HomeMy WebLinkAbout2000-06-21 Packet 3a
ITEM NO.
DATE: June 21, 2000
AGENDA SUMMARY REPORT
SUBJECT: INTRODUCTION OF NEW EMPLOYEE: GINA GRECO, COMMUNITY SERVICES
SPORTS AND ACTIVITIES COORDINATOR
The Community Services Department is pleased to introduce to the City Council and the Community,
Gina Greco, our new Sports and Activities Coordinator. Gina comes to us from a local engineering
firm where she served as office manager for the last five years. Through this experience Gina brings
to the City excellent administrative and organizational skills. She is also a fitness instructor at the
Redwood Health Club and has been organizing and conducting her own classes at the club since
1988.
Gina also has an extensive background in coordinating community events such as Dance for Heart,
Daffodil Days and the Russian River Run. Since joining the Department Gina has put this experience
to good use by taking the lead in organizing this year's Summer Day Camp, the publication of the
Summer 2000 recreation brochure, and preparing for the Concert in the Park Series. In her spare
time, Gina likes to work on her home and enjoy her family. The Community Services Department is
very pleased to have her as part of our team and ask that the City Council join us in welcoming Gina
Greco to the City of Ukiah.
RECOMMENDED ACTION: N/A
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. N/A
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
N/A
Sage Sangiacomo, Community Services Supervisor
Larry W. DeKnoblough, Community Services Director
Candace Horsley, City Manager
None
Candace Horsley, Cit~anager
LD2
GNAINTRO.ASR
MINUTES OF THE UKIAH CITY COUNCIL
Regular Meeting
Wednesday, June 7, 2000
The Ukiah City Council met at a Regular Meeting on June 7, 2000, the notice for which
had been legally noticed and posted, at 6:31 p.m. in the Civic Center Council Chambers,
300 Seminary Avenue, Ukiah, California. Roll was taken and the following
Councilmembers were present: Smith, Libby, Baldwin (6:33 p.m.), Ashiku (6:36 p.m.),
and Mayor Mastin. Staff present: Community Development Director DeKnoblough,
Finance Director Elton, Personnel Officer Harris, Risk Manager/Budget Officer Harris, City
Manager Horsley, MIS Coordinator Klingbeil, City Attorney Rapport, Police Chief Williams,
Administrative Assistant Yoast, and City Clerk Ulvila.
2. PLEDGE OF ALLEGIANCE
Councilmember Libby led the Pledge of Allegiance.
COMMENDATION
4a. Ukiah Senior Center Board Member: Russ Kinsey
Mayor Mastin read the Commendation presented to Russ Kinsey in appreciation for his
dedicated service to the Ukiah Senior Center.
Russ Kinsey appreciated the honor and discussed the work of volunteers at the Ukiah
Senior Center.
COMMENDATION
4b. Bruce Evans
Mayor Mastin read the Commendation presented to Bruce Evans in appreciation for his
dedicated service to the City of Ukiah and the Ukiah Fire Department.
Bruce Evans thanked Council and explained that he enjoyed working for the Fire
Department during the past 27 years and with all City employees. He was given a
standing ovation.
PRESENTATION
Sa. Greater Ukiah Chamber of Commerce
Jim Harrison, Chief Financial Officer, discussed the Chamber of services, seminars and
workshops they have provided to the community. He noted the Chamber of Commerce's
partnerships with the City and other organizations for the October Pumpkinfest and for the
Fourth of July celebration each year.
Kathie Spencer, President, spoke about funding, membership, and sponsorships. She
noted the public/private partnership between the City of Ukiah and the Chamber of
Commerce and that the City has contributed $19,000 towards tourism, relocation and
development promotion. She discussed links provided on the Web Site to other
organizations in the community. On behalf of the Greater Ukiah Chamber of Commerce,
she requested Council approve continued funding of $19,000 annually to the Chamber.
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June 7, 2000
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She noted that the Chamber pays rent at the Conference Center for their office space.
PRESENTATION
5b. Mendocino Cm,nty Youth Project: Karen Wandrei
Dr. Karen Wandrei, Executive Director of the Mendocino County Youth Project, distributed
an organizational chart, a description of agency services, as well as an agency brochure.
She advised that the Mendocino County Youth Project is a Countywide agency that has
been in existence for over 25 years and provides services throughout the County, with
most of the services provided in Ukiah. The Mendocino County Youth Project is a Joint
Powers Agency created by four cities in the County, County Office of Education, and the
School Districts. She discussed the structure of their Board of Directors and noted that
Sage Sangiacomo, the City's representative, sits on their Board. Although Big Brothers
and Big Sisters are affiliated with their program, they are a separate organization and
program, and seek funding separately. They work closely with the Ukiah Police
Department on a daily basis and discussed crisis services and counseling that are offered
by their agency. She discussed alcohol and drug programs offered to youth through
Redwood Counseling Service, working in collaboration with Project Sanctuary, and
providing a number of services in the schools that includes counseling for drug and
alcohol, and truancy prevention. She discussed their Family Enhancement Project and
counseling of parents that are going through a divorce who have children.
Fire Chief Sandelin spoke regarding the Commendation for Fire Marshal Bruce Evans.
He has worked with Bruce for nearly 27 years and complimented him on his expertise with
fire investigation and other facets of the Fire Department. He congratulated him on his
retirement.
3. CONTINUATION OF BUDGET GOALS AND OBJECTIVES: REVIEW OF 1999-00
ACCOMPLISHMENTS AND 2000-01 OBJECTIVES FOR VARIOUS CITY
FUNCTIONS
Personnel
Personnel Officer Harris reported that the Personnel Department hired 51 staff members
through open and promotional recruitment during the current Fiscal year. The Department
facilitated employee training on such topics as harassment in the workplace, conflict
resolution, traffic control and flagging, and confined space training. In addition to regularly
scheduled enrollment periods, the Department recently completed a health insurance plan
conversion and open enrollment for our primary health plan carrier, converting 137
employees and retirees to Blue Shield. She attended various labor law seminars and
legislative updates relative to PERS, Workers Compensation, and current personnel
legislation in order to remain informed on the ever-changing state and federal employment
laws. For next year, the Personnel Department will provide on-going employee training
on such topics as performance evaluation, employee assistance program, CPR, and
relevant safety issues. The Department would like to implement an employee and
applicant tracking data base in order to compile statistical and historical information on
employees and applicants for recruitment and budget planning, maintaining employee
training records, employee salary and promotional histories, and for the tracking of
employee disability leave data. She would also like to implement Email and Internet
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June 7, 2000
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access within the Department for posting vacancy announcements, receiving confidential
test and fingerprinting results from the Departments of Justice and Transportation, and for
receipt of other confidential communications with labor attorneys and other governmental
agencies regarding personnel matters.
Administrative Support ~
Executive Assistant Yoast explained that the Secretarial Pool changed its division name
to Administrative Support Division. They assisted the Assistant City Manager in setting
up his office and creating a filing system for that position. They provided recording
secretary support at the Airport Commission monthly meetings. They increased the copier
usage over the previous year as a result of in-house staff now copying forms for-the
Finance Department that were previously sent to a printer, the Recreation Division's
increased activities and their associated flyers, applications, etc., as well as reproduCtion
of the City newsletter. They trained staff on the use of the new optical imaging system and
MS Word software programs, and hired and trained the City's new receptionist/clerk typist.
Next year they hope to acquire network capability and Internet access at individual
workstations as appropriate, and training as needed. They plan to purchase a new copy
machine for the front work area in the Administrative wing of City Hall.
City Clerk
City Clerk Ulvila reported that during the current year she developed an electronic
tracking method for reCords retention files and City leases. Changes to the City's records
retention schedule will be coming before Council in July. The City Clerk's Department
obtained the optical imaging system and has received training, which will continue
throughout the coming year. During this year, she obtained her Notary Commission. Next
year optical imaging and scanning procedures will continue in order to bring all files
current. She will continue to coordinate the process and documentation for the November
2000 City Election. She also plans to pursue options for linking the City Code to the City's
Web page on the Internet.
Redevelopment
City Manager Horsley advised that this item would
Redevelopment Agency meeting.
be reviewed at next Ukiah
7. RIGHT TO APPEAL DECISION
Mayor Mastin read the appeal process.
8. CONSENT CALENDAR
MIS AshikulBaldwin approving items a through e of the Consent Calendar.
Councilmember Libby requested item 8d be pulled from Consent Calendar.
MIS AshikulBaldwin amending motion to approve Consent Calendar items a, b, c, and
e as follows:
a. Rejected Claim for Damages Received from Schuyler Ro.qers and Referred to the Joint
Powers Authority, Redwood Empire Municipal Insurance Fund;
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June 7, 2000
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b. Received Report to Council Regarding the Procurement of Computer Software Training
Services from Redwood Computers in the Amount of $5,355;
c. Approved the City of Ukiah Statement of Investment Policy for Fiscal Year 2000/2001;
e. Received Report of Sale of Surplus Fire Engine to Hopland/Sanel Valley Fire Department.
Motion carried by the following roll call vote: AYES: Councilmembers Smith, Libby,
Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None.
Mayor Mastin advised that Consent item 8d will heard as 1 lb on the Agenda.
APPROVAL OF MINUTES:
6a. Special Meetin.q of May 17, 2000
MIS Smith/Libby approving the Minutes of the Special Meeting of May 17, 2000, as
submitted, carried by the following roll call vote: AYES: Councilmembers Smith, Libby,
Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None.
APPROVAL OF MINUTES:
6b. Re.qular Meetin.q of May 17, 2000
Councilmember Smith noted a correction to page 6, second paragraph, first sentence to
Street Board along with City Manager Horsley and Community Development Director
DeKnoblough this week to discuss the future contract for the Main Street Program."
MIS Smith/Libby approving the Minutes of Regular Meeting of May 17, 2000, as
corrected, carried by the following roll call vote: AYES: Councilmembers Smith, Libby,
Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None.
9. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
Steve Turner, on behalf of the Bike Week Committee, made a presentation to Mayor
Mastin. The Mayor consented to participate in a friendly competition with Mendocino
County Supervisor Shoemaker in which both rode their bicycles as much as possible
during Bike Week. The Bike Week Committee awarded Mayor Mastin a plaque for biking
the most miles. The competition will be repeated next year.
Mayor Mastin explained that it was a fun week and that he has changed his transportation
habits since the competition.
11b. Approved Lease with Feather Lite, Inc., for a 7,000 Square Foot Portion of the
Ukiah Reqional Airport
Councilmember Libby inquired why the matter was not included on the Consent Calendar
rather than under New Business on the Agenda.
City Manager Horsley explained if there is something controversial or issues that Council
needs to discuss, it would be included under New Business, however, this is a standard
lease agreement and therefore was included on the Consent Calendar.
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Councilmember Baldwin was under the assumption that Feather Lite was only
manufacturing aircraft parts, however, the Staff Report indicates they manufacture
experimental aircraft. He inquired if they plan to test the aircraft at the Ukiah Airport.
Michael Dilly, president of Feather Lite, stated they will not be testing aircraft at Ukiah
Airport and test flying is not part of their operations.
Councilmember Ashiku inquired if they will be constructing experimental aircraft at Ukiah
Airport.
Mr. Dilly explained that they would construct one airplane and it is a long-term project.
They build components for both experimental and certificated aircraft and helicopters. The
individual aircraft they plan to construct is a self-funded project. After it is constructed,
they will produce kits and the kits will be shipped to customers which the customer
assembles. He explained that it is not necessary to be located at an airport, however,
most of their customers are aircraft owners and operators. At times they fly in to discuss
projects. Since they manufacture aircraft components, they have always been located
near an airport. He noted they currently have 6.5 employees and it may be increased to
10 employees by the end of the year. He projected having 10 to 20 employees within a
five-year period.
Councilmember Baldwin inquired if Mr. Dilly's business plan is dependent on increased
air traffic coming into the Ukiah Airport.
Mr. Dilly explained they ship their manufactured components worldwide and are not
dependent on increased air traffic at Ukiah Airport. He discussed his operations in
Boonville.
Councilmember Libby noted that the Staff Report indicates that staff will be doing survey
work, trenching, undergrounding the drain line, and inquired if it is part of the capital
improvement fee that is being charged to the leasee.
Community Services Director DeKnoblough explained that it is not being charged to the
leasee. It is an existing drainage ditch created by natural drainage, and in order for the
City to prepare the site for any kind of development, it would need to be filled. As part of
the project, the City agreed to get that portion of the site prepared so it could be
developed. He discussed construction costs and staff time to complete the work.
City Manager Horsley explained that the City's standard is that the parking lot and road
be paved for new construction at the Airport.
VERBATIM MINUTES START: (As requested by Vice-Mayor Ashiku)
"Councilmember Libby: I know Councilman Ashiku has been very involved in this project,
and I just wanted to ask if you have any financial interest in this because I know you've
been very involved from the beginning.
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June 7, 2000
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Councilmembe~' Ashiku: Well, you know, I kind of take that question personally because
ill have interest in promoting, for Christ's sakes, any business, small business that comes
to. this community, am I going to be under suspicion by you for having a financial interest?
(Libby talking at the same time.) Excuse me, excuse me. Is it because they are from
Boonville that I'm under suspicion? Because I grew up in Boonville, that I might have
financial interest? I think the question is entirely inappropriate, Kathy. And, you know, I
champion small businesses. It happens to be what I do. I try to bring small businesses
into the community, in fact, I didn't even know Mr. Dilly's last name until tonight. In fact,
Mr. Dilly can come up to you today, tonight here, and tell you that I did not meet him for the
first time until this year. You can ask him. I mean, that is unbelievable. That is just
unbelievable.
Councilmernber Libby:' Councilman Ashiku, I'm just asking the question. I think you're
reading into something. I just know you've been very involved and very excited about it
from the beginning, and you are from that area. I just...
Councilmember Ashiku: I, you know, I take it personally, and I'll tell you this, rm excited
because they have the.potential for creating 20 to 30 jobs here. I'm excited about that.
I think you all should be excited about that. You proclaim to be a champion of small
business, Kathy, and I never question your motives. I tell you, I have nothing to do with
this company. I haVe no financial interest.
Councilmember Libby: That's all you had to state.
Councilmember Ashiku: I didn't have to state that and I'm going to tell you this, though.
I take it as a personal offence. I mean you are politicizing this process. And I think it's
wrong. I think it's an inappropriate question because there is no basis for that question.
There is no basis to support that other than you suspicion. And, I mean, if I, I mean, I
think it's just entirely inappropriate to ask that question, rm offended by it.
Councilmember Libby: I'm sorry you're offended by it.
question."
VERBATIM MINUTES END
I think it was just a legitimate
Councilmember Baldwin explained that he supports the project and is impressed by Mr.
Dilly's discussion of his business. However, we need to continue to revisit items
concerning Airport development and should be included on the regular Agenda, rather
than the Consent Calendar in the future.
MIS Smith/Libby approving the lease with Feather Lite, Inc. at the Ukiah Airport, carried
by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and
Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None.
UNFINISHED BUSINESS
10a. Adoption of Ordinance Amendinq Division 1, Chapter 2, Section 62 of the
Ukiah City Code Reqardin.q Councilmembers' Salaries
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City Manager Horsley advised that at its May 17, 2000 meeting, the City Council
introduced, by a 4/5 vote, an ordinance modifying the monthly salary for Councilmembers
effective after the November 7, 2000 election.
MIS Baldwin/Smith adopting Ordinance amending Division 1, Chapter 2, Section 62 of
the Ukiah City Code regarding Councilmembers' salaries carried by the following roll Call
vote: AYES: Councilmembers Smith, Libby, Baldwin, and Mayor Mastin. NOES:
Councilmember Ashiku. ABSENT: None. ABSTAIN: None.
UNFINISHED BUSINESS
10b. Discussion of City Council Meetinq Minutes
Mayor Mastin advised that he asked to have this matter placed on the agenda after
lengthy minutes were presented to Council for the April 5, 2000 meeting. He wanted to
discuss the process for taking the minutes and for taking verbatim minutes, and if Council's
decision in September 1999 is still adequate. Rather that put Council or the City Clerk in
a position of editing minutes, or identifying which items should be verbatim, some form of
verbatim minutes would be preferable to the current summary format. The public would
also have the option of listening to the tape recordings.
Councilmember Libby explained that we do not have verbatim minutes at every meeting
and there has only been two occasions in which she requested that an issue be detailed
during the past 1% years. She expressed concerned that we have detailed minutes when
a Councilmember asks, and. that they be prepared in a timely manner. She felt she did this
during both of her requests.
City Clerk Ulvila stated that she submitted a Memo to Council tonight that explains the
transcribing process for verbatim Minutes. The Memo also addresses the issue that she
is designated to work 32 hours per week. She does not consider the position of City Clerk
political and that the City Clerk's purpose is to remain impartial and fair on all matters and
towards all individuals. Her position relies heavily on following procedures and policy
authorized by the City Council. Last year the City Council authorized the Minutes to be
transcribed in Summary Format. At that time, Council was also in agreement that
changes/corrections to the Minutes be provided by a Councilmember in writing to the City
Clerk at the meeting. When substantial changes are being requested, it is imperative that
the City Clerk be provided with concise wording of the changes proposed.
Since Council, as a whole, directed her to transcribe the Minutes in.Summary Format, she
felt it only fair that they also provide her with direction when they feel a matter should be
transcribed in more detail or verbatim. This direction should be made during the meeting
and by a consensus of Council. This will not only allow all Councilmembers to voice their
opinion on the matter, but will also provide her with adequate preparation for the task at
hand. Preparation for transcribing minutes verbatim is quite different than Summary
Format.
Mayor Mastin noted that the public has the ability to come in at their leisure and listen to
the tapes or have a copy of the tape prepared. Another option would be to have a court
June 7, 2000
Page 7 of 1.4
reporter take verbatim minutes.
Councilmember Libby discussed the two 'instances whereby she requested more detail
of minutes be prepared concerning certain matters on the Agenda. Each time Council's
response has been that they need to discuss hOw the minutes are going to .be dOne
Councilmember Ashiku pointed out that it is important for the efficiency of the City Clerk's
office, that a Councilmember state at the time of the meeting if they request'more detail of
a particular segment of the minutes. In that way, it will be clearly stated for the record and
the City Clerk will have appropriate direction from Council in order to prepare the minutes.
Everything else can be in summary format. He addressed the fact that it is time
consuming for the minutes to be revised..
Councilmember Libby discussed the circumstances surrounding her latest request for
a portion of the minutes concerning Clara Avenue be in detail. It was noted that the City
Clerk did not attend that meeting nor transcribe the minutes. She felt that she had asked
in a timely manner to have the minutes more detailed, however, due to various
circumstances, they were not prepared to her liking until the day of the next Council
meeting.
Councilmember Ashiku accepted Councilmember Libby's explanation concerning the
circumstances surrounding the April minutes, however, he felt it is necessary to make the
request at the time of the meeting. In that way, whoever transcribes the .minutes from the
tape recording will be given direction.
City Attorney Rapport advised that under the Government Code, the City Clerk has a
statutory responsibility to prepare the minutes. No individual City Councilmember has the
authority, under the state law, to direct the City Clerk in preparation of the minutes. By
statute, the City Council, as a legislative body, is responsible for ensuring that the minutes
are accurate. Normally, the City Clerk prepares a set of draft minutes and are presented
to the City Council at the next meeting for approval. If any individual Councilmember
wants those minutes modified, expanded, or corrected in any way, they make a motion to
that affect. If the Council passes the motion, then the City Clerk is directed to make those
corrections or changes to the minutes. Council can make these decisions on a case by
case basis, so if any Councilmember on any occasion felt that one item should be
recorded in more detail, or less detail, they coUld make that motion to the Council. If
Council passes that motion, then the City Clerk would be required to make those
corrections.
Councilmember Smith addressed the legal aspects of the minutes, and inquired if
Council adopted a policy whereby a Councilmember would be required to make their
request for more detail or verbatim minutes during the meeting, would it be legally
acceptable, as opposed to having Council vote on that suggestion?
Mr. Rapport explained that, as a matter of policy, if Council wants to have it done that way
at a public meeting, it would be a better practice than having it happen outside the meeting
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June 7, 2000
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forum. He pointed out that an amendment to the Resolution establishing policies for
conducting City Council meetings could be added to include minute preparation.
Considerable discussion followed concerning the matter.
City Manager Horsley and City Clerk Ulvila agreed that Councilmembers should make
their request at the time of the meeting if they want portions of the minutes transcribed in
more detail or verbatim.
Councilmember Baldwin advised that he is flabbergasted that Council has spent so much
time amending minutes about trivial reports. Any aware citizen that wants to know what
is going on at a Council meeting, merely needs to find out Council's vote on matters. The
issueshave been explained in the summary minutes submitted to Council and also in the
Staff Reports to Council.
Councilmember Ashiku concurred with Councilmember Baldwin's statements.
City Clerk Ulvila noted that all information contained in the Council packet is sCanned into
the City's optical imaging.system and is available to the public upon request.
Mayor Mastin questioned Councilmember Libby concerning her statement on page two
of her letter and asked her to identify the two people mentioned in her letter that are
friends of the Mayor.
Councilmember Libby identified the two people as Eric Larson and Judy Pruden, who
have been very involved in the Clara Avenue issue and are both Planning CommisSioners.
Mayor Mastin address the inappropriateness of Councilmember Libby's queStioning of
Eric Larson at a previous meeting, noting that considering her tone, the manner, and the
interrogation of Mr. Larson as inappropriate. ..
Discussion continued relative to the matter of how the minutes should be transcribed and
the direction to the .City Clerk. Procedural issues were discussed relative to
Councilmembers directing the City Clerk in the preparation of the minutes.
Judy Pruden, 304 South Hortense Avenue, advised that she is Chairman of the
Mendocino County Historical RecOrds Commission and has worked with archival storage
of all County records and a number of City's City Clerks. She has read most of the City
Council's minutes and was of the opinion that.the City Clerk does an excellent job
transcribing the minutes. Council has the responsibility to make sure the minutes are clear
so that future generations will be able to understand what took place at. meetings. On
occasion, she' had made arrangements to listen to the tape recOrdings. Council should
listen to the City Clerk's requests in order to properly transcribe the minutes.
She noted her disgust with the letter submitted by Councilmember Libby and included in
the COuncil packet. She further discussed popular opinions in the community concerning
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Councilmember Libby and her husband. She advised that she has no financial interest or
gain in seeing that the Wagonseller Neighborhood traffic calming program goes forward.
She discussed the history of the Wagonseller Neighborhood organization over the years
and their contributions to the community.
8:20 p.m.- Recessed.
8:30 p.m. - Reconvened
Discussion followed concerning Council's direction to staff concerning a proposed
amendment to the Resolution.
Councilmember Ashiku expressed a need to clarify the amendment to the Resolution and
that it be recorded verbatim in the minutes. "Ithink what was established tonight, ill recall
correctly, is: 1 ) at the time of the meeting, or during the meeting, at the time of discussion,
a Councilmember should, if possible, state that they want something recorded verbatim for
the record. I think that was one of the essential ingredients. The other thing was that a
Councilmember should submit their revisions to the Record for submission to the Council
at that next meeting so that, when the minutes are being reviewed, so that they can be
either approved and incorporated into the Record, or at that meeting they can make a
request to have further detail provided by the Clerk. And I think that all other minutes to
be done, performed in summary form. Does that fairly reflect what was discussed?"
Councilmember Smith and Mayor Mastin concurred with Councilmember Ashiku's
description of the proposed procedure.
Councilmember Libby requested further clarification on the matter.
Considerable discussion by Council concerning clarification of the procedure for
requesting detail or verbatim minutes followed.
Mayor Mastin summarized the consensus of Council is proposing that during the course
of the meeting, if a Councilmember feels they would like a portion of the minutes to be in
detail or verbatim, they need to state it for the record at that time. When the draft minutes
are reviewed by Council at the next meeting, a Councilmember would have the opportunity
to request that a portion of the minutes be in detail or verbatim. However the Council
would have to approve that change on a-three filth's vote because they are approving the
minutes at that time.
City Manager Horsley advised that she would prepare an amendment to the Resolution
for Council's review at the next meeting.
NEW BUSINESS
11a Appeal of City Manaqer's Decision to Deny Taxi Cab Permit
City Manager Horsley advised that Mr. Thomas C. Cash, aka Taxi Guy, has requested
an appeal regarding his renewal for a Vehicle for Hire Permit, which was denied by first
the Police Department and then on appeal to the City Manager. In April of this year he
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applied.to renew his permit but was subsequently denied the renewal due t°a conViction
of a felony act. Ukiah City Code Section 2533.1 requires the denial of an application if the
applicant has been convicted within five years of the date of application of a crime
involving violence or the threatened use of'violence or dishonest. Mr. Cash had received
his original Vehicle for Hire Permit in 1999 in error from the Police Department and upon
this discovery the Department denied the renewal request.
As noted in her Staff Report, the appeal with the City Manager was held on May 4, 2000.
His application and conviction in 1996 were discussed at that meeting. The denial of the
renewal would create a financial hardship for Mr. Cash and his attorney discussed'the
issue of. Estoppel. She referred to her letter regarding the appeal and denial of the permit
that is included in the Council packet in which the Estoppel issue is discussed. The City
Attorney feels it is not a valid point in this matter. She denied the application to renew the
permit, based mainly on the fact that members 'of the public rely on the permits issued by
the City when they get into a taxi cab, and therefore, the public has the right to believe that
the owner and driver of the cab have no convictions of violence, or threatened use of
violence on their record. Whether or not a public official made a mistake, the public should
not have to live with the consequences if public safety is in question.' Mr. Cash has
requested an appeal in front of the City Council.
Mr. Tom Cash advised that he has been operating a taxi business in Ukiah as the TaXi
Guy for the past year. He explained the situation, as previously described by City
Manager Horsley, concerning his license renewal and that he submitted all the apprOpriate
forms to the City. He also has loans, totaling approximately $17,000, that were necessary
to start his business. He did everything that the City told him to do and has been truthful
about his conviction in 1996. He did not understand why he should bear the weight and
financial hardship of the mistakes caused by the City's employees. Due to his disabilities,
he is limited to the types of work he can perform.
Police Chief Williams advised that Mr. Cash, upon submittal for his permit approval, did
make everything known and confirmed previous statements made by Mr. Cash. The City
Ordinance concerning the issuance of a Vehicle for Hire Permit is very clear and should
have been caught at the time Mr. Cash submitted his request. However, there was failure
on the part of the Police Department, not City staff that approved the Use Permit and
Business License. He stated that he takes responsibility for the error and apologized to
Mr. Cash.
Mr. RaPport explained there is immunity cited in the Government Code for the City based
on the issuance or failure to issue a permit that may or may not protect it from liability.
There is a City ordinance that makes it mandatory that the City deny the permit if someone
has this type of conviction within five years of an application. If there was an injury or
damage that resulted from his conduct, then, conceivably the City could be held liable.
The City Manager's decision expressed concern with public safety and public policy
behind the ordinance that makes it mandatory.
Discussion followed conceming the matter. It was noted the five-year period regarding the
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conviction would be up in the early part of the year 2001.
Councilmember Baldwin was of the belief that there has been an injustice but the law
does not allow Council authority to grant the permit.
Mr. Rapport explained the concept of Estoppel. In reliance on that representation that Mr.
Cash could lawfully operate a taxicab in the City, he purchased a cab and incurred
financial obligations. It would be a hardship on him if he were now deprived of the permit
that he was originally issued since the City clearly intended for him to believe that, when
he was issued the permit, he was permitted to operate a cab. These are all elements of
Estoppel that have been established. However, when you attempt to use the equitable
principal against the government, there is a fifth element, that is, the courts will not enforce
Estoppel if doing that would prevent the enforcement of an important public policy that is
designed to protect the public. That is because the public official that made the mistake
isn't the one who's punished in effect by enforcing the Estoppel, it's the general public.
The courts won't do that because it doesn't cure the injustice because now the public is
being subjected to an injustice by being deprived of the protection that law was adopted
to provide. Sifting as the City Council, you have to be concerned not only by the injustice
to Mr. Cash, but also the effect to the public interest.
City Manager Horsley requested a brief recess to allow her to speak to the City Attorney
in private concerning the matter.
9:00 p.m. - Recessed
9:03 p.m. - Reconvened.
City Manager Horsley suggested an alternative for Council regarding this matter. If
Council decides that they cannot approve the permit, they may consider making up the
difference between the sale of the vehicle and what Mr. Cash owes for business purposes
on the loan for the vehicle. The City would then pay the difference between that sale and
the loan amount. Even though Mr. Cash may be denied operation of his business, he has
incurred a financial burden for the business that he would find difficult to repay.
MIS AshikulSmith Upholding the City Manager's decision to deny Taxi Cab Permit to
Thomas C. Cash, dba Taxi Guy, and instructed the City Manager to consider the
appellants loan and that the City be instructed to provide fair compensation for the
differential of the loan amount versus the sale of the vehicle.
Councilmember Baldwin inquired as to the percentage of the loan that is directly related
to the vehicle.
Mr. Cash explained that the loan for the car was approximately $9,100. He took out
various loans to cover the cost of the car, liability insurance, and miscellaneous expenses
for the business. He felt that Council's motion would help him a great deal with his
financial obligations. He explained that dUring the past year he has paid off most of the
loans.
DRAFT
June 7, 2000
Page 12 of 14
City Manager Horsley explained that there are some funds available and she would need
to investigate the matter.
Chief Williams requested that before a decision is made as to how Mr. Cash's financial
obligations would be repaid, that he have an opportunity to speak with the manager of the
bank regarding other options concerning payment. He felt the Police Department has
some responsibility towards the matter. He apologized to Council for putting them in such
a position.
MIS AshikulSmith amending motion that it. include that it be a settlement that would drop
any claims or future claims to the City or its employees.
City Manager Horsley advised that she will come back for Council approval of the funds
and at that time will recommend the source of the funds.
Motion carried by the following roll call vote: AYES: Councilmembers Smith, Libby,
Baldwin, ^shiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None.
12. CITY COUNCIL REPORTS
Councilmember Smith had nothing to report.
Councilmember Libby reported attending an MCOG meeting and the 2000/2001 Work
Program planning was approved. They adopted the TCP recommendations and are
looking at $854,449 for the Work Program budget. Also approved was the budget for the
Administration, Bicycle, Pedestrian, Planning, and Transit allocations. She noted that their
budget is available for Council's review. Thirty-seven Call Boxes for the Safe Program
have been delivered and should be in place by the end of October. She took an official
tour of the Airport last week.
Councilmember Baldwin had nothing to report.
Councilmember Ashiku reported attending a LAFCO meeting last week. At issue was
the Calpella County Water District annexing an area that is currently being served, and
philosophical views about how these unserved areas came about. There was also
concern that they had no regard for the LAFCO process, and whether the environmental
document that was performed by the Calpella Water Agency was adequate. They had to
extend the decision to another meeting.
Mayor Mastin reported attending a Chamber of Commerce luncheon last week in which
awards were given for Citizen and Business of the Year. He reported that MTA met in
Anderson Valley last month and an item of business included their budget. On June 8,
2000, MTA will have a special closed session meeting concerning the Transit Center
Depot property.
DRAFT
June 7, 2000
Page 13 of 14
He reported that he is a member of the Hate Crimes and they are moving forward on a
process for dealing with hate crimes in the greater Ukiah area. They will have a public
meeting once they get all their elements together and plan to have a community meeting
in August or September.
He advised that several months ago he made the decision to not run for Mayor in the
November election. He distributed a Press Release that will be sent out tomorrow formally
announcing that he will not seek reelection. He noted that nothing discussed at the
present meeting had any bearing on his decision.
13. CITY MANAGER/DIRECTOR REPORTS
City Manager Horsley reported that Council was notified that Randy Pool, General
Manager' of the Sonoma County Water Agency, would be speaking to the Engineering
Contractors Association on June 21,2000 in Santa Rosa. Any Councilmembers wanting
to attend should contact her.
City Clerk Ulvila had nothing to report.
Councilmember Libby noted that because of the shortfall in MTA's budget due to
insurance and gasoline, Phil Dow seemed very sure that funds for these items be available
to cover the deficit of MTA. She referred to MCOG's budget and noted they asked to take
the funds out of their Capital Reserve fund.
Councilmember Ashiku requested that verbatim minutes be prepared for the portion of
the minutes concerning the dialogue exchanged between Councilmember Libby and
himself for item 1 lb, Feather Lite's Airport Lease Agreement.
City Attorney Rapport reported that he would not be at the next Council meeting.
14. CLOSED SESSION
None.
15. ADJOURNMENT
There being no further business, the City Council meeting was adjourned at 9:24 p.m.
Marie Ulvila, City Clerk
DRAFT
June 7, 2000
Page 14 of 14
ITEM NO.: 6a
DATE: JUNE 21, 2000
AGENDA SUMMARY REPORT
SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF MAY 2000
Payments made during the month of May, 2000, are summarized on the attached Report of
Disbursements. Further detail is supplied on the attached Schedule of Bills, representing the
four (4) individual payment cycles within the month.
Accounts Payable check numbers: 23540-23728, 23832-24055
Accounts Payable Manual check numbers: 20570-20572
Payroll check numbers: 23436-23539, 23729-23831
Void check numbers: None
This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1.
RECOMMENDED ACTION:
Approve the Report of Disbursements for the month of May, 2000.
ALTERNATIVE COUNCIL POLICY OPTIONS: N/A
Citizen Advised: N/A
Requested by: Candace Horsley, City Manager
Prepared by: Kim Sechrest, Accounts Payable Specialist
Coordinated with: Gordon Elton, Director of Finance and Candace Horsley, City Manager
Attachments: Report of Disbursements
Candace Horsley, City~~.anager
KRS: WORD/AGENDAMAY0 0
CITY OF UKIAH
REPORT OF DISBURSEMENTS
REGISTER OF PAYROLL AND DEMAND PAYMENTS
FOR THE MONTH OF MAY 2000
Demand Payments approved:
Check No. 23540-23621, 23622-23728, 23832-23947, 23948-24055, 20570-20572
FUNDS:
100 General Fund $121,746.84 660
131 Equipment Reserve Fund $85.78 661
142 National Science Foundation $1,687.00 665
143 N.E.H.1. Museum Grant $612.52 670
150 Civic Center Fund 675
200 Asset Seizure Fund 678
203 H&S Education 11489(B)(2)(A1 $57.55 679
205 Sup Law Enforce Srv. Fd (SLESF) 695
206 Community Oriented Policing $2,787.16 696
207 Local Law Enforce. BIk Grant 697
220 Parking Dist. #10per & Maint $434.43 698
250 Special Revenue Fund $2,297.83 800
260 Downtown Business Improvement 801
300 Gas Tax Fund (2106) 805
301 Gas Tax Fund (2107) 806
332 Federal Emerg. Shelter Grant $8,852.95 820
333 Comm. Development Block Grant $7.16 900
334 EDBG 94-333 Revolving Fund 910
410 Conference Center Fund $6,037.46 920
550 Lake Mendocino Bond $1,320,147.68 940
555 Lake Mendocino Bond Reserve ($43,464.00) 950
575 Garage $1,123.44 960
600 Airport $29,180.56 962
612 City/District Sewer $84,620.81 965
640 San Dist Revolving Fund 966
Sanitary Disposal Site Fund
Sanitary Disposal Replace
Refuse/Debris Control
U.S.W. Billing & Collections
Contracted Dispatch Services
Public Safety Dispatch
MESA (Mendo Emerg Srv Auth)
Golf
Warehouse/Stores
Billing Enterprise Fund
Fixed Asset Fund
Electric
Electric Revenue Fund
Street Lighting Fund
Public Benefits Charges
Water
Special Deposit Trust
Worker's Comp. Fund
Liability Fund
Payroll Posting Fund
General Service (Accts Recv)
Community Redev. Agency
Redevelopment Housing Fund
Redevelopment Cap Imprv. Fund
Redevelopment Debt Svc.
PAYROLL CHECK NUMBERS 23436-23538
DIRECT DEPOSIT NUMBERS 7608-7712
PAYROLL PERIOD 4/16/00-4/29/00
PAYROLL CHECK NUMBERS 23539, 23729-23831
DIRECT DEPOSIT NUMBERS 7713-7817
PAYROLL PERIOD 4/30/00-5/13/00
TOTAL DEMAND PAYMENTS
TOTAL PAYROLL VENDOR CHECKS
TOTAL PAYROLL CHECKS
TOTAL DIRECT DEPOSIT
TOTAL PAYMENTS
VOID CHECK NUMBERS: None
$61,324.99
$4,908.18
$521.64
$6,575.85
$39,152.61
$2,703.64
$4,952.07
$6,984.68
$481,175.61
$12,240.29
$46,337.90
$15,580.49
$84,239.18
$6,834.38
$168.24
$186,780.00
$2,496,694.92
$70,819.07
$145,103.01
$229,430.19
$2,942,047.19
CERTIFICATION OF CITY CLERK
This register of Payroll and Demand Payments was duly approved by the City Council on
City Clerk
APPROVAL OF CITY MANAGER
I have examined this Register and approve same.
CERTIFICATION OF DIRECTOR OF FINANCE
I have audited this Register and approve for accuracy
and available funds.
City Manager
Director of Finance
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AGENDA
SUMMARY
ITEM NO. 6b
DATE: June 21, 2000
REPORT
SUBJECT: NOTIFICATION TO THE CITY COUNCIL REGARDING THE
PURCHASE AND INSTALLATION OF A 48" EXHAUST FAN FOR THE FIRE
DEPARTMENT APPARATUS BAY IN THE AMOUNT OF $6,510.05.
SUMMARY:
Included in the 1999/2000 Budget was a project, re-budgeted from 1998/1999, to provide
for the removal of vehicle exhaust for the six vehicles parked on the North side of the Fire
Department Apparatus Bay. The original budget amount was $3,000. Bids were accepted
with only one firm responding with a proposal of $6,510.05. A Purchase Order was
issued to Roberts Service and Construction, in the amount of $6,510.05, for all material
and labor to install a 48" exhaust fan in the North concrete block wall of the Fire
Department Apparatus Bay. Since this project is over budget, the necessary funds were
transferred within the Fire Department budget to Account Number 100.2101.800.000 to
fund this project. This Agenda Summary Report serves as notice to the City Council of
this action.
RECOMMENDED ACTION: Receive and file report regarding the purchase and
installation of a 48" exhaust fan for the Fire Department Apparatus Bay in the amount of
$6,510.05.
ALTERNATIVE COUNCIL POLICY OPTION: N/A
Citizen Advised: N/A
Requested by: Fire Department
Prepared by: Dan Grebil, Interim Fire Chief Officer
Coordinated with: Candace Horsley, City Manager and Dean Hutton, Acting Fire Chief
Attachments: Vendor Proposal
Candace Horsley, (~W Manager
Page No. 1 of 1
SANTA ROSA BRANCil
4649 Dowdell Avenue
Santa Rosa, CA 95407
(707) 584-5880
Roberts Mechanical & Electrical Inc., d.b.a.
ROBERTS
SERVICE &
CONSTRUCTION
"Service is Our Business'
CONTRACTORS LICENSE NO. 556014
Pages
UKIAH BRANCH
189 Wabash Avenue
Ukiah, CA 95482
(707) 462-3290
PROPOSAL SUBMI]-FED TO
City of Ukiah
STREET
300 Seminary Ave.
CITY, STATE and ZIP CODE
Ukiah, CA 95482
ARCHITECT
DATE OF PLANS
PHONE
463-6274
DATE
5/8/00
JOB NAME
Exhaust Fan Installation
JOB LOCATION
Fire Department Appartus Room
lJOB PHONE
We hereby submit specifications and estimates for:
.... .............................
.... .W.. a_ ~. !....... 0...f.........F..,~...r..e.........? ..e...P.....a..~...t.. ~...e...~. ~......_A....p...p ..a....r.. a....t-..u....s.........R....0...o.._m...,-. ............. ._P. ~.~.?.~...... J:. _~..c..!..u... ~..e.,..s.........c_ ?.!..,]:._a ~..f ...... .,m......o...~....o...r...._.s...~...d.~ ........................
_.g..?.:.d.., ....... ....... ....... ....................................................................................
Unit rating is 19,000 CFM at 0.125 SP.
Installation includes two 15-minute mechanical, no-hold, spring wound timers
to be located on east and west walls. Control wiring to be 24 volt. All
necessary transformers, contactors and controls to be installed into a
on east wall.
opening, line and control wiring, debris removal, start-up and adjustment.
.... ...................
wall strength is sufficient to preclude extra bracing after hole is cut.
See the attached notice of cancellation form for an explanation of this right."
~r ~rapasr hereby to furnish material and labor -- complete in accordance with above specifications, for the'S~m of:
Six Thousand Five Hundred Ten and 05/100 d011ars($6,510-05 ).
Paymenl to be made as follows:
Upon corapletion and billing.
All material is guaranteed to be as specified. All work to be completed in a workmanlike
manner according to standard practices. Any alteration or deviation from above specifications
involving extra costs will be executed only upon writlen orders, and will become an extra
charge over and above the estimate. All agreements contingent upon strikes, accidents
or delays beyond our control. Owner to carry fire, tornado and other necessary insurance.
Our workers are fully covered by Workman's Compensation Insurance.
Acceptance o[ roposal - specifications
and conditions are satisfactory and are hereby accepted. You are authorized
II t
o do the work as specified. Payment will be made as outlined above.
Date 0f Acceptance:
Authorize~.~.~,~,
Signatur~---~-"' ~v - --
Note: This proposal may be
withdrawn by us if not accepted within
Signature
Signature
AGENDA
SUMMARY
ITEM NO. 6c
DATE: June 21,2000
REPORT
SUBJECT: AWARD BID FOR IN-CAR VIDEO SYSTEMS FOR POLICE PATROL
VEHICLES TO MOBILE VISION, INC. IN THE AMOUNT OF $29,992.46 AND AUTHORIZE
THE IN-CAR VIDEO SYSTEMS PROJECT
SUMMARY: Over the last two years the Ukiah Police Department has presented to Council,
Notification Of Award, for a number of Federal and State Block Grants. These grants were
designated for the purchase of technology improvements in the area of Public Safety. The
Ukiah Police Department had originally set these funds aside for the eventual purchase of
mobile computer terminals for our patrol cars.
Ukiah Police Department later reviewed its funding plans and needs and reported to the
Council during the latest budget goal session that it wished to acquire in-car video systems for
seven of the marked patrol cars. These cameras will provide a video and audio record of
police activities within the range of the camera and audio recording system. The video/audio
record will provide or assist in the following areas:
o
.
4.
5.
6.
7.
Indisputable record of encounters involving officers and citizens.
Enhanced prosecution of DUI, drug interdiction, traffic violations and other
offenses.
Reduction of court appearances, saving overtime costs.
Improvement of level of professionalism.
Reduction of complaints and improvement of community relations.
Excellent training and self-motivational tools.
Video and audio notebook to enhance memory when writing criminal reports.
For this purchase, the Ukiah Police Department developed a selection committee and
arranged demonstrations of various in-car video systems. In addition, the committee arranged
for demonstrations from other local departments already using these systems. From this
research, the Committee developed bid specifications and produced a Request for Proposals
(RFP) for eight vendors.
Continued Page 2.
RECOMMENDED ACTIONS:
1. Award bid to Mobile Vision Inc. of Boonton, NJ, in-car
video system in the amount of $29,992.46.
2) Approve Video In-Car Camera Project, for an estimated
cost of $40,200.00 with expenditure of grant funds from
accounts 205-2001-800-000 and 207-2001-800-000.
ALTERNATIVE COUNCIL POLICY OPTION: Reject all bids and provide staff with direction
for alternative action.
Citizen Advised: N/A
Requested by: Public Safety Departments - Police, Fire and Dispatch
Prepared by: Dan Walker- Police Captain / Operations Commander
Coordinated with: Candace Horsley, City Manager and John Williams, Police Chief
Attachments: 1. Proposed Project Budget,
2. Opening Bid Analysis
Candace Horsley, Cit~Manager
AGENDA SUMMARY REPORT
Page 2
The Department obtained bids from four vendors specializing in police video equipment:
Galls Inc. of Lexington, KY, $37,162.05, Mobile Vision Inc. of Boonton, NJ, $29,992.46, Video
Systems Plus of Bryan, TX, $27,552.53, and Masterson Communications Inc. of Ukiah, CA
$37,577.89.
Of the four vendors who returned bids, Mobile Vision Inc., was the only vendor to meet
all specifications in the RFP and provided the second overall lowest bid. The lowest bidder,
Video Systems Plus, did not meet all of the RFP specifications, and research showed it has no
Police contracts in the western United States, putting serviceability into question.
Mobile Vision Inc. has over 12,000 systems installed with more than 1,500 law
enforcement agencies across the United States, the closest in Sonoma County. Based upon
the recommendations of the selection committee and the inability of the lowest bidder to meet
the minimum RFP specifications, it is recommended the bid be awarded to Mobile Vision Inc.,
of Boonton, NJ, for the amount of $29,992.46.
In addition to the purchase of the actual in-car cameras, the Ukiah Police Department
plans to solicit competitive bids for the professional installation of the purchased units, and
purchase the in-house video equipment, video tapes, and storage units for the project. A
proposed project budget with a total project cost of $40,200.00 is Attachment 2 to this
summary report.
In order to make use of all of the grant funds as prescribed by grant funding time-lines,
the Ukiah Police Department plans to spend $13,712.46 from Federal Block Grant ¢98-LBVX-
3087 (Fund Account ¢207-2001-800-000), $19,299 from Federal Block Grant ¢2000-LBVX-
0391 (Fund Account ¢207-2001-800-000), and $7,188.54 from the State of California,
Supplemental Law Enforcement Grant (Fund Account ¢205-2001-800-000). Though these
expenditure amounts are in the approved 1999/2000 Budget, Council authorization of the
specific purchase program is required. Thus, staff requests the Council authorize the In-Car
Video System Project.
IN-CAR VIDEO SYSTEMS PROJECT
Proposed Budget
7 Cameras for Patrol Cars
$30,000.00
7 Cooling Systems
$ 1,100.00
Installation
$ 2,000.00
1000 Video Tapes
$ 2,750.00
Video Tape Cabinets
$ 300.00
Microphones
$ 625.00
Batteries
$ 1,600.00
Duty Belt Carriers
$ 425.00
Spare Transmitters
$ 400.00
Video Copy Machine
$ 1,000.00
Estimated Total Project Costs:
$40,200.00
CITY OF UKIAH
300 SEMINARY AVENUE
UKIAH, CA 95482-5400
(707) 463-6217 (City Clerk's Office)
BID OPENING FOR:
DATE: 5~26~2000
TIME: 2:00 P.M.
IN-CAR VIDEO SYSTEMS FOR PATROL CARS
COMPANY
AMOUNT
.
LC ACTION POLICE SUPPLY
1088 NORTH FIRST STREET
SAN JOSE, CA 95112-4922
NO BID
.
TUXALL UNIFORM & EQUIPMENT CO.
1795 EAST 66TM AVENUE
DENVER, CO 80229
NO BID
.
GALLS INC.
2680 PALUMBO DRIVE
LEXINGTON, KY 40509
.
MOBILE VISION INC.
90 FANNY ROAD
BOONTON, NJ 07005
o
,
VIDEO SYSTEMS PLUS
3723 E. 29TM STREET
BRYAN, TX 77802-3902
ALL STATE POLICE EQUIPMENT
P. O. BOX 4O
CLAREMONT, CA 91711
.
SKAGGS COMPANIES, INC.
3828 SOUTH MAIN
SALT LAKE CITY, UT 84115
MASTERSON COMMUNICATIONS, INC.
2081 WELLMAR DRIVE
UKIAH, CA 95482
Marie Ulvila, City Clerk
bids:PDviceo
6d
]~tcm No.
Date: June 21,2000
AGENDA SUMMARY REPORT
SUBJECT: Authorize Mayor to execute contract for the disposal of transformers and
miscellaneous contaminated items to Transformer Disposal Specialist, Inc., in the
amount of $7,067.00.
REPORT: Requests for Quotation (RFQ) for the pick up, transportation and disposal of
nineteen (19) transformers, seventeen (17) 55-gallon drums containing
oil~water~rags~etc., one (1) fuse device in pieces, and various pumps, tarps, cable, and
miscellaneous spill clean up supplies were mailed to six (6) companies. Bids were
received from four (4) companies; one (1) declined to bid and one (1)is no longer in
business. Low bidder is Transformer Disposal Specialist Inc. (T.D.S.), with a bid of
$7,067.00. Two referral calls were made to other utilities and confirmed above
satisfactory service was received from their dealings with T. D. S. Inc. This activity is
budgeted in account 800.3642.250.
RECOMMENDED ACTION: Authorize Mayor to execute contract for the disposal of
transformers and miscellaneous contaminated items to Transformer Disposal
Specialist, Inc., in the amount of $7,067.00.
ALTERNATIVE COUNCIL POLICY OPTIONS: Reject all bids and direct staff to re-advertise
and re-solicit bids.
Citizen Advised: N/A
Requested by: Stan Bartolomei, Electric Operations Supervisor
Prepared by: Jill Scott
Coordinated with: Candace Horsley, City Manager
Attachment: Bid Tabulation
APPROVED:~.__(~_, ~r~'~~..~
Candace Horsley, Cit~Manager
BID TABULATION
Transformer Disposal- May 26, 2000
COMPANY
Safety -Kleen
Solomon Corporation
Trans-Cycle Industries, Inc.
Transformer Disposal Specialists Inc.
BID AMOUNT
$16,395.00
$10,033.00
$ 8,995.00
$ 7,067.00
6e
ITEM NO.
DATE: June 21, 2000
AGENDA SUMMARY REPORT
SUBJECT: NOTIFICATION TO COUNCIL REGARDING THE AWARD OF BID FOR THm
EMERGENCY REPAIR OF THE DIGGER DERRICK LINE TRUCK TO PACIFIC
UTILITY EQUIPMENT COMPANY FOR THE ESTIMATED AMOUNT OF $37,599.00.
The Electric Department requested quotations from Pacific Utility
Equipment Company and Altec Industries, Inc. for the emergency
repair of the 1987 Digger Derrick line truck due to the failure of
a rotation gear box at the turret base.
Pacific Utility Equipment Company was the only one to respond to
the request. It has been recommended to do a complete overhaul at
a cost of $37,599.00 which will bring the truck up to current OSHA
standards and extend the life of the Digger Derrick ten years. The
cost of a new vehicle would be approximately $140,000.00.
The Electric Department decided to make the necessary repairs and
issued a purchase order to Pacific Utility Equipment Company for
$37,599.00. Sufficient funds are available in account number
800.3765.303.000.
RECOMMENDED ACTION: Receive and file report regarding the award of
bid to Pacific Utility Equipment Company in the amount of
$37,599.00.
ALTERNATIVE COUNCIL OPTIONS: N/A
Citizen Advised' N/A ~/~
Requested by: Stan Bartolomei, Electric Supervisor
Prepared by: Judy Jenney, Purchasing & Warehouse Assistant
Coordinated with: Candace Horsley, City Manager
Ca~ce Horsley, C~ty Manager
6f
ITEM NO.
AGENDA
SUMMARY
DATE: June 21, 2000
REPORT
SUBJECT: AUTHORIZE EXECUTION OF AMENDMENT NO. 2 TO THE SERVICE
AGREEMENT FOR FUEL CARD LOCK SERVICES FOR RINO PACIFIC, INC.
SUMMARY: On July 1, 1998, the City Council awarded a contract to Rino Pacific, Inc. for
purchase of fuel for City vehicles through a fuel card lock system. The City has been pleased
with Rino Pacific's performance under this agreement. The terms of the original agreement,
amended by Amendment No. 1, provide for compensation through June 30, 2000. This
second amendment would extend the agreement for a period of two years at the same terms
identified in the original agreement and amendment number one. Funds have been
requested in the FY 2000/2001 budget to cover expenses for all City Departments utilizing
Rino Pacific for fuel services. Joy Williams, Rino Pacific, has verbally agreed to the terms of
the second amendment. Due to the timing of the preparation of this report, a signed copy of
the amendment is not available.
RECOMMENDED ACTION: Authorize execution of Amendment No. 2 to the Agreement for
Fuel Card Lock Services for Rino Pacific, Inc.
ALTERNATIVE COUNCIL POLICY OPTIONS: Not authorize execution of the Amendment
and direct staff to seek proposals from other fuel vendors for fuel purchase.
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
Rick Seanor, Deputy Director of Public Works
Rick Seanor, Deputy Director of Public Works
Candace Horsley, City Manager
1. Amendment No. 2 to the Agreement
2. Amendment No. 1
3. Service Agreement for Fuel Card Lock Services
APPROVED: t-(~'
Candace Horsley, Cit~Manager
R JO: AGRinoPacAmend2
CITY OF UKIAH
AMENDMENT NO. 2
TO SERVICE AGREEMENT FOR FUEL CARD LOCK SERVICES
DATED JULY 1, 1998
TERMS AND CONDITIONS
All terms and conditions of the Service Agreement for Fuel Card Lock Services dated July
1, 1998 and Amendment No. 1 dated May 6, 1999 shall remain in force and effect through
June 30, 2002, except as modified by this second amendment.
AUTHORIZATION
Upon execution of this amendment, service provider is authorized to provide the service
described under "Scope-of-Services" of the original service agreement, in accordance with
the revised Scope of Services and Basis for Compensation identified in Amendment
No. 1.
RINO PACIFIC, INC.
CITY OF UKIAH
BY: BY:
PRINT NAME:
TITLE:
CANDACE HORSLEY
City Manager
DATE DATE
Amendment No. 2 to Service Agreement for
Fuel Card Lock Services
CITY OF UKIAFI
AMENDMENT NO. 1
TO SERVICE AGREEMENT FOR FUEL CARD LOCK SERVICES
DATED JULY 1, 1998
TERMS AND CONDITIONS
All terms and conditions of the Service Agreement for Fuel Card Lock Services Dated July
1, 1998 shall remain in force and effect through June 30, 2000, except as modified by this
amendment.
AUTHORIZATION
Upon execution of this amendment, service provider is authorized to provide the service
described under "Scope-of-Services" of the original service agreement, in accordance with
the revised Scope of Services and Basis for Compensation.
2.1
Service Provider shall distribute vehicle cards and driver cards to City for use in
ptirchasing fuel through a card lock system located on Service Provider's premises.
Card lock system is defined as a fueling facility which dispenses and records
quantities of unleaded plus, regular unleaded, and diesel fuel activated
automatically upon use of properly encoded optical cards. Service Provider shall
provide accurate billings which include the following items as a minimum: vehicle
number, employee identification number, date and time of fueling, quantity and type
of fuel purchased, odometer reading (entered in by driver) of vehicle fueled, and
vehicle fund/department number. The Service Provider shall provide a billing format
suitable to the City. in order to verify fuel prices, Service Provider shall provide a
price verification report with a breakdown of costs whenever requested by the City.
4.1
Basis for Compensation. For the performance of the services of this Agreement,
Service Provider shall be compensated at the discounted street price per gallon per
respective fuel less taxes and/or fees which are not applicable to the City. The City
shall only be liable to pay applicable taxes and fees. In order to verify fuel prices,
Service Provider shall provide a price verification repeal with a breakdown of costs
whenever requested by the City. Throughout the life of this Agreement the Service
Provider shall honor a discount of $0.07 per gallon for' unleaded plus gasoline (89
octane); $0.07 per gallon for unleaded regular gasoline (87 octane); and $0.07 per
gallon for clear diesel fuel.
Amefldmenl No I to Service Agreement for
Fuel Card Lock Services
Page 1 el 2
J
RINO PACIFIC, INC.
CITY OF UKIAH
BY:
/ ,/,., ._~ ~ CANDACE HORSLEY
PRINT NAME:/'~"~'J~,0 y/ /,/2,o ~ ,5'~ City Manager
DATE DATE
Amendment No. 1 to Service Agreement for
Fuel Card Lock Services
Page 2 of 2
#zP. 2._
SERVICE AGREEMENT FOR
FUEL CARD LOCK SERVICES
This Agreement, made and entered into this ./~day of ~
,
1998, by and between CITY OF UKIAH, CALIFORNIA, hereinafter referr~o~ to a~[7~ity''
and RINO PACIFIC, INC., a California Corporation, hereinafter referred [o as "Service
Provider".
RECITALS
This Agreement is predicated on the following facts:
a.
City requires services which will involve the purchase of fuel through a card
lock system.
b.
Service Provider represents that it has the qualifications, skills, experience, and
facilities to provide these services, and is willing to provide them according to
the terms of this Agreement.
C.
City and Service Provider agree upon the Scope-of-Services as specified in
Paragraph 2.0 of this Agreement.
1.0
1.1
2.0
2.1
TERMS OF SERVICE AGREEMENT
DESCRIPTION OF SERVICE
The fuel vendor shall sell fuel products to City through a fuel card lock system
beginning with the execution date of this Agreement and ending June 30,
2000.
SCOPE-OF-SERVICES
Service Provider shall distribute vehicle cards and driver cards to City for use
in purchasing fuel through a card lock system located on Service Provider's
premises. Card lock system is defined as a fueling facility which dispenses and
records quantities of unleaded plus, regular unleaded, and diesel fuel activated
automatically upon use of properly encoded optical cards. Service Provider
shall provide accurate billings which include the following items as a minimum:
Agreement for Fuel Card Lock
Page I of 5
2,2.
3.0
3.1
4.0
4.1
4.2
4.3
vehicle number, employee identification number, date and time of fueling,
quantity and type of fuel purchased, odometer reading (entered in by driver) of
vehicle fueled, and vehicle fund/department number. The Service Provider shall
provide a billing format suitable to the City. In order to verify fuel prices,
Service Provider shall submit copies of their Inter-Company Transfer Prices
(based on Computer Petroleum Corporation and Oil Price Information Service
pricing) which indicates the base fuel price used to compute fuel rates during
the billing period.
Additional Services. Additional services, if any, shall only proceed upon written
agreement between City and Service Provider. The written Agreement shall be
in the form of an Amendment to this Agreement.
CONDUCT OF WORK
Hours of Service. Service Provider shall provide 24-hour access to fuel card
lock facilities.
COMPENSATION FOR SERVICES
Basis for Compensation. For the performance of the services of this
Agreement, Service Provider shall be compensated at the discounted street
price per gallon per respective fuel less taxes and/or fees which are not
applicable to the City. The City shall only be liable to pay applicable taxes and
fees. Service Provider shall submit copies of the Inter-Company Transfer Prices
with each billing to enable the City to verify pricing. Throughout the life of this
Agreement the Service Provider shall honor a discount of $0.07 per gallon for
unleaded plus gasoline (89 octane); $0.07 per gallon for unleaded regular
gasoline (87 octane); and $0.07 per gallon for clear diesel fuel.
Changes. Should changes in compensation be required because of changes to
the Scope-of-Services of this Agreement, the parties shall agree in writing to
any changes in compensation. "Changes to the Scope-of-Work" means
different activities than those described in Paragraph 2.0 and not additional time
to complete those activities than the parties anticipate on the date they entered
this Agreement.
Sub-Service Provider Performance. The Service Provider shall not use sub-
service providers or other service firms to perform a portion of the work of this
Agreement without written authorization from the City.
Agreement for Fuel Card Lock
Page 2 of $
4.4
Terms of Payment. Payment to Service Provider for services and product
rendered in accordance with this contract shall be based upon submission of
semi-monthly invoices for the service satisfactorily performed and product
provided prior to the date of invoice less any amount already paid to Service
Provider, which amounts shall be due and payable upon receipt by City.
Invoices shall be accompanied by documentation in accordance with Section
2.0 herein. Payment shall be made to Service Provider within 10-15 days from
receipt of invoice. City may be held responsible to pay interest on any
delinquent payments for invoices that are over 30 days past due.
5.0 ASSURANCES OF SERVICE PROVIDER
5.1
Independent Contractor. Service Provider is an independent contractor and is
solely responsible for its acts or omissions. Service Provider (including its
agents, servants, and employees) is not City's agent, employee, or
representative for any purpose.
6.0 CONTRACT PROVISIONS
6.1
Governing Law. Service Provider shall comply with the laws and regulations of
the United States, the State of California, and all local governments having
jurisdiction over this Agreement. The interpretation and enforcement of this
Agreement shall be governed by California law and any action arising under or
in connection with this Agreement must be filed in a Court of competent
jurisdiction in Mendocino County.
6.2
Entire Agreement. This Agreement plus its Attachment(s) and executed
Amendments, and the terms and conditions outlined on the Rino Pacific
Application set forth the entire understanding between the parties.
6.3
Severabilit¥. If any term of this Agreement is held invalid by a court of
competent jurisdiction, the remainder of this Agreement shall remain in effect.
6.4 Modification. No modification of this Agreement is valid unless made with the
agreement of both parties in writing.
6.5
Assignment. Service Provider's services are considered unique and personal.
Service Provider shall not assign, transfer, or sub-contract its interest or
obligation under all or any portion of this Agreement without City's prior written
consent.
Agreement for Fuel Card Lock
Page 3 of 5
6.6
6.7
6.8
7.0
Waiver. No waiver of a breach of any covenant, term, or condition of this
Agreement shall be a waiver of any other or subsequent breach of the same or
any other covenant, term or condition or a waiver of the covenant, term or
condition itself.
Termination. This Agreement may only be terminated by either party: 1) for
breach of the Agreement; 2) because funds are no longer available to pay
Service Provider for services provided under this Agreement; or 3) City has
abandoned and does not wish to continue with the service for which Service
Provider was retained. A party shall notify the other party of any alleged
breach of the Agreement and of the action required to cure the breach. If the
non-breaching fails to cure the breach within the time specified in the notice,
the contract shall be terminated as of that time. If terminated for lack of funds
or abandonment of the project, the contract shall terminate on the date notice
of termination is given to Service Provider. City shall pay the Service Provider
only for services performed and expenses incurred as of the effective
termination date. Service Provider shall be entitled to receive just and equitable
compensation for any service and product provided hereunder, subject to off-
set for any direct or consequential damages City may incur as a result of
Service Provider's breach of contract.
Duplicate Originals. This Agreement may be executed in duplicate originals,
each bearing the original signature of the parties. When so signed, each such
document shall be admissible in administrative or judicial proceedings as proof
of the terms of the Agreement between the parties.
NOTICES
Any notice given under this Agreement shall be in writing and deemed given
when personally delivered or deposited in the mail (certified or registered)
addressed to the parties as follows:
CITY OF UKIAH
DEPARTMENT OF PUBLIC WORKS
300 SEMINARY AVENUE
UKIAH, CALIFORNIA 95482
RINO PACIFIC, INC.
POST OFFICE BOX 328
WILSONVILLE, OREGON 97070-0328
Agreement for Fuel Card Lock
Page 4 of ~5
8.0 SIGNATURES
IN WITNESS WHEREOF, the parties have executed this Agreement the day and
year first above written'
CITY OF UKIAH
CANDACE HORSLEY
CITY MANAGER
RINO PACIFIC, INC.
PRI~'T NAME:
ATTEST:
MARIE ULVILA
CITY CLERK
APPROVED AS TO FORM:
DAVID '
RINOPAC
Agrecmcn! for Fuel Card Lock
Page 5 of 5
AGENDA
SUMMARY
.6g
ITEM NO.
DATE: June 21, 2000
REPORT
SUBJECT:
AUTHORIZE SOLE SOURCE PROCUREMENT BY EXECUTION OF
AMENDMENT NO. 3 TO THE AGREEMENT WITH EBA
WASTECHNOLOGIES IN AN AMOUNT NOT TO EXCEED $25,744 FOR
SUBSURFACE INVESTIGATION AT THE CORPORATION YARD
SUMMARY: In December 1998, staff submitted a Soil and Groundwater Investigation report
prepared by EBA Wastechnologies to the North Coast Regional Water Quality Control Board
(NCRWQCB). By letter dated May 3, 2000, (Attachment 2) the NCRWQCB directed the City
to submit a work plan by July 17, 2000 which delineates the vertical and horizontal extent of
soil and groundwater contamination at the Corporation Yard. Due to the short time frame
required to prepare and submit the requested work plan, staff obtained a cost estimate for
completion of the work plan and related subsurface investigation from EBA Wastechnologies
(Attachment 3). EBA has confirmed that they will complete the required work plan by July 17,
2000. The City has been pleased with EBA's performance on past work related to the
subsurface investigation. EBA has proven that they can complete required work products
within established deadlines.
RECOMMENDED ACTION: Authorize Sole Source Procurement by Execution of Amendment
No. 3 to the Agreement with EBA Wastechnologies in an Amount Not to Exceed $25,744 for
Subsurface Investigation at the Corporation Yard.
ALTERNATIVE COUNCIL POLICY OPTIONS: Direct staff to seek proposals from other
firms and report back to Council.
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
Rick Seanor, Deputy Director of Public Works Z~).J ~
Rick Seanor, Deputy Director of Public Works
Candace Horsley, City Manager
1. Amendment No. 3 to the Agreement
2. Letter from NCRWQCB
3. Cost Estimates from EBA Wastechnologies
4. Agreement for Professional Consulting Services
5. Fiscal Year 1999 / 2000 budget sheet
Candace Horsley, City I~nager
RJS: AgebaProfSvcs3
CITY OF UKIAH
AMENDMENT NO. 3
TO AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
DATED AUGUST 26, 1998
TERMS AND CONDITIONS
All terms and conditions of the Agreement for Professional Consulting Services dated
August 26, 1998; the Amendment dated December 15, 1998; and the Second Amendment
dated May 5, 1999 shall remain in force and effect except as modified by this third
amendment.
AUTHORIZATION
Upon execution of this amendment, service provider is authorized to provide the service
described under the Scope of Additional Work identified in this Amendment No. 3.
SCOPE OF ADDITIONAL WORK
Work authorized by this amendment shall include that work described in the May 3, 2000
letter from the California Regional Water Quality Control Board and described in the letters
from EBA Wastechnologies dated May 24, 2000 and June 2, 2000. Copies of said letters
are included in this third amendment.
COMPENSATION
Compensation for the performance of the additional work shall be made on a time and
expense basis at Consultant's customary fees. Expenses shall not exceed a maximum
total cost of $25,743.60.
EBA WASTECHNOLOGIES
CITY OF UKIAH
BY: BY:
PRINT NAME:
TITLE:
CANDACE HORSLEY
City Manager
DATE DATE
Amendment No. 3 to Agreement for
Professional Consulting Services
Winston H. Hickox
Secretary for
Environmental
Protection
California Regional Water Quality Control Board
North Coast Region
William A. Hoy, Chairman
Intemet Address: http://www.swrcb.ca, gov/-rwqcbl/
5550 Skylane Boulevard, Suite A, Santa Rosa, Califomia 95403
Phone (707) 576-2220 FAX (707) 523-0135
Gray Davis
Governor
May 3, 2000
Rick Kennedy
City of Ukiah
Department of Public Works
300 Seminary Drive
Ukiah, CA 95482
CITY OF UKIAH
DEPT. OF PUBLIC WORKS
Dear Mr. Kennedy:
Subject: Ukiah, City Corporation Yard, 1320 Airport Road, Ukiah, California
Case No. 1TMC201
The "Soil and Groundwater Investigation" report prepared by EBA Wastechnologies dated
November 30, 1998, and the files for the subjected site were reviewed by the North Coast
Regional Water Quality Control Board (NCRWQCB) staff. The NCRWQCB staff concurs with
EBA Wastechnologies recommendation to further delineate the vertical and horizontal extent of
soil and groundwater contamination at the site. A work plan signed by a California Registered
Geologist or Professional Civil Engineer that describes the proposed investigation should be
submitted to this office by July 17, 2000. The work plan should include a complete
characterization of the stockpiled soil removed during the excavation in July of 1997.
I look forward to working with you on this project and I am available to meet with you to discuss
any related problem. If you wish to set up an appointment or if you have any questions please
feel free to call me at (707) 576-2220.
Sincerely,
Jennifer Caughey "
Intern Environmental Specialist
JAC:tmk\diw-citycorpyard.doc
cc:
Wayne Briley, Mendocino County Health Department, 501 Low Gap Road, Room 1326,
Ukiah, CA 95482
Mrs. Christine Scheib, EBA Wastechnologies, 825 Sonoma Avenue, Santa Rosa, CA 95404
California Environmental Protection Agency
Recycled Paper
WAST£ HNO OGI£S
May 24, 2000
CITY OF UKIAH
DEPT. OF PUBLIC WORKS
Mr. Rick Seanor
City of Ukiah Department of Public Works
300 Seminary Drive
Ukiah, CA 95482
RE:
COST ESTIMATE FOR SUBSURFACE INVESTIGATION
City of Ukiah Corporation Yard- 1320 Airport Road, Ukiah, California
EBA Job No. 98-621
Dear Mr. Seanor:
EBA Wastechnologies (EBA) is pleased to present this cost estimate for a subsurface investiga-
tion at the above mentioned site. The scope of work for this cost estimate includes preparation of
a subsurface investigation work plan, installation of three new monitoring wells, the collection
and analysis of soil and groundwater samples, preparation of a report of findings, and the
implementation of a quarterly groundwater monitoring program for all on-site wells with
subsequent reports. Please note that drumming of soil cuttings and rinsate from monitoring well
installation is included in the price for the subcontractor. Disposal costs for the soil cuttings and
rinsate water will be determined upon receipt of laboratory analytical results.
This scope of work will be implemented upon review and approval of this cost estimate by the
City of Ukiah Department of Public Works. If you have any questions or comments about this
cost estimate, please feel free to contact this office at (707) 544-0784.
Sincerely,
EBA WASTECHNOLOGIES
EriN Phenix
Environmental Technician
EP/mc
Attachment
cc: Christine Scheib
\\UNX2\LDRIVE\cnv\ust\621 ukiah\WP cover leter.doc
825 Sonoma Avenue, Suite C Santa Rosa, CaLifornia 95404 (707) 544-0784
225 W. Hospitality Lane, Suite 200 San Bernardino, CA 92408 (909) 890-0432
www. ebawaste.com e-mail: info@ebawaste.com
FAX (707) 544-0866
FAX (909) 890-0422
AST£CHNO OGI£$
Engineers & Environmental Consultants
June, 2000
Mr. Rick Seanor
City of Ukiah Department of Public Works
300 Semina~, Drive
Ukiah, CA 95482
CITY OF UKIAH
DEPT. OF PUBLIC WORKS
COST ESTIMATE ADDENDUM FOR SUBSURFACE INWESTIGATION
Ci~ of Ukiah CorPoration Yard - 1'320 Airport Road, Ukiah, Caliiornia
EBA Job No. 98-621
Dear Mr. Seanor:
Please find enclosed an Addendum to the Cost Estimate for a subsurface investigation at the
Ukiah CiD' Corps Yard dated May 16, 2000. This Cost Estimate Addendum reflects the
additional expense of collecting soil samples from a soil stockpile generated by an Underground
Storage Tank (UST) excavation in 1997. This additional scope of work was directed by the
California Regional Water Quali .ty Control Board in a letter dated April 28. 2000.
Soil samples will be taken from/'our representative locations in the soil stockpile. Samples will
be caped, labeled and submi~ed to a California State Certified Laboratory. Once in the lab, the
four soil samples will be combined into one satnple which will be analyzed for Total Petroleum
Hydrocarbons (TPH) as gasoline, TPH as diesel, TPH as motor oil. the constituents benzene.
toluene, ethylbenzene, and xylenes (BTEX), Fuel Oxygenates, Chlorinated Solvents, and CAM 5
Metals.
Please note that this cost estimate represents only the above-mentioned scope of work and is in
addition to the cost estimate submitted for the Subsurface Investigation.
EBA appreciates the opportunity to be of service to you. Please call (707) 544-0784 if you have
an5' questions or concerns.
Sincerely,
EBA Wastechnologies
Erik Phenix
Environmental Technician
Enclosure
\\UNX2\LDRIVE\env\ust\621 ukiah\cost est add cove~.doc
825 Sonoma Avenue, Suite C Santa Rosa, California 95404 (707) 544-0784
225 W. Hospitality Lane, Suite 200 San Bernardino, CA92408 (909) 890-0432
www. ebawaste.com e-mail: info@ebawaste.com
FAX (707) 544-0866
FAX (909) 890-0422
AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES
This Agreement, made and entered into this ~ day of ~
1998,
by
,
and between CITY OF UKIAH, CALIFORNIA, hereinafter referred'" "t~ as "City" and EBA
WASTECHNOLOGIES (EBA), a California Corporation, hereinafter referred to as "Consultant".
RECITALS
This Agreement is predicated on the following facts:
ao
City requires consulting services related to the implementation of the approved and amended work
plan for soil and groundwater investigation at the City Corporation Yard.
b.
Consultant represents that it has the qualifications, skills, and experience to provide these
services, and is willing to provide them according to the terms of this Agreement.
City and Consultant agree upon the Scope-of-Work and Work Schedule attached hereto as
Attachment "A", describing contract provisions for the project and setting forth the completion
dates for the various services to be provided pursuant to this Agreement.
1.0
1.1
2.0
2.1
2.2.
3.0
3.1
TERMS OF AGREEMENT
DESCRIPTION OF PROJECT
The Project is described in detail in the attached Scope-of-Work (Attachment
sCOPE OF SERVICES
As set forth in Attachment
Additional Services. Additional services, if any, shall only proceed upon written agreement
between City and Consultant. The written Agreement shall be in the form of an Amendment to
this Agreement.
CONDUCT OF WORK
Time of Completion. Consultant shall commence performance of services as required by the
Scope-of-Work upon receipt of a Notice to Proceed from City and shall complete such services
in accordance with the time requirements set forth in the Work Schedule. Consultant shall
complete the work to the City's reasonable satisfaction, even if contract disputes arise or
Consultant contends its is entitled to further compensation.
AGREEMENT FOR PROFESSIONAL CONSULTING SERVICI~
PAGE I OF 7
£H M E J'F
4.0
4.1
4.2
4.3
4.4
5.0
5.1
5.2
6.0
6.1
COMPENSATION FOR SERVICES
Basis for Compensation. For the performance of the professional services of this Agreement,
Consultant shall be compensated on a time and expense basis not to exceed a guaranteed
maximum dollar amount of $12,500. Labor charges shall be based upon Consultant's standard
hourly billing rates for the various classifications of personnel in effect as of the date of this
contract which shall include all indirect costs and expenses of every kind or nature, except direct
expenses. The direct expenses and the fees to be charged for same shall be customary and
reasonable.
Changes. Any changes in compensation warranted by changes in the Scope-of-Work of this
Agreement, must be agreed upon in writing by both parties to the Agreement. "Changes to the
Scope-of-Work" means different activities than those described in Attachment "A" and not
additional time to complete those activities than the parties anticipate on the date they entered this
Agreement.
Sub-contractor Payment. The use of sub-consultants or other services to perform a portion of
the work of this Agreement shall be approved by City prior to commencement of work. The cost
of sub-consultants shall be included within the $12,500 provided in Section 4.1.
Terms of Payment. Payment to Consultant for services rendered in accordance with this contract
shall be based upon submission of monthly invoices for the work satisfactorily performed prior
to the date of invoice less any amount already paid to consultant, which amounts shall be due and
payable upon 30 days after receipt by City. Invoices shall be accompanied by documentation
sufficient to enable City to determine progress made.
ASSURANCES OF CONSULTANT
Independent Contractor. Consultant is an independent contractor and is solely responsible for its
acts or omissions. Consultant (including its agents, servants, and employees) is not City's agent,
employee, or representative for any purpose.
Conflict of Interest. Consultant understands that its professional responsibility is solely to City.
Consultant has no interest and will not acquire any direct or indirect interest that would conflict
with its performance of the Agreement. Consultant shall not in the performance of this
Agreement employ a person having such an interest.
INDEMNIFICATION
Insurance Liability. Without limiting Consultant's obligations arising under Paragraph 6.2
Consultant shall not begin work under this Agreement until it procures and maintains for the
duration of this Agreement insurance against claims for injuries to persons or damages to
property, which may arise from or in connection with its performance under this Agreement.
AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
PAGE 2 OF 7
A,
Bo
Co
Minimum Scope of Insurance
Coverage shall be at least as broad as:
Insurance Services Office ('ISO) Commercial General Liability Coverage Form
No. CG 00 01 11 85.
.
ISO Form No. CA 0001 (Ed. 1/78) covering Automobile Liability, Code 1 'any
auto' or Code 8, 9 if no owned autos and endorsement CA 0025.
.
Worker's Compensation Insurance as required by the Labor Code of the State of
California and Employers Liability Insurance.
.
Professional Liability Insurance covering damages which may result from errors,
omissions, or acts of professional negligence by Consultant.
Minimum Limits of Insurance
Consultant shall maintain limits no less than:
General Liability: $1,000,000 combined single limit per occurrence for bodily
injury, personal injury and property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, the general
aggregate limit shall apply separately to the work performed under this
Agreement, or the aggregate limit shall be twice the prescribed per occurrence
limit.
.
Automobile Liability: $1,000,000 combined single limit per accident for bodily
injury and property damage.
o
Worker's Compensation and Employers Liabili~: Worker's compensation limits
as required by the Labor Code of the State of California and Employers Liability
limits of $1,000,000 per accident.
.
Professional Liabilit3,_ Coverage: $500,000 combined single limit per occurrence.
If the coverage is an aggregate limit, the aggregate limit must apply separately
to the work performed under this Agreement, or the aggregate limit shall be
twice the per occurrence limit.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City.
At the option of the City, either the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects to the City, its officers, officials, employees and
volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
AGREEMENT FOR PROFE,SSIONAL CONSULTING SERVICES
PAGE 3 OF 7
D.
Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
1. General Liability and Automobile Liability Coverages
ao
The City, it officers, officials, employees and volunteers are to be
covered as additional insureds as respects; liability arising out of
activities performed by or on behalf of the Consultant, products and
completed operations of the Consultant, premises owned, occupied or
used by the Consultant, or automobiles owned, hired or borrowed by the
Consultant. The coverage shall contain no special limitations on the
scope-of-protection afforded to the City, its officers, officials, employees
or volunteers.
bo
The Consultant's insurance coverage shall be primary insurance as
respects to the City, its officers, officials, employees and volunteers.
Any insurance or self-insurance maintained by the City, its officers,
officials, employees or volunteers shall be excess of the Consultant's
insurance and shall not contribute with it.
C.
Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City, its officers, officials, employees or
volunteers.
d.
The Consultant's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits
of the insurer's liability.
2. Worker's Compensation and Employers Liability Coverage
The insurer shall agree to waive all rights of subrogation against the City, its
officers, officials, employees and volunteers for losses arising from Consultant's
performance of the work, pursuant to this Agreement.
3. Professional Liability Coverage
If written on a claims-made basis, the retro, activity date shall be the effective date
of this Agreement. The policy period shall extend from June 1, 1998 to
June 1, 1999.
4. All Coverages
Each Insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled by either party, reduced in
coverage or in limits except after thirty 00) days prior written notice by certified
mail, return receipt requested, has been given to the City.
AGREEMEN'r FOR PRO~IONAL CONSULTING SERVICES
PAGE 4 OF 7
6.2
7.0
E. Acceptability of Insurers
Except for professional liability insurance, insurance is to be placed with insurers with
a Best's rating of no less than A:VII and who are admitted insurers in the State of
California. Professional liability insurance may be underwritten by Lloyds of London.
F. Verification of Coverage
Consultant shall furnish the City with certificates of Insurance and with original
Endorsements effecting coverage required by this Agreement. The Certificates and
Endorsements for each insurance policy are to be signed by a person authorized by that
insurer to bind coverage on its behalf. The Certificates and Endorsements are to be on
forms provided or approved by the City. Where by statute, the City's Workers'
Compensation - related forms cannot be used, equivalent forms approved by the
Insurance Commissioner are to be substituted. All Certificates and Endorsements are to
be received and approved by the City before Consultant begins the work of this
Agreement. The City reserves the right to require complete, certified copies of all
required insurance policies, at any time. If Consultant fails to provide the coverages
required herein, the City shall have the right, but not the obligation, to purchase any or
all of them. In that event, the cost of insurance becomes part of the compensation due
the contractor after notice to Consultant that City has paid the premium.
G. Subcontractors
If Consultant uses subcontractors or sub-consultants, it shall cover them under its polices
or require them to separately comply with the insurance requirements set forth in this
Paragraph 6.1.
Indemnification. Notwithstanding the foregoing insurance requirements, and in addition thereto,
Consultant shall indemnify, defend and hold harmless City officers, agents and employees from
and against any and all clai~% demands, liability, costs and expenses, including court costs and
counsel fees, arising out of the injury to or death of any person or loss of or physical damage to
any property resulting from any negligent or wrongful act or omission committed by Consultant
or it's officers, agents or employees while performing services under this Agreement.
Consultant's liability for professional negligence shall be limited to $1,000,000.
As to events which occur during Consultant's performance of this Agreement, City shall hold
Consultant harmless from and defend Consultant agains.t all claims, liability, damage, or loss
arising out of any injury or death of any person or damage to or destruction of property
attributable to the negligent or willfully wrongful act or omission of City or its officers and
employees, where the injury, death or damage is caused by the sole and active negligence or
willful misconduct of City or City's employees.
CONTRACT PROVISIONS
AGREEMENT FOR PROFF_.SSION~ CONSULTING ~ERVICF_.S
PAGE .5 OF 7
7.1
7.2
7.3
7.4
7.5
7.6
7.7
7.8
7.9
Ownership of Work. All documents furnished to Consultant by City and all reports and
supportive data prepared by Consultant under this Agreement are City's property and shall be
given to City at the completion of Consultant's services at no additional cost to City.
Deliverables are identified in the Scope-of-Work, Attachment ~A'.
Governing Law. Consultant shall comply with the laws and regulations of the United States, the
State of California, and all local governments having jurisdiction over this Agreement. The
interpretation and enforcement of this Agreement shall be governed by California law and any
action arising under or in connection with this Agreement must be filed in a Court of competent
jurisdiction in Mendocino County.
Entire Agreement. This A. greement plus its Attachment(s) and executed Amendments set forth
the entire understanding between the parties.
Severability. If any term of this Agreement is held invalid by a court of competent jurisdiction,
the remainder of this Agreement shall remain in effect.
Modification. No modification of this Agreement is valid unless made with the agreement of
both parties in writing.
Assignment. Consultant's services are considered unique and personal. Consultant shall not
assign, transfer, or sub-contract its interest or obligation under all or any portion of this
Agreement without City's prior written consent.
Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement shall be
a waiver of any other or subsequent breach of the same or any other covenant, term or condition
or a waiver of the covenant, term or condition itself.
Litigation. In the event a suit or action is instituted to enforce any of the terms and conditions
of this Agreement, the prevailing party shall collect, in addition to the costs and disbursements
allowed by statutes, such sums as the court may adjudge reasonable as attorney's fees in such suit
or action in both trial and appellate courts.
Termination. This Agreement may only be terminated by either party: 1) for breach of the
Agreement; 2) because funds are no longer available to pay Consultant for services provided
under this Agreement; or 3) City has abandoned and does not wish to complete the project for
which Consultant was retained. A party shall notify the other party of any alleged breach of the
Agreement and of the action required.to cure the breach.. If the non-breaching fails to cure the
breach within the time specified in the notice, the contract shall be terminated as of that time.
If terminated for lack of funds or abandonment of the project, the contract shall terminate on the
date notice of termination is given to Consultant. City shall pay the Consultant only for services
performed and expenses incurred as of the effective termination date. In such event, as a
condition to payment, Consultant shall provide to City all finished or unfinished documents, data,
studies, surveys, drawings, maps, models, photographs and reports prepared by the Consultant
under this Agreement. Consultant shall be entitled to receive just and equitable compensation for
any work satisfactorily completed hereunder, subject to off-set for any direct or consequential
damages City may incur as a result of Consultant's breach of contract.
AGREEMENT FOR PRO~IONAL CONSULTING SERVICES
PAGE 6 OF 7
7.10
8.0
Duplicate Original~. This Agreement may be executed in duplicate originals, each bearing the
original signature of the parties. When so signed, ca'ch such document shall be admissible in
administrative or judicial proceedings az proof of the terms of the Agreement between the parties.
Any notice given under this Agreement shall be in writing and deemed given when personally
delivered or deposited in the mail (certified or registered) addressed to the parties az follows:
CITY OF UKIAH
DEPARTMENT OF PUBLIC WORKS
300 SEMINARY AVENUE
UKIAH, CALIFORNIA 95482
EBA WASTECHNOLOGIES
825 SONOMA AVENUE, SUITE C
SANTA ROSA, CALIFORNIA 95404
9.0 SIGNATURES
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above
written:
CITY OF UKIAH
CANDACE HORSLEY )
CITY MANAGER
EBA WASTECHNOLOGIF. S
BY:
DUANE BUTLER, PE
PRESIDENT
ATTEST
MARIE ULVILA
CITY CLERK
APPROVED AS TO FORM:
CITY ATI'ORNEY, crl~ OF-UKIAH
DAVii~__ R~j~PORY , / /' ' V
ATI'ACHMENTS
A. Scope-of-Work and Work Schedule
ATTACHMENT "A"
SCOPE-OF-SERVICES
AND
WORK SCHEDULE
A. Scope-of-Services
Consultant agrees to provide those services needed to complete, to the reasonable satisfaction
of the Regional Water Quality Control Board, North Coast Region, the work described in the
approved and amended Work Plan for soil and groundwater investigation at the City of Ukiah
Corporation Yard dated April 1998, including those items of work outlined in the letter from
the California Regional Water Quality Control Board, North Coast Region, dated June 18, 1998,
attached hereto. In general terms, this work involves the installation and sampling of six (6)
borings, converting two (2) borings into 2" monitoring wells to a depth of 20 feet, development
of the two (2) new monitoring wells, sampling of the two (2) existing, two (2) monitoring wells,
and preparation of a Report of Findings with conclusions and recommendations for additional
work. Consultant has provided a Revised Cost Estimate Summary dated July 10, 1998, which
provides estimated costs for the various phases of work required by the approved and amended
Work Plan. The estimated cost of each item of work is provided for reference only and the
itemized costs are not cost maximums for the indicated work item. Consultant shall be
compensated in accordance with Paragraph 4.0 of the Agreement.
B. Work Schedule
The Consultant shall complete the work of the Agreement to facilitate a submittal of the Report
of Findings to the North Coast Regional Water Control Board no later than October 30, 1998.
A: 1 ~,AGREEM ENT.2
EBA
AGREEMENT FOR PROFESSIONAL CONSULTING SERVICE$
PAGE 8 OF 7
0 ~-'
0 0
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0
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0
ITEM NO. 8a
DATE: June 21,2000
AGENDA SUMMARY REPORT
SUBJECT:
PUBLIC HEARING TO DISCUSS THE FISCAL YEAR 2000/01
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG)
AND TO SOLICIT CITIZEN INPUT (Continued)
We received notification today that the consultant who will be working with the City on
CDBG matters, William Thomas, has been called out of town and will be gone on June
21. Since it is not necessary that this public hearing be conducted before the City
Council, he has requested that this item be continued to July 3, at 2:00 p.m., in
Conference Room 3 of the Ukiah Civic Center.
RECOMMENDED ACTION: Council continue public hearing to July 3, 2000, at 2:00
p.m. in Conference Room 3 of the Ukiah Civic Center.
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. N/A
Citizen Advised:
Public Hearing Notice Published June 11,2000
Requested by:
Prepared by:
Coordinated with:
Attachments:
William Thomas
Candace Horsley, City Manager
N/A
1. None.
APPROVED: ~
4~c...^S..H.~ - City~M
Candace Horsley, anager
ITEM NO. 9a
DATE: June 21,2000
AGENDA SUMMARY REPORT
SUBJECT:
ADOPTION OF RESOLUTION AMENDING RESOLUTION 2000-21
REGARDING PROCEDURES OF CONDUCT OF THE CITY COUNCIL
MEETINGS AND DISCUSSION OF PROCEDURES OF CONDUCT
The City Council directed staff to amend the Resolution regarding Procedures of
Conduct of the City Council meeting at the June 7, 2000 Council meeting. City Attorney
Dave Rapport prepared the amended Resolution and recommended changes in
addition to the Council's direction from the last meeting, which are discussed in the
attached memorandum. The City Attorney's recommendations are incorporated in the
attached resolution. In addition, the previously approved Procedures of Conduct are
attached for Council's review and discussion.
RECOMMENDED ACTION: City Council adopt Resolution Amending Resolution No.
2000-21 Regarding Procedures of Conduct of the City Council
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. Determine modifications to the Procedures of Conduct are not necessary at
this time and do not adopt Resolution.
Citizen Advised: N/A
Requested by:
Prepared by:
Coordinated with:
Attachments:
City Council
Candace Horsley, City Manager
David Rapport, City Attorney
1. Memo, dated June 15, 2000, from City Attorney David
Rapport
2. Draft Resolution
3. Procedures of Conduct adopted November 17, 1999
APPROVED:
Candace Horsley, ~ity~Manager
4/Can.ASRProc. 600
Law Offices Of
RAPPORT AND MARSTON
An Association of Sole Practitioners
405 W. Perkins Street
P.O. Box 488
Ukiah, California 95482
e-mail: drapport@pacbell.net
David J. Rapport
Lester J. Marston
Scott Johnson
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Honorable Mayor ~~'o~cil members
David J. Rappo~/~f/
June 15, 2000 "~
Revised minutes
(707) 462-6846
FAX 462-4235
Attached is a resolution revising Section 11 of the Procedures of Conduct for City Council Meetings.
Section 11 governs the preparation, revision and approval of the minutes of City Council Meetings.
I have added a new Section I to Section 1, entitled: Minutes/Request for Detail. I have renumbered all of
the following sections. Those are the only proposed changes to the rules as they currently read.
New Section I allows any Council member to request at a meeting that the City Clerk include in the draft
minutes of that meeting a verbatim transcript of any portion of the meeting. If so requested, the City Clerk
shall include the verbatim transcript as requested, unless the request is vetoed by a majority vote of the
Council.
The ability of the majority to override the request of an individual council member was not requested by
the Council at its last meeting. I have included it for the Council to consider. In my opinion the Council
should retain some ability to override unreasonable requests (for example, a Council member repeatedly
requesting verbatim transcripts of lengthy portions of the meetings).
the privilege of having an abstract of the statement of such Councilmember on any
subject under consideration by the Council entered in the minutes. If the Council
consents thereto, such statement shall be inserted in the minutes.
IV. Entry of Protests
Any Councilmember shall have the right to have the reasons for his dissent from, or
his protest against, any action of the Council entered in the minutes, and shall be
made in the following manner: "/would like the minutes to show that I am opposed
to this action for the following reasons:... ".
BE IT FURTHER RESOLVED that the amended version of Section 11 as
contained in this Resolution shall be replace Section 11 in the Procedures as it
read prior to the adoption of this Resolution.
PASSED AND ADOPTED this 21st day of June, 2000, by the following roll call
vote:
AYES'
NOES:
ABSENT:
ATTEST:
Jim Mastin, Mayor
Marie Ulvila, City Clerk
4:Res:CCProc.600
TABLE OF CONTENTS
SECTION 1. CITY COUNCIL MEETINGS .........................
I. Speciat Meetings/Time and Place/Notices ....................
II. Open to the PubUc/Exception ................................... iii ....................................... 1
II1. Executive Sessions/Disclosure of Information ........................ 1
SECTION 2. AGENDA ...........................
I. Preparation and Posting of Agendas.
I1. Order of Business ..................... ' ................................................................... 2
SECTION 3. COUNCIL CORRESPONDENCE ......................................................................2
I. Availability to the Public ............................
I1. Authority of the City Manager ..................... ' .................................. 2
SECTION 4. PRESIDING OFFICER ...........
I. Powers and Duties ..........
A. Participation ..........
eeeee®eee®eeeeeeeeeee®ee~eeeeeee
B. Signing of Documents ............................... ' ............................................ 3
C. Sworn Testimony ............................. ' ............................................. 3
D. Discussion of and Action on Agenda Items ......................... 3
SECTION 5. RULES OF ORDER ................
II1.
Rules of Order/Failure to Observe ......................
Rules of Decorum ......................... ' ................................................ 4
A. Councilmembers .......... ' ................................................................. 4
B. Employees ......... ' ......................................................................... 4
C Persons Addressing the Council ............................. ' ..........
D. Members of the Audience .................................... 4
E. Dangerous Instruments ...........
F. Rules of Decorum/Enforcement .... ' ......................................... 4
Rules of Debate .............................' ........................................................... 4
A. Getting the Floor ........ 5
B. Questioning the Staff ..............................
C. Interruptions ................ ' ......................................... 5
Points of Order ..................................................................................... 5
E. Points of Personal Privilege ...................................................................... 5
F. Privilege of Closing Debate ...................................................................... 5
G. Limitation of Debate
SECTION $. /AOTIONS ...................................................
el®®eeeeelleeeee®eeel®eeeleeeeeeeeeeeeeeeee 6
I. After ~ot~ons are ~ade and Hearings are Closed ..........................
SECTION 7. VOTING PROCEDURE .......
I. Seating Arrangement for Council .......
II. Question to be Stated ........ ' ............. 6
III. Registration of Votes ........... ' ..................................... 6
IV. Voting Procedures/D~squat~ficat~on. ' .................
V. Fa~ture to Vote ...................................... 6
VI. T~e Votes ................................... ' ................................................ 7
VII Changing Votes/Abstention ................................................................. 7
SECTION 8. RECONSIDE~TION OF ACTIONS .........
SECTION 9. PUBLIC HEARINGS ............................................................
I. Public Hearing Defined .......
II. Submission of Documents ........................ ' .................................................. 7
A. T~me and Submission ........... ' ...................................... 8
B. ~anner of Submission .......................... ' ............................... 8
III. Not~ce of Hearing ........................... ' ............................................... 8
IV. V~ew~ng the S~te ..................... 9
V. ~ak~ng a Decision .................................
VI. Conduct of Public Hearing .......................... ' ............................................ 9
A. Order of Proof ..... ' ..................................................... 9
B. T~me L~m~tat~ons ............. ' ................................................................... 9
C. ~anner ....... ' .............................................
' · ..................... 10
D. Spokesmen for Groups of Persons .............................. 10
SECTION 10. ORDINANCES/RESOLUTIONS/CONTaCTS
I. ~ot~ons ............................
II Resolutions ........................................ 10
III. Ordinances ..................................................
A. Reading of Ordinances ......... ' ................................................ 10
................................... 11
SECTION 11. ~INUTES/PREPA~TION AND CHANGES
............................. 11
I. ~nutes/Read~ng
II. ~nutes/Ent~ of Statements ................................... ' ..................... 11
III. Ent~ of Protests .......... ' ........................................ 11
......................... 11
SECTION 12. SPECIAL CO~I~EES .........
eeeeeeee/leeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee 12
4:S~:Tabte. Con (Rev. 10/~)
PROCEDURES OF CONDUCT
OF THE CITY COUNCIL MEETINGS
FOR THE CITY OF UKIAH
SECTION 1. CITY COUNCIL MEETINGS
The Ukiah City Council meets regularly on the first and third Wednesday of each month at
6:30 p.m. The Council meetings are held at the Civic Center Council Chambers, located at
300 Seminary Avenue. Consolidated Resolution Nos. 76-45, 77-44, 87-41,87-45, 90-53,
and 97-57 setting forth procedural guidelines for the conduct of City Council meetings, are
as follows:
I. Special Meetings/Time and Place/Notices
Special City Council meetings may be called at any time by the Mayor or by three (3)
members of the Council by directing the City Clerk to deliver or mail a written notice to
each Councilmember, to each local newspaper of general circulation, radio and television
station requesting a notice in writing. Such notice shall be delivered personally or by mail
at least twenty-four (24) hours before the time of such meeting, as set forth in the notice.
The call and notice shall set forth the time and place of the special meeting, which may be
at a time and place different from the regular meeting time or place, and the business to be
transacted. A copy of the notice shall also be posted at or near the door to the City Hall
Council Chambers. No other business shall be considered at such meetings. Such written
notice may be dispensed with as to any Councilmember who, at or prior to the time the
meeting convenes, files with the City Council a written waiver notice. Such waiver may be
given by telegram. The written notice may also be dispensed with as to any
Councilmember who is actually present at the meeting at the time it convenes.
II. Open to the Public/Exception
All regular and special meetings of the Council shall be public; provided, however, the
Council may hold closed sessions during a regular or special meeting, from which the
public may be excluded in accordance with applicable provisions of state law, including the
Ralph M. Brown Act (Government Code Sections 54950 et seq.).
III. Closed Sessions/Disclosure of Information
No member of the Council, employee of the City, or any other person present during a
closed session of the Council, shall disclose to any person the content or substance of any
discussion which took place during such closed session unless the Council shall, by
majority vote, authorize the disclosure of such information.
SECTION 2. AGENDA
I. Preparation and Posting of Agendas
Except for documents or information prepared by City staff that is not available by 12:00
noon on Wednesday, but in the City Manager's judgment should be included with the
agenda prior to its delivery to members of the City Council, all reports, communications,
ordinances, resolutions, contract documents, or other matters to be submitted to the
Council at a regular meeting, shall be delivered to the City Clerk no later than 12:00 noon
on Wednesday, six (6) working days preceding the meeting. The City Clerk shall prepare
the agenda of all such matters under the direction of the City Manager. The agenda and
supporting documents shall be delivered to the members of the Council on the Friday
preceding the Wednesday Council meeting to which the agenda pertains. The agenda
itself shall be posted in a location freely accessible to the public at least 72 hours before
each regular meeting or 24 hours before any special meeting of the City Council. The
agenda must include a brief description of each item of business to be transacted or
discussed at the meeting, as well as the time and location of the meeting. The City
Manager shall review the items to be placed on the agenda and place those items which
he or she believes to be of a routine non-controversial nature and are properly
documented, on for adoption by a single motion. This item shall be the Consent Calendar,
and it shall take the request of only one Councilmember to remove an item from the
Consent Calendar.
II. Order of Business
The business of the Council and the order of its agenda shall be in such form, as the
Council may from time to time adopt by resolution.
SECTION 3. COUNCIL CORRESPONDENCF
I. Availability to the Public
Correspondence addressed to the Council and received by the City Clerk or any other
officer or employee of the City, shall not become a public record until received and filed by
the Council at a regular, special, or adjourned meeting of the Council. Correspondence
shall not be read aloud at a Council meeting unless requested by a majority vote of the
Council.
II. Authority of the City Manager
The City Manager is hereby authorized to open and examine all mail or other written
communications addressed to the City and to give them immediate attention to the end,
that all administrative business referred to in such communications, and not necessarily
requiring Council action, may by acted upon between Council meetings; provided,
however, mail addressed to individual Councilmembers shall not be opened without the
2
consent of the Councilmember.
SECTION 4. PRESIDING OFFICER
The mayor shall be the presiding officer at all meetings of the Council. In the absence of
the Mayor, the Vice Mayor shall preside. In the absence of both the Mayor and Vice
Mayor, the City Clerk shall call the Council to order, whereupon, a temporary presiding
officer shall be elected by the Councilmembers present to serve until the arrival of the
Mayor or Vice Mayor or until adjournment. Wherever in this article the term Mayor is used,
it shall apply equally to the presiding officer as set forth in this section.
I. Powers and Duties
A. Participation: The presiding officer may move, second, debate, and vote from the
Chair.
B,
Signing of Document~: The presiding officer shall sign all ordinances, resolutions,
contracts, and other documents necessitating his signature which were adopted
in his presence, unless he is unavailable, in which case the signature of an
alternate presiding officer may be used.
C,
Sworn Testimony: The presiding officer may require any person addressing the
Council to be sworn as a witness and to testify under oath, and the presiding
officer shall so require, if directed to do so, by a majority vote of the Council.
D,
Discussion of and Action on Agenda Item~: Under rules, as shall be determined
from time to time by the Mayor, the public shall be offered an opportunity to
address at the meeting, any item included on the agenda. The City Council shall
not take action on any item not appearing on the posted agenda unless: 1) a
Council majority determines that an "emergency situation", as defined herein,
exists; 2) the Council determines by a two-thirds (2/3) vote or by a unanimous
vote if less than two-thirds (2/3) of the City Council are present, that a need to
take immediate action on the item arose subsequent to the posting of the agenda;
or 3) the item was included in a properly posted agenda for a prior meeting
occurring not more than five (5) days prior to the meeting at which the action is
taken and was continued to the meeting at which the action is taken.
As used in this section "emergency" means an event which will cause a work
stoppage, severely impairing public health or safety, or a crippling disaster
severely impairing public health or safety.
SECTION 5. RULES OF ORDER
In the event of questions as to procedure not set forth in this article for Council meetings,
3
the Chair shall be guided by the rules of general parliamentary procedure.
I. Rules of Order/Failure to Observe
Rules adopted to expedite the transaction of the business of the Council in an orderly
fashion shall be deemed to be procedural only, and the failure to strictly observe such
rules shall not affect the jurisdiction of the Council or invalidate any action taken at a
meeting, which is otherwise held in conformity with law.
II. Rules of Decorum
A,
Councilmembers: While the Council is in session, the members shall preserve
order and decorum, and a member shall neither, by conversation or otherwise,
delay or interrupt the proceedings or the peace of the Council, nor disturb any
member while speaking, nor refuse to obey the orders of the presiding officer.
Members of the Council shall not leave their seats during a meeting without first
obtaining the permission of the presiding officer.
S.
Employees: Members of the City staff and employees shall observe the same
rules of order and decorum as are applicable to the Council. However, members
of the City staff and employees may leave their seats during a meeting without
first obtaining the permission of the presiding officer.
C,
Persons Addressing the Council: Any person making impertinent, slanderous, or
profane remarks, or who become boisterous while addressing the Council, shall
be called to order by the presiding officer, and if such conduct continues, may, at
the discretion of the presiding officer, be ordered barred from further attendance
before the Council during that meeting.
D,
Members of the Audience: Any person in the audience who engages in
disorderly conduct, such as clapping of the hands, stamping of the feet, whistling,
using profane language, yelling, or similar demonstrations, which disturbs the
peace and good order of the meeting, or who refuses to comply with the lawful
orders of the presiding officer, is guilty of a misdemeanor under the provisions of
State law, and, upon instructions from the presiding officer, it shall be the duty of
the sergeant at arms to remove such person from the Council Chamber and to
place him under arrest.
E.
Dangerous Instruments: No person may enter the chambers of a legislative
body, as defined in Section 54852 of the Government Code of the State, or any
place where such legislative body is in session, with any firearm, weapon, or
explosive device of any nature. The provisions of this section shall not apply to
authorized peace officers or to those persons authorized by the Penal Code of
the State to carry such weapons.
F. Rules of Decorum/Enforcement: The Chief of Police, or such members of the
Police Department as the Chief of Police may designate, shall be sergeants at
arms of the Council and shall carry out all orders given by the presiding officer for
the purpose of maintaining order and decorum at Council meetings. Any
Councilmember may move to require the presiding officer to enforce the rules,
and the affirmative vote of a majority of the Council shall require him to do so.
III. Rules of Debate
A=
Getting the Floor: Every Councilmember desiring to speak at a Council meeting
shall first address the Chair, gain recognition by the presiding officer, and confine
himself to the question under debate, avoiding personalities and indecorous
language.
El
Questioning the Staff: Every Councilmember desiring to question the City Staff
shall, after recognition by the presiding officer, address his questions to City staff.
C,
Interruptions: A Councilmember, once recognized, shall not be interrupted when
speaking unless called to order by the presiding officer, a point of order or
personal privilege is raised by another Councilmember, or unless the speaker
chooses to yield to a question by another Councilmember. If a Councilmember is
called to order while speaking, he shall cease speaking until the question of order
is determined to be in order, then he may proceed. Members of the City Staff,
after recognition by the presiding officer, shall hold the floor until the completion of
their remarks or until recognition is withdrawn by the presiding officer.
De
Points of Order: The presiding officer shall determine all points of order, subject
to the right of any Councilmember to appeal to the Council. If an appeal is taken,
the question shall be, "Shall the decision of the presiding officer be sustained"? A
majority vote shall conclusively determine such question of order.
E,
Points of Personal Privilege: The right of a Councilmember to address the
Council on a question of personal privilege shall be limited to cases in which his
integrity, character, or motives are questioned or where the welfare of the Council
is concerned. A Councilmember raising a point of personal privilege may
interrupt another Councilmember who has the floor only if the presiding officer
recognizes the privilege.
Fi
Privilege of Closing Debate: The Councilmember moving the adoption of an
ordinance, resolution, or motion shall have the privilege of closing debate.
Gl
Limitation of Debate: No Councilmember shall be permitted to speak more than
once on any particular subject until every other Councilmember desiring to do so
shall have spoken.
SECTION 6. MOTIONS
A motion by any member of the Council, including the presiding officer, may not be
considered by the Council without receiving a second.
I. After Motions are Made and Hearings are Closed
After a motion has been made or a public hearing has been closed, no member of the
public shall address the Council from the audience on the matter under consideration
without first securing permission to do so by a majority vote of the Council.
SECTION 7. VOTING PROCEDURI=
I. Seating Arrangement for Council
The Mayor shall sit in the center chair of the Council; the next senior Councilmember
(and if there is more than one of the same seniority, then by highest vote count at that
election) shall sit alternately on the left and right of the Mayor.
II. Question to be Stated
Upon moving the question, the presiding officer shall call for the vote which shall be
taken first from the least senior member then moving by seniority rank to the most
senior member, with Mayor voting last.
III. Registration of Votes
Any vote of the Council, including a roll call vote, may be registered by the members
by answering "aye" for an affirmative vote or "no" for a negative vote upon the name of
the Councilmember.
IV. Voting Procedure/Disqualification
Any Councilmember who is disqualified from voting on a particular matter by reason of
a conflict of interest, shall publicly state, or have the presiding officer state, the nature
of such disqualification in open meeting. A Councilmember who is disqualified by
reason of a conflict of interest in any matter, shall not remain in his seat during the
debate and vote on such matter, but shall request and be given the permission of the
presiding officer to step down from the Council table and leave the Council Chamber.
A Councilmember stating such disqualification shall not be counted as a part of a
quorum, and shall be considered absent for the purpose of determining the outcome
of any vote on such matter.
V. Failure to Vote
VI.
VII.
Councilmembers present at a City Council meeting shall vote unless disqualified by
reason of a conflict of interest or where the Councilmember in good faith believes that
he or she should not vote on a measure for good cause, such as, but not limited to,
not having attended a prior meeting essential to an informed vote on the measure. A
failure to vote or an abstention shall not be counted. A measure shall pass only if it
receives "aye" votes from a majority of the Councilmembers present at the meeting,
provided a quorum is established. Councilmembers abstaining shall be counted in
determining whether a quorum is present.
Tie Votes
Tie votes shall be lost motions and may be reconsidered.
Changing Votes/Abstention
A Councilmember may change his vote only if he makes a timely request to do so
immediately following the announcement of the vote by the City Clerk and prior to the
time the next item in the order of business is taken up. A Councilmember who publicly
announces he is abstaining from voting on a particular matter shall not subsequently
be allowed to withdraw his abstention.
SECTION 8. RECONSIDERATION OF ACTIONS
A motion to reconsider any action taken by the Council may be made only on the day such
action was taken. It may be made either immediately during the same session or at
recessed or adjourned session thereof. Such motion may be made only by one of the
Councilmembers who voted with the prevailing side. The provision of this section shall not
be construed to prevent any Councilmember from making or remaking the same or any
other motion at a subsequent meeting of the Council.
SECTION 9. PUBLIC HEARINGS
I. Public Hearing Defined
A public hearing is any hearing which is publicly noticed by publication in a newspaper
of general circulation, posting on affected property, or mailing to affected parties.
Generally, public hearings can be classified as quasi-judicial or quasi-legislative. The
following is a general summary description of quasi-judicial and legislative hearings.
The discussion is not intended to change the general California law governing this
subject. Generally, a quasi-judicial decision is any decision affecting one, or a limited
number of individual applicants, in which the City Council is legally required to make
its decision based on the evidence presented during the hearing. Examples of such
hearings include appeals from land use decisions by the Planning Commission, such
'7
as those concerning use permits, variances, and site development permits. Generally,
a quasi-legislative decision generally is a decision to make or amend rules affecting a
whole class or large number of persons. The City Council is required to seriously
consider evidence presented during quasi-legislative hearings, but it is not legally
required to base its decision exclusively on the evidence presented. Examples of
quasi-legislative decisions include the adoption or amendment of zoning ordinances,
general plan amendments, and other ordinances.
II. Submission of Documents
In order to give adequate consideration to written documents, the following rules shall
apply:
A,
B,
Time and Submission: Any written document, whether containing factual
information or legal or policy arguments exceeding 250 words, must be submitted
to the City Clerk six (6) calendar days prior to the scheduled hearing date.
Photographs or other graphic depictions may be filed at the hearing.
,
If the submission deadline falls on a legal holiday or weekend, the document
must be submitted the last working day prior to the submission deadline.
.
The City Council shall exclude from the record and not consider any
document submitted after the submission deadline, unless upon a motion by
a Councilmember, a majority of the Councilmembers present at the hearing
vote to consider the document. A decision to consider a document not timely
filed shall be considered automatic grounds to continue the hearing, although
a continuance shall require a specific motion adopted by a majority of the
Councilmembers present at the meeting.
Manner of Submission: All documents must be presented to the City Clerk for
consideration at the hearing. No documents presented to the individual
Councilmembers prior to the hearing shall be considered as part of the hearing
record.
.
.
To be considered, an original and seven (7) copies must be filed with the City
Clerk.
Upon receipt, the City Clerk shall date stamp as received the original and all
copies. Upon request, the City Clerk will furnish the proponent of the
document with a date stamped copy. The City Clerk shall immediately
distribute copies of the submitted documents to the individual
Councilmembers, the City Manager, and the City Attorney. The City Clerk
shall retain the original and include it in the hearing record, which the City
Clerk shall compile and maintain.
III. Notice of Hearing
Any notice of a public hearing shall include a statement that anyone wishing the City
Council to consider a document exceeding 250 words must submit the original
document and seven (7) legible copies to the City Clerk not less than six (6) calendar
days prior to the scheduled meeting date.
IV. Viewing the Site
In Quasi-Judicial hearings involving specific property, it shall be the duty of all
Councilmembers to view the site prior to the hearing. At the beginning of the hearing
the Mayor shall poll the Councilmembers to establish, on the record, whether they
have viewed the site. If any Councilmember indicates that he or she has not viewed
the site, the hearing shall be continued to the next regular meeting date. In viewing
the site, no Councilmember shall have any discussion with project proponents or
opponents.
In quasi-legislative public hearings involving specific property, any Councilmember
may, but are not required to, view the site. In such hearings, Councilmembers may,
but are not required to, reveal on the record whether they have viewed the site.
V. Making a Decision
In quasi-judicial hearings, the City Council shall base its decision exclusively on the
record, including documents submitted in accordance with this rule and testimony and
oral argument presented during the hearing. Any motion deciding the matter shall
include sufficient findings of fact to inform the parties of the basis on which the City
Council made its decisions, and to determine whether the decision is based on lawful
principles. Where possible, the staff report to the City Council shall include proposed
findings for the City Council consideration.
In quasi-legislative hearings, the City Council shall seriously consider all documents
submitted in compliance with this rule and testimony and oral argument presented
during the hearing. The motion deciding the matter need not include specific findings
of fact. The decision shall comply with any specific legal requirements applicable to
the particular matter.
VI. Conduct of Public Hearing
As presiding officer, the Mayor shall conduct the hearing to promote an orderly
presentation of the evidence by all parties. Subject to the following guidelines, the
Mayor shall use his or her discretion in presiding over the hearing.
A,
Order of Proof: Generally, all those supporting an application or measure shall
present their evidence and argument first. Those opposing the application or
measure shall present their evidence and argument second. Those supporting
the measure shall be allowed some additional time for rebuttal. If during the
9
B,
C.
rebuttal project proponents present new argument or evidence, project opponents
shall be allowed some additional time to rebut that new matter.
Time Limitations: The Mayor may impose time limitations on all those wishing to
present evidence or argument. The Mayor may prevent the presentation of
irrelevant, repetitive, or cumulative testimony or argument.
Manner: Each person desiring to address the Council shall step up to the
microphone reserved for that purpose, state his name and address for the record,
state the subject he wishes to discuss, state whom he is representing, if he
represents an organization or other persons, and unless further time is granted by
a majority vote of the Council, shall limit his remarks to five (5) minutes, All
remarks shall be addressed to the Council as a whole and not to any member
thereof.
D.
No question shall be directed to a Councilmember or a member of the City staff
without the permission of the presiding officer.
Spokesmen for Groups of Person~: In order to expedite matters and to avoid
repetitious presentations, whenever any group of persons wishes to address the
Council on the same subject matter, it shall be proper for the presiding officer to
request that a spokesman be chosen by the group to address the Council, and in
the event additional matters are to be presented by any other member of such
group, to limit the number of such persons addressing the Council.
SECTION 10. ORDINANCES/RESOLUTIONS/CONTRACTS
Official actions of the Council shall be in the form of motions, resolutions, and ordinances.
I. Motions
Motions shall be used to express decisions of the Council on routine questions or
matters of temporary importance, or to give instructions to the staff and shall be
moved, seconded, and adopted by a voice vote unless a roll call is requested by a
Councilmember.
II. Resolutions
Resolutions shall be used to express decisions of the Council of a permanent or
lasting nature and shall be introduced, seconded, and adopted by a roll call vote.
Resolutions may be used to transfer appropriate funds within the budget or to
appropriate funds.
III. Ordinances
Ordinances shall be used to adopt formal policy, in the exercise of the police power,
~.0
and in other instances required by law. The manner of introduction and adoption shall
be as provided, as stated in the Resolution section above.
A,
Reading of Ordinances: At the time of the second reading of an ordinance, it
shall be read in full, unless after the reading of the title thereof, the further reading
thereof is waived by the unanimous consent of all the Councilmembers present.
The waiver of the reading of such ordinance shall be accomplished by regular
motion adopted by a unanimous vote of the Councilmembers present.
SECTION 11. MINUTES/PREPARATION AND CHANGER
The City Clerk shall have the exclusive responsibility for the preparation of the minutes of
Council meetings, and any directions for changes in the minutes shall be made only by a
majority action of the Council.
I. Minutes/Reading
Unless the reading of the minutes of a Council meeting is ordered by a majority vote of
the Council, such minutes may be approved without reading, if the City Clerk has
previously furnished each Councilmember with a copy.
II. Minutes/Entry of Statements
A Councilmember may request through the presiding officer of a Council meeting, the
privilege of having an abstract of the statement of such Councilmember on any subject
under consideration by the Council entered in the minutes. If the Council consents
thereto, such statement shall be inserted in the minutes.
III. Entry of Protests
Any Councilmember shall have the right to have the reasons for his dissent from, or
his protest against, any action of the Council entered in the minutes, and shall be
made in the following manner: "1 would like the minutes to show that I am opposed to
this action for the following reasons:... ".
SECTION 12. SPECIAL COMMITTEES
All special Council committees shall be appointed by the presiding officer with a majority
consent of the Council. Such committees shall be temporary in tenure and shall
automatically be discharged upon the completion of their charge, or upon an order of the
presiding officer or majority of the Council.
4:CC:PROCEDUR.cc
Rev:10/99
:[Oa
]:tern No.
Date: June 21,2000
AGENDA SUMMARY REPORT
SUBJECT: Authorize the Mayor to Execute Amendment No. 2 of Contract No. 96-SNR-00110
and Exhibit C, Revision 3 to Contract No. 96-SNR-00110 between the Western Area Power
Administration and the City of Ukiah.
REPORT: The City of Ukiah along with other preference power customers entered into an
agreement with the Western Area Power Administration and the Bureau of Reclamation for
the funding of operation and maintenance for Central Valley Project Power Facilities on
November 12, 1997. Amendment No. 2 to the agreement modifies Section 13 of the
Agreement to allow the Governance Board to approve assignment or transfer of interest in the
Agreement to another party. With the uncertainty of project ownerships brought about by the
possible sale of the Power Marketing Agencies, such as Western, and with the consolidation
of the electric market as a result of AB 1890, the parties believe it prudent to plan for the
possible changing of contract responsibilities.
Exhibit C, Revision 3 to the Agreement defines the City of Ukiah's share of the
contract commitment for FY 2003 - 2004. Our share of the commitment is based on our
Contract Rate of Delivery as of January 3, 2000 and amounts to $18,910.48. These funds are
used to fund specific O&M projects at the Central Valley Project Facilities. The Bureau of
Reclamation operates the Hydro Projects and Congress appropriates funding for operation
and maintenance. However, this funding has been cut from the budget for many years, which
has significantly raised the possibility of outages and electrical shortages for the customers of
Western. In order to alleviate this possibility, the customers entered into an agreement with
the Bureau of Reclamation and Western to fund specific O&M projects at the Central Valley
Project Facilities. A Governance Board composed of representatives from Western, Bureau of
Reclamation and the preference power customers oversees spending of the funds.
(Continued on page 2)
RECOMMENDED ACTION: Authorize the Mayor to Execute Amendment No. 2 of Contract
No. 96-SNR-00110 and Exhibit C, Revision 3 to Contract No. 96-SNR-00110 between the
Western Area Power Administration and the City of Ukiah.
ALTERNATIVE COUNCIL POLICY OPTIONS: Deny Authorization and Define Contract
Commitment Amount for FY 2003-2004.
Citizen Advised: N/A
Requested by: Darryl L. Barnes, Director of Public Utilities
Coordinated with: Candace Horsley, City Manager
Attachment: 1) Amendment No. 2 to Contact 96-SNR-00110
2) Exhibit C, Revision 3 to Contract 96-SNR-00110
APPROVED:~ ~;~"~~,.~
Candace Horsleg, ~ity
Manager
(Page 2)
Since Western Power is the lowest cost power available and composes a significant
percentage of our power mix, approximately 20 %, staff believes that it is important to ensure
the availability of this power source. Therefore, staff recommends approval of Amendment
No. 2 and Exhibit C, Revision 3 of Contract 96-SNR-00110.
Contract No. 96-SNR-00110
Amendment No. 2
UNITED STATES
DEPARTMENT OF ENERGY
WESTERN AREA POWER ADMINISTRATION
SIERRA NEVADA CUSTOMER SERVICE REGION
CENTRAL VALLEY PROJECT, CALIFORNIA
AND
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
MID-PACIFIC REGION
AND
CENTRAL VALLEY PROJECT
CUSTOMERS
AMENDMENT NO. 2 TO THE
AGREEMENT FOR THE FUNDING OF POWER OPERATION AND MAINTENANCE FOR
CENTRAL VALLEY PROJECT POWER FACILITIES
Contract No. 96-SNR-00! 10
Amendment No. 2
UNITED STATES
DEPARTMENT OF ENERGY
WESTERN AREA POWER ADMINISTRATION
SIERRA NEVADA CUSTOMER SERVICE REGION
CENTRAL VALLEY PROJECT, CALIFORNIA
AND
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
MID-PACIFIC REGION
AND
CENTRAL VALLEY PROJECT
CUSTOMERS
AMENDMENT NO. 2 TO THE
AGREEMENT FOR THE FUNDING OF POWER OPERATION AND MAINTENANCE FOR
CENTRAL VALLEY PROJECT POWER FACILITIES
Table of Contents
Section Page
9
o
,
.
.
RECITALS ....................................................................................................................... l
AGREEMENT ................................................................................................................. 2
TERM OF AMENDMENT ............................................................................................... 2
MODIFICATION TO SECTION 13 OF THE PRIMARY AGREEMENT ..................... 2
PRIMARY AGREEMENT TO REMAIN IN EFFECT ................................... ~. ............... 2
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UNITED STATES
DEPARTMENT OF ENERGY
WESTERN AREA POWER ADMINISTRATION
SIERRA NEVADA CUSTOMER SERVICE REGION
CENTRAL VALLEY PROJECT, CALIFORNIA
AND
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
MID-PACIFIC REGION
AND
CENTRAL VALLEY PROJECT
CUSTOMERS
AMENDMENT NO. 2 TO THE
AGREEMENT FOR THE FUNDING OF POWER OPERATION AND MAINTENANCE FOR
CENTRAL VALLEY PROJECT POWER FACILITIES
1. PREAMBLE: This Amendment to Contract No. 96-SNR-00110 (Primary
Agreement) is made the ~ day of
,2000 between the UNITED
STATES OF AMERICA (United States), acting by and through the Administrator,
Western Area Power Administration (Western), Department of Energy, represented by
the Regional Manager, Sierra Nevada Customer Service Region (SNR), the officer
executing this Agreement, or a duly appointed successor, and (ii) acting by and through
the Commissioner, Bureau of Reclamation (Reclamation), Department of the Interior,
represented by the Regional Director, Mid-Pacific Region; and the Central Valley Project
(CVP) preference power customers set forth in Exhibit A of the Primary Agreement.
2. RECITALS:
2.1 Western, Reclamation, and the CVP preference power customers entered into the
Primary Agreement on November 12, 1997.
( :frei. rat! No. 9O-SN R-001 I (}
Amendment 2
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The Parties have determined that Section 13 of the Primary Agreement is
administratively burdensome and desires to modify it.
3. AGREEMENT: The Parties agree to the terms and conditions set forth herein.
.
o
TERM OF AMENDMENT:
and shall remain in effect concurrently with the Primary Agreement.
DEFINITION OF TERMS: Section 13 of the Primary Agreement is hereby deleted,
and the following substituted therefor:
"13. SUCCESSORS AND ASSIGNS: This Agreement shall inure to the
benefit of and be binding upon the Parties hereto and their respective successors.
No Party shall assign its interest in this Agreement, in whole or in part, without
the prior written consent of the Governance Board. In no event, shall any Party
assign this Agreement to any Party that is not financially responsible or which
cannot perform its obligations pursuant to this Agreement, nor shall any Party
assign this Agreement on any terms at variance from those set forth in this
Agreement. No permitted assignment or transfer shall change the duties of the
Parties, or impair the chances of obtaining performance under this Agreement,
except to the extent set forth in such permitted assignment and approved in
writing by the Governance Board."
This Amendment shall become effective upon execution
6. PRIMARY AGREEMENT l'O RIP. MAIN IN EFFECT: Except as expressly
modified by this Amendment, said Primary Agreement shall remain in full l'orce and effect; and
Alncndlnt.'lll 2
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this Amcndmcnt shall be subject to all provisions of the Primary Agreement, except as herein
amended.
IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed the
day and year first above written. The signatories hereto represent that they have been
appropriately authorized to enter into this Amendment on behalf of the Party for whom they sign.
WESTERN AREA POWER ADMINISTRATION
By:
Title:
Regional Manager
Address: 114 Parkshore Drive
Folsom, CA 95630-47 I0
BUREAU OF RECLAMATION
By:
Title: Regional Director
Address: Mid-Pacific Region
2800 Cottage Way
Sacramento, CA 95825
('.ntracl N. 96-SNR-()01 I 0
Amcmlfnc,! 2
1 IN WITNESS WItEREOF, the Parties have caused this Amendment to be executed the
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day and year first above written. The signatories hereto represent that they have been
appropriately authorized to enter into this Amendment on behalf of the Party for whom they sign.
CITY OF UKIAH
By:
Attest: Title:
By: Address:
Title:
Contract No. 96-SNR-00110 4
Amendment 2
Exhibit C, Revision 1
City of Ukiah
Contract No. 96-SNR-00110
Exhibit C
(Individual Customer Commitment and Contribution)
1. This Exhibit C, Revision 3, to be effective under and as a part of Contract No. 96-SNR-
00110 (hereinafter called the Agreement) shall become effective upon execution, and shall remain
in effect until either superseded by a revised Exhibit C or upon termination of the Agreement.
2. The City of Ukiah agrees to make a Contribution pursuant to Section 8 of the Agreement
for the Fiscal Year and in the amount specified in Section 3 below. The minimum Contribution
commitment level required to qualify as a Contributor pursuant to Section 5.4 of the Agreement is
indicated in Column 2 of the table shown in Section 3 below.
3. Please specify the Contribution commitment level(s) in the appropriate row(s) for the
applicable FY(s).
Column I Column 2 Colunm 3 Column 4 Column 5
FY Section 5.4 Revision No. 1 Revision No. 2 Revision No. 3
Qualifying Amount Contribution Contribution Contribution
in Dollars Commitment Level Commitment Level Commitment Level
Amount in Dollars Amount in Dollars Amount in Dollars
2001 9,212.58 9,212.58 9,212.58 9,212.58
2002 9,212.58 9,212.58 9,212.58 9,212.58
2003 18,910.48 N/A N/A
2004 19,724.62 N/A N/A
Qualifying Amounts and Contributions Commitment amounts, if any, are not shown for
fiscal years prior to fiscal year 2001 in the above table. For that information refer to an earlier
revision of Exhibit C.
The signature below commits the Customer named to make Contributions, for the specified
Fiscal Year(s), up to, but not greater than the level indicated in the latest revision of the
Contribution commitment level for a specific FY.
Date of Execution:
City of Ukiah
By:
Title:
Address:
ITEM NO. 10b
DATE: June 21, 2000
AGENDA SUMMARY REPORT
SUBJECT: ADOPTION OF RESOLUTION ACCEPTING PORTIONS OF COMMERCE
DRIVE INTO THE CITY STREET SYSTEM
SUMMARY: Submitted for the City Council's consideration is a resolution, which, if adopted,
would accept portions of Commerce Drive into the City Street System. Please note
Attachment 2, which shows the approximate location of the portions of Commerce Drive to
be accepted. The adoption of the resolution is required pursuant to the provisions of Section
1806 of the California Streets and Highways Code if the City intends to accept maintenance
responsibility and liability for any public or private street.
RECOMMENDED ACTION: Adopt resolution accepting portions of Commerce Drive into the
City Street System.
ALTERNATIVE COUNCIL POLICY OPTIONS: None.
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
Rick Seanor, Deputy Director of Public Works
Rick Seanor, Deputy Director of Public Works
Candace Horsley, City Manager
1. Resolution for adoption
2. Location Map
APPROVED:
RJS: AGacceptCommerceDr
Candace Horsley, City,Manager
RESOLUTION NO. 2000-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH
ACCEPTING PORTIONS OF COMMERCE DRIVE
INTO THE CITY STREET SYSTEM
WHEREAS, the provisions of Section 1806 of the California Streets and Highways
Code provide that no public or private street shall become a City street until and unless the
governing body, by resolution, has caused said street to be accepted into the City Street
System nor shall any City be held liable for failure to maintain any street unless and until
it has been accepted into the City Street System by resolution of the governing body; and
WHEREAS, the right-of-way for portions of the street indicated in this resolution has
been accepted for public use pursuant to the execution and recordation of a Grant Deed
recorded in Book 2362, Page 123, of Official Records of the Mendocino County Recorder,
and a Grant Deed recorded in Book 2133, Page 17 of Official Records of the Mendocino
County Recorder, said grant deeds having been accepted by the City Manager as
authorized by Resolution No. 61-54 adopted on February 1, 1961; and
WHEREAS, it is in the interest of the public that the street as identified herein be
accepted into the City Street System and maintained by the City.
NOW, THEREFORE, IT IS HEREBY RESOLVED, by the City Council of the City
of Ukiah that Commerce Drive as shown on Parcel Map M.S. 96-32 filed in Map Case 2,
Drawer 63, Page 27 is hereby accepted into the City Street System.
Resolution No. 2000-
Page 1 of 2
PASSED AND ADOPTED this 21st day of June, 2000 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Jim Mastin, Mayor
Marie Ulvila, City Clerk
Resolution No. 2000-
Page 2 of 2
ITEM NO. 1 oc
DATE: June 21,2000
AGENDA SUMMARY REPORT
SUBJECT:
REPORT ON INDEPENDENT SYSTEM OPERATION (ISO) ALERT
SYSTEM AND IMPENDING ROLLING BROWN OUT REQUIREMENTS
Director of Public Utilities Darryl Barnes will be giving an oral report to the Council on
the impending electrical shortages that are predicted for this summer season. In
addition, Mr. Barnes will be discussing the future of electrical generation in California in
context with the recent electric restructuring law.
RECOMMENDED ACTION: Council receive report regarding Independent System
Operation (ISO) Alert System and Impending Rolling Brown Out Requirements
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. N/A
Citizen Advised: N/A
Requested by:
Prepared by:
Coordinated with:
Attachments:
City Manager
Candace Horsley, City Manager
Darryl Barnes, Director of Public Utilities
1. None.
4/Can.ASRISO.600 Candace Horsley, Ci~~anager
ITEM NO. 10c~
DATE: June 21,2000
AGENDA SUMMARY REPORT
SUBJECT:
CONSIDERATION OF REQUEST BY COUNCILMEMBER BALDWIN
CONCERNING BAN ON CELL PHONES IN VARIOUS PUBLIC
FACILITIES
Councilmember Phil Baldwin submitted the attached letter to request Council's
consideration of a local ban on cell phones in restaurants, supermarkets, and City
owned public facilities.
RECOMMENDED ACTION: After discussion, City Council provide direction to staff
concerning its desire relative to a local ban on cell phones in various public facilities.
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. Determine a local ban is not necessary at this time.
Citizen Advised:
Requested by:
Prepared by:
Attachments:
N/A
Councilmember Phil Baldwin
Candace Horsley, City Manager
1. Letter, dated June 12, 2000, from Councilmember Baldwin
Candace Horsley, Ci~/
4/Can.ASRCelI.600
Manager
CITY OF UKIAH
CITY CLERK'S DEPARTMENT
June 12
Dear Fellow Council Members:
It is time for this public policy body to consider a local ban on cell phones in
restaurants, supermarkets, and City owned public facilities.
Studies, including one by George Washington University's Department of
Medicine, show that cell phones in operation create a plume of "radio frequency radiation"
which may increase risk of cancerous brain tumors as well as genetic and nerve damage.
As yet we have little data about the effect of "second hand" radiation for the person
standing or sitting next to the operator.
As with the ban on cigarettes, enforcement will come naturally and easily as the
community is made aware of a City ordinance supporting the vast majority here who want
to eat and shop in healthy public facilities where pompous, tactless, possibly dangerous
behavior is discouraged.
Let's take a stand to help insure domestic tranquility.
Phil Baldwin