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1999-06-16 Packet
PROCLAMATION WHEREAS, throughout Ukiah and California, we are fortunate to have variety of parks providing countless recreational opportunities for citizens and visitors from around the world; and WHEREAS, positive recreational experiences in our beautiful parks contribute to good health and enhance the quality of life for all people; and IFHEREAS, our parks help preserve and protect the natural and cultural resources of Ukiah and California; and WHEREAS, all levels of government and private enterprise throughout the State participate in the planning, development and operation of parks and recreational facilities; and tFHEREAS, it is appropriate that attention be focused on the mental and physical benefits derived from involvement in leisure activities in private and public park areas; and WHEREAS, park and recreation opportunities provide something of value for everyon~ NOgV, THEREFORE, I, Jim Mastin, Mayor of the City of Ukiah, on behalf of my fellow City Councilmembers Phillip Ashiku, Phil Baldwin, Kathy Libby, and Roy Smith, do hereby proclaim the month of July as "PARKS AND RECREATION MONTH" and urge the Citizens of Ukiah to use and enjoy our parks and recreation programs, taking into consideration their beneficial effect to the well being of alL IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of Ukiah to be affixed on this 16th day of June 1999. Jim Mastin, Mayor ITEM NO. 3b DATE: JUNE 16, 1999 AGENDA SUMMARY REPORT SUBJECT: PRESENTATION BY NANCY JONES, PUBLIC FINANCIAL MANAGEMENT, REGARDING CITY'S INVESTMENT STRATEGIES The City contracted with Public Financial Management, Inc., (PFM) in 1997, to serve as the City's investment advisor. This decision was made after an intense recruitment and interview process, and after establishment of an Investment Oversight Committee, and restructuring of the duties of the City Treasurer and Director of Finance in regards to investment oversight. PFM has demonstrated their excellent ability to ensure the viability and strength of the City's investments. As part of our agreement PFM submits quarterly investment reports, which are reviewed by the Oversight team and Committee. Nancy Jones from PFM will come before the City Council to give an overall update of our investment portfolio performance and to answer any questions the City Council may have. City Treasurer, Alan Carter, will also be in attendance to discuss the issues and to represent the Investment Oversight Committee as its Chair. RECOMMENDED ACTION: N/A ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Nancy Jones, Public Financial Management, Inc. Alan Carter, City Treasurer Candace Horsley, City Manager Candace Horsley, City Manager Candace Horsley, City Manager 1. Quarterly Report. APPROVED: ~~~-'~; CH:kk Candace Horsley, CityTnager R:4\ A JONES ITEM NO. 3e DATE: JUNE 16, 1999 AGENDA SUMMARY REPORT SUBJECT: PRESENTATION BY GREATER UKIAH CHAMBER OF COMMERCE REGARDING ANNUAL ACTIVITIES Representatives from the Greater Ukiah Chamber of Commerce will be present at the Council meeting to present a report of their activities over the past year. They will also be identifying some of their goals for the upcoming fiscal year, and requesting Council's input and discussion on objectives the Council would like to see achieved. The Chamber provides an update of their activities annually to the Council, before the budget process, to support their funding request for tourism and economic development in partnership with the City of Ukiah. RECOMMENDED ACTION: None. ALTERNATIVE COUNCIL POLICY OPTIONS: None. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Kathy Spencer, President, Greater Ukiah Chamber of Commerce Candace Horsley, City Manager Candace Horsley, City Manager Candace Horsley, City Manager 1. Letter from Kathy Spencer, President, Greater Ukiah Chamber of Commerce. Candace Horsley, City I~anager CH:kk R:4\CAN ACHAMBER Candace Horsley City Manager City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Greater' kiah Chamber'c Commerce 200 South School S'l'r~et Ukioh, CA 95482 (707) 462-z1705 f~x (707) 462-2088 June 10,1999 Dear Candace: The vision of the Greater Ukiah Chamber of Commerce is to be a leader in the promotion of a strong economy and enhance a positive quality of life for both our members and the community. The Chamber's volunteer board of directors represents 500 businesses employing thousands in the greater Ukiah area. Funding request for Tourism, Relocation and Economic Development: $19,000.00 The City of Ukiah has historically invested in this effort by providing funding to support specific efforts of the Chamber. The Chamber depends upon the City of Ukiah's continued support to provide the benefits to the city residents, the general community and area visitors that reach beyond the needs of our members. These areas include our efforts to promote tourism, relocation and economic development. We would like you to continue your support at the current level. The Chamber has historically kept track of the following: 1. Walk in traffic requesting information. 2. Written inquiries requesting various information and publications. 3. Telephone calls that request various verbal information as well as print materials. In the past 12 months the Chamber has served the following inquiries: Written inquiry: 2,683 Walk-in visitors/tourists: 8,657 Telephone inquiries: 23,042 Total served 34,382 It costs an estimated $1.75 to $15.00 per contact in materials, staff time, postage and overhead costs to fulfill each request. Based upon the contacts during the fiscal year 1998-99, the City contribution was $0.55 per contact. Your funding helps to allow us to continue to provide this service for residents and visitors. The investment we are requesting will provide returns to the City in sales and bed tax dollars many times over. The Chamber's efforts in tourism support, relocation support, the annual Fourth of July Celebration, Ukiah Country PumpkinFest, community promotion and business development ensure that the Ukiah Area will continue to be seen by its residents and others as a premier place to visit, live & do business. The Greater Ukiah Chamber of Commerce has worked well with the City of Ukiah and we look forward to continuing this public/private partnership. Sincerely, Kathie Spencer, Ptesident Greater Ukiah Chamber of Commerce Candace Horsley City Manager City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Greater Cll<iah charnl>er ot: Commerce 200 South School Street Ukiah, CA 95482 (707) 462-4705 fax (707) 462-2088 June 10,1999 Dear Candace: The vision of the Greater Ukiah Chamber of Commerce is to be a leader in the promotion of a strong economy and enhance a positive quality of life for both our members and the community. The Chamber's volunteer board of directors represents 500 businesses employing thousands in the greater Ukiah area. Funding request for Tourism, Relocation and Economic Development: $19,000.00 The City of Ukiah has historically invested in this effort by providing funding to support specific efforts of the Chamber. The Chamber depends upon the City of Ukiah's continued support to provide the benefits to the city residents, the general community and area visitors that reach beyond the needs of our members. These areas include our efforts to promote tourism, relocation and economic development. We would like you to continue your support at the current level. The Chamber has historically kept track of the following: 1. Walk in traffic requesting information. 2. Written inquiries requesting various information and publications. 3. Telephone calls that request various verbal information as well as print materials. In the past 12 months the Chamber has served the following inquiries: Written inquiry: 2,683 Walk-in visitors/tourists: 8,657 Telephone inquiries: 23,042 Total served 34,382 It costs an estimated $1.75 to $15.00 per contact in materials, staff time, postage and overhead costs to fulfill each request. Based upon the contacts during the fiscal year 1998-99, the City contribution was $0.55 per contact. Your funding helps to allow us to continue to provide this service for residents and visitors. The investment we are requesting will provide returns to the City in sales and bed tax dollars many times over. The Chamber's efforts in tourism support, relocation support, the annual Fourth of July Celebration, Ukiah Country PumpkinFest, community promotion and business development ensure that the Ukiah Area will continue to be seen by its residents and others as a premier place to visit, live & do business. The Greater Ukiah Chamber of Commerce has worked well with the City of Ukiah and we look forward to continuing this public/private partnership. Sincerely, Greater Ukiah Chamber of Commerce Candace Horsley City Manager City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Greater clkiah Chamber of Commerce 200 South School Street Ukiah, CA 95482 (707) 462-4705 fax (707) 462-2088 June 10, 1999 Dear Candace: The vision of the Greater Ukiah Chamber of Commerce is to be a leader in the promotion of a strong economy and enhance a positive quality of life for both our members and the community. The Chamber's volunteer board of directors represents 500 businesses employing thousands in the greater Ukiah area. Funding request for Tourism, Relocation and Economic Development: $19,000.00 The City of Ukiah has historically invested in this effort by providing funding to support specific efforts of the Chamber. The Chamber depends upon the City of Ukiah's continued support to provide the benefits to the city residents, the general community and area visitors that reach beyond the needs of our members. These areas include our efforts to promote tourism, relocation and economic development. We would like you to continue your support at the current level. The Chamber has historically kept track of the following: 1. Walk in traffic requesting information. 2. Written inquiries requesting various information and publications. 3. Telephone calls that request various verbal information as well as print materials. In the past 12 months the Chamber has served the following inquiries: Written inquiry: 2,683 Walk-in visitors/tourists: 8,657 Telephone inquiries: 23,042 Total served 34,382 It costs an estimated $1.75 to $15.00 per contact in materials, staff time, postage and overhead costs to fulfill each request. Based upon the contacts during the fiscal year 1998-99, the City contribution was $0.55 per contact. Your funding helps to allow us to continue to provide this service for residents and visitors. The investment we are requesting will provide returns to the City in sales and bed tax dollars many times over. The Chamber's efforts in tourism support, relocation support, the annual Fourth of July Celebration, Ukiah Country PumpkinFest, community promotion and business development ensure that the Ukiah Area will continue to be seen by its residents and others as a premier place to visit, live & do business. The Greater Ukiah Chamber of Commerce has worked well with the City of Ukiah and we look forward to continuing this public/private partnership. Sincerely, Kathie Spencer, l~resident Greater Ukiah Chamber of Commerce Candace Horsley City Manager City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Greater cJkiah chamber of Commerce 200 South School Street Ukiah, CA 95482 (707) 462-4705 fax (707) 462-2088 June 10,1999 Dear Candace: The vision of the Greater Ukiah Chamber of Commerce is to be a leader in the promotion of a strong economy and enhance a positive quality of life for both our members and the community. The Chamber's volunteer board of directors represents 500 businesses employing thousands in the greater Ukiah area. Funding request for Tourism, Relocation and Economic Development: $19,000.00 The City of Ukiah has historically invested in this effort by providing funding to support specific efforts of the Chamber. The Chamber depends upon the City of Ukiah's continued support to provide the benefits to the city residents, the general community and area visitors that reach beyond the needs of our members. These areas include our efforts to promote tourism, relocation and economic development. We would like you to continue your support at the current level. The Chamber has historically kept track of the following: 1. Walk in traffic requesting information. 2. Written inquiries requesting various information and publications. 3. Telephone calls that request various verbal information as well as print materials. In the past 12 months the Chamber has served the following inquiries: Written inquiry: 2,683 Walk-in visitors/tourists: 8,657 Telephone inquiries: 23,042 Total served 34,382 It costs an estimated $1.75 to $15.00 per contact in materials, staff time, postage and overhead costs to fulfill each request. Based upon the contacts during the fiscal year 1998-99, the City contribution was $0.55 per contact. Your funding helps to allow us to continue to provide this service for residents and visitors. The investment we are requesting will provide returns to the City in sales and bed tax dollars many times over. The Chamber's efforts in tourism support, relocation support, the annual Fourth of July Celebration, Ukiah Country PumpkinFest, community promotion and business development ensure that the Ukiah Area will continue to be seen by its residents and others as a premier place to visit, live & do business. The Greater Ukiah Chamber of Commerce has worked well with the City of Ukiah and we look forward to continuing this public/private partnership. Sincerely, Greater Ukiah Chamber of Commerce Candace Horsley City Manager City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Greater Clkiah chamber of Commerce 200 South School Street Ukiah, CA 95482 (707) 462-4705 fax (707) 462-2088 June 10,1999 Dear Candace: The vision of the Greater Ukiah Chamber of Commerce is to be a leader in the promotion of a strong economy and enhance a positive quality of life for both our members and the community. The Chamber's volunteer board of directors represents 500 businesses employing thousands in the greater Ukiah area. Funding request for Tourism, Relocation and Economic Development: $19,000.00 The City of Ukiah has historically invested in this effort by providing funding to support specific efforts of the Chamber. The Chamber depends upon the City of Ukiah's continued support to provide the benefits to the city residents, the general community and area visitors that reach beyond the needs of our members. These areas include our efforts to promote tourism, relocation and economic development. We would like you to continue your support at the current level. The Chamber has historically kept track of the following: 1. Walk in traffic requesting information. 2. Written inquiries requesting various information and publications. 3. Telephone calls that request various verbal information as well as print materials. In the past 12 months the Chamber has served the following inquiries: Written inquiry: 2,683 Walk-in visitors/tourists: 8,657 Telephone inquiries: 23,042 Total served 34,382 It costs an estimated $1.75 to $15.00 per contact in materials, staff time, postage and overhead costs to fulfill each request. Based upon the contacts during the fiscal year 1998-99, the City contribution was $0.55 per contact. Your funding helps to allow us to continue to provide this service for residents and visitors. The investment we are requesting will provide returns to the City in sales and bed tax dollars many times over. The Chamber's efforts in tourism support, relocation support, the annual Fourth of July Celebration, Ukiah Country PumpkinFest, community promotion and business development ensure that the Ukiah Area will continue to be seen by its residents and others as a premier place to visit, live & do business. The Greater Ukiah Chamber of Commerce has worked well with the City of Ukiah and we look forward to continuing this public/private partnership. Sincerely, Kathie Spencer, President Greater Ukiah Chamber of Commerce Candace Horsley City Manager City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Greater cll<iah Chaml er ot2 Commerce 200 South School Street Ukiah, CA 95482 (707) 462-4705 fox (707) 462-2088 June 10,1999 Dear Candace: The vision of the Greater Ukiah Chamber of Commerce is to be a leader in the promotion of a strong economy and enhance a positive quality of life for both our members and the community. The Chamber's volunteer board of directors represents 500 businesses employing thousands in the greater Ukiah area. Funding request for Tourism, Relocation and Economic Development: $19,000.00 The City of Ukiah has historically invested in this effort by providing funding to support specific efforts of the Chamber. The Chamber depends upon the City of Ukiah's continued support to provide the benefits to the city residents, the general community and area visitors that reach beyond the needs of our members. These areas include our efforts to promote tourism, relocation and economic development. We would like you to continue your support at the current level. The Chamber has historically kept track of the following: 1. Walk in traffic requesting information. 2. Written inquiries requesting various information and publications. 3. Telephone calls that request various verbal information as well as print materials. In the past 12 months the Chamber has served the following Written inquiry: 2,683 Walk-in visitors/tourists: 8,657 Telephone inquiries: 23,042 Total served 34,382 inquiries: It costs an estimated $1.75 to $15.00 per contact in materials, staff time, postage and overhead costs to fulfill each request. Based upon the contacts during the fiscal year 1998-99, the City contribution was $0.55 per contact. Your funding helps to allow us to continue to provide this service for residents and visitors. The investment we are requesting will provide returns to the City in sales and bed tax dollars many times over. The Chamber's efforts in tourism support, relocation support, the annual Fourth of July Celebration, Ukiah Country PumpkinFest, community promotion and business development ensure that the Ukiah Area will continue to be seen by its residents and others as a premier place to visit, live & do business. The Greater Ukiah Chamber of Commerce has worked well with the City of Ukiah and we look forward to continuing this public/private partnership. Sincerely, / Kathie Spencer, President Greater Ukiah Chamber of Commerce MEMO To: Ukiah City Council From: Marie Ulvila, City Clerk Subject: Amended City Council Minutes of May 19, 1999 Date: June 7, 1999 At the June 2 City Council meeting, Council approved the minutes of May 19 with a correction, as noted by Councilmember Libby. Attached please find page 7 of the May 19, 1999 minutes, with the paragraph highlighted which was amended. The calculations referenced in the paragraph .have been reviewed by Public Utilities Director Darry Barnes and City Manager Candace Horsley. memo\coun0616 1998-99 year end balance for the Electric Utility which indicates that the utility will exceed our retained reserves and rate reduction plan requirements by approximately $3,057,000. This was due to being able to exceed our income goal for 1999 in three areas. First, excess power was sold into the spot market to significantly reduce the City's power costs. Secondly, operating expenses are forecasted to be under projected expenditures due to the delay of projects, but will be re-budgeted in the 1999-2000 fiscal year budget. In addition, the franchise fee has been frozen at $650,000, which saved the utility approximately $178,000. Thirdly, revenues are forecasted to exceed budgeted projections for 1999, as a result of increased load and favorable weather conditions. With the rate reduction plan fully funded for the 1998-1999 fiscal year, an analysis of banked reserves and interest has determined that at the current rate of savings, market rates could be achieved by July 1, 2006, which is a year earlier than forecasted during the Electric Workshop. Banking these funds into the rate reduction reserve would advance the time to market rates six months, to January 1, 2006. In addition the funds would be available to fund any shortfalls that might occur in years 2000 through 2006, that could force the delay to market rates. On this basis, our projected system average rate in July 1, 2007, would be $.0697 per kwh, or a 55% reduction in rates. This assumes that the market conditions and projected expenditures remain as planned. He recommended banking approximately $1,000,000 for any type of catastrophic failure which may occur. Staff favors using these funds to shorten the time to achieve market rates. He recommended Council approve the establishment of a Rate Reduction Fund, under the Revenue Banking Plan, to set aside $3,570,000 into the current reserves, and to direct staff to use the $3,057,000 for the Rate Reduction Plan. There were no comments from the public. Discussion of setting aside a portion of the reserve funds to assist Iow income people with their utility bills was suggested by Councilmember Baldwin. The matter was discussed with Public Utilities Director Barnes and Customer Service Supervisor Archibald with regard to the Public Benefits Charge and the income requirements for assistance programs that the City currently offers. It was reported by Ms. Archibald that applications have been made available at the Senior Center for the Senior Discount Rate Program. She advised that the Low Income Emergency Assistance Program funds come out of the May 19, 1999 - DRAFT Page 7 of 16 4]3 MEMO To: Mayor Mastin and City Council From: Marie Ulvila, City Clerk ~ Subject: City Council Meeting Minutes of June 2, 1999 Date: June 10, 1999 Due to the length of the June 2, 1999 Council meeting and my other work obligations, I hope to be able to provide the City Council with Draft Minutes of the June 2, 1999 meeting on Monday, June 14, 1999. I apologize for the delay. If you should have any questions, please do not hesitate to contact me at 463-6217. Memos/min ITEM NO. 6a DATE June 16, 1999 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF MAY 1999 Payments made during the month of May 1999, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedules of Bills, representing the four (4) individual payment cycles within the month. Accounts Payable check numbers: 15287-15488, 15603-15778 Payroll check numbers: 15163-15286, 15489-15602 Direct Deposit numbers: 5161-5340 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 1999. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Gordon Elton, Director of Finance Coordinated with: Kim Sechrest, Accounts Payable Specialist Attachments: Report of Disbursements '--Candace Horsley, City AGENDA.WPD/krs CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF MAY 1999 Demand Payments approved: Check No. 15287-15389, 15390-15488, 15603-15705, 15706*15778 FUNDS: 100 110 141 142 143 150 203 205 206 220 230 250 260 303 332 333 341 410 55O 555 575 600 612 640 652 General Fund Special General Fund Museum Grants National Science Foundation N.E.H.1. Museum Grant Civic Center Fund H&S Education 11489(B)(2)(A1 Sup Law Enforce. Srv. Fd (SLESF) Community Oriented Policing Parking Dist. #10per & Maint Parking Dist #1 Revenue Fund Special Revenue Fund Downtown Business Improvement Gas Tax Fund (2105) Federal Emerg. Shelter Grant Comm. Development Block Grant S.T.P. Conference Center Fund Lake Mendocino Bond Lake Mendocino Bond Reserve Garage Airport City/District Sewer San Dist Revolving Fund REDIP Sewer Enterprise Fund $82,190.45 660 Sanitary Disposal Site Fund 661 Sanitary Disposal Replace 665 Refuse/Debris Control $1,488.00 670 U.S.W. Billing & Collections $1,433.18 675 Contracted Dispatch Services 678 Public Safety Dispatch $289.84 679 MESA (Mendo Emerg Srv Auth) $3,003.58 695 Golf $4,972.12 696 Warehouse/Stores $800.34 697 Billing Enterprise Fund $92.00 698 Fixed Asset Fund $4,998.23 800 Electric 801 Electric Revenue Fund $711.00 805 Street Lighting Fund $11,577.84 806 Public Benefits Charges $2,031.00 820 Water 900 Special Deposit Trust $4,235.45 910 Worker's Comp. Fund $1,291,576.27 920 Liability Fund ($37,380.47) 940 Payroll Posting Fund $1,392.92 950 General Service (Accts Recv) $30,475.92 960 Community Redev. Agency $35,343.55 962 Redev. Housing Fund 965 Redevelopment Cap Imprv. Fund 966 Redevelopment Debt Svc. PAYROLL CHECK NUMBERS 15163 - 15286 DIRECT DEPOSIT NUMBERS 5161 - 5251 PAYROLL PERIOD 4/18/1999 - 5/1/1999 PAYROLL CHECKNUMBERS 15489- 15602 DIRECT DEPOSIT NUMBERS 5252 - 5340 PAYROLL PERIOD 5/2/1999 · 5/15/1999 VOID CHECKS NUMBERS None TOTAL TOTAL TOTAL TOTAL DEMAND PAYMENTS PAYROLL VENDOR DEDUCTION CHECKS PAYROLL CHECKS DIRECT DEPOSIT TOTAL PAYMENTS ($14,984.11) $1,651.31 $134,205.34 $3,154.83 $6,136.04 $30,741.56 $1,177.92 $6,005.27 $72,959.79 $483,621.39 $9,086.50 $38,759.85 $264.45 $153,696.37 $410.28 $16,570.16 $7,500.00 $121.60 $172,202.85 $2,562,512.62 $71,068.78 $183,229.23 $192,072.79 $3,008,883.42 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. 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IW O0 zz rr mn'l ,-9,-9 mm r-~ r-~ W ~ -0 Ir r 0 ulu9 ZZZZ~ ~ ~ W E--- r~ ITEM NO. 6b DATE: JUNE 16, 1999 A ENDA MMARY REP RT SUBJECT: REJECTION OF CLAIMS FOR DAMAGES RECEIVED FROM KIRK DRIVING SCHOOL AND RONG WANG (CHINA DINER), AND REFERRAL TO THE JOINT POWERS AUTHORITY, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND The claim from Kirk Driving School was received by the City of Ukiah on May 24, 1999 and alleges damages related to a power outage on May 13, 1999 at 1360 South State Street. The claim from Rong Wang was received by the City of Ukiah on May 25, 1999 and alleges damages related to a power outage on May 14, 1999 at 510 E. Perkins Street (China Diner). Pursuant to City policy, it is recommended the City Council reject the claims as stated and refer them to the Redwood Empire Municipal Insurance Fund (REMIF). RECOMMENDED ACTION: Reject Claims for Damages received from Kirk Driving School and Rong Wang (China Diner); and Refer Them to the Joint Powers Authority, REMIF. ALTERNATIVE COUNCIL POLICY OPTIONS: Alternative action not advised by the City's Risk Manager. Citizen Advised: Yes Requested by: Prepared by: Coordinated with: Attachments: Claimant Michael F. Harris, Risk Manager/Budget Officer Candace Horsley, City Manager 1. Claim of Kirk Driving School, pages 1-5. 2. Claim of Rong Wang (China Diner), pages 6-8. APPROVED:, ~(~~,; ~.,,.4~ mfh:asrcc99 'C'~"~d~ce Horsle~y, City Manager 0616CLAIM THE CITY OF UKIAH, CALIFC :'lliif ................ ~ ...... ~- .................... 1if' .......... ' .... ......... This claim midst be presented, as prescribed by Parts 3 and 4 of Division 3.6, of Tit State of Cafifornia, by the claimant or by a person acting on his/1;er behalf. RETURN COMPLETED FORM TO: 1. CLAIMANT'S NAME: 2. CLAIMANT'S ADDRESS: NOTICE OF CLAIM AGAINST CITY OF UKIAH Attn' City Clerk 300 Seminary Avenue Ukiall, California 95482 Number/Street and/or Post Office Box City State Home Phone Number JMAY 24 1999 CITY OF IIKI^tt CITY ~IE~I('$ DEPARTMF~' Zip Code Work Phone Number l he . PERSON TO WHOM NOTICES REGARDING THIS CLAIM SHOULD BE SENT (if different from above): Name >.-'~r~n q..__. ( ). N~/mber/Street and/or Post Office Box Telephone City State 4. DATE OF TIlE ACCIDENT OR OCCURRENCE: /~fi~ ~ ~'/ / ~ ~ ./'~" ~ 5. PLACE OF ACCIDENT OR OCCURRENCE: Zip Code · 6. GENERAL DESCRIPTION OF THE ACCIDENT OR OCCURRENCE (Attach additional page(s), if mor~. space is needed): ....... ~/~7'~-~,~,~ ~7, /~ 7~ z>.~o.~ ~,,~ />.~ ~¢.~xzV'.:~' ~ S~.~I~ ~' d~,,,:,.,~,v,:.....~--' .... - ~ ....' . . .. . . ~ - ) '~ ~ ...... : ~.~-~' '~ Z~:¢-~ -' ~, :, ~-' :>~-~','~-~,-z~' ~'~' ~r~: ~7" ~ .... .:. 7. NAME(S), ~f known, OF ANY PUBLIC EMPLOYEE(S) ALLEGEDLY CAUSING TIlE INJURY OR LO:S: . WITNESS(ES), ff known (optional): Name Address Telephone a. b. DOCTOR(S)/HOSPITAL(S), ff any, WHERE CLAIMANT WAS TREA TED: Name Address a. Telephone b. 10. GENERAL DESCRIPTION OF THE INDEBTEDNESS, OBLIGATION, INJUR~ DAMAGE OR LOSS so far · ' as_,R, may be known at the time ofp~senlation of the claim: F.~oT~.-1 5-2-.-~]' ./~. ~ /~~ :'.. ' { p~o)atioh :b[ih~.qailn, including the estimated amount of any prospective inju~, damage or loss, insofar ..... a it may be known at th~tlflle of lhe pmsentation of the claim, together with the basis of computation of lhe amount claimed (for computation use ~12 below). Howeve~ ff the amount aaimed exceeds ten thousand dolla~ ($10,000), no dollar amount shall be included in the claim. Howeve~ it shall indicate whether the claim wouM be a limited dvil case (COP ~ 85)." Amount Claimed $ ~ / ~ ] '~ , ~ or Applicable Jurisdiction 12. TIlE BASIS OF COMPUTING TIlE TOTAL AMOUNT CLAIMED IS AS FOLLOWS: a. Damages incurred to date: Expenses for medical/hospital care: Loss of earnings: Special damages for:. General damages: b. Estimated prospective damages as far as known: Future expenses for medical and hospital care: $ .. Future loss of earnings: Other prospective special damages: $ Prospective general damages: $ $ o $ $ $ $. T/tis c/aim must be signed by lhe claimant or by some person on his/her behalf. A claim relat#lg to a cause of action for dealh or for b~jury to the person or to personal property or growing crops shall be presented not later than six (6) calendar months or 182 days after the accrual of the cause of action, .which, ever is longer. Claims relat#~g to any other causes of action shall be presented not later than one (1)j/e~'~'after~ccrual of the cause of action SIGiVA TURE OF CLAIMANT(S) NOIE: This form of claim is for your convenience only. Any other type of form may be used if desired, as long as it satisfies the req~irements of the Governtnent Code. The ~tse of this form is trot it~tended in any way to advise yowl of yo~r legal rights or to inteq)ret any law. ff you are in doubt regarding your legal rights or the inte~pretaliot~ of any law, you should seek legal co~msel of your choice at your own expense. Rev. 5/18/99 /IIEMBER: I/KI/I Ii: ( 7lA MBER ~'( 'fhl IMI',.'RCE .~'7~4 TE OF C;tl. Ii.'ORNI/I: OFFICE of SlllA £L B U$1NE$$ 0 ! t 'NER,~: SIIARON KIItl( I)OUG KIRK I(IRK DRIV'IBI6 SCIIOOL Motor VelJicle Registration On-Line Motor Vehicle Services V.I.N. Verifications Employment Fingerprinting Faxes /h Copies OPERA TOR: SIIARON KIRK INS TR UCIDRS: SIIAR¢)N KilIK DOUG KIRI¢ WENDI ilOIIINSON I'art- Time & ,¥1, ecialty Instrttctors .or listed VERIFIER,Y: DOUG KIRK MARK BI~ICI(Elt 1360 South State St. Ukiah California 95482 Driver Ed. & Defensive Classroom Courses Teen & Adult l)riving Courses Corporate & Off-Road l)riving Courses To: City of IJkiah 3(}0 Seminary Ave. Ukiah California 95482 OFFICE PllONE It: 707-462-0773 FAX ti: 707-462-0792 lnternet: www.l~irkDrivingSchool.com State l,icense Numbers: Driving School: 3281 Registration Service: 36885 Vehicle Verification License': V14372 & V 14538 May 20, 1999 Attn: Ms. Marie Ulvila, City Clerk. Re: Notice of Claim Against the City of Ukiah, California. This letter is to follow-up and document the sequence of events that transpired to effect the damage to one of our computer terminals, from tlJe city of Ukiah's public ulility outage on May 13th, 1999 at al}proximately 5:30 p.tn. that also resulted ill tile loss of power to al}proximately 600 customers. it is our business practice, at the end of our business day, to back-up all data oiJ our computers, prior to shutting them down, One of the computers; a I}ell Pentium 60, running Windows 3.1 does ;Jot have the option of an atttomatic notice of thc nccd to dc-fragment the hard drive, (as is tlJe case ~vitlJ the computers running with in Windows 95 & 98 environments.)That computer nlust I}e lnanually keyed to scan the h;trd drive and de-fragment it prior to being shut down. We ~vere in the process of those functions at lite ~ime that tlJe utilities, (electrical power) surged heavily several ti~nes and caused botlJ the COluputer and the NEC Silent Script Laser Priuter that was hooked tap to it, to slJort-circuit a~Jd sltut down. That particular computer runs tlJe scheduling and student inforlnation soft~vare with Al,l, ofourapl}ointment& customer service records. Wehad to subsequently i}urchasc another computer and printer at Staples in Ukiah and lJrogram the scheduling program into it and re-load thc data front the previous backup arid the days work that was lost frown the backui} of the 13th. Kirk Driving School Page 2. We are billing for rite replacement cost of the computer, additional necessary RAM and the laser printer. The cost of Ibc original equipment was ill excess of the cost of the replacement equipment and we are only billing for the replacement equipment. As well, we are not billing for the elnldoyer/employee and outside programming labor associated with the loss. We are enclosing copies of receipts for our purchases and those receipts also sll(}W trhC lmrcbase of 2 ape baclt-up protection devices, but we have not included billing for those. Please contact ils for any further information you may be in need of ! Thanks for your time and assistance! Regards, I)oug Kirk. ce. S'l' fl I:' !_. [-.-..%: IJ~eat~ble E~ery i.:~ax 1225 filRP0kT PfiRK P,I_~I.~ UK~hH~ C~ 9~4~2 ~ (707)463-7!10 ,SliiNi)(lF:l;, /:,66606 1 00005 1677J SAIL 0.P.,00 05114/99 1'2:24 PM I) I.t F' 1_ '[ {3 tt T E C O F' Y pTY SKU F'RI 1 E~fiClt!NE C08t:'UTER 764296100294 674.9i!'. 1 32ME: SDRfl;4 f4EMORY 75! 49216t1096 59.98 2 fiPC BACK-UPS 200VA ~ 79.99 7 ~ 1304009894 ! 59.9~ SUB TOTflL ~94.94 07.25Z TflX 64.B~ TOTfiL $9~9. ~ NOVUS 959.82 ~CC0l!tl [ NIJME:ER 60110008675041~'~' . ~.1~1 filJTIt!')R!ZfiTIDN NUMBER 09/99 014146 1 5; 5 ?,; F' I:;~ l: 17; E G IJ I~t t';,' F4 N l'E; l:.' EVEt;:Y I"I-EII--EVEI;:Y KIRK DRIVING SCHOOL 1360 SOUTH STATE ST. THANK Y0[IUKI~I-$]i~,~l~48~ SIAPLES! DMV LIC. 3281 IIJnt~eatab /e E~ery 1225 AIRPORT PARK [:I_VB UKIfllt~ Cfi 95482 (707)463-7!10 66660S 1 0000~ 16771 0800 05/14/99 12:24 S'I'ANDfiRD StiLl: D 1.1 I-:' L I C ~t T E C O F' Y (:.!T Y SHJ F' I:'. ] 1 EMfiCH!NE COMPUTER 764296100294 674.9~ 1 32MB SDRfl~ MEMORY 751492168036 2 flF'C B~CK-UF'S 2009fl e 79.99 731304009894 159.913 SUB IOT~L 07.~oZ TAX 64.~ TOTFiL $959. N0gUS 60110008675041,,o AUTtt0R!ZfiTION NIJMBER 09/99 014146 1~557~ pRI[;E [;IJARPII',I'I'E'I: EVEI;eY ITEI,t--EVEI;eY [m~;IY KIRK DRIVING SCHOOL 1360 SOUTtt STATE ST. l'tlfiNK Y(I~IJKI~}$Ii0J/I('/JLgtSJ.) S1 DMV LIC, 328~ NOTICE OF CLAIM AGAINST THE CITY OF UKIAH, CALIFORNIA This claim must be presented, as prescrfbed by Parts 3 and 4 of Division 3.6, of State of California, by the claimant or by a person acting on his/her behalf. RETURN COMPLETED FORM TO: 1. CLAIMANT'S NAME: 2. CLAIMANT'S ADDRESS: CITY OF UKIAH Attn: City Clerk 300 Seminary Avenue Ukiah, California 95482 LCITY OF UK~AH CITY CLERK'S DEPARTMENT .57. Number/Street and/or Post Office Box Oh ,'~A CA c~y 7(ZEZ) ,~ 6 5 - j B 6 4 State Home Phone Number Zip Code (707) 4dZ-O6// /c~': Work Phone Number 3. PERSON TO WHOM NOTICES REGARDING THIS CLAIM SHOULD BE SENT (if different from above): . . N.r,~ ,~ 0 ~ //V a ,t~ Number/Street and/or Post Office Box ~/0 b- perk,',,x St. City Uk/'~.'~ State DA rE OF THE ACCIDENT OR OCCURRENCE: .SA q // ~ ¢ PLACE OF ACCIDENT OR OCCURRENCE: C~i,,~ ~,',, .e.r. ,(707) 462-o6// Telephone CA %--¢$? . GENERAL DESCRIPTION OF THE ACCIDENT OR OCCURRENCE (Attach additional page(s), if more space is needed): . NAME(S), if known, OF ANY PUBLIC EMPLOYEE(S) ALLEGEDLY CAUSING THE INJURY OR LOSS: Se , WITNESS(ES), ff known (optional): Name a. (lk;,~,4 Address Telephone ~ o? - ~'z -/Eo:o DOCTOR(S)/HOSPITAL(S), if any, WHERE CLAIMANT WAS TREATED: Name Address Telephone b. 10. _ . GENERAL' DESCRIPTION OF THE INDEBTEDNESS, OBLIGATION, INJURY, DAMAGE OR LOSS so far as it may be known at the time of presentation of the c/aim: 11. STATE THE AMOUNT CLAIMED if it totals less than ten thousand dollars ($10,000) as of the date of presentation 'of the cia/m, including the estimated amount of any prospective injury, damage or loss, insofar as it may be known._at the time of the presentation of the claim, together with the basis of computation of the a'yii~3Unt c/aimed (for.computation use #12 be/ow). However, if the amount c/aimed exceeds ten thousand dollars ($10, 000), no dollar amount shall be included in the c/aim. However, it shall indicate whether the c/aim ...... WoUld be a limited civil case (CCP § 85).' Amount Claimed $. (~ :7 5'' o-o or Applicable Jurisdiction 12. THE BASIS OF COMPUTING THE TOTAL AMOUNT CLAIMED IS AS FOLLOWS: a. Damages incurred to date: Expenses for medical/hospital care: $ Loss of earnings: 7_C'.o/~ o~ £a~/~s $ :~ oo. Special damages for;. Genera/damages: $ b. Estimated prospective damages as far as known: Future expenses for medical and hospital care: $ Future loss of earnings:. $ Other prospective special damages: $ Prospective genera/damages: $ This claim must be signed by the claimant or by some person on his/her behalf. A claim relating to a cause of~ action for death or for injury to the person or to persona/property or growing crops shall be presented not later than six (6) calendar months or 182 days after the accrual of the cause of action, whichever is longer. C/aims relating to any other causes of action shall be presented not later than one (1) year after accrual of the cause of action. S/GNA TURE dF CLAIMANT(S) Received in the Office of the City Clerk this NOTE: T.his form of claim is for your convenience only. Any other type of form may be used if desired, as !ong as ~.t satisfies the requirements of the Government Code. The use of this form is not intended in any way Zo advise you of your legal rights or to interpret any law. if you are in doubt regarding your legal rights or the interpretation of any law, you should seek legal counsel of your choice at your own expense. Rev. 5/18/99 Ukiah Electric 676 So. Orchard Ave. Ukiah, CA 95482 707-462- 1660 462-5458-~'ax License ;; 713" ' [nvoice~: I:',voice Date: 05:2©; !c~c~9 Order: TO China Diner 510 E. Perkins St. Ukiail. CA 9548~ PROJECT 342 China Diner ~10 E. Perkins St. Ukiah. CA 95482 Description Exhaust fan not working. Remlaced mctcr. . note' Motor seemed to have burned'out due to phase loss the previous P.M. 335.00 Sales Tax: Invoice Total: Retention: Aanount Paid: Please Pay This Amount 335.00 Terms: All invoices are due and payable within of receipt. -~3 - A .¥ervice charge of 18 % per annum will be computed on all amotmts overdue on regular .¥tatemem dates. Please make checks payable to Ukiah Electric. Thank you for your prompt payment AGENDA SUMMARY ITEM NO. 6e DATE: June 16, 1999 REPORT SUBJECT: REPORT REGARDING ACQUISITION OF SERVICES FROM DUTTON ENTERPRISES FOR IMPROVEMENTS TO THE MEN'S LOCKER ROOM IN THE AMOUNT OF $8,261.17 SUMMARY: Section 1522 of the Municipal Code requires that a report be filed with the City Council regarding purchases between $5,000 and $10,000. In accordance with this section, this report is submitted to the City Council regarding the acquisition of locker room improvements for the Police Department. During this fiscal year, the City of Ukiah was awarded $33,832.27 in grant fimds from the Supplemental Law Enforcement Oversight Committee. On October 7th, 1998, the Ukiah City Council conducted a public heating concerning Police Department plans for future expenditures. The Police Department indicated that one of the areas it planned on using the grant funds was for Police Officer Support. At the Department's yearly planning session, staff indicated a concem with current space limitations, within the men's locker room. A plan for improvements to these facilities, first developed in 1997 was used, and the project was sent to six local contractors for bid. Included in these plans were specifications with regard to material, construction and installation. Bids were returned to the Ukiah Police Department, with Dutton Enterprises having the lowest bid of $8,261.17. A purchase order has been issued for these services. RECOMMENDED ACTION: Receive report regarding acquisition of services from Dutton Enterprises, for improvements to the Police Department men's locker room, in the amount of $8,261.17. ALTERNATIVE COUNCIL POLICY OPTION: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: APPROVED: N/A Public Safety Departments - Police, Fire and Dispatch Chris Dewey- Police Sergeant Candace Horsley, City Manager and John Williams, Police Chief 1 :fi34~Analysis C~---"ff~ce Horsley, City l~anager Bids Received: Dutton Enterprises Netherton Woodworks Gary's Cabinet Ukiah Custom Cabinets $8,261.17 $1 O,393.28 $13,725.00 $17,142.84 No Bids: Interior Creations Mendocino Cabinet Company SUBJECT: AGENDA SUMMARY REPORT ITEM NO. 6d DATE: June 16, 1999 ADOPTION OF A RESOLUTION GRANTING CONSENT TO THE TRANSFER OF CONTROL OF THE CABLE TELEVISION FRANCHISE On March 5, 1999, Century Communications Corporation, the ultimate parent corporation of Century Mendocino Cable Television, Inc., the corporation that holds the cable television franchise with the City of Ukiah, entered into a merger agreement with Adelphia Communications Corporation. As a result of the merger, Adelphia will become the ultimate parent company of Century and will be the fifth largest cable television operator in the nation, serving approximately 5 million subscribers. The City of Ukiah has received a written request from Clifford Bail, Vice President - Legal Affairs for Century Communications Corporation, requesting the adoption of a resolution granting consent for the transfer of control of the cable television franchise (attached). Section 1874 (A)(4)(a) of the Ukiah Municipal Code (attached) states that a "franchise shall not in any event be sold, transferred, leased, assigned or disposed of, in whole or in part, either by forced or involuntary sale, or by voluntary sale, merger, consolidation or otherwise without the prior consent of the Council expressed by resolution, and then only under such conditions as may therein be prescribed. Any such transfer or assignment shall be made only by an instrument in writing, such as a bill of sale or similar document, a duly executed copy of which shall be filed in the office of the City Clerk within thirty (30) days after any such transfer or assignment. The said consent of the Council may not be unreasonably refused; provided however that the proposed assignee shall show adequate financial responsibility as determined by the Council, and shall agree to comply with all of the provisions of this Chapter". According to Michael Cline, General Manager, Century Communications in Ukiah, there will be no change in the personnel currently serving Ukiah for the remainder of the existing Franchise Agreement. The existing Franchise Agreement will expire on December 6, 2000, and staff is currently involved in the preliminary stages of negotiations for franchise renewal. In considering the adoption of this resolution, it is important to note that the standard of review for a franchise transfer, in this case a change of control, is different from the standard used to renew a franchise. The issues to be reviewed in the transfer process involve only whether or not the transferee, in the case Adelphia, possesses the legal, technical and financial qualifications to serve as the parent company of the franchisee. Additionally, while the renewal process may take up to 36 months or longer, under FCC rules, a franchise authority has only 120 days from the receipt of the request to review it and act upon the request for consent to the merger. Should the Council choose to take no action within the 120-day period, under federal law, your consent will be deemed granted. After review of the legal, technical and financial qualification of the Adelphia Communications Corporation, it is staffs recommendation that the City Council adopt the proposed resolution. Michael Cline, General Manager of Century Communication in Ukiah has provided you with some additional information concerning the changing telecommunications industry_and will be present to answer an_y__q, uestions. RECOMMENDED ACTION' Adopt the Resolution Granting Consent to the Transfer of Control of the Cable Television Franchise. ALTERNATIVE COUNCIL POLICY OPTIONS: Determine adoption of the resolution is inappropriate and remand to staff with direction. Citizen Advised: N/A Requested by: Century Communications Corporation Prepared by: Michael Flad, Assistant City Manager Coordinated with: Candace Horsley, City Manager David J. Rapport, City Attorney Attachments: 1. Resolution Granting Consent to the Transfer of Control of the Cable Television Franchise. 2. Ukiah Municipal Code Section 1874. 3. Consent Request Letter from Century Communications. 4._: Letter[f'~,~ IViichael Cline APPROVED:\_ ~ ~~.~~'~~--~,~ Candace Horsley, City Mana~r RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH GRANTING CONSENT TO THE TRANSFER OF CONTROL OF THE CABLE TELEVISION FRANCHISE WHEREAS, Century Communications Corporation ("Grantee") currently holds a cable television franchise (the "Franchise") to own and operate a cable television system (the "System")in Ukiah ("Grantor"). WHEREAS, on March 5, 1999, the parent company of the Grantee, Century Communications Corporation ("Century"), entered into an Agreement and Plan of Merger with Adelphia Communications Corporation ("Adelphia") providing for, among other things, the sale of stock and transfer of control of Century to Adelphia; WHEREAS, Century and Adelphia have jointly submitted to the Grantor an application on Federal Communications Commission Form 394, requesting consent for the Transfer of Control and have submitted such other information concerning the Transfer of Control and Adelphia as may be required by law, the Franchise or as requested by the Grantor (collectively, the "Transfer Application"); WHEREAS, Grantee will continue to hold the Franchise and operate the System subsequent to the Transfer of Control of Adelphia; WHEREAS, the Grantor has reviewed the Transfer Application and conducted its review of the legal, technical, and financial qualifications of Adelphia; WHEREAS, all written comments and staff reports have been received and made a part of the record; and WHEREAS, following review, the Grantor believes it is in the best interest of the Grantor to approve the Transfer of Control to Adelphia, as described in the Transfer Application; NOW, THEREFORE, BE IT RESOLVED, that in consideration of the foregoing and the promises set forth herein, the Grantor agrees to the following: 1. Grantor consents to the Transfer of Control to Adelphia or to any wholly owned affiliate of Adelphia as described in the Transfer Application; and the Grantor acknowledges that no further consent is required for the assignment of the Franchise to any affiliate company under common control with or controlled by Adelphia. . Grantor confirms that the Franchise is valid and outstanding and in full force and effect. 3. This resolution shall take effect immediately. PASSED AND ADOPTED this day ,, following roll call vote. ,1999, by the AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jim Mastin, Mayor Marie Ulvila, City Clerk B:RESI CABLE §1873 D) §1874 2. The written acceptance shall be filed by the Grantee not later than one minute after twelve o'clock (12:01) P.M. of the thirtieth day next following the effective date of the ordinance or resolution granting such franchise. 3. In default of the filing of such written acceptance as herein re uir ~rante.e. sh..all be deemed to have rejected and renudi~t,~ ,,--q. ed,_.the · hereafter, me acceptance of the Grantee shall not be r~','~u n~refil~lanbCyn'~hee City Clerk. The Grantee shall have no rights, remedies or redress in the premises unless and until the Council, by resolution, shall determine that such acceptance be received or filed and then upon such terms and conditions as the Council may impose. 4. In any case, and in any instance, all rights, remedies and redress in these premises which may or shall be available to the City shall at all times be available to the City and shall be preserved and maintained, and shall continuously exist in and to the City, and shall not be in any manner or means modified, abridged, altered, restricted or impaired by reason of any of these premises, or otherwise. §1874: LIMITATIONS ON FRANCHISE: A. General Limitations: 1. Every franchise granted under this Article shall be nonexclusive. 2. No privilege or exemption shall be granted or conferred by any franchise granted under this Chapter except those specifically prescribed herein. 3. Any privilege claimed under any such franchise by the Grantee in any street or other public property shall be subordinate to any prior lawful occupancy of the streets or other public property. 4. Any such franchise shall be a privilege to be held in personal trust by the original Grantee. a. A franchise shall not in any event be sold, transferred, leased, assigned or disposed of, in whole or in part, either by forced or involuntary sale, or by voluntary sale, merger, consolidation or otherwise without prior consent of the Council expressed by resolution and then only under such conditions as may therein be prescribed. Any such transfer or assignment shall be made only by an instrument in writing, such as a bill of sale or similar document, a duly 1121 §1874 §1874 A4a) executed copy of which shall be filed in the office of the City Clerk within thirty (30) days after any such transfer or assignment. The said consent of the Council may not be unreasonably refused; provided, however, that the proposed assignee shall show adequate financial responsibility as determined by the Council and shall agree to comply with all provisions of this Chapter; and provided further, that no such consent shall be required for a transfer in trust, mortgage or other hypothecation, in whole or in part, to secure an indebtedness except that, when such hypothecation shall exceed fifty percent (50%) of the market value of the property used by the grantee in the conduct of the cable television system, prior consent of the Council shall be required for such a transfer. Such consent shall not be withheld unreasonably. b. in the event that grantee is a corporation, prior approval of the Council, expressed by ordinance, shall be required where there is an actual change in control or where ownership of more than fifty percent (50%) of the voting stock of grantee is acquired by a person or group of persons acting in concert, none of whom already own fifty percent (50%) or more of the voting stock. c. Nothing herein shall prevent any transfer between a wholly owned subsidiary and a parent company, or a name change which does not reflect any substantive change in the ownership of the grantee's legal entity. 5. Time shall be of the essence of any franchise granted under this Chapter. The grantee shall not be relieved of his obligation to comply promptly with any of the provisions of this ordinance by any failure of the City to enforce prompt compliance. 6. Any right or power in or duty impressed upon any officer, employee, department or board of the City shall be subject to transfer by the City to any other officer, employee, department or board of the City. 7. The grantee shall have no recourse whatsoever against the City for any loss, cost, expense or damage arising out of any provision or requirement of this ordinance or of any franchise issued hereunder, or because of its enforcement, except for such acts as may arise out of the wilful, tortious conduct of the City. 8. The grantee shall be subject to all requirements of City laws, rules, regulations and specifications heretofore or hereafter enacted or established, pursuant to the valid exercise of the police power of the City. 9. Any franchise granted shall not relieve the grantee of any obligation involved in obtaining pole or conduit space from any department of the City, utility company, or from others maintaining utilities in streets. 1122 CENTURY COMMUNICATIONS CORPORATION April 27, 1999 Candace Horsley, City Manager City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Re: Centmy Merger with Adeiphia - Request for Consent to Change of Control Dear Ms. Horsley: We are writing to you about an exciting development for Century Communications Corp. and to formally request any consent from you that may be required by the franchise or applicable law. On March 5, 1999, Century Conununications Corp ("Century"), the ultimate parent corporation of Century Mendocino Cable Television, Inc., the corporation that holds the franchise with your community, entered into a merger agreement with Adelphia Communications Corp. ("Adelphia"). As a result of this merger, Adelphia will become the ultimate parent cmnpany of Century and will be the fifth largest cable television operator in the country, serving approximately 5 million subscribers. Additional information about Adelphia is provided in the attached docmnents. Both Century and Adelphia are excited about the ~nerger. We believe that the cmnbined expertise and initiative of Century and Adelphia will bring our customers superior service and expanded choices in products and services. Our records indicate that the terms of our franchise with your cmnmunity may require that we obtain consent to this change of control. To provide you with all of the information necessary to grant consent to this merger we have enclosed three copies of the Federal Conm~unications Com~nission's (FCC) Form 394. According to the FCC, the Form 394 provides a franchising authority with all of the infom~ation necessary to assess the financial, legal and technical qualifications of the proposed new controlling entity. In considering this information, it is important to note that the standard of review for a franchise transfer, in this case a change of control, is different from the standard used to renew a franchise. The issues to be reviewed in the transfer process involve only whether or not the transferee, in this case Adelphia, possesses the legal, technical as~d financial qualifications to serve as the parent company of the franchisee. Additionally, while the renewal process may take up to 36 months or longer, under FCC rules, a franchise authority has 120 days from receipt of this information to review it and to act upon our request for consent to the merger. Should you choose not to take any action within this 120-day period, under federal law, your consent will be demned granted. 91848.1/A April 27, 1999 Page 2 For your convenience, we have attached a draft resolution which can be used as a model for granting consent. We would hope that you could place this resolution on the agenda for your next meeting. To the extent that you desire to change the form resolution, we would appreciate being involved in that process to ensure that the final language of the resolution you adopt will meet the requirements of the Century/Adelphia Agreement. We hope you will find the prospect of the Century/Adelphia merger as exciting as we do. Please keep in mind that even after the transaction is completed, the franchise will continue to be held by the same franchisee, and there will be no change in local management. The franchisee will continue to be bound by all of the terms and conditions of its franchise agreement with you, mid the only change will be that the franchisee will have a new parent. We would be happy to discuss the proposed transfer in more detail and to answer any questions you may have. Please feel free to contact me at 203/972-2000 or Jeff Butler, Vice President of Operations (707/429-2300, ext. 201) or the individual at Adelphia listed in the enclosed Form 394. We look forward to continuing to serve the cable needs of your community. Very truly yours, Vice President-Legal Affairs 91848.1/A Federal Communications Commission · Washington, DC 20554 FCC 394 Approved By OMB 3060-O573 APPLICATION FOR FRANCHISE AUTHORITY CONSENT TO ASSIGNMENT OR TRANSFER OF CONTROL OF CABLE TELEVISION FRANCHISE SECTION I. GENERAL INFORMATION ~FOR FRANCHISE AUTHORITY USE ONLY DArE April 19, 1999 1. Community Unit Identification Number: CA0233 2. Application for: [~ Assignment of Franchise Transfer of Control 3. Franchising Authority: City of Ukiah, CA 4. Identify community where the system/franchise that is the subject of the assignment or transfer of control is located: City of Ukiah 5. Date system was acquired or (for system's constructed by the transferor/assignor) the date on which service was provided to the first subscriber in the franchise area: 6. Proposed effective date of closing of the transaction assigning or transferring ownership of the .~ystem to transfereeJassignee: Decem~D~er 31, 1986 3rd Quarter 1999 7. Attach as an Exhibit a schedule of any and all additional information or material filed with this ~pplication that is identified in the franchise as required to be provided to the franchising authority when requesting its approval of the type of transaction that is the subject of this application. PART I- TRANSFEROR/ASSIGNOR 1. Indicate the name, mailing address, and telephone number of the transferor/assignor. L.,=~.. al name of Tra~mferor/Assignor (if individual, list last name first) Century' Commun±cations Coz:[:)., Exhibit No. N/A Parent of franchise holder, Century Mendocino Cable Television, Inc. Assumed name used for doing business (if any) Mailing street address or P.O. Box 50 Locust Avenue City I State ZIP Code Telephone No. (include area code) New Canaan CT 06840 203/972-2000 2. (a) Attach as an Exhibit a copy of the contract or agreement that provides for the assignment or transfer of control (including any exhibits or schedules thereto necessary in order to understand the terms thereef). If the[e is only an oral agreement, reduce the terms to writing and attach. (Confidential trade, business, pricing or marketing information, or other information not otherwise publicly available, may be redacted). (b) Does the contract submitted in response to (a) above embody the full and complete agreement between the transferor/assignor and the transferee/assignee? If No, explain in an Exhibit. Exhibit No. 1 Y~ r-I Exhibit No. N/A No FCC 394 (Page 1) September 1996 · PARTII- TRANSFEREE/ASSIGNEE 1. (a) Indicate the name, mailing address, and telephone number of the transferee/assignee. l_eqal name of-l"ransferee/Assignee (if individual, list last name first) .delphia Communications Corporation Assumed name used for doing business (if any) Mailing street address or P.O. Box Main at Water Street City JState ZIPCode TelephoneNo.(includeareacode) Coudersport PA 16915 814/274-9830 (b) Indicatethename,mailingaddress,andtelephonenumberofpersontocontact.ifotherthantransferee/assignee. Name of contact person (list last name first) Randall D. Fisher, Esq. Firm or company name (if any) Adelphia Communications Corporation Mailing street address or P.O. Box Main at Water Street .,, City State ZIP Code Telephone No. (include area code) Coudersport PA 16915 814/274 9830 (c) Attach as an Exhibit the name, mailing address, and telephone number of each additional person who should be contacted, if any. (d) Indicate the address where the system's records will be maintained. Exhibit No. 2 Street Address Main at Water Street City I State Coudersport PA ZIP Code 16915 2. Indicate on an attached exhibit any plans to change the current terms and conditions of service and operations of the system as a consequence of the transaction for which approval is sought. Exhibit No. 3 FCC 394 (Page 2) September 1996 SECTION II. TRANSFEREE'S/ASSIGNEE'S LEGAL QUALIFICATIONS 1. 'l"ransferee/Assignee is: '0 Corporation ~_] Limited Partnership a. Jurisdiction of incorporation: Delaware b. Date of incorporation: 07/01/86 c. For profit or not-for-profit: Profit a. Jurisdiction in which formed: d. Nameandaddressofregisteredagentin jurisdiction: CSC Networks 1013 Centre Road Wilmington, DE 19805 b. Date of formation: c. Name and address of registered agent in jurisdiction: General Partnership Ja. Jurisdiction whose laws govern formation: Individual Ib. Date of formation: Other. Describe in an Exhibit. I Exhibit No. I N/A List the transferee/assignee, and, if the transferee/assignee is not a natural person, each of its officers, directors, stockholders beneficially holding more than 5% of the outstanding voting shares, general partners, and limited partners holding an equity interest of more than 5%. Use only one column for each individual or entity. Attach additional pages if necessary. (Read carefully - the lettered items below refer to corresponding lines in the following table.) (a) Name, residence, occupation or principal business, and principal place of business. (If other than an individual, also show name, address and citizenship of natural person authorized to vote the voting securities of the applicant that it holds.) List the applicant first, officers, next, then directors and, thereafter, remaining stockholders and/or partners. (b) Citizenship. (c) Relationship to the transferee/assignee (e.g., officer, director, etc.). (d) Number of .shares or nature of padnership interest. (e) Number of votes. (0 Percentage of votes. (See Attachment) (b) (c) (d) (e) (0 FCC 394 (Page 3) September 1996 3. If the applicant is a corporation or a limited partnership, is the transferee/assignee formed under the laws of, or duly qualified to transact business in, the State or other jurisdiction in which the system operates? The Transferee is in the process of qualifying the Transferee to transact business in the Jurisdiction where the system operates If the answer is No, explain in an Exhib-it. · 4. ttas the transferee/assignee had any interest in or in connection with an applicant which has been dismissed or denied by any franchise authority? If the answer is Yes, describe circumstances in an Exhibit. Has an adverse finding been made or an adverse final action been taken by any court or administrative body with respect to the Iransferee/assignee in a civil, criminal or administrative proceeding, brought under the provisions of any law or regulation related to the following: any fr~lony; revocation, suspension or involuntary transfer of any authorization (including cable franchises) to provide video programming services; mass media related antitrust or unfair competition; fraudulent statements to another government unit; or employment discrimination? If the answer is Yes, attach as an Exhibit a full description of the persons and matter(s) involved, including an identification of any court or administrative body and any proceeding (by dates and file numbers, if applicable), and the disposition of such proceeding. Are there any documents, instruments, contracts or understandings relating to ownership or future ownership rights with respect to any attributable interest as described in Question 2 (including, but not limited to, non-voting stock interests, beneficial stock ownership interests, options, warrants, debentures)? If Yes, provide particulars in an Exhibit. Do documents, instruments, agreements or understandings for the pledge of stock of the transferee/assignee, as security for loans or contractual performance, provide that: (a) voting rights will rernain with the applicant, even in the event of default on the obligation; (b) in the event of default, there will be either a private or public sale of the stock; and (c) prior to the exercise of any ownership rights by a purchaser at a sale described in (b), any prior consent of the FCC and/or of the franchising authority, if required pursuant to federal, state or local law or pursuant to the terms of the franchise agreement will be obtained? If No, attach as an Exhibit a full explanation. SECTION III. TRANSFEREE'S/ASSIGNEE'S FINANCIAL QUALIFICATIONS 1. The transferee/assignee certifies that it has sufficient net liquid assets on hand or available from committed resources to consummate the transaction and operate the facilities for three months. 2. Attach as an Exhibit the most recent financial statements, prepared in accordance with generally accepted accounting principles, including a balance sheet and income statement for at least one full year, for the transferee/assignee or parent entity that has been prepared in the ordinary course of business, if any such financial statements are routinely prepared. Such statements, if not otherwise publicly available, may be marked CONFIDENTIAL and will be maintained as confidential by the franchise authority and its agents to the extent permissible under local law. SECTION IV. TRANSFEREE'S/ASSIGNEE'S TECHNICAL QUALIFICATIONS Set forth in an Exhibit a narrative account of the transferee's/assignee's technical qualifications, experience an~ expertise regarding cable television systems, including, but not lirnited to, summary information about appropriate management personnel that will be involved in the system's management and operations. The transferee/assignee may, but need not, list a representative sample of cable systems currently or formerly owned or operated. Yes [X] No i E xhibit No. ~/A r"-] Yes ~ No Exhibit No. Yes iX] No Exhibit No. ~/A Yes [~ No Exhibit No. L~ Yes jx] No ExhibitN/ANO. i Yes r--] No Exhibit No. 4 Exhibit5 No. j FCC 394 (Page 4) September 1996 ,SECTION V. CERTIFICATIONS Part I - Transferor/Assignor '" the statements made in the application and attached exhibits are considered material representations, and all the Exhibits are a [erial part hereof and are incorporated herein as if set out in full in the application. I CERTIFY that the statements in this application are true, complete and correct to the best of my knowledge and belief and are made in good faith. (~ WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT. U.S. CODE, TITLE 18, SECTION 1001. Check appropriate classification: Print full name Scott Schneider -'] Individual ~'~ ~-~ Corporate Officer ~ General Partner (Indicate Title) Other. Explain: Sr. Vice President,Chief Financial Officer Part II - Transferee/Assignee All the statements made in the application and attached Exhibits are considered material representations, and all the Exhibits are a material part hereof and are incorporated herein as if set out in full in the application. '[he transferee/assignee certifies that he/she: (a) Has a current copy of the FCC's Rules governing cable television systems. ,_/ Has a current copy of the franchise that is the subject of this application, and of any applicable state laws or local ordinances and related regulations. (c) Will use its best efforts to comply with the terms of the franchise and applicable state laws or local ordinances and related regulations, and to effect changes, as promptly as practicable, in the operation system, if any changes are necessary to cure any violations thereof or de[aults thereunder presently in effect or ongoing. I CERTIFY that the statements in this application are true, complete and correct to the best of my knowledge and belief and are made in good faith. WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT. U.S. CODE, TITLE 18, SECTION 1001. Check appropriate classification: Signature Dale April 19, 1999 Print full name Randall D. Fisher, Esq. J--"] Individual ~ Corporate Officer I~ General Partner (Indicate Title) Other. Explain: Vice President and General Counsel FCC 394 (Page 5) September 1996 OCENTURY COMMUNICATIONS June 2, 1999 Ukiah City Council 300 Seminary Drive Ukiah, CA 95482 RE: Cable Television Franchise Dear Council Member: Within the next few weeks you will have a request to approve transferring the cable television franchise from Century Communications to Adelphia Communications by resolution. To help you better understand the ever-changing landscape surrounding the telecommunications industry, I've put together a packet which contains articles from several leading trade magazines. The packet should give you some insight of the future of the industry and an outside view of Adelphia Communications. If after reading the enclosed packet you have any questions, please feel free to contact me directly. Sincerely, Michael S. Cline General Manager 1060 N. State Street, Ukiah CA 95482 (707) 462-8737 Fax: (707) 462-6973 Top MSOs own 90% of subs j.~/ant to get a good chuckle out of some smaller cable operators? Tell them they're suddenly ranked among the Top 25 MSOs. As large operators gobble up each other or target smaller companies, the huge wave of takeovers in the cable industry has sucked operators onto the list who never expected to be there. "It's almost funny," said Steve Seitz, president of Classic Cable, a new entrant to BROADCASTING & CABLE'S Mergers and acquisitions put more cable homes into fewer hands By John M. Higgins annual ranking, long accustomed to being far lower in such calculations. 34 BROADCASTING & CABLE / MAY 24, 1999 The flurry of takeovers is unprecedented and dramatically changing the complexion of the industry. The Top 25 opera- tors now control 60.8 million subscribers, or about 90% of all U.S. cable homes. Last year's list covered 56.8 million subscribers or about 85% of U.S. cable homes. Some deals worth 'as much as $100 billion have been announced so far this year, driving prices to new highs--past $5,000 per subscriber. New entrants, notably AT&T Corp. Multiple System Operator Total Subs ~ AT&T Broadband .......... ~,~oo,ooo 2 Time Warner· 12,900,000 3Comcast..................... 5,351,600 4 Cox .......................... 5,140,000 5 Adelphia..................... 4,949,000 6ChaPter..................... 3,900,000 7 CablevJsion................. 3,363,000 8 Falcon ....................... ~,113,040 9Insight....................... 1,045,612 10 Jones ........................ -~,oo7,ooo ~ Cable One..................... 735,000 12Mediacom.................... 725,000 13 Bresnan ...................... 658,000 ~4 Prime Cable.................. 546,000 ~5 Multimedia ................... 5~ 5,5o6 ~6 Fanch ......................... 503,000 ~ Classic ........................ 360,000 18 Service Electric............. 293,500 19Northland..................... 271,744 2o RCN CoPp,.................... 269,421 21 Garden State................. 213,714 22Armstrong................... 203,627 23 Ameritech .................... 2oo,ooo 24Susquehanna................. 186,535 25 Galaxy ......................... ~7o,ooo are barging into system auctions armed with bil- lions of dollars in cash and aggressive plans to roll out new services. Operators prize local scale, grab- bing a system group that nicely matches their exist- ing clusters. But they'll settle for sheer mass, as Adelphia Communications' takeovers of Century Communications and FrontierVision Partners demonstrates. Long-established operators such as TCA Cable and Century Communications are looking at prices SI~EC~L R[?~ roughly double those of a year ago and leavine. Some players, like institutional investors Carlv~'e Group and ABRY Partners, bought in after l~st year's list came out and agreed to sell before '..his one was compiled. Ten members of last year's list have disap- peared or are about to: MediaOne Group, Century Communications, Intermedia Partners. Marcu's Cable, Lenfest Group, TCA Cable TV. FrontierVi- sion Partners, Triax Telecommunications. Tele- Leo Hindery Jr., president :. P.O. Box 5630 Denver, CO 80217 (720) 875-6600 www.tci.com Ownership: AT&T Subscribers: 16,200,000' Homes Passed: 25,000,000' Basic Penetration: 65% Number of digital-ready homes: 10,400,000 Digital subscribers: 1,300,000 Number of high-speed Internet-ready homes: 7,500,000 High-speed Internet subscribers: 214,000 'Note: Numbers adiusted for acquisition pt Media0ne and Lentest. and s0inoff of sub- scnbers to Comcast. Joe Collins, chairman and CEO C~b[e 290 Harbor Drive Stamford, CT 06902 (203) 328-0600 ww~v. timewamer, com Ownership: publicly traded Subscribers: 12,900,000 Homes Passed: 21,000,000 Basic Penetration: 61% Number of digital-ready homes: 9,375,000 Digital subscribers: none Number of high-speed Internet-ready homes: 6,000,000 High-speed Internet subscribers: 150,000 Brian Roberts, president Comcast 1500 Market St. Philadelphia, PA 19102 (215) 665-1700 www. comcast.com Top Executive: Ralph Roberts, chairman Ownership: publicly traded; controlled by Roberts family Subscribers: 5,351,600 Homes Passed: 7,572,500 Basic Penetration: 61% Number of digital-ready homes: 1,800,000 Digital subscribers: 129,000 Number of high-speed Internet-ready homes: 1,925,700 High-speed Internet subscribers: 71,600 Note: Total basic subscribers exceeds 8 million. Comcast also essentially controls Jones Intercable, Prime Cable and Garden State, and will manage Lenfest. James Robbins, president and CEO Cox 1400 Lake Heern Dr. NE Atlanta, GA 30319 (404) 843-6000 www. cox. com Ownership: publicly traded, controlled by Cox Enterprises Inc. Subscribers: 5,140,000 Homes Passed: 7,450,000 Basic Penetration: 69% Number of digital-ready homes: 5,500,000 Digital subscribers: 600,000 Number of high-speed Internet-ready homes: 2,500,000 High-speed lntemet subscribers: 200,000 Note: Includes pending takeovers of TCA Cable and Media General Cable John Rigas. chairman Adeiphia 5 West 3rd St. Coudersport, PA 16915 (814) 274-9830 w~vw. adelphla.net Ownership: publicly traded; controlled by Rigas family Subscribers: 4,949,000 Homes Passed: 7,633,000 Basic Penetration: 65% Number of digital-ready homes: Not available Digital subscribers: 46,634 Number of high-speed Internet-ready homes: Not available High-speed lnternet subscribers: 16,455 Note: Includes pending takeovers of Century Commu- nications and FrontierVision MAY 24, 1999 / BROADCASTING & CABLE 35 Media CoTp. In addition. Charter Communications changed hands. Ri~in & Associates has shrunk dramatical- ly, selling most of its systems. Jones Intercable and Prime Cable have essentially come under the con- trol of Comcast. Last year. the smallest operator on the list was 294.000-subscriber Service Electric Cable. Now that Pennsylvania-based company is 18th. without making any acquisitions. Jereld Kent, president and CEO 12444 Powerscourt Dr. Suite 100 St. Louis, MO 63131 (314) 9650555 www. chartemom.com Ownership: privately held; Vulcan Vent. 96% Subscribers: 3,900,000 Homes Passed: 6,100,000 Basic Penetration: 64% Number of digital-ready homes: 976,702 Digital subscribers: Not available Number of high-speed Internet-ready homes: 830,000 High-speed Internet subscribers: 9,800 Note: Covers all pending acquisitions, including Rifkin. Renaissance and Avalon Cable An operator's ranking seems to have no obvious benefits other than an ego boost. But plenty of exec- utives care about where they fall in such rankings. Deal announcements from Comcast and Cox recently emphasized heavily how far their purchas- es would push them up the list. Operators lobby that their subscriber base should be tallied in a particular way, or complain that another operator's method of reporting is suspect. "Just as long as we're in the top 10," said a senior James Dolan, Marc Nathanson, ' !~ ~-:iii Michael W/liner, president and CEO chairman-and. CEO ..~. ~ president and CEO Czble, ,ision iFil'cci1: ble': :/!i :.! '.sight Comm. v~yS~ITIS 10900 WilShire Blvd. * 5~! 126 E. 56th St. Suite 1500::-::~:;:;'i.:~:,:~??~j?_-~ NewYork, NY 10022 One Media Crossways Los Angeles, CA' ':~:~4 (212) 371-2266 Woodbury, NY 11797 (516) 803-2300 90024-6535' · ....:- :-?:?' ::?':!~ www. insight-com.com www. cablevision.com (310) 824-9990 www. falconcable. COm Top Executive: Charles Top Executive: Frank::': Dolan, chairman Intiso, president and Ownership: publicly CO0 :: :::~;'~il traded; major investors include the Dolan fami- Ownership: AT&T ly, AT&T Corp. and Corp., Hellman & Fried- Gabelli Funds Inc. man, Leeway &.Co. Subscribers: 3,363,000 SubscriberS: ~ ,113,040 (12/98) Homes pasSed: '-::' Hemes Passed: 1,776,273. ':./. ' :. ' .. :~.,.;.: ;..: . ~ 5,055,000 Basic Penetration: 63% Basic Penetration: 67% Number of digital-ready Number of digital-ready homes: 270,000 homes: Not available Digital subscribers: Digital subscribers: Not 35,000 : :- launched Number of high-speed Internet-ready homes: Number of high-speed None Internet-ready homes: 800,000 High-speed lnternet High-speed Internet subscribers: None subscribers: 16,000 Top Executive: Klm Kelly, executive VP, COO and CFO Ownership: investor Vestar Capital Partners; filed for IPO in May Subscribers: 1,045,612 Homes Passed: 1,624,477 Basic Penetration: 64% Number of digital-ready homes: 350,000 Digital subscribers: 24,000 Number of high-speed Internet-ready homes: Launched April 1,1999 High-speed Internet subscribers: Not avail- able Ralph Roberts, chairman Comcast g697 E. Mineral Ave. Englewood, CO 80112 (3O3) 792-3111 www. jic. com Ownership: publicly traded; Comcast owns 37% of equity Subscribers: 1,007,000 Homes Passed: 1,603,60O Basic Penetration: 63% Number of digital-ready homes: Not available Digital subscribers: 4,900 Number of high-speed Internet-ready homes: 135,000 High-speed Intemet subscribers: 1,900 Note: Comcast has voting control and manages sys- tems. 30 BROADCASTING & CABLE / MAY 24, 1999 executive of one MSO. The race is different from past waves of consoli- dation. When a number of operators including Cablevision Industries, Viacom, Continental Cable- vision and Hauser Communications started exiting in 1994, they were driven largely by fear. The threat of competition from telcos and wireless cable oper- ators loomed and many couldn't afford to rebuild their systems to keep up. This time the smell of panic is coming from the · . . . .. Thomas O. Might, president and CEO 1314 N. 3rd Street 3rd Floor Phoenix, AZ 85004 ¢602) 364-6OOO www. cableone.net Ownership: The Wash- ington Post Co., Don- aid Graham Subscribers: 735,000 Homes Passed: 1,000,000 Basic Penetration: 74% Number of digital-ready homes: None Digital subscribers: None . Number of high-speed Intemet-ready homes: None High-speed Internet subscribers: None Rocco D. Commisso, chairman and CEO 100 Crystal Run Road Middletown, NY 10941 (914) 695-2600 www. medlacomllc.com Ownership: Rocco D. Commisso and other corporate investors Subscribers: 725,000 Homes Passed: 1,045,000 Basic Penetration: 69% Number of digital-ready homes: 15,000 .Digital subscribers: None Number of high-speed Internet-ready homes: 3,500 High-speed Internet subscribers: 250 Note: Includes oending Triax acquisition buy side, not the sellers. AT&T is desperate to use cable systems to get into the phone business, so it buys Tele-Communications Inc. and moves to snag MediaOne Group. Cox Communications worries that it's too small so it dramatically shifts its major- market operating strategy and buys small-town sys- tem operator TCA. But other buyers simply see an opportunity to make more money. Some truly believe that cable systems can double their revenues by adding digital ~ William J. Bresnsn, .-president and CEO 709 Weatchestar Ave; [(914) 993-6600' · ~ www. bresnan.com 0wnersh;p: ~fliam Bresnan, 10%; AT&T Corp., 50%; Blackstone Capital Partners; 40% Subscribers: 658,000 Homes PasSed: 967,000 :: ~:~- Basic Penetration: 68% Number of digital-ready homes: 616,950 Digital SUbscribers:' 22,810 Number of high-speed Internet-ready homes: 420,000 . .~ . High-speed Intemet subscribers: 4,190 · ~....~' Robert Hughes, chairman Prime (:able One American Center 600 Congress Avenue Suite 3000 Austin, TX 78701 (512) 476-7888 www. primecable.com Ownership: manage- ment, Carlyle Group, Comcast Subscribers: 546,000 Homes Passed: 1,069,000 Basic Penetration: 51% Number of digital-ready homes: 103,445 Digital subscribers: 2,097 Number of high-speed Internet-ready homes: Not available High-speed Internet subscribers: 3,162 Note: Comcast can't take con- trol until 2002 Michael Burrus, president . - . ~:.. , ~¥/. - . '701 [ ~uglas Ave. Wi~ KS ~202 ~.mm~n~s.~m ~nemhip: Canner Co. Subscribam: 515,506 Homes P~ed: 835,471 Basic Pene~on: 62% Number of dig~l-ready homes: Not a~ilable Dig~l subscdbem: 80,068 Number of high-speed Internet-ready homes: Not available High-speed Intemet subscHbem: Not a~il- able 38 BR0ADCASTING & CABLE / MAY 24, 1966 cable, high-speed Interact and telephone services. Others believe that if they bulk up now, they'll be a more attractive takeover candidate and fetch a high- er price later. The shopping spree shows no sign of easing. Joe Duggan, senior vice president of cable investment banker Waller Capital, said that a year ago a system auction would take many weeks, with dozens of financial "books" sent out, and two or three rounds of bids accepted. Now, demand is so high, the auc- tion process doesn't even go the full cycle. "Every single process we've run this year has been pre- empted,'' Duggan said. Buyers simply sweep in and offer prices so fat the sellers bite. Some of the activity is opportunistic. Systems that fit perfectly into a suitor's existing clusters may disappear into the bowels of AT&T or Comcast for- ever. With prices so high, operators have to review their commitment to the business almost weekly. Jack Pottle, president and CO0 1873 S. Bellaire SL Suite 1550 Denver, CO 80222- 4352 (3o3) 756.66oo Top Executive: Robert C. Fanch, chairman and CEO Ownership: Robert C. Fanch, majority owner Subscribers: 503,000 Homes Passed: 755,000 Basic Penetration: 67% Number of digital-ready homes: Not available Digital subscribers: Not available Number of high-speed lnternet-ready homes: Not available High-speed Internet subscribers: Not avail- able J. Merritt Belisle, Margaret Waison, chairman CEO 515 Congress Ave. .~*~e -- 1201 3rd Ave. Suite 2626 Austin, TX 78701 201 W. Centre St. Suite 3600 (512) 476-9095 Mahanoy City, PA Seattle, WA 98101 www. classi~le.com 17948 (206) 621-1351 (57O) 773-2SSS Ownership: John Whet- Ownership: Austin Ven- tures, BT Capital Part- Ownership: Walson zell hers, NationsBank Cap- family Subscribers: 271,744 itel Subscribers: 293,500 (1/98) Subscribers: 360,000 Homes Passed: Homes Passed: Homes Passed: 409,000 417,184 616,000 Basic Penetration: 72% Basic Penetration: 65% Basic Penetration: 58% Number of digital-ready Number of digital-ready Number of digital-ready homes: None homes: Not available homes: 35,000 Digital subscribers: Digital subscribers: Not Digital subscribers: None available 2,400 Number of high-speed Number of high-speed Number of high-speed Internet-ready homes: Internet-ready homes: Internet-ready homes: Not available Not available 10,000 High-speed Intemet High-speed Internet High-speed Internet subscribers: Not avail- subscribers: Not avail- subscribers: Launching able able in June David C. McCour~ chairman and CEO 105 Carnegie Center PHnceton, NJ 08540 (600) 724-37oo www. rcn.com Top Executive: Michael J. Mahoney, president and COO Ownership: publicly traded; 40% Level 3 Communications, Inc. Subscribers: 269,421 (total advanced fiber and traditional cable) Homes Passed: 350,733 (advanced fiber) Basic Penetration: 77% Number of digital-ready homes: Not available Digital subscribers: 99,098 Number of high-speed Internet-ready homes: 350,733 High-speed Intemet subscribers: Not avail- able 42 BROADCASTING & CABLE / MAY 24, 1999 "Some people thought we should have sold two years ago at $2,000 a sub," said Falcon Cable TV president Frank Intiso. We think there's value here. We just don't think it's time." For the top 25, MSOs are ranked by basic sub- scriber counts using the most recent information available. Operators are credited for system acqui- sitions either already completed or for which they have signed definitive agreements as of May 20, 1999. The tabulation of Comcast's portfolio is lower than the company's line to investors because it hasn't really agreed to full ownership of some operations it will manage, including Jones Interca- ble and Prime Cable. But Comcast's ranking wouldn't change even if it were given full credit for everything it manages or partly owns. Operators were also asked about their readiness to deliver digital cable and high-speed Internet service. Few operators are launching telephone service at this point, so phone-readiness is not listed. · Patrick J. McCall, VP and general mgr. 1250 Haddonfield. Berlin Road Cherry Hill, NJ 08034 (609) 354-1660 · www. gardenatateca. hie.corn Ownership: 50% Com- cast, 50% Lenfe~t Communications Subscribers: 213,714 Homes Passed: 303,399 Basic Penetration: 70% Number of digital-ready homes: Digital launch June 1, 1999 Digital subscribers: None Number of high-speed Internet-ready homes: 66,030 High-speed Intemet subscribers: 600 Note: Lenfest is selling to AT&T. One Armstrong Place Butler, PA 16001 (724) 283-092S Top Executive: William C. Stewart, president and CEO Armstrong Cable Services Ownership: privately held; owned by the Sedwick family Subscribers: 203,627 Homes Passed: 251,105 Basic Penetration: 81% Number of digital-ready homes: None Digital subscribers: None Number of high-speed Internet-ready homes: 61,000 High-speed Internet subscribers: 2,002 44 BROADCASTING & CABLE / MAY 24, 1996 AII Shadman;... '~..~- . ....... -, pres/dent -. -: :~: effieCh New 300 S. Rivemlde -~'--- Sui~ 1~ N.. :~ ~.~e~.com- Ownemhip: Amer~ech Co~. Subscdbem: 200,000 Homes P~sed: 1,300,000 B~ic Pene~on: 15% Number of dig~l-ready homes: Not launched. Digit! subscdbem None Number of high'speed Internet-ready homes: In trial High-speed Intemet subscribe~: in trial Peter Brubaker, pres/dent and CEO Susquehanna Cable 140 E. Market SL York, PA 17401 (717) $4a-ssoo www. euaqcomm.com Ownership: privately held; the Appell family owns majority share and Lenfest holds minority stake Subscribers: 186,535 Homes Passed: 240,510 Basic Penetration: 78% Number of digital-ready homes: Not available; rebuilding system Digital subscribers: Not available Number of high-speed Internet-ready homes: Not available; 81azeNet service in some homes High-speed Internet subscribers: Not avail- able; some BlazeNet subscribers Tom Gleason Jr., chairman and CEO Ca leHsio. 1220 North Main SL Sikeaton, MO 63801 (S't3) 472-~200 www. galaxycable.com Top Executive: Jim Gleason, president and COO _. ~ . Ownership: Privately held; majority owners are the Gleason family Subscribers: 170,000 (equivalent basic units) Homes Passed: : 250,000 . _ Basic Penetration: 68% Number of digital-ready homes: 25,000 Digital subscribers: 1,400 Number of high-speed Intemet-ready homes: 21,808 High-speed Intemet subscribers:lO0 www. muitichannei.com RIGAS' DEAL OF THE CENTURY Adelphia Stays on Buying Spree with $5.2B Purchase By KENT GIBBONS After watching Adelphia Communications Corp. double in size in about 10 days, Wall Streeters were scratching their heads over the company's sudden bold- ness and wondering where it's headed. Adelphia emerged last Fri- day as the surprise winner at auction of Century Communi- cations Corp., agreeing to pay about $5.2 billion in stock, cash and assumed debt for Century and its 1.6 million subscribers. Analysts considered the price high -- about $3,600 per sub- scriber, or around 15 times ca- ble cash flow -- and Adelphia's share price fell early Friday while other MSO shares rose. Coudersport, Pa.-based Adel- phia presumably outbid the likes of MediaOne Group Inc. and Charter Communications -- a pair of suitors that already operate in Los Angeles, nome oz Century's 772,000-subscriber joint venture with Tele-Com- munications Inc. Century CEO Bernard Gal- lagher told analysts that chair- man Leonard Tow, who controls Century, saw "significant up- side possibilities" in Adelphial For that reason, Tow chose to take about $1.6 billion, or 75 percent of his consideration, in Adelphia stock, which "he has. no intention of selling," Gal-'* lagher said. Tow will join Adel- phia's board of directors. Tow put Charter up for sale in December, hiring Donald- son, Lufkin & Jenrette Inc. to "explore strategic alterna- tives." That came after Tow and Microsoft Corp. cofounder Paul Allen, principal owner of Charter, were unable to come to terms on a sale price, ac- cording to sources. See ADELPHIA, page 66 I agreement to buy FrontierVi- sion for about $2.1 billion -- again in stock, assumed debt ~:.._ '. :?:~::;:.'~:' .~ .~ and some cash. $5~ billion: AdelPl~i~'~0' ~)~: :'" .::i ' Those acquisitions roughly CommUni~ati°ns i '~ i doubled Adelphia's subscriber Century base to a prb forma 4.7 million Corp., 1.6 million subscribers, ~ ! from 2.3 roll]ion, making it the 3/99 ~ ..... ~ ': I No. 5 MSO. Its annual revenue $4.5 billion: Paul Allen to buy Charter Communications, 1.2 million subscribers,~7/98 $2.8 billion: Alien to buy -. Marcus Cable, 1.1 million subscribers, 4/98 $2.1 billion: Adelphia to buy FrontierVision Partners LP., 700,000 subscribers, 2/99 $700 million: Comcast Corp. to buy control of Jones . Intercable Inc., I million sub* scribers, 8/98 Adelphia has no Los Angeles operations, prompting analysts to speculate that the control- ling Rigas family will try to swap or sell that cornerstone asset, or that chairman John Rigas will attempt to sell the company outright. Possible buyers would in- clude Charter -- especially af- ter Allen takes it public -- and AT&T Corp., which is buying TCI and its 25 percent stake in Century's operation there. Adelphia executive vice pres- ident Timothy Rigas wouldn't rule out anything that might 'enhance shareholder value. Selling or swapping are always possibilities, he said in an in- terview after the deal was an- nounced. But Rigas said his end game right now is to assimilate Cen- tury and the 702,000-sub- scriber FrontierVision Part- ners L.P. systems into Adelphia and to "make sure that the full story is out there." tbase will rise to $2 billion from $528 million in the fiscal year ended March 31, 1998. , While FrontierVisions sys- terns in the Northeast were a . good strategic fit with Adel- phia's, the Century dusters in Los Angeles, Puerto Rico and Colorado Springs, Colo., are not. But the combined Adelphia, FrontierVision and Century operations would have more than 90 percent of subscribers in 11 regional clusters that range in size from the Los An- geles block to ones in Colorado and New Jersey with about 100,000 subscribers apiece. Other big clusters include southeast Florida, with 701,000 subscribers; New Eng- land, with 608,000 subscribers; and Ohio/Kentucky/West Vir- ginia and western New York, with about 500,000 subscribers each. Adelphia and Century beth have significant joint ventures with TCI, containing a total of some 1.3 million subscriber~ That gives Adelphia a good base from which to negotiate a telephony deal with AT&T, Rigas added. The deal for Century came together after DLJ gathered the bids last Tuesday, Rigas said. So Adelphia is still work- ing out many details ofhow the companies will be consolidated, and the company plans to make another presentation to Adelphia's investment stor. analysts this week. Daniels & is "a pure cable play-- as pur Associates Inc. advised Adel- as they get at this size, at 4. phia. million subscribers," Riga Adelphia will issue 48.7 mil- said. "Rebuilding and contim lion new Class A shares to Cen- ing to work on the cash flo~ tury shareholders. Century are the rest of the immedia! Class A shareholders will get plan, he added. 0.6122 shares, plus $9.16 in tion was about $44.14 per sha Analysts said they had expec~ Century to command about $ or $40 per share. Owners of supervoting 'Ch B shares -- Leonard Tow a his wife, Claire -- will get a percent cash premium, $11.81 per share, and a 4 p, cent stock premium, or 0.6 Adelphia shares for each CI~ B share. The Century Class shareholders' total conside~ tion is $48.14 per share, or a tal premium of about 9 perce Including new equity to :issued as part of the Fr( tierVision deal, Adelphia es ~mated that the "float" of shin available to the public wot double from its current si: That extra liquidity could h~ its share price. Moving up in subscriber si could also help Adelphia to n~ row the gap between its m Century's stocks and the l~ ter-performing stocks of Co~ cast Corp. and Cox Commm cations Inc., analysts said. But analysts, includi~ Richard Read of Credit Lyo nais Securities USA, said t] deal was certainly dilutive Adelphia shareholders, as w. the l~rontierV'mion deal. ~It's good for Century shin holders, whether there's a ~ erepaney between A and B hol ers or not,' he added. Looking mhead, Read said, l thinks that Adelphia will ~ out, or that it will at least sell swap the Los Angeles oper tions. But, he added, he cm predict when that might 1~ ~It seems to me that the co solidation of LOs Angeles is a b issue," he said. And even at the price th Adelphia is paying for Centre other operators' stoc~ ~ tra ing at bigger cash-flow multipl than Adelphia's, so it could ~ffo to pay more. Salomon Smith Barney ~n ly~ Spencer Grimes predi~ that Adelphia would swap L Angeles and possibly other Ce tury assets to add systems in 0 Florida and ~r~inia areo. Adelphia might manage swap Colorado Springs to TCI f Pittsburgh, wb]ch is near Ad, phia's hometown, he added. ~ By KENT GIBBONS Adelphia Communica- tions Corp. declared it- . self a "significant con- solidator" with last Tuesday's deal to buy FrontierVision Partners L.P. for about $2.1 billion. Adelphia will acquire 702,000 subscribers, moving it up to about 3 million owned or man- aged customers and making it the ninth-largest MSO. It paid some $3,000 per subscriber, which is about the recent aver- age for sizeable deal& The price was about 14.5 times FrontierVision's 1998 cash flow -- also around the current norm, analysts said. Adelphia chairman John Rigas called FrontierVision's systems ~the largest group of cable systems located within our Northeast region of opera- tions that were likely to come up for sale." Rigas -- who's often asked by analysts what price he uu.yt:l a would take to sell the cf business that he cofounde( 1952 -- also made a poin saying that the deal "help further establish Adelphia ~ significant consolidator ; long-term player in the ce industry.' Wall Street analysts t~ that mainly as an affirmat of the obvious: that Rigas (v has three sons active in - company) and his family 1 the cable business, and tl See ADE].PHIA, pa&e .__ Adelphia: We're Buyers Continued from page 1 they are happy to remain in it. On the other hand, a bigger, bet- ter-clustered operator has more strategic value to other buyers in a consolidating market. wi think that Adelphia was just trying to show that the company believes in the cable business and all of the new services, and that it intends to be active," CIBC Oppenheimer Corp. high-yield analyst Aryeh Bourkoff said. "I don't know if they would look to expand from here, although the com- pany is not a seller of [its] properties right now." The deal also reflects the success that Adelphia and oth- er publicly owned cable opera- tors have had in driving up the value of their stocks, which can then be used to make strategic acquisitions without loading on too much *additional debt. Adelphia's share price was $61.38 the day before the deal was announced -- up 34 per- cent from $45.75 at the end of 1998 and up 82 percent from $33.63 Aug. 21. Adelphia's cur- rent market value is about 11 times analysts' estimates of 1999 cash flow. At that level, it's not too much of a stretch to use stock to pay about 13 times 1999 cash flow in a pri- vate-market transaction. Before cable stocks took a hit along with the market in gener- al last week, the cable group was trading at about 15 times 1999 cash flow estimates, ac- cordinE to Goldman_ Sachs & Co. Adelphia will issue 7 million new shares to FrontierVision, worth about $430 mflhon at last Monday's closing price. It will also pay $550 million in cash and assume $1.1 billion in debt. To raise the cash, Adelphia will sell $750 million in con- vertible preferred and class A stock to the public and to members of the controlling Rigas family. The other $200 million will repay debt. From the sellers' perspec- tive, now is a great time for both long-term owners and fi- nancially oriented, short-time owners -- like the investment banks that backed FrontierVi- sion -- to cash in. Even though FrontierVision has only been in business since 1995, its systems were mostly bought before prices started booming in the past year. FrontierW~sion's systems are a good fit for Adelphia's clus- ters in New England and in Virginia and West Virginia, where 310,000 FrontierVision subscribers reside. The other 392,000 subscribers comprise a new Ohio-Kentucky cluster -- in some ways an extension of Adelphia's holdings in the Buffalo, N.Y., to Pittsburgh corridor. FrontierVision built itself into a top-20 operator through about 30 separate transactions since it was formed by presi- dent James Vaughn and chief financial officer John Koo, backed by J. P. Morgan & ( Brown Bros. Harriman & C First Union Capital and Oly pus Partners are other key ~ J. P. Morgan investme b_ankers advised on the de with help from Waller Capi; Corp., while Daniels & Asso ares Inc. represenr~l Adelph The deal grew out of disct sions about possible systE joint ventures, which were in- ated last year by Daniels Ct Brian Decry on Adelphia's 1 half~ Ultimately, %hey sim! decided that consolidati made more sense," Deevy sa Adelphia is also better po tioned to make the investmt in plant upgrades that z needed to reap new revenu from Interact access, telept ny and digital compressic Koo said. 'I'ney really have t resources and the synergy take our systems up to t next level, and that's th, plan," he added. Morgan Capital Co., the J. Morgan unit that owns abo 25 percent of FrontierVisi equity, will get about 1.7 m lion Adelphia shares. Throu that stock, ~we think of us still being in the game," M( gan Capital managing direct John Watkina said. Watkin.~ added that Morg might make other cable i vestments, but not with t same approach -- buying u dervalued cable systems that FrontierVision took 1995. ~ Adelphia Q1 Sho s Strength on New Services Falcon, Lenfest announce first quarter re lts; Seagram stock takes dive By JosHu^ CHo Adelphia Communications Corp. last week maintained its stance as a long-term player in the media business with the announcement of its first quarter earnings, which showed healthy strength from new services. At the same time, the company said that it would increase its capital spend- ing next year by $200 million to 8750 million in order to upgrade the sys- tems it plans to acquire. Those acqui- sitions include FrontierVision Part- ners, L.P., Century Communications Corp. and Harron Communications Corp., which were announced during the first quarter. "Prior to these announced transac- tions, 55% of Adelphia's plant was at 550MHz or greater. On a pro forma basis after these transactions close, it'll be more like 4096,' said CIBC World Markets cable analyst Aryeh Bourkoff. "So they were set back on that basis. But given the take rates we've seen, the company has incen- tive to spend capital as quickly as pos- sible to upgrade systems and roll out new services.' Indeed, on pro forma basis and tak- ing into account all closed transactions, the company had significant increases in digital cable, Power Link high-speed In- ternet access and telephony subscribers when compared to the previgus year's first quarter. Adelphia's digital cable subscribers grew by 763.0% to just under 60,000; high-speed data subscribers increased by 156.8% to around 20,000 and tele- phone access lines rose by 256.6% to 148.000, including the operations of Adelphia's telephony subsidiary HyPeri;. on Telecommunications Inc. Basic sub- scribers grew by an internal rate of 1.5% during the quarter. On a pro forma basis, giving effect to all transactions which have closed as of May 16, quarterly revenue and operating cash flow increased by 8.7% and 1196, re- spectively, to $250.8 million and 8125.1 million, respectively. Hyperion had first quarter adjusted revenue increases of 211% to 826.5 mil- lion and an adjusted EBITDA loss of $6.6 million compared to $2.4 million on a year-over-year basis. Hyperion attributed the increased loss to higher SG&A expenses as a result of a ramp up in direct sales and marketing Rigas distribution channels and from network expansion. During a conference call to discuss the earnings, Adelphia VP-finance Jim Brown sat on the fence as to a telephony deal with AT&T Corp., saying that there would be short- term branding ben- efits and higher penetration be- cause of that branding. But he also said that a deal like Time Warner's telephony arrange- ment with AT&T wouldn't be neces- sarily attractive. "I don't think that the type of structure that was worked out with Time Warner, where so much of the upside of the business was sold off, would be particularly com- pelling to Adelphia given our invest- ments in telephony assets currently, which isn't to say we've precluded any- thing," Brown said. During the first quarter, the company went fi'om being viewed as a take out tar- get to a contender in the future of mega- MSOs as defined by AT&T Corp.'s Broadband and Internet Services and Time Warner Inc.'s cable systems. "The first quarter of 1999 was one of the most important quarters in Adel- phia's history,' said Adelphia chair- man/CEO John Rigas in a written statement. "Col- lectively these acquisitions will more than double ~ the company in size to nearly $ million cable customers." In other earnings news, Los Angeles- based Falcon Communications, L.P. and Oaks, Pa.-based Lenfest Communications Inc. last week announced operating re- sults for their respective quarters ended March 31. Falcon's cash flow increased by 44.1% in the quarter to 848.0 million compared to 533.3 million in the previous year's compa- rable period. Revenues were up 63.9% to $105.8 million from $64.6 million on a year- over-year basis. The company attributed the increases prindpally to system acquisitions. The company's net loss went up to $27.0 million from $18.9 million in the previous year's comparable quarter, principally because of the impact of ac- quisitions, Falcon said in a statement. The loss was offset by gains of $10.8 million associated with the exchange of certain cable systems in Indiana and Kansas. The company's systems pass roughly 1.6 million homes and serve some one million basic subscribers in 23 states spread out from Alabama to Washington. Lenfest Communications Inc. last week said its first quarter operating cash flow increased 2.9% to $53.8 mil- lion compared to $52.3 million in the previous year's first quarter. The com- pany's operating cash flow margin, how- ever, decreased to 43.2% in the quarter compared to 48.5% in the first quarter of 1998 because of programming and SG&A increases. First quarter revenues came in at $124.8 million, a 15.7% increase on a year- over-year basis. Lenfest's advertising sub- sidiary, Radius-whose results are con- solidated into the company's earnings-- contributed 27.7% of that revenue in- crease. Radius had its first quarter rev- enues climb 72.896 to $11.1 million on a year-over-year basis. Lenfest said it now counts some one million basic subscribers as of the end of the quarter, with 1.4 million homes passed. It had internal customer growth of 2.1% in the quarter with basic penetra- tion of 73.896. Seagram Co. Ltd.'s stock last week Your link. For everything. continued to feel the downward pressure caused by the effects of two surprise reg- istration state- ments filed with the Securities and Exchange Commission to raise $2.5 billion of new equity. As part of the offering, the uncle of Seagram's CEO Edgar Bronfman Jr., Charles Bronfman, said he would sell $500 million in company stock, leading to what some an analysts believe is a sell-off of shares by Seagram investors. In mid-week trading last week, Sea- gram closed at 53 1/8 up 7/16, which was down over 8% from the 58-range lev- el that the stock was trading at May 13, before the equity offering announcement was made. The company said it would use the proceeds of the offering to reduce debt and for general corporate purposes. 5O II~y Z4, 10~ / c~bme World About Adelphia Customer Care Community Power Link PageTime Long Distance For Investors Career Destinations Feedback WE attcmpl 100% satisfaction ensm'mg cacil customer is satisfied with ex'crv outcome. QUALITY ASSURANCE Adelphia cable was founded on the principle that customers are superior judges of service quality. In 1989, we formalized this commitment with a comprehensive service quality assurance program called "Customer Care." Under this program, all Adelphis employees commit to providing customers with prompt, professional, courteous service. ONGOING TRAINING True to Customer Care guidelines, Adelphia devotes considerable time and resources to training and measuring our responsiveness - both on the phone and in the field. Staff training continually challenges employees to improve their skills and knowledge through group programs and individual coaching. We encourage all employees to listen closely to our customers. LISTENING TO YOU At Adelphia, we care about what you think. If you~e experienced service problems with past companies, we hope you'll be pleasantly surprised at the attention you receive from Adelphia. We assure you that our entire staff, including our President, John Riges, listens and responds to each customer who calls or writes. If you do have a concern with your cable service, please put our pledge to the test. Call us anytime - we're here to help. 1 ofl 3/8/1999 6-.39 AM About Adelp, hj.a. Customer Care Community Power Link PageTime Long Distance For Investors Career Destinations Feedback IiTlt CU$$iOIIII Adelphia employees donl just work in the communities they serve - they live there, too! You'll find our people working closely with charities and civic organizations, providing energy and talent as well as financial support. Adelphia is also a charter member of the Cable Foundation for Community Concerns and continues to demonstrate its commitment to the betterment and well-being of our neighborhoods. Were listed a few efforts of which we are par'dcularly proud. CABLE IN THE CLASSROOM Adelphia strongly supports the Cable in the Classroom public service initiative in conjun~on with other cable operators and national cable programmers. Through Cable in the Classroom, Adelphia provides local schools with free basic cable service and more than 525 hours of commercial-free, educational programming each month. Iofl 3/$/1999 6:40 AM AGENDA SUMMARY ITEM NO. 6e DATE: June 16, 1999 REPORT SUBJECT: REJECT ALL BIDS FOR HEWLETT PACKARD COMPUTER SERVER. SUMMARY: Recently, the Ukiah Police Department requested bids for a new Hewlett Packard Server for the Computer Aided Dispatch System. This server was to be purchased with Federal Block Grant funds, and was designed to add redundancy to the existing computer system. Bids were accepted until May 5th, 1999, based upon specifications designed by staff and computer consultants. Ten firms responded with bids which were opened by the City Clerk on May 5th. It has been determined that the specifications for this system have changed and that the specifications originally proposed are no longer appropriate. Thus rejection of all bids is required. The department is currently developing new specifications for the project which will be re-issued to all vendors, including those responding to the initial bid. RECOMMENDED ACTION: Reject all bids for Hewlett Packard computer server. ALTERNATIVE COUNCIL POLICY OPTION: Provide staff with alternative action. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Public Safety Departments - Police, Fire and Dispatch Chris Dewey- Police Sergeant Candace Horsley, City Manager and John Williams, Police Chief 1. Bid Analysis APPROVED: Can~'~e Horsley, C~y~M~nager ,? Z uJ ct. 0 :::::::::::: ::::;:::::::: ::::::::::::: !::::::: (13 ::: :5: :: :¥::::::~: :::::::::::: Z 0.. 0 0 ITEM NO. 6 £ DATE- JUNE 16, 1999 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE DOOLAN CREEK SUBDIVISION, MAJOR SUBDIVISION NO. 97-44 Submitted for the City Council's approval is a Subdivision Improvement Agreement for the Doolan Creek Subdivision, MS 97-44, executed by the Subdivider. Submitted with the Agreement are securities guaranteeing the faithful performance, the payment of materials, and labor related to the construction of public improvements. The securities have been reviewed by the City Attorney and they are acceptable as to form. The Final Map of the Subdivision has been inspected and approved by the City Engineer and a recommendation to approve the Final Map has been made by the Planning Commission. The Subdivision Improvement Agreement requires the Subdivider to complete the required public improvements within one (1) year from the date the Final Map is approved by the City Council. The Conditions of Approval for the Subdivision are contained in Ordinance No. 1008. The Subdivision Improvement Agreement complies with the provisions of Section 66462 of the Subdivision Map Act and Article 14, Chapter 1, Division 9 of the Ukiah Municipal Code. RECOMMENDED ACTION: Approve the Subdivision Improvement Agreement for the Doolan Creek Subdivision, MS 97-44, and authorize the Mayor to execute the Agreement. ALTERNATIVE COUNCIL POLICY OPTIONS: None. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Subdivider. Rick H. Kennedy, Director of Public Works/City Engineer Rick H. Kennedy, Director of Public Works/City Engineer Candace Horsley, City Manager 1. Subdivision Improvement Agreement executed Subdivider. 2. 3. by Security for the Faithful Performance of the Agreement. the Security for the payment of labor and materials in the amount of $211,744 (50% of the cost of public improvements). APPROVED: ....~ ~ Candace Horsley, City Man)~ger RHK:kk R:I~PW ADOOLANCREEK AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS AGREEMENT is made and entered into by and between the City of Ukiah, California, hereinafter referred to as "City", and Rural Communities Housing Development Corporation, hereinafter referred to as "Subdivider", both of whom understand as follows: RECITALS: Subdivider has presented to City for approval a final subdivision map (hereinafter called "Map") entitled "MS 97-44, Doolan Creek Subdivision". The Map has been filed with the City Clerk of City for presentation to the City Council of the City for its approval, which Map is hereby referred to and incorporated herein; Subdivider has requested approval of the Map prior to the construction and completion of improvements, including all streets, highways or public utility facilities which are a part of, or appurtenant to the subdivision (hereinafter called "subdivision") designated in the Map, all in accordance with and as required by the plans and specifications for all or any of said improvements in, appurtenant to, or outside the limits of the subdivision, which plans and specifications are now on file in the office of the City Engineer of the City: City Council on the day of ,1999, adopted Resolution No. approving Map and accepting the dedications therein offered, or some thereof, on condition that Subdivider first enters into and executes this agreement with City and meets the requirements of said resolution; and This agreement is executed pursuant to the provisions of the Subdivision Map Act of the State of California and Chapter 1 of Division 9, Ukiah City Code. NOW THEREFORE, for and in consideration of the approval of the Map and of the dedications offered in the Map, and in order to insure satisfactory performance by Subdivider of Subdivider's obligations under said Subdivision Map Act and said code, the parties agree as follows: 1. PERFORMANCE OF WORK Subdividers will do and perform, or cause to be done and performed, at Subdivider's own expense in a good and workmanlike manner and furnish all required material, AGREEMENT FOR SUBDIVISION IMPROVEMENTS PAGE 1 OF 10 m 1 4. all under the direction and to the satisfaction of the City Engineer of City, all of the following work and improvements within (and/or without) the Subdivision, to wit: The work and improvements described herein and/or shown upon the improvement plans for said Subdivision, on file in the office of the City Engineer of the City of Ukiah, Drawing No. 99-2, which is incorporated herein by reference. The estimated total cost for said improvements is $423,488 as described in the document entitled "Doolan Creek Subdivision, Cost Estimate for Improvements", a copy of which is attached hereto and incorporated herein by reference. The Subdivider shall also do all work and furnish all the materials necessary in the opinion of the City Engineer, and on his order to complete the improvements in accordance with the plans and specifications on file as hereinbefore specified, or with any changes required or ordered by said Engineer, which in his opinion are necessary or required to complete the work. WORK: PLACES AND GRADES TO BE FIXED BY ENGINEER All of said work is to be done at the places, of the materials, in the manner and at the grades, all as shown upon the plans and specifications therefor heretofore approved by City Engineer and which are now on file in his office and to the satisfaction of said City Engineer. WORK: TIME FOR PERFORMANCE Subdivider agrees to complete such work on or before the expiration of one year from the date the Final Map was approved by the City Council. At least fifteen calendar days prior to the commencement of work hereunder, Subdivider shall notify City Engineer in writing of the date fixed by Subdivider for commencement thereof so that City Engineer shall be able to provide services of inspection. TIME OF ESSENCE- EXTENSION Time is of the essence of this agreement; provided that in the event good cause is shown therefor, the City Manager may extend the time for completion of the improvements hereunder. If Subdivider has secured its performance with a Letter of Credit, the City shall not extend the time for performance unless the expiration of the Letter of Credit is extended by the same amount of time. Any such extension may be granted without notice to the Subdivider's surety and extensions so granted shall not relieve the surety's liability on the bond to secure the faithful performance of this agreement. The City Manager shall be the sole and final judge as to whether or not good cause has been shown to entitle Subdivider to an extension. AGREEMENT FOR SUBDIVISION IMPROVEMENTS PAGE 2 OF 10 5. REPAIRS AND REPLACEMENTS Subdivider shall replace, or have replaced, or repair, or have repaired as the case may be, all pipes and monuments shown on the Map which may have been destroyed or damaged and Subdivider shall replace or have replaced, repair or have repaired, as the case may be, or pay to the owner, the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder whether such property be owned by the United States or any agency thereof, or the State of California, or any agency or political and subdivision thereof, or by the City or by any public or private corporation, or by any person whomsoever, or by any combination of such owners. Any such repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 6. PERMITS: COMPLIANCE WITH LAW Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction of such improvements, give all necessary notices and pay all fees and taxes required by law. 7. SUPERINTENDENCE BY SUBDIVIDER Subdivider shall give personal superintendence to the work on said improvement or have a competent foreman or superintendent satisfactory to the City Engineer on the work at all times during progress with authority to act for Subdivider. 8. INSPECTION BY CITY Subdivider shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work and to the shops wherein the work is in preparation. 9. CONTRACT SECURITY Concurrently with the execution hereof, Subdivider shall furnish improvement security consisting of one or more of the following: (1) a cash deposit or deposits made with the City, (2) a bond or bonds by one or more duly authorized corporate sureties or (3) an instrument or instruments of credits from one or more financial institutions subject to regulation by the state or federal government pledging that the funds necessary to meet the performance are on deposit and guaranteed for payment and agreeing that the funds designated by the instrument shall become trust funds for the purposes set forth in the instrument. Said improvement security shall be in the amounts and for the following purposes: (a) an amount equal to or at least one hundred (100%) percent of the total estimated cost of the improvement AGREEMENT FOR SUBDIVISION IMPROVEMENTS PAGE 3 OF 10 10. 11. conditioned upon the faithful performance of this agreement and (b) an additional amount equal to not less than fifty (50%) of the total estimated cost of the improvement securing payment to the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to them for the improvement. Any reductions authorized to be made in the amount of the improvement security shall be effected by a refund from any cash deposits made or a partial release of any surety bond or instrument of credit. If Subdivider deposits a cash security with City, it shall have no obligation to account to Subdivider for interest on said deposit from the date of deposit until said security is expended or returned to Subdivider. City shall have no obligation to record the Map unless or until Subdivider has executed this Agreement and furnished contract security as required by this Agreement. RELEASE OF SECURITY Reductions in the faithful performance improvement security may be made in such amounts as in the opinion of the City Engineer and the City Manager will equal not more than ninety (90%) percent of the estimated cost of improvements then satisfactorily completed. Said reductions shall be authorized upon the filing with the City Clerk of a written certification by the City Engineer and the City Manager that the work covered thereby has been satisfactorily completed and stating the amount of the reduction authorized. The balance of said improvement security shall be released after one (1) year following the acceptance of such improvements by City provided that Subdivider has fully complied with all conditions of this agreement including Section 15 thereof; provided, labor and material security may be released six (6) months after acceptance of work. HOLD-HARMLESS AGREEMENT Subdivider hereby agrees to, and shall hold City, its elective and appointive boards, commissions, officers, agents and employees harmless from any liability for damage or claims for damage for personal injury, including death as well as from claims for property damage which may arise from Subdivider's or Subdivider's contractors, subcontractors, agents or employees operations under this agreement whether such operations be by Subdivider or by any Subdivider's contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for, Subdivider or any Subdivider's contractors or subcontractors. Subdivider agrees to and shall defend City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused or alleged to have been caused by reason of any of the aforesaid operations; provided as follows: a. That City does not and shall not waive any rights against Subdivider which it may have by reason of the aforesaid hold-harmless agreement because AGREEMENT FOR SUBDIVISION IMPROVEMENTS PAGE 4 OF 10 12. of the acceptance by City or the deposit with City by Subdivider or any of the insurance policies described in paragraph 12 hereof. bo That the aforesaid hold-harmless agreement by Subdivider shall apply to all damages and claims for damages of every kind suffered or alleged to have been suffered by reason of any of the aforesaid operations referred to in this paragraph regardless of whether or not City has prepared, supplied or approved of plans and/or specifications for the subdivision or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. SUBDIVIDER'S INSURANCE Subdivider shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Subdivider, his agents, representatives, employees or subcontractors. A. MINIMUM SCOPE OF INSURANCF Coverage shall be at least as broad as: . Insurance Services Office form number GL 0002 (Ed. 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001). . Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. . Worker's Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance, if Subdivider has employees who will directly or indirectly provide service or support Subdivider in his provision of services under the Agreement. B. MINIMUM LIMITS OF INSURANCF Subdivider 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, either the AGREEMENT FOR SUBDIVISION IMPROVEMENTS PAGE 5 OF 10 general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. . Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. . Worker's Compensation and Employer's Liability: Worker's Compensation limits as required by the Labor Code of the State of California and Employer's Liability limits of $1,000,000 per accident. Gm DEDUCTIBLES AND SELF-INSURED RETENTION~ 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 the City, its officers, officials, employees and volunteers; or the Subdivider shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain, the following provision: . General Liability and Automobile Liability Coverages a. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects 1) liability arising out of activities performed by or on behalf of the Subdivider, 2) products and completed operations of the Subdivider, 3) premises owned, occupied or used by the Subdivider, or 4) automobiles owned, leased, hired or borrowed by the Subdivider. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. b. The Subdivider's insurance coverage shall be primary insurance as respects 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 Subdivider'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. AGREEMENT FOR SUBDIVISION IMPROVEMENTS PAGE 6 OF 10 13. do The Subdivider'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 Employer's Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees or volunteers for losses arising from work performed by the Subdivider for the City. 3. 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 (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. E. ACCEPTABILITY OF INSURERS Insurance is to be placed with insurers with a Best's rating of no less than A:VII. F. VERIFICATION OF COVERAGF Subdivider shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. 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 by the City. Where by statute, the City's worker's 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 work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. G. SUBCONTRACTORS Subdivider shall include contractual liability in its coverage of all contractors and subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each such contractor or subcontractor. All coverages for contractors or subcontractors shall be subject to all of the requirements stated herein. TITLE TO IMPROVEMENTS AGREEMENT FOR SUBDIVISION IMPROVEMENTS PAGE 7 OF 10 Title to and ownership of all public improvements and infrastructure utilized to deliver utilities provided by City constructed hereunder by Subdivider shall vest absolutely in City upon completion and acceptance of such improvements by City, free of all liens, claims or other encumbrances and, as it pertains to public street improvements, upon the acceptance of the street within the City's Maintained Street System by resolution of the City Council as required by Streets and Highways Code Section 1806. 14. REPAIR OR RECONSTRUCTION OF DEFECTIVE WORK 15. If, within a period of one year after final acceptance of the work performed under this agreement, any structure or part of any structure furnished and/or installed or constructed, or caused to be installed or constructed by Subdivider, or any of the work done under this agreement fails to fulfill any of the requirements of this agreement or the specifications referred to herein, Subdivider shall without delay and without any cost to the City repair or replace or reconstruct any defective or otherwise unsatisfactory part or pads of the work or structure. Should Subdivider fail to act promptly or should the exigencies of the case require repairs or replacements to be made before Subdivider can be notified, City may at its option make the necessary repairs or replacement or perform the necessary work and Subdivider shall pay to City the actual cost of such repairs plus fifteen (15) percent. SUBDIVIDER NOT AGENT OF CITY Neither Subdivider nor any of Subdivider's agents or contractors are or shall be considered to be agents of City in connection with performance of Subdivider's obligations under this agreement. 16. COST OF ENGINEERING AND INSPECTION Subdivider shall pay City for all engineering, inspection, and other services furnished by City in connection with the subdivision. Where fees are established for such engineering, inspection or other services by ordinance or regulation of City, Subdivider shall pay on the basis of those established fees. Where no fees are established Subdivider shall pay the actual cost to City. City shall furnish statements of all charges for services performed by City and Subdivider shall complete payment of such charges within ten (10) days to take over the performance of the contract and does not commence performance thereof within five days after notice to City of such election, City may take over the work and prosecute the same to completion by contract or by any other method City may deem advisable for the account and at the expense of Subdivider and Subdivider's surety shall be liable to City for any excess cost or damages occasioned City thereby; and in such event City, without liability for so doing, may AGREEMENT FOR SUBDIVISION IMPROVEMENTS PAGE 8 OF 10 17. take possession of and utilize in completing the work such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary therefor. NOTICES All notices herein required shall be in writing and delivered in person or sent by certified mail, postage prepaid. Notices required to be given to City shall be addressed as follows: City Engineer City of Ukiah 300 Seminary Avenue Ukiah, California 95482 Notices required to be given to Subdivider shall be addressed as follows: Duane Hill, Executive Director Rural Communities Housing Development Corporation 237 E. Gobbi Street Ukiah, CA 95482 Notices required to be given surety of Subdivider shall be addressed as follows: Martin J. Lombardi, Vice President Savings Bank of Mendocino County Post Office Box 3600 Ukiah, California 95482 AGREEMENT FOR SUBDIVISION IMPROVEMENTS PAGE 9 OF 10 Provided that any party or the surety may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. DATED AND EFFECTIVE this day of ,1999. CITY OF UKIAH ATTEST: BY: JIM MASTIN, MAYOR MARIE ULVILA CITY CLERK "Subdivider" RURAL COMMUNITIES HOUSING DEVELOPMENT CORPORATION R:lV~GREEMENTS.2 DOOLANCRK.AGR By: Duane Hill, Executive Director AGREEMENT FOR SUBDIVISION IMPROVEMENTS PAGE 10 OF 10 DOOLAN CREEK SUBDIVISION COST ESTIMATE FOR IMPROVEMENTS Item DESCRIPTION TOTAL AMOUNT AMOUNT REMAINING THIS DATE 1 Subdivision Plan Improvements $474,746 $384,988 2 City Electrical Costs 18,450 18,450 3 Lot Monumentation 3,000 3,000 4 FEMA Fee 2,300 2,300 SUBTOTAL $408,738 Contingency 14,750 TOTAL $423,488 AGREEMENT FOR SUBDIVISION IMPROVEMENTS PAGE 11 OF 10 CITY OF UKIAH INSTRUMENT OF CREDIT -- FAITHFUL PERFORMANCE DOOLAN CREEK SUBDIVISION By order of Rural Communities Housing Development Corporation, hereinafter referred to as "SUBDIVIDER", from their account, we hereby authorize the City of Ukiah, hereinafter referred to as "CITY", to draw upon us up to the aggregate sum of Four Hundred Twenty Three Thousand Four Hundred Eighty Eight Dollars and no/100s ($423,488.00) which sum is herein ret-~rred to as "improvement security" and which is payable upon CITY'S drafts, at sight, accompanied by the signed statement of its authorized representative that the amount is required in connection with the SUBDIVIDER'S failure to complete fully the improvements in connection with the development of Doolan Creek Subdivision in accordance with the Subdivision Improvement Agreement between SUBDIVIDER and CITY. This improvement security is pursuant to and subject to Section 66499 of the Government Code (Subdivision Map Act) of the State of California. Drafts may be drawn and negotiated until such time as County accepts the improvements referred to in the aforesaid Subdivision Improvement Agreement. We hereby authorize CITY and SUBDIVIDER to extend the time specified for the completion and acceptance of said improvements, during which extension this instrument of credit shall remain totally valid and effective. All drafts drawn under this credit must bear its date and number, and the amounts must be endorsed on the reverse side of this letter of credit by the negotiating bank. We hereby agree with drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this credit that such drafts will be duly honored upon presentation to us. The foregoing sums are trust funds on behalf of CITY and are given for the faithful performance of said Subdivision Improvernent Agreement and may be released only upon final completion of the work by SUBDIVIDER and acceptance of the work by CITY. Said funds shall not be subject to enforcement of a money judgement by any creditors of the depositor until the obligations secured thereby are performed to the satisfaction of the County. Any liability upon this security shall be limited as specified in Government Code Section 66499.9 Dated: April 14, 1999 THIS INSTRUMENT EXPIRES: October 14, 1999 SAVINGS ~J~~OCINO Letter of Credit/-/990995 COUNTY CITY OF UKIAH INSTRUMENT OF CREDIT -- LABOR AND MATERIALS DOOLAN CREEK SUBDIVISION By order of Rural Communities Housing Development Corporation, hereinafter referred to as "SUBDIVIDER", fi'om their account, we hereby pledge that funds in the aggregate sum of Two Hundred Eleven Thousand Seven Hundred Forty Four Dollars and no/100s ($211,744.00) which sum is herein referred to as "improvement security", are trust funds and are on deposit and guaranteed for payment to the Contractor, his Subcontractor and to persons renting equipment or furnishing labor or materials to them for the improvements agreed to be performed in connection with development of Doolan Creek Subdivision as provided in the Subdivision Improvement Agreement between SUBDIVIDER and CITY. We further agree said funds shall secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California for all contractors, subcontractors, laborers, material men and other persons employed in the performance of the aforesaid agreement as well as for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said instrument of credit will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this instrument, will pay in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees incurred by the City in successfully enforcing said obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered. It is expressly stipulated and agreed that this instrument shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this instrument. It is also stipulated and agreed that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect the obligations herein, and therefore there is our express waiver of notice of any change, extension, alteration or addition to said agreement. This improvement security may, six months after completion of the work by SUBDIVIDER and acceptance of the work by CITY, be reduced to an amount not less than the total of all claims on which an action has been filed and notice thereof given in writing to the CITY, and if there are no actions filed, the improvement security may be released in full. Dated: April 14, 1999 THIS INSTRUMENT EXPIRES: October 14, 1999 ~lean~t2'; Jvi~;'ddient Letter of Credit #990994 COUNTY SUBJECT: ITEM NO. 6g DATE: JUNE 16, 1999 AGENDA SUMMARY REPORT ADOPT RESOLUTION APPROVING THE FINAL MAP FOR THE DOOLAN CREEK SUBDIVISION, MS 97-44, AND ACCEPTING ON BEHALF OF THE PUBLIC VARIOUS F---ASEMENTS AND PARCELS IN FEE OFFERED FOR PUBLIC USE AND BENEFIT Submitted for the City Council's adoption is a Resolution approving the Final Map for the Doolan Creek Subdivision, MS 97-44, and accepting on behalf of the public, various easements and parcels in fee offered for public use and benefit. On July 1, 1998, the City Council adopted Ordinance No. 1008 amending the Official Zoning Map for the City of Ukiah and approving the Doolan Creek Subdivision and planned development project with 28 conditions of approval as detailed in Exhibit "B" to the ordinance. Improvements have been approved by the City Engineer and are on file with the City. The City Engineer has examined the Final Map and has certified that the Subdivision as shown on the Final Map is substantially the same as it appeared on the conditionally approved Tentative Map No. MS 97-44 and that all provisions of Chapter 2, Division 2, Title 7 of the State of California Government Code, and the provisions of Division 9 of the City of Ukiah Municipal code, applicable at the time of approval of the Tentative Map, have or will be complied with. The City Engineer is satisfied that the Final Map is technically correct. The Planning Commission, pursuant to Section 8273 of the Ukiah Municipal Code, has examined the Map and finds that the Map conforms with actions on the Tentative Map. Therefore, the Commission recommends to the City Council that the Final Map be approved. CONTINUED ON PAGE 2 RECOMMENDED ACTION: Adopt Resolution Approving the Final Map for the Doolan Creek Subdivision, MS 97-44, and Accepting on Behalf of the Public Various Easements and Parcels In Fee Offered for Public Use and Benefit. ALTERNATIVE COUNCIL POLICY OPTIONS: None. Citizen Advised: N/A Requested by: Prepared by: Coordinated with: Attachments: APPROVED' rHK:kk R:I~W ADOOLANCR.2 Rick H. Kennedy, Director of Public Works/City Engineer Rick H. Kennedy, Director of Public Works/City Engineer Candace Horsley, City Manager 1. Resolution for Adoption. 2. Reduced copy of Final Map. 3. L~~ No.___: 10__08' Can~a~e Horsley, City I~nager Adopt Resolution Approving the Final Map for the Doolan Creek Subdivision, MS 97-44 and Accepting on behalf of the Public Various Easements and Parcels in Fee Offered for Public Use and Benefit June 16, 1999 Page 2 Pursuant to Section 66462 of the Subdivision Map Act and Article 14, Chapter 1, Division 9 of the Ukiah Municipal Code, the Subdivider has elected to enter into a Subdivision Improvement Agreement with the City, secured by an appropriate and authorized security, which will require and guarantee the construction of the conditioned public improvements as cited in Ordinance No. 1008 within one (1) year from the date of approval of the Final Map. The Subdivision Improvement Agreement has been presented to the City Council for approval in the previous Agenda Summary Report. The following easements and grants in fee have been offered on the Final Map: 1. Parcel A, in fee interest. Currently a drainage easement to the City of Ukiah. 2. Creekside Court, in fee interest, to be used as a public street and for incidental purposes. , Drainage easement denoted as "Doolan Creek Public Drainage Easement" along Lots 1 through 7, inclusive. = A 10 foot wide public utility and sidewalk easement on both sides of Creekside Court. , A 10 foot wide public storm drain easement along the backside of Lots 7 and 8. , , A 10 foot wide public storm drain easement over an existing 10 foot sewer easement along the rears of lots 14 through 16 inclusive. Nine 5 foot wide public utility easements of various lengths along each side yard of several lots. Adoption of the Resolution will accept the above described easements and in fee interests. Pursuant to Section 66474.1 of the State Map Act, a legislative body shall not deny approval of a Final Map if it has previously approved a Tentative Map for the proposed Subdivision, and if it finds that the Final Map is in substantial compliance with the previously approved Tentative Map. RHK:kk R:I~W ADOOLANC.2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING THE FINAL MAP FOR THE DOOLAN CREEK SUBDIVISION, MS 97-44, AND ACCEPTING ON BEHALF OF THE PUBLIC, VARIOUS EASEMENTS AND PARCELS IN FEE OFFERED FOR PUBLIC USE AND BENEFIT WHEREAS, on June 17, 1998, upon receiving a recommendation from the Planning Commission, the City Council approved the Negative Declaration for the Zone Change/Development Plan/Subdivision Map No. 97-44 as proposed by Rural Communities Housing Development Corporation (Subdivider) for a 3.11 acre site at the southern terminus of Mulberry Street and said Negative Declaration was filed with the Mendocino County Recorder on June 22, 1998; and WHEREAS, on June 17, 1998, the City Council introduced an ordinance Amending the Official Zoning Map to Rezone the Project Area from Multiple Residential to Planned Development, Approving the Development Plan and Conditionally Approving the Tentative Subdivision Map to allow the Division of the 3.11 acre site into 23 parcels; and WHEREAS, on July 1, 1998, the City Council adopted Ordinance No. 1008 Amending the Official Zoning Map of the City of Ukiah and Conditionally Approving the Tentative Subdivision Map MS97-44 for Doolan Creek Subdivision and Planned Development Project ("Tentative Map"); and WHEREAS, the subdivider has requested the City Council's approval of the Final Subdivision Map prior to the construction and completion of the required improvements which are a part or appurtenant to the subdivision and the subdivider has entered into an "Agreement for Subdivision Improvements" with the City which said agreement provides Resolution No.:. Page I of 3 for the satisfactory performance of Subdivider's obligations to construct said improvements at its cost; and WHEREAS, the Subdivider has furnished appropriate improvement security which guarantees the performance of said subdivision agreement; and WHEREAS, the City Engineer has certified on the Final Subdivision Map that he has examined the Final Map and has determined that the subdivision shown thereon is substantially the same as it appears on the Tentative Map and any approved alternations thereof and further states that the Final Map is in compliance with Title 7, Division 2, Chapter 2, of the Government Code of the State of California and the Local Subdivision Ordinance of the City; and WHEREAS, the Planning Commission has inspected the Map and has ordered its Chairman to certify on the Final Map that the Commission has examined the Final Map and found that it conforms with the Tentative Map thereof and therefore approves the Final Map. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Ukiah hereby approves the Final Map of the Doolan Creel( Subdivision, MS 97-44, (Exhibit "A") and accepts on behalf of the public street rights-of-way in fee (Creekside Court), pt~blic storm drainage easements, the Doolan Creek Public Drainage Easement, Parcel A in fee and public utility and sidewalk easements all as shown and as offered for public use on the Final Map. The City Council hereby directs the Mayor to execute the City Co~Jncil statement on the Final Map. Resolution No.: Page 2 of 3 ._.~'/ Passed and adopted on this following roll call vote. AYES: NOES: ABSTAIN: ABSENT: day of ,1999, by the ATTEST: Jim Mastin, Mayor Marie Ulvila City Clerk B:I~RES1 DOOLANCRK Resolution No.:_ Page 3 of 3 ",4 t~.C. 2, I)R. 37, ?O. 50, tll.C.r. CBLL~Sll)[ c ~-e .... t---'-/V-~ I§ ,262 OX $1 CItY et' 61] O.3L ]17 U,. C. 2, OR. 51, PG. 6 U.C.R. 1 2 3 4 ORDINANCE NO. 1008 AN ORDINANCE OF THE CITY COUNCIL OF UKIAH AMENDING THE OFFICIAL ZONING MAP FOR THE CITY OF UKIAH, CALIFORNIA AND APPROVING THE DOOLAN CREEK SUBDIVISION AND PLANNED DEVELOPMENT PROJECT The City Council of the City of Ukiah ordains as follows: SECTION ONE 7 8 9 10 11 12 13 14 15 Pursuant to the procedures set forth in Section 9009 of the Ukiah City Code, the Official Zoning Map for the City of Ukiah is amended to change the zoning on a Assessor Parcel No. 003-530-23 from R-3 (Multiple Residential) to PD (Planned Development). Additionally, pursuant to Sections 9165-9167 of the Ukiah City Code, the Doolan Creek Planned Development is hereby established. The Planned Development encompasses 3.11 acres at the terminus of Mulberry Street, on Assessor Parcel No. 003-530-23, and is identified on the map attached as Exhibit "A". SECTION TWO 16 The rezoning action and amendment to the Official Zoning Map of the City of 17 Ukiah is to classify the subject property as "PD" (Planned Development) and is 18 necessary to allow relaxed development standards for the proposed project. 19 SECTION THREE 2O 21 22 23 24 25 26 27 The rezoning action is reasonable and appropriate because it satisfies goals and of the Ukiah General Plan that support individual home ownership and the creation of Iow and moderate income housing. SECTION FOUR The Development Plan for this Planned Development, as prescribed in Ukiah City Code Section 9167(b), and attached as Exhibit "A", is approved. 28 ORDINANCE NO. 1008 Page 1 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 SECTION FIVE Development standards not addressed in the Planned Development regulations delineated in Section Five shall be those specified in the City of Ukiah Zoning Code. SECTION SlX The regulations for this Planned Development, as prescribed in Ukiah City Code Sections 9166 and 9167(b), are as follows: A. USES 1. Single family residential; one dwelling unit per parcel. B. DEVELOPMENT STANDARDS 1. Building Heights: Dwellings, maximum height of 30 feet; Accessory structures, maximum height of 20 feet. 2. Building Site Areas: Parcel sizes and configurations shall be as shown on the Development Plan. 3. Building Setbacks: Front, 20 feet; Side, 5 feet; Rear, 15 feet 4. On-site Parking: Two spaces (9' x 20') per dwelling unit; No on-street parking shall be permitted in the culs-de-sac. SECTION SEVEN The approval of the Development Plan shown as Exhibit "A" and the Tentative Subdivision Map shown as Exhibit "C", and entitled Doolan Creek Subdivision, shall also be subject to the specified Conditions of Approval, which are included as Exhibit "B" of this ordinance. ORDINANCE NO. 1008 Page 2 of 5 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 SECTION EIGHT Based on the analysis and conclusions contained in the Initial Study, the City Council concluded that the proposed rezoning project would not have a significant adverse effect on the environment, and adopted a Negative Declaration. SECTION NINE The approval of the proposed project is based on the following findings: 1. The proposal is consistent with the goals, objectives and policies of the Ukiah General Plan since it would provide individual home ownership for person with Iow to moderate incomes, provides energy-efficient designs and landscaping that would be compatible with passive solar techniques, and provides on-site recreation areas; 2. The location, size and intensity of the proposed single family neighborhood would not create a hazardous or inconvenient vehicular or pedestrian traffic pattern since the City Engineer has determined that the extension of Mulberry Street is not warranted by the size of the proposed development and that the proposed public access road shown on project plans as Creekside Court is consistent with the requirements for cul-de-sac streets, and a secondary access approved by the Fire Marshal will be provided for emergency access; 3. The accessibility of off-street parking areas and its location relative to traffic on the proposed public street would not create a hazardous or inconvenient condition since required off-street parking would be provided for each residential unit and parking in the culs-de-sac would be prohibited by the Ukiah Fire Code; 4. Sufficient landscaping areas and plantings would be available to provide screening of residential structures from the site; ORDINANCE NO. 1008 -'~'~=~ 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o . The use of passive solar methods would not be inhibited by the proposed location of the residential structures and the location and types of landscaping that would be planted on the site; The proposed development would not excessively damage or destroy natural features since proposed modifications to Doolan Creek would be consistent with creekside restoration policies of the Ukiah General Plan and the riparian requirements of the California Depadment of Fish and Game and the U.S. Army Corps of Engineers. There is sufficient variety, creativity and articulation in the proposed design of the structures and grounds to avoid monotony and a box-like appearance since the residential structures will utilize a variety of designs and orientations, including the use of both one-story and two-story structures. SECTION TEN This ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah. SECTION ELEVEN This ordinance shall become effective 30 days after its adoption. INTRODUCED BY TITLE ONLY on the 17th day of June, 1998, by the following roll call vote: AYES: Councilmembers Kelly, Mastin and Mayor Malone NOES' None ABSENT: Councilmembers Chavez and Ashiku ABSTAIN: None ORDINANCE NO. 1008 Page 4 of 5 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 PASSED AND ADOPTED this 1st day of July, 1998, by the following roll call vote: AYES: Councilmembers Chavez, Kelly, Ashiku, Mastin and Mayor Malone NOES: ABSENT: ABSTAIN: MARIE ULVILA, CITY CLERK · .~.H'ERIDAN MALONE,/M~YOR ORDINANCE NO. 1008 Page 5 of 5 ORDINANCE NO. 1008 EXHIBIT "A" Page 1 of 1 ) ' . · . · . , . . , . o . EXHIBIT "B" CONDITIONS OF APPROVAL FOR DOOLAN CREEK SUBDIVISION (ORDINANCE NO. 1008) All use, construction, or occupancy shall conform to the Development Plan application approved by the City Council, and to any supporting documents submitted therewith, including maps, sketches, renderings, building elevations, landscape plans, and alike. Any construction shall comply with the "Standard Specifications" for such type of construction now existing or which may hereafter be promulgated by the Engineering Department of the City of Ukiah; except where higher standards are imposed by law, rule, or regulation or by action of the City Council. In addition to any particular condition which might be imposed, any construction shall comply with all building, fire, electric, plumbing, occupancy, and structural laws, regulations, and ordinances in effect at the time the Building Permit is approved and issued. Applicant shall be required to obtain any permit or approval which is required by law, regulation, or ordinance, be it required by Local, State, or Federal agency. Building Permits shall be issued within three years after the effective date of the Development Plan, or same shall be subject to the City's permit revocation process and procedures. The approved Development Plan may be revoked through the City's revocation process if the approved project related to the plan is not being conducted in compliance with the stipulations and conditions of approval; or if the project is not established within three years of the effective date of approval. Except as otherwise specifically noted, the Development Plan shall be granted only for the specific purposes stated in the action approving such plan and shall not be construed as eliminating or modifying any building, use, or zone requirements except as to such specific purposes. All curbs, gutters, sidewalks, and/or street paving which are broken or damaged, or driveways which will not be used, shall be removed and replaced as required by the City Engineer. ORDINANCE NO. 1008 ATTACHMENT "B" Page 1 of 4 o The curbs along the cul-de-sac bulbs shall be posted as fire lanes, in accordance with the Uniform Fire Code restrictions in effect at the time that the street is constructed. 10. 11. 12. 13. 14. 15. At the discretion of the Ukiah Fire Marshal, a secondary emergency access or other acceptable fire prevention measures shall be reviewed and approved prior to the issuance of any building permits for structures or other site development. All on-site paving shall be a minimum of 2" (inches) of asphalt concrete with a 6" (inches) aggregate base, or, alternatively, any option approved by the City Engineer. Street improvements, including curbs, gutters, sidewalks, and street trees shall conform to the City Engineer's recommendations. All work within the City right-of-way shall be performed by a properly licensed Contractor with a current City of Ukiah Business License. Contractor must submit copies of proper insurance coverage (Public Liability: $1,000,000; Property Damage: $1,000,000) and current Workman's Compensation Certificate. An Encroachment Permit from the Public Works Department is required to perform all work within the street right-of-way. No grading or excavation shall be permitted on the project site without the review and approval of a Grading and Drainage Plan by the City Engineer. This Plan shall include the following' a° bo co do e° the extent of modifications to the creek or existing drainage patterns on the site; the extent of storm drainage improvements and erosion control measures for building pads, driveways, parking lot areas and other movements of soils; other development that the City Engineer determines could adversely affect existing drainage patterns on the site or abutting properties or cause wind or water erosion; the incorporation of the PM-10 Mitigation Measures listed in the discussion on AIR QUALITY in the Initial Study; establishment of a Creekside Protection Area that would extend fifteen feet from the top of the bank for Doolan Creek and inclusion of riparian habitat plantings in the setback area and creek channel; and verification that a Stream Alteration Agreement for creek grading or other modifications has been completed with the California Department of Fish and Game. ORDINANCE NO. 1008 A'I-DACHMENT "B" Page 2 of 4 16. 17. 18. 19. 20. 21. 22. Low emission mobile construction equipment (e.g. tractor, scraper, dozer, etc.) shall be used in developing the site. The project site shall be regularly watered to control dust and all mobile equipment shall be washed regularly to prevent dust from leaving the site. The following construction management techniques shall be employed, as needed, during development of the site to reduce sources of particulate matter. ao b. Extended construction periods to reduce the number of days soils are exposed and heavy machinery; Limiting the use of different construction machinery at the same time; Increasing distances between emission sources located on the site; and Reducing or changing work hours if construction activities cause congestion on abutting streets. Sewer, water, and electric service shall conform to the specifications of the City Public Utilities and Public Works Departments. A Landscape Plan shall be reviewed and approved by the Director of Planning prior to the allowance of grading on the site or the issuance of building permits for any structures. This plan shall include, but not be limited to the following: a. bo co d, eo the use of trees for shading and screening of residential structures and access drives; the use of deciduous tree species with a crown height of 35-40 feet in areas where evergreen species would shade residential structures or limit solar access opportunities during winter months; the use of indigenous tree and plant species for 25 percent of total landscaping; the inclusion of indigenous riparian trees and vegetation in the 15-foot wide Creek Protection Area required for Lots 1-7, and the use of riparian shrubs on the banks of Doolan Creek; and the inclusion of a planting and maintenance schedule and a tree replacement policy for the trees approved as part of the final landscape plan. Any roof-mounted air conditioning, heating, and/or ventilation equipment shall be aesthetically screened from view consistent with the architecture of the building upon which it is located. Any outdoor refuse/recycle containers shall be aesthetically screened from view; garbage shall not be visible outside the enclosures. ORDINANCE NO. 1008 AI-I'ACHMENT "B" Page 3 of 4 23. 24. 25. 26. 27. 28. Hours of construction shall be limited from 7:00 a.m. to 7:00 p.m., Monday through Saturday. No second residential units shall be permitted on the site. An in-lieu park fee of $61,634 shall be paid to the City of Ukiah for development of area park and recreation facilities prior to the issuance of occupancy permits for any residential units on the site. This fee may be reduced by no more than fifty percent by the designation of private open space, in accordance with Subdivision Ordinance requirements for the reduction of in-lieu fees. The location and structural integrity of the pedestrian bridge across Doolan Creek shall be reviewed and approved by the City Engineer prior to its installation and the issuance of any building permits for structures or other site development. The architecture of pedestrian bridge across Doolan Creek shall be reviewed and approved by the Planning Director prior to its installation and the issuance of any building permits for structures or other site development. All conditions shall be completed prior to release of final building inspection and issuance of a Certificate of Occupancy. ORDINANCE NO. 1008 ATTACHMENT "B" Page 4 of 4 AGENDA SUMMARY ITEM NO. 6h DATE: JUNE 16, 1999 REPORT SUBJECT: RECEIVE REPORT REGARDING AWARD OF CONSULTANT SERVICE AGREEMENT TO W-TRANS IN THE AMOUNT OF $9,950 FOR THE PERFORMANCE OF TRAFFIC DELAY STUDIES AT VARIOUS SIGNALIZED INTERSECTIONS In compliance with Section 1522 of the City of Ukiah, this report is being submitted to the City Council for the purpose of reporting the acquisition of services costing more than $5,000 but less than $10,000. The City has acquired the services of W-Trans (Whitlock and Weinberger Transportation, Inc.) for performing traffic delay studies at nine (9) signalized intersections along State Street. The final work product will consist of a report containing all details of the traffic data collection and analysis, and level of service for the various traffic movements based on the information collected.Copies of the final report will be provided to Caltrans and the County of Mendocino. This work program is being funded by the Mendocino Council of Governments under its Fiscal Year 1998/99 Transportation Planning Work Program. The City's project is listed as Work Element 8 and the approved funding is $17,000. This work program is budgeted under Fund 340 in Account No. 340-9650-250 in the City's 1998/99 fiscal year budget. Compensation to the Consultant will be made on a time and expense basis not to exceed a total compensation of $9,950. Because of some constraints, the services requested were sole sourced. W-Trans has and continues to perform traffic studies for the City. The availability of the grant funds will expire at the close of the current fiscal year. The nine (9) study locations are listed in Attachment 1. RECOMMENDED ACTION: Receive report. ALTERNATIVE COUNCIL POLICY OPTIONS: None. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: APPROVEE): RHK:kk R:I~W AWTRANS N/A Rick H. Kennedy, Director of Public Works/City Engineer Rick H. Kennedy, Director of Public Works/City Engineer Candace Horsley, City Manager 1. Work Element 8 in the MCOG Fiscal Year Transportation Planning Work Program. Candace Horsley, City I~anager 1998/99 'WORK ELEMENT(8-1 pREVIO~: TASKS: INTERSECTION TRAFFIC DEI,AY STUDIES (CITYO~E Collect data and perform traffic engineering studies for the purpose of monitoring traffic impacts to major street intersections by reason of development within the City of Ukiah. Base traffic volumes and turning cotlnts have been completed (through tra.ffic impact studies for K-Mart, Airport Industrial Park, and Lovers Lane) for some of the major intersections within the C ty. Perform intersection delay studies and turning movement counts for the following intersections: o 2. 3. 4. 5. 6. 7. 8. 9. Ford/Empire Streets & N. State Street Low Gap Road/Bush Street & N. State Street Norton Street & N. State Street Scott Street & N. State Street Standley Street & N. State Street Perkins Street & N. State Street Gobbi Street & S. State Street E. Perkins Street & Orchard Avenue KUK[ Lane & N. State Street pRODUCT: Report of Level of Service for above locations. A copy of the report will be provided to Caltrans. REG!_Q_NAI., PRIORITIES: This project will Establish Regional Goals and Obj~_~i~, _ Assess Regional Transportation Needs and Propose Solutions. FUNDING AND AGENCY RESPONSIBILIT~S Estimated ~ Person Day Total Cost Local _~TE Consultant Total 34 $17,000 34 $17,000 $17,000 $17,000 - 23- ITEM NO. 6 i DATE: June 16. 1 999 AGENDA SUMMARY REPORT SUBJECT: AWARD BID FOR FLOWAY PUMP PARTS TO FLOWAY PUMPS FOR THE SUM OF $18,008 PLUS TAX Each year it is required that the City be able to supply water from the Lake Mendocino Hydroelectric Plant to the Fish Hatchery through two vertical turbine pumps. This year staff noted a decline in the water production of these pumps. Upon tear down it was discovered that the pumps were in need of a complete rebuild. Staff determined what parts were needed and prepared a detailed specification. Specifications and Requests for Quotations through the formal bid process were sent to three suppliers of Floway pump parts. Three bids were received and opened by the City Clerk on June 8, 1999. Floway Pumps was the Iow bidder with a price of $1 8,008 plus tax. There is no local supplier for this equipment. Sufficient funds for this project are in Account Number 800-5536-420. RECOMMENDED ACTION: Award bid for the Floway pump parts to Floway Pumps for the sum of $18,008 plus tax. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject bids and refer back to staff. Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Prepared by: George Borecky, Water/Sewer Operations Superintendent Coordinated with: Candace Horsley, City Manager Attachments: Bid Tabulation APPROVE 'B~~ ~'~~~~ ~,_ Candace Horsley, city anager I.- Z 0 0 (/3 AGENDA SUMMARY ITEM NO. 6.i DATE: June 16. 1999 REPORT SUBJECT: AUTHORIZE THE CITY MANAGER TO ENTER INTO CONTRACT WITH KENNEDY/JENKS CONSULTANTS TO EVALUATE THE WASTEWATER TREATMENT PLANT FACILITIES FOR CONTINUING RELIABILITY AND TO MEET GROWTH FOR THE NEXT TWENTY YEARS REPORT: Included in the 1998/99 budget are funds for the purpose of evaluating the existing wastewater treatment plant facilities. Recent wastewater treatment improvements, funded by the State Revolving Fund, were primarily to address issues of necessary upgrades to meet new, more rigorous wet weather discharge requirements. This project also provided upgrades in solids handling and a new solids dewatering facility. However, this project did not provide for plant expansion to address the need for an increase in dry weather capacity or in septage handling or disposal. Further, this project did not address the need for rehabilitation of now 40 year old primary clarifiers, digestion tanks, influent wet well and related components. This evaluation would provide planning documents for the type of facilities improvements needed, their costs, and suggested priority of implementation to meet the growth projections of the Ukiah Valley for the next twenty years. This proposal was sole sourced to Kennedy/Jenks Consultants, who has designed all of the wastewater treatment plant expansions and the tertiary treatment facility. Kennedy/Jenks Consultants proposal to complete this evaluation is $49,500. $60,000 is budgeted in Account Number 612.3580.250 for this evaluation. RECOMMENDED ACTION: Authorize the City Manager to enter into contract with Kennedy/Jenks Consultants to evaluate the wastewater treatment plant facilities for continuing reliability and to meet growth for the next twenty years. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject proposal and refer back to staff. Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Prepared by: George Borecky, Water/Sewer Operations Superintendent Coordinated with: Candace Horsley, City Manager Attachments: Scope of Work and Proposal for City Manager's Signature APPROVED' ~d:::~,~ -~ :'~,~~/,~., (~----n~dace~ H~-rsley, C~ty Manager Kennedy/Jenks Consultants 3 June 1999 Engineers & Scientists 622 Folsom Street San Francisco, California 94107 415-243-2150 FAX 415-896-0999 Mr. George Borecky City of Ukiah Public Works Department 300 Seminary Drive Ukiah, CA 95482 Subject: Proposed Professional Services Agreement for Wastewater Treatment Plant Facilities Rehabilitation and Dry Weather Capacity Expansion Evaluation K/J A99026WW Dear Mr. Borecky: As requested, we submit this proposed agreement for providing professional services for evaluation of improvements to the wastewater treatment plant facilities for continuing reliable service to the Ukiah community. Recent wastewater treatment improvements, funded in part by State Revolving Fund (SRF), were primarily to address issues of necessary upgrades to meet new, more rigorous wet weather discharge conditions to the Russian River per mandate from the North Coast Regional Water Quality Control Board. The wet weather project also provided upgrades in solids handling and a new solids dewatering facility. However, due to on-going revisions to City's General Plan and related environmental work, the recent project did not provide for plant expansion to address the need for an increase in dry weather capacity or in septage handling and disposal. Further, the project did not address the need for rehabilitation of now 40-year-old primary clarifiers, digestion tanks, influent wet well and related plant components. In addition, new flow release patterns from Coyote Dam are now proposed to enhance the fish habitat of the Russian River, which will have an effect upon the allowable amount of wet season effluent discharge to the Russian River as now limited by NPDES dilution requirements. The objective of this evaluation is to provide planning documents for the type of facilities improvements needed, their cost, and suggested priority of implementation to meet the growth projections consistent with the City's General Plan for the next 20 years. The specific items to be evaluated and related reports include the following tasks. Technical memoranda will be presented for each task, which will then be incorporated into a final report. It is also expected that Kennedy/Jenks Consultants will assist the City in dialogue with the North Coast Regional Water Quality Control Board to modify certain waste discharge dilution capacity requirements, considered environmentally and economically desirable as could be affected by proposed new Russian River release patterns. Mr. George Borecky City of Ukiah Public Works Department 3 June 1999 Page 2 Kennedy/Jenks Consultants SCOPE OF SERVICES Task I - Service Area and Wastewater Flow Projections Under this task we will review and update the flow projections presented in the Wastewater Treatment Plant Upgrade Facilities Plan dated May 1993. Included will be a review of the sphere of influence or planning area; current and projected service areas for the City and Sanitation District; proposed developments and annexations; and commercial/industrial growth areas. Specific issues that will be addressed under this task include: A. Possible annexation of the Rogina Heights due to concern with failing septic tanks and other identified unsewered areas. Bo Higher influent loadings in biological oxygen demand (BOD) and suspended solids (SS) from brewery and other commercial facilities and from an increase in septage dumps at the treatment plant. Co Discharge of septage to primary treatment facilities versus previous discharge to the sludge lagoons and the increase in BOD and SS loading on primary treatment units and processing of an increase in raw sludge. D. Projected growth rate, land use and environmental concerns presented in City's updated General Plan. Task 2 - Wastewater Treatment Rehabilitation and Capacity Expansion Under this task we will review the physical condition of the individual primary units and mechanical equipment, and will provide recommendations for rehabilitation or replacement including an estimate of probable construction cost. Based on the influent flow and loading projections established in Task 1, each unit will be evaluated for the ability to handle current and projected flow conditions. Units that are in extremely poor condition or severely overloaded will be evaluated against other process alternatives to determine the most cost effective means to upgrade and increase dry weather treatment capacity. Deficiencies with individual process units that will be evaluated and addressed in the study include: A, Influent Screening -Influent screening consists of grinding and passing of wastewater solids through the primary treatment facilities which causes plugging, and wear and tear on equipment. Alternative means to remove the screenings from the influent stream will be evaluated. Bo Headworks/Wet Well - The wet well in the headworks consists of shallow channels to individual pump suctions that result in difficult and unreliable pump control to the primary treatment facilities. Modifications to the existing headworks versus a new headworks will be evaluated. . Mr. George Borecky City of Ukiah Public Works Department 3 June 1999 Page 3 Kennedy/Jenks Consultants C, Grit Tanks - Current operation consists of collecting grit in the existing tanks and removing accumulated grit once or twice a year with vacuum pumper truck. The accumulated grit can produce noxious odors, can be washed out and carried over into the primary settling tanks at peak flows and can cause wear and tear on equipment. The condition of the existing grit tanks and alternative methods for grit removal and processing will be evaluated. Do Primary Settling Tanks - The existing concrete and equipment are in poor condition and the units appear to be under capacity for the current loadings and projected flows. The units will be evaluated for capacity and need of expansion, equipment replacement including the air lift sludge pumping, and concrete repair and application of a protective coating. E. Secondary Feed Channel- The feed channel to the secondary sedimentation tanks does not evenly distribute flow to secondary sedimentation tanks resulting in poor dosage control of chemical addition to improve settling ahead of AWT. Methods to improve flow distribution and uniform chemical dosing will be evaluated. F. Secondary Treatment- Secondary effluent quality i~ within the City's NDPES discharge requirements, however during the warmer, dryer months of the year the secondary effluent is more difficult to treat with the AWT wet weather facilities for River Discharge and for potential reclamation uses. Alternatives to improve the effectiveness of the secondary treatment process and to provide an effluent quality more amenable to AWT treatment will be evaluated including a solids contact aeration process following the trickling filters. O. Effluent Ponding and Percolation - Storage and percolation of secondary effluent during the non-discharge months is becoming more vital to seasonal operation with an increase in plant capacity and a projected reduction in River flow and effluent dilution limitations. Storage capacity and methods to improve percolation will be evaluated for the projected increase in flow and limitations on River discharge. Task 3 -Sludge Treatment Rehabilitation and Capacity Evaluation Under this task we will review current operations in sludge handling and processing, and will evaluate existing and new facilities to accommodate additional capacity as well as the increase in solids from septage and the higher influent loading concentrations. Facilities that will be evaluated include: Ao Sludge Digestion - The two existing digesters appear to be near capacity with the increase in solids loading and the tanks are in need of concrete repair and equipment replacement. The North Digester is in need of new cover and the exterior brick facing has detached from the concrete tank walls. We will review he condition of the existing digester tanks and equipment, and evaluate alternative . Kennedy/Jenks Consultants Mr. George Borecky City of Ukiah Public Works Department 3 June 1999 Page 4 improvements to upgrade and increase digestion capacity, and to produce a cleaner sludge that is more amenable to dewatering and that meets Class A requirements for land disposal. Alternatives to be considered will consist of upgrading the existing digesters and adding a new digester, a new thermophilic sludge digestion process and converting the existing anaerobic digesters to an aerobic sludge mixing and digestion process. B. Septage Handling - Septage is now being discharged to the headworks versus the sludge lagoons. As a result there is an increase in raw sludge due to septage discharge to the headworks and improved primary sludge collection and pumping. We will evaluate the increase in raw sludge, the collection and concentration of the sludge pumped to the digesters and heating requirements. Co Lagoon Sludge Dewatering - At present the lagoon sludge is being pumped with the floating dredge to a drying area North of the treatment plant and then transported to land disposal in Sonoma County. The sludge that has collected and consolidated over the years in the lagoons is too concentrated (13%) to process with the dewatering belt press. We will review the facilities needed for diluting, controlling and pumping the appropriate sludge concentration to the belt press and compare the cost of the upgrades with other dewatering/drying alternatives. Do Sludge Thickening - The gravity belt thickener feature of the dewatering belt press is currently not being utilized due to the amount of clean up and concern with residual coliform from the raw sludge which may contaminate the cleaner digested sludge for land disposal. We will review the need for gravity thickening in conjunction with the review and evaluation of sludge processing alternatives. Task 4 - Review Effluent Disposal Needs and Limitations Under this task we will review the current and future capacity needs for storage and disposal of treated effluent, and will review the permit and regulatory limitations on effluent discharge to the River. The City has expressed concern with the storage capacity of secondary effluent, the disposal capacity of the percolation ponds, the treatment capacity of the AWT facilities, and the dilution requirements for seasonal discharge of AWT effluent to the River. The City anticipates a reduction in Russian River flow of 25% during the summer and 15% overall with diversion of Russian River flow to the Eel River. Aisc, the Corps may change the method of release from Coyote Dam/Lake Mendocino due to concern with flushing fish down river. Release from the dam/lake may be in slugs with a lower, more uniform release rate for extended periods. Specific issues that will be addressed include: Ac River Discharge Limitations - We will evaluate the current and anticipated limitations and restrictions in River Flow and assist the City in dialogue with the North Coast Region Water Quality Control Board to modify effluent dilution requirements. , Kennedy/Jenks Consultants Mr. George Borecky City of Ukiah Public Works Department 3 June 1999 Page 5 B. Advance Waste Treatment (AWT) Expansion - We will evaluate the possible need for additional AVVT capacity to permit a higher discharge rate and an increase in effluent disposal during the peak river flow periods of high dilution. C. Secondary Effluent Storage Capacity - We will evaluate the need for additional storage and percolation capacity. Possibilities include raising the levees of Ponds 1 and 2 to height of Pond 3 and scarifying and deepening the west end of the ponds away from the River for additional storage and to increase percolation. Another alternative to be evaluated is to purchase the land to the north along the River and constructing a new pond for additional storage. D. Monitoring of Effluent Storage - Monitoring wells have been installed near the River and storage ponds as mandated by the North Coast Board for nitrate monitoring and to detect possible short circuiting of secondary effluent from the storage ponds to the River. We will review the data collected from these wells and current requirements and provide an assessment of possible future conditions and mitigation measures. Task 5 -Study Report A Technical Memorandum will be prepared on the work completed under each of the previous tasks and submitted (three (3) copies) as progress reports to the City for review and input, but will not be re-issued until the draft study report. City comments will be incorporated and the technical memoranda will be presented and summarized in a Study Report, which will be submitted to the City in Draft and Final form as follows. A. Draft Report - Prepare six (6) copies of a Draft Report to summarize the Technical Memoranda of the above project tasks. B. Workshop - Participate in a staff review workshop to discuss the findings and recommendations presented in the Draft Report. C. Final Report - Prepare six (6) copies of a Final Report to reflect changes found desirable upon review of the Draft Report. COMPENSATION & SCHEDULE We propose that compensation for our services be on a time and expense reimbursement basis in accordance with our Schedule of Charges dated I January 1999, attached. The Schedule of Charges will be updated near the beginning of each year. Payments shall be made monthly based on invoices which describe services and list actual costs and expenses. Such payments shall be for the invoice amount, without retention. Kennedy/Jenks Consultants Mr. George Borecky City of Ukiah Public Works Department 3 June 1999 Page 6 It is proposed that Kennedy/Jenks be authorized to proceed with this work as directed by the City of Ukiah for a reimbursement budget of $49,500, which will not be exceeded without authorization. A breakdown of the fee estimate for the project is provided in Attachment A. To assure a clear understanding of all matters related to our mutual responsibilities, the attached Standard Conditions dated I January 1993 are made a part of our agreement. We have found these terms to be appropriate for use with agreements for the provision of engineering services, and accordingly, should any conflict exist between the attached terms and the form of any purchase order or confirmation issued, the terms of this proposal and the attached Standard Conditions shall prevail in the absence of our express written agreement. This proposal is based on current projections of staff availability and costs and, therefore, is valid for 90 days following the date of this letter. We would expect to complete Tasks 1, 2, 3 and 4 within 90 days and to submit a Draft Report within 120 days of project authorization, We will then submit a Final Report within 15 days of receiving comments and attending the Workshop on the Draft Report. Kennedy/Jenks' services will be managed by Mr. Joel A. Failer, P.E., with much of the investigative, evaluation work conducted by Mr. Robert A. Ryder, P.E., as Project Engineer. Both have a long-time involvement with issues at the Ukiah Wastewater Treatment Plant. If this proposal meets with your approval, please sign where noted below and return a copy to our office to serve as our authorization. We look forward to working with you on this continuation of the wastewater services we have provided for many years to the City of Ukiah. If there are any questions regarding the proposed agreement, please do hesitate to call. Very truly yours, K ~,~ NEDY/J~..~KS CONSULTANTS, INC. ~Jo~l A. Failer, P.E. Principal Engineer AUTHORIZATION: CITY OF UKIAH By Title Date JAF/sn g:~:~w-group~admin~busdev\1999~proposals~zltrprops~a99026ww~ukiah-prop.doc Enclosures: Table -Dry Weather Capacity Study - Engineering Fee Estimate Schedule of Charges dated 1 January 1999 Standard Conditions dated 3 January 1993 Kennedy/Jenks Consultants Enclosure to Kennedy/Jenks Letter to Mr. George Borecky, City of Ukiah 3 June 1999 Page 1 Ukiah WWTP - Dry Weather Capacity Study Engineering Fee Estimate Person Hours Princ. Assoc. Engr. Engr. Engr. Task Description ~$145/hr ~$110/hr @$96/hr Task 1 - Service Area and WW Flow Projections CAD Word Designer Proc. Total Expenses ~$78/hr ~$53/hr (Hrs) ($) Total Hrs 16 24 - 8 8 56 $ 192 Total Cost $2,320 $2,640 - $624 $424 $6,008 $6,200 Task 2 WW Treatment Rehab & Capacity Expansion A. Influent Screening 4 8 - - 2 14 $ 50 B. Headworks/WetWell 4 8 - - - 12 $ 50 C. Grit Tanks 4 8 - 4 2 18 $ 50 D. Primary Settling Tanks 8 - 8 4 2 22 $ 50 E. Secondary Channel 4 - 4 - - 8 $ 28 F. Secondary Treatment 12 - 8 4 2 26 $ 30 G, Effl. Ponding/Perc. 8 - 8 4 4 24 $ 50 Total Hrs 44 24 28 16 12 124 $ 308 Total Cost $6,380 $2,640 $2,688 $1,248 $636 $13,592 $13,900 Task 3 Sludge Treatment Rehab & Capacity Evaluation A. Sludge Digestion 16 8 - 4 4 32 $ 100 B. Septage Handling 12 8 - - 2 22 $ 100 C. Lagoon Sludge 4 - 8 4 2 18 $ 50 Dewatering D. Sludge Thickening 4 8 - 4 2 18 $ 56 Total Hrs 36 24 8 12 10 90 $ 306 Total Cost $5,220 $2,640 $768 $936 $530 $10,094 $10,400 Task 4 Effluent Disposal Needs and Limitations A. River Discharge 8 16 8 4 36 $ 100 B. AWT Expansion 4 4 8 4 2 22 $ 100 C. Storage Capacity 16 8 4 4 32 $ 200 D. Monitoring Eval. 4 8 2 14 $ 28 Total Hrs. 32 20 32 8 12 104 $ 428 Total Cost $4,640 $2,200 $3,072 $624 $636 11,172 $11,600 Task 5 Report A. Preliminary Report 8 8 - 8 16 40 $ 120 B. Review Meeting 8 8 - - - 16 $ 100 u:\pw-user~joelf~mktg\ukiah\ukiah-table.doc Enclosure to Kennedy/Jenks Letter to Mr. George Borecky, City of Ukiah 3 June 1999 Page 2 Kennedy/Jenks Consultants Person Hours Princ. Assoc. CAD Word Engr. Engr. Engr. Designer Proc. Total Expenses Task Description ~$145/hr ~$110/hr @$96/hr ~$78/hr ~$53/hr (Hrs) ($) C. Final Report. 8 - - 2 4 14 $ 100 Total Hrs 24 16 - 10 20 70 $ 320 Total Cost $3,480 $1,760 - 780 1,060 $7,080 $ 7,400 PROJECT TOTAL HRS 152 108 68 54 62 444 $ 1,554 PROJECT TOTAL COST $22,040 $11,880 $6,528 $4,212 $3,286 47,946 $49,500 u:\pw-user~joelf~mktg\ukiah\ukiah-table.doc Client/Address: Contract/Proposal Date: Mr. George Boreck,/ City of Ukiah Dept. Public Works 300 Seminary Drive Ukiah, CA 95482 3 June 1999 Schedule of Charges Kennedy~Jenks Consultants January ~, 1999 Personnel Compensation Classification Hourly Rate Drafter/Technician ...............................: ........................................................ $62 Designer/Senior Technician .......................................................................... $78 Staff Engineer-Scientist ................................................................................ $72 Senior Staff Engineer-Scientist ..................................................................... $78 Engineer-Scientist ........................................................................................ $96 Associate Engineer-Scientist ...................................................................... $110 Senior Associate Engineer-Scientist ........................................................... $120 Senior Engineer-Scientist ........................................................................... $135 Principal Engineer-Scientist ........................................................................ $145 Senior Principal .......................................................................................... $150 Word Processor/Project Administrator*. ........................................................ $53 Non-Technical*. ............................................................................................ $42 *Time will be charged only for preparation of technical reports/materials, and special documentation and does not apply to routine administrative activities. The above Hourly Rates include normal and incidental costs such as routine communications, postage and office supplies. Direct Expenses Reimbursement for direct expenses, as listed below, incurred in connection with the work, will be at cost plus ten percent for items such as: a. Maps, photographs, reproductions, printing, equipment rental, and special supplies related to the work. b. Consultants, soils engineers, surveyors, contractors, and other outside services. c. Rented vehicles, local public transportation and taxis, travel and subsistence. d. Specific telecommunications and delivery charges. e. Special fees, insurance, permits, and licenses applicable to the work. f. Outside computer processing, computation, and proprietary programs purchased for the work. Reimbursement for owned automobiles, except trucks and four-wheel drive vehicles, used in connection with the work will be at the rate of 35 cents per mile. The rate for trucks and four-wheel drive vehicles will be $25 per day and 40 cents per mile. Reimbursement for use of microcomputers will be at the rate of $10 per hour. Reimbursement for use of computerized drafting systems (CADD) will be at the rate of $20 per hour for microcomputer based systems and $25 per hour for minicomputer based systems. Rates for professional staff for legal proceedings or as expert witnesses will be at rates one and one-half times the Hourly Rates specified above. Other in-house charges for prints and reproduction, equipment usage, laboratory analyses, etc. Will be at standard company rates. Excise and gross receipts taxes, if any, will be added as a direct expense. The foregoing Schedule of Charges is incorporated into the agreement for the services provided, effective January 1, 1999 through December 31, 1999. After December 31, 1999, invoices will reflect the Schedule of Charges currently in effect. - Client: Hr. George 13orecky. Ci~/of Ukiah Public Work~ Department Kennedy/Jenks Consultants Contract/Proposal Date: 3 June 1999 Standard Conditions CLIENT and CONSULTANT agree that the following provisions shall be a part of their agreement. ARTICLE 1. DEFINITIONS 1.1 DIRECT SALARY AND SALARY COSTS The phrase "direct salary" means the actual direct pay of the personnel assign- ed to the proiect (except for routine secretarial and accounhng services). The phrase "salary costs" means "direct salary" plus payroll taxes, insurance, sick leave, holidays, vacahon, and other direct fringe benefits. 1.2 DIRECT EXPENSES The phrase "direct expenses" means expenditures made by CONSULTANT, its employees or its subconsultants in the interest of the Project. Applicable reim- bursable Direct Expenses are defined in this agreement or the Schedule of Charges. ARTICLE 2. COMPENSATION 2.1 INVOICING PROCEDURE 4.3 CLIENT will be invoiced at the end of the first billing period following commence- ment ol work and at the end of each billing period thereafter. Payment in full of an invoice must be received by CONSULTANT within thirty (30) days of the date of such invoice. 2.2 EFFECT OF INVOICE The work performed shall be deemed approved and accepted by CLIENT as and when invoiced unless CLIENT objects w~thm fifteen (15) days of ~nvoice date by wntten notice specifically stating the details in which CLIENT believes such work is incomplete or defective, and the ~nvoice amount(s) in dispute. CLIENT shall pay undisputed amounts per this article. 2.3 INTEREST; SUSPENSION OF WORK Fadure of CLIENT to make full payment of an invoice so that it is received by CONSULTANT within sa~d thirty (30) days of the date thereof subjects the amount overdue to a delinquent account charge of one (1%) of the invoice amount per month, compounded monthly. Failure of CLIENT to submit full pay- ment of an invoice within thirty (30) days of the date thereof subjects this agree- ment and the work herein contemplated to suspension or termination at CON- SU LTANT'S discretion. 2.4 ADVANCE PAYMENT: WITHHOLDING OF WORK PRODUCT CONSULTANT reserves the right to require payment in advance for work it estimates will be done during a given billing period. CONSULTANT, without any liability to CLIENT, reserves the right to withhold any services and work products here~n contemplated pending payment of CLIENT'S outstanding indebtedness or advance payment as required by CONSULTANT. Where work is pedormed on a reimbursable bas~s, budget may be increased by amendment to complete the scope of work. CONSULTANT is not obligated to prowde services in excess of the authorized budget. ARTICLE 3. SERVICES, ADDITIONAL SERVICES, AND AMENDMENTS 3,1 DEFINITIONS Services and work products not expressly or by implication specified in this agreement, as determined by CONSULTANT, will be provided only u0on com- pliance w,th the procedures set forth in paragraphs 3.4 and 3.5 below. 3.2 SERVICES DURING CONSTRUCTION Any construction inspection or testing provided by CONSULTANT is for the pur- pose of determining compliance by contractors with the functional provisions of project specificat=ons only. CONSULTANT in no way guarantees or insures any 6.2 contractor's work nor assumes responsibility for methods or appliances used by any contractor, or for jobs~te safety or for a contractor's compliance with laws and regulations. CLIENT agrees that in accordance with generally accepted con- struohon practices, the construction contractor will be required to assume sole and complete responsibility for iobsite conoibons during the course of construc- tion of the project, including safety of all persons and property and that this 6.3 resoonsibdity shall be continuous and not be limited to normal working hours. CLIENT further agrees that ~n ~ts agreements with contractors for construction serwces it will require that both CLIENT and CONSULTANT be named as addi- honal insureds on all general liability insurance policies required to be maintain- 6.4 ed by such contractors. Any statements of estimated construohon costs furnish- ed by CONSULTANT are based on professional opm,ons and judgment, and CONSULTANT wdl not be responsible for fluctuations ~n construction costs. 3.3 SERVICES BY CLIENT CLIENT wdl provide access to site of work, obtain all permits, provide all legal serwoes in oonnechon with the project, and prowde environmental impact reoorts and energy assessments unless specifically included in the scope of 6.5 work. CLIENT shall pay the costs of checking and inspection fees, zoning ap- plication fees, sods engineering fees, testing fees, surveying fees, and all other fees, permits, bond premiums, and all other charges not specifically covered by the terms of this agreement. CLIENT shall designate to CONSULTANT the loca- tion of all subsurface utility lines and other subsurface man-made objects (in this agreement collectively called "buried utdities") within the boundaries of the job- s~te. CONSULTANT will conduct at CLIENT's expense such additional research 6.8 as ~n CONSULTANT's professional opinion is appropnate to attempt to verify the Iocahon of any bur~ed utilities at the jobsite, but CLIENT shall remain responsible for the accurate designation of their location and shall indemnify, defend, and hold CONSULTANT harmless from any liability for injury or loss arising from damage to any inaccurately located buried utilities. 6.7 3.4 MAGNETIC DATA Re0orts and writings to be provided by CONSULTANT under the scope of work will not be provided in magnetic disk form unless CLIENT provides CONSUL- TANT w~th an agreement supplemental to this agreement providing indem- nification satisfactory ~n form and amount to CONSULTANT. 3.5 ADJUSTMENT Serwces or work products not in the original scope of work will result in an ad- justment of CONSULTANT'S onginal estimated budget or lump sum fee and will be prowded at CLIENT'S request upon execution of a written amendment to this agreement expressly refernng to the same, s~gned by both parties. January 1, 1993 3.6 AMENDMENTS This agreement may be amended only by a written instrument, s~gned by both CLIENT and CONSULTANT, which expressly refers to this agreement. ARTICLE 4. TERMINATION OF AGREEMENT 4.1 DUE TO DEFAULT This agreement may be terminated by either party upon seven (7) days written notice should the other party fail substantially to perform in accordance wdh this agreement through no fault of the party initiating the termination. 4.2 WITHOUT CAUSE This agreement may be terminated by CLIENT upon at least fourteen (14) days written notice to CONSULTANT in the event that the Project is abandoned. TERMINATION ADJUSTMENT: PAYMENT If this agreement is terminated by CLIENT through no Iauit of the CONSULTANT, CONSULTANT shall be paid for services performed and costs incurred by it prior to ~ts receipt of notice of termination from CLIENT, including reimburse- ment for Direct Expenses due, plus an additional amount, not to exceed ten per- cent (10%) of charges incurred to the termination notice date to cover services to orderly close the work and prepare prolect files and documentation, plus any additional Direct Expenses incurred by CONSULTANT including but limited to cancellation fees or charges. CONSULTANT will use reasonable efforts to minimize such additional charges. ARTICLE 5. ALLOCATION OF RISK: WAIVER: WARRANTY 5.1 ALLOCATION OF RISK CONSULTANT'S liability to CLIENT, CLIENT's contractors, subcontractors and their agents, employees and consultants, and to all other third parties, which may arise from or be due directly or indirectly to the negligent acts, errors and/or omissions of CONSULTANT, its agents, employees or consultants shall not ex- ceed $ 50,000 and shall be limited to direct damages. All other damages such as loss of use, profits, anticipated profits, and like losses are consequential damages for which CONSULTANT is not liable. CLIENT shall give written not,ce to CONSULTANT of any claim of negligent act, error or omission within one (1) year after the completion of the work performed by CONSULTANT. Failure to give notice herein required shall constitute a waiver of said claim by CLIENT. 5.2 WARRANTY The only warranty or guarantee made by CONSULTANT in connection with the services performed under this agreement is that such services are performed with the care and skill ordinarily exercised by members of the profession practic- ing under similar conditions at the same time and in the same or a similar locali- ty. When the findings and recommendations of CONSULTANT are based on in- formation supplied by CLIENT and others, such findings and recommendations are correct to the best of CONSULTANT's knowledge and belief. No other war- ranty, express or implied, is made or intended by providing consulting services or by furnishing oral or written reports of the findings made. ARTICLE 6. GENERAL PROVISIONS 6.1 APPLICABLE LAW This agreement shall be interpreted and enforced according to the laws of the State of California, unless agreed otherwise. PRECEDENCE OF CONDITIONS ShouLd any contlict exist between the terms herein and the terms of any pur- chase order or confirmation issued by CLIENT, the terms of these Standard Con- ditions shall prevad in the absence of CONSULTANT'S express written agreement. ASSIGNMEN~ SUBCONTRACTING Neither CLIENT nor CONSULTANT shall assign its interest in this agreement without the written consent of the other. CLIENT hereby consents to CONSUL- TANT's subcontracting any portion of the work to be performed hereunder. OWNERSHIP OF DOCUMENTS All tracings, survey notes, computer programs, and other original documents are instruments of service and shall remain the property of CONSULTANT. Use of CONSULTANT'S work product(s) on other projects without CONSULTANT'S prior wntten consent ~s prohibited; however, if used, such use shall be at CLIENT'S sole risk. No documents may be altered or modified except by CONSULTANT. FORCE MAJEURE Any delay or default in the performance of any obligation of CONSULTANT under this agreement resulting from any cause(s) beyond CONSULTANT'S reasonable control, shall not be deemed a breach of this agreement. The occur- rence of any such event shall suspend the obligations of CONSULTANT as long as performance is delayed or prevented thereby, and the fees due hereunder shall be equitably adjusted. ATTORNEY'S FEES Should either party hereto bring suit in court to enforce any term of this agree- ment, it is agreed that the prevailing party shall be entitled to recover his costs, expenses, and reasonable attorney's fees. MERGER: WAIVER: SURVIVAL Except as set forth in Article 3.5 above, this agreement constitutes the entire and ~ntegrated agreement between the parties hereto and supersedes all prior negotiations, representations and/or agreements, written or oral. One or more waiver of any term, condition or other provision of this agreement by either party shall not be construed as a waiver of a subsequent breach of the same or any other prows~ons. Any prowsion hereof which is legally deemed void or unen- force'able shall not void this entire agreement and all remaining provisions shall surwve and be enforceable. SUBJECT: AGENDA SUMMARY ITEM NO. 6]~ DATE: JUNE 16, 1999 REPORT APPROVAL OF THE FIRST AMENDMENT TO THE JOINT POWERS AGREEMENT CREATING THE MENDOCINO EMERGENCY SERVICES AUTHORITY (MESA), AND AUTHORIZING THE MAYOR TO EXECUTE SAME. Summary Over the past several months, the Commissioners of the Mendocino Emergency Services Authority (MESA) have undertaken a review of the Joint Powers Agreement (JPA) creating that agency. The specific focus of that review was the role of the Authority versus the County during a declared event. Further, the Commission also completed a review of the Authority's operations since it was created by the original JPA, and made minor adjustments to more closely reflect the actual operations as they have been implemented. Attached, the Council will find the First Amendment to the JPA which has been prepared in underline/strikeout format to identify proposed changes to the original agreement. This draft First Amendment has been unanimously approved by the Commission for recommendation to the participating jurisdictions (County of Mendocino and all four cities). Few changes are proposed. In specific terms, these adjustments included in this First Amendment are: , On Page 2, Paragraph 2, (Establishment of the Agency/Composition of the Commission), the words "or their designee" have been added to allow flexibility for each agency to designate an individual other than its City Manager/County Administrative Officer to serve on the Commission. In practice, while the cities of Fort Bragg, Ukiah, and Willits have utilized their City Managers over the past several years to serve as Commissioners, the City of Point Arena has no City Manager and has designated support staff to represent them. Additionally, the County of Mendocino has been represented on the Commission by its Assistant County Administrative Officer. This adjustment provides more flexibility and reflects current practice. CONTINUED ON PAGE 2 RECOMMENDED ACTION' Approve the attached First Amendment to the Joint Powers Agreement creating the Mendocino Emergency Services Authority and authorize the Mayor to execute same. ALTERNATIVE COUNCIL POLICY OPTIONS: Determine additional modifications are required and request MESA to consider identified changes. Citizen Advised: N/A Requested by: Mendocino Emergency Services Authority Prepared by: Candace Horsley, City Manager Coordinated with: Candace Horsley, City Manager Attachments: 1. ~i~Amendment to MESA Joint Powers Agreement APPROVED: ~.._C~ ~,~..~'. ~..,,~,., CH kk C~ndace Hor~ie~,-CitI Manager Approval of the First Amendment to the Joint Powers Agreement Creating the Mendocino Emergency Services Authority (MESA), and Authorizing the Mayor to Execute Same. June 16, 1999 Page 2 . On Page 4, within Paragraph 7, significant language is added within paragraphs "a" and "b" to reflect actual practice. In reality, MESA does not implement the Standardized Emergency Management System (SEMS), but rather assists the member jurisdictions in completing this task. Further, the proposed amendments within subparagraph "a" clarify that during a declared event, the County will retain responsibility for the operational area. Quite simply, a declaration of emergency can only be made by the County Director of Emergency Services (County Administrative Officer), and it is only the County Administrative Officer who shall be ultimately responsible and accountable for activities associated with the declared event throughout the duration of that occurrence. Similarly, subparagraph "b" reinforces the actual role of MESA, to provide disaster preparedness and recovery, and again restates that the County of Mendocino shall retain the responsibility to make declarations and act during a declared event. , On Page 5, within Paragraph "e" language is added to state that services shall be provided "at the direction of the Commission". An additional minor adjustment on Page 5, relative to the powers and functions of MESA is included in Paragraph "j" to restate that MESA will provide training relative to recovery, as well as, preparedness and response. An additional minor change within Section 7 (Powers and Functions) is simply grammatical within Paragraph "1", since clearly agreements do not have geographical boundaries, but the parties to the agreement do. In every other respect, this First Amendment to the original Joint Powers Agreement remains the same as the original Agreement. CH:kk R:I\CM AJPA BOS AGREEMENT # FIRST AMENDMENT TO THE JOINT PowERs AGREEMENT CREATING THE MENDOCINO EMERGENCY SERVICES AUTHORITY THIS Joint Powers Agreement ("AGREEMENT") is made and entered into this day of .... 1999 by and between the signatories to this Agreement, whic'----h are local governments in Mendocino County, acting through their respective legislative bodies (collectively "PARTIES" and individually "PARTY"), WITNESSETH: WHEREAS, each of the PARTIES to this AGREEMENT is a "public agency" as this term is defined in Section 6500 of the Government Code of the State of California; and WHEREAS, pursuant to Title 1, Division 7, Chapter 5, of the Government Code of the State of California, commonly known as the Joint Exercise of Powers Act, two or more public agencies may, by AGREEMENT, jointly exercise any power common to the contracting PARTIES; and WHEREAS, each of the PARTIES hereto has the power and legal responsibility, in addition to other powers which are common to each of them, to undertake the management of local emergencies, prepare emergency plans, train employees and volunteers in emergency management, and provide public information on disaster preparedness; and WHEREAS, there always exists the possibility of natural or man-caused disasters such as earthquakes, fires, major storms, floods, oil spills and other manifestations which may affect the peace, comfort, health and security of large numbers of persons and extensive areas of the county; and WHEREAS, the California Code of Regulations, Title 19, Division 2, provides for operational area emergency planning and coordination by local government agencies; and WHEREAS, preparedness planning for such events can be most effective if the plans of all entities within the county are coordinated to produce an efficient operation and the elimination of duplication and confusion in time of necessity; and WHEREAS, such coordination can only be secured by cooperative action through competent agencies prior to need; and NOTE: THIS IS AN ELECTRONIC COPY OF A SCANNED ORIGINAL. PAGE NUMBERS MAY NOT COINCIDE WITH THE ORIGINAL. WHEREAS, the. powers to provide for the common defense; to prepare for defense against natural disaster; and the power to act in case of emergency or disaster, are all powers common to the parties signatory hereto. WHEREAS, that in order to economically and adequately exercise the powers hereinabove referred to, it is essential that skilled personnel, charged with the duty of coordinating mutual effort, should be provided in order to obtain maximum benefits. Such contemplated service is more feasiblely obtained through joint action than by uncoordinated efforts by the respective agencies severally. WHEREAS, that in the opinion of the respective legislative bodies of the respective agencies signatory hereto, the arrangements and provisions provided by this AGREEMENT will best serve the public peace, health, safety, comfort, convenience and general welfare of said respective agencies, and of the county generally. WHEREAS, it is the desire of the PARTIES to use any power that they have in common which is reasonably necessary and appropriate to aid in the accomplishment of these goals; and WHEREAS, the PARTIES desire, by means of this AGREEMENT, to establish a separate agency and procedure to accomplish these goals; NOW THEREFORE, based upon the mutual promises contained herein, the PARTIES hereby agree as follows: 1. Purpose. The purpose of this AGREEMENT is to establish an agency to be known as the MENDOCINO EMERGENCY SERVICES AUTHORITY therein alternatively "MESA" or "Agency" for the purpose of coordinating disaster and other emergency preparedness planning and recovery programs, training of employees and volunteers, administration of disaster recovery assistance programs, and such other related activities as the parties may deem appropriate. 2. Establishment of the Aqency/Composition of the Commission. There is hereby established pursuant to the Joint Exercise Powers Act (Section 6500 et seq., of the Government Code of the State of California) an Agency which shall be a public entity separate from the PARTIES to this AGREEMENT. The name of the Agency shall be the MENDOCINO EMERGENCY SERVICES AUTHORITY. The governing body of MESA shall be a Commission composed of the Director of Emergency Services or the Chief Administrative Officer, or their designee, of each of the member agencies. All such representatives shall constitute a commission (the "Commission"). No PARTY'S representative to the commission shall be qualified to serve on the commission and the PARTY shall cease to have a representative on the commission if that PARTY terminates its participation in this AGREEMENT. The Commission shall be the governing body of the MESA and the administering agency of this Joint Powers NOTE: THIS IS AN ELECTRONIC COPY OF A SCANNED ORIGINAL. PAGE NUMBERS MAY NOT COINCIDE WITH THE ORIGINAL. AGREEMENT, and, as such, shall be vested with the powers set forth in this AGREEMENT, and shall execute and administer this AGREEMENT in accordance with its terms, purposes and functions provided herein. Assumption of Responsibilities.. Upon completion of the initial organization of the MESA and the selection of a Chair and Vice Chair, the MESA shall proceed to carry out its duties and responsibilities as set forth in this AGREEMENT. $. Organization of the Commission. The Commissioners shall elect officers including a chair, a vice-chair, and a secretary, and such other officers as the Commission shall deem appropriate. All such officers shall serve the Commission at its pleasure or for such term as may be provided by Commission rule. The Commission may appoint such subcommittees as it deems appropriate in order to perform the functions of the MESA. 4. Officers. The Chair of the MESA shall preside at all meetings of the Commission and perform such other duties as the Commission shall instruct. The duties of the Vice-Chair and the Secretary shall be the usual and customary duties of such officers. 5. Treasurer and Controller. The Treasurer of the MESA shall be the Treasurer of one of the parties as designated by the Commission. The Auditor Controller of one of the parties as designated by the Commission shall be the Controller of the MESA. The Commission may at any time after the adoption of this AGREEMENT, appoint one of its officers or hire an employee to replace or fill either or both of these positions. The Treasurer of the MESA shall cause an independent audit of the MESA's finances to be made by a certified public accountant, or public accountant, in compliance with Section 6505 of the Government Code. The Treasurer of the MESA shall be the depositor and have custody of all the money of the MESA from whatever source. The Controller of the MESA shall draw warrants to pay demands against the MESA when the demands have been approved by the Commission or its designee pursuant to any delegation of authority adopted by the Commission. The Treasurer and Controller shall comply strictly with the provisions of the statutes relating to their duties found in Chapter 5, Division 7, Title 1 of the Government Code, beginning with Section 6500. The Controller and the Treasurer shall each file an official bond in the amount determined from time to time by the Commission. 6. Meetings. The Commission shall provide for regular meetings and special meetings in accordance with the Ralph M. Brown Act, Chapter 9, Part 1, Division 2, Title 5, of the Government Code beginning with Section 54950, or in accordance with such other regulations as the legislature may hereafter provide. NOTE: THIS IS AN ELECTRONIC COPY OF A SCANNED ORIGINAL. PAGE NUMBERS MAY NOT COINCIDE WITH THE ORIGINAL. The affirmative or negative vote of a majority of the entire Commission shall be necessary for it to take action, except that none of the terms and conditions set forth in this AGREEMENT, nor any of the procedures expressly provided for herein, may be altered, changed, or amended by such a vote; or by any means, except by written amendment to this AGREEMENT executed by all PARTIES hereto. 7. Powers and Functions. MESA shall have any and all powers authorized by law to all of the PARTIES hereto, and separately to the agency herein created, relating to emergency preparedness planning and administration of disaster assistance programs. Such powers shall include the common powers specified in this AGREEMENT and may be exercised in the manner and according to the method provided in this AGREEMENT. All powers common to the PARTIES are specified as powers of MESA. MESA is hereby authorized to do all acts necessary for the exercise of such powers, including, but not limited to, any or all of the following: to make and enter into contracts; to employ agents and employees; to acquire, construct, provide for maintenance and operation of, or maintain and operate, any buildings, works or improvements to acquire, hold or dispose of property wherever located; to incur debts, liabilities or obligations; to receive gifts, contributions and donations of property, funds, services and other forms of assistance from persons, firms, corporations and any governmental entity; and to sue and be sued in its own name. The MESA shall perform the following duties, any of which may be performed by employees or agents of the MESA appointed by and as directed by the Commission: a. Implement '~'- o,_ _ ., _ .., ,_A ~ Fmergency Management °"-'--- '°"-'"°' ' LI I~ ~L~l I~1 accordance '":'~,~,, o~-'-'- requirements. Assist member jurisdictions, and other public agencies, in implementing the Standardized Emergency Management System (SEMS) in accordance with state requirements. Said responsibility and authority shall include all facets of disaster preparedness and recovew, but shall not include the authority to declare an emergency or activate an Emergency Operations Center (EOC) for the Operational Area; such authority shall remain the responsibility of the County Director of Emergency Se~ices. · ,:~,v~ ,~o L.,~ ,.,-,v, .v,,~, ,-,H~.,~L,~,..,~. ,-,,~,~ .v.~..u~,~,,,,~, ,.,uu,,,y Serve as the Operational Area for the purposes of disaster preparedness and recovery. Declarations of emergencies and disaster response management shall remain the responsibility of the County of Mendocino, during which times the County shall act as the Operational Area. c. Provide for public information and public relations services, including speeches, press releases and letter and telephone inquiries and replies in regard to disaster and emergency preparedness. NOTE: THIS IS AN ELECTRONIC COPY OF A SCANNED ORIGINAL. PAGE NUMBERS MAY NOT COINCIDE WITH THE ORIGINAL. d. Collect and analyze data on public and private resources within the area that could be used in the event of disaster. e. Provide cofmu~ support services,'at the direction of the commission, to the public schools, other public agencies and the PARTIES hereto to assist in the preparation of disaster plans. f. To make services available for the general coordination of volunteer services in regard to disasters. g. Provide liaison with other disaster services offices and organizations. h. Assist the PARTIES and other public agencies in applying for, and administering disaster assistance which may be provided by federal and/or state agencies. i. Prepare and maintain on behalf of the PARTIES all required emergency preparedness plans. j. Provide training to ~ncy officials and employees in the area of disaster preparedness and (~~recovery. k. To apply for, accept, receive and disburse grants, loans and other financial assistance from any agency of the United States of America or of the State of California, or from any other public agency or from other sources, public or private, and expend such funds for the purposes set forth in this AGREEMENT. I. To perform such duties and functions as may be necessary or appropriate for the coordination of federal or state assisted programs and projects within the geographical boundaries of the parties to this AGREEMENT. m. To do and perform any and all acts necessary to participate in federal or state assisted projects within the jurisdictional boundaries of the MESA, including, without limitation,, applying for, accepting and administering grants or other financial assistance from the federal government, the state, or other public agencies, or from any other sources, public or private, for such projects; to use and expend such funds for any of the purposes as described or referred to in this agreement; and to enter into and carry out contracts or agreements in connection therewith which are not inconsistent with the purposes and powers of the Authority as set forth in this AGREEMENT. n. Acquire and dispose of all kinds of property; NOTE: THIS IS AN ELECTRONIC COPY OF A SCANNED ORIGINAL. PAGE NUMBERS MAY NOT COINCIDE WITH THE ORIGINAL. o. Issue or cause to be issued bonded and other indebtedness, and pledge any property or revenue as security to the extent permitted by law under Article 2, Chapter 5, Division 7, Title I (commencing with Section 6540) of the Government Code or otherwise including, but not limited to, bonds or other evidences of indebtedness of a nonprofit corporation issued on behalf of MESA or any of its PARTIES. p. Obtain in its own name all necessary permits and licenses, opinions and rulings; q. Whenever necessary to facilitate the exercise of its powers, form and administer nonprofit corporations to do any part of what MESA could do, or to perform any proper corporate function, and enter into agreements with such a corporation; r. Accept in its own name any contribution or gift. s. Research, evaluate and make recommendations concerning the coordination and oversight of other services which may be improved through consolidation of effort, such as hazardous incident response and emergency communications. t. Provide such other services to the parties as are necessary or convenient to overall emergency preparedness coordination. 8. Exercise of Powers. The manner in which the MESA, shall exercise its powers and perform its duties is and shall be subject to the restrictions upon the manner in which a general law city which is a PARTY hereto or a county which is a PARTY hereto, as the case may be, could exercise such powers and perform such duties; and shall not be subject to any restriction applicable to the manner in which any other public agency could exercise such powers or perform such duties, whether such agency is a PARTY to this AGREEMENT or not. 9. Specific Restrictions. The following specific restrictions on the powers and functions of the Authority shall apply and be observed by the MESA: a. The MESA shall have no taxing powers. b. The MESA shall not interfere in the internal affairs of a member entity. c. The MESA shall have no veto power over grant applications submitted to state or federal agencies by a member entity. d. The MESA shall have no authority to incur any indebtedness without the unanimous approval of the parties. NOTE: THIS IS AN ELECTRONIC COPY OF A SCANNED ORIGINAL. PAGE NUMBERS MAY NOT COINCIDE WITH THE ORIGINAL. e. No MESA employee shall assume the role of Director of Emergency Services or exercise control over the resources of any of the agencies which are parties to this AGREEMENT. ? 10. Debts.. None of the debts, liabilities or obligations of MESA shall be the debts, liabilities or obligations of any of the PARTIES of MESA unless assumed in a particular case by resolution of the governing body of the PARTY to be charged. 11. Claims. All claims and actions for money or damages against the MESA and its officers and employees are governed by Division 3.6 (commencing with Section 810) of Title I of the Government Code of the State of California. The MESA shall be deemed a "public entity" within the meaning of Division 3.6 of Title I of said Government Code. 12. Interests in Contracts. The provisions of Article 4 (commencing with Section 1090), Article 4.5 (commencing with Section 1100), and Article 4.6 (commencing with Section 1120), Chapter 1, Division 4, Title I, and Sections 87100 et seq. of the Government Code of the State of California prohibiting certain financial interests in public contracts and pertaining to conflicts of interest shall apply to the officers, directors, and employees of the MESA. 13. Records and Accounts. The MESA shall cause to be kept accurate and correct books of account, showing in detail the costs of administration, operation and maintenance, and all financial transactions of the MESA. Said books of account shall be open to inspection at all times during normal working hours by the public or any representative of any of the parties hereto, or by any accountant or other person authorized by any party hereto to inspect said books of account. In accordance with Section 6505 of the Act, the books of account and other financial records of the MESA shall be audited annually. 14. Membership~ This AGREEMENT shall become effective on the date of its execution as hereinabove stated. The AGREEMENT between the PARTIES shall remain in effect as to any PARTY, unless and until it is terminated as to such PARTY by notice in writing to all other PARTIES given by the withdrawing PARTY at least one hundred twenty (120) days in advance of the effective date of such termination; provided that such termination by and as to any PARTY shall not terminate this AGREEMENT as to the remaining PARTIES or the existence of the MESA, or the Commission, herein created. Any PARTY so terminating its participation in this AGREEMENT shall be obligated to pay its pro-rata share of all encumbrances and indebtedness of the MESA (based on the population percentage of the PARTY in comparison with the total population of all PARTIES and the total indebtedness of MESA as of said date) as of the date of service of notice of termination on MESA, as a condition precedent to such NOTE: THIS IS AN ELECTRONIC COPY OF A SCANNED ORIGINAL. PAGE NUMBERS MAY NOT COINCIDE WITH THE ORIGINAL. termination and withdrawal; provided, however, that this obligation shall not extend to any indebtedness of MESA or any indebtedness of a nonprofit corporation created by MESA provided such indebtedness has been specifically assumed by contraCt between MESA and one or more PARTIES or any public agency not a member of MESA. The liability for such indebtedness shall be determined pursuant to the terms of such contracts. Notwithstanding the release from liability hereunder, the PARTY terminating shall remain contingently liable until payment in full of the interest and the indebtedness has been retired in full. 15. Staff. The staff of the Commission may be hired as full-time or part-time employees of ME SA or the Commission may independently contract for the provision of professional services as required. 16. Term. This AGREEMENT shall remain in effect until terminated by a majority vote of the PARTIES. 17. Budget Process/Funding. It is the intent of this AGREEMENT that each PARTY shall jointly approve the MESA's proposed budget for each fiscal year's operation of MESA, in the following manner, namely: a. MESA shall once each year, during the months of March and April, prepare a proposed budget for the MESA. b. After preparation of the budget, MESA shall transmit a copy of the proposed budget to each PARTY. Each PARTY shall promptly review the proposed budget. c. In the event any PARTY has specific comments, objections, additions or deletions to the proposed budget for the forthcoming fiscal year, that PARTY shall notify MESA of same in writing on or before the 15th day of May of each year. A failure to respond by the 15th day of May shall be treated as a PARTY's approval of the proposed budget. d. In the event a PARTY is not in agreement with the proposed budget, the Commission shall notify that PARTY of the time and place of the MESA meetings and it shall be incumbent upon said PARTY to be present at such meetings so that a resolution of the matter can be reached. The PARTY's failure to attend such meeting shall be treated as approval of the proposed budget. e. By no later than July 1 of each year, the Commission shall adopt the final budget. Upon final adoption of the budget by the MESA, each PARTY shall be so notified and each party shall immediately act to encumber or otherwise provide for that PARTY's share of applicable expense for the ensuing fiscal year. NOTE: THIS IS AN ELECTRONIC COPY OF A SCANNED ORIGINAL. PAGE NUMBERS MAY NOT COINCIDE V~TH THE ORIGINAL. 8 f. Each PARTY shall pay its share of the budget based on its population as a ratio of the total population of all the PARTIES as established and certified by the State Department of Finance. g. Each PARTY's share shall be due and payable in accordance with a schedule established by the Controller and approved by the Commission. In addition to the annual audits required by Government code section 6505, special audits may be called for and paid for by the Commission at any time. 18. Additional Funding. Upon the request or approval of MESA, any PARTY hereto may make payments, advances or contributions to MESA from its treasury for any and all purposes set forth herein, and upon request or approval of MESA, may contribute personnel, equipment or property, in lieu of other contributions or advances, to assist in the accomplishment of one or more of such purposes. a. All such payments, advances or contributions, whether in cash or in kind, shall be made to and may be disbursed or used by the agency herein created. b. Except as in this AGREEMENT otherwise provided, there shall be no repayment or return to any PARTY of all or any part of any payments, advances, or contributions in cash or in kind. c. Any funds received by MESA for general financial support shall accrue to the benefit of all parties and, when used for general operating expenses, the per capita contribution of the parties shall be reduced proportionately. 19. Repayment or Return of Contributions. Repayment or return to any contributing PARTY of all or part of any payments, advances or contributions in cash or in kind may be authorized by the Commission from revenues produced from the operation of the MESA or from the proceeds of the issuance of bonds or other evidences of indebtedness by the MESA. Repayment or return of contributions shall be made on a pro-rata basis at the time specified by the Commission in conformity with Government Code Section 6512.1. 20. Accountability. MESA shall be held strictly accountable for all funds and shall make an annual report to all PARTIES to this AGREEMENT of all receipts and disbursements, all in accordance with Section 6505 of the Government Code and other applicable statutes, utilizing generally accepted accounting principles. The MESA shall retain title to all equipment and assets obtained or purchased under this AGREEMENT. Upon the sale or transfer of equipment or assets, their disposition shall be determined pursuant to Section 22 of this AGREEMENT. NOTE: THIS IS AN ELECTRONIC COPY OF A SCANNED ORIGINAL. PAGE NUMBERS MAY NOT COINCIDE W1TH THE ORIGINAL. 21. Enforcement bv Authority. The MESA is hereby authorized to take any or all legal actions necessary and permitted by law to enforce this AGREEMENT or to accomplish its purposes. ? 22. Dissolution, Upon dissolution of the MESA as a legal entity, all debts of and advances of MESA shall be paid, and then the property of MESA, whether real or personal, shall be divided among and distributed to all of the PARTIES who at any time during the existence of MESA were PARTIES to this AGREEMENT in proportion to the costs borne by each such PARTY to the MESA during its legal existence by non- reimbursed contributions made pursuant this AGREEMENT. 25. Insurance. The Commission of MESA is authorized to and shall procure general comprehensive liability and other insurance by such means and in such amounts as it deems advisable to protect the MESA and each of the PARTIES hereto, charging the cost thereof to the operating costs of the MESA. 24. Immunity. All of the privileges and immunities from liabilities, exemptions from laws, ordinances and rules, all pension, relief, disability, worker's compensation, and other benefits which apply to the activity of officers, agents or employees of any such public agency when performing their respective functions within the territorial limits of their respective public agencies, shall apply to them in the same degree and extent while engaged in the performance of any of their functions or duties extraterritorially under the provision of Article 1 of Chapter 5, Division 7 of Title I of the Government Code of the State of California and as provided by law. 25. Breach. In the event that any PARTY to this AGREEMENT should at any time claim that another PARTY has in any way breached or is breaching this AGREEMENT, the complaining PARTY shall file with the governing body of the other PARTY, and with the Commission, a written claim of said breach, describing the alleged breach and otherwise giving full information respecting the same. The Commission shall thereupon, at a reasonable time and place specified by it, give all PARTIES full opportunity to be heard on the matter, and shall, upon conclusion of said hearing, give the legislative or governing bodies of all PARTIES a full report of its findings and recommendations. Said report, findings and recommendations shall be deemed advisory only, shall not in any way bind any of the PARTIES hereto, and shall not be deemed to establish any facts, either presumptively or finally. Upon receipt of said report and recommendations, if any PARTY should be dissatisfied with or disagree with the same, the legislative or governing bodies of the PARTIES in disagreement shall jointly meet with each other at a reasonable time and place to be determined by them, for the purpose of resolving their differences. No action for breach of this AGREEMENT, and no action for any legal relief because of any such breach or alleged breach of this AGREEMENT, shall be filed or commenced, and nothing shall be done by any PARTY to rescind or terminate this AGREEMENT, except as provided in this AGREEMENT, unless and until such PARTY has first given to the other PARTIES a NOTE: THIS IS AN ELECTRONIC COPY OF A SCANNED ORIGINAL. PAGE NUMBERS MAY NOT COINCIDE WITH THE ORIGINAL. 10 reasonable time, after the conclusion of said joint meeting of the legislative or governing bodies that have met to resolve their differences, within which to cure any breach or alleged breach. ? 26. Severabilitv. It is hereby declared to be the intention of the signatories to this AGREEMENT that the paragraphs, sentences, clauses and phrases of this AGREEMENT are severable, and if any phrase, clause, sentence, or paragraph of this AGREEMENT shall be declared unconstitutional or invalid for any reason by a valid judgment or decree of a Court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining paragraphs, clauses, phrases, and sentences of this AGREEMENT. 27. Notices. All notices required or given pursuant to this AGREEMENT shall be deemed properly served when deposited, postage prepaid, in the United States mail, addressed to each PARTY at the address indicated on this AGREEMENT adjacent to the signature line of each PARTY. 28. Duplicate originals. This AGREEMENT can be executed in one or more duplicate originals, each bearing the original signatures of the parties, and when so executed each duplicate original shall be deemed an original of the AGREEMENT admissible in court as evidence of the terms of the AGREEMENT. NOTE: THIS IS AN ELECTRONIC COPY OF A SCANNED ORIGINAL. PAGE NUMBERS MAY NOT COINCIDE WITH THE ORIGINAL. 11 IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT on the date first above written. CITY OF UKIAH ADDRESS ATTEST: IS~ BY: CITY CLERK ISI MAYOR CITY OF FORT BRAGG ADDRESS ATTEST: /SI BY: CITY CLERK IS~ MAYOR ATTEST: /SI CITY CLERK CITY OF POINT ARENA ADDRESS BY: IS/ MAYOR CITY OF WILLITS ATTEST: IS~ CITY CLERK ADDRESS BY: IS~ MAYOR COUNTY OF MENDOCINO ADDRESS ATTEST: ISl CLERK OF THE BOARD BY: /SI CHAIRMAN, BOARD OF SUPERVISORS APPROVED AS TO FORM: ISl H. PETER KLEIN County Counsel NOTE: THIS IS AN ELECTRONIC COPY OF A SCANNED ORIGINAL. PAGE NUMBERS MAY NOT COINCIDE WiTH THE ORIGINAL. 12 ITEM NO. 6 1 DATE: June 16, 1999 AGENDA SUMMARY REPORT SUBJECT: AWARD OF BID FOR 4 X 4 UTILITY VEHICLE TO THURSTON CHEVROLET IN THE AMOUNT OF $26,700. SUMMARY: Included in the 1998/99 budget is purchase of a sedan replacement. Quotations for delivery of one (1) new 1998 or 1999 4x4 Utility Vehicle were received from four vendors. One vendor, Harper Ford, submitted quotations for two different makes (Ford and Jeep). Each vendor included quotations for a 2-door model and an alternate 4-door model. The 4-door model vehicle is more useful, preferred and within the budgeted amount. Based on evaluation of the quotations received it was determined only Thurston Chevrolet met all specifications. The other three lower cost quotations did not meet specifications in the following ways: Harper Ford (Jeep vehicle) 1. Shift lever not on steering column. Center consol mounted shift lever significantly impedes installation of radio and warning devices. Ken Fowler Motors 1. Shift lever not on steering column. Center consol mounted shift lever significantly impedes installation of radio and warning devices. No rear window washer/wiper. . Ukiah Ford 1. 2. Engine horsepower is 160. Specifications call for 190 horsepower. No heavy duty suspension, suitable for paved/gravel road. Thus, staff recommends award of bid to Thurston Chevrolet. RECOMMENDED ACTION: Award bid in the amount of $26,700 for delivery of one (1) new 1999 4-Door 4x4 Utility Vehicle to Thurston Chevrolet. ALTERNATE COUNCIL POLICY OPTIONS: 1. Direct staff to select another quotation. 2. Determine not to purchase the vehicle. Citizen Advised: N/A Requested by: Prepared by: Coordinated with: Attachments: Candace Horsley, City Manager Roe M. Sandelin, Fire Chief Candace Horsley, City Manager 1. Tabulation of Bids. 2. Excerpt of 1998/99 Budget 3. Request for quotations APPROVED: ~.~-'~. Canda~e I~orsley, C~ty~ Aanager o o o o o o CITY of UKIAH TO: I BIDDUPLH CHEVROLET ISUZU HENRY CURTIS DOWNTON FORD SALES ESPOSTI FORD KEN FOWLER MOTORS HANSEL FORD HARPER FORD COUNTRY LASHER AUTO CENTER MANLY OLDS/GMC TRUCKS MENDO-LAKE HONDA ISUZU NILES NISSAN 300 Seminary Avenue Ukiah CA. 95482 Phone 707-463-6217 REQUEST FOR QUOTATION NO FAX WILL BE ACCEPTED RETURN THIS FORM THIS IS NOT AN ORDER W.C. SANDERSON FORD SILVEIRA PONT/BUICK/GMC TRKS THURSTON CHEVROLET UKIAH DODGE-CHRYS/PLY INC. UKIAH FORD DATE: 5/28/99 REQ. NO. E 7919 BIDS WILL BE RECEIVED UNTIL 2:00 p.m. June 9, 1999 AT TIlE OFFICE OF THE CITY CLERK 300 SEMINARY AVE. CITY of UKIAH BY: Marie Ulvila City Clerk QUOTATIONS ARE REQUESTED FOR THE FOLLOWING ITEMS: ALL QUOTATION~ SHALL BE F.O.B. UKIAH, CA. QUANTITY DESCRIPTION UNIT PRICE TOTP& 1 New 1998 or 1999 Two Door Four Wheel Drive Utility Vehicle as l~icc: per attached City of Ukiah specifications. Sales Tax: TOTAL: Alternate New 1998 or 1999 Four Door Four Wheel Drive Utility Vehicle as Price: Bid: per attached City of Ukiah specifications. Sales Tax: TOTAL: 1 ff you have questions regarding the specifications, please contact Roe Sandelin at 707-463-6263. TERMS: DEL. TO: DEL. DATE: BIDDER: BY: YITLE: Phone: Fax: DATE/BID: TERMS: 1. Right is reserved to reject any and all bids. 2. Right is reserved to accept separate items unless specifically denied by bidder. 3. in CASE OF DEFAULT, the City of Ukiah may procure the items quoted on from other sources and hold the original bidder liable for any increased costs. 4. All substitutions shall show manufacturer's name, catn~og number and comparable specs. 5. The pdce, terms, delivery point, and delivery date may individually or collectively be the basis of the awarding of the bid. $. ALL QUOTATIONS MUST BE SIGNED. OPENING DATE and TIME "MUST' be prominently displayed on submi~ng envelope. 7. In submitting the above, the vendor agrees that the acceptance of any or all quotations by the City of Ukiah, within 30 days constitutes a contract. CITY OF UKIAH SPECIFICATION FOR ONE (1) NEW 1998 or 1999 FOUR (4) WHEEL DRIVE UTILITY VEHICLE MAY 27, 1999 The City of Ukiah invites proposals for furnishing one (1) new 1998 or one (1) new 1999 year two (2) door, four (4) wheel drive utility vehicle, and alternate proposals for a four (4) door utility vehicle. Bidders who feel they can supply a comparable vehicle that does not fully meet the detailed specifications are encouraged to submit proposals. All deviations from these specifications shall be described in the bid proposal. There will be no trade-ins involved in this bid. Please contact Roe Sandelin at (707) 463-6263 if you have any questions regarding these specifications. INSTRUCTIONS TO BIDDER a. b. c. do eo g. ho The total price for the vehicle shall include all accessories and optional items. The total price shall also include all applicable taxes, registration, ownership documents, smog certificate, and transportation charges for delivery to the City of Ukiah Fire Department, at 1800 N. State Street, Ukiah, California. Only proposals from licensed auto dealers (new) will be considered. The City reserves the right to select and purchase a vehicle directly from the State of California Department of General Services. Each bidder shall attach to his bid a complete, detailed description (including a photograph) of the unit listing all accessories to be furnished with the vehicle. The vehicle furnished under these specifications shall carry the standard warranty offered to the general public. Each bidder shall attach example copies of standard warranties to the bid. In making the selection, the City will consider all factors relating to the vehicle including performance, safety, service, parts availability, as well as cost. The City reserves the right to reject any or all proposals, and to determine which proposal, in its opinion, will best serve the needs and requirements of the City. The successful bidder shall supply the vehicle fully equipped and ready for service at the time of delivery. The bidder shall prepare and submit the exempt license plate registration to the Department of Motor Vehicles on behalf of the City of Ukiah. GENERAL SPECIFICATIONS FOR UTILITY VEHICLE GROSS VEHICLE WEIGHT RATING: 4,800 lbs., minimmn EXTERIOR FEATURES: White body paint, non-metallic, clear coat (no two-tone paint) *Two (2) door body Two (2) outside rear view mirrors Full size spare tire, mounted under body Front windshield intermittent wiper Rear window defroster/wiper/washer Lift gate/lift glass No sunroof INTERIOR FEATURES: Ak conditioning Cloth interior, medium gray, tan, beige or other light tone colors preferred Bucket or captain seats, cloth, manual adjust Rear folding bench seat Air bags, driver and front passenger Power door locks Power windows AM/FM radio Digital clock No vinyl seats DRIVE TRAIN: Automatic transmission with overdrive, shifter on steering column Anti-lock braking system, four wheel 3.73 axle ratio Engine horsepower 190, minimum Heavy duty suspension, suitable for paved/gravel road Alternator 95 amperes, minimum Power assisted steering SHOP MANUALS: Factory shop manuals consisting of all technical material to troubleshoot, repair and adjust all components of the vehicle including the chassis, engine and electrical system. One (1) set shall be supplied *ALTERNATE BID REQUESTED: Four (4) door body instead of two (2) door body. All other specifications the same. SUGGESTED MODELS: Chevrolet Blazer, Ford Explorer, GMC Jimmy, Jeep Cherokee or equivalent make/model meeting City Specifications ITEM NO. DATE: Sa June 16, 1999 SUBJECT: AGENDA SUMMARY REPORT INTRODUCTION OF ORDINANCE AMENDING CITY OF UKIAH CODE SECTION 2605 - AREA OF DISTRICT, MODIFYING THE BOUNDARIES OF THE CITY OF UKIAH DOWNTOWN PARKING AND BUSINESS IMPROVEMENT DISTRICT In April of 1999, the City received a letter from Dennis Denny, President of the Main Street Board of Directors, requesting an expansion of the Downtown Parking and Improvement District. In general terms, the additional area includes Mill Street to Gobbi Street, and Main Street to Oak Street. At the May 5, 1999 meeting of the City Council, staff was directed by the City Council to begin the procedures for expanding the boundaries of the District. In accordance with the Parking and Business Improvement Law of 1989, and Streets and Highways Code Section 36540, the City Council adopted the Resolution of Intention to Modify the Boundaries of the City of Ukiah Downtown Parking and Business District Improvement Area (Attachment 1) at the May 19, 1999 City Council meeting. That was the first step in the process of the proposed expansion. The purpose of the Resolution of Intention was to define the area of proposed expansion, describe how fees are to be assessed, describe how the revenue generated will be spent, and set the date for the second step, which is the public hearing. CONTINUED ON PAGE 2 RECOMMENDED ACTION: If a majority protest is not received, introduce the Ordinance Amending City of Ukiah Code Section 2605 - Area of District. ALTERNATIVE COUNCIL POLICY OPTIONS: If a majority protest is received or it is determined that introduction of the ordinance is inappropriate, remand to staff with direction. Citizen Advised: N/A Requested by: The Main Street Board of Directors Prepared by: Michael Flad, Assistant City Manager Coordinated with: Candace Horsley, City Manager David J. Rapport, City Attorney 1. Ordinance of the City Council of the City of Ukiah Modifying the Boundaries of the Parking and Business Improvement Area by Adding Section 2605.5 to the Ukiah City Code. 2. Resolution No. 99-41 - Resolution of Intention to Modify Boundaries of City of Ukiah Downtown Parking and Business Improvement Area. 3. Chapter 7, Section 2605, Ukiah Municipal Code - Establishing a Parking and Business District and Benefit Zone. 4. California Streets and Highways Code Sections 36524-36527 5. Map of proposed expansion area 6. Notice of Public Hearing dated June 6, 1999. Attachments: APPROYED:~: canaace Horsley, CitlManager Introduction of Ordinance Amending City of Ukiah Code Section 2605 - Area of District, Modifying the Boundaries of the City of Ukiah Downtown Parking and Business Improvement District June 16, 1999 Page 2 Notice of tonight's public hearing has been published and mailed to each owner of a business affected by the proposed modification in the manner required by Street and Highways Code Section 36523 for the purpose of soliciting any support or protest. The public hearing shall be conducted as required in Sections 36524 and 36525 (attached). Under these procedures, any affected business may file a written or oral protest to the proposed expansion. Businesses may file written or oral protests prior to or at the scheduled hearing and upon receipt of a majority protest, the City must abandon the proposed modification for at least one year. Staff will provide an accounting of those businesses that have filed a protest, to the City Council at the meeting. If the expansion is adopted as proposed, the new businesses within the expansion area would pay an additional business license fee up to $250 to go towards the Main Street Program. The total estimated revenue generated for the Main Street Program as a result of the proposed expansion is $1,962. If the expansion is adopted the City Council needs to introduce and adopt an ordinance amending Ukiah Municipal Code Chapter 7, Section 2605. Section 2605 specifically describes the boundaries of the Improvement District. In order to complete the proposed expansion process, the City Council should introduce the attached ordinance tonight and adopt the Ordinance at the regularly scheduled July 7, 1999 City Council meeting. Representatives from the Main Street Program, affected businesses, and staff will be available at the meeting to answer questions. R:I~MIKE:kk ABOUNDARIES ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH MODIFYING THE BOUNDARIES OF THE PARKING AND BUSINESS IMPROVEMENT AREA BY ADDING SECTION 2605.5 TO THE UKIAH CITY CODE The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE. FINDINGS. The City Council hereby finds as follows: 1. On May 19, 1999, the City Council adopted pursuant to Streets and Highways Code Section 36500 et. seq. Resolution No. 99-41, entitled RESOLUTION OF INTENTION TO MODIFY BOUNDARIES OF CITY OF UKIAH DOWNTOWN PARKING AND BUSINESS IMPROVEMENT AREA. 2. On June 16, 1999, at the City Council Chambers at Ukiah Civic Center, 300 Seminary Avenue, Ukiah, the City Council conducted a public hearing on the proposed boundary modification. 3. The City Council received and considered all protests submitted in writing at or before the public hearing. 4. After considering all filed written protests the City Council determines that the Downtown Parking and Business Improvement area should be modified as proposed in the Resolution of Intention, and the Ordinance modified as set forth herein. 5. This Ordinance will modify the Downtown Parking and Business Improvement Area previously established in Division 2, Chapter 7 of the Ukiah City Code, commencing with Section 2604. 6. All businesses within the Downtown Parking and Business Improvement Area, including those businesses added to the area by the modifications provided in this Ordinance, shall be subject to all amendments to Division 18, Part 5 of the California Streets and Highways Code, commending with Section 36500. 7. The method and basis of levying assessments and the improvements and activities funded by the levy of the assessments are not affected by this Ordinance. All revenues from the levy of the assessments will be used to benefit businesses within the parking and business improvement area, as modified, and will not be used outside the area or for any purpose other than the purposes approved by the City Council in accordance with the applicable provisions of the Streets and Highways Code and the Ukiah City Code. Ordinance No. Page 1 of 3 8. The businesses and property within the modified boundaries of the Downtown Parking and Business Improvement Area will be benefitted by the improvements and activities funded by the assessments to be levied in that area. 9. This Ordinance does not change the time and manner of collecting assessments. SECTION TWO. ADDITION OF SECTION 2605.5 Section 2605.5 is hereby added to the Ukiah City Code to read as follows: Section 2605.5: ADDITION OF AREA TO DISTRICT: In addition to the area described in Section 2605 of this Code, the downtown parking and business improvement area shall include an area described as follows' Beginning at the south boundary line of the existing Downtown Parking and Improvement District at the intersection of the centerline of Oak Street and the westerly extension of the south property line of parcel 002-301-37; thence heading southerly along the centerline of Oak Street to its intersection with Gobbi Street; thence easterly along the centerline of Gobbi Street to its intersection with the southerly extension of the east property line of parcel 002-302-49; thence heading northerly along the east property line of said parcel to its intersection with the south property line of parcel 002-302-32; thence easterly along the south property line of said parcel to its southeast corner; thence northerly along the eastern property line of said parcel to its northeast corner; thence northerly along the eastern property line of parcel 002-302-25 to its northeast corner; thence westerly along the north property line of said parcel to the southeast corner of parcel 002- 302-52; thence northerly along the east property line of said parcel to its northeast corner; thence a straight line northwesterly to the southeast corner of parcel 002- 302-37; thence northerly along the east property line of said parcel to its northeast corner; thence easterly along the north property line of parcel 002-302-38 to a point approximately 121 feet east of the southeast corner of parcel 002-302-55, referred to as the southeast corner of parcel 002-302-29 in Municipal Code section 2605, the south boundary line of the existing Downtown Parking and Improvement District. The area added by this Section shall be assessed and shall benefit in the same manner and subject to the same conditions as the area described in Section 2605. SECTION THREE. PUBLICATION. This Ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. SECTION FOUR. EFFECTIVE DATE. Ordinance No. Page 2 of 3 This Ordinance shall become effective thirty (30) days after adoption. Introduced by title only on , by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Passed and adopted on AYES: NOES: ABSTAIN: ABSENT: , by the following roll call vote. ATTEST: Jim Mastin, Mayor Marie Ulvila, City Clerk B:I\ORD BOUNDARIES Ordinance No. Page 3 of 3 RESOLUTION NO. 99-41 RESOLUTION OF INTENTION TO MODIFY BOUNDARIES OF CITY OF UKIAH DOWNTOWN PARKING AND BUSINESS IMPROVEMENT AREA WHEREAS, . The City Council of the City of Ukiah ("Council") has established a downtown City of Ukiah Parking and Business Improvement Area, known as the Parking and Business Improvernent District ("Improvement Area"); and . The Council intends to change the boundaries of the Improvement Area as more particularly described below; and . For fiscal year 2000 (July 1, 1999 to June 30, 2000), the Council intends to levy and collect assessments within the Improvement Area as modified on the same basis as fees are levied and collected within the boundaries of the Improvement Area as currently established; and 4. The Council has approved the improvements and activities for the Improvement Area as modified which are described generally as follows: Holiday Trolley Tree Lights on School Street Planter Triangle Program Monthly Comedy Shows at Main Street Comedy Club New Year's Eve Dinner and Dance Annual Membership Dinner Cinco de Mayo Street Faire Taste of Downtown Promotional Events at/for Farmer's Market Newsletter to all Main Street Members Welcoming new businesses to downtown Sponsoring other downtown programs Quarterly California Main Street Networking meetings and seminars Yearly National Town Meetings Concert in the Park Fundraiser Resolution No. 99-41 Page 1 of 3 o The current boundaries of the Improvement Area are described in Ukiah City Code Section 2605, copies of which are available for inspection at Ukiah Civic Center, 300 Seminary Avenue; and . The modified boundaries of the Improvement Area will include the additional area described as follows: Beginning at the south boundary line of the existing Downtown Parking and Improvement District at the intersection of the centerline of Oak Street and the westerly extension of the south property line of parcel 002-301-37; thence heading southerly along the centerline of Oak Street to its intersection with Gobbi Street; thence easterly along the centerline of Gobbi Street to its intersection with the southerly extension of the east property line of parcel 002-302-49; thence heading northerly along the east property line of said parcel to its intersection with the south property line of parcel 002-302-32; thence easterly along the south property line of said parcel to its southeast corner; thence northerly along the eastern property line of said parcel to its northeast corner; thence northerly along the eastern property line of parcel 002-302-25 to its northeast corner; thence westerly along the north property line of said parcel to the southeast corner of parcel 002- 302-52; thence northerly along the east property line of said parcel to its northeast corner; thence a straight line northwesterly to the southeast corner of parcel 002- 302-37; thence northerly along the east property line of said parcel to its northeast corner; thence easterly along the north property line of parcel 002-302-38 to a point approximately 121 feet east of the southeast corner of parcel 002-302-55, referred to as the southeast corner of parcel 002-302-29 in Municipal Code section 2605, the south boundary line of the existing Downtown Parking and Improvement District. NOW, THEREFORE, BE IT RESOLVED as follows: . The hearing on a proposed ordinance to modify the boundaries of the Improvement Area shall be scheduled for June 16, 1999, commencing at 7:00 p.m. or as soon thereafter as the matter may be heard at the City Council Chambers located at 300 Seminary Avenue, Ukiah, California, 95482; and . At the scheduled hearing date and time, oral or Written protests may be made. The form and content of those oral or written protest must conform to the requirements of Streets and Highways Code Sections 36524 and 36525, true and correct Resolution No. 99-41 Page 2 of 3 copies of which are attached hereto as Exhibit "A". 3. ']"he City Clerk is hereby directed not less than seven days before the public hearing to give notice of the public hearing by causing this resOlution of intention to be published once in a newspaper and general circulation in the City and to be mailed by first-class mail to each business owner in the area proposed to be added to the Improvement Area. roll call vote: PASSED AND ADOPTED on this...19th AYES: NOES: None. ABSTAIN' None. ABSENT: Councilmember Smith. day,. May, 1999, by the following Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. ATTEST: Marie Ulvila, City Clerk astin, Mayor Resolution No. 99-41 Page 3 of 3 §2604 §2605 CHAPTER 7 ESTABLISHING A PARKING AND BUSINESS DISTRICT Al,ID BENEFIT ZONE SECTION' §2604: §2605: §2606: §2607: §2608: §2609: §2610: §2611: Establishment of District Area of District Assessment Revenue Uses Benefit Zone Collection Enforcement Provisions Severability §2604: ESTABLIStlMF, NT O¥ DISTRICT: There is hereby established a Parking and Business Improvement District and Benefit Zone pursuant to Part 6, Division 18 (Sections 36500 et seq.) of the Streets and Highway Code of the State of California. (Ord. 777, §1 adopted 1982) §2605' ARF. A O17 DISTRICT: The district shall comprise the area described as follows- Beginning at the intersection of the centerline of Oak Street with the centerline of Henry Street; thence easterly along the centerline of Henry Street to its intersection with the southerly extension of the west property line of parcel 002-184-18; thence northerly along the west property line of said property to its northwest corner; thence easterly along its north property line to the intersection with tile west property line of parcel 002-184-26; thence northerly along the west property line of said property to its northwest corner; thence northerly and westerly along the west property line of parcel 002-184-11 to the northwest corner of said parcel; thence northerly along the west property line of parcel 002-184-31 to its northwest corner; 2081 §2605 §2605 thence easterly along the north property line of said parcel to its intersection with the west property line of parcel 002-184-02; thence northerly and westerly along the west property line of said parcel to its intersection with the centerline of Scott Street; thence easterly along tile centerline of Scott Street to its intersection with the centerlir~e of State Street; thence northerly along the centerline of State Street to its intersection with the centerline of Norton Street; thence easterly along the centerline of Norton Street to its intersection with the northerly extension of the east property line of parcel 002-153-28; thence southerly along the east property line of said parcel to the southeast corner of said parcel; thence easterly along the north property line of parcel 002-153-30 to the northeast corner of said property; thence southerly along the east property line of said parcel to its southeast corner; thence southerly along the east property line of parcel 002-153-34 to its southeast corner; thence southerly along the east property line of parcel 002-150-33 to its southeast corner; thence southerly along the east property line of parcel 002-153-29 to its southeast corner; thence southerly along the east property line of parcel 002-153-27 to its intersection with the north property line of parcel 002-191-14; thence easterly along said north property line of said property to its northeast corner; thence southerly along the east property line of said property to its southeast corner; thence westerly along the south property line of said parcel to its intersection with tile east property line of parcel 002-191-08; thence southerly along the east property line of said parcel to its southeast corner; thence a straight line southerly across Smith Street to the northeast corner of parcel 002-192-01; thence southerly along the east property line of said parcel to its southeast corner; thence southerly along the east property line of parcel 002-192-02 to its southeast corner; thence southerly along the east property line of parcel 002-192-03 to its southeast corner; thence a straight line southerly across Standley Street to the northeast corner of parcel 002-192-18; thence southerly along the east property line of said parcel to its southeast corner; thence a straight line southeasterly across Perkins Street to the northeast corner of parcel 002-231-01; thence southerly along tile east property line of said property to its southeast corner; thence southerly along the east property line of parcel 002-231-02 to its southeast corner intersecting the north property line of parcel 002-231-09; thence easterly along the north property line of said parcel to its northwest corner; thence southerly along the east property line ol subject parcel to its southeasterly corner; thence westerly along the south property line of said parcel to its intersection with the east property line of parcel 002-231-27; thence southerly along the east property line of said parcel to its southeast corner; thence westerly along the south property line of said parcel to its intersection with the east property line of parcel 002-231-25; thence southerly along the east property line of said parcel to its intersection with the north property line of parcel 002-231-16; thence easterly along the north property line of said parcel to its northeast corner; thence southerly along the east property line of said parcel to its southeast corner; thence a straight line southwesterly across Clay Street to the northeast corner of parcel 002-28'1-27; thence southerly and easterly along the north and east property lines of 2O82 §2605 §2605 said parcel to its southeast corner; thence westerly and southerly to the southwest corner of said property intersecting the northwest corner of parcel 002-281-24; thence southerly along the east property line of said parcel to its southeast corner; thence southerly along the east property line of parcel 002-281-21; thence a straight line southwesterly across Cleveland Lane to the northeast corner of parcel 002-311-01; thence southerly along the east property line of said parcel to its southeast corner; thence southerly along the east property line of parcel 002-311-12 to its southeast corner; thence southerly along the east property line of parcel 002-311-05 to its southeast corner; thence easterly along the north property line of parcel 002-311-06 to its northeast corner; thence southerly along the east property line of said parcel to its southeast corner; thence easterly along the north property line of parcel 002-311-07 to its northeast corner; thence southerly along the east property line of said parcel to its southeast corner; thence westerly along the south property line of said parcel to its southwest corner; thence westerly along the south property line of parcel 002-302-36 to its intersection with the southeast corner of parcel 002-302-29; thence northerly along the east property line of said parcel to its northeast corner; thence westerly along the north property line of said parcel to its northwest corner; thence a straight line westerly across Main Street to the southeast corner of parcel 002-302-27; thence westerly along the south property line of said parcel to its southwest corner; thence westerly and northerly along the south property line of parcel 002-302-26 to its southwest corner; thence westerly along the south property line of parcel 002-302-17 to its southwest corner; thence a straight line southwesterly across South State Street to the southeast corner of parcel 002-301-03; thence westerly along the south property line of said parcel to its southwest corner; thence northerly along the west property line of said parcel to its intersection with the south property line of parcel 002-301-37; thence westerly along the south property line of said parcel to its southwest corner; thence in a straight line northwesterly across Oak Street to the southeasterly corner of parcel 001-304-03; thence westerly along the south property line of said parcel to its southwest corner; thence westerly along the south property line of parcel 001-304-02 to its southwest corner; thence northerly along a west property line of said parcel to its northwest corner; thence a straight line northerly across Mill Street to the southwest corner of property 001-294-26; thence northerly along the west property line of said parcel to its northwest corner; thence northerly along the west property line of parcel 001-294-27 to its northwest corner; thence easterly along the north property line of said parcel to its intersection with the west property line of parcel 001-294-11; thence a straight line northeasterly across Jones Street to the southwest corner of parcel 001-293-12; thence northerly along the west property line of said parcel to its northwest corner; thence northerly along the west property line of parcel 001-293-11 to its northwest corner; thence westerly along the north property line of parcel 001-293-10 to its northwest corner; thence westerly along the north property line of parcel 001-293-09 to its northwest corner; thence westerly along the north property line of · parcel 001-293-08 to its northwest corner; thence westerly along the north property line 12/92 2083 §2605 §2607 of parcel 001-293-13 to its northwest corner; thence westerly along the north property line of parcel 001-293-06 to its northwest corner; thence westerly along the north property line of parcel 001-293-05 to its northwest corner; thence westerly along the north property line of parcel 001-293-04 to its northwest corner; thence westerly along the north property line of parcel 001-293-03 to its northwest corner; thence westerly along the north property line and property line extension of parcel 001-293-01 to its intersection with the centerline of Dora Street; thence northerly along said centerline of Dora Street to its intersection with the centerline of Clay Street; thence easterly along said centerline of Clay Street to its intersection with the centerline of Oak Street; thence northerly along the centerline of Oak Street to its intersection with the centerline of Henry Street and the point of the beginning. (Ord. 777, §1, adopted 1982;amd. by Ord. 883,§1, adopted 1989) §2606: ASSESSMV. NT: An assessment shall be made upon the annual business license tax normally imposed upon each business in the District and shall be in an amount equal to one hundred percent (100%) of the business license tax for that business, but in no event shall the assessment for any one business exceed two hundred fifty dollars ($250.00). (Ord. 777, §1, adopted 1982; amd by Ord 931 §1 · adopted 1992) ' ' ' , §2607: REVENUE USES- Revenue shall be put to the following uses: 2/92 2O84 §2607 A. B, Co §2608' §2611 Decoration of any public place in the area. Promotion of public events which are to take place in public places in the area. The 9eneral promotion of business in the area. (Ord. 777, §1, adopted 1982) BENEFIT ZONE: There shall be just one benefit zone which shall comprise the entire area of the district. (Ord. 777, §1, adopted 1982) §2609' COLLECTION: Ao Assessments shall be due and payable at the time City business licenses are due and payable. Bo The Finance Officer of the City is charged with collection of the assessments. (Ord. 777, §1, adopted 1982) §2610: ENFORCEMENT PROVISIONS- Enforcement provisions as provided in Article 6 of the Municipal Code shall apply to the enforcement of this ordinance including the penalties for violation therebf provided in §2175 of this Code. (Ord. 777, §1, adopted 1982) §2611' SEVERABILITY: If any section, subsection, paragraph, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Chapter. The City Council of the City declares that it would have passed the remaining portions of this Chapter if any. (Ord 777, §1 adopted 1982) ' , 2085 c:3(,520-36529) http:tTx~'avxv, leginfo.ca.gov/cgi-bin/display...on=shc&group=36001-37000&file=36520-36529 36523. Notice of a public hearing held under Section 36524, 36541, 36542, or 36550 shall be given by both of the following: (a) Publishing the resolution of intention in a newspaper of general circ~llation in the city once, for at least seven days before the public hearing. (b) Hai!inq of a complete copy of the resolution of intention bv first-class mail to each business owner in the area within seven d~ys of the city council's adeption of the resolution of intention. (c) Notwithstanding subdivision (b), in the case of an area established primarily to promote tourism, a copy of the resolution of intention shall be mailed by first-class mail within seven days of t}~e city cou~cil's adoption of the resolution of intention, to the c~vner of each business in the area which will be subject to assessment. 36523.5. Notwithstanding Section 36523, prior to adopting any new or increased assessment, the city council shall give notice pursuant to Section 54954.6 of the Government Code in lieu of publishing notice pursuant to subdivision (a) of Section 36523. 36524. (a) At the public hearing, the city council shall hear and consider all protests against the establishment of the area, the extent of the area, or the furnishing of specified types of improvements or activities within the area. A protest may be made orally or in writing by any interested person. Any protest pertaining to the regularity or sufficiency of the proceedings shall ?)e ].n writing and shall clearly set forth the irregularity or defect to which the objection is made. (b) Every written protest shall be filed with the clerk at or before the time fixed for the public hearing. The city council may waive any irregularity in the form or content of any written protest and at the public hearing may correct minor defects in the proceedings. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. (c) Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the city as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business. A wr.J. tten protest which does not comply with this section shall not be counted in determining a majority protest. 36525. (a) If written protests are received from the owners of businesses in the proposed area which will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than that 50 percent, no further proceedings to create the specified parking and business improvement area or to levy the proposed assessment, as contained in the ~esc|.uticn of intention, shall be taken for a ~eried of one year frcm tl}~e date of t|~e finding of a majority pro,est ~y tile cJ. ty co~]i~cil. (b) If the majority protest is only against the furnishing of a specified type or types of improvement or activity within the area, those types of improvements or activities shall be eliminated. 09/22/98 13:54:41 http:'"/wwxv'legin£o.ca.gov/cgi-bin/display...on-_she&group=3600 l~37000&file=36520-36529 36.526. (a) At the conclusion of the public hearing to establish the area, the city council may adopt, revise, change, reduce, cr modify r. he proposed assessment or the type or types of improvements and ~c',:~-vities to be funded :vith the revenue from the assessmenus. (b) Az t'.~e pub].ic ;'e~-r£ng, the city ccuncii may only make changes ~-, is, cr from, the boundaries of the proposed parking and bus"ness i-mprcvemen~z ar.~_a fha~ wi!~ exclude terrltcry which wiii nor benefit £rom the proposed improvements or activities. However, proposed assessments may only be revised by reducing any or all of them. (c) The city council shall not change the boundaries of the area to include any territory that will not, in its judgment, benefit by the i:nprcvement or aczivi~zy. ~'=' addition of territory to the proposed boundaries of the area may be made only upcn notice to the c:-~ners of the businesses proposed to be added t~ the area, as provided in Section 36.523, and upon a public hearing on the addition of territory, as provided in Section 36524. 36527. If the city council, following the public hearing, decides to establish the proposed parking and business improvement area, it shall adcDt an ordinance to that effect. The ordinance shall ccnUain all of the following: (a) The number, date of adoption and title of the resolution of intention. ' (b) The time and place where the public hearing was held concerning the establishment of the area. (c) A determination regarding any protests received at the public hearing. (d) The description of the boundaries of the area and of each separate benefit zone established within the area. (e) A statement that a parking and business improvement area has been established and the name of the area. {f) A statement that the businesses in the area established by the ordinance shall be subject to any amendments to this part. - (g) The description of the method and basis of levying the assessments, with a breakdown by classification of businesses i= c!assificaticn is used. ~ a (h) A statement that the improvements and activities to be provided in the area will be f~nded by the levy of the assessments. The revenue from the levy of assessments within an area shall not be used to provide improvements or activities outside the area or for any purpose other than the purposes specified in the resolution of intention, as modified by the city council at the hearing concerning establishment of the area. (i) A finding that the businesses and the property within the business and improvement area will be benefited by the improvements and activities funded by the assessments proposed to be levied, in the case of an area formed to promote tourism, only businesses that benefit from tourist visits may be assessed. (j) The time and manner of collecting the assessments. 36=28. The city council ma-; establish one or mc__ and may impose a " - .... -----~ =~ ue provzce~ wiUhin One DenefiC zone different assessment within each benefit zone. 09/22/98 13:54:41 ~ ® · ~ CITY OF UKIAH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a Public Hearing has been scheduled for Wednesday, June 16, 1999, at 7:00 p.m., or as soon thereafter as can be heard, in the City of Ukiah City Council Chambers, 300 Seminary Avenue, Ukiah, CA, for the purpose of Adopting a Resolution Modifying Boundaries of City of Ukiah Downtown Parking and Business Improvement Area. For fiscal year 1999/2000 the Council intends to levy and collect assessments within the Improvement Area, as modified, in order to provide the following improvements and activities for the Improvement Area: Holiday Trolley, tree lights on School Street, Planter Tdangle Program, Monthly Comedy Shows, New Year's Eve Dinner and Dance, Annual Membership Dinner, Cinco de Mayo Street Faire, Taste of Downtown, Promotional Events at/for Farmer's Market, Newsletter to all Main Street Members, welcoming new businesses to downtown, sponsoring other downtown programs, quarterly California Main Street networking meetings and seminars, and Concert in the Park Fundraiser. The modified boundaries of the Improvement Area will include the additional area described as follows: Beginning at the south boundary line of the existing Downtown Parking and Improvement District at the intersection of the centerline of Oak Street and the westerly extension of the south property line of parcel 002-301-37; thence heading southerly along the centerline of Oak Street to its intersection with Gobbi Street; thence easterly along the centerline of Gobbi Street to its intersection with the southerly extension of the east property line of parcel 002-302-49; thence heading northerly along the east property line of said parcel to its intersection with the south property line of parcel 002-302-32; thence easterly along the south property line of said parcel to its southeast corner; thence northerly along the eastern property line of said parcel to its northeast corner; thence northerly along the eastern property line of parcel 002-302-25 to its northeast corner; thence westerly along the north property line of said parcel to the southeast corner of parcel 002-302-52; thence northerly along the east property line of said parcel to its northeast corner; thence a straight line northwesterly to the southeast corner of parcel 002-302-37; thence northerly along the east property line of said parcel to its northeast corner; thence easterly along the north property line of parcel 002-302-38 to a point approximately 121 feet east of the southeast corner of parcel 002-302-55, referred to as the southeast corner of parcel 002-302-29 in Municipal Code section 2605, the south boundary line of the existing Downtown Parking and Improvement District. At the scheduled hearing date and time, oral or written protests may be made. The form and content of the oral or written protest must conform to the requirements of Streets and Highways Code Sections 36524 and 36525. The proposed effective date for expansion of the boundaries to include the affected businesses is July 1, 1999. A copy of the proposed resolution, Municipal Code section 2605, Streets and Highways Code Sections 36524 and 36525, and a map of the expansion area are available for inspection at the Ukiah Civic Center, 300 Seminary Avenue, from 8:00 a.m. to 5:00 p.m. on any weekday, Monday through Friday, excluding City recognized holidays. For further information you may contact Michael Flad, (707) 463-6269. /s/Marie Ulvila, City Clerk. Publish- June 6, 1999 AGENDA SUMMARY ITEM NO. 8b DATE: JUNE 19, 1999 REPORT SUBJECT: PUBLIC HEARING FOR THE ADOPTION OF RESOLUTION REVISING CAPITAL IMPROVEMENT FEES FOR THE AIRPORT INDUSTRIAL PARK Summary Submitted for the City Council's consideration is a proposal to revise the Capital Improvement Fees, which are currently imposed on parcels of land within the Airport Industrial Park upon their development. A report entitled "Engineering Report for the Revision of the Airport Industrial Park Capital Improvement Fees", dated May 28, 1999 (Engineering Report) has been prepared for the purpose of presenting the information relevant to the proposed revision to the Capital Improvement Fees (attached). The Engineering Report was prepared in compliance with Division 9 of the Ukiah Municipal Code and the State of California Government Code Sections 66000 et. seq., pertaining to fees for development projects. The Engineering Report has been available for inspection by the public at City Hall at least 10 days prior to the noticed public hearing. The Notice of Public Hearing was published in the local newspaper twice on June 6, and June 13, 1999, in accordance with the law. In addition, the notice of the public hearing and a copy of the Engineering Report were mailed to all property owners of record 15 days prior to the public hearing. CONTINUED ON PAGE 2 RECOMMENDED ACTION' After receiving public testimony concerning the proposed revision to the Capital Improvement Fees, adopt the Resolution "Revising the Capital Improvement Fees for the Airport Industrial Park". ALTERNATIVE COUNCIL POLICY OPTIONS' 1. Do not adopt Resolution. 2. Refer matter back to staff for further modifications. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Pursuant to Law. Rick H. Kennedy, Director of Public Works/City Engineer Rick H. Kennedy, Director of Public Works/City Engineer Candace Horsley, City Manager 1. Resolution for Adoption. 2. Notice of Public Hearing. 3. Engineering Report dated May 28, 1999. 4. o Level of Service calculations prepared by Redwood Business Park Developer. Correspondence from Steve Weinberger dated May 31, 1999. R:I~PW:kk Candace Horsley, City Mlnager AFEES.AIP Public Hearing for the Adoption of Revised Capital Improvement Fees for the Airport Industrial Park June 16, 1999 Page 2 As described in the Engineering Report, circumstances and engineering assumptions in support of the amount of the fees initially adopted for imposition on the parcels have incurred changes. The changed conditions and assumptions reduce the scope of mitigation adopted for the Hastings Avenue/Washington Avenue and State Street intersection, and increase the level of effort in the mitigation for the US 101 southbound off-ramp and Talmage Road intersection. The cost to construct the modified mitigations is considerably lower than the initial total costs, therefore, a reduction in the Capital Improvement Fees imposed per acre of developable land based on proposed land use is appropriate. The proposed and current Capital Improvement Fees are shown on Attachment "1" of the Engineering Report. Submitted for adoption is a resolution "Revising the Capital Improvement Fees for the Airport Industrial Park." After conducting the public hearing for the purpose of receiving written and oral presentations concerning this matter, staff recommends that the City Council adopt the resolution revising the Capital Improvement Fees for the Airport Industrial Park. Background information concerning the establishment of Capital Improvement Fees for the Airport Industrial Park is provided in the Engineering Report. Redwood Business Park had indicated that it disagrees with the need to provide a second westbound left-turn lane on Talmage Road at ^irport Park Boulevard, and the need to widen the north side of Talmage Road between the US 101 southbound off-ramp and Airport Park Boulevard. The developer contends that the existing inside westbound through lane can be converted to a combination through-left turn lane to create the second westbound left turn lane. The developer also contends that level of service for the left-turn movement can be improved by modifying the signal timing and he has submitted level of service calculations in support of his position. Staff disagrees with his assumptions, traffic volumes utilized, in particular, the number of east- and westbound through Talmage Road traffic, and the amount of green time assigned to each movement. As indicated in Mr. Weinberger's letter of May 31, 1999, there are other issues and concerns raised by staff and the City's Consultant. These issues will be presented during staff's presentation and during the public hearing. RHK:kk R:I~W AFEES.AIP RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH REVISING THE CAPITAL IMPROVEMENT FEES FOR THE AIRPORT INDUSTRIAL PARK WHEREAS, on May 7, 1997, the Ukiah City Council adopted Resolution No. 97-70 Establishing the Airport Industrial Park Capital Improvement Fees within the City of Ukiah subsequent to receiving a revised Engineering Report for the Establishment of Airport Industrial Park Capital Improvement Fees and conducting a public hearing to receive public testimony in accordance with law; and WHEREAS, the Capital Improvement Fees are to fund identified off-site capital improvements needed to mitigate impacts caused by development within the Airport Industrial Park; and WHEREAS, an "Engineering Report for the Revision of the Airport Industrial Park Capital Improvement Fees" dated May 28, 1999, ("Engineering Report") has been prepared and presented to the City Council and made available to the public for inspection at the Civic Center during regular business hours 10 days prior to the public hearing; and WHEREAS, the Engineering Report describes changes to circumstances and engineering assumptions in support of the amount of the fees established by Resolution No. 97-70, thereby necessitating a revision to the Capital Improvement Fees; and WHEREAS, the changed circumstances and engineering assumptions reduce the total cost to construct the off-site capital improvements needed to mitigate impacts caused by the development within the Airport Industrial Park and, therefore, the Capital Improvement Fees imposed on developable land based on proposed land use should be reduced to reflect the reduction in the total cost to construct the improvements; and Resolution No. ,,~~~/../'~,~__,,r~ ~ ,4~. /" Page 1 of 3 WHEREAS, the notice of the hearing on the proposed revision to the Airport Industrial Park Capital Improvement Fee was provided to those requesting advance notice pursuant to Section 66017 of the State of California Government Code, not less than 14 days prior to the hearing; and WHEREAS, a Notice of Public Hearing was published in accordance with Section 6062a of the State of California Government Code. NOW, THEREFORE, IT IS HEREBY RESOLVED by the Ukiah City Council as follows: Revised Fee. The Capital Improvement Fees imposed on parcels within I , the Airport Industrial Park per acre of developable land based on proposed land use shall be revised to the following: Fast food restaurant - $15,876.28; Gas station/mini-mart - $24,859.16; Office/retail- $4,189.42; Retail- $4,870.80; Industrial- $1,611.66; Auto dealership - $3,440.16; Auto parts/auto care - $5,260.03. These fees are shown on Attachment "1" of the Engineering Report and they are based on the future value of capital needed to construct the identified improvements five (5) years from the date of adoption of this Resolution. The amount of fee due for each parcel to be developed shall be discounted to its present value at the time payment is made on an annual interest rate of 5.25%, and the time remaining in full quarter increments of a year of the five (5) year period. Discount factors are provided in Attachment "K" of the Engineering Report. 2. Reimbursement of Excess Funds. Pursuant to Section 66001 of the State of California Government Code, fees already collected from developed parcels in excess of the new revised fees shall be reimbursed to the current record owner or owners including the interest accrued thereon. The reimbursements shall be made as shown in Attachment "L" of the Engineering Report. The reimbursements shall be made within 30 Resolution No. Page2of3 ~ ~/~. ~ calendar days from the date the 90 day period of filing a protest has expired, unless a protest or legal challenge is filed. 3. Effective Date of Revised Fees. The effective date for the implementation of the revised fee shall be June 17, 1999. It has been determined that the 60 day delay in the application of new fee or increases in the fee from the date of adoption of the establishing Resolutio~ t,,Jrsuant to Section 66017 of the State of California Government Code does not apply to a reduction to an existing Capital Improvement Fee. 4. Filing a Protest. The 90 day period for filing a protest pursuant to the State of California Government Code Section 66020 begins on the date this Resolution is adopted by the City Council. 5. Judicial Action to Challenge this Resolution.. The time limits provided in State of California Government Code Section 66020 for filing an action or preceding to attack, review, set aside, void or annul the proposed revised fees by this Resolution apply. 6. Provisions of Resolution No. 97-70. All provisions of Resolution No. 97-70 not revised by or not in conflict with this Resolution shall remain in full force and effect. PASSED AND ADOPTED on this day, following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ,1999, by the Jim Mastin, Mayor ATTEST: Marie Ulvila, City Clerk Resolution No. Page 3 of 3 NOTICE OF PUBLIC HEARING Notice is i lereby Given that the Ukiah City Council will tlold a Public Flearing 'to consi(ler a revision lo the Airport Industrial Park (ALP) capital improvement fees which are currently imposed on parcels within the AlP when they are developed. Tl~e capital improvement fees collected will finance the construction of mitigation measures at three identified off-site locations. Mitigation measures will be needed at tile I-lastings Avent~e/Washington Avenue and State Street intersection, Airport Park Boulevard and Talmage Road intersection, and along Talrnage Road in tl~e vicinity of the US '10'1 souti'~boulld off-rail~p by reason of impacts caused by development within tile AlP. The current and proposed capital improvement fees per acre of developable land based on proposed land use are as follows: '"LandiJse _1 current Fee "PropoSed Fee ~ast Food Restaurant $34,864..79 $15,876.28 Gas Station/Mini-Mart 54,728'.91 24,859.16 -Office/Retail 7,34.6.4i~'- 47~-~9142 ,, Retail 10,702.92 4,870.80 in(:lust~ial "' 3,564.97 1,611,66 Aut° Dealer-ship 7,554.63 3,440.16 Auto Parts/Auto Care 11,51 0.69 5,260.03 Subsequent to the adoption o'f the current capital improvement fees, circumstat~ces and engineering assumptions in st~pport of the amount of the fees imposed have incurred changes. Tl~e changed conditions and assumptions, including the analysis of tl~e fee revisio~s, are presented in tile "Engineering Report for the fTevision of the Airport Industrial Pail( Capital Improvement Fees," dated May 28, 1999 (Engineering RepoIl). The Engineering Report may be reviewed at the City Public Works Department, Civic Center, 300 Seminary Avenue, Ukiah, during regular office hours. Notice is hereby furtl'~er given that the Public Hearing will be held on Wednesday, June 16, 1999, at 7:00 p.m., or as soon thereafter as this matter may be heard, and contil~t~ed from time to time as file same may require in the Council Chambers of tl~e Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California, at which time and place all persons interested may appear and be heard. This notice is given to provide tl~e necessary 10 day public review period of the Engineering Report. This notice and a copy of the Engineering Report have been mailed 14 days prior to the Public Hearing Page 1 of 2 to all property owners within the Airport Industrial Park which are affected by the proposed revision to the capital improvement fees. Please pass this notice on to your neighbors, friends, or other interested parties. You are encouraged to discuss the proposed revisions, express any views you may have, or request additional i~fforrnation from Rick Seanor at the City of Ukiah Civic Ce~lter, 300 Seminary Avenue, Ukiah, California, 95482, (707) 463-6296 Marie Ulvila, ~(~ Clerk "-" Publish: June 6 and 13, 1999 Page 2 of 2 ENGINEERING REPORT FOR THE REVISION OF THE AIRPORT INDUSTRIAL PARK CAPITAL IMPROVEMENT FEES May 28, 1999 Report Purpose This Engineering Report presents information relevant to a proposed revision to the capitol improvement fees currently imposed on developable parcels wittlin the Airport Industrial Park. Circumstances and changed conditions necessitating tile fee revisions are described and an analysis of the fee revision is presented. This Engineering Report complies with the requirements set forth in Article 2, Chapter 5, Division 9, of the Ukiatl Municipal Code. For detailed information pertaining to the establishment of the capital improvement fee, the reader is referred to the Engineering Report dated April 17, 1997, on file in the City Engineer's office. Backgr__o. und. Summary On May 7, 1997, the Ukiah City Council adopted Resolution No. 97-70 establishing capital improvement fees which are to be imposed on parcels within the Airport Industrial Park upon their development. The Airport Industrial Park cornprises all land bounded on the north by Talrnage Road, on the east by the U.S. 101 Highway, on the west by the Northwestern Pacific Railroad, and on the south by the apex created by the intersection of the railroad and highway rights-of-way. Three distinct project areas within the Airport Industrial Park containing developable lands have been designated and they are the 1) Redwood Business Park, 2) Airport Business Park, and 3) the Norgard Vineyard. Further development of the lands within the Airport Industrial Park subsequent to the Wal- Mart project will cause impacts to three off-site locations. The impacted locations have been identified as the 1) Hastings Avenue/Washington Avenue and State Street intersection, 2) the Talmage Road and Airport Park Boulevard intersection, and 3) the southbound U.S. 101 off-rarnp at Talmage Road. The cost to mitigate the identified impacts are to be born by all development occurring within the Airport Industrial Park subsequent to the Wal-Mart project. Tile capital improvement fee imposed on the parcels as they develop will be used to construct the mitigation measures. Rationa!e for the Fee Revision Subsequent to the adoption of the capital improvement fees, circumstances and engineering assumptions in support of the amount of the fee imposed on the parcels have incurred changes· The changed circumstances and engineering assumptions are as follows: · In lieu of widening the north side of Talmage Road between the southbound U.S. 101 off-ramp and Airport Park Boulevard for the purpose of mitigating a safety concern identified in the Redwood Business Park EIR and subsequent Traffic Engineering Reports, the Redwood Business Park developer maintained that the n~itigation could be accommodated by moving the centerline stripe to the south. ^lthough a Caltrans Traffic Engineering representative had indicated in previous correspondence that a striping alternative would not be acceptable because of i~npacts to merging eastbound traffic, City staff agreed to submit to Caltrans for further review a detailed plan depicting the striping alternative. In his letter of April 1,1999, Mr. Jim Graham, Chief of Traffic Operations for District 1, reiterated their objection to shifting tile striping on the overpass to the south. It is their position that tile existing available width on the south side of the overpass structure is needed for the weaving area between the two ramps, as well as for non-motorized traffic. Caltrans concurred that a new westbound outside lane could function as a dedicated lane for westbound traffic turning right from the off-ramp. This would mitigate the sight distance safety concern at the southbound U.S. 101 off-ramp. Cal'trans also concurred that it is desirable to carry the new outside lane through the intersection of Airport Park Boulevard. To accommodate the 1) new outside westbound lane; 2) the minimum lane and shoulder widths as required by Caltrans; and 3) the two westbound left-turn lanes from Talmage Road, it is necessary that the widening of Talmage Road between Airport Park Boulevard and the U.S. 101 off-ramp be more extensive than previously assumed. The cost estimate to mitigate the safety concern has increased to $68,963 from the previous estimate of $39,410 (Attachment "D"). Tile cost estimate to provide new loops and pavement markings on the east leg of the Airport Park Boulevard and Talmage Road intersection to accommodate the additional left-turn lane for westbound traffic has been revised to $15,450 from the previous estimate of $19,600 (Attachment "F"). . Tile Redwood Business Park developer has taken exception to the saturation flow rate utilized in the intersection level of service calculations for the westbound lane group of the Hastings Avenue/Washington Avenue and State Street intersection under the post-project scenario. The value of 800 passenger cars per hour of green per lane (pcphgpl) was utilized for the westbound lane group while the value of 1700 was used for the lane groups in the other three legs of the intersection under both the pre-project and post-project scenarios. Tile use of a lower value for the saturation flow rate necessitated the addition of two lanes for the Hastings Avenue westbound approach to achieve acceptable level of services for the westbound left, through, and right vehicular movements. The addition of two more turn lanes (one designated left-turn and one designated right-turn) for Hastings Avenue westbound direction require the acquisition of land on the north side of Hastings Avenue. The required new pavement width would require either the relocation of the existing single family residence at the northeast corner or its demolition. An appraisal of the property was performed and it was determined that acquisition of the entire parcel and demolition of the structure was the superior a. lternative. Relocating the structure to the north would restrict vehicular access to tile property from State Street making the structure relocation and partial acquisition of the site inferior to the preferred alternative of complete parcel acquisition and structure demolition. The Redwood Business Park developer claimed that the City would improperly benefit from the selection of the entire parcel acquisition and structure demolition alternative because the selected alternative would acquire a parcel within Zone A of the Airport Clear Zone. The Redwood Business Park developer also objected to the City's application of a 32 percent Engineering Administration and project inspection markup, and a subsequent 20 percent contingency markup to the land, and structure acquisition cost of $197,700 in the mitigation cost estimate. The cost for the acquisition of City property has not been included. The Redwood Business Park developer has filed a Petition for Writ of Mandate with the Mendocino Superior Court challenging the Resolution establishing off-site capital improvement fees adopted by the City to the Airport Industrial Park. The developer has alleged various grounds upon which he contends the City's fees are invalid and should be either set aside or revised by the Court. Various filings have been made and subsequent to those filings the City and developer began settlement discussions which have developed into a tentative agreement which could result in a settlement of the litigation. A tentative agreement calls for the City to adopt revised fees through a public hearing process as required by law. The saturation flow rate is the flow in vehicles per hour that can be accommodated by a lane group assurning that the green phase was always available to that lane group. To reflect actual conditions it is best to measure the prevailing saturation flow rate. Most often, an ideal saturation flow rate is selected and then adjusted for various variables that may be applicable at the study location. The adjustments or variables will include lane width, percent heavy vehicles, approach grade, parking lanes, blocking effect of local buses, development area type, right-turns, and left- turns. Lane groups on each leg of an intersection may not have the same saturation flow rate depending upon the various adjustment factors discussed above. According to the City's Consultant who prepared the traffic analysis, a saturation flow rate of 800 was selected for the westbound lanes on Hastings Avenue because when inserted in the program it produced vehicle delays that were similar to the delays actually measured at the intersection. The Consultant summarized that the westbound lane had a lower saturation flow rate because of the lane width of Hastings Avenue and possibly the high hedge along the south line , of the parcel at the northeast corner. The Consultant utilized the same saturation flow rate for the mitigated condition because the lane width 200 feet east of the intersection remained the same as the pre-project condition and that this leg of I-lastings Avenue was slated as the preferred truck route to the Airport Industrial Park per City staff's direction. In the spirit of compromise and with the intent of settling a major legal dispute with the Redwood Business Park developer, City staff is agreeing to utilize a saturation flow rate of 1700 for the post-project, mitigated level of service calculations for the westbound lane group. From this adjustment, the addition of only one lane to the westbound lane group (one designated left) will return the level of service of the westbound lanes to acceptable levels for the post-project scenario. This additional lane can be accommodated by the acquisition of a strip of land from the parcel at the northeast corner without the need of relocating or demolishing the single family residence. It will also necessitate the acquisition of a portion of the City's parcel at the southeast corner. The land acquisition cost has been reduced to $6,000 from the previous estimate of $197,700. Legal and associated costs of $3,300, including a 10 percent contingency, has been included in the new estimate. Staff cautions that the new cost estimate for the mitigation of the Hastings Avenue intersection with State Street does not provide a factor of safety. It is possible that the actual post-project saturation flow rate for the westbound lane group of Hastings Avenue be between 1700 and 800. As noted in Appendix IV of the Highway Capacity Manual, "The ideal saturation flow rate is usually stable over a period of time for similar traffic conditions in a given community. Values measured in the same lane during repetitive weekday traffic conditions normally exhibit relatively narrow distributions. On the other hand, saturation flow rates for different communities or different traffic conditions and compositions, even at the same location may vary significantly." It is also noted that the acquisition of a six-foot wide strip from the parcel located at the northeast corner will place the south face o'f the existing single family residence to within four to five feet of the bank of the future sidewalk. This condition will most likely necessitate the need to construct a sound barrier which will recreate the tunnel effect for the west bound driver that exists today and which was cited as a reason why this leg of the intersection was assigned a lower saturation flow rate. It has been agreed that a 15 percent markup for engineering, construction administration and project inspection, and a 10 percent markup for contingency will be applied to the mitigation measure cost estimate. The capital improvement fee per acre applied to each parcel is applied to the developable area of the parcel. Subsequent to the establishment of the capital improvement fee, a more detailed analysis of the lands within the Airport Business Park (Parcel No. 30) that can be developed has been made. Wetlands within the Airport Business Park have been delineated and their boundaries have been approved by the Corps of Engineers. Four developable sections of 2.29 acres, 0.511 acres, 2.98 acres, and 3.0 acres have been identified within Parcel 30. The four sites total 8.78 acres as compared to the initial stated developable acreage of 14.19 acres. The reduced developable acreage for the Airport Business Park affects the capital irnprovement fee distribution. . The City of Ukiah, at a cost of $5,616, has completed the re-signalization work necessary to create the double left-turn lanes for northbound Airport Park Boulevard at Talmage Road. This work completes a portion of Mitigation No. 2 as described on Page 46 of the Redwood Business Park EIR. The capital improvement fees have been adjusted to include this cost for reimbursement to the City. e At tile time the capital improvement fee was established it was assumed the major portion of the Airport Industrial Park would be developed by the second quarter of 2002 and that the required mitigation measures would need to be constructed at that time. Development within the Airport Industrial Park has not occurred within the time frame originally assumed. The Park build out is now projected to occur in the second quarter of 2004, or five years from this time period. A revised discount schedule has been prepared as Attachment "K" to reflect tile new build-out date. Conclusion In consideration of the changed conditions and assumptions as described above, it is proposed that the capital improvement fees imposed on parcels within the Airport Industrial Park as they are developed be revised to the per-acre cost for each type of zoning as shown on Attachment "1." The total fee to be imposed on each parcel as it is depicted on Attachnlent "A" shall be as shown in Attachment "J." The fee per acre and the total parcel fee are future value amounts in 2004 dollars. The capital improvernent fee imposed shall be discounted as provided on Attachment "K." Since the inception of the Airport Industrial Park capital improvement fee, fees from five projects have been paid. If the revised capital improvement fees are adopted, the amount of $65,857.50 as indicated in Attachment "L" will have to be refunded to the respective developers. Tile amount of reimbursement for each project is determined by calculating the new fee, making the adjustment in accordance with the revised discount table, and subtracting the adjusted fee from the fee previously paid. Interest on the amount refundable has also been included at 4.76% annual interest rate compounded monthly on the amount refundable. The stated annual interest rate of 4.76% is the average annual rate earned by the fund over a 22-month period. Estimat_ed Cost of Capital Improvements Talmage Road/US 101 Southbound Exit Ramp Talmage Road/Airport Park Boulevard Soutl~ State Street/Washington Avenue/Hastings Avenue SUBTOTAL $ 68,963 $ 15,450 $103.975 $188,388 Engineering, Administration, Construction & Project Inspection at 15% Contingencies at 10% SUBTOTAL $ 28,258 $ 18.839 $235,485 Hastings Ave. land acquisition related costs (includes 10% contingency) $ 3,300 TOTAL in 1999 dollars $238,785 Calculate amount needed for construction in the year 2004 An average annual inflation rate of 4% instead of 5% over five years will be utilized to account for the unknown time of receipt of capital improvement fees from development projects. Any accrued interest (and principal) not utilized will be redistributed to developers upon completion of construction of all ide~tified improvements in this report. Per formula, Future Value = Present Value (1 + i)" Present Value = $238,785; i = 4% = 0.04; n = 5 years Therefore, future value = $ 290,518 Future Value = $ 290,518 Add $ 10,600 Add $ 2,O26 Add $ 3,590 Add $ 10,000 Add $ 3.7_5_0_ Total Fee $ 320,484 (Traffic Studies, Oct. 1996 to April 1997) (Professional engineering services for signal modification at Airport Park Blvd. & Talmage Road by Whitlock & Weinberger Transportation, Inc. July - October, 1998) (Signal modification at Airport Park Blvd. & Talmage Road by Republic Electric, October 16, 1998) ($2,000 per year traffic volume counts & intersection LOS analysis) (annual administration fee, 5 yrs. @ $30/hour x 25 hrs.) ATTACHMENT "B" Fee Apportionment Summary Weekday P.M. Peak Hour Number Land Use of Units Trip Rate In Out Total Fair Share Per Unit (~ffice/Retail 67.0 ksf 2.06 23 115 138 Discount for I/~ternal Caplure Trips 2 8 10 Land Use Total 21 107 128 6.34% Industrial Pad~ 648 ksf 0.91 126 464 590 Discount for Internal Cap~ure Trips 9 35 44 Land Use Total 117 429 546 27.03% Auto Dealership 94.7 ksf 2.62 101 147 248 12.28% Auto Parts/Auto Care 33.7 ksf 4.00 59 76 135 6.68% ~etail 224.4 ksf 4.28 480 481 961 Discount for Inlemal Caplu~e Trips 107 72 179 Land Use Total 373 409 782 38.71% Fast Food Restaurant 2.376 36.56 45 42 87 Discount for Inlernal Caplure Trips 11 11 22 Land Use Total 34 31 65 3.22% !~as Station/Mini-Mart 2.452 62.57 77 77 154 Discount for Internal Caplure Trips 19 19 38 Land Use Total 58 58 116 5.74% Site Total 2020 100.00% Notes: . . No discount for internal capture trips was taken for auto related uses due to the fact that these uses are not conducive to peak hour linked trips. Discount for internal capture trips of the office and industrial park uses is based on one- half of the 15 percent internal capture assumption. The balance of the internal capture trips were assigned to the retail uses. ATTACHMENT "C" APPROX. SCALE: 1",..40' 4' TALMAGE ROAD OIlY OF Ut(IAIt DESCRIPTION INTERSECTION IMPROVEMENTS REWISIONS SttEET NO. P-4 DATE ~./~2/~ ATTACHMENT "D" Proposed Fee Revision CI'¥Y OF UKIAH t Road and Southbo6nd uS lO'i--~and Cost Estimate for Talmage for the widening of the North side of Talm.~ge_Road betweenUS_l.01 and Airport Park .~o._u._le),ard ...... Based on' ~ost Estimates Prepared by Boyle Engineering on April 12, 1996 Reference Boyle I?gine-e(ing E~raWing ~i'?.:4_~ii.i '~'i-'-~ i~. _7 _t !~rcparc~l ]]y' 14ic[z Seal]or Item Estimated Unit of N°:- -' it'~m .............. i.- ...... _.-i-'- _ ......... _~_,--__~_Q__-~a_-_~_t_!~-I ' i'-i~ j"Ciearing&~ Gr~U-bbi!?g ............................ _1 ......... LS .......... $_5_,_0_00:00 ........... _$_5_;.-0_00_.0_0__. 2 Sawcut AC 552 LF $2.00 $1,104.00 3 Roadway Excavation ....... 195 ........... CY 4 ' Roadway Fill ........................ i0~ .......... ~Y ....... $-:i5.0(~ ....$1,575.i3~)- 5 Remove Concrete Sidewalk, C&G 4,100 -' SF -' $2.00-' $8,200.00 6 Construct Wheelchair Ram ............. 2 ......... EA $2,400.00 $4,800.00 7 Construct curb & Gutter 552 LF-' $20.00 $11,040.00 8 Construct Sidewalk ................ '4~ ............ i-F .........$2~.00"- ~i:5,025.00- 9 Aggregate BaS'~ .......... 26(~ ........:I:ON _ $20:~0 . ' --$51200.00 10 Asphalt Concrete ' 55 'TON $52.00 $2,860.00 11 Place Traffic Stripe 760 ' LF "$1100 - $760.00 12 Place Pavement Mar_ki._ng __-.- _..ii-__.'..._.i_i'_ 5_6__i~i_' ~ ........... SF -$4.0(~ ........ $224.00 13 "- Relocate Street Light i ........ i._S "$_1_,~_0.0_:001_:_"~---_$1_-'_,500:00' ]4 -- Relocate-Storm-Drain (~atch Basin ............. i ..........iS $3,_0.00:..0_0_ ...... _$_3_,000.0_0 t5 Reiocate UtilityVault ....... .'_ ........... ............ ................... 2 ............ EA _ $_3__00:0_0 .......$60_0:00 16 Relocate ~ign 1 EA .... _$_2_-00:_0_0 .............. _.$.._2_00:_0_0__ 17" Right of W._a_y and pe.[._m_!ts__'i..i__-'"--~i_-_.-i ---__.- ........ i ........ /'/-_-~_ .......... $6_.,_0-00..-00 ..... ~6_,0-0.q:.-0_0_ .... Subtotal $68,963.00 Date and Time Printed: 6/1/99 at 9:34 AM Filen~me: CIF5-99Att-D ATTACHMENT "E" ClI'Y OF UKIAH sigNAL ;IGNAI. APPROX. SCALE: 1'"-40" HOTg: W ~'PE,U t td~ aF Ft I¢.P~P__7- I KA. PI~ VE M EA/T-5 .... SHE:El NO. DESCRIP1'ION __ INTERSECTION P-3 IMPROVEMENTS gATE " REVISIONS 4/12/96 ,,, ATTACHMENT "F" Proposed Fee Revision CITY OF UKIAH . Cost Estilnale for Talmage Road and Airport Park BouleVard [~ased on. Cost Es_tim. at_es Prepared bY_Boyle_E_ngi f?_.eri_~!_g' o_p_Ap__r.i!_- ~12~_ !99.6 ......................... Reference Boyle Engineering Dr_awing No_..P-_3 ............................. t [)reparec[ By: l,~ic]~ Seanor Item Estimated Unit of Itern .............. Qu-antiiy ...... MeaSure unit p-ri~ ....... Yotai Price--- _ 1 Place Traffic Stripe 210 LF $1.00 $210.00 2 Place Pavement Marking 60 SF --$4.0~) -- $2'40.00. 3 Modify Traffic Signal & Detector LOOPS _ . _ 1 ..... LS . _ $1.5_~poo,'iOO- $15,0_00.00 Subtotal $15,450,00 and 'l'imc l't:inted: 6/1/99 at 9:34 AM Filenatne: CIFS-99Att-I' ATTACHMENT "G" RELOCATE 1 R,~rlrlC SI(;U^L LOOPS REI.OCAIL 11~^r f'IC SIGI IAL LOOPS [O APPUO^CII RESET EXIST FIRE IIYDRM4[ I CITY OF UKIAII DESCRIPTION APPROX. SCALE: 1'-40' --RELOCATE SIGNAL STAI'tDARD RELOCATE TELE POLE ./- .... NEW PAVEUENT. IIISTALL NEW SIGNAL SIAN! LOCALE IELE Mil 'ALL HEW SIGNAL POLE RELOCATE IRAFFIC SIGflAL LOOPS WO APPROACII RESET VALVE BOX RELOCATE 1IlAr'Fie SIGNAL LOOPS ND ~PPROACH INTERSECTION IMPROVEMENTS REVISIONS SttEET NO. P-1 DATE 4/~2/gs ATTACHMENT "H" Proposed Fee Revision CI1-Y OF UKIAH ................... 1 ............... ] Cost Estilnate for South State· Street an_d Washin§t_o.n Ave:./H.a~t__in. gs Ave. Based o~ Cos~ F:stimates Prepared by. Boyle Engi_n_e_e_rin_g?n .A__p_r_!l_12,. 19.96 Refe~e~ce Boy!_e Engineeri.ngDrawing .No_. P'! _.. ~,,:~,~,-~,1 by_!_ !~_~,:h $~,,o~ Ite~ Estimated _unit of No. tern __ _i _~i'_ _.-_ ._/iQ. uantity _ M_easure Unit Price . ] Clearing & Grubbing I LS $2,500.00 2 Sawcut AC ........ _ ~0_0~_. ..... - ' LF $2.00 3 Re, et Water Valve to Grade 3 EA $400.00 4 Roadway Excavation ....... ~ O0 ..... CY $25.00 .. . ....................... ~?- ............ EA ......$2,400t00 5 Construct Wheelchair Ramp 6 C~onstruct Curb & ~,Utter- ............... 450 LF $20.00 7 Construct Sidewalk .......... 450 ....... LF ..... .... $~-.00 8 Aggregate Base 75 TON $20.00 9 Asphalt Concr_ete ..... ' ........ 50 _ i_TON ..... $-52-00 10 15Jace :traffic Stripe .................... -..~_~_i.,~'~'j.. LF $1.00 ] 1 ~ce Pavement Marking 12 Modify Traffic sig~_al & Detect_or. L0_o_ps_ 13 Land Acquis!t)on 100 1 .. 1 SF Total Price $2,500.00 $1,200.05 $2,500.00 $4,8oo.oo $9,000.00 $11,250.00 $1,500.00 · . $2,600:00 $1.76_ .25.:0__0- $4.00 $400.00 ,ooo.oo .......... ___ $6o,.o_00_.._o0 $6,000.00 $6,000.00 Subtotal $103,975.00 1)atcandTimc Printcd: 6/1/99 at 9:34AM Filename: CIFS-99Att-H ATTACHMENT "1" Proposed Fee Revision CIIY OF UKIAli I _ . I ................... 1 [)IS IRIBUTION OF PROJECT TRAFFIC AND FEES BY LAND USE FOR THE AIRPORT INDUSTRIAL PARK Land Use Fast Food Restaurant Gas Station/Mini-Mart Office/Retail Retail Industrial A~to Dealership Auto Parts/Auto Care _ . TOTALS _ Revised _ Percent of Required Acres i.. Total B_o_und_ary ............... C¢._p_i~aL .............. Per _Prop_°_s-e_~ ....... _C_urr~ent Traffic Volume * ..... I)~prove_m.e_~t Fee_s ..... ~_ _L?d ..... _Fe_e_ .Per ........... _F_e_e p_e._.r_ ..... .... pM PeaR' Hour (Const[uc.t_!.o_n ye_ar 2004) . Use ....... _A_c_r_e_ 3.22 $10,319.58 0.65 $15,876.28 $34,864.79 5.74 $~,'3C}~).~8 .... 0.~4 6.34 $20,318.69 4.85 $4,189.42 $7,346.49 38.71 $124,059.36 25.47 $4,870.80 $10,702.92 . .. $86,626.83 ...... 53:7.5.., .$~,61__1_._66 __.$_3,_564_-.9__7_. $39,355.44 11.44 $3,440.16 $7,554.63 · lOO.OO '....i__' .... ..i_ _$320,4~4.0.o ~00_,? ........ 27.03 12.28 _ _ 6.68 *Boundary Traffic Volume = (Total Trips Generated by-~,ii5) LESS ('i~ternal TriPs Gene~ated by"/~iP~ ..... Filename: ProposedCIFS-99-Fces-Att-I,J ATTACHMENT "J" Proposed Fee Revision CI'IY OF UKIAH t SUMMARY OF CAPITAL IMPROVEMENT FEES BY PARCEL NUMBER-AIRPORT INDUSrR AL pARK Ll~)tAssessor's ............. PropOsed-' curren~ '' Parcel No ........... L~id-ijSe- ............... Acre~ e ........ ~- I ....... ' .................................... g Fee 42 i 80-070-40 Jack In The Box Restaurant 0.65 $10,319.5~ 41 ]80'070'39 ' I ' Shell ~;taiion/Mini~Mart , 0.74 $i§,.~95.~8 - $40,~9.~9 SUBTOi:AL (GAS sTA¢ON/MiNi-ivi^R:i') ........ 0.74 $~§;.~,~,.~§ 3 ...... ! 80'0'70'02 ........ T-a I m 5~-e-'~i~i~' Isark .............. O.i:)O ............................... $o.oo $o.oo 4 180-070-03 North Cai Wood 0.00 .... ~;~'.~ ......... ~;(~.~- 180-070-29 "North Counti"~s Engineering ..... 0.00 ........................................ $0.00 $8,962.72 6 i 180-070-28 ' " Office/Retail 1.53 $6,409.81 $11,240.13 8 ] 180-070.27. Redwood ~oast-Regionai'Center --0.00 ......................... $o.oo $o.oo 9! 180-070-26 i Office/Retail ' 1.2! ..... $~i069.?~ 10 ! ]80-070-25 ' (~fiice/l~eiail ......... ].09 ....... $4-i~Po-~14~ ~;8,8'~)~ ?o~- 11 i 180 070-24t Office/Retail 1.02 . $4_,_2_7_3.2_! $7.,493:_42 ; SUBTOTAL (OFFICE/RETAIL) .... 4.85 $20,318.69 $44,593.20 5~t 180.070-38 Walmart .......... (Existing) 0.00 ' ' '$0.00 -- $0.00 ]2 180080-41' i Retail 1.00 $4,8~018(J ' $10,7~2.92 13 i ' i80-080-~3 ..... Re-;(ai i ..... 1.8~- - $~;i ~7':i-i 14 i 180'080'54 La-Z-Boy Furniture Galleries - i.28 $6~3Zi.6~ $i3,6~9J24 ]5 ! 180-080-55 Retail 1.06 $5,~i63.05 $1i;345109 ]6 t '180-080-52 ..... Staple.sO!t!_c'_e-_Sup_e._rsto__r_e ..... -.' .... 2.!81. _i i ~ $!p;~_i_~_:~_5_ i.__ $2~,§~2_.~_~_ 26 180-080-51. .. . Foo_d-4:Less ...... 5.04 ..... $2__4:_5_48..85 $53,94_2_.7_1~ 27 .. 180-080-44,45 Friedman Brothers 10.51 $51,192.14 $112,487.67 5 I ....180'070;.~.8 i_'_' ........ i'_ .w_ _alma_ r.i _(~xp_an_-_~Jgn~_ii'i ......... i.-. -'-~_:5~- i ~.-~'~_.$.:[_~i~:?~:'__4~ .... ~ ........ SUBTOTAL (RETA_!L) ..................... 25.4_7 ........ $12_.4.,05_ 9..: 36__.-i '- 17 i" ).80-080. J 6 ................ indu~triai ................ 2.96 ........ ~4~-'~0. ~-,5 ...... ]8I ........ ]8o-O8O.25 ...................................................................................................... Industrial 3.54 $5,705.28 $!2,620.0! I 9 ]80 080-26 vacant building .... 0.00 '- $0.00 -"$0.00 20 ] 80-080-] 9 . Industrial !.00 $1,6! !.66 $3,564.97 21 ..... ] 80-080-;~2 ...................... In-d~risI .......................... ~?.2§ ............ ,~'§'~-~c~z~ :~i ......... 22 '-- i8o-08o--:~ ........................ i,~-U~{/i~i ........................... 4.4C~ ......... ~§6;-~r~ ..... 23 ..... i8o-o86.28 ..................... ~ ~J'~s;~rial ................. 4 5~ ........ ~;~;~'~ ~ .............. ....................... t ....................... · . 24 _. !80-080-29 ........... Indu~tria! ................. 4.G~ ........... ~_7. ~__4_] 3_:6. 4- .... $ ]_ .6,~9_8_.8_8- 25 I ~80-080-30 ...... Industrial ..... 5.56 $8,960.84 $19,821.26 29 t - 180-110-07 ....... MendO'~:im~- grewing ....... 9.0(~ .......... $1,~-~'~ ..... 30 180-110-02,06 ..... i~'du~t,'ial ................. 8'.78 ....... $ ~-~i ~'-5~0~;~'9- ' ' 31 i80-120-04 ' .._~ .... i_.._!"dus_t.r.!al _ .'_._i.__'i. ~___i .i._.-5.80_i .... '_.i'...__$~;~4~.64 $20,636185' 32 i84-080-01 .... Industrial 1.20 $~¥9~.~ .... $4,:~ ~'.(~ " i ........ SUBTOf~L. iiNDU§_f_~.!Ai~i -i ..- ......... i.'~i."i~- .- 53-75 ..... i~ -'~§~,~_~.~-.i 33 I _. 180'0_8_0-6~,6~ '- _ .................. _Aut_o De_a_l_e.r_sh)p ................ 1.67 $5,~45107 The 34 i .... -]'-8.0'080'6--4-,6~ .................. Au_~o_._De_a!.er_s_hjp ................... -~i.~i'~.:~2_'~_ '_-~_i'.ii'~_~'i ~_~,~_?~i.-~)_61-_- 35 i !80-080-62,63 Auto Dealership 1.80 $6,192.29 CIF 36 180080-60,6! Auto Parts/Auto Care 1.84 $9,678.46 lists' ' 37 !80-080-59 Auto Dealership 2.09 $7,189.94 this 381 i80-080-58- ' -AU-;~(~'~ealership .............. ;~.18 ....... $~4~.~5 ''-as ........ 39 ...... i~3O.o8~;F~ ............. At~o- 5~i~-r-r~h ip ....................... ~?.o8 .......... ~,~i-~ ....... one ........... 40- _~i .... ~_!_80-6§(J_-5_~ii'~'~ _ '_ _'-._ __ AU__(_O- -_/5_a~'~-~y!__o._C-~_r~e._-~ii-.-~-f-_-/i-i. i--~'~_.:)~.. "i".~-- ¢ ~__~7-_~79;8~'- SUBTOTAL (AUTO DEALERSHIP/AUTO PARTS/AUTO CARE) 15.51 $60,763.77 $139,774.08 and Time l'rimcd: 6/1/99 at 9:42 AM lrilcname: ProposedCIF5-99-Fces-Att-IJ ATTACHMENT "K" Discount Table CITY OF UKi-AH AIRPORT INDUSTRIAL PARK, CAPI-IAL IMPROVEMENT FEES suMMARY OF DISCOUNT FACTORS ...... , Quarter I -- January i throu§h March 31 Quarter 2 -- April ! through June 30 Quarter 3 = July i ti~rough Septemb_e.r_ 30 Quarter4= ...................... I ' ' ' ' October'30 through Decembe~r 31 , ' DIscouN-i:'--: ........................... .' 'i .... i~ii--_. "' .--_" YEAR QUARTER FACTOR . . 1997 2 ! .4407 - 3 ' _ 1.4220 I 4 '- _ 1.4036 . - -1998 ..... !_ ..... 1:385-4- ........ 2 1.3675 t 3 1.3497 ' ' [ - 4' 1.3323 i.'i..'"-. 1999 I i 1.3150 ' 4 ! ._ !.26..4_5 2000 I _1.248_2_ · 2 _ !.2320 3 1.2160 ....... 2 1.1694 ....... 3 1.1542 ' 2002 ' -1 1.1245 -' _ .... 2_ ............ ! ._! ! o_o ........ 3_ ............. !.0956 ........ 4 1.0814 2003 , i _ .1.06~_4 " ' 2 1.0535 3 1.O399 ........................ 4 '" 1.0264 '2004 1 1.0!3.1_ Discount Facior = (1 + (nteres~/4))''n wh'er~ i-ii~e~eSt-= 5.25% and n - ,,umber of quarters remaining ... /-_' _.-. ] -'_ _' --~.Yi~L['__-_Y_-;.-Y_L-~_L_[ ............ L ....... -Y_'_' .... ; ...... '_ -.----;-.. I~xample: Future value of the fee for a parcel is "X" dollars in accordance with Attachment "J" and the fee is to. be paid on/~ugus;( 30,.._ 1999. The. .......................... Payment· S being-marie in-'ii~e 3rd quari, e-r' ~i ).9§§:':f~e ~iiscountii_ .... ... factor is therefore i.2811. The present Value of the fee due is "X" dollars / 1.2811. l)atc andTimc 1)tinted: 6/1/99 at 9:43 .AM Filename: CIFDiscountTable5-99 (.:A_.L_I['_O_I_{I'_,II~_I!U:;IIJE,5_.S,_I r{__A_N_ S_1_'0._111_A_J.I I__ON_~rJ_I~J)gUSING AGENCY dM~.N'i-~ t.~ i~:~AN~PO~?A:ii~)N 1, P.O. BOX 3~()0 Iq}one (?07) 445 G,'163 (7()7) 445-6377 441-5826 /\l.'Jl I, 19~,"~ l-Men-222-0.3/0.5 GI~AY D.A_y.!..S., _6'..o._v_e_//~._r Mr. l{,ick !!. Kennedy I li~eclor of I'~l~lic Wmk,~ ( 'ily of Ukiah )00 Semi,a~y Avenue !.Ikiah, CA 95,182 I)ear Mr. Kennedy: 'l'his is a lidlmv-ul) Io my letter of Ja.uary 5. 1999, and our phone co.ve~sation of March 16 regarding your I,-Ol)osal I()In~)(li(y slriping on Talmage Road fi'om Ihe 101/222 Separation Io A i~p()rt l)a~'k l/ouleva[d. We Im'e complelcd our review of the proposcd design and have thc lbilowing commenls: 'l'c. li)()l ~vi(le la.cs a~'e nol a(;cel)table. 'l'he (Icsi~'able la.e widlh Ibr all la.cs is twelve feel. 'l'he mini.~.~m acceptable width lbr ll~e interior lanes.is eleven feet. 'l'he oulside la.es will need to be Iwelve f'ccl wide. ,, l'avcd shoulders are to be a minimum of four f0et wide to acconm]otlatc bicyclists. II is not acceplable to shift the sh'iping on the 101/222 Sepal'alton to Ihe soulh. The existing available wi(ilh is needed fi.' the weavi.g area between the two tamps and for non-motorized t~'affic. A .cxv outside weslbo.nd lhrough lane at lhe Airport Park Bouleva[d signalized interseclion is a desirable tOl~e, l iowever, the soulhbo~,~d to weslbotmd off-mn}p should conlinue to be slop conl/oiled. While Ihe new we'sll>()und n.mbcr two lane could function as a dedicated la.c fi)r westbound h'aflic turning ~ight fi (.~} Ihe o l'f~-~amp, lhc~e should be unrestficled movement fi'om the ()flk~'a~t, 1o Ihe westbound nun~bcr one lauc, a.(I subsequently to the wcslbound left-turn lane at Airpod l'a~k Boulevard. I h()pe Ihis Icllcl' clalilies (._:allrans' i)osilion on this matler. If you have any liu'lhcr q. cstions, you may call ]nc at 445-6377. S I/~, i' E OF CALIFORNIA-BUS!t_IE_.S.S_~IR.A__..N.NSPOR'IA'IIOr'I AND }lOUSING AGENCY GRAY DAVI~, .Go_re. pot i')I~i~ARTMF_NT OF TRANSPOR'rA'I'ION DIS'I I~ICT 1, P.O. []OX 3700 t:III~EI<A, CA 95502-3700 ~11~[.) Phone 707/4,156./63 {J()7) 445-637'! January 5, 1999 Mr. Rick Il. Kennedy Director of Public Works City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Dear Mr. Kennedy' Tills is lo inform you ! received your lelter dated l)eceml)er 23, 1998 regar(ling y(mr proposal Io modify tl~e striping on Talmage Road fi'om the 101/222 Sel)aralion to Airl)Od Park Boulevard. lleFore responding to your letter, I would like to have the l)roposal reviewed by Caltrans' geomelrician For consislency with design standards. 1 expect to be able to answer your lel ter some time in Februmy. Sincerely, 'JJE. GRAIIAM, Chief '-Traffic Operations Office Decelnber 23, 1998 James E. Graham, Chief Traffic Operations Officer DEPARTMENT OF TRANSPORTATION Nortl~ Region, Eureka Office Post Office Box 3700 Eureka, California 95502-3700 RE: PRC)POSEI) TRAFt--IC STRIPING MODIFICATION ON TAI_MAGF_- ROAD (S.R.- 222) AT TIlE S.R. 10'1 SOUTtlIi]OUNI) ()FF-RAM!'~ Dear Mr. Gr'allam: As a .rollow-up to tl~e meeting heM at your office irt Eureka on Nove~-nber 6, '1998, betweerl Gary Al<erstroln (Redwoo(:! 13t~siness Pa~k), Rick Seanor (Cily of Ukiall) and yourself, I st~l~nlilli~?l Ilie enclosed plan wl~icll clepicls Ille Cily's prol)osed lraffic slriping I'~l(:)(lilicatiolis along "l'almage Road in tile vicinity of tl~e Stale route 101 soultll)ound ofFra~nl). Tt/e st~il)i~lg rnodificalio~s are proposed to creale a dedicated lane for soull~l)o~nd to weslbolln(I SI':), 101 olr--ralnl)haflic and for eslablisl'~ing d~al left-.tutti lanes for w~;sll~oulld to sotdl~bound traffic at the Airport Pad( Boulevard and Tahnage Road inlerseclion. The I)roposal ilmludes tile placement of cl'lan~elizers lo sel)arale tllrougll weslboun(I lmffic the -l-ahnage Overl)ass froln file sotltl~i)ound to westbound off-ramp traffic, l?,eca~ ise of the sharp lllrn froin the off-ramp lo lhe westbound lane, it may be desirable to stol) vel~icles prior to tl~e turn. As we I~ave previously discussed, mitigations have I)een Menlified as a rest~lt of anlicil)aled imi)a~;l.:; by I'eason or (levelol)menl will,in lite Aiqmd I~(ll~slrJal Pa~'l(. Over ll~e c()~lrse of five (5) y(~;ll's, sev(:ml cIIclll~J()S Ilavo l)ooll IIl~l(le lo IIIo I'OC()llllllOll(l(xi Illili?j;'llJ()llS ~lllti, lllerefo~e, I ll~i~]l( it lo be useful to SLllllll'lafize tllese niiligations alid llie cllal~gOs ll)erelo wl)icll affect Caltran's facilities. Initially, ll-le inlpacts a~d recomnlended miligal:ions were addressed in tile Wal-Mart Ell? prepare(t by Leonard Chmles and Associates. -rile WaI-Mal-t [:lP, also addresse(I build out of the f,'edwood BL~siness Park, as well as, cumulative I:)l~ls project conclili()ns. The l?e(Iwor)(I 13tlsiness I:'arl( co~lstilules Ii~e largesl I:)o~l. ior~ (;f Ill(-) Ai~l)Ort I~'l(It~sllial Those Initigalions perlaining to Caltrans facilities near llle 'Fahnage corridor as i(lenlified in the Wal-Mart Ell'] were as follows: Mr. Jt~mes E. Graham, Chiel' l)cccn~bcr 23, 1998 l~ge 2 Wai-Malt Project Only. I . -lhe Talrnage Road/Airport Park Boulevard intersection should be signalized when warranted. . -l-lie S.R. 101 soutlfl)otlnd off-ramp to wesfl)ourM Talmage Road sl~ould be ~ealig~e(:i to con~ec;t 1o Talmage Road at a 90 degree angle. . -'file westbound left-ttlrn lane at the Talmage Road/Airport Park l}ot~levard inlersection should be lengthened from its existing 100 foot length to 220-240 feet. . '1 lie Talrnafle Roatl/S.P,. 101 northbound off-ramp intersection should be signalized wl~en warranted. . 'l'l~e S.R. 101 southl)ound off-ramp for weslbound 'l-almage shoulcl be signalized wilen warranted al~(I llle following improvements/Irlodificalions shotlM I)e inade' a. Eliminale soutlfl)ound off-ramp to eastbound Tah-nage Iccp ramp. Witlel~ li~e solll, lfl)otlnd off-fatal) approacl~ lo 'l-almage to two lalles, one for right-hIms aim olle for left-trines. Reserve rigllt-of-way for a tl~ird raiIIl)lane if needed. C. Reslril)e lanes on and west of the Tah'nage freeway overpass (shift Io south) and provide a sl~ort left-turn lane on the westbound approacll to tl~e southbound Ch.-ramp. d. Provide a second left-turn lane on the Talmage westbound approach to Airport Park l}olllevar(I. Each lane shall be 270 - 280 feet lon,q. Provide a sllort right-turn la;le on llle 'l'almage weslbound al')l)roacll to ll~e road leading to ll~e neighborl~ood north of Airpolt Park Boulevard. Tile recommencle(! mitigalion measures ntu'nl:)ered 1 lhru 3 above llave l)een cornl')leted. The enclosed stripil~g ~l'iodification proposal for 1-ahnage P, oad would facililale lhe iml')lel~el~lali~n of mili,tlalioll lileas~lr'e 5d a~lcl would ~l~ost Iii(ely eliminale lilt} ~leed for mitigalion 5e since two wesll)ouild tllru lanes wot~ld be relained. Mr. Jmncs E. Graham, Chief Dccc~nlmr 23, 1998 Pagc 3 As arlictllated in Palricia Secoy's leller of March 6, 1992, llle l')istrict look exceplion lo tile l)roposod n~iligalioll meastlre calling for the elimination of tile soutl~l)oun(! loop to easlbr,tll~d Tallnage and combining ti/at movement witl~ tile soutllbound of Framl) for wesll)o~d Tahnage (meas~re numbers 6 and 5b in this leller). Ms. Secoy suggested that llle so~lll ~i~ound off-ral'np for weslbound Talmage traffic l)e combined with tl~e off-.fatal) loop for ea.'~ll-~ound Talmage (silnilar to file existing US 101/Gobl)i Street interchange). Tl~is wouM elilninate a potential re(luction in sigl~t dislance brougl-~t abo~lt t)y lhe reconrifluration or tile sotfllfl)ou~d lo wesll)ot~nd-l'ahnage rami) Io a 90° inlorseclion will~ -l-alll~age Road. 'l'ile Eli~, consullal~t agreed lllat Ms. Secoy's stlggeslion I~a{I son~e merit, I~owever, tl~e consultant believed ll~al any westbound backed tip traffic wouM extend to llle same location as tl~e Ell? proposed realignment of the ramp arm ll~e sight lines for westbound tral,l,ic o~ 'Tallnage would still be an issue (response to comlnenls). As we eXl'}erience today witll tile near 90° reconfirjuration o1: ll~e soull~bound to westbound Taima!lc; l?oa(l ol'f--ralnl), visii~ilily of wesll)otlnd vehicles for dl'ivers on tl~e sotllllhound ramp i.,; in,paired I)y Ille pedeslrian rail on the norlll sMe of ll~e overpass, as well as, the camber i~ ll~e overpass slrtlclu~e. This safely concern I~as been arliculaled in II,e Traffic Report prepared by Whillock and Weinberger. Prior Io tile establisl~n~ent of a cat)ilal improvement fee wllicl~ wet,Id be assessed oil all post Wal-Mart developlile~t wilhin ll~e Airport Induslrial Paik, II~e Cily proctlmd Ihe service~:; of Wl~illock and Weil%erger (W-Trans) for tile ptlrpose or revisilinfl Il'lo i~l~pacls and ~iligalio~ls related Io l~'allic and wllicll were i, lenlified iii II~e W~fl-Ma~t EIR. Die l~el)od co~clusio~s re-affim~ed some previot~sly reco~nmended ~nitigalions wl~ile oll~ers were recon~l~lended for elimination. The recommendation for a second westbound left-trim lane at 'l'aln~age and Airport Pad( Boulevar(l remains while the prol)osed recommendalions for lhe sigl~alization or tl~e sotltl'~botlnd and nortlfl)otlnd off-ranlps have been eliminale(l. City Stair tloes not believe vellicle I')ackups rroin tile raml)s onto llle freeway mainline will occt.lr by reason of the project nor will the conlintling and fulure short-lerm peak traffic warrant capital aim maintenance investments in traffic signals at tl'~ese locations. To n~ili.qale the lrafl'ic safely concern regarding tile vel~icle visil)ility ilnpact at Ihe -,,. (') . hi io 'l-alfl~a~lr:} l~(_)~(l be oxlefl(.l(~(.I I)ack lo tile s()~lllll)otlll(l off-rallll) ~..lll(I allow llle (:.)l[-J'~lll) traffic turning ~igl~t 1o turll ililo ils ow~l ladle willlout conflict. -rile ellclosed I')roposed restdping plan i}rovides tl~is recomnlended measure. Ul)oll accel)tance or tl~e Report I')repare(I by w.:rrans, ll~e City condtlcted lhe necessary l')ul~li<: iloarill.g aim ad()ple~i cai)rial iln/)rovelllenl leos wlli(:ll ale assessed oil ~lll I~<)sl Wal.- Mall ~l~-:wl;h'~l.~rn(.'.i~l willfill llle Ailpolt Ill(lll,.-;Irial Pall( Io pay for Iile a(lo/~l{:<l olf-sile lnitigaliol~s roconllnended ill tile W-Trans I'(epolt. Currenlly, II~o I)rograln calls for file removal and reconstruction of tile curl:) arm gutter on the nol'lll side of Tahnage between Airpolt I-'ark Boulevard and II~e southl)ouIM off-raml:) for llle i)tlrpose of accon~ii~odating 25- Mr. Jaunts I£. (-;raha~n, Cl~ic£ l)cccl~bcr 23, 1998 lh~ge ,l tl~e secol~d weslbound lhrough lane. The developer of tile Redwood Business Park has inquire¢! if file reconui'~ended second weslbotm(l lane co~JM I~e collstrtmled l~y i~oving tile ce~lterli~e along Talmage to tl~e south instead of rebuiMilig tl'~e sonlewhat new curb and gulter, l~est~iping to aclfieve program objectives would be cost effective ant_! tl~e City Staff wouM S~l)pOrt tl~e reslriping alternative if supporled by Callrans staff. At ti~e conclusion of yollr meeling of November 6 meeting, it was suggested that a delailed and scaled restriping plan be submitted. -I-tie enclosed plan serves tilts purpose. I believe we can acl']ieve the City's desired results by moving tile centerline 4 to 5 feel to ll'~e sourly. If tl~e District al)proves the proposed restriping allernative, tile City will revise the miligation cost eslimale and take tl~e necessary steps lo revise ll~e capital improveme~t fees accor~li~fjly. Conslruclion drawings wot~ld lhen be prepared rot ll~e Dish'ict's approval, and Ille w~lt wo~lld l.)e I~Olfolllied uIMer I)em~it by a conlraclor llired i)y tile Cily. If lllo District will ll~t aCCel)t II]e (ie(licaled weslboun(I lllro~flh lane for so~llii)(.)~nd off-ralnl') ll-affic i)e(:atlSO of weaving conc(}lllS, We will need to kn¢~w that. 'l"i~e safely COllCerll w¢)uld Iholl have Io be initigated by movillg the stop bar further SOtltll wliich would also llecessitale moving tt~e Talmage centeHine to the south as well. Enclosed for your reference are copies of that portion of the Wal-Mart Draft and Final EIR dealing witl~ traffic circulation, and a copy of the W-Trans Report dated April 17, 1997. Your most earliest review and acceptance of this proposal is requested. Rick H. Kennedy' ! Director of Public Works/City E r cc: Can(lace I-Iorsley, Cily Manager i)avid I?al~l~orl, Cily Atlomey Ga~y Akerstroln, Redwood Business F~ark R:I\PW LGRAI lAM Z,¢ I)EI'ARTMENT OF TRANSPORTATION I1()R III REGIOhl, EUREKA OFFICE, P.O. BOX 3700 FIIRI?I~A, CA 95502-3100 1 [)[)l'l~one 707'/445-6463 (70 ;'),145-6416 March 28, 1997 1 -Me n-222/101 Mr. Rick Seal]or Deputy Director of Public works City of Ukiah 300 Senfinary Drive Ukial~, CA 95842 Dear Mr. Seanor Tilts leller is in response to a discussion I had yesterday with Mr. Steve Weinberger of Wtra1~s, a~ld tl~e fax you sen! 1o n~e, concerning proposed modification to ll~e existing roadway stril)i~g o~ 'rah nage P, oad on the Route 222/101 Separation. A,; I ~JIiderslaIM il, file proposal is to inove Ille cenlerline of l'ahllage Road fi'om its c~rrenl Ior.:ation approxirnalely six or eight feet south, thus narrowing the eastbound lane o¢ -l'aln)a.ge I~,oad to 12 or 14 feet wide. As we discussed, Caltrans has concerns with n~ovil~g the cer~le~li~: ~.)f-l'ahnage Road Io ll~e south. We believe the ad(Jed lal~e and slloulder wicllt~ is necessary Io acconm]odate ttm n~erge and weavi~lg rnoveI'ne~]ts ti)at occur' between tt~e soutl~bou~M Io eastbound Route 101 offran~p a~d Ihe eastbound to ~loI'tl~bound Route 101 onrarnp. 'll~e shoulder is also needed for bicycle traffic. I will not be able to attend next week's City Council meeting and hearing on this matter. Please i)fese~t this letter to the City Council so that Caltrans' position on this proposal is If you have any questions next week concerning this matter, you may contact Mr. Royal McCartt~y, District Permit Engineer, at (707) 445-6385. Thank you for the opportunity to comrnent on this proposed change. Sincerely, ~'J'/~S E. GRAI4AM, Clfief Tra[l'ic Operation,s Office Mr. Steve Weiilberger, WTrans /',PR - 3 19'37 CITY OF UKIAH DEPT. OF PUBLIC WORKS IOS $oftwe~e by -T~ Trene~rt&~lon Coneul~ante Condition: P.~. - Count DaCe Tile PeAk Hour ...... ...... .............-. .... ... ......................~.. ....... ...... 17 · I 4''' V 22 --- 1.O X.l 1.1 1.O 42~ ---) 2.1 (~. 76 --- 1.1 1.0 2.1 1.1 ~ I I. I # · I 101 ! 125 1.0 I 21 3.1'7 ACZ'UATmD, HOH-C:BD GRI4 Y+R HS-L ? 4 1.o 14- LTR 6 O 1.0 H$-TR 3*3 4 3..0 BW-L · 4 1.0 LTl{ 2 0 1.0 BW-TR 31 · 1.0 HAY g i399 CITY OF UKIAH DEPT. OF PUBL. I(3 WORKS 85 HC. - 22 --- l.O 1.1 2.1 (~. 24~ o-- 1.1 1.0 W · · 372 31 ' 1.1 1.O 1.1 --- op ~a~J ) 2. · (--- '2.~ 3..3. 3*.e --- S! 414 ~ LOS Software Licensed to GARY AKERSTROM by TJKM Condition: 03/31./99 INTERSECTION Count Date 1 Airport Park B1/Talmage Time Ukiah Peak Hour 85 HCM Operations 17 55 15 I I I I <--- v ---> 22 1.0 1.1 1.1 1.0 244 ---> 2.1 (NO. OF LANES) 28 2.1<--- 307 408 1.1 2.0 0.0 1.0 1.0 --- W + E 494 0 740 S 696 ACTUATED,NON-CBD 82-SEC CYCLE PHASE GRN Y+R LOST 1 N-LR 13 4 1.0 2 S-LTR 4 4 1.0 3 E-LTR 16 4 1 . 0 4 N-R 33 4 1.0 G 1990 CITY OF UKIAH .j'~ E.'l'__ QF__P.J IBLIC ~VD~t~k .... RTOR CNFL PED W/ MIN PRK % BUS %tIVY ARR PEAK HOUR SAT APP VPIt PEDS PHASE GRN ING GRA STP VEH TYP FACTOR FLOW 12345678 LT TIt RT LEFT THRU RGHT NB 0 0 0 N 0.0 0 2 2 2 3 1.00 1.00 1.00 1700 SB 0 0 0 N 0.0 0 2 2 2 3 1.00 1.00 1.00 1700 EB 0 0 0 N 0.0 0 2 2 2 3 1.00 1.00 1.00 1700 WB 0 0 0 N 0.0 0 2 2 2 3 1.00 1.00 1.00 1'700 LANE ADJ PHASE I,ANE LJAPRCtl LANE WIDTH ADJ SAT ORDER GROUP OJDELAY GROUP (FT.) VOL VOL FLOW V/S 12345678 G/C CAPAC V/C DELAY SI& LOS NB L 10.0 494 519 2880 0.180 1 0.195 562 0.923* 39.7 DI 21.8 R 12.0 740 740 1431 0.517 1 4 0.646 925 0.800 9.9 B{ C + SB L 12.0 15 15 1599 0.009 2 0.085 136 0.110 26.3 DI 25.7 T 12.0 55 2 I D R 12.0 17 2 J TR 12.0 72 72 1623 0.044 2 0.085 139 0.520* 25.5 DI EB L 12.0 22 22 1599 0.014 3 0.232 371 0.059 18.7 CI 36.1 T 12.0 244 3 I D R 12.0 408 3 J TR 12.0 652 685 3050 0.224 3 0.232 707 0.969~ 36.7 DJ + WB L 12.0 696 696 1599 0.435 4 0. 439 702 0. 991' 41.5 EJ 31.1 T 12.0 307 4 J D R 12.0 28 4 I TR 12.0 335 352 3324 0.106 4 0.439 1459 0.241 9.3 B{ *=CRITICAL LANE GROUP DELAY= 28.3 SEC/VEH V/C =0.92 I,OS=I) INT=TAL-APB.ITX,VOL= , CAP= LOSCAP. TAB LOS Software Licensed to GARY AKERSTROM by TJKM Condition- ............................ 03/31/99 INTERSECTION Count Date 1 Airport park B1/Talmage Time Ukiah Peak Hour 85 HCM Operations 17 22 --- 1.0 1.1 244 ---> 2.1 (NO. 408 1.1 N W + E S 55 15 V ---> 1.1 1~0 OF LANES) 2.2<--- 2.0 0.0 1.0 2.1 --- I I I 494 0 740 28 307 696 ACTUATED,NON-CBD 82-SEC CYCLE PHASE GRN Y+R LOST 1 N-LR ].7 4 1.0 2 S-LTR 5 4 1 . 0 3 E-LTR 19 4 1 . 0 4 N-R 25 4 1.0 W-LTR RTOR CNFL PED W/ MIN PRK % BUS APP VPH PEDS PHASE GRN ING GRA STP VEH ARR PEAK HOUR SAT TYP FACTOR FI,OW 12345678 NB 0 0 0 N 0.0 0 SB 0 0 0 N 0.0 0 EB 0 0 0 N 0.0 0 WB 0 0 0 N 0.0 0 LT TH RT 2 2 2 2 2 2 2 2 2 2 2 2 LEFT TttRU RGHT 3 1.00 1.00 1.00 ].700 3 1.00 1.00 1.00 1700 3 1.00 1.00 1.00 1.700 3 1.00 1.00 1.00 1700 LANE ADJ PHASE LANE WIDTH ADJ SAT ORDER GROUP (FT.) VOL VOL FLOW V/S 12345678 G/C CAPAC V/C LANE LIAPRCH GROUP OIDELAY DELAY SI& lAOS NB L R SB L 12 T 12 R 12 TR 12 10.0 494 519 2880 0.180 1 0.244 702 12.0 740 740 1431 0.517 1 4 0.598 855 .0 15 15 1599 0.009 2 0.098 156 .0 55 2 .0 17 2 .0 72 72 1623 0.044 2 0.098 158 0.738 0.865* 24.6 CI ]8.5 1.4.5 B[ C 0.096 25.6 D 0.455' 23.8 C 24.1 c EB L 12 T 12 R 12 TR 12 .0 22 22 1599 0.014 3 0.268 429 .0 244 3 .0 408 3 .0 652 685 3050 0.224 3 0.268 818 0.051 16.9 0.837. 22.8 22.6 C WB L 12.0 696 4 T 12.0 307 4 R 12.0 28 4 LTR 12.0 1031 1134 4864 0.233 4 0.341 1661 0.683 15.7 15.7 C *=CRITICAL LANE GROUP DELAY= 18.6 SEC/VEIl V/C =0.82 INT=TAL -APB.ITX,VOL= ,CAP=LOSCAP.TAB _~~_NonTH COUNTIES 'ENGINEERING COMPANY FAX TRANSMISSION 'COVER SHEET to: ...... --~ ,~~.,.--- ~~~~; -. ......... ~..-. ~-~:~~ · ~~ .......... You ~ x~7'Z.s;' 9./[ 424, --on,. ).~ (biO. OF LAMIr) 2.1(-,-- 444.. ~ I I I ~ I I I 9/~ d §[8~'ON 'LOS Software Licensed to GARY AKERSTROMby TJI{M Condition: INTERSECTION I AirpOrt Park B1/Talmage Ukiah Count Date Time Peak Hour 05/28/99 85 HCM Operations 17 31 15 { <--- v ---> 22 --- 1.0 I.! 1.1 1.0 355---> 2.1 (NO. OF LA.ES) 'PHASE I I N-LR 1.1 --- 2t{ 2 S-LTR 3 E-LTR 2,2<--- '373 4 W-LTR ACTUATED,NON-CBD 72-SEC CYCLE GRN Y+R LOST 20, 4 1.0 5 4 1.0 15 4 1,0 16 4 .1.0 .246 --- 1.1 2.1 0,0 2,1 W + E 395 0 679 S 2.1 --~ 414 RTOR CNFL PED W/ HIN PRK % BUS %HVY ARR PEAK HOUR APP VPH PEDS PHASE GRN lNG GRA STP 'VEIl TYP FACTOR. SAT ' FI.C, IJ 12345678 NB 0 0 0 N SB 0 .0 0 N 'EB' 0 0 0 N WB' 0 0 0 N LT TH RT LEFT TlqiU RGHT 0.0 0 2 2 2 '3 1.00 1.00 1.00 1.700 0,0 0- 2 2 2 3 1.00 1.00 1.00 1'700 0.0 01 2 ' 2 2 '3 1.00 1.00 1.0D 1700, 0,0 0 2 2 2 3 1.00 1.00 1.00 1700 ,. LAN]~ ADJ PHASE LANE L I APRCIt LANE WIDTH ADJ HAT ORDER. O/ , GROUP OIDELA¥ ' GROUP (~.) VOL VOL FLOW V/S 12345678 . C CAPAC V/C DEl. AY SI& LOS NB L 10.'0 395 1 ... T 12-0 0 R 12,0 679 't .' LTR 11.3 1074'1181 4398 0,269'1' ' .. · smmmmm~mm__mmmmmm~mlmmmmmml~p~im~mmmmml SB L 1'2,0 15 15 1599 0.009 ..2 '.'. T 12.0 31 2 R 12.0 17 2 " TR 12.0 48. 48 1594 0.030 2 mmmmmm~ ' 'EB L 12.0 .22 22 1599 0.014 3 T 12,0 355 3 R 12.0 246 3 TR 12.0 601 '631 3159 0.200 3 ,. I ]7.6 c 0.319 1405 0.84~* 17.6 C{ 0.111 178 0.084 21.8.C{ '-19.8 ..0,111 177...0.271, 19.1 C{ .m~ mm mmmmmmWi~ S~--~mm 0.250.' 400. 0.055 15.6 CI ]9.7 I c 0.250 ?90 0.799, lg..8 C{ mmt$~$mmmmmm/--#milmmm----l*~llmmm~im~mm~--~ilmmmm' ~4~W ~ WB L 12.0 414 4 I 16,4 T 12.0 373 4 { C R 12.0 28 4 [ LTR 12.0 815 896 4899 0.183 4 0.264 1293 0.693'16,4 C{ *~CRITICAL LANE GROUP DELAY= 17.8 SEC/VEH V/C =0.72 LOS=C INT=TAL-APB.ITX,VOL= ,CAP=LOSCAP.TAB 9/8 'd §18~'ON # 4. I :13t 'Ill, , )7 · I & + · ~ . ~ " I L :. ,9/~ 'd ~18~'ON · LOS Software Licensed to GARY AK~RSTROH by TJK~ Conaition: 05/28/99 INTERSECTION Count Date 2 State/Ha;tings Time 85 HCH Operation8 108 573 126 I , <--- v ---> 141 --- 1.0 1.1 2.1 1.0 1.1 --- 187 79 ---> 1.1 (NO. OF LANES) . 1.1<--- 131 Ukiah Peak Hour PEAK PM ACTUATED, NON-CBD 60-SEC CYCLE PHASE GRN Y+R LOST 1 NS-L 5 4 1.0 2 NS-TI~ 15 4 1.0 3 EW-L 11 4 1.0 4 EW-TR 13 4 1.0 · 48 --- 1,1 W+E · RTOR CNFL PED W/ HIN PRK % BUS APP VPH PEDS PHASE GRN ING GIlA STP 1,0 2,1 1,1 <,,,._,, -, 23 437 158 1.0 --- 251 · , %HVY A~ PEAK HOUR SAT 'VEH TYP FACTOR FLOW 12345678. LT TH RT LEFT THRU RGHT 0.0 0 2 2 2 '3 1.00 1.00 1.00 1700. 0,0 0 . 2 2 2 '3 1,00 1,00 1,00 1700 0,0 0 2 2 2 3 1.00 1.00 1,00 1700 0.0 0 2 2 2 3 1.00 1.00 1.00 1700 NB 0 0 0 N $B 0 0 0 N EB 0 0 0 N NB 0 0 0 N LANE ADJ PHASE ...,. LANE L I APRCH LANE WIDTH ADJ SAT ORDER.' '' GROUP O[DELAY GROUP (FT.) VOL VOL FLOW V/S 12345678' G/C CAPAC. V/C. 'DELAY Si& LOS ~ N mmmmmmmmm m N ~ ~q~ 0.133'. 213 0.108 I7~4 Cl. '12.8 I [ ., .0.30'~ 970 0,644 ' 12;7 BI . 0,'133 .213' 0,591-,21,.7 CI 15.0 0,300, 986 0,725* 13.7 0.233 373 0.378'15.0 0,267 ' 423 0.300 11,4 BI' NB L' 12.0 23 23 1599'0.014 1 T 12.0 437 2 R. 12.0 158 2 TR 12.0 595 625 3232'0,193 2 m $mmm ~ N W~ ~ mmemmmmmmmj SB L 12,0 126 126 1599 0,079 1 T 12.0 573 2 R 12.0 108 2 TR 12,0 681. 715 3286 0,218 2 EB L 12.0 141 141 1599 0.088 3 T 12.0 79 4 R 12.0 48 4 TR 12.0 127 127 1'688 0.080 4 WB L 11.0 ~$1 251 1551'0.16~ ~ 0.233 36~ 0.694e 19.9, CI 19.1 T 12.0 131 4 [ C R 12.0 187 4 I TR 12.0 318 318 1535 0.207 4 0.267 409. 0.777* 18.5 *=CRITICAL LANE GROUP DELAY= 15.2SEC/VEIl V/C =0.71 LOS=C INT=IIAS-ST.ITX,VOL= ,CAP=LOSCAP,TAB 9/§ 'd §18~'ON Chapter VIII;. Met.hodoloi, v - 198.5 HCM O, era..._.~.O~. Table ViH4: Level of Service Criteria for Signalized Intersections Stopped Level of Type of Delay/ FI0w Delay Maneuverability Vehicle Service ............ (~c) · A Stable Vexy slight de. lay, Pzog~asion is very Turning movements ato easily ~ 5.0 Flow: favo~ahl~, wi~h most vehicles aniving maria, and n~arly all drivers find during ~h& ~ pha-~ and not freedom of operation. smpplng at all. , B $l,ablo Good progl'~0n at~d~ot short ¢y¢1o Vohi¢le platoor~ are formed. 5.t-i~.0 Flow lengths. More vridcle..s stop ~han for Many driv~a'3 begin LO/A. c~u$1ng high~ level~ of somewhat resuicted wifldn ~oups · verH~c d~lay, of vckiclc~. C Sable Higher delays rr..aul6ng from fair Ba~k-ups may develop b~iad 15.1.2~.0 Flow' progt~,~ion and/or longer cych; turning vchiclca. Moat d~ivcr~ '. l=~iths. Individual 'cycle/ailur~ may Ie~l somewhat ;~tri¢~,.d. b~gip to appr~ at ~ I~L n0mb~t of vehiclea s~pping is . · significant, althou~ many ~ill pess d~ush the intersection without ~topping. " D Appro~hing. Th~ influence of congesgon be, comes Mar~uvcrabiliiy i~ ~-v~cly 25.1-40.0 Ul~stabl~ mote nolic~ble, Longe~ delays rosy limited dmin~ short p~'iodi due Flo~ result El'om some combination of ~o l~nponu7 back Ult. un~V~bl~ l~O~resston, long oyclo l~sfl~, c~ hish volume-to-~p~ity rados. M~y vchic..i~ s~p, ~d the proportion of vehicle~ nc~t s~ppinl der, lin~s. Indi,ddual cycle fail,ms a~ noti¢~ble,. £ Un.s~able Flow Gen~rally ~on~idered ~o b, zl~ limit Thae ~ typically long queues of 40.1-60.0 of &¢ceplable d~lay, Indicaliv~ of vehicl~ w~ith~ upsueara of the poor progr~siofl, long cych: lcagflts, inl~,~eclion. arid h!'gh volume-to-capacity ~urios. Individual cyclc fEl~t~ ~r¢ , F Forced Flow Get, rally considered to Ix: Iamm~d condidoo, x. Back ups > 60.0 ~nacceptable to most drivers. Often from other locations xcsuict or occurs with ovet~atur~don. May aJso plzvcnt movement Volum~ may occur at high volame-to-~pacity vary widely, depending ratios. Th~c arc m~ny individual ptil~.ipally .on fha dowr~trr-am cyclo faJlt~es. Poor progte-s~ion and back-up conditions. long cycle lengths may ~bo bi: major con~budng fxclnrs. .. .,_~ ..... . ._ . .................... , ...................... Highway Capacity Manual. Special Report No, 209, Tr..visitation Re. se. arch Board, 1985. Highway Capacity Manual, Special Report No. 8'7, Highway Rascarch Boani, 1965. TIKM. User's Manual. LOS Intersection Analysis Program Page 56 9/9 'd §[8~'ON'- May31, 199t) Mr. Rick Kennedy Director of Public Works City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 RANS Airport Park Boulevard/Tahnage Road Intersection hnprove~nents Dear Rick; As requested, we have reviewed the level of service calculations which you have forwarded for the intersection of Airport Park Boulcvard/Tahuage Road. Based on our previous and current analysis which we have conductcd for the intersection, the following conunents are submitted for your consideration. The source of the traffic volumes used in the analysis could not be identified. Based on our traffic counts and analysis which we have previously conducted, the northbound right turn and westbound left turn volumes appear to be slightly higher and the eastbound and westbound through volumes appear to be slightly lower than traffic volumes that we have previously projected. The first calculation includes a single westbound left tum lane, one through lane and one combined through-right turn lane. The calculation indicates that the westbound left turn will experience delay in the LOS E range which is unacceptable. In addition, the capacity of the single left turn pocket will bc insufficient to serve the left turn volume de~nand with significant congestion upstremn from this intersection. This ilnprovement scenario is not reconm~ended. . The second calculation includes, in the westbound direction, a single left turn pocket, a shared left- through lane, aud a shared through-right turn lane. Since the left and through Inovements are shared, the sigual phasing has been split (i.e., the eastbound and westbound traffic run on their own phase and uot concurrently). Although, the calculation appears to operate acceptably frmn a theoretical standpoint, there are some deficiencies to note. ao Split phasing for main streets is generally undesirable since it leads to more delay than is desirable for main street traffic. You currently have this condition on South State Street at Tahnage Road. b. The average volume for the three westbound lanes would be approximately 344 vehicles per lane. However, the capacity of the exclusive left turn pocket which currently exists is approximately 264 vehicles per hour (44 cycles per hour x 6 vehicles = 264). This would leave 432 left turning vehicles in the shared left-through lane which would require more greeu time than assumed in the calculation and slightly more delay than shown. C. Based on the volmne profile described above, all of the through and right turn traffic would be forced into the third (shared through-right turn) lane. Under this scenario, there would essentially be only capacity for one through lane. Any ability to accommodate east-west through traffic growth in the future would be lost. WHITLOCK L~ WEINBERGER T R A N $ P O R TAT I O N I N C 2200 Range Avenue, Suite 102, Santa Rosa, California, 95403, (707) 542-9500, FAX (707) 542-9590 Mr. Rick Kennedy Page 2 May 31, 1999 It is rcc(),~,mcndcd that thc i,nprovcmcnts to the intc,'scction et'Airport I'ark Boulcvardfi'ahnagc Road includcs two westbound Icfl turn lanes and two westbound through lanes without split phasing of the trall'ic signal operation. You currently have capacity for two through lanes in each direction and this capacity should be enhanced at some point in the future with widening of the two-lane Tahnage Road section, west of Airport Park Boulevard. This four-lane capacity between South State Street and U.S. 101 should be lnamtaincd to serve freeway access and traffic demand generated by future traffic growth. Conversion of the westbound Tahnage Road l~nes at Airport Park Boulevard to the shared lane condition shown in the second calculation will essentially result in the existing westbound through capacity being cut in half. Based on these projected conditions which stein frown our experieuce in the design and analysis of hundreds of other intersectious around tile North Bay, tile shared lane condition is not reconunended. Please let xne know if you have any other questions. f. Sincerely, N.~ ~ \ -~"~'~ ,~,~ ~~iil \b~ Stove Principal sjw/UK1999.Ll ITEM NO. 9 a DATE: June 16, 1999 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION AND APPROVAL OF AGREEMENTS WITH JEFF MCMILLEN FOR GOLF PROFESSIONAL AND GOLF OPERATIONS CONSULTING SERVICES At the May 19, 1999 meeting the City Council directed staff to prepare and negotiate agreements with current Golf Professional Jeff McMillen. Subsequently, staff has met with Mr. McMillen and completed the attached tentative agreements for both Golf Professional Services and Golf Operations Consulting Services. Staff is presenting the agreements together for Council's review, however, each agreement is a separate contract and should be considered and acted upon individually. _G_o_lf Profes_sional Services The Golf Professional Services contract is for an initial period of 16 months commencing upon approval and execution and terminating on October 31,2000. The contract may be extended for four years after that date at the City's option. While essentially an extension of his current contract there are some revisions which have been included and will slightly increase the cost of the contract. The existing contract provides for the City to pay to the Pro 6% of the first $150,000 of Greens Fees and 4% of any revenues over $150,000. This equates to approximately $10,000 to $15,000 annually. In return the City receives 6% of the Pro's concession revenues for food, beverages, and merchandise. As additional financial consideration the City provides the building and pays for ali rnaintenance, utilities, phones, and equipment. RECOMMENDED ACTION: Approve agreements with Jeff McMillen for Golf Professional Services and Golf Operations Consulting Services and authorize City Manager to execute agreements. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine agreements require revision and approve as revised. 2. Determine approval of either one or both agreements is inappropriate at this time and do not move to approve. Citizen Advised: N/A Requested by: Jeff McMillen, Golf Pro Prepared by: Larry W. DeKnoblough, Community Services Director Coordinated with: Candace Horsley, City Manager Attachments: 1. Proposed Agreement for Golf Professional Services 2. Proposed Agreement for Golf Operations Consulting Services Candace Horsley, City'~/lanager LD2 PROCON.ASR In the proposed contract, Section 2.1, Paragraph B, reflects an increase in the percentage the Pro would receive of the City's greens fees from the current 4% to 5%. Based upon projected actual revenues for FY 98/99 of $420,000, this would increase the cost of the agreement by $4,200. In exchange for this amount the Pro will incur the cost of any fees which are related to the acceptance of credit card charges for greens fees, memberships, or other golf related services. The acceptance of credit cards has previously been unavailable at the Golf Course due mainly to the inability under the current contract to reconcile with the Pro the service charge by the credit card companies. The Pro will also provide an annual matching fund of up to $1,000 for advertising and promotions of the Course. These funds along with the credit card service fees are estimated to match the cost of the percentage increase. Operations Consultino Services The Operations Consulting agreement is proposed to run concurrently with the Pro services contract commencing on July 1, 1999 and terminating on October 31,2000. The October date is intended to shift the termination date to the off season allowing both the City and the Pro maximum flexibility to pursue options should the contract not be continued. The agreement includes a one year renewal clause should the City opt to continue with the consulting services. The proposed agreement identifies three primary services which include the development of an annual Operational Plan, a five year Capital Improvement Plan, and regular reporting procedures for the monitoring of both plans. The cost of the contract is $750 per month which totals $12,000 for the 16 month term. Mr. McMillen's performance through his previous contract has been exemplary and the services he is offering through the consulting agreement would contribute significantly to improving the Course. Staff believes the 16 month term of the agreements offers an excellent trial period to examine the opportunities of combining these services through the Pro Shop and is recommending approval of both agreements. Should the Council wish to proceed with approval of both agreements action should be taken separately on each agreement. Should the Council wish to proceed with the Pro Services Contract only, that contract could be approved on its own. GRANT OF LICENSE AND CONCESSIONS AT UKIAH MUNICIPAL GOLF COURSE AND INDEPENDENT CONTRACT FOR GOLF PROFESSIONAL SERVICES THIS AGREEMENT, made in Ukiah, California, this day of June, 1999, by and between the City of Ukiah, a municipal corporation, hereinafter called "City," and Jeff McMillen, a Golf Professional acting as Director of Golf, hereinafter called "Golf Pro." RECITALS: 1. The City owns and Municipal Golf Course, consisting of an eighteen-hole golf course, a clubhouse, storage sheds, and equipment for the care and maintenance of the course. 2. The City wants the services of Jeff McMillen, a Golf Professional (Golf Pro) available to the public at the course. 3. In order to secure these services the City is willing to grant the Golf Pro a non-exclusive license to use the City owned Municipal Golf Course facilities to operate and maintain a pro shop and its contents, golf cart rental business, provide golf lessons for a fee, and operate an maintain food concessions and related business. In exchange, the City receives a percentage of the gross revenues from the Golf Pro's businesses operated under the license, the Golf Pro to act in an adVisory capacity between the golfing public and the City. The Golf Pro schedules play and collects green and other City imposed fees for use of the Municipal Golf course by the public. 4. Golf Pro is a duly qualified Golf Professional who has the necessary experience and expertise to operate the concessions and manage the facilities subject to this Agreement. The term of the License and Concessions granted hereunder shall be sixteen (16) months commencing on approval and execution, and ending at midnight on October 31, 2000. This agreement may be extended at the City's option for an additional four (4) years prior to October 31,2000 contingent upon the following terms and conditions: 1. Pro shall submit to City in written form a request for extension by February 15, 2000. Upon receipt of Pro's request City shall have until March 31, 2000 to either extend the agreement for the term specified above, or shall provide written notice to Pro of its intent not to renew. 2. Should the City terminate the separate Golf Course Consultant contract for any reason other than material breach with Pro prior to March 31,2000 this contract will automatically be extended to October 31,2004 without regard and independent of all other terms and conditions of this agreement. AGREEMENT: Therefore, in reliance upon the facts recited herein and upon the conditions and agreements hereafter stated the parties agree as follows: 1. Revocable License. City grants Golf Pro a non-exclusive, revocable license to the use of the Municipal Golf Course facilities subject to this Agreement, as more fully described in the attached Exhibit "A", which is incorporated herein by reference, for the purpose of operating various concessions as more fully described in Paragraph 2 of this Agreement. 2. Grant of Concessions. City hereby grants to Golf Pro the exclusive right to operate concessions at said Municipal Golf Course facilities, including golf instruction, the sale of golf supplies, golf clothing and equipment, and other enterprises incidental to and consistent with a Pro Shop, and the sale of foodstuffs, confection and drinks, including beer and wine, but no other alcoholic beverage, provided that the sale of beer and wine shall not be permitted if it in any way prohibits or interferes with the use of any portion of the course and clubhouse by any member of the public, including minors, and golf cart rentals. Such concessions shall be operated by Pro for his own profit and benefit, and in connection with such operation, he shall maintain the Pro Shop and immediate area (as on Exhibit "A") in a neat, clean, and orderly condition. Pro shall also be expected to act as starter and to provide golf cart rentals, both pull and motorized, sufficient to meet the demand for such items. The Golf Pro's right to operate the concessions as provided herein is expressly conditioned on the following: 2.1 Financial Consideration for License and Concessions a. As partial consideration for the license and concessions granted hereunder, Golf Pro shall pay to City on a quarterly basis 6% of his gross receipts from operating all concessions under this contract, including, but not limited to, income from the sale of food, beverages, and merchandise. "Gross receipts" means all income to said concessions before deduction for any expenses as determined by generally accepted accounting principles. b. The City shall pay on the same quarterly basis to the Golf Pro 6% of the first $150,000 of the daily green fees only, and 5% of the daily green fee revenues over $150,000. c. Golf Pro at his own expense will maintain in his own name the necessary ABC License to permit the sale of beer and wine for consumption on premises at the Clubhouse, a resale permit from the State Board of Equalization and any other permits or licenses required by law to engage in the activities authorized by the Agreement. 2.2 Accounting Pro shall submit quarterly to City through its City Manager financial statements satisfactory to City and in compliance with generally accepted accounting principles, showing his gross receipts and expenses from operating the concessions granted hereunder for the quarter. Such statements shall be furnished on June 30, September 30, December 31, and March 31 of each year or on the next business day after those dates, and shall be prepared and signed by a certified public accountant. City further reserves the right to inspect and audit at anytime the books and records of the Golf Pro, which must be maintained at a mutually agreed upon location which is accessible to City during normal business hours. The Golf Pro shall also keep a detailed record of all rounds played by fee category and shall make that record available to the Community Services Director on a monthly basis. 3. Services as Consideration for License and Concessions As further consideration for the grant of the license and concessions hereunder, Golf Pro shall provide the following services' 3.1 Pro shall supervise the use of the golf Course including golf cart sheds and golf cart paths and including the opening and closing of the course each day and shall enforce all rules and regulations adopted by City relating to use of said Golf Course or conduct of the players thereon now in effect or which may hereafter be adopted. This will include observation and enforcement of proper private cart registration renewal and use. Pro shall supervise the speed of play and starting times for all golfers. He shall collect all green fees, cart storage fees, and path use fees in accordance with the schedule of fees from time to time adopted by City. The Golf Pro shall account for and remit the cash receipts to the City every other day April through October and weekly November through March. He shall keep books and accounts and handle cash in the manner required by City. In order to protect City against loss, Pro shall file with City a fidelity bond of an approved surety company in the sum of $5,000. 3.2 Pro shall devote his entire time, skill, labor, and attention to his duties as herein agreed at said Golf Course during the term of this agreement, permitting, however, absence at such times for tournaments, conferences, vacation, or other sufficient reasons as may be approved by City through the Director of Community Services. Pro shall provide the Director on at least thirty (30) days notice with a schedule of tournaments and personal vacation days. Pro shall keep the Golf Course and the Pro Shop open, either by himself or by qualified persons employed by him, seven (7) days each week, including all holidays except Christmas Day, during all playable hours as determined by the City Manager or designated agent. Pro shall employ, supervise, and train at his own expense such number of persons to assist him as may be necessary to provide the services required of him under this agreement, including, at least one full-time assistant professional, at no time shall there be less than one (1) qualified person constantly in charge of the Pro Shop while the course is open. Golf Pro shall have sole discretion to hire or discharge any employees he requires to fulfill his obligations under this Agreement. All employees in contact with the public or responsible for the unsupervised care or protection of City property at any time must meet minimum standards for appropriate dress and demeanor, as established from time to time by the City Manager, and be bondable. 3.3 Pro agrees to promote and accept credit card payment and pay at his sole expense all fees and charges related to the acceptance of credit card charges for the collection of greens and golf related fees. 3.4 Pro shall contribute to City a matching amount, not to exceed $1,000 annually, for the life of this agreement or any extension thereof, for the purpose of advertising and promotion of increased play at the Course. 4. Inder)endent Contractor, Indemnification With respect to Golf Pro's provision of services under this Agreement, the parties intend to create an independent contractor relationship in which Golf Pro is responsible for all taxes as a self-employed person who may have employees working for him. They do not intend to assume the relation of employer and employee, and the City assumes no relation whatsoever to Golf Pro's employees. The City relies upon Golf Pro to pay al legally required estimated and actual tax liabilities, self-employment taxes, and to comply with all tax withholding and other laws in his employment of others in the performance of this Agreement, including workers' compensation and unemployment insurance laws. Golf Pro agrees to supply the City with documents which indemnify and hold harmless City and its officers, agents, and employees from and against any claims by the Internal Revenue Service, the California Franchise Tax Board, the California Unemployment Insurance Board, the Division of Industrial Relations or the Worker's Compensation Appeals Board, the Public Employees Retirement Board and any other similar agency for taxes, fees, contributions, premiums, penalties, interest or any other sums, including costs of defending against any such claims, arising from Golf Pro's performance of this Agreement, including any claims of any nature whatsoever based on said agencies' conclusion that the parties have assumed any relation other than that of principal and independent contractor. 4.1 Indemnification and Insuranc~ 4.1.1 Indemnification. Pro shall indemnify and hold harmless City and its officers, agents, and employees from and against any claim, loss or damage, including the legal and other costs of defending against any claim of damage or loss by third parties, which arises out of the Pro's performance under this Agreement, except for claims, losses, or damages resulting from the sole and exclusive negligence or other wrongful conduct of the City or its officers, agents, and employees. 4.1.2 Insurance. Pro shall comply with the insurance requirements set forth in the attached Exhibit "C", which is incorporated herein by reference as though set forth in full. 5. Best Efforts. Pro shall, to the best of his ability, plan, promote, and conduct the game of golf and golf events including clinics, lessons, tournaments, and other promotional activities; be courteous, friendly, cooperative, and responsive to players' needs; maintain a good relationship and cooperative spirit with the players, Golf Clubs, staff, and committees; render professional advise, opinions, assistance, and services as required. Pro shall also participate on all committees and meetings as related to the golf operation; cooperate and work closely with the Director of Community Services to discuss the quality and playability of the course, and ways to increase efficiency and lower operating costs; continue to promote involvement and activities at the clubhouse and course including active development of new tournaments; play with customers either at home course or in local pro-ams; actively and enthusiastically promote golf instruction for all groups and levels of players; represent the City in local or national golf events; and provide merchandise, lunch concession items and a service level which best serves the public. He shall aid, encourage, and assist in the development of the Junior Golf Program and shall cooperate with the adult clubs in promoting golfing activities. He shall oversee and administrate contract provisions for all tournaments and have the exclusive right to designate the pin placement during tournament activities. 6. Full payment. The right of concessions hereinabove set forth shall constitute full payment for all services rendered by Golf Pro to City. 7. Inventory The List of Assets, attached hereto as Exhibit "B" and incorporated herein, identify those items in the Pro Shop and Clubhouse which belong to Pro and City, respectively. Pro's right of use under this Agreement includes those Cit owned items listed in Exhibit "B". City and Pro will revise Exhibit "B" from time to time as necessary. 8. TERMINATION The City may terminate this agreement based on a material breach by Pro. The City shall notify the Pro of any alleged breach of the agreement and of the action required to cure the breach. If Pro fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. City shall pay Pro only for the services performed and expenses incurred as of the date of notification of termination. In such an event all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Pro under this agreement shall become City's property and Pro shall immediately deliver such items to City. Within 15 days of said termination Pro shall remove all items from the premises described in Exhibit "A"which belong to Pro, including those items included in Exhibit "B". The City shall reimburse Pro for the cost of all items identified in Exhibit "B" less any straight line depreciated value resulting from use. Pro shall be entitled to receive the compensation provided herein, subject to off-set for any direct or consequential damages City may incur as a result of Pro's breach of contract CITY OF UKIAH GOLF PRO BY: BY: Candace Horsley Jeff McMillen LD/AGREEMENTS GOLFPRO.CON I I · ! ! ! GOLF COURSE BACK 9 o I I I I ! I I I I I I I I I · I I (Z) I I I GOLF COURSE -' FRONT 9 CLUBHOUSE IIOLE NO. IO SI,IACKBAR CITY OF MUNICIPAL UKI .AH GOLF COURSE Ill ii I I I I___ ¢~un¢ o/'/,le,~d,~¢/no. ¢¢.'. Mor¢.h , Exhibit "B" LIST OF ASSETS city: _ Cash register; outside tables, chairs, and umbrellas; freezer and desk in Pro's Office; and other contents of Pro Sho? not listed on Pro's list Golf merchandise; inside tab].es and chairs; ice machine, two hot dog machines, microwave, portable oven, soup cooker, deli refrigerator, coffee machine;.painting~; displav racks; file cabinet and chairs in Pro's office; and all qolf carts 3:CS\GOLFi'RO EXHIBIT C INSURANCE REQUIREMENTS Pr© shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damag'es to property which ,lay arise from or in connection with the performance of the work hereunder by the Pro, his agents, representatives, employees or subcontractors. ae B ~ C · MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: . Insurance Services Office from number GL 0002 (Ed. 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001). , Worker's Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. MINIMUM LIMITS OF INSURANCE Pro shall maintain limits no less than: General Liability: $.1,000,00~ 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, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. . Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. 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 deductib].es or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or tile Pro shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. m · OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability CoveraGes a . The City, its officers, officials, employees and volunteers are to be covered as insureds as respects; liability arising out of activities performed by or on behalf of the Pro, products and completed operations of the Pro, premises owned, occupied or used by tile Pro, or automobiles owned, leased, hired or borrowed by the Pro. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. b . The Pro's insurance coverage shall be primary insurance as respects 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 Pro'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 Pro'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. Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive a]_l rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Pro for the City. 3. Ail 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 (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. E. ACCEPTABILITY OF INSURERS S:\U\DOCS94\INS,EX May 20, 1994 2 F, Insurance is to be placed with insurers with a Best's rating of no less than A:VII. VERIFICATION OF COVERAGE Pro shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. 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 by the City. Where by statute, the City's workers' compensation- related forms cannot used, equivalent forms approved by the Insurance Commissioner are to be substituted. All certificates and en- dorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. SUBCONTRACTORS Pro shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. INDEPENDENT CONTRACT FOR GOLF OPERATIONS CONSULTANT SERVICES THIS AGREEMENT, made in Ukiah, California, this 1st day of July, 1999, by and between the City of Ukiah, a municipal corporation, hereinafter called "City," and Jeff McMillen, hereinafter called "Consultant." RECITALS' 1. The City owns and operates a Municipal Golf Course, consisting of an eighteen-hole golf course, a clubhouse, storage sheds, and equipment for the care and maintenance of the course. 2. The City wants the services of Jeff McMillen as an operations consultant for the purpose of assisting City in the development, implementation, and monitoring of comprehensive Golf Course operations and capital improvement plans. The term of this agreement shall be sixteen (16) months commencing on July 1, 1999, and ending at midnight on October 31,2000. AGREEMENT: Therefore, in reliance upon the facts recited herein and upon the conditions and terms hereafter stated the parties agree as follows: 1. Services to be provide~ 1.1 Golf Course Operations Plan- Under direction of City, Consultant shall develop a comprehensive annual Golf Course Operations Plan which shall provide recommendations on daily Course maintenance operations, staffing, equipment, and minor improvement projects. Said Plan shall be submitted to City within ninety days of approval of this agreement. 1.2 Golf Course Capital Improvement Plan: Under direction of City, Consultant shall develop a comprehensive five year capital improvement plan which shall identify and recommend Course improvement projects exceeding $5,000. Projects shall be specifically identified in a successive order based upon priority with associated costs and timelines for completion. Consultant shall submit the Golf Course Capital Improvement Plan for the City's review no later than November 30, 1999. Consultant shall provide an annual update of the Capital Improvement Plan during the life of this agreement. 1.3 Reporting and Plan Monitoring: A. Consultant shall provide on-going monitoring of operations and improvements and submit to City on the fifteenth of each month reports on the status of all elements of the Operations and Capital Improvement Plans. Consultant shall be responsible for the development of a monitoring report format at the City's approval. B. Consultant shall from time to time be called upon to prepare and submit to City special monitoring reports in the event of unforeseen events or special circumstances occurring on the Course. The timeframe and content of such reports shall be determined on a case by case basis as requested by City. C. Consultant shall provide a comprehensive annual report to be filed with City no later than March 31 summarizing the status of operations, the overall health of the Course and recommendations for the following year. 2. Compensation As consideration for the services provided under this agreement, City shall pay to Consultant the sum of $750 per month. 3. Independent Contractor, Indemnificatiorl 3.1 Independent Contractor With respect to Consultant's provision of services under this Agreement, the parties intend to create an independent contractor relationship in which Consultant is responsible for all taxes as a self-employed person who may have employees working for him. They do not intend to assume the relation of employer and employee, and the City assumes no relation whatsoever to Consultant's employees. The City relies upon Consultant to pay al legally required estimated and actual tax liabilities, self-employment taxes, and to comply with all tax withholding and other laws in his employment of others in the performance of this Agreement, including workers' compensation and unemployment insurance laws. Consultant agrees to supply the City with documents which indemnify and hold harmless City and its officers, agents, and employees from and against any claims by the Internal Revenue Service, the California Franchise Tax Board, the California Unemployment Insurance Board, the Division of Industrial Relations or the Worker's Compensation Appeals Board, the Public Employees Retirement Board and any other similar agency for taxes, fees, contributions, premiums, penalties, interest or any other sums, including costs of defending against any such claims, arising from Consultant's performance of this Agreement, including any claims of any nature whatsoever based on said agencies' conclusion that the parties have assumed any relation other than that of principal and independent contractor. 3.2 Indemnification and Insurance a. Consultant shall indemnify and hold harmless City and its officers, agents, and employees from and against any claim, loss or damage, including the legal and other costs of defending against any claim of damage or loss by third parties, which arises out of the Consultant's performance under this Agreement, except for claims, losses, or damages resulting from the sole and exclusive negligence or other wrongful conduct of the City or its officers, agents, and employees. B. Consultant shall comply with the insurance requirements set forth in the attached Exhibit "C", which is incorporated herein by reference as though set forth in full. 4. Best Efforts. Consultant shall also participate on all committees and meetings as related to the golf operation, cooperate and work closely with the Director of Community Services to discuss the quality and playability of the course, and ways to increase efficiency. 5. TERMINATION 5.1 Termination for Breach The City may terminate this agreement based on a material breach by Pro without penalty regarding Golf Professional Services contract. The City shall notify the Pro of any alleged breach of the agreement and of the action required to cure the breach. If Pro fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. City shall pay Pro only for the services performed and expenses incurred as of the date of notification of termination. In such an event all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Pro under this agreement shall become City's property and Pro shall immediately deliver such items to City. Within 15 days of said termination Pro shall remove all items from the premises described in Exhibit "A"which belong to Pro, including those items included in Exhibit "B". The City shall reimburse Pro for the cost of all items identified in Exhibit "B" less any depreciated value resulting from use. Pro shall be entitled to receive the compensation provided herein, subject to off-set for any direct or consequential damages City may incur as a result of Pro's breach of contract 5.2 Termination Uoon Notice The City reserves the right to terminate this contract upon thirty days notice for any reason. CITY OF UKIAH CONSULTANT BY: Candace Horsley City Manager BY: Jeff McMillen / .?,1t Il : ! I ,'1 I I I I I I I I ~~ I GOLF COURSE IJ^CI( 9 IIOLE I'10, I0 SIIACKEIAII · I (b GOLF COIJ~'ISI-" -' FRONT 9 CLUBHOUSE CITY OF UI<I .~FI MUNICIPAL GOLF COURSE /. Assessor's ,l~'c~ Count)' o! Ale,,ffcc';m.,. Cc,..' EXIIIBIT C IHSURANCE REQUIREMENTS l?ro sl~a].], procu];e al~(1 maintain for tile duration of the contract illsural~ce against c].aJ, ms for injuries to persons or damages to l~roperl~y which may ar:J. se from or i~l connectJ, oi] with the performance ()[ tl~e work hereunder l)y the Pro, his age]~ts, representatives, employees or subcontractors. ae MII'I]iMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: Insurance Services Office from number GL 0002 (Ed. _]../73) coverillg ' ' ' ' Com[~rehenslve General I_,J. abi]_ity and I~lstlrance Se:t-vic:es O[.[:i.ce form n~mt.)er GL 0404 coverJ.ng Broad I;'orm Comprel~ensive General Liabi].ity; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001) . . Worker's Compensation insurance as required by the ],al)or Code of tile State of California and Employers Lial3'|.lity insurance. MIHIMUM LIMITS OF INSURANCE Pro sllall maintain limits ilo less tllan: , General I_,iabil:[ty: $i.,_(~)Q,.OOQ_ combJ.ned single ].im.i.t per occurrence for bodi].y injury, pe:rsona], injur'y and properly damage. If Commercial. General Lial)'i ]_ity I~surance o:u other form witlt a getteral aggregate ].:i.m:i.t used, e.i. hher hl~e general aggregate l:[mih shall separately he) this proj ech/locahion or ht~e ge~teral aggregate limit shall be twice the required occurrence limi~. o Workers' Compensation and Employers I, iability: Wo]?k_ers' compe~satJ, on ].imits as required by the I,abor Code of the State of California and Employers I, iability lira:iLs of $1,000,000 per accident. DEDUCTIBLES Al>Il) SELF-INSURED RETENTIONS A,ty deduct:i.l)].es or self-insured retentions must be declared to a,~(1 apt?roved by tl~e City. At the opt:[o~ of the City, o itl~er tl~e :i~s~reu sl~a].]. ]:'educe or e].iminate s~cl~ deduct.i.I)les or (,L ty, self :i~sure(] rete~tions as respects tl~e "' its of i:i ~::i.a].s, r:~ml,].()ye~es and vo].t~teers; or I:l~e ]'to shall I.',,:~,(".~:FO a }_)oriel guara~ltee:i.~l9 payment of losses and :~.'e.I al:ed .[~vestigations, ti. aim administration a~ld defense expe~ses. OIlILR INSURANCE PROVISIONS 'l'l)r~ l)O]_:icies are to conta:i.l), or be endorsed to contai_~l, the 1. General Liability and Automobile Liability Coverages a o Tile C.tty, :i. ts officers, off:i.c.i.a].s, employees and volunteers are to be covered as iblsureds as respe- o'.ts-; ].iabilJ. ty ar.J. sing out of activities performed by or on behalf of tl~e Pro, products and comp].eted operatJ, o~s of tl~e Pro, premises ow~ed, occupied or used l)y tl~e I"b:'O, or a~tomobJ.].es owl~ed, ].eased, l~ired or borrowed t)y I;tie Pro. 'l'l~e coverage shall, contain no special limitations on the scope of protection afforded to the City, its officers, official, s, employees or volunteers. 'I'|~e Pro's J.x)s~lrance coverage sha].l be primary insurance ) as res;..ects tl~e City, its o~[ficers, offic:[als, employees al~d vo].unLee'l:-S. Any J. nsurar~ce or self - j_~]su-i.'alLce ,,~aintained by the City, its officers, of if J.c:i al.s, employees or volunteers shall be excess of the Pro's i~]sura~ce and sl~all not contribute with it. C · Any fail. ute to comply with reporting provisions o[:. tl~e policies shall not affect coverage provided to tl~e City, its officers, officials, employees or volunteers. d. The Pro's insurance shall apply separately to each i~]sured agaJ.]~.qt whom claJ.m is made or su.i.t is bro~.cjllt, except witl) respect to the lilnits of the insu]:'er's ]_lability. 2. Workers' Compensation and Employers Liability Coverage Tl~e i]bsurer shall, agree to waive a].]. r:i. gl~ts of subrogatJ, o]l against the City, its officers, offic;ials, employees abbd volunteers for losses arising from work performed by the Pro for the City. 3. All Coverages ].]acl~ I]~sura,lce policy required by ti'bis clause sl)a].l be endorsed to state that coverage sha].l nc)t be s~lspe~ded, voided, canceled by eitl~er party, reduced in coverage or J.~l lJ. mits except after thirty (30) days' prior w]..-J, tten notice by certified mail, return receipt requested, has been given to tile City. E. ACCEPTABILITY OF INSURERS ~3ay 2 Insurance is to be placed with insurers with a Best's rating of ~Jo less tl~an A:VII. VITRIFICATION OF COVERAGE Pro shall furnisl~ the City with certificates of insurance and w.[tl~ original, e~dorsements effecting coverage required by tl~is c].a~se. The certificates and endorsements for eacl~ J.~s~;a~ce [~o].:[cy are to be signed by a person autl~orized by that J.~s~er ~:~ bind coverage on its behalf. 'l'he certificates and e~]<~rsements are to be on forms provided }~y tl~e City. W~ere ~ t~tatute, tl~e C.-i. ty's work. ers' compe~sat.'[on- fei. areal [:orms ca~]~ot used, equ.[valent forms approved by the I~s,]rance Comm..ssioner are to be substituted. All certificates and en- dorsements are to be received and approved by the City l~efore w~rk comme~ces. The City reserves tile right to require co,,q?]_ete, certi[ied copies of all required insurance po].icies, at any time. SUBCONTRACTORS P.ro shall J. ncl~de all subcontractors as insureds under its poi J.ci. es or sl~a].], furnisl~ separate certificates a~d e]~lorsements for each subcontractor. A].]. coverages for s~contractors sha].l be subject to a].l of tl~e requi~:'e,ne~ts stated ]~erein. ITEM NO. q~ DATE: June 16. 1999 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF ORDINANCE AMENDING CHAPTER 4, ARTICLE 1, SECTION 1001 OF THE MUNICIPAL CODE TO BE ENTITLED PARKS, RECREATION, AND GOLF COMMISSION At the June 2, 1999 meeting the City Council introduced the ordinance combining the Golf Advisory Committee and the Parks and Recreation Commission and creating the Parks, Recreation, and Golf Commission. Staff has received no public comment regarding the proposed ordinance and is therefore recommending the Council proceed with adoption. RECOMMENDED ACTION' Adopt Ordinance Amending Chapter 4, Article 1, Section 1001 of the Municipal Code to be entitled Parks, Recreation, and Golf Commission. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine Ordinance requires revision and move to adopt as revised. 2. Determine adoption of ordinance is ina~_.E.~oriate at this time and do not move to adopt. Citizen Advised: N/A Requested by: Golf Committee and Parks and Recreation Commission Prepared by: Larry W. DeKnoblough, Community Services Director J_cO~ Coordinated with: Candace Horsley, City Manager Attachments: 1. Draft Ordinance for adoption 2. June 2, 1999 Agenda Summary Report AP P ROVE D ~j ~,/~.,_~_,~~,~ ED2 Candace Ho r~l~y ~'C-ity ~[Vlan ag e r COMM2.ASR ORDINANCE No._ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING CHAPTER 4 ARTICLE 1, SECTION 1001 OF THE MUNICIPAL CODE TO BE ENTITLED PARKS. RECREATION, AND GOLF COMMISSIOb] The City Council of the City of Ukiah does hereby ordain as follows: Section 1001 is hereby amended as follows: Membership; Appointment; Between June 30, 1999 and June 30, 2002 said Commission shall consist of all current members of the Golf Advisory Committee and the Parks and Recreation Commission. Effective June 30, 2002 said Commission shall consist of seven (7) members as follows: 1. one member of the Ukiah Men's Golf Club 2. one member of the Ukiah Women's Golf Club 3. one member of either the Men's or Women's Golf Club 4. four at large members, at least two of whom shall reside within the City limits, and two of whom may reside outside the City limits but within the City's Sphere of Influence. All members of the Commission shall be appointed by the City Council. This Ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. This Ordinance shall become effective thirty (30) days after adoption. Introduced by title only on , by the following roll call vote: AYES: NOES: ABSTAIN: Passed and adopted on .. AYES: NOES: ABSENT: ABSTAIN: , by the following roll call vote: _ I ITEM NO. 10~ DATE' ,JUNE 2. 1999 _ AGENDA SUMMARY REPORT_ SLIBJECT: INTRODUCTION OF ORDINANCE AMENDING CHAPTER 4 ARTICLE 1 OF TFIE MUNICIPAL CODE TO BE TITLED PARKS, RECREATION, AND GOLF COMMISSION At their respective April meetings, the Parks and Recreation Commission and Golf Advisory Committee discussed and approved merging the two bodies to create a Parks, Recreation, and Golf Co~mission. The purpose for combining the two bodies is to increase Commission efficiency and eIl'ectuate a broader base of public representation through which the City's major recreational assets can be discussed and improved. Prior to October 1989 the Parks Commission and Golf Committee were one body. During this period tile Community Services Department (then Parks and Recreation) was experiencing significant activity due to the availability of state park bond funds, growth and increasing recognition of the Grace I-iudsor~ Museum, and increasing City participation in providing recreation programs. It was the golf community's feeling that, due to the amount of Parks Commission time being dedicated to these other areas, golf course concerns were ~ot adequately being addressed. Consequently, they requested a temporary ad-hoc committee be created to allow specific input on golf course matters. That Committee was created for a period of one year by Resolution 90-21. The Committee was exlended the following year for another single year term. By 1992 when tlr~e second Committee term was to expire, tile Golf Course was in the midst of significant change through the reconstruction of tl~e Clubhouse, the pending purchase of the back eight holes from the County, and the hiring of a new Golf and Parks Superintendent. Based on these activities and the resulting need for public input, the Council determined to continue the Golf Advisory Committee indefinitely. RECOMMENDED ACTION' Introduce ordinance revising Chapter 4, Article 1 of the Municipal Code to be entitled Parks, Recreation, and Golf Commission. ALTERNATIVE COUNCIL POLICY OP'l:'iO~lS: 1. Determine proposed revision requires further consideration and remand to staff with direction. 2. Determine proposed revision is inappropriate at this time and move to not introduce ordinance. Citizen Advised: Parks and Recreation Commission and Golf Committee Requested by: N/A Prepared by: Larry W. DeKnoblough, Community Services Director/_~,o.i) Coordinated with: Candace Horsley, City Manager Attachments- 1. Proposed revised Ordinance 2. Original Ordinance No. 783 3. Excerpt from the April 12 Parks and Recreation Commission Minutes 4. Excerpt from the April 20 Golf Advisory Committee Minutes 5. Terms of Cit.,y_of Ukiah~Board and Commission Members APPROVED':. :: :~.~. '~_,..Z.\~,r~.'..~ _ Candace Horsley, City Manager LD2 OOMM.ASR Both the Parks Commission and the Golf Committee expressed that this is an appropriate time to combine the two entities to consider the City's recreational assets as a whole and increase the ef[iciency of both bodies. In recent years the Parks Commission has had difficulty with recruiting full membership. During this last term, the Commission operated with only six members and attendance has been sporadic. Until recent joint sessions with the Golf Committee, the Commission schedule had been reduced to quarterly meetings. The Commission and Committee both felt that combining the two bodies will provide increased public interest and broader member representation which will result i~ enhanced discussion of the issues common to both bodies. Should the Council determine to proceed with combining the two bodies, staff recommends the new Commission ullimately be comprised of seven members, however, it is recommended that an attrition period extending to June 30, 2002 be provided to allow all current terms to expire, Several members will have terms expiring between June 30 of this year and 2002. The number of seats would be reduced as these vacancies occur should the member in question opt not to continue. Of the eleven members between the two bodies only three members are eligible to serve beyond June 30, 2002. Atlached for the Council's consideration is the proposed ordinance, which would establish the Parks, Recreation and Golf Commission. The ordinance establishes an interim membership of the five Golf Con~mittee members and six current Parks Commissioners with a sunset date of June 30, 2002 to reduce any remaining mernberships greater than the required seven. Staff is recommending the Council take action at this time to introduce the ordinance. ORDINANCE No. AN ORDINANCE OF THE CITY COUNCIL OF TItE CITY OF UKIAH AMENDING CHAPTER 4 ARTICLE 1, SECTION 1001 OF THE MUNICIPAL !3-QD--E-' T-f-Q~~ED PARKS, RECREATION, AND GOLF COMMISSION The City Council of the City of Ukiah does hereby ordain as follows: Section 1001 is hereby amended as follows: Membership; Appointment: Between June 30, 1999 and June 30, 2002 said Commission shall consist of all current members of the Golf Advisory Cotnmittee and the Parks and Recreation Commission. F. ffective June 30, 2002 said Commission shall consist of seven (7) n~embers as follows: 1. one member of the Ukiah Men's Golf Club 2. one member of the Ukiah Women's Golf Club 3. one member of either the Men's or Women' s Golf Club 4. four at large members, at least two of whom shall reside within the City limits, and two of whom may reside outside the City limits but within the City's Sphere of Influence. All members of the Comnfission shah be appointed by the City Council. Ti~is Ordinance shah be published as required by law in a newspaper of general circulation published in the City of Ukiah. This Ordinance shall beco~ne effective thirty (30)' days after adOPtiOn. lmroduced by title only on ~, by the following roll call vote: AYES: NOES: ABSTAIN: Passed and adopted on. AYES: NOES: None ABSENT: None ABSTAIN: None , by the following roll call vote: OI~DI::ANCE :;0. 783 AN ¢)I?I)IIIAH¢:I; ¢)I" TltE CI'I.'¥ COUHC[I, ()F 'I'~IE tit~IAI1 IIF;VI~;I;It; CHAPT/~R 4 AICI'J. CI,E J. AND lA HIJHICI. PAL CODE TO BE ENTITLED "PARKS, RECI~EATIO?I ArID CULTUIUXL ARTS CO:~l[~)~.l OItDI~IAtlCE" The City Council of the City of Ukiah does ordain als follows: :Jection 1. Article I and IA of Chapeter 4 of the City of Ukiah Hunicipal (~ode is hereby repealed and a new Article I is adopted: Section _ 1000 Creation There is herby created a Parks, Recreation anti Cultural :\rCs Commission. This advisory body shall report to the City Council for the City of Ukiah, California. Sect.Ion lO0! - Hembership; appointment: Said Commission shall consist of seven members who shall be appointed by the City Council from the residents of tile City of Ukiah. Section 1002 - Term of Office; Vacancies · Ilo members of the Recreation and Parks or Cultural Arts Commission will lose their term of office by enactment of this ordinance. All apPointments to this co~.uniSsion shall be for a term of three years. ReapP°intments to tile Commission shall be pursuant to Chapter 4, Article 5 of the Hunicipal Code of tile City of Ukiah. Section 1003 - Duties and powers of the Commission The Parks, Recreation and Cultural Arts Commission shall have the power and duty to recommend and advise on: (a) Policies to be ,~dopted and enforced for the operation, use, and management of ail recreation and cultural arts activities and facilities, parks and parkways. (b) Policies for the planning of recreation, cultural arts parks program for the inhabitants of the City, "romote and · . Stimulate public interest therein, and to that end solicit to the fullest extent possible the COoperation of school authorities and other public private therein, a~encies interested (c) Policies for tile acquisition, development and improvement of, parks, P1:~ygrounds, and facilities for cultural arts and Recreation. Section 1004 - Expenses of members; no compensation The members of the Conunission shall receive no compensation, exce.~c such trnveling expenses as are authorized by late. ,~ection [005- Chairperson; Officers 'File Commission shall elect a Chairperson from among its members for ,'~ term of one }'ear ;~nd may elect such ether officers as it may determine. Section 2. All ordinances or parts of ordinances inconsistent herewith are hereby repealed. Section 3. This ordinance shall become effeccive on July 1, 1982. Section 4. This ordinance shall be published as required by law in a newspaper of genera], circulation published in the City of Ukiah. ~ASSED AND ADOPTED THIS 5~}~ day of FIaL---____, 1982, by the following roll call vote: Mr. Sall!liacolllo reported there is a new Day Calnp facility, conlplele witl~ decking and addilional resl~oo~] rncililies Iocaled al Todd Grove Pa~k. ]'l~e IJkiah M~llficipal Pool is scheduled to ot Ii, si we~fl~,'~d i~ ,Ju~e. -I"l~e Su~er Day Ca,rip Prograph will Ol~e~ on Mop,day, June 21. 1999, and end ll~e I:~ i~lay I~efo~e scl~ool berlin,s. Stall will slloi[ly begin i~de~mive in service day camp a~ld pool lrai~]i~¢~ a~d develop~ller~[ for tile newly hired seasonal employees, wino mostly consist of college stude~ds. Chairma~l ,Iohuson inquired regarding an end-oFschool-year field day at the Pool for tile local studeifl, s wlleiein addilional revel lue would be generated by tile studellls. r~r. Sall.(li:1(:OlllO replied lie was supportive of tl~e proposed field day, but stated ti']e matter is conlpli(:alnd because of llle City's Use of Facility Agree~nent willl the Ukiah Unit'ied School District iii wllicl~ a~y class wllo wanls pool use is culrelllly given priolity. Tile Use of Facility Agle. ement allows f.l~e Cily lo tlave secor~d priolity of facility use, al!er use by tile Ukiall Unified School Dislrict. Mr. Llel(~l~blougll replied lie was iii favor of a ploposed field {.lay as long as tllere is ilo i~lcleased cost to lira Cily Pool, despite the Reciprocal Agreement between tl~e City arid the Ukial~ Unified School [)i~llicl iii col~neclion willl facility use fees. l-le also leplied anolher favorable aspect of a proposed I'ield (.lay, if revenue generatior~ was riot possible would be if tl~e City received future access to scl]ool facilities. ' A brief disc~ssiol~ followed regarding the City Pool admission fees. Mr. San!!iaconlo staled All'ly Tllompson will return as Pool Manager. c. ~_~.ie!~_[:a i~a n~ Fa m~!y_~ ~r. San~lim:omo repoded the City of Ukiah is again a sponsor for the free Science Fair and Family Expo eve~l co~nmencil~g on Sal~lday, April 17, 1999. Fie fu~lher repo~led there is a catalog available wlfi(:ll oilers a col~lplele oulli~le of tile evellls. He staled althougl~ tl~e City does no[ have Io pay tot ils recrealio~ publicity bootie, tile Cily is obligated to fullill celtain requi~'emenls associated will~ beil~g a Scie~ce Fair and Fa~lily Expo sponsor. d. Reo~ganizatioll of Palks a~'~on Commissiqn ~r. DeKImblough reported on the proposed reor'ganization of ll~e Uldah Municipal Gol[ Adviso~ Commilleo and the Parks and Recreation Commission to i~lclude consolidation of the two com~nil, lees for ltle purpose o¢ increased commiilee business agenda, commitlee n~ember conve~fie~me, increased committee efficiency, and added co~lmfillee diversity. He slated there would be a lotal of seven conm]itlee seals, consisting of one Inember eacl~ from tile Men's and Woma~'s (~olr Club a~d o~}e frown tl~e general gol[ comll~unily, and four representatives flon'! the current I~a~ks and Recreation Commitlee. He also slated ll~e reorganization of the two aforen~e~li~ed commillees would not preclude conlnliltee melld~ers who m'e goiters from beil}g or~e of ll~e fl:~r represe~llalives o[ the gelleral public. I-le slaled p~ior lo 1990 tile lwo Com~lfitlees were o~le m~l. ily. Parks and Recreation Commissiou Page 3 April 12, 1999 Comn~i?,~ioner Rones repo[led on tile history of tile Pawks a~m(! Recreation Comnfillee and elal,)oratn{I o~ tile eve~ls wl~icll I~as led to the plesent Co~nnfil. l:ee nleml:)erslfips. I-'te slated lie was i~l favor ()1' !l~e p~oposed reorgalfizal,ion of file Parks a~ld Recreation Com~nissiol] to consolidal, e the Pa~ ks a~.l I:,ec[eation Commission and lhe Golf Course Advisory Comnfittee to govern all file City's ~ecrealio~al activities. Mr. Del(,~oblot~gh stated Committee recruitment will take place over time as the curre~t seats become ~vailable so that no (.'urrent participant will be eli~d~mted. He further sl,ated II,at by Resolulio~ a new de[trillion for Ihe Parks and Rec~-ealion Co~nn~ission n~emberslfip would be crealed, wlficl~ provides se(.:u~ily lo tl)e Golf Course Con~fillee me~berS alo~g wilh tile unde~ sla~ ~di~g I.! ~is Com~nillee will I~ave sig~fifican[ representalion. He furll~er slated he would like to schedule a special meeting lo furlher discuss the Parks and Rec~ealio~] Commission reorganization as well as to discuss ll)o Cily Budget. Il was 11~ co,me,taus or tl~e Co~'~mission 1o proceed will) the ~eo~ga~izalion. e. _O.! c !_ta_Ld_a n d~O_b_s_e r v a [_o...! y j_:, a r k__ss Mr. DeKnoblou.qh reported four Request for Proposals were senl, to licensed landscape design I.)usil~es~e..-., legarding landscape constructio~ of Orchard and Observatory Pa~ks. Ail anol~ymous do~alio~ was given ol'~ bel,air of Observatory Park in tl~e sum of .$8,000 for landscaping. f. -S e ~'.~ J_o_r_C_e n t___eL_l.," r__gog ~aj r~ Mr. San~lincomo stal,ed he recently met with Executive Director Plfillips from the Ukiah Senior Center ~(;la~ding senior cil,izen aclivity expa~sion. He further reported tl~e Uldah Senior Center has ~nany l:)roq~a~ activities, but il I~as problems recruil,ing a sufficient nund:)er of participants. AIl. l~o~gl] ~o l)er~:~d plans i~ave been ~-~de belween ll~e Cily a~d tile Settlor Cenler, II,ere was dis(_':ussion t)elwee~l II ~ l,wo oignl ~izalio~ts l e,qarding l)~ Ol)osals for success[ul i ecreational progran~(s) wl~ich would bellolit boil] elllities witl~ ~evenue genera[toll arid increased parl,icipation. g. _D__.is;u.._s_si_p_o!~ o_f~olf_.___C_our_s_e Managemenl_ Mr. Del;~oblo~.~.[!h presenl,ed a brief summary oil the current Golf Course Management proposal scenarios corffronl,ing ttle Golf Course. Commissiolmr Rones stated it is ti'me Contrail,tee members' obligation and responsibility to closely examine all possible alternatives as well as to make recommendations regarding any future Golf Course IVI;~rmgelnent proposals. I-le further slated, in his opinion, tllele are four areas of co~)cern regardi~g 11 ~e Golf Course Management p~'oposals and riley i~clude ti~e following- 1. Sell lt~e Golf Course to eli~inate the City's responsibilil, y and debt; 2. I_ease ll~e Golf Course to an outside professional Golf Cou~'se Ma~mgement organizalion; 3. Co~[inue wilh tl~e same nmnagement program wl~ereby ll~e City hi~es a Golf Pro co~dracted to ~a~age the Golf Course a~d Pro SI]op; Parks and Recrealion Commission Page 4 April 12, 1999 UKIAH GOLF COURSE ADVISORY COMMi'rTEE ^l)[il 2(I, 1999 MINUTES _MEMBERS PRESENt Bob Burke, Chairman Faye t~lefle, Vice-Chairman Don Rones, Sr. Perry Ramsey Elsie Nielson ME. MBEI]S.~BSENT None STAFF _PRESENT Larry DeKnoblough, Director of Community Services Jeff McMillen, Golf Pro Catl~erine L. Elawadly, Recording Secretary ~ii[..i_I.E_~S PRESENT Gene Her[e The Ukial~ Golf Course Advisory Committee was called to order by Chairman Burke at 5:37 p.m., at tl~e Uki;.~h C, ivic Center, Confelence Room 4, 300 Seminary Avenue, Ukiah, California. Roll call was [ake~ witl~ tile results listed above. II. _AUDIENCE COMMEN"I'S ON NON-AGENDA ITEMS No one flonl the audience came forward. III. _APPROVAL OF MINUTES - March 16, 1999 & March 30, 1999 ON A MO I ION by Me,idler Ralnsey, seconded by Vice-Chainnal~ I le[le, it was carried by an all AYE w_~ice v~d,~. ~[ II~e me~lbe~s p~es~t lo approve II~e mi~u[es or [l~e Ma~cl~ '16, 1999 ~eeli~g as subnfiil, e~l. - ' ON A Mt.) 1 ION by Member Ramsey, seconded by Vice-Chairman I-let[e, it was carried by a~) all AYE voice vole of tile menlbers present to approve the minutes of the March 30,1999 meetil~g, as submitted. IV. NEW BUSINE__S.S Discussion of Joint Budget Meeting of the Golf Course Advisory Committee and the Parks arid Recreation Commission on May 10, 1999 Director ol~ Communily Services DeKlioblough reported the Joint Budget Meeting commencing on May 1(), '1999, would include a discussion regarding consolidation of lhe Golf Course Advisory Commitle~ a~(~! II~e Pa~ks and Recreation Co~nmission. tte rel)o~[ed a reorganization of tt~e Ukiah Golf A(:lvim)~y Co, nmi[lee and ll~e Parks and Recreation Commission is recommended by Sla[f for the purpes9 of increased committee business agenda, increased committee efficiency, and added committee representation. Additionally, having two consolidated committees would consequently allow increased beneficial recognition of the City's recreational entities and/or assets. He stated tt~ere wo~ll(J be a proposed total of seven committee seats, co~sisting of one member flo~n the Minutes of lira Golf Course Committee Page 1 April 20, 1999 Men's a~l Woman's Golf Club and one from the general golf community, arid four seat ~eprese~dntives fi'on'! tl~e curre~t Parks and Recreation Inembel's. Mr. LlelC,~ud)lough stated the proposed reorganization of the two afolernentior~ed committees would ~lot preclu~le conuniltee members wino are golfers flora being one of tl~e four seat representatives of the Pal ks and Recreation Co~runission. Member Ro~es stated tile Golf Course Advisol¥ Committee and the Parks and Recreation Commission used to be a sole elltity, which managed tl'~e City's recreatiol~al assets. He fudher slaled lie was in favor of tile proposed reorganization of the Pa~ ks all¢.l Recreation Comnfissioi~ to co~lsoli(lato tile Parl(s and Recreation Commission arid tile Golf Course Advisory Committee. He reiterated l.l~e Golf Course Conu'lfiltee functions beyond being an advisoW group and consolidation would allow for i~lcreased Golf Course representation as well as elevate committee validity. Member rJielson stated, in her opinion, the Golf Course would not receive adequate represe~tation should thru e be committee consolidation and, tl~erefore, was riot in favor of consolidation. It was noted by the members tlmt increased golf community rel)resentation, in addition to the proposed tlu'ee seat Golf Course representation, is probable since open recruitment may interest a commLu~ily golfer in servirlg ol~ a City recreational committee. Member Ra~nsey stated he understands the need for tl~e Golf Course to have adequate representatiorl with regard to Golf Course decisions and supports file consolidation. ON A MO I ION by rnember Rorles, seconded by mernber Rarnsey, it was carried by an all AYE voice vote of the members present to approve a Joint Budget Meeting of file Golf Course Advisory Com~nittee a~d tl~e Parks arid Recreation Cormnission from May 10, 1999, to May 18, 1999, and to al)p~ove colmolidation of file two bodies. OLD BUSINESS a. Discussion of City Council Meeting Date to Discuss Golf Course Management Director of Columullil.y Service.~ DeKuoblough drew atterltior! to his letter, dated April 8, 1999, addressed to ttle Golf community. Vice-Clmi~man Helle i~qui[ed regarding mailing of the above-mentioned letter along with distributioll of the Wo~narCs Golf Club newsletter to its members. Mr. DeK~loblough replied his letter can be mailed along with the Woman's Golf Club newsletter. Mr. DeK~loblough reported at the regular' May 19, 1999 City Council meeting, a discussion regarding CourseCo, Inc., similar to the discussion held at the Special Golf Course meeting on Marcl~ 30, 1999, will be presented. He further reported the purpose of the Council meetil~g is not Io exalrli~ ~ specific p[ol)osal colflerlt, but to l lear tile public's opilfion legardi~lg whether to lease the Golf Cotl~ se to a professional oulside management business. I.le stated it became appare~]t with regard to fl~ture man~ge~l]e~lt/ol)eration of the Golf Course tllat celtain mandatory changes were necessaiy in order for tile Golf Course to iemain financially al~d co~npetitively successful. As a Minutes of tim Golf Course Committee Page 2 April 20, 1999 TERMS OF CITY OF UKIAH BOARD AND COMMISSION MEMBERS July 1, 1998 'Next Councilmember to nominate for appointment to this Commission/Board. *"two Commissioners may reside within the City's Sphere of Influence Date of Current Present Term Last Date __P_lp_~_tpin(i - 3 year ~terln - Ashiku_* Appointment Expires To Serve Er i c l~ rson 7/01/98 6/30/01 6/30/0-'----~ Judy Pruden 7/17/96 6/30/99 6/30/02 Jennifer Puser 7/01/98 6/30/01 6/30/01 Mike Correll 7/01/98 6/30/01 6/30/04 Joe Chiles 7/02/97 6/30/00 6/30/03 _Ai_r. po_rt.- 3 year term ** - Ashiku* _ Ken Fowler ** 7/01/98 6/30/01 6/30/01 Ma ~k Ashiku 7/01/98 6/30/01 6/30/04 Doug Crane 7/01/98 6/30/01 6/30/04 Michael Whetzel 7/01/98 6/30/01 6/30/04 Mark Davis* * 8/21/96 6/30/99 6/30/99 Goll~ Course Committee - 2 year term - Ashik,,* Donald E. Rones, Sr.- Parks and Recreation Perry Ramsey - Men's Golf Club Elsie Nielson - Public Member Faye Hefte - Women's Golf Club Robert F. Burke - Public Member 7116~97 6/30/99 6/30/99 7/02/97 6/30/99 6/30/01 7/01/98 6/30/00 6/30/00 7/01/98 6/30/00 6/30/00 7/16/97 6/30/99 6/30/01 Park.s,,,and Recreation - 3 year term ** - Mastin* Ff edrick Koeppel 7/01/98 6/30/01 6/30/04 Jon Henderson 7/01/98 6/30/01 6/30/04 James Mulheren 7/01/98 6/30/01 6/30/04 Susan Johnson 7/17/96 6/30/99 6/30/02 Don Rones 7/17/96 6/30/99 6/30/02 Jeffrey Anderson: RESIGNED 1/18/95 6/30/99 6/30/02 Mike Woskow** 7/17/96 6/30/99 6/30/02 Desi.ff. Review Board Thom Parducci, Chairperson DeDe Ledford Marge Boynton Donna Berry 6/30/95(Retro) 6130/01 6130/01 6~30~95 (Retro) 6/30/01 6/30/01 1/20/99 6/30/01 6/30/04 10/15/97 10/15/00 10/15/00 Joan Schlienger (at large) 2/18/98 6/30/00 6/30103 *First lhree terms were to expire in 1995, however, individuals not nominated until 6/19/96. It was necessary for these terms to e×pire in 1998, therefore, their 6/19/96 appointment was retroactive to 6/30/95 for purposes of their terms. Inve_s!ment Over__sight Committee - Public Member 2-year term - Mastin* CRndace Horsley - City Manager - Gordon Elton - Finance Director Phil Ashiku - City Councilmember Mm~te Hill - Public Member 7/01/98 6/30/00 Allen Carter - City Treasurer, Chair N/A Terms - Page 1 of 2 ITEM NO. 9c DATE: June 16, 1999 AGENDA SUMMARY REPORT SUBJECT: APPOINTMENT OF CITY COUNCIL MEMBERS TO VARIOUS COMMITTEE ASSIGNMENTS At the June 2, 1999 City Council meeting, Council discussed current appointments to various committees and commissions. The matter was deferred to the June 16 meeting. Attached for your review and consideration is the current listing of committee assignments, dated May 21, 1999. A Draft Recommendation provided by Mayor Mastin is also attached for your consideration. Assignments recommended are highlighted. Further discussion on this matter will take place at the City Council meeting. RECOMMENDED ACTION: Review City Council Committee Assignment Listing And Make Appropriate Appointments ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine that City Council appointments to various committees/commissions are not appropriate at this time. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Mayor Jim Mastin Marie Ulvila, City Clerk Candace Horsley, City Manager and Mayor Jim Mastin 1. Draft Recommendations for City Council Committee Assignments 2. Current list of City Council Committee Assignments. Candace Horsley, City ~anager c:asrcom. COUNCIL COMMITTEE ASSIGNMENTS DRAFT June 10, 1999 Chamber of Commerce Liaison City/County Leadership Group Mayor Mastin City Mana[~er Horsle~ City Selection Co ~mmittee Mayor Mastin (required) City of Ukiah Disaster Council Mayor Mastin - Chair Councilmember Libby - First Vice Chair Cit~ Manager Horsley - Second Vice Chair Council/County Supervisor Committee M.a. yor Mastin Courthouse Facilities Plannin~ Committee Councilmember Ashiku County Overall Economic Development City Manager Horsley Investment Oversight Committee Mayor Mastin :::::::::::::::::::::::...!:i:i:!:i:i:i:i:i:i:i:i;i.~.i:i:i:i:i:i:i:i:i:i:i:i.~i:i:i:i:i:i:i:i::.~..i:i:i:i:i$i~:.~::i: · t:~:~ .......... ... · --:.: . - .................................................................~....v...........v...v.v...v.................v.....v.v.v.v.........v...`.........v................................. ~i~i~i" .....::':'?:::':':':'i::'::~: ::::::::::::::::::::::: :':::':::':':iiiii~ii?'.....-:':':':':':':::':':':'?:::':':':'~'":':'::ii' :::::::::::::::::::::::::::::::: League of California Cities Polic~ Committees Local Agenc~ Formation Commission (LAFCO) Councilmember Ashiku ~~~~~~~~.~~~~.~~~.~~~~~~..~~~~~.~.~~~~..~~~~~~~~~.~~.~.~~~~~.~~~~.~~.~~~~~~~v.~~~~~~~.~~.~~~.....~..~~~. Main Street Board of Directors · ...-...................-.....v.....v .......-.-...............-...v.-.....v...........-...-.-.-...-.-.v.....-.-.... Mendocino Council of Governments (MCOG) :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::..:i:i:i:i:!:!:i:i:i:i:!:.~....:!:i:!:!:i:!:!:i:!:!:i...!:!:i:i:i:i:i:i::.....i:!:!:i:.~:::i...!: i'..i'...i'. ...... '.....'...'.'i'i'i.iii'....'.i.'.i'..~ ...... ' ......... i'....i'i..i .......... Mendocino Coun~ Film Advisory Board (Non-Votin[~) Councilmember Libby Mendocino County Inland Water and Power Commission Councilmember Baldwin Alternate: Ma?or Mastin Mendocino Solid Waste Management Authority (MSWMA) Mayor Mastin Mendocino Transit Authority (MTA) Board of Directors Mayor Mastin Northern California Power Association .(NCPA) Electric Utility Director Barnes Transmission Agency of Northern Calif6mia (TANC) Alternate: Councilmember Ashiku v.......,.............v.v...................v...............v.....v...v///...v/...v.....v....//........ Recreation Center Group Russian River Watershed CommuniW Council Councilmember Baldwin Alternate: Councilmember Libb~ ~.v~..~....~.~v~v~.~.~.~.~.~.~.~..~v.~v~v~.~v.~...~.~//~..~...v~.~..v.v~..v.v....//~.~.~.~../.......v~.~.../..~....~./~. Skateboard Park Committee Solid Waste Committee Jim Mastin & Phillip Ashiku Sun House Guild ex officio liaison Councilmember Libby v.v...v.....v.v.v.....v...v ...v.v...v.....v/.....v.....v ...v...v.....v.v....,..v.v...v... Ukiah Unified School District Site Selection Committee Ukiah Valley Sanitation District (UVSD) Councilmember Ashiku Alternate: Councilmember Baldwin Downtown Master Plan Committee Economic Development & Financin~ Corporation (EDFC) Finance Review Committee *** Vacancy To Be Filled Commissioner Libby Chairman Mastin and Commissioner Ashiku Alternate: Councilmember Baldwin council\comas.wpd COUNCIL COMMITTEE ASSIGNMENTS May 21, 1999 Chamber of Commerce Liaison City/County Leadership Group City Selection Committee City of Ukiah Disaster Council Council/County Supervisor Committee Courthouse Facilities Plannin~ Committee County Overall Economic Development Investment Oversight Committee Lea~ue of California Cities Policy Committees Local A~ency Formation Commission (LAFCO) Main Street Board of Directors Mendocino Council of Governments (MCOG) Mendocino County Film Advisory Board (Non-Votinl~) Mendocino County Inland Water and Power Commission Mendocino Solid Waste Management Authority (MSWMA) Mendocino Transit Authority (MTA) Board of Directors Northern California Power Association .(NCPA) Transmission Agency of Northern Calif6rnia (TANC) Recreation Center Group Russian River Watershed Community Council Skateboard Park Committee Solid Waste Committee Sun House Guild ex officio liaison Ukiah Unified School District Site Selection Committee Ukiah Valley Sanitation District (UVSD) Councilmember Baldwin Mayor Mastin City Manager Horslcy Mayor Mastin (required) Mayor Mastin - Chair Councilmember Libby - First Vice Chair City Manager Horslcy - Second Vice Chair Mayor Mastin ***Councilmember Councilmember Ashiku City Manager Horslcy Mayor Mastin Councilmember Ashiku ***Councilmember - Communit}r Services Councilmember Ashiku Councilmember Libby ***Councilmember Alternate: Councilmember Libb~, Councilmember Libby Councilmember Baldwin Alternate: Ma?or Mastin Mayor Mastin Mayor Mastin Electric Utility Director Barnes Alternate: Councilmember Ashiku ***Councilmember Councilmember Baldwin Alternate: Councilmember Libb? ***Counciimember Jim Mastin & Phillip Ashiku Councilmember Libby ***Councilmember Councilmember Ashiku Alternate: Councilmember Baldwin Downtown Master Plan Committee Economic Development & Financin~ Corporation (EDFC) Finance Review Committee Commissioner Libby Chairman Mastin and Commissioner Ashiku Alternate: Councilmember Baldwin Vacancy To Be Filled councii\comas.wpd ITEM NO, 9(:1 DATE: June 16,1999 SUBJECT: CONSIDERATION AND APPROVAL OF REPLANTING PROGRAM FOR SEMINARY AVENUE MEDIANS At the May 5, 1999 meeting, the Council requested a conceptual landscape plan for the replanting of the Seminary Avenue median strips prior to approving the removal of the declining Deodora Cedars. Pursuant to that request staff contacted Mr. Tom Fracchia of Creative Designs to prepare the plan. The plan is based primarily upon the recommendation of staff that substantial consideration be given to a Iow maintenance, drought resistant design with emphasis on consistency with the Civic Center landscape. It is staff's intention to reshade the area as rapidly as possible while providing seasonal color within the limitations of available maintenance dollars and water conservation. As a result Mr. Fracchia has submitted a plan which dots the medians with Chinese Pistache trees, which are well placed along School Street and the Plaza, and colorful shrubs at ground level. ,~ RECOMMENDED ACTION' Approve replanting program for Seminary Avenue. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine replanting program requires revision and approve as revised. 2. Determine approval of replanting program is inappropriate at this time and do not approve. Citizen Advised: N/A Requested by: N/A Prepared by: Larry W. DeKnoblough, Community Services Director Coordinated with' Candace Horsley, City Manager Attachments: 1. Conceptual Landscape Plan 2. Excerpts from Sunset Garden Book LD2 Candace Horsley, City ~~,a~ager SEMINRY3.ASR The shrubs consist of Lavender located just behind the hardscape nose of the median, Cistus Salvifolia and Purpureus (Rockrose), Peruvian Verbena, and Escalonia disbursed throughout the remainder of the medians. All the shrubs included in the plan have long lasting spring and summer blooms and are limited in height to three to four feet. The Pistache trees offer rapid growth and seasonal fall color with a proven track record in the downtown. Staff has attached excerpts from the Sunset Garden Book which provides detailed descriptions of each plant species and its characteristics. As the Council is aware from previous discussions regarding the condition of the Deodora Cedars on Seminary, staff is concerned that the trees are in irreversible decline based upon evaluations by Arborist, John Phillips. This decline is of significant concern due to the liability the trees now represent as well as the visual blight. Staff believes this is appropriate time to remove the trees and recommends initiation of the replanting which would replace the shading previously provided while creating an attractive colorful parkway as the entrance to the Civic Center. iVidc .. ium wilt. tree, or )n. Trees soil. No CUt OUt ~ deepl?: ) China. ¢ yellow :')ending spread- ~o 50 '~. 's quite inv, fra- : fruits. ~atherv it than p. 435 .,.,:u:d, needs no water once established. Good tub plant indoors or out. in 7.i:,. ,)r stntde, for cfimbing up or tumbling down: for trellis, wMl, or Mlside. (:. caoensis. See Rhoicissus capensis ~' discolor. Indoor and greeni~ouse plant. Climbing, 5ut ,.,::in,4 pots. Leaves 4-6 in. !on~. oval. toothed, with showy pink and ,v'.' !tI:LI'iQHES: tnaroon on lower surt'ace. Leaves resembie those of rex . ,. ,:: :~ color and texture. 5~)ec!es needs ,,varmdl, semlshade, humidity. ~c ,ratter. d. aypogiauca. Zones 13-24. N'ative to .kustralia. Rapid groxvth :1. in one se~on. Eventu~v chmbs to 30-50 ~. Leaves highly poUshed, 3ivided into five roundish, leathern' le~lets 3 in. long; foliage strong in tea- :ire with bronx' color tones..Xew grmuh covered with mst-colored ~zz. <e ~n same way :ks C antarctica. Makes good bank cover in sun or light ,::de: ,.viH control erosi{m. 5;eeds Uttle or no waten C. incisa (C. tfitbiiolam). Zones 12, 13. Hardy deciduous vine with sm:~. :~ost succulent, kT-shaped leaves, 1-2 in. wide. Very frost growing. deed ou trellis or rough w:dl or scrmnbHng over roc~..Needs no irriga- tion, but looks cool and woodsx: C. quadmngula (C quad~gul~s). Indoor and greenhouse plant. Succulent vine. usu:~y grown ~n han~ng b~kets. Gener~v le~ess, with tleshy, jointed, thick, four-~ed or winged stems that cBmb or tr~l sev- er~ ket. Occasion~ leaves ov~ or three-lobed, 2 in. long. Odd rather th~ pretB; C quadmngula is e~v to grow with waten good light, good drmnage. C. rhombitblia. G~PE BY Zones 13, 15, 16. 21-24 (needs :~-vear warmth). Native to South .~enca. To 20 ~. Beauti~l ~rk green fofihge. Leaves divided into diamond-shaped leatlets 1-4 in. long, with sha~- toothed edges: show bronze overtones because of reddish hmrs on veins beneath. Widely used indoors. Outdoors, it grows to good size ~d c~ be trmned on tre~s, pergola, or d~vood br~ches. Grows in sun or f~rlv deep shade, tolerating Iow hght intensiw indoors. In the ground it needk some waten -the va~ew '5tandm~a' is more uptight ~d compact than the species, with largen more subst~tM le~lets. 'Ellen Danica' h~ le~ets sh~owtv lobed Hke tm oak le~': it grows more compactly th~ grape i ~d h~ darker green, less lustrous leaves. C stfiam. Zones 13-24. Native to South ,~e~ca. To 20 ~mamre Vir~ma creepen with sm~, leathery leaves ~vided into three to five l~lem, each 1-3 in. long. Stems red~sh. ~'se ~ ground or w~ cover, to make long trace~es agmnst plain surhces or to spill over w~. Sun or shade: needs some water. Use~l and beautiM. ¢. voinieriana. See Tetr~ti~a voiniefi~a Cistaceae. Members of the rockrose family grown in the West are ever- green shrubs vdth/lowers that look something like sin~e roses--sin',all in Heiianthemum mtmmularium, large in Cisttts. Individual flowers are short lived but appear over a long season. CISTUS ~. ZONES 7-9, 12-24; BORDERLINE IN ZONES 4-6 '"',,..:..~. ~ :e~ Fu,__2~ su_2 C ~ LI'I-FLE OR NO WATER ONCE ESTABLISHED "N~'ative to Mediterranean region. Hardy to IS°E '- ! Producers of shrew spnng flowers, rockroses :u'e suu loving, fast growing~ tolerator of andiw. pooh dry soft and ',~ ;a,~c coiu (~ccan winds, ~:Ut spray, or desert heat. Roc~oses should have we~-dr~ned soil ff they ~e to be watered. To keep plum vigorous ~d nmt, cut out a few old stems from ~me to time. ~p-pinch young plants to ~cken gro~h, or We a ~ght over- aH sheafing to new gro~h. to loxxer soi[ levels. I. ,I- ";lf .~t . - ,'lll/)?illlil~/l'I'lllil 1. '~' *~ ' :'OkltiS, ()l' ill SLIIIlIV 'X'd]ti .Li'JLL5. ~'::C', t':'.l! ::::]'JC? :'!':)>1~ C. aibidus. '.a iil FE-'~ '"::D ::0::C:'6~. :L : :::::, ~u'ry gray leaves and 2-in. :lowers of bmzi:t pu~iisi~ piuk wifll repeat bloom in C. corbariensis. See C. hvbndus C. crispus. To 5 ik. tail.: ~. wide with ~rrv. wax:-ed?d gray-green i . ~ . ~ - :ea',es, :ynvte-oink. , :lox~er:. 'Santa Cruz' is simit:u'. :~';~,.,~ :t !on,er bloom 5eaSOll. C. 'Doris Hibberson'. Compact, :o 3 ~. ti~ and :ks wide. Gray-green fohage. Leaves 1-2 in. loug. ovid. Clenr ¢ink. 3-in.-wide flowers wi{h crin- ged silkq peMs in June. JulF Flowers bl~nd with other flower colom better than do blooms of commonly grown C. flu~ureus. C. hybhdus (C. corb~ensis). ~'~ITE ROCi~OSE. Spreading growth to 2-5 ~. high and almost as wide. Leaves to 2 in. long, gray green, c~n~v: fragrant on wa~: days. Flowers 172 in. across, white with yellow centers, in late spring. Widely grown. C. incanus (C. villosus). Bushy plant 3-5 ~. ~ and equ~v wide. Ovid l-3-in.-long leaves densely covered with down. Flowers p:t~lish pink. 2- 2 ~,'2 in. across, in bte sp~ng ~d early summer. C. i. creticus creticust is similar, but xmh wa~?-edged leaves. C. ladani&r (C. la~ikrus maculams). C~MSON-SPOT ROCK- ROSE. Compact. to 3-5 ~. ~gh, wi~ equ~ spread. Leaves to ~ in. long, dark green above, lighter green beneath, fmgr~t. White. 3-in.-wide flow- ers x~sth dark c~mson spot at b~e of each pet~, June-Jul): There is unspotted white form, ':Ubiflo~s'. Plato fo~ertv ~own ~ G palbinhae is now C 1. [at¢blius. a lower-grox~ng ~ 2-~.) plant xvith larger (3-4-in.1 pure white flowers. 'Blanche' (2 ~.) ~d 'Fr~k Birch' (6-8 ~.), both with very large (4-in.), pure w~te tlowers, are considered hvbhds be~veen this species ~d its vamm C. laurifolius. Stiff, erect grmuh to 5 ~., with 3-in. dark green leaves with p~e undersides. White flowers 2-aVz in. wide in long-st~ked clus- ters of three or more. C. 'Peom,~j Stamens'. To ~ ~.. with gray-green leaves ~d pink flowers. Heaw bloomer. C. pu~ureus. ORCHID ROC~OSE. Compact grower to 4 ~. t~ and wide, o~en shorter ~d wider where consmt oce~ winds keep pl~ low. Leaves 1-2'in. long, dark green above, gray ~d hmrv beneath. Red- dish pu~le, 3-m.-wide tlowers with red s~ot at base'of each petal, June-July. Very fine where cool win~ ~d s~: sprav ~t choice of pl~ts. C. s~viifolius. SAGE~ ROC~OSE. Wide-s~rea~ng shrub to 2 high ~d 6 ~. across. Leaves ~ght gray ~een, about 1 in. long, mn~v, veined, crisp loo~ng. Flowers 1Vz in. x~Sde, white with veHow spo~ at b~e of pet,s, ve~ pro~se in late sp~ng. Good b~k or ~o~nd cover for rough sima~ons. Usu~v sold ~ C villosus 'Prostratus'. C. skanbergii. Low. broad bush 3 ~. t~ and 8 ~. x~de. Gray-green leaves; pure pink, fin. flowers in great re'off:sion in late C. 'Sunset'. Dense. spreading grox~:h to 2 ~. ~1, 6-8 a. wide. Leaves are gray green, flowers dark magenta pink. Long bloom period. C. Wictor Reiter'. Stiffly erect plato to 3-4 ~., with ora, o k,reen leaves ~d hot pink, p~e-centered flowe~ 2-2 :,'z in. across. C. villosus. See C. incanus C. villosus 'Prostratus'. See C. s~xSifohus C. 'Warlev Rose'. Grows 1 fl. tall, 4 h. ',vide, with dark green leaves and purpiisi: pink flowers. p. 23'2 FOR INFORM.VI'ION i)~ YOtR CLI.',IAI'E ZO~,E PLEASE SEE P~GE~ 229. Laurus-Lavender blue, starlike flowers, slightly broader than the leaves, spangle plantings in late spring, summer, with a scauering at other times. Can take light foot traffic. Plant pieces 6-12 in. apart for cover within a year. Feed lightly LA,URUS nobilis SWEET BAY, GRECIAN LAUREL Lauraceae EVERGREEN SHRUB OR TREE ~ ZONES 5-9, 12-24 :~.j. :0 FULL SUN OR PARTIAL SHADE ~; LITTLE WATER ONCE ESTABLISHED Slov growth to 12-40 ft. Natural habit is corn- , pact, broad-based~often that of a multi- taurusnobilis stemmed, gradually tapering cone. Leaves are leathery, aromatic, oval, 2-4 in. long, dark green: traditional bay leaf of cookers: Clusters of small vellow flowers are followed by ½-1-in.-long, black or dark purple berries. Not fussy about soil but needs good drainage. Spray for black scale and laurel psylM. Tends to sucker hea~dx: Dense habit makes it a good large background shrub, screen, or small tree. Takes well to clipping into formal shapes--globes, cones, topian.' shapes, standards, or hedges. A classic formal container plant. 'Saratoga' has broader leaves and a more treelike habit, and is resistant to p~'llid. LAURUSTINUS. See VIBURNUM tinus p. 519 LAVANDULA LAVENDER Lamiaceae (Labiatae) EVERGREEN SHRUBS OR SUBSHRUBS ~, ZONES VARY BY SPECIES :~: FULL SUN ~-'- L I~ '-~A~E R 3, ' afire to Medi~e~ean re~ion. Prized for fra- ~'X gram lavender or pu~l~ flowers used for pe~me, sachets. Grayish or ~rav-green aromatic foH~e. Pl~t as hedg(or edfing,'m herb gardens, or in borders xdth plum nbe~ng similJ~ condi- tions~cistus, heli~themum, nepeta, rosema%; Mvandulaangust{/olia s~tohna, verbena. Need loose, fast-droning soil. H~e or no fertilizer. Prone immedimely ~er bloom to keep pl~ts compact ~d neat. For sachets, cut flower clus- ters or strip flowers from stems just as color shows; dry in coo!, shady place. interest in low-water-use pl~c~ has made the lavenders immensely pop- ular. Becanse thex have been in cultivation for centuries and tend to inter- breed, many varieties and hybrids have a:~sen, and names are di~cuh to son out. These nantes may not agree xnth those vou see on nursery labels. '~vender ~dy' grows qnicMy from seed, bloo~ng ~e first year. Plants are dwarf (15 in.). wi~ gray-green leaves ~d deep pu~le flowers. L. angustifolia {L. o~cin~is. L. spica. L. vera). ENGLISH LA~N- DEIL Zones ,-2~. 51os~ v,'idd,:' pkmted Ci:cssic lavender used for perfume and saci~ets. % 3-4 ~,. high ~Id xvide. Leaves gra~c smoofi~ on margins, narrow, to 2 in. long. Flowers laYender. ~: m. long, on 1 V2 - 2-ft.-long spikes in July and Augusz. Dwarf varienes: 'Comnacta' ('Compacm Nana'), to 8 in. ~, 12-15 in. wide: 'Hidcote'. slow groxnng to 1 ~. ~, u~th veu' gray foliage ~d deep pu~le flowers; 'Jem~ Dads', 1-2 ~. ~. with p~e pink flowers; 'Munst~d', most pop~ dwi, 1½ fl. ~, wi~ deep lavender blue flowers a mon~ ~rHer ~ ~e specie; '~ckel ~le', 2- 3 ~. Ngh, ~fi pu~le flowers in f~Hke cluste~ on ex~-long spikes. AUracfive to bees. L. dentata. FRENCH LAVENDER. Zones 8, 9, 12-24. To 3 ft. tail. Grav- green, narrow leaves, 1-1 ~/2 in. long, with square-toothed edges. Lavender purple flowers in short spikelike clusters, each topped with tuft of petal- like bracts. In mild-winter areas, blooms almost continnallx: dense, gra.vish white down on young ioliage. L. inlerrnedia. Zones ~-2q. Hybrids benveen L. a,gusfifolia and t. latifolia. Plants listed here may also be sold as L. a~&gust(£dia. 'Grosso' has thick spikes of deep purple flowers. 'Provence' is an especially aro- matic selection. 'Fred Boutin' is a dense grower to 18 in., with wooly white 3-in. leaves. Flower stems are 1 ½ ft. tall. L. lanam. Zones 8, 9, 12-24. Grows to 3 ft., with leaves 2 in. long, ½ in. wide. White woolly stems and leaves. Flower spikes are deep purple, 1-4 in. long. L. latifolia. SPII, Z lAVENDER. Zones 4-2/4. Much like English laven- der in appearance, but with broader leaves and frequently branched flower stalks. L. pinnata buchii, L. canariensis, L. multifida. Zones 16-2a. Three ve~' similar lavenders with deeply cut, almost fernlike leaves and tall flower stalks branching near the top, each branch carryin.' g a short spike of deep purple flowers. They are nearly everblooming and are fine container subjects where frosts are frequent or severe. L. stoechas. SP~"4ISH L¥,'E,\'DER. Zones 4-2a,. StockT plant 1½ -3 ft. tall, with narrow gray leaves ½-1 in. long. Flowers dark purple, about % in. long, in dense, short spikes, each topped with raft of large, purple, petal-like bracts. Blooms in early summer. 'Otto Quast' has especially sho'%' purple bracts. TREE MALLOW ANNUALS OR EVERGREEN SHRUBS ~. ZONES VARY BY SPECIES :~.: FULL SUN ~ ~ LITTLE TO REGULAR WATER Malvaceae L avatera is named after the Lavater family of Zurich, but for many the word means "easy to Lavatera grow." The flowers resemble sin~e hollyhocks, assurgent(/k, ra L. assurgentiflora. Everereen shrub. Zones 14-24. Native to Channel Islands but naturalized on California coastal mainland. Erect shrub to 12 ft., or treelike. Maplelike leaves 3-5 in. long, lobed and toothed. Rosy lavender, white-striped, 2-3-in.-wide flowers bloom almost throughout the year, heaviest from April to August. Resist~ wind, salt spray. Use as fast- growing windbreak hedge. Will reach 5-10 ft. and bloom first vear from seed. Shear to keep dense. L. maritima (L. bicolor). Evergreen shrub. Zones 8, 9, lq-2q. Quick-growing to 6-8 ft.. with ~ay-green 2 ½-in. mapMike leaves and a summer-long show of light pink 2-3-in. flowers with dark rose vetoing and a deep purple center. Open grower: cut back hard to keep it compact. L. thuringiaca. Evergreen shrub. Zones 8, 9. 1.~-2q. Resembles Z. nmrilima, but growth is less open. leaves greener. Flowers are purplisii pink, 3 in. across, nearly everblooming. The varien' 'Barnsley' has hghter pink flowers paling to white centers. 'Rosea' has pink flowers. L. trimestris. ANNUAL bL-kLLOXX'..~nual. All zones. To height of 3-6 ft. from spring-sown seed. Leaves roundish, angled on upper part of plant. toothed. Flowers satinx, to -~ ir.. across: named varieties in wlfite, pmk. rosy carmine. July-Septembe:' bioom if spent flowers are removed to h:tlt seed prodt, cuon. Thin seeings to aflow ample room to spread. Colorful, fast-growing summer hedge or background planting. Compact (2-3-E. ~ varieties include 'Mont Rose'. rose pink; 'Mont Blanc', white: and 'Silver Cup', bright pink. LAVENDER. See LAVANDULA p. 349 349 tn',' ,cason Pr()tect f)'mn ;vlnt. i. }i\'e '3,1I~,[er >;hci[Ul' lit Zf)llcs 13, lo-22. MULLEIN Scm ohulariaceae SlENNIALS, PERENNIALS ~ ALL ZONES :Ct FULL SUN ; NEED LI~LE WATER; BE~ER WITH SOME m ta[ely, summer-blooming plants. Broad leaves ~ closely set on stems. Sh~ow-dished flowers in straight spikes. A large group, some weed,,: Self- Ferbascum bomkrciJbrum SOW freelv. Start biennial sorts from seed in '.\retie Summer' spring; sow in place or in containers (transplant to ground when 2 in. hi~). g tbapsus, common mullein, is attractive roadside weed. ¥. blattaria. MOTH ML'LLEIN. Biennial. Low clumps of smooth, dark green, cut or toothed leaves. Flower spikes 1F2-2 ½ ft. high with pale yel- low or white blooms, purple stamens. Flowers open with morning light. V. bombycfferum 'Arctic Summer'. Biennial. Foot-hi~ rosettes of fum.', gray-green, oval leaves. Powdery white stems to 6 ft. or more bear yellow 1½-in. flowers. ¥. cha/xii. Leaves less conspicuously furry than the preceding, to 12 in. long. Flowering spikes erect, narrox~: often branched, to 3 fl. tall. 'Album'. most widely grown varie~; has wMte flowers with bluish center. V. dumulosum. Perennial. Dwarf. to 1 ft., with velvety white leaves and spikes of yellow, purple-eyed flov,-ers in midsummer. A hybrid, 'Letitia', has a long summer bloom season. ¥. olympicum. Perennial. Stems to 5 ft. hi~. Large white leaves, 2 ft. or more long, with soft, downv hairs. Bright yelloxv. 1-in. flowers clustered in many tong spikes. ¥. phoeniceum. PURPLE MULLEIN. Perennial. Stems 2-4 ft. high. Leaves smooth on top, hairy on underside. Purple flowers in slender spikes half the height of plant or more. The Co,void Hybrids are similar to the species and come in shades of pink, white, purple, and cream. VERBENA Verbenaceae ~ ZONES VARY BY SPECIES .. ~ ~ WATER NEEDS VARY BY SPECIES ~hey n~ed heat to thrive. _L ground cover: growth is first. These snecies adjust effectively to planting wet foliage. V. bipinnati6~. Perenni~..~ zones. Native from western Great Plans to Me, co. Grows 8-15 in. ~. Finely divided leaves; blue flowers ~ sum- men Sprea~ by seg-sowing in most cHmates. Needs little water. ~. bon~ensis. Perenni~. Zones 8-24. gry, br~ching stems ca~ may spiMs of pu~le flowers to 3-6 t. Leaves ~e mostly b~. Hat's . :. h'. '"2:: . ::',~C:L':~:,,~ ..... Z',Z. i{:,:]i.~ .,. ',,: ::-,. ,.: '::',:::::,.. ill ~OllU.'-; g--_' 4 d,'-[l;.l.!l; '.Ii'O\\ il ,k'-; 2iIIIU2J. },]all~,-IWi'.llCilcd t)lall[s o-12 ii1. hiui~ and -preadin'., 1].: ' :: ',)blond. 2-q-in.-ion<., ~eaxes are bri,zht green ~)t' ',I'F33,' ~1'{?(?I1. with xx>d:ud :il:ti'SillS. Floxterb ill fiat. 'J()nlI'):.IC[ clusters. 2 3 ~n.. 'v,d,e qoi~rs 'nch~de white rank. 'm,.5:t red, nm';fie, blue ttnd ,/()l*.::',::tJ :11 ,:Ild 'lifo;vii:tlc I(~ :1..* 117' -llp('!';or <tl'2.1115. ,Ki!()Wtlft]~ ':[i'llli£:::~'. ,lc'if|) :'()Se plllK. ii,.:nt frosts. Less chance of mii,Jew if you water deeoiv and no~ too often. If :~sed :ts 'oerennizd prune severeh-in winter or e:trlv spnng. 6(md ground cover in Zones 12.13, if Bermuda grass can be kept out of it. E peruviana (V. chamaedrffolia). Perennial. often grown :ts annual. Zones 8-24. Spreads rap~dl.v, forn~s very fiat mat. (Planted 2 ft. apart, can make solid cover in a season.) Leaves are neat. sm'ill, closely set. Flat- topped tlower clusters on slender stems lavishly cover foliage. In original form, corolla tube is xvhite, spreading lobes rich scarlet. Hvbrids spread so~newhat more slowl.~; have slightly larger leaves and stouter stems, and are avaiktble in several colors: 'Starfire' (red); 'Appleblossom'. 'Cherry Pink'. 'Princess Gloria', 'Little Pinkie', 'Raspberry Rose', 'St. Paul' (pinl~ and rose tones); many purpiish varieties: and a fine pure white. Especially popular in Southern California and the desert. Modest water. ¥. pulchella gracilior. MOSS VERBENA. Perennial. Zones 8-24. Finely cut leaves: rose violet to pink flowers. A form that is widely sold as F. tenuisecta has white flowers. Little water. ¥. rigida {~: venosa). Perennial. All zones. Spreading plants that can be 10-20 in. tall. Leaves rough, dark green, 2-4 in. long, strongly toothed. Lilac to purple-blue flowers in cylindrical clusters on tall, stiff stems summer and fall. Use~l in tow-maintenance gardens. Can be grown as annual: blooms in ~i months from seed. Needs little water. ¥. tenera maonettii. Creeping perennial. Zones 8-2i. Leaves cut to midrib and lobes cut again. Flat clusters of pink flowers with distinct white margins. Average water. VERBENA. LEMON. See ALOYSIA triphylla p. 148 Verbenaceae. The immense verbena family contains annuals, perennials, shrubs, and a few trees and vines. Leaves are usually opposite or in whorls, flowers in spikes or spikeiike clusters. Fruit mav be berries or nutlets. C[erodendrum. l, antana, Verbena. and Vitex are examples. VERONICA SPEEDWELL Scro!~hulariaceae PERENNIALS ~,, ALL ZONES .. :O: FULL SUN ,} MOST NEED REGULAR WATER ._'~ andsome plants ranging from 4 in. to 2 th ft. in height. Small flowers (¼-72 in. ;tcross) l~mnicaprostrata are ~nassed to di?iav effectively the white, rose. pink, pale or deep blue C:>it)L ['$(~ ~i1 t:l!illIV :~ol'tiers :tl]d :'r)d4 '~:u't!e:ls. Prcstrxte. m:tt-formin~ planm sold a Dronica, see Hebe. V. ~ndis holophylla. M~y stems to 2 ff. high are densely cloaed with dark green, $ossy leaves. Long s~M of rich deep blue flowe~ show above foliage. V. h~bN~. These include a number of ~dsummer-blooming, upset bushy perenni~s from 10 to 18 in. hi~. Choice vineries: 'Barcarole', to 517 Erythronium-Escallonia E. crista-galli. COCKSPUR CORAL TREE. Deciduous shrub or tree. Zones 7-9, 12-17, 19-24. Native to rainy sections of Brazil. Unusual plant with habit all its own. In frost-/¥ee areas, becomes many-stemmed, rough-barked tree to 15-20 ff. high and :ts wide. In colder climates, dies to ground in ,.vinter but comes back in s~ring like perenni',d tcut back (lead ~roxx~h). First )lox',;' ers iorm after leaves come in spring--at each branch tip a big, loose, spiketike cluster of velvety, birdlike blossoms in warm pink to wine re~i (plants vary). Depending on environment there can be :ts manv as three distinct floxvenng peri- ods, spnng through fall. Cut back old flower stems Eo'tbrimt crtxta-Talli (sometimes 'almost evergreen). Zones 12, 1'3, 20-24. Native to South M~,'ica. May grow to 30 ft. but begins to wear its britt orange-red flowers when oniy 3 ft. high. Blooms continuously from late August to late November. carrying flox{,ers in long-stalked clusters at branch erids well above foliage (unlike manv other b'pes). Dark green leaves. E. h. 'Raja' is shrubbier and has leaflets with long, pointed "tails." E. lysistemon. Deciduous tree. Zones 13, 21-2q~. Native to South Africa. Similar to E. caffra in size but slower growing. Li~t orange (some- times shrimp-colored) flowers. Time of bloom varies greatly; may bloom intermittently from and dead branch ends ;ffter each wave of bloom. Leaves 6 in. long, leaflets 2-3 in. long. E. falcata. Nearly evergreen tree. Zones 19-2~. Native to Brazil and Peru. Grows upright to 30-40 ft. high. Must be in ground several years before it flowers (may take 10-12 years). Rich deen red (occasionally orange-red), sickle-shaped flowers in hanging, spikeli~e clusters at brancfi ends in late winter, early spring. Some leaves fall at flowenng time. E. humeana. NAT~LL CORAl, TREE. Normally deciduous shrub or tree October to May, occasionally in summer. Many Eo'thrinahumeana handsome black thorns. A magnificent tree of great landscape value. Very. sensitive to wet soil. Sometimes erroneously sold 'as E. princeps. E. sykesii. Deciduous tree. Zones lt)-2~}. Hybrid from Australia. Grows 24-30 ft.; spreading habit. Showy red fl'owers before leaves, January-March. Unlike preceding species, ~toes not form pods. ERYrHRONIUM CORMsLilioceao ~, ZONES 1-7, 15-17 :~ I} PARTIAL OR FULL SHADE ;~ ~ SUMMER WATER FOR GROWING PLANTS 7~,]'ost are native to West Snrin~-bloomino a. t .-,t dainty, nodding, lily-shaped flowers I-1Vz !n. across, on stems usually I ft. high or less. All have two (rarely three) broad, tongue-shaped, ~ basal leaves, mottled in many species. Plant in Ert'throniura groups under trees, in rock gardens, beside pools tu'olurnner~e or streams. Set out corms in fall, 2-3 in. deep, ~,-5 in. apart, in rich, porous soil: plant corms as soon as vou receive them. and don't let them dr;' out. E. califi)rnic:mL F.\\',;Tf LILY. [.ua;es mottled ,,xi[I~ br:,.vn. !:lowers E. dens-canis. DOG-TOOTH VIOLET. European species with purple or rose flowers 1 in. long; stems 6 in. high. Leaves mottled with reddish brown. Needs more sun than others. Specialists can supply named varieties in white, pink, rose, and violet. E. hendersonii. Flowers deeply curled back light to deep lavender, deep maroon at extra-vigorous seJcctions. ESCALLONIA oax~rragacese [VERG~,EE?,I 8HRU3S ,. ZONES 4-9, 14-17, 20-24 ::~: :5) SUN NEAR COAST, PART SHADE INLAND ~ -$ TAKE ARIDITY; BE'FI'ER WITH REGULAR WATER 7~,.Tative to South America. princip~v Chile. ±~ Wind hardy; clean looMng, with 7.,loss~: leaves. Clusters of flowers in summer and fall'(nearly year-round in mild climates). Mav freeze badly at 10-15°E but recover quickly. Will take direct £scailonia n~bra coastal conditions and coastal winds. Tolerant of most soils but damaged by high alk'Ainitv. Prune taller ones bv removing one-third of old wood each .,,'ear, cutting to the base; or shape into multitrunked trees. Prune after flowers fade. Tip-pinch sm'filer kinds to keep them compact. Can be sheared as hedges, but this may sacrifice some bloom. Fast growing; good screen plants; attractive to bees. Foliage of some exudes resinous fragrance. E. 'Apple Blossom'. See E. lan~eyensis E. 'Balfouri'. See E. exoniensis E. bifida (E. montevidensis). WHITE ESCALLONIA. Tall, broad shrub to 8-10 ft., useful as big screening plant or multitrunked small tree to 25 ft. Leaves dark green, ~ossy, 3-4 in. tong. White flowers in large, rounded clusters at branch ends, late summer, fall. Manv plants sold under this name are E. illinita, a smaller plant to 10 ft. tall {vith smaller flower clus- ters :md pronounced resinous odor. E. 'C. F. Ball'. See E. rubra E. 'Compakta'. To 3 ft. high. Rose red flowers. E. exoniensis. Name ,given to hybrids between E. rosea and E. ntbra. Best selections are 'Balfouri', graceful plant to 10 ft. with drooping branch- lets. narrow clusters of white, pink-tinted flowers; and 'Frades' (E. 'Frade- siil), compact growth to 5-0 ft. (lower with pinching). Trades' resembles E. laevis, but has smaller, glossy green leaves and prolific show of clear pink to rose flowers nearly year-round. Good as espalier. E. 'Fradesii'. See E. exoniensis E. 'Ingramii'. See E. rubra macrantha E. 'Jubilee'. Compact 6-ft. shrub, densely leafy right to ground. Clus- tered pinkish to rose flowers bloom at intervals all'year. Foliage inferior to that orE..exoniensis. Set 4 ft. apart for informal he'dge or screen. E. lac'vis (E. organensis). PINK 'ESCALLONL-L LeafT, dense-growing shrub to 12-15 ft. Leaves bronzy green. Pink to red buds open into white to pink flowers in short, broad' Elusters. Early summer bloom. Use like E. btfick~. Leaves burn in beach plantings and ih high heat of interior. E. langleyensis. Name given to hvbrids between E. rubra and E. vir- gata. Best-known selection is 'Apple iMossom', a dense-growing shrub to 5 ft., sprawling unless pinched back. PinMsh white flowers open from pink buds. Blooms all summer with pealcs in ' ,a,e spring, early f:dt. E. montevidensis. See E. bilida t: .x;ew.~ort 9'v:,.rf'. l~c:)'..vs 2~'. red iiowers o~'er a loug seasou. ' E. organensis. See E. laevis E. 'Pride of Donard'. Dense, rounded shrub wider than tall. Many stems end in clusters of rose pink flowers (plant blooms almost all year)'. Dark green, glossy leaves. 280 ITEM NO. 9e DATE: JUNE 16, 1999 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF CONSULTING SERVICES CONTRACT WITH INTEGRATED TECHNOLOGY PARTNERS FOR THE CITYWlDE HARDWARE/TECHNOLOGY NEEDS ASSESSMENT AND PLAN AND CORRESPONDING BUDGET AMENDMENT Staff is requesting City Council award of a consulting services contract costing more than $10,000 and a FY 98/99 Budget amendment in the amount of $15,200 for the Citywide Hardware/Technology Needs Assessment and Plan. As approved by the City Council at its February 17,1999 meeting, staff prepared and published a Request for Quotations (RFQ) for a Citywide Hardware/Technology Needs Assessment and Plan. RFQ's were sent to over 50 consulting firms located in Ukiah, Santa Rosa, Petaluma, Marin, San Francisco, San Jose, and Sacramento. No formal bids were received. Upon direction from the City Manager, staff contacted numerous consultants who were sent the RFQ to determine the reason for the lack of response. Several consultants responded that the scope of work was beyond their capabilities, others were too busy to respond, and a small group stated interest but felt the RFQ was too vague and further information was required in order to respond. (continued on page 2) RECOMMENDED ACTION: 1. Award consulting service contract to Integrated Technology Partners (ITP) for Citywide Hardware/Technology Needs Assessment and Plan and authorize City Manager to execute agreement. 2. Approve amendment to the 1998/99 budget increasing account #100.1965.250.000 by $15,200 for Citywide Hardware/Technology Needs Assessment and Plan. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine another firm is more appropriate to complete project and approve contract with desired firm. 2. Reject all proposals and provide direction to staff. Citizen Advised: N/A Requested by: Paulette Klingbeil, MIS Coordinator and Gordon Elton, Director of Finance Prepared by: Paulette Klingbeil, MIS Coordinator and Gordon Elton, Director of Finance Coordinated with: Candace Horsley, City Manager Attachments: 1. Proposal received from Integrated Technology Partners (ITP) 2. Proposal received from Eclipse Information Systems Consulting & Solutions 3. Proposal received from Romac Emerging Technologies Candac~Horsl(~y, Git er RECEIVE REPORT AND REQUEST TO AWARD A CONSULTING SERVICES PROPOSAL FOR THE CI'I'YWIDE HARDWARE/TECHNOLOGY NEEDS ASSESSMENT AND PLAN AND CORRESPONDING FY 98/99 BUDGET AMENDMENT IN THE AMOUNT OF $15,200.00. JUNE 16, 1999 PAGE 2 The small group of consultants was then given the opportunity to meet with the MIS Coordinator and Director of Finance to more fully discuss the scope of work and to submit proposals for consideration. Proposals (copies attached), ranging in cost from $15,200 to $41,000, were received from Integrated Technology Partners, Eclipse Information Systems Consulting & Solutions, and Romac Emerging Technologies. After careful review, reference checking, and analysis of the proposals by the MIS Coordinator and Director of Finance it was determined that Integrated Technology Partners (ITP) best met the requirements for the Citywide Hardware/Technology Needs Assessment and Plan. The services to be performed by ITP are explained on pages 6 and 7 of its attached proposal. ITP presented the least cost of the three proposals, and has excellent references and extensive experience in this type of analysis. Staff requests Council award of a consulting services contract for the Citywide Hardware/Technology Needs Assessment and Plan to Integrated Technology Partners (ITP) for the amount of $15,200. Staff additionally requests approval for a FY 98/99 budget amendment to account 100.1965.250.000 in the amount of $15,200. 1455 Oliver Rd., Suite 210 Fairfield, CA 94533 707.429.0580 707.429.0596 fax Lucent Technologies June 9, 1999 Paulette M. Klingbeil, IT Coordinator City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Subject: Citywide Hardware/Technology Needs Assessment and Plan Proposal Hello Paulette, Thank you for the opportunity to provide you with the following proposal. Based on the Request for Quotations, Citywide Hardware/Technology Needs Assessment and Plan, and our subsequent discussions, we have prepared this proposal. We are prepared to propose the entire scope of the work for needs assessment, analyze of systems and to make recommendations for a citywide hardware/technology plan. To aid in your evaluation for candidacy, I have organized my response in a format that depicts major areas as well as follow your format in the Request for Quotations. In order to supply quality and value to the City of Ukiah, I have assembled a team to handle the many aspects of this project. This team is comprised of specialist from different backgrounds and fields. This approach is one that brings to the accountability of a General Contractor (Integrated Technology Partners) to the City of Ukiah while offering the advantages of doing business with multiple subcontractors with the lower rate structure in Northern California. Each subcontractor brings his or her own expertise to this project and all areas of the City of Ukiah can be thoroughly evaluated by this team. We have a very strong team and can offer technical expertise and value to the City of Ukiah far beyond any competitor. I look forward to the award of this contract and I look forward in working to expand and improve the City of Ukiah's computer, telephone, and information systems infrastructure. Sincerely, Bryan Morgan Integrated Technology Partners 1455 Oliver Rd., Suite 210 Fairfield, CA 94533 707.429.0580 707.429.0596 fax Lucent Technologies ,0 Proposal Contents · Business profile and personal Profile of President. · List of client references, (5). · Description of the proposed services, divided into categories. · Cost Summary. · Payment schedule. · Proposed schedule. 1455 Oliver Rd., Suite 210 Fairfield, CA 94533 707.429.0580 707.429.0596 fax Lucent Technologies ~Busi~r PRIMARY CONTRACTOR (Bryan Morgan, President, Integrated Technology Partners) BUSINESS PROFILE Integrated Technology Partners (ITP) is a Califomia Cooperation in business since 1998. ITP was formed from three different successful companies; Califomia Networks, Sales, Sales, Sales and PC Dimensions to answer the growing need to offer single vendor consulting services in Telecommunications, Telecom Systems, Data Hardware, Data Communications, and Database systems. LOCATION 1455 Oliver Rd., Suite 210 Fairfield, CA 94533 TELEPHONE Phone: 707.429.0580 Fax: 707.429.0596 E-MAIL Morganb@itpcom.net EXPERIENCE Bryan Morgan, the President of Integrated Technology Partners, has 13 years of experience in the computer industry. Bryan has always been a student of the computer technology field. Every since he was appointed Noncommissioned Officer in charge of the Small Computer Department of the 86th Supply Squadron, he has always found ways to use the computer to aid in day to day business and logistical activities. His eight year stay in the Air Force and in this department, allowed him to see and experience every evolution of the computer system. He has seen computers move from full sized rooms to shirt pockets. He was directly involved in the installation of the Mapper system used in Desert Storm to network all supply squadrons in the Saudi region and has personally programmed and installed the first Unix system in the 86th Supply Squadron. 1455 Oliver Rd., Suite 210 Fairfield, CA 94533 707.429.0580 707.429.0596 fax Lucent Technologies As President of Integrated Technology Partners, Bryan has design and worked on many networks ranging from 2 computers to 1000 inter-networked computer systems. Bryan and Integrated Technology Partners are responsible for the designing and implementing of local and wide-area networks for Federal, State, and Local govemments, Non-Profit organizations, and general businesses. As a consultant, Bryan utilizes technologies in Cable, Frame Relay, Fiber Optics, Wireless, and Radio connection mediums. Bryan is in the research stage of Computer Technology Integration and expects to become an expert in this field. Bryan earned a Bachelor of Science degree in Computer Science from the University of Maryland University College, Germany and has lower level degrees in Accounting, Business Management, and Logistics from the United States Air Force. Bryan also holds a Private pilot license. He is efficient in Visual Basic, C++, Cobal, Fortran, Pascal, HTML, and Java programming languages, Database Management Systems and is an expert of UNIX, Novell, Windows NT, Windows 95/98, Windows 3.1, Windows 3.11, DOS, and OS2 1455 Oliver Rd., Suite 210 Fairfield, CA 94533 707.429.0580 707.429.0596 fax Lucent Technologies References: (References are comprised of customers of Integrated Technology Partners whom have or are having services performed similar to the City of Ukiah's request) Department of Developmental Services John Moise P. O. Box 944202 Sacramento, CA 94244-2020 (916) 645-3349 (916) 654-3352 fax The Private Industry Council, Solano County Robert Bloom or Kitt Lee 320 Campus Lane Suisun, CA 94585 (707) 864-3370 (707) 864-3386 Association of Regional Center Agencies Robert Baldo or Irene Grego 915 L Street, Suite 1050 Sacramento, CA 95814 (916) 446-7961 (916) 446-6912 fax Far Western Anthropological Research Group Laurie Hildebrant or Pat Mickelson 1615 5th Street Davis, CA 95616 (530) 756-3941 (530) 756-0811 Entrenet Group, LLC Eugene McCord or Adele Taylor 1304 Southpoint Blvd., Suite 220 Petaluma, CA 94954 (707) 781-2500 (707) 781-25 ! 1 fax 1455 Oliver Rd., Suite 210 Fairfield, CA 94533 707.429.0580 707.429.0596 fax Lucent Technologies Scope of Work Discovery: Integrated Technology Partners will coordinate with the City of Ukiah's IT Coordinator to get all background information regarding existing City computer equipment, networking capabilities, operating system information, and detail regarding software applications currently in use. The collection of data will also include meeting each department to identify their needs. Research: Integrated Technology Partners will research different software, hardware, equipment, and technology to determine if the City of Ukiah can use them and in what capacity. Written Plan: Integrated Technology Partners will develop a written plan that would discuss the purpose and benefits as well as the hardware necessary for each department to fulfill their technology needs. This plan may consist of sub plans that will focus on particular areas of the City requiring different approaches not conforming to the overall City's structure. Overall Plan: Integrated Technology Partners will prepare a plan that will encompass the entire City of Ukiah's information systems, telecommunications systems, and data communication systems. This plan will consist of diagrams depicting existing systems and diagrams showing newly expansion areas needing attention. Covered in this plan will be the ability to stage the overall project into logical breakdowns for budgetary and technology concerns. Request for Quotations: Integrated Technology Partners will assist in providing a detailed list of all hardware and software necessary to implementing the overall plan. This plan will also have a purpose and benefit statement for all hardware and software listed. Environment: Integrated Technology Partners will provide the City of Ukiah all information regarding environmental concerns as requested. 1455 Oliver Rd., Suite 210 Fairfield, CA 94533 707.429.0580 707.429.0596 fax Lucent Technologies Support: Integrated Technology will provide a report detailing the required level of support in maintaining the Overall Plan and it's infrastructure to ensure a 24X7 operation. · Training: Integrated Technology Partners will provide a report detailing the required level of training in order to implement, use and support the proposed overall plan. 1455 Oliver Rd., Suite 210 Fairfield, CA 94533 707.429.0580 707.429.0596 fax Lucent Technologies Cost Summary For: City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Date: 09/09/99 Quote: ITP03612 AS400 LAN/WAN Telecommunications Special Systems General Discovery, Research, Needs Assessment, Technology/Overall/Support/Training Plan preparation, and Consultation of the AS400 System and all components including workstations, terminals, servers, backup systems, sot~are and support systems. Discovery, Research, Needs Assessment, Technology/Overall/Support/Training Plan preparation, and Consultation of the Local and Wide Area Network including workstations, terminals, servers, backup systems, software, routers, and termination equipment. Discovery, Research, Needs Assessment, Technology/Overall/Support/Training Plan preparation, and Consultation of the Telecommunication systems, including all equipment, voice mail, IVR systems and telecom lines. Discovery, Research, Needs Assessment, Technology/Overall/Support/Training Plan preparation, and Consultation of Special Systems regarding Fire/Emergency/Police requirements not covered in the above categories. Final preparation of the Technology/Overall/Support/Training plans. Diagram preparation, presentation preparation and General Consultation 95.00 95.00 95.00 95.00 95.00 $4,750.00 $4,750.00 $1,900.00 $1,900.00 $1,900.00 Total Total $15,200.00 $15,200.00 Note: Quantities are in proposed hours 1455 Oliver Rd., Suite 210 Fairfield, CA 94533 707.429.0580 707.429.0596 fax Lucent Technologies Payment Schedule Invoices will be submitted on the 15th and the 1 st of each month. Attached to the invoice will be a budget breakdown showing total budget amount, current invoice amount, then total remaining on contract. Also attached is a detailed report showing date work performed, description of work performed, and hours performed. Proposed Schedule and Milestones July 1, 1999 July 1, 1999 July 20, 1999 Aug 15, 1999 Aug 25, 1999 Sep 1, 1999 Sep 15, 1999 Sep 30, 1999 Contract Starts Discovery Starts. Discovery Completed for AS400, LAN, WAN, and Telecommunications. Requirements described. Research Completed for AS400 and LAN. Plan written and submitted. Hardware list completed. Research Completed for WAN and Telecommunications. Plan written and submitted. Hardware list completed. Special Projects. Fire/Emergency/Police research completed. Plan written and submitted. Hardware list completed. Overall Plan completed, Requirements written, diagrams completed, Hardware list completed, presentations completed. Project completed. Bryan Morgan 707.429.0580 ex 12 707.429.0596 fax APPROVED BY: DATE: TITLE: Proposal ~or IT Strategic Analysis Presented by: ROMAC E f,~l E R ,~l N ~ TE C HI'4OLO,G~tE S June 1 O, 1999 TABLE OF CONTENTS TABLE OF CONTENTS ................................................................................................ 2 Executive Summary ......................................................................................................... 3 Scope of Work ................................................................................................................. 3 Investment Summary ....................................................................................................... 4 References ........................................................................................................................ Why Roma¢ Emerging Technologies .............................................................................. 6 Roma¢ Emerging Technologies Overview ...................................................................... 6 ROMAC PROPRIETARY AND CONFIDENTIAL -2- 06/10/99 Executive Summary The City of Ukiah currently has a peer to peer network that is not effectively meeting City business needs. Due to the rapid changes in technology in the marketplace, as well as upcoming decisions for application support of the City's business, the City is pursuing an IT Strategic Analysis. Decisions about IT infrastructure are difficult if not made in conjunction with understanding the business processes which the infrastructure must support. A decision which is based on partial information, such as current applications without understanding potential future changes, can be costly to adapt at a later time. High performance and reduced recurring cost must be balanced to provide the optimum solution. An understanding of current applications supporting City business is needed to identify a baseline for the network. Furore state of City business should also be considered. Variables which should be incorporated include: · Efficiencies in business processes which can be achieved via network improvement · Growing needs of the Utility business and changes which deregulation brings to City business · Customer support of Ukiah's citizens - how can the City serve the public to provide better support and also to reduce costs through efficiencies · Internet capabilities - would it be advantageous for vendors and citizens to interact with the City via the Intemet, and are there cost savings to be achieved · Planning for 24 hour operation, redundancy, disaster planning An IT Strategic Plan, which is the deliverable of this first phase, will help the City to prioritize and phase subsequent work to fit with budget constraints. Dividing the project into manageable portions may also facilitate the utilization of local vendors where appropriate. Roll-out of project components needs to fit with business cycles. As an example, the City may want to avoid roll-out near fiscal year end. Dependencies must also be identified to ensure that phased project components are completed in a logical sequential order. An IT Strategic Plan will also help to clarify return on investment. Cost justification information can be developed to support each phase of the planned project. This information is best understood by matching business needs to infrastructure in the planning phase. Scope of Work Romac will spend approximately three weeks on this IT Strategic Analysis engagement. Approximately two weeks will be conducted on-site at the City of Ukiah offices interviewing personnel, reviewing existing infrastructure, and understanding current and future business needs. Approximately one week will be spent at Romac documenting the findings and preparing the deliverable. ROMAC PROPRIETARY AND CONFIDENTIAL -3- 06/10/99 Managers and personnel from the following departments will be interviewed · Planning · Engineering · Public Utilities · Community Services · Airport · Administration/Finance · Public Safety (to facilitate communication with the existing Public Safety network, and to include Public Safety in the Intemet strategy for the rest of the City infrastructure) · City Manager and/or Redevelopment Agency (future business state) A project implementation plan will emerge from a firm understanding of existing systems and future business needs. Some variables cannot currently be defined. An example is the billing system for Public Utilities. Although the next generation of this system has not yet been identified, it is important to plan flexibly to accommodate a separate project of this magnitude which may impact network requirements. The AS400 may not continue to be supported by IBM, and the network will need flexibility for growth to accommodate the AS400 upgrade or its replacement. The future change for the AS400 is a potential risk factor. Expertise in AS400 and other technology that will support the future Utilities billing system should be available for consultation in this analysis, even though that hardware has not yet been determined. Romac has other practices, such as AS400, application development, and ERP, that are available to work with our lead consultant on the City of Ukiah project. Romac also has the expertise to help the City of Ukiah with the future needs analysis for the Public Utilities billing system, when that project is undertaken. Romac is interested in becoming a long-term partner with the City of Ukiah. Areas of network technology which will be covered in this analysis include: · Determine the appropriate WAN medium (Frame Relay, Point to Point, ISDN) · Design TCP/IP infrastructure · Select enterprise network operating system · Physical inventory of existing equipment · Decision about handling of remote locations · Create phased project approach with flexibility to match implementation to budget availability Investment Summary The IT Strategic Analysis engagement will be completed in 120 billable hours. The Romac consultant that will manage the engagement will have technical network expertise, significant business experience, and project management experience. Other Romac consultants may assist the senior consultant via telephone or on-site with supplemental skillsets in strategic consulting, application knowledge, and public sector expertise as needed. ROMAC PROPRIETARY AND CONFIDENTIAL -4- 06/10/99 The deliverable will be a document including: * Overview of current infrastructure · High level view of current and future business needs · Intemet recommendations · Infrastructure recommendations · Operating system recommendations · Inventory of existing equipment · Remote location strategy · Disaster recovery plan · Phased implementation project plan The cost for this engagement is 120 hours ~ $150/hr for a total of $18,000. Travel and other expenses will be billed separately and will be included on the monthly invoice to the client. Romac will invoice the City of Ukiah on a monthly basis. Our invoices are due and payable upon receipt and a 11/2 % late charge will be assessed on invoice balances unpaid after thirty (30) days. Based on acceptance of this proposal, Romac is prepared to commence work. If any changes in project scope or schedule are required, they will be addressed in accordance with change control procedures and brought to your attention for approval. Should the City of Ukiah or Romac decide to terminate this agreement at any time, the only responsibility will be for fees incurred through that date. References References will be furnished in a separate document. ROMAC PROPRIETARY AND CONFIDENTIAL -5- 06/10/99 Why Romac Emerging Technologies There are three types of people that can solve business problems: permanent, contractor, and consultants. Different skillsets are needed as a project progresses through its life cycle. High level design may be needed at the beginning of a project, while on-going maintenance may require a lower level technical skillset. Romac is the only company that can offer all four types of people, and provide a seamless transition working with one partner. Romac is the only company that fields completely experienced project teams. We believe that experience is essential at all levels of the project team. Our consultants have an average of seven years of experience, and will not "train on the job." Romac professionals are empowered to solve problems. Our culture fosters high energy, results driven action. Romac excels at rapid deployment. We roll up our sleeves to get the work done, while integrating quality oversight with our management team. Our management is actively engaged in the success of each project and in all aspects of our business. Romac's managers have experience in nmning profitable businesses. Our consulting success is enriched by real business experience. Our knowledge of best practices comes from the cumulative knowledge of our managers' business experience. Romac partners with client teams to leverage knowledge transfer. We work side-by- side with our customers to provide a solution that customers can maintain. Knowledge is shared throughout the consulting engagement to work toward a meaningful transition to customer management at the conclusion of the project. Romac has quality Alliance Partners. We are a PeopleSofi Global Alliance Partner, an Oracle Service Provider, and an IBM/Lotus Notes Business Partner. Romac's resource engine offers a deep talent pool. Our status as one of the top specialty recruiting firms in the U.S. helps us to attract experienced, talented consultants. Romac Emerging Technologies Overview Founded in April 1995, Romac Emerging Technologies (ET) specializes in providing project-based business solutions that support strategic corporate business initiatives through information technology solutions. ET operates based on two missions that are World Class centric: coordinating services such as technical consulting, resource staffing, and quality training in environments where high demand technology-based solutions and clients meet; and hiring and retaining the best professionals in selected high demand ROMAC PROPRIETARY AND CONFIDENTIAL -6- 06/10/99 technologies to provide consulting services for our clients. ET employs over 350 Best in Class salaried staff consultants that provide comprehensive business solutions in a co- development, co-management partnership approach serving start-up through large size companies. Romac partners primarily with Fortune 500 and Fortune 1000 companies. Current growth plans in 1999 call for an additional 200 consultants and a total of 750 consultants on staff by the Year 2000. The Emerging Technologies group is comprised of eight technology-based practices: Strategic Consulting Services, Networking, Oracle, Lotus Notes, E-Commerce, PeopleSofi, BaaN, and GroupWare. In addition, we have three industry-focused practices: telecommunications, financial services, and manufacturing. All practices are comprised of professionals that represent the highest caliber of professionalism and experience in those respective disciplines. The three dimensions of Emerging Technologies are illustrated below. Technologies The eight technology based practices of ET were created from Romac monitoring business activity, reviewing and analyzing technologies, and determining the alignment of the two for positioning organizations with operational excellence, product superiority, and customer intimacy. Each practice is discussed in more detail below. The Strategic Consulting Services Practice provides the highest quality consultative services to our customer. Whether your company is a long-standing Romac customer seeking to upgrade your applications, or a new client in need of Package Evaluation and ROMAC PROPRIETARY AND CONFIDENTIAL -7- 06/10/99 Selection, Requirements Analysis, Process Improvement or methodology assistance, we have the resources to help. The SCS Practice is the strategic division of Romac's Emerging Technologies that integrates across all other practices. As a Services Global Alliance Partner, the PeopleSoft Practice offers both implementing and focused technical consulting services. These areas include functional and technical analysis, design, programming, development, upgrades, and technical infrastructure reengineering and enhancements. The Practice is also a Certified End- User Training Partner positioned to provide education services on-site or in Romac ET's Technology Center. Skill-sets include project managers, business analysts, and developers across the Human Resource Management Systems (HRMS), Financials, Distribution, and Manufacturing applications. Additional consulting services are centered on project and change management, three-tiered client/server, database optimizations, software version upgrades, and education services. As a Services Global Alliance Partner with PeopleSoft, Romac is positioned to service clients needing project support in the following areas: · Financial Applications · Human Resource and Payroll Applications · Manufacturing/Distribution Applications · Web Development and Deployment · Software Integration- PeopleSoft and Third Party Software · Application Development · Workflow · Software Version Upgrades · Implementation Services · OLAP Product Development, Implementation, Integration and Support · Data Warehousing Solutions · Decision Support Solutions · Executive Support Solutions · Project Planning and Management · Utilization of PeopleSoft Implementation Toolkit and Integration with Romac's Emergence Methodology · Requirements Assessment · Software Process and Database Performance Tuning · Educational Services - Functional Application, PeopleTools, Data Management and End User Training The Oracle Consulting Practice has two key focus areas: Oracle Database Administrators (DBAs) and Oracle Developer/Designer2000 resources. Services include database and systems architecture design, custom development delivery, consulting services, implementation, data warehousing, project management, and technical training for DBA's and developers. As a Business Alliance Partner with Oracle, Romac is positioned to service clients needing project support in the following areas: ROMAC PROPRIETARY AND CONFIDENTIAL -8- 06/10/99 · Oracle Integration and Upgrades · Web Enabling · Performance Tuning · Data Warehousing Solutions · Decision Support Systems · Executive Support Systems · OLAP Product Support · Implementation Services · Financial · Human Resource and Payroll · Manufacturing/Distribution · Educational Services · Application Training · Tool Training · Database Training The Networking and Pro.iect Management Practice within Emerging Technologies employs professionals that represent the highest caliber of professionalism and experience in these specialty fields. In addition to the impressive background of the selected consultants, the support of the entire ET group to call upon if a specialty situation arises is in place. Included in the Network Consulting Services is network audit/health check, risk management, help desk, migration services, server management, and engineering support services. The Lotus Notes Practice is a Lotus Premium Business Partner and an Authorized Education Center, providing training and consulting services. These services include project management, intranet/intemct development, application development, infrastructure design, systems administration, and specialty services such as sales force automation. The E-Commerce Practice distinguishes itself from the competition by providing software and consulting services beyond a simple hardware connection to the Intemet. Romac's E-Commerce specialist/consultants offer advice and expertise on all aspects of Internet commerce, from identifying business opportunities, to the deployment of a secure commercial transactional system, integrated with the client's existing back-office processes. E-Commerce consultants can also advise on the integration of network services, and the development of intranet and extranet communications. The E-Commerce Practice's service offerings include: · Intemet and E-Commerce Planning and Strategy Services · Internet Security and Infrastructure Design · E-Commerce Process Design and ERP Integration · Application Development and Implementation Services · Internet Education Services ROMAC PROPRIETARY AND CONFIDENTIAL -9- 06/10/99 The GroupWare Practice mission is to provide elite GroupWare professionals to maximize our clients investment in GroupWare technologies. This practice contains four primary service areas: consulting and project management, GroupWare application and web development, infrastructure planning and administration, and training and education. Capabilities include: · Database Development · Notes Integration and Upgrades · Web Enabling · Performance Tuning · Infrastructure Planning · Application Training · Tool Training · Database Training The BaaN Practice was recently created as a result of business activity centered on the manufacturing industries. This practice is in its infancy and primarily positioned for the East Coast at this time. Service Offerings Strategic Consulting Services (SCS) links an organization's IS strategy with its business strategy to obtain competitive and strategic advantage. The primary focus is application systems, requirements definition, technology infrastructure, and IS organization and management infrastructure (Intellectual Capital Management). The Strategic Consulting Services Practice is focused primarily on uncovering the key drivers of a business that must be met in order for a company to maintain a competitive edge in the marketplace. Our purpose is to aid organizations in the alignment of IT strategies to their corporate strategies in order to achieve this competitive advantage. Application Software Services include software selection, cost/benefit business case, full life-cycle project management, application specialties, HRMS, financials, distribution, manufacturing, product specialties, PeopleSoft, Oracle, and BaaN. Custom Development relates to project planning, feasibility studies, project estimating, technical and human resource needs assessment, evaluation and analysis of project performance, and systems development. The Consulting Services within custom development includes assessing user requirements, performing analysis and design, designing and implementing relational databases, and creating services or component- based Powerbuilder, Oracle, VB, and Web-based applications. Training and mentoring center on customized curriculums and on-site technical mentoring. The Romac ET Education Services group provides training planning, technical writing, course development, content delivery, and technical and end user training. The primary focus of education services is aligned with our technology based practices: PeopleSoft, BaaN, Oracle, Lotus Notes/Domino, and Microsoft NT. Romae ET is a PeopleSoft ROMAC PROPRIETARY AND CONFIDENTIAL -10- 06/10/99 Education Partner and Lotus Authorized Education Center. Our Network Services envelops enterprise network architecture in design (application, middleware, LAN, WAN, voice/call processing), development (multi-vendor integration, diagrams, specifications, documents, implementation plans), and implementation (distribution, install, configure, training, integration). These services are focused around Unix, NT, and Novel. Process Innovation deals with subject matter expertise with specific process-industry experience in the areas of Telecommunications, client care, billing, sales force automation, decision support, manufacturing, package software services (BaaN and PeopleSoft), supply chain process management, financial services, electronic commerce, business consulting, software development, and technology competitive analysis. ROMAC PROPRIETARY AND CONFIDENTIAL -11- 06/10/99 ECLIPSE Information Systems Consulting & Solutions Proposal to City Of Ukiah For IT Infrastructure Project Definition Statement of Work From Eclipse Solutions, Inc. CMAS 3-98-70-0507A Eclipse Solutions, Inc. · 400 Capitol Mall, Suite 900, Sacramento, California 95814 Phone: (916) 988-5011 · Email: Info~EclipseSolutions. com· Fax: (916) 988-0713 Introduction The City of Ukiah is in the process of modifying and enhancing its Information Technology (IT) infrastructure and applications. As the initial phase of this initiative, Eclipse Solutions, Inc. (Eclipse), proposes an IT Infrastructure Project Definition phase. The IT Infrastructure Project Definition phase will gather requirements, examine options, propose recommendations and develop a high level strategy and plan to move forward with the modification and enhancement of the IT infrastructure. This IT Infrastructure Project Definition phase will address the IT Infrastructure only, encompassing Desktop, Server and Local Area Network and WAN connectivity for the City of Ukiah. This proposal details the scope, schedule and terms and conditions for Eclipse to perform this IT Infrastructure Project Definition phase. Eclipse Solutions, Inc.. (Eclipse) has partnered extensively with the State of California and many California Counties to deliver extensive support to the counties in terms of systems and application architecture, PC / LAN infrastructure, desktop support, production systems planning and support and application development. Eclipse consultants are recognized as highly accomplished in design, implementation and support across a range of system platforms, including Windows NT, UNIX and AS/400. The experience gained from these support activities leaves Eclipse well positioned to provide the City of Ukiah with support to help the city achieve its goal of defining and implementing a citywide hardware/technology plan, and to put in place an IT infrastructure, which will support the City of Ukiah in providing high quality services to Ukiah residents and to other City departments and outside agencies. City of Ukiah - IT Infrastructure Project Definition SOW Eclipse Solutions, Inc.- 5/29/99 page 2 of 6 IT Infrastructure Proiect Definition The IT Infrastructure Project Definition phase will provide a platform from which the City of Ukiah can make informed decisions regarding the architecture of the modified and enhanced IT infrastructure, based upon a solid analysis of the existing environment and detailed user requirements. Eclipse will present to the City of Ukiah documented architectural options, and recommendations from those options, which will best enable the City of Ukiah to meet its IT infrastructure goals. The scope of this IT Infrastructure Project Definition will encompass into the following three subject areas: 1. Desktop technology, describing the technology options for the user workstation, 2. Server and Local Area Network (LAN) technology, describing departmental and inter-departmental technology options, 3. Wide Area Network (WAN) technology, options to support the connectivity to 8 remote City departments. Given the scope detailed above, the IT Infrastructure Project Definition phase will perform the following tasks: · An analysis of the existing IT Infrastructure · Gathering and definition of IT infrastructure requirements · Detail options and recommendations for IT Infrastructure · Develop High level strategy and plan for IT Infrastructure modification and enhancement IT Infrastructure Project Definition - Approach The above will be accomplished by conducting site audits, data collection and interviews across all city departments. The aim of this investigation will be to document the existing infrastructure, and to propose and document the new technology for the City of Ukiah. In particular the investigation will be concentrating upon the IT Infrastructure required to support and implement the following services: · Electronic mail and scheduling · Office productivity software (word processing, spreadsheet, etc.) · Information sharing - Files - Intranet - Shared CD services · Printing services City of Ukiah - IT Infi, astructure Project Definition SOW Eclipse Solutions, Inc.- 5/29/99 page 3 of 6 · Internet connectivity and requirements · Web hosting services · Mailroom technology requirements · Copier technology requirements · Other departmental applications Interviews will be preceded by a questionnaire will be developed and sent to users as identified by the City of Ukiah Project Coordinator. This questionnaire will allow some basic preparation by the project team prior to the site audits, data collection and interviews. Once the site audits, data collection and interviews are complete, the requirements gathered will be organized into a Requirements Definition document. This Requirements Definition will be passed to the City of Ukiah Project Coordinator who will verify the validity of these requirements, and prioritize them. Once this document has been verified and prioritized by the City of Ukiah Project Coordinator, options can be investigated, recommendations made and a high-level strategy and plan can be developed. IT Infrastructure Project Definition- Deliverables The deliverables from the IT Infrastructure Project Definition phase will be the following documentation. · Requirements Definition - The list of user requirements produced from the site audits, data collection and interviews. - The Requirements Definition will be presented to the City of Ukiah IT Coordinator as early as possible to be verified and prioritized. · IT Infrastructure Analysis - A detailed analysis of the existing IT infrastructure, including desktop technology, existing LAN services, and site analysis of the City of Ukiah main building and remote locations for WAN connectivity · Options and Recommendations - A list of options available to the City of Ukiah, and from those options a set of recommendations for the IT Infrastructure. · High-level Plan - A plan detailing the approach to implementing the IT Infrastructure recommendations, detailing future phases and deliverables, and where possible estimating effort and timescales. City of Ukiah - IT Infi'astructure Project Definition SOW Eclipse Solutions, Inc.- 5/29/99 page 4 of 6 IT Infrastructure Project Definition - Schedule and Resource Requirements To accomplish the tasks and deliverables detailed above, the effort will not exceed 20 working days for a project team of two Eclipse Consultants. Eclipse may assign more than one member to fulfill the role of a consultant category, dependent upon requirements uncovered, in order to ensure that all subject areas are covered, including any specialty skills that may be needed. The project team will consist of the following: Senior Technical Specialist Senior Network Architect · Investigate desktop and LAN architectural options and make recommendations · Define high-level implementation plan · Coordinate customer interviews · Gather WAN requirements · Produce WAN options and requirements document · Investigate WAN architectural options and make recommendations · Define high-level implementation plan City of Ukiah - IT Infi'astrucmre Project Definition SOW Eclipse Solutions, Inc.-5/29/99 page 5 of 6 Terms and Conditions This work will be performed on a time and materials basis. If the tasks are accomplished with less than the effort detailed, the total cost will be reduced accordingly. The City of Ukiah is expected to provide space for up to two Eclipse consultants to work, including desk, phone, computer terminal, and network connection to City of Ukiah computing facilities. It will be essential for the timely and cost effective completion of this needs assessment and planning phase, that the City of Ukiah make available those persons who have information about the implementation and documentation of current systems, and who can communicate the anticipated requirements with regard to the business needs around the proposed technology upgrade. The estimated costs will be as follows: Senior WAN Architect Senior Technical Specialist $135 $125 160 Total Cost $21,600 $2O,OO0 $41,600 This proposal is for time and materials services only. This estimate is based upon the scope and deliverables as detailed within this proposal. Any modification to that scope may effect the total costs. Eclipse will not exceed the total number of hours estimated unless requested by the City of Ukiah. Actual and reasonable travel, lodging and per diem expenses will be invoiced in addition to consulting costs. City of Ukiah - IT Inl~astructure Project Definition SOW Eclipse Solutions, Inc.- 5/29/99 page 6 of 6 ITEM NO. 10a DATE: June 16, 1999 AGENDA SUMMARY REPORT SUBJECT: REPORT ON CITY OF UKIAH LOW INCOME ENERGY ASSISTANCE PROGRAMS This report is presented in response to Council's request for information on The City of Ukiah's Low Income Assistance Programs. The Low Income Emergency Assistance Program helps households pay up to $300 annually of their electric bill and The Senior Citizen Discount Rate offers the first 50 KWH free of charge for those who qualify. History As of January 1998 all electric utilities within California were directed by Assembly Bill 1890 to set aside 2.85% of the electric revenues as the Public Benefits Charge. Based upon projected revenues, the fund is budgeted to total approximately $350,000 annually until January 2002. Municipal utilities are allowed to spend the Public Benefit Funds in four specific areas: 1) cost effective demand-side management programs; 2) research and development programs; 3) new investment in renewable energy resources and technologies; or 4) Iow income assistance for electric customers. The City of Ukiah chose to dedicate these funds to assisting Iow to moderate income households and seniors. In June, 1998 the City Council approved the programs and authorized staff to negotiate with Salvation Army for eligibility determination services. A contract with Salvation Army was approved in September, signed in October, and benefits were issued to the first customers in November, 1998. It was anticipated at that time that approximately $140,000 would be devoted annually to both programs until it could be determined if expansion of the current programs or development of others would be appropriate. (Continued on page 2) RECOMMENDED ACTION: Receive and File Report ALTERNATIVE COUNCIL POLICY OPTIONS: Modify Program Guidelines Citizen Advised: N/A Requested by: City Council Prepared by: Patsy Archibald, Customer Service Supervisor and Gordon Elton, Finance Director Coordinated with: Darryl Barnes, Director of Public Utilities and Candace Horsley, City Manager Attachments: 1. - Cit~ Ukiah Assistance Program Descriptions and Guidelines APPROVED: ~~ '~~/,.-. C~ce ~o'rsley, (~ity~Manager 1 PA: Iowinc2.agn When the City of Ukiah Energy Assistance Programs were designed to enhance local assistance already available to City residents, a number of improvements were made in an effort to increase the number of households served. Improvements to the temporary financial assistance program included: 1) benefits became available once each year rather than once every two years; 2) the maximum benefit was increased by 50% from $200 to $300 annually; and 3) exceptions were allowed to households living in subsidized housing. In addition, the Senior Discount Rate was created. The chart below illustrates the increased opportunities offered with the existence of the City's Programs compared to two other programs available in California. CITY OF UKIAH REACH HEAP Assistance Type Emergency Emergency Non-Emergency Availability Annual Every 2 Years Annual Maximum $300 $200 $237 - $287 Eligibility 150% FPG* 150% FPG* 60% State Median Senior Discount 50 Kwh free N/A N/A *FPG = Federal Poverty Guidelines In the first six months (Nov '98 - April '99) of the program, the City of Ukiah has helped over 229 households, four times as many as were helped in the entire calendar year of 1997 through the existing local Iow income assistance program in place at the time. From the start of the program we utilized $31,875 of the Public Benefits Charge providing emergency assistance to over 124 households, monthly discounts to over 105 senior citizens and administrative costs paid to Salvation Army to determine eligibility for both programs. Additional senior customers are being added to the program each month. Recently, Council directed staff to find ways to market these programs to reach a larger audience. In response, promotional activities are underway to increase awareness of these worthwhile programs to agencies already serving potential households needing this assistance. Applications and/or informational packets have been or will be distributed to Ukiah Senior Center, Mendocino Private Industry Council, Job Alliance, Employment Development Department, Social Services, Social Security, Ukiah Community Center, Community Care, Ford Street Project, North Coast Opportunities, Nuestra Casa, Project Sanctuary, Plowshares and Rural Communities Housing Development Corporation. Information about both programs has been translated into Spanish, will be included on the back of each utility bill and subsequent notices, along with the continued quarterly announcements through the utility billing and presented with the daily appraisals from Customer Service Representatives while making payment arrangements. With this type of outreach, staff is confident the number of households made aware of the assistance and senior participation will increase. Analysis The current income guidelines of the City of Ukiah programs were chosen to provide a benefit to a larger number of City residents. Benefits are available for City residents who have a monthly net income up to 150% of the Federal Poverty Guideline. These guidelines are revised annually by the U.S. Department of Health and Human Services. The City of 2 PA: Iowinc2.agn Ukiah implements the revised guidelines annually. For example, a single parent family with one child making $10.18 per hour would qualify for our program. The following chart lists the maximum hourly wage which may be earned and not exceed the poverty level guideline indicate. This hourly rate was used to compute a net income after federal income tax, state income tax and FICA/Medicare taxes to determine a net household income. This net household income was then compared to the Income Guidelines. Any additional household income would cause a variation from the listed wages. Eligibility for the City of Ukiah program is at an income level higher than the poverty level. 100% of Poverty City of Ukiah Level Eligibility Total Maximum Maximum Exemptions Hourly Rate (1) Hourly Rate (1) Sing~!e ..... 1 6.77 10.56 . Sing_l_e,~_pl_us_one depe_nda-n-~ i'-_ _.- ' 2 6.45 10.18 Single, plus two dependants 3 7.47 11.89 Sin_gle, plus three dependant_s .......... 4 ..... 8:92 14.26 . Married Couple 2 .._ 6.09 .... 9.73 Mar~i~d Couple, plus on-e ................ dependant ..... 3- 7.12 11.40 Marded couple, plus twO dependants 4 8.56 13.71 (1) Based on one wage earner working full-time (2,080 hours per year) with standard deductions. Poverty City Poverty City Level Guideline Level Guideline Number of Monthly Net Monthly Net Annual Net Annual Net people living in income of income of income of income of Household Household Household Household Household 1 Person $ 967 $ 1,450 $ 11,600 $ 17,400 2 Persons $ 967 $ 1,450 $ 11,600 $ 17,400 3 Persons $ 1,139 $ 1,708 $ 13,667 $ 20,500 4 Persons $ 1,367 $ 2,050 $ 16,400 $ 24,600 5Persons $ 1,594 $ 2,392 $ 19,133 $ 28,700 6Persons $ 1,822 $ 2,733 $ 21,867 $ 32,800 7 Persons $ 2,050 $ 3,075 $ 24,600 $ 36,900 8Persons $ 2,278 $ 3,417 $ 27,333 $ 41,000 9 Persons $ 2,506 $ 3,758 $ 30,067 $ 45,100 10 Persons $ 2,733 $ 4,100 $ 32,800 $ 49,200 Net income is determined by combining all sources of income and allowing for both state and federal income tax and FICA/Medicare taxes. 3 PA: Iowinc2.agn As noted earlier 105 households are taking advantage of the Senior Citizen Discount Program. An analysis of the May 1999 billing for all seniors on the program indicates that: The average electric bill The average kilowatt hours Percent of customers whose bill was less than average $32.64 266 62% to10% 10%-25% 26%-50% 51%-75% above75% Total % of accts 12.38% 44.7t3% 32.38% '10.48% 0% 100% Summary The programs are viable and reflect the significant commitment the City has toward assisting Iow and moderate income persons. The additional marketing activity underway will only increase the community participation. Staff is requesting Council's discussion and input on these programs and recommends that the results of the additional marketing activities be evaluated before additional expansion of the programs are undertaken. Staff will continue to review and report on the expected increased participation in these programs. 4 PA: Iowinc2.agn City of Ukiah Low Income Assistance Programs Guidelines (effective 1011198) The City of Ukiah Emergency Low Income Assistance Program and Low Income Senior Citizen Discount Rate are not entitlement programs. Assistance will be available only as long as there is funding and applicants are deemed eligible through the Salvation Army's R.E.A.C.H. office. The assistance for both programs applies to City of Ukiah residential electric charges only. The non-electric portion of your utility bill must be paid prior to receiving the Emergency Assistance benefit. EMERGENCY ASSISTANCE PROGRAM The following set of circumstances may be taken into consideration to allow for energy assistance as exceptions to the guidelines. . Applicant is unable to complete direct payment amortization to the City of Ukiah. It is possible and acceptable that a customer will contact TSA (The Salvation Army) prior to attempting payment arrangements with City of Ukiah Customer Service Department. , No alternative assistance is available a. Exception - If applicant has applied for HEAP but funds have not yet been promised to the City of Ukiah, The Salvation Army may assist in their normal manner and determine eligibility for the applicants' energy emergency. b. If applicant has applied and qualified for ECIP, funds would be forthcoming and City staff will hold the customer's account. TSA (The Salvation Army) shall delay deterrnination of eligibility for a 6 month period after application date of ECIP. , Apl)licant must provide acceptable evidence that household income is less than the current "Federal Poverty Income Guidelines". a. Applicant must provide verification of at least two (2) pay periods prior to the date of application. b. Proof of income includes but is not limited to: i. Pay Stub ii. Award Letter iii. Copy of Federal Tax Return c. Exception - If the total net income of the household normally exceeds the FPIG standard, but extenuating circumstances are present, TSA (The Salvation Army) may determine a household eligible for assistance upon verification of the following items including but not limited to' i. Temporary Loss of Employment/Income of Primary and/or Secondary . . . . . . ii. III. iv. V. Wage Earner Unexpected, uncovered Medical Expenses Unexpected Funeral Expenses Temporary Disability Unexpected water heater/refrigerator/heater or other major household repair or replacement is present Applicant must not be residing in subsidized housing HUD,RCHDC,CDC,FmHa). a. Exception - the applicant could qualify if: All other criteria are met and circumstances like temporary loss or delay of income is present. Immediate family emergency is present such as: i. ii. iii. (Section 8, Verification of responsibility of funeral expenses Verification of unexpected medical expenses not covered by insurance Unexpected repair of major household appliance or vehicle required for employment Applicant must possess insufficient cash assets No Exceptions to t/ds guideline is allowed An energy emergency, (applicant has received a delinquent or final notice with disconnection of power eminent and as a result of income and assets is unable to pay his/her electric bill in installments), must be present. a. Exceptions to this guideline include: i. Unexpected repair or replacement of water heater/refrigerator or heater that created an unusually high electric bill is present. This customer could qualify for assistance without being on a Delinquent or Final Notice. A plan to pay their future energy bills must be completed No Exceptions to this guideline is allowed Applicant must not have received assistance from the City of Ukiah Program within the twelve consecutive months prior to the date of application. No Exceptions to this guideline is allowed Household income and available assets must be insufficient to pay the electric charges after consideration of deductible expenses. a. Household income means all money (including instruments readily converted to money such as, but not limited to, stocks, bonds, stock options, certificates of deposit, whole life insurance policies) received or expected within the calendar year, and any other benefits available to meet living expenses. b. Assets means any tangible or intangible property readily convertible to cash and available to any household members. c. Deductible expenses means: i. Mandatory amounts withheld from wages or other payments ii. Shelter Costs City of Ukiah Low Income Assistance Programs (Cont'd) LOW INCOME SENIOR CITIZEN DISCOUNT RATE PROGRAM · , , Applicant must be 62 years or older. a. Identification is required such as: i. Drivers License ii. Birth Certificate iii. Medicare Card validating Birth Date No exceptions to this guideline Applicant must provide verification of annual income on a calendar year basis for all household members. a. Applicant must provide verification of annual income prior to the date of application. b. Proof of income includes but is not limited to' i. Pay Stub, if produced for one month amount will be multiplied by 12 to determine annual income. ii. Award Letter iii. Copy of Federal Tax Return No exceptions to lhis guideline The t__otal household income must meet the current Federal Poverty Income Guidelines. No exceptions to this guideline . o Utility services must be in the eligible senior citizen's name. No exceptions to this guideline Eligibility must be renewed each twelve month period No exceptions to this guideline reachcon.wpd:PA'98 SUBJECT: 10b ITEM NO. DATE: JUNE 16, 1999 AGENDA SUMMARY REPORT ADOPTION OF RESOLUTIONS APPROVING AGENCY- STATE MASTER AGREEMENT FOR STATE FUNDED PROJECTS AND PROGRAM SUPPLEMENTS FOR THE 1998 STIP AUGMENTATION PROJECTS On June 7, 1999, the City received written notification from the State Department of Transportation that the City's funding allocation requests have been approved effective May 17, 1999, for its two 1998 STIP Augmentation Projects. Upon receipt of the funding allocation approval, Notice Requesting Bids were prepared, mailed, and published. Bid openings for both projects have been set for July 14, 1999. The proposed projects are rehabilitation of local streets with a total estimated cost of $970,770. As noted in the funding allocation notice, the allocation is not a commitment on the part of the State to make reimbursements until an "Administering Agency - State Master Agreement", and a project specific "Program Supplement" are executed by the Agency and the State. Staff has been informed that the agreements are being prepared, and that they may be received prior to the Council meeting of June 16, 1999. Because time is critical, staff has agendized this matter prior to the actual receipt of the agreements. A sample Master Agreement between the Administering Agency and State has been attached for the City Council's advance review. The Project Specific Master Agreements and Program Supplements will be presented to the City Council at the Council meeting. RECOMMENDED ACTION: Adopt the Resolutions Approving the Administering Agency and State Master Agreement for State Funded Projects, and the Project Specific Program Supplements for the City's two 1998 STIP Augmentation Projects, and authorize the Mayor to execute the Master Agreement and Program Supplements. ALTERNATIVE COUNCIL POLICY OPTIONS: None. Citizen Advised: N/A Requested by: Prepared by: Coordinated with: Attachments: Rick H. Kennedy, Director of Public Works/City Engineer Rick H. Kennedy, Director of Public Works/City Engineer Candace Horsley, City Manager 1. Resolutions Approving Master Agreement and Supplements. 2. 3. Program Notice of Funding Allocation approval. Sample Administering Agency - State Master Agreement for State Funded Projects. Candace Hor'sley, ~it~Manager RHK:kk R:I~PW ASTIP.98 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING AND AUTHORIZING THE EXECUTION OF THE ADMINISTERING AGENCY - STATE MASTER AGREEMENT FOR STATE FUNDED PROJECTS WHEREAS, the City of Ukiah has received State funding allocation approval for two (2) 1998 STIP Augmentation Local Road Projects entitled "Local Road Rehabilitation Project, STIP Project No. RPL-5049(005)", and "Urban Collector Rehabilitation Project, S'I-IP Project No. RPL-5049(006)", from the Office of Local Programs of the California State Department of Transportation; and WHEREAS, an administering agency- State Master Agreement must be executed between the Agency and the State prior to the Agency receiving fur~ding reimbursement for construction costs related to said local road projects. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Ukiah approves the Administering Agency - State Master Agreement and it authorizes the Mayor to execute said master agreement. PASSED AND ADOPTED on this roll call vote: day, _, 1999, by the following AYES: NOES: ABSTAIN: ABSENT: ATTEST: Jim Mastin, Mayor Marie Ulvila, City Clerk Resolution No. Page 1 of 1 RESOLUTION NO. RESOLUI'ION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING AND AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NUMBERS ~ AND. TO THE MASTER AGREEMENT FOR STATE FUNDING BETWEEN THE CITY OF UKIAH (ADMINISTERING AGENCY) AND THE STATE DEPARTMENT OF TRANSPORTATION WHEREAS, the City of Ukiah has received State funding allocation approval for two (2) 1998 STIP Augmentation Local Road Projects entitled "Local Road Rehabilitation Project, sTIP Project No. RPL-5049(005)", and "Urban Collector Rehabilitation Project, STIP Project No. RPL-5049(006)", from the Office of Local Programs of the California State Department of Transportation; and. WHEREAS, the City Council has adopted Resolution No. approving the Master Agreement for State funding between the City of Ukiah and the State Department of Transportation, and authorizing the Mayor to execute said Master Agreement. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Ukiah approves Program Supplement Number and ~ to said Master Agreement, and it authorizes the Mayor to execute said program supplements. PASSED AND ADOPTED on this day, 999, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Jim Mastin, Mayor Marie Ulvila, City Clerk Resolution No. Page 1 of I STATE Q,.F CALIFORNIA. BUSINESSi TRANSPORTATION AND HOUSING AGENCY , .~21~ARTM£NT OF TRANSPORTATION GRAY DAVIS, Governor DESIGN AND LOCAL PROGRAMS 1120 N Street P. O. Box 942874, MS #1 Sacramento, CA 94274-0001 TDD (916) 654-4014 (916) 653-3760 Fax (916) 654-2409 May 24,1999 01 - MEN - 0- UKI RPL-5049(005) EA: 01 - 924505 PPNO: 01-4037R Request No 1 Mr. Rick Kennedy Director Of Public Works City Of Ukiah 300 Seminary Ave. Ukiah, Ca 95482 Dear Mr. Kennedy: Your letter dated April 26, 1999, requested a fund allocation from the Regional Improvement Program for the City of Ukiah digouts and AC Overlay project - various roads - 17 locations. This project is programmed in the 1998 State Transportation Improvement Program (STIP), as amended. On March 30,1999, the California Transportation Commission passed Resolution #G-99-09,. delegating responsibility to the Director of Transportation (State) the authority to allocate funds to STIP projects on city streets and county highways for storm damage or pavement rehabilitation. Pursuant to this delegation, the State hereby makes the following allocation, effective May 17, 1999. Delegated AIIoc. No. 1998/1999 - 32 Senate District No.: 1 Assembly District No.: 2 Environmental Studies & Permits (E&P) Plans, Specifications & Estimate (PS&E) Right of Way (RVV) Construction Total Amount Allocated 998 STIP Amount Fiscal Year programmed Proqrammed $599,000 1998/1999 FUND ALLOCATION Amount Previously This Allocated Request Total $599,000 $599,000 $599,000 $599,000 "We'll Find a Way" / Storm/Rehab Mr. Rick Kennedy May 24, 1999 Page 2 Federal/State Funds: Budget Act Item No. Federal Funds: $0 1998 2660-101-0890 State Funds: $0 1998 2660-101-0042 TOTAL $0 .Program Code 20.30.600.620 State-only Funds: $599,000 1998 2660-101-0042 20.30.600.620 TOT,~L $599,000 For State-only funding, see attached "Funding Allocation Checklist." Budg~L/C~ncurrence This allocation makes available $0 of federal funds and $599000 of State (or State-only) funds for a total of $599000. For This Allocation: Funds allocated for project E & P, are available for expenditure until: Not Applicable. Funds allocated for project PS & E are available for expenditure until: Not Applicable. Funds allocated for project RW are available for expenditure until: Not Applicable. Funds allocated for construction -- Agency has 12 months after the date of allocation to award a contract. After award of the contract, the Agency has up to 36 months to complete the construction or vehicle purchase contract. For projects receiving federal funds, a separate request for authorization to proceed is required prior to the start of reimbursable work. For State-only funded projects, the date of this allocation is considered the authorization to proceed and is contingent upon execution of a project specific program supplement. This allocation is not a commitment on the part of the State to make reimbursements until an Administering Agency - State Agreement and a project specific program supplement are executed between the Agency and the State. In addition, for projects receiving federal funds the execution of the Federal-aid Agreement (PR-2) by the State and the Federal Highway Administration is required before reimbursement can occur. Your attention is directed to the Local Assistance Procedures Manual, applicable CTC guidelines and Procedures for Administering Local Grant Projects in the STIP, for detailed instructions and information. Sincerely, ,- 'ef Of[ice of Local Programs Project Implementation "We'll Find a Way" Storm/Rehab Ltr -. Mr. Rick Kennedy .Ju¢~e 1, 1999 ATTACHMENT 1 This allocation reflects the combination of 17 rehabilitation projects. These projects were submitted by the City of Ukiah and are included in the 1998 STIP Augmentation, as adopted by the Commission during their March 1999 meetil~g. STATE OF CALIFORNIA · BUSINESS, TRANSPORTATION AND HOUSING AGENCY DEPARTMENT OF TRANSPORTATION GRAY DAVIS, Governor DESIGN AND LOCAL PROGRAMS 1120 N Street P. O. Box 942874, MS #1 Sacramento, CA 94274-0001 TDD (916) 654-4014 (916) 653-3760 Fax (916) 654-2409 May 24, 1999 Mr. Rick Kennedy Director Of Public Works City Of Ukiah 300 Seminary Ave. Ukiah, Ca 95482 01 - MEN - 0- UKI RPL-5049(006) EA: 01 - 924506 PPNO: 01-4054R Request No 1 Dear Mr. Kennedy: Your letter dated April 26, 1999, requested a fund allocation from the Regional Improvement Program for the City of Ukiah digouts and AC overlay project - two locations: Oak St from Henry to Mill, and Grove Ave from Live Oak to Bush. This project is programmed in the 1998 State Transportation Improvement Program (STIP), as amended. On March 30,1999, the California Transportation Commission passed Resolution #G-99-09, delegating responsibility to the Director of Transportation (State) the authority to allocate funds to STIP projects on city streets and county highways for storm damage or pavement rehabilitation. Pursuant to this delegation, the State hereby makes the following allocation, effective May 17, 1999. Delegated AIIoc. No. 1998/1999 - 31 Senate District No.: 1 Assembly District No.: 2 Environmental Studies & Permits (E&P) Plans, Specifications & Estimate (PS&E) Right of Way (RW) Construction Total Amount Allocated 1998 STIP Amount Fiscal Year _Programmed Programmed $381,000 1998/1999 FUND ALLOCATION Amount Previously This Allocated Request $381,000 $381,000 Total $381,000 $381,000 "We'll Find a Way" Storm/Rehab Ltr Mr. Rick Kennedy May 24, 1999 .Page 2 Federal/State Funds: Budget Act Item No. Federal Funds: $0 1998 2660-101-0890 State Funds: $0 1998 2660-101-0042 TOTAL $0 Program Code 20.30.600.620 State-only Funds: $381,000 1998 2660-101-0042 20.30.600.620 TOTAL $381,000 For State-only funding, see attached "Funding Allocation Checklist." Budg~C~ncurrence This allocation makes available $0 of federal funds and $381000 of State (or State-only) funds for a total of $381000. For This Allocation: Funds allocated for project E & P, are available for expenditure until: Not Applicable. Funds allocated for project PS & E are available for expenditure until: Not Applicable. Funds allocated for project RW are available for expenditure until: Not Applicable. Funds allocated for construction --Agency has 12 months after the date of allocation to award a contract. After award of the contract, the Agency has up to 36months to complete the construction or v~hicle purchase contract. For projects receiving federal funds, a separate request for authorization to proceed is required prior to the start of reimbursable work. For State-only funded projects, the date of this allocation is considered the authorization to proceed and is contingent upon execution of a project specific program supplement. ]'his allocation is not a commitment on the part of the State to make reimbursements until an Administering Agency - State Agreement and a project specific program supplement are executed between the Agency and the State. In addition, for projects receiving federal funds the execution of the Federal-aid Agreement (PR-2) by the State and the Federal Highway Administration is required before reimbursement can occur. Your attention is directed to the Local Assistance Procedures Manual, applicable CTC guidelines and Procedures for Administering Local Grant Projects in the STIP, for detailed instructions and information. Sincerely, HUGH'BRADY, Chief Of[ice of Local Programs Project Implementation "We'll Find a Way" Storm/Rehab Ltr Mr. Ri.,ck Kennedy June 1, 1999 ATTACHMENT 1 This allocation reflects the combination of two rehabilitation projects - Oak Street and Grove Avenue. These projects were submitted by the City of Ukiah and are included in the 1998 STIP Augmentatin, as adopted by the Commission during their March 1999 meeting. MASTER AGREEMENT Attachment VI ADMINISTERING AGENCY- STATE AGREEMENT FOR STATE FUNDED PROJECTS o2 District x~ Administering Agency Agreement No. T!!IS AGREEMENT, made effective this day of_ , 199__, is by and between AGENCY, a city, county, or other public entity, h-~reinafter referred to as "AD,MINISTERING AGENCY," and the State of California, acting by and through its Department of Transportation, hereinafter referred to as "STATE" WITNESSETH WHEREAS, the Legislature of the State of California has enacted legislation by which certain State funds are made available for use on local transportation facilities and ADMINISTERING AGENCY has applied to the California Transportation Commission (CTC) and/or STATE for funding from the State Transportation Improvement Program (STIP) or other progra~ns as defined in the Local Assistance Program Guidelines for use on those local transportation facilities as local administered PROJECT(s), hereinafter referred to as "PROJECT"; and WHEREAS, as provided by STATE policy, said PROJECT will not receive any federal funds; and W}IEREAS, STATE is required to enter into an AGREEMENT with ADMINISTERING AGENCY to delineate those certain obligations placed upon ADMINISTERING AGENCY relative to said State funding and the prosecution of said PROJECT by ADMINISTERING AGENCY. NOW,/IqEREFORE, the parties agree as follows: ARTICLE I- PROJECT ADMINISTRATION 1. This AGREEMENT shall have no force or effect with respect to anv programmed PROJECT unless and until a PROJECT-specific program supplement, adopting tt~e terms of this AGREEMENT, hereinafter referred to as "PROGRAM SUPPLEMENT," has been fully executed bv the parties. Pao_e 1 of 8 2. The Financial commitment of State funds will occur only following the execution of this AGREEMENT and the subsequent execution of each applicable PROJECT-specific PROGRAM SUPPLEMENT. 3. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of State thnds encumbered to the PROJECT described in the PROGRAM SUPPLEMENT, to comply with the terms of this AGREEMENT and all of the agreed-upon Special Covenants and Conditions attached to or made a part of the PROGRAM SUPPLEMENT, identifying and defining the nature of that specific PROJECT. 4. The PROGRAM SUPPLEMENT shall designate the ADMINISTERING AGENCY responsible for implementing the various phases of the PROJECT, the State funding program, and the matching funds to be provided by ADMINISTERING AGENCY and/or STATE. Adoption and execution of the PROGRAM SUPPLEMENT by ADMINISTERING AGENCY and STATE, incorporating the terms and conditions of this AGREEMENT into the PROGRAM SUPPLEMENT as though fully set 'forth therein, shall be sufficient to bind the ADMINISTERING AGENCY to these terms and conditions when performing the PROJECT. Unless otherwise expressly delegated in a resolution by the ADMINISTERING AGENCY'S governing body and concurred in by STATE, the PROGRAM SUPPLEMENT shall be managed by the ADMINISTERING AGENCY'S governing body. 5. PROJECT shall be acquired, designed, and constructed as Assistance. Program Guidelines, such other STATE procedures as PROGRAM SUPPLEMENT, and as is specified in this AGREEMENT. required in the Local are identified in the 6. Unless otherwise provided in the PROGRAM SUPPLEMENT, the ADMINISTERING AGENCY shall advertise, award, and administer the PROJECT construction contract or contracts. 7. The estimated cost and scope of PROJECT will be as described in the PROGRAM SUPPLEMENT and State funding participation is limited to the amounts established by STATE. A contract for an amount in excess of said approved estimate may be awarded and expenditures may exceed said estimate provided ADMINISTERING AGENCY provides the necessary additional funding or a PROJECT cost increase in State funding is first requested by ADMINISTERING AGENCY and is approved by STATE in the form of an amended PROGRAM SUPPLEMENT or a STATE approved encumbrance document adding or deleting PROJECT funds. 8. Subsequent to the inclusion of the PROJECT in a plan or program approved by STATE and the ADMINISTERING AGENCY entering into this AGREEMENT and the PROJECT specific PROGILAM SUPPLEMENT, the ADMINISTERING AGENCY may request and receive payment for eligible work as follows: (a) STATE will reimburse the STATE's share of eligible participating PROJECT costs monthly in arrears upon ADMINISTERING AGENCY'S submittal of signed acceptable monthly progress pay invoices (in duplicate) for expenditures actually made by ADMINISTERING AGENCY. (b) If PROJECT involves work on the STATE highway system, that PROJECT shall also be the subject of separate standard forms of STATE is'sued encroachment permits Page 2 of 8 '-~ 4 l'99 issued to ADMINISTERING AGENCY and any contractors and, where appropriate, an executed cooperative agreement between STATE and ADMINISTERING AGENCY to determine how PROJECT is to be acquired, designed, or constructed and io establish ownership and future maintenance obligations. (c) State funds will not participate in any portion of PROJECT work performed in advance of either the effective date of the executed PROGRAM SUPPLEMENT for said PROJECT or the effective date of this AGREEMENT. 9. The total of all ADMINISTERING AGENCY invoices (submitted monthly or quarterly in arrears) for reimbursement of participating PROJECT costs, including all required ADMINISTERING AGENCY matching funds, must not exceed the actual total allowable PROJECT costs, including, but not limited to, all completed preliminary engineering work, right of way acquisition, design and construction included within the PROJECT description contained in the PROGRAM SUPPLEMENT. 10. Invoices shall be submitted on ADMINISTERING AGENCY letterhead and shall reference this AGREEMENT number, PROJECT number, and progress billing number for the PROJECT, and shall be formatted and costs reported in accordance with the current version of Chapter 5, "Accounting/Invoices," of the Local Assistance Procedures Manual published by STATE. 11. STATE programmed amounts may be increased to cover PROJECT cost increases only if such funds are available, STATE concurs with that proposed increase, and STATE executes an amending PROGRAM SUPPLEMENT or a STATE approved encumbrance document encumbering those funds. 12. When additional State funds are not available, the ADMINISTERING AGENCY agrees that the payment of State funds will be limited to the amounts approved in the PROGRAM SUPPLEMENT, and agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY funds. 13. The legislature of the State of California and the Governor of the State of California, each within their respective jurisdictions, have prescribed certain employment practices with respect to contract and other work financed with State funds. ADMINISTERING AGENCY shall ensure that work performed under this AGREEMENT is done in conformance with the rules and regulations embodying such requirements where they are applicable. 14. ADMINISTERING AGENCY and its subcontractors shall establish and maintain an accounting system conforming to Generally Accepted Accounting Principles (GAAP) to support reimbursement payment vouchers or invoices which segregate and accumulate costs of PROJECT work elements and produce monthly reports which clearly identify reimbursable costs, matching costs, and other expenditures by ADMINISTERING AGENCY. 15. After completion of all work under this AGREE~MENT, and after all PROJECT costs are known, ADMINISTERING AGENCY shall contract for a financial audit of PROJECT costs if those costs are in excess of $300,000. This Audit, to be accomplished at the ADMINISTERING AGENCY'S expense, may be done on an individual PROJECT basis, or PROJECT may be included in the ADMINISTERING AGENCY'S annual Single Audit. If an individual audit of PROJECT is done, the auditor must prepare a Final Audit Report. If ADMINISTERING Page3 ors _.~,~ AGENCY chooses the Single Audit option, an audit report is required for the State funding share. This report should be prepared in accordance with the guidelines set forth in OMB Circular A- 133. Compliance testing performed for this audit should determine whether the ADMIN1STEIUNG AGENCY has a system that is adequate to accumulate and segregate reasonable, allowable and allocable costs to assure that: (a) Reimbursement claims submitted to STATE for the PROJECT are supported by payment vouchers and canceled checks. (b) Charges for the various categories of eligible PROJECT costs incurred by the ADMINISTERING AGENCY are fully supported and .recorded in the ADMINISTERING AGENCY'S accounting records in accordance with generally accepted accounting principles. (c) The ADMINISTERING AGENCY complied with CFR 49 Part 18, Uniform Administrative Requirements for State and Local Governments and OMB A-87, Cost Principles for State and Local Governments. Any instances of noncompliance or costs determined ineligible in accordance with these regulations but claimed for reimbursement should be identified and set forth in the auditor's report. 16. ADMINISTERING AGENCY and all subcontractors shall comply with the Uniform Administrative Requirements for State and Local Governments set forth in the Code of Federal Regulations, Title 49, Part 18. In addition, the ADMINISTERING AGENCY agrees to comply with the cost principles and procedures set forth in Office of Management and Budget Circular A- 87. The ADMINISTERING AGENCY agrees that a reference to either Office of Management and Budget Circular A-87 or the Code of Federal Regulations, Title 49, Chapter 1, Part 31, whichever is applicable and the code of Federal Regulations, Title 49, Part 18, will be included in any subcontracts entered into as a result of this AGREEMENT. 17. The "State Report of Expenditures" must be completed by ADMINISTERING AGENCY within one hundred eighty (180) days of PROJECT completion in the format described for State funded projects in Chapter 17, "Project Completion" of the Local Assistance Procedures Manual. The Final hwoice must be submitted with the "State Report of Expenditures. The Audit must be completed by the December 30th following the fiscal year of PROJECT completion. PROJECT completion is defined as when all work identified in the approved PROJECT Application and PROGRAM SUPPLEMENT has been completed and final costs are known. The report documents (State Report of Expenditures and Final Audit Report) will be sent to the appropriate STATE office. Failure to comply with these reporting requirements may result in the withholding of future allocations for other projects. 18. STATE reserves the right to conduct technical and financial audits if it is determined to be necessary. After any financial audit, ADMINISTERING AGENCY shall promptly refund any excess State funds erroneously reimbursed to ADMINISIERING AGENCY. 19. Should ADMINISTERING AGENCY fail to refund all moneys due STATE as provided hereunder or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT, then, within thirty (30) days of demand, or within such other period as may be agreed to in writing between the parties hereto, STATE, acting through the State Controller, the State Treasurer, the California Transportation Commission (CTC), or any other public agency-, mav withhold or demand a transfer of an amount equal to the PROJECT amount paid by Pa~ze 4 of 8 411/99 STATE from future apportionments or any other funds due ADMINISTERING AGENCY from the I-fighway Users Tax Fund or any other funds and/or may withhold approval of future ADMINISTERING AGENCY projects. 20. When PROJECT is not on the STATE highway system but includes work to be performed by a railroad, the contract for such work shall be prepared and administered by ADMINISTERING AGENCY or by STATE, as the parties may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an AGREEMENT with the railroad providing for future maintenance of protective devices or other facilities installed or constructed under that contract. ARTICLE II - ENGINEERING 1. "Project Development Costs" includes all preliminary work up to contract award for construction and directly related to the PROJECT, including, but not limited to, environmental studies, preliminary surveys and reports, laboratory work, soil investigation, preparation of plans, specifications and estimates, advertising for bids, awarding contract as well as Project Development Contract Administration and Right of Way staff support costs. 2. "Construction Engineering" eligible costs include actual inspection and supervision of construction work, construction staking, laboratory and field testing, preparation and processing of field reports, and records, estimates, final reports, and allowable expenses of employees/consultants engaged in such activities. 3. Unless the parties shall otherwise agree in writing, ADMINISTERING AGENCY'.S employees or its subcontractor engineering consultant shall be responsible for all PROJECT engineering work. When construction engineering is performed by STATE, charges by STATE invoiced to ADMINISTERING AGENCY shall include an assessment on direct labor costs in accordance with Section 8755.1 of the State Administrative Mamtal. The portion of such STATE charges not contractually absorbed by STATE shall be paid from PROJECT or other funds of ADMINISTERING AGENCY. 4. No reimbursable or matching costs incurred by ADMINISTERING AGENCY in the period prior to the effective date of this AGREEMENT or a later date specified in a PROGRAM SUPPLEMENT are allowable by STATE. ARTICLE III - RIGHT-OF-WAY 1. All related rights-of-way as are necessary for the construction of PROJECT shall be acquired by ADMINISTERING AGENCY, and no contract for construction of PROJECT or any portion thereof shall be advertised until those necessary rights-of-way have been secured. 2. The furnishing of rights-of-way as provided for herein includes, and is limited to, the following, unless the PROGRAM SUPPLEMENT provides otherwise: (a) expenditures to purchase all real property required for PROJECT free and clear of liens, conflicting easements, obstructions and encumbrances, after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY Page 5 of 8 4 "l/99 (b) the payment of damages to real property not actually taken but injuriously affected by the proposed improvement (c) the cost of relocating owners and occupants pursuant to Government Code Sections 7260-7277 (d) the cost of demolition and sales of all improvements on the right of way (e) the cost of all unavoidable utility relocation, protection or removal (0 the cOst of all necessary hazardous material and hazardous waste clean up for which ADMINISTERING AGENCY is not responsible and the actual generator cannot be identified or recovery made 3. Should ADMINISTERING AGENCY, in acquiring right-of-way for PROJECT, displace an individual, family, business, farm operation or nonprofit organization, the ADMINISTERING AGENCY shall provide relocation payments and services as required by California Government Code, Sections 7260-7277. 4. State funds will not participate in any PROJECT costs arising out of delays to construction or demolition contractor's orderly prosecution of the work because utilities have not been timely removed or relocated or due to the unavailability of rights-of-way. 5. If any protection, relocation or removal of utilities is required within STATE'S right-of- way, such work shall be performed in accordance with STATE policy and procedure. ADMINISTERING AGENCY shall require any utility company performing relocation work in the STATE'S right-of-way to obtain a STATE Encroachment Permit prior to the performmlce of said relocation work. Any relocated utilities shall be correctly located and identified on the PROJECT as-built plans. ARTICLE IV- MISCELLANEOUS PROVISIONS 1. The cost of security, protection, or maintenance performed by ADMINISTERING AGENCY or contractor forces during any temporary suspension of the work or at any other time may not be charged to the PROJECT. 2. Neither STATE nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority, or jurisdiction delegated to ADMINISTERING AGENCY under this AGREEMENT. It is also understood and agreed that, pursuant to Government Code Section 895.4, ADMINISTERING AGENCY shall fully defend, indemnify and hold STATE, its officers and employees harmless from any liability imposed for injury (as defined be Government Code Section 810.8) occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority, or jurisdiction delegated to ADMINISTERING AGENCY under this AGREEMENT. Page 6 of 8 4/1/99 3. Neither ADMINISTERING AGENCY nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reasons of anything done or omitted to be done by STATE under or in connection with any work, authority, or jurisdiction di:legated to STATE under this AGREEMENT. It is also understood and agreed that pursuant to Government Code Section 895.4, STATE shall fully defend, indemnify and hold ADMINISTERING AGENCY harmless from any liability imposed for injury (as defined be Government Code Section 810.8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority, or jurisdiction delegated to STATE under this AGREEMENT. 4. Auditors of STATE shall be given access to books and records of ADMINISTERING AGENCY and its contractors and subcontractors for the purpose of verifying PROJECT costs and share to be paid. ADMINISTERING AGENCY shall include clauses in its contracts for PROJECT obligating contractors and subcontractors to conform and cooperate in any audit of their PROJECT costs. 5. ADMINISTERING AGENCY will maintain and operate the PROJECT property acquired, developed, rehabilitated, or restored for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the property may transfer this obligation and responsibility to maintain and operate the property to another public entity. 6. Upon ADMINISTERING AGENCY acceptance of the completed PROJECT construction contract or upon contractor being relieved of the responsibility for maintaining and protecting a portion of the work, the ADMINISTERING AGENCY having jurisdiction over the PROJECT shall maintain, repair and restore any damaged portions of the completed work in-a manner satisfactory to the authorized representatives of STATE. If, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, under ADMINISTERING AGENCY'S jurisdiction is not being properly maintained, repaired or restored and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future projects of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition satisfactory to STATE. The provisions of this section shall not apply to a PROJECT which has been vacated, as preapproved by STATE, through due process of law. 7. The ADMINISTERING AGENCY obligation to maintain, referred to in paragraph 6 above, includes not only the physical condition of the PROJECT but its continued operation as well. PROJECT shall be maintained by an adequate and well-trained staff of engineers and/or such other professionals and technicians as the PROJECT requires. Said maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under an agreement with ADMINISTERING AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements. 8. Without the written consent of STATE, this AGREEMENT is ADMINISTERING AGENCY, either in whole or in part. not assignable by 9. No alteration or variation of the terms of this AGREEMENT or the PROGRAM SUPPLEMENT shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. Pao_e 7 of 8 ~ ~ -1/1/©© 10. This Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner. ' I 1. Al)MINISTERING AGENCY agrees to use all PROJECT funds reimbursed hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution. ARTICLE V- CONDITION OF ACCEPTANCE ADMINISTERING AGENCY shall conform to all State statutes, regulations, mid the Local Assistance Program Guidelines and Local Assistance Procedures Manual including all subsequent approved revisions thereto, hereafter collectively referred to as PROCEDURES, applicable to PROJECT unless otherwise designated in the approved PROGRAM SUPPLEMENT. Tiffs AGREEMENT and any PROGRAM SUPPLEMENT(s) executed under AGKEEMENT shall terminate upon sixty (60) days' prior written notice by STATE. this IN WITNESS WHEREOF, the parties have executed this AGREEtMENT by their duly authorized officers. STATE OF CALIFORNIA Department of Transportation AGENCY By Chief, Office of Local Programs Project Implementation Date By (Authorized Representative) Date Pa~_e 8 of 8 a/a 4/'1.'99