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HomeMy WebLinkAbout1999-05-05 PacketPROCLAMATION WHEREAS, emergency medical services is a vital public service; and WHEREAS, the members of emergency medical services teams are ready to provide lifesaving care to those in need 24 hours a day, seven days a week; and WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and WHEREAS, emergency medical services providers have traditionally served as the safety net of America's health care system; and WHEREAS, emergency medical services teams consist of emergency physicians, emergency nurses, emergency medical technicians, paramedics, firefighters, educators, administrators, and others; and WHEREAS, approximately two-thirds of all emergency medical services providers are volunteers; and WHEREAS, the members of emergency medical services teams, whether career or volunteer, engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and WHEREAS, Americans benefit daily from the knowledge and skills of these highly trained individuals; and WHEREAS, it is appropriate to recognize the value and the accomplishments of emergency medical services providers by designating Emergency Medical Services Week; and WHEREAS, injury prevention and the appropriate use of the EMS system will help reduce national health care costs. NOW, THEREFORE, I, Jim Mastin, Mayor of the City of Ukiah, in recognition of this event do hereby proclaim the week of May 16-22, 1999 as EMERGENCY MEDICAL SERVICES WEEK and encourage the community to observe this week with appropriate programs, ceremonies, and activities. Date: Jim Mastin, Mayor PROCLAMATION ' WHEREAS, freedom from crime and violence is one the cornerstones of this great country and a principle actively pursued within Ukiah; and WHEREAS, the dedicated men and women in law enforcement face extraordinary risk and danger in preserving our freedom and security; and WHEREAS, National Police Week is observed throughout America to acknowledge the strong commitment by our nation's peace officers, recognize the hazardous work they perform and the serious responsibilities they accept, and to commend these individuals for their steadfastness and attention to purpose; and WHEREAS, we especially wish to honor the local heroic men and women of the Ukiah Police Department who have devoted their lives to preserving public safety and to pay tribute to those officers who have, through the greatest sacrifice, given of themselves in the line of duty. NOW, THEREFORE, I, Jim Mastin, Mayor of the City of Ukiah, on behalf of my fellow City Councilmembers Phillip Ashiku, Phil Baldwin, and Kathy Libby, do hereby proclaim May 9-15 1999, as POLICE WEEK IN UKIAH and encourage all residents to remember those who gave their lives for our safety and to honor and express our sincere appreciation to our fine officers who continue to dedicate themselves to maintaining Ukiah as a safe and enjoyable place in which to live. Dated: Jim Mastin, Mayor ITEM NO. DATE: 3c MAY 5, 1999 AGENDA SUMMARY REPORT SUBJECT: INTRODUCTION OF NEW EMPLOYEE CATHY MCKEON Staff is pleased to introduce to the City Council Cathy McKeon, the City's new Senior Civil Engineer. Cathy is a California Registered Civil Engineer with over 15 years of engineering experience in both the private and public sectors. She received her Environmental Resources Engineering degree from Humboldt State University while working for Caltrans as an Engineering Assistant. While employed with Caltrans, she worked her way through the ranks to a Civil Engineering position performing a variety of functions including design, construction, and surveying. In 1989 she married Matt McKeon, a native of Ukiah and a professional engineer. In 1993 Cathy decided to gain experience as a Consulting Engineer and accepted a Project Engineer position with Rau and Associates, a local consulting firm in Ukiah. To further broaden her experience she accepted the City's offer of employement as the Senior Civil Engineer. The Senior Civil Engineer is a working supervisor responsible for ensuring that all functions and projects assigned to the Engineering Division are performed or completed. Cathy and Matt are the proud parents of a 21 month old daughter, Elizabeth. Aside from her professional career, Cathy enjoys sking, driving, hiking, camping, and family get- togethers. RECOMMENDED ACTION: Please welcome Cathy McKeon as the City's Senior Civil Engineer. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Rick H. Kennedy, Director of Public Works/City Engineer Rick H Kennedy, Director of Public Works/City Engineer Candace Horsley, City Manager N/A APPROVED: ~ t~. ~¥~ Candace'l-lorsley, C~-y Manager R:I~ENG AMCKEON Regular Meeting Wednesday, April 21, 1999 The Ukiah City Council met at a Regular Meeting on April 21, 1999, the notice for which had been legally noticed and posted, at 5:34 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Libby, Baldwin, and Mayor Mastin. Councilmember absent: Ashiku. Staff present: Public Utilities Director Barnes, Community Services Director DeKnoblough, Police Sergeant Dewey, Finance Director Elton, Assistant City Manager Flad, Personnel Officer Harris, Risk Manager/Budget Officer Harris, City Manager Horsley, Public Works Director Kennedy, Police Administrative Captain McBride, City Attorney Rapport, Fire Chief Sandelin, Community Services Supervisor Sangiacomo, Planning Director Sawyer, Police Captain Walker, Police Chief Williams, and Deputy City Clerk Yoast. 2. PLEDGE OF ALLEGIANCE Councilmember Baldwin led the Pledge of Allegiance. 3. BUDGe- ! GOALS AND OBJECTIVES: REVIEW OF 1998-99 ACCOMPLISHMENTS AND 1999~ 2000 OBJECTIVES FOR VARIOUS CITY FUNCTIONS City Manager Horsley noted that the Departments will touch on the highlights of their Goals and Objectives and Council can then ask questions, as needed. Public Works Director of Public Works/City Engineer Kennedy explained the major street projects accomplished during the past year by the Administration/Engineering Division include Perkins Street rehabilitation, State Street remediation, commencement of Orchard Avenue rehabilitation, and the 1998 STIP Street Rehabilitation Program. Goals for next fiscal year include traffic signal replacement and intersection improvements at State and Gobbi Streets, construction of the traffic signal modification at State Street and Low Gap, establishment of a GIS system, complete traffic studies for posted speed zones, and work toward the goals of the General Plan. Additionally, they are asking to restate a position lost two years ago. Judy Pruden, 304 S. Hortense, requested that staff investigate possible funding sources to provide for left-turn lanes on State Street. Mr. Kennedy explained the City was granted $40,000 to re-stripe and install left-turn lanes on State Street from Mill to Washington two years ago. When it came before the City Council concern was expressed by MTA and two local businessmen, plus the fact that some parking would need to be eliminated along State Street, and the project was deleted. Ms. Pruden requested that this item be returned to Council for reconsideration. She further stated she did not see goals in the 1999/00 Budget to landscape Perkins Street, and asked Council to include a goal to landscape the gateway corridors, Perkins Street in particular. Discussion followed relative to storm drain problems on Leslie Street between the railroad depot and mobile home park, which have been included in the goals for next year. City Manager Horsley noted that relative to landscaping of the corridors, there are Redevelopment Agency funds available for landscaping and staff will be bringing forward for the Redevelopment Agency's consideration a matching funds agreement with the Fairgrounds and a group of individuals to landscape and install sidewalks on State Street in front of the fairgrounds. Discussion followed relative to landscaping Perkins after all the easements are obtained. This would April 21, 1999 Page 1 of 12 go to Council for consideration with the undergrounding project, which should be completed first. Additional discussion was had relative to the Downtown Master Plan calling for leE-turn lanes from Mill Street to Low Gap Road, and that the project would take approximately 40 man-hours for design and if it came in under $25,000 City crews could do the work. Mr. Kennedy noted they would concentrate on intersections such as Mill, Freitas, Cherry, and State Streets. It was the consensus of the Council to include leE-turn pockets in the Goals for further consideration during the upcoming fiscal year. Mr. Kennedy announced that MCOG will be considering a Traffic Enhancement Program under the T21 funding mechanism that provides $1.8 million. These monies are sought on a competitive basis by all the agencies and are to pay for above-and-beyond mitigations such as pedestrian/bike issues, etc., and he would determine whether landscaping could be part of that program. Councilmember Baldwin advised that his greatest concern is the congestion at Orchard Avenue and Perkins Street during commute time. Mr. Kennedy turned to the accomplishments of the Street Maintenance Department. The highest priority for the current year and next year is the continuation of the Permanent Street Repair Program (inlay patching system) and Preventive Maintenance Program (crack sealing). He is requesting additional funds for materials so that the streets do not continue to deteriorate faster than they can be repaired. He continued discussion relative to the Corporation Yard. He explained that soil and water contamination was found around the underground fuel tank and it is necessary to do further studies to identify the extent of the contamination. In the Garage Division, the primary responsibility is maintaining Public Works equipment. In the Landfill Division, staff just finished selecting a consultant for preparation of the Final Closure and Post Closure Maintenance Plan. The Local Enforcement Agency is currently reviewing the Ci~s application for a revised permit to increase daily tonnage at the Landfill. For objectives, staff will be concentrating on completing the Final Plans and the other items of work required with that Plan. The closing date of the Landfill is tied to completion of the Transfer Station. Discussion followed relative to the EIR process for the Transfer Station and that the process is on schedule. Public Utilities Director of Public Utilities Barnes noted that the Water Division goal is to keep maintaining the system. There is a program of identifying high leak areas with services and mains and then repairing or replacing those services and mains. They also want to do an in-house audit of the water meters to test for accuracy. He continued with the Sewer Division, which will continue to video inspect the high trouble sewer mains and do some major replacements, add some additional manholes for maintenance, and upgrade some obsolete equipment at the Wastewater Plant in preparation of the primary expansion. They also want to complete the trickling filter improvements, which will increase capacity on the primary side for the primary expansion and also help the sedimentation for the secondary site. He continued with discussion of the Electric Division. The Meter Calibration and Replacement Program is halfway complete. Some transformers need to be replaced to meet CalOSHA standards for PCB content and staff will continue to replace the old 4kv distribution lines. There will also be new projects implemented to meet regulation changes by the California Public Utilities Commission. Judy Pruden noted that she read in the recent Director's report for the Electric Utility Workshop that $665,000 is paid to the City for a franchise fee. She expressed concern over the possible 5¢ per kilowatt hour rate increase to make up for this amount should it be eliminated or reduced. April 21,1999 Page 2 of 12 Discussion was had relative to the report presented at the recent Electric Utility Workshop and the City's plan to be at market by 2007 without raising rates. Mayor Mastin added that the only change in the rates being considered is a reduction in 2007. Ms, Pruden stated she does not want to see electric rates carry the rest of the City's Budget on the backs of electrical users. Police Deoartment Police Ch'ief Williams noted the two major accomplishments this year have been staffing of the COPS Program and installation of the new computer dispatch and records management systems. City Manager Horsley added that the Police Department has been working with her, the Mayor, a representative of the Department of Justice, and an ad-hoc group to discuss different civil-rights related topics, including how to deal in a more effective way with the mentally ill. The group signed off on the Notes from these discussions today and she distributed copies of the Notes to the Council. Discussion followed relative to personnel retention issues, and Chief Williams noted that the Police Department has been very fortunate in the past several years of not having a high turnover. Though the City cannot match the salaries of many other agencies, he feels the City provides several things that are important, such as how the City treats its employees. Chief Williams continued with next year's objectives. They will be increasing activities under the COPS Program. Additionally, he outlined training goals and highlighted space limitations the Police Department is faced with, and they will be coming up with a short- and long-term plan for what can be done to use the space available to the utmost. Lastly, they will be developing a plan to provide better security for the Department. Discussion followed relative to parking, the Narcotic Task Force, and Dispatch goals. It was noted that for the first time there will be a Supervisor over dispatchers to coordinate Fire and Police dispatch duties. Director of Parks and Recreation DeKnoblough joined the staff table at this time to discuss the Parking District budget. Mayor Mastin questioned whether the ADA objectives in the parking lots have been completed at this time because they are not carried over into next year's objectives. Discussion was had regarding ADA requirements and that the City is following a plan, which was approved by the Council, by phasing completion of all requirements over a period of 10 years. Director DeKnoblough noted that installation of the parking stalls should be completed this fiscal year, in cooperation with the Public Works crews. The Parks and Recreation Department was taken out of order at this time. Parks and Recreation Director DeKnoblough started with the Parks Division. Some key projects over the last year were ongoing ADA upgrades in the parks, the continued public safety program which consists of lighting and improved pruning techniques to open areas up for visibility, and reconstruction of the Anton Stadium infield. Their objectives are to continue with ADA requirements and safety upgrades. The Sun House exterior will be re-coated, and completion of Observatory Park and Orchard Park is expected. April 21,1999 Page 3 of 12 Discussion followed relative to the maintenance agreement for the High School Tennis Courts. Councilmember Baldwin noted access to Gibson Creek above Standley Avenue should be addressed again. Community Services Supervisor Sangiacomo noted that the Recreation Department has continued to provide an increased variety of recreational activities and sports this year, primary support for the Ukiah Country PumpkinFest and Sundays in the Park, increased outreach activities to increase awareness of possible employment opportunities for college students in recreation, and secured and installed a new day camp office and restrooms in Todd Grove Park. Their objectives are to create new sports programs, provide sports clinics, and team up with Mendocino County Public Health Department to incorporate safety and social awareness activities in the Summer Safari Day Camp and sports programs. They also will be expanding training for the seasonal and part-time staff. Relative to Aquatics, Mr. Sangiacomo stated the Municipal Pool continues to be the only public facility that provides all American Red Cross certified lessons. Staff has initiated proactive and preventive lifeguard techniques which have ensured the safety of the pool's patrons, and continue to develop programs which focus on teenagers who want volunteer experience in these activities but aren't old enough to become lifeguards and swim instructors. This next year they plan to review and revise operating procedures and policies and develop an updated pool manual. They will be reviewing methods of doing business to decrease costs and increase revenues. Director DeKnoblough addressed the Grace Hudson/Sun House Museum budget. He noted Museum Director Sherri Smith-Ferrie has accomplished an amazing amount of activity at the Museum this fiscal year. The primary objective includes a new wing to the museum. The Sun House Guild and Endowment Board are very conscientious of the cost of the ongoing operation of the new wing and are raising funds that will contribute to the ongoing maintenance of the building after it is built. Councilmember Baldwin questioned whether the City should be contributing to the billboard blight by having the Museum signs to the north and south of town, and whether there have ever been discussions about this issue. City Manager Horsley advised there have not been discussions regarding matter this in the past. Discussion followed relative to the goal of continuing to increase the number of works the Museum owns. They recently received a donation of 37 more sketches worth over $94,000. Mr. DeKnoblough turned the discussion to the Conference Center, which continues to look at ways to increase revenues. They will be developing a wedding brochure for distribution. City Manager Horsley noted that Assistant City Manager Flad is looking at a strategic plan for the Conference Center and how to integrate marketing and other things to lower costs and become more efficient. Conference Center Manager Bruce Jenney is very busy with day-to-day operations and it will be very beneficial to have someone look at it from an administrative perspective. Mayor Mastin discontinued discussion of the Goals and Objectives at 6:40 p.m. to proceed with the next item on the agenda. 4, PROCLAMATION: Senior Center Awareness Week: May 9-15. 1999 Mayor Mastin read the Proclamation proclaiming May 9 - 15 as Senior Center Awareness Week, and presented it to Melissa Phillips. April 21,1999 Page 4 of 12 Melissa Phillips, Executive Director of Ukiah Senior Citizen Center, thanked the City for the proclamation and highlighted the sponsors involved in the event. Mayor Mastin returned the meeting to Budget Goals and Objectives. Fire Deoartment Fire Chief Sandelin noted that construction of the fire training tower has begun, they reached an agreement with the Red Cross to lease the North Fire Station, and will be adopting the new Fire Code. For objectives, retention of quality employees is a high priority. He noted they are in the process of initiating a Western Hills Vegetation Management Plan in partnership with CDF for the entire Ukiah Valley. This new partnership will include the installation of some firebreaks and maintain safety features without compromising the beauty of the west hills. He added that the debris will be chipped and minor controlled burns taking place where appropriate. Chief Sandelin noted that other objectives include replacing a bay door lift system that has failed, and ongoing training to cover occurrences within the City's jurisdiction as well as other jurisdictions, since the crews are called out for mutual aid in other parts of the County. City Manager Horsley advised that she approves all training and ensures that it is relevant. Recessed - 6:53 p.m. Reconvened - 7:00 p.m. 5. RIGHT TO APPEAL DECISION Mayor Mastin reviewed the appeal process. 6. PUBLIC HEARING (7:00 P.M.) a. Introduction of Ordinance Amending Article 21 (Definitions) of Chapter 2 ~oning) of the Ukiah Municipal Code (Hearino Continued from April 7. 1999 Meeting) Senior Planner Stump advised that t~e ordinance recommends revisions to the Zoning Code Definitions to reflect current planning practices and principles, and will include new terms used in the text of the recently revised Zoning Districts. He explained the procedure for developing the definitions with the help of the City Attorney, Planning Commission, as well as other Planning related resources. He requested that Council introduce the Ordinance by title only. Public Hearing Opened - 7:06 p.m. Public Hearing Closed - 7:07 p.m. M/S Baldwin/Libby to introduce, by title only, Ordinance Amending Article 21 (Definitions) of Chapter 2 (Zoning) of the Ukiah Municipal Code, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, and Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: Councilmember Ashiku. Deputy City Clerk Yoast read the Ordinance by title only. M/S Libby/Baldwin to Introduce Ordinance Amending Article 21, Chapter 2 (Zoning) of Chapter 2 (Zoning) of the Ukiah Municipal Code, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, and Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: Councilmember Ashiku. Discussion returned to the Budget Goals and Objectives. April 21,1999 Page 5 of 12 Planning Department Planning Director Sawyer discussed, in response to an earlier question from the Mayor, the progress the County has made in their General Plan update. He indicated City staff has been working closely with them and providing information where needed. He does not know when it will go to the Board of Supervisors as they are still working on the document to make it more "user friendly." Relative to the Budget Goals, during the last year eight to ten Zoning Code revisions and major amendments to the Zoning Code have been processed. The Council adopted a Bicycle and Pedestrian Master Plan, staff prepared the Housing Element Status Report, applied for and received a Coastal Conservancy Grant for the Gobbi Street Riverside Park Master Plan, and hired a consultant to prepare the Stream Restoration and Enhancement Plan for Orr Creek. Next year they will be bringing back a similar contract for Gibson Creek. They completed the computer-generated Zoning Maps and General Plan maps. For next year's goals they intend to continue revising the Zoning Code, prepare an Airport Overlay Zone, a revised Hillside Ordinance, and complete the Riverside Master Plan. They are underway with the Historical Resources Inventory and also hope to have it adopted. Discussion followed relative to the Hillside Ordinance, the City's Grading Ordinance, and it was noted that the Code Enforcement Officer is currently working with an individual who is doing a great deal of grading in the western foothills. Airoort As~is~nt City Manager Flad spoke regarding the Airport Goals and Objectives. He noted that a great deal of effort has gone into bringing Community Air on line. They have made facility improvements and also changed the Airport from a General Commuter Airport to a Category 4 Commuter Airport. Additional property has been purchased at the south end of the Airport, they have applied for grant funding for 90% reimbursement of that purchase, procured an additional fixed- based operator which will bring jobs to the Airport and the City, and negotiated a long-term lease for a 3,000 square foot facility. For the upcoming year, staff hopes to complete the Airport Action Plan and Airport Noise Plan. Finance Department Finance Director Elton noted there are four divisions within the Finance Department: Finance Administration and Accounting, Billing and Collection, Computer Support Services, and the Purchasing function. The major emphasis this year and next year is relative to the Year 2000 problem and the computer system. The software was purchased in 1980, and the AS400 computer was installed in 1991. IBM has now classified this computer as non-upgradeable and in the future they will stop their maintenance support on the computer so it is time to replace hardware and software. One change in the budget is that Technology Support will become an Internal Service Fund rather than part of the General Fund. personnel City Manager Horsley stated that Melody Harris is doing an excellent job in her new position as temporary Personnel Officer. Her goals for the coming year are to do conduct training with the employees on an every three-year cycle, and will cover such things as performance evaluations, supervisor training, etc. She will also implement a performance evaluation system so that all employees are included on a schedule even if they have reached their "E" step. She has continued to meet ADA and Recycling Safety Compliance efforts. Risk Mana(~ement City Manager Horsley stated that Mike Harris is doing a good job as the City's Risk Manager and in the upcoming year will be receiving additional training on risk reduction and also awareness of liability factors. April 21,1999 Page 6 of 12 Secretarial Pool Executive Assistant Yoast explained that in the past year the Secretarial Pool purchased two new printers and relocated one Administration Assistant to provide support for the new Assistant City Manager. Next year's main focus will be on upgrading all of the computers to become Year 2000 compliant. The software will be upgraded to Windows 98 or better and associated training will be provided. City Manager Horsley covered all the projects the City Clerk has accomplished, including the implementation of many first-time organizational projects, continually working on the record retention project, and taking advantage of many training opportunities on Election Law and other City Clerk duties. In the next year she is hoping to obtain an alternative to the current imaging system, and will continue to take classes to perform her duties. 7. APPROVAL OF MINUTES a. Special Meeting of March 29; 1999 M/S Baldwin/Libby to approve the minutes of the Special Meeting of March 29, 1999, as submitted, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, and Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: Councilmember Ashiku. b. Regular Meeting of April 7. 1999 City Manager Horsley noted there is a correction on page 1, item 3b. The "unidentified lady" should be changed to read, "Dianne Marshall. a Mendocino County employee." Councilmember Libby made a change to the last sentence on page 2, to read as follows: "Mayor Mastin complimented the Guild in the design of their invitations for the reception held on April 14." M/S Libby/Baldwin to approve the minutes of the Regular Meeting of April 7, 1999, as amended, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, and Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: Councilmember Ashiku. 8. CONSENT CALENDAR City Manager Horsley noted that she would like to make the following modifications to the Consent Calendar before Council takes their vote: For item c, add "and authorize the City Manager to execute the contract" to the action, and for item e, the letter to the Department of Fish and Game should be on behalf of the "Ukiah Valley Streams Coalition and the ~." M/S Libby/Baldwin to approve Items a-e of the Consent Calendar as follows: a. Approved Disbursements for the Month of March 1999; b. Approved Policy Resolution No. 31 Regarding Reimbursement of Travel Expenses to City Officials and Employees; c. Awarded Consultant Service Agreement to EBA Wastechnologies in the Amount of $89,200 for the Preparation of Final Closure and Post-Closure Maintenance Plans and Other Work Items for the Ukiah Landfill, and Authorize the City Manager to Execute the Contract; d. Approved Contract with Richard Ruff Architects for Architectural Design Services and Related Budget Amendment; e. Approved Letter of Support to Department of Fish and Game for the Orr Creek Restoration Project on Behalf of the Ukiah Valley Streams Coalition and the E Center. The motion carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, and Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: Councilmember Ashiku. April 21,1999 Page 7 of 12 9. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No comments received. 10. UNFINISHED BUSINESS a. Introduction of Ordinance Providing for 5% Bidding Preference for Local Businesses City Manager Horsley explained the draft ordinance addresses the issues expressed by the Council at the March 17 City Council meeting, specifically a 5% reduction factor to businesses within the County, with a maximum preference of $5,000, to include the whole County. It also authorizes the City Manager to develop a registration method to objectively identify qualified businesses, and applicability to bids greater than $100. A letter from the Mendocino County Employers Council has been distributed to Council for review, which is requesting that the Ordinance be introduced but not acted upon. Councilmember Libby commented on the local newspaper coverage on this matter to clear up a few issues. She stated she has only dealt with the preference numbers as they were compiled by staff, and furthermore, Council voted 4-1 to have this ordinance prepared. She feels the local paper is only printing part of the story and she does not feel it is proper for them to attempt to direct Council legislation. The Council has looked at the numbers and discussed this for a long period of time and noted that staff and the City Attorney have put an enormous amount of work into this project. Councilmember Baldwin determined that it would be required that a Ft. Bragg business obtain a City of Ukiah Business License to be eligible for the preference. City Manager Horsley indicated this is important so that there is no inequity between a business within the City, who is required to get a license, and also for ease of identifying who is eligible. City Attorney Rapport added that the City's ordinance that deals with business licenses states it applies to anyone who conducts business in the City even if they do not reside in the City. Councilmember Baldwin indicated he cannot support this ordinance unless the definition of local business is changed to apply only to businesses where the majority ownership consists of residents of this County. He felt this is a government subsidy to business, and does not want to give it to businesses with a majority of shareholders who reside outside this community. The profits to major corporations do not stay in this community. Councilmember Libby noted that in the bidding list provided by staff for the 1998 bids, there were not a lot of competitive bids from these types of stores. Typically, purchases with these companies were through open purchase orders. She stated it is important to remember how many people these stores employ, who in turn spend their money locally. She indicated that Council should do all that it can to reinvest in our community, to support local businesses and help stabilize the economy. Councilmember Baldwin indicated if the profits leave the community he does not feel that is reinvesting in the community. If the Council can add wording to the Ordinance that ensures that the majority of the ownership is local, he would support it. Mayor Mastin indicated he will support the Ordinance, even though he does share some of Councilmember Baldwin's concerns. He advised that the Ordinance may be rescinded in the future if it is not doing what is intended. Councilmember Baldwin advised large corporations already have the advantage because of their ability to warehouse and purchase in great quantities over the locally-owned businesses, and this will give them another 5% advantage. He further questioned the wages these companies are paying. April 21,1999 Page 8 of 12 Kathy Spencer, President of the Ukiah Chamber of Commerce, noted the Chamber is in support of any policy or procedure that would support local businesses, and adopting this Ordinance would send a message to local businesses that the City supports local area businesses. She recommended approval of this important Policy change. Bruce Masterson, Masterson Communications, requested that Council adopt the Ordinance. He noted supporting local businesses will allow them to continue to grow, hire new employees, and to develop new technologies that benefit not only the City of Ukiah, but the community and all of Mendocino County. A Motion was made by Councilmember Baldwin to introduce the Ordinance Providing for a 5% Bidding Preference for Local Businesses, with an amendment to the definition of a "local business" to mean any business where the majority ownership resides within Mendocino County. The Motion died for lack of a second. M/S Libby/Mastin to introduce, by title only, Ordinance Providing for 5% Bidding Preference for Local Businesses, carried by a majority voice vote of the Councilmembers present, with a no vote cast by Councilmember Baldwin. Deputy City Clerk Yoast read the Ordinance by title only. M/S Libby/Mastin to Introduce Ordinance Providing for 5% Bidding Preference for Local Businesses, carried by the following roll call vote: AYES: Councilmember Libby and Mayor Mastin. NOES: Councilmember Baldwin. ABSTAIN: None. ABSENT: Councilmember Ashiku. 11. NEW BUSINESS a. Introduction of Ordinance Amending Division 6; Chapter 3; Articles 1 and 2; and Chapter 6 of the Ukiah Munici._nel Code. Entitled Respectively. Fire Prevention Code end Outdoor Burning Fire Chief Sandelin introduced Fire Marshal Bruce Evans who will present the Ordinance to adopt the California Fire Code with local amendments. Fire Marshal Evans explained that the ordinance before the Council would adopt the California Fire Code, which provides for the regulation of fire and life safety throughout California. The California Code is based on the Uniform Fire Code, which is a model Code updated every three years. The state directs that the cities adopt the California Code but does allow local agencies the ability to make modifications and amendments to the Code under certain circumstances as long as those amendments are filed with the state before the effective date of the California Code, which is July 1, 1999. He described the current proposed amendments, which are intended to cover Definitions, Remote Electrical Disconnects, and Residential Sprinkler Systems. Mayor Mastin reported that the Council has received a letter from the Mendocino Employers Council stating that the latest dictionary version is fine with them, however, they have a concern about the key activated devices and sprinkling of large buildings due to the increased costs associated with these items. Discussion followed relative to the sprinkling system requirement for five contiguous units or more. The secured key system is intended to be placed at large buildings, the smallest of which has been an 8,300 square foot commercial building. It was noted relative to the associated cost, the key is only $70 to $75, and the relay and breaker in the main panel can cost anywhere from several hundred to $1,000. The Fire Department would give the developer the option of providing an exterior entry that allows them to get directly into the electrical shut-off components and this can be accomplished in the design process. This electrical room could have an access from inside and April 21,1999 Page 9 of 12 outside the facility. City Manager Horsley explained that the City provides alternatives wherever possible in many of the City's requirements. M/S Baldwin/Libby to introduce, by title only, the Ordinance Amending Division 6, Chapter 3, Articles 1 and 2, and Chapter 6 of the Ukiah Municipal Code, Entitled Respectively, Fire Prevention Code and Outdoor Burning, carried by a consensus vote of the Councilmembers present. Deputy City Clerk Yoast read the Ordinance by title only. M/S Baldwin/Libby to Introduce Ordinance Amending Division 6, Chapter 3, Articles 1 and 2, and Chapter 6 of the Ukiah Municipal Code, Entitled Respectively, Fire Prevention Code and Outdoor Burning, carried by the following roll call vote' AYES: Councilmembers Libby, Baldwin, and Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: Councilmember Ashiku. 11b. Discussion of Recoo_nition for Cit.v Commission and Committee Members Assistant City Manager Flad noted there has been recent discussion concerning compensation for Planning Commission members, as well as methods to acknowledge and provide recognition for the community's volunteers. He explained there are 45 volunteer Commission and Board members, excluding Councilmembers and staff. He outlined three types of recognition and their associated costs for Council's consideration' Recognition events, written recognition, and identification. He requested Council direction on how the City can acknowledge and recognize the efforts of our community's volunteers and enhance the community's awareness of the commitment of these individuals. Mayor Mastin explained some history regarding this item and noted he would prefer an informal barbeque or picnic. City Manager Horsley explained that some items outlined can occur next fiscal year and staff would budget accordingly. Councilmember Libby felt a barbeque, 'l'-shirt, and a card would be nice. Mayor Mastin invited anyone from the audience to address this issue. Councilmember Baldwin indicated his agreement with whatever is decided. Eric Larson, Ukiah Planning Commissioner, advised he doesn't care if he gets another T-shirt. The idea of staff and the City Council barbequing for folks is not an unpleasant thought. However, the point he tried to make when he previously addressed this issue before Council in conjunction with the stipend issue, was that personal recognition from Councilmembers to Commission and Committee members, such as a personal note, a handshake, a thank you, or a visit to the meetings to introduce yourself and express appreciation, would be nice. Mr. Flad advised that the Airport Commission very much appreciated a recent visit from Councilmember Baldwin. It was the consensus of the Councilmembers that a gift be presented this year to Commission and Committee members, and a barbeque event, to be held in August or September, be included in next year's budget. Mayor Mastin moved discussion of the Redevelopment Agency Goals and Objectives to this time as they are not agendized on the Ukiah Redevelopment Agency meeting. April 21, 1999 Page 10 of 12 City Manager Horsley advised that even though there has not been an excess funds within the Agency, staff has continued to do a lot of work. Staff is working with the Chamber of Commerce and Main Street Program to accomplish many downtown projects such as planting. Additionally, the housing setaside allocations continue to be made. For next year, staff will be continuing efforts to obtain funding through CDBG funds for economic development projects. They will continue to have the Facade Improvement Program in the downtown area and are forming new partnerships to get projects completed. The Downtown Parking Improvement Program is in its third year and has been very successful, and staff continues to do projects as identified in the Agency's Five Year Improvement Plan, where possible. Councilmember Baldwin questioned whether overhead utilities could be considered blight and Agency funds could be used to underground utilities. City Attorney Rapport advised that blight determines what the Redevelopment Area is, and that area was established in the original Plan. Undergrounding is a permissible project and is in the original Plan so the Agency has the authority, but lacks the money. 11c. Consideration and Adoption of Resolution Approving Memorandum of Understandinq for Employee Bar~3ainim3 Unit- Fire Unit This item is to be considered in 7Closed Session and Mayor Mastin stated any action on this item would be taken after that discussion. 12. CITY COUNCIL REPORTS Councilmember Libby advised she had attended the Sun House Guild Board of Trustees meeting. They are busy getting ready for their June 6 fundraiser for the new wing. They have recently acquired 37 sketches that were donated from a couple from Oregon who delivered them along with a $100 check for the building fund. She noted that she attended the Chamber of Commerce meeting, and they are working on their June 4 Annual Meeting for members where they will be awarding Community Champion Awards. Councilmember Baldwin noted that he missed the Inland Water and Power Commission (IWPC) meeting. He did go to the Airport Commission meeting and was very pleased with their interest in noise abatement. Assistant City Manager Flad and Airport Manager Bua will be working to educate the pilots on appropriate flight patterns to alleviate noise. Mayor Mastin advised he attended the IWPC meeting, which was scheduled one week before the Federal Energy Regulatory Commission (FERC) meeting in order to strategize for the FERC meeting. They are still discussing what to do, how to respond, and the best resources. He noted that former Vice Mayor Kelly's last duty was to join him in meeting with representatives from the Board of Supervisors and School Board to discuss the school site at the Ward's location. That meeting didn't produce new or different information. He also attended the City Employee's Enchilada Cook-off at the Todd Grove Room last Friday. Everyone voted on their favorite dish and Klm Sechrest won first place, Steve Harris, second, and Michael Harris came in third. He noted that MTA meets tomorrow in Point Arena, and MSWMA meets next week. 13. CITY MANAGER/DIRECTOR REPORTS City Manager Horsley noted it was very satisfying to be able to sign the formal Notes with the citizen's group after eight months of meetings and discussions regarding effective ways with dealing with the mentally ill. She noted it was a very good process and thanked the Mayor for joining in and helping. Adjourned to Ukiah Redevelopment Agency meeting at 8:32 p.m. Reconvened as City Council - 8:44 p.m. and went into Closed Session. April 21,1999 Page 11 of 12 14. CLOSED SESSION a. G.C. _~54957.6 - Conference With Labor Negotiator -- Employee Unit: Fire Unit Negotiator: Candace Horsley Reconvened at 10:25 p.m. M/S Baldwin/Libby to adopt Resolution No. 99-38 Adopting Memorandum of Understanding between the City of Ukiah and the Ukiah Fire Unit, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, and Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: Cou ncilmember Ash iku. b. G,C. §54956.9(b)(1)- Conference With Legal Counsel Regarding Pending Litigation - Existing Litigation - 2 matters: Redwood Business Park v. City of Ukiah; Mendocino County Superior Court Case No. 77517 Redwood Business Park v. City of Ukiah, Mendocino County Superior Court Case No. 77252 No action was taken on this item. 15. ADJOURNMENT There being no further business the meeting was adjourned at 10:26 p.m. Karen Yoast, Deputy City Clerk April 21,1999 Page 12 of 12 ITEM NO. DATE' May 5. 1999 y P RT SUBJECT' AWARD BID FOR FLOWAY VERTICAL MIXED FLOW PUMP TO FLOWAY PUMPS FOR THE SUM OF $23,746 PLUS TAX Included in the 98/99 Wastewater Treatment Plant Budget, Account Number 612.3580.800.000, is $50,000 for trickling filter improvements. A portion of these trickling filter improvements is the addition of a FIoway vertical mixed flow pump. Specifications were written and Requests for Quotations through the formal bid process were sent to six suppliers of Floway vertical mixed flow pumps. Three bids were received and opened by the City Clerk on April 26, 1999. Floway Pumps was the Iow bidder with a price of $23,746 plus tax. There is no local supplier for this equipment. RECOMMENDED ACTION' Award bid for a Floway vertical mixed flow pump to FIoway Pumps for the sum of $23,746 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 Candace Horsley, Cit Manager ~ u.. 0 > 0 X ITEM NO. 6b DATE: May 5. 1999 AGENDA SUMMARY REPORT SUBJECT: AWARD BID FOR STATIONARY SAMPLERS TO ORATECH CONTROLS FOR THE SUM OF $9,410 PLUS TAX Included in the 98/99 Wastewater Treatment Plant Budget, Account Number 61 2.3580.800.000, is $11,000 for the purchase of two stationary samplers. These samplers will replace two portable units that are now in use. The portable units would then be available for other sampling requirements of our operating permit. Requests for Quotations through the formal bid process were sent to three suppliers of scientific sampling equipment. Three bids were received and opened by the City Clerk on April 26, 1999. Oratech Controls was the Iow bidder with a price of $9,410 plus tax. There is no known local supplier for this equipment. RECOMMENDED ACTION: Award bid for stationary samplers to Oratech Controls for the sum of $9,410 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 ~andace Horsley, City Manager 1 ffi I- I- Z C) ITEM NO. 6c DATE: May 5, 1999 AGENDA SUMMARY REPORT SUBJECT: AWARD OF BID TO RINEHART OIL, INC. FOR SUPPLY OF PETROLEUM PRODUCTS FOR CITY FACILITIES IN THE AMOUNT OF $29,663.35 SUMMARY: The City distributed bid documents to 6 petroleum jobbers to provide fuel to various City facilities. The City publicly advertised this bid in the Ukiah Daily Journal on April 11, 1999 and April 18, 1999. Three sealed bids were received and opened by the City Clerk on April 27, 1999. The lowest responsive, responsible bidder is Rinehart Oil, Inc. of Ukiah, California with a total bid of $29,663.35. The bid package indicates an estimated quantity of red-dyed (off-highway) diesel fuel to be consumed during a one year period at the solid waste disposal site, the civic center (auxiliary generator), the water treatment plant, the wastewater treatment plant, and well no. 4. The price of fuel purchased under this bid will fluctuate with the average fuel rate per gallon as listed on the Oil Price Information Service (OPIS) for the San Francisco region. The OPIS rate for the week of April 9, 1999 was used as a base price for bidding purposes, continued on page 2 RECOMMENDED ACTION: Award the bid to Rinehart Oil, Inc. to provide petroleum products to the City for a one-year period. The estimated dollar amount of the fuel purchase is $29,663.35. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject all bids and direct staff to re- advertise for bids. Citizen Advised: N/A Requested by: Rick Kennedy, Director of Public Works/City Engin. eer Prepared by: Rick Seanor, Deputy Director of Public Works ~,~J~ Coordinated with: Candace Horsley, City Manager 'T- Rick Kennedy, Director of Public Works/City Engineer Attachments: 1. FY 1998/1999 budget sheet APPROVED' ~'~ ~,~~~ Candace Horsley, ~ity rV~nager RJS:AGDIESL3.SUM PAGE 2 AWARD OF BID TO RINEHART OIL, INC. FOR SUPPLY OF PETROLEUM PRODUCTS FOR CITY FACILITIES IN THE AMOUNT OF $29,663.35 MAY 5, 1999 The petroleum jobber's markup price will not change throughout the duration of the contract. Please refer to the bid tabulation below (which does not include taxes) for a comparison of the bids. The City, as end user, will pay all applicable taxes. Fuel purchased through this bid is either for landfill equipment or stationary equipment and therefore would not be purchased through a card lock facility. The total diesel fuel usage at the aforementioned facilities is 38,300 gallons per year. The solid waste disposal site is the single largest consumer of diesel fuel at 32,000 gallons per year. Monies for fuel acquisition have been included in the current budget and the fiscal year 1999/2000 budget. Diesel Fuel Bid Tabulation Fuel Vendor's TOTAL PRICE (per Estimated OPIS Base pdce Quantity (fixed for week of Mark-up Pdce gallon; not including TOTAL COST Vendor Specification (gallons) Apdl 9, 1999) (includes freight) taxes or fees) (A) (B) (C) (D) = (B) + (C) (E) = (D) X (A) DIESEL FUEL, Rinehart Oil Inc. OFF-HIGHWAY, Ukiah, CA CA ARB No. 2, 38,300 $0.6745 $0.10 $0.7745 $29,663.35 Red -Dyed DIESEL FUEL, Redwood Oil Co. OFF-HIGHWAY, Ukiah, CA CA ARB No. 2, 38,300 $0.6745 $0.112 $0.7865 $30,122.95 Red -Dyed DIESEL FUEL, Eel River Fuels, Inc. OFF-HIGHWAY, Ukiah, CA CA ARB No. 2, 38,300 $0.6745 $0.165 $0.8395 $32,152.85 Red -Dyed The above bids do not include applicable taxes. 0 r-- ~° §o 0 0 0 0 ~0 er) /2rTTPr~HI~F_~T ITEM NO. 6d DATE: May 5, 1999 AGENDA SUMMARY REPORT SUBJECT: AWARD OF CONTRACT TO KBR CONSTRUCTION FOR ADA CURB RAMPS, PHASE 3, SPECIFICATION NO. 99-03 IN THE AMOUNT OF $18,738 AND APPROVAL OF BUDGET AMENDMENT SUMMARY: The City distributed plans and specifications to five builders exchanges and seven contractors. The City publicly advertised this project on April 4, 1999 and April 9, 1999 in the Ukiah Daily Journal. Notices to Bidders were mailed to approximately 110 potential bidders. Four sealed proposals were received and opened by the City Clerk on April 27, 1999. The lowest responsive, responsible bidder is KBR Construction of Redding, California with a total bid of $18,738. The Engineer's Estimate for the project is $18,563.95. Please note Attachment 1 which is a bid tabulation comparing the four bids with the Engineer's Estimate. Continued on Page 2 RECOMMENDED ACTION: 1) Award the contract for ADA Curb Ramps, Phase 3, Specification No. 99-03 to KBR Construction in the Amount of $18,738; 2) Approve the requested budget amendment to increase both revenue account 340.0600.490.013 and e__~enditure account 340.9649.250.000 by $22,006 each. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject all bids and direct staff to re-advertise for bids. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Rick Kennedy, Director of Public Works/City Engineer Rick Seanor, Deputy Director of Public Works~ Candace Horsley, City Manager Rick Kennedy, Director of Public Works/City Engineer 1. Bid Tabulation 2. Bid Proposal from KBR Construction 3. Project Description and Location 4. MCOG Project Approval 5. Budget Amendment Worksheet APPROVED: ~ I/:~.~- Car~dace' ' City, Manager Horsley, RJS:AGADAPH3.SUM Page 2 Award of Contract to KBR Construction for Ada Curb Ramps, Phase 3, Specification No. 99-03 in the Amount of $18,738 and Approval of Budget Amendment May 5, 1999 This project will construct curb ramps at five locations in the City. Please note Attachment 3 which contains a list of the ramp locations as well as a location map. The Mendocino Council of Governments (MCOG), through its pedestrian and bicycle program, has provided funding for the project in the amount of $22,006 (Attachment 4). The City received notification from MCOG of project funding on November 5, 1998. As such, funding for this project was not included in the Fiscal Year 1998/1999 budget. For this reason staff has prepared a budget amendment to account for the funds expended by the City and reimbursed by MCOG. If the bid is awarded, compensation for the performance of the work will be based on unit prices bid for contract item quantities actually installed. Bid totals are based on unit prices bid for contract items at estimated quantities, and therefore, the actual total paid to the contractor may be lower or higher than the bid total indicated. As with all construction projects there may be cost overruns by reason of unforseen work or because actual quantities installed exceed estimated quantities. Policy Resolution No. 13, authorizes the responsible Department Head with approval of the City Manager to issue change orders not to exceed 10 percent of the original contract sum or $5,000 whichever is greater, provided that no change exceeds the amount budgeted for the project. The balance of $3,268 from the difference between the approved funding level and the proposed construction award can be utilized to fund unexpected additional work. CITY OF UKIAII MENDOCINO COUNTY, CALIFORNIA PROPOSAL FOR ADA CIJRB RAMPS, PHASE 3 Specification No. 99-03 The undersigned, as bidder, declares that he or she has examined thoroughly all of the contract documents herein contained, that this proposal is made without collusion with any other person, firm or corporation and that all laws and ordinances relating to the interest of public officers in this contract have been complied with in every respect. AND he or she proposes and agrees, if this proposal is accepted, 1) that he or she will contract with the City of Ukiah, Mendocino County, California, in the form of the copy of the agreement herein contained a) to provide all necessary machinery, tools, apparatus and other means of construction; 2) 3) b) c) to furnish all materials; to provide all superintendence, overhead expenses and all labor and expenses of whatever nature necessary to complete the job in conformity with the specifications and drawings and other contract provisions herein or reasonably implied hereby or as necessary to complete the work in the manner and within the time named herein and according to the requirements and to the reasonable satisfaction of the City Engineer; d) to pay all charges of freight transportation and hauling; that he or she indemnifies the City against any loss or damage arising from any act of the undersigned as Contractor; and that he or she will accept as full payment therefor the following sums: C:\projects\streets\ada-ph3\spec'wpd 45 Spec. No. 99~03 BIDDING SCHEDULE ITEM QUANTITY DESCRIIq'ION AND UNIT I'RICE BID EXTENDED NO. in writing and in figures AMOUNT FOR ITEM 1. 111 LF Saw Cut Concrete Sidewalks, Driveway Approaches, Curb and Gutter and Valley Gutters for a price per lin,~r fogt of 2. 227 LF Saw Cut Asphalt Concrete for a price per linear foot of 3. 161 LF Remove PCC Curb and Gutter for a price per linear foot of 4. 844 SQFT Remove PCC Sidewalk, Driveway Approaches for a price per square foot of _ Spec. No. 99-03 46 C:\projects\streets\ada-ph3\spec.wpd . . . . 48 SQFT 396 SQFT 161 LF 52 SQFT 943 SQFT Remove PCC Valley Gutter for a price per square foot of Remove Asphalt Concrete Pave~nent for a price pets quare foot of Concrete Curb and Gutter for a price per linear foot of Concrete Valle), Gutter for a price per square Concrete Sidewalk, Driveway Approaches and Wheelchair Ramps for a price per square foot C:\projects\streets\ada-ph3\spec.wpd 47 Spec. No. 99-03 10. 384 SQFT Type B Asphalt Concrete Pavement for a price per square foot of C~O//~ ?~ i- - " In case of discrepancy between words and figures, the words shall prevail. We, the undersigned, further agree, if this proposal shall be accepted, to sign the agreement and to furnish the required bonds with satisfactory surety, or sureties, within fifteen (15) calendar days after written notice that the contract is ready for signature; and, if the undersigned shall fail to contract, as aforesaid, it shall be understood that he or she has abandoned the contract and that, therefore, this proposal shall be null and void and the proposal guaranty accompanying this proposal, or the amount of said guaranty, shall be forfeited to and become the property of the City. Otherwise, the proposal guaranty accompanying this proposal shall be returned to the undersigned. Witness our hands this day of ~.//~-~ Spec. No. 99-03 48 C:\projects\streets\ada-ph3\spec-wpd date ~~' THE CONTRACTOR'S LICENSE NUMBER AND EXPIRATION DATE STATED HEREIN ARE MADE UNDER PENALTY OF PERJURY. Signature of bidder or bidders, with business addresses' Robert J. Frank Notice: In the case of a corporation, give below the addresses of the principal office thereof and names and addresses of the President, Secretary, Treasurer. C :\projects\streets\ada-ph3\spec-wpd 49 Spec. No. 99-03 TO: FAIR EMPLOYMENT PRACTICES CERTIFICATION _ The undersigned, in submitting a bid for performing the following work by Contract, hereby certifies that he or she has or will meet the standards of affirmative compliance with the Fair Employment Practices requirements of the Special Provisions contained herein. ADA CURB RAMPS, PItASE 3 Specification No. 99-03 Business Location: (The bidder shall execute the certification of this page prior to submitting his or her proposal.) C: \projects\streets\ada-ph3\spec. wpd 51 Spec. No. 99-03 ZP, Lo WORKER'S COMPENSA'HON CERTIFICATE I am aware of the provisions of Section 3700 of tile Labor Code which require every employer to be insured against liability for Worker's Compensation or undertake self-insurance in accordance with the provisions of that code and I will comply with such provisions before com~nencing the performance of the work of this contract. Witness my hand this /~day °f~~,/ __ C:\projects\streets\ada-ph3\spec'wpd 53 Spec. No. 99-03 CERTIFICATION OF NONDISCRIMIN_ATION IN EMPLOYMENT The bidder represents that he or she has/has not, participated in a previous contract or subcontract subject to either the equal opportunity clause herein or the clause contained in Section 301 of Executive Order 10925; that he or she has/has not, filed all required compliance reports; and that representations indicating submission of required compliance prior to subcontract awards. (This certification shall be executed by the bidder in accordance with Section 60-1.6 of the Regulations of the President's Committee on Equal Employment Opportunity for implementing Executive Orders 10925 and 11114.) C:\projects\streets\ada-ph3\spec-wpd Spec. No. 99-03 LIST OF PROPOSED SUBCONTRACTORS In compliance with the provisions of Sections 4100-4108 of the State Government Code and any amendments thereof, each bidder shall set forth (a) the name and location of the place of business of each subcontractor who will perform work or labor or render service to the Contractor in or about the construction site in an amount in excess of one-half of 1 percent of the total bid and (b) the portion of the work to be done by each subcontractor. C:\projects\streets\ada-ph3\spec'wpd 57 Spec. No. 99-03 STATEMENT OF EXPERIENCE OF B~IDDE_ R The bidder is required to state below what work of similar magnitude or character he or she has done and to give references that will enable the City Council to judge of his or her experience, skill and business standing and his or her ability to conduct work as completely and rapidly as required trader the terms of the contract. C:\projects\streets\ada-ph3\spec'wpd 59 Spec. No. 99-03 SIGNATURE(S) OF BIDDER Accompanying this proposal is (insert the words "cash ($)", "cashier's check" or "bidder's bond", as the case may be) in an amount equal to at least 10 percent of the bid. The names of all persons interested in the foregoing proposal as principals are as follows: IMPORTANT NOTICE: If bidder or other interested person is a corporation, provide the legal name of corporation anti also the names of the president, secretary, treasurer and manager thereof. If a co- partn, I ship, provide the true name of firm and also the names of all individual co-partners composing the firm. I1' bidder or other interested person is an individual, provide the first and last names in full. Licensed in accordance with an act providing for the registration of Contractors: ic nse o. _-- · gna ur (s,o NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a co-partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts in behalf of the co-partnership; and if bidder is an individual, his or her signature shall be placed above. If a member of a partnership, a Power of Attorney must be on file with the Department prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized. Business address: ~ ~.) ~~~A ~ ~~' Place of residence: ~0 ~ ~; ~' ~- /~ C:\projects\streets\ada-ph3\spec-wpd 61 Spec. No. 99-03 NON-COI,I,USION AFFIDAVIT Note: Bidder shall execute the affidavit on this page prior to submitting his or her bid. To City Council, City of Ukiah: The undersigned in submitting a bid for performing ADA CURB RAMPS, PHASE 3, SPECIFICATION NO. 99-03 by contract, being duly sworn, deposes and says: fl~at he or she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract. Business Address: ~Si~na~tu"r[(s)/of Bid/ler Place of Residence: NOTARIZATION Subscribed and sworn to before me this /q'/D day of ~pK,~t , 19~0. Notary Public in and for the County of ..~ My Com~nission Expires , State of California. KATHY MClNTOSH ', ~ Corem. No. 1063047 NOTARY PUBLIC-CALIFORNIA SHASTA COUNTY MY COMMISSION EXPIRES JUNE 25, 1999 C:\projects\streets\ada-ph3\spec.wpd 65 Spec. No. 99-03 that we, CITY OF UKIAIt Mendocino County, California KNOW ALL MEN BY THESE PRESENTS, KBR CONSTRUCTION , as PRINCIPAL and GREAT AMERICAN INSURANCE COMPANY_ , as SURETY, are held and firmly bound unto the City of Ukiah in the penal sum of 10 PERCENT OF TIlE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of Ukiah, as the case ~nay be, for the work described below, for the payment of which sum in lawful money of the United States, well and tndy to be made, to the City Clerk to which said bid was submitted, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum ofSTEN PEBCENT (i0%) Ok-' THE TOTAL AMOUNT BID THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has suNnitted the above mentioned bid to the City of Ukiah, as aforesaid, for certain construction specifically described as follows, for which bids are to be opened at the Office of the City Clerk, Ukiah Civic Center, Ukiah, California, on April 27, 1999 for ADA CURB RAMPS, PHASE 3, SPECIFICATION NO. 99-03 NOW, THEREFORE, If the aforesaid Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him or her for signatures, enters into a written contract, in the prescribed form, in accordance with the bid and files two bonds with the City of Ukiah, one to guarantee faithful performance and the other to guarautee payment for labor and materials, as required by law, then this obligation shall be Imll and void; otherwise, it shall be and remain in fidl force and virtue. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 12 day of APt-ilL , A.D. 19 99. ~-, ~PARTNER Principal -GI~A-T AMERI_CAN__INSLIRANCE--COM PANY _COLLEEN-MCtiu ,--~~ Surety ( j k ) (Seal) (Seal) (Seal) (Seal) (Seal) (Seal) Address: ~ R LCAN__I N S IIRAN C-F~-COlVI~AN Y _-L_3_5 0~TltlilAT~ BLVD.,-,~--//2-10- (:\l)-ojccl:i\s[rccls\ada-l~h3\';Imc.wtxl CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California / ., SS. 'i County of ~TA On _APRIL 12 Date personally appeared 1999-, before me,_ COLLEEN McHUGH RALPH · AMER0 Name and Title of Officer (e.g., "Jane Doe, Notary Public") Name(s) of Signer(s) E~ personally known to me [] proved to me on ,t_~_~: basis of satisfactory evidence '.' Place Notary Seal Above to be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity u o.p_._~ behalf of which the person(s) acted, ex~.~..~% instrument. ~S~,~y h~n~.~nd official seal. - OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reat{achment of this form to another document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: _ Capacity(les) Claimed by Signer Signer's Name: [ ] Individual :~, .-, [] Corporate Officer -- Title(s) [/] Partner ~ Ei.] Limited [/.J General · · · ',](]( Attorney in Fact · [[] Trustee i i Guardian or Conservator ! ] Other: ~ GREAT AMERICAN INSURANCE COMPANY .' Signer Is Representing: 1'0t~ Oi Ihutflt) hr)It~, ,- . 1997 Nalio[~al Notary Association · 9350 De Soto Ave, P.C) Box 2402 · Chatsworth, CA 91313-2402 Prod. No 5907 Reorder. Call Toll~Flee 1 800-876-6827 INSU CE COMPANY' 580 WALNUT STREET * CINCINNATI, OHIO 45202 * 513-369-5000 · FAX 513--/23-2740 The number of persons authorized by No. 0 13705 this power of attorney is not more than POWER OF ATTORNEY FIVE KNOW' ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in-fact, for it and in its name. place and stead to execute in behalf of the said Company, as surety, any' and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof: provided that the liability of the said Company on an.,,' such bond. undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Address Limit of Po~,'er Name ALL ROBERT D. REED RALPtt AMERO ALL OF CURTIS BYRON KATHY Mc INTOStt REDDING, UNLIMITED COLLEEN MC }{UGH CALIFORNIA This Po~.'er of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS W'HEREOFthe GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by ~ts appropriate officers and its corporate seal hereunto affixed this 1 st da.'.' of February, ! 999 GREAT AMERICAN INSURANCE COMPANY Attest STATE OF OHIO. COUNTY OF HAMILTON -- ss: On this 1st day of February, 1999 ,before me personally appeared DOUGLAS R. BOWEN. to me known, being duly sv,'orn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Bond Division of Great American Insurance Company. the Company described in and which executed the above instrument; that he knows the seal; that it ~'as so affixed bf' authority of his office under the By-Laws of said Company, and that he signed his name thereto by' like authority. This Po~'er of Attorney is i~ranted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company' by unantmous ~'ritten consent dated March 1, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys-In-Fact to execute on behalf of the Company, ~ surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof: to prescribe their respective duties and the respective limits of their authority: and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature o£ any ot'the aforesaid officers and any Secretary or Assistant Secretary o[ the Company ma)' be affixed by facsimile to any power o£ attorney or cc~i~cate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon thc Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March i, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 12TII day of APRIL , 1999 APPLICATION FOR MCOG FUNDING PEDESTRIAN and/or BICYCLE FACILITIES PROJECT Please complete each portion of the application in as much detail as possible/appropriate. 1. Project Name: ADA Curb Ramps, Phase 3 2. Applicant: City of Ukiah 3. Estimated Total Cost: $24,375 4. Funding Requested: $24,375 5. Other Funding, if any: (specify) NONE __ 6. This Form Prepared By: Rick Seanor 7. Phone Number: (707) 463-6296 8. Date: August 17, 1998 10. Description of project: 9. Line item cost estimate: See Attached This project will construct handicap access ramps to allow pedestrians to travel from streets to sidewalks. Ramp locations are shown on the attached map, marked as Attachment "A." All of the ramps are located in a highly traveled pedestrian areas. Construction of ramps is mandated by State and Federal programs. By funding this project, the City will be able to continue working toward its goal of completing handicap access ramps throughout the City. This project will enable the City to comply with its plan for Sidewalks, Curb Ramps and Crossings, dated February 1995, Attachment "B." A copy has been attached as reference. A copy of the City's March 1995 response to a Caltrans ADA Ramp Survey is also attached, Attachment "C." Attach maps and/or drawings as necessary to fully describe the proposed project. City of Ukiah Bicycle & Pedestrian Application - ADA Curb Ramps, Phase 3 August 17, 1998 Page 1 9. Line item cost estimate: ADA Curb Ramps - Phase 3 1. South State Street at Church Street $6,500 two ramps, one at the NE corner and one at the SE corner With construction of this project, all corners of this intersection will have ADA ramps. 2. South State Street at Clay Street $5,000 two ramps, one at the NE corner and one at the SE corner With construction of this project, all corners of this intersection will have ADA ramps. 3. South State Street at Luce Avenue $2,000 one ramp at the end of the existing crosswalk opposite Luce Avenue This ramp will provide access to the MTA bus stop on the east side of South State Street. 4. South Dora Street at Observatory Avenue $2,500 one ramp at the NE corner With construction of this project, all corners of this intersection will have ADA ramps. 5. South Dora Street at Clay Street $3,500 one ramp at the NE corner This ramp will provide access between School Valley High School on the south side and McGarvey Park on the north side. Subtotal $19,500 10% Engineering $1,950 15% Inspection & Contract Administration TOTAL $ 2,925 $24,375 P, 2- ATTACHMENT "A" CWtC CENIT-R ¥0~30 $c~OOt- CITY OF UKIAH DEPARTMENT OF PUBLIC WORKS 300 SEMINARY AVENUE, UKIAH, CA 95482-5400 SCALE: NONE BICYCLE AND PEDESTRIAN APPLICATION ADA CURB RAMPS - PHASE 3 I ORAWNBY: I DATE: I REVISED:I DRAWING NO ember 5, 1998 Gordoll 1,ogan, Willils Cilv Manager Candacc t lorslcy, Ukiah City Manager Phil l)ow, MCCKi Staff "'/ 1998/99 l~ike & Pedestrian Funds I am pleased Io nolil'y you lhat at their meeting of November 2, 1998, the Mendocino Council o f ~ iox, crllmcl~ts voted Io approve llle Technical Adx. isory Comlnillec' s i-ccol~lncmlaliol~ Io award 1998/99 l~ikc & i~cdestrian funds as Ibilows: Ap_p_l Cilv of Willils Sid'ewalk Construclion/So. Main - Phase 3 Cily oftlkiah AI3A Curb l~,amps - l"lmsc 3 Total Awarded $18,3O0 $40,3O6 Please d~ your best to c,~mplcte these projects and claim l\~nding by Jui~e, 1999. Foci free to conlacl me at 463-1806 if you have any questions. ,'le Mary 1 liatt, Executive Secretary Mike Mullen, City of Willits (TAC) Rick Kennedy, City ol Ukiah (q'AC) ; SB325 Reimbursement (LTF) FUND - FUND #340 Bud.qeted amounts: $ Beginning fund balance 7/1/98 $ ~,evenue budgeted $ Expense budgeted Transfers budgeted $ 32,167 Budge._____ted ending fund balance 6/30/99 Adiustments made durin.q the fiscal year_'. 73,167 26,000 (67,000) Date Approved 7/1/98 Change in beginning fund balance per audit 5/5/99 ADA curb ramp project 5/5/99 Revenue through MCOG for ADA curb ramp project Account No. $ 39,416 340.9649.250.000 $ (22,006', 340.0600.490.013 $ 22,006 ~,evised ending fund balance 6/30/99 $ 71,583 RESERV99.XLS 4~28~99 Page 1 Fund 340; 341; 345; 361; 400 AGENDA SUMMARY ITEM NO. 6e DATE: MAY 5, 1999 REPORT SUBJECT: APPROVAL OF CONTRACT WITH WITTMAN ENTERPRISES FOR AMBULANCE BILLING SERVICES In late March the Fire Department was notified by it's current ambulance billing service, Upper Management, Inc., that effective May 15, it was going out of the billing business. This notice has not allowed time to conduct a complete formal bidding process and any interruption in the submittal of ambulance bills can have a substantially negative affect on collections. The industry is very complex and staff could not complete the necessary tasks in house. We are not aware of any local individuals or firms qualified to complete this type of activity. Fortunately, staff was already in the process of evaluating the services presently furnished and reviewing the field of other billing providers. Wittman Enterprises of Sacramento has submitted a proposal to supply the required services and has indicated the ability to commence prior to May 15. Wittman currently bills for 35 other fire departments, including Marin and Sacramento Counties, and through reference checks, staff has received excellent reports of the company's operations. Adequate funds are budgeted to accommodate the contract expense which is proposed to be 7.75% of the collected monies. In anticipation of the need to continue the required services, the City Attorney is discussing a one year contract with Wittman based upon its September 28, 1998 letter of intent. This time frame would meet the urgency of the pending termination of service and allow adequate opportunity to continue the evaluation and formal bid process. RECOMMENDED ACTION: Approve a One Year Contract with Wittman Enterprises for Ambulance Billing Services and Authorize City Manger to Execute Agreement Prepared by the City Attorney. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine a different billing service is more qualified and able to provide uninterrupted service, and approve contract with it. 2. Determine ambulance billing services are to be provided by City Staff, do not approve contract, and authorize City Manager to prepare plan and budget amendment for Council approval to hire additional staff and purchase necessary support materials to complete the required tasks. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: NA Roe M. Sandelin, Fire Chief Dean Hutton, Battalion Chief Candace Horsley, City Manager 1. September 28, 1998 letter proposal from Wittman Enterprises, pages 1-5. APPROVED:~~'_ mfh:asrcc99 Candace horsley, Gitl 0505AMB Manager Enterprises Comprehensive A Billing & C,.m,~ul!i. zg Sci'?icc September 28, 1998 Battalion Chief Dean Hutton City of Ukiah Fire Department 300 ~ ..nnnary Avenue Ukiah, Ca 95482-5400 Dear Chief Hutton: Thank you for the opportunity to propose to your depar~ent, full billing and collection services. We have completed our review and analysis of the information sent to us and are prepared to propose the following rates. I am enclosing a sample Appendix A that is typical of our contracts. Ad hoc reports are also provided for no additional charge. Per ticket fee: Percentage: $17.75per transport 7.75% of collected dollars minus any refunds In answer to your questions regarding Medicare denials, there is no easy answer. National Heritage Insurance Company, your Medicare carder, has'been interpreting HCFA guidelines most conservatively. They are denying many 911 calls as well as the non-emergency transfers. The California Ambulance Association is directly challenging this practice by face to face meetings with NHIC's Medical Director and HCFA representatives as well as congressman Thomas' office this week. We are hoping that as we point out the errors of this conservative adjudication, we will gain support form HCFA and the legislative branch. In the meantime, I do not think it a good idea to establish a gurney-van rate unless you can be sure that BLS is not the appropriate level of transport. Yes Medicare could question the practice and would make the argument that more BLS calls should be gumey-van in their present state of mind. I do not believe the collection rate would necessarily improve, as most Medicare patients will have a problem paying the $100. Let's wait this present crisis out. As far as our proposal stands, if you decide to take on this level of service, we will not change our rate. You also asked about a local collection agency. I do not remember if I gave you the following information or not. Robert Tavaelli of North Coast Collections 707 528 4006. P.O. Box 269110 Sacramento, CA 95826-9110 (916) 381-6552 (800) 772-6552 FAX (916) 381-5047 email webillamb~?aol.com Thanks for your patience in waiting for this response. Timing is everything and these last two weeks have been most demanding. I will be in the office most of the rest of this week, but then I will be on vacation the week of October 5t'~. Please ask for Corinne if you have any unanswered questions that week. My best regards, Dona Wittman WITTMAN ENTERPRISES 21 Blue Sky Court Suite A, Sacramento, CA 95828 (916) 381-6552 (800) 772-6552 AMBULANCE SERVICE Appendix A I. Private Billing Wittman Enterprises to prepare all invoices and follow-up mailings. Initial invoicing with both English and Spanish instructions will be on 8Xll billings and ~vill be placed in envelopes, sealed and mailed, postage prepaid. Initial invoicing occurs within three (3) days of receipt of transport tickets. Toll Free 800 telephone number provided to patients. An initial telephone call will also be made at this time to elicit any insurance information from the patient or patient's family. If we receive no answer on this call, Wittman's will send an inquiry letter in addition to the initial invoice. The standard bill schedule is as follows: Private Bill Schedule 1. Invoice 2. Statement 3. Past Due 4. Final Demand Immediately 30 days 20 days 10 days II. Medicare, Medi-Cal, Medi-Medi Wittman Enterprises to prepare all invoices and electronically convey to Medicare and Medi- Cal fiscal intermediaries. All secondary and coinsurance billing transferred to the appropriate secondary pay source and promptly billed to that source. III. Workers' Compensation and Private Insurance Wittman Enterprises to bill private insurance, supplemental insurance, secondary insurance and Workers' Compensation billed according to specific requirements. Electronic billing of insurance companies is performed where appropriate. Any correspondence for additional information or follow up necessary to secure insurance payments will be performed by Wittman Enterprises. IV. Delinquent Claim Handling Patients with claims aging over 45 days will be contacted by telephone for payment arrangements. Telephone follow up will continue until payment in full is received or account is dismissed by the ambulance company to an outside collection agency. Wittman Enterprises will utilize installment billing as allowed by the ambulance company in cases of f'mancial hardship. V. Receipts Processing  ma~F~nterpr~es will/receive d~ect pa~nent, pos~)6g agd depositi~ cas~receip~ within (1/Yday,of//r.eceipt..~...ank d/olSosit :~eip_*~ ~vill~e faffed to the~mb~dance c~/mpany/. ~Vitt/~han En~erprises)~hall hav~ao access to the p,r(~ceeds/of the receipts. ,/all fund~/are un~r the~xclusiv6 controb6f the ambulanc~company/ ~ Wittman Enterprises will receive copies of payments deposited by the ambulance company and post those payments to the correct patient account within one (1) day of receipt. VI. Reports Monthly, Wittman Enterprises will perform accurate month end close procedures which will result in the following reports: Monthly Ticket Survey Monthly Sales Journal Monthly Cash Receipts Journal Monthly Receivables Aging Management A/R Analysis Statistical Reports customized to client needs VII. Provider Respon$ibilitie~ Submit necessary transport information, including pay source information and patient condition, to Wittman Enterprises for billing purposes. · Forward to Wittman Enterprises all necessary information relating to patient transports services, payments and patient eligibility. · Notify Wittman Enterprises of any accounts that require special attention. · Obtain signature of patient or guardian. · Provide patient's Social Security Number 2 VIII..Source Documen~ Wi~man Enterprises will retain all source documents including attachments for six (6) years. Widen service contracted is terminated, all source documents are returned to the ambulance company. 3 ITEM NO. 6 £ DATE' May 5. 1999 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF CONTRACT FOR LANDSCAPE OBSERVATORY PARK WITH SANGIACOMO LANDSCAPE DESIGN SERVICES FOR In 1992 the City of Ukiah acquired the property known as the Observatory Property from the Department of Interior through the Federal Surplus Lands to Parks Program. Since that time the property h'as been utilized by a number of community groups and neighbors for public gardens and walking. A caretaker has also occupied the house fronting Observatory Street since the city's assumption of ownership. The only caveat to obtaining the property is the requirement that the City design and construct a public park on the site. In order to comply with this requirement and proceed with the design and landscape installation of Observatory Park staff issued a Request for Proposals (RFP) for design services. The RFP was issued to the four local firms with the appropriate licensing for landscape design. The four firms included Green Lion Landscape, Sangiacomo Landscape, Creative Landscaping, and Lorenzi Landscaping. Of the four firms identified only Sangiacomo Landscape responded with a bid. R~ECOMMENDED ACTION' Approve contract with Sangiacomo Landscape for design of Observatory Park, including installation of irrigation and hydroseeding in the amount of $25,000. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine that approval of contract for design of Observatory Park is inappropriate at this time and remand to staff with direction. 2. Determine that design of Observatory Park is inappropriate at this time and move to deny contract. Citizen Advised. N/A Requested by: N/A Prepared by: Larry W. DeKnoblough, Community Services Director Coordinated with: Candace Horsley, City Manager Attachments. 1. Request for Proposals 2. Sangiacomo Bid LD4 Candace Horsle~;~ C~ty Manager OBSERV.ASR The bid submitted is included in this report as Attachment #1 and is in the amount of $25,000. Services in the bid include complete design of the 79,900 square foot property and installation of irrigation and hydroseeding of the 43,000 square foot lawn area. The basic design of the park is intended to be a passive neighborhood park emphasizing Iow impact amenities such as walking paths and seating. It is also intended to highlight the historical significance of the property by enhancing use of the Observatory structures for community education in astronomy and local history. This preliminary design concept was arrived at through a series of meetings on the site with the entire neighborhood and subsequent ad hoc neighborhood committee meetings. Staff has requested the lawn area be included in this original contract in order to safely open the property for public access. Should the Council approve the contract, the final design will be presented. 300 SEMINARY AVE., UKIAH, CA 95482-5400 · r~ . ~,~-~,2o~ · CITY ()Ii' I~KI'^II I~,I~,Q UE3T FOR I NI)S¢.~APE liE$II~N $1i~i~VICES Thc City ()1' llkiali is soliciling lm)l)osals for la~l(Iscal)e design services for IIle (lcsig~ ()1' an al)l)roximalcly 1 i,0()0 Sfl~m,-c l'(')ol park facilily IOCalc(! al d32 Obscrwilory Avc~me. A(ltlili(mal ~ilisceilail¢ous Im~dSCal)e (l~,sil.,.n C(~ll:~lli~lg service,<; ~nay ;dso 1)c ~'C(l~¢sled. lncll~(lc(I i~l Ihis (l()cmllcnl is inl'o~nali(m oil In)w, wlwn, tl~l(l wl~cm I(~ re~l(Icr mid (Iclivcr a lm)i)()sal. Il. ~.' ), · · 1. U).l e~zLI/~sc r~l~l_toj~ 'l'hc Cily o1' tJkiah is intending Io co~slrucl a~ aiqm~ximal, ely 11,000 square fi~ot Imv inlcnsily l'm~'k facilily c(msisling i~i~nm ily of Ol~Cn space willl pc~ i~nclcr walk palh. Addilional pm'k anlcnilics may incl~dc ouldoor scali~lg, i~{livi(l~}al cxc~'cisc slalhuls, ;l~(I low nmi~ll('~ancc ImldSCal~C areas. Rclcnlion o['cxisli~}g Irccs is a i>riul ily. Ho slmcltll'CS or play [[rotu,! lhcililics are i~clmlcd in lira design. 'l'l~c lmLjcct budget is iiinilcd Ioa ~imxi~ltl~ll of $25,11(1() inclu{liilg conslmclion ~uld design. 'l'his projccl will be coordinalcd by Ihe Commmfily Services l)cparlmcnt of the Cily of Ukiah. Any qt~cslions should be direcled to: Larry DcKnoblough, Dircclor of Communily Services. Telephone: d63-6221 IV. l'.u}p, mal.Rex~tfiremenls A. Ali proposals are Io be delivered by 5:(10 p.m. March 12, 1999 1o lhe: Cily of Ukiah Allenlion: Cily Clerk 300 Sen~imu'y Avenue Ukiah CA 95482 B. Ali proposals slmll provide a (tuolc fi>r scrviccs on a time and malcHals basis, name of finn i~mlmling conlacl person, address and phone mm~ber, ami a slalc~nc~fl, of qualilicalinns lisling at lcasl live ~()st r(:(:c~l i)~t[jccls tlcn]t)~slrali~g CXl)C~ icncc si~]ilar i~ size ami scope ()f II~c l)rlti(:cl, l)ml)()se(I i~l lhis Ill:IL 'l'he s~(:(:css/i~l ~q~l)lica~}l will I)c re(lulled Io i)mvi(Ic Im)ol'()l' insm'ancc li)r al Icasl $1 J)()O,()()O liul)ilily coverage ;n~(I weal<ers cof~l)C~Salit)n (if al)lflical)ic)' C. All al)plicanls shall be cun'cntly licensed by lira Slalc el'California and possess a valid Cily of Ukiah ll~lsi~css l.iccnse. Thank you l'or yom' interest in xvorking with II~c Cily of Ukiah. 1.1)2 OIISERVID{i.1~ "We Are Here To Serve" Sangiacomo Landscape 3150 Guidiville Rd. Ukiah, Ca. 95482 (707) 468-0747 City of Ukiah Proposal for Observatory Park To design an approximately 79,900 square foot low intensity park facility located at 432 Observatory Ave. to be constructed in phases based on allowable projected expenditures present and future. Park design to include 43,000 square foot plus or minus open lawn area with a perimeter red sand walking path and the recon- ditioning and extension of existing asphalt path for handicap access. Furthermore, this asphalt path will provide easy access for emergency vehicles and maintenance equipment. Design will contain an irrigation layout for lawn and low main- tenance landscape areas. Additional park amenities to be in- cluded are outdoor seating, receptacles, drinking fountain, bike racks, a physical fitness course and monument(s) in recog- nition to the parks historical significance. In closing, we envision a passive neighborhood park with a National historical distinction for the entire community. We look foward to the possibility of working with the City of Ukiah to make Observator~ Park a reality. The following list demonstrates our recent design and install- ation experience that is comparable to the scope of this pro- posed park project. Designed and installed: Ukiah Conference City parking lot. BLM grounds on North State Street. LP grounds on Hollow Tree Road. Complete residence of Mr. and Mrs. Tannant and adjoining Inlaw grounds. Two hillside vineyards one: 2½ acres and the other 1 acre plus. Thank-you for your consideration, Bill Sangiacomo, Sangiacomo Landscape SANGIACOMO LANDSCAPE L~c 36?676 3:].50 Guidiville Rd. Ukiah, CA 95482 [ 707] 468-0747 , .-,,- I ~nd 18~or - complete in accordance with specifications WE ~OPOSE hereby ~ furnish materi~ below for the m of: Payment to be m~ e as-~ows. - ...... ', -- ~ dollars Chant workmanlike manner according (o standarU practices. Any alteration or deviation from specifications below involving extra Gost8 will be executed only upon wrilten orders, and will become an extra charge over and above :C°ntracto~ the estimate. All agreements contingent upon strikes, accidents or delays Note Th~s prooosatmay be beyond our control. .. withdrawn by us tf not accepted w,th[n All underground I~nes. pipes, electrical lines, etc. shall be listed and marked appropriately and attached to this proposal. Sangiacomo Landscape w,II not be held liable for any damages i, this. attachment ~s not prowded -3- Contractor's State License Board. Any questions concerning a conlractor may be referred to the registrar of the board whose address is: Contractors' State License Board. 1020 N Street. SacramCqto. California 95814. ITEM NO. 8a DATE: MAY 5, 1999 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF ORDINANCE AMENDING DIVISION 6, CHAPTER 3, ARTICLES I AND 2, AND CHAPTER 6 OF THE UKIAH MUNICIPAL CODE, ENTITLED, RESPECTIVELY, FIRE PREVENTION CODE AND OUTDOOR BURNING CODE At the April 21, 1999 City Council meeting the ordinance adopting the 1998 edition of the California Fire Code and related provisions was introduced by a unanimous vote of the three Councilmembers present. Adoption of the ordinance is now before the Council. RECOMMENDED ACTION: Adopt Ordinance Amending Division 6, Chapter 3, Articles 1 and 2, and Chapter 6 of the Ukiah Municipal Code, Entitled, Respectively, Fire Prevention Code and Outdoor Burning Code ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine the California Fire Code is not to be the City's code and do not adopt ordinance. 2. Determine ordinance requires modifications, identify necessary changes, and adopt revised ordinance. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: NA NA Bruce Evans, Fire Marshall Roe Sandelin, Fire Chief, David Rapport, City Attorney, and Candace Horsley, City Manager 1. Ordinance for adoption, pages 1-13. APPROVED:.. ;; ~ Candace Horsley, Cityl Manager mfh;asrcc99 0505FIRE ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING DIVISION 6, CHAPTER 3, ARTICLES 1 AND 2, AND CHAPTER 6 OF THE UKIAH MUNICIPAL CODE, ENTITLED, RESPECTIVELY, FIRE PREVENTION CODE AND OUTDOOR BURNING. FINDINGS: THE CITY COUNCIL of the City of Ukiah finds as follows' 1. The City of Ukiah experiences hot summers with temperatures often exceeding 100 F. and no rainfall typically from May through October. These hot, dry summer conditions create above average fire hazard conditions which may readily deplete emergency resources. 2. The City of Ukiah is geographically isolated from adequate sources of mutual aid in the event of large single- and multi-story structure fires which may occur in areas . 3. The City of Ukiah is geographically and topographically diverse with structures located in both flat, predominantly urban settings and in steep, hillside settings in close proximity to densely wooded and grassy wildlands. The proximity of wildlands adds to the hazardous fire conditions that typically prevail from May through October. 4. and the in of provision As wet!., the mom with:in Code. The Fire for commercial occupancies, extinguishing systems in in above,grou references. require automatic tim plants, liquids of terms and Accordingly, the City Council of the City of Ukiah does hereby ordain as follows- SECTION ONE Sections 5200, 5202, and 5211 through 5223 of the Ukiah Municipal Code are hereby amended to read as follows: §5200: ADOPTION OF THE CAE!FO'RNIA FIRE CODE: Adoption of the CalifO!rRia' Fire C0de, -1-994 1998 edition of the California Fire Code, including all Appendices, Standards and References, inclusive, as Compiled and published by the International Fire Code Institute, International Conference of Building Officials and the Western Fire Chief's Association Inc. This adOPtion Shall include all a , Title issi°n, and referred to i id Fire COde, three copies of which have 98 CFC Pg. 1 been filed for use and examination by the public in the office of the City Clerk, is hereby referred to, and, except as to omission, amendments and additions hereinafter noted, is hereby adopted and made a part hereof, as if fully set forth in this article. §5202' ENFORCEMENT: A. The Oaliforhiia Fire Code (~!FC) herein adopted shall be enforced by the Chief of the Fire Department of the City of Ukiah who is hereby appointed to supervise the bureau of fire prevention and such regularly employed members of said Department as are appointed by the City Manager in accordance with the applicable provisions of the ~li~o~i!a Fire Code. B. Section 103.3.1 Of the Celifomia Fire Code is amended by adding subsection 103.3.1.4 thereto as follows: Section 103.3.1.4 - Self-Inspection Program For the purpose of providing and maintaining functions necessary for the prevention of fire and for the protection of life and property from fire and panic, there is hereby established a "Self-Inspection Program" assuring that certain California BUiidii~g ~de (~BC~ Grou~p B, F, H, M, and S occupancies within the City are inspected on an annual basis for fire safety. The Ukiah Fire Department shall deliver, by hand or by mail, "Self-Inspection Worksheet" and "Business and Emergency Record" forms as established from time to time by said department to certain CBC Group B, F, H, M, & S occupancies within the City on an annual basis, or aS may be i~itiated thmugh the Business C, The owner or manager of said occupancy or person in highest authority in said occupancy shall be allowed thirty (30) days from issue date, as noted on the Self- Inspection Worksheet, in which to conduct an inspection for fire safety, correct any deficiencies, complete said forms, and return completed forms to the Ukiah Fire Department as directed by the Fire Chief or his designee. Any person who fails to comply with the requirements to return said forms duly completed and to correct the deficiencies noted in said occupancies within thirty (30) days of the issuance of said forms shall be guilty of an infraction. Except as expressly provided elsewhere in this Code, any person, firm or corporation, whether as principal, agent, employee, tenant, owner or otherwise, violating or causing the violation of any of the provisions of this chapter, shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than One Thousand ($1,000) Dollars. 98 CFC Pg. 2 §5211' Section 105.3: Section 105.3 of the California Fire Code is amended to read as follows: Section 105.3 - Application for Permit. All applications for a permit required by this code shall be made to the bureau of fire prevention in such form and detail as it shall prescribe. Applications for permits shall be accompanied by such plans as required by the bureau. The City Council may establish, by resolution, fees for permit applications. §5212: Section 207: Section 207 of the California Fire Code is amended by changing the reference source for non-defined terms, and by adding a definition of FIRE LANE thereto as follows: Section 207: FIRE LANE is that portion of an access roadway reserved for emergency vehicles and for the conduct of fire-fighting or rescue operations, or as designated by the Fire Department and posted in accordance with Section 22500.1, California Vehicle Code. §5213: Section 902.2.4.1- Section amended to read as follows: 902.2.4.1 of the California Fire Code is Section 902.2.4.1 - Obstruction and control of fire apparatus access. General. The required width of any fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established under section 902.2.2.1 shall be maintained at all times. No owner, lessee of the land or proprietor, partner, officer, director, manager, or agent of any business or other activity carried on upon the land shall, after receiving notice thereof, permit or otherwise allow, and no person shall cause any activity, practice or condition to occur or exist, or continue to exist, upon said land which shall lessen, obstruct or impair the access required under this code. Entrances to roads, trails or other accessways which have been closed with gates and barriers in accordance with Section 902.2.4.2 shall not be obstructed by parked vehicles. §5214: Section 901.4.2: Section 901.4.2 of the California Fire Code is amended to read as follows: Section 901.4.2 - Signs. When required, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both. "NO PARKING" signs shall comply with the provisions of the California Vehicle Code. Where curbs exist adjacent to hydrants located along private accessways, the curbs shall be painted red or otherwise 98 CFC Pg. 3 appropriately marked by the developer, owner, lessee or other person in charge of the premises to prohibit parking for a distance of fifteen (15) feet in either direction from any such hydrant. In such cases where curbs do not exist there shall be appropriate markings painted on the pavement, or signs erected or both fifteen (15) feet from any such hydrant. ' ' §5215: Section 1001.2: Section 1001.2 of the California Fire Code is amended to read as follows: Section 1001.2 - Definitions. For the purpose of this article, the following definitions shall apply: AREA SEPARATION WALL is an un-pierced masonry or concrete wall, including a minimum 30 inch parapet, as approved by the Building and Fire Department. CENTRAL ALARM STATION is a publicly or privately operated alarm receiving center, which is constantly attended by appropriately trained staff. COST OF WORK shall be the estimated valuation of the work to be performed as determined by the Building Department having jurisdiction. EXISTING STRUCTURE is any building in existence or for which a building permit has been issued for the construction thereof, prior to the effective date of this code. STRUCTURE is any continuous building regardless of property lines. For definitions of ALARM CONTROL UNIT, ALARM INITIATING DEVICE, ALARM SIGNAL, ALARM-SIGNALING DEVICE, ALARM SYSTEM, ALARM ZONE, ANNUNCIATOR, AUTOMATIC FIRE-EXTINGUISHING SYSTEM, FACILITY, FIRE DEPARTMENT INLET CONNECTION SMOKE DETECTOR and STANDPIPE SYSTEM, see Article 2. ' §5216: Section 1003.2.1. Section amended to read as follows: 1003.2.1 of the California Fire Code is Section 1003.2.1 - Where Required. An automatic fire extinguishing system shall be installed in the occupancies and locations as set forth in section 1003.2. For special provisions on hazardous chemicals and magnesium, and calcium carbide, see Section 1001.9 and Articles 79, 80, 81. For all occupancies except Group R-l, Group R-3 and Group U, an automatic fire sprinkler system shall be installed as follows: (1) New structures which are in excess of the maximum allowable areas as indicated on Table 1003-A for the appropriate type of construction. (2) Existing structures to which an addition creates an area in excess of the maximum allowable area as indicated on Table 1003-A for the appropriate type of construction. 98 CFC Pg. 4 (3) Existing structures with an area in excess of the maximum allowable area as indicated on Table 1003-A for the appropriate type of construction which are remodeled, added to or altered, except for ordinary maintenance and repair not involving structural alterations, when the cost of such work within any 36 month period exceeds $50,000. (4) New and remodeled structures over 30 feet in height or requiring a fire flow in excess of 2000 gallons per minute as determined by the ISO "Guide for Determination of Required Fire Flow", 1974, or those structures which require a fire flow in excess of the capability of the available water supply. Table 1003-A Type of Construction Maximum Allowable Area (in square feet) Type l F.R. 10 000 Type II F.R. 10,000 Type II l-HR 10,000 Type II N.R. 10,000 Type III l-HR 8 500 Type III N.R. 7,000 Type IV 8,500 Type V l-HR 4,000 Type V N.R. 4,000 (Types of Construction and fire ratings have the meanings as indicated in Table 5-A ofAPpe.dix ~I~E of the California Fire Code.) with the fire protection §5217: Section 1003.4: Section 1003.4 of the California Fire Code is amended by adding subsection 1003.4.1 to read as follows: Section 1003.4.1 - Separation Walls. Structures which are larger than the maximum allowable area according to Table 1003-A for the appropriate type of construction, but which are divided into spaces that are less than the maximum allowable area by approved area separation walls, need not be equipped with approved automatic fire sprinkler systems when otherwise required by Section 1003.2.1 (1), (2), (3), (4) or (5), 98 CFC Pg. 5 entry to, and §5219' §5220: (Not used) s:ecti.on 201. I of ~the California Fire COde is amended to · the When within defined and §5221' Section 7902.2.2.1. Section 7902.2.2.1 of the California Fire Code is amended to read as follows: Section 7902.2.2.1 - Locations where aboveground tanks are prohibited. The storage of class I and II flammable or combustible liquids in aboveground tanks outside of buildings is prohibited except as further provided in this section. ' EXCEPTIONS: 1. Tanks used for motor vehicle fuel dispensing when enclosed within a flammable liquid storage vault constructed in accordance with the standards set by the Fire Chief. 2. Applications involving farms and construction projects as identified section 7904.2 of the Fire Code. 3. When the storage facility is located and constructed in accordance with the following requirements and standards: A. No such tank shall be used without first securing a Fire Department permit from the Fire Chief in accordance with the procedures provided in the Uniform Fire Code. B. Tanks shall be of an approved and listed type with minimum double wall construction, consisting of an interior shell compatible with the liquid being stored and a secondary containment shell with monitoring equipment to detect leakage. The outer shell shall be constructed of steel or other approved 98 CFC Pg. 6 material. The space between the inner and outer shell shall be filled with an approved, non-combustible insulating material. The tank shall have a "two-hour" fire rating. Tanks shall be installed and maintained as recommended by the manufacturer and as required by the Fire Code. C. Tanks shall be of the horizontal type. Tank size is limited to 20,000 gallons aggregate and no single compartment of the tank hall be larger than 10,000 gallons. Each site shall be limited to 20,000 gallons tota~s D. Tank sites shall be prohibited in residential areas. Tank sites shall be accessible via an all-weather surfaced roadway, with minimum 20 foot width. Tanks shall be surrounded by not less than 150 foot clearance to any property line, building, public way, or any other feature determined by the Fire Chief to be a potential exposure to or from fire. E. The tank site shall be surrounded by security fencing (six feet high minimum) to restrict access to the tank area. Gates in the fence shall be locked except during transfer operations. Locks on gates shall provide for Fire Department access with a "Knox" brand key vault or control. Tank controls and openings shall be securely locked except during fuel transfer. Access to the tank area shall be limited to tank vehicles to on-load or off-load product and vehicles required for site maintenance. No fueling is permitted from the tank. F. The tank itself shall be mounted on a reinforced concrete slab engineered to support the full tank, extending beyond the exterior edges of the tank. The tank shall be sufficiently anchored to protect it from excessive movement during an earthquake or flood. G. The tank shall be surrounded by bollards. Bollards shall be (1) spaced at maximum four feet on center; (2) at least three feet high; (3) set in concrete to a depth equal to the height; (4) constructed of six inch diameter filled steel pipe; and (5) protected from corrosion. H. Fire extinguishers shall be located as required by the Fire Chief. I. An emergency shut-off switch shall be provided for tank pump(s) at a location approved by the Fire Chief. J. A fire hydrant capable of supplying 1000 gallons per minute shall be located between 200 and 400 feet from the containment area, adjacent to the access roadway. K. Approved Aqueous Film Forming Foam (AFFF) shall be supplied by the permittee to the Fire Department foam cache in the amount of 5 gallons foam for every 2000 gallons of storage capacity. L. A dike or berm shall surround the tank and tank vehicle transfer area. It shall be of sufficient size and depth to contain the total amount stored at the site. There shall be facilities to drain rain water from the containment area. No vegetation, combustible materials, drums or barrels are permitted within the containment area. M. Transfer hoses shall have check valves at both ends which prevent product flow unless hose is attached at both ends. §5222: (Reserved) 98 CFC Pg. 7 §5223: Section 7902.2.2.1.1. Section 7902.2.2.1.1 California Fire Code to read as follows: is hereby added to the Section 7902.2.2.1.1 - Existing Storage Locations. All existing storage for Class I and II flammable or combustible liquids in aboveground tanks in the City shall meet all requirements of this ordinance and the code provisions adopted hereunder. Storage tanks that, in the opinion of the Fire Chief, pose an unreasonable risk or fire hazard and do not comply with said requirements shall be removed within one year of written notice from the Fire Department. §5224: Section 7904.4.1.1. Section 7904.4.1.1 is hereby added to the California Fire Code to read as follows: Section 7904.4.1.1 - Location of Bulk Plants. No bulk plants shall be constructed within the City limits of the City of Ukiah, except if constructed in accordance with section 7902.2.2 1 of the California Fire Code. · §5500' Section 1102.3. Repealer. California Fire Code Section 1102.3 is repealed and the regulations of this chapter of the Ukiah Municipal Code shall govern outdoor burning. SECTION TWO: This Ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. SECTION THREE: This ordinance shall become effective 30 days after its adoption. vote: INTRODUCED by title only on the 21st day of April, 1999 by the following roll call AYES: NOES: ABSENT: ABSTAIN: Councilmember Libby, Councilmember Baldwin, Mayor Mastin None Councilmember Ashiku None 98 CFC Pg. 8 PASSED AND ADOPTED on this 5th day of May, 1999 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: JIM MASTIN, MAYOR MARIE ULVILA, CITY CLERK 98 CFC Pg. 9 1998 CALIFORNIA FIRE CODE APPENDIX VI-E OCCUPAN; GROUP4 TABLE 5-A--EXTERIOR WALL AND OPENING PROTECTION BASED ON LOCATION ON PROPERTY FOR ALL CONSTRUCTION TYPES1,2,3__(continued EXTERIOR WALLS Bearing I Nonbearing OPENINGSs ¥ CONSTRUCTION Distances ere me._=_sured to property lines (see Section 503). TYPE -- x 304.8 for mm Ii One-hour Two-hour N/C less than 5 feet Same as bearing except NE, N/C 40 - Not permitted less than 5 feet One-hour N/C elsewhere feet or greater Protected less than l 0 feet II-N Two-hour N/C less than 5 feet Same as bearing Not permitted less than 5 feet One-hour N/C less than 20 feet NR, N/C elsewhere Protected less than 10 feet III-N Four-hour N/C Four-hour N/C less than 5 feet Not permitted less than 5 feet Two-hour N/C less than 20 feet Protected less than 20 feet One-hour N/C less than 40 feet NR, N/C elsewhere V One-hour Two-hour less than 5 feet Same as bearing Not permitted less than 5 feet One-hour elsewhere Protected less than 10 feet V-N Two-hour less than 5 feet Same as beating Not permitted less than 5 feet One-hour less than 20 feet NR elsewhere Protected less than 10 feet Il One-hour One-hour N/C Same as bearing except NR, N/C 40-- Protected less than l0 feet feet or greater II-N One-hour N/C less than 10 feet Same as bearing Protected less than 10 feet NR, N/C elsewhere III-N Four-hour N/C Four-hour N/C less than 5 feet Not permitted less than 5 feet Two-hour N/C less than 20 feet Protected less than 10 feet One-hour N/C less than 40 feet NR, N/C elsewhere _ V One-hour One-hour Same as bearing Protected less than 10 feet V-N One-hour less than 10 feet Same as beating Protected less than 10 feet NR elsewhere I-ER. Four-hour N/C less than 5 feet Four-hour N/C less than 5 feet Not permitted less than 5 feet II-ER. Two-hour N/C elsewhere Two-hour N/C less than 20 feet Protected less than 20 feet III One-hour III-N One-hour N/C less than 40 feet IV-H.T. NR, N/C elsewhere II One-hour One-hour N/C Same as bearing except NR, N/C 40 Not permitted less than 5 feet feet or greater Protected less than 10 feet II-N3 One-hour N/C less than 20 feet Same as bearing Not permitted less than 5 feet NR, N/C elsewhere Protected less than 10 feet V One-hour One-hour Same as bearing Not permitted less than 5 feet Protected less than l 0 feet V-N One-hour less than 20 feet Same as bearing Not permitted less than 5 feet NR elsewhere Protected less than 10 feet I-ER. Four-hour N/C Four-hour N/C less than 5 feet Not permitted less than 5 feet II-ER. Two-hour N/C less than 20 feet Protected less than 20 feet III One-hour One-hour N/C less than 40 feet III-N IV-H.T. NR, N/C elsewhere II One-hour Two-hour N/C less than 5 feet Same as bearing except Not permitted less than 5 feet One-hour N/C elsewhere NR, N/C 40 feet or greater Protected less than 10 feet II-N Two-hour N/C less than 5 feet Same as bearing Not permitted less than 5 feet One-hour N/C less than 10 feet I NR, N/C elsewhere Protected less than 10 feet V One-hour Two-hour less than 5 feet Same as bearing Not permitted less than 5 feet One-hour elsewhere Protected less than 10 feet V-N Two-hour less than 5 feet Same as bearing Not permitted less than 5 feet One-hour less than 10 feet Protected less than l0 feet NR elsewhere A-3 A-4 B F-I M S-l, S-3 E-I E-27 E-37 (Continued) B B B B B B B B B B B B B B B B B B B B B B B B B B B B ---tO-- 1-341 APPENDIX VI-E 1998 CALIFORNIA FIRE CODE B B B TABLE 5-A--EXTERIOR WALL AND OPENING PROTECTION BASED ON LOCATION ON B B PROPERTY FOR ALL CONSTRUCTION TYPESl,2,3~Continued, ~ EX~-E. RIO R WALLS B Bearing I NonbeaHng OPENINGSs BB OCCUPANCY CONSTRUCTION Distances are measured to property lines (see Section 503). B GROUP4 TYPE B x 304.8 for mm B l-ER. Four-hour N/C less than 5 feet Four-hour N/C less than 5 feet Not permitted less than 3 feet B ii-ER. Two-hour N/C elsewhere Two-hour N/C less than 20 feet Protected less than 20 feet BB III One-hour One-hour N/C less than 40 feet B III-N B NR, N/C elsewhere B IV-H.T. B a II One-hour One-hour N/C Same as bearing Not permitted less than 5 feet ~ F-2 NR, N/C 40 feet or greater Protected less than 10 feet B S-2 II-N3 One-hour N/C less than 5 feet B Same as bearing Not permitted less than 5 feet B NR, N/C elsewhere B Protected less than 10 feet R V One-hour One-hour Same as bearing B Not permitted less than 5 feet B B Protected less than 10 feet B V-N One-hour less than 5 feet Same as bearing Not permitted less than 5 feet B NR elsewhere B ,, Protected less than l0 feet B I-ER. Four-hour N/C BB NR N/C Not restricted3 II-ER. B B 1I One-hour One-hour N/C NR N/C 15 Not restricted3 15 II-N NR N/C  H- 123 Same as bearing Not restricted3 111 One-hour 3 III-N 5 IV-H.T. Group H, Division I Occupancies are not allowed in buildings of these construction types. 5 V One-hour t V-N ! I-ER. Four-hour N/C Four-hour N/C less than 5 feet Not permitted less than 5 feet ! Il-ER. Two-hour N/C less than 10 feet Protected less than 20 feet I Ill One-hour One-hour N/C less than 40 feet lll-N IV-H.T. NR, N/C elsewhere Il One-hour Four-hour N/C less than 5 feet Four-hour N/C less than 5 feet Not permitted less than 5 feet Two-hour N/C less than l0 feet Two-hour N/C less than 10 feet Protected less than 20 feet H_22,3 One-hour N/C elsewhere One-hour N/C less than 20 feet H_32,3 NR, N/C elsewhere H_43 ll-N Four-hour N/C less than 5 feet Same as bearing Not permitted less than 5 feet H-6 Two-hour N/C less than 10 feet Protected less than 20 feet H-7 One-hour N/C less than 20 feet NR, N/C elsewhere V One-hour Four-hour less than 5 feet Same as bearing Not permitted less than 5 feet Two-hour less than 10 feet Protected less than 20 feet One-hour elsewhere V-N Four-hour less than 5 feet Same as bearing Not permitted less than 5 feet Two-hour less than l 0 feet Protected less than 20 feet One-hour less than 20 feet NR elsewhere I-ER. Four-hour N/C Four-hour N/C less than 40 feet Protected less than 60 feet Il-ER. One-hour N/C less than 60 feet Ill One-hour NR, N/C elsewhere llI-N IV-H.T. II One-hour One-hour N/C Same as bearing, except NR, Protected less than 60 feet H-52 N/C 60 feet or greater ll-N One-hour N/C less than 60 feet Same as beating Protected less than 60 feet NR, N/C elsewhere V One-hour One-hour Same as bearing Protected less than 60 feet V-N One-hour less than 60 feet Same as bearing Protected less than 60 feet NR elsewhere I-i. I I-ER. Four-hour N/C Four-hour N/C less than 5 feet Not permitted less than 5 feet !-1.2 Il-ER. Two-hour N/C less than 20 feet Protected less than 20 feet I-2 I-3 One-hour N/C less than 40 feet NR, N/C elsewhere Ii One-hour Two-hour N/C less than 5 feet Same as bearing except Not permitted less than 5 feet !- 1. I One-hour N/C elsewhere NR, N/C 40 feet or greater !-1.2 Protected less than 10 feet !_32 V One-hour Two-hour less than 5 feet Same as beating Not permitted less than 5 feet One-hour elsewhere Protected less than l0 feet (Continued) 1-342 1998 CALIFORNIA FIRE CODE APPENDIX VI-E TABLE 5-AmEXTERIOR WALL AND OPENING PROTECTION BASED ON LOCATION ON PROPERTY FOR ALL CONSTRUCTION TYPES1,2,3--(Continued, EXTERIOR WALLS Bearing J Nonbearing OPENINGSs OCCUPANCY CONSTRUCTION Distances are measured to property lines (see Section 503). GROUP4 TYPE x 304.8 for mm I-l.l II-N 1-l.2 III-N I-2 V-N These occupancies are not allowed in buildings of these construction types.6 1-3 I-3 IV-H.T. Group I, Division 3 Occupancies are not allowed in buildings of this construction type. I-1. l Ill One-hour Four-hour N/C Same as bearing except Not permitted less than 5 feet I-l.2 I-2 NR, N/C 40 feet or greater Protected less than 20 feet 1-3 I-I. 1 IV-H.T. Four-hour N/C Same as bearing except Not permitted less than 5 feet I-1.2 1-2 NR, N/C 40 feet or greater Protected less than 20 feet II One-hour One-hour N/C Same as bearing except Not permitted less than 5 feet I-2 NR, N/C 40 feet or greater Protected less than 10 feet V One-hour One-hour Same as bearing Not permitted less than 5 feet · " Protected less than 10 feet I-ER. Four-hour N/C less than 3 feet Four-hour N/C less than 3 feet Not permitted less than 3 feet II-ER. Two-hour N/C elsewhere Two-hour N/C less than 20 feet Protected less than 20 feet Ill One-hour One-hour N/C less than 40 feet lII-N NR, N/C elsewhere IV-H.T. II One-hour One-hour N/C Same as bearing except Not permitted less than 5 feet R- 1 NR, N/C 40 feet or greater II-N One-hour N/C less than 5 feet Same as bearing Not permitted less than 5 feet NR, N/C elsewhere V One-hour One-hour Same as bearing Not permitted less than 5 feet V-N One-hour less than 5 feet Same as bearing Not permitted less than 5 feet NR elsewhere I-ER. Four-hour N/C Four-hour N/C less than 3 feet Not permitted less than 3 feet II-ER. Two-hour N/C less than 20 feet Protected less than 20 feet III One-hour One-hour N/C less than 40 feet III-N NR, N/C elsewhere IV-H.T. II One-hour One-hour N/C Same as bearing except Not permitted less than 3 feet R-3 NR, N/C 40 feet or greater II-N One-hour N/C less than 3 feet Same as bearing Not permitted less than 3 feet NR, N/C elsewhere V One-hour One-hour Same as bearing Not permitted less than 3 feet V-N One-hour less than 3 feet Same as bearing Not permitted less than 3 feet NR elsewhere I-ER. One-hour N/C less than 10 feet Same as bearing Not permitted less than 5 feet II-ER. NR, N/C elsewhere Il One-hour Protected less than l0 feet II-N3 S-4 III One-hour llI-N IV-H.T. Group S, Division 4 open parking garages are not permitted in these types of construction. V One-hour V-N I-ER. Four-hour N/C less than 5 feet Four-hour N/C less than 5 feet Not permitted less than 5 feet II-ER. Two-hour N/C elsewhere Two-hour N/C less than 20 feet Protected less than 20 feet Ill One-hour One-hour N/C less than 40 feet Ill-N NR, N/C elsewhere IV-HT Il One-hour One-hour N/C Same as bearing except NR, N/C 40 Not permitted less than 5 feet S-5 feet or greater Protected less than 20 feet ll-N3 One-hour N/C less than 20 feet Same as bearing except NR, N/C 40 Not permitted less than 5 feet NR, N/C elsewhere feet or greater Protected less than 20 feet V One-hour One-hour Same as bearing Not permitted less than 5 feet Protected less than 20 feet V-N3 One-hour less than 20 feet Same as bearing Not permitted less than 5 feet NR elsewhere Protected less than 20 feet (Con tinued) B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B 1--343 APPENDIX VI-E 1998 CALIFORNIA FIRE CODE TABLE 5-AtEXTERIOR WALL AND OPENING PROTECTION BASED ON LOCATION ON PROPERTY FOR ALL CONSTRUCTION TYPES1,2,3--~Continued) EX'rERIOR WALLS r Bearing I Nonbeartng OPENINGS5 OCCUPANCY CONSTRUCTION Distances are measured to property lines (see Section 503). GROUP4 TYPE x 304.8 for mm I-F.R. Four-hour N/C Four-hour N/C less than 3 feet Not permitted less than 3 feet II-ER. Two-hour N/C less than 20 feet Protected less than 20 feet Ill One-hour One-hour N/C less than 40 feet III-N NR, N/C elsewhere IV-H.T. II One-hour One-hour N/C Same as bearing except Not permitted less than 3 feet U_I3 NR, N/C 40 feet or greater V One-hour One-hour Same as bearing Not permitted less than 3 feet II-N2 One-hour N/C less than 3 feet3 Same as beating Not permitted less than 3 feet NR, N/C elsewhere V-N One-hour less than 3 feet3 Same as beating Not permitted less than 3 feet NR elsewhere U-2 All Not regulated N/C-- Noncombustible. NR -- Nonrated. H.T.-- Heavy timber. ER.-- Fire resistive. See Section 503 for types of walls affected and requirements covering percentage of openings permitted in exterior walls. For walls facing streets, yards and public ways, see also Section 601.5. 2For additional restrictions see Chapters 3 and 6. 3For special provisions and exceptions, see also Section 503.4. 4See Table 3-A for a description of each occupancy type. 5Openings requiring protection in exterior walls shall be protected by a fire assembly having at least a three-fourths-hour fire-protection rating. 6See Section 308.2.1, Exception 3. 7Group E, Divisions 2 and 3 Occupancies having an occupant load of not more than 20 may have exterior wall and opening protection as required for Group R, Division 3 Occupancies. ITEM NO. 8b DATE:.. May 5, 1999 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF ORDINANCE AMENDING ARTICLE 21 (DEFINITIONS) OF CHAPTER 2 (ZONING) OF THE UKIAH MUNICIPAL CODE SUMMARY: On April 21, 1999, the City Council voted 3-0 to introduce the Ordinance revising the Zoning Code definitions. The new definitions provide terms that accurately reflect current planning practices and principles, and include new terms used in the text of the recently revised Zoning Districts. The Ordinance has been prepared in final form and is ready for adoption. RECOMMENDATION: 1) Adopt the Ordinance amending Article 21 of Chapter 2 (Zoning) of the Ukiah Municipal Code. ALTERNATIVE COUNCIL POLICY OPTION: 1. Do not adopt the Ordinance, and provide direction to staff. Citizen Advised: Legal notice published according to the requirements of the Ukiah Municipal Code. Requested by: Planning Department Prepared by: Charley Stump, Senior Planner Coordinated with' Candace Horsley, City Manager and Bob Sawyer, Planning Director, and David Rapport, City Attorney Attachments: , Ordinance amending Article 21, Chapter 2 of the Ukiah Municipal Code. APPROVED: C-and--a~ce Horsley, C~ty~anager ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING ARTICLE 21, CHAPTER 2 (ZONING) OF DIVISION 9 OF THE UKIAH MUNICIPAL CODE The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE Pursuant to Section 9265 of the Ukiah Municipal Code, Division 9, Chapter 2 (Zoning) is amended by revising Article 21 (Definitions); as indicated on Exhibit "A" attached to this Ordinance, which repeals existing Sections 9275-9337, and replaces them with new Sections 9275-9278. SECTION TWO The amendments to Article 21 of Chapter 2 of the Ukiah Municipal Code include revisions to the Zoning Code definitions to reflect current planning practices and principles, and to include new terms used in the text of the recently revised Zoning Districts. In addition, a number of antiquated terms have been deleted because they either do not appear in the text of the Zoning Code or are outdated and have been replaced with more modern terms. SECTION THREE This amendment to Article 21 of Chapter 2 of the Ukiah Municipal Code is necessary to ensure that the City has up-to-date definitions of zoning terms to allow users to fully understand the regulations, particularly for allowed and permitted land uses, and to provide an explanation of basic planning terminology, which is extremely valuable to the general public. SECTION FOUR This Ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. ORDINANCE NO. Page 1 of 2 SECTION FIVE This Ordinance shall become effective thirty (30) days after adoption. Introduced by title only on April 21, 1999, by the following roll call vote: AYES: Councilmembers Libby, Baldwin and Mayor Mastin NOES: None ' ABSENT: Councilmember Ashiku ABSTAIN: None Passed and adopted on May 51 1999, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Jim Mastin, Mayor ATTEST: Marie Ulvila, City Clerk ORDINANCE NO.~ Page 2 of 2 EXHIBIT "A" Chapter 2 ZONING ARTICLE 21. DEFINITIONS Sections: 9275 Purpose 9276 Application 9276 Terminology 9278 Definitions 9275 Purpose. The purpose of this Article is to provide clear and concise definitions to the terms and phrases contained in Chapter 2 (Zoning) of the Ukiah City Code. 9276 Application. The meaning and construction of words and phrases defined in this Article shall apply, except where the context clearly indicates a different meaning or construction. 9277 Terminoloav. A. All public officials, agencies, and regulations referenced in this title are those of the City of Ukiah unless otherwise indicated. B. "Building Official" means the person designated by the Uniform Building Code, as adopted by the City, as responsible for enforcement and administration of the building code. C. "Section" means a numbered division of this Article containing the basic provisions of a general topic; e.g. the zoning ordinance basic provisions. D. "Commission" or "Planning Commission" means the Planning Commission of the City of Ukiah. E. F, "Council" or "City Council" means the City Council of the City of Ukiah. "County" means the County of Mendocino, State of California. G. "Department" means the Planning Department of the City of Ukiah. EXHIBIT "A" Ordinance Page I of 18 H. "Director" means the Planning Director of the City of Ukiah, or a designee thereof. "Federal" means the government of the United States. U. K. "General Plan" means the Ukiah General Plan as adopted by the City Council. "State" means the State of California. 9278 Definition_~. A. Any words or phrases not defined within this Article shall be defined as set forth in current dictionaries. If no dictionary defines a particular term, the City Planning Director shall have the authority to define the term or equate it to a defined term that is similar in nature. B. For purposes of this Article, the words and phrases set out herein shall have the following meanings: common. (1) Abuttinq or Adjoining. Having lot lines, parcel lines or boundaries in (2) same parcel. Accessory Building. A building accessory to a primary building on the (3) Accessory Uses. Uses which are typically associated with and subordinate to the permitted or conditional permitted principal use. Accessory uses and structures are subject to the same regulations as apply to principal uses in each zoning district, except as may be otherwise provided. (4) Addition. Any construction which increases the size of a building or structure in terms of site coverage, height, length, width or gross floor area. (5) Administrative Service~. Offices, administrative, or clerical services of public agencies that deal directly with the citizen together with incidental storage and maintenance of necessary vehicles. Typical uses include federal, state, county, City, and special district offices. (6) Adult Entertainment Busines.,-. A sexually oriented business, being one whose primary purpose is the sale or display of matter that, because of its sexually explicit nature, pursuant to sate law or local regulatory authority, be offered only to persons over the age of 18. (7) Agent of Owner. Any person showing written verification that he or she is acting for, and with the knowledge and consent of, a property owner. (8) Agricultural Processing. The processing, treatment or remanufacture of agricultural products on a commercial basis. Typical uses include wineries, packing and canning plants, feed lots, and livestock auction yards. (9) Agricultural Sales and Service. Sale of feed, seeds, grains, fertilizers, pesticides, and similar agricultural products, or provisions of related agricultural services. Typical uses include feed and grain stores and agricultural supply services. EXHIBIT "A" Ordinance No. Page 2 of 18 (10) Alley. An accepted public thoroughfare of insufficient width to be considered as a street and which affords only a secondary means of access to abutting property. (11) .Alteration. Any construction or physical change in the internal arrangement of rooms or the supporting members of a building or structure or a change in the relative position of buildings or structures on a site or a change in appearance of any building or structure. (12) Animal Production. Raising of animals or production of animal products such as meat, eggs or dairy products. Typical uses include grazing, ranching, dairy farming and poultry farming. , (13) dwelling units. A_~artment House. A building that contains three (3) or more individual (14) .Attached. Joined in any manner to any structure. services. (15) .Automotive Dismantling. See definition assigned to scrap and salvage (16) Automotive Sales and Servic,-,. Sale, servicing and repair of motorized vehicles. Typical uses include new and used care dealerships, motorcycles or recreational vehicle dealerships, parts stores, and repair facilities including muffler shops, wheel and brake shops, body and fender shops, and similar services, but excluding dismantling or SCRAP AND SALVAGE operations. (17) Average Slope. The mean average amount of fall or rise of property between its setback lines. (18) .Aviation Facilities. Landing fields, and related aircraft parking and service facilities, including aircraft servicing, fueling, repair, storage, charter, sales, and rental. served. (19) Bar. An establishment at which alcoholic beverages are the main product (20) Bed and Breakfast. Any building or establishment or portion thereof providing six (6) or fewer guest bedrooms for a lodging fee, which may include meal service in a common dining area, and which do not include cooking facilities in the guest bedrooms. (21) Building. A structure having a roof supported by columns or walls, for the shelter, support, or enclosure of persons or property. buildings. (22) Building Site. Any area of a lot suitable for constructing a building or (23) Business Office. An office where work is performed in the buying and selling of commodities or service or an administrative office. (24) Business or Trade School, A use providing education or training in business, commerce, language, or other activity, and not otherwise defined as a home occupation, college or university, or public or private educational facility. Typical uses include business schools and barber or beauty colleges. EXHIBIT "A" Ordinance No. Page 3 of 18 (25) .Business Service~. Sale, rental, or repair of equipment, or provision of services and supplies typically used by other commercial or industrial uses. Typical uses include janitorial and building maintenance services, office and commercial equipment supply firms, and printing shops. (26) Cabinet Shop. See definition assigned to manufacturing, light. (27) Cam_Dground. A facility of two or more spaces providing camping; and including parking facilities or incidental services for travelers in recreational vehicles or tents. Typical uses include recreational vehicle parks. (28) CarDort. A garage enclosed or partly enclosed by no more than one side. (29) Car Washing. Washing and cleaning of automobiles and similar vehicles and equipment. Typical uses include self service and mechanical car washes, equipment cleaning facilities, and detailing services. (30) Cemetery. Land used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematoriums, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery. (31) Change of Use. The replacement of an existing use by a new use, or a change in the nature of an existing use, but not including a change of ownership, tenancy, name, or management, or a change in product or service within the same use classification where the previous nature of the use, line of business, or other function is substantially unchanged. (32) Cha_Del. A building or portion of a building used for worship that is incidental to a residence or institution. (33) Child Day Care (small and large family). (see Day Care Homes). (34) Church. A building for public worship and religious assembly. (35) .Club or Lodge. Assembly, recreational, social, and administrative facilities for a private or nonprofit association, primarily for use by members and guests. Typical uses include fraternal organizations and private social clubs. (36) Cocktail Lounge. A use licensed by the state for preparation and sale of alcoholic beverages for consumption on the premises, including taverns, bars, and similar businesses. (37) Commercial Coach. A structure transportable in one or more sections, designed and equipped for human occupancy for industrial, professional, or commercial purposes, which is required to be moved under permit, and shall include a trailer coach as defined in Section 635 of the Vehicle Code. (38) Commercial Recreation (Indoor). Establishments primarily engaged in sports, entertainment, amusements or recreation services, conducted within an enclosed building. Typical uses include bowling alleys, billiard parlors, amusement arcades, skating rinks, health or sports clubs, motion picture theaters, meeting halls, and dance halls. EXHIBIT "A" Ordinance Page 4 of'18 (39) _Commercial Recreation (Outdoor). Establishments primarily engaged in provisions of sports, entertainment, amusement, or recreation, conducted in open or partially enclosed facilities. Typical uses include miniature golf, driving ranges, and golf courses, swimming and tennis facilities, sports arenas, and similar outdoor activities. (40) Common Are~. An area held, designed and designated principally for the use by all the owners or occupants of a mobile home park, cluster subdivision, condominium or other unified development project. (41) Community Care Facility. Community Care Facility means the facilities described in Health and Safety Code 1502(a). (42) Community Garden. A public garden tended and maintained by members of the local community. (43) Compostin~. A controlled microbial degradation of organic waste yielding a humus-like product of potential value as a soil conditioner. (44) Conditional Use Permit. A discretionary permit issued by the City which is required for certain projects that are allowable by special permit only. A conditional use permit imposes conditions on a project which are designed to assure compatibility with the City General Plan, the City zoning ordinance, and to minimize impacts to neighboring land uses. (45) .,Condominium. An individually owned dwelling unit located within a multiple-unit structure or complex of structures. (46) Construction Sales and Service~. Sale of building and construction materials, or provision of contracting and construction services. Typical uses include building materials centers, lumber yards, tool and equipment rental services, and contracting services. (47) .Consumer Repair Servicee. Repair services primarily serving individuals and households, but excluding automotive and equipment use types. Typical uses include appliance repair, watch or jewelry repair, electronic and musical instrument repair, shoe repair, and tailor or seamstress shops. (48) Convalescent Service-~. Provision of bed care and inpatient services for persons requiring regular medical attention, but excluding surgical and emergency medical services, care of alcoholism, drug addiction, mental disease, or communicable disease. (49) Convenience Stora_ae. Storage facilities primarily for storing personal effects, household goods, and business materials, generally within enclosed or screened storage areas, but excluding uses such as workshops, hobby shops, manufacturing or other commercial activity. Typical uses include mini-storage and mini-warehousing. (50) Coverage, Building. The area of a lot covered by buildings or roofed areas, but excluding incidental projecting eaves, balconies, or similar features, and also excluding ground level paving, landscaping or outdoor recreational facilities. (51) .Coverage, Im_oerviou~. The area of a lot defined as building coverage plus the area occupied by impervious structures or features such as pavement, walkways, or swimming pools. EXHIBIT "A" Ordinance Page 5 of 18 (52) Cro_D Production. Growing and harvesting of tree, row or field crops, or horticultural specialties, including incidental packing and processing. Typical uses include orchards, vineyards, and wholesale plant nurseries. (53) Cul-de-sac. A street or road which physically connects to other streets or roads only at one end. (54) .Cultural Services/Facilities. A library, museum, or similar use affording preservation and exhibition of objects of artistic, scientific, or historic interest. (55) Day Care Home Facility. A facility which provides nonmedical day care of less than twenty-four (24) hours per day for children under eighteen (18) years of age. (56) Day Care Home (Lar(]e Family). A child day care home facility in the provider's own home which provides child day c~re for seven (7) to fourteen (14) children inclusive, including children under the age of ten (10) years who reside at the home. [H.S.1596.78]. (57) Day Care Home (Small Family). A day care home facility in the provider's own home which provides family day care for eight (8) or fewer children, including children under the age of ten years who reside at the home [H.S. 1596.78]. (58) .Density. The number of dwelling units per gross acre. (59) Detached. Fully separated from any other building or structure. (60) Development. The placement of any solid material or structure change in the density or intensity as defined in this section, of use of land; and construction, reconstruction, demolition or alteration of the size of any structure, including any facility of any private, public, or municipal utility; including grading, dredging, mining, or other significant earthwork. (61) District or Zoning District, A specific land area delineated on the zoning map assigned and regulated by an established zone. (62) Drive-In Service. A feature or characteristic of a land use involving the sale of products or provision of services directly to occupants in vehicles, including drive-in windows and drive-through services such as mechanical automobile washing. (63) Driveway. A surface area providing vehicular access between a STREET and an off-street parking or loading space. (64) Du_Dlex. A building that contains two (2) individual dwelling units. (65) Dwelling Group. A group of three (3) or more single family residences or two (2) or more detached duplex buildings, apartments, condominiums, and occupying a parcel of land in the same ownership and having any yard or court in common. Dwelling group does not include motels. (66) Dwelling Unit. A residential building or portion thereof providing complete, independent living facilities for one family including permanent provisions of living, sleeping, eating, cooking, and sanitation. EXHIBIT "A" Ordinance Page 6 of 18 (67) Dwelling Unit, Secondary. A secondary residential building providing complete independent living facilities, including cooking facilities, located on a parcel in the R-1 Zoning District that has been developed with a primary single family residence. (68) Easement. A right given by the owner of land to another party for specific limited use or enjoyment of that land. (69) Educational Facilities. An elementary, secondary or higher learning facility, whether public, private, or parochial in ownership, which offers instruction in branches of learning. (70) Enclosed. A roofed or covered space fully surrounded by walls, including windows, doors, and similar openings or architectural features, or an open space of less than one hundred (100) square feet fully surrounded by a building or walls more than eight (8) feet in height. (71) Enlarqement. An addition to the floor area of an existing building, or an addition of another building on a lot or parcel. (72) Equipment Repair. Repair of trucks, tractors, construction equipment, agricultural implements and similar equipment. Typical uses include truck repair, tractor, and farm implement repair services, and machine shops, but exclude dismantling or salvage operations. (73) Family. An individual, or two (2) or more persons living together as a single household within a dwelling unit. (74) Financial Service~. Establishments primarily providing financial and banking services. Typical uses include banks, savings and loan institutions, credit and lending services, and similar services. (75) Floor Area, Gross. The total enclosed area of all floors of a BUILDING, measured to the surfaces of exterior walls, including halls, stairways, elevator shafts, service and mechanical equipment rooms, light wells, courts, and basement, cellar or attic areas deemed usable by the building official or habitable by the Uniform Building Code. (76) Floor Area, Net. The total interior floor surface of a dwelling unit or other unit of building area, measured to the interior surfaces of the bounding walls of the unit, excluding hallways, stairwells, service areas, and utility and mechanical equipment rooms not exclusive to the unit. area. (77) Floor Area Ratio. The ratio of gross floor area on a lot to the gross lot (78) Florist. One who sells and/or grows for sale ornamental plants, flowers, and other related plants and items. (79) .Food Sales. Retail sale of foods or household products predominately for home consumption. Typical uses include groceries, delicatessens, meat markets, retail bakeries, and candy shops. (80) Funeral Home. Provision of undertaking and funeral services, including preparation of burial, cremation, and conduct of funeral services, but excluding cemeteries or mausoleums. EXHIBIT "A" Ordinance No. Page 7 of 18 (81) Garage. A building or portion of a building constructed for the primary use of the noncommercial storage of motor vehicles. (82) Garage Sale (Residential). Any sale (garage, yard, moving, patio, etc.) of used clothing, furnishings or miscellaneous items on a residential lot, including arts and crafts, for periods not to exceed forty eight (48) hours twice yearly; otherwise the activity shall be deemed an outdoor sales establishment. (83) Grade. The lowest horizontal elevation of the finished surface of the ground, paving, or sidewalk at a point where height is to be measured. (84) Guest House An accessory building containing a sleeping unit without kitchen facilities, and used to house occasional/temporary visitors which are nonpaying guests of the occupants of a primary dwelling unit on the same site; and containing a gross floor area of six hundred forty (640) square feet or less. (85) Guidance Services (General). Provision to seven (7) or more individuals of counseling, guidance, vocational or recuperative services to persons requiring rehabilitation assistance as a result of mental illness, alcoholism, detention, drug addiction or similar condition, either on a residential or day care basis. (86) Guidance Services (Limited). Provision to six (6) or fewer individuals of counseling, guidance, vocational or recuperative services to persons requiring rehabilitation assistance as a result of mental illness, alcoholism, detention, drug addiction or similar condition, either on a residential or day care basis. (87) Hazardous Waste. Has the same meaning as provided in Health and Safety Code Section 25117 or any successor statute as it now reads or may be amended from time to time. (88) Hazardous Waste Facility. Has the same meaning as provided in the Health and Safety Code or any succossor statute as it now reads or may be amended from time to time. (89) Heavy Processinq Recycling Facili~,. A building or enclosed space used for the collection and processing of recyc~able materials occupying an area greater than 46,000 square feet of gross area and averaging more than two (2) outbound truck shipments per day. (90) Height. The vertical distance from grade to the highest point of the structure excluding chimneys, vents, and similar architectural or mechanical features. (91) Home Occupation. An accessory commercial activity or business service, conducted on the site of a detached single family dwelling unit by the inhabitants thereof, in a manner clearly incidental to the residential character of the site, and which do not include exterior alterations to the structure, no display, no employees other than family members, and no vehicles or mechanical equipment used or stored on-site. The Home Occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater degree usually experienced in an average residential occupancy under normal circumstances. It shall not include activities that are limited solely to the use of a desk, telephone, and personal computer. The following uses are not home occupations: auto repair or dismantling, medical or dental offices, retail sales, commercial kennels, restaurants, equipment repair involving outdoor storage of equipment, and other similar uses. EXHIBIT "A" Ordinance Page 8 of 18 (92) Homeless Facilities. A building or group of buildings designed or adaptable for human occupation operated by a public agency, not-for-profit organization, or charitable organization to provide emergency or temporary shelter for homeless or displaced persons. (93) Homeless Facility (Small). A homeless facility for twelve (12) or fewer persons, plus a maximum of two (2) permanent, live-in staff. (94) Homeless Facility (Large). A homeless facility for thirteen (13) or more persons. A homeless shelter is considered a large homeless facility. (95) Homeless Facility Zone. One (1) of four (4) zones into which the City is divided for the purpose of siting homeless facilities. The zones are as follows: Perkins Street. a. Zone 1' Perkins Street North, which includes the entire City north of b. Zone 2: Perkins Street-Gobbi Street, which includes Perkins Street and the entire City to the south side of Gobbi Street. c. Zone 3: Gobbi Street West, which includes the entire City west of the center line of State Street and south of Gobbi street. d. Zone 4: Gobbi Street East, which includes the entire City east of the center line of State Street and south of Gobbi Street. (96) vegetables. Horticulture. The art or science of growing flowers, shrubs, fruits, and (97) Hospital/Hospital Services. Provision of medical, psychiatric, or surgical services for sick or injured persons primarily on an inpatient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and incidental services to patients, employees, or visitors. Hospitals include nursing home, convalescent home, mental institution, or institution for treatment of persons addicted to the use of drugs. (98) Hotel. Any building that contains seven (7) or more guest rooms, used, designed or intended to be used as a lodging facility for compensation. Hotel differs from MOTEL in that automobile storage space serving the rooms is not provided, and the facility is not necessarily intended for transient automobile travelers. (99) .Industrial, Light. Low intensity industrial and related manufacturing activities. Does not usually involve the use or storage of highly flammable or explosive materials, or the processing of raw materials. Typical uses include the manufacturing and assembly of electronic instruments, devices, and appliances, furniture manufacturing, bottling plant, and garment manufacturing. (100) Industry, Basic. Processing of raw materials and manufacture of product predominately from extracted or raw materials, or a storage (or manufacturing) activity involving flammable or explosive materials or involving processes with potentially hazardous or commonly recognized offensive conditions. Typical uses include rock, sand and gravel processing and lumber mills. EXHIBIT "A" Ordinance Page 9 of 18 (101) (ntensity. The percentage of the developed area of a SITE devoted to the various land uses stored, planted, constructed or placed on the subject property. (102) Internal Street, A roadway within a private development. (103) Junk. Any worn out and discarded material in general, including motor vehicles which are dismantled in total or in part. Junk does not includes bones, rubbish, or putrescible matter. (104) Junk Yard. An area containing more than two hundred (200) square feet used for the storage of junk. (105) Kennel. Any lot, building, structure, or premises whereon or wherein five or more dogs or five or more cats, over the age of four months are kept or maintained for any purpose. Kennel definition shall not be construed as applying to a duly licensed veterinary hospital or public animal shelter. (106) Kiosk. A small light structure with one or more open sides used frequently for displaying information and news, and for coffee disbursement. (107) Landscaped. An area predominately developed with plant material or natural landscape features, including lawn, ground cover, gardens, trees, shrubs, or other plant materials. Landscaped areas may include supplemental features such as pools, fountains, lighting, irrigation systems, and sculptural elements. (108) Larqe Collection Recycling Facility. A center for the acceptance by donation, redemption or purchase of recyclable materials from the public occupying an area of generally more than 500 square feet and may include permanent structures. The facility may include a mobile unit, bulk reverse vending machines kiosk type units, and unattended containers for donation purposes. (109) (large family). Large Family Day Care Hom-. See definition assigned to day care home (110) Laundry Services. Provision of laundering, dry cleaning or dyeing services other than those classified as personal services. Typical uses include bulk laundry and cleaning plants, diaper services, and commercial linen laundry and supply services. (111) Laundromat/Launderette. A self-serve coin operated laundry facility. (112) Light Processing Recycling Facility. A building or enclosed space used for the collection and processing of recyclable materials having less than 45,000 square feet of gross area and a maximum of two (2) outbound truck shipments per day. The facility shall not include shredding, compacting or baling of ferrous materials. (113) Lio_uor Sales. Establishments licensed by the state for retail sales of alcoholic beverages for consumption off the premises. Typical uses include liquor stores, bottle shops, or any licensed sales for offsite consumption. vehicle. (114) Loading Space. An area used for loading or unloading of goods from a EXHIBIT "A" Ordinance No. Page 10 of 18 (115) Lodge. The meeting place of a branch of an organization such as a fraternal organization. (116) Lot. A parcel of real property with a separate number or other designation shown on a record of survey, parcel map, or subdivision map recorded by the county; or a parcel legally created pursuant to applicable regulations in effect prior to the effective date of this code. (117) Lot Area, Gros-~. The total area within bounding lot lines, including any easement or right-of-way located within the lot lines. (118) Lot Area, Net. The net area within bounding lot lines, but excluding any portion of a flag lot providing access to a street, and excluding any public or private easement or right-of-way providing access to another lot. (119) Lot. Corner. A lot having front and side property lines abutting two separate streets, roads, or public road easements, not including alleys. (120) .Lot Coverage. The total area of a lot covered with structures. (121) Lot Depth. The distance between the midpoint of the front lot line and the midpoint of the rear lot line. (122) a lot or parcel. Lot or Parcel Line. A line or series of connected line segments bounding (a) "Front line" shall mean any lot line contiguous to a street from which access is provided to a lot or parcel. (b) "Side line" shall mean any lot line which intersects a front line. (c) "Rear line" shall mean any lot line which is not a front line or side (123) road easement. Lot, Through. A lot having front and rear lines abutting a street, road or (124) Lot Width. The distance between side lot lines, measured along the front setback line, except lots facing cul-de-sacs which shall have a lot width equal to the arc distance measured along the front setback line of the cul-de-sac. (125) .Manufactured Home. A prefabricated single family dwelling deliverable in one or more transportable sections, and constructed to the standards established by the U.S. Department of Housing and Urban Development (HUD). A manufactured home is not the same as a recreational vehicle or commercial coach. (126) Manufacturing. Custom. Onsite production of goods by methods involving only the use of hand tools or tools not exceeding two (2) horsepower or a single kiln not exceeding eight (8) kilowatts. Custom manufacturing may include incidental sale of goods produced on the site. Typical uses include ceramic shops, candle making shops, and custom jewelry and lapidary shops, and similar uses. EXHIBIT "A" Ordinance Page 11 of '18 (127) Manufacturing, Light. Manufacturing of finished products or parts prepared predominately from previously prepared materials, including processing, fabricating, assembly, treatment, and packaging, and incidental storage, sales, and distribution of such products, including agricultural processing but excluding basic industry. (128) Medical Offices/ Medical Care Facility. Provision of consultations, diagnosis, therapeutic, preventative, or corrective personal treatment by doctors, dentists, medical and dental laboratories, or similar practitioners of medical and healing arts licensed for such purposes by the state. (129) Mini or Convenience Storage. A facility containing storage units for personal business storage only. These facilitates do not contain retail services or business operations. (130) Mini Market or Convenience Store. A small retail market selling a variety of general products, and typically having extended business hours. (131) Mixed Use. Any combination of allowed or permitted land uses within a particular Zoning District. (132) Mobile Home. A vehicle designed and equipped for use as a DWELLING UNIT without a permanent foundation. A mobile home may include two (2) or more sections separately transported and joined together as one integral unit. A mobile home shall not include a recreational vehicle or manufactured modular housing using standard construction methods and designed to be set on a permanent foundation. (133) Mobile Home Park. A unified residential development with two or more mobile home spaces together with internal streets, common areas, and facilities for parking, recreation, laundry, utility, storage, or other services for the residents. (134) Mobile Home Space. An area within a mobile home park intended as the location of one mobile home and for the exclusive use of its occupants. (135) Mobile Recycling Unit. An automobile, truck, trailer, or van, licensed by the Department of Motor Vehicles which is used for the collection of recyclable materials. In addition, MRU's include bins, boxes, or containers transported by trucks, vans, or trainers, and used for the collection of recyclable materials. (136) Mom and Pop Grocery Store. A small neighborhood retail grocery store open during normal business hours without gasoline pumps, car wash, or other ancillary uses. (137) Motel. A business providing overnight lodging services for seven (7) or more persons. A motel contains automobile storage spaces serving individual rooms, and is primarily intended for transient automobile travelers. (138) Multiple Family Residential. Use of a site for three (3) or more dwelling units within one or more buildings, including units intended for individual ownership together with common areas or facilities. (139) Nuisance. Anything which is injurious to health, or is indecent or offensive to the sense, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any public square, street, or highway. EXHIBIT "A" Ordinance No.__ Page 12 of 18 lot. (140) (141) Nursery School. A school for children under the age of five (5). .Offstreet Parking. Required onsite parking beyond all setback lines of a (142) Open Space. The undeveloped area of a parcel, with no use otherwise defined by the use classifications, except for incidental grazing or similar activity typically occurring on vacant or undeveloped lands. (143) Outdoor Sales Establishment. Any business or portion of a business operated to sell, display, barter or exchange any goods, foods, produce, or merchandise outside of a structure on private property, excluding plant nurseries. (144) Park and Recreation Services. Publicly owned and operated parks, playgrounds, recreation facilities, and open spaces. (145) Parkin_a Facility. An area used for parking motor vehicles, including one or more parking spaces with driveways, aisles, maneuvering areas, clearances, and similar features. This term includes parking lots, garages, and parking structures. (146) Parking Space or Parking Stall. An independently accessible area within a parking facility used for parking a motor vehicle. This term does not include driveways, aisles, or other features of a parking facility. The minimum dimensions of parking spaces is nine (9) feet in width by nineteen (19) feet in length. The minimum dimensions for a compact parking space is eight (8) feet in width by sixteen (16) feet in length. (147) Personal Improvement Service$. Provision of informational, instructional, personal improvement or similar services of a nonprofessional nature primarily to individuals or small groups. Typical uses include photography studios, driving schools, health or fitness studios, reducing salons, dance studios, or art, music, handicraft, or hobby instructions. (148) .Personal Services. Provision of frequently needed services of a personal nature. Typical uses include beauty and barber shops, seamstress, tailor, shoe repair shops, and self-service laundry or apparel cleaning services. (149) Pet Services. Retail services and grooming of dogs, cats, birds, fish, and similar small animals customarily used as household pets. Typical uses include pet stores, or pet grooming shops, with no facilities for boarding of pets. (150) Pet Shop. Any indoor boarding and sale of dogs, cats, birds, fish, reptiles, and other small animals. Pet shop definition shall not be construed as applying to a duly licensed veterinary hospital or public animal shelter. (151) Postal Facilities. Postal services, including post offices and mail processing or sorting centers which are either publicly or privately owned and operated. (152) Private School. A school that is established, conducted, and primarily supported by a nongovernmental agency. (153) Professional Office. Provision of professional or technical services including accounting, counseling, architecture, design, medical/dental, engineering, law, management, and similar professions. EXHIBIT "A" Ordinance Page 13 of 18 (154) Public Assembly. Publicly or privately owned or operated facilities for major public assembly, recreation, sports, amusements, or entertainment, including civic or community auditoriums, sports stadiums, convention facilities, fairgrounds, and exhibition halls. (155) Public Building. Any building held, used, or controlled exclusively for public purposes by any department or branch of the Federal, State (or subdivisions thereof), County, foreign, Indian tribal, or municipal government, without reference to the ownership of the building or of the land upon which it is situated. authority. (156) Public School. A free tax supported school controlled by a government (157) Queue Line. An area for temporary queuing or standing of motor vehicles, while waiting for a service or other activity. (158) Recreational Vehicle. A vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle, used for temporary recreational, sleeping, or sporting purposes. This term shall include but is not limited to: travel trailers, pick-up campers, motor homes, converted trucks and busses, boats and boat trailers. (159) Recyclable Material. Reusable material including, but not limited to, metals, glass, plastic, paper, and construction salvage material, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials. (160) Recycling Facility. A facility where recyclable material is collected, processed, packaged, stored, and shipped/trucked off of the site. (161) Religious Assembly. Provision of regular organized religious worship and religious education incidental thereto, in a permanent facility, but excluding uses defined as education facilities. (162) Residential, Group. Residential occupancy of dwelling units or sleeping units by groups of more than six (6) persons not defined as a family. Typical uses include rooming or boarding, dormitories, residence halls, and fraternity and sorority houses. (163) Restaurant. A place in which the preparation and retail sale of food and beverages takes place, including incidental sale of alcoholic beverages. Typical uses include sandwich shops, coffee shops, dinner houses, delicatessens, ice cream stores, and similar establishments. (164) Restaurant, Fast Food. A restaurant that specializes in the rapid preparation and service of food, which may include a drive-in component. (165) Rest Home. An establishment that provides housing and general care for the aged or convalescent. (166) Retail Services. The sale and incidental rental or servicing of commonly used personal or household goods. Typical uses include, but are not limited to, department stores, apparel stores, furniture and appliance stores, and business providing the products or services to the general public, not including businesses primarily for wholesale trade. This excludes automobile service and installation. EXHIBIT "A" Ordinance Page 14 of 18 (167) Rooming or Boarding House. A dwelling other than a motel, hotel, or bed and breakfast establishment, where long-term lodging and meals for five (5) or more persons is provided for compensation. (168) Safety Services. Facilities for the conduct of public safety and emergency services, including police and fire protection services as well as ambulance services. (169) Scra_D and Salva.~e Services. A business primarily engaged in storage, sale, dismantling, or other processing of u~ed or waste materials which are not intended for reuse in their original forms. Typical uses include automobile wrecking, paper, wood, or metal salvage yards, junk yards, and similar scrapping activities. (170) Screened. Shielded, concealed, or reflectively blocked from view from an abutting site, or outside the area or feature so screened, by a fence, wall, hedge, berm, or similar architectural or landscape feature. (171) Service (Gas) Station. Provision for fuel, lubricants and accessories, and incidental light servicing of motor vehicles. (172) Setback Line. A line within a lot parallel to and measured from a corresponding street centerline, lot line, or right-of-way line, forming the interior boundary of a required yard and governing the placement of structures and uses on the lot. (173) Shooting Range. A place for practicing shooting. (174) ~. Any surface device, or display having lettered, pictorial, or sculptured matter designed to convey visual information, and which is publicly displayed. It includes a display surface and all organized or related elements, which together form or represent a single unit. (175) Single-Family Residential. Use of a site for only one dwelling unit and its allowed accessory uses, or for one primary dwelling unit and one secondary dwelling. (176) Site. A lot or group of lots used together for a unified DEVELOPMENT. (177) Site Area. The total gross area of a lot or parcel. (178) Site Plan. A scaled drawing with complete dimensioning, showing the location of existing or proposed buildings, structures, uses, and other site development features. (179) Sleeping Unit. A room or group of rooms in a dwelling unit, group residential use, hotel or motel, or similar use, for overnight occupancy on either a transient or long- term occupancy by one or more persons. Each two (2) persons' capacity shall be deemed a separate sleeping unit. (180) Small Collection Recycling Facility. A center for the acceptance by donation, redemption, or purchase, of recyclable materials from the public. The facility does not use power-driven processing equipment except as otherwise provided for in this title. The facility does not occupy more than 500 square feet, and may include: reverse vending machines; mobile unit; bulk reverse vending machines; kiosk type units; and unattended containers placed for donation. EXHIBIT "A" Ordinance Page 15 of '18 (181) (small family). Small Family Day Care Home. See definition assigned to day care home (182) Social Hall. A building used for social events and public assembly. (183) Solid Waste. All putrescible and nonputrescible solid, semisolid, and liquid wastes such as, but not limited to garbage, rubbish, ashes, paper, industrial wastes, demolition and construction wastes, abandoned vehicles, vegetable matter, wood, but excluding hazardous waste. (184) Solid Waste Facility. Any structure other appurtenances, and improvements on the land, and all contiguous land, used for the treatment, transfer, storage, disposal, or recycling of solid waste (185) Solid Waste Transfer Facility. A solid waste facility where solid waste is temporarily loaded, stored, packaged, unloaded, and transported to another location. (186) Stables, Commercial. Boarding, breeding, or raising of horses not owned by the occupant of the premises. Typical uses include boarding stables, public stables, or riding academies. (187) Stables, Private. Boarding, breeding, or raising of horses owned by the occupant of the premises or the owner of the property. (188) Street, Private. A right-of-way, easement, or other lot privately owned which affords the primary means of access to abutting property. (189) Street, Public. A dedicated or publicly accepted and maintained thoroughfare affording the primary means of access to abutting property. The term "street" includes all land within the right-of-way thereof. (190) Structure. That which is built or constructed, or an edifice or building of any kind, or any piece of work artificially built up or composed of having parts joined together in some definite manner. (191) Structure, Legal Nonconformin~n. A building or structure including off-street parking or loading space, that do not comply with current applicable site development regulations for the district in which it is located, or with applicable general regulations, but which complied with applicable provisions at the time of construction. (192) Temporary Uses. Non-permanent uses, structures, and activities when consistent with the purposes of this title, and compatible with surrounding uses. Temporary uses include, but are not limited to carnivals, open air theaters, and other similar uses involving large assemblages of people. (193) Transportation Service. Parking, storage, dispatching, or incidental servicing for both motorized and non-motorized vehicles, other than as accessory to a principal use. Typical uses include auto and trailer rental agencies, transit centers, taxi or ambulance dispatching, bicycle rental facilities, and vehicle impound facilities, but exclude dismantling or salvage activities. (194) Transportation Terminal. A facility for loading and interchange of passengers, baggage, and incidental freight or package express between modes of transportation, including bus terminals and public transit facilities. EXHIBIT "A" Ordinance Page 16 of 18 (195) Triplex. A building containing three (3) individual dwelling units. (196) Two-Family Residence. Use of a site for two (2) dwelling units, either in the same building or in separate buildings, except when one of the dwelling units is a secondary dwelling. (197) Use. The conduct of an activity, or the performance of a function or operation, on a site or in a building, structure, or facility. (198) Use, Accessory. A use or activity which is incidental to and customarily associated with a specific principal use on the same site. (199) Use, Conditional. A use potentially allowed within a particular district solely on a discretionary basis; and subject to review and in accord with the provisions of this title. (200) Use, Legal Nonconformin_a. A lawful use of any land, building or STRUCTURE, that does not conform with currently applicable use regulations, but which complied with the use regulations in effect at the time the use was established. (201) Use, Permitted. A use within a particular district and permitted within that district with the securing of a Use Permit. (202) Use, Principal or Principal Use. A use which fulfills the primary function of a household, establishment, institution, or other entity. (203) Utility Service (Major). Generating plants, electrical switching facilities and primary substations, refuse collection or disposal facilities, water and wastewater treatment plants, and similar facilities of public agencies or public utility firms having potentially significant impact on surrounding uses. (204) Utility Service (Minor). A facility or service installation of a public utility necessary to provide utility service to uses in the general vicinity and requiring only minor structures such as lines, poles, transformers, control boxes, and similar features. (205) Value or Valuation. The estimated cost to replace a structure in kind, based on current replacement costs. (206) ..Variance or Variance Permit, A permit that grants a minor modification or variation of the strict application of any of the provisions of this title when the strict application would deprive a property of privileges enjoyed by other property in the same vicinity, district, and zone. Variance definition shall not be construed as to permit those uses not permitted by the zone. (207) ..Veterinary Office or Service~. Medical care for dogs, cats, birds, horses, and other animals which may or may not require an overnight treatment on the premises. (208) Warehousing and Distribution (General). Warehousing and distribution activities conducted partially or entirely in the open. Typical uses include monument or stone yards, and contractor's service and storage yards. EXHIBIT "A" Ordinance Page 17 of 18 (209) Warehousing and Distribution (Limited). Wholesaling, bulk storage, distribution and handling of materials and equipment other than livestock, when all storage and services except parking and loading activities are conducted within a building. Typical uses include wholesale distributors, storage warehouses, and moving and storage firms. (210) Wholesale Store. The wholesale handling and sale of any article, substance or commodity for profit or livelihood, but not including the handling of lumber or other building materials or the open storage for sale of any material or commodity, and not including the processing or manufacturing of any product or substance. (211) Yard. A required open space extending from a lot line into a lot containing only landscaping and such other uses or structures as permitted by this title. (a) "Front yard.'~ A required yard extending the full width of a lot between the front lot line and the front setback line. (b) "Rear yard." A required yard extending the full width of a lot between the rear lot line and the rear setback line. © _'.'Side yard." A required yard extending the depth of a lot from the front yard to the rear yard between the side lot line and the side setback line. (212) Zoning District or Zone. A specific set of land use regulations as set forth herein and legally assigned to various districts established and delineated on the zoning map of the City. (213) ..Zoning Map. A map adopted pursuant to the regulations of this title showing the boundaries of districts within the City of Ukiah. EXHIBIT "A" Ordinance No. Page 18 of 18 ITEM NO. 8e DATE: MaY 5, 1999 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF ORDINANCE ADDING SECTION 1523 TO CHAPTER 6, DIVISION 1 OF THE UKIAH CITY CODE PROVIDING FOR A 5% BIDDING PREFERENCE FOR LOCAL BUSINESSES At the April 21, 1999 City Council meeting the ordinance providing for a 5% local bidding preference was introduced by a two to one vote of the Council, with one Councilmember absent. Adoption of the ordinance is now before the Council. RECOMMENDED ACTION: Adopt Ordinance Adding Section 1523 to Chapter 6, of Division 1 of the Ukiah City Code, Providing a 5% Bidding Preference for Local Businesses. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine the preference is not to be allowed and do not adopt ordinance. 2. Determine ordinance requires modifications, identify necessary changes, and adopt revised ordinance. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: NA Michael F. Harris, Risk Manager/Budget Officer ~..~) ~:~.-,.:.-. David Rapport, City Attorney and Candace Horsley, City Manager 1. Ordinance for adoption, pages 1-4. APPROVED:~ ~ Ca--ce Hor'sley, City ~anager mfh:asrcc99 0505PREF ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING SECTION 1523 TO CHAPTER 6, OF DIVISION 1 OF THE UKIAH CITY CODE, PROVIDING A 5% BIDDING PREFERENCE FOR LOCAL BUSINESSES The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE - FINDINGS The City Council hereby finds as follows: 1. The City of Ukiah ("City") has an interest in encouraging businesses to locate within City limits in order to promote the economic development of the City. Ten percent of the commercial space in the City's downtown business district is currently vacant or underutilized. This vacancy rate is excessive and detrimental to the economic and aesthetic well-being of the City and its residents. 2. The unemployment rate in Mendocino County is currently 9.5%, while the current statewide average unemployment rate is 5.8%. Mendocino County unemployment rates have substantially exceeded the statewide average rate in each of the last twenty years. 3. Businesses located in the City and throughout Mendocino County operate at a competitive disadvantage as compared to businesses located in areas closer to major urban centers in that local businesses sell to a much smaller market making their costs of doing business higher relative to their volume of business. In addition, shipping costs for county businesses are generally higher than in larger markets to the south. Segments of Highway 101 north of Cloverdale are still only two lanes and shipments by rail to Ukiah and Willits are severely limited. 4. An analysis of City purchases of goods and services (other than public works contracts exceeding $25,000 and professional services contracts) in 1998 revealed that 24.6% of the purchases valued at $150,035 for which local businesses submitted bids went to businesses located outside Mendocino County. If a 5% bidding preference had ORDINANCE Page 1 of 4 -- [ .-- been extended to Mendocino County businesses an additional $30,867 would have gone to those businesses at a modest additional cost to the City of $1099. Significantly, no county business submitted a bid on $755,799 worth of City purchases all of which went to out-of-county businesses. 5. A 5% preference for Mendocino County businesses will encourage some businesses to remain or locate within City limits, thus mitigating or reducing the high vacancy rate. It may encourage more county businesses to submit bids in response to the City's requests for bids or price quotes. It will encourage businesses to obtain City business licenses. Local businesses tend to hire local residents which should reduce the unemployment rate. Dollars spent at local businesses are more likely to be spent inside the City and the county thereby improving the local economy. 6. A 5% preference will assist local businesses overcome the competitive disadvantages of doing business in a relatively remote rural area, such as Mendocino County. 7. This small preference for Mendocino County businesses which seek to contract with the City will not erect any significant commercial barriers around the City or the County or "balkanize" the local economy, as the City's analysis of its 1998 purchases demonstrates. Already, businesses in nearby areas, such as Lake and Napa Counties, enjoy a local preference when responding to bids solicited by those jurisdictions. SECTION TVVO A new Section 1523 is hereby added to the Ukiah City Code as follows: §1523: FIVE PERCENT LOCAL BIDDING PREFERENCE A. Definitions. As used in this Section: 1. "Business" shall mean any person, partnership, corporation, limited liability company or other entity or group of any kind seeking or bidding on any City contract or seeking to sell goods or services to the City. 2. "Local business" shall mean any business which has or maintains a bona fide ORDINANCE NO. Page 2 of 4 office, distribution point or other place of business within Mendocino County, is shown by records maintained by the City's Finance Department as having a current, valid and fully paid City of Ukiah business license, and which has registered as a local business with the City Finance Department. A business maintains a bona fide business location in Mendocino County only if a person or persons working in or for the business physically occupy and regularly use the business premises for business purposes. 3. "Preference" shall mean the evaluation of the lowest responsive bid or other price quote responding to a City solicitation for such bids or quotes as described in Subsection B. B. Preference for local businesses. Notwithstanding the provisions of Section 1522.A. 1 and .2.d (requiring the purchasing officer to purchase from the least expensive source), and except for purchases of supplies and equipment costing less than $100, in selecting the lowest bid or quote for goods or services subject to Section 1522, subsections A and B (rental or purchases of supplies or equipment), the City shall provide a local business preference as follows. If the lowest responsive bid or quote is from a business which is not a local business, five percent (5%) of the bid or quote, not to exceed $5,000, shall be added to that bid or quote for purposes of comparing it with bids or quotes by local businesses. If a bid or quote from one or more local businesses is less than the bid or quote adjusted as provided herein, the City shall accept the lowest responsive bid or quote from a local business. C. REGISTRATION. The City Manager is hereby authorized and directed to establish administrative regulat ions, consistent with the provisions of this Section, providing a procedure for any business to register with the City as a local business. D. ENFORCEMENT AND PENALTIES 1. Any person, entity or business who or which has made an intentional misstatement or misrepresentation in order to obtain a preference under this section shall be guilty of a misdemeanor, and also shall be subject to all other penalties and remedies ORDINANCE NO. Page 3 of 4 available to the city. 2. Any person, entity or business damaged or aggrieved by such misstatement or misrepresentation shall have a private right of action against the person, entity or business which made the misstatement or misrepresentation. In any such action, the aggrieved party shall be entitled to treble damages and attorneys' fees. 3. Any person, entity or business which makes such misstatement or misrepresentation shall be considered unqualified to bid on or receive any City contract for a period of one year following the discovery of the misstatement or misrepresentation. SECTION THREE This Ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. SECTION FOUR This Ordinance shall become effective thirty (30) days after adoption. Introduced by title only on April 21, 1999, by the following roll call vote: AYES: Councilmember Libby and Mayor Mastin NOES: Councilmember Baldwin ABSENT: Councilmember Ashiku ABSTAIN: None Passed and adopted on May 5, 1999, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Jim Mastin, Mayor ATTEST: Marie Ulvila, City Clerk ORDINANCE NO. Page 4 of 4 85/85/1999 PAGE 81 Mendocino County Employers Council 597B SOUTH MAIN STREET UKIAH, CA. 95482 ! TEL: 707-462.5021 FAX:,707:462 .-0318 FAX TO: ?':~' "'City of Ukiah Mayor and Council Members FR:_. ,. A1 Beltr ,ami, Exegutive,,Direct,,0r . ,,, ,,, SUB~: : Items on 05 MAY 99 Council Agenda . ~, .. , E-mail: abel~saber.net DATE: 05 MAY ! 999 DEAR MAYOR MASTIN AND COUNCIL MEMBERS... The M.C.E.C. upholds the adoption of positive steps by the City of uidah to indicate support for local businesses and employers.'.within the City anal the County. ' : Councilmember Libbey is to be commended for bringing this issue to the forefront, and for proposing an ordinance which closely imitates existing ordinances in other cities and counties. ,, The business community, often penalized by fees, c~ .arges and regulations, also needs to be supported by local government whenever legally and philosophically apPropriate, since this private sector provides employment as well as revenue to the city. In our review of this issue, we have heard arguments pro and con from our members, but there is a strong conscensus that the present bidding system is not responsive to local smaller businesses.. Many of our members do not respond tb ci~'bids, since they believe the effort of completing a bid form is futile, if they can lose to an outside finn by $1. We urge the Council to direct city administration to develop a strong purchasing outreach program for local businesses, for better understanding of city purchasing needs and responsive local bids... ITEM NO. DATE: _ 8d May -- 5. 1999 AGENDA SUMMARY REPORT SUBJECT' DISCUSSION REGARDING ARBORIST SERVICES FOR EVALUATION OF MEDIAN TREES ON SEMINARY AVENUE At the March 17, 1999 meeting the Council considered a proposal to remove and replace the Deodora Cedars located in the median stdp of Seminary Avenue between State and Oak Streets. At that time the Council directed staff to acquire a second arborist's opinion as to the health and viability of the trees. The odginal evaluation had been provided by John Phillips of Willits. Mr. Phillips is the only certified arborist in Mendocino County and has assisted the City through consultant services and pro bono work in the past. Pursuant to the Council's direction staff was able to identify and contact three arborists of comparable qualifications to those of Mr. Phillips in Sonoma County. All three arborists were willing to travel to Ukiah to complete the evaluation, however, the costs for services ranged from $90 per hour to $120 per hour. Time to complete the evaluation would include travel, examination of the trees and soils, and report preparation. The three arborists estimated approximately 12 hours to complete the work which would equate to an expenditure likely to exceed $1,200. As these costs were not available to the Council at the time the original item was presented, staff is providing this additional information for the Council's further consideration. Staff would like to note that during our-discussions with each arborist, all indicated familiarity with Mr. Phillips work and professional reputation and each indicated a strong likelihood of agreeing with his findings. Should the Council wish to proceed staff would retain the services of the Iow bidder and proceed with the evaluation. RECOMMENDED ACTION' Council discuss additional costs for arborist services and direct staff as appropriate. ,~. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Citizen Advised' N/A Requested by: City Council Prepared by: Larry W. DeKnoblough, Community Services Director Coordinated with' Candace Horsley, City Manager APPROVED: C~n~ace Ho~Sley' Cit~Manager LD2 ARBORISTS.ASR AGENDA SUMMARY ITEM NO. 9a DATE: MAY 5, 1999 REPORT SUBJECT: DISCUSSION CONCERNING MAIN STREET PROGRAM REQUEST FOR EXPANSION OF BUSINESS IMPROVEMENT BOUNDARIES The City has received a letter from Dennis Denney, President of the Main Street Board of Directors, requesting an expansion of the Downtown Parking and Improvement District. The additional area would include Mill Street to Gobbi Street and Main Street to Oak Street and would provide Main Street additional funds for their projects, numerous programs, and promotions. The Main Street Board of Directors has contacted the businesses within the new area and secured support as indicated on the attached petition. City Attorney, David Rapport, has provided a legal opinion on the process for expanding the boundaries if the Council approves the request. It is Mr. Rapport's opinion that the assessments imposed by the Downtown Parking and Business Improvement Ordinance do not likely constitute assessment or property related fees within the meaning of Proposition 218. The fees are imposed on the business owner, not the property owner, and are not directly related to property ownership. If the Council desires to consider a boundary adjustment, the process requires adoption of a resolution of intention which states the proposed modification and provides for a public hearing 20 - 30 days after adoption of the resolution. If adopted, the new businesses within the expansion area would pay an additional business license fee up to $250.00 to go towards the Main Street Program. If a majority of the businesses protest, the City must abandon the proposed modification for at least one year. Representatives from the Main Street Program and affected businesses will be available at the meeting to discuss their request with the Council. RECOMMENDED ACTION: Discuss modification to the Downtown Parking and Improvement District boundaries and direct staff accordingly. ALTERNATIVE COUNCIL POLICY OPTIONS: Determine this matter is not to be considered and remove item from the agenda, Requested by: Prepared by: Coordinated with: Attachments: Citizen Advised: N/A The Main Street Board of Directors Candace Horsley, City Manager David J. Rapport, City Attorney 1. Letter from the Main Street Board of Directors. 2. Petition. 3. Memorandum of Opinion from David Rapport, City Attorney. R'I\CM'kk Candace Horsley, Ci~ Manager AMAIN.ST Ukiah Main Street Board of Directors 200 $ School $~ Uki~h, CA 95482 [707] 463-6729 Dennis Denny President Denny Bicycles Ed Eversole Vice President Eversole Mortuary Paul Shimmin Treasurer Savings Bank of Mendocino County Donna Berry Cononiah Vineyards Kenn Cunningham KNTi Radio Larry DeKnoblough City of Ukiah Dede Ledford R & D Rentals Ledford Ranch Kathy Libby City Council Member Jason Van Housen Full Spectrum Candace Horsley, City Manager City of Ukiah 300 Seminary Ave Ukiah, CA 95482 April 5, 1999 Dear .CaP, da~e, The Board of Directors of the Ukiah Main Street Program, as the advisory board for the Downtown Parking and Improvement District, would like to strongly recommend to the City Council, the expansion of the Downtown Parking and Improvement District. This expansion would include one additional block. The addition would be South of the current district from Mill Street to Gobbi and West from Main Street to Oak Street. (See attachment A). This proposed expansion was originally suggested by then Mayor Sheridan Malone in 1996. In his view, this would be a method for the Main Street Program to acquire additional funds for their projects. As you know, Main Street utilizes the district funds to enhance its numerous programs and to promote downtown Ukiah. The Main Street Board of Directors has contacted every business in the district and has secured the support of the majority. (see attachment B) T~hank yo...._._...~u for all your efforts in making this a reality. Kris Rasmussen Executive Director Douna Dooley Associate Director Dennis Denny, President Enclosures: Attachment A Attachment B We, the undersigned merchants and business people hereby petition the Ukiah City Council and The Main Street Board of Directors to be included in the Downtown Improvement District (AB 1693). We understand this change of the current map will make us automatic members of the Main Street Program and that our annual assessment will be a doubling of our current business license fee (range is $25-$250) collected by the City of Ukiah and split with the Main Street Program. September 1998. I Business Address JPhone Represented by Law Offices Of RAPPORT AND MARSTON An Association of Sole Practitioners 405 W. Perkins Street P.O. Box 488 Ukiah, California 95482 e-mail: rapmar@jps.net David J. Rapport Lester J. Marston Scott Johnson MEMORANDUM (707) 462-6846 FAX 462-4235 TO: FROM: DATE: SUBJECT: Candace Horsley, City Manager David J. Rapport, Attorney at Law April 27, 1999 Request for Expansion of Boundaries of Downtown Parking and Business Improvement Area by Ukiah Main Street On April 5, 1999, the Ukiah Main Street organization submitted a written request to you to expand the boundaries of the downtown parking and business improvement area. The request was accompanied by a petition purportedly signed by a majority of the businesses in the area proposed to be added to the existing parking and business improvement area. CONCLUSION The City Council can expand the boundary of the Downtown Parking and Business Improvement Area by following the procedures (two City Council meetings: one to adopt Resolution of Intention, one to conduct a noticed public hearing) in the Streets and Highways Code. Any legal challenge to the Ordinance expanding the boundary must be filed within thirty (30) days of its adoption. A challenge is possible under Proposition 218, based on a claim that the assessment is a special tax. A court may conclude that the assessment is not a special tax. ANALYSIS The Parking and Business Improvement Area Law of 1989 authorizes the advisory agency to a City's Parking and Business Improvement Area to recommend to the City Council modifications to the boundaries of the Area. (See Streets and Highways Code §36540.) Upon receiving such recommendation, the City Council may propose a modification of the boundaries by adopting a Resolution of Intention which states the proposed modification and conducting a public hearing not less than twenty (20) or more than thirty (30) days after adoption of the Resolution of Intention. Notice of the public hearing must be published and shall be mailed to each owner of a business affected by the proposed modification S:\UWlemos99LMainStreet.wlxt April 28, 1999 Memorandum to Candace Horsley, City Manager Page 2 April 27, 1999 Subject: Request to Expand Boundaries of Downtown Parking and Business Improvement Area by Ukiah Main Street in the manner required by Streets and Highways Code §36523. The public hearing shall be conducted as provided in §36524 and §36525. (See Streets and Highways Code §36541.) Under those procedures, businesses which will pay fifty percent (50%) or more of the assessments to be imposed may file written or oral protests prior to or at the scheduled hearing. Upon receipt of a majority protest, the City must abandon the proposed modification for at least one year. (See Streets and Highways Code §36525.) The major problem with pursuing this modification as requested by Ukiah Main Street is Proposition 218. The assessments imposed by the City's Downtown Parking and Business Improvement Area Ordinance probably do not constitute assessments or property related fees within the meaning of Article XIII (D) of the California Constitution, which was enacted by Proposition 218. An assessment under that Article is a levy or charge upon real property for a special benefit conferred upon the real property. (Article XIII(D), §2(b).) A property related service means a public service having a direct relationship to property ownership. (See Article XIII(D), §2(h).) The Parking and Business Improvement Assessment is a 100% surcharge to the business license fee the City charges businesses. It is imposed on the business owner, not the property owner, and is not directly related to property ownership. However, Proposition 218 also added Article XIII(C) to the State Constitution, which requires a 2/3 voter approval of any special tax and a majority approval of any general tax. A general tax is a tax imposed for general governmental purposes. A special tax is a tax imposed for specific purposes, including a tax imposed for a specific purpose, which is placed into a general fund. (Article Xlll(C)(1)(a)(d).) An improvement area assessment might be deemed a special tax, since it is imposed to fund improvements and activities which benefit the improvement area. On the other hand, it is possible that the fees imposed by the Parking and Business Improvement Act of 1989 constitute a category of revenue measure which is not covered by either Article XIII(C) or Article XlII(D) as enacted in Proposition 218. Evans v. City of San Jose (6 CA 1992) 3 CaI.App.4th 728, 4 CaI.Rptr.2d 601 held that the Parking and Business Improvement Area assessments authorized by the Streets and Highways Code did not constitute a special tax within the meaning of Article XIII(A), {}4 of the California Constitution. That section requires a 2/3 vote for special taxes. The court in Evans concluded that the assessments were imposed on a small percentage of city tax payers and were used for a defined geographical area in the city. This distinguished the revenue measure from a special tax. (3 CaI.App.4th at 739.) The Court felt that the business license holder was specially benefitted by the assessment and for that reason was not subject to the requirements of Article XIII(A), §4. (Id.) It is possible a court would follow similar reasoning as to Article XIII(C). The Streets and Highways Code imposes a short 30 day statute of limitations on any legal challenge to an assessment levied under the Act. Section 36537 provides that an assessment levied under the Act shall not be contested in any action or proceeding unless the action or proceeding was commenced within 30 days after the resolution levying the assessment is adopted. Accordingly, the City would know within a short period of time after it adopted the revised boundary, whether the expansion of the boundary would be subject to a legal challenge. S:\U~Memos99~MainStreet.wpd April 28, 1999 Memorandum to Candace Horsley, City Manager Page 3 April 27, 1999 Subject: Request to Expand Boundaries of Downtown Parking and Business Improvement Area by Ukiah Main Street I hope this provides useful information in evaluating the Main Street request. D JR:can S :\LPdVIemos99LMainStreet. wpd April 28, 1999 ITEM NO._ 9b DATE' MAY 5.1999 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION REGARDING FILLING THE VACANCY OF THE UNEXPIRED TERM OF KRISTY KELLY Vice Mayor Kristy Kelly resigned her term of office effective April 21,1999, and the Council must now determine the process for filling the vacant Council seat created by her resignation. There are two options available for this process. 1. The Council may participate in the November 1999 Consolidated District Election, to fill the vacancy for the remainder of Kristy Kelly's term (through November 2000). Participating in this Election would cost the City an estimated $7,534, but could possibly be closer to $15,000 if the School District and Special Districts do not have any items on the ballot. A memo from City Clerk Marie UIvila regarding the costs of the election is attached for your information. 2. The Council may appoint a Councilmember to fill Kristy Kelly's vacancy. There are two alternatives for selection of candidates: 1) Soliciting applications from the public and conducting interviews, which has been the past practice of the Council; or 2) selecting from the candidates who ran in the last Council election, results attached. (Continued on Page 2) RECOMMENDED ACTION' Discuss and determine Councilmember to fill the unexpired term of Kristy Kelly. the process for appointment of a ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Candace Horsley, City Manager Marie Ulvila, City Clerk 1. Memo, dated April 8, 1999, from City Clerk Ulvila 2. Results of 1998 Election 3. Letter and Application from January 1997 Council vacancy APPROVED:" (~ ~ ~~_. ~,,, r Candace Horsl(~y, City ~anage 4:Can:AsrKelly The only statutory requirements relative to an appointed Councilmember is that the person is a resident of the City of Ukiah and a currently registered voter. If the Council prefers to participate in the November Election, staff will return with deadlines and process details. If the Council chooses to go forward with the application process, the letter and application sent to City Council applicants in 1996/97 are attached for Council's consideration. The letter and application will be updated and revised according to Council's direction and distributed to any interested members of the public. The City Council must either fill the vacancy by appointment or take action to call a Special Election within 30 days after the vacancy occurs. In this case, the City Council must take one of these alternative actions by May 12, 1999. MEMO To: Candace Horsley, City Manager From: Marie Ulvila, City Clerk ~ Subject: Special Election To Fill Vacancy on City Council Date' April 8, 1999 As per your request, I have contacted Mendocino County Clerk Marsha Wharff concerning holding a Special Election to fill the vacancy on the Ukiah City Council. The earliest date that a Special Election could be held is November 1999. She advised that usually there is a County-wide School District election and Special Districts election held in November. If the School District and Special Districts participate in a consolidated election, and the City of Ukiah chooses to participate at that time, our costs will be similar to the November 1998 election, which was ~ However, should the School District and Special Districts no__.~t have an election in November, and the City opts to pursue the Special Election solo, then our costs could conceivably be double that amount, or approximately $15,000. · Please note that the 1998/99 Fiscal Year Budget allocated 13_~ towards election costs (Fund 1105). The current balance in that account is 3_~. 0. There are no further expenditures anticipated for the remaining of this fiscal year. I have not investigated the possibility of carrying the balance of $6,316.20 over to the 1999/2000 Fiscal Year Budget, however, if that is feasible, it could very well assist in covering the cost of a Special Election in November 1999. The time frame for the November 1999 Election is as follows: Prior to July 12. 1999 - Prior to this date, the City Council needs to submit a request to the Mendocino County Board of Supervisors to hold a Special Election. An agreement with the County would also need to be approved by the City Council and submitted to the Board of Supervisors prior to this date. July 12, 1999 - First day to declare candidacy. November 2, 1999 - Election Day Please contact me if I can be of any further assistance. CERTIFICATE OF COUNTY CLERK TO RESULT OF THE CANVASS OF THE CONSOLIDATED GENERAL ELECTION HELD ON NOVEMBER 3, 1998 STATE OF CALIFORNIA COUNTY OF MENDOCINO ) )ss ) I, MARSHA YOUNG WHARFF, County Clerk of said County, do hereby certify that I did canvass the returns of the votes cast in the Consolidated General Election held November 3, 1998, in the City of Ukiah, and that the Statement of the Votes Cast, to which this certificate is attached, shows the whole number of votes cast in each of the respective consolidated precincts therein, and that the totals of the respective columns and the totals as shown for each candidate and for and against each measure are full, true and correct. WITNESS MY HAND AND OFFICIAL SEAL this 23rd day of November, 1998. (SEAL) MARSHA YC~'O/1/qG ~ARFF ~/ County Clerk-~ecorder Number ~SOL. PREC. NO. :ONSOL. PREC. NO. :ONSOL. PREC. NO. ~ONSOL. PREC. NO. ONSOL. PREC. NO. ONSOL. PREC. NO. :ONSOL. PREC. NO. ;SOL. PREC. NO. ,ISOL. PREC. NO. .SONSOL. PREC. NO. ISENTEE GROUP 007 ~,SENTEE GROUP 008 ;SOL. PREC. NO. 999101 T 0 T A L S **** OFFI( CITY OF UK..,. ~TATEMENT OF VOTES CAST AT THE GENOA-~--~-[T 3N, NOVEMBER 3, 1998 **** ' Measure Y 300 SEMINARY AVE., UKIAH, CA 95482-5400 · ADMIN. 707/463-6200 ' PUBLIC S~:ETY 463-6242/6274 ' · FAX # 707/463-6204 December 17, 1996 To All Prospective City Council Applicants: The Ukiah City Council has taken action to accept applications to fill the two year Council seat vacated by Mayor Sheridan Malone. As the policy makers for the City of Ukiah, Councilmembers must devote a large portion of their time, energy, and commitment to meet the needs and requirements of a Municipal Government. We are, therefore, see'king candidates for the City Council who share the same degree of dedication and commitment and who will seriously take on the role and responsibilities of a Council representative for the citizens of Ukiah. Applicants for the City Council should be aware that the time devoted as a Councilmember will not be limited to just attendance at two (2) regularly scheduled Council meetings each month. The Council has a series of special public workshops, as well as joint meetings with other legislative bodies or with City Commissions, that they must attend. Each Councilmember serves on a variety of regional or community based boards, which in themselves require a great deal of time and attention. There is also a myriad of events and functions which require Councilmember participation. Due to the importance of this Council position, the City Council has developed a questionnaire which all City Council candidates are requested to complete and return with their application. These questions are intended to afford you the opportunity to share with us the depth of your knowledge, and your awareness and perspectives concerning issues facing our community and City government. The City Council will also be meeting with each applicant to have a personal interview before a selection is made. The deadline for submitting City Council applications to the City Clerk's office is Thursday, January 2, 1997. The City Council will conduct the public interviews of all candidates within the following two weeks. You will be contacted as to the time and date scheduled for your interview. The final decision will be made by the Council at the January 15, 1997, City Council meeting. We are appreciative of your interest and willingness to participate in this important process and look forward to meeting with you during the forthcoming interviews. The City Council R:I~M LEFF~.CC '~x/c ~'e Here To Serve" CITY OF UKIAH APPLICATION FOR CITY COUNCIL DEADLINE: JANUARY 2, 1997 DATE: I am applying for an appointment to the City of Ukiah's City Council. NAME: Residence Address: Business Address: Employer: Residence Phone: Business Phone: Position/Job Title: Employed Since: How long have you resided in Ukiah? How long have you resided in Mendocino County? Please list any community organizations or groups you belong to or are currently affiliated with, and any offices held: 1. When submitting this application, please attach a complete resume covering your education, career, and community experience. 2. Please answer the attached questions as completely as possible on separate sheets of paper, and submit with this application. 3. I understand that all City Council interviews of City Council applicants shall be conducted in an open, public session, and that the interviews shall proceed in alphabetical order. Also, I voluntarily agree to wait in a room separate from the public interview session when other candidates are being individually interviewed by the City Council. In this way no single candi~tate will have a distinct advantage over the other. SIGNED: NAME: R:l~2M:kk APPLICATION .CC CITY COUNCIL APPOINTMENT Thank you for your interest in serving on the Ukiah City Council. Most of the questions have no specific "right" answer - we are interested in finding out how YOU would approach the issues. Brief responses, if they clearly represent your thinking, are appreciated. QUESTIONS FOR .APPLICATION 1. Why did you apply to serve on the Ukiah City Council? 2 a. What specific life experiences - personal, professional or through community involvement do you believe prepares, as well as qualifies, you to serve on the Ukiah City Council? b. What unique talents, skills or perspectives do you believe you will bring as an individual to the City Council? 3. The City Council is a policy board. What does that mean to you? 4 a. What axe the most pressing economic problem(s) of the City? What specific things would you do to solve them? b. What are the most pressing social problem(s) faced by City residents? What specific things would you do to solve them? 5. What methods would you promote in reducing City spending (examples include, but are not limited to, reducing the budgets of each department by the same percent, targeting specific programs or departments, etc.). 6. Discuss the term "team approach" as you think it applies to City governments and to how you would function as a member of the City Council. 7. Describe how you would approach/research a question you might have as a Councilmember. For example, "Is there a more cost effective way for the City to provide power to rate payers?" Who would you consult? What tasks would you delegate? How would you keep the public informed of your efforts? 8 a. A citizen calls you to complain that a clerk at City Hall was rude to her. How would you handle this? b. A citizen calls you to complain that City Hall is full of self-serving bureaucrats and says he does not trust any of them. How would you handle this? City Council Appointment Page 2 1 Show on this line diagram, ranging from least to highest priority, the activities you feel the City is legitimately involved with. Add additional items if you wish: Police protection, fire/ambulance, land use planning, business development, tourism promotion, parks, street maintenance, civic spirit promotion, coordinating with County, utilities, planning for growth, recreation, environmental quality, advocacy with State, beautification programs, historical preservation, promoting cultural expression, social concerns (eg. poverty, domestic violence), neighborhood watch programs, recycling efforts, solid waste issues. Should never Provide if funds Must provide are available 10. 11. 12. provide In a budget session, the Finance Department has just made a report on allocations of administrative costs. What process would you use to decide if you need more information about the figures? Because of the County Jail booking fees, the Ukiah Police Department currently has a policy of citing, rather than arresting, first time misdemeanor offenders. Discuss your thoughts on this policy. The City has established a number of working relationships with our local community- based, non-profit organizations in such areas as purchasing, economic development, low to moderate income housing, grant writing, etc. How far do you feel the City should expand programs and services through our community non-profit organizations, while reducing or minimizing its cost impact on the City? City Council Appointment Page 3 13a. What should the City Council's role be in promoting business? b. What should the ~ role be in promoting business? c. A retailer, promising 25 jobs and substantial sales tax revenues, wants to open a store in Ukiah. How would you want the City to address this opportunity? How would you, as a Councilmember, want to be involved? 14. How will you evaluate the effectiveness of the City Manager and department heads? What qualities would be most important for you to see evidenced by them? What would be "red flags" that might alert you to problems? If you had concerns, how would you address them, and how and when would you involve the public? Describe any experience you have in supervising managerial staff. 15. What is the meaning of representative government to you as a City Council member? 16. On which Council committees are you most interested in serving? What special skills or experience would you bring? R:l\CM:kk AppOINTMENT.CC Item No. 9c Date: May5, 1999 AGENDA SUMMARY REPORT SUBJECT: Authorize the Mayor to Execute Amendment No. 1 to the Participation Agreement between the City of Ukiah and the Ukiah Valley Sanitation District. REPORT: The Ukiah Valley Sanitation District (DISTRICT) has requested that the Participation Agreement with the City of Ukiah (CITY) dated July 19, 1995 be amended to define which budget items will be apportioned between the City and District based on the number of sewer service units and to define an approval method for those expense categories not included in budgets prior to the 1997/98 fiscal year. The amendment requires that any new budget categories that are not directly related to repair or replacement of existing facilities be authorized by a separate written agreement approved by both the CITY and DISTRICT. An agreement would be required if any expense is a capital expenditure in excess of $100,000, other than for repair or replacement of existing facilities or equipment, or involves a charge that can be lawfully imposed in either the city or the unincorporated area but not in both the city and the unincorporated area. In addition, paragraph 6.0 is amended to define the method for budget approval and for resolving disputed budget items. This amendment was drafted by the City Attorney and has been reviewed and approved by County Counsel. The Board of Directors of the Ukiah Valley Sanitation District approved the amendment at their regularly scheduled meeting of March 24, 1999. Staff recommends approval of the amendment. RECOMMENDED ACTION- Authorize the Mayor to Execute Amendment No. I of the Participation Agreement between the City of Ukiah and the Ukiah Valley Sanitation District. ALTERNATIVE COUNCIL POLICY OPTIONS: Direct Staff as to Council's Alternative. Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Coordinated with: Candace Horsley, City Manager Attachment: 1) Participation Agreement 2) Amendment No. 1 APPROVED:!_(~, '~') ~~. Canal-ace I-ror~ley, i~i-ty IV~nager PARTICIPATION AGREEMENT BETWEEN TIlE CITY OF UKIAII AND TIlE UKIAII VALLEY SANITATION AGREEMENT THIS AGREEMENT is made this %%~4~ day of ~U , 1995, be%ween the CITY OF UKIAH, California, hereinafter'referred to as "CITY," and the UKIAt{ VALLEY SANITATION DISTRICT, hereinafter referred to as "DISTRICT." PREMISES The U]¢iah Valley Sanitation District was duly created and formed by the Board of Supervisors of Mendocino County on July 6, 1954, for the purpose of providing sewage facilities for the u~incorporated areas suburban to the City of U}¢iah. The City of Ukiah has need for continuing operation of the sewage disposal facilities to satisfy the present and future sewage disposal requirements of its inhabitants, and Both CITY and DISTRICT have determined 'that present and future needs will best be served through the operation of joint facilities and that these facilities will best serve the interes-ts of the City of Ukiah and the Ukiah Valley Sanitation District and the inhabitants thereof. AGREEMENT CITY and COUNTY agree as follows: 1. The annual costs for treatment, including maintenance, operation, expansion, upgrading, administration, insurance and financial services of the entire sewer system (treatment plant, trunk sewer, and collection system) shall be apportioned between tile CITY and DISTRICT each year based upon the ratio of CITY to DISTRICT sewer service units for each year of operation. For the purpose of this Agreement, one sewer unit is defined as being a single unit of sewer discharge having characteristics of flow, B.O.D. and suspended solids equivalent to that generated and discharged by a typical single family residential unit. CITY shall be the paying and receiving agent for all DISTRICT o[)eration a~ld main'tenance funds. Cost apportionment between CITY a~ld I)ISTRICT as described above shall be adjusted annually at the beginning of each fiscal year of operation based upon tile ratio of CITY to DISTRICT equivalent sewer service units on record as of March 31 each year. 2. CITY shall obtain and maintain liability and property loss insurance coverage in the sum of $5,000,000 to protect DISTRICT and CITY against claims or losses, naming both DISTRICT -1- and CITY as insured parties. Nothing in this paragraph or this Agreement is intended to have the effect of making either party, or its officials, agents or employees liable for the torts, con[:ract..~ or griper obligations or debts of the other; provided, ~owever, that DISTRICT's ins[~rance st~all cover CITY employees for claims arising out of such CITY employees performance of services under this Agreement. 3. The title, management and control of the sewer treatment plant and any additions or changes to it shall remain in CITY. CITY shall maintain said plant and furnish personnel for the mai~ltenance, operation and control of said plant. CITY shall also service and maintain the trunk lines and collection lines. 4. CITY will not contract with any person, firm, or corporation outside DISTRICT's boundaries for treatment of sewage for said persons, firms, or corporations without the consent of DISTRICT. 5. DISTRICT will not contract with any person, firm, or corporation outside DISTRICT's boundaries for treatment of sewage for said persons, firms, or corporations without the consent of CITY. 6. To carry out the purpose of this Agreement, the Board of Directors of DISTRICT and the City Council of CITY shall meet together at such times and places as they shall agree, but in any event at least once a year beginning with the effective date of this Agreement. 7. The term of hi]is Agreement shall be thirty (30) years. CITY or DISTRICT may cancel this Agreement by giving the other party five (5) years advance written notice. 8. CITY or DISTRICT may connect the sewage collector mains and house laterals which have or may hereafter be constructed by the other, at points mutually agreeable to the City Engineer or other representative of CITY and to the District Engineer or other representative of DISTRICT. 9. CITY shall operate, maintain and repair DISTRICT's sewage collection system, including all sewer mains and laterals constructed within the DISTRICT as part of its sewer collection system. CITY shall maintain the system in good repair, and shall make all required repairs within a reasonable period of time. As part of its obligation under this Agreement, CITY shall construct all required sewer laterals for new connections from the nearest main %o the property line. If a subdivider is required to install sewer lines as a condition of the subdivision's approval, CITY shall be required to inspect the construction of those lines to insure compliance with DISTRICT standards, but CITY shall not be required to construct the lines or contract for their construction. -2- 10. CITY shall provide such maintenance, operation and repair in accordance with the rules, regulations and ordinances of DISTRICT applicable thereto as DISTRICT may from time to time adopt. 11. DISTRICT will establish by ordinance or resolution, as appropriate, such rules and regulations as are necessar~ for the orderly administration of DISTRICT's system. These rules and regulations shall include the use of the public sewers and drains, the installation of sewer lines and connections in buildings, the installation of sewer laterals and public sewer mains and the extension of these, the discharge of waters and wastes into the public sewer system, and sewer fees and charges, including connection fees, servic~ fees, and capacity charges. 12. DISTRICT will establish such fees and charges as will be sufficient to reimburse CITY for its actual costs of issuance of permits and cost of inspection. CITY shall maintain full and complete accountinG records on such services, which will allow the review of such charges not less than once each year so they may at all times reflect such actual costs. 13. CITY will maintain complete records and accounts relating to costs and expenditures made pursuant to or in connection with this Agreement, and of all sewer service revenues which it may have collected. The parties hereto have set their signatures below. CITY OF UKIAH UKIAH VALLEY SANITATION DISTRICT Chairperson ~i t~c i-e rk/ . Clerk of the B~ard -3- Amendment No. 1 to the Participation Agreement between The City of Ukiah and the Ukiah Valley Sanitation District This Amendment No. 1 amends the Participation Agreement between the City of Ukiah and the Ukiah Valley Sanitation District dated July 19, 1995 to reflect the following changes: Paragraph 1 shall read as follows: The annual costs for treatment, including maintenance, operation, administration, repair and replacement, expansion, upgrading, debt service, insurance and financial services of the entire sewer system (treatment plant, trunk sewer and collection system) shall be apportioned between the CITY and DISTRICT each year based upon the ratio of CITY to DISTRICT sewer service units for each year of operation. Expense categories not included in a approved budget prior to the 1997/98 fiscal year must be authorized by a separate written agreement approved by both the CITY and DISTRICT, such an agreement shall be required if any expense (1) is a capital expenditure in excess of $100,000, other than for repair or replacement of existing facilities or equipment, or (2) involves a charge that can be lawfully imposed in either the City or the unincorporated area but not in both the City and the unincorporated area. For the purpose of this agreement, one sewer unit is defined as being a single unit of sewer discharge having characteristics of flow, B.O.D. and suspended solids equivalent to that generated and discharged by a typical single family residential unit. CITY shall be the paying and receiving agent for all DISTRICT operation and maintenance funds. Cost apportionment between CITY and DISTRICT as described above shall be adjusted annually at the beginning of each fiscal year of operation based upon the ratio of CITY to DISTRICT equivalent sewer service units on record as of March 31 each year. Paragraph 6 shall read as follows: To carry out the purpose of this Agreement, the Board of Directors of the District and the City Council of the City of Ukiah shall meet together at such times and places as they shall agree, but in any event at least once a year, prior to the commencement of the fiscal year (July 1 - June 30) for, among other purposes, approval of the annual budget for the sewer system operations. 6.1 The CITY shall prepare the proposed budget for the sewer system which must receive approval from both the City Council and the Ukiah Valley Sanitation District Board of Directors. 6.2 If the City Council and the Board of Directors fail to agree on any item or items in the proposed budget, they shall appoint a committee consisting of one representative from each body to review the disputed items and make a recommendation for approval by both bodies. If the City Council and Ukiah Valley Sanitation District Board fail to reach agreement on one or more of the disputed items within a period of sixty days (60) from the date of the their joint meeting ("disputed budget item(s)"), the dispute shall be resolved as provided in subsection 6.3. 6.3 Disputed budget item(s) shall be resolved as follows: 6.3.1 The disputed item(s) shall be excluded from the budget or included under conditions acceptable to both parties until the dispute is resolved as provid~ed herein. 6.3.2 Either the City Council or the Ukiah Valley Sanitation District Board of Directors may request resolution as provided in this subparagraph 6.3, if the parties have failed to reach agreement on a disputed budget item as provided in ~l.~bparagraph 6.2, by providing the other party with a Notice of Dispute l~,esolution. Said Notice shall identify the Disputed Budget Item or Items which is to be submitted for resolution, the proposed remedy of the dispute, and the name, address, and phone number of the party's nominee to the Disputed Resolution Hearing Panel. 6.3.3 Within ten (10) days of receiving notice initiating dispute resolution, the party receiving notice shall submit the name, address, and phone number of its nominee of the Hearing Panel to the other party. Within ten (10) days thereafter, the two nominees shall meet and/or consult and select a third panel member, which shall complete the formation of the Hearing Panel. Each party and its nominee shall endeavor to appoint members of the Panel who have expertise in the subject matter of the dispute. Within ten (10) days of the Notice of Dispute Resolution, the parties may agree to a single arbitrator as a less costly alternative to the Hearing Panel. All references to the Hearing Panel shall include a single arbitrator, if the parties so agree. 6.3.4 The Hearing Panel shall establish such rules of procedure as it deems necessary to resolve the dispute provided that such rules must provide for a hearing at which each party may be represented by legal counsel and at which each party is entitled to present written and oral evidence and legal argument in support of its position. The Panel must hold the hearing and issue its written decision within forty-five (45) days from the date the third panel member is selected and agrees in writing to serve on the Panel. The decision of the Hearing Panel shall be reported to the parties who, within thirty (30) days of the date notice of the decision is given, must each meet and vote to accept or reject the decision. 6.3.5 Each party must act in good faith in considering the decision and should accept the decision unless the decision is contrary to law, clearly erroneous or in direct conflict with written ordinances or policies adopted by the party before the dispute arose. The decision shall be deemed approved by a party, unless within thirty (30) days of the date notice of the decision is given to a party, that party notifies the other party that it has rejected the decision. If either party rejects the Hearing Panel's decision, the disputed budget item shall be deemed disapproved and excluded from the budget. If the Hearing Panel recommends approval of a disputed budget item on conditions acceptable to the CITY and the DISTRICT rejects the decision, the CITY shall have the right to terminate this agreement by giving the DISTRICT one hundred eighty (180) days prior written notice of said termination; provided it provides that notice within sixty (60) days of the date the DISTRICT gives notice that it rejected the decision of the Hearing Panel. This Amendment No.1 is made this day of parties hereto have set their signatures below. ,1999, and the CITY OF UKIAH By Jim Maston, Mayor ATTEST: CITY CLERK CLERK OF THE BOARD SUBJECT: ITEM NO. 9d DATE: AGENDA SUMMARY REPORT MAY 5, 1999 CONSIDEI:~TION OF A PROPOSED AMENDMENT TO THE JOINT POWERS AGREEMENT BETWEEN THE CITIES OF FORT BRAGG, UKIAH, WILLITS, AND THE COUNTY OF MENDOClNO CREATING THE MENDOClNO SOLID WASTE MANAGEMENT AUTHORITY Submitted for the City Council's consideration and action is a proposed amendment to the Joint Powers Agreement between the cities of Fort Bragg, Ukiah, Willits, and the County of Mendocino creating the Mendocino Solid Waste Management Authority (JPA). The proposed amendment would, if approved, remove the requirement that the County of Mendocino's representation on the JPA Board be comprised of one "coastal" Supervisor and one "inland" Supervisor. The proposed amendment has been proposed by the Board of Supervisors and has been forwarded to the signatory members for action by Michael Sweeney, General Manager of the Mendocino Solid Waste Management Authority. The Joint Powers Agreement can only be amended with the unanimous consent of its signatory members. Supervisorial Districts 1, 2, and 3 are the Inland Districts and Districts 4 and 5 are Coastal Districts. As currently required, the Chairman of the Board of Supervisors must appoint either the District 4 or 5 Supervisor to represent the coastal districts on the Mendocino Solid Waste Management Authority (MSWMA) Board and either the District 1, 2, or 3 Supervisor to represent the inland districts. If the amendment is approved by the signatory members, the Chairman of the Board can select any two Supervisors to represent the County on the MSWMA Board without regard to geographical location within the County. As staff understands the County's commission/committee appointment process, the Board of Supervisors does not confirm or approve the Chairman's appointments to the various commissions or committees. The MSWMA General Manager characterizes the proposed amendment as a "minor issue", but City staff believes there was a valid reason for this requirement in the original JPA. Both the coastal and inland supervisorial areas are distinct in many ways and should be represented equally on the MSWMA Board. Why else was the agreement originally crafted as such? Each geographical area within the County has different solid waste issues and solutions and the creators of the JPA correctly recognized this fact. Mayor Jim Mastin is the City's representative on the MSWMA Board and will address this issue. RECOMMENDED ACTION: Consider the merits of the proposed amendment and take action to either approve or disapprove the amendment which would change the manner in which the County's MSWMA representatives are selected. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Michael Sweeney, General Manager of MSWMA Prepared by: Rick H. Kennedy, Director of Public Works/City Engineer Coordinated with: Candace Horsley, City Manager Attachments: 1. Proposed "Second Amendment" to JPA. 2. Sketch delineating County of Mendocino Supervisorial Districts. 3. Joint Powers Agreement. 4. Approved "First Amendment" to JPA. APPROVED: ,,,,L.~ R:I~-ANDFILL:kk Candace ager AJPA 0000000 PAGE 81 April 22, 1999 Fax Transmittal Candace Horsley, Ukiah City Manager Jim Murphey, Fort Bragg City Administrator Gordon Logan, Willits City Manager From: Michael E. Sweeney Mendocino Solid Waste Management Authority P.O, Box 123, Ukiah, CA 95482 Phone: (707) 468-9710 Fax: (707) 468-3877 Number of pages including cover sheet: 3 Peter Klein sent you a '2nd Amendment" to the MSWMA JPA Agreement which is being proposed by the Board of Supervisors. I'm not sure if it was clear from Klein's communication that consideration and action on this amendment is requested of your City Councils. The JPA can't be amended except by unanimous consent of its members. This is a minor issue which concerns how the Supervisors select their two representatives on the MSWMA Board. Your cooperation in bringing it before your Council would be most appreciated. Please advise me of your Council's action. Mike Sweeney 8888888 PAGE 82 JOINT POWER8 AGI~EIt~NT B~'W'BBIq THi~ CI'Ti:K8 OF I~:)/~ BI~GG, 0'KIAI4, WILLIT8 ,AND COUNTY OF ~I~~CI~O CIM~TI:NG ~ ME~CINO SOLID WABTE MANAGgM,~ AUTHOR/TY The second amendment to the Agreement dated October 19, 1990, is made and entered into by and between the signatories which are local governments in Mcndocino County acting through their respective legislative bodies. (PARTIES) The PARTIES hereby agree: 1. To amend Section 2 of the Jo/nt Powers Agreement executed by the (PARTIES) October 19, 1990 to read as follows: 2. _Estlkblishm. ent of the A_eency_/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 thc PARTIES to this Agreement. The name of said agency shall be the MEND.OCINO SOLID WASTE MANAGEMENT AUTHORITY, and shall hereinafter be referred to as MSWMA. The governing body of MSWMA shall bca five (5) member Commission composed of one elected member of the legislative body of each of thc signatory cities of Ukiah, Wil!its and Fort Bragg and two elected members of the Board of Supervisors of signatory County of Mendocino. · -,. ......................... ~ ........ ~-L~ct. No PARTY~ 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 PARq~ terminates its participation in this Agreement. The Commission shall be the administering asency of this Joint Powers 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 the purposes and functions provided herein. 2. All remaining portions of the Joint Powers'Agreement shall continue in full force and effect. 04/22/iBB$ OB'iB PAGE 83 IN WITNESS WHEREOF, the PARTIES hereto have executed the Second Amendment of this day of , 1999. ATTEST: CITY OF UKIAH City Clerk By ..... Mayor ATTEST: CITY OF FORT BRAGG City Clerk By. ATTEST: CITY OF WILLITS city Clerk By Mayor ATTEST; Clerk of the Board APPROVED AS TO FORM: H. PETER KLEIN, County Counsel COUNTY OF MENDOCINO CHAIRMAN, Board of Supervisors FORT EII~AGG BOARD OF SUPERU[SORS MEN]) CC~LO DOS 3 L~HIe ?0?4634245 P.02 5 ~11.o MAN~K. STI'R POINT HO~ND TOTAL P.01 / JOINT POWERS AGREEMENT BETWEEN THE CITIES OF FORT BRAGG. UKIAH, WILLITS AND THE COUNTY OF MENDOCINO CREATING THE MENDOCINO SOLID WASTE MANAGEMENT AUTHORITY THIS AGREEMENT is made and entered into this /~day of -~~-~ , 1990 by and between the signatories to this · AGreement, which are local Governments in Mendocino County, acting through their respective legislative bodies ("PARTIES"), 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, in addition to other powers which are common to each of them, to site, develop, construct and operate sanitary landfills for the collection and disposal of GarbaGe, trash and rubbish Generated within each of the PARTIES' territorial boundaries; and WHEREAS, the California InteGrated Waste ManaGement Act of 1989 ("Act") requires each of the PARTIES to prepare a source reduction and recyclinG plan which includes a landfill siting element; and WHEREAS, the PARTIES find that it would be to their mutual advantage and benefit to work together and share costs to: (1) site, license, construct and operate sanitary landfills and (2) prepare a source reduction and recycling plan that meets the requirements of the Act; and 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; and WHEREAS, it is the intent of the PARTIES that other public agencies within the County that exercise the same common powers of MSWMA shared by the PARTIES may at a later date join the agency established by this Agreement as nonvoting public agency members by paying a pro-rata share of the organizational, developmental and other costs or expenditures of the agency, as determined by the agency board created herein; and as provided for by contract between MENDOCINO SOLID WASTE MANAGEMENT AUTHORITY and said participating nonvoting public agency member; NOW THEREFORE, based upon the mutual promises contained herein, the PARTIES hereby agree as follows: 1. ~urpose. The purpose of this Agreement is to establish an agency to be known as the MENDOCINO SOLID WASTE MANAGEMENT AUTHORITY ("MSWMA") for the purpose of: (a) siting, licensing, developing, constructing, maintaining, and operating MSWMA disposal sites or sanitary landfills, (b) preparing and implementing a MSWMA Solid Waste Management Plan which meets the requirement of the Act, and (c) exercising all other appropriate powers reasonably necessary to carry out the purpose of this Agreement. 2. Establishment of the Agency/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 said agency shall be the MENDOCINO SOLID WASTE MANAGEMENT AUTHORITY, and shall hereinafter be referred to as MSWMA. The governing body of MSWMA shall be a five (5) member commission composed of one elected member of the legislative body of each of the signatory cities of Ukiah, Willits and Fort Bragg and two elected members of the Board of Supervisors of signatory County of Mendocino, one representative from a coastal supervisorial district and one representative from an inland supervisorial district. 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 administering agency of this Joint Powers 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 the purposes and functions provided herein. 3. Nonvoting Public Agency Members. Public agencies which 3ointly exercise any power common to MSWMA, other than the PARTIES hereto (the City of Ukiah, City of Willits, City of Fort Bragg and the County of Mendocino), may be granted the status of a nonvoting public agency member of MSWMA by the Commission. A nonvoting member is not a PARTY under this Agreement. 4. Organization of the Commission. The commissioners shall: (a) Elect a chairman, a vice-chairman, and a secretary, and such other officers as the Commission shall find appropriate, to serve the Commission at its pleasure or for such term as may be provided by Commission rule. (b) Establish an Executive Committee, and such other committees as they shall find appropriate. For two years from the effective date of this Agreement, the Executive Committee shall consist of the County Administrator, the Fort Bragg City Administrator and the City Managers of Ukiah and Willits. After this two year term, the Commission shall designate the membership of the Executive Committee in its bylaws. The Committee shall make policy recommendations to the Commission and may exercise any other power of the Commission delegated to it by bylaws adopted by the Commission. (c) Provide general directives for the work of such committees. (d) Take appropriate measures to meet the financial requirements of MSWMA, by assessments and other contributions, as hereafter provided for, and make other provisions as they shall find appropriate for the work of the Commission. 5. Executive Officerm. The Chairman of MSWMA shall preside at all meetings of the Commission and perform such other duties as the Commission shall instruct. The duties of the Vice- Chairman and the Secretary shall be the usual and customary duties of such officers. 6. Treasurer and Controller. The Treasurer of this Agency shall be the Treasurer of the City of Ukiah. The Auditor or Controller or other chief financial officer of the City whose treasurer is the Treasurer of this Agency shall be the Controller of this Agency. 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 Agency shall cause an independent audit of the Agency'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 Agency shall be the depositor and have custody of all the money of the Agency from whatever source. The Controller of the Agency shall draw warrants to pay demands against the Agency when the demands have been approved by the Commission or by the General Manager or the Assistant General Manager 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. 7. General Manager. The Commission may appoint a General Manager, and may appoint one or more Assistant General Managers, to serve at the pleasure of the Commission. The General Manager shall have charge of, handle, or have access to any property of this Agency, and shall furnish bond in an amount to be fixed by the Commission. "Property of this Authority" as used in this paragraph does not include property of a member public entity used for Agency purposes, unless that Agency member specifically authorizes such use. 8. Meeting~. 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. Each PARTY to this Agreement shall authorize and designate its representative or representatives to vote for it at all meetings of the Commission. In addition, each PARTY to this Agreement shall designate one or more alternates, who shall have the power to vote in the place and stead of the designated representative, or representatives, in his/her absence. Each PARTY shall file with the Authority a certified copy of the minutes of the meeting or resolution reflecting the appointment of such representative or alternate(s) provided each alternate is an elected member of the legislative body of each party and so long as the County of Mendocino maintains the coastal and inland representation described herein. Each PARTY to this Agreement, so long as this Agreement has not in any way been terminated as to such PARTY, shall have one vote, except for the County of Mendocino which shall have two votes. 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. 9. Powers and Functions. MSWMA shall have any and all powers authorized by law to all of the PARTIES hereto, and separately to the Agency herein created, relating to the acquisition, siting, licensing, construction, financing, disposition, use, operation and maintenance of solid waste disposal sites or sanitary landfills for the disposal or recycling of garbage, rubbish and trash generated within the boundaries of such PARTIES, and preparation of a solid waste management plan that meets all the requirements of the Act. 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 MSWMA. MSWMA 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, corporation and any governmental entity; and to'sue and be sued in its own name; and generally to do any and all things necessary or convenient to provide landfill sites for the disposal of garbage, rubbish and refuse. Without limiting the foregoing generality, MSWMA may: (a) acquire and dispose of all kinds of property and utilize the power of eminent domain, except that the power of eminent domain may not be exercised within the territorial limits of any PARTY without the consent of said PARTY; (b) 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 1 (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 MSWMA or any of its PARTIES; (c) obtain in its own name all necessary permits and licenses, opinions and rulings; (d) whenever necessary to facilitate the exercise of its powers, form and administer nonprofit corporations to do any part of what MSWMA could do, or to perform any proper corporate function, and enter into agreements with such a corporation; 10. Exercise of Powers. The manner in which the MSWMA, the administering agency, 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 hereof 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. 11. pebts. None of the debts, liabilities or obligations of MSWMA shall be the debts, liabilities or obligations of any of the PARTIES of MSWMA unless assumed in a particular case by resolution of the governing body of the PARTY to be charged. 12. Membership. This Agreement shall become effective on the date of its execution as hereinabove stated; provided, that if any "public agency" of the County, as such term is defined in Section 6500 of the Government Code of the State of California, desires to participate, as a nonvoting member, it may do so by separate agreement with MSWMA at that time and payment to MSWMA of a pro-rata share of organization, planning and other costs and charges as determined by the Commission to be appropriate. 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 MSWMA, 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 MSWMA (based on the number of MSWMA parties and the total indebtedness of MSWMA as of said date) as of the date of service of notice of termination on MSWMA, as a condition precedent to such termination and withdrawal; provided, however, that this obligation shall not extend to indebtedness of MSWMA or a nonprofit corporation created by MSWMA and secured by contracts with member PARTIES or by nonvoting public agency members, as the liability of these agencies will be determined by contracts entered into by these agencies with the MSWMA. , The termination of participation by nonvoting public agency members shall be determined by the terms of the contract between MSWMA and the nonvoting public agency defining the relationship of MSWMA and the nonvoting public agency. 13. ~taff. The staff of the Commission may be hired as full-time or part-time employees of MSWMA or the Commission may independently contract for the provision of professional services as required. Staff may also be appointed to serve the Commission from the existing staff of the PARTIES to be paid by the Commission or at the expense of the employer agency. MSWMA staff, other than employees of a party performing services for MSWMA, shall be hired, promoted, disciplined or terminated and shall have such rights of employment as the Commission shall determine subject to any applicable provisions of federal or state law. 14. ~erm. This Agreement shall remain in effect until terminated by a majority vote of the PARTIES. 15. Budget Process/Funding. It is the intent of this Agreement that each PARTY shall jointly approve the MSWMA's proposed budget for each fiscal year's operation of MSWMA, in the following manner, namely: 1. MSWMA shall once each year, during the months of March and April, prepare a proposed budget for the MSWMA. 2. After preparation of the budget, MSWMA shall transmit a copy of the proposed budget to each PARTY. Each PARTY shall promptly review the proposed budget. 3. 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 MSWMA 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. 4. In the event a PARTY is not in agreement with the proposed budget, the Commission shall notify that PARTY of the 11 time and place of the MSWMA hearings and it shall be incumbent upon said PARTY to be present at such hearings so that a resolution of the matter can be reached. The PARTY's failure to attend such hearing shall be treated as approval of the proposed budget. 5. By no later than , 1990, the Commission shall adopt the final budget. Upon final adoption of the budget by the MSWMA, 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. 6. 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. 7. 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. 16. Additional Fundinq. Upon the request or approval of MSWMA, any PARTY hereto may make payments, advances or contributions to MSWMA from its treasury for any and all purposes set forth herein, and upon request or approval of MSWMA, may contribute personnel, equipment or property, in lieu of other 12 contributions or advances, to assist in the accomplishment of one or more of such purposes. Ail 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. 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. 17. Re__~ent or Return of Contributions. Repayment or return to any contributing PARTY of all or part of any payment, advances or contributions in cash or in kind may be authorized by the Commission from revenues produced from the operation of the agency or from the proceeds of the issuance of bonds or other evidences of indebtedness by the agency. 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. 18. Accountability. MSWMA 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 sound account practices. 19. Dissolution. Upon dissolution of the MSWMA as a legal entity, all debts of and advances of MSWMA shall be paid, and then the property of MSWMA, whether real or personal, shall be divided among and distributed to all of the PARTIES who at any time during the existence of MSWMA were PARTIES to this Agreement 13 in proportion to the costs borne by each such PARTY to the MSWMA during its legal existence by non-reimbursed contributions made pursuant this Agreement. 20. Insurance. The Commission of MSWMA 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 MSWMA and each of the PARTIES hereto, charging the cost thereof to the operating costs of the MSWMA. 21. 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 1 of the Government Code of the State of California and as provided by law. 22. 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 14 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 3ointly 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 reasonable time, after the conclusion of said 3oint meeting of the legislative or governing bodies that have met to resolve their differences, within which to cure any breach or alleged breach. 23. Severabilit¥. 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 15 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. 24. Notices. Ail 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. 25. 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. IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement on the date first above written. ATTEST: CITY OF UKIAH ADDRESS - BY: CITY OF FORT BRAGG 41b . ih ADDRESS CITY OF WILLITS CITY CLERK [ MAYOR C~ER~ OF THE BOARD COUNTY OF MENDOCINO ADDRESS ~IA/~MAN, BOARD ~/su~.~wso~s APPROVED AS TO FORM.', H. P~.~ER KLEIN County Counsel rev. 9/14/90 17 FIRST AMENDMENT JOINT POWERS AGREEMENT BETWEEN - THE CITIES OF FORT BRAGG, UKIAH, WILLITS AND THE COUNTY OF MENDOCINO CREATING THE MENDOCINO SOLID WASTE MANAGEMENT AUTHORITY This first amendment to the Agreement dated January 7 199..2 is made and entered into by and between the signatories which are local governments in Mendocino County acting through their respective legislative bodies (PARTIES). The PARTIES hereby agree: : To amend Section 1 of the Joint Powers Agreement executed by the PARTIES October 19 , 1990 to read as follows: "1. PURPOSE- The purpose of this Agreement is to establish an agency to be known as the MENDOCINO SOLID WASTE MANAGEMENT AUTHORITY (MSWMA), empowered to undertake the following- A. Siting, licensing, developing, constructing, maintaining, and operating disposal sites, sanitary landfills, and recyling centers. In fulfillment of these powers: 1) When requested to do so by an ownership entity, MSWMA may assume the role and responsibility of operational management of recycling centers at existing or future landfills or other sites within Mendocino County. 2) When requested to do so by an ownership entity, MSWMA may assume operational management of existing landfill operations on a contract basis with jurisdictions owning landfills. 3) When requested to do so by an ownership entity, MSWMA may exercise rate setting authority, including the establishment of gate fees, at those landfills owned, managed or contract operated by MSWMA for, but not limited to, sufficient set-asides'for remediation, closure and post-closure costs. 4) The MSWMA may exercise and assume responsibility for the siting, development and operational management of new landfills, material recovery facilities and/or transfer stations. 5) The MSWMA may enter into cooperative public : · ventures with other public agencies or Joint Powers Authorities to site, develop and/or operate regional landfills, material recovery facilities and/or transfer stations. 6) To the extent permitted by law, the MSWMA may enter into cooperative ventures with any individual, partnership, Joint venture, unincorporated private organization, or private corporation to site, develop and/or operate regional landfills, material recovery facilities and/or transfer stations. 7) When requested to do so by a member entity, the MSWMA may assume franchising and franchise administration responsibility for solid waste handling services administered by said entity. B. Preparing and implementing a MSWMA Solid Waste Management Plan which meets the requirement of the Act. C. The exercise of all other appropriate powers reasonably necessary to carry out the purpose of this Agreement." 2. All remaining portions of the Joint Powers Agreement shall continue in full force and effect. IN WITNESS WHEREOF, the PARTIES hereto have executed this First Amend~ on this ATTEST: day of , 1992. 'MAYOR ATTEST: CITY CLERK CITY OF FORT BRAGG by MAYOR ATTEST: CITY CLERK CITY OF WILLITS by MAYOR ATTEST: CLERK OF SAID BOARD COUNTY OF MENDOCINO by CHAIRMAN Board of Supervisors APPROVED AS TO FORM: . ETER KLEIN County Counsel CITY OF WILLITS CITY HALL- 111 East Commercial Street, (707) 459-4601 · Fax (707) 459-1562 POLICE DEPARTMENT- 125 F_. Commercial St., (707) 459-6122 · Fax (707) 459-0405 Willits, CA 95490 April 29, 1999 Richard Shoemaker, Chairman Mendocino County Board of Supervisors 501 Low Gap Road Ukiah, CA 95482 Subject: Proposed Second Amendment to Joint Powers Agreement Between the Cities of Fort Bragg, Ukiah, Willits, and the County of Mendocino Creating the Mendocino Solid Waste Management Authority Dear Richard, At its meeting of April 28, the Willits City Council reviewed the proposed Second Amendment to the MSWMA Joint Powers Agreement and, following significant and extended discussion, by Minute Order took unanimous action to not approve the proposed Second Amendment. While several issues were discussed relative to this proposal, the consensus of the Council appeared to be that the existing language in the Joint Powers Agreement assuring that unincorporated residents from both the coast and inland areas are represented in decision making related to the various programs provided by MSWMA is of critical importance. During the discussion, a potential addition (where language is proposed to be stricken) could read, "... County of Mendocino, one of which shall represent the_ coastal area." However, upon further discussion the Council realized that this may create a circumstance wherein both County representatives are from the coast and the whole purpose of full geographic representation would be negated. The City of Willits looks forward to the continued successful operation of the Mendocino Solid Waste Management Authority providing valuable hazardous waste, recycling, and other related services. ~%~.,~._~_Gox~on Logan City Manager GL:tjd CC-' City Council Jim Murphey, City Administrator, City of Fort Br~gg Candace Horsley, City Manager, City of Ukiah ~' Mike Sweeney, General Manager, Mendocino Solid Waste Management Authority 05-05-1999 02:29PM FROM RAPPORT & MARSTON TO 94636204 P.02 ~~EN ~ O~ ~ ~ DEP~~ ~s ~e~ m~e ~d ~~ into tbs 1 ~ ~y , ~ · ~n~mr, ~ i~ ~t ~ ~e ~ of ~ffomi~ . ,. . :. ., ~~~~: ~t ~ ~ hero have tautly ~v~~ pm~ do co~ ~d ~ ~& ~h o&~ ~ follow: ~ . . 2. ~OPE OF S~~S: W,E. Mll ~~ ~ces a~ent. 3. COM~PENSATION AND PAYME~: W.E. will provide the billing a,~ticcs as stated for a f~: as outlined in Apl~adix A. W.£. will ~voice provid~ at the ~nd of ~°h montk Invoices am payable upon receipt and shall be deeme~ late if not received by W.E. within thirty (30) calendar da~ of the invoice date. 4~ FINANCE CHARGE: Account balancca more than mne~y (90) di't3ts old are subjeot to a monthly interest charge of 1 1/2%. ; ~. AGENC~ RELATIONSBIP: W.E, is an indcp~dcnt bKling aervi~ 6ontmctor. and provid,r sp~Lfically designates W.E. as its ~nt for thc purpose of pcrfon~ng ~ services described in App~dix A of this t~greement. W.E. and provider agree that the in--cs for Medicare and Medi-Cal may ~t claima ~ and subm/ta~ by W.E. on behalf ot~ovider only so long as this asrccment ~maain~ in effect. .: . 6, PERFOrcE MONITORING: W.E. ~r, es to allow Provider, of' ~ay ag~t or Consultant as they deem so qualified, to monitor, audit, review,, examine, or study the '.me,' tho~ procedures and results of the billing and collection methods med. [, ' : .. '. ... 7, COM:PLYING ~ TIIE LAW: W.E. shatt adhere to all at:rplic~li~ state and federal laws and regulations in effect during the term of this Agre~ 05-05-1999 02:29PM FROM RAPPORT & M~RSTON TO 94636204 P.03 12. PROVIDER RESPONSIBII,rIIES'. Provider shall have thc followi~ irespom:bilities to W~E. (a) Provide W.E. with the proper documentation necessary to prepare ela~.s ~ reach final adjudication, (b) Provide W,E. with any correspondence from the fi~l intermediar/cs, ~!~, attorncys, patient~ in o~'der for W.E ~o perform proper follow up of outstanding ~.l!ngs and proper posting and tracking of accoums receivable. : : (c) Obtain l~tient sisnature or t~tlem repre~ntative signature on trip rickel 'hr indicate why unable to obtain signam. !, , . 13. DISPUTES: If the serdc~s of any attorney are required by my.party ~ ~e, cure the hereof or otherwise upon the breach o~ default of mmher paw/, or. ifI .any judicial remedy or arbitration is necessary to enforcc or interpret any provision of this agreemeSt or tlae righ~ and d~ies of any Ix'r~on in relation thereto, the prevailing ~ shall be entitled to r~,onabb atto~s fee~, corn and other expenses, in addition to any other relief to which such part~ ~..y be entitled. 14. CONTINUATION' DIvlitNG I)ISPIfIES: W,E. and ~ provider a~ that, notwithstanding the existence of any dispute betxveen the l:~'fies0 insofar as possibl¢i hfldcr thc terms of th~ Agreement to be catered in~o, each pan,/will continue to perform the ~igations required of it during the continuation of any such dizla~te~, unless enjoin~ or prohiblt~l by any court. If any provision of this Agreement is held by a ooun of competent jurisdiction to be invalid or uncnfomcabl¢, the remainder of fl,,e Agreement shall continue in full forcet.~md effec~ and shall in no way be impaired or invalidated. ,; 1-- 15. EXCW$lg OF NON-PERFORMANCE: Neither party shall bc liable?°r dmnages to the otJler party for failure of performance under the terms of this Agreement .ila'~tae event ~ party's performance is prevented or made unreasonable, difficult or costly bya~ labor dispute beyond control of the party, war. ~emm,ntal action, looting, vandalism, oar~l~, fire, flood, or any other natural oocurmnce. 16. DESENGAGIEbtENT AGREEM]ENT: Upon termination of tl F.x~rpris~ will continue to perform billing services to the dat~ agreed ~ W.E. will return to. provider all previously retained source doramen~ along outstanding accounts receivable, Any balmac~ still renmining on perc~ ~ge portion of contra~ shall be reimburmd to W.E based on mutual agreed upon tmrc~ based on historical 17. ENTIRETY: Any of the terms or oonditiom of this Agreemem may~ the ~ entitled to the benefit thereof, bm no such waiver shall affect waiving party to require obser,,~nce, performmace or satis~tion either of its applies on the subsequem occ~ion or of any other term or condition hem ., te contract, Wittman , as ~ termination da~. Wi~ a full acco~mting of 05-O$-1ggg 02:30PM FROM RAPPORT & MARSTON TO g4S36204 P.04 Not~fing in this ,Agreement, whether express or implied is intended ~o c~ any rigl~ or remedies uixter or bv reason of this A/rcariemt on any persons other than the partieSi~ it and their respective succ~cgs' and assigns, nor is any~ng in ~his A~'eement imcnded to~ t~lieve or discharge obli~tion or liability of any third persons to any. party to this Avremnent .not./hall any provisio~ give any third persons any rights of subrogation or action over against any party '~. ~is Agreement :] . This ~ent sets forth the entire understandir~ of the parti~ wi~h ~t to the subjec~ herein. There ar~ rio other undemtandings, terms or other ~ents ;exp~.d or implied, oral or wrinen, except as set forth herein. 18. APPLICATION OF LAWS AND FORUM SELECTION: The imerpretation and enforcement of this ~ent shall be governed by the law~ of the $~ of California and the Parties agree to jurisdiction and venue in the Courts of Mendocino County, ., 19. DUPLICATE ORIGINAL,i: This Agreement may bc execut~ 'i~ itwo or mor~ duplicate originals, each bearing h~e original sil~natures of the parties. When so exech~l, each such duplicate original shall be admissible in administrative or judicial proc~~ a~! evidence of th~ parti~ Agre, eIIlent '.. IN WITNESS WI~,REOI~' thc parties hereto have executed It~is Agrcem~t thc day and year first herein above written. ~.. i' , Witanan Emerlxises Provider: Cily of Ukiah Fire Dcpar~cnt (Print Name) (Title) 05-05-1999 02:31PM FROM RAPPORT & MARSTON TO 94636204 P.05 WITTMAN ENTERPRISES{PRIVATE 21 Blue Sky Court, Sui~ (916) 381-6552 (800) 772-6552 CITY OF ~ FIRE DEPARTMENT :, Appendi~ A ' L Priva~ Billin~ ~ ' ~ . Wittman Enterprises to p~c all invoige, s and follow-up maiI~, ~ invoicing wi~ English and Spanish in--ohs will be on 8Xl I billings and will be plac~ 'm envelop, sealed and marled, postage prepaid. Initial invoicing occurs within thr~ (3) chys ofr~ipt of transport tickets. Toll Free 800 telephone number provided ~o pafi~. An initial telephone C4dl will also be made at · is ~ime to ehcit any insm'ance informm, ion from the parlor or patient's ~ly. If' we receive no answer on this call, Wittman's will send an inquiry letter in addition to ~e initial invoice. The standard bill schedule is as follows: Private Bill Schedule 1. Invoice Immediately 2. Statement 30 days 3. Past Due 20 days 4, Final Demand 10 day's Medicare. Mcdi-C~l, Medi-M~i Wittman En~erpdse~ to prepare all invoices and electron~lly convey fiscal imermediaries. Medicare and MeAi-Cal · ; All secondm), and coimmance billing tnmsf~ to the app~lalate ~d~,y pay source and promptly billed to that source. ~ nY_ ~Workers,' Compen~tion and Pr~va~ Inmuranc~ ' Wittman Enterprises to bill private imuranc¢, supplemental imuram~, iCr'°ndary insurance and Workers' Common billed according to specific requirements. Elect, ~c billing of insuran~ companies is performed where appropriate. : Any correspondence for additJona~ informalion or follow up necess~ to ~ insurance paymeflrz wilt be performed by Wittman Enterpdses. 05-05-1999 02:J1PM FROM RAPPORT & MARSTON TO 94636204 P.06 IV, Delh~tu~t_~hjm Ha_ndlin~ , Patients with claims aging over 45 days will be contact~ by telephone fo~ p~ymellt arran~ments. Telephone follow up will continue until payment in full is received or ~t is dismissed by City of Uldah Fire Depam~ent to a~ outside collection agency. Wittman Eni~prises wil! utilize installment billin~ as allowed by City of Uldah Fire Department in cases of financial hardship. v. ~.~s_ l'r~ Wittman Enterprises will rcc~v¢ oopi~ of paymtmts dv~sited by City c~ Ukiah Fire Departme~ and post those payments to the ¢onv~ patient account wi~in one (1) day of~ipt . , Monthly, Wittman ~ses will perform accurate month end close proc~rcs which will result in the followin~ r~ports: Monthly Ticket Survey . Mont~dy Salez Journal Momhly Cash Receipts $oumal Monthly Receivables Aging Managcmem A/R Analysis Statistical R~ cuswmiz~cl to client needs Pr _ovider Rmponsibfl~,es Submit n,c~ssary transport information, including pay sou~ !infomaiion and eam~fi~ to Wittman Enterprises for billing purposes. ': Forward to Wittman Enterprises all ncccs.~ry i~ rc.ll~ihg to pati~t transports services, payments and patient eligibility. Notify Wittman Enterprises of. any acco~ that require special atention. Obtain signature of pat/en~ or guardian. Provide patient's Social Security Number VrH~__- _~.n~rce Docume,t~ Wittman Enterprises will retain all source documenis including atmchrnent senrice contracted is terrninsied, all source documems are ~ ro City ;.fOr six (6) years. Wheal 05-05-1999 02:31PM FROM RAPPORT & MARSTON TO 94636204 P.O? Percento~ of Net Colle,~tiotls Monthly r¢tmrts 7.75% Included 05-05-1999 02:32PM FROM RRPPORT & MRRSTON TO 94636204 P.08 In W~. ~ LIABIIJTY: Provide. und~slands, agr~ ~ responsi~ ot obli~ for de~m~ng t~ ~ of any clai~ il. WE. SER¥iCEIg AND ~NSIff~__~,TIE$: W,E. studi pe, fform t~ i (a) (~) (,d) TOTAL P.08