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1999-01-20 Packet
PROCLAMATION WttEREA& born in the fires of a revolution and tempered by civil war and foreign conflicts, the United States of America today embodies the highest ideals of freedom and democracy; and WHEREAS, for over two hundred years millions of Americans have answered our nation's call to defend our freedoms and our democratic form of government against all enemies; and H/tiEREd, such service has required sacrifice, hardship, endurance, dedication, bravery, courage, and the highest level of patriotism; and WltEREAS, Freedom is not free and the 26 million American men and women who have served our country and paid very dearly for the freedom we all enjoy deserve special attention; and WHEREAS, the Veterans of Foreign Wars of the United States (VFW) was founded in 1899 by veterans of the Spanish-American War and is dedicated to serving all of America's veterans and their families; and NOIr, THEREFORE, I, Jim Mastin, Mayor of the City of Ukiah, on behalf of my fellow City Councilmembers, Kristy Kelly, Phillip Ashiku, Phil Baldwin, and Kathy Libby, do hereby call upon our fellow citizens to recognize the 100TH ANNIVERSARY OF THE VETERANS OF FOREIGN WARS OF THE UNITED STATES and urge ali individuals, schools, businesses, churches, and civic organizations to proudly display the Flag of the United States of America and participate in programs honoring the VFW and all of America's veterans. Dated: January 20, 1999 Jim Mastin, Mayor :, ! MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, January 6, 1999 The Ukiah City Council met at a Regular Meeting on January 6, 1999, the notice for which had been legally noticed and posted, at 6:30 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Councilmembers Libby, Baldwin, Ashiku, Kelly, and Mayor Mastin. Staff present: Public Utilities Director Barnes, Community Se~ii~s Director DeKnoblough, Finance Director Elton, Assistant City Manager Flad~iiii~.isk M~ager/Budget .... !:i:!~:!:!:~:!'. Officer Harris, City Manager Horsley, City Attorney Rapp.~, Fire G~il~fli!...S.:~:~lelin, Planning Director Sawyer, and City Clerk Ulvila. Councilmember Baldwin led the Pledge of Allegi~..c.e a. Introduction of New Employees Brian Lane, Firefighter/Paramedic Fire Chief Sandelin advised that Firefighter/Pa..E~~:ic Bria~i~iiiiii~iii~he newest member of the Ukiah Fire Department B-Shift and .b.....a.'"~iii~!!~a..rmly a~!~ by his Shift mates. Fire Captain Mark Hilliker, Brian Lan..e.:i~ii!§hift C~~~ii~i~'ssed Brian's educational background and noted that he atte.~'ed the;~!ii~irefig~{~i!i~:...:.~demy through Santa Rosa Junior College. After completing .t.:~i~iFire A~'emy, B~!~'n began working as an EMT with Ace Medical Transportation in .S~:~ Ros~ii~nd late~i~'r Sonoma Life Support (SLS). He attended the Paramedic ProgenY' at Sa..~!iRosa..:::;~ior College and completed his field internship .w.:.it.h the San Er.:."§~i~:o Dep~~i~¢~i~'ublic Health FirefigH~~edic':*"~i~ expr~'~:;'~! his happiness to be working for the City of Ukiah. Ti~:~iii~!~iiii.'.o....n his '~ii~ii~i~i.r:.¢at and he is looking forward to being an employee 3b. Lu{~er Kincl Day May0.r::::~.~stin read tl~'~iii~~:~ation supposing January 17 and 18, 1999 as Ukiah's sixth an .n..:~i~:~observance of '~i?i~:~tin Luther King Day and encouraged citizens to participate in.:~ scheduled acti~i~!i;es:'and programs associated with the event in Ukiah. ;.:.:.:.:.:.:.:.:.: :.:.:.:.:.. :.:.:.:.:.:.:.:.:.:. .::::::::::.' ======================= ..::i:!:!:!::" ~a~btia Peoples~cepted the proclamation and thanked the Council for their support. ::::::::::::::::::::::::::::::::::::::::::: ...... ::::::::::::::::::::::: ~i~~~i!~!i~OSED SESSION ITEM M~ii~:i'n advised that the need to take immediate action arose after the agenda was prepared in accordance with G. C. §54954.2(6)(2), Conference with Legal Council- Existing Litigation - G. C. §54956.9, Citizens for Responsive Government v. City of Ukiah, Mendocino Superior Court #79997. January 6, 1999 Page 1 MIS KellylAshiku to add the Emergency Closed Session item to the agenda, and carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, Kelly, and Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: None. 4. APPROVAL/CORRECTION OF MINUTES a. Regular Meeting of December 16, 1998 Councilmember Kelly recommended the following corrections: Page 11, last paragraph, first sentence: "...attending the meeting of the Local Government Commission and reception...". The last paragraph, third sentence should re~: "...federal government with comparable formula to what was presented by Ri~::Ken.~;~, at the prior City Council meeting." ,, .... Page 12, second paragraph, first sentence: ...regardin...~ii~epert~ili~ii~i~..e...st of the jail...'.', and second sentence: "...a 40-year agreement un..d..~?J~edevet~~:..~i~.t MCOE h~' access to that property." Councilmember Libby referred to a conversatio~iiii~~:~"Councilmem~i~i~i~[u and Bruce Richard, from MTA, which was not included in::~ii~i~es.'""'¥ ----- --"-'-'"""-' '-"Councilmer~ber Ashiku asked Mr. Richard if he would guarantee that MTA ~i~iii~~a..se the Ukiah Depot Site, and Mr. Richard's response was "no". She felt this-~i~uld"'~ii~.'..e....d in the minutes since it is pertinent to the issues at hand. City Manager Horsley recommended t..b..~!i~iii~i~ii!~..e...ctions'?~ Page 8, third paragraph, last sentenc..:~?~e es..~i~~iiii~ii~{"to;::-'"'"-'--'"'""' '"'"" purchase the western portion of the Ukiah property to be ~'0,000...';::¢? unde.r..?:ii::i~ve Nel~h'', last .~:'~:i'~'nce: ...provides for a surface Page 9, second paragraph, "- :~::':"~::' ,, :4::iiii::i~iii:.i::i~ ...... ..~!::?-i!i".-?:?: .;-::::::.':""~i::?:ii::' Mayor Mast in re co m m er~e d!iii~i~ fo llo~i~i~~i!~::~s· All refer~~iii....t.:.0 "Bru~iiii~~iCs" sho~i~ii~iii~:;nged io "Bruce Richard". Page 8;~i::~~ili~....agra~;~i~i!~igg with'~':i:~"'i~:'~:'[Jce Richard", second sentence should read: "...grade'::~8~ii~?~;i~.t Cl~:~iiiii~i!~ii::i~:... The last sentence should r,,ead: "He discussed widening Pe'~ij~i;i~.et and"~8~i!~!i!i~iii~left turn lane at Leslie Street. Page 8, fifth....p..:~~iiiii~.i.f, th s~~:'"""" "..,; funds t,,o as,,sist in t,h,e study of the site... ,, Page 9, thi~ii~'""~:¢'~::~iiii~!i~i~bage, ~ange railroad to private, and later in the sentence !o rea.~iii?~assist with':(~i~!~ii.~f the Leslie Street property." In the last sentence, change O .... :':::" ' ' ===========================:'"::" ' ' ' " S ut~ern Pacific (SP~;:;~a~:~..~::~n~on Pacific (UP). M. ~SililBaldwin/Ashik~!~ii?to approve the minutes of the Regular Meeting of December 16, i:i:i:!:M:!:!:!:!:!:. .;i:!:i:i:~!:: .t.;~8ii: with note..d:'i~?:i::~i:orrections, carried by the following roll call vote: AYES: i:i:i:i:i:M:i:i:i:i:i:i::.i:!::. . ..::!:i:i:i:iii!:~ 6~i!~..e...m...b...e..r.::¢iiE~iibby, Baldwin, Ashiku, Kelly, Mastin. NOES: None ABSTAIN: None. 5. RIGHT TO APPEAL DECISION Mayor Mastin reviewed the appeal process. 6. CONSENT CALENDAR Councilmember Baldwin referred to item 6c regarding the Community Development January 6, 1999 Page 2 Block Grant (CDBG) and inquired as to who is designated to complete the studies and assessment. He questioned whether the people who are privately raising funds for the facility, are looking at a significant financial commitment from the City once the site has been selected and the needs determined. Community Development Director DeKnoblough advised that the contracts, or proposals, were submitted during the grant application phase. The needs assessment is being completed by the Mendocino County Alcohol and Tobacco Prevention office. The funding plan was completed by Ed Monohan and the implementation will ..b:~:.completed jointly by City staff and members of the CDBG Committee once ..t:he oth..e~iii~iudies have been finalized. He explained that it is premature to de..termine..~:~::?~ity's financial participation will be on the project. ::?:ili!ii!!iiiiiiii~::. -~ili!iiiiiiiiiiiii!i!iiiiiiiiiiiiiiiiiiiiiiiii~ ..... City Manager Horsley advised that there are o..~ fundin..g..'ii!!!~i~'~~!i!i!~::..that ...~ become available since the initial study was condu.:~d and~!~!~:"City c~!~~ii~i!i~'rch for other funding possibilities. Since the study, ~iiiiUki~:"Unified Sch iiiiii i i: t has selected the Wards site and there is a possibilit~iiii~i!ii~:., recreational c~:~:"i:~r can be located at that site. This development has lowered th~ii~~[i:ons of what the cost may be for the project. The project is still developing ~i~' s~!i~iiiii~."'.e.~ the Council informed of its status. She explained that a large part .Qf.::::,i~3e stud~ili~iiii~iii~ssess what funding sources are available. She noted that Mr. Mo.,~iiii~..oke to ~i~~i:'"':Sponsors to gather their interest and to community membe..r..:~ii~iii¥~~i~arene~ii~i~or participation in the Councilrnember Baldwin found it::...c.~i~us tha~!!~'ite sel~i~::andi funding came before the needs were assessed. He que..s.:,..t.i~ sta~!ii~:"they h.a...~' inquired of other cities who have similar cultural or recreationatii!~i~ters Communi~ii.'D...evelopme~i!ii~J~ctor D~~i~!~h explained that the funding was done first, h~~iiii!~:..e.., plan ~i¥i::~'~:i' be completed until the needs assessment is comp'i:~iiiiiiiiii!ii~i!i[epor~'~ili~!i~.'e..:.cities of Healdsburg, Cloverdale, and Rohnert Park were conta~{~ii~:e..rning'::~ii!:.~~ study and the benefit of such a facility on their M/S Ke.!.l.~ibby a~'~!~ii~iiiiii~.ms a-g of the Consent Calendar as follows: a. ,,~?~ii~ejected Clai~i!i~iii~'mages Received From Dan Cedarholm, Jr., and Erwin R. .:~?~iii!~i?' Hoese, and R~fe~;'i~bd to Joint Powers Authority, Redwood Empire Municipal :~ii:::iiiii?~iiiii!i' Insurance Fun~!i:' ~iiii!iiiiii!ii~: Approved A....d...j.'"~tment to Wastewater Treatment Plant Supervisor Salary Range; :::::::::::::::::::::: ::...:.:.:.:..... ~!i~i~iiii~ii~ii~i~dopted..:R....~lution 99-29, Approving Extension of Community Development Block : !!? iliiii iiiiiii iiiii iii( §'G)ro P r nina arid Technica Assist nc for Community R cr at on d. Received Report Regarding the Purchase of Personal Protective Gear from All- Starr Fire Equipment, Inc. for $7,071.85; e. Awarded Contract to Paterson Tractor Co. for Repair of Undercarriage for Caterpillar 955L Track Loader in the Amount of $17,357.88; January 6, 1999 Page 3 g, Approved Budget Amendment and Awarded Acquisition for Purchase and Installation of Tires for the Caterpillar 627F Scraper to Downey Tire Centers in the Amount of $21,294.44; Awarded Bid for 40, 50, and 55 Foot Class 3 Western Cedar Poles to McFarland Cascade in the Amount of $15,482.61. The motion carded by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, Kelly, and Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: None. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEM~ .?:ii~: ....... ~iiiiiiii? .... Robert Wright, Ukiah, advised that the City Council should not b~i!~ii!i;n their salary, noting that they probably do not make $1 per hour. ~iii~form~ii~iii!ii~i~...w. Water D?trict Board member, he knows how much time Councilm .e..~'~'s contr..i~iii~i~..e, lt they ea..~~' .~u,~¥ ,'ru,en. ~0,~ So. Hort~ns~, ~,an~ t,~ City t,e ne,,,, City or U~iar, ~ntr~no~ ,ign on Higr~wa¥ '~"~!ii!iii!~ii~!~. r~port~ t,~t i'~;'"~ign co~t $~ 0.S00 more t,~n ~nticip~te~ ~n~ they ~i, ~ b,~c~.t.~i~ii~~ii!~::..req~est ~itiona~ r~n~s from the City. She has been working with Kathy S~i~nc~!iiiii~i~ii;~:hamber of Commerce President, and noted their interest in beautificat, io~:::.of the d:i'i-"~i~i!iiiii~:.~iiiiiis..~ooking to the City Co~,nci~ for s~,~ort i, ~ettin~ t,e 8a. Introduction of Ordinance,;i~!~lative..::i~::~:"tl~:'~i~ii~iiii~i;:~'Living Increase for City Council Risk Manager/Budget Offi~iiiiiii~;arris,~i!ii~vised .,.t.-~t Ordinance 1010, adopted on September 2, 1998, specified.~iii~:5% increase ba.s~=:'upon the state statute allowance of 5% per yea[. from the las:t~i!~:ai~i!ii~ sala~ii~i!;[...e....s.'.'[~ii;ished (1988). That inc,rease resulted in a mont~!i~ii~lary of...$.:~i?~iiii~taff co~i~ii~'~) calculations for Council s review, both reflectin~i~ili~t:..that":~i'~i~!::i[aises ~!~::'~'not granted in two years during the 11 year time fra~::~ii'i~i~i!'i!i[~:..88. ~i'!~~:..d.... to the calculation of 11 years at 5% per year, nine years at 5% ~i~i~?~e time'~i~ii~.'."e.ase equating to a monthly salary of $435. If, from 1988, 5% ha~.d..~::i~iiii~!ii:ed t0':"~i~::::i~ear' except 1996 and 1997, the years in which no employee~!!f~iii~;~:~=;;:~!~i~; the':~mulative total monthly salary would be $465.39. He advise..d!!iii~at, shoul~?:iiE~ii!i?:!introduce an ordinance at this meeting, it would become effe...c::~.i.~'e 30 days from'illegalitY're of its adoption. ..... .......... .......... ............... ............... ........ ..:.:.:.:.:.:.:.:. J:i~ Prudent, 304.::~:. Hortense, advised that on alternate Wednesdays, the Planning G~ission meets!!!?The Planning Commission has a great deal of responsibility, long ~~i?~::ii~ir. ge.p:...a~!~S, site visits, and they incur costs. She advised that the Planning ~~i~i~i~i~es no money and are not reimbursed for their expenses. She asked the C"i~i!i!~:.. ~i¥::::'~o take a small reduction in their monthly salary and give the Planning Commission some sort of compensation for their time and expenses. She advised that in the past 15 years, she has served on seven committees, and currently is Chairman of the Planning Commission. During this time, she has received two appreciation dinners and one tee-shirt. No meals have been provided to the Planning Commission except during a joint session with the City Council. She discussed expenses incurred by the January 6, 1999 Page 4 Commissioners such as supplies, paper, mileage, phone calls, copying, and expertise of time. It was her opinion that, in order to get quality, volunteer citizens to serve on the Planning Commission, the City Council should consider extending some sort of compensation to the Commission. She noted that she is not voicing the opinion of the entire Planning Commission, as she has not formally discussed the matter with them. Eric Larson, 123 Clara Avenue, explained that it takes many people to run this City; some are paid very well, some are under paid, and some are not paid at all. He felt that the City Council has an obligation to show their appreciation to both paid and unpa~;employees who serve the City. He has spent the past five years working ~.n.. beh..~i~ili~f the Ukiah community and currently sits on the Planning Commission. H~!!!ii~p.e."~d that no City Council member has personally thanked him for his e~..s.. Heiiii~i~..'d...the importance of the City Council voicing its personal appreciation...~i~ili~:~se thai~ii~~ii~:..City. Councilmember Kelly advised that she called J~y Pru~i~::~and efforts in getting the new sign in place and she f~!~i!ii~b..e.~?:~!~:~l personall~'~:'~~d her appreciation to Eric Larson for his time and efforts."~iii~ii~!~:.t, hat legitimate ~'~'i:~bursable expenses of those serving the City in a volunteer ca~~i!ii~ld be reimbursed. Councilmember Ashiku concurred that expen...s....e.~.shoul(:j::~iiii~!~r..sed by the City for City Manager Horsley advised that in ~!ii~:'ianni~!!i~~a~ii~i~dget, there is allowance for expenses for Planning CommiS~¥~ners ..:t~ii~:ati~ilili~iiiiiii~lanners Institute, and all expenses are paid. She will discu-'.s.'~?~vith M~i?~ruder~i!~!~:~xpenses she referenced. Councilmember Baldwin ~iii[~ii~'~Ppo~i~ of a.:?~::~:Uction in the City Council salary schedule and felt the C.o..~n~!ii!i~Should.~i~i~.a..~iiiii~m on a future agenda to consider a minimum ...o."~iii~::....100 per m~iii{~i~the Pla~!i~i!i!~mission. Councii'~~i!i~i~bby"~~{~:.d.. on a newspaper article published after the last City Council me~:~i~ii~er, ning {~ii~~i:.of City Council salaries. She was surprised at the quote that sb.e.'ii~i!~{~ibuted'~:~ii!~::~the impression that it gave. She clarified that the previous..:C~!~i~ii:;i!::i~iiiii~i~!i.~:ecisi~: on this matter, and to bring the matter back to the presen..~ii.¢~uncil ove~:~i::~iii~3, there are more important issues before Council, was the reas..~::'for her object'i~ili~!~i~:~aring the matter. She is supportive of City employees, ho..~,er, if a salary !~r~se is a major concern of some employees, she is willing to fo~o the $30 increa~ as long as the other Councilmembers are in agreement. M~i~iiiBa!dwin/As~!~ku to introduce by title only Ordinance fixing City Councilmembers ~i~i~ii!~ii~i!i~;r month, carried by the following roll call vote: AYES: Councilmembers Ashiku, Kelly, and Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: None. Councilmember Libby requested clarification of the two year evaluation clause in the proposed ordinance. January 6, 1999 Page 5 Councilmember Ashiku noted that, since Council's salary would be evaluated every two years, staff should not be surprised if there is a substantial increase, since it would not occur on an annual basis. Mayor Mastin explained that it is his understanding that a cost of living increase for employees could go into effect each year, however, the proposed ordinance would allow it to go into effect every two years for the City Council. City Attomey Rapport advised that the cost of living increase would be a c.a:..!i~ndar matter ~ O :'-:i;-:-:-:'; for the City Clerk as a reminder to bring it to Council's attention. ~ii~.. st .o..~ili.:.h-~ng increase must be done by ordinance and can be done each yea[.,.. If the ~.'.a..~" is an increase in compensation, however, it cannot take affect until .a...ii~ Co~i~ber is seated. It would then go into affect for all Councilmembers. Consensus of Council directed staff to prepare a st~ of Pl.~:?~g ........... cities with regard to compensation and reimbursem~ii~.f..:::i,e.~nses and pr~{i~"study City Clerk Ulvila read the Ordinance by title only~i!ii? MIS Baldwin/Ashiku to introduce the Ordi:~~i!iii~.r...ried b~::ii~iii~iiii~wing roll call vote: AYES: Councilmembers Libby, Baldwin,::~i~!iiii~ili~iiii~.n...d Ma~Mastin. NOES: None. 9. CITY COUNCIL REPORT...S?:~iiii!i~? ...::~!iiiii? Councilmember Libby repo..~!iii~ii~tten..d...!~ the ~evelopment Agency's Economic Development & Financing Cor~tion rn~ing andii~'ey discussed their Web Site. They would like to.,see more ~.t3~i~es appi~ii~iil]~?~ince there is money available. Counc,'i ::.Sa i i ii!61 iii! oth,ng Councilme~i~iii~hiku r;:~~!ii!i~at he attended his first LAFCO meeting. They questioned j.f:...::~ii~i~ii~i~;ip...:lans'~ii~exations and they also need information regarding Ukiah's ..S..i~::~:~'"":~::i:~iii~i~e, Tl~:~re will be a Northern California Power Association (NCP~iiii~:nnual meei:i~!iiiiii~iiiii~bramento on January 27 and 28 and he encouraged new Cou~i;Imembers to at~ili~'d learn more about the organization. ......... ,.:.:,:.:.:.:.:.- :.:.:.:.:. C~cilmember Ke[!~!?reported attending the Ukiah Valley Cultural Recreation meeting. ~i!~re excited a~b..'~'t the Ukiah Unified School District moving ahead on the Wards site. ~!iiiii~:e.....n..d.o..c..i~!iiiii~'ounty Public Health Department and Nuestra Casa were well r'"~~~ii~i!~;~ meeting. To,m Heise, architect, was also in attendance and he will be w~ii~iii~;~::i'he School District s architect. She also reported attending the swearing in ceremonies for the new Board of Supervisors and other officials of Mendocino County. Mayor Mastin advised that a "Y2K Community Forum" is scheduled for January 12, 1999 at the Ukiah Civic Center. Scheduled speakers include Rick Page, Director of Mendocino Emergency Services, and Dave Edmonds, from Pacific Telephone. January 6, 1999 Page 6 He noted that the 6th Annual Martin Luther King Day events are scheduled for January 17 and 18, 1999. The Citizenship Committee has made their selection and he will make the presentation at the January 17 event. He advised that any Councilmember may request an item be placed on the agenda by contacting the City Manager. He cautioned of time lines for preparation of reports. 10. CITY MANAGER/DIRECTOR REPORTS City Manager Horsley advised that a reception with the Main Street Board.~d City Staff is scheduled for January 13 at 5:30 p.m. at the Conference Ce~.t.er. ~:'"reception is designed for the Board and Staff to become better acquainted si:~i!i..t....b..~?~vill be working closely in the next year. Adjourned: 7:20 p.m. to Closed Session. Reconvened: 9:50 p.m. ab, Discussion and Possible Action Concer~iii~iti.l;s City Council Action on Foreclosure of North Coast Railroad Au~~ii!!~'.:a..n and Effect on Ukiah a, Conference with Legal Coun¢iiiiiii:?Anti¢ii!~~iii~i~!~!~{ii~n Initiation of Litigation Pursua~ii~0 Sub,d~i~ion~'::~i~iS. 1 (1 case) ..i~iil ..i:i:i:i:i:i:~' 11b, G,C,§54956,8 -Confer~Ce with!iii~al Pr.~:~tv Neaotiator Prop......e...dy A. P. No~i:=i~~'32-01 ~ii~~L01-- O i?: ,North C iii i road C PA) Ur~:~iii~i~t.i. ationi'":~i~!i!~:....Terms of Payment There..::~:i:~g no furth~ii!B~i~s'; the meeting was adjourned at 9:50 p.m. :iiii!:.i:.i:.!:.~i!~!!!iiiii!i!i!ii.. - ............... .,::::::::::::~' January 6, 1999 Page 7 ITEM NO. 6a DATE January 20, 1998 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF DECEMBER 1998 Payments made during the month of December 1998, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedules of Bills, representing the four (4) individual payment cycles within the month. Accounts Payable check numbers: 109784-110003, 110138-110245, 110247, 110491 110571 Payroll check numbers: 109618-109783, 110004-110137, 110246, 110390-110490 Direct Deposit numbers: 4087-4454 Void check numbers: 110254-110389, 110572-110573 This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1. RECOMMENDED ACTION: Approve the Report of Disbursements for the month of December 1998. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Gordon Elton, Director of Finance Coordinated with: Kim Sechrest, Accounts Payable Specialist Attachments: Report of Disbursements APPROVED: ~~'~ c~-n-dace' Ho~'sley, ~'it! AGENDA.WPD/krs Manager CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF DECEMBER 1998 Demand Payments approved: Check No. 109784-109887, 109888-110003, 110138-110245, 110247, 110491-110571 (note: FUNDS: check numbers 110248-110253 held for manual check stock) 100 General Fund $1,122,956.12 660 110 Special General Fund 661 141 Museum Grants 665 142 National Science Foundation $300.00 670 143 N.E.H.1. Museum Grant $103.08 675 150 Civic Center Fund 678 204 Federal Asset Seizure Grants $527.64 679 205 Sup Law Enforce. Srv. Fd (SLESF) $4,436.73 695 206 Community Oriented Policing $751.78 696 220 Parking Dist. #10per & Maint $486.29 697 250 Special Revenue Fund $81,504.00 698 301 Gas Tax Fund (2107) 800 303 Gas Tax Fund (2105) $98,726.35 801 310 Special Aviation Fund $22,060.93 805 332 Federal Emerg. Shelter Grant $11,660.07 806 341 S.T.P. $9,666.00 820 410 Conference Center Fund $7,518.74 900 555 Lake Mendocino Bond Reserve 910 575 Garage $1,005.41 920 600 Airport $28,108.73 940 610 Sewer Service Fund 950 611 Sewer Construction Fund 960 612 City/District Sewer $54,330.99 962 615 City/Dist Sewer Replace 965 652 REDIP Sewer Enterprise Fund $21,160.51 966 Sanitary Disposal Site Fund Sanitary Disposal Replace Refuse/Debris Control U.S.W. Billing & Collections Contracted Dispatch Services Public Safety Dispatch MESA (Mendo Emerg Srv Auth) Golf Warehouse/Stores Billing Enterprise Fund Fixed Asset Fund Electric Electric Revenue Fund Street Lighting Fund Public Benefits Charges Water Special Deposit Trust Worker's Comp. Fund Liability Fund Payroll Posting Fund General Service (Accts Recv) Community Redev. Agency Redev. Housing Fund Redevelopment Cap Imprv. Fund Redevelopment Debt Svc. PAYROLL CHECK NUMBERS 109618 - 109783 DIRECT DEPOSIT NUMBERS 4087 - 4248 PAYROLL PERIOD 11/15/1998 - 11/28/1998 PAYROLL CHECK NUMBERS 110004 - 110137 DIRECT DEPOSIT NUMBERS 4249 - 4367 PAYROLL PERIOD 11/29/1998 - 12/12/1998 PAYROLL CHECK NUMBERS 110246, 110390 -110490 DIRECT DEPOSIT NUMBERS 4368 - 4454 PAYROLL PERIOD 12/13/1998 - 12/26/1998 TOTAL DEMAND PAYMENTS TOTAL PAYROLL VENDOR DEDUCTION CHECKS TOTAL PAYROLL CHECKS TOTAL DIRECT DEPOSIT TOTAL PAYMENTS VOID CHECKS NUMBERS 110254-110389, 110572-110573, (printing problems) ($10,912.62) $1,489.48 $131,862.00 $1,964.50 $11,083.12 $3,544.24 $569.07 $15,598.78 $74,448.25 $308,903.23 $9,086.50 $32,273.97 $2,321.94 $1,307.60 $33,352.40 $226,878.78 $1,188.52 $477.15 $93.76 $89,718.40 $2,400,552.44 $76,946.88 $287,685.96 $327,151.14 $3,092,336.42 CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on City Clerk APPROVAL OF CITY MANAGER I have examined this Register and approve same. CERTIFICATION OF DIRECTOR OF FINANCE I have audited this Register and approve for accuracy and available funds. 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HHHHHHHHHHHHHHHHH ~UOUUUUUUUUUUUOUOU ~HHHHHHHHHHHHHHHHH ~00000000000000000 H~4H o O I Ot~ O~ 000 HHH Ir4 H ~ HC~ O i _~o HO U · 0 I 0 I~ I~ bt) kO kD kO kO kO kOkO kD kD 040404 (kl 04 (N1 ~%l (%} O4(kl 04 04 OOO O O O O O OO O O OOO O O O O O OO O O 000 00o Z o o 0 0 r-.I c~ ,~P o 0 oo o 0 0 o oo o 0 o 0 ~0 oo 0 0 oo ~ 0 . ~ 0 o 0 0 n~ 0 ITEM NO. 6b DATE: JANUARY 20, 1999 AGENDA SUMMARY REPORT SUBJECT: DENIAL OF CLAIMS FOR DAMAGES RECEIVED FROM MARGARET M. BENNE'I-I', KVVNE RADIO STATION, AND ERIKA K. YOUNG, AND REFERRAL TO THE JOINT POWERS AUTHORITY, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND The claim from Margaret M. Bennett was received by the City of Ukiah on December 24, 1998 and alleges damages related to a bicycle/vehicle collision on September 15, 1998 at Clara Street and Sidnie Avenue. The claim from KWNE Radio Station was received by the City of Ukiah on December 28, 1998 and alleges damages related to a power surge on November 30, 1998 at 1100 Hastings Road. The claim from Erika K. Young was received by the City of Ukiah on December 30, 1998 and alleges damages related to a trip and fall on December 24, 1998 at the corner of Bush Street and Capps Lane. Pursuant to City policy, it is recommended the City Council deny the claims as stated and refer them to Redwood Empire Municipal Insurance Fund (REMIF). RECOMMENDED ACTION: Deny Claims for Damages received from Margaret M. Bennett, KVVNE Radio Station, and Erika K. Young; and Refer Them to the Joint Powers Authority, REMIF. ALTERNATIVE COUNCIL POLICY OPTIONS: Alternative action not advised by the City's Risk Manager. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Yes Claimants ~ Michael F. Harris, Risk Manager/Budget Officer Candace Horsley, City Manager 1. Claim of Margaret M. Bennett, pages 1-6. 2. Claim of KWNE Radio Station, pages 7-15. 3. Claim of Erika K. Young, pages 16-18. APPROVED:, ~ ~J~t-e~",~~,_ ~an~--~ce Ho~'~le-y, C~y~anager mfh:asrcc99 0120CLAIM '. I NOTICE OF CLAIM AGAINST .... THE CiTY OF UKIAH, CALIFORNJA This c/aim must be p;~sented, ~s-pr~sCribed my Part-s '3 an-d 4 of 'Di-~i~'i%n $o6,~-f Title 1. CLAIMANT'S NAME: Attn: City Clerk 300 Seminary Avenue Ukiah, California 95482 MARGARET M. BENNETT CITY OF UKIAH CITY CLERK'S DEPARTMENT 2. CLAIMANT'S ADDRESS: 1480 Sauterne Number/Street and/or Post Office Box Ukiah, California 95482 City State Zip Code ( 70~. 468-0345 Home Phone Number (. ). Unable to work Work Phone Number ,, PERSON TO WHOM NOTICES REGARDING THIS CLAIM SHOULD BE SENT (if different from above): HUGH L. PRESTON LAW OFFICES Name 207 West Stephenson Street Number/Streetand/orPostOfficeBox Ukiah, California CitY State (707).. 462-8755 Telephone 95482 Zip Code 4. DA TE OF THE A CC/DENT OR OCCURRENCE: 9/15/98 5. PLACE OF ACCIDENT OR OCCURRENCE: Clara Avenue and Sidnie Street o GENERAL DESCRIPTION OF THE ACCIDENT OR OCCURRENCE (Attach additional page(s), if more space is needed): SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN J , NAME(S),ifknown, OFANYPUBLIC EMPLOYEE(S)ALLEGEDLYCAUSING THE ~JURY OR LOSS: Ukiahr. City Engineer~Planning Commission, Manager, Public Works Department and City Buildinq Inspector WITNESS(ES), if known (optional): Name Address a. Known witnesses are listed in the Police report already Telephone b. received by your Insurance Carrier. DOCTOR(S)/HOSPITAL(S), if any, WHERE CLAIMANT WAS TREA TED: Name Address a. Ukiah Valley Medical Center Ukiah b. Sutter Trauma Hospital Santa Rosa Telephone 462-3111 576-4240 c. Tom Kilkenny, M.D. Ukiah 468-0471 d. Doctors at Sutter Hospital Santa Rosa 576-4240 - t- 10. GENERAL DESCRIPTION OF THE INDEBTEDNESS, OBLIGATION, INJURY, DAMAGE OR LOSS so far as it may be known at the time of presentation of the c/aim: SEE EXHIBIT "B" ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN. 11. STATE THE AMOUNT CLAIMED if it totals less than ten thousand dollars ($10,000) as of the date of presentation of the c/aim, including the estimated amount of any prospective injury, damage or loss, insofar as it may be known at the time of the presentation o~ the c/aim, together with the basis of computation of the amount c/aimed (for computation use #12 be/ow). However, if the amount c/aimed exceeds ten thousand do//ars ($10,000), no dollar amount shall be included, but you must indicate whether the jurisdiction over the c/aim would be in Municipal or Superior Court. AmourrtClaimed $ According t6 proofor Applicable Jurfsdic'b'on Superior Court 12. THE BASIS OF COMPUTING THE TOTAL AMOUNT CLAIMED IS AS FOLLOWS: a. Damages incurred to date: Expenses for medical/hospital care: Loss of earnings: Special damages for:. MEDICATIONS BICYCLE REPLACEMENT 40,000.00 $ 10,000.00 300.00 1,280.00 PUNATIVE DAMAGES $ 500~000.00 Genera/damages: $ 500,000.00 b. Estimated prospective damages as far as known: GRAFT ING * Future expenses for medical and hospital care: $ 30,000.00 & Future loss of earnings: $ 15 ~ 000.00 therapy * Other prospective specialdamages: $ 20,000.00 ProspecEve general damages: $ 250,000.00 TOTAL 1,051,580.00 $ 315,000.00 $1,366,580.00 This claim must be signed by the claimant or by some person on his/her behalf. A claim relating to a cause of =acfion for death or for injury to the person or to personal property or growing crops shall be presented not later than six (6) calendar months or 182 days after the accrual of the cause of action, whichever is longer. Claims relating c~al of the cause :to any other causes of action shall be presented not later than one (1 year after ac of action. Dated: 12/24/98 ~~~T'~i; ~~ Received in the Office of the City Clerk this 24thdayof December , 1998 . NOTE: This form of claim is for your convenience only. Any other type of form maybe used if desired, as long as it saHsfies the requirements of the Government Code. The use of this form is not intended in any way to advise you of your legal rights or to interpret any/aw, ff you are in doubt regarding your legal rights or the interpretation of any law, you should seek legal counsel of your choice at your own expense. Rev. 3/18/98 EXHIBIT "A" NOTICE OF CLAIM OF MARGARET M. BENNETT Claimant was seriously injured due to the combined negligence of the City of Ukiah in designing, placing and maintenance of . a large circular brick and cement traffic barrier in the middle of Clara Avenue at the Sidnie Street intersection and the negligence of Scott J. Smith the operator of the car that turned South into Claimant as she was attempting to cross Clara Avenue in front of said cement barrier and proceed northerly into Sidnie Street Claimant is informed and believes that prior to the accident there had been as many as 17 different accidents concerning said traffic barrier and that said traffic barrier was almost impossible to see over because of all the signs placed on said barrier and constituted a dangerous and defective nuisance being maintained by said City without regard to the many earlier traffic accidents, and problems caused by said barrier. EXHIBIT "B" NOTICE OF CLAIM OF MARGARET M. BENNETT CLAIMANT SUFFERED THE FOLLOWING INJURIES IN THE ABOVE ACCIDENT. 1. Her right leg was almost severed at mid thigh. (See photograph). 2. Her left elbow was shattered requiring 2 surgeries. 3. The right knee cap was fractured. 4. She received extensive skin grafting on right leg. 5. Left knee was cut wide open. 6. Two front teeth knocked out. 7. Broken leg. 8. Some loss of her motor skills. 9. Some memory loss after a four day coma. 10. Severe multiple scarring. TAKEN 11/24/98 TAKEN 10/7/98 NOTICE OF CLAIM AGAINST THE CITY OF UKIAH, CALIF This claim taus! be presented, as prescribed by Parts 3 and 4 of Division 3.6, of State of California, by the claiman! or by a person acting on his/her behalf. RETURN COMPLETED FORM TO: 1. CLAIMANT'S NAME: , CITY OF UKIAH Attn: City Clerk 300 Seminary Avenue Ukiah, California 95482 'of the Government C, DEC 2 8 B98 CITY OF UKIAH CITY CLERK'S DEPARTMENT e KWN~ Radio Station CLAIMANT'S ADDRESS: 1100 Hastings Road, Ukiah Number/Street and/or Post Office Box Ukiah, CA 95482 City State . Zip Code (707 )_ 462-4389 Home Phone Number (707) 462 4670 CFAZ) Work Phone Number the PERSON TO WHOM NOTICES REGARDING THIS CLAIM SHOULD BE SENT (if different from above): Guil Dye Name KWNE above ,( ) Number/Street and/or Post Office Box Telephone City State Zip Code 4. DA TE OF THE A CC/DENT OR OCCURRENCE: N o v e m b e r 3 O, 1 9 9 8 5. PLACE OFACCIDENTOR OCCURRENCE: 1100 Hastings Road GENERAL DESCRIPTION OF THE ACCIDENT OR OCCURRENCE (Attach additional page(s), if more space is needed): Dangerous uncontroled power surge entered building o from. (Sity of Ukiah Electric Services 7. NAME(S), if known, OF ANY PUBLIC EMPLOYEE(S) ALLEGEDLY CAUSING THE INJURY OR LOSS: WITNESS(ES), ff known (optional): Name a. Bill Steele KWNE Address Telephone above e b. Josh Murcray. KWNE above DOCTOR(S)/HOSPITAL(S), if any, WHERE CLAIMANT WAS TREATED: Name Address Telephone be GENERAL DESCRIPTION OF THE INDEBTEDNESS, OBLIGATION, INJURY, DAMAGE OR LOSS so far' as it may be known at the time of presentation of the claim: SEE Al IACHED STATE THE AMOUNT CLAilMED if it totals less than ten thousand dollars (510,000) as of the date of pm. sentation of the clai.m., including the estimated amount of any prospective injury, damage or loss, insofar as if may be known at the lime: of the presentation oF fhe claim, together with the basis of computation of the amount claimed (for computbtion use #12 below). However, ff the amount claimed exceeds ten thousand dollars (510, 000), no dollar amount shaft be included, but you must indicate whether the jurisdiction over the claim would be.in Municipal or Superior Court. Amount Claimed $. $ 3,1 0 5.1 4 or Applicable Jurfsdicb'on THE BASIS OF COMPUTING THE TOTAL AMOUNT CLAIMED IS AS FOLLOWS: a. Damages incurred to date: Expenses for medical/hospital care: Loss of eamings: Special damages for;. General damages: b. Estimated prospective damages as far as known: Future expenses for medical and hospital care: Future loss of earnings: Olher prospective special damages: Prospective general damages: $ $ $ $,3,105.14 his claim must be signed by the claimant or by some person on his/her behalf. A claim relating to a cause of el/on for death or for injury to the person or to personal property or growing crops shall be presented not later than rx (6) calendar months or 182 days affer the accrual of the cause of action, whichever is longer. Claims relating ) any other causes of action shall be presented not later than one (l) year~hecause of action. ~ated: December 28, 1 998 _~~~~--L--~_~-~"~, _~ -- - · ~eceived in the Office of the City Clerk this ~OTE: This form of claim is for your convenience only. Any other type of form may be used if desired, as long as it a[isfies ~he requirements of ~he Government Code. The use of this form is not intended in any way to advise you of our legal dghLs or ~o interpret any law. ff you are in doubt regarding your legal rights or the interpretation of any law, ou should seek legal counsel of your choice at your own expense. er. 3/18/98 -6- Before 6 · 30 A M on the morning of November 30, 1998 a very violent uncontrolled surge of electricity entered our building through the City of Ukiah electric power service lines. Numerous items were burned. We were knocked off the air for several hours. Damage and repair costs are listed below. 1. Some of our wall outlets no longer function. (estimate $450 for electrician.) 2. A Best 1,000 watt Uninterruptable Power Supply was destroyed. (under warrantee. shipping was $43) 3. A Scientific Atlanta Satellite receiver attached to it and used for our ABC Network reception had a tuning card burned out. ($665 ..see Susoeff) 4. The above was temporarily repaired (*) 5. Our on air distribution amplifier lost a fuse and a circuit. (*) 6. The main console in our control room had its mother board fried. (*) (*Above three items incurred $752.50 in engineering costs on Mr SusoetTs INVOICE.) 7. Our SAGE Emergency Advisory Service (EAS) Decoder/Receiver was burned with so many elements destroyed that a new mother board was needed. ($765.20 plus $27.45 shippings) 8. The timer clock for our outdoor parking lot lights stopped working. (estimate $350 for electrician) 9. A small portable radio used as tuner for EAS was fried (Long's bill for $51.99) 10. A TripLite Surge Suppressor was blackened and Cue Paging recieving apparatus attached was damaged. (Cue Paging's responsibility). The above items total $3,105.14. Invoice No: 0290 Dale: 12/8/98 Invoice To: KWNE Radio 1100 B Hastings Road Ukiah, CA 95482 From: Gerald Susoeff 1530 C. Street Rio Unda, Ca. 95673 916-991-5103 Description 12/2 2/8 Trip to Ukiah to assess and repair damage caused by high vollage from downed power pole. The surge deslroyed lhe main UPS syslem, burned the on air console main audio board and on-air distribulion amplifier. 5 hours travel @ 17.50 = 87.50 4 hours labor @35.00 = 140.00 Trip to Ukiah to install new main console audio board, repair salellile down-converter module, examine EAS encoder! decoder repair and install dislribulion amplifier. EAS fo be sent to Harris for repair due to proprietary circuitry. 5 hours travel @ 17.50 = 87.50 8 hours labor @35.00 = 280.00 Trip to Ukiah to repair previously hidden damage to satellite reciever: Unable to select other channels. A trace was found burned on the main module plug-in board. The B channel is not funclioning correctly and the board should be sent to Slarguide for repair of proprielary cirouilry. 5 hours travel @ 17.50 = 87.50 2 hours labor @35.00 = 70.00 Total: Due Upon Reciept 752.50 Invoice No: 0694 Dale: 12/15/98 Invoice KWNE Radio/Attn: Gil 1100 B Hastings Road Ukiah, CA 95482 From: Gerald SusoeF, 1530 C. Street Rio Unda, Ca. 95673 916-991-5103 Description Exchange - Transponder Control Card for Scientific Atlanta 7300 Satellite Reciever. $625.00 Shipping and Handling $40.00 Tolal: . Due Upon Reciept $ 665.00 --it - MIT TO: HARRIS CORPORATION Broadcasl Syslems Division P.O. Box 96776 Chicago, IL 60693 :ase reference your Bill to Customer ID on your eck to ensure proper credit to your account. lARGE OF 1V2% PER MONTH OF THE INVOICE TOTAL . BE LEVIED IF NOT PAID WITHIN THE TERMS OF PAY- T INDICATED. ILL TO Invo Invoice No. Invoice Date Page - Sales Order No. Dale Shipped Bill of Lading . ~Othod of Shipmont Freight Torres FEI)EX ECONFJMY 2 DAY PREPAY AND RTl I_ 0~0 Order Date '-~tomer I~;chase O-ra~r- Number 121~019S NONE Payment Terms NET 30 Contract No. NONE SOLD TO :ustomer ID BROADCASTING KWNE-FM P,O. BOX 1056 UKIAH, CA U,S,A. CORP MENDOCINO 95482 KWNE-FM BOX 1056 UKIAH, CA' U.S.A. ,. TAX CODE: '05: Sold to Customer ID 9548~-105& )4513 )roduct Number Producl Description Product Group ~HOP-LABOR RD67 SHOP LABOR REPAIR, TEST~ OK. U34 ~LOW THERE IS A SHORT ON ONE OF WHICH IS NOT REPAIRABLE. EN EXTREMELY HIGH VOLTAGE ENTE THE MOST PROBABLE CAUSE OF Shipment: 81151 SHOP-PARTS SHOP PARTS MOTHERBOARD~ COMPLETE. RD52 Shipment: 81151 SHOP-PARTS SHOP PARTS POWER SUPPLY, RD52 AC ADAPTER. Shipment: 81151 FREIGHT CHARGE Ship-to ID: 05045134 KWNE-FM 1100 HASTINGS ROAD UKIAH, CA U.S,A. 95482 0~04513 Quantity Invoiced UOM Quantity Backordered 1. O0 EA 0.00 APART, 11 THE INTERNAL TIRE MOTHEBO RED THROUC, H ~ THIS CATRSTRC 1.00 EA 0.00 I .00 EA 0.00 1.00 0.00 Unit Price 75.000 CS ARE DEFECT LAYERS OF THE RD REPLACED. MONITOR SOUR PHIC FAILURE. 600.000 2o.ooO 25.250 STATE T~ Net Extension Ship To ID 05045134 VE, '. PCB E, IS 75.00 .. 600.00 05045134 , .. , . , ,. , · - ~O. OO 05045134 , . ., 25.25 ., 76'5'20 ,. , · , · . · . , · . ... '::~hone: 217/222-8200 ?MIT TO: HARRIS CORPORATION Broadcast Systems Division P.O. Box 96776 Chicago, IL 60693 ;ase reference your Bill to Customer ID on your eck to ensure proper credit to your account. lARGE OF 1V=aA~ PER MONTH OF THE INVOICE TOTAL · BE LEVIED IF NOT PAID WITHIN THE TERMS OF PAY- T INDICATED. ILL TO InvoJ~ Sales Team Order Date Customer Purchase Order Number 020 1'2/10/9~ NONE Payment Terms Contract No. . . NET 30 NONE " "' SOLD TO BROADCASTING CORP MENDOCINO KWNE-FM KWNE-FM BOX 1056 P.O. BOX 1056 UKIAH, CA UKIAH~ CA U.S.A. U.S.A. 954~2 . r product Number Product Group Quantity Invoiced UOM Unit Price ,. Net Extension',.-; ;,~,,: :....~ ~';,~. '.', Quantity Backordered ,, Ship 1o ID ' '": .... :" ' ..... '"' Product Description .. PAYMENT SCHEDLLE , j~., , . 2....' '.. ',,~ ,.. '.. · · .. .~ , , .... ,.: .i ~,.. · .. DATE AMOUNT DUE .... '" " · ,. . RICHMOND TECHNICAL SERVICES '" · · · .. , . ,. : · · · , · . · . . · · : · , .. TAX Invoice No. Invoice Date Page Sales Order No. Date Shipped Bill of Lading , ;. Melhod of Shipment Freight Terms FEDEX ECONrJHY 2 DAY PREPAY AND DILL. 3712 National Road West P.O. Box 1487 Richmond, IN 47375 SHIP TO- KWNE-FM 1100 HASTINGS ROAD UKIAH, CA 95482 ATTN : GIL DYE PHONE: CONTACT/PHONE- HARRIS ORDER #' , ~: · · P A C K I N G L I S T * * * i' SHIPMENT #- 81151 ORD DATE- 12/10/9~ REQUIRED DATE: .99/99Z99.,~.~.~,.,~,~,,.,PAGE: 1 SHIp',~' VIA PAY TERMS' NET 30 ~ SALESMAN' RON OLER'., ' ·" FREIGHT TE~S' PREPAY AND BILL ACCT' 05045134 SOLD TO' KWNE-FM BOX 1056 UKIAH, CA 95, :. ACCT' 0504513 6~2075 CUST PO" NONE WHSE/ QTY LOCATION DUE QTY PART NUMBER/ SHIPPED UOM DESCRIPTION S[IOP-REPAIR #18786 SAGE ENDEC S/N D5946 R01 U ROi U ROi U 1.00 1.00 EA SHOP-LABOR SHOP LABOR REPAIR, TEST, OK. U34 BLOWN APART, 11 ICS'' THERE IS A SHORT ON ONE OF THE INTERNAL WHICH IS NOT REPAIRABLE. ENTIRE MOTHEBOARD EXTREMELY HIGH VOLTAGE ENTERED THROUGH A THE MOST PROBABLE CAUSE OF THIS CATRSTROPHI 1.00 1.00 EA SHOP-PARTS SHOP PARTS MOTHERBOARD, COMPLETE. 1.00 1.00 EA SHOP-PARTS SHOP PARTS POWER SUPPLY, AC ADAPTER. PRINT- WATWELL NOTICE OF CLAIM AGAINST THE CITY OF UKIAH, CALIFOR This claim must be presented, as prescrfbed by Parts 3 and 4 of Division 3.6, of Title State of California, by the claimant or by a person acting on his/her behalf. RETURN COMPLETED FORM TO: CITY OF UKIAH Attn: City Clerk 300 Seminary Avenue Ukiah, California 95482 2. CLAIMANT'S ADDRESS: . Number/Street and/or Post Office Box CiTY 0i CITY CLERK'S DEPARTMENT City State Zip Code Home Phone Number Work Phone Number PERSON TO WHOM NOTICES REGARDING_THIS.CLAIM SHOULD BE SENT (if different from above): Name Number/Street and/or Post Office Box · , '.'".~ Stale 4. DA TE OF THE ACCIDENT OR OCCURRENCE: ~,,'.~ 5. PLACE OF ACCIDENT OR OCCURRENCE: Telephone o GENERAL DESCRIPTION OF THE ACCIDENT OR OCCURRENCE (Attach additional page(s), if more space is needed_): . .'71/I[ ..?roc,uq.~p $~,q,w/,,.,e¢ /'q'i' ,c,4c.~ cJ y/~c ccnz*,.,F, /JF '1~/1.9T 7"',/"/¢ '~ ~.~.'¢~/rc WY :,v'~'Jt' ~f~?~Y~,) ~ ~.,'~,,'~ o~= ~;,/9x5¢~: Mt t~/½c£ ~b ,.~,~,,~.~y .~s e:;~;.Z .4_s w; y" ,4,'F/~-~ ,~',~ NAME(S), if known, OF ANY PUBUC EMPLOYEE(S) ALLEGEDLY CAUSING THE INJURY OR LOSS: J WITNESS(ES), ff known (optional,): Name a. o-o,,4 /o ,., (, b. Address Telephone va-/. ~/6 ~ - C3 ~'~/ 1 DOCTOR(S)/HOSPITAL(S), if any, WHERE CLAIMANT WAS TREATED: Name ' Address b. Telephone :;~,~_ ,,,'~.~,'. ~ 10. GENERAL DESCRIPTION OF THE INDEBTEDNESS, OBLIGATiON, INJURY, DAMAGE OR 'LOSS so far as it may be known at the time of presentation of the claim: ~'-~[/¢~7' ~X~">~,~7' A,~ '~- ~ 11. 12. STATE THE AMOUNT CLAIMED if it totals less than ten thousand dollars ($10,000) as of the date of presentation of the claim, including the est/mated amount of any prospective injury, damage or loss, insofar as it may be '.-nown at the time of the presentation of the claim, together with the basis of computation of the amount claimed (for computation use #12 below). However, if the amount claimed exceeds ten thousand dollars ($10,000), no dollar amount shall be included, but you must indicate whether the jurisdiction over the claim would be in Municipal or Superfor Court. Amount Claimed $. -~;~~ or Applicable Jurisdiction THE BASIS OF COMPUTING THE TOTAL AMOUNT CLAIMED IS AS FOLLOWS: a. Damages incurred to date: Expenses for medical/hospital care: Loss of earnings: S~Tecial damages for:. General damages: b. Estimated prospective damages as far as known: Future expenses for medical and hospital care: Future loss of earnings: Other prospective special damages: Prospec~iv-e ~unerai damages: This claim must be signed by the claimant or by some person on his/her behalf. A claim relating to a cause of action for death or for injury to the person or to personal property or growing crops shall be presented not later than six (6) calendar months or 182 days after the accrual of the cause of action, whichever is longer. Claims relating to any other causes of action shall be presented not later than one (1) year after accrual of the cause of action. Dated: SIGNATURE 0 LA Received in the Office of the City Clerk this NOTE: This form of claim is for your convenience only. Any other type of form may be used ff desired, as long as it satisfies the requirements of the Government Code. The use of this form is not intended in any way to advise you of your legal 6ghts or to interpret any law. ff you are in doubt regarding your legal rights or the interpretation of any law, you should seek legal counsel of your choice at your own expense. Rev. 3/18/98 Laurie E. M. Spence, M. O. 1165 S. Dora St. Suite C-2 Ukiah, CA 95482 Office Phone (707) 462-8855 Erika K Young 610 Donner Lane Ukiah, CA 95482 Account Number: YOUER000 Page: 1 Charges or Payments 12-28-98 Will Appear On Next Statement After Amount Enclosed Date Description Document Charges Credits 12-28-98 Offlce consultation moderate 981228 A 13.8.00 Current I 30 Days I 60 Days I 90 Days I Total Detail + t + + Past Due 138.ool o.ool 0.001 o.ool Total Balance + 138.00 I Balance Due 0.00 I 138.00I 138.001 4..- ITEM NO. 6c DATE: JANUARY 20, 1999 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF ORDINANCE AMENDING DIVISION 1, CHAPTER 2, ARTICLE 2, SECTION 62 OF THE UKIAH CITY CODE REGARDING COUNCILMEMBERS SALARIES At the January 6, 1999 City Council meeting the ordinance amending the Municipal Code setting Councilmembers "salaries" at $435 was introduced by a unanimous vote. Adoption of the ordinance is now appropriate. Staff recommends that the City Council adopt the ordinance. RECOMMENDED ACTION: Adopt Ordinance Amending Division 1, Chapter 2, Article 2, Section 62 of the Ukiah City Code Setting Councilmembers Salaries at $435 per month. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine the salaries are not to be reduced 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 Candace Horsley, City Manager 1. Ordinance for adoption, page 1. Cand--ace Ho~l~' C,t~lanager mfh:asrcc99 0120CCSA ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING UKIAH CITY CODE SECTION 62 ESTABLISHING THE SALARIES FOR COUNCILMEMBERS The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE - FINDINGS AND DECLARATION The City Council of the City of Ukiah finds and declares that this ordinance is enacted pursuant to Government Code Section 36516 for the purpose of fixing the salary of the Mayor and Councilmembers of the City of Ukiah. This ordinance supercedes Ordiance 1010, adopted September 2, 1998, and the approved salary is applicable to the current Mayor and Councilmembers as the salary authorized in Ordinance 1010 is hereby reduced. SECTION TWO - AMENDMENTS Section 62 of Article 2, Chapter 2, Division 1 of the Ukiah City Code is hereby amended to read as follows: §62: SALARIES: Mayor and Councilmembers: The Mayor and Councilmembers shall be paid four hundred thirty-five dollars and no cents ($435.00) per month. Any amounts authorized and paid on behalf of such officers for retirement, health and welfare, and Federal social security benefits shall not be included for purposes of determining salary under this Section. SECTION THREE - EFFECTIVE DATE This Ordinance shall be published as required by law and shall become effective thirty (30) days after it is adopted. Introduced by title only on January 6, 1999, by the following roll call vote: AYES: NOES: ABSENT: Councilmembers Libby, Baldwin, Ashiku, Kelly, and Mayor Mastin None None Adopted on January 20, 1999, by the following roll call vote: AYES' NOES: ABSENT: ATTEST: Jim Mastin, Mayor Marie Ulvila, City Clerk mfh:resord CCSAL Ordinance No. Page I of 1 ITEM NO. 6d DATE: January 20, 1999 AGENDA SUMMARY REPORT SUBJECT: NOTIFICATION TO COUNCIL OF REQUIRED MAINTENANCE PERFORMED BY ALTEC INDUSTRIES TO LIFT ON LINE TRUCK IN THE AMOUNT OF $6,305.68. Included in the 1998/99 Budget, Account No. 800.3765.303.000 is $31,600 for vehicle repair and maintenance. A five year inspection and maintenance on the Electric Department's double bucket lift truck was required per manufacturer and OSHA requirements. A purchase order was issued to Altec, the manufacturer, who quoted a price of $6,305.68 to perform the work. RECOMMENDED ACTION: Receive and file report regarding the award of bid to ALTEC INDUSTRIES for the sum of $6,305.68. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Stan Bartolomei, Electric Supervisor Prepared by: Judy Jenney, Purchasing & Warehouse Assistant Coordinated with: Candace Horsley, City Manager APPROVED: Can~ce ~o'~sl~, /City Manager ITEM NO. 6e DATE: January 20, 1999 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION APPROVING CITY OF UKIAH QUALIFIED CONTRACTORS LIST FOR 1999 As required by the Informal Bidding Procedure of the City of Ukiah, Ukiah City Code §1541-1542, the City Clerk prepared and mailed a written notice to 21 construction trade organizations in California on November 18, 1998, inviting all licensed contractors to submit the name of their firm to the City for inclusion on the City's list of qualified bidders for the following calendar year. A contractor may be included throughout the year, as well, by either submitting a written notice to the City Clerk or by bidding on a City project. All contractors who submitted their company name, address, and construction classification designation by the deadline of December 31, 1998, together with those who bid on projects in 1998, have been included on the current updated list, attached to the Resolution as "Exhibit A". RECOMMENDED ACTION: Adopt Resolution Approving Qualified Contractors List for 1999 Calendar Year. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Marie Ulvila, City Clerk~~~__~ ~ Candace Horsley, City Manager 1. Resolution Approving Qualified Contractors List for 1999 Calendar Year, with Exhibit A 2. Notice and list of construction trade organizations to whom Notice was sent. APPROVED:,~ ~Z~-, ~~-~,.. Candace Horsley,~C/ty Manager 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 99- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING QUALIFIED CONTRACTORS LIST FOR 1999 CALENDAR YEAR WHEREAS, under Ukiah City Code (UCC) sections 1541-1542, the City Clerk must request licensed contractors who are qualified to perform public work under contract with the City of Ukiah to submit their names, addresses, phone numbers, type of work in which they are interested, class of contractor's license and contractor's license number; and WHEREAS, the City Council is required to adopt a list of qualified contractors, identified according to categories of work; and WHEREAS, the City Clerk has published the notice as required in UCC Section 1541 and compiled a list of qualified contractors based on information submitted in response to said notice and including all contractors who have submitted valid bids to the City during the preceding calendar year; and WHEREAS, the City Council finds and determines that the list as complied complies with the requirements of the City Code and Public Contracts Code Section 22032(b) and shall constitute the City of Ukiah's Contractors List for use in providing notice under the informal bidding procedure authorized in UCC Section 1543. NOW, THEREFORE, BE IT RESOLVED, that the list attached to this resolution as Exhibit "A" and incorporated herein by reference is adopted as the Contractors List for the City of Ukiah for the calendar year 1999. PASSED AND ADOPTED this 20th day of January, 1999, by the following roll call vote: AYES: NOES: ABSTAIN' ABSENT: Jim Mastin, Mayor Resolution No. Page 1 of 2 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 ATTEST: Marie Ulvila, City Clerk Resolution No. Page 2 of 2 1999 Qualified Contractors List READS ~ ~-~ ~ ~-~ EXHIBIT A GENERAL ENGINEERING CONTRACTORS LIST CLASS A ABC Service 204 - 23rd Street Sacramento, CA 95816 Ashlin Pacific Construction, Inc. 1390 N. McDowell Blvd. Ste. G-117 Petaluma, CA 94954 Baldwin Contracting P. O. Box 311 Marysville, CA 95901-0311 Bohrer Excavation & Grading P. O. Box 650 Miranda, CA 95553 Mike Brown Electric Co. 561-A Mercantile Drive Cotati, CA 94931-3040 Busch Construction & Electric 2020 Industry Road Ukiah, CA 95482-5400 California Pavement Maint. 9390 Elder Creek Road Sacramento, CA 95829 Carlile-Macy 175 Park Street Lakeport, CA 95453 Dodge Plan Room Daily Pacific Builder 1625 Van Ness Ave., 3rd Floor San Francisco, CA 94109-3608 Eureka Paving & Construction P. O. Box 119 Samoa, CA 95564 Donald Ferranti P.O. Box 259 Redwood Valley, CA 95470 HazMat Solutions, Inc. 1113 First Street Novato, CA 94945 Johnston Electric Signs 3627 Mt. Vernon Road Sebastopol, CA 95472 KBR Construction 2806 Tarmac Road Redding, CA 96003 Parnum Paving P.O. Box 970 Ukiah, CA 95482-5400 Paulson Excavating, Inc. P. O. Box 339 Albion, CA 95410 Rege Construction 27270 Asti Road Cloverdale, CA 95425 Shasta Builders' Exchange 2990 Innsbruck Drive Redding, CA 96003 Sonomarin, Inc. P.O. Box 17 Fulton, CA 95439 Valley Paving P.O. Box 559 Redwood Valley, CA 95470 Valley Slurry Seal P.O. Box 1620 W. Sacramento, CA 95691 Wipf Construction P.O. Box 234 Ukiah, CA 95482-5400 ASBESTOS QUALIFIED BIDDERS LIST (ASB) Dodge Plan Room Daily Pacific Builder 1625 Van Ness Ave., 3rd Floor San Francisco, CA 94109-3608 HazMat Solutions, Inc. 1113 First Street Novato, CA 94945 GENERAL BUILDING CONTRACTORS QUALIFIED BIDDERS LIST CLASS B Busch Construction Inc. 2020 Industry Road Ukiah, CA 95482-5400 HazMat Solutions, Inc. 1113 First Street Novato, CA 94945 Dodge Plan Room Daily Pacific Builder 1625 Van Ness Ave., 3rd Floor San Francisco, CA 94109-3608 Paulson Excavating, Inc. P. O. Box 339 Albion, CA 95410 Donald Ferranti P.O. Box 259 Redwood Valley, CA 95470 Sonomarin, Inc. P.O. Box 17 Fulton, CA 95439 Valley Slurry Seal P.O. Box 1620 W. Sacramento, CA 95691 Wipf Construction P. O. Box 234 Ukiah, CA 95482-5400 INSULATION AND ACOUSTICAL QUALIFIED BIDDERS LIST CLASS C2 Dodge Plan Room Daily Pacific Builder 1625 Van Ness Ave., 3rd Floor San Francisco, CA 94109-3608 Dodge Plan Room Daily Pacific Builder 1625 Van Ness Ave., 3rd Floor San Francisco, CA 94109-3608 Dodge Plan Room Daily Pacific Builder 1625 Van Ness Ave., 3rd Floor San Francisco, CA 94109-3608 Paulson Excavating, Inc. P. O. Box 339 Albion, CA 95410 HazMat Solutions, Inc. 1113 First Street Novato, CA 94945 Sonomarin, Inc. P.O. Box 17 Fulton, CA 95439 LOW VOLTAGE SYSTEMS CONTRACTOR QUALIFIED BIDDERS LIST CLASS C 7 CONCRETE CONTRACTORS QUALIFIED BIDDERS LIST CLASS C8 BOILER, HOT WATER HEATING AND STEAM FITTING QUALIFIED BIDDERS LIST CLASS C4 CABINET & MILLWORK CONTRACTORS QUALIFIED BIDDERS LIST CLASS C 6 CCS 4910 Hidden Meadows Lane Eureka, CA 95503 Baldwin Contracting P. O. Box 311 Marysville, CA 95901-0311 Dodge Plan Room Daily Pacific Builder 1625 Van Ness Ave., 3rd Floor San Francisco, CA 94109-3608 Parnum Paving P. O. Box 970 Ukiah, CA 95482-5400 Donald Ferranti P.O. Box 259 Redwood Valley CA 95470 Valley Paving P.O. Box 559 Redwood Valley, CA 95470 Graham Contractors, Inc. P. O. Box 26770 San Jose, CA 95159-6770 Wipf Construction P. O. Box 234 Ukiah, CA 95482-5400 Ziepfel Concrete P. O. Box 403 Anderson, CA 96007 DRYWALL CONTRACTOR QUALIFIED BIDDERS LIST CLASS C9 Dodge Plan Room Daily Pacific Builder 1625 Van Ness Ave., 3rd Floor San Francisco, CA 94109-3608 ELECTRICAL CONTRACTORS QUALIFIED BIDDERS LIST CLASS C 10 Mike Brown Electric Co. 561-A Mercantile Drive Cotati, CA 94931-3040 Busch Construction & Electric 2020 Industry Road Ukiah, CA 95482-5400 Dodge Plan Room Daily Pacific Builder 1625 Van Ness Ave., 3rd Floor San Francisco, CA 94109-3608 Sonomarin, Inc. P.O. Box 966 Santa Rosa Ca 95402-0966 EXCAVATING, GRADING, TRENCHING AND PAVING CONTRACTORS QUALIFIED BIDDERS LIST CLASS C12 Johnston Electric Signs 3627 Mt. Vernon Road Sebastopol, CA 95472 ELEVATOR INSTALLATION CONTRACTORS QUALIFIED BIDDERS LIST CLASS C 11 Ashlin Pacific Construction, Inc. 1390 N. McDowell Blvd.,Ste. G- 117 Petaluma, CA 94954 Paulson Excavating, Inc. P. O. Box 339 Albion, CA 95410 Access Development 323 Sutton Place Santa Rosa, CA 95407 Baldwin Contracting P. O. Box 311 Marysville, CA 95901-0311 Bohrer Excavation & Grading P. O. Box 650 Miranda, CA 95553 California Pavement Maint. 9390 Elder Creek Rd. Sacramento, CA 95829 Caflile-Macy 175 Park Street Lakeport, CA 95453 Dodge Plan Room Daily Pacific Builder 1625 Van Ness Ave., 3rd Floor San Francisco, CA 94109-3608 Parnum Paving P. O. Box 970 Ukiah, CA 95482-5400 Zipfel Concrete P. O. Box 403 Anderson, CA 96007 SHEET METAL ROOFING CONTRACTOR QUALIFIED BIDDERS LIST CLASS C 14 Dodge Plan Room Daily Pacific Builder 1625 Van Ness Ave., 3rd Floor San Francisco, CA 94109-3608 Graham Contractors, Inc. P.O. Box 26770 San Jose, CA 95159 Paulson Excavating, Inc. P. O. Box 339 Albion, CA 95410 FENCING CONTRACTORS QUALIFIED BIDDERS LIST CLASS C 13 Dodge Plan Room Daily Pacific Builder 1625 Van Ness Ave., 3rd Floor San Francisco, CA 94109-3608 FIRE PROTECTION ENGINEERING QUALIFIED BIDDERS LIST CLASS C 16 Lee Howard Construction 3900 Parducci Road Ukiah, CA 95482-5400 Wipf Construction P. O. Box 234 Ukiah, CA 95482-5400 Dodge Plan Room Daily Pacific Builder 1625 Van Ness Ave., 3rd Floor San Francisco, CA 94109-3608 FLOORING AND FLOOR COVERING QUALIFIED BIDDERS LIST CLASS C 15 Dodge Plan Room Daily Pacific Builder 1625 Van Ness Ave., 3rd Floor San Francisco, CA 94109-3608 WARM-AIR, VENTILATING, AND AIR CONDITIONING QUALIFIED BIDDERS LIST CLASS C 20 Sonomarin, Inc. P.O. Box 966 Santa Rosa, CA 95402-0966 Paulson Excavating, Inc. P. O. Box 339 Albion, CA 95410 LANDSCAPING CONTRACTORS QUALIFIED BIDDERS LIST CLASS C 27 ABC Service 204-23rd Street Sacramento, CA 95816 BUILDING MOVING AND DEMOLITION QUALIFIED BIDDERS LIST CLASS C 21 ORNAMENTAL METAL CONTRACTORS QUALIFIED BIDDERS LIST CLASS C 23 Ashlin Pacific Construction, Inc. 1390 N. McDowell Blvd. Ste. G- 117 Petaluma, CA 94954 Dodge Plan Room Daily Pacific Builder 1625 Van Ness Ave., 3rd Floor San Francisco, CA 94109-3608 Dodge Plan Room Daily Pacific Builder 1625 Van Ness Ave., 3rd Floor San Francisco, CA 94109-3608 Dodge Plan Room Daily Pacific Builder 1625 Van Ness Ave., 3rd Floor San Francisco, CA 94109-3608 Cagwin & Dorward P. O. Box 1600 Novato, CA 94948-1600 Carefree Greens, Inc. P. O. Box 1008 Newcastle, CA 95658-1008 Johnson's Quality Tree Care 2700 Boonville Road Ukiah, CA 95482-5400 Davey Tree Surgery Co. P.O.Box 351 Livermore, CA 94550 Matt's Custom Tree Care 1575 Elm Street Ukiah, CA 95482-5400 Dodge Plan Room Daily Pacific Builder 1625 Van Ness Ave., 3rd Floor San Francisco, CA 94109-3608 Metamorphosis 994-B Kaiser Road Napa, CA 94558 ProSeed Landscape Contractors 967 Highway 128 Philo, CA 95455-9455 Timbeflake Tree Service P.O. Box 964 Ukiah CA 95482 Timberline Tree Service 10220 Old River Road Forestville, CA 95436 MASONRY CONTRACTOR QUALIFIED BIDDERS LIST CLASS C 29 Dodge Plan Room Daily Pacific Builder 1625 Van Ness Ave., 3rd Floor San Francisco, CA 94109-3608 American Asphalt Company 1771 E Bayshore Road Redwood City, CA 94064 Dodge Plan Room Daily Pacific Builder 1625 Van Ness Ave., 3rd Floor San Francisco, CA 94109-3608 Paulson Excavating, Inc. P. O. Box 339 Albion, CA 95410 Apply-A-Line 106 Frontage Road No. Pacific, WA 98047 POLE MAINTENANCE AND TREATMENT, POLE SETTING, POLE LINES QUALIFIED BIDDERS LIST CLASS C 31 PARKING AND HIGHWAY IMPROVEMENT QUALIFIED BIDDERS LIST CLASS C 32 Apply-A-Line 5625 Eastside Road Redding, CA 96001-4531 Baldwin Contracting P. O. Box 311 Marysville, CA 95901-0311 Cagwin & Dorward P. O. Box 1600 Novato, CA 94948-1600 Carefree Greens, Inc. P. O. Box 1008 Newcastle, CA 95658-1008 Carlile-Macy 175 Park Street Lakeport, CA 95453 Eureka Paving & Construction P. O. Box 119 Samoa, CA 95564 Central Striping Service 3489 Luyung Drive Rancho Cordova, CA 95742 Graham Contractors, Inc. P. O. Box 26770 San Jose, CA 95159-6770 Dodge Plan Room Daily Pacific Builder 1625 Van Ness Ave., 3rd Floor San Francisco, CA 94109-3608 Metamorphosis 994-B Kaiser Road Napa, CA 94558 Paradise Striping & Signs P. O. Box 1114 Lower Lake, CA 95457-1114 Parnum Paving P. O. Box 970 Ukiah, CA 95482-5400 Price Striping Service 1680 Elk Valley Road Crescent City, CA 95531 ProSeed Landscape Contractors 967 Highway 128 Philo, CA 95466-9455 Valley Slurry Seal P. O. Box 1620 West Sacramento, CA 95691-6620 Zipfel Concrete P. O. Box 403 Anderson, CA 96007 PAINTING AND DECORATING CONTRACTORS QUALIFIED BIDDERS LIST CLASS C 33 ABC Service 204-23 rd Street Sacramento, CA 95816 Dodge Plan Room Daily Pacific Builder 1625 Van Ness Ave., 3rd Floor San Francisco, CA 94109-3608 Ashlin Pacific Construction, Inc. 1390 N. McDowell Blvd. Ste. G- 117 Petaluma, CA 94954 PIPELINE CONTRACTORS QUALIFIED BIDDERS LIST CLASS C 34 Bohrer Excavation & Grading P. O. Box 650 Miranda, CA 95553 Dodge Plan Room Daily Pacific Builder 1625 Van Ness Ave., 3rd Floor San Francisco, CA 94109-3608 Lee Sonomarin, Inc. P.O. Box 17 Fulton, CA 95439 PLUMBING CONTRACTORS QUALIFIED BIDDERS LIST CLASS 36 Lee Howard Construction 3900 Parducci Road Ukiah, CA 95482-5400 PLASTERING CONTRACTORS QUALIFIED BIDDERS LIST CLASS C 35 ABC Service 204-23rd Street Sacramento, CA 95816 Paulson Excavating, Inc. P. O. Box 339 Albion, CA 95410 Mendo Lake Plastering P.O.Box 791 Ukiah, CA 95482-5400 Ace Plumbing P. O. Box 5 Ukiah, CA 95482-5400 Dodge Plan Room Daily Pacific Builder 1625 Van Ness Ave., 3rd Floor San Francisco, CA 94109-3608 Dodge Plan Room Daily Pacific Builder 1625 Van Ness Ave., 3rd Floor San Francisco, CA 94109-3608 SANITATION SYSTEM CONTRACTORS QUALIFIED BIDDERS LIST CLASS C 42 Sonomarin, Inc. P.O.Box 966 Santa Rosa, CA 95402-0966 ROOFING CONTRACTORS QUALIFIED BIDDERS LIST CLASS C39 ABC Service 204-23rd Street Sacramento, CA 95816 Bohrer Excavation & Grading P. O. Box 650 Miranda, CA 95553 Paulson Excavating, Inc. P. O. Box 339 Albion, CA 95410 Dodge Plan Room Daily Pacific Builder 1625 Van Ness Ave., 3rd Floor San Francisco, CA 94109-3608 Wipf Construction P. O. Box 234 Ukiah, CA 95482-5400 Dodge Plan Room Daily Pacific Builder 1625 Van Ness Ave., 3rd Floor San Francisco, CA 94109-3608 Dodge Plan Room Daily Pacific Builder 1625 Van Ness Ave., 3rd Floor San Francisco, CA 94109-3608 Johnston Electric Signs 3627 Mt. Vernon Road Sebastopol, CA 95472 Sonomarin, Inc. P.O.Box 966 Santa Rosa, Ca 95402-0966 ELECTRICAL SIGN CONTRACTOR QUALIFIED BIDDERS LIST CLASS C 45 Paulson Excavating, Inc. P. O. Box 339 Albion, CA 95410 Dodge Plan Room Daily Pacific Builder 1625 Van Ness Ave., 3rd Floor San Francisco, CA 94109-3608 Lee Howard Construction Co. 3900 Parducci Road Ukiah, CA 95482-5400 WELL-DRHJLING (WATER) CONTRACTORS QUALIFIED BIDDERS LIST CLASS C 57 WELDING CONTRACTORS QUALIFIED BIDDERS LIST CLASS C 60 QUALIFIED BIDDERS LIST CLASS C 38 Dodge Plan Room Daily Pacific Builder 1625 Van Ness Ave., 3rd Floor San Francisco, CA 94109-3608 Ashlin Pacific Construction, Inc. 1390 N. McDowell Blvd.,Ste. G-117 Petaluma, CA 94954 Lee Howard Construction 3900 Parducci Road Ukiah, CA 95482-5400 SHEET METAL CONTRACTORS QUALIFIED BIDDERS LIST CLASS C 43 SOLAR CONTRACTORS QUALIFIED BIDDERS LIST CLASS C 44 Dodge Plan Room Daily Pacific Builder 1625 Van Ness Ave., 3rd Floor San Francisco, CA 94109-3608 TILE (CERAMIC & MOSAIC) CONTRACTORS QUALIFIED BIDDERS LIST CLASS C 54 Dodge Plan Room Daily Pacific Builder 1625 Van Ness Ave., 3rd Floor San Francisco, CA 94109-3608 Dodge Plan Room Daily Pacific Builder 1625 Van Ness Ave., 3rd Floor San Francisco, CA 94109-3608 GOLD LEAF GILDING QUALIFIED BIDDERS LIST CLASS C 61 Dodge Plan Room Daily Pacific Builder 1625 Van Ness Ave., 3rd Floor San Francisco, CA 94109-3608 METAL PRODUCTS AND SERVICES, METAL CABINET METAL PARTITIONS QUALIFIED BIDDERS LIST CLASS D 24 PREFABRICATED EQUIPMENT, LABORATORY EQUIPMENT, ETC. QUALIFIED BIDDERS LIST CLASS D 34 Dodge Plan Room Daily Pacific Builder 1625 Van Ness Ave., 3rd Floor San Francisco, CA 94109-3608 Dodge Plan Room Daily Pacific Builder 1625 Van Ness Ave., 3rd Floor San Francisco, CA 94109-3608 Lee Howard Construction Co. 3900 Parducci Road Ukiah, CA 95482-5400 Dodge Plan Room Daily Pacific Builder 1625 Van Ness Ave., 3rd Floor San Francisco, CA 94109-3608 FIBERGLASS, PLASTIC AND SYNTHETIC PRODUCTS QUALIFIED BIDDERS LIST CLASS D 12 Dodge Plan Room Daily Pacific Builder 1625 Van Ness Ave., 3rd Floor San Francisco, CA 94109-3608 Dodge Plan Room Daily Pacific Builder 1625 Van Ness Ave., 3rd Floor San Francisco, CA 94109-3608 Shasta Builders' Exchange 2990 Innsbruck Drive Redding, CA 96003 Eureka Paving & Construction P. O. Box 119 Samoa, CA 95564 Paulson Excavating, Inc. P. O. Box 339 Albion, CA 95410 DOORS AND DOOR SERVICE, SHOWER AND TUB ENCLOSURES ACCORDION DOORS QUALIFIED BIDDERS LIST CLASS D 08 Dodge Plan Room Daily Pacific Builder 1625 Van Ness Ave., 3rd Floor San Francisco, CA 94109-3608 Johnston Electric Signs 3627 Mt. Vernon Road Sebastopol, CA 95472 CONSTRUCTION CLEAN-UP CONTRACTOR QUALIFIED BIDDERS LIST CLASS D 63 HAZARDOUS SUBSTANCES REMOVAL QUALIFIED BIDDERS LIST CLASS HAZ HazMat Solutions, Inc. 1113 First Street Novato, CA 94945 MISC. CONTRACTORS A & A Technology, Inc. 45277 Fremont Blvd., Ste. 11 Fremont, CA 94538 Advanced Computer Connections 7451 Warner Avenue Unit D Huntington Beach, CA 92647 Advanced PC Products 2738 Satsuma Drive Dallas, TX 75229 Advanced Xerographics 307 South Main Street Ukiah, CA 95482-5400-5400 All Pure chemical Company 2185 N. California Blvd., Ste 500 Walnut Creek, CA 94956 American Draf~ Source 625 Du Boise Street San Rafael, CA 94901 Edward R. Bacon Co., Inc. 1977 Marina Blvd. San Leandro, CA 94577 J. H. Baxter Co. P. O. Box 5902 San Mateo, CA 94402 Bay Area Process 430 Scenic Avenue San Anselmo, CA 94960 Bayside Equipment 3562 Haven Avenue Redwood City, CA 94063 Bell Lumber & Pole Co. P. O. Box 748 Conway, WA 98238 Biddulph Chevrolet Isuzu 2770 Corby Avenue Santa Rosa, CA 95407 Big 4 Rents-Corporate Office hertz Sale Office P. O. Box 2939 Rohnert Park, CA 94927-2939 California Surveying & Drafting 4733 Auburn Blvd. Sacramento, CA 95841 Centefline Supply Inc. 530 Jesse Street Grand Prairie, TX 75051-1141 Computers America, Inc. P. O. Box 9127 San Rafael, CA 94912-9127 Henry Curtis 1120 Auto Center Drive Petaluma, CA 94952 L. N. Curtis & Sons 1800 Peralta Street Oakland, CA 94607 Daily Body Company 440 High Street Oakland, CA 94601 DataFlow 435 E Street at 7th Santa Rosa, CA 95404 Discovery Office Systems 280 East Smith Street Ukiah, CA 95482-5400-5400 Dispatch Automation, Inc. 5050 Grazing Hill Road Latrobe, CA 95682 Double 'D' Truck Center 700 South G Street Arcata, CA 95521 Downey Tire Centers 2651 North State Street Ukiah, CA 95482-5400 Downtown Ford Sales 525 N. 16th Street Sacramento, CA 95814 ECOCHEM 2471 Solano Avenue, Ste. 239 Napa, CA 94558 Ellis Art & Engineering Supplies 122 Broadway Chico, CA 95929 Empire Tractor & Equipment Co. 5380 Commerce Blvd. Rohnert Park, CA 94928 Esposti Ford P. O. Box 710 Geyserville, CA 95441 Family Tree Service P. O. Box 1325 Laytonville, CA 95454 First Computer 467 Pine Street San Francisco, CA 94104 Ken Fowler Motors 2150 North State Street Ukiah, CA 95482-5400 Global Computer Supplies 921 West Artesia Blvd. Compton, CA 90220 Golden Gate Petroleum 1001 Galaxy Way, Ste 308 Concord, CA 94520 Great West Equipment 354 Umbarger Road San Jose, CA 95111 Great Western Chemical Company 860 Wharf Street Richmond, CA 94804 GTE 2801 Townsgate Road, Ste 202 Thousand Oaks, CA 91361 Hansel Ford 3075 Corby Avenue Santa Rosa, CA 95407 Harper Ford Country 4800 Hwy 101, North Eureka, CA 95501 Ikon Office Solutions 5550 Skylane Blvd., Ste J Santa Rosa, CA 95403 Integrated Education Systems, Inc. 4275-29 Rosewood Drive Pleasanton, CA 94588 Impres Technology/MicroAge of Commerce 16 Technology #205 Irvine, CA 92618 Interstate Sales 12305 Locksley Lane Auburn, CA 95603 INACOMP Computer Centers 3210 Beacon Blvd. West Sacramento, CA 95691 Intraline Inc. 379 Beach Road Burlingame, CA 94010 JENCHEM P. O. Box 85848 Tucson, AZ 85754-5848 Jones Chemicals, Inc. 985 Montague Expressway Milpitas, CA 95035-6818 Kenwater P. O. Box 606 Antioch, CA 94509 LACCO 4545 Ardine South Gate, CA 90280 Lampson Tractor & Equipment 285 Talmage Road Ukiah, CA 95482-5400-5400 Lasher Auto Center 1680 East Main Street Woodland, CA 95776 Linear Dynamics Inc. 400 Lanidex Plaza Parsippany, NJ 07054 Line Master Engineering, Inc. P. O. Box 91568 Long Beach, CA 90809 Logic Computer Products 28720 Canwood St., Ste 205 Agoura Hills, CA 91301 Lucasfilm Ltd. C/O: Leete Electric Co. 930 Petaluma Hill Road Santa Rosa, CA 95404 Masterson Communications, Inc. 2081 Wellmar Drive Ukiah, CA 95482-5400 McFarland Cascade P. O. Box 1496 Tacoma, WA 98401 Mendo Mill & Lumber 1870 North State Street Ukiah, CA 95482-5400 Manly Automotive Group Corby Avenue Mall P. O. Box 1629 Santa Rosa, CA 95402 Micro World 326 Maple Avenue Torrance, CA 90503 Micron Electronics 900 E. Karcher Road Nampa, ID 83687 Nixon-Egil Equipment co. 24701 Clawiter Road Hayward, CA 94545 North Bay Equipment Inc. 5100 Commerce Blvd. Rohnert Park, CA 94928 North Bay Truck Works 141 Helman Lane Cotati, CA 94931 NTU Technologies, Inc. 1559 Estee Avenue Napa, CA 94558 O'Brien Mobile Power Rental 1845 Park Road Benicia, CA 94510-2330 Orbicom Systems, Inc. P. O. Box 130160 The Woodlands, TX 77393-0160 Oxford Tire Recycling P. O. Box 969 Westley, CA 95387-0969 Pacific Computer Supply 2686 Middlefied Road Redwood City, CA 94063 Peterson Tractor Co. 1471-B South Main Street Willits, CA 95490 Polydyne, Inc. P. O. 351420 Toledo, OH 43635-1420 Portable Computer systems, Inc. 1746 Cole Blvd., Ste 225 Golden, CO 80401-3210 Pressure Vessel Service, Inc. 525 Seaport Blvd. Redwood City, CA 94063-2711 Quantex Microsystems 400-B Pierce Street Somerset, NJ 08873 Rainbow Agricultural Services 235 East Perkins Street Ukiah, CA 95482-5400-5400 Rino Pacific/Rinehart Oil, Inc. P. O. Box 328 Wilsonville, OR 97070 San Jose Blue 835 Julian San Jose, CA 95126 Sierra Chemical Company P. O. Box 50730 Sparks, NV 89435-0730 Sot~ware Corporation of America 100 Prospect Street Stamford, CT 06901 Solid Waste Systems, Inc. P. O. Box 2627 Petaluma, CA 94953-2627 Spillman Data Systems, Inc. 810 South 100 West Logan, UT 84321-5929 Stevenson Supply & Tractor Co. 3601 Regional Parkway Santa Rosa, CA 95403 Tech Support 920 Waugh Lane Ukiah, CA 95482-5400-5400 Stimsonite Corporation Equipment Division 1855 Plymouth Road, NW Atlanta, GA 30318 Terry Equipment Inc. 14520 Whittram Avenue Fontana, CA 92335 The Systems Network 1282 North State Street Ukiah, CA 95482-5400-5400 Tigerdriect, Inc. 8700 West Flagler St.,4th Floor Miami, FL 33174 Tosco Marketing Co. P. O. Box 52084 Phoenix, AZ 85072 Ukiah Ford 1170 South State Street Ukiah, CA 95482-5400 WESTCO Tractor & Equipment 57 Scenic Avenue Santa Rosa, CA 95407 Western Power & Equipment 1751 Bell Avenue Sacramento, CA 95838 Western Traction Co. 1333 Atlantic Street Union City, CA 94587 Wildfire Halprin 5548 Bandini Blvd. Bell, CA 90201-6404 Winbook 1160 Steelwood Road Columbus, OH 43212 ITEM NO, 8a DATE: danuarv 20.1999 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION APPROVING ACQUISITION OF REAL PROPERTY, ASSESSOR'S PARCEL No. 003-330-66, AND AUTHORIZE CITY MANAGER TO EXECUTE PURCHASE AGREEMENTS The City of Ukiah has been approached by the property owner of a parcel of land adjacent to the southwest boundary of the airport. This individual is in the process of divesting several land holdings in the Ukiah area and has expressed an interest in selling the approximately 1.95 acre parcel to the airport for the amount of $2.00 per square foot. Subsequent to meeting with that individual, staff requested and received authorization from the Council, during a previous closed session, to proceed with~ an appraisal of the property and negotiate a tentative agreement. That appraisal is now completed and is consistent with the seller's asking price and a tentative agreement has been reached. The agreement is included in the attached resolution as Exhibit "A". Staff is now bringing this item back to the Council with a recommendation to proceed with purchase. The subject property is adjacent to the southwestern boundary of the Airport, directly south of Oak Valley Nursery. The appraisal for the property was completed by Harding Appraisals, MAI, of Santa Rosa. The property is identified in the Airport Master Plan for acquisition to support future airport development and would be ideal for that purpose. The property includes approximately 84,500 square feet of which 7,500 square feet is a shared driveway with the airport. The property is currently vacant, located outside the city limits with access to State Street as well as frontage directly adjacent to the airport taxiway. The appraised valuation is $170,000 or approximately $2.00 per square foot which is consistent with the seller's asking price. Continued on Page 2 RECOMMENDED ACTION: Adopt resolution approving acquisition of Assessor's Parcel No. 003-330- 66 and authorize City Manager to execute purchase agreements. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine further negotiations are necessary and remand to staff with direction. 2. Determine acquisition of property is inappropriate and move to deny. Citizen Advised: N/A Requested by: Prepared by: Coordinated with: Candace Horsley, City Manager Larry W. DeKnoblough, Community Services Director Candace Horsley, City Manager Michael Flad, Assistant City Manager Michael Harris, Budget Officer Attachments: ~ 1. Draft Resolution 2. Airport Master Plan Excerpt 3. Assessor's Parcel Map APPROVED' ,~::~1 (~ Candace Horsley, Manager As the property is currently located outside the City, zoning is determined by the County of Mendocino as C-1, Commercial. The appraisal also indicates there are no easements on the land which would effect property value and it is not in the flood zone or seismic hazard zone. I have confirmed with Senior Planner, Charley Stump that the Airport Master Plan places the property in the B1 zone which allows for several types of commercial development as identified in Attachment #2. The only existing improvements to the property is a perimeter chainlink fence. Assistant City Manager Michael Flad has discussed the potential acquisition with Mr. Abel Tapia of the Federal Aviation Administration, and while Mr. Tapia certainly can not guarantee funding at this preliminary stage, he has indicated that property purchases of this nature are regularly funded by the FAA at the rate of 90% reimbursement. Two caveats to the FAA funding are that the acquisition must be eligible for future airport development, although no specific timeline is required, and that the funding of any grant request would likely take up to two years. Because of this timeline for funding it will be necessary for the Airport to temporarily fund the acquisition through internal financing with City resources. This matter has been addressed in the mid-year budget adjustment being considered by the City Council at the January 20 meeting. A three year loan from the Special General Fund, Fund 110 of $175,000 to the Airport Fund is recommended. A breakdown of the acquisition costs are as follows' Property Cost Title Insurance Fee Escrow Fee $170,000 825 Total $171,147 Staff believes the acquisition of this property is within fair market value, based upon the appraised value and will be of significant economic benefit to the airport's future. Staff is therefore recommending approval of the purchase and adoption of the attached resolution authorizing the City Manager to execute purchase agreements. LD2 RYAN.ASR 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING ACQUISITION OF ASSESSOR'S PARCEL NO. 003-330-66 AND AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WHEREAS, the City Council of the City of Ukiah has determined that the preservation of the Ukiah Municipal Airport is of significant benefit to the community, and; WHEREAS, the City Council has further determined through the Airport Master Plan that economic growth of the airport is contributory to its preservation, and; WHEREAS, certain properties such as Assessor's Parcel No. 003-330-66 have been identified by the Airport Master Plan for acquisition for the purpose of improving economic growth at the airport, and; WHEREAS, the City has negotiated in good faith an agreement for the purchase of Assessor's Parcel No. 003-330-66 based upon the appraised value of $170,000 as illustrated in the agreement attached to this resolution as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED THAT: the City Council of the City of Ukiah hereby approves the acquisition of Assessor's Parcel No. 003-330-66 and authorizes the City Manager to execute the necessary purchase agreements. PASSED AND ADOPTED this 20th day of January, 1999, by the following roll call vote AYES: NOES: ABSENT: ATTEST: Jim Mast[n, Mayor Marie Ulvila, City Clerk LD2 Ryan.res EXHIBIT "A" AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS (ESCROW #193124-DI) THIS AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS ("Agreement") is made and entered into as of the day of January, 1999, by and between the Deep Valley Mobile Home Park, LLC, a California Limited liability company("Seller,,) and City of Ukiah, a general law municipal corporation("Buyer,,). Buyer and Seller agree as follows: 1. Definitions: For the purposes of this Agreement the following terms will be defined as follows: (a) "Property": the real property, located within the unincorporated area of Mendocino County and known as Mendocino County Assessor's Parcel Number 3-330-66 which is more particularly described in the attached Exhibit A, which is incorporated herein by this reference. (b) "Effective Date": The Effective Date (the date from which all dates in this Agreement will be measured) is the date upon which both Buyer and Seller have executed this Agreement, as stated in the first paragraph of this document. (c) "Purchase Price": The Purchase Price for the Property is $170,000. (d) "Deposit": The Deposit will be as provided in paragraph 3. (e) "Escrow Holder": The Escrow Holder is Redwood Empire Title Company of Mendocino County, 376 East Gobbi Street, P.O. Box 238, Fax No. 707/462-5010. (f) "Title Company": The Title company is Redwood Empire Title Company of Mendocino County (g) "Closing Date": The Closing Date is February , 1999, subject to extension as provided for in this Agreement. (h) "Notices" will be sent as follows to: S:\U\Agrmts99\RYANescrc~{.wpd January 14, 19~9 Seller: Deep Valley Mobile Home Park,LLC C/0 Les Ryan 495 East Perkins Street Ukiah, CA 95482 FAX: 707/ Buyer: City of Ukiah C/O Candace Horsley, City Manager Ukiah Civic Center 300 Seminary Avenue Ukiah, CA 95482 FAX: 707/463-6204 Escrow Holder: First American Title Company 551 South Orchard Ave. Ukiah, CA. 95482 (k) Exhibits (check as applicable): X X Exhibit A - Legal Description Exhibit B - Form of Deed Exhibit C - FIRPTA Affidavit 2. Purchase and Sale: Upon and subject to the terms and conditions set forth in this Agreement, Seller agrees to sell to Buyer and Buyer agrees to buy from Seller the Property, together with all easements, hereditament and appurtenances thereto, and all improvements and fixtures situated thereon (the "Improvements"). 3. Purchase Price: The Purchase Price for the Property will be paid as follows: Buyer shall deposit $1000 when escrow is opened pursuant to paragraph 4. The balance of $169,000 shall deposited by Buyer prior to Close of Escrow. 4. Escrow: Immediately after the execution of this Agreement, Buyer and Seller shall open an escrow (the "Escrow") with the Escrow Holder by delivering to Escrow Holder a fully executed copy of this Agreement (the "Opening of Escrow"). The purchase and sale of the Property will be completed through the Escrow. Buyer and Seller agree to execute any additional instructions reasonably required by the Escrow Holder. If there is a conflict S:\U\Agrmts99\RYA_Nescrow.wpd January t4, t999 between any printed escrow instructions and this Agreement, the terms of this Agreement will govern. 4.5 Extension of Escrow: The parties may extend the Closing Date by mutual written agreement. 5. Cancellation Fees and Expenses: In the event that the Closing does not occur at the time and in the manner provided in this Agreement because of the default of one of the parties, the non-defaulting party has the right to cancel the Escrow by written notice to the defaulting party and to the Escrow Holder. All costs of cancellation will be paid by the defaulting party. 6. Deliveries to Escrow Holder: 6.1 By Seller. On or prior to the Closing Date, Seller will deliver or cause to be delivered to Escrow Holder the following items: (a) A Grant Deed ("Grant Deed") duly executed and acknowledged by Seller; (b) A Transferor's Certificate of Non- Foreign Status properly executed by Seller; and (c) A properly executed California Form 590 or other evidence sufficient to establish that Buyer is not required to withhold any portion of the Purchase Price pursuant to Sections 18805 and 26131 of the California Revenue and Taxation Code. 6.2 By Buyer. On or prior to the Closing Date, Buyer will deliver or cause to be delivered to Escrow Holder the following items: (a) The Purchase Price in accordance with Paragraph 3; and (b) The amount due Seller, if any, after the prorations are computed in accordance with Paragraph 14. 6.3 By Buyer and Seller. Buyer and Seller will each deposit such other instruments as are reasonably required by Escrow Holder or otherwise required to close Escrow. In addition, Seller and Buyer will designate the Title Company as the "Reporting Person" for the transaction pursuant to Section 6045(e) of the Internal Revenue Code. S:\U\Agrm[s99\RYANescrow.wpd January !4, 1999 7. Condition of Title: At the Close of Escrow, fee simple title to the Property will be conveyed to Buyer by Seller by Grant Deed, subject only to the following matters ("Permitted Exceptions"): (a) a lien for real property taxes not then delinquent; (b) matters of title respecting the Property contained in the Title Report (as hereinafter defined) and approved by Buyer in accordance with this Agreement; and (c) matters affecting the condition of title to the Property created by or with the written consent of Buyer. 8. Conditions to the Close of Escrow: 8.1 Conditions Precedent to Buyer's ObligatiQns. The following conditions must be satisfied not later than the Closing Date or such other period of time as may be specified below: (a) Title. Within ten (10) days of the Effective Date, Seller shall furnished to Buyer a preliminary report for the Property prepared by the Title Company together with copies of the documents described in such report (the "Title Report"). Buyer shall examine the Title Report and the documents described in the Title Report and approve or disapprove same within fifteen (15) days of their receipt by Buyer. (b) Inspections and Studies. Within fifteen (15) days of the effective date of this Agreement, Buyer has approved the results of any and all inspections, investigations, tests and studies which Buyer has elected to make or obtain with respect to the Property and has accepted the condition of the Property. Buyer will pay for all such inspections, tests and studies. (c) Representations, Warranties and Covenants of Seller. Seller will have duly performed each and every agreement to be performed by Seller hereunder and Seller's representations, warranties and covenants set forth in this Agreement will be true and correct as of the Closing Date. (d) No Material Changes. At the Closing Date, there will be no material adverse changes in the S:\U\Agrmts99\RYANescrow.wpd January 14, 1999 physical condition of the Property which have occurred after the Effective Date. (e) Seller's Deliveries. Seller will have delivered the items described in Paragraph 6.1. (f) Title Insurance. As of the Close of Escrow, the Title Company will issue or have committed to issue the Title Policy to Buyer with only the Permitted Exceptions. The conditions set forth in this Section are solely for the benefit of Buyer and may be waived only by Buyer. At all times Buyer has the right to waive any condition. Such waiver or waivers must be in writing to Seller. 9. Due Diligence Period: 9.1 Matters to Be Reviewed. Buyer has reviewed and approved the following matters. (a) Seller will allow Buyer and/or its agents access to the Property to perform any and all investigations and inspections desired by Buyer (provided that any entry will be subject to the provisions of Paragraph 22); (b) Ail applicable government ordinances, rules and regulations and evidence of Seller's compliance therewith, including without limitation zoning and building regulations; (c) Ail licenses, permits and other governmental approvals and/or authorizations relating to the Property; and (d) Ail leases, agreements, contracts, documents, instruments, reports, surveys, books and records relating to the Property which are in Seller's possession or are reasonably available to Seller. 9.2 Delivery of Copies. Seller has provided to Buyer copies of all items described in (b), (c), and (d) in Paragraph 9.1 above, requested by Buyer. 9.3 Material New Matters. If Buyer discovers any new matter between the Effective Date and the Closing Date which was: (a) not disclosed by Seller or any other person or entity prior to the Effective Date; or S: \U\Agrmt s 99k RYA_Nescrow. wpd Januar;, 14, 1999 5 (b) was not reasonably discoverable prior to the Effective Date; and that matter is one which: (a) would appear as an exception in the Title Policy; or (b) is materially inconsistent with a disclosure by Seller or with any representations or warranties contained in Paragraphs 16 or 19; and (c) such new matter is of such a nature that, in Buyer's reasonable judgment, it would materially and adversely affect the acquisition, development, sale or use of the Property; then Buyer is entitled to treat such new matter as a failure of condition to the Close of Escrow. If Buyer elects to treat such new matter as a failure of condition to the Close of Escrow, Buyer must give notice to Seller of Buyer's election to terminate this Agreement within 3 business days of Buyer's obtaining knowledge of such new matter. However, if Buyer gives Seller notice of its election to terminate this Agreement, Seller may elect, by written notice to Buyer and to Escrow Holder within 10 business days following Seller's receipt of Buyer's notice, to correct the new matter prior to the Close of Escrow. If Seller elects to correct the new matter, Seller will be entitled to extend the Close of Escrow for not more than 30 days in order to correct the new matter and, in such event, this Agreement will not terminate. 10. Conditions Precedent to Seller's Obligations: The Close of Escrow and Seller's obligations with respect to this transaction are subject to Buyer's delivery to Escrow Holder on or before the Closing Date, of the Purchase Price and the items described in Paragraph 6.2 11. Title Insurance: At the Close of Escrow, Title Company shall issue to Buyer a CLTA Title Insurance Policy in an amount equal to the Purchase Price showing fee title to the Property vested in Buyer subject only to the title conditions approved by Buyer ("Title Policy") and the standard printed exceptions and conditions in the policy of title insurance. 12. Costs and Expenses: Seller will pay: S:\U\Agrmts99\RYANescrow.wpd JanuarT, 14, 1999 (a) its prorated share of any bond or assessment which is a lien upon the Property; and (b) Seller's share of prorations. Buyer will pay: (a) premiums for the CLTA Title Policy; (b) escrow fees and costs; (c) documentary transfer taxes; (d) transfer, assumption and prepayment fees; (e) any document recording charges; and (h) buyer's share of prorations. Buyer and Seller will each pay all legal and professional fees and fees of other consultants incurred by Buyer and Seller, respectively. All other costs and expenses will be allocated between Buyer and Seller in accordance with the customary practice in the County in which the Property is located. 13. Prorations: 13.1 Taxes/Assessm~ntS/Ren~s. Ail non-delinquent real estate taxes on the Property will be prorated as of the Close of Escrow based on the actual current tax bill. If the Close of Escrow takes place before the real estate taxes are fixed for the tax year in which the Close of Escrow occurs, the apportionment of real estate taxes will be made on the basis of the real estate taxes for the immediately preceding tax year applied to the latest assessed valuation. All rents, if any, will be prorated as of the Close of Escrow. All delinquent taxes and all delinquent assessments, if any, on the Property will be paid at the Close of Escrow from funds accruing to Seller. All supplemental taxes billed after the Close of Escrow for periods prior to the Close of Escrow will be paid promptly by Seller. 13.2 Method of Proration. Ail prorations will be made as of the date of Close of Escrow based on a 365 day year or a 30 day month, as applicable. 14. Disbursements and Other Actions by Escrow Holder: At the Close of Escrow, Escrow Holder will promptly undertake all of the following: 14.1 Funds. Disburse all funds deposited with Escrow Holder by Buyer in payment of the Purchase Price; deduct or S:\U\Agrmts99\RYANescrc~{.~vpd January 14, 1999 credit all items chargeable to the account of Seller and/or Buyer pursuant to Paragraph 12; disburse the balance of the Purchase Price to Seller and the remaining balance of the funds, if any, to Buyer promptly upon Close of Escrow. 14.2 Recording. Cause the Grant Deed (with documentary transfer tax information to be affixed after recording) to be recorded with the County Recorder and obtain conformed copies thereof for distribution to Buyer and Seller. 14.3. Title Policy. Direct the Title Company to issue the Title Policy to Buyer. 14.4 Disbursement of Documents to Buyer. Disburse to Buyer the FIRPTA Certificate and any other documents (or copies thereof) deposited into Escrow by Seller pursuant hereto. 15. Joint Representations and Warranties: In addition to any express agreements of the parties contained herein, the following constitute representations and warranties of the parties each to the other: (a) Each party has the legal power, right and authority to enter into this Agreement and the instruments referenced herein, and to consummate this transaction. (b) Ail requisite action (corporate, trust, partnership or otherwise) has been taken by each party in connection with the entering into of this Agreement, the instruments referenced herein, and the consummation of this transaction. No further consent of any partner, shareholder, creditor, investor, judicial or administrative body, governmental authority or other party is required. (c) The individuals executing this Agreement and the instruments referenced herein on behalf of each party and the partners, officers or trustees of each party, if any, have the legal power, right, and actual authority to bind each party to the terms and conditions of those documents. (d) This Agreement and all other documents required to close this transaction are and will be valid, enforceable against each party in accordance with their terms, subject only to applicable bankruptcy, insolvency, reorganization, moratorium laws or similar laws or equitable principles affecting or 16. Seller's Warranties and Representations: Seller makes the S:~U\Agrmts99\RYANescrow.wpd January 14, 1999 following representations, covenants and warranties and acknowledges that Buyer will rely on such representations, covenants, and warranties in acquiring the Property, each of which shall survive the Closing for a period of 1 year: 16.1 Seller has not entered into any lease or other agreement for possession with any person or entity (except Buyer) pursuant to which such person or entity has any current or future right or interest to occupy, possess or use all or any portion of the Property. 16.2 Seller is not a "foreign person" within the meaning of Section 1445(f) (3) of the Internal Revenue Code. 16.3 Without the prior written consent of Buyer, Seller will not convey any interest in the Property, and Seller will not subject the Property to any additional liens, encumbrances, covenants, conditions, easements, rights of way or similar matters after the date of this Agreement, except as may be otherwise provided for in this Agreement, which will not be eliminated prior to the Close of Escrow. 16.4 Seller will not make any material alterations to the Property without Buyer's consent, which will not be unreasonably withheld or delayed. 16.5 So long as this Agreement remains in full force and effect, Seller will: (a) Subject to paragraph 19.3, maintain the Property in substantially the same condition as of the Effective Date and manage the Property in accordance with Seller's established practices including ordinary repairs and replacements and will not otherwise unreasonably defer any maintenance to the Property. (b) Subject to paragraph 19.3 keep, and perform all of the obligations to be performed by Seller under any leases or contracts. Seller shall not enter into any contract or agreements providing for the provision of goods or services to or with respect to the Property or the operation thereof unless such contracts or agreements can be terminated without penalty by the Closing Date, unless Seller first obtains the written consent of Buyer, which will not be unreasonably withheld or delayed. Seller will not enter into any new leases for any portion of the Property or extend the terms of any existing leases without Buyer's written consent. 17. Condemnation and Destruction: S:\,U\Aqrmts99\RYANescrow.wpd lanuary 14, 1999 17.1 Eminent Domain or Taking. If proceedings under an power of eminent domain relating to the Property or any part thereof are commenced prior to Close of Escrow, Seller shall promptly inform Buyer in writing. (a) If such proceedings involve the taking of title or a material interest in the Property, Buyer may elect to terminate this Agreement by Notice in writing sent within 10 days of Seller's written notice to Buyer, in which case neither party shall have any further obligation to or rights against the other except any rights or obligations of either party which are expressly stated to survive termination of this Agreement. (b) If the proceedings do not involve the taking of title to all or material interest in the Property, or if Buyer does not elect to terminate the Agreement, this transaction will be consummated as described herein and any award or settlement payable with respect to such proceeding will be paid or assigned to Buyer upon Close of Escrow. (c) If this sale is not consummated for any reason, any condemnation award or settlement shall belong to Seller. 17.2 Damage or Destruction. Except as provided in this Paragraph, prior to the Close of Escrow the entire risk of loss of damage by earthquake, flood, landslide, fire or other casualty is borne and assumed by Seller. If, prior to the Close of Escrow, any part of the Improvements is damaged or destroyed by earthquake, flood, landslide, fire or other casualty, Seller will promptly inform Buyer of such fact in writing and advise Buyer as to the extent of the damage and whether it is, in Seller's reasonable opinion, "material" or not "material." (a) If such damage or destruction is "material," Buyer has the option to terminate this Agreement upon written notice to the Seller given not later than 10 days after receipt of Seller's written notice to Buyer advising of such damage or destruction. (b) For purposes hereof, "material" is deemed to be any damage or destruction to the Property which would increase the cost of site preparation for construction by 25% or more and would add sixty (60) days or more to the time required to prepare the Property for construction. (c) If this Agreement is so terminated, the S: \U\Ag rmt s 99\ RYANescrow. wpd 3anuary 14, 1999 10 provisions Paragraphs 5 and 8.1 (c) and will govern. (d) If Buyer does not exercise this option to terminate this Agreement, or if the Casualty is not material, Seller will reduce the purchase price by the value allocated to the damaged portion of the Property, less any sums expended by Seller to make emergency repairs to the Property or otherwise protect the physical condition of the Improvements or the Property, and this transaction will close pursuant to the terms of this Agreement. (e) If the damage is not material, Seller's notice to Buyer of the damage or destruction will also set forth Seller's reduced purchase price and Seller's allocation of value to the damaged portion of the Improvements. If Buyer does not accept Seller's reduced purchase price, Buyer's sole remedy will be to terminate this Agreement, and the provisions of Paragraphs 5 and 8.1 (c), will govern. 18. Indemnification: 18.1 Indemnification by Seller. Seller agrees to indemnify, defend and hold Buyer harmless for, from and against any and all claims, demands, cause or causes of action and suit or suits of any nature whatsoever arising from any misrepresentation or breach of warranty or covenant by Seller in this Agreement. 19. Hazardous Substances: 19.1 Definitions. For the purposes of this Agreement, the following terms have the following meanings: (a) "Environmental Law" means any law, statute, ordinance or regulation pertaining to health, industrial hygiene or the environment including, without limitation, CERCLA (Comprehensive Environmental Response, Compensation and Liability Act of 1980) and RCRA (Resources Conservation and Recovery Act of 1976.) (b) "Hazardous Substance" means any substance, material or waste which is or becomes designated, classified or regulated as being "toxic" or "hazardous" or a "pollutant" or which is or becomes similarly designated, classified or regulated, under any federal, state or local law, regulation or ordinance. 19.2 Representations and Warranties regarding Hazardous Substances and Environmental laws. Seller warrants and S:~,U\Agrmts99\RYANescrow.wpd January 14, 1999 11 represents that the Property and the soil, groundwater or soil vapor on or under the Property is not contaminated by any Hazardous Substance and does not violate any Environmental Law. Seller agrees to indemnify, defend and hold harmless Buyer and its officers and employees from and against any claim, liability, cost or expense arising from any violation of the representations in this subparagraph, including the costs of defending against any such claim. These costs include, but are not limited to, the fees of attorneys, consultants, investigators, and experts retained to defend against the claim. 19.3 Notices Regarding Hazardous Substances. During the term of this Agreement, Seller will promptly notify Buyer if it obtains actual knowledge that there may be any Hazardous Substance in or around the Property, or in the soil, groundwater or soil vapor on or under the Property, or that Seller or the Property may be subject to any threatened or pending investigation by any governmental agency under any law, regulation or ordinance pertaining to any Hazardous Substance. Any new disclosure by Seller made after [he end of the Due Diligence Period will be governed by the provisions of Paragraph 9. 20. Notices: Ail notices or other communications required or permitted hereunder must be in writing, and be personally delivered (including by means of professional messenger service) or sent by registered or certified mail, postage prepaid, return receipt requested to the addresses set forth in paragraph 1. Ail notices will be deemed received on the date of mailing. 21. Broker: Seller represents and warrants to Buyer, and Buyer represents and warrants to Seller, that, except as noted herein, no broker or finder has been engaged by them, respectively. In the event of a claim for brokers' or finders' fees or commissions in connection with the negotiation, execution or consummation of this Agreement, the party who dealt with such broker or finder will indemnify, save harmless and defend the other party from and against such claims. 22. Entry: Buyer and Buyer's representatives, agents and designees will have the right, at reasonable times and upon reasonable notice to Seller, (which notice must describe the scope of the planned testing and investigations) to enter upon the Property, in connection with its proposed purchase of the Property. However, Buyer agrees that: (a) all tests will be at Buyer's sole cost and expense; (b) Seller will have the right of approval (which will not be unreasonably withheld or delayed) of any S:\U\Agrmts99\RYANescrcw.wpd January 14, 1999 12 proposed physical testing or drilling; (c) Buyer will advise Seller in advance of the dates of all tests and will schedule all tests during non-banking hours whenever feasible; (d) Seller will have the right to have a representative of Seller accompany Buyer and Buyer's representatives, agents or designees while they are on the Property; (e) any entry by Buyer, its representative, agents or designees will not interfere with Seller's or any tenant's use of the Property; (f) Buyer will indemnify, defend and hold Seller harmless for, from and against any and all claims, damages, costs, liabilities and losses (including mechanics' liens) arising out of any entry by Buyer or its agents, designees or representatives; and (g) Buyer will restore the Property to the condition it was in prior to testing at Buyer's sole cost and expense if this transaction does not close. In addition, prior to any entry involving physical testing, drilling or other physical disturbance, Seller may require Buyer to provide Seller with proof of comprehensive general liability insurance naming Seller as an additional insured in an amount and with coverages reasonably satisfactory to Seller. This indemnity provision will survive the Closing or any earlier termination of this Agreement. 23. Miscellaneous: 23.1 Counterparts. This Agreement may be executed in counterparts. 23.2 Partial Invalidity. If any term or provision of this Agreement shall be deemed to be invalid or unenforceable to any extent, the remainder of this Agreement will not be affected thereby, and each remaining term and provision of this Agreement will be valid and be enforced to the fullest extent permitted by law. 23.3 Possession of the Property. Seller will deliver possession of the Property to Buyer upon the Close of Escrow. 23.4 Waivers. No waiver of any breach of any covenant or provision contained herein will be deemed a waiver of any S:~,U\Agrmts99\RYA/qescrow.wpd January 14, 1999 13 preceding or succeeding breach thereof, or of any other covenant or provision contained herein. No extension of time for performance of any obligation or act will be deemed an extension of time for performance of any other obligation or act except those of the waiving party, which will be extended by a period of time equal to the period of the delay. 23.5 Successors and Assigns. This Agreement is binding upon and inures to the benefit of the permitted successors and assigns of the parties hereto; provided, however, that if Seller dies prior to close of escrow, Buyer shall have the option of purchasing the Property from Seller's successor or terminating the agreement and obligation to purchase. 23.6 Professional Fees. In the event of the bringing of any action, arbitration or suit by a party hereto against another party hereunder by reason of any breach of any of the covenants, agreements or provisions on the part of the other party arising out of this Agreement, then in that event the prevailing party will be entitled to have the recovery of and from the other party all costs and expenses of the action, arbitration or suit, actual attorneys' fees, witness fees and any other professional fees resulting therefrom. 23.7 Entire Agreement. This Agreement (including all Exhibits attached hereto) constitutes the entire contract between the parties hereto and may not be modified except by an instrument in writing signed by the party to be charged. 23.8 Time of Essence. Seller and Buyer hereby acknowledge and agree that time is strictly of the essence with respect to each and every term, condition, obligation, and provision hereof. 23.9 Construction. This Agreement has been prepared by Buyer and its professional advisors and reviewed by Seller and its professional advisers. Seller and Buyer and their respective advisors believe that this Agreement is the product of all of their efforts, that it expresses their agreement and that it should not be interpreted in favor or against either Buyer or Seller. The parties further agree that this Agreement will be construed to effectuate the normal and reasonable expectations of a sophisticated Seller and Buyer. 23.10 Governing Law. The parties hereto expressly agree that this Agreement will be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California. 23.11 Confidentiality. Unless otherwise agreed to in writing by Seller and Buyer, each party will keep confidential all documents, financial statements, reports or other information S:\U\Aqrmts99\RYA/qescrow.wpd January 14, 1999 14 provided to, or generated by the other party relating to the Property and will not disclose any such information to any person other than (i) those employed by Seller or Buyer; (ii) those who are actively and directly participating in the evaluation of the Property and the negotiation and execution of this Agreement or financing of the purchase of the Property and (iii) governmental, administrative, regulatory or judicial authorities in the investigation of the compliance of the Property with applicable legal requirements. However, Buyer expressly covenants and agrees that it will not disclose any code compliance, environmental or other regulatory matters to governmental or other authorities without the express prior written approval by Seller. The provision of this Paragraph will survive the termination of this Agreement other than by Closing. 24. Additional Terms: A rider containing additional terms IS ~ IS NOT annexed hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year hereinabove written. Seller: Buyer: DEEP VALLEY MOBILE HOME PARK,LL CITY OF UKIAH By: By: [Type or print name and title] [Type or print name and title] ATTEST: ATTEST: S:\U\AgrmSs99\RYANescrcw.wpd January 14, 1999 15 Order ~;o. 193124-DI 1. The estate or interest in the land hereinafter described or referred to covered by this Report is: a fee 2. Title to said estate or interest at the date hereof is vested in: DEEP VALLEY MOBILE HOME PARK, LLC, a CALIFORNIA LIMITED LIABILITY COMPANY 3. The land referred to herein is situated in the unincorporated area County of Mendocino, State of California, and is described as follows: BEGINNING at a fence stake marking the intersection of the North line of Lot 73 of Yokayo Rancho within the easterly right of way line of the California State Highway 101, which point of beginning is also at a corner of the Ukiah Municipal Airport; thence from said point of beginning running North 83020'07'' East (record North 83022'30'' East) along the Southerly line of said Airport property, 679.60 feet to a 2 inch galvanized pipe; thence South 21o32,30. East along said Airport property, 155.51 feet to a 1/2 inch iron pipe with a plastic plug insert stamped RCE15311, as shown on a map filed in Map Case 2, Drawer 43, Page 8, Mendocino County Records; thence leaving the said Airport prcperty South 78027,24'' West, 465.22 feet to a 1/2 inch iron pipe with a plastic plug insert stamped RCE15311, as shown on the said map; thence Northerly, along a curve parallel with the Easterly right of way line of the said California State Highway 101, a distance of 163 feet, more or less, to a point that is 30 feet Southerly of the Southerly line of the said Airport property and 250.00 feet Easterly of the easterly right of way line of the said California State Highway 101; thence South 83020'07'' West, 250.00 feet to The said easterly right of way line of the said California State Highway 101; thence Northerly along the curve of said easterly line of said California State Highway 101, 30 feet, more or less, to the Point of Beginning. 3-330-66 Land Use and Environmental Issues / Chapter 7 Attachment #2 :: .... :::::..: '' ....... ':: ........ ::.:.: :' : · ::' .............. '" '.:::'::" '. ..... i'.:.:.:::: ' ::; H~iaemlal..' I:::, eo le/aC)z ...... ': ::': ..... · ' '?': :':"': : ."::.'.. "" : ':'" ' · .... ' ........ ' .:: !: ' :'":I:::: (p P .......... '".: ::: ' :':'::i ..' 7 A: . Runway Protection Zone or · High risk 0 10 All · ~ within Building Restriction · High noise levels Remaining .... ':::I Line Required !' i:;! B~;::! Approach/Departure Zone and · Substantial risk - aircraft 10 acres 60 30% ' :..::i:ili;i Adjacent to Runway commonly below 400 ft. AGL Required ·: or within 1,000 ft. of runway · .:: '.-::.. · Substantial noise ::: B2:':Extended Approach/Departure · Signirm..ant risk - aircraft corn- 2 acres 60 30% :' '' Zone monly below 800 ft. AGL Recommended · Significant noise C:~' Common Traffic Pattern · Umited risk - aircraft at or 15 units 150 15% :. below 1,000 fL AGL per acre Recommended .'.;. · Frequent noise intrusion , · 'D Other Airport Environs . Negligible risk No No No · Potential for annoyance from Limit Limit Requirement overflights ':: i~ ~ Prohibited Uses.: A · All structures except · Dedication of aviga- · Aircraft tiedown apron · Heavy poles, signs, · ones with location set tion easement ° Pastures, field crops, large trees, etc. ':::. by aeronautical func- vineyards :': :::ii::ii.. tion * Automobile parking :?':~:: ::'~:;~:;;~: · Assemblages of peo- :.. :.,: ii~i:'".:':..:i::??:~:: * Objects exceeding ::: .:i:::E FAR Part 77 height :~::: :::': :~:::::~ ........ limits ::: '..' '::i!:::i!:i :' :::.:::::/ ° Hazards to flights :~.. BI':.::!'i::: · Schools, day care ° Locate structures * Uses in Zone A · Residential subdivi- . : "and: centers, libraries maximum distance ° Single-stow offices sions 'B2., ° Hospitals, nursing from extended runway ° Single-family homes on · Intensive retail uses homes centerline an existing lot · Intensive manufac- · Highly noise-sensitive ° Dedication of aviga- · Low-intensity retail, of- turing or food pro- uses (e.g. amphi- tion easement rice, etc. cessing uses theaters) ° Low-intensity manufac- · Multiple stoW offices · Storage of highly flare- turing ,, Hotels and motels ': mable materials" · Food processing · Multi-familiy residen- · ..: · Hazards to flights rial .. :'O :' · Schools · Dedication of over- · Uses in Zone B ° Large shopping :::. · Hospitals, nursing flight easement for · Parks, playgrounds malls homes9 residential uses · Two-stow motels · Theaters, auditori- · Hazards to flights · Residential subdivsions urns · * Intensive retail uses ° Large sports .. · ::::i · Intensive manufacturing stadiums ".:· or food processing uses · Hi-rise office build- * Multi-family residential ings D' · Hazards to flights · Deed notice required · All except ones hazard- for residential der·l- ous to flight ' opment Table 7A Current Compatibility Criteria Mendocino County ALUC 7-12 Attachment # 3 · AGENDA SUMMARY ITEM NO. 8b DATE: January 20, 1999 REPORT SUBJECT: DISCUSSION AND POSSIBLE ACTION CONCERNING WILLITS CITY COUNCIL ACTION ON FORECLOSURE OF NORTH COAST RAILROAD AUTHORITY LOAN AND EFFECT ON UKIAH DEPOT SITE This matter will be discussed in Closed Session at the January 20, 1999 meeting. RECOMMENDED ACTION: If action is to be taken, it will be taken after the Closed Session at the January 20, 1999 meeting. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: N/A N/A Marie Ulvila, City Clerk ~ Candace Horsley, City Manager APPROVED: Cand-~ce Horsley, City I~anager ITEM NO. 9a DATE: January 20, 1999 AGENDA SUMMARY RE PORT SUBJECT: RECEIVE AND FILE THE AUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR 1997/98 Stephen Herr, CPA of Davis Hammon & Co., Certified Public Accountants, conducted the audit of the City of Ukiah's financial statements for the year ended June 30, 1998. Davis Hammon & Co. has audited the City's financial statements for a number of years and therefore has a good understanding of the City's operations. This continuity also provides the financial statements with a similar presentation from year to year. Mr. Herr will attend the Council meeting and answer any questions the Council may have. The financial report is divided into several sections: REPORT Table of Contents Independent Auditors' Report Combined Financial Statements Notes to Financial Statements Enterprise Funds Combining Statements PaGes -- i 3 4-9 10 -20 21-25 Compliance and Internal Control Information 26-31 Supplemental Information 32-34 Ukiah Redevelopment Agency Audit Report 35-45 Independent Auditors' Report The auditors' opinion, titled "Independent Auditors' Report," is unqualified. This means the overall financial statements present fairly, in all material respects, the financial position of the City as of June 30, 1998. (Continued on page 2) RECOMMENDED ACTION: Receive and file the City of Ukiah financial statements for the year ended June 30, 1998, audited by Davis Hammon & Company, CPA's. ALTERNATE COUNCIL POLICY OPTIONS: None Requested by: Candace Horsley, City Manager· Prepared by: Gordon Elton, Finance Director~· Attachments: 1. Schedule of Combining Funds'~ Note: Bound copy of the City of Ukiah Financial Statements for FY 1997-98 was forwarded under separate cover Candace-Horsle~, ~ity Manager Combined Financial Statements As a whole, the City is fiscally sound. The audited financial statements present a summary level for the General Fund, Special Revenue Funds, Debt Service Funds, Capital Project Funds, Enterprise Funds, Internal Service Funds, and Trust and Agency Funds as well as a listing of the totals for the General Fixed Assets and General Long-term Debt Account Groups. This summary is an overview from which only generalized conclusions should be drawn. In addition, Combining Statements of the Enterprise Funds are included on pages 21-25. The general ledger maintains many more funds than are identified in the audited financial statements. Attached is a schedule of the funds that are combined into the funds identified in the audit report. Notes to Financial Statements In addition to the financial statements themselves, the "Notes to Financial Statements", which begin on page 10, provide important additional information about the financial condition of the City and the manner in which business is conducted. Note 7, Capital Leases, and Note 8, Long-term Debt, identify the commitment for future lease and debt obligations. Note 10, Interfund Assets/Liabilities, lists amounts owed between funds. Note ll, Other Required Individual Fund Disclosures, lists funds whose expenditures exceeded their budgets, funds that have deficit fund balances, and the portion of fund balances that are reserved or designated for specific purposes. Landfill Closure and Post-closure Costs, Note 13, discusses the calculation of the City's future obligation for these costs. Note 15, Joint Powers Agreements, identifies the joint powers agreements the City has entered into. Note 18, Changes in Accounting Principles, discusses new accounting rules that were implemented during the fiscal year. Note 19, Prior Period Adjustments, identifies adjustments made to the fund balances as of July 1, 1997 and the reasons for the adjustments. Enterprise Fund Combining Statements These schedules provide asset, liability, equity, revenue, expense and cash flow information for each of the nine enterprises in the City. The nine enterprises within the City are: Electric, Street Lighting, Water, Disposal Site, Sewer, Airport, Parking District, Golf, and Conference Center. Compliance and Internal Control The Compliance and Internal Control section is the area where the auditors report on compliance in accordance with government auditing standards, compliance with general federal requirements, and on internal control structure. The "Schedule of Findings: indicates: 1) The auditors express an unqualified opinion on the general purpose financial statements of the City; 2) No reportable conditions were disclosed during the audit; 3) No instances of noncompliance material to the financial statements of the City were disclosed during the audit; 4) The City was exempt from the requirements of the Single Audit Act for the fiscal year; 5) No new findings were noted; 6) The prior year finding related to reconciliation of investments has been addressed; and 7) The prior GE:AUDIT98.AGN Page 2 year finding related to reconciliation of fixed assets has been partially addressed, however there is room for additional improvement. Management responses are included with each issue the auditors raised. Ukiah Redevelopment Agency The Ukiah Redevelopment Agency financial records are included in the statements labeled "City of Ukiah" as well as presented separately at the end of the audit report. This presentation is required under the generally accepted accounting principle of "reporting entity" which states that any entity that the City Council controls a majority of must be included in the City financial statements (Note IA, page 10). Additional Information Staff will make a presentation at the Council meeting to further explain the financial results of fiscal year 1997-1998. The independent audit firm will be represented by Mr. Stephen Herr. Mr. Herr will answer any questions related to the auditors' opinion, the role of the auditor and the auditor's findings and recommendations. Recommended action Staff recommends receiving and filing the audited financial statements for the year ended June 30, 1998. GE:AUDIT98.AGN Page 3 General Fund 100 General Fund 110 Special General Fund 115 General Fund Reserve 131 Equipment Reserve Fund 140 142 143 200 201 204 205 206 210 250 270 280 290 300 301 302 303 332 333 334 335 340 341 345 618 960 962 150 966 120 698 965 575 678 696 697 9OO 94O 910 915 92O 26O Schedule of Combining Funds Special Revenue Park Development Fund National Science Foundation NEHI Museum Grant Asset Seizure Asset Seizure (Drug/Alcohol) Federal Asset Seizure Supplemental Law Enforcement Services Fund (SLESF) Community Policing Grants Traffic Safety Special Revenues Signalization Fund Storm Drain Fund Bridge Fund 2106 Gas Tax Fund 2107 Gas Tax Fund 2107.5 Gas Tax Fund 2105 Gas Tax Fund Fed. Emergency Shelter Prog. C.D.B.G. E.D.B.G. 94-333 Revolving Loan Community Dev. Comm. Fund Sb325 Reimbursement Fund S.T.P. Off-System Roads Fund Flood Damages Community Redevelopment. Agency Fund Redevelopment Housing Fund Debt Service Civic Center Fund Redevelopment Debt Service Capital Projects Capital Improvements Fixed Asset Fund Redevelopment Cap Improvement Fund Internal Service Funds Garage Fund Public Safety Dispatch Fund Stores Fund Billing Enterprise Fund Expendable Trust Funds Special Deposits Payroll Posting Worker's Compensation Fund PERS Reserve Fund Liability Fund Downtown Business Improvemt 640 650 651 652 670 679 950 Agency Funds San District Revolving Fund Special San District Fund (Cap Imp) Redip Reserve Account Redip Sewer Enterprise Fund U.S.W. Billing M.E.S.A. General Service 550 555 800 801 806 810 Enterprise Funds Electric Lake Mendocino Bond Interest/Redemption Lake Mendocino Bond Reserve Electric Fund Electric Revenue Fund Public Benefits Electric Reserve Fund 82O 84O Water Water Fund Special Water Fund (Cap Imp) 660 661 664 665 666 667 Solid Waste Disposal Sanitary Disposal Site Fund Preclosure Project Reserve Disposal Closure Reserve Refuse/Debris Control Enter. Disposal Site Post Closure Reserve Landfill Self-Insurance. Trust 5OO 610 611 612 615 62O Sewer 1957 Sewer Bond Interest & Redemption Sewer Service Fund Sewer Construction Fund City/Dist. Sewer Fund City/Dist Sewer Replace Special Sewer Fund (Cap Imp) 310 312 315 32O 6OO 6O3 Airport Special Aviation Fund Airport Master Plan Grant Airport Capital Improvement Airport Clear Zone Fund Airport Fund Hangar/Site Improvement Fund 22O 23O 53O Parkinq Parking. District #1 Operation & Maintenance Parking. Dist. #1 Revenue Fund Pkg. District #1 Bond Interest & Redemption 693 695 Golf Clubhouse Renovations Golf Fund 805 410 Other Enterprise Funds Street Lighting Fund Conference Center Fund 86 Total Funds COMBINFU.XLS AGENDA SUMMARY ITEM NO. 9b DATE: JANUARY 20, 1999 REPORT SUBJECT: APPROVAL OF MID YEAR BUDGET AMENDMENT Since the adoption of the 1998/99 budget several items have come about necessitating a mid year budget amendment. This report documents these issues and recommends authorization of the revised revenues or expenditures. Fund 100, General: Department 1001, City Council: Account 100.1001.690.003, Special Events/Supplies, Employee Recognition Dinner, is to be increased by $350 to reflect recently billed music costs for last year's (1997) Christmas employee/Council function. This item was approved in the 1996/97 budget but the vendor did not bill the City until December, 1998, thereby precluding payment during the appropriate fiscal year. Total expenses for the event were less than budgeted, even with this expenditure. Department 1201, City Manager: Ar.,counts100.1201.160.000 through 800.000 are to be increased by $4,841 to reflect the opeational expenses, including computer and software costs, for the new Assistant City Manager position. Department 1501, Planning: Accounts 100.1501.690.000, Special Supplies, and 100.1501.800.000, Machinery and Equipment, are to be increased by $1,318 and $8,400 respectively to provide for new department computers, a printer, and required software. The MIS Coordinator has recommended immediate replacement of the equipment to insure continued satisfactory operation of this function within the department. (continued on page 2) RECOMMENDED ACTION: Approve Mid Year Amendment to the 1998/99 Budget as specified in "1998/99 Mid Year Budget Amendment-Summary of Transactions" (attachment 1 ). ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine modifications to budget amendment are necessary, identify changes, and approve revised amendment. 2. Determine budget amendment is not necessary and take no action. Requested by: NA Prepared by: Michael Harris, Risk ManagedBudge[-officer~and Gordon Elton, Director of Finance Coordinated with: Candace Horsley, City Manager Attachments: 1. 1998/99 Mid Year Budget Amendment- Summary of Transactions, page 1. 2. January 14,1999 City Manager memorandum regarding booking fees, pages 2-3. 3. Pe?,~nnel Cost Totals by Department, pages 4-5. APPROVE~,~ ~ ~ can-'~'ace Horsley, Cit~Manager APPROVAL Of MID YEAR BUDGET AMENDMENT JANUARY 20, 1999 PAGE 2 Department 1601, Personnel: Account 100.1601.250.000, Contractual Services, is to be increased by $1,000 because legal costs for various personnel issues have been more extensive than anticipated when the budget was prepared. Department 1915, General Government Buildings: Account 100.1915.301.000, Building Maintenance and Repairs, is to be increased by $2,000 to cover the costs related to the unusually high number of heating, ventilation, and air conditioning (HVAC) system call outs and to provide for unanticipated roofing repairs including materials. Department 2001, Police: Account 100.2001.500.001, Investigations and Prisoner Expenses, Booking Fees, is to be increased by $20,000. The January 14, 1999 memorandum from the City Manager to the City Council (attachment 2) presents the detail regarding this matter. Department 2101, Fire: Account 100.2101.301.003, Miscellaneous Station Maintenance, is to be increased by $4,254 to cover the costs associated with major repairs to the apparatus bay doors at the Main Fire Station and preparation of the North Fire Station for occupancy by the Mendocino County Chapter of the American Red Cross. These expenses were not anticipated when the station maintenance account was originally budgeted. Major repairs to the apparatus doors are estimated to cost $1,800. Installation of vinyl floor tiles ($1,654) and conversion of the water heater from electric to gas (estimated at $800) are the major expenses associated with preparation of the North Fire Station. Department 2151, Fire Emergency Services Reimbursement Expenses: This department has been created to account for expenses incurred by Fire personnel when called for special assignments outside the City. These expenditures are reimbursed by the agency requesting assistance and are received in an existing revenue account. This accounting is to identify the actual costs and remuneration associated with activities engaged in outside nonregular City operations. The budgeted expenditure is a method to recognize the probability that reimbursable services will be performed. This also segregates the incremental expenses of providing such services from the day-to-day operating expenses of the department. The expense accounts and their respective budgeted amounts are: 100.2151.115.000, Sa/aries, OT and Holidays, $2,208; 100.2151.151.000, Group Insurance, $148; 100.2151.152.000, Workers Comp Insurance, $132; 100.2151.154.000, Medicare, $6; 100.2151.155.000, Unemployment Insurance, $6; and 100.2151.690.000, Operational Supplies, $1,500. The revenue account which matches these expenditures of $4,000 is 100.0800.614.001. Department 3001, Engineering and Administration: Account 100.3001.115.000, Sa/aries, OT and Holidays, is to be increased by $1,939 to cover the overtime costs of the inspections for the reconstruction of Perkins Street. These inspections were conducted by Engineering staff and the expenditures are actual project costs which should be charged to the Gas Tax fund which contained the Perkins Street reconstruction project budget. The monies to meet this budget amendment will therefore come from the fund balance of Fund 303, Gas Tax #2105, by means of a transfer to the General Fund. Fund 334, EDBG 94-333 Revolving Loan: Accounts 334.4704.250.000, Contractual Services, and 334.4704.690.000, Special Supplies, are to be increased by $180 and $24 respectively to reflect bank account servicing charges associated with the economic development loan program received from the State of APPROVAL OF MID YEAR BUDGET AMENDMENT JANUARY 20, 1999 PAGE 3 California. These costs were inadvertently not included in the adopted budget. Fund 600, Airport: The City Council recently authorized the City Manager to pursue the purchase of property adjacent to the airport. The City should be reimbursed (estimated within three years) for the purchase by the Federal Aviation Administration (FAA). Internal financing (a loan to the operating fund from a City fund which has reserves) is proposed to accommodate the immediate expenditures for this unbudgeted item if the purchase is approved by the Council. The revenue is to be provided from Fund 110, Special General Fund. A three year loan of up to $175,000 (including closing costs) with 6% annual interest will be established to be paid upon remittance from the FAA; the proceeds of the loan will be recorded as revenue in account 600.0700.550.000. The appraisal fee, interest charges through June 30, 1999, and closing costs and actual purchase will respectively be accommodated by increases of $2,300 to account 600.5001.250.000, Contractual Services; $4,375 to account 600.5001.685.000, Interest Expense; and $175,000 to account 600.5001.901.000, Buildings and Land. Fund 650, ~pecial District Capital: Account 650.7420.690.000, Special Supplies, is to be increased by $43,748 to reflect a return of a deposit for a "reimbursable" capital project which was not pursued by the applicant. The return of the deposit within this fund was not budgeted as it was understood the project was going forward. All such deposits and reimbursements are handled within this fund. Fund 698, Equipment Replacement: When the current budget was prepared, it was anticipated the Fire training tower would be completed prior to June 30, during the previous fiscal year. Monies approved in previous years for this project were consequently not carried forward into the Fiscal Year 1998/99 budget for Fire tower construction completion. The tower is still being erected, therefore $60,000 is to be taken from fund balance and placed in account 698.2101.800.000, Fire Department Purchases, to accommodate the costs of Fire tower construction being completed this year. All Funds with Personnel Costs: All funds with personnel will be amended to reflect the salary and benefit changes authorized by the recently approved Memoranda of Understanding (MOUs) with the various employee units. The accounts affected by these changes are: 110.000, Regular Sa/aries; 115.000, Salaries, OTand Holidays; 152.000, Workers Comp Insurance; 154.000, Medicare; and 155.000, Unemployment Insurance. These accounts are identified on the list of transactions as "110/155" preceded by the fund/department numbers. The figures for the General Fund include the changes in City Councilmember salaries and the salary and benefits for the new Assistant City Manager position. Reserves previously set aside in Fund 250 for the Assistant City Manager and General Fund personnel costs ($150,000) will be transferred to the General Fund to accommodate a majority of the increase. The total increase of all personnel costs for all City funds is $273,663. Staff recommends approval of the Mid Year Amendment to the 1998/99 Budget as presented. mfh:asrcc99 0120BA CITY OF UKIAH 1998199 MID YEAR BUDGET AMENDMENT - SUMMARY OF TRANSACTIONS January 20, 1999 General Fund 100.1001.690.003 $350 100.1201.800.000 $4,841 100.1501.690.000 $1,318 100.1501.800.000 $8,400 100.1601.250.000 $1,000 100.1915.301.000 $2,000 100.2001.500.001 $20,000 100.2101.301.003 $4,254 100.2151.1151155 $2,500 100.2151.690.000 $1,500 100.3001.115.000 $1,939 100.3001.699.000 ($1,939) 100.XXXX. 110/155 $159,299 100.281.250 $50,000 100.281.250 $100,000 100.283.206 $4,766 ($60,228) Other Funds 110.120.600 $175,000 206.20XX. 1101155 $4,766 206.281.4766 $4,766 $0 220.4601.1101155 $1,444 250.283.100 $50,000 250.283.100 $100,000 ($150,000) 303.9646.250.000 $1,939 334.4704.250.000 $180 334.4704.690.0(X) $24 ($2o4) 410.6190.110/155 $3,078 575.5801.1101155 $2,486 600.0700.550.0(X) $175,000 600.5001.110/155 $3,139 600.5001.250.000 $2,300 600.5001.685.000 $4,375 600.5001.901.000 $175,000 ($9,814) 612.35XX.110/155 $21,840 650.7420.690.000 $43,748 660.3401.110/155 $11,087 665.31XX. 110/155 $2,166 678.2040.110/155 $8,333 695.61 20.110/155 $5,420 696.1390.110/155 $1,91 5 697.1305.110/155 $8,261 698.2101.800.000 $60,000 800.XXXX. 110/155 $28,251 805.4001.110/155 $127 820.XXXX. 1101155 $12,051 1997 Christmas party music Assistant City Manager operational costs Planning Department computer software Planning Department computer hardware Additional legal costs Additional HVAC and roofing repair 1996197 and 1997/98 booking fee adjustments Fire apparatus bay doors and North Fire Station Maintenance Fire Emergency Services Reimbursement personnel costs Fire Emergency Services Reimbursement operational costs Engineering overtime costs for Perkins Street reconstruction Reimbursement to Engineering for Perkins Street overtime costs MOU changes, other salary and benefit modifications Transfer from Fund 250 reserves for Assistant City Manager Transfer from Fund 250 reserves for MOU changes Transfer to Fund 206 for MOU changes Net change to fund balance Loan to Airport Fund for property purchase MOU changes Transfer from Fund 100 for MOU changes Net change to fund balance MOU changes Transfer to Fund 100 for Assistant City Manager Transfer to Fund 100 for MOU changes Net change to fund balance Transfer from Gas Tax 2105 to provide reimbursement to Engineering Banking charges Banking charges Net change to fund balance MOU changes MOU changes Loan from Fund 110, Special General Fund MOU changes Property appraisal cost Loan interest to June 30, 1999 Purchase of airport property including transaction closing costs Net change to fund balance MOU changes Deposit retum MOU changes MOU changes MOU changes MOU changes MOU changes MOU changes Fire Tower costs during current fiscal year MOU changes MOU changes MOU changes MEMORANDUM DATE: TO: FROM: SUBJECT: January 14, 1999 Honorable Mayor Mastin and Members of City Council Candace Horsley, City Manager Budget Adjustment - Jail Booking Fees The City of Ukiah recently received several bills from the County of Mendocino for additional booking fees for the years 1996/97 and 1997/98. The statements show a bill amount of $65,000 with the City having paid $55,000, for an amount due per year of $10,000, equaling a total of $20,000 remaining unpaid. Retired Police Chief Fred Keplinger had a meeting with a County sub-committee in 1995 regarding booking fees and reported to City Manager Chuck Rough that an agreement had been reached revising the flat fee of $65,000 to $55,000 per year for booking prisoners by the Ukiah Police Department into the County Jail. Evidently, based on the understanding that an agreement had been reached, the City budgeted $55,000 for the next two years for booking fees. We have now received notice that the County of Mendocino does not agree with the $55,000 amount. Upon receiving this information, I contacted the County and told them I needed some time to research this issue as I had not been a part of the original agreements. My investigation of this matter included discussions with members of the original sub- committee that Fred Keplinger met with, documents within the City of Ukiah Police Department, and a records search of County Board of Supervisor meetings. The results were as follows. Sheriff Tuso does not remember any agreement on reducing the booking fees to $55,000 per year. Richard Shoemaker, who participated in the sub-committee, has memory of the discussion to reduce the fees but not that there was a final agreement to revise the fees. In our record search of the Police Department we can find no mention of the meetings or who agreed to the Chief's proposal. In addition, we have completed a records search of the County Board of Supervisor's minutes on any item related to booking fees and though there is a County Board of Supervisor's resolution approving the $65,000, there is no record of their approval of the $55,000 fee. I am sure that Chief Keplinger left the meetings with the understanding that there was a mutual agreement and that it would be taken to the Board for approval. Unfortunately, as there is no evidence of this in writing and it appears that the Board never approved a second agreement, I feel we have no basis to refute the County's request. I am therefore asking for Council's approval of this budget amendment to pay the additional $20,000 to the County to fulfill the $65,000 per year fee for the 1996/97 and 1997/98 years. We also had received a bill for $935 for "additional bookings." I have requested of the County that this be waived due to the fact that all of these funds are unbudgeted and that we do not have records of the bookings. I have also requested to meet with County representatives to discuss booking fees for the coming budget year to assure there are no further misunderstandings, and Chief John Williams will be in attendance. CH:ky 4:Can :Mcc154 PERSONNEL COST CHANGES BY DEPARTMENT AFTER THE OCTOBER '98 MOU INCREASES Attachment #3 Fund/Dept 100.1905 100.1001 100.1101 100.1201 100.1601 100.1910 100.1301 100.1965 100.1501 100.2201 100.1915 100.6001 100.6110 100.6111 100.6112 100.6113 100.6116 100.6114 100.6130 100.3001 100.3110 100.2001 100.2080 100.2002 100.2090 100.2101 100.3150 100.6150 100.3301 206.2006 206.2016 220.4601 250.2101 410.6190 575.5801 600.5001 612.3505 612.3510 612.3580 660.3401 665.3160 665.3180 665.3170 678.2040 Secretarial Pool City Council City Clerk City Manager Personnel City Treasurer Finance Dept Information Systems Planning Building Inspection General Gov't Buildings Community Services/Parks Recreation Youth Basketball Girls Softball Coed Softball Coed Volleyball Day Camp Aquatics Engineering Streets Police Police Task Force Abandoned Vehicle Abatement Police Reserves/Cadets Fire Department Traffic Signals Sun House Museum Corporation Yard COPS Universal Hiring Grant COPS More Grant Parking District OTS Grant Conference Center Vehicle Maintenance Shop Airport Sewer Admin. System Maintenance Treatment Plant Disposal Site Street Cleaning Weed Abatement Leaf & Tree Dispatch Personnel Cost Increase ('Decrease) 3,466.00 5,586.00 - 61,459.00 (2,932.00) 7,063.00 1,528.00 5,808.00 2,031.00 1,646.00 4,424.00 878.00 253.00 43.00 49.00 14.00 233.00 153.00 5,635.00 7,863.00 44,905.00 1,614.00 392.00 - 6,043.00 110.00 1,035.00 - 3,636.00 1,130.00 1,444.00 - 3,078.00 2,486.00 3,139.00 3,068.00 3,598.00 15,174.00 11,087.00 681.00 114.00 1,371.00 8,333.00 Fund Total 159,299.00 4,766.00 1,444.00 3,078.00 2,486.00 3,139.00 21,840.00 11,087.00 2,166.00 8,333.00 PRSNL99B.XLS 1/15/99 Page 1 MOU Costs PERSONNEL COST CHANGES BY DEPARTMENT AFTER THE OCTOBER '98 MOU INCREASES Attachment #3 Personnel Cost Increase Fund/Dept (Decrease) Fund Total 695.6120 Golf 5,420.00 5,420.00 696.1390 Purchasing 1,915.00 1,915.00 697.1305 Billing & Collection 8,261.00 8,261.00 800.3733 Electric Admin. 9,479.00 800.3650 Meters 1,226.00 800.3728 Overhead Maint. 2,986.00 800.3729 Underground Maint. 2,970.00 800.3642 Station Equipment 387.00 800.3646 Underground Projects 7,356.00 800.3765 Interdepartmental 2,607.00 800.5536 Waterways 1,240.00 28,251.00 805.4001 Street Lights 127.00 127.00 820.3901 Water Admin. 2,131.00 820.3908 Pumping 2,890.00 820.3948 Operations & Maint. 5,899.00 820.3960 Meter Reading 1,131.00 12,051.00 Total City of Ukiah 273,663.00 273,663.00 * Lower of adopted budget or personnel cost calculation spreadsheet PRSNL99B.XLS 1/15/99 Page 2 MOU Costs AGENDA SUMMARY ITEM NO. 9c DATE: January 20, 1999 REPORT SUBJECT: APPROVAL OF SETTLEMENT AGREEMENT IN CITIZENS FOR RESPONSIVE GOVERNMENT V. CITY OF UKIAH ET AL This matter will be discussed in Closed Session at the January 20, 1999 meeting. RECOMMENDED ACTION: If action is to be taken, it will be taken after the Closed Session at the January 20, 1999 meeting. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: N/A David Rapport, City Attorney Marie Ulvila, City Clerk Candace Horsley, City Manager Candace Horsle anager