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Home My WebLink About2002-09-04 Packet CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 September 4, 2002 6:30 p.m. RESUME ~5:45-6:15 p.m.- Meet at Gardner Park for Dedication 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS a. September- 30th Birthday of the Ukiah Library b. September- United Way Month M/RC (5-0) M/RC (5-0) As Amended 4. APPROVAL OF MINUTES a. Joint Meeting of City Council and Planning Commission of August 21,2002 b. Regular Meeting of August 21,2002 Mayor Read 5. RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. Mayor Read 6. CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. M/RC (5-0) Approving items a thouqh o of the Consent Calendar: a. Notification to Council Regarding Airport's Acquisition of Zero Emissions Vehicle From Lasher Auto Center of Sacramento in the Amount of $8,891.03 b. Rejection of Claim for Damages Received From John Foster and Referral to Joint Powers Authority, Redwood Empire Municipal Insurance Fund No. 1038 ........ c. Adoption of Ordinance Amending the City of Ukiah's PERS Contract to Add Fourth Level 1959 Survivor Benefits- Police Unit d. Award of Contract to Riley's Striping For Street Striping 2002, Specification No. 02-16 in the Amount of $18,930.56 e. Award of Contract to Granite Construction Company for 2000 STIP Arterial/Collector Rehabilitation, Specification No. 02-15 in the Amount of $527,406.20 f. Award of Contract to Granite Construction Company for 2000 STIP Local Street Rehabilitation, Specification No. 02-14 in the Amount of $367,280.69 g. Award Acquisition of 2-Axle Truck With Dump Body to East Bay Ford Truck Sales in the Amount of $57,625.43 for the Department of Public Works h. Award of Bid for Various Pole and Pad Mount Transformers in the Amount of $55,537.28 to Various Vendors i. Adoption of Resolution Setting the Limitation on City Expenditures for Fiscal Year 2002-2003 j, No.2003-04 ....... k. No.2003-05 ....... I. m, no o. Report of the Acquisition of Autocad 2002 Civil Series From DLT Solutions Inc. In the Amount of $5,139.42 Adoption of Resolution Approving and Authorizing the Execution of Program Supplement Nos. 771 and 772 to Administering Agency - State Agreement For State Funded Projects No. 000049- STIP Rehabilitation Projects Adoption of Resolution Restoring One On-Street Parking Space at 493 Highland Avenue Authorize Execution of Amendment No. 5 to the Agreement with EBA Engineering in an Amount Not to Exceed $44,421.50 for Continuing Soil and Groundwater Plume Definition at the Corporation Yard and Approve Budget Amendment in the Amount of $16,015 Notification of Purchase From the Kaman Co. for One Electronic Bearing Monitor in the Amount of $6,308.45 Approval of Budget Amendment and Report to Council Regarding Purchase of Platform Dump Body from River City Truck and Equipment in the Amount of $6,032.81 Mayor Read 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. Dotie Copeland addressed Council regarding outdoor drying of clothes to save energy. 8. PUBLIC HEARING (7:00 P.M.) a. Continuation of Public Hearing for the DANCO Builders/Shapiro General Plan Amendment and Rezoning Project M/RC (5-0) to continue the Public Hearing and directing Staff to renotice the project when a meeting date is selected 9. UNFINISHED BUSINESS Rec'd Report a. Presentation Regarding Pedestrian Safety b. Approval of Establishment and Participation in the Russian River Watershed Association Mayor Ashiku to attend the meeting of the Russian River Watershed Association 10. NEW BUSINESS a. Consideration of Operation Flags' Request to Display State Street Flags on September 1 1,2002 M/RC (5-0) to grant permission for Operation Flaqs to dis!31ay American flags on State Street on September 11, 2002 b. Discussion and Consideration of Proclamation Declaring September 1 1th a Memorial Day and Funding of Supplies For Memorial Event AI3!3roved a proclamation in memory of the September 11th traqedy and request for $150 tn_ purchase event items Discussed c. Discussion and Prioritization of Goals The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. RESUME d. Discussion and Selection of Councilmembers for League of California Cities Redwood Region Policy Committees Selected Councilmembers Baldwin, Smith, and Larson to various Redwood Reqion Policy Committees e. Selection of Members for the Community Based Organization Grants Program Committee Appointed Councilmembers Baldwin and Libby to the Committee 11. COUNCIL REPORTS 12. CITY MANAGER/CITY CLERK/DIRECTOR REPORTS 13. CLOSED SESSION a. Conference with Labor Negotiator G.C. §54957.6 Employee Negotiations: Misc. PERS Units Labor Negotiator: Candace Horsley, City Manager No Action Taken. b. No Action Taken. Conference with Labor Negotiator G.C. §54957.6 Employee Negotiations: Misc. Unit Memorandum of Understanding Labor Negotiator: Candace Horsley, City Manager 9:20 p.m. 14. ADJOURNMENT CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 September 4, 2002 6:30 p.m. *'5:45-6:15 p.m. - Meet at Gardner Park for Dedication RESUME 1. ROLL CALL 2. PLEDGE OFAI.LEGIANCE 3. PROCLAMATIONS a. September - 30th Birthday of the Ukiah Library b. September- United Way Month As Amended APPROVAL OF MINUTES a. Joint Meeting of City Council and Planning Commission of August 21, 2002 b. Regular Meeting of August 21, 2002 RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the riqht to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civi~ Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. No. 1038 CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. ~ thou h o of the Consent Calendar: a. Notification to Council Regarding Airport's Acquisition of Zero Emissions Vehicle From Lasher Auto Center of Sacramento in the Amount of $8,891.03 b. Rejection of Claim for Damages Received From John Foster and Referral to Joint Powers Authority, Redwood Empire Municipal Insurance Fund ........ c. Adoption of Ordinance Amending the City of Ukiah's PERS Contract to Add Fourth Level 1959 Survivor Benefits - Police Unit d. Award of Contract to Riley's Striping For Street Striping 2002, Specification No. 02-16 in the Amount of $18,930.56 e. Award of Contract to Granite Construction Company for 2000 STIP Arterial/Collector Rehabilitation, Specification No. 02-15 in the Amount of $527,406.20 f. Award of Contract to Granite Construction Company for 2000 STIP Local Street Rehabilitation, Specification No. 02-14 in the Amount of $367,280.69 g. Award Acquisition of 2-Axle Truck With Dump Body to East Bay Ford Truck Sales in the Amount of $57,625.43 for the Department of Public Works h. Award of Bid for Various Pole and Pad Mount Transformers in the Amount of $55,537.28 to Various Vendors i. Adoption of Resolution Setting the Limitation on City Expenditures for Fiscal Year 2002-2003 No.2003-04 ....... k. No.2003-05 ....... j. Report of the Acquisition of Autocad 2002 Civil Series From DLT Solutions Inc. In the Amount of $5,139.42 Adoption of Resolution Approving and Authorizing the Execution of Program Supplement Nos. 771 and 772 to Administering Agency - State Agreement For State Funded Projects No. 000049- STIP Rehabilitation Projects I. Adoption of Resolution Restoring One On-Street Parking Space at 493 Highland Avenue m. Authorize Execution of Amendment No. 5 to the Agreement with EBA Engineering in an Amount Not to Exceed $44,421.50 for Continuing Soil and Groundwater Plume Definition at the Corporation Yard and Approve Budget Amendment in the Amount of $16,015 n. Notification of Purchase From the Kaman Co. for One Electronic Bearing Monitor in the Amount of $6,308.45 o. Approval of Budget Amendment and Report to Council Regarding Purchase of Platform Dump Body from River City Truck and Equipment in the Amount of $6,032.81 Mayor Read 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. Dotie Copeland addressed Council reqarding outdoor drying of clothes to save energy. 8. PUBLIC HEARING (7:00 P.M.) a. Continuation of Public Hearing for the DANCO Builders/Shapiro General Plan Amendment and Rezoning Project M/RC (5-0) to continue the Public Hearing and directing Staff to renotice the project when a meeting date is selected 9. UNFINISHED BUSINESS Rec'd Report a. Presentation Regarding Pedestrian Safety b. Approval of Establishment and Participation in the Russian River Watershed Association Mayor Ashiku to attend the meeting of the Russian River Watershed Association 10. NEW BUSINESS a. Consideration of Operation Flags' Request to Display State Street Flags on September 11,2002 M/RC (5-0) to grant permission for Operation Flags to display American flags on State Street on September 11, 2002 b. Discussion and Consideration of Proclamation Declaring September 11th a Memorial Day and Funding of Supplies For Memorial Event Approved a proclamation in memory of the September 11th tragedy and request for $150 to purchase event items Discussed c. Discussion and Prioritization of Goals The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. RESUME d. Discussion and Selection of Councilmembers for League of California Cities Redwood Region Policy Committees Selected Councilmembers Baldwin, Smith, and Larson to various Redwood Region Policy Committees e. Selection of Members for the Community Based Organization Grants Program Committee Appointed Councilmembers Baldwin and Libby to the Committee 11. COUNCIL REPORTS 12. CITY MANAGER/CITY CLERK/DIRECTOR REPORTS 13. CLOSED SESSION a. Conference with Labor Negotiator G.C. §54957.6 Employee Negotiations: Misc. PERS Units Labor Negotiator: Candace Horsley, City Manager No Action Taken. ba No Action Taken. Conference with Labor Negotiator G.C. §54957.6 Employee Negotiations: Misc. Unit Memorandum of Understanding Labor Negotiator: Candace Horsley, City Manager 9:20 p.m. 14. ADJOURNMENT CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 September 4, 2002 6:30 p.m. *'5:45-6:15 p.m.- Meet at Gardner Park for Dedication 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS a. September- 30th Birthday of the Ukiah Library b. September- United Way Month 4. APPROVAL OF MINUTES a. Joint Meeting of City Council and Planning Commission of August 21,2002 b. Regular Meeting of August 21,2002 SI RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time.within which the decision of the City Boards and Agencies may be judicially challenged. 1 CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Notification to Council Regarding Airport's Acquisition of Zero Emissions Vehicle From Lasher Auto Center of Sacramento in the Amount of $8,891.03 b. Rejection of Claim for Damages Received From John Foster and Referral to Joint Powers Authority, Redwood Empire Municipal Insurance Fund c. Adoption of Ordinance Amending the City of Ukiah's PERS Contract to Add Fourth Level 1959 Survivor Benefits - Police Unit d. Award of Contract to Riley's Striping For Street Striping 2002, Specification No. 02-16 in the Amount of $18,930.56 e. Award of Contract to Granite Construction Company for 2000 STIP Arterial/Collector Rehabilitation, Specification No. 02-15 in the Amount of $527,406.20 f. Award of Contract to Granite Construction Company for 2000 STIP Local Street Rehabilitation, Specification No. 02-14 in the Amount of $367,280.69 g. Award Acquisition of 2-Axle Truck With Dump Body to East Bay Ford Truck Sales in the Amount of $57,625.43 for the Department of Public Works h. Award of Bid for Various Pole and Pad Mount Transformers in the Amount of $55,537.28 to Various Vendors i. Adoption of Resolution Setting the Limitation on City Expenditures for Fiscal Year 2002-2003 j. Report of the Acquisition of Autocad 2002 Civic Series From DLT Solutions Inc. In the Amount of $5,139.42 k. Adoption of Resolution Approving and Authorizing the Execution of Program Supplement Nos. 771 and 772 to Administering Agency - State Agreement For State Funded Projects No. 000049- STIP Rehabilitation Projects I. Adoption of Resolution Restoring One On-Street Parking Space at 493 Highland Avenue m. Authorize Execution of Amendment No. 5 to the Agreement with EBA Engineering in an Amount Not to Exceed $44,421.50 for Continuing Soil and Groundwater Plume Definition at the Corporation Yard and Approve Budget Amendment in the Amount of $16,015 n. Notification of Purchase From the Kaman Co. for One Electronic Bearing Monitor in the Amount of $6,308.45 o. Approval of Budget Amendment and Report to Council Regarding Purchase of Platform Dump Body from River City Truck and Equipment in the Amount of $6,032.81 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. al PUBLIC HEARING (7:00 P.M.) a. Continuation of Public Hearing for the DANCO Builders/Shapiro General Plan Amendment and Rezoning Project 1 UNFINISHED BUSINESS a. Presentation Regarding Pedestrian Safety b. Approval of Establishment and Participation in the Russian River Watershed Association 10. NEW BUSINESS a. Consideration of Operation Flags' Request to Display State Street Flags on September 11, 2002 b. Discussion and Consideration of Proclamation Declaring September 11th a Memorial Day and Funding of Supplies For Memorial Event c. Discussion and Prioritization of Goals d. Discussion and Selection of Councilmembers for League of California Cities Redwood Region Policy Committees e. Selection of Members for the Community Based Organization Grants Program Committee 11. COUNCIL REPORTS 12. CITY MANAGER/CITY CLERK/DIRECTOR REPORT~_ 13. CLOSED SESSION a. Conference with Labor Negotiator G.C. §54957.6 Employee Negotiations: Misc. PERS Units Labor Negotiator: Candace Horsley, City Manager b. Conference with Labor Negotiator G.C. §54957.~ Employee Negotiations: Misc. Unit Memorandum of Understanding Labor Negotiator: Candace Horsley, City Manager 14. ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. V~IERF~S, h'braries pro~de unique opportunin'es for educan'on, expansion of one's inner souI, romantic adventures, mind bending m?steries~ and soothing interIudes~ and serve as community gathering pIaces~' and WHERE~tS~ a library has been a s~ni~'cant /~xture in Uln'ah since 190~ operating/rom only three locao'ons over this long and glorious tenure, t~'rst ln an upstairs room, then for $8 years in the Carnegqe Foundan'on funded structure~ and most recently in its present locate'on at Perkins and Main Stree~° and ~VttEREAS, this downtown locan'on has enhanced the quality o/life o/the greater Llkiah Valley and has served as a stable cornerstone to the community,, and ~VttEREAS, the facillty is the culnzinan'on o/a joint e/fort by the County of Mendocino and the City of Uklah which began in 1968 u4th the merger of the two libraries and the construcn'on o£ the present structure~, and Vv~HEREAS, the library conn'n ues as a joint effort u4th the land and groun~ maintenance pro~fded by the City and stat~'ng/day to day operations supplied by the County,. and V~IEREA S, ~thyor Ralph Buxton presen ted the building constructed u4th City and Federal funo~ to County Board of Super~fsor Chairman Ernest Banker at the October 21~ 1972 dedican'on, after public ser~fces had been initiated on September 11~ 1972. NO V~, THEREFORE I, Phillip Ashiku, Mayor of the City of U~'ah, on behalf of m? fellow City Councilmembers, Phil Baldu4n, Kathy Libby, Roy Strdth, andE~c Larson do herebyproclaim September 14, 2002 as the 30th BIRTHDAY017 THE. UKIAH LIBRARY and encourage alIresidents of this community to share in the fesn'~'n'es planned for the celebran'on and congratulate the sta~, volunteem~ and community for their dedican'on to seeing this facility prosper over these many years. Date: September 4, 2002 Philh'p Ashiku, Mayor PROCLAM T][ON WHEREAS, United Way has now reached its 11 Sth year of caring for those less fortunate than ourselves and working toward building strong, healthy communities; and WHEREAS, United Way, Sonoma-Mendocino-Lake is primarily a group of volunteers from our own three-County community; and WHEREAS, a significant effort of United Way is the annual "Day of Caring" involving volunteers in "hands on" projects to assist the non-profit organizations within our community; and WHEREAS, the City Council of the City of Ukiah wishes to congratulate United Way, Sonoma-Mendocino-Lake for its past endeavors and wishes it well in the current drive for funds to continue and even add to those charitable institutions it assists in our community. NOW, THEREFORE, I, PhilIip Ashiku, Mayor of the City of Ukiah, on behalf of my fellow City Councilmembers, Phil Baldwin, Kathy Libby, Roy Smith, and Eric Larson, do hereby proclaim September 2002, as UMTED WA Y MONTH IN THE CITY OF UKIAH WHEREAS, contributions given by Iocal people through United Way, Sonoma- Mendocino-Lake help local people through organizations such as: The American Red Cross, Big Brothers Big Sisters of Mendocino County, The Greater Ukiah Senior Center, Willits Seniors, Inc., People for People Ombudsman, Project Sanctuary, The Ford Street Project, Mendocino Family and Youth, North Coast Opportunities, Plowshares, Willits Community Services and Food Bank, Community Care Management, and The Ukiah Community Center; and WHEREAS, the City of Ukiah employees continue to generously support United Way, having contributed nearly $3, 700 in 2001; and and urge support from every citizen, to the extent possible, for this campaign, its volunteer workers, agencies, and programs. Phillip Ashiku, Mayor Dated: Septem; 2002 MINUTES OF THE UKIAH CITY COUNCIL AND PLANNING COMMISSION SPECIAL JOINT MEETING WEDNESDAY, AUGUST 21, 2002 The Ukiah City Council met at a Special Joint Meeting with the Planning August 21, 2002, the notice for which had been legally noticed and post~ in the Civic Center Council Chambers, 300 Seminary Avenue, U was taken and the following Councilmembers were present: Baldwin, and Mayor Ashiku. Planning Commissioners present: Wallen, Correll, and Chairman Chiles. Staff present: Assistant City Manager Horsley, Associate Planner II Lohse, Associat~ Director Stump, and City Clerk Ulvila. Roll n, NEW BUSINESS 1. General Plan Implementation: Annual R~ Director Stump advised the Status Report p~ 1999 details the current status of each City General Plan. The document contains nearly 500 in' that some of the short-term measures have expired. and Planning Commission formulate possible priority last revised in late implementing the measures. He noted the City Council )n. 2. Housing: Infill and tall~ There was a round-table di Staff, and audience comm~ use issues facing the community. frastructure Commission, City ~ most pressing land housing included: * The Housing Element update the critical items and annexal order to have future d( m~ as the City considers ould also look at annexation in * En~ affordal develo within the City of Ukiah. * Addressing congestion in high-density residential areas. th [he comm~ Taskforce to address housing, water and sewer acture was noted and that when the City considers important to look at all services offered by the City. It is important to from projects on the existing infrastructure, such as streets. There on mixed-use projects in the City limits. have a good working relationship with the County when considering Special Joint Meeting of City Council and Planning Commission August 21,2002 Page 1 of 4 * It was noted by staff that more opportunities are available for residential development in commercial zones for mixed-use projects. It was noted that the new fee schedule offers reduced fees for affordable housing projects. '" * It was noted that approximately 200 new housing units have been const City in recent years and further development and housing objectives changes in density in order to accomplish the City's objective of in, base. ,ed majc .......... g * There was discussion regarding the City changing its poll annexation. The current policy is for the City to respond to ests it could be changed so that the City would pursue ann~ on its The City should look at what is motivating an annexati that the City would need to provide. It was noted that very little e to the City would be derive from annexing residential areas. · .............. ,:.~:~:~ * The Ukiah Valley Area Plan (UVAP) development. There was a great deal of support for projects. housing * There was discussion concerning the difficulty in pursue development when opposed to the ~erty owner to * Concern for traffic conge,, areas. * The General Plan should h; "cluster housing" and the use of the of using sewage treatment and ho~ encourage hi~ ~, environme~ aesthetically. ~.stered housi~ to find a encouragement of ". There was a suggestion system as leverage to d, 3pments that are designed increased visibility and the City needs hillsi~ density for is a dation that th, develop a blue line for development on ~wer density at higher elevation and a higher s the visibility issue. was di ;ion about setting a realistic cap on the City's resources and ision in the General Plan. * Anne must look: Influence. is one for its keys to planning for expansion to include housing. The City ist interest and have direct control over the City's Sphere of It was ti sus of most members present that a good working relationship with necessary, whether or not the City plans to annex. The City should g with the County with regard to land use issues. Special Joint Meeting of City Council and Planning Commission August 21,2002 Page 2 of 4 * There was discussion concerning building second units. * Discussion of new units being similar to existing units to allow for consist~ development. of * Planning Director Stump referred to a letter received today from questions concerning annexations and water service. * There was discussion of how housing is always an issue come to the area. It was noted that annexation would provide the~ developments. to * It was noted that other communities have recommendation was made that Staff provide and City Council with regard to what other cities h these issues. A of situation. Ana Araiza, 781 Cindee Drive, noted that th~ freeway exit north of Perkins Street in order to relieve inquired as to its status. to add another on Gobbi Street. She Staff advised that the concept of on the west side of the many at the current time. Paul Andersen, 309 Jones and discussed a recent article in growth. was discussed was o to be located there were too g infill development dealing with increased Lorie Leaf, the opinion western hi the second City should I witho, infill is more important than developing the with regard to development of the possibility of detached bedrooms John Laz; own land cont with re~ not int~ d( ~t. He nc h, e long t opportunit kiah, advised that he has several clients who the City's boundaries and they are very interested in the City's 3n and development. One client owns 60-70 acres and if ~r property, they would approach the county with regard to the property is currently used for agricultural purposes, would be difficult to farm the land. His client is looking at all m Cod, Developing a Philosophy Di= don of ways to improve the City Council-Planning Commission relationship of the members presented voiced their opinion for a daylong workshop with ~ing Commission and City Council so that more issues could be discussed. It Special Joint Meeting of City Council and Planning Commission August 21,2002 Page 3 of 4 was also suggested that another joint meeting be scheduled after the November election when the new Council would be seated. * It was noted that some cities have power lunches between a a couple Councilmembers so that the Councilmembers would understanding of what is going on with the Planning Commission. * There was discussion concerning politics entering into Council, whereas most Planning Commissioners vote according issues. The matter of the City Council overturning decisions Commission was also discussed. It was also noted that Commission decisions have come before Council. * Mention was made that Council needs to be it was recommended that they attend the the tn of Plann more on land use law. And~i~ii ii'i?::=:' ..... * It was the general consensus of those City Council should continue to meet and develop General Plan and develop a strategy to address issues. 5. Adjournment to Re, There being no further Council Meeting at ,ouncil meeting was Commission and philosophy towards the at 6:30 p.m. Marie Ulvila, City Clerk Special Joint Meeting of City Council and Planning Commission August 21,2002 Page 4 of 4 MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, AUGUST 21, 2002 The Ukiah City Council met at a Regular Meeting on August 21, 2002, the had been legally noticed and posted, at 6:40 p.m. in the Civic Center Co~ 300 Seminary Avenue, Ukiah, California. Roll was taken a Councilmembers were present: Larson, Smith, Libby, Baldwin, present: Customer Services Supervisor Archibald, Public Utilities Captain Dewey, Finance Director Elton, Assistant City Manager Plant Supervisor Jamison, City Attorney Rapport, and City Clerk Ulvi 2. PLEDGE OF ALLEGIANCE Everyone recited the Pledge of Allegiance. ~hich Staff Police 3. PRESENTATION 3a. Presentation by Barbara Eversole Re Use Barbara Eversole, Ukiah, addressed Coun~ train depot on Perkins Street. She proposed that of Commerce work in conjunction with the Senior Bridges from the railroad and he is supportive of the propo,, Building_ a visitor center in the the Greater Ukiah Chamber She has contacted Mr. Max After some discussion concer proposal, it was the conse~ support for the project to of the ,r the City Ma ~nd Mrs. Eversole's to prepare a letter of 4. APPROVAL OF MINUTES 4a. Adjourned Regular Meetin¢ M/S Libby/Lars~ carried by th, NI : of August 7, 2002, as presented, S: Councilmembers Larson, Libby, and Baldwin. Mayor Ashiku. ABSENT: None. 1 Ma) 6. CON,~ DAR )roving items a through c of the Consent Calendar as follows: s for the Month of July 2002; es Received From Diane Paget and Referred to Joint Empire Municipal Insurance Fund; ion to the City Council Regarding the Purchase of An Air From Air Solutions Group for the Sum of $5,045.96. by unanimous consensus of Council. COMMENTS ON NON-AGENDA ITEMS forward to address Council. Si UNFINISHED BUSINESS Regular City Council Meeting August 21,2002 Page 1 of 6 8a. Discussion and Possible Revision to Ukiah C.A.R.E.S. Program Customer Service Supervisor Archibald advised that the semi-annual update for the Public Benefit Fund was presented to Council last month. At that time, Council requested that staff return with projected costs for possible changes in benefits and other ~ses for Ukiah C.A.R.E.S. The changes to be considered at this meeting include sing monthly discounts for eligible families from the current credit of $14.45 to Increasing monthly discounts for eligible senior households from Increasing the amount devoted to advertising the program from $1 0 per year, and 4) Increasing the Income Guidelines for program eligibility. She noted that staff would also like Council to consider and d toward the Energy Conservation Rebate Incentive expected to be finalized in the fall. ling Discussion followed with regard to the Income potential costs for implementing changes, programs. It was noted that a future Council m difficult to anticipate what would happen programs was encouraged. Guidelines, four Scenario utilization of funds f6~?all ifficulties and it would be · Marketing the M/S Baldwin/Libby to increase the marketing allotment b, ~00 Scenario #3. Discussion followed with dealing with these types community was deemed bulbs that would provide long-term resources and provide awareness, the Photovoltaic Program, there is th proved popular ~ding increase fund ion and the hiring of need for 'ogram if that that all projE ;ned. ef, and with expertise in ~mmunication to the ~volved changing out light programs to conserve h $50,000 is set-aside for could be used if the program There would then be a need to Councill ibers and Libby on on a Iow, in~ benefit the proposed Scenario would have ~ncome, while the cost of living continues to Motion faile¢ NOES None. ss by the following roll call vote: AYES: Councilmembers Libby and ncilmembers Larson, Smith, and Mayor Ashiku. ABSTAIN' None. Scenario #2 and to increase the marketing of the program by an 000: concerning the motion and comparing the various scenarios. by the following roll call vote: AYES: Councilmembers Larson, Smith, , and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. Regular City Council Meeting August 21,2002 Page 2 of 6 City Manager Horsley advised that Staff would report to Council concerning these programs especially with regard to marketing and conservation programs once they are up and running. Councilmember Baldwin thanked staff for the readily understandable report. 9. NEW BUSINESS 9a. Approval of Letter of Response to the Grand Jury City Manager Horsley advised that the City Council received a the Grand Jury for their 2001-2002 Report. The response Mentally III-A New Approach to Crisis Services" and "Domesti~ Orders". Staff is requesting Council approval of the City's ,onse Staff Report. ~lence M/S Larson/Baldwin approving the City's information. Motion carried by unanimous voice from "The ,ing ...... ~::::~!~!ii~ii?:?:' 's re ue to the Grant Jury q . NEW BUSINESS Discussion of Water Issues and Possible City Manager Horsley advised that due to the com Russian River water in Mendocino County, a second stat~ is being presented for Council that following Council direction. residents to clarify the ' The topics were categorizecl 1. Amount of water available City Manager Horsley advised of reduction in flow Lake Pillsbury~' However, Water Ag M; n essence, it on the 7 Section 7 flows Mendoci; Ru,, Mend°cino. finalized. ;tion the various issues regarding water topics recommended sent to the City's In. newspaper noted a current er is coming into Lake Mendocino. is continuing to let higher flows leave Lake indicator of one possible scenario based are being performed to determine the If they go back to dry year scenarios for the ;n there would be less water coming out of Lake to Council as the Section 7 studies are of of Ukiah has under permitted rights. er Hors ained that the Russian River Flood Control District has ts to 8,0! 'e-feet of Lake Mendocino water. The City of Ukiah is entitled to ht and in addition holds it's own permit for 20 cfs of Russian River r. Under the current conditions, the City of Ukiah has enough water as far as In a very dry critical year, the City would be depending more on the Flood and what's being released out of the lake, as the underflow water may be a drought year. h~ Rapport explained that the City has a priority date of 1956 so anyone that ~igher priority date than we do would have a right to take water before us. He noted Regular City Council Meeting August 21,2002 Page 3 of 6 that to represent the interest of Ukiah citizens, the City should maximize their rights against everyone else's. City Manager Horsley advised the Inland Water and Power Commission an raising Coyote Dam. Once this process is initiated, it is estimated the 20 years. Another proposal is being made by Redwood Valley Water Distr Eel River water diversions during the winter and that it be stored for use She advised that she has asked the consultant to speak to the City proposal and provide more information in September. :ussing )e larding this 3. City water availability and reserves City Manager Horsley explained that several weeks ago and dramatic increase in water usage over an eight-hou in temperature. In response, we suspended all City irrigation users to refrain from watering, as well obtained additional water from Millview Water Di public responded quickly and the water levels City idents. and asked other the next day. She advised that the City has recorded production determine when additional capacity would be needed. retained to design additional production capacity that will p plant during high production Is. additional storage will be const level of assurance during th~ obtained Layne Christen~ water availability problem. for the last 20 years to ineering specialist has been for the treatment 'nillion gallons of to provide a greater The City has also possible solutions to the Councilmember Larson was of problems than th, ;ues that may to inform the happens the City in place is facing more immediate 9d for 20 years. He felt it important 'the City encounter's a problem, and inquired if indicate a certain stage of alert. City ca a similar si capacity of lem. lained that th{ ,'s average daily water use is very close to our other very hot days we could potentially be in ps to increase the reservoir space, increase the and drawing more water in because of the river dropping has been a Dire~ the they were off again. now, they the Ranney Collector was rehabilitated this year because rate off considerably. When they did some initial test pumps, ,., about the results but once it was finished, the production fell back ~d to discuss problems with production. Based on what they know :recommend that the water production portion of the plan be moved forward. b~ lan Water Treatment Plant Supervisor, discussed the City's water levels and at it is a rare occurrence for the City to get water from Millview Water District we usually supply them with water. Regular City Council Meeting August 21,2002 Page 4 of 6 Councilmember Libby discussed the recent water shortage crisis and notifying customers in the newspaper or on the radio. Large water users within the City limits were discussed. Councilmember Baldwin inquired if there is any way to determine whetl or not extraction of water from Gibson Creek during the summer or significant increa on the hillsides would impact the City's 2 million gallons per day that we 's wells. Supervisor Jamison discussed the City's various wells. He fu City were only able to use three wells during the summer months that check dams be installed in the river starting a few miles south and have them brought up a foot or so at a time. This w. and will bring the water level over the laterals. bed if the ~ended ctor City Manager Horsley explained that under St the river without going through the reviews an~ consuming. She explained that the process temperature, turbidity, or flow. All of these fat this sort. e besides gravel, silt, in a study of Mary Lindley, Ukiah, felt more education should be prov conservation and the possibility uding that information with regard to g. Paul Andersen, noted that there are a lot of ote conservati !rams reclaiming water. He could access. Director Barnes advised that the for the wastewater treatment plant water at the treatment included relat storage, and ,n proje~ was includi issues. an evaluation of the proposals ability to produce reclaimed in the RFP, however it was not Council :ommended c~ in tht sense conservation measures be included Councilme there would ;d that footnotes be included in the newsletter so for those wishing to learn more about specific programs. of the newsletter related to conservation in a simplified 'red to the previous agenda item concerning the Grand Jury and in the City's response regarding the domestic violence restraining protective orders issued by the courts. Horsley explained that the points Ms. Araiza referenced were contained in the Grand Jury. The City's response to their letter makes those corrections. CIL REPORTS Regular City Council Meeting August 21,2002 Page 5 of 6 Councilmember Larson reported attended the water forum and the Ukiah Players 25 year celebration. He also attended the Sunday in the Park sponsor recognition dinner. He's been very active with the Ukiah Senior Center and there is a pending transaction that would take the Center out of debt. Councilmember Smith reported that the Main Street Board had an California Main Street Program. The report encouraged them to use th~ additional general support from other funding sources. At the Main Board meeting a notice was sent to recruit people to serve on which he listed. le rt and ram's last He explained that he attended the Concert in the Park spon; NCPA meeting is to be held tonight and tomorrow in Mu~ attend. The NCPA annual conference is scheduled for He noted provided the City Manager with ph, reference. but not be al in Monterey ..... ::,,~,:~:~,~,,?:??~, .... park in Washingt°i~!i!i:/i~Or~:':'~:~':~"~:":'~' Councilmember Libby reported attending the watE Game, and marine fisheries kept emphasizing how landowners for permitting of water. noted that the Fish and are willing to work with .. Mayor Ashiku reported that h skateboard parks, noting the north and visited m; MRSU and a number of 11. CITY MAN City Manager Horsley inquired if remembrance of the events that haPl 1, 2001. in a short service in Discussion 'egard to was could work ocal organizations holding remembrance and it on the matter. City ,ided a letter ti submitted by Mr. William French, Jr. City Clerk two seats on ti sed the ordE lice will b~ dates are running for Mayor and five candidates for Council in the November election. The Secretary of State's office has candidates' names will be listed on the ballot. She will submit a this information to the public. 12. None. 13. There bein further business, the City Council meeting was adjourned at 8:25 p.m. City Clerk Regular City Council Meeting August 21,2002 Page 6 of 6 ITEM NO. 6a DATE: SEPTEMBER 4, 2002 AGENDA SUMMARY REPORT SUBJECT: NOTIFICATION TO COUNCIL REGARDING AIRPORT'S ACQUISITION OF ZERO EMISSIONS VEHICLE FROM LASHER AUTO CENTER OF SACRAMENTO IN THE AMOUNT OF $8,891.03. Pursuant to Ukiah City Code Section 1522 A3, this notice is provided to the City Council regarding acquisition of products or services between $5,000 and $10,000. The Ukiah Regional Airport, in an effort to conserve energy has purchased a Zero Emissions Vehicle (ZEV) for use on the airport and for in town transportation. Staff issued a Request for Proposals (RFP) to 12 area vehicle dealers for a ZEV. The successful respondent was Lasher Auto Center of Sacramento. The purchase price of the vehicle is $8,891.03. Funding for the purchase is included in the adopted 2002/2003 budget. RECOMMENDED ACTION: Receive Report Regarding Airport Acquisition Of Zero Emissions Vehicle in the amount of $8,891.03. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Direct Staff to seek additional proposals. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Airport Commission N/A Don Bua, Airport Manager Candace Horsley, City Manager and Nora Kennedy, Purchasing Supervisor. 1. Proposal from responding dealers. 2. Request for Proposals. m,~:asrcc02 Can--dace Horsley, CitY/Manager ZEVpurchase TO: LASHER AUTO CENTER Fleet Department 5800 Florin Road Sacramento, CA 95823 I0c Ser~ ~ ,: ry ,z v,~ ~ e Phone 7( 7~ 53~! I~ ~ax "0 '~3 6 !34 ~X :;OFI~S ~CCEETED ~E'TUEN THIS FO~ ~'S IS NOT ~ O~ER DATE: 7/22/02 'I~_.Q. NO. '"E 2201'2 BIDS WILL BE RE, C~ ~ 1:30 p.m. Aupst 5, 2002 AT THE OFFICE OF THE PURCHASING AGENT, CITY of UIOAH BY: Nora Kennedy TO: F.O.B. UKIAH )iL. DATE: '/'~,,,~" ~0 C~, J' ' TERMS: i. Right is reserved to reject any and ali bids. 2. Right is reserved to accept separate items unless specifically denied by bidder. 3. Right is reserved to reject a quote from any bidder who has previously failed to perform edequatob ~ the Cay of Uk~ah. 4. In CASE OF DEFAULT, the City of Uldah may procure the items quoted on from other sources and hold the original bidder liable for any increased costs. 5. The price, terms, delivery point, and delivery date may individually or collectively be the basis of the awarding of the bid. 6. ALL OUOTATIONS MUST BE SIGNED. OPENING DATE and TIME "MUST" be prominently displayed on submitting envelope. 7. In submitting the above, the vendor agrees that the acceptance of any or all quotations . by the City of Uktah, within 30 days constitutes a contract. ii i ii I II :0: CITY of UKIAH 300 Seminary Avenue Ukblh CA. ~5482 Phone 70T-463-6233 Fax 707-463.6234 ......... FAX COPIF'~ 'ACCEPTE'D' ..... ~rU~N TInS ~0~ THIS IS NOT AN ORDER SANTA ROSA CHRYSLER JEEP 955 Santa Rosa Avenue Santa Rosa, CA 95054 IUOTAT[ON$ ARE REQUF~TED FOR THE FOLLOWINO ITEMS: ~ , ...................... ' ' Ill 4LI~ 9UOTAl~O ~T8 ~u~Trrv -F .....'" ........................ .i ,, , , ,,~ , D]SSCm~[O~- ' .... ' '~" · 1' ] our Passenger Zero En-.;-nissions Vehicle as per aruaChed City- ' ' l of Ukiah specifications, IIfyou have questions, please contact: Don Bua at 707-46%2855 / ..~-'"'",,,' C o ~fZ:.'t' / /~ u m t,, e~ ~Cc.. DATE: 7/22/02 R~,Q. NO. ' E 22012 ...... .1 . _ IL. ' i i i , , i .i i.i m:ae p.~ ~ug~t ~, 2002 IAG~T. CI~ oFUKJAH JBY: N~ ~ i I i , Sales Tax: _ · TOTAL:" IFC/-- 2. Right is reserved to accept s~pamte items unless specifically denied by bidder. 3, Right ia reserved to reject a quote from an), bidder who has prevtou~ failed to perform 4. In CASE OF DEFAULT, the City of Ukiah may pn3cure the Items qu~ed on from Differ Source~ and hold the original bidder liable for any Increased costS. !$. The price, terms, delivery point, and delivery date ma3, individually or collectively be the basis of the awarding of the bid. 6. ALL QUOTATIONS MUST BE SIGNED. OPi~NING DATE and TIME 'MUST" be pr0minently dlsplaye~on submitting envelope. 7. In submitting the above, the vel~lor egress [hat the a~s of any or all quotatioas by the City of Ukiah, within 30 days constitutes a con~ract. ..... , ~ _ I I I [ i IlL I T I I III I J _ II ii i · -I TO: tO~ $~nim ry f.v:~ u~ t kiah C, ~. 5 ~.i~ 2 PI on~ 7~ ~7-463~23 ~ ~x 70 ~ 63 ~ ~34 I ' m 3 r' vcr quo II , I I I I ~:,~~ I FAX COPIES AC ,El'TEE RETURN THIS FORM IH[S ~ NOT ~ UKIAH DODGE-CHRYSLER-PLYMOUTH INC. 2500 North State Street Ukiah, CA 95482 iiii DATE: 7/22/02 P. EQ. NO.' _.E_ ..2.2012 ' " 1:30 p.m. Augmt ~, 2002 AT THE 'OFFICE OF ~ ptJR~ING "' AGENT. CITY of UKIAH BY: Nora Kennedy · qUOTATIONS ARE ,R~Q~ ?0R'~, FOLLOV~NO ITIi,M,S,,: ,, ~LL QUOTA,TIONS, SHukL~ ~ ~0~ ~ ~. qu~~ DESC~TION I u~ 1 Po~ P~ng~ ~o ~iom Ve~cle ~ ~ a~d Ci~ - i~ce: of~ ~c~o~. ISles T~: ITOT : . ~you ~ve question, ple~e conact: Don B~ at 707~67-2855 TOTAL I I /o,..g.v p. _ .eooo, 1. Right is reserved to reject any and all bids. 2. Right is reserved to accept separate Items unless specifically denied by bidder. 3. Right is reserved to reject a quote from any bidder wh~ has previously failed to perform adequately for Ihe City of Ukish. 4. In CASE OF DEFAULT, the City of Ukiah may procure the items quoted on from oltier sources and hold the original bidder liable for any increased costs. 5. The pdce, terms, delivery point, and delivery date may Individually or collectively be the basis of the awarding of the bid. 6. ALL QUOTATIONS MUST BE SIGNED. OPENING DATE and TIME "MUST' be prominently displayed on submitting envelope. 7. In submitting the above, the vendor agrees that the acceptance of any or all quotations by, the city of Uldah, wi,thin 30 daYS constitutes, contracL i i ii I iiii ' i ii i i I i UkiahDodge Chrysler Plymouth Jeep .. 2500 North State Street · Ukiah, California 9S482 (70'7) 462-2948 ,. 1-800-998-9933 · Fax (707) 4.62-8453 TO: ill ~0~ Seminl ry .~ v:l P~one 7( 7-463-623 ~ ?ax 70~63,.62~ ~QtJEST FOR QUOTATION r eturN orm I'~ IS NOT ~N O~ER UKIAH DODGE-CHRYSLER. PLYMOUTH INC. 2500 North State Street Ukiah, CA 95482 DATE: 7/22/02 R~Q. NO. E'22012 ' [DS ' !:30 p.m. August 5, 2002 AT ~ O~Fi~ OF ~ P~~~G AGE~. C~Y of~ BY: Nora K~ C. a.D )]E~'DA~: I]DDEI~ IY: ~hOl~: :ax: ~ATE: !of Ukiah specifications. If you have questions, please contact: Don Bua at 707-467-2855 , , , F.O.B. UKIAH TERMS: Sales Tax: TO?ALi i._ 1. Right is reserved to reject any and all bids. 2. Right is reserved to aCCept separate items unless spedfically denied by bidder. 3. Right is resm~ed to reject a quote from any bidder who has previously failed to perform adequately for the City of Ukiah. 4. in CASE OF DEFAULT, the City of Ukiah may procure the items quoted oo from other sources and hold the original bidder liable for any increased costs. 5. The price, terms, delivery point, and delivery date may individuNly or collectively be the basis of the awarding of the bid. 6. ALL QUOTATIONS MUST BE SIGNED. OPENING DATE and TIME 'MUST' be prominently displayed on submitting envelope. 7. In submitting the above, the vendor agrees that the acceptance of any or alt quotations by the Cit~,, of Uldah. within 30 days constit ,utes a contract. I i I I i- ~))C ~.OP~,: ~ ,~CC~ RETURN THIS FORM Tg~S I$ NOT AN ORDF.~ ALBERA BROS. CHRYSLER JEEP 2860 16th Street San Francisco, 94103 ~TI,,~,_ '.I~OJ. LOWTNO ms: CITY OF UKIAH AUTOMOTIVE EQUIPMENT SPECIFICATIONS FOR ONE ZERO EMMISSIONS VEHICLE JULY 2002 The City of Ukiah invites proposals for fumishing one (1) new 2002 or 2003 zero emissions vehicle. The following specifications shall be considered minimum. All deviations from these specifications shall be described in the bid proposal. There will be no trade- ins involved in this bid. ,4, PAS,S, ENGER,ZE, RO EMMISSlONS VEHICLE Rating:G.V.W. rating shall be not less than 2,100 lbs. This unit will be used as an airport service vehicle and utility passenger transport requiting maximum G.V.W. rating, and ali equipment which is set out in the manufacturer's printed literature as being mandatory or which is suggested in order to meet these operating conditions and comply with the stated G.V.W.R. shall be furnished. Motor: Electric, 72 volt shunt GE motor. Frame: Wheelbase- 126.5 inch minimum. Transmission: Front-wheel ddve, direct coupled Dana Spicer differential. Pay Load: 820 lbs. capacity minimum. Tires: Single front, and rear- 12 inch two ply street rated minimum. Cab and Accessories: Standard with vinyl seats, scuff guards, rigid side curtains, swivel trunk, front bumper, accessory plug. Brakes: 4 Wheel Hydraulic. Exterior Color: White / Yellow Interior Color: Standard color Batteries: Six industrial 12-voit deep cycle batteries. Battery Charger: 72 voit on board charger with charge status LED using 110 volt AC current. Ddving Range: 35 miles Other: Owners / operators manual including required maintenance schedule. ITEM NO. 6b DATE: SEPTEMBER 4, 2002 AGENDA SUMMARY REPORT SUBJECT: REJECTION OF CLAIM FOR DAMAGES RECEIVED FROM JOHN FOSTER AND REFERRAL TO JOINT POWERS AUTHORITY, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND The claim from John R. Foster was received by the City of Ukiah on August 20, 2002 and alleges damages related to a grass fire at 1061 Cunningham on August 7, 2002. Pursuant to City policy, it is recommended the City Council reject the claim as stated and refer it to the Redwood Empire Municipal Insurance Fund (REMIF). RECOMMENDED ACTION: Reject Claim For Damages Received From John R. Foster And Refer It To The Joint Powers Authority, Redwood Empire Municipal Insurance Fund. ALTERNATIVE COUNCIL POLICY OPTIONS: Alternative action not advised by the City's Risk Manager. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Yes Claimant Michael F. Harris, Risk Manager/Budget Officer~ ,~)~.~,....._ Candace Horsley, City Manager 1. Claim of John Foster, pages 1-2. APPROVED: mfh :asrcc02 0807CLAIM Candace Hor~ley,-City~ Manager NOTICE OF CLAIM AGAINST THE CITY OF UKIAH, CALl This claim must be presented, as prescribed by Parts 3 and 4 of Division 3.6, of State o£ 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 AUG 2 0 2002 CITY OF UKIAH CITY CLERK'S DEPARTMENT CLAIMANT'S NAME: CLAIMANT'S ADDRESS: Number/Stree~ and/or Post Office Box c~y 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 Pos! Office .( ). Telephone City Slate DA TE OF THE ACCIOENr OR OCCURRENCE: : ~,'0: O 5S T-- PLACE OF ACODENT OR OCCURRENCE: __/& ~, / ~ U ~' Zip Code GENERAL DESCRIPTION OF THE ACCIDENT OR OCCURRENCE (Attach additional page(s), if more 7. NAME(S), if known, OF ANY PUB&.IC EMPLOYEE(S) ALLEGEDLY CAUSING THE INJURY OR LOSS: . WITNESS(ES), ff known (optional): Name b~ :le .phong , - . 10. DOCTOR(S)/HOSPITAL(S), ff any, WHERE CLAIMANT WAS TREA TED: a. Name ~ I /Yl Address Telephone GENERAL DESCRIPTION OF THE INDEBTEDNESS, OBUGA TION, INJURY, DAMAGE OR LOSS so far as if may be known at the time of presentation of the claim: STATE THE AMOUNT CLAIMED ff it totals less than ten thousand dollars ($10,000) as of the date of presentation of the claim, including the estimated amount of any prospective injury, damage or loss, insofar as it may be known at the time of the presentation of the claim, together with the basis of computation of the amount claimed (for computation use #12 below). However, ff the amount claimed exceeds ten thousand dollars ($10,000), no dollaramount shall be included in the claim. However, it shall indicate whetherthe claim would be a limited civil case (CC.P § 85). ' Amount Claimed $ 0~ ~'~--(~ ~' '--~ or Applicable Jurisdiction 12. THE BASIS OF COMPUTING THE TOTAL AMOUNT CLAIMED IS AS FOLLOWS: a. Damages Incurred to date: $ Expenses for medical/hospital care: Loss of earnings: Special damages foc General damages: b. Estimated prospective damages as far as known: Future expenses for medical and hospital care: Future loss of earnings: Other prospective special damages: Prospective general damages: This claim must be signed by the claimant orby 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, wh~c~ever is longer. Claims relating to any other causes of action shall be presented not later than one (1) year a~er/accq.~ of th~ cause of action. x' - /~' ~ ~SIGN~t ~i~E ~0F ~.LAiMANT(S) IReceived in the Ofl-~'e of the CJty Clerk this ~ day of ~ , 20<:~,~ . NOTE: This form of claim is for your convenience only. Any o~her type of form may beabsed if 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 rfghts or to interpret any law. If you ere in doubt regarch'ng your legal rights or the interpretation of any law, you should seek legal counsel of your cho/ce at your own expense. Rev. 2000 AGENDA SUMMARY ITEM NO 6 c. DATE: Sept. 4, 2002 REPORT SUBJECT: ADOPTION OF ORDINANCE AMENDING THE CITY OF UKIAH'S PERS CONTRACT TO ADD FOURTH LEVEL 1959 SURVIVOR BENEFITS - POLICE UNIT At its August 7, 2002 meeting, the City Council adopted a Resolution of Intention to Authorize amendment to the contract between the Board of Administration of the Public Employees' Retirement System (PERS) and the City Council of the City of Ukiah to provide Section 21574- Fourth Level of 1959 Survivor Benefits for local police members only. A first reading (by title only) of the Ordinance authorizing the amendment also took place at the August 7, 2002 Council meeting. Thirty days after adoption of the Ordinance, the proposed contract amendment will become operative. Staff recommends adoption of the Ordinance authorizing amendment of the PERS Contract to provide 4th Level of 1959 Survivor Benefits for local police members only. RECOMMENDED ACTION: , Adopt Ordinance Authorizing an Amendment to the Contract Between the City. Council of the City of Ukiah and the Board of Administration of the California Public Employees' Retirement System. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Do not adopt Ordinance. 2. Refer to Staff for further information. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Melody Harris, Personnel Officer Candace Horsley, City Manager 1. Ordinance Authorizing Amendment to PERS Contract 2. Ameqdm.ent to Contract APPROVED:~~_.:~/~~~" Candace Horsley, City Manger 3:MOU~.SP.4thlevelpol ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING AN AMENDMENT TO THE CONTRACT BETVVEEN THE CITY COUNCIL OF THE CITY OF UKIAH AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. The City Council of the City of Ukiah does hereby ordain as follows: SECTION 1 That an amendment to the contract between the City Council of the City of Ukiah and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit, and by such reference made a part hereof as though herein set out in full. SECTION 2 The Mayor of the City of Ukiah is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. SECTION 3 This Ordinance shall take effect thirty (30) days after the date of its adoption, and prior to the expiration of 10 days from the passage thereof shall be published as required by law in the Ukiah Daily Journal, a newspaper of general circulation, published and circulated in the County of Mendocino and thenceforth and thereafter the same shall be in full force and effect. Introduced by title only on August 7, 2002, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Councilmembers Larson, Libby, and Vice-Mayor Baldwin. None. None. Mayor Ashiku and Councilmember Smith. Passed and adopted on September 4, 2002, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Philip Ashiku, Mayor Marie Ulvila, City Clerk CalPERS California Public Employees' Retirement System AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Ukiah The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective August 1, 1962, and witnessed June 4, 1962, and as amended effective January 1, 1973, January 2, 1983 June 30, 1992, May 7, 1999 and November 8, 1999 which provides.for' participation of Public Agency in said System, Board and Public Agency hereby agree as follows: · . A, Paragraphs 1 through 12 are hereby stricken from said contract as executed effective November 8, 1999, and hereby replaced by the following paragraphs numbered 1 through 13 inclusive: . All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members and age 50 for local safety members. , Public Agency shall participate in the Public Employees' Retirement System from and after August 1, 1962 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 1 e . = Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: al b. co Local Fire Fighters (herein referred to as local safety members); Local Police Officers (herein referred to as local safety members); Employees other than local safety members (herein referred to as local miscellaneous members). In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of.said Retirement System: NO ADDITIONAL EXCLUSIONS The percentage of final compensation to be provided for each year of credited prior and current service for local miscellaneous members shall be determined in accordance with Section 21354 of said Retirement Law, subject to the reduction provided therein for service prior to December 31, 1982, termination of Social Security, for members whose service has been included in Federal Social Security (2% at age 55 Full and Modified). The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21362 of said Retirement Law (2% at age 50 Full). Public Agency elected and elects to be subject to the following optional provisions: ao bo c. de Section 20042 (One-Year Final Compensation). e. Section 20965 (Credit for Unused Sick Leave). Section 21573 (Third Level of 1959 Survivor Benefits) for local miscellaneous members and local fire members only. Sections 21624, 21626 and 21628 (Post-Retirement SurviVor Allowance). Section 20516 (Employees Sharing Cost of Additional Benefits): Section 20042 (One-Year Final Compensation); Section 20965 (Credit for Unused Sick Leave); and Sections 21624, 21626 and 21628 (Post Retirement Survivor Allowance). , . 11. From and after January 2, 1983 the safety employees of Public Agency shall be assessed an additional 1% of their compensation for a total contribution rate of 10% pursuant to Government Code Section 20516. Section 21024 (Military Service Credit as Public Service), Statutes of 1976. g, Section 20503 (To Remove the Exclusion of Employees Who Are' Paid On An Hourly, Per Diem, Or Weekly Basis While Being Employed On A Temporary Emergency or Seasonal Basis), Prospectively from November 8, 1999). h, Section 21574 (Fourth Level of 1959 Survivor Benefits) for local police members only. Removal of the exclusion of "Employees Who Are Paid On An Hourly, Per Diem, or Weekly Basis While Being Employed On a Temporary, Emergency or Season Basis", pursuant to Section 20503, is declarative of agency's previous interpretation and does not mandate any new classes of employees into membership. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on January 2, 1983. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board 'as provided in Government Code Section 20834. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. Public Agency shall also contribute to said Retirement System as follows: ao bo Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members and local fire members. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local police members. 12. C. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. d. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. Contributions required of Public AgenCy and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 13. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said Contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be.made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. a. This amendment shall be effective on the _ BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM _ day of CITY COUNCIL CiTY OF UKIAH BY KENNETH W. MARZION, CHIEF ACTUARIAL & EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY PRESIDING OFFICER Witness Date Attest: Clerk AMENDMENT PERS-CON-702A (Rev. 8\96) AGENDA SUMMARY ITEM NO. 6d DATE: September 4, 2002 REPORT SUBJECT: AWARD OF CONTRACT TO RILEY'S STRIPING FOR STREET STRIPING 2002, SPECIFICATION NO. 02-16 IN THE AMOUNT OF $18,930.56 SUMMARY: The City distributed specifications to ten builder's exchanges and 11 contractors for the annual street striping contract. The City publicly advertised this project on August 11,2002 and August 15, 2002 in the Ukiah Daily Journal. Two sealed proposals were received and opened by the City Clerk on August 27, 2002. The lowest responsive, responsible bidder is Riley's Striping Service of Benicia, California with a total bid of $18,930.56. The Engineer's Estimate for the project is $19,007.78. The City budget has $28,000 for this project. If the bid is awarded, compensation for the performance of the work will be based on unit prices bid for contract item quantities actually installed. Bid totals are based on unit prices bid for contract items at estimated quantities, and therefore, the actual total paid to the contractor may be lower or higher than the bid total indicated. As with construction projects there may be cost overruns by reason of unforeseen work or because actual quantities installed exceed estimated quantities. Policy Resolution No. 13, authorizes the responsible Department Head with approval of the City Manager to issue change orders not to exceed 10 percent of the original contract sum or $5,000 whichever is greater provided that no change, when added to the original contract sum, exceeds the amount budgeted for the project RECOMMENDED ACTION: Award the contract for Street Striping 2002, Specification No. 02-16, to Riley's Striping in the amount of $18,930.56. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Reject all bids and direct staff to readvertise for bids. 2. Determine street striping for public safety of City maintained streets is not necessary and provide direction to staff. Citizen Advised: N/A Requested by: Diana Steele, Director of Public Works/City Engi_neer~ Prepared by: Rick Seanor, Deputy Director of Public Works Coordinated with' Candace Horsley, City Manager Diana Steele, Director of Public Works/City Engineer Attachments: 1. Bid Tabulation 2. Bid Proposal from Riley's Striping 3. FiscaI,Y-~r 2002/2003 Budget Sheet APPROVED:L'-~~z~-~-~ /_ Candace Horsley, City ~anager AGstripe2002.SUM CITY OF UKIAH DEPARTMENT OF PUBLIC WORKS STREET STRIPING 2002 Specification No. 02-16 Bid Tabulation Prepared By: Rick Seanor Fund/Account No. 100-3110-250 BID OPENING: AUGUST 27, 2002 BUDGET AMOUNT = $28,000 - I ENGINEER'S ESTIMATE Riley's Striping Central Striping Service, Inc. j Benicia, CA Rancho Cordova, CA PRICE 5,376 LF Broken White 4" ~. $0.06 $322.56 $0.07 $376.32 $0.05 $268.80 73,276 LF Broken Yellow 4" $0.06 $4,396.56 $0.07 $5,129.32 $0.05 $3,663.80 4,648 LF Solid White4" I $0.07 $325.36 $0.08 $371.84 $0.101 $464.80 10,978 LF Solid Yellow 4" -- $0.07; $768.46 $0.08 $878.24 $0.10 $1,097.8~- 3,281 , LF Solid White 8" $0~20 $656.20 $0.12 $393.72 $0.20 $656.20 24,971 I LF Double Yellow $0.141 $3,495.94! $0.$0'12 !~12 $2,996.52 $0.3050'20 $154'994'20,754.40 5,848 LF Two Way Left Turn Yellow $0.14 $818.72 $701.76 ' 30,975 LF I Bike Lane 4" White I $0.08 $2,478.00 $0.08 $2,478.00 $0.10 i $3,097.50 42,250 LF Bike Lane 6" White $0.09 $3,802.50 $0.10 $4,225.00 $0.15 $6,337.50 882 LF i No Passing Zone, 4" Yellow $0.14 $123.48 $0.12 $105.84 $0.10 ~. _ $88.20 Type D, two-way yellow ' ~ $3.75 $1,365.00 364 EA reflective pavement markers $5.00 $1,820.00 $3.50 $1,274.00 I I -- TOTAL $19,007.78 TOTAL $18,930.56i TOTAL $23,788.20 Date and Time Printed: 8/27/2002 at 5:26 PM Filenarne: BidTab-Stripmg02-16 f~TTFt £ H tFI E IU T :~ ~L BIDDING SCHEDULE In case of discrepancy between wOrds and figures, the words shall prevail. ·· ].r ! ITEM NO. QUANTITY DESCRIPTION AND UNIT PRICE BID 'EXTENDED AMOUNT (in words and in figures) FOR ITEM (in figures) Broken White 4" Painted Traffic Stripe for the price per linear foot of 1 5,376 LF Broken Yellow 4" Painted Traffic Stripe for the price per linear foot of ~~ ~~s ($ . o7 ) $ ~'1 Sq. ~ ?_. 2 73,276 LF Solid White 4" Painted Traffic Stripe for the pdce per I linear foot of ~-~~- (~~ 3 4,648 LF Solid Yellow 4" Painted Traffic Stripe for the price per linear foot of 4 10,978 LF Solid White 8" Painted Traffic Stripe for the price per linear foot of 5 ~L~e Q~ ($,, .I ~ ) $. ~9~.7~ 3,281 LF Double Yellow Painted Traffic Stripe for the price per linear foot of 6 24,971 LF Two Way Left Turn Lane (yellow) Painted Traffic Stripe for the price per linear foot of 7 5,848 Bike Lane 4" White Painted Traffic Stripe for the price per linear foot of 8 30,975 LF Bike Lane 6" White Painted Traffic Stripe for the price per linear foot of 9 42,250 LF Yellow No Passing Zone 4-inch Paint~ Traffic Stripe for the price per linear foot of 10. 882 LF Two-way yellow reflective pavement maxem for the pdce per each of ~ c,.c~ ~=~ (, ~.~ ) , I~ 7~,~O 11. 3~ EA TOTAL BID AMOUNT ==~ Spec. No. 02-16 26 StreetStriping2002 j~ ~¢ j~. ~.~ We, the undersigned, further agree, if this proposal shall be accepted, to sign the agreement and to furnish the required bonds with satisfactory surety, or sureties, within fifteen (15) calendar days after written notice that the contract is ready for signature; and, if the undersigned shall fail to contract, as aforesaid, it shall be understood that he or she has abandoned the contract and that, therefore, this proposal shall be null and void and the proposal guaranty accompanying this proposal, or the amount of said guaranty, shall be forfeited to and become the property of the City. Otherwise, the proposal guaranty accompanying this proposal shall be returned to the undersigned. Witness our hands this day of .JS.,~.~,_,.~'~'' ~-G ,20~Z.. Licensed in accordance with an, act, providing for the registration of California Contractors License No. E~ ~,3Z, c~ , expiration date ~,./-~1./~,~ . THE CONTRACTOR'S LICENSE NUMBER AND EXPIRATION DATE STATED HEREIN ARE MADE UNDER PENALTY OF PERJURY. Signature of bidder or bidders, with business addresses: Notice: In the case of a corporation, give below the addresses of the principal office thereof and names and addresses of the President, Secretary, Treasurer. StreetStriping2002 ?.'7 Spec. No. 02-16 ~- ~, ~ FAIR EMPLOYMENT PRACTICES CERTIFICATION The undersigned, in submitting a bid for performing the following work by Contract, hereby certifies that he or she has or will meet the standards of affirmative compliance with the Fair Employment Practices requirements of the Special Provisions contained herein. STREET STRIPING 2002 (Signature of Bidder) Business Mailing Address: Business Location: (The bidder shall execute the certification of this page prior to submitting his or her proposal.) Spec. No. 02-'~6 28 StreetStriping2002 WORKER'S COMPENSATION CERTIFICATE I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or undertake self-insurance in accordance with the provisions of that code and I will comply with such provisions before commencing the performance of the work of this contract. Witness my hand this 2 (..~"~day of ~, u..~:3~. 5"J' ,200 ~ Signature of Bidder, with Business Address: Streetstriping2002 ~- 9 Spec. No. 02-16 CERTIFICATION OF NONDISCRIMINATION IN EMPLOYMENT The bidder represents that he or she has/has not, participated in a previous contract or subcontract subject to either the equal opportunity clause herein or the clause contained in Section 301 of Executive Order 10925; that he or she has/has not, filed all required compliance reports; and that representations indicating submission of required compliance prior to subcontract awards. Signature and address of Bidder: Date (This certification shall be executed by the bidder in accordance with Section 60-1.6 of the Regulations of the President's Committee on Equal Employment Opportunity for implementing Executive Orders 10925 and 11114.) Spec. No. 02-'~6 30 StreetStdping2002 LIST OF PROPOSED SUBCONTRACTORS In compliance with the provisions of Sections 4100-4108 of the State Government Code and any amendments thereof, each bidder shall set forth (a) the name and location of the place of business of each subcontractor who will perform work or labor or render service to the Contractor in or about the construction site in an amount in excess of one-half of I percent of the total bid and (b) the portion of the work to be done by each subcontractor. StreetStriping2002 31 Spec. No. 02-16 STATEMENT OF EXPERIENCE OF BIDDER The bidder is required to state below what work of similar magnitude or character he or she has done and to give references that will enable the City Council to judge of his or her experience, skill and business standing and his or her ability to conduct work as completely and rapidly as required under the terms of the contract. Spec. No. 02-16 32 StreetStriping2002 BID BOND The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we as Principal hereinafter called the Principal, and MERCHANTS BONDING COMPANY (MUTUAL) as Surety, hereinafter called the Surety, are held and firmly bound unto as Obligee, hereinafter called the Obligee, in the sum ofTEN PERCENT OF THE TOTAL AMOUNT OF THE BID Dollars ($10% OF BID ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for s'tmm~ 81'IPIl~ 2002 -spllc. 190 0:}-16 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 26th day of ~to6~r , 2002 Witness Witness RILE~ ~S S'~RIPING Principal (Seal) - Name/Title MERCHANTS BON~G COMPANY (MUTUAL) \~"X \ '"',. Sure. ty k '"- (Seal) DAVID ~T~ ~ISE, Anomey-in-Fact ORSC 21328 (5/97) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California. County of sa~ ataCxa~ On /~;us'r :~6, 2oo:~ before me, Carlla J. Whitescarver, Notary Public, personally appeared tam/un'm/u ~zisz , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person{~-4, whose name~) is~ to the within instrument and acknowledged to me that he/~ executed the same in his/~ authorized capacity0es-~, and that by his,+,cr,'t'ncii- signatur~on the instrument the person(-~, or the entity upon behalf of which the person¢,.) acted, executed the instrument. WITNESS MY HAND AND OFFICIAL SEAL. ~~~A._~'~~ Signaturf of'Notary Public~~ Merchants Bonding Company (Mutual) POWER OF ATTORNEY Know Ali PersOns By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint Steven Joseph Reeves, Sharon Lee Maas, Mark Franklin Freeman, David Arthur V~eise of Lodi and State of California its true and lawful Attorney-in-Fact. with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other wdtten obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of:. ONE MILLION ($1,000,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attorney-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended SubStituted and Restated By- Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on October 3, 1992. ARTICLE 11, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE 11, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal whert so used shall have the same force and effect as though manually fixed. I.n Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and ks corporate seal to be hereto affixed, this 18th day of April , 2000 STATE OF IOWA COUNTY OF POLK ss. MERCHANTS BONDING COMPANY (MUTUAL) By President STATE OF IOWA COUNTY OF POLK ss. On this 18th day of April , 2000 . before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say l~at he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. · . In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines. Iowa, the day and year first above wdtten. .-* _ ~.. McO %. . ~,x,, ._. 4 - .' .~ .. ......... ... -¢~ .. · ' { ~OWA~ '- · · · '. · ".. / eec ~IAI.. ·· IVotao/ Public. Polk County. Iowa 1. William Warner, Jr.. Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certi,~/that the above and foregoing is a true and correct copy of the POWER-OF-AUi'ORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this 26t_b. day of ;. -,.,\~G cox: · <~V.'Qpo;.':~' · =i- -~- o..'--: · '.~'_ er '.. MSC 0814 (2~J8) Secretary SIGNATURE(S) OF BIDDER Accompanying this proposal is -"t'~, .b~, ~43.% ~ ~:~ (insert the words "cash ($)", "cashier's check" or "bidder's bond", as the case may be) in an amount equal to at least 10 percent of the bid. The names of all persons interested in the foregoing proposal as principals are as follows: IMPORTANT NOTICE: If bidder or other interested person is a corporation, provide the legal name of corporation and also the names of the president, secretary, treasurer and manager thereof. If a co-partnership, provide the true name of firm and also the names of all individual co-partners composing the firm. If bidder or other interested person is an individual, provide the first and last names in full. Licensed in accordance with an act providing for the registration of Contractors: License No. ~,'~ 'I~ '~ ~' ~ , License Expiration Date ~/:~ I/~ ~ Signature(s) of Bidder.~~~' ~-----.. NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a co-partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts in behalf of the co-partnership; and if bidder is an individual, his or her signature shall be placed above. If a member of a partnership, a Power of Attorney must be on file with the Department prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized. Business address: Place of residence: Dated: StreetStriping2002 33 Spec. No. 02-16 zP. II NON-COLLUSION AFFIDAVIT Note: Bidder shall execute the affidavit on this page prior to submittinq his or her bid. To City Council, City of Ukiah: The undersigned in submitting a bid for performing STREET STRIPING 2002 by contract, being duly sworn, deposes and says: that he or she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract. Signature~ Business Address: ~:)5-0 I.~ ~__J~~~ ~, Place of Residence: NOTARIZATION Subscribed and sworn to before me this Notary ~blic in and for the County of My Commission Expires /'~ ~ day of H~2 ,2C)~'.~. StreetStdping2002 , State of California. Spec. No. 02-16 '~, o t- O ..-, > g° - 6e AGENDA SUMMARY ITEM NO. DATE: September 4, 2002 REPORT SUBJECT: AWARD OF CONTRACT TO GRANITE CONSTRUCTION COMPANY FOR 2000 STIP ARTERIAL / COLLECTOR REHABILITATION, SPECIFICATION NO. 02-15 IN THE AMOUNT OF $527,406.20 SUMMARY: The City distributed specifications to ten builder's exchanges and 12 contractors for the 2000 STIP Arterial / Collector Rehabilitation project. The City publicly advertised this project on August 11,2002 and August 15, 2002 in the Ukiah Daily Journal. Two sealed proposals were received and opened by the City Clerk on August 27, 2002. The lowest responsive, responsible bidder is Granite Construction Company of Ukiah, California with a total bid of $527,406.20. The Engineer's Estimate for the project is $536,988.30. Caltrans has funded this project in the amount of $539,000 which should allow for any potential change orders. If the bid is awarded, compensation for the performance of the work will be based on unit prices bid for contract item quantities actually installed. Bid totals are based on unit prices bid for contract items at estimated quantities, and therefore, the actual total paid to the contractor may be lower or higher than the bid total indicated. As with construction projects there may be cost overruns by reason of unforeseen work or because actual quantities installed exceed estimated quantities. Policy Resolution No. 13, authorizes the responsible Department Head with approval of the City Manager to issue change orders not to exceed 10 percent of the original contract sum or $5,000 whichever is greater provided that no change, when added to the original contract sum, exceeds the amount budgeted for the project. RECOMMENDED ACTION: Award the contract for 2000 STIP Arterial / Collector Rehabilitation, Specification No. 02-15, to Granite Construction Company in the amount of $527,406.20. ALTERNATIVE COUNCIL POLICY OPTIONS: readvertise for bids. Reject all bids and direct staff to Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Diana Steele, Director of Public Works/City Engine, e~4~L.~ Rick Seanor, Deputy Director of Public Works~~ Candace Horsley, City Manager ~v Diana Steele, Director of Public Works/City Engineer 1. Bid Tabulation 2. Bid Proposal from Granite Construction Company 3. Fiscal Year 2002/2003 Budget Sheet APPROVED: '~~...~ ~~'~ ~ Cand~ce ~omley~ City I~anager AG-Art-CollRehab02-15,SUM ~ ITEM NO. QUANTITY UNIT 3 4 5 6 7 CITY OF UKIAH DEPARTMENT OF PUBLIC WORKS 2000 STIP Arterial / Collector Rehabilitation SPec_i~cation N0:' 72115 Bid Tabulation Prepared By: Rick Seanor Fund/Account No. 330-9801-250-000 BID OPENING: AUGUST 27,-~002 Funded Amount = $539.000 . . i Engineer;s Estimate i Granite Construction Co. i Argon_aut_C0nstruCt0rs` Ukiah, CA Santa Rosa, CA DESCRIPTION UNIT TOTAL ' UNIT - T(~TAL UNIT - TOTAL PRICE PRICE PRICE _ I LS Traffic Control $22.000.00 ' $22,000.00 T $17,850.00 - $17,850.00 ~ $66,138-00`- -$66,138_00 3,887 CY iG_rind Ex]_sting R0_adway $24.00 - $93,288.00 $22.00 $$-~'i~,.0~-'- -$~2.00 --$85,5;1~.00 7,876 . TON _As_@~alt Conc_r._e_te ' $53.00 - $417,428100 ~ $53.00 ' $41-~,~;~-8.00 ' $~2.00 - $488,312.00 320 . LF _._B~r_oken W_hite 4" Pa!.nt.e_d Traffic Stripe $0.25 $80.00 - $0.55 - ~$~76~0~ - $0.55 - $176.00 2,924 . LF . ~Broke~ Yellow 4? painted Traffic Stripe $0.25 $731.00 $0.55 $1,608.20 $0.55 $1,608.20 106 . LF ~S_olid Yellg~4" Painte_d.Traffic Stripe . $0.25 ~ __$26.50 .... .$_1 ._00_.~ $106.00_ $1.00~ _ $106._0_0 . 842 ~ LF ~Solid ._White 8" painted Traffic_.St_riPe $0.40 $336.80 $2.00 $1,684.00 $2.00 $1,684.00 245 . LF ~Double._Yellow pai_nted Traffic Stripe _ $0.40. $98.0_0_ ~ $2.00 ~ $490.00. _ _$_2_.0.0 $490.00 1 . LS ?avementMarking . $3,000.00.. $3,000.00. $2,550.00~ $2,550.00_ $2,550.00_ $2,550.00 . TOTAL $536988.30 TOTAL $527,406.20 TOTAL $646,578.20 Date and Time Printed: 8/27/2002 at 5:10 PM Filename: BidTab-02-15-Art-Coll-Rehab BIDDING SCHEDULE · . ITEM NO. QUANTITY DESCRIPTION AND UNIT PRICE BID EXTENDED AMOUNT in writin~ and in fi~ures FOR ITEM 1. 1 LS Traffic Control for the lump sum price qf . .. 2. 3,887 CY Grind,,ard of EXisting~ Road w._ay, ,~,: a d..o. tO~t~,., a~Lf°r a price per cubic 3. 7,876 TON Asphalt Concrete for a price per ton of 4. 320 LF Broken ~ite 4" Painted Tra~c Stripe for a price per linear foot of 5. 2,924 ~ Broken Ycllo~ 4" Painted Traffic Stripe for a pric~ per li~ foot of Arterial Collector Rehabilitation 39 Spec. No. 02-15 · 6. 106 LF Solid Yellow 4" Painted Traffic Stripe for a · '~. price per linear foot of ($ I~ °-~' ) $ 7. 842 LF Solid White 8" Painted Traffic Stripe for a price per linear foot of 8. 245 LF Double Yellow Painted Traffic Stripe for the price per linear foot of ~---~o ~ o~- Pavement Mar~ng for the lump sum price of 9. 1 LS TOTAL BID AMOUNT In case of discrepancy between words and figures, the words shall prevail. Arterial Collector Rehabilitation Spec. No. 02-15 We, the undersigned, further agree, if this proposal shall be accepted, to sign the agreement and to furnish the required bonds with satisfactory surety, or sureties, within fifteen (15) calendar days after written notice that the contract is ready for signature; and, if the undersigned shall fail to contract, as aforesaid, it shall be understood that he or she has abandoned the contract and that, therefore, this proposal shall be null and void and the proposal guaranty accompanying this proposal, or the amount of said guaranty, shall be forfeited to and become the property of the City. Otherwise, the proposal guaranty accompanying this proposal shall be returned to the undersigned. Witness our hands this day of August 27 ,20 02. Licensed in accordance with an act providing for the registration of Contractor's License No. 89 , expiration date May 31, 20Q3 THE CONTRACTOR'S LICENSE NUMBER AND EXPIRATION DATE STATED HEREIN ARE MADE UNDER PENALTY OF PERJURY. Signature of bidder or bidders, with business addresses: GRANITE CONSTRUCTION COMPANY Michael A. Heddinge~c..gacramento Area M~nag~r P.O. BOX 50085 Watsonville, CA 95077-5085 (-- SIGN HERE Notice: In the case of a corporation, give below the addresses of the Principal office thereof and names and addresses of the President, Secretary, Treasurer. GRANITE CONSTRUCTION COMPANY P.O. BOX 50085 Watsonville, CA 95077-5085 David H. Watts, President P.O. BOX 50085 Watsonville, CA 95077-5085 Michael Futch, Secretary P.O. BOX 50085 Watsonville. CA 95077-5085 Roxanne C. Albritton.Treasurer P.O. BO× 50085 Wat~nv~l]e, CA 95077'5085 Arterial Collector Rehabilitation 42 Spec. No. 02- i 5 FAIR EMPLOYMENT PRACTICES CERTIFICATION TO: City of Ukiah Department of Public Works 300 Seminary Avenue, Ukiah, CA 95482 The undersigned, in submitting a bid for performing the following work by Contract, hereby certifies that he or she has or will meet the standards of affirmative compliance with the Fair Employment Practices requirements of the Special Provisions contained herein. 2000 STIP ARTERIAL / COLLECTOR REHABILITATION Specification No. 02-15 GRANITE CONSTRUCTION COMPANY (Signature of B"' :- ,x:.:...~ ,,~-- ~-' laaer) Michae1 A. ~inger, Sacramento Area Manager Business Mailing Address: GRANITE CONSTRUCTION COMPANY P.O. BOX 50085 Watsonville, CA 95077-5085 BusinessLocation: 585 West Beach Street Watsonville. CA 95076 (The bidder shall execute the certification of this page prior to submitting his or her proposal.) Arterial Collector Rehabilitation Spec. No. 02-15 WORKER'S COMPENSATION CERTIFICATE I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or undertake self-insurance in accordance with the provisions of that code and I will comply with such provisions before commencing the performance of the work of this contract. Witness my hand this 27 day of August · 20,,02 Signature of Bidder, with Business Address: GRANITE CONSTRUCTION COMPANY P.O. BOX 50085 Watsonville, CA 95077-5085 Arterial Collector Rehabilitation 46 Spec. No. 02-15 CERTIFICATION OF NONDISCRIMINATION IN EMPLOYMENT The bidder represents that he or she has/has not, participated in a previous contract or subcontract subject to either the equal opportunity clause herein or the clause contained in Section 301 of Executive Order 10925; that he or she has/has not, filed all required compliance reports; and that representations indicating submission of required compliance prior to subcontract awards. Signature and address of Bidder: GRANITE CONSTRUCTION cOMpANY Date. August 27, 2002 By: Michael A. Heddinger, S~amento Area Manager P.O. BOX 50085 Watsonville, CA 95077-5085 (This certification shall be executed by the bidder in accordance with Section 60-1.6 of the Regulations of the President's Committee on Equal Employment Opportunity for implementing Executive Orders 10925 and 11114.) Arterial Collector Rehabilitation 48 Spec. No. 02-15 LIST OF PROPOSED SUBCONTRACTORS In compliance with the provisions of Sections 4100-4108 of the State Government Code and any amendments thereof, each bidder shall set forth (a) the name and location of the place of business of each subcontractor who will perform work or labor or render service to the Contractor in or about the construction site in an amount in excess of one-half of 1 percent of the total bid and (b) the portion of the work to be done by each subcontractor. Arterial Collector Rehabilitation 50 Spec. No. 02-15 STATEMENT OF EXPERIENCE OF BIDDER The bidder is required to state below what work of similar magnitude or character he or she has done and to give references that will enable the City Council to judge of his or her experience, skill and business standing and his or her ability to conduct work as completely and rapidly as required under the terms of the contract. Please See Attached List of Completed Jobs, 1997-2001. Arterial Collector Rehabilitation 52 Spec. No. 02-15 SIGNATURE(S) OF BIDDER Accompanying this proposal is "Bidder' s Bond" (insert the words "cash ($)", "cashier's check" or "bidder's bond", as the case may be) in an amount equal to at least 10 percent of the bid. The names of all persons interested in the foregoing proposal as principals are as follows: IMPORTANT NOTICE: If bidder or other interested person is a corporation, provide the legal name of corporation and also the names of the president, secretary, treasurer and manager thereof. If a co-partnership, provide the true name of firm and also the names of all individual co-partners composing the firm. If bidder or other interested person is an individual, provide the first and last names in full. Please See Attached List of Officers. Licensed in accordance with an act providing for the registration of Contractors: License No. 89 _, License Expiration Date May 31, 2003.. Michael A. Heddi-nger, S~ramento Area Manager NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a co- partnership, the true name of the ftrm shall be set forth above together with the signature of the partner or partners authorized to sign contracts in behalf of the co-partnership; and if bidder is an individual, his or her signature shall be placed above. If a member of a partnership, a Power of Attorney must be on file with the Departni~nt prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized. Businessaddress:_P.O. BOX 50085 Watsonville, CA 95077-5085 Place of residence: Dated _August 27, 2002 Arterial Collector Rehabilitation 54 Spec. No. 02-15 i-On, g) o0 0g) ogg I~ LU 0 o i-on,` ~00 ---8 ~ m P, IZ ~' z z Z 0 Z Z 03 IJ.! 0 I--, ~ OO:3 0 i.... r~ CITY OF UKIAH Mendocino County, California BIDDER'S BOND · . that we, · Granite KNOW ALL MEN BY THESE PRESENTS, Construction Company , as PRINCIPAL and Federal Insurance Company , as SURETY, are held and firmly bound unto the City of Ukiah in the penal sum of 10 PERCENT OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of Ukiah, as the case may be, for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, to the City Clerk to which said bid was submitted, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of gren Percent of the Bid Amount (10%) ..... THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the above mentioned bid to the City of Ukiah, as aforesaid, for certain construction specifically described as follows, for which bids are to be opened at the Office of the City Clerk, Ukiah Civic Center, Ukiah, California, on August 27, 2002 for 2000 STIP ARTERIAL / COLLECTOR REHABILITATION, SPECIFICATION NO. 02-15. NOW, THEREFORE, If the aforesaid Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him or her for signatures, enters into a written contract, in the prescribed form, in accordance with the bid and files two bonds with the City of Ukiah, one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 22nd day of August 2002 .. GRANITE CONSTRUCTION COMPANY Michael A. Heddi~ger, ~cramento Area Principal Federal Insurance Company (Seal) ,,(Seal) (Seal) Manager (Seal) (Seal) f~_~_~ 't~. ~ (Seal) Sure¥ E~_~abeth M. Short, Attorney-In-Fact Address: Two Embarcadero Center t~1500, San Francisco, CA Arterial Collector Rehabilitation 56. 94111 Spec. No. 02-15 NON-COLLUSION AFFIDAVIT Note: Bidder shall execute the affidavit on this page prior to submitting his or her bid. To City Council, City of Ukiah: The undersigned in submitting a bid for performing 2000 STIP ARTERIAL / COLLECTOR REHABILITATION, SPECIFICATION NO. 02-15 by contract, being duly sworn, deposes and says: that he or she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract. GRANITE CONSTRUCTION COMPANY By: _ ~ Micha 1 A. Heddinger, mento Area Manager Signature(s) of Bidder Business Address: P.O. BOX 50085 Watsonville, CA 95077-5085 585 West Beach Street~ Place of Residence: N/A Watsonville s CA 95076 / ~ae. utg~d,at.l~.~oast Area NOTARIZATION Subscribed and sworn to before me this ~day of ~_~~_, 20 Os[. Notary Public in and for the County of My Commission Expires , State of California. ,200{,. Arterial Collector Rehabilitation 58 Spec. No. 02-15 0 0 o AGENDA SUMMARY ITEM NO. DATE: September 4, 2002 REPORT SUBJECT: AWARD OF CONTRACT TO GRANITE CONSTRUCTION COMPANY FOR 2000 STIP LOCAL STREET REHABILITATION, SPECIFICATION NO. 02-14 IN THE AMOUNT OF $367,280.69 SUMMARY: The City distributed specifications to ten builder's exchanges and 15 contractors for the 2000 STIP Local Street Rehabilitation project. The City publicly advertised this project on August 11,2002 and August 15, 2002 in the Ukiah Daily Journal. Two sealed proposals were received and opened by the City Clerk on August 27, 2002. The lowest responsive, responsible bidder is Granite Construction Company of Ukiah, California with a total bid of $367,280.69. The Engineer's Estimate for the project is $349,905.35. Caltrans has funded this project in the amount of $372,000 which should allow for any potential change orders. If the bid is awarded, compensation for the performance of the work will be based on unit prices bid for contract item quantities actually installed. Bid totals are based on unit prices bid for contract items at estimated quantities, and therefore, the actual total paid to the contractor may be lower or higher than the bid total indicated. As with construction projects there may be cost overruns by reason of unforeseen work or because actual quantities installed exceed estimated quantities. Policy Resolution No. 13, authorizes the responsible Department Head with approval of the City Manager to issue change orders not to exceed 10 percent of the original contract sum or $5,000 whichever is greater provided that no change, when added to the original contract sum, exceeds the amount budgeted for the project. RECOMMENDED ACTION: Award the contract for 2000 STIP Local Street Rehabilitation, Specification No. 02-14, to Granite Construction Company in the amount of $367,280.69. ALTERNATIVE COUNCIL POLICY OPTIONS: readvertise for bids. Reject all bids and direct staff to Citizen Advised: N/A Requested by: Diana Steele, Director of Public Works/City Engi.ne,e~,~ Rick Seanor, Deputy Director of Public Works Prepared by: Coordinated with: Candace Horsley, City Manager Diana Steele, Director of Public Works/City Engineer Attachments: 1. Bid Tabulation 2. Bid Proposal from Granite Construction Company 3. Fiscal~ear 2002/2003 Budget Sheet Candace Horsley, (~t~anager AG-LocalStreet-Rehab02-15.SUM CITY OF UKIAH DEPARTMENT OF PUBLIC WORKS 2000 STIP Local Street Rehabilitation Specification No. 02-14 Bid Tabulation Prepared By: Rick Seanor Fund/Account No. 330-9802-250-000 BID OPENING: AUGUST 27, 2002 Funded Amount = $372,000 ~ Engineer's Estimate Granite Construction Argonaut Constructors ~ i - : Ukiah, CA Santa Rosa, CA _I?EM NO.i QUANTITY, UNIT i DESCRIPTION i UNIT i, TOTAL UNIT[TOTAL UNIT I TOTAL I ' ~ PRICE PRICE ~ PRICE 1i LS iTraffic Control I ~ - i 1518,000.00~ $18,000.00 $30,570.00 $30,570.00 $43,759.00 $43,759.00 183,920 I SY I Slurry Seal I $0.90 $165,528.00 $~.70 $128,744.00 $0.79 $145,296.80 211 CY Edge Grinding $53.00 $149,884.00 $64.00 $180,992.00 . $183,820.00 $24.00 $5,064.00 $60.00 $12,660.00 $16,880.00 142 ! LF Broken White4" Painted Traffic Stripe i $0.25 $35.50 $0.12 $17.04 $17.04 8,290 I LF Broken Yellow4" Painted Traffic Stripe i $0.25 $2,072.50 $0.12 $994.80 $994.80 1,011 LF !Solid Yellow 4" Painted Traffic Stripe I $0.25 $252.75 $0.25 $252.75 $252.75 544 LF I Solid White 8" Painted Traffic Stripe I , $0.40 . $217.60 $0.50 $272.00 $272.00 i $631.50 $631.50 1,263 LF ]Double Yellow Painted lraffic Stripe $0.40 $505.20 $0.50 1,396 LF ~Bike Lane 4" White Painted Traffic Stripe ~ $0.25 $349.00 $0.25 I $349.00 $0.25 $349.00 2,848 LF Bike Lane 6" White Painted Traffic Stdpe I - 1 LS i Pavement Marking i $0.35 $996.80 $0.45 $1,281.60 $0.45 $1,281.60 $7,000.00 $7,000.00 $10,516.00 $10,516.00 $11,000.00 $11,000.00 -i--- I TOTAL ! $349,905.35t ' i TOTAL 15367,280.69 i TOTAL $404,554.49 i Date and Time Printed: 8/28/2002 at 11:32 AM Filename: BidTab-02-14-Local-Rehab BIDDING SCHEDULE ITEM NO. QUANTITY DESCRIPTION AND UNIT PRICE BID EXTENDED AMOUNT in writin~ and in fil~ures FOR ITEM I. 1 LS Traffic Control for,the lump sum price of , _ 2. 183,920 SY Slu~y Seal for a price per squ~e yard of 3. 2,828 TON Asphalt Concrete Overlay for a price per ton of 4. 211 CY Edge Grinding for a price per cubic y~d of , . 5. 142 LF Broken White 4" Painted Traffic S~ipe for a price per linear foot of 02-14spec_Local Street Rchab 40 Spec. No. 02-14 T- 6. 8,290 LF Broken Yellow 4" Painted Traffic Stripe for a price per linear foot of ($ ~,~, ) $__. qct'-i 7. 1,011 LF Solid Yellow 4" Painted Traffic Stripe for a price per linear foot of TW~'N T' Y/~ t vLr C~-'/,4~ · 8. 544 LF Solid White 8" Painted Traffic Stripe for a price per linear foot of Ft~TY 9. 1,263 LF Double Yellow Painted Traffic Stripe for the price per linear foot of .. O ($ ) 10. 1,396 LF Bike Lane 4" Whke P~inted Traffic Stripe for the pric~ per linear fool of TW~Y F IV~ 02-14spec_Local Street Rehab 41 Spec. No. 02-14 ~zP.Z 11: 12. 2,848 LF ILS Bike Lane 6" White Painted Traffic Stripe for the price per linear foot of Pavement Marking for the lump sum price of T~q T~oc~AN~ r:~VE TOTAL BID AMOUNT ~] $ I0.~ IG o~ In case of discrepancy between words and figures; the words shall prevail. 02-14spec_Local Street Rehab 42 Spec. No. 02-14 We, the undersigned, further agree, if this proposal shall be accepted, to sign the agreement and to furnish the required bonds with satisfactory surety, or sureties, within fifteen (15) calendar days after written notice that the contract is ready for signature; and, if the undersigned shall fail to. contract, as aforesaid, it shall be understood that he or she has abandoned the contract and that, therefore, this proposal shall be null and void and the proposal guaranty accompanying this proposal, or the amount of said guaranty, shhll be forfeited to and become the property of the City. Otherwise, the proposal guaranty accompanying this proposal shall be returned to the undersigned. Witness our hands this day of August 27 ,2O 02 Licensed in accordance with an act providing for the registration of Contractor's License No. 89 expiration date May 31, 200.3 THE CONTRACTOR'S LICENSE NUMBER AND EXPIRATION DATE STATED HEREIN ARE MADE UNDER PENALTY OF PERJURY. · Signature of bidder or bidders, with business addresses: SIGN HERE Michael A. Hedd--inger,/-S~ramento Area Manager P_.O. BOX 50085/585 West Beach Street', Watsonville, CA 95077-5085 Notice: In the case ora corporation, give below the addresses of the principal office thereof and names and addresses of the President, Secretary, Treasurer. GRANITE CONSTRUCTION COMPANY P.O. BOX 50085 Watsonville~ CA 95077-5085 D~vid, H.,, Watts, Presiden~P.O. BOX 50085 Watsonville, CA 95077-5085 M~chael Futch, Secretary/P.O. BOX 50085 Watsonville, CA 95077-5085 Roxanne C. Albritton, Treasure~Pi:O. BOX 50085 Watsonv~lle, CA 95077-5085 Street Rehab Spec. No. 02-14 .FAIR EMPLOYMENT PRACTICES CERTIFICATION TO: City of Ukiah Department of Public Works 300 Seminary Avenue, Ukiah, CA 95482 The undersigned, in submitting a bid for performing the following work by Contract, hereby certifies that he or she has or will meet the standards of affirmative compliance with the Fair Employment Practices requirements of the Special Provisions contained herein. 2000 STIP LOCAL STREET REHABILITATION Specification No. 02-14 GRANIT- C,~NST~CTf.0N C{]/~PANY (Signature of Bidder)'Mi-C-~ael'~7~ddinger, Business Mailing Address: Sacramento Area Manager P.O. BOX 50085 Watsonville, CA 95077-508~ BusinessLocation: 585 West Beach Street Watsonville, CA 95076 · ..~ (The bidder shall execute the ce~ification of this page prior to submitting his or her proposal.) 02-14spec_Local Street Rehab 46 Spec. No. 02-14 WORKER'S COMPENSATION CERTIFICATE I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or undertake self-insurance in accordance with the provisions of that code and I will comply with such provisions before commencing the performance of the work of this contract. Witness my hand this 27 day of August ,20 02 Signature of Bidder, with Business Address: Michael A. Heddinger, S~Eramento Area Manager P.O. BOX 50085- Watsonville, CA 95077-5085 02-14spec_Local Street Rehab 48 Spec. No. 02-14 CERTIFICATION OF NONDISCRIMINATION IN EMPLOYMENT The bidder represents that he or she has/has not, participated in a previous contract or subcontract subject to either the equal opportunity clause herein or the clause contained in Section 301 of Executive Order 10925; that he or she has/has not, filed all required compliance reports; and that representations indicating submission of required compliance prior to subcontract awards. Signature and address of Bidder: GRANITE CONSTRUCTION CO?~.ANY ~ · Date ~ger August 27, 2002 P.O. BOX 50085 Watsonville, CA 95077-5085 (This certification shall be executed by the bidder in accordance with Section 60-1.6 of the Regulations of the President's Committee on Equal Employment Opportunity for implementing Executive Orders 10925 and 11114.) 02-14spec_Local Street Rehab Spec. No. 02-14 LIST OF PROPOSED SUBCONTRACTORS In compliance with the provisiOns of Sections 4100-4108 of the State Government Code and any amendments thereof, each bidder shall set forth (a) the name and location of the place of business of each subcontractor who,will perform work or labor or render service to the Contractor in or about the construction site in an amount in excess of one-half of 1 percent of the total bid and (b) the portion of the work to be done by each subcontractor. V'! A_L- IA j CA 02-14spec_Local Street Rchab 52 Spec. No. 02-14 STATEMENT OF EXPERIENCE OF BIDDER The bidder is required to state below what work of similar magnitude or character he or she has done and to give references that will enable the City Council to judge of his or her experience, skill and business standing and his or her ability to conduct work as completely and rapidly as required under the terms of the contract. Please See Attached List of Projects Completed, 1997-2001. 02-14spec_Local Street Rchab 54 Spec. No. 02-14 i-On,· WOO 0w ~ = o m'. E 8 = = = c c~ = ,- ,- ,- = ,-- ,- "" o o '6.-° o o o m .~ .o .o .o '- ~ '- ~ .9.o=: ,,,-- ~ ,,,o ~ o =oo oo oo o ooo E .EE~~ c~ ~ o ,- . . ?_ o.=~°o~zo~i o~-.~~:~-~~§~.o~~- _ z~__~ ~ ooo oo ~ m~oozz~ ~ · 0 ~ ~ ( ~ o o o o oo0 ~ -~ - ~ . g~81>~ > ~ · · 0 ~ ~ · o ~~ o~ · 8~o ~ · 0 o~~8~o ~ =- o ~ C 0 ~ 0 0 0 0 0 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 ~,~ ~ ~ ~ ~ 0 0 0 0 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ P. ID t-on' ---8 F-'O c000 ,_ 1 , ~' _ I I '~1~ o ~< /~I</SI~ = o : e e :. < < = = .- ,~l~t~° 0 ~ ~ ~ 0 ~ ~ ~ , ~ ~ * ~ ~ ~ ~ ~ C)I ~1 ~i~ 0 ~~ ~/~1~i~1~1: ~ ~ ~ '11T° ol ~1 ~1 = . , , ~ ~1 ol ol ol ~i ~1 ~1 ~1 ~1 ~1 ~! ol ~1 ~! ~1 ~,~ :~ ~ : ~ ,~j-~joj~j~jmjmjmj~j~jmj~j~j~j c~ ~j-j , r 4: C)l~l~l~l~l~l~l~l~l~l~l~lOl~l~l, o~/~ , ~: :/~/J//~l / ~ ; i ~ · ~ ~/,~/~/~/~///11 !.!.1 !.~! ,...I 0~-~ ww~ ill LU ..J Z Z t/) UJ 0 I-- r~ Uj UJ -I SIGNATURE(S) OF BIDDER Accompanying this proposal is "Bidder ' s Bond" (insert the words "cash ($)", "cashier's check" or "bidder's bond", as the case may be) in an amount equal to at least 10 percent of the bid. The names of all persons interested in the foregoing proposal as principals are as follows: IMPORTANT NOTICE: If bidder or other interested person is a corporation, provide the legal name of corporation and also the names of the president, secretary, treasurer and manager thereof. If a co-partnership, provide the true name of firm and also the names of all individual co-partners composing the firm. If bidder or other interested person is an individual, provide the first and last names in full. See Attached List of Officers. Licensed in accordance with an act providing for the registration of Contractors: LicenseNo. 89 , LiCense Expiration DateMay 31, 2003 Signature(s) of Bidder: By: ~~/'~-~ .~~~~~ Michael A. ~-~-ddJ~n~~, S~cr~ggt~to Area Manager NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a co- partnership, the true name of the firm shall be set forth above together with the signature of the partner 'or panners authorized to sign contracts in behalf of the co-partnership; and if bidder is an individual, his or her · signature shall be placed above. If a member of a partnership, a Power of Attorney must be on file with the Department prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized. Businessaddress:P.O. BOX 50085 Watsonville, CA 95077-5085 Place of residence: N/A Dated August 27, 2002 02-14spec_Local Street Rehab 56 Spec. No. 02-14 P.O. BOX 50085 WATSONVILLE, CA 95077-5085 (831) 724-1011 State of Incorporation: California List of Officers David H. Watts President Chief Executive Officer William G. Dorey Executive Vice President Assistant Secretary Patrick M. Costanzo Senior Vice President Assistant Secretary Mark E. Boitano Senior Vice President Assistant Secretary William E. Barton Senior Vice President Chief Financial Officer Assistant Secretary Roxane C. Allbritton Vice President Treasurer Assistant Financial Officer Assistant Secretary Michael Futch Garry M. Higdem Vice President Secretary Vice President Assistant Secretary James H. Roberts Vice President Assistant Secretary David R. Grazian Assistant Secretary Mary G. McCann-Jenni Michael F. Donnino ' Henry M. Heilbron Assistant Secretary Assistant Secretary Assistant Secretary Kenneth M. Smith Assistant Secretary James M. Cady Assistant Secretary Updated 01/01/02 . r CITY OF UKIAH Mendocino County, California BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, that we, Granite Construction Company Federal Insurance Company · as PRINCIPAL and · as SURETY, are held and firmly bound unto the City of Ukiah in the penal sum of 10 PERCENT OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of Ukiah, as the case may be, for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, to the City Clerk to which said bid was submitted, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of S Ten Percent of the Bid Amount ($10%) .... THE CONDITION OF THIS OBLIGATION IS SUCH~ that whereas the Principal has submitted the above mentioned bid to the City of Ukiah, as aforesaid, for certain construction specifically described as follows, for which bids are to be opened at the Office of the City Clerk, Ukiah Civic Center, Ukiah, California, on' August 27, 2002 for 2000 STIP LOCAL STREET REHABILITATION, SPECIFICATION NO. 02-14. NOW, THEREFORE, If the aforesaid Principal is awarded the contract and, within the time and manner reqUired under the specifications, after the prescribed forms are presented to him or her for signatures, enters into a written contract, in the prescribed form, in accordance with the bid and files two bonds with the City of Ukiah, one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 20 02 (Seal) Michael A. Heddinger. Sa~amento Area Principal Manager (Seal) (Seal) 22nddayofAu§ust (Seal) Federal Insurance Company (Seal) ~ 1~;~/'h /]')- ' (~--~-~/'" (Seal) Surety Eli~-e~h M. Short, Attorney-In-Fact Address: Two Embarcadero center #1500, San Francisco, CA 94111 02-14spec_Local Street Rehab 58 Spec. No. 02-14 AGENDA SUMMARY 6g ITEM NO. DATE: September 4, 2002 REPORT SUBJECT: AWARD ACQUISITION Of 2-AXLE TRUCK WITH DUMP BODY TO EAST BAY FORD TRUCK SALES IN THE AMOUNT OF $57,625.43 FOR THE DEPARTMENT OF PUBLIC WORKS SUMMARY: The City Public Works Department worked with the Purchasing Department to obtain bids for the acquisition of a new 2003, 2-axle truck with dump body as a replacement for City vehicle number 2331, a 1991 dump truck. Sixteen companies received requests for quotations including all new truck dealers in the Ukiah Valley. A notice requesting bids for the 2-axle truck with dump body was published in the Ukiah Daily Journal on July 14 and 19, 2002. One sealed proposal was received and opened by the City Clerk on July 29, 2002. The Iow bidder is East Bay Ford Truck Sales of Oakland, CA, which quoted a price of $57,625.43 for a 2003 Ford F-750 2-axle truck with dump body. The bid amount of $57,625.43 is within the City's budget of $60,000 for this truck as shown on Attachment 1. RECOMMENDED ACTION: Award acquisition of 2-axle truck with dump body to East Bay Ford Truck Sales in the amount of $57,625.43 for the Department of Public Works. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Not award acquisition of 2-axle truck with dump body. 2. Direct staff to readvertise for bids. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Diana Steele, Director of Public Works / City Engineer~r~ Rick Seanor, Deputy Director of Public Works~ Candace Horsley, City Manager T 1. Fiscal Year 2002 / 2003 Budget Sheet APPROVED: Candace Horsley, City I~anager AG-2-axleTruck-durnp-body. SUM 0 0 0 o i_ 6h ITEM NO. DATE: September 4, 2002 AGENDA SUMMARY REPORT SUBJECT: AWARD OF BID FOR VARIOUS POLE AND PAD MOUNT TRA~NSFORMERS IN THE AMOUNT OF $55,537.28 TO VARIOUS VENDORS The formal bid process was followed in sending a Request for Quotation (R.F.Q.) to five suppliers for seven different size transformers. Five formal bids were opened by the City Clerk on August 15, 2002, at 2:00 p.m. These bidders were: 1. WESCO 2. Western States Electric (bidding on both Cooper & Pauwels) 3. G.E. Supply Company 4. Wrathall & Krusi 5. Stevens, McCarthy, Landcaster, LLC Bids were evaluated relative to price, delivery time, load losses, and availability of circuit protection. The bids are total cost, including tax and shipping. Based on staff's evaluation, the lowest compliant bidder for each unit is as summarized in the attached table. The transformers will be placed in warehouse stock and will be charged out on a project-by-project basis. The equipment has been budgeted in the 2002/03 Fiscal Year in Account 800.3646.690.000. Sufficient funds are available. RECOMMENDED ACTION: Award bids totaling $55,537.28 as follows: Three 75 KVA 240V pole mount transformers and one 300 KVA 480Y pad mount transformer to Western States Electric (Cooper) for $11,045.68; one 75 KVA 208Y, three 150 KVA, two 225 KVA, and one 300 KVA 208Y pad mount transformers to Wesco for $37,047.38; and one 500 KVA pad mount transformer to Central Maloney, Inc. c/o Stevens, McCarthy, Landcaster, LLC for $7,444.22. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject all bids and direct staff to re-advertise and re-solicit bids. Citizen Advised: N/A Requested by: Stan Bartolomei, Electric Supervisor Prepared by: Judy Jenney, Purchasing & Warehouse Assistant Coordinated with: Candace Horsley, City Manager Attachments: Bid Tabulation APPROVED:~~ Candace Horsley~ City Manager H ~ 0 [-~ U 0 I-I H 0 · · 0 ~ ~ Z Z 00 H H oo 0 0 00 O O oo 8 ZZZZ 0000 UUUU o~o~ 8 UUUU ~ H 0 0 oo ~o DDDDDD~ ~) (~ c~ 0 0 o~oo ITEM NO. DATE: 6i September 4, 2002 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION SETTING THE LIMITATION ON CITY EXPENDITURES FOR FISCAL YEAR 2002-2003 The passage of Proposition 4 in 1979 (Article XIIIB of the California Constitution), requires local governments to prepare a statement of appropriations limitation. Also, each of the governing bodies must pass a resolution setting the appropriations limit for each budget year. The City's appropriation growth rate is limited to the change in the County's population and the change in California's per capita personal income. Exhibit A, attached to the proposed resolution for fiscal year 2002-2003, sets forth the calculations necessary to establish the appropriations limit for the City of Ukiah's 2002-2003 fiscal year. For this calculation, each revenue source and General Fund transfer, listed in the adopted budget, must be allocated as "proceeds from taxes" or "non-proceeds from taxes." Adoption of this resolution assures the community and the State of California that the appropriations approved do not exceed the City's annual appropriations limit. For fiscal year 2002-2003 the calculations show a limit of $24.0 million ($23,977,904) and appropriations subject to the limit of $6.7 million. This provides a large margin of safety ($17.3 million) before compliance with this law would become a concern. For the first time, since before FY 1988-89, the expenditure limit actually decreased. The limit for FY 2001-2002 was $139,614 greater than the new limit for FY 2002-2003. The available funds subject to the limit are still less than one-third of the limit. Therefore, this reduction has no effect on the City's budget. The significance is the fact that state-wide per capita income decreased by 1.27%. Staff recommends that the City Council adopt the resolution fixing limitations on City expenditures for Fiscal Year 2002-2003. RECOMMENDED ACTION: 1). Adopt resolution fixing limitation on City expenditures for Fiscal Year 2002-2003. ALTERNATE COUNCIL POLICY OPTIONS: modifications Adopt resolution with . Prepared by: Gordon Elton, Finance Director Coordinated with: Candace Horsley, City Manager Attachments: 1) FY 2002-2003 Appropriation limitation Resolution, with attachment. 2) State of California, Department of Finance "PRICE AND POPULATION INFORMATION" letter dated May 1, 2002. APPROVED: GE:GANNLIMT.AGN Candace Horsley,~City Manager RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH FIXING LIMITATION ON CITY EXPENDITURES FOR FISCAL YEAR 2002-2003 WHEREAS, the provisions of Proposition 4, (Article XIII B of the California Constitution), the spending initiative, passed by the voters of the State of California, place a limitation on the expenditures of governmental agencies; and WHEREAS, the above referenced legislation requires the City of Ukiah to establish its appropriation limit for the 2002-2003 fiscal year; and WHEREAS, the Director of Finance of the City of Ukiah has computed the limitation of the City of Ukiah for the 2002-2003 fiscal year in accordance with the provisions thereof in the amount of $23,977,904; and WHEREAS, the appropriation limitation for the 2002-2003 fiscal year was determined by utilizing the change in California per capita income for the 2002-2003 fiscal year and the percentage of population change within Mendocino County as estimated by the State of California, Department of Finance estimates as of January 1, 2002. NOW, THEREFORE, BE IT RESOLVED, that the budgetary appropriation limitation of the City of Ukiah for fiscal year 2002-2003 is hereby fixed at $23,977,904, as set forth on Exhibit "A" attached hereto and made a part hereof by this reference. PASSED AND ADOPTED this 4th day of September 2002, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Phillip Ashiku, Mayor Marie Ulvila, City Clerk Resolution No. 2003- Page I of 1 CITY OF UKIAH SCHEDULE TO DETERMINE COMPLIANCE WITH PROPOSITIONS 4 & 111 APPROPRIATION LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 2003 Based on Fiscal Year 2002-2003 Budget EXHIBIT "A" A) PROCEEDS OF TAXES B) LESS: EXCLUSIONS C) APPROPRIATIONS SUBJECT TO LIMITATION $6,930,827 $212,740 $6,718,087 D) CURRENT YEAR LIMIT E) AMOUNT UNDER THE LIMIT (MARGIN OF SAFETY) $23,977,904 $17,259,817 Gann45 Page I of 5 CITY OF UKIAH APPROPRIATIONS SUBJECT TO GANN LIMIT 1999/2000 2000/2001 2001/2002 2002/2003 LIMIT PRIOR YEAR $19,829,779 $20,978,877 $22,323,668 $24,117,518 TIMES: % CHANGE IN CALIFORNIA PER CAPITA INCOME (a) (b) OR % GROWTH IN NON.RESIDENTIAL ASSESSED VALUATION 1.0453 1.0491 1.0782 0.9873 n/a n/a n/a n/a AND TIMES: % POPULATION CHANGE CITY (a) OR % POULATION CHANGE COUNTY (a) (c) 1.0073 1.0073 0.9978 1.006 1.0121 1.0143 1.002 1.007 NEW LIMIT $20,978,877 $22,323,668 $24,117,518 $23,977,904 NOTES: (a) State of California, Department of Finance estimates, May 2002 I(b) Factor Chosen for calculation, by default. l(c) Factor Chosen for calculation. Gann45 Page 2 of 5 CITY OF UKIAH PROPOSITIONS 4 AND 111, APPROPRIATION LIMIT SCHEDULE TO CATEGORIZE BUDGETED REVENUE FISCAL YEAR 2002/2003 REVENUE SOURCE TAXES PROPERTY TAXES SALES & USE TAXES PROPERTY TRANSFER TAX ROOM OCCUPANCY TAX BUSINESS LICENSE TAX FRANCHISE TAX FRANCHISE IN-LIEU CITY UTILITIES OTHER TAXES LICENSES AND PERMITS BICYCLE LICENSES BUILDING PERMITS ELECTRICAL PERMITS PLUMBING PERMITS MECHANICAL PERMITS MISCELLANEOUS PERMITS FINES & PENALTIES I NTERGOVERN MENTAL MOTOR VEHICLE IN LIEU TRAILER COACH FEES OFF HIGHWAY LICENSES TAX RELIEF ERAF REFUNDS P.O.S..T. REIMBURSEMENTS COUNTY REIMBURSEMENT MISC. PARTICIPATIONS STATE MANDATED COST REIMBURSEMENT USE OF MONEY & PROPERTY INTEREST RENT SUN HOUSE REVENUE CONCESSION INCOME RECREATION PROGRAM INCOME TRANSFERS TO OTHER FUNDS PROCEEDS OF TAXES $527,800 $3,845,700 $30,000 $390,000 $265,000 $675,000 $867,968 $o $5o0 $14,000 $314,859 NON-PROCEEDS OF TAXES $441,000 $150 $80,000 $1o,ooo $8,ooo $5,000 $33,908 $55,575 $0 $25,000 $500 $1,134 $20,000 $111,541 $210,990 $8,60o $o $263,500 $267,00O Gann45 Page 3 of 5 CITY OF UKIAH PROPOSITIONS 4 AND 111, APPROPRIATION LIMIT SCHEDULE TO CATEGORIZE BUDGETED REVENUE FISCAL YEAR 2002/2003 REVENUE SOURCE PROCEEDS OF TAXES NON-PROCEEDS OF TAXES CHARGES FOR CURRENT SERVICES SUBD PLANNING FEES SUBDIVISION FEES GENERAL PLAN FEES EMERGENCY RESPONSE REIM POLICE DEPARTMENT FI RE DEPT SALE OF MATERIALS SALE OF SURPLUS PROPERTY AMBULANCE FEES WEED ABATEMENT VEHICLE ABATEMENT PLAN CHECK FEES SWIMMING POOL LATE CHARGES/PENALTIES LABOR OVERHEAD REIMBURSEMENT MISCELLANEOUS TOTAL GENERAL FUND $23,200 $5,85o $o $17,000 $51,5oo $16,050 $o $o $420,000 $o $10,000 $45,000 $32,000 $o $o $4,700 $6,930,827 $2,167,198 $9,098,025 ENTERPRISE & OTHER FUNDS $35,126,689 $35,126,689 TOTAL BUDGETED EXPENDITURES ADD: TRANSFERS INTO GENERAL FUND $6,930,827 $37,293,887 $0 $44,224,714 TOTAL PROCEEDS OF TAXES $6,930,827 TOTAL NON-PROCEEDS OF TAXES $37,293,887 Gann45 Page 4 of 5 CITY OF UKIAH SCHEDULE OF EXCLUDED APPROPRIATIONS FISCAL YEAR 2002/2003 BUDGET QUALIFIED CAPITAL OUTLAYS LEASE/PURCHASE PAYMENTS FIRE TRUCK (lOO.21Ol) CIVIC CENTER (100.XXXX. 330.O00) STREET EQUIPMENT (lOO.311o) AMOUNT $0 $212,740 $o $212,740 CITY OF UKIAH ALLOCATION OF INTEREST- TO TAX & NON-TAX PROCEEDS FISCAL YEAR 2002/2003 BUDGET A) TAX PROCEEDS LESS INTEREST - GENERAL FUND B) LESS; EXCLUDED APPROPRIATIONS C) NET TAX PROCEEDS D) TOTAL GENERAL FUND REVENUES, LESS INTEREST E) NET TAX PROCEEDS, AS PERCENT OF TOTAL GENERAL FUND REVENUE F) TOTAL INTEREST G) AMOUNT OF INTEREST EARNED FROM TAXES H) AMOUNT OF INTEREST EARNED FROM NON-PROCEEDS OF TAXES $6,615,968 $212,740 $6,403,228 $8,671,625 74% $426,400 $314,859 $111,541 Gann45 Page 5 of 5 - Attachment #2 May 1,2002 Dear Fiscal Officer: Subject: Price and Population Information Appropriations Limit The California Revenue and Taxation Code, Section 2227, mandates the Department of Finance (Finance) to transmit an estimate of the percentage change in population to local governments. Each local jurisdiction uses their percentage change in population factor for January 1, 2002, in conjunction with a change in the cost of living, or price factor, to calculate their appropriations limit for fiscal year 2002-03. Enclosure I provides the change in California's per capita personal income and an example for utilizing the price factor and population percentage change factor to calculate the 2002-03 appropriations limit. Enclosure II provides city and unincorporated county population percentage changes, and Enclosure IIA provides county and incorporated areas population percentage changes. The population percentage change data excludes federal and state institutionalized populations and military populations, as noted. Population Percent Change for Special Districts Some special districts must establish an annual appropriations limit. Consult the Revenue and Taxation Code, Section 2228, for the various population options available to special districts to assess population change in their district. Article XIII B, Section 9, of the State Constitution exempts certain special districts from the appropriations limit calculation mandate. Special districts required by law to calculate their appropriations limit must present the calculation as part of their annual audit. No State agency reviews the appropriations limit. Population Certification The population certification program applies only to cities and counties. Revenue and Taxation Code 11005.6, mandates Finance to automatically certify any population estimate that exceeds the current certified population with the State Controller's Office. Finance will certify the higher estimate to the State Controller by June 3, 2002. Address questions about the price and population data to the Demographic Research Unit at (916) 323-4086. Sincerely, B. TIMOTHY GAGE Director Enclosure Page 1 Attachment #2 May 1, 2002 Enclosure I A. Price Factor: Article XIII B specifies that local jurisdictions select their cost-of-living factor to compute their appropriation limit by a vote of their governing body. The cost of living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage change to be used in setting the 2002-2003 appropriation limit is: Per Capita Personal Income Fiscal Year (FY) Percentage change over prior year 2002-2003 -1.27 B, Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2002-2003 appropriations limit. 2002-2003: Per Capita Change = -1.27 percent Population Change = 1.83 percent Per Capita converted to a ratio: - 1.27 + 1 O0 100 = 0.9873 Population converted to a ratio: 1.83 + 1 O0 100 = 1.0183 Calculation of factor for FY 2002-2003: 0.9873 x 1.0183 = 1.0054 Page 2 Attachment #2 Enclosure II Population Estimates with Annual Percent Change City/County/State ICALIFORNIA January 1, 2001 34,385,O00 January 1, 2002 35,037,00 Pe~ent Change 2001-2002 1.9% MENDOCINO FORT BRAGG POINT ARENA UKIAH WILLITS UNINCORPORATED 87,100 7,075 48O 15,600 5,100 58,800 87,700 7,100 48O 15,700 5,100 59,40O 0.7% 0.4% 0.0% 0.6% 0.0% 1.0% E-1RepoA 2002 Page 3 ITEM NO. DATE: September4, 2002 AGENDA SUMMARY REPORT SUBJECT: REPORT OF THE ACQUISITION OF AUTOCAD 2002 CIVIL SERIES FROM DLT SOLUTIONS INC. IN THE AMOUNT OF $5,139.42 SUMMARY: In compliance with Section 1522 of the City Code, this report is being submitted to the City Council for the purpose of reporting the acquisition of supplies costing more than $5,000 but less than $10,000. The Department of Public Works used DLT Solutions Inc. to acquire one upgrade of the AutoCAD 2000 software to the AutoCAD 2002 Civil Series. The AutoCAD 2002 Civil Series software is an integral part of our ability to survey and design Public Works facilities. DLT Solutions has proprietary rights on this software and there are no other available vendors. Therefore no other prices were sought by the Department of Public Works or the Purchasing Department. The purchase amount of $5,139.42 (tax included)is less than the Public Works AutoCAD upgrade budget amount of $6,000 in account 100.3001.800.000 RECOMMENDED ACTION: Receive and file report of the acquisition of AutoCAD 2002 Civil Series from DLT Solutions Inc in the amount of $5,139.42. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Diana Steele, Director of Public Works / City Engineer Tim Eriksen, Civil Engineer Candace Horsley, City Manager 1. Fiscal Year 2002/2003 budget sheet Candace Horsley, C'I~/Manager I- Z I, LI AGENDA SUMMARY ITEM NO. DATE: September 4, 2002 REPORT SUBJECT: ADOPTION OF RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NOS. 771 AND 772 TO ADMINISTERING AGENCY- STATE AGREEMENT FOR STATE FUNDED PROJECTS NO. 000049- STIP REHABILITATION PROJECTS SUMMARY: The City of Ukiah has been authorized to receive funding for the following projects: 2000 STIP Local Street Rehabilitation, Specification Number 02-14, Project No. RPL-5049 (011), EA: 01-280494 and 2000 STIP Arterial/Collector Rehabilitation, Specification Number 02-15, Project No. RPL-5049 (012), EA: 01-280504. These projects are expected to be constructed within the next three months. The attached Program Supplement Nos. 771 and 772 are the mechanisms by which the State transfers funds to the City for reimbursement of authorized project costs totaling $911,000. Staff recommends adoption of the attached resolution authorizing the execution of the program supplements. RECOMMENDED ACTION: Adopt Resolution Approving and Authorizing the Execution of Program Supplement Nos. 771 and 772 to Administering Agency - State Agreement for State Funded Projects No. 000049. ALTERNATIVE COUNCIL POLICY OPTIONS: Elect not to receive project reimbursement and do not adopt resolution. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Diana Steele, Director of Public Works / City Enginee~_4~.5 Rick Seanor, Deputy Director of Public Works~~- "~ Candace Horsley, City Manager 1. Resolution for Adoption 2. Program Supplement No. 771 3. Program Supplement No. 772 Candace Horsley, City M~ager AGprogSupp771-772.SUM RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING AND AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NOS. 771 AND 772 TO ADMINISTERING AGENCY- STATE AGREEMENT FOR STATE FUNDED PROJECTS NO. 000049 WHEREAS, the City of Ukiah has been authorized to receive state funding for the following projects: 2000 STIP Local Street Rehabilitation, Specification Number 02-14, Project No. RPL-5049 (011), EA: 01-280494 and 2000 STIP Arterial/Collector Rehabilitation, Specification Number 02-15, Project No. RPL-5049 (012), EA: 01-280504; and WHEREAS, the City of Ukiah has previously executed the Agency-State Agreement (Master Agreement) with an effective date of May 17, 1999; and WHEREAS, the Program Supplement must be executed between the Agency and the State prior to the Agency receiving state funding reimbursement for eligible project costs related to Project Nos. RPL-5049(011) and RPL-5049(012). NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of Ukiah approves the execution of Program Supplement Nos. 771 and 772 and authorizes the Mayor to execute same. PASSED AND ADOPTED this 4th day of September, 2002 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Phillip Ashiku, Mayor Marie Ulvila, City Clerk Resolution No. 2003- Page 1 of 1 PROGRAM SUPPLEMENT NO. 771 to ADMINISTERING AGENCY-STATE AGREEMENT FOR STATE FUNDED PROJECTS NO. 000049 Date: July 24, 2002 Location: 01-MEN-0-UK/ Project Number: RPL-5049(011) E.A. Number : 01_280494 Locode: 5049 This PROGRAM SUPPLEMENT, effective 04/25/2002, is hereby incorporated into the Administering Agency - State Agreement No. 000049 for State Funded Projects entered into between the ADMINISTERING AGENCY and the STATE with an effective date of 05/17/99 and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is adopted in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the ADMINISTERING AGENCY on (See copy attached). The ADMINISTERING AGENCY further stipulates that as a condition to payment of funds encumbered to this project, it accepts and will comply with the Special Covenants and Conditions set forth on the following pages. PROJECT LOCATION: Uldah - various city streets - pavement rehabilitation TX~E OF WORK: Road Rehabilitation Estimated Cost $377,000.00 CITY OF UKIAH State Funds STATE $372~ LOCAL $5,000.00 Matching Funds $0.00 OTHER $0.00 By Date STATE OF CALIFORNIA Department of Transportation By Chief, Office of Project Im~lementatic Division of Local Assistance Title Date I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: ~ S t--~tute----~ L Item Year Pr /ram B C Category [ Fund Source 106 2001 2660-101-042 2001-2002 20.30.600.621 N 262040 042-T $372,000.00 372,000.00 Program Supplement 00-0049-771- SERIAL Page i of 4 01-MEN.0-UKI R.~L-5049(011) 07/24/2002 SPECIAL COVENANTS OR REMARKS 1. The ADMINISTERING AGENCY will reimburse the STATE for the ADMINISTERING AGENCY share of costs for work requested to be performed by the STATE. 2. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the most current published Local Assistance Procedures Manual. 3. All project repair, replacement and maintenance involving the physical condition and the operation of project improvements referred to in Article III MAINTENANCE, of the aforementioned Master Agreement will be the responsibility of the ADMINISTERING AGENCY and shall be performed at regular intervals and as required for efficient operation of the completed project improvements. 4. This PROJECT is programmed to receive funding from the 1998 State Transportation Improvement Program (STIP), as amended. Funding may be provided under one or more components. A component(s) specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the component(s) identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per' component(s). .. This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible PROJECT expenditures for the component(s) allocated. The start of reimbursable expenditures is restricted to the later of either 1) the effective date of the Master Agreement, 2)the effective date of the PROGRAM SUPPLEMENT, or 3)the effective date of the component specific allocation. 5. STATE andADMINISTERING AGENCY agree that additional funds made available by future allocations will be encumbered on this PROJECT by use of a STATE approved Allocation Letter and Finance Letter. ADMINISTERING AGENCY agrees that STATE funds available for reimbursement will be limited to the amount allocated by the California Transportation Commission (CTC) and/or the STATE. 6. This PROJECT is subject to the timely use of funds provisions enacted by Senate Bill 45 (SB 45), approved in 1997, and subsequent CTC guidelines and State procedures approved by the CTC and STATE, as outlined below: Program Supplement 00-0049-771- SERIAL Page 2 of 4 01-MEN:-0-UKI P(PL-5049(O11) 07/24/2002 SPECIAL COVENANTS OR REMARKS Funds allocated for the environmental & permits, plan specifications a estimate, and right-of-way components are available for expenditure until the end of the second fiscal year following the year in which the funds were allocated. Funds allocated for the construction component are subject to an award deadline and contract completion deadline. ADMINISTERINO AOENCY agrees to award the contract within 12 months of the construction fund allocation and complete the construction or vehicle purchase contract within 36 months of award. 7. Upon ADMINISTERIN~ A~ENCY request, the CTC and/or STATE may approve supplementary allocations, time extensions, and fund transfers between components. An approved time extension will revise the timely use of funds criteria, outlined above, for the component(s) and allocation(s) requested. Approved supplementary allocations, time extensions, and fund transfers between components, made after the execution of this PRO~RAM SUPPLEMENT will be documented and considered subject to the terms and conditions thereof. Documentation for approved supplementary allocations, time extensions, and fund transfers between components, will be a STATE approved Allocation Letter, Fund Transfer Letter, Time Extension Letter, and Finance Letter· as appropriate. 8. This PROJECT will be administered in accordance with the CTC STIP ~uidelines, as adopted or amended, and the STATE Procedures for Administering Local ~rant Projects in the State Transportation Improvement Program (STIP), the Local Assistance Program Ouidelines, and the Local Assistance Procedures Manual. The submittal of invoices for project costs shall be in accordance with the above referenced Publications and the following. 9. The ADMINISTERIN~ A~ENCY shall invoice STATE for environmental a permits plans s ' ' · · pecmfxcatxons & estimate, and right-of-way costs no later than 180 days after the end of last eligible fiscal year of expenditure. For construction costs, the ADMINISTERIN~ A~ENCY has 180 days after project completion to make the final payment to the contractor and prepare the final Report of Expenditures and final invoice· and submit to STATE for verification and Program Supplement00-0049_771_ SERIAL Page 3 of 4 01-MEN-0-UKI 1/,.PL-5049(011) 07/24/2002 SPECIAL COVENANTS OR REMARKS payment. 10. Ail obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the encumbrance of funds under this Agreement. Funding and reimbursement are available only upon the passage of the State Budget Act containing these STATE funds. 11. Award information shall be submitted by the ADMINISTERING AOENCY to the District Local Assistance Engineer immediately after the project contract award. Failure to do so will cause a delay in the State processing invoices for the construction phase. Please refer to Section 15.7 "Award Package,, of the Local Assistance Procedures Manual. 12. ADMINISTERING AOENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s). Program supplement 00- 0049-771- SERIAL Page 4 of 4 PROGRAM SUPPLEMENT NO. 772 to ADMINISTERING AGENCY-STATE AGREEMENT FOR STATE FUNDED PROJECTS NO. 000049 Date: July 24, 2002 Location: 01-MEN-0-UK/ Proj eot Number :RPL.5049(012) E.A. Number:01_280504 Locode: 5049 This PROGRAM SUPPLEMENT, effective 04/25/2002, is hereby incorporated into the Administering Agency - State Agreement No. 000049 for State Funded Projects entered into between the ADMINISTERING AGENCY and the STATE with an effective date of 05/17/99 and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is adopted in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the ADMINISTERING AGENCY on (See copy attached). The ADMINISTERING AGENCY further stipulates that as a condition to payment of funds encumbered to this project, it accepts and will comply with the Special Covenants and Conditions set forth on the following pages. PROJECT LOCATION: Uldah - various locations - pavement rehabilitation TYPE OF WORK: Road Rehabilitation Estimated Cost $545,000.00 CITY OF UKIAH State Funds STATE $539,000.00 LOCAL $6,000.00 Matching Funds $0.00 OTHER $0.00 By Date STATE OF CALIFORNIA Department of Transportation Chief, Office of Project Im~lementatic Division of Local Assistance Title Date I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Offie~~_~~~~~~~ Date ~-~q, 0 ~ $539,000.00 Chapter Statutes -- I __. ------ Fund Source ~UNT 106 2001 042-T 539,000.00 Program Supplement 00-0049-772- SERIAL Page i of 4 01-MEN~.0-UKI 07/24/2002 RPL-5049(012) SPECIAL COVENANTS OR REMARKS 1. The ADMINISTERING AGENCY will reimburse the STATE for the ADMINISTERING AGENCY share of costs for work requested to be performed by the STATE. 2. The ADMINISTERING AOENCY will advertise, award and administer this project in accordance with the most current published Local Assistance Procedures Manual. 3. All project repair, replacement and maintenance involving the physical condition and the operation of project improvements referred to in Article III MAINTENANCE, of the aforementioned Master Agreement will be the responsibility of the ADMINISTERING AGENCY and shall be performed at regular intervals and as required for efficient operation of the completed project improvements. 4. This PROJECT is programmed to receive funding from the 1998 State Transportation Improvement Program (STIP), as amended. Funding may be providedunder one or more components. A component(s) specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the component(s) identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per component(s). .. This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible PROJECT expenditures for the component(s) allocated. The start of reimbursable expenditures is restricted to the later of either 1) the effective date of the Master Agreement, 2)the effective date of the PROGRAM SUPPLEMENT, or 3)the effective date of the component specific allocation. 5. STATE and ADMINISTERING AGENCY agree that additional funds made available by future allocations will be encumbered on this PROJECT by use of a STATE approved Allocation Letter and Finance Letter. ADMINISTERING AGENCY agrees that STATE funds available for reimbursement will be limited to the amount allocated by the California Transportation Commission (CTC) and/or the STATE. 6. This PROJECT is subject to the timely use of funds provisions enacted by Senate Bill 45 (SB 45), approved in 1997, and subsequent CTC guidelines and State procedures approved by the CTC and STATE, as outlined below: Program Supplement 00-0049-772- SERIAL Page 2 of 4 ¢ 1-MEN-0-UK/ RPL-5049(012) 07/24/2002 SPECIAL COVENANTS OR REMARKS Funds allocated for the environmental & permits, plan specifications & estimate, and right-of-way components are available for expenditure until the end of the second fiscal year following the year in which the funds were allocated. Funds allocated for the construction component are subject to an award deadline and contract completion deadline. ADMINISTERING AGENCY agrees to award the contract within 12 months of the construction fund allocation and complete the construction or vehicle purchase contract within 36 months of award. 7. Upon ADMINISTERING AGENCY request, the CTC and/or STATE may approve supplementary allocations, time extensions, and fund transfers between components. An approved time extension will revise the timely use of funds criteria, outlined above, for the component(s) and allocation(s) requested. Approved supplementary allocations, time extensions, and fund transfers between components, made after the execution of this PROGRAM SUPPLEMENT will be documented and considered subject to the terms and conditions thereof. Documentation for approved supplementary allocations, time extensions, and fund transfers between components, will be a STATE approved Allocation Letter, Fund Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate. 8. This PROJECT will be administered in accordance with the CTC STIP ~uidelines, as adopted or amended, and the STATE Procedures for Administering Local Grant Projects in the State Transportation Improvement Program (STIP), the Local Assistance Program Guidelines, and the Local Assistance Procedures Manual. The submittal of invoices for project costs shall be in accordance with the above referenced Publications and the following. 9. The ADMINISTERING AGENCY shall invoice STATE for environmental & permits, plans specifications & estimate, and right-of-way costs no later than 180 days after the end of last eligible fiscal year of expenditure. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion to make the final payment to the contractor and prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and Program Supplement 00-0049-772- SERIAL Page 3 of 4 -MEN.0-UKI 07/24/2002 RPL-5049(012) SPECIAL COVENANTS OR REMARKS payment. 10. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the encumbrance of funds under this Agreement. Funding and reimbursement are available only upon the passage of the State Budget Act containing these STATE funds. 11. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after the project contract award. Failure to do so will cause a delay in the State processing invoices for the construction phase. Please refer to Section 15.7 "Award Package" of the Local Assistance Procedures Manual. 12.ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s). Program supplement 00-0049-772- SERIAL Page 4 of 4 AGENDA SUMMARY ITEM NO. 6'1 DATE: September 4, 2002 REPORT SUBJECT: ADOPTION OF RESOLUTION RESTORING ONE ON-STREET PARKING SPACE AT 493 HIGHLAND AVENUE SUMMARY: Currently there is no parking permitted along both sides of Highland Avenue. Mr. Paul Zellman, who resides at 493 Highland Avenue, requested permission to restore one on-street parking space adjacent to his property. At this address there is room to allow one parking space off the traveled way (in the shoulder area outside the white reflectors which mark the street edge line) as shown on the map, Attachment 2. Staff contacted both the Police Department and the Fire Department regarding this request. Neither Department objected to the request to restore the parking space. The Traffic Engineering Committee (TEC) considered the request to restore one on-street parking space at its meeting on February 19, 2002. The TEC approved the request and recommends that the City Council restore one on-street parking space at 493 Highland Avenue. RECOMMENDED ACTION: Adopt Resolution restoring one on-street parking space at 493 Highland Avenue. ALTERNATIVE COUNCIL POLICY OPTIONS: Do not adopt resolution and provide direction to staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Mr. Paul Zellman Diana Steele, Director of Public Works / City Engineer~L~ Rick Seanor, Deputy Director of Public Works Candace Horsley, City Manager 1. Resolution for Adoption 2. Map of 493 Highland Avenue APPROVED~. Candace Horsley, ~it~Manager RJS: AG-493Highland-RestoreParking RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH RESTORING ONE ON-STREET PARKING SPACE AT 493 HIGHLAND AVENUE WHEREAS, the City Council may by resolution designate portions of streets upon which the standing, parking, or stopping of vehicles is prohibited or restricted pursuant to Article 11, Chapter 1, Division 8 of the Ukiah City Code; and WHEREAS, there are currently no parking zones on both sides of Highland Avenue; and WHEREAS, the Traffic Engineering Committee (Traffic Engineer) considered a request to restore one on-street parking space at 493 Highland Avenue within the City of Ukiah; and WHEREAS, the Traffic Engineer recommends the request to restore one on-street parking space at 493 Highland Avenue; NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of Ukiah does restore one on-street parking space, at a location near 493 Highland Avenue. The City Engineer shall determine the appropriate signage necessary to restore the on-street parking space. PASSED AND ADOPTED this 4th day of September, 2002 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Phillip Ashiku, Mayor Marie Ulvila, City Clerk Resolution No. 2003- Page 1 of I ® i~T'r'R4H MEAiT ~ AGENDA SUMMARY ITEM NO. DATE: September 4, 2002 REPORT SUBJECT: AUTHORIZE EXECUTION OF AMENDMENT NO. 5 TO THE AGREEMENT WITH EBA ENGINEERING IN AN AMOUNT NOT TO EXCEED $44,421.50 FOR CONTINUING SOIL AND GROUNDWATER PLUME DEFINITION AT THE CORPORATION YARD AND APPROVE BUDGET AMENDMENT IN THE AMOUNT OF $16,015 SUMMARY: In April 2002, EBA Engineering, (EBA) on behalf of the City of Ukiah, submitted a Work Plan for Continuing Soil and Groundwater Plume Definition at the Corporation Yard to the North Coast Regional Water Quality Control Board (NCRWQCB). In response to the anticipated NCRWQCB approval of the work plan, staff obtained a cost estimate from EBA Engineering for completion of the work plan and related quarterly groundwater monitoring (Attachment 2). By letter dated August 15, 2002, (Attachment 3) the NCRWQCB directed the City to proceed with the work identified in the work plan and prepare a report to further delineate the vertical and horizontal extent of soil and groundwater contamination associated with the old fueling facility at the Corporation Yard. This report must be submitted to the NCRWQCB by December 31, 2002. continued on page 2 RECOMMENDED ACTION: 1. Authorize Execution of Amendment No. 5 to the Agreement with EBA Engineering in an amount not to exceed $44,421.50 for Continuing Soil and Groundwater Plume Definition at the Corporation Yard. 2. Approve an amendment to the 2002/2003 budget increasing expenditures in account 100.3301.250.000 by $16,015. ALTERNATIVE COUNCIL POLICY OPTIONS: Direct staff to seek proposals from other firms and report back to Council. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Diana Steele, Director of Public Works / City Engineer~,~3 Rick Seanor, Deputy Director of Public Works Candace Horsley, City Manager 1. Amendment No. 5 to the Agreement 2. Cost Estimate from EBA Engineering 3. Letter from NCRWQCB 4. Agreement for Professional Consulting Services 5. Fiscal Year 2002 / 2003 budget sheet 6. Budget Worksheet ~.~~.~.Rr. rc~~ED: Candace-H0rsley,-City'~anager Page 2 Authorize Execution of Amendment No. 5 to the Agreement with EBA Engineering in an Amount Not to Exceed $44,421.50 for Continuing Soil and Groundwater Plume Definition at the Corporation Yard September 4, 2002 Funds in the amount of $29,750 are available for this work and are identified in the Fiscal Year 2002 / 2003 budget as shown in Attachment 5. To date, the City has expended $1,342.88 of these funds for related work at the Corporation Yard. A budget amendment in the amount of $16,015 from the General Fund reserve is therefore needed to fund the work mandated by the NCRWQCB. EBA has confirmed that it will complete the required report by December 31,2002. The City has been pleased with EBA's performance on past work related to the subsurface investigation. EBA has proven that it can complete required work products within established deadlines. CITY OF UKIAH AMENDMENT NO. 5 TO AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES DATED AUGUST 26, 1998 TERMS AND CONDITIONS All terms and conditions of the Agreement for Professional Consulting Services dated August 26, 1998; the Amendment dated December 15, 1998; the Second Amendment dated May 5, 1999; the Third Amendment dated July 5, 2000; and the Fourth Amendment dated August 23, 2001 shall remain in force and effect except as modified by this fifth amendment. AUTHORIZATION Upon execution of this amendment, service provider is authorized to provide the service described under the Scope of Additional Work identified in this Amendment No. 5. SCOPE OF ADDITIONAL WORK Work authorized by this amendment shall include that work described in the August 15, 2002 letter from the California Regional Water Quality Control Board and described in the letter from EBA Engineering dated July 26, 2002. Copies of said letters are included in this fifth amendment. COMPENSATION Compensation for the performance of the additional work shall be made on a time and expense basis at Consultant's customary fees. Expenses shall not exceed a maximum total cost of $44,421.50. EBA ENGINEERING CITY OF UKIAH BY: BY: PRINT NAME: TITLE: CANDACE HORSLEY City Manager DATE DATE Amendment No. 5 to Agreement for Professional Consulting Services July 26, 2002 RECEIVED JUL 2, 9 200 CITY OF UKIAH DEPT. OF PUBLIC WORKS Mr. Rick Seanor Department of Public Works City of Ukiah 300 Seminary Ave. Ukiah, CA 95482 COST ESTIMATE FOR FISCAL YEAR 2002 - 2003 CITY OF UKIAIt CORPORATION YARD UST INVESTIGATION 1320 AIRPORT ROAD, UKIAH, CALIFORNIA EB,4 Job No. 98-621 Dear Mr. Seanor: EBA Engineering is pleased to present this cost estimate for ongoing site investigation activities related to the former underground fuel storage tanks at the Ukiah Corporation Yard during the 2002 - 2003 fiscal year. The scope of work for the upcoming fiscal year will include the implementation of the April 2002 Work Plan for Continuing Soil and Groundwater Plume Definition prepared for the project site. The additional investigation will consist of the installation of three additional soil borings and three additional groundwater monitoring wells. Soil boring and monitoring well installations will define the lateral and vertical extent of groundwater contamination at the project site. Prior to the initiation of field activities, all necessary soil boring permits, encroachment permits, and access agreements will be obtained. .. Following the implementation of the Work Plan, a report of findings will be prepared and submitted on behalf of the City of Ukiah to the North Coast Regional Water Quality Control Board. This cost estimate also includes projected costs for development of the newly installed monitoring wells, an additional year of quarterly monitoring events, laboratory analytical fees, and costs for disposal of soil and groundwater generated throughout the investigation. ' Several assumptions were made during the preparation of this cost estimate. EBA personnel will prepare all necessary permits and access agreements for the project site. It is assumed that all permitting fees will be paid directly by the City of Ukiah. Laboratory analytical costs and field supplies were projected with the assumption that two soil samples and one groundwater sample will be collected from each soil boring during the subsurface investigation activities. Quarterly monitoring events will be conducted on 10 on-site and proposed monitoring wells for the period of one additional year. Lastly, this cost estimate assumes that the proposed monitoring wells will be surveyed to mean sea level and tied into the existing monitoring well network by City of Ukiah personnel. Monitoring well XYZ locational data and laboratory analytical data generated during this investigation will be uploaded by EBA personnel to the S~te Department of Water Resources GeoTracker database as required by Assembly Bill 2886. 825 Sonoma Avenue, Suite C Santa Rosa, Calil:ornia 95404 {707] 544-0784 Also in Southern California lzo EBA's estimated cost to provide environmental services at the Ukiah Corporation Yard for fiscal year 2002 - 2003 is not to exceed $44,421.50. EBA appreciates the opportunity to be of service to you. Please call (707) 544-0784 if you have any questions or concerns regarding this cost estimate. Sincerely, EBA ENG/NEERING Erik Phenix Environmental Specialist Enclosure: Detailed Cost Estimate L:~w~ust~621uldah~nt estimatesk:ostest2002 cover, doc Winston H. Hickox Secretary for Environmental Protection California Regional Water Quality Control Board North Coast Region William R. Massey, Chairman Internet Address: http://www, swrcb.ca.gov/rwqcb I/ 5550 Skylane Boulevard, Suite A, Santa Rosa, California 95403 Phone: 1 (877) 721-9203 (toll free) · Office: (707) 576-2220 · FAX: (707) 523-0135 August 15, 2002 Gray Davis GopelTtor Mr. Rick Seanor City of Ukiah Department of Public Works 300 Seminary Drive Ukiah, CA 95482 Dear Mr. Seanor: Subject: File: Comments on Work Plan for Continued Soil and Groungwater Plum Definition. Ukiah City Corporation Yard, 1320 Airport Road, Ukiah, California Case No. 1TMC201 The Work Plan for Continued Soil and Groundwater Plume Definition dated April 2002 prepared by EBA Wastechnologies and the files for the subject site have been reviewed by the Regional Water Quality Control Board (Regional Water Board) staff. Regional Water Board staff concurs with the proposed scope of work presented in the work plan. Please notify Regional Water Board staff at least five (5) business days prior to starting the field portion of this work so that the drilling procedure may be observed. Please submit the report of field findings for the proposed work by December 31, 2002. If you have any questions, please call 'me at (707) 576-2671. .. Sincerely, Daniel L. Warner Environmental Scientist DLW:clh\UCCY-7 Worlcplan Comments cc: Mr. Wayne Briley, Mendocino County Health Dept., 501 Low Gap Road, Room 1326, Ukiah, CA 95482 Mr. Eriksen Phenix, EBA Wasteclmologies, 825 Sonoma Avenue, Santa Rosa, CA 95404 California Environmental Protection Agency ORecycled Paper AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES This Agreement, made and entered into this ~ day of_~~~:~:~__, 1998, by and between CITY OF UKIAH, CALIFORNIA, hereinafter "City" and EBA referred as WASTECHNOLOGIES (EBA), a California Corporation, hereinafter referred to as "Consultant". RECITALS This Agreement is predicated on the following facts: al be City requires consulting services related to the implementation of the approved and amended work plan for soil and groundwater investigation at the City Corporation Yard. Consultant represents that it has the qualifications, skills, and experience to provide these services, and is willing to provide them according to the terms of this Agreement. City and Consultant agree upon the Scope-of-Work and Work Schedule attached hereto as Attachment "A", describing contract provisions for the project and setting forth the completion dates for the various services to be provided pursuant to this Agreement. 1.0 1.1 2.0 2.1 2.2. 3.0 3.1 TERMS OF AGREEMENT DESCRIPTION OF PROJECT The Project is described in detail in the attached Scope-of-Work (Attachment "A"). SCOPE OF SERVICES As set forth in Attachment "A". AdditiQnal Serviee~. Additional services, if any, shall only proceed upon written agreement between City and Consultant. The written Agreement shall be in the form of an Amendment to this Agreement. CONDUCT OF WORK Time of Completion. Consultant shall commence performance of services as required by the Scope-of-Work upon receipt of a Notice to Proceed from City and shall complete such services in accordance with the time requirements set forth in the Work Schedule. Consultant shall complete the work to. the City's reasonable satisfaction, even if contract disputes arise or Consultant contends its is entitled to further compensation. AG~ FOR PROFE~ONAL CON~JLT1NG ~ltViC~ PAGE I OF 7 4.0 4.1 4.2 4.3 4.4 5.0 5.1 5.2 6.0 6.1 COMPENSATION FOR SERVICES Basis for Compensation. For the performance of the professional services of this Agreement, Consultant shall be compensated on a time and expense basis not to exceed a guaranteed maximum dollar amount of $12,:500. Labor charges shall be based upon Consultant's standard hourly billing rates for the various classifications of personnel in effect as of the date of this contract which shall include all indirect costs and expenses of every kind or nature, except direct expenses. The direct expenses and the fees to be charged for same shall be customary and reasonable. Changes. Any changes in compensation warranted by changes in the Scope-of-Work of this Agreement, must be agreed upon in writing by both parties to the Agreement. "Changes to the Scope-of-Work" means different activities than those described in Attachment "A" and not additional time to complete those activities than the parties anticipate on the date they entered this Agreement. .Sub-contractor PilymenL The use of sub-consultants or other services to perform a portion of the work of this Agreement shall be approved by City prior to commencement of work. The cost of sub-consultants shall be included within the $12,:500 provided in Section 4.1. Terms of Payment. Payment to Consultant for services rendered in accordance with this contract shall be based upon submission of monthly invoices for the work satisfactorily performed prior to the date of invoice less any amount already paid to consultant, which amounts shall be due and payable upon 30 days after receipt by City. Invoices shall be accompanied by documentation sufficient to enable City to determine progress made. ' ASSURANCES OF CONSULTANT Independent Contractor. Consultant is an independent contractor and is solely responsible for its acts or omissions. Consultant (including its agents, servants, and employees) is not City's agent, employee, or representative for any purpose. 'Conflict of Interest. Consultant understands that its professional responsibility is solely to City. Consultant has no interest and will not acquire any direct or indirect interest that would conflict with its performance of the Agreement. Consultant shall not in the performance of this Agreement employ a person having such an interest. INDEMNIFICATION Insurance Liability. Without limiting Consultant's obligations arising under Paragraph 6.2 Consultant shall not begin work under this Agreement until it procures and maintains for the duration of this Agreement insurance against claima for injuries to persons or damages to property, which may arise from or in connection with its performance under this Agreement. AG~ FOR PROFI~SIONAL CONSULTING ~i~RVICI~ PAGE 2 OF 7 Bo C. Minimum Scope of Insurance- Coverage shall be at least as broad as: le Insurance Services Office ('I$O) Commercial General Liability Coverage Form No. CG 00 01 11 85. . I$O Form No. CA 0001 (Ed. 1/78) covering Automobile Liability, Code 1 "any auto" or Code 8, 9 if no owned autos and endorsement CA 0025. . Worker's Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance. e Professional Liability Insurance covering damages which may result from errors, omissions, or acts of professional negligence by Consultant. Minimum Limits of Insurance Consultant shall maintain limits no less than: . General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall apply separately to the work performed under this Agreement, or the aggregate limit shall be twice the prescribed per occurrence limit. , Automobile Liability_: $1,000,000 combined single limit per accident for bodily injury and property damage. .Worker's Compen~ati0n md Employers Liability: Worker's compensation limits as required by the Labor Code of the State of C~ifornia and Employers Liability limits of $1,000,000 per accident. , Professional Liability_ Coverage,: $500,000 combined single limit per occurrence. If the coverage is an aggregate limit, the aggregate limit must apply separately to the work performed under this Agreement, or the aggregate limit shall be twice the per occurrence limit. Deductibles and Self-!~ured Retentio.n~ Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. AG~ FOR PROFESSIONAL CONSULTIN~ $~RVICI~ PAGE 3 OF 7 De Other Insurance Provisi~n~ The policies are to contain, or be endorsed to contain, the following provisions: 1. Gnr Lia iii dAut mo il Li ill vr a. The City, it officers, officials, employees and volunteers are to be covered as additional insureds as respects; liability arising out of activities performed by or on behalf of the Consultant, products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope-of-protection afforded to the City, its officers, officials, employees or volunteers. be The Consultant's insurance coverage shall be primary insurance as respects to the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. de The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. W rk r' men ati n Em I r Li ilit v ra e The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from Consultant's performance of the work, pursuant to this Agreement. Professiona~ Liability_ Coverage If written on a claims-made basis, the retroactivity date shall be the effective date of this Agreement. ;Fhe policy period' shall extend from .June I, 1998 to .June 1, 1999. 4. All Covera_~e~ Each Insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. AGREEMENT FOR PROFI~IONAL CONSULTING PAGE 4 OF 7 6.2 7.0 E. Acceptability_ of Insurer~ Fe Except for professional liability insurance, insurance is to be placed with insurers with a Best's rating of no less than A:VII and who are admitted insurers in the State of California. Professional liability insurance may be underwritten by Lloyds of London. _Verification of Coverage -- G, Consultant shall furnish the City with certificates of Insurance and with original Endorsements effecting coverage required by this Agreement. The Certificates and Endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Certificates and Endorsements are to be on forms provided or approved by the City. Where by statute, the City's Workers' Compensation - related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted. All Certificates and Endorsements are to be received and approved by the City before Consultant begins the work of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. If Consultant fails to provide the coverages required herein, the City shall have the right, but not the obligation, to purchase any or all of them. In that event, the cost of insurance becomes part of the compensation due the contractor after notice to Consultant that City has paid the premium. Subcontractors If Consultant uses subcontractors or sub-consultants, it shall cover them under its polices or require them to separately comply with the insurance requirements set forth in this Paragraph 6.1. Indemnification. Notwithstanding the foregoing insurance requirements, and in addition thereto,' Consultant shall indemnify, defend and hold harmless City officers, agents and employees from and against any and all claims, demands, liability, costs and expenses, including court costs and counsel fees, arising out of the injury to or death of any person or loss of or physical damage to any property resulting from any negligent or wrongful act or omission committed by Consultant or it's officers, agents or employees while performing services under this Agreement. Consultant's liability for professional negligence shall be limited to $1,000,000. As to events which occur during Consultant's performance of this Agreement, City shall hold Consultant harmless from and defend. Consultant against all claims, liability, damage, or loss arising out of any injury or death of any person or ~lamage to or destruction of property attributable to the negligent or willfully wrongful act or omission of City or its officers and employees, where the injury, death or damage is caused by the sole and active negligence or willful misconduct of City or City's employees. CONTRAC'rr PROVISIONS AG~ FOR PROFE~IONAL CON.VOLTING ~RVICI~ PA6'~ $ OF 7 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 Ownership of W0r.~. All documents furnished to Consultant by City and all reports and supportive data prepared by Consultant under this Agreement are City's property and shall be given to City at the completion of Consultant's services at no additional cost to City. Deliverables are identified in the Scope-of-Work, Attachment ~A*. Governing Law. Consultant shall comply with the laws and regulations of the United States, the State of California, and all local governments having jurisdiction over this Agreement. The interpretation and enforcement of this Agreement shall be governed by California law and any action arising under or in connection with this Agreement must be filed in a Court of competent jurisdiction in Mendocino County. Entire A~eemenI. This Agreement plus its Attachment(s) and executed Amendments set forth the entire understanding b~tween the parties. ~. If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. ~. No modification of this Agreement is valid unless made with the agreement of both parties in writing. i,~..~,_.~..~. Consultant's services are considered unique and personal. Consultant shall not assign, transfer, or sub-contract its interest or obligation under all or any portion of this Agreement without City's prior written consent. Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement shall be a waiver of. any other or subsequent breach of the same or any other covenant, term or condition or a waiver of the covenant, term or condition itself. ~. In the event a suit or action is instituted to enforce any of the terms and conditions' of this Agreement, the prevailing party shall collect, in addition to the costs and disbursements alloWed by statutes, such sums as the court may adjudge reasonable as attorney's fees in such suit or action in both trial and appellate courts. ~. This Agreement may only be terminated by either party: 1) for breach of the Agreement; 2) because funds are no longer available to pay Consultant for services provided under this Agreement; or 3) City has abandoned and does not wish to complete the project for which Consultant was retained. A party shall notifij the other party of any alleged breach of the Agreement and of the action required .to cure the breach.. If the non-breaching fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. If terminated for lack of funds or abandonment of the project, the contract shall terminate on the date notice of termination is given to Consultant. City shall pay the Consultant only for services performed and expenses incurred as of the effective termination date. In such event, as a condition to payment, Consultant shall provide to City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Consultant under this Agreement. Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, subject to off-set for any direct or consequential damages City may incur as a result of Consultant's breach of'contract. AG~ FOR PROFI~S~NAL CON~'~JLTING ~t, VK~ PAGE 6 OF 7 '/.!0 {.0 Duplicate Ori_tinal~. This Agreement may be executed in duplicate originals, each bearing the original signature of the parties. When so signed, ca'ch such document shall be admissible in administrative or,judicial proceedings as proof' of the terms of the Agreement between the parties. Any notice given under this Agreement shall be in writing and deemed given when personally delivered or deposited in the mail (ramified or registered) addressed to the patties as follows: CITY OF UKIAH EBA WASTECHNOLOGIES DEPARTMENT OF PUBLIC WORKS 825 SONOMA AVENUE, SUITE C 300 SEMINARY AVENUE SANTA ROSA, CALIFORNIA 95404 UKIAH, CALIFORNIA 95482 9.0 SIGNATURES written: IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above CITY OF UKIAH CANDACE HORSLEY- CITY MANAGER EBA WASTECHNOLOGIES BY: ATTEST CITY CLERK APPROVED AS TO FORM: · DA ATTACHMENTS A. Scope-of-Work and Work Schedule ATTACHNiT~T "A" SCOPE-OF-SERVICES AND WORK SCHEr~ULE A. Scope-of-Services Consultant agrees to provide those services needed to complete, to the reasonable satisfaction of the Regional Water Quality Control Board, North Coast Region, the work described in the approved and amended Work Plan for soil and groundwater investigation at the City of Ukiah Corporation Yard dated April 1998, including those items of work outlined in the letter from the California Regional Water Quality Control Board, North Coast Region, dated June 18, 1998, attached hereto. In general terms, this work involves the installation and sampling of six (6) borings, converting two (2) borings into 2" monitoring wells to a depth of 20 feet, development of the two (2) new monitoring wells, sampling of the two (2) existing, two (2) monitoring wells, and preparation of a Report of Findings with conclusions and recommendations for additional work. Consultant has provided a Revised Cost Estimate Summary dated July 10, 1998, which provides estimated costs for the various phases of work required by the approved and amended Work Plan. The estimated cost of each item of work is provided for reference only and the itemized costs are not cost maximums for the indicated work item. Consultant shall be compensated in accordance with Paragraph 4.0 of the Agreement. B. Work Schedule The Consultant shall complete the work of the Agreement to facilitate a submittal of the Report of Findings to the North Coast Regional Water Control Board no later than October 30, 1998., .. A: 1 ~.GREEM ENT.2 EBA AGR.EIDAENT FOR PROFF...~IONAL CONSULTING SERVICES PAGE 8 OF 7 O ETTt~CI-t M EKI T Z 0 Item No. Date: September 4, 2002 AGENDA SUMMARY REPORT SUBJECT: NOTIFICATION OF PURCHASE FROM THE KAMAN CO. FOR ONE ELECTRONIC BEARING MONITOR IN THE AMOUNT OF $6,308.45 This report is to comply with Section 1522 of the City Code regarding notification to the Council for acquisition of supplies costing more than $5,000, but less than $10,000. The Wastewater Treatment plant has over 50 pumps and associated motors ranging in size from ½ to 65 Horsepower. Some of these run 24 hours a day, 365 days a year. Preventive and predictive maintenance of the pump and motor bearings are crucial to operation. A Bearing Monitor, through sophisticated electronics, senses vibrations or pulses given off by the bearings, interprets the readings, and on simple scale tells the operator the condition of the bearing. Good, Bad or showing signs of wear. This allows Staff to plan ahead for maintenance and replace equipment prior to catastrophic failure. Staff determined that the SPM Bearing Monitor was most appropriate for the treatment plant operation. Through the informal bidding process, in conjunction with the Purchasing Department, bids were received from three vendors: $6,623.76 from SPM, $6,623.76 from Torrington Co., and $6,308.45 from Kaman Co. There are no suppliers of this product located in Mendocino County. The monitor was purchased from Kaman Co., the Iow bidder RECOMMENDED ACTION: Receive and file notification. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Prepared by: Coordinated with: Attachments: N/A Jerry Gall, Wastewater Treatment Supervisor Darryl L. Barnes, Director of Public Utilities and Candace Horsley, City Manager None APPROVE D: (_.~,~~¢--.~~~..._~_ _ Candace Horsloy, City~anager AGENDA SUMMARY ITEM NO. 6o DATE: SEPTEMBER 4, 2002 REPORT SUBJECT: APPROVAL OF BUDGET AMENDMENT AND REPORT TO COUNCIL REGARDING PURCHASE OF PLATFORM DUMP BODY FROM RIVER CITY TRUCK AND EQUIPMENT IN THE AMOUNT OF $6,032.81 The Parks Department is in need of a dump truck to improve its operational efficiency, and in this year's budget $25,000 is authorized to be set aside for the future purchase of such a vehicle (attachment #2). The Street Maintenance Department is currently surplusing a used truck which is suitable for Parks, yet the cab and chassis it secured last year requires a new platform dump body to complete this replacement. However, the purchase of a platform body by Street Maintenance, was not specifically identified in the current budget. Even though adequate funds are available in the equipment replacement fund for both departments, an amendment to the budget authorizing the expenditures is necessary. This project will result in meeting the needs of both departments and result in substantial cost savings to the City. The Street Maintenance Department, in conjunction with the Purchasing Department, has completed an informal bid process to purchase a platform body. Requests For Quotations (RFQs) were sent to seven vendors and two bids were received. There are no vendors for this product in the Ukiah valley. River City Truck and Equipment, Sacramento, was the Iow bidder at a cost of $6,032.81. If the budget amendment is approved, the purchase will be consummated. This report will serve as compliance with Section 1522 of the City Code regarding notification to the Council for acquisition of supplies costing more than $5,000, but less than $10,000. RECOMMENDED ACTIONS: 1. Approve amendment to the 2002/2003 budget authorizing: a) expenditure of $6,033 in account 698.3110.800.000 to purchase platform dump truck body by Street Maintenance Department, and b) expenditure of $6,033 in account 698.6001.800.000 and revenue of $6,033 in account 698.0900.905.311 to reflect Parks purchase of and payment to Street Maintenance for surplus dump truck; 2. Receive report regarding acquisition of platform dump body from River City Truck And Equipment in the amount of $6,032.81. ALTERNATIVE COUNCIL POLICY OPTIONS: Determine budget amendment is not appropriate, take no action to approve, and provide direction to Staff regarding alternative purchase option. Citizen Advised: N/A Requested by: Street Maintenance and Parks Departments · "~ f"~ t Prepared by: Michael F. Harris, Risk ManagedBudget Officer ~ i.-~~ Coordinated with: Larry DeKnoblough, Community Services Director, Jim' Looney, Public Works Superintendent, and Candace Horsley, City Manager Attachments: 1. Budget amendment worksheet, page 1; 2. Excerpt from adopted Parks budget, page 2. APPROVED:(~~.. Candace Horsley, City~lanager mfh:asrcc02 0904Platform Eooo g · .1~ 0 I- Z U.I ITEM NO. 8(a) DATE: September 4, 2002 AGENDA SUMMARY REPORT SUBJECT: CONTINUATION OF PUBLIC HEARING FOR THE DANCO BUILDERS / SHAPIRO GENERAL PLAN AMENDMENT AND REZONING PROJECT SUMMARY: The Planning Commission recently approved the Danco Builders 64-unit affordable housing project west of the railroad tracks south of Gobbi Street. The project design included the development of an access road from Gobbi Street rather than using Porzio Lane. To facilitate the design and construction of this new road, the applicants and an adjoining property owner have applied for a Boundary Line Adjustment, General Plan Amendment, and Rezoning. The General Plan Amendment and Rezoning are necessary to designate and zone the land for the road to be consistent with the designation and zoning of the parcel to be developed with apartments. Subsequent to the Boundary Line Adjustment, the new access road and apartments will be situated on the same parcel. The General Plan Amendment and Rezoning were publicly noticed for consideration by the City Council at its September 4, 2002 meeting. However, this scheduling was premature, because the Boundary Line Adjustment (BLA) must be approved and finalized before the properties can be redesignated and rezoned. Accordingly, Staff, with the concurrence of the applicants is requesting that this item be continued to allow the BLA process to be completed. Once the BLA process is finalized, Staff will renotice the General Plan Amendment and Rezoning for a public hearing and action by the City Council. RECOMMENDED ACTION: Continue the Danco Builders / Shapiro General Plan Amendment and Rezoning proposal, and direct Staff to renotice the project when a meeting date is selected. ALTERNATIVE COUNCIL POLICY ACTION: Do not continue the project, and provide direction to Staff. Citizen Advised: Publicly noticed according to the requirements of the Ukiah Municipal Code Requested by: Danco Builders - Dan Johnson, and Mike Shapiro, Property Owner Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager Attachments: None APPROVED: ~.~'~ Candace Horsley, City Manger AGENDA ITEM NO: MEETING DATE: 9a September 4, 2002 SUMMARY REPORT SUBJECT: PRESENTATION REGARDING PEDESTRIAN SAFETY The City is aware of the growing concern within our community regarding increased vehicle traffic and the related safety issues. While the majority of complaints received are speed related, various other minor traffic violations also seem to be increasing. These include unsafe lane changes, failure to signal, u-turns in restricted areas and bicycle and pedestrian violations. If this pattern of behavior by some drivers, bicyclists and pedestrians continues unchecked, we believe the City will experience an increase of motor vehicle accidents and injuries. In response, the City IVlanager requested the Police and Public Works Departments to develop a strategy to improve our pedestrian safety through enforcement, education, and enhanced road features. Police In response to this concern, the Police Department initiated a traffic enforcement program that should have a positive impact on traffic safety within the city. Since the City does not have additional officers available to be specifically assigned to full time traffic enforcement, this program is dependent upon patrol officers and the Community Response Team (CRT) having available time to focus on violations. (Continued on page 2) RECOMMENDED ACTION: Receive presentation. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Candace Horsley, City Manager John Williams, Police Chief Diana Steele, Director of Public Works and City Engineer 1, Photos of crosswalk markings Candace Horsley, C~'ty'~nager CAN/ASR. Crosswalks. 090402 The program consists of data collection, public education and enforcement. The CRT has been assigned the task of collecting data and overseeing the program. When a particular area or concern has been identified either by the public or by officers, this information is relayed to CRT who maintains a list of problem areas. A notification is made to the Ukiah Daily ,1ournal regarding the area where enforcement will be taken against traffic violators. The radar trailer is placed in the area for a period of time. After its removal patrol officers begin enforcement action. While it is not necessary to notify the UD.1 or place the radar trailer, our intent is to educate the motoring public and solicit their voluntary compliance. This process will not prevent officers from taking other enforcement action when witnessing violations or in other well-known high traffic areas. ~[f the identified traffic problem is other than speed, CRT will notify patrol officers of the specific concern and officers will focus enforcement action at that location. Bicycle and pedestrian violations are included in this program. The CRT is attempting to re-instate the bicycle safety classes for juvenile bicycle offenders. Once started, juveniles who are cited for violating bicycle traffic laws have an opportunity to attend a safety class sponsored by Ukiah Police. After attending the class the citation is dismissed. Adult violations are handled in the same manner as vehicle citations and are referred to court. CRT will continue to plan and implement crosswalk and other pedestrian enforcement operations. This has been a successful deterrent in the past. We hope to expand the program by including educational announcements through local news media outlets and presentations at local schools. Our goal is to not only educate motorists regarding pedestrian safety but also the pedestrians. With proper technique and awareness even the busiest streets can be traversed safely. Although short-term success of this program will be difficult to judge, statistical data should provide some idea of its value. Whenever the Department is faced with a shortage of personnel due to vacancies, sickness, training, and vacations, etc. it will be difficult to maintain consistency, increasing numbers of calls for service impact the time available for officers to spend in traffic enforcement. This being said, we recognize the worsening traffic problem as a priority and will continue to seek reasonable solutions to minimize the negative impact. Public Works The Public Works Department has an ongoing program of maintaining the markings which establish crosswalks throughout the City. At some heavily traveled locations painted crosswalk markings are being replaced with thermoplastic because it is more durable. At several locations, identified by staff or by citizens, white or yellow "high visibility" crosswalks have been installed. These crosswalks are different in that a cross-hatched pattern covers approximately 1/2 of the walking surface creating increased contrast from the pavement. Locations considered for high visibility crosswalks include crossings of arterial streets and high volume collectors with three or more lanes and speeds of 30 mph and greater, at higher volume pedestrian crossings, at crossings for schools and other similar facilities, and at mid-block and non-signalized crossings of high volume streets. White high-visibility crosswalks are located at: · East Perkins Street at Mason Street · East Perkins Street at Leslie Street · East Perkins Street at Warren Drive · South State Street at Freitas Avenue · East Gobbi Street at Leslie Street · South Dora Street mid-block between Observatory and Washington Avenues near Ukiah Medical Center There are also yellow high-visibility mid-block school crossings serving: · Oak Manor School at Orchard Avenue and Gibson Creek · Oak Manor School at Oak Manor Drive · Ukiah High School at Low Gap Road near the cemetery at County General Services · Nokomis School on Washington Avenue · Yokayo School at 247 Gardens Avenue · Senior Center on Leslie Street The City continues to require the installation and/or repair of sidewalks as conditions of development when appropriate and has recently implemented its revised Homeowners Sidewalk Construction Reimbursement program. The City has an ongoing program to construct ADA accessible ramps along critical routes and actively pursues S'I'~P funding for these. A continuous and unobstructed sidewalk system contributes to pedestrian safety. High Visibility Crosswalk on Perkins Street at Warren Drive City Street Crews routinely enhance crosswalk markings. AGENDA 1TEM NO: 9b MEETING DATE: September 4, 2002 SUMMARY REPORT SUB3ECT: APPROVAL OF ESTABLISHMENT AND PARTIC]:PATION IN THE RUSSIAN RIVER WATERSHED ASSOCIATION The City was originally contacted by the Sonoma County Water Agency (SCWA) regarding the organization and formation of a Russian River Watershed Association. The cities and water districts of the Bay Area formed a North Bay Watershed Association (NBWA) several years ago, which was created to help local and regional public agencies work cooperatively on water resources issues that impacted areas beyond traditional boundaries, and to promote stewardship of the North Bay Watershed. Agencies participated in the NBWA to discuss issues of common interest, explore ways to work cooperatively on water resources projects of regional concern, and share information about projects, regulations, and technical issues. There are 15 member agencies within the NBWA, and it has proven to be a very successful conduit for water quality, habitat and flood protection, and resource management. (Continued on page 2) RECOMMENDED ACTION: Discuss and provide direction to staff. ALTERNATI'VE COUNCIL POLICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Candace Horsley, City Manager N/A 1. Russian River Watershed Association: Executive Summary Draft Memorandum of Understanding Supplemental Notes Approved' '.~~L~~~ Candace Horsley, City)~anager 4:CAN/ASR. RRWatershedAssoc.090402 The goals of the Russian River Watershed Association would be: First, bring together cities and local agencies to work cooperatively and effectively on issues of common interest. Second, be proactive on watershed-based regulation, which increasingly affects areas beyond traditional political boundaries. Third, work cooperatively to increase eligibility for watershed based funding. Fourth, maximize effective use of resources. Fifth, enhance the Association's influence on local, state, and federal policies and programs. And sixth, educate communities about the importance of watershed stewardship. On August 15, 2002, various Sonoma and Mendocino County city and county representatives met to discuss the draft Memorandum of Understanding (MOU) regarding this Association. Each party of the MOU would be a local government entity functioning within the watershed of the Russian River. County membership will represent individual water districts. A draft Memorandum of Understanding creating the Russian River Watershed Association is attached for your review and comment. Several changes were made by the committee and are in the underlined, strikeout version that is attached. Also included is a supplemental note section from the meeting, which describes the types of members, the Board of Directors, the officers and the annual budget and work plan for the Association. Costs associated with being a Board member or an agency member would include a $5,000 start-up implementation fee. The annual budget beyond the first year would consist of overhead and programs of general benefit to all member agencies that would be paid for by dividing half of the costs equally among member agencies and the other half allocated in proportion to each member agency's operating budget. Programs that are of specific benefit to one or more member agencies would be paid for by the benefiting agencies in proportion to the benefit they receive. Annual dues in excess of these proportion costs may be assessed upon approval by the Board. Representatives from the County of Mendocino and the City of Ukiah were in attendance at the initial committee meeting. At my request, the !nland Water and Power Commission (!WPC) has also been included on the list as a potential Board member, to give three votes to the Mendocino County area. ! have given all of the materials regarding the Association to the !WPC and they will be discussing this item at their September meeting. Staff is requesting Council's review of the enclosed materials and discussion of whether the City of Ukiah will be a participating public agency of this Association. Staff feels that there are many benefits to being a participating, voting member of this watershed partnership, which would assist the City in the many areas of water projects and concern that we will have in the very near future. Public Agency Association for the Russian River Watershed July 11, 2002 EXECUTIVE SUMMARY The Sonoma County Water Agency is'asking cities, towns and special districts in the Russian River watershed to consider participating in development of an association of regulated public agencies with jurisdiction in the Russian River watershed. The proposed association is needed to address a trend in state and federal agencies toward a watershed approach to regulatory requirements. Participation in the association would provide local government agencies an opportunity to work cooperatively with other agencies in the Russian River watershed on issues of common interest such as Total Maximum Daily Load regulations (TMDLs), Endangered Species Act compliance (ESA), habitat restoration, water reuse, National Pollutant Discharge Elimination System (NPDES) permits and studies, pollution prevention, source water protection, public education and other required activities. The association would allow local governments to: · Work cooperatively and effectively with other agencies on watershed based regulations and issues. · Explore coordinated efforts on projects in order to leverage limited funding and resources; decreasing costs and increasing the impact of projects. · Maximize success in securing state and federal grant funding for new watershed programs. · Efficiently share information about projects, regulations, and technical issues. The association of public agencies in the Russian River watershed would supplement existing local government programs, allow local governments to respond to regulatory requirements collectively at reduced cost, increase eligibility for grant funding and provide a stronger voice to speak for regional priorities with federal and state agencies and legislative bodies. In order to form this association and develop and proceed with programs to be addressed by the association, mayors, council members and city managers are asked to consider the following actions: 1 ) Schedule an appointment to discuss formation of this association with your board or council as an informational item, 2) Invite a staff member and council member to be key contacts for developing the association and authorize these individuals to start meeting regularly to discuss formation of the association, 3) Review the draft Memorandum of Understanding (MOU) for the association, obtain legal review if necessary, and provide input on any proposed revisions to the document, and, 4) Take steps to secure approval from your Council or Board to sign the MOU, become members of the association and appoint your board member and alternate board member to the association board of directors. The Watershed Approach Regulatory agencies that set requirements for local governments are increasingly focusing on managing watersheds, which are generally defined as the area draining to individual surface water bodies such as rivers, creeks and lakes. The U. S. Environmental Protection Agency (EPA) has established guidance for National Pollutant Discharge Elimination System (NPDES) permitting based on a watershed approach. In addition, the anticipated reauthorization of the Clean Water Act (CWA) may require use of a watershed approach. The State of California's Water Resources Control Board (SWRCB) and the nine Regional Water Quality Control Boards (RWQCB) have developed a Watershed Management Initiative (WMI) to achieve the goal of geographically targeted permitting. Water resource management decisions are best made on a watershed basis that takes into consideration a variety of environmental, political, institutional, social, technical, economic, and public positions related to proposed regulatory actions, as well as the related needs for water and land resource uses in watersheds. Focusing management decisions on an entire watershed balances efforts to control pollution and protect drinking water sources and sensitive natural resources. A watershed focus also helps identify cost-effective pollution control strategies to meet clean water goals. Benefits of Participating in the Watershed Process Responding to and complying with watershed-based regulations can be done more effectively and more efficiently under an organizational structure that spans the watershed. Though no one local governmental body has jurisdiction over the entire Russian River watershed, an association of governmental organizations in the watershed could 1) improve communication between member agencies and regulatory entities, 2) reduce the time and expense required to comply with regulations through cost sharing, and, 3) provide a united effort in addressing watershed issues with regulatory agencies and legislative bodies. Local government agencies would benefit financially from participation in the association by sharing the cost incurred to comply with regulations, and avoiding or reducing the duplicative overhead cost of developing and implementing separate programs in each city, town or agency. Cost savings could include reduced expenses for baseline studies and the ability to reduce staff and consultant costs by drawing on the expertise of staff from participating agencies. An additional benefit would accrue from the increased eligibility for watershed-based funding that may be available to the association. Individual cities and agencies will find it increasingly difficult to compete for grant funding without a regional framework that supports grant applications based on watershed priorities. Both state and federal funding sources favor watershed based groups and projects when making funding decisions. Potential sources of funding include the Clean Water Action Plan, the California Coastal Salmon Recovery Program, Water Resources Development Act Section 503, Clean Water Act programs, Safe Drinking Water Act programs, and funds made available by statewide water and parks bond initiatives. Many of these programs provide a portion of the total project cost and require local agencies to generate additional funding from operating budgets or other sources. Association members can pool resources to provide these required matching funds for grant applications. Issues Affectinq Local Governments Within the Watershed Activities of local government agencies, regardless the charge of the agency, are regulated under many of the same regulations and statutes (see Table 1). A few examples of issues within the Russian River watershed that affect agencies participating in the proposed association include: Total Maximum Daily Loads (TMDLs): The RWQCB designates beneficial uses for the protection of surface and ground water quality based on historic water use. Beneficial uses of water resources include drinking and irrigation water supplies, habitat, recreation, transportation, and aesthetics. Water bodies with pollutant levels high enough to negatively impact a beneficial use are designated as "impaired water bodies" with respect to those particular pollutants. Section 303(d) of the CWA requires California to develop a list of impaired surface water bodies throughout the state and to submit the list to EPA for approval. It further requires that TMDLs be developed for each of these water bodies to control and limit the discharge of the listed pollutant. Placement of a water body on the 303(d) list acts as the trigger for developing a pollution control plan, called a TMDL. The Russian River was listed as impaired under section 303(d) for sediment in 1998. Currently proposed 303(d)listings for streams in the Russian River watershed include pathogens, temperature, nutrients and dissolved oxygen. NPDES Permit Issues: National Pollutant Discharge Elimination System permits are required for storm water discharge under EPA rules. New Phase II permit requirements expand the requirements of the current program to smaller communities than did the Phase I program. Operators of Phase II regulated facilities are required to apply for NPDES permit coverage by March 10, 2003 and are required to implement storm water pollution prevention plans (SWPPPs) or storm water management programs (both using best management practices (BMPs)) that effectively reduce or prevent the discharge of pollutants into receiving waters. Endangered Species Act Compliance: Three salmonid species found in the Russian River and tributaries are listed as threatened under the federal Endangered Species Act. State and federal agencies are currently working with local agencies to develop a recovery plan for these species and a federal-local consultation under Section 7 of the ESA is also in progress. The agencies expect to complete a biological assessment in the spring of 2003 to be followed by a biological opinion which is expected to be issued by the National Marine Fisheries Service in September of 2003. The federal biological opinion and the requirements of the species recovery plans may require important changes in utility and storm water operations and other activities of local cities and agencies. Water Reuse: The disposal and use of treated wastewater is an issue that affedts nearly all communities within the Russian River watershed. Wastewater treatment facilities are restricted by seasonal discharge requirements and by restrictions on the allowable uses for recycled water. At the same time, tightening standards under the California Toxics Rule and other regulatory programs are making it increasingly desirable for sanitation agencies to eliminate surface water discharges. Progress in water reuse is to some extent dependent on the ability of public agencies to develop cooperative programs to link sources of recycled water with cost effective projects that use recycled water to offset potable use or reduce extraction of water from natural streams or limited groundwater basins. The North Bay Watershed Association as an Example The North Bay Watershed Association (NBWA) was organized in July of 2000 for purposes similar to those described for the proposed Russian River association. Fifteen public agencies are currently members of NBWA including the City of Petaluma, the City of Sonoma, the County of Sonoma and the Sonoma County Water Agency along with other agencies and local governments in Marin and Napa counties. The NBWA Board of Directors meets monthly and manages a fiscal year 2001-02 budget of about $339,000 with about $268,000 devoted to specific projects including regional water recycling, mercury source identification and control plans, coordination of non-point source NPDES efforts, stream erosion prevention and sediment control demonstration projects and other specific benefit projects. Overhead costs for fiscal year 2001-02 were 12.5%. Costs for NBWA projects that benefit all members are allocated to member agencies such that one half of the cost is divided equally among member agencies and one half is allocated to member agencies in proportion to the member agency's annual operating budget. Costs for special benefit projects are allocated to member agencies in proportion to the benefit received by each agency as determined by the NBWA Board of Directors. NBWA has set fixed dues for the first year of participation and for new members who join part way through a fiscal year at $5,000. Next Steps Staff are asking those considering participation in the proposed association of public agencies in the Russian River watershed to take the following actions: 1. Schedule an appointment to discuss formation of this association with your board or council as an ~nformational item. 2. Invite a staff member and council member to be key contacts for developing the association. Authorize these individuals to start meeting regularly to discuss formation of the association. 3. Review the draft Memorandum of Understanding (MOU) for the association, obtain legal review if necessary, and give us your input on any proposed revisions to the document. 4. Take steps to secure approval from your Council or Board to sign the MOU, become members of the association and appoint your board member and alternate board member to the association board of directors. DRAFT MEMORANDUM OF UNDERSTANDING CREATING THE ASSOCIATION OF PUBLIC AGENCIES IN THE RUSSIAN RIVER WATERSHED This Memorandum of Understanding (MOU) is made and entered into by and between the parties that are signatories to this MOU, listed in Exhibit A attached hereto and incorporated by reference. Section A. Recitals: 1. Each of the parties to this MOU is a local government entity functioning within the watershed of the Russian River. 2. The parties desire to establish a watershed association in order to facilitate partnerships across political boundaries that promote the ecological vitality of the Russian River watershed. 3. It is to the parties' mutual advantage and benefit to develop and implement cooperative restoration and protection efforts throughout the watershed and promote a regional alliance that supplements local government programs. 4. The parties hereto plan to develop joint proposals for funding and to obtain public support for local, state, federal, and other funding opportunities for programs that implement the mission and goals of the Association. 5. The parties hereto recognize the value of using common resources effectively. 6. The parties hereto desire to be proactive on watershed-based regulatory issues which affect areas beyond traditional political boundaries. 7. The parties hereto desire to educate the communities in the Russian River watershed about the importance of watershed stewardship. 8. The parties hereto wish to coordinate on local, state and federal policies and programs. 9. The parties hereto find that promoting the stewardship of the Russian River watershed resources is in the public interest and for the common benefit of all within the Russian River watershed. 10. The parties recognize that there are current and future regulatory requirements which apply to water resources in the Russian River watershed affecting one or more of said parties, and that these multiple regulatory requirements may be conflicting whenever one party's response to a regulatory requirement affects other requirements and/or parties. The parties agree to share information and coordinate efforts to comply with said regulatory requirements. Association of Russian River Public Agencies- Revised I 08/15/02 DRAFT Section B. General Provisions. 1. Definitions. As used in this MOU, the following words and phrases shall have the meanings set forth below unless the context clearly indicates otherwise. (a) "MOU" shall mean this memorandum of understanding establishing the Association of Public Agencies in the Russian River Watershed. (b) "Association" shall mean the Association of Public Agencies in the Russian River Watershed. (c) "Board of Directors" shall mean the governing board established pursuant to this MOU. (d) "Member" or "Members" shall mean the local and/or regional public agencies regulated under the Clean Water Act, 33 U.S.C. § 1251 et seq., the federal Safe Drinking Water Act, 42 U.S.C. § 300f et seq., and/or the state Safe Drinking Water Act, Health & Safety Code § 116275 et seq., that operate within or have jurisdiction over any area within the boundaries of the Association, and that are signatories to this MOU. (e) '~/Vatershed" shall mean the entire Russian River watershed. A map depicting the boundaries of the Association is attached hereto and incorporated herein as Exhibit B. 2. Purpose. This MOU is being entered into in order to establish the Association of,Public Agencies in the Russian River Watershed to carry out the mission, goals and objectives stated herein and as stated in the mission and goals attached hereto and incorporated herein as Exhibit C. 3. Establishment of the Association. There is hereby established the Association of Public Agencies in the Russian River Watershed ("Association"). Al,h,.,, ,,-,h ,.hC ;,.,;,;~ f,..,,.., ,o ,.,f ,h,-, ~ o~-,-,,-.;~,;,-,,., ,,;m h,~ O"' thc °'"' ,,h.-.,-,., ,-, ,-, m l ,-, ,-, ,.,f thC. ................ m_.l :,,~ geographic boundaries of the Association shall be the entire Russian River watershed (see Exhibit B). 4. Association Membership. The Association shall have three categories of members, as follows: (a) Member. Any local and/or regional public agency regulated under the Clean Water Act, 33 U.S.C. § 1251 et seq., the federal Safe Drinking Water Act, 42 U.S.C. § 300f et seq., and/or the state Safe Drinking Water Act, Health & Safety Code § 116275 et seq., that operates within or has jurisdiction over any area within the boundaries of the Association may be a Member of the Association. Each Member must be a signatory to this MOU, and shall be entitled to one vote. (b) Associate Member. Any association, stakeholder, organization, private group, or public agency supportive of the purposes of this Association may be an Associate Member of the Association to serve in an advisory capacity to the Association. The Board of Directors shall set the conditions and privileges of membership for Associate Members, and these conditions and privileges shall not be inconsistent with the terms of this MOU. Associate Members are not entitled to vote, and their membership is at the will of the Board of Directors. (c) Ex Officio Member. State and federal agencies with regulatory authority over or an interest in the Watershed may participate as ex officio members of Association of Russian River Public Agencies - Revised 2 08/15/02 DRAFT the Association to serve in an advisory capacity to the Association. The Board of Directors shall set the conditions and privileges of ex officio membership for state and federal agencies. Ex officio members are not entitled to vote, and their membership is at the will of the Board of Directors. 5. Membership of the Board of Directors. (a) The governing body of the Association shall be a Board of Directors consisting of a representative from each Member agency. The governing board of each of the Member agencies shall appoint one representative and one alternate representative. (b) If the total number of Member agencies exceeds seventeen (17) M, ember agencies, the Members may vote to create an Executive Board of Directors with duties to be specified when the Executive Board of Directors is formed.smaller tha~. !7 members. The Members may decide the composition, terms of office, method of appointment and number of representatives on the Executive Board of Directors, but the Executive Board of Directors shall consist of at least five (5) members. The Members will strive to reflect on the Executive Board of Directors the variety and diversity of Member agencies. The vote to create an Executive Board of Directors must be by a four-fifths majority a una"imous vote of all Members of the Association. If the Members decide to establish an Executive Board of Directors under this Section, each Member which is not represented on the Board of Directors shall continue to appoint one representative and one alternate to be that Member's representative to the Association and to cast votes on behalf of the Member agency when a vote of the membership is required. All references herein to "Board of Directors" shall include the Executive Board of Directors. 6. Voting Requirements. (a) Each member of the Board of Directors of the Association shall have one vote.. With the exception of the items set forth in subsections (b) and (c) below and as otherwise specified herein, if a quorum is present, the affirmative vote of the majority of members of the Board of Directors present is required to approve any item. In addition to conducting the regular business of the Association and to any authority outlined in the Association's bylaws, the Board of Directors may award, modify or accept work under any contract in an amount not to exceed $10,000 by majority vote. (b) A two-thirds majority vote of all Member agencies shall be required to adopt or modify the budget, award, modify or accept work under any contract in excess of $10,000, grant any licenses or permits, accept any interest in land, and adopt or modify the by-laws of the Association. (c) A maiority unanimousvote of the governing bodiesy of four-fifths ofeaeh the Member agenciesy shall be required to modify this MOU. 7. Quorum. A majority of the members of the Board of Directors shall constitute a quorum for purposes of transacting business, except less than a quorum may vote to adjourn a meeting. 8. Terms of Office. Each member of the Board of Directors shall serve at the pleasure of his or her appointing body and may be removed as a member of the Board of Directors by the appointing body at any time. If at any time a vacancy occurs on the Association of Russian River Public Agencies - Revised 3 08/15/02 DRAFT Board of Directors, a replacement shall be appointed by the Member agency to fill the unexpired term of the previous representative within ninety (90) days of the date that such position becomes vacant. 9. Alternates. Alternate representatives to the Association shall be empowered to cast votes in the absence of the regular member or, in the event of a conflict of interest preventing the regular member from voting, to vote because of such a conflict of interest. 10. Officers of the Association. The Board of Directors of the Association shall elect a Chair, a Vice-Chair and such other officers from the Board of Directors, as the Board of Directors deems appropriate. In electing a Chair and Vice-Chair, the Board of Directors shall encourage the election of individuals who are elected officials of the Member agencies. Such officers shall serve for a term of one (1) year unless sooner terminated at the pleasure of the Board of Directors. The duties of the Chair and Vice- Chair are as follows: (a) Chair. The Chair shall represent the Board of Directors and, subject to the approval of the Board of Directors, oversee and carry out the affairs of the Association and the activities of the officers of the Board of Directors, the staff, and consultants. The Chair shall perform all duties incident to the office and such other duties as may be required to carry out this MOU or which may be prescribed from time to time by the Board of Directors. (b) Vice-Chair. The Vice-Chair shall serve as the Chair in the absence of the regularly-elected Chair. In the event both the Chair and Vice-Chair are absent from a meeting which would otherwise constitute a quorum and a temporary Chair was not. designated by the Chair at the last regular meeting, any Board member may call the meeting to order, and a temporary chair may be elected by majority vote to serve until the Chair or Vice-Chair is present.. .. 11. Treasurer and Controller. The controller and the Treasurer of the Association shall be the financial officer or functional equivalent of one of the Member agencies, with the consent of the Member Agency, and shall be designated Treasurer and controller of the Association by a two-thirds majority vote of the Association. The Treasurer of the Association shall be the depositor and shall have custody of all money of the Association from whatever source. The controller of the Association shall draw warrants to pay demands against the Association when the demands have been approved by the Association or by its authorized representative pursuant to any delegation of authority authorized by the Association. The controller shall cause an independent annual audit of the Association's finances to be made by a certified public accountant. The governing body of the same Member agency as the Treasurer and controller may determine charges to be made against the Association for the services of the Treasurer and controller. Payment of these charges shall be subject to the approval of the Board of Directors. 12. Clerk and Legal Counsel. The Board of Directors of the Association may appoint a clerk and legal counsel, as it deems appropriate. The clerk and/or legal counsel may be appointed from the staff of one of the Member agencies, with the Association of Russian River Public Agencies- Revised 4 08/15/02 DRAFT consent of the Member agency. If the clerk and/or legal counsel is appointed from the staff of one of the Member agencies, the governing body of that Member agency may determine charges to be made against the Association for the services of the clerk and/or legal counsel. Payment of these charges shall be subject to the approval of the Board of Directors. 13. Executive Director. The Board of Directors of the Association may appoint an Executive Director who shall be responsible to the Board of Directors for the proper and efficient administration of the Association as directed by the Board of Directors pursuant to the provisions of this MOU or of any resolution or order of the Board of Directors. The Executive Director may be appointed from the staff of one of the Member agencies, with the consent of the Member agency. If the Executive Director is appointed from the staff of one of the Member agencies, the governing body of that Member agency may determine charges to be made against the Association for the services of the Executive Director. Payment of these charges shall be subject to the approval of the Board of Directors. The Executive Director serves at the will of the Board of Directors, and must give at least thirty (30) day's notice if he or she chooses to resign from the position. In addition to any other duties that may be assigned, the Executive Director shall have the following authority: (a) to carry out action and direction from the Board of Directors as necessary; (b) under the policy direction of the Board of Directors, to plan, organize and supervise Association activities; (c) to authorize expenditures within the designations and limitations of the budget approved by the Association; and (d) to make recommendations to and requests of the Board of Directors concerning any matter which is to be performed, done or carried out by the Board of ' Directors. 14. Staff and Consultants. Through a Member agency, the Association may employ or contract for any staff, including Executive Director, or consultants as may be reasonably necessary to carry out the purposes of this MOU. If an employee from any Member agency performs staff or consulting work for the Association, the governing body of that Member Agency may determine charges to be made against the Association for the services of that employee. Payment of these charges shall be subject to the approval of the Board of Directors. 15. Annual Work Plan. Within ninety days after the first meeting of the Board of Directors, and each year by January 1, the Association shall prepare an annual work plan describing the work to be done by the Association in the ensuing fiScal year. The work plan shall segregate all work of the Association into two categories: overhead and programs. Work falling into the category of programs will be further segregated into sub-categories: programs of general benefit to all Member agencies and programs of specific benefit to one or more Member agencies. For each program, the work plan will set forth information including the following: (a) the purpose of the program; (b) the method by which the program will be carried out; (c) the products to be produced by the program; Association of Russian River Public Agencies- Revised 5 08/15/02 DRAFT (d) the schedule for carrying out the program; (e) the responsibility for carrying out the program; and (f) the budget for the program. The work plan will be prepared in three parts. Part A shall consist of the information on overhead. Part B shall consist of the information on programs of general benefit to all Member agencies. Part C shall contain the information on the programs of specific benefit to one or more Member agencies. 16. Annual Budget. Within ninety days after the first meeting of the Board of Directors of the Association, and thereafter prior to the commencement of each fiscal year (defined as July 1 through June 30), the Board of Directors shall adopt a budget for consideration and approval by the Association for the ensuing fiscal year. The budget shall include, but not be limited to, the following parts, with funding sources identified: Part A of the budget shall set forth the cost of overhead and the allocation of overhead cost among Member agencies; Part B of the budget shall set forth the cost of programs of general benefit and the allocation of costs of such programs among Member agencies; Part C of the budget shall set forth the cost of programs of specific benefit to one or more agencies and the allocation of costs among participating agencies. 17. Allocation of Costs. (a) Costs for work described in Parts A and B of the annual work plan shall be allocated equally among each of the Member agencies as follows: (i) One half of these costs shall be allocated equally among each of the Member agencies; (ii) One half of these costs shall be allocated among Member agencies in proportion to each agency's annual operating budget as defined by the Board of Directors. (iii) the allocation of costs to Associate Members for work described in Parts A and B of the annual work plan shall be determined by the Board of Directors on a case-by-case basis. (b) Costs for work described in Part C of the annual work plan shall be allocated among those agencies participating in the programs in direct proportion to the benefits received by each agency in a manner established by the Board of Directors at the time each program of specific benefit is approved or revised. 18. Dues and Allocated Costs. The Board of Directors shall have the authority to assess initial dues for members and annual dues for associate and ex officio members --~,-~, ~--,~,--~o~,;,- ,-~,--,,,--,, not to exceed $ 5 000. The Board of Directors shall also have the authority to assess each Member and Associate Member for costs set out in the annual budget, adopted pursuant to Section 16, and consistent with the allocation of costs, adopted pursuant to Section 17. Members who join part way through a Fiscal year will be assessed dues, not to exceed $ : 5,000, for their Part A and Part B allocation of costs. For their Part C allocation, for projects of specific benefit to the Member, in which the Member elects to participate, the Member will be assessed on a case by case basis. 19. Termination of Membership. Association of Russian River Public Agencies - Revised 6 08/15/02 DRAFT (a) Causes. The membership and rights of membership shall terminate on the occurrence of any of the following causes: (1) the voluntary resignation of a Member with notice as prescribed by Section 19(b) below; (2) the nonpayment of dues or assessments subject to the limitations set forth in Section 19(¢) below; or (3) the occurrence of an event which renders an entity no longer eligible for membership, as determined by the Board of Directors. (b) Resignation by Giving Notice. The membership of any Member of the Association shall automatically terminate on such Member's written request for termination delivered to the Chair of the Board of Directors. 8uoh notice shall be given at least sixty (60) days before the effective date of such resignation. There shall be no refund of any dues or assessments upon such resignation. (0) Nonpayment of Dues or Allocated Costs. Any Member, which fails to pay its dues or allocated costs when due and within one hundred and twenty (120) days thereafter shall terminate its membership at the end of such one hundred and twenty (120) day period. Termination is effective upon the majority vote of the Board of Directors. Such Member shall be given fifteen (15) day's prior written notice of the termination stating the reasons therefore. The notice shall be given personally to such Member or sent by first-class mail to the last address of such Member as shown on the records of the Association. (d) Effect of termination. All rights of a Member in the Association shall cease on the termination of such Member's membership. Termination shall not relieve the Member from any obligation for charges incurred or service or benefits actually rendered before the date of termination. (e) Application of this Section. For purposes of this Section only, the term "Member" shall include Associate Members and ex officio members. 20... Procedures. The Board of Directors may adopt bylaws, rules of conduct of meetings, and operating procedures. The administrative procedures and policies of a Member agency may be adopted by the Association. 21. Meetings. The Association shall provide for regular and special meetings in accordance with the Ralph M. Brown Act (Chapter 9 (commencing with section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) or with any successor provision. 22. Reports to Member Agencies. Each year the Association shall submit a written report to the governing body of each of the Member agencies. This report shall describe the technical and financial activities of the Association during the preceding year. 23. Offices. For the purposes of forming the Association and for initial operation, the Board of Directors shall designate a location for the principal office of the Association and provide notice of the location to all Members, Associate Members, and ex officio members. The Board of Directors is hereby granted full power and authority to change said principal office from one location to another. Fifteen days prior to such Association of Russian River Public Agencies- Revised 7 08/15/02 DRAFT change, the Chair shall each Member, Associate Member, and ex officio member in writing of the change. 24. Termination. This MOU shall remain in effect until terminated by a two- thirds majority vote of all Member agencies. 25. Disposition of Property and Surplus Funds. At the termination of this MOU, any and all properly, funds, assets, and interests therein of the Association shall become the property of and be distributed to the Member agencies. Money collected from Member agencies and held in reserve by the Association for payment of costs of programs shall be allocated among Member Agencies in proportion to each agency's contributions to such reserves. Ail other property, funds, assets, and interests shall be distributed to Member agencies in proportion to each agency's contributions to the Association for costs set forth in the annual budgets. 26. Minutes. The clerk appointed by the Board of Directors of the Association shall cause to be kept minutes of all meetings of the Board of Directors, and shall cause a copy of the minutes to be forwarded to each member of the Board of Directors 27. Effective Date. This MOU shall become effective and the Association shall be established when at least three agencies have authorized its execution. Association of Russian River Public Agencies- Revised 8 08/15/02 Memorandum of Understanding Creating the Association of Public Agencies in the Russian River Watershed Exhibit A Memorandum of Understanding Creating the Association of Public Agencies in the Russian River Watershed Exhibit B Memorandum of Understanding Creating the Association of Public Agencies in the Russian River Watershed Exhibit C Mission Statement Facilitate partnerships across political boundaries that promote stewardship of the Russian River watershed resources. Goals & Objective~ Goal #1' Bring together cities and local agencies to work cooperatively and effectively on issues of common interest. Objectives_.' 1. Promote the development and implementation of cooperative restoration and protection efforts throughout the watershed. 2. Promote a regional alliance that supplements local government programs. Goal #2: Be proactive on watershed-based regulation, which increasingly affects areas beyond traditional political boundaries. Objectives: __ 1. Increase the knowledge and experience base of local agencies in responding to regulatory actions. 2. Develop a unified voice for the Russian River cities and Public agencies pertinent to existing regulations. 3. Monitor legislation and take positions on behalf of the Russian River cities and public agencies. Goal#3: Work cooperatively to increase eligibility for watershed based funding. Objectives: 1. Develop joint proposals for funding. 2. Leverage the strength of public support for local, state, federal, and other funding. 3. Support programs that implement the mission & goals of the Russian River cities and public agencies Goal#4: Maximize effective use of resources. _Objectives: 1. Efficiently share expenses by leveraging limited funding on coordinated efforts. 2. Efficiently share information and increase communication among members. 3. Undertake a cooperative education program. Goal#5: Enhance the Association's influence on local, state, and federal policies and programs. Objectives: 1. Speak with a unified voice representing interests of the Russian River area. 2. Develop liaisons and communicate effectively with key officials. Goal#6' Educate communities about the importance of watershed stewardship. .Objectives: 1. Increase education on the importance of habitat restoration and protection and implementation of sustainability concepts. 2. Conduct outreach that attracts volunteers to cooperative programs. 3. Increase public awareness on the values of holistic planning. 4. Serve as an informational clearinghouse - repository of information to provide collective presentation of ecosystem stewardship values. SUPPLEMENTAL NOTES PUBLIC AGENCY ASSOCIATION FOR THE RUSSIAN RIVER WATERSHED August 15, 2002, 2:00 P.M. Windsor Town Hall, Building 400 Goals of the Association Goal #1: Bring together cities and local agencies to work cooperatively and effectively on issues of common interest. Goal #2: Be proactive on watershed-based regulation, which increasingly affects areas beyond traditional political boundaries. Goal #3: Work cooperatively to increase eligibility for watershed based funding. Goal #4: Maximize effective use of resources. Goal #5: Enhance the Association's influence on local, state, and federal policies and programs. Goal #6: Educate communities about the importance of watershed stewardship. Terms of the Memorandum of Understandin.q (MOU) Types of Members - Members · Any local or regional public agency regulated under the Clean Water Act and/or Safe Drinking Water Act · Must be signatory to the MOU · One vote per member agency - Associate Members · Entities supportive of purposes of the Association · Advisory capacity, non-voting · Membership is at will of the board of directors - Ex Officio Members · State and Federal agencies with regulatory authority over or an interest in the watershed · Non-voting and serving at the will of the board of directors Board of Directors - One representative of each member agency - Board member and alternate board member appointed by member agency - Each board member has one vote ' - 2/3 majority vote required to adopt or modify the budget or approve contracts in excess of $10,000 - Unanimous vote required to modify the MOU - Quorum equals majority of the board members - On unanimous vote the board may appoint an executive board of 5 or more members if the total number of member agencies exceeds 17 Officers - Chair · Elected by the board of directors · Oversees association and activities of officers, staff, consultants · Preferably an elected official from a member agency -Vice Chair · Serves as chair in the absence of the chair -Treasurer / Controller · Financial officer of one of the member agencies · Appointed by 2/3s vote of the board · Member agency of the treasurer may charge the association for these services as approved by the board -Clerk and Legal Counsel · May be appointed by board if appropriate · Member agency of the clerk or legal counsel may charge the association for these services as approved by the board -Executive Director · May be appointed by the board to administer the association · Member agency of the executive director may charge the association for these services as approved by the board · Carries out direction from the board, plans and organizes association activities, authorizes expenditures within limits, makes recommendations to the board Annual Budget and Work plan - Annual Work Plan: Description of the work to be done in the ensuing fiscal year including the following categories of work: ¢-~ '.~ ·PartA: Overhead '4:2 · Part B' Programs of general benefit to all member agencies · Part C: Programs of specific benefit to one or more member agencies , · Adopted by the board by. January ,1st each year - Budget -' · Fiscal year: July 1 through June 30 · Includes funds and allocatio~ of~"~ts to member agencies for work plan parts A, B and C. · Must be adopted before start of the fiscal year -Dues and Allocated Costs · Board may assess dues not to exceed · Costs for parts A and B of the budget will be allocated to member agencies as follows: ¼ of costs divided equally among member agencies ¼ of costs allocated in proportion to each member agency's operating budget · Costs for part C of the budget are allocated to participating member agencies in proportion to the benefit received as determined by the board when each program is approved. AGENDA ITEM NO: MEETING DATE: lOa September 4, 2002 S U t4 t4 A RY REPORT SUB.1ECT: CONSZDERATZON OF OPERATI'ON FLAGS' REC~UEST TO DI'SPLAY STATE STREET FLAGS ON SEPTEMBER 11, 2002 In correlation with the September 11th memorial event planned by local Veterans' groups, Operation Flags has requested permission to display the American flags along State Street on that day. Attached for your information is a letter from Jerry Erickson, Chairman of Operation Flags, as well as a list of the regularly scheduled days on which the flags are displayed. Staff is requesting approval for this one-day exception to the flag schedule. RECOMMENDED ACTI:ON: Grant permission for Operation Flags to display American flags on State Street on September 11, 2002. ALTERNATI'VE COUNCI*L POLI'CY OPTI'ONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Operation Flags Candace Horsley, City Manager .lerry Erickson, Chairman, Operation Flags 1. August 29, 2002 letter from .~erry Erickson, Operation Flags 2. Operation Flags' State Street flag schedule Approved: C-~-~dace I:lorsley, Cit~Manager 4: CAN/ASR.911 Flags. 090402 290 East Gobbi Street Ukiah, CA 95482 (707) 463-4226 29 August, 2002 City of Ukiah 300 Seminary Ave Ukiah, CA 95482 Dear Sir: Operation Flags requests permission to put the American Flags out on State Street September 11, the anniversary of the World Trade Center Attacks. The Flags would be displayed from approximately 7AM until 6:30PM. Respectfully, Je~) Edckson ,~~~peration Flags Chairman 290 East Gobbi Street Ukiah, CA 95482 (707) 463-4226 DAYS OF THE YEAR THAT OPERATION FLAGS DISPLAY THE AMERICAN FLAG ON STATE STREET Days of the Street; year that Operation Flags display the American Flag on State Martin Luther King Jr. Day Presidents Day Memorial Day Flag Day July 4th Labor Day Veterans Day 1TEM NO: 10b MEETING DATE: September 4, 2002 AGENDA SUMMARY REPORT SUB3ECT: DZSCUSSZON AND CONSZDERATTON OF PROCLAMATZON DECLARZNG SEPTEMBER 11TH A MEMORTAL DAY AND FUNDZNG OF SUPPLI'ES FOR MEMORZAL EVENT We have received a request from the American Legion for a Council-approved proclamation in memorial of the September 11th tragedy. This request in is conjunction with the events scheduled for noon at the Alex Thomas Plaza where the various Veterans associations and the City of Ukiah are joining together to provide a memorial service to the September 11th victims. This item is being placed on the agenda for discussion, as there is a draft proclamation submitted by the National Headquarters of the American Legion and a revised version, as submitted by City staff, for Council's consideration. Staff is requesting Council's review and discussion of the proclamations and asking for direction as to revisions and possible approval of a Council proclamation for the September 11th, 2002 memorial event. Additionally, staff is requesting permission to purchase patriotic items, such as flags or ribbons, to give the public at this event, not to exceed $150. RECOMMENDED ACTZONS: 1. Discuss, revise if necessary, and approve a proclamation in memory of the September 11 th tragedy. 2. Approve request to purchase event items. ALTERNATZVE COUNCZL POLZCY OPTZONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A American Legion, Post 76 Candace Horsley, City Manager Commander Harold Maxwell, American Legion, Post 76 1. Draft American Legion Proclamation 2. Draft City Staff Proclamation Approved:, ~ ~~"'-'~Clty~aHorsley, nagerCandace 4:CAN/ASR.91102.090402 (City Letterhead) Proclamation "A Day To Remember" WHEREAS, the unprovoked attacks of Sept. 11, 2001, upon America by foreign terrorists have thrust the United SImtes, and other countries, into a war it never envisioned, militarily or diplomatically; and WHEREAS, the challenges facing all the dvilized people of the world as they relate to the war on terrorism will not end until those fanatics responsible are eliminated or brought to justice; and WHEREAS, America is fully committed through Operation Enduring Freedom and Operation Noble Eagle to ensure our freedoms rem unfettered and sovereign for all generations, now and forever; and WHEREAS, world opinion needs to remain focused upon the eradication of these inhuman acts perpetrated around the globe; and WHEREAS, one way to accomplish this is to N-EVER FORGET that those innocent victims did not die in vain; and WHEREAS, America can fight back by reminding the world that the deaths of these people will always be remembered and they will be forever loved; and WHEREAS, a noble and appropriate way to accomplish this is through the annual celebration of their living; and WHEREAS, this commemoration should be held each Sept.. 11 throughout the land to include: · The promotion of global peace and goodwill; · The demonstration of America's resolve and perseverance to win the war on terrorism; · The advancement of responsible citizenship; · The encouragement of patriotism and love of country; and · The poignant remembrance of those innocent victims that died on Sept. 11, as heroes, one and all; now therefore be it RESOLVED, as the mayor (or other official) of the city of (XXXXXX), I am issuing this proclamation to memorialize those men, women, and children who lost their lives; and be it further RESOLVED, that this proclamation be publidzed for all to see and know that the citizens of (CITY) remem- ber with etemal respect those whose lives were suddenly, without cause, and pointlessly taken from them on Sept. 11, 2001. May They Forever Rest In Peace and Abide In Our Memories Respectfully Submitted and Approved, on this xxxxx day of xxx, 2002. [Signature/Seal can go here.] RIGHT INTERIOR PAGE OF PROGRAM Create your own localized version of the proclamation, reduce to fit into the right-hand interior page of the pre-printed program, provided in the booklet. VV~tEREAS~ the unprovoked attacks of September 11~ 2001~ upon America by foreign terrorists have thrust the United States, and other countries, into a position it never envisioned, miIitarily or ~'plomaticMIy: and ~EREAS, the chaIIenges facing ali the ci~ih'zed people of the worId as they relate to the war on terrorism may not end until those responsibIe are brought to justice: and VV~tEREAS~ America is fuIIy involved through Operation Enduring Freedom and Operation NobIe EagIe to ensure our £reedon~ remain unfetteredandsovereign for aIIgenerations, now and forever: and Vv~HEREAS, world opinion must remain focused upon en~'ng these inhuman acts perpetrated around the globe: and V~HEREA S, one way to a ccomph'sh this is to IV~ V~R FORGET th a t those innocent ~ictims didnot die in vain: and V~HEREA S, America can &'~h t back b y remin ding the world tha t the deaths of these peopIe ~ll Mways be remembere~ and they will be forever love~, and V(HEREAS, a nobIe andappropriate way to achieve this is through the ceIebration of their li~in~, and VV~HEREAS this commemoration shouId be held on September 11, 2002 throughout the land to incIude: the promotion of globalpeace and goodwiII: the demonstration of America's resolve an d perse veran ce against terrorism: th e advan cement o£responsible citizenship: the encouragement of patriotism and love of country: and the poignant remembrance oft hose innocent ~ictims who died on September 11, as heroes, one andaII. NO V~, THEREFORE, I, Philh'p Ashiku, Mayor of the City of Ukiah, on behMf of m y feI/ow City Councilmembers, Phil Baldv~n, Kathy Libby~ Roy Smith, and Eric Larson, do hereby proclaim September ll~ 2002~ as DA Y TO REMEMBER " Ih: THE CITY OF UKIA H to memorialize those men, women, and children who lost their lives, and urge all the citizens of Ukiah and the Ukiah Valley to remember with eternal respect those whose lives were suddenly, without cause, and pointlessly taken from them on September 11, 2001. May They Forever Rest In Peace and Abide In Our Memories. Date: September 4, 2002 Phillip Ashiku, Mayor AGENDA ITEM NO' MEETING DATE: 10c September 4, 2002 SUMMARY REPORT SUB.1ECT: DISCUSSTON AND PRIOR~T~ZATION OF GOALS The 2002-03 fiscal year budget contains the goals and objectives for each department within the City organization. Council approved these goals (attachment 1), with the adoption of the budget in 3une 2002. However, there may be additional goals and objectives, not delineated specifically by departments that the Council may wish to designate for the staff in our work plan for the coming year. Some of the projects and goals that Council discussed in the past and may wish to see included as Council directed objectives are: development of a skateboard park, increased business recruitment efforts towards industrial jobs, continued analysis and dialogue with the owner of the Palace Hotel structure to determine a final outcome, planning for additional bike lane/pedestrian path development, analysis of traffic congestion problems and solutions, completion of the process for solving the water and waste water concerns, widening of Talmage Road, analyzing and developing options for housing, continued encouragement of downtown renovations, enhancement of revenues, and quality of life issues. Certainly, some of these projects would be considered long-term goals of five years or more, but Council's listing of desired outcomes will assist staff to pursue progress on these particular items. In addition, there was discussion last year of distributing a survey to the community that would provide feedback to the Council and staff on various issues within the City to prioritize community needs and desires. Staff will be presenting more information on possible survey development at the meeting. There are many other projects and goals that Council may wish to bring forward as specific items for staff to consider in our work plan this year. Staff is requesting Council's discussion and direction regarding these items. RECOMMENDED ACTI:ON: Discuss goals and objectives and provide direction to staff. Requested by' Prepared by: Coordinated with' Attachments: N/A Candace Horsley, Gib/Manager N/A Accomplishments and Goals for 2002/2003 Approved :~_~"~~~, Candace Horsley, Ci~ Manager 4:CAN/ASR.0203Goals.090402 ~ 0 0 0 Z o o := c- ~ ._o c o. ,- o t~ t~ O ok~LU p, ~--~ 0 II -I~ ~o~ ~.~o "~0~ Q o~ ILl o:~ · ~OoE o o~ ~~o I ,,, 8'0 o g o ~ ~ o ~ 0 '~ 0 o~ Q O O E ~ ~ .[ ~ ~ 'E · - .~ ~ ~ 'a 'E O .- E!8~ ~ N o~> o Oi_oa~ t-- Ii_ UJ 0 C~ ~o ~o~~E~ ~~E[E~ O~ ~ ~ ~ ~ ,~ 0 0 -- .-- ~ ~ o . ~ o ~ · t o · ~ o'-~ ~ ~ oo~~o~ Z .c_ I,... ._ ._~ ~zz E 0 0 ~ 0 CD .-- 0 ~ o~~ 0 >,-~ > ~-- 0 CD ~ C__~ ~) (~ '-- 0 0 .-- ~o~ ILl c 0 0 × 0 0 0 0 '0 c'- ._~ o'~ "'E '~ 0 >'6 (~ o ~Z ~~Z o '-- tO E~ '~ .-- o~- zm E ~ 8 _mc .~ 'E ~ c c .~ O~ ~ ~ ~ 0 ~~ ~ ~ ~o o · x ~ · ~ '--~ ~ 0 ~ E~ ~o~ ~ ~o ~ ~o oo _ ._ ~ -~ .~ ~ E~°: ~ E ~~ ~ ..... c ~.~ .... ~EE~E8~ 0 ~ 0 0 0 0 E'E 0 0 0 ~ 0 0 0 0 0 0 · o o E -~ ~- ~8 ~o o 'o ~'~ O0 0 t-- · 0 °~ 0 0 > 4--' > --.. c .c_ ~ ~ ' ~ ~ c om ~._ ~'-~ · - EEE EEo O O O ~ ~ O O ~ O ~ ~ ooo~oo~o~ 0 o ....~ .~ ~ ~ ~ .~ __ ~ 2~c o c~ c E E~'~ ~---- ~ 0 0 0 00~ 0 0 oI- zz LULU E '~ E ~ E 0 ~- CD · -- 0 "-' E 0 -'-' E ~ 0 __ '4--' t- 0 o ~ ,~_ 0 ~- 0 ~ E c~ I... "--- E '~ 0 ~ -1~ (~ I.- · ~ ~ 0 '~ ~ E ~- .~: 0 .-- 4--' · ~ : .- 4--' 0 o E .__. mo o -- E >~ o .o_-~ 0 ~ '~ '-- ~ ~ 0 o~ ~ EmE E o~ 8 8 ~ ~0 ~ '~ c ~ E ~~ ~-- 0 0 · 0 0 ~ 0 ~ 0 00~00~0 _0 AGENDA ITEM NO: MEETING DATE: September 4, 2002 SUMMARY REPORT SUB.1ECT: DISCUSSION AND SELECTION OF COUNCILMEMBERS FOR LEAGUE OF CALIFORNIA CITIES REDWOOD REGION POLICY COMMITTEES The City has been contacted by Karen Oslund, First Vice-President of the Redwood Region of League of California Cities, requesting an update on which League policy committees the Councilmembers would like to serve on. Currently, Phil Baldwin is appointed to the Community Services Committee, Roy Smith to the Employee Relations Committee, and Eric Larson to the Transportation, Communication and Public Works Committee. Ms. Oslund is asking whether these Councilmembers would like to continue on these committees, would like to change to another committee that has vacancies, or whether other Councilmembers would like to be appointed. The list of policy committees with vacancies and a description of each committee is attached for your information. RECOI~II~IENDED ACT]:ON: Discuss and select Councilmembers for various committees. ALTERNATI'VE COUNC:[L POLI'CY OPTI'ONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Karen Oslund, First Vice-President of the Redwood Region of the League of California Cities Candace Horsley, City Manager N/A League Policy Committee Vacancies and related materials Approved: Candace Horsley, City~lanager 4:CAN/ASR. LeaguePolicyComm.090402 VIA FAX: 463-6204 TO: Candaee Horsley, City Manager, Ukiah FROM: Karen Oslund 1st VP, Rodwod Region of League of CA Cities 459-3056 Here are the known and suspected vacancies on policy committees for the upcoming year. I will need to know whether Roy Smith, Erie Larson and Phil Baldwin would like to keep their current appointment. Administrative _Services: One possible vacancy Communi~ Services: One definite vacancy Phil Baldwin-reappoint? F. molovee Relations: Ro~-St-nith--reappoint? Favimnmenml Oualitv: No vacancies Ho-sin~_ Community and Economic Dev¢looment: -. No vacancies Revenue_ and Taxation One definite vac~cy Transportation. Communiestlon and Public Works: Eric Larsow-Reappoint? I have been contacting everyone who held a policy committee appointmem in the past year, so additional vacancies may open up. Also, it is possible that a vacancy listed here could be filled during the next few days. Please consider this a working ~O/IO'd EgsI6S~£OL S±I33I~ ~0 A£I3 8~:~1 EOOE-gE-9~ This document will be included with policy committee appointment letters. LEAGUE OF CALIFORNI ES POLICY EES Subject Area Responsibilities Administrative Services This committee is concerned with administrative activities including election law and administration, insurance, tort reform. The committee's scope of activities also includes efficiency and internal organizational structure and administration, the Fair Political Practices Act, the Brown Act, Public Records and tobacco control. Community Services This committee is concerned with the administration of parks and recreation programs, human services and cultural activities, libraries and the planning and coordination of human services. Empipyee Relations This committee is concerned with the many facets of personnel administration, including employee relations, retirement and workers' compensation issues. Environmental Quality_ This committee is concerned with all aspects of air, the supply and distribution of domestic water, solid waste, hazardous materials, coastal issues, noise pollution, and CEQA. In addition, the committee is concerned with the issues related to energy and utilities. Housin¢l, Community. and Economic Development This committee is concerned with building regulations and code enforcement, community development, urban renewal, housing, planning, zoning, incorporation, annexation and redevelopment. Public Safety_ This committee is concerned with fire protection, law enforcement, disaster preparedness and communications. Revenue and Taxation This committee is concerned with finance administration, taxation reform, revenue needs and revenue sources at the federal, state and local levels. Transportation. Communications and Public Works This committee is concerned with all aspects of public works and transportation including air, bus, automobile, mass transit and telecommunications. $±I~IM ~0 A±ID legisl~oli~\pCmspon..,j 8~:PI ~00C-9~-9R~ Note: This document will be included with policy committee appointment letters. Recommended Practices for Participation in Lea e Policy Committees* PRA~IC.~. #1: When you assume a committee assignment, set up a discussion meeting with your predecessor to effect a smooth transition. Pt~.CTICE~ #2: To familiarize yourself with your committee's current business, accee~ information from the League Web site ~vww. cacities, orcl, i.e., prior meeting notices, work programs, Summary of Existing Policy and Guiding Principles, meeting highlights, etc. If you have any questions, contact the League office: (916) 658-8224. P .RAC~ICR #3: Assimilate the pertinent information, looking closely for issues that have a direct bearing on your division or department. After isolating those issues, establish criteria based on relevance to your division or department interests, then rank them in terms of importance. P.,,.RAC?ICR #4: Contact the League staff member on your committee to gain some insights on the framework and nuances of your specific committee, i.e., identifying the most sensitive areas and subjects of interest; determining the understood, but often unstated, protocols, etc. In other words, get up to speed and plot the minefield. PRACTICE #5: Formulate an initial set of positions that reflect your division or department's best interests. Make a brief presentaUon to your division/department membership and make notes of the ensuing discussion. pRAC?IC~. #6: Formulate a final set of these positions for use at the policy committee meeting, using notes reflecting the collective judgment of your divlsion/department membership. PI~. CTICR # 7: Prepare for policy committee discussion by drafting a succinct, logical argument for each issue. (Do not try to wing it.) The argument should rest upon agreed or commonly understood facts. Be simple in its approach (a near- syllogistic structure is usually the most persuasive in a committee environment); and, to the extent practical, include carefully selected phrases, references or insights from earlier meetings. As identified in Practices 2 & 3, include those most compatible with your own position. This builds an implicit allegiance with more established members of the committee and builds your effectiveness as an entering member. -OVER- SllqqlM ~0 AII9 6a:~I ~00~-ga-gAU ~PRACTICS #8: Take notes on highlights of the committee's deliberations, especially o'-n those issue-~ that relate most directly to your division/department positions, as formulated in Practice 3 & 4. Also, with as accurate a vote count as you can obtain, record any actions taken by the committee. Identify the opinions of other members that seem most closely aligned with the preferred positions of your division/department. PI~..~CTIC]~ #9: Using the notes and materials from the committee meeting, prepare a ~rief report for presentation to your division or department for its next meeting. Be sure to list and/or cite any technical reports, position papers, analyses, etc., that expand the knowledge of, or provide insight into the final positions taken by the committee. Identify those representatives of other divisions or departments who seemed most closely aligned with your preferred positions, the members that seemed farthest from your preferred positions, and outline the salient points in the arguments of each so that your division has a sense of context. Summarize what was accomplished and outline the committee's probable path forward. pI~,C?ICE # 10: Based on the discussion after your report to the division or ~iepartment, f°r~ulate a revised set of positions and begin preparation for the next committee meeting, as outlined in Practices 4 through 7 above. 'Several years ago. a member of the East Bay Division, Larry Damon, Mayor Pro Tern, El Cerrito, created an initial set of recommended practices for his division's representatives on League policy committees. His goal was to have some written guidelines in order tO establish a better continuity of policy committee members within his division. This document is derived from Larry's "Practices," but, for purposes of clarity, includes pertinent updates and minor changes. G:~LEGlSLTV~OLICY%o ractlces.doc S1199IN ~0 AIID