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2002-10-16 Packet
8. PUBLIC HEARING (7:00 P.M.) a. Public Hearing and Adoption of Resolution Approving an Application for Funding and the Execution of a Grant Agreement and Any Amendment Thereto From the Planning/Technical Assistance Allocation of the State Community D~e!0pment Block Grant (CDBG) Program for a Study to.ConstrUct the PlowSh'~ Community Dining Room Facility ~ M/RC (5-0) adopting Resolution 2003-10 approvin.q an application fo[/;~U.~din_q and the execution of a Gran~ Agreement a'nd' any amendments thereto from the ~i~?~i~/Technical Assistance Allocation of the State CDBG Program b. Public Hearing Regarding Notification of Awardof suP~i~ntal Enf ..... ~i?' ' "~' ~'~ orcement Services Fund, C~bzens Opbo :bhc S~ (COPS) G the Amount of $100,000, Discussion of Fu9d!~i~~n, and Approval of Budi Amendment .... M/RC (5-0) approving Police Oe.artment Spending Pl~i~d al~.~oving the amendment t~ 2002/2003bud_qet ir~creasing revenue in acco~nt~i~05.06go~:~8.oo3 by $1o0,ooo expenditures in account 205.2001 .~.~ by $1~~ ~ ~ 9, UNFINISHED BUSINESS a. Approval of Funding Option for Traffic EnforCement Officer M/RC (5-0) approving Option ~1 for i~plementation of a traffic":~ffi~er ~ition 10. NEW BUSIN ESS ~: ~.~i~~~d ~:P~°val f°r D~topment of a c~munity Su~ey M/RC (5-0) authorizing staff to Drocee~ With develb~nt of a Community survey b. Approval of Request f6(ProPbSals (RFP) for Housing Element Update and Approach to Managing P[0ject M/RC (5-0) aDDrovi~:~?R:~Ouest for ProPOSals and to form commi~ee c. Authorizati~n. of the City M~er to Negotiate and Enter into a Professional Consultjn~ Se~ices Agreement with Brown and Caldwell Environmental Engine~ ;~ ~h~u~ants to Provide Desig~ Se~ices and Prepare :: 0O~:Ction D°~:~:::~:'~:~ for the City of Ukiah s Wastewater Treatment Plant i~:'~vement Project M/RC (5~) authorizing~ City Manager to negotiate and enter into a Professional Consultinn se~ice~Aqreement ~itfi~0~ andCaldwell Environmental Engineers and Consultants f~ design se~i~ and prepar~ti~h of construction documents for the ciW of Ukiah's Wastewater Treatment Plant Improvement Project d~:~ Update to Council Regarding Capacity Issues at Wastewater Treatment Plant M/RC (5-0) direc{i~g Staff to implement the recommendations stated in the Staff Report :. .. The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. RESUME e. Acceptance of Proposal for Software Development; Approval for City Manager to Negotiate and Sign Contracts with Avenir Systems, L.L.C. for Joint Application Development M/RC (5-0) accepting the Joint Application Development Agreement from Aveni~:~Stems, L.L.C. for Customer Information System, Financial System, Payroll and Human Re~0Urce System, Community Development System, and Other Applications for a to~i Of $571,012'~hri authorizing the City Manager to complete ne_clotiations with Avenir System~!!i~i~ ~i:~n the Joint Application Development Agreement f. Consideration of Request to Mendocino Cou,ntyBoard ofiSUpervisors of Ukiah Participation in Distribution of County.~8~,~,i~;~iiPqation ~ate Park B; M/RC (5-0) authorizinq the Mayor to sign and forward::~i! r to t'~~ Board of Su requesting participation in Mendocino County's d~strlbi~Mi'On of its allocated park bond g. Approval of Search for Ann, Itant M/RC (5-0) directing Staff to proceed with the search consultant · h. Request by the Martin Luther King, Jr. Day ~mittee for City Sponsorship M/RC (5-0) approving requested support of Martin Luther Ki:'~ :~!Jr. DaY 2003 for items 1 through 4 on a non-profit status is c~fitmed i. Discussion of c~un~il code °~ Ethic:Policy Mayor Ashiku and Councilmember B~ldwin to meet ~i~:Staff and review sample Code of Ethics. Draft Code of Ethics Policy to ~ revie~ at the ~:'~20 City Council meetinn 11. COUNCIL REPORTS 12. CI~ M~NAGER/ClTY CLERK REPORT 13,. CLOSED~ESSlON G.C. §54956.9(a)......... - Conferen~ with Legal Counsel- Existing Litigation Name of C~se: ShoemakerDi City of Ukiah Mendocino County Superior Court , p.m. 14. ADJOURNMENT CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 October 16, 2002 6:30 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PETITIONS AND COMMUNICATIONS a. Letter of Request from John Mayfield, Jr. Regarding City Policy Relating to Water and Annexation 4. APPROVAL OF MINUTES a. Regular Meeting of October 2, 2002 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. 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. a. Approval of Disbursements for Month of September 2002 b. Report to City Council Regarding the Purchase of Services from Johnson's Quality Tree Care for the Removal of Four Trees in the Amount of'$5,600 c. Approval of Budget Amendment for Institute of Museum and Library Services General Operating Support Grant (IG-00-02-0835-02) and Department of Interior Grant (NBCH1020015) d. Adoption of Ordinance Entitled Fir'e Prevention Code and Outdoor Burning 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. 8. PUBLIC HEARING (7:00 P.M.) a. Public Hearing and Adoption of Resolution Approving an Application for Funding and the Execution of a Grant Agreement and Any Amendment Thereto From the Planning/Technical Assistance Allocation of the State Community Development Block Grant (CDBG) Program for a Study to Construct the Plowshares Community Dining Room Facility b, Public Hearing Regarding Notification of Award of Supplemental Law Enforcement Services Fund, Citizens Option for Public Safety (COPS) Grant in the Amount of $100,000, Discussion of Fund Allocation, and Approval of Budget Amendment 9. UNFINISHED BUSlNES~ a. Approval of Funding Option for Traffic Enforcement Officer 10. NEW BUSINESS a. Discussion and Approval for Development of a Community Survey b. Approval of Request for Proposals (RFP) for Housing Element Update and Approach to Managing Project c. Authorization of the City Manager to Negotiate and Enter into a Professional Consulting Services Agreement with Brown and Caldwell Environmental Engineers and Consultants to Provide Design Services and Prepare Construction Documents for the City of Ukiah's Wastewater Treatment Plant Improvement Project d. Update to Council Regarding Capacity Issues at Wastewater Treatment Plant e. Acceptance of Proposal for Software Development; Approval for City Manager to Negotiate and Sign Contracts with Avenir Systems, L.L.C. for Joint Application Development f. Consideration of Request to Mendocino County Board of Supervisors for City of Ukiah Participation in Distribution of County's Allocation of State Park Bond Funds g. Approval of Search for Annexation Consultant h. Request by the Martin Luther King, Jr. Day Committee for City Sponsorship i. Discussion of Council Code of Ethics Policy 11. 12. 13. COUNCIL REPORTS CITY MANAGER/CITY CLERK REPORT CLOSED SESSION G.C. §54956.9(a) - Conference with Leqal Counsel- Existin.q Liti.aation Name of Case: Shoemaker v. City of Ukiah, Mendocino County Superior Court Case No. SCUK-CVG 00-83789 14. ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. AGENDA ['I'EM NO: MEETING DATE: 3a October 16, 2002 SUMMARY REPORT SUB.1ECT: LETTER OF REQUEST FROH .1OHN MAYFIELD, .1R. REGARDING CITY POLICY RELATING TO WATER AND ANNEXATION The City has received a letter from .lohn Hayfield, .lr. requesting that the City repeal its policy to deliver water only to properties lying within the City limits. Rural Community Housing Development Corporation has expressed an interest in acquiring Mayfield's property within the Brush Street Triangle for affordable multi-family housing. The City Council adopted a policy on September 19, 2001, which mandated that property owners outside the city limits must annex into the City prior to receiving water service from the City. Staff has included for Council's information the staff report and minutes of the September 19, 2001 meeting. Mr. Hayfield is requesting that this item be agendized for discussion. Staff is requesting Council's direction as to whether this item should be agendized and if so, which Council meeting date would be preferable to the Council members. RECOMMENDED ACTION: Provide direction to staff regarding Mr. Mayfield's request. ALTERNATI'VE COUNCIL POLICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A .lohn Mayfield, 3r. Candace Horsley, City Manager N/A 1. Letter from .lohn Mayfield, 3r. 2. September 19, 2001 City Council agenda summary report and minutes Approved: '~~~-~ Candace Horsley, CiW'~Manager 4:C~N/Lmayfield. 101602 740 So. State St. Ms. Candace Horsley, City Manager CITY OF UKIAH 300 Seminary Avenue Ukiah. Ca. 95482 Dear Candace: Ukiah, Ca. 95482 27 Sept. 2002 P,,rsuant to your recent conversation with Ja. ck Cox. we would like [o encou,-a~e the CJ!.v to repeal it's orc;inance which allows the Cit.y to del iver water only to nreperties lyin~ within the cit.v limits. Our request is m~r]e specifically in reference to the Brush Street triangle which lies just outside the city limits, portions o.f which are owned, by us. This area has been the subject to numerous discussions, from the aspect of traffic circulation, deve]o~>ment potential. and revenue sharin.ff between ~overnme.ntal bodies. RC~DC, an agency which has fulfilled a vital need i~ our community in the development of affordable housing, has expressed ongoing serious interest in acquirin~ property in the triangle for affordable multi-:family housing. It's director. Duane Hill, states that it also has funds .immediately available for the construction of self-help single ~amily bomes. When we developed the mini-storage facilities at Brush & Orr Streets the city agreod to deliver water provided the Droperty owner, would not onpose annexation if such ~n event w~re to take ¢lace in tl~o ~ut,..lre. we wi!!in~ly entered !ntn the a~reement and wo,~!d do so a~ain to obtain city water for additional develom,~en't. At this time. ~,.~e are concerned with the aesthetics alon~ gr,~sh Street. and are considering the construction of 2-story a~artments and landscapin~ along the ~rush St. 'frontage that would effectively "hide" the metal ~elf-stora~e build, in~s. The firm of Faber & Associates hos been enffa~ed to plan ]ayo~t & landscape treatments a~ong ~rush and Orr Streets. Pm~e 2 The ~hor*a~, of and neod foe housing h~s b~on the subject numerous meetings bo*h the .~ublie and. ........ e. and al.! b~ve expressed concern and are seekin_~ solut~.o.n.s. A solution is readily available: RC~DC has a serious ?'.nterest in obtaining land in the triangle for the development of affordable multi-family housing, and. we have a strong interest in buildin~ apartments along Brush St. to camaf!a~e the storage units. Nothi. n~: however, can be accomplished without water, and this requires the City 'to amend its position re~.ardin~ the rte!ivery of water to properties outside the city l~mits. Inasmuch as the Count.y has stated that it will oppose annexation of properties lying within that area. only the C.,.'. ty ' s reversal of i ts pos i t i on wi help the city satisfy ~.hc state housin~ man.{t~.te by allowing develo~n~ent of afforda!~!.e housinff in the r~rush St. triangle. We ask that you consider the merits of these statements and encourage the City Co,:nc$1 ~0 repea! the "no water" ordinance.. k~~_kiah lndus~fria!.. Ltd. xe: ..... City Council 5 xc: City C°uncil~ There are several steps to the annexation process. A majority of property owners must agree ' to annex and according to state law, the City and County must have a tax sharing agreer~6 before LAFCO can approve an annexation, in our meeting regarding the Triangle, County representatives stated they would require mitigations based on the current FIR, but they will not require any type of discretionary review for development projects. In other words, they will not have any specific design criteria no matter what type of project is proposed. This is specifically pertinent as development will be contiguous with the City's urban borders where high development standards are currently required. The City Council must identify a solution to this dilemma. One method would be for the County to require discretionary review. Another would be for the City to control development so that it will be subject to City urban design and public service requirements. Annexing into the City will most likely provide the most efficient way to provide the controls that are needed to meet City standards and to adequately mitigate potential impacts. However, the City and County would then need to come to some agreement, regarding tax sharing. City Attorney David Rapport and Planning Director Charley Stump will be in attendance at the meeting to discuss this item with the Council. MINUTES OF THE UKIAH CITY COUNCIL 4a Regular Meeting Wednesday, September 19, 2001 The Ukiah City Council met at a Regular Meeting on September 19, 2001, the had been legally noticed and posted, at 5:02 p.m. in the Civic Center C( Seminary Avenue, Ukiah, California. Roll was taken and the follow g lembers were present: Larson, Smith, Libby, Baldwin (arrived at 5:45 p.m.), and Staff present: Customer Services Supervisor Archibald, Public Utility Services D!rector .DeKnoblough, Police Captain Dewey == ..... ,.,,_??~?~ _._ ity -- j,, rlHi::tliL;~ L~lrec[or blton, Manager Rerro, C~ty Manager Horsier Ci*,, Att,,- .... '" ...... -.~.:?~i:~,;:.. _-~-~..:,~ City ,-,---, .......... . ~ '~ ""'-~x n~lJiJor[,.~pmmunl~i,Services ~Li~isor oang,acomo, ueputy ~uD~ic Works Director Seanor, Publi~'!iilWorks Di~odCity En~¢:~'er Steele, Planning Director Stump, Police Chief Williams, Ulvila. Adjourned to Closed Session: 5:03 p.m. 1. CLOSED SESSION a. Conference with Le_~al Counsel- Significant exposure to litigation pursuant to (b) of Government Code Section 54956.9 (1 case) Reconvened: 6:30 p.m.' 3. PLED~ Councilmember Baldwin led the 4~ 4a. Prese~ PRESENTATION Leslie Ameri~ ~! Cross, Cro,, since for business as September 4, 21 ion for the same th~ ~ of the M~ Red of the Bo the status of the Mendocino Chapter of the 'oals of the local Chapter of the American Red ith the City Council. They have completed a plan She discussed the inflexible costs of doing ~d ChaptE to a Service Delivery Unit. She stated that at the the Board voted to Voluntarily dissolve the local Chapter and that Red Cross as a Service Delivery Unit (SDU) which will at a lower cost. She continued to discuss the benefits of a continue to provide. She thanked Council for being a major ~ Red Cross in the community. The Board requests that the City approval to waive the rent debt of $7,430. With the waiver of the rent debt by anization would be in a better financial position. foI Libby asked that Council waive the back payments to help the Red Cross get rent. She felt that under these times of national crisis, this is a small part that play. She recommended the matter be agendized at the October 3, 2001 meeting sideration. Regular Meeting September 19, 2001 Page 1 of 16 concerns specifically in terms of issues they may have with the contract that may directly affect the City's intent, which is to properly amortize this project and spread the burden not only on City residents, but also on all the users or potential users. Motion carried by the following roll call vote: AYES: Councilmembers Larson ~by, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: N~ Recessed: 7:55 p.m. Reconvened: 8:04 p.m. 10. _NEW BUSINESS 10b. Dis{ City Manager Horsley advised that the City Council County representatives regarding the Brush Street lie the EIR that was performed by the City's co nts. Administrative Officer CAO) raised a very participating in the cost for mitigations and other ex a lot of time, effort, or money forward if the City is goin annex before they receive City water, that is if it turns out th~ available." She felt this is somethin~ needs to be discuss~ that in the past the City has pro' the property owners to sign a annex. There are several h~ agree, but also LAFCO requires th D to the Brush Street City ever a~ not The City hopes the bridge will be in and so the pote needed in thi~ CAO for ~nty, an area only the as resu ordinance th in the uired. ts notified ~cussed this but also to meet with Mendo~ ~gle) mitigations conta the meeting, the (Chief "If we're going to be :ren't interested in putting uire that the property owners e only water that's current policy, and and have asked .~m to annex, they would that the property owners £with the County. g Orchard Avenue to Brush Street, area is very high. Water is something that will be ers, Dan Thomas, as welt as Jim Anderson, issues revolve around development in the ~onary review would be required as well on developers within the Triangle. As a ~e thought that the County has agreed to pass an ~quire dis~ review and the implementation of the mitigations as was their understanding in ..the meeting that discretionary review would di St~ that in terms of future development and discretionary review, uire discretionary review in the Triangle for many types of ,This has concerned City staff and led to staff's discussions to obtain some itigation measures. The County had indicated that they would be prepared to the adoption of a resolution or ordinance that would require at least CEQA ministerial or building permit. He was not sure if that would fulfill Council's ut design review and some other things that could be achieved through a true review process. He thought staff is close to finding the mechanisms that would r both the City and the County. Regular Meeting September 19, 2001 Page 7 of 16 Mayor Ashiku explained that he was told before that they could develop their own water resource and that they weren't very concerned about it. His concern about changing the policy 'and requiring annexation, if it was the City's desire to have such a project annexed, is that if we extend into that service area we're agreeing to provide water to an unknown siz~ ~roject, costing our citizens opportunity in the future to utilize that resource which itted elsewhere without any direct reimbursement to the citizens or our treasu hard time committing to a project of that magnitude without having Councilmember Larson stated that the traffic impacts, increased fire protection costs that we would assume through our service a~ Districts would be an impact on us that would not be addressed logical land use policy here and water is a component of it. a project, he would like to see what the project is and w both in terms of City revenues and community service. contracts that don't involve probable or necess~ review is vital to maintain our community develo It was his opinion that the County needs to b~ due to a committee that couldn't seem to come to s~ agreement. He felt that's where it needs to be resumed Councilmember Libby was of the felt that the City has been holdin~ because two jurisdictions h~ see the City and County ~lief that annexation is th~ =erty owners hosta( out their di Considerable discussion followed whether to require annexation prior to" was also discus,,' ',erning LAFCi Council Bald~ ma citizens d~ in the Tr sht of the o Ukiah and the and W Annexatii · s to the commur uld not support any the very least, discreti, been worked on so hard· ceased to progress out a revenue sharing 'overnment level. this matter. She to develop this land She would like to make this work. .pment in the Triangle and g water ~ce outside the service area. There ~volvement in the annexation process. have to look after the best interest of the be immense negative impacts from full give up the control we currently have and we Mayor Ashiku apply Jim And~ City staff taJ different thal here, the di to that no one is deprived of an opportunity to develop their property and ~ermits at the present time. Council has given staff direction to would satisfy the impacts of building that bridge. ~, o County Administrative Officer (CAO), stated that he appreciates with the County. He came away from the meeting with something markedly has been presented to Council at this meeting. The last time they were :ion of the Council was to look at the mitigations that would be necessary in :ler approving the EI R that had been done for the area., to look at what is a sharing for those mitigations, to look at the issue of continuity of design for the ley, and then return to Council with that information. e meeting with staff he thought there was an understanding by all parties that if the City Regular Meeting September 19, 2001 Page 8 of 16 in mil were to proceed with certification of the EIR, the mitigations outlined in the EIR would have to be addressed. His comments to the City representative were that the ratio would be determined by the availability of water. But if you look at the development that's anticipated in the EI R, from a moderate to large level, development can only be supporte( is available. From the perspective of the County, when talking about the miff( or the share of cost in those mitigations, water is a key variable that goes The extent to which water is available certainly provides more opt, development in that area. With regard to discretionary review or position of the County that as development occurs on the 90 a~ discretionary review and subject any of the projects to the development occurred, County staff would recommend to the cumulative impacts of development on the 90 acres would cost of the off site improvements. For the record he stated that the County is intere~ development of the valley like the Ukiah City Co that from a staff standpoint, they have discu commercial design standards for the City of U. possibly applying them to development in the Brush S1 willing to consider and potentially propose to the Board of that annexation was not discussed is very open to discussions of ar updating its General Plan an, may be appropriate for pro ruled out at the staff level. intell far uch when he spoke with tax sharing ag an annexati( regard~:~to been the ~ld have as :the I Iooking~'~:i~:he I '~"~ and proper p anning~:~d ign standards, he thought has worked on actual ie design standards and is something they would be 'sots. of the opinion the County Board is looking at sharing agreements something they have not Councilmember Larson inquired if City's Design G 'sen g that the County adopt the Mr. Andel stated t has been d Su the staff level but not with the Board of Dis~ annexation. s an, revenue sharing agreement and the issue of ces were addressed. ,mas, repr Lnno and Company~ one of the property owners of the property in that has had an application since 1995 to annex property and been don ng that time. He thought that the property owners are stuck two g ment entities. As a majority property owner in that area, he controls has been trying to get the City and the County together since 1995 to no avail. the EIR and construction in the 90 acres, he did not think anyone knows what's there' in the next 10 or 15 years. He discussed the City's 20-year plan and to meet the needs of the community. The Agenda Summary Report comes as surprise to him in regards to the County's oversight in development of the 90 acres. his understanding that when the City approved the EIR for the bridge, they identified ations. The basis for that EIR was a reasonable attempt at defining what would occur in Regular Meeting September 19, 2001 Page 9 of 16 the 90 acres. It was his belief that there was an attempt to assess what the mitigations would be for development of that land. In the original EIR, the City required that it would oversee the procedure regarding the County's review. He felt that the correct way is through CEQA. The compromise between all parties during discussions was that the County would ~rate a special overlaying district of 90 acres that would impose CEQA guidelines on th~ there would be discretionary review. The last he heard, everyone was hap It's been a very frustrating experience for him to try to get the two entith Mayor Ashiku discussed his previous conversations with Mr. Thom~ n of the bridge and the advantages of being in the City. Previously, had i~ to him that he wasn't dependent on the City's water or utilities. It now co~'~ias a that water is needed for this project. "'" '~:"~!:~i;i~ City Manager Horsley explained that there are two be built and the water issue is not associated with talk about discretionary review, we are not ta ~ject. ut the review on building permits, there was no commitment to he had asked "Don't you process?" He thought it crucial for they have discretionary review. Planning Director Stump stated he was confu he indicated discretionary review would occur but it is hii they had, it was clear the County was not contemplat discretionary review but rather ad. some sort of resol musual procedure. or discreti~ ;CtS ~tt the bridge is second issue is, mitigation process. I's comments in which lection that at the last meeting ,,zoning district or require CEQA re willing to listen but At that meeting the discretionary review major development, that City Attorney meaning of C~ M~ war, re~ ed the' He de ;d that Dire~ that might be occurring with regard to the discretionary review process. specifically asked, "Are you saying you don't There may have'been miscommunfcations that property owners must..annex into the City prior to receiving water lg the motion and adhering to the current policy. Libby was of the opinion that issues could be worked out between the City further discussions. Rapport explained that the informal policy previously adopted by Council ajority vote of Council in order to hook up to water service outside the City limits. Jed to discuss how the LAFCO law has changed since this policy was put into place. has discretion as to extending its water boundaries. Regular Meeting September 19, 2001 Page 10 of 16 There was some discussion concerning Mr. Thomas' application to LAFCO in 1995 for annexation that has resulted in no action. M/S Councilmember Baldwin/Ashiku calling for the question. ._._~ Motion carried by the following roll call vote: AYES: Councilmembers Mayor Ashiku. NOES: Councilmembers Smith and Libby. ABSENT: No~ 10. NEW BUSINESS __ 10c. Pre,, Eli~ Customer Service Supervisor Archibald provided Council Public Benefit Fund. She explained that the report dem( program, the Electric Vehicle lease program, the Ph, Program, and a one-time geothermal project ex .re resources of the Public Benefits Fund. She discuss, staff in developing this report. At the end of tenan end projected for the Public Benefits Fund. The a, to the programs provided will depend upon programs. Up until this year, Ukiah CARES was the on Currently the CARES program for the electric charges on thei Emergency Assistance. The~ current participation will co,, discuss the overall results of the Ies relief to about 532 ~n the form of montl- recently' ram $161 Public Utilities Director Barnes expansion. He there has would to the C ;TAIN: N~:~e. al · rep0~.~!~i~i~.the 'J Ukiah C~'~bS an Energy le within the proje<9~iSi?' tic ns that were ma~!~y md balance of $170,6~0 is r additional adjustments expenses of approved program within this fund. ~e families and Temporary in March of 2001. The a year. She continued to that total $4.8 million. the ;ed one-time geothermal project increase in steam production and the project Upon by member Bah residenti Councilmembl She als, ~ram. :h regard to why staff is proposing more than Mr. Barnes explained that it has to do with the 3Kw for residential use. inquired as to the percentage of generation that we obtain from the did not take the' money out of the reserve fund, how would we SI resl that the percentage of generation is about 25-30%. He explained to be paid out of generation costs and the generation cost would increase. discuss the photovoltaic rebate, noting that it could be generation that the City :! relative to the photovoltaic rebate and purchasing the power. ,isor Archibald discussed details of each of the four scenarios presented for the program. She explained that if Council wishes to include providing additional relief to Regular Meeting September 19, 2001 Page 11 of 16 MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, OCTOBER 2, 2002 The Ukiah City Council met at a Regular Meeting on October 2, 2002, ti which had been legally noticed and posted, at 6:30 p.m. in the Civic Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken Councilmembers were present: Larson, Smith, Baldwin, and Councilmember Libby. Staff present: Public Utilities Director Service Director DeKnoblough, Finance Director Elton, Assistant Personnel Officer Harris, City Attorney Rapport, Planning D.~:.:.~tor Yates, and City Clerk Ulvila ....... City Manager Horsley announced that Mr. Ron informed her that Councilmember Libby is ill meeting. 2. PLEDGE OF ALLEGIANCE Mayor Ashiku led the Pledge of Allegiance. Ilowing ~nt: ,d her at 4:15 p.m. today Id not~!i~i~!~,~b,e in attendance at th~:~: 3. PROCLAMATION 3a. ukiaHaiku Festival- 2002 Vice-Mayor Baldwin read ukiaHaiku Festival. 2-3, 2002 as Ukiah Poet Laureate Amand Bri Harris for drafting the Proclamation. the ukiahHaiku He ar and thanked Mike Jreate is has been working on events scheduled. . M/S Smith, ~eting Minutes of September 18, 2002, as Call vote: AYES' Councilmembers Larson, qOES: None. ABSTAIN: None. ABSENT: ~:.:~.:~:~::~::'::~':: ...... Mayo~ '~ .... iku read ~ process. c M/S Smith/~ on approving items a through b of the Consent Calendar as follows: a. Appr :d Electric Unit/IBEW Consolidated Memorandum of Understanding ~:~:~: ~~ed ~opo~ to Ci~ Council ~o~ardin~ Award of Contract to ~rosood to ~:~ ...... ~6rm Hydrosoodin~ of kandfill SIopos to Control firosion. Regular City Council Meeting September 4, 2002 Page 1 of 19 Motion carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: Councilmember Libby. .. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward to address Council. 9. UNFINISHED BUSINESS 9a. Adoption of Commercial Property Maintenance Ordinan, Planning Director Stump advised that on September 18, considered a number of modifications to the pro Maintenance Ordinance, and after receiving public inp Ordinance. Councilmember Smith noted for the record th Main Street Program in support of the Ordinan~ M/S Larson/Smith adopting Ordinance No. 1039 Council of Ukiah, Adding Chapter 11 to Division 3 of the abatement of unhealthy, unsafe, and visual blight conditi; zoned property, carried by the Smith, Baldwin, and Mayor Councilmember Libby. 9, UNFINISHED BU~ Consideration of R~ Temporary Use of 1800 Nort Community Se seasons the shelter op! Due to that t on portion of permanent shi in Ordinance of the City City Code governing the commercially Larson, ABSENT: Extension of Emergency Winter Shelter d that for the past two winter north fire station for an emergency winter the direction of Mr. Mark Rohloff. g, Mr. Rohloff has informed staff before the winter season. As a result, Group, Mr. Rohloff is requesting use of a more season while development of the unde aspect It was n~ proposal an~ M/S Smith 1800 ,hloff, of The Ford Street Project, advised that they the 8 time it would take with regard to the civil engineering for Council's consideration to use the facility. staff that neighboring businesses have been contacted about the iey had no objection. dwin approving request by The Ford Street Project for extension of use State Street for one year as an emergency winter shelter, carried by the call vote: AYES: Councilmembers Larson, Smith, Baldwin, and Mayor ES: None. ABSTAIN: None. ABSENT: Councilmember Libby. NEW BUSINESS Regular City Council Meeting September 4, 2002 Page 2 of 19 10b. Discussion of Proposal by Ukiah Rotary Club of Ukiah to Assist in the Development of the Railroad Depot Pocket Park City Manager Horsley advised that Rotary had contacted her to discuss their involvement in development of a pocket park at the depot. ble Community Services Director DeKnoblough advised that the R~ public improvement projects and the depot site attracted them very would like to make a request to Council at a later time that the dep to Frank Crane. Staff is requesting that staff be able to meet collaborate with them regarding a design for the pocket park, then to the Council at a later date. ....... Rotary ~ated Councilmember Smith expressed his support of th~ explore with the Rotary potential designs for development. He requested staff gather more to dedicate a park to Frank Crane. and M/S Baldwin/Smith to receive the Rotary Club's req the project with them; carried by a unanimous consen,, 9 staff to discuss present. 10. NEW BUSINESS 10c. Adoption of Resoluti¢ Understandi Bargaining Units City Manager Horsley advised ti meeting in Closed Session. he PE'I this the Addendum to PERS tent =la of p Employee during Council's last M/S Smith Memoranda Man; 2.7% at full Cou~ None. ABSI Resoli betwee~ and EI~ and to co~ 2002, 2003-08, pting the addenda to the of Ukiah and the Department Head, amend the PERS Contract for the payroll deductions beginning the first the following roll call vote: AYES: and Mayor Ashiku. NOES: None. ABSTAIN: attending the MCOG meeting this week. There was a airports and aviation enthusiasts about forming a rnia air travel entities. He reported that the STIP allocation to the City by MCOG to provide for the paving of the depot in Sacramento. =r Smith reported that the Main Street Board of Directors is working on a re with a graphic designer. Last week he attended the annual NCPA Monterey. Council will be discussing some issues related to other items enda related to what occurred at the conference. Regular City Council Meeting September 4, 2002 Page 3 of 19 Councilmember Baldwin reported that he attended an Ukiah Valley Sanitation District meeting last Wednesday and it was a meeting of some significance to those who are concerned about growth, air quality, and traffic congestion. The District he~d,~,: an appeal from a developer w,ho wants to continue the development of Vichy Spri~i~i~ units. Because the City s sewage treatment plant is nearing capacity~iiii~y recommended that they no longer accept prepayments since we are not S~ow man~ connections are still available ..... ::,~iii?~,~ii?ill 11. CITY MANAGER/CITY CLERK REPORTS '~',~,ii'~i ii!i'? City Manager Horsley distributed a flyer from the Greater ..... ::~ Cham~iiDf~ Commerce regarding the First Annual Redwood Empire B E~i~ be held':~'~:~i October 5th at the Fairgrounds. The event is partially spo the C:'i~::°f Ukiah. Re~d Resolution W~'~i!~;~anagement Plan is )pli~:=!i.~§~'~==~remely important to Water Management and implement urban urban water during both 8. PUBLIC HEARING 8a. Adoption of Urban Water Management Public Utilities Director Barnes advised due every five years. Efficient use of the the City of Ukiah. As a result, the City intends to Plan to compare City water supplies with water demand water conservation practices, analyze the possibility of a shortage and plan various procedures to be normal and emergency City Manager Horsley conservation and how to deal w customers this spring with the utility Discussion g and the river measures, rights, div~ water Russian Ri, to grou~ levels the lead reis. The accu rate ~iiiii~'":'pamphlet on water be sent to City utility ,'s water sources and production of wells 1949 water rights and pre-1949 water permitting process. Issues related development in the valley may of determining ground water levels was ical study would be needed to have more ~:~,=:~,::~¢~Jc Hearing 7:25 p.m. wii::~i~i~ nch, U the opinion that it is important to look at the effects of cl i m ate '::~'~;~'~='~' g e, Talmage area, ~: the and how the Plan would affect future water sour~!~, ' Tom Segar, ~uired of the 11,000 acre-feet of water available to the City of Ukiah, how much wate:~i..~mes from the Flood Control District. He posed other questions to staff !ii~,ith rega~"the amount of water usage. ~:~"~" ~'":'~'~":'~iiii~'ersen, Ukiah, inquired as to the cost of the study. It was his opinion that w~¥Ssues'"""'"'"'"~'~¢'"' may be the most significant issue facing the City right now. Regular City Council Meeting September 4, 2002 Page 4 of 19 Director Barnes advised that the contract cost was $15,000. Peter Good, 418 West Mill, requested the report be made available to the pu~c~::,~,,,,, so could check it out overnight for review, rather than buying it. ~::~,~i!ii!iiii?~!i ii ll! they Public Hearing Closed: 7:31 p.m. ::,~::,~iiii~iiiii i~i~,, M/S Ashiku/Smith Adopting the Urban Water Management Plan .~a~!ii~e~~n No. 2003-09. Councilmember Baldwin requested that the consultants to Uki ~,their eari'i~iii'~i?, .... convenience and provide a presentation to Council and City Manager Horsley advised that the Sonoma Co presentation to Council in November and staff wil at that time. Motion carried by the following roll call vote: Baldwin, and Mayor Ashiku. NOES: None. Councilmember Libby. Agency will be making to::,~ye the consultants her~ ;mbers Larson, Smith, ~N: None. ABSENT: 8. PUBLIC HEARING 8b. Introduction of and Chapter 6 of th and Outdoor Burnin Fire Marshal Yates advised that thl Ukiah Municipal Code to incor Council adopted..:~:~t update to review of the. ~tbe CFC 2001 Public ~g Opene~ii!~:26 p.m. Al breaks in vision 6 I and 2, Prevention Code proposing to amend the to the California Fire Code (CFC). of the Code in 1999. He provided a ed document. status of constructing and maintaining fire :.,~:~,,,~=:::=,,~::~. Marshal that the California Department of Forestry (CDF) has . up with state resources on private property. The City's Fire occasions and it seems that things are at on numerous Dep~~[,has c, a sta~~:til the lc! are resolved. Public Hea~ Closed' 7:29 p.m, M/S Bald~arson~' introducing the Ordinance by Title Only, carried by the following :~"iiiiii!ii!ii~:!l call ~i!'~: AYES: Councilmembers Larson, Smith, Baldwin, and Mayor Ashiku. '::~'~i~ii~S;:.~'~.:~ ABSTAIN: None. ABSENT: Councilmember Libby. Regular City Council Meeting September 4, 2002 Page 5 of 19 City Clerk Ulvila read the title of the Ordinance, "Ordinance of the City Council of the City of Ukiah amending Division 6, Chapter 3, Articles 1 and 2 of the Ukiah Municipal Code entitled Fire Prevention Code and Outdoor Burning.' .......... M/S Baldwin/Smith introducing the Ordinance, carried by the following AYES: Councilmembers Larson, Smith, Baldwin, and Mayor Ashiku. ABSTAIN: None. ABSENT: Councilmember Libby. Recessed: 7:40 p.m. Reconvened: 7:55 p.m. 10. NEW BUSINESS 10a. Authorize Mayor to Execute the Schedulin Agreement Between the City of Ukiah A.gency and to Execute the Re Between the City of Ukiah and Pacific Public Utilities Director Barnes advised Interconnection Agreement (IA) with Pacific Gas & based on our contract. The Northern California Power working hard to put together a replacement IA.. Northern California Powe~.i'~iii?~ ...... ~nnection Agreement? City has had an they opted to cancel (NCPA) staff has been Don Dame, Assistant General Power Agency (NCPA), adv to provide its wholesale services to meet the City's load. ;rn California turns to in order ..... s~duling and balancing NCPA started its utilization of Interconnection passed AB1 provided Inde under the old P.G.&E. In the California legislature tdical change in the way power services are Exchange was created in Southern March 1998 it created the California is located in Folsom, California and now IS. In July 1997, gave to NCPA its three-year notice of termination under its IA. in August 2000 through actions that took place at the Federal moved up to April 1, 2002 and then by action of the , it was moved to September 1, 2002. They have now interconnection arrangement through the CAISO for 31 Agreement with P.G.&E. provides for the continued operation of those as well as the continued operation and flow of the Western Area power, of which the City of Ukiah has an approximate 8-megawatt MC?importantly to the City of Ukiah, two other agreements resulted. There was a re~i~ed Interconnection Agreement with P.G.&E.; the RIA that provides for the physical Regular City Council Meeting September 4, 2002 Page 6 of 19 interconnection of facilities only. Under the new arrangement, no money is paid to P.G.&E. on a monthly basis and all transportation charges are paid to the CAISO on an as-used basis. The third agreement is called the Metered Sub-System Agreement. NCPA and its members, such as Ukiah, are the first such California to operate under this agreement. This allows NCPA to add u power entities to serve them all simultaneously on a minute-to-minute basis. One significant aspect of this metered subsystem arrangeme~ and the CAISO is that NCPA/MSS members, such as Ukiah, economic blackouts. The City has sufficient resources to meet have to curtail power consumption in the event that an entity, such have sufficient resources to meet its load. ........ NCPA ~ct to lot Another significant aspect of that agreement included its own resources. The ISO cannot dispatch the California. NCPA dispatches the City's plants to control over to meet anybody's load California. The agreements that NCPA negotiated .... and business like operations associated with all the wholesale side the City of Ukiah and all other NCPA members. All of the other NCPA te taken action and have the .~:,,~rticular NCPA approvedmember andtheNcPA.replacement IA and the MSS arrangement. Councilmember Smith inqt )Me this ag~~nt in order for that flow to not be interrupted, rs. Mr. Dame stated that it is nE operator and the transmission so that they last 30 days. Council transl ip with the control area what ~cil is being asked to approve y fashion and as they have during the inquired if it" ;"~'be possible to calculate the potential ~trges at this ti~! Mr. Dame this ag M; intended tl no other te y could not take those charges into account in the development of the new transmission plan that the ISO con~ charges exist but they are spread among all members. iku noted':~::~l~!iiii~der deregulation, P.G.&E.'s move was to move towards liver ene~"~'~{ransmission, mainly. That was their focus and where they Lke thei~i!~'oney. He noted that Mr. Dame has indicated that the City has in town, so to speak. )nded affirmatively that there "is no other game in town". Controlled is a natural monopoly. There can be only one. ~hiku noted that our cost of transmission has increased as a result of the )n of this contract. Regular City Council Meeting September 4, 2002 Page 7 of 19 Mr. Dame responded that, on average, public agencies have paid approximately one- half cent a kilowatt-hour for transmission and transmission related services. Under the new arrangement, not just what happened on September 1st, but going back.::~,,~her because they have been paying some of those increased charges already,..::~,:~ii::~St goes up to about nine-tenths of a cent to about a penny. .~,,~:~,,ii',!~'~iii!ii ............. !:,? ........... :.':',::ii':?~i Mayor Ashiku asked Director Barnes what that means to Ukiah and ~"::ii~i~?~e going to protect ratepayers. :~,,,,,~:~:,?,~,i~ii~?~ ..... .... Director Barnes explained that in the Electric Department budget"::i~iiii~ar, they'~:~'~i ,:: set aside approximately $750,000 to account for the increas~iiii~Jrans~'~~. That ~'~ be a li~le Iow compared to the numbers Mr. Dame has d, but '::~ill be close:~:?~ ~ :~.?~:~ ~: Obviously this year they are in a deficit position and wi:~l~babl~ in a deficit position ne~ year. They are assuming that's when the Ra~~bilization funding, to hold ou~: rates stable, will be available to fund that sho~all. ::~:~:~?~?~::~ ..... ~:~:~?~::~:~:~: :::~: Mayor Ashiku advised that in order to , which we have not had since 1995, we would use the Rate Fund to subsidize rates so that they do not increase. Director Barnes responded City Manager Horsley provide a cushion when to raise rates. Otherwise, next City customers. Director Barm our bond the remain. that the ~e initial ,rmal bonds Fund is to revenu~'"~"~b that we do not have 15% increase in rates to to bridge t~'e shortfalls until we get some of some of the geothermal bonds is 2007 and off by the year 2010. MIS Agency; Baldwin, and izing the execute the Scheduling Coordination ,,of Ukiah and the Northern California Power vote: AYES' Councilmembers Larson, Smith, ;hiku. NOES: None. ABSTAIN' None. ABSENT: Councilmember 10e. ,s,on of Rate Stabilization Fund City Man; that part of this discussion was for staff to describe the situation wi1 recent report that was given to a public member. Mayor Ashi~~ advised that he asked to have this item a endized because at Council's :'~"~i!liiiiiiii~t mee~'~!!~' a Councilmember made the allegation that there is approximately $25 :'"~ii~{Qn.j~ Rate Stabilization Fund. Council requested documentation of that amount a:~ ~i'~ed a copy of Leger 815 with an explanation from staff. There were also some al~ions of other funds existing at NCPA. Regular City Council Meeting September 4, 2002 Page 8 of 19 City Manager Horsley stated for the record that the City staff is not perfect and sometimes make mistakes. She has every faith in her employees and particularly Finance Director Gordon Elton and Public Utilities Director Darryl Barnes ;~r integrity. She has had no reason to believe that there is any lack of integri~ part and that as far as her staff is concerned, and herself, we are here public and have had a great relationship with the public. Under her admi the very beginning, staff has been told and has accomplished the go. honest and having integrity. They are forthright with the public and with Co~ Mayor Ashiku inquired of her investigation of Account 815 an( misrepresentation, wrongdoing, or deception made by the public as to what the figures actually represent. City Manager Horsley responded negatively. members several times to review what had ha[: went the extra mile to give information to a was not easily generated from the City's transactions, not for balances. She found no evider but only to give the public member exactly what they accurate account of the individual transactions. that she met with !It that if anything, sta~i?' uested a report that was for individual of any wrongdoing for and that was an Finance Director Elton state~ over the past week. He that was brought up in the page of the report, $24,127,492 balance. Nowhere on that report fact, that number is in a column lab~ and "Credit" and.~.:~,,~i~:um of the control total ..~:,~: i~not rel~ referenced,~ii!~:~at pa~'~ under the byit. Th~:: amounts: .............................. debits relatil Discussion noted by staff multiple and discussed in his Staff Report that on the final in the paper to be a fund tion as a fund balance. In a subheading of "Debit" ~ report. This amounts to a actual balance. The second number "Journal Entries", with bank names for entries that affect the banking generated by the City's computer and it was e report reflects accounting entries to record that activity and there to record one activity. M under Mr. Libby the $20 iku advis( has a sworn statement in which Director Elton declares of on July 19, 2002 at approximately 2:30 p.m. he met with '~:to him that the balance was approximately $9,910,000 and not on the report. Director El responded affirmatively and that he absolutely stands by that statement. SI( advised that Director Barnes indicates that he was present and he also penalty of perjury that he witnessed, and it was explained twice, that the of $20 million was not a correct or accurate figure. Regular City Council Meeting September 4, 2002 Page 9 of 19 Director Barnes stated that he stands by his statement. Mayor Ashiku stated that the purpose of the Rate Stabilization Fund was to our rates in the event of any type of economic catastrophe in the deregulated .~ well as unanticipated expenses to the termination of the IA or unforeseen cQ~iii~ the ratepayer from rate increases. It's not a rate reduction fund to pass ~lii'.~ebates t~ our customers. In our last budget, it was characterized as the Rate St ~:,,,Fund. Director Barnes responded that those are correct statements, i!ii!iiiii'~? ..... :'"~iil'~!!i i~::~:~::::, .... Mayor Ashiku stated that in most recent discussions bef°r'~'~'i!i~iiiicOun~iii' ::~-':'i i~e referred::~ii::~:~:,: it as a Rate Stabilization Fund. Director Barnes responded affirmatively ..... Mayor Ashiku inquired if we have an account Director Elton explained that we only have a Rate Sti Fu~d. Mayor Ashiku inquired as to the status of the accounting in the paper that indicated we h~ an investment in we should have no problem g~ se reports. He inc the electrical utility and Director Elton explained that we approximately 1988. Money has bi fact, proposals were received this review and pre meeting, to other area: balance re. The~e was a report and that to the status of billing software since replacement software. In are just completing the Council as soon as the next ty billing financial software as well as the City. He noted that the fund :~'of June 30, 2002. May may not a lineman. added to that balance. However, the balance ~nitude since we have authorized a position for reduced rmatively. year. He explained that the $10,500,000 does have Without any expenditure, the interest would be ~nquired as to what objective third party reviews the City's accounting is the protocol. explained that the City Council contracts with an independent CPA firm opinion on the financial statements to fairly represent the of the City on an annual basis. The firm that provides that service is .... ~,~,~,~::,~ , Hammond, and Company. They have been issuing an opinion on the accuracy or fair reputation of the City's financial transactions on an annual basis. Regular City Council Meeting September 4, 2002 Page 10 of 19 Mayor Ashiku inquired if they have every identified a discrepancy in the amount in the Rate Stabilization Fund. .~:::::'::'"'~ ::~i~::~::~::~ ::~i~::~::~ ~::~::~::~::~:~'' ': ~ :: i!iii!~::i !i iii::iii:=i i:, i:,iiii ii:: ~ Director Elton advised that they have not. :~,::::~;~'~',ii?~iiii ii? Mayor Ashiku explained that some questions came up about signific~i '~i?~ii[eserves at NCPA and inquired about the type of reserves that exist, as welL~i~e f~':'~ and purpose of those reserves. ~?~iiii ii iil .... ?'~::ii~'?'i Mr. Dame explained that there are three categories of fun~::~iii~at NC~ii~s relate~:~ii:~i:~ members. NCPA's Treasurer-Controller,sent a letter to..:~,~il ~::~,,::,M,ana~'~::~~' in which explained that they have what is called a Phase 2A O ~g ~'. That fund is used when staff does some general Iow-level inves~ns regarding new resource:i:~ opportunities or new contracts. The City of Uki~ii~:rrently:~:~ilD~S approximately $72 Another account or fund that was established in mid::~::::~ii~:: 1990s was the "General Operating Reserve" and that fund allows NCPA membe~§ii~:~eep certain funds on hand at NCPA, and it is not dissimilar to the City's Rate St .ion FUD~, If a NCPA resource unfo~unately should a fire fail to operate,'::~~:e~ket prices for wholesale power should es done in the las(:~~hd a half to over $300 a megawaE hour, the ~e those funds ~:' discretion to cover situations like that. ~bers..:~are::~::~¥e~ concerned about having sufficient reserves at Ukiah has approximately $3 milhon":~"~i,ii,,~!t. No other NCPA member has any The third they bill of resourc~ share of ti sellim to day about $650 ~se account for the City of to the City of Ukiah. y way whatsoever. an account 6~nd; i? the NCPA Operating Budget in which on a mont~~~ for its participation in all the NCPA olin!l cost, t~~ff that does the scheduling, buying and and makingii.~ that the bills are accurate. On an annual Ukiah is approximately $7.5 million. That's That's not a fund or an account per say. if the $3 million account represents an operating reserve. ::~:~ ~::~ ::~: that the City of Ukiah does not have a Rate Stabilization Fund Mr. Dame ~i~urred with Mayor Ashiku's statement. .......................... ~i ~:i::i;[ ::i: ::~ ~[~:,!::~:/~::i::~!: '~i~:~ii~'~~r:~iii"ku::,_ inquired if Ukiah is unique as a member city in the type or quantity of r ~":that we have in the Rate Stabilization Fund and inquired as to what is c~{eristic of what NCPA sees with other member cities. Regular City Council Meeting September 4, 2002 Page 11 of 19 Mr. Dame responded by saying that the cities do vary somewhat. NCPA's internal estimate of what the City of Ukiah should probably have, either at NCPA or at home to cover NCPA type contingencies, is about $3.5 million. The City of Ukiah is very in line with that. There are other members of NCPA that have as much as $20 more in the same category of the General Operating Reserves (GOR) at the City of Ukiah is doing is right in line with the prudent action that taking. Councilmember Baldwin referred to chart on page 2 of the Staff that was the request that was received from the member of the Director Elton explained that the request that was transactions in the fund. Councilmember Baldwin inquired if he was has a copy of. Director Elton responded that he was not asked for and if summation that Council no~~i~'''' .... summation. Mayor Ashiku stated he knows that there have been demands of staff to process has copies of several regarding these accounts. has spent on this matter accounts that have been .~ requests regarding a ;ouncilmember's s or Barnes as IS, of time and noted that he staff members amount of time he with questions about Director Barnes responded that he week has been ring the documents g with that approximately one man that included copying, making ;lerk, and answering the emails. Council ;r e Rate in~ possibly this can't be a issued by Councilmember Libby )n Fund ~rred to the City's NCPA representative ~0t been forthcoming with action reports and )n and she made comments that some of until our current Mayor exits office. The City's current Mayor ,~,~:~ii~i~en our NCPA representative. For the past six months he has been ~::~:~iii~ii!iii?riiiiiii~ii~i~~~,the ~::alternate because the Mayor was not able to do so. He has ilijn affect, 1 ~esentative. He felt that he has been accused of some fraudule ivity a~ c ~btential malfeasance in office. He went on record by stating "If Councii ber .i y indeed believes that this document indicates the potential malfeasanc~i~y the staff, fraudulent activity by the staff, or you and I, that they take that information,~t document to the District Attorney, the State's Attorney General, or ~"'~"~'!i~,iiiiiiiiiiii::~,,,~somebody.~,~ii~ediately and ask for a full investigation because I believe that the ='";~!!i'~iii~!egation~t have been made are a slap in the face of our staff who you heard our ::~:=~.M ~r essentially express a lot of faith in their se~ice to the City, the residents ~munity, and it could have some long range affect on thei~ careers. As far as fo~:Mayor and myself, he is not going to run again and it wouldn t necessarily impact on~::::=~'is potential for reelection. However, he (Smith) is running for Mayor and it could Regular City Council Meeting September 4, 2002 Page 12 of 19 have some impact on the potential election, especially if the public believes that he's been guilty of some fraudulent activity. He would like the matter investigated immediately so all of us can be clear. Mr. Dame advised that NCPA is a public agency although they are not pa they are a separate public agency. They currently have 21 public are a creature of the state of California; California Joint Powers with all accounting laws applicable to a public agency California. of Mayor Ashiku inquired if it also complies with the meetings are open and noticed, and if the City of Ukiah Mr. Dame responded affirmatively. Mayor Ashiku inquired if the agenda is copied City Manager Horsley advised that the agenda Councilmember with an invitation that if there is like to review from the packet, they are welcome to come or have it copied for them. Act if yagenda. are copied to every e agenda that they would at information Mayor Ashiku went on Councilmembers an o the agenda items. Also, they are had in Sacramento, and also with conducted. He was surprised to communication, published. F~ has been that hg~i~i!!iiiii~s always offered · ector B~s to talk about any of of the hearings that we g Sessions that were ;ase that there's been no of ;PA when they have been well :o maintain that he has to wonder if anybody em do have a stock release that charges that NCPA, by ;10 million in Calpine Corp. He stated that we that company and inquired if Ukiah owns any ~wnership in that company, and does NCPA for that matter. last was a 10-~ does not own any stock nor have any ownership typed there are three ways they do relate to Calpine. Earlier of members entered into a long-term contract with Calpine. It to by 45 megawatts of power on a 24-hour a day basis. The ,participates in approximately 2 megawatts of that contract. Another have with Calpine is that they operate geothermal power plants ;PA facilities in the geysers area, not too far from Ukiah. NCPA also ,ith Calpine on certain of the effluent pumping projects which takes and pumps it back up to the geysers area and then reinjects it into the ;ervoir for the future production of steam. Regular City Council Meeting September 4, 2002 Page 13 of 19 Mayor Ashiku clarified that the effluent project that pumped the wastewater from Lake County to the geysers, had Calpine not participated in that, we would have had to shoulder the entire cost of that project. , Mr. Dame concurred with Mayor Ashiku s statement. :~,~,.~,~iiii~~ iiii!iiii? .......... Mayor Ashiku further clarified that the benefits from that project basi i! iled out what we were able to rejuvinate and extend the life of those geysers:;~:ii!~'~iiii!iii? .............. ~'~':~"i!?~iiii iiii!iiii?~?~?,~: Mr. Dame concurred and explained that the combination of both ::'~::~!ii~¢se proj~'~ looks like we will have an additional stable 20-30 megawatts,,~, ing o~'ii~ii?~that proje~(iiiiii Councilmember Larson inquired of Director Barne~i,,iiii~ii~e ':'~i~ii'~i;ever executed any contract with Calpine or NCPA regarding any of ~!~'i0 milliOn investment withou~;,~i Council having the item agendized and approved:iiiiii~::"furthe~iiiiii'~explained that the preS~ release says that the entire Calpine agreemen~~~t agenS~and the Council was Director Barnes stated that he did not enter into any I°~[~ debt arrangements with Calpine. The contract the City has with Calpine is a p~::~~ cont~t to purchase power for a 10-year period and energy to our custome~b.a~~hase contract was brought before this Council . ::~::~:~?~?~:' Councilmember Smith was a $~illion deal. Director Barnes and Mr. Dame approximately $14 million. Mayor Ashiku e.~~gd that the not with Calpine, it was between NCPA members, Cit~iiii~I! , and inc the State of California participated in that Mr. t were fortu~¢'"":this"-':'":'":"~:': - year because there is an additional proj the "Basin 2000 Project" and through an arrang state, they received a $4.5 million contribution toward the col ion of that project which not for the state giving that money, the ::~,,::;~:~::~,,~i~i~ bermal of which the City of Ukiah is a member, would have had to pay ~i~::~ata share ,unt. Mayor it would have cost Ukiah approximately $500,000 more if we had be y. Councilme~ r Larson noted that there has been an accusation that NCPA's records ~poenaed by the federal government in connection with the California ~have been~:~i iiiiii~dce-gou~~'' scheme. He inquired if we were the sole target of that investigation. ~ii~'ii~'~i~:~explained that there is a whole array of both state and federal investigations re~'"to power pricing over the last two years in California and between California and th~'"~'::':~'~acific Northwest. Because NCPA, on a daily basis, participates in those markets, Regular City Council Meeting September 4, 2002 Page 14 of 19 they, along with all other participants in those markets were subject to this investigation and had to respond to requests for information just like every other market participant. In fact, the agency has probably spent in the neighborhood of $400 complying with all the information requests made by the state and federal About 2 1/2 months ago he appeared in front of Senator Dunn's c~ Sacramento and responded to certain allegations related to NCPA. staff has assured them that as far as NCPA is concerned, they are They did sell power at some very high prices over that period, but and it had no affect over those prices. They also bought power at that same period of time. He assured the Council that NCPA openly and above board on every transaction that it makes ,~i!~,~== Councilmember Baldwin was of the opinion that this improve. We can do a great deal more than what terms of making our rates progressive and faire seniors. The fact that the citizens of Ukiah very significant at this time, given what to P.G.&E. and other private for profit energy that we, the citizens, own this. These administrators, paid for working extremely hard and for being diligent and of the utility that's owned by the c~munity, is not to enrich ividual. It's to serve the community. He felix.,,==~...all wonder about behind the brouhaha. It has somet~~, ~'6~ i~=~=~esire for I: i ~n. We should be proud and ,happy, and workii ~i,~i~,pur ufi~i~liii?~er, but we want to keep it in the Lorraine Bauer, local attorney , st~i!i~'hat the accusations made by Councilmember re not fact and'":bould be considered evidence of wrongdoing. .::,~,,~,~,,:=~:!egal action that the City could pursue D u n n them. ~ntity ,er should continue to already done significantly i9~,~i='=?~:;~:~: people and strugglin~I'?=~ power agency is has happened Should be very proud lepartment heads re well goal, the goal Will ien treated with nothing but respect by City questions about the Rate Stabilization Fund, it should ~er. He finds Councilmember Libby's pattern of behavior and if she were in attendance, he would ask her to resign. iiiiiii;i!~~~ersen, that an important point is who has made most of the requests[ ~nfo City regarding the Rate Stabilization Fund. Has that : :::.~i~i!::=:~i::i:.::!!i::i:.ii~:::i ii. .... Mayor Ash"~ advised that it is his understanding that there has been no request other than the foll~iup requests based on this allegation from the City Council regarding the Rate Stabi!,~ion Fund. It has been solely Ron Libby making these requests for :::?:i':~iiiiiiii~tormati~ili?'He inquired of staff if there have been any other inquiries regarding the :~,~i! S~i~ation Fund. D~'or Barnes stated that all of the inquiries have come from Mr. Libby. Regular City Council Meeting September 4, 2002 Page 15 of 19 Director Elton stated that he received no other request other than from Mr. Libby. Mr. Andersen inquired as to how much money Mr. Libby has spent in obtainin, documents. City Clerk Ulvila explained that whenever Mr. Libby obtained copies at paid 20 cents a page. City Manager Horsley stated that several times Mr. Libby came looked at documents and didn't have copies made. These some cases went back as much as seven years and the City obtain the documents from the archival boxes. ........ just in Mr. Andersen continued to discuss his views discussed the incident whereby his wife, Councilmember Libby during her interwew Commission, which failed to happen. He was smears and impugns the character of City itself and finds it very hypocritical and sad. Puser, was criticized by:,ii ~nt to the Plannin~ ;ouncilmember Libby y, and the public Ana Araiza, advised that she is running for the position and felt that this situation is frighl taken by Council at this time. allegations that are not the election, ction is to be there are Mayor Ashiku advised that there have an ethical obligation to be her. As far as what action can be his belief that th been their job a effort; hone~ Wh~ will be critici down the re ped that ~thing h TheY'?~!~itled to all they ~'~:to do is ~uncilmember Libby does )uncil can do to compel made their case and it was staff, who's characters have been restored because they have done was really the whole point of this in honest government and we do have open government and we hide nothing. ............ ;nt Councilmembers have, you accept that you on your back. It is entirely unacceptable to tear of the people that work for you, particularly when it's unfounded. will again have faith that we are being honest and fair and public is welcome to view for themselves what's here. iformation that any of the Councilmembers are entitled to, it. Larson concurred that elected officials do have targets on their back that is accepted when they run for and accept office. He advised :ilmember Roy Smith decided not to attend the League of California ince this week because of this subject. The overriding concern was not to shots taken at our own backs. It's all been a very frustrating and process at time. Their overriding consideration was to stay home and City staff and City government, and represent the residents we were elected to represent. Most importantly, our staff (He pointed to staff members Darryl Barnes, Regular City Council Meeting September 4, 2002 Page 16 of 19 Gordon Elton, Candace Horsley, and Marie Ulvila) and 140 or 150 other people who work hard for this City to bring the public its electricity and to stabilize the rates and all the other things. Council has an obligation to protect their reputation, and that take's precedent over any campaigning, trips to conferences, considerations. He noted that hanging around Ukiah this past last week b~ in that process, and seeing City staff pull together and gather all the they gathered for tonight, under the leadership of Candace and the has been expressed around City Hall has been enlightening, the relationship between Councilmembers who have been involved and City staff amongst themselves both within their de interdepartmentally, has been really phenomenal and it's,~,~:,~_e~lly a lng that citizens don't see that they have the kind of staff we.:~:: sincerity that they ex,press in their work. It has moved~i,,~a g deal. He s glad he stayed home and he s very glad that he works for th~ ~i'izens of Ukiah, but especially? fo r th e em p loyees of th is City. Councilmember Baldwin noted that one of we are still paying for a very questionable decision I: the power plant at Lake Mendocino. It seems to rarely breakdowns or decisions by state and federal agencies. 86% of our power comes from including commercial and pointed out, there has not pointed out that for struc lowest rates among the Northern lower than P.G.& E. We have sen1 Fund. We are being hit by these wable energy sources. ther is lower than for seven lng tlifornia le here is because ~rs 20 years ago to build us the power because of be ,inted out that average As the Mayor It should also be we have the encies and significantly the Rate Stabilization costs and it's this fund that allows us not ta,,=:,,,,,~ to go to payers for an increase at this time. He encouraged s~ i~ public utility ~'~:~ wor~ing together to make it better. Council ite¢ that in re' '~' to Ms. Araiza's question, he'd like to see sn't somewe could bri~!i',~'::is to an ending point. He thought we need to Councilmember Libby to take it to the Grand Jury, or he thought we ought to do that with some sort of timeline, should also insist on a public apology to the staff at its next 10d. iai Conduct During_ Council Meetings - Western Cities Ma, ~r Ashiku advised that there was an article in Western Cities Magazine in the larding ethics and a copy of the article was provided to Council. The ,ut rules of conduct, grandstanding during election years, as well as how type of conduct is, how detrimental it is to the community and to the how unfair it is to each of us who participate in this process when a person to furthering the debate in a constructive fashion. When allegations that are unfounded and thrown upon us, that Councilmember has the duty responsibility to share equally that information with the Council so that the entire Regular City Council Meeting September 4, 2002 Page 17 of 19 Council can arrive at conclusions based on an equal understanding of the material, and can have the same opportunity that the Councilmember possessed, to question staff and to determine the voracity of the information that's being presented. He that what we have witnessed over several years has been rules of conduct been violated and how it's been detrimental to the process here. destructive and disruptive in conducting meetings in an efficient fashi guess probably the most detrimental component of that is it unfounded allegations that go unchallenged. How it undermines th government. It's information that has been strategically placed that serves that and the motivation of that individual. What it does and that person presents that to the public as being true= elected official, you're held with a higher level of ac~ '. apparent to him in the six years that he has served in the last two years, is that certain Counc the sophistication to not cross that line. He feels conduct that defines for incoming Councilmem the parameters as to what is appropriate. depriving a committee assignment, restricted travel to the docking of Council salary. New Councilmembers an orientation of how meetings are operated, the proper ,u have their and the Council, appropriate the public scrutinizes every a: disturbing about this whol. Councilmembers and staff, second of the day. He explained has questions. It was his belief going to ask for that time, that because she is She needs because and the as thi and Council ..... and really apparent disci'Pline, the experience~:~i~: no~,~,,~that we adopt a code ,d existi~!ii~,ouncilmembers as to d bei~,~::~i!~j~ple as removing or reprimand by the Mayor, be brought in and have ~en the public when you behavior. The oes to rule at this position, that he found conduct between beck and call at any on their time if he if Councilmembers are from the City Manager allocation 6f that resource, and that is staff. ~rs are doing and what they are working on alarmed by the amount of activity for something as trivial and ridiculous the lines of the notion of everyday ethics er come back with some guidelines on pe of activities. iili iiii i!i~iiii!i~ :: ethics pointed out that in the article, there was one section about on ;ments. The Institute for Local Self Government, which is ifornia Cities, has sample ethics policies available on their McC~n, Ukiah, was of the opinion that adopting a code of conduct is good for John ways in whi~!ihe City Council operates, however, he cautioned Council about leaping adoptin~!~nctions because there may be potential for abuse. into stated that it is not their intent to levy any sanctions, at this point, on ~d understood Mr. McCowen's concern. Regular City Council Meeting September 4, 2002 Page 18 of 19 Councilmember Larson advised that as much as he sees the need for a policy regarding ethical conduct on the Council, felt that Council is entering into dangerous ground and are usurping the right of the voter to decide He doesn't think it is a ~ ess that .... could conceivably be initiated and adopted by November 5t . He saw it long-term proposition and a relatively new Council would address the bulk:,ii~?i?~i~i~ coming months.. :~,::~?~i::~ii?~i!ili~i?: Mayor Ashiku discussed other cities that have implemented a c ethics. His primary concern is for the City Council to have a set of December 2002 so that the new Councilmembers and the in~ operating under the same guidelines. He thought that Council and staff an apology, which is the honorable thin the items that could be listed in a Code of Ethics. Council samples of guidelines from other cities for meeting. and in to by owes ad some that Staff provide conSideration at the nE Councilmember Baldwin advised that he is time appropriated by one Councilmembers. He felt one individual Councilmember, rather than by majority Councilmember Larson character in the November the public to vote for amount of staff ;ing taxpayers' dollars by Ihe entire Council. high ethical Council thanked Mr. Damt the me~ g and their input. 12. CLOSED SESSION Conference with Labor Emplo Labor Not neede~ Manager b. Not needed. 54957.6 Memorandum of Understanding y, City Manager the City Council meeting was adjourned at 9:30 p.m. Clerk Regular City Council Meeting September 4, 2002 Page 19 of 19 · ITEM NO.: 6a DATE: October 16, 2002 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF SEPTEMBER 2002 Payments made during the month of September, 2002, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedule of Bills, representing the four (4) individual payment cycles within the month. Accounts Payable check numbers: 42177-42262, 42266-42364, 42460-42565, 42573-42667 Accounts Payable Manual check numbers: 35465-35467 Payroll check numbers: 42054-42176, 42365-42459 Payroll Manual check numbers: 42263-42265, 42567-42572 Void check numbers: 42566 This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1. RECOMMENDED ACTION: Approve the Report of Disbursements for the month of September, 2002. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Kim Sechrest, Accounts Payable Specialist Coordinated with:Gordon Elton, Director of Finance and Candace Horsley, City Manager Attachments: Report of Disbursements AP P ROVE D.'L_~~-~,, Candace Horsley, Cly Manager KRS:W ORD/AGENDAASEP02 CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF SEPTEMBER 2002 Demand Payments approved: Check No. 42177-42262, 42266-42364, 42460-42565, 42573-42667, 35465-35467 FUNDS: 100 General Fund $165,342.12 600 Airport 131 Equipment Reserve Fund 612 City/District Sewer 140 Park Development $1,259.45 652 REDIP Sewer Enterprise Fund 142 National Science Foundation 660 Sanitary Disposal Site Fund 143 N.E.H.1. Museum Grant 664 Disposal Closure Reserve 150 Civic Center Fund 665 Refuse/Debris Control _ _ 200 Asset Seizure Fund 670 U.S.W. Bill & Collect 203 H&S Education 11490(B)(2)(A)(I) ..... 675 Contracted Dispatch Services 204 Federal Asset Seizure Grants _ _ 678 Public Safety Dispatch 205 Sup Law Enforce Srv. Fd (SLESF) ~_ __ 679 MESA (Mendo Emerg Srv Auth) 206 Community Oriented Policing 695 Golf 207 Local Law Enforce. BIk Grant 696 Warehouse/Stores . 220 Parking Dist. #10per & Maint $_1_:.297.04 697 Billing Enterprise Fund 230 Parking Dist. #1 Revenue Fund 698 Fixed Asset Fund 250 Special Revenue Fund $3,355.21 699 Special Projects Reserve 260 Downtown Business Improvement 800 Electric 270 Signalization Fund . _ 805 Street Lighting Fund 290 Bridge Fund 806 Public Benefits Charges 330 $14,024.70 820 Water 332 Federal Emerg. Shelter Grant $10,417.10 840 Special Water Fund (Cap Imp) 333 Comm. Development Block Grant $5,545.29 900 Special Deposit Trust 334 EDBG 94-333 Revolving Loan $6,138.25 910 Worker's Comp. Fund 340 SB325 Reimbursement Fund .... 920 Liability Fund 341 S.T.P. _ ....... 940 Payroll Posting Fund 342 Trans-Traffic Congest Relief .. 950 General Service (Accts Recv) 345 Off-System Roads Fund 960 Community Redev. Agency 410 Conference Center Fund $5,700.57 962 Redevelopment Housing Fund 550 Lake Mendocino Bond 965 Redevelopment Cap Imprv. Fund 575 Garage $1,204.00 966 Redevelopment Debt Svc. PAYROLL CHECK NUMBERS 42054-42176, 42263-42265 DIRECT DEPOSIT NUMBERS 14371-14498 PAYROLL PERIOD 8/18102-8/31102 PAYROLL CHECK NUMBERS 42365-42459, 42567~42572 DIRECT DEPOSIT NUMBERS 14499-14626 PAYROLL PERIOD 9/1/02-9/14/02 TOTAL DEMAND PAYMENTS TOTAL PAYROLL VENDOR CHECKS TOTAL PAYROLL CHECKS TOTAL DIRECT DEPOSIT TOTAL PAYMENTS $54,633.47 $27,584.33 $5,451.73 ($13.80) $25,907.34 $2,378.16 $12,033.22 $17,469.02 $479.50 $2,025.74 $165,870.06 $23,929.30 $633,502.60 $12,240.29 $10.40 $197,600.80 _ $1,857.04 $55,112.44 $144.00 $85,585.14 __ $1,585.86 $72,500100 $8,120.49 $1,622,668.07 $70,561.15 $154,146.37 $303,518.39 $2,150,893.98 VOID CHECK NUMBERS: 42566 CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on City Clerk APPROVAL OF CITY MANAGER I have examined this Register and approve same. CERTIFICATION OF DIRECTOR OF FINANCE I have audited this Register and approve for accuracy and available funds. 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The decision to remove the four oak trees came after a series of large limbs fell presenting an extreme danger to children utilizing nearby playground equipment. Additional attempts to stabilize the trees with cabling and other tree care techniques were deemed to be inappropriate due to the extent of deterioration from age, disease and rot. John Phillips, a certified arborist, was consulted and agreed with staff's assessment. The trees were removed in early August. The extensive tree planting that occurred in early summer, as part of the Trees for Millennium Grant project, will help to restore the shade canopy. Bids were received from three local tree services with Johnson's Quality Tree Care being Iow bidder. Attached for Council's review is the bid summary. Contingency funds for tree care and removal are budgeted in the 100.6001.250.000 account. RECOMMENDED ACTION: 1. Receive report regarding the purchase of services from Johnson's Quality Tree Care for the removal of four trees in the amount of $5,600. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Sage Sangiacomo, Community Services Supervisor Candace Horsley, City Manager and Larry W. DeKnoblough, Community Services Director 1. Bid Summary APPROVED'"'-~'~~~ -- Candace Horsley, Cit~anager Attachment #1 Tree Removal Bid Summary August 8, 2002 1. Johnson's Quality Tree Care 2. Timberlake Tree Service $5,600 $7,500 3. Family Tree Service $8,664 AGENDA SUMMARY ITEM NO. DATE: OCTOBER 16, 2002 REPORT SUBJECT: APPROVAL OF BUDGET AMENDMENT FOR INSTITUTE OF MUSEUM AND LIBRARY SERVICES GENERAL OPERATING SUPPORT GRANT (IG-00-02-0835- 02) AND DEPARTMENT OF INTERIOR GRANT (NBCH1020015) The City, through the efforts of the Grace Hudson Museum Staff and the Sun House Guild, has received two new grants from the Institute of Museum and Library Services (IMLS) and the Department of Interior (Del). Neither of these grants was anticipated at the time the budget was adopted and thus a budget amendment is necessary to identify the new revenue and authorize the expenditures. There is no local funding match required by either of the grants The IMLS allocation is the third grant the City has received from this agency and provides $48,820 over the next two years. The grant will be used for collections care, exhibition support, and equipment upgrades. Attachment #1 details the proposed grant expenditures for the remainder of the current fiscal year. The Del allocation is the first received from this agency and provides $250,000 for work from September 27, 2002 through September 26, 2005. This grant will support the proper caring, storing, and exhibiting of the Museum's collection of Indian basketry and the creation and distribution of related educational programs. Attachment #2 details the proposed grant expenditures for the remainder of the current fiscal year. Staff is very pleased the Museum is able to continue its efforts toward improving its exhibits, programs, and collections with these grants and recommends approval of the budget amendment. RECOMMENDED ACTION: Approve amendment to the 2002/2003 budget for the IMLS- Grant #1G-00-02-0835-02 and Department of Interior Grant #NBCH1020015, increasing revenue in accounts 141.0600.491.002 by $250,000 and 143.0600.491.000 by $24,410, and authorizing expenditures of $149,152 in accounts 141.6166.xxx.xxx, and $22,950 in accounts 143.6167.xxx.xxx. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine modifications to the budget amendment are necessary, identify changes, and approve revised budget amendment. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A herri Smith-Ferri, Museum Director SMichael F. Harris, Risk Manager/Budget Officer~o.,,.,2,.,, Sherri Smith-Ferri, Museum Director and Candace Horsle'y, City Manager 1. Grant Schedule for Del grant, pages 1-3; 2. Budget page for new Del Grant, Fund 141, page 4; 3. Budget page for new IMLS Grant, Fund 143, page 5; 4. Budget worksheet, page 6. mfh:asrcc02 C'~n~ce Hdrsley, City~Ck,anager 1016MusGrants FROM ' Grace Hudson Museum PHONE NO. ' 707 467 283S Oct. 09 2002 02:35PM P3 ,/ I, Graat Number: NBCHi020015 , Gr~utee: C-rico Hudson Museum, Tho Sun House 421 ~. Msi~ SlTeet Uklah, California 95482 -, Gra~ee PoiM of Contact: ~hcme $mit~-F~tri, Director (707) 4~7-2836 Cla8~ of Reefpknt: State ot local governments Identification Numbers: DUNS: 074642893 TIN: 94-6000-446 CAGE: 1WGX8 CFDA#: 15.850 Statement o! Work: The work to be accompl~hed is idefl~ in thc Oramce's mamg~nent ~nd e~t propos~I Iisted b~low, which Js incorpm'ated by refcrmme pursuit to Article 9 of Exlu2fit A of ~ a. Title: "Grace l*,Judson M~eum' b. Da~ of Proposal: Managcmmt and Cost propolal dated 07 June 2002 c, Congressional Mandate: FY2002 Department ortho In.riot and Rela~d Agcncic~ Appropriations Act (H.R. 2217, H. Rcpt. I07-234), Public Law 107-63 d. Summary of ~he Purpose and Objectives of the Projecr~ The purpose of this ~ ia for the '~Bnhancemenu to the Pomo Indian F_,xhib~-. The objectives ~ the proper carin$ ~'~oring sad exhibitin~ of the nmscums' collection of lodiea basketry and die creation and diatr~ution of related educalimud progtana. 7. Performamce Period: 27 September 2002 through 26 September 200~ 8. l~undtl~. ~t~'s mml~gemeat and coot ~opos~l, entklcd, "(Trace Hudson Museum", dated 07 ,lllrie 2002 i~ iucorporas~ by reference pursuant to Article 9 otExllibit A of tlxi~ gnmt. a. Funding Sources: Congressional b. Awerd Amount: $ 250,000.00 c. Fund~dAmount: $ 250,000.00 d. Funded Period~ 27 September 2002 through 26 September 2005 APp~priation Dnt~.. 2002 WH 6300 WHO~ 2SSA in ~he amount ors 250,000.00 NBCH1020015 Grace Hud~oa Museum, The Sun Ho~se Authority, PL 107-117 H.R.. 33~$, $~. 8168 FROM : Grace Hudson Museum PHONE NO. : ?8? 46? 2835 Oct. 89 2002 02:36PM P4 Points of Contaett 11, 12. 13. 14. I5. 16. I7, 19. a. Program Manager: b. Grant Admfntatrator: U.S. D~wlment of Int,-nor IMian Am and Cra~ Board Att~ng~: Kristen Benedeito-Herrin 1 M9 C Streeg ~ MS # 4004 Wuhingmn DC 20240 Telephone: (202) 208-3773 Fax: (202) 208-5 !96 Smaih __Y~i.'ate_n. nened~o-I:f~_n~n~o .d~.. v Deparmm~t of ~ha Interior National Business Ceme~ Acquisition $cr~ric~ Division ~u~est B~h P.O. B~ 12924 F~ H~chuc~ ~ 85670-29~ Tclc~o~ (520) Administered By: Department of Int~'~r/b~ark~nal Businsss C~ (DO~Bc) ~d ~ ~ ~ ~d ~ ~ S~ ~clc 16 of ~it A for ~ a~~fi~ ~ca dc~gat~ to ~e ~ ~ ~ Te~m and Conditions: This grant i~ subject to Dugartm~t of interior, National Business Center, Acxtui~n Servtcr~ Division, Southwest Br~nch, Genera! Terms and Conditton~ for Grant Award ~o l~dueational Imtit~tions, Nongrofit Oi, gs,i~nti0ns, and Sta~ and Local Goveram~ts set forth m thc atiached Exlfibit ^' and to any Sl~cial Terms and Conditions coniaincd in Item 19 of this P. esearch Grant Options for Additional Fevtod~ of Fundin~ Incran~nts and Options: The Crtantor's obligation to provide funding for ineremen~ and/or options is pwatant to Article 14 Of l~xhlbit A. Relmrttng Requtren~nts: Report/n~ requit~artts pursu~utt to Articles ] 7 and 18 ofExhibit A. Paymsnts: Payment will be made IAW Amcl~ 1 Acceptance of Grant: Acceptance ofthi~ ~'a~t is purszant to Article 10 of Exhibit A. Fundlns Profile: FY02: $250,000.00 Spe¢t~l Terms and Conditions; None stat:ed. N'BCH I O2O015 Grace It~dsoll Mtu~um, Th~ Sun House 7m Authori~: PL t07-I I7 II. IL 3338, $cc. 81~8 FROM ' Grace Hudson Museum PHONE NO. ' ?8? 46? 2835 Oct. 89 2002 02'36PM PS , .~ UNI'I~D STATES O1~ AMERI¢^ DOFNBC Acquisition Semc~ Division Southw~s! Branch DaB: 27 $~be~ 2002 Exhibit: Exh/bi! A: .. Terms ami Conditions for Orant Awards ~ Educational In.~otions, Nollprofit Orgmizations, and Stat~ and Local Government I~CH 1020015 Ch'aCC Hudson M~seul~, The Sun Houss Authority: PL I07.117 It.R. ~3~8, S~, 8168 0 > 0 0 I-- Z UJ ITEM NO: 6d DATE: October 16, 2002 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF ORDINANCE ENTITLED FIRE PREVENTION CODE AND OUTDOOR BURNING At its October 2, 2002 meeting, the City Council introduced, by a 4-0 vote, the ordinance entitled Fire Prevention Code and Outdoor Burning. The Ordinance has been prepared in final form and is ready for adoption. The ordinance becomes effective 30 days after adoption. RECOMMENDED ACTION: Adopt Ordinance Amending Division 6, Chapter 3, Articles 1 and 2 of the Ukiah Municipal Code Entitled Fire Prevention Code and Outdoor Burning. ALTERNATIVE COUNCIL POLICY OPTION: Do not adopt the Ordinance and provide direction to Staff. Citizen Advised: N/A Requested by: Ukiah Fire Department Prepared by: Chuck Yates, Fire Marshall Coordinated with: Candace Horsley, City Manager Attachments: 1. Ordinance entitled Fire Prevention Code and Outdoor Burning, pages 1-2. Candace Horsley, City~anager ATTACHMENT... ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING DIVISION 6, CHAPTER 3, ARTICLES I AND 2 OF THE UKIAH MUNICIPAL CODE ENTITLED FIRE PREVENTION CODE AND OUTDOOR BURNING The City Council of the City of Ukiah hereby ordains as follows. FINDINGS. The City Council of the City of Ukiah finds: 1. The City of Ukiah periodically receives updates to the California Fire Code for adoption into the Ukiah City Code. 2. The Fire Code amendments included herein reference the 2001 California State Fire Code. follows: Accordingly, the City Council of the City of Ukiah does hereby ordain as SECTION ONE- Sections 5200 and 5216 of the Ukiah Municipal Code are hereby amended to read as follows: {}5200: ADOPTION OF CALIFORNIA FIRE CODE: Adoption of the California Fire Code, -1998 2001 Edition, including all appendices, standards and references, inclusive, as compiled and published by the International Fire Code Institute, International Conference of Building Officials, and the Western Fire Chief's Association, Inc. This adoption shall include all amendments which shall be made to the California Code of Regulations, title 24, part 9, as approved by the California Building Standards Commission, and referred to as the California Fire Code. Said California Fire Code, three (3) copies of which have been filed for use and examination by the public in the office of the City Clerk, is hereby referred to, and, except as to omission, amendments and additions hereinafter noted, is hereby adopted and made a part hereof, as if fully set forth in this Article. §5216: Section 1003.2.1 - Where Required. For special p isio magnes' rov ns on,.,,"'h"'m ;,',~ I,,.,,, ,,,.,,.,, ,., ,~ n "l, ,., ~U, ,~,,,.~,~n~l,,., ~,~,,.,,,.,,ne~ Inh ~m,, ,',~ rhi,Nn,.,~,,, special hazards and hazardous materials, see Section 1001.9 and Articles 79, 80, 81. Ordinance No. Page 1 of 2 ._ [, ~' SECTION TWO: This Ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. SECTION THREE: This ordinance shall become effective 30 days after it is adopted. This Ordinance was introduced by title only at a regular City Council meeting on October 2, 2002, by the following roll call note. AYES: NOES: ABSTAIN: ABSENT: Councilmembers Larson, Smith, Baldwin, and Mayor Ashiku. None. None. Councilmember Libby. This Ordinance was adopted on October 16, 2002, by the following roll call vote' AYES: NOES: ABSTAIN' ABSENT: ATTEST: Phillip Ashiku, Mayor Marie Ulvila, City Clerk Ordinance No. Page 2 of 2 -.- ~... AGENDA SUMMARY ITEM NO. 8a DATE: October 16, 2002 REPORT SUBJECT: PUBLIC HEARING AND ADOPTION OF RESOLUTION APPROVING AN APPLICATION FOR FUNDING AND THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENT THERETO FROM THE PLANNING/TECHNICAL ASSISTANCE ALLOCATION OF THE STATE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FOR A STUDY TO CONSTRUCT THE PLOWSHARES COMMUNITY DINNING ROOM FACILITY The purpose of this Public Hearing is to invite comments from the public regarding the City's interest in submitting an application for funds to the State Community Development Block Grant (CDBG) program. The proposed project involves assisting Plowshares of Ukiah obtain funding for architectural services in the design of a new community dining facility. In addition, this grant request will also provide Plowshares with civil engineering analysis for site preparation, design of the building, drainage remediation plans, and grant administration. Plowshares has been in operation in Ukiah since 1983. This community organization provides assistance to families, children and the homeless who lack basic needs associated with personal care. In addition, Plowshares provides 100 hot meals a day, five days a week, and resource referrals for medical and other personal care needs to the needy. As a result of the growing demand for services offered by Plowshares, its current dining facility is too small to adequately meet the needs of its growing client base. The shear growth in client numbers is now starting to affect the surrounding neighborhood and it is time for Plowshares to seek a larger facility. Under the State of California Department of Housing and Community Development, the City of Ukiah is eligible to apply for an Economic Development Planning and Technical Assistance grant totaling $35,000 with a requirement that the city match 25% of the grant or $8,750. The City will provide in-kind services · and Plowshares will provide the additional match of funds. This grant will allow the City of Ukiah to work with Plowshares to strategize how it can design a new community dining facility. RECOMMENDED ACTION: Hold a Public Hearing and Adopt the Resolution Approving an Application for Funding and Execution of a Grant Agreement and Any amendment thereto from the Planning/Technical Assistance Allocation of the State Community Development Block Grant (CDBG) program. ALTERNATIVE COUNCIL POLICY OPTIONS: Remand to staff with directions. Requested by: Mary Buckley, Executive Director Plowshare~ Albert T. Fierro, Assistant City Manager ~ Prepared by: Coordinated with: Attachments: APPROVED: Candace Horsley, City Manager Larry DeKnoblough, Director of Community Services 1. Resolution ~-~doption Candace Horsley, Cit~Manager RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING AN APPLICATION FOR FUNDING AND THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO FROM THE PLANNING/TECHNICAL ASSISTANCE ALLOCATION OF THE STATE CDBG PROGRAM BE IT RESOLVED by the Mayor and the City Council of the City of Ukiah as fo[lows: Section 1. The City Counci[ has reviewed and hereby approves an application for up to $35,000 for architectural, and engineering studies associated with the construction of a new community dinning facility for Plowshares of Ukiah. Section 2. The Mayor and the City Council have determined that federa[ citizen participation requirements were met during the development of this apptication. Section 3. The Mayor and the City Council hereby approve the use of In-Kind funds in conjunction with monies offered by Plowshares in the amount of $8,750 to be used as the City match. Section 4. The City Manager is hereby authorized and directed to act on the City's behatf in att matters pertaining to this application. Section 5. If application is approved, the City Manager is authorized to enter into and sign the grant agreement and any subsequent amendments with the State of CatifoFnia foF the purposes of this gFant. PASSED AND ADOPTED this 16th day of October 2002, by the fo[lowing roil cat[ vote: AYES: NOES: ABSTAIN: ABSENT: Phitip Ashiku Mayor ATTEST Marie U[vi[a City Clerk AGENDA SUMMARY ITEM NO. 8b DATE: October 16, 2002 REPORT SUBJECT: PUBLIC HEARING REGARDING NOTIFICATION OF AWARD OF SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND, CITIZENS OPTION FOR PUBLIC SAFETY (COPS) GRANT IN THE AMOUNT OF $100,000, DISCUSSION OF FUND ALLOCATION, AND APPROVAL OF BUDGET AMENDMENT Assembly Bill 3229, signed into law in 1996, established the Citizen's Option for Public Safety (COPS) Program. This legislation appropriates funds annually for use in augmenting law enforcement agencies. This grant is intended to supplement and enhance existing law enforcement services to communities. For this fiscal year, the Police Department plans to use the $100,000 to fund, in part, a proposed Traffic Officer position through the current year and FY2003/04. In anticipation of the new Civic Center addition and Police evidence facilities, the Police Department had planned for the addition of an Evidence Technician position to be funded through this grant. However, because of the immediate need to deploy a Traffic Officer, the Police Department plans to partially fund a Traffic Officer Position for the next 18 months. As noted in our Traffic Officer report to Council, staff believes this would be the most effective way to fund a new Officer position during this current budget year. Staff did not anticipate receiving this grant this fiscal year because of reductions to the State of California budget. The City Council has already established a budget for FY 2001/02 grant funds, but a budget amendment for this new funding and expense is necessary. RECOMMENDED ACTION: 1. Hold Public Hearing for the COPS Grant FY 2002/03 and approve departmental spending plan. 2. Approve amendment to the 2002/2003 budget increasing revenue in account 205.0600.488.003 by $100,000 and expenditures in account 205.2001 .xxx.xxx by $100,000. ALTERNATIVE COUNCIL POLICY OPTION: Provide staff with alternate direction. Citizen Advised: N/A Requested by: Ukiah Police Department Prepared by: Chris Dewey, Police Captain Coordinated with: Candace Horsley, City Manager and John Williams, Police Chief Attachments: 1. Budget worksheet, page 1. APPROVED: ~~ .%/3¢,....~')~ Candace Horsley, City~anager I,l.I E~°°~~ ........ ~:~ ~, c ~ ~'-~ ~ -- ~ S ~ = ~ ~ 00 ~ = 0~ ~oooOOOOOO88 oooooO8oo ~~oooo~~ooo~ oo ~~0000~ o~oo oo~8 ~oo~ 8 o~oo o~ ~oooo~ ~ 0 ~ 0 ~,0 ~0 '00 x ~ 000 x 0 x 0 x O ~ ~ O O n O t~ 0 ~ ~~~~ 00~~ ~OOOO ~O~O~ ~ ~ . . .~00 ~0~0TM 0 : : : : : : ', ' : ', : : ', : : : ', : ~ ', : ~ '. ~ ', :i ', ' : ' ' ~ ~0 0 O0 0 0 0 0% % %% % ¢ ¢ ¢¢ 0 0 AGENDA SUMMARY ITEM NO. 9a DATE: October 16, 2002 REPORT SUBJECT: APPROVAL OF FUNDING OPTION FOR TRAFFIC ENFORCEMENT OFFICER At the September 4, 2002 City Council meeting, Council requested staff to research possible funding sources for the implementation of a new traffic officer position within the Police Department. To complete this analysis, staff prepared a detailed proposed budget for the program, and researched current internal funding sources and external funding grant opportunities that will be available within the next year. Using this information, staff created three possible funding options for the Council to consider. Based upon our study, Staff recommends that the City Council adopt Option #1. This option results in the least fiscal impact to the General Fund over the length of the program, and allows the Department to deploy a full-time traffic enforcement officer within the next few months. Traffic Officer Budget: To fully understand the costs associated with creating a traffic officer position, staff prepared the proposed budget for a four and one half year program (Attachment #1). This budget includes the salary costs of one sworn officer and associated expenses for training and equipment. Costs for a bicycle safety program and a child safety seat program are also included. The proposed budget includes approved salary and cost of living increases for the next several years. Because grant funding for option #2 will require the City to commit to the program for a 4-year period, this budget is presented through fiscal year 2006/07. Total costs for this program are projected to be $495,472. Option #1: The first option considers the use of existing funding. Asset Forfeiture Education funds are identified for the proposed Bicycle Education Program and Child Safety Seat Program. Regular Asset Forfeiture funds were identified for the purchase of a new patrol car, radio, videotape system, light bar, and associated equipment for the traffic enforcement officer. (Continued on page 2) RECOMMENDED ACTION: 1. Approve Option #1 for implementation of a traffic officer position. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine alternate option is desired and provide staff with direction. 2. Determine traffic enforcement officer position is not to be implemented and take no action to approve. APPROVED: Citizen Advised: N/A Requested by: Ukiah Police Department Prepared by: Chris Dewey- Police Captain Coordinated with: Candace Horsley, City Manager, John Williams, Police Chief, and Gordon Elton, Finance Director Attachments: 1. Traffic Officer Budget, page 1; 2. Options 1 and 2 Funding Schedules, page 2; 3. Option 3.~Fu,~ding Schedule, page 3. Candace Horsley, ager REPORT TO COUNCIL REGARDING FUNDING OPTIONS FOR TRAFFIC ENFORCEMENT OFFICER October 16, 2002 Page 2 of 3 The Police Department will receive a State of California, Citizen Option for Public Safety (COPS), Supplemental Law Enforcement Service Fund Grant in the amount of $100,000 this fiscal year (the spending plan for these funds is the subject of the public hearing, Item 8a, on the October 16 agenda). These funds were planned for the new evidence facility and a proposed Evidence Technician. However, Staff proposes diverting these grant funds towards the traffic officer salary for the remainder of this fiscal year and next fiscal year. Option #1 would eliminate the burden to the General Fund this fiscal year. Next fiscal year the burden to the General Fund would be $38,487. In future years, the Asset Forfeiture Education Fund will continue to fund the Bicycle Safety Program and Child Safety Seat Program, while the remaining funds for this option would come directly from the General Fund. This option will have an impact to the General Fund of $332,897 through fiscal year 2006/07. Future Grant Options: During the coming months, two options for other grant funding may become available. The Council should recognize that these grant-funded opportunities fluctuate in response to the overall economy, and funding in the future will become increasingly competitive in light of current economic projections. Last June, during the current year's budget process, staff did not anticipate future grants because of the concern that both block grant and program grant funding would be reduced. Option #2 From 1997 to 2001, the City of Ukiah participated in the Federal Government, COPS Universal Hiring Program (UHP) Grant, to hire two sworn officers for our Community Policing Team. This federally funded grant program is still in effect, paying $25,000 per year for a period of three years, for a total grant award of $75,000. This grant requires that the City retain any funded position for at least one full budget year following the conclusion of the grant. Applications for this program will be accepted in the spring of 2003, and the funding for this program, if approved, would begin in August or September 2003. If this option were selected, the City would not be able to hire an officer until funding for the program started. Deployment of the traffic officer position would then be delayed almost a year. Next fiscal year, the burden to the General Fund with this option would be $72,417. In future years, the Asset Forfeiture Education Fund would continue to fund the Bicycle Safety and Child Safety Seat Programs, while the remaining funds for this option would come directly from the General Fund and the UHP Grant. This option will have an impact to the General Fund of $357,897 through fiscal year 2006/07. Option #3 In 1994 and 1995, the City of Ukiah participated in a State of California, Office of Traffic Safety Grant, for Speed Reduction and Enforcement. Currently the Office of Traffic Safety has developed and offers two grant blueprints, a Comprehensive Traffic Safety Program, and a Bicycle/Pedestrian Safety Program, that may fit within our needs. These grants are competitive in nature, and proposals for programs are solicited in January of each year; funding begins in October. Both of these program blueprints require specific goals and objectives to be met, and specific requirements will be placed upon the City during the grant implementation period. At the conclusion of the grant cycle, the Police Department will be evaluated relative to its success in meeting these predetermined goals and objectives. These specific grant requirements have been studied from a cost aspect, as noted in option #3. Funding for these specific requirements would be paid for by the Office of Traffic Safety, and the City would be able to apply for the Federal Universal Hiring Grant (noted in Option #2) as well to assist with the salary of an officer. REPORT TO COUNCIL REGARDING FUNDING OPTIONS FOR TRAFFIC ENFORCEMENT OFFICER October 16, 2002 Page 3 of 3 Next fiscal year, the burden to the General Fund would be $72,417. In future years, the Asset Forfeiture Education Fund will continue to fund the Bicycle Safety and Child Safety Seat Programs, while the remaining funds for this option would come directly from the General Fund and the UHP Grant. Following our study, this option will also have an impact to the general fund of $357,897 through fiscal year 2006/07. Recommendations Staff recommends the City Council approve Option #1 for funding the traffic enforcement officer position. Option #1 will allow the Department to deploy a traffic officer in the next few months, at no cost to the General Fund this fiscal year. Using Option #1 will allow the Department to immediately concentrate on specific traffic related issues within our community, including driver, bicycle and pedestrian education and enforcement. Lastly, this option has the least cost to the General Fund over the next five-year period. Both options 2 and 3 will delay the deployment of a traffic officer until the fall of 2003, and will have a greater impact on the General Fund. Option 3 will additionally place specific goals and objectives on the Department, which may prove over time to be an unwarranted burden on the City. ~ 000 0 ~ 000 0 ~ 00 ~ 0 0 ~ ~0 0 0 ~ 0 ~0 CO ~00 ~00 0 0 ~00 ~00 0 0 ~0 ~- {~0 0 0 0 0 ~0 ~ ,~ LO 0 ~0 LO ~0 0 0 ~-- 0 LO ~ ~') ~ 0 ~ ~- ~.0 0 0 0 0 0 O~ ~0 LO 0 ~-- ~0 O~ 0 0 0 0 0 {~0 ~-~ ~00 ;I ;I ;I N N ~,~ ~ m [.J..l ~ << ~ I~ I'-,. I',,. o3 0 0 0 0 0 0 0 0 0 03 (D (D CO 0 0 0 0 0 0 0 ~ 03 03 03 0 0 0 0 0 0 0 ~ LO ~ ~ 0 0 0 0 ~ ~ 0 :1 AGENDA 1TEM NO: loa MEETING DATE: October 16, 2002 SUMMARY REPORT SUB.1ECT: DISCUSSION AND APPROVAL FOR DEVELOPMENT OF A COMMUNITY SURVEY The City Council approved funding within the fiscal year 2002-2003 budget to develop a community survey. This was based on the City's desire to identify areas of concern and need within our community. The results will assist the City Council in making informed decisions. There are several steps to the customer survey process. The first is the design and craffcing of the questions for the survey by professional consultants, who are trained to obtain accurate results by carefully wording the questions in a neutral, unbiased fashion. Second, the survey is administered by trained personnel who are experts at carrying out surveys, working with complete confidentiality, and stimulating open, honest responses. The third step is analysis of the data, wherein the information is evaluated to find trends, profiles and patterns so that conclusions may be drawn. The last step is to draw up a detailed, illustrated report that contains problem-solving tools. (Continued on page 2) RECOMMENDED ACTION: Authorize staff to proceed with development of a community survey. ALTERNATIVE COUNCIL POLICY OPTIONS: Determine not to proceed with this proposal and do not move to approve. Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Candace Horsley, City Manager N/A N/A Approved: ~"~.~ i,~,dl~.,~~ ~ -'C~ndace Horsle(/, ~3i~ty Manager 4:CAN/ASR. Survey. 101602 The design phase allows the consultants to determine the City Council's goals and objectives and develop appropriate questions. Citizens will be asked to evaluate different City services and to prioritize issues that require City focus. Survey results are able to determine the satisfaction ratios for various city services such as park maintenance, garbage collection, recreation programs, billing services, recycling services, water conservation services, city communications with residents, traffic signals, condition of city sidewalks, downtown parking, drinking water quality, bike paths, services for building permits and code enforcement, neighborhood revitalization, housing rehabilitation and affordable housing development issues, programs to serve the homeless population, and other items that the City Council have felt were topics of interest to their constituents. The developmental phase of the survey should cost less than $700. A representative of Data Trends, a survey research firm established in 1987, will be in attendance to discuss the benefits of survey data for the City and answer Council questions. Staff is requesting Council discussion and approval to contact professional survey research companies to provide proposals to the City Council. AGENDA ITEM NO: 10 DATE: October 16, 2002 SUMMARY REPORT SUBJECT: APPROVAL OF REQUEST FOR PROPOSALS (RFP) FOR HOUSING ELEMENT UPDATE AND APPROACH TO MANAGING PROJECT SUMMARY: Staff has prepared a Draft Request for Proposals (RFP) to update the General Plan Housing Element, and is requesting City Council review and approval of the document. Additionally, Staff is seeking Council approval of an approach to managing the project. Request For Proposals (RFP): The Draft RFP has been prepared in the standard format used by the Department of Planning and Community Development. It includes an Introduction, Description of Project, Scope of Work, General Requirements of Consultant, Proposal Requirements, and RFP Timetable. While the Project Description and Scope of Work are fairly detailed, they also are meant to be flexible to allow the consultant to design a unique and creative approach to updating the Housing Element. Staff is requesting that the Council review the RFP and make any changes or language additions it concludes are necessary. This project is budgeted in account 100.1501.250.000. Approach to Managing the Project: While Staff will manage the administrative process and have direct management responsibilities over the consulting team, we believe that a committee should be formed to help guide the program. Staff is seeking the Council's concurrence that a committee should be formed, and input as to the composition of the committee. One possibility is to have the Committee membership include a City Council member, Planning Commissioner, Staff, Low and Moderate Income Housing Advisory Committee member, a representative of the business community, and a citizen with an interest in housing. Staff recommends the Council discuss a "committee approach" to overseeing the Housing Element update program, and determine the composition of the committee. RECOMMENDED ACTION: Approve the Request For Proposals, and decide upon an approach to managing the Housing Element update program. ALTERNATIVE COUNCIL POLICY OPTION: N/A Citizen Advised: N/A Requested by: Planning and Community Development Department Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager Attachments: 1. Draft Request for Proposals (RFP) APPROVED: Candace Horsley, City ~anager CITY OF UKIAH GENERAL PLAN HOUSING ELEMENT UPDATE Request For Proposals (RFP) October 2002 I. INTRODUCTION The City of Ukiah adopted its new General Plan in December of 1995. State Law requires each community to have an adopted Housing Element. The Housing Element consists of a series of goals, policies and programs that are oriented to the preservation, improvement and development of housing. The Housing Element identifies sites for all types of housing that are projected to meet the needs of all economic segments of the community. The Housing Element Update shall contain all State mandated information including quantified objectives and the identification of adequate sites to meet Ukiah's identified housing needs. II. DESCRIPTION OF PROJECT The City of Ukiah Planning Department is seeking to complete an update the Housing Element of the City of Ukiah General Plan by Summer 2003. A Consultant will be selected to prepare the Housing Element Update and the appropriate environmental document under the direction of City staff. The Consultant will be responsible for designing the Update program, facilitating public workshops, preparing the document, and attending Planning Commission and City Council meetings. The Consultant will also be responsible for collaborating with state and local agencies, and working w8ith the State Office of Housing and Community Development. The Consultant will prepare a Housing Element Update in a format that can achieve certification by the State Department of Housing and Community Development (HCD), while addressing Ukiah's unique opportunities and constraints. The Housing Element Update shall contain all State mandated information including quantified objectives and the identification of adequate sites to meet Ukiah's identified housing needs. The provision of units to meet Ukiah's "fair share" of affordable housing, as determined by the Regional Housing Needs Determination (RHND) process. The Consultant will be asked to create a bold and unique strategy to promote efficient use and reuse of land, preserve and promote dynamic and safe neighborhoods, maintain community diversity, create housing opportunities for all citizens, and retain the special quality of life enjoyed by the people of Ukiah. Preliminary challenges include: Planning for housing opportunities in a City reaching build-out with growing traffic, drainage, water, airport, and other infrastructure issues/constraints, as well as potential geographic and political difficulties regarding annexation. · Creating an innovative and workable strategy for infill and mixed-use development for specific areas of the community. · Promoting and infusing concepts of sustainability into the overall approach to providing a variety of housing types for the City. · Developing a sound and positive working relationship with the variety of housing stakeholders in the community. · Completing the General Plan Housing Element update by Summer 2003. III. SCOPE OF WORK The consultant, with the assistance of City Staff will complete the following tasks: · Prepare an innovative and realistic public participation program · Collect and analyze necessary technical data · Prepare Draft Housing Element · Prepare a Draft Housing Element in the same basic format of the existing General Plan: · Provide policies and programs to specifically address how the Redevelopment Agency will assist to implement Ukiah's housing goals and objectives. · Provide text of any other amendments to the General Plan necessary to provide internal consistency with the proposed Housing Element. · Provide CEQA documentation and conduct CEQA public review process. The consultant will be responsible for preparation of an Initial Study to determine the appropriate project environmental review. A Negative Declaration or Supplement to the City's General Plan Environmental Impact Report (EIR) are two options. IV. GENERAL REQUIREMENTS OF CONSULTANT Meet with City staff to gain a complete understanding of the Housing Element Update project. Prepare a vacant land survey for the City. Prepare an Updated Housing Element pursuant to state law and guidelines and environmental document that meets the City's budget and policy needs. Integrate the Updated Housing Element with the remainder of the General Plan. Revisions to other elements of the General Plan may be prompted by the new housing policies and programs. Coordinate with HCD, affordable housing organizations, development professional organizations, special needs groups, and other affected agencies and organizations throughout the update process to achieve a high level of coordination and response to their concerns and issues. All plans, documents and drawings both in printed and electronic formats prepared by the consultant for the City are property of the City of Ukiah and are to be available to the City upon request. Attend public and staff meetings as noted above. Print, duplicate, and bind documents for this project. Provide 25 copies of each report called for by the work plan along with a reproducible copy, and an electronic version. Submit all documents, tables, graphics, etc in a format suitable for posting on the City's Website. Vi PROPOSAL REQUIREMENTS a. Project Title: City of Ukiah 2003 General Plan Housing Element Update bi Proposal Contents and Form: Proposals should be written in a narrative form which will allow City Staff to understand the consultant's approach and methodology, level of analysis; presumptions upon which the proposal is based, and overall price. Gm Listing of Tasks: Proposals shall include a detailed listing of proposed tasks and their individual costs. d. Proposal Delivery: All proposals must be delivered in a sealed package with the project title and the firm's name clearly visible on the package. VI. RFP TIMETABLE Respondents shall submit six (6) copies of the proposal to the City for consideration. All proposals responding to the RFP must be submitted to the City of Ukiah by 5:00 p.m. on Postmarks will be accepted. Within 10 days of the RFP submittal deadline, the City will contact the top three (3) firms to establish an interview schedule. All others will be notified in writing of their ranking in the proposal review and selection process. Final selection of the successful firm by the City will be as expediently as possible following the interview process. We appreciate your interest in the City of Ukiah, and the General Plan Housing Element Update project. Please remember the submittal deadline is 5:00 p.m. on All proposals should be addressed to: Charley Stump, Director Planning and Community Development 300 Seminary Avenue Ukiah, CA 95482 If you have any questions or if you need additional information, please contact Mr. Stump at: (707) 463-6219 (707) 463-6204 FAX charleys@cityofukiah.com Attachments: 1. 2. Ukiah Regional Location Map Existing General Plan Housing Element 4 AGENDA SUMMARY ITEM NO. DATE: REPORT 10c October 16.2002 SUBJECT: AUTHORIZATION OF THE CITY MANAGER TO NEGOTIATE AND ENTER INTO A PROFESSIONAL CONSULTING SERVICES AGREEMENT WITH BROWN AND CALDWELL ENVIRONMENTAL ENGINEERS AND CONSULTANTS TO PROVIDE DESIGN SERVICES AND PREPARE CONSTRUCTION DOCUMENTS FOR THE CITY OF UKIAH'S WASTEWATER TREATMENT PLANT IMPROVEMENT PROJECT Proposals to provide engineering design services and prepare construction documents for the City of Ukiah's Wastewater Treatment Plant (WWTP) improvement project were solicited from 21 engineering firms. This report outlines the results of that solicitation. The City of Ukiah's Wastewater Treatment Plant (WWTP) is allowed to operate under a permit issued by the California Regional Water Quality Control Board, North Coast Region (NCRWQCB). Among other restrictions and requirements, the permit defines limits to various constituents of effluent discharge. As required under conditions of the permit, whenever a publicly owned wastewater treatment plant will reach capacity within four years, a technical report must be submitted to the Regional Water Board showing how flow volumes will be prevented from exceeding capacity, or how capacity will be increased. A preliminary assessment of the WWTP capacity issues was completed and a report submitted to NCRWQCB in November 2000. Extensive improvements to the WWTP are needed to ensure compliance with the operating permit discharge requirements. A Request for Proposals (RFP) for Specialized Design Services and Preparation of Construction Documents for the Wastewater Treatment Plant Improvement Project was sent to 21 engineering consulting firms in March 2002. Three consulting engineering firms submitted qualified proposals to provide design services and preparation of construction documents for the City of Ukiah WWTP Improvement Project. (Continued on page 2) RECOMMENDED ACTION: Authorize the City Manager to negotiate and enter into a Professional Consulting Services Agreement with Brown and Caldwell Environmental Engineers and Consultants for design services and preparation of construction documents for the City of Ukiah's Wastewater Treatment Plant Improvement Project. ALTERNATIVE COUNCIL POLICY OPTIONS: 1 ) Reject all proposals and reissue the request for proposals. Citizen Advised: N/A Requested by: Darryl Barnes, Director of Public Utilities Prepared by: Ann Burck, Administrative Analyst Coordinated with: Candace Horsley, City Manager Attachments: 1) Figure 1, Schematic of City of Ukiah WWTP Process Flow 2) Figures 2-4, Proposal Design Layouts 3) Preliminary Evaluation Checklists 4) Photographs of Wastewater Treatment Plants Visited for Reference Checks 5) Project Team._O_rganization Charts APPROVED: ~~ .~~"~,.(-- Ca~-~ace Horsley, Ci~anager Authorization of the City Manager to Negotiate and Enter into a Professional Consulting Services Agreement with Brown and Caldwell Environmental Engineers and Consultants to Provide Design Services and Prepare Construction Documents for the City of Ukiah's Wastewater Treatment Plant Improvement Project October 16, 2002 Page 2 of 13 Improvements and Repairs Needed to Increase Capacity The WWTP on occasion has reached or exceeded the discharge limits relative to biochemical oxygen demand (BOD), suspended solids, coliform bacteria, as well as the permitted amount of daily average dry weather flow of waste into the plant. Analysis of the WWTP data indicates failure to meet the permit requirements was due to three factors: 1) increasing influent flow into the WWTP, 2) age-related WWTP capacity issues, and 3) WWTP design problems. Of these three factors, the two, which are plant related, are discussed below. Aae-related Car~acitv Issues Most of the original plant facilities completed in 1958 are still in use. The headworks, primary sedimentation tanks, one of the trickling filters and the two digesters are 44 years old. The age of the plant increases the amount of maintenance and downtime needed for repairs and affects plant performance. The sludge pumping system on the sedimentation tanks is outdated and performs poorly, which in turn affects the performance of the sludge 'digesters. Integral to the overall treatment process, the two sludge digesters and their appurtenant equipment have numerous capacity, performance, structural, and operational issues. Digester performance is limited by the lack of insulation, poor mixing, and poor solids removal upstream. A key contributing cause to exceeding the discharge permit is the use of fixed film reactors (i.e. the trickling filter and biological tower) as the sole biological treatment process unit in the liquid treatment train. Fixed film reactors have long been known to produce solids that flocculate poorly. The effluent is turbid with high concentrations of suspended solids which overloads the downstream processes, the advanced wastewater treatment (AWT) plant and chlorine pipe contactor. Design Problems Design problems in critical areas of the plant also limit the capacity of the plant. The existing headworks do not remove plastics and other inert objects and consequently do not protect downstream treatment units and mechanical equipment. Sludge from the primary sedimentation tanks is currently pumped from the tanks to the sludge sump using airlift pumps. The airlift pumps entrain significant amounts of water with the sludge, which is then pumped to the digesters, reducing their capacity. The distribution channels to the secondary sedimentation tanks do not distribute the flow equally to each of the tanks. This causes uneven solids loading in the tanks, reducing the total sedimentation capacity of the tanks. Future Capacity Issues In addition to present plant capacity issues, there are also upcoming discharge permit issues and Ukiah Valley Sanitation District (UVSD) and solids disposal issues. Future capacity concerns Authorization of the City Manager to Negotiate and Enter into a Professional Consulting Services Agreement with Brown and Caldwell Environmental Engineers and Consultants to Provide Design Services and Prepare Construction Documents for the City of Ukiah's Wastewater Treatment Plant Improvement Project October 16, 2002 Page 3 of 13 include: 1. Possible annexation of developments currently outside UVSD 2. Higher influent BOD and non filterable residue (NFR) loading from commercial and industrial customers 3. Reduction or elimination of effluent discharge to the Russian River 4. Increased septage discharge to the WWTP 5. Need to upgrade sludge biosolids from Class B to Class A to allow use as compost 6. Reclaimed water use requirement Overview of the Design Proposals A schematic of Ukiah's current treatment process is shown in Figure 1 (Attachment #1). Plant layouts for each engineering firm's proposed designs for treatment plant improvements are shown in Figures 2 -4 (Attachment #2). The design proposals submitted by Kennedy/Jenks and Winzler & Kelly are similar in most of the key process areas, the exception being in secondary treatment and the production of Class A biosolids. Because the proposals are similar, the design features of the two proposals will be described together. Kennedy/Jenks and Win:zler & Kelly Design Proposals 1. Preliminary and Primary Treatment The design proposals for Kennedy/Jenks and Winzler & Kelly are similar for the preliminary and primary treatment processes. New headworks would be constructed next to the existing primary clarifiers. Self-cleaning mechanical screens and a grit removal system would be added. The primary clarifiers would be rehabilitated and expanded and the biological filtration units in the secondary treatment would also be rehabilitated. 2. Secondary Treatment The biggest difference between these two proposals is in the improvements to the secondary treatment system. Winzler & Kelly propose simply rehabilitating and expanding the existing facilities. Kennedy/Jenks proposal is significantly different. They propose adding a multi- compartment solids contact aeration tank to improve solids removal, converting the secondary clarifier tanks to a chlorine contact chamber and building three, new circular secondary clarifiers. 3. Solids Treatment Both firms would add a sludge holding tank and sludge thickener. Winzler & Kelly propose rehabilitating the existing digesters and adding a sludge pasteurization unit to produce Class A biosolids. Kennedy/Jenks would build a new, third digester to function as a thermophilic (operate at 135 F) digester and rehabilitate the existing two mesophilic (operate at 95 F) digesters to produce Class A biosolids. Authorization of the City Manager to Negotiate and Enter into a Professional Consulting Services Agreement with Brown and Caldwell Environmental Engineers and Consultants to Provide Design Services and Prepare Construction Documents for the City of Ukiah's Wastewater Treatment Plant Improvement Project October 16, 2002 Page 4 of 13 4. Disinfection Both firms propose using sodium hypochlorite instead of chlorine gas, which is currently used for disinfection, to eliminate the safety and storage issues associated with chlorine gas. In addition to sodium hypochlorite, Kennedy/Jenks would replace chlorination of AWT effluent with ultraviolet (UV) disinfection. 5. Advanced Waste Treatment (AWT) Winzler & Kelly would repair both the chlorine contact basins and backwash basins for the AWT. Kennedy/Jenks proposes building new backwash basins and repairing only the chlorine contact basins. The old backwash basins would be removed and replaced with three, new secondary clarifiers. Brown and Caldwell Desian 1. Preliminary and Primary Treatment Brown and Caldwell's proposal is significantly different from those of Kennedy/Jenks and Winzler & Kelly. Instead of rehabilitating a 44-year old primary clarifier, Brown and Caldwell propose converting the newer secondary clarifier to a primary clarifier and converting the primary clarifier to two solids contact aeration tanks. New headworks would be built next to the new primary clarifier moving the headworks closer to the existing sewer line coming into the plant and to the proposed westside relief sewer. Self-cleaning mechanical screens and a grit removal system would be added. 2. Secondary Treatment The biological filtration units would be rehabilitated. Two, new circular secondary clarifiers would be built to replace the current secondary clarifier that will be converted to a primary clarifier. The existing secondary clarifier has significant design deficiencies that preclude its continued use. The existing secondary clarifiers use scraper sludge removal (a.k.a. chain and flight) rather than the suction sludge removal necessary for the use with a trickling filter / solids contact aeration (TF/SC) process. In addition, the sludge hoppers are located at the influent end of the clarifier. Density currents in the secondary clarifier carry the sludge to the effluent end. The sludge has to be scraped to the influent end for disposal, stirring up the settled sludge and causing excessive loss of effluent suspended solids. This has been an ongoing problem with the secondary clarifiers, which has adversely affected all downstream processes. 3. Solids Treatment The existing digesters would be rehabilitated. The missing insulation would be replaced and new covers installed. As in the Kennedy/Jenks and Winzler & Kelly proposals, Brown and Caldwell would also add a sludge thickening facility. This reduces the volume of sludge fed to the digesters and improves the sludge stabilization process. Authorization of the City Manager to Negotiate and Enter into a Professional Consulting Services Agreement with Brown and Caldwell Environmental Engineers and Consultants to Provide Design Services and Prepare Construction Documents for the City of Ukiah's Wastewater Treatment Plant Improvement Project October 16, 2002 Page 5 of 13 With improved solids removal upstream and the sludge thickening facility, Brown and Caldwell believes no additional digester capacity will be needed. The existing digesters and sludge lagoon can be used to achieve Class A biosolids without the need to add digesters or pasteurization equipment. 4. Disinfection Needed repairs would be made to the chlorination system. The improved solids removal provided upstream by the TF/SC process and new secondary clarifiers would significantly reduce solid settling in the chlorine pipe contactor. And the cleaning and coliform problems caused by solids in the chlorine pipe contactor would also be significantly reduced. 5. Advanced Waste Treatment Repairs and improvements would be made to both the AWT backwash basins and chlorine contact basins. The Evaluation Process Proposals were received from three engineering design firms. Public Utilities assembled a committee of five evaluators including representatives of the City of Ukiah Public Works and Public Utilities departments and two Public Works managers from nearby communities. The team reviewed and ranked each proposal based on evaluation criteria specified in the Request for Proposal document. The criteria used to evaluate each proposal included: 1. Thoroughness of consultant's proposed technical approach towards design and specification of the proposed improvements 2. Direct experience of the project manager and assistant project manager and key process and support engineers and designers 3. Understanding of potential problems and methods and procedures for resolving these problems throughout design, construction, startup, and operating phases of the project 4. Past performance on similar projects including engineering design skills and innovative solutions to optimizing plant performance Copies of the proposal evaluation forms used by the evaluation committee are attached to this report (Attachment #3). Results of the Evaluation Committee The proposal evaluation committee met on August 1,2002 to present and discuss the results of their individual evaluations. The evaluation results for the three proposals along with the committee recommendation for award of the contract were submitted to the Director of Public Utilities. Brown and Caldwell received the highest evaluation score. Of the three proposals, the proposal from Brown and Caldwell presented the most innovative and effective design to ensure compliance of Ukiah's wastewater treatment plant with the NCRWQCB discharge permit. Authorization of the City Manager to Negotiate and Enter into a Professional Consulting Services Agreement with Brown and Caldwell Environmental Engineers and Consultants to Provide Design Services and Prepare Construction Documents for the City of Ukiah's Wastewater Treatment Plant Improvement Project October 16, 2002 Page 6 of 13 The average of the scores of each committee member's evaluation is given in the following table: Brown Point Winzler Kennedy Evaluation Factors and Value Caldwell & Kelly /Jenks 1. Fulfillment of Basic Requirements5 4.0 4.0 3.0 of RFP 2. Project Understanding &Approach 25 24.7 23.0 19.8 Past Performance on Similar 3. 40 36.3 27.8 25.8 Projects Project Personnel Experience & 20 18.3 16.8 15.2 4. Workload 5. WWTP Improvement 70 59.0 44.4 44.8 Recommendations 6. Suitability of Project Schedule 15 12.3 12.6 10.6 7. Project Budget 30 19.0 21.8 20.8 8. Reference Check 105 95.0 85.0 77.0 Total 310 268.7 235.4 217.0 Consultant Ranking 1 2 3 $6,608,9 $3,480,7 $2,384,0 Proposal Bid 82 20 00 Plant Site Visits and Evaluations In addition to evaluating the proposals, members of the evaluation committee also visited wastewater treatments plants referenced by the engineering firms in their proposals. Three plants were selected from the list of past projects submitted for evaluation of the firm's past performance on projects similar to Ukiah's. The plants were selected based on project similarity and reasonable proximity to Ukiah. Photographs of each of the wastewater treatment plants visited are attached to this report (Attachment #4). Winzle. r & Ke. llv ., Two of the three plants given as Winzler & Kelly references were visited, Calistoga and Santa Rosa. Rather than visit Middletown, the third reference which is a small plant and only in the planning phase, the Tahoe Truckee plant designed by CH2M Hill was visited. Winzler & Kelly plant design experience is limited. They intend to partner with CH2M Hill, a much larger and more experienced company in wastewater treatment plant design. However, CH2M Hill will only be designing the solids treatment process. Calistoga was the only plant where Winzler & Kelly provided design upgrades for the treatment Authorization of the City Manager to Negotiate and Enter into a Professional Consulting Services Agreement with Brown and Caldwell Environmental Engineers and Consultants to Provide Design Services and Prepare Construction Documents for the City of Ukiah's Wastewater Treatment Plant Improvement Project October 16, 2002 Page 7 of 13 process. In Santa Rosa, they only designed an electrical substation. Staff comments were mixed regarding their performance on the Calistoga plant. They have been very responsive during the construction phase and staff is pleased overall with their design services. However, there were problems with the Engineer's construction cost estimate being too Iow which caused delays in the bidding process, problems with sludge removal from the lagoons, and resolving issues with the City Council. The Tahoe Truckee plant designed and upgraded by CH2M Hill is a state-of-the-art plant, which includes a very sophisticated nutrient removal system. The effluent limitations established for the plant are among the most stringent in the country. The plant has received many awards and multiple recognitions from the U.S. EPA and the California Water Environment Association. Staff at Tahoe Truckee is very satisfied with CH2M Hill. They are always very involved with staff in designing plant expansions and stay within budget. Unfortunately, as mentioned previously, CH2M Hill would function as a sub consultant on Ukiah's project providing design services for only one area of the plant, the solids treatment process. Kenn~.dv/Jenks Three plants provided by Kennedy/Jenks as references were visited; Hayward, Yountville, and Susanville. The plant in Susanville is in the design phase. Kennedy/Jenks provided design services for the Hayward plant from 1951 until two years ago when the last project was awarded to Brown and Caldwell. In their project description for Hayward, Kennedy/Jenks gives examples of their innovative approach to plant design; a unique high rate "lnka" aerated oxidation pond and a fluidized bed reactor (FBR). According to the Hayward staff, neither of these innovations ever worked properly and both were decommissioned. Staff would like to remove the FBR unit but there is so much concrete that it would be prohibitively expensive. The new plant improvements will have to be built around the decommissioned FBR unit, which will be cannibalized for parts. There are also problems with the dissolved air floatation (DAFT) / gravity thickener unit designed by Kennedy/Jenks. The DAFT/gravity thickener, which never worked as a DAFT unit and could not be used in the summer as a gravity thickener, will be converted to a clarifier. The Yountville plant was originally built as a public works project in 1939 and most of those structures are still in use. Kennedy/Jenks provided design services in Yountville from 1975 to 1994. They designed a grit removal system in 1977 that has never worked properly and that staff would like to replace. There were also problems with the valves on an inline pressure filtration system designed in 1975. The valves specified were custom designed, expensive and prone to failure. Yountville staff replaced all the custom valves with stock valves at one-sixth the original cost. In 1991, Kennedy/Jenks added a three-chamber contact aeration system. Only two tanks were needed and the third tank, designed for denitrification, sits empty. The Yountville staff was not happy with the changes they perceived occurring at Kennedy/Jenks and in 1995, awarded the next design project to Whitley Burchette. They believed the Kennedy/Jenks design proposal lacked innovation and were not responsive to design input from staff. Kennedy/Jenks has completed the design for the Susanville plant improvements and submitted the construction drawings. They were awarded the bid for the Master Plan 11 years ago. Staff was very Authorization of the City Manager to Negotiate and Enter into a Professional Consulting Services Agreement with Brown and Caldwell Environmental Engineers and Consultants to Provide Design Services and Prepare Construction Documents for the City of Ukiah's Wastewater Treatment Plant Improvement Project October 16, 2002 Page 8 of 13 pleased with the construction drawings, but there have been problems with the project. One of the most significant was the same problem that occurred in Calistoga with the Engineer's construction cost estimate being too Iow. At Susanville not only did the Iow construction estimate delay the project; it also caused a more serious problem with project funding. State Revolving Fund (SRF)loan amounts are determined from these construction cost estimates. The original construction estimate was $5.6 million to $5.8 million. The lowest construction bid obtained so far is $7.3 million. Susanville will either have to continue to search for a contractor willing to do the job for the SRF loan amount or find another source of financing to make up the difference. In addition to the construction bid problems, there was also a 30% cost overrun above the contingency amount. Staff at Susanville unexpectedly received two bills totaling $115,000. The Sanitation District Board was so angry about the unexpected bills that they seriously discussed canceling the contract with Kennedy/Jenks. The Board felt that Kennedy/Jenks took their business for granted. The City of Ukiah wastewater treatment plant has also had its share of problems with improvement projects designed by Kennedy/Jenks in 1983 and 1995. Some of the design problems identified by staff include: 1. The design of the chlorine pipe contactor retains solids and does not allow for cleaning. The retained solids cause coliform problems, which necessitates using higher doses of chlorine. 2. The digester heating system does not function properly. When the sludge temperature becomes too high, the controls shut off the cooling system rather than the heating system. 3. The wrong pumps were specified for digester sludge recirculation. The pumps have bronze impellers, which are abraded by the sludge. 4. The chlorine metering controls and equipment were sited too far from the injection and sample points. This causes a long time delay and poor control over chlorine levels. , The sodium bisulfite dechlorination system has the same problem as the chlorination system, with the siting of the injection and sample points even farther away from the controls; thus the system cannot be operated automatically. . The sludge collection sumps on the AWT wash water return ponds are located directly in front of the influent pipe. The influent flow washes the sludge away from the sump to the far end of the pond. 7. The belt filter press was improperly sized for dewatering lagoon solids. , The cover on digester #2 has never worked properly. The rollers located on the top of the digester wall became pinned in the spiral guide track on the cover and most of the rollers eventually broke. It is not known why this type of cover was installed. It's designed for use in areas with high wind loads. 9. The distribution box and tank influent channels do not distribute flow evenly to the secondary sedimentation tanks. Also, the sludge hoppers are located at the wrong end of the tanks. All of Authorization of the City Manager to Negotiate and Enter into a Professional Consulting Services Agreement with Brown and Caldwell Environmental Engineers and Consultants to Provide Design Services and Prepare Construction Documents for the City of Ukiah's Wastewater Treatment Plant Improvement Project October 16, 2002 Page 9 of 13 these problems result in carryover of solids from the secondary clarifier to the chlorine pipe contactor and the AVVT facility, which creates problems in these processes. 10. The AWT backwash basins, the AWT chlorine contact basins and the AWT pump pad were all built on unstable soil with no additional support. The basins have extensive cracking and the pump pad has sunk so much, the pipe and valve connections are being pulled apart. 11. There is a severe foaming problem during the AWT backwash cycle believed caused by either the need for high levels of ferric chloride to settle the solids in the AWT process or an elevation design problem with the return line for the backwash basins. Brown and Caldwell Plants designed by Brown and Caldwell either completed or currently under construction for the Cities of Eureka, Hayward, and Dublin/San Ramon were toured and the staffs were interviewed. The plant in Eureka is the world's first treatment plant designed around the trickling filter/solids contact aerator (TF/SC) biological process and is very similar to the proposed design for Ukiah. TF/SC plants operate consistently and reliably with minimal staff and process adjustments. This results in significant savings over the life of the plant (40 to 50 years) in personnel, operating, and maintenance costs. The Utilities Operations Manager for Eureka rated Brown and Caldwell's performance as excellent in every category on the reference check evaluation sheet. He considers Eureka's plant to be well engineered and designed and extremely easy to manage. The plant, with a 5.2 million gallons per day (MGD) average daily wet weather flow (ADWF) processing capacity (Ukiah is at 2.8 MGD), is operated with only one, eight-hour shift per day. Operating staff leaves the entire plant unattended for 16 hours each day. Both Hayward and Dublin/San Ramon also gave very high marks to Brown and Caldwell. Comments from Dublin/San Ramon included, "Excellent client commitment", "Extremely Iow percentage of change orders, less than ½%", "Generous with time even before the project started" and "Would definitely hire again". Some of Hayward's comments were, "Brown and Caldwell are a cut above their competitors", and "They possess expertise with an integrated plant approach and in the TF/SC process". Brown and Caldwell first provided wastewater treatment services to the City of Ukiah in the mid 1950's. Planning studies and design services performed by Brown and Caldwell for the City culminated in the construction and commissioning in 1958 of the original wastewater treatment plant at the site of the existing facilities. The design of that portion of the plant ingeniously included the provision for converting the original secondary clarifier to a second primary clarifier needed for the eventual expansion of the facilities, which occurred in 1983. This ingenuity, a trademark of Brown and Caldwell's, streamlined these expansion efforts and saved the City considerable time and money. Evaluation Committee Recommendation The evaluation committee noted important differences in the proposals in three key areas: 1) plant design concepts, 2) staff qualifications, 3) past performance. Authorization of the City Manager to Negotiate and Enter into a Professional Consulting Services Agreement with Brown and Caldwell Environmental Engineers and Consultants to Provide Design Services and Prepare Construction Documents for the City of Ukiah's Wastewater Treatment Plant Improvement Project October 16, 2002 Page 10 of 13 Plant Desian Winzler & Kelly's design basically just repairs, rehabilitates, and expands existing facilities. Probably the most interesting aspect of the design is the conversion of the sludge lagoons to wetlands, though the practicality and benefits are questionable. Reed beds in wetlands are generally loaded at 25 gallons of digested sludge per square-foot per year. Ukiah's WWTP generates 6.21 million gallons of digested sludge per year.. At 25 gallons per square-foot, over 3,500 acres of wetlands would be required to process the yearly production of digested sludge. Kennedy/Jenks design is very similar to Winzler & Kelly in the front-end of the process. In the secondary treatment process, Kennedy/Jenks proposes adding a multi-chambered solids contact aeration (SCA) tank, but provides no details regarding the air supply to the tank. The multi-chambered SCA tank is proposed to allow the unit to provide nutrient removal capabilities if needed at some future time. However, designing a single facility for two completely different functions will likely result in it not functioning well for either purpose. There has been no indication from the NCRWQCB that nutrient removal will be required any time soon. They also propose abandoning a relatively new secondary clarifier while rehabilitating a 44-year old primary clarifier. The secondary clarifier would be converted to a chlorine contact chamber, which means all of the mechanical and electrical equipment would be removed. Since the secondary clarifier was never designed for use as a chlorination facility, it's doubtful it can be retrofitted to function effectively as such. Presumably, the existing chlorination facility designed by Kennedy/Jenks in 1983 would be decommissioned. The addition of an ultraviolet disinfection facility for the AWT effluent is also proposed. Kennedy/Jenks also propose removing the two AWT backwash basins built as part of their 1995 plant improvement project and building three, new circular secondary clarifiers. In addition, they would add a third digester, plus a sludge holding tank and a gravity belt thickener. Brown and Caldwell's design made the best use of the existing facilities, which in turn minimizes the need to build additional facilities. They propose converting the old primary clarifier to solids contact aeration tanks and converting the newer, secondary clarifier into the primary clarifier. Two new circular secondary clarifiers would be built and a sludge thickening facility added. With improved solids removal upstream and the sludge thickening facility, Brown and Caldwell believes no additional digesters will be needed. The existing digesters and sludge lagoon can be used to achieve Class A biosolids without the need to add digesters. Brown and Caldwell's approach to plant design is to first evaluate the existing facility, optimize the equipment that is already there, reevaluate the plant, and then add only the equipment that is necessary to achieve the discharge goals. Staff Qualificatir~ns Winzler & Kelly rely heavily on the use of sub consultants, which suggests a lack of breadth and depth in their personnel for a wastewater treatment plant improvement project of this size. The extensive distribution of tasks to numerous sub consultants could create problems in communication and coordination of activities resulting in mistakes and delays. The three Winzler & Kelly team leaders, one of whom also has to function as the program manager, have a total of 52 years of engineering experience with more experience in water treatment plants than wastewater treatment plants. Authorization of the City Manager to Negotiate and Enter into a Professional Consulting Services Agreement with Brown and Caldwell Environmental Engineers and Consultants to Provide Design Services and Prepare Construction Documents for the City of Ukiah's Wastewater Treatment Plant Improvement P~oject October 16, 2002 Page 11 of 13 Kennedy/Jenks split their staff assignments into two basic teams, a preliminary design team and a design and construction team. Their more experienced engineers are used only on the preliminary design team. Only two engineers are assigned as the lead design engineers with a total of only 18 years of experience. To what extent the more experienced preliminary design team would be involved in the project is not known. According the Kennedy/Jenks, "Engineering Fee Estimate", 45% of the total engineering hours of the project are at the Engineer level, which includes both lead design engineers. Brown and Caldwell has assigned the most experienced and knowledgeable engineers on their staff to direct four major design areas: 1) influent pumping and preliminary treatment, 2) primary and secondary treatment, 3) solids treatment, and 4) AWT, reclamation, and disinfection. These four staff members have a total of 131 years of engineering experience and are nationally recognized experts in their areas of wastewater treatment plant design. Brown and Caldwell's proposed project manager holds a doctorate in environmental engineering and has over 25 years of experience in the wastewater treatment profession. Only Brown and Caldwell specified the percentage of time each of their staff would be working on Ukiah's wastewater treatment plant improvement project. Their team organization ensures clear lines of communication and authority and delineates responsibility for each component of the Wastewater Treatment Plant Improvement Project. Project team organization charts for each proposal are attached to this report (Attachment #5). On the basis of the design proposal evaluations and past performance with wastewater treatment plant design projects, the evaluation committee recommends that Brown and Caldwell Environmental Engineers and Consultants be awarded the contract for design services and preparation of construction documents for the City of Ukiah Wastewater Treatment Improvement Project. The strengths evident to the evaluation committee in Brown and Caldwell's proposal are: o A science-based approach to plant design that relies upon state-of-the-art process knowledge, extensive process experience and a thorough assessment of current plant capabilities. , Extensive use of software design programs developed at Brown and Caldwell that will be used to model the entire wastewater treatment process to optimize the design. 3. Aggressively pursuing alternative funding from grant sources in addition to SRF funding, which comes with a lot of "strings attached". . Optimizing use of the existing concrete structures based on an assessment of design and remaining useful life. For example in their design proposal, all of the 45-year-old mechanical and electrical equipment from the primary clarifier will be removed and the concrete tank, which is still good, will serve as the tank for a new biological treatment process, the solids contact aerator. The newer, secondary clarifier will be converted to the primary clarifier, for which its design is better suited. o Unequaled expertise in designing TF/SC treatment plants. The cornerstone of increasing the plant's capacity to process suspended solids and BOD is the biological treatment process; the trickling filters and solids contact aerator (TF/SC). Brown and Caldwell invented the TF/SC process. Authorization of the City Manager to Negotiate and Enter into a Professional Consulting Services Agreement with Brown and Caldwell Environmental Engineers and Consultants to Provide Design Services and Prepare Construction Documents for the City of Ukiah's Wastewater Treatment Plant Improvement Project October 16, 2002 Page 12 of 13 6. Comprehensive and detailed Quality Assurance/Quality Control program. o Detailed list of the 476 construction drawings to be included in the project deliverables, more than twice the amount in one proposal. The other proposal did not define the number of drawings it would deliver. Brown and Caldwell's proposal was the only one that included a detailed construction cost estimate, a detailed construction management plan, output examples of the design software that will be used to model the plant improvements, a detailed quality assurance/quality control plan for the project, and a detailed listed of 476 engineering drawings to ensure an accurate construction bid. The Brown and Caldwell proposal demonstrated an in-depth understanding of the unique biochemical and physical processes at work in each area of a wastewater treatment plant. The increasingly restrictive discharge requirements mandated by the North Coast Regional Water Quality Control Board requires more than a civil engineering approach to plant design. A fundamental knowledge of the biochemistry involved is essential in designing a plant that will efficiently and effectively remove organic material from the waste stream entering the plant under widely varying operational conditions that exist in Ukiah throughout the year. It is evident from reviewing the resumes for the proposed project team, that only Brown and Caldwell's staff has the technical expertise to design a wastewater treatment plant that is not only structurally and hydraulically correct but also correct based on individual process requirements. It is this unique and extensive technical expertise that clearly differentiates their proposal from the others. Proof of the soundness of Brown and Caldwell's approach to wastewater treatment design was obtained firsthand during plant site visits made by evaluation committee members. Project Funding Based on consultations with the City of Ukiah Finance Director, the following accounts could be used to provide initial funding to start the engineering design work until other sources of funding were found to provide the needed additional funds and replenish these accounts: 1. City Capital Improvement Fund #620 $1,410,216 2. UVSD Capital Improvc. m~.nt Fund #650 $2,026,158 3. UVSD Special Fund #641 $ 252,184 Total $3,688,558 Future sources of funding are expected to include grants, a State Revolving Fund loan, and sewer rate increases. Staff Recommendation On the basis of demonstrated competence and on the professional qualifications necessary for the Authorization of the City Manager to Negotiate and Enter into a Professional Consulting Services Agreement with Brown and Caldwell Environmental Engineers and Consultants to Provide Design Services and Prepare Construction Documents for the City of Ukiah's Wastewater Treatment Plant Improvement Project October 16, 2002 Page 13 of 13 satisfactory performance of the services required, Staff is recommending that the Council authorize the City Manager to negotiate the final terms and enter into a contract with Brown and Caldwell Environmental Engineers and Consultants for the services outlined in the Request for Proposal Wastewater Treatment Plant Improvement Project. Copies of the recommended proposal from Brown and Caldwell are available for Council review. c)'~ , I I I I _ i \ i ,~--I-~1 ..~ / , ' ~ '~ / / ~ /' ~, ~~} ,l', ~/I/ ', I 'E :~.E I I . '~ I ,~ ~ / ,,: ~ , , / ' ' '- ' [.~_~.~ [ ]:~~' _L [ tr.[ , , [ [.~ | / __/ [ ~ [ [ /~/ /~/[ ', ~ ~, . ', [_~ /'~.~ ' ' ~. , , ~ I I I I I I L .......... I innn Figure 2 - WINZLER & KELLY PROPOSAL 1. New Headworks in Existing Parking Area w/ Screens, Grit Removal, and Influent Pumps 2. Rehabilitate Existing Primary Clarifiers 3. i or 2 New Primary Clarifier Tank(s) 4. New Motor-driven Distributor and New Media in Trickling Filter 5. New Motor-driven Distributor and Induced Ventilation in Biological Tower 6. Improvements to Secondary Clarifiers 7. Replace Digester Covers with Fixed Covers 8. Sludge Blending Tank 9. New Gravity Sludge Thickener 10. New Sludge Pasteurization Unit to Produce Class A Sludge 11. Repair Existing CI Facility and Convert to NaOCI Disinfection 12. Repair Existing AVVT Backwash Basins 13. Repair Existing CI Contact Basins 14. Convert Sludge Lagoons to Wetlands 15. Remodel and Expand Existing Operations Building Figure 3 - KENNEDY/JENKS PROPOSAL 1. New Headworks w/Screen, Grit Removal, and ]:nfluent Pumps 2. Rehabilitate Existing Primary Clarifiers 3. Add Additional Primary Clarifier Tank 4. Decommission Pre-Aeration Grit Tanks to Accommodate New Sludge Pumps for Primary Clarifiers 5. 4 New Trickling Filter Pumps 6. Increase Filter Height 9.5 lt., New Motor-driven Distributor, New Media 7. New Solids Contact Aeration Tanks ~. 3 New Circular Secondary Clarifiers 9. Convert Secondary Clarifiers to Chlorine Contact Chamber :[0. Upgrade Existing Digesters and Build New Thermophilic Digester 11. Repair Existing CI Facility and Convert to NaOCI Disinfection 12. New UV Disinfection Facility for AVVT Effluent 13. Replace Existing AVVT Backwash Basins with New Basins 14. Retrofit Existing CI Contact Basin for Backwash/Reclaim Effluent Storage 15. New Sludge Thickening Facility 16. Remodel and Expand Existing Operations Building Figure 4 - BROWN and CALDWELL PROPOSAL New Influent Pumping Station and Screenings New Grit Tank and Equipment Gallery Convert Existing Secondary Sedimentation Tanks to Primary Clarifiers Trickling Filter Pump Modifications Distribution Arm Replacement Snail Removal Structure & Equipnlent Gallery Modifications Convert Existing Primary Clarifiers to Solids Contact Tanks New Blower Building New ML Distribution Structure New Secondary Clarifiers Disinfection System Improvements New Sludge Thickening Facility Digester Facility Modifications Backwash Water Basin Improvements AWT Chlorine Contact Basin Improvements New Operations Building Future Trickling Filter Vendor's Name: Evaluator's Initials: City of Ukiah WWTP Improvement Project Preliminary Evaluation Checklist Date of Evaluation: Item Yes No Description 1 Proposal received on or before 2 PM PDT, Friday, May 31, 2002 2 Proposal in correct format: I. Cover Letter :~:~,~ II. Introduction ~ :~,~;~;;~'; III. Project Approach ~.~:~!~::~ IV. Project Team V. Schedule and Estimated Budget ;;:.:~ ~ ~;~: ~ ~ ~;; VI. Related Experience VII. Exceptions ~ Cover leEer provides: 3 Ove~iew of approach and procedures to complete Scope of Se~ices 4 Explanation of why vendors plan is best 5 Signature of authorized official and all pe~inant information for official 6 Statement that proposal is valid for 180 days ~ , Introduction provides: 7 Complete list of subconsultants 8 Planning, design, and construction administration experience Project approach provides: 9 Appli~tion of engineering skills in plant design and pedormance optimization 10 Design so,are to be used to model plant dynamics 11 Ideas for cost-effective design 12 Detail description on planning and managing all phases of project ~ ;~ ~:~ Project team provides: 13 List of all key team members 14 Statement of relevant qualifications and experience 15 Time commitment of each team member 16 Resumes and work experience 17 List of references with names and telephone numbem 18 Subconsul~nt information, qualifi~tions, experience, and project tasks and houm 19 Organization Cha~ 20 Non-substitution of key personnel statement ~:~ ~' ~;~;~ '~';~:~~:~: ;':Schedule and estimated budget provides: 21 Schedule bar cha~ of all ~sks in Scope of Se~ices 22 Estimated fee based on hourly rate schedule 23 Labor hour projections for all pemonnel ~tegories 24 Itemized hourly rate fee schedule 25 Breakdown of all associated costs 26 Subconsultant fees and expenses ;~:~:~ ?~:~ Related experience provides: 27 S~tement of experience with te~ia~ treatment and activated sludge WWTP's. 28 Client references for all proposed subconsultants 29 , No major exceptions taken to Scope of Sewices, insurance required, or contract 30 Six (6) copies of proposal submi~ed in property labeled shipping container m ~ O O O 0 ~ ~ ~ O O O E .~ ~o:~~ e e e -~~ ~o= ~88°o ._ m._ ~--~ 8-- Owner Project Description Professional Consultant Firm Reference Information: Owner Address Telephone City of Ukiah WWTP Improvement Project Reference Check Evaluation Sheet Project Referenced Person Contacted Date Contacted [Based on references provided in firm's letters of qualifications or through networking with other owners who have worked with the firm.] Questions Asked: 1. What was your project? 2. When was it completed? 3. Did the firm above do the work? 4. What did they do for you? Design work, construction coordination, studies, other (specify). 5. Who was the staff person assigned to work with you on this project? 6. Were you satisfied with his/her work? 7. Was the project started as scheduled? 8. Was the project completed as planned? 9. Was the budget, cost control, and financial adminis- tration within the planned controls and limitations? 10. Did the firm and the owner work well as a team as it related to the project? 11. Did the firm's personnel work well with the committee/ boards and staff on all of the project's specific requirements? 12. What is your overall evaluation of the firm based on experience? Grand Total Excellent 5 Good 4 Average 3 Fair 2 Poor 1 City of Calistoga Wastewater Treatment Plant Winzler & Kelly- Design Engineers for Current Upgrade Kennedy/Jenks - Design Engineers for Original Plant and Upgrades (1965-1975) Existing Headworks Grit Removal System for Headworks never worked and was removed Existing Headworks and Channel Grinder New Headworks with Mechanical Screen and Grit Removal System New Headworks - Parshall Flume and Mechanical Screen City of Calistoga Wastewater Treatment Plant Existing Primary Clarifier and Digester in the Background. Existing Primary Clarifier and Sand Filters in the Background Existing Digester will be converted to Sludge Storage Tank New Activated Sludge Tanks under construction. Construction was on hold due to environmental issue. Existing Sludge Drying Beds with Perforated Tiles for drainage City of Santa Rosa Laguna Treatment Plant CH2M Hill - Design Engineers for Subsequent Upgrades (1985 - Present) Brown and Caldwell - Design Engineers for Original Plant and Upgrades (1968-76) Electrical Substation for Treatment Plant - Designed by Winzler & Kelly UV Disinfection Facility Headworks - Mechanical Screen and Solids Removal Screw Conveyor Grit Removal System behind Solids Conveyor Pre-aeration Grit Chambers Primary Clarifiers City of Santa Rosa Laguna Treatment Plant Activated Sludge Tanks Flow Equalization Basins with Digesters in the background Secondary Clarifiers Secondary Clarifiers Tahoe Truckee Sanitation Agency Water Reclamation Plant CH2M Hill - Design Engineers for Original Plant and Upgrades (1978 - Present) Self Cleaning Bar Screens Spiral Dewatering Press Parshall Flume Grit Removal Chamber Primary Clarifier A corridor hms the full length of the plant accommodating piping, electrical conduit, pedestrians, and light vehicles Tahoe Truckee Sanitation Agency Water Reclamation Plant Pure Oxygen Activated Sludge Reactors and Secondary Clarifier Secondary Clarifier and Chemical Treatment Clarifier Modified Heat Exchanger for Thermophilic Digester Vaughn Mechanical Mixer for Digester Advanced Wastewater Treatment - Carbon Adsorption Units Ballast Pond The City of Hayward Wastewater Treatment Plant Brown and Caldwell - Design Engineers for Current Upgrade Kennedy/Jenks - Design Engineers for Original Plant and Past Upgrades (1951-2000) North Vacuator South Vacuator with Dissolved Air Floatation Tank-Gravity Thickener to the right in the background Primary Clarifier with Dissolved Air Floatation Tank-Gravity Thickener in the background Final Clarifier Decommissioned Fluidized Bed Reactor Decommissioned Fluidized Bed Reactor Town of Yountville Reclamation Plant Kennedy/Jenks - Design Engineers £or Plant Upgrades (1975-1994) Headworks - Grit Removal System (1977) Primary Clarifier in Front of Digester with Secondary Clarifier Behind (1939) Trickling Filter with Random Pack Media (1939) Solids Contact Aeration Tanks (1991) and Final Clarifiers in Background (1979) Coagulant tanks in foreground with Chlorine Contact Tank in background Fuzzy Filter with Inline Pressure Sand Filters in background Susanville Consolidated Sanitation District Wastewater Treatment Plant Kennedy/Jenks - Design Engineers for Current Upgrade Headworks and Treatment Plant Office Headworks - Parshall Flume Headworks - Influent Channel Barminutor Influent Screw Lit~ to Oxidation Ditches Flow Distribution Structure with Oxidation Ditch in the background Oxidation Ditch Susanville Consolidated Sanitation District Wastewater Treatment Plant Aerator for Oxidation Ditch Secondary Clarifier Old Digester converted to Aerated Sludge Holding Tank Aeration Pipe for Sludge Holding Tank Sludge Dewatering Centrifuge Class B Biosolids are hauled to nearby pasture for disposal. City of Eureka Wastewater Treatment Plant Brown and Caldwell - Design Engineers for Original Plant (1984) Headworks with Mechanical Screen and Grit Removal Equipment, Pre-aeration Grit Chamber and Primary Clarifiers Primary Clarifiers Underground Equipment Gallery for Pre- aeration Grit Tanks and Primary Clarifiers Biological Towers with High-density Cross- flow Plastic Modules Sludge Digesters Digester Mechanical Room City of Eureka Wastewater Treatment Plant Solids Contact Aeration Tank Secondary Clarifiers and Solids Contact Aeration Tank Secondary Clarifiers Chlorine Contact Basin Dublin San Ramon Services District Regional Wastewater Treatment Facility Brown and Caldwcll - Design Engineers for Plant Upgrade New Headworks - Mechanical Screens and New Influent Pumps New Digester and Upgrade of Existing Digesters New Primary and Secondary Clarifiers Brown and Caldwell Clarifier Design with Inboard Weir n~ 0 o KENNEDY/JENKS PROJECT TEAM ORGANIZATION CHART Project ream [a.h [ Jtil t es Pr h'~cipal-in-Cl'~arge Jim Graydon Technical Advisory Corn m it-tee George Tchobanoglou s U.C. Davis I,::',. I,~,'ll,lli'..)l'i ' I ',," ])i'~illf*.'l Orris Albertson ~us Admns ( tl,~l;li~ al I)l~lll~l.t Il'till Project Manager Joel Failer Project Engineer Mike Joyce QA/QC Howard Hot'fman Pete Laubenheimer Preliminary Design Team John Wyckoff t h'~,l(t',:'~:,rk,; ,' I:'riil~,~r;' John Harrison Anna Yen I~r~. t,~ .'xl~,~l~ 'ling Sachi Itagaki Ro§er Null Dave ParW Bob Ryder J )l'Mlllt.'( [ItJll! ,: I IJtlall~:,~l Leonard Charles Design & Construction Team Anna Yen 11, .: ~ri.: .~1 .' '~ ",1 Y", Don Barraza Andrew cleBoer CI[-)J'I! 1,2~ ~L~l_,.r}t~,:)/'/ Bill Ramroth Zachary H~ris Taber Consul~nts Rau & Associates Sam Jamison Bill Latone Gary Winton ( ;r,~ll,, 'v' ': }1~ ,~,l[,:,r T',l,t!'h I t[).' ~ OLA: Oscar Larson & Associates '~':ity ~f 'i)kiah - w~istewater Treatment Plant Improvement Project KennedytJenks Consultants BROWN AND CALDWELL PROJECT TEAM ORGANIZATION CHART 5'. ~ -' ~-. (: t ;'~ i 1 / i t .'. I; 7 5; I ::: I".l .~5 .[: .[:-'.'v' I,: '. ~ ~-; ,:~ ".~ i; i: i ':! I ',,'".. t ~ .:'~ - I: ', ['4 ,' .: ;~ :i :: ~': ", ,':; ]: .',., :..: i I :: ':, b-i [ ). ( i: :..': .i ~.,'1 ! "..J I :~5 t ': .i'i "t ii: ¥,,'/',.:-~I t '.'",'.~:;.l: :'~, l':qi'.&l ',.'li'-b.][' !"1 .,",.".il t',.'I::'!t(::VI r'v'}t;.''x, I l: '~t.l:~JS.';:..'.l Ihxlki ah Eric Wathberg. PhD, PE Tim Banyai, PE I Operations Manuai/Training/Startup Civil Engineering ElectricalJlnstru mentation/SCADA Structural Engineering HVAC/Mechanical Engineering Gas Utilization Construction Services Bob Witzgall. PE I I Jim Chitty; Bill Young Michael Zacharia, Pi; Alan Vause, PEa Gragg Boltz, PE Larry Oath, PEa Charles Nyman, PE Scott Parr, PEa Jim Bartlett, Pi; Jim Schetller, PE Denis O'Malley, PEa Lewis Gray . PE State Revolving Loan Fund Application Alternative Funding Environmental Review Biological Assessment Cultural Resource Assessment Geotechnical Engineering Surveying Architecture Gil V~aelar' Chrislopher R issetlo" Paul Scheidegger~' Tom Keegan' Allen Paslron" David Bradley' Thomas M. Herman; Jell McGraw, _ , Larry Wa Iker Associates RoadSmilh Scheidegger & Associa;es ECORP Archeo-Tec SHN Consulting Er;ineers & Geologists, Inc. T. M. Herman anO Associates Michael Willis Architects D-2 City of Santa Rosa Laguna Treatment Plant CH2M Hill - Design Engineers for Subsequent Upgrades (1985 - Present) Brown and Caldwell - Design Engineers for Original Plant and Upgrades (1968-76) Electrical Substation for Treatment Plant - Designed by Winzler & Kelly UV Disinfection Facility Headworks - Mechanical Screen and Solids Removal Screw Conveyor Grit Removal System behind Solids Conveyor Pre-aeration Grit Chambers Primary Clarifiers City of Santa Rosa Laguna Treatment Plant Activated Sludge Tanks Flow Equalization Basins with Digesters in the background Secondary Clarifiers Secondary Clarifiers Tahoe Truckee Sanitation Agency Water Reclamation Plant CH2M Hill - Design Engineers for Original Plant and Upgrades (1978 - Present) Self Cleaning Bar Screens Spiral Dewatering Press Parshall Flume Grit Removal Chamber Primary Clarifier A corridor runs the full length of the plant accommodating piping, electrical conduit, pedestrians, and light vehicles Tahoe Truckee Sanitation Agency Water Reclamation Plant Pure Oxygen Activated Sludge Reactors and Secondary Clarifier Secondary Clarifier and Chemical Treatment Clarifier Modified Heat Exchanger for Thermophilic Digester Vaughn Mechanical Mixer for Digester Advanced Wastewater Treatment - Carbon Adsorption Units Ballast Pond The City of Hayward Wastewater Treatment Plant Brown and Caldwell - Design Engineers for Current Upgrade Kennedy/Jenks - Design Engineers for Original Plant and Past Upgrades (1951-2000) North Vacuator South Vacuator with Dissolved Air Floatation Tank-Gravity Thickener to the fight in the background Primary Clarifier with Dissolved Air Floatation Tank-Gravity Thickener in the background Final Clarifier Decommissioned Fluidized Bed Reactor Decommissioned Fluidized Bed Reactor Town of Yountville Reclamation Plant Kennedy/Jenks - Design Engineers for Plant Upgrades (1975-1994) Headworks - Grit Removal System (1977) Primary Clarifier in Front of Digester with Secondary Clarifier Behind (1939) Trickling Filter with Random Pack Media (1939) Solids Contact Aeration Tanks (1991) and Final Clarifiers in Background (1979) Coagulant tanks in foreground with Chlorine Contact Tank in background Fuzzy Filter with Inline Pressure Sand Filters in background Susanville Consolidated Sanitation District Wastewater Treatment Plant Kennedy/Jenks - Design Engineers for Current Upgrade Headworks and Treatment Plant Office Headworks - Parshall Flume Headworks - Influent Channel Barminutor Influent Screw Lift to Oxidation Ditches Flow Distribution Structure with Oxidation Ditch in the background Oxidation Ditch Susanville Consolidated Sanitation District Wastewater Treatment Plant Aerator for Oxidation Ditch Secondary Clarifier Old Digester converted to Aerated Sludge Holding Tank Aeration Pipe for Sludge Holding Tank Sludge Dewatering Centrifuge Sludge Conveyor Susanville Consolidated Sanitation District Wastewater Treatment Plant Class B Biosolids are hauled to nearby pasture for disposal. Sludge Drying Beds City of Eureka Wastewater Treatment Plant Brown and Caldwell - Design Engineers for Original Plant (1984) Headworks with Mechanical Screen and Grit Removal Equipment, Pre-aeration Grit Chamber and Primary Clarifiers Primary Clarifiers Underground Equipment Gallery for Pre- aeration Grit Tanks and Primary Clarifiers Biological Towers with High-density Cross- flow Plastic Modules Sludge Digesters Digester Mechanical Room City of Eureka Wastewater Treatment Plant Solids Contact Aeration Tank Secondary Clarifiers and Solids Contact Aeration Tank Secondary Clarifiers Chlorine Contact Basin Dublin San Ramon Services District Regional Wastewater Treatment Facility Brown and Caldwell - Design Engineers for Plant Upgrade New Headworks - Mechanical Screens and New Influent Pumps New Digester and Upgrade of Existing Digesters New Primary and Secondary Clarifiers Brown and Caldwell Clarifier Design with Inboard Weir 0 KENNEDY/JENKS PROJECT TEAM ORGANIZATION CHART .Project Team [qk! ah Jtilities Principal-in-Charge Jim Graydon Technical Advisory Corn m ittee George Tchobanoglou s U.C. Davis Project Manager Joel Failer Project Engineer Mike loyce QA/' QC H o ward H oifm a n Pete Laubenheimer Preliminary Design Team John Wyckoff John Harrison S~chi Im~ski ~,.t,:f /)t~,';,'~,' I Andrew deBoer . Bill Ramrod~ .x,l: I~l[, ',. Zachary Harris .",~', [ht~li,: ,il Design & Construction Team An na Yen Tony Wakirn Il, ': !r~.'..!1 ' ";( ",l ;' '~ Don Barraza %IYII, 'tilt,ti Roger Null Dave ParW ~ la~l,.Jll~l.'.:: I In,~,r?/,c Bob Ryder J')l'h. lllll't tttH~ ,.' J lJh,lllc~/1 Leonard Charles Taber Consultants ,:' h., ,t~,,:'l'~lfi~ ~ Rau & Associates %!1 f-'."t' ",. il Sam Jamison Bill Latone Il (lHl~,rtlt tH)fl '¢ , :',1 1%Jlllld~lll::[ C, ary \,Vinton < ;l'<~dJl, V ( ;,i;,,:~,lti:,r * OLA: Oscar Larson & Associates C/ty of Ukiah - Waslewater Treatment f'hmt hnprovement Project KennedyiJenks Consultants BROWN AND CALDWELL PROJECT TEAM ORGANIZATION CHART i.::,+:~ ii! V,A::',.::;It ','",'~::.t!":~, l':] ,&l~,:li 1,..t[ !'1 ?~.".:l !'vi":'!i':i?,,"L~'vSl::,,l I] XIk. i..ah l/J-t:i I' i :t i___es Eric Walhberg. PhD, PE Operations Manuai/l'rainingtStartup Civil Engineering Electrical/Instru mentatiorffSCADA Structural Engineering HVAC/Mechanical Engineering Gas Utilization Constru~lion Services Jim Chilly; Bill Young Michael Zacl~aria, PE Alan Vause, PiE; Gmgg Boltz, PE Larry Oeth, PE; Charles Nyman, PE Scott Parr, PE; Jim Bartlett, PiE Jim Schetller, PE Denis O'Malley, PE; Lewis Gray III II I Alternative Funding Environmental Revie~v Biological Assessment Cultural Resource Assessment Geotechnical Engineering Surveyin~ Architecture Christopher R issetlo" Paul Scl~eidegger' Tom Keegan' Allen Paslron~ David Bradley' Thomas M. Herman; Jei~ McG raw, AIA~ Larry Walker Associates ReedSmith Scheidegger & Associafes ECORP Arc. hea-Tec SHN Consulting Er~;jin®ers & Geologists, Inc. T. M. H~rman an~l As~0ctalo8 M~Chael Wdll$ Architec~ D-2 AGENDA SUMMARY Item No. ! Od Date: October 16, 2002 REPORT SUBJECT: Update to Council Regarding Capacity Issues at Wastewater Treatment Plant REPORT: As reported to the City Council at the wastewater workshop, the Treatment Plant is near and has on occasion exceeded its capacity for certain discharge parameters. A letter received from the Regional Water Quality Control Board on August 1, 2002 requested that the City submit an evaluation of the treatment plant's ability to discharge within permit limits and a timeline for design and construction of plant improvements. Treatment Plant Staff requested a list of building projects both projected and currently under construction within the plant's service area. The current list when projects are completed would add approximately 100,000 gallons of sewage to the treatment plant per day. After meeting with the Regional Board to discuss the potential impacts, Staff was advised by the Board that while a connection ban would not be instituted at this time, it is expected that the City police itself. In order to avoid permit violations during the upgrade process, Staff recommends the following actions: Upon contracting with an engineering consultant, assign the immediate task of evaluating the Treatment Plant's ability to accept additional connections and the number of connections possible. Have the consultant evaluate modifications to the Treatment Plant that can be either performed by Staff or constructed early in the project to ensure compliance with the discharge permit and allow for additional connections. Until such evaluations are complete, the City will not issue will-serve letters (pre- approval for future service) for sewer connection nor accept any pre-payment of connection fees. Projects that currently have will-serve letters, have prepaid, or that will be completed and ready for sewer service before the evaluation is complete, will be served. RECOMMENDED ACTION: Direct Staff to Implement the Recommendations Stated in the Report. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject Staff recommendations and direct Staff as to alternatives. Requested by: Darryl L. Barnes, Director of Public Utilities Prepared by: Jerry Gall, Wastewater Plant Supervisor Coordinated with: Candace Horsley, City Manager Attachments: None APPROVED: ,_~ _..~,~~ r...,'~ Candace Hor~ley, CityMa~ager ~r ~r ~r Figure 2 - WINZLER & KELLY PROPOSAL z. New Headworks in Existing Parking Area w/ Screens, Grit Removal, and ]:nfluent Pumps 2. Rehabilitate Existing Primary Clarifiers 3. 1 or 2 New Primary Clarifier Tank(s) 4. New Motor-driven Distributor and New Media in Trickling Filter 5. New IVlotor-driven Distributor and ]:nduced Ventilation in Biological Tower 6. ]:mprovements to Secondary Clarifiers 7. Replace Digester Covers with Fixed Covers 8. Sludge Blending Tank 9. New Gravity Sludge Thickener 10. New Sludge Pasteurization Unit to Produce Class A Sludge 11. Repair Existing CI Facility and Convert to NaOCI Disinfection 12. Repair Existing AWT Backwash Basins 13. Repair Existing CI Contact Basins 14. Convert Sludge Lagoons to Wetlands 15. Remodel and Expand Existing Operations Building Figure 3 - KENNEDY/]ENKS PROPOSAL 1. New Headworks w/Screen, Grit Removal, and Influent Pumps 2. Rehabilitate Existing Primary Clarifiers 3. Add Additional Primary Clarifier Tank 4. Decommission Pre-Aeration Grit Tanks to Accommodate New Sludge Pumps for Primary Clarifiers 5. 4 New Trickling Filter Pumps 6. Increase Filter Height 9.5 lc., New Motor-driven Distributor, New Media 7. New Solids Contact Aeration Tanks 8. 3 New Circular Secondary Clarifiers 9. Convert Secondary Clarifiers to Chlorine Contact Chamber 10. Upgrade Existing Digesters and Build New Thermophilic Digester 11. Repair Existing CI Facility and Convert to NaOCI Disinfection 12. New UV Disinfection Facility for AWT Effluent 13. Replace Existing AWT Backwash Basins with New Basins 14. Retrofit Existing CI Contact Basin for Backwash/Reclaim Effluent Storage New Sludge Thickening Facility Remodel and Expand Existing Operations Building 15. 16. ./ it Ex~ s l~n g 48" RS "'. 54" ML .". .... TFE ;" '" I Figure 4 - BROWN and CALDWELL PROPOSAL New Influent Pumping Station and Screenings New Grit Tank and Equipment Gallery Convert Existing Secondary Sedimentation Tanks to Primary Clarifiers Trickling Filter Pump Modifications Distribution Arm Replacement Snail Removal Structure & Equipment Gallery Modifications Convert Existing Primary Clarifiers to Solids Contact Tanks O New Blower Building O New ML Distribution Structure New Secondary Clarifiers Disinfection System Improvements New Sh. Jdge Thickening Facility Digester Facility Modifications Backwash Water Basin Improvements AWT Chlorine Contact Basin Improvements New Operations Building Future Trickling Filter City of Ukiah WWTP Improvement Project Preliminary Evaluation Checklist Vendor's Name: Evaluator's Initials: Date of Evaluation: Item Yes No Description 1 Proposal received on or before 2 PM PDT, Friday, May 31, 2002 2 Proposal in correct format: I. Cover Letter II. Introduction ,~:~, III. Project Approach ~;~, ,,~ ~.,;~ ~. IV. Project Team ?~:,;;.,.,?,,~,~? V. Schedule and Estimated Budget ,~ :i!i~;, ;~:~:~i'!~,~, %?i::~' ::;;;~ '~: VI. Related Experience :=:~ =: Vll. Exceptions Cover leEer provides: 3 Ove~iew of approach and procedures to complete Scope of Se~ices 4 Explanation of why vendor's plan is best 5 Signature of authorized official and all pe~inant information for official 6 Statement that proposal is valid for 180 days ;~,; ~? :~ ~ ~: I ntrod uction provides: 7 Complete list of subconsultants 8 Plannin9, design, and construction administration experience "~' Project approach provides: 9 Application of engineering skills in plant design and pefiormance optimization 10 Design so,are to be used to model plant dynamics 11 Ideas for cost-effective design 12 Detail description on plannin9 and managin9 all phases of project Project team provides: 13 List of all key team members 14 Statement of relevant qualifications and experience 15 Time commitment of each team member 16 Resumes and work experience 17 List of references with names and telephone numbers 18 Subconsultant information, qualifications, experience, and project tasks and hours 19 Organization Cha~ 20 Non-substitution of key personnel statement :~::" ~; Schedule and estimated budget provides: 21 Schedule bar cha~ of all tasks in Scope of Se~ices 22 Estimated fee based on hourly rate schedule 23 Labor hour projections for all personnel categories 24 Itemized hourly rate fee schedule 25 Breakdown of all associated costs 26 Subconsultant fees and expenses Related experience provides: 27 Statement of experience with te~ia~ treatment and activated sludge WWTP's. 28 Client references for all proposed subconsultants 29 No major exceptions taken to Scope of Se~ices, insurance required, or contract 30 Six (6) copies of proposal submi~ed in properly labeled shippin9 container A ~' ~ o~ o o " ,, uJ · r- -t'- -r" E E E E o o o .,.., '- ,-. E E E ~ -- 'o o o o o ~:~._m (~ ~ 0 0 0 0 0 L ~ 0 ...... 0 o ~ {~ .'~'_ .,=, 0 c ~ '~ o '~ o '~ o ~ ~ ~ E c ~ ~ ~ 'E = o o '~ E ~ ~ E -- C .-- ~o m o Em ~ .- 0 0 · I'- ,,, ,4--) · ~ o o 0 o ~ _~ ooo o ~~ -- o ~ m * ~ EEE '~ ~'~ g o 8 o Owner Project Description Professional Consultant Firm Reference Information: Owner Address Telephone City of Ukiah WWTP Improvement Project Reference Check Evaluation Sheet Project Referenced Person Contacted Date Contacted [Based on references provided in firm's letters of qualifications or through networking with other owners who have worked with the firm.] Questions Asked: 1. What was your project? 2. When was it completed? 3. Did the firm above do the work? 4. What did they do for you? Design work, construction coordination, studies, other (specify). 5. Who was the staff person assigned to work with you on this project? _ Excellent Good Average Fair Poor 5 4 3 2 1 dminis_ Pons? :mmittee/ ,~' ~ i: zed on I I I I I 6. Were you satisfied with his/her work? 7. Was the project started as scheduled? 8. Was the project completed as planned? 9. Was the budget, cost control, and financial tration within the planned controls and limitati( 10. Did the firm and the owner work well as a re; related to the project? 11. Did the firm's personnel work well with the boards and staff on all of the project's specific requirements? 12. What is your overall evaluation of the firm ba., experience? Grand Total City of Calistoga Wastewater Treatment Plant Winzler & Kelly - Design Engineers for Current Upgrade Kennedy/Jenks - Design Engineers for Original Plant and Upgrades (1965-1975) Existing Headworks Grit Removal System for Headworks never worked and was removed Existing Headworks and Channel Grinder New Headworks with Mechanical Screen and Grit Removal System New Headworks - Parshall Flume and Mechanical Screen City of Calistoga Wastewater Treatment Plant Existing Primary Clarifier and Digester in the Background. Existing Primary Clarifier and Sand Filters in the Background Existing Digester will be converted to Sludge Storage Tank New Activated Sludge Tanks under construction. Construction was on hold due to environmental issue. Existing Sludge Drying Beds with Perforated Tiles for drainage Item No. lOd _ Date:October 16~ 2002 AGENDA SUMMARY REPORT SUBJECT: Update to Council Regarding Capacity Issues at Wastewater Treatment Plan-"-'--'~ REPORT: As reported to the City Council a--tt e wastewat~p, the Treatment is near and has on occasion exceeded its capacity for certain discharge parameters. A letter received from the Regional Water Quality Control Board on August 1, 2002 requested that the City submit an evaluation of the treatment plant's ability to discharge within permit limits and a timeline for design and construction of plant improvements. Treatment Plant Staff requested a list of building projects both projected and currently under construction within the plant's service area. The current list when projects are completed would add approximately 100,000 gallons of sewage to the treatment plant per day. After meeting with the Regional Board to discuss the potential impacts, Staff was advised by the Board that while a connection ban would not be instituted at this time, it is expected that the City police itself. In order to avoid permit violations during the upgrade process, Staff recommends the following actions: Upon contracting with an engineering consultant, assign the immediate task of evaluating the Treatment Plant's ability to accept additional connections and the number of connections possible. Have the consultant evaluate modifications to the Treatment Plant that can be either performed by Staff or constructed early in the project to ensure compliance with the discharge permit and allow for additional connections. Until such evaluations are complete, the City will not issue will-serve letters (pre- approval for future servicb) for sewer connection nor accept any pre-payment Of connection fees. Projects that currently have will-serve letters, have prepaid, or that will be completed and ready for sewer service before the evaluation is complete, will be served. RECOMMENDED ACTION: Direct Staff to Implement the Recommendations Stated in the Report. .- .- ALTERNATIVE COUNCIL POLICY OPTIONS: Reject Staff recommendations and direct Staff as to alternatives. Requested by: Darryl L. Barnes, Director of Public Utilities '-----=--'--- Prepared by: Jerry Gall, Wastewater Plant Supervisor Coordinated with: Candace Horsley, City Manager Attachments: None Canda~:e Hor~ley, City-'Ma'~age~ AGENDA SUMMARY ITEM NO. loe DATE: October 16, 2002 REPORT SUBJECT: ACCEPTANCE OF PROPOSAL FOR SOFTVVARE DEVELOPMENT; APPROVAL FOR C~'I'Y MANAGER TO NEGOTIATE AND S:IGN CONTRACTS WITH AVEN:IR SYSTEMS, L.L.C. FOR JO:INT APPL:ICA'I'~ON DEVELOPMENT PROPOSAL: Enter into a Joint Application Development (JAD) Agreement with Avenir Systems L.L.C. (Avenir) for acquisition of a city-wide information system that not only replaces existing financial applications, but also brings computerized systems to Personnel, Community Development (Planning, Building, and Code Enforcement), Community Services, Fleet Management and :infrastructure :inventory. BACKGROUND: The current financial software is actually two separate systems, Governmental Financials from ACS and Utility Billing from Avenir. ~[n 1986 Oregon Computer Continued on page 2 RECOMMENDED ACTIONS: 1) Accept the Joint Application Development Agreement from Avenir Systems, L.L.C. for Customer :Information System, Financial System, Payroll and Human Resource System, Community Development System, and Other Applications for a total of $571,012.00. 2) Authorize the City Manager to complete negotiations with Avenir Systems and sign the Joint Application Development Agreement. ALTERNATE AC'I'~ONS: 1) Accept alternate proposal. 2) Reject all proposals and provide direction ~/~,~aff. Requested by: Gordon Elton, Finance Director/' Prepared by: Gordon Elton, Finance Director, Mike McCann, Accounting Manager, Paulette Klingbeil, :Information Technology Coordinator, and Patsy Archibald, Customer Service Supervisor Coordinated with: City Manager, Planning Director, Public Works Director, Community Services Director, Personnel Director, Assistant City Manager, and Budget Officer Attachments: 1) Background for Avenir and Dennis Harward 2) Cost proposal matrix. 3) Avenir Systems Enterprise Software Solution Executive Summary. APPROVED' '-C~:fi'dace' '' "~~, Horsley, Manager Software proposal - continued Systems (Orcom) wrote a utility billing software system, now owned by Avenir Systems L.L.C., that is the core of the product we use today. Over the years there have been many enhancements along with the addition of some new modules; however the core product providing utility billing and parking permit billing has remained the same. The software from ACS provides general ledger, accounts payable, payroll, purchasing, budgeting, cash receipts, business licenses and some non-utility billing functions. These software applications represent an older technology that no longer meets the City's requirements. Many departments, in addition to the Finance Department, have unmet needs which cannot be accommodated utilizing the current software. General Financials Does the City's current financial system work with 2002 accounting standards? The answer is, the Financial system barely gets us by. That is not the same as saying it works. Summaries of prior years data are not available. Grant accounting and project accounting are only available to the extent that a separate fund is created for each grant and the accounting is forced into the standard fund and department structure. This leads to creating many extra funds. 2000, the Mendocino County Grand .lury commented that the City maintained too many funds and should pursue steps to minimize the number of funds created. :If we attempted to create funds for projects, we would need more than the 999 fund numbers currently available. Instead we resort to manual analysis and spreadsheets to track project information. This method is not only an inefficient use of time, but also limits the availability of the information to interested parties other than the originator of the information. Budget Budget is another area where the financial system is utilized but a majority of the budget development work is completed in spreadsheets. These spreadsheets cannot be linked to the computer systems where the historical data resides. The 370 budget for fiscal year 2002/2003 consists of eight separate Microsoft Excel workbooks. The budget development portion of the financial software doesn't produce reports with the combination of information or the look that the City desires in the budget document. A result of this is the departments prepare their requests in either written, typed or spreadsheet formats. Then the Budget Officer cuts and pastes or reenters the information into the budget spreadsheet and also enters the budget into the financial system. This process of duplicate entry of the same information takes considerable additional data entry time. A financial system that produces a usable end product and also allows direct input by each department will significantly reduce the duplication in re- entering requests, make budget information readily available to all departments while it is in development, and result in a less time consuming budget preparation process. Personnel 8, Payroll Payroll preparation is part of the current computerized system; Personnel is not. The Personnel function is operated with a combination of word processing and spreadsheet documents GE:Software.agn Page 2 of 13 Software proposal - continued coupled with hand written notes and analyses, there is no direct tie-in to payroll. All personnel actions that affect payroll must be recorded on paper, filed in personnel, copied to payroll, entered into the payroll computer system and filed by payroll. An integrated Personnel/Payroll system will provide for data entry one time and a "checks and balances" system between Personnel and Payroll. Report producing capability may be the Personnel system's greatest area of impact. Currently any personnel reports are created from the data maintained in files or in spreadsheets and word processor documents. Data must be searched out, compiled and assembled into the desired reports. The capability for the computer system to report the desired statistics will more readily produce the required reports and allow for analysis from a variety of perspectives including trend comparisons. Some examples (in addition to the obvious demographic information) are: employee training records (for legal compliance); performance evaluation and step increase tracking; disability and Family Medical Leave Act tracking; health benefit demographics and premiums; recruitment logs and candidate demographic information. Prior to issuance of a Request for Proposals (RFP), several software companies were invited to demonstrate their products to City staff. Based on these demonstrations, a staff consensus was reached that tools were available in the marketplace, that would allow better service to the public than could be provided with the existing tools. Thereafter the decision was made to go forward and formally issue the RFP. Other departments - principally Community Development (Planning, Building, and Code Enforcement), Community Services and Personnel- were also searching for software to assist them with meeting their missions. They were unsuccessful in finding a solution to completely meet their needs. :In IVlay, 2002 a comprehensive RFP was issued for computerized systems for multiple City Departments. The overall objective of the RFP was to identify a single vendor to provide a software solution to all operating units and departments within the City that would enable them to achieve their strategies and goals in the most proficient, productive and cost-effective manner. Four responses were received from interested companies. Two of the responses did not provide solutions for all areas of the RFP. The third response spoke to all areas of the RFP by attempting to bring together software from four companies. Staff was deeply concerned about the long term effects of attempting to manage relationships between the four different vendors. The solution proposed was also the most costly. After reviewing the proposals, staff came to the conclusion that the fourth proposal, from Avenir, best meets both the current and future needs of the City. GE:Software.agn Page 3 of 13 Software proposal - continued Discussion The overall objective of the City is to provide needed information technology services to all operating units and departments enabling them to achieve their strategies and goals in the most proficient, productive and cost-effective manner. The City's goals of the project are: · To acquire software products to meet departmental application requirements. · To identify and select only vendors with a strong reputation for customer satisfaction and service. · To acquire computer systems which require minimal in-house dedicated personnel resources for ongoing system management. · To preserve the City's existing technology investment where possible. · To address all high priority application needs while limiting capital information systems expenditures. The scope of the RFP included all City departments. Particular emphasis and priority was given to the following applications: · Financial, Budgeting, Project & Grant Accounting · Purchasing, Encumbrance Accounting · Payroll and Personnel · Utility Billing, Service Orders, & Meter Reading Interface · Planning, Permits, Code Enforcement · Geographic Information Systems (GIS) Interface · Business License · Fixed Asset Management · Fleet Management · Recreation and Parks · Work Orders · Rental Facility Management · Parking Permits & Parking Citation Management Vendor Proposals Proposals were received from Springbrook Software, HTE, New World Systems, and Avenier Systems. Springbrook is a Microsoft Windows based system. Springbrook's proposal had interesting features and was given consideration. One of the major stumbling blocks of this offering, in addition to the fact it did not offer the full range of functions, was the length of time it took to compute payroll. The company estimated that payroll calculation would take more GE:Software.agn Page 4 of 13 Software proposal - continued than an hour for a payroll of 200+ employees. Payroll is calculated a minimum of two times in the normal process. ~[f any changes are necessary after payroll is initially calculated, additional calculations are necessary. With a three day period for preparation of payroll, an increase from five minutes to two or more hours was a sufficient negative to eliminate further consideration of other positive elements. New World Systems proposed software is very similar to the existing financial system and some improvements in functionality for billing and collection. :It did not offer functions for Community Services or Community Development (Planning, Building, and Code Enforcement). HTE proposed solutions for every function requested in the RFP. They combined software from a variety of subcontractors and promised it would all work together to meet our needs. ~[n addition to staff's hesitation over the multiple vendor approach, the demonstration of the software was lackluster and some features did not function with methods that were consistent with how we do business. There might have been room to consider changing our business practices in some areas, however this offering was also the most expensive. Therefore, it was not considered further. Avenir proposed a development process to tailor software to meet our desired processes and provide functions in all the desired service areas. This software is built on web browser tools and is based in the "Java" programming language which has become a standard in the internet world in which we live. Why Avenir? The City is in need of a system that incorporates all of the functionality of our present system with the addition of many features that will enable us to run our operations more efficiently in the future. We are in need of a system that is much more easily customized than our present system. We are in need of a system that is designed with the future of the present software industry in mind, not the future of the software industry of 1987. Using a combination of modern techniques and tools, .1AD, RUP® (Rational Unified Process®), SQL, and Java, Avenir is able to develop software specifically designed to meet the City's needs now and in the future. 3AD "Joint Application Development, or .1AD, is a process originally developed for designing a computer-based system. It brings together business area people (users) and 1T (Information Technology) professional in a highly focused workshop. The advantages of .1AD include a dramatic shortening of the time it takes to complete a project. It also improves the quality of the final product by focusing on the up-front portion of the development lifecycle, thus reducing the likelihood of errors that are expensive to correct later on. GE:Software.agn Page 5 of 13 Software proposal - continued The .]AD process does for computer systems development what Henry Ford did for the manufacture of automobiles (a method of organizing machinery, materials, and labor so that a car could be put together much faster and cheaper than ever before- the assembly line). The goal in systems development is to identify what the users really need and then set up a system or process that will provide it. Traditional methods have several built-in delay factors that get worse as more people become involved. .]AD centers around a structured workshop session. Everyone gets together in a room and talks out their needs. Everyone hears what the rest of the group has to say. There is no delay between question and answer, no "telephone tag" or waiting for memos to come back..]AD eliminates many of the problems with traditional meetings. .1AD turns meetings into workshops. They are less frequent, more structured, and more productive. An agenda provides the structure, a facilitator directs the process, visual aids clarify concepts being discussed and the group dynamics, with constant feedback, stimulates creativity." Description/Information above provided by Creative Data Inc., www.credata.com RUP® (RATI'ONAL UNTFI'ED PROCESS®) Consistent delivery of quality software requires more than general expertise. It also requires specific knowledge of how tasks are performed in your environment. That's why the implementation of a flexible and targeted development process is crucial. The Rational Unified Process®, or RUP®, combines industry-proven best practices with optional process Plug-Ins to support projects of any size, scope, and technology environment. Throughout 20 years working with customers building complex software, Rational has identified a set of key principles that correlate strongly with project success. The Rational Unified Process has been adopted by thousands of development teams. SQL (Structured Query Language) SQL is the standardized language for defining and manipulating data in a relational database. In accordance with the relational model of data, the database is perceived as a set of tables, relationships are represented by values in tables, and data is retrieved by specifying a result table that can be derived from one or more base tables. SQL is a universally accepted and utilized database language .1AVA"" The .]avaTM platform is based on the power of networks and the idea that the same software GE:Software.agn Page 6 of 13 Software proposal - continued should run on many different kinds of computers. Since its initial commercial release in 1995, Java technology has grown in popularity and usage because of its true portability. Any .]ava application can easily be delivered over the Tnternet, or any network, without operating system or hardware platform compatibility issues. Furthermore, the .lava platform was designed to run programs securely on networks..lava technology allows programmers and users to do new things with Web pages that were not possible before. With .lava technology, the Tnternet and private networks become your computing environment. .lava technology-based software includes programs written in the .lava programming language which can run directly on your computer (without requiring a browser), or on servers, on large mainframe computers, or on other devices. For example, .lava technology-based software running on servers in large companies monitors transactions and ties together data from existing computer systems. Other companies are using .lava technology-based software on their internal Web sites to streamline communication and the flow of information between departments, suppliers and customers. .lava technology eliminates many of the problems associated with installing and running applications. That's because generally the .lava user does not have to configure, load, or install anything. Tnstead, computing devices tap into the network and funnel its power to the user. Upgrades are automatic, making installation and configuration obsolete. Core Benefits · Joint Application Development Process: The .lAD process (see page 5 for description of .lAD) creates software based on our requirements, a tailored solution using state of the art technology tools. Base components are used in combination with specialized components that are defined during the .lAD process. City employees provide input regarding software features process and development efforts, ensuring that the solution meets their workflow and functionality requirements. · Reduced software acquisition and implementation costs: Our participation in the development efforts results in software designed specifically for our business requirements..loint development results in software that is typically 30%, or more, less expensive than competitive software and saves an additional amount in data conversion usually equal to the software cost. · Data conversion: Historical data will be converted to the new system as part of this proposal. · Platform independent: The software is not limited to a Microsoft Windows environment and is not tied to a particular brand of hardware. All modules of the GE:Software.agn Page 7 of 13 Software proposal - continued system are Web enabled. They will use a common web browser interface to access the entire system. The database will be in an SQL format (Structured Query Language) allowing much more flexible access to data than at the present. Flexibility: Additional user defined fields are easily added without having to rewrite large amounts of programming. Programming changes are much more easily made. Custom programming is not an ordeal as in the present system. Organizational Readiness: Our business practices will not have to be made to fit the software but, rather, the software will be made to fit our business practices. Easier Training: The software will look and function like the internet. New employees and customers who are comfortable using the internet will feel at home in this environment. Therefore, new employees will be fully productive in a shorter period of time. ]:mprovements, Enhancements, and Benefits Improvements, enhancements, and benefits for some of the major subsystems within the desired software are: Financial · General Ledger (GL) "drilldown" to transaction detail · A truly integrated accounting system eliminates the need for many of the Excel spreadsheets currently used as workarounds to the limitations of the current system · The ability to directly report across any time span at any level of detail · GL becomes more useful to non-Finance department users responsible for budgets by more fully describing transactions · System will, for the first time, fully support true grant to date accounting · Multi-year, multi-funded projects will, for the first time, be fully supported · Budget design, analysis and document creation will be handled within the software · "What-iff budget analysis will be available · Integrated Payroll with Personnel · Fixed asset management and associated depreciation schedules are directly integrated with the financial system Billing System · This system will combine utility billing with other types of billing into one process · System will provide a more detailed billing statement to the customer. Example: it can display the unit rate on the bill · Provide electric rate unbundling · Customer can inquire and pay their utilities via the Internet · Multiple electric meter capability per customer account · Flexible design layout of all bills, statements and notices which allow staff to revise the GE:Software.agn Page 8 of 13 Software proposal - continued look and content of bills, statements and notices · Allow multiple last names as cross references on a single account · Flexible management of Accounts Receivable System · More comprehensive reporting capability · Manage net billing of customer generated alternative electricity Community Development (Planning, Building, and Code Enforcement) · Automated Planning applications for Design Review and revisions, Variances, Zone Changes, Use Permits and revisions · Provides for the tracking of the application review process, status, and related reporting · Automated calculation of standard fees and tracking fee collections and receivables · The ability to track and analyze demographic information and update the General Plan · Full integration with Business License, General Ledger, and GIS. · Detailed permit/project tracking · Permit review streamlining · Ability to prepare comprehensive permit, pro~ect, and property information annual reports · Provides monitoring of on-going code compliance issues/projects · Includes the ability for the public to access readily available property information Community Services · Comprehensive registration system; creating a single database that integrates the registration for programs with the fiscal capability of tracking payments and refunds · Full reporting and data sorting options including being able to produce labels, e-mail lists, enforce nonresident fees, track non-payments, etc. · Allow the public to access information and register for classes on-line (we estimate that at least 25% of those utilizing our services are also actively utilizing the web) · Facility and resource booking; calendaring capabilities to book rental facilities, pool cars, and office conference rooms; eliminate overbooking; will allow for the input of client information and special set-up needs · Task and work order tracking; allow supervisors to assign and track tasks among the 5 divisions within the Community Services Department including 16 full-time, 9 part- time, and 70 seasonal employees · Facility and equipment management; track assets and routine maintenance of vehicles, HVAC units, halon systems, pest control service, etc. Work Management · Project Management · Fleet Management · Training · "Drilldown' cost detail, daily updating of work orders GE:Software.agn Page 9 of 13 Software proposal - continued · Tie work order numbers to cash receipts journal, business to business w/material vendors · "Drilldown" capability in work order system, real-time verification of asset availability for retirement in work order system, ability to search in PO system based on description key words · Tntegration with all subsystems · Accounts Payable-ability to make a vendor inactive · Graphical User :[nterface (GU:[), Reporting tools · Print project report that includes work orders, all detail activity w/selected project Personnel/Payroll · Automated Flex Plan calculations · Ability to use multiple pay rates and PERS groups per employee per pay period · Data entered into Personnel is immediately available in Payroll and visa versa · Provides for browser based access for employee self service with full security · Recruitment and Applicant information, tracking, and reports · Automated tracking of Equal Employment Opportunity information · Ability to track employee job and compensation data · Position Control · Electronic Personnel Action Forms · Benefit tracking and validation GE: Software. agn Page 10 of 13 Software proposal - continued Costs and Bud~jet Reserved in the currently adopted budget accounts 698.1301.800.000 and 699.1301.800.000 are $471,012 and $100,000 respectively. The following table describes the software systems to be acquired. Costs (with sales tax included) and Previously Reserved Appropriation Previously Reserved Description Proposed Cost Appropriation General Fund Financial system $135,326 $135,326 Personnel 28,958 28,958 Community Development 28,959 28,959 Community Services 37,538 37.538 Public Works 26,813 26,813 Vendor Travel reimbursement Estimated 3,418 Subtotal $257,594 $261,012 Billing & Collection Fund Billing & Collection $292,795 $292,795 Vendor Travel reimbursement Estimated 6,582 Data consolidation for conversion Estimated 623 Subtotal Billing & Collection $292,795 $300,000 Purchasing Fund Purchasing $10,000 $10,000 Subtotal Purchasing $10 TOTAL Proposed $560,389 $571,012 Combined Total $571,012 Recommendation The solution offered by Avenir Systems L.L.C. provides the opportunity to tailor a system to meet the unique nature of a City providing the combination of services Ukiah has to offer. Staff recommends acceptance of the Avenir proposal for an Enterprise Software Solution and requests approval for the City IVlanager to negotiate and sign contracts. GE:Software.agn Page 11 of 13 Software proposal - continued Attachment # 1 Backqround for Avenir and Dennis Harward Avenir Systems is a very important technology group specialized in providing products and services to the Utilities market. With Avenir's focus on Utilities, Harward Investments will be better positioned to provide specialized, enterprise-wide software development solutions and services to both Government and Utilities markets. "By working with Harward Investments, Avenir will be able to develop software quickly, and provide additional services to our customers," said Brad Brown, Avenir President. "As we embark on next generation software development, the capabilities of each Harward technology group will allow Avenir to provide the right software solution using a best practices approach focused on specific needs of the Utilities market with a strong East and West Coast presence for each technology group," said .lack Harward, CEO of Harward Investments. Harward Tnvestments, Znc., a technology holding company founded by .lack and Dennis Harward, pioneers in software development, services, and enterprise solutions, has invested in Avenir Systems. Harward Investments is comprised of technology subsidiaries that are focused on providing state-of- the-art technology and software solutions to various vertical markets. Harward subsidiaries presently include: Government Technology Resources (GTR) - a technology group specialized in providing products and services to the Government Agency market. Computer Management USA (CMUSA) - a core software development group specialized in developing component based software solutions tailored to meet specific needs of each customer utilizing proven design, development, documentation, and implementation techniques, methodologies, and processes. Helium Flash - an Internet software development group specialized in developing enterprise Web solutions that supports an integrated, consistent, and efficient delivery of services and information to an organization and its customers. HTE, Inc. Chairman and CEO Dennis Harward won the Ernst & Young :1,999 Florida Entrepreneur Of The Year award in the Software Technology category. As former Founder and President of H.T.E. Inc., Dennis .l. Harward received the ~.998 ]MI Entrepreneurial Excellence Award, which exemplifies the essence of America's economic greatness. In 1981, Dennis Harward and .lack Harward founded H.T.E., one of the nation's leading software solutions providers, offering systems hardware, software, and a complete range of customer services. Guided by Mr. Harward's entrepreneurial vision, the company now (1998) has more than 1,300 customers worldwide and continues to grow. In 1999 Dennis Harward left H.T.E. and founded Harward Investments, Inc. and Government Technology Resources (GTR) and embarked on a new direction in governmental software development. GE:Software.agn Page 12 of 13 Software proposal - continued Attachment #2 Cost Proposal Matrix Category New World Springbrook HTE Avenir I Financial Applications $129,360 $143,500 $237,830 $137,500 2 Payroll/Personnel 52,160 88,800*** 50,950 55,000 3 Land-Based Applications 109,380 * 103,300'** 211,600 165,000 4 Other Applications 43,880 ** 16,200 177,082 165,000 5 Other software requirements 19,637 5,700 22,275 -0- 6 Other fees and costs 2,500 33,838 112,422 48,512 Total $356,917 $391,338 $812,159 $571,012 · Planning and Code Enforcement not available · * Recreation and Parks and Person/Entity system not available · **Excludes Code Enforcement and part of Planning. Excludes some Personnel functions. GE:Software.agn Page 13 of 13 PRESENTED THE CITY OF JUNE UKIAH 2002 PR. EPARED AVENIR BY SYSTEMS AVENIR S Y S T E M S Government Technology R E S 0 U R C ES June 5, 2002 Marie Ulvila, City Clerk City of Ukiah 300 Seminary Avenue Ukiah, California 95482 Dear Ms. Ulvila: Thank you for the opportunity and we are pleased to respond to your request for proposals for an Enterprise Software Solution. Although we have not met, we have enjoyed getting to know several of the Ukiah staff, and your community as we have provided service to you supporting your utility billing software since our acquisition of the Classic products from OrCom. Additionally, we have very much appreciated the opportunity the City has provided us to meet and visit with many of the people in your organization. During our discussions we have come to understand the challenges your organization is faced with, how these challenges relate to your City's operations and how your staff views software helping them provide superior customer service to their clients and the community. Our proposal provides a turnkey solution that addresses all of the requirements included in your Request for Proposals. We believe our proposal provides the City with an actionable plan to move to technology that not only addresses what the City sees as it's needs and requirements today but will provide for new opportunities for efficiencies, will result in improved customer service and support, and that is affordable. As we have discussed, Avenir is in the final stages of merging it's business with Government Technology Resources (GTR) to design, develop and support next generation software. The merger brings significant value to our existing clients in that GTR brings a proven software development methodology and experienced and respected software leadership to our company. GTR was founded in 1999 by Jack and Dennis Harward. Prior to forming GTR the Harward's founded HTE (HTE is a competitor that provides "legacy" system software for local government) in the early 1980's and grew it to a $100 million a year business by 1999. The Harward's passion for providing service and value to local governments and the opportunity to join Avenir will allow us together to meet the software and related service needs of our clients. Our proposal includes replacing all existing "legacy" systems and meeting the needs of those without software with an integrated, enterprise wide, web browser based system that is easy to use and maintain, featuring automated workflows and integration to related systems, i.e., "next generation" software. Legacy systems are those built during the past two plus decades that were designed without the benefit of modern software, hardware or consideration of the Internet. Most companies that have built legacy systems, including Avenir until now, have continued to spend money to enhance these products and trying to make these systems Internet compatible, however, they have done so with tremendous system overhead and have not been able to gain the functionality available in next generation software due to the original design limitations of legacy systems. Avenir/GTR creates totally new applications that leverage the dramatic technological advances made over the past decade. The component-based architecture used facilitates the creation of solutions that are truly responsive to current and future needs. It takes to new levels the integration, openness, scalability, and user-friendliness while allowing a full range of hardware and database options as well as offering a value proposition and total cost of ownership that have no equal in the industry. Our proposal also addresses the high maintenance and implementation costs associated with legacy systems: We eliminated the traditional maintenance costs by unbundling upgrade and enhancement fees and offering a lifetime warranty against software defects. All fees are based upon services actually provided, resulting in the total cost of ownership being dramatically reduced. These Systems are web browser based applications delivering personalized information wherever it is needed; integrating online and enterprise systems; and providing real time information within the City as well as to external users. Avenir/GTR leverages its best-of-breed competencies in all aspects of Local Government, Integration and Analysis to create applications with the flexibility to showcase the City as a progressive technological leader among local governments. Avenir/GTR are already moving forward with next generation software development and implementation. GTR has completed several applications including components that can be used in other applications and is in the process of implementing a suite of community development applications. The development methodology we utilize to program the next generation of software is Joint Application Development (JAD). Briefly, JAD brings together the expertise of our clients, software engineers and consulting staff to design systems that meet each clients needs. It is through these collective efforts that we will build reusable components, much like lego toy assemblies, that can be placed together in an unlimited number of workflow environments so that the software is "tailored" to meet the specific requirements of each client. The process involves our clients from beginning to end and requires our clients to approve the various component processes along the way so that when we install and the client operates the program the client is fully trained on the system as they have helped design, build, test and approve the product. We have included several documents in our proposal, please see Appendix: JAD and Appendix: Community Dev., further explaining the JAD processes and projects currently underway. Additionally, we are initiating a Joint Application Development (JAD) project to design, develop and program financial and utility billing programs in June of this year with expected completion of the various applications during the next 6 to 24 months. Completion and implementation of the various applications into the City of Ukiah will depend on a variety of factors including but limited to the priority Ukiah gives to each application and Ukiah staffing availability. Avenir/GTR is a full service software development and support services company. As such our proposal includes the following Avenir/GTR next generation software tailored to meet the needs and requirements of the City of Ukiah: Financial Applications General Ledger Budget/Forecasting Project Accounting Grant Accounting Treasury/Investment Management Purchasing/Encumbrance Accounting/Receiving Accounts Payable Accounts Receivable Cash Receipts Fixed Assets Payroll/Personnel Applications Time Keeping Payroll Personnel Employee Self Service Land-Based Applications Parcel Management Business License Planning Permits Code Enforcement Utility Billing & Service Orders Other Applications Citizen Contacts Stores Inventory Infrastructure Inventory Maintenance Management/Work Orders Fleet Management Recreation and Parks Person/Entity Requirements Parking Permits and Parking Citation Management IT Service Offerings IT Support Needs Assessment Remote Hosting Web Design and Development Our next generation applications are designed for an open systems environment. To leverage the City's existing technology our proposal includes utilization of your IBM AS400 supplemented with an Intel based Application Server and our recommendation to utilize the Linux operating system. We have also proposed for your consideration either an on-site solution for your server requirements or a remote hosting solution. Avenir/GTR has the ability to support the IBM software and our software. We offer unbundled maintenance/support agreements for our software and are an IBM Business Partner. Although our staff is small, like our clients, we are highly cross-trained and since our focus is small to medium sized local governments and utilities our technical support staff understand the issues you face and are able to quickly understand your operations. Our proposed pricing does not follow the traditional models. We have provided estimated not to exceed fees for our JAD processes, which includes needs assessments, work flow diagramming, program coding and testing, conversions, implementation and training, several iterations of the software application as it is fully developed and the working application meeting the City's requirements, the first year of maintenance and support and our necessary travel expenditures. Our total proposed not to exceed pricing for a complete turnkey solution, including the JAD's and the recommended hardware is $583,935. This includes $137,500 for the financial applications, $55,000 for the payroll/personnel applications, $165,000 for the land-based applications, $165,000 for the other applications, $11,962 for hardware and $39,473 for sales taxes. Our proposed application prices and services include discounts ranging from twenty to fifty percent. Additionally, the pricing for the other applications is based upon JAD process involvement for these applications with other entities. We have aggressively priced our hourly rates for our training personnel ($100/hour) should additional training be necessary and a rate of $125/hour for additional project management services. Lastly, under separate cover we are forwarding to you a proposal for services to assist the City with the writing of an Information Technology Strategic Plan. Avenir/GTR provides our customers a Satisfaction Guarantee for a period of one year from date of base component product delivery to customer for each base component product delivered. Should you not be satisfied with the base component product (s) during the one -year period, Avenir/GTR will return to you the dollar amount paid for such base component product (s) that you are not satisfied with. As noted above we have eliminated the traditional maintenance and implementation costs associated with legacy systems. We eliminated the traditional maintenance costs by unbundling upgrade and enhancement fees and offering a lifetime warranty against software defects. All fees are based upon services actually provided, resulting in the total cost of ownership being dramatically reduced. We propose that the fees and services for continuing maintenance and support beyond year one be negotiated with the City as we each better understand the application requirements of the City. Like all small entities we are out to prove ourselves. We have enjoyed our relationship with your staff and community and very much desire to expand on it. We hope you'll give us the opportunity to do this and meet or exceed your requirements and expectations and develop a long-term relationship that will be mutually beneficial. Sincerely Avenir Syste~rns, LLC Tom Own~y, ~/ice President Government Technology Resources ITEM NO. lO ~ AGENDA SUMMARY DATE: October 16, 2002 REPORT SUBJECT: CONSIDERATION OF REQUEST TO MENDOCINO COUNTY BOARD OF SUPERVISORS FOR CITY OF UKIAH PARTICIPATION IN DISTRIBUTION OF COUNTY'S ALLOCATION OF STATE PARK BOND FUNDS Over the last two elections, state voters have passed two park improvement bond measures in Proposition 12 and most recently Proposition 40. Prop 40 will result in allocated park bond funding to the County of Mendocino in the amount of $1,200,000 and $220,000 to each city and recreation district within the County. In addition to these funds, the County received $323,000 form Prop 12 as compared to the City of Ukiah's allocation of $96,000. As the County does not currently fund park operations and provides no recreation facilities or programs, County residents living outside the City limits have become the majority users of the City's parks facilities and recreation programs. As development has proliferated in the unincorporated areas, which by all indicators will be the continuing trend, the impacts on the City's public facilities, programs and operational costs, and the ability to maintain service levels, have become increasingly more difficult. Sports programs, such as youth basketball, currently exceed 50% non-resident participation and have already reached the point of our inability to secure adequate facilities to meet demand. As a result, limitations on the number of participants in youth basketball will be required. (Continued on Page 2) RECOMMENDED ACTION: Authorize Mayor to sign and forward letter to the Board of Supervisors requesting participation in Mendocino County's distribution of its allocated park bond funds. Citizen Advised: Requested by: Prepared by: Coordinated with: Supervisor Attachments: 1. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine draft letter requires revision and approve as revised. 2. Determine approval of letter is inappropriate and do not move to approve. N/A City Manager Larry W. DeKnoblough, Community Services Director ~--F~ ~ Candace Horsley, City Manager and Sage Sangiacor~o, Community Services APPROVED.~~. Candace Horsley, Draft le~ '~ity'~anager Although the City of Ukiah will also receive allocated funds from the park bonds, the amount received by the City is less than 20% of that received by the County. The City of Ukiah, servicing a population approaching 40,000 residents, nearly half of the county's entire population, will receive only $220,000. By comparison with the other incorporated areas, the City of Willits and adjacent Brooktrails Community Services District, a combined population of 20,100, will receive $220,000 each for a total of $440,000. The Cities of Point Arena and Fort Bragg will receive $220,000 each and the overlapping Mendocino Coast Recreation District will receive an additional $220,000. This totals $660,000 for a combined coastal population of 20,600. These figures illustrate that while the City of Ukiah serves a population nearly equal to all these areas combined, we will receive only 1/5 of the funding. In response to the significant use of City facilities and programs by residents of the unincorporated areas, staff is proposing the Council request a portion of the County's $1,200,000 in allocated bond funds resulting from Prop 40. Attached for the Council's review is a draft letter to the Chairman of the Board submitting the City's request. Staff met with County Administrative staff to discuss this issue during the first round of bond funds. County staff expressed understanding of the City's position, however, at the time the Board of Supervisors had committed the Prop 12 bond funds to other county park improvement projects. The County has since initiated or completed several of those projects utilizing the full amount of bond funds resulting from the passage of Prop12. Funds received by the City from the County's allocation could be utilized for such projects as completing the renovation of Anton Stadium, rebuilding the group picnic areas in Todd Grove and Vinewood Parks, or renovating sports facilities such as the tennis courts at Nokomis Park or the outdoor basketball court at Vinewood Park. Without additional funding, the City's $220,000 will suffice only to complete the playground and Americans with Disabilities Act upgrades in the parks, but will be inadequate to fund any other much needed capital improvements. Based upon the increasing percentage of use of City facilities by residents of the unincorporated areas and its impact on operational costs, staff believes it is appropriate to request participation in the County's distribution of allocated bond funds. For these reasons staff is recommending approval of the letter to the Board of Supervisors submitting the City's request and authorization for the Mayors signature. LD/ZlP1 County Funds.Asr October 16, 2002 Board of Supervisors, County of Mendocino Attn: Honorable David Colfax, Chair 501 Low Gap Road Ukiah, CA 95482 Dear Mr. Chairman: This letter is to respectfully request the County of Mendocino's financial assistance and partnership in addressing the declining condition of the City of Ukiah's park and recreation facilities resulting from the significantly increasing demand for use by all of our residents. It is the City's understanding that the passage of Proposition 40 will result in the County of Mendocino receiving approximately 1.2 million dollars in allocated funds. In addition to these funds, the County is currently eligible, or may have already received, $323,000 in allocated funding from the previous State park bond issuance. This is a total of $1,523,000 available for park improvement projects within Mendocino County. In considering the distribution of its allocated bond funds, the County will undoubtedly receive several requests for financial assistance. The City of Ukiah requests that the Board factor into its consideration the existing distribution of funds by the State to other populated areas of Mendocino County. For example, both the City of Willits and Brooktrails Community Services District will receive $220,000 each for a total of $440,000 dedicated to a population of 20,100. Regarding the Coastal area, the Cities of Point Arena and Fort Bragg will receive $220,000 each and the Mendocino Coast Recreation District will receive an additional $220,000. This totals $660,000 for a combined population of 20,600. By comparison, the City of Ukiah, servicing a population approaching 40,000 residents will receive only $220,000. Although the City of Ukiah will also receive allocated funds from the park bonds, the amount received by the City is less than 21% of that received by the County. In comparison, the population of County residents in the Ukiah area, including the Ukiah Valley, Redwood Valley, Potter Valley, Talmage, and Hopland easily exceeds 50% of the County's total population. These residents, both within the City limits and without, regularly utilize City facilities and are significantly impacting maintenance needs. The City operates and maintains 10 community parks providing community open space, barbecues and picnic areas, tennis, basketball and bocci courts, horseshoe pits, and play areas for soccer and Little League baseball. The City provides regional recreation facilities in the form of the golf course, Anton Stadium, the only community swimming pool in the area, the Ukiah softball complex, and the Grace Hudson Museum and Sun House. Combined, these facilities equal approximately 130 acres of regional parkland, with annual operating expenditures exceeding $2,000,000. In response to increasing public demand, the City is currently bearing the sole responsibility for the development and operation of a regional skatepark. In addition, as no other entity offers community recreation and youth sports programs, the City of Ukiah is the sole provider of these services, of which the majority of users are non-residents of the City. Unfortunately, many of the City's facilities, which have a long history of open community use, are aging and are facing either major repair or closure. Both Anton Stadium and the community pool exceed 50 years in age and are in serious decay and will require major capital upgrades within the next few years. Playground equipment and fall zones in all park facilities are non-compliant with current standards and must be replaced. Although the City Council has dedicated the limited funds received by the City in the initial bond issue for playground upgrades, those funds will only scratch the surface. The City Council wishes to express its recognition of the County's needs as well and is not just requesting funds but rather proposing a partnership in which the City assists the County with design and contracting for acquisition and installation of facility upgrades and playground equipment. As the County does not currently staff or equip a parks operations division, City staff would assist the County with its expertise in park design, current safety code requirements, and maintenance. Such a partnership will allow City staff to assist the County in developing specifications for park improvements and coordinate with County staff for joint bidding of equipment and installation. This arrangement could significantly benefit our respective agencies by eliminating unnecessary duplication of effort and securing the best prices and availability of equipment through economy of scale. It has been several years since the last park bonds were issued and this type of funding was available through the State, and it is likely to be even longer before we see another round. For these reasons, it is paramount that these funds be utilized to serve the greatest number of our mutual constituents and that we seek every way possible to get the most for the available dollars. On behalf of the City Council, I look forward to your response and to working with the County to improve our community's park system. Sincerely, Phillip Ashiku Mayor, City Of Ukiah LDZIP1 ParkFunds.ltr AGENDA 1TEMI NO: lo, ~_ MEE'I'ZNG DATE: October 16, 2002 SUMMARY REPORT SUB3ECT: APPROVAL OF SEARCH FOR ANNEXAT'rON CONSULTANT The City Council approved $30,000 in Fund 699 to be held in reserve for an annexation consultant when it was determined professional expertise was needed to guide the Council regarding annexation issues. Staff is bringing this matter forward to the Council in view of several potential annexation discussions that will be coming to the City Council in the next 6-8 months. :In order to allow sufficient time for the search and selection of an appropriate consultant, staff is requesting Council's approval to proceed with the process to hire a consultant for professional advice and guidance in annexation issues. Upon approval, staff will contact several annexation consultant firms and return to the Council with a recommendation for award of contract. RECOMMENDED ACT]:ON: Direct staff to proceed with the search for an annexation consultant. ALTERNAT]:VE COUNC]:L POL]:CY OPT]:ONS: Determine consultant is not desired and provide direction to staff. r:.:itizens Advised' Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Candace Horsley, City Mlanager N/A None Approved: Candace H0rsle~, ~[~Mtanager AGENDA ITEM NO: 10 h MEETING DATE: October 16, 2002 SUMMARY REPORT SUB3ECT: REQUEST BY THE MARTZN LUTHER Ki'NG, 3R. DAY COMMZTTEE FOR CI'TY SPONSORSHt'P Staff was contacted by LeCretia Peoples, who has requested that the City once again help sponsor the Martin Luther King .lr. Day celebration events. The request from the committee includes: 1. Inclusion of the Martin Luther King .lr. Day January 19-20 Event announcement in the City of Ukiah finance billing statement. We could include this information in our Recreation Brochure that is released in early .lanuary. 2. Waiver of banner insurance and fee. 3. Use of Civic Center foyer for Martin Luther King .lr. essay/art exhibit project. 4. Use of City Council chambers on January 20th for essay/art presentation readings and expressions. 5. Proclamation from City Council proclaiming January 19-20 as Martin Luther King, .lr. Day Event. 6. Letter of support from the City supporting Martin Luther King, .lr. 2003, "Moving Beyond Tolerance by Enhancing the Innate Spirit of Human Kindness". This will be explained in more detail at the Council meeting. Items 2-5 have been provided annually in the form of sponsorship support from the City of Ukiah for at least seven years. A representative of the Martin Luther King, .lr. Committee will be in attendance to discuss their request with the City Council. RECOMMENDED ACTION: Approve requested support of Martin Luther King, Jr. Day 2003. ALTERNATTVE COUNCIL POLICY OPTTONS: Determine support at alternative level is appropriate and provide direction to committee. Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Martin Luther King, 3r. Day Committee Candace Horsley, City Manager N/A None Approved: C.~ndace Horsley, CI~'y Manager 4:CAN/ASR.MLK3r. 101602 AGENDA 1TEN NO: lo ± MEETING DATE: October :[6, 2002 S U I~1 I~1 A RY REPORT SUB.1ECT: DZSCUSSZON OF COUNCZL CODE OF ETHZCS POLZCY Mayor Phil Ashiku, at the October 2nd Council meeting, suggested that the City Council adopt a Code of Ethics Policy for elected officials. The City Council adopted procedures of conduct for the City Council meetings in 1976 and these procedures have been revised several times, the most recent revision being in .lune 2000. The procedures of conduct contain details regarding the meeting time and place, preparation and posting of agendas, powers and duties of the presiding officer, and rules of order for decorum, debate, and motions during the Council meeting. Mayor Ashiku has requested that in addition to the procedures of conduct, a Code of Ethics and Values be included in the adopted Council policy. Staff has attached for Council's information and discussion two such codes from the Cities of Sunnyvale and Santa Clara, California. The City of Sunnyvale has merged its rules of procedure with the code of ethics, whereas Santa Clara has separated its documents. The Sunnyvale policy contains rules of conduct for the Council in relation to each other, with City staff, the public, other public agencies, boards and commissions, and the media. These documents are provided to Council for discussion of: :[) which items the City Council would like to include in a Ukiah Code of Ethics, and 2) whether the Council would like to have a Code of Ethics document integrated with our current Rules of Procedure, or if they should be separate documents. Once Council has provided direction, staff will return at the next Council meeting with a draft policy for Council's review. RECOI~II~IENDED ACT:]:ON: Discuss and provide direction to Staff regarding a code of ethics policy. ALTERNATZVE COUNCZL POLZCY OPTZONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Mayor Ashiku Candace Horsley, City Manager N/A 1. City of Ukiah Procedures of Conduct 2. City of Sunnyvale Code of Conduct 3. City of Santa Clara Code of Ethics and Values Approved: tJ~__~. '~~, Candace Horsley, Ci~ Manager 4:CAN/ASR.codeofethics. 101602 ~ 1 PROCEDURES OF CONDUCT OF THE CITY COUNCIL MEETINGS FOR THE CITY OF UKIAH City of Ukiah 300 Seminary Avenue Ukiah, California 95482 Last revised: 3une 21, 2000 TABLE OF CONTENTS SECTION 1. CITY COUNCIL MEETINGS ......................................................................... Je Special Meetings/Time and Place/Notices ............................................................ .1. Open to the Public/Exception ........................................................................... 1. Closed Sessions/Disclosure of Information ............................................................ .1. SECTION 2. AGENDA2 Je Preparation and Postin~l of A~lendas ................................................................... 2. Order of Business ......................................................................................... 2. SECTION 3. COUNCIL CORRESPONDENCE .................................................................... 2 Availability to the Public ................................................................................ 2. Authority of the City Manager ........................................................................... 2. SECTION 4. PRESIDING OFFICER. .............................................................................. Powers and Duties ........................................................................................ 3. A. Participation ..................................................................................... B. Sisnin8 of Documents ............................................................................ 3. C. Sworn Testimony ................................................................................ D. Discussion of and Action on Asenda Items ................................................... SECTION 5. RULES OF ORDER ................................................................................. .4 III. Rules of Order/Failure to Observe ..................................................................... .4. Rules of Decorum ......................................................................................... .4. A. Councilmembers ................................................................................. .4. B. Employees ........................................................................................ .4. C. Persons Addressin~ the Council ................................................................ D. Members of the Audience ....................................................................... .4. E. Dangerous Instruments .......................................................................... F. Rules of Decorum/Enforcement ............................................................... Rules of Debate ........................................................................................... Ae B. C. D. E. F. G. Gettin~ the Floor ................................................................................ ~5. Questionin~ the Staff ............................................................................ 5. Interruptions ..................................................................................... Points of Order ................................................................................... _5. Points of Personal Privilege ..................................................................... 5. Privilege of Closin~ Debate ..................................................................... 5. Limitation of Debate ............................................................................. 5. SECTION 6. MOTIONS ............................................................................................ 5, I. After Motions are Made and Headn~s are Ctosed .................................................... ~ SECTION 7. VOTING PROCEDURE ............................................................................. .6 Je II. III. IV. V. VI. VII. Seatin~ Arrangement for Councit ....................................................................... 6. Question to be Stated ................................................................................... Registration of Votes ..................................................................................... Votin~ Procedures/Disquatification ..................................................................... 6. Faiture to Vote ............................................................................................ Tie Votes ................................................................................................... 7.. Chan~in~ Votes/Abstention .............................................................................. SECTION 8. RECONSIDERATION OF ACTIONS ................................................................ 7 SECTION 9. PUBLIC HEARINGS ................................................................................. .2' J. IV. V. VI. PubEc Headnss Defined ................................................................................. .Z. Submission of Documents ............................................................................... .Z. A. Time and Submission ............................................................................ 8. B. Manner of Submission ............................................................................ 8. Notice' of Hearin~ ......................................................................................... Viewin~ the Site ..........................................................................................9. Makin~ a Decision .......................................................................................... Conduct of PubJic Hearin~ .............................................................................. .9. A. Order of Proof .................................................................................... .cj. B. Time Limitations ................................................................................ .9. C. Manner ........................................................................................... D. Spokesmen for Groups of Persons ............................................................ 10 SECTION 10. ORDINANCES/RESOLUTIONS/CONTRACTS .................................................. '10 J. Motions .................................................................................................... ResoJutions ............................................................................................... 10 Ordinances ................................................................................................ A. Readin8 of Ordinances ......................................................................... .1.1 SECTION 11. MINUTES/PREPARATION AND CHANGES. .................................................... 1 1 J. Minutes/Request for DetaiJ ............................................................................ .1.1 Minutes/Readin~ ......................................................................................... ;I.1 Minutes/Entry of Statements .......................................................................... .1.1 Entry of Protests ......................................................................................... 1.1 SECTION 12. SPECIAL COMMITTEES ......................................................................... :1.1 4:Sec:Table.Cor~ PROCEDURES OF CONDUCT OF THE CITY COUNCIL MEETINGS FOR THE CITY OF UKIAH SECTION 1. CITY COUNCIL MEETINGS The Ukiah City Council meets regularly on the first and third Wednesday of each month at 6:30 p.m. The Council meetings are held at the Civic Center Council Chambers, located at 300 Seminary Avenue. Consolidated Resolution Nos. 76-45, 77-44, 87-41,87-45, 90-53, 97-57, and 00-46 setting forth procedural guidelines for the conduct of City Council meetings, are as follows: I. Special Meetings/Time and Place/Notices Special City Council meetings may be called at any time by the Mayor or by three (3) members of the Council by directing the City Clerk to deliver or mail a written notice to each Councilmember, to each local newspaper of general circulation, radio and television station requesting a notice in writing. Such notice shall be delivered personally or by mail at least twenty-four (24) hours before the time of such meeting, as set forth in the notice. The call and notice shall set forth the time and place of the special meeting, which may be at a time and place different from the regular meeting time or place, and the business to be transacted. A copy of the notice shall also be posted at or near the door to the City Hall Council Chambers. No other business shall be considered at such meetings. Such written notice may be dispensed with as to any Councilmember who, at or prior to the time the meeting convenes, files with the City Council a written waiver notice. Such waiver may be given by telegram. The written notice may also be dispensed with as to any Councilmember who is actually present at the meeting at the time it convenes. I1. Open to the Public/Exception All regular and special meetings of the Council shall be public; provided, however, the Council may hold closed sessions during a regular or special meeting, from which the public may be excluded in accordance with applicable provisions of state law, including the Ralph M. Brown Act (Government Code Sections 54950 et seq.). II1. Closed Sessions/Disclosure of Information No member of the Council, employee of the City, or any other person present during a closed session of the Council, shall disclose to any person the content or substance of any discussion which took place during such closed session unless the Council shall, by majority vote, authorize the disclosure of such information. SECTION 2. AGENDA I. Preparation and Posting of Agendas Except for documents or information prepared by City staff that is not available by 12:00 noon on Wednesday, but in the City Manager's judgment should be included with the agenda prior to its delivery to members of the City Council, all reports, communications, ordinances, resolutions, contract documents, or other matters to be submitted to the Council at a regular meeting, shall be delivered to the City Clerk no later than 12:00 noon on Wednesday, six (6) working days preceding the meeting. The City Clerk shall prepare the agenda of all such matters under the direction of the City Manager. The agenda and supporting documents shall be delivered to the members of the Council on the Friday preceding the Wednesday Council meeting to which the agenda pertains. The agenda itself shall be posted in a location freely accessible to the public at least 72 hours before each regular meeting or 24 hours before any special meeting of the City Council. The agenda must include a brief description of each item of business to be transacted or discussed at the meeting, as well as the time and location of the meeting. The City Manager shall review the items to be placed on the agenda and place those items which he or she believes to be of a routine non-controversial nature and are properly documented, on for adoption by a single motion. This item shall be the Consent Calendar, and it shall take the request of only one Councilmember to remove an item from the Consent Calendar. II. Order of Business The business of the Council and the order of its agenda shall be in such form, as the Council may from time to time adopt by resolution. SECTION 3. COUNCIL CORRESPONDENCE I. Availability to the Public Correspondence addressed to the Council and received by the City Clerk or any other officer or employee of the City, shall not become a public record until received and filed by the Council at a regular, special, or adjourned meeting of the Council. Correspondence shall not be read aloud at a Council meeting unless requested by a majority vote of the Council. I1. Authority of the City Manager The City Manager is hereby authorized to open and examine all mail or other written communications addressed to the City and to give them immediate attention to the end, that all administrative business referred to in such communications, and not necessarily requiring Council action, may by acted upon between Council meetings; provided, however, mail addressed to individual Councilmembers shall not be opened without the consent of the Councilmember. SECTION 4. PRESIDING OFFICER The mayor shall be the presiding officer at all meetings of the Council. In the absence of the Mayor, the Vice Mayor shall preside. In the absence of both the Mayor and Vice Mayor, the City Clerk shall call the Council to order, whereupon, a temporary presiding officer shall be elected by the Councilmembers present to serve until the arrival of the Mayor or Vice Mayor or until adjoumment. Wherever in this article the term Mayor is used, it shall apply equally to the presiding officer as set forth in this section. I. Powers and Duties A. Participation: The presiding officer may move, second, debate, and vote from the Chair. B. Co D, Signing of Documents: The presiding officer shall sign all ordinances, resolutions, contracts, and other documents necessitating his signature which were adopted in his presence, unless he is unavailable, in which case the signature of an alternate presiding officer may be used. Sworn Testimony: The presiding officer may require any person addressing the Council to be sworn as a witness and to testify under oath, and the presiding officer shall so require, if directed to do so, by a majority vote of the Council. Discussion of and Action on Agenda Items: Under rules, as shall be determined from time to time by the Mayor, the public shall be offered an opportunity to address at the meeting, any item included on the agenda. The City Council shall not take action on any item not appearing on the posted agenda unless: 1) a Council majority determines that an "emergency situation", as defined herein, exists; 2) the Council determines by a two-thirds (2/3) vote or by a unanimous vote if less than two-thirds (2/3) of the City Council are present, that a need to take immediate action on the item arose subsequent to the posting of the agenda; or 3) the item was included in a properly posted agenda for a prior meeting occurring not more than five (5) days prior to the meeting at which the action is taken and was continued to the meeting at which the action is taken. As used in this section "emergency" means an event which will cause a work stoppage, severely impairing public health or safety, or a crippling disaster severely impairing public health or safety. SECTION 5. RULES OF ORDER In the event of questions as to procedure not set forth in this article for Council meetings, the Chair shall be guided by the rules of general parliamentary procedure. I. Rules of Order/Failure to Observe Rules adopted to expedite the transaction of the business of the Council in an orderly fashion shall be deemed to be procedural only, and the failure to strictly observe such rules shall not affect the jurisdiction of the Council or invalidate any action taken at a meeting, which is otherwise held in conformity with law. II. Rules of Decorum A. Councilmembers: While the Council is in session, the members shall preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council, nor disturb any member while speaking, nor refuse to obey the orders of the presiding officer. Members of the Council shall not leave their seats during a meeting without first obtaining the permission of the presiding officer. B. Employees: Members of the City staff and employees shall observe the same rules of order and decorum as are applicable to the Council. However, members of the City staff and employees may leave their seats during a meeting without first obtaining the permission of the presiding officer. Co Persons Addressing the Council: Any person making impertinent, slanderous, or profane remarks, or who become boisterous while addressing the Council, shall be called to order by the presiding officer, and if such conduct continues, may, at the discretion of the presiding officer, be ordered barred from further attendance before the Council during that meeting. Do Members of the Audience: Any person in the audience who engages in disorderly conduct, such as clapping of the hands, stamping of the feet, whistling, using profane language, yelling, or similar demonstrations, which disturbs the peace and good order of the meeting, or who refuses to comply with the lawful orders of the presiding officer, is guilty of a misdemeanor under the provisions of State law, and, upon instructions from the presiding officer, it shall be the duty of the sergeant at arms to remove such person from the Council Chamber and to place him under arrest. Eo Dangerous Instruments: No person may enter the chambers of a legislative body, as defined in Section 54852 of the Govemment Code of the State, or any place where such legislative body is in session, with any firearm, weapon, or explosive device of any nature. The provisions of this section shall not apply to authorized peace officers or to those persons authorized by the Penal Code of the State to carry such weapons. F, Rules of Decorum/Enforcement: The Chief of Police, or such members of the Police Department as the Chief of Police may designate, shall be sergeants at arms of the Council and shall carry out all orders given by the presiding officer for the purpose of maintaining order and decorum at Council meetings. Any Councilmember may move to require the presiding officer to enforce the rules, and the affirmative vote of a majority of the Council shall require him to do so. Iii. Rules of Debate Ao Getting the Floor: Every Councilmember desiring to speak at a Council meeting shall first address the Chair, gain recognition by the presiding officer, and confine himself to the question under debate, avoiding personalities and indecorous language. B. Questioning the Staff: Every Councilmember desiring to question the City Staff shall, after recognition by the presiding officer, address his questions to City staff. Co Interruptions: A Councilmember, once recognized, shall not be interrupted when speaking unless called to order by the presiding officer, a point of order or personal privilege is raised by another Councilmember, or unless the speaker chooses to yield to a question by another Councilmember. If a Councilmember is called to order while speaking, he shall cease speaking until the question of order is determined to be in order, then he may proceed. Members of the City Staff, after recognition by the presiding officer, shall hold the floor until the completion of their remarks or until recognition is withdrawn by the presiding officer. D, Points of Order: The presiding officer shall determine all points of order, subject to the right of any Councilmember to appeal to the Council. If an appeal is taken, the question shall be, "Shall the decision of the presiding officer be sustained"? A majority vote shall conclusively determine such question of order. E. Points of Personal Privilege: The right of a Councilmember to address the Council on a question of personal privilege shall be limited to cases in which his integrity, character, or motives are questioned or where the welfare of the Council is concerned. A Councilmember raising a point of personal privilege may interrupt another Councilmember who has the floor only if the presiding officer recognizes the privilege. F. Privilege of Closing Debate: The Councilmember moving the adoption of an ordinance, resolution, or motion shall have the privilege of closing debate. Go Limitation of Debate: No Councilmember shall be permitted to speak more than once on any particular subject until every other Councilmember desiring to do so shall have spoken. SECTION 6. MOTIONS A motion by any member of the Council, including the presiding officer, may not be considered by the Council without receiving a second. I. After Motions are Made and Hearings are Closed After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first securing permission to do so by a majority vote of the Council. SECTION 7. VOTING PROCEDURE I. Seating Arrangement for Council The Mayor shall sit in the center chair of the Council; the next senior Councilmember (and if there is more than one of the same seniority, then by highest vote count at that election) shall sit alternately on the left and right of the Mayor. I!. Question to be Stated ill. Upon moving the question, the presiding officer shall call for the vote which shall be taken first from the least senior member then moving by seniority rank to the most senior member, with Mayor voting last. Registration of Votes Any vote of the Council, including a roll call vote, may be registered by the members by answering "aye"for an affirmative vote or "no"for a negative vote upon the name of the Councilmember. IV. Voting Procedure/Disqualification Any Councilmember who is disqualified from voting on a particular matter by reason of a conflict of interest, shall publicly state, or have the presiding officer state, the nature of such disqualification in open meeting. A Councilmember who is disqualified by reason of a conflict of interest in any matter, shall not remain in his seat during the debate and vote on such matter, but shall request and be given the permission of the presiding officer to step down from the Council table and leave the Council Chamber. A Councilmember stating such disqualification shall not be counted as a part of a quorum, and shall be considered absent for the purpose of determining the outcome of any vote on such matter. V. Failure to Vote Councilmembers present at a City Council meeting shall vote unless disqualified by reason of a conflict of interest or where the Councilmember in good faith believes that he or she should not vote on a measure for good cause, such as, but not limited to, not having attended a prior meeting essential to an informed vote on the measure. A failure to vote or an abstention shall not be counted. A measure shall pass only if it receives "aye" votes from a majority of the Councilmembers present at the meeting, 6 VI. provided a quorum is established. Councilmembers abstaining shall be counted in determining whether a quorum is present. Tie Votes VII. Tie votes shall be lost motions and may be reconsidered. Changing Votes/Abstention A Councilmember may change his vote only if he makes a timely request to do so immediately following the announcement of the vote by the City Clerk and prior to the time the next item in the order of business is taken up. A Councilmember who publicly announces he is abstaining from voting on a particular matter shall not subsequently be allowed to withdraw his abstention. SECTION 8. RECONSIDERATION OF ACTIONS A motion to reconsider any action taken by the Council may be made only on the day such action was taken. It may be made either immediately during the same session or at recessed or adjourned session thereof. Such motion may be made only by one of the Councilmembers who voted with the prevailing side. The provision of this section shall not be construed to prevent any Councilmember from making or remaking the same or any other motion at a subsequent meeting of the Council. SECTION 9. PUBLIC HEARINGS I. Public Hearing Defined A public hearing is any hearing which is publicly noticed by publication in a newspaper of general circulation, posting on affected property, or mailing to affected parties. Generally, public hearings can be classified as quasi-judicial or quasi-legislative. The following is a general summary description of quasi-judicial and legislative hearings. The discussion is not intended to change the general Califomia law governing this subject. Generally, a quasi-judicial decision is any decision affecting one, or a limited number of individual applicants, in which the City Council is legally required to make its decision based on the evidence presented during the hearing. Examples of such hearings include appeals from land use decisions by the Planning Commission, such as those concerning use permits, variances, and site development permits. Generally, a quasi-legislative decision generally is a decision to make or amend rules affecting a whole class or large number of persons. The City Council is required to seriously consider evidence presented during quasi-legislative hearings, but it is not legally required to base its decision exclusively on the evidence presented. Examples of quasi-legislative decisions include the adoption or amendment of zoning ordinances, 7 general plan amendments, and other ordinances. II. Submission of Documents In order to give adequate consideration to written documents, the following rules shall apply: Ao Time and Submission: Any written document, whether containing factual information or legal or policy arguments exceeding 250 words, must be submitted to the City Clerk six (6) calendar days prior to the scheduled hearing date. Photographs or other graphic depictions may be filed at the hearing. 1. If the submission deadline falls on a legal holiday or weekend, the document must be submitted the last working day prior to the submission deadline. . The City Council shall exclude from the record and not consider any document submitted after the submission deadline, unless upon a motion by a Councilmember, a majority of the Councilmembers present at the hearing vote to consider the document. A decision to consider a document not timely filed shall be considered automatic grounds to continue the hearing, although a continuance shall require a specific motion adopted by a majority of the Councilmembers present at the meeting. S. Manner of Submission: All documents must be presented to the City Clerk for consideration at the hearing. No documents presented to the individual Councilmembers prior to the hearing shall be considered as part of the hearing record. 1. To be considered, an original and seven (7) copies must be filed with the City Clerk. , Upon receipt, the City Clerk shall date stamp as received the original and all copies. Upon request, the City Clerk will furnish the proponent of the document with a date stamped copy. The City Clerk shall immediately distribute copies of the submitted documents to the individual Councilmembers, the City Manager, and the City Attomey. The City Clerk shall retain the original and include it in the hearing record, which the City Clerk shall compile and maintain. III. Notice of Hearing Any notice of a public hearing shall include a statement that anyone wishing the City Council to consider a document exceeding 250 words must submit the original document and seven (7) legible copies to the City Clerk not less than six (6) calendar days prior to the scheduled meeting date. 8 IV. Viewing the Site In Quasi-Judicial hearings involving specific property, it shall be the duty of all Councilmembers to view the site prior to the hearing. At the beginning of the hearing the Mayor shall poll the Councilmembers to establish, on the record, whether they have viewed the site. If any Councilmember indicates that he or she has not viewed the site, the hearing shall be continued to the next regular meeting date. In viewing the site, no Councilmember shall have any discussion with project proponents or opponents. In quasi-legislative public hearings involving specific property, any Councilmember may, but are not required to, view the site. In such hearings, Councilmembers may, but are not required to, reveal on the record whether they have viewed the site. V. Making a Decision In quasi-judicial hearings, the City Council shall base its decision exclusively on the record, including documents submitted in accordance with this rule and testimony and oral argument presented during the hearing. Any motion deciding the matter shall include sufficient findings of fact to inform the parties of the basis on which the City Council made its decisions, and to determine whether the decision is based on lawful principles. Where possible, the staff report to the City Council shall include proposed findings for the City Council consideration. In quasi-legislative hearings, the City Council shall seriously consider all documents submitted in compliance with this rule and testimony and oral argument presented during the hearing. The motion deciding the matter need not include specific findings of fact. The decision shall comply with any specific legal requirements applicable to the particular matter. VI. Conduct of Public Hearing As presiding officer, the Mayor shall conduct the hearing to promote an orderly presentation of the evidence by all parties. Subject to the following guidelines, the Mayor shall use his or her discretion in presiding over the hearing. Ao Order of Proof: Generally, all those supporting an application or measure shall present their evidence and argument first. Those opposing the application or measure shall present their evidence and argument second. Those supporting the measure shall be allowed some additional time for rebuttal. If during the rebuttal project proponents present new argument or evidence, project opponents shall be allowed some additional time to rebut that new matter. B. Time Limitations: The Mayor may impose time limitations on all those wishing to present evidence or argument. The Mayor may prevent the presentation of 9 Co D. irrelevant, repetitive, or cumulative testimony or argument. Manner: Each person desiring to address the Council shall step up to the microphone reserved for that purpose, state his name and address for the record, state the subject he wishes to discuss, state whom he is representing, if he represents an organization or other persons, and unless further time is granted by a majority vote of the Council, shall limit his remarks to five (5) minutes, All remarks shall be addressed to the Council as a whole and not to any member thereof. No question shall be directed to a Councilmember or a member of the City staff without the permission of the presiding officer. Spokesmen for Groups of Persons: In order to expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address the Council on the same subject matter, it shall be proper for the presiding officer to request that a spokesman be chosen by the group to address the Council, and in the event additional matters are to be presented by any other member of such group, to limit the number of such persons addressing the Council. SECTION 10. ORDINANCES/RESOLUTIONS/CONTRACTS Official actions of the Council shall be in the form of motions, resolutions, and ordinances. I. Motions Motions shall be used to express decisions of the Council on routine questions or matters of temporary importance, or to give instructions to the staff and shall be moved, seconded, and adopted by a voice vote unless a roll call is requested by a Councilmember. I1. Resolutions Resolutions shall be used to express decisions of the Council of a permanent or lasting nature and shall be introduced, seconded, and adopted by a roll call vote. Resolutions may be used to transfer appropriate funds within the budget or to appropriate funds. III. Ordinances Ordinances shall be used to adopt formal policy, in the exercise of the police power, and in other instances required by law. The manner of introduction and adoption shall be as provided, as stated in the Resolution section above. 10 A. Reading of Ordinances: At the time of the second reading of an ordinance, it shall be read in full, unless after the reading of the title thereof, the further reading thereof is waived by the unanimous consent of all the Councilmembers present. The waiver of the reading of such ordinance shall be accomplished by regular motion adopted by a unanimous vote of the Councilmembers present. SECTION 11. MINUTES/PREPARATION AND CHANGES The City Clerk shall have the exclusive responsibility for the preparation of the minutes of Council meetings, and any directions for changes in the minutes shall be made only by a majority action of the Council. I. Minutes/Request for Detail During a Council meeting any Council member may request the City Clerk to include in the minutes for that meeting a verbatim transcript of any portion of the meeting designated by the Council member. If so requested, the City Clerk shall include the verbatim transcript of such segment in the draft minutes presented to the City Council for approval, unless the request is rejected by a majority vote of the City Council. I1. Minutes/Reading Unless the reading of the minutes of a Council meeting is ordered by a majority vote of the Council, such minutes may be approved without reading, if the City Clerk has previously furnished each Councilmember with a copy. III. Minutes/Entry of Statements A Councilmember may request through the presiding officer of a Council meeting, the privilege of having an abstract of the statement of such Councilmember on any subject under consideration by the Council entered in the minutes. If the Council consents thereto, such statement shall be inserted in the minutes. IV. Entry of Protests Any Councilmember shall have the right to have the reasons for his dissent from, or his protest against, any action of the Council entered in the minutes, and shall be made in the following manner: "i would like the minutes to show that I am opposed to this action for the following reasons..." SECTION 12. SPECIAL COMMITTEES All special Council committees shall be appointed by the presiding officer with a majority 11 consent of the Council. Such committees shall be temporary in tenure and shall automatically be discharged upon the completion of their charge, or upon an order of the presiding officer or majority of the Council. 4:CC:PROCEDUR.cc Rev:600 CITY OF SUNNYVALE CODE OF CONDUCT FOR ELECTED OFFICIALS Prepared by Council Protocol Subcommittee Jack Walker, Chair Jim Roberts, Member Fred Fowler, Member City of Sunnyvale Code of Conduct for Elected Officials "Conduct is three-fourths of our life and its largest concern." -- Matthew Arnold The Three Rs of Sunnyvale Government Leadership: http ://www.ci.sunnyvale.ca.us/city-council/conduct.htm 10/1/02 Code of Conduct Page 2 of 16 Roles, Responsibilities and Respect The City Charter provides detailed information on the roles and responsibilities of Councilmembers, the Vice Mayor, and the Mayor. The City's Code of Ethics provides guidance on ethical issues and questions of right and wrong. Until now, what has not been clearly written down is a Code of Conduct for Sunnyvale's elected officials. This Code of Conduct is designed to describe the manner in which Councilmembers should treat one another, city staff, constituents, and others they come into contact with in representing the City of Sunnyvale. It reflects the work of a Council Policy and Protocol Subcommittee that was charged with defining more clearly the behavior, manners, and courtesies that are suitable for various occasions. The Subcommittee also considered a wide variety of policy changes and clarifications designed to make public meetings and the process of governance run more smoothly. The contents of this Code of Conduct includes: · ~Oyervi~.ofR01es_~ Rg...s..p_9_n_._.,s'.i.._b.i!j.[j.~.~ .... · Policies & Protocol Related to Conduct · Council Conduct with One Another · Council Conduct with The Public · Council .C0nduc[ ~i~;h. Othe!: public · Council Conduct with Boards and Comnfissions · Council Conduct with The Media · Sanctions · Po.r!g.ipl. c.s .of .Prpp_e..r..g.p.o.~!u.g.t... · G!.p.~s0ry.gf.Terms. Pages 2-3 4-5 6-7 8-9 10-11 12 13-14 15 16 17 18 19 The constant and consistent theme through all of the conduct guidelines is "respect." Councilmembers experience huge workloads and tremendous stress in making decisions that could impact thousands of lives. Despite these pressures, elected officials are called upon to exhibit appropriate behavior at all times. Demonstrating respect for each individual through words and actions is the touchstone that can help guide Councilmembers to do the right thing in even the most difficult situations. Back to Table of Contents Overview of Roles & Responsibilities "Leadership is an action, not a word." -- Richard Cooley Other resources that are helpful in defining the roles and responsibilities of elected officials can be found in the Sunnyvale City Charter and in the Leadership Guide for Mayors and Councilmembers http://www.ci.sunnyvale.ca.us/city-council/conduct.htm 10/1/02 published by the League of California Cities. MAYOR o Serves at the pleasure of the Council (Sunnyvale City Charter, Section 605) · Acts as the official head of the City for all ceremonial purposes (Sunnyvale City Charter, Section 605) · Chairs Council meetings (Sunnyvale City Charter, Section 605) · Calls for special meetings (Sunnyvale City Charter, Section 609) · Recognized as spokesperson for the City · Selects substitute for City representation when Mayor cannot attend · Makes judgment calls on proclamations, Special Orders of the Day, etc. · Recommends subcommittees as appropriate for Council approval · Serves as the liaison between the Council and the City Manager and City Attorney in regards to employee relations · Leads the Council into an effective, cohesive working team · Signs documents on behalf of the City · Serves as official delegate of the City to the U.S. Conference of Mayors and other events and conferences VICE MAYOR · Serves at the pleasure of the Council (Sunnyvale City Charter, Section 606) · Performs the duties of the Mayor if the Mayor is absent or disabled (Sunnyvale City Charter, Section 606) · Chairs Council meetings at the request of the Mayor · Represents the City at ceremonial functions at the request of the Mayor · Reports closed session actions at public Council meetings · Moves for Makes routine motion on consent items on the City Council ALL COUNCILMEMBERS All members of the City Council, including those serving as Mayor and Vice Mayor, have equal votes. No Councilmember has more power than any other Councilmember, and all should be treated with equal respect. All Councilmembers should: · Fully participate in City Council meetings and other public forums while demonstrating respect, kindness, consideration, and courtesy to others · Prepare in advance of Council meetings and be familiar with issues on the agenda · Represent the City at ceremonial functions at the request of the Mayor · Place activities and events on the Council's weekly activities calendar that invite official participation of all Councilmembers. A list of the activities of individual Councilmembers may also be submitted for public record at the option of the Councilmember · Be respectful of other people's time. Stay focused and act efficiently during public meetings. · Serve as a model of leadership and civility to the community · Inspire public confidence in Sunnyvale government http ://www. ci. sunnyvale, ca. us/city-counci 1/conduct.htm 10/1/02 Code of Conduct Page 4 of 16 · Provide contact information with the Council Executive Assistant in case an emergency or urgent situation arises while the Councilmember is out of town · Demonstrate honesty and integrity in every action and statement · Participate in scheduled activities to increase team effectiveness and review Council procedures, such as this Code of Conduct MEETING CHAIR The Mayor will chair official meetings of the City Council, unless the Vice Mayor or another Councilmember is designated as Chair of a specific meeting. · Maintains order, decorum, and the fair and equitable treatment of all speakers · Keeps discussion and questions focused on specific agenda item under consideration · Makes parliamentary rulings with advice, if requested, from the City Attorney who acts as an advisory parliamentarian. Chair rulings may be overturned if a Councilmember makes a motion as an individual and the majority of the Council votes to overrule the Chair. FORMER COUNCILMEMBERS Past members of the City Council who speak to the current City Council about a pending issue should disclose who they are speaking on behalf of (individual or organization). Back to Table of Contents Policies & Protocol Related To Conduct "Wherever there is a human being, there is an opportunity for kindness." -- Seneca Ceremonial Events Requests for a City representative at ceremonial events will be handled by City staff. The Mayor will serve as the designated City representative. If the Mayor is unavailable, then City staff will determine if event organizers would like another representative from the Council. If yes, then the Mayor will recommend which Councilmember should be asked to serve as a substitute. Invitations received at City Hall are presumed to be for official City representation. Invitations addressed to Councilmembers at their homes are presumed to be for unofficial, personal consideration. Correspondence Signatures Councilmembers do not need to acknowledge the receipt of correspondence, or copies of correspondence, during Council meetings. City staff will prepare official letters in response to public inquiries and concerns. These letters will carry the signature of the Mayor unless the Mayor requests that they be signed by another Councilmember or City staff. If correspondence is addressed only to one Councilmember, that Councilmember should check with staff on the best way to respond to the sender. Endorsement of Candidates http://www, ci. sunnyvale, ca.us/city-council/conduct.htm 10/1/02 Code of Conduct Page 5 of 16 Councilmembers have the right to endorse candidates for all Council seats or other elected offices. It is inappropriate to mention endorsements during Council meetings or other official City meetings. Intergovernmental Relations The Council will hold a quarterly meeting on intergovernmental relations (IGR) to assign specific Councilmembers to take a leadership role on new issues and to hear updates on pending issues. A Chair for each Council Subcommittee should be selected at the first meeting of the Subcommittee after the IGR assignments are made. Legislative Process The City of Sunnyvale uses the Planning and Management System (PAMS) as a guideline for its legislative process. Details of the PAMS system may be found in City manuals. The City uses parliamentary procedure for meeting management. Non-agenda Items During a designated period of the agenda, citizens, Councilmembers and staff may bring forth issues or questions that are not on the meeting's agenda. Topics should be legislative items requiring action by the Mayor or the Council, study issues for future consideration, and requests for information. Each speaker, citizen or elected official, will be limited to five minutes. Public Announcements in Council Meetings Councilmembers who want to speak first during the Public Announcement portion of the Council meeting should notify the Chair in advance. Otherwise, Councilmembers will be recognized when the Chair notices the light signal. Councilmembers, like members of the public who use this portion of the agenda to recognize achievements or promote an event, will be limited to three minutes each, and should keep the focus on matters of community-wide interest. Public Meeting Hearing Protocol The applicant or appellant shall have the right to speak first. The Chair will determine the length of time allowed for this presentation. Speakers representing either pro or con points of view will be allowed to follow. The Chair will determine how much time will be allowed for each speaker, with 3 to 5 minutes the standard time granted. The applicant or appellant will be allowed to make closing comments. The Chair has the responsibility to run an efficient public meeting and has the discretion to modify the public hearing process in order to make the meeting run smoothly. Councilmembers will not express opinions during the public hearing portion of the meeting except to ask pertinent questions of the speaker or staff. "I think" and "I feel" comments by Councilmembers are not appropriate until after the close of the public hearing. Councilmembers should refrain from arguing or debating with the public during a public hearing and shall always show respect for different points of view. Main motions may be followed by amendments, followed by substitute motions. Any Councilmember can call for a point of order. Only Councilmembers who voted on the prevailing side may make motions to reconsider. Councilmembers who desire to make the first motion on issues which they feel strongly about should discuss their intention with the Chair in advance of the Council meeting. Travel Expenses The policies and procedures related to the reimbursement of travel expenses for official City business by Councilmembers are outlined in Council Policy 7.3.12. All Council travel in excess of the allowed http ://www.ci.sunnyvale.ca.us/city-council/conduct.htm 10/1/02 Code of Conduct Page 6 of 16 budget, in which the Councilmember expects to officially represent the City and/or be reimbursed by the City for travel costs, must be approved in advance by the Council. The travel policy and budget for Council should be reviewed at each two-year budget cycle. Back to Table of Contents Council Conduct with One Another "In life, courtesy and self-possession, and in the arts, style, are the sensible impressions of the free mind, for both arise out of a deliberate shaping of ali things and from never being swept away, whatever the emotion, into confusion or dullness." -- William Butler Yeats Councils are composed of individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to preserve and protect the present and the future of the community. In all cases, this common goal should be acknowledged even as Council may "agree to disagree" on contentious issues. IN PUBLIC MEETINGS · Use formal titles The Council should refer to one another formally during public meetings as Mayor, Vice Mayor or Councilmember followed by the individual's last name. · Practice civility and decorum in discussions and debate Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of a free democracy in action. This does not allow, however, Councilmembers to make belligerent, personal, impertinent, slanderous, threatening, abusive, or disparaging comments. No shouting or physical actions that could be construed as threatening will be tolerated. · Honor the role of the Chair in maintaining order It is the responsibility of the Chair to keep the comments of Councilmembers on track during public meetings. Councilmembers should honor efforts by the Chair to focus discussion on current agenda items. If there is disagreement about the agenda or the Chair's actions, those objections should be voiced politely and with reason, following procedures outlined in parliamentary procedure. · Avoid personal comments that could offend other Councilmembers If a Councilmember is personally offended by the remarks of another Councilmember, the offended Councilmember should make notes of the actual words used and call for a "point of personal privilege" that challenges the other Councilmmnber to justify or apologize for the language used. The Chair will maintain control of this discussion. · Demonstrate effective problem-solving approaches Councilmembers have a public stage to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole. http://www.ci.sunnyvale.ca.us/city-council/conduct.htm 10/1/02 Coc. e o:'7 Cond. uct Page 7 of 16 IN PRIVATE ENCOUNTERS · Continue respectful behavior in private The same level of respect and consideration of differing points of view that is deemed appropriate for public discussions should be maintained in private conversations. · Be aware of the insecurity of written notes, voicemail messages, and e-mail Technology allows words written or said without much forethought to be distributed wide and far. Would you feel comfortable to have this note faxed to others? How would you feel if this voicemail message was played on a speaker phone in a full office? What would happen if this e-mail message was forwarded to others? Written notes, voicemail messages and e-mail should be treated as potentially "public" communication. · Even private conversations can have a public presence Elected officials are always on display - their actions, mannerisms, and language are monitored by people around them that they may not know. Lunch table conversations will be eavesdropped upon, parking lot debates will be watched, and casual comments between individuals before and after public meetings noted. Boc.k..ip...Tab!c....of...Cpn Council Conduct with City Staff "Never let a problem become an excuse." -- Robert Schuller Governance of a City relies on the cooperative efforts of elected officials, who set policy, and City staff, who implement and administer the Council's policies. Therefore, every effort should be made to be cooperative and show mutual respect for the contributions made by each individual for the good of the community. · Treat all staff as professionals Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. Poor behavior towards staff is not acceptable. · Limit contact to specific City staff Questions of City staff and/or requests for additional background information should be directed only to the City Manager, City Attorney, Assistant City Manager, or Department Heads. The Office of the City Manager should be copied on any request, except those to the City Attorney. Requests for follow-up or directions to staff should be made only through the City Manager or the City Attorney when appropriate. When in doubt about what staff contact is appropriate, Councilmembers should ask the City Manger for direction. Materials supplied to a Councilmember in response to a request will be made available to all members of the Council so that all have equal access to information. http ://www. ci. sunnyvale, ca. us/city-council/conduct.htm 10/1/02 Code of Conduct Page 8 of 16 , · Do not disrupt City staff from their jobs Councilmembers should not disrupt City staff while they are in meetings, on the phone, or engrossed in performing their job functions in order to have their individual needs met. · Never publicly criticize an individual employee Council should never express concerns about the performance of a City employee in public, to the employee directly, or to the employee's manager. Comments about staff performance should only be made to the City Manager through private correspondence or conversation. Comments about staff in the office of the City Attorney should be made directly to the City Attorney. · Do not get involved in administrative functions Councilmembers must not attempt to influence City staff on the making of appointments, awarding of contracts, selecting of consultants, processing of development applications, or granting of City licenses and permits. [See Code of Ethics] The Sunnyvale City Charter, Section 807, also contains information about the prohibition of Council interference in administrative functions. · Check with City staff on correspondence before taking action Before sending correspondence, Councilmembers should check with City staff to see if an official City response has already been sent or is in progress. · Do not attend meetings with City staff unless requested by staff. Even if the Councilmember does not say anything, the Councilmember's presence implies support, shows partiality, intimidates staff, and hampers staff's ability to do their job objectively. · Limit requests for staff support Routine secretarial support will be provided to all Councilmembers. All mail for Councilmembers is opened by the Council Executive Assistant, unless other arrangements are requested by a Councilmember. Mail addressed to the Mayor is reviewed first by the City Manager who notes suggested action and/or follow-up items. Requests for additional staff support - even in high priority or emergency situations -- should be made to the City Manager who is responsible for allocating City resources in order to maintain a professional, well-run City government. · Do not solicit political support from staff Councilmembers should not solicit any type of political support (financial contributions, display of posters or lawn signs, name on support list, etc.) from City staff. City staff may, as private citizens with constitutional rights, support political candidates but all such activities must be done away from the workplace. Back to Table of Contents Council Conduct with The Public "If a man be gracious and courteous to strangers, it shows he is a citizen of the world, and that his heart is no island cut off from other lands, but a continent that joins to them." http ://www.ci.sunnyvale.ca.us/city-council/conduct.htm 10/1/02 Code of Conduct Page 9 of 16 · -- Francis Bacon IN PUBLIC MEETINGS Making the public feel welcome is an important part of the democratic process. No signs of partiality, prejudice or disrespect should be evident on the part of individual Councilmembers toward an individual participating in a public forum. Every effort should be made to be fair and impartial in listening to public testimony. · Be welcoming to speakers and treat them with care and gentleness "I give many public presentations so standing up in front of a group and using a microphone is not new to me. But I found that speaking in front of Council was an entirely different experience. I was incredibly nervous and my voice was shaking. I think the reason was because the issue was so personal to me. The Council was going to take a vote that would affect my family's daily life and my home. I was feeling a lot of emotion. The way that Council treats people during public hearings can do a lot to make them relax or to push their emotions to a higher level of intensity." · Be fair and equitable in allocating public hearing time to individual speakers "The first thing the Mayor said to me was to be brief because the meeting was running late and the Council was eager to go home. That shouldn't be my problem. I'm sorry my item was at the end of the agenda and that there were a lot of speakers, but it is critically important to me and I should be allowed to say what I have to say and believe that the Council is listening to me." The Chair will determine and announce limits on speakers at the start of the public hearing process. Generally, each speaker will be allocated five-minutes with applicants and appellants or their designated representatives allowed more time. If many speakers are anticipated, the Chair may shorten the time limit and/or ask speakers to limit themselves to new information and points of view not already covered by previous speakers. No speaker will be turned away unless he or she exhibits inappropriate behavior. Each speaker may only speak once during the public hearing unless the Council requests additional clarification later in the process. After the close of the public hearing, no more public testimony will be accepted unless the Chair reopens the public hearing for a limited and specific purpose. · Give the appearance of active listening It is disconcerting to speakers to have Councilmembers not look at them when they are speaking. It is fine to look down at documents or to make notes, but reading for a long period of time gazing around the room gives the appearance of disinterest. Be aware of facial expressions, especially those that could be interpreted as "smirking," disbelief, anger or boredom. · Ask for clarification, but avoid debate and argument with the public Only the Chair - not individual Councilmembers -- can interrupt a speaker during a presentation. However, a Councilmember can ask the Chair for a point of order if the speaker is off the topic or exhibiting behavior or language the Councilmember finds disturbing. If speakers become flustered or defensive by Council questions, it is the responsibility of the Chair to http://www.ci.sunnyvale.ca.us/city-council/conduct.htm 10/1/02 Code of Conduct Page 10 of 16 calm and focus the speaker and to maintain the order and decorum of the meeting. Questions by Councilmembers to members of the public testifying should seek to clarify or expand information. It is never appropriate to belligerently challenge or belittle the speaker. Councilmembers' personal opinions or inclinations about upcoming votes should not be revealed until after the public hearing is closed. · No personal attacks of any kind, under any circumstance Councilmembers should be aware that their body language and tone of voice, as well as the words they use, can appear to be intimidating or aggressive. · Follow parliamentary procedure in conducting public meetings The City Attorney serves as advisory parliamentarian for the City and is available to answer questions or interpret situations according to parliamentary procedures. Final rulings on parliamentary procedure are made by the Chair, subject to the appeal of the full Council.. IN UNOFFICIAL SETTINGS · Make no promises on behalf of the Council Councilmembers will frequently be asked to explain a Council action or to give their opinion about an issue as they meet and talk with constituents in the community. It is appropriate to give a brief overview of City policy and to refer to City staff for further information. It is inappropriate to overtly or implicitly promise Council action, or to promise City staff will do something specific (fix a pothole, remove a library book, plant new flowers in the median, etc.). · Make no personal comments about other Councilmembers It is acceptable to publicly disagree about an issue, but it is unacceptable to make derogatory comments about other Councilmembers, their opinions and actions. · Remember that despite its impressive population figures, Sunnyvale is a small town at heart Councilmembers are constantly being observed by the community every day that they serve in office. Their behaviors and comments serve as models for proper deportment in the City of Sunnyvale. Honesty and respect for the dignity of each individual should be reflected in every word and action taken by Councilmembers, 24 hours a day, seven days a week. It is a serious and continuous responsibility. Back to Table of Contents Council Conduct with Other Public Agencies "Always do right. This will gratify some people and astonish the rest." -- Mark Twain · Be clear about representing the city or personal interests http ://www. ci. sunnyvale, ca.us/city-counci 1/conduct. htm 10/1/02 Code of Conduct .¢age .... o:: .. o If a Councilmember appears before another governmental agency or organization to give a statement on an issue, the Councilmember must clearly state: 1) if his or her statement reflects personal opinion or is the official stance of the City; 2) whether this is the majority or minority opinion of the Council. If the Councilmember is representing the City, the Councilmember must support and advocate the official City position on an issue, not a personal viewpoint. If the Councilmember is representing another organization whose position is different from the City, the Councilmember should withdraw from voting on the issue if it significantly impacts or is detrimental to the City's interest. Councilmembers should be clear about which organizations they represent and inform the Mayor and Council of their involvement. · Correspondence also should be equally clear about representation City letterhead may be used when the Councilmember is representing the City and the City's official position. A copy of official correspondence should be given to the Council Executive Assistant to be filed in the Council Office as part of the permanent public record. It is best that City letterhead not be used for correspondence of Councilmembers representing a personal point of view, or a dissenting point of view from an official Council position. However, should Councilmembers use City letterhead to express a personal opinion, the official City position must be stated clearly so the reader understands the difference between the official City position and the minor viewpoint of the Councilmember. Back. to..T b!e..of Contents Council Conduct With Boards and Commissions "We rarely find that people have good sense unless they agree with us." --Francois, Duc de La Rochefoucauld The City has established several Boards and Commissions as a means of gathering more community input. Citizens who serve on Boards and Commissions become more involved in government and serve as advisors to the City Council. They are a valuable resource to the City's leadership and should be treated with appreciation and respect. · If attending a Board or Commission meeting, be careful to only express personal opinions Councilmembers may attend any Board or Commission meeting, which are always open to any member of the public. However, they should be sensitive to the way their participation - especially if it is on behalf of an individual, business or developer -- could be viewed as unfairly affecting the process. Any public comments by a Councilmember at a Board or Commission meeting should be clearly made as individual opinion and not a representation of the feelings of the entire City Council. · Limit contact with Board and Commission members to questions of clarification It is inappropriate for a Councilmember to contact a Board or Commission member to lobby on behalf of an individual, business, or developer. It is acceptable for Councilmembers to contact Board http://www.ci.sunnyvale.ca.us/city-council/conduct.htm 10/1/02 Code of Conduct Page 12 of 16 or Commission members in order to clarify a position taken by the Board or Commission. · Remember that Boards and Commissions serve the community, not individual Councilmembers The City Council appoints individuals to serve on Boards and Commissions, and it is the responsibility of Boards and Commissions to follow policy established by the Council. But Board and Commission members do not report to individual Councilmembers, nor should Councilmembers feel they have the power or fight to threaten Board and Commission members with removal if they disagree about an issue. Appointment and re-appointment to a Board or Commission should be based on such criteria as expertise, ability to work with staff and the public, and commitment to fulfilling official duties. A Board or Commission appointment should not be used as a political "reward." · Be respectful of diverse opinions A primary role of Boards and Commissions is to represent many points of view in the community and to provide the Council with advice based on a full spectrum of concerns and perspectives. Councilmembers may have a closer working relationship with some individuals serving on Boards and Commissions, but must be fair and respectful of all citizens serving on Boards and Commmissions. · Keep political support away from public forums Board and Commission members may offer political support to a Councilmember, but not in a public forum while conducting official duties. Conversely, Councilmembers may support Board and Commission members who are running for office, but not in an official forum in their capacity as a Councilmember. · Inappropriate behavior can lead to removalInappropriate behavior by a Board or Commission member should be noted to the Mayor, and the Mayor should counsel the offending member. If inappropriate behavior continues, the Mayor should bring the situation to the attention of the Council and the individual is subject to removal from the Board or Commission. iBack to Table of Contents Council Conduct with The Media "Keep them well fed and never let them know that all you've got is a chair and a whip." -- Lion Tamer School Councilmembers are frequently contacted by the media for background and quotes. · The best advice for dealing with the media is to never go "off the record" Most members of the media represent the highest levels of journalistic integrity and ethics, and can be trusted to keep their word. But one bad experience can be catastrophic. Words that are not said cannot be quoted. · The Mayor is is the official spokesperson for the representative on City position. http ://www.ci. sunnyvale, ca. us/city-council/conduct.htm 10/1/02 The Ivlayor is the designated representative of the Council to present and speak on the official City position. If an individual Councilmember is contacted by the media, the Councilmember should be clear about whether their comments represent the official City position or a personal viewpoint. · Choose words carefully and cautiously Comments taken out of context can cause problems. Be especially cautious about humor, sardonic asides, sarcasm, or word play. It is never appropriate to use personal slurs or swear words when talking with the media. Sanctions "You cannot have a proud and chivalrous spirit if your conduct is mean and paltry; for whatever a man's actions are, such must be his spirit." · -- Demosthenes · Public Disruption Members of the public who do not follow proper conduct after a warning in a public hearing may be barred from further testimony at that meeting or removed from the Council Chambers. · Inappropriate Staff Behavior Councilmembers should refer to the City Manager any City staff or to the City Attorney any City Attorney's staff who do not follow proper conduct in their dealings with Councilmembers, other City staff, or the public. These employees may be disciplined in accordance with standard City procedures for such actions. (Please refer to the Section on Council Conduct with City Staff for more details on interaction with Staff.) · Councilmembers Behavior and Conduct City Councilmembers who intentionally and repeatedly do not follow proper conduct may be reprimanded or formally censured by the Council, lose seniority or committee assignments (both within the City of Sunnyvale or with inter-government agencies) or have official travel restricted. Serious infractions of the Code of Ethics or Code of Conduct could lead to other sanctions as deemed appropriate by Council. Councilmembers should point out to the offending Councilmember infractions of the Code of Ethics or Code of Conduct. If the offenses continue, then the matter should be referred to the Mayor in private. If the Mayor is the individual whose actions are being challenged, then the matter should be referred to the Vice Mayor. It is the responsibility of the Mayor to initiate action if a Councilmember's behavior may warrant sanction. If no action is taken by the Mayor, the alleged violation(s) can be brought up with the full Council in a public meeting. If violation of the Code of Ethics or Code of Conduct is outside of the observed behaviors by the Mayor or Councilmembers, the alleged violation should be referred to the Mayor. The Mayor should ask the City Manager and/or the City Attorney to investigate the allegation and report the findings to http://www, ci. sunnyvale, ca.u s/city-council/conduct, htm 10/1/02 Code of Conduct Page 14 of 16 the Mayor. It is the Mayor's responsibility to take the next appropriate action. These actions can include, but are not limited to: discussing and counseling the individual on the violations; recommending sanction to the full Council to consider in a public meeting; or forming a Council ad hoc subcommittee to review the allegation; the investigation and its findings, as well as to recommend sanction options for Council consideration. Videotaping of the complaint hearing should be used for a Council ad hoc subcommittee. Back to Table of Contents Principles of Proper Conduct Proper conduct IS ... Keeping promises Being dependable Building a solid reputation Participating and being available Demonstrating patience Showing empathy Holding onto ethical principles under stress Listening attentively Studying thoroughly Keeping integrity intact Overcoming discouragement Going above and beyond, time and time again Modeling a professional manner Proper conduct IS NOT ... Showing antagonism or hostility Deliberately lying or misleading Speaking recklessly Spreading rumors Stirring up bad feelings, divisiveness Acting in a self-righteous manner It all comes down to respect Respect for one another as individuals., respect for the validity of different opinions... respect for the democratic process.., respect for the community that we serve. http://www.ci.sunnyvale.ca.us/city-council/conduct.htm 10/1/02 Code of Conduct Page 15 of 16 Back to Table of Contents Checklist for Monitoring Conduct · Will my decision/statement/action violate the trust, rights or good will of others? · What are my interior motives and the spirit behind my actions? · If I have to justify my conduct in public tomorrow, will I do so with pride or shame? · How would my conduct be evaluated by people whose integrity and character I respect? · Even if my conduct is not illegal or unethical, is it done at someone else's painful expense? Will it destroy their trust in me? Will it harm their reputation? · Is my conduct fair? Just? Morally right? · If I were on the receiving end of my conduct, would I approve and agree, or would I take offense? · Does my conduct give others reason to trust or distrust me? · Am I willing to take an ethical stand when it is called for? Am I willing to make my ethical beliefs public in a way that makes it clear what I stand for? · Do I exhibit the same conduct in my private life as I do in my public life? · Can I take legitimate pride in the way I conduct myself and the example I set? · Do I listen and understand the views of others? · Do I question and confront different points of view in a constructive manner? · Do I work to resolve differences and come to mutual agreement? · Do I support others and show respect for their ideas? · Will my conduct cause public embarrassment to someone else? Back to Table of Contents Glossary of Terms attitude behavior civility conduct courtesy decorum manners The manner in which one shows one's dispositions, opinions, and feelings External appearance or action; manner of behaving; carriage of oneself Politeness, consideration, courtesy The way one acts; personal behavior Politeness connected with kindness Suitable; proper; good taste in behavior A way of acting; a style, method, or form; the way in which thing are done http ://www. ci. sunnyvale, ca. us/city-council/conduct.htm 10/1/02 Code of Conduct Page 16 of 16 point of order point of personal privilege propriety protocol respect An interruption of a meeting to question whether rules or bylaws are being broken, such as the speaker has strayed from the motion currently under consideration A challenge to a speaker to defend or apologize for comments that a fellow Council memberCouncilmember considers offensive Conforming to acceptable standards of behavior The courtesies that are established as proper and correct The act of noticing with attention; holding in esteem; courteous regard City Council Home Page City of Sunnyvale Home Paqe http://www.ci.sunnyvale.ca.us/city-council/conduct.htm 10/1/02 City of Santa Clara, CA Code of Ethics and Values PREAMBLE The proper operation of democratic government requires that decision-makers be independent, impartial, and accountable to the people they serve. The City of Santa Clara has adopted this Code of Ethics and Values to promote and maintain the highest standards of personal and professional conduct in the City's government. All elected and appointed officials, City employees, volunteers, and others who participate in the city's government are required to subscribe to this Code, understand how it applies to their specific responsibilities, and practice its eight core values in their work. Because we seek public confidence in the City's services and public trust of its decision-makers, our decisions and our work must meet the most demanding ethical standards and demonstrate the highest levels of achievement in following this code. 1. As a Representative of the City of Santa Clara, I will be ethical In practice, this value looks like: a.) I am trustworthy, acting with the utmost integrity and moral courage. b.) I am truthful, do what I say I will do, and am dependable. c.) I make impartial decisions, free of bribes, unlawful gifts, narrow political interests, and financial and other personal interests that impair my independence of judgment or action. d.) I am fair, distributing benefits and burdens according to consistent and equitable criteria. e.) I extend equal opportunities and due process to all parties in matters under consideration. If l engage in unilateral meetings and discussions, I do so without making voting decisions. f.) I show respect for persons, confidences, and information designated as "confidential." g.) I use my title(s) only when conducting official City business, for information purposes, or as an indication of background and expertise, carefully considering whether I am exceeding or appearing to exceed my authority. 2. As a Representative of the City of Santa Clara, I will be professionaL -., in practice, this value looks like: a.) I apply my knowledge and expertise to my assigned activities and to the interpersonal relationships that are part of my job in a consistent, confident, competent, and productive manner. b.) I approach my job and work-related relationships with a positive attitude. c.) I keep my professional knowledge and skills current and growing. 3. As a Representative of the City of Santa Clara, I will be service-oriented. In practice, this value looks like: a.) I provide friendly, receptive, courteous service to everyone. b.) I am attuned to, and care about, the needs and issues of citizens, public officials, and city workers. c.) In my interactions with constituents, I am interested, engaged, and responsive. e As a Representative of the City of Santa Clara, I will be fiscally responsible In practice, this value looks like: a.) I make decisions after prudent consideration of their financial impact, taking into account the long-term financial needs of the City, especially its financial stability. b.) I demonstrate concern for the proper use of City assets (e.g., personnel, time, property, equipment, funds) and follow established procedures. c.) I make good financial decisions that seek to preserve programs and services for City residents. 5. As a Representative of the City of Santa Clara, I will be organized. In practice, this value looks like: a.) I act in an efficient manner, making decisions and recommendations based upon research and facts, taking into consideration short and long term goals. b.) I follow through in a responsible way, keeping others informed, and responding in a timely fashion. c.) I am respectful of established City processes and guidelines. . As a Representative of the City of Santa Clara, I will be communicative. In practice, this value looks like: a:) I convey the City's care for and commitment to its citizens. b.) I communicate in various ways that I am approachable, open-minded and willing to participate in dialog. c.) I engage in effective two-way communication, by listening carefully, asking questions, and determining an appropriate response which adds value to conversations. . As a Representative of the City of Santa Clara, I will be collaborative. In practice, this value looks like: a.) I act in a cooperative manner with groups and other individuals, working together in a spirit of tolerance and understanding. b.) I work towards consensus building and gain value from diverse opinions. c.) I accomplish the goals and responsibilities of my individual position, while respecting my role as a member of a team. d.) I consider the broader regional and State-wide implications of the City's decisions and issues. 8. As a Representative of the City of Santa Clara, I will be progressive. In practice, this value looks like: a.) I exhibit a proactive, innovative approach to setting goals and conducting the City's business. b.) I display a style that maintains consistent standards, but is also sensitive to the need for compromise, "thinking outside the box," and improving existing paradigms when necessary. c.) I promote intelligent and thoughtful innovation in order to forward the City's policy agenda and City services. ~4pproved by City Council on ~4pril 4, 2000; modified by Council on ~4ugust 21, 2001 .?age .. o:!~ ;~ 6 CITY OF SUNNYVALE CODE OF CONDUCT FOR ELECTED OFFICIALS Prepared by Council Protocol Subcommittee Jack Walker, Chair Jim Roberts, Member Fred Fowler, Member City of Sunnyvale Code of Conduct for Elected Officials "Conduct is three-fourths of our life and its largest concern." -- Matthew Arnold The Three Rs of Sunnyvale Government Leadership: http ://www.ci.sunnyvale.ca. us/city_council/conduct.htm 10/1/02 Page 2 of 16 Roles, Responsibilities and Respect The City Charter provides detailed information on the roles and responsibilities of Councilmembers, the ViCe Mayor, and the Mayor. The City's Code of Ethics provides guidance on ethical issues and questions of right and wrong. Until now, what has not been clearly written down is a Code of Conduct for Sunnyvale's elected officials. This Code of Conduct is designed to describe the manner in which Councilmembers should treat one another, city staff, constituents, and others they come into contact with in representing the City of Sunnyvale. It reflects the work of a Council Policy and Protocol Subcommittee that was charged with defining more clearly the behavior, manners, and courtesies that are suitable for various occasions. The Subcommittee ~lso considered a wide variety of policy changes and clarifications designed to make public meetings and the process of governance run more smoothly. The contents of this Code of Conduct includes: · ~ of Roles & ~ibilities · Policies ._8: Protocol R_.elgted to Con_duct · Council Conduct with One Another ° Council Conduct with City_ Staff · Council Conduct with The P blic ...... ~ I.! _ _ · Council Conduct with Other Public _A~ncies · Counc~il Con_duct with Board.s__g_n_d_ Com_mi_'...ssi~ns · Council Conduct with The Media · Sanctions · Principles of Pro_p_e! Con_duc_t_ · Checklist for Monitori_ng Conduct · Glos~sary__of Terms Pages 2-3 4-5 6-7 8-9 10-11 12 13-14 15 16 17 18 19 The constant and consistent theme through all of the conduct guidelines is "respect." Councilmembers experience huge workloads and tremendous stress in making decisions that could impact thousands of lives. Despite these pressures, elected officials are called upon to exhibit appropriate behavior at all times. Demonstrating respect for each individual through words and actions is the touchstone that can help guide Councilmembers to do the right thing in even the most difficult situations. ; · . Back to Table of Contents Overview of Roles & Responsibilities "Leadership is an action, not a word." -- Richard Cooley Other resources that are helpful in defining the roles and responsibilities of elected officials can be found in the Sunnyvale City Charter and in the Leadership Guide for Mayors and Councilmembers http ://www.ci. sunnyvale.ca, us/city_council/conduct.htm 10/1/02 Page 3 of 16 published by the League of California Cities. MAYOR · Serves at the pleasure of the Council (Sunnyvale City Charter, Section 605) · Acts as the official head of the City for all ceremonial purposes (Sunnyvale City Charter, Section 605) · Chairs Council meetings (Sunnyvale City Charter, Section 605) · Calls for special meetings (Sunnyvale City Charter, Section 609) · Recognized as spokesperson for the City · Selects substitute for City representation when Mayor cannot attend · Makes judgment calls on proclamations, Special Orders of the Day, etc. · Recommends subcommittees as appropriate for Council approval · Serves as the liaison between the Council and the City Manager and City Attorney in regards to employee relations · Leads the Council into an effective, cohesive working team · Signs documents on behalf of the City · Serves as official delegate of the City to the U.S. Conference of Mayors and other events and conferences VICE MAYOR · Serves at the pleasure of the Council (Sunnyvale City Charter, Section 606) · Performs the duties of the Mayor if the Mayor is absent or disabled (Sunnyvale City Charter, Section 606) · Chairs Council meetings at the request of the Mayor · Represents the City at ceremonial functions at the request of the Mayor · Reports closed session actions at public Council meetings · Moves for Makes routine motion on consent items on the City Council ALL COUNCILMEMBERS All members of the City Council, including those serving as Mayor and Vice Mayor, have equal votes. No Councilmember has more power than any other Councilmember, and all should be treated with equal respect. All Councilmembers should: · Fully participate in City Council meetings and other public forums while demonstrating respect, kindness, consideration, and courtesy to others · Prepare in advance of Council meetings and be familiar with issues on the agenda · Represent the City at ceremonial functions at the request of the Mayor · Place activities and events on the Council's weekly activities calendar that invite official participation of all Councilmembers. A list of the activities of individual Councilmembers may also be submitted for public record at the option of the Councilmember · Be respectful of other people's time. Stay focused and act efficiently during public meetings. · Serve as a model of leadership and civility to the community · Inspire public confidence in Sunnyvale government http://www.ci.sunnyvale.ca.us/city_council/conduct.htm 10/1/02 Page 4 of 16 · Provide contact information with the Council Executive Assistant in case an emergency or urgent situation arises while the Councilmember is out of town · Demonstrate honesty and integrity in every action and statement · Participate in scheduled activities to increase team effectiveness and review Council procedures, such as this Code of Conduct MEETING CHAIR The Mayor will chair official meetings of the City Council, unless the Vice Mayor or another Councilmember is designated as Chair of a specific meeting. ° Maintains order, decorum, and the fair and equitable treatment of all speakers · Keeps discussion and questions focused on specific agenda item under consideration · Makes parliamentary rulings with advice, if requested, from the City Attorney who acts as an advisory parliamentarian. Chair rulings may be overturned if a Councilmember makes a motion as an individual and the majority of the Council votes to overrule the Chair. FORMER COUNCILMEMBERS Past members of the City Council who speak to the current City Council about a pending issue should disclose who they are speaking on behalf of (individual or organization). Back to Table of Contents Policies & Protocol Related To Conduct "Wherever there is a human being, there is an opportunity for kindness." -- Seneca Ceremonial Events Requests for a City representative at ceremonial events will be handled by City staff. The Mayor will serve as the designated City representative. If the Mayor is unavailable, then City staff will determine if event organizers would like another representative from the Council. If yes, then the Mayor will recommend which Councilmember should be asked to sebee as a substitute. Invitations received at City Hall are presumed to be for official City representation. Invitations addressed to Councilmembers at their homes are presumed to be for unofficial, personal consideration. Correspondence Signatures Councilmembers do not need to acknowledge the receipt of correspondence, or copies of correspondence, during Council meetings. City staff will prepare official letters in response to public inquiries and concerns. These letters will carry the signature of the Mayor unless the Mayor requests that they be signed by another Councilmember or City staff. If correspondence is addressed only to one Councilmember, that Councilmember should check with staff on the best way to respond to the sender. Endorsement of Candidates http://www.ci.sunnyvale.ca.us/city_council/conduct.htm 10/1/02 Page 5 of 16 Councilmembers have the right to endorse candidates for all Council seats or other elected offices. It is inappropriate to mention endorsements during Council meetings or other official City meetings. Intergovernmental Relations The Council will hold a quarterly meeting on intergovernmental relations (IGR) to assign specific Councilmembers to take a leadership role on new issues and to hear updates on pending issues. A Chair for each Council Subcommittee should be selected at the first meeting of the Subcommittee after the IGR assignments are made. Legislative Process The City of Sunnyvale uses the Planning and Management System (PAMS) as a guideline for its legislative process. Details of the PAMS system may be found in City manuals. The City uses parliamentary procedure for meeting management. Non-agenda Items During a designated period of the agenda, citizens, Councilmembers and staff may bring forth issues or questions that are not on the meeting's agenda. Topics should be legislative items requiring action by the Mayor or the Council, study issues for future consideration, and requests for information. Each speaker, citizen or elected official, will be limited to five minutes. Public Announcements in Council Meetings Councilmembers who want to speak first during the Public Announcement portion of the Council meeting should notify the Chair in advance. Otherwise, Councilmembers will be recognized when the Chair notices the light signal. Councilmembers, like members of the public who use this portion of the agenda to recognize achievements or promote an event, will be limited to three minutes each, and should keep the focus on matters of community-wide interest. Public Meeting Hearing Protocol The applicant or appellant shall have the right to speak first. The Chair will determine the length of time allowed for this presentation. Speakers representing either pro or con points of view will be allowed to follow. The Chair will determ/ne how much time will be allowed for each speaker, with 3 to 5 minutes the standard time granted. The applicant or appellant will be allowed to make closing comments. The Chair has the responsibility to mn an efficient public meeting and has the discretion to modify the public hearing process in order to make the meeting run smoothly. Councilmembers will not express opinions during the public hearing portion of the meeting except to ask pertinent questions of the speaker or staff. "I think" and "I feel" comments by Councilmembers are not appropriate until after the close of the public hearing. Councilmembers should refrain from arguing or debating with the public during a public hearing and shall always show respect for different points of view. Main motions may be followed by amendments, followed by substitute motions. Any Councilmember can call for a point of order. Only Councilmembers who voted on the prevailing side may make motions to reconsider. Councilmembers who desire to make the first motion on issues which they feel strongly about should discuss their intention with the Chair in advance of the Council meeting. Travel Expenses The policies and procedures related to the reimbursement of travel expenses for official City business by Councilmembers are outlined in Council Policy 7.3.12. All Council travel in excess of the allowed http://www.ci.sunnyvale.ca.us/city_council/conduct.htm 10/1/02 ~ag¢ ~ budget, in which the Councilmember expects to officially represent the City and/or be reimbursed by the City for travel costs, must be approved in advance by the Council. The travel policy and budget for Council should be reviewed at each two-year budget cycle. Back to Table of Contents Council Conduct with One Another "In life, courtesy and self-possession, and in the arts, style, are the sensible impressions of the free mind, for both arise out of a deliberate shaping of all things and from never being swept away, whatever the emotion, into confusion or dullness." -- William Butler Yeats Councils are composed of individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to preserve and protect the present and the future of the community. In all cases, this common goal should be acknowledged even as Council may "agree to disagree" on contentious issues. IN PUBLIC MEETINGS · Use formal titles The Council should refer to one another formally during public meetings as Mayor, Vice Mayor or Councilmember followed by the individual's last name. · Practice civility and decorum in discussions and debate Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of a free democracy in action. This does not allow, however, Councilmembcrs to make belligerent, personal, impertinent, slanderous, threatening, abusive, or disparaging comments. No shouting or physical actions that could be construed as threatening will be tolerated. · Honor the role of the Chair in maintaining order It is the responsibility of the Chair to keep the comments of Councilmembers on track during public meetings. Councilmembers should honor efforts by the Chair to focus discussion on current agenda items. If there is disagreement about the agenda or the Chair's actions, those objections should be voiced politely and with reason, following procedures outlined in parliamentary procedure. · Avoid personal comments that could offend other Councilmembers If a Councilmember is personally offended by the remarks of another Councilmember, the offended Councilmember should make notes of the actual words used and call for a "point of personal privilege" that challenges the other Councilmember to justify or apologize for the language used. The Chair will maintain control of this discussion. · Demonstrate effective problem-solving approaches Councilmembers have a public stage to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole. http ://www.ci.sunnyvale.ca.us/city_council/conduct.htm 10/1/02 IN PRIVATE ENCOUNTERS · Continue respectful behavior in private The same level of respect and consideration of differing points of view that is deemed appropriate for public discussions should be maintained in private conversations. · Be aware of the insecurity of written notes, voicemail messages, and e-mail Technology allows words written or said without much forethought to be distributed wide and far. Would you feel comfortable to have this note faxed to others? How would you feel if this voicemail message was played on a speaker phone in a full office? What would happen if this e-mail message was forwarded to others? Written notes, voicemail messages and e-mail should be treated as potentially "public" communication. · Even private conversations can have a public presence Elected officials are always on display - their actions, mannerisms, and language are monitored by people around them that they may not know. Lunch table conversations will be eavesdropped upon, parking lot debates will be watched, and casual comments between individuals before and after public meetings noted. Back to Table of Contents Council Conduct with City Staff "Never let a problem become an excuse." -- Robert Schuller Governance of a City relies on the cooperative efforts of elected officials, who set policy, and City staff, who implement and administer the Council's policies. Therefore, every effort should be made to be cooperative and show mutual respect for the contributions made by each individual for the good of the community. · Treat all staff as professionals Clear, honest communication that respects the abilities, e:(perience, and dignity of each individual is expected. Poor behavior towards staff is not acceptable. · Limit contact to specific City staff Questions of City staff and/or requests for additional background information should be directed only to the City Manager, City Attorney, Assistant City Manager, or Department Heads. The Office of the City Manager should be copied on any request, except those to the City Attorney. Requests for follow-up or directions to staff should be made only through the City Manager or the City Attorney when appropriate. When in doubt about what staff contact is appropriate, Councilmembers should ask the City Manger for direction. Materials supplied to a Councilmember in response to a request will be made available to all members of the Council so that all have equal access to information. http ://www.ci.sunnyvale.ca.us/city-council/conduct.htm 10/1/02 Page 8 of 16 · Do not disrupt City staff from their jobs Councilmembers should not disrupt City staff while they are in meetings, on the phone, or engrossed in performing their job functions in order to have their individual needs met. · Never publicly criticize an individual employee Council should never express concerns about the performance of a City employee in public, to the employee directly, or to the employee's manager. Comments about staff performance should only be made to the City Manager through private correspondence or conversation. Comments about staff in the office of the City Attorney should be made directly to the City Attorney. · Do not get involved in administrative functions Councilmembers must not attempt to influence City staff on the making of appointments, awarding of contracts, selecting of consultants, processing of development applications, or granting of City licenses and permits. [See Code of Ethics] The Sunnyvale City Charter, Section 807, also contains information about the prohibition of Council interference in administrative functions. · Check with City staff on correspondence before taking action Before sending correspondence, Councilmembers should check with City staff to see if an official City response has already been sent or is in progress. · Do not attend meetings with City staff unless requested by staff. Even if the Councilmember does not say anything, the Councilmember's presence implies support, shows partiality, intimidates staff, and hampers staff's ability to do their job objectively. · Limit requests for staff support Routine secretarial support will be provided to all Councilmembers. All mail for Councilmembers is opened by the Council Executive Assistant, unless other arrangements are requested by a Councilmember. Mail addressed to the Mayor is reviewed first by the City Manager who notes suggested action and/or follow-up items. Requests for additional staff support - even in high priority or emergency situations -- should' be made to the City Manager who is responsible for allocating City resources in order to maintain a professional, well-mn City government. · Do not solicit political support from staff Councilmembers should not solicit any type of political support (financial contributions, display of posters or lawn signs, name on support list, etc.) from City staff. City staff may, as private citizens with constitutional rights, support political candidates but all such activities must be done away from the workplace. Back to Table of Contents Council Conduct with The Public "If a man be gracious and courteous ' to strangers, it shows he is a citizen of the world, and that his heart is no island cut off from other lands, but a continent that joins to them." http ://www.ci.sunnyvale.ca. us/city_council/conduct.htm 10/1/02 Page 9 of 16 · -- Francis Bacon IN PUBLIC MEETINGS Making the public feel welcome is an important part of the democratic process. No signs of partiality, prejudice or disrespect should be evident on the part of individual Councilmembers toward an individual participating in a public forum. Every effort should be made to be fair and impartial in listening to public testimony. · Be welcoming to speakers and treat them with care and gentleness "I give many public presentations so standing up in front of a group and using a microphone is not new to me. But I found that speaking in front of Council was an entirely different experience. I was incredibly nervous and my voice was shaking. I think the reason was because the issue was so personal to me. The Council was going to take a vote that would affect my family's daily life and my home. I was feeling a lot of emotion. The way that Council treats people during public hearings can do a lot to make them relax or to push their emotions to a higher level of intensity." · Be fair and equitable in allocating public hearing time to individual speakers "The first thing the Mayor said to me was to be brief because the meeting was running late and the Council was eager to go home. That shouldn't be my problem. I'm sorry my item was at the end of the agenda and that there were a lot of speakers, but it is critically important to me and I should be allowed to say what I have to say and believe that the Council is listening to me." The Chair will determine and announce limits on speakers at the start of the public hearing process. Generally, each speaker will be allocated five-minutes with applicants and appellants or their designated representatives allowed more time. If many speakers are anticipated, the Chair may shorten the time limit and/or ask speakers to limit themselves to new information and points of view not already covered by previous speakers. No speaker will be turned away unless he or she exhibits inappropriate behavior. Each speaker may only speak once during the public hearing unless the Council requests additional clarification later in the process. After the close of the public hearing, no more public testimony will be accepted unless the Chair reopens the public hearing for a limited and specific purpose. · Give the appearance of active listening It is disconcerting to speakers to have Councilmembers not look at them when they are speaking. It is fine to look down at documents or to make notes, but reading for a long period of time gazing around the room gives the appearance of disinterest. Be aware of facial expressions, especially those that f! ' ' could be interpreted as srmrking, disbelief, anger or boredom. · Ask for clarification, but avoid debate and argument with the public Only the Chair - not individual Councilmembers -_ can interrupt a speaker during a presentation. However, a Councilmember can ask the Chair for a point of order if the speaker is off the topic or exhibiting behavior or language the Councilmember finds disturbing. If speakers become flustered or defensive by Council questions, it is the responsibility of the Chair to http ://www. ci. sunnyvale, ca.us/city-council/conduct.htm 10/1/02 Page 10 of 16 calm and focus the speaker and to maintain the order and decorum of the meeting. Questions by Councilmembers to members of the public testifying should seek to clarify or expand information. It is never appropriate to belligerently challenge or belittle the speaker. Councilmembers' personal opiniOns or inclinations about upcoming votes should not be revealed until after the public heating is closed. · No personal attacks of any kind, under any circumstance Councilmembers should be aware that their body language and tone of voice, as well as the words they use, can appear to be intimidating or aggressive. · Follow parliamentary procedure in conducting public meetings The City Attorney serves as advisory parliamentarian for the City and is available to answer questions or interpret situations according to parliamentary procedures. Final rulings on parliamentary procedure are made by the Chair, subject to the appeal of the full Council.. IN UNOFFICIAL SETTINGS · Make no promises on behalf of the Council Councilmembers will frequently be asked to explain a Council action or to give their opinion about an issue as they meet and talk with constituents in the community. It is appropriate to give a brief overview of City policy and to refer to City staff for further information. It is inappropriate to overtly or implicitly promise Council action, or to promise City staff will do something specific (fix a pothole, remove a library book, plant new flowers in the median, etc.). · Make no personal comments about other Councilmembers It is acceptable to publicly disagree about an issue, but it is unacceptable to make derogatory comments about other Councilmembers, their opinions and actions. · Remember that despite its impressive population figures, Sunnyvale is a small town at heart Councilmembers are constantly being observed by the community every day that they serve in office. Their behaviors and comments serve as models for proper deportment in the City of Sunnyvale. Honesty and respect for the dignity of each individual should be reflected in every word and action taken by Councilmembers, 24 hours a day, seven days a week. It is a serious and continuous responsibility. ,. Back to Table of Contents Council Conduct with Other Public Agencies "Always do right. This will gratify some people and astonish the rest." -- Mark Twain · Be clear about representing the city or personal interests http ://www.ci. sunnyvale, ca.us/city-council/conduct.htm 10/1/02 Page 11 of 16 If a Councilmember appears before another governmental agency or organization to give a statement on an issue, the Councilmember must clearly state: 1) if his or her statement reflects personal opinion or is the official stance of the City; 2) whether this is the majority or minority opinion of the Council. If the Councilmember is representing the City, the Councilmember must support and advocate the official City position on an issue, not a personal viewpoint. If the Councilmember is representing another organization whose position is different from the City, the Councilmember should withdraw from voting on the issue if it significantly impacts or is detrimental to the City's interest. Councilmembers should be clear about which organizations they represent and inform the Mayor and Council of their involvement. · Correspondence also should be equally clear about representation City letterhead may be used when the Councilmember is representing the City and the City's official position. A copy of official correspondence should be given to the Council Executive Assistant to be filed in the Council Office as part of the permanent public record. It is best that City letterhead not be used for correspondence of Councilmembers representing a personal point of view, or a dissenting point of view from an official Council position. However, should Councilmembers use City letterhead to express a personal opinion, the official City position must be stated clearly so the reader understands the difference between the official City position and the minor viewpoint of the Councilmember. Back to Table of Contents Council Conduct With Boards and Commissions "We rarely find that people have good sense unless they agree with us." --Francois, Duc de La Rochefoucauld The City has established several Boards and Commissions as a means of gathering more community input. Citizens who serve on Boards and Commissions become more involved in government and serve as advisors to the City Council. They are a valuable resource to the City's leadership and should be treated with appreciation and respect. · If attending a Board or Commission meeting, be careful to only express personal opinions Councilmembers may attend any Board or Commission meeting, which are always open to any member of the public. However, they should be sensitive to the way their participation - especially if it is on behalf of an individual, business or developer -- could be viewed as unfairly affecting the process. Any public comments by a Councilmember at a Board or Commission m~eting should be clearly made as individual opinion and not a representation of the feelings of the entire City Council. · Limit contact with Board and Commission members to questions of clarification It is inappropriate for a Councilmember to contact a Board or Commission member to lobby on behalf of an individual, business, or developer. It is acceptable for Councilmembers to Contact Board http://www.ci.sunnyvale.ca.us/city_council/conduct.htm 10/1/02 Page 12 of 16 or Commission members in order to clarify a position taken by the Board or Commission. · Remember that Boards and Commissions serve the community, not individual Councilmembers The City Council appoints individuals to serve on Boards and Commissions, and it is the responsibility of Boards and Commissions to follow policy established by the Council. But Board and Commission members do not report to individual Councilm feel they have the power or right t ~ ~, r~ ....... e. mbers, nor should Councilmember o o thre,~t,.l, ~,atd and Cornn~sslon members with removal if they s disagree about an issue. Appointment and re-appointment to a Board or Commission should be based on such criteria as expertise, ability to work with staff and the public, and commitment to fulfilling official duties. A Board or Commission appointment should not be used as a political "reward." · Be respectful of diverse opinions A primary role of Boards and Commissions is to represent many points of view in the community and to provide the Council with advice based on a full spectrum of concerns and perspectives. Councilmembers may have a closer working relationship with some individuals serving on Boards and Commissions, but must be fair and respectful of all citizens serving on Boards and Commmissions. · Keep political support away from public forums Board and Commission members may offer political support to a Councilmember, but not in a public forum while conducting official duties. Conversely, Councilmembers may support Board and Commission members who are running for office, but not in an official forum in their capacity as a Councilmember. · Inappropriate behavior can lead to removallnappropriate behavior by a Board or Commission member should be noted to the Mayor, and the Mayor should counsel the offending member. If inappropriate behavior continues, the Mayor should brin the si and the indivi · · g 'tuation to the attention dual is subject to removal from the ~,.a .... ,-, .... · . of the Council go,~,~ ~,~ ~,--unmllsslon. Bac______k to Table of Contents Council Conduct with The Media "Keep them well fed and never let them know that all you've got is a chair and a whip." -- Lion Tamer School Councilmembers are frequently contacted by the media for background and quotes. · The best advice for dealing with the media is Most members of the media represent the highest to never go "off the record" levels of journalistic integrity and ethics, and can be trusted to keep their word. But one bad experience can be catastrophic. Words that are not said cannot be quoted. · The Mayor is is the official spokesperson for the representative on City position. http://www, ci.sunnyvale.ca, us/city_council/conduct.htm 10/1/02 Page 13 of 16 The Mayor is the designated representative of the Council to present and speak on the official City position. If an individual Councilmember is contacted by the media, the Councilmember should be clear about whether their comments represent the official City position or a personal viewpoint. · Choose words carefully and cautiously Comments taken out of context can cause problems. Be especially cautious about humor, sardonic asides, sarcasm, or word play. It is never appropriate to use personal slurs or swear words when talking with the media. Back to Table of Contents Sanctions "You cannot have a proud and chivalrous spirit if your conduct is mean and paltry; for whatever a man's actions are, such must be his spirit." · -- Demosthenes · Public Disruption Members of the public who do not follow proper conduct after a warning in a public hearing may be barred from further testimony at that meeting or removed from the Council Chambers. · Inappropriate Staff Behavior Councilmembers should refer to the City Manager any City staff or to the City Attorney any City Attorney's staff who do not follow proper conduct in their dealings with Councilmembers, other City staff, or the public. These employees may be disciplined in accordance with standard City procedures for such actions. (Please refer to the section on Council Conduct with City Staff for more details on interaction with Staff.) · Councilmembers Behavior and Conduct City Councilmembers who intentionally and repeatedly do not follow proper conduct may be reprimanded or formally censured by the Council, lose seniority or committee assignments (both within the City of Sunnyvale or with inter-government agencies) or have official travel restricted. Serious infractions of the Code of Ethics or Code of Conduct could lead to other sanctions as deemed appropriate by Council. Councilmembers should point out to the offending Councilmember infractions of the Code of Ethics or Code of Conduct. If the offenses continue, then the matter should be referred to the Mayor in private. If the Mayor is the individual whose actions are being challenged, then the matter should be referred to the Vice Mayor. It is the responsibility of the Mayor to initiate action if a Councilmember's behavior may warrant sanction. If no action is taken by the Mayor, the alleged violation(s) can be brought up with the full Council in a public meeting. If violation of the Code of Ethics or Code of Conduct is outside of the observed behaviors by the Mayor or Councilmembers, the alleged violation should be referred to the Mayor. The Mayor should ask the City Manager and/or the City Attorney to investigate the allegation and report the hndings to http://www, ci. sunnyvale, ca. us/city-council/conduct.htm 10/1/02 Page 14 of 16 the Mayor. It is the Mayor's responsibility to take the next appropriate action. These actions can include, but are not limited to: discussing and counseling the individual on the violations; recommending sanction to the full Council to consider in a public meeting; or forming a Council ad hoc subcommittee to review the allegation; the investigation and its findings, as well as to recommend sanction options for Council consideration. Videotaping of the complaint heating should be used for a Council ad hoc subcommittee. Proper conduct IS ... Back to T__able of Contents Principles of Proper Conduct o Keeping promises o Being dependable Building a solid reputation Participating and being available Demonstrating patience Showing empathy Holding onto ethical principles under stress Listening attentively Studying thoroughly Keeping integrity intact Overcoming discouragement Going above and beyond, time and time again Modeling a professional manner Proper conduct IS NOT ... o Showing antagonism or hostility o Deliberately lying or misleading o Speaking recklessly o Spreading rumors o Stirring up bad feelings, divisiveness o Acting in a self-righteous manner It all comes down to respect Respect for one another as individuals., respect for the validity of different opinions... respect for the democratic process.., respect for the community that we serve. http://www.ci.sunnyvale.ca, us/city_council/conduct.htm 10/1/02 Page 15 of 16 Back to Table of Contents Checklist for Monitoring Conduct · Will my decision/statement/action violate the trust, rights or good will of others? · What are my interior motives and the spirit behind my actions? · If I have to justify my conduct in public tomorrow, will I do so with pride or shame? · How would my conduct be evaluated by people whose integrity and character I respect? · Even if my conduct is not illegal or unethical, is it done at someone else's painful expense? Will it destroy their trust in me? Will it harm their reputation? · Is my conduct fair? Just? Morally right? · If I were on the receiving end of my conduct, would I approve and agree, or would I take offense? · Does my conduct give others reason to trust or distrust me? · Am I willing to take an ethical stand when it is called for? Am I willing to make my ethical beliefs public in a way that makes it clear what I stand for? · Do I exhibit the same conduct in my private life as I do in my public life? · Can I take legitimate pride in the way I conduct myself and the example I set? · Do I listen and understand the views of others? · Do I question and confront different points of view in a constructive manner? · Do I work to resolve differences and come to mutual agreement? · Do I support others and show respect for their ideas? · Will my conduct cause public embarrassment to someone else? attitude behavior civility conduct courtesy decorum manners Back to Table of Contents Glossary of Terms The manner in which one shows one's dispositions, opinions, and feelings External appearance or action; manner of behaving; carriage of oneself Politeness, consideration, courtesy The way one acts; personal behavior Politeness connected with kindness Suitable; proper; good taste in behavior A way of acting; a style, method, or form; the way in which thing are done http://www.ci.sunnyvale.ca.us/city_council/conduct.htm 10/1/02 Page 16 of 16 point of order An interruption of a meeting to question whether rules or bylaws are being broken, such as the speaker has strayed from the motion currently under consideration point of personal privilege propriety protocol respect A challenge to a speaker to defend or apologize for comments that a fellow Council memberCouncilmember considers offensive Conforming to acceptable standards of behavior The courtesies that are established as proper and correct The act of noticing with attention; holding in esteem; courteous regard City Council Home Page City of Sunnyvale Home Page http ://www.ci. sunnyvale.ca.us/city_council/conduct.htm 10/1/02 City of Santa Clara, CA Code of Ethics and Values PREAMBLE The proper operation of democratic government requires that decision-makers be independent, impartial, and accountable to the people they serve. The City of Santa Clara has adopted this Code of Ethics and Values to promote and maintain the highest standards of personal and professional conduct in the City's government. All elected and appointed officials, City employees, volunteers, and others who participate in the city's government are required to subscribe to this Code, understand how it applies to their specific responsibilities, and practice its eight core values in their work. Because we seek public confidence in the City's services and public trust of its decision-makers, our decisions and our work must meet the most demanding ethical standards and demonstrate the highest levels of achievement in following this code. 1. As a Representative of the City of Santa Clara, I will be ethical. In practice, this value looks like: a.) I am trustworthy, acting with the utmost integrity and moral courage. b.) I am truthful, do what I say I will do, and am dependable. c.) I make impartial decisions, free of bribes, unlawful gifts, narrow political interests, and financial and other personal interests that impair my independence of judgment or action. d.) I am fair, distributing benefits and burdens according to consistent and equitable criteria. e.) I extend equal opportunities and due process to all parties in matters under consideration. If l engage in unilateral meetings and discussions, I do so without making voting decisions. f.) I show respect for persons, confidences, and information designated as ~confidential." g.) I use my title(s) only when conducting official City business, for information purposes, or as an indication of background and expertise, carefully considering whether I am exceeding or appearing to exceed my authority. 2. As a Representative of the City of Santa Clara, I will be professional. ~..~ in practice, this value looks like: a.) I apply my knowledge and expertise to my assigned activities and to the interpersonal relationships that are part of my job in a consistent; confident, competent, and productive manner. b.) I approach my job and work-related relationships with a positive attitude. c.) I keep my professional knowledge and skills current and growing. 3. As a Representative of the City of Santa Clara, I will be service-oriented. In practice, this value looks like: a.) I provide friendly, receptive, courteous service to everyone. b.) I am attuned to, and care about, the needs and issues of citizens, public officials, and city workers. c.) In my interactions with constituents, I am interested, engaged, and responsive. 4. As a Representative of the City of Santa Clara, I will be fiscally responsible In practice, this value looks like: a.) I make decisions after prudent consideration of their financial impact, taking into account the long-term financial needs of the City, especially its financial stability. b.) I demonstrate concern for the proper use of City assets (e.g., personnel, time, property, equipment, funds) and follow established procedures. c.) i make good financial decisions that seek to preserve programs and services for City residents. 5. As a Representative of the City of Santa Clara, I will be organized. In practice, this value looks like: a.) I act in an efficient manner, making decisions and recommendations based upon research and facts, taking into consideration short and long term goals. b.) I follow through in a responsible way, keeping others informed, and responding in a timely fashion. c.) I am respectful of established City processes and guidelines. 6. As a Representative of the City of Santa Clara, I will be communicative. In practice, this value looks like: a..) I convey the City's care for and commitment to its citizens. '-~ b.) I communicate in various ways that I am approachable, open-minded and willing to participate in dialog. c.) I engage in effective two-way communication, by listening carefully, asking questions, and determining an appropriate response which adds value to conversations. 7. As a Representative of the City of Santa Clara, I will be collaborative. In practice, this value looks like: a.) I act in a cooperative manner with groups and other individuals, working together in a spirit of tolerance and understanding. b.) I work towards consensus building and gain value from diverse opinions. c.) I accomplish the goals and responsibilities of my individual position, while respecting my role as a member of a team. d.) I consider the broader regional and State-wide implications of the City's decisions and issues. 8. As a Representative of the City of Santa Clara, I will be progressive. In practice, this value looks like: a.) I exhibit a proactive, innovative approach to setting goals and conducting the City's business. b.) I display a style that maintains consistent standards, but is also sensitive to the need for compromise, "thinking outside the box," and improving existing paradigms when necessary. c.) I promote intelligent and thoughtful innovation in order to forward the City's policy agenda and City services. ~lpproved by City Council on ~4pril 4, 2000; modified by Council on ~4ugust 21, 2001