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2003-02-05 Packet
af llkiah Memorandum DATE: TO: FROM: RE: February 4, 2003 Honorable Mayor Larson and City Councilmembers Candace Horsley, City Manager David Rapport, City Attorney Shannon Riley, Executive Assistant ~/~~ Addition to Agenda Item 9c, Televising City Council Meetings Please find attached an additional estimate from Bruce Poma of Poma TV. After the February 5 agenda packets were finalized, Mr. Poma realized that two pieces of equipment had inadvertently been left off his original bid, and has described those items in his letter. Please consider this information at part of agenda item 9c, Presentation and Discussion Regarding Televising City Council Meetings. 4:Shannon/Mcouncil.20305 300 SEMINARY AVENUE UKIAH, CA 95482-5400 Phone# 707/463-6200 Fax# 707/463-6204 Web Address: www. cityofukiah.com POMA TV 198 South School St. Ukiah California, 95482 707-462-3500 January 30, 2003 Candace Horsley City Manager City of Ukiah 300 Seminary Drive Ukiah, CA 95482 RE: Closed Circuit Video System Dear Ms. Horsley: It has been brought to our attention that that this closed circuit broadcast system may require Some title capabilities; if so it will be necessary to add 1 Panasonic WIMX20 A/V mixer at a Price of $1293.60 and a Vidionix TM 3000 titular at a price of $806.30. Thank you for Considering this addendum to the closed circuit broadcast bid. Sincerley; CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 February 5, 2003 6:30 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. INTRODUCTION OF NEW EMPLOYEES a. Introduction of Fire Department Career Employees 4. APPROVAL OF MINUTES a. Regular Meeting of January 15, 2003 b. Special Meeting of January 24, 2003 w RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. 1 CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Annual Review of Traffic Signalization Fund for South Orchard Avenue and East Gobbi Street b. Rejection of Claims for Damages Received from Otis Meadows and American Tire Distributors and Referral to Joint Powers Authority, Redwood Empire Municipal Insurance Fund c. Award of Bid for Liquid Polymer-Alkyamine to Polydyne, Inc. for the Sum of $13,200 d. Receive and File Report Regarding the Purchase of Liquid Polymer Emulsion from Polydyne, Inc. for the Sum of $.647 Per Pound e. Approval of Sole Source Purchase of Forensic Evidence Equipment From Astec Microflow in the Amount Not to Exceed $14,000 Accept the Work as Complete for Class 2 Asbestos Work at 410 Waugh Lane, Ukiah, Specification No. 02-28, and Authorize the Filing of the Notice of Completion with the County Recorder g. Award of Bid for Sewer Main Lining to Pacific Liners for the Sum of $30,492 h. Notification of Emergency Purchase from Bearing Engineering Company for Four Gearboxes with Motors and Accompanying Drive Sprockets, In the Amount of $11,443.36 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. am UNFINISHED BUSINESS a. Status Report Regarding Implementation of the Ukiah Bicycle and Pedestrian Master Plan b. Status Report Regarding the Development of Riverside Park g NEW BUSINESS a. Approval of Purchase of Streetprint, Authorization of Reconstruction and Enhancement of the Crosswalks at the State and Perkins Intersection, and Approval of Budget Amendment b. Adoption of Resolution Approving City of Ukiah Emergency Plan c. Presentation and Discussion Regarding Televising City Council Meetings- Councilmember Andersen d. Presentation and Discussion of 1998 Conflicts of Interest Pamphlet Prepared by the Attorney General- City Attorney David Rapport e. Consideration and Direction Regarding Posted Time for Public Hearings on City Council Agenda- Mayor Larson f. Set Date for Pre-Budget Workshop Meeting g. Discussion and Possible Appointment of Member to Library Advisory Board 10. COUNCIL REPORTS 11. CITY MANAGER/CITY CLERK/DIRECTOR REPORTS 12. CLOSED SESSION G.C. §54956.9(a)- Conference with Leqal Counsel- Existing Litigation, Name of Case: Shoemaker v. City of Ukiah, Mendocino County Superior Court Case No. SCUK-CVG 00-83789 13. ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 February 5, 2003 6:30 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. INTRODUCTION OF NEW EMPLOYEES a. Introduction of Fire Department Career Employees 4. APPROVAL OF MINUTES a. Regular Meeting of January 15, 2003 b. Special Meeting of January 24, 2003 Bm 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. Annual Review of Traffic Signalization Fund for South Orchard Avenue and East Gobbi Street b. Rejection of Claims for Damages Received from Otis Meadows and American Tire Distributors and Referral to Joint Powers Authority, Redwood Empire Municipal Insurance Fund c. Award of Bid for Liquid Polymer-Alkyamine to Polydyne, Inc. for the Sum of $13,200 d. Receive and File Report Regarding the Purchase of Liquid Polymer Emulsion from Polydyne, Inc. for the Sum of $.647 Per Pound e. Approval of Sole Source Purchase of Forensic Evidence Equipment From Astec Microflow in the Amount Not to Exceed $14,000 f. Accept the Work as Complete for Class 2 Asbestos Work at 410 Waugh Lane, Ukiah, Specification No. 02-28, and Authorize the Filing of the Notice of Completion with the County Recorder g. Award of Bid for Sewer Main Lining to Pacific Liners for the Sum of $30,492 h. Notification of Emergency Purchase from Bearing Engineering Company for Four Gearboxes with Motors and Accompanying Drive Sprockets, In the Amount of $11,443.36 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. UNFINISHED BUSINESS a. Status Report Regarding Implementation of the Ukiah Bicycle and Pedestrian Master Plan b. Status Report Regarding the Development of Riverside Park 9. NEW BUSINESS a. Approval of Purchase of Streetprint, Authorization of Reconstruction and Enhancement of the Crosswalks at the State and Perkins Intersection, and Approval of Budget Amendment b. Adoption of Resolution Approving City of Ukiah Emergency Plan c. Presentation and Discussion Regarding Televising City Council Meetings- Councilmember Andersen d. Presentation and Discussion of 1998 Conflicts of Interest Pamphlet Prepared by the Attorney General- City Attorney David Rapport e. Consideration and Direction Regarding Posted Time for Public Hearings on City Council Agenda- Mayor Larson f. Set Date for Pre-Budget Workshop Meeting g. Discussion and Possible Appointment of Member to Library Advisory Board 10. COUNCIL REPORTS 11. CITY MANAGER/CITY CLERK/DIRECTOR REPORTS 12. CLOSED SESSION G.C. §54956.9(a) - Conference with Legal Counsel - Existing Liti_qation, Name of Case: Shoemaker v. City of Ukiah, Mendocino County Superior Court Case No. SCUK-CVG 00-83789 13. ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. ITEM NO. 3a DATE: February 5, 2003 AGENDA SUMMARY REPORT SUBJECT: INTRODUCTION OF FIRE DEPARTMENT CAREER EMPLOYEES The Fire Department's Career Employees, Jeff Riddleberger and John Corippo will be introduced at tonight's City Council Meeting. Jeff Riddleberger was hired September 16, 2002 and was assigned to work with Captain Hamilton on "C" shift as a Firefighter/Paramedic. Jeff brings with him six seasons of experience with United States Forest Service and one season with California Department of Forestry, four years of ambulance experience with Ukiah Ambulance Service and Mendocino Coast District Hospital. He is also certified as a Haz Mat First Responder Specialist. Jeff currently lives in Albion and enjoys surfing, backpacking and camping, kayaking, mountain biking and cooking. John Corippo was hired September 11,2002 as a FirefightedEMT-1 and, also, is assigned to "C" Shift working with Captain Hamilton. John is completing the paramedic program. Prior to his hire with the City, John worked two years for California Department of Forestry as a Firefighter 1 and has three years as a Volunteer Firefighter with Ukiah Valley Fire District. He also was employed with Savings Bank for three years. John lives in Ukiah and enjoys snowboarding, wake boarding, mountain biking and working towards his paramedic license, which doesn't leave much time for the activities mentioned. RECOMMENDED ACTION: Welcome Jeff Riddleberger And John Corippo To The City Family. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Requested by: N/A Prepared by: Andrea Bray, Administrative Secretary Coordinated with: Ron Cohn, Interim Fire Chief and Candace Horsley, City Manager Attachments: None Candace Horsley, City'~anager MEMO Agenda Item: 4a TO: FROM: Honorable Mayor and City Councilmembers City Clerk Marie Ulvila ~,l~.~-~'~J' ~L£.~_..~ ~ SUBJECT: City Council Meeting Minutes: January 15, 2003 DATE: January 31,2003 Every attempt will be made to forward the Draft Minutes of the January 15, 2003 City Council meeting to Council for review by Monday, February 3, 2003. Memos: CC013103 - minutes MINUTES OF THE UKIAH CITY COUNCIL SPECIAL MEETING FRIDAY, JANUARY 24, 2003 4b The Ukiah City Council met at a Special Meeting on January 24, 2003 t which had been legally noticed and posted, at 5:00 p.m. in the Civic Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken Councilmembers were present: Rodin, Andersen, Baldwin, and present: Community Services Director DeKnoblough, Finance City Manager Fierro, Attorney Rapport, Executive Assistant Riley, 2. NEW BUSINESS 2a. Consideration and Approval of Letter and Ado California State Legislature Rejecting the Vehicle License Fee (VLF) Revenues and Restore the VLF Mayor Larson advised that he called this mt resolution to the California State Legislature, su Fees (VLF). Governor Davis' proposed budget include local VLF backfill payments over the next 17 months, the City of Ukiah by an were provided by Assembly m, be sent to selected leg JanUary 28, 2003 to Lee Clerk to the PropOsal Shift of Local Commitment to nt a letter and of Vehicle License diversion of $4 billion in icantly impact resolution approval, would )n are due by Discussion followed relative to the would be distributed, and the fin. Assistant Ci' office the VLF. M/S and ado Governor's legislators that the letters .... "~iiiii!!iiiii i~here be~l!!~"o further business, the Ma'~ie Ulvila, City Clerk he was informed by Senator Chesbro's the Governor's proposal regarding submit a letter, under the Mayor's signature, the California State Legislature rejecting the shift of Local Vehicle License Fee (VLF) revenues and to honor to restore the VLF; carried by the following roll call vote: AYES: Baldwin, and Mayor Larson. NOES: None. ~ilmember Smith. No one ca~"~ii~brward to address the City Council. S ON NON-AGENDA ITEMS Special City Council Meeting January 24, 2003 Page 1 of 1 meeting was adjourned at 5:12 p.m. ITEM NO. DATE: 6a February 5, 2003 AGENDA SUMMARY REPORT SUBJECT: ANNUAL REVIEW OF TRAFFIC SIGNALIZATION FUND FOR SOUTH ORCHARD AVENUE AND EAST GOBBI STREET SUMMARY: On May 16, 1990, the City Council adopted Resolution 90-47 (Attachment A) which established a traffic signalization improvement fund for the intersection of South Orchard Avenue and East Gobbi Street pursuant to Municipal Code Section 9543 (Attachment B). This fund was established in order to finance the construction of a traffic signal at the intersection of South Orchard Avenue and East Gobbi Street. The resolution provided that the fund was to be reviewed every five years after fees were collected and reviewed and reported on annually after the first five year period. This agenda item constitutes the annual report. The reserve of the signalization fund (Account 270.240.011 ) was $48,936.49 at the beginning of the last fiscal year. During that year, there was $2,875.70 accrued interest. Parcel APN #002-340-46, owned by Ukiah SSA Partners, was subdivided and developed and a fee of $7,237.73 was collected. The fund balance was $59,049.92 at the end of the 2001/2002 fiscal year of. This Report has been available to the public at City Hall as of January 17, 2003 BACKGROUND: Traffic impacts at this intersection are recognized and staff is committed to constructing the necessary intersection improvements within the next 2-4 years. In addition to constructing a new intersection complete with signalization, improvements will also include ADA-compliant pedestrian ramps and cross walk striping. Staff estimates it will cost $252,700 (today's dollars) to complete the noted traffic improvements. Increases in construction costs have been calculated in accordance with Engineering News Record Cost Index procedures pursuant to City Resolution 90-47. As stated previously the City currently has a fund balance of $59,049.92 in the traffic signalization fund (Continued on page 2) RECOMMENDED ACTION: Accept Report and Determine that South Orchard Avenue and East Gobbi Street Traffic Signalization Fund has been appropriately reviewed. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Requested by: Prepared by: Coordinated with: Attachments: APPROVED: N/A Tim Eriksen, Civil Engineer Diana Steele, Director of Public Works/City Engineer A. Resolution 90-47 B. Code Section 9543, C Map of Remaining Parcels to be Developed Candace Horsl'ey, Cit~/M'~nager for this project. The improvement fee is calculated on the basis of land use zoning and the intensity of traffic generated by each type of land use. The fees are shown in the table below. The area prescribed for the collection of fees includes properties adjacent to Orchard Avenue, from Marlene Street to Kings Court, and along East Gobbi Street, from U.S. 101 to approximately 250 feet westerly of Orchard Avenue as shown in Exhibit B to Resolution 90-47. Most of the affected parcels have been developed at this time, however eight undeveloped parcels remain (Attachment C). The undeveloped parcels that remain will contribute approximately $41,500 (today's dollars). There is no proposal to adjust the fee schedule at this time. The fees by land use zone were established and continue to be as follows: PD (R-2) Planned Development $763/acre PD (R-3) Planned Development $858/acre CL Light Commercial $7,894/acre CN Neighborhood Commercial $7,170/acre Staff recently secured STIP (State Transportation Improvement Program) funding in the amount of $131,000. These funds are to be available in the Fiscal Year 2004-2005. Their has been no indication that the Governor's Budget will preclude this disbursement. Staff will also be applying through Mendocino Council of Governments (MCOG) for additional infrastructure funds to supplement existing monies for the completion of this important capital improvement project. A summary of funding sources and estimated additional funding required is as follows: ESTIMATED COST FUND BALANCE ANTICIPATED FEES STIP AUTHORIZATION CURRENT SHORTFALL $252,700 59,050 41,500 131,000 ($21,150) RECOMMENDATION: Staff recommends that the Council accept and approve this annual report. Created by City of Ukiah C:\Projects\Public Works\Signalization Gobbi and Orchard\City Council Agenda Reportv2.doc Last saved byTim Eriksen 1 4 5 6 7 8 9. 10 11 1:2 13 14: 15 16 17 18 19 :~0 :~1 :2:2 25 :26 :27 RESOLUTION NO. 90-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING SOUTH ORCHARD AVENUE AND EAST GOBBI STREET TRAFFIC SIGNALIZATION FEE WITHIN THE CITY OF UKIAH WHEREAS, the City Council of the City of Ukiah has adopted Ordinance No. 882 creating and establishing the authority for imposing and charging off-site capital improvement fees within the City of - Ukiah; and WHEREAS, a "Traffic Signalization Study-Orchard Avenue and East Gobbi Street" (hereinafter "Study") has examined the impacts of contemplated future development on existing public facilities in a study area identified in the Study along with an analysis of the need for new public facilities and improvements required by this new development. The Study sets forth the relationship between new development in this study area, the needed faci'lities, and the estimated costs of those improvements. The Study was prepared by the Public Works Department of the City of Ukiah, is dated April, 1990, and attached herein and incorporated herein by this reference as Exhibit "A". WHEREAS, the Study was available for public inspection and review ten (10) days prior to the public hearing on this resolution; and WHEREAS, the City Council finds as follows: A. The purpose of this fee is to finance the Traffic Signalization of South Orchard and East Gobbi Street as described in the Study in order to reduce the impacts of increased vehicle and pedestrian traffic caused by new development within the Study area which is identified and described in the map of the study area, 1 3 4 6 7 8 10 11 12 13 15 16 17 18 19 20 21 22 24 25 26 27 28 attached hereto as Exhibit "B" and incorporated herein by reference. B. The traffic signalization fee collected pursuant to this resolution shall be used to finance only the public facilities described or identified in Exhibit "A", attached herein. C. After considering the Study and the testimony received at the public hearing, the Council approves the Study, and incorporates such herein, and further finds that the new development in the area identified in Exhibit "B" will generate additional vehicle and pedestrian traffic and require traffic signalization facilities. D. New development in the impacted area has or will create the need for traffic signals to service that area which has not been constructed. Said facilities have been called for in or are consistent with the City's General Plan. E. The facts and evidence presented establish that there is a reasonable relationship between the need for the described public facilities and the impacts of the types of development for which fees are established in Paragraph 3 below, for which the corresponding fee is charged. There is a reasonable relationship between the fee's use and the type of development for which the fee is charged. The fee charged to each development bears a reasonable relationship to the need for the public improvement contributed by the development. All of these relationships are in more detail described in the Study. F. The cost estimates set forth in Exhibit "A" are reasonable cost estimates for constructing these facilities, and the fees expected to be generated by new d~velopment will not exceed the total of these costs. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the 1 2 3 4, 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 City of Ukiah that: 1. Definitions' (a) "New development" shall mean construction of any new structures, such as, but not limited to, residential commercial or industrial structures. This shall not include additions or modifications to existing structures. (b) "Base' year" shall mean the first full year following the adoption of this resolution. 2. An Orchard Avenue and East Gobbi Street Traffic Signalization Fee shall be charged upon and paid prior to the issuance of any building permit for all new development in the benefit area depicted and described on the map attached hereto as Exhibit "B", except as otherwise specifically provided in Ukiah City Code Section 9543. The Community Development Department shall determine if the development lies within the benefit area, the type of development, and the corresponding fee to be charged in accordance with this resolution. 3. Fee. For new residential and commercial development, the base year fee per acre shall as follows: P.D. (R-2) Planned Development Residential Duplex (Medium High Density Residential) $763.00; P.D (R-3) Planned Development (High Density Residential) $858.00; C-! (Light-Commercial) $7,894; C-N (Neighborhood-Commercial) 24 $7,170.00. The fees established herein for the base year shall 25 increase each year thereafter based upon the Engineering News Record 26 Construction Cost Index. 27 4. Use of Fee. The fee shall be used solely to pay (1) for the 28 1 3 4 5 6 7 8 9 10 11 19~ 13 14 15 16 17 18 19 20 23 25 26 27 described public facilities to be constructed by the City; (2) for reimbursing the City for the development's fair share of those capital improvements already constructed by the City; or (3) to reimburse other developers who have constructed public facilities described in Exhibit "A" attached hereto, where those facilities were beyond that needed to mitigate the impacts of the other developers' project or projects. 5. Fee Review. If any fees collected pursuant to this resolution remain unexpended five (5) years after collecting any such fees, the City shall review the fees if and as required by Government Code Section 66001(d) or any amendments thereto. If some, but not all, fees collected pursuant to this resolution are expended as authorized herein, it shall be conclusively presumed that the fees first received are the fees first expended. 6. Judicial Action to Challenge this Resolution. Any judicial action or proceeding to attack, review, set aside, void, or annul this resolution shall be brought within 120 days from the date this 16th day of May , 1990, resolution is adopted. PASSED AND ADOPTED this by the following roll call vote: AYES' NOES: ABSENT: Councilmembers Wattenburger, Shoemaker, Schneiter, [tickey and Mayor Uenderson None EXHIBIT "A" TRAFFIC SIGNALIZATION STUDY - ORCHARD AVENUE/EAST GOBBI STREET General Area of Benefit subject to Development Fee: Orchard Avenue, from Marlene Street to Kings Court and East Gobbi Street, from U.S.101 freeway to a point approximately 250 feet westerly of Orchard Avenue. See map attached. 23.97 Acres Description of Public Facility to be Constructed Install 8-phase traffic signal with electronic controller, traffic sensor loops, signing, striping and concrete handicap pedestrian ramp facilities. Cost of Improvements, (Estimated January 1990) Construction Cost Engineering (10%) Administration TOTAL AMOUNT $162,000 16,200 4,000 (1) $ t82,200 PROPOSED DEVELOPMENT FEE BY LAND USE ZONE AS FOLLOWS: (2) ZONING PD (R-2) PLANNED DEVELOPMENT VD (R-3) PLANNED D, EVELOPMENT C1 LIGHT COMHERCIAL CN NEIGHBORHOOD COMMERCIAL AMOUNT OF FEE/ACRE $ 763.00 858.00 7,894.00 7,170.00 (1) Estimated Administrative cost is intended to include all Staff costs such as initial Study, periodic review of fee, application of fee to specific parcels, and overhead costs. (2) Subject to annual adjustment based upon "Engineering News Record" Construction Cost Index. For administrative efficiency the basis for apportioning costs in this Study Area is the relative size (acres) of parcel because traffic generally occurs in relation to zoning of parcel. ZONE *PD (R-2) *PD (R-3) C-1 C-N VEIIICLES/ ACRE 29.0 t43.5 120.0 109.0 TRAFFIC IblPACT STUDY - ORCtIARD AVENUE/EAST GOBBI STSEEI' SIGNALIZATION IMPROVEMENT FEES VEHICLE GENERATION ANALYSIS VEIIICLE- TRIP VEIIICLES- NET AREA TRIPS ADDED FACTOR TRIPS/ACRE (ACRES) BY DEVELOPMENT 4 116.0 4.74 550 3 130.5 7.97 1040 10 1,200.0 5.76 6912 10 1,O90.O 5.50 -5995 % OF VEH.-TRIPS ADDED BY DEVELOPMENT 3.79% 7.17% 47.68% 41.35% 23.97 14497 100.O0% ORCUARD AVENUE TRAFFIC TtlROUGH INTERSECTION Present No. of Vehicles, ADT Traffic Equation: 6600 % Computation: Estimate of Total Added Vehicles (a) Total Vehicles Through Signal, ADT + 7248 = 13848 7248 + 13,848 = 52.34% Development Share of Signals: 52.34% x $182,200 = $95,366 % OF VEtIICLE DEVELOPMENT TRIPS ADDED BY SI~RE OF FEE/ ZONE DEVELOPMENT SIGNALS ACRES ACRE 't *I'D (R-2) 3.79% $3,617 4.74 $763 *PD (R-3) 7.17% $6,842 7.97 $858 C-1 47.68% $45,470 5.76 $7,894 C-N 41.35% $39,437 5.50 $7,170 100.00% $95,366 FOOTNOTES: *PD (R-2) (Multi-Family Residential) Med. lligh Density Residential per Land Use Map *PD (R-3) (Multi-Family Residential) High Density Residential per Land Use Map (a) Assumed at 50% of total vehicles added by development (not all ne~ development traffic ~lll use Intersection) R: I'W9 -2- 1990 VACANT PARCELS SOUTH ORCHARD AVENUE/EAST GOBBI STREET TRAFFIC SIGNALIZATION STUDY AREA EST'D PARCEL OR PORTION FEE/ AREA/SIZE EST'D OF, A.P.# ZONE ACRE ACRES FEE (3) 003-582-04 C-N $7,170 0.28 $ 2,008 179-050-29 C-N' 7,170 2.81 20,149 179-050-30 C-N 7,170 2.4I 17,281 003-582-05,06 PD(C-1) 7,894 0.28 2,210 003-582-07 " PD(C-1) 7,894 0.35 2,763 180-030-23 PD(C-1) 7,894 0.29 2,289 003-582-08 PD(C-1) 7,894 0.18 1,421 179-050-25 C-1 7,894 0.60 4,736 179-050-27 C-1 7,894 2.03 16,025 179-050-28 C-1 7,894 2.03 16,025 003-582-09,10 PD(R-2) 763 0.24 183 003-582-11,12 PD(R-2) 763 0.24 183 003-582-13,14 PD(R-2) 763 0.24 183 003-582-15,16 PD(R-2) 763 0.35 267 003-582-17,I8 PD(R-2) 763 0.47 359 180-030-11 (MHD) PD(R-2) 763 0.93 710 180-030-16 (MHD) PD(R-2) 763 0.86 656 180-030-25 (MHD) PD(R-2) 763 1.41 1,076 180-030-11 (HD) PD(R-3) 858 3.16 2,713 180-030-16 (HD) PD(R-3) 858 2.63 2,258 180-030-25 (HD) PD(R-3) 858 2.18 1,871 23.97 $95,366 (3) See Ordinance No. 882. This column represents the total amount of funds that the City expects to collect, over time, from this fee as applied to vacant parcels. R:PW9 S'~RCE T C-/ LEGEND STUDY AREA BOUNDARY EXItlDIT ~0" PORTION AFFECTED PROPOSED FEE OY 'C~ITY or UKI[AH 9543: I~S'I'AhlMSi IMENT OF CAPITAl., IMI~I~.OVEMENT I:I:,ES: 9543: ESTABLISHMENT OF CAPITAL IMPROVEMENT FEES: Pagc loll A. Creation by Resolution: By resolution the City Council shall establish such capital improvement fees as it determines are necessary to contribute toward the financing of public facilities. Each such resolution shall: 1. Establish and describe the benefit and impact area within which the fee shall apply; 2. Set forth the specific amount of the fee; 3. List the specific public improvement or improvements to be financed; 4. Describe the estimated cost of these facilities, and associated costs such as necessary engineering services and administrative costs; 5. Describe the reasonable relationship between the fee and the types of new development to which it will apply; 6. Set fodh the time when the fee must be paid as follows: a. As to residential development that time shall not be sooner than the date of final inspection or the date the certificate of occupancy is issued, whichever occurs first. The City shall not furnish utilities to occupants of any such residential development pdor to final inspection and the issuance of a certificate of occupancy. The City shall disconnect utilities furnished to a residential development if that development is occupied prior to final inspection and the issuance of a certificate of occupancy. In accordance with the §§2136 to 2137, the City shall revoke the business license issued pursuant to Division 2 of this Code to any person (as defined in §2100) engaged in a business (as defined in §2101), if such person participates as seller, broker or otherwise in the sale of a residential development to an occupant of that development before final inspection and issuance of a certificate of occupancy. The City shall not issue a new business license to a person whose license is revoked as provided herein for a period of two (2) years. b. As to all other development that time shall be at the time a building permit is issued. c. No certificate of occupancy or building permit, as appropriate, shall issue until the required fees are paid. "Building permit," "final inspections," and "certificate of occupancy," as used in this Section, have the same meaning as described in Sections 301,305, and 307 of the Uniform Building Code, International Conference of Building Officials, 1985 Edition; 7. Set fodh the method for reviewing or modifying the fee or its use. B. Procedure: The City Council shall adopt each resolution according to tile following procedure: 1. Tile resolution shall be adopted at a public hearing at whicll any person may appear in person or in writing. 2. A fee study establishing tile reasonable rolafionshif~ between tile fee.and oact~ parcel of properly to whict~ it will apply shall be available for public inspection for at least ton (10) days prior to tho hearing. 3. Notice of tile hearing shall be published in a newspaper of general circulation within tile City ten (10) days prior to tho hearing. Tho notice shall describe the public facilities to be financed witl~ tile foe, the are within wificl~ tile fee will ar)ply, the amount o[ the foe, and the times and location wl~ore ti~o fee study is availat)lo for public inspection. (Ord. 882, §2, adopted 1988) 121')12( 0 "Exhibit C" Traffic Signalization Study Orchard Ave./East Gobbi St. z OBB% Sr. I I I 425 850 Legend l~ UndevelOped Parcels ~ Traffic Singal Fund Parcels tParcels I Feet 1,700 ITEM NO. 6b DATE: FEBRUARY 5, 2003 AGENDA SUMMARY REPORT SUBJECT: REJECTION OF CLAIMS FOR DAMAGES RECEIVED FROM OTIS MEADOWS AND AMERICAN TIRE DISTRIBUTORS AND REFERRAL TO JOINT POWERS AUTHORITY, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND The claim from Otis Meadows was received by the City of Ukiah on January 9, 2003 and alleges damages related to vehicle towing at 180 Thomas Street on November 16, 2002. The claim from American Tire Distributors was received by the City of Ukiah on January 13, 2003 and alleges damages related to a traffic incident at 753 South State Street on December 30, 2002. Pursuant to City policy, it is recommended the City Council reject the claims as stated and refer them to the Redwood Empire Municipal Insurance Fund (REMIF). RECOMMENDED ACTION: Reject Claims For Damages Received From Otis Meadows and American Tire Distributors And Refer Them To The Joint Powers Authority, Redwood Empire Municipal Insurance Fund. ALTERNATIVE COUNCIL POLICY OPTIONS: Alternative action not advised by the City's Risk Manager. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Yes Claimants ~ Michael F. Harris, Risk Manager/Budget Officer Candace Horsley, City Manager 1. Claim of Otis Meadows, pages 1-4; 2. Claim of American Tire Distributors, pages 5-10. APpROvED: Candace H~rsley, bit1 mfh:asrcc02 1218CLAIM Manager NOTICE OF CLAIM AGAINST ~"'~ ~ THE CITY OF UKIAH, CALIFORI~ _IA_~T_~5~....~..':~t;.!~ .. This claim must be presented, as prescribed by Parts 3 and 4 of Division 3.6, of Title 1, State of California, by the claimant or by a person acting on his/her behalf. RETURN COMPLETED FORM TO: 1. CLAIMANT'S NAME: 2. CLAIMANT'S ADDRESS: CITY OF UKIAH Attn: City Clerk 300 Seminary Avenue Ukiah, California 95482 Number/Street and/-~r P~ost Office Box City State H~me Phone Number OITY OF UKIAH CITY CLERK'S DEPARTMENT ( Zip Code Work Phone Number m PERSON TO WHOM NOTICES REGARDING THIS CLA~I~ SHOULD BE SENT (if different from above): Name / - -- Number/Street and/or Post Office Box Telephone m m C~ DATE OF THE ACCIDENT OR OCCURRENCE: PLACE OF ACCIDENT OR OCCURRENCE: /~<~ State Zip Code , GENERAL DESCRIPTION OF THE ACCIDENT OR OCCURRENCE (Attach additional page(s), if more s a.~.~,~is needed): ___- · NAME(S~, if known,,~F A.N~Y P~U. BLIC EMPLOYEE(S) ALLEGEDLY CAUSING THE INJURY OR LOSS: Se WITNESS(ES), ff known (optional): Name . ' , a. Address Telephone be -t- Se DOcTo R(s)/HOSPITAL(S), ff any, WHERE CLAIMANT WAS TREA TED: Name Address a. Telephone bm 10. 11. GENERAL DESCRIPTION OF THE INDEBTEDNESS, OBLI~ON, INJUR~, DAMAGE OR LOS/S, so far as it may be know_ n at the fime ofp(esentafion of the cla_im: . (J~l')(J/'~[ q(_~.%'~7-, STATE THE AMOUNT CLAIMED if it totals less than ten thousand dollars ($10,000) as of the date of presentation of the claim, including the estimated amount of any prospective injury, damage or loss, insofar as it may be known at the time of the presentation of the claim, together with the basis of computation of the · amount claimed (for computation use #12 below). However, if the amount claimed exceeds ten thousand dollars ($10, 000), no dollar amount shaft be included in the claim. However, it shaft indicate whetherthe claim would be a limited civil case (CCP § 85)." Amount Claimed $ (L.~"~_~ '~t.~ ~)~ or Applicable Jurisdiction 12. THE BASIS OF COMPUTING THE TOTAL AMOUNT CLAIMED IS AS FOLLOWS: a. Damages incurred to date: $ Expenses for medical/hospital care: Loss of earnings: Special damages foc General damages: b. Estimated prospective damages as far as known: $ Future expenses for medical and hospital care: $ Future loss of eamings: $ Other prospective special damages: $ Prospective general damages: $ This claim must be signed by the claimant or by some person on his/her behalf. A claim'relating to a cause of action for death or for injury to the person or to personal property or growing crops shaft be presented not later than six (6) calendar months or 182 days after the accrual of the cause of action, whichever is longer. Claims relating to any other causes, of aGfion shaft be presented not later than one (1) year after accrual of the cause of action. Dated: /./ ~/ D ~ ~. Received in the Office of the City Clerk this C.["~ day of ~'~ ~ ~ 20 O~ . NOTE: This form of claim is for your convenience only. Any other type of form may be used if desired, as long as it satisfies the requirements of the Government Code. The use of this form is not intended in any way to advise you of your legal rights or to interpret any law. If you are in doubt regarding your legal rights or the interpretation of any law, you should seek legal counsel of your choice at your own expense. Rev. 2000 C~C~ of This report must be completed and delivered to the City Manager via the Department Head immediately after an incident. All accidents or incidents involving injury to persons (other than injury to City employees in the line of duty) and damage to property occurring on or as a result of the operation of City-owned property or City activities are to be reported on this form. I. DESCRIPTION OF INCIDENT A. What happened? ~ L~ ~) ! ~_~/t~ L~ ~'fl ~"~'t~ ~ ~ ~ ~ ~ } ,~- ~, C. Date and time of incident: ~ t~/C~'. ' }////b?~." ~- D. Principles involved in the incident (indicate if City employees); in ease of minor add parent's or guardian's name: Name [Address I Phone [Age E. Witnesses (indicate if City employees): Name I Address I Phone lAge II. BODILY INJURY A. Name(s) of injured party/parties: B. Description of'~: ~ "~ fid ~// III. PROPERTY DAMAGE A. Owner of damaged property (in case of vehicle damage, indicate also vehicle license number, make, and model): Name Address I Phone I B.' Description lof property damage: IVi OTHER PERTINENT INFORMATION In this section report important facts not covered in the previous section (and anything out of the ordinary pertaining to this case). V® REPORTING PERSONNEL A. City employee making report: B. Department: C. Date and time ofreport: y~'/~ D. Did police investigate incident: F1 Yes D. Was claims adjuster contacted: Fl Yes ~No ~No Signa~re of bepattme~t or Division Head , . ' NOTICE OF CLAIM AGAINST ' - -!i ....... This claim rnu~t be prssented, as prucdbed by ~ 3 end 4 of Oiv~on ~ ~, of W~ ;~ ~ ' _ _ '" . ~ Afro: City Clerk 300 SeminaW Avenue cn'Y OF:LtKIAH Ukiah, California 9~482 C~TY CLERK'S D~PAR'FMENT ~ , C~IMA/IT'~ HAME; . ,. ~. .~ .. ~ .~., .....,.~ ..... ~ .//.. ,.,.. ..... :;~ , '-: ~ ,, _ .~.~ · , _ .- , ~: 2. 3: CLAJMANT'S ADDRESS: --- '-.-:_.."d _ State i i i l- -- · ~ r . ~ bt,/~,, . - __ Work Phone iNumber PERSON TO WHOM NOTICES REG, ARDINf~, THIS CLAIM SHOULD BE SENT (If dkffa:r Name : ........ ~~_~-<~' ~6~~- ,__~ N~be~lreet ,n~or Post O~ce BoX - ' State 4. DATE OF THE ACCIDENT OR OCCURRENCE: '. /~,~_ - ~ ~:~ ---,:~ ~ . _ PLACE OPACCIDENT OR OCCURRENCE: 7:'3 ~', 5~7.,c_ ~!~' ?/'~*~ ,'-? 1 tnt from above): : 'k.. .. . ~',o Code ', _zT~., ?.../-; ....,:C,,~_. ' . GENERAL DESCRIPTION OF THE ACC/DENT OR OCCURRENCE (Attach addifJoilal p ige(s), ff more' space Is neede¢O. ' : . : ~ .. · . ' : ~, / ~., ~/.~.3 ~.~ ~ ~.~.~~-//' ~ .'.: <-~, .-~'- ~./_ ,_ ',: ,. ..... ZZ;.. ,. _ - ' .... ~ ........ ~'~ " ' ~ -- .~/.-~/ ':~-- ~-/,~ t'~ ~ ~ ~' ,~t'~ ~ ~'/~ :' ~ ~ '1 ~ ~ ' _ -~ - -- -, ~ . ........... 7 . ._ (. .n ......... e .... . ~c~,,..~.~<~ ~-~ /~-~,~, /T /~-~-' ~.-~k- ~.~., ,.--/~;..~ ~ _. '~ . ': :~ ....~- .... ~_ ~, , ,-/ ~/ ~ _, ~. - " - ........... :~_ -.- -~. -'- . t ~ .; ....... I ' ~:. x'~ ~'- :~'7.' ,..~-,.:~ .... /~/,~.,'-~-~.~ ~'_/~.- Z-/'~ 7/~ /<~,~',~,~ .,~,~ '" ~'~/~' -.' --~' , - - : ' ' ~. - '' ' . ' - ~_ _ . : ~ . NAME(S), ff &now& OF ANY PUBIC EMPLOYEE(~) ALLEGEDLY CAUSING THE INJC RY OR LOss: a. W~NES$(ES), If known (optional): Name , Address a. 9. DOCTOR(S~HOSP/TAL(S), ~ a~, WHERE C~/~~ ~me Address zig 'l Teleph. ene 1 · · · · · .. · · :SuolnBIU/SIO 3UI/ N¥OIU3~¥ 'A~ /N35 !00@8C~80~ t0. GENERAL DESCRIPTION OF THE INDEBTEDNE$$~ OBUg3ATION, INJURY, DAM. AG as it may be known et th.~e time ef presentat[on<.~[.~Jhe claim: /~ ~-~, · ..... . -_ ,~_~ i i i i i , . i, ,~... mil ~ i i ~ _~ i ' ( . 11. STATE THE AMOUNT C~IMED if R totals less than ten thousand dollaA (810,~O) ~se~taUon of the claim, including the esNmated amount of any pm=~cti~ ~u~, demi as ~ may ~ ~own at ~he b~ of the presentation of the claim, toge~herwith amount claimed (for ~mputetion use ~12 below). Howevec if the amount ~l~d ex~. dollaA (S10,000), no dollar a~un~ shaft ~ indu~ in the claim. Howevec H shall indicate ~uld ~ a ii, led dvtl case (CCP ~ 85).' . THE BASIS OP COMP~ING THE TOTAL AMOUNT CLAIMED IS AS Fo~ow$: a. Damag~ incu~d fo date: Ex~n~e~ for ~di~l~o~pNal ca~: L~s of earnings: S~clal demage= fog ~ - - - ' ~ - j . , .... - b. E~ima~d pr~pecgve damages as far es known; Futura ex~ses ~r ~dical and hospital cam: Putum I~s ef earnings: · . O~herpm~cti~e ~pe~ial ~a~ges: $ '~ - ' Pme~Ne ~eqeml dam~es: $ · , This claim must be ~iDned by the ~iimant or by some ~Aon On ~i~er be~l~ ~ OR LOSS so far · as of the date ':of ige gr loss, inso'.far :ompu~ation of the ~ds lan thousand whether the claim · qg to a cause of ed not later tha;t st~ (6) calendar .months or f 82 days after the accrual of the cause of act[on, whiche~er is Iong~. Claims rela#ng. to any other causes e! action shall be presented not later than one (f.).y?er after ' - - i i i , ii - ~ece~e4 ~ fha ~e e~f~e Clt~ ~ ~i~ ~ day ~ .... /~L/'~./:,..~-..~'.. Z:. ~:./.. _, 2~~. ,. ,'7 ( -'~ ./ , (-:'.- . ~ .:, NO~: rh~ ~ ~f ~alm Is for your convenlen=~ only. Any o~her ~a of fo~my b~ ~ed ~ d~ ~d, ~ long as it:: ~~ ~e r~uir~en~ of ~e Government Code. ~e use oF ~ fo~ I$ not inf~d~ ~ur l~ H~ ~ ~ ~~ ~y law. ~ ~ ere in doubt ~ger~ng y~ legal Hgh~ or ;he info.ret ;~on of any la~, * ~u ~euld seek legal ceuns~ ef your ~olce at your awn exp~e, ', ReV. 5/18~ , NVOI~I3~V :AB .LN~S ' UKIAH POLICE DEPARTMENT 300 Seminary Avenue, Ukiah, CA 95482 CASE DATE: VIOLATION/S: LOCATION: INVOLVED PARTY' DOB: ADDRESS: PHONE: PRELIMINARY REPORT CASE #02-4140 12/30/02 Incident report involving city property Large tree at 753 S. State Street, Ukiah Robles, Femando Lopez 513011943 2710 Puccini Avenue, San Jose CA 95122 INVOLVED VEHICLE: 2000 Freightliner, California license plate #6F84743 NAKRATIVE: On 12/30/02 at approximately 0741 hours, I was dispatched to the 700-block of South.:~ :tare Street regarding a vehicle that hit a tree. Upon arrival, I contacted Mr. Femando RobM~ who advised that he was northbound in the number-two lane on South State Street and was approaching the listed tree, located on the east side of the stroct next to the sidewalk. 11~ said the wind was blowing and it was raining, and he saw the tree limb moving up and down. FI~: felt he had enough room to drive underneath it and not flit the limb. Aa Mr. Robles drove under the tree, he felt his truck start to move and he stopped. Fern~.ndo said the wind blew the large limb down iow enough so that it hit the top right front portion ~ his truck causing a large basketball-sized dent in the top of it. Robles remained :with his v61)icle at the location and called the police. I took photographs of the vehicle, which are attached to this report and entered the ph0tpgraphs into RMS. It was not an accident due to the stormy conditions causing the large the tre,,~ flimb to fall. The large tree branch was about 40-foot long in size causing the damage to this vd~icle. , 'i The city of Ukiah street department was on scene and assisted in removing the tree lim~. . ~ RECOMMENDATIONS: '! Documentation report and a copy to city street department. Upd/jmmg Ofc. Dan D: 12/30/02 @ 0818 T: t2/30/02 ¢2~ t020 Oft- Dan Lockan. #B38 t/PD CASE # 02-4140 ... ~'- /./8 !~tl0.Lrlf]ItIJ.$IQ ::itlI.I. NY~Ttl31Al¥ :^~i .LN3S I aigll J, mIT,.l~il'illlam~ mmf~f,A mW I-I VICTIM OF VIOLENT CRIME 0 DOI~gl*~ VIOLENCE [] HA~ CRIME I'1 SFr. I~OR CI*E. EN INVOLVED [] OFFICF. R INJURED I KILLED ONONE CLOSED BY ~T [] INAIC'T1V~ GOPIE~ ~ 8uBHrr FOR PROSECXm(~ 0 I~=PORTING OFC F/U 0 ABC [] CPS DO(~iVlEli~'ATION r"l PATROL FAJ l-! ADULT PROB UNFOUNDED 00ETECT1VE RAJ NO I~OSI~CUTION DESIRED O ISSUED IN ERROR J~OET C) OA OUt:SO n~s 0 MC'n: 0 FWmCE 0 JUV Pla~ I FAX TO: AUDIO & VIDEO NOT USED IdOOE'- y, EAi~i ENGINE ~~ TRUCK STOP :30~.,.,., BOPY SlIOP, IHC. ,~ .... -~ ~ LICENSE ~ILEAGE I DESCRIPTION OF REPAIRS PART NUMaER i S~'PPLIE8 :0 I /. //. :iD'Vd -',N, i .t I k_ I . ,dB . ' --T- ..... I' ' : % ? .- , q,~n[cui ru[[~c uci~a ~IlII:~IIL 2303 ii EYES BALANCE. SWAY ~)~ DRCX3PY EYELID'~ STAGGER t4 I::] CONIINUED ON NEXT PAGE I, JFq~ ~ Report. C~ql o] (Remid Ap. 2m2) ! 0098~1;'~80'P . ~WI.L NVOIW2~V '^8 ITEM NO. 6¢ DATE: February 5, 2003 AGENDA SUMMARY REPORT SUBJECT: AWARD OF BID FOR LIQUID POLYMER-ALKYAMINE TO POLYDYNE. INC. FOR THE SUM OF $13,200 Each year it is necessary to purchase approximately 30,000 pounds of liquid polymer-Alkyamine. Liquid polymer-Alkyamine is used to aid the filtering of the water at the wastewater treatment plant. This product has proven to provide the most efficient and cost effective filter process. Total quantities are an estimate of annual usage. Orders are placed on an as needed basis by wastewater treatment plant personnel. Requests for Quotations through the formal bid process were sent to seven chemical suppliers. Three bids were returned and opened by the City Clerk on January 23, 2003. The Iow bid is from Polydyne, Inc. at $0.44 per pound and a total amount based on estimated usage of $13,200. $122,000 is budgeted in the Sewer Account 612.3580.520.000 for the purchase of chemicals. There are currently no local suppliers for this chemical. RECOMMENDED ACTION: Award the bid for liquid polymer-Alkyamine to Polydyne, Inc. for the sum of $0.44 per pound. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject bids and refer back to staff. Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Prepared by: George Borecky, Water/Sewer Operations Superintendent Coordinated with: Candace Horsley, City Manager Attachments: 1. Tabulation of Bids Candace Horsley, Cit'y'~anager Jan 2003 TABULATION OF BIDS FOR LIQUID POLYMER ALKYAMINE BIDDER PRICE PER POUND ESTIMATED TOTAL Polydyne, Inc. CIBA Specialty Chemicals Degussa $0.44 80.465 $0.48 $13,200 $13,950 $14,400 ITEM NO. DATE: 6d February 5, 2003 AGENDA SUMMARY REPORT SUBJECT: RECEIVE AND FILE REPORT REGARDING' THE PURCHASE OF LIQUID POLYMER EMULSION FROM POLYDYNE, INC. FOR THE SUM OF $.647 PER POUND Each year it is necessary to purchase approximately 12,000 pounds of liquid polymer emulsion. Liquid polymer emulsion is used in the sludge thickening process at the wastewater treatment plant. Total quantities are an estimate of annual usage. Orders are placed on an as needed basis by wastewater treatment plant personnel. Requests for Quotations through the formal bid process were sent to seven chemical suppliers. Three bids were returned and opened by the City Clerk on January 23, 2003. The Iow bid is from Polydyne, Inc. for the sum of $0.647 per pound and a total amount based on estimated usage of $7,764.00. $122,000 is budgeted in the Sewer Account 612.3580.520.000 for the purchase of chemicals. Based on our purchasing policies, we are giving the City Council the required notification of this action. RECOMMENDED ACTION: Receive and file report regarding the purchase of liquid polymer emulsion from Polydyne, Inc. for the sum of $0.647 per pound. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Darryl L. Barnes, Director of Public Utilities George Borecky, Water/Sewer Operations Superintendent Candace Horsley, City Manager 1. Tabulation of bids Candace Horsley, City I~anager January 2003 TABULATION OF BIDS FOR LIQUID POLYMER EMULSION BIDDER PRICE PER POUND ESTIMATED TOTAL Polydyne, Inc. Ciba Specialty Chemicals $0.647 $0.785 $7,764.00 $9,42O.OO Degussa $0.79 $ 9,486.00 AGENDA SUMMARY ITEM NO. DATE: February 5, 2003 REPORT SUBJECT: APPROVAL OF SOLE SOURCE PURCHASE OF FORENSIC EVIDENCE EQUIPMENT FROM ASTEC MICROFLOW IN THE AMOUNT NOT TO EXCEED $14,000 On November 7, 2001 the Ukiah Police Department presented a spending plan to the Ukiah City Council and a Public Hearing was conducted concerning a COPS funding grant. At that public hearing, the Police Department presented plans for its anticipated new evidence facility within the City of Ukiah's Civic Center addition. Included in those plans was the establishment of a planning committee to research and propose needed processing and evidence related items for the addition. As a result of the planning committee's research, the Police Department has developed a plan for equipping the new evidence facility. Included in this plan is the purchase of a Forensic Evidence Drying Cabinet and a Fuming Tank. A Forensic Drying Cabinet allows staff to collect and dry clothing and related items of evidence for further processing. In order to protect staff members from airborne pathogens, a ventilation system for this piece of equipment is required. A Fuming Tank allows staff to develop latent fingerprints on items of evidence using several techniques. This tank also requires a specific ventilation system to protect staff members from dangerous chemical exposures. Through extensive staff research, we found that ASTEC Microflow has developed these specific items in semi-portable designs, using internal filtration systems. Competing systems require external permanently installed filtration/ventilation systems to protect from harmful airborne pathogens. The ASTEC systems use internal HEPA (High Efficiency Particulate Air) filter systems to protect staff, and alarm systems to warn operators. In addition, these systems can be moved without installing expensive external filter systems at a new location, thus allowing the department to relocate these items in the future if needed. Because of these advantages, staff recommends the sole source purchase of these items from ASTEC Microflow. RECOMMENDED ACTION: Approve Sole Source Purchase from ASTEC and expenditure from 205.2001.800.000 in the amount not to exceed $14,000. ALTERNATIVE COUNCIL POLICY OPTION: Provide staff with alternate direction. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Ukiah Police Department Chris Dewey, Police Captain and John McCutcheon, Detective Sgt. Candace Horsley, City Manager and John Williams, Police Chief None APPROVED: Candace Horsley, City'~anager AGENDA SUMMARY ITEM NO. DATE: REPORT February 5, 2003 SUBJECT: ACCEPT THE WORK AS COMPLETE FOR CLASS 2 ASBESTOS WORK AT 410 WAUGH LANE, UKIAH, SPECIFICATION NO. 02-28, AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION WITH THE COUNTY RECORDER SUMMARY: The Work of the Contract for the Class 2 Asbestos Work at 410 Waugh Lane (also referred to as 410 Talmage), Ukiah, Specification No. 02-28 (The Project), was physically completed on December 5, 2002 by AFM Environmental, Inc. (The Contractor) in substantial compliance with the Contract Documents. The Contract was awarded to the Contractor on November 6, 2002. The final contract amount is $11,480 and no change orders were issued. Payment made to the Contractor for the Work completed is based on a lump sum price bid. A Final Payment consisting of the retention in the amount of $574 will be made to the Contractor 35 calendar days after the Notice of Completion is recorded with the County Recorder pursuant to the provisions of the Contract Documents. The authorized budget amount for the project and the subsequent demolition of the structure includes $23,290 within budget account 699.3110.800.022 for fiscal year 2002-2003. The demolition of the structure was awarded to Mendocino Construction Services, Inc. in the amount of $8,436 on December 4, 2002. A letter to the Contractor concerning an agreement to delay the Acceptance of the Project until the structure was demolished is attached to the staff report for Council's information. The structure and site improvements were demolished and removed on January 16, 2003. RECOMMENDED ACTION: 1. Accept the Work as complete. 2. Direct the City Clerk to file the Notice of Completion with the County Recorder for recordation. ALTERNATIVE COUNCIL POLICY OPTION: None Requested by: Diana Steele, Director of Public Works/City Engineer Prepared by: Rick Kennedy, Project Manager Coordinated with: Candace Horsley, City Manager Attachments: 1. Notice of Completion for Class 2 Asbestos Work at 410 Waugh Lane, Ukiah, Specification No. 02-28 2. Proposed Final Estimate accepted by the Contractor 3. Letter to AFM Environmental dated 1/8/03 concerning the delay in the Acceptance of the Project APPROVE~~..~I. ~-~~ Candace Horsley, ~ty ~lanager Please Return To: CITY OF UKIAH 300 Seminary Avenue Ukiah, California 95482 (707) 463-6200 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN: 1. That the real property described is owned by the following Municipal Corporation whose address is: City of Ukiah, a Municipal Corporation 300 Seminary Avenue, Ukiah, California 95482 2. That the nature of the title to the Class 2 Asbestos Work at 410 Wauqh Lane, Ukiah, Specification 02-28 of said owner is that of fee simple. 3. That on the day of December 5, 2002 the physical work of the Contract was actually completed and that on February 5, 2003 the City Council of the City of Ukiah accepted the Work as complete. 4. That the name and address of the Contractor is AFM Environmental,'lnc., 852 Northpoint Drive, Suite 106, West Sacramento, California, 95691 5. That the real property herein referred to is situated in the County of Mendocino, State of California and is described as City owned property located at 410 Talmage Road, Ukiah. CITY OF UKIAH, a Municipal Corporation BY: Marie Ulvila, City Clerk STATE OF CALIFORNIA COUNTY OF MENDOCINO Marie Ulvila, being duly sworn says: That she is the Clerk of the City of Ukiah City Council, that she has read the foregoing Notice of Completion and knows that the content thereof and the same is true of her own knowledge. Marie Ulvila, City Clerk Subscribed and sworn to before me, Peggy Yee, Notary Public, this day of ,2003. Notary Public in and for the County of Mendocino, State of California ~ c January 8, 2003 Mark Gillming Construction Manager AFM Environmental, Inc. 852 Northport Ddve, #106 West Sacramento, California 95691 Re: Class 2 Asbestos Removal at 410 Waugh Lane, Ukiah Specification No. 02-28 Dear Mr. Gillming: The purpose of this letter is to summarize your previous telephone conversation with Rick Seanor conceming the requirement of a Maintenance Bond for the referenced project and to provide you with the status of the demolition of the residential structure at 410 Waugh Lane. You had asked Rick Seanor if it was necessary that an executed maintenance bond be submitted to the City in light of the fact that the structure was scheduled for demolition in the very near future. As you are aware, the maintenance bond was to be effective for one year from the date the project was completed or until the s~ucture was demolished whichever occurred first. It was agreed that the maintenance bond would not be necessary if the City delayed the acceptance of the referenced project and the filing of the Notice of Completion until Mendocino Construction Services demolished the structure. Pursuant to that verbal agreement, City staff has not presented the referenced project to the City Council for acceptance. The start of demolition was scheduled to begin last Monday, January 6, 2003. However, it was necessary for the demolition contractor to re-schedule the start for Monday, January 13, 2003. If the demolition occurs on the re-scheduled start date, staff can present the referenced project to the City Council for acceptance at their regular meeting of February 5, 2003 and final payment can be made 35 calendar days from the filing of the Notice of Completion by the County Recorder. The approximate date for the final payment would be March 14, 2003. Be advised that inclement weather could delay the start and completion of the demolition project and that you still have the option to submit an executed Maintenance Bond to the City. Sincerely, ick Kennedy Project Manager ITEM NO. 6g DATE: February 5, 2003 AGENDA SUMMARY REPORT SUBJECT: AWARD OF BID FOR SEWER MAIN LINING TO PACIFIC LINERS FOR THE SUM OF $30,492 Included in the 2002-03 Budget, Account No. 612.3510.810.000 and 612-3510-811.000, is a total $31,000 to install plastic liners in two badly deteriorated sewer mains. Specifications were written and Requests for Quotations through the formal bid process were sent to three contractors and five builder's exchanges. Two bids were returned and opened by the City Clerk on January 28, 2003. The lowest bid is from Pacific Liners for the sum of $30,492. RECOMMENDED ACTION: Award bid for the sewer main lining to Pacific Liners for the sum of $30,492. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject bids and remand to staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Darryl L. Barnes, Director of Public Utilities George Borecky, Water/Sewer Operations Superintendent Candace Horsley, City Manager 1. Tabulation of Bids Candace Horsier, City~M anager JANUARY 2003 TABULATION FOR SEWER MAIN OF BIDS LINING 1. PACIFIC LINERS $30,492.00 2. HIGH TECH PIPELINE $32,186.00 Item No. 6h. Date: February 5, 2003 AGENDA SUMMARY REPORT SUBJECT: NOTIFICATION OF EMERGENCY PURCHASE FROM BEARING ENGINEERING COMPANY FOR FOUR GEARBOXES WITH MOTORS AND ACCOMPANYING DRIVE SPROCKETS, IN THE AMOUNT OF $11,443.36 The motors and gearboxes which operate the sludge collection mechanisms on the Wastewater Treatment Plant primary clarifiers are the original units installed in 1958. These units run continuously, 24 hours a day, 365 days a year. Failure to run can result in severe upset to the Plant's performance. Parts for these units have not been available for some time. In the past staff was able to fabricate some parts to keep the units operational. Recent failures have occurred and repairs are no longer possible. Immediate replacement of the mechanisms was required. Three companies were contacted for possible replacements: Motion Industries of Ukiah, Kaman Industrial of San Francisco, and Bearing Engineering of Benicia. Motion was unable to supply replacements. Kaman was slow to respond, but finally offered a quote of $14,426.75 per unit with a delivery time of 10 to 12 weeks. Bearing Engineering offered the units at $2,079.00 each with 48 hour delivery for an additional $110.00 per unit; accompanying sprockets and connectors necessary to complete installation brought the total amount to $11,443.36. The bid was awarded to Bearing Engineering. RECOMMENDED ACTION: Receive Notification of Emergency purchase. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Prepared by: Coordinated with: Attachments: N/A Jerry Gall, Wastewater Treatment supervisor Candace Horsley, City Manager and Darryl L. Barnes, Director of Public Utilities None APPROVED '; dace Horsley, Cit~Manager ITEM NO. 8a DATE: February 5, 2003 AGENDA SUMMARY REPORT SUBJECT: STATUS REPORT REGARDING IMPLEMENTATION OF THE UKIAH BICYCLE AND PEDESTRIAN MASTER PLAN SUMMARY: This Agenda item is intended to provide the City Council and interested members of the public with a Status Report of our progress in implementing the Ukiah Bicycle and Pedestrian Master Plan. The following text provides background about the Plan, what we've accomplished since its adoption, and what we're currently working on. Background: In 1994, the City Council conditionally approved the Kmart Use Permit application for the new store on Orchard Avenue. Condition number 23 required the payment of $36,250 to an "Air Quality Offset Fund" that would be used to "pursue measures maintaining appropriate air quality levels" in our community. In 1997, the City Council determined that $19,800 from the fund would be spent for the preparation of a Bicycle and Pedestrian Master Plan, and the remaining $16,450 would be used for grant matching funds for implementation of the Plan. The City Council adopted the Plan in 1999, and in 2001, the City Council authorized allocating $10,000 of the remaining funds for consultant grant writing assistance and $6,450 for either grant matching funds or continued consultant assistance if "no-match" grants were pursued. These funds have been spent, and produced the $102,000 BTA grant from CalTrans for Bicycle lanes on Gobbi Street from Orchard Avenue to Babcock Lane. That project will be constructed this year. (continued on page 2) RECOMMENDATION: Receive Report. ALTERNATIVE COUNCIL POLICY OPTIONS: Do not receive report and provide direction to Staff. Citizen Advised: Walk and Rollers Requested by: Charley Stump, Director of Planning and Community Development Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager and Brian Keefer, Associate Planner Attachments: None APPROVED:'., _~-'~~ Candace Horsley, City M~ager In 2002, the Council budgeted an additional $10,000 for grant writing assistance and related tasks. These funds produced a Rail Trail Feasibility Study, which is currently under public review, and a continued search for grant opportunities. Accomplishments: A number of accomplishments have been made since the adoption of the Bicycle and Pedestrian Master Plan. While large physical changes such as road widening for new bike lanes have not dominated the accomplishments, smaller physical changes, feasibility studies, Zoning Code Amendments, and the cooperation of private developers have provided some cumulative success. , Mendocino Avenue Sidewalk: A new sidewalk was installed along Mendocino Avenue adjacent to Yokayo School. , New Wheelchair (ADA) Curb Cuts: The City has had an ongoing wheel chair curb cut program for many years, and considerable progress has been made. Additionally, commercial development projects and large residential projects are required to install wheelchair curb cuts at intersections. . Crosswalk Treatments: High visibility (zebra) crosswalks have been installed at many locations throughout the City. Additionally, Staff is pursuing the purchase of "streetprint" equipment that stamps patterns and colors in asphalt, and can create attractive high visibility crosswalks. Funding for this equipment and the first treatment (crosswalks at State Street and Perkins Street intersection) comes from a grant received from the Mendocino County Air Quality Management District to assist in the implementation of the Bicycle and Pedestrian Master Plan. . Orchard Avenue Bike Lanes: Orchard Avenue from Perkins Street to Clara Avenue was reduced from four lanes to two lanes with left turn pockets and bike lanes. 5. Clara Avenue Bike Lanes: Bike lanes have been added to Clara Avenue. , Gobbi Street Bike Lanes - Orchard Avenue to Babcock Lane: With the assistance of our grant writing consultants, the City received a $102,000 grant from CalTrans to widen pavement, improve drainage, and install bike lanes along Gobbi Street from Orchard Avenue to Babcock Lane. We anticipate this project being completed during the summer/fall of this year. . Rail Trail Feasibility Study: The number one priority in the Bicycle and Pedestrian Master Plan is the development of a trial along the railroad right-of- way. We have completed a Draft Rail Trail Feasibility Study, which is currently out for public review. , Bicycle Parking Requirements for Development Projects: The City Zoning Code has been revised to require all commercial development and large residential projects to include bicycle parking facilities. . 10. 11. 12. Pedestrian Facility Requirements for Development Projects: The City Zoning Code has been revised to require all commercial development and large residential projects to have pedestrian sidewalks and marked pedestrian facilities within landscaped areas and parking lots. State Street Sidewalk- Fairqrounds Frontage: Plans have been completed for the construction of sidewalks along State Street in front of the fairground property. State Street Tree Planting Project: The State Street tree planting project enhanced the sidewalks along the entire length of State Street, which greatly improved the pedestrian environment. Homeowners Sidewalk Construction Reimbursement Proqram: The City Council and Department of Public Works established the Homeowners Sidewalk Construction Reimbursement Program, which promotes sidewalk construction in residential areas. Planned Projects: . Gobbi Street Bike Lanes - Oak Street to Dora Street: We plan to pursue the striping of bike lanes along Gobbi Street from Oak Street to Dora Street in the near future. This project would involve the elimination of parking on one side of the street. , Multi-Use Trail- Orchard Avenue to Oak Manor Park: We are currently preparing a detailed project description to accompany a grant request seeking funding for a multi-use trail from Orchard Avenue to Oak Manor School and Park. 3. Doolin Creek Enhancement Plan - Talmaqe Road / Airport Property Class 1 Bike Lane: The Doolin Creek Enhancement Plan includes the concept of a bicycle and pedestrian path along the Talmage Road section of Doolin Creek on the airport property. The Draft Plan has been completed and is under public review. . Main Street Bike Lane Feasibility Analysis- Gobbi Street to Norton Street: Staff is planning to analyze the feasibility of constructing bicycle lanes along Main Street from Gobbi Street to Norton Street. , Street and Sidewalk Improvements at Railroad Crossings: The Department of Public Works is looking into ways to improve the pedestrian crossings over railroad tracks. Staff is currently putting together work programs and timelines for these projects, and managing our grant writing consultants. RECOMMENDATION: Receive Report AGENDA SUMMARY ITEM NO. 85 DATE: February 5, 2003 REPORT SUBJECT: STATUS REPORT REGARDING THE DEVELOPMENT OF RIVERSIDE PARK SUMMARY: Over the past several years, the City has made considerable progress towards the planning and design of Gobbi Street Riverside Park. This Agenda Summary Report is intended to provide the City Council with a status report of our progress, as well as an idea of the current issues we are facing as our efforts evolve. Background: During the preparation of the new General Plan in the early 1990's, there was a strong effort to resolve land use compatibility issues, and begin the planning for a river park on the old wastewater treatment plant property at the eastern end of Gobbi Street. As a result, the adopted Plan provides specific direction for an increased effort in the planning and design of the park. June 25, 1998: The California State Coastal Conservancy awarded a grant to the City of Ukiah for the preparation of a Site Design Study/Concept Plan for Gobbi Street Riverside Park. This $12,000 grant was complemented by approximately $10,000 ($4000 required) worth of in-kind assistance from City Staff. The source of the Coastal Conservancy funds were from the bonds authorized by the Safe, Clean, Reliable Water Supply Act of 1996 (Proposition 204), which encouraged river parkway projects and projects in or near urban areas. (continued on page 2) RECOMMENDATION: Receive Report. ALTERNATIVE COUNCIL POLICY OPTIONS: Do not receive report and provide direction to Staff. Citizen Advised: N/A Requested by: Charley Stump, Director of Planning and Community Development Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager and Brian Keefer, Associate Planner Attachments: 1) Revised Concept Plan 2) 1999 Approved Concept Plan Candace Horsley, City M~lnager October 6, 1999: The Concept Plan for the new Park was shared with the Ukiah City Council in the first of two public hearings. The plan was shaped by a number of issues and concerns, including the potential for trespassing and vandalism on important adjacent agricultural properties, a potential for increased traffic, the potential disruption of the East Gobbi Street residential neighborhood, potential impacts on sensitive plant habitats and the riparian corridor along the Russian River, possible site contamination, and the competing interests of various recreation groups. November 17, 1999: The City Council, after considerable input from the public, approved the Concept Plan for the Gobbi Street Riverside Park project. The Plan included constructing a tall security fence and impenetrable plantings along the southern and western sides of the property; realigning the existing baseball fields to create a new small T-Ball field; constructing one new multi-purpose/soccer field; providing foot access to the river; constructing an on-site parking facility; developing a system of walking/exercise trails; planting a native plant garden; constructing a children's tot lot; creating a number of sitting picnic areas, including one with a small water element in the center of the site; developing a small dog park; and developing a non-accessible eight to ten acre ecological/wetlands restoration area on the southern portion of the property. May 25, 2000: The Coastal Conservancy awarded the City a second grant for the project. This grant was earmarked for the Phase 1 development of the park. This grant totaled $120,000, and includes a projected $55,000 of total staff time that will be contributed to the project. The Phase 1 improvements include perimeter fencing around the property, and the preparation of a Grading Plan, Drainage Plan, Trail Plan, and a Planting Plan for both the perimeter fencing and unstable riverbank area in the southeastern portion of the site. November 2002: The RRM Design Group, under contract with the City submitted the Grading, Drainage, Trails, and Planting Plans. As a result of this refined work, and the identification of a number of development constraints, minor modifications were made to the overall Concept Plan. CONSTRAINTS AND MODIFICATIONS: A number of development constraints were identified during the preparation of the site Grading and Drainage plans. These include floodway/floodplain issues, topography/drainage issues, the location of power poles and lines, and the required dimensions of the baseball and soccer fields. These constraints have led to the following modifications in the Concept Plan: 1. The redesign of the parking lot 2. The elimination of one T-Ball baseball field 3. The reduction of the wetland creation area 4. The creation of an open meadow 5. The creation of a native wildflower meadow 6. The enlargement of the center pond 7. The relocation of the tot lot area. 8. A reduction is size of the native Garden Area 9. The relocation of the caretaker's cottage CURRENT STATUS: We now have a revised and more detailed Concept Plan based on an understanding of how the site will be graded and drained, as well as sizes and configurations of certain park elements (Attachment No. 1). Additionally, the site has been fenced, and a strategy for riverbank stabilization is being developed. We are currently preparing a Phase 2 approach to development, which may include a floodway/floodplain analysis, Phase 2 environmental (toxics) study, and a more refined approach to improving East Gobbi Street. Possible Phase 3 tasks include grading the site and installing drainage infrastructure, trail construction, mounding and landscaping treatments, and parking lot construction. As we proceed to develop plans for the park, if the Council directs further modifications to the Concept Plan, Staff can modify the Grading and Drainage Plans in-house. FUNDING: Staff is currently pursuing possible future grant funding through the State Coastal Conservancy. There is some indication that grant funds may be available, and we are refining our next phase of study/development to be in position to submit a grant application if the opportunity arises. Additionally, the Community Services Department is seeking grant opportunities. CITY COUNCIL REVIEW: Prior to making application for grant funds, proceeding with the preparation of studies, or performing actual construction, Staff will agendize discussions with the City Council to receive direction. RECOMMENDATION: Receive report. vk[ah, Calif'orni~ .. _._ ':: :? . . .. ili I'~ R M D F ~ I (i N (i R 0 U P Conceptual Site Plan APPROVED 1999 CONCEPT PLAN ATTACHMENT 2 ITEM NO. 9a MEETING DATE: February 5, 2003 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF PURCHASE OF STREETPRINT, AUTHORIZATION OF RECONSTRUCTION AND ENHANCEMENT OF THE CROSSWALKS AT THE STATE AND PERKINS INTERSECTION, AND APPROVAL OF BUDGET AMENDMENT Background: In February 2000, the Mendocino Air Quality Management District staff approached the City to discuss the implementation of the Bicycle and Pedestrian Master Plan. Acknowledging both limited staff and financial resources, the District suggested that the City pursue State Air Resources Board AB 2766 funds to assist in implementing key projects in the plan. The City of Ukiah received a grant of $40,000 through the District from the AB 2766 funds, and Staff was directed to utilize this grant money toward the installation of either stamped concrete or interlocking paving tiles within the existing 12-foot wide crosswalks at the State and Perkins Street intersection. (Continued on page 2) RECOMMENDED ACTION: 1) Approve the expenditure of the AB 2766 grant funds for the purchase of the StreetPrint Municipal Direct Package and the repaving, stamping and coloring of the crosswalk/intersection at State and Perkins Streets, 2) Authorize the City Manager to enter into a License Agreement with Integrated Paving Concepts Inc. for the City to become a certified StreetPrint installer, and 3) Approve amendment to the 2002-03 budget authorizing expenditures of $30,300 in account 341.9835.250.000 and $40,000 in account 250.9835.800.000 for this street project. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Do not approve the purchase of the equipment, and the activation of a license agreement with Integrated Paving Concepts Inc., and direct Staff to solicit bids to have an independent StreetPrint certified contractor stamp and color the crosswalk/intersection with an increased amount for the budget amendment. 2. Do not approve the project and provide direction to Staff. Citizens Advised: N/A Requested by: City Council Prepared by: Brian Keefer, Associate Planner Coordinated with: Candace Horsley, City Manager, Charley Stump, Planning Director, and Diana Steele, City Engineer. Attachments: 1. StreetPrint Brochure (City Council only); 2. Photo of the Existing Intersection at State Street and Perkins Street; 3. Excerpt Photos from Presentation; 4. Plan Drawing of Proposed Intersection; 5. Cost Comparison Spreadsheet; 6. Budget Amendment worksheet. Approved :!i~J~:~~~..,~ ~~ _ _ Candace Horsley, City~anager Reconstruction and Enhancement of the Crosswalks at the State and Perkins Intersection. February 5, 2003 Page 2 of 3 Unfortunately, when Staff completed estimates for stamped concrete or interlocking paving tiles, it was clear that the costs exceeded the available funds. Additionally, there are technical problems with maintenance of these paving surfaces and how they can be integrated into future street paving projects. Concrete paving tiles and stamped concrete in the crosswalks and intersection can be damaged during the grinding of the adjacent asphalt, and costly reconstruction would be required. StreetPrint Process: Recently, Staff became aware of a new asphalt stamping and coloring process called StreetPrint. This proprietary process developed by Integrated Paving Concepts Inc. involves reheating asphalt, stamping patterns into the asphalt, and coating the asphalt with a special process that bonds coloring agents to the pavement. It is less expensive and faster to install, cures much faster, and is more durable than concrete products. Also, due to the relatively Iow expense of stamping and coloring the asphalt, when the streets are repaved in the future, the intersection can be repaved over the top of the previously stamped and colored intersection, and the new asphalt then stamped and colored. This provides a flush and continuous paving surface at reduced costs, with a rejuvenated intersection. Alternately, if only the adjacent paving is to be replaced and the previously stamped and colored portion is damaged during the grinding process, once repaved, the damaged portion can be re-stamped, and colored to match the existing portion very economically. In addition, new color coats can be applied annually at a minimal cost to retain fresh and vibrant colors, without the necessity of costly repaving. StreetPrint is a proprietary process owned by Integrated Paving Concepts Inc., that must be applied by a crew trained and authorized to apply the product. Integrated Paving has a Municipal Direct program, wherein it offers municipalities the StreetPrint equipment and training at a reduced cost. Staff solicited a quote by a StreetPrint certified contractor for the printing of the crosswalk and intersection at State and Perkins Streets. When compared with the cost of purchasing the equipment and training from StreetPrint and having City crews apply the product to new asphalt laid by a contractor, the costs are comparable; however, if the City purchases the StreetPrint package from Integrated Paving Concepts Inc., we will then own the equipment, and can use it towards printing other crosswalks or asphalt surfaces at other City properties. The substantial savings will be realized when the equipment is utilized in conjunction with future paving projects, when the added cost of applying the StreetPrint is negligible when compared to the cost of hiring a contractor to do the work. In order for the City to purchase the StreetPrint package and become a certified StreetPrint installer, it is necessary to enter into a license agreement with Integrated Paving Concepts Inc. Staff recommends that Council authorize the City Manager to enter into the agreement with Integrated Paving Concepts Inc. Intersection of State and Perkins Streets: The StreetPrint process actually chemically bonds the coating agents with the asphalt, and can be applied to existing asphalt; however, the results of using the StreetPrint system are best when used on new or relatively new pavement. The Perkins Street legs to this intersection were refurbished this fall as part of the STIP street rehabilitation projects. Public Works is suggesting that the asphalt within the limits of the intersection and crosswalks be replaced at this time to provide a fresh surface for the StreetPrint application. While this is an added cost now, the cost will be avoided in the future if State Street requires repair. If repairs to State Street are made as part of a multi-street repair project, it will then be possible to keep Perkins Street open. Additionally, the department will receive the StreetPrint equipment and training for use on future projects. For this reason, Public Works is suggesting that the grant funding in Fund 250, Special Revenue, be supplemented by street maintenance/repair funds from Fund 341, Surface Transportation, in the amount of $30,300. Reconstruction and Enhancement of the Crosswalks at the State and Perkins Intersection. February 5, 2003 Page 3 of 3 Patterns and Colors: Staff reviewed the patterns and colors available for the StreetPrint process, considered the visibility of the intersection for safety purposes and the general character of downtown Ukiah, and came to a consensus regarding selections for the State and Perkins intersection. We recommend a light cream color for the borders of the crosswalk that will replace the painted white stripes, a terra cotta color for the crosswalks, and a beige color for the interior of the intersection. A "Frisco Cobble" pattern is recommended for the pedestrian part of the crosswalks, with a non-printed "vibration-free" zone that aligns with the wheelchair ramps at the corners of the intersection, and a "random stone" pattern is recommended for the interior of the intersection. The contrast of these colors and patterns will increase visibility from vehicles, and the colors complement each other, as well as downtown Ukiah. General Plan and Bicycle and Pedestrian Master Plan Consistency: This project is consistent with General Plan Goal CT-7: "Develop Pedestrian Access", and the Major Recommendations of the Bicycle and Pedestrian Master Plan, which include, "Pedestrian street enhancements on key corridors to connect the most vital pedestrian activity areas". The project dovetails beautifully with the recently completed State Street tree planting and transportation corridor enhancement project. The two projects combined will have a dramatic and significant affect on the safety and attractiveness of the downtown pedestrian environment. We are convinced that these projects and the purchase of the StreetPrint equipment will accelerate the current momentum we have for encouraging pedestrian and bicycle activities and reducing auto emissions. The Air Quality Management District favors the purchase of the StreetPrint Municipal Direct package, as the investment of the grant money will continue to work for the City in achieving the goals of the Bicycle and Pedestrian Master Plan. Budget Amendment: The expenditure of the AB 2766 monies and the street maintenance/repair funds were not included in Public Works' fiscal year 2002-2003 budget. This matter was also not included as part of the Mid-Year Budget Adjustment because Staff wished to introduce StreetPrint and this project to the Council prior to requesting funding. To move forward with the project the Council is to approve a budget amendment authorizing expenditures of $40,000 and $30,300 to accounts 250.9835.800.000 (Special Revenue Fund) and 341.9835.250.000 (Surface Transportation Projects Fund) respectively to fund this project. There are no General Fund monies involved with this project. Summary: Staff believes this project and its long term equipment and techniques are very appropriate bike/pedestrian and street improvement expenditures. Approval of the project, authorization for the City Manager to execute the license, and approval of the budget amendment are recommended. ~TTACHMENT__._~ -This. is the recom mended ._~p tterrt, for,the~'~:~nt r~or. 'fi~e ~te~rs,eCt~n., Z o 011 mo z -I COST COMPARISON Purchase Equipment and Do Work with Street Department OR Installation by Contractor ATTACHMENT_~.~ Scenario ~uy ~;ontractor Equipment Stamps and Street Crew Colors Performs Crosswalks* CROSSWALKS Contractor estimate to grind old asphalt and repave: Purchase Equipment: 1st Bond Coat: $ 2nd Bond Coat: $ Color Coat: $ Crosswalks Only Subtotal: $ $ 33,600.00 $ 33,600.00 $ 27,850.00 $ - 1,800.00 $ 19,500.00 1,400.00 250.00 64,900.00 $ 53,100.00 INTERSECTION 1st Bond Coat: $ 2nd Bond Coat: $ Color Coat: $ 2 Stamps: $ Add Intersection Subtotal: $ 1,400.00 $ 17,900.00 1,250.00 150.00 2,600.00 5,400.00 $ 17,900.00 Grand Total: $ 70,300.00 $ 71,000.00 Grant Amount: From Public Works: 40,000.00 $ 40,000.00 30,300.00 $ 31,000.00 * based on proposal supplied by Pimentel Paving Concepts, Inc. LU z 0 AGENDA SUMMARY ITEM NO. 9b DATE: FEBRUARY 5, 2003 REPORT SUBJECT: ADOPTION OF RESOLUTION APPROVING CITY OF UKIAH EMERGENCY PLAN Staff has been working with the Mendocino Emergency Services Authority (MESA) staff for several years to complete the City of Ukiah Emergency Plan. The Plan prescribes the emergency organization, assignments and tasks, polices, and general procedures for addressing emergency situations. The Plan is an extension of the California and Mendocino County Operational Area Emergency Plans and is compliant with the Standardized Emergency Management System (SEMS). Similar plans are to be adopted by the other cities in the county and the County to insure all agencies are utilizing analogous processes when the need arises. City Council approval of the Plan is necessary for its formal implementation. The Plan fills a three inch binder and is a working document; as new information is available and new processes identified, it will be edited and updated by Staff. The Table of Contents illustrates the complex and comprehensive nature of the Plan, which ranges from general concepts to specific detailed tasks and individual duties. Attached to this report (attachment #2)is the "Basic Plan", the first 46 pages, which provide an overview and discuss some of the intracacies of the document. The entire Plan is available at the City Manager's office for Council review; each Department Head has been provided with a copy to be used in actual emergency situations and trainings. The Plan will be also be addressed by the Disaster Council when it meets. Staff is pleased to present the Emergency Plan for the Council's review and approval. This approval meets the requirement of City Code Section 5141. RECOMMENDED ACTION: Adopt Resolution Approving City Of Ukiah Emergency Plan. ALTERNATIVE COUNCIL POLICY OPTIONS: Determine modifications to the Plan resolution with changes to the Plan. are necessary, identify changes, and adopt Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Michael F. Harris, Risk Manager/Budget Officer Candace Horsley, City Manager 1. Resolution for adoption, page 1; 2. City Code Section 5141, page 2; 3. Basic Emergency Plan, pages 3-48. APPROVED: .... ~'~ Candace Horsley, CJt~anager mfh:asrcc03 0205EmergPlan RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING CITY OF UKIAH EMERGENCY PLAN WHEREAS, the State of California has adopted the Standardized Emergency Management System (SEMS) for addressing emergencies throughout the State; and WHEREAS, it is appropriate for each level of government to implement the most effective response to and recovery from emergencies, be capable of utilizing available resources in the most efficient manner, and through planning develop the best practices and document these in a plan to insure maximum benefit in the times of disaster; and WHEREAS, the City of Ukiah has worked diligently with the Mendocino Emergency Services Authority to prepare a plan compliant with SEMS and consistent with the California Emergency Plan and the Mendocino County Operational Area Emergency Plan; and NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Ukiah hereby approves the City of Ukiah Emergency Plan and directs that future amendments and modifications to this Plan, which are in accordance with SEMS and consistent with State and Operational Area requirements, may be made without formal City Council action or approval. PASSED AND ADOPTED on this 5th day of February 2003, by the following roll call vote: AYES' NOES: ABSENT: ATTEST: Eric Larsen, Mayor Marie Ulvila, City Clerk Resolution No. 2003- Page I of 1 §5140 CHAPTER 2 EMERGENCY SERVICES ARTICLE 4. EMERGENCY PLAN §5142 SECTION: §5140: §5141: §5142: Planning Emergency Plan Emergency Preparedness Council; Membership §5140: PLANNING: The City shall include the use of the California Standardized Emergency Management System (SEMS) in all emergency plans and procedures. (Ord. 995, §1, adopted 1997) §5141: EMERGENCY PLAN: The County Operational Area Office of Emergency Services shall be responsible for the development of the Operational Area Emergency Plan, which Plan shall provide for the utilization of the California Standardized Emergency Management System (SEMS); effective mobilization of all of the resources of the County, both public and private, to meet any condition constituting a local emergency, state of emergency, or state of war emergency; and shall provide for the organization, powers and duties, services, and staff of the emergency organization. The City Emergency Plan will reflect all requirements to coordinate activities in conjunction with the Operational Area Emergency Plan. Such Plan shall take effect upon adoption by resolution of the City Council. It shall be the responsibility of all City Emergency Operations Center section chiefs and alternates to have a thorough knowledge of the City and Operational Area Emergency Plan. The City shall ensure that the key personnel are properly trained and organized to meet all of their responsibilities in the event of an emergency. (Ord. 995, §1, adopted 1997) §5142: EMERGENCY PREPAREDNESS COUNCIL; MEMBERSHIP: The Mayor shall be the City's representative to the County of Mendocino Emergency Preparedness Council. (Ord. 995, §1, adopted 1997) 6025 9/98 CITY OF UKIAH 300 SEMINARY AVENUE, UKIAH, CALIFORNIA 95482 TELEPHONE: (707) 463-6313 FAX: (707) 463-6204 EMERGENCY PLAN PRODUCED IN COOPERATION WITH' _ ~.~ MENDOClNO EMERGENCY SERVICES AUTHORITY ,. , IN PARTNERSHIP WITH THE CITY OF UKIAH APRIL 2002 -3- LETTER OF ROMULGATION Approval Date: February 5, 2003 To: Officials, Employees, and Citizens of the City of Ukiah The preservation of life, property, and the environment is an inherent responsibility of local, state, and federal governments. The City of Ukiah has prepared this emergency plan to ensure the most effective and economical allocation of resources for the maximum benefit and protection of the community in time of emergency. While no plan can completely prevent death and destruction, good plans carried out knowledgeable and well-trained personnel can and will minimize losses. This plan establishes the emergency organization, assigns tasks, specifies policies, and general procedures, and provides for coordination of planning efforts of the various emergency staff and service elements utilizing the Standardized Emergency Management System (SEMS). The objective of this plan is to incorporate and coordinate all the facilities and personnel of the City into an efficient organization capable of responding to any emergency. This emergency plan is an extension of the California Emergency Plan and the Mendocino County Operational Area Emergency Plan. It will be reviewed, exercised periodically, and revised as necessary to meet changing conditions. The City Council gives its full support to this plan and urges all officials, employees, and citizens, individually and collectively, to do their share in the total emergency effort of the City of Ukiah. Concurrence with this promulgation letter constitutes the adoption of the Standardized Emergency Management System by the City of Ukiah. This emergency plan is effective this date with the approval by the City Council. Eric Larson, Mayor, City of Ukiah 300 SEMINARY AVENUE UKIAH, CA 95482-5400 Phone# 707/463-6200 Fax# 707/463-6204 Web Address: www. cityofukiah.com STATEMENT OF COMPLIANCE The Emergency Plan for the City of Ukiah was developed in cooperation with the Mendocino Emergency Services Authority (MESA). The basic plan is designed to interface with any annexes issued by the Operational Area Office of Emergency Services. Any special annexes issued by the Operational Area will automatically be part of this plan until that annex is specifically modified to meet the needs of the City of Ukiah. In accordance with the Emergency Services Act of the State of California, this plan has been reviewed by the Mendocino County Operational Area Office of Emergency Services (MESA), and found to be compliant with all requirements of the Standardized Emergency Management System (SEMS). Questions regarding this plan should be directed to the Emergency Services Coordinator for the City of Ukiah. Questions regarding compliance should be directed to the Mendocino Emergency Services Authority which is the Mendocino County Operational Area Office of Emergency Services: Mendocino Emergency Services Authority 175 S. School Street #107 Ukiah, California 95482 (707) 463-5630 CITY OF UKIAH EMERGENCY PLAN TABLE OF CONTENTS SUBJECT PAGE PART 1 BASIC PLAN Table of Contents ........................................................... i Introduction ................................................................ 1 Concept of Operations ....................................................... 1 Relationship To The Standardized Emergency Management System (SEMS) ............ 5 Hazard Analysis ............................................................ 8 Departmental Responsibilities ................................................ 10 Standard Operating Procedures Development .................................... 24 Administration/City Manager/Mayor's Office ........................... 24 Office of Emergency Services ...................................... 25 Fire Department ................................................ 27 Police Department ............................................... 29 Public Works Department ......................................... 30 Public Utilities Department ........................................ 32 Community Services Department ................................... 33 Finance Department ............................................. 34 Community Development Department ............................... 36 Airport ........................................................ 35 Authorities and References .................................................. 37 Training and Exercising ..................................................... 38 PART 2 APPENDICES Emergency Operations Center (EOC) Procedures ......................... Appendix A Position Check Lists ................................................ Appendix B Recovery Operations Manual ......................................... Appendix C BASIC PLAN APRIL 2002 -i- CITY OF UKIAH EMERGENCY PLAN PART 3 ATTACHMENTS EOC Worksheets and Forms ........................................ Attachment 1 RIMS forms ...................................................... Attachment 2 Glossary of Terms ................................................ Attachment 3 PART 4 ANNEXES UNDER REVISION NOTE TO USER: IF THE CITY HAS NOT PRODUCED AN ANNEX SPECIFIC TO THE CITY, THEN THE APPROPRIATE ANNEX IN THE OPERATIONAL AREA PLAN WILL BE USED. B C D E F G H I J K L M N O P COMMAND/MANAGEMENT A-1 MANAGERJlNCIDENT COMMANDER A-2 COORDINATOR A-3 LEGAL ADVISOR A-4 PUBLIC INFORMATION OFFICER A-5 SAFETY OFFICER A-6 NOT ASSIGNED A-7 LIAISON OFFICER FIRE/RESCUE LAW ENFORCEMENT MEDICAL OPERATIONS PUBLIC HEALTH OPERATIONS CORONER OPERATIONS CARE AND SHELTER - See Operational Area Plan TRANSPORTATION RESCUE OPERATIONS PUBLIC WORKS LOGISTICS CHIEF PLANNING CHIEF DOCUMENTATION COMMUNICATIONS DAMAGE ASSESSMENT FINANCE SECTION OPERATIONS P-1 CHIEF P-2 TIME UNIT P-3 PROCUREMENT UNIT P-4 COMPENSATION/CLAIMS UNIT P-5 COST UNIT P-6 DATA PROCESSING P-7 RECOVERY UNIT PERSONNEL RADIOLOGICAL OPERATIONS HAZARDOUS MATERIALS SUPPLY NOT ASSIGNED SITUATION/INTELLIGENCE BASIC PLAN -ii- APRIL 2002 CITY OF UKIAH EMERGENCY PLAN w VOLUNTEER OPERATIONS W-1 AUXILIARY COMMUNICATIONS SERVICE (ACS) W-2 NEIGHBORHOOD PROGRAMS NOT ASSIGNED NOT ASSIGNED NOT ASSIGNED PART 5 SPECIAL PLANS Special Plans are written to address a particular hazard or event. The plans may be developed by the local jurisdiction, the Operational Area, or the State of California. Some plans may be for one time use and others may become a permanent portion of the plan. Examples of these plans include: Dam Inundation Plan Weapons of Mass Destruction Response Plan Hazardous Materials Site Plans Energy Crises Response Plan BASIC PLAN o.o -III- APRIL 2002 CITY OF UKIAH EMERGENCY PLAN THIS PAGE NOT USED BASIC PLAN -iv- APRIL 2002 CITY OF UKIAH EMERGENCY PLAN INTRODUCTION The City of Ukiah Emergency Plan identifies the City's emergency planning, organization, and response policies and procedures. The plan also addresses integration and coordination with other governmental levels when required. This plan is based on the functions and principles of the Standardized Emergency Management System (SEMS), which is based on the FIRESCOPE Incident Command System (ICS), and identifies how the City fits in the overall SEMS structure. It is important to stress that this plan is based upon FUNCTIONS, not the number of personnel. One person may be called upon to perform all functions, as needed. In a major event, the duties of each function can be assigned to individuals as the staff size grows to respond appropriately to the event. The plan addresses how the City will respond to extraordinary events or disasters, from preparation through recovery. A hazard analysis and probability matrix are also included in the plan. The responsibilities of each department are identified in matrices, which are based on each identified hazard or threat. The development of departmental Standard Operating Procedures (SOPs) is discussed, including what each department will include in its own SOPs. The City of Ukiah Emergency Plan will be approved by the City Council and signed by the Mayor. The City's Office of Emergency Services (OES) is responsible for reviewing the entire plan on an annual basis, and coordinating the revision of the plan as required. Each department manager is responsible for reviewing its SOPs on an annual basis and coordinating the revision of the procedures with the City Off~ce of Emergency Services. Special Districts and other agencies serving the City of Ukiah are responsible for following this plan and developing procedures to fulfill their stated responsibilities. The City's Office of Emergency Services will be responsible for maintaining records of all revisions. CONCEPT OF OPERATIONS The City's response to disasters is based on four phases: increased readiness; initial response operations; extended response operations; and recovery operations. During each phase, specific actions are taken to reduce and/or eliminate the threat of specific disaster situations. In coordination with the City Manager and Incident Commanders, the Office of Emergency Services Coordinator will determine the phase and initiate the appropriate level of alert for response agencies, including the activation of the Emergency Operations Center as required. BASIC PLAN APRIL 2002 -1- CITY OF UKIAH EMERGENCY PLAN Increased Readiness Upon receipt of a warning or the observation that an emergency situation is imminent or likely to occur soon, the City will initiate actions to increase its readiness. Events that may trigger inCreased readiness activities include: issuance of a credible long-term earthquake prediction; receipt of a flood advisory or other special weather statement; receipt of a potential dam failure advisory; conditions conducive to wildland fires, such as the combination of high heat, strong winds, and Iow humidity; an expansive hazardous materials incident; and information or circumstances indicating the potential for acts of violence or civil disturbance. Increased readiness activities may include, but are not limited to, the following activities: briefing of City Manager and key officials or employees about the situation; reviewing and updating of the Emergency Plan and related SOPs; increasing public information efforts; accelerating training efforts; inspecting critical facilities and equipment, including testing warning and communications systems; recruiting of additional staff and Disaster Service Workers (DSW); warning threatened elements of the population; conducting precautionary evacuations in the potentially impacted area(s); mobilizing personnel and pre-positioning resources and equipment; and establishing or activating staging areas. Initial Response Operations The City's initial response activities are primarily performed at the field response level. Emphasis is placed on minimizing the effects of the emergency or disaster. Field responders will use the Incident Command System to organize response to the emergency or disaster, incorporating the functions, principles and components of ICS (i.e., unified command, action planning, span of control, hierarchy of command, etc.). Examples of initial response activities include: making all necessary notifications, including the Mendocino County Operational Area (MESA); disseminating warnings, emergency public information, and instructions to the citizens of Ukiah; BASIC PLAN -2- APRIL 2002 CITY OF UKIAH EMERGENCY PLAN conducting evacuations and/or rescue operations; caring for displaced persons and treating the injured; conducting initial damage assessments and surveys; assessing need for mutual aid assistance; restricting movement of traffic/people and unnecessary access to affected areas; establishing Unified Commands; coordinating with state and federal agencies working in the field; and developing and implementing Incident Action Plans. Extended Response Operations The City's extended response activities are conducted in the field and in the City's Emergency Operations Center (EOC). The Ukiah EOC is located in the Fire Department administrative area. Extended emergency operations involve the coordination and management of personnel and resources to mitigate an emergency and facilitate the transition to recovery operations. Field response personnel will continue to use the Incident Command System (ICS) to manage field operations. EOC staff will support field response personnel in mitigating the effects of the disaster. Examples of extended response activities include: preparing detailed damage assessments; operating mass care facilities; conducting coroner operations (as directed by the Operational Area and Sheriff's Department); procuring required resources to sustain operations; documenting situation status; protecting, controlling, and allocating vital resources; restoring vital utility services; tracking resource allocations; conducting advance planning activities; documenting expenditures; developing and implementing Action Plans for extended operations; dissemination of emergency public information; declaration of a local emergency; prioritizing resource allocation; and inter/multi-agency coordination. SEMS Functions: EOC staff will be organized in accordance with the five Standard Emergency Management System (SEMS) functions: Management, Operations, Planning/Intelligence, Logistics, and Finance/Administration. The components and principles of SEMS will be used by the EOC staff to manage disaster operations. EOC staff will establish measurable and attainable objectives to be achieved for a given operational period. BASIC PLAN APRIL 2002 -3- CITY OF UKIAH EMERGENCY PLAN An EOC action plan will be developed for each operational period. When the EOC is activated, communications and coordination will be established between the Incident Commander(s) and the EOC. COmmunications and coordination will be established between the Ukiah EOC, when activated, and the Mendocino County Operational Area EOC. Multi-agency or inter-agency coordination will be used by EOC staff to facilitate decisions for overall local government level emergency response activities. Mutual Aid: "Mutual Aid System" is the system which allows for the progressive mobilization of resources to/from emergency response agencies, local governments, Operational Areas, regions, and the State with the intent of providing adequate resources tc requesting agencies. The City of Ukiah is located in the Mendocino County Operational Area, State of California Coastal Region and is part of Mutual Aid Region 2 for Law Enforcement, Emergency Medical, Coroner and Fire services. Within the framework of the California Disaster and Civil Defense Master Mutual Aid Agreement, several discipline-specific mutual aid coordinators will operate from the Mendocino County Operational Area EOC, (i.e. fire and rescue, law, medical, and public works). Mutual aid requests for these disciplines will be coordinated through the coordinators at the County Operational Area EOC. Once the City EOC is activated, communications will be established between the EOC and these discipline-specific Operational Area mutual aid coordinators. All other requests for assistance will flow through the appropriate Operational Area SEMS function. The City, when requesting mutual aid will remain in charge and retain overall direction of personnel and equipment provided through mutual aid. Recovery Operations As the immediate threat to life, property, and the environment subsides, the rebuilding of Ukiah will begin through various recovery activities. Recovery activities involve the restoration of services to the public and rebuilding the affected area(s). Recovery activities may be both short-term and long-term, ranging from restoration of essential utilities such as water and power, to mitigation measures designed to prevent future occurrences of a given threat facing the City. This plan does not specifically identify the City's recovery operations. However, the Recovery Operations Manual covers the recovery process in detail, describing roles and responsibilities and the procedures for accessing the federal and state disaster assistance programs that are available to individuals, businesses, and the City. The Ukiah Recovery Operations Manual is enclosed as Appendix C of this plan. Examples of recovery activities include: BASIC PLAN APRIL 2002 CITY OF UKIAH EMERGENCY PLAN restoring all utilities; establishing and staffing Local Assistance Centers and Disaster Assistance Centers; applying for state and federal assistance programs; conducting hazard mitigation analysis; identifying residual hazards; and determining and recovering costs associated with response and recovery. RELATIONSHIP TO THE STANDARDIZED EMERGENCY MANAGEMENT SYSTEM (SEMS) The City is responsible for emergency response within its geographical boundaries. The California Emergency Services Act requires the City to manage and coordinate the overall emergency response and recovery activities within its jurisdiction. During disasters, it is required to coordinate emergency operations with the Mendocino County Operational Area and, in some instances, other local governments. Under the Standardized Emergency Management System (SEMS), the City has responsibilities at two levels: the field response and local government levels. At the field response level, all agencies will use the Incident Command System (ICS) to standardize the emergency response. At the local government level, a designated Emergency Operations Center (EOC) is used as the central location for gathering and disseminating information, coordinating all jurisdictional emergency operations, and coordinating with the Mendocino County Operational Area. The following diagram depicts the relationship between the City of Ukiah, the Mendocino County Operational Area, and the State's Coastal Region Emergency Operations Center (REOC). A more detailed description of the five levels of organization may be found in the Mendocino Emergency Services Authority (MESA) SEMS Introductory Course Student Handbook. BASIC PLAN -5- APRIL 2002 CITY OF UKIAH EMERGENCY PLAN STANDARDIZED EMERGENCY MANAGEMENT SYSTEM (S.E.M.S.) FIVE LEVEL EMERGENCY RESPONSE ORGANIZATION · O E S HEADQUARTERS ii ii i i I I ii O.E.S.COASTAL REGION t 2. IJU II I III I II II I ,I OPERATIONAL AREA MENDOCINO COUNTY M.E.S.A. ........ ;::~ ................ ...... LOCAL GOVERNMENTI CITY OF UKIAH iiii i ii ___ FIELD BASIC PLAN -6- APRIL 2002 CITY OF UKIAH EMERGENCY PLAN CITY OF UKIAH EMERGENCY/DISASTER RESPONSE ORGANIZATION BASIC FUNCTIONS OPERATIONS LAW ENFORCEMENT FIRE + RESCUE PUBLIC HEALTH PUBLIC WORKS AIR OPERATIONS STAGING rM~y~; I COUNCIL j -- -~ -- MANAGEMENT/DIRECTOR CITY MANAGER SPECIAL STAFF PUBLIC INFORMATION LEGAL LIAISON SAFETY 1 PLANNING/INTELLIGENCE SITUATION ANALYSIS DOCUMENTATION LOGISTICS COMMUNICATIONS TRANSPORTATION PERSONNEL SUPPLY/PROCUREMENT FACILITIES RESOURCE STATUS ADVANCED PLANNING TECHNICALSERVlCES I! DEMOBILIZATION DAMAGE ASSESSMENT FINANCE/ADMINISTRATION PURCHASING RECOVERY ..... COST J The emergency response organizational structure is somewhat different than the daily operations structure. Each City department may be assigned the responsibility for one or more functions listed in the emergency organization. Some departments normally operating independently will be consolidated under a single function. Assignment of responsibilities is the function of the City Manager (Director of Emergency Services) or an appointed designee. BASIC PLAN APRIL 2002 -7- CITY OF UKIAH EMERGENCY PLAN HAZARD ANALYSIS HAZARDS TO THE CITY: The City of Ukiah, with its varying topography, mix of urban and rural areas, growing permanent population, and transient and recreational population is subject to a wide variety of negative impacts from natural and technological hazards. The City of Ukiah recognizes that the planning process must address each hazard that threatens the City. Ukiah is vulnerable to a wide range of threats. There are three broad categories of hazards: natural, technological or man-made, and national security. The natural, technological, or man-made hazards that confront the City of Ukiah include, but are not limited to: EARTHQUAKES: There have been numerous earthquakes in the three to four magnitude range in the surrounding area. Although the area has not experienced a very strong earthquake in decades, it should be remembered that an earthquake of 7.0 magnitude or greater along the San Andreas fault to the West and South, has and could have significant impact to the region. Damage to structures and roads along the transportation corridors could severely impact the area. The California Division of Mines and Geology estimates the probability of a 7.0, or larger, earthquake at over 50% in the next 30 years. EXTREME WEATHER/STORMS: Severe winter storms are a frequent occurrence and cause waters from the several local creeks to overflow their banks and significantly flood surrounding areas. Water treatment facilities and some roadways are susceptible to flooding. The rain also causes land slides along key routes. DAM FAILURE: A few miles Northeast of Ukiah is "Coyote" Dam containing Lake Mendocino, which has the potential to affect thousands of people, if not the entire city, should it suffer a collapse or partial failure. Its inundation area is wide and inundation could seriously affect portions of the City as well as roads going North and South. Dam inundation maps are on file in the MESA office (175 S. School Street) and also available through the State Office of Emergency Services Internet Web site. A Special Plan has been developed by the Operational Area (MESA) for this event. FIRES: Each year, wildland fires burn thousands of acres of land in the State of California and have destroyed many homes. The wildland-urban interface is a matter of great concern in the surrounding foothills. Such fires have occurred in the past. HAZARDOUS MATERIALS: In the past several years, the threat from hazardous materials has increased. The threat picture for Ukiah is further complicated by the increased use, storage, and transportation of numerous hazardous materials. The main sources of hazardous material incidents include the state and federal highways, rail and manufacturing operations. LANDSLIDES: The surrounding geology is relatively unstable when subjected to heavy rain, earthquake or a combination of both. Although a landslide may not occur within the City, one may take place in the immediate area that severs communications, roads and other portions of the infrastructure. Emergency measures may be required to support the local population. BASIC PLAN APRIL 2002 -8- CITY OF UKIAH EMERGENCY PLAN MAJOR VEHICLE ACCIDENT: A major vehicle accident can occur on the surrounding highways. Such an event could immediately deplete Fire, Medical and Rescue resources. Not only would additional assistance be needed from local agencies to mitigate the incident, additional resources would be needed to provide emergency services coverage to the remainder of the City for the duration of the incident. A declaration of Emergency would not be inappropriate to request assistance from the Operational Area and the Coastal Region/Mutual Aid Region. TRAIN ACCIDENT: A major rail line runs through the City. Although inactive for several years, it may be restored. Rail accidents can range from a simple derailment to major damage and injuries caused by a major derailment in a populated area. Additionally, the cargo carried by rail can contain large quantities of extremely hazardous materials. Both rail cars and the containers within them have been known to leak or suffer catastrophic failure. AIRPLANE CRASH: The City of Ukiah Municipal Airport is considered a "feeder" airport. It serves a large area and is used by a large variety of aircraft from small experimental aircraft to twin engine jet turbine aircraft. The airport is large enough to accommodate large military aircraft and is occasionally used for training. During the annual fire season, the airport is used as a base for tanker aircraft deployed by the California Department of Forestry and Fire Prevention. Approach and departure routes go directly over the center of the city. Most aircraft accidents occur during takeoff or landing, which increases the risk of accident to the community. The loss of an aircraft could cause extensive damage and mass casualties. CIVIL DISTURBANCE: Ukiah is also the county seat of government. Civil protests disturbances have occurred on several occasions. There have been massive demonstrations within the county, and the City is not exempt from such an event. Emergency Services resources may easily be depleted through mere preparation for such an event. A disturbance that results in assaults, arson, and looting would immediately exceed the capabilities of the City and the surrounding law enforcement agencies. TERRORISM: There are several hundred acts of terrorism in the United States annually. Until the events of September 11,2001, there was little publicity, and general disregard for the possibility of such an event happening locally. Although the City may not be considered a "high profile" candidate for terrorist activity, it must consider that it could be targeted by local terrorists protesting local/national issues or used as a test site by groups in preparation for a larger attempt. Terrorist attacks can be as spectacular as a bombing or a subtle as a mass food poisoning. All incidents of this nature must be investigated thoroughly. Any terrorist activity that results in mass casualties or significant damage to the infrastructure could seriously affect the City's ability to respond. A hazard matrix that outlines each of these hazards and identifies their likelihood of occurrence and its severity is provided on the next page. BASIC PLAN APRIL 2002 -9- CITY Of UKIAH EMERGENCY PLAN INCIDENT LIKELIHOOD OF OCCURRENCE FREQUENCY SEVERITY HAZARD DAM FAILURE X X EARTHQUAKE M<5 X X EARTHQUAKE M>5 X X X WlLDLAND FIRE X X FLOODS X X X HAZMAT X X LANDSLIDES X X CIVIL DISTURBANCE X X EXTREME WEATHER X X STORMS X X AIRCRAFT CRASH X X TRAIN ACCIDENT X X MAJOR VEHICLE X X TERRORISM X X DEPARTMENTAL RESPONSIBILITIES City of Ukiah departments have specific responsibilities and related activities/actions assigned to them for each identified hazard and threat. Each department is responsible for ensuring coordination with the other departments. OFFICE OF EMERGENCY SERVICES The City of Ukiah Office of Emergency Services (OES) is an additional duty responsibility of a department or individual appointed by the Director of Emergency Services (City Manager). The duties of the OES function may be shared; however, it must provide a single point of contact for all outside agencies. The Ukiah Office of Emergency Services (function) is responsible for identifying key management personnel, with alternates, and alternative facilities to conduct government operations, based on the hazard analysis. Each department will be responsible for identifying key departmental personnel with backups and alternates for each position. BASIC PLAN APRIL 2002 -10- CITY OF UKIAH EMERGENCY PLAN The Ukiah Office of Emergency Services is responsible for developing and maintaining an emergency alert list, which will be used to notify the key City personnel. Each department will develop its own departmental alert list, which will be used by dispatch and the other departments to alert personnel. SPECIAL DISTRICTS: Special districts with responsibilities under this plan will coordinate all planning efforts with the Ukiah Office of Emergency Services. SEMS FUNCTION MATRIX The City Office of Emergency Services has overall responsibility for coordinating the City's response to each identified hazard and threat. Departmental responsibilities are outlined in hazard/threat specific matrices. Typical activities/actions performed during a specific hazard/threat are listed on the vertical axis; and the five Standardized Emergency Management System (SEMS) functions are listed on the horizontal axis. For each activity/action, the departments' assigned responsibilities under this activity/action are listed under the appropriate SEMS function. The following legend will apply to all the matrices: MGT/CMD = Management/Command OPS = Operations Section PLN/INTELL - Planning/Intelligence Section LOG - Logistics Section FIN/ADMIN - Finance/Administration Section FD = Fire Department CD = Community Development ADMIN - Administration/City Manager/Mayors Office OES - Office of Emergency Services PW - Public Works PD - Police Department FIN - Finance SD - Special Districts UT - Utilities CS = Community Services PU = Public Utility BASIC PLAN -11- APRIL 2002 CITY OF UKIAH EMERGENCY PLAN DAM FAILURE SEMS FUNCTIONS ACTIVITY I MGTICMD I OPS IPLNIINTELL I LOG IFIN/ADMIN I INCIDENT COMMAND PD,FD,PW EVACUATION PD,FD PW, CD CONTROL ACCESS PD, FD, PW TRAFFIC/CROWD CONTROL PD, PW EOC OPERATIONS OES, PD, FD, CD, ADMIN ADMIN, FIN, ADMIN ADMIN, PD PW, CS, PU PW, OES NOTIFICATIONS PD COMMUNICATIONS PD, FD, PW PD FLOOD FIGHT OPS. PW, FD, SD CD STRUCTURAL ASSIGNMENTS PW, SD ADMIN, PD PUBLIC INFORMATION ADMIN, PD, FD, OES MED/RESCUE OPS. FD, PD SITUATION STATUS CD, PD, FD, PW DOCUMENTATION FIN, ADMIN PROCUREMENT FIN, ADMIN FATALITIES MGT PD, FD, PW CD UTILITY RESTORATION PU BASIC PLAN APRIL 2002 -12- CITY OF UKIAH EMERGENCY PLAN EARTHQUAKE SEMS FUNCTIONS INCIDENT COMMAND PD, FD, PW ESTABLISH PERIMETER PD, FD EVACUATION PD, FD PW, CS CONTROL ACCESS PD, FD, PW TRAFFIC/CROWD CONTROL PD, PW EOC OPERATIONS OES, FD, PD, FD, CD, ADMIN ADMIN, PW FIN, ADMIN CD, FIN, PW, CS, PU ADMIN, PD NOTIFICATIONS PD COMMUNICATIONS PD, FD, PD PW, OES INITIAL DAMAGE PD, FD, SD CD ASSESSMENT DETAILED DAMAGE CD CD ASSESSMENT SHELTER OPERATIONS CS ADMIN PUBLIC INFORMATION ADMIN, PD, PD, FD FD, OES MED/RESCUE OPS. FD, PD FIRE SUPPRESSION FD HAZMAT OPERATIONS PD DEBRIS REMOVAL PW FACILITY RESTORATION PW, CD UTILITY RESTORATION PU, SD SITUATION STATUS CD, PD, FD, PW DOCUMENTATION FIN, ADMIN VOLUNTEER MANAGEMENT ADMIN RECOVERY OPERATIONS ADMIN, PD, FD, PW, CD PROCUREMENT FIN, ADMIN FIN FATALITIES MGT PD, FD, PW CS BASIC PLAN APRIL 2002 -13- CITY OF UKIAH EMERGENCY PLAN WILDLAND FIRE SEMS FUNCTIONS INCIDENT COMMAND FD, PD ESTABLISH PERIMETER FD, PD EVACUATION FD, PD PW, CS CONTROL ACCESS FD, PD, PW TRAFFIC/CROWD CONTROL PD, PW EOC OPERATIONS OES, FD, FD, PD, CD, ADMIN ADMIN, FIN, ADMIN CD, FIN, PW, CS, PU PW, PD ADMIN, PD NOTIFICATIONS PD COMMUNICATIONS PD, FD, FD, PD OES INITIAL DAMAGE FD CD ASSESSMENT DETAILED DAMAGE CD CD ASSESSMENT SHELTER OPERATIONS CS ADMIN PUBLIC INFORMATION ADMIN, PD, PD, FD FD, OES MED/RESCUE OPS. FD,'PD FIRE SUPPRESSION FD HAZMAT OPERATIONS PD UTILITY RESTORATION PU, SD SITUATION STATUS CD, PD, FD, PW DOCUMENTATION FIN VOLUNTEER MANAGEMENT ADMIN RECOVERY OPERATIONS ADMIN, PD, FD, PW, CD PROCUREMENT ADMIN FIN FATALITIES MGT PD, FD, PW CS BASIC PLAN APRIL 2002 -14- CITY OF UKIAH EMERGENCY PLAN FLOOD SEMS FUNCTIONS INCIDENT COMMAND PD, FD ESTABLISH PERIMETER PD, FD EVACUATION PD, FD, PW PW, CD CONTROL ACCESS PD, FD, PW TF~FFIC/CROWD CONTROL PD, PW EOC OPERATIONS OES, PD PD, FD, CD, ADMIN ADMIN, FIN, ADMIN PW, CS, PU PW, PD NOTIFICATIONS PD, FD COMMUNICATIONS PD, FD, PD OES FLOOD FIGHT OPS PW, PD, FD, SD INITIAL DAMAGE PD, FD, SD CD ASSESSMENT DETAILED DAMAGE CD CD ASSESSMENT SHELTER OPERATIONS CS ADMIN PUBLIC INFORMATION ADMIN, PD, PD, FD FD, OES MED/RESCUE OPS. FD, PD FIRE SUPPRESSION FD HAZMAT OPERATIONS PD DEBRIS REMOVAL PW FACILITY RESTORATION PW, CS UTILITY RESTORATION PU, SD SITUATION STATUS CD, PD, FD, PW DOCUMENTATION FIN, ADMIN VOLUNTEER MANAGEMENT ADMIN RECOVERY OPERATIONS ADMIN, PD, FD, PW, CD PROCUREMENT FIN, ADMIN FIN FATALITIES MGT PD, FD, PW CS BASIC PLAN APRIL 2002 -15- CITY OF UKIAH EMERGENCY PLAN HAZMAT SEMS FUNCTIONS ACTIVITY I MGT/CMD I OPS IPLN/INTELL I LOG IFIN/ADMIN I ESTABLISH PERIMETER PD, FD EVACUATION PD,FD PW, CD CONTROL ACCESS PD, PW TRAFFIC/CROWD CONTROL PD, PW EOC OPERATIONS OES, PD PD, FD, PW CD, ADMIN ADMIN, PW NOTIFICATIONS PD, FD COMMUNICATIONS PD, FD, PD OES INITIAL DAMAGE PD, FD, SD CD ASSESSMENT ~)ETAILED DAMAGE CD CD ASSESSMENT SHELTER OPERATIONS FD, PD, CS ADMIN ~UBLIC INFORMATION PD, FD, OES MED/RESCUE OPS. PD, FD, OES FIRE SUPPRESSION FD HAZMAT OPERATIONS PD, FD, PW DEBRIS REMOVAL PW SITUATION STATUS CD, PD, FD, PW DOCUMENTATION ADMIN, OES FIN, ADMIN RECOVERY OPERATIONS ADMIN, PD, FD, PW, CD PROCUREMENT FIN, ADMIN FIN FATALITIES MGT PD, FD, PW CS APRIL 2002 BASIC PLAN -16- CITY OF UKIAH EMERGENCY PLAN LANDSLIDE SEMS FUNCTIONS INCIDENT COMMAND PW, PD, FD ESTABLISH PERIMETER PD, PW EVACUATION PD, FD PW, CD , CONTROL ACCESS PD, FD, PW TRAFFIC/CROWD CONTROL PD, PW EOC OPERATIONS OES, FD, PD, FD, CD, ADMIN ADMIN, FIN, ADMIN CD, FIN, PW, CS, PU PW, PD ADMIN, PD NOTIFICATIONS PD COMMUNICATIONS PD, FD, PD OES INITIAL DAMAGE PW CD ASSESSMENT DETAILED DAMAGE CD CD ASSESSMENT SHELTER OPERATIONS CS ADMIN PUBLIC INFORMATION ADMIN, PD, FD, OES MED/RESCUE OPS. FD, PD FIRE SUPPRESSION FD HAZMAT OPERATIONS PD DEBRIS REMOVAL PW FACILITY RESTORATION PW, CS UTILITY RESTORATION PU, SD SITUATION STATUS CD, PD, FD, PW DOCUMENTATION ADMIN, FIN OES VOLUNTEER MANAGEMENT ADMIN RECOVERY OPERATIONS ADMIN, PD, FD, PW, CD PROCUREMENT ADMIN FIN FATALITIES MGT PD, FD, PW CS BASIC PLAN APRIL 2002 -17- CITY OF UKIAH EMERGENCY PLAN CIVIL DISTURBANCE SEMS FUNCTIONS ACTIVITY I MGTICMD OPS IPLN/INTELL I LOG IFINIADMIN I ESTABLISH PERIMETER PD EVACUATION PD PW, CD CONTROL ACCESS PD. PW TRAFFIC/CROWD CONTROL PD, PW EOC OPERATIONS OES. FD, PD, FD. CD. ADMIN ADMIN. PW FIN, ADMIN CD, FIN, PW. CS, PU ADMIN. PD NOTIFICATIONS PD, FD COMMUNICATIONS PD, FD, PD OES INITIAL DAMAGE " PD, FD, SD CD ASSESSMENT DETAILED DAMAGE CD CD ASSESSMENT SHELTER OPERATIONS PUBLIC INFORMATION PD, FD, OES MED/RESCUE OPS. FD, PD FIRE SUPPRESSION FD HAZMAT OPERATIONS DEBRIS REMOVAL PW FACILITY RESTORATION UTILITY RESTORATION PU SITUATION STATUS CD, PD, FD, PW DOCUMENTATION ADMIN, OES FIN VOLUNTEER MANAGEMENT RECOVERY OPERATIONS PROCUREMENT FIN, ADMIN FIN FATALITIES MGT PD BASIC PLAN APRIL 2002 -18- CITY OF UKIAH EMERGENCY PLAN EXTREME WEATHER/STORM SEMS FUNCTIONS ACTIVITY I MGTICMD I OPS IPLNIINTELL I LOG IFIN/ADMIN I INCIDENT COMMAND PD ESTABLISH PERIMETER EVACUATION PD, FD. PW, CD CONTROL ACCESS PD, FD, PW -'RAFFIC CONTROL PD, PW EOC OPERATIONS OES, FD, PD, FD, CD, ADMIN ADMIN, PW FIN, ADMIN CD, FIN, PW, CS ADMIN, PD NOTIFICATIONS PD COMMUNICATIONS PD, FD, PD PW, OES INITIAL DAMAGE PD, FD, CD ASSESSMENT PW, SD DETAILED DAMAGE CD CD ASSESSMENT SHELTER OPERATIONS CS /~DMIN PUBLIC INFORMATION PD, FD, OES PD, FD MED/RESCUE OPS. FD, PD FIRE SUPPRESSION FD HAZMAT OPERATIONS PD DEBRIS REMOVAL PW FACILITY RESTORATION PW, CS UTILITY RESTORATION PU, SD SITUATION STATUS CD, PD, FD, PW DOCUMENTATION FIN, ADMIN VOLUNTEER MANAGEMENT ADMIN RECOVERY OPERATIONS ADMIN, PD, FD, PW, CD PROCUREMENT FIN, ADMIN FIN FATALITIES MGT PD, FD, PW CS BASIC PLAN APRIL 2002 -19- CITY OF UKIAH EMERGENCY PLAN TRAIN ACCIDENT SEMS FUNCTIONS ACTIVITY I MGTICMD I OPS IPLNIINTELL I LOG I FINIADMIN INCIDENT COMMAND PD, FD ESTABLISH PERIMETER PD, FD EVACUATION PD, FD PW, CD CONTROL ACCESS PD, FD, PW TRAFFIC/CROWD CONTROL PD, FD, PW EOC OPERATIONS OES, FD, PD, FD, CD, ADMIN ADMIN, FIN, ADMIN CD, FIN, PW, CS PW, PD ADMIN, PD NOTIFICATIONS PD, FD COMMUNICATIONS PD, FD, PD PW, OES INITIAL DAMAGE PD, FD, SD CD ASSESSMENT DETAILED DAMAGE CD CD ASSESSMENT SAFEGUARD EVIDENCE PD, FD SHELTER OPERATIONS CS PUBLIC INFORMATION ADMIN, PD, PD, FD FD, OES MED/RESCUE OPS. FD, PD FIRE SUPPRESSION FD HAZMAT OPERATIONS PD DEBRIS REMOVAL PW FACILITY RESTORATION UTILITY RESTORATION PU SITUATION STATUS CD, PD, FD, PW DOCUMENTATION ADMIN, OES FIN VOLUNTEER MANAGEMENT PROCUREMENT FIN, ADMIN FIN FATALITIES MGT PD, FD, PW CS BASIC PLAN APRIL 2002 -20- CITY OF UKIAH EMERGENCY PLAN MAJOR VEHICLE ACCIDENT SEMS FUNCTIONS INCIDENT COMMAND PD, FD PD ESTABLISH PERIMETER PD, FD CONTROL ACCESS PD, FD, PW TRAFFIC/CROWD CONTROL PD, PW EOC OPERATIONS OES, PD PD, FD, PW CD, ADMIN ADMIN, PW FIN, ADMIN NOTIFICATIONS PD COMMUNICATIONS PD, FD, PD PW, OES PUBLIC INFORMATION PD, FD, OES PD, FD MED/RESCUE OPS. FD, PD FIRE SUPPRESSION FD HAZMAT OPERATIONS PD DEBRIS REMOVAL PW UTILITY RESTORATION PU, SD SITUATION STATUS CD, PD, FD, PW DOCUMENTATION ADMIN, OES VOLUNTEER MANAGEMENT ADMIN RECOVERY OPERATIONS ADMIN, PD, FD, PW, CD PROCUREMENT ADMIN FIN FATALITIES MGT PD, FD, PW CS BASIC PLAN APRIL 2002 -21- CITY OF UKIAH EMERGENCY PLAN TERRORISM SEMS FUNCTIONS ACTIVITY MGTICMD I OPS IPLN/INTELL I LOG IFINIADMIN I INCIDENT COMMAND PD ESTABLISH PERIMETER PD EVACUATION PD, FD PW, CD CONTROL ACCESS PD, PW TRAFFIC/CROWD CONTROL PD, PW EOC OPERATIONS OES, FD, PD, FD, CD, ADMIN ADMIN, PW FIN, ADMIN CD, FIN, PW, CS, PU ADMIN, PD NOTIFICATIONS PD, FD COMMUNICATIONS PD, FD, PD OES SAFEGUARD EVIDENCE PD, FD DETAILED DAMAGE CD CD ASSESSMENT SHELTER OPERATIONS CS ADMIN PUBLIC INFORMATION PD, FD, OES PD, FD MED/RESCUE OPS. FD, PD FIRE SUPPRESSION FD HAZMAT OPERATIONS PD DEBRIS REMOVAL PW FACILITY RESTORATION PW, CS UTILITY RESTORATION PU, SD SITUATION STATUS CD, PD, FD, PW DOCUMENTATION ADMIN, OES FIN VOLUNTEER MANAGEMENT RECOVERY OPERATIONS PROCUREMENT FIN, ADMIN FIN FATALITIES MGT PD, FD, PW CS BASIC PLAN APRIL 2002 -22- CITY OF UKIAH EMERGENCY PLAN AIRPLANE CRASH SEMS FUNCTIONS INCIDENT COMMAND FD, PD ESTABLISH PERIMETER FD, PD EVACUATION PD, FD PW, CD CONTROL ACCESS PD, FD, PW TRAFFIC/CROWD CONTROL PD, PW EOC OPERATIONS ADMIN, PD, FD, PW CD, ADMIN ADMIN, PW FIN, ADMIN OES, FD, CD, FIN, PD NOTIFICATIONS PD COMMUNICATIONS PD, FD, PD PW, OES SAFEGUARD EVIDENCE PD, FD PUBLIC INFORMATION ADMIN, PD, PD, FD FD, OES MED/RESCUE OPS. FD, PD FIRE SUPPRESSION FD HAZMAT OPERATIONS PD DEBRIS REMOVAL FAA FACILITY RESTORATION PW, CS UTILITY RESTORATION PU, SD SITUATION STATUS PD, FD, PW DOCUMENTATION ADMIN, OES VOLUNTEER MANAGEMENT RECOVERY OPERATIONS PROCUREMENT FIN, ADMIN FIN FATALITIES MGT PD, FD, PW CS BASIC PLAN APRIL 2002 -23- CITY OF UKIAH EMERGENCY PLAN STANDARD OPERATING PROCEDURES DEVELOPMENT For the City of Ukiah Emergency Plan to be complete, each SEMS section, branch and unit must develop Standard Operating Procedures (SOPs). Upon completion, each SOP will become part of this plan by reference (Annex). These SOPs will contain, in detail, those actions that are necessary to fulfill the SEMS functional responsibilities under this plan. Each of the SOPs will include some generic information such as increased readiness activities, procedures for recalling departmental personnel, disaster assignments, and resource lists. Under a heading for each SEMS section, branch or unit, a descriptive list of what specific information will be in the SOPs is provided below to assist in developing SOPs. Once the SOPs are completed, they must be reviewed by the OES Coordinator and the Operational Area to ensure that the SOPs are consistent with current law and procedures. Strict adherence to the SOPs by departments is not required. Departments may deviate from SOPs to respond to unique needs in a particular response. Major variation from procedures shall be coordinated with the EOC. ADMINISTRATION/CITY MANAGER'S AND MAYOR'S OFFICES Increased Readiness Phase o Develop procedure for reviewing and updating Administration/City Manager's and Mayor's Offices SOPs. . In coordination with OES, identify alternate government facilities, including an alternate EOC. . In coordination with the Office of Emergency Services, develop the process and procedure for increasing public information efforts. . In coordination with the Office of Emergency Services, develop the process and procedure for recruiting volunteers and additional staff, including the procedure for registering them as Disaster Service Workers. Increased Response Operations I o In coordination with the Fire Department, Police Department, and the Office of Emergency Services, develop procedures to disseminate warnings, emergency public information, and instructions to citizens. . In coordination with the Office of Emergency Services, develop draft language for declaring a local emergency, including instructions on how to request a BASIC PLAN -24- APRIL 2002 CITY OF UKIAH EMERGENCY PLAN concurrence from the Director of the Governor's Office of Emergency Services, how to request a gubernatorial proclamation of a state of emergency, and how to request a presidential declaration. Include in the procedures the benefits of such proclamations and any additional actions that may be required after a proclamation. Extended Response Operations 1. In coordination with the Office of Emergency Services, develop the process and procedure for declaring a local emergency. 2. In coordination with the Office of Emergency Services, develop the process and procedure for disseminating emergency public information. 3. Develop procedures for protecting, controlling, and allocating vital resources. 4. Develop the process for communicating with the Disaster Council. Recovery Operations . In coordination with the Finance Department and the Office of Emergency Services, develop the procedures and processes used for recovery operations. . Develop procedures for continuing government operations, including the identification of alternate sites and succession of City leadership. OFFICE OF EMERGENCY SERVICES Increased Readiness Phase 1. Review and update Office of Emergency Services SOPs. 2. Check and expedite any repairs to the EOC and equipment, including testing systems. 3. Review procedures for pre-positioning resources and equipment. 4. Review and update processes and procedures for briefing City Manager, Mayor, and employees of an impending disaster situation. 5. Coordinate with Administration/City Manager's Office to review and revise the process and procedures for increasing public information releases. 6. Coordinate with Administration/City Manager's and Mayor's Office, the process and procedure for recruiting volunteers and additional staff, including the BASIC PLAN - ~ ~' - APRIL 200;. -25- CITY OF UKIAH EMERGENCY PLAN o . o 10. 11. 12. procedure for registering them as Disaster Service Workers. Prepare to mobilize auxiliary and volunteer staff and begin pre-positioning of resources and equipment. In coordination with the Police Department and the Fire Department, test the process for managing incidents at the field level, using the Incident Command System. Determine which state and federal agencies could be operating in the field and make initial contacts. In coordination with the Fire Department and the Police Department, test the process for communicating with and directing the central dispatch center, including the activation of the Emergency Alert List. Review maps of specific hazards (i.e., HazMat, dam inundation areas, flood inundation areas, earthquake faults, etc.) to be used by the various departments/emergency responders. Revise EOC SOPs, based on new conditions. Initial Response Phase o In coordination with the Fire Department, Police Department, and Administration/City Manager, develop procedures to disseminate warnings, emergency public information, and instructions to citizens. . In coordination with Administration/City Manager's and Mayor's Offices, develop procedures for drafting and declaring a local emergency, including how to request a concurrence from the Director of the Governor's Office of Emergency Services, how to request a gubernatorial proclamation of a state of emergency, and how to request a presidential declaration. Extended Response Operations . In coordination with Administration/City Manager's and Mayor's Offices, develop the process and procedure for maintaining a local emergency for an extended period of time. . In coordination with Administration/City Manager's Office, develop the process and procedure for responding to press inquiries for the duration of the emergency. , Develop procedures for the activation, operation, and deactivation of the Emergency Operations Center (EOC SOPs). BASIC PLAN APRIL 2002 CITY OF UKIAH EMERGENCY PLAN o Develop procedures and the process for communicating with the Mendocino Operational Area, surrounding jurisdictions, and special districts serving the City of Ukiah. Recovery Operations , . Develop procedures for the organization and preparation of after-action reports. In coordination with the Finance Department and Administration, develop the procedures and processes used for recovery operations. . Develop procedures for applying for state and federal disaster assistance programs. o In coordination with the Public Works and Community Services Departments, identify the process for conducting and analyzing potential hazard mitigation projects. o In coordination with the Fire Department, identify any residual hazards resulting from the disaster. FIRE DEPARTMENT Increased Readiness Phase: o Develop procedure for reviewing and updating the Fire Department SEMS SOPs. . Identify the process and develop procedures for checking critical Fire Department facilities and equipment, including testing systems. . Develop procedure for mobilizing Fire Department personnel and pre-positioning resources and equipment. . In coordination with the Police Department and the Office of Emergency Services, develop a process for managing incidents, at the field level, using the Incident Command System. o In coordination with the Office of Emergency Services and the Police Department, develop a process for communicating with and directing the central dispatch center, including the activation of the Emergency Alert List. , In coordination with the Police Department, develop the process and procedures to warn threatened elements of the population. BASIC PLAN -27- APRIL 2002 CITY OF UKIAH EMERGENCY PLAN , Ensure that hazardous material procedures are consistent with the Mendocino County Hazardous Materials Area Plan. Initial Response Phase o In coordination with the Police Department, Office of Emergency Services, and Administration/City Manager's Office, develop procedures to disseminate warnings, emergency public information, and instructions to Ukiah and surrounding area citizens. 2. Develop procedures for responding to and managing: train accidents; aircraft accidents, including military aircraft; major vehicle accidents; a dam failure (consistent with Op Area Inundation Plans); hazardous material incidents (consistent with County's HazMat Area Plan); earthquakes; floods; wildland fires; landslides; and extreme weather or storm situations. . Develop procedures for initiating: activities to implement Incident Action Plans; Windshield survey damage assessment following an earthquake or other sing property damage; medical operations, including triage operations; a needs assessment and subsequent requests for fire and rescue mutual aid; rescue operations, including swift water rescues; evacuation and rescue operations; and in coordination with the EMS authority, treatment for injured. (Medical/Triage SOP) Take into consideration specific planning requirements identified in the hazard analysis, in particular for hazardous materials and dam safety elements. Extended Response Operations o Develop the process and concept for EOC operations, including the communications and coordination protocol between the field and EOC Fire personnel. BASIC PLAN -28- APRIL 2002 CITY OF UKIAH EMERGENCY PLAN . Develop the schedules needed for extended operations with City personnel and the integration of outside resources. POLICE DEPARTMENT Increased Readiness Phase o Identify key management, with two alternates per position and develop list to maintain the chain of command. . Identify alternative government facilities, based on the hazard analysis. Develop plans for relocation of essential government operations. 3. Develop procedure for reviewing and updating Ukiah Police Department SOPs. o Identify the process and develop procedures for checking critical police department facilities and equipment, including testing systems. . Develop procedure for mobilizing Police Department personnel and pre- positioning resources and equipment. . In coordination with the Fire Department and the Office of Emergency Services, develop a process for managing incidents, at the field level, using the Incident Command System. . In coordination with the Office of Emergency Services and the Fire Department, develop a process for communicating with and directing the central dispatch center, including activation of the Emergency Alert List. . In coordination with the Fire Department, develop process and procedures to warn threatened elements of the population. Initial Response Phase I . In coordination with the Fire Department, Office of Emergency Services, and Administration/City Manager's and Mayor's Offices, develop procedures to disseminate warnings, emergency public information, and instructions to citizens. . Develop procedures for responding to: · train accidents; · aircraft accidents, including military aircraft; · major vehicle accidents; · a failure of any dams; · hazardous material incidents; · civil disturbances and terrorism incidents; · earthquakes; · floods; _ BASIC PLAN -29- APRIL 2002 CITY OF UKIAH EMERGENCY PLAN wildland fires; landslides; and extreme weather or storm situations. , Develop procedures for initiating: · "Windshield survey" damage assessment following an earthquake; · perimeter management, including access control; · isolating the incident, and controlling access to the incident; · request for law enforcement mutual aid; and · operations to safeguard evidence at aircraft and train accidents. o Develop procedures for evacuations/movement operations and traffic and crowd control operations, including the identification of evacuation routes, evacuation reception areas, shelter locations, and security for area. Take into consideration specific planning requirements that are identified in the hazard analysis, in particular for hazardous materials and dam safety elements. Ensure that all items under the Americans with Disabilities Act are covered for evacuations/movement operations. Extended Response Operations 1. Develop the process and concept of operations in the EOC, including the communications and coordination protocol between the field and EOC Law enforcement personnel. 2. In coordination with the County Coroner (Sheriff), develop procedures for managing fatalities. PUBLIC WORKS DEPARTMENT Increased Readiness Phase 1. Develop procedure for reviewing and updating Public Works SOPs. 2. Identify the process and develop procedures for checking critical Public Works facilities and equipment, including testing systems. 3. Develop procedure for mobilizing Public Works personnel and pre-positioning resources and equipment. 4. Identify and develop procedures for restoring services to critical facilities that do not belong to the City. BASIC PLAN APRIL 2002 -30- CITY OF UKIAH EMERGENCY PLAN Initial Response Operations 1. Develop procedures for responding to: a failure of any dam; earthquakes; floods; landslides; and extreme weather or storm situations. . Develop procedures for initiating: damage assessment operations at the dam; damage assessment operations for critical facilities, including infrastructure; debris removal operations; repair and restoration activities for damaged facilities and infrastructure; flood fighting activities/actions; sand bagging operations; hazardous waste clean up and disposal operations; clearing and shoring operations for landslide areas; and request for public works mutual aid. Extended Response Operations 1. Develop procedure for restoring vital services. 2. Determine need for mutual aid and or private contracts. Recovery Operations . In coordination with the Ukiah Office of Emergency Services and Community Development Department, identify the process for conducting and analyzing potential hazard mitigation projects. . In cooperation with the Planning Department, consider changes to current building codes, to include non-structural hazard mitigation. BASIC PLAN -31- APRIL 2002 CITY OF UKIAH EMERGENCY PLAN PUBLIC UTILITIES DEPARTMENT Increased Readiness Phase 1. Develop procedures for reviewing and updating Public Utility SOPs. . Identify the process and develop procedures for checking critical Public Utility facilities and equipment, including testing systems. , Identify and develop procedures for restoring services to critical facilities (other than City). , Develop procedures for mobilizing Public Utility personnel and pre-positioning equipment and resources. Initial Response Operations 1. Develop procedures for responding to: · a dam failure · earthquakes · floods · landslides · extreme weather or storms 2. Develop procedures for initiating: utility system damage assessment operations damage assessment operations at the dam damage assessment operations for critical facilities, including infrastructure repair and restoration activities for damaged facilities, utility systems, and infrastructure hazardous waste clean up and disposal operations request for public utilities mutual aid Extended Response Operations Develop procedures for restoring the infrastructure. Recovery Operations In coordination with the Ukiah Office of Emergency services and the Community Development Department, identify the process for conducting and analyzing potential hazard mitigation projects. BASIC PLAN APRIL 2002 -32- CITY OF UKIAH EMERGENCY PLAN COMMUNITY SERVICES DEPARTMENT Increased Readiness Phase o Develop procedure for reviewing and updating Community Services Department SOPs. , Identify the process and develop procedures for checking critical Community Services Department facilities and equipment, including testing systems. , Develop procedure for mobilizing Community Services Department personnel and pre-positioning resources and equipment. Initial Response Operations 1. Develop procedures for assessing mutual aid needs. , In coordination with the Fire Department, develop procedures for treating the injured, including activating Field treatment sites (Medical Care/Triage SOP.) . In coordination with the American Red Cross, develop procedures for caring for displaced persons (Shelter Operations SOP - Annex G of the Op Area Plan). Ensure that all items under the Americans with Disabilities Act are considered when opening and managing a shelter. , Develop procedures for transporting patients from the field to local medical facilities. . Develop procedures for activating and participating in the Hospital Emergency Amateur Radio (HEAR) system. , In coordination with the County Health Department, develop procedures for vector control operations. , In coordination with County Animal Control develop procedures for the care and shelter of pets and livestock. Extended Response Operations I o . . Develop procedures to initiate mutual aid request for building inspectors following an earthquake. Develop procedures to manage building inspection teams. Develop procedures for conducting advance planning activities. BASIC PLAN -33- APRIL 2002 CITY OF UKIAH EMERGENCY PLAN o o Develop procedures for creating a situation status report for the disaster to obtain the "big picture," include the updating process. Develop procedures for tracking resources. Recovery Operations 1. Identify the process used by the Redevelopment Agency to rebuild damaged areas of Ukiah under redevelopment laws and regulations. 2. Identify the process for recording damaged areas of the City. FINANCE DEPARTMENT Increased Readiness Phase o . , Develop procedure for reviewing and updating Finance Department SOPs. Establish procedures for separate accounting of disaster related expenses. Establish procedures for manual accounting in the event computers systems fail. Extended Response Operations 1. Develop procedures for procuring emergency resources to sustain operations. 2. Develop the process for documenting the financial cost of disaster response and recovery operations (a disaster accounting system). Recovery Operations 1. In coordination with the Office of Emergency Services and Administration, develop the procedures and processes used for recovery operations. 2. Develop the process and procedure for tracking employees' time and issuing paychecks during disaster operations. 3. Develop process and the procedures for submitting and processing workers' compensation claims. 4. Develop process and procedures for submitting and processing Disaster Service Worker's Compensation claims for volunteers. APRIL 200Z BASIC PLAN -34- CITY OF UKIAH EMERGENCY PLAN COMMUNITY DEVELOPMENT DEPARTMENT Increased Readiness Phase 1. Develop procedure for reviewing and updating Community Development Department SOPs. 2. Identify the process and develop procedures for checking critical facilities. 3. Develop procedure for mobilizing Community Development Department personnel and pre-positioning resources and equipment. 4. Prepare a Damage Assessment Estimate book for all buildings and structures within the City limits based upon current valuation by zone. Initial Response Operations 1. Develop procedures for responding to: a failure of any dam earthquakes flooding landslides aircraft crashes extreme weather or storm situations any other event that may cause damage to buildings and structures . Develop procedures for initiating and recording: utility system damage assessment operations following an earthquake damage assessment operations at any dam damage assessment operations for critical facilities, including infrastructure inspection of damaged facilities, utility systems, and infrastructure; inspection of repaired critical facilities request for Building Inspector mutual aid prepare and submit all reports as part of the Planning/Intelligence function in the EOC Extended Response Operations 1. Develop procedures for procuring emergency resources to sustain operations. 2. Develop procedures for performing detailed safety inspections of damaged facilities following an earthquake, or other event, including the process of determining whether a structure will be rebuilt or demolished. BASIC PLAN --- ~ ~ -, APRIL 2002 CITY OF UKIAH EMERGENCY PLAN . Develop the process for documenting the disaster response and recovery operations utilizing RIMS. Recovery Operations o In coordination with the Office of Emergency Services and Administration, develop the procedures and processes used for recovery operations. ° Recommend changes in City building ordinances based upon damage found, whether structural or non-structural. AIRPORT Increased Readiness Phase 1. Develop procedure for reviewing and updating Airport SOPs. . Identify the process and develop procedures for checking critical facilities including runways, taxiways, fuel systems and buildings. o Develop procedure for mobilizing Airport personnel and pre-positioning resources and equipment. . Prepare a Damage Assessment Plan to include damage to tenant aircraft and facilities. . Prepare air traffic control measures for emergency operations to include notification of Federal and State authorities, designated operational areas on the field and restriction of services to non-emergency operations. . Prepare an Emergency Operations Plan that would permit use of all facilities 24 hours a day, use of a temporary control tower and temporary restriction of air space. Initial Response 1. Develop procedures for responding to: a failure of any dam earthquake flood aircraft crash extreme weather or storm situations any other event that may cause damage to buildings and structures or the ability to operate _ ,.(..~ _ BASIC PLAN -36- APRIL 2002 CITY OF UKIAH EMERGENCY PLAN Operations plans for support of aircraft operations utilizing the airport as a logistical base for events that have occurred outside the immediate area . Develop procedures for initiating and recording: damage assessment operations for critical facilities, including runways, ramps, taxiways, fuel systems, weather reporting equipment, lighting and aids to navigation inspection of damaged facilities, utility systems, and infrastructure; inspection of repaired critical facilities with FAA certification as appropriate prepare and submit all reports to the Planning/Intelligence function in the EOC Extended Response Operations 1. Develop procedures for procuring emergency resources to sustain operations. , Develop the process for documenting the disaster response and recovery operations utilizing RIMS. Recovery Operations o In coordination with the Office of Emergency Services and Administration, develop the procedures and processes used for recovery operations. , In coordination with the California Department of Transportation and the Federal Aviation Administration, procure any special funding and assistance needed to return the Facility to full operations. 3. Maintain extended service hours in support of operations providing assistance to Mendocino County and adjoining counties. AUTHORITIES AND REFERENCES The authority for the City of Ukiah Emergency Plan is provided in the California Emergency Services Act (Chapter 7 of Division 1 of Title 2 of the Government Code). Ukiah ordinance number 97-02 provides for the authority of implementing the SOP. In development of this SOP, references were used from many sources such as, Mendocino Operational Area Emergency Plan, the Standardized Emergency Management System (SEMS) Regulations (California Government Code 8607 et seq) and Guidelines, and the State Emergency Plan. BASIC PLAN APRIL 2002 -37- CITY OF UKIAH EMERGENCY PLAN TRAINING AND EXERCISING The Ukiah Office of Emergency Services (OES) as supported by the Mendocino Emergency Services Authority (MESA)is responsible for developing and providing all training required under the Standardized Emergency Management System (SEMS) regulations. The departments are responsible for providing training for all department emergency responders, ensuring that all applicable laws are met, and employees are familiar with and knowledgeable of department Standard Operating Procedures (SOPs) and the City's Emergency Plan. OES in coordination with the City Manager and MESA, is responsible for developing and distributing an exercise schedule, covering the exercises to be conducted throughout a given calendar year. Each department is responsible for sending emergency responders to these scheduled events pursuant to the exercise schedule published by OES and as directed by the City Director of Emergency Services. BASIC PLAN APRIL 2002 -38- CITY OF UKIAH EMERGENCY PLAN Notes BASIC PLAN -39- APRIL 2002 AGENDA ITEM NO: MEETING DATE: 9c February 5, 2003 SUMMARY REPORT SUB.1ECT: PRESENTATION AND DISCUSSION REGARDING TELEVISING CITY COUNCIL HEETINGS---COUNCILMEHBER ANDERSEN Councilmember Andersen requested that this item be agendized for discussion by the City Council. The City Manager and Councilmember Andersen met with Steve Lamb, General Manager for Adelphia Cable's local office, to discuss the equipment needed and associated costs for televising City Council meetings. Basically, there are several options to consider if the Council wishes to proceed: 1) Videotape the meeting and televise later; 2) Televise direct, real time relay; 3) Televise direct, real time relay, and videotape for re-airing of the program. Steve Lamb recommended that there be two cameras, each on opposite sides of the Council Chambers, so that the cameras could pan the City Council, staff and audience. A video feed would go into a common combiner and then to the feeder, a fiber line tied between the City and the cable company. Equipment costs will include two cameras, an actuating mechanism, super VMS cameras and deck for up to eight hours of recording, a combiner, which should also include audio, and an operator to run the equipment. The operator could be in a separate room with a video monitor and would turn the cameras remotely. (Continued on page 2) RECOMMENDED ACTION: Receive presentation, discuss the various options, and provide direction to staff. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Councilmember Andersen Candace Horsley, City Manager Steve Lamb, General Manager, Adelphia Cable 1. Estimate from Pomo TV Approved:'~~)_. Candace Horsley, City M~nager 4:CAN/ASR.televisemtgs.20503 The estimated costs for the initial equipment system is approximately $40,000, with some support for running cable and labor from Adelphia. Should a digital system be utilized, a converter to change the signal back to a radio frequency would also need to be included at additional expense, and CDs would be utilized rather than videotapes. An estimate, calculated by Pomo TV, is attached. The life expectancy of the equipment varies, based upon the specific equipment, use and maintenance. We are currently in negotiations with Adelphia requesting that they pay for the equipment. We will also need a maintenance contract, with a warranty for the original purchase, of at least one year. Additional costs for the operator, videotapes, and maintenance contracts, as well as the capital costs of equipment replacement and preparation of the operator's room have not been calculated. Steve Lamb will provide additional comments and be available for questions at the meeting. Staff recommends that Council discuss the issue and provide direction regarding whether to continue pursuing information on this topic at this time, or upon completion of Adelphia negotiations, or include it as a discussion item at the pre-budget workshop. POMA TV 198 South School Street Ukiah California, 95482 707-462-3500 January 30, 2003 Candace Horsley City Manager City of Ukiah 300 Seminary Drive Ukiah, CA 95482 RE: Closed Circuit Video System Dear Ms. Horsley: Poma TV is pleased to provide this bid for a closed circuit video system to cablecast from the City of Ukiah Council Chambers. This system allows for live cable casting, as well as delayed cable casting via recorded media. The bid includes a choice of video monitors, only one is required, as the two video feeds will be viewed by the Operator via split screen. There is also a choice of recording and playback devices to take into account. The installation labor includes all aspects of installing the cameras and their individual; components, the controller/multiplexer, all cabling, and interface with the existing audio system. If you have any questions, please contact me at your earliest convenience at 462-3500. Sincerely, Bruce Poma POMA TV CLOSED CIRCUIT BID FOR: CITY OF UKIAH 198 South School Street Ukiah, California, 95482 707-462-3500 CAMERA'S~ CONTROLLER~ AND SWITCHER QTY P/N DESCRIPTION UNIT COST EXTENSION 2 PAN AWE600 PRO 3-CCD 1/2" CAMERA $4,106.30 $8,212.60 2 PAN YH16X7KTSM MOTORIZED LENS $2,563.00 $5,126.00 2 PAN AWP350 PAN TILT SYSTEM $4,118.40 $8,236.80 2 PAN AWPS350 PAN POWER SUPPLY $605.00 $1,210.00 1 PAN AWHB505 MULTI PORT MULTIPLEXER $2,382.60 $2,382.60 1 PAN AWPS301 PRO POWER SUPPLY $110.00 $110.00 1 PAN AWPS505 PRO POWER SUPPLY $281.60 $281.60 1 PAN AWRPS05 HYBRID CONTROL PANEL $2,082.30 $2,082.30 2 PAN AWPB305 STUDIO FEATURE CARD $390.50 $781.00 2 PAN AWCASOTI 5 PRO LENS CABLE $130.90 $261.80 2 CAT5 VIDEO CABLES $150.00 $300.00 MONITORS (select one) PAN CT2088YD PAN CT2788YD $28,984.70 IPRO 20" COLOR MONITOR PRO 27" COLOR MONITOR $385.00I $385.00} $438.90 $438.90 RECORDING DEVICES (select one) PAN AGDS555 IPRO SVHS RECORDER TBC PAN DMR-T3040 [PRO DVD VIDEO RECORDER $4,290.00 $946.00 $4,290.00 $946.00 CAMERA'S, CONTROLLER, AND SWITCHER MONITOR RECORDING DEVICE MISC FREIGHT INSTALLATION LABOR (SEE NOTE 1) $28,984.70 $ $250.00 $75O.OO GRAND TOTAL Note 1: Installation labor includes complete installation of the closed circuit video system. Also includes integration of the existing audio system to close circuit video system and intitial start-up and testing. Note 2: Training support for Operator: $50.00 per hour (normal 2 hours required). AGENDA ITEM NO: 9d MEETING DATE: February 5, 2003 SUMMARY REPORT SUB3ECT: PRESENTATZON AND DTSCUSSTON OF 1998 CONFLZCTS OF ZNTEREST PAMPHLET PREPARED BY THE AI-rORNEY GENERAL- CZTY ATTORNEY DAVTD RAPPORT City Attorney David Rapport will provide an overview of the Fair Political Practices Commission's (FPPC) eight-step approach for determining when a public official has a disqualifying conflict of interest. Attached for Council's information is a modified version of the Supplemental Information Concerning the 1998 Conflicts of Interest Pamphlet prepared by the Attorney General, and the current version of the FPPC regulations referenced in the pamphlet. RECOMMENDED ACTION: Receive presentation. ALTERNATZVE COUNCZL POLI~CY OPTzONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Candace Horsley, City Manager David Rapport, City Attorney Candace Horsley, City Manager Supplemental Information Concerning :[998 Conflicts of Interest Pamphlet, as modified by City Attorney Rapport 2. Current version of FPPC regulations Ap p roved :L-~;~-'--'v~ Candace Horsley, CiW~anager 4:CAN/ASR.conflictinterest. 20503 Office of the Attorney General -California Department of Justice Supplemental Information Concerning 1998 Conflicts of Interests Pamphlet There have been several noteworthy occurrences since the publication of the Attorney General's 1998 Conflicts of Interests pamphlet. Below is a brief summary of the most important issues. Renumbering of regulations: Chapter I of the pamphlet concerning conflict of interests under The Political Reform Act makes numerous references to the regulations of the Fair Political Practices Commission. Subsequent to the publication of the pamphlet, the Commission re-organized and re-numbered its regulations. For your reference, enclosed is a Commission regulation that converts the original numbering system into the ney,' one. Litigation enjoining Proposition 208: Chapter V of the pamphlet concerning enforcement under the Political Reform Act includes a discussion of amendments enacted by Proposition 208 in 1996. Subsequent to the preparation of the pamphlet, Proposition 208 was enjoined by a federal district court, and this matter is still in litigation. Contractual conflicts of interest; amendment of section 1091(b)(2): Chapter VI of the pamphlet discusses Government Code section 1090 which prohibits officials from participating in the making of public contracts in which they have a financial interest. Section 1091 provides limited exceptions to this general prohibition. Subdivision (b)(2) of that section was amended effective January 1, 1999 to provide as follows: (b) As used in this article, "remote interest" means any of the following' (2) That of an employee or agent of the contracting party, if the contracting party has 10 or more other employees and if the officer '`vas an employee or agent of that contracting party for at least three ','ears prior to the officer initially accepting his or her office and the officer owns less than 3 percent of'the shares of stock of the contracting party; and the employee or agent is not an officer or director of the contracting party and did not directly participate in formulating the bid of the contracting party. For purposes of this paragraph, time of employment with the contracting party by the officer shall be counted in computing the three-year period specified in this paragraph even though the contracting party has been converted from one form of business organization to a different form of business organization within three years of the initial taking of office by the officer. Time of employment in that case shall be counted only if, after the transfer or change in organization, the real or ultimate ownership of the contracting party is the same or substantially similar to that which existed before the transfer or change in organization. For purposes of this paragraph, stockholders, bondholders, partners, or other persons holding an interest in the contracting party are regarded as having the "real or ultimate ownership" of the contracting party.. ARTICLE 1. CONFLICTS OF INTEREST; GENERAL PROHIBITION §§18700. Basic Rule; Guide to Conflict of Interest Regulations. (a) No public official at any level of state or local government may make, participate in making or in any way use or attempt to use his/her official position to influence a governmental decision in which he/she knows or has reason to know he/she has a disqualifying conflict of interest. A public official has a conflict of interest if the decision will have a reasonably foreseeable material financial effect on one or more of his/her economic interests, unless that effect is indistinguishable from the effect on the public generally. A conflict of interest is disqualifying if the public official's participation is not legally required. (b) To determine whether a given individual has a disqualifying conflict of interest under the Political Reform Act, proceed with the following analysis: (1) Determine whether the individual is a public official, within the meaning of the Act. (See Cal. Code Regs., tit. 2, §§ 18701.) If the individual is not a public official, he or she does not have a conflict of interest within the meaning of the Political Reform Act. (2) Determine whether the public official will be making, participating in making, or using or attempting to use his/her official position to influence a government decision. (See Cal. Code Regs., tit. 2, §§ 18702.) If the public official is not making, participating in making, or using or attempting to use his/her official position to influence a government decision, then he or she does not have a conflict of interest within the meaning of the Political Reform Act. (3) Identify the public official's economic interests. (See Cal. Code Regs., tit. 2, §§ 18703.) Six economic interests: 1. Business entity; 2. Organizations in which official is director, officer, partner, trustee, employee or in a management position; 3. Real property in which official has direct or indirect interest of $2,000 or more; 4. Source of income of $500 or more within preceding 12 months; 5. Source of gifts of $320 or more within 12 months; and 6. Personal expenses, income, assets or liabilities of official and his or her immediate family (4) For each of the public official's economic interests, determine whether that interest is directly or indirectly involved in the governmental decision which the public official will be making, participating in making, or using or attempting to use his/her official position to influence. (See Cal. Code Regs.. tit. 2, §§ 18704.) For Business Entities, Sources of Income, Sources of Gifts: (a) A person, including business entities, sources of income, and sources of gifts, is directly involved in a decision before an official's agency when that person, either directly or by an agent: (1) Initiates the proceeding in which the decision will be made by filing an application, claim, appeal, or similar request or; (2) Is a named party in, or is the subject of, the proceeding concerning the decision before the official or the official's agency. A person is the subject of a proceeding if a decision involves the issuance, renewal, approval, denial or revocation of any license, permit, or other entitlement to, or contract with. the subject person. (b) All other decisions affecting a person are indirect. For Real Property: (a) Real property in which a public official has an economic interest, is directly involved in a governmental decision if that real property is the subject of the governmental decision, or if any part of that real property is located within 500 feet of the boundaries (or proposed boundaries) of the real property which is the subject of the governmental decision. Real property is the "subject of the governmental decision" if: ( 1 ) The governmental decision involves the zoning or rezoning, annexation or deannexation, sale, purchase, or lease, or inclusion in or exclusion from any city, county, district or other local governmental subdivision, of the real property., or a similar decision affecting such real property; (2) The governmental decision involves the issuance, denial or revocation of a license, permit or other land use entitlement authorizing a specific use or uses of such real property; (3) The governmental decision involves the imposition, repeal or modification of any taxes or fees assessed or imposed on such real property; or (4) The governmental decision is to designate the survey area, to select the project area, to adopt the preliminary plan, to form a project area committee, to certify the environmerlal document, to adopt the redevelopment plan, to add territory to the redevelopment area, or to rescind or amend any of the above decisions; and real properly in which the official has an interest, or any part of it is located within the boundaries (or the proposed boundaries) of the redevelopment area. For purposes of this subdivision, real property is located "within 500 feet of the botmdaries (or proposed boundaries) of the real property which is the subject of the governmental decision" if any part of the real property is within 500 feet of the boundaries (or proposed boundaries) of the redevelopment project area. (5) The decision involves construction of, or improvements to, streets, water. sewer, storm drainage or similar facilities, and the real property will receive new or improved services. As ~sed in this subdivision, "new or improved services" do not include repairs, replacement, or maintenance of existing services. (6) For purposes of this subdivision, the terms "zoning" and "rezoning" shall refer to the act of establishing or changing the zoning or land use designation on the subject property. The ~erms "zoning" and "rezoning" shall not refer to an amendment of an existing zoning ordinance or other land use regulation (such as changes in the uses permitted, or development standards applicable, within a particular zoning catego~) which is applicable to all other properties designated in that category, which si,ali be analyzed under Title 2, California Code of Regulations, section 18705.2(b). For Personal Finances: (a) A public official or his or her immediate family are deemed to be directly involved in a governmental decision which has any financial effect on his or her personal finances or those of his or her immediate fam~y. (5) Determine the applicable materiality standard for each economic interest, based upon the degree of involvement determined pursuant to California Code of Regulations, title 2, section 18704. (See Cal. Code Regs., tit. 2, §§ 18705.) (6) Determine whether it is reasonably foreseeable that the governmental decision will have a material financial effect (as defined in California Code of Regulations, title 2, section 18705) on each economic interest identified pursuant to California Code of Regulations, title 2, section 18703. (See Cal. Code Regs., tit. 2, §§ 18706.) If it is not reasonably foreseeable that there will be a material financial effect on any of the public official's economic interests, he or she does not have a conflict of interest within the meaning of the Political Reform Act. (7) Determine if the reasonably foreseeable financial effect is distinguishable from the effect on the public generally. If the reasonably foreseeable material financial effect on the public official's economic interest is indistinguishable from the effect on the public generally, he or she does not have a conflict of interest within the meaning of the Political Reform Act. If the reasonably foreseeable material financial effect on the public official's economic interest is distinguishable from the effect on the public generally, he or she has a conflict of interest within the meaning of the Political Reform Act. (See Cal. Code Regs., tit. 2, §§ 18707.) (8) Determine if the public official's participation is legally required despite the conflict of interest. (See Cal. Code Regs.. tit. 2. §§ 18708.) Office of the Attorney General - California Department of Justice Supplemental Information Concerning 1998 Conflicts of Interests Pamphlet There have been several noteworthy occurrences since the publication of the Attorney General's 1998 Conflicts of Interests pamphlet. Below is a brief summary of the most important issues. Renumbering of regulations: Chapter I of the pamphlet concerning conflict of interests under The Political Reform Act makes numerous references to the regulations of the Fair Political Practices Commission. Subsequent to the publication of the pamphlet, the Commission re-organized and re-numbered its regulations. For your reference, enclosed is a Commission regulation that converts the original numbering system into the new one. Litigation enjoining Proposition 208: Chapter V of the pamphlet concerning enforcement under the Political Reform Act includes a discussion of amendments enacted by Proposition 208 in 1996. Subsequent to the preparation of the pamphlet, Proposition 208 was enjoined by a federal district court, and this matter is still in litigation. Contractual conflicts of interest; amendment of section 1091(b)(2): Chapter VI of the pamphlet discusses Government Code section 1090 which prohibits officials from participating in the making of public contracts in which they have a financial interest. Section 1091 provides limited exceptions to this general prohibition. Subdivision (b)(2) of that section was amended effective January 1, 1999 to provide as follows: (b) As used in this article, "remote interest" means any of the following: (2) That of an employee or agent of the contracting party, if the contracting party has 10 or more other employees and if the officer was an employee or agent of that contracting party for at least three years prior to the officer initially accepting his or her office and the officer owns less than 3 percent of the shares of stock of the contracting party; and the employee or agent is not an officer or director of the contracting party and did not directly participate in formulating the bid of the contracting party. For purposes of this paragraph, lime of employment with the contracting party by the officer shall be counted in computing the tin'ee-year period specified in this paragraph even though the contracting party has been converted from one form of business organization to a different form of business organization within three years of the initial taking of office by the officer. Time of employment in that case shall be taunted only if, after the transfer or change in organization, the real or ultimate ownership of the coIaracting party is the same or substantially similar to that which existed before the transfer or chas~ge in organization. For purposes of this paragraph, stockholders, bondholders, partners, or other persons holding an interest in the contracting party are regarded as having the "real or ultimate ownership" of the contracting party. Article 1. Conflicts of Interest; General Prohibition §18700. Basic Rule; Guide to Conflict of Interest Regulations. (a) No public official at any level of state or local government may make, participate in making or in any way use or attempt to use his/her official position to influence a governmental decision in which he/she knows tnhas reason to know he/she has a disqualifying conflict of interest. A public official has a conflict of interest if the decision will have a reasonably foreseeable material financial effect on one or more of his/her economic interests, unless that effect is indistinguishable from the effect on the public generally. A conflict of interest is disqualifying if the public official's participation is not legally required. (b) To determine whether a given individual has a disqualifying conflict of interest under the Political Reform Act, proceed with the following analysis: ( 1 ) Determine whether the individual is a public official, withinlhe meaning of the Act. (See Cal. Code Regs., tit. 2, § 18701.)If the individual is not a public official, he or she does not have a conflict of interest within the meaning of the Political Reform Act. (2) Determine whether the public official will be making, participating in making, or using or attempting to use his/her official position to influence a government decision. (See Cal. Code Regs., tit. 2, § 18702.) If the public official is not making, participating in making, or using or attempting to use his/her official position to influence a government decision, then he or she does not have a conflict of interest within the meaning of the Political Reform Act. (3) Identify the public official's economic interests. (See Cal. Code Regs.~ tit. 2, § 18703.) (4) For each of the public official's economic interests, determine whether that interest is directly or indirectly involved in the governmental decision which the public official will be making, participating in making, or using or attempting to use his/her official position to influence. (See Cal. Code Regs., tit. 2, § 18704.) (5) Determine the applicable materiality standard for each economic interest, based upon the degree of involvement determinedpursuant to California Code of Regulations, title 2, section 18704. (See Cal. Code Regs., tit. 2, § 18705.) (6) Determine whether it is reasonably foreseeable that the governmental decision will have a material financial effect (as del'reed in California Code of Regulations, title 2, section 18705) on each economic interest identified pursuant to California Code of Regulations, title 2, section 18703. (See Cal. Code Regs., tit. 2, § 18706.) If it is not reasonably foreseeable that there will be a material financial effect on any of the public official's economic interests, he or she does not have a conflict of interest within the meaning of the Political Reform Act. (7) Determine if the reasonably foreseeable financial effect is distinguishable from the effect on the public generally. If the reasonably foreseeable material financial effect on the public official's economic interest is indistinguishable from the effect on the public generally, he or she does not have a conflict of interest within the meaning of the Political Reform Act. If the reasonably foreseeable material financial effect on the public official's economic interest is distinguishable from the effect on the public generally, he or she has a conflict of interest within the meaning of the Political Reform Act. (See Cal. Code Regs., tit. 2, § 18707.) (8) Determine if the public official's participation is legally required despite the conflict of interest. (See Cal. Code Regs., tit. 2, § 18708.) Note: The Commission's conflict-of-interest regulations were significantly restructured and renumbered in October 1998. The following table may be used to locate provisions of law in the restructured regulations based upon a citation to the previous section numbering: Regulation before October 1998 amendments 18700(a) 18700(a)(1) 18700(a)(2) 18700(b) 18700(c) 18700(c)(1) 18700(c)(2) 18700(c)(2)(A) 18700(c)(2)(B) 18700(d) 18700(d)(I) 18700(d)(2) 18700(d)(3) Regulation after October 1998 amendments 18701(a) 18701(a)(1) 18701(a)(2) 18702.1 18702.2 18702.2(a) 18702.2(b) 18702.2(b)(1) 18702.2(b)(2) 18702.4(a) 18702.4(a)(1) 18702.4(a)(2) 18702.4(a)(3) 18700.1 18700.1(a) 18700.1(b) 18700.1(c) 18701(a) 18701(b) 18701(b)(1) 18701(b)(2) 18701(b)(3) 18701(b)(4) 18701(c) 18701(c)(1) 18701(c)(1) 18702(a) 18702(a)(1) 18702(a)(2) 18702(a)(2)(A) 18702(a)(2)(B) 18702(a)(2)(C) 18702(a)(2)(D) 18702(a)(2)(E) 18702(a)(3) 18702(a)(4) 18702(b) 18702(c) 18702(d) 18702.3 18702.3(a) 18702.4(b) 18702.3(b) 18708(a) 18708(b) 18708(b)( 1 ) 18708(b)(2) 1870{1(b)(3) 18708(b)(4) 18708(c) 18708(c)( 1 ) 18708(c)(2) none none none none none none none none 18704 18703 18705(b) 18707(a)(1) 18707(a)(2) Copr. © West 2003 No Claim to Orig. U.S. Govt. Works 2 CA ADC S 18701 2 CCR s 18701 Cal. Admin. Code tit. 2, s 18701 BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS TITLE 2. ADMINISTRATION DIVISION 6. FAIR POLITICAL PRACTICES COMMISSION CHAPTER 7. CONFLICTS OF INTEREST ARTICLE 1. CONFLICTS OF INTEREST; GENERAL PROHIBITION This database is current through 1/10/2003, Register 2003, No. 02. s 18701. Public Official, Definitions. (a) For purposes of Government Code Section 82048, which defines "public official," and Government Code Section 82019, which defines "designmed employee," the following definitions apply: (1) "Member" shall include, but not be limited to, salaried or unsalaried members of committees, boards or commissions with decisionmaking authority. A committee, board or commission possesses decisionmaking authority whenever: (A) It may make a final governmental decision; amendment or modification by another public official or govermnental agency. (2) "Consultant" means an individual who, pursuant to a contract with a state or local government agency: (A) Makes a governmental decision whether to: 1. Approve a rate, rule, or regulation; 2. Adopt or enforce a law; 3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; 4. Authorize the agency to enter into, modify, or renew a contract provided it is the type of contract that requires agency approval; 5. Grant agency approval to a contract that requires agency approval and to which the agency is a party, or to the specifications for such a contract; (B) It may compel a governmental decision; or it may prevent a governmental decision either by reason of an exclusive power to initiate the decision or by reason of a veto that may not be overridden; or (C) It makes substantive recommendations that are, and over an extended period of time have been, regularly approved without significant 6. Grant agency approval to a plan, design, report, study, or similar item; 7. Adopt, or grant agency approval of, policies, standards, or guidelines for the agency, or for any subdivision thereof; or (B) Serves in a staff capacity with the agency and in that capacity participates in making a governmental decision as defined in Regulation 18702.2 or performs the same or substat~lly all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency's Conflict of Interest Code under Government Code Section 87302. (b) For purposes of Government Code Section 87200, the following definitions apply: (1) "Other public officials who manage public investments" means: (A) Members of boards and commissions, including pension and retirement boards or commissions, or of committees thereof, who exercise responsibility for the management of public investments; (B) High-level officers and employees ofpublic agencies who exercise primary responsibility for the management of public investments, such as chief or principal investment officers or chief financial managers. This category shall notinclude officers and employees who work under the supervision o fthe chief or principal investment officers or the chief financial managers; and (C) Individuals who, pursuant to a contract with a state or local government agency, perform the same or substantially all the same functions that would otherwise be performed by the public officials described in subdivision (b)(1)(B)above. capacity, and includes the proceeds of all bonds and other evidences of indebtedness, trust funds held by public pension and retirement systems, deferred compensation funds held for investment by public agencies, and public moneys held by a financial institution under a lxust indenture to which a public agency is a party. (4) "Management of public investments" means the following nonministerial functions: directing the investment of public moneys; formulating or approving investment policies; approving or establishing guidelines for asset allocations: or approving investment transactions. COMMENT: In limited circumstances, the members of a nonprofit organization max' be "public officials." ( In re Siegel (1977) 3 FPPC Ops. 62.) <General Materials (GM)- References. Annotations, or Tables> Note: Authority cited: Section 83112, Govemment Code. Reference: Sections 82019, 82048, 87100, 87200 and 87302, Government Code. Authority cited: Section 83112, Government Code. Reference: Sections 82019, 82048, 87100, 87200 and 87302, Government Code. (2) "Public investments" means the investment of public moneys in real estate, securities, or other economic interests for the production of revenue or other financial return. (3) "Public moneys" means all moneys belonging to, received by, or held by, the state, or any city, county, town, district, or public agency thenein, or by an officer thereof acting in his or her official Copr. © West 2003 No Claim to Orig. U.S. Govt. Works 2 CA ADC $18702 2 CCR s 18702 Cal. Admin. Code tit. 2, s 18702 BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS TITLE 2. ADMINISTRATION DIVISION 6. FAIR POLITICAL PRACTICES COMMISSION CHAPTER 7. CONFLICTS OF INTEREST ARTICLE 1. CONFLICTS OF INTEREST; GENERAL PROHIBITION This database is current through 1/10/2003, Register 2003, No. 02. s 18702. Making, Participating in Making, or Using or Attempting to Use Official Position to Influence a Government Decision, Defined. To determine if a public official is making, participating in making, or using or attempting to use his/her official position to influence a government decision, apply Title 2, California Code of Regulations, sections 18702.1 through 18702.4, respectively. <General Materials (GM) - References, Annotations, or Tables> Note' Authority cited: Section 83112, Government Code. Reference: Section 87100, Government Code. HISTORY 1. New section filed 1-22-76; effective thirtieth day thereafter (Register 76, No. 4). Copr. © West 2003 No Claim to Orig. U.S. Govt. Works 2 CA ADC S 18702.1 2 CCR s 18702.1 Cal. Admin. Code tit. 2, s 18702.1 BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS TITLE 2. ADMINISTRATION DIVISION 6. FAIR POLITICAL PRACTICES COMMISSION CHAPTER 7. CONFLICTS OF INTEREST ARTICLE 1. CONFLICTS OF INTEREST; GENERAL PROHIBITION This database is current through 1/10/2003, Register 2003, No. 02. s 18702.1. Determining When a Public Official is Making a Governmental Decision. (a) A public official "makes a governmental decision," except as provided in Title 2, California Code of Regulations. section 18702.4, when the official, acting within the authority of his or her office or position: (1) Votes on a matter: (2) Appoints a person: determination may be accompanied by an oral or written disclosure of the financial interest. (b) When an official with a disquali¢ing conflict of interest abstains from making a governmental decision in an open session of the agency and the official remains on the dais or in his or her designated seat during deliberations of the governmental decision in which he or she is disqualified, his or her presence shall not be counted toward achieving a quorum. (c) During a closed meeting of the agency, a disqualified official shall not be present when the decision is considered or knowingly obtain or review a recording or any other non-public information regarding the governmental decision. COMMENT' Nothing in this section authorizes or prohibits an agency by local rule or custom from requiring a disqualified member to step down from the dais and/or leave the chambers. (3) Obligates or commits his or her agency to any course of action: <General Materials (GM) - References. Annotations, or Tables> (4) Enters into any contractual agreement on behalf of his or her agency; (5) Determines not to act. within the meaning of subdivisions (a)(1), (a)(2)? (a)(3), or (a)(4), above, unless such determination is made because of his or her financial interest. When the determination not to act occurs because of the official's financial interest, the official's Note: Authority cited: Section 83112. Government Code. Reference: Sections 81002. 81003. 87100 and 87101. Government Code. Copr. © West 2003 No Claim to Orig. U.S. Govt. Works 2 CA ADC S 18702.2 2 CCR s 18702.2 Cal. Admin. Code tit. 2, s 18702.2 BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS TITLE 2. ADMINISTRATION DIVISION 6. FAIR POLITICAL PRACTICES COMMISSION CHAPTER 7. CONFLICTS OF INTEREST ARTICLE 1. CONFLICTS OF INTEREST; GENERAL PROHIBITION This database is current through I/I 0/2003, Register 2003, No. 02. Regulations, section 18701 (a)(2)(A); or (2) Preparing or presenting any report, analysis, or opinion, orally, or in writing, which requires the exercise ofjudgment on the part of the official and the purpose of which is to influence a governmental decision referenced in Title 2, California Code of Regulations, section 18701(a)(2)(A). s 18702.2. Determining When a Public Official is Participating in Making a Governmental Decision. A public official "participates in making a governmental decision," except as provided in Title 2, California Code of Regulations, section 18702.4, when, acting within the mllhority of his or her position, the official: <General Materials (GM) - References, Annotations, or Tables> Note: Authority cited: Section 83112, Government Code. Reference: Section 87100, Government Code. (a) Negotiates, without significantsubstantive review, with a governmental entity, or private person regarding a governmental decision referenced in Title 2, California Code of Regulations, section 18701 (a)(2XA); (b) Advises or makes recommendations to the decisionmaker either directly or without significant intervening substantive review, by: (1) Conducting research or making any investigation which requires the exercise of judgment on the part of the official and the purpose of which is to influence a governmental decision referenced in Title 2, California Code of Copr. © West 2003 No Claim to Orig. U.S. Govt. Works 2 CA ADC S 18702.3 2 CCR s 18702.3 Cal. Admin. Code tit. 2, s 187023 BARCLAYS OFFICIAL CAI~i*ORNIA CODE OF REGULATIONS TITLE 2. ADMINISTRA'I'ION DIVISION 6. FAIR POLI~CAL PRACTICES COMMISSION CHAPTER 7. CONFLIC-~S OF INTEREST ARTICLE 1. CONFLICT$ OF INTEREST; GENERAL PROlilBITION This database is current through 1/10/2003, Register 2003, No. 02. s 18702.3. Determining When a Public Official is Using or Attempting to Use His/Her Official Position to Influence a Governmental Decision. member, officer, employee or consultant of an agency. Such actions include, but are not limited to the use of official stationery. <General Materials (GM) - References, Annotations, or Tables> Note: Authority cited: Section 83112, Government Code. Reference: Section 87100, Government Code. (a) With regard to a governmental decision which is within or before an officials agency or an agency appointed by or subject to the budgetary control oflfis or her agency,, the ofticial is attempting to use his or her official position to influence the decision if, for the purpose of influencing the decision, the officiaicontacts, or appears before, or otherwise attempts to influence, any member, officer, employee or consultant of the agency. Attemptsto influence include, but are not limited to, appearances or contacts by the official on behalfofa business entity, client, or customer. (b) With regard to a governmental decision which is within or before an agencynot covered by subsection (a), the official is attempting to use his or her official position to influenceahe decision if, for the purpose of influencing the decision, the official acts or purports to act on beimlfof, or as the representative of, his or her agency to any Copr. © West 2003 No Claim to Orig. U.S. Govt. Works 2 CA ADC S 18702.4 2 CCR s 18702.4 Cal. Admin. Code tit. 2, s 18702.4 BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS TITLE 2. ADMINISTRATION DIVISION 6. FAIR POLITICAL PRACTICES COMMISSION CHAPTER 7. CONFLICTS OF INTEREST ARTICLE 1. CONgLICTS OF INTEREST; GENERAL PROHIBITION This database is current through I/I 0/2003, Register 2003, No. 02. s 18702.4. Exceptions. (a) Making or participating in making a governmental decision shall not include: (1) Actions of public officials which are solely ministerial, secretarial, manual, or clerical; (2) Appearances by a public official as a member of the general public before an agency in the course of its prescribed govemmental function to represent himself or herself on matters related solely to the official's personal interests as defined in Title 2, California Code of Regulations, section 18702.4(b)(1); or (3) Actions by public officials relating to their compensation or the terms orconditions of their employment or contract. In the case of public officials ~vho are "consultants." as defined in Title 2, California Code of Regulations, section 18701 (a)(2), this includes actions by consultants relating to the ten'ns or conditions of the contract pursuant to which they provide services to the agency, so long as they are acting in their private capacity. (b) Notwithstanding Title 2, California Code of Regulations, section 18702.3(a), an official is not attempthag to use his or her official position to influence a governmental decision of an agency covered by that subsection if the official: (1) Appears in the same manner as anv other memberofthe general public before an agency in the cour~ of its prescribed govemmental function solely to represent himself or hersel fon a matter which isrelated to his or her personal interests. An official's "personal interests" include, but are not limited to: (A) An interest in real property which is wholly owned bythe official or members of his or her immediate family. (B) A N. tsiness entity xvholly owned bx' the official or members of his or her immediate fhmily. (C) A business entity over which the official exercises sole direction and control, or over which the official and his or her spouse jointly exercise sole direction and control. (2) Conmaunicates xvith the general public or the press. (3) Negotiates his or her compensation or the terms andconditions oflfis or her emplo3,ment or contract. (4) Prepares drawings or submissions of an architectural, engineering or similar nature to be used by a client in connection with a proceeding before any agency. However, this provision applies only if the official has no other direct oral or written contact with the agency with regard to the client's proceeding before the agency except for necessary contact with agency staff concerning the processing or evaluation of the drawings or submissions prepared by the official. (5) Appears before a design or architectural review committee or similar body ofwhich he or she is a member to present drawings or submissions of an architectural, engineering or similar nature which the official has prepared for a client if the following three criteria are met: (A) The review committee's sole function isto review architectural or engineering plans or designs and to make recommendations in that instance concerning those plans or designs to a planning commission or other agency; (B) The ordinance or other provision of law requires that the review committee include architects, engineers or persons in related professions, and the official was appointed to the body to fulfill this requirement; and (C) The official is a sole practitioner. (c) Academic Decisions (1) Except as provided in subsection (c)(2), neither disclosure of financial interests nor disqualification is required under Government Code sections 87100, 87302, or any Conflict of Interest Code, in connection with: (A) Teaching decisions, including the selection by a teacher of books or other educational materials/hr use within his or her own school or institution, and other decisions incidental to teaching; (B) Decisions made by a person who has teaching or research responsibilities at an institution of higher education to pursue personally a course of academic study or research, to apply for funds to finance such a project, to allocate financial and material resources for such academic study or research, and all decisions relating to the manner or methodology with which such study or research will be conducted. Provided, however, that the provisions ofthis subsection (c)( 1 )(B) shall not apply with respect to any decision made by the person in the exercise of institution- or campus-wide administrative responsibilities respecting the approval o r re vi e w o f any ~e o f academic research or study conducted at that institution or campus. (2) Disclosure shall be required under Government Code section 87302 or any Conflict of Interest Code in connection with a decision made by a person or persons at an institution of higher education with principal responsibility/hr a research project to undertake such research, if it is to be funded or supported, in whole or in part, by a contract or grant (or other funds earmarked bythe donor for a specific research project or for a specific researcher) from a nongovemmental entity, but disqualification may not be required under Government Code sections 87100, 87302 or any Conflict of Interest Code in connection with any such decision if the decision is substantively reviewed by an independent committee established within the institution. <General Materials (GM) - References. Annotations, or Tables> Note: Authority cited: Section 83112, Government Code. Reference: Section 87100, Copr. © West 2003 No Claim to Orig. U.S. Govt. Works 2 CA ADC S 18703 2 CCR s 18703 Cal. Admin. Code tit. 2. s 18703 BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS TITLE 2. ADMINISTRATION DIVISION 6. FAIR POLITICAL PRACTICES COMMISSION CHAPTER 7. CONFLICTS OF INTEREST ARTICLE 1. CONFLICTS OF INTEREST; GENERAL PROHIBITION This database is current through 1/10/2003, Register 2003, No. 02. s 18703. Economic Interests, Defined. For purposes of Title 2, DMsion 6, Chapter 7 of the California Code of Regulations, the term "economic interest" includes the interests defined in Title 2, California Code of Regulations, sections 18703.1 through 18703.5, inclusive. <General Materials (GM)- References, Annotations. or Tables> Note: Authority cited: Section 83112, Government Code. Reference: Sections 87100, 87102.5, 87102.6, 87102.8 and 87103, Government Code. HISTORY 1. New section filed 2-20-76: effective thirtieth day thereafter (Register 76, No. 8). 2. Amendment of subsection (d) filed 4-28-82; effective thirtieth da3' Copr. O West-00.~ No Claim to Orig. U.S. Govt. Works 2 CA ADC S 18703.1 2 CCR s 18703.1 Cal. Admin. Code tit. 2, s 18703.1 BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS TITLE 2. ADMINISTRATION DIVISION 6. FAIR POLITICAL PRACTICES COMMISSION CHAPTER 7. CONFLICTS OF INTEREST ARTICLE 1. CONFLICTS OF INTEREST; GENERAL PROHIBITION This database is current through 1/10/2003, Register 2003. No. 02. s 18703.1. Economic Interest. Def'med: Business Entities. A public official has an economic interest in a business entity if any of the following are true: (a) The public official has a direct or indirect investment worth two thousand dollars ($2,000) or more in the business entity. (b) The public official is a director, officer, partner, trustee, employee, or holds any position of management in the business entity. (c) Parent. Subsidiary, Otherwise Related Business Entity. An official has a financial interest in a decision within the meaning of Government Code section 87100 if it is reasonably foreseeable that the decision will have a material financial effect, distinguishable fi:om its effect on the public generally, on a business entity which is a parent or subsidiary of. oris otherwise related to, a business entity in which the official has one of the interests defined in Government Code section 87103(a), (c) or (d). (d) Parent, Subsidiary, Otherwise Related Business Entity, defined. (1) Parent-subsidiary. A parent-subsidiary relationship exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation. (2) Otherwise related business entity. Business entities, including corporations, parmerships, joint ventures and any other organizations and enterprises operated for profit, which do not have a parent-subsidiary relationship are otherwise related if any one of the following three tests is met: (A) One business entity has a controlling ownership interest in the other business entity. (B) There is shared management and control between the entities. In determining whether there is shared management and control, consideration should be given to the following factors: (i) The same person or substantially the same person owns and manages the two entities; (ii) There are common or commingled funds or assets; (iii) The business entities share the use of the same offices or employees, or otherwise share activities, resources or personnel on a regular basis; (iv) There is otherwise a regular and close working relationship between the entities; or (C) A controlling ovmer (50% or greater interest as a shareholder or as a general partner) in one entity also is a controlling owner in the other entity. (3) Disclosure of investment interests. An official who holds a reportable investment in one business entity need not disclose the name of any parent, subsidialT or otherwise related business entity on his or her Statement of Economic Interests. (e) Although a public official may not have an economic interest in a given business entity pursuant to subsections (a)-(c) of this section, the public official may nonetheless have an economic interest in the business entity if it is a source of income to him or her. (See Cal. Code Regs.. tit. 2, s 18703.3.) <General Materials (GM) - References, Annotations, or Tables> Note: Authority cited: Section 83112, Government Code. Reference: Sections87100, 87102.5, 87102.6, 87102.8 and 87103, Government Code. HISTORY 1. New section filed 9-12-90; operative 10-12-90 (Register 90, No. 43). 2. Amendment filed 3-26-96; operative 3-26-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 13). Copr. © West 2003 No Claim to Orig. U.S. Govt. Works 2 CA ADC S 18703.2 2 CCR s 18703.2 Cal. Admin. Code tit. 2, s 18703.2 BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS TITLE 2. ADMINISTRATION DIVISION 6. FAIR POLITICAL PRACTICES COMMISSION CHAPTER 7. CONFLICTS OF INTEREST ARTICLE 1. CONFLICTS OF INTEREST; GENERAL PROHIBITION This database is current through 1/10/2003, Register 2003, No. 02. s 18703.2. Economic Interest, Defined: Real Property. (a) A public official has an economic interest in any real property in which the public official has a direct or indirect interest worth two thousand dollars ($2,000) or more in fair market value. COMMENT: For the statutory definition of "interest in real property," see Govemment Code section 82033. <General Materials (GM) - References, Annotations, or Tables> Note: Authority cited: Section 83112, Government Code. Reference: Sections 87100, 87102.5, 87102.6, 87102.8 and 87103, Government Code. HISTORY 1. New section filed 11-29-93; operative 12-29-93 pursuant to Government Copr. O West 2003 No Claim to Orig. U.S. Govt. Works 2 CA ADC S 18703.3 2 CCR s 18703.3 Cal. Admin. Code tit. 2, s 18703.3 BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS TITLE 2. ADMINISTRATION DIVISION 6. FAIR POLITICAL PRACTICES COMMISSION CHAPTER 7. CONFLICTS OF INTEREST ARTICLE 1. CONFLICTS OF INTEREST; GENERAL PROHIBITION This database is current through 1/10/2003, Register 2003, No. 02. s 18703.3. Economic Interest, Defined: Source of Income. (a) A public official has an economic interest in any person from whom he/she has received income aggregating five hundred dollars ($500) within 12 months prior to the time when the relevant governmental decision is made. For purposes of the Political Reform Act. a public official's income includes income which has been promised to the public official but not yet received by him or her, if he or she has a legally en/brceable right to the promised income. (b) Former employers. Source of income, as used in Government Code section 87103(c) and this section, shall not include a former employer if: All income from the employer was received by or accrued to the public official prior to the time he or she became a public official; the income was received in the normal course ofthe previous employTnent; and there was no expectation by the public official at the time he or she assumed office of renewed employment with the former employer. (c) Sources of Commission Income to Brokers, Agents and Salespersons (1) This subsection contains the disclosure and disqualification requirements for any public official who receives commission income for services rendered as an insurance broker or agent, a real estate broker or agent, a travel agent or salesperson, a stockbroker or a retail or wholesale salesperson. (2) "Commission income" means g~oss pa.wnents received as a result of services rendered as a broker, agent, or other salesperson for a specific sale or similar transaction. Commission income is received when it is paid or credited. (3) The sources of commission income in a specific sale or similar transaction include lbr each of the following: (A) An insurance broker or agent: (i) The insurance company providing the policy: (ii) The person purchasing the policy: and (iii) The brokerage firm. agency, company, or other business entity through which the broker or agent conducts business. (B) A real estate broker: (i) The person the broker represents in the transaction; (ii) If the broker receives a commission from a transaction conducted bv an agent working under the broker's auspices, the person represented by the agent; (iii) Any brokerage business entity through which the broker conducts business; and (iv) Any person who receives a finder's or other referral fee for referring a party to the transaction to the broker, or who makes a referral pursuant to a contract with the broker. (C) A real estate agent: (i) The broker and brokerage business entity under whose auspices the agent works; (ii) The person the agent represents in the transaction; and (iii) Any person who receives a finder's or other referral fee for referring a party to the transaction to the broker, or who makes a referral pursuant to a contract with the broker. (D) A travel agent or salesperson: (i) The airline, hotel, tour operator or other person who provided travel services or accommodations in the transaction; (ii) The person who purchases or has a contract for travel services or accommodations through the agent or salesperson; and (iii) The person, travel agent, company, travel agency or other business entity for which the agent or salesperson is an agent. (E) A stockbroker: (i) The brokerage business entity through which the broker conducts business; and (ii) The person who trades the stocks, bonds. securities or other investments through the stockbroker. (F) A retail or wholesale salesperson: (i) The person, store or other business entity which provides the salesperson with the product or service to sell and for which the salesperson acts as a representative in the transaction; and (ii) The person who purchases the product or service. (4) For purposes of determining whether disqualification is required under the provisions of sections 87100 and 87103(c), the full gross value of any commission income for a specific sale or similar transaction shall be attributed to each source of income in that sale or transaction. (5) For purposes of disclosure under section 87207 or under a conflict of interest code adopted pursuant to section 87300, a public official who receives commission income on a regular basis is a business entity. The full gross value of any commission income for a specific sale or similar transaction shall be attributed to each source of income in that sale or transaction. The official shall report commission income as follows: (A) On the income schedule, the total amount of commission income received during the period covered by the statement, if it exceeds $500. The source of the income shall be listed as the official if he or she is self-employed. If the official conducts business through a firm or other business entity, the source of income shall be listed as the firm or other business entity. (B) On the income to business entities schedule, the name of any source of gross commission income (other than one listed on the income schedule) o f $10,000 or more during the period covered by the statement. <General Materials (GM) - References, Annotations, or Tables> Note: Authority cited: Section 83112, Government Code. Reference: Sections 87100, 87102.5, 87102.6, 87102.8 and 87103, Government Code. HISTORY 1. New section filed 11-29-93: operative 12-29-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 49). 2. Change without regulatory effect amending section heading filed 7-18-96 pursuant to section 100. title 1, California Code of Regulations (Register 96, No. 29). 3. Repealer and new section filed 11-23-98; operative 11-23-98 pursuant to the 1974 version of Government Code section 11380.2 and title 2, California Code of Regulations. section 18312(d) and (e) (Register 98, No. 48). 4. Change without regulatory effect amending section heading filed 3-26-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 13). 5. Editorial correction of History 3 (Register 2000, No. 25). 6. Amendment of subsections (a) and (c)(5)(A) filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Copr. © West 2003 No Claim to Orig. U.S. Govt. Works 2 CA ADC S 18703.4 2 CCR s 18703.4 Cal. Admin. Code tit. 2. s 18703.4 BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS TITLE 2. ADMINISTRATION DIVISION 6. FAIR POLITICAL PRACTICES COMMISSION CHAPTER 7. CONFLICTS OF INTEREST ARTICLE 1. CONFLICTS OF INTEREST; GENERAL PROHIBITION This database is current through I/10/2003, Register 2003, No. 02. s 18703.4. Economic Interest, Defined: Source of Gifts. A public official has an economic interest in any donor of, or any intermediary or agent for a donor of, a gift or gifts ag~egating three hundred twenty dollars ($320) or more in value, provided to, received by, or promised to the public official within 12 months prior to the time when the decision is made. <General Materials (GM) - References, Annotations. or Tables> Note: Authority cited: Section 83112, Government Code. Reference: Sections 87100, 87102.5, 87102.6, 87102.8 and 87103, Government Code. HISTORY 1. New section filed 11-23-98; operative 11-23-98 pursuant to the 1974 version of Government Code section 11380.2 and title 2, California Code of Copr. © West 2003 No Claim to Orig. U.S. Govt. Works 2 CA ADC S 18703.5 2 CCR s 18703.5 Cal. Admin. Code tit. 2, s 18703.5 BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS TITLE 2. ADMINISTRATION DIVISION 6. FAIR POLITICAL PRACTICES COMMISSION CHAPTER 7. CONFLICTS OF INTEREST ARTICLE 1. CONFLICTS OF INTEREST; GENERAL PROHIBITION This database is current through 1/10/2003, Register 2003, No. 02. s 18703.5. Economic Interest. Defined: Personal Finances. A public official has an economic interest in his or her personal finances and those of his or her immediate family. A governmental decision will have an effect on this economic interest if the decision will result in the personal expenses, income, assets, or liabilities of the official or his or her immediate family increasing or decreasing. COMMENT : Cross-references: For the definition of"immediate family," see Government Code section 82029. For the definition of "income," see Government Code section 82030 and California Code of Regulations, Title 2, section 18232. <General Materials (GM) - References, Annotations. or Tables> Note: Authority cited: Section 83112, Government Code. Reference: Sections 87100, 87102.5. 87102.6, 87102.8 and 87103, Government Code. Copr. © West 2003 No Claim to Orig. U.S. Govt. Works 2 CA ADC S 18705.2 2 CCR s 18705.2 Cal. Admin. Code tit. 2, s 18705.2 BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS TITLE 2. ADMINISTRATION DIVISION 6. FAIR POLITICAL PRACTICES COMMISSION CHAPTER 7. CONFLICTS OF INTEREST ARTICLE 1. CONFLICTS OF INTEREST; GENERAL PROHIBITION This database is current through 1/10/2003, Register 2003, No. 02. s 18705.2. Materiality Standard: Economic Interests in Real Property. (a) Directly involved real property. (1) Real property, other than leaseholds. The financial effect ofa govemmental decision on the real property is presumed to be material. This presumption may be rebutted by proof that it is not reasonably foreseeable that the govemmental decision will have any financial effect on the real property. (2) Real property, leaseholds. The financial effect of a governmental decision on the real property in which an official holds a leasehold interest is presumed to be material. This presumption may be rebutted by proofthat it is not reasonably foreseeable that the governmental decision will have any effect on any of the following: (A) The termination date of the lease; leased real property, either positively or negatively; (C) The value ofthe lessee's fight to sublease the real property, either positively or negatively; (D) The legally allowable use orthe current use of the real property by the lessee; or (E) The use or enjoyment of the leased real property by the lessee. (b) Indirectly involved real property interests. (1) Real property, other than leaseholds. The financial effect of a governmental decision on real property which is indirectly involved in the governmental decision is presumed not to be material. This presumption may be rebutted by proof that there are specific circumstances regarding the governmental decision, its financial effect, and the nature of the real property in which the public official hasan economic interest, which make it reasonably foreseeable that the decision will have a material financial effect on the real property in which the public official has an interest. Examples of specific circumstances that will be considered include, but are not limited to, circumstances where the decision affects: (A) The development potential or income producing potential of the real property in which the official has an economic interest; (B) The amount ofrent paid bythe lessee for the (B) The use of the real property in which the official has an economic interest: (C) The character of the neighborhoed including, but not limited to. substantial effectson: traffic, view, privacy, intensity of use, noiselevels, air emissions, or similar traits of the mighborhood. (2) Real property, leaseholds. The financial effect of a governmental decision on u:al property in which a public official has a leaselmld interest and which is indirectly invol~xl in the governmental decision is presumed not to be material. This presumption may ben:butted by proof that there are specific circumstances regarding the govemmental decision, its financial effect, and the nature of the real property in which the public official has an econm'tic interest, which make it reasonably foresee~le that the governmental decision will: (A) Change the legally allowable use of the leased real property, and the lessee has a right to sublease the real property; (B) Change the lessee's actual useofthe real property; (C) Substantially enhance or significantly decrease the lessee's use or enjoyment of the leased real property; (D) Increase or decrease the amountofrent for the leased real property, by 5+percentSuring any 12-month period Ibllowing the decision; or (E) Result in a change in the termination date of the lease. <General Materials (GM) - References, Annotations, or Tables> Note: Authority cited: Section 83112, Government Code. Reference: Sections 87100, 87102.5, 87102.6. 87102.8 and 87103, Government Code. Copr. © West 2003 No Claim to Orig. U.S. Govt. Works 2 CA ADC S 18705.3 2 CCR s 18705.3 Cal. Admin. Code tit. 2, s 18705.3 BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS TITLE 2. ADMINISTRATION DIVISION 6. FAIR POLITICAL PRACTICES COMMISSION CHAPTER 7. CONFLICTS OF INTEREST ARTICLE 1. CONFLICTS OF INTEREST; GENERAL PROHIBITION This database is current through 1/10/2003, Register 2003, No. 02. s 18705.3. Materiality Standard: Economic Interests in Persons Who Are Sources of Income. (a) Directly involved sources of income. Any reasonably foreseeable financial effect on a person who is a source of income to a public official, and who is directly involved in adecision before the official's agency, is deemed material. (b) Indirectly involved sources of income. (1) Sources of income which are business entities. If the source of income is a business entity, apply the materiality standards stated in Title 2, California Code of Regulations, section 18705.1(c). (2) Sources of income which are non-profit entities, including governmental entities. The effect of a decision is material as to anonprofit entity which is a source of income to the official if any of the follo~ving applies: (A) For an entity whose gross annual receipts are $400,000,000 or mon~, the effect of the decision will be any of the following: (i) The decision will result in an increase or decrease ofthe entity's gross annual receipts for a fiscal year in the mount of $1,000,000 or more; or (ii) The decision will causethe entity to incur or avoid additional expenses or to reduce or eliminate existing expenses for a fiscal year in the amount of $250,000 or more; or (iii) The decision will result in an increase or decrease in the value of the entity's assets or liabilities in the amount of $1,000,000 or more. (B) For an entity whose gross annual receipts are more than $100,000,000 but less than $400,000,000, the effect ofthe decision will be any of the following: (i) The decision will result in an increase or decrease ofthe entity's gross annual receipts for a fiscal year in the amount of $400,000 or more; or (ii) The decision will cause the entity to incur or avoid additional expenses or to reduce or eliminate existing expenses for a fiscal year in the amount of $100,000 or more; or (iii) The decision will result in an increase or decrease in the value of the entity's assets or liabilities in the amount of $400,000 or more. (C) For an entity whose gross annual ~eceipts are more than $10,000.000, but less than or equal to $100,000,000 the effect ofthe&cision will be any of the following: (i) The decision will result in an increase or decrease of the entity's gross annual receipts for a fiscal year in the amount of $200,000armore. (ii) The decision will cause the entity toi~cur or avoid additional expenses or to retlu~ce or eliminate existing expenses for a fiscal year in the amount of $50,000 or more. (iii) The decision will result in an incaease or decrease in the value of the entity's assets or liabilities in the amount of $200,000 or more. (D) For an entity whose gross annual receipts are more than $1,000,000, but less thanor equal to $10,000,000 the effect of the decisionwill be any of the following: (i) The decision will result in an increase or decrease of the entity's gross annual receipts for a fiscal year in the amount of$100,000 atmore. (ii) The decision will cause the entity toincur or avoid additional expenses or to rexlme or eliminate existing expenses for a fiscal ye~'in the amount of $25,000 or more. (iii) The decision will result in an increase or decrease in the value of the entity's russets or liabilities in the amount of $100,000 ormore. (E) For an entity whose gross annual receipts are more than $100,000 but less than or equal to $1,000,000 the effect ofthe decision willbe any of the following: (i) The decision will result in an increase or decrease of the entity's gross annual receipts for a fiscal year in the amount of $50,000 or more. (ii) The decision will cause the entity to incur or avoid additional expenses or to reduce or eliminate existing expenses for a fiscal year in the amount of $12,500 or more. (iii) The decision will result in an increase or decrease in the value of the entity's assets or liabilities in the amount of $50,000 or more. (F) For an entity whose goss annual receipts are $100,000 or less, the effect ofthe decision will be any of the following: (i) The decision will result in an increase or decrease of the entity's gross annual receipts for a fiscal year in the amount of $10,000 or more. (ii) The decision will cause the entity to incur or avoid additional expenses or to reduce or eliminate existing expenses for a fiscal year in the amount of $2,500 or more. (iii) The decision will result in an increase or decrease in the value of the entity's assets or liabilities in the amount of $10,000 or more. (3) Sources of income who are individuals. The effect of a decision is material as to an individual who is a source of income to an official if any of the following applies: (A) The decision will affect the individual's income, investments, or other tangible or intangible assets or liabilities (other than real property) by $1,000 or more; or (B) The decision will affect the individual's real property interest in a manner that is considered material under Title 2, California Code of Regulations, sections 18705.2(b). (c) Nexus. Any reasonably foreseeable fimncial effect on a person who is a source of income to a public official is deemed material ifthelmblic official receives or is promised the intone to achieve a goal or purpose which wo~Id be achieved, defeated, aided, or hindered l~y the decision. <General Materials (GM) - Referentes, Annotations. or Tables> Note: Authority cited: Section 83112, Government Code. Reference: Sections87100, 87102.5, 87102.6. 87102.8 and 17103, Government Code. HISTORY 1. New section filed 11-23-98; operafi, e 11-23-98 pursuant to the 1974 version of Government Code section 11380.2and title 2, California Code of Regulations, section 18312(d) and (e) {Register 98, No. 48). 2. Change xvithout regulatory effect amending section heading filed 3-26-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 13). 3. Editorial correction of History 1 (Register 2000, No. 25). 4. Amendment of subsection (b)(2) filed 1-17-2001; operative 2-1-2001. Submitted to OAL tbr filing pursuant m Fair Political Practices Commission v. Office of Administrative Law,3 Civil C{)I0924, California Court of Appeal, Third Appellate District. nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 3). 5. Amendment of subsections (b)(1) and (b)(3)(B) filed 2-13-2001. Submitted to Copr. © West 2003 No Claim to Orig. U.S. Govt. Works 2 CA ADC S 18705.4 2 CCR s 18705.4 Cal. Admin. Code tit. 2, s 18705.4 BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS TITLE 2. ADMINISTRATION DIVISION 6. FAIR POLITICAL PRACTICES COMMISSIOI~I CHAPTER 7. CONFLICTS OF INTEREST ARTICLE 1. CONFLICTS OF INTEREST; GENERAL PROHIBITION This database is current through 1/I0/2003, Register 2003, No. 02. s 18705.4. Materiality Standard: Economic Interests in Persons Who Are Sources of Gifts. individuals. Ifthe source of a gilt is an individual. apply the materiality standards stated in 2 Cal. Code Regs. section 18705.3(b)(3). <General Materials (GM) - References. Annotations, or Tables> Note: Authority cited: Section 83112. Govemment Code. Reference: Sections 87100. 87102.5, 87102.6, 87102.8 and 87103. Government Code. (a) Directly involved sources of gifts. Any reasonably foreseeable financial effect on a person who is a source of a gift to a public official, and which person is directly involved in a decision before the official's agency, is deemed material. (b) Indirectly involved sources of gifts. (1) Sources of gifts which are indirectly involved business entities. If the source of a gift is a business entity, apply the materiality standards stated in 2 Cal. Code Regs. section 18705.1 (c). (2) Sources of gifts which are indirectly involved nonprofit entities or govemment agencies. If the source of a gift is a nonprofit entity or a government agency, apply the materiaIity standards stated in 2 Cal. Code Regs. section 18705.3(b)(2). (3) Sources of gifts who are indirectly involved Copr. © West 2003 No Claim to Orig. U.S. Govt. Works 2 CA ADC S 18705.5 2 CCR s 18705.5 Cal. Admin. Code tit. 2, s 18705.5 BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS TITLE 2. ADMINISTRATION DIVISION 6. FAIR POLITICAL PRACTICES COMMISSION CHAPTER 7. CONFLICTS OF INTEREST ARTICLE 1. CONFLICTS OF INTEREST; GENERAL PROHIBITION This database is current through 1/10/2003, Register 2003. No. 02. s 18705.5. Materiality Standard: Economic Interest in Personal Finances. (a) A reasonably foreseeable financial effect on a public official's personal finances is material if it is at least $250 in any 12-month period. When determining whether a govemmental decision has a material financial effect on a public official's economic interest in his or her personal finances, neither a financial effect on the value of real property owned directly or indirectly by the official, nor a financial effect on the gross revenues, expenses, or value of assets and liabilities of a business entity in which the official has a direct or indirect investment interest shall be considered. financial sanction against the official or a member of his or her immediate family, or to set a salary for the official or a member of his or her immediate family which is different from salaries paid to other employees of the government agency in the same job classification or position. COMMENT :Cross-references: For the definition of"immediate family," see Government Code section 82029. <General Materials (GM) - References, Annotations. or Tables> Note: Authority cited: Section 83112. Govemment Code. Reference: Sections 87100. 87102.5, 87102.6, 87102.8 and 87103. Government Code. (b) The financial effects of a decision which affects only the salary, per diem, or reimbursement for expenses the public official or a member of his or her immediate family receives from a Ibderal. state, or local government agency shall not be deemed material, unless the decision is to hire. fire, promote, demote, suspend without pay or otherwise take disciplinary action with Copr. {3 West 2003 No Claim to Orig. U.S. Govt. Works 2 CA ADC S 18706 2 CCR s 18706 Cal. Admin. Code tit. 2, s 18706 BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS TITLE 2. ADMINISTRATION DIVISION 6. FAIR POLITICAL PRACTICES COMMISSION CHAPTER 7. CONFLICTS OF INTEREST ARTICLE 1. CONFLICTS OF INTEREST; GENERAL PROHIBITION This database is current through I/10/2003, Register 2003, No. 02. engaged, or llmS on engaging in business activity in the jurisdiction; (2) The market share held bythe official orthe official's source of income in the jurisdiction; (3) The extent to which the official or the official's source of income has competition for business in the jurisdiction; s 18706. Determining Whether a Material Financial Effect Is Reasonably Foreseeable. (4) The scope of the governmental decision in question; and (a) A material financial effect on an economic interest is reasonably foreseeable, within the meaning of Government Code section 87103, if it is substantially likely that one or more of the materiality standards (see Cal. Code Regs., tit. 2, ss 18704, 18705) applicable to that economic interest will be met as a result of the govemmental decision. (b) In determining whether a governmental decision will have a reasonably foreseeable material financial effect on an economic interest as defined in subdivision (a) above, the following factors should be considered. These factors are not intended to be an exclusive list of the relevant facts that may be considered in determining whether a financial effect is reasonably foreseeable, but are included as general guidelines: (1) The extent to which the official or the official's source of income has engaged, is (5) The extent to which the occurrence of the material financial effect is contingent upon intervening events, not including future governmental decisions bythe official's agency, or any other agency appointed by or subject to the budgetasy control of the official's agency. (c) Possession of a real estate sales or brokerage license, or any other professional license, without regard to the official's business activity or likely business activity, does not in itself make a material financial effect on the official's economic interest reasonably foreseeable. <General Materials (GM) - References, Annotations, or Tables> Note: Authority cited: Section 83112, GovernmentCode. Reference: Sections 87100, 87102.5, 87102.6, 87102.8 and 87103, Government Code. Copr. O West 2003 No Claim to Orig. U.S. Govt. Works 2 CA ADC S 18707 2 CCR s 18707 Cal. Admin. Code tit. 2, s 18707 BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS TITLE 2. ADMINISTRATION DIVISION 6. FAIR POLITICAL PRACTICES COMMISSION CHAPTER 7. CONFLICTS OF INTEREST ARTICLE 1. CONFLICTS OF INTEREST; GENERAL PROHIBITION This database is current through 1/10/2003, Register 2003, No. 02. s 18707. Public Generally. (a) Introduction. Notwithstanding a determination that the reasonably foreseeable financial effect of a governmental decision on a public official's economic interests is material, a public official does not have a disqualifying conflict of interest in the governmental decision if the governmental decision affects the public official's economic interests in a manner which is indistinguishable from the mmmer in which the decision will affect the public generally as set forth in Title 2, California Code of Regulations, sections 18707.1-18707.9. (b) Steps to Determine Application of Public Generally. To determine if the effect of a decision is not distinguishable from the effect on the public generally as set forth in subdivision (a) of this regulation, apply Steps One through Four: (1) Step One: Identify each specific person or real propert)~ (economic interest) that is materially affected by the governmental decision. (2) Step Two: For each person or real property identified in Step One, determine the applicable "significant segment" rule according to the provisions of Title 2, California Code of Regulations, section 18707.1(b). (3) Step Three: Determine if the significant segment is affected by the governmental decision as set forth in the applicable "significant segment" rule. If the answer is "no," then the analysis ends because the first prong of a two-part test set forth in Title 2, Califomia Code of Regmlations. section 18707.1 (b) is not met, and the public official cannot participate in the governmental decision. If the answer is "yes," proceed to Step Four. (4) Step Four: Following the provisions of Title 2, California Code of Regulations, section 18707.1(b)(2), determine if the person or real property identified in Step One is affected by the governmental decision in "substantially the same manner" as other persons or real property in the applicable significant segment. If the answer is "yes" as to each person or real property identified in Step One, then the effect of the decision is not distinguishable from the effect on the public generally and the public official may participate in the decision. If the answer is "no" as to any person or real property identified in Step One. the public official may not participate in the governmental decision unless one of the special rules set forth in Title 2, California Code of Regulations, sections 18707.2 through 18707.9 applies to each person or real property, triggering the conflict of interest. (c) For purposes of Government Code section 87102.5 (Members of the Legislature) and Govemment Code section 87102.8 (elected slate officers), Government Code section 87102.6(b)(2) applies. <General Materials (GM) - References, Annotations, or Tables> Note: Authority cited: Section 83112, Government Code. Reference: Section 87103, Government Code. HISTORY 1. New section filed 11-23-98; operative 11-23-98 pursuant to the 1974 version of Government Code section 11380.2 and title 2, California Code of Regulations, section 18312(d) and (e) (Register 98, No. 48). 2. Editorial correction of History 1 (Register 2000, No. 25). 3. Amendment filed 1 - 16-2001; operative 2-1-2001. Submitted to OAL for printing only pursuant to Fair Political Practices Commission v. Office of Administrative Law. Linda Stockdale Brewer, Sacramento Superior Court, Case No. 51275 (1991); Third District Court of Appeals, 3 Civil CO 10924 (1992) (Register 2001, No. 3). 2 CA ADC s 18707 END OF DOCUMENT Copr. <3 West 2003 No Claim to Orig. U.S. Govt. Works 2 CA ADC S 18707.1 2 CCR s 18707.1 Cal. Admin. Code tit. 2, s 18707.1 BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS TITLE 2. ADMINISTRATION DIVISION 6. FAIR POLITICAL PRACTICES COMMISSION CHAPTER 7. CONFLICTS OF INTEREST ARTICLE 1. CONFLICTS OF INTEREST; GENERAL PROHIBITION This database is current through 1/10/2003, Register 2003, No. 02. s 18707.1. Public Generally. General Rule. (a) Except as provided in Government Code sections 87102.6 and 87103.5, the material financial effect of a governmental decision on a public official's economic interests is indistinguishable from its effect on the public generally if both subdivisions (b)(1) and (b)(2) of this regulation apply. (b) Significant Segments and Indistinguishable Effects. (1) Significant Segment. The governmental decision will affect a "significant segment" of the public generally if any of the following are affected as set forth below: (A) Individuals. For decisions that affect the personal expenses, income, assets, or liabilities of a public official or a member of his or her immediate family, or that affect an individual who is a source of income or a source of gifts to a public official, the decision also affects: (i) Ten percent or more of the population in the jurisdiction of the official's agency orthe district the official represents; or (ii) 5,000 individuals who are residents of the jurisdiction. (B) Real Property. For decisions that affect a public official's real property interest, the decision also affects: (i) Ten percent or more of all property owners or all homeowners in the jurisdiction of the official's agency or the district the official represents; or (ii) 5,000 property owners or homeowners in the jurisdiction of the official's agency. (C) Business Entities. For decisions that affect a business entity in which a public official has an economic interest the decision also affects 2,000 or twenty-five percent of all business entities in the jurisdiction or the district the official represents, so long as the effect is on persons composed of more than a single industry, trade. or profession. For purposes of this subdivision, a not for profit entity other than a governmental entity is treated as a business entity. (D) Governmental Entities. For decisions that affect a federal, state or local government entity in which the public official has an economic interest, the decision will affect all members of the public under the jurisdiction of that govemmental entity. (E) Exceptional Circumstances. The decisio~ will affect a segment ofthe population which does not meet any of the standards in subdivisions (b)(1)(A) through (b)( 1 )(D), however, due to exceptional circumstances regarding the decision, it is determined such segment constitutes a significant segment of the public generally. (2) Substantially the Same Manner:. The govemmental decision will affect a public official's economic interest in substantially the same manner as it will affect the significant segment identified in subdivision (b)(1) of this regulation. COMMENT: The term "affect all members of the public" is intended to cover decisions affecting the public in general but to exclude decisions which uniquely benefit a public official. <General Materials (GM) - References, Annotations, or Tables> Note: Authority cited: Section 83112, Govemment Code. Reference: Section 8'/103, Government Code. HISTORY 1. New section filed 11-23-98; operative 11-23-98 pursuant to the 1974 version of Government Code section 11380.2 and title 2, California Code of Regulations, section 18312(d) and (e) (Register 98, No. 48). 2. Renumbering of former section 18707. I to section 18707.2 and new section 18707.1 filed 1-16-2001; operative 2-1-2001. Submitted to OAL for printing only pursuant to Fair Political Practices Commission v. Office of Administrative Law, Linda Stockdale Brewer, Sacramento Superior Court, Case No. 51275 (1991); Third District Court of Appeals, 3 Civil C010924 (1992) (Register 2001, No. 3). Copr. © West 2003 No Claim to Orig. U.S. Govt. Works 2 CA ADC S 18707.2 2 CCR s 18707.2 Cal. Admin. Code tit. 2, s 18707.2 BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS TITLE 2. ADMINISTRATION DIVISION 6. FAIR POLITICAL PRACTICES COMMISSION CHAPTER 7. CONFLICTS OF INTEREST ARTICLE 1. CONFLICTS OF INTEREST; GENERAL PROHIBITION This database is current through 1/10/2003, Register 2003, No. 02. s 18707.2. Special Rule for Rates, Assessments, and Similar Decisions. The financial effect ora govemmental decision on the official's economic interest is indistinguishable from the decision's effect on the public generally if any of the following apply: of a water, irrigation, or similar district to establish or adjust assessments, taxes, fees, charges, or rates or other similar decisions, such as the allocation of services, which are applied on a proportional or "across-the-board" basis on the official's economic interests and ten percent of the property mvners or other persons receiving services from the official's agency. <General Materials (GM) - References. Annotations. or Tables> Note: Authority cited: Section 83112. Government Code. Reference: Section 87103, Government Code. (a) The decision is to establish or adjust assessments, taxes, tees, charges, or rates or other similar decisions which are applied on a proportional basis on the official's economic interest and on a significant segment of the jurisdiction, as defined in 2 Cal. Code of Regulations, section 18707.1(b). (b) The decision is made bythe governing board of a landowner voting district and affects the official's economic interests and ten percent of the landowners or water users subject to the jurisdiction of the district in proportion to their real property interests or by the same percentage or on an "across-the- board" basis for all classes. (c) The decision is made bythe governing board Copr. © West 2003 No Claim to Orig. U.S. Govt. Works 2 CA ADC S 18707.3 2 CCR s 18707.3 Cal. Admin. Code tit. 2, s 18707.3 BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS TITLE 2. ADMINIffFRATION DIVISION 6. FAIR POLITICAL PRACTICES COMMISSION CHAPTER 7. CONFLICTS OF INTEREST ARTICLE 1. CONFLICTS OF INTEREST; GENERAL PROHIBITION This database is current through 1/10/2003, Register 2003, No. 02. s 18707.3. Public Generally- Small Jurisdictions; Principal Residence. (a) The effect of a governmental decision on the principal residence of a public official is not distinguishable from the effect on the public generally where all of the following conditions are met: (1) The public official's agency has jurisdiction over a population of 25,000 or less. (2) The decision does not havea direct effect (as provided in Title 2, California Code of Regulations, section 18704.2) on the real property that serves as the public official's principal residence. (3) The real property that serves as the public official's principal residence is more than 500 feet from the boundaries of the property which is the subject of the decision. (4) There are at least 100 properties under separate ownership which are within a 2,500 foot radius of the boundaries of the property which is the subject of the decision. (5) The principal residence is located on a parcel of land not mom than one acre in size or, which. under the zoning and subdivision regulations of the jurisdiction in which it is located, cannot be further subdivided. (6) The effect ofthe decision on the official's real property interest will be substantially the same as the effect ofthe decision on the majority of the residential properties which are beyond 500 feet. but within 2,500 feet ofthe boundaries of the real property that is the subject of the decision. (b) For purposes of this regulation, "principal residence" means the domicile of a person, in which the person's habitation is fixed, wherein the person has the intention of remaining, and to which the person, whenever he or she is absent, has the intention ofremming. At any given time. a person may have only one principal residence. With respect to units in condominium complexes. planned unit developments, and similar residences "the real property that serves as the public official's principal residence" and "principal residence," as used in this regulation, means the unit or space in which the official has a separate ownership interest. <General Materials (GM) - References. Annotations, or Tables> Note: Authority cited: Section 83112. Government Code. Reference: Section 87103. Copr. © West 2003 No Claim to Orig. U.S. Govt. Works 2 CA ADC S 18707.4 2 CCR s 18707.4 Cal. Admin. Code tit. 2, s 18707.4 BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS TITLE 2. ADMINISTRATION DIVISION 6. FAIR POLITICAL PRACTICES COMMISSION CHAPTER 7. CONFLICTS OF INTEREST ARTICLE 1. CONFLICTS OF INTEREST; GENERAL PROHIBITION This database is current through 1/10/2003, Register 2003, No. 02. s 18707.4. Public Generally: Appointed Members of Boards and Commissions. (a) For the purposes of Government Code section 87103, the "public generally" exception applies to appointed members of boards and commissions who are appointed to represent a specific economic interest, as specified in section 87103(a) through (d), if all of the following apply: (1) The statute, ordinance, or other provision of law which creates or authorizes the creation of the board or commission contains a finding and declaration that the persons appointed to the board or commission are appointed to represent and further the interests of the specific economic interest. (2) The member is required to have the economic interest the member represents. inte~st the member was appointed to represent. (4) The decision ofthe board or commission will finmcially affect the member's economic interest in a manner that is substantially the same or proportionately the same as the decision xvill financially affect a significant segment of the penons the member was appointed to represent. For purposes of this regulation, a significant segment constitutes fifty percent of the persons the member was appointed to represent. (b) In the absence of an express finding and declaration or requirement of the types described in2 Cal. Code Regs. section 18707.4(a)(1) and (2), the "public generally" exception only applies if tach a finding and declaration or requirement is implicit, taking into account the langu~e of the statute, ordinance, or other provision of law creating or authorizing the creation of the board or commission, the nature and purposes of the program, any applicable legislative history, and any other relevant circumstance. <General Materials (GM) - References, Annotations, or Tables> Note: Authority cited: Section 83112, Government Code. Reference: Section 87103. Go}'ernment Code. (3) The board's or commission's decision does not have a reasonably foreseeable material financial effect on any other economic interest held by the member, other than the economic Copr. © West 2003 No Claim to Orig. U.S. Govt. Works 2 CA ADC S 18707.5 2 CCR s 18707.5 Cal. Admin. Code tit. 2, s 18707.5 BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS TITLE 2. ADMINISTRATION DIVISION 6. FAIR POLITICAL PRACTICES COMMISSION CHAPTER 7. CONFLICTS OF INTEREST ARTICLE 1. CONFLICTS OF INTEREST; GENERAL PROHIBITION This database is current through 1/10/2003, Register 2003, No. 02. s 18707.5. Sources of Income to Owners of Retail Business Entities. (a) For purposes o f Government Code section 87103.5, the retail customers of a business entity constitute a significant segment of the public generally if either of the following is me: (1) The retail customers of the business entity during the preceding 12 months are sufficient in number to equal 10 percent or more of the population or households of the jurisdiction; or (2) The retail customers of the business entity during the preceding 12 months number at least ten thousand. For purposes o fthis subdivision, a customer of a retail business entity is each separate and distinct purchaser of goods or services, whether an individual, household, business or other entity. If records are not maintained by customer name, a good faith estimate shall be made to determine what percentage of sales transactions represent multiple transactions by repeat customers. The total number of sales transactions shall then be reduced by the estimated percentage of repeat customers to yield the number of customers for purposes of applying this subdivision. (b) For purposes of Govemment Code section 87103.5, the amount of income received by a business entity from a retail customer is not distinguishable from the amount of income received from its other retail customers if the amount spent by the customer in question during the preceding 12 months is less ffan one-tenth of 1 percent of the gross sales revenues of the retail business entity for the preceding fiscal year. (c) For purposes of Govemment Code section 87100, an official who owns 10 percent or more of a retail business entity which meets the criteria in either subdivision (a)(1) or (a)(2), does not "have mason to know" that a decision will affect a source of income to the retail business entity when either of the following applies: (1) If all of the following are true: (A) The customer does not have a charge account or open book account with the retail business; 03) The retail business does not maintain records for noncharge customer transactions by customer name or other method for tracking transactions which would provide the customer name; and (C) The fact that the person is a customer is not personally known to the official; or (2) If all of the following are true: (A) The accounts and books of the retail business entity are maintained by someone other than the official or a member of the official's immediate family; and (B) The fact that the person is a customer is not personally known to the official. (d) For purposes of subdivision (c), a credit card transaction utilizing a credit card not issued by the retail business entity is considered a "noncharge customer transaction." (e) Subdivision (c) shall not be utilized in determining whether an official "knows" of a financial interest in a decision within the meaning of Government Code section 87100. When such knowledge exists, or the fact that a person is a source of income is brought to the attention of the official prior to the govemmental decision, the provisions of subdivision (c) shall have no effect on the official's duty to disqualify. <General Materials (GM) - References, Annotations, or Tables> Note: Authority cited: Section 113112, Government Code. Reference: Section 87103, Government Code. HISTORY 1. Nexv section filed 11-23-98; operative 11-23-98 pursuant to the 1974 version of Government Code section 11380.2 and title 2, California Code of Regulations. section 18312(d) and (e) (Register 98, No. 48). 2. Editorial correction of History 1 (R~ister 2000, No. 25). Copr. © West 2003 No Claim to Orig. U.S. Govt. Works 2 CA ADC S 18707.6 2 CCR s 18707.6 Cal. Admin. Code tit. 2, s 18707.6 BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS TITLE 2. ADMINISTRATION DIVISION 6. FAIR POLITICAL PRACTICES COMMISSION CHAPTER 7. CONFLICTS OF INTEREST ARTICLE 1. CONFLICTS OF INTEREST; GENERAL PROHIBITION This database is current through 1/10/2003, Register 2003, No. 02. Annotations, or Tables> Note: Authority cited: Section 83112, Government Code. Reference: Section 87103, Government Code. s 18707.6. States of Emergency. Notwithstanding Title 2, California Code of Regulations, sections 18707 through 18707.5, inclusive, the financial effect ofa govemmental decision on an official is indistinguishable from its financial effect on the public generally if both of the following apply: (a) The decision will affect an economic interest of the official, other than an economic interest as defined in section 87103(e), in substantially the same manner as other persons subject to a state of emergency, proclaimed by the Governor pursuant to Government Code section 8625, or proclaimed by the governing body of a city or county. (b) The decision is required to mitigate against the effects directly arising out of the emergency, and strict adherence to the Act will prevent, hinder, or delay the mitigation of the effects ofthe emergency. <General Materials (GM) - References, Copr. © West 2003 No Claim to Orig. U.S~ Govt. Works 2 CA ADC S 18707.7 2 CCR s 18707.7 Cal. Admin. Code tit. 2, s 18707.7 BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS TITLE 2. ADMINISTRATION DIVISION 6. FAIR POLITICAL PRACTICES COMMISSION CHAPTER 7. CONFLICTS OF INTEREST ARTICLE 1. CONFLICTS Ol: INTEREST; GENERAL PROHIBIIION This database is current through 1/1tl/2003, Register 2003, No. 02. s 18707.7. Public Generally: Industries, lrades, or Professions. the official represents isa "predominant" industry, trade, or profession for purposes of this regulation. For purposes of this subdivision, a not for profit entity other than a governmental entity is treated as a business entity. <General Materials (GM) - References, Annotations, or Tables> Note: Authority cited: Section 83112, Government Code. Reference: Section 87103, Government Code. Where a decision will affect an industry, trade, or profession in substantially the same manner as the decision will affect an official's economic interest, the industry, trade, or profession constitutes a "significant segment" of the jurisdiction only as set forth below: (a) In the case of an elected state off~:er, an industry, trade, or profession constitutes a significant segment of the public generally, as set forth in section 87102.6 of the Government Code. (b) In the case of any other official, an industry, trade, or profession constitutes a signdicant segment of the public generally if that imtustry, trade, or profession is a predominant indastry, trade, or profession in the official'sj urisdicfion or in the district represented by the official. An industry, trade, or profession that constimlm fifty per~ent or more of business entities in the jurisdiction of the official's agency or the district Copr. © West 2003 No Claim to Orig. U.S. Govt. Works 2 CA ADC S 18707.9 2 CCR s 18707.9 Cal. Admin. Code tit. 2, s 18707.9 BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS TITLE 2. ADMINISTRATION DIVISION 6. FAIR POLITICAL PRACTICES COMMISSION CHAPTER 7. CONFLICTS OF INTEREST ARTICLE 1. CONFLICTS OF INTEREST; GENERAL PROHIBITION This database is current through l/10/2003, Register 2003, No. 02. s 18707.9. Public Generally- Residential Properties. property pursuant to a resolution, role, ordinance, or other law of general application; (2) No economic interest of the public official other than one created by ownership of residential real property, or the rental of that property, is analyzed under this regulation; (3) The official's economic interests are not directly involved in the decision (as provided in Title 2, CalifomiaCode of Regulations, sections 18704.1, 18704.2(a), and 18705.1); (a) The effect of a governmental decision on a public official's real property interests is indistinguishable from the effect on the public generally if 5,000 or ten percent or more of all property owners or all homeowners in the jurisdiction of the official's agency orthe district the official represents are affected bythe decision and the official owns three or fewer residential property units. A public official's principal residence, as defined in Title 2, California Code of Regulations, section 18707.3(b), does not count as a unit for purposes of this subdivision. (b) The effect ofa govemmental decision on any of a public official's economic interest (including real property and business interests) is indistinguishable from the effect on the public generally if all of the following apply: (1) The decision is to establish, eliminate, amend, or otherwise affect the respective rights or liabilities of tenants and owners of residential (4) The decision affects at least ten percent of the residential property units in the jurisdiction of the public official or district he or she represents; and (5) The decision will affect the official's economic interests in substantially the same manner as it will affect other residential property owners or owners of residential rental property. A public official will be affected in substantially the same manner for purposes of this subdivision if the decision will be applied on a proportional or "across-the-board" basis on the official's economic interests as on other residential property owners or other owners of residential rental property affected by the decision. <General Materials (GM) - References, Annotations, or Tables> Note: Authority cited: Section 83112, Government Code. Reference: Section 87103, Government Code. Copr. © West 2003 No Claim to Orig. U.S. Govt. Works 2 CA ADC S 18708 2 CCR s 18708 Cal. Admin. Code tit. 2, s 18708 BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS TITLE 2. ADMINISTRATION DIVISION 6. FAIR POLITICAL PRACTICES COMMISSION CHAPTER 7. CONFLICTS OF INTEREST ARTICLE 1. CONFLICTS OF INTEREST; GENERAL PROHIBITION This database is current through 1/10/2003, Register 2003, No. 02. s 18708. Legally Required Participation. (a) A public official is not legally required to make or to participate in the making of a governmental decision within the meaning of Government Code section 87101 unless there exists no alternative source of decision consistent with the purposes and terms of the statute authorizing the decision. (b) Whenever a public official who has a financial interest in a decision is legally required to make or to participate in making such a decision, he or she shall state the existence of the potential conflict as follows: (B) ifthe interest is an investment, the name of the business entity in which each investment is held; if the interest is a business position, a general descril~on of the business activity in which the business entity is engaged; ifthe interest is real property, the address or another indication of the location of the property, unless the property is the official's principal or personal residence, in which case the official shall disclose this fact. For income, loans or gifts, the official shall disclose the person or entity that is the source. (2) The public official or another officer or employee of the agency shall give a summary description of the circumstances under which he or she believes the conflict may arise. (3) Either the public official or another officer or employee ofthe agency shall disclose the legal basis for concluding that there is no alternative source of decision. (4) The disclosures required by this regulation shall be made in the following manner: (1) The public official shall disclose the existence of the conflict and describe with particularity the nature of the economic interest. "Particularity" as used in this regulation shall be satisfied if the official discloses: (A) whether the conflict involves an investment, business position, interest in real property, or the receipt of income, loans or gifts; (A) If the governmental decision is made during an open session of a public meeting, the disclosures shall be made orally before the decision is made, by either the public official or by another officer or employee of the agency. The informationcontained in the disclosures shall be made part ofthe official public record either as a part of the minutes of the meeting or as a writing filed with the agency. The .writing shall be prepared bythe public official and/Or any officer or employee and shall be placed in a public file of the agency within 30 days after meeting; or 03) If the governmental decision is made during a closed session of a public meeting, the disclosures shall be made orally during the open session either before the body goes into closed session or immediately after the closed session. The information contained in the disclosures shall be made part of the official public record either as part of the minutes of the meeting or as a writing filed with the agency. The writing shall be prepared bythe public official and/or any officer or employee and shall be placed in a public file of the agency within 30 days after the meeting; or (C) If the government decision is made or participated in other than during the open or closed session of a public meeting, the disclosures shall be made in writing and made part of the official public record, either by the public official and/or by another officer or employee ofthe agency. The writing shall be filed with the public official's appointing authority or supervisor and shall be placed in a public file within 30 days after the public official makes or participates in the decision. Where the public official has no appointing authority or supervisor, the disclosure(s) shall be made in writing and filed with the agency official who maintains the records of the agency's statements of economic interests, or other designated office for the maintenance of such disclosures, within 30 days ofthe making of or participating in the decision. (c) This regulation shall be construed narrowly, and shall: (1) Not be construed to permit an official, who is otherwise disqualified under Government Code section 87100, to vote to break a tie. (2) Not be construed to allow a member ofany public agency, who is otherwise disqualified under Government Code section 87100, to vote ifa quorum can be convened of other members of the agency who are not disqualified under Government Code section 87100, whether or not such other members are actually present at the time of the disqualification. (3) Require participation bythe srnallest number of officials with a conflict that are "legally required" in order for the decision to be made. A random means of selection may be used to select only the number of officials needed. When an official is selected, he or she is selected for the duration of the proceedings in all related matters until his or her participation is no longer legally required, orthe need for invoking the exception no longer exists. (d) For purposes of this section, a "quorum" shall constiarte the minimum number ofmembers required to conduct business and when the vote ofa supermajority is required to adopt an item, the "quorum" shall be that minimum number of members needed for that adoption. COMMENT: Nothing in the provisions of subdivision (b)(4)(B) is intended to cause an agency or public official to reveal the confidences of a closed session contemplated by law. For example, under the Brown Act (Government Code sections 54950 et seq.) a city council may enter a closed session to discuss personnel matters and need not publicly disclose the name of the employee who is the subject of the meeting. (Government Code section 54957.) This regulation does not require a city council person who is legally required to participate in that closed session to disclose that employee's name when the council member makes the record required by this regulation. <General Materials (GM) - References, AGENDA ITEM NO: MEETING DATE: 9e February 5, 2003 SUMMARY REPORT SUB3ECT: CONSIDERATION AND DIRECTION REGARDING POSTED TIME FOR PUBLIC HEARINGS ON CITY COUNCIL AGENDA--MAYOR LARSON Mayor Larson is requesting Council's consideration regarding changing the 7:00 p.m. timeslot for public hearings at Council meetings. He proposes that, rather than public hearings being a timed item, they should be heard immediately following prior business on the agenda. This change would prevent Council from having to hear other agenda items out of order, and may frequently allow public hearings to be heard before 7:00 p.m. Most likely, public hearings became timed items for the convenience of public members, who would know what time to be available for their item. If the Council would like to revise the public hearing timed item section of the City Council agenda, staff will return with a revised policy resolution with the appropriate changes. Attached for your information is a copy of the January 15, 2003 agenda, which shows a public hearing scheduled for 7:00 p.m., and policy resolution No. 1. RECOMMENDED ACTION: Modify the City Council agendas to reflect that public hearings are not timed items. ALTERNATIVE COUNCIL POLICY OPTIONS: After consideration of the request, decide that this change is not appropriate at this time. Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A IVlayor Larson Candace Horsley, City Manager N/A 1. January 15, 2003 City Council agenda 2. Policy Resolution No. i Approved' ~ Cit~lvlanager Candace Horsley, 4: CAN/ASR. pu blicheari ngtime. 20503 CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 January 15, 2003 6:30 p.m. ROLL CALL PLEDGE OF ALLEGIANCE PROCLAMATION/PRESENTATION a. Proclamation: Martin Luther King Day Event, January 19-20, 2003 b. Update on Ukiah Valley Cultural and Recreation Center Fundraising Efforts - Marvin Trotter 4. APPROVAL OF MINUTES a. Regular Meeting of December 18, 2002 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. Report of Disbursements for Month of December 2002 b. Adoption of Resolution Approving City of Ukiah Qualified Contractors List for 2003 c. Rejection of Claims for Damages Received from Matt and Michelle Smith and Randy Wilbur Peters and Referral to Joint Powers Authority, Redwood Empire Municipal Insurance Fund d. Award of Bid for High Voltage Line Clearing and Tree Trimming at Various Locations Within the City of Ukiah to Davey Tree Surgery Company in an Amount Not to Exceed $30,000 e. Award of Bid for Sodium Hydroxide to UNIVAR USA for the Sum of $341.41 Per Dry Ton f. Award of Bid for Sodium Hypochlorite to Pioneer Americas, Inc. for the Sum of $.569 Per Gallon g. Approval of Notice of Completion for 2000 STIP Arterial/Collector Rehabilitation Project, Specification No. 02-15 h. Report of the Acquisition of Emergency Traffic Signal Repair Services From Republic Electric in the Amount of $5,548 i. Adoption of Ordinance Placing a Limitation on New Connections to the City of Ukiah Sewer System 7. AUDIENCE COMMENTS ON NON-AGENDA ITEM-~ 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. Denial of Appeal Filed by Rainbow Construction, Inc. Concerning the Planning Commission's Decision of Variance 02-49 9, UNFINISHED BUSINESS a. Presentation by Ross Mayfield and Possible Action Regarding Eel River Diversion Project Request 10. NEW BUSINESS a. Assignment of Ukiah City Councilmembers to Various Committees b. Adoption of Resolution Accepting "City of Ukiah Economic Development Report and Strategy" and Directing City Manager to Transmit Report to the California Department of Housing and Community Development c. Report to Council on Status of National Pollution Discharge Elimination System d. Discussion and Action Concerning Sign Violation Enforcement Policy e. Discussion and Possible Action Regarding State Budget Deficit and Proposed Closure of Ukiah Air Attack Base f. Approval of General Plan Housing Element Committee g. Approval of Mid-Year Budget Amendment h. Award of Three-Year Bid for Printing of City Newsletter to SDN Inc. i. Consideration of Request to Participate in Pre-Application Process to the Robert Wood Johnson Foundation for an Active Living by Design Grant j. Award of Bid to Data Trends for Design of Community Survey 11. COUNCIL REPORTS 12. CITY MANAGER/CITY CLERK/DIRECTOR REPORT 13....CLOSED SESSION 14. ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. 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. el PUBLIC HEARING (7:00 P.M.) a. Denial of Appeal Filed by Rainbow Construction, Inc. Concerning the Planning Commission's Decision of Variance 02-49 9. UNFINISHED BUSINESS a. Presentation by Ross Mayfield and Possible Action Regarding Eel River Diversion Project Request 10. NEW BUSINESS a. Assignment of Ukiah City Councilmembers to Various Committees b. Adoption of Resolution Accepting "City of Ukiah Economic Development Report and Strategy" and Directing City Manager to Transmit Report to the California Department of Housing and Community Development c. Report to Council on Status of National Pollution Discharge Elimination System d. Discussion and Action Concerning Sign Violation Enforcement Policy e. Discussion and Possible Action Regarding State Budget Deficit and Proposed Closure of Ukiah Air Attack Base f. Approval of General Plan Housing Element Committee g. Approval of Mid-Year Budget Amendment h. Award of Three-Year Bid for Printing of City Newsletter to SDN Inc. i. Consideration of Request to Participate in Pre-Application Process to the Robert Wood Johnson Foundation for an Active Living by Design Grant j. Award of Bid to Data Trends for Design of Community Survey 11. COUNCIL REPORTS 12. CITY MANAGER/CITY CLERK/DIRECTOR REPORT 13. CLOSED SESSION 14. ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. 1 2 3 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 22 23 2,5 26 27 28 POLICY RESOLUTION NO. 1 RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING THE AGENDA ORDER FOR COUNCIL MEETINGS IN ACCORDANCE WITH THE REQUIREMENTS OF RESOLUTION NO. 76-45 WHEREAS, Resolution No. 76-45 requires the Council to adopt a resolution establishing the order of Agenda, and WHEREAS, the City Council desires to amend the Order of Agenda, NOW, THEREFORE, BE IT RESOLVED that the following order of agenda be adopted. I. Call to Order a) Roll Call b) Invocation c) Pledge of Allegiance II. Approval/Correction of Minutes III. Right to Appeal Decision IV. Consent Calendar V. Public Hearings VI. Petitions and Communications VII. Unfinished Business VIII. City Manager Recommendations IX. New Business X. Comments from Audience XI. City Council Reports XII. Executive Session (Personnel, Litigation, Property Acquisition) XIII. Adjournment BE IT FURTHER RESOLVED that the Mayor and/or the City Manager may direct the City Clerk to select items which appear to be of particular public interest and to place these under the heading Special Order of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Business. Each item so selected shall be assigned a time of hearing and the Council shall hear these items at the time so specified. BE IT FURTHER RESOLVED that Resolution No. 79-69 (Establishing Order of Agenda) is hereby repealed. PASSED AND ADOPED this 17th day of June , 1981, by the following roll call vote: AYES' Councilmembers Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: NOne ATTEST: Mayor City Clerk AGENDA ITEM NO' q ~ MEEllNG DATE: February 5, 2003 SUMMARY REPORT SUB.1ECT: SET DATE FOR PRE-BUDGET WORKSHOP MEETZNG The Governor has proposed a budget reduction spending plan, which is being considered by the State legislature. Based on the worst-case scenario from what has been presented so far, the City may see a reduction of over $800,000 in revenue to its General Fund. Staff is requesting a date be set for a pre-budget workshop with the City Council in February, in order to receive direction from the Council regarding reductions in the City's General Fund expenditure budget. RECOMMENDED ACTION: Set date in February for a pre-budget workshop with Council and staff. ALTERNATI'VE COUNCI'L POLI'CY OPTI'ONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments' N/A Candace Horsley, City Manager Candace Horsley, City Manager N/A None Approved' Candace Horsley, Cit~anager 4:CAN/ASR.budgetworkshop.20503 AGENDA ~EM NO: 9g MEE'r~NG DATE: February 5, 2003 SUMMARY REPORT SUB3ECT: Di'SCUSS]:ON AND POSS]:BLE APPO]:NTMENT OF MEMBER TO L]:BRARY ADV]:SORY BOARD At the .lanuary 15 meeting, the City Council appointed Councilmember Andersen to serve on the Library Advisory Board. Due to a recent change in employment, Councilmember Andersen has determined that he would have a conflict of interest in serving on this board, and is requesting to remove himself from this position. The Library Advisory Board meets ten times per year to discuss items of interest of the library system, including the budget. At this time, Council may choose to appoint another Councilmember to this board, or determine that a member of the public may serve. The requirement is simply that the member lives within the city limits. Attached for your information is the current list of Council Committee Assignments, as well more detailed information regarding the Library Advisory Board from Library Director Erica DeMille. RECOHHENDED ACTION: Discuss the withdrawal of Councilmember Andersen from the position on Library Advisory Board and provide direction regarding filling this vacancy. ALTERNAT]:VE COUNC]:L POL]:CY OPT]:ONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Councilmember Andersen Shannon Riley, Executive Assistant Candace Horsley, City Manager 1. 2003 List of Council Committee Assignments 2. E-mail from Library Director Erica DelVlille Approved: ~3:~~ ~-'~ .~ C~nda~:e-~orsley'~ Ci~ Manager 4:ASR/UbraryBd,20503 ~TTACHMEN'i'~_~ 2003 COUNCIL COMMITTEE ASSIGNMENTS Beautification Committee City of Ukiah Disaster Council City Selection Committee City/County Leadership Group Council/County Supervisor Committee Courthouse Facilities Planning Committee Greater Ukiah Chamber of Commerce Liaison Larson, Alt: Andersen Local Agency Formation Commission (LAFCO) Main Street Board of Directors Andersen/Rodin/Horsley Larson Horsley/Larson Larson/Smith On hiatus Rodin, Alt: Andersen Library Advisory Board Andersen Larson Mendocino Council of Governments (MCOG) Mendocino County Air Quality Management District PM-10 Incentive Committee Mendocino County Film Advisory Board (Non-Voting) Mendocino County Inland Water and Power Commission Mendocino County Overall Economic Development Mendocino Solid Waste Management Authority (MSWMA) Mendocino Transit Authority (MTA) Board of Directors Northern California Power Agency (NCPA) Recreation Center Group Russian River Watershed Community Council Skateboard Park Committee Smith, Alt: Andersen Larson, Alt: Rodin Baldwin Baldwin Baldwin, Alt: Smith Horsley Andersen Smith Smith, Alt: Andersen Rodin, Alt: Larson Baldwin, Alt: Rodin Andersen, Alt: Larson Solid Waste Committee Andersen Sun House Guild ex officio liaison Rodin Transmission Agency of Northern California (TANC) Ukiah Investment Oversight Committee Ukiah Valle, Sanitation District Smith, Darryl Barnes, Alt: Andersen Smith, Alt: Rodin Baldwin, Alt: Smith Economic Development & Financing Corporation (EDFC) Finance Review Committee Alt: Andersen Last Updated January 16, 2003 Att01030 ATTACHMENT..~_ Forwarded message follows This is a multi-part message in MIME format. Hi Paul-Nice to see you yesterday. The respresentative to the Libr ary Advisory Board is appointed by the City Council from the residents of the City of Ukiah. The Library Advisory Board meets ten times per year- three of the meetings being on the Coast and the rest at the Ukiah Public Library at 1 pm, generally on the third Monday of the month. This is an Advisory Board so there are no term limits. The Board i s infomed about what the libraries are doing-programs, staffing, etc as well as the state of the budget, possible legislation effecting public libraries and such. I do not have any "firm" names to give to you-it is a commitment t hat does not fit into everyone's schedule. We do not have to have a bo ard member immediately, but would like to have someone within the next two months-Thank you for your assistance and your interest in the Mendocino County Library. Erika DeMille Page 1