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Home My WebLink About2004-08-04 Packet CITY OF UKIAH CITY COUNCIL AGENDA REGULAR MEETING CiViC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482-5400 August 4, 2004 6:30 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS/PROCLAMATION a. Presentation of Northern California Power Agency (NCPA)/City of Ukiah Business Information by Mr. Jim Pope, General Manager of NCPA b. Presentation of Citizen and Ukiah Police Efforts to Reduce and Eliminate Graffiti Within Ukiah c. Proclamation: Legends of the Redwoods Native American Marathon Day m APPROVAL OF MINUTES a. Regular Meeting of June 16, 2004 b. Joint Meeting of the Ukiah City Council and the Ukiah Valley Sanitation District- June 30, 2004 Budget Hearing 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's Boards and Agencies may be judicially challenged. w 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. Rejection of Claims for Damages Received from Katherine Graham and Henrietta Dukes and Referral to Joint Powers Authority, Redwood Empire Municipal Insurance Fund b Award of Bid for Various Pole and Pad Mount Transformers in the Amount of $58,219.61 to WESCO and WESTERN STATES (ERMCO) c. Notification of Emergency Purchase of One Pumping Column and Installation From Kirby's Pump and Mechanical, Inc., in the Amount of $16,964 Plus Taxes d. Award of Bid to Borges-Mahoney Sole Supplier, in the Amount of $11,152 Plus Taxes for Five Wallace & Tiernan Encore 700 Chemical Feed Pumps and Three Repair Kits e. Adoption of Resolution Presenting Ballot Measure, Transmitting Measure to the City Attorney for Impartial Analysis, and Confirming Deadline for Arguments For or Against the Measure f. Adoption Of Resolution Removing On-Street Parking And Establishing Bus Loading Zones At 340 and 345 North Main Street g. Report to Council Regarding the Purchase of Printing Services for the 2004 Summer Recreation Guide from Wesco Graphics in the Amount of $5,170.72 1 AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. al UNFINISHED BUSINESS a. Discussion and Possible Action Regarding SB 1648 b. Award of Bid to Western Water Constructors, Inc. for the Construction of Water Storage Tanks in the Amount of $4,498,620 and Authorize City Manager to Execute Agreement 9. NEW BUSINESS a. Approval of Consulting Contract to Willdan in the Amount of $73,910 for the Performance of a Value Engineering Review of the Proposed Waste Water Treatment Plant Expansion and Rehabilitation Project and Approval of Budget Amendment b. Selection of League of California Cities Voting Delegates 10. COUNCIL REPORTS 11. CITY MANGER/CITY CLERK REPORTS 12. CLOSED SESSION 13. ADJOURNMENT AGENDA SUMMARY REPORT ITEM NO: 3a DATE: August 4, 2004 SUBJECT: PRESENTATION OF NORTHERN (NCPA)/ClTY OF UKIAH BUSINESS GENERAL MANAGER OF NCPA CALIFORNIA INFORMATION POWER AGENCY BY MR. JIM POPE, Mr. Jim Pope, General Manager of the Northern California Power Agency (NCPA), will address the Council regarding specific issues pertaining to electricity markets. He will discuss current and future price options for the City and the role NCPA will play in maintaining energy and capacity supplies. RECOMMENDED ACTION: Receive presentation and discuss pertinent issues as desired. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizens Advised' Requested by: Prepared by: Coordinated with: Attachments: N/A Bernie Ziemianek, Director of Public Utilities Bernie Ziemianek, Director of Public Utilities Candace Horsley, City Manager None Approved: Candace Horsley, C~ty Manager NCPA Strategic Plan Update & Accomplishments To: Ukiah City Council Jim Po~e, General Manager August 4, 2004 History of NCPA · 1950's- 1960's · PG&E price squeeze · PG&E refusal to wheel · 1970's · Law suits - PG&E transmission access · 10 years no suit lost · 7777 case- settled 1992 · Geothermal and hydro projects started · 1983 · Interconnection Agreement signed 3 NCPA Resources · Hydroelectric (Calaveras County) · Geothermal (Located in Lake County) · Combustion Turbine No. 1 (Roseville) · Combustion Turbine No. 2 (Alameda) · Western (Western Area Power Administration) · Purchases (Bi-lateral Contracts) Pool Members · Alameda · Biggs · Gridley · Healdsburg · Lodi · Lompoc · Palo Alto · Plumas-Sierra · Roseville · Ukiah · Port of Oakland Non-Pool Members · Redding · Santa Clara (SVP) · Turlock Irrig Dist · Truckee Donner Associate Members · BART · Lassen MUD · PCWA COMMISSION EXECUTIVE COMMITTEE · LEG AND REG COMMITTEE LEGAL COMMITTEE FINANCE COMMITTEE NOMINATING COMMITTEE GENERAL MANAGER · .: UD's WORKING GROUP PROJECT COMMITTE'E'S:' (ad hoc) COG Geothermal Operations/Facilities Pooling · NCPA STAFF AGMs NCPA- Its Roots and Progress · Individual cities · NCMEA · NCPA is formed · Geo Hydro Dispatch & Scheduling NCPA today Public Power Development l of Cities begins Consolidation of Industry I 16 Private Utilities 3,000 Public Utilities Economies of scale High Voltage Transmission Strategic Plan Linkage to Results "Providing services and delivering results that assist in members' success, that are best provided through joint action" · Generation Costs & Availability - Murray Grande · NCPA Market Results - Don Dame · NCPA Bills & Settlements - Jim Whalen · Debt Management ~ Jim Whalen · Political Arena - State/Federal - Jane Cirrincione · Regulatory Arena- FERC/CPUC - Jane Cirrincione · Joint Action Coordination - Jane Cirrincione · Member Services & Communications - Jim Pope NCPA Generation Resources Cost (Blended Cost) 83OO 8100 $74.74 per Mwh (Gross) l O0 02 04 06 08 10 FIscal Year ....... Aetu&l~ Cost Trend by NCPA Resource (Benchmarked Performance) Geothermal $70.35 per Mwh (Gross) ~ ~ ~ . ....... -, O0 02 04 06 08 10 Fiacal Year Hydro O0 02 04 06 08 10 Fiacal Year CT-1 STIG ;:; l ,~ $1,132 per Mwh (Gross) ~°t $301.67 per Mwh (Gross) · ~-2./ ,o~ , O0 02 04 06 08 I0 O0 02 04 06 08 10 Fiscal Year Fiacal Year Generation Costs & Availability Strategic Plan Linkage to Results Plant Reliability .2,OO3 2OO2 Forced Forced Outage Outage Rate ..Availability Rate Availability CT-1 I 93.5% 1.81% 78.4% CT-2 ~ 93.9% 0.99% 96.6% Hydro ~ 95% 1.5% 93% Geo ~11 96.1% 1.81% 88.46% I 2004 Business Plan Goal: Forced Outage Rate < 0.5% 13 Generate/Purchase Power at Reasonable Cost Purchases/Sales: MCP v. Index $/MWh $110 $100 ...... _ ~NCPA MCP - Dally Avg Avg S.O. ....... MCP $42.91$..53 - - --DJ NP15 Index -Dilly Avg DJ 843.89$8.89 $90 ............................................... $70 S60 ............................................... $$o $4o $30 , - $20 Purchase Avg. $42.91 per Mwh vs. Market (DJ) Avg. $43.69 14 ,~e_~.. 3.00 2.50 2.00 1.50 1.00 0.50 0.00 Ukiah - WAPA Energy 4.00 4.00 -~ / ,,, ~. ] 2.00 3.00 NCPA Debt Management · Looking for Interest Rate Savings - From the Geothermal, Hydro and CT's debt · Future Reduction or Restructuring of Annual Debt Service - Limited opportunities to Refund Debt until July 1, 2008 - Continuing Surveillance/Follow-up on Market Opportunities - Monitoring Other Options (Swaps, etc.) NCPA Debt Management Overview As of January 1, 2004, NCPA had $795 million of fixed-rate and synthetic fixed-rate outstanding. ~CPA o ¥,- En~l l~y t 18 D Potential Retail Rate Imr~acts ue to Western Loss and Volatility (Typical NCPA Member) Avg. · Diversified (Typical) $/kWhr % Incr. - Today 8.3 - 2005 9.0 8% 1 - Dry year 2005 & Gas 9.7 17% · Western Dependent (Typical) - Today 6.8 Up - 2005 8.4 24% - Dry year 2005 & Gas 9.4 38% NCPA members are facing these Rate Impacts. 19 ,/~CPA Where are we on the future glide path? Many NCPA Challenges Beginning 2005/2006 5.t Western Costs 04 06 08 10 12 * Pool + SVP 20 _,~,~.~,~, 10 PG&E Bankruptcy Settlement Rate Impacts- Before & After* $/kWhr Before After % Red'n Down · Residential 0.140 .130 7% 1 1 · Lg. Comm. 0.154 .135 13% · Industrial 0.118 .101 14% Commercial/Industrial could be $.006/kWhr lower if DWR costs are shared prorata by Residential 11 Storm Clouds On the 05/06 Horizon 12 More storm Clouds On the 05/06 Horizon NCPA Legislative & Regulatory Affairs State and Federal Representation in the Legislative and Regulatory Arenas Mission: Protect and enhance the ability of NCPA's members to provide their customers with reliable low-cost environmentally responsible electric service by proactively advancing the Agency's policy goals at the local state and federal levels. 13 Trends in the Policy Areas that Impact Public Power · Decreasing receptivity for public power positions · Increased environmental emphasis · Increasing budget shortfalls (At the Cities & State) · Decreasing federal power resources · Increasing reliance on markets NCPA's Keys to Success "Providing services and delivering results that assist in members' success, that are best provided through joint action" We Need: · High level access to political process through committed and involved elected officials from member communities · Educate the Policymakers as "Honest Brokers" · Broad geographic reach (Cities, State & Federal) · Vision for the customer (i.e. stable rates) 28 14 NCPA Strategic Plan Objective Political Arena State/Federal · Deliver maximum influence and position NCPA in advance of issues to protect member interests · Assist members in maintaining local control · Work with California Municipal Utility Assoc and Transmission Agency of Northern California to advance member interests · Provide opportunities for elected officials to meet with, influence, and educate key policymakers on issues facing the Agency 29 Assist Members in Maintaining Local Control · National energy policy legislation · Establishment of a federal subcontrol area · State Renewable Portfolio Standard · State resource adequacy requirement · State imposed "Exit fees" for City "Greenfield" annexations 15 . Work with CMUA and TANC to Advance Member Interest · Federal Sub-control Area (SMUD or CAISO) · State Imposed "Exit fees" - City "Greenfield" annexations · Federal Energy Legislation- Cost Increases - MD02 and protecting consumer interests CMUA - California Municipal Utility Association TANC - Transmission Agency of Northern California SMUD - Sacramento Municipal Utility District CAISO - California Independent System Operator 32 16 Political Arena- State Govemor's Energy Action Plan "Improve California's business climate and create new jobs" Directs the CPUC to: · Implement AB 57 for the IOU's - Develop diversified resource portfolio - Enter into long term contracts · With an expedited CPUC approval process - Develop competitive procurement process - Integrate cost-competitive energy efficiency opportunities - Set "upfront standards & criteria" for rate recovery - Procure power reserves of 15% (Resource Adequacy) - Supports "Core/Non-Core Markets" for large customers Provide Opportunities for Elected Officials to Meet with, Influence and Educate Key Policymakers and Issues · NCPA Annual Federal Policy Conference · APPA Winter Legislative Rally · CMUA State Lobby Day · State and Federal Staff Tours · Ad Hoc Issue-Oriented Advocacy Efforts APPA - American Public Power Association 34 17 Special Thanks to: "Our Hard Working Members" Council Member & NCPA Commissioner Roy Smith City Utility Director Bernie Ziemianek City Utility Electrical Engineer - Cindy Sauers Special Thanks to Roy Smith for Serving on the NCPA Executive Committee Thank You Questions? 36 18 ITEM NO. DATE: August 4, 2004 AGENDA SUMMARY REPORT SUBJECT: PRESENTATION OF CITIZEN AND UKIAH POLICE EFFORTS TO REDUCE AND ELIMINATE GRAFFITI WITHIN UKIAH Chief John Williams and Sergeant Trent Taylor will address the Council regarding a citizen-police partnership to reduce and eliminate graffiti within the City of Ukiah. The presentation will include introduction of the new graffiti documentation and removal program, as well as the identification and apprehension of vandalism suspects. RECOMMENDED ACTION: Receive presentation and discuss issues as desired. ALTERNATIVE COUNCIL POLICY OPTION: N/A Citizen Advised: N/A Requested by: Ukiah Police Department Prepared by: Trent Taylor, Sergeant and Chris Dewey, Police Captain Coordinated with: Candace Horsley, City Manager and John Williams, Police Chief Attachments: None APPROVED: Candace Horsley, City Manger 3c - . . PR 0 CLA TION WHEREAS, to celebrate the opening o£ the Redwood Highway, Redwood Empire Association organized two 480 mile~lo ng ultra-marathons/rom San Francisco to Grants Pass in 1927 and 1928 run by Native American athletes spomored by towns dong the highways Ukt'ah's sponsored runner was Joe Myers, Sr., a Pomo {rom Pinoleville who placed third in the 1928 evenO and WHEREAS, Ukia~'s Grace Hudson Museum, the Mendocino County Alliance, North Coast Striders, Ukt'afi Players Tl~eatre, School o£ Per[orming Arts and Cultural Nati've American, youth, education, and arts groups are joining together on Aug~t~t 14, 2004 to produce a celebranon o£ these historic runs and Nat~¥e American sports, anchored by the Museum's opening o£a new e~cbibit-"Games o£ SkiII, Power and Chance in Native Cab'[ornia'; with compe ti'tors in those historic marathons profiled dong with other Native American WHEREAS, a documentaty [ilm o£ those historic Redwoods Marathons that will £eature the remarkable £eats o£1ocM Native American runners and the heroic story o£ the Redwoods Marathons is now in production; and WHEREAS, the 2004 Olympic Games dso open on August 14, £urther bringing attention to a)hleti'cs and [itness$ and WHEREAS, there have been many great locaI Naa've American athletes, [rom Joe Myers, Sr. in the !920s Redwoods Marathons to GabeJennings who competed in the 2000 Olympic Games. NOW, THEREFORE, I, Eric Larson, Mayor o[the City o[ Uldah, on bchd£o[my £ellow City Councilmembers, Phil Baldwin, Roy Smith, Paul Andersen, and Mati Rodin do hereby proclaim August 1% 2004 a~ LEGENDS OF THE RED WOODS NATIVE AMERICAN MARATHON DA Y and u~ge ali citizens to participate in a commemorative run, attend the author lecture at the Civic Center, and enjoy the e~ibition at the Grace Hudson Museum . Date, August 4, 2004 Eric Larson, Mayor MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, JUNE 16, 2004 4a The Ukiah City Council met at a Regular Meeting on June 16, 2004, the notice for which had been legally noticed and posted, at 6:30 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Rodin, Andersen, Smith, Baldwin, and Mayor Larson. Staff present: Community Services Director Finance Director Elton, Risk Manager/Budget Officer Ha Purchasing Agent Horger, Water Treatment Operator Fire Chief Latipow, City Attorney Rapport, C Sangiacomo, Public Works Director/City Police Chief Williams, Public Utilities Director Zie~ and Captain Dewey, ;ity Manager Horsley, Police Officer Johnson, Services Supervisor Director Stump, Ulvila. 2. PLEDGE OF ALLEGIANCE Purchasing Agent Mary Horger led the 3. INTRODUCTION/PROCLAMATION 3a. Introduction of New Public Ul City Manager Horsley introduced new Public Utilities Director. She di= Director Ziemianek to Council as the City's ,ackground. Bernie Ziemianek role of Public Util ;ity for .is to opportunity to assume the king for the City. g 3b. Proclamation: Mayor Prk ~ in Ukiah gnating June 14-20, 2004 as Gay Fi City of Uki~ Pride and exte encour~ he Mastin accepted the Proclamation on behalf of the from the committee to the City for its support. He participate in activities planned throughout the week. 4. APPRI .S 4a. Regular Me Councilmember ~ln recommended the following corrections to the minutes: Page 2, seventh par beginning with "Councilmember Baldwin", the last sentence should read "He discussed the possibility of lowering the salaries for the highest paid staff some percentage in a descending order so that no one gets laid off, there are no service reductions, and the lowest paid suffer no cut." Page 9, third paragraph beginning with "Councilmember Baldwin", the last sentence should read, "He expressed his concern that those that opposed the measure in March would determine how the new measure be phrased." M/S Andersen/Smith approving the Regular Meeting Minutes of April 21, 2004, as amended, and carried by unanimous consent. Regular City Council Meeting June 16, 2004 Page 1 of 7 5. RIGHT TO APPEAL Mayor Larson read the appeal process. 6. CONSENT CALENDAR M/S Baldwin/Smith approving items "a" through "g" of the Consent Calendar as follows: a. Approved Disbursements for Month of May 2004; b. Received Notification of Emergency Purchase from the Factory Exchange Influent Channel Grinder in an Plus Applicable Tax and Shipping; c. Rejected Claim for Damages Received from Joint Powers Authority, Redwood Empire Munici d. Approved Award of Construction Contract for Water Well Technology Inc. in the Amount e. Adopted Resolution 2004-29 Amendinc f. Approved of Budget Amendment in the Related to Litigation by River Watch; g. Approved Budget Amendment for ExpE of New Sidewalks and ADA for One :o Exceed $24,969 and Referred to nd;] g an~ ring of Well #5 to 85; ~dix to City Conflict rest Code; nt of $5 Special Fees und 699 for the Construction Motion carried by the following roll Smith, Baldwin, and Mayor Larson. N Co ~mbers Rodin, Andersen, None. 7. AUDIENCE Don Trimble, order of the l the matter. He re reopen Coyote ,ming Iley Ca ission ar rea busines.~ discussed their closure on June 4th by ;ad a letter from their attorney regarding Council in support of the casino to work and the casino could continue to M; ~n advi~ wouh able to ta is not on the Agenda and therefore, Council meeting. 8. PUBLI Located at Planning Direct{ ,n to Demolish Two Structures Over 50 Years Old ~h ~mp advised that Rural Communities Housing Development Corporation ( filed a Demolition Permit application to demolish a single-family residence and barn located at 578 Clara Avenue. On May 26, 2004, the City Demolition Permit Review Committee considered the application and unanimously found that none of the criteria in the Municipal Code applied; therefore the structure is not historically or architecturally significant. Based on the recommendation of the Demolition Permit Review Committee, Staff is recommending approval of the Demolition Permit. It was also noted that RCHDC has offered to recycle/salvage materials from the structure. Public Hearing Opened' 6:54 p.m. Regular City Council Meeting June 16, 2004 Page 2 of 7 Fire Chief Latipow explained that RCHDC has contracted with the Fire Department for a training and control burn of the structure which will take place within 45 days. Public Hearing Closed: 7:05 p.m. M/S Smith/Baldwin approving the Demolition Permit for the structures located at 578 Clara Avenue, based on the finding that they do not have historical or architectural significance; carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: N~ ABSTAIN: None. ABSENT: None. 8. PUBLIC HEARING 8b. Ado of Resolution · Project~ Amendments to the Land Us~ Elem, s. and Associated Environm, Planning Director Stump discussed th~ project. The Planning Commission has recommending the Council adopt a Resolutior associated Mitigated Negative Declaration. Element Update Trans ,n & Circulation ~nts eral Plan Housing ~ent update its hearing and is 9 new Housing I and General discussion ensued relate~ housing units, motels and hotels, devising a parallel g' to reduce It was noted that the ;neral Housing Element, affordable infill, traffic circulation and transportation. will include it on the list. Public Hearing I: 7:12 No one came Io Public Hearing ~e matter Di~ servi( m wh( con,' were discL and the stim~ housing and topic of discu~ ment strateg' ;idential use of natural Providi~ ard to infill pment and the cost of providing City re protection. Smart growth techniques and demand ;ed, as well as development along the railroad tracks located. Saving land for park development, and infrastructure for new housing developments housing for disabled persons, public transportation, lities were discussed. The topics of rehabilitating standard were addressed. The potential for annexation was also a M/S Baldwin/Andersen to reopen the Public Hearing for public comment. Motion failed. M/S Andersen/Smith adopting 2004-30 approving and adopting an amendment to the Housing Element of the General Plan and related amendments to the General Plan Transportation and Circulation and Lane Use Elements, carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None Regular City Council Meeting June 16, 2004 Page 3 of 7 9. UNFINISHED BUSINESS 9a. Discussion and Possible Approval of Revised Public Safety Sales Tax Ordinance for November 2004 Election City Manager Horsley explained that at the June 2, 2004 City Council meeting, the Council discussed wording for the proposed November 2004 public safety sales tax ordinance. Based on Council's direction, staff drafted this ordinance to reflect Council's direction. She discussed the 19 findings contained in the draft Ordinance, reviewed the Expenditure Plan, and discussed possible revised language to the 3rd paragraph of the "Expenditure Plan" contained on page 8 that was di~ ~d Police Chief Williams and Fire Chief Latipow presentation to Council concerning their individual de regard to personnel and equipment. 'ovided a Power Point status and needs with Considerable discussion ensured with regard and its interpretation by the public. It on the status of the Police and Fire De proposed ball~ that the public nee, as well City's ~sure language educated situation. It was the consensus of Council to replace 1 paragraph on page eight of the ;. "may" with "shall" in the first Discussion followed with regard to the third paragraph on le eight, $200,000 per year expe Department, includ entati ire Dep~ n's recommendation that read "not less than benefiting the Fire ment Staffing." Bruce Foster, of th~ 'eater reason why the mE that issue public ew Ordinan¢ Chamber of Commerce, noted that one ~at funds could be "supplanted". He felt ance and supported educating the R~ the emerge ght Commi icer, advised that the suggestion has been made to review the Ordinance that the firefighters and entitled Ukiah Police Officers. Councilml commended replacing the word "racial" with "ethnic". It was the conse~ meeting. Council to continue the matter to the July 7, 2004 Council Recessed: 8:30 p.m. Reconvened: 8:40 p.m. 9. UNFINISHED BUSINESS 9b. Discussion and Possible Action Re.qardin_q Ho~land Bypass Funding Vice-Mayor Baldwin Vice-Mayor Baldwin requested that this matter be postponed to the next meeting so that representatives from MCOG could attend the meeting to address this issue. Regular City Council Meeting June 16, 2004 Page 4 of 7 M/S Baldwin Andersen to table the item to the next meeting, carried by unanimous consent of the Council. 10. NEW BUSINESS 10a. Report Describing the City of Ukiah's Process for Disposal of Surplus Property- Councilmember Andersen City Manager Horsley advised that this report was requested by Councilmember Andersen. Purchasing Agent Horger provided an overview of the property and reviewed her Staff Report, with attachme for disposal of surplus luncil. Councilmember Andersen inquired about the surplused. He made a suggestion that the an alternative auction house. ;s and 1 id set up bids ¢ llue of the items or look into 10. 10b. NEW BUSINESS Adoption of Resolution Supervisors to Request Of the of Ukiah on Tu~ Said Election with the Gene Deputy City Clerk Ulvila advised with Mendocino Counl :hed calling an election o~ General Election :ontract City Attorney has to fill the vacancies terms, the ballot ,200. th the pro Clerk ino County Board of the Munici Election and to Consolidate o Same Day its elections is a proposed Resolution ;olidating ~e election with the Statewide )unty of Mendocino for election services. ~d Resolution. The election is necessary Councilmembers (Smith and Rodin) of City Treasurer (Carter), and any Aft~ ~rief d' the n~ of the Council to continue the matter to 10. SINESS 10c. for the Solid Waste Subcommittee City Manager that the City's current contract with the franchise waste collection ny requires that after two years the CPI formula increases to cover inflation, the a~ financials be reviewed for determination of a rate adjustment in the third year. During this process, a Council subcommittee consisting of two members is appointed to participate in the negotiations between the City of Ukiah and Solid Wastes Systems. It was the consensus of Council to select Councilmembers Andersen and Baldwin to serve on the Solid Waste Subcommittee. 10. 10d. NEW BUSINESS Discussion and Direction to the Inland Water and Power Commission Regular City Council Meeting June 16, 2004 Page 5 of 7 Representative City Manager Horsley advised that the Inland Water and Power Commission (IWPC) held their monthly meeting on June 10th and scheduled a special meeting on June 17th to determine actions based on input from their board representatives. There are three items for discussion by the Council to advise the City's IWPC representative, Vice- Mayor Baldwin, for the Commission meeting on the 27th. Council and staff addressed each of the three items and the following actions were taken: 1) Corp of Engineers Feasibility Study Sponsorship M/S Baldwin/Smith that the City would contribute up to submit its letter for sponsorship of the project to the A~ unanimous consensus of Council. and that IWCP should Engineers, carried by 2) Right of First Refusal language Councilmember Baldwin discussed lan( Refusal that he prepared. The IWPC meeting. A brief discussion followed with re( modifications to ht of First discu,, this matte their next ations. 3) Appeal of Federal Emergenc M/S Baldwin/Smith to support ani 9th District Court, and carried by una ation Co decision. ,ortional proposed appeal to the :il. 11. COUNCIL REP{ Councilmember Directors and raised with County, they have regard to th~ the tran= th~ in :i ~eting of the MTA Board of he next fiscal year. Some concerns were traffic study. In their dealings with the negotiations with the Governor with Coul a Power Autl that next Thursday he will attend the Northern meeting in Roseville. Counci ber Bal~ presentatil the near reported on ti other jurisdictio the desire to have Gentech provide Council with a :ure with regard to biomass and biofuel production. He to sell surplus water to Redwood Valley and they want He inquired about the pilot study concerning reduced flows and if the state co declaring this a dry year. He reportedly took an educational tour of Gibson Creel beginning at the railroad depot and ending at the fish hatchery. He encouraged more tours of this kind. Mayor Larson reported that he cut the board at the Home Depot grand opening. 11. CITY MANGER/CITY CLERK REPORTS City Manager Horsley discussed estimates from the League of California Cities that are included in the budget document. Regular City Council Meeting June 16, 2004 Page 6 of 7 Deputy City Clerk Ulvila reported that the City Clerk's office is preparing for the November election by assembling Candidate Packets. The nomination period begins July 5th and closes on August 6th. She also reported that News Releases have been faxed to the media on a weekly basis with regard to vacancies on City Commissions and Boards and so far only one application has been received. The deadline for submitting applications is noon on Monday, June 28th. 12. CLOSED SESSION None. 13. ADJOURNMENT There being no further business, the City Council was a( at 10:27 p.m. Marie Ulvila, City Clerk Regular City Council Meeting June 16, 2004 Page 7 of 7 4b MINUTES OF THE UKIAH CITY COUNCIL Special Joint Meeting of the Ukiah City Council And Ukiah Valley Sanitation District Wednesday, June 30, 2004 The Ukiah City Council met at a Special Joint Meeting with the Ukiah Valley Sanitation District (UVSD) on June 30, 2004, the notice for which had been legally noticed and posted, at 3:00 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Rodin, Andersen, Smith, Baldwin, and Mayor Larson. Staff present: Customer Service Supervisor Archibald, Water-Utilities/Project Engineer Burck, Community Development Director DeKnoblough, Finance Director Elton, Wastewater Treatment Manager Gall, City Manager Horsley, Public Utilities Consultant Kennedy, Accounting Manager McCann, City Attorney Rapport, Public Utilities Director Ziemianek, and Deputy City Clerk Ulvila. Ukiah Valley Sanitation District Board Members present: Shoemaker (arrived at 3:07 p.m.), Baldwin, and Chairman Delbar. Ukiah Valley Sanitation District Secretary Rau was also present. 2. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward to address the City Council or Ukiah Valley Sanitation District Board of Directors. 3. PUBLIC HEARING: CONSIDERATION AND ADOPTION OF FISCAL YEAR 2004- 2005 BUDGET A. Overview of Proposed Budget b y City Manager/Director of Public Utility Public Utilities Director Ziemianek noted the deficit for the City/District Sewer Operations Fund #612 and advised of changes to the Domestic Sewage (City) ($921,000), Domestic Sewage (UVSD) ($724,000), and that the total Revenue should be increased to $689,222. Finance Director Elton discussed the revenue and water sewage usage for the commercial and residential customers. Discussion followed with regard to when the increased fees for the expansion project would be implemented and it was noted by staff that the rates have not been established at this time. Staff will return to Council with a revised budget midyear once those rates have been established. M/S Smith/Andersen to increase residential sewage by Staff's recommended amounts, carried by unanimous consensus of Council. Public Utilities Director Ziemianek reviewed items in the budget for contractual services related to visual and video inspection of the sewer lines, permanent and temporary patching of pavement cuts, and engineering services. He also addressed the installation of PVC liner at various needed locations within the City. Regular Adjourned Meeting June 30, 2004 Page 1 of 2 Board Member Delbar expressed concern with the deficit situation and inquired about staffing asked staff to infiltration of water getting into the sewer system and the inflow (I & ~). Public Utilities Consultant Kennedy advised that the City does not intend to fill the superintendent position at this time but may fund another analyst/clerk position at a later time this year. He advised regarding I & I, the consultant did a cost benefit analysis for Region 6 and it was not cost efficient to spend $4.9 million to correct all of the I & I, but more cost effective to enlarge the plant and recommended the installation of a video program for maintenance. City Manager Horsley noted that $150,000 from future capital equipment replacements was cut out of the budget. Wastewater Treatment Manager Gall discussed the NPDES program that is due in October 2004 and noted it is a maintenance program for the collection system and will be required by the state during the next five-year cycle. He went on to discuss the required video and maintenance program of City sewer mains to be an integral part of this discharge permit. Public Utilities Director Ziemianek discussed a portion of the budget with regard to Contractual Services and noted that the cost of chemicals has increased. Public Utilities Consultant Kennedy discussed Capital Expenditures for the cost of the Wastewater Treatment Plant Upgrade Design and Financial Advisor. It is anticipated that the design should be completed by the end of this fiscal year. The cost does not include any expenses for value engineering (VE) review, which is estimated to cost $65,000 for the review and the consultant. B. Adoption of Ukiah Valley Sanitation District 2004-05 Budget by District Board M/S Smith/Baldwin approving the sewer portion of the budget and the portion of the budget for the Ukiah Valley Sanitation District 2004-05 budget, carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Chairman Larson. NOES: None. ABSTAIN: None. ABSENT: None. M/S Shoemaker/Baldwin approving the portion of the City of Ukiah's 2004-2005 budget for the Ukiah Valley Sanitation District, carried by the following roll call vote: AYES: Board members Shoemaker and Baldwin, and Chairman Delbar. NOES: None. ABSTAIN: None. ABSENT: None 4. ADJOURNMENT OF JOINT MEETING There being no further business, the meeting was adjourned at 3:20 p.m. Marie Ulvila, Deputy City Clerk Regular Adjourned Meeting June 30, 2004 Page 2 of 2 ITEM NO. 6a DATE: AUGUST 4, 2004 AGENDA SUMMARY REPORT SUBJECT: REJECTION Of CLAIMS FOR DAMAGES RECEIVED FROM KATHERINE GRAHAM AND HENRIETTA DUKES, AND REFERRAL TO JOINT POWERS AUTHORITY, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND The claim from Katherine Graham was received by the City of Ukiah on July 14, 2004 and alleges damages due to a traffic collision at Dora and Walnut on June 11,2004. The claim from Henrietta Dukes was received by the City of Ukiah on July 15, 2004 and alleges damages due to a trip and fall on Clara Avenue on June 11, 2004. 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 Katherine Graham and Henrietta Dukes 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 Katherine Graham, pages 1-5. 2. Claim of Henrietta Dukes, pages 6-8. APPROVED..t--.-(~:~ '~(~- mt~:asrcc04 Candace Horsley, City ~ger 0704CLAIM File With: City Clerk's Office City of Ukiah 300 Seminary Ave Ukiah, CA 95482 CLAIM FOR MONEY OR DAMAGES AGAINST THE CITY OF UKIAH RESERVE FOR FILING STAMP I ..... c~ OF U~(i~,H CITYCLE Y'-' ~'~ ..... A claim must be presented, as prescribed by the Government Code of the State of California, by the claimant or a person acting on his/her behalf and shall show the following: Altac~t ~ ~ ~ I If additional space is needed to provide your information, please attach sheets, identifying the paragraph(s) being answered. Name and address of the Claimant: . Address to which the person presenting the claim desires notices to be sent: Name of Addressee: Address: . . The date, place and other circumstances of the occurrence or transaction which gave rise to the claim asserted. Date of Occurrence: ~,-//_(.)¢/ Time of Occurrence:/~,~ ¢,x'~C::) Location: ,OC,~.. ,/- ~~~¢ 'Circumstances giving rise to this claim: ~ ~/~/~ ¢~ ~~ ~¢,~~ ~/~, ~z)~ ~;~ ~u~ uu~uHpuuH U~ the muemeeness, Obl~gauon, mju~, oamage or loss incurred so far as it ma~e known at the time of t~resentation of the claim. ~ i r~_ " ~ ...... - . The name or names of the public employee or employees causing the injury, damage, or loss, if known. , - -..~ - I ~j - -L-' Page I of 3 . If amount claimed totals less than $10,000' 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. Amount Claimed and basis for computation: If amount claimed exceeds $10,000: If the amount claimed exceeds ten thousand dollars ($10,000), no dollar amount shall be included in the claim. However, it shall indicate whether the claim would be a limited civil case· A limited civil case is one where the recovery sought, exclusive of attorney fees, interest and court costs does not .c)eed $25,000. An unlimited civil case is one in which the recovery sought is more than $25,000. (See CCP § · ~ L'L'L~ed Civil Case [----J Unlimited Civil Case IYou are required to provide the information requested above in order to comply with Government Codel 9910. , Claimant(s) Social Security Number(s): (optional) Claimant(s) Date(s) of Birth: Name, address and telephone number of any witnesses to the occurrence or transaction which gave rise to the claim asserted' 10. If the claim involves medical treatment for a claimed injury, please provide the name, address and telephone number of any doctors or hospitals providing treatment: 11. If applicable, please attach any medical bills or reports or similar documents supporting your claim. If the claim relates to an automobile accident: C~imant(s) Auto Ins. Co.: Insuranc~,Broker/Agent: Address: \ Telephone: Insurance Policy No.' Telephone: Claimant's Veh. Lic. No.: Vehicle Make/Year: Claimant's Drivers Lic. No.' ExPiration: if applicable, please attach any repair bills, estimates or similar documents supporting your claim. Page 2 of 3_ ~ ,. READ CAREFULLY For all accident claims, place on the following diagram the name City of Ukiah vehicle; location of City of Ukiah vehicle at time of of streets, including North, East, South, and West; indicate place of accident by "X" and by showing house numbers or distances to street corners. If City of Ukiah vehicle was involved, designate by letter "A" location of City of Ukiah vehicle when you first saw it, and by "B" location of yourself or your vehicle when you first saw accident by "A-I" and location of yourself or your vehicle at the time of the accident by "B-I" and the point of impact by "X." NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. CURB SIDEWALK PARKWAY SIDEWALK N 5 CURB Warning: Presentation of a false claim is a felony (Penal Code §72). Pursuant to California Civil Prodecures §1038, the City/Agency may seek to recover all costs of defense in the event an action is filed which is later determined not to have been brought in good faith and with reasonable cause. Date: Page 3 of 3 Date: Estimate ID: Estimate Version: Preliminary Profile ID: 7/2/04 12:27 PM 13873 0 Mitchell FARMER BROTHERS AUTO BODY INC 949 N STATE STREET UKIAH, CA 95482 (707) 462-8390 Fax: (707) 462-3866 Tax ID: 68.0096866 BAR #: AD124668 EPA ~. CAL000061706 By:. Ryan Smith Deductible: UNKNOWN Insured: KATHERINE GRAHAM Telephone: Home Phone: (707) 468-8205 Mitchell Service: 917524 Description: 1993 Chrysler LeBaron LE Body Slyle: 4DSed YIN: 1C3XA3632PF674080 OEM/ALT: O Drive Train: Search Code: 3.0L Inj 6 Cyl A None Line Entre/ Labor item Number Type Operation I 708440 BDY 2 722600 REF 3 723090 BDY 4 72409O BDY 5 725980 BOY 6 AUTO REF 7 726120 BDY 8 726630 BDY 9 726720 BOY 10 729000 MCH 11 731640 BOY 12 731740 BOY 13 AUTO REF 14 731900 BOY 15 936O12 16 AUTO REF 17 9~3(X)3 REF 18 933018 REF 19 933020 REF 21 AUTO ACCESS/INSPECT REFINISH REMOVE/INSTALL REMOVE/INSTALL REPAIR REFINISH REPAIR REMOVE/REPLACE REMOVE/REPLACE ACCESS/INSPECT REMOVE/INSTALL REPAIR REFINISH REMOVE/REPLACE ADD'L COST ADD'L OPR ADD'L OPR ADD'L OPR ADD'L OPR ADD'L COST Line Item Descr~ion WHEEL L REAR DOOR OUTSIDE L REAR BELT MOULDING L REAR DOOR OUTSIDE HANDLE L QUARTER OUTER PANEL L QUARTER PANEL OUTSIDE L QUARTER INNER PANEL L QUARTER WHEEL OPENING MLDG L QUARTER MC~JLDING EXTENSION L REAR SUSP SPINDLE -M REAR BUMPER ASSY REAR BUMPER COVER REAR BUMPER COVER REAR UPR BUMPER MOULDING HAZARDOUS WASTE DISPOSAL CLEAR COAT TINT COLOR MASK FOR OVERSPRAY PAINTED STRIPE TWO COLOR STRIPE PAINT/MATERIALS Pad Typ~ Pad Number Existing Existing WT11JD2 ORDER FROM DEALER Existing 4388570 DolOr Labor Amount Units 0.0' C 2.4 1.2 # 0.3*# 16.0'# C 2.0 2.0'# 93.85 0.4 40.20 0.3 0.0'# 0.6 0.5* C 2.0 26.6O 0.2 1.8 0.5* 5.00 * 0.3* 2O.0O* 1.2' 234.90 * * - Judgement Item # - Labor Note Applies C - Included in Clear Coat Calc ESTIMATE RECALL NUMBER: 7/2/04 12:27:16 13873 UltmMate is a Trademark of Mitchell International Mitchell Data Version: MAY_04_A Copyright (C) 1994 - 2003 Mitchell international ~ Ve~ion: 5.0.021 AIl Rights Reserved Page 1 of 2 I. Lab~r,~b~ls Re~nish Labor Summary Units Rate Add'l Laber Amount 21.5 59.00 10.2 59.00 Non-Taxable Labor 31.7 .0.00 25.00 Iil. ,Addilio~l Costs Taxable Costs Sales Tax Non-Taxable Costs Total Additional Costs Totals 0.00 0.00 7.250% 1,895.30 234.90 17.03 3.00 2~%93 Date: 7/2/04 12:27 PM Estimate ID: 13873 Estimate Version: 0 Prelim~ary Profile ID: Mitchell II. Part Replacement Summary Taxable Parts Sales Tax 725O% Total Replacement Parts Amount Customer Responsibll~ Amount 160.65 11.65 Amount 0.00 !. Total Labor:. !1. Total Replacement Parts: Iii. Total Additional Costs: Gross Total: IV. Total Adjustments: Net Tolal: .This is ,a preliminary,eMbnate. Additional changes to,the, estimate nmy be req, uired for the -3__,~'~__,a_! repay_ir Authorization for work to begin as per the guidlines of the above preliminary estimate is hereby given on this day. Due to the complex nature of collision repair, additional time and materials may be needed during the actual repair; completion time of repairs can only be estimated. Part prices are subject to actual invoices. I understand that payment in full will be due upon release of vehicle including any apllicable deductible. I hereby grant you permission to operate vehicle for testing and inspection. Old parts will be junked unless instructed otherwise in advance. In order for you to secure payment from my Insurance Company, I hereby authorize you to act as power of attorney for the sole purpose of endorsements on insurance checks for direct and prompt payment for the above repairs. **AUTHORIZATION TO BEGIN REPAIRS AS PER THIS PRELIMINARY ESTIMATE IS HEREBY GRANTED** DATE 1,895.30 172.30 254.93 2,322.53 0.00 2,322.53 ESTIMATE RECALL NUMBER: 712/04 12:27:16 13873 U~aMale is a Tradema~ of Mitchell Intemalional Mitchell Data Version: MAY_04_A Copyright (C) 1994 - 2003 Mitchell IntemalJonal ~ Version: 5.0.021 Ail Rights R___.~sen/ed Page 2 of 2 ~k's Office City of Ukiah 300 Seminary Ave Ukiah, CA 95482 CLAIM FOR MONEY OR DAMAGES AGAINST THE CITY OF UKIAH A claim must be presented, as prescribed by the Government Code of the State of California, by the claimant or a person acting on his/her behalf and shall show the following: Attachment # ~- If additional space is needed to provide your information, please attach sheets, identifying the p~r~gr~ph(s) being answered. Name and address of the Claimant: Name of Claimant: Address: Address to which the person presenting the claim desires notices to be sent: Name of Addressee: Telephone: Address: . . The date, place and other circumstances of the occurrence or transaction which gave rise to the claim asserted. Date of Occurrence: "~3 ~6 II. ,~)-nO~('' Time of Occurrence::~,¢/~0j,.' Location: ~ (~-~ A ~/~'- ~~ . giving ri~e to t~is claim: ~/ ~~. ~,JA ) ~'~I~ ~ 'd' ~ .~ ~'~ ~)~//~ Circumstances - ' ' J 'u / ' - / · -'~ ' General description of the indebtedness, obligation, injury, damage or loss incurred so far as it may be known at the time of the presentation of the claim. . -' -d / The name or names of the public employee or employees causing the inju~, damage, or loss, if known. Page I of 3 o If amount claimed totals less than $10,000: 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. Amount Cia,meal and basis for computation: ;~' ~ ~-~00, E~(~ '.'"~ ~.D; i/, ~e ~ $~ ...... __ . ._ __. . If amount claimed exceeds $10,000: If the amount claimed exceeds ten thousand dollars ($10,000), no dollar amount shall be included in the claim. However, it shall indicate whether the claim would be a limited civil case. A limited civil case is one where the recove~ sought, exclusive of attorney fees, interest and couA costs does not exceed $25,000. An unlimited civil case is one in which the recove~ sought is more than $25,000. (See CCP ~ 86.) ~ Limited Civil Case ~ Unlimited Civil Case You are required to provide the information requested above in orde' to comply with Government Code~ . Clai7) Social. Security Number(s): (optional) o , Claimant(s) Date(s) of Birth: 17'/:,9' Name, address and telephone number of any witnesses to the occurrence or transaction which gave rise to the claim asserted: 10. 11. If the claim involves medical treatment for a claimed injury, please provide the name, address and telephone number of any doc~tors or. hospitals providing treatment: If applicable, please attach any medical bills or reports or similar documents supporting your claim. If the claim relates to an automobile accident: Claimant(s) Auto Ins. Co.: Address' Telephone: Insurance Policy No.' Insurance Broker/Agent: Telephone: Address: Claimant's Veh. Lic. No.- Vehicle Make/Year: Claimant's Drivers Lic. No.: Expiration- If applicable, please attach any repair' bills, estimates or similar documents Supporting your cla/m. Page 2 of 3 READ CAREFULLY For all accident claims, place on the following diagram the name of streets, including North, East, South, and West; indicate place of accident by "X" and by showing house numbers or distances to street corners. If City of Ukiah vehicle was involved, designate by letter "A" location of City of Ukiah vehicle when you first saw it, and by "B" location of yourself or your vehicle when you first saw City of Ukiah vehicle; location of City of Ukiah vehicle at time of accident by "A-I" and location of yourself or your vehicle at the time of the accident by "B-I" and the point of impact by "X." NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. CURB" PARKWAY SIDEWALK CURB Warning: Presentation of a false claim is a felony (Penal Code §72). Pursuant to California Civil Prodecures §1038, the City/Agency may seek to recover all costs of defense in the event an action is filed which is later determined not to have been brought in good faith and with reasonable cause. Signature: ~ ' .~~_///~/'¢/~,..2 Date: Page 3 of 3 AGENDA SUMMARY ITEM NO. 6b DATE: Au.qust 4, 2004 REPORT SUBJECT: AWARD OF BID FOR VARIOUS POLE AND PAD MOUNT TRANSFORMERS IN THE AMOUNT OF $58,219.61 TO WESCO AND WESTERN STATES (ERMCO) The formal bid process was followed in sending a Request for Quotation (RFQ.) for eleven different size transformers. Bids were opened by the City Clerk on July 20, 2004, at 2:00 p.m. The bidders were: . 2. 3. 4. 5. 6. WESCO - ABB WESTERN STATES ELECTRIC- ERMCO WESTERN STATES ELECTRIC- PAUWELS WESTERN STATES ELECTRIC- COOPER G.E. SUPPLY COMPANY- GE PROLEC WRATHALL & KRUSI, INC.- HOWARD INDUSTRIES Bids were evaluated on price, delivery time, load losses, size, availability of circuit protection, and the requirement of two switches for a Ioopfeed transformer. The bids are total cost, including tax and shipping. Based on staff's evaluation the lowest compliant bidder for each unit is as summarized in the attached table. The transformers will be placed in warehouse stock and will be charged out on a project-by-project basis. They have been budgeted in the 2004/05 Fiscal Year budget in Account Number 800.3646.690.000. Sufficient funds are available for these purchases. RECOMMENDED ACTION: Award Bids Totaling $58,219.61 As Follows: One 10 KVA, Ten 37.5 KVA, Three 50 KVA And One 75 KVA Pole Mount Transformer, One 75 KVA 240V, One 75 KVA 208Y, One 300 KVA And One 500 KVA Pad Mount Transformer To WESCO For $34,308.22; One 112 KVA, Two 150 KVA And One 500 KVA Pad Mount Transformer To WESTERN STATES (ERMCO) For $23,911.39. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject all bids and direct staff to re-advertise and re-solicit bids Citizen Advised- N/A Requested by: Stan Bartolomei, Electric Supervisor Prepared by: Judy Jenney, Purchasing & Warehouse Assistant Coordinated with- Candace Horsley, City Manager Attachments: Bid Tabulation APPROVED:' Canda~--e H(~rsl~y, City Manager 'd 0 · (D A~m:~hrm 0 (D (D m I~1 $~ o ~ :~ · . o ~,,~ ao o 0 On') 0 ~0 t'qco cD 0 · (1) ~ o o o 0 o o r,.1 o o Z Z og~g~z o 0 -,-I 0 ~ GJ 0 o o 0 ~D ~) O ~L ~ o 0 0 0 0 -~ -.-I -,-I-~1 0 0 0 0 Z Z Z Z o · · ~ o ~ ~ 0 ~ jjj ~ ~ ~ ~ · Z ~ ~ ~ Z ~ ~ ~ ~ H 0o o ITEM NO. 6c DATE: August 4, 2004 AGENDA SUMMARY REPORT SUBJECT: NOTIFICATION OF EMERGENCY PURCHASE OF ONE PUMPING COLUMN AND INSTALLATION FROM KIRBY'S PUMP AND MECHANICAL, INC., IN THE AMOUNT OF $16,964.PLUS TAXES Pursuant to the City of Ukiah Municipal Code section 1530, Emergency Purchases, this report notifies the City Council of the purchase of one pump, pumping column, oil tube, and pump shaft (complete pump) and its installation, from Kirby's Pump and Mechanical, Inc. in the amount of $16,964 plus taxes. This is a replacement pump for the City's Well #5. When the pump was dismantled for well cleaning it was discovered to have several holes in the pump column, the pump column and couplings showed evidence of severe electrolysis, the machined surfaces for the oil tube were eaten away, the pump shaft had deposits on it, and the pump screen was rotted away. The pump manufacturer, Berkley, is no longer in business making machining necessary to mate the old discharge head with the new material. With the cleaning that was done at well #5 and the new pump, it is feasible to gain an additional 300 GPM (0.432 MGD) of production. The pump will be purchased through funds budgeted in account 820.3850. 690.000. RECOMMENDED ACTION' Receive Notice Of Emergency Purchase Of One Pumping Column In The Amount Of $16,964 Plus Taxes. ALTERNATIVE COUNCIL POLICY OPTION: N/A Citizen Advised' Requested by: Prepared by: Coordinated with: Attachments: N/A Bernie Ziemianek, Director of Public Utilities Alan Jamison, Water Treatment Plant Supervisor Candace Horsley, City Manager 1. July 20, 2004 letter from Kirby's Pump and Mechanical, Inc, page 1. APPROVED: Candace Horsley, City ~,anager KIRBY'S PUMP ,AND ECHANICAL, July 20, 2004 INC. HO. 7?3 · PUMP ];LEPAIR · INSTALLATION 3233 FITZGEIL~LD ROAD RakNCHO CORDOYA, CA 95742 TELEPHONE (9] 6) 635-2735 FAX (916) 635-6090 CONTRACTOR LtC. #538234 City of Ukiah Department of Public Works A. ochmm # I IIII III - Attention; Allan Jamiaon Re: Well #5 Deepwell Turbine Pump Gentlemen: The following is our quote to refurbish the existing well. pump removed from Well #5. ~urni~h and in,tall the following: *** I) Goulds Four Stage 12WAHC Bowl Assembly, 600 gpm at 330' TDH, fitted for Berkeley 2" X 1-3/16" tube and shaft 2) i30 ft - 8"X2"X1-3/16" column, tube, and shaft 3) New Berkeley tube tension assembly 4) New 1-3/16" top shaft and top cube Lump Sum - $ 16,964.00 Curve amd descri~ive literature a~tached. If you have any questions, contact the undersigned. Sincerely, m,. George Collier *** Please provide the. out~lde diameter for the existing Berkeley Bowl Assembly removed from the well. JUL 20,2004 16:54 Page 2 AGENDA SUMMARY REPORT ITEM NO. 6~] DATE: August 4, 2004 SUBJECT: AWARD OF BID TO BORGES-MAHONEY SOLE SOURCE SUPPLIER, IN THE AMOUNT OF $11,152 PLUS TAXES FOR FIVE WALLACE & TIERNAN ENCORE 700 CHEMICAL FEED PUMPS AND THREE REPAIR KITS Submitted for the City Council's consideration and action is staff's request to award the bid for five new Wallace & Tiernan chemical feed pumps and three repair kits in the amount of $11,152 plus taxes to Borges-Mahoney. Borges Mahoney is the Northern California distributor for Wallace & Tiernan making them sole-source. The current chemical feed pumps are beginning to wear. Parts will become more scarce making purchases more expensive and longer in time from order to receipt. These pumps were budgeted for and will be purchased under account 820.3908.302.000. RECOMMENDED ACTION: Award Bid For Five Chemical Feed Pumps And Three Repair Kits In The Amount Of $11,152 Plus Taxes To Borges-Mahoney. ALTERNATIVE COUNCIL POLICY OPTION: Reject the bid and provide direction to Staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Bernie Ziemianek, Director of Public Utilities Alan Jamison, Water Treatment Plant Supervisor Candace Horsley, City Manager None APPROVE~-.,,. Candace Horsley, Cit~anager ITEM NO. 6e DATE' Au,qust 4, 2004 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION PRESENTING BALLOT MEASURE, TRANSMITTING MEASURE TO THE CITY ATTORNEY FOR IMPARTIAL ANALYSIS AND CONFIRMING DEADLINE FOR ARGUMENTS FOR OR AGAINST THE MEASURE At the July 7, 2004 City Council meeting, Council adopted Ordinance No. 1056, prescribing Chapter 8C of Division 1 of the Ukiah City Code imposing a Transactions and Use Tax to be administered by the State Board of Equalization if approved by the electorate. The City Council must now adopt a Resolution setting forth the wording for the ballot measure to adopt Ordinance 1056 that will appear on the ballot for the November election, transmitting the measure to the City Attorney for Impartial Analysis, and confirming the published deadline for submitting arguments for or against the measure. The deadline for Council to take action on this matter is August 6, 2004. The City Attorney has prepared the Impartial Analysis as required by Elections Code § 9280. The measure was published in the newspaper on July 14, 2004 with a deadline of July 26, 2004 for submitting arguments for or against the measures. As of that deadline, the City Council submitted an argument in favor the measure and no opposing arguments were received. RECOMMENDED ACTION: Adopt Resolution Presenting Ballot Measure, Transmitting Measure to the City Attorney for Impartial Analysis, and Confirming the Deadline for Filing Arguments For or Against the Measure. ALTERNATIVE COUNCIL POLICY OPTIONS: Modify the wording of the ballot measure and adopt revised Resolution. Citizen Advised: N/A Requested by: Marie Ulvila, Deputy City Clerk & Marsha Wharff, Mendocino County Clerk Prepared by: Marie UIvila, Deputy City Clerk Coordinated with:Candace Horsley, City Manager and David Rapport, City Attorney Attachments: 1. Resolution for adoption APPROVED: ,. ~~ ~... Candace Horsley, Ci~ Manager Election: ASR Ballot Measure Nov 2004 present ATTACHMENT.. WHEREAS, RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH PRESENTING BALLOT MEASURE ADOPTING AN ORDINANCE IMPOSING A SPECIAL ONE-HALF PERCENT SALES TAX TO FUND PUBLIC SAFETY SERVICES, TRANSMITTING MEASURE TO CITY ATTORNEY FOR IMPARTIAL ANALYSIS AND CONFIRMING DEADLINE FOR ARGUMENTS FOR OR AGAINST THE MEASURE 1. Election Code Section 10403 authorizes the City Council of the City of Ukiah (City) to request the Mendocino County Board of Supervisors to consolidate a general municipal election with the statewide election scheduled for November 2, 2004; and 2. On June 16, 2004, the City Council called a municipal election, including one ballot measure, for November 2, 2004, and requested that the election be consolidated with the statewide election scheduled for that date and requested Mendocino County to conduct that election for the City; and 3. On July 7, 2004, the City Council adopted Ordinance No. 1056, establishing a one-half of one percent sales tax to be used exclusively for public safety services in the City, which only becomes effective if approved by not less than 2/3 of the voters voting in the November 2, 2004 election; and 4. The Elections Code requires the City Council to set forth in a resolution the exact form of any ballot measures to appear on the election ballot and to take other steps related thereto; NOW, THEREFORE, BE IT RESOLVED that: Resolution 2005- Page 1 of 3 1. The following ballot measure shall appear on the ballot for the November 2, 2004 election: MEASURE Shall Ordinance No. 1056 be adopted to impose a transaction (sales) and use tax at a maximum rate of one-half of one percent to be used exclusively for the provision of public safety (police, fire, and emergency medical) services within the city limits of the City of Ukiah? [ ] Yes [ ] No 2. Measure form: City of Ukiah Ordinance No. 1056, enacted by the voters pursuant to subsection 1 of this Resolution, shall be in the form set forth in Attachment . 3. The City Council shall transmit a copy of the ballot measure set forth in section 1 and the form of Ordinance No. 1056 set forth in section 2 of this Resolution to the City Attorney for the preparation of an impartial analysis as required by Elections Code Section 9280. 4. The City Clerk posted the notice of the deadline for filing ballot arguments for or against a measure set forth in Attachment 1 on July 14, 2004. In accordance with the notice, ballot arguments for or against the measure were required be filed by July 26, 2004, which requirement is hereby confirmed. PASSED AND ADOPTED by the City Council of the City of Ukiah on this 4th day of August 2004, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Resolution 2005- Page 2 of 3 ATTEST: Eric Larson, Mayor Gordon Elton, City Clerk Resolution 2005- Page 3 of 3 ATTACHMENT ORDINANCE NO. 1056 AN ORDINANCE OF THE CITY OF UKIAH ADOPTING CHAPTER 8C OF DIVISION 1 OF THE UKIAH CITY CODE IMPOSING A TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE. Findings. The City Council and the people of the City of Ukiah hereby find: 1. The City of Ukiah is 4.7 square miles in size, but is surrounded by additional urban areas and residential subdivisions within an unincorporated portion of Mendocino County. The Ukiah Valley is the most populous portion of Mendocino County, containing, at least, 2/3 of the total county population. 2. The California Department of Finance estimates the popUlation of the City of Ukiah ("City") as of January 1, 2004, at 15,900 people. 3. Ukiah is the County Seat for Mendocino County and a commercial center for Mendocino County, Lake County, Southern Humboldt County and Northern Sonoma County. 4. As such during business hours, the City population swells to perhaps as many as 40,000 people, including people who work, shop and receive services in Ukiah.~ 5. Ukiah also is located on U.S. Highway 101, which is the major north-south highway west of Interstate Highway 5, and links southern California to Northern California and Oregon. 6. Consequently, a small city with a population of 15,900 people must provide law enforcement, fire protection and emergency medical services to a day time population of 40,000, and respond to emergencies within the City, on U.S. Highway 101, and on a mutual aid basis within the larger Ukiah Valley. 7. Public safety services is a general fund obligation of the City, which receives revenues from ad valorem property taxes, sales taxes and vehicle license fees. The. City receives only 1% of the gross receipts from taxable retail sales within the City and less than 10% of the property taxes collected from real property located within the City. 8. Due to the State of California's budget deficit, the City has seen its general fund revenues decrease in the last two years. In the 2003-2004 fiscal year, the City saw a reduction of over $300,000 in revenue from the 2002-2003 fiscal year and is projecting a deficit of over $700,000 for the 2004-2005 fiscal year. 9. As a result, the City is faced with a substantial deficit for fiscal years 2004-2005, which may require lay-offs or other reductions in expenditures for public safety services in the City. Page 1 of 10 10. The total calls for police service has increased from around 2500 calls in 1969'to 24,000 in 2003, or by almost 1000%. Just in the period between 1999-2003, crime reports taken have gone from 3900 in 1999 to 4300 in 2003. Calls for service have increased in virtually every category, including assaults with weapons, burglary, thefts and shoplifting, drags, sexual assaults and domestic violence. In addition, the Police Department responds to over 400 traffic accidents per year. In 2003, the average peace officer in the City answered 1800 calls for service, wrote 288 crime reports, made 97 misdemeanor and 48 felony arrests, and wrote 127 traffic tickets. 11. In contrast, between the years 1969 and 2003, the number of patrol officers in the Ukiah Police Department has remained constant at 14 officers. Except in 1999, when the number increased to five, the number of detectives has remained constant at four detectives. There are not enough sworn peace officers in the department to have three officers on every shift in a 24- hour period. 12. The police department responds to a substantial number of calls from City businesses, many of these involving shoplifting. For example, in 2003 the department responded to almost 1000 calls from just seven businesses. 13. At the same time, the vehicles and equipment of the police department have not kept pace with the demands on the department. The department has a total of eight patrol vehicles, which range in age from 12 years to 2 years. Every protective vest used by its sworn peace officers is past' its useful life of five years. Many of its vehicle light bars, radios and other equipment are no longer supported by their manufacturers. 14. The Fire Department provides fire prevention services, public education and information, disaster preparedness, emergency response services, not only to fires and medical emergencies, but also rescues, hazardous materials spills and other disasters. In 2003, the Department responded to calls for 79 fires, 1582 medical and rescue calls and an additional 523 miscellaneous calls for assistance. 15. The City currently has an excellent Insurance Services Office ("ISO") rating of '3' for a city its size, with '1' being the best and '10' the worst. With the potential for reduction in staffing and equipment, any increase in the ISO rating will substantially raise insurance rates within the City limits. ISO recommends a minimum of one ladder track, if the City has buildings over 18,000 square feet or three or more stories in height. The City has 31 buildings over 18,000 square feet and 22 buildings that are three stories or more in height. Its existing ladder truck is due to be replaced at a cost of approximately $650,000. 16. At its current staffing, the Fire Department has a minimum staffing of four personnel on each shift, 24 hours per day assigned to staff one ambulance and one fire engine. The Fire Department needs to add additional paid staff over the next year to augment staffing shortages on the Engine Company. If the call volume continues to increase as it has for the last several years and the city continues to approve new commercial and residential construction as well as possible annexations, the department projects that within'the next 10 years they will need to additionally staff the ladder truck and a second ambulance. In order to meet this projected demand the staffing levels need to increase. The Department also believes that adequate training will require an increase in the annual amount per employee currently spent of $600 to approximately $2000. Page 2 of 10 17. Of the City's three ambulances, one has 1 year before it should be shifted to reserve status. Another is 8 years old and should be in reserve status. The third is 11 years old and should be replaced. Much of the other equipment essential to the Fire Department mission is past its useful life and should be replaced, including all its self-contained breathing apparatus, all mobile radios, portable generators, rescue air bags, one of the department's two jaws of life, which are used in vehicle rescues, and 34% of its fire hose. Other equipment is due to'be replaced within 2 years, including paramedic equipment, and personal protective gear. 18. Unlike the current 7.25% sales tax, all of the sales tax produced by this ordinance will remain in the City of Ukiah and be placed in a special fund that must be used exclusively to fund public safety services. In addition, this ordinance would prevent the City from reducing the amount of general fund revenues below the amount it spent in the 2003-2004 fiscal year on public safety services. This ordinance also requires the City to maintain the current level of public safety services and to increase the number of sworn peace officers in its Police Department by four and to commit, not less than, $150,000 per year to equipment and capital improvements for the Fire Department. 19. If this ordinance is adopted, the City will have sufficient funding to provide adequate staffing and equipment for both its police and fire departments. Without the additional sales tax revenues produced by this ordinance, the City may be faced with further reductions in staffing within its public safety departments and the use of outdated and fully depreciated equipment. SECTION TWO. A new Chapter 8C of Division 1 is hereby added to the Ukiah City Code to read as follows: Article 1. General. §1735: TITLE: This ordinance shall be known as the City of Ukiah Transactions and Use Tax Ordinance. The City of Ukiah hereinafter shall be called "City." This ordinance shall be applicable in the incorporated territory of the City. §1736: OPERATIVE DATE: "Operative Date" means the first day of the first calendar quarter commencing more than 110 days after the adoption of this ordinance, the date of such adoption being as set forth below. §1737: PURPOSE: This'ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes: A. To impose a retail transactions and use tax as authorized by Revenue and Taxation Code Section 7285.91 in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code-and Section 7286.24 of Part 1.7 of Division 2 which authorizes the City to adopt this tax' ordinanCe which shall be effective and operative ff a 2/3 majority of the City Council' adopts this ordinance and a 2/3 majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose. Page 3 of 10 B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code. C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefor that can be administered and collected by the State Board of Equalization in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the State Board of Equalization in administering and collecting the California State Sales and Use Taxes. D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance. E. To raise revenue for public safety services as further provided herein. § 1738: CONTRACT WITH STATE: Prior to the operative date, the City shall contract with the State Board of Equalization to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the City shall not have contracted with the State Board of Equalization prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract. Article 2. Transactions and Use Tax §1739: TRANSACTIONS TAX RATE: For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated and unincorporated territory of the City at the rate of one-half of one percent (.5%) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this ordinance. §1740: PLACE OF SALE: For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the State Board of Equalization. §1741: USE TAX RATE: An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of one-half of one percent (.5%) of the sales price of the property. The sales price shall Page 4 of 10 include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made. §1742: ADOPTION OF PROVISIONS OF STATE LAW: Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division '2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein. §1743: LIMITATIONS ON ADOPTION OF STATE LAW AND COLLECTION OF USE TAXES: In adopting the provisions of Part I of Division 2 of the Revenue and Taxation Code: A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when: 1. The word "State" is used as a part of the title of the State Controller, State Treasurer, State Board of Control, State Board of Equalization, State Treasury, or the Constitution of the State of California; 2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the State Board of Equalization, in performing the functions incident to the administration or operation of this Ordinance. 3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to: a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or; b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax'by the state under the said provision of that code. 4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code. B. The word "City" shall be substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 and in the def'mition of that phrase in Section 6203. ' §1744: PERMIT NOT REQUIRED: If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this ordinance. Page 5 of 10 §1745: EXEMPT/ONS AND EXCLUSIONS: A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax ~or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Bums Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax. B. There are exempted from the computation of the amount of transactions tax the gross receipts from: 1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the County in which the sale is made and directly and exclusively in the Use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government. 2. Sales of property to be used outside the City which is shipped to a Point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied: a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Chapter 2 of Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and b. With respect to commercial vehicles, by registration to a place of business out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address. 3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance. 4. A lease of tangible personal property which is a continUing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this ordinance. 5. For the purposes of subsections (3) and (4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised. Page 6 of 10 C. There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this City of tangible personal property: 1. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance. 2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California. 3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance. 4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this Ordinance. 5. For the purposes of subsections (3) and (4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised. 6. Except as provided in subparagraph (7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer. 7. "A retailer engaged in business in the City" shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter I (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Chapter 2 of Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or- licenses the vehicle, vessel, or aircraft at an address in the City. D. Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax. Page 7of 10 Article 3. Permissible Uses of Transactions and Use Tax §1746: EXPENDITURE PLAN: A. Use of the tax proceeds. The money received by the City from this one-half cent tax shall onlY be used to provide public safety services within the City. These monies may not be used for anything else. "Public safety services" means law enforcement and crime prevention services provided by the Ukiah Police Department, and fire protection and prevention and emergency medical services provided by the Ukiah Fire Department. These taxes may be used to pay for such public safety services expenses as the training and salaries, including overtime and specialty pay, and fringe benefits, of public safety officers and support staff working in the Police Department and of firefighters, emergency medical technicians and support staff working in the Fire Department. These funds may also be used for operating expenses, and the purchase of vehicles, equipment and supplies, and capital improvements used exclusively by the Police and Fire Departments. In each fiscal year commencing with the 2004-2005 fiscal year, the City shall deposit, into the Public Safety Services Fund" for the exclusive use of public safety services all of the following: (1) money produced by this tax; and (2) "Public Safety Revenue" which is the revenue produced by the Police and Fire Departments, such as income from the ambulance service, vehicle impound fees, fire prevention fees and other fees for public safety services, and four million four hundred two thousand four hundred sixty-one dollars ($4,402,461.00), the amount of general fund revenues budgeted for public safety services in the 2003-2004 fiscal year. The combination of these funds shall be called the "Public Safety Services Fund." The City shall maintain a minimum level of public safety services, but nothing in this Ordinance prevents the City Council from establishing a higher level of public safety services or prevents the City from reorganizing or changing the method of providing public safety services. The minimum level of public safety services shall be the level of such services available in the City in the 2003-2004 fiscal year, plus the following: (1) the equivalent of four additional full-time peace officers as defined in Penal Code Section 7 and Title 3, Part 2, Chapter 4.5 (commencing with Section 830) assigned to patrol services, and (2) not less than $200,000 per year for staff augmentation and capital expenditures benefiting the Fire Department, including, but not limited to, the purchase or improvement of equipment, vehicles and facilities. "Patrol services" as used herein means a uniformed assignment within the Police Department that provides general or specific law enforcement duties, including, but not limited to, Community Oriented Policing and Traffic Enforcement. Every five years after the Effective Date of this Ordinance, the Ci.ty Council Shall appoint five people to an "Oversight Committee" the only function of which shall be to review the City's budget for public safety services and the expenditure of the revenues so budgeted. The persons appointed to the Oversight Committee should represent a broad range of interests in the City, including such interests as business owners, ethnic minorities, Ukiah firefighters, Ukiah peace officers, persons providing emergency medical services for the City of Ukiah, homeowners and tenants. The City Manager shall provide the Oversight Committee with any information it requests which is not exempt from disclosure under the California Public Records Act and shall assist it in organizing and analyzing the information so provided. The Oversight Committee must prepare a written report which shall be presented to the City Council at a noticed public hearing and which Page 8 of 10 shall be available to the general public for not less than 10 calendar days prior to the scheduled hearing date. The report shall contain an analysis of the level and types of service provided by the City's police and fire departments, the expenditure of the Public Safety Services Fund, and the unrestricted reserves within the budgets for those departments. It shall also make recommendations concerning the future use of these funds and levels and types of service. The Oversight Committee shall dissolve after it files its report with the City Council, until a new Oversight Committee is apPointed for the next five year review. B. Accounting for tax revenue. All revenues produced by the tax imposed by this Ordinance and all interest on said revenues shall be credited to the Public Safety Services Fund and shall be designated for use and used only in accordance with subsection A of this Section 1746. The income to and expenditures from the Public Safety Services Fund shall be accounted for separately in the financial reports and records of the City of Ukiah. Article 4. Miscellaneous {}1747: AMENDMENTS: All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance. §1748: ENJOINING COLLECTION FORBIDDEN: No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected. SECTION THREE 1. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have adopted this Ordinance and any section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be declared unconstitutional or otherwise invalid. 2. EFFECTIVE DATE. This ordinance relates to the levying, and collecting of the City transactions and use taxes and shall take effect immediately upon its approval by the voters as provided in Section 1737.A. Page 9of 10 Approved on July 7, 2004 by the following roll call vote of the Ukiah City Council: AYES: NOES: ABSENT: ABSTAIN: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson None None None Gordon Elton, City Clerk Eric Larson, Mayor Page 10'of 10 RESOLUTION NO. 2005-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH REQUESTING THE MENDOClNO COUNTY .BOARD OF SUPERVISORS TO REQUEST THE COUNTY CLERK TO CONDUCT THE MUNICIPAL ELECTION OF THE CITY OF UKIAH ON TUESDAY, NOVEMBER 2, 2004, AND TO CONSOLIDATE SAID ELECTION WITH THE GENERAL ELECTION HELD ON THAT SAME DAY WHEREAS, the City of Ukiah has called an election to be held in this City on Tuesday, November 2, 2004; and WHEREAS, Section 10002 of the Elections Code of the State of California authorizes the Clerk of the County of Mendocino to render specified services relating to the conduct of an election to any city or district which has by resolution requested the Board of Supervisors to permit the County Clerk to render the services, subject to requirements et forth in that section; and WHEREAS, the City of Ukiah election shall consist of the following election candidates: two City Council positions, the office of Mayor, the office of Treasurer, any ballot measure, and all other required election matters. NOW, THEREFORE, BE IT RESOLVED that pursuant to the above cited provisions, the Board of Supervisors of the County of Mendocino is hereby requested to permit the County Clerk to perform and render all services and proceedings incidental to and connected with the conduct of the municipal election of the City of Ukiah with the cooperation and assistance of the City Clerk of the City of Ukiah, sUch services to include, but not limited to the following: 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) Establish voting precincts, secure locations for polling places, and secure the services of election officers for each precinct as required by law. Prepare and furnish to the election officers necessary supplies for the conduct of the election. Cause to be translated, as appropriate, and printed the requisite number of sample ballots, official ballots, rosters and other necessary forms. Make necessary arrangements for the delivery of supplies to the Various precincts. Distribute absent voter ballots as required by law. Receive the return of elections material and supplies. Canvass the returns of the election, including the absent voter ballots. Furnish a tabulation of the number of votes cast in each precinct. Make all the necessary arrangements to pay the precinct board members and other costs of the election incurred as the result of services performed for the City of Ukiah. Publish a list of precincts, election officers; polling places and hOurs polls will be open. Verify signatures appearing on nomination papers. 1) 2) 3) 4) 5) BE IT FURTHER RESOLVED, the City Clerk shall be responsible for: Publication of Notice of Election. Distribution and receipt of nomination papers. Receipt of Candidates Statement and printing deposit. Publication of candidates as required by law. Receive campaign statements and disclosure statements as required by law. THE FOREGOING REOSLUTION WAS ADOPTED at a regular meeting of the Ukiah City Council held on the 7th day July 2004, by the following roll call vote. AYES: NOES: None ABSENT: None ABSTAIN: None Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson G(~don Elton, City Clerk Eric Larson,'Mayor AGENDA SUMMARY ITEM NO. 6f DATE: August 4, 2004 REPORT SUBJECT: ADOPTION OF RESOLUTION REMOVING ON-STREET PARKING AND ESTABLISHING BUS LOADING ZONES AT 340 AND 345 NORTH MAIN STREET SUMMARY: The Mendocino Transit Authority (MTA) requested establishment of bus loading zones at 340 and 345 North Main Street (location map, Attachment 2). The net result of the proposed action will be the loss of approximately six on-street parking spaces. The Traffic Engineering Committee (TEC) reviewed this request at its regular meeting of July 20, 2004 and recommends approval to the City Council. The proposed bus stops will provide service to various facilities in the area. John Dooley, owner of the property at 345 North Main Street, attended the TEC meeting on July 20, 2004. Mr. Dooley does not object to the bus stop proposed for 345 North Main Street. MTA contacted Vicky Patterson of Nuestra Casa regarding the proposed southbound bus stop location. Ms. Patterson is not opposed to the proposed bus stop location at 340 North Main Street. However, she did indicate that some Nuestra Casa clients park cars along the frontage of 340 North Main Street. The TEC reviewed this and acknowledged that there is sufficient available curbside parking at other nearby locations on North Main Street. RECOMMENDED ACTION: Adopt resolution removing on-street parking and establishing bus loading zones at 340 and 345 North Main Street. ALTERNATIVE COUNCIL POLICY OPTIONS: Do not adopt resolution and provide direction to staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Bruce Richard, MTA; Nuestra Casa; John and Joan Dooley Diana Steele, Director of Public Works / City Engineer Rick Seanor, Deputy Director of Public Works Candace Horsley, City Manager 1. Resolution for Adoption 2. Location Map APPROVED~,,.,..~/% RJS: AGnpMTAbusZone4~lainSt. sCuMa nd ace Ho rs ley, C ity M ~3.~ g e r RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH REMOVING ON-STREET PARKING AND ESTABLISHING BUS LOADING ZONES AT 340 AND 345 NORTH MAIN STREET I_L III II i WHEREAS, the City Council may by resolution designate portions of streets upon which the standing, parking, or stopping of vehicles is prohibited or restricted pursuant to Article 11, Chapter 1, Division 8 of the Ukiah City Code; and WHEREAS, the provisions of Sections 21458 and 22500 of the California Vehicle Code permit the stopping of buses in a red zone marked or posted as a bus loading zone; and WHEREAS, the Traffic Engineering Committee (Traffic Engineer) considered the request on July 20, 2004 from the Mendocino Transit Authority to establish the bus loading zones within the City of Ukiah; and WHEREAS, the Traffic Engineer recommends this request regarding the bus loading zones. NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of Ukiah does establish bus loading zones at 340 and 345 North Main Street at locations as determined by the City Engineer. PASSED AND ADOPTED this 4th day of August, 2004 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Eric Larson, Mayor Marie Ulvila, City Clerk Resolution No. 2005- Page 1 of 1 North Main Street Proposed MTA Bus Stops Atlc~hn~nt # ~ 1 inch equals 100 feet Photo Date: March 2001 ITEM NO. 6g DATE: Auqust 4, 2004 AGENDA SUMMARY REPORT SUBJECT: REPORT TO CITY COUNCIL REGARDING THE PURCHASE OF PRINTING SERVICES FOR THE 2004 SUMMER RECREATION GUIDE FROM WESCO GRAPHICS IN THE AMOUNT OF 5,170.72 Pursuant to the requirements of Section 1522 of the Municipal Code, Staff is filing with the City Council this report regarding the purchase of printing services for the 2004 Summer Recreation Guide from Wesco Graphics in the amount of $5,170.72. Requests For Quotation (RFQ) sheets were sent to all qualified bidders who specialize in the production of booklet printing and mail sorting. Bids were returned by Fricke-Parks Press, Humboldt Printing and Wesco Graphics. Wesco Graphics was the overall Iow bidder. The final cost includes an additional four pages that were not included in the original bid. This item is budgeted in the 100.6120.690.001 account. The following table is the complete summary of bids. Bid Summary Table 32 pages 40 pages Fricke-Park Press Inc. $5392.00 $5787.00 Humboldt Printing $4757.19 $5380.33 Wesco Graphics $4274.45 $4635.57 RECOMMENDED ACTION: Receive report regarding purchase of printing services for the 2004 Summer Recreation Guide from Wesco Graphics in the amount of $5,170.72. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Citizen Advised' Requested by: Prepared by: Coordinated with: Attachments: N/A City Council Sage Sangiacomo, Community Services Supervisor and Gina Greco, Activities/Sports Assistant Candace Horsley, City Manager, Larry W. DeKnoblough, Community Services Director and Mary Horger, Purchasing Supervisor None APPROVED:i .... z:':(~'~,_ :~' ,,--~ ~----. cand&ce Horsley, City I~anager AGENDA SUMMARY ITEM NO. 8b DATE: Au.qust 4, 2004 REPORT SUBJECT: AWARD OF BID TO WESTERN WATER CONSTRUCTORS, INC. FOR THE CONSTRUCTION OF WATER STORAGE TANKS IN THE AMOUNT OF $4,498,620 AND AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT In July 2001, the California Department of Health Services (DHS) conducted an inspection of the City of Ukiah domestic water system and determined the water system was deficient in storage capacity. On June 25, 2004, a Request For Bids was issued for the construction of two 1.5 million gallon capacity prestressed concrete reservoirs and one steel 300,000 gallon capacity reservoir to correct this deficiency as required by the DHS. Two project alternatives were bid. Reservoir Alternative No. 1 specified a factory coated, bolted steel tank and Reservoir Alternative No. 2 specified a painted, welded steel tank. 44 sets of plans and specifications were distributed to plan rooms, General Contractors, and subcontractors. On July 22, 2004, at 2:00 p.m., the City received bids from two General Contractors. Attached to this report is a copy of the bid tabulation with all verifications noted for the two bids that were opened. The lowest bid received was from Western Water Constructors, Inc. The base bid for the Reservoir Alternative No. 1 was in the amount of $4,498,620. The bid from Granite Construction Company was in the amount of $4,690,600. The design engineering company's (SPH Associates) total cost estimate for these tanks was $5,475,000. The project construction manager, Owen Engineering (OEMC) reviewed the bids and found no inconsistencies. He contacted the California State Contractors License Board and found the licenses for both bidders to be in good standing. Based on the bid and evaluation and recommendation by Owen Engineering, Staff recommends award of the contract to Western Water Constructors, Inc for the bid amount. RECOMMENDED ACTION- Award bid to Western Water Constructors, Inc. for the construction of two 1.5 million gallon capacity prestressed concrete reservoirs and one bolted steel 300,000 gallon capacity reservoir in the amount of $4,498,620 and authorize City Manager to execute agreement. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine award of bid requires further consideration and remand to staff with direction. 2. Determine award of bid is inappropriate at this time and move to reject all bids and provide direction to Staff. Citizen Advised: N/A Requested by: Prepared by: Coordinated with' Attachments: Bernie Ziemianek, Director of Public Utilities Ann Burck, Project Engineer/Manager Candace Horsley, City Manager 1. Letter from OEMC, "Recommendation for Award" 2, Bid Tabulation sheet 3. Plan Holders List Candace Horsley, C~anager 3377 Coach Lane, Suite K Cameron Park, CA 95682 Phone 530.677.5286 Fax 530.677.5606 OWEN ENGINEERING & Management Consultants, Inc. July 27, 2004 Ms. Ann Burck City of Ukiah Department of Public Utilities 300 Seminary Avenue Ukiah, CA 95482 Re: City of Ukiah Water System Improvement OEMC Project No. 04-275 Recommendation for Award DearAnn: On June 25, 2004, the Water System Improvement project was put out to bid. Forty-four (44) sets of plans and specifications were distributed to plan rooms, General Contractors, and Subcontractors. On July 22, 2004, at 2:00 p.m., the City received bids from two (2) General Contractors. Enclosed is a copy of the bid tabulation with all verifications noted for the two (2) bids that were opened. The lowest bid received was from Western Water Constructors, Inc. The base bid for the Reservoir Alternative No. 1 was for the amount of $4,498,620. This bid, which was $191,980 below the next bid, was within the estimated range of cost as presented by the Design Engineer. We have reviewed the bids and found no inconsistencies. We contacted the California State Contractors License Board and found the licenses for both bidders to be in good standing. Based on the bid and our evaluation, we recommend that the Board award the contract to Western Water Constructors, Inc. for the bid amount. Timing is critical in order to meet the milestone schedule. If the Contract is awarded August 4, 2004, the Contractor plans to begin construction shortly thereafter to meet the particularly tight timetable. If you have any questions, please contact me directly. Very truly yours, Webster J. Owen, J?4'., P.E. Construction Ma,~er ebb Enclosures cc: Brent Wilcox, OEMC Specializing in Water, Recycled Water & Wastewater Treatment Systems Plant Management- Construction Management. 0 & M Services · Process Design o of.q, PLANHOLDER'S LIST - CONTRACTORS CITY OF UKIAH WATER SYSTEM IMPROVEMENT OEMC PROJECT NO. 04-275 July 27, 2004 Page 1 NAME FIRM NAME TELEPHONE Trish Gallagher Nancy Felden David Gourley Walt Johnson Laura Barber Fred Dohle Jeanne Smith Clay W. Green Renee Bailey Monica Verboomen Western Water Constructors 3345 Industrial Drive, Suite 10(F) Santa Rosa, CA 95403 Pacific Mechanical Corporation 2501 Annalisa Drive Concord, CA 94520 DYK Prestressed Tanks, Inc. 351 Cypress Lane El Cajon, CA 92022-0696 K.G. Walters Construction Co., Inc. 195 Concourse Blvd., Suite B Santa Rosa, CA 95403-8217 Granite Construction Company 1324 S. State Street Ukiah, CA, 95482 Mercer, Fraser Company P.O. Box 1006 Eureka, CA 95502-1006 California Pipe Fabricators 7277 Chevron Way Dixon, CA 95620-9772 CATS4U 8755 Highway 128 Healdsburg, CA 95448 Tesco Controls, Inc. 3434 52nd Avenue P.O. Box 239012 Sacramento, CA 95823-9012 F.D. Thomas, Inc. 217 Bateman Drive Central Point, OR 97502 (707) 570-3920 (707) 570-3930 (925) 827-4940 (F) (925) 827-0519 (619) 440-8181 (F) (619) 440-8653 (707) 527-9968 (F) (707) 527-0244 (707) 467-4100 (F) (707) 467-4143 (707) 443-6371 (F) (707) 443-0277 (707) 678-3069 (F) (707) 678-6513 (707) 433-8304 (F) (707) 433-9104 (916) 395-8800 (F) (916) 429-2817 (541) 664-3010 1-800-554-3010 (F) (541) 664-1105 Sacramento- Denver, Columbus OWEN ENGINEERING & Management Consultants, Inc. PLANHOLDER'S LIST CITY OF UKIAH WATER SYSTEM IMPROVEMENT OEMC PROJECT NO. 04-275 July 27, 2004 Page 2 NAME FIRM NAME TELEPHONE Dave Stanford Mark Jorgenson Bob Rutledge Bonni Cantwell Brian Hartlin Scott Stephens Sandro Levine Mitch Scott Ric Cameron Argonaut Constructors 1236 Central Avenue P.O. Box 639 Santa Rosa, CA 95402 Pacific Infrastructure 2134 Rheem Dr., Suite C Pleasanton, CA 94588 Aqua Store/Wesco 20100 S. Western Avenue Torrance, CA 90501 Redwood Painting Company, Inc. 620 West 10th Street P.O. Box 1269 Pittsburg, CA 94565 Harris Salinas Rebar, Inc. 355 So. Vasco Road Livermore, CA 94550 Miller Pacific Engineering Group 165 North Redwood Drive, Suite 120 San Rafael, CA 94903 Groeniger & Company 4130 South Moorland Avenue Santa Rosa, CA 95407 CB&I Constructors, Inc. P.O. Box 12210 San Luis Obispo, CA 93406 4388 Sante Fe Road San Luis Obispo, CA 93401 Fast Fabricators, Inc. 3387 Plumas-Arboga Road Marysville, CA 95901 (707) 542-4862 (F) (707) 542-4897 (925) 249-0011 (F) (925) 249-0009 (310) 972-3655 (F) (310) 533-2355 (925) 432-4500 (F) (925) 432-6129 (925) 373-0733 (F) (925) 373-0136 (415) 491-1338 (F) (415) 491-1831 (707) 586-3333 1-800-675-PIPE (F) (707) 584-8289 (805) 503-6162 (F) (805) 546-8105 (530) 742-5171 (F) (530) 742-8483 PLANHOLDER'S LIST CITY OF UKIAH WATER SYSTEM IMPROVEMENT OEMC PROJECT NO. 04-275 July 27, 2004 Page 3 NAME FIRM NAME TELEPHONE Jay Forni Ciela Tejano Jifco Fabricated Piping P.O. Box 589 Livermore, CA 94551-0589 571 Exchange Court Livermore, CA 94550-0220 Bay Area Reinforcing 1060 Kaiser Rd Napa, CA 94558 (925) 449-4665 (F) (925) 449-5517 (707) 251-2333 (F) (707) 251-2339 PLANHOLDER'S LIST - PLAN ROOMS CITY OF UKIAH WATER SYSTEM IMPROVEMENT OEMC PROJECT NO. 04-275 July 27, 2004 Page 1 NAME FIRM NAME TELEPHONE Plan Room (Tristin) Plan Room (Dee Fisher) Plan Room (Michael Wiederhold) Plan Room (Klm Fuentes) Plan Room (Deanna Johnson) Plan Room Plan Room Plan Room Plan Room Plan Room Sacramento Builders Exchange, Inc 1331 T Street Sacramento, CA 95814 also Sacramento Builders Exchange, Inc. 1 Sierragates, Suite 290C Roseville, CA 95678 Construction Data 1791 Tribute Road, Suite D Sacramento, CA 95815 Builders Exchange of Stockton 7500 West Lane Stockton, CA 95210 San Francisco Builders Exchange 850 So. Van Ness Avenue San Francisco, CA 94110 Builders Exchange of Alameda County 3055 Alvarado Street San Leandro, CA 94577 Valley Contractors Exchange 832 Richland Road, Suite C Yuba City, CA 95991 Contra Costa Builders Exchange 1900 Bates Avenue, Suites E & F Concord, CA 94520 McGraw Hill/Dodge 130 Doolittle Drive, Suite 1 San Leandro, CA 94577 Construction Market Data, Inc. 1540 River Park Drive, Suite 117 Sacramento, CA 95815 (916) 442-8991 (F) (916) 446-3117 (916) 782-4762 (F) (916) 782-4792 (916) 920-2240 (F) (916) 920-9368 (209) 478-1005 (F) (209) 478-2132 (415) 282-8220 (F) (415) 821-0363 (510) 483-8880 (F) (510) 352-1509 (530) 674-2030 (F) (530) 671-4432 (925) 685-8630 (F) (925) 685-3424 (510) 636-1812 (F) (510) 636-1858 (916) 568-2747 (F) (916) 568-2749 Sacramento- Denver· Columbus OWEN ENGINEERING & Management Consultants, Inc. PLANHOLDER'S LIST CITY OF UKIAH WATER SYSTEM IMPROVEMENT OEMC PROJECT NO. 04-275 July 27, 2004 Page 2 NAME FIRM NAME TELEPHONE Plan Room Shasta Builders Exchange 2990 Innsbruck Drive Redding, CA 96003 (530) 221-5556 (F) (530) 221-2140 Plan Room The North Coast Builders Exchange 216 W. Perkins Street Ukiah, CA 95482 (707) 462-9019 AGENDA SUMMARY REPORT ITEM NO: 9a DATE: August 4, 2004 SUBJECT: AWARD OF CONSULTING CONTRACT TO WILLDAN IN THE AMOUNT OF $73,910 FOR THE PERFORMANCE OF A VALUE ENGINEERING REVIEW OF THE PROPOSED WASTE WATER TREATMENT PLANT EXPANSION AND REHABILITATION PROJECT AND APPROVAL OF BUDGET AMENDMENT In response to both the City Council and Sanitation District Board's direction to have a Value Engineering (VE) review of the proposed Waste Water Treatment Plant Expansion and Rehabilitation Project completed, a Request for Proposals (RFP) was initiated by staff and submitted to five engineering firms. Willdan was the only company to submit a proposal by the RFP close date of July 19, 2004. Letters declining to submit proposals were received from CH2MHILL and Black & Veatch. No responses were received from KJM & Associates or URS. The Willdan proposal is responsive to the requirements of the RFP and they propose to perform the VE review the week of August 9th with a draft report being issued on August 20th. This aggressive schedule meets our needs. The Willdan proposal is for $73,910. Staff recommends a Consultant Service Contract for the VE review be awarded to Willdan. Staff made a similar presentation to the Sanitation District Board on Wednesday July 28, 2004 and was given a conditional acceptance based on final approval by the City Council. Costs for this review were previously agreed to by the Council and Board to be split 50/50 and added to the overall project costs. Also as discussed previously with the Council and Board, additional costs for Brown & Caldwell personnel to attend various VE sessions is not included in the award. Those costs were agreed to be added to the overall project costs and will be minimal (approx $6,000-$10,000). These expenses were budgeted and thus a budget amendment increasing project costs by $84,000 is necessary. RECOMMENDED ACTION: 1. Award Consulting Contract To Willdan In The Amount Of $73,910 For The Performance Of A Value Engineering Review Of The Proposed Waste Water Treatment Plant Expansion And Rehabilitation Project 2. Approve amendment to the 2004-2005 budget authorizing expenditure of $84,000 in account 611.7410.800.003 for Value Engineering Review. ALTERNATIVE COUNCIL POLICY OPTIONS: Do not award contract and provide staff with direction. Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: Approved: N/A Bernie Ziemianek, Public Utilities Director Bernie Ziemianek, Public Utilities Director Candace Horsley, City Manager 1. Proposal from Willdan 2. Budget Amendment Worksheet Candace Horsley, City M~ager Attachmm'~ # ___ ~ II Proposal to provide Value Engineering Services for Waste Water Treatnlent Plant Expansion CITY OF UKIAH JULY 16, 2004 WILLDAN Serving Public Agencies 3861 Royal Manor Place · Santa Rosa, CA 95404 · 707-544-4064 · 707-544-4074 Fax · www.willdan.com July 16, 2004 TRANSMITTAL LETTER WILLDAN Serving Public ,Agencies Bernie Ziemianek, Public Utility Director City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Dear Mr. Ziemianek: Willdan, among the largest full-service civil engineering and planning firms in the western United States, is teaming with RH & Associates (RHA), a unique consulting firm specializing in Value Engineering and Partnering over the past 12 years. We have additionally joined with strategic partner Oscar Larson & Associates, a full service Consulting firm serving Northern California since 1945, to include their vast experience with wastewater treatment facilities. This Team offers a truly versatile and experienced study team capable of successfully undertaking this assignment within the required timeframe. We understand the City's need for a fully traceable and rigorous approach, which yields a logical, balanced, and defensible strategy for the project. Our value-added approach to this assignment will achieve these basic objectives for the following reasons: · Our Project Manager, Renee Hoekstra, CVS, is a Certified Value Specialist with experience in the water and waste water disciplines. Overall, she has successfully facilitated and/or led over 650 similar planning, design, and construction teams. She is also thoroughly familiar with the VE process and is certified to teach the 40-hour VE certification course through SAVE International · Willdan has augmented our experienced VE facilitation with recognized specialists in wastewater, mechanical, electrical, civil/structural, cost estimating, construction management, and wastewater process/operation disciplines. · We understand the need to aggressively deliver the recommended strategies to ensure the design team can maintain its schedule · We recognize the need to conduct the VE review in sufficient detail to provide recommendations as to the necessity, practicality, and cost effectiveness of the project · The quality of our services will be monitored by a Certified Value Specialist · The VE Team confirms we are using a completely independent team of experts · We are able to commit senior staff to the project and ensure they will be available to successfully complete the project in a timely manner We welcome your review and are available to discuss further in depth how we may assist the City with meeting its goals. I am accessible via telephone in the Sacramento Regional Office at 916-924-7000; Max may be reached in Santa Rosa at 707-544-4064. We look forward to providing you with the same exceptional "extension of staff" service valued by our clients. Sincerely, Robert Blaser, P.E. Senior Vice President/Regional Manager Max Bridges, P.E. North Coast Area Manager 3861 Royal Manor Place · Santa Rosa, CA 95404 · 707-544-4064 · 707-544-4074 Fax · www.willdan.com PROJECT APPROACH Introduction The City of Ukiah is currently in the process of designing the WWTP Capacity Plant Expansion, Upgrade and Rehabilitation Project. Waste from both the City and the Ukiah Sanitation District will be treated in this facility and both agencies are providing their respective cost shares for this project. Thus, both are significant stakeholders in this project. The City is requesting a Value Engineering (VE) Study be conducted by an independent VE team of experts in the waste water industry. The team is to evaluate the current 50% design plans completed by Brown and Caldwell. The success of the Value Engineering Study is predicated on effective team management and a definitive Job Plan to ensure the City realizes the maximum benefit from the specialists assembled for the study. We understand our role will be to organize and facilitate the Workshop, provide consultant expertise with appropriate specialists, and map out an implementation strategy for the Design Team to consider when moving the project foreword. Our approach to the VE assignment will require a flexible and customized approach in terms of organizational requirements, team composition, and understanding project sensitivities and expectations. Project Approach The Value Engineering study will be undertaken using the six-step SAVE International Value Methodology (October, 1998)job plan. At the commencement of the study, we shall confirm our Job Plan, illustrating the major activities of the project. We have developed a preliminary Study Agenda for a five-day VE workshop (included in this proposal) and shall use this agenda during the Initiation Meeting as a starting point for finalizing the VE study Job Plan with the City of Ukiah. Maximizing the Effectiveness of Our Resources Our team is fully prepared to lead the VE effort including all of the details required to ensure the VE workshop is well organized. We shall draw upon our strong organizational and communication skills to fully communicate the expectations of the workshop to the invited participants: this includes making all meeting arrangements, providing all materials, conducting the workshop and providing a draft and final report. VE Job Plan The VE team respectfully offers our VE Job Plan to successfully deliver the recommended strategies to the City and the Design Team. The diversity of the project elements will require our team and our approach to be creative in its conception. We believe our approach will allow the team to gain the most benefit. Our approach to the program will include formal presentations by the City and the Design Team. Our work program is structured into three basic phases following the initial project activities: WILLDAN - Serving Public Agencies PROJECT APPROACH · Pre-Workshop Phase · Workshop Phase · Post-Workshop Phase The schedule is based upon an anticipated workshop date to occur during the first two weeks of August; this should allow the team adequate time to finalize the contract, meeting arrangements, and notify all project team members. Pre-Workshop Stage The Pre-Workshop stage will involve completion of the preparatory activities such as data collection and developing appropriate models. The anticipated data models are identified in the Investigation Phase of the Workshop section. We shall confirm the team members and finalize the workshop venue arrangements (assumed to be in the Sacramento area) upon notification of award by the City. Anticipated Information Requirements Information required from the City and the Design Team for this study during the Pre- Workshop phase is anticipated to include: · Plans, base drawings, process, and systems · Background reports, including any necessary environmental/permit data · Capacity data · Cost data (revenue projections, capital, maintenance) Site Visit We shall familiarize our team members with the project to ensure the VE Team is provided with the appropriate background information. This will include a one-day visit with the City and operations staff to review the existing site conditions and understand the overall project. We shall also photograph the site, as needed. Reference Workbooks Our team will review and select background information and assemble/prepare reference workbook binders for distribution to the workshop participants; we have found this to be an effective method to bring the VE Team members current on the project in a short amount of time. Workshop Stage The workshop stage will follow the classic VE methodology (Information, Function Analysis, Creativity, Evaluation, Development, and Presentation) in a sequenced approach. We propose the workshop be held in Sacramento at the offices of Willdan to help to keep the facility costs to a minimum. Information Phase The workshop will commence with a brief introduction to the basics of Value Engineering to ensure all workshop participants have a rudimentary understanding of the methods and sequence of the various phases. Several perspectives will be presented to the WILLDAN - Serving Public Agencies 2 PROJECT APPROACH VE Team to enhance their understanding of the project under study. At this time, we anticipate the presentations would include: · Owner Perspective (City and Sanitation District) · Design Team Perspective · Others as needed Special emphasis will be placed on developing appropriate data models. Where possible, we may develop these models (or drafts) in advance of the workshop so that the specialists' time during the workshop is effectively utilized. In general, we anticipate developing several of the following data models (depending on the type of process considered): · Cost model/LCC model · Worth model We shall then complete a brainstorming exercise using interactive team building approaches to reach consensus on the project sensitivities and expectations. This session will include the City, Sanitation District, and the Design Team. This information will be used as a tool during the generation of ideas in the Creativity Phase. Function Analysis Phase The Function Analysis activity uses several recognized VE techniques to identify study targets. This project will use FAST (Function Analysis System Technique) diagramming. The FAST diagram, documenting the study Team's understanding of the required and desired functions, will be used as one tool to identify potential study targets. Creativity Phase All attendees will fully participate in the interactive Creativity session to generate ideas related to the identified targets. Brainstorming techniques and additive/subtractive strategies will generally be used during this session. We shall screen the ideas by consensus using our Value Index system. Where desirable, we shall use paired- comparison and/or weighted-additive evaluation methods to select a short list of ideas to be used within the study timeframe. Ideas will be referenced for easy identification. We use the selected target functions or the key target areas/elements of the project such as operations, systems, mechanical, electrical, construction methods, and material selection as the basis for this categorization. The Team will also consider operational and maintenance issues. Evaluation Phase Development of the shortlisted ideas will follow the Creativity Phase. Every effort will be made to match workshop attendees with topics of interest (people will generally be more enthusiastic with this approach) to ensure "topic champions" emerge. Performance measures will be developed for the baseline and subsequent concepts to compare the differences in overall effectiveness. Performance indices will be used in the analysis to document the advantage and/or disadvantage of each performance attribute. WILLDAN - Serving Public Agencies PROJECT APPROACH Development Phase Each VE proposal will include: · Brief discussion of the existing concept · Brief discussion of the proposed alternative · Advantages · Disadvantages · Discussion · Summary · Sketches (original, proposed) if appropriate · Calculations, if appropriate · Cost worksheets (capital, maintenance, LCC), if appropriate A key component of the Development Phase is the preparation of a compelling argument supporting the implementation of each VE proposal. This is a critical step in the VE process and its importance in the success of the VE study, and ultimately a measure of the VE program itself that should not be understated. Our experience, gained through many challenging VE studies, is most successful VE proposals are focused on performance improvement rather than the traditional (and often mandated) focus on cost avoidance. Presentation Phase The final phase of the workshop focuses on the presentation of the developed ideas by each Team "champion." The first list of ideas will be culled from the proposals developed, governed by consensus. The Team will aggressively seek only the best ideas: the most defensible, provide the best benefits, and consistently confirm the direction needed for the recommended changes. Post-Workshop Phase We shall prepare and finalize the VE Report documenting the findings of the Study, incorporating any comments received from Senior Management during the presentation. The City will be responsible for making the decisions to implement any of the ideas presented. This interaction and the rationale for implementing/abandoning developed ideas will be documented in the report. The Value Engineering Team Leader, Renee Hoekstra, CVS, will be responsible for the VE report during the post-workshop phase. However, other team members may also assist by providing their expertise in the preparation of additional analysis, and/or selected report writing, as necessary. Workshop Technology The VE Workshop will utilize professional presentation equipment/software including a notebook computer, digital projector, and PowerPoint and Excel software. Printers will be set up in the workshop room to allow for quick documentation of ideas. In addition, a digital camera and portable scanner will be available during the Workshop to capture the essence of developed ideas for use during the Presentation Phase. lU WILLDAN - Serving Public Agencies PROJECT APPROACH Our VE forms are digital and will be updated during and/or after the completion of each daily session to capture the essence of the progress. If large prints are required during the VE Workshop, Willdan will be able to provide these at our offices. Deliverables Our Team has a strong track record of providing high quality value engineering consulting services and the projects listed in the team members' resumes are representative of our team members' project successes. We have a proven ability to deliver large, complex projects at or under budget and on schedule. VE Report The VE Study Report will be a high-quality, multi-color document. The conclusions will be presented in a clear and concise manner. Appendices will be developed from the standardized VE forms utilized in the study. We shall use color and appropriate graphics to augment and support our findings. The document may include drawings to illustrate ideas and findings if this enhances the clarity of the report and recommendations. The VE Report will also include a discussion of the potential re-work impacts (schedule and redesign), associated with the recommended strategies. The number of copies of the draft and final reports will be finalized with the City. Final reports will have tabs keyed to the Table of Contents for easy reference. Presentation Materials Draft presentation materials, agendas, and minutes for meetings will be provided to the City with copies included in the VE Report. Improving the Value of Deliverables To improve circulation times and to provide a more responsive product, for the past two years members of the RHA team have been providing high quality, PDF formatted e- reports to the client. The reports are electronically tabbed for easy navigation and allow the user to zoom in/out on selected graphics as desired. To assist the City and other team members with the review process, and reduce printing and shipping costs, with the City's approval our team proposes to provide preliminary reports in MS Word and final documents in PDF. Quality Control The results of the value engineering study will most likely influence the outcome of the project. In recognition of the importance and influence of the VE outcome, the Willdan Team has identified several principles to reduce sensitivity, while ensuring quality-based defensible recommendations. These principles include: ' In any evaluation, choices must be principally based on quantified criteria that is readily apparent to all · The Team will at all times respect the project schedule and budget when recommending revisions that may influence the status of the project WILLDAN - Serving Public Agencies PROJECT APPROACH · Our internal QC process will ensure quality services and deliverables are consistently provided for the duration of the project Summary We appreciate the opportunity to submit this proposal and can assure you our team has the capability, capacity, and interest to carry out this assignment to the City's complete satisfaction within the required timeframe. WILLDAN - Serving Public Agencies FEE AND SCHEDULE Project Fees The fees associated with this VE effort include: Pre-Workshop Phase $14,390 Workshop Phase 48,025 Post Workshop Phase 11,495 TOTAL $73,910 These costs include all materials, man hours, and travel costs for all of the VE team members that includes the following professions: · Wastewater Engineer · Mechanical Engineer · Electrical Engineer · Civil/Structural Engineer · Cost Estimator · Construction Manager · Process/Operations Engineer We recommend this contract be a lump-sum contract. Schedule Proposal Due July 16, 2004 Initiation Meeting Week of July 26th Workshop Week of August 9th Draft Report August 20, 2004 Final Report One week after comments received from the City The actual schedule will be developed in conjunction with City staff upon notification of acceptance of this proposal. WILLDAN - Serving Public Agencies FEE AND SCHEDULE Proposed Workshop Agenda Day One · Introductions · VE Team Orientation · Review the VE Process · Project Presentations - City of Ukiah and Sanitation District - Designer o Overview o Basis of Design o Rationale for Design Choices o Description of Project Elements · Project Goals/Objectives/Purpose · Key Project Issues for VE Team · Constraints on VE Team Recommendations · Cost Estimate/Model Review · Develop VE Team Goals · Project Analysis/Function Analysis Phase Day Two · Finalize Function Analysis Phase · Creative Idea Generation · Evaluation of Ideas Day Three · Finalize Evaluation Phase · VE Recommendation Development/Proposals Day Four · VE Recommendation Development/Proposals Day Five · VE Recommendation Development/Proposals · Prepare for VE Presentation · VE Team Presentation of VE Recommendations WILLDAN - Serving Public Agencies ~. Z u.. LLI 0 ffi ~- (30 0 0 0 0 o I 1 ,- I on,'~ _,,, ~, g l I, LI U.I LU UJ > LU AGENDA ITEM NO: 9~ MEETING DATE: Auqust 4. 2004 SUMMARY REPORT SUB3ECT: SELECTION OF LEAGUE OF CALIFORNIA CITIES VOTING DELEGATES In preparation for the upcoming League of California Cities General Session, the City Council is required to select two voting delegates. Staff recommends that two Councilmembers fill these positions. RECOMf4ENDED ACTION: Select two voting delegates from the City Council to attend the upcoming General Session of the League of California Cities. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Shannon Riley, Executive Assistant Candace Horsley, City Manager None Approved' Candace Horsley, City'~ager 4:CAN/ASR.LeagueDelegates.080404