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HomeMy WebLinkAbout1996-05-01 PacketAil Present Res. No. 96-58 Ord. No. 963 Res. No. 96-59 Res. No. 96-60 CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 May 1, 1996 6:30 p.m. le RoU Call Invocation/Pledge of Allegiance RIGHT TO APPEAl. DECISION Persons who are dissatisfied with a decision of the City Council may have the fight 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 (90) days the time within which the decision of the City Boards and Agencies may be judicially challenged. _CONSENT CALENDAR The foUowing items listed are considered routine and will be enacted by a single motion and roU call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmcmbcr 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. Adoption of Resolution Making CEQA Findings and Adoption of Ordinance Amending the Airport Industrial Park (AIP) Planned Development (PD) Award Contract to Reuser, Inc. for Wood and Yardwaste Removal at Ukiah Solid Waste Disposal Site for Fiscal Year 1996/97 Adoption of Resolution Confirming Appointment of John McCowen to Planning Commission Adoption of Resolution Authorizing City Manager to Sign Access License Gran~g Access to Facilities at Lake Mendocino Power Plant Deny Claims for Damages Received fi.om Rebecca Garzini and Jess and Betty Freeman, and Refer to City Insurance Carrier, REMIF Proclamation Honoring Charles G. Myers on His Retirement Receive Report Regarding the Purchase of a Wall Mounted Total Residual Cklo~e Analyzer AUDIENCE COMMI~.NTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you arc intc~ in,* you may address the Council when this mailer 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 Commeat~ in which the subject is not listed on the agenda. Res. No. 96-62 . PUBLIC HEARING - 7:00 p.m. a. Adoption of Resolution Adjusting Room Rates Charged by the Ukiah Valley Conference Center Discussed/Filed Pulled by Applicant . PETITIONS AND COMMUNICATIONS a. Receipt and Discussion of March 9, 1996 Memorandum from Richmond Sanitary Service b. Receipt of Request to Film at the Civic Center and Authorization of City Manager to Negotiate Location Contract Referred back to staff Approved with minor chan§es UNFINISHED BUSINESS a. Adoption of Resolution Approving Joint Powers Agreement for the Establishment of the Mcndocino County Inland Water and Power Commission b. Approve Agreement for the Acquisition of Easement and Compensation for Severance Damages at 825 North State Street from Mr. and Mrs. Shoemaker by Reason of the State Street/Low Gap Road/Brush Street Improvement Project 9. .NEW BUSINESS Res. No. 96-61 IL Adoption of Resolution of Intent to Enter Continued Lease with California Department of Forestry Avproved b. Approval of Budget Amendment for Health Insurance Premiums and Authorization to Pay Redwood Empire Municipal Insurance Fund c. Discussion of Commllnity Attitudes Survey and 1996-97 Application Process for Grant Funding to Non-Profit Agencies d. Discussion of City Clerk Position City Clerk gave intent to resign Delete C.A.S. and delay appl. for non-profits until after budget process final 10. 11. 12. CITY COUNCIL/REPORTS CITY MANAGER/DEPARTMENT HEAD REPORTS CLOSED SESSION a. As per Government Code Section 54956.8 - Conference with Real Property Negotiator Regarding 825 North State Street Property, for Right of Way Acquisition from R. Shoemaker Parcel b. As per Government Code Section 54957 - Public Employee Discipline/Dismissal/Release 13. ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. MEMORANDUM DATE' TO: FROM' SUBJECT: April 26, 1996 Agenda Recipients Michael Hards, Assistant City Manager Minutes of the April 17, 1996 Special Meeting and April 17, 1996 Regular Meeting  )ue to the City Clerk's absence, the subject minutes have not been completed. They will e considered at the next Regular Council Meeting of May 15, 1996. MH:ky 4:CC:M . , CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CMC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 May 1, 1996 6:30 p.m. Roll Call Invocation/Pledge of Allegiance RIGHT TO APPEAl. DECISION Persons who are dissatisfied with a de~cision of the City Council may have the fight 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 (90) days the time within which the decision of the City Boards and Agencies may be judicially challenged. CONSENT CALENDAR The foUowing 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 Adminisu~ve Staff and/or Planning Commission recommendations. a. Adoption of Resolution Making CEQA Findings and Adoption of Ordinance Amending the Airport Industrial Park (ALP) Planned Development (PD) b. Award Contract to Reuser, Inc. for Wood and Yardwaste Removal at Ukiah Solid Waste Disposal Site for Fiscal Year 1996/97 c. Adoption of Resolution Confirming Appointment of John McCowen to Planning Commission d. Adoption of Resolution Authorizing City Manager to Sign Access License Oranting Access to Facilities at Lake Mendocino Power Plant e. Deny Claims for Damages Received from Rebecca Garzini and Jess and Betty Freeman, and Refer to City Insurance Carrier, REMIF f. Proclamation Honoring Charles G. Myers on His Retirement g. Receive Report Regarding the Purchase of a Wall Mounted Total Residual Chlorine Analyzer AUDIF~NCE COMMENTS ON NON-AGENDA ITEM? The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are intere, sted in,' you may address the Council when this mauer is considered. If you wish to speak on a mauer 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. . PUBLIC HEARING. 7:00 p.m_: a. Adoption of Resolution Adjusting Room Rates Charged by the Ukiah Valley Conference Center e PETITIONS AND COMMUNICATIONS a. Receipt and Discussion of March 9, 1996 Memorandum from Richmond Sanitary Service b. Receipt of Request to Film at the Civic Center and Authorization of City Manager to Negotiate Location Contract ge UNFINISHED BUSINESS a. Adoption of Resolution Approving Joint Powers Agreement for the Establishment of thc Mcndocino County Inland Water and Power Commission b. Approve Agreement for the Acquisition of Easement and Compensation for Severance Damages at 825 North State Street from Mr. and Mrs. Shoemaker by Reason of thc State Street/Low Gap Road/Brush Street Improvement Project e .NEW BUSINESS a. Adoption of Resolution of Intent to Enter Continued Lease with California Department of Forestry b. Approval of Budget Amendment for Health Insurance Premiums and Authorization to Pay Redwood Empire Municipal Insurance Fund c. Discussion of Community Attitudes Survey and 1996-97 Application Process for Grant Funding to Non-Profit Agencies Discussion of City Clerk Position d. 10. 11. 12. CITY COUNCIL/REPORTS CITY MANAGER/DEPARTMENT HEAD REPORTS CLOSED SESSION a. As per Government Code Section 54956.8 - Conference with Real Property Negotiator Regarding 825 North State Street Property, for Right of Way Acquisition from R. Shoemaker Parcel b. As per Government Code Section 54957 - Public Employee Discipline/Dismissal/Release 13. ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. AGENDA SUMMARY ITEM NO. 4~ DATE: May 1, 1996 REPORT SUBJECT: ADOPTION OF RESOLUTION MAKING CEQA FINDINGS AND ADOPTION OF ORDINANCE AMENDING THE AIRPORT INDUSTRIAL PARK PLANNED DEVELOPMENT SUMMARY: On April 17, 1996, the City Council unanimously voted to introduce an ordinance amending the Airport Industrial Park (ALP) Planned Development. In taking this action, the Council specifically deleted the text describing the Circulation Plan for the AlP, as well as the Circulation Map illustrating the AlP street system. The introduced ordinance is attached and ready for adoption. The resolution making California Environmental Quality Act (CEQA) findings is a necessary procedural step associated with the adoption of the ordinance. The Council also directed staff to revise the Circulation Plan text portion of the ordinance to specifically "preserve" the conceptual option of providing a southern access route from the AlP sometime in the future. This task is being accomplished and has been scheduled for Planning Commission review on May 8, 1996. The language, along with the Planning Commission's recommendation, will be brought back to the City Council for introduction in the form of another amendment to the AlP Planned Development ordinance. RECOMMENDED ACTION: 1) Adopt Resolution making CEQA findings in connection with the adoption of the Ordinance; and 2) Adopt the ordinance revising the Planned Development for the Airport Industrial Park. ALTERNATIVE COUNCIL POLICY OPTIONS: Do not adopt the ordinance and provide direction to staff. Appropriation Requested: N/A Citizen Advised: None Requested by: Planning Department Prepared by: Charley Stump, Senior Planner~/',~~ Coordinated with: Candace Horsley, City Manager; and Bob Sawyer, Planning Director Attachments: 1. Resolution making CEQA findings 2. Ordinance amending the Airport Industrial Park Planned Development APPROVED:L~____~ candace Hor~ley,/City Manager RESOLUTION NO. 96- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH MAKING FINDINGS PURSUANT TO PUBLIC RESOURCES CODE SECTION 21081 AND CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") GUIDELINES SECTION 15091 RELYING ON THE PREVIOUSLY CERTIFIED SUBSEQUENT ENVIRONMENTAL IMPACT REPORT PREPARED FOR BUILDOUT OF THE AIRPORT INDUSTRIAL PARK (ALP) IN CONJUNCTION WITH AMENDMENTS TO THE AlP PLANNED DEVELOPMENT ORDINANCE WHEREAS: 1. The City of Ukiah, as Lead Agency, has prepared a Subsequent Environmental Impact Report ("EIR"), consisting of a Draft Subsequent Environmental Impact Report, dated March, 1995 ("DEIR"), and a Final Subsequent Environmental Impact Report, dated July, 1995 ("FEIR"), for the previously proposed and adopted Airport Industrial Park (ALP) Planned Development Ordinance Amendments and buildout of the AlP; and . The EIR identified significant environmental impacts of the projects; and 3. Public Resources Code Section 21081 and CEQA Guidelines Section 15091 provide that the City shall not approve or carry out a project for which an EIR has been completed which identifies one or more significant environmental impacts, unless it makes specified findings; and 4. The City Council certified the EIR and approved the previous AlP Planned Development ordinance amendments on October 18, 1995; and 5. The City Council may subsequently choose to approve additional amendments to the AlP Planned Development ordinance; and 6. The certified EIR for the buildout of the AlP is considered a "programmatic" EIR prepared for a series of actions characterized as one large project referred to as buildout of the AlP. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah finds as follows: 1. The programmatic EIR was prepared and made available for public review and comment in full compliance with the procedures set forth in CEQA and the CEQA Guidelines. 2. The programmatic EIR was considered by both the Planning Commission and City Council at noticed public hearings on August 9, 1995 and August 16, 1995, respectively, which were conducted in full compliance with all legal requirements. 3. The City Council has considered all documents submitted for consideration prior to or during the hearings it conducted and all testimony presented during the hearings as well as the EIR, the Staff Report, dated July 28, 1995, the recommendation of the Planning Commission, and the Staff Report, dated August 11, 1995. The Staff Reports are incorporated herein by reference. It has also independently reviewed and considered this resolution. 4. The programmatic EIR evaluated the impacts of the projects themselves as well as their impacts in combination with impacts from past, present, and probable future projects, including impacts from the eventual buildout and completion of the Airport Industrial Park both as presently approved and with possible future amendments to the Planned Development Ordinance. Those impacts, both individual and cumulative, along with recommended mitigation measures and suggested conditions of approval, were summarized in resolution 96-23, adopted for the previously approved amendments to the AlP Planned Development ordinance and certification of the EIR on October 18, 1995, and incorporated herein by reference. 5. Measures designed to avoid or substantially lessen significant effects of future development projects within the Airport Industrial Park will be imposed on projects as buildout occurs and the significance thresholds identified in the EIR are reached. In this way, full mitigation will be achieved as development occurs and is phased over time within the AlP. 6. The currently proposed amendments to the AlP ordinance are minor in nature and do not change the building intensity or density of development, nor do they change the assumptions, analysis, or conclusions contained in the certified EIR. 7. The currently proposed amendments to the AlP have been examined in light of the Program EIR, and it has been determined that the project is within the scope of the Program EIR, and no additional environmental document must be prepared for the following reasons: a, The currently proposed amendments would not produce environmental effects not examined in the certified Program EIR. b, The currently proposed amendments would not require new mitigation measures not included in the certified Program EIR. C. The currently proposed amendment project does not involve site specific operations or development. d. The proposed amendment that would allow retail commercial land uses on the property designated as Highway Oriented Commercial would not be inconsistent with the certified Program EIR, because even though the EIR assumed a large restaurant for this property, it also assumed more overall retail commercial within the AlP than the proposed ordinance allows or permits. The amendment would simply relocate a portion of the EIR assumed retail commercial opportunity from south of the Friedman Brothers site to the small parcel north of WalMart. In terms of circulation, staff is able to conclude, based upon discussions with the City Engineer, that this change would not introduce new impacts not evaluated in the certified EIR. PASSED AND ADOPTED this 1st day of May, 1996 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Cathy McKay, City Clerk Fred Schneiter, Mayor 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING THE AIRPORT INDUSTRIAL PARK PLANNED DEVELOPMENT The City Council of the City of Ukiah hereby ordains as follows: Section One The purpose of this amendment to the Airport Industrial Park (ALP) Planned Development Ordinance is to provide for a coordinated development of compatible industrial, office, and commercial land uses. It details both allowed and permitted uses within each land use category, regulates nuisances, and provides development standards and design guidelines. It changes the land use designation terminology using clearer more concise terms to more accurately characterize existing development, and provide well-defined land use categories for future development in the Airport Industrial Park. The changes to land use designations are as follows: 1) Office Commercial to Professional Offices; 2) Industrial/Commercial to Retail Commercial; 3) Highway Oriented Commercial/General Commercial to Highway Oriented Commercial. No change to the Industrial designation term has been made. Section Two This ordinance also formally amends the Land Use Map that illustrates which land uses designations are assigned to the various properties throughout the Airport Industrial Park. The land use designations apply to the Airport Industrial Park in the following manner: 1. Professional Office: Applies to the northeast portion of the site, bounded by Talmage Road on the north, Airport Park Boulevard on the east, and Commerce Drive on the south (approximately 8 acres). 2. Highway Commercial: Applies only to the northeastern portion of the site, bounded by Talmage Road to the north, Airport Park Boulevard to the west, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Highway 101 to the east, and the existing large commercial retail store property to the south (approximately 1.4 acres). 3, Retail Commercial: Applies to 14.83 acres north of Commerce Drive, and approximately 22 acres south of Commerce Drive, bounded by Airport Park Boulevard on the west, and Highway 101 on the east approximately (approximately 36.83 acres). 4, Industrial: Applies to the remainder of the Airport Industrial Park (approximately 77.4 acres). Section Three The Airport Industrial Park Planned Development was originally approved by City Council Resolution No. 81-59 on March 3, 1981, embodied in Use Permit No. 81-39. It was amended and further articulated in 1991 when the City Council adopted Resolution No. 91-4. In 1993, the City Council amended the ordinance to allow "General Commercial" in addition to the approved "Highway Oriented Commercial" land uses in the area bounded by Talmage Road on the north, Highway 101 on the east, Commerce Drive on the south, and Airport Park Boulevard on the west. Section Four Airport Industrial Park Planned Development, as amended herein, provides a mixture of industrial, commercial, and office land uses within a Planned Development (PD), consistent with the City of Ukiah General Plan. Section Five The Development Map (Generalized Land Use Map) for this Planned Development, as required by the Ukiah Municipal Code, and attached as Exhibit "A", is approved. Section Six Development standards not addressed in the Planned Development regulations shall be those specified in the City of Ukiah Zoning Code. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Section Seven Amendment to this ordinance requires City Council action. All Use and Site Development Permits for proposed developments within the Airport Industrial Park require City Planning Commission review and action. Decisions on Site Development and Use Permits made by the City Planning Commission are appealable to the City Council by any interested party. Section Eight Some small commercial land uses may be permitted on the Industrial designated land if they are primarily intended to provide commercial type services to employees within the Airport Industrial Park. Section Nine The regulations for this Planned Development, as prescribed in Ukiah City Code Sections 9167(b) and 9166, and as amended, are as follows: A. INDUSTRIAL DESIGNATION 1. Allowed Uses The following industrial uses are allowed in the Industrial designation with the securing of a Site Development Permit. a. Manufacturing - activities or operations involving the processing, assembling, blending, packaging, compounding, or fabrication of previously prepared materials or substances into new products. b. Warehouse and Distribution Activities - includes warehousing, and storage not available to the general public; warehousing and distribution activities associated with manufacturing, wholesaling, or business uses; delivery and transfer services; freight forwarding; moving and storage; distribution terminals for the assembly and breakdown of freight; or other similar use involving shipping, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 1 warehousing, and distribution activities. c. Wholesaling and Related Uses - establishments engaged in wholesale trade or warehousing activities including maintaining inventories of goods; assembling, sorting, and grading goods into large lots; breaking bulk and redistribution in smaller lots; selling merchandise to retailers, industrial, commercial, institutional, or business users, or other wholesalers; d. Contractor's offices - business office for building, plumbing, electrical, roofing, heating, air conditioning, and painting contractors including storage of incidental equipment and supplies. e. Agricultural: Allowed as a continuation of the existing land use, including all necessary structures and appurtenances. f. Research and development laboratories, and computer and data processing. g. Accessory Uses and Structures: Activities such as administrative offices and warehouses which are related and ancillary to an allowed use. Ancillary structures containing ancillary uses shall be located on the same parcel as the primary use/structure, and shall not exceed 25% of the gross floor area of structure(s) containing the primary use. Permitted Uses The following small commercial, business support, and repair service land uses may be permitted in the Industrial land use designation with the securing of a Use Permit, provided they are situated on a parcel no larger than one-half acre in size: a. Delicatessen, sandwich shop, or small sit-down restaurant (no 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 B= drive-thru restaurants shall be permitted). b. Small grocery or convenience store. c. Banking facility. d. Child day-care facility. e. Industrial and business support services - establishments primarily engaged in providing services to business and industry, such as blueprinting and photocopying, janitorial and building maintenance, equipment rental and leasing, medical labs, commercial testing laboratories, and answering services. f. Public Facilities - includes all public and quasi-public facilities such as utility substations, post offices, fire station, and government offices. g. Repair Services - includes repair services such as radio and television, furniture, automotive repair, body and fender shops. h. Communication Installations -includes radio and television stations, telegraph and telephone offices, cable T.V., and micro- wave stations. i. Mini-storage facility. PROFESSIONAL OFFICE DESIGNATION 1, Allowed Uses The following uses are allowed in the Professional Office designation with the securing of a Site Development Permit: a. Professional and business offices such as accountants, engineers, architects, landscape architects, surveyors, attorneys, advertising, consultants, bookkeeping, medical and dental offices, and other similar activities. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Ci Ol b. Business and office support services - includes services such as branch banks, savings and loan, credit unions, insurance brokers, real estate sales, blueprinting and photocopying and answering services. c. Child day-care facility. 2. Permitted Uses The following uses are permitted in the Professional Office Designation with the securing of a Use Permit: a. Delicatessen, sandwich shop, or small sit-down restaurant (no drive-thru restaurants). b. Small grocery or convenience store. HIGHWAY COMMERCIAL DESIGNATION 1. Allowed Uses The following uses are allowed in the Highway Commercial designation with the securing of a Site Development Permit: a. Businesses such as motels, sit-down restaurants (no drive-thru restaurants), service stations, and other similar uses that provide services and merchandise primarily to highway travelers. b. Retail commercial stores. RETAIL COMMERCIAL DESIGNATION 1. Allowed Uses The following uses are allowed in the Retail Commercial designation with the securing of a Site Development Permit: a. Retail commercial stores. b. Child day-care facility. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Ew 1 Permitted Uses The following uses are permitted in the Retail Commercial designation with the securing of a Use Permit: a. Delicatessen, sandwich shop, or small sit-down restaurant (no drive-thru restaurants). b. Small grocery or convenience store. c. Banking facility. NUISANCES No lot shall be used in such a manner as to create a nuisance to adjacent parcels. Proposed uses shall comply with the performance criteria outlined below. a. All activities involving the storage of inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion by adequate fire-fighting and fire suppression equipment and devices standard in industry. All incineration is prohibited. b. Devices which radiate radio-frequency energy shall be so operated as not to cause interference with any activity carried on beyond the boundary line of the property upon which the device is located. c. The maximum sound level radiated by any use of facility, when measured at the boundary line of the property upon which the sound is generated, shall not be obnoxious by reason of its intensity or pitch, as determined by Standards prescribed in the Ukiah City Code and/or City General Plan. d. No vibration shall be permitted so as to cause a noticeable tremor beyond the property line. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 e. Any use producing emissions shall comply with all the requirement of the Mendocino County Air Quality Management District. f. Projects involving the use of toxic materials or hazardous substances shall comply with all Federal, State, and Ukiah Municipal Code regulations. 2, Prohibited Uses or Operations Industrial uses such as petroleum bulk stations, cement batching plants, pulp and paper mills, lumber mills, refineries, smelting plants, rendering plants, junk yards, auto wrecking, and similar "heavy industrial" uses which typically create external and environmental effects are specifically prohibited due to the detrimental effect the use may have upon the general appearance, function, and environmental quality of nearby uses. DEVELOPMENT STANDARDS The following standards have been established to ensure compatibility among uses and consistency in the appearance and character of development. These standards are intended to guide the planning, design, and development of both individual lots and the entire Airport Industrial Park. Projects shall be reviewed on a case-by-case basis for high quality design, efficient function, and overall compatibility with surrounding land uses. Minimum Lot Requirement The minimum lot area shall be 20,000 square feet. Each lot shall have a minimum frontage of 100 feet on a public street. Except for lots fronting on Airport Park Boulevard, or other public streets shown on the Land Use Map, access easements to a public street may be authorized in lieu of public street frontage in the discretion of the appropriate decision-maker and with the approval of the City Engineer. Proposed access easements shall be consistent with the standards contained in Table 4-1. The Planning Commission may approve a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 = 1 = public street frontage of less than 100 feet for lots located on cul-de-sacs, street curves, or having other extraordinary characteristics. Maximum Lot Coverage No more than 45 percent of the lot shall be covered by a building or structure. Parking lots and landscaping areas shall not be included in the calculation of lot coverage. Minimum Buildinq Setbacks All buildings and structures shall be setback from the property line a minimum of 25 feet along the entire street frontage. Lots abutting U.S. Highway 101 shall maintain a 40 foot setback from the property line adjacent to the freeway. Side yard setbacks shall be determined in the Site Development Permit review process. Maximum Building Hei.clht The maximum height of any building or structure shall be 50 feet. Mechanical penthouse and equipment may extend an additional 10 feet beyond the maximum building height. Additionally, all development within the Airport Industrial Park shall comply with the Federal Aviation Administration side slope criteria. Screening Storage areas, loading docks and ramps, transformers, storage tanks, refuse collection areas, mechanical equipment, and other appurtenant items of poor visual quality shall be screened by the use of masonry walls, landscaping materials, or decorative fencing. All roof mounted electrical and mechanical equipment and/or ductwork shall be screened from view by an enclosure which is consistent with the building design. Fences exceeding six (6) feet in height may be appropriate for some commercial and industrial uses to screen the outdoor storage of building materials, supplies, construction equipment, etc. The 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 w . aw . 10. Planning Commission may consider fences exceeding six (6) on a case-by-case basis during the review of Site Development and Use Permit applications. Public Utility Easement All lots shall provide a 5-foot easement in the required front setback for the provision of utilities. Sidewalk Requirements Lots with frontages along the primary street shall provide a 5-foot curvalinear sidewalk located within the required front setback. The sidewalk may be located over the public utility easement. Every effort shall be made to link developments with attractive and accessible pedestrian facilities. Bicycle Lanes Class III Bicycle lanes shall be provided on all streets according to CalTrans standards. Development Inteqration Every effort shall be made to "master plan" development within the Airport Industrial Park. Applicants shall be encouraged to coordinate development proposals to ensure compatible architectural themes, high quality site planning, efficient and functional traffic circulation, coordinated pedestrian circulation, and compatible land uses. Required Public Streets Lot line adJustments, parcel maps, tentative and final subdivision maps, and site development and use permits shall not be approved, unless public streets identified on the Land Use Map serving the parcels covered by the lot line adjustment, map or permit have been or will be dedicated to the City of Ukiah upon approval of the lot line adjustment, map or permit. 10 11. Street Width Standards 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 . 3. 4. 5. The following street standards have been established by the Ukiah Department of Public Works. All primary and secondary streets shall be designed and constructed in accordance with these standards: Table 4-1: Minimum Street Standards Airport Park Boulevard and Commerce Drive Primary Secondary Access Easement Right-of-way 66 feet 44 feet Pavement 64 feet 40 feet a. travel lanes (2) 14 feet 20 feet b. left turn lane 12 feet 12 feet Curbs (both sides) 1 foot 1 foot Cul-de-sac (turn-arounds) 100 feet diameter Curb Returns Radius 35 feet 35 feet 32 feet 30 feet 15 feet 12. Access Driveways and Deceleration Lene~ a. Every effort shall be made to minimize access driveways along Airport Park Boulevard. All driveway and intersection radii shall be designed to accommodate heavy truck turning movements, consistent with the requirements of the City Engineer. b. Every effort shall be made to design common driveways for individual developments. No Talmage Road access shall be permitted for Parcel A1A. All major driveways, as determined by the City Engineer, shall have left turn pockets in the median area where feasible. Deceleration and acceleration lanes shall not be required unless the City C, e. 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Engineer determines they are necessary to ensure safety and efficient traffic flow. 13. Minimum Parkinq and Loading Requirement-= a. No loading or unloading shall be permitted on the street in front of the building. A sufficient number of off-street loading spaces shall be provided to meet the needs of the provided use. Adequate apron and dock space also shall be provided for truck maneuvering on individual lots. b. The number of entrance/exit driveways shall be limited to one per every 100 feet of street frontage with a maximum curb cut of 40 feet. The Planning Commission may relax these standards when a comprehensive plan for an entire block has been prepared and presented to the City Planning Commission for review and approval. c. Adequate off-street parking shall be provided to accommodate the parking needs of employees, visitors, and company vehicles. The minimum number of off-street parking spaces shall generally be provided according to the requirements of the Ukiah Municipal Code. d. The Planning Commission may deviate from the parking requirements contained in the Ukiah Municipal Code on a case-by-case basis. Any deviation must be supported by findings related to a unique use, such as a mixed use development, or use not specifically described in the Ukiah Municipal Code, and findings that otherwise demonstrate no on-street parking congestion will result. 14. Si~na.qe Except as indicated below, building identification and other signs shall generally comply with the sign regulations for industrial, commercial and office land uses contained in the 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Gl Ukiah Municipal Code. a. All proposed development projects shall include a detailed sign program. DESIGN GUIDELINES The following guidelines shall be used by the Planning Commission when approving a Site Development or Use Permit to ensure high quality design, and the coordination and consistency of development. 1. Landscapin_~ and Open Space a. A comprehensive landscape plan shall be submitted for review and approval as a part of the Site Development or Use Permit process. b. Existing trees shall be retained whenever possible. c. A variety of tree species shall be used that provides diversity in form, texture, and color. d. Landscaping at corners should be arranged to maintain traffic visibility. e. Landscaping along an entire street frontage should be coordinated to achieve a uniform appearance. f. Landscaping shall be used to screen parking lots, loading docks, and storage areas. g. Landscaping in parking lots shall include a variety of tree species that will provide sufficient shading in the summer. The majority of parking lot trees shall be deciduous and fast growing. h. The exact number of parking lot trees shall depend upon the size of the parking facility, the type of land use, and the species of tree used. The Planning Director shall determine the appropriate number of trees for parking lots on a project-by-project basis. i. At a minimum, fifteen percent (15%) of the entire parcel shall be landscaped with planting materials. The Planning Commission may 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 m . reduce this requirement if special circumstances applicable to the size or configuration of the property exists, or if unique circumstances associated with the use would preclude a fifteen percent (15%)landscaping coverage. j. Landscaping plans shall focus on drought tolerant plant species with varied flowering patterns. k. Large turf/lawn areas shall be discouraged in the overall landscaping plan. I. All landscaping shall be properly maintained. Orientation and Location of Buildings a. The location of buildings shall be coordinated with other buildings and open space on adjacent lots, and should include design elements, oriented to pedestrian usage, such as, linked walk'ways and sidewalks. b. Buildings should be sited to preserve solar access opportunities, and should include passive and active solar design elements. c. Buildings should be oriented to minimize heating and cooling costs. d. Buildings should be creatively sited to provide open views of the site and surrounding environment. e. Buildings shall not be sited in the middle of large parking lots. Architectural Design a. Individual projects shall exhibit a thoughtful and creative approach to site planning and architecture. b. Projects shall be designed to avoid the cumulative collection of large structures with similar building elevations and facades. c. Buildings shall be limited in height, bulk, and mass, and shall be designed to avoid a box-like appearance. Building Exteriors a. Colors and building materials shall be carefully selected, and must be 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 D. compatible with surrounding developments, and shall be finalized during the Site Development or Use Permit process. b. The Planning Commission may permit exterior walls of architectural metal where it is compatible with adjacent structures, and the overall appearance and character of the Airport Industrial Park. 5. Li_~hting a. A lighting plan shall be submitted for review and approval with all Site Development and Use Permit applications. b. Lighting for developments shall include shielded, non-glare types of lights. c. Lighting shall not be directed towards Highway 101, the Ukiah Municipal Airport, or adjacent properties. 6. Design Amenities a. Bicycle parking facilities shall be provided near the entrance to buildings. One (1) bicycle space shall be provided for every ten (10) employees, plus one (1) space for every fifty (50) automobile parking spaces. b. Fountains, kiosks, unique landscape islands, outdoor sitting areas, and other quality design amenities are encouraged. DISCRETIONARY REVIEW The discretionary permit review process for development projects within the Airport Industrial Park (ALP) is the same as for discretionary permits elsewhere in the City. As articulated in Section 9 of this ordinance, a Site Development permit or Use Permit is required for development projects proposed in the AlP. 1. Site Development Permits and Use Permits a. As articulated in Section Nine above, development projects within the Airport Industrial Park are subject to the Site Development or Use Permit process, depending upon the proposed use and its location. A Site 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 1 bo Development Permit shall not be required for any development proposal requiring a Use Permit. Within the Use Permit review process, all site development issues and concerns shall be appropriately analyzed. All Use and Site Development Permits for proposed developments within the Airport Industrial Park require City Planning Commission review and action. do Decisions on Site Development and Use Permits made by the City Planning Commission are appealable to the City Council by any interested party. Major modifications to approved Site Development Permits and Use Permits, as determined by the Planning Director, shall require the filing of a new application, payment of fees, and a duly noticed public hearing before the Planning Commission. Minor modifications to approved Site Development Permits and Use Permits, as determined by the Planning Director, shall require the filing of a new application, payment of processing fees and a duly noticed public hearing before the City Zoning Administrator. e. The Zoning Administrator's decision on minor modifications to an approved Site Development Permit or Use Permit is appealable directly to the City Council. The Planning Commission's decision on major modifications to an approved Site Development Permit or Use Permit is appealable to the City Council. Building Modifications a. Exterior modifications to existing buildings shall be designed to complement and harmonize with the design of the existing structure and surrounding developments. 16 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 b. A Site Development Permit shall be approved by the Planning Commission for all exterior modifications to existing structures, site design, and landscaping within the Airport Industrial Park. The application procedure shall be that prescribed in the Ukiah City Code. Section Ten This Ordinance shall be published as required by law and shall become effective thirty (30) days after it is adopted. Introduced by title only on April 17, 1996, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Passed and adopted on AYES: NOES: ABSENT: ABSTAIN: , by the following roll call vote: ATTEST: Fred Schneiter, Mayor Cathy McKay, City Clerk 17 AIRPORT INDUSTRIAL PARK Land Use Map · · · mmm · mm~mmmm mmmm m · · HIGHWAY COMMERCIAL INDUSTRIAL EXHIBIT "A" AGENDA SUMMARY ITEM NO. 4b DATE: MAY 1, 1996 REPORT SUBJECT: AWARD CONTRACT TO REUSER, INC. FOR WOOD AND YARDWASTE REMOVAL AT UKIAH SOLID WASTE DISPOSAL SITE FOR THE 1996/97 FISCAL YEAR AND AUTHORIZE CITY MANAGER TO EXECUTE LE'I'TER OF AGREEMENT For the past three years, the City has contracted with Reuser, Inc. from Cloverdale for the removal of wood and yardwaste from the Ukiah Solid Waste Disposal Site, and the current Service Agreement will expire on June 30, 1996. For the 1996/97 fiscal year, Reuser proposes to remove clean woodwaste and yardwaste from the disposal site at the rate of $3.75 per cubic yard, which is the same rate under the current Agreement. Refer to the attached letter dated April 5, 1996. Based on historical information, Staff recommends that an allowance of 15,800 cubic yards for yard and wood waste removal be established at a budget cost of $59,250. For the 1995 calendar year, the City was charged for the removal of 13,865 cubic yards of yard and wood waste. For the current fiscal year as of March 1996, the City has been charged for the removal of 10,710 cubic yards. Based on last year's removal quantities for the last three months of the fiscal year (April, May, June) we can expect an additional 4,100 cubic yards for a total fiscal year quantity of 14,810 cubic yards. CONTINUED ON PAGE 2 RECOMMENDED ACTION: Authorize the City Manager to execute a letter of agreement on behalf of the City of Ukiah with Reuser Corporation for the 1996/97 fiscal year for the removal of wood and yardwaste at the Ukiah Disposal Site at $3.75 per cubic yard. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Proceed with formal bid process. 2. Refer back to staff for additional information. Appropriation Requested: Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Rick Kennedy, Director of Public Works/City Engineer ~ Sue A. Goodrick, Public Works Administrator Rick H. Kennedy, Director of Public Works/City Engineer and Candace Horsley, City Manager 1. Letter of Agreement dated April 5, 1996 APPROVED: ~.' ~'~}~'~'-~L~ Canda~ce Horsley, ~ity M~ager R: I~ANDFILL:kk AREUSER.4 Award Contract to Reuser, Inc., for Wood and Yardwaste Removal at Ukiah Solid Waste Disposal Site for the 1996/97 Fiscal Year and Authorize City Manager to Execute Letter of Agreement May 1, 1996 Page 2 Under the provisions of the Municipal Code, Section 1522C, the removal service is defined as a public works project. As authorized by Section 1522C, Public Works contracts may be awarded pursuant to the provisions of Section 1521 (formal bidding), or 1540 (informal bidding) of the Municipal Code and Section 22032 of the State Public Contracts Code (PCC). Section 22032 of the PCC authorizes the letting of public projects costing $75,000 or less to contract by the informal bidding procedures. The City's informal bidding procedure was adopted pursuant to the provisions of the State Code. The estimated cost of the removal service for the 1996/97 fiscal year is $59,250, and, therefore, this service can be let to contract by the informal bidding procedures. However, the City Clerk does not have a list of qualified bidders who can provide the services required nor are there known contractors within the County area or within reasonable distance from Ukiah who can provide the service except for Reuser, Inc. Staff contacted the following local firms to inquire if they could provide the service needed; the responses to Staff's inquires are noted. BIO-WASTE COMPOSTING FACILITY Staff contacted Jerry Ward, Bio-Waste Composting Facility, regarding use of his facility located in Taimage. Although the Facility is now permitted, it is limited to a maximum of 1,000 cubic yards on the site at any given time. The facility currently services the unincorporated area of the County and the City of Willits. In addition, the City's street sweepings (once a year in January) are processed at this facility. Jerry stated he was not interested in receiving the City's yardwaste at this time. COLD CREEK COMPOST FACILITY At present, this facility can only accept manure for composting. forthcoming to allow acceptance of yardwaste at the site. Preparation of an EIR is EMPIRE WASTE MANAGEMENT The County stored its yardwaste for an entire year at the Caspar Transfer Station and the South Coast Landfill, and then contracted with Empire Waste Management to grind it on-site. The bi- product from the Caspar Transfer Station was hauled to such locations as Masonite and G~rgia Pacific. The bi-product from the South Coast Landfill remained on site. The unit cost was approximately $5.35 per cubic yard. The County charges a tipping fee equal to regular garbage for its yardwaste ($11.25 per cubic yard at South Coast and $15.00 per cubic yard at the various transfer stations). Award Contract to Reuser, Inc., for Wood and Yardwaste Removal at Ukiah Solid Waste Disposal Site for the 1996/97 Fiscal Year and Authorize City Manager to Execute Letter of Agreement May 1, 1996 Page 3 RECOMMENDATION Staff has reviewed the sources available and associated processing costs for wood and yardwaste removal/recycling for this area. Staff recognizes the importance in maintaining expeditious collection and removal of wood and yardwaste (pursuant to the City's Stipulated Agreement with the Local Enforcement Agency, Environmental Health Department) and believes the most efficient and cost effective method is to continue the City's contractual relationship with Reuser Inc. for the next fiscal year. Staff has been extremely satisfied with Reuser's dependability and performance. It is therefore recommended that the contract be awarded and the City Manager be authorized to execute Letter of Agreement. R: 1 ~M~IDFILL.'~ AREUSER.4 EU ~SER April 5, 1996 City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 RE: Letter of agreement for the removal of wood and yard waste for the City of Ukiah solid waste disposal site. Reuser Inc. will continue to remove wood and yard waste from the disposal site at a rate of $3.75 per cubic yard. Because of things going smoothly and good co-operation we are able to keep our cost from increasing. This agreement is good through June 30, 1997. The gate attendant and Reuser employee will, on a daily basis tally all the wood and yard waste. We will not be able to accept any material contaminated or associated with hazardous materials (i.e, treated, painted lumber), if we receive such material it will be returned to the disposal site at no cost to Reuser. If you have any questions please call. Sincerely, J~ser 370 Santana Drive · Cloverdale, California 95425 · 707/431-1111 · FAX 707/894-2916 ITEM NO. 4c DATE' May 1, 1996 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION CONFIRMING APPOINTMENT OF JOHN McOOWEN TO THE PLANNING COMMISSION On Apd117, 1996, the Ukiah City Council held interviews, nominated, and approved John McCowen as the new Planning Commissioner to fill the unexpired term of Brent Smith. It is necessary that the Council adopt the attached resolution to make that appointment at this time. RECOMMENDED ACTION: Council adopt resolution confirming appointment of John McCowen to the Planning Commission to fill the vacancy of Brent Smith. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Acct. No. (if NOT budgeted)- N/A Acct. No.: Appropriation Requested' N/A (if budgeted) Citizen Advised' N/A Requested by: Prepared by: Candace Horsley, City Manager Coordinated with: Attachments' 1. Resolution for adoption. APPROVED';_~k-~)~ ~~ Candace Horsley, Ci~ R:4/CAN:ASRJMc Manager 1 RESOLUTION NO. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH CONFIRMING APPOINTMENT TO THE PLANNING COMMISSION WHEREAS, the existing vacancy on the Planning Commission occurred with the resignation of Brent Smith in January 1996; and WHEREAS, the vacancy was duly advertised until the close of applications on April 10, 1996, with four qualified applications received and three of the applicants were interviewed by Council at a special meeting held on April 17, 1996; and WHEREAS, the City Council has chosen to also consider previous Planning Commission qualified applicants who were interviewed and considered by Council on July 5, 1996. NOW, THEREFORE, BE IT RESOLVED, that the Ukiah City Council on April 17, 1996, approved the nomination submitted per procedures outlined in Resolution No. 95-48 and does hereby appoint the following person to the Planning Commission to fill the unexpired term of Brent Smith- John McCowen to fill the unexpired term to June 30, 1997. PASSED AND ADOPTED this 1st day of May, 1996, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Fred Schneiter, Mayor ATTEST- Cathy McKay, City Clerk 4: Res: Nominate. PC ITEM NO. 4d DATE: MAY 1, 1996 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION AUTHORIZING CITY MANAGER TO SIGN ACCESS LICENSE GRANTING ACCESS TO FACILITIES AT LAKE MENDOCINO POWER PLANT In conjunction with the Lake Mendocino Project, the City has applied to the Corps of Engineers for the renewal of access to the Lake Mendocino Power Project facilities.(Access License No. DACWO5-3-96-543) This license is for five (5) years. Attached is the renewed license. In order for the Corps to process the license, the appropriate official (City Manager), must sign the license, and an adopted resolution authorizing the signature must be submitted. Attached is the resolution authorizing the City Manager to sign the license. The Corps of Engineers requires a $260 renewal fee which will be paid out of Account No. 800-5536-420 RECOMMENDED ACTION: Approve resolution authorizing City Manager to sign access license granting access to facilities at Lake Mendocino Power Plant. ALTERNATIVE COUNCIL POLICY OPTIONS: Do not approve resolution authorizing City Manager's signature for the attached license. Acct. No. (if NOT budgeted):N/A Acct. No.: 800-5536-420 Appropriation Requested: N/A (If Budgeted) L.M. - Waterway Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities ~ . ) Prepared by: Martin Wobig, Electrical Distribution Engineer 463-6296 Coordinated with: Candace Horsley, City Manager Attachments: 1. Resolution Authorizing City Manager to sign Access License Granting Access to facilities at Lake Mendocino Power Plant. 2. License No. DACWO5-3-96-543 ~m~c-a Candace Horsley, City ~anager 1 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 25 26 27 RESOLUTION NO. RESOLUTION AUTHORIZING CITY MANAGER TO SIGN ACCESS LICENSE GRANTING ACCESS TO FACILITIES AT LAKE MENDOCINO POWER PLANT WHEREAS, it is vital that the City has access to City facilities located at the Lake Mendocino Power project; and WHEREAS, the City has applied to the Department of Army Corps of Engineer for an Access License; and WHEREAS, the document describing the requirements is presented in the form of License No. DACWO5-3-96-543; and WHEREAS, these documents require the signature of the City Manager. NOW, THEREFORE, BE IT RESOLVED, that The City Council of the City of Ukiah approves License DACWO5-3-96-543 and the City Manager of the City of Ukiah, Candace Horsley, is hereby authorized and directed to execute the License for and on behalf of the City of Ukiah. PASSED AND ADOPTED this following roll call vote. AYES: NOES: ABSENT: ABSTAIN: l~t day of May ,1996 by the ATTEST: Fred Schneiter Mayor Cathy McKay City Clerk B:DRESI'.~ LICENSE NO. DACW05-3-96-543 DEPARTMENT OF THE ARMY LICENSE LAKE MENDOCINO MENDOCINO COUNTY, CALIFORNIA THE SECRETARY OF THE ARMY, hereinafter, referred to as the Secretary, under and by virtue of the authority vested in the Secretary by Title 10, United States Code, Section 2668, hereby grants to the City of Ukiah, a Public Body, Corporate and Politic, of the State of California, hereinafter referred to as the grantee, a license over, across, in and upon lands of the United States, for non-exclusive use of an existing access road consisting of Lake Mendocino Drive from western boundary of U.S. Government land, northeastward to the intersection with the Coyote Dam Crest Road, southward on the Coyote Dam Crest Road to the intake tower gate as designated by the District Engineer, U.S. Army Engineer District, Sacramento, as identified in red on Exhibit "A", attached hereto and made a part hereof, hereinafter referred to as the premises. THIS LICENSE is granted subject to the following conditions: 1. TERM This license is granted for a term of five (5) years, beginning 1 June 1996 and ending 31 May 2001, but revocable at will by the Secretary. 2. CONSIDERATION The grantee shall pay in advance to the United States the amount of TWO HUNDRED SIXTY AND NO/100 DOLLARS ($260.00), in full for the term hereof payable to the order of the Finance and Accounting Officer, Sacramento District, ("FAO-USAED, Sacramento" is acceptable) and delivered to the District Engineer, U. S. Army Engineer District, Sacramento, 1325 J Street, Sacramento, California 95814-2922. 3. NOTICES Ail notices and correspondence to be given pursuant to this license shall be addressed, if to the grantee, to the City of Ukiah, 300 Seminary Avenue, Ukiah, California 95482; and if to the United States, to the District Engineer, Attention: Chief, Real Estate Division, 1325 J Street, Sacramento, California 95814-2922; or as may from time to time otherwise be directed by the parties. Notice shall be deemed to have been duly given if and when enclosed LAKE MENDOCINO, CALIFORNIA LICENSE No. DACWO5-3-96-543 in a properly sealed envelope addressed as aforesaid, and deposited, postage prepaid, in a post office regularly maintained by the United States Postal Service. 4. AUTHORIZED REPRESENTATIVES Except as otherwise specifically provided, any reference herein to "Secretary", "District Engineer", or "said officer" shall include their duly authorized representatives. Any reference to "grantee" shall include any duly authorized representatives. 5. SUPERVISION BY THE DISTRICT ENGINEER The use and occupation of the premises shall be subject to the general supervision and approval of the District Engineer, Sacramento District, hereinafter referred to as said officer, and to such rules and regulations as may be prescribed from time to time by said officer. 6. APPLICABLE LAWS AND REGULATIONS The grantee shall comply with all applicable Federal, state, county and municipal laws, ordinances and regulations wherein the premises are located. 7. CONDITIONAL USE BY GRANTEE The exercise of the privileges herein granted shall be: a. without cost or expense to the United States; b. subject to the right of the United States to improve, use or maintain the premises. c. subject to other outgrants of the United States on the premises. d. personal to the grantee, and this license, or any interest therein, may not be transferred or assigned. 8. CONDITION OF PREMISES The grantee acknowledges that it has inspected the premises, knows its condition, and understands that the same is granted without any representations or warranties whatsoever and without any obligation on the part of the United States. Page 2 of 7 LAKE MENDOCINO, CALIFORNIA LICENSE No. DACWO5-3-96-543 9. COST OF UTILITIES The grantee shall pay the cost, as determined by the officer having immediate supervision over the premises, of producing and/or supplying any utilities and other services furnished by the Government or through Government-owned facilities for the use of the grantee, including the grantee's proportionate share of the cost of operation and maintenance of t~e Government-owned facilities by which such utilities or services are produced or supplied. The Government shall be under no obligation to furnish utilities or services. Payment shall be made in the manner prescribed by the officer having such jurisdiction. 10. PROTECTION OF PROPERTY The grantee shall keep the premises in good order and in a clean, safe condition by and at the expense of the grantee. The grantee shall be responsible for any damage that may be caused to property of the United States by the activities of the grantee under this license, and shall exercise due diligence in the protection of all property located on the premises against fire or damage from any and all other causes. Any property of the United States damaged or destroyed by the grantee incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the grantee to a condition satisfactory to said officer, or at the election of said officer, reimbursement made therefor by the grantee in an amount necessary to restore or replace the property to a condition satisfactory to said officer. 11. INDEMNITY The United States shall not be responsible for damages to property or injuries to persons which may arise from or be incident to the exercise of the privileges herein granted, or for damages to the property of the grantee, or for damages to the property or injuries to the person of the grantee's officers, agents, or employees or others who may be on the premises at their invitation or the invitation of any one of them, and the grantee shall'hold the United States harmless from any and all such claims not including damages due to the fault or negligence of the United States or its contractors. 12. RESTORATION On or before the expiration of this license or its termination by the grantee, the grantee shall vacate the premises, remove the property of the grantee, and restore the premises to a condition satisfactory to said officer. If, however, this license is Page 3 of 7 LAKE MENDOCINO, CALIFORNIA LICENSE No. DACW05-3-96-543 revoked, the grantee shall vacate the premises, remove said property and restore the premises to the aforesaid condition within such time as the District Engineer may designate. In either event, if the grantee shall fail or neglect to remove said property and restore the premises, then, at the option of said officer, the property shall either become the property of the United States without compensation therefor, or said officer may cause the property to be removed and no claim for damages against the United States or its officers or agents shall be created by or made on account of such removal and restoration work. The grantee shall also pay the United States on demand any sum which may be expended by the United States after the expiration, revocation, or termination of this license in restoring the premises. 13. NON-DISCRIMINATION The grantee shall not discriminate against any person or persons or exclude them from participation in the grantee's operations, programs or activities because of race, color, religion, sex, age, handicap or national origin in the conduct of operations on the premises. The grantee will comply with the Americans with Disabilities Act and attendant Americans with Disabilities Act Accessibility Guidelines (ADAAG) published by the Architectural and Transportation Barriers Compliance Board. 14. TERMINATION This license may be terminated by the grantee at any time by giving the District Engineer at least ten (10) days notice in writing provided that no refund by the United States of any consideration previously paid shall be made and provided further, that in the event that said notice is not given at least ten (10) days prior to the rental due date, the grantee shall be required to pay the consideration for the period shown in the Condition on CONSIDERATION. 15. ENVIRONMENTAL PROTECTION a. Within the limits of their respective legal powers, the parties to this license shall protect the premises against pollution of its air, ground and water. The grantee shall comply with any laws, regulations, conditions, or instructions affecting the activity hereby authorized if and when issued by the Environmental Protection Agency, or any Federal, state, interstate or local governmental agency having jurisdiction to abate or prevent pollution. The disposal of any toxic or hazardous materials within the premises is specifically prohibited. Such regulations, conditions, or instructions in effect or prescribed by Page 4 of 7 LAKE MENDOCINO, CALIFORNIA LICENSE No. DACWO5-3-96-543 said Environmental Protection Agency, or any Federal, state, interstate or local governmental agency are hereby made a condition of this license. The grantee shall not discharge waste or effluent from the premises in such a manner that the discharge will contaminate streams or other bodies of water or otherwise become a public nuisance. b. The grantee will use all reasonabl~ means available to protect the environment and natural resources, and where damage nonetheless occurs from the grantee's activities, the grantee shall be liable to restore the damaged resources. ¢. The grantee must obtain approval in writing from said officer before any pesticides or herbicides are applied to the premises. 16. HISTORIC PRESERVATION The grantee shall not remove or disturb, or cause or permit to be removed or disturbed, any historical, archeological, architectural or other cultural artifacts, relics, remains or objects of antiquity. In the event such items are discovered on the premises, the grantee shall immediately notify said officer and protect the site and the material from further disturbance until said officer gives clearance to proceed. 17. DISCLAIMER This license is effective only insofar as the rights of the United States in the premises are concerned; and the grantee shall obtain any permit or license which may be require by Federal, state, or local statute in connection with the use of the premises. It is understood that the granting of this license does not preclude the necessity of obtaining a Department of the Army permit for activities which involve the discharge of dredge or fill material or the placement of fixed structures in the waters of the United States, pursuant.to the provisions of Section 10 of the Rivers and Harbors Act 6f 3 March 1899 (33 USC 403), and Section 404 of the Clean Waters Act (33 USC 1344). 18. HUNTING Hunting is prohibited on the premises. 19. VEHICLE USE Ail vehicles are to stay on established roads except by permission of the said officer. Page 5 of 7 LAKE MENDOCINO, CALIFORNIA LICENSE No. DACWO5-3-96-543 2 0 · GRA/qTEE PERFORMED MAINTENANCE The grantee shall be responsible for the performance of maintenance on the access road in accordance with the Operation and Maintenance Agreement of Lake Mendocino Power Project dated 5 April 1984, and as modified in writing by mutual agreement. The grantee shall coordinate operation and maintenance activities with said officer so that neither party's activities will interfere with others. 22. INSURANCE It is understood by and between the Secretary and the grantee that the grantee is a self-insuring entity. It is further understood that for such period as the grantee shall enjoy the use of the licensed premises pursuant to the provisions and conditions of this license, and with respect to the exercise by the grantee of the rights herein granted, the grantee shall maintain in force insurance covering workmen's compensation, damage to property and injuries to third parties caused by negligence or wrongful acts by the licensee's representatives, employees, contractors or agents. 23. ISSUANCE OF KEYS Keys shall be issued by Property Loan Receipt to the grantee's designated representative. Keys may not be duplicated. Loss of keys may require the grantee to pay for re-keying of the Lake Mendocino Power Plant Area. Keys must be returned to the Park Manager at his request. The park Manager must be provided with any change of the licensee's designated representative and/or alternates. 24. RIGHT TO MAKE CONNECTIONS The United States reserves the right to make such connections between the road or street herein authorized and other roads and streets on said lands as the Government may from time to time consider necessary, and also reserves to itself rights-of-way for all purposes across, over, and/or under the right-of-way hereby Page 6 of 7 LAKE MENDOCINO, CALIFORNIA LICENSE No. DACWO5-3-96-543 granted; provided, however, that such rights shall be used in a manner that will not create unnecessary interference with the use and enjoyment by the grantee of said right-of-way for road or street purposes. THIS LICENSE is not subject to Title 10, United States Code, Section 2662, as amended. IN WITNESS W~EREOF, I have hereunto set my hand by authority of the Secretary of the Army, this day of , 1996. Reviewed as to Form and Content Atto~/n~y THIS LICENSE is also executed by the grantee this day of , 1996. Page 7 of 7 ITEM NO. 4e DATE: MAY 1, 1996 AGENDA SUMMARY REPORT SUBJECT: DENY CLAIMS FOR DAMAGES RECEIVED FROM REBECCA GAP, ZINI AND JESS AND BETTY FREEMAN AND REFER TO CITY INSURANCE CARRIER, REMIF The claim from Rebecca Garzini was received by the City Clerk on April 19, 1996 and alleges damages occurring from a power surge on March 28, 1996. The claim from Jess and Betty Freeman was received in the City Clerk's Office on April 26, 1996 and alleges damages occurring from a power surge on March 10, 1996. Pursuant to City policy it is recommended the City Council deny the claim and refer it to REMIF our insurance carrier. RECOMMENDED ACTION' Deny Claims for Damages received from Rebecca Garzini an(3 Jess and Betty Freeman and Refer Them to REMIF, the City's Insurance Carrier. ALTERNATIVE COUNCIL POLICY OPTIONS: Alternative action not advised by the City's Risk Manager. Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Acct. No.' N/A Yes Claimants Michael F. Harris, AICP, Assistant City Manager Candace Horsley, City Manager 1. Claim of Rebecca Garzini, pages 1-2. 2. Claim of Jess and Betty Freeman, pages 3-5. APPROVED: ~',- _~Candace Horsley, City Manager mfh:asrcc 5196CLAIM NOTICE OF CLAIM AGAINST 'rite CITY OF UKIAtt, CALIFORNIA This claim must be presented, as prescribed by Parts 3 and 4 of Division 3.6, of Title 1, of the Government Code of the State of California, by the claimant or by a person acting on his/her behalf· RETURN TO: city Clerk's Office City of Ukiah 300 Seminary Avenue Ukiah, California 95482 i · · CLAIMANT ' S NAME: CLAIMANT'S ADDRESS: Number/Street and Post Office Box city ! State Zip Code ~ £-/.~// Home Phone Number Work Phone Number · NAME AND ADDRESS OF PERSON TO WHOM NOTICES REGARDING THIS CLAIM SHOULD BE .SENT (if different than above): · · '6. · ~n~. o~ ~. ~cc~v~.~ o~ occu~.~c~.: /'~,~r:,_.b P~c~ o~ ~.~ ~cc~~ o~ occ~~c~: Jo~ ~. GENE~L DESCRIPTION OF THE ACCIDENT OR OCC~ENCE (Attach ad¢itional pages if more space is needed): N~ES, IF KNOWN, OF ~Y PUBLIC EMPLOYEES CAUSING THE INJURY OR LOSS: · NAMES AND ADDRESSES OF WITNESSES (optional): NAME . . . , ADDRESS B. t/ TELEPHONE · NAMES AND ADDRESSES OF DOCTORS/HOSPITALS WHERE TREATED: NAME ADDRESS TELEPHONE A. Be 10. GENERAL DESCRIPTION OF THE LOSS, INJURY, OR DAMAGE SUFFERED: 11. 12. TOTAL AMOUNT CLAIMED: /, O..~--O. 0 ~ THE BASIS OF COMPUTING THE TOTAL AMOUNT CLAIMED IS AS FOLLOWS: Damages incurred to date: Expenses for medical/hospital care: Loss of earnings: Special damages for: General damages Estimated prospective damages as far as known: Future expenses for medical and hospital care: Future loss of earnings: Other prospective special damages: Prospective. general damages: The claim shall be signed by the claimant or by some person on his/her behalf. A claim relating to a cause of action for death or for injury to the person or to personal property or growing crops shall be presented not later than six (6) calendar months or 182 days after the accrual of the cause of action, whichever is longer. Claims relating to any other causes of action shall be presented not later than one(l) year after accrual of the cause of action. ~IGNATURE OF ~I~A~MA~ Received in City Clerk's Office this 19 . day of , SIGNATURE NOTE: This form of claim is for your convenience only, and any other type of form may be used if desired, so long as it satisfies the requirements of the Government Code. The use of this form is not intended in any way to advise you of your legal rights or to interpret any law. If you are in doubt regarding your legal rights or the interpretation of any law, we suggest that you seek legal counseling of your choice. 3:FORIV~CLAIM Rev: 3/10/95 NOTICE OF CLAIM AGAINST TI-i : CITY OF UKIAH, CALIFORNIA Th£s cla£m must be presented', as prescribed by Parts 3 and 4 of Division.'3.6,'of Title 1, of the Government Code of the State of California, by the claimant or by a person acting on his/her behalf· RETURN TO: City Clerk's Office City of Ukiah 300 Seminary Avenue Ukiah, California 95482 le · CLAIMANT ' S NAME: ~ ) ~_~:~ .~ /~t CLAIMANT' S ADDRESS: //t[~)' ~ ~c2) 0 F~/-/ ~-'~-. Number/Street and Post Office Box · City State Zip Code 'Home Phone Number Work Phone Number NAME AND ADDRESS OF PERSON '£u NOTICES REGARDING THIS CLAIM SHOULD BE .SENT (if different than above): · · ® DATE OF THE ACCIDENT OR OCCURRENCE: ,.'~--/D - PLACE OF THE ACCIDENT OR OCCURRENCE:' i0~$ ,.~cT" GENERAL DESCRIPTION OF THE ACCIDENT OR OCCURRENCE (Attach additional pages if more space is needed): · NAMES, IF KNOWN, OFANY PUBLIC EMPLOYEES CAUSING THE INJURY OR LOSS' · · · NAMES AND ADDRESSES OF WITNESSES (optional): A· NAME ADDRESS TELEPHONE NAMES AND ADDRESSES OF DOCTORS/HOSPITALS WHERE TREATED: A· NAME ADDRESS TELEPHONE Be 10. GENERAL DESCRIPTION OF THE LOSS, INJURY, OR DAMAGE SUFFERED: 11. TOTALAMOUNTCLAIMED: ~~f). ~O 12. THE BASIS OF COMPUTING THE TOTAL AMOUNT CLAIMED IS AS FOLLOWS: Damages incurred to date: Expenses for medical/hospital care: $ Loss of earnings: $ Special damages for: General damages Estimated prospective damages as far as known: Future expenses for medical and hospital care: Future loss of earnings: Other prospective special damages: Prospectiv~ general damages: The claim shall be signed by the claimant or by some person on his/her behalf. A claim relating to a cause of action for death or for injury to the person or to personal property or growing crops shall be presented not later than six (6) calendar months or 182 days after the accrual of the cause of action, whichever is longer. Claims relating to any other causes of action shall be presented not later than one (1) year after accrual of the cause of action. Received in City Clerk's Office this a(O5-~ day of ~{~ S I~N~A~'URE ~ NOTE: This form of claim is for your convenience only, and any other type of form may be used if desired, so long as it satisfies the requirements of the Government Code. The use of this form is not intended in any way to advise you of your legal rights or to interpret any law. If you are in doubt regarding your legal rights or the interpretation of any law, we suggest that you seek legal counseling of your choice. ~: FORi~CLAIM R~'v: 3/10/95 ~, Charles G. Myers has served his Ukiah community with dedication and commitment for many, many years; and WHEREAS, Charles G. Myers served with diligence and distinction on the Ukiah City Council from 1978 to 1986; and WHEREAS, Charles G. Myers was Ukiah's first directly elected Mayor in 1984 and served as such until 1986; and ~, Charles G. Myers, even though he tried to retire from the Ukiah City Council, was appointed to fill an unexpired City Councilmember term in 1988; and WI~.REAS, during his time on the Ukiah City Council, Charles G. Myers provided direction and leadership in several areas, particularly working diligently to convert the Yokayo School site into the present Ukiah Civic Center; and WHEREAS, Charles G. Myers, represented the City of Ukiah on numerous Boards, Committees, and Commissions, including the Mendocino Transit Authority, Ukiah Valley Sanitation District, Redwood Empire Municipal Insurance Fund, Mendocino Council of Governments, Cable TV Steering Committee, and Greater Ukiah Chamber of Commerce; and ~, Charles G. Myers has clearly demonstrated the adage of "giving back to your community"; NOW THEREFORE, L Fred Schneiter, Mayor of the City of Ukiah, on behalf of my fellow Councilmembers, Richard Shoemaker, James Wattenburger, Sheridan Malone, and Jim Mastin, do hereby commend and thank Charles G. Myers for his unselfish and dedicated service to our community, and wish him every success in the future, and much happiness, in his well- earned retirement from the Ukiah Unified School District. May 1, 1996 Fred Schneiter, Mayor ITEM NO. DATE: May 1. 1996 AGENDA SUMMARY REPORT SUBJECT: Receive Report Regarding the Purchase of a Wall Mounted Total Residual Chlorine Analyzer REPORT: The wastewater treatment process relies on chlorine residual analyzers to monitor the amount of chlorine in the water and send signals to control various plant functions. This particular analyzer monitors final discharge effluent to assure compliance with State regulations. These units require maintenance from time to time. We found it more cost effective to replace this monitor rather than rebuild the old one since the replacement parts exceeded the cost of the new unit. Requests for Quotation were sent to five suppliers of monitoring equipment. Four bids were returned with two meeting specifications. A purchase order has been issued to the Iow bidder, Hopkins Technical Products, Inc., for the sum of $5,351.78. City Code requires a report to Council for purchases over $5,000. No action other than receipt of the report is required by the City Council. RECOMMENDED ACTION: Receive report regarding the purchase of the Wall Mounted Total Residual Chlorine Analyzer. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Acct. No. (if not budgeted): N/A Acct. No.: 612-3580-302 Appropriation Requested: N/A Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Prepared by: George Borecky, Water/Sewer Operations Superintendent ~/~ Coordinated with: Candace Horsley, City Manager Attachments: Tabulation of Bids City Manager ~ ~c zm~. m'O ~ · -I m ..~ OlD m~ o o m o o 0 ~ m -~0 ~ c Z -- ~ ~ ~ ~ Z ~ o o ' MEMORANDUM To: From: Date: Subject: Mayor Schneitcr and Councilmcmbers Cathy McKay CMC/AAE May 1, 1996 City Clerk Response and CorreCtions to City Staff Report May 1, 1996 I request the following information be entered into the record, to correct the City staff report written in my absence while I was attending last week's Annual City Clerk Conference. I was receiving yet another award, this time from the City Clerk Association of California for the "Presidents Award of Distinction In Records Management" I was informed of this agenda subject upon my check in call to City Hall last Friday morning, and upon reading it on Monday, I must enter the following darifications, for the public record. 1. The City Council approved a reduced cost of living salary adjustment of 4% at last year budget hearings (requested amount approx. 7.5%, was for CPI figures from 1990, which was the last COLA adjustment in City Clerk salary). The City Manager at that time stated he would bring the matter back to Council with a proposal to fix the public hours of the City Clerk position. There was no vote or direction from Council concerning the City Manager's addendum, just head nodding. After review of the budget hearing tape, there was no direction from Council to return with discussion of job criteria or other duties pertinent to the position of City Cleric Due to the subsequent transition of City Manager's, the COLA adjustment was never implemented, but was included in the final City Clerk department budget figures, even though it does not cover cost of living increases since 1990.l 2. City staff incorrectly states I am averaging 21.5 hours per week with incorrect working hours, complete with hourly analysis and comparison of an hourly rate of pay to other City of Ukiah employees? I am amazed that no one correctly knows what my public office hours are, or asked for the figures from my daily work log. It is common knowledge that my current public office hours are from 8:30 to 1:00 p.m., all day on Agenda Fridays, and Council meetings. These are only minimum hours where I am readily available to the public. For example, I have bid openings on Tuesday afternoons. There are many days where I work longer, earlier, weekends, holidays, at my home office and while sick. I do not see the same limited time I am in my office of which City staff is purporting to be a current and on going issue; as evidenced by the following information from my daily work logs since June 15, 1988. ~ Press Democrat July 9, 1994, Knight-Ridder Newspaper, "According to the consumer price index, which tracks the prices of a broad range of goods and services, a product worth $1 in 1988 would have cost $1.25 in 1994." 2See five attachments for information regarding current levels of City of Ukiah employees salaries. Page 1 Year Ave. Salary Week Hrs. 1988 1~ 35.83 $15,000 1989 33.2 $15,000 1990 39.42 $18,600 1991 38.96 $18,600 1992 38.52 $18,600 1993 35.44 $18,600 1994 32 $18,600 1995 30.25 $18,600 1996to 30.2 $18,600 date This results in an hourly rate of ~ay range these past eight years from $8.05 to $11.84 per hour for the City Clerk position. I am not responsible for designating this position as part-time, in fact the record shows I have continually and fruitlessly asked for the City Clerk department head position to be made full time with a comparable, living wage to encourage an elected Clerk to be highly skilled, educated and trained City Clerk. I have attempted to comply with City imposed part-time worldng weeldy hours of 20 to 32. My predecessor's City Clerk office hours were only 16 hours per week and had to work a second job, and my question now is, "why is City staff and/or Council raising this issue now in my tenure, and for only a simple cost of living salary adjustment, which is usually automatic with all other governmental positions?" The low part-time level of salary is justified by City staff and City Council personal replies of; "It's because you are elected." This is illogical, if not discriminatory, as there are many good elected City Clerics who malce a decent living wage, and are fine examples of professionals in the Municipal Clerk field, such as Angela Peterson in South Lake Tahoe, Norma Robinson, current CCAC President, City Cleric of Taft, and Carol Cowley in Gait. There are also inferior Municipal Clerics who are appointed and are highly paid, and of course a large range in between. City Council has indicated in the past, they do not wish to set a reasonable, comparable salary for the City Cleric position. Individual Councilmembers have stated to me that '"ffou are just like us, so why should you be paid more." It is interesting to note no one else considers my position just like Council. The prior 1989 direction from Council to City staff to include the position of City Cleric in the Citywide salary classification, was conveniently left out of the survey. The subject never was addressed by Council, and the Ad-Hoc committee formed by Council comprised of Jim Mastin and Mayor Schneiter to address my proposed Ordinance which created incentives for a professional elected City Cleric, died in committee. Mayor Schneiter did like the idea of full 3See attached International Institute of Municipal Clerks 1993 Salary Survey Page 2 time hours of operations for a City Clerk, of course with no salary increase. 3. City staff's complaint in this staff report, where the limited time the City Clerk is in her office, is unsubstantiated, and in fact borders on slander. My 30 hours per week is consistent and in conformance with City part-time policy. I would love to have my own staff in the City Clerk department, so I am not forced to ask for others assistance, but again when I bring the subject up, I receive the objection, "you can't have staff because you are elected." For the past eight years I have had to work while sick, delegate duties to other departments staff while on vacation or away on City business. It is uncomfortable not having my own trained Deputy City Clerk in teh City Clerk department. It creates great liability for the City and myself, but I can't be there all the time, nor should I be expected to, in this part time position. It is not a volunteer position, nor should it be ever be, with the legal responsibilities and expertise required. My first responsibility is to my family first, and that may include worldng a second job to keep up with the cost of living and a growing family. It appears City staff wishes to fix my office hours to full time, without my input. I have preferred to not take lunch, as I am the only department head in City Hall during lunch to handle situations requiring department head action, and I don't take breaks. Franldy, the work in the City Clerk department is barely getting done, excellence can no longer be accomplished, continual electrical supply problems in the ARM/OIS has created a tremendous scanning bacldog. Although I have received funding for training I receive no Council or staff appreciation or gratitude received for the accomplishments I have obtained. It appears the team effort is brealdng down on the administration side of City Hall, with staff becoming protectionists. While I originally requested the 1995/96 COLA issue implemented and agreed to discuss how the City of Uldah could structure the dected City Clerk'position, I was not aware of City staff's proposal tonight, and am appalled at the non-neutral stance which reeks of collaboration. The City of Uldah needs to continue to provide incentives for City Clerk training to provide the knowledge and sldlls required for this highly technical specialized profession, (which cannot be obtained until becoming a City Clerk), to encourage higher education, and provide performance pay criteria. It is interesting to note how ready City staff is to recommend deleting all official training (criteria obtained for certification) for the elected City Clerk position. Through the combination of professional and college education, of which I have incurred major expenses. The citizens of Uldah have benefitted from my expertise, knowledge, determination and integrity while working inside of City Hall. For that opportunity I am deeply grateful to the dtizens of Uldah. I have served Uldah two full terms, and have done it to the best to my abilities given the constraints I was faced with, and am proud that I was able to survive in the tenure of four City Managers. I am grateful for the Coundlmembers who have supported my efforts and my highly coveted ARM/OIS system, of which they sponsored. I am most grateful for the support of my peers County Clerk Marsha Young, County Clerk of the Board Joyce Beard, current and past City Clerics of Willits, Ft. Bragg, and Pt. Arena and all of my mentors and friends in the Municipal Clerk field. I have reached the point where I must protect myself and my family from duress. I can no longer be productive in a subversive environment. I wish the City of Ukiah administration the best of wishes in the difficult times fast approaching. I sincerely encourage our citizens to become more proactive in their local government, as the City Clerk position is more at risk now, than ever before, even with all of my past efforts. City Clerk Hattie Tillotson retired in 1979 with the great quote, "I have had enough of this fun", so in her honor, I concur. But in addition I will say "Even though I am leaving the position of the City Cleric of Ukiah, please lmow that I am walking forward; there, but for the grace of god, go I." Page 3 MANAGEMENT SALARY SCHEDULE 5% between steps No relationship between ranges 1/1/95 ' Base Rate A Ste 580 Electrical Distribution Engineer 21.5237 585 Assist. Redevelopment Dir. (Econ De 21 590 Police Captain 21.4207 595 Fire Deputy Chief 21.4207 600 Building Official 19.4931 620 Electrical Supervisor 19.0203 630 Public Works Superintendent 18.23 635 Water/Sewer Superintendent 18.2323 640 Senior Planner 18.2323 655 Public Works Administrator 16.9050 660 665 670 675 680 690 700 710 720 725 730 735 Airport Manager Controller Executive Assistant Golf & Parks Superintendent Treatment Plant Supervisor (1) Equipment Maintenance Supervisor Purchasing Warehouse Supervisor 16.5~ 16.5594 16.5594, 16.5594 16.5594 15.747: 15.5351 Accounting Supervisor/intemal Audit Not used Conference Center/Plaza Manager Cultural Arts/Museum Director Associate Planner 15.2199 15.2199 15.2199 15.2199 15.2199 740 Payroll Officer 14.4441 745 MIS Coordinator 13.6446 747 Customer Service Supervisor 13.6446 750 Not used 13.104 770 Park Maintenance Supervisor 12.4: 780 Public Safety Office Supervisor 11.8438 785 Community Service Coordinator 11.4231 790 Unassigned 11 MONTHLY MANAGEMENT SALARY SCHEDULE - 1 O/1/95 A B C D E 3,898.67 4,093.60 4298.27 4,513.18 4,738.85 3,880.00 4,073.99 4.277.69 4,491.59 4716.17 3,880.00 4,073.99 4.277.69 4,491.59 4716.17 3,880.00 4,073.99 4277.69 4,491.59 4716.17 3,530.83 3,707.37 3 892.74 4,087.37 4 291.75 3,445.21 3,617.47 3 798.34 3,988.26 4 187.68 3,302.49 3,467.60 3 640.99 4 014.19 3,302.49 3,467.60 3,640.99 4014.19 3,302.49 3,467.60 3,640.99 4,014.19 3,062.05 3,215.16 3375.93 3,721.95 2,999.46 3,149.43 2,999.46 3,149.43 2,999.46 3,149.43 2,999.46 3,149.43 2,999.46 3,149.43 3 306.91 3.306.91 3 306.91 3 306.91 3 306.91 2,852.36 2,994.97 3.144.72 2,813.93 2,954.62 3,102.35 2,756.83 2,894.67 3,039.40 2,756.83 2,894.67 3,039.40 2,756.83 2,894.67 3,039.40 2,756.83 2,894.67 3,039.40 2,756.83 2,894.67 3 039.40 3,823.04 3 823.04 3 823.04 3.544.72 3 472.25 3 472.25 3 472.25 3 472.25 3. 472.25 3301.95 3 257.47 3 191.38 3 191.38 3,191.38 3,191.38 3,191.38 3,645.86 3,645.86 3,645.86 3,645.86 3 645.86 3 467.05 3 420.35 3 350.95 3 350.95 3 350.95 3 350.95 3 350.95 2,616.31 2 747.13 2 884.47 3,028.71 3 180.15 2,471.49 2 595.06 2 724.82 2,861.06 3 004.11 2,471.49 2595.06 2,724.82 2,861.06 3,004.11 2,373.66 2492.34 2.616.95 2,747.80 2,885.19 2,251.79 2 364.39 2482.60 2,606.73 2,737.05 2,145.31 2252.57 2 365.20 2,483.47 2,607.64 2,069.10 2 172.56 2281.19 2,395.24 2,515.00 1,997.08 2 096.93 2 201.78 2,311.87 2,427.46 MGMT-MOU.XLS Page 3 Mgmt FY95-96 MISCELLANEOUS EMPLOYEES RANGE POSITION STEP: 15 Solid Waste Maint. Aide 20 Typist Clerk 21 Muse.m Assistant 22 Unassiqned 23 Unassigned 24 General Services Attendant 25 Unassi[}ned 26 Customer Service Rep. I 27 28 128 228 328 Unassigned 29 30 130 23O 330 31 131 231 331 Police Records Clerk Custo~ner Service Rep. II Community Service Code Officer Maintenance Custodian Wastewater Operator-in-Training Purchasing Assistant Administrative Secretary Accounts Payable Specialist Customer Service Rep. III Landfill Maintenance Attendant Disposal Site Attendant Park Maintenance Attendant Public Works Maint. I 32 Meter Reader 132 Parking Enforcement Officer 232 Water Sewer Attendant I (1) 332 Personnel Asst./Admin. Sec. 33 Street Sweeper Operator 34 Museum Curator 35 135 235 335 36 136 236 Heavy Equipment Operator Water & Sewer Attendant II (1! Airport Assistant Public Works Maint. II Unassigned Treatment Plant Operator (1) Water & Sewer Service Attendant (1) 37 Water & Sewer Leadworker (1! 137 Golf Maintenance Leadworker 38 Equipment Mechanic 138 Utility Service Attendant 39 139 239 339 40 41 42 Engineering Technician I Water/Sewer Maintenance Supervisor {1) Landfill Supervisor Water Treatment Plant Operator/Mechanic Senior Treatment Plant Operator {1) Unassigned Unassigned 43 Engineering Technician II 44 Water Treatment Plant Supervisor 144 Senior Wastewater Treatment Plant Operator 45 Unassigned 46 Unassiglned 47 Unassiqned 48 Unassigned 49 Unassigned 50 Engineer in Training 51 Unassigned 52 Unassigned 53 Unassigned 54 Unassigned 55 Unassi[~ned 56 Senior Civil Encjineer MONTHLY SALARY RANGE AS OF 1/1/96 1.00% Increase A B C D E 1,241.31 lf303.38 1,368.55 1,436.99 1,508.83 1~457.75 1,530.64 1~607.16 1,687.52 1~771.90 1,494.20 1~568.91 1,647.36 1,729.73 1,816.22 lf531.56 1~608.13 1,688.54 1,772.97 1,861.62 1~569.85 1~648.33 1~730.75 1~817.30 1,908.16 1 ~609.09 1,689.55 1 ~774.03 1,862.73 1,955.86 1~649.32 lr731.79 1~818.39 1~909.30 2~004.77 lr690.55 1~775.09 lf863.84 lf957.02 2,054.87 1,732.81 lr819.46 1~910.43 2,005.95 2,106.24 1,776.13 1,864.93 1,958.18 2,056.10 2,158.90 1,776.13 1,864.93 1,958.18 2,056.10 2,158.90 1,776.13 1,864.93 1,958.18 2,056.10 2,158.90 1 776.13 1,864.93 1~958.18 2,056.10 2~158.90 1~820.54 1~911.57 2,007.15 2,107.51 2~212.88 1,866.05 1,959.36 2,057.33 2,160.20 2,268.21 1,866.05 1,959.36 2,057.33 2,160.20 2,268.21 1,866.05 1,959.36 2,057.33 2,160.20 2,268.21 1,866.05 1,959.36 2~057.33 2,160.20 2,268.21 2,108.74 2,214.18 2,108.74 2,214.18 2,108.74 2,214.18 2~108.74 2,214.18 1,912.70 2,008.33 1,912.70 2,008.33 1,912.70 2,008.33 1~912.70 2,008.33 1,960.52 2,058.54 2,161.47 2,269.54 2,383.02 1,960.52 2,058.54 2,161.47 2,269.54 2,383.02 1,960.52 2,058.54 2,161.47 2,269.54 2,383.02 1,960.52 2,058.54 2~161.47 2,269.54 2,383.02 2,009.54 2r110.02 2,215.53 2,326.31 2,442.63 2~059.77 2,162.77 2,270.91 2,384.46 2,503.68 2,111.27 2,216.83 2,327.68 2,444.05 2,566.25 2,111.27 2,216.83 2,327.68 2,444.05 2,566.25 2,111.27 2,216.83 2,327.68 2,444.05 2,566.25 2~111.27 2,216.83 2~327.68 2,~.44.05 2,566.25 2,164.05 2,272.24 2,385.86 2,505.15 2,630.40 2,164.05 2,272.24 2,385.86 2,505.15 2,630.40 2~164.05 2,272.24 2,385.86 2,505.15 2,630.40 2,324.89 2,324.89 2,324.89 2,324.89 2,218.15 2,329.06 2,445.51 2,567.78 2,696.17 2,218.15 2,329.06 2,445.51 2~567.78 2,696.17 2,273.60 2,387.27 2,506.63 2,631.96 2,763.56 2,273.60 2,387.27 2~506.63 2,631.96 2~763.56 2,330.43 2,446.95 2,569.30 2,697.76 2,832.65 2,330.43 2,446.95 2,569.30 2,697.76 2,832.65 2,330.43 2,446.95 2,569.30 2,697.76 2,832.65 2,330.43 2~446.95 2~569.30 2,697.76 2,832.65 2~388.69 2,508.12 2,633.52 2,765.20 2,903.47 2~448.40 2,570.83 2f699.37 2~834.35 2,976.06 2~509.61 2~635.08 2~766.83 2r905.17 3,050.42 2,572.35 2~700.97 2~836.01 2,977.81 3,126.71 2,636.66 2,768.50 2,906.92 3,052.26 3,204.88 2,636.66 2~768.50 2,906.92 3,052.26 3,204.88 2~702.58 2~837.71 2,979.60 3,128.58 3,285.01 2~770.14 2~908.65 3,054.08 3,206.79 3,367.12 2~839.39 2~981.37 3,130.43 3,286.95 3,451.31 2,910.37 3,055.88 3~208.68 3,369.11 3~537.58 2~983.14 3~132.29 3,288.90 3,453.34 3,626.01 3,057.72 3~210.60 3,371.13 3,539.67 3,716.67 3~134.16 3,290.87 3,455.42 3,628.20 3,809.61 3,212.51 3,373.14 3,541.79 3,718.88 3,904.84 3,292.81 3~457.46 3,630.33 3~811.84 4,002.44 3,375.13 3~543.89 3,721.09 3,907.14 4,102.51 3,459.51 3,632.48 3,814.10 4,004.80 4,205.03 3,546.00 3~723.30 3,909.46 4,104.93 4~310.18 MISC-MOU.XLS Printed 1/12/96 at 12:09 PM Page 3 FIRE SALARY SCHEDULE - 56 Hour Schedule JANUARY 1, 1996 3.00%~ Percent % between steps 5.00% 5.00% 5.00% 5.00% Between Ranges RANGE TITLE A B C D E MONTHLY .... 60 Unassigned 1,794.08 1,883.80 1,977.98 2,076.89 2,180.72 2.50% 61 Firefighter apprentice 1,838.93 1,930.87 2,027.41 2,128.77 2,235.20 18.75% 62 Unassigned 2,183.73 2,292.91 2,407.54 2,527.93 2,654.34 2.50% 63 Unassigned 2,238.33 2,350.25i 2,467.77 2,591.17 2,720.73 2.50% 64 Firefighter (1) 2,294.29 2,409.00' 2,529.46 2,655.94 2,788.73 2.50%. 65 Unassigned 2,351.66 2,469.23 2,592.70 2,722.33 2,858.44 2.50% 66 Fire Engineer (1) 2,410.46 2,530.99 2,657.54 2,790.42 2,929.96 2.50% 67 Unassigned 2,470.71 2,594.25 2,723.96 2,860.17 3,003.17 10.00% 68 Unassigned 2,717.79 2,853.69 2,996.38 3,146.20 3,303.52 2.50% 69 Fire Captain 2,785.74 2,925.03 3,071.29 3,224.85 3,386.10 HOURLY , , 60 Unassigned 7.3932 717629 8.1510 8.5586 8.9865 2.50% 61 Firefighter apprentice 7.5780 7.9569 8.3547 8.7724 9.2110 18.75% 62 Unassigned 8.9989 9.4488 9.9212 10.4173 10.9382 2.50% 63 Unassigned 9.2239 9.6851 10.1694 10.6779 11.2118 2.50% 64 Firefighter (1) 9.4545 9.9272 10.4236 10.9448 11.4920 2.50% 65 Unassigned 9.6909 10.1754j 10.6842 11.2184 11.7793 2.50% 66 Fire Engineer (1) 9.9332 10.4299 10.9514 11.4990 12.0740 2.50% 67 Unassigned 10.1815 10.6906 11.2251 11.7864 12.3757 10.00% 68 Unassigned 11.1997 11.7597 12.3477 12.9651 13.6134 2.50% 69 Fire Captain 11.4797 12.0537 12.6564 13.2892 13.9537 ANNUAL 60 'Unassigned 21,529.00 22,605.56 23,735.71 24,922.64 26,168.69 2.50% 61 Firefighter apprentice 22,067.14 23,170.49 24,328.89 25,545.23 26,822.43 18.75% 62 Unassigned 26,204.80 27,514.91 28,890.53 30,335.18 31,852.04 2.50% 63 Unassigned 26,860.00 28,203.01 29,613.29 31,094.04 32,648.76 2.50% 64 Firefighter (1) 27,531.50 28,908.01 30,353.52 31,871.26 33,464.70 2.50% 65 Unassigned 28,219.90 29,630.76~ 31,112.39 32,667.98 34,301.32 2.50% 66 Fire Engineer (1) 28,925.48 30,371.87~ 31,890.48 33,485.09 35,159.49 2.50% 67 Unassigned 29,648.531 31,131.03 32,687.49 34,322.00 36,038.04 10.00% 68 Unassigned 32,613.53 34,244.25 35,956.50 37,754.37 39,642.22 2.50% 69 Fire Captain 33,428.89 35,100.37 36,855.44 38,698.15 40,633.17 ACTING FIRE ENGINEER ...... $15.00 per shift ACTING FIRE CAPTAIN ...... $25.00 per shift ACTING DUTY CHIEF ...... $25.00 per shift MEDIC OR DRIVER STAND-BY DUTY.. $35.00 per shift ACTING OPERATIONS COMMANDER (AOC) - 5% or step A, per Candace FIRE-MOU.XLS Printed 1/10/96 at 5:48 PM Page I CITY OF UKIAH. 1995-96 ELECTRIC UNIT SALARY RANGE SCHEDULE Effective January 1, 1996 MONTHLY Range Title 80 GroundmanlGroundwoman 81 Metering Services Attendant 82 Apprentice Uneman/Linewoman 83 Lineman/Linewoman 84 Electric Field Technician 85 Electrical Technician 86 Electrical Sub-Supervisor {6 mo.) {6 mo.) {6 mo.) A B C D E 2,029.00 2,130.00 2,237.00 2,348.00 2,466.00 2,130.00 2,237.00 2,348.00 2,466.00 2,589.00 2,295.00 2,410.00 2,530.00 2,657.00 2,790.00 2,796.00 N/A 3,083.00 3,237.00 3,399.00 2,938.00 N/A 3,239.00 3,401.00 3,571.00 3,011.00 3,162.00 3,320.00 3,486.00 3,660.00 3,087.00 N/A 3,403.00 3,573.00 3,752.00 1.50% Increase 'increase - HOURLY Between (6 mo.) (6 mo.) (6 mo.) Rankles Range Title A B C D E ,.~1 80 Groundman/Groundwoman 11.7033 12.2885 12.9029 13.5480 14.2254 5.00% 81 Metering Services Attendant 12.2885 12.9029 13.5480 14.2254 14.9367' 13.14% 82 Apprentice Lineman/Linewoman 13.2411 13.9032 14.5984 15.3283 16.0947 21.84% ,~',~ 83 Lineman/Linewoman 16.1330 N/A 17.7866 18.6759 19.6097 5.06 % 84 Electric Field Technician 16.9493 N/A 18.6866 19.6209 20.6019 2.50% :~-~' 85 ElectricalTechnician 17.3730 18.2417 19.1538 20.1115 21.1171 2.50% ~(, 86 Electrical Sub-Supervisor 17.8073 N/A 19.6325 20.6141 21.6448 5.00% 5.00% 5.00% 5.00% ANNUAL Range Title 80 GroundmanlGroundwoman (6 mo.) (6 mo.) (6 mo.) A B C D 24,342.86 25,560.08 26,838.03 28,179.84 29,588.83 81 Metering Services Attendant 82 Apprentice Lineman/Linewoman 83 Lineman/Linewoman 84 Electric Field Technician 85 Electrical Technician 86 Electrical Sub-Supervisor 25,560.08 26,838.03 28,179.84 29,588.83 31,068.34 27,541.49 28,918.66 30,364.67 31,882.86 33,476.98 33,556.64 N/A 36,996.13 38,845.87 40,788.18 35,254.54 N/A 38,868.13 40,811.47 42,851.95 36,135.84 37,942.74 39,839.90 41,831.92 43,923.57 37,039.18 N/A 40,835.60 42,877.33 45,021.18 FLEX PLAN - 1.5% of .salary plus $50.00 per month $23.08 Fixed biweekly contribution amount 1.50% Contribution percent of salary . Rankle Title A B C D E 37.83 38.56 39.34 40.15 38.56 39.34 40.15 41.00 39.76 40.60 41.47 42.39 N/A 44.42 45.49 46.61 N/A 45.50 46.63 47.80 44.97 46.06 47.21 48.42 N/A 46.64 47.82 49.05 80 GroundmanlGroundwoman 37.12 81 Metering Services Attendant 37.83 82 Apprentice Lineman/Unewoman 38.97 83 Lineman/Linewoman 42.44 84 Electric Field Technician 43.42 85 Electrical Technician 43.93 86 Electrical Sub-Supervisor 44.45 EL-MOU.XLS Printed 1/11/96 10:03 AM Page I POLICE SALARY SCHEDULE 2.00% Percent Between Rant~es RANGE between steps JANUARY 1, 1996 5.00% 5.00% 5.00% 5.00% 5.00% TITLE A A2 B C D E MONTHLY 5.00% 5.OO% 5.00% 7.69% 73 173 273 77 177 58 59 Police Officer Police Officer + IPC Police Officer + APC Police Sergeant (IPC) Police Sergeant (APC) Clerk Dispatcher Senior Clerk Dispatcher 2,264.78 2,378.02 2,496.92 2,621.76 2,752.86 2,890.49 2,378.02 2,496.92 2,621.76 2,752.86 2,890.49 3,035.01 2,496.92 2,621.76 2,752.86 2,890.49 3,035.01 3,186.77 2,887.83 3,032.23 3,183.84 3,343.04 3,510.19 3,685.70 3,032.23 3,183.84 3,343.04 3,510.19 3,685.70 3,869.99 1,921.57 2,017.65 2,118.53 2,224.46 2,335.68 2,069.34 2,172.80 2,281.45 2,395.52 2,515.29 HOURLY 73 5.00% 173 5.00% 273 77 5.00% 177 58 7.69% 59 Police Officer Police Officer + IPC Police Officer + APC Police Sergeant (IPC) Police Sergeant (APC) Clerk Dispatcher Senior Clerk Dispatcher 12.6701 13.3036 13.9688 14.6672 15.4006 16.1706 13.3036 13.9688 14.6672 15.4006 16.1706 16.9791 13.9688 14.6672 15.4006 16.1706 16.9791 17.8281 16.1557 16.9635 17.8117 18.7023 19.6374 20.6193 16.9635 17.8117 18.7023 19.6374 20.6193 21.6503 11.0860 11.6403 12.2223 12.8334 13.4751 11.9385 12.5354 13.1622 13.8203 14.5113 ANNUAL 73 5.00% 173 5.00% 273 77 5.00% 177 58 7.69% 59 Police Officer Police Officer + IPC Police Officer -t- APC Police Sergeant (IPC) Police Sergeant (APC) Clerk Dispatcher Senior Clerk Dispatcher 27,177.36 28,536.22 29,963.08 31,461.14 33,034.29 34,685.94 28,536.22 29,963.08 31,461.14 33,034.29 34,685.94 36,420.17 29,963.08 31,461.14 33,034.29 34,685.94 36,420.17 38,241.27 34,653.98 36,386.71 38,206.10 40,116.43 42,122.22 44,228.40 36,386.71 38,206.10 40,116.43 42,122.22 44,228.40 46,439.89 23,058.88 24,211.82 25,422.38 26,693.47 28,028.21 24,832.08 26,073.63 27,377.38 28,746.22 30,183.50 Police Officer and Sergeant hourly rates are based on 82.5 hours per pay period (2145 hours). Dispatcher hourly rates are based on 80 hours per pay period (2080 hours). IBIWEEKLY FLEX PLAN AMOUNT Flex plan benefit is $75.00 per month which equals $34.62 per pay period. POL-MOU.XLS Printed 1/11/96 et 7:58 AM Page 5 Page No. 1 03/30/93 CLERKS SALARY MUNICIPALITY 63000 PALM DESERT, CA 55464 MILLBRAE, CA 54708 PERRIS, CA 52800 KODIAK ISLAND BOROUGH, AK 52800 SANTA FE SPRINGS, CA 52152 LAKE ELSINORE, CA 50148 LOMITA, CA 49944 LAGUNA BEACH, CA 49296 BEND, OR 48330 SOLANA BEACH, CA 46503 LOMALINDA, CA 46296 PULLMAN, WA 46068 BARSTOW, CA 45967 DUARTE, CA 45625 PORT HUENEME, CA 45096 SOUTH PASADENA, CA 44940 SEATAC, WA 43656 SOUTH LAKE TAHOE, CA 43548 LA CANADA FLINTRIDGE, CA 41232 HERCULES, CA 39072 BELMONT, CA 37200 ARTESIA, CA 36432 AGOURA HILLS, CA 36000 DELANO, CA 35760 OREGON CITY, OR 35388 EUREKA, CA 35000 ARROYO GRANDE, CA 33996 SANGER, CA 32916 PALOS VERDES ESTATES, CA 32000 SANTA PAULA, CA 31572 ROSEBURG, OR 31320 ROCKLIN, CA 29000 OAK HARBOR, WA 28000 LACEY, WA 26988 KLAMATH FALLS, OR 25944 BRAWLEY, CA 24356 PASCO, WA 21717 JEFFERSON COUNTY, WA 17412 OKANOGAN COUNTY, WA SALARY PROFILE CITY OF UKIAH, CALIFORNIA Municipal Clerks - Region IX Population - 15,000 to 25,000 STAFF YEARS IN MUNI AS CLERKS POP CLERK OFFICE 15200 14 4 21250 9 2 20855 11 5 15679 12 3 15000 13 1 18000 3 2 19790 22 2 25000 14 2 1951O 15 15 16000 9 2 18084 11 1 23000 2 22331 3 2 22400 4 1 2O000 7 1 24488 14 2 24000 1 3 22950 20163 8 2 16000 2 1 25000 5 2 15000 2 2 20200 3 2 21155 2 1 15000 10 1 24803 5 1 15113 6 2 16700 15 1 15000 4 2 23230 6 2 16240 18340 7 1 15540 5 19960 2 1 17430 4 4 18058 9 2 18430 12 1 19200 3 6 17676 13 1 P E R D 0 U F C inst A.A. CMC h.s. CMC/AAE A.A. CMC/AAE A.A. CMC A.A. i nst col 1 inst CMC co l 1 BACH inst col l inst A.A. MAST CMC co 11 A.A. A.A. CMC BACH CMC co 11 CMC coll inst BACH inst BACH coll grad BACH h.s. A.A. h.s. CMC BACH inst coll grad BACH CMC/AAE coil grad CMC inst inst CMC grad inst coll coll coil tech BACH coll coll AGENDA SUMMARY REPORT ITEM NO. 6a DATE: May 1, 1996 SUBJECT: ADOPTION OF RESOLUTION ADJUSTING ROOM RATES CHARGED BY THE UKIAH VALLEY CONFERENCE CENTER The original room rates for the Conference Center were established by City Council Resolution 94-55, adopted in June 1994. Proposed at this time are adjustments to two of the rate categories, weekends and partial day use. The proposed rate increases are required to cover the costs of staffing the Conference Center beyond the regular hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. This increase will also improve the financial stability of the Ukiah Valley Conference Center balancing revenues with operational expenses. These rates are the result of an in-depth cost analysis performed by staff of the current weekend and partial day rate structure. After two years of operation we have realized this rate structure should be increased to cover basic operational expenses, such as salaries, utilities, etc. The proposed discount rate of 20% for % day or less use, is a more realistic figure than the current rate of 30%. Although these new rates do not equate to a substantial increase, they do provide a better balance between the costs and revenues for these types of meetings and, over the period of 12 months, will be beneficial to the fund's bottom line. For your comparison, staff has provided a rate sheet from the Eureka Inn, a similar facility within the region. These proposed new rates apply to meetings, seminars and conferences. Luncheons, dinners/banquets, weddings and holiday events will be billed at rates according to client's requirements. Staff believes these new rates are necessary and appropriate. Adoption of the Resolution is recommended. RECOMMENDED ACTION: Adopt Resolution Adjusting Room Rates for the Ukiah Valley Conference Center. ALTERNATIVE COUNCIL POLICY OPTIONS: . Determine Resolution Requires Further Review and Return to Staff for Further Analysis. Determine Adjustment Is Inappropriate and Do Not Adopt Resolution. Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Acct. No.: (if budgeted) Bruce Jenney, Conference Center Manager Candace Horsley, City Manager, and Larry DeKnoblough, Community Services Director 1. Resolution for adoption 2. Proposed New Rates 3. Resolution No. 94-55 4. Eureka Inn Rate Sheet APPROVEI~! ~k~ ~ -~andace Horsley, City Manager 2:CITYCOUNClL~rentrate.asr ATTACHMENT #1 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADJUSTING ROOM RATES FOR THE UKIAH VALLEY CONFERENCE CENTER WHEREAS, the City of Ukiah operates the Ukiah Valley Conference Center (UVCC) for public use; and WHEREAS, UVCC is an Enterprise Fund, which necessitates setting competitive, commercia rental fees that will provide for maintenance, repairs, utilities, and other operational expenses; and WHEREAS, UVCC has experienced a greater demand than anticipated for weekend and partial day use, which has increased staff and operation costs; and WHEREAS, the original room rates were established by Resolution No. 94-55, adopted by the City Council on June 1, 1994; and WHEREAS, the City Council has properly noticed this rate adjustment public hearing, has received public comment on these issues, and determined the relationship of conference center costs to the proposed rates. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Ukiah approves the room rental rates for The Ukiah Valley Conference Center as described in the attached Exhibit "A", ~ncorporated herein by reference, and that Resolution No. 94-55 is superseded. PASSED AND ADOPTED this 1st day of May, 1996, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: A'I-I'EST: Fred Schneiter, Mayor Cathy McKay, City Clerk 2:\citycouncil\uvccrate.rcs EXHIBIT "A" UKIAH VALLEY CONFERENCE CENTER ROOM RATES Chardonnay Room M-F $75 per day W-E $150 per day P-D $60 per day Zinfandel Room M-F $150 per day W-E $200 perday P-D $120 per day Riesling Room M-F $100 per day W-E $175 per day P-D $80 per day Cabernet I M-F $600 perday W-E $600 perday P-D $480 perday Chenin Blanc Room M-F $175 per day W-E $250 perday P-D $140 per day Cabernet II M-F $600 perday W-E $600 perday P-D $480 per day Colombard Room M-F $175 per day W-E $250 perday P-D $140 per day Merlot Room M-F $150 per day W-E $200 perday P-D $120 per day The Red Rooms (Cabernet I and II, Merlot, and Zinfandel) M-F $1,250 per day W-E $1,250 per day P-D $1,000 per day M-F = Monday through Friday W-E = Weekends & Evenings P-D = Partial Day 2: \city co u n cil\u vccrate ATTACHMENT #2 PROPOSED WEEKEND & EVENING RATES FOR THE UKIAH VALLEY CONFERENCE CENTER Curr~nt Price Amount of Increase Prooosed New Rate Chardonnay $75 $75 $150 Riesling $100 $75 $175 Colombard $175 $75 $250 Chenin Blanc $175 $75 $250 Merlot $150 $50 $200 Zinfandel $150 $50 $200 HALF DAY DISCOUNT MONDAY- FRIDAY Current Price Current 30% Discount Prooosed 20% Discount -- Chardonnay $75 $52.50 $60.00 Riesling $100 $70.00 $80.00 Colombard $175 $122.50 $140.00 Chenin Blanc $175 $122.50 $140.00 Merlot $150 $105.00 $120.00 · Zinfandel $150 $105.00 $120.00 Cabernet I $600 $420.00 $480.00 Cabernet II $600 $420.00 $480.00 Red Rooms $1,250 $875.00 $1,000.00 The above rate increases are required to cover the cost inccrued by staffing beyond regular hours; which are Monday through Friday 8:00 a.m. to 5:00 p.m. These rates are the result of an in-depth cost analysis of our weekend and evening rates structure which was approved by the City Council in 1994. After 2 years of operation we have realized that the weekend rate structure should increase to cover basic overhead, such as salaries, utilities, etc. The discount rote structure of 20% is a more realistic figure than that of the current rate which is 30%. Although these new rotes do not equate to a substantial amount, over the period of 12 months this increase will be beneficial to our bottom line. ATTACHMENT #3 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 94- 55 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING RENTAL RATES FOR RENTAL OF THE UKIAH VALLEY CONFERENCE CENTER WHEREAS, the City owns, manages, and maintains the Uklah Valley Conference Center for public use; and and WHEREAS, community and private organizations will request the use of said facility; WHEREAS, said facility Is a 100% self-supported Enterprise Fund, which necessitates setting competitive, commercial rental fees that will provide for maintenance, repairs, utilities, and other operational expenses; and WHEREAS, the City Council notices public hearings and it has heard public comment on these Issues. NOW, THEREFORE, BE IT RESOLVED that the City Council sets rental rates and policies for said facility as attached in Exhibit "A" for the Uklah Valley Conference Center and is Incorporated herein. PASSED AND ADOPTED this.. !,, .S~lay of .. June. , 1994, by the following roll call vote'. AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter NOES: None ABSENT: None R:4/Res Conf Exhibit "A" UKIAH VALLEY CONFERENCE CENTER RENTAL PRICE RECOMMENDATIONS Chardonnay Room (Conference Room 5)* Square Feet: 389 Capacity: 26 Conference style 18 School room 49 Max/Reception Price: $75 per day Rleslin.cl Room (Conference Room 35) Square Feet: 480 Capacity: 32 Conference style 27 School room 49 Max/Reception Price: $100 per day Chenin Blanc Room (Conference Room X) Square Feet: 667 Capacity: 44 Conference style 36 School room 95 Max/Reception Price: $175 per day Colombard Room (Conference Room X-A:) Square Feet: 667 Capacity: 44 Conference style 36 School room 95 Max/Reception Price: $175 per day Merlot Room (Conference Room 3) Square Feet: 600 Capacity: 40 Conference style 33 School room 85 Max/Reception Price: $150 per day The rental nrice of any rneetina or conference roar Zinfandel Room (Conference Room 4) Square Feet: 600 Capacity: 40 Conference style 33 School room 85 Max/Reception Price: $150 per day Cabernet 1 (Meetin,q Room 1) Square Feet: 2,508 Capacity: 167 Conf. style 140 School room 358 Max/Reception Price: $600 per day Cabernet 2 (Meetin.cI Room 2) Square Feet: 2,508 Capacity: 167 Conf. style 140 School roam 358 Max/Reception Price: $600 per day Cabernet I and II Square Feet: Capacity: Price: 5,016 334 Conf. style 280 School room 716 Max/Reception $1,000 per day The Red Rooms (Cabernet I and II, Merlot, Zinfandel) Square Feet: Capacity: Price: 6,261 417 Conf. style 348 School room 893 Max/Reception $1,250 per day for half day or less will be 70% of the full dav role, *Conference Room # Indicates Identification on architect's plans. R:4:Conf/Rates ATTACHMENT BANQUET & ME TING ROOMS Day Time Evening Bel'ore 5 p.m. Sun-Thurs Evening Fri & Sat A. Colonnade & Westchester ......... $550.00 ..... B. Colonnade ...................... $400.00 ..... C, Westchester ...................... $250.00 ..... D. Simpson ....................... $125.00 ..... E. Boardroom ...................... $100.00 ..... $550.00. , .... $1100.00 $400.0.0 ...... $ 80~).00 $250.00 ...... $ 500.00 $125.00 ...... $ 250.00 $100.00 ...... $ 200.00 Prices May Vary With Food & Beverage Purchases CAPACITIES Set-Up (A) (B) (C) (D) (E) Theater Style 600 450 125 50 30 Schoolroom Style 400 ;!.40 75 25. 20 Conference Style 100 84 45 25 20 · U' Shape 300 100 80' 35 20 Banquet Style 300 200 150 50 30 with Head Table 300 200 140 50 25 Buffet/Head Table 300 120 80 20 ,15 with Dance 300 120 Dance/Head Table 300 160 EUREKA INN 7th & F Streets Eureka, Ca. 95501 (707) 442-6441 Ext. 156 1/92 ITEM NO.. 7a DATE: MAY 1, 1996 AGENDA SUMMARY REPORT SUBJECT: RECEIPT AND DISCUSSION OF MARCH 9, 1996 MEMORANDUM FORM RICHMOND SANITARY SERVICE By memorandum of March 9, 1996, the Richmond Sanitary Service has expressed their interest in providing landfill and solid waste disposal services to the City. The topic is timely in light of the recent actions taken by Mendocino Solid Waste Management Authority and the City relative to the transfer station. The information is provided for the Council's perusal, discussion, and action if desired. There is no specific staff recommendation on this matter. RECOMMENDED ACTION: Receive, discuss, and file March 9, 1996 memorandum from Richmond Sanitary Service. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine more information is required prior to discussion and defer to future Council meeting. 2. Determine no discussion is desired and simply receive and file memorandum. Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Acct. No.' N/A Michael F. Harris, AICP, Assistant City Manager Candace Horsley, City Manager 1. March 9, 1996 memorandum from Richmond Sanitary Service, pages 1-4. APPROVED: ~.~~~ .~andace Horsley, City Manager mfh:asrcc 5196RICHSS RICHMOND SANITARY Honorable Fred Schneiter, Mayor SERVICE City of Ukiah 300 Seminary Street Ukiah, CA - 95482 3260 BLUME DRIVE · RICHMOND, CALIFORNIA 94806 March 9, 1996 Subject: Dear Sir, Memorandum of Interest, Mendocino County Long Range Solid Waste Management Program. I have been advised that Mendocino Solid Waste Management Authority [MSWMA] as cedified the EIR for the development of solid waste transfer facility to replace the existing sanitary landfill near Ukiah, that is slated for closure in the not to distant future and that presently serves the needs of the entire county. I that regard, I respectfully bring to your attention our interest to not only offer you a alternate Sanitary Landfill site to meet your immediate needs, but can meet you county's needs well into the next century, but also offer your entire county the vast amount of demonstrated experience and economic resources to provide you the entire program on a competitive and extremely professional basis to assure your county residents and/constituents the most comprehensive, long term, cost effective system of waste management available. 1 respectfully bring to your attention the availability of the Potrero Hills Sanitary Landfill. This a fully permitted sanitary landfill, a site that has more then 100 years of capacity. It not only has full freeway access, but rail access as well, either of which can serve the needs of Mendocino County. This is a very important factor, as these options provide you with the ability to adopt the most cost effective means of transportation, something that other sites may not provide. Potrero Hills Sanitary Landfill i~ a subsidiary company of the Richmond Sanitary Service, Richmond California, a company that have been active in the waste management industry for more then 75 years. We have and still are providing comprehensive "total" solid waste management services for the municipalities including but not limited to the Cities of Richmond, Hercules, Pinole, San Pablo, Fairfield, Suisun City Contra Costa and Solano Counties. These efforts and/or program have been successful because the company and its affiliated entities demonstrated ability to work with municipalities to create sound and economic solutions the common problems of waste disposal. I am also including a Resume' of personal experience in the complex field of solid waste management. The reason for doing so, is to assure you that to what degree of involvement that you may consider to allow our company to participate in your program, you would be assured my personal attention and direction, thus ensuring your constituents the most professional advise and direction available. In summation, I again respectfully remind you that this Memo of Interest is offered for two basic reasons. One is to bring to your attention the availability of the Potrero Hills Sanitary Landfill to meet your long term needs, and would be available at your convenience to discuss the advantages of that site. And two, to bring to your attention the broad scope of experience and service that Richmond Sanitary Services offers your constituents, from design, construction and operations of solid waste transfer station, [MSWl'F] the implementation of primary and/or secondary Materials Recovery Facilities [MRF], the transportation of the waste and of course, long term invironmentally sound disposal. MAILING ADDRESS: P.O. BOX 4100, RICHMOND, CA 94804-0100 DEPARTMENTS: AREA CODE (510) ADMINISTRATION 262-1640 · ENGINEERING 262-1660 ACCOUNTING 262-1680 FAX 223-1591 Page Two: What i am suggesting and/or offering, is that our company is prepared to offer, if requested to do so, submit a proposal to provide your Authority with a full service contract, and and/or compete for, or negotiate to provide services for any phase of your program, which we are imminently qualified to do so. As closing thought, in any phase of in the development of solid waste management program, [not to sound over simplistic] when considering the economics of those programs, the more waste entered into the program the more efficient it becomes, especially when considering operational expense and amortization of capital. This is especially important when such a program is being considered by a regional area such as yours, which has Iow volumes of generated waste production. The point being, and I respectfully bring to your attention the importance of developing your program that will include the entire County. In other words a truly "regional" program. Not only to ensure maximum economic efficiencies, but to also assure a truly regional, standardized, operationally efficient and well regulated long term solid waste disposal program for the benefit of all, now and into the future. I compliment you on the outstanding goals you have already achieved to date, and those contemplated in near and long term future. I again respectfully bring to your attention our interest and qualifications to participate in this exciting project, and if deemed appropriate, I also offer my personal experience in achieving those goals. If you have any question, please feel free to contact me at 510-262-1651. ' cc: County Board of Supervisors. ~,,.eddocino Waste Management Authority Willites City Council Fort Bragg City Council Enclosures: BIOGRAPHICAL SKETCH LEONARD DOMINIC. STEFANELLI 2960 -22nd Avenue SAN FRANCISCO, CALIFORNIA - 94132 March 25, 1996 EMPLOYMENT HISTORY: Vice President. Special Projects, Richmond Sanitary Service, Richmond CA, to date. Vice President,Market Development- Waste Management Inc. 1986 to 1994 Special consultant City of San Jose, transfer of waste collection services from Browning Ferds Industries to Waste Management Inc, 1/1/86 to June 1986. Vice President - Central Land Fill, Contra Costa County 1984 to 1986 President, Envirocal Inc, San Francisco, CA - 1972 to 1985 President, Sanitary Fill, San Francisco, CA - 1974 to 1985 Vice President, Emotek Inc, San Francisco, CA - 1980 to 1989 President, Sunset Scavenger Company, San Francisco, CA -1965 to 1985 Casualty Insurance Agent, 1962 to 1965 Refuse collector, Sunset Scavenger, San Francisco, CA - 1953 to 1965. EDUCATION. Andrew Jackson Grammar School, San Francisco, 1939 to 1945 Dudley Stone Middle School, San Francisco, 1945 to 1947 Polytechnic High School. San Francisco, CA - 1947 to 1951 United States Navy, Submarine Service - 1951 to 1953 University of San Francisco, Business Administration, 1960 to 1964 Golden Gate University, San Francisco, Insurance Studies. FAMILY STATUS: Married 9/5/59 Wife, Virginia Luisa Campi. Two Children, Joseph, married, born 9/11/60. Gina, single, born 12/18/66. No Grand children. AGES; Leonard Dominic Stefanelli, Born, May 6, 1934 - San Francisco, CA Virginia Stefanelli, Born, October 14, 1939- San Francisco, CA. BUSINESS EXPERIENCE; Commenced work on collection trucks in 1953, attaining forty years of demonstrated experience in all phases of waste management practices, including but not limited to collection, storage, transfer, transportation, disposal, resource recovery, waste to energy, composting, hazardous waste disposal, landfill and recycling. Elected President of Sunset Scavenger Company in 1965, brought business from two million dollars per year. Management policies, created a new holding company, doing business as Envirocal Inc. With the creation of the new company, it created opportunities to incorporate aggressive new technological, innovative programs, as well as a acquisition programs was created, resulting in the Envirocal entity grossing annual revenues in excess of 100,000,000 dollars in 1985. PAGE TWO: A significant portion of that growth, was created in San Francisco, where Stefanelli was in charge of and developing a comprehensive total solid waste management program for the people of San Francisco. This program included a very efficient waste collection, transfer, transportation and disposal function, that created of a regional park with open spaces, golf courses, and commercial development cost free in and for the City of Mountain view, with no adverse impact on the environment, This single project alone that clearly was and still is a model for the entire industry, and has been emulated and duplicated through out the Nation. Leonard Stefanelli, was appointed and served on The National Advisory Board on Resource Recove.ry and Recycling, by President Jimmy Carter, 1981. He was also one of the considered to be one of the "Nations Eight Top Corporate Leaders", by the recognized expert on corporate strategy and author of world renowned book, "In Search of Excellence" Mr. Tom Peters. TECHNOLOGICAL EXCHANGE PROGRAMS AND ON SIGHT INSPECTION OF SOLID WASTE FACILITIES THROUGH OUT THE WORLD. [partial list of countries] Soviet Union - East and West Germany - Argentina - Denmark -Australia - Japan - Canada - England - Norway- Arabia- Switzerland - Austna - Italy- Brazil. SERVICE AND SOCIAL CLUB ORGANIZATIONS: Director, Director, Director, Director, Director, Member, Member, Member, Member, Member, Member, Member, Member, Member, Member, Member, First Agricultural District, Cow Palace, Daly City. Little Sisters of the Poor Italian Chamber of Commerce Villa Cadna, Home for the Aged. Catholic Youth Organization. San Francisco Chamber of Commerce San Francisco Bankers Club. San Francisco Elks Club # 3 Italian American Social Club San Francisco Rod and Gun Club. Olympic Club, San Francisco. Press Club, San Francisco. St Stephens Mens Club, San Francisco. California Watedowl Association. Ducks Unlimited San Francisco Athletic Club, San Francisco Member, Gratto Balla Club, San Francisco President, Pig Lovers of America, a Future Farmers of America, youth benefactor organization Summary only. Details upon request. ITEM NO. 7b DATE: MAY 1, 1996 AGENDA SUMMARY REPORT SUBJECT: RECEIPT OF REQUEST TO FILM AT THE CIVIC CENTER AND AUTHORIZATION OF CITY MANAGER TO NEGOTIATE LOCATION CONTRACT By letter of April 25, 1996, the movie production company, Frightmare, Inc., has requested permission to utilize the Civic Center grounds for three days of filming in June. The building exterior, front entrance, parking area, and Clay and Oak Streets would be involved. Obviously there would be some inconvenience for residents and customers using the Civic Center during the operation, but we believe this can be minimized. There may be a need for City staff assistance for traffic/crowd control or other related items, which we understand would be compensated for by the company. The City Attorney also has some concerns regarding liability for delays, insurance requirements, and access during production. All of these details would be addressed in the City Manager's negotiations. Staff believes this is an economic development opportunity and would be a benefit to the community. School Street was used for movie filming several years ago, causing minimal disturbance, while providing a stimulus to local businesses. Staff recommends the City Council authorize the City Manager to negotiate a location contract with Frightmare, Inc. for movie filming at the Civic Center. RECOMMENDED ACTION: Consider request to film at the Civic Center and authorize City Manager to negotiate location contract. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine more information is required and defer action to the May 15 meeting. 2. Determine filming is not to be allowed and do not authorize City Manager to negotiate location contract. Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Acct. No.' N/A Frightmare, Inc. Michael F. Harris, AICP, Assistant City Manager David Rapport, City Attorney and Candace Horsley, City Manager 1. April 25, 1996 letter from Eric Klosterman, pages 1-4. APPROVED: mfh:asrcc 5196FILM Candace Horsley, City Manager April 25, 1996 Mr. Michael F. Harris, AICP Assistant to the City Manager City of Ukiah 300 Seminary Avenue Ukiah, California 95482 Dear Michael, On behalf of our production company, Frightmare, Inc., I respectfully request permission to film scenes for "Scary Movie" at the City of Ukiah building. As we have discussed, our schedule will encompass approximately 3 days of exterior filming. The exterior scenes take place in the front o1 the building and along the side of the building. We will also be needing the parking area in front of the building, as well as some of the streets in the immediate area for our filming and parking purposes. These streets include West Clay Street between Pine Street and Oak Street; and South Oak Street between West Clay Street and Jones Street. (This parking agenda is only an approximation and subject to change) Our current schedule calls for us to begin filming on Wednesday, June 5 and finish filming on Saturday, June 8, 1996. These dates are tentative and subject to change (We could work out a Friday, Saturday, Sunday schedule). We would be using your City Hall Building as a fictitious high school (Woodsboro High School). This would require us to place signage on the building, as well as possibly add benches, plants, tables, etc. We would be filming exterior dialogue, cars driving up and away, and people walking in and out of the building. In order to accomplish this with the least amount of disruption to your daily business, we would have a couple of people assigned to making sure anyone who needs access to or from your building for business purposes is granted access. Following is a copy of our standard Location Contract for your review, which can be modified to include any other provisions applicable to our use of the building. We will also provide you with a Certificate of Insurance, naming the City of Ukiah as an additional insured. We are willing to pay the City of Ukiah the sum of $7,500 for the priveledge of utilizing your building for three days. In addition, we would expect to pick up the costs associated with any overtime work by your personnel on our behslf. We look forward to working with you and your city to make this an exciting and rewarding experience for all of us. Thank you for your cooperation and assistance. If you have any questions or comments please do not hesitate to call me. ~ Sincerely, Eric Kiosterman Location Manager "Scary Movie" (707) 546-2299 (office) (707) 481-2891 (cellular) (310) 262-3187 (pager) LOCATION CONTRACT (Right to film at location) 1. ~rmission is hereby g~anted to FRIGHTMARE, iNC. ("Producer,,) and ~ts employees, agents, ~ndependent contractors and suppliers to enter into and use the property located at~ -~ ~(the."Property..), for the Purposes of photographing and recording certain scenes for the motion picture now-entitled "SCARY MOVIE., (the "Picture..), commencing on or about ,1996 (subject to change on account of weather conditions or changes in Production schedule) and continuing until completion of all scenes and work required (which is estimated to require an initial period of about days of occupancy over a period of ._ days). --" 2. Producer may make such use of the Pro eft as necessar · P y is reasonably , ...... Y., including the placement of fac']{e~ ~ucn as ~em orar se 1 ...... and equipment P y ts) on the Property, and agrees to remove the same after the completion of the work and leave the Property in as good condition as when received. Signs on the Property may be. removed or changed, but must be replaced. 3. Producer agrees to use reasonable care to prevent damage to the Property, and will indemnify the undersigned ("Owner,,) and all the parties lawfully in Possession of the Property against any claims of any party arising out of or based upon personal injuries, death or property damage suffered by such party and resulting directly from any act of negligence on Producer's part in connection with the use of the Property and the work described herein.. Any and all claims of damage an/or injury shall be presented Producer within seven da,,s ~^~ ~=~ · ....... ~n writing to z ~=~ un~ ~n~ai per~od referred to in Paragraph 1. Producer represents that it has obtained General Liability and Property Damage insurance With limits no less than $1,000,000 per occurence/$2,000,000 in the aggregate. 4. All rights of every kind in and to all photographs and sound recordings made hereunder shall be and remain vested in Producer, and its successors, assigns and licensees (who shall be entitled to us? and exploit same in such manner and media as the e . neither Owner, nor an ct ..... Y lect), and ..... y her party now or hereafte · nterest ~n the P ..... = ....... r having an · ~up=r~y, snail nave (a) an ri ht ' against p~oducer or any other part,, arisin~ ~- ~ g~ of action z ~ ou~ or any use or explo~tatlon Of said photographs and/or recordings, whether or not such use or exploitation is or is claimed to be defamatory, un=rue, private or censorable in nature, or (b) any right to enjoin or interfere with the use or exploitation of the Picture or said photographs or recordings. Producer shall have the right to photograph and record logos, verbiage, photographs and other personal effects on the Property, to refer to the Property by its real or a fictious name, and to attribute fictitious events occurring on the Property. 5. Producer is not obligated to actually use the Property or to include the material filmed on the Property in the Picture, and Producer may, at any time, elect not to use the Property· 6. Owner warrants that he/she/it is the sole and exclusive owner of the Property, and that the Property is safe and suitable for all of he p~rposes intended hereunder. Ow ' . . ~9~_,l~cens~es, successors and assi~f l~d~mn~ies Producer, and ,~rmiess, from and a-ains~ .... ~l~ apQ. nolds each of ownership of the Pron~t~ ~=~?__an~ .all claims regardin rthem contract. --= -~, ~ny Dreac~ of this 7. For use of ~he ~0Perty{ P~oducer agrees to pa ~ a for each shooting uay on Which Pro~, .......... Y _( ) $-- ~-~ ~c=ually ~a~es use of the Property, and (b) $____ .for each day (I.e. any day on wh--~ch Prepping, striking and holding Producer actually has equipment on the Property). No payment shall be made for any striking or shootin~ i- ~ ..... day on which Prepping, ~ ~ ~n~erru tea . ~e~ons outside of Producer,o --~--~ or_ made Impracticable for · - ~uizuro~ aha shall not constitute a nola~ng day. At any time within six months after the concluszon of. the initial period referred to in following not less than ~;..~ ~__~, ~aragraph 1, Producer m enter upon and use the''~-~3ff~ ~vance _notice to Owner, ~-operEy rot such period as may be reasonably necessary to photograph such retakes and/or added scenes as are desired by Producer, and, in any such event the rates specified in this Paragraph shall apply. ' 8. Should there be any .action or proceedin~ relating to this Contract between the part~es hereto, the prevailing party shall be entitled to reasonable attorneys, fees and any other costs incurred in connection with such action or proceeding. 9. This is the entire agreement. No Oat~r a~thorization is necessary for Producer to use the Property s nere~n contemplated. 10. Additional Terms:_ -- , ACCEPTED BY: ACCEPTED · By: Print Name__. Address: Phone Fed Id/Ss #: .... FRIGHTMARE, INC. ("Producer,,) "Owner,, ) By: Its: Address: Phone #: ITEM NO. 8a DATE: May 1, 1996 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION APPROVING JOINT POWERS AGREEMENT FOR THE ESTABLISHMENT OF THE MENDOCINO COUNTY INLAND WATER AND POWER COMMISSION, AND AUTHORIZE MAYOR TO EXECUTE AGREEMENT The City Council has previously approved the City's participation in the Mendocino County Inland Water and Power Commission Joint Powers Agreement (JPA). This JPA's purpose is to assure continuation of the Eel River diversion into the Russian River, maintain the viability of the PG&E Potter Valley Project, and continue efforts to negotiate and enter agreements with other agencies outside of Mendocino County respecting Eel River and Russian River waters. Once the JPA is formed, a budget will be developed and brought back to Council for review and approval. It is estimated at this time that the City's share will be upwards to $3,000. The final version of the Agreement is attached for Council's review and approval. RECOMMENDED ACTION: City Council adopt Resolution Approving Joint Powers Agreement for the formulation and implementation of the Mendocino County Inland Water and Power Commission, and authorize Mayor to execute Agreement. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Do not adopt resolution approving JPA. 2. Send JPA Agreement back to committee for revision. Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: Prepared by: Coordinated with: Attachments:d 1. 2. Acct. No.: (if budgeted) Candace Horsley, City Manager Resolution for adoption, with Agreement as Exhibit 1 April 8, 1996 Letter from Russian River Flood Control District, including Agreement Distribution List APPROVED: · .~'~, '"~-~.~ ;,~. Candace Horsley, City Tanager R:4/CAN:ASRWater M~N"DOCINO COUNTY AND WATER RUSSIAN RIVER FLOOD CONTROL DISTRICT April 8, 1996 Dear Ad Hoc Committee Member: Enclosed, please find what is believed to be the final version of the Mendocino County Inland Water and Power Commission. This document is ready for signature and it is requested you present it to your applicable Boards for their f'mal approval. At such time as approval is received, I will circulate the original document for signature. Redwood Valley has opted not to participate at this time and you will note Mr. Johnson has modified the first paragraph to address Redwood's position. If you have any questions, please do not hesitate to contact me. Sincerely, Barbara Spazek f Committee Secretary /Us encl. 425 TALMAGE ROAD UKIAH, CALIFORNIA 95482 (707) 462-1961 Distribution List: Janet Pauli - Potter Valley Irrigation District Mike Scannell - County of Mendocino Fred Schneiter - City of Ukiah David Rapport - City of Ukiah Seigi Sugawara- County of Mendocino Peter Klein - County of Mendocino Stephen N. Thomas - Russian River Flood Control District Keith Leland - Redwood Valley County Water District Keith Tiemann - Redwood Valley County Water District 18 19 20 21 RESOLUTION NO. 2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING JOINT POWERS AGREEMENT FOR THE ESTABLISHMENT 3 OF THE MENDOCINO COUNTY INLAND WATER AND POWER COMMISSION 4 WHEREAS, the Russian River and its tributaries are valuable resources vital to economic development, environmental quality, and 5 general well being of the Mendocino County Water Agency, Mendocino County Russian River Flood Control & Water Conservation Improvement 6 District, the Potter Valley Irrigation District, and the City of Ukiah; and 7 WHEREAS, pursuant to Title 1, Division 7, Chapter 5, of the 8 Government Code of the State of California, commonly known as the Joint Exercise of Powers Act, two or more public agencies may, by 9 agreement, jointly exercise any power common to the contracting parties; and 10 WHEREAS, the above stated public agencies within the State of 11 California desire to establish an agency for the purpose of creating a united opinion when it comes to issues relating to 1) 12 the continued Eel River Diversion; 2) the viability of the PG&E Potter Valley Project; 3) the potential sale by PG&E of the Potter 13 Valley Project; and 4) to conduct negotiations and enter into agreements with agencies and entities located outside Mendocino 14 County and with the State and Federal Government respecting Eel River and Russian River waters. 15 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the 16 City of Ukiah has determined that it is appropriate to participate in a Joint Powers Authority, to be known as the Mendocino County 17 Inland Water and Power Commission, as set forth in the attached Agreement (Exhibit 1); and the Mayor is authorized to execute said Agreement on behalf of the City of Ukiah. PASSED AND ADOPTED this 1st day of May, 1996, by the following roll call vote: 22 23 24 25 26 27 28 AYES: NOES: ABSENT: ABSTAIN: Attest: Cathy McKay, City Clerk 4:Res\Water Fred Schneiter, Mayor ~OINT-EXERCISE OF PO~ERS ~REENENT FOR THE- FOI~fU~T~ON ~ IMPLEHENT~TTON OF THE HE~OC~NO CO~Y ~~ ~TER ~ PO~ER~ CO~ISSION (CO~ISSION) THIS JOINT- EXERCISE. OF POWERS AGREEMENT; is made and entered into by and between the following Public Agencies. within_ the-State of California, that is, Mendocino County Water Agency, (Water Agency), Mendocino County Russian River Flood Control_ & Water Conservation Improvement District (Flood Control), the Potter Valley Irrigation District (PVID), and City of Ukiah (Ukiah). The foregoing parties are collectively referred to herein as "the signatories". Redwood Valley County Water District (Redwood) has expressed an interest in signing this Joint-Powers Agreement but has not yet-agreed to do so. If, and when, Redwood Agrees to sign this Joint Powers Agreement and pay all fees, costs, expenses and assessments that it would have paid had it been a signatory from the commencement of this Agreement it shall be allowed to sign and participate as hereinafter set forth. Until_such time as Redwood_ does sign this agreement-shall_ be construed as excluding Redwood from participation and whereever there is a reference to Redwood in this agreement it shall_ be construed that such reference is stricken from the Agreement unless and until Redwood does sign the agreement and pay its share- of fees, costs, expenses and assessments. RECITALS: This Agreement is made with reference to the. following facts: A. WHEREAS, the Russian River and its tributaries are valuable- resources vital to economic development, environmental quality and general well being of the signatories and their constituents-. B. WHEREAS., the Eel. River diversions into the-Russian River Watershed are absolutely vital to that economic development, environmental quality and general_well being; C. WHEREAS, the signatories recognize that a united voice is required of all of the signatories when it comes to issues relating to (1) the continued Eel River Diversion; and (2) the viability of the PG&E Potter Valley Project; and (3) the potential sale by Pacific Gas & Electric (PG&E) of the Potter Valley Project; and (4) to conduct negotiations and enter into agreements with agencies and entities located outside Mendocino County and with the State and Federal Government respecting Eel River and Russian River Waters. D. WHEREAS, this Commission will require- financial resources to pay the costs of administration thereof and the cost of acquisition of water works, power works and related assets, as may from time to time-become necessary. El. WHEREAS, Title I, Division 7, Chapter 5 (commencing with Section 6500) of the Government Code of the State of- California authorizes the joint exercise by agreement of two or more-public agencies of any power common to them. (f) WHEREAS, pursuant to Section 25680 et seq. of the Government Code, the parties hereto possess in common the power to study, discuss, formulate and recommend policies, action plans, and procedures for (1) the acquisition of water works and power plants and related assets and rights; and (2) to undertake any act- necessary for preservation of the. continued Eel River diversion into the Russian River watershed; and (3) to undertake any act necessary for the. maintenance of the viability of the-PG&E Potter Valley Project; and (4) to purchase or otherwise acquire the same; and (5) to conduct negotiations and enter agreements with persons, agencies and entities located outside of Mendocino County and with State. and Federal Governmental agencies respecting Eel River and Russian River Waters. G. WHEREAS, the parties hereto recognize that the exigencies of the problems in this area and within their respective jurisdictions require that they unify and coordinate their efforts in solving said problems by entering into this agreement to provide for the joint exercise of their said powers in aiding and assisting in (1) the-acquisition of water works and power plants and related assets and rights; and (2) to undertake any act' necessary for preservation of the continued Eel River diversion into the Russian River watershed; and (3) to undertake any act' necessary for the- maintenance of the viability of the PG&EPotter Valley Project; and (4) to purchase or otherwise acquire the same; and (5) to conduct negotiations, and enter agreements with persons, agencies and entities located outside of Mendocino County and with State and Federal Governmental agencies respecting, Eel River and Russian River Waters; and (6) to formally establish a joint powers agreement to formulate, implement and execute such a plan, and to officially establish and structure the Board of Directors of said JOint Powers Agency; NOW, TNEREFORE~ in consideration of themutual benefits, covenants and agreements set forth herein, the parties hereto agree as follows: ARTICLE I- AUTHORITY SECTION 1.01. Leqal Authorit¥~ This Joint Exercise of Powers Agreement is made under the authority of Title I, Division 7, Chapter 5 (commencing with Section 6500) of the Government~Code of the State of California. ARTICLE_II_- DEFINITIONS SECTION 2.01_. General. Unless the. context otherwise requires, the words and terms defined in this Article II shall, for the purposes hereof, have the meaning specified below: SECTION 2.02. Act~ "Act" means Title I, Division 7, Chapter 5 (commencing with Section 6500) of the Government Code of the-State of. California. SECTION 2.03. Commission, "Commission" means the Mendocino Inland Water and Power Commission created pursuant to this_ agreement. SECTION 2.04. Fiscal Year. "Fiscal. Year" means the period from July 1 to and including the following June 30. SECTION 2.05. Board of Directors. "Board of Directors" means the governing board of the Commission established pursuant to this agreement-. SECTION 2.06. State. "State" means the State of California. SECTION 2.07. Administrative Expense-. "Administrative Expense" means those-sumsPof money required to be expended by the Commission from an administrative expense-fund, to be established and maintained, by the Commission, to finance_ those costs of administering this agreement and for carrying out' the powers and functions authorized in this agreement which are not payable from the proceeds of either State or Federal grants. SECTION 2.08. Member. "Member" means a member of the Board of Directors of_ the Commission and includes_ an alternate member. SECTION 2.09. Eel River and Russian River Waters. "Eel River andRussian. River Waters" means any water originating in, or flowing through the territory of this commission in the Eel River or Russian River watersheds. SECTION 2.10. Potter Valley Project. "Potter Valley Project" means all_ of the real and personal property and other assets and works operated by Pacific Gas & Electric Company in connection with Federal Energy Regulatory Commission, Project-No. 77. SECTION 2.11. NEW WATER% "New Water" means the development of additional water for appropriation either by diverting or storing water not already subject to a valid water right. SECTION 2.12. MEMBEK AGENCY. "Member Agency" means an agency which has signed and become a party to this Agreement. SECTION 2.13. SURPLUS FUNDS. "Surplus. funds" means funds, of the Commission which are not needed for its current operations (existing monthly expenses-or expenses-it will incur within, ninety (90) days), to satisfy short term debt (debts due and payable within ninety (90) days), or obligated under_ the terms of project specific participation agreements as authorized by Section 6.02(A) (5) or other valid agreements of the Commission. SECTION 2.14. RIGHT' OF FIRST REFUSAL. "Right of first refusal:' means the right set forth in Section ~. The Commission shall have-the exclusive right to apply for additional water rights or otherwise develop new water on its own behalf or on behalf of its Memb. er_ Agencies, unless: a. A Member Agency has undertaken an investigation of a Project before the effective date of this Agreement; or b. Subject to the Commission protecting the confidentiality of the-information provided by the Member Agency to the maximum_ extent permitted by law, a Member Agency has presented a written proposal to the- Commission which contains, at a minimum: (1) The amount of. water the agency wishes to apply for or develop; storage-; required; (2) The point or points of diversion and/or (3) The dates of diversion and/or storage; (4) A description of the physical improvements (5) An estimate of project-cost; (6) A schedule- for making application and constructing the improvements~ and (7) Such additional information as the Commission may reasonably request in order to evaluate the merits of the proposal (provided the information is reasonably available to the Member Agency without undue cost); and c. Within the time required by this subsection (b), the Commission has failed to notify the Member Agency that it will make application and construct-the improvements in accordance with the proposal. The Commission must provide said notice to the Member Agency within six months after submission of the proposal, or within a shorter period specified by the Member AgenCy, if the Member Agency can demonstrate that a shorter response time is reasonably required to comply with the proposed schedule and the Member Agency has submittedthe proposal within a reasonable time after it first-began to consider it; or d. After providing such notice, the Commission fails to make application or construct the improvements in accordance with the proposal. SECTION 2.15. GENDER: Where the masculine gender is_ used in this. document it shall be interpreted as referring to both masculine and feminine gender. ARTICLE III'- PURPOSE_ SECTION 3.01. Purpose.. It is the purpose of this. agreement to provide a united, coordinated, orderly, positive and more effective- means for the following- purposes: (1) the acquisition of water works and power plant and related assets and rights; and (2) to undertake any act necessary for preservation of the continued Eel. River diversions into the Russian River watershed; and (3) to undertake any act necessary for the maintenance of the viability ofthe PG&E Potter Valley Project; and (4) to purchase-or otherwise acquire the same; and (5) to conduct negotiations and enter agreements with persons, agencies and entities located outside of Mendocino County and with State and Federal Governmental agencies respecting Eel River and Russian River Waters; and (6) to create sinking funds, and; (7) to raise the funds necessary to support the administration of the commission by taxes, bonds, benefits of assessment, user fees and by all other legalmeans and to otherwise support the purposes of this agreement for the general benefit of all the citizens of the signatories by (8) establishing a separate Mendocino Inland Water and Power Commission; and (9) by vesting this Commission with power (a) to effectively coordinate the formulation, administration and implementation of the purposes of this agreement; and (10) to establish, appropriate operating and advisory committees to conduct public hearings, to assist the Commission in carrying out the foregoing purposes and to assist the Commission in the implementation of projects and programs to carry out the-purposes of this agreement. ARTICLE IV - FORMATION AND ORGANIZATION SECTION 4.01. Creation of Commission. Pursuant to the Act, there, is hereby created a public entity to be known as the "Mendocino Inland Water and Power Commission", herein called "Commission." The Commission is a public entity, separate- and apart from the-parties to this agreement and said Commission shall administer this_ agreement. SECTION 4.02. Governing Board. The Commission shall be governed by a Board of Directors composed of members from the governing board of-each of the following public entities (1) the Water Agency one. member, (2) PVID one member, (3) Redwood one member, and (4) Flood Control one member, and (5) Ukiah one member. SECTION 4.03 Alternates. The Water Agency, PVID, Redwood, Flood Control and the City shall also appoint from its respective governing board, one alternate member of the Board of Directors. The alternate may attend and participate in, but not vote, at any meeting of' the Board of Directors of the Commission. The alternate- may take. the. seat of the regular member at the commission table and may vote at any meeting of. the Board of Directors of-the Commission at which the regular, member from the alternate's public entity is absent. SECTION 4.04 Membership, A. Each member (and alternate member) shall serve at the pleasure of the appointing public entity. If a person serving as a member (or alternate) ceases to be a member of- the governing board of-the-public entity that appointed such person to serve as a member (or alternate) on the Board of Directors of the Commission, he or she shall at the same. time. cease-to be a member (or alternate) of the Board of Directors of. the Commission. Such public entity shall proceed without undue-delay to appoint a new member (or alternate) as the case. may be. B. Ail voting 9ower of the Commission shall, reside-in the Board o~ Directors. C. A member of the governing board of the public entity that appointed such person as a member of the Board of Directors of the Commission may serve simultaneously as a member of the governing board of such appointing public entity and as a member of the. Board of Directors of the Commission. D. No person while serving as a member of the Board of Directors of the Commission shall be eligible to be appointed to any salaried office or employment in the service of the Commission nor shall_ he or she become eligible for such appointment within three-years after he or she-has ceased to be a member of the Board of Directors of the Commission. E. The members of the Board of Directors of the Commission shall serve without compensation. This shall not affect in any way remuneration received by a local public official who, in addition to his/her responsibilities as a local public official, serves as. a member of the Board of Directors of the-Commission. All. members of the Board of Directors of the Commission may be reimbursed for reasonable and necessary expenses incurred in the performance of their duties as such members. Reimbursement of expenses shall~be subject to approval of the Board of Directors of the. Commission. 10 SECTION 4.05. Regular Meetings~ The Board of Directors shall_ provide for its regular meetings. The date, hour, and place of the holding of regular meetings shall be fixed by resolution of the Board of Directors, and a copy of such resolution shall be filed with each party hereto. SECTION 4.06. Ralph M. Brown Act. All meetings of the Board of Directors, including, without limitation, regular, adjourned regular and special meetings, shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of-the Government Code of the-State of California). SECTION 4.07. Minutes. The secretary of the Commission shall cause to be kept minutes of the meetings of the Board of Directors and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each member of the Board of Directors and to each public entity that is a party to this agreement for approval at the next regular meeting of the Commission. SECTION 4.08. Ouorum. Three (3) members of the Board of Directors shall constitute a quorum for the transaction of business, except that less than a quorum may adjourn, from time to time. An affirmative vote of at least three (3) members of the Board of Directors shall be required to take action on all matters. SECTION 4.09. Rules. The Board of Directors of the Commission may adopt, from time to time-., such by-laws, rules and regulations_ for the conduct of its meetings and affairs as are 11 necessary for the purposes hereof. SECTION 4.10. Office. The Board of Directors of the Commission may establish and maintain an office- within the territory encompassed by the Commission as it' deems will best facilitate the accomplishment of the objectives and purposes of the Commission. SECTION 4.11_. Boundaries, The Commission shall_ encompass (1) all_ of the territory within and between the geographical boundaries of PVID, Redwood and Flood Control; and (2) it shall_ include all_ real property located in Mendocino County within the-watershed of Eel River from the Mendocino County/Lake County Line on the East to the- toe-of Cape Van Horn Dam on the West-; and (3) the Potter Valley Project tunnel from Van Arsdale Reservoir on the North to the PG&E Power House in Potter Valley on the South. Immediately after the Commission is created and the first- Board appointed the. Board shall instruct- an engineer to prepare a metes and bounds legal description and a map showing the exterior boundaries of-the Commission boundaries if it is required by law to do so or if the Commission deems it appropriate. The Commission may expand those boundaries as the Commission may from time to time see fit. If the boundaries of a signatory (other than the. County) expand by annexation or merger beyond the original boundaries of the Commission boundaries, then the- Commission boundaries will automatically extend to the signatories new boundary. 12 ARTICLE V - OFFICRRS AND EMPLOYEES SECTION 5.01. Chairman, Vice-Chairman and Secretary, The Board of Directors shall elect a Chairman and Vice Chairman from among its members at its first meeting. Thereafter at its first meeting in each succeeding calendar year, the Board of Directors shall, elect a Chairman and Vice Chairman. Each officer shall, assumethe duties of his/her office upon election. If either the Chairman or the Vice Chairman ceases to be a member, the resulting vacancy shall, be filled at the next regular meeting of the Board of Directors held after such vacancy occurs. The Chairman shall, preside at and conduct all meetings of the Board of Directors. A. The Board of Directors shall select a Secretary who may, but need not, be- a member of the Board of Directors. The Secretary shall_serve at the pleasure of the Board of Directors and shallperformthoseduties and functions customary to the office of Secretary of a public entity. B. The Chairman shall sign all contracts on behalf of the Commission and perform such other duties as may be imposed by the Board of Directors; and C. The Vice Chairman shall act, sign contracts, and perform all of the Chairman's duties in the absence from the County of Mendocino of the Chairman and in the event the Chairman is not able- to so act due to reasons of illness, disqualification, or conflict of interest. 13 SECTION 5.02. Treasurer. The Treasurer-Tax Collector of the County of Mendocino is hereby designated as the Treasurer of the Commission and as the depositary to have- custody of all the money of the- Commission from whatever source. The Auditor- Controller of the County of Mendocino is. hereby designated as the Auditor-Controller of the Commission. The Treasurer-Tax Collector and the Auditor-Controller shall have the duties and obligations set forth in Section 65'05- and 6505.5 of the Act and shall assure that there shall be strict' accountability of all funds and report of all receipts and disbursements of the Commission. The governing board may select another treasurer or auditor controller after adoption of this Joint Powers Agreement. The Board of Supervisors of the County of MendoCino shall_ determine the reasonable charges to be made against the Commission for the services of the Treasurer-Tax Collector and Auditor- Controller, such charges not to exceed the actual cost to the County of such services. SECTION 5'.03. Bonding Persons Having Access to Property, From time-to time, the parties hereto shall_ designate the public officersor persons, in addition to the Treasurer-Tax Collector and Auditor-Controller, having charge of handling or having access to any property of the Commission, and shall_ further designate the respective amounts- of the- official bonds of the Treasurer and Auditor-Controller and such other persons pursuant to Section 65057.1 of the Act. 14 SECTION 5.04. Enqineerinq and Leqal Advisors. The Board of Directors-may select, appoint, employ and retain engineering and legal advisors of the Commission, who shall perform such duties as may be prescribed by the Board of Directors. The Board may select an engineer or legal advisor of one of the signatories to serve in these capacities. SECTION 5.05. Other Employees. The Board of Directors shall have the power to appoint and employ such other officers, employees, and may contractwith consultants and other professional persons or firms as it considers necessary for the purposes hereof. SECTION 5.06. Compensation. The Board of- Directors shall determine the compensation of, and pay from Commission funds (including payment from funds which the Commission may receive from time to time in the form of federal and state grants) the salaries, wages, fees and other compensation of such planning, engineering, legal., financial, or other technical and professional personnel, consultants, and other employees of the Commission. SECTION 5.07. Non-Civil Service. Nothing herein contained shall be construed as making the Commission a department of any party to this agreement or as placing any of the-officers, counsel, personnel, or employees of the Commission under any other form of specially protected employment right or status. ARTICLE' VI-- POWERS SECTION 6.01. Subject to the limitations on the- commissions powers set forth in Section 7.01 of this agreement, the Commission is hereby authorized, in its own name, to do all acts 15 necessary for the exercise of the foregoing powers to accomplish the purposes, of-this agreement including, but not limited to, any or all. of the following: A. As provided in the Act', the Commission shall be a public entity separate from the parties hereto. The Commission shall have- the power to aid and assist in the formulation, administration and implementation of.: (1) to acquire water works and power plants and related assets and rights; (2) to undertake any act' necessary for the preservation of the continued Eel River diversion into the Russian River watershed; (3) to undertake any act necessary for the maintenance of the viability of the PG&E Potter Valley Project; (4) to purchase or otherwise acquire the same; (5) to conduct-negotiations and enter agreements with persons, agencies and entities located outside of Mendocino County and with State and Federal Governmental agencies respecting Eel River and Russian River Waters; (6) to develop other sources of water for the benefit of the commission's constituents either alone- or in conjunction with other agencies. (7) to raise the funds, necessary to support the administration of the Commission and the purpose-of this agreement by (a) imposing taxes, (b) incurring bonded indebtedness and issuing bonds, (c) by levying benefits of assessment, (d) by 16 imposing user fees, and (e) by securing grants and loans from government agencies and others. (8) to establish appropriate operation and advisory Committees to conductpublic hearings, to assist the Commission in carrying out the purposes of the Commission, and to assist the Commission in the implementation of projects and programs to carry out the purposes-of the Commission; and (9) to further administer, coordinate, promote, carry out and implement the purposes of this agreement as referred to in Section 3.01 of Article III hereof. B. T° make-and enter into contracts; C. To employ agents, employees, consultants, and independent contractors; D. To acquire, hold or dispose of- real, personal and intangible, property, or any interest therein, by deed, purchase, lease-, contract, gift, devise, or otherwise. E. To sue and be sued in its own name, except as otherwise provided by law. An action to determine the validity of any contract may be brought pursuant to Chapter 9 (commencing with Section 860) Title 10, Part 2 of the Code of Civil Procedure of the State of California. F. To incur debts, liabilities or obligations, provided that no debt, liability or obligation shall constitute a debt, liability or obligation of any of the separate public entities that are parties to this agreement; provided that the total debts, liabilities or obligations incurred in any fiscal, year do not 17 exceed the revenue received in the same fiscal year, unless in the form of a bond properly issued by the Commission. G. To apply for, accept, receive and disburse grants, loans and other financialassistance from any agency of the United States of America or of the State of California, or from any other public agency or from other sources, Public or private, and expend such funds for the purposes set forth in this agreement; H. To invest any money, that is not required for the immediate necessities of the Commission, as the Commission determines is advisable, in the same manner and upon the same conditions as apply to local agencies, pursuant to Section 53601 of' the Government' Code of the State of California; I. TO carry out and enforce all the provisions of this agreement; J. To contract for and obtain insurance-against any insurable risk reasonably anticipated to result from the exercise of any powers or functions of the Commission or the performance-of any duties by the officers and employees of the Commission; K. To make, adopt, amend, and repeal its by-laws, rules, ordinances, resolutions and procedural regulations not inconsistent with, and to carry into effect, the powers granted in and purposes of this. agreement; L. To perform such duties and functions as may be necessary or appropriate, for the-coordination of federal or state assisted programs and projects within the geographical boundaries of the Eel and Russian River watersheds; 18 M. To do and perform any and all_ acts necessary to participate- in federal or state assisted projects within, or without, the jurisdictional boundaries' of the Commission, including, without limitation, applying for, accepting and administering grants or other financial assistance from the federal government, the-state-, or other public agencies, or from any other sources, public or private, for such projects; to sue and expend such funds for any of the purposes as described or referred to in this agreement; and to enter into and carry out contracts or agreements in connection therewith which are not inconsistent with the purposes, and powers of the Commission as set forth in this agreement; and N. To aid and assistmember entities and other public agencies in the application for economic support of appropriate projects and programs. O. To adopt a seal and alter it at its pleasure. P. To acquire property through the power of eminent domain. SECTION 6.02(A). Deleqated Powers, The signatories delegate-to the-Commission the right to act on behalf of any and all of the signatories in the following areas: (1) to negotiate for and to purchase or otherwise- acquire the Potter Valley Project from PG&E; (2) to undertake any act necessary for the preservation of the continuedEel River diversion into the Russian River watershed; 19 · (3) to undertake any act necessary for the maintenance of the-viability of the PG&E Potter Valley Project; (4) to undertake any act necessary for and negotiate, and otherwise deal with persons, agencies, and entities located outside- of Mendocino County and with State and Federal_ Agencies respecting EelRiver and Russian River Water supply issues (as defined-in §2.09). (5) to apply for and otherwise develop water and water rights ("a Project") for the benefit of the territory of the Commission, subject to: (a) the Commission's right of first refusal; and (b) a participation agreement among those Member Agencies participating in the Project that sets forth the terms of- that participation, including, but not limited to, each Agency's participation in financing the Project, its share of project benefits and debts and its rights and duties, if. the participating Member Agency seeks to terminate its participation in the Project or its membership in the Commission. (6) Ail_ future water applied for by the various agencies will_ be applied for by the Commission subject to an agency's right to pursue a project if the Commission does not exercise- its right of first refusal, and apportioned upon withdrawal~ SECTION 6.03 Claims. All claims_ and actions for money or damages against the-Commission and its officers and employees are governed by Division 3.6 (commencing with Section 810) of Title 20 I of the- Government Code of the State- of' California. The Commission shall be deemed a "public entity" within the meaning of Division 3.6 of Title-I of said Government Code-. SECTION 6.04. Interests in Contracts. The-provisions of Article 4 (commencing with Section 1090), Article 4.5 (commencing with Section 1100), and Article 4.6 (commencing with Section 1120), Chapter 1, Division 4, Title I, and Sections 87100 et seq. of the Government Code. of the State of California prohibiting certain financial interests in public contracts and pertaining to conflicts of interest shall apply to the officers, directors, and employees of the Commission. SECTION 6.50. Enforcement by Commission. The Commission is hereby authorized to take any or all legal actions necessary and permitted by law to enforce this agreement. ARTICLE_VII- RESTRICTIONS ON POWERS SECTION 7.01. Specific Restrictions. The following specific restrictions on the powers and functionsof the Commission shall_ apply and be observed by the Commission: A. The-Commission shall not interfere in the internal affairs of a member entity. B. The Commission shall_ have-no veto power over grant- applications submitted to state or federal agencies by a member entity. C. The Commission shall_ not have the power to acquire, by eminent domain or otherwise, the water or water rights of a 21 signatory hereto nor of any private water rights owners within the Commission's territory. D. The signatories do not delegate to the. Commission their respective water, water rights, contracts with third parties or between signatories, nor the right to perform, enforce or negotiate with respect to the same. E. No tax will be imposed upon the citizens' of' the. Commission without prior approval of the Boards of the-respective signatories, and compliance with State law. F. The Commission shall not have the- power to participate-., by intervention or otherwise, in litigation or administrative hearings, between one of the members and any other party respecting that members water right or contract rights relating to its water-, without the consent of that member. ARTICLE_VIII - METHOD OF PROCEDURe- SECTION 8.01. Assumption of Responsibilities. Upon completion of the. initial organization of the Commission and the selection of a Chairman and Vice Chairman, and the appointment of the Secretary and Engineering and Legal Advisor, the- Commission shall proceed to carry out its duties and responsibilities as set forth in this agreement. ARTICLE IX - FINANCIAL_AND INSURANCE PROVISIONS SECTION 9.01. Fiscal Year. The fiscal year of- the commission shall be from July i of each year to and including June 30 of the-following year. 22 SECTION 9.02 Insurance . The Commission shall secure and maintain insurance for personal injury in the minimum amount of $1,000,000 per person and $3,000,000 per incident, or more, and for damage- to property of' the Commission and others in the- minimum amount of $1.,000,000 pe= incident, or more. SECTION 9.03. Contributions. The parties, hereto shall each contribute to the Commission within 30 days of approval, of this agreement by all five member agencies the-sum of $2,000.00. Any financial contributions other than set forth above-shall be made- only upon approval of the board of the- Commission and ratification by the boards of the member agencies. Theexpenditure of funds contributed to the Commission by the parties, hereto shall be used only for ordinary administrative and operating expenses of the Commission and for payment of fees and costs incurred or to be incurred by the Commission in . connection with the execution of-its purpose. SECTION 9.04. Annual. Budget, A. The Board of Directors of the Commission shall, on or before February I of each year, prepare and submit to each party hereto a budget estimate of' the expenses of conducting the Commission for the ensuing year. B. The budget estimate shall, be in such form as the Board of- Directors may prescribe using the guidelines, of the- California State Controller. The-budget estimate shall contain a summary of the fiscal policy of the Commission for the budget year and shall include data showing the relation between the total 23 proposed expenditures and the total anticipated income or other means of financing thebudget for the ensuing year, contrasted with the corresponding data for the current year. The. budget estimate may include-an unappropriated balance item to be- available- for appropriation in the. ensuing fiscal, year to meet contingencies_ other than contingencies resulting.from temporary insufficiencies in the revenues of-the-Commission. C. After submission of thebudget estimate, the Board of Directors shall fix a time and a place for hearing by the Board of Directors thereon. At thebudget hearing theBoard of Directors may increase or decrease-any item in thebudget estimate and may delete any item therefmom or add any new item thereto. Upon the conclusion of the budget hearing and not later than March 1 of each year the Board of Directors shall approve the budget estimateassubmitted to the parties hereto or as revised by the Board of Directors, and thereupon the same shall constitute the final budget for the ensuing fiscal year. The-several items of' the final budget shall be. deemed appropriated for the ensuing fiscal year in the amounts and for the purposes specified in the final_ budget-. SECTION 9.05. Records and Accounts. The Commission shall cause to be kept accurate and correct books of account, showing in detail the costs of administration, bond interest, bond redemption, operation and maintenance, and all financial. transactions of the Commission. Said books of account shall, be 24 open to inspection at all time during normal working hours by the public or any representative of any of the-parties hereto, or by and accountant or other person authorized by any party hereto to inspect said books of account. The Auditor-Controller shall, in accordance with Section 6505 of the Act, cause the-books of account and other financial records of the- Commission to be audited annually. ARTICLE X - TERMINATION SECTION 10.01. Term. This agreement shall be effective 30 days after this agreement is approved by each of the member agencies, and shall continue until rescinded or terminated by agreement of all the parties hereto, provided that termination shall, not occur less than six months before-the end of the fiscal year. SECTION 10.02. (A) Disposition of Assets. On the termination of this Agreement, and subject to project specific participation agreements, as provided in Section 6.02(A) (5), surplus money of the Commission shall be distributed to the-Member Agency in the same proportion that the contribution paid by each Member Agency bears to the total contributions by the Member Agencies. All other assets of' the Commission, both real and personal, tangible and intangible, shall, be-disposed of in such manner as the Member Agencies shall agree. Until the Member Agencies haveagreed, the Commission shall hold theassets in trust' for them. (B) Disposition of Liabilities: To the- extent 25 permissible by law the debts and liabilities of the Commission shall, not become the debts and liabilities of the member agencies. (C) Any debt incurred pursuant to a specific participation agreement shall, be disposed of upon termination of this agreement or withdrawal of a member as provided for in that agreement. ARTICLE XI- MISCELLANEOUS PROVISIONS SECTION 11.01. Notices.. Notices hereunder shall be sufficient if delivered to: The Chief Administrative officer of each party hereto or to such other person and address as a party hereto may request in writing to the Commission from time to time. Notice to the Commission shall be sufficient if delivered to the Office of the Secretary of the Commission. SECTION 11.02. Amendment of. Agreement. This_ agreement may beamended only by an agreement, in writing, approved by all of the then participating public entities. Approval of the Board of Directors of the Commission shall not be required for amendment of this agreement. SECTION 11_.03. Partial_Invalidity, If any one or more of the terms, provisions, sections, promises, covenants, or conditions- of this agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever, by a court of competent jurisdiction, each and all. of the remaining agreement shall_ not be affected thereby, and shall be valid and enforceable to the fullest extend permitted by law. 26 SECTION 11.04. Withdrawal of Member. A Member Agency may terminate its membership in the Commission at any time after first providing the Commission with six months notice of its intent to terminate- ("a termination notice"). Subject' to project specific participation agreements as authorized by Section 10.02 (A), (B) and (C), upon termination, the Commission shall, provide the Member Agency with its pro rata share of surplus funds of the Commission as of the date when the. Member Agency first provided the Commission with a termination notice. SECTION 11.05'. Notice to Secretary of State. The Secretary of the Commission shall be responsible for preparing and filing the notice to the Secretary of State of this joint exercise of powers agreement, pursuant to the provisions of-Section 6503.5 of the Government Code of the State of California. IT' WITNESS WHEREOF, the parties hereto have caused this agreement to be executed and attested by their proper officers thereunto duly authorized, and their official seals to be-hereto affixed, as of the date and year first above written. 27 (SEAL.) ATTEST. · MENDOCINO COUNTY WATER AGENCY OF' THE: COUNTY OF MENDOCINO BY Chairman of the Mendocino County Water Agency County Clerk and ex officio Clerk of the Board of Supervisors of the County of Mendocino, State of California BY Deputy Clerk POTTER- VALLEY IRRIGATION DISTRICT (SEAL) ATTEST: Chairman of the-Board of' the, Potter Valley Irrigation District' County Clerk and ex officio Clerk of the Board of Supervisors of the County of' Mendocino BY Deputy Clerk REDNOOD VALLEY COUNTY' WATEK DISTRICT7 (SEAL) ATTEST-: Chairman of the-Board of the Redwood Valley County Water District County Clerk and ex officio Clerk of the Board of Supervisors of the County of Mendocino, State-of California BY Deputy Clerk 28 MENDOCINO COUNTY RUSSIAN RIVER- FLOOD CONTROL AND WATER- CONSERVATION IMPROVEMENT DI STRT CT' (SEAL) ATTEST-: Chairman of the Board of the Mendocino County Russian River Flood Control and. Water Conser_vation Improvement District' County Clerk and ex officio Clerk of the Board of Supervisors of the County of Mendocino, State of California BY Deputy Clerk CITY OF' UKIAH (SEAL) ATTEST: Mayor of the City of Ukiah City Cl~.k 29 EXHIBIT~ "A" County o~ Mendocino Potter Valley Irrigation District Redwood Valley County Water District MCRltFC&WCID City of Ukiah 3O ITEM NO. 8b DATE: MAY 1, 1996 AGENDA SUMMARY REPORT SUBJECT: APPROVE AGREEMENT FOR THE ACQUISITION OF EASEMENT AND COMPENSATION FOR SEVERANCE DAMAGES AT 825 NORTH STATE STREET FROM MR. AND MRS. SHOEMAKER BY REASON OF THE STATE STREET/LOW GAP ROAD/BRUSH STREET IMPROVEMENT PROJECT The City Attorney has prepared an Agreement entitled "Agreement for Acquisition of Easement and Compensation for Severance Damages" outlining the terms previously discussed with City Council for the acquisition of rights-of-way at the northwest corner of the parcel located at 825 North State Street and the settlement of conflicting claims and reasonable compensation due the property owners by reason of severance damages. The Agreement has been submitted to the property owners for their signatures. It is contemplated that at the meeting, the City Attorney will present to City Council for their approval and acceptance an Agreement executed by Mr. and Mrs. Shoemaker. Monetary compensation to be paid to the property owners will be funded from Gas Tax funds budgeted for the State Street/Low Gap Road/Brush Street Traffic Signal Improvement Project, Account No. 300-9624. RECOMMENDED ACTION: Approve the Agreement entitled "Agreement for Acquisition of Easement and Compensation for Severance Damages" related to rights-of-way acquisition at 825 North State Street and the settlement of severance damages by reason of the contemplated Street Improvement Project and authorize the City Manager to execute the Agreement on behalf of the City of Ukiah. ALTERNATIVE COUNCIL POLICY OPTIONS: None recommended by the City Attorney. Both prospective parties to the Agreement have negotiated in good faith. Appropriation Requested: Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Mr. and Mrs. Richard Shoemaker David J. Rapport, City Attorney Rick H. Kennedy, Director of Public Works/City Engineer Candace Horsley, City Manager N/A APPROVE 3~.Candace Horsley, City Manager R:l~i~V:kk ASHOEIVlAI~ERS AGENDA SUMMARY ITEM NO. 9a DATE: May 1, 1996 REPORT SUBJECT: ADOPTION OF RESOLUTION OF INTENT TO ENTER CONTINUED LEASE WITH CALIFORNIA DEPARTMENT OF FORESTRY SUMMARY: As the Council is aware, staff has been discussing with representatives of the California Department of Forestry (CDF) an upgraded or new facility at the Ukiah Regional Airport. These discussions were prompted by concerns CDF had regarding the structural condition of their current facility, as well as its ability to service future aircraft. Three options relative to location and size of a new facility have been considered. Two of these options include a new.facility and new location and the third consists of a remodel of their current site. CDF staff have identified two general locations, one at the south end of the runway and the other at the north, which could support a new facility. The south end area is unoccupied and would be preferable to both CDF and City staff. The site would be accessed by Airport Road and the utilities will be available with the completion of the Mendocino Brewery Project. The facility would occupy approximately eight acres and contain a 6,000 square foot, two-story structure. (Continued on Page 2) RECOMMENDED ACTION- Adopt Resolution of Intent to enter continued lease with California Department of Forestry. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine resolution requires further consideration and remand to staff with direction. 2. Determine resolution is inappropriate and deny staff request to adopt Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: Yes Requested by: Prepared by: Coordinated with: Attachments: Acct. No.' (if budgeted) California Department of Forestry Larry DeKnoblough, Assistant Redevelopment Director Candace Horsley, City Manager and Don Bua, Airport Manager 1. Draft Resolution 2. Letter, dated April 5, 1996, from CDF APPROVED' ~ ~,o~_~n~ R:4/LD:ASRCDF Candace Horsley,- C~y ~anager SUMMARY (cont.) Page 2 The second option would be to locate the building on the site currently occupied by Ukiah Wholesale Lumber. That business currently occupies the site on a month-to-month basis and staff is negotiating a new lease with Frank Van Vrank, Manager of the business. It would be possible to structure the expiration of the lumber company's lease to coincide with CDF's relocation. However, this site is approximately half of what would be available to CDF on the south end and would support a smaller facility of approximately 4,500 square feet. Should neither of these options prove feasible, CDF is considering a remodel of its current facility. This option is the least expensive for CDF, however, the current site is inadequate to serve many of the new aircraft being implemented statewide by CDF. This could jeopardize the future of the Ukiah airbase site, should it be determined at a later date to relocate operations to a facility which meets standards for their aircraft. Both CDF and City staff agree that the best option is to pursue the construction of a new facility. CDF has received positive feedback from their main office regarding the submittal of a request for funds adequate to build a new facility through the State's budgetary Capital Projects process. Should this request be approved, CDF would fund the entire cost of constructing the new facility. A requirement of that process is that a request for funds be accompanied by a resolution of intent adopted by the City Council to enter into a long-term lease with CDF. A letter has been submitted (Attachment 2) by Ray Hebrard, Ranger Unit Chief, and Battalion Chief, Robert Ceriani, stating CDF's need and intent for a new facility and requesting a lease arrangement with the City. The time frame specified in the letter is 25 to 30 years, which would allow the State to justify the six to nine million dollars necessary to build this facility. Staff has attached a draft resolution for Council's consideration which identifies a minimum lease of 25 years but allows an opportunity for a longer term. Staff is requesting action to adopt the Resolution of Intent only. Action regarding the specific location and lease arrangements of a new facility is not necessary or requested at this time. Should the State approve CDF's request for funding, a specific lease agreement identifying specific site, terms, and conditions will be returned for Council's approval. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH STATING ITS INTENT TO ENTER INTO A LEASE AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF FORESTRY WHEREAS, The State of California Department of Forestry (CDF) has determined that its facilities located at the City of Ukiah Regional Airport are no longer adequate; and WHEREAS, The City Council of the City of Ukiah has determined that the presence of a CDF air attack station is essential to the health, safety, and the welfare of its citizens and surrounding environment, and CDF operations are consistent with the goals and objectives of the Airport Master Plan; and WHEREAS, The City Council has directed staff to negotiate an agreement with CDF which would continue to provide Airport property for lease to CDF. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah does hereby state its intention to enter into a ground lease agreement of at least 25 years with specific terms to be determined and approved by the City Council and CDF at a future date. PASSED AND ADOPTED this 1st day of May, 1996, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Fred Schneiter, Mayor ATTEST: Cathy McKay, City Clerk 4:Res:CDF STATE OF cAI.1FORNIA-THE RI~SOURC3ES AGENCY Attachment DEPARTMENT OF FORESTRY AND FIRE PROTECTION MENDOCINO RANGER UNIT 17501 N. Highway 101 Willits, CA 95490 (707) 459-7414 April 5, 1996 City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Dear Sir/Ms, The California Department of Forestry and Fire Protection Ukiah Air Attack Base facility is in need of replacement due to age and structural decay. The California Department of Forestry and Fire Protection is actively pursuing replacement of our current facility through Capital Outlay Project monies. As such, we would like to pursue, with the City of Ukiah, an alternate site on the Ukiah Municipal Airport property for future development and expansion. The California Department of Forestry and Fire Protection is eagerly awaiting a reply from the City of Ukiah whereby acquisition and use of City property ~ould be leased through a long-term lease agreement over a twenty- five to thirty year period. Sincerely, By ROBERT F. CERIANI BATTALION CHIEF RFC:bg ITEM NO. DATE: 9b May 1, 1996 AGENDA SUMMARY RE PORT SUBJECT: APPROVAL OF BUDGET AMENDMENT FOR HEALTH INSURANCE PREMIUMS AND AUTHORIZATION TO PAY REDWOOD EMPIRE MUNICIPAL INSURANCE FUND. As of July 1, 1995, Redwood Empire Municipal Insurance Fund (REMIF) terminated their group health insurance program. After a program is terminated, it takes some time for all claims to be submitted and processed. On April 17, 1996, the REMIF board of directors adopted refund and deficit rates for the closed health insurance program. The City of Ukiah's deficit in the fund totals $170,237. Payment is necessary to meet the City's obligation as a participant in the REMIF Health program. The only question is when the payment will be made. Whichever payment plan is adopted, the budget amendment must be made for the entire liability. The entire amount payable will be recorded as an expense of fiscal year 1995/96 under the generally accepted accounting principal of accrued expenses. REMIF offered five payment options: 1) Full balance paid now; 2A) Pay 50% now and 50% plus interest in 12 months; 2B) Pay 50% plus interest in 12 months and 50% plus interest in 24 months; 3A) Pay 33% now, 33% plus interest in 12 months and 33% plus interest in 24 months; and, 3B) Pay 33% in 12 months, 33% plus interest in 24 months, and 33% plus interest in 36 months. REMIF will charge interest at the rate paid by the Local Agency Investment Fund (LAIF) at the end of the month preceding the billing of balances due (probably February of each year). There is potential for the City to earn more investment income than would be paid to REMIF in interest expense. There is equal potential opportunity for the reverse to happen. Money is available in the Insurance Liability Fund #920 to make this payment. The way to be certain that the total cost of this item is not greater in the future, is to pay it now. Staff recommends payment option #1 which eliminates potential future costs and additional record keeping. RECOMMENDED ACTION: 1) Approve a budget amendment for Fund #920 expenses of $170,237. 2) Authorize the payment of $170,237 to REMIF (Option #1). ALTERNATE COUNCIL POLICY OPTIONS: Approve one of the alternate payment options. Prepared by: Attachments: Gordon Elton, Finance Director April 19, 1996 letter from REMIF with attachments Fund balance worksheet - Fund #920 APPROVED: 'JCan~-dace Horsley, mt[ty GE:HEALTHPA.AGN Manager ~EMIF REDWOOD EMPIRE MUNICIPAL INSURANCE FUIqD April 19, 1996 414 1~: Napa St, · !:0. Box 88q · ,S'onoma, CA 95476 Members: Rolmert Park Cloverdale .~'ebastopol th,ahlshttrg I ~klah Associate I5..t Bra.t~ Members: ~:or/Iota , trcata fakeport Etttx'ka 31. tlelella 707 ~8. Z~88 , I'~tx 707. c)38.1~7-# I[?ndsor B'71lits Candace Horsley City Manager City of Ukiah 300 Seminary. Avenue Ukiah, CA 95482 Dear Candace, As you are aware, the Board adopted the refund and deficit rates for the closed REMIF Health Fund program on 4/17/96 (see attached). As a result, your city has a deficit of $170,237 that must be paid to REMIF. If that amount is received by 5/17/96, no intereSt will be charged on the amount due. If your city chooses to use the payment plan adopted by the Board (see attached), in October of 1995, please notify Margaret in writing by 5/17/96. Your prompt response in this matter will be greatly appreciated. ' J~FZr}. DAVIS ' : General Manager JJD:dd cc: Finance Officer Leinster Results , The final allocation percentages and fund balances, by city, calculated as of February 29, 1996, are shown in the table below: Arcata 1.9% $ 23,946 Cloverdale 0.4 5,243 Cotati 26.6 341,101 Fort Bragg -11.5 (147,745) Fortuna 14.2 182,009 Healdsburg -4.8 {61,900) Lakeport 0.8 9,772 Rohnert Park 38.8 498,736 Sebasto poi 13.8 177,137 So noma 14.3 183,315 Ukiah -13.3 (170,237) Willits 18.9 243,123 Total 100.0% $1,284,500 The fund balances shown have been precisely determined. The percentages shown have been rounded to the nearest tenth of a percent. Towers Perrin II ATTACHMENT A HEALTH PLAN DEFICIT PAYMENT OPTIONS o Lump-sum payment -- One payment for the entire amount, due thirty (30) days after the REMIF Board of Directors' meeting at which the deficit amount is set. (No interest charged). o Two (2) equal payments -- ($75,000 or less due) First payment due (50% of amount) either thirty (30) days after the REMIF Board of Directors' meeting at which the deficit amount is set (no interest on this payment) - OR - 50% of amount due plus interest (LAIF rate) on the entire amount twelve (12) months after the bo~d meeting. Second payment (total remaining amount) plus interest (LAIF rate) on the balance due either twelve (12) or twenty-four (24) months, depending on the timing of the first payment, after the board meeting. . Three equal payments (over $75,000 due) First payment due (33m% of amount) either thirty (30) days after the REMIF Board of Directors' meeting at which the deficit amount is set (no interest on this payment) - OR - 33u3 % of amount due plus interest (LAIF rate) on the entire amount twelve (12) months after the board meeting. Second payment (33m% of original amount) plus interest (LAIF rate) on the balance due either twelve (12) or twenty-four (24) months, depending on the timing of the first payment, after the board meeting. Third payment (total remaining amount) plus interest (LAIF rate) on the balance due, either twenty-four (24) or thirty-six (36) months, depending on the timing of the tn:st payment, after the board meeting. If the city chooses to pay the balance early, it should notify REMIF of the anticipated date of payment in writing. The' balance due plus interest (LAIF rate) will be billed upon receipt of the city's request. The interest rate is defined as the LAIF interest rate REMIF is receiving at the end of the month preceding the billing of the balances due. - EXAMPLE $90,000 DUE OPTION 1 ..... OPTION 2 ., OPTION 3 A' B A B .30 DAYS PAYMENT $ 90,000 $45,000 0 $30,000 0 INTEREST _0_ 0 0 0 0 '. ... 12 MOS. (LAIF=5%) PAYMENT 0 $45,000 $45,000 $30,000 $30,000 INTEREST 0 2,250 4,500 3,000 4,500 24 MOS. (LAIF=6%) PAYMENT 0 $45,000 $30,000 $30,000. INTEREST 0 2,700 1,800 3,600 36 MOS. (LAIF=6.5%) PAYMENT 0 0 0 0 $30,000 INTEREST 1,950 - TOTAL PAID $ 90,000 $92,250 $97,200 $94,800 $100,050 LIABILITY RESERVE - FUND #920 Bud.qeted amounts: Beginning fund balance 7/1/95 Premium rebates Premiums paid Budgeted ending fund balance 6/30/96 $ 639,740 $ 100,000 $ (236,354) $ 503,386 Adjustments made durinq the fiscal year: Date Approved 7/1/95 Change in beginning fund balance per audit 5/1/96 REMIF Health Insurance expense Account No. $ 5,916 $ (170,237) Revised ending fund balance 6/30/96 $ 339,065 RESERVES.XLS 4/22/96 Page 4 Fund 900; 910; 915; 920; 940 ITEM NO. 9c DATE: May 1, 1996 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION OF COMMUNITY ATTITUDES SURVEY AND 1996-97 APPLICATION PROCESS FOR GRANT FUNDING TO NON-PROFIT AGENCIES During the Budget Sessions for the Fiscal Year 1995-96 City of Ukiah Budget, the Council approved staff's recommendation to budget $15,000 for a Community Attitudes Survey. These monies would be used to hire a consultant to formulate, distribute, retrieve, and report on the resulting answers from the community on relevant City and community issues. In addition, $30,000 was allocated towards community organizational support, which was allocated and distributed in the first part of the fiscal year. At this time, staff is requesting that Council discuss and review the budget appropriation in Public Outreach/Public Information Services, Account No. 100-1945 for the Community Attitude Survey, in the amount of $15,000. This request is being made due to the fiscal constraints and conditions that are apparent at this time. If the Council desires to continue with the Survey, staff will proceed to initiate the process immediately. In addition, staff would recommend that the community organizational support funding applications be held until after Council has approved a budgeted funding level, rather than requesting the applications be received before the Council has even considered a dollar amount. These applications could be distributed immediately after the Budget is adopted. RECOMMENDED ACTION' Council discuss and consider staff recommendations regarding Community Outreach/Public Information Services Fund. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Make no changes to the budgeted funding. Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: Prepared by: Coordinated with: Attachments: Acct. No.' 100-1945 (if budgeted) Candace Horsley, City Manager 1. Page 66 of Fiscal Year 1995-96 Budget APPROVED:.~-----~ -- .-~¢~"~~ R:4/Can:ASRAdj Candace Horsley, City ~/lanager AGENDA SUMMARY ITEM NO. 9d DATE: MAY 1, 1996 REPORT SUBJECT: DISCUSSION OF CITY CLERK POSITION During the 1995-96 fiscal year budget sessions the City Council considered an adjustment to the salary provided the City Clerk. The Council action however directed the matter be returned for discussion of job criteria, particularly hours at the Civic Center to be available for the public and to complete other duties pertinent to the position. Prior to specific ordinance language being proposed to implement the adjustment, deliberation by the Council and direction to staff is necessary. The funding identified in the budget is a four percent increase over the current salary of $18,600 for a total of $19,344. Currently the City Clerk is averaging 21.5 hours per week comprised of daily office time from 8:30 am to noon, afternoon hours on agenda Fridays, and setup/minute taking at City Council meetings. The current hourly rate is above "A" step of all miscellaneous employees except Engineer in Training and Senior Civil Engineer. The level equates to the Controller and Airport Manager positions in the Management Unit. In addition to the hourly wage, total compensation includes a portion of retirement and all health insurance costs. The limited time the City Clerk is physically in the office has created a burden on other staff, particularly the Secretarial Pool, and created situations in which appropriate coverage has been compromised or response to the public has not been what it should be. A minimum of 10 additional hours per week is necessary to meet the public related demands of this position. (Continued on page 2) RECOMMENDED ACTION: Discuss issues regarding the City Clerk position and provide direction to Staff. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine additional information is necessary prior to any discussion, identify the desired data, and defer discussion to a future meeting. 2. Determine City Code is appropriate as it is currently constituted and take no further action. Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Acct. No.: N/A Yes CathyMcKay, CityClerk { ,^ ~. / ,~, ~^ ~ " Michael F. Harris, AICP, Assistant City Manager David Rapport, City Attorney and Candace Horsley, City Manager 1. Chapter 3, Article 5 of the Ukiah City Code, page 1. H0rsley, Ci-ty'~vla~ager DISCUSSION OF CITY CLERK POSITION MAY 1, 1996 Page 2 The subject of certification and qualifications has been raised and it should be noted that to date more than $15,000 of General Fund monies have been expended for certification purposes. Though training has been deemed a high priority by the City Council, it might be questioned whether such expense should be borne solely by the City for an elected official. The possibility exists to share these costs with the individual or provide appropriate compensation once tested proficiencies are assured. The City Clerk has requested a policy for additional compensation reflecting certification. Staff is researching this matter and will be developing a position for future Council consideration. The level and complexity of the position for the City of Ukiah must be understood. Though there are a myriad of other duties specified in State and local statues, at this time the City's top priorities for this official are the organization and maintenance of records (including taking of City Council minutes) and personal availability for their retention, as well as personal attention to the requests of the public. Because of the necessity for this position to be directly available to the public for one on one service, and to staff, to assist in responding to queries and concerns from the citizenry, adequate hours "on the job and in the office" are required. 32 hours a week (including City Council meetings and daily office hours from 8:30am to 3:00pm) appears to be a minimum to meet the demands and expectations of this position. An alternative to the expanded coverage by the City Clerk, would be to transfer the budgeted amount to the Secretarial Pool account (100.1905) to provide temporary staffing during those times when the office is unoccupied. This would entail a budget amendment request. As noted earlier, there are several issues to be addressed by the Council relative to the City Clerk position. It is appropriate for these discussions now since the voters determined the position should remain an elected official, but specific job requirements were not prescribed. Staff recommends that the City Council consider these matters and provide direction relative to Code changes, staffing commitments, or other topics the Council may define as appropriate. Pursuant to Council direction, Staff will return the revised ordinance or budget amendment request the next Council meeting. mfh:asrcc 5196CLERK §350 CHAPTER 3 OFFICERS AND EMPLOYEES ARTICLE 5. CITY CLERK §350 SECTION: §350' Compensation; Bond §350: COMPENSATION; BOND: The Clerk of the City shall receive as total compensation the sum of eighteen thousand six hundred dollars ($18,600.00) per year payable monthly. The City Clerk shall be bonded in the sum of twenty five thousand dollars ($25,000.00). The bond fee shall be a proper charge against such funds of the City as the City Council shall designate. This increase in compensation shall be retroactive to July 1, 1990. (Ord. 288, §2, adopted 1929; amd. by Ord. 847, §1, adopted 1985; Ord. 856, §1, adopted 1986; Ord. 909, §1, adopted 1990) 1021 CONFIDENTIAL MEMORANDUM TO: FROM: Mayor Schneiter City Council Candace Horsley, City Manager David Rapport, City Attorney Cathy McKay, City Clerk Mike Harris, Assistant City Manager ~ ~_~,._ . ~.~_~ DATE: April 26, 1996 SUBJECT: Agreement for Acquisition of Easement - Shoemaker Property Enclosed, for your review, is a copy of the above referenced agreement. This agreement will be discussed more fully by the City Attorney during Closed Session on May 1. MH/mh Enc. FM-26- l'-~'qF, 12: .J.JFf 1 FRE[H RAF'PE[RT '~ HAF.'.'.=;TE[N TF[ [ IK I AH P. 01 Law Offices Of RAPPORT AND MARSTON An Association of Sole Practitioners 200 W. Henry Street P.O. Box 488 Ukiah, California 95482 D~.Jvid j Rapport Lestcr J. Marston (707) 462-6846 FAX 462-4235 FAX TRANSMITI'AL contained in this facsimile message is legally privileged and confidential information intended solely for the use or entities named below If you are not such persons or entities, you are hereby notified that any distribution. reproduction of this facsimile message is strictly prohibited. If you have received this message ,n error, please (707) 462-6846 ACKNOWLEDGEMENT OF RECEIPT OF THIS FAX IS REQUESTED Date: Time: By: TO: Karen Yoast FAX NO: Ukiah DATE' April 26, 1996 FROM: Carol Notaro, CLA Office Manager PAGES; 13 (including cover sheet) HARD COPY WILL: FOLLOW VIA STANDARD UNITED SYATES MAIL FOLLOW VIA FEDERAL EXPRESS FOLLOW VIA HAND DELIVERY NOT FOLLOW MESSAGE: Attached is the Agreement for Acquisition of Easement (.Shoemaker} for the Agenda packets. Please let me know if you need the hard copy Thanks~ 134-2E,-:l. 99E, 12: 34Pr',1 FF..'.OI',I RFaF'F'OF, IT :% r',I~F..'.'.--;TL-IN TO UKI' ~H F', 82 AGREEMENT FOR ACQUISITION OF EASEMENT AND cOMpENSATION FOR SEVERANCE DAMAGES This Agreement is made and entered on , 1996, in Ukiah, California, by and between the City of Ukiah ("City"), a general law municipal corporation, and Richard M. Shoemaker and Leslie G. Shoemaker ("Shoemakers"), husband and wife, as joint tenants. RECITALS 1. City is undertaking a proposed street improvement project at the intersection of North State Street, Low Gap Road, and Brush Street in the city of Ukiah. In order to construct the project, the City requires an easement along the Brush Street and State Street frontages of property belonging to Shoemaker, located at 825 North State Street, Ukiah, California ("Shoemaker Property"). 2. Under an existing agreement, the City has already acquired the ten foot easement along the Brush Street frontage. 3. In addition to the already granted easement, the City requires an irregularly shaped portion of the subject property at the northwest corner of said property and having a total area of approximately 341..2 square feet as more fully described in the attached Exhibit A, which is incorporated herein ("Additional Easement"). 4. Because,the City must acquire the Additional Easement for the project, it is legally obligated to pay both for the value of A~ri! 26, 1996 ~q4-2E,-:l. 996 Lt. 2: 34F'r','l FF?.OI'I F..'.~F'F'OF..'.T :~.: r,I~RSTON TO IJt< ! ~H P, 83 the Additional EaSement and any severance damages caused to the remaining Shoemaker property by the construction of the entire project. 5. On or about October 18, 1995, the City approved an appraisal report for both the value of the Additional Easement and severance damages. 6. On or about November 20, 1995, the City offered the full amount of the appraisal to the Shoemakers for the Additional Easement. 7. Shoemaker~ questioned elements of the appraisal and contend that the p~operty was under-valued and certain elements of severance damages were not considered. City disputes these contentions. Since November 20, 1995, the parties have engaged in extensive negotiations, and agree that the terms of this Agreement provide a full, fair, and adequate settlement of their conflicting claims and reasonable compensation to the Shoemakers and that the City will have no Other or further obligation to the Shoemakers for the value of the Additional Easement or for severance damages. AGREEMENT WHEREFORE, in consideration of the above-recited facts and on the terms and conditions as further stated herein, the parties hereby agree as follows. 1. By no later than May 15, 1996, Shoemakers shall exec%~te and deliver to City for recordation a Grant of Easement for the Additional Easement in a form substantially in compliance with the attached Exhibit :B, which is incorporated herein by reference. s~\u~.agrm~sgg\sho~.4 ~ril 26, 1996 2 ~D4-26-L99E, 12: ~SF'I~I FF..'.OI'"I F..'.~qF'F'OF..'.T :."I I¥1~qF..ISTOI'..I TO 1_t4I~H P. Shoemakers shall convey the easement free and clear of all liens or encumbrances, except those expressly approved in writing by City. Shoemakers warrant and represen~ Chat they own full legal and equitable title to the Additional Easement and have the authority to convey it to City as provided herein. 2. By May ~5, 1996, CiUy shall pay Shoemakers $37,000.00. 3. As further compensation for the easement and severance damages, the City shall do the followinG: a. City shall not permit project related construction activity alonG the Brush Street frontage of the Shoemaker property that would interfere with access to the property until after July 15, 1996. City shall require construction to proceed in such a manner that some access will be available to the Shoemaker property at all times dr%ring construction. City shall pay Shoemakers $333 for each day after July 15, 1996, that there is no access to the Shoemaker property as a result of constructing the project. b. Above-ground telephone service, which must be relocated as a result of the project, will be reestablished at no cost to !Shoemaker. Two new 4" underground telephone service conduits for future use shall be installed by City as indicated on' the attached Exhibit C. Shoemaker or future property owner shall pay service provider for providing telephone cable. c. An electrical transformer must be relocated as a result of the project and as a7_~-e~.~ It of Shoemakers' request s ~u\agrmts96\shomkr.4 A~ril 2~, 1996 ~..-'14-26,-1'3'36 12: 3E, F'N FF..ION F..'.AF'F'ORT :% NAF..I'E;TON TO I_11.,~: I AH P. !.Z~5 for future underground electrical service. The new transformer shall be located on the Shoemaker parcel as shown on Exhibit C and Shoemaker shall dedicate a 12 foot wide by l0 foot deep easement for public utility purposes within sixty (60) days from the date of execution of this agreement. d. City shall reestablish sewer service to the Shoemaker property at no cost to the Shoemakers. The new sewer line will be four inches in diameter or will be the same diameter as the existing sewer line, whichever is greater. The City shall provide the Shoemaker property with two sewer connections as shown on the attached Exhibit C. e. City shall install a storm drain inlet at the northeast corner of the property at the location indicated on the attached !Exhibit C. The storm drain shall be constructed in accordance with applicable City standards and shall be maintained by the property owner at the property owner's expense. As a result of item h herein, it may be necessary to modify the drain inlet or install a catch basin when the east portion of the Shoemaker's parcel is developed. The expense for such modification shall be borne by the Shoemakers or subsequent property owners. f. City shall install conduits and pipelines for underground utilities, including electrical service at the location indicated on the attached Exhibit C, excepting Cable TV service. Locations of new and existing utilities are approximate and City reserves the right to make minor A~ril ~6, 1996 ~34-2E,-1'3'3E, 12: .'3.,6F'I',1 FF.'.OI',I R~F'F'OF.'.T :.'?.'..: I','I~F.'.'._:;TON TO UK I ~H F'. ~3E, adjustments in locations of new utilities as condition, warrant without consent of but with prior notice to Shoemaker. g. City shall install a two inch water service and meter along iBrush Street at the northeast corner of the Shoemaker prQperty at the location indicated on the attached Exhibit C. h, Any existing utilities provided to the Shoemaker property will be reestablished by the City at no cost to the Shoemakers. i. The City will install a new underground electrical service conduit and pullbox as shown on Exhibit C for future development of the Shoemaker parcel. Existing overhead electrical service to the existing nursery office building and residential str~cture shall remain as is. The City Will install a separate overhead electrical service line to serve the nursery office building at no cost to the Shoemakers. However, any wiring or panels required to accept service at the nursery office building will be provided by the Shoemakers at their expense. j. City will construct a six foot chain llnk fence for 130 lineal feet along the Brush Street frontage of the Shoemaker property along the retaining walls constructed along that frontage, After the fence installation is complete and the project accepted by the City, the chain link fence shall be maintained by the property owner. 04-26-1996 12: 3?PP1 FROP1 F..'.APF'OF..'.T :.'.-.'.'.: P'IAR'._z~TON TO I_1[< I AH P. [37 k. The owner of the Shoemaker property will have the right to remove any retaining walls installed by the City in connection with the project, if necessary, for the future development o:If the Shoemaker property; provided, however, the retaining walils cannot be removed or altered, unless done in such a manner that the removal or alteration has no adverse affect on the improvements constructed by the City and there is no added cost to the City associated with the alteration or removal of the retaining walls. No such removal or alteration shall be performed, unless plans have been submitted to and approved by the City. Any alteration or removal of the retaining walls must be undertaken in strict compliance with City approved plans. 1. Within sixty days after the existing garage i~ removed by Shoemaker, the City will place, at no cost to the Shoemakers, 210 foot by 8 foot water-tight shipping containers, such are rentled by Big 4 Rents, at a location on the property approved by Shoemaker as follows. If concrete slabs or other foundations are required, the City shall provide three (3} such containers and shall pay Shoemakers the cash equivalent of the cost of one (1) such container. If the cost to Shoemakers of installing the slabs or foundations exceeds the cash payment, the City and Shoemakers will each pay one-half (1/2) the amount of the excess. If concrete slabs or other foundations are not required, the City will place four such 04-26,-1'9'_~6, 12: 3:E:F'P,'I FR'.Or,1 R'.AF'F'OR'.T :.% r',IAR'.'.E;TON Ti] UK I AH F'. 08 containers. Shoemakers shall remove said garage within sixty (60) days from the date of execution of this Agreement. Shoemakers must obtain any necessalry building permit and provide any required footing, foundation, or other site work for the placement of the containers. Shoemaker shall release the City from any liability for and hold City harmless from any damage to'the Shoemaker property that may result by reason of the placement of the shipping containers on the property. m. Ail soil excavated by reason of the retaining wall, sidewalk, and structure foundation construction that is not needed for the project and approved by Shoemakers shall be deposited by the City or its contractor on the Shoemaker property at a location approved by Shoemakers. Shoemakers agree to be available to approve such soil at such times as requested by: City so that the City incurs no delays in construction Shoemakers accept all approved soil in its AS IS condition!and shall promptly notify City where soil is to be stockpiled. Shoemakers shall obtain any needed permit by reason of the stockpiling of fill material on their property (grading perm,!it, etc) at their expense. Shoemakers shall hold City and its officers, agents, employees and contractors harmless from any damage to the Shoemaker property resulting from the placement of soils on the property. n. As part of the improvement project three driveway cut~ shall be provided along the frontages of the Shoemaker si~\u\agrmts96\shomkr.4 April 26, 1996 7 04-2E,- 1'_q.'96 12: 38F'r',1 Ft~'.EIr',I F,'.AF'F'EIF..'T :=.'.'.'., r',tAF..'.STOH TI] I_1~.=::i I AH P. 8'9 property at locations indicated on the attached Exhibit C. The widths of the cuts shall be in accordance with established City standards. p. In conjunction with constructing retaining walls as shown on the approved plans for the project, the City shall install footings under ~he house as designed by Rau and Associates, if the Shoemakers decide not to move the house. The Shoemakers must notify the City of their decision whether or not to move the house by no later than July 15, 1996. Failure of the Shoemakers to provide written notice to the City by the .established deadline will entitle the City to assume that the Shoemakers are moving the house. In the absence of the required notice, the City shall be entitled to construct the retaining walls without protecting the house foundation. In that event, the Shoemakers, or their approved assigns, shall fully release the City from and waive any claim for damages to the house resulting from the improvement project a~d agree to fully indemnify and defend the City against any such claim, demand, or cost. 4. City shall pay the cost of any preliminary title report oz title insurance, if it seeks further evidence of Shoemakers' title. 5, Under the Foreign Investment and Real Property Tax Act (FIRPA; 26 U.S.C. ~1445), every buyer of U.S. real property must, unless an exemption applies, deduct and withhold from a seller's ~:i\u\ag~ts96\sho~kr.~ ~ril 26, !996 8 proceeds ten percent (10%) of the gross sales price. No withholding is required if the seller certifies under penalty of perjury that it is not a foreign person within the meaning of the ~ct. The Shoemakers hereby certify under penalty of perjury that ~hey are not a "fOreign person" within tihe meaning of FIRPA and City is not required to and shall not withhold any portion of the gross sales price ifor state or federal capital gains tax. 6. City right of possession to the Additional Easement shall Qommence upon delivery of the deed, and Shoemakers will deliver possession of the Additional Easement to the City upon delivery of the deed. ?. Whenever notice is permitted or required under this Agreement, it shall be deemed given when personally served or deposited in the United States mail with proper first class postage affixed thereto and addressed as follows: SHOEMAKERS: CITY: Richard and Gail Shoemaker City of Ukiah 825 North State Stlreet Candace Horsley, City Manager Ukiah, CA 95482 300 Seminary Avenue Ukiah, CA 95482 Zither party may change its official address by giving notice as provided in this paragraph. 8. This Agreement may be executed in two or more duplicate Qriginals, each bearing the original signatures of the parties. If So executed, each such duplicate original shall be admissible in qny judicial or :administrative proceeding as evidence of the ~greement between :the parties. s \u\a~rmts96~mkr.4 April 26, !996 9 04-26-199_~ i2: 40Pkl FF..IOI',I F,I~F'F'OF..IT :~.~ I','I~qP...F;TON TO LIK I ~qH F', 1 t 9. If any term or provision of this Agreement shall be deemed to be invalid or unenforceable to any extent, the remainder Of this Agreement will not be affected thereby, and each remaining Qerm and provisio~ of this Agreement will ibe valid and be enforced fullest extent permitted by law. 10. No waiver of any breach of any covenant or provision qontained herein will be deemed a waiver of any preceding or ~ucceeding breach thoreof, or of any other covenant or provision contained herein. No extension of time for performance of any 6bligation or act: will be deemed an extension of time for the performance of any other obligation or act except those of the waiving party, whiuh will be extended by a period of time equal to tihe period of the delay, 1t. This Agreement is binding upon and inures to the benefit of the permitted successors and assigns of the parties hereto. 12. If any party to this Agreement Prevails in any action or Proceeding to enforce the terms of the this Agreement, the prevailing party Shall be entitled to reicover from the opposing p!arty or parties iits costs of suit, including the reasonable fees of attorneys, investigators, expert witnesses, or consultants n!ecessarily incurred by the prevailing Party in prosecuting or d%fending the action or proceeding. 13. This Agreement (including all Exhibits attached hereto) ciDnstitutes the entire agreement between the parties hereto and may n~t be modified except by an instrument in writing signed by all s:!\u\agrmtsgg\shomkr.% 84->-.'6-1996 12: 48P1','1 FF..:CIM F..'.RF'F'CIF..'.T :S.: MRR'.'.--iTON TO I_IK I AH F', ]1.2 parties to this agreement. No other statements or representations Of~ the parties shall be admissible to establish the terms of this ~greement. , i . i 14. City and Shoemakers hereby acknowledge and agree that dime~ is strictly of the essence with respect to each and every term, condition, Obligation, and provision horeof. 15. This Agreement has been prepared by both parties and ~eviewed~ by each and their professional advisors, including their a;ttorneys. Both parties and their attorneys believe that this ~greement is the product of all of their e~forts, that it expresses t~eir agreement and that it should not be;interpreted in favor of olr against either City or the Shoemakers. The parties further a~ree that this Agreement will be construed to effectuate the normal and reasonable expectations of a isophisticated buyer and s~l!er of real property. I 16. The time for performing any condition under this A~reement. ~hall be extended, and the obligations of City and shoemakers suspended, by ghe number of days during which the p~rformance of that condition is prevented due to fire, flood, uhusual weather events, strikes, labor disputes, shortages, u~ility, curtailments, power failures explosions civil d~sturbances, the time required to satisfy government regulatory r~quirements beyond the minimum, as permit~ged by law, acts of God, $~ortages of equipment or supplieS, unavailability of ~ansportation,~ acts or omissions of third, partle~ or any other r~ason~ beyond the reasonable control of the parties. April 26, 1996 1! 04-2E,- l'_-_-_qq¥, :1. 2: 41 PI',1 FF..CII','I RAF'F'OF..IT :.'.% r,IAF~'.~E;TON TO I_ll.:::i I AH P. 1._'3., 17. The parties hereto expressly agree that this Agreement w~.ll bc ,,2~verned by, interpreted under, and construed and enforced in accordance with the laws of the State of California The I . ~arties mutually consent to jurisdiction and venue in the courts of ~endocin© ~ ~ ~ounty and waive any objections to the jurisdiction or ~enue of such courts. W~EREFORE, the parties have entered this Agreement on the date first written above. ~IT¥: S~OF2~%~ERS: C~NDACE HORSLEY, City Manager By: RICHARD M. SHOEMAKER LESLIE G. SHOEMAKER Apmil ~6, Z996 12 TETP~L_ F'. 1'5