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HomeMy WebLinkAbout1996-03-06 PacketCITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting Resume CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 March 6, 1996 6:30 p.m. . 2. Presented to 3. Virginia Williams 4. Welcomed Approved Asis5. . Mayor Read . Mayor Read Denied Res. No. 96-42 Res. No. 96-43 Accepted Approved Approved #CC96003 . Mayor Read Roll Call Invocation/Pledge of Allegiance Proclamation Declaring March 10 - 16, 1996 as Community Concert Association Week Introduction of New Employee a. Rob Wilson, Sun House Museum Director Approval/Correction of Minutes of Regular Meeting of February 21, 1996 RIGHT TO APPEAl. DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Deny Claim Received from Chris L. Hernandez, and Refer to City Insurance Carrier REMIF b. Adopt Resolution Extending the No Parking Zone on the East Side of South Dora Street in Front of Saint Mary's School c. Adopt Resolution Establishing and Abolishing No Parking Zones/Bus Loading Zones on the South Side of Standley Street and on the West Side of Main Street d. Accept Report to Council Regarding the Purchase of Sand for Golf Course Operations e. Approve Dates for 1996 Community Pride Week f. Approval of Amendment No. 5 with L. Younce for Easement to Airport Beacon on Cleland Mountain and Authorize City Manager to Execute Agreement AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is an item of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. . Res. No. 96-44 Introduced PUBLIC HEARING - 7:00 p.m. a. Increase Building, Electrical, Mechanical, and Plumbing Permit Fees and Amend the Model Codes Section 3000 of Ukiah Municipal Code i. Adoption of Resolution Updating Building Fees Pursuant to UMC Section 3050 ii. Introduction of Ordinance Amending UMC Section 300 10. PETITIONS AND COMMUNICATIONS Approved RTS a. Letter from Judy Pruden Regarding Pocket Park on Oak Street in City Parking Lot A to Sub for recs.bc to CC Nom. Malone b. Discussion Regarding North Coast Railroad Authority Letter, Dated February 16, 1996, Regarding City Representative Vacancy April 1996 11. UNFINISHED BUSINESS April 2-9 am workshop a. Presentation by City Treasurer Regarding Investment Advisory Services Approved b. Consideration of Joint Powers Agreement Draft No. 9 for the Formulation and #CC96004 Implementation of the Mendocino County Inland Water and Power Commission and Authorize the Mayor to Execute 12. NEW BUSINESS Apprvd&Authrzed a. Res. No. 96-45 b. Authorized c. Approved d. Consideration and Approval of Community Services Department Restructuring Proposal and Authorization of Budget Amendment Adopt Resolution Authorizing the Mayor to Execute Amendment No. 2 to Contract No. 92-SAO-20058 Between the City of Ukiah and the Western Area Power Administration Authorize Budget Amendment in the Amount of $18,000 to Account 612-3580-250 for Payment of an Engineering Feasibility Study by Rau and Associates Relative to the Relocation of the Storage Pond Levees at the Wastewater Treatment Plant Consideration of Request from ESA for Additional Compensation Relating to Project Cost Overrun and the Performance of Work Beyond the Scope of the Landfill EIR Contract 13. CITY COUNCIL/REPORTS 14. CITY MANAGER/DEPARTMENT HEAD REPORTS Recess to URA 8:35 pm Reconvened - 9:45 pm 15. CLOSED SESSION all CC in at 9:45 pm b. As per Government Code Section 54956.9 - Conference with Legal Counsel Regarding Potential Litigation Shoemaker left a. As per Government Code Section 54956.8 - Conference with Real Property Negotiator before item at 10:05 pm Regarding 825 North State Street Property, for Right of Way Acquisition from R. Shoemaker Parcel all four Council out at 10:15 pm - C.Att. No action taken 10:16 pm 16. ADJOURNMENT To Council interview of Planning Commission applicants prior to March 20 regular meeting; 3/20/96 4:30pm - dependant upon receipt of any applications by noon March 13. MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - February 21, 1996 Page i DRAFT The City Council convened in a regular meeting, of which the aqenda was legally noticed and posted, at 6:34 p.m. Roll was taken'with the following Councilmembers present: Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. Staff present: City Clerk McKay, City Attorney Rapport, Acting City Manager Harris, Executive Assistant Yoast, Personnel Administrative Secretary Revheim, Water/Sewer Operations Superintendent Borecky, Planning Director Sawyer, Finance Director Elton, and Assistant Redevelopment Director DeKnoblough. 2. INVOCATION - Dedication of Meeting to Retired California Department of Forestry Division Chief, Tom Neilson Councilmember Wattenburger delivered a tribute with a moment of silence in the memory of Division Chief Neilson. 3. PLEDGE OF ALLEGIANCE Mayor Schneiter led the Pledge of Allegiance. URGENCY ITEM OF BUSINESS The Acting City Manager reported an item of business arose after the preparation of this meeting's agenda, and requested Council approval for addition to tonight's agenda. M/S Malone/Wattenburger to add the Item of New Business "Adoption of Resolution Designating Agent for Filing of Financial Assistance Application to State of California for December 1995 Storm Disaster" to this agenda of February 21, 1996. The motion was carried by a unanimous voice vote of all AYE. Mayor Schneiter noted this item will be placed as New Business Item 10b. 4. Approval/Correction of Minutes of Regular Meeting of February 7, 1996 The City Attorney suggested two corrections to the minutes of the February 7, 1996 Council meeting as follows; Page 5, 6th paragraph, last line, delete the wording "our contamination level being much greater than the Caspar landfill" and replace with "how contamination at the Ukiah Landfill compares to contamination at the Caspar landfill."; and Page 5, second paragraph from the bottom of the page, third line, delete the wording of "approved staff", and replace with the wording reviewed the letters exchanged by Budge Campbell and Rick Kennedy, approved their proposal in concept, and authorized County staff". M/S Wattenburger/Mastin to approve the amended minutes of the regular meeting of February 7, 1996, as suggested by the City Attorney. The motion was carried by the following roll call vote: AYES: Councilmember Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. 5. RIGHT TO APPEAL DECISION Mayor Schneiter reviewed Government Code Section 1094.6 of the California Code of Civil Procedures. CONSENT CALENDAR Councilmember Malone pulled Item 6g. Receive and File 1996-97 Goals and Objectives for Personnel/Risk Management and Secretarial Pool Divisions from the Consent Calendar for further discussion. It then became New Business Item 10c. It was the consensus of Council to move New Business Item 10c. up in the agenda and consider it after "Audience Comments." M/S Malone/Wattenburger approved the Consent Calendar as follows; Reg. Mtg. February 21, 1996 Page 1 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - February 21, 1996 Page 2 6a. Received and approved report of disbursements for the month of January 1996. 6b. Received and approved additional report of disbursements for the month of December 1995. 6c. Denied claim received from Robert Levy, and referred to City insurance carrier REMIF. 6d. Accepted work as complete by Peabody TecTank, Inc. for installation of water tank and authorized the City Clerk to file Notice of Completion. 6e. Accepted notification to Council regarding purchase of Liquid Polymer Product. 6f. Received and filed audit report for June 30, 1995 and 1994 Transportation Development Act Funds and Surface Transportation Program Funds. 6h. Authorized payment for Emergency River Bank Repair to Mendocino Construction in the amount of $89,243.64. The motion was carried by the following roll call vote: AYES: Councilmember Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Eric Sunsweet, P.O.Box 363, Potter Valley, provided Council with further information regarding composting, from his attendance at a Appropriate Technology Transfer for Rural Areas (ATTRA) meeting in Santa Rosa. New Business 10c. Receive and File 1996-97 Goals and objectives for Personnel/Risk Management and Secretarial Pool Divisions Councilmember Malone explained he noticed in the goals that the issue of walls and hours of operation for the civic Center offices may want to be discussed by Council, with staff. The Acting city Manager noted the goals presented to Council are in draft at this time. Council queried staff regarding reducing city administration hours of operation, open cubicles of offices creates background noise disturbance and lack of privacy for Department Heads. M/S Malone/Wattenburger to approve this item of business and requested staff to bring back further solutions at budget time. The motion was carried by the following roll call vote: AYES: Councilmember Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. PETITIONS AND COMMUNICATIONS Sa. Consideration of Request From Evangelical Free Church to Amend Municipal Code Regulating the Use of Trailers and Camp Cars The Planning Director reported on a letter received from the Evangelical Free Church which requests a City Code amendment to allow 4 to 8 camp trailers to be parked at their site for several months, instead of the current allowable 3 nights, as they need temporary housing for construction volunteers working on the Church. He reported staff could address a UC Code Section 2462 amendment with further review and attempt to fast track it back to Council, although he noted it may not meet the Church's starting date of April 5, 1996. Discussion ensued regarding possible procedures, enforcement processes, and administrative review. Reg. Mtg. February 21, 1996 Page 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - February 21, 1996 Page 3 Councilmember Wattenburger stated he sees a bigger picture where we all have seen vehicles used for construction and security of sites throughout the City and citizens expect to be allowed to use their property in emergency and temporary situations. He explained when the original Ordinance was written 50 years ago, there were no motor homes or trailers, just tents~ and there is now sanitary and safe temporary housing in recreational vehicles. Councilmember Malone explained we all see visitors with extension cords to trailers. He stated he is leery of opening the door to a major camp out event, and suggested that a permit sticker would help with enforcement. The Acting City Manager explained that sanitary and safety issues need to be addressed. The Planning Director indicated staff feels trailers should exclude the R-1 zone. Councilmember Shoemaker commented that while he was fixing up his old home, his parents who were helping, stayed in their motor home on his property. He noted there should be an allowance for extenuating circumstances of property o~ners needing to fix or build their homes. The City Attorney advised that the issue of on-street parking versus off-street parking of trailers should be addressed, and reminded Council that City staff has flexibility in discretionary enforcement of Code Sections. Discussion ensued regarding time frames for processing of this amendment to the Code. M/S Mastin/Malone directed staff to bring this item back to Council, as soon as possible. The motion was carried by a unanimous voice vote of all AYE. UNFINISHED BUSINESS 9a. Accept the Final Report of Watershed Sanitary Survey for Upper Russian River and Upper Main Eel River Prepared by Kennedy/Jenks Consultants The Water/Sewer Operations Superintendent reported this completed watershed sanitary survey is required by the City's water supply operating permit. He explained the same is required of Redwood Valley County Water District and Millview County Water District, so the cost of this survey has been shared and distributed as follows; City of Ukiah $16,066; Millview County Water District $10,710.66; and Redwood Valley County Water District $5,355.34. Council queried staff regarding review time lines by other agencies, recreation areas location on maps, and the State reviewed this survey with changes included in this final document. M/S Mastin/Malone to accept the Watershed Sanitary Survey for the Upper Russian River and Upper Main Eel River, as presented. The motion was carried by the following roll call .vote: AYES: Councilmember Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. NEW BUSINESS 10a. Authorize Payment to Spiegel and McDiarmid for Legal Services Rendered Relative to Headwater Benefit Issues, in the Amount of $7,500 and Authorize the Director of Public Utilities to Make Payment from the City of Ukiah,s General Operating Reserve Fund at the Northern California Power Agency Mayor Schneiter reported on the City's need for NCPA legal advice regarding Eel River diversion shut-off issue and explained the situation to Council. Reg. Mtg. February 21, 1996 Page 3 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - February 21, 1996 Page 4 M/S Wattenburger/Shoemaker to authorize payment to Spiegel and McDiarmid for legal services rendered in the amount of $7,500 and authorized the Director of Public Utility to make payment from the City of Ukiah's general operating reserve fund held at the Northern California Power Agency. The motion was carried by the following roll call vote: AYES: Councilmember Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Urgency Item 10b. Adoption of Resolution Designating Agent for Filing of Financial Assistance Application to State of California for December 1995 Storm Disaster. The Acting City Manager reported on the time requirements to file for disaster assistance which requires Council to designate one agent within City staff. He explained he will be processing all paperwork for California and Federal disaster relief, and will be the designated agent. M/S Wattenburger/Mastin to adopt Resolution No. 96-41 designating agent for filing of financial assistance application to State of California for December 1995 storm disaster. The motion was carried by the following roll call vote: AYES: Councilmember Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. 11. CITY COUNCIL/REPORTS Councilmember Mastin - Reported on the MTA meeting he attended and upcoming events. Councilmember Malone - Reported on the Chamber relocation committee and the Sun House Guild meetings he attended; and noted he will be attending the League of California cities Housing meeting tomorrow. Councilmember Wattenburger - Nothing to report. Councilmember Shoemaker - Reported he missed the last MCOG meeting; reported on the MSWMA meeting he attended today; and noted he will be going with Councilmember Malone tomorrow. Mayor Schneiter - Provided Council with an update on the PG&E Potter Valley project issue; reported Congressman Riggs requested a list of requests from the City for needed projects; noted an upcoming vacancy of a City representative on the NCRA Board; explained he will be attending a NCPA meeting tomorrow; reported on the NCPA Finance Committee meeting he attended and informed Council of his resignation from this committee. 12. CITY MANAGER/DEPARTMENT HEAD REPORTS - None. Council recessed to Redevelopment Agency at 7:40 p.m. Council reconvened at 8:52 p.m. CLOSED SESSION Mayor Schneiter announced the need to enter into Closed Session to discuss the following; 13a. 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. Council entered Closed Session at 8:53 p.m. and reconvened in open session at 9:24 p.m. The City Attorney noted no action was taken. 14. ADJOURNMENT There being no further business, the meeting was adjourned at 9:24 p.m. CCMIN.121 Cathy McKay CMC/AAE, City Clerk Reg. Mtg. February 21, 1996 Page 4 M - Motion CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting PROMPT RC- Roll Call CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 March 6, 1996 6:30 p.m. VV - Voice Vote AD - As Desired 1. Roll Call 2. Invocation/Pledge of Allegiance Mayor to 3. Proclamation Declaring March 10 - 16, 1996 as Community Concert Association Week present to Virginia Williams 4. Introduction of New Employee By Candace a. Rob Wilson, Sun House Museum Director M/RC 5. Approval/Correction ofMinutes of Regular Meeting of February 21, 1996 . MayOr to Read RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. . Mayor to Read All one M/RC CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Deny Claim Received from Chris L. Hernandez, and Refer to City Insurance Carrier REMIF b. Adopt Resolution Extending the No Parking Zone on the East Side of South Dora Street in Front of Saint Mary's School c. Adopt Resolution Establishing and Abolishing No Parking Zones/Bus Loading Zones on the South Side of Standley Street and on the West Side of Main Street d. Accept Report to Council Regarding the Purchase of Sand for Golf Course Operations e. Approve Dates for 1996 Community Pride Week f. Approval of Amendment No. 5 with L. Younce for Easement to Airport Beacon on Cleland Mountain and Authorize City Manager to Execute Agreement . Mayor to Read AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is an item of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. M - Motion RC - Roll Call VV - Voice Vote AD - As Desired 9. PUBLIC HEARING - 7:00 p.m. a. Increase Building, Electrical, Mechanical, and Plumbing Permit Fees and Amend the Model Codes Section 3000 of Ukiah Municipal Code M/RC i. Adoption of Resolution Updating Building Fees Pursuant to UMC Section 3050 M-to read title only for ii. Introduction of Ordinance Amending UMC Section 300 first reading/VV Clrk to read M/to introOrd./RC 10. PETITIONS AND COMMUNICATIONS Judy will do short presentation - AD M/RC a. Letter from Judy Pruden Regarding Pocket Park on Oak Street in City Parking Lot A b. Discussion Regarding North Coast Railroad Authority Letter, Dated February 16, 1996, Regarding City Representative Vacancy April 1996 11. UNFINISHED BUSINESS M/set date/AD M/RC a. Presentation by City Treasurer Regarding Investment Advisory Services b. Consideration of Joint Powers Agreement Draft No. 9 for the Formulation and Implementation of the Mendocino County Inland Water and Power Commission and Authorize the Mayor to Execute 12. NEW BUSINESS M/RC M/RC M/RC M/RC a. Consideration and Approval of Community Services Department Restructuring Proposal and Authorization of Budget Amendment b. Adopt Resolution Authorizing the Mayor to Execute Amendment No. 2 to Contract No. 92-SAO-20058 Between the City of Ukiah and the Western Area Power Administration c. Authorize Budget Amendment in the Amount of $18,000 to Account 612-3580-250 for Payment of an Engineering Feasibility Study by Rau and Associates Relative to the Relocation of the Storage Pond Levees at the Wastewater Treatment Plant d. Consideration of Request from ESA for Additional Compensation Relating to Project Cost Overrun and the Performance of Work Beyond the Scope of the Landfill EIR Contract Announce Announce 13. 14. 15. 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 54956.9 - Conference with Legal Counsel Regarding Potential Litigation 16. ADJOURNMENT To Council interview of Planning Commission applicants prior to March 20 regular meeting; dependant upon receipt of any applications by noon March 13. CA SB 8~ 1 AUTHOR: Craven TITLE: Local agency forma~on commissions CHAPTER: 562 SUMMARY: Permits a local agency commission to destroy a duplicate record if an electronic copy is retained in the files of the commission, as specified. STATUS: 02/23/95 INTRODUCED. 03/06/95 To SENATE Committee on LOCAL GOVERNMENT. 03/27/95 From SENATE Committee on LOCAL GOVERNMENT with author's amendments. Read second time and amended. Re-referred to Committee. 03/29/95 In SENATE Committee on LOCAL GOVERNMENT: Not heard. 03/30/95 From SENATE Committee on LOCAL GOVERNMENT: Do pass. 04/04/95 In SENATE. Read second time. To third reading. 04/06/95 Re-referred to SENATE Committee on APPROPRIATIONS. 04/17/95 From SENATE Committee on APPROPRIATIONS: Do pass. 04/18/95 In SENATE. Read second time. To third reading. 04/20/95 In SENATE. To Special Order. 05/01/95 In SENATE. Read third time. Passed SENATE. *****To ASSEMBLY. 07/06/95 To ASSEMBLY Committee on LOCAL GOVERNMENT. 07/28/95 From ASSEMBLY Committee on LOCAL GOVERNMENT with author's amendments. Read second time and amended. Re-referred to Committee. 08/01/95 From ASSEMBLY Committee on LOCAL GOVERNMENT with author's amendments. Read second time and amended. Re-referred to Committee. 08/23/95 From ASSEMBLY Committee on LOCAL GOVERNMENT: Do pass. To Consent Calendar. 08/28/95 In ASSEMBLY. Read second time. To Consent Calendar. 08/31/95 In ASSEMBLY. Read third time. Passed ASSEMBLY. *****To SENATE. 09/07/95 In SENATE. To Special Consent Calendar. 09/12/95 In SENATE. From Special Consent Calendar. To Unfinished Business. 09/13/95 In SENATE. SENATE concurred in ASSEMBLY amendments. To enrollment. 09/18/95 Enrolled. *****To GOVERNOR. 10/04/95 Signed by GOVERNOR. CA SB 863 AUTHOR: Craven TITLE: Local Government CHAPTER: 745 SUMMARY: Modifies the computations and allocations made in Orange County to reduce the property tax allocation to a flood control distflct and a harbors, beaches and parks fund by $4,000,000 each and requires allocation of moneys equivalent to that reduction to Orange County for each of the 1997-98 to 2015-16 fiscal years. STATUS: 02/23/95 03/06/95 03/29/95 03/30/95 04104195 04/06/95 04/17/95 04/18/95 INTRODUCED. To SENATE Committee on LOCAL GOVERNMENT. In SENATE Committee on LOCAL GOVERNMENT: Not heard. From SENATE Committee on LOCAL GOVERNMENT: Do pass. In SENATE. Read second time. To third reading. Re-referred to SENATE Committee on APPROPRIATIONS. From SENATE Committee on APPROPRIATIONS: Do pass. In SENATE. Read second time. To third reading. 05/08/95 In SENATE, Read third time and amended, To second reading, 05/09/95 In SENATE. Read second time. To third reading. 05/11/95 In SENATE. Read third time, Passed SENATE. *****To ASSEMBLY. 05/22/95 To ASSEMBLY Committee on LOCAL GOVERNMENT. 07/05/95 From ASSEMBLY Committee on LOCAL GOVERNMENT.. Do pass as amended. 07/12/95 In ASSEMBLY. Read second time and amended, To second reading. 07/13/95 In ASSEMBLY. Read second time. To third reading. 07/21/95 In ASSEMBLY. To Inactive File. 08/29/95 In ASSEMBLY. From Inactive File. To third reading. 09/06/95 In ASSEMBLY. Read third time. Passed ASSEMBLY. *****To SENATE. 09/07/95 In SENATE. SENATE refused to concur in ASSEMBLY amendments. To CONFERENCE Committee. 09/13/95 From CONFERENCE Committee. 09/15/95 In SENATE. CONFERENCE Committee report adopted by SENATE. 09/15/95 In ASSEMBLY. CONFERENCE Committee report adopted by ASSEMBLY. To enrollment. 09/22/95 Enrolled. *****To GOVERNOR. 10/09/95 Signed by GOVERNOR. CA SB 864 AUTHOR: Craven TITLE: County government: treasury oversight LOCATION: Assembly Local Government Committee SUMMARY: Requires the board of supervisors in each county to establish in each county or city and county that is investing surplus funds to establish a county treasury oversight committee with specified membership who meet certain qualifications; requires the county treasurer, in any county that establishes the committee, to annually prepare an Investment policy with prescribed contents that would be reviewed and monitored by the committee; makes related provisions. STATUS: 02/23/95 INTRODUCED, 03/06/95 To SENATE Committee on LOCAL GOVERNMENT. 03/27/95 From SENATE Committee on LOCAL GOVERNMENT with author's amendments. Read second time and amended. Re-referred to Committee. 03/29/95 In SENATE Committee on LOCAL GOVERNMENT: Not heard. 03/30/95 From SENATE Committee on LOCAL GOVERNMENT: Do pass as amended. 04/06/95 In SENATE. Read second time and amended. To third reading. Re-referred to Committee on APPROPRIATIONS. 04/17/95 In SENATE Committee on APPROPRIATIONS: Not heard. 04/20/95 From SENATE Committee on APPROPRIATIONS: Do pass as amended. 04/25/95 In SENATE. Read second time and amended. To third reading. 04/27/95 In SENATE. Read third time and amended. To second reading. To Special Order. 05/01/95 In SENATE. Read third time. Passed SENATE. *****To ASSEMBLY. 07/06/95 To ASSEMBLY Committee on LOCAL GOVERNMENT. CA SB 866 AUTHOR: Craven TITLE: Local government CHAPTER: 784 SUMMARY: Requires that the board of supervisors in each county or city and county that is investing surplus funds to establish a county treasury oversight committee with specified membership who meet certain qualifications; makes other related provisions; specifies that the proceeds of sales or funds set aside for the repayment of any notes Issued in specified circumstances shall not be Invested for a term of the notes. STATUS: 02/23/95 INTRODUCED. 03/06/95 To SENATE Committee on LOCAL GOVERNMENT, 03/27/95 From SENATE Committee on LOCAL GOVERNMENT with author's amendments. Read second time and amended. Re-referred to Committee. 03/29/95 In SENATE Committee on LOCAL GOVERNMENT: Not heard. 03/30/95 From SENATE Committee on LOCAL GOVERNMENT: Do pass. 04/04/95 In SENATE. Read second time. To third reading. 04/06/95 Re-referred to SENATE Committee on APPROPRIATIONS. 04/17/95 From SENATE Committee on APPROPRIATIONS: Do pass. 04/18/95 In SENATE. Read second time, To third reading. 04/20/95 In SENATE. To Special Order. 05/01/95 In SENATE. Read third time. Passed SENATE. *****To ASSEMBLY. 07/06/95 To A~SSEMBLY Committee on LOCAL GOVERNMENT. 07/21/95 From ASSEMBLY Committee on LOCAL GOVERNMENT with author's amendments. Read second time and amended. Re-referred to Committee. 08/23/95 From ASSEMBLY Committee on LOCAL GOVERNMENT: Do pass. To Consent Calendar. 08/28/95 In ASSEMBLY. Read second time. To Consent Calendar. 08/31/95 In ASSEMBLY. From Consent Calendar. To third reading. 08/31/95 In ASSEMBLY. Read third time and amended. To third reading. 09/05/95 In ASSEMBLY. Read third time. Passed ASSEMBLY. *****To SENATE. 09/06/95 In SENATE. Re-referred to Committee on LOCAL GOVERNMENT. 09/07/95 From SENATE Committee on LOCAL GOVERNMENT: Recommend concurrence in ASSEMBLY amendments. 09/13/95 In SENATE. SENATE concurred in ASSEMBLY amendments. To enrollment. 09/18/95 Enrolled. *****To GOVERNOR. 10/12/95 Signed by GOVERNOR. CA SB 867 AUTHOR: Craven TITLE: Local Agency Investments LOCATION: SENATE SUMMARY: Revises terms under which a local agency may Invest its funds in repurchase agreements or reverse repurchase agreements including a condition that the term of the agreement not exceed one year, and the market value of securities purchased under a repurchase agreement would be required to be at 102 percent or greater of the dollars invested to be adjusted quarterly. STATUS: 02/23/95 INTRODUCED. 03/06/95 To SENATE Committee on LOCAL GOVERNMENT. 03/27/95 From SENATE Committee on LOCAL GOVERNMENT with author's amendments. Read second time and amended. Re-referred to Committee. 03/29/95 In SENATE Committee on LOCAL GOVERNMENT: Not heard. 03/30/95 From SENATE Committee on LOCAL GOVERNMENT: Do pass. 04/06/95 In SENATE. Read second time and amended. To third reading. Re-referred to Committee on APPROPRIATIONS. 04/17/95 In SENATE Committee on APPROPRIATIONS: Held without recommendation. 01/31/96 Returned to Secretary of Senate pursuant to Joint Rule 56. CA SB 868 AUTHOR: Craven TITLE: Local Agency Investments LOCATION: SENATE SUMMARY: Provides, with respect to local agency investments and deposits, that no money shall be invested in any security that could result in zero Interest accrual periods. STATUS: 02/23/95 INTRODUCED. 03/06/95 TO SENATE Committee on LOCAL GOVERNMENT. 03/27/95 From SENATE Committee on LOCAL GOVERNMENT with author's amendments. Read second time and amended. Re-referred to Committee, 03/29/95 In SENATE Committee on LOCAL GOVERNMENT: Not heard. 03/30/95 From SENATE Committee on LOCAL GOVERNMENT: Do pass. 04/04/95 In SENATE. Read second time. To third reading. 04/06/95 Re-referred to SENATE Committee on APPROPRIATIONS. 04/17/95 In SENATE Committee on APPROPRIATIONS: Held without recommendation. 01/31/96 Returned to Secretary of Senate pursuant to Joint Rule 56. CA SB 564 AUTHOR: Johnston TITLE: Local agency treasurers CHAPTER: 783 SUMMARY: Requires the Treasurer to make a monthly report on Investments in the Pooled Money Investment Account, as specified; requires the Treasurer to annually prepare and submit to the Pooled Money Investment Board a written statement of investment policy and a quarterly report on investments in the Pooled Money Investment Account, as specified. STATUS: 02/21/95 INTRODUCED. 02/27/95 To SENATE Committee on LOCAL GOVERNMENT. 03/27/95 From SENATE Committee on LOCAL GOVERNMENT with author's amendments. Read second time and amended. Re-referred to Committee. 03/29/95 From SENATE Committee on LOCAL GOVERNMENT: Do pass as amended to Committee on APPROPRIATIONS. 04/06/95 In SENATE. Read second time and amended. Re-referred to Committee on APPROPRIATIONS. 04/17/95 From SENATE Committee on APPROPRIATIONS: Do pass as amended. 04/19/95 In SENATE. Read second time and amended. To third reading. 04/27/95 In SENATE. Read third time and amended. To second reading. To Special Order. 05/01/95 In SENATE. Read third time. Passed SENATE. *****To ASSEMBLY. 07/06/95 To ASSEMBLY Committee on LOCAL GOVERNMENT. 07/18/95 From ASSEMBLY Committee on LOCAL GOVERNMENT with author's amendments. Read second time and amended. Re-referred to Committee. 08/23/95 From ASSEMBLY Committee on LOCAL GOVERNMENT: Do pass. Re-referred to Committee on APPROPRIATIONS. 08/28/95 To ASSEMBLY Committee on APPROPRIATIONS Suspense File. 09/06/95 In ASSEMBLY Committee on APPROPRIATIONS: Heard, remains in Committee. 09/12/95 From ASSEMBLY Committee on APPROPRIATIONS: Do pass as amended. 09/13/95 In A,~EMBLY. Read second time and amended. To second reading. 09/14/9,5 In ASSEMBLY. Read second time. To third reading. 09/1,5/95 In ASSEMBLY. Read third time. Passed ASSEMBLY. *****To SENATE. 09/15/95 In SENATE. SENATE concurred in ASSEMBLY amendments. To enrollment. 09/25/95 Enrolled. *****To GOVERNOR. 10/12/9,5 Signed by GOVERNOR. CA SB 19 b AUTHOR: Kopp TITLE: Local agencies: bankruptcy LOCATION. ASSEMBLY SUMMARY: Authorizes the Governor, whenever any municipality files as a debtor under federal bankruptcy law, to appoint a trustee to oversee that municipality. Requires the Governor to issue an executive order Indicating the specific powers to be assumed by the trustee; provides that a municipality may only file under federal bankruptcy law with the approval of the Local Agency Bankruptcy Committee that would consist of members, as specified; makes related provisions. STATUS: 05/08/95 INTRODUCED. 05/08/95 To SENATE Committee on LOCAL GOVERNMENT. 05/17/95 From SENATE Committee on LOCAL GOVERNMENT: Do pass as amended to Committee on APPROPRIATIONS. 05/31/95 In SENATE. Read second time and amended. Re-referred to Committee on APPROPRIATIONS. 07/03/95 In SENATE Committee on APPROPRIATIONS: Not heard. 07/06/95 From SENATE Committee on APPROPRIATIONS with author's amendments. Read second time and amended. Re-referred to Committee. 07/10/95 From SENATE Committee on APPROPRIATIONS: Do pass as amended. 07/13/95 In SENATE. Read second time and amended. To third reading. 07/15/95 In SENATE. Read third time. Passed SENATE. *****To ASSEMBLY. CA SB 13 b AUTHOR: Kopp TITLE: Local agencies: financial affairs LOCATION: ASSEMBLY SUMMARY: Umits the authority of the legislative body of a local agency to delegate its authority to invest or reinvest local agency funds or to sell or exchange securities purchased to the treasurer of the local agency. Requires that any contract by a local agency with any party or parties for the performance of financial services, duties, or consultation, Including, but not limited to, the services of bond counsel and investment bond underwflters shall be awarded by bidding. STATUS: 03/21/95 INTRODUCED. 03/21/95 To SENATE Committee on LOCAL GOVERNMENT. 03/27/95 From SENATE Committee on LOCAL GOVERNMENT with author's amendments. Read second time and amended. Re-referred to Committee. 03/29/95 In SENATE Committee on LOCAL GOVERNMENT: Not heard. 03/30/95 From SENATE Committee on LOCAL GOVERNMENT: Do pass as amended to Committee on APPROPRIATIONS. 04/06/95 In SENATE. Read second time and amended. Re-referred to Committee on APPROPRIATIONS. 04/17/95 From SENATE Committee on APPROPRIATIONS: Do pass as amended. 04/19/95 In SENATE. Read second time and amended. To third reading. 05/01/95 In SENATE. Read third time, Passed SENATE. *****To ASSEMBLY. CA SB 14 b AUTHOR: Kopp TITLE: Local government: finances LOCATION: A,~EM BLY SUMMARY: Provides that repurchase agreements and reverse repurchase agreements shall not constitute more than 10% each, respectively, of a funds portfolio, and specifies conditions on the purchase of these types of Investments, and deletes the legislative approval exception to the prohibition against Investments that mature in over 5 years; makes related provisions. STATUS: 03/21/95 INTRODUCED. 03/21/95 To SENATE Committees on LOCAL GOVERNMENT and APPROPRIATIONS. 03/27/95 From SENATE Committee on LOCAL GOVERNMENT with author's amendments. Read second time and amended. Re-referred to Committee. 03/29/95 In SENATE Committee on LOCAL GOVERNMENT: Not heard. 03/30/95 From SENATE Committee on LOCAL GOVERNMENT: Do pass as amended to Committee on APPROPRIATIONS. 04/06/95 In SENATE. Read second time and amended. Re-referred to Committee on APPROPRIATIONS. 04/17/95 In SENATE Committee on APPROPRIATIONS: Not heard. 04/20/95 From SENATE Committee on APPROPRIATIONS: Do pass as amended. 04/25/95 In SENATE. Read second time and amended. To third reading. 04/27/95 In SENATE. Read third time and amended. To second reading, 05/01/95 In SENATE. Read second time. To third reading, Read third time. Passed SENATE. *****To ASSEMBLY. CA SB 15 b AUTHOR: Kopp TITLE.. Locol ogencies: finon¢iol responsibility LOCATION: ASSEMBLY SUMMARY: States that the county treasurer and the board of supervisors are agents of the county which is a trustee and those agents are therefore fiduciaries subject to the prudent investor standard, as specified; specifies the objectives that the county is to meet when investing, reinvesting, acquiring, exchanging, selling, and managing public funds; makes other related provisions. STATUS: 03/21/95 INTRODUCED. 03/21/95 To SENATE Committees on LOCAL GOVERNMENT and APPROPRIATIONS. 03/27/95 From SENATE Committee on LOCAL GOVERNMENT with author's amendments. Read second time and amended. Re-referred to Committee. 03/29/95 In SENATE Committee on LOCAL GOVERNMENT: Not heard. 03/30/95 From SENATE Committee on LOCAL GOVERNMENT: Do pass as amended to Committee on APPROPRIATIONS. 04/06/95 In SENATE. Read second time and amended. Re-referred to Committee on APPROPRIATIONS. 04/17/95 From SENATE Committee on APPROPRIATIONS: Do pass as amended. 04/20/95 In SENATE. Read second time and amended. To third reading. 04/27/95 In SENATE. Read third time and amended. To second reading. 05/01/95 In SENATE. Read second time. To third reading. Read third time. Passed SENATE. *****To ASSEMBLY. CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 March 6, 1996 6:30 p.m. 1. Roll Call 2. Invocation/Pledge of Allegiance 3. Proclamation Declaring March 10 - 16, 1996 as Community Concert Association Week 4. Introduction of New Employee a. Rob Wilson, Sun House Museum Director 5. Approval/Correction of Minutes of Regular Meeting of February 21, 1996 . . . RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Deny Claim Received from Chris L. Hernandez, and Refer to City Insurance Carrier REMIF b. Adopt Resolution Extending the No Parking Zone on the East Side of South Dora Street in Front of Saint Mary's School c. Adopt Resolution Establishing and Abolishing No Parking Zones/Bus Loading Zones on the South Side of Standley Street and on the West Side of Main Street d. Accept Report to Council Regarding the Purchase of Sand for Golf Course Operations e. Approve Dates for 1996 Community Pride Week f. Approval of Amendment No. 5 with L. Younce for Easement to Airport Beacon on Cleland Mountain and Authorize City Manager to Execute Agreement AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is an item of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. . PUBLIC HEARING - 7:00 p.m. a. Increase Building, Electrical, Mechanical, and Plumbing Permit Fees and Amend the Model Codes Section 3000 of Ukiah Municipal Code i. Adoption of Resolution Updating Building Fees Pursuant to UMC Section 3050 ii. Introduction of Ordinance Amending UMC Section 300 10. PETITIONS AND COMMUNICATIONS a. Letter from Judy Pruden Regarding Pocket Park on Oak Street in City Parking Lot A b. Discussion Regarding North Coast Railroad Authority Letter, Dated February 16, 1996, Regarding City Representative Vacancy April 1996 11. UNFINISHED BUSINESS a. Presentation by City Treasurer Regarding Investment Advisory Services b. Consideration of Joint Powers Agreement Draft No. 9 for the Formulation and Implementation of the Mendocino County Inland Water and Power Commission and Authorize the Mayor to Execute 12. NEW BUSINESS a. Consideration and Approval of Community Services Department Restructuring Proposal and Authorization of Budget Amendment b. Adopt Resolution Authorizing the Mayor to Execute Amendment No. 2 to Contract No. 92-SAO-20058 Between the City of Ukiah and the Western Area Power Administration c. Authorize Budget Amendment in the Amount of $18,000 to Account 612-3580-250 for Payment of an Engineering Feasibility Study by Rau and Associates Relative to the Relocation of the Storage Pond Levees at the Wastewater Treatment Plant d. Consideration of Request from ESA for Additional Compensation Relating to Project Cost Overrun and the Performance of Work Beyond the Scope of the Landfill EIR Contract 13. CITY COUNCIL/REPORTS 14. CITY MANAGER/DEPARTMENT HEAD REPORTS 15. 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 54956.9 - Conference with Legal Counsel Regarding Potential Litigation 16. ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. ITEM NO. 4a DATE: March 6, 1996 AGENDA SUMMARY REPORT SUBJECT: INTRODUCTION OF NEW EMPLOYEE - ROB WILSON, SUN HOUSE MUSEUM DIRECTOR We are pleased to introduce Rob Wilson, who joined the City on February 26, 1996, as the new Cultural Arts/Museum Director for the Sun House/Grace Hudson Museum. Rob is a seasoned museum veteran with over 15 years of administrative experience as both Chief Curator of Art and Arts Administrator for three institutions. Rob has a bachelor's degree in history and a master's degree in art. He comes to the City of Ukiah from the Redding Museum of Art and History where he was employed for nine years. There he was responsible for the exhibition program, interpretive planning, and the Fine Art collection. He also has a strong background in personnel and financial management, public relations, fundraising, grantwriting, and is a credentialed Art History instructor at the State and Community College level. In his spare time Rob enjoys painting, sculpting, and travelling. He has travelled extensively throughout the world, including a one-year art history teaching position in Switzerland. He is especially fond of the history and culture of Mexico, and speaks fluent Spanish. We are truly fortunate to have someone of Rob's background and experience joining us at the City. We look forward to working with him and know he will be a great asset to our community. RECOMMENDED ACTION: Help us welcome Rob Wilson as the City of Ukiah's new Museum Director. 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: N/A Prepared by: Candace Horsley, City Manager Coordinated with: N/A Attachments: 1. None. APPROVED~._ _(~~Cand_ace Horsley, City I~anager R:4/CM ASRRW ITEM NO. 7a. DATE: March 6, 1996 AGENDA SUMMARY REPORT SUBJECT: Deny Claim for Damages Received from Chris Lane Hernandez, and Refer to City Insurance Carrier REMIF The claim from Chris Lane Hemandez was received on February 20, 1996, for reimbursement of towing expenses incurred during Ukiah Police traffic stop and citation of claimant's brother on August 23, 1995, who was driving claimants truck at the time. RECOMMENDED ACTION: Deny Claim for Damages Received from Chris Lane Hernandez, and Refer to City Insurance Carrier REMIF ALTERNATIVE COUNCIL POLICY OPTIONS' Alternative action not advised by City Risk Manager. Acct. No. (if NOT budgeted)' N/A Appropriation Requested: N/A Citizen Advised' N/A Acct. No. N/A (if budgeted) Requested by: Prepared by: Coordinated with: Attachments: APPROVED: Claimant Cathy McKay, City Clerk Candace Horsley, City Manager Claim of Chr~is Lane Hernandez C~th~iace I~or~l~ey, C,t~fMpnager NOTICE OF CLAIM AGAINST THE CITY OF UKIAH, CALIFORNIA This claim must be presented, as prescribed by Parts 3 and 4 of Division 3.6, of Title 1, of the ~overnment Code of the State of Califor.nia, by the claxmant or by a person acting on his/her behalf· ~'~'~::~ ' RETURN TOg City Clerk's Office P[~'~ '~%~ City of Ukiah 0/}-~. ]~' 300 Seminary Avenue Q~f~ ~ Ukiah, California 95482 ~ t)~-f,~%/~'iv; Number/Street and Post Office Box City State Home Phone Number Zip Code W~rk Phone Numbe~~- · NAME AND ADDRESS OF PERSON TO WHOM NOTICES REGARDING THIS CLAIM SHOULD BE .SENT (if different than above): · · · DATE OF THE ACCIDENT OR OCCURRENCE: ccc GENE~L DESCRIPTION OF THE ACCIDENT OR OCC~ENCE (Attach ad~tional pages if more space is needed): · NAMES, IF KNDWN, OF ANY PUBLIC EMPLOYEES CAUSING THE INJURY OR LOSS: · · NAMES AND ADDRESSES OF WITNESSES (optional): NAME ADDRESS TELEPHONE NAMES AND ADDRESSES OF DOCTORS/HOSPITALS WHERE TREATED: NAME ADDRESS TELEPHONE B. 10. GENERAL DESCRIPTION OF THE LOSS~ INJURY, OR DAMAGE SUFFERED: '-z- '/ 11. 12. TOTAL AMOUNT CLAIMED: _.. ~F~O--o.L.o 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) calend~r 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. SIGNATURE OF CLAIMANT(S) '4, .~.~ -. Received in City Clerk's O~f~ this 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 o~: your legal rights or to interpret any law. If you are in doubt regarding your legal ~ights or the interpretation of any law, we suggest that you seek legal counselin9' of your choice. 3: FORM~CLA IM Rev: 3110195 February 16, 1996 To Whom It May Concern: Attached to this claim are copies of the following: 1. Original citation 2. Tow receipt for $75 3. Copy of dismissal of citation Officer Hoyle of UPD stopped my brother driving my vehicle, a 1988 Beige, Ford Ranger Pick up. He did not state on the citation why he stopped him. My brother informed him that he did not have a license with him at that time. He cited him for driving without a license and had my vehicle towed at a cost to me of $75. Due to several delays and errors on the part of the court clerk, the matter was not heard until 2/2/96. In the time period from 8/95 to 2/2/96, a complaint was filed in a timely manner regarding the of[icer and UPD never responded to the complaint in writing per their own procedures. I am aware that a review of the complaint was done by Officer Hoyle's immediate supervisor and that Officer Hoyle made some incorrect statements as to what had gone on during the traffic stop. · My brother was never allowed to respond to the officer's statements as he was never advised of the outcome of the review. The information I received only after contacting UPD and talking with the supervisor who did the review with the officer. On 2/2/96 my brother and I appeared in Judge Labowitz's chambers to present his side of the case after several court clerk errors and at least 2 continuances by the court. Officer Hoyle who is currently on some kind of leave was not present in court to allow my brother the right to defend himself against the traffic stop so the Judge dismissed the case. I feel that in light of the dismissal I should receive the tow fees back. -., c~ < X UKIAH TOW 80 Orr Springs Rd. UKIAH, CA 9.5482 (707) ,45 P-)ad Service NO )HONE lIVER EXTRA PERSON ~,GE SERVICE TIME :INISH FINISH START START -- TOTAL TOTAL TOTAL ------------- SPECIAL EQUIPMENT EASON FOR TOW [] ACCIDENT [] ABANDONED [] FLAT TIRE [] SINGLE LINE WINCHING [] ARREST [] STOLEN CAR [] OUT OF GAS [] DUAL LINE WINCHING [] UNREGISTERED [] BREAK DOWN [] NATCH BLOCKS SC [] TOW ZONE [] LOCK OUT [] SNOW REMOVAL. [] START [] DOLLY TYPE OF TOW TOWED PER ORDER OF -'HICLE TOWED TO FIRST TOW [] SLING/HOIST TOW POLICE .A r BED/RAMP .OCAL POLICE T WHEEL LIFT [] DEALER TOWING CHARGE CASH [] Ct' ;K LIC NO. [] CREDIT CARD [] MC [] VISA OPE DAYS [] AMEX EXP. DATE MILEAG EXTRA PERSON SPECIAL EOUIPMENT LABOR CHARGE STORAG ~TURE TO ~ DATE DATE Nc ible for loss our control. TOTAL Thank You NOTICE:. SEN'fEI,ICE COMMITME!N'r FORM DATE FEBRUARY 08 1996 11:00 Arc, DEFENDANT LANE, B~'IAN BRADFORD JU DG E ~ _.NEt_.~.~ CLERK' "'~ ~~,.~. '"'*-' iNTERPRETER¥._k' C,.. :'C J,... -..~ ~ DEFENDANT ADVISED OF RIGHTS [] TIME WAIVED [] DEFENDANT PRESENTBA~i NOT PRESENT [] BTA [] EXON[] POSTED BY DEF [] DEP[] CRT TRIAL-INFRACT!ON CITATIO~ ¢)0R¢)630 FILEd MRT~95009A?30 PRO PER ~ ~T~A~9 OR'D ~ CITED FFTD ~ REIN BB ~ CITATION FACSIMILE CHARGES PLEA FINE OR PROOF~ DUE ' DISM LANE., BRIAN BRADFORD DI...N: V90~+3856 DOB: 09/08/61 VLN: 3K34775 VEH LIC EXP: 00/00 FORD 1988 F'U DATE: ¢~8/83/95 TIME: 09:15 LOC: 100 TALMAGE WB .=, I G N: ACC I DENT: i"~E!THOD OF STOP: D',EFENDANTADDRE~U" ' ' .... : ,': .... ti+ MENDF~CINO AVE sAr4]'A ROSA CA ~!AL_E HAIR: BLN HT: 5' 07" WGT: 165 OFF!CER: HOYLE CA 18500(A)Z~ VC UNLICENSED DRIVER 40508.6 VC ADMIN. ASSESSMENT EYES: BLU RACE: W AGY: UPD [] PAY YOUR FEES OF $ ON OR BEFORE [] TRIAL BY DECLARATION. PICK UP FORMS AT CLERK'S OFFICE TODAY. RETURN FORM BY [] CASE DISMISSED [] YOUR NEXT COURT DATE IS [] YOUR COURT TRIAL DATE IS [] COURT LOCATION [] WARRANT TO ISSUE FOR $ [] WARRANT RECALLED [] FTP/FTA RELEASE [] OFFICER NOTIFIED [] CASH ONLY TERMS OF PROBATION/SENTENCE COURT PROBATION GRANTED FOR FOLLOWING TERMS AND CONDITIONS MONTHS WITH THE [] FINE SUSPENDED $ DRIVER'S LICENSE SUSPENDED [] RESTRICTED [] DAYS/MONTHS MAY DRIVE TO AND FROM WORK [] DURING EMPLOYMENT [] TO AND FROM PROGRAM [] ALCOHOL [] ATTEND [] AWARENESS PROGRAM [] TRAFFIC SCHOOL YOU MUST REGISTER IMMEDIATELY AND COMPLETE WITHIN 60 DAYS COURT COST FEES DUE IMMEDIATELY [] PAY A FINE OF $ . TO THE CLERK'S OFFICE/R&R $ PER MONTH BEGINNING UNTIL PAID + $30.00 ADMIN. FEE. RESET TO $ WITH PROOF OF CORRECTION [] JAIL HOURS/DAYS IN LIEU OF $ IN FINES TURN IN TO COUNTY JAIL JUDGE DATE DEFENDANT'S SIGNATURE MAILING ADDRESS · ...... I HAVE RECEIVED A COPY OF THESE CONDITIONS OF SENTENCE AND I UNDERSTAND AND AGREE TO COMPY. VIOLATION OF THE CONDITIONS OF THIS SENTENCE WILL RESULT IN FURTHER COURT ACTION AND PENALTIES. SCMC 002 REV, 10/88 51600 COURT CLERK'S COPY CI ,5 C, ...j ..8 C, 0 C, ..O 0 Cq r...i I"J CO C' 0 C £0 -t II Ill II ~ :',4 ,0 -0 cq ~j ¢::::, Cq --I I"1'1 I'.-,I I--I . Z III, -- r-~ ,'...! mm :c::~ C ...,~ Crl C' r_rl I'-J CO C1 -.0 6'J m · Z .,.~ In 1946, a group of community leaders desired to bring to Ukiah aj~fordable and eq]oyable entertainment and to offer a variety of entertainment not present here at that time. This group began a series of meetings at the apartment of ~ Joan Frazier in the Palace Hotel, eventually organizing what is now the Ukiah Community Concert Association. For the past 50 years, the Ukiah Community Concert Association has been presenting four performances annually of a wide variety of g~ entertainment. For this 50th year, the Ukiah Community Concert Association will present five performances, including Terrance Ferrall, Guitarist; Zvi Plesser, Cellist; Bridgett Hooks, Soprano; the Lenny Soloman Trio; and the Black Mountain Male Choir of Wales. Virginia Williams, President, and Kathryn Thompson, Chair of the membership drive, have located an office in the SunHouse lobby from March 10 through March 16, for the purpose of sign-ups. NOW THEREFORE, I Fred Schneiter, Mayor of the City of Ukiah, along with my fellow City Councilmembers, Richard Shoemaker, James Wattenburger, Sheridan Malone, and Jim Mastin, do hereby de,.lare the week of March 10 through March 16, as ~ COMMUNITY CONCERT ASSOCIATION WEEK and urge all citizens who wish to become members to take this opportunity to join the Concert Association membership. Fred ,.~hnelter, Mayor ITEM NO. 7b. DATE: MARCH 6, 1996 AGENDA SUMMARY REPORT SUBJECT: ADOPT RESOLUTION EXTENDING THE NO PARKING ZONE ON THE EAST SIDE OF SOUTH DORA STREET IN FRONT OF ST. MARY'S SCHOOL As indicated in the attached correspondence from Mendocino Transit Authority, the extension of an existing no parking zone (red zone)/bus loading zone in front of St. Mary's School for the purpose of facilitating safer bus ingress/egress from the loading area is requested. This request was presented to the Traffic Engineering Committee at their meeting of February 13, 1996, and the Committee recommended approval of the request including the extension of the white zone by the same amount to replace an equal amount of white curb eliminated by the extension of the red curb. In discussion with the St. Mary's Administration, they desire no net loss of the white loading zone located just north of the no parking/bus loading zone. Pursuant to the Municipal Code, the City Engineer will cause the extension of the white loading zone as described should the red curb extension be approved. Extension of the red curb requires action by the City Council. RECOMMENDED ACTION: Adopt Resolution Extending the No Parking Zone on the East Side of South Dora Street in Front of Saint Mary's School. ALTERNATIVE COUNCIL POLICY OPTIONS: Deny request or approve different length for extension. Appropriation Requested: N/A Citizen Advised: Mendocino Transit Authority Requested by: Traffic Engineering Committee Prepared by: Rick H. Kennedy, Director of Public Works/City Engineer Coordinated with: Candace Horsley, City Manager Attachments: 1. Letter of request from MTA 2. Resolution APPROVED:~ ~.')~~0 ~ R:~Y.N, Canda~ ~o~iey, Ci~y h~ager 1976 Mendocino Transit Authority 20 Years of County-Wide Service 1996 Memo To: From: Date: Subject: City of Ukiah, Traffic Engineering Committee Steve Turner, Operations Manager, MTA February 7, 1996 Request for a twenty foot extension of the existing red curb in front of Saint Mary's School on South Dora Street, at the northern intersection of Luce Avenue Please consider our request to lengthen our bus stop at Saint Mary's School, on South Dora Street. Currently, the space available between the crosswalk and the northern end of the red curb area, is forty nine feet long. Beyond the red curb is a white curb passenger loading area extending another 70 feet. Automobile drivers park as close as possible to the end of the red curb, which forces the bus driver to stay back about ten feet from the north end of the loading area to allow space for the bus to pull away from the curb. This causes the rear end of the 35 foot bus to be just north of the cross walk, limiting visibility for the pedestrians and the crossing guard. We are asking that the City extend the red cub north an additional twenty feet to allow safer ingress and egress of the bus, and better visibility around the crosswalk. The white curb passenger loading area could also be extended twenty feet further north. The existing conditions and proposed changes are shown on the attached drawings. I will be forwarding a copy of this request to the principal at Saint Mary's School as well. Please feel free to call me directly in advance if you have questions. I am planning to attend the committee meeting on February 13, !996. Attachments cc: Saint Mary's School Sidewalk Bus Stop CROSSWALK Sidewalk Bus Stop ~ CROSSWAI~K 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RE~OLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH EXTENDING THE NO PARKING ZONE ON THE EAST SIDE OF SOUTH DORA STREET IN FRONT OF SAINT MARY'S SCHOOL WHEREAS, the City Council may by resolution designate portions of streets upon which the standing, parking or stopping of vehicles is prohibited or restricted pursuant to Article 11, Chapter 1, Division 8, of the Municipal Code; and WHEREAS, the Traffic Engineering Committee (Traffic Engineer) received a request from the Mendocino Transit Authority that the existing no parking zone on the east side of South Dora Street in front of St. Mary's School be extended twenty (20) feet to the north; and WHEREAS, a bus may stop in a no parking zone or red zone if marked or signed as a bus zone pursuant to the California Vehicle Code; and WHEREAS, said existing no parking zone or red zone is posted as a bus loading zone and said extension would provide safer ingress and egress for buses from said bus loading zone; and WHEREAS, the Traffic Engineer recommends that said extension be established and that the existing loading zone or white zone be extended to the north by twenty (20) feet to preserve the existing length of the white zone; and WHEREAS, the Traffic Engineer is authorized to establish loading zones subject to the provisions and restrictions pursuant to said Chapter 1 of Division 8 of the Municipal Code. NOW, THEREFORE, BE IT RF. SOLVED by the Ukiah City Council that the existing no parking zone/bus loading zone on the east side of South Dora Street in front of St. Mary's /// 1 3 6 ? 8 9 10 11 12 13 15 16 17 18 19 20 21 23 25 26 School be extended twenty (20) feet to the north. PASSED AND ADOPTED this day of 1996, by the following roll call vote. NOES: Fred Schneiter, Mayor ATFEST: Cathy McKay, City Clerk SI'MARY.NP ITEM NO. 7c DATE: MARCH 6, 1996 AGENDA SUMMARY REPORT SUBJECT: ADOPT RESOLUTION ESTABLISHING AND ABOLISHING NO PARKING ZONES/BUS LOADING ZONES ON THE SOUTH SIDE OF STANDLEY STREET AND ON THE WEST SIDE OF MAIN STREET As indicated in the attached correspondence, Mendocino Transit Authority (MTA) is requesting the relocation of the existing no parking/bus loading zone on the west side of Main Street just north of Perkins Street to the north just south of Standley Street, and the establishment of a new no parking/bus loading zone on the south side of Standley Street just west of Main Street. The purpose of this change is to improve bus routing by eliminating circuitous bus trips on Perkins, State, Standley and Main Streets. The Traffic Engineering Committee considered the request at their regular meeting of February 13, 1996, and recommended approval. It is also recommended that should sufficient lane width be available after the removal of the existing bus loading zone, a dedicated right-turn only lane be established for south bound vehicles on Main Street at Perkins Street. Should this request be approved, a net loss of one on-street parking space will result; this presumes that the two on-street parking stalls on Main Street will be re-established within the area of the bus loading zone being proposed for relocation. RECOMMENDED ACTION: Adopt Resolution Establishing and Abolishing No Parking Zones/Bus Loading Zones on the South Side of Standley Street and on the West Side of Main Street. ALTERNATIVE COUNCIL POLICY OPTIONS' Deny request. Appropriation Requested: N/A Citizen Advised: Mendocino Transit Authority Requested by: Traffic Engineering Committee Prepared by: Rick H. Kennedy, Director of Public Works/City Engineer Coordinated with: Candace Horsley, City Manager Attachments: 1. Letter of Request from MTA 2. Resolution ~P~,wP..~kROVED: CandaCe Horsley, Citi M~ager ASTANDLEY.NP 1976 Mendocino Transit Authority 20 Years of' County-Wide Service 1996 February 7, 1996 City of Ukiah, Traffic Engineering Committee City Hall Ukiah, CA 95482 Subject: Request for permission to relocate the bus stop, passenger bench and shelter on Main Street at Perkins Street For over sixteen years, the MTA has enjoyed the use of the curb area across from the Library, on south bound North Main Street, just north of Perkins Street, as a primary bus stop. Until about three years ago, this was also used as a transfer location with several buses meeting and exchanging passengers. All transferring is now done at the Crossroads Transit Center, next to Bagel-Zen- Blues. The library stop will continue to be our primary stop serving the downtown until a central facility is developed, perhaps at the railroad depot. The Main Street stop serves buses traveling both north and south on our local route and our services to the Valleys, Willits and the South Coast. In order to consolidate passengers for both directions into one stop, south bound buses are forced to circle the block bounded by Main, Perkins, State and Standley Streets on each trip (about 19 times per day). A transit consultant currently reviewing our local service, has suggested that by eliminating this circuitous movement, we could reduce our travel time and mileage and provide our passengers with a quicker, more direct service to their destinations. After reviewing the area around the existing stop, I have determined that a very efficient way to implement this suggestion would be to relocate our stop to the north end of the same block on North Main Street. (Please refer to the attached drawings.) South bound buses would stop on Standley, just short of the stop sign, then proceed north on Main Street after stopping at the stop sign. North bound buses ( traveling south on Main Street) would stop on Main Street, just south of Standley, and proceed west on Perkins on their route. 241 Plant Road · Ukiah. California 95482 · (707) 462-5765 Fax (707) 462-1760 The new stop location would consist of a new style aluminum and Plexiglas passenger shelter, a passenger bench and two signed stops. We would ask the City to post one sign on East Standley Street, east bound on an existing post behind the North Main Street stop. sign. The other sign would be needed on south bound North Main Street, just south of East Standley Street. It could replace the existing parking limit sign on Main. The existing bus stop sign could be replaced with a parking limit sign for the new spaces. These are identified on the attached "Proposed Revision" drawings. We also ask that the indicated parking spaces be removed and replaced with red curb. ADA access to the proposed stop would be accommodated by the existing twelve foot wide sidewalk on Main Street. On the Standley Street side, the sidewalk is only five and a half feet deep but existing public right of way as listed in the Block Book of Ukiah, March 2, 1908, is forty feet wide, thus extends onto the existing parking area immediately behind the sidewalk. The parking area grade matches the sidewalk and there are no parking barriers, feel that the relatively few wheelchair boardings and alightings at that stop can be accomplished without dedicated right of way. Some parking changes would be required and an opportunity would be gained to add a right turn pocket on south bound Main Street at Perkins. One existing parking place on Standley Street and two spaces on Main Street would be displaced. Two new parking spaces could be designated in the area the existing MTA stop is vacating, and a new right turn pocket could be striped as well. Ample alternative parking exists in the City lot on the north east corner of the Standley and Main Streets intersection to offset the net loss of one space. The shelter we propose to install at the new location would be a new style aluminum and Piexiglas model with clear sides and back to minimize the visual obstruction caused at the intersection. The current bench would be relocated and signs and associated hardware would be provided by the MTA. I hope you will act favorably on this request. We at MTA are excited about the prospect of this service improvement for relatively little effort. Feel free to contact me at or prior to the meeting if you have questions. I will attend the meeting and provide pictures of the site and proposed shelter at that time. Sincerely, Steve Turner Operations Manager Attachments ! - t 1 2 3 4 5 6 7 8 9 10 11 19. 13 14 15 16 17 18 19 20 9.1 9.9. 23 9.5 9.6 9.7 28 RF~OLUTION NO. RF_~OLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING AND ABOLISHING NO PARKING ZONES/BUS LOADING ZONF_S ON THE SOUTH SIDE OF STANDLEY STREET AND ON THE WEST SIDE OF MAIN STREET WHEREAS, the City Council may by resolution designate portions of streets upon which the standing, parking, or stopping of vehicles is prohibited or restricted pursuant to Article 11, Chapter I, Division 8, of the Municipal Code; and WHEREAS, the Traffic Engineering Committee (Traffic Engineer) received a request from the Mendocino Transit Authority that their operations could be improved by eliminating the existing no parking zone/bus loading zone on the west side of Main Street north of Perkins Street and establishing no parking zones/bus loading zones on the west side of Main Street south of Standley Street and on the south side of Standley Street just west of Main Street; and WHEREAS, a bus may stop in a no parking zone or red zone if marked or signed as a bus zone pursuant to the California State Vehicle Code; and WHEREAS, the Traffic Engineer recommends that the request be approved so that bus operations can be enhanced and the number of circuitous bus trips in the vicinity of the requested no parking zones/bus loading zones can be eliminated. NOW, THEREFORE, BE IT RESOLVED by the Ukiah City Council that the existing no parking zone/bus loading zone on the west side of Main Street just north of Perkins Street be abolished, and no parking zones/bus loading zones be established on the south side of Standley Street just west of Main Street, and on the west side of Main Street just south of Standley Street. The City Engineer shall determine the length of the no parking zones/bus loading zones needed to accommodate bus loading and shall establish two (2) on-street parking stalls in the vicinity of the abolished no parking zone/bus loading zone. If adequate 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 9.9. 23 9.4 25: 9.6 27 28 street widths exist, the City Engineer shall establish a right-turn only lane for south bound vehicles on Main Street turning west onto Perkins Street. PASSED AND ADOPTED this by the following roll call vote. day of , 1996, AYES: NOES: ABSENT: ABSTAIN: Fred Schneiter, Mayor ATTEST: Cathy McKay, City Clerk B:RF_~I STANDi..EY.NP ITEM NO. 7d DATE: March 6, 1996 AGENDA SUMMARY REPORT SUBJECT: ACCEPTANCE OF REPORT TO COUNCIL REGARDING THE PURCHASE OF SAND FOR GOLF COURSE OPERATIONS Pursuant to Section 1522(c) of the Ukiah Municipal Code, a report is required to be filed with the City Council whenever a purchase order has been issued for materials in an amount between $5,000 and $10,000. As indicated in the attached memorandum from Golf Course Superintendent Reed Carpenter, staff issued five bid requests with specifications for 150 tons of sand. Bid requests were issued to Borges Transfer, Redwood Valley; BCl Landscape Supplies, Fulton CA; Lone Star Industries, Redwood City; Sayan Industries, Napa; and Silica Resources, Marysville. A single bid was received from Borges Transfer, of Redwood Valley, in the amount of $5,570.00. This purchase represents the Golf Course's annual allocation of sand supply. RECOMMENDED ACTION: Accept report on purchase of 150 tons of sand from Borges Transfer in the amount of $5,570.00. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: Prepared by: Coordinated with: Attachments: Acct. No. 695-6120-690 (if budgeted) Larry DeKnoblough, Assistant Redevelopment Director~u--'~ Reed Carpenter, Golf Course Superintendent 1. Bid Request Form 2. Returned Bid Form with Borges Transfer Bid 3. Memo from Reed Carpenter APPROVED:~ .. C~n~ce H~rsley, ~it'~ R:4/Id ASRSand Manager TO: FEB 29 '96 04: 14PH CITY OF URIAH - PI_IRCHASIHG DEPT. CITY ot' u 1320 Aiq~t~ l~ad Ukieh CA- 954a2 THIS IS NOT AN ORDER DATE: ]/4196 BI~S WILL Bt[ ~ UM'U-, p.m..IanuaT 12, 1996 TI~ OFFIC:B OF TI~ PLrRCttASlNO AO~qT. OTY of UKIAH BY: N~n', Kmmedy QUOTATIONS ARE RPQUFJtTI~ FOR Till POLLOWING ~: QUANTITY DP-~. CRIPT-ION 75 tons g20 Coring Sand as p~ attached specifications. Delivery to be no later than March 15, 1996, . 50 tons 90/10 Top Dressing Blend as per attached specifications. Delivery to be no later th_n.n 19, 1996. 25 tons Bunker Sand as per auached s23ccifications. Delivery to be no later thru March 15, 1996. . Samples to be tested to meet all USGA specifications and guide- lines at a qualified soil lab of the City of Ukiah'$ choice at vendor's expense before order placed. ff you have questions regarding the above, plea~ contact: Reed Carpenter at 707-468-7646 (Pager) Golf/Park Superin~t SHALL BE F.O.B. UKIAH, CA. UNIT PRICE TOTAL DEL. TO: DEL. DATE: BIDDE~R: BY: · · i itl TITLE: Phone: I F~ 29 ~96 04: ~SPH ~IT'( ©F UK~H - PURCH~S~H~ CITY or' U U~ CA, 95482 1, REQUEST FOR QUOTATION THIa IS NOT AN ORDER DATE: 1/'4/96 TO: BORGES TRANSFER SERVICE P.O. Box 344 Redwood Valley, CA 95470 BIDS WILL BI~ ~ UNTIL :00 p,m. Januar~ 12, 1996 AT TH~ OFFIC~ OF ~ ~~O A~.~of~ BY: N~ ~ FOt.t.oWl~a rrmas: ALL SHALL BE F.O.B. UICI~, CA. UU % A 1 -- - ~ DESCRIPYION 75 tom ~0 C~g S=d ~ ~ '~ ~ M~eh 15, 1996. 50 ~o~ ~/10 Top ~s~S Blend ~ _, no later ~h~ Ap~ 19, 1996. 25 tom B~r S~d ~ ~ ~h~ a~ificafions. ~live. ~M~h 15, 1996. ~, ~- , · _ -- Sampl~ to be t~ted to m~t ~ea at a qu~ed s~ ~b of ~ City of Ukiah's choice ~ you havc q~ad~ ~g~ R~ ~utcr ~ ?~468-?~6 eager) Ool~ Su~m~em BIDDER: 1, Rigl~t la re~erved ~ r~i~t lo/mil ~ I:~1~. 2. RlghI ia, re=Jefvod m ~ ~m R~ un~ ~~ ~ ~ ~. 4. All ,u~tu~o ~ a~ ~~ea ~o, ~ ~ ~ ~~o s~. & ALL ~T~$ ~ ~E ~O, ~NI~ DA~ ~ TI~ ~P ~ 7. ~ au~l~ ~ ~, ~ ~ ~r~ ~ ~ ~~ M ~ ~ ~ q~ TO: City Council C/O Larry DeKnoblough FROM: R. Reed Carpenter Golf Superintendent DATE: February 7, 1996 SUBJECT: Acceptance of Sand Bid On January 4, 1996 the Golf department and Purchasing sent out a request for quotation on 75 tons of coring sand, 50 tons of 90/10 topdressing sand and 25 tons of bunker sand. We received only one bid back on January 12, 1996 from Borges Transfer of P.O. Box 344 Redwood Valley CA 95470 in the amount of $5,5570.00 dollars. We request that Council accepts the bid quote from Borges Transfer as it meets all the requirements of our specifications. ITEM NO. 7e DATE: MARCH 6, 1996 AGENDA SUMMARY REPORT SUBJECT: APPROVE DATE FOR 1996 COMMUNITY PRIDE WEEK The City of Ukiah is preparing for its third annual Community Pride Week. This Program is offered to the residential and small business communities of the City of Ukiah only. The Program includes the following: le HOME/YARD BEAUTIFICATION PROGRAM, including free disposal of recyclable materials at the Disposal Site such as scrap metals, clean woodwaste, yardwaste and clean concrete, stone or masonry debris (maximum amount allowed is four cubic yards or 24 thirty gallon garbage cans). In addition, City residents/small businesses are allowed free disposal of four tires (auto or pickup only) and one appliance (provided appliance is accompanied by a statement by a qualified refrigeration technician affirming that the refrigerant has been properly and legally removed and recovered, if appropriate). e CLEAN-UP ASSISTANCE FOR THE DISABLED AND ELDERLY (60 years or older). Solid Wastes Systems and local youth organizations, as well as the California Conservation Corp offer assistance for those are unable to do clean-up. RECOMMENDED ACTION: City Council set May 18 through May 25, 1996 as the 1996 Community Pride Week. ALTERNATIVE COUNCIL POLICY OPTIONS: Choose another date for Community Pride Week. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Sue A. Goodrick, Public Works Administrative Assistant Sue A. Goodrick, Public Works Administrative Assistant Rick H. Kennedy, Director of Public Works/City Engineer Candace Horsley, City Manager None Canda--~e Horsley, City ~~ager R:l~:ldt ACOMMPRJDE.96 Approve Dates for 1996 Community Pride Week March 6, 1996 Page 2 o TRADE-BARTER DAYS a "City-wide garage sale." Although this program has in the past been run two weekends, Staff is recommending one weekend for the Garage Sale - May 18 & 19, 1996; the second weekend (May 25 and 26) would conflict with the Memorial Day weekend. Participants pay a registration fee of $2.00. In return, they receive a garage sale sign and the event and addresses are heavily advertised in the local paper, as well as being distributed to all City residents and businesses through a special mailing. GRAFFITI REMOVAL/CLEAN-UP PROGRAM. Local youth groups participate with the PAL Program to assist in graffiti clean-up. To eliminate potential conflicts with the Mother's Day and Memorial Day holidays, Staff recommends the event be set for March 18 through March 25, 1996. SAG:kit R:I~W ACOMMPRIDE.96 ITEM NO. 7f. DATE: MARCH 6, 1996 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF AMENDMENT NO. 5 WITH L. YOUNCE FOR EASEMENT TO AIRPORT BEACON ON CLELAND MOUNTAIN AND AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT The latest agreement with Larkin D. Younce, an easement to access the airway Beacon located atop Cleland Mountain expired at the end of 1995. Mr. Younce has requested an amendment to the original agreement. Initially, the request was for a five year extension of the agreement and an annual increase of five percent. Last year's payment was $2,552.56. Staff was able to negotiate a reduced rate of three and one half pecent annual increase, citing greatly reduced usage of the road because of the new beacon, and the slight increases in inflation in the past few years. The City is required by agreement with the FAA to keep the Beacon in good working order. Staff believes this agreement is fair to the City and Mr. Younce, and recommends approval by the City Council. RECOMMENDED ACTION: Approve Amendment No. 5 and authorize City Manager to Execute Agreement. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine rental rate must be changed, identify modification, and approve revised amendment. Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: Yes Requested by: Don Bua, Airport Manager Prepared by: Don Bua, Airport Manager Coordinated with: Attachments: 1. 2. Acct. No.: (if budgeted) Candace Horsley, City Manager Amendment No. 5, page 1. Original agreement, pages 2-3. 600.5001.250 APPROVED: ( ~ ( ,~3~_~~~ ~e Horsley, C~y I~anager mfh:basrcc 3896YOUNCE AGREEMENT NO. 5 BEACON RIGHT-OF-WAY AGREEMENT LARKIN D. YOUNCE This Amendment made the 6th day of March, 1996 to that Agreement between Larkin D. Younce and the City of Ukiah dated January 7, 1970 continue in full force and effect all provisions of said previous Agreement except to the extent modified by the following: 1. 1996 rental rate shall be $2,645 per year. 2. Rate shall increase yearly at 3.5 percent and shall be: 1997 - $2,738 1998 - $2,834 1999 - $2,933 2000 - $3,036 3. Agreement shall expire December 31, 2000; neither party shall have a right of cancellation. IN WITNESS WHEREOF, the parties have executed this amendment the day and year first above written. CITY OF UKIAH Candace Horsley City Manager Larkin D. Younce ATTEST: City Clerk mfh:basrcc YOUNCEAGREEMENT 1 4 5 6 7 8 ~.'~ 10 · 11 15 16 19 ' 20 21 22 24 25 26 O;-ql"" ,-:~NAL ' AGR EI:iHI':I.I 1 -i · TH18 AGREEMENT made this 7th day of January 1970 between Larkin D. Younce,i ., Party of the First Part and City of Ukiah, a Municipal Corporation of the State of California, Party of the Second Part. W ~ T N E S S E T Party of the first part grants to second party the right to travel over · private property to the airplane beacon at the top of Doolin Hountain.' 1. Travel is restricted to the existing roadway serving the property on which the beacon is located or future alteration of the existing roadway. 2. The party of the first part may not unreasonably increase grades of the existing roadway or directions which would make its use for access to the beacon unreasonable. 3. The right to use such road is solely for travel necessary for repair, maintenance and inspection of said beacon. 4. Party of the first part shall have the right to erect and maintain locked gates on said roadway provided second party is furnished keys for access. 5. Party of the first part shall not be responsible for'maintenance or repairs to said road. 6. The right to use private roadway is non exclusive. 7. The term of this agreement is for five years beginning December 1, 1969 but may be cancelled by either party at the end of any ),ear by giving at least 60 days notice in writing to the other party prior to the end of the year the termination becomes effective, 8. Party of the second part shall pay party of first part annually in advance on 1)tectal, er 1st of each year $720.00 . . . ............ . ........ For any default in the performance of the terms hereof by second party first party may declare this agreement terminated and may exclude second party, its ay. ents, servants, officers and employc, es from said premises. ,~. ~,.: ~-., .~....~ ....... ~ · . ..... .. ~ ... · ...,..... · ,... ...:...o ....~..: . ,J' ;,..... . . . .... ~ . . . .. ~ .... ,~2'?'?.' ',:,:',~!,,,::,-'~':,'-~,' :.'... :. '~,';;'.;.. ,.. .' ...'... - ., .'.,~,-;-:-:,'<,.-.(~-' ':'.',' f . .".. :,-:.. . ': ., .......... -'.-aw,',,,: ...... · ....... ;,.,,.. ,. ..... '.,.' ..,. .... - .. , ~,,~ ..... · ...... ....i ..... .-. ' · .: ':. ' "--" "': .......... ,,.,., ~.: :,..-.: .... .,,~...... ;..,,...... ..... :....., .... , ,.. .... :. ,,.-.....:....¥,.., ..:,--.,..-...,....,....,,,,.., .,............. . · ....: i~.~."~.":-....':. .... .. 10 11 12 15 14 :85 24 :85 ~G 5O : 281! ATTEST: CI'Pf CLERK 51 10. Any notice or demand which is provided or permitted to be given to either party hereunder or under any present or future provisions of law shall be deemed to have been given or ,lade when the same has been deposited in the United States mail in tile State of California registered ' and postage prepaid~ and addressed to First Party at Ukiah, California, and addressed to Second Party at Ukiah, Califot'nia. Said addresses may be changed by such notice in writing. 11. Time is of the essence of this agreement and of each and all of its provisions, and no waiver of any breach of the terms, provisions, covenants, agreements or conditions herein contained shall operate as a waiver or relinquishment for the future of any such term, provision, covenant, agreement, or condition, or as a waiver or rc!inquishment of any other term, provision, covenant, agreement or condition hereof, nor, in the event of waiver by First Party of tile breach of any of the terms, provisions~ covenants~ agreements or conditions hereof, shall First Party be obligated to notify Second Party that strict l~crfor,nance will be required thereafter. 52 IN WITNESS WIIEREOF, the parties have executed, or caused to be executed, these presents the day and year first a~.v%written. r ! CI2~Y OF UKIAI[ Party of tile Second Part ' ., Hayor -2- 9a ITEM NO. DATE: March 6, 1996 AGENDA SUMMARY REPORT SUBJECT: INCREASE BUILDING PERMIT FEES; AND AMEND "MODEL CODES" SECTION ({}3000) OF THE MUNICIPAL CODE SUMMARY: During the Fiscal Year 1995-96 budget sessions, staff presented background information and data to the City Council in support of a finding that the City's building fees (Continued on page 2) RECOMMENDED ACTION: 1) City Council adopt the Resolution updating building fees; 2) Introduce by title only ordinance amending Section 3000 of the City Code updating by reference State-adopted model codes pertaining to building. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Do not increase building fees; thereby continue to assess permit fees according to 1982 model codes and standards. 2. Do not amend Ukiah Municipal Code Section 3000; thereby continue to list outdated model codes which are not consistent with State law. Approve the concept to increase building fees, but remand to staff to further refine the method of computation or quantitative values associated with the fees. . Citizen Advised: Legal Notice; letter of intent to North Coast Builders Exchange; and announcement handed out with building permit applications Requested by: Planning Department Prepared by: Robert Sawyer, Planning Director Coordinated with: Candace Horsley, City Manager; and David Rapport, City Attorney Attachments in order: 1) Resolution; 2) Ordinance amendment; 3) UMC §3000; 4) Tables A, B, & C; 5) Table D; 6) Table E; 7) Haskell Letter; 8) Announcement; 9) 1995 & 1982 Building Valuation Tables; 10) 1994 Fees Tables; 11) 1982 Fees Tables APPROVED: (_(~~ ~~:-~~ Candace Horsley, City ~nager for Building, Electrical, Mechanical, and Plumbing Permits are woefully Iow and outdated. Furthermore, staff indicated that the fees needed to be updated in order to begin recovering a more reasonable amount of the costs incurred to operate the Building Inspection Division. Indeed, the City has not increased fees for Building, Electrical, Mechanical, and Plumbing Permits since 1982, and continues to assess fees according to 1982 fee and building valuation tables. This has resulted, year after year, in a rather substantial and ever increasing shortfall of revenues needed to defray the ever increasing costs associated with the operation and maintenance of the building inspection service. Tables A, B, and C (attached) quantify this "shortfall", which is more thoroughly described below. In response, Council directed staff to further develop the relevant documentation, apprise the building community of our intentions, and return for a formal hearing on the subject. Accordingly, the following information is provided to assist the Council in affirmatively deciding this proposal, thereby increasing building fees commensurate with the fees tables contained in the Uniform Administrative Code, 1994 Edition, and updating the resource material by which building valuation is determined. The Uniform Administrative Code is one of numerous "model codes" pertaining to building standards prepared by the International Conference of Building Officials (ICBO). The model codes are revised every 3 years, and 1994 is the most current year for all of the model codes. Hence, the fees tables for Building, Electrical, Mechanical, and Plumbing Permits are fixed for three-year intervals, and it will not be until sometime in 1997 that new standards are established, and well after that date when the State of California amends and adopts the uniform model codes. In addition to increasing building fees, which is more fully described and justified below, the City needs to update and amend Section 3000 of the Ukiah Municipal Code in order to be consistent with State law. Currently, Section 3000 codifies a list of outdated (mostly dated 1982) uniform model codes, and in one case a no longer existent model code, pertaining to building activities. The State now requires that the local agency adopt various model codes associated with Title 24 of the California Code of Regulations, and the attached ordinance amendment achieves, by reference, this requirement. By adopting the amended language, the outdated and no longer applicable "model codes" would be replaced with provisions for continually being in compliance with State law pertaining to the enforcement of building codes. It should be noted, however, that locally adopted supplements to the State codes (e.g., historical review of demolition permits) remain in force and are not affected by the proposed amendment language. (The currently adopted version of §3000 is attached, as are the proposed amendments, for comparison purposes.) General Background Information on Fees Building permit fees are derived by determining the valuation of the proposed construction project, and cross-referencing the valuation to a standard fee table contained in the Uniform Building Code (UBC), and replicated in the Uniform Administrative Code. Valuation is determined by multiplying the square footage of the construction project by a a cost-per-square foot factor to build the type of structure proposed. A table of the various types of buildings and the average cost to build them, per square foot, is contained in the bi-monthly periodical entitled Building Standards, published by the International Conference of Building Officials (ICBO), which also is responsible for updating the UBC every three years. The City of Ukiah currently utilizes the 1982 Uniform Building Code fees table, and, as importantly, utilizes a 1982 Building Standards valuation table to determine construction valuation. Needless to say, using 1982 fee and valuation tables puts this City 12 years behind current building cost estimates and fees, which regrettably correlates to a sizable net operating loss for maintaining the building inspection function. It is noteworthy to realize that virtually all the city and county agencies we polled on the subject of building permit fees utilize relatively current fee and valuation tables (see Table E), and the City of Ukiah may very well be the only agency in the State deriving its fees from standards established in the early 1980's. Indeed, our research indicates that the 1982 fees are roughly 155% lower than the 1994 fees, although obviously the same cannot be said for the ever increasing costs associated with operating any building inspection service. Table D (Fees Comparison Table) shows rather dramatically how much revenue is lost by using the outdated fee table, wherein four typical construction projects were compared using 1982, 1991, and 1994 fee and valuation tables. Table D also provides an example of how building permit fees are calculated, using a typical 1,500 square foot, wood frame residential structure. Similarly, fees for Electrical, Mechanical, and Plumbing Permits have gone up substantially since 1982, although building valuation is not a variable in determining these fees. Rather, each has a fiat rate for permit processing and issuance, and the total fee is a function of the type and extent of work being performed, which correlates to the extent of plan checking and field inspections needed to assure compliance with all relevant codes. As with Building Permits, however, the fees tables for Electrical, Mechanical, and Plumbing Permits are embodied in the Uniform Administrative Code, 1994 Edition, which is being proposed for adoption (by reference) in the amended "model codes" language of City Code §3000, as well as the accompanying Resolution intended to implement the fee increases. (Fees tables from the 1994 and 1982 Uniform Administrative Codes are attached, as is the most current ICBO valuation table.) Building Division Costs and Revenues Referring to Fiscal Year 1994-95, which is the last full fiscal year on record, the Building Division cost the City of Ukiah $125,481 to operate. This amount is comprised of salaries, contractual services (private structural engineering plan checks), and other miscellaneous overhead costs (insurance, supplies, transportation, clerical support, etc.). In substantial contrast, the City collected $46,589 in building permit fees for the same period, resulting in a net operating loss of $78,892. If up-to-date fees had been charged during FY 94-95, the revenue received would have been approximately $72,213 (155% x 46,589 - $72,213), which would have diminished the operational loss to $53,269 ($125,481 - $72,213 - $53,269). While total parity may not be achievable, given the fee structures established in the Uniform Administrative Code, and the relatively high level of service being provided by 2. Adopt the proposed Resolution that increases fees for Building, Electrical, Mechanical, and Plumbing Permits which: ao b, co do adopts by reference the Uniform Administrative Code, 1994 Edition, and its fees tables pertaining to Building, Electrical, Mechanical, and Plumbing Permits; adopts the valuation table contained in the March/April 1996 issue of the Buildin_o Standards periodical published bi-monthly by ICBO; adopts the procedure for automatically updating and implementing, on an annual basis, the use of future March/April issues of the ICBO periodical entitled Building Standards for the determination of construction valuation; and makes a., b., and c., effective immediately. ATTACHMENT I RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING UPDATED BUILDING PERMIT FEES PURSUANT TO UKIAH MUNICIPAL CODE § 3050 WHEREAS, 1. Building Permit fees, Electrical Permit fees, Mechanical Permit fees, and Plumbing Permit fees in the City of Ukiah have not been updated since 1982 when model codes pertaining to the subject permits were adopted; and 2. The fees associated with the cited 1982 fees tables are woefully inadequate to defray the costs incurred by the City in 1996, and hereafter, for building permit services, including plan checking, permit issuance, and field inspections; and 3. Building, Electrical, Mechanical, and Plumbing Permit fees contained in the respective model codes, and collectively embodied in the Uniform Administrative Code, are updated and adopted every three years by the International Conference of Building Officials (ICBO) and adopted, as amended, by the State of California; and 4. Building Permit fees are computed by first establishing a total valuation of the cost of construction, using the "Building Valuation Data" table established by ICBO in their bi-monthly publication entitled Building Standards, and then by correlating the total valuation to the fees table contained in the Uniform Administrative Code; and 5. Electrical, Mechanical, and Plumbing Permit fees are determined by criteria related to the type and range of work being performed, in addition to a flat permit issuance fee; and 6. Chapter 1, Article 4, Section 3050 of the Ukiah Municipal Code allows that "the City Council may, from time to time by resolution, establish fees to be charged and collected for permits issued and services rendered" in the Building Inspection Division. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts the following standards for updating and determining building permit fees: 1. The Building Permit, Electrical Permit, Mechanical Permit, and Plumbing Permit fees tables contained in the Uniform Administrative Code, 1994 Edition shall be used by the City to determine respective fees. 2. Construction valuation, which is a required quantitative value or amount needed to fully assess the total building permit fee, shall be determined by utilizing the table entitled "Building Valuation Data" in each March/April issue of the most current calendar year ICBO publication entitled Building Standards. 3. The City shall determine construction valuation by using the March/April issue of Building Standards for the period commencing with the publication of that issue until the publication of the March/April issue for the next calendar year. At any time, the City Council by resolution may change the method of determining construction valuation. 4. The standards and criteria established above shall become effective immediately upon adoption of this Resolution. PASSED AND ADOPTED on March 6, 1996, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Fred Schneiter, Mayor ATTEST: Cathy McKay, City Clerk ATTACHMENT 2 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTION 3000 OF THE UKIAH CITY CODE The City Council of the City of Ukiah hereby ordains as follows: SECTION 1. Ukiah City Code Section 3000 is hereby amended to read as follows: Except as amended or modified by other provisions of this Division (Division 3, entitled "Building"), the City Council hereby 'adopts by reference and makes effective within the City of Ukiah, the versions of the uniform codes, as defined in Sections 3001- 3011, which have been adopted by the Department of Housing and Community Development and are contained in Title 24 of the California Code of Regulations, as they are adopted, amended, or repealed from time to time pursuant to Chapter 2 of Part 1.5 of Division 13 of the Health and Safety Code (commencing with Section 17910). SECTION 2. 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 call vote: ,1996. by the following roll AYES: NOES: ABSENT: ABSTAIN: Adopted on AYES: NOES: ABSENT: ABSTAIN: ,1996, by the following roll call vote: ATTEST: Fred Schneiter, Mayor Cathy McKay, City Clerk ATTACHMENT 3 §3000 §3000 CHAPTER 1 BUILDING REGULATIONS~ ARTICLE 1. MODEL CODE ADOPTION SECTION' §3000' Adoption of Model Codes §3000' A, B. C, ADOPTION OF MODEL CODES: The following model codes are hereby adopted by reference: De Uniform Building Code 1982 Edition, including the Appendix thereto. Historical Note: The Uniform Building Code has been in effect in Ukiah since 1929. Prior editions of the U.B.C. are: 1927 Ed., adopted by Ord. 297; 1949 Ed., adopted by Ord. 433; 1952 Ed., adopted by Ord. 457; 1958 Ed., adopted by Ord. 527; 1961 Ed., adopted by Ord. 555; 1964 Ed., adopted by Ord. 582; 1979 Ed., adopted by Ord. 738; 1982 Ed., adopted by Ord. 838. Uniform Building Codes Standards, 1982 Edition. Uniform Housing Code, 1982 Edition. Historical Note: The Uniform Housing Code 1961 Edition was adopted 1963. Cross Reference: The "State Housing Law", Sec. 17922, Health and Safety Code adopted in 1961, made the Uniform Housing Code applicable to all areas of the State. Uniform Code for the Abatement of Dangerous Building, 1982 Edition. ,.. 1. Repealed' Chapters 1, 2, 3, 4, 5 and 6 of Division 3 adopting new Chapter 1 (Ord. 297, adopted 1949; amd. by Ord. 527, {}4, adopted 1958; Ord. 555, {}1, adopted 1963; Ord. 582, {}{}1, 2, 3, 4, 5, 7 and 8, adopted 1966; Ord. 668, {}{}1, 2, 3, 4, 5, 6, 7, 8, 9, 13, 14, 17 and 18, adopted 1975; Ord. 738, {}{}2, 3, 4, 5, 6 and 7, adopted 1980; Ord. 755, §1, adopted 1981; Ord. 821 {}1 adopted 1983; and repealed by Ord. 838, §1, adopted 1984) ' 3OO3 §3000 §3000 Ee Fl He Uniform Plumbing Code, 1982 Edition, including the Appendix and Standards thereto. Historical Note: The Uniform Plumbing Code. has been in effect in Ukiah since 1951. Prior editions of the Code are: 1950 Ed., adopted by Ord. 448; 1952 Ed., adopted by Ord. 480; 1964 Ed., adopted by Ord. 582. Uniform Mechanical Code, 1982 Edition, including the Appendix thereto. Uniform Electrical Code, 1979 Edition. Historical Note' The Uniform Electrical Code has been in effect in Ukiah since 1953; see Ord. 503. National Electrical Code, 1984 Edition. Historical Note: The National Code has been in effect in Ukiah since 1953 as a part of the Uniform Electrical Code adopted by Ord. 503. (Ord. 838, §1, adopted 1984) Uniform Code for Building Conservation, 1988 Edition. (Ord. 913, §2, adopted 1990) 3OO4 ATTACHMENT 4 TABLE A FISCAL YEAR 1994/95 BUILDING DIVISION COSTS Contractual Services (structural engineering plan checks) Salaries Cumulative other overhead costs (insurance, supplies, transportation, clerical support, etc.) $18,219 $79,769 $27,493 TABLE B FISCAL YEAR 1994/95 BUILDING DIVISION REVENUES TABLE C FISCAL YEAR 1994/95 BUILDING DIVISION REVENUE SHORTFALL Costs To Operate Building Division Revenue From Building Permit Fees $125,481 $ 46,589 ATTACHMENT ATTACHMENT 6 TABLE E Building Permit Fee Survey Healdsburg (pop. 92,500; Sonoma County) - 1994 fees; applicant sets valuation CIoverdale (pop. 5,596; Sonoma County) - 1994 fees; current ICBO valuation table Santa Rosa (pop. 128,255; Sonoma County)- 1994 fees; current valuation table Windsor (pop.19,000; Sonoma County) - 1994 fees; current valuation table Sonoma (pop. 9,000; Sonoma County)- 1994 fees; current valuation table Lakeport (pop. 5,000; Lake County) - 1994 fees; current valuation table Napa (pop. 60,000; Napa County) - 1994 fees; current valuation table Willits (pop. 5,027; Mendocino County) - 1994 fees; valuation table updated every 3 years Arcata (pop. 15,100; Humboldt County)- 1994 fees; valuation table updated as needed Eureka (pop. 25,000; Humboldt County) - 1994 fees; adopts a new valuation table every time a new model code is adopted (roughly every 3 to 4 years) Definitions Building Valuation Data' A compilation of building types and their respective average costs to construct per square foot of structure. Contained in the bi-monthly trade periodical Building Standards, published by the International Conference of Building Officials (ICBO). Average costs of construction are continually adjusted by ICBO to reflect current market conditions UBC (Uniform Building Code): Building-related portions of the "Title 24, California Code of Regulations" or more commonly known as California Building Regulations which contains a building permit fees tables (Building, Electrical, Mechanical, and Plumbing). Fees are established by correlating a total valuation amount to the fee table. Survey conducted by City of Ukiah Building Plans Examiner 300 S~IR,~:~VE., UKIAH, CA 95482-5400 · ,4DMIN. 707/463-6200 · PUBLIC 5AF'E3Y 463-6242/6274 · FAX It 707/463-62.04 · Mr. George Haskell General Manager North Ooast Builders Exchange 987 Airway Oourt P.O. Box 6025 Santa Rosa, CA 95406 ATTACHMENT 7 January 12, 1996 Re: City of Ukiah Building Permit Fees Dear Mr. Haskell: Please be informed that the City of Ukiah Planning Department intends to forward a proposal to the City Council which, if approved, would raise Building Permit fees. We anticipate that such a proposal will be placed on a Council agenda in the month of February or March of this year, although a precise date has not yet been established. The need to raise permit fees was recently discussed with the City Council at its Fiscal Year 1995/96 budget hearings, at which time staff was directed to pursue the matter and return to Council with an official proposal for consideration and possible adoption. Simply stated, whereas the City currently derives its plan checking and permit fees by applying the exceedingly outdated 1982 Uniform Building Code permit fee table, as well as a 1982 valuation table, the new fees would reflect the recently published 1994 Un/form Building Code permit fee table, as well as a 1994 valuation table. This shift would enable the City, therefore its tax-paying citizens, to recover a more reasonable fraction of the costs it incurs in processing Building Permits. At the present time, the City loses a substantial amount of money on just covering the basic functions of permit processing, such as in-house plan checking and field inspections, and this scenario is dramatically exacerbated when all costs are tallied, such as salaries, vehicle maintenance, clerical support, privately contracted structural engineering plan checks, and alike. A fee-to-cost shortfall will surely remain, although a greater degree of parity will be achieved by the proposed revision. I have attached three tables which identify and summarize the financial shortfall this City faces each year by using the outdated fee schedule. Table "A" shows the total operating costs of the building inspection function in the City of Ukiah for Fiscal Year 1994/95 (the last full year on record), which amounted to $125,481. Table "B" shows the total amount we collected from Building Permit fees during the same period, which, using the 1982 UBC fee and valuation tables, amounted to $46,589. Last, Table "C" contrasts the costs to revenues, which shows a net operating loss of $78,892. It is notewodhy to consider that even if the Building Permit fees are increased commensurate with the most current UBC fee table, the City will still realize a net operating loss, albeit somewhat closer to parity. Indeed, our research indicates that the 1994 '~Ve Are Here To Serve" fee schedule is roughly 155% higher than the 1982 schedule; accordingly, 155% times the amount we received in Building Permit fees last year ($46,589) amounts to $72,213, which remains substantially below our cited operating costs of $125,481. Prior to any Council hearing, I will be preparing a specific proposal and staff report which will quantify and explain the Department's rationale and justification for the suggested increase in Building Permit fees, much like what I've provided in this letter. Once I have this documentation in order, I will once again notify you. and other construction industry parties, who might be affected, and I will welcome any and all feedback you or the members of your organization might want to submit, in the meantime, this letter is merely a courtesy "heads up" on our intentions, and any exposure of such to your members who build in Ukiah would be appreciated. Thank you for your anticipated interest in this matter. If you have any questions or comments, please do not hesitate to contact me at your convenience. Sincerely, Planning Director c: Honorable Mayor and City Council Candace Horsley, City Manager Mike Harris, Assistant to the City Manager Gordon Elton, Finance Director Clif Shepard, Building Inspector" Carl Tuliback, Plans Examiner TABLE A FISCAL YEAR 1994/95 BUILDING DIVISION COSTS Contractual Services (structural engineering plan checks) Salaries Cumulative other overhead costs (insurance, supplies, transportation, clerical support, etc.) $18,219 $79,769 $27,493 TABLE B FISCAL YEAR 1994/95 BUILDING DIVISION REVENUES · TABLE C FISCAL YEAR 1994/95 BUILDING DIVISION REVENUE SHORTFALL Costs To Operate Building Division Revenue From Building Permit Fees $125,481 $ 46,589 ATTACHMENT 8 :'-'!"BUILDING VALUATION DATA ATTACHMENT 9 Al the req'Je~l , ff nt,,m~.l~us building officials, Building Standards offers the following building valuation data representing average costs for most buildings. Because resi lenl~ai bt~il(iings are the most common for many cities, two general classes are considered for these, one for "average" construction and the other for "good." ,~,dius!mer, ts ~.hould be made for special architectural or structural features and the location of the project. Higher or lower unit costs may often result. The unil c~sts ,m, i~le~k,d Io comply with the definition of "valuation" in Section 223 of the 1994 Uniform Building CodeTM and thus include architectural, structural, electrical, t~lumbing and mechanical work, except as specifically listed below. The unit costs also include the contractor's profit, which should not be omitled. The determinalion of plan check fees for projects reviewed by the International Conference of Building Officials will be based on valuation computed from these figures, which were established in April 199.5. Cost per Square Foot, Occupancy and Type Average 1. APARTMENT HOUSES: Type I or II F.R.* ...... $ 75.70 (Good) $93.00 Type V--Masonry (or Type Ill) .......... 61.40 (Good) $75.00 Type V--Wood Frame ... 53.60 (Good) $68.90 Type I--Basement Garage 31.80 2. AUDITORIUMS: Type I or I1 F.R .......... 89.60 Type I1--1-Hour ........ 64.20 Type II--N ............. 60.80 Type II1--1-Hour ........ 67.60 Type III--N ............ 64.50 Type V--1-Hour ........ 64.20 Type V--N ............. 60.50 3. BANKS: Type I or II F.R.* ....... 126.80 Type I1--1-Hour ........ 92.20 Type II--N ............ 89.40 Type II1--1 -Hour ....... 101.70 Type III--N ............ 98.30 'l"ype V~I-Hour ........ 91.90 Type V--N ............. 88.00 4. BOWLING ALLEYS: Type I1--1 -Hour ........ 43.10 Type II--N ............. 40.30 Type II1--1-Hour ....... 46.90 Type IiI--N ............ 43.90 Type V--1-Flour ........ 31.50 5. CHURCHES: Type I or II F.R .......... 84.80 Type I1--1-Hour ........ 62.90 Type II--N ............. 59.80 'lype II1~1-Hour ........ 68.50 Type III--N ............ 65.50 Type V--1-Hour ........ 63.80 Type V--N ............. 60.00 6. CONVALESCENT HOSPITALS: Type I or II F.R.* ....... 118.80 Type I1--1-Hour ........ 81.20 Type II1--1-Hour ....... 83.70 Type V--1-Hour ........ 78.50 Cost per Square Foot, Occupancy and Type Average 7. DWELLINGS: Type V--Masonry ....... 63.80 (Good) $81.50 Type V---Wood Frame ... 56.70 (Good) $77.90 Basements~ Semi-Finished ........ 16.90 (Good) $19.50 Unfinished ........... 12.20 (Good) $14.90 8. FIRE STATIONS: Type I or II F.R .......... 96.80 Type I1--1-Hour ........ 63.50 Type II--N ............. 60.00 Type II1--1-Hour ........ 69.70 Type III~N ............ 66.80 Type V~I-Hour ........ 65.00 Type V--N ............. 61.90 9. HOMES FOR THE ELDERLY: Type I or II F.R .......... 88.80 Type I1~1-Hour ........ 71.40 Type II--N ............. 68.20 Type II1~1-Hour ........ 74.20 Type III--N ............ 71.20 Type V~l-Hour ........ 71.60 Type V--N ............. 68.70 10. HOSPITALS: Type I or II F.R.* ....... 139.50 Type Ill--l-Hour ....... 114.40 Type V~I -Hour ....... 108.50 11. HOTELS AND MOTELS: Type I or II F.R.* ........ 85.90 Type II1--1-Hour ........ 74.00 Type III~N ............ 70.60 Type V--1-Hour ........ 65.90 Type V--N ............. 62.90 12. INDUSTRIAL PLANTS: Type I or II F.R .......... 48.60 Type I1~1-Hour ........ 33.50 Type II--N ............. 30.70 Type II1--1-Hour ........ 36.90 Type III~N ............ 34.80 Tilt-up ................. 25.20 Type V--1-Hour ........ 34.50 Type V--N ............. 31.60 Cost per Square Foot, Occupancy and Type Average 13. JAILS: Type I or II F.R ......... 135.90 Type II1--1 -Hour ....... 122.90 Type V~I-Hour ........ 91.90 14. LIBRARIES: Type I or II F.R .......... 99.40 Type I1~1-Hour ........ 72.00 Type II~N ............. 68.50 Type II1~1-Hour ........ 76.00 Type III~N ............ 72.20 Type V--1-Hour ........ 71.20 Type V--N ............. 68.20 15. MEDICAL OFFICES: Type I or II F.R.* ....... 101.80 Type I1--1-Hour ........ 78.00 Type II--N ............. 74.20 Type III--l-Hour ........ 82.10 Type III--N ............ 78.70 Type V--1-Hour ........ 75.90 Type V--N ............. 73.20 16. OFFICES**: Type I or II F.R.* ........ 91.20 Type I1~1-Hour ........ 60.40 Type II~N ............. 57.70 Type II1--1-Hour ........ 65.40 Type III--N ............ 62.30 Type V--1-Hour ........ 60.80 Type V--N ............. 57.40 17. PRIVATE GARAGES: Wood Frame ........... 20.60 Masonry ............... 23.00 Open Carports ......... 13.90 18. PUBLIC BUILDINGS: Type I or II F.R.* ....... 105.40 Type I1~1-Hour ........ 84.50 Type II~N ............. 81.00 Type II1~1-Hour ........ 87.80 Type III--N ............ 84.80 Type V--1-Hour ........ 80.00 Type V~N ............. 77.10 19. PUBLIC GARAGES: Type I or II F.R.* ........ 41.60 Type I or II Open Parking* 31.00 Type II--N ............. 24.20 Type III--l-Hour ........ 31.20 Type III-N .............. 27.70 Type V--1-Hour ........ 28.30 Cost per Square Foot, Occupancy and Type Average 20. RESTAURANTS: Type II1--1-Hour ........ 82.40 Type III~N ............ 79.60 Type V~I-Hour ........ 75.20 Type V--N ............. 72.20 21. SCHOOLS: Type I or II F.R .......... 95.00 Type I1--1-Hour ........ 64.20 Type II1--1-Hour ........ 68.70 Type III~N ............ 65.30 '[ype \/--1-Hour ........ 64.00 Type V--N ............. 61.00 22. SERVICE STATIONS: Type II--N ............. 56.90 Type II1--1-Hour ........ 59.20 Type V~I-Hour ........ 50.20 Canopies .............. 23.60 23. STORES: Type I or II F.R.* ........ 70.40 Type I1~1-Hour ........ 42.60 Type II--N ............. 41.60 Type II1--1-Hour ........ 51.80 Type III--N ............ 48.80 Type V--1-Hour ........ 43.60 Type V--N ............. 40.10 24. THEATERS: Type I or II F.R .......... 93.80 Type II1~1-Hour ........ 67.60 Type III--N ............ 64.40 Type V--1-Hour ........ 63.40 Type V~N ............. 60.00 25. WAREHOUSES***: Type I or II F.R .......... 42.20 Type II or V--I-Hour .... 24.60 Type II or V--N ......... 23.20 -lype II1~1-Hour ........ 28.30 Type III--N ............ 26.90 EQUIPMENT AIR CONDITIONING: Commercial .......... 3.60 Residential ........... 3.00 SPRINKLER SYSTEMS .... 1.80 *Add 0.5 percent to total cost for each story over three. **Deduct 20 percent for shell-only buildings. ***Deduct 11 percent for mini-warehouses. REGIONAL MODIFIERS The following modifiers are recommended for use in conjunction with the building valuation data. In addition, certain local conditions may require further modifications. To use these modifiers, merely multiply the listed cost per square foot by the appropriate regional modifier. For example, to adjust the cost of a Type Ill One-hour holel building of average construction for the Iowa area, select Regional Modifier 0.80 and unit cost from valuation data, $74.00: 0.80 x 74.00 = $59.20 (adjusted cost per square foot) Eastern U.S. Modifier Connecticut ............ .' 0.95 Delaware ............... 0.84 District of Columbia ...... 0.87 Florida ................. 0.74 Georgia ................ 0.68 Maine .................. 0.81 Maryland ............... 0.79 Massachusetts ........... 0.94 New Hampshire ......... 0.82 New Jersey ............. 0.91 New York New York City ......... 1.16 Other ................ 0.87 North Carolina .......... 0.70 Eastern U.S. (cont.) Modifier Pennsylvania Philadelphia .......... 0.96 Other ................ 0.83 Rhode Island ............ 0.94 South Carolina .......... 0.70 Vermont ................ 0.80 Virginia ................ 0.73 West Virginia ............ 0.82 Central U.S. Alabama ............... 0.72 Arkansas ............... 0.70 Illinois ................. 0.87 Indiana ................. 0.82 Iowa ................... 0.80 Kansas ................. 0.74 Central U.S. (cont.) Modifier Kentucky ............... 0.77 Louisiana ............... 0.78 Michigan ............... 0.84 Minnesota .............. 0.86 Mississippi .............. 0.71 Missouri ................ 0.78 Nebraska ............... 0.75 North Dakota ........... 0.80 Ohio ................... 0.80 Oklahoma .............. 0.71 South Dakota ........... 0.78 Tennessee .............. 0.72 Texas .................. 0.74 Wisconsin .............. 0.85 Western U.S. Modifier Alaska ................. 1.30 Arizona ................ 0.82 California Los Angeles ........... 1.00 San Francisco ......... 1.13 Other ................ 0.94 Colorado ............... 0.81 Hawaii ................. 1.14 Idaho .................. 0.80 Montana ............... 0.79 Nevada ................ 0.89 New Mexico ............ 0.76 Oregon ................. 0.83 Utah ................... 0.75 Washington ............. 0.88 Wyoming ............... 0.80 92 BUILDING STANDARDS/November-December 1995 1982 Valuation Data z 32 Building Valuation Data At the request of numerous building officials, Building Standards offers the following building valuation data representing average costs for most buildings. Because residential buildings are the most common for many cities, two general classes are considered for the~e, one for 'average" construction and the other for 'good." Adjustments should be made for special architectural or structural features and location of the project. Often high- er or lower unit costs may result. The unit costs are intended to comply with the defini- tion of "valuation" in Section 423 of the Uniform Build- ing Code and thus include architectural, structural, elec- trical, plumbing; and mechanical work, except as specifically listed below. It also includes the contractor's profit which should not be omitted. The determination of plan check fees for projects reviewed by the International Conference of Building Officials will be based on valuation computed from these figures. Cost per July, 1982 Square Foot Occupancy and Type Good Average 1. APARTMENT HOUSES: *Type I or II F.R ........... S62.40 52.10 Type V---Masonry (or Type III) ........... 48.00 39.10 Type V--Wood Frame .,. Type I--Basement Garage 2. BANKS: 'Type I or II ER ........... 87.70 Type II1--1-Hour ........ 71.20 Type III--N ............. 67.90 Type V--l-Hour ........ 62.30 Type V--N ............. 59.60 3. BOWLING ALLEYS: Type III--1 -Hour ........ 34,50 Type III--N ............ .. 32.90 Type V--1 -Hour ........ 31.20 41.40 34.30_ 22.30 4. CHURCHES: Type I or II F.R ........... 57.40 Type III--l-Hour ........ 47.50 Type III--N ............. 45.30 Type V--1-Hour ........ 42.90 Type V--"; ............. 40.90 S. CONVALESCENT HOSPITALS: "Type l or II F.R ........... 81.30 Type II1--1-Hour ........ 65.80 Type V--1-Hour ........ 59.60 6, DWELLINGS: · Type V---,Masonry ....... 55.20 41.00 Type V--Wood Frame ... $1.60 37.50 Basements-- Finished ............. !5.60 11.60 Unfinished ........... 11.30 8.20 7. HOSPITALS: 'Type I or I[ F.R ........... 97.00 Type III--l-Hour ........ - 90.50 Type V--l-Hour ........ 82.90 8. HOTELS AND MOTELS: 'Type I or II F.R ........... 59.90 ql~oe III--l-Hour ........ 51.70 Type III--,N ............. 49.30 Type V--1 -Hour ........ 44.70 Type V--N ............. 42.80 9. INDUSTRIAL PLANTS: Type I or II F.R ........... 35.20 Type 11~1-Hour ........ 23.00 Type II---(Stock) ......... 21.90 Type III--l-Hour ........ 28.40 Type I I I--,"4 ............. 24.30 Tilt-up ................. 17.80 Type V--i-Hour ........ 22.60 Type V~N ............. 21.50 10. MEDICAL OFFICES: 'Type I or II F.R ........... 72.90 Type II1~1-Hour ........ 58.20 Type III~N ............. 55.50 Type V~I-Hour ........ 53.70 Type V~N ............. 51.60 11. OFFICES: 'Type I or II F.R ........... 64.~0 Type Ill--l-Hour ........ 46.70 Type III--N ............. 44.70 Type V~I-Hour ........ 41.30. Type V---N ............. 12. PRIVATE GARAGES: Wood Frame ........... 12.00 Masonry ............... 16.00 Open Carports .......... 7.00 13. PUBLIC GARAGES: 'Type I or II F.R ........... 29.00 Type II--N ............. 19.00 Type II1--1-Hour ........ 23.00 Type III~N ............. 19.00 Type V~I -Hour ........ 18.80 14. RESTAURANTS: Type II1~1 -Hour; ....... 58.90 Type III~N ............. $4.30 Type V--1 -Hour ........ 51.00 Type V--N ............. 47.60 15. STORES: 'Type I or II F.R ........... 48.80 Type IIl~.1-Hour ........ 37.10 Type III~N ............. 35.30 Type V~] -Hour ........ 31.70- Type V~N ' 29.501 16. SCHOOLS: Type I or 11 F.R ........... 72,60: Type Ill--l-Hour ........ : 5'1.00 Type III~N ............. · 48.70 Type V~I-Hour ......... 45.90 17. SERVICE STATIONS: Type II~N ............. 44.00 Type IIl~'1-Hour ........ 47.90 Type V--'l-Hour ........ 30.30 Canopies .............. ~ 5.20 18. THEATERS: Type I or I! F.R ............ 67.40 Type 111~'1-Hour ........ 49.40 Type IIl~N ............. 46.70 Type V~I -Hour ........ 44.10 Type V--N ............. 41.90 19. WAREHOUSES: Type I or II F.R ........... 30.20 Type II or V~I -Hour .... 19.80 Type II or V~N ......... 17.30 Type II1--1-Hour ........ 22.00 . Type III--N ............. 19.30 EQUIPMENT CONDITIONING: Commercial ............ 2. Residential ............. - . SPR I.~,.N K L ER_ S. YSTEMS~--- ..,--. ' ~dd ~. 8 PerCent to total COSt for each story ove- Regional Modifiers The iollowin~ modifiers are recommended for use m COnlunctson ,.v~lh the Building Valuation Data. In addi- tion. certain local conditions may require iunher rnodin- cations. To use these modifiers merely muhiplv the lis~ed cost per sauare ioof by the appropriate regional modiner. For exampie: To adiust cost pi a Type V-N office buildin~ pi average constructson tor the New Mexico area. select Remonal Modifier 0. ~0 and unit cost from Valuation Data. $39,30. 0.80 x 539.30 - $31.44 {adiusted cost per square ~'oot! Eastern United States Modifier Connecticut .................. 0.88 Delaware .................... 0.86 District o~: Columbia ........... 0.87 Fiorida ....................... 0.78 Georgia ...................... 0.75 Maine ....................... 0.83 Maryland .................... 0.81 Massachusetts ................ 0.89 New Hampshire .............. 0.81 New Jersey ................... 0.91 New York Ne~v York City .......... 1,00 Other .................. 0.~9 North Carolina ................ 0.73 Pennsylvania Philadelphia ............ 0.91 Other .................. 0.88 Rhode Island ................. 0.96 South Carolina ................ 0.73 Vermont ..................... 0.81 Virginia ...................... 0.77 West Virginia ................. 0.88 Central United States Alabama ..................... 0.7~ Arkansas ..................... 0.76 illinois ....................... 0.91 Indiana ...................... 0.85 Iowa ........................ 0.8.5 Kansas ....................... 0.81 Kentucky ...................... 0.84 Louisiana .................... 0.83 Michigan .................... 0.90 ' Minnesota ..................... 0.89 Mississippi ................... 0.74 Missouri ...... ': ............... 0.83 Nebraska .................... 0.82 North Dakota ................. 0.87 Ohio ........................ 0.88 Oklahoma ................... 0.81 South Dakota ................. 0,84 Tennessee .................... 0.78 Texas ........................ 0.79 Wisconsin .................... 0.87 Western United States Alaska ....................... 1.36 Arizona ...................... 0.9 I California Los Angeles ............ 1.00 Lake.Tahoe ............. 1.03 San F~;ancisco ........... 1.05 'Other .................. 0.99 Colorado ..................... 0.87 Hawaii ...................... 1.20 Idaho ........................ 0.85 Montana ..................... 0.84 Nevada ...................... 0.95 New Mexico .................. 0.80 Oregon ...................... 0.9 I Utah ........................ 0.81 WasHington .................. 0.96 Wyom.ing .................... 0.88 ATTACHMENT 10 Z LLI ill ATTACHMENT 11 i?~ TABLE NO. 3-A--BUILDING PERMIT FEES TOTAL VALUATION FEE $1.00 IO $500.00 $10.00 -- $501.00 tO $2,000.00 ' $ I0.00 for the first $500.00 plus $1.50 for each additional $ IOO.OO or fraction thereof, to and including $2,000.00 $2,001.00 to $25,000.00 $32.50 for the first $2,000.00 plus $6.00 for each addi- tional $1,OOO.00 or fraction thereof, Io and including $25,0OO.00 $25,0OI.00 to $50,000.00 $170.50 for the first $25,000.00 plus $4.50 for each additional $ 1,0OO.00 or fraction thereof, to and including ~' $50,OOO.OO $50,001.00 to $100,0OO.00 '$283.00 for the first $50,000.00 plus $3.00 for each additional $ ! ,0OO.00 or fraction thereof, to and including $100,0OO.00 $100,001.00 and up $~133~00 for the first $1OO,O00.00 pi'us $2.50 for each additional $ ! ,0OO.OO or fraction thereof .... Other Inspections and Fees: · Inspections outside of normal business hours ' $15.00 per hour (minimum clmrge--two hours) 2. Reinspection fee assessed under provisions of Section 305 (g) ............................................. $15.00 each~ 3. Inspections for which no fee is specifically indicated ............................................... (minimum charge--one-half hour) . $15.00 per hour 4. Additional plan review required by changes, additions or revisions to approved plaus ............... : ........... ,~. $15.00 per hour (minimum charge--one-half hour) " APPENDIX ELECTRICAL PERMIT ~, EES · Permit Issuance For issuing each e~p~amenlat permit ................ 3.00 System Fee Schedule · ' {Note: the following do not Include permit Issuing fee.) New Residential Buildings The following fees shall Include all wiring and electrical equip- ment in or on each building, or other electrical equipment on the same premises constructed at the same time. For new multlfamily residential buildings (apartments and con- dominiums) having three or more living units not including the area of garages, carports and other noncommercial automobile storage areas constructed at the same time, per square foot ..... 02 For new single- and two-f~mlly residential buildings not including' the area of garages, carports and other minor accessory Inlildings · constructed at the same time. per square foot ................ 025 For other types of residential occupancies and alterations, addi- tions and modifications to existing residential building, u.se the UNIT FEE SCHEDULE. PrivateSwimming Pools . For new private, residential, tn-ground, swimming pools for single- family mnltifamily occupancies including a complete system of necessary branch circuit wiring, bonding, grounding, underwater lighting, water pumping and other similar electrical equipment directly related to the operation of a swimming peel, each.. 20.00 For other types of swimming pools, therapeutic whi~'~ spas, and alterations to existing swimming pools, u~e UNIT FEE SCHEDULE. Carnivals and Circuses Carnivals. circuses, or other traveling shows or exhibitions utiliz- ing transportable-type rides, booths, displays and attractions. For electric generators and electrically driven rides, each ... 10.00 For mecllanlcally driven rides and walk-through attractions of displays having electric lighting, each ................ 3.00 For a system of area and booth lighting, each .............. 3.00 For permanently Installed rides, booths, displays and attractions. use UNIT FEE SCHEDULE. Temporary Po,wer Service For a temporary service power pole or pedestal including. all pole or pedestal-mounted receptacle outlets and aplmrtenances, each ................................... 10.00 For a temporary distribution system and temporary lighting and receptacle outlets for construction sites, decorative light, Christmas tree sales lots, firework stands, etc.. each ................. 5.00 UNIT FEE SCIIEDULE {Note: the follmving d~not include permit issuing fee.} Receplacle, Switch and Lighting Outlets For receptacle, switch, lighting or other outlets at which current is ..... used or controlled, except services, feeders and meters. ". First 20, each .50 Additional Outlets. each .............................. 30 ~ ~. NOTE: For multloutlet assemblies, each $ feet or fraction thereof may be considered as one outlet. ' i ... . . ,. Lighting Fixtures For lighting fixtt~res, sockets or other lamp-holding day/cas.' First 20, each ......................................... 50 Additional fixtures, each ............................... 30 For pole or platform-mounted lighting fixtures, each ......... '.50 For theatrical-type lighting fi~tures or assemblies, each ....... 50 Residential Appliances For fixed residential appliances or receptacle outlets for same, Including wall-mounted electric ovens: for counter-mounted cooking tops; electric ranges, self-contained room, console, or through-wall air conditioners; space heaters; food waste grinders; dishwashers; washing machines; water heaters; clothes dryers; or other motor-operated appliances not exceeding one horsepower fliP) in rating, each ................................... 2.00 NOTE: For other types of air conditioners and other motor-driven appliances having larger electrical ratings, see Power Apparatus. Nonresidential Appliances For residential appliances and self-contained factory-wired, non- residential appliances not exceeding one horsepower (liP). kilo- watt {KWL or kilovolt ampere (KVA), In rating including medical and dental devices: food, beverage, and ice cream cabluets; Illumi- nated show cases; drinking fountains; vending machines; laundry machines; or other similar types of equipment, each ...... 2.00 NOTE: For other types of air conditioners and other motor-driven appliances having larger electrical ratings, see Power Apparatus. power Apparatus For motors, generators, transformers, rectifiers, synchronous converters, capacitors, industrial heating, air conditioners and heat pumps, cooking or baking equipment and other apparatus, as follows: Rating in horsepower IHP}, Kilowatts (K~V}, Kilovolt-amperes (KVA], or kilovolt-amperes - reactive {KVAR): Up to and including 1, each Over 1 and not over 10, each ........................... 2.00 Over lO and not over 50, each ......................... 10.00 Over 50 and not over 100, each ........................ 20.00 Over 100, each ~ ...................................... 30.00 NOTE: 1. For equipment or appliances having moro then one motor, h'ansformer, ho~tor, etc., tho sum of the combined rulings may be used. 2. These foes Include all switches, circuit breakers, conduc. tars, thermostats, relays and other directly related control equipment. Busways For trolley and plug-in-type busways, each 100 feet or fraction thereof ...................................... 3.00 NOTE: An additional fee will be required for lighting fixtures, motors and other appliances that are connected lo trolley and plug-in-typo busways. No fee is required for portable tools. Signs, Outline Lighting and Marquees For signs, outline lighting systems or marquees supplied from one branch circuit, each ................................ . .... 10.00 For additional branch circuits within the same sign. outline light. lng system or marquees, each .... .. ...................... 2.00 Services For services of 600 volts or less and not over 200 amperes in rating, each ..................... ~ .................. : 12.50 For services afB00 volts or less and over 200 amperes " · to 1,000 amperes In rating, each ......................... 2~.00 For services over 600 volts or over 1,000 amperes in rating, each ......................................... ~0.00 Miscellaneous :Apparatus, Conduits and Conductors For electrical apparatus, conduits and conductors for which a per- mit is required but for which no fee is herein set forth ...... 7.50 NOTE: This fee is not applicable when a fee is paid for one or more services, outlets, fixtures, appliances, power apparatus, busways, signs or other equipment. OTIlER INSPECTIONS AND FEES: 1. Inspections outshie of normal business hours .. $15.00 per hour {minimum charge - 'l~wo hours] 2. Reinspection fee assessed under provisions of Section 305 (h) .................................. $15.00 each 3. Inspections for which no fee is specifically Indicated ................................... $15.00 per houi' (minimum charge'- one-half hour) 4. Additional plan review required by changes, additions or revisions to approved plans ................... $15.0o per hour (minimum charge - one-half hour} the Building Inspection Division, updating the 1982 fee structure to the currently accepted 1994 fee table standards would significantly defray the cited loss scenario. (Tables A through E reflect the quantifications above.) Recommendation Staff recommends that the City Council approve the proposal to increase building permit fees by simply adopting, by reference, the Uniform Administrative Code. 1994 Edition, which embodies the most current (1994) fees tables associated with the above cited building-related permits. We also recommend that this revision be accompanied by replacing the 1982 Building Standards valuation table with a more current valuation table. As stated above, the .Building Standards periodical is published on a bi-monthly basis, although the valuation table for building construction costs is updated each April, and then begins appearing in subsequent issues. Accordingly, staff would recommend that, in addition to simply updating the valuation table, it be replaced on a continuing basis by establishing the "March/April" issue for each calendar year to be the table utilized by staff to calculate the total building permit fee. This one table would be fixed in time for one calendar year, then updated when the new "March/April" issue of Building Standards is published and received. If Council approves the proposed Resolution, staff would therefore begin using the 1996 valuation table, which is due out momentarily. Outreach Effod Prior to bringing this item forward to the Council for action, staff apprised the building community of our intent by sending an explanatory letter to the North Coast Builders Exchange (attached). This organization serves as a building industry representative for both Sonoma and Mendocino Counties, and is the only local entity serving in such a capacity. They publish and distribute to its membership a monthly trades paper which disseminates industry-related news, and it was our expectation that this item would be newsworthy and published. Moreover, a month before the subject hearing, staff handed out an announcement (attached) with each and every building permit application which informed local contractors and builders of the fees increase proposal. Last, we placed a legal notice in the Ukiah Daily Journal, which ran on February 25, 1996. Staff believes these actions collectively constitute a reasonable and good-faith effort to inform the building community, as requested by Council. Summary of Proposed Council Action~ In brief, the following actions are being proposed for City Council approval, based on the preceding staff research, analysis, and conclusion that building fees should be increased, and the "model codes" section of City Code should be updated. 1. Amend Ukiah Municipal Code §3000 to adopt by reference all relevant building- related codes adopted and required by the State, and embodied in Title 24 of the California Code of Regulations; otherwise leave intact all previously adopted local amendments contained in Division 3 and entitled "Building Regulations." · . . ~ ~ n r~ ~ n fi fi fi ~ cr · ~. ~ _-. ~ ::r ~' :::r ::r ~.~. :r ~ _. =-~-'-. '~'~_. :~'~'_. 0 . 6 9 "' ~ n :d ~ r~ ~.~ · _.~ · ' --' "',~ :. n"' ~'~ '"~'-- -'o,~ ~, .-, .,~ q-~_ _m .-, ~ _ u,~ 5~,.~ - ~'~, -~ ~-''< '" "' .5'-=. a--- U' n ~'. n ~., ~ o ' . · ~ ~. o~ 8--' ~ ~ = .' ~" ~ .' ~ = " '" = -~ = ~='~--~ --.o u .' =° -~ ~.~ ~- ~ ', 0 ~ ~ · ~- ~ ~ . ~ ~ . '. ~ ' ~-~ ' ~.l~ ~ ~~ ~ ~ ~ , ~ ~ ~ ~ ~ ~ " . . . . ~ ~ ~. ~ . -- ~ · ~ _. -- ~ ~ ~ ~ ~ .~ ~ s.~ ~ · ~ . . : - · , · , · ~ ~ , ~ o ~ ~ ~-. ~ · ~ - ~ =~ ~ ~ ~ ' ~ =" ~- --= .... , ~. n ~ . ~ ~ : ~ ~ . ~ ~ =~:. ~ ~ ~.~ ~ -- ~ ~ ~ · . . _.~ ~': =.: : ': · ' ~ ' ' ~ ' o ' · · -- o ~ . ~ ' ~9 ' ~0 . 0" n _ ~ ~ ~. ~ . ~ ~ . · · · _.. ~ · · · ~ - ~ ' ~ ' ~ 0~' ~ ~ m ~ ~ ~ ~ ~ · ~'~ '~ ~ ' m ' ~' ' ' ~ ' 0 ' ' --~' ' 0 · ~ ~ ~ ~ -- '" ' . ~ n ' m .... ~ M · · . ~ : ~ ~ ' -' ~ ~ -' ~ m' · ~ · ~. ~' ~ ..... _ ~ ,. ..... n -- ,. 8,oo o 8oo .,o ooooo8 o8 8 · . m m m 0 0 m r Z m Z .o I ! o, -. SCHEDULE OF FEES ' For issuing each permit ............................... $ 3.08;. In addilion-- For each plumbing fixture or trap or set of fixtures on one trap (including water, drainage piping and backflow protection therefor) .... : ..................................... 2.00 'For each building sewer an'de'ach Irailer park sewer ........ 5.00 Rainwater ~ystems--per drain (inside building) ............ 2.00 For each cesspool ................................... 5.00 For each private sewage disposal system ................ 10.00 For each water heater and/or vent ....................... . 2.00 For each gas piping system of one (1) to four (4) outlets: ..... 2~00 For each gas piping system of five (5) or more, per oullet ..... .50 For each induslrlal wasle pre-lrealment in}erceplor, i~cluding ils trap and vent, excepting kitchen type grease intercep- tors functioning as fixture Iraps ................ . ...... 2.00 . For installation, alteration or repair of water piping ~ndlor water treating equipmenl ............................ 2.00 For repair or alteration of draina'ge or vent piping .......... 2.00 For each lawn sprinkler system on any one meter, Including backllow protection devices lheretor .................. . 2.00 For vacuum breakers or backflow proleclive devices on lanks, vals, etc. or for Installation on unprotected plumbing lix- tures, including necessary water piping--one (1) to four (4) 2.00 Five (5) or more, each .................................. 50 i iii ' ' I IIIIT I II ............... ,. ITEM NO. 10a DATE' MARCH 6, 1996 AGENDA SUMMARY REPORT SUBJECT: LEI ~ER FROM JUDY PRUDEN REGARDING POCKET PARK ON OAK STREET IN CITY PARKING LOT A Judy Pruden has requested agenda time for a presentation regarding the parking lot park on Oak Street. Staff is not aware of any specific action to be taken by the Council. Her letter is attached. The February 7 meeting agenda was closed at the time the letter was received and thus it was planned for this date as requested. RECOMMENDED ACTION: Receive presentation by Judy Pruden. ALTERNATIVE COUNCIL POLICY OPTIONS: . Determine presentation should not be made and do not allow time for this request. Determine additional information is necessary before the presentation, request supplemental documentation be provided by Ms. Pruden, and reschedule item for the next City Council meeting. Acct. No. (if NOT budgeted): N/A Acct. No.' NA Appropriation Requested: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: 1. (if budgeted) Yes Judy Pruden Michael F. Harris, Assistant to the City Manager Candace Horsley, City Manager. January 31, 1996 letter from Judy Pruden, page 1. APPROV~e ~nager mfh:basrcc 3696PRUDEN Ms. Judy Pruden Ukiah History Specialist Bldg. Preservation & Research 304 South Hortense Ukiah, CA 95482 707-462-4945 CI'IY CLE¥~t'~ U?.F'AR ! MEN]- · Coon c/'L ',. ~ e o e,,oe,,' / S · I~ ?oo ~~ October 5, 1994 Mendocino Historical Society Ukiah, CA 95482 7, Dear Friends, O~ ~ · My grandfather was Dr. J. Earl Gardner, whose office for many years was at 215 W. Standley. This relationship was brought home to me with special force last week when my wife and I stopped to talk to a Mr. Rains in his front yard on Clay St. This gentleman has lived in the same house for over 70 of his 78 years (he'd be a great candidate for some oral history) and he remembered getting his tonsils taken out at 26 - under local anaesthetic - sitting in a chair in Papa's office. This was not an unusual situation for me. I remember being with Papa in Ukiah many times as a child and a young man, and having people recognize him and say that he had delivered them as a baby, or saved a relative's life, or tell me what a caring doctor he was, or that I looked a lot like him. The latter used to bother me because he was "short and portly" and I aspired to be tall and slender. But otherwise, I was pleased to be identified with my grandpa - he was a great man. Later that day, as Gail and I walked near 215 Standley, I saw the little "redwood grove" in the parking lot across the street, and I was reminded that my grandfather donated the corner lot to the city for that parking lot. The "pocket park" was preserved at his request, though my recollection is that he refused to have it written into the deed because he trusted the city fathers and didn't want to tie their hands. You could check on that - memories don't always work perfectly. At any rate, I would LOVE to see that little park, with its redwoods and redbud, named for my grandfather. I am willing to canvass the family and provide any reasonable amount to put up a little plaque there designating the J. Earl Gardner Memorial Grove, and giving a little history of my grandpa's life in Ukiah. I wonder if someone there would be willing to do a little research, make the request to the city and then arrange for the monument? ITEM NO. 10b DATE: March 6, 1996 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION REGARDING NORTH COAST RAILROAD AUTHORITY LETTER, DATED FEBRUARY 16, 1996, REGARDING CITY REPRESENTATIVE VACANCY The North Coast Railroad Authority (NCRA) has a seven-member Board, which is selected among the cities served by the line. In April, they will have one opening on their Board and are asking that the City Selection Committee in each County provide a nomination for appointment to the NCRA Board. The individual must be from one of the cities served on the line, which includes the City of Ukiah; must attend monthly Board meetings, which would rotate among the three counties; attend committee meetings; and take occasional trips to Sacramento. The individual need not be an elected official and there is no compensation except for travel. We have received a letter from Gary Milliman, Vice Chair of the Board of Directors for NCRA, who has suggested that the nominee for this vacancy be selected through the City Selection Committee. This Committee usually nominates for a LAFCO representative, but a special meeting has been set for March 14, at 9:00 a.m., to discuss and select a nominee among the cities for this Board. The matter is before the City Council to determine a possible nominee from the City of Ukiah for the City Selection Committee, which Mayor Fred Schneiter attends. RECOMMENDED ACTION: Council select a nominee from the City of Ukiah for the City Selection Committee nomination of a North Coast Railroad Authority Board member. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine no City of Ukiah representative is available at this time. Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: North Coast Railroad Authority Prepared by: Candace Horsley, City Manager Coordinated with: Attachments: 1. Acct. No.: (if budgeted) Letter, dated February 16, 1996, from NCRA APPROVE~~'~ ~....~ R:4/CM Cani:lace Horsley, City M!nager ASRNCRA NOR TH COAST RAILROAD AUTHORITY Joyce Beard Clerk of the Board City Selection Committee County of Mendocino 301 S. State Street Ukiah, CA 95482 February 16, 1996 Dear Ms. Beard: The State Law which provides the basic organization framework for the North Coast Railroad Authority (NCRA) provides that one of the seven Board Members shall be selected from among the cities served by the line. The current City representative is Cloverdale Mayor Mark Kinsey. Mr. Kinsey's term expires in April, 1996, and he has reported to the NCRA Board Chairman that he does not plan to seek reappointment. When Mr. Kinsey was appointed in 1994, we attempted to emploY'an. election process among all of the relevant cities. This proved to be an unwieldy process, producing a multitude of nominees. At its meeting of February 14, 1996, the NCRA Board adopted a new precedent' for selecting the City representative. At this time, we are inviting the City Selection Committee in each County to provide nomination for appointment to the NCRA Board as the City representative. The basic criteria for appointment is: 1. The individual must be from one of the cities "served on the line". Our definition of this provision of law is that it means any City which has direct access to rail service within the three counties. 2. The individual need not be an elected official. 3. The individual must be able to actively participate in NCRA affairs, including attendance at monthly Board meetings (second Wednesday of each month; 10:00 a.m., location rotates among the three counties), committee meetings and occasional trips to Sacramento. 4. There is no compensation (travel reimbursement only). West 2nd Street, Eureka, CA 95501 Phone: (707) 441-'1625 Fax: (?07) 44'1-1324 NCRA Board Chairman Allan Hemphill has requested that I coordinate the process of selecting a new City representative. We would like to make the appointment at our meeting of April 10, 1996. Your assistance in convening a City Selection Committee meeting to make a recommendation is appreciated. We request that any nominations be submitted in writing to NCRA Board Chairman Allan Hemphill, North Coast Railroad Authority, Four W. Second Street, Eureka, CA 95501, not later than March 22, 1996. Please contact me should you need additional information. ~~--Y'Gary D. Mtll~man Vice-Chairman Board of Directors (707) 961-2823 GDM:ps cc: Bruce Burton, Mayor of Willits Patti Campbell, Mayor of Fort Bragg Raven Earlygrow, Mayor of Point Arena Fred Schneiter, Mayor of Ukiah B16CITY.SEL/NCRA96 AGENDA SUMMARY ITEM NO. 11a DATE: March 6, 1996 REPORT SUBJECT: PRESENTATION BY THE CITY TREASURER REGARDING INVESTMENT ADVISORY SERVICES The City Council determined in September 1995, to follow a planned sequence of steps to develop an efficient approach to our investment strategy and review. In the last year, we have received detailed and professional reporting on all of the City's investments, have adopted a City of Ukiah Investment Policy, and taken steps to place the issue of an appointed Treasurer on the March 26, 1996 ballot. Currently, the City Treasurer and Finance Director are working on the components and details of an oversight committee for investment strategy review. Along with the oversight committee, there remains the question of who will be responsible for selecting and managing the investments for the City of Ukiah. The City Treasurer has written a letter to the Council requesting the opportunity to make a presentation on this issue, along with his recommendations. He has been working with the City's investments for over a year and has an excellent grasp of our current investment situation. The Council has indicated that they would appreciate continued education and training on the issue of investments and strategy, and what the possible investment services would offer to the City. I would like to recommend to the Council that they have a short one-hour workshop from a skilled trainer who could answer questions and provide information along these lines. I have been investigating appropriate trainers and feel that I have some excellent choices for the training. Suggested dates for the workshop would be a Monday or Tuesday, either March 18 or 19, 25 or 26. RECOMMENDED ACTION: Council receive presentation of City Treasurer regarding Investment Advisory Services, and set date for Workshop to further discuss investments. City ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine workshop is not necessary at this time. Acct. No. (if NOT budgeted)' N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: Patrick Coyne, City Treasurer Prepared by: Candace Horsley, City Manager Coordinated with- Patdck Coyne, City Treasurer Attachments. 1. 2. Acct. No.: (if budgeted) Memorandum from City Treasurer League of California Cities documents: "A Legal Perspective on Investing City Funds," and "The Fiduciary Responsibilities of City Councils" Candace ager 4/Can:ASRIS.Inv Patrick Coyly, M.B.A., CFP Director, 8~1F~ ICFP Society Treasurer, Cit~ of Ukiah Safety Of Investment First OFFICE OF TREASURER 300 Seminary Avenue Ukiah, CA 95482 (707) 463-6223 FAX (707) 463-6204 E-mail: tflciahcfp~pacific, net Management With Integrity February 5, 1996 Ukiah City Council, City Manager & Finance Director 300 Seminary Avenue Ukiah, CA 95482 Dear Mayor Schneiter, Members of City Council, City Manager & Finance Director: The question of how best to manage the City's cash portfolio should not be postponed. As I have outlined in the "Comparison of Investment Services" chart enclosed, the City of Ukiah will need to decide which of the four categories of investment services best fits its current and near future needs. The question of whether or not the Treasurer's office is elected or appointed or whether there is a Treasurer at all is irrelevant. The City must choose between passive management utilizing LAIF or active manage which would minimally require a brokerage account. These are the inescapable choices, regardless of who is assigned responsibility of the City's investment portfolio. In order to utilize LAIF's investment fund, the City would need to liquidate its current holdings at a substantial loss. Active management presents the best and worst opportunities to the City. Brokerage services, which the City has used in the preceding 10 years, proved not to be very beneficial--at least not to the City. Fee based asset management would, in my opinion, provide for the greatest amount of risk reduction along with the best possible remm available. Below is a proposed calendar for proactively dealing with this important issue: February 18-24 March 24-30 April 21-27 May 5--11 August 11-17 September 1-7 October 6-12 November 15 Treasurer meets with 'City Council to discuss issue City Council approves a course of action City Council approves RFP package for management services Request For Proposal (RFP) sent to interested parties Review RFP's received Solicit additional clarification from RFP's received City Council to make f'mal management service provider selection New Treasurer takes office ffyou should have any questions or needs, please feel free to give me a call any time. Patrick Coyne, CFP City Treasurer Committed To Serving The Cit~'zem Of Ula'ah LU MARY E BINNINc~ JOI~N E CAVANAuGH ~ODELL ~ ~,CK ~OSEPH W ~OIS E JEffrEY BETTY C THomaS ~ NIXON JO~N ~ SHAW &ENNA~D ~ANIE ISPENCE DANIEL ~ SP~ADLIN ALAN ~ wATTS THOMAS L LAW OFFICES OF P~OUI~.KE. WOODRUFF & SPt~._~DLIN SUITE ?000 701 SOUTH PARKER STREET ORANGE. CALIFORNIA 92668 TELEPHONE FACSIMILE wRITER'S DIRECT DIAL NUMBER (714) 564-2607 Mayors and Councilmembers Executive Institute Monterey, California July 27, 1995 "A Legal Perspective on Investing City Funds" Presentation By: LOIS E. JEFFREY ROURKE, WOODRUFF & SPRADLIN 9999-2484 16115_1 INVESTING THE CITY'S FUNDS · What are the legal requirements? Could I or the City be sued? 1 What are the legal checks and balances that can help protect against fraud or mismanagement? 1 What are some prudent practice tips from the City Attorney's perspective? 9999-2484 ~6115_1 INVESTING THE CITY'S FUNDS LEGAL REQUIREMENTS 1. Authority/Liability 1.1 City Council has authority to invest, o_[r may delegate Treasurer. (Cal. Government Code Section 53607) to 1.2 If delegated, the Treasurer is required to make a monthly report of such transactions to the City Council. (Cal. Government Code Section 53607) 1.3 Use of investment delegation. manager/investment adviser/further 1.4 The Treasurer is responsible for the safe deposit of all money in the custody of the City. (~ee Cal. Govemment Code Sections 53630- 53692) 1.$ Conflict of interest issues must be carefully reviewed; this may preclude consideration of certain investment vehicles. (See Cal. Government Code Sections 1090 and 87100 et. seq.; Title 2, California Code of Regulations, Sections 18700 and 18720) 1.6 A taxpayers suit could be brought to challenge a delegation of investment authority as "improper". 1.7 An FPPC complaint for civil penalties could be filed; the DA or elected City Attomey could seek criminal penalties or a citizen could file a civil action to recover three times the value of the transactions that ~ benefited the public officials. If it is a 1090 violation, the transaction is voidable. 1.8 Officials making investments could be liable for violation of state or federal securities laws. 1.9 Other civil remedies may be available to void the transaction (if in violation of state law) or enjoin a proposed illegal transaction. 9999-2484 16115_1 e Permissible Investments. Surplus general law city funds may be invested in: 2.1 The City's own bonds. 2.2 U.S. Treasury bills, notes and bonds. 2.3 Registered state warrants. 2.4 Other California local agency bonds. 2.5 Bank issues based on federal obligations. 2.6 Commercial bank time drafts (bankers acceptances). 2.7 Prime quality commercial paper. 2.8 Negotiable certificates of deposits (CD's). 2.9 Repurchase or reverse repurchase agreements for authorized investments. (Reverse agreements require City Council approval) 2.10 "A" rated medium-term corporate notes. 2.11 Shares of beneficial interest issued by diversified management companies investing in previously authorized investments. 2.12 Investments in accordance with the statutory provisions regarding issuance of bonds if moneys are held by trustee or fiscal agent (this is not an allowable investment for the city treasurer under Califomia Govemment Code section 53635). 2.13 Notes or bonds secured by first priority security interest in Califomia Govemment Code section 53651--eligible securities. 2.14 Any mortgage pass-through security, collateralized mortgage obligation, mortgage-backed or other pay-through bond, equipment lease-back certificate, consumer receivable pass-through certificate or consumer receivable backed bond of a maximum five year maturity, from "A" rated issuers. 9999-2484 16115_1 See Cal. Govemment Code §§ 53601 and 53635: Maturities limited to 5 years unless otherwise approved by City Council. 3. Local Agency Investment Fund (LAIF) 3.1 With City Council consent, City funds may be invested in this special fund of the State Treasurer. (S. ee Cal. Government Code Section 16429.1 et. seq.) . 3.2 LAIF deposits immune from seizure by any state official or state agency. (Cal. Government Code Section 16429.3) County Treasurer 4.1 With City Council consent, City funds may be invested with a County Treasurer. (Cal. Govemment Code Section 53684) 4.2 Not subject to impoundment or seizure by any county agency or official. (Cal. Govemment Code Section 53684) 4.3 Deposited funds deemed to be held in trust and funds shall not be deemed funds or assets of county. (Cal. Govemment Code Section 27100.1) 5. Joint Powers Investment Authority 6, 5.1 Use of Joint Powers Act to form a pool for various cities' investments. (~ee Govemment Code Section 6500 et. seq.) 5.2 Alternative to County Treasurer, LAIF, or going it alone. New Legislation (See "Pending Legislation" attached) 6.1 Could place additional restrictions on delegation of authority to treasurer and permissible investments. 6.2 New (old?) reporting requirements for County Treasurers. 16115_1 LEGAL CHECKS AND BALANCES TO PROTECT AGAINST FRAUD AND MISMANAGEMENT . . . m City Investment Policy/Audit Committe~ City may limit investments to certain vehicles; specify the percentage of funds that may be invested in various securities; specify time limits on maturities (less than 5 years). Review and Possibly Increase Fidelity Bond and Insurance for City Treasurer Monitor Compliance with Conflict of Interest Laws by Those ExercisinR Investment Authority City Council, Treasurer, Investment Manager, Investment Advisor. Require Treasurer to Review LAIF or Other Pool Portfolios and Report to Council Si Investment Manaqer Require adequate insurance; specify limits of investment authority; have a third party custodian, such as a bank, report all transactions directly to City and hold all City securities. Have auditor suggest other internal controls (See "Money Manager Red Flags," attached) Require Review of Intemal Controls Treasurer should work with your auditor or other outside professionals on improving intemal checks and balances. 9999-2484 16115_1 PRUDENT PRACTICE TIPS FROM THE CITY ATTORNEY'S PERSPECTIVE . Insist that your City Attomey review and approve all contracts involving the investment and deposit of City Funds. . Clear conflict of interest questions ahead of time and maintain vigilance. 1 Do not deal with banks, brokers, or investment advisers/managers who resist modifying their contracts to suit your requirements or investment managers who refuse to file or will not comply with conflict of interest laws. 9999-2484 16115_1 i The Orange County bankrup:,cy resulted in an array of legislation to :- prevent future mismanagement of '.' public funds. An overview of bill~ " 'i.:?~ pending in the capitol: .::..i,."-,.. i..< .i.' Cr~,acer[ (R-'Oceanside) and L. ucy Kille~ (I-San .D~ego)~co-:~ c0m~r~ittee':. 0'n Local Government: · SB 861.,Clarifies and .... :~t~.' .~0 ffic fals:' r esponsibili~y: for~::: .... ~, ...... ~, ........ ~.._ ~nv. es_tment_' fu~d secuntx.,..-. ........ ~ ..... l L.~. ~?.~4~:~;~-.,.,~,?.:,:~,~,~,~:~-~_. qualifications ~or the.office of county..:':::.- ~_ i [~4~.?.a.s~e,..r,-.ta~.collect:6[ and, reqmres continuing education~~,.:.~:- I:~:~.~,~. ~._.~.,: ~ihres local ~gencaes mvestln~ ~lus fundS,~m: [~ i~vestifient'~bhc~.i~'sd~s~d/.~*Cb'-~~li~'5~'~'--:*-...-.--.~.~':.,.v-~.~ * from ;'anx b0rfowi~"-~'.'b~.'. · ~ -~ ~.: .... ..*._ _ _ ,- -- ~ .-~.~.- 1.~'~ · -~a " ...... ~ '*-*"°* ......... '-' · - * -~* .{.~ ge,_n.~cles~may.,nOt.be lnyested for~.a maturity longer than the'.-::a · '" ** ' .... * ...... ' ..... ~"~'"*"-:'"~P"~-"~' ,-I~ .~.~ = ~'~.-~ -;- -*~-,' *~- :[- ....'., .~.. .... .. 'y' ~ ' ' -- ="r- Ii, m o~{5e'loan-.~ .... .. _~.-.;-,. .... _~....: . ...., .......:. .......... - .... - ..~ ]:,~,_, :,8,6,?..Places 20% ov.e, all. limit on use of ]f~repurchase'ag~.,eementS by local a~encms and estabhsheS*'*'.'-~,~'*.,i .... I~. SB...86S. Pr.?ents local agencms, from mvesung'~n anv-""--~- %~.' ..... -'*'" ..... ~"' -'*'*-'- -. . * t.:lT: . ' ' '- .' : ' ' . · .: .:.:.*.-'. , · |c*,secur~t'y.~that,coul,d.ymld no. interest at, any.. time, during ~ts~term'. [~S~_.~s~..red ,b,y~enf. Patn.ck: Johnston (D-Stockton): ~. ; ~*.--='*:~:":,':*- ~I_ _ ~.l,~ ~,~_* .,~ ~ .... ~'~' ~,.~!-~[~=.~ ...... -~>.:k ...... ,-...--......'-:.:='~<.c_=.=.-. '_ *: .,,='t,~,~'<.~-.--.- l ~:-~,~=__.;~:._~.eclmres. counTy,Treasurer.to make ' ,r~ ...... -'. .~,~' . .... -*--~.~:.'~-~...-~ ~:..-- -.. " .*;.-.~.~...~.~..--~ .... ~ ..... .~ ........ ]*~..q u~.,t.e_~re~qr.~ on. status, i of.!n.v, estment...funds to board ,.~:--'. uol~c ~nYeseme~c t)oncv-so' an .uaruc~ a:nts-Know wl~a t ' '~ ~:~.'-:-' · . ..-_u~ouymg ~o p. ro~cle-a--yardstmk to"e.valuate uarterl --~'e 6rt~'.-'..'u'~-'.? - ~ ..,.-::.,...-....,...:?.-~:.. ~..~..~.-.~.,,~.:- : ..................-._,. _.q . . y~...p ..... .;~.... _.~ .__ -.. -.. - =_ . . ~..~ ,__.-..: ...--_... _ ._... ....................:, ~-.... ~_-a=.- ..... _~. ,~_ ..... ,,.,,~..,:,. .... ... -- ' .,u:~h * "' * .... .-..~ .... ".";2%,-.:,.:.~.'..~.<,:.~.,.~-.-j.'..'.*;.'.,,. -. _~_* ,-,~r~>;-*.;:~*.-7 ..... . . --:,.... ,-. ..... ... , :,'._*..~:.,. ~'.- - ~i]~· SB"~*19XX,:~A110wS' th'~'*~oVernor: tb'a oin[ a trustee'when . ~.~`~ .:-.~:~ ~1~ca1~ a g en~ y~ ;f~ ? `..C. ~a p.te~;`9: bankrup tc y.:.~G~¥ e~ri~ r~;v~u1d :. .~`~.`~ : '~:specify trust~e S. ~'$?e/:~['~nd.-d~tie's'.LTrti~'te~,:~oUld'~'~port · ', ad,dso, ry. authority, con.s, is_ting.of ~th'~'~)'~'t~'[~)~ir-e*r;-'contro11~r,:.:~::, i..an d d r..eCt r of Sta'ta D pirt/n"e i:.Of .?isa. ' 'a'" "-' ...... '"'" '* "::"~': "";"::*'"' '-"i;-~:~:"-'u ' '"" ..... ' ........ - "; " · KO-~p bill;' pproved by the, Senate and '~er~iir~' in the ~ -' -" . .L "".- ........ ~ '" --~*~ .... -- .... : ~ .'- ~- .-- .... .., - ~. · .':_ Asse m:bly:: ·,-~.-::.--,:-: ~:::.<{-.::~j~* :. :.:_ - -~ :' .j,.. :..:*· ...~. :;:~. [.~ :,,...... ~.. :.F..:....-.:_;:* ,,~..},7-:.:- ! >-: :/.* ·~:,. :..,-~.: ·,; < ~' "-SB~A3XX*: 1Eeq~{di:'e~ locai ~'n'cJe~ ~-'~'o~e~,'~tr/~C'~s 'finan~ial'Ser\dces to c°mp~tit~ve:biddi~g -'. :.'>'..': --::' '-< ~-, --:!".:~:; '· SB'-'i4XX*': R'e§trJc'ts local agencies' use of repurcl~Se ,...-...::.;-: ~,:i:ia:greement~ and reve~:S~*rep'u'rchase a~reements to 10%'of ' :.{. p_ortfolio.:E~'pands rJghi%f lodal agencies to rescind transaCti~)'n~'' i~![a.~ter the'fact. :.':~";~ .- "":'-" '" ' ",-. ----,. '"'-,,-- -.;'.,..' .~'* '~" .' Clarifies fiduciary '"" ' "' ' ""- :' =:;:'* = ~'' :"'"' ....... . i. :. .... "[ . '.. -....---~ ~. ,'. ,.-~-· SBi1sxX.;, '""':' :': ...... ::"-' standArds'~et~ve:~n': < ..- '.,~ ;}'broker/dealer,-and local-agencieS-:~ _. - ..... :. ~.,::~,.,.~.. .... .... .... < · .v,. .......... , .... , ..... · ........... . .... ,- 7 ':".?.:.Those responsible for investing.'-::" ~ "'.,:' public funds should beware of ..' ..-.:~:'-: money management firms that:.: .-"2.1 - ~':~':: investment adv~er wi~' b6th ~5: Seeun b es~and ]~xchar/g'e. :¢.L~: 3:::,: s~.~ C6mmission~_nd the Calffornia.~:-'-- Depar tm en t: of corpora ti0~ns~'~'. 4:, :)::~ 2 .:74_(~ Ct i_n d e p e n d.e .n.t. '.cus .to..dj' an.,to prote ct:--~4~!:': i~.~':"~,,,i assets .'~ L.::-J:t~-2 J:~: :,2:".::~.,:. :,":?'-:%:ii:: i;~: ::.::'.::',~:':::: ?"~.o'.. .- ...... . .. .... - .,........,, _~. ~: ,-.**: ~,,,.- -. .... '_,,.'-_ , 'k-.%::.. ~ Recommend inVestments.with '.* =r !' : gr. eat a reliance on a smgle-strategy~:'- '""T,,' ': '. ' ' ...~... or gingle type of security:~.~2,::-:. .,.~."--" ~- -- · ,...,:~ 'i ~afl to disclose who a~'thi~ firm..--:-~'~',-- ~..,~:~:= ~ill manage .funds and:provide-_a~'i:~';~ ~'i ~,;~=-:.:'~_: '~ ~':~: :~;.'-~'~: ';;: .~ ~.~-~,--~.: .:.4~::~'~:' ri ~t~ i 1 ~_ d'~- em ] ma' ~',-' L. e.' -:~ ~',-,"., :;-~:~':: '.':, "~ ::~-"-::;2~,:- ~...,... ..,:~.._-.: ..... -.- :...~_;.. :~ ~.~ .~.. ....: . ~, - .j, : . .. ,. .-._ . ,., :--, .... · Tout investment~itti.a:-:'guarant~ed',~:.level: of.performancez,::lu.~.:.] ~ ' ~ ' ' .-*~-' ~ .... ~;-'~ .... " " '"",-~: .i ' :,;~-~ ' - '-' ': ~' '~:~::...~.-r~-'=-~:- '~'~~ · .-.~..' .' · '.T'...:.~,,.-. ..?- .',,... :. .............. = .... . . ,,,~ .~ ..~,~ ~'~, · Commingle investments w~tl'i those of other clients, ~=::':..:=x:':'.=.::~-..=l' I~-.~,'~.?~.¥ .... ..~.,- .....:~?:~-~.~ ..~'.~-~,r~,.:~'..'=;..~:r'- ~:-~.~:-',, ~,~ .... : '- " ~" [ ~':".~ ;~:" '~' · ~'~'ffi-".~': : : ~;-* I~::~'ge¢ommeno~.com~ensauon arrangemen~ Daseo on i~;: · Impose emt.pena~t~es:if, tne relat~og~mp:~s ~;~rmma~;e0.z:~:,-.:~:?,..?s= t . - ~;- .o',<=.~~,.~---~ .... ,..-,i..~_'z,i~:,.~,'.- ,..~.;....~r .~...;., ...,....:..'_.., ~-X'-' '.' ' :., ~-. -..~.- ~.-k.~' .-.i'.:.~=" '"--" ~'~ .................... · ........ ~" ,, .;~ ".' - --'.-~' '.. --~.-,~' ='"'--=-r ~ ~ "?~'- ....... '. :-~ ~-:~'-'%=.:~-'-'~ '"::.~*~.~~~[:~*---'.:*-~r"~'[**:'.:' -: :::::::::::::::::::::: ': '~':'*.4'~ '*::?-"-'::.;- ':==~-*-*~*.'~- :::~ Onc~a:mone.y..,manaKe~';~'ias.been select;ed,..here are other, steps--:,:.' i.:~J'2".~-.: r .... ,.~" ~i'['. ~'~-:'~i'==='~'2~[-~''-''~''~ ........ 5~ - ':-:;:-"-"~::-.,*-:'~':~'--'-~.:?':-.'~.-.--~&:';:~- :...?.'[~.'"~ · -%*'T/'t C~I~TTI'I't CY' ~Tll'I"ICY' -*,-_-~_~'*~.-**.~:" ':'"7'-':'. -~.'~'"".'-':' ' ~.-"'.:'?": ..... : '- ........ ? ....."~'-'-' '-'' ~ .... ,. · · · · · ....... · . . ~ o . _ ~...-... / ' 7: l_Th~rd-i~rt~ ow~ght.'.} Investment man,.agers.gLy, e..,adv), ce,.: ..... ~- :.~'~k~inv~%~trfi'~ht:d~/¢i~iiSi'iS and'execute transactidi'i~:.THeYd6 :.': '"* -- ' ~ ................... ~.L,, ,*;. , - ~ . . ' :.. · '- ....... o o · ., o - .~ -~&~ · _ . · ..... . . _ .. .... ':~ not have possession.of<funds or, secunt!es: A thiffd-p.~,rty :.::.,: .--:'. ' ' Cffs~:0dian; ~Ually,:'a b~ t, rust:'d.ivision;-should be'u~ed t'6':i: i". .." ace6fint foi-"ill-~s~ets, fi61~lect ini:erest and Provide'~hfi~i':'.';'":..".''~'~' irid~is'~nde-n-.tilaggk§~m~nt~f:the fund's mai'ket ,- Demand an-explfffihti0ri'~.f~/ny:cliscrepancies between the:': ....... ~' ~"'-:-.~ - ~ "~'~--- '-- ' · .... ~ ...... ;~-~ ~" .... * 't ~' ',*.;*.'.'.~": .. ... '. .~;:~':. · , management, f~rm ~s state_m~e~nts and the custodmri's. :::~=.:-:.,' :... "~ Limi{!'d'i~i~i,~tii~i~:-~Th'~i~'~igement'fir~n"sh0uld be r;~7:!'Ui'red to consult with' the ihvestor before conducting major transactions. .......-r .,,, '.., ~ ~ -~ .,.. ~. · , · "· ¢onfirmati0n~"a'nd'audit~;.~.The management firm ShoUld- .. :"" send confirrfiati6ri:~::-e~sdrfSi'd~Umenting all transactions to the .~.-:.. ;.... investor and.third-party, cUstodian. Pay. att/ention to these ~- .: ....... . · documents and q~estion.afiy.'. discrepancies and unauthorized . -i~:transactions.?..?:2.'.?.i ."~-~=:->- - :.-~. :,"::: ..... '~::: .'~ '-.~ :'. '- -.,'.. ': . ..' ..[<,.,. ".. :=.~: .'~.. · . · ~:; .: '_.' ...?;.~ .. Source: $ki¢ Fish, former chairman of the Municipal Seeu~ies Rul~Making Board an~ chairman of ~ish'" .'- .... ~n~ LeOerer InYestmen: Counse~ o~ Orange. THE FIDUCIARY RESPONSIBILITIES OF CITY COUNCILS Nancy E. Hicks Director of Finance, City of Lakewood I. INTRODUCTION I believe that local government stands in the middle of fiscal and social crisis today in California. In the late nineteenth century, British writer James Bryce, in The American Commonwealth, wrote in regard to what government does and what it costs the people "that both the debt and taxation of American cities have risen with unprecedented rapidity, and now stand at an alarming figure.''~ We have only to look at recent events in Los Angeles and Orange Counties to see that this is true. Los Angeles County has mortgaged most of its assets and Orange County faces default on its debt. The voters seem unwilling to approve any tax increase. The unusual circumstance for us is that only recently has California fallen from its place as the "golden state". We are unfamiliar with our recent inability to govern well. We live in increasingly strained social times and complex fiscal times. We are faced with economic distress and structural imbalances that make it very difficult for local governments to function. Effective management of available resources is crucial to you as elected officials, as you try to maintain existing service levels, meet the demands of natural growth, decline and change, and withstand local and regional economic disruptions. Historically, municipal finance has been regarded with less glamour than some see in other aspects of city management. But today, money is the name of the game. How do you get it, how do you know if you have enough, how do you allocate it, and how do you protect what you have. As elected officials how do you gain the understanding you need of budgeting, taxing, accounting, debt management and related matters. This is all information you need to make sound financial decisions for your city. And to warn you of potential problems. What are your responsibilities as elected officials? Here are some of the things you need to know to help you. · How to evaluate the fiscal condition of your city · How to get the most out of your budget process · How to make sense out of those "dull" financial statements · Who's really responsible for investing city funds -1- II. EVALUATING THE FINANCIAL CONDITION OF YOUR CITY2 A. Is your city solvent? 1. Cash solvency refers to whether a government can generate enough cash (or liquidity) over thirty or sixty days to pay bills. 2. Budgetary solvency refers to whether a government can generate enough revenues over its normal budgetary period to meet its expenditure obligations and not incur deficits. . Long-range solvency refers to the long-range ability of a government to pay all of the costs of doing business, including the expenditures that appear in the annual budget and those that appear only in the years when they must be paid. Examples are: Pension costs Accrued vacation and sick leave Deferred maintenance Replacement of capital assets such as streets equipment buildings 4. Service level solvency asks whether a government can provide the level and quantity of services required for the general health and welfare of a community. A local government that can't support an adequate level of police and fire services will have problems of service level solvency. It would also have problems of cash, budgetary or long range solvency if it did provide the necessary police and fire services. B. Using factors to evaluate the financial condition of your city The Financial Trend Monitoring System (FTMS) identifies twelve factors that influence financial condition and arranges them in a rational order so they can be more easily measured. These factors are then associated with thirty-six "indicators" that measure different aspects of the factors. Once developed, they can be used to monitor changes in the financial condition. Environmental factors represent external influences. They create demands (a population increase may mean police must be added). They provide resources (a population increase could increase community wealth and tax revenues). -2- They are: Community needs and resources External economic conditions Inter-governmental constraints Natural disasters and emergencies Political culture . Organizational factors are the responses the government makes to changes in the environmental factors. The government can reduce services, increase efficiency, raise taxes or take other appropriate action. Legislative policies Management practices 3. Financial factors reflect the condition of the government's internal finances. They are: Revenues Expenditures Operating position Debt structure Unfunded liabilities Condition of capital plant C. Things that threaten financial health It goes without saying that a good accounting and reporting system are important for good management practices. You need good numbers for good management and to identify the kind and size of problems. Even with a good accounting system, a city can be doing things to threaten its financial health. Here are some examples: 1. Repeatedly using one-time sources of revenue to balance the budget (sale of assets). 2. Using reserves each year to balance the budget. 3. Continually using short-term borrowing (rolling over). 4. Continually using internal borrowing. 5. Deferring current costs to the future. 6. Ignoring long-range or full-life costs. 7. Accounting "gimmickry." D. An elected official's checklist for fiscal condition 1. Has your city adopted a budget? 2. Does your city prepare an annual financial report? 3. Do you review audit findings and the management letter? -3- 4. Has your city adopted a capital improvement plan? 5. Have you identified cash balances? 6. Have you identified reserves? 7. Does your city have an investment policy? 8. Is your city near or at the spending limitation? 9. Does someone manage debt and debt compliance? 10. Have mandated reports been completed? 11. What is the city's most recent bond rating? 12. Does your city have budget controls? Any question with a NO answer (except for questions 8 and 11) indicate a potential problem. Ask questions of your city manager or finance director - there may be a satisfactory explanation. III. BUDGETING Budgeting is a public policy process. The budget is a policy document. Almost every decision, activity and program can be expressed in the dollars and cents of the budget. A. What is the budget? The budget is the heart of the political process. "Who gets what" is a statement of a city's values, preferences and priorities. The budget is: · The allocation of resources · A policy determination · A plan for how resources will be spent · A plan of operation in dollars and cents · Legal authorization to incur obligations and pay expenses B. The basic law of budgets "You can only spend it once." -- Anonymous C. Budget policies Budget policies should be set by the city council. The city council must establish the priorities of the community and there must be agreement on what service levels the city wants to and/or should provide. Based on council adopted policies and priorities, the council can give staff the basic guidance necessary to prepare the budget for council consideration. Specific budget policies may include: 1. The amount of reserves to be maintained -4- 2. One time revenues will not be used for recurring expenditures 3. User fees will be set to cover the full cost of providing the service 4. Acceptable levels of service such as: a. response time of police and fire b. length of time to respond to building inspection requests 5. Satisfaction rating of service by customers D. Budgeting in a time of constraints A time of constraints is an apt description of life in the mid-nineties in California cities. Many of us have seen a decline in our local economic base due to the recession, not to mention the fact that the State has chosen to balance its own budget the past few years on the backs of local government. Unfortunately our costs don't drop proportionately. Our cities may have been stuck with multi- year collective bargaining agreements; energy prices for the most part continue to rise. As a result, expenditures increase faster than revenues. Not many books have been written on "cutback management" techniques for city governments. Following are some techniques that are being used and some associated pitfalls. . Belt tightening. Most cities tried this first and in some cases it was enough. Many cities have implemented "cost containment" committees or suggestion programs. The benefits have been to give employees a stake in the organization. Many inefficiencies and a lot of waste have been eliminated. . . , . Make cuts that will have to be restored later. Programs that are visible and politically attractive can be reduced. The resulting hue and cry can result in their restoration. Meat-ax approach. This is a traditional approach to budget balancing: a uniform across-the- board percentage cut. All departments are treated alike (although exceptions are often made for safety services). It appears neutral and fair; it's politically expedient. However, while it may work in the short term, in the long term it has deleterious consequences. The problem is that efficiency, effectiveness and priorities are ignored. Hiring freeze. This is a convenient and simple action to take. The result is a decrease in the total size of the work force. The problem is that the wrong positions may become vacant. The shape of the city organization is determined by the employment choices of employees who don't work for the city anymore. Prioritize types of purchases. Capital outlays can be deferred. Maintenance and repairs can be substituted for new equipment. If things are really tight, much needed maintenance may also be deferred. -5- The problem with deferred maintenance is that you will pay now or pay later. Generally speaking, later always costs more. Budgeting in the nineties is a challenge. Challenges always bring with them opportunities. A courageous council and management team can take this opportunity to reinvent the city organization, to right-size the organization and find new ways of delivering services. E. Questions to ask during your next budget process3 1. Why is this item (program, project) needed? 2. What is the total direct and indirect on-going cost of this program? 3. What are the objectives and how will you measure them? 4. What are the personnel requirements? 5. What new demands will be created if this program is approved? 6. What potential problems may result? 7. Can costs be recovered? How? 8. Where will we get the money to pay for it? 9. Can the objectives be achieved in other ways? 10. Who will benefit by this program? 11. How did we get by without it before? 12. What will happen if this program is not funded? IV. FINANCIAL REPORTING A. What is financial reporting? "Financial reporting is a complex communication form, related primarily to the transmission of economic data about an organization to concerned individuals and institutions..4 The annual financial report is the best resource for determining that the financial transactions you, as elected officials, authorized with the budget have been carried out in compliance with the law. Financial reports should be prepared according to GAAP, generally accepted accounting principles. This is important because it allows users of the report to be sure that similar financial events are recorded in a similar way among many reporting entities. This is particularly important when a city wants to issue bonds. Financial reports can also be cumbersome, confusing and difficult to read. Your finance director has generally written a letter transmitting the report to you. This transmittal letter provides an excellent summary of the significant items found in the report. B. Things to remember about your city's financial report and your outside independent auditor.5 1. The financial statements are the responsibility of the city's management -- not the city's outside auditors. -6- . The city's management is responsible for establishing and maintaining internal controls. Internal control means: a. Segregation of duties: The person who has custody of the assets should be different than the person who maintains the accounting records. b. Verification of data: The work of one employee should be checked or verified by another. . Auditors audit for "reasonable assurance," they do not audit every transaction, they "test" documents and physical inventories, they ask for confirmation from selected customers, creditors, legal counsel and banks. 4. The auditors may not be able to detect fraud or defalcation. C. The fund basis of accounting and reporting If you are familiar only with business financial accounting and reporting, you will find governmental accounting radically different. Businesses prepare reports for the total organization. However the accounts of a city generally are organized on the basis of funds, each of which is a separate accounting entity with its own set of self-balancing accounts. These funds are established for the purpose of carrying on specific activities or attaining certain objectives in accordance with special regulations, restrictions or limitations. Fund accounting allows a city to control resources and demonstrate compliance with legal and budgeting constraints. Ve TREASURY RESPONSIBILITIES6 The treasury function for cities can include many activities including receipt of revenues, business licensing, investment of funds and debt management. The following narrative focuses on the investment of public funds. The authority governing investments for California local agencies is set forth in the California Government Code, sections 53601, et seq. The public treasurer is thus set apart from his private industry counterpart. A. The authority of the treasurer7 "The authority of the legislative body to invest or to reinvest funds of a local agency, or to sell or exchange securities so purchased, may be delegated by the legislative body to the treasurer of -7- the local agency, who shall thereafter assume full responsibility for such transactions until such time as the delegation of authority is revoked, and shall make a monthly report of such transactions to the legislative body." B. The responsibility of the treasurers "The treasurer is responsible for the safekeeping of money in his custody and shall enter into any contract with a depository relating to any inactive deposits which in his judgment is to the public advantage." A key phrase in the above statement is "in his judgment." A person's judgment is based upon the sum total of his knowledge and experience. The essence of this judgment is the person's "common sense." C. The prudent man rule In cash management, common sense investing is referred to as the "prudent man rule." A definition of this concept describes a prudent man as one "who is seeking a reasonable income and preservation of capital." The first and foremost objective of the treasurer is the protection and preservation of capital. The government code does not state that public funds must receive a maximum yield while in the custody of the treasurer. It does say the primary objective of the treasurer is the safety of public funds. He may invest these funds only when and where he believes the action is the action is "for the public advantage." D. 5 year limitation on purchase of investments Effective January 1, 1989, the Government Code (section 53601) restricts local agencies from purchasing investment securities with a maturity length greater than five years unless prior legislative approval is given. E. Investment policy The successful management of any operation requires the development of a plan with declared objectives to measure performance and compliance. The investment of public funds is no exception. The investment policy should be submitted to the city council on a regular basis (such as annually) for approval and adoption. In general, the policy should identify the parameters of the investment function. Model policies have been jointly prepared by the California Municipal Treasurers, the California Society of Municipal Finance Officers and the California County Treasurers Association. The primary objectives of a city investment policy should be safety, liquidity and yield. They are not equal elements of the triad. -8- 1. Safety is the primary element. The public treasurer has a fiduciary role in regard to public funds. 2. Liquidity refers to the ability to convert an investment to cash. 3. Yield refers to the return on investment. Its value has a direct but inverse relation to the safety and liquidity of the security. Remember: "The higher the yield, the higher the risk." E. A checklist for public investments 1. Cash (cash is a very liquid asset) a. Is there an annual audit? Is the opinion unqualified? b. Are bank reconciliations done by non-investment staff?. c. Are the reconciliations done in a timely manner? 2. Investment policy a. Is there an investment policy? b. Is the policy presented on at least an annual basis? c. Is the policy current to government code requirements? d. Are there restrictions in the policy? 3. Schedule of investments ao Are the investments listed on the schedule legal? Is the schedule in compliance with the investment policy? Is the information on the schedule correct? Are investments diversified? by issuer? by maturity date? by dollar amount invested? by dealer purchased through? 4. Risk level a. Is the yield at market levels for average maturity length? b. Is the portfolio diversified? If the portfolio substantially exceeds market levels, ask why. There may be good reasons why the portfolio is higher. However, substantial above market return is a big red flag. -9- VII. 5. Liquidity Are there funds available to meet the operational cash flow needs of the agency? Any question with a NO answer is a potential red flag. Ask questions. WHAT LIES AHEAD? A. Fiscal issues . Four years of recession have had a direct and detrimental impact on local governmental finance and services. The State of California has been in a budget deficit for each of those years. The difficulties that plague the state have also produced budget deficits at the local level. Although recovery officially began in April 1994, it has been geographic and sporadic. By the latest accounts, our economy is still struggling. . The shift away from aerospace and defense manufacturing is likely irreversible. The unemployment rate is California is significantly higher than in the rest of the country. Higher paying manufacturing jobs are being replaced with lower paying service jobs. . Tax "users" are growing faster than tax "generators." California's welfare grants are the highest among the ten largest states.9 The prison population is growing at a rate approximately six times the rate of the increase of the population in general, l0 . There are those who believe that California's current tax system is outmoded; it's based on an industrial economy structured to fit a manufacturing-based society. ~ Current sales tax laws date back to 1933 and rely on retail sales of tangible goods. Since the mid-70's, California has become an increasingly service-based economy. B. The hope for California California is still our "golden" state. We have all kinds of resources -- natural, human, economic -- more than most. There are all kinds of opportunities in the challenges that lie ahead. . Let's take advantage of the creation of the Constitutional Revision Commission. This commission represents our best hope for a meaningful and fair "restructuring" of the roles and responsibilities of state and local government. . California cities can find better ways, more efficient ways, to deliver services. We can work together through joint powers authorities; we can contract with each other and with other local agencies for the delivery of services; we can work through non-profit organizations and use volunteers. . California cities are still the best prepared of any level of government to meet the goals of accountability and responsibility in the delivery of services to our citizens. -10- . . 3. . . . . . , 10. 11. NOTES James Bryce, The American Commonwealth (New York: MacMillan Co., 1920), vol 1 p. 640 (First edition, 1888). ' This section is excerpted from Sanford M. Groves and W. Maureen Godsey, Evaluating Financial Condition: A Handbook for Local Government (Washington, D.C.' International City Management Association, 1986.) Len Wood & Associates, Little Budget Book, pp.80-83, (Rancho Palos Verdes, 1993). William W. Holder, "Local Government Accounting", Chapter 18, Management Policies in Local Government Finance, ed, J. Richard Aronson and Eli Schwartz (International City Management Association, 1987) p. 416. Excerpted from A Road Map for Reading - and Understanding - Your City's Annual Financial Report (Irvine, California: Diehl, Evans and Company, Certified Public Accountants, 1994). Excerpted from Cash Management Principles: An Overview of the Treasury Function in Local Government, a presentation to the California Society of Municipal Finance Officers by Henry W. Stern, C.C.M.T., Deputy Treasurer, City of Lakewood. California Government Code, Section 63507. California Government Code, Section 53649 Common Cents: Background Material on State and Local Government Finances, prepared for the Assembly Select Committee on Restructuring Government, Valerie Brown, Chair; p. 12. Ibid, p.26 Local Government Reform Committee Final Draft Report, prepared for the League of California Cities Board of Directors, March 29, 1994, p. 5. -11- CA SB 861 AUTHOR: Craven TITLE: Local agency formation commissions CHAPTER: 562 SUMMARY: Permits a local agency commission to destroy a duplicate record if an electronic copy is retained in the files of the commission, as specified. STATUS: 02~23/95 INTRODUCED. 03106/95 To SENATE Committee on LOCAL GOVERNMENT. 03/27/95 From SENATE Committee on LOCAL GOVERNMENT with author's amendments. Read second time and amended. Re-referred to Committee. 03/29/95 In SENATE Committee on LOCAL GOVERNMENT: Not heard. 03/30/95 From SENATE Committee on LOCAL GOVERNMENT: Do pass. 04/04/95 In SENATE. Read second time. To third reading. 04/06/95 Re-referred to SENATE Committee on APPROPRIATIONS. 04/17/95 From SENATE Committee on APPROPRIATIONS: Do pass. 04/18/95 In SENATE. Read second time. To third reading. 04/20/95 In SENATE. To Special Order. 05/01/95 In SENATE. Read third time. Passed SENATE. *****To ASSEMBLY. 07/06/95 To ASSEMBLY Committee on LOCAL GOVERNMENT. 07/28/95 From ASSEMBLY Committee on LOCAL GOVERNMENT with author's amendments. Read second time and amended Re-referred to Committee. ' 08/01/95 From ASSEMBLY Committee on LOCAL GOVERNMENT with author's amendments. Read second time and amended. Re-referred to Committee. 08/23/95 From ASSEMBLY Committee on LOCAL GOVERNMENT: Do pass. To Consent Calendar. 08/28/95 In ASSEMBLY. Read second time. To Consent Calendar. 08/31/95 In ASSEMBLY. Read third time. Passed ASSEMBLY. *****To SENATE. 09/07/95 In SENATE. To Special Consent Calendar. 09/12/95 In SENATE. From Special Consent Calendar. To Unfinished Business. 09/13/95 In SENATE. SENATE concurred in ASSEMBLY amendments. To enrollment. 09/18/95 Enrolled. *****To GOVERNOR. 10/04/95 Signed by GOVERNOR. CA SB 863 AUTHOR: Craven TITLE: Local Government CHAPTER: 745 SUMMARY: Modifies the computations and allocations made in Orange County to reduce the property tax allocation to a flood control district and a harbors, beaches and parks fund by $4,000,000 each and requires allocation of moneys equivalent to that reduction to Orange County for each of the 1997-98 to 2015-16 fiscal years. STATUS: 02/23/95 03/06/95 03/29/95 03/30/95 04104195 04106195 04/17/95 04/18/95 05/08/95 INTRODUCED. To SENATE Committee on LOCAL GOVERNMENT. In SENATE Committee on LOCAL GOVERNMENT: Not heard. From SENATE Committee on LOCAL GOVERNMENT: Do pass. In SENATE. Read second time. To third reading. Re-referred to SENATE Committee on APPROPRIATIONS. From SENATE Committee on APPROPRIATIONS: Do pass. In SENATE. Read second time. To third reading. In SENATE. Read third time and amended. To second reading. 05/09/95 In SENATE. Read second time. To third reading. 05/11/95 In SENATE. Read third time. Passed SENATE, *****To ASSEMBLY. 05/22/95 To ASSEMBLY Committee on LOCAL GOVERNMENT. 07/05/95 From ASSEMBLY Committee on LOCAL GOVERNMENT: Do pass as amended. 07/12/95 In ASSEMBLY. Read second time and amended. To second reading. 07/13/95 In ASSEMBLY. Read second time. To third reading. 07/21/95 In ASSEMBLY. To Inactive File. 08/29/95 In ASSEMBLY. From Inactive File. To third reading. 09/06/95 In ASSEMBLY. Read third time. Passed ASSEMBLY. *****To SENATE. 09/07/95 In SENATE. SENATE refused to concur in ASSEMBLY amendments. To CONFERENCE Committee. 09/13/95 From CONFERENCE Committee. 09/15/95 In SENATE. CONFERENCE Committee report adopted by SENATE. 09/15/95 In ASSEMBLY. CONFERENCE Committee report adopted by ASSEMBLY. To enrollment, 09/22/95 Enrolled. *****To GOVERNOR, 10/09/95 Signed by GOVERNOR. CA SB 864 AUTHOR: Craven TITLE: County government: treasury oversight LOCATION: Assembly Local Government Cammittee SUMMARY: Requires the board of supervisors in each county to establish in each county or city and county that is investing surplus funds to establish a county treasury oversight committee with specified membership who meet certain qualifications; requires the county treasurer, in any county that establishes the committee, to annually prepare an investment policy with prescribed contents that would be reviewed and monitored by the committee; makes related provisions. STATUS: 02/23/95 INTRODUCED. 03/06/95 To SENATE Committee on LOCAL GOVERNMENT. 03/27/95 From SENATE Committee on LOCAL GOVERNMENT with author's amendments. Read second time and amended. Re-referred to Committee. 03/29/95 In SENATE Committee on LOCAL GOVERNMENT: Not heard. 03/30/95 From SENATE Committee on LOCAL GOVERNMENT: Do pass as amended. 04/06/95 In SENATE. Read second time and amended. To third reading. Re-referred to Committee on APPROPRIATIONS. 04/17/95 In SENATE Committee on APPROPRIATIONS: Not heard. 04/20/95 From SENATE Committee on APPROPRIATIONS: Do pass as amended. 04/25/95 In SENATE. Read second time and amended. To third reading. 04/27/95 In SENATE. Read third time and amended. To second reading. To Special Order. 05/01/95 In SENATE. Read third time. Passed SENATE. *****To ASSEMBLY. 07/06/95 To ASSEMBLY Committee on LOCAL GOVERNMENT. CA SB 866 AUTHOR: Craven TITLE: Local government CHAPTER: 784 SUMMARY: Requires that the board of supervisors in each county or city and county that is investing surplus funds to establish a county treasury oversight committee with specified membership who meet certain qualifications; makes other related provisions; specifies that the proceeds of sales or funds set aside for the repayment of any notes issued in specified circumstances shall not be invested for a term of the notes. STATUS: 02/23/95 INTRODUCED. 03/06/95 To SENATE Committee on LOCAL GOVERNMENT. 03/27/95 From SENATE Committee on LOCAL GOVERNMENT with author's amendments. Read second time and amended. Re-referred to Committee. 03/29/95 In SENATE Committee on LOCAL GOVERNMENT: Not heard. 03/30/95 From SENATE Committee on LOCAL GOVERNMENT: Do pass. 04/04/95 In SENATE. Read second time. To third reading. 04/06/95 Re-referred to SENATE Committee on APPROPRIATIONS. 04/17/95 From SENATE Committee on APPROPRIATIONS: Do pass. 04/18/95 In SENATE. Read second time. To third reading. 04/20/95 In SENATE. To Special Order. 05/01/95 In SENATE. Read third time. Passed SENATE, *****To ASSEMBLY. 07/06/95 To ASSEMBLY Committee on LOCAL GOVERNMENT. 07/21/95 From ASSEMBLY Committee on LOCAL GOVERNMENT with author's amendments. Read second time and amended. Re-referred to Committee. 08/23/95 From ASSEMBLY Committee on LOCAL GOVERNMENT: Do pass. To Consent Calendar. 08/28/95 In ASSEMBLY. Read second time. To Consent Calendar. 08/31/95 In ASSEMBLY. From Consent Calendar. To third reading. 08/31/95 In ASSEMBLY. Read third time and amended. To third reading. 09/05/95 In ASSEMBLY. Read third time. Passed ASSEMBLY. *****To SENATE. 09/06/95 In SENATE. Re-referred to Committee on LOCAL GOVERNMENT. 09/07/95 From SENATE Committee on LOCAL GOVERNMENT: Recommend concurrence in ASSEMBLY amendments. 09/13/95 In SENATE, SENATE concurred in ASSEMBLY amendments. To enrollment. 09/18/95 Enrolled. *****To GOVERNOR. 10/12/95 Signed by GOVERNOR, CA SB 867 AUTHOR: Craven TITLE: Local Agency Investments LOCATION: SENATE SUMMARY: Revises terms under which a local agency may invest its funds in repurchase agreements or reverse repurchase agreements including a condition that the term of the agreement not exceed one year, and the market value of securities purchased under a repurchase agreement would be required to be at 102 percent or greater of the dollars invested to be adjusted quarterly. STATUS: 02/23/95 INTRODUCED. 03/06/95 To SENATE Committee on LOCAL GOVERNMENT. 03/27/95 From SENATE Committee on LOCAL GOVERNMENT with author's amendments. Read second time and amended. Re-referred to Committee. 03/29/95 In SENATE Committee on LOCAL GOVERNMENT: Not heard. 03/30/95 From SENATE Committee on LOCAL GOVERNMENT: Do pass. 04/06/95 In SENATE. Read second time and amended. To third reading. Re-referred to Committee on APPROPRIATIONS. 04/17/95 In SENATE Committee on APPROPRIATIONS: Held without recommendation. 01/31/96 Returned to Secretary of Senate pursuant to Joint Rule 56. CA SB 868 AUTHOR: Craven TITLE: Local Agency Investments LOCATION: SENATE SUMMARY: Provides, with respect to local agency investments and deposits, that no money shall be invested in any security that could result in zero interest accrual periods. STATUS: 02/23/95 INTRODUCED, 03/06/95 To SENATE Committee on LOCAL GOVERNMENT. 03/27/95 From SENATE Committee on LOCAL GOVERNMENT with author's amendments, Read second time and amended. Re-referred to Committee. 03/29/95 In SENATE Committee on LOCAL GOVERNMENT: Not heard. 03/30/95 From SENATE Committee on LOCAL GOVERNMENT: Do pass. 04/04/95 In SENATE. Read second time. To third reading. 04/06/95 Re-referred to SENATE Committee on APPROPRIATIONS. 04/17/95 In SENATE Committee on APPROPRIATIONS: Held without recommendation. 01/31/96 Returned to Secretary of Senate pursuant to Joint Rule 56. CA SB 564 AUTHOR: Johnston TITLE: Local agency treasurers CHAPTER: 783 SUMMARY: Requires the Treasurer to make a monthly report on investments in the Pooled Money Investment Account, as specified; requires the Treasurer to annually prepare and submit to the Pooled Money Investment Board a written statement of investment policy and a quarterly report on investments in the Pooled Money Investment Account, as specified. STATUS: 02/21/95 INTRODUCED. 02/27/95 To SENATE Committee on LOCAL GOVERNMENT. 03/27/95 From SENATE Committee on LOCAL GOVERNMENT with author's amendments. Read second time and amended. Re-referred to Committee. 03/29/95 From SENATE Committee on LOCAL GOVERNMENT: Do pass as amended to Committee on APPROPRIATIONS. 04/06/95 In SENATE. Read second time and amended. Re-referred to Committee on APPROPRIATIONS. 04/17/95 From SENATE Committee on APPROPRIATIONS: Do pass as amended. 04/19/95 In SENATE. Read second time and amended. To third reading. 04/27/95 In SENATE. Read third time and amended. To second reading. To Special Order. 05/01/95 In SENATE. Read third time. Passed SENATE. *****To ASSEMBLY. 07/06/95 To ASSEMBLY Committee on LOCAL GOVERNMENT. 07/18/95 From ASSEMBLY Committee on LOCAL GOVERNMENT with author's amendments. Read second time and amended. Re-referred to Committee. 08/23/95 From ASSEMBLY Committee on LOCAL GOVERNMENT: Do pass. Re-referred to Committee on APPROPRIATIONS. 08/28/95 To ASSEMBLY Committee on APPROPRIATIONS Suspense File. 09/06/95 In ASSEMBLY Committee on APPROPRIATIONS: Heard, remains in Committee. 09/12/95 From ASSEMBLY Committee on APPROPRIATIONS: Do pass as amended. 09/13/95 In ASSEMBLY. Read second time and amended. To second reading. 09/14/95 In ASSEMBLY. Read second time. To third reading. 09/15/95 In ASSEMBLY. Read third time. Passed ASSEMBLY. *****To SENATE. 09/15/95 In SENATE. SENATE concurred in ASSEMBLY amendments. To enrollment. 09/25/95 Enrolled. *****To GOVERNOR. 10/12/95 Signed by GOVERNOR. CA SB 19 b AUTHOR: Kopp TITLE: Local agencies: bankruptcy LOCATION: ASSEMBLY SUMMARY: Authorizes the Governor, whenever any municipality files as a debtor under federal bankruptcy law, to appoint a trustee to oversee that municipality. Requires the Governor to issue an executive order indicating the specific powers to be assumed by the trustee; provides that a municipality may only file under federal bankruptcy law with the approval of the Local Agency Bankruptcy Committee that would consist of members, as specified; makes related provisions. STATUS: 05/08/95 INTRODUCED. 05/08/95 To SENATE Committee on LOCAL GOVERNMENT. 05/17/95 From SENATE Committee on LOCAL GOVERNMENT: Do pass as amended to Committee on APPROPRIATIONS. 05/31/95 In SENATE. Read second time and amended. Re-referred to Committee on APPROPRIATIONS. 07/03/95 In SENATE Committee on APPROPRIATIONS: Not heard. 07/06/95 From SENATE Committee on APPROPRIATIONS with author's amendments. Read second time and amended. Re-referred to Committee. 07/10/95 From SENATE Committee on APPROPRIATIONS: Do pass as amended. 07/13/95 In SENATE. Read second time and amended. To third reading. 07/15/95 In SENATE. Read third time. Passed SENATE. *****To ASSEMBLY. CA SB 13 b AUTHOR: Kopp TITLE: Local agencies: financial affairs LOCATION: ASSEMBLY SUMMARY: Limits the authority of the legislative body of a local agency to delegate its authority to invest or reinvest local agency funds or to sell or exchange securities purchased to the treasurer of the local agency. Requires that any contract by a local agency with any party or parties for the performance of financial services, duties, or consultation, including, but not limited to, the services of bond counsel and investment bond underwriters shall be awarded by bidding. STATUS: 03/21/95 INTRODUCED. 03/21/95 To SENATE Committee on LOCAL GOVERNMENT. 03/27/95 From SENATE Committee on LOCAL GOVERNMENT with author's amendments. Read second time and amended. Re-referred to Committee. 03/29/95 In SENATE Committee on LOCAL GOVERNMENT: Not heard. 03/30/95 From SENATE Committee on LOCAL GOVERNMENT: Do pass as amended to Committee on APPROPRIATIONS. 04/06/95 In SENATE. Read second time and amended. Re-referred to Committee on APPROPRIATIONS. 04/17/95 From SENATE Committee on APPROPRIATIONS: Do pass as amended. 04/19/95 In SENATE. Read second time and amended. To third reading. 05/01/95 In SENATE. Read third time. Passed SENATE. *****To ASSEMBLY. CA SB 14 b AUTHOR: Kopp TITLE: Local government: finances LOCATION. ASSEMBLY SUMMARY: Provides that repurchase agreements and reverse repurchase agreements shall not constitute more than 10% each, respectively, of a funds portfolio, and specifies conditions on the purchase of these types of investments, and deletes the legislative approval exception to the prohibition against investments that mature in over ,5 years; makes related provisions. STATUS: 03/21/9,5 INTRODUCED. 03/21/95 To SENATE Committees on LOCAL GOVERNMENT and APPROPRIATIONS. 03/27/95 From SENATE Committee on LOCAL GOVERNMENT with author's amendments. Read second time and amended. Re-referred to Committee. 03/29/95 In SENATE Committee on LOCAL GOVERNMENT: Not heard. 03/30/95 From SENATE Committee on LOCAL GOVERNMENT: Do pass as amended to Committee on APPROPRIATIONS. 04/06/95 In SENATE. Read second time and amended. Re-referred to Committee on APPROPRIATIONS. 04/17/9,5 In SENATE Committee on APPROPRIATIONS: Not heard. 04/20/95 From SENATE Committee on APPROPRIATIONS: Do pass as amended. 04/25/95 In SENATE. Read second time and amended. To third reading. 04/27/95 In SENATE. Read third time and amended. To second reading. 05/01/9,5 In SENATE. Read second time. To third reading. Read third time. Passed SENATE. *****To ASSEMBLY. CA SB 15 b AUTHOR: Kopp TITLE: Local agencies: financial responsibility LOCATION: ASSEMBLY SUMMARY: States that the county treasurer and the board of supervisors are agents of the county which is a trustee and those agents are therefore fiduciaries subject to the prudent investor standard, as specified; specifies the objectives that the county is to meet when investing, reinvesting, acquiring, exchanging, selling, and managing public funds; makes other related provisions. STATUS: 03/21/95 INTRODUCED. 03/21/95 To SENATE Committees on LOCAL GOVERNMENT and APPROPRIATIONS. 03/27/95 From SENATE Committee on LOCAL GOVERNMENT with author's amendments. Read second time and amended. Re-referred to Committee. 03/29/95 In SENATE Committee on LOCAL GOVERNMENT: Not heard. 03/30/95 From SENATE Committee on LOCAL GOVERNMENT: Do pass as amended to Committee on APPROPRIATIONS. 04/06/95 In SENATE. Read second time and amended. Re-referred to Committee on APPROPRIATIONS. 04/17/95 From SENATE Committee on APPROPRIATIONS: Do pass as amended. 04/20/95 In SENATE. Read second time and amended. To third reading. 04/27/95 In SENATE. Read third time and amended. To second reading. 05/01/95 In SENATE. Read second time. To third reading. Read third time. Passed SENATE. *****To ASSEMBLY. ITEM NO. 1 lb MEETING DATE: 3/6/96 AGENDA SUMMARY REPORT SUBJECT: Approval of Joint Powers Agreement creating Mendocino County Inland Water and Power Commission SUMMARY: Attached is the 9th Draft of the Joint Exercise of Powers Agreement for the Formulation and Implementation of the Mendocino County Inland Water and Power Commission. The draft contains some minor changes from the 8th Draft which the City Council has already discussed and approved. The 9th Draft includes a new section 2.15 which states that masculine pronouns include the feminine. It changes from one to three years the length of time Commissioners are disqualified from working for or contracting with the Commission, after they leave office. The drafting committee is now requesting approval of the 9th Draft from all agencies. RECOMMENDED ACTION: Approve 9th Draft and authorize Mayor to sign same on behalf of the City of Ukiah. ALTERNATIVE COUNCIL POLICY OPTIONS: Refuse to approve agreement or propose changes to the agreement before approval. Acct. No. (if NOT budgeted): N/A Acct. No.: Appropriation Requested: (if budgeted) Citizens Advised: N/A Requested by: David J. Rapport, City Attorney Prepared by: David J. Rapport, City Attorney Coordinated with: Candace Horsley, City Manager Attachments: 9th Draft Commission Joint Powe~Agreement Approved:.~~ , .~~~./ ]~.~i MENDOCINO COUNTY AND WATER- RUSSIAN RIVER FLOOD CONTROL DISTRICT- FelSruary 20, 1996- Dear Ad Hoc Committee Member: Enclosed, please find Draft #9 of the proposed JPA Agreement. Mr. Johnson has made the appropriate changes discussed at the last meeting and it is the consensus of the committee that this document is: ready for signature. We. ask that you present the agreement to your boards for approval and subsequent signature. If, for some reason, there i~ something in the text that you feel needs modifying, please contact myself or Mr. Thomas and a meeting will be scheduled. Atier comments, and or agreements, are received, we will schedule a meeting to discuss the next course of action. If you have any questions, please do not hesitate to contact me. · District Secretary 425 TALMAGE_ROAD * UKIAH, CALIFORNIA 95482_ · (707) 462-1961 JOINT EXERCISE OF POWERS AGREEMENT FOR THE FORMULATION AND IMPLEMENTATION OF THE MENDOCINO COUNTY INLAND WATERAND POWER COMMISSION (COMMISSION) 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), Redwood Valley County Water District (Redwood), the Potter Valley Irrigation District (PVID), and City of Ukiah (Ukiah). The foregoing parties are collectively referred to herein as "the signatories". 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. E. 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 are~' 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&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 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, THEREFORE, in consideration of the mutual benefits, covenants and agreements set forth herein, the parties hereto agree as follows: ARTICLE I - AUTHORITY SECTION 1.01. Legal Authority. 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. Genera__l. 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. ~oard of Director~. "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 sums of 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 and Russian 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. MEMBER 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'~ection .~. ;~. 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 Member 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 Come ission 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; (2) The point or points of diversion and/or (3) (4) The dates of diversion and/or storage; A description of the physical improvements required; (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 (~), 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 submitted the 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.X$. 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 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; 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 legal means 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 c~mposed 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 power of the Commission shall reside in the Board of 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. Ail 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. Reimburse ..... ment of expenses shall be subject to approval of the Board of Directors of the Commission. SECTION 4.05. Regular Meetings. The Board of Directors 10 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. Quorum. 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. pules. 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 - OFFICERS 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 assume the 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 shall perform those duties 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 6505 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 officers or 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 6505.1 of the Act. 14 SECTION 5.04. Engineering and Legal 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 contract with 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 15 Commission is hereby authorized, in its own name, to do all acts 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 16 by (a) imposing taxes, (b) incurring bonded indebtedness and issuing bonds, (c) by levying benefits of assessment, (d) by imposing user fees, and (e) by securing grants and loans from government agencies and others. (8) to establish appropriate operation and advisory Committees to conduct public 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. To 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, 17 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 exceed the revenue received in the sa~e 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 financial assistance 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; 18 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 watershe~ds; 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 assist member 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). Delegated Powers. The signatories delegate to the Commission the right to act on behalf of any and all of the signatories in the following areas: 19 (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 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 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 Eel River and Russian River Water supply issues (as defined in S2.09). (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) All future water applied for by the various agencies will be applied for by the Commission subject to an 2O agency's right to pursue a project if the Commission does not exercise its right of first refusal, ~and apportioned upon withdrawalo~ ~ . 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 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), andArticle 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 functions of the Commission shall apply and be observed by the Commission: 21 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 f~ederal 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 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 22 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 1 of each year to and including June 30 of the following year. 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 per 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. The expenditure 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 23 before February 1 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 S~all 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 proposed expenditures and the total anticipated income or other means of financing the budget 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 the budget estimate, the Board of Directors shall fix a time and a place for hearing by the Board of Directors thereon. At the budget hearing the Board of Directors may increase or decrease any item in the budget estimate and may delete any item therefrom 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 estimate as submitted to the parties hereto or as revised by the Board of Directors, and thereupon the same shall constitute the 24 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 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 25 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 ~ontributions 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 have agreed, the Commission shall hold the assets in trust for them. (B) Disposition of Liabilities: To the extent 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 - MISCRLLANEOUS 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 Aqreement. This agreement may be amended only by an agreement, in writing, approved by all of 26 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. 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 27 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. 28 (SEAL) ATTEST: MENDOCINO COUNTY WATER AGENCY OF THE COUNTY OF MENDOCINO BY Chairman of the Mendocino County Water A~gency 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 REDWOOD VALLEY COUNTY WATER DISTRICT (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 29 MENDOCINO COUNTY RUSSIAN RIVER FLOOD CONTROL AND WATER CONSERVATION IMPROVEMENT DISTRICT (SEAL) ATTEST: Chairman of the Board of the Mendoci~o County Russian River Flood Control and Water Conservation 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 Clerk 30 EXHIBIT "A" County of Mendocino Potter Valley Irrigation District Redwood Valley County Water District~ MCRRFC&WCID City of Ukiah 31 AGENDA SUMMARY ITEM NO. 12a DATE- March 6, 1996 REPORT SUBJECT. CONSIDERATION AND APPROVAL OF COMMUNITY SERVICES DEPARTMENT RESTRUCTURING PROPOSAL ANDAUTHORIZATION OF BUDGET A~.NDMENT The City Council requested, during the 1995-96 budget sessions, that staff consider an employee position to maintain the integrity of our buildings and facilities. In addition, two other items need to be considered at this time. Completion of the Plaza and Orchard Park are imminent this year which will increase the Parks work load beyond (Continued on next page) RECOMMENDED ACTION: 1. Approve the Community Services Department Restructuring Proposal, dated February 26, 1996. 2. Approve the proposed job descriptions and salary ranges for the following positions- a. Park Maintenance Leadworker Range 33 b. Park Service Worker (Full-time) Range 24 c. Park Service Worker (Part-time) $7.50/hr. d. Building & Fac. Attendant (Part-time) $11.88/hr. 3. Authorize Budget Amendment: 1) $8,901 from General Fund (100) fund Balance to Community Services Parks (100.6001.XXX); 2) $3,500 from General Fund (100) fund balance to General Government Buildings (100.1915.XXX); and 3) $3,535 from Golf Course (695) fund balance to Golf Course Salaries (695.6120.111/156). ALTERNATIVE COUNCIL POLICY OPTIONS- 1. Do Not Approve February 26, 1996 Community Services Department Restructuring Proposal. 2. Revise February 26, 1996 Community Services Department Restructuring Proposal. 3. Refer to Staff for additional information. Citizen Advised- N/A Requested by- City Council Prepared by' Karl Revheim, Acting Personnel Officer Coordinated with. Candace Horsley, City Manager Gordon Elton, Finance Director Attachments- . · 3. 4. 5. 6. February 26, 1996 Community Services Department Restructuring Proposal Existing job description - Park Maintenance Attendant Proposed job description - Park Maintenance Leadworker Proposed job description - Park Service Worker Proposed job description - Building & Facilities Att. Budget Amendment Worksheets Candace Horsley,-~y Manager SUMMARY (Continued) current staffing levels. This Fall the Golf Course Committee brought forward major concerns on adequate staffing during the summer season at the Golf Course to maintain the greens and keep the restrooms clean throughout the day. In light of the additional staffing needs of the Community Services Department based on the situations described above, a sub-committee was formed consisting of Councilmember Shoemaker, Councilmember Wattenburger, the City Manager, Golf Course Superintendent Reed Carpenter, Parks Supervisor Bruce Weselsky, and Assistant Redevelopment Director Larry DeKnoblough to discuss this issue. Staff has analyzed various restructuring options and associated costs, and developed a Community Services Department Restructuring Proposal, dated February 26, 1996, (attachment #1). The initial draft proposal was considered and approved by the sub-committee. The proposal includes a reclassification of the current Park Maintenance Attendant position to Park Maintenance Leadworker position. In addition, a new full-time Park Service Worker position is being proposed which would be at a lower salary range than that of the current Park Maintenance Attendant. The existing 34-hour Park Maintenance Attendant position would be reclassified to a 34-hour Park Service Worker position. We are proposing an small hourly wage increase for the 34-hour position in an effort to ensure that we have qualified applicants and reduce the turnover we have been experiencing in this position. These changes will result in a net increase of one individual at forty hours per week. The increased staffing in the Parks Division will allow for two-person teams to work on a park with varying levels of skills and reduce the need for frequent trips to and from the maintenance facility. The higher paid classification positions will perform the specialized work, with the Park Service Worker positions acting as assistants or performing the more routine duties. At the Golf Course, the hot summer months require afternoon spot watering on the greens in order to keep sections of the green from drying out and dying. In addition, there is so much play in the afternoons, the restrooms need to be cleaned several times a day rather then just in the morning. We are proposing two six-month summer seasonal employees at the Golf Course to perform the additional duties which are necessary during the high-peak months. The proposal also includes a part-time Building and Facilities Attendant position to address the Council's concern relative to ongoing building and facilities maintenance. This type of position necessitates a person who has certain construction skills and experience, such as working with flooring, windows, and building exteriors, and is knowledgeable in the electrical, plumbing, painting, masonry, and carpentry trades. Staff believes a 20-hour per week position will address the current needs. Due to the knowledge and skills which will be required, we have proposed a higher hourly wage than most of our other Community Services part-time positions. Current and proposed job descriptions for the restructuring are also attached for the Council's review and consideration. If approved as presented, the overall increased cost of the restructuring will be approximately $63,742 annually. This includes approximately $48,889 in salary costs and $14,853 in benefit costs. The benefit costs include PERS, group health insurance, workers compensation, Medicare, Unemployment insurance, and FICA as applicable to the particular position. Staff proposes to fund these changes by utilizing the Fund Balances in the General Fund (100) and the Golf Course (695). If approved, an April 1 implementation date is anticipated (the Building and Facility Attendant would not be on board for at least another month). Thus projected costs for the current year are $15,936. The Budget Amendment reflects these figures. Staff recommends- 1) approval of the Community Services Department Restructuring Proposal, dated February 26, 1996, including the applicable job descriptions and salary ranges, and 2) approval of a budget amendment of $15,936. PER\ASR. CS COMMUNITY SERVICES DEPARTMENT RESTRUCTURING PROPOSAL FEBRUARY 26, 1996 Existing Positionm 1 - Park Maintenance Supervisor (full-time) 1 - Park Maintenance Attendant (full-time) 1 - Park Maintenance Attendant (34 hours per week/no benefits) PrO_Dosed Positions 1 - Park Maintenance Supervisor (full-time) 1 - Park Maintenance Leadworker (full-time) 1 - Park Service Worker (full-time) 1 - Park Service Worker (34 hrs/week-no benefits except PERS) 1 - Building & Facilities Attendant (20 hrs/week-no benefits) 2 - Seasonal Golf Maint. Attendants (6 mo.-40 hrs/wk-no ben.) Approximate Increased Annual Costs (Including benefits and associated costs) Benefit Total Salary Cost* _~ Reclassification of Attendant to Leadworker (5% increase) Salary Range 31E to 33E $ 1,867 $ 444 $ 2,311 Park Service Worker Salary Range 24A $20,089 $10,052 $30,141 Reclassification of Park Maintenance Attendant to Park Service Worker (34 hours/week) ($1.50 per hour increase to $7.50 per hour) $ 2,453 $ 697 $ 3,150 Building & Facilities Attendant (20 hours/week) $11.88 per hour $12,180 $ 1,821 $14,001 Two six-month seasonal Golf Attendants (40 hrs/wk) $6.00 per hour $12.300 $ 1.839 $14.139 TOTAL COSTS: $48,889 $14,853 $63,742 *Benefit cost includes PERS, Group Insurance, Workers Compensation, Medicare, Unemployment, and FICA as applicable to the position 3: PER\CS. COSTS JOB DESCRI~ION Pi~KS ~II~]'I~EN~CE A'I~'I~E~~ DEFINITION Under general supervision, to perform semi-skilled and skilled work in the maintenance of parks, facilities, playground equipment, and other recreational and landscaped areas; and to do related work as assigned. EXAMPLES OF DUTIES (These examples are intended only as illustrations of the various types of work performed in positions allocated to this class. The examples of work performed are neither restricted to or all- encompassing of the duties to be performed under this job title.) (E=Essential Duty; M=Major Portion of Time) - Receive work assignment and independently maintain grounds, recre- ational facilities, and related areas. (E-M) - Plant, transplant, remove, fertilize, cultivate, water, and spray flowers, shrubs, and trees. - Participate in landscape construction. - Mow, trim, water, and fertilize lawns and other grass areas. (E,M) - Prune and spray trees. - Operate and maintain all types of mowers and turf maintenance equipment. (E) - Clean, paint, and perform repairs to park buildings and related facilities. - Operate trucks, power mowers, hedge clippers, and related grounds and park maintenance equipment. (E) - Perform preventative maintenance and minor repairs to assigned equipment. - Keep tools and equipment in clean and safe working condition. - Responds to emergency calls after normal duty hours. - Install and repair sprinkling systems and playground equipment. (E) - Maintain swimming pool facilities. - Maintain park restrooms and other park facilities, and empty trash receptacles. (E) - Work flexible hours, including weekends and holidays. (E) - Perform other related duties as assigned. QUALIFICATIONS Knowledge of: - Methods, tools, techniques, and supplies used in gardening and park maintenance work. - Basic characteristics of plant and tree pests and diseases and techniques for their control, including pesticides, herbicides, and their related spraying equipment. - Sprinkler design and installation. - Plant design and use. - Safe work practices. Ability to: - Perform a wide variety of park maintenance work without close supervision. - Use the hand and power tools and equipment required in general grounds maintenance work. - Read construction plans and specifications. - Perform heavy manual labor and lift up to 75 pounds. - Understand and carry out oral and written directions. - Establish and maintain cooperative relationships with those contacted in the course of work. - Work flexible hours, including weekends and holidays. - Accommodate outside work in extreme weather conditions. Experience: On~ year of experience in park, golf course, or other grounds keeping or related maintenance work preferred. Experience demonstrating mechanical aptitude preferred. Education' Completion of formal or informal education sufficient to assure the ability to read and write at the level required for successful job performance. Necessary_ Special Rec~irement: Possession of a valid Class C California Driver's License and the ability to work weekends are required. ( 3: RBCRUIT/PARK) JOB DESCRIPTION Pi~t~ K S 1~ ~1 ~ I 1~]'1~ E Ni~l~ C E r .R A]-)WORKER DEFINITION Under general supervision, to perform and lead a crew in semi-skilled and skilled work in the maintenance of parks, facilities, playground equipment, and other recreational and landscaped areas; and to do related work as assigned. EXAMPLES OF DUTIES (These examples are intended only as illustrations of the various types of work performed in positions allocated to this class. The examples of work performed are neither restricted to or all- encompassing of the duties to be performed under this job title.) (E=Essential Duty; M=Major Portion of Time) - Receive work assignment and lead a crew in maintaining grounds, recre- ational facilities, and related areas. (E-M) - Plant, transplant, remove, fertilize, cultivate, water, and spray flowers, shrubs, and trees. - Participate in landscape construction. - Mow, trim, water, and fertilize lawns and other grass areas. (E,M) - Prune and spray trees. - Operate and maintain all types of mowers and turf maintenance equipment. (E) - Clean, paint, and perform repairs to park buildings and related facilities. - Operate trucks, power mowers, hedge clippers, and related grounds and park maintenance equipment. (E) - Perform preventative maintenance and minor repairs to assigned equipment. - Keep tools and equipment in clean and safe working condition. - Respond to emergency calls after normal duty hours. - Install and repair sprinkling systems and playground equipment. (E) - Maintain swimming pool facilities. - Maintain park restrooms and other park facilities, and empty trash receptacles. (E) - Assist in the training and education of employees. (E) - Work flexible hours, including weekends and holidays. (E) - Perform other related duties as assigned. QUALIFICATIONS Knowledge of: - Methods, tools, techniques, and supplies used in gardening and park maintenance work. - Basic characteristics of plant and tree pests and diseases and techniques for their control, including pesticides, herbicides, and their related spraying equipment. - Sprinkler design and installation. - Plant design and use. - Safe work practices. - Supervision and training techniques. Ability to: - Perform a wide variety of park maintenance work without close supervision. - Lead a crew in a productive manner. - Use the hand and power tools and equipment required in general grounds maintenance work. - Read construction plans and specifications. - Perform heavy manual labor and lift up to 75 pounds. - Understand and carry out oral and written directions. - Establish and maintain cooperative relationships with those contacted in the course of work. - Work flexible hours, including weekends and holidays. - Accommodate outside work in extreme weather conditions. Experience: Three years of experience in park, golf course, or other grounds keeping or related maintenance work preferred. Experience demonstrating mechanical aptitude and supervision skills preferred. Education' Completion of formal or informal education sufficient to assure the ability to read and write at the level required for successful job performance. NeCessary_ Special Requirement- Possession of a valid Class C California Driver's License and the ability to work weekends are required. ( 3: R]~CRUIT/PARKLBAD) JOB DESCRIPTION S ERV I CE WORKER DEFINITION Under direct supervision, to perform semi-skilled and skilled work in the maintenance of parks, facilities, playground equipment, and other recreational and landscaped areas; and to do related work as assigned. RXAMPLE$ OF DUTIES (These examples are intended only as illustrations of the various types of work performed in positions allocated to this class. The examples of work performed are neither restricted to or all- encompassing of the duties to be performed under this job title.) (E=Essential Duty; M=Major Portion of Time) - Assist in the maintenance of grounds, recreational facilities, and related areas. (E-M) - Assist in the planting, transplanting, removing, fertilizing, cultivating, and watering of flowers, shrubs, and trees. (E-M) - Participate in landscape construction. - Mow, trim, water, and fertilize lawns and other grass areas. (E,M) - Assist in the pruning of trees. - Operate and maintain all types of mowers and turf maintenance equipment. (E) - Participate in cleaning, painting, and performing repairs to park buildings and related facilities. - Operate trucks, power mowers, hedge clippers, and related grounds and park maintenance equipment. (E) - Perform preventative maintenance and minor repairs to equipment. - Keep tools and equipment in clean and safe working condition. - Respond to emergency calls after normal duty hours. - Assist in the installation and repair of sprinkling systems and play- ground equipment. (E) - Maintain park restrooms and other park facilities, and empty trash receptacles. (E) - Work flexible hours, including weekends and holidays. (E) - Perform other related duties as assigned. QUALIFICATIONS KnowleOge of: - Methods, tools, techniques, and supplies used in gardening and park maintenance work. - Basic characteristics of plant and tree pests and diseases. - Sprinkler design and installation. - Plant design and use. - Safe work practices. Ability to: - Perform a wide variety of park maintenance work. - Use the hand and power tools and equipment required in general grounds maintenance work. - Perform heavy manual labor and lift up to 75 pounds. - Understand and carry out oral and written directions. - Establish and maintain cooperative relationships with those contacted in the course of work. - Work flexible hours, including weekends and holidays. - Accommodate outside work in extreme weather conditions. Experience- On~ year of experience in park, golf course, or other grounds keeping or related maintenance work preferred. Experience demonstrating mechanical aptitude preferred. Education' Completion of formal or informal education sufficient to assure the ability to read and write at the level required for successful job performance. Necessary_ Special Requirement- Possession ~f a valid Class C California Driver's License and the ability to work weekends are required. ( 3: RSCRUIT/PARKS~RV JOB DESCRIPTION BUILDINGS AND FACILITIES ATI'ENDANT (PART-TIME) DEFINITION Under general supervision, to perform semi-skilled and skilled construction, repair, and maintenance duties on various City buildings, facilities, and fixtures, including electrical, plumbing, painting, carpentry, masonry, and related mechanical tasks; and to perform related work as assigned. EXAMPLE OF DUTIES; These examples are intended only as illustrations of the various types of work performed in positions allocated to this class. The examples of work performed are neither restricted to or all-encompassing of the duties to be performed under this job title. (E) Essential Duty; (M) Major Portion of Time - Performs semi-skilled and skilled construction, repair, and maintenance work on City buildings and facilities. (E,M) - Performs routine carpentry, including sawing, routing, and jointing of wood. (E,M) - Locates problems and performs necessary repairs on malfunctioning equipment and fixtures. (E,M) - Installs and repairs electrical wiring, switches, outlets, light ballasts, light fixtures, and other electrical fixtures. (E,M) - Installs and repairs valves, faucets, and pipes, clears clogged drains, and performs other general plumbing maintenance and installation work. (E,M) - Performs heating and/or cooling system maintenance and repair work. (E,M) - Monitors and repairs routine wear or damage to City facilities. - Prepares regular written status reports as to the condition of various City facilities. (E) - Performs masonry, painting, and mechanical tasks as required. - Assists other departments with moving, repair, and replacement of office furniture and fixtures. - Installs, repairs, and rekeys locks on City facilities. - Estimates project costs and assists in the budget process. (E) - Performs heavy manual labor. (E) - Prepares reports and keeps records as assigned. - Remains on call to resolve difficult or urgent maintenance tasks. (E) - Works flexible hours. (E) - Performs other duties as assigned. Knowledge of: - Uniform Building, Plumbing, Electrical, and Fire Codes. - Modern building construction materials and their qualities as they relate to various codes and ordinances. - Tools, practices, and techniques used in the building and construction trades. - Building construction and repair practices and procedures. - Standard electrical practices, and the repair and installation of wiring, light fixtures, and a variety of other electrical fixtures. - Standard plumbing practices, and the installation and repair of plumbing fixtures. - Heating/air conditioning systems, masonry, painting, mechanical, and related trades. - Safe work practices. Ability to: - PerfOrm skilled construction, maintenance, and repair work. - Perform a variety of tasks as they relate to carpentry, electrical, plumbing, masonry, mechanical, and related trades. - Operate hand and power tools and equipment, and electrical testing equipment, requiring manual dexterity. - Understand and carry out oral and written directions. - Work without direct supervision. - Establish and maintain cooperative relationships with those contacted in the course of work. - Tolerate extreme changes in outside temperature from Winter to Summer, and tolerate dust, pollen, wind, and rain. - Climb on and off buildings, facilities, and structures and work at high levels as necessary. - Perform heavy manual labor and lift up to 75 pounds. - Estimate costs, labor, time, and materials, and keep accurate records. - Develop, interpret, and work from technical sketches, blueprints, and plans. - Work flexible hours. Experience; Three years of increasingly responsible construction experience. Contractor's License is desirable. Possession of a State of California Completion of formal or informal education sufficient to assure the ability to read and write at the level required for successful job performance. Ncq:es~ry_ Special Requirement: Possession of a valid Class C California Driver's license. 3:RECRUITxBLDG GENERAL FUND #100 IBud.qeted amounts: Beginning fund balance 7/1/95 Revenue budgeted Expenses budgeted Budgeted ending fund balance 6/30/96 $ 330,669 $ 5,720,423 $(5,993,240) $ 57,852 Adjustments made durin.q the fiscal year, Date Approved 9/20/95 9/20/95 9/20/95 9/2O/95 9/20/95 9/20/95 9/20/95 9/20/95 11/15/95 11/15/95 3/6/96 Pro 3/6/96 Pro Funding for Mendocino County Library Employee recognizion/Christmas party Transfer from General Fund Reserve Transfer from General Fund Reserve Legal council for Clean Water Act claim Legal council/litigation costs- investments Transfer from General Fund Reserve Transfer from General Fund Reserve Transfer to Solid Waste Disposal - Yardwaste disposal Franchise fee revenue - Solid Waste Systems Community Services restructuring - Parks Community Services restructuring - Building Maint Account No. 100.1945.690.003 $ 100.1001.690.003 $ 100.281.115 $ 100.281.115 $ 100.1401.250.000 $ 100.1401.250.000 $ 100.281.115 $ 100.281.115 $ 100.283.660 $ 100.0300.330.001 $ 100.6001 .XXX * $ 100.XXXX.XXX ** $ (22,955) (2,450) 22,955 2,450 (20,000) (270,000) 20,000 270,000 (9,700) 9,700 (8,901) (3,500) Revised ending fund balance 6/30/96 $ 45,451 * Various salary and benefit accounts ** Various salary and benefit accounts. Department is yet to be determined. 110 RESERVES.XLS 3/1/96 Page 1 Fund 100 GOLF ENTERPRISE - FUND #695 Beginning fund balance 7/1/95 Revenue budgeted Transfers budgeted In (Out) Expenses budgeted Budgeted ending fund balance 6/30/96 $ $ $ $ __ $ 3,037 444,700 . (473,011) (25,274~) Ad'ustments made durin the fiscal ear: Date Approved 3~6~96 Pro Seasonal Golf attendants - Wages 3~6~96 Pro Seasonal Golf attendants- Workers' Comp. Ins. 3~6~96 Pro Seasonal Golf attendants - Medicare 3~6~96 Pro Seasonal Golf attendants- Unemployment Ins. 3~6~96 Pro Seasonal Golf attendants - FICA Revised ending fund balance 6~30~96 .Account No. 695.6120.111 695.6120.152 695.6120.154 695.6120.155 695.6120.156 (3,075) (215) (45) (9) (191) RESERVES.XLS 3/1/96 Page 1 Fund 695 Item No. ].2b Date: March 6, 1996 AGENDA SUMMARY REPORT SUBJECT: Adoption of Resolution Authorizing the Mayor to Execute Amendment No. 2 to Contract No. 92-SAO -20058 between the City of Ukiah and the Western Area Power Administration REPORT: The City of Ukiah and the Western Area Power Administration entered into a Pdmary Contract on October 28, 1992. At that time, the January 3, 1989 General Power Contract Provisions were in effect. Westem has revised its General Power Contract Provisions effective August 15, 1995 and wishes to substitute these General Provisions in its Primary Contract with the City of Ukiah. Staff believes that these changes to the General Power Contract Provisions will not significantly impact the City of Ukiah's responsibility under the Contract. However, of importance to the City would be Article 37, which makes any successor organization to Western subject to the provisions and conditions of the Contract. With the possible sale of the Power Marketing Agencies, this could be very important to the City of Ukiah. Staff recommends approval of the Amendment No. 2 to Contract No. 92-SAO-20058. RECOMMENDED ACTION: Adopt Resolution Authorizing the Mayor to Execute Amendment No. 2 to Contract No. 92-SAO-20058 between the City of Ukiah and the Westem Area Power Administration. ALTERNATIVE COUNCIL POLICY OPTIONS: Do not adopt resolution. Citizen Advised: N/A Requested by: Prepared by: Coordinated with: Attachments: Darryl L. Barnes, Director of Public Utilities j~. ,/,,~.~,~_,, ~ Darryl L. Barnes, Director of Public Utilities Candace Horsley, City Manager 1) Resolution for adoption. 2) January 24, 1996 Department of Energy letter with contract amendments. APPROVED:.. ~c~ee~~~ ,A - ey, ~it1 Manager RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING MAYOR TO EXECUTE AMENDMENT NO. 2 TO WESTERN AREA POWER ADMINISTRATION CONTRACT NO. 92-SAO-20058 WHEREAS, on August 15, 1995 the Western Area Power Administration (WAPA) revised its General Power Contract Provisions; and WHEREAS, that action has affects the contract between the City of Ukiah and WAPA; and WHEREAS, the City desires to amend its contract with WAPA to reflect these changes. NOW THEREFORE, BE IT RESOLVED that the City of Ukiah City Council authorizes the Mayor to execute Amendment No. 2 to Western Contract No. 92-$AO- 20058 between the Western Area Power Administration and the City of Ukiah. THAT the City of Ukiah, a public entity established under the laws of the State of Califomia, hereby authorizes its agent to provide to the State Office of emergency services for all matters pertaining to such state disaster assistance the assurances and agreements required. PASSED AND ADOPTED this 6th day of March, 1996 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Fred Schneiter, Mayor Cathy McKay, City Clerk mfh.'excel WAPA2 Department of Energy Western Area Power Administration Sierra Nevada Region 114 Parkshore Drive Foisom, California 95630 Mr. Darryl L. Bames Public Utilities Director City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 jAi',~ ~ 4 l~Juo Dear Mr. Barnes: On August 15, 1995, the Western Area Power Administration revised its General Power Contract Provisions (GPCP). A copy of the revised GPCP and the GPCP applicable to Contract No. 92-SAO-20058 between Western and the City of Ukiah are enclosed for your review and comparison. The most recent revisions are summarized below: Article 1. Requires that the Contractor's member utilities must comply with Article 30, Responsibility for Hazardous Materials; Article 6. Allows for metering equipment to be furnished and maintained by Westem, the Contractor, or a Western-designated representative. Additionally, the equipment must be tested at least once each year, and again at any reasonable time upon request by either party to the Contract, a supplemental power supplier, transmission agent, or control area operator; Article 14. Discontinues the initial two percent late payment charge, but adds a twenty-five dollar ($25.00) administrative charge; Article 18. Necessitates the Contractor to identify the costs of firm electric power or energy supplied under its Contract to its customers and Westem only upon request; Article 30. A new article explaining responsibility for hazardous materials; and, Article 37. A new article making any successor organization to Western subject to the provisions and conditions of the Contract. Also enclosed are two copies of Amendment No. 2 to Contract No. 92-SAO-20058. IfUkiah would like to include the revised GPCP, and the terms and conditions of the Amendment are acceptable, please have the appropriate official sign and date both copies of the Amendment, have the signatures attested, apply the appropriate seal, and return both to Zola Jackson, Power Page 2 Marketing Manager, at this office by March 1, 1996. Upon signature by Westem, an executed original will be sent to you for your records. In light of the financial benefits to Ukiah and Westem's desire to achieve a consistent billing policy, effective March 1, 1996, Westem will apply Article 14 of the new GPCP to all future late payments regardless of an executed Amendment. If you have any questions regarding the above, please contact Sandee Peebles at (916) 353-4454. Sincerely, Enclosures James C. Feider Regional Manager Ie IIIe · 2. ~ of Service .......................................... 2 3. Use of Capacity or EnazVy in Excess of O:rd:rac~ Obligation .... 2 Corfc/nuity of Service 2-3 5. Mul~ple Points of Delivery ................................... 3 3-4 7. Ex/stance of ~~-~-~ion Servioe OmYcract ................... · 4 ~tic~s of ~{-~-q£c~ Service 4-5 9. Multiple Point~ of Delivery Involvir~ Direct and Transmi~ 10. Change of Rates ............................................... 6 Minimm Seas=~l or ~ Capacity ~ .................... 6 Bi.Uir~ a,~ mym~t ........................................... ~-? ~yment of Bills in Full t~en Due .......................... 7 Adjustments for Fractiorkal Billin~ Period ..................... 7 Adjustments for Curtailments to Firm Service .................. 7-8 IVo 17. * 18. 19. Resale of Firm Electric Service ............................... 8 Di~=dk~wci~ Principles ....................................... 8 O:ntxact Subject to Colorado River ~ct .................... 8-9 Ve 00 eoooeee®oeeooeoeoeoeeeeooeoeeoeeoeeooooe®eeeeoe 21. 22. 23 24. 25. 26. 27. 28. 29. * 30. ~%ixd-Party Use of Facilities ................................. 10 ~ to Western ~1 Facilities ......................... 10 M0dificat/ia~ of Western Facilities ............................ 10-11 ]%esp=mibility for ~hzardous Materials ........................ 12 31. 32. 33. 34. 35. 36. * 37. 38. 39. 40. 41. 42. 43. 44. 45. Effect of Secti~ _He_~!ngs .................................... 12 Unccrfcrollable Forces ......................................... 13 Liability [ [ [ [ 1~3 14 ~ti~ of ccrmracti~ Parties - . ' ~4 ............... : ....... ......... [ .... [.[...[...[.[.[-- ~ ~ ~~r~~ ........................ ~fic~ ~ ~ ~it ...................................... ~ of ~i~ ~r .......................................... Revised August 15, 1995. 5. Mu/tiDle POints of De!~iverv. ~hen electric service is supplied at or transmi~ to t~o or more points of delivery under the ~ rate schedule, said rate schedule shall apply separa~y to the service supplied at or transmitted to eac~ point of 4elivery; ~k~, ~tmt where the meter =~ngs are =~s~ sepazately, bmtwmen points of delivmzy such that duplicati~ of metered po~.r is pcesible, the meter remdings at each affected point of delivexy will be adj~ to cz~pensate f~r duplicatic~ of power 4=-~d recoxde~ by meters at 6.1. ~he total electric po~r and enmrgy supplied or transmitted matntaine~ by Western, a 4esignated rep~tive of Western, or by th, Curt=actor. ~ contza~r shall ensure that metar/r~ ~ furnisneU and ma/nra/ned by the Oontractor or another power supplier, as provided in Meters shall also be tested at any reasonable time upc~ request by either party hereto, a suppl~ power supplier, ~~ion a~_nt, or control responsible for meter ma/ntenmnoe. Meters fou~ with broken seals mb,~] 1 be tested for tampering and, if apprupriate, meter r~d/r~3s shall be adjusted by We~ter~ ~rsuarfc to Article 6.3 below. 6.3. Emoe~c as othexwise pr~v~ in Article 6.4 hereof, should any meter that is ~ by ~ for billing or other acoountin~ ~ fail to rs~~ a=m~ataly, th~ electric ~ and em~y sup~li~ or transmitted durir~ such period of failure to re~~ accuracy, shall, for 8.5. If Western not/fies the (~fcract~r that electric service provided for under the corfcract cannot be deliwexmd to the Cc~fcractor because of an ir~uffici~ of capacity available to ~ in the fa~Lliti~s of may term/hats service under the contract ~ not less than sixty (60) days' ceases to be available to Western, but not thermafter. 9. Mul~le Points~_ of De!iv-~_rv Involvinu Direct_ and Deliveries, ~ Western has provided line a~t substation capacity under the o~tract for the p=pose of 4eliverir~ electric service ~y to Contractor at specified direct points of delivery ard also has a~rmed to absorb transm/ssion service all~ or ~ for deliveries of energy over ~ sysU~(s) to hxtir~t points of d. livery and th. C~txactor shifts any of its lo~ds served u~ the contract fro~ direct ~_livery to available at the clirec~ delivery point~ affected is fUlly utilized. 10. Oor~tructic~l, ~tion, and Maint_~m~,_nce__ of ~~-~r's Power Svst~,~ _. 'lhe O:Ff~"acto= shall ar'~, if al~licahle, shall require, each of its the operation of the system of Western or its ~ion ag~rfcs over which a manner which will coordinate with the protective relayin~ and other tlrotsctive arrang~erfcs of the system(s) of Western or Western's trar~m/ssion agents. Western may reduce or ~ fur~~ servioes to the .......... ~ ~rmi~d ~ ~ to znuerzere slgn~lcarrcly unaer current or probable ~tic~s with any service .~ .fr~ u~ ~ ~ of ~ or rz~. u~ ~ sysu~ of a · 1on ag-hr of w~-t~m, such a r~uction or ~ of service _wiu .~ r~is~ t~ ox~aw~r of lisbility for any rain/mm ~ p=w~ liable in any manrp_r for any claims, clemar~-~, costs, losses, causes of action, damages, or liability of any k/nd or nature arisin~ out of or ~ctor's po~r sysU~. the sale or exuhar~m of electric power and energy, use of transm/ssic~ facilities, operatic~ and maintenance of electric facilities, and other informatic~ that either party rmquixms for billir~ p/rpcees. Net billing 14. Na~a~ of Bills in Full When Due. 14.1. BiUs .~ p~U in nn~ by U~ c=~r~= by U~ d~ date specified in Article 13 (Billin~ and Payment) hereof shall bear a charge of five hundredths percent (0.05%) of the principal sum ~ for each day Western will also assess a fee of t~-five dollars ($25.00) for processir~ late payment assessed c~ the principal and then to payment of the principal. refuse to remmm suah services so la~ as any part of the amourfc due remains unpaid. Such a 8{ _~t~-Ittmmance of service will not relieve the Ox~cractor of liability for ~ charges during the time service is so rem~es available to Western either by law or in equity, for the breach of any of the terms hereof. 15. Adjustments for Fractional Billina Peri~, Fo= a fractia~l part of a billing period at the be~~ or end of electric service, at the beg~ or end of irrigatio~ pum~ir~ service each year, a fractic~al billing period ~u~e~__r a ne~ rate schedule, ar~ for fractional periods due to wi~wals of electric servia, the demand or the ratio that the r~er of hours that electric service is available to the 16. ~~ for Q=tai~ to ~ Sea_vice. 16.1. Billing adjustments will be made if firm electric sezvice is ~ or reduced because of conditicrm cn the powmr system of the United States for periods of 1 hour or lc~3er in duratic~ each. Billing to a request by th~ ~ or a ' ' of electric service by Western lmz~aallt to Article 14 (Nonl~yment of Bills In Full ~tlen Due). For purpo~s of billing adjusU~nts under this Article, the term po~r system of the United States shall include transmissic~ facilities used ur~_r cc~cract 'Revised Aucjust 15, 1995. of electrics/ ~ to b~ deliv~ by Western to the Oa~race~r under, the 20. Design A~x=oval, All facilities, oonstruction, and installation by the ~a=~uant to the c=~cract shall be subject to the ap~x~wal of Westarn. Facilities interco~ctions shall normally c~%f~ to Western's current ~ Raquir. m~Xs for ~on,,, in effect upon the signin~ of the co~=rac~ 4ocumm~ provi~ for each int~rc=~=ion, copies of ~ich are available from Western. At least ninety (90) days, unless otherwise agreed, ~ an obligation to pur~m~se facilities to be installed ~xm-suant to the ~ of W~_rn, d~-~led designs, ~Wzr~s, and specifications of the facilities the (krfcz-actor proposes to pur~m~e, construct, ar~ install. ~ctor assumes all risks for ~'on _~e~_ _~ or obligations to pt~r~has~ facilities incurred prior to reoeipt of ap~ frum Western. Western r. view and approval of designs and o=~cruction work in no way implies that Western is certifying that the designs ~ the O0~fcractor's 2:1. Insoection and ~f~ce, Western, shall be replaced or modified, as dirmcted by Western, at the sole expense of the C0~tractor before the new facilities are energia. 22. As-Built Dxaw~. Within a r~msc~lable time, as ~ by Western, after the o0~pl~on of construction ar~ installation of facilities l:ursuant to the co~cra~c, the Contractor sb~l ~t to Western marked as-built pr/nts of re~x~ucible drawin~ the Oontra~r b~ pre$~ed ~ facilities of Western. ~%e O0~:ract~r's drawings of Western facilities shall use drawing title blocks, dzaw~ numbers, and shall be prepa~ in ac~ with or c=ml01ete said drawings and bill the ~ontractor if the Omfcractor fails to provide such drawings to Western within a reasonable time as ~-t~rmined by Western. necessary, to om%fonm to the new facilities arrang~ts. 27. 'Ik'a..-,~m.g~sion Rights. If the c~:ract involves an installatio~ ~hi~h sectioD~l izes a westin transmission lin~, th. c~actor hereby ~ to ~ovido a trarmmission path to Western across such sectiom'~lizing facilities at no cost or expense to Western. Said transmission path shall be at least equal, in 28.1. ~he O0~tractor hereby acknowl~ that it is aware of the ~-~ds irbarm~ in high-volta]e electric lines ar~ substations, and hereby assumes full ~ibility at all times for the adoption ar~ use of re~la~, or ~ activities of the Om~c~or pursuant to the ccrf~ract. ~ Co~cractor and the author~ employees, agents, and ~rs of the O~f~ractor shall oc~ply with all applicable safety laws ~," and "Power System .Clearance Pxuoedur~s" in effect upon the' sign/rg of the co~tract; ~, That, in lieu of the safety program rmquir~d ~, the Contractor may prov~ sufficient information to ~k~0~-trate that the Cu~cractor's safety program is satisfactory to the United States. 28.2. ~ Contractor and its a~ised employees, ~, and subcontractors shall familiarize themselves with the location and d~~ of all the transmission facilities of Western and interc~m~cti~ of others relating .to the work performed by the Oa~zactor under the ~ct. Prior sba l 1 su~mit a plan of prooedur~ to Western whic~ shall indicate the sequence and method of perform(rg the work in a safe mnner. No work s~ll be 28.3. At all times ~ the Oontra=, its e~l~, ~,or subcontractors are ~erfo~ activities of any type pursuant to the o0~tract, such activities shall be under supervision of a qualified employee, agent, or subco~ra~r of the Contractor who shall be authorized to represent the Cc~fcractur in all matters pertaining to the activity beirg performed. The Ozmractor and Western will kee~ each other informed of the names of their designated representatives at the site. 28.4. Upon c~letion of its ~ork, the C=~ractor sl~ll re~uve fx=m the vicinity of the right-of-way of the United States all buil~, failure to do so the same may be removed by Western at the expense of the O0~:ractor. ~oessary, to cxa%fcxm to the .new facilities 27. ~__ {~i~ P/ohts. If the cc~:r~ct involves an installation ~hi~ secti~l izes a ~ transmission lin~, tbe O~tzact~r h~reby ~ to provide a transmission path to Western across such sectio~l izir~ facilities at no cost 28.1. ~e O~fcractor hereb~ acknowl~ that it is aware of the hazards ~ in high-voltage electric lines a~ substations, and her~kN assumes full responsibility at all times for the adoption and use of re~la~, or re~v~ activities of the ~ puz~uant to the subco~fc~act~xs of the C~fcrm=t~r shall om~ly with all applicable safety laws and building and o0~struction codes, includir~ the provisions of Western's Star~az~s," and "Power ~ Clearanoe Pr~oedx~e~n in effect ~ the signin~ of the cc~cract; ~, That, in lieu of the safety prugram re~H~ herein, the (ka~ractor may provide sufficient infcxmation to demm~-trate that the Co~f~zactor's safety program is satisfactory to the Unite~ States. of all the t~-ansm/s~ion facilities of Western an~ /nterc~m~ecticns of others r~/atir~ .to the ~ork performed by the C0~cractor un,er the contract.. Prior sk~ll ~,~t a plan of px~csdur~ to Western ~hi~h sb~4! ind/cate the sequence and method of perfozmir~ the ~rk in a safe ~er. No ~ sb~ll be 28.3. At all t/roes when the C0~fc~a~r, its employees, a~mnts,or ~ are perf~ activities of any type puz~ma~t to the cc~crm=t, such activities sbal 1 be ~ supervision of a qualified em~l~, a~ent, or su~:ontrmctor of the Ox~rac~or ~ho sb~l~ be authorized to names of their designated representatives at the site. 28.4. Upc~ c~letion of its ~ork, the C~=act~r shall rexwe from the vicinity of the right-of-way of the United States all buildir~3s, the Oxfcz-~-Tz~= or used under the Oontractor's direction, and in the event of failure to do so the same may be ~ by Western at the ~ of the Co,tracer. to be foll~ in the perf~ o~ the amtract. 34. Uncontrollable Foroes, Neither party to the contra~ shall be ams~ to be in default in l~-rf~ of any of its obligatiam under the ccefcxact, e0coept to rake ~ as s~cifieu in Article 13 (Bi.U.t~ arU PaydaY) ~, w~n a f~41ure of perf~nce sk~ll be due to an ~llable fcxce. ~he term "unaxfcrollable force" means any cause beymd the =mt~l of the party affected, incl~ but not restricted to, failure of or threat of failure of civil disturbance or disobedience, labor dispute, labor or material shoxtage, ~hich by exarcise of due diligence it shall be unable to ~. Nothir~ strike or labar d/spute in ~hich it may be involved. Either party rendered unable to fulfill any of its obligaticrm under the ccsfcz~ct by reasc~ of an u~axfcro]]able force shall give ~ written notic~ of such fact to the all ~h_le 35. 35.1 ~he (~r hereby agrees to ~ and hold harmless the UniM Sta~, its empl~, agents, or o~fcractcxs, fran any loss or damage and frc~ any liability cn accamt of persc~al injury, death, of any nature ~tm~ and by ~msoever made arisir~ out of the Oo~fcractor's, its employees', agents', or subomfcr-~ctz~s,, cc~structicm, 35.2 ']he United States ~s liable only for negli~ at the part of its officers ard employees in accordarce with the Federal Tort Cla/~ Act, 36. O~m~_ration Of ~ctir~ Parties. If, in the operation and maintenanom of the/r respective power syst_ ~,~ or electrical equil~erfc and the utilization ~f for the purposes of the oxd=act, it becalm necessary by reason of any emxuency or 13 co~c/nu~ perf~ of the United States ubligatio~s under the o~fcract. United.States from its om~czmctual obliga~ ar~ frc~ all liability due to the failure of C0~jx~s to make such ~iation. 41. Officials Not to BeDefit. oc~strued to extend to the ~ct if made with a corporation or ~ for its gemral bm~it. 42. Co%~nant A~a_ inst (kxfc~ Fe~. ~e Om~xactor warrants that no perso~ or selling agmncy b~-~ been employed or retained to solicit or secure the czntract u~on an agrm~nt or understandir~ for a cc~mission, peruentage, brokerage, or c~Ju~ent fee, e~egting bc~a fide employees or bona fide establ~ ~ial or selling agencies mainta/ned by the Oontractor for the purpose of securing business. For breach or violation of this wazl-anty, Western shall have the right to anm~ the c=~tract without liability or in its ~ to deduct from the o0~:ract prioe or co~sidezation the full amount of such _~-~~ion, The omYczact, to the extent that it is of a c~%~wcer specified in Section 103 of the C=~czact Work Hours and Safety Standards Act (Act), 40 U.S.C.A. {329 (1986), is su~ect to the px~isic~s of the Act, 40 O.S.C.A. { {327-333 (1986), ar~ tO regulations prc~m/lgated by the Secr~:a~y of Iabor Section 202 of Executive ~ No. 11246, 43 Fed. ~s~. 46501 (~97S), ~ich pr~~, among other things, that the Co~a-~=tor will not discriminate a~ainst any ~loyee or appli~ for em~l~ because of race, color, religion, sex, or national origin, is i~c~$~ra~ by ref~ 45. Use of (kx~ict Labor. U.S.C. 4082(c) (2) ar~ Ex~o/tive Order 11-755, Deoe~b~T 29, 1973. 15 Effectiv~ 3anuary 3, 1989 I · WESTERN AREA PU,~R ~STRATIC~ GENERAL PC~ER CC~FfRACT PBOVISI~ PAGE APPLI~r~ .T'I'~. 1. Auplicability .............................................. 2 II. EEL/VE~ OF SERVICE P~OVISIC~S. 2. Character of Service · 2 3. Usa of Capacity or Energy in Excess of Contract Obligation .... 2 4. Continuity of Service ......................................... 2-3 5. Multiple Points of Delivery ................................... 3 6. Metering ...................................................... 3-4 7. Existence of Transmission Service Contract .................... 4 8. Conditions of Transmission Service ............................ 4-5 9. Multiple Points of Delivery Involving Direct and Transmitted Deliveries .................................................... 5 10. Construction, Operation, and Maintenance of Contractor's Po~er Syst~ .................................................. 5 III. RATES, B~z.r~G, A~D PAXMENT PRDVISIC~. 11. 12. 13. 14. 15. 16. Change of Rates ............................................... 6 Min/mum Seasonal or Annual Capacity Charge .................... 6 Billing and Payment ........................................... 6-7 Nonpayment of Bills in Full When Due .......................... 7 Adjustments for Fractional Billing Period ..................... 7 Adjustments for Curtailments to FL~n Service .................. 7-8 IVe PO~ER 17. 18. SAT~ PRDVISI~. Resale of Fi=m Electric Service ............................... 8 Contract Subject to Colorado River Cc~ct .................... 8 Ve F~l~.VTrm~ P~OVISI(~S. 19. Design Approval ............................................... 9 20. 21. 22. 23. 24. 25. 26. 27. Inspection and Acceptance ..................................... 9 As-Built Drawings ............................................. 9 Equitm~ent Ownership Markers ................................... 9-10 Third-Party Use of Facilities .................................. 10 Changes to Western Control Facili%ies ......................... 10 FDdification of Western Facilities ............................ 10 Transmission Rights ........................................... 11 Construction and Safety Procedures ............................ 11-12 Vie * 28. 29. 30. 31. 32. * 33. 34. 35. 36. 37. 38. 39. 40. * 41. * 42. 43. P~YgISI(~. Authorized Representatives of the Parties ..................... 12 Effect of Section Head/rigs .................................... 12 Operating Guidelines and Proc~ ........................... 12 UnconT~x>llable Forces ......................................... 12-13 Liability ..................................................... 13 Env~ntal C~mpliance ...................................... 13 Cooperation of Contracting Parties ............ · ................ 13 Transfer of Interest in Contract by Contractor ................ 14 Waivers ...................................... -' 14 Notices ....................................................... 14 Contingent Upon Appropriations ................................ 14 Officials Not to Benefit ...................................... 14 ~t Acjainst Con~.ingen~ Fees .............................. 15 Contract Work Nmars and Safety St, m-~rds ...................... 15 Equal Opportunity Employment Practices ........................ 15 Use of Convict Labor .......................................... 15 * ]:~=~.~d J~Dl,a~ 3, 1989. Effective January 3, 1989 WESTERN AREA PC~ER A~NISTRATIC~ C4~=RAL ~ CC~Ff~%CT PROVISICt~ 1. ~A~plicability. 1.1. These General Po~_r Contract Provisions shall be a part of the contract to which they are attac..~. These provisions set forth ~al conditions applicable to the contract. Specific tenms set forth in the contract have precedence over any provision herein. 1.2. If the Contractor b~ member utilities which are either chtrectly or ~tly receiving benefits frcm the contract, then the Contractor shall requLre such m~bers to ccmply with the General Power Contract Provisions, Articles 10, 17, 18, 33, 34, 41, 42, and 43. II. _r~.~ CF SERVICE P~OVISI(]~S. 2. C~aracter of Service. Electric energy supplied or transmitted under the contract will be three-phase, alternating current, at a ncm%tnal frequency of sixty (60) hertz (cycles per second). 3. _Use of Capacity or Energy im Excess of Contract Obliqation. The Contractor is not entitled to use Federal power, energy, or capacity in amounts greater than the Western contract delivery obligation in effect for each type of service provided for in the contract except with the approval of the Contracting Officer. Unauthorized cvs-runs of contract delivery obligations shall be subject to charges specified in the contract or the applicable rate schedules. Ovmrmms shall not establish any continuing right thereto and the Contractor shall cease any overruns when requested by the Contracting Officer, or in the case of authorized cvs-runs, when the approval expires, whic~ occurs first. Nothing in ~ contract shall obligate Western to increase any delia, fy obligation. If additional p(m~_r,ene , or capacity is not available frctn Western, the responsibility for securing additional pcb_r, energy, or capacity shall rest wholly with the Contractor. 4. Continuity of Service. _ Electric service will be supplied or transmitted continuously except for: (1) fluctuations, interzuptions, or reductions due to uncon~llable forces, as defined in Article 31 herein, (2) fluctuations, interruptions, or z~ductions due to operation of devices installed for pc~r syst~ protection; and (3) temporary fluctuations, interruptions, or reductions, wh/ch, in the opinion of the party supplying the service, are ~ 6.4... If acceptable inspections and tests of a meter ~ by Western zor b~ll~ng or other accounting purposes disclose an error exceeding t~D percent (2%), then co~Tection based upon the inaccuracy found shall be made of ~ records of services furnished during the period that such inaccuracy has existed as dete=mir~d by the Contracting Off£cer; ~5~__~, That if such period of inaccuracy cannot be detez~/ned, correction shall be made for the period beginning with the monthly billing period in~ediately preceding the billing period during which the test was made. 6.5. Any correction in billing resulting frcm correction in meter records shall non,ally be made in the ~ monthly bill r~e_red by W~.s. te.rn .to _the Con. tr..actor. Payment of such bill shall constitute full 7. Existence of Tran~ssion ~ervice Contract If the contract provides for Western to fttrnish services using the facilities of a third party, the obligation of Western shall be subject to and contingent upon the existence of a transmission service contract granting Western rights to use such facilities. If Western acquires or constructs facilities which would e~ble it to furnish d~ect service to the Contractor, Western, at its option, may furnish service over its own facilities. 8. Conditions of Transmission ~ervice. 8.1. When the electric service under the contract is furnis~ by Western over the facilities of others by virtue of a transmission service arrangement, the po~_r and energy will be furnis~ at the voltage available and under the conditions which exist frcm time to time on the transmission syst~ over wkich the service is supplied. * 8.2. Unless otherwise provided in the contract or attached rate schedule, the Contractor shall maintain a power factor at each point of delivery frc~ Western's transmission agent as rmquir~d by the transmission agent. 8.3. Western will endeavor to infozm the Contractor from time to time of any changes contemplated on the syst~n over which the service is supplied, but the costs of any changes made necessary in the Contractor's syst~ because of changes or conditions on t. he sys~ over which the service is supplied shall not be a charge against or a liability of Western. 8.4. If the Contractor, because of chanqes or conditions on the syst~ over which service under the contract is supplied, is rmquiz~d to make changes on its syst~n at its own expense in order to con,blue receiving the contract upon not less than sixty (60) days' written notice given to the Contracting Officer prior to making such changes, but not thereafter. * ~evisedJanuary 3, 1989. III. RAT~S, BILLI]~, A~J PAYM~ P~IC~. 11. Cha~ of Rates. Rates applicable under the contract shall be subject uc chang~ by Western in accordance wi~h appropriate rate adjustment proc~s. If at any time nhe United States prcmulgates a rate changing a rate then in effect under the contract, it will promptly noti~ the Contractor ther~Df. Rates shall becc~e effective as to the contract as of the effective date of such rate. The Contractor, by written notice to the Contracting Officer within ninety (90) days after the effective date of a rate change, may elect to tennLnate the service billed by Western under t~ new rate. Said termination shall be effective on the last day of the billing period requested by the Contractor not later than two (2) y~3rs after the effective date of the new rate. Service provided by Western shall be paid for at the new rate r~ess of whether the Contractor exerci~ the option to terminate service. 12. Min/mum Seasonal or Annual C~._~_cit7 Cboe. When the rate in effect under the contract provides for a minimum seasonal or annual capacity charge, a stat~mment of the n%tnimum capacity charg~ due, if any, shall be included in the bill r~red for service for the last billing period of ~ service season or contract y~ar as appropriate, adjusted for inches or decreases in the contract rate of delivery and for the number of billing periods during the ~ or season in which service is not provided. Where multiple points of delivery are involved and the contract rate of delivery is stated to be a maxinum aggregate rate of delivery for all points, in detezmining the mininum seasonal or annual capacity charge due, if any, the monthly capacity charges at the individual points of delivery shall be added together. 13. Billin_q and payment. 13.1. Western will issue bills to the Contractor for service furnished during the preceding month within ten (10) days after the end of the billing period. 13.2. If Western is unable to issue a timely monthly bill, it may elect to render an estimated bill for that month to be followed by the final bill. Such estimated bill shall be subject to the same payment provisions as a final bill. 13.3. Payments are due and payable by the Contractor before the close of busimess on the twentieth (20%h) calendar day after the date of is~nce of each bill or the next business day thereafter if said day is a Saturday, Sunday, or Federal holiday. Bills shall be consi~ paid when payment is z~cei~ by Western; ProviZ, That payments z~cei~ by mail will be accepted as timely ar~ without assessment of %he charg~ provided for in Article 14 if a United States Post Office first class mail postmark indicates the payment was mailed at least three (3) cai _en~ days before the due date. 16.2. service in any billing ~t~.tal..number of hours e~ch of hours of · - ~ ~ ~ ~ch n~r of ~ , .... o_ ~~ of ~ u~ ~ct, for el~ic ~ el~ic . ,~ o~ ~~ at ~ ~ice ~te~ ratio i~.3. ~ ~ af~ ~eivi~ ~- _ S~l ~ ~i~t of ~7~~ ~ ~n~v b~,- ~it~ · ~ e~ · ~ ~ for ~J~~t on ac ...... 30 ~atson ~ch, ~1~ ~~c ~i~, such ~it~n cla~, ~t ~~ ~ S~d bill. s~ll co~titute a ~i~r of Said cla~. ~ice, ~ch ~ ~e ~ co~tio~ on ~ ~~~ of el~ic S~tes, S~l ~ s~j~t to ~ P~isio~ of ~ ~~ of ~ ~t~ wi~~l of ~r ~ ~~ ~r ~ con~a~ S~l ~t ~ ~i~ a ~i~t of el~ic ~ice. 17. . ~ ~n~ac~r S~ll ~t ~11 ~ 'f~ el~ic ~ or S~li~ ~ ~ ~n~t ~ ~ el~ic ~~actor for ~~e ~ ~t utility ~n~a~r ~y ~11 ~ el~ic ~ con~act to i~ ~ on coition ~t Said ~r ~ ~~ to ~ ~~r of ~ ~t ~11 ~ of S~d 18. ~~t ~n ~_~_=_ _~r for ~e ~ ~t ~~r. ~ ~u ~ ~ct. of ~ ~~ ~ co~ti~ ~ _ . . ~~ ~~, ~ ~= con~t s~=~ =- - wl~ ~ ~~. _ ~~act ~ ~=~ ~ ~t~ ] ~ ~ ~n ~t ~t ~ion 13(a) of ~ ~~r ~n ~j~ ~ of S~t. 1057) ~ ~ ~~ ~ ~ ~~~ ~~t, ~ .... ~1~~ ~? S~i ~ ~~, lS2S, (45 ~ch el~-., ~ati~ of ~ ~'~ ~ ~ ~n.__~ ~uzo~ o~ el---= _ . ~, ~~ion ~, · ~n~a~r 22.2. If requested by the Contractor, Western shall identify all movable equivalent and, to the extent a~ upon by the parties, all other salvag~k%ble facilities constructed or installed on %he Contractor' s right-of-way or in the Contractor's substations pursuant to the contract which are owned by the United States, by pezmanently a~f~ing thereto suitable markers clearly identifying the Un/ted States as t3~ owner of said equi~x~ent and facilities. 23. ThLrd-P~y Use of F~cilitie$. Tb~ Contractor shall notify Western of any proposed syste~ chang~ relating to the facilities govmrned by ~ conr. ract or allowing third-~y use of the facilities ~rned by the contract. If Wes~ notifies the Contractor that said sys~ chang~ will, as solely de~n~tned by the Contracting Officer, adversely affect ~ operation of West's sy~ the Contractor shall, at no cost to Western, provide a solution to said adverse effect acceptable to Western. 24. Changes to Western ~ontrol Facilities. If at any time during the tenn of the contract, the Contracting Officer determines that changes or additions to control, relay, or ccm~unications facilities are necessary tm maintain the reliability or control of Western's transmission syst~n, and said changes or additions are entirely or partially required because of %he Contractor's equipment installed under the contract, such changes or additions shall, after consultation with the Contractor, be made by Western with all costs or a proportionate share of all costs, as de%ermined by the Contracting Officer, to be paid by t~he Contractor. The Contracting Officer shall notify the Contractor in writing of the necessary changes or additions and the estimated costs to be paid by the Contractor. If the Contractor fails to pay its share of said estimated costs, the Contracting Officer shall have the right, after giving sixty (60) days' written notice to t. he Contractor, to tenninate the applicable facility installation provisions of %ne contract and require the re~al of the Contractor's facilities. 25. M~/ification ofWestern Facilities. Western reserves the right, at any time, to modify its facilities. ~k~steln% shall keep the Contractor info~ of all planned modifications to Western facilities wh/ch impact ~he facilities installation pursuant to the contract. ~estern shall pennit ~he Contractor to change or m~dify its facilities, in a manner satisfactory to and at no cost or expense to West, to retain the facilities inT~.zTonnection pursuant to the contract. At ~ Contractor's option, Western shall cooperate with the ContracTor in planning alternate arrangements for sexvice which shall be implemented at no cost or expense to Western. The Contractor and Western shall modify the contract, as necessary, to confox~n to the new facilities 10 27.5. In the event the Contractor, its ~pl~, agents, or subcontractors fail to cc~01y with any provision of this article, or Article 20 (Inspection and Acceptance) herein, t~e Contracting Officer or an au~.riz~d representative may issue an order to stop all or a~.~- part of the ~rk until such time as the Contractor ~nstrates ccmpliz~nce with the provision at issue. The Contractor, its empl~~, agents, or subcon~_ractors shall make no claim for ccmpensation or damages resulting frown such ',~rk stoppage. * 28. Authorized Representative_s of the ~ties. Each party to the contract, by written notice to the other, shall designate the r~p~entative(s) who is (are) authorized to act in its behalf with respect to those matters contained in the contract which are the functions and responsibilities of the authorized r~p~tatives of the par~ies. Each party may change the designation of its authorized representative(s) upon oral notice given to the other, conf~ prc~ptly by written notice. 29. Effect of ~ect$on Headings. Section headings or article titles appearing in the contract or these General Power Contract Provisions are ~ for convenience only and shall not be construed as interpretations of text. 30. _0~erating Guidelines and The parties to the contract may agree upon and put into effect from time to time, such other written guidelines and procedures as may be r~quired in order to establish the methods of operation of the pc~_r sy~t~ to be followed in the perfozmance of the contract. 31. Uncontrollable Forces. Neither par~y to the contract shall be consi~ to be in default in perfox~~ of any of its obligations under the contract, except to make payment as specified in ArT/cle 13 (Billing and Payment) ~mrein, when a failure of perfozmance shall be due to an 'ur~ontrollable force. The term "uncontrollable force" means any cause beyond the control of the party affected, incl~~ but not restricted to, failure of or threat of failure of facili%ies, flood, ear,quake, stozm, fire, lightnir~, epidenic, war, riot, civil disturbance or disc~edie~=e, labor d/spute, labor or material shortage, sabotage, restraint by cour~ order or public authority and action or nonaction by, or failure ~o obtain ~he necessary authorizations or approvals fr~,, any ~:NmzT~ental agency or authority, which by ex~rcise of due diligence such party could not reasonably have been expected to avoid and which by exercise of due diligence it shall be ur~hle to overcc~. Nothing contained herein shall be construed to require a party to settle any * BevisedJanuary 3, 1989. 12 35. Transfer of Interest in Contract by_ Co~tractor. No voluntary transfer of the contract or of the riohts of Contra~.'mr under the contract shall be made without the wrj~ ~,.~', approval of the Ac~'._hrustrator of Western; ~__i__de~_, That if the Contr~ t~'~r operates a project fLnar~ed in whole or in part by the Rural ki~trification Admin/s,u-at~on, the Contractor may transfer or assign its i,',:~rest in the contract ~ the Rural Electrification Administration or any other department or agency of the Federal Gov~rr~ent without such written ~al; _Provided further, That any successor to or assi~ of the rights of the Contractor, whether by voluntary transfer, judicial sale, foreclosure sale, or o%~_rwise, shall be subject to all the provisions and conditions of the contract to the same extent as though such successor or assignee w~re the original Contractor under the contract; and, Provided further, That the execution of a mortgage or trust d~cd, or judicial or foreclosure sales made thereunder, shall not be ~ voluntary transfers within the meaning of this article. 36. Waivers. Any waivers at any time by either party to the contract of its rights with respect to a default or any other matter arising ~ or in connection with the contract shall not be ~ a waiver with respect to any subsequent default or matter. 37. Notices. Any notice, d~m%~%d, or request requf~ed by the contract or the provisions of these articles to be in writing shall be considered properly given when delivered in person, or sent by either reg~~ or certified mail, postag~ prepaid, or prepaid .telegram addressed to each party's aur~horized representative at the principal offices of the party. The designation of the person to be notified may be changed at any time by similar notice. 38. Contingent ~Don Appropriations. Where activities provided for in the contract extend beyond the current fiscal year, continued expermiitures by the United States are contingent upon Congress making the r~cessary appropriations reqL~tr~d for the continued perfozmance of the United States obligations under the contract. In case such appropriation is not made, t~ Contractor hereby releases the United States from its contractual obligations and from all liability due to the failure of Congress to make such appropriation. 39. Officials NOt to ~enefit. No m~ber of or delegate to Congress or Besident Ccemissioner sb~ll be admitted to any share or part of ~ contract or to any benefit that may have arisen from the contract, but this restriction shall not be construed to ~ to the contract if made with a corporation or ccmpany for its general benefit. 14 Amendment No. 2 to Contract No. 92-SAO-20058 UNITED STATES DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION CENTRAL VALLEY PROJECT, CALIFORNIA AMENDMENT NO. 2 TO THE CONTRACT FOR ELECTRIC SERVICE WITH THE CITY OF UKIAH Amendment No. 2 to Contract No. 92-SAO-20058 UNITED STATES DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION CENTRAL VALLEY PROJECT, CALIFORNIA AMENDMENT NO. 2 TO THE CONTRACT FOR ELECTRIC SERVICE WITH THE CITY OF UKIAH Section Table of Contents Paee le 2. 3. 4. 5. e PREAMBLE ..................................................... 1 RECITALS ....................................................... 1 AGREEMENT .................................................... 1 TERM OF AMENDMENT .......................................... 2 MODIFICATION TO SECTION 15 OF THE PRIMARY CONTRACT ......................................... 2 PRIMARY CONTRACT TO REMAIN IN EFFECT ...................... 2 RESOLUTION GENERAL POWER CONTRACT PROVISIONS [August 15, 1995] $ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Amendment No. 2 to Contract No. 92-SAO-20058 UNITED STATES DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION CENTRAL VALLEY PROJECT, CALIFORNIA AMENDMENT NO. 2 TO THE CONTRACT FOR ELECTRIC SERVICE WITH THE CITY OF UKIAH 1. PREAMBLE: This Amendment to Contract No. 92-SAO-20058 (Primary Contract) is made this day of ., 19__, between the UNITED STATES OF AMERICA, Western Area Power Administration (Western) and the CITY OF UKIAH (Ukiah), also hereinat~er referred to individually as Party and together as Parties, pursuant to the same authorities as the Primary Contract. e RECITALS: 2.1 Western and Ukiah entered into the Primary Contract on October 28, 1992. At that time, the January 3, 1989 General Power Contract Provisions (GPCP) were effective. 2.2 Western has revised its GPCP effective August 15, 1995, and wishes to substitute these GPCP for the January 3, 1989 GPCP in its Primary Contract with Ukiah. 2.3 Ukiah also wishes to substitute the revised GPCP for the January 3, 1989 GPCP. 3. AGREEMENT: The Parties agree to the terms and conditions set forth herein. Amendment No. 2 to Con~xact No. 92-SAO-20058 1 2 3 4 5 6 7 $ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. TERM OF AMENDMENT: This Amendment shall become effective upon execution, but no earlier than March 1, 1996, and shall remain in effect concurrently with the Primary Contract. 5. MODIFICATION TO SECTION 15 OF THE PRIMARY CONTRACT: Section 15 of the Primary Contract is hereby deleted, and the following substituted therefor: "15. GENERAL POWER CONTRACT PROVISIONS: The General Power Contract Provisions, effective August 15, 1995, attached hereto, are hereby made a part of this Contract, the same as if they had been expressly set forth herein." 6. PRIMARY CONTRACT TO REMAIN IN EFFECT: Except as expressly modified by this Amendment, said Primary Contract shall remain in full force and effect; and this Amendment shall be subject to all provisions of the Primary Contract, except as herein amended. Amendment No. 2 to Contract No. 92-SAO-20058 1 3 5 6 ? $ 9 10 11 12 13 14 15 16 17 18 19 20 21 23 25 26 25 IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed the day and year first above written. WESTERN AREA POWER ADMINISTRATION By: Title: Address: Regional M_a_n_a_~er 114 Parkshore Drive Folsom. California 95630 CITY OF UKIAH By: Title: Address: Amendment No. 2 to Contract No. 92-SAO-20058 3 Amendment No. 2 to Contract No. 92-SAO-20058 City of Ukiah RESOLUTION NO. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF UKIAH That this Board hereby authorized the ., or other designee, to execute this document with the Western Area Power Administration entitled Amendment No. 2 to Western Contract No. 92-SAO-20058. Adopted: Amendment No. 2 to Contract No. 92-SAO-20058 City of Ukiah RESOLUTION NO. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF UKIAH That this Board hereby authorized the , or other designee, to execute this document with the Western Area Power Administration entitled Amendment No. 2 to Western Contract No. 92-SAO-20058. Adopted: Amendment No. 2 to Contract No. 92-SAO-20058 UNITED STATES DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION CENTRAL VALLEY PROJECT, CALIFORNIA AMENDMENT NO. 2 TO THE CONTRACT FOR ELECTRIC SERVICE WITH THE CITY OF UKIAH Amendment No. 2 to Contract No. 92-SAO-20058 UNITED STATES DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION CENTRAL VALLEY PROJECT, CALIFORNIA AMENDMENT NO. 2 TO THE CONTRACT FOR ELECTRIC SERVICE WITH THE CITY OF UKIAH Section Table of Content~ Paee le 2. 3. 4. 5. . PREAMBLE ..................................................... 1 RECITALS ...................................................... 1 AGREEMENT .................................................... 1 TERM OF AMENDMENT .......................................... 2 MODIFICATION TO SECTION 15 OF THE PRIMARY CONTRACT ......................................... 2 PRIMARY CONTRACT TO REMAIN IN EFFECT ...................... 2 RESOLUTION GENERAL POWER CONTRACT PROVISIONS [August 15, 1995] 1 2 5 6 ? 8 9 10 11 13 14 15 16 17 18 19 2O 21 22 25 26 27 28 Amendment No. 2 to Contract No. 92-SAO-20058 UNITED STATES DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION CENTRAL VALLEY PROJECT, CALIFORNIA AMENDMENT NO. 2 TO THE CONTRACT FOR ELECTRIC SERVICE WITH THE CITY OF UKIAH 1. PREAMBLE: This Amendment to Contract No. 92-SAO-20058 (Primary Contract) is made this day of ,19__, between the UNITED STATES OF AMERICA, Western Area Power Administration (Western) and the CITY OF UKIAH (Ukiah), also hereinafter referred to individually as Party and together as Parties, pursuant to the same authorities as the Primary Contract. e RECITALS: 2.1 Western and Ukiah entered into the Primary Contract on October 28, 1992. At that time, the January 3, 1989 General Power Contract Provisions (GPCP) were effective. 2.2 Western has revised its GPCP effective August 15, 1995, and wishes to substitute these GPCP for the January 3, 1989 GPCP in its Primary Contract with Ukiah. 2.3 Ukiah also wishes to substitute the revised GPCP for the January 3, 1989 GPCP. 3. AGREEMENT: The Parties agree to the terms and conditions set forth herein. Amendment No. 2 to Contract No. 92-SAO-20058 Amendment No. 2 to Contract No. 92-SAO-20058 Amendment No. 2 to Contract No. 92-SAO-20058 Item No. ! 2c Date: March 6, 1996 AGENDA SUMMARY REPORT SUBJECT: Authorize Budget Amendment in the Amount of $18,000 to Account 612-3580- 250 for Payment of an Engineering Feasibility Study by Rau and Associates relative to the Relocation of the Storage Pond Levees at the Wastewater Treatment Plant. REPORT: At the August 16, 1996 City Council Meeting the Russian River Coastal Conservancy presented a proposal for widening the river as a solution to the levee erosion at the Wastewater Treatment Plant. At that meeting, staff, at the request of Council, presented a proposal to conduct a feasibility study and an engineer's estimate to relocate the pond levee 200 feet back into the plant property. The cost of this proposal was approximately $37,000. The Council felt that only a feasibility study would be required at this point in time. As a result, Council authorized the City Manager to execute an Agreement with Rau and Associates to conduct only the feasibility portion of the study. This Agreement was executed on January 17, 1996 for an amount not to exceed $18,000. The cost of this study was not budgeted by the Wastewater Treatment Plant. Therefore it is necessary for Council to approve a budget amendment in the amount of $18,000 to account 612-3580-250, in order to pay for this work. The monies will be taken from the sewer capital fund. Staff requests Council's approval of the required budget amendment. RECOMMENDED ACTION: Authorize Budget Amendment in the Amount of $18,000 to Account 612-3580-250 from Fund Balance for Payment of an Engineering Feasibility Study by Rau and Associates relative to the Relocation of the Storage Pond Levees at the Wastewater Treatment Plant. ALTERNATIVE COUNCIL POLICY OPTIONS: Deny Authorization. Citizen Advised: N/A Requested by: Prepared by: Coordinated with: Attachments: Darryl L. Barnes, Director of Public Utilities ~, Darryl L. Barnes, Director of Public Utilities/'~" ' Candace Horsley, City Manager Budget Amendment Worksheet Candace Horsley, City~/lanager CITY/DISTRICT SEWER CONSTRUCTION - FUND #612 Bud.qeted amounts: Beginning fund balance 7/1/95 Revenue budgeted Transfers budgeted In (Out) Expenses budgeted Budgeted ending fund balance 6/30/96 $ 344,893 $ 2,260,844 $ (147,573) $(1,667,451) $ 790,713 Adjustments made durinq the fiscal year: Date Approved Account No. lO/18/95 Transfer in for River Bank Repair 612.281.620 $ 144,520 lO/18/95 Transfer in for River Bank Repair 612.281.650 $ 109,962 lO/18/95 River Bank Repair- Mendocino Construction Services 612.3580.250.000 $ (254,482) 2/21/96 Emergency River Bank Repair- Mendocino Const Svcs 612.3580.250.000 $ (89,244) 3/6/96 ProStorage Pond Levee Relocation feasibility study 612.3580.250 $ (18,000) Revised ending fund balance 6/30/96 $ 683,469 RESERVES.XLS 2/29/96 Page 1 Fund 612 ITEM NO. 12d DATE: MARCH 6, 1996 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION OF REQUEST FROM ESA FOR ADDITIONAL COMPENSATION RELATING TO PROJECT COST OVERRUN AND THE PERFORMANCE OF WORK BEYOND THE SCOPE OF THE LANDFILL EIR CONTRACT AND AUTHORIZATION OF BUDGET AMENDMENT Under contract with the City, Environmental Science Associates (ESA), prepared the Response to Comment Addendum to the Landfill EIR. Compensation for performing the work of the contract as described in Attachment "A", "Scope-of-Work", was on a time and expense basis not to exceed $30,000. The EIR was certified by the City Council at their February 7, 1996 meeting. ESA has submitted a request for additional compensation for project cost overruns and for the performance of additional work requested by the City that was beyond the scope of their contract. RECOMMENDED ACTION: Approve the payment of $6,326.52 to ESA for project cost overruns related to the work of the contract and for work performed beyond the scope of the contract. Approve a budget amendment and transfer of $6,326.52 from the Solid Waste Disposal Replacement Fund No. 661 to Account No. 660-7301-250. ALTERNATIVE COUNCIL POLICY OPTIONS: Deny the payment request for project cost overruns related to the work of the contract and approve the payment request in the amount of $5,200.52 for the performance of work beyond the scope of the contract. Approve a budget amendment and transfer of $5,204.52 from the Solid Waste Disposal Replacement Fund No. 661 to Account No. 660-7301-250. Appropriation Requested: As indiciated above Citizen Advised: N/A Requested by: Environmental Science Associates (ESA) Prepared by: Rick H. Kennedy, Director of Public Works/City Engineer Coordinated with: Candace Horsley, City Manager Attachments: le 2. 3. 4. Contract with ESA Memorandum to City Manager Letter of Request with Attachment from ESA Budget Amendment Worksheet Candace Horsley,' C~t Manager R:I~LAN~:kk AF~A Consideration of Request from ESA for Additional Compensation Relating to Rroject Cost Overrun and the Performance of Work Beyond the Scope of the Landfill EIR Contract and Authorization of Budget Amendment March 6, 1996 Page 2 The Project cost overrun for work within the scope of the contract is $2,245.08 and the cost for performing the work beyond the contract is $5,204.52. As explained in the attached memorandum to the City Manager, the additional work was requested by our legal counsel and the cost overrun for work of the contract was the result of additional effort not anticipated when ESA submitted their proposal. Although the City is not obligated to pay the cost overrun for work of the contract, it is recognized that additional effort was taken in the preparation of the EIR document and, in the Public Works Director's opinion, the product produced exceeds normal expectations. It is proposed that the City pay one-half of the Project cost overrun for work of the contract or $1,122. This proposal is acceptable to Mr. Miller of ESA. The additional work beyond the scope of the contract involved the comparison of a hypothetical baseline of 50 tons per day with the impacts that were associated with the implementation of the Project. This comparison was needed to fortify and produce a legally defensible document. The comparison analysis included in the Response to Comment Addendum is indicative of the work effort expended and it is believed that the amount of $5,204.52 represents reasonable compensation for the performance of the extra work. Should the recommendation to compensate the Consultant one-half of the cost overrun for work of the contract or $1,122, and $5,204.52 for the performance of extra work be approved, it will be necessary to transfer the sum of $6,326.52 from the balance of $16,904 in the Solid Waste Disposal Replacement Fund No. 661 to Account No. 660-7301-250, Services, Solid Waste Operations. R: 1 ~I..ANDFilA. AESA AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES ~/J~ ~;/~,! ~/ and between CITY OF UKIAH, CALIFORNIA, hereinafter ree~e~ed '~oUas 'City' and ENVIRONMENTAL SCIENCE ASSOCIATES (ESA), a California Corporation, hereinafter referred to as 'Consultant'. RECITALS This Agreement is predicated on the following facts: a. City requires consulting services related to the preparation of a Final Environmental Impact Report for purposes of modifying the City's solid waste facilities permit. b. Consultant represents that it has the qualifications, skills, and experience to provide these services, and is willing to provide them according to the terms of this Agreement. City and Consultant agree upon the Scope-of-Work and Work Schedule attached hereto as Attachment "A", describing contract provisions for the project and setting forth the completion dates for the various services to be provided pursuant to this Agreement. 1.0 1.1 2.0 2.1 2.2. 3.0 3.1 TERMS OF AGREEMENT DESCRIPTION OF PROJECT The Project is described in detail in the attached Scope-of-Work (Attachment "A'). SCOPE OF SERVICES As set forth in Attachment "A". Additional $?rvi~:?~. Additional services, if any, shall only proceed upon written agreement between City and Consultant. The written Agreement shall be in the form of an Amendment to this Agreement. CONDUCT OF WORK Time of Completion. Consultant shall commence performance of services as required by the Scope-of-Work upon receipt of a Notice to Proceed from City and shall complete such services in accordance with the time requirements set forth in the Work Schedule. Consultant shall complete the work to the City's reasonable satisfaction, even if contract disputes arise or Consultant contends its is entitled to further compensation. AOltl~l~ll~ff FOR I~tOI:'E~IONAL CONSUL'rlIqG $1~tVIC~ PAGE I OF 14 4.0 4.1 4.2 4.3 4.4 5.0 5.1 5.2 6.0 6.1 COMPENSATION FOR SERVICES Basis for Compensa0on. For the performance of the professional services of this Agreement, Consultant shall be compensated on a time and expense basis not to exceed a guaranteed maximum dollar amount of $30,000. Labor charges shall be based upon Consultant's standard hourly billing rates for the various classifications of personnel as indicated in Attachment attached hereto which shall include all indirect costs and expenses of every kind or nature, except direct expenses. The direct expenses and the fees to be charged for same shall be customary and reasonable. ~. Should changes in compensation be required because of changes to the Scope-of-Work of this Agreement, the parties shall agree in writing to any changes in compensation. 'Changes to the Scope-of-Work" means different activities than those described in Exhibit "A" and not additional time to complete those activities than the parties anticipate on the date they entered this Agreement. Sub-contra¢~;0r Poyment. The use of sub-consultants or other' services to perform a portion of the work of this Agreement shall be approved by City prior to commencement of work. The cost of sub-consultants is not included within the $30,000 provided in Section 4.1. Terms of Payment. Payment to Consultant for services rendered in accordance with this contract shall be based upon submission of monthly invoices for the work satisfactorily performed prior to the date of invoice less any amount already paid to consultant, which amounts shall be due and payable upon receipt by City. Invoices shall be accompanied by documentation sufficient to enable City to determine progress made. ASSURANCES OF CONSULTANT Independent Contractor. Consultant is an independent contractor and is solely responsible for its acts or omissions. Consultant (including its agents, servants, and employees) is not City's agent, employee, or representative for any purpose. Conflict of Interest. Consultant understands that its professional responsibility is solely to City. Consultant has no interest and will not acquire any direct or indirect interest that would conflict with its performance of the Agreement. Consultant shall not in the performance of this Agreement employ a person having such an interest. INDEMNIFICATION Insurance Li~l)ili~y. Without limiting Consultant's obligations arising under Paragraph 6.2 Consultant shall not begin work under this Agreement until it procures and maintains for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with its performance under this Agreement. AGB. EEMENT FOi~ PROFESSIONAL CONSULTING gERV1CES PAGE 2 OF 14 A. B. C. Minimum Scope of Insurance Coverage shall be at least as broad as: le Insurance Services Office ('ISa) Commercial General Liability Coverage Form No. CG O00l 11 85. . Isa Form No. CA 0001 (Ed. 1/78) covering Automobile Liability, Code I 'any auto' or Code 8, 9 if no owned autos and endorsement CA 0025. 3'' Worker's Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance. ,, Professional Liability Insurance covering damages which may result from errors, omissions, or acts of professional negligence by Consultant. Minimum Limits of In$orange Consultant shall maintain limits no less than: . General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall apply separately to the work performed under this Agreement, or the aggregate limit shall be twice the prescribed per occurrence limit. . Automobil~ Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. . Worker's Compensation and Employers Liability: Worker's compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. . Professional Liability Covera_ee: $500,000 combined single limit per occurrence. If the coverage is an aggregate limit, the aggregate limit must apply separately to the work performed under this Agreement, or the aggregate limit shall be twice the per occurrence limit. Deductibles and $~lf-insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. A~REEMENT FOR PROFi~IONAL CONSULTING $E~V~'E~ PAGE 3 OF 14 D. . . Other Insurance Provision.~ The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability_ and Automobile Liability_ Coverage~ ae The City, it officers, officials, employees and volunteers are to be covered as additional insureds as respects; liability arising out of activities performed by or on behalf of the Consultant, products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope-of-protection afforded to the City, its officers, officials, employees or volunteers. b. The Consultant's insurance coverage shall be primary insurance as respects to the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute 'with it. C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. de The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Worker's Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from Consultant's performance of the work, pursuant to this Agreement. Professional Liability Coverage If written on a claims-made basis, the retroactivity date shall be the effective date of this Agreement. The policy period shall extend from October 1, 199:5 to October 1, 1996. AGREEMENT FOR PROFE~IONAL CONSULTING SERVIC~ PAGE 4 OF 14 6.2 Fe 4. ^Il Coverages Each Insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior wriuen notice by certified mail, return receipt requested, has been given to the City. Accevtabilitv of Insurers Except for professional liability insurance, insurance is to be placed with insurers with a Best's rating of no less than A:VII and who are admitted insurers in the State of California. Professional liability insurance may be underwritten by Lloyds of London. V~rification of Coveraee Consultant shall furnish the City with certificates of Insurance and with original Endorsements effecting coverage required by this Agreement. The Certificates and Endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Certificates and Endorsements are to be on forms provided or approved by the City. Where by statute, the City's Workers' Compensation - related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted. All Certificates and Endorsements are to be received and approved by the City before Consultant begins the work of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. If Consultant fails to provide the coverages required herein, the City shall have the right, but not the obligation, to purchase any or all of them. In that event, the cost of insurance becomes part of the compensation due the contractor after notice to Consultant that City has paid the premium. G. Subcontractors If Consultant uses subcontractors or sub-consultants, it shall cover them under its polices or require them to separately comply with the insurance requirements set forth in this Paragraph 6.1. Incl~mnification. Notwithstanding the foregoing insurance requirements, and in addition thereto, Consultant shall indemnify, defend and hold harmless City officers, agents and employees from and against any and all claims, demands, liability, costs and expenses, including court costs and counsel fees, arising out of the injury to or death of any person or loss of or physical damage to any property resulting from any negligent or wrongful act or omission committed by Consultant or it's officers, agents or employees while performing services under this Agreement. Consultant's liability for professional negligence shall be limited to $1,000,000. As to events which occur during Consultant's performance of this Agreement, City shall hold Consultant harmless from and defend Consultant against all claims, liability, damage, or loss arising out of any injury or death of any person or damage to or destruction of property attributable to the negligent or willfully wrongful act or omission of City or its officers and AOItEEMENT FOR PROFE~IONAL CONrail.TING ~V]C~ PAGE $ OF 14 7.0 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 employees, where the injury, death or damage is caused by the sole and active negligence or willful misconduct of City or City's employees. CONTRACT PROVISIONS Qwnorship of Work. All documents furnished to Consultant by City and all relx)rts and supportive data prepared by Consultant under this Agreement are City's property and shall be given to City at the completion of Consultant's services at no additional cost to City. Deliverables are identified in the Scope-of-Work, Attachment "A". 00vernin~ Law. Consultant shall comply with the laws and regulations of the United States, the State of California, and all local governments having jurisdiction over this Agreement. The interpretation and enforcement of this Agreement shall be governed by California law and any action arising under or in connection with this Agreement must be filed in a Court of competent jurisdiction in Mendocino County. lEntir~ Agreement. This Agreement plus its Attachment(s) and executed Amendments set forth the entire understanding between the parties. $¢verability. If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. Modification. No modification of this Agreement is valid unless made with the agreement of both parties in writing. Assignment. Consultant's services are considered unique and personal. Consultant shall not assign, transfer, or sub-contract its interest or obligation under all or any portion of this Agreement without City's prior written consent. Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement shall be a waiver of any other or subsequent breach of the same or any other covenant, term or condition or a waiver of the covenant, term or condition itself. ~. In the event a suit or action is instituted to enforce any of the terms and conditions of this Agreement, the prevailing party shall collect, in addition to the costs and disbursements allowed by statutes, such sums as the court may adjudge reasonable as attorney's fees in such suit or action in both trial and appellate courts. T~rminafion. This Agreement may only be terminated by either party: 1) for breach of the Agreement; 2) because funds are no longer available to pay Consultant for services provided under this Agreement; or 3) City has abandoned and does not wish to complete the project for which Consultant was retained. A party shall notify the other party of any alleged breach of the Agreement and of the action required to cure the breach. If the non-breaching fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. If terminated for lack of funds or abandonment of the project, the contract shall terminate on the date notice of termination is given to Consultant.. City shall pay the Consultant only for services performed and expenses incurred as of the effective termination date. In such event, as a AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES PAGE 6 OF 14 7.10 8.0 condition to payment, Consultant shall provide to City ali finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Consultant under this Agreement. Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, subject to off-set for any direct or consequential damages City may incur as a result of Consultant's breach of contract. Dut~licate Originals. This Agreement may be executed in duplicate originals, each bearing the original signature of the parties. When so signed, each such document shall be admissible in administrative or judicial proceedings as proof of the terms of the Agreement between the parties. NOTICES Any notice given under this Agreement shall be in Writing and deemed given when personally delivered or deposited in the mail (certified or registered) addressed to the parties as follows: CITY OF UKIAH DEPARTMENT OF PUBLIC WORKS 300 SEMINARY AVENUE UKIAH, CALIFORNIA 95482 ENVIRONMENTAL SCIENCE ASSOCIATES ATTENTION: PAUL MILLER 301 BRANNON STREET, SUITE 200 SAN FRANCISCO, CALIFORNIA 94107-1811 AGIt, E]DdENT FOR II~OFF.,~IONAL CONSULTING $ERVIC~ PAGE ? OF 14 9.0 SIGNATURES IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written: BY:~~~. ~ ~ CITY MANAGER ENVIRO~ENTAL SCIENCE ASSOCIATES PAUL MILLER DIRECTOR C,~THY'I~IC)~-AY CITY CLERK Date APPROVED AS TO FORM: CITY A'rTORNEY, C~ UKIAH DAv}i~J~L~PPOR-i~ ~/ A'I'TACHMENTS A. Scope-of-Work B. Schedule of Rates AG~ FOR PROFESSIONAL CONSULTING SERVICES PAGE $ OF 14 A'I'FAC~ "A" SCOPE-OF-WORK Consultant shall perform the following work tasks which must be completed to produce a Final Environmental Impact Report (FEIR) for modifying the Solid Waste Facilities Permit for the City of Ukiah Landfall: Review the Draft EIR and Supplemental Draft EIR prepared by the Company of Eric Jay Toll and review comments from commentors identified in the. attached Exhibit "A". City shall provide consultant with one copy of the documents and letters identified in this Task. TASK II: Prepare an Administrative Final EIR and submit five (5) copies for City Staff review. The Administrative FEIR shall include responses to comments from those commentors identified in the attached Exhibit 'A". The Administration FEIR shall be completed for City's review six (6) weeks from the date of Notice to Proceed. After reviewing City Staff comment to Administrative FEIR, produce 50 copies of the Final ErR for distribution to the public and deliver to City. City shall distribute copies to public. TASK IV: Attend public hearing for the Final EIR for purposes of answering questions that may be presented during the hearing. GENERAL: Consultant shall provide a Project Manager who shall insure work quality and completion. The Project Manager shall be Paul Miller, Physical Science Department Director. EXCLUSIONS: The above scope-of-work does not include the following: . Development of the Mitigation Monitoring and Reporting Plan. Drafting the Findings for the FEIR. Written responses to issues raised at Public Heatings. F.~IT "A" OF ATI'AC~ "A" Commentors to Draft FIR and Revised FIR: Dr~fl EIR State Clearinghouse State Department of Parks and Recreation, Office of Historic Preservation California Integrated Waste Management Bom'd California Regional Water Quality Control Board, North Coast Region Department of Fish and Game Mendocino County Dept of Pub Health, Div of Environmental Health Department of General Services, State Historical Building Safety Board · Mendocino County Planning and Building Services Department Mendocino Environmenal Center Scott Thomas El Dorado Estates Thomas and Valerie Jacoby Vichy Springs Community Homes Elizabeth Koledin Patrick and Linda Nagel Miles T. Crail Chris Panagoulias Jim Chapman ' William Huber Dennis E. Harris Ms.'Judy Pruden Vichy Springs Resort Vichy Springs Resort Revised EIR State Clearinghouse California Integrated Waste Management Board State Department of Fish and Game Vichy.Springs Resort Concerned Citizens of Vichy Springs Community Homes Mendocino Envimnmenal Center Department of General Services, State Historical Building Safety Board Dennis E. Harris California Regional Water Quality Control B6iu~l'~ North Coast Region Leigh Jordan Sept. 19, 1994 Aug. I 1, 1994 Sept. 12, 1994 Sept. 6, 1994 Oct. 4, 1994 Sept. 6, 1994 Sept. 7, 1994 Sept. 7, 1994 Sept. 16, ! 994 Sept. 15, 1994 ,Sept. 16, 1994 Sept. 15, 1994 Sept. 15, 1994 Sept. 14, 1994 ' Sept. 15, 1994 Sept. 2, 1994 Sept. I 0, 1994 Sept. 13, 1994 Aug. 30, 1994 Sept. 15, 1994 Sept. 15, 1994 Sept. 7, 1994 Sept. I0, 1994 June 26, 1995 June 23, 1995 June 26, 1995 June 26, 1995 June 24, 1995 June 24, 1995 June 26, 1995 June 26, 1995 June 6, 1995 June 19, 1995 ~TrACHMF. NT ~v'IRO~AL SCIENCE ASSOCIATES (BSA) AND MA'rEJ~IALS COMPENSATION I~TI~Y BUR.D~ LABOR BIL,LING R,A~ STAFF CA'lT.,GORY RATES Employee ~._teeorv Director / Principal [] Director / Principal II Director / Principal I Senior Project Manager / Technical Assoc. Project Manager / Technical Assoc. Senior Associate H Senior Associate I Associate [] Associate H Associate I Graphics / Word Processing / Editorial Administrative / Clerical Senior Administrative Hourly Billin_n Rnt. p_ $150.00 $130.00 $115.00 $105.00 $95.0O $80.00 $?0.00 $:50.00 $55.00 $40.OO $65.00 Paul Miller Phil Wheeler, Ph.D. Jack Hutchison, P.E. Paul Mitchell Mark Winsor, Ph.D. Jeff Wehling Tom Roberts Nancy Barbic Senior Project Manager Project Manager .. Project Manager Associate H Director Xl Senior Associate Senior Project Manager AND MAT~,KIALS STAFF CA~RY RATES (9/1/95) ATTACHMENT 2 DATE: TO: FROM: M.E.M.O.R.A.N.D.U.M February 16, 1996 Candace Hoflsey, City Manager Rick H. Kennedy, Director of Public Works/City Engineer REQUEST FROM ESA FOR ADDITIONAL COMPENSATION RELATING TO PROJECT COST OVERRUN AND THE PERFORMANCE OF WORK BEYOND THE SCOPE OF THEIR CONTRACT As indicated in the attached correspondence from Paul Miller of ESA, they have incurred a project cost overrun in the amount of $7,449.60 by reason of additional effort not anticipated when they submitted their proposal, and because of additional work performed at the City's request. Of the $7,500 overrun, $5,200 was expended in the performance of the additional work requested by the City which included the comparison of a hypothetical baseline of 50 tons per day with the impacts that were associated with the implementation of the Project. This comparison was requested by David Rapport subsequent to discussions with Jim Moose, EIR attorney. We did not discuss estimated costs. Legal Counsel believed the comparison was needed to fortify and produce a legally defensible document, and the time frame within which the document was to be completed was becoming critical. The comparison analysis included in the Response to Comment Addendum is indicative of the work effort expended and I believe the amount of $5,200 represents reasonable compensation for this additional work beyond contract Concerning the balance remaining of the cost overrun or $2,300, I recognize that additional effort was expended in the performance of the work of the contract; the final product shows it. Although the City is not obligated to pay this cost overrun I believe we should recognize that the Consultant produced a product exceeding average expectations. I have told Paul Miller that I would support a recommendation to pay one-half of the $2,300 overrun for work completed under the scope of the Contract. Mr. Miller concurred with this recommendation. Candace Horsley February 16, 1996 Page 2 The Consultants maximum compensation of $30,000 was funded from the Solid Waste Disposal Reserve Fund No. 661. Reference is made to the Reserve Fund Balance Sheet dated September 27, 1995, copy attached. According to this balance sheet, $16,904 remains unobligated in the fund. I propose that the amount of $6,350 which represents the sum of $5,200 for the additional work beyond the contract scope and one-half of $2,300, or $1,150, for work performed within scope but not anticipated at the time the proposal was submitted, be funded from the balance in Reserve Fund No. 661. With your approval, I will prepare a recommendation to City Council seeking their authorization for this expenditure. David J. Rapport, City Attorney Gordon Elton, Director of Finance Paul Miller, ESA R:iLDW MHOR~LEY.? ATTACHMENT 3 TRANSMITTAL Attached Under separate cover ] In mail Via messenger Via ] FAX total of ~ pages Environmental Science Associates $ui~¢ 200 San Franc isco, Calil'~mi~ 94107-1BI 1 (415) 896-5900 FAX ~9~0332 Los A .~¢lt TctH If items nrc not ns noted, please inform us tmmecliat~ly. Date: To: Items: Remarks: Sent by: February 15, 1996 File: 950501 Mr. Rick Kennedy Public Works Department City of Ukiah 300 Seminary Avenue Ukiah, California 95482-5400 (707)463-6200Phone (707) 463-6204 FAX Report of project costs as of January 31, 1996, showing total costs of $37,449.60. Many of the numbers on the cost report are very small and may not fax clearly. I will drop a clean copy in the mail. Call if you have questions. Bill Johnson Senior Associate Paul Miller Director I'rl,t,,tff ~,,t Rvryvl('d Pettier ESA 82/15/1996 12'88 4158968332 ESA Project IR.view Report Pr°jeCt [ UKIAH LANDFIL'C I~INAL EIR 950501 ,, ._ --- Contract Type 2 Coat i~l~J~ to · Maximum Invoice Format DB ESA Report Dire: 02/06/9613:02:49 PAGE 82 Reporting Period: 01/01/962o ~ ..- .... I PM PHM I" - 30, )0;00" Tot, , I PO PHM I C37'~0'1~0) Burdened Cost ..... '-' DPM WJ I t Billed Revenue ~.~ I/10~40~ Unbilled Bu~e~d ~st ¢~.~#m;~.~ '--L .................. 7971~~ ~. Billing ~ed, ?Iek 00: AP Padllla, Anthony l. O0 9,75 ESP Parson, Elizabeth $ 1.00 4,10 GS 9parkS, Gregory 1,00 425 JRH Hutchil, on, Jack f.00 I.H H~ln#, Elizabeth 1.00 2.30 L$B Bautista, Li~,~ 1.00 3.00 LW Wise, IAChelle 1.00 0.20 NM$ 81rtofls, Nanette M 1.00 PHM Miller, Paul f.00 15.80 PR Romero, Pil~r 1.00 5.70 PRM Mitchell, Paul 1.00 18.50 RAC Cox, Renee 1.00 0.50 $8 Sue., Stephen A 1.00 3.0O 61' l'oe'e~, Susan 1.00 0.40 WJ Johnson, William f.00 ~3.00 T=ml Dlra;t Labor 12O.8O ,,346.0O Binders 10,00 % Cost: 42,75 Covers I0.00 % C, ost: 22.80 310 Pro~ MatedalslSuPplie$ 72.11 PAUL MILLLEFt 10.00 % Cost: 3.00 PAUL MILLER I0.00 % C, oet; 3,00 320 Travel 6.60 ~0 Graphics Expenses .C~. y L~og fO. O0 % C,o~: 886.?5 ~ Prinbng Expense 975.43 Fax Log 10.00 % Cost: 20,00 480 Telephone / Fax P,2.00 490 Postage/C~urier Total Reiml~u~eble Expenses 1,076.14 EBA WASTETECHNOLO[JtB~ % Cost: 74,4,00 210 Outside/Sub Sewices 818.40 Teal ~ub==naaltanta 818.40 ,,, Tom' TIIK 00: i ....... --- PROJECT TOTALS Dlre,3t Labor RelmburMble Kxpan#e Bub~-~rmultant 12.56 8,10 0.$0 3.0O ~.60 81.0O el.BO 6 30 ~.80 0.50 3.85 244.60 487,05 ~,~.00 77.17 79.24 20.88 35.48 1,2.87.20 (I,1L40 i ...... i i '1' i iii - ACCOUNTS RECEIVABLE: oPe~?*end Reeen! mvoiceBind Paints Trar~ Tmr~a=bon Recv"~l'd _ 44290 11/15/95 ~lling 44290 12/11/95 Payment 44436 12/14/95 Billing 44436 12/26/95 Payment M535 01112/~ Billing 4453E, 01/29/9~ Payment 27,209,06 27,209.06 1,110.00 ' 1,110.00 o.oo 13,479.50 (13,470,50) 0.00 12,619.56 12,610.56 (12,61g.56) .0.00 ........... i (12.55) (e.'~o (29 0.50' 3.30 300' 31 81.80 (6.?o {56.50 0.50 (407.05) (487.05) ,., Da_Y~ OutI.. indjnfl Prejeat 050601 - ESA CONFIDENTIAL - For Internal Use Only - Page January 24, 1996 Environmental Science Associates 301 Brannan Slrecl Stlil¢ -.(X) San Francisco, California 94107-1811 (415) 896-5900 FAX 896-0332 I.~ ,a .I tt.t,,~'lt'a .~'~ I ( 'l'~llll('tlll ~ Mr. Rick Kennedy Department of Public Works City of Ukiah 300 Seminary Avenue Ukiah, California 95482-5400 Dear Rick: We received your request today, through Sue Goodrick, for a breakdown of the staff hours devoted to addressing the additional work requested by the City Attorney, David Rapport, following his review of the preliminary Final EIR. I have attached our best estimate for this effort on the basis of staff time sheets for the period from January 1 to January 15, 1996, and staff estimates for the period since January 16, 1996. I have also attached a copy of our project cost report for the period from January I to January 15, 1996. This report also lists the total costs recorded for the project as of January 15. As you are aware, we were busy completing the document between January 16 and January 19, when the 50 copies were mailed. As you can see from these documents, when we more carefully evaluate our costs with respect to the added baseline analysis, only about $5,200 can be justified directly for Ibis particular task. However, as our cost report suggests (and as we mentioned during our document review on January 2), we were already headed for a small budget overrun when this added task was requested. This overran, which was on the order of about $2,500, was due to a variety of factors unrelated to the additional baseline analysis. For example, more time was spent meeting with City staff than was originally anticipated (e.g., three individuals attended the November 24, 1995 meeting and two attended the meeting on January 2, 1996, which was not budgeted), and a small amount of time and materials were required to include a figure in the back pocket of the Response to Comments Addendum. After carefully reviewing the recorded project costs, costs for work completed since January 16, and anticipated future costs (i.e., cost for me to attend the public hearing), and after including outstanding expenses for subconsultant (e.g., EBA Wastechnologies) and reimbursable (i.e., publishing), we are confident that our total costs for this project will be $37,500, and we hope we will be able to modify our contract to reflect this. Pt t.t~ ,l ,,n R,', ~, h ,I P,q,, t ESA Mr. Rick Kennedy January 24, 1996 Page 2 I think I speak for the entire ESA staff in saying that this was a challenging, fast-moving project in which ESA used all of its project management and CEQA skills. We want to feel that we brought full value to this project. If you feel that any of these costs are unnecessary or beyond the scope of what needed to be done, I will accept your judgment. It is very important to ESA that you be completely satisfied with our work product. Sincerely, Paul Miller Director, Physical Sciences Department enclosures ESA January 22, 1996 Environmental Science Associates 3()1 Brannan ,~trcct S.itc 200 San Francisco. California 941()7-1~11 (415) N96 5~l~l) FAX X'm Itt ~2 Lo.~ /~,.,~.'ch'.~ ,~tl('l'(llll¢'lllt) Mr. Rick Kennedy Department of Public Works City of Ukiah 300 Seminary Avenue Ukiah, California 95482-5400 Dear Rick: I am pleased to report that by this time you should have received 50 copies of the City of Ukiah Landfill Permit Revision EIR Response to Comments Addendum. ESA's entire project team is proud of the quality of this report and grateful to have had the opportunity to assist the City of Ukiah on this project. As you know, this work was budgeted tightly in our contract, and we have been able to complete some additional tasks within our original budget. For example, we subjected certain geology and hydrology responses to an out-of-house review, we included a 24 by 36 inch figure in a pocket at the end of the report, and we attended an additional meeting with City of Ukiah staff. Nevertheless, some additional costs were incurred during the final stages of preparing the report. These costs related primarily to additional work requested by the City Attorney, David Rapport, following his review of the preliminary Final EIR. ESA met with you, Sue Goodrick, and Mr. Rapport on January 2, 1996. In response to David's concerns at this meeting regarding public comments about the environmental baseline selected for the DEIR and SDEIR, ESA completed an additional analysis for response D6. This response illustrated how the various project impacts would have differed if the EIR had considered the environmental setting to involve an average refuse disposal rate of 50 tons per day (the amount listed in the 1979 permit) instead of 98 tons per day (the actual rate). To ensure that our approach to this analysis was appropriate, ESA submitted a copy of our proposed changes to response D6 to David Rapport on January 16, 1996. David then submitted this draft to Jim Moose for his concurrence. David and Jim agreed that the basic approach we presented was appropriate, but as a result of this second review, ESA was requested to further quantify the impacts using this hypothetical baseline and to better relate the data presented in this analysis to the data presented in the DEIR and SDEIR for the No Project alternative. P~t.tcd ¢.t Ret v~ h'd Paper ESk Mr. Rick Kennedy January 22, 1996 Page 2 As a result of the additional effort ESA has expended to complete this additional analysis, I request that our contract be modified to accommodate the extra $7,500.00 in costs, bringing ESA's total compensation under this contract to $37,500.00. This total amount represents ESA's actual time and material costs to complete the Final EIR, which has been delivered. If you have any questions or comments, please feel free to call me. I have enclosed a list of each work cited in the Response to Comments Addendum and a copy of each of these references for your convenience. Although you already have much of this material, perhaps you will find this consolidated file to be a useful resource at some time in the future. Bill Johnson and I both plan to attend the City Council certification hearing for the Final EIR on February 7, 1996. Sincerely, Paul Miller Director, Physical Sciences Department enclosure SOLID WASTE DISPOSAL REPLACEMENT - FUND #661 ATTACHMENT #4 Budgeted amounts: Beginning fund balance 7/1/95 Expenditures budgeted from fund Transfers budgeted Budgeted ending fund balance 6/30/96 $ 518,723 $ (115,463) $ (284,000) $ 119,260 Adjustments made during the fiscal year: Date Approved 7/12/95 Reserved for FY 96/97 equipment lease payments * 10/4/95 Landfill EIR consultant contract 3/6/96 pro Transfer for Landfill EIR cost overruns Account No. 661.240.052 $ (72,356) 660.7301.250 $ (30,000) 661.283.660 $ (6,327) Revised ending fund balance 6/30/96 $ 10,577 * Principal payments as proposed in the adopted FY 95/96 budget FY96/97 Interest payments of $5,506 and FY97/98 principal and interest payments of $43,680 will have to come from the operating budget (Fund 660). RESERVES.XLS 2/29/96 Page 1 Fund 661 SOLID WASTE DISPOSAL - FUND #660 Bud.qeted amounts: Beginning fund balance 7/1/95 Budgeted revenue Expenditures budgeted from fund Transfers budgeted (net) Budgeted ending fund balance 6/30/96 J Adopted $ (79,883) $1,702,570 $(1,852,452) $ (26,865) $ (256,630) Adjustments made durinq the fiscal year: Date Approved 10/4/95 Landfill EIR consultant contract 10/4/95 Transfer from Fund 661 11/15/95 Transfer from General Fund #100 11/15/95 Revenue from garbage rate 3/6/96 pro Transfer from Replacement Fund 3/6/96 pro Landfill EIR cost overruns Account No. 660.7301.250 $ 660.283.661 $ 660.281.100 $ 660.0800.644 $ 660.281.661 $ 660.7301.250 $ (30,000) 30,000 9,700 24,892 6,327 ~,327) Revised ending fund balance 6/30/96 $ (?72,038) RESERVES.XLS 2/29/96 Page 1 Fund 660