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1994-10-05 Packet
CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 October 5, 1994 6:30 p.m. 1. Roll Call 2. Invocation/Pledge of Allegiance 3. Proclamations a. Declaring October 2 - 8, 1994 as Public Power Week b. Declaring October 9 - 15, 1994 as Fire Prevention Week c. Declaring October 16 - 22, 1994 as National "Character Counts" Week 4. Introduction of New Employees a. Carl Tuliback, Code Enforcement Officer b. Tammi Weselsky, Recreation Coordinator 5. Approval/Correction of Minutes for Regular Meeting of September 21, 1994 . . 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 (90) days 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. Set Date of October 19, 1994 for Public Hearing to Consider Adjustment of Rates for Garbage and Recycling Collection Service b. Award of Bid for Above Ground Fuel Storage Tank at the Ukiah Municipal Airport to Beacom Construction in the Amount of $149,734.00 c. Award of Bids for Asphalt Grinder/Milling Machine to Nixon-Egli in the Amount of $121,735.19; Pavement Roller to Peterson Tractor in the Amount of $22,987.97; Walk- Behind Vibratory Compactor to Westco Tractor in the Amount of $9,883.09; Trailer to Rainbow Ag Service in the Amount of $3,398.48; and Authorize Change in Pavement Repair Equipment d. Adoption of Resolution Approving Grant Deed Conveyance for 1461 Bush Street to Mendocino County Community Development Commission and Authorize the Mayor to Execute Documents e. Adoption of Resolution Authorizing Subordination Agreement and Signatories for Esperanza Ford, 244 Carlton Drive 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (! 0) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments. 9. UNFINISHED BU$INESS a. Report from Council Subcommittee Regarding Alcohol Consumption in the Parks b. Discussion Regarding Mayoral Nomination for Commission Appointment Process c. Reconsideration of Council Laision to Ukiah Community Center Board d. Set Date for Solid Waste Workshop 10. NEW BUSINESS a. Authorize Mayor to Execute Letter of Agreement for Services with the NCPA to Provide Analysis and Information Required by SB 1601 Relative to Low Income Weatherization Programs, in Amount +Not to Exceed $2,000 b. Set Date for Electric Utility Workshop c. Authorize Bad Debt Write Offs for Fiscal Year 1993-94 d. Authorize City Manager to Execute an Agreement for Residential Project Representative Services for the Advanced Wastewater Treatment Plant Upgrade Project with Carl C. Thompson in an Amount Not to Exceed $150,000 11. CITY COUNCIL/REPORTS 12. CITY MANAGER/DEPARTMENT HEAD REPORTS 13. CLOSED SESSION - None 14. ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Item No. 3a We, the citizens of Ukiah have chosen to operate a community-owned, not for-proflt electric utility; and We are both consumers and owners of oL~r public poWer system and have a direct say in utility oPerations and policies; and The City of Ukiah Electric Utility provides our homes, businesses, social services, and local government a§encies with reliable, efficient, and cost- effective electricity employing so~lnd business practices designed to ensure the best possible service at the lowest possible rates; and The City of Ukiah Electric Utility is a valuable community asset that contributes substantially to the well-being of local citizens through energy efficiency, customer service, environmental protection, economiC development, and sqfety awareness; and The City of Ukiah Electric Utility is part qf a community of 2,000 publicly owned electric utilities in the United States that through consumer- ownership ensure cost-cutting competition in the electric utility industry to the benefit of electricity consumers everywhere; and The American Public Power Association initiated Public Power Week in 1987, and it has proven a successful means to educate this community's consumers and the general public about public power's public service mission and community betterment goals. NOW, THEREFORE, I, Fred Schneiter, Mayor of the City of Ukiah, on behalf of my fellow City Councilmembers, Richard Shoemaker, Jim Wattenburger, Sheridan Malone, and Jim Mizstin, formally declare the week of October 2 - 8, 1994, as '~'UBLIC POWF~ in order to honor the City of Ukiah Electric Utility, its consumer-owners, policy makers, and employees, who work together to provide the best possible electric service; and ask that oilr community join hands with other public power communities across the natio., and celebrate the benefits of public power to our local and national progress~ As a community-owned utility, we are '~'ublic Powerful." Fred Schneiter, Mayor Item No. 3b than two to one, and smoke detectors are our first line of defense against fire; and Research shows that having a smoke detector cuts our risk of dying in afire. nearly in ha{f; and Even though 90% of U.S. homes have at least one smoke detector, estimates show that about one-third of all homes that have fires have smoke detectors that are not working, usually because of dead or missing batteries; and The National Fire Alarm Code requires smoke detectors outside each sleeping area and on each level of the home and recommends testing smoke detectors at least once a month; and A smoke detector that isn't working can't protect us from deadly smoke and fire. 'Test Your Detector for L{fe" is an important meSSage to communicate to our community; and The fire service of the City of Uklah is dedicated to the sqfety of l~fe and property from the devastating effects of fi~'e, and those members of the fire service are joined by other concerned citizens of this City, as well as business, schools, service clubs, and organizations in their fire sqfety efforts; and The local efforts of the fire service are supported by the activities of organizations such as the American Burn Association, the American Red Cross, the Congressional Fire Services Institute, the Fire Marshals Association of North America, the International Association of Arson Investigators, the International Association of Fire Chiefs, the International Association of Fire Fighters, the International Association of Black Professional Fire Fighters, the National Association of State Fire Marshals, the National Fire Protection Association, the National Volunteer Fire Council, and the United State Fire Administration. NOW, THEREFORE, I, Fred Schneiter, Mayor of the City of Ukiah, on beha{f of my fellow City Counciimembers, Richard Shoemaker, Jim Wattenburger, Sheridan Malone, and Jim Mastin, do hereby declare the week of October 9 - 15, 1994, as 'T~RE PREVENT/ON WEF-K" This week commemorates the great Chicago Fire of 1871, which killed 300 persons, left 100,000 homeless and destroyed more than 17,000 buildings. I call upon the people of this City to participate in fire prevention activities at home, work, and school, and to heed the message: 'Test Your Detector For Life" as the 1994 Fire Prevention Week theme suggests. Fred Schneiter, Mayor The City of Ukiah has provided, offered, and supported activttie.~ for the youth of the City of Ukiah and the Ukiah Valley and these activities have provided opportunities for our youth to participate in a vast number of educational, cultural, athletic, and social activities; and The City of Ukiah and the Ukiah Police Activities League have joined in partnership with the National Character Counts! Coalition, a non-partisan coalition of 50 organizations and dozens of individuals representing over 35 million Americans, to present a united front concerning the importance of character built on six shared values fundamental to a democratic society: Trustworthiness, respect, re~ponsibility, fairness~ caring, and citizenship; and The Ukiah Police Activities League has declared October 16 - 22, 1994, as "Character Counts! Week to promote an interest for the citizens of Ukiah to make an effort to put basic good citizenship itl.to the lives of our children - to teach them to respect others' opinions and take responsibility for their own lives; to provide a path for personal growth, safety, and emotional stability, and for reiqforcing the basic values which define as as a City, County, State, and Nation; and The Uktah Police Activities League promotes putting character development at the forefront in an effort to reduce juvenile crime, reirlforce values and ethics in programs involving children; and NOW, THEREFORE, I, Fred Schneiter, Mayor of the City of Ukiah, on behalf of my fellow City Councilmembers, Richard Shoemaker, Jim Wattenburger, Sheridan Malone, and Jim Mastin, and in cooperation with the President and the Congress of the United States, over two dozen governors, and about 250 County and City organizations, endorse the six pillars of character, and declare October 16 through 22, ,1994, as ~ "CHARACTER COUNI~! ~" ' ' call upon all citizens of the City of Ukiah to actively participate in .g good ethics and character to our youth. Fred Schneiter, ITEM NO. 3e MEETING DATE 10/5/94 AGENDA SUMMARY REPORT SUBJECT: OBSERVANCE OF "CHARACTER COUNTS! WEEK" The President of the United States has formally signed the resolution declaring October 16-22, 1994, as "National Character Counts! Week". The President and Congress have endorsed "Six Specific Pillars of Character": trustworthiness, respect, responsibility, fairness, caring and citizenship. These core elements of ethical values have been identified as the foundation of character education for the next generation. RECOMMENDED ACTION: Issue proclamation. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Acct. No.: N/A Acct. No.: (if NOT budgeted) Appropriation Requested: N/A f~~"~ ~...~ Citizen Advised' N/A Requested by: Fred W. Keplinger, Director of Public Sa Prepared by: Wayne McBride, Police Sergeant Coordinated with: Charles L. Rough, Jr., City Manager Attachments: Proclamation APPROVED BY ITEM NO. 4a DATE: October 5, 1994 AGENDA SUMMARY REPORT SUBJECT: INTRODUCTION OF CARL TULIBACK AS A FULL TIME EMPLOYEE, SERVING IN THE CAPACITIES OF CODE ENFORCEMENT OFFICER, BUILDING PLAN CHECKER, AND SUBSTITUTE BUILDING INSPECTOR SUMMARY: The Planning Department was pleased that the City Council approved Carl Tuliback becoming a full time employee in order to provide the citizens and builders of Ukiah with a variety of services on a more constant and efficient basis. Until recently, Carl was functioning as our Code Enforcement Officer on a half-time basis, although Carl's capabilities, qualifications, and ambition went well beyond part time code enforcement, as did the City's in-house needs in regards to not only code enforcement, but building services as well. Also, until recently, the Department relied exclusively on outside, contract plan checking and relatively limited over-the-counter availability of a Building Inspector to provide building services to contractors, architects, engineers, and home owners, which naturally resulted in occasional time delays beyond our control and return visits to the Building Division counter. Carl is I.C.B.O. certified in building, mechanical, plumbing, and electrical inspection, and is currently nearing completion of plan checking certification. Due to Carl's certifications, qualifications, and full- (Continued on page 2) RECOMMENDED ACTION. City Council welcome Carl Tuliback as a full-time employee in the Planning Department with specialties in code enforcement and building services. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Acc. No. (if budgeted): N/A Appropriation Requested: N/A Citizen Advised: N/A Requested By: Charles L. Rough, Jr., City Manager Prepared By: Robert Sawyer, Planning Director Coordinated With- Charles L. Rough, Jr., City Manager Attachments: None Acct. No.: (if budgeted) APPROVED: Manager Page 2 time status, therefore, the City now is able to plan check most building plans in a timely and integrated manner, provide building advice and consultation many more hours during the day, issue permits throughout the day, and perform in-house plan checking. Also, having Carl here on full-time basis provides more flexibility and coverage capabilities for Building Official Clif Shepard in the event Clif needs to unexpectedly take time off or becomes overwhelmed with field inspection obligations. Collectively, these additional services typically result in quicker turn-around times for permit issuance, as well as a higher degree of applicant satisfaction. The transition to these new functions has been smooth, and Carl continues to provide an exceedingly high level of service and professionalism to the code enforcement program. It should also be pointed out that Building Official Clif Shepard is performing a key and valuable role in expanding Carl's knowledge, plan checking and inspection abilities, and orientation to the Building Official profession. Although Carl was introduced to the Council about a year ago when he came aboard as a part-time Code Enforcement Officer, the Council might find it interesting to be reminded that Carl holds an Associate of Science degree in Business Law, spent 10 years in the Air Force, including duty in the Desert Storm operation, completed the Building Inspection and Plan Checking program at Butte College, and enjoys body building, drag racing, and outdoor activities in his spare time. Last, Carl recently sold his house in Sutter, California, and bought a house in the city of Ukiah, which pleasantly means we will be seeing Carl at local weekend and social events. ITEM NO. DATE: October 5, 1994 AGENDA SUMMARY REPORT SUBJECT: INTRODUCTION OF NEW EMPLOYEE - TAMMI WESELSKY, RECREATION COORDINATOR Tammi Weselsky was born and raised in Mendocino County and has four generations of family living in the Ukiah area. She attended school locally and was active in student government and student activities. She and her family are currently active in city sports and recreation programs. She served three years on the Parks and Recreation Commission and has worked in the community services field for the past 13 years. During this time, she also volunteered at various agencies, which include the American Cancer Society, the Big Brothers and Sisters, and doing work for the Ukiah Community Center. Tammi is very pleased to have the opportunity to work for the City of Ukiah, and is looking forward to learning and expanding the different services that the City offers to the community. RECOMMENDED ACTION: None. ALTERNATIVE COUNCIL POLICY OPTIONS: None 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, Assistant City Manager/Director of~.- Community Services Coordinated with: Charles L. Rough, Jr., City Manager Attachments: None APPROVED: 3:CS~SR.W~E~KY MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - September 21~ 1994 DRAFT The City Council convened in a regular meeting, of which the agenda was legally noticed and posted, at 6:30 p.m., in the Council Chambers of the Civic Center, 300 Seminary Avenue. roll call was taken and the following Councilmembers were present: Mastin, Malone, Wattenburger, and Vice-Mayor Shoemaker. Absent:` Mayor Schneiter. Staff present: City Clerk McKay, City Manager Rough, City Attorney Rapport, Assistant City Manager Rough, Planning Director Sawyer, City Engineer/Public Works Director Kennedy, Water Street Supervisor Borecky, and Golf/Parks Superintendent Carpenter. 2.Invocation/Pledge of Allegianc~ Councilmember Wattenburger delivered the invocation Councilmember Malone led the Pledge of Allegiance. and 3a. Special Order of Business - Presentation of Mendocino Private Industry Council (MPIC) Resolution to Del Madsen and Ray Ferguson. The Assistant City Manager/Community Services Director reported that MPIC chose a total of 25 supervisors out of 130 supervisors to receive this special recognition for excellent mentoring of summer youth temporary employees. Vice-Mayor Shoemaker read and presented the Resolutions provided by the Mendocino Private Industry Council for outstanding training of youths this past summer, to Del Madsen, Custodian and Ray Ferguson, Landfill Supervisor. APPROVAL/CORRECTION OF MINUTES 4a. Regular Meeting of September 7~ 1994 Councilmember Malone made the following correction to the minutes of the regular meeting of September 7, 1994 as follows: Page 10, Item 10g. Council discussion of Solid Waste Proposal as Outlined by R. Shoemaker , 1st paragraph, third line, change "ve" to "be"; and same Item 10g., fifth paragraph, second line, change "after" to "if". M/S Malone/Wattenburger to approve the minutes of the regular meeting of September 7, 1994, as corrected by Councilmember Malone. The motion carried with a unanimous voice vote of all AYE, with Mayor Schneiter absent. RIGHT TO APPEAL DECISION Vice-Mayor Shoemaker reviewed Section 1094.6 of the California Code of Civil Procedures regarding the appeal process. CONSENT CALENDAR Councilmember Mastin requested item 6d. Receive Report Regarding Acquisition of Service Pursuant to Ukiah City Code for Additional Landfill Groundwater Monitoring Well pulled from the Consent Calendar and Vice-Mayor Shoemaker pulled item 6c. Receive Report Regarding Award of Service Contract to Metamorphosis Hydroseeding Inc. for Erosion Control Measures at the Ukiah Landfill from the Consent Calendar. They then became New Business Items 10h. and 10i. respectively. Councilmember Mastin questioned Item 6h. asking if it is the normal policy of the City to lease these items or directly purchase, and noted the United Financial of Illinois, Inc. application fee is not listed on the Municipal Leasing proposal. The City Manager explained these items wer~ included in the budget and scheduled for lease purchase, and noted the recommended leasing company has a prior lease with the City and therefore will not charge the $5400 application fee. Reg. Mtg. September 21, 1994 Page 1 M/S Wattenburger/Mastin to approve the Consent calendar as follows: 6a. Received and approved the report of August 1994 disbursements. 6b. Adopted Ordinance No. 954 approving Cleveland Lane Planned Development. 6e. Adopted Resolution No. 95-15 authorizing the City Manager to sign access license granting access to oxygen monitoring equipment at Lake Mendocino power plant. 6f. Awarded bids in the amount of $17,835 for sand to Borges Transfer and $10,700 for bank grass sod to Westcoast Turf for capital improvement projects at the Municipal Golf Course. 6g. Authorized City Manager to execute the State Revolving Loan Funding Program Loan Contract between the State Water Resource Control Board and the City of Ukiah relative to the Advanced Wastewater Treatment Project in the amount of $6,592,944. 6h. Adopted Resolution No. 95-16 authorizing Lease agreements, signatories, and notice of intent to be reimbursed for fire engine No. 5, Street equipment, purchasing improvements and parks garbage truck for total equipment cost of $554,500. 6i. Received report regarding acquisition of service pursuant to Ukiah City Code for landfill gas monitoring wells acquisition of contractual services with EBA Wastetechnologies to drill four additional gas monitoring wells and develop a work plan for remediation, not to exceed $70,000. The motion was carried by a unanimous voice vote of all AYE with Mayor Schneiter absent. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Gary Green , 1221 Sequoia Plaza, PG&E representative, confirmed the letter sent to the City Manager and Council which confirmed that PG&E will build the fish ladder at the Eel River/Potter Valley water diversion tunnel and will commence this upcoming Monday. He reported PG&E will meet the October 95 deadline and apologized for the prior decision to stop the water flow. He explained it was due to mis-communications on the part of PG&E and assured Council they will be informed prior to public release of information. He reported that this power generation plant is not economically feasible for PG&E to continue and PG&E will enter into discussions for future ownership and operations. Discussion ensued regarding water flow shut off times in April and October. Council thanked Mr. Green for his input. UNFINISHED BUSINES~ 9a. Nomination and Appointment of Planning Commissioner by Resolution to Fill the Unexpired Term of Cindee Mayfield Vice-Mayor Shoemaker reported due to the publicity and therefore lack of interest of new applicants, he would like to see a display ad put the newspaper for commission vacancies in the future. Vice-Mayor Shoemaker nominated Judy Pruden to fill the unexpired term of Cindee Mayfield on the Planning Commission, as she has been a very active volunteer on City Committees and has great knowledge of the general plan update process as she has been an original member on the Growth Management Steering Committee for the past four years. The nomination was confirmed with the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, and Vice-Mayor Shoemaker. NOES: None. Absent: Mayor Schneiter. M/S Wattenburger/Malone to adopt Resolution No. 95-17, appointing Reg. Mtg. September 21, 1994. Page 2 Judy Pruden to fill the unexpired term of Cindee Mayfield to June 1996. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, and Vice-Mayor Shoemaker NOES: None. Absent: Mayor Schneiter. Abstain: None. 9b. Consideration of Demolition Permit for 400 E. Perkins Street The Planning Director reported this matter of business was tabled from the September 7, 1994 regular Council meeting for further information regarding on the legal and procedural differences between Building Permits which authorize demolition and building permits which authorize the moving of structures, as each permit pertains to local ordinances and building code provisions. He explained the memorandum received from the City Attorney explaining the procedures and process for each permit. Councilmember Malone questioned whether the building permit for moving can be conditioned and whether CEQA will apply is this structure is deemed historically significant. The City Attorney explained the Building Official has the discretion regarding the building permit provisions and compliance according to the Uniform Building Code. He explained moving the building cannot be conditioned to preserve it, if moved outside the City. David Ryan, applicant, 495 East Perkins Street, stated he is willing to salvage the materials if this demolition permit is approved. He explained the building is secure and being used by two men who will be relocated. He explained the siding is not wood and not salvageable. Councilmember Wattenburger stated he feels a structure is not historically significant just because a founding family lived in it and indicated that architecture and setting should be the criteria for determination, and not an owner. Councilmember Mastin stated this is the last remaining structure in the original subdivision of Ukiah and it's architectural style is one of the last remaining, and when do we start to preserve them? Judy Pruden, 304 South Hortense, stated there are 30 to 40 homes left that were of the same architecture as 326 East Perkins and there are only 6 - 10 left that are like 400 East Perkins, the structure in question now. She stated the Redemeyers have made significant contributions to Ukiah and their estate is responsible for the new publication regarding the historical downtown. She indicated this structure meets all criteria for National Historical registration. She noted the Held and Hoffman homes ar listed on the National register for meeting the same criteria. David Ryan, applicant, stated there is nothing in place to prohibit this structure's demolition if it is moved to the County. M/S Mastin/Malone to deny the demolition permit by finding the structure located at 400 East Perkins Street historically significant due to the Redemeyer family history and this home is the last structure left in Ukiah's first subdivision in Ukiah. Vice-Mayor Shoemaker asked the applicant if this motion passes will you actively look for someone to acquire or to try and~move it out of the City? David Ryan, applicant stated there is somebody interested wants to move it out of City who wants to disassemble and then reassemble it. He indicated this structure needs to be removed to allow a proposed birthing center medical clinic to be constructed on the 1.5 acres on the corner. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, and Vice-Mayor Shoemaker NOES: Councilmember Wattenburger. Absent: Mayor Schneiter. Abstain: None. Reg. Mtg. September 21, 1994 Page 3 Vice-Mayor stated this demolition permit and historical process is in disarray and needs to be revamped. He encouraged City staff to be accommodating to any person who wishes to move and rehabilitate this structure within the City limits. The City Manager reaffirmed his statement from the previous Council meeting in which staff will be proposing a major overhaul of the demolition permit process in the City. PUBLIC HEARING - 7:00 p.m. 8a. Receive Public Comment on Proposed Change by Caltrans to Redu¢~ Speed Zone on Talmage Road Adiacent to 101 Overcrossing From 40 M.P.H. to 35 M.P.H. The City Engineer/Public Works Director reported as per a request from the City, Caltrans is seeking a speed zone reduction along Talmage Road to 35 M.P.H. or the posting of a recommended speed reduction at the Talmage Road and Hwy. 101 Overcrossing. He noted this public hearing is being conducted pursuant to Section 22354.5 of the California Vehicle Code and Caltrans will take into consideration the results of the Public Hearing in their final determination. PUBLIC HEARING OPENED - 7:25 p.m. Richard Howland, 49 Betty Street, stated as he is a resident in the area. He expressed concern regarding the speed of traffic coming over the overpass towards the City. He stated he feels there is a major design problem by Caltrans regarding the angles and landscaping bushes which obscure signage. He feels that a reduction in speed should make a difference, but suggested speed bumps on the highway exit ramp will help warn of upcoming stop sign, as this exit length is too short. He indicated he is sure there will be a very bad accident there, and commented he has had close calls. He stated he feels Caltrans should redesign this area correctly before a bad accident occurs. No others came forward. CLOSED PUBLIC HEARING - 7:28 p.m. Councilmember Malone suggested posting warning signs regarding the upcoming decrease in speed. Councilmember Wattenburger stated after the new Hwy. 1010 southbound off ramp was constructed, he noticed the problem with the bushes and feels these bushes should be removed, even though he favors landscaping. M/S Wattenburger/Mastin to approve the reduction of speed from 40 m.p.h, to 35 m.p.h, on Talmage Road (Route 222) from South State Street to 264 feet east of Hastings Frontage Road and authorized staff to negotiate a safety discussion with Caltrans to improve the offramp exit onto Talmage Road by either modifying or removing those bushes, to post the reduction of speed by signage or with speed rumble spots. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, and Vice-Mayor Shoemaker NOES: None. Absent: Mayor Schneiter. Abstain: None. NEW BUSINESS 10a. Report Regarding Receipt of National Science Foundation Grant for Grace Hudson Museum The Assistant City Manager/Community Services Director reported the City of Ukiah has been awarded a $75,000 grant from the National Science Foundation for documentation of the Grace Hudson Museum's Pomoan collections. She noted the project will be directed by Pomo scholar Sherrie Smith-Ferri, of the department of Anthropology, University of Washington, in addition to several others who expect to complete this project in two years. She reported computer Reg. Mtg. September 21, 1994 Page 4 hardware, peripherals and software will be purchased with this grant funding, which will produce the extensive database. It was the consensus of Council to receive this report. 10b. Adoption of Resolution Approving Performing Arts 1994-95 Funding Gran~ The Assistant City Manager/Community Services Director the Cultural Arts Advisory Board unanimously approved recommended the award of total grant funding of $4,000 to the two applicants of the Mendocino Ballet for their production of Peter and the Wolf, and the Mendocino County Arts Council for granting smaller grants to local artists, in the amounts of $2,000 each. M/S Malone/Mastin to. adopt Resolution no. 95-18, authorizing funding for Cultural Arts Grants 1994-95 to Mendocino Ballet in the amount of $2,000 and to Mendocino County Arts Council in the amount of $2,000. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, and Vice-Mayor Shoemaker NOES: None. Absent: Mayor Schneiter. Abstain: None. 10c. Consideration of Donation to Ballet Folklorico of Mendocino County The City Manager reported as part of this years budget, there is a an amount of $2,000 approved for assisting worthwhile community special events which occur throughout the year. He reported the City has received a request for $250 from the Ballet Folklorico of Mendocino County for dance costumes. Councilmember Malone stated this group does a wonderful job and would like to double their requested amount. Vice-Mayor Shoemaker stated he would agree to an additional amount which would be leveraged for a matching grant. M/S Wattenburger/Malone to grant twice the request for $250 to Ballet Folklorico of Mendocino County. Vice-Mayor Shoemaker encouraged wording to encourage other agencies to contribute also. Councilmember Wattenburger with agreement from Councilmember Malone, the maker of the second, agreed to amend the motion wording to approve the grant of $250 to Ballet Folklorico of Mendocino County and will give another $250 if there is a matching grant from one other donator. The motion was carried by the following roll call ~ote: AYES: Councilmembers Mastin, Malone, Wattenburqer, and Vice-Mayor Shoemaker NOES: None. Absent: Mayor Schneiter. Abstain: None. 10d. Adoption of Resolution Changing Prisoner Loadina/Unloading Parking Restriction on Perkins Street from 9:00 a.m.-5:0~~ p.m. tim~ period to 7:30 a.m.-5:00 p.m. The City Engineer/Public Works Director reported this request was approved by the Traffic Engineering Committee and is forwarded to Council for consideration. Charles Schlenski, Mendocino County Sheriff Sergeant, commented that as requested by Schat's Bakery, he reviewed the originating time of 7:30 a.m. and his department concludes that a starting time of 8:00 a.m. would be sufficient to meet their needs while also accommodating the bakery's early morning business. He explained this early morning prisoner transportation has increased due to Ft. Bragg jail closure and the explained the sheriff's transportation procedures. M/S Mastin/Malone to adopt amended Resolution No. 95-19, designating restricted parking spaces on Perkins Street between School and State Streets from 8:00 a.m. to 5:00 p.m. The motion was carried by the following roll call vote: AYES: Councilmembers Reg. Mtg. September 21, 1994 Page 5 Mastin, Malone, Wattenburger, and Vice-Mayor Shoemaker NOES: None. Absent: Mayor Schneiter. Abstain: None. 10e. Designate a No Parking Zone Between the Driveways at 841 and 843 South Dora The City Engineer/Public Works Director reported the Traffic Engineering Committee reviewed a request for no parking zone between the driveways of 841 and 843 South Dora, which is only 12 feet in length. He noted this request was approved by the Committee and is forwarded to Council for consideration. M/S Malone/Wattenburger to adopt Resolution N. 95-20 prohibiting the stopping, standing or parking on certain streets. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, and Vice-Mayor Shoemaker NOES: None. Absent: Mayor Schneiter. Abstain: None. 10f. Adoption of Resolution Designating a Portion of Clay Street As a Through Street From the West Side of State Street to the East Side of Dora Avenu~ The City Engineer/Public Works Director reported the Traffic Engineering Committee has recommended that Clay Street be made a through street from State Street and Dora Street due to the new Plaza. Extensive discussion ensued regarding flow of traffic now and in the future, downtown stop signs, the impacts on traffic with the closure of Stephanion Street, the new conference center parking lot on the corner of Clay and Oak Streets, and the Conference Center. Vice-Mayor Shoemaker suggested having a 4-way stop at Clay and School Streets. Motion by Councilmember Malone to approve the recommendation as presented. The motion died for lack of a second. The City Manager suggested leaving the signage as is for now, until the completion of the new plaza and parking lot and review this at a later time. It was the general consensus of Council to table this matter of business and reconsider the recommendation after downtown projects are completed, and new traffic patterns can be better determined. 10h. Receive Report Regarding Award of Service Contract to Metamorphosis Hydroseeding Inc. for Erosion Control Measures at the Ukiah Landfill Vice-Mayor Shoemaker stated he received a phone call from a business that was not contacted in the process of collecting informal bids for hydroseeding. The City Engineer/Public Works Director stated the process needed is not the typical seeding as it requires a lime mixture on top of the seed which protects it during the winter rains. Discussion ensued regarding the informal bid collection process. Vice-Mayor Shoemaker requested staff to call Mr. John Haines of Caltrans, who is an expert on posi-cap seeding process and receive his recommendation and experience. The City Engineer/Public Works Director reported as allowed by Ukiah City Code, the bid has been awarded already. It was the consensus of Council to receive this report. 10i. Receive Report Regarding Acquisition of Service Pursuant to Ukiah City Code for Additional Landfill Groundwater Monitoring Well Reg. Mtg. September 21, 1994 Page 6 Councilmember Mastin queried staff regarding the drilling site restoration plans, the access to the drilling sites, correspondence received from Vichy Springs resort, timeframes, and correspondence sent to the State Water Resources Control Board (SWRCB) from Mr. Ashoff, approvals and directives received from the SWRCB, and well depths and procedures. It was the consensus of Council to receive this report which approves SBA Wastechnologies, Inc. to proceed with the installation of an additional groundwater well in the vicinity of wells 90-8 and 92-4 for an amount not to exceed $14,160 to be funded from acct. 661.260. CITY COUNCIL/REPORTS Councilmember Mastin Reported on the event he attended for the Concilio Mexican Admission Day celebrations last Sunday, the West Company Entrepreneurs of the Year awards ceremony, and noted the upcoming MTA Rodeo on September 25 at 8:30 a.m. in which he will be a judge. Councilmember Malon~ Reported he attended and participated in the last Summer Concert series. Councilmember Wattenburger Reported the MCOG meeting of the 19th was cancelled. Vice-Mayor Shoemaker Reported today he attended an all day meeting of the Mendocino Solid Waste Steering Committee, noted he attended the Concert in the Parks sponsor reception, reported he received a letter from Glenn McGourty regarding the tree cutting on the Helen Avenue sidewalk project and indicated he wishes he would have been involved in this matter first, and reported on the issues addressed in the Mendocino Solid Waste Management Authority's meeting today. CITY MANAGER/DEPARTMENT HEAD REPORTS The City Manager reported he attended the Ukiah Players Dinner theater held at the Ukiah Valley Conference Center, and reported that the Ukiah Valley Conference Center held meetings with Mendocino College and other colleges for use as an education site. CLOSED SESSION 13a. Gov. Code Section 54957.6 - Conference with City Manager, as City of Ukiah Negotiator~ Regarding Employee Bargaining Units of Miscellaneous and ElectriQ Vice-Mayor Shoemaker announced the need to meet and confer in Closed Session as per Gov. Code Section 54957.6 - Conference with City Manager, as City of Ukiah Negotiator, Regarding Employee Bargaining Units of Miscellaneous and Electric . Council entered Closed Session at 8:48 p.m. and came out of Closed Session at 9:50 p.m. 10g. Adoption of Resolution Approving MOU Agreements for: Miscellaneous Unit ii. Electric Unit i. The City Attorney noted no action was taken. 14.~ADJOURNMENT There being no further business, the meeting was adjourned at 9:50 p.m. CCMIN.175 Cathy McKay CMC/AAE, City Clerk Reg. Mtg. September 21, 1994 Page 7 ITEM NO. 7a. DATE: OCTOBER 5, 1994 AGENDA SUMMARY REPORT SUBJECT: SET DATE OF OCTOBER 19, 1994, FOR PUBLIC HEARING REGARDING ADJUSTMENT OF RATES FOR GARBAGE AND RECYCLING COLLECTION SERVICE At the City Council meeting held August 3, 1994, a public hearing was held to consider the adjustment of landfill tipping fees and charges to offset substantial increases in the cost of operation and maintenance due to increased State and Federal mandates, increased set aside reserves for closure and postclosure maintenance, and initiating pre-closure preparatory projects to alleviate additional excessive costs at the time the landfill closes. The adjustment of landfill tipping fees and charges were approved, effective August 6, 1994. The City's franchise agreement with Solid Wastes Systems, Inc. states that the City will add to the garbage and recycling collection rates any amounts necessary to fully compensate Solid Wastes Systems for any increase in the gate fee charged to them for disposing refuse at the City owned landfill. In addition, the agreement states that an adjustment will be made to the garbage and recycling collection rates using an automatic annual rate adjustment based on a 75 % change in the U.S. Department of Labor, Bureau of Statistics, Consumer Price Index (CPI). Solid Wastes Systems has also proposed an additional increase for the expansion of the City's recycling program. Staff is requesting that the City Council set the date of October 19, 1994, for the public heating for the purpose of adjusting the garbage and recycling collection rates. RECOMMENDED ACTION: Set date for October 19, 1994, for Public Hearing regarding the adjustment of garbage and recycling collection rates. ALTERNATIVE COUNCIL POLICY OPTIONS: Provide further direction to Staff as to the desired date for a Public Hearing. Acct. No. (if NOT budgeted):N/A Acct. No.: N/A Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: Rick H. Kennedy, Director of Public Works/City Engineer Prepared by: Sue A. Goodrick, Public Works Administrator 463-6286 Rick H. Kennedy, Director of Public Works/City Engineer Coordinated with: Charles L. Rough, Jr., City Manager Attachments: APPROVED: R: 1 \LANDFILL: kk ARATES.HRG ITEM NO. 7b DATE: OCTOBER 5, 1994 AGENDA SUMMARY REPORT SUBJECT: AWARD OF BID TO BEACON CONSTRUCTION TO FURNISH AND INSTALL AN ABOVE-GROUND FUEL STORAGE TANK AT THE UKIAH MUNICIPAL AIRPORT BACKGROUND Prior to 1990, underground fuel storage tanks for aviation gasoline, owned by Chevron, were maintained at the Ukiah Municipal Airport. In 1990, Chevron removed the underground tanks due to concern for potential underground leakage. Since that time, the City has leased an above- ground tank for $400.00 per month. In addition, the Airport has never had bulk storage for jet fuel, so purchases were in small amounts of 750 gallons or less. As a result, the City paid a premium of $.25 - $.35 more per gallon. Staff realized that the purchase of an above-ground fuel storage tank would save the City between $10,000 - $12,000 per year. On July 19, 1994, in response to the City's Request for Bids, five bids were received by the City Clerk for the construction of an above-ground fuel storage tank at the Airport. The lowest responsible bidder was Beacon Construction of Fortuna with a bid of $149,734. The Bid Summary is attached. On September 7, 1994, the City Council authorized the City Manager to submit a low-interest loan application to Aeronautics Division of the California Department of Transportation to finance the above-ground fuel storage tank project at the Ukiah Municipal Airport. The loan application made was in the amount of $165,000 to allow for a 10 percent contingency for any unforseen work that may occur during construction. CONTINUED ON PAGE 2 RECOMMENDED ACTION: Award bid to Beacon Construction in the amount of $149,734.00, subsequent to written confirmation of approved loan. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Award bid to alternative bidder. 2. Do not award bid. Acct. No. (if NOT budgeted):N/A Acct. No.: 600.5001.902 Appropriation Requested: N/A (If Budgeted) Citizen Advised: Requested by: Rick H. Kennedy, Director of Public Works/City Engineer Prepared by: Sue Goodrick, Public Works Administrator Rick H. Kennedy, Director of Public Works/City Engineer Coordinated with: Charles L. Rough, Jr., City Manager Attachments: 1. Bid Tabulation APPROVED: ~ ~" ~/~ ~- R: 1 ~AIRPORT ABEACON Award of Bid to Beacon Construction to Furnish and Install an Above-Ground Fuel Storage Tank at the Ukiah Municipal Airport October 5, 1994 Page 2 Pending approval of the loan by the State Aeronautics Division, Beacon Construction has extended their bid twice. The most recent extension is to October 17, 1994. Staff received a verbal approval of the loan from the State Aeronautics Division on September 28, 1994. The terms of the loan are expected to be a ten year loan at 6 percent which would result in a total indebtedness of $219,843.65, and annual payments of $21,984.48. Staff recommends that City Council award the bid for the construction and installation of a above-ground fuel storage tank at the Ukiah Municipal Airport to the lowest bidder, Beacon Construction, in the amount of $149,734.00, subsequent to written confirmation of the loan from the State. R:IhMRPORT ABEACON ITEM NO. 7¢ DATE: OCTOBER 5, 1994 AGENDA SUMMARY REPORT SUBJECT: AWARD CONTRACTS FOR ASPHALT GRINDER/MILLING MACHINE, ROLLERS AND TRAILER AND AUTHORIZE CHANGE IN PAVEMENT REPAIR EQUIPMENT In response to the City's Request for Bids for the acquisition of various pavement repair equipment, bids were submitted by various suppliers and publicly opened by the City Clerk on September 20, 1994. Bid results are attached. CONTINUED ON PAGE 2 RECOMMENDED ACTION: Authorize change in pavement repair equipment, cost of which will not exceed budgeted amount of $205,000 and award equipment purchase contracts to: . Pavement milling machine to Nixon Egli Equipment Company for 3-Wheel W500 Wertgen in the amount of $121,735.19. . Tandem drum vibratory roller to Petersen Tractor for Caterpillar Model CB-214C in the amount of $22,987.97. . Tandem drum walk-behind vibratory compactor to Westco Tractor for Case Model 50 in the amount of $9,883.09. . Tandem axle low profile trailer to Rainbow Ag for Modem 1200 BT14 in the amount of $3,398.48 and waive bid irregularity. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Award trailer bid to E. R. Bacon Company for ZIEMAN 1140 in the amount of $3,566.06 at 5 % discount in 21 days. 2. Not award tandem drum walk-behind vibratory compactor. Acct. No. (if NOT budgeted):N/A Acct. No.: 100-3110-255 Appropriation Requested: N/A (If Budgeted) Citizen Advised: Requested by: Rick H. Kennedy, Director of Public Works/City Engineer Prepared by: Rick H. Kennedy, Director of Public Works/City Engineer Coordinated with: Charles L. Rough, Jr., City Manager Attachments: APPROVED:~~~'/4/~-, R:I'~PW:kk AMILLING Award Contracts for Asphalt Grinder/Milling Machine Rollers and Trailer and Authorize Change In Pavement Repair Equipment. October 5, 1994 Page 2 Staff is recommending that the list of equipment that was authorized for acquisition during the 1994/95 budget year be modified. At budget time, it was anticipated that the following equipment would be needed to perform permanent full depth asphalt repairs. EQUIPMENT BUDGET AMOUNT Asphalt Grinder Skip Loader with Backdrag Roller with trailer $145,000 35,000 25,000 EQUIPMENT SUBTOTAL $205,000 Prior to preparing the bid specification documents, Staff discovered the existence of a new patented trench paver that can be attached to a loader bucket. This paving attachment costs $1,640.93 and was acquired in accordance with the City's purchasing guidelines; it replaces a portion of the skip loader with backdrag. The largest grinder/milling machine which can be acquired within our budget has a cutting width of approximately 19 inches. The average wheel path trench repair will fall within a 24 inch to 30 inch width range. The smallest vibrating, double drum, double drive roller has a 40 inch drum width. Because the drum width is larger than the average trench repair width, it is necessary to have a drum walk-behind vibratory compactor with a drum width of 24 inches to compact the first asphalt lift which is the base course. The final course or second asphalt lift will be finish rolled with the 40 inch wide roller. Staff is recommending that the skip loader be replaced with the combination of a trench paver and a skid steer loader which costs approximately $27,000. Staffs proposed changes in equipment would cost less than the budgeted amounts. PROPOSED EQUIPMENT AMOUNT BID 1 - Pavement Milling Machine (Wirtgren 3-wheel W500) BID 2 - Tandem drum vibratory roller (CAT 214C) BID 3 - Trailer (Rainbow Ag) BID 4 o Tandem drum walk-behind (Case 50) $121,735.19 22,987.97 3,398.48 9,883.09 ESTIMATED 5 - Steer Skid Loader PURCHASED 6 - Patented trench paver 27,000.00 1,640.93 TRENCH PAVING EQUIPMENT SUBTOTAL $186,645.66 Total difference between approved expenditure and proposed is $18,354.34 savings. The two lowest responsive bids for the trailer are from Rainbow Ag (Modern 1200) and E. R. Bacon (3 ZIEMAN 1140), however, it is noted that the bid from Rainbow Ag was not signed. Rainbow Ag has indicated that their bid is good and that their failure to sign the bid was an oversight. Although the Road Supervisor is recommending that the award be made to the second lowest bidder because of the trailer's gross vehicle weight rating and its length which would not require the driver to have a Class A or B license, the Director of Public Works is recommending that the award be made to the lowest responsive bid. Award Contracts for Asphalt Grinder/Milling Machine Rollers and Trailer and Authorize Change In Pavement Repair Equipment. October 5, 1994 Page 3 As per our budget, Staff is requesting that the purchase of the pavement milling machine and the tandem drum vibratory roller be financed through lease purchase. An actual lease purchase agreement will be brought to the Council for your review and consideration at the next meeting. R: i ~t~v' AMILLING 0 0 © ! o o o ~ 0 0 0 0 ~ ~ ~ o ~ ~ O~ ~ ~ ~ 0 ~ ~ ~ o o ~ ~ ~ ~ ~ o ~ ~ o ~ .~ ~o ~ ~ ~ ~ ~ O. O~ O~ D~ o ~ ~ ~ o o ~ ~ 0 ~! ~ ~ o ~ o ~ o o o ~ m o~ o ~ ~ ~ o '° ~ ~ ~ ° ~ ~ ~ ~ z ~ z =~ ~ ~ ~. · O~ O~ O~ o ~ ~ o ~ ~ ~ ~ o ~ ~ o ~ O0 ~0 ~ ~ ~ w m ~o ~m O~ ~ O~ZH OZ 0 ~ ~ 0 ~ ~ 0 ~ ~i o . · o ~ ~ ~ o ~ ~ O0 ~0 ~ ~ ~ 0 0 0 ~: I I ~ r~ 0 a, TANDEM DRUM VIBRATORY COMPACTOR REG E 12006 PETERSON E.R. BACON WESTCO CCME EMPIRE TRACTOR CO. TRACTOR TRACTOR MAKE CATERPILLAR WACKER VIBROMAX DYNAPAC I.R. MOD. MOD. CB- MOD. MOD W-242 MOD. CC122 DD-22 214C WHK5100 BID $21,434.00 $22,000.00 $25,198.00 $25,525.00 $27,380.00 TAX $41,553.97 $1,595.00 $1,826.86 $1,850.56 $1,985.05 TOTAL $22,987.97 *$23,595.00 $27,024.86 $27,375.56 $29,365.05 TERMS NET 10 5% DISCOUNT NET NET 30 NET 10 21 DAYS *$22,415.25 DELIVERY 60 DAYS 60-90 DAYS 11-1-94 NOT STATED 8-10 WEEKS OPERATING 5,247 LBS. 3,770 LBS. 5,512 5,520 LBS. 5,750 WEIGHT LBS. LBS. WARRANTY STANDARD NOT STATED 1 YR. 1 YR. OR 1 YR. OR CAT 1,500 HRS. 1,000 6 MOS. HRS. EXCEPTIONS WATER TANK- WATER TANK- NONE DRUM WIDTH OIL 42 GAL. VS 42 GAL. VS 47" VS 46" PRESSURE 43 GAL. 43 GAL. MAX. LIGHT VS GAUGE. CENTRIFUGAL CENTRIFUGAL WATER SYSTEM FORCE - FORCE - NOT VARIABLE. 5715 VS 5625 VS 6300. 6300. BATTERY CHG., OIL PRESSURE, OPERATING OPERATING TEMP., AND WT. - 5247 WT. - 3770 HYD. OIL VS 5550. VS 5550. TEMP. - LIGHTS VS ENGINE H.P. GAUGES. OF 20 VS 41. STEVENSON NIXON-EGLI NIXON-EGLI NIXON-EGLI NIXON-EGLI SUPPLY MAKE N/B A. DYNAPAC B. DYNAPAC C.BEUTHLING D. LEEBOY MOD. CC122 MOD. CC102 MOD. B350 MOD. 400 BID $25,667.00 424,902.00 $34,766.00 $19,515.00 TAX $1,860.86 $1,805.40 $2,520.54 $1414.84 TOTAL $27,527.86 $26,707.40 $37,286.54 $20,929.84 TERMS NET NET NET NET DELIVERY 30-60 DAYS 30-60 DAYS 30-60 DAYS 30-60 DAYS OPERATING 5,520 LBS. 5,370 LBS. 7,100 LBS. 5,000 LBS. WEIGHT WARRANTY 1 YR. OR 1 YR. OR 2 YRS. 90 DAYS 1,500 HRS. 1,500 HRS. EXCEPTIONS DRUM WIDTH OPERATING OPERATING VIBRATING 47" VS 46" WT. - 5370 WT. - 7100 DRUM - MAX. VS 5550. VS 5550. REAR ONLY VS BOTH. WATER WATER SYSTEM NOT SYSTEM NOT FREQUENCY- VARIABLE. VARIABLE. 2000 VS 3000. BATTERY BATTERY CHG., OIL CHG., OIL PROPULSION PRESSURE, PRESSURE, - TEMP., AND TEMP., AND REAR DRUM HYD. OIL HYD. OIL ONLY VS TEMP. - TEMP. - BOTH. LIGHTS VS LIGHTS VS GAUGES. GAUGES. TRAVEL SPEED - 0- 4.5 MPH VS 0-5 MPH. BRAKES - REAR DRUM ONLY. , , TANDEM DRUM WALK-BEHIND VIBRATORY COMPACTOR REG E 12007 WESTCO E.R. BACON EMPIRE STEVENSON NIXON-EGLI TRACTOR CO. TRACTOR SUPPLY EQUIPMENT CO. MAKE CASE STOW I.R. MOD. WACKER WACKER MOD. 50 MOD.VDR-550 DX-60 MOD. W55 MOD. W55 BID $9,215.00 $9,777.77 $10,175.00 $10,871.18 $13,369.00 TAX $668.09 $708.89 $737.69 $788.16 $969.25 TOTAL $9,883.09 *$10,486.66 $10,912.69 $11,659.34 $14,338.25 TERMS NET 5% DISCOUNT NET 10 NET 30 NET 21 DAYS *$9,962.33 DELIVERY 10/15/94 60-90 DAYS 8 WKS 4 WKS 30-60 DAYS OPERATING 1,146 LBS. 1,120 LBS. 1,323 LBS. 1,642 LBS. 1,642 LBS. WEIGHT WARRANTY 6 MOS. NOT NOT NOT 1 YR. INDICATED INDICATED INDICATED ON BID ON BID ON BID EXCEPTIONS 4 LIFT NOT DRUM WIDTH NONE NONE HOOKS ON INDICATED 24" VS COMPACTOR ON BID 23.6" MAX. TANDEM AXLE LOW PROFILE TRAILER REG E 12008 E.R. BACON RAINBOW WESTCO E.R. BACON STEVENSON WESTCO CO. AG. CO. MAKE WACKER MODERN ZIEMAN ZIEMAN ZIEMAN ZIEMAN T3500 1200 BT14 1137 1140 1137 1140 PRICE $2,444.44 $3,168.75 $3,300.00 $3,500.00 $3,920.00 $4,250.00 TAX $177.22 $229.73 $239.25 $253.75 $284.20 $308.13 TOTAL *$2,621.66 $3,398.48 $3,539.25 *$3,753.75 $4,204.20 $4,558.13 TERMS 5% DISCOUNT NET NET 5% DISCOUNT NET 30 NET 21 DAYS 21 DAYS *$2,490.58 *$3,566.06 DELIVERY 60-90 DAYS 3-4 WKS. 11-1-94 60-90 DAYS 4 WKS. 11-1-94 G.V.W.R. 4720 LBS. 10,400 7720 LBS. 7900 LBS. 7720 LBS. 7900 LBS. LBS. PAYLOAD 3500 LBS 8560 LBS. 6200 LBS 6150 LBS. 6200 LBS. 6150 LBS. EXCEPTIONS DOES NOT MEETS DOES NOT MEETS SPEC DOES NOT INC. TILT MEET SPEC. SPEC MEET SPEC. MEET SPEC. SNUBBERS SINGLE AXLE DID NOT SINGLE AXLE SINGLE AXLE MEETS SPEC SIGN BID WILL NOT FORM MEET 5300 LB PAYLOAD SPECS CAPACITY LOST FOR FOR ROLLER. BID QUOTATION LAMPSON NIXON- NIXON-EGLI LAMPSON LAMPSON EMPIRE EGLI TRACTOR MAKE A. TRAILMAX A. ZIEMAN B. ZIEMAN B. C. TRAILMAX N/B T-10-UR 1165 1150 TRAILMAX T-12-UR T-7-UR PRICE $4,500.00 $4,617.00 $4,679.00 $4,750.00 $5,168.00 TAX $326.25 $334.73 $339.23 $344.38 $374.68 TOTAL $4,826.25 $4,951.73 $5,018.23 $5,094.38 $5,542.68 TERMS NET NET NET NET NET DELIVERY IN STOCK 30-60 30-60 DAYS NOT NOT STATED DAYS STATED G.V.W.R. 12,785 LBS. 9,999 9,999 LBS. 8,860 14,575 LBS. LBS. LBS. PAYLOAD 10,400 LBS 7,299 7,879 LBS 7,000 12,000 LBS. LBS. LBS. EXCEPTIONS 1993 DEMO M.E.M.O.R.A.N.D.U.M DATE: TO: FROM: RE: September 27, 1994 Rick H. Kennedy, Director of Public Works/City Engineer Jim Looney, Street Division Supervisor TANDEM AXLE TRAILER, TANDEM DRUM ASPHALT COMPACTOR, TANDEM DRUM WALK-BEHIND ASPHALT COMPACTOR I have reviewed the bids and specifications submitted on the equipment listed above for the tandem axle low profile trailer. I recommend the Zieman 1140 submitted by Edward R. Bacon Company for $3,753.75. Although it is not the lowest bid, it fully meets the needs of our Department. The Modem 1200 BT14, submitted by Rainbow Ag, is the lowest bid at $3,398.48. The Modem 1200 has a G.V.W.R. of 10,400 lbs., and a length of 20.5 feet. The Zieman 1140 has a G.V.W.R. of 7,900 lbs., and a length of 18 feet 2 inches. A Class "B" license is required to pull a trailer over 10,000 G.V.W.R. A Class "A" license is required to operate vehicles in combination over 40 feet in length. To avoid restrictions on which personnel will be able to transport our equipment, because of license requirements, I prefer the Zieman 1140. All tandem drum rollers with double drum and double drive, appear fully capable of performing to our optional needs. I recommend the Caterpillar Model CB-214C for its low bid. As with the larger roller for the tandem walk-behind, all bids appear capable of meeting our needs. I recommend the low bid by Westco Tractor's Case Model 50. JL:kk R:I'~PW MKENNEDY.3 M.E.M.O.R.A.N.D.U.M DATE: TO: FROM: September 22, 1994 Rick H. Kennedy, Director of Public Works/City Engineer Jim Looney, Street Division Supervisor COLD PAVEMENT MILLING MACHINE After careful review of the bids and specifications submitted for the cold pavement milling machine, it is my recommendation to purchase the Wirtgen Model W500 offered by Nixon-Egli Equipment Company. Along with being the lowest bidder for a new machine, the three (3) wheel model with its smaller grinding radius, offers more versatility for the Street Department's future capabilities. In addition, the Wirtgen W500 three (3) wheel model is the only milling machine offered that is under the necessary weight limit to be transported on our equipment trailer. I have observed all the machines offered in operation and the Wirtgen appears to be capable of meeting the needs of the Street Department. R:I~Ar MKENNEDY.2 FORD Tractor Loader 545D Specifications The Ford model 545D is designed for extra heavy duty industrial/utility loader and landscaping applications. Features such as hard steel front shell, industrial front axle, and engine with cast-iron oil pan, protect the unit from jobsite damage. ENGINE Ford 62 SAE net horsepower. 201-cubic inch displace- ment. Dual dry-element air cleaner. Two-stage fuel filter- ing. Manifold cold start aid. Electric fuel shut-off. TRANSMISSIONS Choose from three transmissions: · Six speeds forward, four reverse, constant mesh, manual shuttle transmission with independent PTO. 13-inch organic clutch · Four speeds forward, four reverse, fully synchronized gearbox. Torque converter with forward to reverse powershift · Eight speeds forward, eight reverse, fully synchronized gearbox. Torque converter with forward to reverse power- shift. 540-rpm independent PTO. Electrically-activated torque converter Iockup forms direct drive coupling of engine and transmission. LOADER One-cubic yard or 7/8-cubic yard treadwidth bucket. 4-bar bucket linkage. 5,000-lbs. lift capacity. Single-lever control. Bucket level indicator. Self leveling. Return-to-dig. FRONT AXLE 58-inch fixed tread. 10,000-lbs. load rating. Hydrostatic power steering. OPTIONAL FRONT-WHEEL-DRIVE AXLE 13,860-1bs. load rating. 18-degree oscillation. Centerline drive. On-the-go shift. REAR AXLE 61-inch fixed tread. 11,500-lbs. load rating. Multi-plate, wet-disc brakes. ELECTRICAL 12-volt battery. 55-amp alternator. Solid state voltage regulator. Head lamps, four-way flasher, tail lamps. THREE-POINT HITCH Open-center system with hydraulic position and load control. Category I links. LOADER HYDRAULIC SYSTEM Open-center design produces force to match demand. Leak free O-ring fittings. 26-gpm gear pump. Separate hydraulic reservoir. OPERATOR STATION Two- or four-post ROPS/FOPS, industrial cushion seat or optional suspension seat. Deluxe cab with cloth suspen- sion seat, two doors, heater, floor mat, wiper/washer, opening side and rear windows, halogen work lights, brake lights, tinted glass and ROPS/FOPS protection. Seat belts. Hand and foot throttle. Instruments: Tachome- ter/hour meter, fuel gauge, coolant temperature gauge, engine oil pressure warning lamp, transmission oil temperature warning lamp, air cleaner restriction lamp, charging system warning lamp. Super Boom productivity builds profitability L-781 50-hp air-cooled diesel engine L-783 57-hp liquid-cooled diesel engine L-780 Series Specifications A. Overall length (with bucket) B. Overall height (bucket lowered) C. Wheelbase D. Height to hinge pin (boom raised) E. Dump height 12' 0.75" (3658 mm) 6' 4.5" (1943 mm) 48" (1219 mm) 10' 1.5" (3086 mm) 8' 3" (2515 mm) E Dump reach (at max. height) 34' (864 mm) G. Dump angle 46 degrees H. Rollback angle 36 degrees Ground clearance 6.75" (171 mm) Wheel tread 57" (1448 mm) Overall width (12 x 16.5 tires) 5' 9.75" (1759 mm) L-780 Series Performance Ratings SAE Operating load 2050 lbs (930 kg) Operating weight* L-781 5645 lbs (2560 kg) L-783/L-785 5740 lbs (2603 kg) Hydraulic lift capacity 2200 lbs (998 kg) Breakout force 4060 lbs (1841 kg) Tipping load without weights 4149 lbs (1882 kg) Travel speed L-781/L-785 0-12 mph (19.3 kph) L-783 0-7 mph (11.3 kph) *with fuel, operator, bucket, tires and battery Super Boom loaders do more for you with a variety of attachments 14 ITEM NO. ?(~ DATE: October 5, 1994 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION APPROVING GRANT DEED AND AUTHORIZING MAYOR TO SIGN, COMMUNITY DEVELOPMENT COMMISSION OF MENDOCINO COUNTY-1461 BUSH STREET As part of the transition of the Observatory Property from the Federal government to the City, the City agreed to transfer ownership of its vacant lot on North Bush Street (1461) to the Community Development Commission of Mendocino County (cdc) for development of Iow and moderate income housing. The grant deed to implement this compact has been prepared and is ready to be executed. CDC is working toward affordable long term housing on this site which is consistent with the goals and objectives of the City's Housing Element. Staff recommends that the grant deed be approved and the Mayor authorized to sign it. RECOMMENDED ACTION: Adopt resolution approving grant deed to CDC and authorizing Mayor to sign grant deed. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine grant deed should not be executed and do not adopt resolution. 2. Determine alterations or conditions to the grant deed are necessary, identify those changes, and adopt the resolution with the modifications stated. Acct. No. (if NOT budgeted): Acct. No.: Appropriation Requested: (if budgeted) Citizen Advised: Community Development Commission of Mendocino County Requested by: Community Development Commission of Mendocino Countyc~ ~'~ ~, , Prepared by: Michael F. Harris, AICP, Assistant to the City Manager~ Coordinated with- Dave Rapport, City Attorney, and Charles L. Rough, Jr., City Manager Attachments: 1. Resolution for adoption, pages 1-4. mfh:admin ASR CDC GRANT DEED RESOLUTION 10/5/94 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIA~ APPROVING GRANT DEED AND AUTHORIZING MAYOR TO SI~N SAME. WHEREAS, 1. The City of Ukiah ("City") and the Community Development Commission of Mendocino County ("CDC") entered an agreement on June 17, 1992, under which the City agreed to convey to the CDC title to City owned property located at 1461 Bush Street, %Tkiah, Ca. 95482 and known as Mendocino Assessor's Parcel No. 170-220-07 {"the Property"); and 2. The City is obligated ~o convey ~he Property to the CDC once the Government Accounting Office ("GSA") conveys to ~he City title to the former International Latitude Observatory owned by the federal government and located between Observatory and Luce Streets in the City of Ukiah ("the Observatory Property"); and 3. On , 199_, the GSA conveyed the Observatory Property to the Ci=y and the other preconditions to conveying the Property have been satisfied; NOW, THEREFORE, BE IT RESOLVED that the City Council approves the Grant Deed attached h. ereto as Exhibit A and incorporated herein by 'reference and authorizes the Mayor to sign the deed on behalf of the City. Staff is thereafter directed to deliver the deed to the CDC which is authorized to record the deed. PASSED AND ADOPTED this roll call vote: th day of October, 1994, by the following AYES: NOES: ABSENT: ATTEST: Fred Schneiter, Mayor Cathy McKay, City Clerk Recording Requested by: Mendocino County CommuniUy Development Commission When Recorded, Mail to: Mendocino County Community Development Commission Attention: Michael Pucci, Director 1076 N. State Street Ukiah, CA. 95482 No Consideration No Documentary Transfer - Tax Free APN 170-220-07 DEED The City of Ukiah ("City"), a political subdivision, does hereby grant unto the Mendocino County CommUnity Development Commission ("CDC") , a public corporation created pursuant to Chapter 2, Part 2 (commencing with Section 34200) of the Health and Safety Code, the following described real property ("the Property" ): Lot 7, as numbered and designated upon the map of Phase II, Unit 2, Tract 201 vineyard View Estates, a subdivision, filed for record June 19, 1981, in Map Case 2, Drawer 38, Page 16, Mendocino County Records. Title to the above described land i~ conveyed subject to any valid existing easements for public roads, highways, public utilities, pipelines, and any other valid easements or rights of way now of record. The grant described herein is subject to the following condition subsequent. Title to the Property, including title to any improvements located thereon, shall automatically revert to the City and the City shall have the right to enforce the reversion as provided in Civil Code Section 885.050 or any successor provisions of state law, if the CDC should fail to develop low or moderate income housing on the Property within a period of ten (10) years from the date the deed conveying title to the Property is recorded in the Mendocino County Recorder's Office. For the purpose of this provision, the following terms shall have the following meanings: (1) "Low income housing" shall mean either single family, duplex' or apartment units made affordable to persons or families whose incomes do not exceed the qualifying limits for very low or lower income families as established from time to time pursuant to Section 8 of the United States Housing Act of 1937; (2) "Moderate income housing" shall mean either single family, duplex or apartment units made affordable to persons or families whose incomes do not exceed the qualifying limits for moderate income families as established from si\u\docs94\deed.cdc time to time pursuant to Section 8 of the United States Housing Act of 1937; (3) "Develop low or moderate income housing" shall mean the use of the real property to construct low or moderate income housing or the actual occupation of constructed units by persons or families whose incomes do not exceed the qualifying limits for 10w, lower, or moderate income persons or families .as established from time to time pursuant to Section 8 of the United States Housing Act of 1937. Executed this day of , 1994. s ~ \u\do=s94 \deed. cdc $4~D~:ember 23, 1994 ACKNOWLEDGMENT State of California ) ) ss. County of Mendocino ) on before me, Public, personally appeared · Notary [].personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand :-and official seal. OPTIONAL SECTION CAPACITY CLAIMED BY SIG~TER: Though Statute does not require the Notary to fill in the data below, doing so may. prove invaluable to persons relying on the document. [~ Individual [] Corporate Officer(s) Title(s) Partners ~] Limited Attorney- in- Fact Trustee (s) Guardian Other: [] General SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies} s: \u\docs 94 \deed. cdc September 23, 1994 TOTAL P. 06 ITEM NO. ?e AGENDA SUMMARY DATE: October 5, 1994 REPORT SUBJECT: ADOPTION OF RESOLUTION AUTHORIZING SUBORDINATION AGREEMENT AND SIGNATORIES FOR ESPERANZA FORD, 244 CARLTON DRIVE In 1988 the City entered into an agreement to loan Esperanza and Randy Ford $8,000 for improvements to their property at 244 Carlton Drive. This loan is in a "second" position to a loan the Ford's received from HUD, through Security National Bank. The loan was part of the City's Community Development Block Grant program for property rehabilitation, which at that time was administered for the City by the Mendocino County Community Development Commission. Esperanza Ford, now a single woman, is securing a loan from Beneficial Service to pay off the first loan from HUD. Ms. Ford is asking the City to remain in the "second" position to the loan from Beneficial. The City must sign a "Subordination Agreement" in order to remain as a second to her new loan. The action is within the guidelines of the original CDBG program as the funds continue to assist Iow and moderate income housing. The value of both loans does not exceed 80% of the property value as appraised in August. Staff recommends that the Finance Director be given the authority to execute the Subordination Agreement. RECOMMENDED ACTION: Adopt resolution approving Subordination Agreement with Esperanza Ford and authorizing signatories. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine Subordination Agreement is not desired and do not adopt resolution. 2. Determine alterations to the agreement or signatories are necessary, identify those changes, and adopt the resolution with the modifications stated. Acct. No. (if NOT budgeted): Acct. No.: Appropriation Requested: (if budgeted) Citizen Advised: N/A Requested by: Esperanza Ford Prepared by: Carolynn Thomas, Interim Director of Finance Coordinated with: Michael F. Harris, Assistant to the City Manager, Dave Rapport, City Attorney, and Charles L. Rough, Jr., City Manager Attachments: 1. Resolution for adoption, pages 1-3. 2. September 28, 1994 report from the City Attorney, pages 4-5. mfh:admin ASR SUBORDINATION AGREEMENT 10/5/94 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING SUBORDINATION AGREEMENT AND AUTHORIZING SIGNATORY TO AGREEMENT FOR ESPERANZA FORD, 244 CARLTON, UKIAH WHEREAS, on February 25, 1988 the City of Ukiah agreed to loan Esperanza and Randy Ford $8,000 for rehabilitation of their property at 244 Carlton, Ukiah, CA; and WHEREAS, said loan was completed under the City of Ukiah Community Development Block Grant Iow and moderate income housing program; and WHEREAS, Esperanza Ford, now a single woman, is refinancing the subject property and has requested the City's loan remain in the second position, and such action is consistent with the CDBG program guidelines; and WHEREAS, the City of Ukiah desires to continue meeting the goals and objectives of the General Plan Housing Element by assisting Iow and moderate income housing. NOW THEREFORE, BE IT RESOLVED that the City of Ukiah City Council does hereby approve the Subordination Agreement to Esperanza Ford, for property at 244 Carlton (Mendocino County Assessor Parcel Number 001-392-20), in the amount of $8,000, Exhibit A to this resolution, and authorizes the City of Ukiah Director of Finance to execute same agreement. PASSED AND ADOPTED this 5th day of October, 1994 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Fred Schneiter, Mayor ATTEST: Cathy McKay, City Clerk mfh:admin RESOLUTION SUBORDINATION AGREEMENT 10/,5/94 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO N^ME ~-},ENEFICIAL CALIFORNIA INCTM ADO'~ESS PO BOX 768 UKIAH, CA 95482 CITY & SPACE ABOVE THIS LINE FOR RECORDER'S USE SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PRO- PERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. THIS AGREEMENT, made this ..27Tti ........... day of .SE~TEMBEE .................. 19 .9/~.. , by ... ~.S~.E.EA...N.Z.A..F..O~.D.,..A..S.~.h'.C..E.g. ~.O..t,'~.N. ...................................................... owner of the land hereinafter described and hereinafter referred to as "Owner", and . .T_HE .CITY. OF..UKIAH... present owner and holder of the deed of trust and note first hereinafter described and hereinafter referred to as "Beneficiary"; WITNESSETH THAT WHEREAS, ...E.S.F.E..RA.N..Z.A. 7.0.~.D..fiN. p:...RJ.~q..D.Y..F. QP,..D,. ..................................... did execute a deed of trust, dated . . F. E. .B .R .U .A .R ~. . 2. 5. T.H,..1 ~).8.8. ........ to .F.!R.S.T..A~...E.E.I.C.A..~. ?.[.T.L.E. ....... ...... I.N.S.U..I~.N.C.E..C.O.HP..A.N.¥,..A..C.A.L.%~QgN..[.A..C.O.K~.Q .R4%.[.O~.. ...................... as trustee, covering: EXHIBIT "A" LOT 17 AS NUMBERED AND DESIGNATED UPON THE MAP OF EMPIRE G~RDENS SUBDIVISION NO. 3, RECORDED JULY 11, 1955 IN MAP CASE I, DRAWER 10, PAGE 17, MENDOCINO COUNTY RECORDS. APN 001-392-20 to secure a note in the sum of $ . .8,.opp...qq ............ dated . .F.E.B.R.U.A..R.Y..2.5 ....1.9.8.8. ................. in favor of . .T.H~; .(;IT~..O.F..U.K.I.A .H ................................................................ which deed of trust was recorded .MAY. 3;l.j..1.9.8.8. ......... in book .]~01~I~ ......... page . .2.7 ............ Official Records of said county; and WHEREAS, Owner has executed, or is about to execute, a deed of trust and note in the sum of $ ..... 6_2,000,00 ............................. dated... SEP.T.EHBE~,. 28°..1.9.9..4 .................... in favor of .. BE[qEFIC'[AL .CALIFORN.Z.A .].NC ...................................................... hereinafter referred to as "Lender", payable with interest and upon the terms and conditions described therein, which deed of trust is to be recorded concurrently herewith; and WHEREAS, it is a condition precedent to obtaining said loan that said deed of trust last above mentioned shall unconditionally be and remain at all times a lien or charge upon the land hereinbefore described, prior and superior to the lien or charge of the deed of trust first above mentioned; and WHEREAS, Lender is willing to make said loan provided the deed of trust securing thp,same is a lien or charge upon the above described property prior and superior to the lien or charge of the deed of trust first above mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the deed of trust first above mentioned to the lien or charge of the deed of trust in favor of Lender; and -1- WHEREAS, it is to the mutual benefit of the parties hereto that Lender make such loan to Owner; and Beneficiary is willing that the deed of trust securing the same shall, when recorded, constitute a lien or charge upon said land which is unconditionally prior and superior to the lien or charge of the deed of trust first above mentioned. NOW, THEREFORE,, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency o! which consideration is hereby acknowledged, and in order to induce Lender to make the loan above referred to, it is hereby declared, understood and agreed as follows: (1) That said deed of trust securing said note in favor of Lender, and any renewals or extensions thereof, shall unconditionally be and remain at all times a lien or charge on the property therein described, prior and superior to the lien or charge of the deed of trust first above mentioned. (2) That Lender would not make its loan above described without this subordination agreement. (3) That this agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the deed of trust first above mentioned to the lien or charge of the deed of trust in favor of Lender above referred to and shall supersede and cancel, but only insofar as would affect the priority between the deeds of trust hereinbefore specifically described, any prior agreements as to such subordination including, but not limited to, those provisions, if any, contained in the deed of trust first above mentioned, which provide for the subordination of the lien or charge thereof to another deed or deeds of trust or to another mortgage or mortgages. Beneficiary declares, agrees and acknowledges that (a) He consents to and approves (i) all provisions of the note and deed of trust in favor of Lender above referred to, and (ii) all agreements, including but not limited to any loan or escrow agreements, between Owner and Lender for the disbursement of the proceeds of Lender's loan; (b) Lender in making disbursements pursuant lo any such agreement is under no obligation or duty to, nor has Lender represented thai it will, see to the application of such proceeds by lhe person or persons to whom Lender disburses such proceeds and any application or use of such proceeds for purposes other than those provided for in such agreement or agreements shall not defeat the subordination herein made in whole or in part; (c) He intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the deed of trust first above mentioned in favor of the lien or charge upon said land of the deed of trust in lavor o! Lender above referred to and understands that in reliance upon, and in consideration of, this waiver, relinquishment and subordination, specific loans and advances are being and will be entered into which would not be made or entered into but for said reliance upon this waiver, relinquishment and subordination; and (d) An endorsement has been placed upon the note secured by the deed of trust first above mentioned that said deed of trust has by this instrument been subordinated to the lien or charge of the deed of trust in favor of Lender above referred to. NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN, A PORTION OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND. Beneficiary Owner (All signatures must be acknowledged) -2- This Form Furnished by Fidelity National Title Insurance Company FO-46-A (~2/90) IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. (SUBORDINATION FORM "A") TO UKTRH P. 01 ,~ Law Offices Of David J. Rapport Lester J. Marston RAPPORT AND MARSTON An Association of Sole Practitioners 200 W, Henry Street P.O. Box 488 Ukiah, California 95482 FAX TRANSMITTAL (7O7) 462-6846 FAX 462-4235 ~The information contained in this facsimile message ~s legally privileged and confidential info,nation intended solely f~r the use of the pemon$ or entities named below. If you are not such persons er entities, you are hereby notified that any d~stribution, dissemination or reproduction of this facsimile message is s~ctly prohibited, If you have received this message in error, please ,~,ail us collect at (707) 462-6846. ; TO: FAX NO; DATE: FROM: PAGES: {Including cover sheet) , · ! Karen Yost Ukiah September 28, 1994 David J. Rapport 2 HARD COPY WILL FOLLOW VIA STANDARD :UNITED STATES MAIL HARD COPY WILL FOLLOW VIA FEDERAL EXPRESS HARD COPY WILL FOLLOW via HAND DELIVERY X HARD COPY WILL NOT FOLLOW MESSAGE: ._R_e_:..Subordination agreement for Esperanza Ford I reviewed the subordination agreement you sent over, Apparently, Esperanza and Randy Ford received a loan from the City (probably one of those Iow income housing loans that must be repaid if the house sells within a certain period of time). Esperanza has apparently divorced Randy, because she has applied for a $62,000 loan from Beneficial Finance as a single woman. Currently, HUD, under assignment from Security National Bank, holds a first trust deed securing a $36,250 loan and the City holds the second. Eseperanza would pay off the first with the loan from _q- 09-28-199~ 01:5~PM FROM RAPPORT AND MARSTON TO UKIAH P.02 Beneficial. Beneficial won't make the loan, unless the City agrees to keep its second position by ;subordinating its deed of trust to Beneficiars. If the City is willing to do this, the proposed subordination agreement is in proper form. Unless such lauthodty was granted when the City Council first approved this loan, i don't think any City official has ;the authority to sign the subordination agreement. It should go to the City Council with a resolution japproving it and authorizing the Finance Director or City Manager to sign. ITEM NO. 9a DATE: October 5, 1994 AGENDA SUMMARY REPORT SUBJECT: REPORT FROM CITY COUNCIL SUBCOMMITTEE REGARDING ALCOHOL CONSUMPTION IN CITY PARKS At your May 18, 1994 meeting, the City Council was presented with a proposed resolution and recommendation by staff to require a permit for consumption of alcoholic beverages within City Parks. During the course of City Council's consideration of this proposal, a number of questions and issues were raised by the Council which resulted in a request for additional information by staff. Staff presented a report with the requested information at the August 3, 1994 City Council meeting. This report included a City survey of other communities, actual police activity statistics related to this problem, applicable laws, and a sedes of options for Council consideration. After a great deal of discussion, it was decided to refer the matter to a Council Subcommittee comprised of Councilmembers Mastin and Wattenburger. (Continued on Page 2) RECOMMENDED ACTION: After consideration, City Council ratify Subcommittee's recommendation relative to "no change" in City policy regarding alcohol consumption in City Parks. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Adopt policy stipulating no consumption of alcohol in all City Parks. 2. Adopt policy allowing alcohol consumption in Parks by permit only. Acct. No. (if NOT budgeted): N/A Acct. No.: Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: Ukiah City Council Prepared by: Charles L. Rough, Jr., City Manager Coordinated with: Councilmembers Jim Mastin and Jim Wattenburger Attachments: 1. None. R:4/CM ASRDr 9b. ITEM NO. DATE: October 5, 1994 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION REGARDING MAYORAL NOMINATION FOR COMMISSION APPOINTMENT PROCESS The Ukiah City Code prescribes that new members to City Commissions are to be "...appointed by the Mayor with the approval of the City Council.". This process has been the subject of debate on previous occasions, and further consideration has been requested by Councilmember Mastin. The procedure is strictly established by local policy, with no state dictum other than that the nomination and approval be completed in the open with no secret ballot. Attached are the applicable sections of the City code addressing the Commissions and Board established by ordinance. Staff recommends the City Council discuss this matter and determine if the present system is to remain the same or be modified. If the process is to be altered, a code change in the form of ordinance introduction and adoption is necessary. Such action could not occur at this meeting. RECOMMENDED ACTION' Discuss Commission appointment process. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine discussion is not necessary and withdraw item from the agenda. 2. Determine code modifications are necessary and direct staff to initiate process to implement changes as desired. Acct. No. (if NOT budgeted): Acct. No.' Appropriation Requested: (if budgeted) Citizen Advised: N/A Requested by: Councilmember Mastin ~~J,.~~ 4~ ' ' ~ '"'""'~ ~..,-.~ Prepared by: Michael F. Harris, AICP, Assistant to the City Manager Coordinated with: Charles L. Rough, Jr., City Manager Attachments: . Ukiah City Code Sections 1001, 1011, 1050, 1101, 1151, and 1200, pages 1-6. mfh:asr ASR MAYORAL APPOINTMENTS 10/5/94 § 1000 § 1 OO2 ARTICLE 1. CHAPTER 4 COMMISSIONS AND BOARDS1 PARKS AND RECREATION COMMISSION SECTION: §1000: §1001: § 1002: § 1003: §1004: §1005: Creation Membership; Appointment Term of Office; Vacancies Duties and Powers of the Commission Expenses of Members; No Compensation Chairperson; Officers §1000: CREATION: There is hereby created a Parks and Recreation Commission. This advisory body shall report to the City Council. (Ord. 783, §1, adopted 1982; amd. by Ord. 916, §2, adopted 1990) §1001: MEMBERSHIP; APPOINTMENT: Said Commission shall consist of seven (7) members, five (5) of whom shall be residents of the City and two (2) of whom may r~side outside the City but within the City's sphere of influence as approved by the\ Local Agency Formation Commission. All members of the Commission shall be appointed} l by the Mayor with the approval of the City Council. (Ord. 783, §1, adopted 1982; amd. by Ord. 890, adopted 1989; Ord. 916, §2, adopted 1990; Ord. 935, §2, adopted 1993) §1002: TERM OF OFFICE; VACANCIES: No members of the Parks and Recreation Commission will lose their term of office by enactment of this ordinance. All appointments to this Commission shall be for a term of three (3) years. Reappointments to the Commission shall be pursuant to Chapter 4, Article 5 of the Municipal Code of the City. (Ord. 783, §1, adopted 1982; amd. by Ord. 916, §2, adopted 1990) 1. Ord. 537, Chapter 4, Article 1 and Ord. Nos. 704, 706, 718, Article l(a) are hereby repealed by Ord. 783, adopted 1982. 4/93 1027 -- t '- §1010 §1012 CHAPTER 4 COMMISSIONS AND BOARDS ARTICLE lA. CULTURAL ARTS ADVISORY BOARD SECTION' §1010: §1011: §1012: §1013: §1014: §1015: §1016: Creation Membership; Appointment Term of Office; Vacancies Duties and Powers of the Advisory Board Expenses of Members; No Compensation Chairperson; Officers Attendance §1010' CREATION: There is hereby created a Cultural Arts Advisory Board. This advisory body shall report to the City Council. (Ord. 916, §1, adopted 1990) Ia§1011: MEMBERSHIP; APPOINTMENT: Said Advisory Board shall consist of thir- teen (13) members, at)pointed by the Mayor with the approval of the City- Council. There shall be six (6) public members and seven (7) members representing cultural organizations, as identified in a resolution adopted by the City Council from time to time. A recommendation for appointment of organization representatives shall be provided by a majority vote of the Board of Directors of the represented organization acting at a duly called meeting according to the bylaws of the organization. An organizational member may be represented at no more than four (4) meetings in any twelve (12) month period by an alternate appointed by majority vote of the represented organization. (Ord. 916, §1, adopted 1991; amd. by Ord. 924, §1, dopted 1992) §1012: TERM OF OFFICE; VACANCIES: All appointments to the Advisory Board shall be for a term of three (3) years. Appointments to fill vacancies during 3/92 1029 {}1050 {}1052 CHAPTER 4 COMMISSIONS AND BOARDS ARTICLE 2. INDUSTRIAL DEVELOPMENT COMMISSION SECTION: §1050: {}1051: {}1052: {}1053: {}1054: Creation Term of Office Vacancies Chairman; Appointment; Term Powers and Duties of Commission {}1050: CREATION: There is hereby created an Industrial Development Commission which shall consist of five (5) Commissioners who are residents of the City. They shall be appointed by the Mayor with the approval of the City Council and shall serve without compensation. (Ord. 531, §1(2), adopted 1958; amd. by Ord. 718, {}3, adopted 1978) {}1051: TERM OF OFFICE: The terms of three (3) Commissioners shall expire on June 30th at the end of the odd numbered calendar year next following that in which their appointments become effective, and the terms of the other Commissioners shall expire on June 30th at the end of the even numbered calendar year next following that in which their appointments become effective. Thereafter, Commissioners shall be appointed for three (3) year terms. (Ord. 531, §l(a), adopted 1958) §1052: VACANCIES: In the event of a vacancy in the office of a Commissioner, the new appointee shall serve for the balance of his predecessor's term. (Ord. 531, §1(c), adopted 1958) 1031 §1100 §1102 CHAPTER 4 COMMISSIONS AND BOARDS ARTICLE 3. AIRPORT COMMISSION SECTION: §1100: §1101: §1102: §1103: §1104: §1105: §1106: §1107: Creation Members; Appointment; Term of Office Expenses of Members; No Compensation Chairman; Officers Meetings; Rules; Record Commission to Act in Advisory Capacity Selection of Personnel; Advice Purchase of Supplies for Airport; Advise §1100: CREATION: There is hereby created an Airport Commission for the City. (Ord. 512, §1, adopted 1956) §1101: MEMBERS; APPOINTMENT; TERM OF OFFICE: Said Commission shall consist of seven (7) members, five (5) of whom shall be residents of the City and two (2) of whom may reside outside of the City but within the City's sphere of influence as established by the Local Agency Formation Commission. All members shall be appointed by the Mayor with the approval of the City Council. The members shall be appointed for a term of three (3) years which terms shall be staggered. (Ord. 512, §1, adopted 1956; amd. by Ord. 633, §1, adopted 1973; Ord. 718, §4, adopted 1978; Ord. 935, §2, adopted 1993) §1102: EXPENSES OF MEMBERS; NO COMPENSATION: The members of the Commission shall receive no compensation, except such expenses as are authorized by law. (Ord. 512, §1, adopted 1956) 4/93 1 o33 {}1150 §1152 CHAPTER 4 COMMISSIONS AND BOARDS ARTICLE 4. PLANNING COMMISSION SECTION: §1150: §1151: §1152: §1153: §1154: §1155: §1156: §1157: §1158: Creation Members; Appointment Terms of Members Expenses of Members; No Compensation Chairman; Officers Meetings; Rules; Record Appointment of Officers and Employees; Contract for Services; Limitations Duties of the Commission Other Powers and Duties of Commission §1150: CREATION: There is hereby created a Planning Commission for the City. (Ord. 396, §1, adopted 1947) §1151' MEMBERS; APPOINTMENT: Said Commission shall consist of seven (7) members who shall be residents of the City and shall be appointed by the Mayor with the approval of the City Council. (Ord. 396, §1, adopted 1947; amd. by Ord. 632, §1, adopted 1973; Ord. 710, §1, adopted 1978; Ord. 718, §5, adopted 1978) §1152: TERMS OF MEMBERS: Of the members first appointed under this ordinance, two (2) shall be appointed for a term of one year, two (2) for 1 O35 --'5- · §1200 §1201 CHAPTER 4 COMMISSIONS AND BOARDS ARTICLE 5. COMMISSIONS AND BOARDS GENERALLY SECTION: §1200: §1201: §1202: §1203: Terms of Commission or Board Members Limited Vacancy for Absence Residency Right of Appeal §1200: TERMS OF COMMISSION OR BOARD MEMBERS LIMITED: No person shall hereafter be appointed for more than two (2) full consecutive terms without a break in service as a member of a commission or board whose members are appointed by the City Council or by the Mayor with the approval of the City Council, and no person who hereafter has been appointed to and has held the office of such commission or board for more than two (2) years of a term to which some other person was originally appointed shall hereafter be appointed for more than one full additional term without a break in service. Disqualification to serve on any one commission or board shall not constitute disqualification to serve on any other commission or board. "Break in service" as used in this Section shall mean a period of not less than one hundred eighty (180) days after the time a person served on a commission or board during which time said person does not serve on that same commission or board. (Ord. 559, §1, adopted 1964; amd. by Ord. 889, adopted 1989) §1201: VACANCY FOR ABSENCE: Any member of a commission or board who fails to attend three (3) meetings in any consecutive four (4) month period without the approval of the commission or board shall be automatically removed from office and his or her position shall be deemed vacant. The City Council shall fill the resulting vacancy as any other vacancy thereon. (Ord. 559, §1, adopted 1964; amd. by Ord. 721, §1, adopted 1978; Ord. 935, §3, adopted 1993) 4/93 1038 ITEM NO. 9c DATE: October 5, 1994 AGENDA SUMMARY REPORT SUBJECT: RECONSIDERATION OF COUNCIL LIAISON TO UKIAH COMMUNITY CENTER BOARD Councilmember Jim Mastin has expressed a concern with his appointment by the City Council to the Board of Directors of the Ukiah Community Center (UCC). The concern relates to.the Brown Act and whether UCC would be subject to its provisions if he sits on the Board. From staff's reading of the state statute and consultation with the Assistant City Attorney, an appointment by the Council would require UCC to comply with the Act's stipulations. We believe he could retain his original seat on the Board, as he was originally selected prior to his selection to the City Council. Staff is researching further the implications for the other groups to which liaisons are assigned and will report on those at the meeting. As we are all aware the Brown Act has many complexities and its ramifications can be significant. At this time staff recommends that the City Council withdraw its appointment of a Councilmember to the UCC Board and rely on other sources to maintain communication between the two bodies. RECOMMENDED ACTION: City Council withdraw the appointment of a Councilmember to the Ukiah Community Center Board of Directors. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine Councilmember Mastin is the most appropriate appointee and take no action to change Ukiah Community Center liaison. 2. Determine other Councilmember would be appropriate appointee and make appointment. Acct. No. (if NOT budgeted): Appropriation Requested: Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: 1. Acct. No.: (if budgeted) N/A Councilmember Mastin Michael F. Harris, AICP, Assistant to the City Manager Les Marston, Assistant City Attorney, and Charles L. Rough, Jr., City Manager City Council Committee Assignments, effective March 16, 1994, page 1. 2. Excerpts of the,Brown Act statutes, pages 2-3. APPROVED: ._.- - mfh:asr ASR UCC APPOINTMENT 10/5/94 COUNCIL COMMITTEE ASSIGNMENTS COMMITTEE Mendocino Council of Governments (MCOG) Mendocino Council of Governments Economic Development Steering Committee MTA Board of Directors Ukiah Valley Sanitation District City Selection Committee Mendocino Solid Waste Management Authority (JPA) County Overall Economic Development Committee Northern California Power Association NCPA Alternate March 16, 1994I'~ ' .... ~ ' ASSIGNED TO Wattenburger Mastin Mastin Mayor or Vice-Mayor Mayor (Required) Shoemaker city Manager or his designee Schneiter City Manager or Electric Utility Director Redwood Empire Municipal Ins. Fund (REMIF) City Manager Alternate Asst. City Manager Redwood Empire Financing Authority (REFA) City Manager (By Resolution) Chamber of Commerce Liaison Malone League of California Cities Liaison Shoemaker Sun House Guild Malone Ukiah Players Board City Manager Mayor/Managers Committee Mayor/City Manager Valley Wide Task Force Shoemaker/Schneiter City Manager Valley Wide Water Task Force Shoemaker/City Manager or his designee Downtown Master Plan Committee Mastin Redevelopment Finance Review Committee Agency Chairman/ Wattenburger Mastin-Alternate Main Street Board of Directors Malone/City Manager Ukiah Community Center Board of Directors Council Liaison Mastin North Coast Opportunities Board Schne iter/C Manager-Alternate _%-- 54952. Definition of legislative body As used in this chapter, '%gislative body" means: (a) The governing body of a local agency Or any other local body created by state or federal statute. Co) A commission, committee, board, or other body of a local agency, whether permanent or temporary, decisionmaking or advisory, created by charter, ordinance, resolution, or formal action of a legislative body. However, advisory committees, composed solely of the members of the legislative body which are less than a quorum of the legislative body are not legislative bodies, except that standing committees of a legislative body, irrespective of their composition, which have a continuing subject matter jur/sdiction, or a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body are legislative bodies for purposes of this chapter. (c) A board, commission, committee, or other multimember body that governs a private corporation or entity that either: (1) Is created by the elected legislative body in order to exercise authority that may lawfully be delegated by the elected governing body to a private corporation or entity. · (2) Receives funds from a local agency and the membership of whose governing body includes a member of the legislative body of the local agency appointed to that governing body by the legislative body of the local agency. (d) The lessee of any hospital the whole or part of which is first leased pursuant to subdivision (p) of Section 32121 of the Health and Safety Code after January 1, 1994, where the lessee exercises any material authority of a legislative body of a local agency delegated to it by that legislative body whether the lessee is organized and operated by the local agency or by a delegated authority. 54952.1. Definition of member of a legislative body Any person elected to serve as a member of a legislative body who has not yet assumed the duties of office shall conform his or her conduct to the requirements of this chapter and shall be treated for purposes of enforcement of this chapter as if he or she has already assumed office. 46. C. Nonprofit Corporations and Other Entities De Under specified circumstances;, meetings of boards, commissions, corem/trees or other multi-member bodies which govern nonprofit corporations or other entities may become subject to the open meeting requirements of the Act. These circumstances are set forth in section 54952(c). The Act expressly covers private corporations and other entities which are created by the legislative body for the purpose of exercising authority which can be lawfully delegated to them. (§ 54952(c)(1).) Typically, these bodies will be nonprofit corporations established jointly by various government entities for the purpose of constructing, operating or maintain~g a public works project or public facility. The Act also covers entities which receive funds from a local agency where the legislative body for the local agency appoints one of its members to the governing board of the entity. (§ 54952(c)(2).) The Act does not cover boards of a nonprofit corporation or other entity where the legislative body appoints someone other than one of its own members to the governing body of such entity. It continues to be the law that the mere receipt of public funds by a nonprofit corporation or other entity does not subject it to the requirements of the Act. Flospital Lessees The Act expressly covers lessees of hospitals pursuant to Health and Safety Code section 32121, subdivision (p), where the hospital or any part of it was first leased after January 1, 1994, where the lessee exercises any delegated authority of a local government agency, whether or not the lessee was organized and operated by the local government agency or a delegated authority. (§ 54952(d).) CHAPTER III. MEETING DEFINED The term "meeting" is defined in section 54952.2 and expressly discusses several types of meeting formats. First, the term "meeting" includes any congregation of a majority of the members of a legislative body at the same time and place to hear, discuss or deliberate upon any matter which is under the subject matter jurisdiction of the agency. (§ 54952.2(a).) Under this definition, face to face gatherings of a legislative body in which issues under the subject matter jurisdiction of the body are discussed, decided or voted upon are meetings subject to the Brown Act. Informal gatherings such as lunches or social gatherings also would constitute meetings if issues under the subject matter 8 AGENDA SUMMARY ITEM NO. 9d DATE' October 5, 1994 REPORT SUBJECT: ESTABLISH DATE AND TIME FOR SOLID WASTE WORKSHOP Extensive public debate and discussion is presently taking place within Mendocino County concerning various options or alternatives that seek a collective solid waste solution to the challenges facing the four political jurisdictions having responsibility for solid waste management. Rightfully, this process is taking place within the Mendocino Solid Waste Management Authority. The City of Ukiah's role in any possible collective solution is a key factor. The present alternatives, as well as any other options or variations on the theme, need to be fully explored, evaluated, and discussed by the Ukiah City Council in order for the Council to make a determination as to the best course for the County, as a whole, and our own constituents. Therefore, the Council needs to establish a date and time for a workshop that is separate and distinct from regularly scheduled Council meetings, and allows for a reasonable period of time to be devoted to this critical issue. Central to whatever course the City Council ultimately determines for our City, is the issue of how much landfill capacity remains at the Ukiah Landfill. Our City Engineer, who believes our remaining capacity is less than what our last studies by EBA Wastechnologies indicated; advised me personally, as well as publicly at a recent meeting of the Mendocino Solid Waste Management Authority, that an aerial topography and topography comparison and analysis should be conducted so that this important issue is resolVed prior to the Workshop. (Continued on Page 2) RECOMMENDED ACTION: Council establish date and time for Solid Waste Workshop. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine Workshop is not necessary at this time. Acct. No. (if NOT budgeted)' N/A Acct. No.' Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Coordinated with: Charles L. Rough, Jr., City Manager 4/CM:ASRSW Due to the imperative need for this analysis, I have authorized our City Engineer to immediately make all necessary arrangements to commence with this study and analysis. Staff will be providing greater detail to the Council on Wednesday night on the nature of this analysis, the time it will take to complete, and its cost. Item No: lOa October 5, 1994 Date : AGENDA SUMMARY REPORT SUBJECT: Authorize the Mayor to Execute a Letter of Agreement for Services with the Northern California Power Agency to provide analysis and information required by SB 1601 relative to Low Income Weatherization Programs, in an amount not to exceed $2,000. REPORT: All Electric Utilities are required to provide to the California Energy Commission an analysis of the number and economic impacts of Low Income Weatherization programs within our service area. This information is required by SB 1601. The information needed for this analysis has been collected from our customers by NCPA through annual service surveys conducted by NCPA. The City of Ukiah does not currently have the staff available to compile the required reports. If this effort was to be conducted by City staff, the effort would clearly result in an expense greater than the contract price of $2,000. Therefore, staff recommends Councils approval of the Letter agreement. RECOMMENDED ACTION: Authorize the Mayor to Execute a Letter of Agreement for Services with the Northern California Power Agency in the amount of $2,000. ALTERNATIVE POLICY ACTION: Reject Agreement and Direct Staff to Formulate Alternatives. Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: N/A Requested By: Darryl L. Barnes, Public Utilities Director Prepared By: Darryl L. Barnes, Public Utilities Director Coordinated With: Charles L. Rough Jr., City Manager Attachments: 1) Letter Agreement Acct. No.: N/A ( if budgeted) 4 ~ , ~ ,// / I APPROVAL I NCPA A Public Agency Northern California Power Agency 180 Cirby Way, Roseville California 95678 MICHAEL W. McDONALD General Manager (916)781-4222 September 1, 1994 Mr. Darryl Barnes Utility Director City of Ukiah 300 Seminary Street Ukiah, CA 95482 Subject: Letter of Agreement for Services Dear Darryl: Attached is a Letter of Agreement (LOA) covering NCPA assistance for the various analysis and information for low income weatherization services required by SB 1601. This LOA is tailored specifically for your utility and includes NCPA's best estimates of costs (not to exceed $2,000). If you wish to participate in this LO& please review the attached materials and contact NCPA if you wish to make any changes. If you do not require any changes, please sign the LOA and return it to NCPA by September 16, so that NCPA can execute the agreement. NCPA will return a fully signed agreement to you. This LOA requires certain information from your utility. Specifically, NCPA requires a complete history of your utility's low income programs, rate tariffs, avoided cost data, and recent number of residential customers. Recently, the California Energy Commission (CEC) conducted a workshop on SB 1601 reporting requirements. The CEC provided minimal direction and very few answers. Given this lack of direction, NCPA's strataegy will be to err on the side of providing too much information. We believe that this will avoid later criticism that may lead to legislation that mandates more low income programs for municipal utilities. Please note that the details of NCPA Task 4 in the LOA has changed somewhat from the draft LOA distributed at the August Technical Committee/NCPA Commission meetings. The December 1 st report to the CEC will contain: (1) an estimate of the number of low income households by service area, (2) benefit cost analysis of all weatherization measures, (3) a summary of all low income programs for each utility, and (4) a summary of the gas company (usually PG&E) and social service agency low income space heating efforts. Also attached to this letter are: (1) a schedule of milestones for the completion of this project in time for the December 1st due date, and (2) a summary of costs for the LOA. NCPA will issue interim reports at significant milestones. September 1, 1994 Page 2 If you have any questions or concerns, please feel free to call Mike Mace or John Berlin. Sincerely, MICHAEL W. MACE Demand Forecaster JOHN BERLIN Demand-Side Analyst Attachment cc: Michael W. McDonald Jim Beck Roger Fontes W. Kent Palmerton Jim Lynch LETTER OF AGREEMENT FOR SERVICES BETWEEN CITY OF UKIAH and THE NORTHERN CALIFORNIA POWER AGENCY The Preamble of the Member Service Agreement states that from time to time, the Northern California Power Agency (NCPA) may provide services relating to the supply of electric power and energy to some or all of the Members upon their request. The Letter of Agreement between the City of Ukiah, (the Member) and NCPA acknowledges such a request for service. NCPA agrees to provide assistance to the Member as detailed in Appendix A attached hereto. NCPA warrants that all work will be comPleted in a timely manner and on a best-effort basis. NCPA and the Member may terminate this Agreement prior to completion of the tasks described in Appendix A at any time upon five days written notice to NCPA. The Member agrees to allow access to those records that NCPA deems necessary for successful completion of all tasks. When the tasks specified in Appendix A are completed, NCPA and the Member will jointly reView each task for completeness and acceptability. Member acceptance of the results of each task will release NCPA from further responsibility for the task. NCPA and the Member mutually agree that the Member shall assume any and all responsibility for costs or penalties that may arise from the Member's use of the work, or any part of the work done by NCPA for the Member pursuant to the terms of this Letter Agreement and the Member shall hold NCPA, its officers, employees, agents and assigns harmless from the consequences of such use. NCPA agrees to provide, and the Member agrees to pay within thirty (30) days after presentation thereof, a monthly itemized bill for services including but not limited to labor, materials, and the use of facilities and related overhead. Compensation for services and costs to NCPA shall not exceed $2,000 without further written agreement of the parties. IN WITNESS HEREOF, the parties hereto have entered into this Letter of Agreement dated NORTHERN CALIFORNIA POWER AGENCY By: Title: CITY OF UKIAH By: Title: APPENDIX A Agreement for Project Management Services for the SB 1601 Low Income Analysis This Agreement by and between the Northern California Power Agency, a joint-powers agency of the State of California, hereinafter called "NCPA", and the City ofUkiah, a municipal corporation and a member of NCPA, hereinafter called "The Member", shall provide for payment to NCPA, by December 1, 1994, for services defined below. SECTION I - RECITALS The Member desires that NCPA will perform the necessary analysis to satisfy the reporting requirements of SB 1601, hereinafter referred to as the "Low Income DSM Analysis", providing the related services and data as described in Section II, below. All analysis will be completed by October 31, 1994 to allow the Member to review the results before submission to the California Energy Commission. The schedule and workplan are contained in Appendix B. SECTION II - NCPA TASKS Task 1 - Determination of Qualifying Households NCPA agrees to provide a valid estimate of the current number of residential households within the Member's service area that qualify as a "low income" household under the definitions of SB 1601. NCPA will use both U.S. Census data where practicable as well as residential end use survey data for the Member if it exists. Task 2 - Identification of Conservation Measures and Data Requirements NCPA agrees to create a list of all relevant conservation measures under the definitions and requirements of SB 1601. NCPA will gather all necessary cost and measure impact data required for Task 3. Task 3 - DSM Cost-Benefit Analysis NCPA agrees to provide the computer modeling support necessary for the DSM cost benefit analysis. NCPA will perform the cost benefit analysis on all measures identified in Task 2 using specific model inputs specific to the Member. NCPA will provide all results of such modeling in the form of a technical appendix. Task 4 - Final Report NCPA will create a final report for the results of the above tasks. This report will be suitable for submittal to the California Energy Commission so as to satist~ the requirements of SB 1601. The report to the CEC will contain: (1) an estimate of the number of low income households by service area, (2) benefit cost analysis of all weatherization measures, (3) a summary of all low income programs for each utility, and (4) a summary of the gas company (usually PG&E) and social service agency low income space heating efforts. SECTION III - MEMBER TASKS These tasks are tasks required of the Member in order for NCPA to complete its tasks described above. Task 1 - Avoided Cost, Rate Tariffs, Sales Data The Member shall provide to NCPA its best estimate of avoided energy and capacity generation costs, by year, for the 1994 to 2014 period. The Member will also provide avoided costs for transmission and distribution facilities. The Member shall provide all relevant rate tariffs as well as any customer or sales data necessary for the completion of this project. Task 2 - Summary of Existing Low Income Conservation Efforts The Member shall also provide to NCPA any and all information regarding existing or prior low income conservation programs. This information shall include the number of households affected, types of measures, measure impacts, and measure costs. SECTION IV - COMPENSATION The Member shall pay to NCPA an amount not to exceed $2,000 for the services herein as described in cost estimates contained in Appendix C. NCPA shall invoice the Member for the services performed for each month. These invoices shall be authorized for payment from the member's Phase 2A funds currently on account with NCPA within thirty (30) days after receipt. APPENDIX B Low Income Weatherization Analysis Workplan and Schedule 8/5/94 Order California Census data from Dept. of Commerce consisting of four CD- ROMs for $250. 8/9/94 Acquisition of CEC's DEER (Database for Energy Efficient Resources) program 8/25 -8/26 Emerging Issues Workshop session on Low Income Weatherization Analysis reporting requirements Finalize required Low Income program definitions. 8/26/94 California 1990 Census information database created by NCPA in PC-Express. 9/8/94 Final date for member utilities to sign-up for participation in the NCPA Low Income Analysis Project. 9/19/94 NCPA completes development of the computer model in PC Express for screening residential DSM measures. Acquisition of NCPA avoided cost data. 9/22/94 Deadline for data to be supplied from participating member utilities. NCPA completes estimates of the number of qualifying households. NCPA completes survey of gas utility and social service agency weatherization efforts in participating service territories. 10/15/94 Completion of DSM model runs for participating member utilities. 10/22/94 11/4/94 Distribution of preliminary results to participating member utilities. Comments due from members on NCPA analysis and results. 11/11/94 Revised analysis (if any) completed by NCPA 12/1/94 NCPA submits the final report to CEC. APPENDIX C Estimated Costs for Low Income DSM Analysis INTERCONNECTED MEMBERS: Estimated Materials Costs: Census data - $250 Other Materials Cost - $100 Total Materials Cost per Utility - $35 (assumes 10 participating utilities) Estimated Labor Costs (per utility): Mike Mace ~ 8 hours ~$75/hour $600 John Berlin 8 hours ~$65/hour $520 NCPA Clerical 2 hours ~$19/hour $38 Total 18 hours $1,158 Total Project Costs $1,193 *Note: Labor costs include NCPA overhead. Labor costs will be 25% higher for those utilities that do not have the necessary residential end use saturation data required for the analysis. NON-INTERCONNECTED MEMBERS Estimated Materials Costs: Total Materials Cost per Utility - $35 (assumes 10 participating utilities) Estimated Labor Costs (per utility): Mike Mace 12 hours ~$75/hour $900 John Berlin 12 hours @$65/hour $780 NCPA Clerical 4 hours ~$19/hour $76 Total 28 hours $1,756 Total Project $1,791 Costs Item No: Date : lOb. October 5, 1994 AGENDA SUMMARY SUBJECT: Set a Date for a Electric Utility Workshop. REPORT REPORT: A Date to Discuss various issues relative to the Electric Utility industry changes in general and the City of Ukiah's Utility goals for future operation is requested. Attached is City Manager's memorandum of September 27, 1994 indicating topics for the Workshop. RECOMMENDED ACTION: Set a Date for a Electric Utility Workshop. ALTERNATIVE POLICY ACTION: Deny Request Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: N/A Requested By: Darryl L. Barnes, Public Utilities Director Prepared By: Darryl L. Barnes, Public Utilities Director Coordinated With: Charles L. Rough Jr., City Manager Attachments: 1) S,~pte. mbqr 27, 1994 Memorandum Acct. No.: N/A ( if budgeted) MEMORANDUM DATE' TO: FROM: SUBJECT: September 27, 1994 Mayor Fred Schneiter and Members of City Council Charles Rough, City Manager Electric Utility Workshop I will be asking the City Council to EStablish a date for an Electric Utility Workshop to be held in November to discuss fully, as well as to receive City Council direction concerning, the following issues: . Full orientation, briefing, and discussion on the issue of direct access (retail wheeling) and its possible implications for Ukiah's Electric Utility; and possible steps we could take to prepare for this eventuality. 0 The Electric Utility's current debt load and its implications on our continued rate competitiveness; and possible steps we could take to address this issue for the future. . City Council review of recommended ratepayer payment policies. . Discussion regarding proposed rate schedules for Ukiah ratepayers. If there are any other electric utility related issues that you would like to include for the workshop, please let me know. Also, I have attached for your benefit, a copy of material forwarded to the City from the California Municipal Utilities Association regarding proposed electric industry restructuring. CLR:ky Att. C.' R:4:CM MOC86 Director of Public Utilities ITEM NO. 10e. DATE: OCTOBER 5, 1994 AGENDA SUMMARY REPORT SUBJECT: BAD DEBT WRITE-OFF REPORT 1993-94 Attached for Council's review are the bad debts accumulated during the past fiscal year. The amounts to be written-off are all from utility billing and total $55,174.28. This represents 0.37 percent of the billings generated during that period. The general policy is to set aside 1/2 of 1 percent of billings as an allowance for doubtful accounts. After review by Council, Staff will adjust the "allowance for doubtful accounts" to the actual write-off amount of $55,174.28 To measure collection performance, utility billing revenues for this one year period were compared to this loss. It was found that 99.63 percent of the $14.9 million in billings were collected by Utility Billing employees and collection agencies. Conversely, the proposed bad debt write-offs are 0.37 percent of total billings. A collection rate of 99.5 percent was anticipated, so Staff exceeded the goal by 0.13 percent. These bad debts are attributed to closed utility accounts. Open accounts have a successful multi- step collection process outlines below for every monthly billing cycle. Continued on Page 2 RECOMMENDED ACTION: Council review and approve Bad Debt Write-Off for fiscal year 1993-94. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Not approve bad-debt write-off. 2. Suggest alternative collection methods. Acct. No. (if NOT budgeted):N/A Acct. No.: Appropriation Requested: N/A Citizen Advised: N/A Requested by: Charles L. Rough, Jr., City Manager Prepared by: Carolynn Thomas, Interim Director of Finance Coordinated with: Kim Sechrest, Customer Service Rep. Attachments: 1. Write-Off Listing 612-116-100- $ 3,034.58 670-116-100 - $ 1,986.27 800-116-100 - $44,360.12 820-116-100- $ 5,793.31 TOTAL $55,174.28 APPROVED'/~ ~'dd~..- '-- / t R: I \FIN ADEBTS.94 Bad Debt Write-Off Report 1993-94 October 5, 1994 Page 2 AVERAGE NO. PERCENT DAY EVENT OF CUSTOMERS OF CUSTOMERS 1 BILLING 7,850 100 PERCENT 25 - 30 REMINDER BILLING 4,710 60 PERCENT 40 DELINQUENT LETTER 1,092 13 PERCENT 50 48-HOUR "FINAL NOTICE" 365 4 PERCENT 52 - 55 TURNED-OFF 32 0.4 PERCENT The Customer Service Representatives interface with the customers at each of these five steps of the collection process. They continue to strive for the right balance between firmness and flexibility that promotes good customer relations and a good collection rate. For the closed accounts, with balances due, a series of three letters and various telephone calls are made before a decision is made to pursue small claims and/or collection agency action. These accounts continue to be pursued by the City Staff and collection agencies even after the amounts are "written-off" by Council action. Any amounts collected on these accounts are posted to the "Allowance for Doubtful Accounts" line item and will be a reduction of the next year's write-off amount. Two (2) agencies are currently being utilized for collections. Staff is now evaluating the services of both agencies to weigh the advantages of continuing with one agency providing the best rate of return, versus, continuing with the competitive nature of utilizing two firms. CT:Irk R:ILlelN ADEBT$.94 lOd. Item No: Oct:ob~r 5, 1994 Date : AGENDA SUMMARY REPORT SUBJECT: Authorize the City Manager to Execute an Agreement for Residential Project Representative Services for the Wastewater Treatment Plant Upgrade Project between the City of Ukiah and Carl C. Thompson in an amount not to exceed $150,000. REPORT: The City of Ukiah wishes to retain Mr. Carl C. Thompson as the City's Project Representative for the Wastewater Treatment Plant Upgrade Project. Mr. Thompson has the Construction and Project Management experience required to oversee this Project. Mr. Thompson has served as Contract Administrator on various other Water Treatment Projects throughout the Western United States including the City of Ukiah's Water Treatment Plant and the Lake Mendocino Hydro Fish Hatchery Project. Attached for review is a copy of Mr. Thompson's Proposal relative to this Project. This Agreement calls for Mr. Thompson to be paid at a $50.00 per hour rote for a contract amount not to exceed $150,000. This Agreement will be active until the completion of the Project, which is scheduled to last approximately 18 Months. RECOMMENDED ACTION: Authorize the City Manager to Execute an Agreemem for Resisential Project Representative Services for the Wastewater Treatmem Plant Upgrade Project between the City of Ukiah and Carl C. Thompson in an amount not to exceed $150,000. ALTERNATIVE POLICY ACTION: Deny Request and Direct Staff to Formulate Alternatives. Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: N/A Requested By: Darryl L. Barnes, Public Utilities Director Prepared By: Darryl L. Barnes, Public Utilities Director Coordinated With: Charles L. Rough Jr., City Manager Attachments: 1) Carl C. Thompson Proposal 2) Agr, eemeilt I // il . APPROVAL · Acct. No.: N/A ( if budgeted) AGREEMENT FOR RESIDENTIAL PROJECT REPRESENTATIVE SERVICES DURING CONSTRUCTION OF THE CITY OF UKIAH WASTEWATER TREATMENT PLANT UPGRADE PROJECT The Agreement made this day of ,1994, in Ukiah, California, by and between the City of Ukiah, a general law municipal corporation, hereinafter referred to as "City", and Mr. Carl C. Thompson, a sole proprietorship Inspection Consultant, whose address is 3801 Ridgewood Road, Willits, California, 95490, hereinafter referred to as" Consultant." W1TNESSETH: WHEREAS, City intends to construct an Advanced Wastewater Treatment Plant Upgrade; and WHEREAS, City requires the services of a qualified resident project representative during the construction phase of the project; and WHEREAS, Consultant is a sole proprietorship engaged in the business of providing Project Representative services on behalf of owners such as City and has particular experience and expertise in the daily inspection of the construction of the Advanced Wastewater Treatment facilities. Consultant warrents and represents that he has a substantial investment in his business in addition to his personal services and that he has all licenses required by law, if any, to perform the services required by this Agreement; and WHEREAS, City will not attempt to direct Consultant in the day-to-day performance of the services he provides under this Agreement but will limit its supervision to a determination of whether Consultant has successfully completed the tasks and achieved the results required by the Agreement. NOW, THEREFORE, in consideration and reliance upon the above-recited facts and the terms and conditions stated below, the parties agree as follows: AGREEMENT ARTICLE 1. CONSULTANT'S SERVICES A. General Scope The City hereby engages the Consultant, and the Consultant shall do all work and shall serve as the City's Resident Project Representative for and during all phases of the project as herein set forth and shall consult with and report to the City and its staff as required and as directed during the performance of any work required by this Agreement. Consultant shall insure that inspection services are available at the job site at all times that construction work is being performed. B. Duties, Responsibilities and Limitations of the Authority of Resident Project Reoresentative The specific duties and repsonsibilities of the Consultant are expressed in detail on the attached Exhibit "A" and in Section 0700 of the Project Manual. In performing these services the Consultant shall have control of the means, methods and details of performing the work and shall be subject only to the general direction of the City to insure that the results contracted for are achieved. ARTICLE 2. CITY'S RESPONSIBILITIES A. Payment for all services performed by the Consultant shall be as set forth in this Article and shall be considered as full compensation for all materials, supplies, transportation, services, and equipment used in carrying out the work described in this Agreement. B. Compensation shall be as follows: 1. Consultant shall be paid for services actually performed at the hourly rate of $50.00 with a total contract amount not to exceed $150,000. 2. In addition to any other reports required by this Agreement, Consultant shall submit a monthly statement showing hours worked, summary of work completed, and percentage of construction work completed. ARTICLE 3. TIME OF PERFORMANCE A. All services to be furnished by Consultant, as described in this Agreement shall be completed by April 30, 1996. ARTICLE 4. PAYMENT ADDRESS A. All payments due the Consultant shall be personally delivered or mailed by first class postage to his address, 3801 Ridgewood Road, Willits, California 95490, within 15 days of his submission of the statement required by Article 2(b)(2). ,~RTICLE 5. STANDARD OF CARE A. The Consultant represents that he is specially trained and experienced and competent to perform all work and services specified herein, and that such work and services shall be performed in a manner according to generally accepted engineering practices in the Mendocino and Sonoma County areas. ARTICLE 6. INSURANCE A. The Consultant shall comply with the insurance requirements of the City of Ukiah, attached here as Exhibit B and incorporated herein by reference. ARTICLE 7 HOLD HARMLESS A. Except with respect to active negligence of the party indemnified, to the fullest extent permitted by law, the Consultant, or indemnifying party shall indemnify and hold harmlesss the City, it's agents, officers, and employees against and from any and all claims, lawsuits, actions, liability, damages, losses, expenses, and costs, (including but not limited to attorney's fees), brought for, or on account of, injuries to or death of any person or persons including employees of the Consultant, or injuries to or destruction of property, including the loss of use thereof, arising out of, or alleged to arise out of, or resulting from, the performance of the work described herein, provided that any such claim, lawsuit, action, liability, damage, loss, expense, or cost is caused by a negligent or intentional act or omission of the Consultant, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. ,4RTICLE 8. TERMINATION A. This Agreement may only be terminated by City: 1. For Consultant's breach of the Agreement; or 2. Because construction work has stopped and the City no longer requires the services of a Project Representative. City shall notify Consultant of any alleged breach of the Agreement and of the action required to cure the breach. If Consultant fails to cure the breach within the _time specified in the notice, the contract shall be terminated as of that time. If terminated because of the termination of construction activity, the contract shall terminate on the date notice of termination is given to Consultant. The City shall pay the Consultant only for services performed and expenses incurred as of the date of notifcafion of termination, calculated as provided in Article 2. In such event, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports prepared by the Consultant under this Agreement shall become the City's property and Consultant shall immediately deliver such items to the City. The Consultant shall be entitled to receive the compensation provided herein, subject to off-set for any direct or consequential damages City may incur as a result of Consultant's breach of contract~ ARTICLE 9. MISCELLANEOUS PROVISIONS A. Independent Contract It is the express intention of the parties hereto that Consultant is an independent contractor and not an employee, agent, joint venturer, or partner of City for any purpose whatsoever. City shall have no fight to, and shall not control the manner or prescribe the method of accomplishing those services contracted to and performed by Consultant under this Agreement, and the general public and all governmental agencies regulating such activity shall be so informed. Those provisions of this Agreement that reserve ultimate authority in City have been inserted solely to acheive compliance with federal and state laws, rules, regulations, and interpretations thereof. No such provisions and no other provisions of this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Consultant and City. Consultant shall pay all estimated and actual federal and state income and self-employment taxes that are due the state and federal government and shall furnish and pay worker's compensation insurance, unemployment insurance and any other benefits required by law for himself and his employees, if any. Consultant agrees to indemnify and hold City and its officers, agents and employees harmless from and against any claims or demands by federal, state or local government agencies for any such taxes or benefits due but not paid by Consultant, including the legal costs associated with defending against any audit, claim, demand or law suit. B. Govemin~ Law This Agreement shall be governed by and consumed in accordance with the laws of the State of California. C. 7w,.v_trabJ~ If any provision of the Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in an way. D. IaltgraI~ This Agreement contains the entire Agreement among the parties and supersedes all prior and contemporeous oral and written agreements, understandings, and representations among the parties. No amendments to this Agreement shall be binding unless executed in writing by all of the parties. E. Waiver No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. F. Interest of Consultant Consultant hereby covenants that he has, at the time of the execution of this Agreement, no interest, and that he shall not acquire any interest in the future, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed pursuant to this Agreement. Consultant further convenants that in the performance of this work, no person having any such interest shall be employed. G. Attorney's Fees and Costs If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs, and necessary disbursements in addition to any other relief to which such party may be entitled. H. Notices All notices that are required to be given by one party of the other under this Agreement shall be in writting and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited with a United States Post Office for delivery by registered or certified mail addressed to the parties at the following addresses unless such addresses are changed by notice, in writing, to the other party: CITY: City of Ukiah 300 Seminary Avenue Ukiah, California 95482 I. Assimunent CONSULTANT: Carl C. Thompson 3801 Ridgewood Road Willits, California 95490 Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the City thereto. J. Duplicate Originals This Agreement may be executed in one or more duplicate originals and when so executed each such document shall be admissible as evidence of the terms of this Agreement. IC Effective Date This Agreement shall become effective as of the date stated above, upon the signature of both parties in the appropriate spaces below. IN WITNESS WHEREOF, the parties have executed this agreement by the placement of authorized signatures below: CONSULTANT Carl C. Thompson CITY OF UKIAH Charles L. Rough, City Manager ATTEST: Cathy McKay, City Clerk APPROVED AS TO FORM: David Rapport, City Attorney EXHIBIT "A" DUTIES, RESPONSIBILITIES AND LIMITATIONS OF THE AUTHORITY OF RESIDENT PROJECT REPRESENTATIVE A. GENERAL 1. Resident Project Representative is City's (hereinafter referred to as "Owner") Agent and shall act as directed by and under the supervision of Owner. He shall confer with Owner regarding his actions. His dealings in matters pertaining to the on-site work will in general be only with Owner, Design Engineer, State Representatives and Contractor. His dealings with subcontractors will only be through or with the full knowledge of Contractor or his superintendent. B. DUTIES AND RESPONSIBILITIES: RESIDENT PROJECT REPRESENTATIVE SH~T~T~: 1. Schedules: Review progress schedule, schedule of Shop Drawing submissions, schedule of values and other schedules prepared by Contractor and consult with Owner and Design Engineer concerning their acceptability. 2. Conferences: Attend pre-construction conferences. Arrange a schedule of progress meetings and other job conferences as required in consultation with Design Engineer and Owner and notify in advance those expected to attend. Attend meetings and maintain and circulate copies of minutes thereof. 3. Liaison: a. Serve as Owner's liaison with Contractor, working principally through Contractor's superintendent and assist him in understanding the intent of the Contract Documents. Assist Design Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's on-site operations. b. As requested by Design Engineer, assist in obtaining from Owner additional details or information, when required at the job site for proper execution of the work. c. In the interest of preserving the proper channels of communication, advise Design Engineer of any direct communication between Owner and Contractor. 4. Shop Drawings and Samples: a. Receive and record date of receipt of Shop Drawings and samples which have been reviewed by Design Engineer and Owner. b. Receive samples which are furnished at the site by Contractor for Owner's and Design Engineer's review, and notify Owner and Design Engineer of their availability for examination. c. Advise Owner, Design Engineer, and Contractor or his superintendent immediately of the commencement of any work requiring a Shop Drawing or sample submission if the submission has not been accepted by Design Engineer and Owner. 5. Review of Work. Rejection of Defective Work, Inspections and Tests a. Conduct on-site observations of the work in progress to assist Owner and Design Engieer in determining that the project is proceeding in accordance with the Contract Documents and the completed work will conform to the Contract Documents. b. Report to Owner whenever he believes that any work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of inspections, tests or approvals required to be made and advise Owner when he believes work should be corrected or rejected or should be uncovered for observation, or requires special testing or inspection. c. Accompany Owner and visiting inspectors representing public or other agencies having jurisdiction over the project, record the outcome of these inspections and report to Owner and Design Engineer. 6. Interpretation of Contract Documents: a. Transmit to Contractor clarification and interpretation of the Contract Documents as issued by Design Engineer. 7. Modifications; a. Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report them with recommendations to Design Engineer and Owner. a. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and sample submissions, reproductions of original Contract Documents including all addenda, change orders, field orders, additional drawings issued subsequent to the execution of the Contract. Design Engineer's clarifications and interpretations of the Contract Documents, progress reports and other project-related documents. b. Keep a diary or log book, recording hours on the job site, weather conditions, data relative to questions of extras or deductions, list of principal visitors, daily activities, decisions, observations, in general and specific observations in more detail as in the case of observing test procedures. Send Copies to Owner. c. Record names, addresses and telephone numbers of Contractors, subcontractors and major suppliers of equipment and materials. d. Advise Owner and Design Engineer whenever Contractor is not currently maintaining an up-to-date copy of Record Drawings at the site. 9. Reoorts a. Furnish Owner and Design Engineer periodic reports as required for progress of the work and of contractor's compliance with the approved progress schedule, schedule of Shop Drawings submissions and other schedules. b. Consult with Owner and Design Engineer in advance of scheduled major tests, inspections or start of important phases of the work. 10. Pa.vment Requisitions a. Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward them with recommendations to Owner and Design Engineer, noting particularly their relation to the schedule of values, work completed and materials and equipment delivered at the site. 11. Guarantees. Certificates, Maintenance and Operation Manuals a. During the course of the work verify that guarantees, certificates, maintenance and operation manuals and other data required to be assembled and furnished by Contractor are applicable to the items actually installed; and deliver these data to Design Engineer for his review and forwarding to Owner prior to final acceptance of the project. 12. Completion a. Before Design Engineer issues a Certificate of Substantial Completion, submit to Contractor a list of observed items requireing correction. b. Conduct final inspection in the company of Design Engineer, Owner and Contractor and prepare a final list of items to be corrected. c. Verify that all items on ffmal list have been corrected and make recommendations to Owner and Design Engineer concerning acceptance. C. LIMITATIONS OF AUTHORITY: Except upon written instructions of Owner. Resident Project Representative SHAI J~: 1. Not authorize any deviation from the Contract Document or approve any substitute materials or equipment. 2. Not undertake any of the responsibilities of Contractor, subcontractor or Contractor's superintendent. 3. Not expedite work for the Contractor. 4. Not advise on or issue directions relative to any aspect of te means, methods, techniques, sequences or procedures of construction unless such is specifically called for in the Contract Documents. 5. Not advise on or issue directions as to safety precautions and programs in connection with the work. 6. Not participate in specialized field or laboratory tests or inspections conducted by others. 7. Not assist Contractor in maintaining up-to-date copy of Record Drawings. c]:TY OF L~:[AH, C~LTFORNIA (the "City") PRODUCER KIM STAMPFLI STATE FARM INSURANCE 1448 SOUTH MAIN STREET .wLr_T.T.IT_c:, ~_~_ 95490 INSURED 3801 RIDGEWOOD ROAD WILLITS, CA 95490 THIS CERTIFICATE OF INSURANCE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AJ:FORDED BY THE POLICIES BELOW. B EST'S COMPANIES RATING COMPANY LETO, A STATE FARM COMPANY LETO. B COMPANY LEI~R C COMPANY LETTER D COMPANY LETTER E THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS C[RTII:ICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE ~FORDED BY Tile POLICIES DESCRIBED HEREIN IS SUBIECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVT BEEN REDUCED BY PAID CLAIMS. CENEIIAL LIAGIUTY [~COMMEIICIAL GENERAL UABILITY O CLklU$ MAD[ I[~)CCUIL O OWNER'S 8t CONTIL&CTOI'$ FIOT. 0 DinE! AUTOMOlll I UAl KIT~ ANY AUTO ALL OWNED AUTOS ~CH[OU%[D AUTOS HIIEO AUTOS HON.OW~EO AUTOS CAAA~E UAIILflY LTlt P~.lC~ UIICTIV~ J~XIC~ t X~RA110N T~PE OF INSLqUU~CT PC~ICY NUMIIR DAI~ (MM/T)O~) DAr~ (Mu~)O~/Y) Al/uldrr$ IN 114(XJ~A~:)S GENERAl. AGGREGATE $ LxCLSS UA.IIUTY 0 UMaltEUA 0 OTHER THAN UMBIIELLA FORM 0 W~RKEJrS COMtEN~ATION AND [IdPLOY~R,' LIAIIUTY t PROP~TY INSURANCE 0 COURSE Of CONSTRUCTION , , PS~TDING 3-2-94 3-2-95 PIIOOUCTS.-COMPIOP S AGGREGAT~ S tUISONAL II ADW. IlllSING INqUIrY EACH OCCURRENCE FiRE DAId,~GE (An~, o~e fke~l MEDICAL EXPENSE (A~F one per~) COMglN[D SINCI~. UMIT BODILY INIURY (Pe~ peemn) BODILY INIURY (Pet accident) PROPERTY DAJVlAGE EACH OCCURRENC~ AGGREGATE ! STATUTORY EACH ACODENT DISEASE-POLICY UMIT DISEASE-EACH EMPLOYEE AMOUNT OF INSURANCE ' ,5oo..'ooo. o sst000.00 OL~CRIPTION OF OPERATIONS/LOCATtONS/VENICLL~IRE~I'RICTIONSISP["CiAL ITEM5 THE FOLLOWING PROVISIONS APPLY: · 1. None of the above.described polkies will be canceled until after 30 days' written notke has been given to the City at the address indicated below. 2. The City, its officials, officers, employees and volunteers are added as Insureds on all liability insurance p<dicles listed above. 3. It is agreed that any insurance or self-insurance maintained by the Dry will apply In excess of and not contribute with. the insurance described above. 4. The City is named a Ios~ payee on the property insurance policies described above, if any. $. Al I rights ol subrogation under the property insurance policy listed above have been waiv~cl against the CAy. 6. The workers' compensation insurer named above, il any, agrees to waive all fights of subrogation against the City for injuries to employees ol the insured resulting Irom work for the City or use of the CIty's premises or facilities. CERTIFICATE HOLDER/ADDITIONAL INSURED (CITY) 300 SIMINARY AVE UKIAH, CA 95482 A UTH O RI ZE R~i~ E~~..,,, ~ ~. S,~NA'rU,F...---~'-~ ,. "~-~._ '--------- ~-- TITLE A~NT PHONE NO. 707-459-2913 Rev. 1/93 zig 19 SUBMIT IN I~UPUCATE AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT ~,~oo,~,,~. ,ssu,~,,u,~,.,,o~,,', FOR City of Ukiah (the "City") , PRODUCER POLICY INFORMATION: STATE FARM INS m~,,,~Comp*',.F STATE FARM 1448 SCIJTH MAIN I,o;~No; G09-0572-B1205A WILLITS, CA 95490 I,o~,p.,~xs:(I,om) 8-1 5-94 (,o) 2-1 5-95 LOSS AOIUSTI~NT ~I~NS( 0 Included in lim~ 0 In Addition to Om~s Tdephon~ ID 0educt~ O $~.insuredl~en~on(ched~which)ol $ : NAMED INSU RED APPLI CABI LITY. Thb i~=..¢e p~,= to the o~r.~ ,nd/o, te.a.q, o~ the n,m~l in=~,~ 3801 RI~ ROAD the ~oGc~ spec~k agrttm~ts and p~n~ w~h the OtY are cov~t~ WILLITS, CA 95490 aw.:.z.~,~m,~ TYPE OF INSURANCE OTHER PROVISIONS , CO~A~£RGL~ AUTO POLICY XX 8U~INOS AUTO POLICY LIMIT OF LIABILITY CLAIMS: Unde.~e,'s,,p,,sem=iv, Im ,Jaimslxnua,x to mis iNto, nee. ' Name: STATE ]FARM $ 1MM peraccidenLlorbodUyinjuryandpropertyd~mage. Ad,,ess: 1448 ScxIrH MAIN WILLITS. CA 95490 T,I,pho,,: ( 707) 459-291 3 , , , In consideration of the premium charged and not'~d~h~lmnding ~y inconsistent $~mtement in the policy to whW. h I,hb endorsement J$ atlmched or any endorseme~ ~ or he~ealte~ att~:hed thereto, it is ~cjreed as Iollows: 1. INSURED. The CJb/, i~ olfices's, offJdais, efnp~oyees and volunteers are i'ncluded as |Nurecis with regard to damages and'defense ~)l claims arbing Irom: the o,,,mership Opelmtion, maJnlenmrce, use, Jo&dJr~:j or unio~dJng ol my auto owned, leased, hired or bolxowed by the Named INured, or ~or whkh 13he Named INured I$ i'espoNJble. 2. CONTRIBUTION NOT REQUIRED. A~ respects wo,k performed by lhe Named INured lot or on behaff o~ Ihe City, the insurance allorded by this policy shall: Ca) be p;imary insurmnce a~ respects the City, il~ o~kers, ofl'i¢ial$, employm and volur~teer$; or Cb) $tarKI in an unbroken chain ol coverage excess of the Named Insured'$ primam/coverage. Any insurance or sell.insurance maintained by the Ci~, Jl.s officers, oH'kiais, employees and volunteers shall be exce. s~ of the Named Insured'$ insurance and not contribute ~dth it ~. CANCELLATION NOTICE. W~I~ respocl to the interests of the Cib/, ~hb insurance sh~ll not be c~celled, except alter lhirty (30) days p~ior written notice by receipted de- livery has been given to the City. 4. SCOPE O1: COV~RACE. This policy affords coverage at least as bro~4 as: (1) I~ primary. INur~nce Semdces Office ;c~m number CAOO01 (Ed. 1187). Code 1 ('a,y auto'): or (2) I! excess, affords coverage which b at least as broad as I~e prima,/ insurance Iorms referenced in the preceding section (1). Except as $1mted above nothing herein shaft be held to w~ve. alter or extend any o( the IimiL~ ¢ondiUon$. agreement~ or exclusion o( the polk), to which thi.~ endorsement , , , ENDORSEMENT HOLDER Cl'r~' AUTHORIZED ~lj~rokarlAgenl I'1 Unde~n'Jt ef [2] (~r~ (~ ~..[ REPRESENTATIVE 300 SIMINARY AVE UKIAH~ CA 95482 I KTI~ .qq'ANg:,~.T (p,int,%,pe ,~me). w,,,a,~ that I have ~uthorlty to bind the ~e-menti°ned insurance company ~nd by my signature hereon do so bind.l~s company ~o ~hi$ endorsement. Telephone: (707) 459-291 3 Da,e Slgn~'d'__ 8:-10=94 CI:5 January 23, 1994 FROM: CAR1, C. THOMPSON ( QUALIq"f TECHNICAL SERVICES) 3801 R.idqewood Road Wi]lits Ca. 95490 q'O: UKIAH REDEVELOPMENT AGENCY SUBJECT: WORKMAN'S COMPENSATION INSURANCE the event that' I have 'to. hire additioDal employee's besides myself, I will in fact provide all Insurances and compensation required by the Stat of California and will pay all estimated and actual taxes Federal and State income and Self-employment taxes that are due the State and Federal Government and shall furnish any other benefits required .by law for .myself and my employee's, if.any . [ will indemnify and hold th~, City of Uklah , the re;development agency, and its of£Jcers, agents and employees harmless .from and against.any .claims or .demands 'by Federal , State, or local C~vernment agencies for any such taxes or benefits due but not paid by myself, including the legal costs asociated with defending against any audit, claim, demand or lawsuit. I attest re) this on this 23rd day of 3anuary 1994. Sincerely, CARL C. THOMPSON PROJECT TITLE: WAS~f'~':WA~I"19]R ?'R [~:;A'I"MEN'F PI_~AN~I~ I! ~GRADE / i~.RC')J ~:CT MANAGI~qR / : .. ENC4 :[ N t?_.I~R / C:C)N'"I~t'~AC"I~ · Submitted By: QUAL 1 T¥ CARL C. TECHNICAL SERVICES ;I'ltOMPSON August 15, 1994 QUALI75' TECHN l CAL SERV l CES CARL C. 'F()MPSON 3801 Rigewood Road Will.its, Ca. 95490 (';07; 459--1669 PROJECT TITLE' WASTEWATER TREATMENT PLANT UPGRADE TO' CiTY OF UKIAH, DIRECTOR OF UTILITIES/ CITY MANAGER I am pleased to offer my set'vices as the Project Manager/ Resident Engineer/ Contract Administrator for the AWT Sewer Plant upgrade Project. in SklpplyJng the set-vices called out in the contract documents, I use a hands on approach in managing the projects £ have formerly been envo'[ved in. I am on site when the ongoing construction progress is underway. Being available when the construction activities are underway often eliminates controversy and at times Change Orders. - . Striving to have a close affii [dt.ion with the Owner and Design Engineer ~s to better convey pro.]~ct intent to the Contractor/ Superintendent is. one of my-charges. I maintain Dally Diaries of the activities ot the Contract and keep a Photographic 3ournal of the progression of work. Contract Administration and State requirements Coordination is a element o~ the contract which I have ~n depth knowledge and background exper'lence maintaining. [ endeavor to work closely with the Contractor and'/or' his Superintenden't to approach ., the construction project as a team effort to .get the best finished product for the Owner. The Uk].ah Water Treatment Plant w[th less 1/2 of one per cent in Change Orders, . the North Lakeport Water Treatment Plant with less than |/]0th of one per cent in Change Orders, and _ the Ukiah Lake Mendoc~r~o Pump Project are a few of the projects that have been recently envolved w~.th of this nature as Contract Admin- · istrator/Resident Engineer, which have been completed wit. h great satisfaction and success by a parties envolved. ~ Sincerely, L"ar'l C. Thompson Qua] ity 'Fechnical Services CARL C. THOMPSON 3801 Ridgewood Road Willits., Ca. 95490 (707) 459-1669 September 12, 1993 OBJECTIVE I am offering to utilize my background in the Construction Industry · to assist as Project Manager for Remodel of Downtown Regional Conference Center. The following information is submitted to discern my Professional Qualifications; Experience and Expertise in similiar services; Level of Services to be provided; Methodology for delivery of services; and price Quotation. BACKGROUND SYNOPSIS MANAGEMENT O General Contractor O Project Management O General Foreman O Contract Administration & Negotiations O Personnel Management O Construction inspection O Construction Coordination FORMAL TRAINING O Basic Road Design O Computerized Road Design O Construction Cost Estimating ~ O Advanced Superv'[sion O Nuclear Testing Equipment Operation O Blasting (Explosive) Application Training O Surveying O Drafting O Associate'of Arts Degree ( General Education) ~RK EXPERI F~CE April 1992- December 1992: City of Ukiah, 300 Seminary Ave., Ukiah, Ca., 95482. Contact person- Martin Wobig, Electi-ical Engineer, ('/07) 463-6296. Position: Contract Administrator, Construction Coordinator, Res'[dent Engineer. Responsibilities: Administration of Contruct~on Contract for the Constr'u¢:tion of Lake Mendocino Hatchery Water Pump Station. Executed Pre-construction and construct i. meetings, monthly. Reviewed Submittals and Transmittals, Developed Punchlists on completed items and processed, the progress pay Applications Monthly. Coordinated work through the Superintendent on the project stt. e daily. , March ]991-May .1992: City of Ukiah, 300Sem%nary Ave. 95482. Contact Person-Ted Goforth, Director of Public Works.(707)463-. 6280. Position: Contract Administrator, Construction Coordinator, Resident Engineer. Responsibilities: Administ~a.tion of Construc. tion Contract for the city of Ukiah Six Million Gal'lon per day Water Tre.a~ment Plant System Executed Pre-Construction and construction meetings' Monthly- Reviewed Submittals , Developed Punchl~sts Quality Technical Services CARl, C. THOMPSON 3801 Ridgewood Road Willits, Ca., 95490 September 12, 1993 Work Experience Continued- on completed items and processed the Progress pay Applications monthly. Daily project coordination.through the Contractor and his Superintendent. A 2.8 Million Dollar Project. November 1989- January 1991: County of Lake9Special Districts) 255 Norhth Forbes Street, Lakeport Ca. 95453-4790. (707) 263-2273. Contact Person: Gerry Schaul, Acting Director of Engineering. PositiQn: Contract Administrator, Construction Coordinator, Resident Engineer'. Responsibilities: Administered Construction Cont,-act for the North Lakeport Water Treatment Plant System. Executed Pre--construction. and Construction meetings, Monthly. Reviewed Submittals and Trans-- mittals. Developed Punchlists on completed items and processed the progress Pay Applications ,Monthly. A 3.3 Million Dollar Project. June 1988.-March 1989: City of Willits, Water Treatment Plant System, Willits, Ca. 95490. Position: Construction Coordinator/Resident Engineer. Responsibilities: Served as Project Coordinator between the Design Engineer, the General Contractor and the Owner. Accomplished all on site fnspection and Coordinated the field testing on the entire project. A Z.5 Million Dollar Project. April 1987- January 1988: Yuba County Water District Water Treatment Plant. Position: Construction Coordinator~ Resident Engineer. ~esponsibilities: Served as Project Coordinator between the Design Engineer, The General Contractor, and the Owner. Accomplished alt on site inspection and coordinated the field testing on the entire project. A 2.~ Million Dollar Project. July 1982- February 1985' U.S. Department of Transportation(U.S.C.G.), Ketchikan, Alaska. Position: Construction and Maintenance Superi~enden Responsibilities: Administered construction and maintenance projes throughout the State of Alaska. Prepared Division Budget and Monitored and contlolled expenditures. Supervised from eight to thirty employees involved in rehabilitation of communications station, Lighthouses and housin~ complexes, and the construction of navigational aids, and other facilities .... May 1976- July 1982: U.S. Forest Service, Oroville, Ca., and Ketchikan Alaska. Positions: Construction Inspector/Project Engineer, Surveyor ( Surveyor Party Chief) and Engineering Designer, Maintenance Representative. Responsibilities: Per£orming Pre'construction engineering and Contract Administration. Coordinated work for and supervised two Survey Crews and an office staff o~ up to four Designers/Draftsmen; Computer design applications. Authored Reconnaissance Engineering Reports Supplemental Project Specifications and prepared Economic Analysis to determine project feasibility. June 1975-- May 1976: Lead Carpenter and Shop Foreman. Little Boy Construction & DP Designs. Responsible for all aspects of construction of frame-type structures. Assisted in preparation of Blueprints. Developed ~aterials lists and procured materials, supplies and services neccessary to complete projects. Maintained quality control and ensured that projects met applicable building codes. Designed and developed 'templates for new products. Supervised six empoyees engaged in actual, production of products. RL ,. 3801 Ridqewood Road Willits, Ca. 95490 September ' 12. ' 1993 Work Experience Continued- June 1972- June 1975: Licensed and Bonded General Contractor in the State of Washington. Began T & T Construction Company. Responsibilities: Served as Contractor and/or Sub-Contractor on such projects as construction of Custom Homes, Schools, Churches, and Office Buildings Business was fully Bonded. January 1971-- June ~972: Designer and Draftsman for a Pasco, Washinton building Pre-Fabrication Commerical Construction Company. During this period also worked for a small construction. company as a carpenter performing hands-.on layout, framing, concrete, and finish work. MAJOR ACCOMPLISHMF/~Ts: Cash award for outstanding sustained performance during period 3uly 1983 through july 1984. Letter of Commendation for Contract Officers Representative during Marine Railway Cradle Replacement-1983. Two Letters of Commendation for Excellence in moving of Floating Docks from Ketchikan, Ak., to outlying camps. 1981. Sincerel y, CARL C. THOMPSON August. Jb, '!994 FROM' Carl C. Thompson(Quality Technical Services) 3801 Ridgewood Road WJ 11 its, Ca. 95490 TO: The City of Ukiah, Dir'ectoz- o~ Utilities/Cit~, Manager PROJECT TITLE- WASTE%4ATER TREATMENT PI.ANT I'I}'G~ADE SUBJECT- PRICE QUOTATION It is my pleasure to be able to, of'Per my services as the Project Manager/Resident Engineer'/ Contract Administrator for the Wastewater Treatment Plant Upgrade. Prilce quotation of $50.00 per Hour at the . r Discretion of the Director ()~ [~b]i.c [Itilities, to run from the . beginning oi the construction phase o'f 'the project until at such time as the Director feelsthat my set. vices are-no longer needed. Carl C. Thompson September 12. 1 From' CARL C. THOMPSON (Quality Technical Services) 3801 Ridgewood Road Willits, Ca. 95490 To: City of Ukiah Sub3ect · Workman's Compensation insurance in the event that I have to hire additional employee's besides myself, I will in fact provide all insurances and compensation required by the State of California and will pay all estimated and actual Federal and State income and self- employment taxes that are due the State and Federal Government and shall furnish any other benefits required by law for myself and my employee's, if any. I will indemnify and hold the city of Ukiah dnd its o~f.icers, agents and employees harmless from and against any claims or demands Dy Federal, State or' Local Government agencies for any such taxes or benefits due but not paid by myself, including the legal costs associated with defending against any audit, c~aim, demand or law suit. ~ attest to this on t~is ~2.th day of Sep. tember,;..1992 Sincerely, CARL C. THOMPSONd7 ;"'"'/-~'--/S'~'''''A''