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HomeMy WebLinkAbout1995-08-02 PacketM - MOTION CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting RESUME CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 August 2, 1995 6:30 p.m. RC - ROLL CALL VV - VOICE VOTE AD - AS DESIREI 1. Roll Call 2. Invocation/Pledge of Allegiance 3. Proclamations - Honoring Carl Purdy Mayor read and presented to Carl Purdy's Grandaughters, Frances Purdy Carmichael and Vesta Purdy Hunt 4. Approval/Correction of Minutes One Corr. App a. Regular Meeting of July 5, 1995 Approved b. Regular Adjourned Meetings of July 10-12, 1995 o RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a revie of that decision by a court. The City has adopted Section 1094.6 of the California Code of Ci' Procedure which generally limits to ninety days (90) the time within which the decision of t: City Boards and Agencies may be judicially challenged. o CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and r~ call vote by the City Council. Items may be removed from the Consent Calendar upon reque of a Councilmember or a citizen in which event the item will be considered at the completi~ of all other items on the agenda. The motion by the City Council on the Consent Calendar w approve and make findings in accordance with Administrative Staff and/or Planning Commissi{ recommendations. Denied Authorized Res. No. 96-4 a. Claims for Damages Received from Peggy Myers; Wendy and Raymond Gifford; and B Bell and Refer to City Insurance Carrier, REMIF b. Authorize Mayor to Execute Agreement for Subdivision Improvements With Contra Security and Certificates of Insurance for Minor Subdivision Map Application No. 95-1 Located at 400 and 414 West Clay Street, as filed by Piero Anzilotti c. Adoption of Resolution Approving Final Map for Cleveland Subdivision MS 94-07 . AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. In order for everyone to be heard, plea limit your comments to three (3) minutes per person and not more than ten (10) minutes p subject. The Brown Act regulations do not allow action to be taken on audience comment~, 8. PUBLIC HEARING- 7:00 p.m. Adopted Res. No. 96-8 a. Consideration of Adoption of Resolution Adjusting Golf Course Fees 9. UNFINISHED BUSINESS Approved Malone/Schneiter a. Approval of Agreement and Grant of Easement for Avigation Easement Over Garden Cot Motel (Owners- Duscharme) b. Selection of Councilmembers to Serve on Sub-Committee to Evaluate 1995-96 Gra Funding for Community-Based, Non-Profit Organizations and Set Time for Sub-Committ Meeting 10. NEW BUSINESS Malone/Shoemaker a. Appointment of League of California Cities Voting Delegate and Alternate for Octob 22-24, 1996 Annual Conference Authorized b. Authorize the City Manager to Sign Agreement With Valuation Resource Manageme~ Inc., for Appraisal Services, Barcode Tagging of Assets, Property Control Manual aJ Annual Update Services, in an Amount not to Exceed $19,000; and Authorize the Purcha of a Bar Code Reading Device with Interface Software in an Amount Not to Exceed $2,41 11. CITY COUNCIL/REPORTS 12. CITY MANAGER/DEPARTMENT I-IF. AD REPORTS 13. In - 8:08 p.m. Out - 10:07 p.m. CLOSED SESSION- Urgency motion passed No action taken 14. ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. FIXED ASSET VALUATION SERVICES - COST COMPARISON American Appraisal Associates Valuation Resource Manaqement, Inc. Service Base fee $20,000 $14,500 Bar code tagging (1) 2,400 Purchase of bar code tags (2) (3) Appraisal updating 1,500 1,500 Property control manual N/A 600 Total costs $21,500 $19,000 (1) Included in base bid. (2) Additional cost to be determined by number of tags needed. (3) Included in bar code tagging cost. 500 N/A N/A N/A 3,500 Not bid 500 Other optional services Master file tape or diskette Fixed asset software - Stand alone - Network Annual software maint. & insurance update service Bar code hardware (4) Annual re-inventory service Trend factors (4) Each bid different equipment. 200 2,200 3,500 495 2,400 8,500 2OO M- MOTION CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting PROMPT CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 August 2, 1995 6:30 p.m. RC - ROLL CALL VV - VOICE VOTE AD - AS DESIREI o Mayor to Read3. 4. M/RC M/RC . Mayor to Read o Mayor to Read All M/RC . Mayor to Read Roll Call Invocation/Pledge of Allegiance Proclamations - Honoring Carl Purdy Approval/Correction of Minutes a. Regular Meeting of July 5, 1995 b. Regular Adjourned Meetings of July 10-12, 1995 RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a revic of that decision by a court. The City has adopted Section 1094.6 of the California Code of Ci' Procedure which generally limits to ninety days (90) the time within which the decision of tl 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 re call vote by the City Council. Items may be removed from the Consent Calendar upon reque of a Councilmember or a citizen in which event the item will be considered at the completi~ of all other items on the agenda. The motion by the City Council on the Consent Calendar w approve and make findings in accordance with Administrative Staff and/or Planning Commissi~ recommendations. a. Claims for Damages Received from Peggy Myers; Wendy and Raymond Gifford; and B Bell and Refer to City Insurance Carrier, REMIF b. Authorize Mayor to Execute Agreement for Subdivision Improvements With Contra Security and Certificates of Insurance for Minor Subdivision Map Application No. 95-1 Located at 400 and 414 West Clay Street, as filed by Piero Anzilotti c. Adoption of Resolution Approving Final Map for Cleveland Subdivision MS 94-07 AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. In order for everyone to be heard, plea limit your comments to three (3) minutes per person and not more than ten (10) minutes p subject. The Brown Act regulations do not allow action to be taken on audience comment,, M- MOTION RC- ROLL CALL VV- VOICE VOTE AD- AS DESIRED 8. PUBLIC HEARING- 7:00 p.m. M/RC a. Consideration of Adoption of Resolution Adjusting Golf Course Fees 9. UNFINISHED BUSINESS M/RC a. Approval of Agreement and Grant of Easement for Avigation Easement Over Garden Cot Motel (Owners- Duscharme) b. Selection of Councilmembers to Serve on Sub-Committee to Evaluate 1995-96 Gra Funding for Community-Based, Non-Profit Organizations and Set Time for Sub-Committ Meeting 10. NEW BUSINESS MfRC M/RC a. Appointment of League of California Cities Voting Delegate and Alternate for Octob 22-24, 1996 Annual Conference b. Authorize the City Manager to Sign Agreement With Valuation Resource Manageme~ Inc., for Appraisal Services, Barcode Tagging of Assets, Property Control Manual Annual Update Services, in an Amount not to Exceed $19,000; and Authorize the Purcha of a Bar Code Reading Device with Interface Software in an Amount Not to Exceed $2,41 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. SENT' BY'TELXON CHA~iPS ' 7-26-95 ' 14'~1 ; TELXON 216 87~ 2099--, 917074624281';~ ~3/ 4 noiogies into one of the most advanced Portable Tele-Transaction Computers avail- able. This li§htweight handheld employs dual CPUs 'for optimur~ performance- one for terr~inal processing, the other dedicated exclusively ro RF communica- tions. The rugged, ergonomically-designed PTC-9t2 is sealed against dust and moisture or'~d boasts double the display area of competitive products. The 8-lithe by 16 or 21 large cha~ractcr LCD features highly readable black-on-white graphics. A special productivity-enhancing keybc~ard separates the upper numeric cluster from the lower non-shift alpha panel. BarcocJes can be scanned automatically via object sense logic or by triggering the left or right-i~anded "scan" button. Power op'~ions include aik, aline Datterics or NiCd packs with built-in recharging circuitry. A fast-charge cradle option reduces recharging time to only 90 minutes and a~n optional dual-.function vehicle cradle provides unit recharging ~.~nd a communication link to vehicle- mounl:ed peripherals. PTC-912 LASER SCANNING HANDHELD I' F COMPUTER SENT BY :TFI XON CHAMPS ; 7-26-95 ; 14:32 ; TF_LXON 216 873 2099--, 917074624281;# 4/ 4 Tt;e latest entry in Telxon's evolving line of PortL~ble Tele-Transaction Com- puter:s, the PTC-960RF integrates three of the most powerful data capture, proc~.ss- ir~c.j and RF communication technolo.qies into a single unit that literally redefine.~ "ergonornic~lly designed." Engineered for optimum flexibili~, the 960RF combines adv~'~nc:ed PTC technol~,y witt~ barcode scanning and real-time cor~rnur~i- cations opl'ion~ ~o provide ~he ultimate, g~an~here extension of the r~ana~]e- r'nent infom~ation ne~o~. PTC-960RF BARCOD Telx()rt's ex¢:itJ.sive Core~ Module Design facilitates application-specific component integratior~ ~..~r~cJ in(.'ltJcJe.~ Flash EPROMs which enable immediate modifications to both the oper~ir~ Sy.St em and appli(:atic~n ~)rogram.s while resident in thc unit. This unique architecture also provides RAM ex- p;~nsion up to more than one megab~e. The P'IC-960RF offer.s a host of ergonomic and pr~uctiv- ity-enhancing features in,Tit]ding ~ non-shift., fl]Il alphanumeric keyboard and a 16-lithe by 21-c~ar- acter backlit LCD. SCANNING MICROCOMPUTER CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 August 2, 1995 6:30 p.m. 1. Roll Call 2. Invocation/Pledge of Allegiance 3. Proclamations - Honoring Carl Purdy 4. Approval/Correction of Minutes a. Regular Meeting of July 5, 1995 b. Regular Adjourned Meetings of July 10-12, 1995 . . . RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Claims for Damages Received from Peggy Myers; Wendy and Raymond Gifford; and B.J. Bell and Refer to City Insurance Carrier, REMIF b. Authorize Mayor to Execute Agreement for Subdivision Improvements With Contract Security and Certificates of Insurance for Minor Subdivision Map Application No. 95-12, Located at 400 and 414 West Clay Street, as filed by Piero Anzilotti c. Adoption of Resolution Approving Final Map for Cleveland Subdivision MS 94-07 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 (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments. 8. PUBLIC HEARING- 7:00 p.m. a. Consideration of Adoption of Resolution Adjusting Golf Course Fees 9. UNFINISHED BUSINESS a. Approval of Agreement and Grant of Easement for Avigation Easement Over Garden Court Motel (Owners- Duscharme) b. Selection of Councilmembers to Serve on Sub-Committee to Evaluate 1995-96 Grant Funding for Community-Based, Non-Profit Organizations and Set Time for Sub-Committee Meeting 10. NEW BUSINESS a. Appointment of League of California Cities Voting Delegate and Alternate for October 22-24, 1996 Annual Conference b. Authorize the City Manager to Sign Agreement With Valuation Resource Management, Inc., for Appraisal Services, Barcode Tagging of Assets, Property Control Manual and Annual Update Services, in an Amount not to Exceed $19,000; and Authorize the Purchase of a Bar Code Reading Device with Interface Sot'tware in an Amount Not to Exceed $2,400 11. CITY COUNCIL/REPORTS 12. CITY MANAGER/DEPARTMENT HEAD ~PORTS 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. From 1872_ to 1945 Carl Purdy saw Ukiah change from..nea~. ~ wilderness to a flourishing small town. Purdy's legacy as a botanist and native plant specialist is legendary and he was known to gardeners and ~ flower lovers throughout the world for his work with native bulbs and plants of the western United States. His gardens, "1'he Terraces," on the hills opposite Ukiah became a tourist attraction as his business grew from a boyhood job, in 1878, to a mail-order operation which, until 1950, sent California native bulbs to customers around the world. Ten native plants have been named for Carl Purdy, and he himself named 15 others. This man, known as the 'Dean of Wildflowers" wasa contemporary of Luther Burbank and John Muir; was an honorary member of many horticultural societies; was named a Fellow of the Royal Horticultural Society early in his career; and was a recipient of the Thomas Roland and Herbert medals, which are given for skill in horticulture. He was very active in Mendocino County agricultural ql~'airs and was the County's first Horticultural Commissioner. One of his greatest contributions to Mendocino County was the introduction of pear trees and the planting of the first orchards in the valley. . Many test. imonia.ls., can still be found in our community to ~ comme.m, orate h~s co.ntributions to the botany world. We have Carl Purdy Hall,_whlc_h is located at the 12th District Fairgrounds. Lesser known facts are that the Seminary Avenue median strip running to State Street in front of the Civic Center was named Purdy Park in 1929, and that the strip was at one time full of his beautiful flowers. Also, before moving permanently to his 'Terraces,' his personal residence was located on the lot immediately east of the Veteran's Memorial Building. To commemorate Mr. Purdy's many talents and enduring legacy in horticulture, the City of Ukiah will be featuring an exhibit about his life and accomplishments at the Sun House Museum, which will run from August 9, 1995 through January 7, 1996. NOW, T~-~F, FO~, 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, do hereby bestow honor to on the 50th anniversary of his death on August 8, 1945, and encourage all the citizens of Ukiah to look around at the pear trees and many beautiful flowers and plants of our region and remember the passion and contributions of this noteworthy individual. Fred Schneiter' Mayor DRAFT MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - July 10 - 12, 1995 The City Council convened in a regular adjourned meeting, which was legally posted and noticed, at 9:03 a.m. with the following Councilmembers present: Mastin, Malone, Shoemaker and Mayor Schneiter. Absent: Councilmember Wattenburger. Staff present: City Clerk McKay, City Manager Rough, Public Utility Director Barnes, City Engineer/Public Works Director Kennedy, Planning Director Sawyer, Public Safety Director Keplinger, Assistant tho the City Manager Harris, Finance Director Elton, Assistant Redevelopment Director DeKnoblough, and Assistant City Manager. The City Manager stated that Councilmember Wattenburger is unable to attend these hearings which were postponed from June 25 - 27, 1995, due to staffing level constraints in his department. He noted that Councilmember Wattenburger has submitted notations for the proposed budget which he has requested be addressed. He presented his 1995/96 Fiscal Year budget message to Council. Council queried staff regarding electric bond indebtedness, reduced landfill life expectancy, operations and maintenance costs, projected ending fund balances, and departmental budget requests matching the City Manager's recommendations. The Finance Director reported on the draft fiscal year 1995-96 fund summary which includes over 80 separate funds, 15 enterprise funds, and discussed general accepted accounting procedures for reserves, encumbrances, allocated costs as direct charges for costs assigned to all applicable departments/funds for specific items, explained financial accounting terminology and City practices, and iQvestment pool. Mayor Schneiter expressed concern regarding how depreciation is expended and where it goes to. Recess - 10:54 a.m. Reconvened - 11:03 a.m. The Finance Director outlined the accounting procedures used for depreciation line items in the proposed City budget. Mayor Schneiter stated his belief that depreciation expenses should go into capital replacement funds for future replacement of an asset, and should not just be used for accounting purposes only. Council queried staff regarding debt service, depreciation figures, accounting processes, last year's ending fund balances, reserve funds, ang debt summary. Recess - 12:28 p.m. Reconvened - 12:53 p.m. Council continued with inquiry regarding fund summary, personnel figures, part time personnel, and enterprise funds that lack sufficient revenues. The Finance Director explained the new accounting process used for allocated costs for rental of land and buildings, building maintenance, insurance, utilities, dispatch, purchasing and warehouse, billing and collections and corporation yard, garage and indirect charges. City Council Discussion ensued regarding allocation costs and percentages distributed to Council and the procedures used to determine these figures. It was the consensus of Council that the allocation for rent, utilities and maintenance is appropriate. It was the consensus of Council to address a better time distribution and a better system of distribution of costs for the Council portion of the budget. Reg. Adj. Mtg. July 10 - 12, 1995 Page 1 City Clerk It was the consensus of Council to budget for a 4% salary cost of living. Council directed staff to bring this matter back to Council at a future meeting. The City Manager recommended tying this increase to a fixed work schedule. Recess- 2:28 p.m. Reconvened - 2:40 p.m. Elections It was the consensus, of Council to add $10,000 to this budget line item for March 1996 ballot measures to put the question of a Council appointed City Treasurer and City Clerk positions to the voters to approve. city Treasurer Council queried staff' regarding City Treasurer contracted services, no benefits or employee costs, and records of the City Treasurer to be housed in the Central File Vault in addition to copies of computer diskettes. It was the consensus of Council to add the outside investment advisor contracted services cost of $10,000 to the City Treasurer budget. city Attorney Discussion ensued regarding upcoming issues that may need more of his services this year, and how cost allocations for his services are from his deta%led billing invoices. city Manager Council queried staff regarding personnel percentages, training expenses for a special executive training institute for 10-11 department heads, and reimbursable credit percentages and amounts. Personnel/Risk Management Council queried staff regarding personnel allocations. Secretarial Pool Council queried staff regarding possible additional laptop computer if more than one meeting is scheduled at the same time, the new upgrade of the phQne system, the addition of a new copier for the administrative wing, and levels of support for all departments by the number available in the pool. Community Outreach/Public Information Services Councilmember Shoemaker read Councilmember Wattenburger's written comment that $15,000 for a community attitude survey is not needed at this time, and his recommendation is to save this cost. Council discussion ensued regarding a professional citizens attitude survey with consensus to hire a professional company to conduct the survey, amounts for community organizational support and library support contribution, with consensus to set the amount of $30,000 for Community organizational support and request the library to submit a proposal and budget no funding at this time. Council proceeded their review of the funds for Miscellaneous General Government, Federal Emergency Shelter Grant, Fixed Asset Replacement Fund. Finance Department Council queried staff regarding the processes and the staffing levels of the department. Reg. Adj. Mtg. July 10 - 12, 1995 Page 2 It was the consensus of Council for staff to return with a proposal tomorrow morning. Council recessed - 4:48 p.m. July 11, 1995 The regular adjourned meeting was called to order at 9:02 a.m. with the following Councilmembers present: Malone, Shoemaker and Mayor Schneiter. Absent: Councilmembers Mastin and Wattenburger. Staff present: City Clerk McKay, City Manager Rough, Finance Director Elton, and Assistant to the City Manager Harris. Mayor Schneiter reported that Councilmember Mastin will be one hour late this morning. Finance Department (Continued) The city Manager and Finance Director submitted an analysis and proposal for the addition of a Controller position with details regarding where the additional funding will come from, with discussion following. It was the consensus of Council to add the position of Finance Department Controller as submitted by staff. The Finance Director reported on the newly proposed computer support services coordinator, the business improvement district, purchasing/warehouse fund. Councilmember Mastin joined the meeting at this time - 9:50 a.m. Council continued their page by page review of the Finance Department operations billing and collections operations. Recess - 10:26 a.~. Reconvened - 10:35 a.m. Planning Department Council proceeded with their page by page review of the Planning Department goals and budget including building inspection and code enforcement divisions. Council queried staff regarding the code enforcement officer duties, past, present and future processes, tree cutting increase with consensus for staff to forward a tree ordinance, the upcoming general plan implementations, and the need to raise building permit fees and implement updated current Uniform Building Codes. Public Safety Department Council began t~eir review of the Police Department proposed budget, accomplishments and 1995/96 objectives. Council queried staff regarding jail booking fees, the need for a animal control officer and County negotiations, fixed asset replacement fund, police vehicle purchases, asset seizures, K-9 program, narcotic task force participation, and police reserves. Fire Department Council proceed with their review of Fire Department, Fire Volunteers, Fire Volunteers Explorers, and the Public Safety Parking District Fund. Recess - 12:28 p.m. Reconvened - 1:00 p.m. Public Safety Dispatch Council proceeded with their review of the Public Safety Dispatch Fund and queried staff regarding funding from the Electric, Water and Sewer funds. Mayor Schneiter stated he would like next year's budget to reflect a reduction in reimbursable charges back to the City utilities, Reg. Adj. Mtg. July 10 - 12, 1995 Page 3 especially electric, on a City wide basis. Councilmember Shoemaker requested an analysis for a cost per dispatch call for each service of Police, Fire, Ambulance, Electric, Water, Sewer, Ft. Bragg, and Ukiah Ambulance. Discussion ensued regarding the philosophy of charging interdepartmentally. Ambulance Enterprise Fund Council queried staff regarding past and current billings, projected income for next year, and the new ambulance billing company. Mayor Schneiter expressed his continued concern for charging depreciation and not putting these funds into a capital replacement fund. A lengthy discussion ensued regarding the accounting processes used in enterprise funds and policy pertaining to depreciation and what would the overall effect be to the budget if this line item was removed in entirety. It was the consensus for staff to develop policies and procedures for this budget and report back regarding assets in regards to budgeted line depreciation and eliminate depreciation if it is more, and to put the positive ending fund year balance to a capital replacement fund of which Council permission must be obtained for expenditures. Recess - 3:36 p.m. Reconvened - 3:42 p.m. General Fund - Public Works Council queried staff regarding equipment and personnel levels for the pavement management system, process for road surface repair. Mayor Schneiter stated he is opposed to funding Clara Avenue traffic calming from the general fund as he approved the project which was to be funded by the KMART Air Quality mitigation funds. Councilmember Shoemaker indicated maybe we should find out if the entire neighborhood is interested in this program, and look at design before implementation. Councilmember Malone commented he is interested in this pilot program and spend the $30,000 - $40,000 to see if we can create a safer traffic situation, as there are other residential areas with the same problem... Councilmember Mastin stated we should look at this program. He noted MCOG has funding available for pedestrian and bicycle programs every year with a July 20 deadline for applications. Council continued with the review of the Engineering department and queried staff regarding administrative salaries, reimbursable credits, gas tax revenues, line item changes for utilities at the corporation yard, insurance charged to each department, garage operations and charges, and reviewed the Corporation Yard budget. Gas Tax Council queried staff regarding the traffic calming measures for Clara and Ford now that the KMART project may not be going forward. Councilmembers Mastin, Malone voted to keep in the budgeted amounts with Mayor Schneiter voting to remove the proposed project and Councilmember Shoemaker voting to keep the traffic calming project in only if tied to a construction project for the KMART site. The City Manager suggested staff proceed in incrmental stages such as complete a traffic study, survey the neighbors, prior to project approval, and review by traffic/streets Engineering Committee. Reg. Adj. Mtg. July 10 - 12, 1995 Page 4 Council concurred. Council finished their review of the Gas Tax budget. Council adjourned at 4:53 p.m., to April 12, 1995 at 9:00 a.m. for continued review of the proposed 1995-96 fiscal year budget commencing with the Solid Waste department. July 12, 1995 The City Council convened in a regular adjourned meeting at 9:03 a.m. in the Civic Center Council Chambers. Roll was taken and the following Councilmembers were present: Mastin, Malone, Shoemaker and Mayor Schneiter. Absent: Councilmember Wattenburger. Staff present: City Clerk McKay, City Manager Rough, Finance Director Elton, Assistant to the City Manager Harris, City Engineer/Public Works Director Kennedy, Public Works Administrator Goodrich, and Streets Superintendent Looney. Council continued their review of the proposed 1995/96 draft budget continuing with review of staff's revised fund balance summary sheets which reflect the changes due to removing depreciation line items and a revised list of past 5 years of part-time and seasonal employees, submitted by the Assistant to the City Manager. Review of the Solid Waste Disposal Site contractual services continued with Council questioning staff regarding landfill storm water runoff holding pond expansion and issues, additional costs and staff resources impacts from adjacent neighbors complaints, installation of a sewer line for leachate pumping, and viewing a video of the landfill dirt cover fill operations currently underway at the landfill s~te. Council queried staff regarding PG&E power line raising, scraper rental costs versus in house operations in comparison to outside company running the landfill separately, considering the landfill closing in 1999. It was the consensus of Council for staff to analyze doing in house cover fill operations (buying or leasing scrapers) in addition to reviewing outside contractors operating the daily landfill operations. Review and discussion proceeded of the yardwaste operations, an increase in tipping fees and garbage rates expected, and street sweeping. Recess: 10:55 a.m. Reconvened: 11:08 a.m. Community Services Council continued, with the review of the proposed 1995/96 fiscal year budget for the Community Services Department pertaining to general government buildings, parks, and Youth Service Ukiah. Council queried staff regarding original intent of Youth Service Ukiah being completely self-funding and expressed concern regarding where are the community leaders, business and school district that had originally promised financial support. Council commended the YSU program. The city Manager recommended that an advisory board needs to be formed to address fundraising and team sponsorships. Council continued review of the recreation department. Councilmembers Shoemaker and Malone requested the addition of an objective for staff to address the softball field lease and no development of the third softball field which was required. Council continued their review of the recreation program's detail and totals, and aquatics. Recess - 12:15 p.m. Reconvened - 12:40 p.m. Council commenced with discussion concerning the City Softball fields. Council began the review of the Grace Hudson Museum and Sun House accomplishments and objectives with City staff. Council Reg. Adj. Mtg. July 10 - 12, 1995 Page 5 commended the new Museum Director for her ambitious goals and Museum expertise. Council's budget review continued of the Community Services Golf Course and queried staff regarding green fees projected revenue, and fund balances. Public Utilities Council reviewed and queried staff regarding the electric department meter change out timeframes, the effects of removing depreciation figures, bond reserve requirements, NCPA revenue bonds, last years budget transfer, coverage ratios, and contingencies. It was the consensus of Council to ensure the transfer of $1,205,556 to reserve will be implemented this fiscal year budget. Councilmember Malone left the meeting at this time - 2:03 p.m. Council continued the review of the electric department various operations. With the changes in depreciation and power purchase cost projections, staff noted that a possible electric rate increase was unlikely. Water Council reviewed the water fund and queried staff regarding removing the depreciation line item and the effects, with staff noting a water rate increase is now unlikely. Recess: 2:45 p.m.. Reconvened: 2:53 p.m. Conference Center Plaza Council began their review of the budget pertaining to the Ukiah Valley Conference Center/Plaza, and questioned staff regarding impact to the parking downtown, add $1,00 for additional training expenses, no transfers from the general plan expected this year, separate line items for principle and interest expenses on the loan repayments for the purchase and construction of the center, and directed staff to bring back a report concerning ownership and repayment issues. Airport Council began their review of the Airport budget and queried staff regarding rental income, information signage, completion of the new entrance sign, taxiway lighting and above ground fuel tanks and effects on revenues, maintenance of facilities, and California Department of Forestry revenue. Recess to Redevelopment Agency - 3:55 pm. Reconvened as City Council - 4:10 p.m. Council convened in a Joint meeting with Ukiah Valley Sanitation District Board (Pinches, Schneiter and Chairman McMichael) and City staff to review the city/District Sewer Fund, revenue, expenditures and transfers. The City Council and the Ukiah Valley Sanitation District Board quieried staff regarding transfers, operations, dispatch costs, franchise fees, reserve accounts. Boardmember McMichael commended City staff for the excellent information, but requested the details previous to the meeting. Boardmember Pinches stated he feels very comfortable sitting on this board of a well run district. Boardmembers McMichael and Pinches left the meeting. Reg. Adj. Mtg. July 10 - 12, 1995 Page 6 M/S Mastin Shoemaker to adopt Resolution No. 96-7 approving the 1995-96 Fiscal Year Budget, as follows; RESOLUTION NO. 96-7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING THE 1995-96 FISCAL YEAR BUDGET BE IT RESOLVED by the City Council of the City of Ukiah, Stale of Califomia, that the budgel for the City of Ukiah for lhe Fiscal Year beginning July 1,1995, and ending June 30, 1996. be and Ihe same is hereby adopted as follows: Budget Appropriationa July t, t995 to June 30, t996 Fund No. Description Amount Fund No. Description Amount 100 General $ 5,993.240 603 Hanger and Site Improvement 21,200 115 General Fund Reserve 109,999 310 City Sewer Service 16,000 131 Equipment Reserve 28,899 611 Sewer Construction 2,564,855 140 Park Development 20.000 612 City/Disflct Sewer Service 1.815,024 141 Museum Granl 8,358 613 Sewer Pond conslmcllon 7.451 142 NSF Grant 33,169 620 Special Sewer C aptlal 11.000 150 REFA V 376,000 640 District Revolving 3,000 220 Parking District 135,233 650 Special District Capital 11,000 260 Downtown Business Improvement 13,000 660 Solid Waste Disposal Site2,163,317 300-303Gas Tax 1,256,404 681 Sanitary Disposal Reserve399.463 310 Special Aviation 18,777 665 Refuse/Debris Clean*Up Enterprise 160,594 3 t 2 Alrpod Master Plan 12,000 678 DIspalch 370.367 315 Alrpod Capital Impmvemenl 17,105 680 Ambulance 287.267 320 Alrpod Clearzooe 47.547 694 Golf Capital Reserve 84,764 332 Federal Emergency Shelter Grant 62,1 t 7 695 Municipal Golf Course 473,011 335 Community Developmenl Loan 4 t 5 696 Purchasing/Warehouse 172,291 361 High School Park Project2,358 697 Billing and Collections 425,197 400 Recreation 3.000 698 Fixed Asset Replacement 164.000 405 Youth Service Ukiah 6f,203 800-802Electric 12.082,665 410 Uklah Valley Conference Center 149,577 805 Street Lighting 111,585 550 Lake Mendocino Bonds 2,038,677 820 Water 1,576,000 555 Lake Mendocino Bond Reserves 72,000 910 Workers' Compensation Reserve 20,000 575 Municipal Garage 424,175 920 Liability Reserve 236,354 600 Airpod 464.236 601 Runway Constmcllon 7,398 NET BUDGET $ 34r531~292 Acct. No. FUND t00 - General Fund Approprlationa Descriptioq ° General Government 1001 City Council 1101 City Clerk 1105 Eleclions 1201 Cily Manager 1301 Finance 1401 City Attorney 1501 Community Planning 1601 personnel/Risk Management 1905 Secrelarial Pool 1910 City Treasurer 1915 General Government Buildings 1945 Community Outreach/Pub Info 1965 Compuler Suppod 1990 Miscellaneous Gen Government 2201 Building Inspection TOTAL Public Safety 2001 Police 2080 Narcotic Task Force 2090 Police Reserves :' Amount $ 27,984 32.820 10.000 80,508 228,772 24,366 197,392 49,047 99,209 13,932 60,000 58.200 24,875 66,043 ~L40,O4Q ~ 1,113,788 $ 2,078,190 69,822 17,000 PASSED AND ADOPTED Ibis 12th day of July, AYES: Councllmembers Maslln, Shoemaker, and Mayor Schneller NOES: None ABSENT: Co~jnc~ilmembers Malone and Watlenburger ABSTAIN: None l A Acct, No, Description Amount 2101 Fire 1.280,017 2190 Fire Volunteers/Explorers 32,839. TOTAL $ 3.477.868 Public Works 3001 Engineering and Administration $ 161,178 3110 Street Maintenance 411.183 3301 Corporation Yard 0_ TOTAL } 572.361 Public Utilities 3150 Traffic Signals $ 40,323 Community Services 6001 Parks $ 246.54 t 61XX Recreation 133.165 6130 Aquatics 80,246 6150 Grace Hudson/Sun House Museum 188,448 TOTAL $ 648.400 Transfers Out $ 140,500 GRAND TOTAL $ 5,993~240. 1995, by the following roll call vote: Fred ~chneller, Mayor There being no further business, at 4:36 p.m. the Council meeting was adjourned CCMIN. 204 Cathy McKay CMC/AAE, city Clerk Reg. Adj. Mtg. July 10 - 12, 1995 Page 7 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - July 5, 1995 DRAFI The City Council convened in a regular meeting, of which the agenda was legally noticed and posted, at 6:32 p.m. Roll was taken with the following Councilmembers present: Mastin, Malone, Shoemaker and Mayor Schneiter. Absent at Roll Call: Councilmember Wattenburger. Staff present: City Clerk McKay, City Treasurer Coyne, City Manager Rough, Assistant to the City Manager Harris, Public Utilities Director Barnes, Planning Director Sawyer, Finance Director Elton, City Engineer/Public Works Director Kennedy, Public Works Analyst Goodrick, Public Safety Director Keplinger, Assistant City Manager Horsley and Airport Manager Bua. 2. Invocatlon/Pledge of Alleglance Councilmember Shoemaker and Mayor Schneiter led the Pledge of Allegiance. Special Order of Business 3a. Introduction of New Senior Center Executive Director, Terr Willis Mayor Schneiter introduced Ms. Willis, who provided Council with a brief Biography and a slide presentation regarding the Senior Center and its activities. Approval/Correction of Minutes 4a. Regular Meeting of June 21, 1995 Councilmember Wattenburger arrived at this time of 6:44 p.m. Councilmember Shoemaker questioned the wording pertaining to the correction wording for the minutes of the June 10, 1995 meeting, of which the City Clerk clarified, and requested the change to Page 2, Item 8a., 5th paragraph, second line, delete the word "year" and replace with the word "ton". M/S Shoemaker/Malone to approve the minutes of the regular meeting of June 21, 1995, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. Abstain: Councilmember Wattenburger. 5. RIGHT TO APPEAL DECISION Mayor Schneiter reviewed Government Code Section 1094.6 of the California Code of Civil Procedures regarding the appeal process. CONSENT CALENDAR Councilmember Mastin requested Item 6g. Adoption of Resolutions Removing Highland Avenue as a One-Way Street~ Establishing a Prima Facie Speed Limit of 15 mph, and Requiring Vehicles to Stop on Highland Court be pulled from the Consent Calendar. It then became New Business Item 9c. M/S Shoemaker/Mastin to approve the Consent Calendar as follows; 6a. Denied the claims for damages received from Matthew Elliott, Timothy Fischer, and referred them to the City Insurance Carrier, REMIF. 6b. Awarded bid to Jones Chemicals, for Sodium Hydroxide, in the amount of $334.25/Ton. 6c. Awarded of bid to McFarland Cascade for various size Class 3 Western Red Cedar Poles in the amount of $12,687.68, including sales tax. 6d. Accepted the work as complete, and directed the City Clerk to Reg. Adj. Mtg. July 5, 1995 Page 1 file Notice of Completion with the County Recorder for Construction of Taxiway Lighting and Improvements at the Ukiah Municipal Airport, Spec. No. 94-01 AIP #3-06-0268-04. 6e. Accepted the work as complete and directed the City Clerk to file Notice of Completion with the County Recorder for furnishing and installing a Fuel Storage Tank at the Ukiah Municipal Airport, Spec. No. 94-10. 6f. Approved the Final Map Minor Subdivision No. 94-07, and Subdivision Improvement Agreement, and Acceptance of Parcel "A" and Easements for the Cleveland Subdivision. The motion was carried by the following roll call vote: AYES: Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Absent: None. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS None. UNFINISHED BUSINESS Sa. Annual Nomination and Appointment of Commissioners an4 Boar4 Members Jim Mastin questioned the reason why there was no interviews of Planning Commissioners this time. Mayor Schneiter indicated time constraints and Councilmembers are familiar with the applicants for Planning Commission. Councilmember Wattenburger questioned Mr. Winiger's residence, and it was the consensus of Council that Mr. Winiger's true residence is out of the City limits and therefore cannot qualify for Planning Commission. i. Planning Commission Applicants - Ashiku, Randolph, Larson, Farnbach, Froneberger, Baker, McCowen, Winiger (3 vacancies) Mayor Schneiter nominated Phillip Ashiku to another three year term on the Planning Commission. Councilmember Wattenburger seconded the nomination. The nomination was approved with a unanimous voice vote of all AYE. Councilmember Shoemaker nominated Cheryl Baker to a three year term on the Planning Commission. The nomination was seconded by Councilmember Malone. The nomination was approved with an affirmative majority voice vote with Councilmember Mastin voting NOE. Councilmember Wattenburger nominated Eric Larson to a three year term on the Planning Commission. Councilmember Shoemaker seconded the nomination. The nomination was approved with a unanimous voice vote of all AYE. ii. Airport Commission Applicants - Hunter, Fowler, Froneberger, (3 vacancies) Council questioned whether the residence of Kenneth Fowler is within the sphere of influence. ~ The City Attorney determined that the City Code provides for two members to reside within the current LAFCO sphere of influence, and Mr. Fowler residence currently complies. Mayor Schneiter nominated Allan Hunter to another three year term on the Airport Commission. Councilmember Shoemaker seconded the motion. The nomination was approved with a unanimous voice vote of all AYE. Councilmember Shoemaker nominated Ken Fowler to serve a three year term on the Airport Commission. Councilmember Malone seconded the Reg. Adj. Mtg. July 5, 1995 Page 2 nomination. The nomination was approved with a unanimous voice vote of all AYE. Councilmember Wattenburger nominated Matthew Froneberger to a three year term on the Airport Commission. The nomination was seconded by Councilmember Malone. The motion was carried by a unanimous voice vote of all AYE. iii. Parks and Recreation Commission Applicants - Hooper, Carter, Meier, Malone (3 vacs.) Mayor Schneiter nominated Angela Hooper to another three year term on the Parks and recreation Commission. The nomination was seconded by Councilmember Wattenburger. The motion was carried b~ a unanimous voice vote of all AYE. Councilmember Shoemaker nominated Allen Carter to another three year term on the PArks and Recreation Commission. Councilmember Mastin seconded the nomination. The motion was carried by a unanimous voice vote of all AYE. Councilmember Wattenburger nominated John Meier to another three term on the Parks and Recreation Commission. The nomination was seconded by Councilmember Malone. The motion was carried by a unanimous voice vote of all AYE. v. Cultural Arts Advisory Board Public Member Applicants - Vogel (4 vacancies) Mayor Schneiter nominated Barry Vogel to a three year term on CAAB. The nomination was seconded by Councilmember Wattenburger. The motion was carried by a unanimous voice vote of all AYE. v. Receive and Accept Letters of Resignation From Planning Commissioner Menton and Airport Commission Simon and Adopt Resolution Confirming Nominations M/S Shoemaker/Wattenburger to adopt Resolution No. 96-5, making appointments to the Planning, Airport, Parks and Recreation Commissions, and Cultural Arts Advisory Board. The motion was carried by the following roll call vote: AYES; Councilmember Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. M/S Wattenburger/Mastin to accept letters of resignations from Planning Commission Menton and Airport Commissioner Simon, with Mayor to write letters to commissioners to thank them for their service. The motion passed with a unanimous voice vote of all AYE. Bb. Approval of..Final Ambulance Dispatch Agreement with Ukiah Ambulance and Authorize Mayor to Execute Agreement The Public Safety Director reported since conceptual approval by Council at the regular meeting of June 21, 1995, the proposed agreement contains minor changes by the City Attorney, which meets with approval of Ukiah Ambulance owner Mr. McAdoo and his attorney. He explained the two additional minor provisions which have been approved. He noted the agreement will be rewritten upon approval of Council, and submitted for Mr. McAdoo and the Mayor's signatures. Council queried staff regarding after hours transportation procedures, the dispatch process, and Ukiah High School transportation of employees due to an existing medical plan. M/S Shoemaker/Malone to approve the final ambulance dispatch agreement and authorized the Mayor to execute final agreement. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. 8c. Consideration of Outside Investment Advisor to Evaluate City's Investment Portfolio Reg. Adj. Mtg. July 5, 1995 Page 3 The City Manager reported on the City Attorney's research and recommendation for Chandler Liquid Asset Management Inc., to provide outside investment analysis include which will included 1. Provided a complete description of the risk/return characteristics of each position; 2. Marking each security to its approximate market value; 3. Calculating the expected total return on each security over the next year over a range of possible interest rate environments; 4. Making recommendations as to whether each security should be held maturity, sold now, or sold at some future date if conditions change; 5. Determine the cost value of the total portfolio as of March 31, 1993; 6. The month-end cost value of the total portfolio for each month from April 1993 through June 1995. The City Attorney reported on his recommendations received from the City of Danville, not to exceed of $9,000 plus June 30 letter costs of $400 to $1200 Council discussion ensued regarding whether travel time will be needed. The City Treasurer indicated Items No. 2 and No. 3 will be necessary for Chandler to conduct in order to do the other processes. He indicated this cost is as he originally estimated. M/S Malone/Wattenburger to authorize the retention of Chandler Liquid Asset Management, Inc. to serve as an Investment Advisor, in an amount not to exceed $9,999. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES; None. NEW BUSINESS 9a. Viewing of th~ Redding Waste Transfer Site Facility Videotape Councilmember Shoemaker narrated a 10 minute video of the new facility in Redding owned and operated by the City of Redding with 17 public works employees, at a cost of 10 million dollars. He noted the City of Redding operates the County landfill site which is a title D, fully lined facility at a cost to $28 per ton cost to dump. He explained Redding collects with a fully automated curbside pickup program for 90 gallon toters for mixed refuse from its citizens at a cost of 13 dollars per month. 9b. Consideration of Proposal and Adoption of Resolution to Self Insure for Pollution Coverage at Landfill The Assistant City Manager reported on the regulations by the California Integrated Waste Management Board requiring all solid waste landfill operators must demonstrate adequate financial ability to compensate third parties for bodily injury and property damage caused by facility operation prior to closure. She outlined current City coverage through REMIF and the unknown factors with the benzene contamination in two wells and incomplete findings at this time. She explained insurance carriers exclusions and coverage for types of pollutants. Discussion ensued regarding costs, potential for contamination and existing findings at the solid waste site. M/S Shoemaker/Malone to adopt Resolution No. 96-6, self-insuring City for pollution contamination at the Ukiah Landfill. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. 9c. Adoption of Resolutions Removing Highland Avenue as a One Way Street, Establishing a Prima Facie Speed Limit of 15 mph, and Requiring Vehicles to Stop on Highland Court Councilmember Mastin questioned whether a stop sign and increasing this street to a two way street will address Mr. Durbin's concerns. Reg. Adj. Mtg. July 5, 1995 Page 4 The City Engineer/Public Works Director noted that Mr. Durbin is aware of and has approved these recommendations and it was Mr. Durbin who suggested the 15 mph speed limit, and the residents in the area. Candace Horsley, a former resident of the area, stated she has observed these implemented procedures working successfully. She has noted increased safety in this area and indicated the residents seem very pleased with these changes. M/S Shoemaker/Wattenburger to adopt Resolution No. 96-1 modifying Resolution No. 92-33 by removing a portion of Highland Avenue as a designated one-way street, Resolution No. 96-2 establishing a prima facia speed limit of 15 MPH on Highland Avenue between Highland Court and Clay Street, and Resolution No.96-3 establishing the requirement for vehicles to stop on the southbound approach of Highland Avenue at Highland Court. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. 10. CITY COUNCIL/REPORT~ Councilmember Mastin - Reported the fireworks last night were great, and the Mendocino Transit Authority Board elected him as Chairman of the Board and reported on the MTA budget which was adopted. Councilmember Malone - Noted last Sunday concert in the park with the symphony was very good for an outdoor non-amplified concert. Councilmember Wattenburger - Expressed his remorse he is unable to attend all of the budget hearings, as he needs to reserve his vacation schedule 6 months in advance and wished the City could have kept our original budget hearings dates. Councilmember Shoemaker - Reminded Council of the GMSC dinner coming up and a tree planting in Willits to honor deceased Sheriff Deputy Davis, reported on the Mendocino Solid Waste Management Authority current business, reported the August 5 meeting in Arcata for Redwood Empire Divisional meeting, and reported he did not attend the Housing subcommittee meeting in L.A due to a bomb threat. Mayor Schnelter - Requested immediate training for the new Planning Commissioners by staff or outside conferences, reminded Council of the Growth Management Steering Committee dinner on the 13th, reported on the American Power Association conference he and the Public Utilities Director attended last week in Seattle. 11. CITY MANAGER/DEPARTMENT HEAD REPORTS The City Manager reported that AB 318 bill by Katz has been turned into a two year bill and is not scheduled for subcommittee hearings, and he outlined the report on the landfill hazardous waste incident last week where it was determined that a container of ammonia may have been the cause of the fumes which overcame the compactor operator. CLOSED SESSION lZa. G.C. Section 54956.9 - Conference with Legal CounSel Regarding Potential Litigation The Mayor announced this meeting in Closed Session is expected to have no action taken. Recess - 8:26 p.m. Reconvened - 8:30 p.m. Council went in to Closed Session at 8:31 p.m. Council came out of Closed session at 9:45 p.m. 13. ADJOURNMENT Reg. Adj. Mtg. July 5, 1995 Page 5 There being no further business, the meeting was adjourned at 9:46 p.m. to July 10, 1995, 9:00 a.m., in Civic Center Council Chambers for start of three day Budget Hearings. CCMIN.203 Cathy McKay CMC/AAE, City Clerk Reg. Adj. Mtg. July 5, 1995 Page 6 ITEM NO. 6a. DATE: August 2, 1995 AGENDA SUMMARY REPORT SUBJECT: Claim for Damages Received From Peggy Myers, Wendy and Raymond Gifford, B.J. Bell; Deny and Refer to City Insurance Carrier The claim from Peggy Myers was received by the City Clerk on July 6, 1995 for alleged damages to her car when she backed into cement barriers in the golf course parking lot. The claim for indemnity received from Wendy and Raymond Gilford, regarding Mendocino County Superior Court Case No. 72038. The claim from B.J. Bell was received by the City Clerk on July 18, 1995 for alleged damages to a television set, occurring July 8 or 9, 1995. RECOMMENDED ACTION: Deny the claims received from Peggy Myers, Wendy and Raymond Gifford, and B.J. Bell, and refer them to the City's insurance carrier, REMIF. ALTERNATIVE COUNCIL POLICY OPTIONS: Alternative action not advised by City Risk Manager. Acct. No. (if NOT budgeted): N/A Acct. No.: Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested bY: Prepared by: Cathy McKay, City Clerk Coordinated with: Charles L. Rough, Jr., City Manager / Attachments: /} lt. M/~ers,]lGit~rd, ~d~Bell claims APPROVED: ¢~ ~,~~x[ NOTICE OF CLAIM AGAINST THE CITY OF UKI , CALIFORNIA This claim must be presented, as prescribed by Parts 3 and 4 of Division 3.6, of Title 1, of the Government Code of the State of California, by the claimant or by a person acting on his/her behalf· .:~ :*~ RETURN TO: City Clerk's Office City of Ukiah 300 Seminary Avenue Ukiah, California 95482 i · · CLAIMANT ' S NAME: CLAIMANT'S ADDRESS: Number/Street and Post Office Box City State Zip Code Home Phone Number Work Phone Number · NAME AND ADDRESS OF PERSON TO WHOM NOTICES REGARDING THIS CLAIM SHOULD BE SENT (if different than above): · · · PLACE OF THE ACCIDENT OR OCCURRENCE: )O,/~?~)A!~..~ , i~ ,. GENERAL DESCRIPTION OF THE ACCIDENT OR OCCURRENCE (Attach additional pages if more space is needed): .,;~ /~T'(/_%.OH~, · NAMES, IF KNOWN, OF ANY PUBLIC EMPLOYEES CAUSING THE INJURY OR LOSS: ~ · · NAMES AND ADDRESSES OF WITNESSES (optional): ae NAME ADDRESS TELEPHONE NAMES AND ADDRESSES OF DOCTORS/HOSPITALS WHERE TREATED: NAME ADDRESS TELEPHONE a. ~ Be 10. GENERAL DESCRIPTION OF THE LOSS, INJURY, OR DAMAGE SUFFERED: 11. 12. TOTAL AMOUNT CLAIMED' ,-~,, , THE BASIS OF COMPUTING THE TOTAL AMOUNT CLAIMED IS AS FOLLOWS: Damages incurred to date: Expenses for medical/hospital care: $ Loss of earnings: $ Special damages for: General damages Estimated prospective damages as far as known: Future expenses for medical and hospital care: Future loss of earnings: Other prospective special damages: Prospective general damages: The claim shall be signed by the claimant or by some person on his/her behalf. A claim relating to a cause of action for death or for injury to the person or to personal property or growing crops shall be presented not later than six (6) calendar months or 182 days after the accrual of the cause of action, whichever is longer. Claims relating to any other causes of action shall be presented not later than one (1) year after accrual of the cause of action. GNATURE OF CLAIMANT(S) Recei{~e~"-in City Clerk's Office this ' ' 995 !/ SIGNATURE NOTE: This form of claim is for your convenience only, and any other type of form may be used if desired, so long as it satisfies the requirements of the Government Code. The use of this form is not intended in any way to advise you of your legal rights or to interpret any law. If you are in doubt regarding your legal rights or the interpretation of any law, we suggest that you seek legal counseling of your choice. 3: FORI~CLAIM Rev: 3110195 ', ~ 9~9 I;I. State St. ,. Uklah, CA 95482 462-8390 FARMER BROS. AUTO BODY, INC. Comld~te Collisio. Work Restoration of Fine Automobiles Custom Painting Name Home phone Insured by ~/~/~/~ . ~.,~ ] B. usiness phone Address Adjuster Serial No. Make of car Model Date Color Mileage License No. Repl. Description of repairs and replacements Number -- Amount Labor amount Paint labor The skills of our profes- sional people and the most effective repair equipment help us repair your damaged vehicle in the best possible wcty. For unitized body damage~ we use the Chief EZ Liner II to accurately and quickly repair your car to manufac- turer's speciflcatior~ Our skilled craftsmen then take profes- sional care in finishing and painting your car to complete the job to your satisfac- tior~ Because we know you take pride in your car, we take pride in our work. CHIEF AUTOMOTIVE SYSTEMS, INC. Body labor hours Paint labor hours Paint & material Parts Sublet Towing Sub total Tax Total estimate Thil Ntlfrm# Il blind on (xir iflllXCttofl and clout not cover additional Ic)artl c)~ Ilb(w which may be required after the wodt h&o !:~ otarted. Aft~r the ~ I1~ otart~;I, worn or dal1~ged parts which am not evident on fk, st tnloectlon may bi dilcovetod. Naturally thio eotim&to cannol This work authorized by O-- ITl O0 -- X ~NVO!CE COPY LAW OFFICES OF ALVORD gr EWING A PARTNERSHIP ED ALVORD MIKE EWlNG GAVAN MUNn'ER PATRICIA SHAW POST OFFICE Box 400 55 FIRST STREET, SUITE 390 LAKEPORT, CALIFORNIA 95453-0400 TELEPHONE (707) 263-6400 OFFICE MANAGER/LEGAL ASSISTANT MELANIE CURRAN FACSIMILE (707) 263-7047 June 14, 1995 Clerk ..City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Re: Walker v. Oifford Mendocino County Superior Court Case No. 72038 TO WHOM IT MAY CONCERN: Enclosed, please find a Notice of Claim against the City of Ukiah. Please file the original and return the endorsed-filed copy in the envelope provided. Thank you. Sincerely, _ -/ Gavan R. Munter GRM: kp Enclosure JUN-- 1 ~--95 TUE I 4 : 0 1 ¢ P.01 I~OTICE OF CLA/A{ AGA/~ST THE CITY OF UKIAH CALIFORNIA Th£m oL&£m mus~ bA presented, as prescribed by Parts 3 and 4 of Division 3,6, of Ti~o 1, of ~he Oover~ent ~do of the Sta~e of California, b~ ~h~ clni~mnt, or City Clmr~'s office 300 8em£nary &venue Ukiah, Cali£ornia RETURN TO: CLAIMANT'S NAME: WENDY'ANN GIFFORD AND RAYMOND GIFFORD CLAiMANT'~ ADDRESS: ~/o Gavin R....Munter~ Alvord &. Ewin~, P.O. Box 40~ -Number/S~ree~ an~ Pos~ office Box Lakeport CA )5453 -~ity State Zip Code -Home phone Number 707/263-6400 -- Work Phone Number · NAME AND ADDRESS OF PERSON TO WHOM NOTICES REGARDING T~IS CLAIM SHOULD BE .SENT (if different than above): 1 · · · , , DATE OF THE ACCIDENT OR OCCURRENCE:__Inpident. Date - 8/13/94 .. PLACE OF THE ACCIDENT OR OCCURRENCE:_See plaintiff's GENERAL DESCRIPTION OF THE ACCIDENT OR OCCURRENCE (Attach, additional page~ if mor~ space is needed): See plaintiff s complaint. Plaintiff alleses injuries and damage ar~'sing fro~ two distinct incidents. 0ne~ a. motor vehicle accident on 6/8/94 involving '~laihtiff and Wendy and R~mond Gifford. The oth'~r~ a'trip and fal' on 8/13/94 invol~.~n~ plaintiff and' the Cit~ of Ukiah. This claim is for indemnity. N~4ES, IF KNOWN, OF ANY PUBLIC ~MPLOY~S CAUSING THE INJURY O~ LOSS: Unknown ,,, , .... _ -- ~A~ES AND ADDRESSES OF WITNESSES (optional): Unknown NAME ADDRESS TEL£PHONE A· ' . B. -- NAMES AND ADDRESSES OF DOCTORS/HOSPITALS WHER~ TKEATED: Unknown NAME ADDRESS T~LEPHO~ -- A. B. 10. ii. GENERAL DESCRIPTION OF THE LOSS, INJLT~¥, OR D~24AGE SUFFERED: Unknown. . ...... - · ___ ,, TOTAL AMOUNT CLAIMED: Unknown. __1 , · 111 THE BASIS OF COMPUTING TH~J TOTAL ~IOUNT CLAIMED IS AS FOLLOWS: Damages incurred %o date: Expenses for medical/hospital care: $ Loss of earnings: special damages for: -- -- G~n&ral damages -- $_. .... Estimated prospective damages as far as known: Future expenses for medical and hoopital care~ Future loss of earnings: $ Other pro~ectiv~ special damages: $ Prospective general damages: The claim shall be signed by the claimant or by some person on his/her behalf. A claim relating to a cause of action for death or for injury to the person or to personal property or growing crops shall be presented not later than ~i~ (6) calendar months or 182 days after the accrual of the cause of action, whichever is longer, Claims rela%ing ~o ar~y other cau=es of act,.on shall be pre~ented not later than one (1) y~ar after accrual of the cause of action. DATED: SIG~ATURE OF CLAIMANT (S) Reoeivea in city Clerk's office this 19___. day of~_ , SIGNATURE NOT~: This ~orm of c~aim is for your convenience only, and any other type of form may be used if desired, so long as it sa=lsfl~. ~he =equ£r.ment. of the C~vernment Code. The use of this form £~ not intends4 in any way to advise you of your legal rlgh=s or =o interpre= any l&w. If you are in doubt regarding your legal rights or ~he interpretation of any law, we suggest ~hat you seek legal counseling of your ~:FOitls~CLAIM It~: ~110~ ATTORNEY OR PARTY WITHOUT ATTORN~" ~AME AND ADDRESS): PANO STEPHENS f42122~ (707) 201 North State Street P.O. Box 1548 Ukiah, CA 95482 ATTORNEY FOR (NAME): Plaintiff In~rt ne,Ti of court, judicial district or branch court, if any. and post office and street addraee: TELE~ ,NE: FOR COURT USE ONLY MENDOCINO COUNTY SUPERIOR COURT Courthouse P.O. Box 996 State & Standley Streets Ukiah, CA 95482 P~INT]FF: PATRICIA E. WALKER DEFENDANT: 462-1996 MENDOCINO SUPERIOR COURT CLERK WENDY ANN GIFFORD, RAYMOND GIFFORD, CITY OF UKIAH __~ DOES 1 TO 2 0 COMPLAINT - Persor~al Injury, Property Damage, Wrongful Death ~] MOTOR VEHICLE I~ OTHER (spe<:ify): PREMTSES [-'-] Property Damage ~ Wrongful Death I~] Personal Injury ~ Other Damages (specify)= CASE NUMBER: F2038 1. This pleading, including attachments and exhibits, consists of the following number of pages: 2. a. Each plaintiff named above is a competent adult ~ Except plaintiff (name}. [:~ a corporation, qualified to do business in Califomia ._ [---] an unincorporated entity (describe}. [--] a public entity (describe/. [---I a minor ['---] an adult [---I for whom a guardian or conservator of the estate or a guardian ad litem has been appointed ~ other (specify):. ~ other [spec/fy/. F--] Except plaintiff (name/. [-'-] a corporation qualified to do business in California [----] an unincorporated entity (describe/. [::2:] a public entity (describe}. ~ a minor l'-'-] an adult ~ for whom a guardian or conservator of the estate or a guardian ad litem has been appointed- ~ other (specify/. [--"] other (specify/. b. l--"] Plaintiff (name/. is doing business under the fictitious name of (specify}. and has complied with the fictitious business name laws. c. ~'] Information about additional plaintiffs who are not competent adults is shown in Complaint- Attachment 2c. (Continued) ~ ~ o, c~.~ COMP LAINT- Personal Injury. Property Damage. Elfec'tlve ,January.1.. 1~ Wrongful Death 6/8/94 cc~ ~2~12 SHORT TITLE: CASE NUMBER: COMPLAINT-Personal Injury. Property Damage, Wrongful Death 3. a. Each defendant named above is a natural person ~] Except defendant (name~. CITY OF UKIAH ~'~ a business organization, form unknown ~ a corporation [~ an unincorporated entity (describe~. public entity (describe~. [=~.tblic agency - City {---] other (specify~. Except defendant (narne~. ~ a business organization, form unknown ~ a corporation ~-] an unincorporated entity (describe~. public entity (describe~. other (specify~. Except defendant (name~. business organization, form unknown corporation an unincorporated entity (describe~. public entity (describe~. [--'] other (specify~. Except defendant (narne~. ~ a business organization, form unknown ~ a corporation ~-] an unincorporated entity (describe~. public entity (describe~. other (specify~. b. The true names and capacities of defendants sued as Does are unknown to plaintiff. -' .-. --r ......................... ,_. ................. ~ ...... . .......... ~ ......... c. [~ Information about additional defendants who are not natural persOns is ~ontain~ in complaint- ' ~ Attachment 3c. d. ~ Defendants who are joined pursuant to Code of Civil Procedure section 382 are (names~. 4. {-~ Plaintiff is required to comply with a claims statute, and a. [-~ plaintiff has complied with applicable claims statutes, or b. [---} plaintiff is excused from complying because (specify~. This court is the proper court because ~ at least one defendant now resides in its jurisdictional area. * - [~ the principal place of business of a corporation or unincorporated association is in its jurisdictional area. ~-~ injury to person or damage to personal property occurred in its jurisdictional area. ~ other (specify~. 6. ~ The following paragraphs of this complaint are alleged on information and belief (specify paragraph nurnbers~. (Continued) 6/8/94 · ~HORT TITLE: CASE NUMBER: COMPLAINT-Personal Injury, Property Damage, Wrongful Death (Continued) The damages claimed for wrongful death and the relationships of plaintiff to the deceased are I'---] listed in Complaint-Attachment 7 ~ as follows: Page lh~ 8. Plaintiff has suffered [-~ wage loss ['~ hospital and medical expenses ~ property damage [~] other damage (specify~. ~] loss of use of property r-~ general damage [-~ loss of eaming capacity 9. Relief sought in this complaint is within the jurisdiction of this court. 10. PLAINTIFF PRAYS For judgment for costs of suit: for such relief as is fair. just. and equitable: and for ~ compensatory damages ~ (Superior Court) according to proof· r---! (Municipal and Justice Court) in the amount of $ other (specify~. PREJUDGMENT INTEREST 11. The following causes of action are attached and the statements above apply to each: (Each complaint must have one or more causes of action attached.) ~ Motor Vehicle l---! General Negligence [---'1 Intentional Tort [~ Products Liability [~! Premises Liability ~ Other (specify~. ~ANO....STEPHENS ....................................................................... (Type o~ IXim n~me) .................. COMPLAINT-Personal Injury, Property Damage, Wrongful Death (Continued) 6/e/94 P~ thm4 CCP 42S. 12 SHORT ~qTLE: ~ ~ .... CASE NUMBER: WALKER v. GIFFORD FIRST CAUSE OF ACTION- Motor Vehicle {numr~r) Page 4 ATTACHMENT TO [-~ Complaint ~ Cross-Complaint (Use a separate cause of action form for each cause of action.) Plaintiff (name}. PATRICIA E. WALKER blV-1. Plaintiff alleges the acts of defendants were negligent: the acts were the legal (proximate) cause of injudes and damages to plaintiff: the acts occurred on (date} June 8, 1994 at(place~. Grove Avenue near intersection with Bush Street, Ukiah, California. IdV-2. DEFENDANTS a. ~-~ The defendants who operated a motor vehicle are (names} WENDY ANN GIFFORD {~] Does 1 to 2 b. [-~ The defendants who employed the persons who operated a motor vehicle in the course of their employment are (names):. -' - [~] Does 2 c. ~ The defendants who owned the motor vehicle which was operated with their permission are (names} WENDY ANN GIFFORD, RAYMOND GIFFORD ~ Does 2 to 10 The defendants who entrusted the motor vehicle are (names}. WENDY ANN GIFFORD, RAYMOND GIFFORD [-~ Does 2 to 10 The defendar~ts who were the agents and employees of the other defendants and acted within the scope of the agency were (names}. Each defendant was the agent/employee of each remaining defendant. __ ~ Does 1 to 10 f, ~'~ The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are ~ listed in Attachment MV-2f ~'~ as follows: California Vehicle Code Section 21703 is a public safety law. Defendants violated said law in the c~.rcumstances alleged. Such violation constitutes negligence per se and is the cause of the injuries and damages to plaintiff alleged herein. 1 to 10 CAUSE OF ACTION-Motor Vehicle 6/8/94 (~ 4~5.12 SHORT TITLE: ("'- "CASE NUMBER: WALKER v. GIFFORD SECOND CAUSE OF ACTION-Premises Liability Page t. numberJ ATTACHMENT TO ~ Complaint {'---] Cross-Complaint (Use a separate cause of action form for each cause of action.) Prem. L-l. Plaintiff (name}. PATRICIA E. WALKER alleges the acts of defendants were the legal (proximate) cause of damages to plaintiff. On (date}.August 13, 1994 plaintiff was injured on the following premises in the following fashion(desc~onofp~m~esandc~umst~cesofin~}. Public sidewalk on south of Grove Avenue approximately 90 feet north of Dora Street, Ukiah, California, which is broken, dilapidated and/or deformed such that its walking surface is uneven, depressed and/or raised in a hazardous and unsafe manner, thereby constituting a trap and tripping hazard. At the above time and place plaintiff stepped into said hazardous conditions, tripped, fell and sustained the injuries herein alleged. Prem. L-2. ~-] Count One-Negligence The defendants who negligently owned, maintained, managed and operated the described premises were (nemean. CITY OF UKIAH Does 11 to 20 Prem. L-3. [--] Count Two-Willful Failure to Warn [Civil Code section 846] The defendant owners who willfully or maliciously failed to guard or wam against a' dangerous condition, use. structure, or activity were (names}. · . Prem. l_-4. ~ Does to Plaihtiff, a recreational user, was ~ an invited guest ~ a paying guest. Count Three-Dangerous Condition of Public Property The defendants who owned public property on which a dangerous condition existed were (names}. CITY OF UKIAH ~ Does 1 1 to 2 0 a. ~ The defendant public entity had [~] actual ~ constructive notice of the existence of the dangerous condition in sufficient time pdor to the injury to have corrected it. b. ~ The condition was created by employees of the defendant public entity. Prem. L' 5. a. ~'~ Allegatkxts abcxrt OtherDefendants The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names}. On information and belie each and every defendant is an agent of each remaining defendant. ~~easlll~ere a~ot~g within the purpose/scope of same. b. r---] The defendants who are liable to plaintiffs for other reasons and the reasons for their liability are [--] described in attachment Prem. L-S.b [--] as follows (names}. Judlc~ Counc~ of CUfomm ~fle~-th~ J~xl~ 1. lg~2 ~ 9~Z. 1(5) CAUSE OF ACTION-Premises Uability 6/8/94 NOTICE OF CLAIM AGAINST ~ CITY OF UKIAH, CALIFORNIA This claim must be presented, as prescribed by Parts 3 and 4 of Division 3.6, of Title 1, of the Government Code of the State of California, by the claimant or by a person acting on his/her behalf. RETURN TO= City Clerk's office City of ukiah 300 Seminary Avenue Ukiah, California 95482 1. CLAIMANT ' S NAME · CLAIMANT'S ADDRESS: Number/Street and Post Office Box City State Zip Code Home Phone Number Work Phone Number · NAME AND ADDRESS OF PERSON TO WHOM NOTICES REGARDING THIS CLAIM SHOULD BE SENT (if different than above): · · · · DATE OF THE ACCIDENT OR OCCURRENCE: PLACE OF THE ACCIDENT OR OCCURRENCE: GENERAL DESCRIPTION OF THE ACCIDENT OR OCCURRENCE (Attach additional pages if more space is needed): '-~.kf.$~C ~u%.%¢~l~,uc N~ES, IF KNOWN OF ANY PUBLIC E~PLOYEES CAUSING THE INJURY OR LOSS: ~/¢ · · NAMES AND ADDRESSES OF WITNESSES (optional): A· NAME ADDRESS TELEPHONE B · NAMES AND ADDRESSES OF DOCTORS/HOSPITALS WHERE TREATED: ~/~ A· NAME ADDRESS TELEPHONE B · 10. GENERAL DESCRIPTION OF THE LOSS, INJURY, OR DAMAGE 'SUFFERED: o ows: · Damages incurred to date: Expenses for medical/hospital care: $ Loss of earnings: $ Special damages for: General damages ~~ ~-~ Estimated prospective damages as far as known: Future expenses for medical and hospital care: Future loss of earnings: Other prospective special damages: Prospective general damages: The claim shall be signed by the claimant or by some person on his/her behalf. A claim relating to a cause of action for death or for injury to the person or to personal property or growing crops shall be presented not later than six (6) calendar months or 182 days after the accrual of the cause of action, whichever is longer. Claims relating to any other causes of action shall be presented not later than one (1) year after accrual of the cause of action. SIGNATUR~ OF//~LAIMANT (S) - // Regeived in City Clerk's Office this day of SIGNATUR}g , NOTE: This form of claim is for your convenience only, and any other type of form may be used if desired, so long as it satisfies the requirements of the Government Code. The use of this form is not intended in any way to advise you of your legal rights or to interpret any law. If you are in doubt regarding your legal rights or the interpretation of any law, we suggest that you seek legal counseling of your choice. 3: FORM\CI.A IM Rev: 3/10/95 ESTIMATE I ~ ' "" INVOICED BY HOME Jl-lB&w [] COL. I[]upt~ [] DELIVEr IF EQUIPMENT IS TO BE SERVICED AT LOCAT1ON OTHER THAN ABOVE--IJST BELOW ADDRESS PHONE CITY PHO~E NATURE Of X '~-. ~ ~) ~RvIcE RE-gUEsT '-- MODEL SERIAL C.O.D. ~] CHARGE WARRANTY C~.ADE SERIAL NUMBER PKZTURE TUBE 'TYPE ~ AMOUNT UNE QUAN. PART ~ PARTS DESCRIP11CXq PRICE ~NT ' '~" ' i) -~ ': 4 .Z ' /': i .... ,-.,,~. ,. - ,' ~- -'- $ / ,- .... jr"':'-"""' ..--) /_--, / 9 sERvicE DETAILS TOTAL '\ ' ' 'm ......... . ..... f' c'~/.~';,r .- PARTS & TUBES L~ -x ... ~; .~ ~- ~. ..... ? .... ._ TAX TECHNICAL i~ ~' (~ ~' /i CHARGE SERVICE ("../.,'..i ~,,.~.. , ' ,'/ .' ... ~' ' ' .- .~.. <, . ,-.. /''' CHARGE ESTIMATE SERVICE CALL- PARTS- SHOP LABOR INCLUDES: REMOVAL- RE-INSTALLATION TOTAL ~ / i 2 CHARGES IF $ ... ' INCLUDES RETURN AND RE-INSTALLATION NOT REPAIRED . IF ADOtTIONAL REPAIRS ARE NEEDED AFTER FIRST ESTIMATE IS MADE, YOU WlLL BE CONTACTED FOR AUTHORIZATION OF ADDiTiONAL CHARGES ACKNOWIFDGEMENT: I have read and underdand ~he above estimate and terms and authorize removal c~ I~ above descr~ ~,j~'~nf ~o~ purpos~ staled ~ also undefslond w~ oul~Orized reDo.rs u~ong wd~ necessary materials ore compJeled. an expr .... epo,rman's I .... h.reby acknoqn4edged an abo~l ....... t~e / / x ~t of re~ooer~ I~relo. CUS'TOMER'S SIGNATURE DATE The deposited properp/ [] i$ not insured [] is insured or protected to the amount of the actual cash value o~ainst Jos~ by theft, Jire or vandal,sm PICKED UP BY:] X GUARANTEE: quolih, and are guoranleed ~or a period of 90 ~ o~ler dote o~: re, air, AGENDA SUMARY ITEM NO. 6b DATE: AUGUST 2, 1995 REPORT SUBJECT: APPROVAL OF SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP OF MINOR SUBDIVISION NO. 95-12 Pursuant to Section 66462 of the Subdivision Map Act, and the City of Ukiah Resolution No. 4, the subdivider has elected to enter into a Subdivision Improvement Agreement which will require and guarantee the construction of the conditioned and required public improvements. Submitted for approval and authorization for the Mayor to execute, is the Agreement for Subdivision Improvements with contract security (Irrevocable Letter of Credit No. 300, issued by the Savings Bank of Mendocino County) and Certificates of Insurance. Pursuant to the Agreement, which has been executed by the subdivider, the Work of Agreement is to be completed on or before June 1, 1996. RECOMMENDED ACTION: Approve the Agreement for Subdivision Improvements with Contract Security and Certificates of Insurance, and authorize the Mayor to execute the Agreement. ALTERNATIVE COUNCIL POLICY OPTIONS: Approval of the Subdivision Agreement is ministerial. Acct. No. (if NOT budgeted):N/A Acct. No.: 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 larry Woods, Associate Civil Engineer Coordinated with: Charles L. Rough, Jr., City Manager Attachments: 1. Agreement for Subdivision Improvements. 2. 3. Irrevocable Letter of Credit No. 300, dated June 13, 1995. Insurance Certificates. APPROVED: R:IWW:kk AMI$9512 AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS AGREEMENT is made and entered into by and between the City of Ukiah, California, hereinafter referred to as "City", and Piero Anzilotti, hereinafter referred to as "Subdivider", both of whom understand as follows: RECITALS: Subdivider has presented to City for approval a final subdivision map (hereinafter called "Map") entitled "Parcel Map of Minor Subdivision No. 95-12". The Map has been filed with the City Clerk of City for presentation to the City Council of the City for its approval, which Map is hereby referred to and incorporated herein; Subdivider has requested approval of the Map prior to the construction and completion of improvements, including all streets, highways or public utility facilities which are a part of, or appurtenant to the subdivision (hereinafter called "subdivision") designated in the Map, all in accordance with and as required by the plans and specifications for all or any of said improvements in, appurtenant to, or outside the limits of the subdivision, which plans and specifications are now on file in the office of the City Engineer of the City:. This agreement is executed pursuant to the provisions of the Subdivision Map Act of the State of California and Chapter 1 of Division 9, Ukiah City Code. NOW THEREFORE, for and in consideration of the approval of the Map and of the dedications offered in the Map, and in order to insure satisfactory performance by Subdivider of Subdivider's obligations under said Subdivision Map Act and said code, the parties agree as follows: 1. PERFORMANCE OF WORK. Subdividers'will do and perform, or cause to be done and performed, at Subdivider's own expense in a good and workmanlike manner and furnish all required material, all under the direction and to the satisfaction of the City Engineer of City, all of the following work and improvements within (and/or without) the Subdivision, to wit: The work and improvements described herein and/or shown upon the improvement plans for said Subdivision, on file in the office of the City Engineer of the City of Ukiah, Drawing No. 95-17, which is incorporated herein by reference. The estimated total cost for said improvements of $5,847.00 as described in the document entitled "Estimated Curb, Gutter and Sidewalk Improvement Costs", a copy of which is attached hereto and incorporated herein by reference. The Subdivider shall also do all work and furnish all the materials necessary in the opinion of the City Engineer, and on his order to complete the improvements . . . in accordance with the plans and specifications on file as hereinbefore specified, or with any changes required or ordered by s aid Engineer, which in his opinion are necessary or required to complete the work. WORK: PLACES AND GRADES TO BE FIXED BY ENGINEER. All of said work is to be done at the places, of the materials, in the manner and at the grades, all as shown upon the plans and specifications therefor heretofore approved by City Engineer and which are now on file in his office and to the satisfaction of said City Engineer. ~.. WORK: TIME FOR PERFORMANCE. Subdivider agrees to complete such work on or before the first day of June, 1996. At least fifteen calendar days prior to the commencement of work hereunder, Subdivider shall notify City Engineer in writing of the date fixed by Subdivider for commencement thereof so that City Engineer shall be able to provide services of inspection. TIME OF ESSENCE - EXTENSION. Time is of the essence of this agreement; provided that in th6 event good cause is shown therefor, the City Manager may extend the time for completion of the improvements hereunder, ff Subdivider has secured its performance with a Letter of Credit, the City shall not extend the time for performance unless the expiration of the Letter of Credit is extended by the same amount of time. Any such extension may be granted without notice to the Subdivider's surety and extensions so granted shall not relieve the surety's liability on the bond to secure the faithfifl performance of this agreement. The City Manager shall be the sole and final judge as to whether or not good cause has been shown to entitle Subdivider to an extension. . REPAIRS AND REPLACEMENTS. Subdivider shall replace, or have replaced, or repair, or have repaired as the case may be, all pipes and monuments shown on the Map which may have been destroyed or damaged and Subdivider shall replace or have replaced, repair or have repaired, as the case may be, or pay to the owner, the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder whether such property be owned by the United States or any agency thereof, or the State of California, or any agency or political and subdivision thereof, or by the City or by any public or private corporation, or by any person whomsoever, or by any combination of such owners. Any such repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. ® e ge ® 10. PERMITS: COMPLIANCE WITH LAW. Subdivider shall, at Subdivider's expense, obtain all necessary permits.and licenses for the construction of such improvements, give all necessary notices and pay all fees and taxes required by law. SUPERINTENDENCE BY SUBDIVIDER. Subdivider shall give personal superintendence to the work on said improvement or have a competent foreman or superintendent satisfactory to the City Engineer on the work at all times during progress with authority to act for Subdivider. INSPECTION BY CITY. Subdivider shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work and to the shops wherein the work is in preparation. CONTRACT SECURITY. Concurrently with the execution hereof, Subdivider shall famish improvement security consisting of one or more of the following: (1) a cash deposit or deposits made with the City, (2) a bond or bonds by one or more duly authorized corporate sureties or (3) an instrument or instmrrents of credits from one or more financial institutions subject to regulation by the state or federal government pledging that the funds necessary to meet the performance are on deposit and guaranteed for payment and agreeing that the funds designated by the instrument shall become trust funds for the purposes set forth in the instrument. Said improvement security shall be in the amounts and for the following purposes: (a) an amount equal to or at least one hundred (100%) percent of the total estimated cost of the improvement conditioned upon the faithful performance of this agreement and (b) an additional amount equal to not less than fifty (50%) of the total estimated cost of the improvement securing payment to the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to them for the improvement. Any reductions authorizext to be made in the amount of the improvement security shall be effected by a refund from any cash deposits made or a partial release of any surety bond or instrument of credit. If Subdivider deposits a cash security with City, it shall have no obligation to account to Subdivider for interest on said deposit from the date of deposit until said security is expended or returned to Subdivider. City shall have no obligation to record the Map unless or until Subdivider has executed this Agreement and furnished contract security as required by this Agreement. RELEASE OF SECURITY. Reductions in the faithful performance improvement security may be made in such amounts as in the opinion of the City Engineer and the City Manager will equal not more than ninety (90%) percent of the estimated cost of improvements then satisfactorily completed. Said 11. 12. reductions shall be authorized upon the filing with the City Clerk of a written certification by the City Engineer and the City Manager that the work covered thereby has been satisfactorily completed and stating the amount of the reduction authorized. The balance of said improvement security shall be released after one (1) year following the acceptance of such improverrents by City provided that Subdivider has fully complied with all conditions of this agreement including Section 15 thereo~ provided, labor and material security may be released six (6) months after acceptance of work. HOLD-HARMLESS AGREEMENT. Subdivider hereby agrees to, and shall hold City, its elective and appointive boards, commissions, officers, agents and employees harmless from any liability for damage or claims for damage for personal injury, including death as well as from claims for property damage which may arise from Subdivider's or Subdivider's contractors, subcontractors, agents or employees operations under this agreement whether such operations be by Subdivider or by any Subdivide:'~ contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for, Subdivider or any Subdivider's contractors or subcontractors. Subdivider agrees to and shall defend City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused or alleged to have been caused by reason of any of the aforesaid operations; provided as follows: a. That City does not and shall not waive any rights against Subdivider which it may have by reason of the aforesaid hold-harmless agreement because of the acceptance by City or the deposit with City by Subdivider or any of the insurance policies described in paragraph 12 hereof. b. That the aforesaid hold-harmless agreement by Subdivider shall apply to all damages and claims for damages of every kind suffered or alleged to have been suffered by reason of any of the aforesaid operations referred to in this paragraph regardless of whether or not City has prepared, supplied or approved of plans and/or specifications for the st~bdivision or regardless of whether or not such .insurance policies shall have been determined to be applicable to any of such damages or claims for damages. SUBDIVIDER'S INSURANCE. Subdivider, or its Contractor, shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Subdivider, his agents, representatives, employees or subcontractors. A. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: . Insurance Services Office form number GL 0002 (Ed. 1/7..3) coveting Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001). 0 Insurance Services Office form number CA 0001 (Ed. 1/78) coveting Automobile Liability, code 1 "any auto" and endorsement CA 0025. . Worker's Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance, if Subdivider, or its Contractor, has employees who will directly or indirectly provide service or support Subdivider, or its Contractor, in his provision of services under the Agreement. Be MINIMUM LIMITS OF INSURANCE Subdivider, or its Contractor, shall maintain limits no less than: . General Liability: $1,000,000 combined single limit per Occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. . Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. . Worker's Compensation and Employer's Liability: Worker's Compensation limits as required by the Labor Code of the State of California and Employer's Liability limits of $1 ~000,000 per accident. C. DEDUCTIBLES AND SELF-INSURED RETENTIONS Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officers, officials, employees and volunteers; or the Subdivider shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain, the following provision: le General Liability and Automobile Liability Coverages The City, its officers, officials, employees and volunteers are to be covered as insureds as respects 1) liability arising out of activities performed by or on behalf of the Subdivider, 2) products and completed operations of the Subdivider, 3) premises owned, occupied or used by the Subdivider, or 4) automobiles owned, leased, hired or borrowed by the Subdivider. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. be Ce The Subdivider's, or its Contractor's, insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Subdivider's, or its Contractor's, insurance and shall not contribute with it. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. de The Subdivider's, or its Contractor's, insurance shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. 2. Worker's Compensation and Employer's Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees or volunteers for losses arising from work performed by the Subdivider, or its Contractor, for the City. 3. All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified trail, return receipt requested, has been given to the City. E. ACCEPTABILITY' OF INSURERS Insurance is to be placed with insurers with a Best's rating of no less than A:VII. F. VERIFICATION OF COVERAGE Subdivider shall finnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms provided by the City. Where by statute, the City's worker's compensation-related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 13. 14. 15. G. SUBCONTRACTORS Subdivider shall include contractual liability in its coverage of all contractors and subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each such contractor or subcontractor. All coverages for contractors or subcontractors shall be subject to all of the requirements stated herein. TITLE TO IMPROVEMENTS. Title to and ownership of all improvements constructed hereunder by Subdivider shall vest absolutely in City upon completion and acceptance of such improvements by City, free of all liens, claims or other encumbrances. REPAIR OR RECONSTRUCTION OF DEFECTIVE WORK. If, within a period of one year after final acceptance of the work performed under this agreement, any structure or part of any structure furnished and/or installed or constructed, or caused to be installed or constructed by Subdivider, or any of the work done under this agreement fails to fulfill any of the requirements of this agreement or the specifications referred to herein, Subdivider shall without delay and without any cost to the City repair or replace or reconstruct any ~defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or should the exigencies of the case require repairs or replacements to be made before Subdivider can be notified, City may at its option make the necessary repairs or replacement or perform the necessary work and Subdivider shall pay to City the actual cost of such repairs plus fifteen (15) percent. SUBDIVIDER NOT AGENT OF CITY. Neither Subdivider nor any of Subdivider's agents or contractors .are or shall be considered to be agents of City in connection with performance of Subdivider's obligations under this agreement. 16. 17. COST OF ENGINEERING AND INSPECTION. Subdivider shall pay City for all engineering, inspection, and other services furnished by City in connection with the subdivision. Where fees are established for such engineering, inspection or other services by ordinance or regulation of City, Subdivider shall pay on the basis of those established fees. Where no fees are established Subdivider shall pay the actual cost to City. City shall fumish statements of all charges for services performed by City and Subdivider shall complete payment of such charges within ten (10) days to take over the performance of the contract and does not comrmnce performance thereof within five days after notice to City of such election, City may take over the work and prosecute the same to completion by contract or by any other method City may deem advisable for the account and at the expense of Subdivider and Subdivider's surety shall be liable to City for any excess cost or damages occasioned City thereby; and in such event City, without liability for so doing, may take possession of and utilize in completing the work such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary therefor. NOTICES. All notices herein requked shall be in writing and delivered in person or sent by certified mail, postage prepaid. Notices required to be given to City shall be addressed as follows: City Manager, Civic Center 300 Seminary Avenue Ukiah, California, 95482 Notices required to be given to Subdivider shall be addressed as follows: Mr. Piero Anzilotti 395 South Bush Street Ukiah, CA 95482 Notices required to be given surety of Subdivider shall be addressed as follows: Martin J. Lombardi Vice President Savings Bank of Mendocino County P.O. Box 3600 Ukiah, CA 95482 Provided that any party or the surety may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. DATED AND EFFECTIVE this day of ,19 . CITY OF UKIAH BY MAYOR ATTEST: ESTIMATED CURB, GUTTER AND SIDEWALK IMPROVEMENT COSTS e: Estimated cost for curb, gutter and sidewalk improvement costs is based on a June 9, 1995 proposal by Jett Rea Construction to do the work for FIVE THOUSAND EIGHT HUNDRED FORTY-SEVEN ($5,847.00) DOLLARS. · :j.~.' .:::""- . _. . . . ; '', , .'~ . ''~ . - _~ ~ , . · : . , . ...... ' .... ' ' ., 2 "~ ~,~ , .:, ~ . '. ' ~,~ ~ . . , ' , ~' , . ,. ~ .. ~Ehfi~lCAf~. OF WORkE~S,.?:..'CO,,,PEN~TION iN~URANb~ , ;-.. :.":~ .' ' .' ' ;'-" :... :.=.?.'~;.: < =k=~ ~;~'.:::~ ~:. . ~$. ?~'. ::;:~: ~. :'."..;'::~':'.:'::. ~ ?:.,~ ~'.;.,, '" '~.%~i'"' ;.: '."?.~;.::"?:,. .'.""" ;': ':::'...'>"~.:. ::'.. :'.:~: '.,..4h ;~ . . , '~.~;'~';'~':~-:~. '.. ';'~¥.~':;~', :;. '..: ";:.."' ';'~-~; .-.. · · ,' '~ - ~ .... . , . .,,.. ~>.... ...~ . .f:.::~ ..~: . ./).:, .:.:-.. ~..:.. ..... ~.,:~.~ ..... :.. ,.~;f;., :..,; . . . · .... .., ;, .... , , , · - :'::['%.. :~;~" :" 4;>'~': :~' ':;' ::..', .'d~..:::F.'. 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' ":, ' . ~ '~: :..], ~,. ,.~.~ ~. ,. -,; , .-.. ,- .~ .. - ~ .., ~ .~.. .. ... .,, . · : ,. .'ff "-~ ; ~.,-. . : '.' - .1,~ ! -, , ., · · .. Savings Bank OF MENDOCINO COUNTY P. O. BOX 3600 * UKIAH, CALIFORNIA 95482 TELEPHONE (707) 462-6613 June 13, 1995 IRREVOCABLE LETTER OF CREDIT No. 300 City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Attention: Charles L. Rough, City Manager Gentlemen: By order of Piero Anzilotti, 395 South Bush .Street, Ukiah, CA 95482, we hereby open in your favor our irrevocable credit for a sum or sums not exceeding a total of Eight Thousand Seven Hundred Seventy and 50/100 ($8,770.50) US Dollars, available by your draft(s) at sight on ourselves effective June 13, 1995 and expiring at Ukiah,' CA on July 1, 1997. Drafts must be accompanied by: Your signed statement by an authorized official certifying: "The amount of draft represents funds due us as a result of the failure of Piero Anzilotti, to pay obligations according to terms, that demand for payment has been made, and that payment has not been received according to terms by us from Piero Anzilotti. Copy of invoice(s) or documents(s) to support charges. Each draft must bear upon its face the clause "Drawn Under Letter of Credit No. 300, dated June 13, 1995 of Savings Bank of Mendocino County, Ukiah, CA. Except so far as otherwise stated herein, this letter of credit is subject to the "Uniform Customs and Practice for Documentary Credits (1993 Revision), International Chamber of Commerce Publication 500". We hereby agree with you that drafts drawn under and in compliance with the terms of this letter of credit will be duly honored if presented to the above mentioned drawee bank on or before July 1, 1997. Page 2 City of Ukiah Letter of Credit No. 300 Kindly address all correspondence regarding this letter of credit to the attention of Martin J. Lombardi, Vice President, Savings Bank of Mendocino County, P.O. Box 3600, Ukiah, CA 95482, mentioning our letter of credit number as it appears above. Telephone inquiries can be made to the undersigned at (707) 462-6613. Martin J. Lombardi Vice President MJL:mlc JEFF REA CONSTRUCTION 140 Mendocino Place Ukiah, CA 95482 707/462-0378 Building- Concrete - Masonry CA State License No. 358515 June 9, 1995 Proposal submitted to: PIERO ANZILOTTI 395 South Bush Street Ukiah, CA 95482 Project Site: Architect: Plans: 414 West Clay Street Ukiah, CA Axt & Mitchell, A.I.A. Site and Public Improvement Plan June 9, 1995 This proposal includes all labor and material to remove and replace concrete according to the plans and specifications. Total bid: FIVE THOUSAND EIGHT HUNDRED FORTY-SEVEN ($5,847.00) DOLLARS. Commencement of work to coincide with construction of new residence. Copies of certificates of Contractor's Workers Compensation and General Liability Insurance polices will be provided to both you and the City of Ukiah°within five days of acceptance of this Proposal. JEFF REA CONSTRUCTION ACCEPTANCE OF PROPOSAL You are hereby authorized to do the above work at the quoted price. Dated: PIERO ANZlLOTTI . . ' COMMERCIAL CERTIFICATE OF INSURANCE Issue Date (MM/DD/YY) AGENCY. 17/25/95 ~Name · BART MILNE, LUTCF & · /41 z] SOUTH FRANKLIN STREET This certificate is issued as a matter of information only and confers no rights Address ' FORT BRAGG, CA 95437 upon the certificate holder. This cedificate does not amend, extend or alter the · coverage afforded by the policies shown below. COMPANIES PROVIDING COVERAGE: ST. 96 DIST. 28 AGENT 304 COM~,~ LETI'ER A TRUCK INSURANCE EXCHANGE INSURED COMPANY Name · JEFF AND JAN REA LETrER B FARMERS INSURANCE EXCHANGE & · DBA: JEFF REA CONSTRUCTION COMPANY Address ' 140 MENDOCINO PLACE LETTER C MID-CENTURY INSURANCE COMPANY · UK I AH, CA 95482 COMPANY LEVI'ER D COVERAGES 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 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR. DATE (MM/DD/YY) DATE (MM/DD/YY) POLICY LIMITS GENERAL C X GENERAL LIABIUTY 60069 66 89 1/1/95 CONTINUOU~ AGGREGATE $1,000,000 X COMMERCIAL GENERAL LIABILITY UNT I L PRODUCTS-COMP/OPS X - OCCURRENCE VERSION CANCELLED AGGREGATE $1,000,000 X CONTRACTUAL-INCIDENTAL ONLY PERSONAL & ' X OWNERS & CONTRACTORS PROT. ADVERTISING INJURY" :' $1 , 000 , 000 .' ~" EACH OCCURRENCE $ 5 O, 000 FIRE DAMAGE (Any one Fire) $ MEDICAL EXPENSE (Any one person) $ C X AUTOMOBILE LIABILITY 60069 66 89 1/1/95 CONTINUOU~ COMBINED SINGLE LIMIT $1,00 O, 000 UNTIL ALL OWNED COMMERCIAL AUTOS · X SCHEDULED AUTOS CANCELLED BODILY INJURY (PER PERSON) HIRED AUTOS BODILY INJURY X NONOWNED AUTOS (PER ACCIDENT) $ GARAGE LIABILITY PROPERTY DAMAGE $ GARAGE AGGREGATE , UMBRELLA LIABlUTY LIMIT WORKERS' COMPENSATION STATUTORY AND' EACH ACCIDENT $ DISEASE-EACH EMPLOYEE $ EMPLOYERS' LIABILITY DiSEASE_POLiCY LIMIT DESCRIPTION OF OPERATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS: Additionally Insured Are: City of Ukiah, its off..icers, officials, employees and volunteers CERTIFICATE HOLDER CANCELLATION Name · C i t y o f Uk i a h SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ~I~,[VIAIL 30 DAYS WRI]-I'EN NOTICE TO THE CERTIFICATE HOLDER & · 300 Seminary Avenue NAMED TO THE LEFT. . Address -Ukiah, CA 95~82 ' Attn: Larry Woods AUTHORIZED REPRE~'~TA TIVE I 56-2492 4-94 1251 AGENDA SUMMARY ITEM NO. DATE: AUGUST 2, 1995 REPORT SUBJECT: ADOPT RF_SOLUTION APPROVING THE FINAL MAP FOR THE CLEVELAND SUBDIVISION, MS 94-07 The Final Map of the Cleveland Subdivision, MS 94-07, and the Subdivision Improvement Agreement were approved by City Council on July 5, 1995. Included in the Agenda Summary Report as an attachment was the approving Resolution. The City Clerk has noted that the recommended action did not include the adoption of the approving Resolution, and has declined to submit the Resolution for the Mayor's signature. Staff is requesting that City Council formally adopt said approving Resolution. RECOMMENDED ACTION: Pursuant to the City Council's action taken on July 5, 1995, adopt and pass the Resolution approving the Final Map for the Cleveland Subdivision, MS 94-07. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Acct. No. (if NOT budgeted):N/A Acct. No.: Appropriation Requested: N/A (If Budgeted) Citizen Advised: N/A 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: 1. . Resolution approving the Final Map for the Cleveland Subdivision, MS 94-07. Exhibit A, B, C and D which are permanent attachments to the approving Resolution. APPROVED: R:l~PW:idr ACLEVELAND From the desk of LARRY WOODS 1 9_ 3 4 5 6 7 8 9 10 11 19. 13 14 15 16 17 18 19 20 21 9.2 23 24 25 26 9.7 28 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING THE FINAL MAP FOR THE CLEVELAND SUBDIVISION, MS 9407 WHEREAS, on June 28, 1995, the Planning Commission considered and recommended approval of the Final Map for the Cleveland Subdivision (MS No. 94-07), with conditions consistent with the adopted Planned Development Ordinance (Ord. No. 954), Tentative Subdivision Map (MS No. 94-07), and Negative Declaration (Resolution No. 95-13); and WHEREAS, the Cleveland Tentative Subdivision Map, a 15-lot division of land located at the eastern terminus of Cleveland Lane in the City of Ukiah, and being a portion of Lot 36, Yokayo Rancho (Assessor Parcel Numbers 002-311-01, 04, and 15), was processed and approved by the City Council on September 7, 1994, in accordance with the State Subdivision Map Act and the City of Ukiah Subdivision Regulations; and WHEREAS, the City Engineer has certified in Exhibit D that the Final Map substantially conforms to the conditionally approved Tentative Map No. MS 94-07; and WHEREAS,' The Director of Public Utilities reports that the City of Ukiah has sufficient wastewater treatment capacity to handle wastewater from this project without violation of the Water Quality Control Board standards. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Ukiah hereby approves the Cleveland Subdivision Final Map (Exhibit "A"), subject to the Conditions of Approval as identified in Planned Development Ordinance No. 954 (Exhibit "B"), and City Council Resolution No. 95-13 (Exhibit "C"), approving the Cleveland Tentative Subdivision Map (No. 94-07) and Negative Declaration (No. 94-07). Exhibits A, B, C and D are permanent attachments to this Council Resolution. III III 1 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 25 26 27 28 PASSED AND ADOPTED on August 2, 1995, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Fred Schneiter Mayor ATTEST: Cathy McKay City Clerk B:l'~k CLEVELAND.FM ml.l o Z _1 w ~> bJ _J pLACI~ . ,o~.,,.,.,.~._ · jlO4.tt'll' .,.., 00 I1~ Mil' O0~l -- . 1 § $ 7 9 10 11 15 15 1(; 17 18 19 ~0 ~3 ~7 _ Exhibit B ORDINANCE NO. 954 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING THE CLEVELAND LANE PLANNED DEVELOPMENT ,.' The City Council of the City of Ukiah hereby ordains as follows: ,, .~ection One Pursuant to City of Ukiah Code Sections 9165-9167 the Cleveland Lane Planned Development is hereby established. The Planned Development encompasses approximately 2.2 acres south of Cleveland Lane, east of Main Street, more padicularly defined as Assessor Parcel Numbers 002-311.01,04, and. 15. The General Plan land use designation for this propedy is Medium High Density Residential. The allowed use within this Planned Development, which is consistent with the General Plan, is Single Family Residential, one unit per parcel and a maximum of 15 dwelling units. Section Two ; The Negative Declaration of Environmental Impact for this Planned Development was approved by City Council action on September 7, 1994. Section Three .. ~,* J. The Development Map for this Planned Development, as prescribed in Ukiah City code Section 9167(b), and attached as Exhibit A, is approved. Section Four Development standards not addresse~d in the Planned Development regulations delineated in Section Five shall be those specified in the City of Ukiah Zoning Code. _Section Five i 2 '4 5 O 7 9 10 ]2 13 ]5 10 17 2O 21 22 23 25 2O 27 28 Exhibit B The regulations for this Planned Development, as prescribed in Ukiah City Code Sections 9166 and 9167(b), are as follows: · A. USES 1. Single family residential. One dwelling unit per parcel. B. DEVELOPMENT STANDARDS 1. Building Heights: DWellings, maximum height of 20 feet; Accessory buildings, maximum height of 20 feet. 2. Building Site Area: Parcel sizes' and configurations shall be as shown on the Development Map. 3. Building Setbacks: Front, 10 feet, except for garages and carports perpendicular to the street which shall be 20 feet; Side, five feet; 4. On-site Parking: , Section Six Rear, 15 feet. Two spaces (9'x20') per dwelling unit. This ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. Section Seven ' ,. This ordinance shall become effective 30 days after its adoption. 1 4 6 7 8 9 10 11 12 14 15 16 17 18 19 20 21 ~2 ~5 ~7 28 Exl~ibit B INTRODUCED BY TITLE ONLY on the 7th day of September, 1994 by the following roll call vote: AYES: Councilmembers Mastin, Wattenburger, and Mayor Schneiter NOES: None · ABSENT: 'Councilmembers Malone and Shoemaker ABSTAIN: None PASSED AND ADOPTED this i 21st day of September, 1994 by the following roll call vote: · AYES'! Councilmembers Mastin, Malone, Wattenburger and Vic, o-Mayor Shoemaker NoEs: None. ABSENT: Mayor Schneiter. ABSTAIN: None. ATTEST: Richard Shoemaker, Vice-Mayor 3 3 4 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Exhibit O RESOLUTION NO. 95-13 RESOLUTION oF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING THE NEGATIVE DECLARATION AND TENTATIVE SUBDIVISION MAP NO. 94-07 · ...WHEREAS, On July 27, 1994, the Planning Commission approved the Cleveland Lane Planned Development, Tentative Subdivision Map, and Negative Declaration; and · WHEREAS, the Director or Public Works reports that the City of Ukiah has suflicient capacity to handle wastewater for this project without violation of Water Quality Control Board Standards; and WHEREAS, on Sept. 71:h, 1994, the City council introduced an ordinance to approve the Cleveland Lane Planned' Development; and ' WHEREAS, on .'$epb. ?~h;'1994, the City Council considered the Negative Declaration of Environmental Impact and Tentative Subdivision Map for the development of .].5 single family residential living unit~ in the Cleveland Lane Planned Development No. 94-07; · NOW, THEREFORE, BE IT RESOLVED that the Negative Declaration of Environmental Impact for Tentative Subdivision Map No. 94-07, Cleveland Lane Subdivision (attached as Exhibit "A") .is approved, based on the following factors which support a Negative Declaration of Environmental Impact: 1. Project ii compatible with surrounding land uses. 2. Project Will not have a significant adverse effect o~ air and water quality. 3. Project is consistent wilh tile City of Ukiah Zoning Ordinance and the General · Plan. ' 4. Project will not have significant adverse impacts on wildlife, fish life, or plant life. · . 5. Project will not degrade aesthetic quality of the area. 6. Project will not pose significant threat to human health and safety. 7. Project will not destroy or d'~tract from important recreational areas. 8. Project will not have significant adverse impacts on local governmental services, utilities, transportation, or solid waste management, 9. Project will not displace pe. rsons. · NOW, THEREFORE, BE IT FURTHER RESOLVED that Tentative Subdivision Map No. 94-07 (attached as Exl~bit "B") for Cleveland Lane Subdi~/ision is approved, pending Ordinance No.9...5,'I. being effective, and conditional upon compliance with all applicable Stale statutes, local ordi~lancos, coiIdi{ions of approval of Cleveland Lane Planned Development No. 94-07, and [he following specilic c'onditions: Exhibit C 3 4 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2O 27 , le e e . de Standard Condilions 1-24. Fire hydrants be provided by.developer to th,e approval of the Public Utilities Department. Slreet lights to be provided by developer to the approval of the Public Utilities Department. Dust control measures to be instituted and utilized dudng construction. All development standards legally applicable within Ihe City of Ukiah shall be complied with unless specifically noted otherwise within this resolution, in the Planned Development ordinanc,e, or on the development plan. Developer shall pay an in-lieu park fee equal to 0.288 acres o! this property at the fair market value determined by appraisal or assessor valuation. Developer shall purchase, install, and maintain for one year City specified street Ir, es to be planted at locations determined by the City throughout the subdivision according to street tree program approved by the City Engineer. All trees shown on lhe project Tree Plan shall be preserved by utilizing the following: a. Construction activities olher than those necessary to construct required roadway improvements along Cleveland Lane'shall be prohibited within the ddp lines o! the trees. o. b. No vehicles, construclion equipment, office structures, supplies, materials or facilities shall be driven, parked, stockpiled or located within the drip · lines of the trees. c. No grading other than the those necessary to construct required roadway Improvements along Cleveland Lane shall be allowed within the drip lines of Ihe oak trees designated for preservation On the project Tree Plan. No trenching shall b~ allowed within the drip lines of oak trees unless it is determined by the staff of the Public Ulilities Department to be absolutely necessary to install underground utilities. e. Landscaping beneath oak trees shall be limited to non-plant materials (e.g. wood chips) unless plants used are tolerant of the natural, semi-arid nature of the oak species. . ,, f. Sprinlder systems for lots containing oak trees Shall be installed in such a manner Ihat it prevents irrigalion within the drip lines o1' the trees. tees sl~all be paid Io Ih, Uldah Unilied School Distdct pursuant to adopted School Impact procedures. Exhibit C · 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 o,' 28 10, 11.' vote: To the maximum extent feasible, laking into consideration economic, social, and physical constraints applicable to the project, houses shall be orie, nted to take maximum advantage ot' passive heating and cooling oppodunities; provided that such orientation shall not affect the densities allowed on any parcel. ;All units constructed in the subdivision shall have installed Iow-flow showerheads and faucets and ultra-low flush toilets. · PASSED AND ADOPTED this...7t;hday_ of Sepl;~ _, 1994 by the following roll call · · AYES:COUncilmembers Mastin, Wattenburger and Mayor schneiter NOES: None ABSTAIN: None . ... · ABSENT: ~ouh¢ilmembers Malone and Shoemaker FRED SCHNE1TER, MAYOR MU:PLANNING\9407NEG M.E.M.O.R.A.N.D.U.M Exhibit D DATE: June 22, 1995 TO: FROM: Planning Commission Rick H. Kennedy, Director of Public Works/City Engineer FINAL MAP OF CLEVELAND SUBDIVISION- TENTATIVE MAP MS 94-07 Pursuant to Section 66442 of the Subdivision Map Act, I have examined the Final Map of the Cleveland Subdix;ision and I hereby certify that the.subdivision as shown on the attached copy of the map is substantially the same as it appeared on the conditionally approved Tentative Map No. MS 94-07 and that all provisions of Chapter 2, Division 2, Title 7 of the State of California Government Cbde and the provisions of Division 9 of the City of Ukiah Municipal Code applicable at the time of approval of the Tentative Map have been complied with. I am also satisfied that the map is technically correct. Pursuant to Section 66462 of the Subdivision Map Act and Policy Resolution No. 4 adopted by the Ukiah City Council on August 19, 1981, the subdivider has elected to enter into a Subdivision Improvement Agreement with the City, secured by an appropriate and authorized security, which will .require and guarantee the construction of the conditioned and required public improvements within one year from date of the approval of the Final Map. I certify that the Subdivision Improvement Agreement and form of security executed by the Subdivider is on file in the Office of the City Engineer. Said Agreement and security will be presented to the City Council for approval and execution at the same time the Final Map is presented for their approval. I am authorized pursuant to the Professional Engineer Act (Chapter 7 of Division 3 of the Business and Professional Code) to make the above certification. RIO~:lr, k R:IWW MPLANNINO.COM ITEM NO. 8a DATE: August 2, 1995 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION OF RESOLUTION ADJUSTING FEES AT THE UKIAH MUNICIPAL GOLF COURSE The Golf Course Committee considered the staff recommended fee adjustment for the Municipal Golf Course at the last Golf Course Committee meeting. At that time, they requested that instead of individual increases for various fees that it be a 10% overall increase across the board. When computing the fee increase revenue amount, the difference was very slight and staff, therefore, concurs with the Golf Course Committee's request. The City has committed to small incremental increases every two years, rather than large one-time increases at irregular intervals. The basic green fee rate under this plan will increase by approximately $1.00 to $1.50. The proposed fee increases were posted at the Golf Course Pro Shop for citizens to review and an announcement was also posted giving the time and date for the public hearing by the Golf Course Committee on these rates. The City offers a wide variety of rates, not found at most golf courses, including monthly passes, punch cards, senior, junior, twilight, yearly, and private cart rates. Because of increased operational costs, along with debt service requirements, slight increases in the fees are required from time to time. (Continued on next page) RECOMMENDED ACTION: Adopt the resolution revising fee schedule. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Refer to Staff for further information. 2. Do not adopt resolution. Acct. No. (if NOT budgeted): N/A Acct. No.: Appropriation Requested: N/A (if budgeted) Citizen Advised: Yes Requested by: Golf Course Committee/Staff Prepared by: Candace Horsley, Assistant City Manager/Direct~ of Community Services Coordinated with: Charles L. Rough, Jr., City Manager Attachments: _~esoluti~n.,t APPROVED: /~~'~~/ 3:B:CS~SR.~LF ~ ~{ SUMMARY (CONTINUED) The Gol~ Course Budget in the 1995/96 Fiscal Year will have a fund balance deficit of $25,274 with our current revenue funding. The purchase of the back eight, along with the completion of the Clubhouse remodeling, added about $118,000 to the budget expenditures which will take several years and increases to be able to cover through the revenue stream. The current proposal as approved by the Golf Course Committee would raise the green fees by approximately $1.00 to $1.50, with the junior rates remaining at the current level. Punch cards will be raised by $20.00 and private cart fees by $10.00 for a couple and $30.00 for a family. The family private cart usage fee rate is a new rate for golfers owning a cart who would like to have their other family members be able to use the cart on the course. Discussion of discontinuing the monthly fees was considered as it is used very little on the course. During the public hearing session at the Golf Course Committee level, one golfer came forward and said that he would be unable to play during the summer months without the monthly rate as he could not afford the green fees for how many times he played per month. Upon discussion, the monthly fees were raised by 10% overall and continued in the fee schedule. The yearly adult and senior rates were raised by 10% from $500 to $560 and from $325 to $360. The junior yearly rate has remained the same as the previous year. Expected revenue with the delay in implementation at the Golf Course to the first part of August is expected to be approximately $20,000. This takes into consideration that with the rate increase, people will cut down on the amount of golf that they are current playing or will switch to annual memberships as it is a great savings over the green fee amounts. Green fees are the bulk of the revenue source for the Golf Course. The Golf Course Committee and golfers, along with staff, feel that we offer a fair and equivalent schedule of fees which continues to be the lowest of the courses frequented by our community. It is, therefore, requested that the Council approve the Staff and Golf Course Committee recommended fees as attached and adopt the resolution as submitted. 3:B:CS~ASR.GOLF 'r' Z I.-Z :::::::::::::::::::::::::::::: m m :::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::: ::::::::::::::::::::::: : ::::::::: 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 ADJUSTING FEES FOR THE UKIAH MUNICIPAL GOLF COURS~ WHEREAS, the City of Ukiah Golf Course Committee agrees that the City of Ukiah should continue to operate and maintain the Municipal Golf CoUrse for the use of the Ukiah community and regional area; and WHEREAS, the Golf Course Committee has studied other Golf Courses and found city of Ukiah fees to be extremely iow in comparison; and WHEREAS, the Committee has reviewed fees and discussed them with the golfing public; NOW, THEREFORE, IT IS HEREBY RESOLVED that the following rates are hereby established for the Ukiah Municipal Golf Course: GOLF COURSE CATEGORY FEES-WEEKDAY FEES-WEEKEND A. 9 Holes' $10.00 $12.00 Senior $ 9.00 $11.00 B. 18 Holes $14.50 $16.50 Senior $ 9.00 $11.00 Junior* $ 6.00 $ 8.00 C. Twilight (3:00 p.m.) Super Twilight (5:30 p.m.) Junior Twilight (2:00 p.m.) $ 8.00 $ 9.00 $ 6.00 $ 7.00 $ 4.00 $ 6.00 D. Yearly Adult Adult Couples Senior Senior Couples Junior FEES $560 $850 $360 $640 $175 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 2O 21 23 24 25 26 27 28 GOLF COURSE CATEGORY FEES-WEEKDAY Ee Monthly Adult Senior Junior *Junior = 18 years and under F. Punch Cards Ge He I · Yearly Cart-Path Double Family Monthly Cart Storage Fees Gas Electric Out of County Fee Lake County Fee FEES-WEEKEND FEES $ 78 $ 62 $ 40 $120 $120 $140 $ 16 $ 19 $ 5 PASSED AND ADOPTED this by the following roll call vote: AYES: · NOES: ABSENT: day of , 1995, ATTEST: Fred Schneiter, Mayor Cathy McKay, City Clerk .. · 3:PA~\~LF.R~ - 2 - ITEM NO. 9a MEETING DATE: 8-2-95 AGENDA SUMMARY REPORT SUBJECT: Approval of Agreement and Grant of Easement for avigation easement over Garden Court Motel (Ducharmes, owners) SUMMARY: The City has a grant from the Federal Aviation Administration ("FAA") to acquire "avigation easements" around the municipal airport. There are two properties remaining over which the City needs an avigation or air space easement. The Garden Court Motel sits on property which underlies the northern landing approach to the airport. The easement was appraised at $45,000 approximately five years ago. The City has reached agreement with the property owners to purchase the easement for $55,000. This amount is eligible for 90% reimbursement under the FAA grant. The Ducharmes have signed and had notarized the attached Agreement and Grant of Easement. The City is authorized to accept and record the agreement upon payment of the $55,000. (See attached letter from Frank Bacik.) Under the Agreement, the City, at its expense, will trim or remove trees on the property that currently encroach into the clear zone approach surface. After the initial removal, the property owner will have the obligation to abate any future encroachments. (Continued to page 2.) RECOMMENDED ACTION: Manager to sign. Approve agreement and authorize the City ALTERNATIVE COUNCIL POLICY OPTIONS: Reject the agreement or instruct the City Attorney and City Manager as to changes in the agreement they should negotiate further with the Ducharmes. Acct. No. (if NOT budgeted): Acct. No.: Appropriation Requested: N/A (if budgeted) Citizens Advised: N/A Requested by: Charles L. Rough, City Manager and City Attorney Prepared by: David J. Rapport, City Attorney Coordinated with: City Manager, Director of Public Works Attachments: Agreement, cover letter from Fra~~ci~//~///~ / '~ ~~ Approved: (-~uu~ -/C~,Va~. · s:\u\docs95\ems.agr July 26, 1995 (Continued from page 1.) I recommend approval of the agreement. If the City fails to abate the current conditions on the property, the FAA will determine that the airport does not comply with clearzone requirements. This could affect the City's eligibility for future FAA grants. s:hu\docs95\ems.agr July 26, 1995 NE'VVELL RAWLES (1909.1976) DONALD G. HINKLE (Retired) JARED (3. CARTER JOHN A. BEHNKE MYRNA L. OGLESBY MICHAEL D. MACOMBER FRANK SHAW BAClK CINDEE F. MAYFIELD BRIAN C. CARTER JEFFREY L. ANDERSON LAW OFFICES OF REC-IVEO JUL :~ G 1995 RAWLES, HINKLE, CARTER, BEHNKE & OGLESBY A PROFESSIONAL CORPORATION 169 MASON ST., SUITE 300 POST OFFICE BOX 720 UKIAH, CALIFORNIA 95482 July 26, 1995 HAND DELIVER David Rapport Rapport and Marston 200 Henry Street Ukiah, CA 95482 RE: Agreement and Grant of Easement (Ducharme/Ukiah) Your File No. U-3.32 TELEPHONE: (707) 462-6694 TELEFAX: (707) 462-7839 Dear Dave: Enclosed please find an executed original of the above- referenced agreement. My clients have signed and I have had their signatures notarized. Pursuant to your letter of July 24, 1995, I present the document executed by my clients on the understanding that it should be presented to the City for signature and recorded only after the $55,000 payment is presented, to my office payable to the Ducharmes. I will have the agreement delivered to your office within the deadline indicated in your last letter so that you can get it on the City's agenda for August 2, 1995. I will attempt to call you by phone to alert to the fact that it is being hand-delivered today. Ver~~~truly~s~~ SHAW BACIK FSB:djs Enclosure cc: Mr. and Mrs. Ducharme RECORDING REQUESTED BY: City of Ukiah AND WHEN RECORDED MAIL TO: City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 AGREEMENT AND GRANT OF EASR~_~_NT This Agreement and Grant of Clear Zone (Avigation) Easement, made by and between ROBERT C. DUCHARME and MARIE L. DUCHARME, his wife, as Joint Tenants, as "GRANTORS,,. and THE CITY OF UKIAH, A Municipal Corporation, as "GRANTEE,'. W I T N E S S E _T H: That the Grantors do hereby grant, release, and convey to Grantee its successors and assigns forever, a perpetual easement over that portion of the following described parcel of land in which the Grantor holds a fee simple estate, designated as Parcel 1, lying within the Northerly approach area, as hereinafter described, of the North-South runway of the Ukiah Municipal Airport and situated in the County of Mendocino, State of California: Parcel 1 BEGINNING at the Intersection of the Easterly line of the California State Highway with the Northerly line of the land conveyed by William G. Lewis to Theodore Eriksen, et ux, by Deed dated November 8, 1937, and recorded in Liber 120 of Official Records, Page 315, Mendocino County Records; thence South 89© 30' East, 257 feet to the NE corner of said Eriksen land; thence North 7© 30' West to the Southerly line of the said Lewis Subdivision; thence South 82© 30' West, along the South line of said Lewis Subdivision to the Easterly line of the California State Highway; thence Southerly along said Easterly line 140 feet to the point of beginning. Being a portion of Lots 1 and 2 of Hasting's Suburban Addition to Ukiah City. s:ku\agrmts95kducharl.cln July 24, 1995 That portion of Parcel 1 lying within the said Northerly clear zone approach area, is delineated by the hatch lines on the Exhibit "A" attached hereto and made a part hereof. The Grantor agrees that they, their heirs, successors and assigns shall not hereafter erect, or permit the erection or growth of, any structure, tree, or other object within that portion of Parcel 1 lying within the said Northerly clear zone approach area to a height above the clear zone approach surface for that approach area, as shown on Exhibit "A" and Exhibit "B" attached hereto and incorporated herein, said clear zone approach surface being, hereinafter described. Grantor, their heirs, successors and assigns shall assume the expense of complying with this paragraph, except for the initial removal of trees, shrubs or perennial growth as described in paragraph 9 below. The Grantor further agrees that the easement and rights hereby granted to the Grantee in and over that portion of Parcel 1 which lies within the said Northerly clear zone approach area are for the purpose of ensuring that the said Northerly clear zone approach area shall remain free and clear of any structure, tree or other object which is or would constitute an obstruction or hazard to the flight of aircraft in landing and taking off at the said Ukiah Municipal Airport; that these rights shall include, but not be limited to the following: The continuing and perpetual right to cut to ground level and remove trees, bushes, shrubs or any other perennial growth or undergrowth extending into, or which in the future could infringe upon or extend into or above, the Northerly clear zone approach surface hereinafter described, after having given the Grantor thirty (30) days' notice to trim, prune or remove such trees, bushes, shrubs or other perennial growth or undergrowth which may extend into or above, the Northerly clear zone said approach surface. If Grantor fails to comply with such notice, Grantor will assume the expense of said work. . The right to restrict or prohibit specific agricultural uses such as establishment of orchards that may eventually penetrate the clear zone approach surface. . The right to remove, raze or destroy those portions of buildings, other structures and land infringing upon or extending into said Northerly approach surface, together with the right to prohibit the future erection of buildings or other structures which would infringe upon or extend into said surface, and the right to control maintenance of any structure which would cause temporary interference with said surface. s:',u\agrmts95kducharl.cln 1995 . , . o , The buildings and improvements currently constructed on the property, as of July 19, 1995, do not conflict with clear zone height restrictions or other limitations contained herein. All future structures or construction shall be subject to the height restrictions of this easement and any other requirements adopted by the City of Ukiah in effect when future permits are sought or future construction commences. The right to mark and light as obstructions to air navigation, any and all structures, trees or other objects that may at any time project or extend above said surface. The right to'restrict or prohibit radio or electromagnetic interference in accordance with present or future regulations adopted by the Federal Communications Commission. The right to restrict or prohibit lights, lighted signs and other lighted objects. The lighted sign currently existing on the property, as of July 18, 1995, is located outside of the avigation easement, the subject of this Agreement,. In any event, that sign, containing the words: "Garden Court Motor Inn, Phones, TV, Movie Channel (no) vacancy" is expressly agreed and understood not be detrimental to flight operations at the airport as of the date described above, and this sign meets Ukiah City Sign Code requirements in effect at this time. Any modification, replacement, or reconstruction of the existing sign shall be subject to all applicable City of Ukiah requirements in effect when any such modification, replacement or reconstruction is proposed or attempted. The right of ingress to and egress from, and passage over the land of the Grantor within the Northerly clear zone approach area, hereinafter described, for the above'purposes. For the use and benefit of the public, the right of flight for the passage of aircraft in the airspace above the Northerly clear zone approach surface, hereinafter described, together with the right to cause in said airspace such noise, vibrations, fumes, dust and fuel particles as may be inherent in the operation of aircraft, now known or hereafter used for navigation of or flight in air, using said airspace for landing at, taking off from or operating on Ukiah Municipal Airport. s:'~u'\agrmts95\ducharl.cln Juiv 24, 1995 o Grantee, using competent personnel, shall initially remove, trim, or prune the following existing trees, shrubs, bushes, and any other growth to a point below the Northerly clear zone approach surface. Remove four (4) Monterey Pines identified as tree (5) @ 713 MSL on the Ukiah Municipal Airport Air Port Obstruction Chart (9/93), including the stumps. Trim or prune five (5) Sycamores along the Easterly property line, to a height of 18 feet. Remove two dead pine trees and one living pine west of tree (5) , including the stumps. Trim or prune one (i) Walnut tree near ~= North Easterly corner of the property, to a height of 18 feet. The Northerly clear zone approach area and the Northerly clear zone approach surface are delineated on Exhibit "A" attached hereto and are described as follows: Northerly Clear Zone Approach Area The Northerly clear zone approach area is an area trapezoidal in form located at the Northerly end of said North-South runway which area extends outwardly 1700 feet from a line that is at right angles to the extended centerline of said runway and 200 feet from the Northerly end thereof and which area is 500 feet wide at its inner end and 1010 feet wide at its outer end and whose axis coincides with the extended centerline of said runway. Said Northerly clear zone approach area is more particularly described as follows: Commencing at the centerline of the runway at the Northerly end of the Ukiah Municipal Airport, said centerline having a bearing of North. 11© 38' 18" West; thence North 11© 38' 18" west, 200.00 feet to the point of beginning; thence South 78© 21' 42" West, 250.00 feet; thence North 20© 10' 09" West, 1719.02 feet; thence North 78© 21' 42" East, 1010.00 feet; thence South 3© 06' 27" East, 1719.02 feet; thence South 78© 21' 42" West, 250.00 feet to the point of beginning. Northerly Clear Zone Approach Surface The Northerly clear zone approach surface is a trapezoidal plane with a slope of 34 to 1 (one foot of elevation for each thirty- four feet of horizontal distance) located directly above the Northerly clear zone approach area, hereinabove described, which inclined plane has an elevation of 615 feet mean sea level at its s:\u\agrmts95\ducharl.c!n July 24, 1995 inner and lower edge along line AB, as shown on Exhibit "A," and an elevation of 665 feet mean sea level at its outer and upper edge along line CD, as shown on said Exhibit "A." (Note: Approach surface is not the ground surface.) TO HAVE AND TO HOLD said easement and all rights appertaining thereto unto the Grantee, its successors and assigns, until said Ukiah Municipal Airport shall be abandoned and shall cease to be used for public airport purposes. IT IS UNDERSTOOD AND AGREED that these covenants and agreements shall run with the land and shall be binding upon the heirs, administrators, executors, successors and assigns of the Grantor, and that for the purpose of this instrument, that portion of Parcel 1 which lies within the Norther~y~gle~r zon approach area shall be the se~vient tenement and sai~ o~ian Muniuipal Airport shall be the dominant tenement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement and Grant of Easement. "GRANTOR" "GRANTEE" CITY OF UKIA~ BERT C. DUCHARME ~' MARI~E L. DUCHARME Charles L. Rough, City Manager s:kukagrmts95\ducharl.cln July 24, 1995 5 ACKNOWLEDGMENT State of California ) ) ss. On ~L([y ..~ [~ , before me, J~V (~~ / Public, personally appeared ROBERT C. DUCHARME and MARIE L. DUCHARME Notary 5~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 t.he 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. TIONAL SECTION CAPACITY CLAIMED BY SIGNER: Though Statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. Iq 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\agrmts95\ducharl.cln July 24, 1995 ITEM NO. 9b DATE: August 2, 1995 AGENDA SUMMARY REPORT SUBJECT: SELECTION OF COUNCILMEMBERS TO SERVE ON SUB-COMMITTEE TO EVALUATE 1995-96 GRANT FUNDING FOR COMMUNITY-BASED, NON-PROFIT ORGANIZATIONS, AND SET TIME FOR SUBCOMMI'I-rEE MEETING During Budget Hearings for Fiscal Year 1995-96, the City Council appropriated $30,000 for the Non-Profit, Community Based Organization Grant Assistance Program. Grant applications have been mailed out, with a deadline for their return of August 11, 1995. A subcommittee comprised of two Councilmembers, the City Manager, Assistant City Manager/Director of Community Services, Assistant to the City Manager, and the Finance Director, is proposed to meet the morning of August 16, to review the applications received. At this time, it is requested that Council, a) select two Councilmembers to serve on the subcommittee, and b) establish a time for the meeting. The recommendation of the subcommittee will be finalized and distributed to the entire City Council for your review prior to the August 16 meeting. RECOMMENDED ACTION: City Council select two Councilmembers to serve on subcommittee to evaluate 1995-96 grant funding applications from community-based, non-profit organizations, and set time for subcommittee meeting. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine subcommittee comprised of Councilmembers to serve on subcommittee staff only is sufficient and do not select Acct. No. (if NOT budgeted): N/A Acct. No.: N/A Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: Prepared by: Charles L. Rough, Jr., City Manager Attachments: 1. None APPROVED: 4/CM:ASRFunds.95a ITEM NO. DATE: August 2, 1995 AGENDA SUMMARY REPORT SUBJECT: APPOINTMENT OF LEAGUE OF CALIFORNIA VOTING DELEGATE AND ALTERNATE FOR OCTOBER 22- 24, 1995 ANNUAL CONFERENCE It is, once again, time to determine which Councilmembers will be attending the League Annual Conference, and select a voting delegate and alternate from those Councilmembers. Details regarding the date and time for the Business Meeting can be found on the attached letter from the League, along with other pertinent voting procedure information. Staff will be coming back to the Council with the actual conference resolutions for discussion at a future meeting. RECOMMENDED ACTION: Council make appointments by minute order and direct the City Clerk to forward the completed form to the League of California Cities. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Acct. No. (if NOT budgeted): Acct. No.: Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: League of California Cities Prepared by: Charles L. Rough, Jr., City Manager Attachments: 1. League of California Cities letter, dated June 29, 1995 R:4/CM~,SRVote Cal/forn/a C/t/es Work Together League of California Cities 1400 K STREET · SACRAMENTO, CA 95814 · (916) 658-8200 June 29, 1995 To; From: Re' The Honorable Mayor and City Council Mary Andrews, Council Member, Chico and League President Designation of Voting Delegate for League Annual Conference This year's League Annual Conference is scheduled for Sunday, October 22 through Tuesday, October 24, 1995 in San Francisco. One very important aspect of the Annual Conference is the General Business Meeting when the membership takes action on conference resolutions. Annual Conference resolutions guide cities and the League in our efforts to improve the quality, responsiveness and vitality of local government in California. It is important that ali cities be represented at the Business Meeting on Tuesday, October 24, at 9:30 a.m. at the Moscone Convention Center. To expedite the conduct of business at this important policy-making meeting, each city council should designate a voting representative and an alternate who will be present at the Business Meeting. League Bylaws provide that each city is entitled to one vote in matters affecting municipal or League policy. A voting card will be given to the city official designated by the city council on the enclosed "Voting Delegate Form." If the mayor or a member of the city council is in attendance at the Conference, it is expected that one of these officials will be designated as the voting delegate. However, if the city council will not have a registered delegate at the Conference but will be represented by other city officials, one of these officials should be designated the voting delegate or alternate. Please complete and return the enclosed "Voting Delegate Form" to the Sacramento office of the League at the earliest possible time (not later than Friday, September 29, 1995), so that proper records may be established for the Conference. The voting delegate may pick up the city's voting card at the designated Voting Card Table located in the League Registration Area. The voting procedures to be followed at this Conference are printed on the reverse side of this memo. Your help in returning the attached "Voting Delegate Form" as soon as possible is appreciated. If you have any'questions, please call Lorraine Okabe at (916) 658-8236. CITY: LEAGUE OF CALIFORNIA CITIES 1995 ANNUAL CONFERENCE VOTING DELEGATE FORM 1. VOTING DELEGATE: (NAME) (TITLE) 2. VOTING ALTERNATE: (NAME) (TITLE) ATTEST: (NAME) (TITLE Please Return To: League of California Cities Attn: Lorraine Okabe 1400 K Street Sacramento, CA 95814 FAX: 916/658-8236 Not Later Than Friday. September 29. 1995 1o L:\policy\acres\votedel.ltr ITEM NO. DATE: lOb August 2, 1995 AGENDA SUMMARY REPORT SUBJECT: FIXED ASSET VALUATION SERVICES Generally accepted accounting principles require that fixed asset records reflect all fixed assets acquired, less those disposed of, at cost or estimated historical cost. As noted in the auditors opinion of the annual financial statements, the City has not maintained sufficient fixed asset records to allow the auditors to satisfy themselves that the recorded value of fixed assets and related accumulated depreciation are accurate. The most effective method of overcoming this deficiency is the utilization of an independent expert to identify the existing assets and their historical costs. This procedure will result in the creation of fixed asset records, when adequately maintained, upon which the auditors can rely in expressing their opinion on the City's financial statements. In response to the City's solicitation of bids for fixed asset valuation services, two proposals were received. Staff reviewed the proposals, checked references and propose acceptance of Valuation Resource Management, Inc.'s proposal. The attached staff report provides more detail about the services to be provided and the outcome expected. RECOMMENDED ACTION: 1. Authorize the City Manager to sign an agreement with Valuation Resource Management, Inc. for appraisal services, barcode tagging of assets, property control manual and annual update services in an amount not to exceed $19,000. 2. Authorize the purchase of a bar code reading device with interface software in an amount not to exceed $2,400. ALTERNATE COUNCIL POLICY OPTIONS: 1. Reject all bids. 2. Approve only the basic appraisal service $14,500. 3. Approve only the basic appraisal service and barcode tagging of assets $16,900. Acct. No. (if NOT budgeted): Acct. No. (if budgeted): N/A Appropriation Requested: 100.240.003 Prior year encumbrance Requested by: Charles L. Rough, Jr. City Manager Prepared by: Gordon Elton, Finance Director Attachments: Staff report; Valuation Resource Management, Inc. GE:FA-EVAL.AGN Date: July 27, 1995 To: From: RE: Chuck Rough, City Manager Gordon Elton, Finance Director~Xj FIXED ASSET VALUATION SERVICES When I was appointed Director of Finance, you expressed your intention that the City financial system produce annual financial statements upon which the auditors could issue an unqualified opinion. This unqualified auditors' opinion is the most desirable opinion to have the auditors issue. The largest hurdle to overcome in achieving this goal is the update of the fixed asset records to accurately record the cost and related depreciation of City's fixed assets. Once the appropriate fixed asset records are established, the auditors can remove the qualification of their opinion of the financial statements. To accomplish this goal, staff prepared a request for proposals for asset valuation and inventory services which would produce auditable fixed asset records. This memo is the staff recommendation, for procuring asset valuation services. Previous budgets have allocated funds for an asset valuation study which, among other benefits, would result in the creation of fixed asset records sufficient to meet generally accepted accounting principles. These records would be acceptable to the auditors as long as they are then maintained on a current basis. In addition to creating the necessary records for historical cost of assets, the proposed study would provide current replacement costs for insurance purposes. An ongoing aspect of every complete fixed asset system is the periodic inventory of assets to verify their continued existence. This is usually performed annually. Inventorying of fixed assets can be a time consuming exercise which requires interruption of daily activities of many employees. The proposed valuation study includes the option of bar coding the inventory tags of each asset. A bar code reader is utilized to automatically identify each asset during the fixed asset inventory process. Barcoding drastically reduces the time necessary for inventory and requires the minimum participation of staff. The bar code reading also minimizes mis- identification of assets. Barcoded fixed asset tags allow for automating the procedures for future physical inventories. To accomplish this automation a barcode reading device must be purchased. A complete physical inventory may not be necessary every year. A procedure of combined physical inventory and departmental verification of assets appears to be the preferred method of future fixed asset verification. Included in this proposal is the optional service of annually updating the fixed asset records based on data provided by the City. This service will rely on data submitted by the City which identifies all assets acquired or disposed of during the year. Updated reports are then produced which list current fixed assets, accumulated depreciation and replacement cost estimates. The proposed study will have no long-term value if the GE:FA-EVAL.AGN continued maintenance of the fixed asset records is not included in the plan. Inclusion of the annual update service will allow for continued accuracy of the City's fixed asset records (including land (purchased by the City), land improvements, buildings, machinery & equipment). Fine art valuation is not included in this proposal. While the barcode hardware and interface program is not initially necessary, and it is available from other vendors, the City should have a barcode reader to facilitate future inventory taking. I recommend the separation of this purchase from the contract for appraisal services to facilitate separate purchase and competitive pricing of this hardware. Another key component of this service is interaction with the City's auditor. The auditor must accept the results as adequate financial records for the results to be accepted by the City. This condition must be included in the agreement with Valuation Resource Management, Inc. Recommendation: A. Accept the bid from Valuation Resource Management, Inc. 1. Fixed asset appraisal services $14,500 2. Bar code tagging 2,400 3. Appraisal Updating 1,500 4. Property control manual 600 Subtotal $19,000 B. Authorize the purchase of a barcode reader with interface program 2,400 (Telxon Model PTC-912) C. Authorize the City Manager to execute a contract with Valuation Resource Management, Inc. for services listed in "A" above which includes the assurance that the results will be acceptable to the City's auditor. GE:FA-EVAL.AGN April 17, 1995 The City of Ukiah is calling for proposals to conduct a comprehensive fixed asset evaluation, record and management system for various locations of City facilities as listed in the attached specifications. Bids are to be received no later than FRIDAY, JUNE 30, 1995, 2:00 P.M. ON, at the Office of the City Clerk, City of Ukiah, 300 Seminary Avenue, Ukiah, California, 95482. Bids must be sealed with OPENING DATE and TIME promenently displayed on submitting envelope. No FAX transmittals will be accepted. Sincerely, Gordon Elton Director of Finance B:I~ASSET.FIX CITY OF UKIAH REQUEST FOR PROPOSALS TO CONDUCT A COMPREHENSIVE FIXED ASSET VALUATION, RECORD AND MANAGEMENT SYSTEM BACKGROUND The City of Ukiah would like.its fixed asset record system to comply with generally accepted accounting procedures. To accomplish this standard of record keeping the City's assets must be properly valued, recorded and managed. The City hereby requests proposals to accomplish these tasks. SCOPE-OF-WORK You are invited to submit a proposal to provide the City of Ukiah, hereafter referred to as the City, with a property record for financial reporting, enterprise fund accounting, property control, insurance placement and proof-of-loss, capital expenditure planning and cost accounting purposes. This service must be provided in accordance with the requirements of Governmental Accounting, Auditing, and Financial Reporting (GAAFR), and Generally Accepted Accounting Principals (GAAP). To be considered, the appraisal company must have the in-house capability to perform all phases of this service with qualified and experienced full-time employees. CONTENTS OF PROPOSAL The proposal must include the following data: o A cover letter introducing the company and including the name, address, and telephone number of corporate headquarters and the local office. The name of the individual who will be the primary contact with the City. 2. A detailed index of the contents of the proposal. . A description of the proposed service, in narrative format, with any exhibits or documentation deemed essential, addressing the following phases: Purpose of the appraisal Planning and project coordination Field inventory procedures · Costing procedures · Valuation procedures · Data to be recorded · Report formats · (Optional Service) Maintenance and perpetuation procedures - Property accounting manual Annual office processing update service Fixed asset software program - Annual software maintenance and insu?ance update service - Bar code hardware - Trend factors - Master file diskettes 4. A schedule of the proposed timing for completion of the project. 5. Workplan identifying the tasks required to complete each of the project components. 6. Manpower capabilities must be outlined including: Number of full-time professional appraisers currently employed who will be assigned to the project. Credentials of personnel currently employed by the company including: Principal who will manage this project and have responsibility for its successful execution. The field supervisor who will oversee the inventory, costing and valuation phases of the project, and Staff appraisers who will conduct the inventory, valuation and costing phases. . A resume of the company's experience indirectly related projects, to include name, address, and telephone number of client references who may be contacted. 8. Samples of reports to be provided to the City. . A statement of the company's financial responsibility and resources to undertake an engagement of this magnitude. 10. A statement of the cost to the City for the services to be performed, including all expenses, and a proposed payment schedule. PROPOSAL DEADLINE Proposal must be submitted on or before Friday, June 30, 1995, 2:00 p.m. Daylight Savings Time to: Cathy McKay City of Ukiah City Clerk 300 Seminary Avenue Ukiah, California 95482 SELECTION OF FIRM Proposals will be evaluated by the Finance Department of the City of Ukiah. An evaluation will be made considering the following criteria: o 2. 3. 4. 5. Project understanding and recommended approach. Presentation of a clear, concise, and responsive proposal. Qualification and experience. Demonstrated ability to produce acceptable results. Cost. The City reserves the right to accept or reject any or all bids. ADDITIONAL INFORMATION 1. The successful firm shall obtain a City of Ukiah business license. 2. The successful firm shall provide proof of worker's compensation insurance coverage. . Attached is relevant information including facilities to be inventoried and detailed service specifications which must be addressed in the proposal. 4. Direct all questions to: Gordon Elton, Director of Finance at (707) 463-6220. APPRAISAL SPECIFICATIONS PURPOSE The objective is to provide the City with a comprehensive fixed asset property record for: Financial reporting (internal and external) Enterprise fund accounting Property control Insurance placement and proof-of-loss Capital expenditure planning Cost accounting Provide an effective system to perpetuate the record SCOPE The appraisal should include all land improvements, buildings, machinery and equipment, furniture and office equipment at the City locations listed in Appendix A. Land, licensed vehicles, weapons, radios, and similar floater equipment are to be included based on information furnished by the City. Inventory items, spare parts, supplies, and personal property of employees are to be excluded from the appraisal. The service should include but not be limited to: A physical inspection and inventory of all property included. Preparation of a comprehensive narrative report describing the scope, procedures and definitions used in the service performed. Preparation of an EDP master file which would include, at a minimum, the following information for the assets included' a. Property/location b. Building c. Floor d. Room e. Department f. Account g. Classification h. Fund code i. Fund source j. Quantity k. Asset number/tag number 1. Description m. Manufacturer n. Model o. Serial number p. Date of acquisition q. Useful life r. Original cost (actual or estimated) s. Cost of reproduction new t. Cost of reproduction new less depreciation Preparation in EDP format of the following reports: ae Physical Location Report Insurance Detail Report Asset Number Report Insurance Summary Asset Summary Report Depreciation Summary Report Asset Depreciation Report Replacement Year Report Collection and retention of sufficient data to provide detailed proof-of-loss information, in the event of a loss, consistent with the insurance policies in effect. (Optional) Preparation of a customized property accounting manual to assist City personnel and provide instructions for recording property additions, retirements, transfers and other property changes. PROPERTY ACCOUNTING AND CONTROL METHODOLOGY All assets with a unit cost of $500 or more and a normal life greater than one (1) year will be included in the inventory for property accounting purposes. Inclusions for reference purposes are to be defined in accordance with the policies currently in effect. Assets of like kind, located within the same room and department, approximately the same vintage, life and cost are to be grouped. Similarly, minor items are to be grouped for insurance purposes. For property accounting, the straight line method of depreciation should be calculated using a one half year convention in the year of acquisition and the year of disposition. Physical depreciation, for insurance reporting, should be recorded based on a personal inspection by the appraiser and comparison of the asset to an asset of like kind in new condition considering functional and economic factors deemed relevant. OPTIONAL SERVICES TAGGING: The valuation firm will be responsible for purchasing and applying bar code tags to unit control items and entering the tag numbers into the data base. Placement of tags must be applied in consistent locations with procedures formalized with the City prior to beginning the field work. BAR CODE HARDWARE: The City wishes the appraisal company to include the cost of furnishing bar code hardware that will enable the City to conduct a physical inventory using in-house personnel. The re-inventory would be processed using the fixed asset software program to be proposed under a separate section. ANNUAL UPDATE SERVICES: Include the cost for updating the inventory on an annual basis. Alternatives should include the following: a. DJ Co de Office Processing: The update would require the City to provide the valuation firm with a complete listing of all additions, retirements and transfers having occurred in the previous year. The firm would provide the necessary training and reporting forms to ensure proper recording of the changes. The firm would process the changes on the completed forms to revise the standard reports and provide activity reports reflecting additions, retirements and transfers. Fixed Asset Software Program: The firm must offer the City a software package for use on an IBM PC-AT (or. compatible) system having a minimum of 20 megabytes of hard drive storage, 640K RAM, and utilizing DOS version 3.1 or greater. The program is to be menu driven and easy to use. Actual hard drive storage requirements will depend upon the size of the database included in the appraisal. No additional software investment is to be required. An off-the-shelf version to be offered is to include: A license agreement to use the program Fixed asset software program provided on 3 1/2" diskettes Complete docUmentation/users manual including system table specifically implemented for the City. information The installed version to be offered is to include the above features plus: · Installation of the program and the City appraisal database on their computer · On-site instruction to appropriate personnel using the database and system tables · A minimum of four hours of telephone support time Annual Software Maintenance and Insurance Update Service: To keep the software program and documentation up-to-date, the City wishes to consider an annual software maintenance service which will include an extension of the warranty, any updates to the program, telephone support and the application of trend factors to all classifications of assets to reflect their current insurable values. Trend Factors: Should the City decide to use its own fixed asset software program, it may have an annual requirement to purchase trend factors for the asset classifications to reflect current insurable values. The firm is to provide a cost to the City for providing the factors. Master File Diskettes: Should the City decide to use its own fixed asset software program, it may request diskettes of its initial inventory. APPENDICES Ao APPENDIX A LIST OF PROPERTIES LAND, STRUCTURES AND IMPROVEMENTS . 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. Civic Center 300 Seminary Avenue City of Ukiah Municipal Golf Course Golf Course Shop Building, Park Boulevard Golf Course Cart Storage, Park Boulevard Golf Course Clubhouse, Park Boulevard Sun House Museum Complex, 431 South Main Street Former Police Headquarters, East Standley Street Corporation Yard Warehouse and Office, 1320 Airport Road Corporation Yard Shop and Vehicle Storage, 1320 Airport Road Corporation Yard Garage Facility, 1320 Airport Road Former Electrical Shop, State Street and Hastings Avenue City of Ukiah Regional Airport and Clear Zone Properties Airport Administration, 1411 South State Street Airport FAA Flight Service Station, 1411 South State Street Airport Hangars, 1411 South State Street Todd Grove Park Bathhouse, 511 Park Boulevard Todd Grove Pool Equipment, Building, Chlorinator, 511 Park Boulevard Todd Grove Locker Room, 511 Park Boulevard Todd Grove Property in the Open, 511 Park Boulevard Giorno Park and Stadium, and Baseball Fields Giorno Park Equipment Storage and Field Maintenance Office, Park Boulevard Giorno Park Anton Stadium, Park Boulevard Fire Station North, North State Street Water System-Ranney Control Building, City Well Road Water System-Ranney Water Filtration Plant, City Well Road Wastewater Treatment Plant, Plant Road Hydro Electric Plant Shooting Range and Building Evidence Storage Building Dog Kennels (County Animal Control Shelter) Gun Club Property - Buffer Zone to Landfill Site Ukiah Valley Conference Center, 200 South School Street Solid Waste Disposal Site (Landfill) 260 Acres of Land Owned by City adjacent to Landfill Land Owned and Leased to Ukiah Players Theater, Low Gap Road access from High School Land Owned and Leased to County of Mendocino Library (Ukiah Branch), Main and Perkins Streets Five (5) City Parks (Todd Grove Park, Hudson-Carpenter Park, McGarvey Park, Oak Manor Park, and Vinewood Park) Future designated neighborhood Park - Orchard Avenue Observatory Property All Publicly Owned Easements or Utility or Right-of-Way Dedications Riverside Property (off of Gobbi Avenue) a. Co OFFICE FURNITURE AND EQUIPMENT VEHICLES, EQUIPMENT AND MACHINERY LIST OF DEPARTMENTS APPENDIX B o . . . . . 7~ . . 10. 11. 12. City Management and Administration Charles L. Rough, Jr., City Manager City Clerk Cathy McKay Assistant to the City Manager Michael F. Harris Finance Department Gordon Elton, Director of Finance Planning Department Robert Sawyer, Director of Planning Public Safety Fred Keplinger, Director of Public Safety Public Works/City Engineer Rick H. Kennedy, Director of Public Works/City Engineer Community Services Department Candace Horsley, Assistant City Manager/Director of Community Services Public Utilities Darryl L. Barnes, Director of Public Utilities Airport Don Bua, Airport Manager Ukiah Redevelopment Agency Larry DeKnoblough, Assistant Redevelopment Director Ukiah Valley Conference Center Bruce Jenney, Manager (707) 464-6213 (707) 463-6217 (707) 463-6287 (707) 463-6220 (707) 463-6206 (707) 463-6240 (707) 463-6280 (707) 463-6212 (707) 463-6295 (707) 463-6293 (707) 463-6221 (707) 463-6706 B:AGREEMENT$ ASSE'r. FIX l l l l l. I l_ L Valuation · Resource Management, Inc. Atlanta · Beverly Hills · Houston · Milwaukee ° Minneapolis · Philadelphia · Seattle ° Vancouver B.C. June 26, 1995 Mr. Gordon Elton Director of Finance City of Ukiah 300 Seminary Avenue Ukiah, California 95482 Dear Mr. Elton: Valuation Resource Management, Inc. (VRM) is pleased to submit its recommendations for professional valuation consulting services to the CitY of Ukiah, in response to your invitation to submit a proposal. Our proposal is based upon the request for proposal, review and analysis of the information on facilities provided to us, and our considerable experience in establishing property records for California cities. The purpose of our service will be to provide the City of Ukiah with a comprehensive equipment record and management system to meet its objectives for financial reporting, property control, insurance placement and proof of loss, and capital expenditure planning and cost accounting. VRM is proud to be the industry leader in public sector valuation services. By dedicating our efforts exclusively to the public sector, last year alone we served over 350 entities nationwide. VRM is uniquely qualified to assist you with your appraisal requirements for the following reasons: · Our commitment to public entities - over 25 California cities served · We have the largest professional staff dedicated exclusively to serving public sector clients · VRM uses full-time, qualified staffwith ASA designation, NO SUB- CONTRACTORS · Fully automated appraisal and inventory utilizing state-of-the-art fixed asset software, barcode applications and hardware · Full compliance with stringent Uniform Standards of Professional Appraisal Practice (USPAP) for reports 8383 Wilshire Blvd., Suite 950 Beverly Hills, CA 90211 213-658-5704 ° 1-800-428-1925 · Fax 213-658-5023 Mr. Gordon Elton City of Ukiah June 26, 1995 Page 2 Our appraisal services offer the following benefits: Financial reporting in compliance with professional accounting standards as prescribed by GAAP · Acceptance of our reports by internal/external auditors · Ensure accountability and custodial responsibility for fixed assets Current insurable values on buildings and contents for placement and proof of loss substantiation in compliance with the California Joint Powers Insurance Authority William N. Jaeger, ASA will serve as the executive in charge for the engagement. Mr. Jaeger is a senior member of the American Society of Appraisers, is a nationally known speaker on appraisal issues, and has been serving public entities for over fit~een years. We look forward to providing the City of Ukiah with our professional valuation consulting services. We are confident that you will find our services to be of the highest degree of professionalism and quality. Thank you for the opportunity of submitting our proposal. Sincerely, VALUATION RE~AGEMENT, INC. vG[ceeg °p rrYe sl~c~ eFn;iz~ /~ jn2695cl R V. M PROPOSAL FOR CITY UKIAH, OF UKIAH CALIFORNIA SUBMITTED BY Valuation Resource Management, Inc. Gregory N. Friz, Vice President 8383 Wilshire Boulevard, Suite 950 Beverly Hills, California 90211 213-658-5704 800-428- 1925 213-658-5023 Fax t June 26, 1995 RE: FIXED ASSET APPRAISAL SERVICES L L l l l L I. PURPOSE II. III. IV. PROJECT PLANNING METHODOLOGY INVENTORY PROCEDURES V. VALUATION PROCEDURES VI. DATABASE VII. REPORTS VIII. PERSONNEL IX. TIMING X. OPTIONAL SERVICES TABLE OF CONTENTS GENERAL INFORMATION FINANCIAL STATEMENT FEE SCHEDULE XVI. CONCLUSION XV. AUTHORIZATION EXHIBITS EXHIBIT I REFERENCES EXHIBIT II CLIENTS SERVED EXHIBIT III PROFESSIONAL QUALIFICATIONS EXHIBIT IV SAMPLE REPORTS Page 1 Page 2 Page 2 Page 3 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 15 Page 15 Page 16 Page 17 Page 18 R .V'M l ! I l I_ l l L Valuation 'Resource Management, Inc. Atlanta ·Beverlv Hills · Houston ° Milwaukee ° Minneapolis · Philadelphia ° Seattle · Vancouver B.C. June 26, 1995 Mr. Gordon Elton Director of Finance City of Ukiah 300 Seminary Ave Ukiah, California 95482 RE: APPRAISAL SERVICES Dear Mr. Elton: Valuation Resource Management, Inc. (VRM) hereby proposes to provide professional valuation consulting services to the City of Ukiah (City). The purpose, scope, methodology, staffing, and fees are set forth as follows: The purpose of our appraisal will be to provide the City with a comprehensive fixed asset equipment record and management system to meet the following objectives: Financial Reporting: Fulfill current fiscal reporting requirements, establish audit compliance with Generally Accepted Accounting Principles (GAAP) and Governmental Accounting, Auditing, and Financial Reporting (GAAFR), and enable tracking of equipment purchased through government programs. Accountability and Control: Meet current requirements for accountability and custodianship. Enhance operational efficiency through identification, Control, reinventory and maintenance of equipment. Insurance: Provide current insurable values for placement and proof of loss, and a system for perpetuation of the conclusions. Capital Expenditure Planning: Establish a basis for projecting capital asset improvements and replacements to assist the City in the planning and budgeting processes. Cost Accounting: Assist in determining the cost of programs and services provided by the City. Will help the City to establish rates and fees on a more' equitable basis. 8383 Wilshire Blvd., Suite 950 Beverly Hills, CA 90211 213-658-5704 ° 1-800-428-1925 · Fax 213-658-5023 l l l Mr. Gordon Elton ,City of Ukiah June 26, 1995 Page 2 H. PROJECT PLANNING The success of projects of this scope and magnitude depends upon sound planning and project control. VRM will develop specific guidelines, objectives, and procedures as part of its project planning and organization to assure that all requirements of the City are met. Our project planning will include: · An initial meeting with City representatives to review the objectives, procedures, and methodologies to be used during the appraisal process · Consulting with City auditors and insurance consultants regarding our services and the specific requirements they may have · Preparation of an inventory schedule which allows advance notification of personnel · Preparation of a project plan addressing property inclusions and exclusions, tagging procedures, valuation procedures, report timing and format · Developing methods and procedures to be implemented to maintain the fixed asset system upon completion of the inventory and delivery of reports · Meeting with systems people to address data conversion and system conversion issues IH. METHODOLOGY Our investigation of the property will follow generally accepted appraisal practices and will include use of specific techniques necessary to develop a valid and acceptable original cost, date of acquisition and useful life for each item or group of items. We will determine original cost by using direct, standard or normal costing methods. Direct costing - With this technique we will match an historic cost record to a unit or group of property items. The actual purchase cost and acquisition date will be reported for those assets. Standard costing - A standard cost is an estimated cost based on a known average installed cost for a like unit at the estimated acquisition date. The unit's age is estimated based on observed condition, manufacturer's name, model, serial number, age of the facility, and other factors. R V~ ~1 L Mr. Gordon Elton .City of Ukiah June 26, 1995 Page 3 Normal costing - Where the preceding techniques can not be employed to apply historical cost, we will estimate cost based on a present cost of reproduction new, indexed by a reciprocal factor of the price increase from the estimated date acquired to the appraisal date. Donated assets will be recorded at fair market value at the time of donation. For assets that have been donated in new or unused condition, the replacement value at the time of donation will be used. This information is available from vendors, manufacturers' price lists, or telephone quotes. Assets donated used will be recorded at their estimated fair value. IV. INVENTORY PROCEDURES VRM's appraisal will include City-owned land, land improvements, builidngs, and machinery and equipment at the locations on the property listing provided to us. Fixed assets will be included in the record according to the following procedures: A. Land Land will be included based upon information supplied by City personnel. The information to be provided for each parcel includes, as available: parcel number, address, location/legal description, acquisition date, acquisition cost, fund and account code, If certain parcels have no original cost data available, or were donated at an amount less than market values as of the date acquired, VRM can estimate the original cost. The fee for this service would be based upon the number of parcels requiring valuation. B. Land Improvements Lands improvements are those assets located outside of a building and particular to a parcel of land including, but not limited to, fencing, lighting, yard equipment and playground equipment. We will inventory and record, by location, all assets within this classification. R V. M I l l Mr. Gordon Elton ,City of Ukiah June 26, 1995 Page 4 C. Buildings Our appraisal and research investigation of the buildings will follow generally accepted appraisal practices and will include use of a detailed segregated cost approach to develop accurate and complete construction data and acceptable insurance values. The buildings in our inventory will be carefully inspected and measured by VRM personnel. When available, construction blueprints will be utilized. An identifying description of each building will be developed and recorded. Basic construction components will be identified and valued, including excavation, grading, foundations, framing, floors, roofs, interior construction, building service equipment such as electrical, plumbing, heating, air conditioning, sprinkler, fire protection and alarm systems, and related fixed equipment. Also to be recorded for each building will be: property address, property name, building name, occupancy, construction classification, year of construction, condition, and square footage. D. Machinery and Equipment Appraisal personnel will inspect, inventory and identify machinery and equipment, office and computer equipment, and furniture, by department within each building for each location. Assets will be inventoried by the following major categories: Unit Control Machinery and equipment with an original cost of $500 or more, with an estimated useful life of more than one year, will be inventoried and identified individually. Manufacturer, model number and serial number will be captured for each unit control asset. Group Control Homogeneous items with an original cost less than $500 will be listed by like asset group, with quantities and total costs indicated. R V. M I Mr. Gordon Elton City of Ukiah June 26, 1995 Page 5 E. Barcode Tagging Our appraisers will apply new barcode tags to all unit control items, and enter the tag number into the database. Tags will be applied in a consistent location on like items, enabling ease of reinventory. The procedures for perpetuation of the tagging process will be provided to you in written format. VRM will purchase the necessary barcode labels for the engagement. F. Client Supplied Information Land, licensed vehicles, mobile communication equipment and weapons will be included in the record on the basis of data provided by the City. l R V~ l I l Mr. Gordon Elton City of Ukiah June 26, 1995 Page 6 V. VALUATION PROCEDURES During the course of the inventory and our subsequent valuation research, our appraisers will conduct an investigation to determine original cost, and cost of reproduction new, defined as follows: Original Cost is the amount originally paid to acquire the asset, including such costs as set-up charges; transportation; taxes; engineering and architectural fees, and title insurance. If an asset was donated or bought for a nominal sum, GAAP requires that the asset be accounted for at market value as of the date of acquisition. Cost of Reproduction New (synonymous with the insurance term "new replacement cost') is the amount required to reproduce property in like kind and materials, in accordance with current market prices for materials, labor and manufactured equipment, contractor's overhead, profit, and fees, but without provisions for overtime or bonuses for labor and premiums for material or equipment, based upon reproducing the entire property at one time. Exclusion is a provision in an insuranc econtract describing property, or types of property, that are not covered by the contract. Based upon our review of the insurance form, we will identify those items specifically excluded under terms of the policy. Our investigation will include the use of various research sources to develop the cost conclusions for each asset or group of assets. These sources include catalogs, phone quotes, price lists, trade journals, magazines, industry publications, technical and pricing subscription services, engineering manuals such as Means, Marshall Swirl, Handy Whitman, and E.H. Boeckh. / R V~ M l Mr. Gordon Elton City of Ukiah June 26, 1995 Page 7 VI. DATABASE The information to be contained in the master file database inventory will include the following information for each asset or group of assets. · Property/Location Building · Room · Department · Fund · Account · Asset classification code · Asset number · Quantity · Description · Manufacturer · Model · Serial number · Date of acquisition (actual or estimated) · Percent depreciated (physical) · Unrecovered cost · Year to date depreciation · Useful life · Original cost (actual or estimated) · Cost of reproduction new · Cost of reproduction new less depreciation R V. M l I_ L Mr. Gordon Elton City of Ukiah June 26, 1995 Page 8 VII. REPORTS VRM will provide repons to be utilized for external auditing, accountability and control, and insurance reporting requirements. Detail, as well as summary reports will be provided. The standard reports will include: Accounting Summary Represents original cost summaries of capitalized assets only. Costs are totaled by fund and asset type Accounting Detail Provides a detailed listing of capitalized asset showing the accumulated depreciation, original cost, current year's provision Physical Location · Supports the accounting summary reports, presented in detail format Insurance Summary Includes all assets regardless of cost, provides summary totals for cost of reproduction new, sorted by location and building Insurance reports will meet all requirments of the California Joint Powers Insurance Authority Insurance Detail Detailed listing supporting the insurance summary report. Sorted by location, building, and department Sample reports are included as an exhibit for your review. Customization of reports is available if needed. R V. M l l l I _ l Mr. Gordon Elton City of Ukiah June 26, 1995 Page 9 VIH. PERSONNEL VRM is comprised of full-time, in-house appraisal personnel. Individuals at Valuation Resource Management are associated with the American Society of Appraisers, one of the most widely noted appraisal and valuation societies in North America. Selected personnel have obtained the ASA's senior designation, the highest designation within the appraisal discipline. Each appraiser specializes in providing services to public entities. Valuation Resource Management, Inc. is managed by Mr. William N. Jaeger, ASA, President. Mr. Jaeger has over 15 years experience in inventory and valuation procedures for property records of cities, counties, states and sewage treatment facilities. He has managed hundreds of public entity engagements, and is a nationally known speaker on fixed asset and insurance issues. Mr. Jaeger has addressed and led workshops for the Association of School Business Officials and the Government Finance Officers Association, among others. Staffing Proj ect/Team VRM has assembled a team of expert governmental valuation consultants to serve the City. Each individual is a full-time member of our staff, is located in our Los Angeles office and has considerable experience providing appraisal services to municipalities. We have included professional qualifications on each individual. William N. Jaeger, ASA William N. Jaeger is the president of VRM and is a senior member of the American Society of Appraisers. Mr. Jaeger has over 15 years experience serving public entities. Mr. Jaeger will serve as engagement manager for this project and be responsible for project planning, review and the physical inspection and on-site inventory for the City. Since he has served numerous electric utilities, he will concentrate his effors on the the hydro-electric plant. Clients served by Mr. Jaeger include: the cities of San Diego, Houston, Livermore, Pleasanton, Santa Rosa, Santa Clara and Lynwood, and the state of Arizona. Robert H. Dengel, Project Manager Robert H. Dengel is a senior appraiser with VRM. He is a graduate of Miami University, Ohio with a B.S. in Business Adminstration. Mr. Dengel is a Candidate for advancement within the American Society of Appraisers and has served as project manager for the following engagements: cities of Seal Beach, Livermore, E1 Cerrito, Sausalito and Azusa, and the Santa Clara Valley Water District. R V. M l l l l L L L Mr. Gordon Elton ,City of Ukiah June 26, 1995 Page 10 Jeffrey M. Anderson, Field Appraiser Jeffrey M. Anderson is a staff' appraiser with VRM and is a graduate of the University of Wisconsin with a B.B.A. in Investment, Banking and Finance. Mr. Anderson is a candidate for advancement with the American Society of Appraisers. Clients served by Mr. Anderson as project manager include: cities of Grover Beach, Buellton and Pismo Beach, Special District Risk Management Authority, California Association for Park & Recreation Insurance and the Contra Costa County Municipal Risk Management Authority. Steven Rudolph, Field Appraiser Mr. Rudolph is a staff appraiser with VRM. He is a graduate of Lehigh University with a B.A. in architecture. Mr Rudolph's expertise is in the listing and valuation of buildings. He has valued ornate and historical structures for the states of Montana and Vermont, and the civic center and library for the city of Huntington Beach. Brett Johnson, Manager of Support Services Brett Johnson is manager of support services for VRM. In this capacity he coordinates the installation and configuration of hardware and software. He is reponsible for data conversion, system installations and software support for our nationwide client database, and has provided onsite services for clients such as the cities of Lynwood, Pleasanton and Westminster. IX. TIMING Upon receipt of your authorization, we will contact you to determine a mutually agreeable schedule for the project planning meeting and our field investigation. Delivery of the final reports will be within approximately 90 days of the start of the field work, assuming we receive any required information from the City promptly. If this schedule does not meet with the City's requirements, please inform us as soon as possible so that we may alter our schedule to meet your needs. R V, X1 .[ L Mr. Gordon Elton City of Ukiah June 26, 1995 Page 11 X. OPTIONAL SERVICES A. Appraisal Updating Service Our appraisal updating service is available to provide annual updates of the initial appraisal. This service requires the City to provide VRM with a complete listing of all additions, retirements, and transfers that will have occurred in each year following our original appraisal. VRM would provide the necessary training and reporting forms to ensure proper recording of the changes. VRM would process the activity reported on the completed forms in order to revise the standard reports defined in Section VII. In addition, we would provide you with addition, retirement, transfer, and replacement year reports for property accounting and financial reporting purposes. B. Property Control Manual We will prepare a property control manual which will provide instructions for recording property additions, retirements, transfers, and other property changes. In order to understand the City's policies and procedures regarding fixed asset accounting, our project manager will meet with the department personnel responsible for acquiring or disposing of assets. Upon completion of the interviews, we will prepare a manual with descriptive information on topics including, but not limited to, property control responsibilities, methods for tracking assets, and coding and sample forms to be used. C. Master File Tape or Diskette Should the City decide to use its own fixed asset software program, it may request a tape or diskette of its initial inventory. VRM will provide the master file valuation data to the City on a floppy disk in ASCII format, or in ASCII or EBCDIC tape format. A file layout with a glossary of accounts and descriptive abbreviations will accompany the data. VRM employs in-house systems personnel who are available to assist with data conversion. R V. l l Mr. Gordon Elton City of Ukiah June 26, 1995 Page 12 D. G-FAMS Fixed Asset Software VRM makes available to its clients a PC-based fixed asset software package developed by our businegs partner, Derek Consulting Group (DCG). G-FAMS is designed specifically for governmental and educational entities. G-FAMS is a flexible, event-driven system that operates in a PC environment and offers the following features: · Novell LAN or stand-alone operations · Pull-down menus Search records on virtually any field · Multiple security levels · Windows and UNIX versions The computer running G-FAMS will require the following: · IBM compatible 386/486-based processor computer. A clock speed of 33 MHz or better is desirable · At least 4 MB of memory, with at least 512K of conventional memory and 2.8 MB available as extended (XMS) memory 5 MB of hard disk space for the G-FAMS program and 20 MB of additional space for data files for every 10,000 asset records on which you expect to load and maintain history · A VGA color monitor · A mouse (not required but strongly recommended) Network servers must support NETBIOS, a minimum of 80 file handles per user, and support file locking conventions of DOS 3.1 or higher. G-FAMS is delivered with a comprehensive user's manual which outlines all aspects of the system's operation. The manual will also provide procedural tips and guidelines for general fixed asset management. The system includes up to 60 minutes of telephone and techrdcal support for the first ninety days, at no additional charge. DCG professionals can also provide on- site installation and training services. A demonstration of G-FAMS is available upon request. R V M l Mr. Gordon Elton City of Ukiah June 26, 1995 Page 13 E. Annual Software Maintenance and Insurance Update Service The City will provide us with a back-up copy of their property records on floppy diskettes on an annual basis. VRM will update the program to include any changes that occurred during the prior year and apply customized trending factors to all classifications of assets 'to reflect their current insurable values. The updated diskettes will then be returned for continued use of the system. F. Barcode Hardware With the purchase and use of a Telxon Model PTC-912 barcode reader the City could perform an annual reinventory of its equipment items. City's personnel could use the reader to record the barcode tag number of each tagged unit control item. Next, the scanned inventory would be uploaded into the City's personal computer, designed to run a fixed asset program such as DCG's G-FAMS software program. The scanned inventory data would then by compared to the base inventory and reconciled. The City could generate its revised standard and activity reports to reflect additions, transfers and retirements. Discrepencies between the base inventory, processed changes and the reinventory could be investigated using the following additional reports: · Unrecorded Additions - asset that are located within a particular building, department or room, that did not appear on the inventory Unrecorded Transfers - a listing of the assets that were supposed to have been located winthin a particular building, department or room, but were found in a different location · Missing Assets - assets that were overlooked in the inventory, had a defaced or missing tag, or were missed during the inventory Each collection unit would be programmed to facilitate ease of reinventory and proper interfacing with the G-FAMS sot~ware program. VRM utilizes Telxon barcode readers in-house. R V M l I. l l. l Mr. Gordon Elton City of Ukiah June 26, 1995 Page 14 G. Annual Reinventory Service The City may choose to have VRM perform an annual reinventory of all unit control, tagged assets, utilizing our barcode scanning devices and providing a complete reconciliation 0fthe previous year's activity. Our appraisers will begin with existing purchase records (P.O.'s and invoices), as provided by the City. Each capitalized addition will be properly tagged and recorded in our database with the appropriate locational and coding (fund, account, etc.), to be consistent with our original reports. All City buildings will then be completely reinventoried using the scanners and comparing the results to the previous database. The inventoried data will be compared to the original database to determine the following: · Which asset are to be retired · Which assets have been transfered Once the exception reports have been reconciled, the original database will be updated to reflect inflationary changes from the previous year. Then, all additions, retirements and transfers will be applied and final updated reports will be reissued. This service is designed to be performed annually and in conjunction with the City's fiscal year-end. Its benefits include the following: · Substantially extend the period between the original project and subsequent, complete reappraisals · Maintain database entirely by VRM, an independent, third party, ensuring system integrity · Eliminating administrative and departmental commitments to the maintenance of the City's records · Produce reports that will be available for audit and insurance requirements at the same time each year H. Trend Factors If the City decides to use its own fixed asset software program, it may have an annual requirement to update insurable values. Accordingly, beginning with the first anniversary of the initial appraisal and continuing on an annual basis thereafter, VRM will provide the City with customized trend factors reflecting changes in price levels for use in determination of replacment values. R V M _ Mr. Gordon Elton City of Ukiah June 26, 1995 Page 15 XI. GENERAL INFORMATION The following conditions are considered standard practice in the performance of our appraisal services and, if applicable, are made a part of this proposal. All available data and records deemed necessary in the search for costs and historical background should be provided to our appraisal staff. A list of all assets on loan or off-site for repair should be furnished to the appraisal staff We will maintain copies of the final reports, together with all field notes and working papers, in our files for a period of 5 years. If the need arises, these documents will be made available to the City. Valuation Resource Management, Inc. will render advisory services at no charge to the City, its auditors and insurance representatives regarding the methods used in the appraisal process and the resulting values of the assets appraised. In the event of a property loss involving the appraised properties, Valuation Resource Management, Inc. will provide the City with current insurable values of the affected areas with no additional charge. This service is available for one year after completion and delivery of the final reports. It will remain in effect on a yearly basis as long as the City uses one of our updating services described in this proposal. XH. FINANCIAL STATEMENT VRM has the financial and in-house capabilities to undertake an engagement of this magnitude. We have recently executed engagements for the states of Montana, Arizona and Vermont, and the city of Houston (contract in excess of one million dollars). A certificate of insurance on City forms will be provided prior to commencing the project to comply with all City insurance requirements. R M l I l l Mr. Gordon Elton City of Ukiah June 26, 1995 Page 16 XIH. FEE SCHEDULE Based upon our understanding of your requirements, and the level of professional skills necessary to complete this project, our fees are structured as follows: Fixed Asset Appraisal Services: Including land improvements, buildings, machinery & equipment $14,500 Barcode Tagging (including the cost of tags) $ 2,400 Optional Services: Appraisal Updating $ 1,500 Property Control Manual $ 600 Master File Tape or Diskette G-FAMS Software Program (Stand-alone) (Network Version) $ 2OO $ 2,200 $ 3,500 Annual Software Maintenance and Insurance Update Service $ 495 Barcode Hardware with Interface Program (Telxon Model PTC-912) $ 2,400 Annual Reinventory Service $ 8,500 Trend Factors $ 200 Our fees include any and ali expenses incurred by Valuation Resource Management, Inc. in preparation and completion of the inventory, appraisal, and reports, and are guaranteed for a period of 90 days from the date of this proposal. R M Mr. Gordon Elton City of Ukiah June 26, 1995 Page 17 Valuation Resource Management, Inc. will invoice you for professional services rendered during the progress of our work. Progress invoices, up to 90% of the total fee, will be issued as follows: 65% after completion of the on-site investigation and inventory, 25% after completion of the costing phase and 10% upon delivery of the final reports. No invoices will be submitted upon authorization of services or prior to completion of the field work. Selected hardware and software will be invoiced upon authorization. The invoices are payable upon receipt. If the invoices are not paid on a timely basis, defined as within 30 days of receipt, allowing for normal postal services, we reserve the right to charge interest calculated on the basis of one and one-half percent per month. We have relied upon certain property and building data provided by the City in developing these fees. Additional locations, buildings, or structures encountered, or corrections to the list of properties provided to VRM that require an increase in professional time, will be charged at our per diem rates, inclusive of expenses, and billed in addition to the agreed upon fee. Fee quotations for additional properties or buildings will be provided upon request. XIV. CONCLUSION If this proposal meets with your understanding of the services required, and you agree with the methods and procedures as outlined above, please signifij your acceptance by executing the signature block on the enclosed duplicate copy of the authorization document and return it for our files. To avoid dealys, the authorization sheet can be sent via facsimile to 213-658-5023. We look forward to working with the City on this important project, and assure you that our services will be as desired and expected. Please contact me at 1-800-428-1925 or 213-658-5704 with any questions regarding our proposed services. R M l Mr. Gordon Elton City of Ukiah June 26, 1995 Page 18 XV. AUTHORIZATION Please note the services you desire by initializing in the space provided. The not-to- exceed investment for the City is as follows: Fixed Asset Appraisal Services: Including land improvements, buildings, machinery & equipment (~,$14,500 Barcode Tagging (including cost of tags) ~$2,400 Optional Services: Appraisal Updating ~$1,500 Property Control Manual (~$600 Master File Tape or Diskette ~$200 G-FAMS Software Program (Stand-alone) ~$2,200 (Network) ~$3,500 Annual Software Maintenance and Insurance Update Service ~$495 Barcode Hardware with Interface Program (Teixon Model PTC-912) ~$2,400 Annnal Reinventory Service ~,$8,500 Trend FactorsC'W~$200 ACCEPTED BY: CITY OF UKIAH Title: RESPECTFULLY OFFERED BY: VALUATION RESOURCE MANAGE ~M~~C~ Name: /_r~ ~,-~~..~'--./~_==,=~ Title: Vice President Date: jn2695p Date: June 26, 1995 R V EXHIBIT III PROFESSIONAL QUALIFICATIONS L L R V M l I _ l WILLIAM N. JAEGER, ASA President Valuation Resource Management, Inc. PROFESSIONAL PROFILE EXPERIENCE: As the president and a board member of Valuation Resource Management, Inc., (VRM), William N. Jaeger has committed VRM to providing our clients with a superior appraisal product for efficient utilization, management, and control of property. Mr. Jaeger started his career in 1979, appraising governmental and educational properties. He is well versed in the unique fixed asset and insurance appraisal requirements of the public sector. He has authored publications and given speeches on fixed asset management systems and insurance issues for the public sector. His extensive experience in the industry enables him to knowledgeably consult for health care facilities, states, cities, counties, risk pools, park districts, universities, colleges, school districts, private schools, water and wastewater treatment facilities, and various municipal authorities. Mr. Jaeger continues to upgrade and streamline the appraisal process. Through Valuation Resource Management, 'Inc. Mr. Jaeger is able to provide customized inventory procedures for software linkage with existing client software and bar code inventory technology. During his career Mr. Jaeger has been called upon to give expert testimony for litigation defining fair rental value conclusions, construction cost estimating, and depreciation definitions as they pertain to the appraisal process procedure and the ultimate conclusion of value. Mr. Jaeger is known throughout the industry as a specialist in appraisal methods and procedures for water and wast water treatment facilities. In recognition of his knowledge he was hired to performed a quality audit and fixed asset study for the Australian Government Engineering and Water.Supply Division that dealt with water and wastewater property, infrastructure, property control, and estimated useful life of water and wastewater treatment equipment. PROFESSIONAL AFFILIATIONS/DESIGNATIONS: American Society of Appraisers (ASA) - Senior Designation Governmental Finance Officers Association - Member Association of School Business Officials- Member American Water Works Association - Member PUBLICATIONS: "Establishing a'Fixed Asset Management System" Government Finance Review "Establishing Insurable Values Utilizing A Model Approach" American City and County magazine Authored four chapters on fixed assets for the Governmental Finance Officers Association publication on fixed assets dealing with inventorying, lifing, coding and depreciation Seminars on various appraisal topics such as fixed asset 'management and insurable values for the National Association of College and University Business Officers, the Society of Property Administrators, the Governmental Finance Officers Association and the Association of School Business Officials EDUCATION: Waukesha County Technical Institute, Waukesha, WI A.A. - Real Estate L I I I DANIEL B. NOONAN, ASA Senior Appraiser Valuation Resource Management, Inc. PROFESSIONAL PROFILE EXPERIENCE: As a senior appraiser for Valuation Resource Management, Inc. (VRM), Daniel B. Noonan is responsible for the project management, supervision, production, review, and quality assurance of valuation services provided by VRM. He has also written procedural and training manuals. Mr. Noonan has over 10 years experience in the fixed asset appraisal of properties for both public and private sector clients. His senior designation from ASA was obtained in the area of construction cost analysis. He is versed in the valuation of land improvements, buildings and building services, machinery and equipment, water district equipment, electric utility equipment and infrastructure. Mr. Noonan:s valuation studies have resulted in the creation of property management systems to establish insurable values and develop property accounting systems, as well as for budgeting, capital planning and rate setting purposes. EDUCATION: University of Wisconsin, Madison, WI B.S. - Construction Administration PROFESSIONAL AFFILIATIONS: American Society of Appraisers (ASA) - Senior Member American Water Works Associates- Associate Member Governmental Finance Officers Association - Member National Eagle Scout Association - Life Member I I I l t L ROBERT H. DENGEL Senior Appraiser Valuation Resource Management, Inc. PROFESSIONAL PROFILE EXPERIENCE: As a staff appraiser with Valuation Resource Management, Inc., Robert H. Dengel is responsible for project management, costing, production, review and quality assurance of valuation services provided to our clients. Before joining VRM 'in 1992, Mr. Dengel provided real estate services to investors of commercial real estate. He participated in an extensive market survey in sales and leasing of commercial properties. In his capacity as staff appraiser Mr. Dengel has participated in the appraisal of several school districts, colleges, municipal and county governments. His valuation studies have resulted in the efficient utilization and control of public property for insurance and audit compliance. Mr. Dengel is versed in the techniques used to appraise buildings and building services, land improvements, machinery and equipment, and infrastructure. EDUCATION: Miami University - Oxford, Ohio B.S. Business Administration Additional Studies in Marketing PROFESSIONAL AFFILIATIONS/DESIGNATIONS/LICENSES: American Society of Appraisers (ASA) - Candidate Member Real Estate Broker License - State of Wisconsin I I I ! l JEFFREY M. ANDERSON Staff Appraiser Valuation Resource Management, Inc. PROFESSIONAL PROFILE EXPERIENCE: As a staff appraiser with Valuation Resource Management, Inc. Jeffrey M. Anderson is responsible for project management, inventory, costing, review and quality assurance of valuation services provided to clients. Before joining Valuation Resource Management, Inc. (VKM), Mr. Anderson worked in the insuran~mve~ent industry as a registered representative of a Wall Street based investment firm. Mr. Anderson is versed in appraisal procedures for land improvements, building and building services, water and wastew~er treatment equipment, infrastructure, and machinery and equipment. His appraisal studies have resulted in the ~lishment of insurable values, proof of loss substantiation and development of property records systems. AH appraisal .studies conform with General Accepted Accounting Principles Mr. Anderson has provided valuation services to school districts, municipalities, water districts, colleges and universities. He has also participated in appraisals of historical EDUCATION: University of Wisconsin, Madison B.B.A. - Investment, Banking, and Finance PROFESSIONAL AFFILIATIONS: Financial Management Association - Member L I I I ! I t L STEVEN RUDOLPH Staff Appraiser Valuation Resource Management, Inc. PROFESSIONAL PROFILE EXPERIENCE: Stephen Rudolph is an appraiser with Valuation Resource Management, Inc. (VRM). He is responsible for field data collection, production and review, and quality assurance of valuation services provided to clients. Mr. Rudolph has extensive experience in building valuations, along with a thorough knowledge of construction materials and building methods. Before joining VRM he was employed in the construction industry and served as project manager for a Southern California developer. He has been involved in historical restoration and remodeling of both residential and commercial properties. Mr. Rudolph is knowledgeable in both the Marshall & Swirl Segregated Cost Program and the Boeckh Commercial Cost Estimator. He has experience valuing a large variety of structures, from small park buildings to large courthouses with replacement costs of over twenty million dollars. As an appraiser with VRM he has served as project manager for the city of Huntington Beach and the State of Vermont (74 buildings). He has also participated in projects for the city of Houston, the state of Montana and several historical structure valuations. EDUCATION: Lehigh University, Pennsylvania B.A. - Architecture Related Coursework: Construction Management Construction Estimating Production Drafting Materials and Methods of Construction PROFFESIONAL AFFILIATIONS American Society of Appraisers - Candidate General Contractor - State of California