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1995-09-20 Packet
CITY OF UKIAH CITY COUNCIL AGENDA RESUME Regular Meeting CIVIC CENTE?. COUNCH, CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 September 20,1995 6:30 p.m. 1. Roll Call 2. Invocation/Pledge of Allegiance 3. Approval/Correction of Minutes 2 Corr./Approved a. Regular Meeting of September 6, 1995 4. RIGHT TO APPEAL DECISION Awarded Awarded Authorized Res. No 96-15 Amhorized Authorized Authorized Authorized Awarded Persons who are dissatisfied with a decision of the City Council may have the fight to a review of that decision by a court. The City has adopted Section 1094.6 of the Califomia Code of Civil Procedure which generally limits to ninety (90) days the time within which the decision of the City Boards and Agencies may be judicially challenged. 5. 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 m.. which ewmt 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 Plarming Commission recommendations. a. Approval of Report Regarding August Disbursements b. Deny Claims for Damages Received from Big 5 Sporting Goods and Linda Jensen, and Refer to Insurance Carrier, REMIF c. Award of Bid for One 750KVA Padmount Transformer to Western States Electric in the Amount of $14,746.88 d. Award of Bid for three 1996 Ford Crown Victoria Police Vehicles to Ukiah Ford in the Amount of $65,839.70 and Approve Budget Amendment of $3,850 e. Authorize the Transfer of $174,881 from the City ofUkiah's General Operating Reserve Held by the Northem California Power Agency and Authorize the Mayor as Commissioner to Execute the Letter of Direction Relative to the 3rd and 4th Partial Payments on Conversion of One Geothermal Steam Turbine to Low Pressure f. Adopt Resolution Establishing Candace Horsley as the City of Ukiah's Authorized Representative with the State Water Resource Control Board g. Authorize the Director of Public Utilities to Transfer $9,935 from the City of Ukiah's General Operating Reserve Held by the Northern California Power Agency to the Plant Operations Department of Northern California Power Agency as Payment for Services Rendered Relative to the Lake Mendocino Hydro project and Approve the Expenditure of the Balance of the Purchase Order in the Amount of $10,065 h. Authorize the Transfer of $19,761 from the City ofUkiah's General Operating Reserve Held by Northern California Power Agency and Authorize the Mayor as Commissioner to Execute the Letter of Direction Relative to the Geysers Effluent Project i. Authorize the Director of Public Utilities to Execute a Contract for Appraisal Services with Harding Appraisal Company Inc. for Easement Appraisal on Brush Street Regarding Ukiah Unified School District Property j. Authorize the City Clerk to Secure Paid Advertisements for the One Vacancy on the Airport Commission Due to No Applications Received k. Award of Bid for Three Personal Computers for the Public Utilities Department to EXPOTECH Corporation in an Amount Not to Exceed $9,547.43 Approved Denied . AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. , Denial Upheld * Denied without* Prejudice PUBLIC HEARING- 7:00 p.m. a. Appeal of Planning Commission's Denial of Site Development Permit Application No. 95-28, as Filed by Harold Titen, to Allow a Three-Unit Apartment Structure in the C-1 Zoning District, on property located at 959 North Oak Street, Assessor's Parcel No. 002-114-69, C-l, Light Commercial Zoning District (Continued from August 16, 1995) b. Appeal of Planning Commission's Denial of Use Permit Application No. 95-27, as Filed by Timothy Kuan, to Allow the Conversion of an Existing 1,330 Square-Foot Residence in the R-3 Zoning District to an Acupuncture (Medical) Office, on Property Located at 205 West Gobbi Street, Assessor's Parcel No. 003-031-08, R-3, General Multiple Residential Zoning District. As this is a quasi-judicial hearing, Councilmembers are required to view the site prior to the City Council meeting Tabled Accepted . UNFINISHED BUSINESS a. Adoption of Resolution Approving Ukiah Valley General Plan b. Accept Engineering Study by Rau and Associates Relative to the Repair of the Percolation Pond Levies at the City ofUkiah Wastewater Treatment Facility and Authorize Staff to Proceed with the Issuance of Requests for Bids to Accomplish the Repair . Appointed Approved b. Hold to April 96 c. November 29 6-8pmd. Approved e. Authorized f. Res. 96-17 g. Refer to Annual LCCh. Conference NEW BUSINESS a. Appointment of Five Member Board of Appeals, Per Uniform Fire Code Section 2.303, to Hear Appeals of Fire Chiefs Determination of Non-Compliance Approval of Bad Debt Write Off for 1994/95 Fiscal Year Consideration of Proposals from Executive Search Firms for City Manager Recruitment Set Date for Joint Meeting with Planning Commission Set Date for Employee Recognition/Christmas Party and Approve Budget Augmentation ~ Authorize Retaining Special Counsel Regarding Potential Investment Litigation Adopt Resolution Allocating Funds to the Mendocino County Library and Approving Budget Amendment Consideration of Proposal by City of Covina Regarding Redistribution of Sales Tax 1. see 9f. 2. No action No action 10. 11. 12. CITY COUNCIL/REPORTS CITY MANAGER/DEPARTMENT HEAD REPORTS CLOSED SESSION a. As per Government Code Section 54956.9(c) - Conference with Legal Counsel Regarding Anticipated Litigation - Initiation of Litigation (Number of Cases - 2) b. As per Government Code Section 54957.6 - Conference with Labor Negotiator, Candace Horsley, City Manager, Regarding City of Ukiah Management Unit 12:00 a.m. 13. ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. MEMORANDUM TO: FROM: DATE: RE: City of Ukiah City ~~ Belin Rawlings & B~~ ~ September 20, 1995 _ _.x~ . / Background Regarding Belin Rawlings & Badal I. PRACTICE OF BELIN RAWLINGS & BADAL. A. Overview of Practic~. Attached is a copy of our most recent firm Profile. Although it was prepared nearly two years ago, and does not reference our recent successes, it does provide a general picture of the scope and breadth of our practice. As the Profile indicates, we specialize in complex commercial litigation and the resolution of complicated commercial disputes, and are highly experienced in this area of the law. Over the years, we have represented a broad base of clients, including financial institutions, real estate developers, manufacturers, distributors and service organizations. Although the cases which we have handled have been diverse, our principal work has been in the areas of securities and tax liability, breach of fiduciary duty and conflict of interest, antitrust and unfair competition, officer and director liability, and real estate (and construction defect) litigation. We have built our firm from the perspective of providing our clients with the functional equivalent of the litigation department of a major general practice law firm, but with the level of service and personal attention that is available through a smaller firm. At present, we have twelve lawyers, none of whom has less than five years of experience as a litigator. Also attached are copies of some recent articles about our firm and its successes. One of the articles relates to our representation of H. F. Ahmanson & Company in a lawsuit against Salomon Brothers. That case grew out of Ahmanson's acquisition of the Bowery Savings Bank in New York. The case involved a number of issues, including the fiduciary nature of a broker- dealer's obligations to its clients, and issues relating to financial derivatives, particularly esoteric interest rate swaps and swaptions. The second article relates to our representation of the Los Angeles County Museum of Art in litigation involving the disposition of trust funds aggregating $100 million. The third article appeared in California Law Business, and listed Daniel N. Belin, our senior partner, as one of the 20 top lawyers in Los Angeles. 29227.~ 2 As a preliminary matter, we also note that as a result of Mr. Belin's extensive experience in litigating claims of breach of fiduciary obligation, and in securities and financial derivatives litigation, Senator Bill Lockyer (President Pro- Tempore of the California Senate) appointed Mr. Belin to be a member of the Advisory Panel to the California Senate's Special Committee on Local Government Investments. This is the Committee which was convened early in 1995 to focus upon legislation which could be enacted to limit the likelihood of other situations arising which would be comparable to the Orange County losses and bankruptcy. Mr. Belin also served as counsel to the Chairman of the Advisory Panel. B. Practice With Reqard to Claims of Conflict of Interest And Breach of Fiduciary Obligation In our experience, the law as it relates to the obligations of fiduciaries can be of paramount importance to cases brought by most buyers of securities, and particularly esoteric financial derivative securities, against the broker- dealers who sold those securities, where the claim includes a charge that the securities were complex, unsuitable and inappropriate for the buyer, given the buyer's other holdings, the buyer's needs, and applicable law. 29227.1 3 Our firm has had broad experience in litigating issues of breach of fiduciary obligation and attendant damages. We have had extensive involvement in the analysis of duties of investment bankers and other parties to financial transactions. In this regard, we have developed a great deal of expertise in the area of the duties which a broker-dealer owes to its clients and to counter-parties in such transactions (i) where the broker-dealer is the advisor as well as the counter-party; (ii) where the broker-dealer is providing advice while at the same time acting as a counter-party; and (iii) where the broker-dealer has an undisclosed interest or method of increasing its profits in connection with a proposed transaction upon which it is providing advice but where full disclosure of such "hidden potential profits" may not be made. As a result of this background, we have been involved in the analysis of the pricing of financial derivatives, the potential for "front running", the review of methods by which investment banking firms "shave" extra profits from transactions, the degree to which broker-dealers work with one another in the packaging and selling of financial derivatives, and various methods by which derivatives can lead to concealment of profits or other benefits to those who are specialists in the financial derivatives markets. We also have an in-depth understanding of how those who are involved in the financial derivatives market deal with different components of their, own organizations for the 29227.1 4 purpose of pricing and hedging against risks inherent in the providing of financial derivatives. We have worked with a number of industry professionals who are able to testify about the fiduciary duties and other duties owed by broker-dealers to their clients. Set forth below (at Section D) are brief descriptions of six major cases which we have litigated with regard to fiduciary obligations in the context of securities and other financial instruments. C. Practice With Reqard To Financial Derivatives. We have broad experience in lawsuits involving financial derivatives and other financial instruments of virtually every major kind, including reverse repurchase agreements, fixed-for-variable interest rate swaps, variable-for- variable interest rate swaps, swaptions, inverse floaters, floors, caps, collars, government securities futures, Eurodollar futures and stock futures. We have dealt with financial products tied to LIBOR, and other products which have involved complex customized indices. We have dealt with financial derivatives with varying notional amounts, the largest matter involving a "package" of financial derivatives with a notional amount in excess of $3 29227.1 billion. The work which we have done with regard to financial derivatives has included in-depth analyses of how and why the financial derivatives were structured as they were, and the duties which various parties have to one another in the creation and consummation of derivatives products. In the litigation area, we have worked closely with a number of experts worldwide on the analysis of a number of different types of financial derivatives, the risks inherent in these various types of derivatives, the extent to which financial derivatives can be utilized interchangeably, the comparative risks and costs of different forms of derivatives, and the methods by which derivatives are valued in the marketplace. We also have had considerable experience in developing expert studies in the areas outlined above. Through that work, we have an understanding of how financial derivatives relate to other money market instruments. With the help of a number of highly-experienced analysts, we have developed market-leading approaches to the valuation of derivatives. We have cross- examined experts from opposing parties extensively, and have prepared experts for trial in each of these areas. Through our work, we have gained extensive experience in probing into approaches taken by firms that provide complex financial instruments, and their research departments, in the 29227.1 6 areas of modeling derivatives, analyzing derivatives with non- generic indices, the proper structuring of derivatives to meet portfolio needs, and industry standards, in providing advice with respect to derivatives investments. Do List Of Representative Cases Involving Claims of Breach Of Fiduciary Duty and Financial Instruments. The following is a description of some major cases involving complex issues of fiduciary obligations in the context of securities and other financial instruments in which we have been involved: 1. Iowa Trust Litiqation. Belin Rawlings & Badal recently was involved in prosecuting numerous lawsuits across the country for the recovery of losses sustained by scores of Iowa governmental entities which invested monies with entities controlled by Steven Wymer (who presently is serving a prison sentence for securities fraud in connection with his investment activities on behalf of cities across the country). These losses were in excess of $75 million. In those cases, Belin Rawlings & Badal (particularly Mr. Rawlings and Ms..Norlander) analyzed how Mr. Wymer utilized various forms of securities and derivatives transactions to pyramid profits and hide losses, and engaged in a securities "kiting" scheme involving reverse repurchase and other transactions. These analyses resulted in the development of 29227.1 7 successful theories with respect to the duties of banking entities, broker-dealers and other investment advisors involved in the transactions in question. Numerous actions were brought, which included: (1) consolidated interpleader actions brought by Shearson Lehman Brothers and Security Pacific National Bank in the United States District Court; (2) constructive trust actions brought by Iowa Trust against the City of La Quinta claiming Iowa Trust's interest in funds transferred by Wymer to La Quinta prior to the SEC Receivership; (3) various forfeiture actions against property of Steven Wymer; and (4) assistance in the prosecution of an action against REFCO, one of the brokerage houses through which Mr. Wymer collected monies from the local agencies. As a result of the coordinated recovery strategy and efforts implemented through these litigations, our clients succeeded in recovery of 100% of their lost principal. In addition, our clients recovered amounts toward their lost interest and attorneys fees claims. Nearly all of the other investors in Mr. Wymer's programs are still prosecuting securities actions against various broker/dealers in an effort to recover their losses. 2. H.F. Ahmanson & Company v. Salomon Brothers. This was a case resulting from Salomon Brothers having acted as financial advisor to H. F. Ahmanson & Company in its acquisition of The Bowery Savings Bank in New York. As a part of that transaction, Salomon Brothers recommended to Ahmanson that Ahmanson acquire financial derivatives, particularly interest rate swaps, from Salomon as the counter-party. It turned out after the completion of the Bowery acquisition that the financial derivatives had a value which was approximately $35 million less than Salomon represented them to have. Represented by Belin Rawlings & Badal lawyers (and particularly Messrs. Belin and Rawlings and Ms. Norlander), Ahmanson brought suit against Salomon, alleging that throughout the transaction Salomon owed Ahmanson a fiduciary obligation, and that Salomon breached that obligation by presenting financial instruments which not only were to the disinterest of Ahmanson but also resulted in substantial profit to Salomon. The case was settled on terms that the court ordered remain confidential. 3. Southern California Financial Corp v. City Investinq Co. This case was brought by subsidiaries of a conglomerate, City Investing Co., against the conglomerate, to recover $14 million which City had withdrawn from the subsidiaries for purposes of paying the subsidiaries' portion of a federal tax liability owing on a consolidated income tax return. The plaintiffs included a financial institution whose deposits were placed at risk as a result of the withdrawal. Messrs. Belin and Rawlings sued City Investing Co. on the 29227.1 9 subsidiaries' behalf, claiming that City's withdrawal was a breach of the fiduciary obligation owing from a parent corporation to its subsidiaries. The case presented the novel concept that even a parent corporation may not be free to withdraw funds from wholly owned subsidiaries to reimburse for tax liabilities incurred on behalf of the subsidiaries. The case was settled for $15 million, representing 100 cents on the dollar of the plaintiffs' claim for compensatory damages plus a $1 million payment toward punitive damages. 4. The Ahmanson Foundation v. Dorothy G. Sullivan. This and related cases arose out of an agreement for the exchange of interests in shares of common stock, entered into between The Ahmanson FOundation, on the one hand, and Dorothy G. Sullivan (one of its directors), on the other hand. The key issue in these cases was the extent to which the agreement was enforceable in light of Mrs. Sullivan's fiduciary obligation to The Ahmanson Foundation. The agreement between the Foundation and Mrs. Sullivan had been approved by the Internal Revenue Service, and was about to be consummated, when the parties were sued by the California Attorney General (acting in his capacity as the guardian of interests of beneficiaries of charitable trusts). Messrs. Belin and Rawlings thereupon were engaged to represent The Ahmanson Foundation, and continued to represent the foundation throughout 29227.1 1 0 this litigation. The State of California and the Internal Revenue Service ultimately took opposing positions with regard to the resolution of the litigation (the Internal Revenue Service taking the position that the agreement was enforceable, and the Attorney General of California supporting The Ahmanson Foundation in resisting the enforceability of the agreement). To break the impasse, Messrs. Belin and Rawlings drafted proposed federal legislation which ultimately received favorable votes by the Senate Finance Committee and the United States Senate itself. Following this legislative success, the Internal Revenue Service withdrew its opposition to the resolution of the cases. The cases thereupon were settled with The Ahmanson Foundation receiving value in excess of $100 million. 5. Howard F. Ahmanson Estate Tax Litiqation. On the death of Howard F. Ahmanson, the Federal Government claimed that, although Mr. Ahmanson did not own a controlling economic interest in various corporate entities (including H. F. Ahmanson and Company and Home Savings and Loan Association), he did maintain voting control over those entities. The government claimed that the value of this voting control was in excess of $100 million, and that the federal death taxes on the Ahmanson estate should have been increased by more than $50 million. The principal issue in the case was the degree to which Mr. Ahmanson, with 29227.1 11 voting control, owed a fiduciary obligation to other shareholders. It was the estate's position that a fiduciary obligation was owing, and that as a result, Mr. Ahmanson's voting control had no taxable value. The United States (acting on behalf of the Internal Revenue Service) took a contrary position. Mr. Belin successfully litigated these issues through the trial and appellate courts, establishing that under California law, there was no incremental value to voting control over these corporations. As a result, the estate not only paid no additional taxes, but the court awarded the estate a tax refund in the approximate amount of $15 million, which at the time was reported to be the largest amount ever awarded on a Federal Estate Tax refund claim. 6. Klaus v. Hi-Shear litigation. This involved a series of lawsuits between Frank Klaus and Hi-Shear Corporation, all relating to the ultimate control of Hi-Shear Corporation. The litigation concerned claims as to the right to vote securities, proxy solicitations (and the right to vote proxies) and other efforts on the part of Mr. Klaus to obtain control of Hi-Shear COrporation and efforts on the part of Hi-Shear's management to use their corporate position to frustrate Mr. Klaus' efforts to gain corporate control. One of the central focal points of the litigation was the fiduciary obligation owed by majority to minority shareholders. Mr. Belin was the lead trial attorney for Mr. Klaus in this litigation. After the 29227.1 12 issuance of numerous orders in Mr. Klaus' favor, the cases were settled on.a basis favorable to Frank Klaus. Apart from punitive damage claims, more than $25 million was at stake in this litigation. E. BELIN RAWLINGS & BADAL PARTNERS. The Partners at Belin Rawlings & Badal are Daniel N. Belin, D.M. Rawlings, Robert G. Badal, Lisa D. Norlander, Paul N. Sorrell and David S. Poole. Their backgrounds are as follows: Daniel N. Belin received his LL.B. degree from Harvard Law School in 1962. He did his undergraduate work at the University of Michigan, from which he graduated with distinction and was elected to Phi Beta Kappa. Since the completion of his law studies, he has practiced law in Los Angeles. He has specialized in litigation involving conflict of interest, securities, taxes, real estate and financial matters, and in class action litigation. He was voted one of Los Angeles' top twenty lawyers by California Law Business. Mr. Belin is an acknowledged civic leader and well-known for his involvement in the arts and humanities, both locally and nationally. D.M. Rawlings is a 1974 Yale Law School graduate. He was graduated magna cum laude and Phi Beta Kappa from Duke University. He has practiced law both in this country and in the ~9n7. ~ 13 United Kingdom. He has specialized in securities, corporate, real estate, and financial litigation, and is active in a wide variety of public interest, religious and non-profit activities. Robert G. Badal received his J.D. degree from Harvard Law School in 1973. He did his undergraduate work at the University of Pennsylvania from which he was graduated cum laude and was elected to Phi Beta Kappa. Prior to entering the private practice of law, he served at the Federal Trade Commission in Washington, D.C. He has specialized in complex commercial litigation, with an emphasis on antitrust and unfair competition matters. Active in local bar associations, he founded the Los Angeles County Bar's Committee on the Legal Problems of the Elderly and serves as a trustee of non-profit legal services and educational organizations. Lisa D. Norlander received her law degree from Hastings College of Law in 1984, and her undergraduate degree from the University of California at Santa Barbara. She has been in the private practice of law since completion of her law school studies, specializing in complex commercial litigation. Paul N. Sorrell received his law degree from the University of California at Los Angeles in 1986. He received his undergraduate degree from Whittier College. He has been in the 29227.1 14 private practice of law since graduating from law school, and has specialized in complex commercial litigation. David S. Poole received his law degree from the University of Southern California in 1980, and his undergraduate degree from the University of California at Los Angeles. He served as Deputy Attorney General in the California Department of Justice from 1980 until 1984. He has been in the private practice of law since that time, specializing in complex commercial litigation. 29227.~ 15 CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 September 20,1995 6:30 p.m. . . Roll Call Invocation/Pledge of Allegiance Approval/Correction of Minutes a. Regular Meeting of September'6, 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 (90) days the time within which the decision of the City Boards and Agencies may be judicially challenged. CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Approval of Report Regarding August Disbursements b. Deny Claims for Damages Received from Big 5 Sporting Goods and Linda Jensen, and Refer to Insurance Carrier, REMIF c. Award of Bid for One 750KVA Padmount Transformer to Western States Electric in the Amount of $14,746.88 d. Award of Bid for three 1996 Ford Crown Victoria Police Vehicles to Ukiah Ford in the Amount of $65,839.70 and Approve Budget Amendment of $3,850 e. Authorize the Transfer of $174,881 from the City of Ukiah's General Operating Reserve Held by the Northern California Power Agency and Authorize the Mayor as Commissioner to Execute the Letter of Direction Relative to the 3rd and 4th Partial Payments on Conversion of One Geothermal Steam Turbine to Low Pressure Adopt Resolution Establishing Candace Horsley as the City of Ukiah's Authorized Representative with the State Water Resource Control Board Authorize the Director of Public Utilities to Transfer $9,935 from the City of Ukiah's General Operating Reserve Held by the Northern California Power Agency to the Plant Operations Department of Northern California Power Agency as Payment for Services Rendered Relative to the Lake Mendocino Hydro Project and Approve the Expendittue of the Balance of the Purchase Order in the Amount of $10,065 Authorize the Transfer of $19,761 from the City of Ukiah's General Operating Reserve Held by Northern California Power Agency and Authorize the Mayor as Commissioner to Execute the Letter of Direction Relative to the Geysers Effluent Project Authorize the Director of Public Utilities to Execute a Contract for Appraisal Services with Harding Appraisal Company Inc. for Easement Appraisal on Brush Street Regarding Ukiah Unified School District Property Authorize the City Clerk to Secure Paid Advertisements for the One Vacancy on the Airport Commission Due to No Applications Received Award of Bid for Three Personal Computers for the Public Utilities Department to EXPOTECH Corporation in an Amount Not to Exceed $9,547.43 g. h. k. . . AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. 7. PUBLIC HEARING - 7:00 p.m. * a. Appeal of Planning Commission's Denial of Site Development Permit Application No. 95-28, as Filed by Harold Titen, to Allow a Three-Unit Apartment Structure in the C-1 Zoning District, on property located at 959 North Oak Street, Assessor's Parcel No. 002-114-69, C-l, Light Commercial Zoning District (Continued from August 16, 1995) * b. Appeal of Planning Commission's Denial of Use Permit Application No. 95-27, as Filed by Timothy Kuan, to Allow the Conversion of an Existing 1,330 Square-Foot Residence in the R-3 Zoning District to an Acupuncture (Medical) Office, on Property Located at 205 West Gobbi Street, Assessor's Parcel No. 003-031-08, R-3, General Multiple Residential Zoning District. * As this is a quasi-judicial hearing, Councilmembers are required to view the site prior to the City Council meeting . UNFINISHED BUSINESS a. Adoption of Resolution Approving Uldah Valley General Plan b. Accept Engineering Study by Rau and Associates Relative to the Repair of the Percolation Pond Levies at the City of Ukiah Wast.water Treatment Facility and Authorize Staff to Proceed with the Issuance of Requests for Bids to Accomplish the Repair NEW BUSINESS a. Appointment of Five Member Board of Appeals, Per Uniform Fire Code Section 2.303, to Hear Appeals of Fire Chief's Determination of Non-Compliance b. Approval of Bad Debt Write Off for 1994/95 Fiscal Year c. Consideration of Proposals from Executive Search Firms for City Manager Recruitment d. Set Date for Joint Meeting with Planning Commission e. Set Date for Employee Recognition/Christmas Party and Approve Budget Augmentation f. Authorize Retaining Special Counsel Regarding Potential Investment Litigation g. Adopt Resolution Allocating Funds to the Mendocino County Library and Approving Budget Amendment h. Consideration of Proposal by City of Covina Regarding Redistribution of Sales Tax 10. 11. 12. CITY COUNCIL/REPORTS CITY MANAGER/DEPARTMENT I~_~AD REPORTS CLOSED SESSION a. As per Government Code Section 54956.9(c) - Conference with Legal Counsel Regarding Anticipated Litigation - Initiation of Litigation (Number of Cases - 2) b. As per Government Code Section 54957.6 - Conference with Labor Negotiator, Candace Horsley, City Manager, Regarding City of Ukiah Management Unit 13. ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. ITEM NO. 3a DATE: SEPTEMBER 20, 1995 AGENDA SUMMARY REPORT SUBJECT: APPROVAL/CORRECTION OF MINUTES - REGULAR MEETING OF SEPTEMBER 6, 1995 Due to the City Clerk being out of town and staff's inability to gain access to her locked computer, the minutes of the September 6, 1995 meeting were not completed. They will be hand-delivered prior to the meeting. RECOMMENDED ACTION: SEPTEMBER 20, 1995 AFTER REVIEW, CITY COUNCIL ADOPT MINUTES OF ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: Prepared by: Candace Horsley, City Manager Attachments: 1. None. APPROVED' R:4/CM ASRMin MEMORADUM DATE: September 18, 1995 TO: Mayor Schneiter and Councilmembers FROM: Cathy McKay, City Clerk SUBJECT: Attached Minutes of September 6, 1995 meeting Attached you will find the twice proofed minutes of the last regular meeting. As further clarification to the staff memo in you agenda packet, I was out of town at a Northern California City Clerks Association meeting in Tahoe last Thursday and Friday. By Wednesday afternoon my staff reports and minutes had been proofed, corrected and finalized, I thought, for distribution. In the new agenda review editing process a few more typos were discovered on Thursday in my absence, and the minutes were not left on a floppy disk, as my other staff reports. I personally corrected the minutes this morning and they are now presented to you to include in your agenda packets for Wednesday night' s meeting. MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - September 6, 1995 DRAFT The City Council convened in a regular meeting, of which the agenda was legally noticed and posted, at 6:34 p.m. Roll was taken and the following Councilmembers were present: Mastin, Malone, Shoemaker, and Mayor Schneiter. Absent at roll call: Councilmember Wattenburger. Staff present: City Clerk McKay, Interim City Manager Horsley, City Attorney Rapport, Public Utilities Director Barnes, Finance Director Elton, Senior Planner Stump, Airport Manager Bua, Assistant to the City Manager Harris, and Public Safety Director Keplinger. Mayor Schneiter announced that Councilmember Wattenburger has been detained on a fire and will be late for this meeting. 2. Invocatlon/Ple4ge of Allegiance Councilmember Malone delivered the Invocation and Mayor Schneiter led the Pledge of Allegiance. Approval/Correction of Minutes 3a. Regular Meeting of August 16, 1995 Councilmember Malone raised questions regarding Mr. Akerstrom's concerns surrounding the traffic mitigations in the Environmental Impact Report (EIR) and requested clarification. The City Attorney explained the EIR was certified by the Council at the last meeting. Discussion ensued relative to wording in the EIR pertaining to mitigations and the Public Hearing process on August 16, 1995, and consequences of readdressing this matter at this time. M/S Shoemaker/Mastin to approve the revised draft minutes of the regular meeting of August 16, 1995, as submitted to Council the afternoon of September 6, 1995. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. Absent: Councilmember Wattenburger. - 3b. Regular Adjourned Meeting of August 23, 1995 Mayor Schneiter requested a correction to Page 1, Item 3a. title, third line, add "per dry ton" after $334.25. M/S Mastin/Shoemaker to approve the minutes of the regular adjourned meeting of August 23, 1995, with the amended wording. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. Absent: Councilmember Wattenburger. 4. RIGHT TO APPEAL DECISION Mayor Scheniter reviewed Government Code Section 1094.6 of the California Code of Civil Procedures. CONSENT CALENDAR M/S Mastin/Shoemaker to approve the Consent Calendar as follows; 5a. Denied the claims for damages received from Indus Food DBA Wendy's; Denise I. Brant; and referred them to the City's insurance carrier, REMIF. 5b. Approved the agreement for subdivision improvements with contract security and certificates of insurance, for parcel map of Minor Subdivision No. 95-06, McDonald's Development at the northwest corner of State and Empire, and authorized the Mayor to sign. Reg. Mtg. September 6, 1995 Page 1 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - September 6, 1995 The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. Absent: Councilmember Wattenburger. 6. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward. UNFINISHED BUSINESS 7a. Authorize the Mayor to Execute Participation Agreement with Uklah Valley Sanitation District The Public Utilities Director reported the current participation agreement with the Ukiah Valley Sanitation District expired on July 1, 1995. He noted the new agreement is based on the terms of the old agreement, relative to cost sharing and services provided, and has been reviewed and approved by both agency's legal counsel. He explained this. agreement was approved by the Ukiah Valley Sanitation District Board on July 20, 1995. M/S Shoemaker/Mastin to authorize the Mayor to execute the participation agreement between the City of Ukiah and the Ukiah Valley Sanitation District. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Wattenburger.. 7b. Authorize the Transfer from NCPA Operating Funds of Approximately $495,377 Representing city of Ukiah's Share of Geysers Effluent Project Relative to Geothermal Project The Public Utilities Director reported on the Geysers steam field operations in which NCPA are participants. He explained the loss of steam in the wells has resulted in reduced power generation and noted how the reinjection of treated wastewater from Lake County Sanitation District, via a 26-mile pipeline construction project will increase power generation; and therefore, revenues. He further reported on the details of this project and funding resources with 10 participants. M/S Malone/Shoemaker to authorize the transfer of $495,377 from the City of Ukiah's General Operating Reserve to fund the City's share of the Geysers Effluent Pipeline Project. Council queried staff regarding the projected kilowatt output, and water quantities needed from Clearlake. Mayor Schneiter reported on the information he has received by attending the many meetings held in Lake County regarding this project. The motion on the floor was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. Absent: Councilmember Wattenburger. 7c. Award of Bid for Scraper Operations at the Solid Waste Site to Wipf Construction and Analysis of In-house Operation Versus Contractor Services The City Engineer/Public Works Director reported only one bid was received, from Wipf Construction at the rate of $137 per hour. He reported on the research conducted by staff regarding Council's questions concerning possible in-house scraper operations. He noted he just learned that next year the current provider may not be able to provide this service. He noted this may change his recommendation if this information is correct. Reg. Mtg. September 6, 1995 Page 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - September 6, 1995 Council queried staff regarding the positives and negatives of purchasing a new scraper, or a used scraper, and the costs with respect to the projected closing date of the landfill. The City Engineer/Public Works Director suggested awarding the contract for six months to give staff time to develop a final recommendation regarding in-house scraper operations. M/S Schneiter/Shoemaker to award the bid to wipf Construction which will terminate April 30, 1996, with the provision that City staff pursue their investigations relative to the feasibility of in- house scraper operations. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Wattenburger. Mayor Schneiter requested this report be brought back to Council prior to April 30, 1996 NEW BUSINESS Sa. Appointment of Council Representative on the Clvll Service Board The City Attorney and Interim City Manager reported the civil Service Board serves to hear appeals regarding employee disciplinary and dismissal actions, which has met twice in the past four years. It was noted that Mr. Beltrami indicated by letter, his willingness to serve another term. M/S Schneiter/Shoemaker to appoint Mr. Albert Beltrami to serve another four-year term as City Council representative on the Civil Service Board. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Wattenburger. Bb. Approval of Agreement 'and Adoption of Resolution for Participation in Member Resource Power Marketing Project through NCPA The Public Utility Director reported this agreement will allow the Northern California Power Agency (NCPA) to market any excess capacity or energy for the City of Ukiah. He noted NCPA will review the members projected resource balance for the next 20 years and will develop a marketing plan for the members. He explained that based on this marketing plan, NCPA will market any excess capacity or energy to other NCPA members or to any other entities, which will assist the City in optimizing generation resources by reducing costs. M/S Shoemaker/Mastin to adopt Resolution No. 96-14 authorizing the Mayor to execute member Resource Marketing Project Agreement between the City of Ukiah and the Northern California Power Agency. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Wattenburger. 8c. Approval of Airport Land Lease Renewal with ~the Federal Aviation Administration The Airport Manager reported these agreements are for renewal of current Federal Aviation Administration (FAA) lease contracts No. DTFA08-95-L-14710 REIL and DTFA08-95-L-14711EIL, for placement of REIL runway identifier lights at north and south ends of the runway for a term of one year ending September 30, 1996. He noted automatic renewal is allowed until the year 2010. He explained these lights are commonly known as the strobe lights and are owned and maintained by the FAA, with placement allowed by lease agreements with the FAA. Reg. Mtg. September 6, 1995 Page 3 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - September 6, 1995 M/S Shoemaker/Malone to approve the agreement as submitted and authorize the Interim City Manager to sign the agreement. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Wattenburger. Councilmember Wattenburger arrived at this time - 7:26 p.m. Sd. Discussion Regarding Compensation of Interim City Manager Mayor Schneiter reported it was his recommendation to the Acting City Manager to develop a figure for compensation no less than 15%. He noted her proposal contains staffing level adjustments, vacation allowances, and a temporary salary increase, which he is in agreement with. Councilmember Shoemaker indicated he is adamant that City staff should take their vacation time and he would like the Interim City Manager to take vacation at least one week per quarter. Discussion ensued regarding vacation time schedule and staffing levels. M/S Shoemaker/Wattenburger to approve the interim compensation as requested by the Interim City Manager, as requested, plus vacation, and make it retroactive to the prior beginning pay period. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. Absent: None 8e. Discussion Regarding Annual Congress of National cities Mayor Schneiter asked if any one is interested in going to the National League of Cities Annual Conference and questioned whether the City receives $900 worth of benefit from this organization, in comparison to the dues paid. Discussion ensued regarding the newsletter and 'the conference. M/S Mastin/Wattenburger to not renew the membership dues to the National League of Cities. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. Absent: None. Councilmember Shoemaker indicated he wants to keep getting the paper, if at all possible. 9e CITY COUNCIL/REPORTS Councilmember Mastin - Reported he attended the Todd Grove Park Labor Day celebration, and the MTA meeting in Ft. Bragg. Councilmember Malone - Reported on the Sun House Guild meeting he attended, noted he will attend the League meeting tomorrow in Oakland, and noted other upcoming meetings he will be attending. He asked that the barricades be removed from Stephanson Street to the new parking lot, and stated the ska'teboarders are causing damage at that site already. Councilmember Wattenburger - Commended the new cooperation between Ukiah Ambulance and Ukiah Fire Department, which he has witnessed, and questioned the status of the Phil Baldwin letter regarding the Airport. The Interim City Manager reported it has been referred to the Airport Commission. Councilmember Shoemaker - Reported on the upcoming meeting of Reg. Mtg. September 6, 1995 Page 4 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - September 6, 1995 Mendocino Solid Waste Managemetn Authority, questioned status of league urgency request action items and the National Cities League request for support, and commended the City staff for another excellent season of concerts in the park. Mayor Schneiter - Reported on the NCPA meeting he attended and upcoming meetings he will attend, noted the City has not heard from PG&E, updated the Council as to pending legislation regarding power generation, and asked staff to draft a letter for MTA, and requested Council to determine who will want to participate as City representative to NCO, noted the big C130 fire airtanker flying out of our airport yesterday. 10. CITY MANAGER/DEPARTMENT HEAD REPORTS The Interim City Manager reported on the meetings with the City Treasurer to develop an investment policy and noted the deadline for proposals from executive search firms are due next Thursday. 11. CLOSED SESSION - None 12. ADJOURNMENT There being no further business the meeting was adjourned at 7:58 p.m. CCMIN208. Cathy McKay CMC/AAE, city Clerk Reg. Mtg. September 6, 1995 Page 5 ITEM NO. 5a DATE: SEPTEMBER 20, 1995 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS MADE DURING THE MONTH OF AUGUST 1995 Payments made during the month of August, 1995, are summarized on the attached Register of Payroll and Demand Payments. Further detail is supplied on the attached Schedules of Bills, representing the four (4) individual payment cycles within the month. This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7. RECOMMENDED ACTION: Receive attached Report of Disbursements. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Gordon Elton, Director of Finance Coordinated with: Paulette Klingbeil 463-6230 Attachments: Report of Disbursements B:I/FIN:kk ADISBURSEMENTS CITY OF UKIAH REGISTER OF PAYROLL AND DEMAND PAYMENTS DATE: AUGUST, 1995 Demand Payments approved: Check No. 72909 to 73402 inclusive. FUNDS: 100 General Fund $137,508.07 662 120 Capital Improvement 663 140 Park Development 665 141 Museum Grants 670 142 National Science Foundation $2,844.58 675 200 Asset Seizure Fund 678 220 Parking Dist. Rev. Fund $206.19 680 230 Parking Dist. #1 Rev. Fund $262.00 693 260 Downtown Business Improv. $5,415.02 695 300 Gas Tax $21,988.04 696 315 Airport Capital Improvement $17,105.27 697 320 Airport Clear Zone Fund $55,000.00 698 332 Federal Emergency Grant $2,408.00 800 400 Recreation Enterprise $1,802.02 805 405 Youth Services Ukiah $1,102.91 820 410 Conference Center Fund $10,624.13 920 550 Lake Mendocino Bond $4,620.44 910 575 Garage $34,976.44 900 600 Airport $45,294.15 940 610 Sewer Service ($937.11) 950 611 Sewer Construction Fund $221,038.22 960 612 City/District Sewer $6,241.37 962 640 San. District Revolving Fund ($1,522.20) 965 652 Redip. Sewer Enterprise Fund 966 660 Sanit. Disp. Site $32,329.71 310 JPA/LTF Fund Countywide JPA Refuse/Debris Control U.S.W. Billing & Collections Contracted Dispatch Services Public Safety Dispatch Ambulance Service Clubhouse Renovations Golf Warehouse/Stores Billing Enterprise Fund Fixed Asset Fund Electric Street Lights Water Liability Fund Worker's Comp. Fund Special Deposit Trust Payroll Posting Fund General Service Community Redev. Agency Redev. Housing Fund Redev. Capitol Imprv. Fund Redevelopment Debt Svc. Special Aviation Fund PAYROLL CHECKS NO. 60913 to 61150 TOTAL PAYROLL PERIOD 07/16/1995 to 07/29/1995 TOTAL PAYROLL CHECKS NO. 61151 to 61382 TOTAL PAYROLL PERIOD 07/30/1995 to 08/12/1995 DEMAND PAYMENTS PAYROLL DED. CHECKS PAYROLL CHECKS TOTAL PAYMENTS CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on $50,000.00 $127,790.38 $5,912.93 $1,655.00 $4,252.67 $24,839.37 $3,295.95 $544.55 $642,925.24 $18,565.42 $14,314.68 $21,912.59 $ 24,892.18 $144,936.77 $268.87 $1,510.26 $4,000.00 $189,668.24 $15,796.32 $1,895,388.67 $146,865.37 $349,960.31 $2,392,214.35 City Clerk APPROVAL OF CITY MANAGER I have examined this Register and approve same. City Manager CERTIFICATION OF DIRECTOR OF FINANCE I have audited this Register and approve same for accuracy and available funds. 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The claim from Linda Jensen was received by the City. Clerk on July 14, 1995 for an alleged eleclxical power problem which damaged a telephone answering machine on July 9, 1995. Pursuant to standard practice, this matter should be denied and referred to the City's insurance carder, RECOMMENDED ACTION: Deny Claims for Damages Received from Big 5 Sporting Goods and Linda Jensen, and Refer to City Insurance Carrier, REMIF ALTERNATIVE COUNCIL POLICY OPTIONS: Alternative action not advised by City Risk Manager. Appropriation Requested: N/A Citizen Advised: N/A Requested by: Prepared by: Cathy McKay, City Clerk Coordinated with: Candace Horsley, Interim City Manager Attachments: 1. Claim received from Big 5 2. Claim received from l.inda Te, nse, n CC:b:asr920.cla / NOTICE OF CLAIM AGAINST THE CITY OF UKIAH, CAIIFORNIA 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, ~.~t. he claimant or by a person acting on his/her behalf· ~ ...... '-~.~ ~ RETURN TO: City Clerk's Office City of Ukiah 300 Seminary Avenue Ukiah, California 95482 le · cmxm~,s ~o~.ss: ~o ~. /~,~s ~. 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): · · · · r~. o~- ~. ~cc~r~.~ o~ occum~.~c~.: 7- GENERAL DESCRIPTION OF THE ACCIDENT OR OCCURRENCE (Attach additional pages if more space is needed): N~ES, IF KNOWN, OF ANY PUBLIC EMPLOYEES CAUSING THE INJURY OR LOSS: · · NAMES AND ADDRESSES OF WITNESSES (optional): N E ADDRESS B. 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 ~ q~3 ~-F THE BASIS OF COMPUTING THE TOTAL AMOUNT CLAIMED IS AS FOLLOWS: Damages incurred to date: Expenses for medical/hospital care: Loss of earnings: Special damages for: General damages Estimated prospective damages as far as known: Future expenses for medical and hospital care: Future loss of earnings: Other prospective special damages: Prospectiv~ general damages: $ $ 9'77' . 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. SIGNATURE OF ~LAIMANT(S) Received in City Clerk's Office this 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:FORM~CLAIM Rev: 3110195 SCOTTPOLAR REFRIGERATION CORPORATION --3'-(2- .2.gs'3 IE STORE NO. NAME ADDFJESS ADDRESS WORK PERFORI BILLING ADDRESS. ACCT. NO. STALE ZIP CODE CITY STATE INVOICE NO. WORK ORDER NUMBER ~,~d'"~ (J~ (~ PAGE # t OF I DATE ..NUF^CTURER MODEL NO. ZIP CODE SERIAL NO,I % P.O. NUMBER: · M/N: S/N: OLD COMPRESSOR: ~ TRUCK '" CODE- SCOI IFOLAR ITEM ~" .RO, NO. i NUMBER DESCRIPTION (.-. q~Lo ARRIVAL TIME: SUN. ~" ~.~O SERVICE TECH JOB COMPLETE: YES NO ALARM ON: YES NO ADVISORY E~ EMERGENCY RECOMMENDATIONS: TUE. WED. THUR. FRI. SAT. HOLIDAY EACH SERVICE: CONTRACT: [--] CALL BACK: .TOTAL MATERIALS TOTAL LABOR MILEAGE FREIGHT RENTAL SUBTOTAL SALES TAX TOTAL AMOUNT DUE · EXTENSION CUSTOMER SIGNATURE: · RECOMMENDATIONS APPROVED: YES _ ISYSTEM TURNED ON A SERVICEMAN'S WORK ORDER - THIS IS NOT AN INVOICE. TO BE USED FOR BILLING ON C.O.'D. TRANSACTIONS ONLY. A FINANCE CHARGE OF 1-'/2% PER MONTH, 18% PER ANNUM, IS~HARGED ON ALL PAST DUE ACCOUNTS. JSERVICE MANAGER: iNVOICE NO. SCOTTPOLAR REFRIGERATION CORPORATION WORK ORDER NUMBER /~t~O~ ~O PAGE# ~ OF ~ SERVICE LOCATION, ..: :.':., i"i': :,~ , ..BILLING .ADDRESS':' ~-. DATE (~,,_ q_ q ~ NAME '" STORE NO. NAME "' ' ' .... ACCT. NO. M~NUFACTURER ADDRESS ~-- ADDRESS MO--DEL NO. CI~ STATE ZIP CODE CI~ STATE ZIP CODE SERIAL NO.' DA~::~ ~ME:' REPOR~D ~: ~ RQ NUMBER:~ ~RKPERFORMED: ~~~O ~ "~~~ ~O [~~~~ ~--~~ ~~ ~~ . ~ OLD COMPRESSOR: ~R~ ~ ~ M/N: ~~ ~;~ ~ ~0 ~~ S/N: ~ ~_ ~ ~ ~~ '- ' RO. NQ NUMBER : .... ' ~"' .':':'-DESC~:. ',. N ' .'.: ' , ~CH : - ;EmNSlON' S ..IMo..ITu .I IT.u.. O~ ~ SE~ICE ~CH TIME. ,ME CA ONLY TOTAL MATERIALS " IN OUT REG ~ '~ ~ - ~ D~ TOTAL ~BOR YES~ ...... ~ ~~ ~'~ ~ ~ FREIGHT NO ~ RENTAL YES ~ ~ TOTAL ADVISORY ~ EMERGENCY ~ SERVICE: ~ CONTRACT: ~ CALL BACK: ~ AMOUNT DUE RECOMMENDATIONS: ,..A - /' , //' .) /q ~. ""COMM.N A ,ONSA...OW : NO/. U ISYS " ""N" ON A SERVICEMAN'S WORK ORDER - ~IS IS NOT AN I~ICE. TO BE ~$ED FOR BILLING ON C.O:D. TRANSACTIONS ONLM SERVICE ~' A FINANCE CHARGE OF 1-'/~% PER MON~, 18% PER ANNUM, IS CHARGED ON ALL PAST DUE ACCOUNTS. MANAGER: iNVOICE NO. SCOTTPOLAR REFRIGERATION CORPORATION WORK NUMBER PAGE# & Of ~ · · , SERVICE,, ..... .,LOCATION'-.. . ' '. '' ' r ' ' ' ~: ;, ~r'';.~.' ' BILLING ADDRESS DATE ~:)-C.~- MN~ STORE NO. NAME' ACCT. NO. M~,JqUFACTURER ADDRESS t ADDRESS MODEL NG C~I~ ~TATE ZIP CODE CI~ STATE ZIP CODE SERIAL NQ ~OUBLE REPOR~D:~ DA~: ~ME::: REPOR~D BY: EO. NUMBER:~ , , ~RK PERFORMED:: - ' ~ DESCRI~ION EACH ~NS~N .. · RO NO. NUMBER , .. , ; ~ME ~ME ~REG ~ ~ .~. . ~ CA ONLY TOTAL MATERIALS SERVICE ~CH IN OUT ' . - DT D~ TOTAL ~BOR , , JOB COMPLETE: MILEAGE YES ALARM ON: t[~ SUBTOTAL YES ~~"~ SALESTAX NO ~ TOTAl_ ADVISORY ~ EMERGENCY ~ SERVICE: ~ CONTRACT: ~ CALL BACK: ~ AMOUNT DUE RECOMMENDATIONS: .~. ,'[ ~ ' CUSTOMER SIGNATURE: ." :) ~' ~i ~ ~ ' :' v ,. ,..¢ - · ~ --. ,, RECOMMENDATIONS APPROVE D: YES~ ' ~ ISYSTEM TURNED ON A SERVICEMAN'S ~RK ORDER - ~IS IS NOT AN INVOICE. TO BE USED FOR BILLING ON c.O.D. TRAN~CTIONS ONLY. I SERVICE A FINANCE CHARGE OF 1-'/~% PER MONTH, 18% PER ANNUM, IS CHARGED ON ALL PAST DUE ACCOUNTS.~ MANAGER: 08/23/95 11'07 '~707 838 2098 SCOTI'POL~R COAST ~002/002 SCOTTPOLAR - SANTA ROSA 7755 BELL RD. WINDSOR CA 95492 $co'r'FPOI,.AR I~I;~FRIGERATION CORPORATION UNITE~ MERCHANDISING P.O. BOX 92088 LOS ANGELES CA 90005 BIG 5 #153 540 EAST PERKINS ST UKIAH CA 95482 Service Ticket: i6836 Date of Service: 8/04/95 Service AdOress: 540 EAST PERKINS ST Credit Card / P.O #: JOHN SISKEN Repair Location: Big 5 #153 Carrier Model 50DD016-400 S/N D799947 Replace failed compressor mode! 06DX5376BD1400, S/N-1195MD5625 Replace liquid filter- install suction filte~ Provide labor and c~ane service TUTAL~ As per verbal quotation: Vecta Trucking incoming freight Ret urn Freight 4350.00 32.57 107.57 TRIP CHARGE SUB TOTAL TAX AMOUNT PAID AMOUNT DUE incl. 4550.14 223.30 0.00 4773.44 DUE UPON RECEIPT OF INVOICE. PLEASE PAY FROM THIS SALES INVOICE---TERMS AND CONDITIONS ON REVERSE SIDE. PLI~ASI~ liE. MIT ALL PAYMENTS TO; P.O. BOX 46 · TWIN F'.41.L$. IDAHO 83303-0048 08/22/95 11-07 '~'707 8,18 2098 SCOT'I'POL, LR COAST ~002/002 SCOTTPOLAR - SANTA ROSA 7755 BELL RD. WINDSOR CA 95492 23 $COTTPOLAR t;£FRIGERATION CORPORATION UNITE~ MERCHANDISING P.O. BOX 92088 LOS ANGELES CA BIG 5 #153 540 EAST PERKINS ST 90005 UKIAH CA 95482 TOTAL~ Service Ticket: 16836 Da~e of Service: 8/04/95 Service AdOress: 540 EAST PERKINS ST Or edit Card / P.O #: JOHN $ISKEN Repair Location: Big 5 #153 Carrier Model 50DD016-400 S/N D799947 Replace failed compressor model 06DX5376BD1400, S/N .1195MD5625 Replace liquid filte~ -install suction filter Provide labor and crane service per ver~al quotation: Vecta Trucking incoming urn Freight freight 4350.00 ~2.57 107.57 TRIP CHARGE SUB TOTAL TAX AMOUNT PAID AMOUNT DUE incl. 4550.14 223.30 0.00 4773.44 DUE UPON RECEIPT OF INVOICE. PLEASE PAY FROM THIS SALES INVOICE ---TERMS AND CONDITIONS ON REVERSE SIDE. PLEASI~ REMIT ALL PAYMENTS TO: P.O. BOX 48 · TWIN I:'ALLS, IDAHO 83303-0048 NOTICE OF CLAIM AGAINST THE CITY OF UKIAH, CAL~ORNIA This claim must be presented, as prescribed by Parts 3 and 4 of Division 3.6, of Title 1, of the ~overnment Code of the State of 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 Number/Stgeet 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): 4. ~n~. o~ ~. ncc~.~ o~ occmm~.~c~.: 7- 7 - s. ~c~. o~ ~. ~cc~.~ o~ occmm~.~c~.: 3 o/~Ji~ 6. GENERAL DESCRIPTION OF THE ACCIDENT OR OCCURRENCE (Attach additional pages if more sp~ace is needed): 7. NAMES, IF KNOWN, OF 'ANY PUBLIC EMPLOYEES CAUSING THE INJURY OR LOSS: · NAMES AND ADDRESSES OF WITNESSES (optional): NAME ADDRESS ,~ TELEPHONE B. · NAMES AND ADDRESSES OF DOCTORS/HOSPITALS WHERE TREATED: NAME B. ADDRESS TELEPHONE 10. 11. GENERAL DESCRIPTION OF THE LOSS, INJURY, OR DA~A, GE SUFFERED: TOTAL AMOUNT CLAIMED: ~ ~ 2' ~ ~ /7~~ - J ~ 12. THE BASIS OF COMPUTING THE TOTAL AMOUNT CLAIMED IS AS FOLLOWS: Damages incurred to date: Expenses for medical/hospital care: Loss of earnings: Special damages for: General damages Estimated prospective damages as far as known: Future expenses for medical and hospital care: Future loss of earnings: Other prospective special damages: 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. SIGNATURE OF Received in City Clerk's Office this /~ day of SIgNAtURE ~ NOTE: This form of claim is for your convenience only, and any other type of form may be used if desired, so long as it satisfies the requirements of the Government Code. The use of this form is not intended in any way to advise you of your legal rights or to interpret any law. If you are in doubt regarding your legal rights or the interpretation of any law, we suggest that you seek legal counseling of your choice. 3: FORM~CLAIM Rev: 3/10195 ITEM NO. 5C DATE: September 20~ 1995 AGENDA SUMMARY REPORT SUBJECT: AWARD OF BID FOR ONE 750 KVA TRANSFORMERS TO WESTERN STATES ELECTRIC, INC., FOR $14,746.88. A Request for Quotation (RFQ) for a 750 kva transformer was written. This transformer is to replace stock due to the Friedman Bros. project. The City sent sixteen (16) bids and four (4) bids were returned. The bids were opened by the City Clerk on September 12, 1995 at 2:00 p.m. Each bid was evaluated using an equipment cost of ownership formula as stated in the specifications. This formula calculates the transformer energy losses and adjusts the vendor's bid to the actual cost of the unit over its projected life. This means that although there is a lower bid, the cost of losses over the life of the transformer makes the cost of ownership higher than the $14,746.88 transformer selected. The Equipment Cost of Ownership Summary Sheet ranks the units in descending order based on the Equivalent Cost of Ownership. The evaluated low equivalent cost bidder is Western States, Inc. Bids include tax and delivery. The funds to purchase these transformers are budgeted and approved for Fiscal Year 1995/96 in Account No. 800-3646. RECOMMENDED ACTION: AWARD OF BID FOR ONE 750 KVA TRANSFORMERS TO WESTERN STATES ELECTRIC, INC., FOR $14,746.88. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject all bids and request new bids. Acct. No. (if NOT budgeted): N/A Acct. No.: 800-3646 Appropriation Requested: N/A Underground Devices Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utility Prepared by: Martin Wobig, Electrical Distribution Eng. 463-62 Coordinated with: Candace Horsley, City Manager Attachments: 1. Equivalent Cost of Ownership Sheet APPROVED: ~0 Z i Z o m m m -A (.0 0 0~ ~0~0 IT! O Z~ o o ~ ~ 0 --A 03 00~ F--0 0 oz8 .. ,ii. o o m ~XX0 °6 o + ~m II ITEM NO. 5d MEETING DATE September 20.1995 AGENDA SUMMARY REPORT SUBJECT: AWARD OF BID FOR THREE NEW FORD CROWN VICTORIA POLICE VEHICLES THROUGH UKIAH FORD, UKIAH, CALIFORNIA, AND APPROVE BUDGET AMENDMENT OF $3,850 In the 1995/96 Budget, the Police Department was authorized to buy three patrol vehicles. There is currently only one automobile manufacturer producing police vehicles, Ford Motor Corporation. The City Purchasing Department initiated a request for bids on three 1996, Ford Crown Victoria police vehicles. The Iow bid was received from Ukiah Ford, Ukiah, California. The bid for three vehicles was $21,946.57 each, for a total of $65,839.70. This bid reflects a $1,613.56 increase in total price per vehicle over last year's cost for a total increase of $4,840.67. This increase will result in an expenditure that is $3,839.70 over the approved budget of $62,000. A budget amendment must be approved. Due to the reconfiguration of the Fixed Asset Account which took place during the 1995/96 budget process, the Police Department Fixed Asset Account showed a balance of ($18,304). If these vehicles are purchased, the increased cost of these three vehicles will change the Fixed Asset Account balance to ($22,144). This price for police vehicles reflects the lowest bid for police vehicles, inclUding the Statewide CHP vehicles bid. It is also the first time in several years that a business located within the City of Ukiah has been the apparent Iow bidder for police vehicles. RECOMMENDED ACTION: Purchase three (3) Ford Crown Victoria police vehicles in the amount of $65,839.70 from the apparent Iow bidder, Ukiah Ford, and approve budget amendment of $3,850 from account 131.240.030 (Equipment Reserve Fund) to account 698.275.201 (Fixed Asset Equipment, Reserve-Police). ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Reject the bid purchase price and conduct another bid. 2. Purchase less than three vehicles. 3. Not proceed with vehicle purchase at this time. Acct. No.: N/A 131.240.030 Acct. No.: (if NOT budgeted) Appropriation Requested: N/A Citizen Advised' N/A ~, Requested by' Fred W. Keplinger, Director of Public S Prepared by: Kenneth Budrow, Police Captain Coordinated with: Candace Horsley, Acting City Manager Attachments: Bid Summary APPROVED BY/~-,~ / / 698.275.201 BIDS FOR 1996 FORD CROWN VICTORIA POLICE VEHICLES Bid opening 9-12-95 Supplier Ukiah Ford Melrose Ford Downtown Ford Ukiah, CA Oakland, CA Sacramento, CA Per Vehicle $20,463.00 $21,027.00 $21,557.00 Tax, Per Vehicle $1,483.57 $1,524.46 $1,562.88 Total, Per Vehicle $21,946.57 $22,551.46 $23,119.88 Three Vehicles $61,389.00 $63,081.00 $64,671.00 Tax, Three Vehicles $4,450.70 $4,573.37 $4,688.65 Total, Three Vehicles $65,839.70 * $67,654.37 ** $69,359.64 *** * Ukiah Ford terms: Net 14 days following deliver of vehicles. ** Melrose Ford terms: Net 30 days. *** Downtown Ford terms: Discount of $500 per unit if paid within 20 days. (Downtown Ford would still be high bidder with a total of $67,859.64 for three vehicles.) Item No. 5e Date: September 20, 1995 AGENDA SUMMARY REPORT SUBJECT: Authorize the Transfer of $174,881 from the City of Ukiah's General Operating Reserve held by the Northem Califomia Power Agency and Authorize the Mayor as Commissioner to Execute the Letter of Direction relative to the 3rd and 4th partial payments on Conversion of one Geothermal Steam Turbine Unit to Low Pressure. REPORT: The City Council in September of 1994 authorized the payment of the 1st and 2nd Partial Payment for this conversion in the amount of $138,672. The current amount requested is for the next two installments of the project costs which includes Sales Tax of $27,146. The attached schedule reflects the current paymem schedule and dates for the remaining payments. This conversion will allow operation of the Steam Turbine under low pressure conditions, which will conserve the steam field production. RECOMMENDED ACTION: Authorize the Transfer of $174,881 from the City of Ukiah's General Operating Reserve held by the Northern Califomia Power Agency and Authorize the Mayor as Commissioner to Execute the Letter of Direction relative to the 3rd and 4th partial payments on Conversion of one Geothermal Steam Turbine Unit to Low Pressure. ALTERNATIVE COUNCIL POLICY OPTIONS: Deny Authorization and Define Altemate Funding. Acct. No. (If not budgeted): Acct. No. (if budgeted) Appropriation Request: Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities//~ ~/t Prepared by: Darryl L. Barnes, Director of Public Utilities /x.y~.._._ ~~ Coordinated with: Candace Horsley, City Manager Attachment: 1) Attachmem 1 NCPA ^.u ,,cAgency Northern California Power Agency 180 Cirby Way, Roseville California 95678 MICHAEL W. McDONALD General Manager (916)781-4210 September 6, 1995 TO: FROM: SUBJ: Utility Directors Dale B. Lain, Treasurer-Controller 3rd & 4th Partial Payments on Conversion of one Geothermal Steam Turbine Unit to Low Pressure The third and fourth partial payments for the conversion of Geothermal Unit No. One to low pressure operation and the related sales tax on the converted turbine are now due. Please complete the attached Letter of Direction and return it as soon as possible. Also attached for your information is an updated copy of the cash flow for the Low Pressure Conversion. If you have any questions, please contact us at your convenience. Sincerely, Dale B. Lain Treasurer- Contro 11 er Enclosures (2) LETTER OF DIRECTION TO: Treasurer-Controller, NCPA, 180 Cirby Way, Roseville, CA 95678 FROM: City of Ukiah Member Utility SUBJ: CONVERSION OF ONE GEOTHERMAL TURBINE UNIT TO LOW PRESSURE OPERATION This letter is to notify you that we have selected the option noted below to pay our $174,881 share of the following: r i T r T * I ~ Check 1, 2, or 3, as applicable: We want to pay our share directly. Enclosed is a check in the amount shown above. We want to pay our share of the required amount from the balance we already have in the General Operating Reserve. 3. ~-] As follows: AUTHORIZED BY: Signature of (Utility Director/Commissioner/Alternate Commissioner) Printed Name DATE: d:~orms~ltrofdirXlowpres3.doc (9/8/95) ol-- cL 0.-.9. · ~>~ § .~. Item No. 5f Date: 9/20/95 AGENDA SUMMARY REPORT SUBJECT: Adopt a Resolution establishing Candace Horsley as the City of Ukiah's Authorized Representative with the State Water Resource Control Board. REPORT: All reports and payment requests to the State Water Resource Control Board must be signed by the City of Ukiah's Authorized Representative. This Authorized Representative must be established by Council Resolution. The attached Resolution will establish Candace Horsley as the City of Ukiah's Authorized Representative. RECOMMENDED ACTION: Adopt a Resolution establishing Candace Horsley as the City of Ukiah's Authorized Representative with the State Water Resource Control Board. ALTERNATIVE COUNCIL POLICY OPTIONS: Deny Request and Establish Altemate Auhtorized Representative. Acct. No. (If not budgeted): Acct. No. (if budgeted) Appropriation Request: Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities~_4./~ fl~x~fi~a~' Prepared by: Darryl L. Barnes, Director of Public Utilities Coordinated with: Candace Horsley, City Manager Attachment: 1) Resolution m, Resolution No. Resolution of the City Council of the City of Ukiah Establishing an Authorized Representative To the State Water Resource Control Board WHEREAS, the City of Ukiah is constructing an Advanced Wastewater Treatment Facility as required by the State Water Resource Control Board and; WHEREAS, the City of Ukiah is funding this construction through the State Revolving Loan Program and; WHEREAS, the City of Ukiah has need to correspond with the State Water resource Control Board relative to progress reports and requests for loan payments and; WHEREAS, the State Water Resource Control Board requires that all correspondence be submitted by a single Authorized Representative of the City of Ukiah; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Ukiah hereby authorizes and establishes that Candace Horsley will be the Authorized representative for the City of Ukiah in all transactions with the State Water Resource Control Board. PASSED AND ADOPTED this 20th day of September, 1995, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Fred Schneiter, Mayor ATTEST: Cathy McKay, City Clerk Item No. 5 a Date: September 20, 1995 AGENDA SUMMARY REPORT SUBJECT: Authorize the Director of Public Utilities to Transfer $ 9,935 from the City of Ukiah's General Operating Reserve held by the Northern Califomia Power Agency to the Plant Operations Department of Northern Califomia Power Agency as payment for Services rendered relative to the Lake Mendocino Hydro Project and Approve the Expenditure of the Balance of the Purchase Order in the Amount of $10,065. REPORT: In March, 1995 the City Council Authorized the Expenditure of $20,000 for Plant Operations Personnel from NCPA to assist the City of Ukiah to perform work required to bring both units 1 and 2 back to operational condition. Both units at the project were down due to electrical control and valve shutdown problems. The City Manager imposed a condition on the Purchase Order at the time of approval, that at the expenditure of 50% of the contract, the work would be reviewed and any additional work would require approval. To date $ 9,935 has been expended by NCPA on the Purchase Order or 49.7%. Both units were repaired and placed in service within a week of the contract approval. NCPA made additional minor repairs and developed a maintenance list and schedule for components at the plant. They have worked with our Plant Operations group to wain them in maintenance requirements and methods. They also developed a punch list of items that could be done to improve the operation and reliability of the Project. Staff would request that the remaining balance of the Purchase Order be authorized, so that these improvements can be addressed by NCPA's plant personnel. In addition, this would provide funds for emergency assistance from NCPA should it be required during the winter months, when the units are under greater operating pressures. RECOMMENDED ACTION: Authorize the Director of Public Utilities to Transfer $ 9,935 from the City of Ukiah's General Operating Reserve held by Northem Califomia Power Agency to the Plant Operations Department of the Northern California Power Agency as payment for Service rendered relative to the Lake Mendocino Hydro Project and Approve the Expenditure of the Balance of the Purchase Order in the Amount of $10,065. ALTERNATIVE COUNCIL POLICY OPTIONS: Deny Authorization of Additional Expenditures. Acct. No. (If not budgeted): Appropriation Request: Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Prepared by: Darryl L. Bames, Director of Public Utilities Coordinated with: Candace Horsley, City Manager Attachment: 1) Purchase Order 2) Invoice Acct. No. (if budgeted) ,:ILE 9297 Cli"¥' OF UKIAH {'PURCHASE UKIAtl, CALIFORNIA 95482 PI lONE (707) 463-6233 FAX (707) 462-4281 DATE No. 26928 3/29/95 I-- N.C.PeAe 18o Ctrby Way Bosevllle. CA 95678 . SUBMIT DUPLICATE INVOICES TO: PURCHASING DEPT. 1320 AIRPORT RD. PURCHASE ORDER NUMBER MUST APPEAR ON ALL INVOICES AND PACKAGES. DELIVER TO DELIVERY DATE ACCOUNT ITEM QUANTITY DESCRIPTION UNITPRICE TO~L "~o~ 0-5536-420 )f, alneenance amd unit ~et~[~ &t ~e ~~no ~~ 20e000.O0 Pl~t~ ~ phone con~rlat/m v/:~m Beck 3/20/95. .. . , APPL AX TOTAL , , No other terms and conditions will be accepted unless agreed to and signed by both parties. / (,', ..... ,~...~HASIN~E SUP~RVI~ DEPARTMENT COPY PURCHASING AGENT NORTHERN CALIFORNIA POWER AGENCY >>>MISCELLANEOUS BILL<<< VENDOR: City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Attention: Utility Director BILL NO.: BILL DATE: TERMS: 06102-085053 31-Aug-95 Due Upon Receipt REMIT TO: NORTHERN CALIFORNIA POWER AGENCY 180 Cirby Way Roseville, CA 95678 Attention: Accounts Receivable DATE DESCRIPTION AMOUNT Mendicino Hydro Project Maintenance June 1995 Labor and related costs. 9,935.00 TOTAL DUE - PLEASE PAY THIS AMOUNT $9,935.00 LATE PAYMENT PENALTY: PAYMENTS NOT MADE WITHIN 30 DAYS FOLLOWING THE DU DATE SHALL BEAR INTEREST AT THE PRIME RATE OF THE BANK OF AMERICA, NT & SA, THEN IN EFFECT COMPUTED ON A DAILY BASIS PLUS TWO PERCENT UNTIL PAID. CO. 03 G/L DR 143-22-000 CR 456-22-000 200-2-70-00 $9,935.00 $9,935.00 Item No. 5 h Date: September 20, 1995 AGENDA SUMMARY REPORT SUBJECT: Authorize the Transfer of $19,761 from the City of Ukiah's General Operating Reserve held by the Northern California Power Agency and Authorize the Mayor as Commissioner to Execute the Letter of Direction relative to the Geysers Effluent Project. REPORT: The City Council at it's Regularly Scheduled Meeting of September 6, 1995 authorized the transfer of $495,377 relative to the Geysers Effluent Project. We have since been notified, that the amount requested did not take into consideration the extended plant life that would result from the injection program. The new request for funds for the City of Ukiah's share will be $515,138. Therefore staff is requesting that an additional amount of $19,761 be transferred to cover the total amount requested. RECOMMENDED ACTION:Authorize the Transfer of $19,761 from the City of Ukiah's General Operating Reserve held by the Northern California Power Agency and Authorize the Mayor as Commissioner to Execute the Letter of Direction relative to the Geysers Effluent Project. ALTERNATIVE COUNCIL POLICY OPTIONS: Deny Authorization and Define Altemate Funding. Acct. No. (If not budgeted): Acct. No. (if budgeted) Appropriation Request: Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities ./6~/W--zwz.,~,x.~'~ Prepared by: Darryl L. Barnes, Director of Public Utilities Coordinated with: Candace Horsley, City Manager Attachment: 1) Attachment 1 NCPA ^ Public Agency Northern California Power Agency 180 Cirby Way, Roseville California 95678 MICHAEL W. McDONALD General Manager (916) 781-4210 September 5, 1995 TO: FROM: SUBJ: Utility Director Dale B. Lain, Treasurer-Controller South East Geysers Effluent Project Please complete the attached Letter of Direction and return it as soon as possible. The Letter of Direction is accompanied by an estimated Project cash flow for your use in deciding which alternative funding mechanism you wish to use. If you have any questions, please contact us at your convenience. Sincerely, Dale B. Lain Treasurer- Cont ro 11 er Enclosures (2) LETTER OF DIRECTION TO: Treasurer-Controller, NCPA, 180 Cirby Way, Roseville, CA 95678 FROM: City of Ukiah Member Utility SUBJ: SOUTH EAST GEYSERS EFFLUENT PROJECT This letter is to notify you that we have selected the option noted below to pay our $515,138 share of the following: Check 1, 2, or 3, as applicable: 1. ~ We want to pay our share directly. Bill us monthly. We want to pay our share from our account balance in the General Operating Reserve. We authorize you to make the necessary monthly withdrawals. 3. ~-~ As follows: AUTHORIZED BY: Signature of (Utility Director/Commissioner/Alternate Commissioner) Printed Name DATE: d:kformsXltro fdir\effiuent.doc (9/8/95) ~..mZ OU-O mmm 14~ ~ (w~ P'., i~.. 0 (]~ 0 (3) 0') 0 olo ~ ITEM NO. 5 i DATE: September 20, 1995 AGENDA SUMMARY REPORT SUBJECT: Authorize Public Utilities Director to enter into a contract for appraisal services with Harding Appraisal Co., Inc. As part of the Low Gap/State St. intersection project, the Electrical Department has engineered the installation of conduits and vaults to facilitate the removal of the pole line in the intersection. This work is being coordinated with the Public Works Department. In order to provide service to the existing gas station and any future development in the area, the department needs to acquire an 160 square foot easement, located on the school district property adjacent to Brush Street. The department will install an above ground switching pedestal that will assist in the operation of the circuit. Staff contacted the school district about acquiring the easement. The initial response was that the school district wanted "future consideration of street improvements by the City" in exchange for the easement. This open-ended offer was not acceptable to staff due to its unknown costs. The School District was contacted again and agreed to consider an appraised offer for the easement. Staff contacted Harding Appraisal Company for a quote for an appraisal report of the proposed easement. Harding was selected since they have completed appraisal reports for the City recently and are familiar with this particular area. Harding Appraisal has furnished a quote to provide an appraisal report for the proposed easement at a fee not to exceed $1000. When the appraisal report is completed, staff will contact the School District and negotiate a purchase of the easement. The purchase of the easement will be presented to council for approval. RECOMMENDED ACTiON:Authorize Public Utilities Director to enter into a contract for appraisal services with Harding Appraisal Co., Inc. ALTERNATIVE COUNCIL POLICY OPTIONS: Do not authorize contract for appraisal services with Harding Appraisal Co., Inc. Acct. No. (if NOT budgeted):N/A Acct. No.: 800-3646 Appropriation Requested: N/A Underground devices Citizen Advised: Requested by: Darryl L. Barnes, Director of Public Utilities ~ Prepared by: Martin Wobig, Electrical Distribution Engineer~c/~/ Coordinated with: Candace Horsley, City Manager Attachments: 1) Site drawing of easement 2) Harding Apraisal contract HARDING APPRAISAL CO., Inc. Mr. Martin Wobig Electrical Engineer City of Ukiah - Engineering Department 300 Seminary Avenue Ukiah, CA 95482-5400 BRUCE HARDING, MAI GARY FULBRIGHT, MAI 3000 Cleveland Ave., Suite 204 Santa Rosa, California 95403 Phone (707) 571-8957 September 7, 1995 Re.: Proposed Brush Street Easement Dear Mr. Wobig: This letter of engagement is meant to formalize your request for an appraisal of a proposed 160 sq.ft, easement for electrical equipment that would be located at the Brush Street frontage and within the property identified as Mendocino County APNo. 2-040-26, in the City of Ukiah. Area of the whole parcel that includes the proposed easement is about 15,000 sq.ft. It is understood that the easement will have 12 feet of Brush Street frontage, 13 feet 4 inches of depth to the north, and will have its westerly side located 30 feet eastward from the Triond property line. It is understood that the whole parcel has no structures, but does include a driveway for access to the improved property on the north (925 North State Street), and it is understood that both related parcels are within one ownership. It is understood that the appraisal is to be made of the easement's market value in relation to the whole property described; that the appraisal purpose is for decision making relative to purchase of the easement by the City of Ukiah; and that the easement would be used for installation of an electrical switching pedestal, which is to be within a space that would be partially enclosed by concrete retaining wall. It is understood that our firm will complete the appraisal on or about October 10, 1995, and that an appraisal fee not to exceed $1,000 is to be payable upon delivery of the report. We will provide three copies of the narrative report. Please sign, date, and return the enclosed copy of this letter. It is expected that you have diligently read this letter of engagement and that you will respond to this office by September 15, 1995. Respectfully submitted, Gary Fulbright Signed Date ITEM NO. 5i DATE: September 20, 1995 AGENDA SUMMARY REPORT SUBJECT: AUTHORIZE THE CITY CLERK TO ADVERTISE THE ONE VACANCY ON THE AIRPORT COMMISSION DUE TO NON-RECEIPT OF APPLICATIONS Attached for Council information are the press releases which were sent to all area media regarding the vacancies on the Cultural Arts Advisory Board (CAAB) and the one vacancy on the Airport Commission. City staff has requested the matter of filling the vacancies on the CAAB be tabled due to current discussions by the Board concerning membership and responsibilities. Possible revisions to the current ordinance will be brought to the Council after £mal consideration by CAAB. The applicant for CAAB will be notified that the appointment is being held in abeyance and his application retained until action is proposed. There were no applications received for the one vacancy on the Airport Commission, so authorization to contract for paid advertisements with the Ukiah Daily Journal is suggested. The es_timated cost for one 2-inch by 3-inch box ad is $45 for each insertion. This has not been the customary practice in the past, due to the expense, and the usual procedure is to issue press releases to all media, in addition to posting notices of the vacancies by the front doors of the Civic Center. To reduce the expense of the ad, a smaller size could be run in three Sunday papers. This matter will be brought back to Council on October 18. Funds are budgeted for such expenses. RECOMMENDED ACTION: Authorize the City Clerk to procure three Sunday newspaper ads for the one Airport Commission vacancy, and bring this mater back to Council at the October 18 meeting. Acct. No. (if budgeted) 100-1945-651 ALTERNATIVE COUNCIL POLICY OPTIONS: Direct the City Clerk to continue to issue press releases, at no cost to the city, to fill the one Vacancy on the Airport Commission. Appropriation Requested: N/A Citizen Advised: N/A Requested by: rk ~.~? Prepared by: Cathy McKay, City Cie ~-¢a~ Coordinated with: Candace Horsley, Interim City Manager Attachments: August 17 and September 11 Press Releases asr920.vac '~- [~ NEWS RELEASE 300 SEM ~AVE., UKI^H, CA 95482 · ADMIN. 707/463-6200 · POUCE 463-6242 · FIRE 463--6274 ONE AIRPORT COMMISSION AND TWO PUBLIC MEMBER CULTURAL ARTS ADVISORY BOARD VACANCIES DATE: August 17, 1995 FOR RELEASE: Immediately GOOD THROUGH: Noon September 13, 1995 SUBJECT: Three City of Ukiah Commission and Board Vacancies Contact: Cathy McKay, City Clerk 463-6217 The City of Ukiah announces there is one vacancy on the Airport Commission and two on the Cultural Arts Advisory Board. Persons interested in working with the 1996 Chatauqua Event, in which Ukiah is the sole California City to host this special performance, can apply for one of the two public member vacancies on the Cultural Arts Advisory Board (CAAB). CAAB members serve as a community link between cultural events and the needs of Ukiah area residents. Any City of Ukiah resident, (area resident for CAAB), who is interested in serving as a volunteer for a three year term on one of these advisory commissions, may apply. Applications are located at the reception counter in the administration wing of the Ukiah Civic Center, 300 Seminary Avenue, or call 463-6200 for an application to be mailed to you. The submittal deadline is September 13, 1995 at Noon. The appointments will be considered at the regular City Council meeting of September 20, 1995. Cathy M cMC/AAE,~ity Clerk c: All Area Press 300 SEMINARY AVE., UKIAH, CA 95482-5400 · ADMIN. 707/463-6200 · PUBLIC SAI:ETY 463-6242/6274 · FAX # 707/463-6204 · NEWS RELEASE ONE AIRPORT COMMISSION AND TWO PUBLIC MEMBER CULTURAL ARTS ADVISORY BOARD VACANCIES DATE: September 11, 1995 FOR RELEASE: Immediately GOOD THROUGH: Noon September 13, 1995 SUBJECT: Deadline for Three City of Ukiah Vacancy Applications Contact: Cathy McKay, City Clerk 463-6217 Commission and Board The City of Ukiah announces there is one vacancy on the Airport Commission and two public member positions on the Cultural Arts Advisory Board. Persons interested in working with the 1996 Chatauqua Event, in which Ukiah is the sole California City to host this special performance, can apply for one of the two public member vacancies on the Cultural Arts Advisory Board (CAAB). CAAB members serve as a community link between cultural events and the needs of Ukiah area residents. Any City of Ukiah resident, (area resident for CAAB), who is interested in serving as a volunteer for a three year term on one of these advisory commissions, may apply. Applications are located at the reception counter in the administration wing of the Ukiah Civic Center, 300 Seminary Avenue, or call 463-6200 for an application to be mailed to you. The submittal deadline is September 13, 1995 at Noon. The appointments will be considered at the regular City Council meeting of September 20, 1995. C: All Area Media and Press uathy McKa~;~CMC/AA~,~ity Clerk / / '%~/e Are Here To Serve" Item No. 5k Date: 9/20/95 AGENDA SUMMARY REPORT SUBJECT: Authorize the Purchase of Three Personal ComPuters for the Public Utilities Department from EXPOTECH Corporation in an amount not to Exceed $9,547.43. REPORT: The Public Utilities Departmem's addition of two Technicians has generated the requirement for two new Personal Computers with the capabilities to perform engineering CAD functions. One of these PC's will be assigned to the Water and Sewer Department and One will be assigned to the Electric Departmem. The third PC will be assigned to the Water Treatment Plant for data acquisition and report generation required by the State Heath Department. Twenty (20) requests for bids were sero to potential suppliers and nine (9) responses were received. A summary of the bids received are attached. Based on the evaluation, EXPOTECH is the lowest responsible bidder. The prices below reflect the distribution of $633.43 in taxes and shipping. This equipment will be charged as follows: Account Request Budgeted in Account 612-3505-800 $1,640.07 $2,000.00 820-3901-800 $1,640.07 $3,000.00 820-3908-800 $2,987.14 $2,500.00 800-3646-420 $3,280.15 $5,000.00 TOTAL $9,547.43 RECOMMENDED ACTION: Authorize the Purchase of Three Personal Computers for the Public Utilities Depamnem from EXPOTECH Corporation in an amount not to Exceed $9,547.43. ALTERNATIVE COUNCIL POLICY OPTIONS: Deny Approval of Expenditure. Acct. No. (If not budgeted): Acct. No. (if budgeted) Appropriation Request: See Report Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Prepared by: Darryl L. Barnes, Director of Public Utilities /.~'. Coordinated with: Candace Horsley, City Manager Attachmem: 1) Evaluation Summary APPROVED~ B~DER 1) Quantex 2) Comark 3) Gateway 4) EXPOTECH 5) Microgear 6) Microshop Option I 7) Microshop Option II 8) Dell 9) Micro Warehouse Comnuter Bid Evaluation BID RESPONSE Does Not Meet Specifications Does Not Meet Specifications Does Not Meet Specifications $8,914.00 plus Tax $22,750.00 plus Tax $10,055.00 plus Tax $ 9,818.00 plus Tax Does Not Meet Specifications $10,245.00 plus Tax AGENDA SUMMARY ITEM NO.:, 7a DATE: September 20: REPORT 1995 SUBJECT: APPEAL OF THE PLANNING COMMISSION'S DENIAL OF SITE DEVELOPMENT PERMIT APPLICATION NO. 95-28 SUMMARY: On July 26, 1995, the Planning Commission denied Site Development Permit No. 95-28, based on the determination that the establishment, (This PROJECT SUMMARY is continued on the next page.) RECOMMENDED ACTION: City Council uphold the Planning Commission's disapproval of Site Development Permit No. 95-28 and deny the appeal. Acct. No. (if not budgeted): N/A Acct. No. (if budgeted): N/A ALTERNATIVE COUNCIL POLICY OPTION: 1. Approve the appeal, based on the Findings listed in the Planning Report prepared for the Planning Commission, and subject to the Conditions of Approval listed on Page 3 of this Agenda Summary Report. Appropriation requested: N/A Citizen advised: Legal Notice posted and advertised Requested by: Tom Johnson for Hal Titen Prepared by: Dave Lohse, Associate Planner Coordinated with: Bob Sawyer, Planning Director Attachments: 1. Request for Continuance of the Appeal to City Council meeting on September 20, 1995. 2. Letter of Appeal of Planning Commission action from Tom Johnson (dated 8/2/95) 3. Letter of Opposition to the Appeal from Melissa Broaddus (dated 8/10/95) 4. Minutes of Planning Commission meeting on 7/26/95 (including Findings). 5. Planning Report prepared for Site Development Permit #95-28 (dated 7/20/95), including two letters of opposition to the project. 6. Minutes from the June 14, 1995, Planning Commission Hearing. 7. Planning Report for Site Development Permit #95-18 (dated 6/8/95). 8. Minutes from the May 24, 1995, Project Review Committee Meeting. C~'n"'da-'~e Horsley, Interirn~/City Manager PROJECT SUMMARY (continued): maintenance and operation of the additional apartment units would be detrimental to the health, safety, comfort and general welfare of persons residing or working within the neighborhood, and would be detrimental to property or improvements around the site. Specifically, the Planning Commission found that the access easement to the site is spatially restrictive and over utilized, and that the additional automobile trips generated by the project would be detrimental in turns of safety and nuisance impacts to existing residences located along its alignment. This project is the result of the applicant's efforts to obtain approval of an application (#A-2912) for a Building Permit that would allow the conversion of an existing two-unit apartment located on the site into a three-unit apartment. After a review of the application was done, it was determined by Planning Department staff that no Use Permit had been approved to allow the two existing apartments, as required for a duplex unit in the C-1 District. Staff also noted that the proposed three-unit apartment structure was a permitted use in the C-1 zone, but that all new construction and exterior modifications of the existing building would require a Site Development Permit. The applicant was notified of this requirement, and in April of this year, he submitted an application (#95-18) for a Site Development Permit. This original application proposed the same building design and location the current application. The parking lot design for this project, however, placed all six of the required parking spaces along the western property line of the project site and allowed parking spaces to be within 1.5 feet of the entrances of several of the proposed apartments. Based on this crowded, and potentially unsafe design, the Planning Department recommended denial of the project. The Planning Commission concurred and denied the project by a 5-0 vote on June 7 of this year. On June 27, 1995, Mr. Titen submitted the current application (#95-28) that requests the approval of the same apartment units as the previous project. This project, however, proposes the use of an access driveway that would enter the site from the existing access easement to the west of the site to provide ingress and egress to a parking lot on the eastern portion of the project site. This access drive would be required to be twenty feet, or more, in width, which would require that an easement to cross a portion of the site to the north is secured to ensure access to the parking area. The Planning Department recommended conditional approval of this project since it complies with the minimum requirements for site development in the C-1 Zone. The Planning Commission, however, expressed concerns with access and safety issues related to the project and denied the project with findings, as described earlier in the project summary, as well as the attached "Minutes" for the July 26, 1995, meeting of the Planning Commission. An appeal of the Planning Commission's decision was filed with the City Clerk on July 27, 1995, by Mr. Tom Johnson, on behalf of Mr. Titen (see attachments), and the project was scheduled for this meeting. On August 2, Mr. Johnson requested that the City Council continue their review and decision on this project to its regularly scheduled meeting on September 20, 1995, to allow Mr. Johnson an opportunity to attend the Page 2 meeting in support of Mr. Titen. A continuance to the September 20, 1995, City Council meeting was approved by the Council at the August 16, 1995, meeting. Planning Department staff reviewed the Planning Commission's decision to deny the project, which is based on its findings that additional traffic along the existing access easement from North Oak Street will exacerbate safety and nuisance impacts to existing residences along the easement. Based on the Commission's concerns and assessment, staff can find no compelling reason or justification to disagree with the Planning Commission's decision, and therefore, recommends that the City Council uphold the Commission's action and deny the project. CONDITIONS OF APPROVAL: Should the City Council reverse the Planning Commission's action and decide to approve the project, it is recommended that the following Conditions of Approval shall be made a permanent part of the project, shall remain in force regardless of property ownership, and shall be implemented in order for the entitlement to remain valid: 1. Standard Conditions 1-24. . The private drive used to access the parking lot area on the east side of the project site shall be twenty feet wide, or greater, and an easement to allow construction of this drive across the adjacent properties to the north shall be reviewed by the City Engineer and recorded by the Mendocino County Clerk prior to the issuance of Building Permits to allow the conversion of the existing structure into apartment units. , A Parking Plan designed to accommodate six parking spaces and preserve the existing 24-inch dbh Oak tree located on the east side of the property shall be reviewed and approved by the Director of Planning prior to the issuance of Building Permits that would allow the conversion of the existing structure into apartments. . A six-foot high fence utilizing wood, masonry or other solid materials, shall be constructed along the portion of the property's western boundary located between the proposed driveway and the adjacent property to the south. JOItNSON ^~ DEMARCHI ATTORNEYS AT LAW 525 Sou'rH MAIN STREET, SUITE B UKI^H, CA 95482 (707) 462-1907 TO T~ K~MAS F. Jo~ D~0on^~l DEMAncl, JOllN$ON ^~t~ DEMARCill A PnoFEss~oN^L ConPonAT~ON ATTORNEYS AT LAW ._ ~.~.. ~,, ,,,~,~ SCHED~.iLED F,O,,~I vi i ~,.:, .:J:;".'~-'; ........... ',~,~../~/'r...?.~--- i.,7,i!.:": ...... :...:'." OF City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 PLEASE REPLY TO: 525 Scum M^m SmEEr. STE. B UK~A~. CA 95482 (707) 462-1907 !--] 175 SOUTH HUMBOLDT STREET W~LUTS, CA 95490 (707) 459-6444 FAX: (707) 462-4942 Re: Harold Titen Site Development Permit #95-28 APPEAL Harold Titen hereby appeals the decision of the City Planning Commission on Site Development Permit #95-28 to the City Council. The referenced decision was rendered on July 26, 1995. Dated: July 27, 1995 · .. THOMAS ~F. JOHNSON Attorney for Harold Titen Robert Sawyer, Planning Director City of Ukiah 300 Seminary Ave. Ukiah, CA 95482 959-C North Oak St. Ukiah, CA 95482 (707) 462-4380 August 10, 1995 RECEIVED AUG ! ll995 OTY OF UKIAH sa e ': PLANNING DEPT. Denial of Harold Titen's Site Development Permit Application #95-28 by the Planning Con~ission was the only fair conclusion that could have been reached given the current uproar in the neighborhood concerning ongoing problems associated with access to and use of his property. The existing house has obviously been on site for many years, and the old dirt- floored garage was converted beginning about 18 months ago. Construction of the the so-called "family room" started last November and stopped in March. According to Bambi Klyse, the tenant of the converted garage, Mr. Titen intended to move his television studio from RedwoodValley into the middle structure. Even though his site use plan calls for three residential units, what is to prevent using one or more of them as business offices? The current site plans do show parking spaces on site, but Mr. Titen is still forcing use of parking on the easement area which is opposed by the current owner as well as all three people who live just south of the easement area. With no warning to anyone else in the neighborhood, including the owner of the easement area, Mr. Titen hsd white stripes delineating for parking spaces painted along the western side of the easement area at the northern end of the fence along side the house at 967 N. Oak at the end of May. Turning on a blind corner directly into the side of the parking spaces constitutes a high risk of accident. It also blocks direct access to the property just south of the easement area where I live. And it ignores pre-existing traffic patterns and conm~Dn practice regarding parking. Mr. Titen chose to implement a 1986 deed allocating temporary parking of no more than 3 consecutive days over the strenuous objections of a]_l residents in the immediate area. He also chose to ignore the stipulation of the deed that no other parking was allowed in this easement area. No one else living in the area had a copy of this deed until after the stripes appeared. The location of this deeded parking may be legal, but is unsafe, ignores existing traffic patterns, and blocks the driveway to the south of the easement area. The map showing a fire lane jogging around these spaces with a turn-around area to the south doesn't even show the location of the driveway on the southern border. By following the fire lane as provided with Mr. Titen's site use plan, it appears that large fire trucks or other emergency vehicles would have to make a sharp 45 degree turn to gain access to the existing triplex south of the easement area. While beyond the scope of the actual site development plan, it is an issue which needs to be resolved before any further traffic worsens the situation. Especially because Mr. Titen has chosen to be totally uncooperative in discussing any alternatives, I believe it would be a mistake to allow site development of 959 N. Oak with any access from N. Oak St. I would not ojbect so strenuously if Mr. Titen had been willing to consider changing the deed to reflect what pre-existing traffic patterns and parking as shown in the attached map. Even when cars are not actually parked in the southeast corner of the easement area, it is common practice for visitors to 959 to pull up to the house or garage, stop briefly, and pull out again. Because Mr. Titen also had the fence along the eastern side of the easement area pulled down and keeps claiming that the easement area adjoining his property be kept clear to allow access all along the western boundary, I believe he fully intends to use this for parking in spite of whatever is shown on the site development plan. At the very least, he seems more intent on forcing others to his will rather than working with the existing neighborhood residents in such a way that would allow expanded use of his property without infringing on the rights of others. Why should we have to put up with this situation when visitors to and from his property continue to pull right up to the eastern side of the easement area? If you visit the area during weekday business hours there is much less likelihood of encountering increased traffic and congestion. And since the tenants of the garage moved out last May, visits to the site do not reflect the magnitude of the congestion with fewer people currently living on site. Another unresolved issue relating to development of Mr. Titen's property as a three-unit residence is a difference of opinion over who has the right to use the 959 address. The triplex I live in has used 959 A, B & C since 1957 or '58, and all lease agreements, postal delivery, utility services and many legal documents have this property (lot 71) listed as such. Even the county assessor's office lists it as under 959. Mr, Titen's claim that the issue was resolved three months ago consists of his ordering the property manager to start using 949 instead. We had no prior knowledge that this address was anything other than 959 A, B & C. It was only on August 8th that I saw it recorded as 949 in the City records. If it is Mr. Titen's choice to expand the use of his property at this time, is there any reason he cannot bear the burden of changing the address designated in City records? In both Planning Con~nission meetings problems associated with foot traffic through the easement area were mentioned. While outside the scope of consider- ation of Mr. Titen's site use plan, it does have an impact on the safety of the neighborhood. The property where I live is basically a "lynch-pin" through which foot traffic from the north end of School St. and State St. have trespassed to and from Oak St. While the volume of this foot traffic has decreased considerably over the last two years, the problem persisted from two main sources. With more people living onMr. Titen's property, whether in the garage, the old airstream in the back yard or the house, trespassers to and from his property were the main source of ongoing, daily trespassing this past winter. In fact two sections of fence along our eastern property line were trampled down by tenants and visitors to and from his property which allowed even more access for other trespassers. (The second group of trespassers consists of teenage boys.) When confronted, at least four of the people, living at 959 N. Oak consistently claimed that Mr. Titen instructed them to use this yard to gain access to their back yard (after he installed locks but did not provide them wi~h keys at the existing access gates in the northern corners of his property). Mr. Titen's actions have continually shown flagrant disregard for the rights of anyone else living in this area. The only safeguard against such behavior is a solid fence along the western boundary with access only from the State St. side of his property. Any easements needed can much more easily be arranged and implemented since Mr. Titen already owns the property all the way to State St. Even though I don't like having the southwest corner of the existing structure (the garage) less than 7 feet from the northeast corner of the building I live in, as long as there were adequate safeguards to keep the noise level down and prevent trespassing, I would not object to site development of 959 N. Oak St. as a triplex provided access was from State St. If you have any questions regarding my objections to the site development plan # 95-28 for 959 N. Oak, please call me at 462-4380. Sincerely, Melissa Broaddus CC: Ukiah City Council Members Anna Ward, Seltzer Property Manager Jacob & Dolly Zachariah, owners of 967 N. Oak /I;'4- CITY OF UKIAH PLANNING REPORT AGENDA ITEM: DATE: _ DATE: July 20, 1995 TO: City of Ukiah Planning Commission FROM: City of Ukiah Planning Department SUBJECT: Site Development Permit (95-28) APPLICANT: Harold Titen PROJECT SUMMARY: Approval of the proposed Site Development Permit would allow the conversion of a 2,576 square foot residential structure with two existing living units into a three-unit apartment structure. This project is very similar to the Site Development Permit proposal (#95-18) denied by the Planning Commission on June 7, 1995, but contains variations to the proposed parking and access design originally proposed by the applicant. (A copy of the Planning Report for the previous project has been attached to this report for the benefit of recently appointed Planning Commissioners who did not hear the previous project.) The discretionary action associated with this project is quasi-judicial in nature; therefore, each decision-maker must physically and personally visit the site prior to participating in the vote to approve, disapprove or modify the proposed project. PROJECT LOCATION: The project site is located at 959 North Oak Street, which is adjacent to, and accessed by, a private easement that extends 300 feet from North Oak Street to its terminus west of the project site (Assessor Parcel No. 002-114-69). DEPARTMENT RECOMMENDATION: The Planning Department recommends APPROVAL of Site Development Permit #95-28 on the grounds that the project does now complies with parking requirements for multiple-family residential uses, as outlined in Zoning Code Section 9198(3). ENVIRONMENTAL DOCUMENTATION: The City of Ukiah as Lead Agency has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15303, Class 3(a), which exempts the construction of apartments with no more than six dwelling units. GENERAL PLAN DESIGNATION: Commercial ZONING DISTRICT: C-1 (Light Commercial) PROJECT DESCRIPTION: The proposed project consists of a Site Development Permit to allow the retention of an apartment unit that was constructed without benefit of an approved Site Development Permit or approved Building Permits. This unit, which is shown as Unit C on project site plans, consists of an 896 square foot apartment unit that would contain two bedrooms, a kitchen, a dining room, a living room and an office. On June 24, 1981, the Planning Commission approved a Use Permit application (#81-90) submitted by Mr. Titen to allow the conversion of an existing single family residence into a duplex unit. As shown on the site plan submitted with the project (attached), the conversion from a single family unit to a two-family unit was to be done by the enclosure of a carport area that attached the residence with a garage on the southern portion of the site. It appears that the enclosure of the breezeway and the conversion of the garage into a living unit were done after the approval of the Use Permit, but there is no record of a Building Permit ever being approved for either. Therefore, the approved Use Permit for this conversion has expired and is no longer applicable to the site. On September 6, 1994, Mr. Titen submitted an application (#A-2912) for a Building Permit to allow the demolition and reconstruction of a recreation room that had been constructed in the breezeway area between the former single family residence and garage. This permit was approved on October 10, 1994, and has allowed the construction of the building now beihg proposed for apartments in this application. On March 24, 1995, Mr. Titen submitted an application (#A-2979) for a Building Permit to allow the conversion of the recreation room and two living units it separated into a triplex unit. The Planning Department, after reviewing the site plan for this application determined that this conversion required approval of a Site Development Permit by the Planning Commission prior to approval of any Building Permits to allow the conversion. Mr. Titen then submitted an application for a Site Development Permit (#95-18) that requested approval of the proposed three-unit apartment. This project was basically the same project as the one proposed in this application, but the applicant proposed placing required parking on the west side of the existing structure. Additional parking spaces were to be located in the easement to the west of the project site. Planning Department staff recommended denial of this project due the crowded parking design and the proximity of the propOsed parking spaces to the existing structure. The Planning Commission concurred with staff and denied the project on June 7, 1995 (see attached minutes). The project site consists of a flat, irregular-shaped parcel with a total area of 0.28 acres. The parcel, despite its commercial zoning, has only been developed with the residential structure, which is located approximately sixteen to twenty-four feet from the western property line and two feet from the southern property line. The remaining areas of the site are not developed, and contain high grasses and mature trees, including four Oak trees measuring between 6-24 inches in diameter at breast height (dbh) and a 16-inch dbh Cedar tree. The existing residential, structure is 2,576 square feet in area and is located on the western half of the project site. It is one-story in height, although it is raised above grade by a higher foundation than normal and requires steps to enter. The building has been covered with gray lap siding, and a gray roof. Exterior modifications include the installation of doors to replace the existing garage door. Page 2 The project plans for this permit application indicate that the six full-size parking spaces required for the three apartment units would be located along the eastern property line of the project site. Ingress and egress to this lot would be from an eighteen-foot wide private driveway that enters the site at the northwest corner and extends approximately seventy feet along the northern property line before turning south to access the parking lot area. This driveway would be constructed on a portion of the parcel to the north and will require an access easement. This access and parking design differs substantially from the parking plan proposed for Site Development Permit #95-18. The western portion of the site would be fenced to accommodate private yard areas for the individual apartments. Landscaping for the project site includes the retention of many existing trees, including a Mimosa and a Black Walnut tree that would be retained in the yard areas along the western property line. Other trees to be retained include a mature Cedar tree in the center of the lot and a large, mature Oak tree in the northeast corner of the site. Proposed landscaping also includes the planting of three new trees in the eastern portion of the property, including two trees along the southern property line. Unfortunately, the proposed location of the driveway and parking area would require the removal of three Oak trees that measure between six to twenty inches in diameter at breast height (dbh). STAFF ANALYSIS: Planning Department staff reviewed the project for compliance with permitted uses and the development standards for the C-1 District listed in Zoning Code Sections 9080-9087 and determined that the project complies with all of these standards, including those for height, building site area, required yards and parking. Planning Department staff also reviewed Zoning Code standards for R-3 (General Multiple) zoning, since this is the zoning district that generally accommodates the development of apartment uses. The triplex unit complies with most of the requirements for this district, including those for building height, minimum site area and required front and rear yards. The existing structure is located in the side yard setback area on the southern portion of the site, but it has been determined in previous discretionary reviews that this structure is a legal, nonconforming use. Staff also reviewed the landscape plan for the site and determined that it does conflict with the proposed driveway/parking lot design. As described above, the construction of the access driveway and the parking area will require the removal of three Oak trees. The loss of two of these trees cannot be avoided if access to the site is permitted from the east since the location of the existing structure excludes any other access on the western portion of the lot. The third Oak, however, is located where proposed Parking Space #4 would be installed, and could be preserved if proposed Parking Spaces 4-6 were shifted to the south. Project site plans indicate that these spaces are approximately eighteen feet from the southern parcel line, which should allow a shift sufficient to permit retention of this tree. Staff recommends,therefore, that the parking lot design be modified so that no parking spaces are located within six feet of the trunk for any tree retained on the site. Page 3 ._ In addition, Zoning Code standards for driveways serving three spaces or more require that the driveway be a minimum width of twenty feet. Portions of the proposed driveway are only eighteen feet wide and do not comply with this requirement. Staff has recommended Special Condition No. 2 to ensure that the proposed driveway is constructed to required widths prior to approval of building permits for the apartment units. Staff also reviewed the use of the existing easement to serve the project site since this easement also serves a number'of other private residential units. Staff calculated that the approval of this project would increase the use of this easement by approximately twenty vehicle trips ends (vte) per day. This number is a substantial increase to the traffic in the immediate area, but it does not, in the opinion of staff, generate significant congestion or safety problems to other users of the private road. In addition, the proposed parking lot design locates parking for the apartment units on the project site, and not on the easement itself. CONCLUSIONS: It is the conclusion of the Planning Department that the project meets or exceeds all of the applicable Zoning Code requirements for the C-1 Zone and the R-3 Zone. Staff further concludes that landscaping on the site is sufficient, particularly if the parking lot design is modified to allow the preservation of the 24-inch dbh Oak tree located on the eastern portion of the site. FINDINGS: The Planning Department's recommendation for the approval of this project is based, in part, on the following findings: · The project conforms to all use and development standards established in the Municipal Code for the C-1 and the R-3 Zones for building heights, minimum lot size and width, setbacks and parking; . The project generates no significant adverse impacts, pursuant to the California Environmental Quality Act, which, in fact, exempts such projects according to Categorical Exemption Class 3, Section 15303; and e The establishment, maintenance, or operation of the proposed addition will not be detrimental to the health, safety, comfort or general welfare of persons residing or working within the neighborhood, or be detrimental to property or improvements around the site, or be harmful to the general welfare of the City, because it is a commercially zoned area surrounded by similar residential uses and vacant lots. CONDITIONS OF APPROVAL: The following Conditions of Approval shall be made a permanent part of the project, shall remain in force regardless of property ownership, and shall be implemented in order for the entitlement to remain valid: 1. Standard Condition 1-24. Page 4 -_ . The private drive shall be a minimum of twenty feet in width and an easement to allow construction across the adjacent property to the north shall be reviewed by the City Engineer and recorded with the County Clerk prior to the issuance of Building Permits for the apartment units. . A Parking Plan designed to accommodate six parking spaces and preserve the existing 24-inch dbh Oak tree located on the east side of the project site shall be reviewed and approved by the Director of Planning. ATTACHMENTS: le 2. 3. 4, 5. Location Map. Site Plan/Landscape Plan (reduced). Building Elevations and Floor Plan(reduced). Minutes from the May 24, 1995, Project Review Committee meeting. Planning Report for Site Development Permit #95-18 (Titen) ACKNOWLEDGEMENTS: The following personnel, respectively, have prepared and reviewed this Planning Report: ' Dave Lohse, Associate Planner Robe g DireCtor Page 5 LOCATION MAP FOR Site Development Permit #95-28: Titen 959 North Oak Street (Assessor Parcel No. 00-114-69) 5oo 1000 15oo 2ooo 25oo Feet ..o · o · o · lO!&9 North Oak ~t. July 22, 1995 Mr. Robert Sawyer Plannin~ Director 30~ Seminary Ave. Ukiah, Ca. Dear Mr. Sawyer: Re~ardtn~ Aoolics. tttn ~ 95-28. This aoplication should be denied again. While the location i~ zoned C-l, the a2ce,s is through area zoned R-1. Sincerel~ CI1Y OF UKIAtl PLANNING DEPT. July 23, ~995 RE: Site Development Permit Application No. 95 - 28 To Whom It Nay Concern, This letter is to express my concerns over the proposed application to allow a 3-unit apartment structure in the C-1 zoning district on property at 959 North Oak Street. ~y property is located at. 987"A,' North Oak Street. ~ concern is that there is already fcur houses along the easement, plus a duplex, and a house structure. I feel that the 3-unit apartment will add tremendously to the noise and traffic level in that'small area. I also understand that Nr. Titan plans to mova his office into one of the units, which will increase the number of cars parked in the area and the number of people going in and out. In the past I have made complaints about the lack of care of this property and the city has not responded. Over the years I have watched the junk cars arrive and be left to rust out my back window, the berry bushes encroach upon my property and fences, and seen it become a communal living spot where people live out back in trailers with no proper facilities. At the present time there is someone living out back in a small trailer. over the years Mr. Titan has applied for and received approval from the city for various changes to the property and has not followed through with any of them. I believe the application should be denied because of the increase in noise and traffic levels and the very real possibility that one of the units will be used as an office. Sincerely, Teri L. Fogarty AYES: NOES: ABSENT: ABSTAIN: Commissioners Pruden, Randolph, and Chairman Menton. Commissioners Ashiku and Smith. None. None. Site Development Permit Application No. 95-16, as filed by Harold Titen, to allow a three-unit apartment structure in the C-1 Zoninq District, on property located at 959 North Oak Street, Assessor's Parcel No. 002-114-69, and located in the C-1, Light Commercial Zonin.q District. Associate Planner Dave Lohse advised that the proposed project would allow the conversion of a 2,578 square foot residential structure with two existing living units into a three-unit apartment structure. .o The project site is located at 959 North Oak Street, which is adjacent to, and accessed by, a private easement that extends 300 feet from North Oak Street to its terminus west of the project site. Approval of the Site Development Permit would allow the retention of an apartment unit that was constructed without benefit of an approved Site Development Permit or approved Building Permit. The unit shown as Unit C on the site plans consists of an 896 square foot apartment unit that would dontain two bedrooms, a kitchen, dining room, and an office. He explained that on June 24, 1981, the Planning Commission approved Use Permit No. 81-90, which was submitted by Harold Titen, who is the present owner of the property, to allow the conversion of an existing single family residence into a duplex unit. This conversion was to be accomplished by the enclosure of a carport area that attached the residence with a garage on the southern portion of the site. It appears that the enclosure of the breezeway and the conversion of the garage into a living unit were done after the approval of the Use Permit, but there is no record of a Building Permit ever being approved for either. Therefore, the approved Use Permit for this conversion has expired and is no longer applicable to the site. He advised that on September 6, 1994, Mr. Titen submitted Application No. A-2912 for a Building Permit to allow the demolition and reconstruction of a recreation room that had been constructed in the breezeway area between the former single family residence and garage. This permit was approved on October 10, 1994, and has allowed the construction of the building now being proposed for apartments in this application. On March 24, 1995, Mr. Titen submitted Application No. A-2979 for a building Permit to allow the conversion of the recreation room and two living units it separated into a triplex unit. The Planning Department, after reviewing the site plan for this application determined that this conversion required approval of a Site Development Permit by the Planning Commission prior to approval of any building Permits to allow the conversion. MINUTES OF THE PLANNING COMMISSION MEETING PAGE 11 JUNE 14, 1995 He explained that the project site consists of a flat, irregular-shaped parcel with a total area of 0.28 acres. The parcel, despite its commercial zoning, has only been developed with the residential structure, which is located approximately 16 to 24 feet from the westem property line and two feet from the southern property line. Planning staff reviewed the project for compliance with pe~rmitted uses and the development standards for the C-1 District listed in the Zoning Code and determined that the project complies with all of these standards, including those for height and required yards. Staff also reviewed Zoning Code standards for R-3 zoning since this is the zoning district that generally accommodates the development of apartment uses. The triplex unit complies with most of the requirements for this district, however, the existing structure is located in the side yard setback area on the southern portion of the site. it was determined by previous discretional reviews that this structure is a legal, nonconforming use. At the time Plan. ning staff completed the report for the proposed triplex, it did not comply with parking requirements for multiple-family dwellings, as outlined in the Zoning Code. On June 13, 1995, the applicant submitted a revised parking plan, which was distributed to the Commission at the meeting. He explained that the project will be required to provide six (6) parking spaces since three two-bedroom units are proposed, and each two-bedroom unit wbuld require two parl~ing spaces. At the time of staff prepared their report, Mr. Titen had showed two required parking spaces located on the easement west of the site, which would not comply with Code requirements for on-site parking. The project technically complies with the parking requirements, however, staff is concerned with the location of two parking spaces on the western edge of the property restricting access to the proposed residential units. He noted that the area is raised approximately 1~ feet in grade and leaves approximately 1~ feet between the parking area and the entrance of the building. It was staff's opinion that the proposed parking plan could also contribute to congestion in the easement area,' which has an average width of approximately 50 feet. Fire Marshall Roger Sprehn has indicated to the Planning Department and the applicant that emergency vehicles could serve the site with an access of this width, although the Fire Department prefers that there be a paved area with a radius of 35 feet for emergency vehicles to turn around in. In this case, Fire Marshal Sprehn indicated that the entire access lane, with the exception of the areas shown as parking spaces, be reserved for use as a fire lane and marked appropriately. Based on staff's review of the project, they felt the project meets or exceeds all of the applicable Zoning Code requirements for the C-1 Zone and the R-3 Zone, except for the provision of on-site parking required by Zoning Code Section 9198(3). Commissioner Randolph referred to Page 2 of the staff report and requested clarification concerning the matter of the Use Permit expiring because of the lack of a MINUTES OF THE PLANNING COMMISSION MEETING PAGE 12 JUNE 14, 1995 Building Permit ever being approved. Mr. Lohse explained that once a Use Permit is approved by the Planning Commission, City Council, or Zoning Administrator, it will expire unless acted upon within a one year period. He noted that the interim time between the first approval of the project and the submittal of the first Building Permit, approximately 13 years had:elapsed. It is unknown at what time the breezeway on other areas were enclosed. Commissioner Randolph inquired that, if the Use Permit was not acted upon within the prescribed time frame, if the Commission also be considering a Use Permit for this case. He also inquired if staff considered the adjoining land uses, specifically commercial adjacent uses along State Street and single family residential uses along North Oak Street to the west of the project site. He discussed required setbacks and parking within the easement. Mr. Lohse explained that a Use Permit is required in a C-1 Zoning District for a single or two family living unit. Apartments, triplexes, or townhouses are permitted in the C-1 Zoning District with the approval of a Site Development Permit. He explained that the only protection the Code offers with regard to residential uses is that the parcels zoned C-1 would be required to have the same setback as the parcel which it abuts. He advised that the four parking spaces were painted this week and have not been authorized or sanctioned by any City department. The Fire Marshal visited the site, reviewed those parking spaces, and noted that they are in the approximate location he had indicated to Mr. Titen. He noted that there are two problems with parking spaces being located within that easement: 1) The Code specifically requires that parking for residential uses be on-site; and 2) The use of off-site parking, in this case, would place those spaces in the easement and establishes the use of parking as a temporary use. The easement established in this agreement could be dissolved between the two parties at any time and the City would have no control over it, unless it was specifically conditioned that there be an easement that required parking in perpetuity. Commissioner Ashiku inquired if staff had discussed with the applicant the possibility of applying for a Variance regarding the Zoning Code requirements. Mr. Lohse did not r~call discussing the allowance of a Variance for parking with the applicant. He felt that staff would have difficulty recommending Findings for approval of such a Variance. Commissioner Ashiku discussed the potential for additional parking on the eastern portion of the property and inquired as to the applicant's response to revise their parking configuration. He inquired if the project were approved, would a fire hydrant be required to be located closer to the triplex. MINUTES OF THE PLANNING COMMISSION MEETING PAGE 13 JUNE 14, 1995 Mr. Lohse explained that he discussed site design with the applicant at the Project Review Committee meeting and the issue of parking on the eastern portion of the site was not addressed at that time and that Mr. Titen has not discussed parking on the eastern portion of the site with him. The applicant has preferred parking on the western portion of the site. He noted that the Fire Department has recommended a fire hydrant be located closer to the site if a triplex unit is approved and Plahning staff concurs with the Fire Department's recommendation. Commissioner Pruden inquired about the location of garbage and recycling services. Chairman Menton discussed the lack'of clearance between parked cars and the wall of the structure which is not a one-hour fire wall, noting the danger involved if there were a fire or emergency at the residential unit. He explained that the Uniform Building Code (UBC) requires that there be a clear space in the landing outdoors although it does not exist on the project site plan. He discussed the six required parking spaces on-site and inquired as to the requirements for off-site parking spaces. · Mr. Lohse advised that the Zoning Code does not have any setbacks for parking but allows parking spaces to be located in allowed setback areas. This project technically meets those specifications, but subjectively, staff feels it is a'very poor design. He discussed the turn around area on the site plan with Fire Marshal Roger Sprehn and he said that it would not work for all of their emergency vehicles, noting that their vehicles would need to do a forward and reverse type of turn around, not a smooth circular turn around that they normally prefer. He noted that there are no requirements for off-site parking. Discussion followed concerning the applicant's proposed parking configuration. The easement and private road through the property was also discussed. Commissioner Ashiku referred to the four parking spaces on the site-plan and noted that they should be deleted from the plan if it they are to be considered as off-site parking. He explained that the Planning Commission cannot approve off-site parking without a Variance application by the applicant. He expressed concern that the four parking spaces were not entered into the record on the map which the Commission reviewed that includes four off site parking spaces. Mr. Sawyer concurred with Commissioner Ashiku's observation concerning the off-site parking spaces. Mr. Lohse explained that the applicant's parking map is misrepresentative concerning the location of the easement. It was intended to show where the applicant wanted to initially have some parking spaces and that there is room in the easement for some turn around area. MINUTES OF THE PLANNING COMMISSION MEETING PAGE 14 JUNE 14, 1995 Commissioner Ashiku requested that the map reflect what staff is presenting for the applicant and that there not be any confusion in the future. Commissioner Randolph inquired about the zoning of the existing triplex unit to the south of the applicant's site and if it is also owned by the applicant. He also inquired if staff has estimated the. daily traffic trips for the proposed site if it were converted to a triplex unit. .. ' ~ Mr. Lohse advised that the property to the south is in a R-l, Single Family Residential zoning district. Using the standard traffic generation, he estimated approximately six daily trips for each unit, based upon standard urban generation rates. Commissioner Ashiku discussed the northem border of the property which is designated as a lawn area, and is located directly in front of the two additional northern parking spaces. He inquired as to the width of the area and the possibility of extending the driveway around the northern border so that there would be access to the back for additional parking. Mr. Lohse explained that the maximum width in that area is 14 feet. Traditionally, a private access road would require a width of 20 feet. ° PUBLIC COMMENT PERIOD OPENED: 8:08 P.M. Jacob Zachariah, 281 Uva Place, Redwood Valley, advised that he owns the adjacent property located at 967 North Oak Street, and expressed his concerns for the parking arrangement. He advised that he purchased his property recently and has three small children. He explained that his concern is with the parking lines which were recently stripped and noted that he spoke to Mr. Titen about the matter. Mr. Titen advised him that he can do whatever he wants on his property. The stripes are a couple meters away from his fence and he noted how the fence could easily be knocked down by cars parking close to it. He expressed concern for the safety of his children playing on his property in that area. He also expressed concern with the possibility of a fire in the back of his property. He noted that there is approximately 15 feet of trench in the back of his property and that if there were a fire on the northern side of his property, he would not be able to exit his property due to the cars from the adjacent property parked next door. Concerning traffic, he felt it is extremely difficult for a truck to turn around in that area in one swing, noting the difficulty a fire vehicle would have. Xochilt Aldape, resident at 947 North Oak Street, advised that her home is the first home located in the driveway of the complex. Concern was expressed for fire safety and the safety of small children in the area. It was her observation that the traffic would increase going to the proposed triplex area. MINUTES OF THE PLANNING COMMISSION MEETING PAGE 15 JUNE 14, 1995 Commissioner Pruden inquired as to the location of recycling and garbage service pick · up in the area of the proposed project. Xochilt Aldape advised that her garbage pick up area is located on North Oak Street. it was noted by a member of the audience that the garbage an;d recycling trucks enter the triplex site for pick up.' Charlie Ruelle, resident of 980'North Oak Street, advised that he lives directly west of the proposed project, having lived at this location since 1958. He advised that he knew Frances Lawrence who originally built the house and built the triplex. He explained that the property was down zoned from R-2 for a developer by the name of Don Jenkins, noting that the neighborhood did not approve of a 36 unit apartment complex he proposed to build. He explained that the Planning Commission and previous Planning Director Mike Harris had promised him at that time, 1970's, that the area would remain an R-1 zone and that there would never be any more apartments built in that area. He noted that Affordable Hordes had also tried to build a duplex with the last unit but was refused by the City. He noted that the utilities had been set up to accommodate single family housing units in the area. He felt that if a triplex were allowed, people would park in front of his house and along Oak Street and it would create additional congestion in the area. He explained that he owns apartments in the City, and was required to have a 24 foot driveway, 35 foot turn around, a fire hydrant, and special provisions for parking of tenants and guests. He preferred Mr. Titen use his property on State Street in which to exit the proposed Oak Street site rather than burden the Oak Street neighborhood with additional traffic. Melissa Broaddus, 959-C North Oak Street, advised that she has lived in the triplex immediately south of the easement area in question for about 2Y2 years. She explained that garbage and recycling picks up in front of their unit, which is located at the southern end of the easement area. The problem with the recent parking stripes appearing which would allow more units to be built on Mr. Titen's property, is that the stripes are directly in the driveway which leads to the triplex in the back. She advised that a 1986 deed exists which specifies that those parking spaces, which have never been used as parking, is a driveway. They have used parking in the easement area over the past few years near the east side of the fence which adjoins Mr. Titen's property and the converted garage. She expressed concern with the corner of the garage being located close to the corner of the triplex and there is a lot of problems with noise and congestion of having the buildings so close together. She did not want to see additional buildings on the site which would be located so close to the triplex. She explained that they park behind the Jacob Zachariah's properly, which is located behind 967 North Oak Street, and they have three parking spaces. According to the 1986 deed, two of the parking places in the easement area are to b'e used by tenants of 959 A, B, and C North Oak Street, although they have not been able to use them. Their guests usually park in the southeast corner MINUTES OF THE PLANNING COMMISSION MEETING PAGE 16 JUNE 14, 1995 of the easement area until about 6-8 months ago when it became a problem with the construction on the site and the tenants living in the garage. She noted that a walkway is located along the southeast comer of the fence. The driveway is located on the other side of the fence. They park parallel to the southern fence, facing Mr. Titen's property, and make sure that the walk~ay is not blocked. Floyd Knox, 959-B North Oak Street, opposed the proposed project because it would add to the congestion of those living along that lane. John Chan, 2311 South Dora Street and owner of a house located at 937 North Oak Street, which is south of the proposed project. He expressed his concern with foot traffic, who travel to Mr. Titen's property, that scale the retaining wall between the houses and Orr Creek. Mike Correll, 9.57 North Oak Street, residing at this location for approximately seven years, agreed with most issues addressed by the neighborhood. He expressed his concem with the proposed project, if approved, becoming a liability to the City of Ukiah and possibly involving in a law suit due to the physical conditions and circumstances which exist on the property. He noted that the back area is r~latively private and'that both he and his wife have noticed, over the years, that on occasion people take care of clandestine activity in this area. He explained that the police have been to that location on numerous occasions. Harold Titen, applicant and owner of the property located at 959 North Oak Street, residing at 1740 Oak Grove Drive, Redwood Valley, explained that when he bought the property in 1980 from Mr. Jenkins it consisted of owning a swimming pool area which was going to be installed in the area of where Mr. Zachariah's house is currently located. He explained that his property is Track I, Parcel 2 and that Parcel 1 is Mr. Jenkins' property. At the time of the sale, both he and Mr. Stanholtz received an easement for the driveway into the property and the swimming pool. in 1986 he purchased the property and built the existing three units. In order to build the three units, he needed to obtain that property back from Mr. Stanholtz. Mr. Stanholtz agreed to deed back the property to him in exchange for the parking that is part of the front, portion of his property. He explained that the first two parking spaces are his and the second two parking spaces belong to Mr. Stanholtz. The easement, quit claim deeds, and grants were filed and recorded in 1986. He explained that his property is 959 North Oak Street and the triplex is 949 North Oak and those residents have been using 959 North Oak Street incorrectly for many years. He noted that issue was settled about three months ago, when they were advised to change the street number on their building. He discussed the issue of people coming up from the back of the property and traveling near the triplex. He felt this situation has existed since 1970 when the high school was built on Low Gap Roa. d and that residences MINUTES OF THE PLANNING COMMISSION MEETING PAGE 17 JUNE 14, 1995 have been unsuccessful in deterring those who travel that route. He explained that when he was told by staff that they could not accept two parking spaces off-site, he then submitted a parking plan which showed six parking spaces on- site. He discussed the parking plan, noting an area which is 17 feet long and 10Y~, feet wide in the northeast corner of the property that would mak~ a nice parking area. However, he has been advised that it would need to be considered for compact parking spaces because it is not 19 feet in length as required for a standard parking space. It was his intention to have more green areas in front of the apartments, rather than a lot of parking. He discussed changing the parking configuration and obtaining a Variance to meet the parking standards. He discussed the turn around requirement proposed by Fire Marshal Roger Sprehn and noted that his original plan was approved by the Fire Marshal in 1970. Commissioner Ashiku inquired as to the price range for rent of Mr. Titen's proposed units. He also inquired if Mr. Titen would be willing to install a fire hydrant closer to serve the units and discussed an alternative access route from State Street. Mr. Titen anticipated the rent to be $650-$700 per month. He explained that the Fire Marshal has required that he install a fire hydrant on Oak Street. He expressed his concern with an access route from State Street because there would be no guarantee that he will continue to own the property fronting State Street and was unsure of the effects on the property value of the. State Street property should an access route be granted. He would be open to that alternative if it could be shown how it could work without reducing the value of his property. CommiSsioner Randolph inquired if Mr. Titen could have a 25 foot easement from State Street to the proposed site for the triplex, thereby making the parcel front towards State Street, with access away from the existing residents on Oak Street. He suggested another option of reducing the density of the current proposal so that it fits better on the site with the existing access and is more compatible with the existing neighborhood. Mr. Titen advised that he has not considered the option of reducing the density. If it would not cost him a lot of money and he didn't loose value on his property, he would be open to that consideration. He felt that with that option, he would be required to pave approximately 500 feet of driveway, which would be expensive. He expressed his concern that by reducing his project proposal and providing access to State Street, it would not solve the problems of the neighborhood. He noted that a triplex would still exist, as well as the four parking spaces. Chairman Menton inquired as to the construction status for the remodeling of the family room. MINUTES OF THE PLANNING COMMISSION MEETING PAGE 18 JUNE 14, 1995 Mr. Titen advised that in order to accomplish his proposal, all three units Would need to be remodeled in order to conform to the Building Code. He discussed the interiors of the units and noted that the family room area is an extension of unit 'A". He explained that he had one unit and then the people who were renting the unit brought in someone else, and he allowed them to fix up the garage and live there. This turned into an extensive remodelling and then he installed the other unit. He advised that all remodelling would be interior in nature, with 'no exterior remodelling proposed. The three units would be made by dividing the units internally. Sam Todd, architect for the application, residing at 7901 Potter Valley Road, Ukiah, discussed his drawing of the property showing how eight parking spaces could be accomplished. He submitted a revised proposal to the Commission for their review. Mr. Lohse advised that staff has not had an opportunity to review Mr. Todd's revised parking proposal. · Chairman Menton noted that he was unsure how fair it would be for the Commission to discuss the parking proposal submitted by Mr. Todd without staff or the audience having an opportunity to review it. He inquired of Mr. Todd as to how proposed parking space #7 work. ' Mr. Todd explained that parking space #6 and #7 would need to be assigned to the same unit and would work the same as a 20 foot apron in front of a garage for a single family residence. Mike Correll, 957 North Oak Street, explained that the proposed project centers on a density issue in trade with a safety issue. He expressed his concem with congestion on the property site and noted a zoning issue of mixing uses. He questioned whether the triplex site could be developed into offices in the future, given the existing commercial zoning classification, which may result in additional traffic to the area. Jacob Zachariah, 967 North Oak Street, explained that he was not aware of Mr. Titen's easement on the western side of the property, which was noted earlier in the meeting. He explained that at the time he purchased his property, he tried to obtain information about an easement on the property but was unsuccessful. He felt that Mr. Titen had given up the parking rights in the easement since he had abandoned the use of the easement until he striped those spaces on 6/8/95. Mr. Sawyer advised that with regard to parking space #7 in the recently submitted plan, tandem parking is allowed by the Code with the approval of the Director of Planning. In this case it would be to the Planning Commission's discretion because it is included with the larger proposed project. Compact parking space #8 would be disallowed by the Code because it only allows compact spaces to 30% of the total amount if there are 10 or more MINUTES OF THE PLANNING COMMISSION MEETING PAGE 19 JUNE 14, 1995 spaces. PUBLIC COMMENT PERIOD CLOSED: 8:53 P.M. Commissioner Randolph felt the project conflicts with the way the zoning boundary is currently set up. He expressed his concern with the density of the proposed project and he shared the neighborhood concerns expressed at this meeting. He was unclear as to who has the legal rights to the easement and expressed difficulty understanding the implications of the easement as noted on the site plan. He was also unclear as to what type of structure currently exists on the site, but preferred that the structure be a single family dwelling or a duplex. Mr. Lohse advised that, although he has not been inside the building, the City's Code Enforcement Officer advised that there appears to be two units on the site. He explained that the Use Permit which allowed the duplex use expired because the Building Permits were never issued or completed. If the Commission did not approve the triplex proposal, the structure will have to remain, a single family dwelling as a legal nonconforming use. The reasoning being that the Code does not allow a single family residence, duplex, or mobile homes in the C-1 Zoning District unless it is by virtue of a legal nonconforming use. Commissioner Ashiku expressed his concern with the lack of adequate information, even though several parking plans have been submitted. He approved of the concept of infill and increasing the housing stock in the community. However, he could not support the proposed project, as currently submitted. He discussed the four additional parking spaces which may be deeded, noting that it should be made clear to the property owner, if the project were to be approved, that utilizing those parking spaces without the benefit of a Variance would be a violation. He expressed his concern with the density of the project, the abundance of vegetation on site, and the potential for fire. He recommended that the applicant explore access from the State Street side of his property. Commissioner Pruden shared Commissioner Randolph and Ashiku's concerns with density issues. She was impressed with the concerned neighborhood voicing their opinions concerning the project at the meeting, which appeared to be in opposition to the project. It was her opinion that the applicant, who does not live on site, will not have to share the impact of the project on the neighborhood. She noted the lack of owner responsibility with the properly. Commissioner Smith shared the Commission's concerns and noted the lack of information which does not allow a view of the "big picture". He felt the neighborhood has expressed valid concerns and appreciated the neighborhood voicing their opinion at the meeting. MINUTES OF THE PLANNING COMMISSION MEETING PAGE 20 JUNE 14, 1995 Chairman Menton noted the strong concerns expressed at the meeting with regard to density, congestion, safety, and that the proposed use for the property is probably not the highest and best use of the property, noting that the property may be adapted to another use in the future. He did not oppose the concept of a triplex unit, however, he felt it would be too close to the other residents in the area. He felt that the property owner has a sizeable investment in the property and may want to consider altering the proposed plan to address the issues voiced at the meeting. Commissioner Ashiku inquired if it would be possible for Mr. 'i-iten to obtain a Variance concerning the duplex on the site considering the present zoning. Mr. Sawyer advised that a Variance could not be obtained because the use is not subject to a Variance. The applicant would need to have the property rezoned in order to obtain a Variance. ON A MOTION.by Commissioner Randolph, seconded by Commissioner Pruden, it was carried bythe following roll call vote, to deny Site Development Permit No. 95-16, as filed by Harold Titen, to allow a three-unit apartment structure in the C-1 Zoning District, on property located at 959 North Oak Street, Assessor's Parcel No. 002-114-69, based on staff's recommendation, and the following Findings: ' FINDINGS: . The project conforms to all use and development standards established in the City of Ukiah Municipal Code for the C-1 and the R-3 Zoning Districts for building heights, minimum lot size and width, and setbacks, but does not comply with the requirements for on-site parking established in Section 9198(d). 1 The project creates conflicts in density, parking, safety, and traffic congestion to the adjacent neighborhood. AYES: NOES: ABSENT: ABSTAIN: Commissioners Ashiku, Pruden, Randolph, Smith, and Chairman Menton. None. None.' None. RECESSED: 9:05 P.M. RECONVENED' 9:15 P.M. PLANNING DIRECTOR REPORTS Planning Director Bob Sawyer advised that the City Council met on June 10, 1995 and adopted in concept the new General Plan. Staff was directed to bring it back to Council MINUTES OF THE PLANNING COMMISSION MEETING PAGE 21 JUNE 14, 1995 CITY OF UKIAH PLANNING REPORT AGENDA ITEM: DATE: DATE: June 8, 1995 TO: . City of Ukiah Planning Commission FROM- City of Ukiah Planning Department SUBJECT: Site Development Permit (95-16) APPLICANT: Harold Titen PROJECT SUMMARY: Approval of the proposed Site' Development Permit would allow the conversion of a 2,576 square foot residential structure with two existing living units into a three-unit, apartment structure. The discretionary action associated with this project is quasi-judicial in nature; therefore, each decision-maker must physically and personally visit the site prior to participating in the vote to approve, disapprove or modify the proposed project. PROJECT LOCATION: The project site is located at 959 North Oak Street, which is adjacent to, and accessed by, a private easement that extends 300 feet from North Oak Street to its terminus west of the project site (Assessor Parcel No. 002-114-69). DEPARTMENT RECOMMENDATION: The Planning Department recommends DENIAL of Site Development Permit #95-20 on the grounds that the project does not comply with parking requirements for multiple-family residential uses, as outlined in Zoning Code Section 9198(3). ENVIRONMENTAL DOCUMENTATION: The City of Ukiah as Lead Agency has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15303, Class 3(a), which exempts the construction of apartments with no more than six dwelling units. GENERAL PLAN DESIGNATION: Commercial ZONING DISTRICT: C-1 (Light Commercial) PROJECT DESCRIPTION: The proposed project consists of a'Site Development Permit to allow the retention of an apadment unit that was constructed without benefit of an approved Site Developt~ent Permit or approved Building Permits. This' unit, which is shown as Unit C on project site plans, consists of an 896 square foot apadment unit that would contain two bedrooms, a kitchen, a dining room, a living room and an office. On June 24, 1981, the Planning Commission approved a Use Permit application (#81-90) submitted by Mr. Titen to allow the conversion of an existing single family residence into a duplex unit. As shown on the site plan submitted with the project (attached), the conversion from a single family unit to a two-family unit was to be done by ihe enclosure of a carport area that attached the residence with a garage on the southern portion of the site. it appears that the enclosure of the breezeway and the conversion of the garage into a living unit were done after the approval of the Use Permit, but there is no record of a Building Permit ever being approved for either. Therefore, the approved Use Permit for this conversion has expired and is no longer applicable to th:e site. On September 6, 1994, Mr. Titen submitted an application (#A-2912) for a Building Permit to allow the demolition and reconstruction of a recreation room that had been constructed in the breezeway area between the former single family residence and garage. This permit was approved on October 10, 1994, and has allowed the construction of the building now being proposed for apartments in this application. On March 24, 1995, Mr. Titen submitted an application (#A-2979) for a Building Permit to allow the conversion of the recreation room and two living units it separated into a triplex unit. The Planning Department, after reviewing the site plan for this application determined thaf this conversion required approval of a Site Development Permit by the Planning Commission prior to approval of any Building Permits to allow the conversion. The project site consists of a flat, irregular-shaped parcel with a'total area of 0.28 a~:res. The parcel, despite its commercial zoning, has only been developed with the residential structure, which is located approximately sixteen to twenty-four feet from the western property line and two feet from the southern property line. The remaining areas of the site are not developed, and contain high grasses and mature trees, including four Oak trees measuring between 6-24 inches in diameter at breast height (dbh) and a 16-inch dbh Cedar tree. STAFF ANALYSIS: Planning Department staff reviewed the project for compliance with permitted uses and the development standards for the C-1 District listed in Zoning Code Sections 9080-9087 and determined that the project complies with all of these standards, including those for height and required yards. Planning Department staff also reviewed Zoning Code standards for R-3 (General Multiple) zoning, since this is the zoning district that generally accommodates the development of apartment uses. The triplex unit complies with most of the requirements for this district, including those for building height, minimum site area and required front and rear yards. The existing structure is located in the side yard setback area on the southern portion of the site, but it has been determined in previous discretionary reviews that this structure is a legal, nonconforming use. The proposed triplex, however, does not comply With parking requirements for multiple- family dwellings, as outlined in Zoning Code Section 9198(3). This section requires that a minimum of two on-site parking spaces be provided for each two-bedroom apartment, which would require six on-site parking spaces for the three two-bedroom apartment units proposed for this project. The applicant has indicated that four of these parking spaces will be installed on-site, adjacent to proposed Units A and B. Page 2 The other two required parking spaces would be located off-site, on the easement west of the site, and would not comply with Code requirements for on-site parking. There is adequate area on the eastern portion of the site to locate two, or more, parking spaces, but there is not adequate area on the western portion of the site to put any additional parking spaces without restricting access to the proposed residential units. The proposed parking plan could also contribute to congestion in the easement area, which has an average width of approximately fifty feet. Fire Marshal Roger Sprehn has indicated to the Planning Department and the applicant that emergency vehicles could serve the site with an access of this width, although the Fire Department prefers a that there be a paved area with a radius of thirty-five feet for emergency vehicles to turn around in. In this case, the Fire Marshal has indicated that entire access lane, with the exception of the areas shown as parking spaces be reserved for use as a fire lane. The Fire Marshal also indicated that the fire lane and the resident/visitor parking be clearly posted in a manner approved by the Fire Department to ensure that the fire lane is kept open. · · CONCLUSIONS: It is the conclusion of the Planning Department that the project meets or exceeds all of the applicable Zoning Code requirements for the C-1 Zone and the. R-3 Zone, except for the provision of on-site parking required by Zoning Code Section 9198(3). ' FINDINGS: The Planning Department's recommendation for the denial of this project is based, in part, on the following findings: le The project conforms to all use and development standards established in the Municipal Code for the C-1 and the R-3 Zones for building heights, minimum lot size and width, and setbacks, but does not comply with the requirements for on-site parking established in the Section 9198(3); ATTACHMENTS: 1. Location Map. 2. Site Plan and Landscape Plan (reduced). 3. Building Elevations and Floor Plan(reduced). 4. Minutes from the May 24, 1995, Project Review Committee mee.ting. ACKNOWLEDGEMENTS: The following personnel, respectively, have prepared and reviewed this Planning Report: Dave Lohse, ~.S~o~:iate,.Planner 'l~ob~ rt~P~ l anning Director Page 3 LOCATION MAP FOR Site Development Permit #95-16: TITEN 959 North Oak Street (Assessor Parcel No. 002-114-69) ,: · · .m..~-~-c-'-r--~T. ! .----------""" .'- ,. AGENDA SUMMARY ITEM NO.: 7b DATE: .q~,nt_~mhpr 2[3= REPORT 1995 SUBJECT: APPEAL OF THE PLANNING COMMISSION'S DENIAL OF USE PERMIT APPLICATION NO. 95-27: KUAN SUMMARY: On August 13, 1995, the Planning Commission denied Use Permit Application No. 95-27, based on the determination that the establishment, (This PROJECT SUMMARY is continued on the next page.) RECOMMENDED ACTION: City Council uphold the Planning Commission's disapproval of Use Permit No. 95-27 and deny the appeal. Acct. No. (if not budgeted): N/A Acct. No. (if budgeted): N/A ALTERNATIVE COUNCIL POLICY OPTION: 1. Make appropriate Findings and approve the appeal. Appropriation requested: N/A Citizen advised: Legal Notice posted and advertised Requested by: Jerry Massini for Sandra Ward Prepared by: Dave Lohse, Associate Planner Coordinated with: Bob Sawyer, Planning Director Attachments: . 2. 3. 4. . Request for Appeal by Mr. Massini. Minutes of Planning Commission meeting on 8/23/95 (including Findings). Memorandum to Planning Commission dated 8/23/95 from Planning Department. Planning Report prepared for Use Permit #95-27 (dated 8/15/95), including two letters of opposition to the project and Meeting Notes for Project Review Committee meeting on July 12, 1995. Letter of Opposition to project from Ms. Lauren Rocha (dated 8/21/95). Meeting Notes for PRC Meeting on August 18, 1995. Can't'dace Horsley, I~ttrim City Manager PROJECT SUMMARY (continued): maintenance and operation of the proposed acupuncture (medical) office use will be detrimental to the health, safety, comfort and general welfare of persons residing or working within the neighborhood, and be harmful to the general welfare of the City. This general finding was based on the more specific finding that the project would permit a commercial use in a residential setting that does not have a parking area that is adequate to provide safe or efficient ingress and egress to the site. This project is the result of the applicant's application for a Use Permit to allow an acupuncture office in an existing building located on a parcel in the R-3 Zoning District. This structure has been used for a professional office in the past, but this use was never established through the Use Permit process and was, therefore, a nonconforming use. This nonconforming use has since been abated by the removal of the office use for a period exceeding six months, and the current application is required to allow the proposed office use in a residential structure. This application was submitted on June 22, 1995, and originally consisted of a request to convert only a 660 square foot portion of the building to a commercial medical office use, with the remaining area to be used for residential purposes. The project was reviewed by Planning staff and other City agency staff at the July 12, 1995, meeting of the Project Review Committee (see attached PRC Meeting Notes dated 9/12/95). It was also scheduled for review and action by the Zoning Administrator at a hearing on July 26, 1995 (see attached ZA Planning Report dated 7/19/95). This meeting, however, was canceled at the applicants' request to allow a revision of the application that would permit the entire structure to be used for commercial office uses. The revised application also requested that off-site and tandem parking be permitted. The project was reanalyzed by Planning Department staff, who determined that the expanded scope of the project would require review and action by the Planning Commission. The project was also reviewed again by the Project Review Committee on August 18, 1995 (PRC Meeting Notes attached) and scheduled for hearing by the Planning Commission on August 23, 1995. A Planning Report (dated 8/15/95) was prepared for this project by staff, who analyzed the revised application and recommended denial of the project due to the lack of on-site parking and potential safety hazards associated with the location and design of parking spaces. This report was sent to the Planning Commission on August 18, 1995, as part of the regular packets prepared for the scheduled meeting on August 23. On August 21, 1995, staff also accepted a modified version of the revised application that was submitted by the applicant to show, among other things, that the gross leasable area of the structure encompasses 1,250 square feet and not the 1,330 square feet scaled off by Planning staff. The applicant also showed a revised parking plan that included all of the required parking spaces on the site. These changes were reanalyzed by staff, who presented their conclusions and a recommendation for denial to the Planning Commission in a Memorandum (dated 8/23/95) at the scheduled hearing. The Planning Commission reviewed the project and discussed the need for vehicles using the site to back out onto public streets and the conversion of residential parcels to commercial uses, with a resultant loss of housing stock. The Commission then made the Finding listed above and voted 4-0 to deny the project. Date: August 28, 1995 To: City Council From: Jerry Massini/Real Estate Agent for the Seller of 205 Gobbi Street Subject: Use Permit Application No. 95-27: Kuan (Buyer) As the agent for Ms. Sandra Ward, I have been attempting to obtain a Use Permit, for a doctors office, for her R-3 property located on the South/West corner of Gobbi and Oak Streets. This is a condition of sale to Dr. Kuan. Although Ms. Ward never had a Use Permit for this building, it was used as a business office between 1979 and 1986, with no adverse effects on the surrounding neighborhood. Our initial plan was to utilize a portion of the building as a residence and a portion for the doctors office. In that concept the Planning Department was willing to allow for stacked parking in the existing driveway and for additional parking in front of the building on Gobbi Street. This plan, which the Planning Department has stated they would have approved, would have required all vehicles to back out onto Gobbi Street. The major stumbling block to this plan was a fire requirement to retrofit the building with a one hour fire wall (dividing residential from office space), extending from the ground to the roof line. The estimated cost of this fire wall was significant enough to cause all involved to rethink the project. After confirming city parking requirements we proposed a plan (copy attached) which allowed for adequate off street parking (6 ea.). This plan was submitted to the Planning Commission for approval. On the evening of August 23, 1995 the Planning commission met and discussed our Use Permit Application. This project was denied basically because of the fact that vehicles would have to back out onto Gobbi Street and Oak Street. 320 South State Street · Ukiah, Califomia 95482 · (707) 463-2570 10751 Main Street · Potter Valley, California 95469 · (707) 743-1101 We contend that this plan meets city requirements for off-street parking and the code does not explicitly prohibit vehicles from backing out onto a private or public street. This very same condition occurs in a multitude of business/commercial situations throughout town, including my present employer, Beverly Sanders, building. Another example is the business district downtown on School Street, all of these cars park diagonally and all of them back out into traffic. My point is why is it appropriate in other locations, but not for our project. It has always been my understanding that we look at the highest and best use for property. I believe this location, because of it's close proximity to stores and banks and high traffic count, lends itself more readily to a commercial setting rather than a residential one. For these reasons I respectfully request an appeal before the City Council for this projects approval. Sincerely, Jerry Massini JM/bb Chairman Ashiku advised the applicant that the use permit would be reviewed after the six-month trial period. He also informed the applicant that the City is very proud of its Downtown area. He suggested that all displays be tasteful in nature and that the applicant work cooperatively with other merchants and business owners in the area. 6C. Use Permit Application No. 95-27, as filed by Timothy Kuan, to allow the conversion of an existing 1,330 square foot residence in the R-3 Zoning District into an acupuncture (medical) office, on property located at 205 West Gobbi Street, Assessor Parcel No. 003- 031-08, and located in the R-3, General-Multiple Residential, Zoning District. Senior Planner Stump stated that the subject application is for the conversion of a~ existing residence into an acupuncture office in an R-3 Zoning District. He explained that Staff and the Applicant have met in an attempt to resolve the parking problems associated with the site and a revised site plan has been provided to the 'Planning Commission for its review. He noted that Associate Planner Lohse would present the staff findings and recommendations for this application. Chairman Ashiku asked if Staff would be addressing the revised site plan. Associate Planner Lohse advised that Staff would be addressing the revised site plan which was the result of Staff and Applicant diScussions, lte noted that even though the site plan had been revised, the Planning and Engineering Departments were still concerned with the current parking design as it would require that patients back out on to public streets. ~Mr. Lohse advised that Staff recom~nended denial of the subject application as it is Staffs opinion that the parking design would interfere with pedestrian and vehicle traffic in the vicinity. He noted that two letters from the public in opposition to the application had been provided to the Planning Co~nmission expressing concern with traffic impacts and impacts to the adjacent residential uses. Lengthy discussion ensued regarding parking requirements. PUBLIC HEARING OPENED - 8:30 P.M. Jerry Massini, 2101 Sierra Place, advised that he represented Sandra Ward, the current owner of the subject property. He discussed the previous uses of the parcel and noted that no parking or traffic problems occurred while a business was operating at this location frown 1979 to 1986. Mr. Massini noted that the neighborhood has com~nercial uses currently, such as American Savings and Payless Drug Store. He urged the Planning Commission to approve the subject application which could provide the highest and best use for the parcel, and stressed that multi-residential would not be appropriate at this location with the high traffic volume in the area. Victor Lopes, 2606 Eastside Road, discussed the subject site and advised that the proposed access would not meet ADA requirements. He expressed concern with a commercial use being operated near a school and felt that the parking design was inadequate. Mr. Lopes expressed opposition to the proposed project as the design and use were inappropriate for this location. Barbara VanPatten, 530 Pomo Drive, advised that she represented Timothy Kuan and explained the improve~nents the applicant proposed to ~nake to the subject site. She urged the Planning Commission to approve the proposed project. , MINUTES OF THE UKIAH PLANNING COMMISSION AUGUST 23, 1995 PAGE 8 Donna Roberts, 781 Sidnie Court, felt that this project was another commercial use enCroaching on a residential neighborhood and expressed opposition to the application. She noted that there would be other more suitable locations for this type of office. PUBLIC HEARING CLOSED - 8:45 P.M. Discussion followed regarding the adjacent uses. Cmnmissioner Larson expressed concern with patients backing out on to public streets in this highly traveled area. Commissioner Pruden stated that she was opposed to conversions of residential uses to commercial uses as they have not been successful. She noted that an application is forthcoming for further multi-family units in this neighborhood and a comnmercial use would be incompatible. Commissioner Pruden felt that the applicant should explore other commercial properties in Ukiah. Commissioner Baker expressed opposition to the application as she stated she could not support removing a residential use from the housing stock. She concurred with Commissioner Pruden that other alternatives should be explored as there are commercial sites available in Ukiah. Chairmm~ Ashiku expressed concern with the parking design, particularly patients being required to back out on to Gobbi Street. He felt that a residential use would be much more appropriate in this location due to the parking problems and safety issues. Chairman Ashiku felt that the subject site was not appropriate for the proposed use. ON A MOTION by Commissioner Baker, seconded by Commissioner Larson, it was carried by the following roll call vote to deny Use Permit Application No. 95-27, as filed by Ti~nothy Kuan, to allow the conversion of an existing 1,330 square foot residence in the R-3 Zoning District into an acupuncture (medical) office, on property located at 205 West Gobbi Street, Assessor Parcel No. 003-031-08, based on the previous findings presented by the individual Planning Commissioners and the following finding: FINDING: The establishment, maintenance, or operation of the proposed acupuncture 0nedical) office use will be detri~nental to the health, safety, comfort, or general welfare of persons residing or working within the neighborhood, and be harmful to the general welfare of the City, because it would permit a commercial use that does not have an adequate parking area that would provide safe or efficient ingress and egress to the site. AYES: NOES: ABSTAIN: ABSENT: Commissioners Baker, Larson, Pruden, and Chairman Ashiku. None. None. Commissioner Smith. PLANNING DIRECTOR REPORT Senior Planner Stump referred to the memorandum provided to the Planning Commission relative to the use of ~netal roofing materials. Associate Planner Lohse advised that Planning Staff had been approached by Mr. Norm Crawford of Cal-Pac Roofing relative to the prohibited use of metal roofing in the City limits. He noted that the MINUTES OF THE UKIAH PLANNING COMMISSION AUGUST 23, 1995 PAGE 9 MEMORANDUM DATE: August 23, 1995 TO: City of Ukiah Planning Commission FROM: City of Ukiah Planning Department SUBJECT: Modification of Use Permit Application No. 95-27: Kuan The applicant for this project met this week with Planning Department staff to discuss the staff recommendation for the denial of this project, as outlined in the Planning Report sent to Commission members last Friday. This Planning Report consists of an analysis of the project, including its compliance with use and development standards for both the R-3 and C-1 Districts, and conclusions by staff that generated the recommendation. The primary issue that staff has based its recommendation for denial on is the lack of on- site parking on the site. As discussed in the report, the applicant has proposed that combination of on-site and off-site parking be permitted, as well as the use of tandem parking. The Zoning Code prohibits tandem parking and off-site parking can only be permitted after the approval of a Variance by the Planning Commission. It is the further opinion of the Department that the findings required to approve such a Variance cannot be met by the design of this project. The applicants, when apprised of the Department's recommendation for denial and its opposition to a Variance, opted to provide a revised site plan that more accurately depicts the size and location of the proposed office structure. According to the revised site plan, which was prepared by Mr. Jerry Massini, the proposed leasable portion of the structure is 1,250 square feet, and the required number of parking spaces would actually be only six parking spaces. The revised site plan also shows a revised parking plan, which includes all six of the requi'red parking spaces on the project site. This revised parking design includes the development of three on-site parking spaces (including one handicapped parking space) located along the Gobbi Street frontage and three parking spaces located along the Oak Street frontage. All of these spaces would require 'that vehicles back out onto adjacent streets, but they.do not require the use of any off-site or tandem parking, and would, therefore, not require the approval of a Variance. Staff has reviewed the revised site plan and parking design and determined that it does comply with the parking requirements for medical offices, as outlined in the Zoning Code. The design standards for parking areas that are listed under Zoning Code Section 9197 do provide for standard aisle widths in parking areas, based on the stall angle and other factors, but the Code does not explicitly prohibit vehicles from backing out onto a private or public street. In Section 9193(A), however, it is stated that "all off-street parking facilities shall be designed in a manner which will least interfere with traffic movements". The proposed parking plan will require that vehicles back out onto public streets via from driveway aprons that would be a minimum of twenty-seven feet wide. The City Engineer's staff have completed recent traffic counts that recorded approximately 5,600 vehicle trips per day along this section of Gobbi Street, and medical office users would have to compete with this vehicular traffic to access the site. Pedestrian/vehicle conflicts are also expected to increase due to the widths of the driveway areas, although staff has no counts for pedestrian traffic at the site. Therefore, it is the conclusion of both Planning Department and Engineering Department staff that the proposed parking design will interfere with pedestrian and vehicular traffic flows on the adjacent streets, particularly if more than one vehicle is entering and/or exiting the site from one driveway area at the same time. Based on staff's reanalysis of the project, the Planning Department still recommends DENIAL of Use Permit No. 95-27 on the grounds that the proposed parking plan will interfere with traffic movements along adjacent public streets, and based on the following finding: , The establishment, maintenance, or operation of the proposed acupuncture (medical) office use will be detrimental to the health, safety, comfort or general welfare of persons residing or working within the neighborhood, and be harmful to the general welfare of the City, because it would permit a commercial use that does not have an adequate parking area that would provide safe or efficient ingress and egress to the site. CITY OF UKIAH PLANNING REPORT AGENDA ITEM: ....... DATE: DATE: August 15, 1995 TO: City of Ukiah Planning Commission FROM: City of Ukiah Planning Department SUBJECT: Use Permit (#95-27) APPLICANT: Timothy Kuan PROJECT SUMMARY: Approval of the proposed Use Permit would allow the conversion of a 1,330 square foot portion of an existing single family residence located in the R-3 (Multiple Residential) District into an acupuncture (medical office) use. The discretionary action associated with this project is quasi-judicial in nature; therefore each decision-maker must physically and personally visit the site prior to participating in the vote to approve, disapprove, or modify the proposed project. PROJECT LOCATION: The proposed site is located at 205 West Gobbi Street, on the southwest corner of the intersection of Gobbi Street with South Oak Street (Assessor Parcel No. 003-031-08). DEPARTMENT RECOMMENDATION: The Planning Department recommends DENIAL of Use Permit No. 95-27 on the grounds that the use is not consistent with the development standards for on-site parking in the R-3 Zone District, as outlined in the Municipal Code. ENVIRONMENTAL DOCUMENTATION: The City of Ukiah as .Lead Agency has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15303, Class 3, which exempts conversions of existing residential structures from one use to another, provided only minor modifications are made to the exterior of the structure. GENERAL PLAN DESIGNATION. High Density Residential ZONING DISTRICT: R-3 (Multiple Residential) PROJECT DESCRIPTION: The project consists of a Use Permit to allow the conversion of an existing 1,330 square foot single family residence into an acupuncture office, or medical office use. This project was originally accepted as an application for the conversion of a 600 square foot portion of the structure to the acupuncture office use, with the remainder of the building to be used for residential use. ~The project was scheduled for hearing by the Zoning Administrator on July 15, 1995, but this meeting was canceled at the applicant's request to allow for the modification of the project.. Due to the extent of the proposed modifications, including the use of the entire structure for medical office use and the use of off-site parking, the project was rescheduled for action by the Planning Commission. The project site has been used as a professional office use in the past, but this use was not a permitted use at the time and no discretionary permits to allow the use on this parcel have ever been secured. Therefore, the earlier office use has been determined by staff to be a nonconforming use that has not been used for a period exceeding six months. This use is now considered to be abated and the requested off. ice use can only be permitted by the securement of the requested Use Permit. The project site consists of a 5,250 square foot parcel that has been developed with the existing one-story residence, an attached garage and an attached carport that are both located on the southern side of the building. The residence is located in the center portion of the site and is bounded on the west by a 60-foot long driveway that provides access to the garage from parcel frontage along West Gobbi Street. The southern portion of the parcel has been paved, except for a small lawn area in the southwest corner of the site. There are also lawn areas behind sidewalks adjacent to the east and north sides of the parcel. STAFF ANALYSIS: The Planning Department analysis of the project consists of the review of the project's consistency with the use and development standards for a medical office use in the R-3 (Multiple Residential) District, which include requirements for building height, site area, setbacks, yard areas and parking. Based on this review, staff determined that the proposed use and the conversion of the residential structure comply with all of these standards, except those for parking. Planning Department staff also analyzed the project's consistency with the use and development standards for the C-1 (Light Commercial) District since this zoning district is the one most commonly used for professional office uses. It is staff's determination that the proposed use and the conversion of the structure complies fully with the standards for building height, site area and required yards. However, it does not, comply with the requirements for the provision of on-site parking standards. Zoning Code requirements for parking in the both the R-3 and C-1 Districts are mandated by the specific use that a property is to be used for, which in this case is a medical office use. Section 9198(F)(1) of the Zoning Code requires that a medical office use provide one parking space for each two hundred (200) square feet of gross leasable area, whether it is located in the R-3 District or the C-1 District. The proposed acupuncture office would have a total square footage of 1,330 square feet, and would, therefore, require a minimum of seven full-size, on-site parking spaces to comply with parking requirements. Page 2 The applicants have proposed the use of five parking spaces located on the project site, including the location of three tandem parking spaces (one customer, two employee-only) that would be located in the existing driveway. The other two on-site parking spaces would include a handicapped parking space along Gobbi Street, directly east of the driveway, and one full-size parking space at the rear of the structure. In addition, the applicants have requested that the proposed office use be permitted to use two additional parking spaces that would be located in an existing parking lot on an adjacent parcel to the east of the project site, across Oak Street. In the initial phases of this application, Planning Department staff indicated that the use of tandem parking could be permitted if the joint residential/office, use were to be developed on the site. The Zoning Code allows the Planning Director the authority to approve the use of tandem parking for residential development, and staff was amenable to its use if no parking spaces used for commercial uses were blocked. However, the Code is explicit that "tandem parking is not acceptable for commercial uses of property", and the tandem parking that the applicant has proposed for the existing driveway on the site cannot be approved. The inability to use tandem parking on the site would eliminate two parking spaces from the five parking spaces proposed on the site. The proposal by the applicant to utilize two off-site parking spaces is also not permitted, according to Zoning Code Section 9198. This section, which establishes the number of parking spaces for specific uses, also requires that these parking spaces be on-site. in addition, Section 9193(A) of the Zoning Code requires that each off-street parking space shall open directly onto an aisle or driveway that provides a safe and efficient means to access the parking space. The parking design for this project does not include any aisles or driveways that would allow vehicles to turn around on the site, and all egress from these parking spaces would be required to back out onto either Gobbi Street or Oak Street. It is the opinion of staff that the lack of turnaround areas for on-site parking does not represent a safe or efficient parking lot design. CONCLUSIONS: It is the conclusion of the Planning Department that the project meets or exceeds most of the applicable Zoning Code requirements for both the R-3 and C-1 Zones, but that the project site's access, internal circulation patterns and parking space design are not adequate to provide an adequate number of parking spaces or safe and efficient access at the project site. FINDINGS: The Planning Department's recommendation for the denial of this project is based on the following findings: o The project is not consistent with the Zoning Code requirements for on-site parking in the R-3 District, as outlined in Sections 9190-9198; e The establishment, maintenance, or operation of the proposed medical Page 3 office use will be detrimental to the health, safety, comfort or general welfare of persons residing or working within the neighborhood, or be detrimental to property or improvements around the site, or be harmful to the general welfare of the City, because it would permit a commercial use on a property that does not have adequate available area to accommodate the required number of parking spaces and would not provide safe or efficient access for vehicles using the site. ATTACHMENTS: ., 2. 3. 4. Location Map Site Plan Proposed Parking Agreement with American Savings Bank Project Review Committee Meeting Minutes from July 12, 1995 ACKNOWLEDGEMENTS: The following personnel prepared and reviewed this Planning Report, respectively: Dave Lohse, Associate Planner .ump, ,.~enior P~ner Page 4 LOCATION MAP FOR . . Use Permit f195-27: Kuan 205 West Gobbi Street (Assessor Parcel No. 003-031-08) YOKAYO SCHOOL 0 5o0 lo · . oo 1 oo 20 o 2 oo Feet "' · Victor Lopes 2606 East Side Road Ukiah, CA 95482 AuGust 18, 1995 Chairman, Philip Ashiku and Members of the Planning Commission City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Subject: Use Permit No. 95-27, Kuan. Dear Chairman Ashiku and Planning Commission Members: The above named project is proposed in a residential area that is now on the border of commercial development. Commercial use of residential property in this location is inappropriate. The on- site parking is inadequate, requiring vehicles to back out onto a busy street. This task is difficult for occasional visitors who may not be used to the demands of the particular area. In addition to limited on-site parking the on-street parking around this residential building is also very limited. There is a large commercial parking lot across the street from the proposed site however, there is no Guarantee of the future use of this off-site parkinG. It would also require patients of the acupuncture clinic to cross a main street. Many times after a person has had an acupuncture treatment they are very relaxed, often they have actually been sleepinG. In this relaxed state a person may not be fully aware and able to react to traffic coming and GoinG. There are many other available sites within the City that would be much better suited for a clinic such as this. We, as a community need to keep'our neighborhoods intact and free of unnecessary traffic from commercial ventures. Thank you for the opportunity to comment on the above named project. Sincerely, Victor Lopes -~ AL~ C~~P~ July 21, 1995 American Savings located at 700 South State Street will be sending us a letter stating they will allow Timothy H.T. Kuan, C.A. to use 2 parking places for his acupunture business for a period of 10 years. Mr. Kuan and I feel this is an excellent solution to the park- ing problem. Please consider this as a better option to.the, parking require- ments. Sincerely, Barbara Van Patten Barlmra Va. i'atten .r~,u:ro.-.ssoc,~.,v. ® ,~/U~t/.~' C~. Office: (707) 463-2570 REALTY COMPANY Residence: (707)463-0804 320 South State Street ~~7--.~ Facsimile: (707) 463-15(r2 Uki.h, Califomi& 95482~ .... roil Free: 1-800-499-2570 320 Soufl~ State Street · Ukiah, California 95482 · (707) 463-2570, Facsimile: (707) 463-1502 PARKING AGREEMENT THIS AGREEM~;NT is made and entered into this 2Ist day of_J_O~, 1995 by and between AMERICAN SAVINGS BANK, F.A. ("Lessor"), and l_~essee ). 1. Lessor agrees to lease to Lessee two (2) parking spac,s ("Spaces") of the approximately 50 striped parking spaces in the parking lot ("Lot") of the property located at 700 State Street, Ukiah, CA for automobile parking for the exclusive use of Lessee's employees, customers, officers, directors, invitees, and agents. 2. The _two (2) parking spaces shall be in the Lot on the site plan attached hereto as Exhibit "A" as incorporated herein for all purposes. 3. Lessee shall pay Lessor $-0- per month for the rental of the two (2) spaces during the term. The term of this lease shall be five (5) year_s. Either party may terminate this lease upon sixty (60) days prior written notice to the other. 4. Lessee accepts the condition of the Lot "as-is". Lessor shall be responsible, at Lessor's expense, for maintaining the Lot, including, without limitation, routine cleaning and restriping when necessary, and for the payment of all taxes, assessments, and other-- charges pertaining to the Lot. 5. Lessor shall not be responsible for any loss or damage to the personal property of lessee, its employees, customers, officers, directors, agents, or invitees using the LOt unless caused in whole or in part by the negligence of Lessor, its employees or agents. 6. Ali notice.s, consents or waivers required or permitted herein shall be in writing and be deemed to have been duly given when delivered personally or 72 hours after being mailed, registered or certified mail, return receipt requested, postage prepaid, to the addresses set forth immediately following the signatures of the parties hereto. A party may change its address for notice by such notice. 7. This agreement shall be governed by and construed in accordance with the laws of California. 8. This agreement may be executed in several counterparts, and all such executed counterparts shall constitute the same agreement. It shall be necessary to account for only one such counterpart in' proving this agreement. 9. The masculine, feminine or neuter gender and the singular or plural number shall be deemed to include the others whenever the context of this agreement so indicates or requires. 10. If any provision of the agreement is determined by a court of competent jurisdiction to be invalid'or unenforceable, the remainders, of this agreement shall nonetheless remoin in full force and effect. 11. Lessee will mail to Lessor within thirty (30) days a Certificate of Insurance evidencing General Liability coverage. THIS AGREEMENT shall bind the parties hereto, their respective successors and assigns. IN WITNESS WHEREOF, this agreement has been duly executed by the parties hereto. LESSOR: AMERICAN SAVINGS BANK, F.A. Date: By: Title: American Savings Bank, F.A. Corporate Real Estate 400 East Main Street, Fourth Floor Stockton, CA 95290-0084 LESSEE: Date: By: Title: Address: Mr. Axt suggested that the service be on the NE corner. Mr. Wobig said that a 240 volt system is preferred. The charge to change to 3 phase is $500. The application for the project will be heard at the 7/26 Planning Commission meeting. D. Permit Application No. 95-27, as filed by Timothy Kuan, to allow the conversion of a portion of an existing residence in the R-3 District into an acupuncture clinic, on property located at 205 West Gobbi Street, Assessor's Parcel No. 003-031-08, and located in the R-3, General Multiple Residential Zoning District. Associate Planner David Lohse explained that the applicant wishes a partial conversion of an existing residence to an acupuncture clinic. There are no issues with the exception that three additional parking spaces will be required--2 spaces for residential and one space for office for every 200 sq.ft, of building. The existing driveway will be two spaces--tandem parking for one additional space is still an issue. Employee-only parking would be recommended for the tandem space so there would be no impact on the neighborhood. Barbara Van Patten, representative for the applicant, stated that there are currently no other employees. Other people park in the rear of building. Mr. Lohse commented that as long as it remains a one-person business actual parking on the site may pot be an issue, but a larger staff in the future has to be considered. Clif Shepard, Building Inspector, inquired if the use permit will allow for additional staff. Mr. Lohse responded in the affirmative. George Borecky, Water & Sewer Superintendent, inquired if the conversion will be for medical use. ,,If it is to be used as a medical office, then a backflow prevention device must be installed. If the business remains just an acupuncture clinic, then no backflow device is necessary. Jerry Massini, representative for the applicant, asked what the requirements were should the device be necessary. Mr. Borecky answered that a plumber can install the backflow device. The cost of a 3/4" backflow device is approximately $100-125. The annual inspection fee is $35-40. PROJECT REVIEW COMMITTEE MEETING MEETING NOTES July 12, 1995 Page 5 Mr. Sprehn advised that a one hour occupancy separation will be required between the residence and office use. Mr. Massini indicated that handicapped access will be provided and thus will modify walls with more sheetrock for the fire separation wall. Mr. Shepard commented that building codes for medical facilities are different than for residential units. Codes require plans be prepared by an architect. Martin Wobig, Electrical Distribution Engineer, had no further requirements. The service is adequate and the meter accessible. Mr. Lohse will check with the engineering division regarding parking requirements. Mr. Massini inquired as to the requirements for 7/26 Planning Commission meeting. Mr. Lohse responded that nothing more is needed. Items are conditions of approval. Nothing more is needed for the meeting to develop recommendations. Mr. Massini stated that he saw the main issue to be the parking on the existing driveway. E. Site Development Permit Application No. 95-28, as filed by Harold Titan, to allow a 3-unit apartment structure in the C-1 Zoning District, on property located at 959 North Oak Street, Assessor's Parcel No. 002-114-69, and located in the C-1, Light Commercial Zoning District. No representative was present. This application is similar in design to a Site Development Permit application (SDP 95-16) for this site that was denied by the Planning Commission on June 14, 1995. The change consists of a driveway on the north side of property to provide access to parking on the east side of the property. George Borecky, Water & Sewer Superintendent, indicated that there would be capital improvement fees. Roger Sprehn, Fire Marshal, stated that a posted Fire Lane is required to within 150' of the entire exterior of the building. The Fire Lane is to be 20' wide, all weather surfaced and posted as approved by the Fire Department with approved turn around. A fire hydrant is required within 300 feet of the end of the required Fire Lane. A new hydrant on Oak Street at the driveway end will satisfy this requirement. Building code requirements shall be met regarding proximity to property line and exterior openings. Building code requirements for smoke detectors shall be met. Clif Shepard, Building Inspector, had no comments. PROJECT REVIEW COMMITTEE MEETING MEETING NOTES July 12, 1995 Page 6 August 21, 1995 Lauren Rocha 19870 Ridgeway Highway Potter Valley, Calif. 95469 Robert Sawyer Zoning Administer 300 Seminary Dr. Ukiah, Calif. 95482 AUG 2 3 1995 01Y OF UKIAH PLANNING DEPT. To Whom it May Concern; I am writing this letter to protest the re-zoning of the property on the corner of Oak and Gobbi streets. I feel that there is no reason to change this residential house into a commercial business. This area is being consumed by commercial enterprise and I do not feel that it would benefit the neighborhood or the people of Ukiah to turn this home into a commercial office. There is an abundance of empty office spaces along State street, just one block up,that are already zoned commercial and have adequate parking. This house on Oak and Gobbi has no parking and Gobbi is a main thorough-fare which means that "on the street" parking is very dangerous. Gobbi is also a main walkway for the children walking home from Yokayo School and the added chaos of a commercial clinic on this street seems like an unnecessary risk. The other objection that I have to this location for an Acupuncture clinic is that after receiving an Acupuncture treatment, most of the time, people feel extremely relaxed. So relaxed that it doesn't feel safe to drive away into busy traffic. This location is residential and without an adequate" buffer-zone" for traffic I feel that it poses an unnecessary risk, once again. I believe that Acupuncture is a~effective and powerful form of medicine and do not object to an Acupuncture clinic. My objection is to this location. Please re- concider all aspects of this delema and recommend another location. Thank You, Lauren Rocha ( an interested party ) NOTES PROJECT REVIEW COMMITTEE MEETING AUGUST 18, 1995 STAFF PRESENT OTHERS PRESENT David Lohse, Associate Planner Clif Shepard, Building Inspector Charley Stump, Senior Planner Larry Woods, Associate Civil Engineer Marge Giuntoli, Recording Secretary Jerry Massini Bar§ara Van Patten The meeting was called to order at 10:36 a.m. by Senior Planner Charley Stump. Roll was taken with the results listed above. He outlined the purpose and format of the meeting. PROJECT REVIEWS Am Use Permit Application No. 95-27,' as filed by Timothy Kuan, to allow the conversion of a 1,330 square foot sinqle family residence on a parcel in the R-3, General Multiple-Residential, District into an acupuncture (medical) office, on property located at 205 West Gobbi Street, Assessor Parcel No. 003-031-08 Dave Lohse, Associate Planner, advised that this project has again come before the Project Review Committee because of the proposed increase in use of the entire site for medical office purposes instead of just a portion of the site. The project has gone from the Zoning Administrator Hearing to the Planning Commission Hearing, but with the increased use the issues are different and staff felt the need for further review. Jerry Massini, representing property owner Sandra Ward, indicated that this increase in use has occurred because when the original approval was sought they looked at the off- street parking requirements and thought by using only a portion of the building for office space it would help with the off-street parking considerations. At the first meeting they found they needed a complete fire wall block from the ground to the top of the structure. The cost was exorbitant for a retrofit situation, and therefore they decided to use the whole building for commercial space and try to get enough off-street parking to satisfy the requirements. Mr. Lohse replied that the amount of parking is the primary issue. The rest of the PROJECT REVIEW COMMITTEE MEETING MEETING NOTES August 18, 1995 Page 1 ,. conversion is compatible to the standards for the R-3 and C-1 Districts. Parking for 1330 sq. ft. requires 6.7 parking spaces; the Code requires it be taken up to 7 full size parking spaces for medical office use. One parking space is required for every 200 square feet. He discussed the medical office determination with the Planning Director and the Director concurs. In reviewing the proposed parking plan there are other problems. Tandem parking is "not acceptable" in commercial uses, although it can be signed off by the Planning Director for residential uses. The Code does not allow customer or employee spaces stacked up in tandem parking on commercially used parcels. He looked at similar situations in town and observed that where there is tandem parking there is a through circulation pattern that allows cars to exit another way. He cannot find an area for the applicant to have the seven required 'spaces. He did look at the parking' agreement with the American Savings Bank that was submitted; however, the Code does not allow off-site parking. The applicant can apply for a variance even though staff doesn't believe that they can make the findings for the variance. This must go to the Planning Commission. At this time staff recommends disapproval. Senior Planner Charley Stump asked how many spaces could be legally accommodated on the site. Mr. Lohse responded that if the rear portion of the lot were developed fully, including the removal of the existing carport, it would make room for three full size spaces, and possibly a fourth. Mr. Stump asked if compact parking was allowed. Mr. Lohse replied that compact parking is not allowed in parking areas for less than 10 full spaces. Parking in the rear would mean the vehicles would exit on Oak Street, which creates a safety issue since vehicles must back out. He can only find room for 5-6 total spaces. Mr. Massini stated at first they were told they could stack 2-3 cars in the driveway, and asked why that changed. Mr. Lohse said the possibility of tandem parking .was allowed for mixed commercial/residential use, if approved by the Zoning Administrator. Mr. Massini stated that the request had been for the owner, an employee, and possibly one customer to park in the driveway, and he doesn't understand why they could not be allowed some latitude in that area. Mr. Lohse stated tandem parking was not acceptable for commercial uses, and no variance procedure is defined for allowing this use. PROJECT REVIEW COMMITTEE MEETING MEETING NOTES August 18, 1995 Page 2 Mr. Massini asked how Mr. Lohse measured the building to get that much square footage. Mr. Lohse replied he scaled it out from the plans. Mr. Massini said they were just rough measurements on the plans. If each room were measured separately and then added together, he felt the square footage would fit the 6 car parking requirement. Mr. Lohse said the parking requirements are for the gross leasable area, and if there was a discrepancy he would be willing to look at a more accurate site plan.' Mr. Stump asked if the exterior or interior walls were used to calculate square footage figures. Clif Shepard, Building Inspector, stated that for building code and fee purposes, the exterior wall is used for measurement. Mr. Lohse stated that if the 1330 sq. ft. figure could be inaccurate then he will take another look at it. Mr. Massini indicated they were scrambling for space, and he would appreciate any . consideration. One car space would make a difference to them. Mr. Stump replied they would be willing to consider new square footage figures. Mr. Lohse stated that 1300 sq.ft, requires 6.5 spaces, and that figure can be rounded down to six. Building square footage requiring 6.6 parking spaces and above requires rounding up to the next higher number. Mr. Stump indicated that the applicant just can't make a statement regarding measurements. He must submit evidence clearly indicating more accurate square footage figures. Mr. Massini said they will measure the square footage room by room. Barbara Van Patten, representing the applicant, asked Mr. Lohse if there were room for four parking spaces in the back. Mr. Lohse replied yes, if the carport is removed. Discussion followed during which it was determined that American Savings Bank parking could not be used without a variance for off-site parking. With further study of the site PROJECT REVIEW COMMITTEE MEETING MEETING NOTES August 18, 1995 Page 3 map, it was found there would only be room for 3 parking spaces in the back, with one handicapped space in the front. Staff explained the variance procedure and stated that specific findings must be made by the Planning Commission related to the size and shape of the lot. Mr. Stump observed that there was a garage on the site and asked if the structure had been calculated into the parking spaces. Mr. Lohse replied no, not in terms of the calculated spaces. Mr. Massini asked if it would be considered as one parking space. Mr. Shepard noted it was still in front of the tandem parking. Mr. Stump stated it appeared that going from residential to commercial has cost the applicant the ability to tandem park, and asked if part residential/part commercial would allow for some tandem parking. Mr. Lohse replied in the affirmative, noting that staff was prepared to recommend approval for 1 residential, 1 customer, and 1 employee parking space in the existing driveway. Mr. Stump stated that the question before the applicants, as project managers, is whether they want to pursue total commercial with staff recommending denial of the project or proceed as before and balance that against the cost of the fire wall. Ms. Van Patten asked if there would still be a problem with the part residential and the parking. Mr. Lohse replied that he felt the parking was tight, but that staff had intended to recommend approval. It didn't require a variance, and was within the discretionary authority of the Planning Director and the Planning Commission. The long driveway is totally appropriate to use for residential/commercial mix. Mr. Van Patten inquired about the parking in the back. Mr. Lohse replied that there was room for 2 spaces with the carport, and 3 if the carport was removed. Mr. Shepard inquired as to what the real problem was with the off-site parking. Mr. Lohse replied that the code speaks against it, and that a variance is needed. PROJECT REVIEW COMMITTEE MEETING MEETING NOTES August 18, 1995 Page 4 Mr. Stump indicated that off-site parking agreements can be a problem in that the property owners can elect to extinguish the agreement without the City knowing about it. Mr. Lohse stated there is a public street between the American Savings Bank and the acupuncture clinic, if the applicant eventually sells to someone else and the property continues to be used for medical purposes, sick people crossing the street will be a issue which should be addressed at this point. Ms. Van Patten requested that the applicant receive notice of meetings in a more timely fashion, since it is important for Dr. Kuan to be present and aware of t.he proceedings. Mr. Stump indicated that staff would be willing to meet with Dr. Kuan at any time. Mr. Massini inquired regarding the width requirement for the handicapped space. Mr. Shepard replied that the requirement was 14 feet. Mr. Massini stated there would almost be enough room in the front to put three cars, and inquired as to the setback requirements from the corner. Mr. Stump replied that there is no setback for cars. Mr. Lohse stated that there is a 20 ft. setback from intersection for residential uses. Mr. Stump suggested that the project managers meet with Mr. Lohse after the meeting to discuss the location of the 6 required parking spaces. Larry Woods, Associate Civil Engineer, stated that the only time the Public Works would be involved was if there were new driveways or work within the public right-of-way. If for any reason the remodeling will increase the value of the building by 1/3 then they would have to look at needed frontage improvements. Mr. Massini stated they are not remodeling, but only making modifications to meet the code requirements, which basically only involves a bathroom. Bm Use Permit Application No. 95-33, as filed by Jeremy McDonald, to allow an Outdoor Sales Establishment for the display and sale of furniture to be operated in conjunction with an established retail furniture store, on property located at 295 North State Street, Assessor Parcel No. 002-22_4-13, and located in the C-1, Light Commercial, Zoninq District. PROJECT REVIEW COMMITTEE MEETING MEETING NOTES August 18, 1995 Page 5 ITEM NO. 8a DATE: Sppt~rnber 20:1995 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF THE UKIAH VALLEY GENERAL PLAN SUMMARY: On June 10, 1995, the City Council conceptually approved the Draft Ukiah Valley General Plan, and certified its integrated Environmental Impact Report (EIR). These actions came after two months of special Council hearings on the Plan, and after many revisions were directed by Council. Indeed, due to the voluminous nature of the Draft General Plan, and the many changes made to the working document over a period of time, the Council decided to have staff make all the necessary corrections and revisions, then return for a final adoption action. Accordingly, staff is satisfied that the Council-directed corrections have been made, and that the final General Plan, as distributed for the subject hearing, constitutes a policy document worthy of final adoption. (Continued on page 2) RECOMMENDED ACTION: City Council adopt the Ukiah Valley General Plan. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Further revise the draft Plan, and adopt it with the understanding that staff will make the necessary corrections without returning to Council. 2. Defer adoption of the General Plan, and remand to staff for corrections as may be articulated by City Council. Appropriation requested: N/A Citizen advised: Legal Notice posted and advertised Requested by: City Council Prepared by: Robert Sawyer, Planning Director Coordinated with: Candace Horsley, Interim City Manager Attachments: Ukiah Valley General Plan Draft Council Resolution adopting Plan HCD letter re: Housing Element Draft City Council Preface (~~c6 H~isl6~, Interim City ~lanager Page 2 It is worthy to note that in the intervening time between the last Council hearing on the General Plan and now, the State Department of Housing and Community Development (HCD) has found our Housing Element to be in legal compliance with State housing law. Hence, once the Council formally adopts the Plan, as presently proposed and anticipated, staff will immediately transmit the adopted Housing Element to HCD for their official certification. The letter from HCD indicating this status is attached for Council's consideration. Last, staff has composed a draft "City Council's Preface" letter to be included in the General Plan. If this "Preface" is acceptable to the Council, it will be included as the fourth "Preface" letter, following those from the City, the Growth Management Steering Committee, and the Planning Commission. If revisions are deemed appropriate, staff will revise the letter according to the Council's directives RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING AND ADOPTING UKIAH VALLEY GENERAL PLAN WHEREAS, 1. The Draft Ukiah Valley General Plan ("Draft General Plan") was developed in accordance with State of California laws pertaining to general plans, and the "State General Plan Guidelines" (published and maintained by the Governor's Office of Planning and Research), and, therefore, is considered to be consistent with all applicable legal requirements and mandates; and 2. The Draft General Plan constitutes a comprehensive revision of, and amendment to the adopted "City of Ukiah General Plan", which was originally adopted in June, 1974, and amended throughout the years; and 3. The Draft General Plan contains an integrated Environmental Impact Report (EIR) that satisfies all the requirements of the California Environmental Quality Act (CEQA) and adequately addresses all the subjects, topics, and issues required of a general plan-level EIR; and 4. The integrated EIR was reviewed throughout the Draft General Plan deliberations, and certified by the City Council on June 10, 1995; and 5. The Draft General Plan contains fourteen elements, in addition to introductory, explanatory, and definitive text, and each element has equal weight with all others, and all elements reflect internal consistency; and 6. The Draft General Plan is comprised of the seven elements mandated by the State of California (Open Space, Conservation, Noise, Safety, Housing, Transportation & Circulation, Land Use), and these seven elements contain findings, goals, policies, and implementation measures sufficient in quantity and quality to guide the orderly growth, development, and use of the City and the Ukiah Valley for the next 20 years; and 7. The Draft General Plan is also comprised of seven additional and optional elements which are unique to the planning needs of the Ukiah Valley (Parks & Recreation, Energy, Airport, Community Facilities, Historical & Archaeological Resources, Community Design, Economic Development), and these seven elements contain findings, goals, policies, and implementation measures which further qualify, quantify, and organize the orderly growth, development, and use of the City and the Ukiah Valley; and 8. The Draft General Plan was crafted over a four year period by nearly 200 citizens, including the City Council-appointed Growth Management Steering Committee (GMSC) and fourteen individual Element Committees, representing Valley-wide interests, organizations, and constituencies, and therefore reflects to the greatest extent possible, the long term planning goals, values, and expectations of the citizens who work, recreate, and reside in the City and the Ukiah Valley; and 9. The City of Ukiah Planning Commission provided the legally required notice and conducted public hearings and deliberated the contents of the Draft General Plan over a five-month, thirteen-meeting schedule, amended said document in various ways and numerous places, and determined on April 12, 1995, by a unanimous vote (5- 0) to recommend that the City Council certify the integrated EIR and adopt the Draft General Plan, as amended; and 10. The City Council provided the legally required notice and conducted public hearings and deliberated the contents of the Draft General Plan over a two- month, eight-meeting schedule, amended said document in various Ways and numerous places; and 11. The City Council concluded its hearings on June 10, 1995, having conceptually adopted the entire Draft General Plan, as amended; and 12. The findings contained in the Draft General Plan satisfy the requirements of Public Resources Code Section 21081; NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Ukiah hereby approves and adopts the Ukiah Valley General Plan. PASSED AND ADOPTED on September 20, 1995, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Fred Schneiter, Mayor Cathy McKay, City Clerk STATE OF CALIFORNIA - BUSINESSI TRANSPORTATION AND HOUSING AGENCY DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 1800 THIRD STREE'F, Room 430 P.O BOX 952053 SACRAJViEN'I'O, CA 94252-2053 (916) 323-3176 FAX (916) 327-2643 PETE WILSONi Governor August 29, 1995 Mr. Charles L. Rough, Junior City Manager City of Ukiah 300~Seminary Avenue Ukiah, California 95482-5400 Dear Mr. Rough: RE: Review of the City of Ukiah's Revised Draft Housing Element Thank you for submitting Ukiah's revised draft housing element, comprised of the revised draft received for our review on August 4, 1995, and revisions received by facsimile transmission on August 23, 1995. As you know, we are required to review draft housing elements and report our findings to the locality pursuant to Government Code Section 65585(b). We are providing an expedited review to facilitate the City's adoption of the element. Telephone conversations with Mr. Charley Stump, Senior Planner, on August 18, 23 and 25, 1995 assisted our review. This letter summarizes the comments shared with Mr. Stump on August 25, 1995. Ukiah's revisions to the draft housing element address all of the comments from our May 5, 1995 review letter. We are therefore pleased to find that when the revised draft element is adopted by the City Council, and submitted to this Department for our review, the element will comply with State housing element law (Article 10.6 of the Government Code). For example, the element has now been expanded to include additional data on typical developed densities in the high density zone. The element indicates that vacant land in the high density zone has been developed at sufficient densities to accommodate housing for lower-income households. To ensure final compliance with State housing element law, the City should submit the adopted element as soon as possible pursuant to Government Code Section 65585(g). While the revised draft element now addresses all the statutory requirements, the element must be adopted and submitted to this Department to be'in full compliance with the law. Mr. Charles L. Rough, Junior Page 2 We wish you success in the implementation of the City's element, and look forward to following the successful implementation of the City's housing programs in the annual reports required pursuant to Government Code Section 65400. We appreciate the cooperation, and assistance of Mr. Stump during the course of our review. If you would like any assistance in the implementation of your housing element, please contact Robert Maus, of our staff, at (916) 327-2640. Sincerely, AJ~lnng~DeA~uO~aDire~ctor cc: Charley Stump, Senior Planner, City of Ukiah Robert Sawyer, Planning Director, City of Ukiah Eric Jay Toll, Consultant, City of Ukiah Redwood Legal Assistance, Ukiah Office Jim Smith, Ukiah Daily Journal Bob Harkavy, California Rural Legal Assistance Mary Spangle, Mendocino Council of Governments Kathleen Mikkelson, Deputy Attorney General Bob Cervantes, Governor's Office of Planning and Research Dwight Hanson, California Building Industry Association Kerry Harrington Morrison, CA Association of Realtors Marc Brown, California Rural Legal Assistance Foundation Rob Wiener, California Coalition for Rural Housing Susan DeSantis, The Planning Center Dara Schur~ Western Center on Law and Poverty City of Ukiah, Mend0cin0 Coonty, Califomila Ukiah Valley General Plan and Growth Management Program Preface · Page 1.1-5 4 THE CITY CO UNCIL'S PREFACE On behalf of the Ukiah City Council, I would like to express our sincere appreciation to all the citizens who participated in crafting the new Ukiah Valley General Plan, with a special note of thanks to the members of the Growth Management Steering Committee (GMSC) for their extreme dedication, perseverance, and hard work. The process took over four years to complete, and it is well recognized by a grateful Council how much personal sacrifice by each GMSC member is reflected in the final document. The Council is also mindful and appreciative of the valuable input provided by countless other citizens who participated in the process and contributed constructive ideas at public workshops, GMSC meetings, and Commission and Council hearings. After receiving the revised document from the Planning Commission, the City Council conducted eight special public hearings and deliberated the Plan over a two month period. The Council made numerous revisions along the way to virtually all of the Plan's 14 Elements, but essentially left in-tact the programs and policies which best seemed to represent the community's long-term needs and goals. Even though the Council exercised its discretion and dismissed certain programs, policies, and measures, especially due to fiscal constraints and realities, we nonetheless remain confident that the principal themes and visions contained in the Plan were respected and accepted for the most part. We therefore believe that the 1995 Ukiah Valley General Plan will provide the guidance and vision needed for the orderly growth and development of the City and the Valley. Moreover, we believe that the Plan's comprehensive and farsighted nature will provide such guidance and vision well into the twenty-first century. Honorable Fred Schneiter Mayor, City of Ukiah September 7, 1995 California Environmental Protection Agency ~l~.Air Resources Board Mobile source emission standards summary A summary of mobile source emission standards adopted as of March 1994 RECEIVED AU$ 1 0 1995 CiTY OF UKIAH FLANNING DEFT~ Prepared by the California Air Resources Board, Mobile Source Division, Program Information Office. For additional copies please call (818) 575-6858. New Vehicle Standards Vehicle fuel specifications Passenger cars 1966-79 gasoline 1980-92 gasoline and diesel 1993 and later gasoline, diesel and methanol Iow-emission vehicle categories fleet average NMOG requirements Light-duty trucks 1966-79 gasoline 1980-92 gasoline and diesel 1993 and later gasoline, diesel and methanol Iow-emission vehicle categories fleet average NMOG requirements M~dium-duty trucks 1978-94 gasoline and diesel 1995 and later gasoline, diesel, and methanol Iow-emission vehicle standards Heavy-duty vehicles 1969-86 gasoline and diesel engines 1987 and later otto-cycle engines 1987 and later diesel engines 1991 and later urban bus engines Motorcycles 1978 and later Additional vehicle emission control requirements 1970 and later evaporative emissions 1993 and later formaldehyde emissions Iow-emission vehicle formaldehyde standards 1982 and later diesel particulate emissions On-board diagnostic system requirements . Reformulated gasoline Phase I ' ' Phase II Diesel fuel 1 1 3 3 '4 5 6 7 8 10 11 13 13 14 17 17 18 18 19 21 22 22 23 23 25 26 26 Off-Road Sources Additional information Small utility engines 1995 and later Heavy-duty off-road diesel cycle engines 1996 and later Off-Highway Recreational vehicles and engines 1995 and later 27 28 29 For complete information on certification, test procedures, · or requirements for small volume manufacturers please consult Title 13, Chapter 3 of the California Code of Regulations. New Vehicle Standards Passenger Cars A passenger car is any vehicle designed primarily for transportation of persons and having a design capacity of 12 persons or less. Manufacturers certifying new vehicles to the following standards must demonstrate compliance at 50,000 miles. All standards are expressed in grams per mile unless otherwise noted. See addi- tional standards listings for other emission requirements. Year HC CO NOx Notes 1966-67 275ppm 1.5% .... 7 mode test 1968-69 s0-100 CID 410 2.3 .... " ~01-140C~D 350 2.0 .... " . over 140 C~D 275 · 1.5 .... From the 1970 model year all emissions are measured in grams per mile (g/m). 1970 2.2 g/m 23 g/m .... ' 1971 2.2 23 4.0 g/m " 1972 1.5 23 3.0 3.2 39 3.2 cvs-72 3.2 39 3.0 " 3.2 ' 39 2.0 " 0.9 9.0 2.0 cvs-Ts 0.41 9.0 1.5. " 1973 1974 1975-76 1977-79 Primary standards Manufacturers certifying new vehicles to the following standards must demonstrate compliance at 50,000 miles, in 1981 and 1982, manufacturers had the choice of certifying new vehicles to option I or option 2 listed below. In 1989, manufacturers must certify no more than 50% of their vehicles to the 0.7g/m option. In 1990-93, manufacturers must certify no more than 10% of the previous years production to the 0.7 g/m NOx standard. Those vehicles certified to the optional 0.7 g/m NOx standard are subject to a 7-year/75,000 mile recall for selected emission control parts. See additional standards listings for other emission requirements. Year Hydrocarbons CO NOx Notes non-methane total 1980 0.39 g/m 0.41 g/m 9.0 g/m 1.0 g/m 1981 .... 0.41 3.4 1.0 option 1 1982 0.39 0.41 7.0 0.4 " 1981 0.39 0.41 7.0 0.7 option 2 1982 0.39 0.41 7.0 0.7 " 1983-88 0.39 0.41 7.0 0.4 0.39' 0.41 7.0 0.7 1989-92 0.39 0.41 7.0 0.4 0.39 0.41 7.0 0.7 optional optional Optional 100,000 mile Gasoline and Diesel passenger car standards Manufacturers have the option of certifying new vehicles to the following 50,000/100,000 mile standards. Manufacturers must demonstrate compliance with both the 50,000 and 100,000 mile standards for hydrocarbons and carbon monoxide and a 100,000 mile NOx standard.. For the 1989 and later model year, only diesel passenger cars may certify to these standards. When applicable, manufacturers can certify vehicles to either non-methane or total hydrocarbon standards. Year Mileage Hydrocarbons CO NOx non-methane total 1980 50,000 miles 0.39 g/m 0.41 g/m 9.0 g/m 1.5 g/m 100,000 0.46 10.6 1.5 1981 50,000 0.39 0.41 3.4 1.5 100,000 0.46 4.0 1.5 1982-83 50,000 0.39 0.41 7.0 1.5 100,000 0.46 .... 8.3 1.5 1984-88 50,000 0.39 0.41 7.0 1.0 100,000 0.46 .... 8.3 1.0 1989-92 100,000 0.46 .... 8.3 1.0 Manufacturers must certify a minimum of 40% of their 1993, 80% of their 1994 and 100% of their 1995 and later passenger cars plus light-duty trucks to the primary or Iow-emission vehicle start- dards, with the remainder certifying to the secondary standards. 1993 vehicles certified to the 0.7 g/m NOx standard are subject to a 7 year/75,000 mile recall for selected emission control parts. Manufacturers choosing to certify diesel passenger cars to the optional standards must demon- strate compliance at 100,000 miles. For methanol-fueled vehicles, including flexible-fueled ve- hicles, NMHC means organic material hydrocarbon equivalent (OMHCE). Beginning in model year 1994, manufacturers are also required to meet a fleet average non-methane organic gas (NMOG) requirement. See additional standards listings for other emission requirements. Year Mileage NMHC CO NOx Notes 1993-94 primary 50;000 miles 0.25 g/m 3.4 g/m 0.4 g/m 50,000 0.25. 3.4 0.7 100,000 0.31 4.2 .... 1993 option only secondary 50,000 0.39 7.0 0.4 50,000 0.39 7.0 0.7 100,000 0.46 8.3 1.0 optional diesel option 1995 and later primary 50,000 0.25 3.4 0.4' 100,000 0.31 4.2 .... 100,000 0.31 4.2 1.0 diesel option Low-Emission Vehicle Categories Low-emission vehicles are vehicles operating on any fuel that have been certified by the Air Resources Board to meet the following exhaust emission standards. These emission standards are .used to compute the fleet average NMOG. The emissions of alternate fueled vehicles may be adjusted to account for the lower reactivity of the NMOG emissions. Flexible-fuel and dual-fuel 'vehicles must also certify to the gasoline standards. See additional standards listings for other emission requirements. 50,000 mile standards Low-Emission Vehicles Transitional Low-Emission Vehicle (TLEV) Low-Emission Vehicle (LEV) Ultra Low-Emission Vehicle (ULEV) Zero Emission Vehicle (ZEV) Gasoline standards for flexible and dual-fuel Low-Emission Vehicles Transitional Low-Emission Vehicle (TLEV) Low-Emission Vehicle (LEV) Ultra Low-Emission Vehicle (ULEV) NMOG CO NOx 0.125 g/m · 3.4 g/m 0.4 g/m 0.075 3.4 0.2 0.040 1.7 0.2 zero zero zero 0.25 g/m .3.4 g/m 0.4 g/m 0.125 3.4 0.2 0.075 1.7 0.2 100,000 Mile Standards Low-Emission Vehicle standards Transitional Low-Emission Vehicle (TLEV) Low-Emission Vehicle (LEV) Ultra Low-Emission Vehicle (ULEV) Zero Emission Vehicle (ZEV) NMOG CO NOx 0.156 g/m 4.2 g/m 0.6 g/m 0.090 4.2 0.3 0.055 2.1 0.3 zero zero zero Gasoline standards for flexible and dual-fueled Low-Emission Vehicles Transitional Low-Emission Vehicle (TLEV) Low-Emission Vehicle (LEV) Ultra Low-Emission Vehicle (ULEV) 0.31 g/m 4.2 g/m 0.6 g/m 0.156 4.2 0.3 O.090 2.1 0.3 Fleet average NMOG requirements In addition to the individual model year exhaust emission standards, a manufacturer's fleet aver- age NMOG emissions must not exceed the following levels. The fleet average requirements apply to the manufacturer's combined fleet of passenger cars and light-duty trucks (0-3750 lbs.). Compli- ance with thu fleet average requirements is meet by averaging the NMHC or NMOG standards of vehicles certfied to the primary, secondary or optional standards with vehicles certified to the Iow- emission vehicle categories. In order to receive credit for the lower NMOG of a Iow-emission vehicle category, a vehicle must meet the CO and NOx standard for the category to which it is certifYing. NMOG emissions include oxygenated and non-oxygenated hydrocarbons. Beginning in 1998, a minimum percentage of each manufacturer's combined sales of passenger cars and light-duty trucks (0-3750 lbs.) will be required to 'be zero-emission vehicles. Year NMOG 1994 0.250 g/m 1995 0.231' 1996 0.225 1997 0.202 1998 0.157 1999 0.113 2000 0.073 2001 0.070 2002 0.068 2003 and later 0.062 Percentage of ZEV's required 2% 2% 2% 5% 5% 10% Light-Duty Trucks A light-duty truck is any motor vehicle rated at 6000 pounds gross vehicle weight or less which is designed primarily for purposes of transportation of property or is a derivative of such vehicle, or is available with special features enablirtg off-street or off-highway operation and use. Manufacturers certifying new vehicles to the following standards must demonstrate compliance at 50,000 miles. For 1979 vehicles the standards are dependent on equivalent inertia weight. See additional standards listings for other emission requirements. Year HC CO NOx Notes 1966-67 1968-69 1970 1971 1972 1973 1974 1975-76 1977-79 275 ppm SO-lOO cid 410 101-140 CID 350 over 140 CID 275 From the 1970 model year all emissions are 2.2 g/m 2.2 1.5 3.2 3.2 3.2 0.9 0-3999 0.41 0-3999 FWD 0o4 1 4000-5999 0.5 1.5% .... 2.3 .... 2.0 .... 1.5 .... measured in grams per mile (g/m). 23 g/m .... 23 4.0 g/m 23 3.0 39 3.2 39 3.0 39 2.0 9.0 2.0 9.0 1.5 9.0 2.0 9.0 2.0 7 mode test M # # II # # CVS-72 # # CVS-75 # Manufacturers certifying new vehicles to the following standards must demonstrate compliance at 50,000 miles. For 1979-87 vehicles the standards are dependent on equivalent inertia weight, and for 1988-92 vehicles the standards are based on loaded vehicle weight. Manufacturers must certify a minimum of 50% of their 1989 and 85% of their 1990-92 vehicles to the primary 0.4 g/m NOx standard. Those vehicles certified to the optional 1.0 g/m NOx standard are subject to a 7-year/ 75,000 mile recall for selected emission control parts. See additional standards listings for other emission requirements. Year Weight Hydrocarbons CO NOx Notes (lbs.) non-methane total 1980 0-3999 0.39 g/m 0.41 g/m 9.0 g/m 1.5 0-3999 FWD 0.39 0.41 9.0 2.0 4000-5999 0.50 0.50 9.0 2.0 1981-82 0-3999 0.39 0.41 9.0 1.0 4000-5999 0.50 0.50 9.0 1.5 1983-87 0-3999 0.39 0.41 9.0 0.4 0.39 0.41 9.0 1.0 4000-5999 0.50 0.50 9.0. 1.0 1988 0-3750 0.39 0.41 9.0 0.4 0.39 0.41 9.0 1.0 3751-5750 0.50. 0.50 9.0 1.0 1989 0-3750 0.39 0.41 9~.0 0.4 0.39 0.41 9.0 1.0 3751-5750 0.50 0.50 9.0 1.0 1990-92 0-3750 0.39 0.41 9.0 0.4 0.39 0.41 9.0 0.7 3751-5750 0.50 0.50 9.0 1.0 g/m optional optional optional optional Optional 100,000 mile Gasoline and Diesel light-duty truck standards Manufacturers have the option of certifying new vehicles to the following 50,000/100,000 mile standards. Manufacturers must demonstrate compliance with both the 50,000 and 100,000 mile standards for hydrocarbons and carbon monoxide and a 100,000 mile NOx standard. For the 1989 and later model year only diesel light-duty trucks may certify to these standards. When applicable, manufacturers can certify vehicles to either non-methane or total hydrocarbon standards. For 1979-87 vehicles the standards are dependent on equivalent inertia weight, and for 1988-92 ve- hicles the standards are based on loaded vehicle weight. Year Weight Mileage Hydrocarbons CO NOx (lbs.) (miles) non-methane total 1981-83 0-3999 50,000 0.39 g/m 0.41 g/m 9.0 g/m 1.5 g/m 100,000 0.46 .... 10.6 1.5 4000-5999 100,000 0.50 0.50 9.0 2.0 1984-87 0-3999 50,000 0.39 0.41 9.0 1.0 100,000 0.46 .... 10.6 1.0 4000-5999 100,000 0.50 0.50 9.0 1.5 1988 0-3750 50,000 0.39 0.41 9.0 1.0 100,000 0.46 .... 10.6 1.0 3751,5750 100,000 0.50 0.50 9.0 1.5 1989-92 0-3750 100,000 0.46 .... 10.6 1.0 3751-5750 100,000 0.50 0.50 9.0 1.5 Manufacturers must certify a minimum of 40% of their 1993, 80% of their 1994, and 100% of their 1995 and later light-duty trucks plus passenger cars to the primary or Iow-emission vehicle stan- dards, with the remainder certifying to the secondary standards. 1993 vehicles certified to the 0.7 g/m NOx standard are subject to a 7 year/75,000 mile recall for selected emission control parts. Manufacturers choosing to certify diesel passenger cars to the optional standards must demon- strate compliance at 100,000 miles. For methanol-fueled vehicles, including flexible-fueled ve- hicles, NMHC means organic material hydrocarbon equivalent (OMHCE). Beginning in model year 1994, manufacturers are also required to meet a fleet average NMOG requirement. See additional standards listings for other emission requirements. Year Weight Mileage NMHC CO NOx Notes (miles) 1993-94 primary 0-3750 lbs. 50,000 0.25 g/m 3.4 g/m 0.4 g/m 50,000 0.25 3.4 0.7 100,000 0.31 4.2 .... 100,000 0.31 4.2 1.0 3751-5750 50,000 0.32 4.4 1.0 100,000 0.40 5.5 .... 100,000 0.40 5.5 1.5 secondary 0-3750 50,000 0.39 9.0 0.4 50,000 0.39 9.0 0.7 100,000 0.46 10.6 1.0 3751-5750 50,000 0.50 9.0 1.0 100,000 0.50 9.0 1.5 1993 option only diesel option diesel option optional diesel option diesel option 1995 and later 0-3750 3751-5750 50,000 100,000 100,000 50,000 100,000 100,000 0.25 0.31 0.31 0.32 0.40 0.40 3.4 4.2 4.2 4.4 5.5 5.5 0.4 0.7 diesel option diesel option Low-Emission Vehicle categories for light-duty trucks Low-emission vehicles are vehicles operating on any fuel that have been certified by the Air Resources Board to meet the following exhaust emission standards. These emission standards are used to compute the fleet average NMOG. The emissions of alternate fueled vehicles may be adjusted to account for the lower reactivity of the NMOG emissions. Flexible-fuel and dual-fuel vehicles must also certify to the gasoline standards. See additional standards listings for other emission requirements. Light-duty trucks ( 0-3750 lbs.) 50,000 mile standards Low-Emission Vehicle standards Transitional Low-Emission Vehicle (TLEV) Low-Emission Vehicle (LEV) Ultra Low-Emission Vehicle (ULEV) Zero Emission Vehicle (ZEV) Gasoline standards for flexible and dual-fuel Low-Emission Vehicles Transitional Low-Emission Vehicle (TLEV) Low-Emission Vehicle (LEV) Ultra Low-Emission Vehicle (ULEV) NMOG CO NOx 0.125 g/m 3.4 g/m 0.4 g/m 0.075 3.4 0.2 0.040 1.7 0.2 zero zero zero 0.25 g/m 3.4 g/m 0.4 g/m 0.125 3.4 0.2 0.075 1.7 0.2 ( 0-3750 lbs.) 100,000 mile standards Low-Emission Vehicle standards Transitional Low-Emission Vehicle (TLEV) Low-Emission Vehicle (LEV) Ultra Low-Emission Vehicle (ULEV) Zero Emission Vehicle (ZEV) Gasoline standards for flexible and dual-fuel Low-Emission Vehicles Transitional Low-Emission Vehicle (TLEV) Low-Emission Vehicle (LEV) Ultra Low-Emission Vehicle (ULEV) NMOG CO NOx 0.156 g/m 4.2 g/m 0.6 g/m 0.090 4.2 0.3 0.055 2.1 0.3 zero zero zero 0.31 g/m 4.2 g/m 0.6 g/m 0.156 4.2 0.3 0.090 2.1 0.3 { 3751-5750 lbs.) 50,000 mile standards NMOG CO NOx Low-Emission Vehicle standards Transitional Low-Emission Vehicle (TLEV) Low-Emission Vehicle (LEV) Ultra Low-Emission Vehicle (ULEV) Zero Emission Vehicle (ZEV) Gasoline standards for flexible and dual-fuel Low-Emission Vehicles Transitional Low-Emission Vehicle (TLEV) Low-Emission Vehicle (LEV) Ultra Low-Emission Vehicle (ULEV) ( 3751-5750 lbs.) 100,000 mile standards Low-Emission Vehicle standards' Transitional Low-Emission Vehicle (TLEV) Low-Emission Vehicle (LEV) Ultra Low-Emission Vehicle (ULEV) Zero Emission Vehicle (ZEV) Gasoline star~dards for flexible and dual-fuel Low-Emission Vehicles Transitional Low-Emission Vehicle (TLEV) Low-Emission Vehicle (LEV) Ultra Low-Emission Vehicle (ULEV) O. 160 g/m 0.100 0.050 zero 0.32 g/m 0.160 0.100 NMOG 0.200 g/m 0.130 0.070 zero 0.40 g/m 0.200 0.130 4.4 g/m 4.4 2.2 zero 4.4 g/m 4.4 2.2 CO 5.5 g/m 5.5 2.8 zero 5.5 g/m 5.5 2.8 0.7 g/m 0.4 0.4 zero 0.7 g/m 0.4 0.4 NOx 0.9 g/m 0.5 0.5 zero 0.9 g/m 0.5 0.5 Fleet average NMOG requirements In addition to the individual model year exhaust emission standards, a manufacturer's fleet aver- age NMOG emissions must not exceed the following levels. Compliance with the fleet average requirements is met by averaging the NMHC or NMOG standards of vehicles certfied to the pri- mary, secondary or optional standards with vehicles certified to the Iow-emission vehicle catego- ries. Fleet average requirements listed under the heading 0-3750 lbs. apply to all passanger cars and light-duty trucks 0-3750 lbs. In order to receive credit for the lower NMOG of a Iow-emission vehicle category, a vehicle must meet the CO and NOx standard for the category to which it is certifying. NMOG emissions include oxygenated and non-oxygenated hydrocarbons. Beginning in 1998, a minimum percentage of each manufacturer's sales will be required to be zero-emission vehicles. Year ._ 0-3750 lbs. 3751-5750 lbs. 1994 0.250 g/m 0.320 g/m 1995 0.231 0.295 1996 0.225 0.287 1997 0.202 0.260 1998 0.157 0.205 1999 0.113 0.150 2000 0.073 0.099 2001 0.070 0.098 2002 0.068 0.095 2003 and later 0.062 0.093 % ZEV required (0-3750 lbs. only) 2% 2 2 5 5 10 10 Medium-duty Vehicles A medium-duty vehicle is defined as any pre-1995 heavy-duty vehicle having a manufacturer's gross vehicle weight rating (GVW) of 8,500 pounds or less, or any 1995 and later model year heavy-duty vehicle having a GVW of 14,000 pounds or less, or any Iow emission vehicle having a GVW greater than 6000 pounds but less than 14,000 pounds. Manufacturers may elect to certify pre-1995 vehicles up to 10,000 pounds GVW as medium-duty vehicles. Manufacturers certifying new vehicles to the following standards must demonstrate compliance at 50,000 miles. For medium-duty vehicles before 1978, see the heavy-duty vehicle standards. For 1981-87 vehicles the standards are dependent on equivalent inertia weight, and for 1988-94 ve- hicles the standards are based on loaded vehicle weight. 1983-88 NOx standards are based on a production average. 1983-88 medium-duty vehicles that certify to the 1.0 g/m NOx standard are subject to a 7-year/75,000 mile recall for selected emission control parts. Manufacturers must certify a minimum of 50% of their 1989 and 85% of their 1990-93 medium-duty vehicles (0-3750 lbs LVW) to the primary 0.4 g/m NOx standard. See additional standards listings for other emission requirements. Year Weight Hydrocarbons CO NOx Notes (lbs.) non-methane total 1978-79 all 0.9 g/m 1980 all 0.9 1981-82 0-3999 0.39 4000-5999 0.50 6000-8500 0.60 1983-87 0-3999 0.39 0.39 4000-5999 0.50 6000-8500 0.60 1988 0-3750 0.39 0.39 3751-5750 0.39 5751-8750 0.50 1989 0-3750 0.39 0.39 3751-5750 0.50 5751-8750 0.60 1990-94 0-3750 0.39 0.39 3751-5750 0.50 5751-8750 0.60 .... 17 g/m 2.3 g/m 0.9 g/m 17 2.3 0.41 9.0 1.0 0.50 9.0 1.5 0.60 9.0 2.0 0.41 9.0 0.7 0.41 9.0 1.0 0.50 9.0 1.0 0.60 9.0 1.5 0.41 9.0 0.7 0.41 9.0 1.0 0.41 9.0 1.0 0.50 9.0 1.0 0.41 9.0 0.4 0.41 9.0 1.0 0.50 9.0 1.0 0.60 9.0 1.5 0.41 9.0 0.4 0.41 9.0' 0.7 0.50 9.0 1.0 0.60 9.0 1.5 optional optional primary primary 11 Optional 100,000 miles medium-duty vehicle standards Manufacturers may choose to certify medium-duty vehicles to these optional emission standards. Manufacturers must demonstrate compliance with both the 50,000 and 100,000 mile standards. When applicable, manufacturers can certify vehicles to either non-methane or total hydrocarbon standards. For 1979-87 vehicles the standards are dependent on equivalent inertia weight, and for 1988-92 vehicles the standards are based on loaded vehicle weight. 1989 and later standards are not applicable to methanol medium-duty vehicles. See additional standards listings for other emission requirements. Year Weight Mileage Hydrocarbons CO NOx , (lbs.) (miles) non-methane total 1981-82 0-3999 50,000 0.39 g/m 0.4~1 g/m 9.0 g/m .... 100,000 0.46 .... 10.6 1.5 4000-5999 50,000 0.50 0.50 9.0 .... 100,000 ............ 2.0 over 5999 50,000 0.60 0.60 9.0 .... 100,000 ............ 2.3 1983 0-3999 50,000 0.39 0.41 9.0 .... 100,000 0.46 .... 10.6 1.5 4000-5999 50,000 0.50 0.50 9.0 .... 100,000 ............ 2.0 over 5999 50,000 0.60 0.60 9.0 .... IO0,OOQ ............ 2.0 1984-87 0-3999 50,000 0.39 0.41 9.0 .... 100,000 0.46 .... 10.6 1.0 4000-5999 50,000 .0.50 0.50 9.0 .... 100,000 ............ 1.5 over 5999 50,000 0.60 0.60 9.0 .... 100,000 ............ 2.0 1988 0-3750 50,000 0.39 0.41. 9.0 .... 100,000 0.46 0.41 10.6 1.0 3751-5750 50,000 0.50 0.50 9.0 .... 100,000 ............ 1.0 over 5750 50,000 0.60 0.60 9.0 .... 100,000 ............ 2.0 1989-94 0-3750 100,000 0.46 .... 10.6 1.0 3751-5750 100,000 0.50 0.50 9.0 1.0 over 5750 100,000 0.60 0.60 · 9.0 2.0 g/m 12 Manufacturers certifying new vehicles to the following standards must demonstrate compliance to the 50,000 and 120,000 mile standards. Standards are based on loaded vehicle weight (LVW). The particulate standards are for diesel medium-duty vehicles. The following standards are further modified by more stringent medium-duty Iow-emission vehicle phase-in standards. For the 1995 model year only, manufacturers may certify a maximum of 50% of their vehicles to the applicable 1994 model year standards and test procedures. For methanol-fueled vehicles, includ- ing flexible-fueled vehicles, NMHC means organic material hydrocarbon equivalent (OMHCE). See additional standards listings for other emission requirements. 1995 and later Weight Mileage NMHC CO NOx PM (lbs.) (miles) · 0-3750 50,000 0.25 g/m 3.4 g/m 0.4 g/m .... 120,000 0.36 5.0 0.55 0.08 g/m 3751-5750 50,000 0.32 4.4 0.7 .... 120,000 0.46 6.4 0.98 0.10 5751-8500 50,000 0.39 5.0 1.1 .... 120,000 0.56 7.3 1.53 0.12 8501-10,000 50,000 0.46 5.5 1.3 .... 120,000 0.66 8.1 1.81 0.12 10,001-14,000 50,000 0.60 7.0 2.0 .... 120,000 0.86 10.3 2.77 0.12 Medium-duty Iow-emission vehicle requirements Beginning in 1998, a minimum percentage of all medium-duty vehicles will be required to be certified as Iow-emission vehicles. Manufacturers which sell LEVs, ULEVs, and ZEVs prior to 1998 would be eligible to earn credits. Credits may be earned beginning in the 1992 model year by meeting the LEV or ULEV standards. Credits earned could be applied to the production require- ments starting in the 1998 model year. Year LEV ULEV i 1998 25% 2% 1999 50 2 2000 75 2 2001 95 5 2002 90 10 2003 85 15 13 To certify as a Iow-emission vehicle (LEV) or ultra-low-emission vehicle (ULEV) with the Air Re- sources Board, the exhaust emissions from new 1992 and later alternate fueled medium-duty vehicles shall not exceed the following standards. The emissions of alternate fueled vehicles may be adjusted to account for the lower reactivity of the NMOG emissions. Flexible-fuel and dual-fuel vehicles must also certify to the gasoline standards. See additional standards listings for other emission requirements. Low-Emission Vehicle standards LEV catagory Weight Mileage NMOG CO NOx PM (lbs.) (miles) II 0-3750 50,000 0.125 g/m '3.4 g/m 0.4 120,000 0.180 5.0 0.6 3751-5750 50,000 O. 160 4.4 0.7 120,000 0.230 6.4 1.0 5751-8500 50,000 O. 195 5.0 1.1 120,000 0.280 7.3 1.5 8501-10,000 50,000 0.230 5.5 1.3 120,000 0.330 8.1 1.8 10,001-14,000 50,000 0.300 7.0 2.0 120,000 0.430 10.3 2.8 g/rn 0.08 g/m 0.10 0.12 0.12 0.12 ULEV category Weight Mileage NMOG CO NOx (Ibs.~ (miles) PM 0-3750 50,000 0.075 g/m 1.7 g/m 0.2 120,000 O. 107 2.5 0.3 3751-5750 50,000 O. 100 2.2 0.4 120,000 0.143 3.2 0.5 5751-8500 50,000 0.117 2.5 0.6 120,000 0.167 3.7 0.8 8501-10,000 50,000 0.138 2.8 0.7 120,000 0.197 4.1 0.9 10,001-14,000 50,000 0.180 3.5 1.0 120,000 0.257 5.2 1.4 g/rn 0.04 g/m 0.05 0.06 0.06 0.06 14 Gasoline standards for flexible and dual-fueled Low-Emission Vehicles LEV category Weight Mileage NMOG CO NOx (lbs.) (miles) 0-3750 50,000 0.25 g/m 3.4 g/m 0.4 120,000 0.36 5.0 0.6 3751-5750 50,000 0.32 4.4 0.7 120,000 0.46 6.4 1.0 5751-8500 50,000 0.39 5.0 1.1 ._ 120,000 0.56 7.3 1.5 8501-10,000 50,000 0.46 5.5 1.3 120,000 0.66 8.1 1.8 10,001-14,000 50,000 0.60 7.0 2.0 120,000 0.86 10.3 2.8 g/m PM 0.08 g/m 0.10 0.12 0.12 0.12 ULEV category Weight Mileage (lbs.) (miles) NMOG CO NOx PM 0-3750 50,000 O. 125 g/m 1.7 g/m 0.2 120,000 0.190 2.5 0.3 .3751-5750 50,000 0.160 2.2 0.4 120,000 0.230 3.2 0.5 5751-8500 50,000 O, 195 2.5 0.6 120,000 0.280 3.7 0.8 8501-10,000 50,000 0.230 2.8 0.7 120,000 0.330 4.1 0.9 10,001-14,000 50,000 0.300 3.5 1.0 120,000 0.430 5.2 1.4 g/m 0.04 g/m 0.05 0.06 0.06 0.06 Incomplete medium-duty vehicles or diesel engine standards Category NMHC & NOx CO PM ! LEV 3.5 g/bhp-hr14.4 g/bhp-hr 0.10 g/bhp-hr ULEV 2.5 7.2 0.05 1995 and later 3.9 14.4 0.10 HCHO 0.050 g/bhp-hr 0.025 15 Heavy-duty engines and vehicles A heavy-duty vehicle is any vehicle with a gross vehicle weight rating of over 6000 pounds, exclud- ing light-duty trucks and 1978 and later medium-duty vehicles. Manufacturers may elect to certify pre-1995 heavy-duty vehicles of 10,000 pounds or less gross vehicle weight rating as medium-duty vehicles. These standards apply to 1969 and newer gasoline vehicles and 1973 and newer diesel vehicles. 1969-78 emission standards are measured using the non-dispersive infrared method (NDIR). For 1979 only, manufacturers had the choice of using the NDIR method standard or the heated flame ioni;;ation detection method (HFID) standard, both are equivalent in stringency. From 1980 emis- sions are measured with the HFID method. All 1969-83 tests are steady state and 1984-86 vehicles could be certified to either a steady state standard or a transient standard. 1985 and newer diesel vehicles must be certified to the transient standard. All standards are expressed as grams per brake-horsepower-hour (g/bhp-hr) Unless otherwise noted. See additional standards listings for other emission requirements. Year 1969-71 1972 1973-74 1975-76 1977-78 1979 1980-83 1984-86 HC CO NOx HC and NOx 275 ppm 1.5% ........ 189 1.0 ........ From 1973 model year all standards are measured in grams per brake horsepower hour (g/bhp-hr) .... 40 g/bhp-hr .... 16 g/bhp-hr .... 3O .... 10 .... 25 .... 5 1.0 g/bhp-hr 25 7.5 g/bhp-hr .... HFID method 1.5 25 7.5 .... NDIR method 1.0 25 7.5 .... .... 25 .... 5 1.0 25 .... 6.0 .... 25 .... 5 steady state 0.5 25 .... 4.5 transient 1.3 15:5 5.1 .... These standards apply to gasoline, methanol, and all applicable gaseous-fueled engines except those 'engines derived from existing diesel-cycle engines. All vehicles are certified using the tr.ansient test procedure. Manufacturers of gasoline, natural gas, or liquefied petroleum gas en- gines may choose to certify to the total or the optional non-methane hydrocarbon standard. All standards are expressed as grams per brake-horsepower-hour (g/bhp-hr) unless otherwise noted. See additional standards listings for other emission requirements. Year Weight Hydrocarbons CO NOx lbs. non-methane total III 1987 8501-14,000 .... 1.1 g/bhp-hr 14.4 g/bhp-hr 10.6g/bhp-hr over 14,000 .... 1.9 37.1 10.6 1988-90 8501-14,000 .... 1.1 14.4 6.0 over 14,000 .... 1.9 37.1 6.0 1991and later 8501-14,000 0.9 g/bhp-hr 1.1 14.4 5.0 over 14,000 1.7 1.9 37.1 5.0 17 These standards apply to diesel, methanol, and all applicable gaseous-fueled engines including those engines derived from existing diesel-cycle engines. All vehicles are certified using the transient test procedure. Manufacturers of diesel, natural gas, or liquefied petroleum gas engines may choose to certify to either the total or the optional non-methane hydrocarbon standard. For methanol-fueled engines, the total hydrocarbons means organic material hydrocarbon equivalent (OMHCE). All standards are expressed as grams per brake-horsepower-hour (g/bhp-hr) unless otherwise noted. See additional standards listings for other emission requirements. Year Hydrocarbons CO NOx PM non-methane total 1987 optional .... 1.3 g/bhp-hr 15.5 g/bhp-hr 5.1 g/bhp-hr .... 1987-90 .... 1.3 15.5 6.0 0.60 g/bhp-hr 1991-93 1.2 g/bhp-hr 1.3 15.5 5.0 .0.25 1994 and later 1.2 1.3 15.5 5.0 0.10 Manufacturers may elect to certfiy to the optional NOx standard in 0.5 g/bhp-hr increments rang- ing from 0.5 to 3.5 g/bhp-hr for the 1994-95 model year and from 0.5 to 2.5 g/bhp-hr for 1996 and later models. A manufacturer may apply for an exemption from the 4.0 g/bhp-hr NOx requirement based on demonstrated technological need during the 1996-97 model years for up to 10% of the average of the manufacturer's sales for the three previous model years. Year - Hydrocarbons CO NOx PM non-methane total 1991-93 1.2 g/bhp-hr 1.3 g/bhp-hr 15.5 g/bhp-hr 5.0 g/bhp-hr 0.10 g/bhp-hr 1994-95 1.2 1.3 15.5 5.0 0.07 1994-95 optional 1.2 1.3 15.5 0.5-3.5 0.07 1996 and later 1.2 1.3 15.5 4.0 0.05 1996 and lateroptional 1.2 1.3 15.5 0.5-2.5 0.05 Additional heavy-duty engine and .vehicle requirements The opacity level of smoke for 1974 and later model year heavy duty diesel engines is 20% during engine acceleration, 15% during engine lugging, and 50% during the peaks in either mode. The smoke opacity test procedure is described in Title 40, CFR, Part 86, Subpart I. Effective for t987 and later model years, Carbon Monoxide emissions from engines utilizing exhaust after treatment technology shall not exceed 0.5 percent of the exhaust gas flow at curb idle. Heavy-duty vehicle smoke enforcement program Effective in November 1991,The Air Resources Board implemented an anti-smoke program for in- use heavy-duty vehicles. Inspection teams throughout the state test heavy-duty vehicles for exces- sive smoke and issue citations to those that do not pass the test. The test consists of a snap-idle test and a visual inspection for signs of visible tampering. Smoke standards are based on SAE test procedure J1243. The opacity standards must be met for the following engine model years: Year Peak Opacity 1990 and older engines 1991 and newer engines 55% 4O% 18 Motorcycles A motorcycle is a motor vehicle other than a tractor having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground and weighing less than 1500 pounds, except that four wheels may be contact with the ground when two wheels function as a sidecar. These standards are expressed as grams per kilometer (g/km). Motorcycle engine displacement is measured in cubic centimeters (cc). Standards for 1985 and later motorcycles, 280 cc or greater must be met on a corporate average basis. Year Displacement HC CO (cc) 1978-79 50-169 5.0 g/km 17 170-749 X g/km 17 over 750 14.0 17 1980-81 50 and over 5.0 17 1982-2/85 50-279 1.0 12 280 and over 2.5 12 3/85-1987 50-279 1.0 12 280 and over 1.4 12 1988 and later 50-279 1.0 12 280-699 1.0 12 700 and over 1.4 12 g/km X=5.0 + 0.0155(D-170) D=Engine displacement 19 Additional Emission Requirements Evaporative emissions standards were based upon the carbon trap procedure until 1977, when the Sealed Housing Evaporative Determination (SHED) test procedure was adopted for 1978 and later model years. The SHED standards, which are based on hot soak and diurnal emissions, apply to all 1978 and later gasoline, 1983 and later liquid petroleum, and 199~ and later methanol passen- ger cars, light-duty trucks, medium-duty vehicles, heavy-duty vehicles. Year Test type Hydrocarbons Notes 1970-71 carbon trap 6.0 g/test. 1972-77 carbon trap 2.0 1978-79 SHED 6.0 1980-94 SHED 2.0 1983-84 SHED 6.0 1985 and later SHED 2.0 50-279 cc motorcycles 1984-85 SHED 6.0 280 cc + motorcycles 1986 and later SHED 2.0 Beginning in 1995, hot soak and three-day diurnal emission standards and a running loss standard will be phased in over a four year period for the "useful life" of the vehicles. For hybrid vehicles the standards are effective from 1993. The useful life is defined in Title 13 of the California Code of Regulations. These standards do not apply to petroleum fueled diesel vehicles or motorcycles. The test procedure used for medium-duty vehicles (8501-14,000 lbs.) changes in 1996. Year Vehicle Type Hydrocarbons diurnal + hot soak running loss 1993 and later Hybrid electric vehicles 2.0 g/test 0.05 g/m 1995 1995 and later 1996 and later MDV 8501-14,000 lbs. GVW 2.0 PC, LDT and HDV 2.0 MDV 6001-8500 lbs. GVW 2.0 (with fuel tank >30 gallons) 2.5 MDV 8501-14,000 lbs. GVW 3.0 0.05 0.05 0.05 0.05 0.05 Beginning in 1996, for the vehicles phased in over the four year period for the hot soak, three-day diurnal emission standards and running loss standard, an additional supplemental test procedure will apply. The standards are for a two-day diurnal and hot soak test procedure differing from the test mentioned above. The standards apply for the useful life of the vehicle as defined in Title 13 of the California Code of Regulations. Year Vehicle Type Hydrocarbons ,, diurnal + hot soak 1996 and later Hybrid electric vehicles 2.5 g/test 1996 and later PC and LDT MDV 6001-8500 lbs. GVW (with fuel tank >30 gallons) MDV 8501-14,000 lbs. GVW HDV over 14,000 lbs. GVM 2.5 2.5 3.0 3.5 4.5 21 Manufacturers of methanol and flexible fueled passenger cars, light-duty trucks and medium-duty vehicles must comply with the following formaldehyde standards at 50,000 miles. The standards are in milligrams per mile. Vehicle Type Weight (lbs./ II Formaldehyde Passenger cars Light-duty trucks and Medium-duty vehicles Medium-duty vehicles All 15 mg/m 0-3750 15 3751-5750 18 5751-8750 22 8751-10,000 28 10,001-14,000 36 Low-Emission Vehicle Formaldehyde Exhaust Emission Standards To be certified by the Air Resources Board as a Iow-emission vehicle, passenger cars, light-duty trucks and medium-duty vehicles must also meet the following formaldehyde standards. The standards are in milligrams per mile. Vehicle Type Weight Mileage Category (lbs.) (miles) III Formaldehyde PC all 50,000 TLEV and LDT 0-3750 LEV ULEV 100,000 TLEV LEV ULEV LDT 3751-5750 50,000 TLEV LEV ULEV 100,000 TLEV LEV ULEV MDV 0-3750 50,000 LEV ULEV 120,000 LEV ULEV MDV 3751-5750 50,000 LEV ULEV 120,000 LEV ULEV MDV 5751-8500 50,000 LEV ULEV 120,000 LEV. ULEV 15 mg/m 15 8 18 18 11 18 18 9 23 23 13 15 8 22 12 18 9 27 13 22 11 32 16 22 MDV 8501-10,000 50,000 LEV ULEV 120,000 LEV ULEV MDV 10,001-14,000 50,000 LEV ULEV 120,000 LEV ULEV 28 mg/m 14 40 21 36 18 52 26 Methanol Heavy-duty Vehicle Formaldehyde standards Year Formaldehyde 1993-95 0.10 g/bhp-hr 1996 and later 0.05 g/bhp-hr Diesel passenger cars and light-duty trucks are subject to the following 50,000 mile particulate exhaust standards. Diesel vehicles are subject to the particulate standards at 100,000 miles for the Iow-emission vehicle categories. Medium-duty vehicle particulate standards vary according to the test weight classification and Iow-emission vehicle category of the vehicle. For further information, please see the medium-duty vehicle section. Year Category PM 1982-84 0.6 g/m 1985 0.4 1986-1988 0.2 1989 and later 0.08 1993 and later TLEV 0.08 LEV 0.08 ULEV 0.04 Beginning with the 1988 model-year, passenger cars, light-duty trucks and medium-duty vehicles with feedback control systems and three-way catalyst systems are required to be equipped with an on-board diagnostic (OBD I) system. There will be a phase in period of three years. Beginning with the 1994 model-year, passenger cars, light-duty trucks and medium-duty vehicles with feedback control systems and three-way catalyst systems are required to be equipped with an on-board diagnostic (OBD II) system. There will be a phase in period of two years 23 Motor vehicle fuel specifications The California Clean Air Act (CCAA) requires the ARB to achieve the maximum degree of emission reductions possible from vehicular and other mobile sources in order to attain the state ambient air quality standards at the earliest practicable date. In addition to the future stringent emission standards of the Low Emission Vehicle program adopted by the ARB in 1990, the ARB adopted the first phase of reformulated gasoline specifications to reduce emissions from the existing fleet. The Phase I specifications will achieve emission reductions without requiring substantial capital invest- ment by fuel producers. Lead: Starting January 1, 1992, all gasoline sold in California must be lead-free. The ARB's phase 1 reformulated gasoline specifications provide for two types of. gasoline: gasoline that meets ali the specifications for "unleaded" fuel, and gasoline that is lead-free but does not meet all the specifications for "unleaded" gasoline. Lead-free gasoline not represented as "unleaded" contains no lead, however, it may contain more than 300 parts per million sulfur, more than 0.005 gram per gallon phosphorus, or added manganese. Therefore, the gasoline not represented as "un'leaded" must be dispensed into motor vehicles through large diameter (15/16' O.D.) nozzle spouts. Fur- thermore, the phase I specifications provide that after January 1, 1994, all California gasoline must meet unleaded gasoline specifications. Deposit control additives: Starting January 1, 1992, deposit control additives must be used in gasoline. The additives must meet certification requirements pertaining to detergent and deposit control additives. For certification, the fuel must demonstrate that the gasoline formulation achieves specified performance criteria for controlling carburetor, port fuel injector, and intake valve deposits when tested in accordance with the test procedures adopted by the ARB. RVP: Beginning January 1, 1992, gasOline sold during Reid Vapor Pressure season, as defined in Section 2251 of the California Code of Regulations and illustrated on the map below~ is limited to 7.8 pounds per square inch; except San Diego County; which will now include April in its RVP season, and the Northeast Plateau air basin; which will now have a RVP season from June 1 through September 30. California 9 RVP Seasons. NORTH COAST I. AKE, VAt. I. EY MOUNTAU~ COUNTIF.5 J~E TAHOE FRANC, JSCO BAY NORTH CENTRAL COAST sou"tH CENTRAL A Apnl I - OctoDer 31 B May ! - OctoDer 31 C June 1 · Oc~oOur 31 D June I - SeplemDer 30 E May 1 - $~plemoer 30 SOUTH COAST Sad, i DIEGO GREAT VALLEYS A SOUT~ DF. SEF, 25 Phase II specifications are designed to achieve maximum reductions in criteria and toxic pollutants and in the mass and reactivity of emissions from gasoline-fueled vehicles while providing the flexibility for fuel producers to provide the "cleanest" possible gasoline at the least cost to the consumer. Starting April 1, 1996, ARB regulations for phase 2 gasoline (reformulated) take effect. These regulations affect eight major gasoline properties as shown in the table below. A two year extension was granted to small refiners to comply with the sulfur, olefin, '1'50 and Tg0 specifica- tions. In addition, the Board has adopted regulations which would set the wintertime oxygen content of gasoline at 1.8% to 2.2% by weight to limit carbon monoxide levels. The regulation will apply statewide beginning in 1992, however the control periods vary geographically. The control periods range from 3 to 4 months depending on the geographic region of the state. Fuel parameter Flat limit Averaging Cap Notes sulfur, ppmw 40 benzene, vol % 1.0 olefins, vol % 6.0 oxygen, wt% 1.8-2.2 T90, (°F) 3O0 T50, (°F) 210 aromatic HC, vol% 25 RVP, psi 7.0 3O 8O 0.8 1.2 4.O 10.0 .... 1.8 min. 2.7 max 290 330 200 220 22 30 .... 7.0 during control periods during contol periods Diesel exhaust contributes to a multitude of air quality problems. Diesel NOx plays a primary role in ozone formation, and particulate-matter (PM) emissions are a health concern. Sulfur contained in diesel fuel results in sulfur dioxide, sulfates and PM emitted in diesel engine exhaust. Many toxic compounds such as benzene, 1,3-butadiene and formaldehyde are found in the hydrocarbon portion of diesel exhaust. To address these concerns, the ARB in 1988 established the following specifications for diesel fuel sold after October 1, 1993. Fuel parameter sulfur, ppmw aromatic HC, vol % limit 500 10% Notes since 1985 diesel fuel sold in the South Coast Air Basin and Ventura County has met a 500 ppm sulfur standard 26 California law requires that an adequate number of Methanol stations be made available as the number of methanol vehicles sold increases. For a map of current Methanol fuel stations, please contact the California Energy Commission at: I (800) CEC-4M85 1 (800) 232-4685 · · ?.. Off-road sources Utility Engines Utility engines are engines used in lawn and garden equipment and other general utility equipment. · Standards adopted by the Air Resources Board apply to small utility and lawn and garden equipment that is powered by gasoline or diesel engines rated at under 25 horsepower· Standards are based on total engine displacement in cubic centimeters (cc). All standards are expressed in grams per brake-horsepower-hour (g/bhp-hr). Handheld equipment is subject to separate emission standards. Handheld equipment is defined as equipment in which the operator is required to fully suport the equipments weight for the equipment to properly perform its design function or equipment that requires the capability of operating in any position to properly preform its design function. No new engines shall be produced for sale to replace pre- 1995 model equipment after January 1, 1999, unless those engines comply with the 1995 model emission standards. Non-handheld equipment Year Displacement HC and NOx CO PM 1995-98 less than 225 cc 12.0 g/bhp-hr 300 g/bhp-hr 0.9 g/bhp-hr 225 CC and greater 10.0 300 0.9 1999 and later all 3.2 100 0.25 Hand held equipment Year 1995-98 1999 and later Displacement HC less than 20 cc 220 g/bhp-hr 20CC to less than 50 cc 180 50 cc and greater 120 all 50 CO NOx 600 g/bhp-hr 4.0 g/bhp-hr 600 4.0 300 4.0 130 4.0 PM 0.25 27 Heavy-duty Off-road Diesel Cycle Engines The heavy-duty off-road engines subject to ~egu'lation are those diesel cycle engines greater than. 175 horsepower, that are designed to be used in, but not limited to use in, the following applica- tions: tractors, backhoes, excavators, dozers, log skidders, trenchers, motor graders, portable generators and compressors, and other miscellaneous applications. Specifically excluded from the heavy-duty off road engine category are: locomotive engines, engines used to propel marine vessels, stationary internal combustion engines, transportable engines subject to district permi~ing rules which have been operated at a location for a period of one year or more on January 1, 1997, and stationary or transportable gas turbines for power generation. All standards are expressed in grams per brake-horsepower-hour, off-road steady state cycle test. Engines greater than 750 horsepower are subject to separate standards. Compliance with the standards is based upon the date of production of the engine, not the date of sale. No new engines shall be produced for sale to replace pre-1996 model equipment after January 1, 2000, unless those engines comply with the 1996 model emission standards. 175-750 horsepower engines Year HC CO NOx PM 1996-2000 1.0 g/bhp-hr 8.5 g/bhp-hr 6.9 g/bhp-hr 0.4 g/bhp-hr 2001 and later 1.0 8.5 5.8 0.16 Engines greater than 750 horsepower Year HC 2000 and later 1.0 g/bhp-hr CO NOx PM 8.5 g/bhp-hr 6.9 g/bhp-hr 0.4 g/bhp-hr Additional heavy-duty off-road diesel engine requirements The opacity level of smoke from 1996 and later engines in the modes listed must not exceed: 175-750 horsepower engines Year Lugging Acceleration Peak level 1996-2000 15% opacity 20% opacity 50% opacity 2001 and later 15 20 35 Engines greater than 750 horsepower Year Lugging 2000 and later 15% opacity Acceleration 20% opacity Peak level 50% opacity 28 Off-Highway Recreational Vehicles and Engines The off-highway recreational vehicles or engines are those two-stroke or four stroke, gasoline, diesel or alternate fueled engines that are designed to be used in, but not limited to use in, the following applications: off-road motorcycles, all-terrain vehicles, golf carts, go-karts 25 hp and greater, and specialty vehicles. All farm and construction engines and equipment preempted by the Environmental Protection Agency are not included within this category. 1997 and later model year all-terrain vehicles have the option of complying to an equivalent exhaust emission standard by using the utility test procedures set forth for 1995 and later small utility engines. Compliance with the standards is based upon the date of production of the engine, not the date of sale. No new engines shall-be produced for sale to replace pre-controlled model equipment after the implementation of the emission standards, unless those engines comply with the applicable emission standards. The zero-emission golf cart standard is applicable in federal ozone non-attainment areas only. Speciality Vehicle Engines (less than 25 horsepower) Year Displacement HC and NOx CO PM 1995-98 less than 225 cc 12.0 g/bhp-hr 300 g/bhp-hr 225 CC and greater 10.0 300 0.9 g/bhp-hr 0.9 1999 and later- all 3.2 100 0.25 Speciality Vehicle Engines and Go-Karts (greater than 25 horsepower) Year Displacement HC and NOx CO PM 1997 and later all 3.2 g/bhp-hr 100 g/bhp-hr 0.25 g/bhp-hr Off-Road Motorcycles and Ali-Terrain Vehicles Year Displacement HC CO 1997 and later greater than 90 cc 1.2 g/km 1999 and later less than 90 cc 1.2 Golf Carts 15.0 g/kin 15.0 Year HC CO NOx PM 1997 and later ZERO ZERO ZERO ZERO 29 Item No. 8b Date: September 20, 1995 AGENDA SUMMARY REPORT SUBJECT: Accept Engineering Study by Rau and Associates relative to the Repair of the Percolation Pond Levies at the City of Ukiah Wastewater Treatment Facility and Authorize Staff to proceed with the issuance of Requests for Bids to Accomplish the Repair. REPORT: Damage that occurred to the percolation pond levies during the winter of 1994-1995 placed the utilization of two ponds in jeopardy. The State Water Resource Control Board indicated by letter that the City of Ukiah should begin efforts to repair the damage before the winter of 1995-1996 or there was a possibility that they would restrict the utilization of these ponds until the repairs are completed. In addition, in order to apply for FEMA funds for this repair, an Engineering Evaluation needed to be completed, in order to determine the magnitude of repair costs. As a result, staff was granted Council approval to award an Engineering Contract to Rau and Associates to develop a repair methodology and all permits, and bid documents required to issue requests for bids. Attached for Council's consideration is the Engineering Report submitted by Rau and Associates. Their Engineer Estimate for this work is $263,012 including a 10% Contingency. Indications are that these repairs could be eligible for FEMA funds. However, in discussions with OES relative to these funds, they could give no indications as to the amount that could be awarded or when those funds will be available. RECOMMENDED ACTION: Accept Engineering Study by Rau and Associates relative to the Repair of the Percolation Pond Levies at the City of Ukiah Wastewater Treatment Facility and Authorize Staff to Proceed with the issuance of Requests for Bids to Accomplish the Repair. ALTERNATIVE COUNCIL POLICY OPTIONS: Deny Approval and Direct Staff as to any Alternatives. Acct. No. (If not budgeted): Appropriation Request: Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Prepared by: Darryl L. Barnes, Director of Public Utilities Coordinated with: Candace Horsley, City Manager Attachment: 1) Rau and Associates Report Acct. No. (if budgeted) APPROVED,~_~ ~~--~.~ GEORGE C. RAU WALTER HAYDON VICE PRESIOENT ANDREW E. BORDESSA VICE PI~SIO~NT ROGER VINCENT VICE PRE$1OEN? AND ASSOCIATES INC. CIVIL ENGINEERS · LAND SURVEYORS September 13, 1995 Mr. Daryl Barnes, Director of Public Utilities Mr. George Borecky, Water and Sewer Operations Superintendent City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Job Number 95-049 RE: SEWER POND LEVEE RESTORATION Gentlemen: Attached please find the Plans and Estimate for the referred-to project. Specifications and Geotechnical Report will be sent under separate cover. The This letter will present you with an overview of the project concept, some critical design decisions, some environmental and technical problems which were resolved, and an explanation of why the project was delayed in getting to final design. PROJECT CONCEPT The project is to protect the levees around the east end of three ponds at the City of Ukiah's Wastewater Treatment Plant, as well as along the southern most east-west levee. Loss of support threatens their integrity. The levees form the containment for the City's Wastewater, and are particularly critical during the winter months. The design team's objective was to develop a design which was economical to build, meet as many environmental objectives as practical, and be as simple as possible for the permitting process of the California Department of Fish and Game, the California Water Quality Control Board, and the U. S. Army Corps of Engineers. Another important criteria was to develop a solution which would not be construed in the future to have contributed to potential damage to adjacent landowners. The critical issue in the repair concept was the failure mechanism. The geotechnical report indicates that there is a very firm gravel and sand formation three to five feet deep in the overbank area immediately above the low flow channel and at the base of the slope which failed. The low flow channel is incised down into the firm older alluvium to depths of 5 to 10 feet. A row of trees developed along the top of the low flow channel area and are growing out of the firm layer of gravelly sand. 100 NORTH PINE STREET ° P.O. BOX M . UKIAH, CALIFORNIA 95482 ° 707-462-6536 . FAX 707-463-2729 Mr. Daryl Barnes, Mr. G~rge Borecky, September 13, 1995 Page 2 One of the basic decisions which was made is that this layer of firm material tends to erode very gradually over time and is not subject to rapid erosion, particularly when anchored together with the typical root growth of streamside vegetation such as willows. This geotechnical evaluation meant that: 1) work would not have to be done in the low-flow channel; 2) the streamside vegetation at the top of the low-flow channel would not have too be removed; 3) riparian vegetation would not be removed; 4) work can be done mostly "in the dry" rather than in holes submerged in water; 5) turbidity in the main stream would not be created by the construction; 6) construction can safely proceed during a few fall/early winter rains; 7) permits from all of the agencies should be simple and straight-forward with no complex environmental issues. CRITICAL DESIGN DECISIONS Once there was enough data to develop the damage repair concept, then other questions required resolution. They are listed below in a question and answer format for brevity: Question: What caused the bank to fail after performing well (with vegetation cover only) for a period of 20 years or more? Answer: The primary mode of failure was due to seepage pressure in the banks which literally "blew-out" the light silty material into the Russian River. Then the high water in the Russian River washed the suspended soil away. A quick drop in the high water level after the January crest probably contributed to the seepage pressure. Question: Were there any other contributing factors, such as eddies or vortexes from the rip- rap placed on the opposite bank? Mr. Daryl Barnes, Mr. George Borecky, September 13, 1995 Page 3 Answer: Direct physical observation during the March high water did not reveal any evidence of currents crossing the stream to cause the erosion. The geometrics of the channel alignment is a classical case of erosion on the opposite bank through impinging flow and deposition on the near bank because of low velocities. Observations at the site on the opposite bank indicate that very little erosion took place immediately adjacent to the downstream side of the heavy dp-rap placed there. That area, incidentally, has many mature trees (alder or willow) which survived the flood and apparently anchored the soil. Approximately 3 to 5 feet of material did settle back in the low flow channel on the City's side of the stream after the high water, indicating that it is on the low velocity side of the Russian River at this location. The average velocity in this reach of the River is between 7 and 9 feet per second during the 100 year flood. That range of velocity is considered moderate. Question: Why did mature trees which had lasted through the 1974, 1982, and 1986 high water suddenly wash out? Answer: There is no clearcut answer to this question. However, the rapid fall of the high water could certainly have contributed to the lateral water pressure which loosened up the soil and allowed the trees to topple over from water forces and the roots to be washed out. Once a few trees were lost, it would open up an area for other trees to topple over and be lost. The top of the low flow channel was not eroded to any discernable amount due to the trees in this area being "anchored" to very firm materials which were not subjected to the high lateral pore pressures which occurred up slope. Question: If pore pressure and the light surface soils in the higher portion of the bank were the most significant factor in the bank failure, how can the seepage be accommodated with a repair? Answer: The critical factor is to permit seepage to occur without allowing the fine soil particles to become mobilized. This is done by a layer of filter media protected from contamination by underlying soil through a filter fabric blanket wrapped around it. This provides the primary installation to allow seepage to occur from the bank into the river. Mr. Daryl Barnes, Mr. George Borecky, September 13, 1995 Page 4 The slope protection was selected too hold down the filter media and prevent it from eroding away in high water. Two alternatives were reviewed for slope protection, a reno mattress and gabion revetment, and standard rock slope protection. The reno mattress and gabion alternative was chosen because of economy and for some technical reasons. These are further described below. ENVIRONMENT CONSIDERATIONS At about the time that design was initiated on this project, the Coastal Conservancy made contact with the City to request that the City consider their master plan for riverine protection/enhancement along the Russian River. Coastal Conservancy Staff was concerned that the City not narrow down the stream channel and speed up the flow. The landowner on the opposite bank shared that concern. Other constraints were the potential removal of riparian vegetation for the repair, the potential effect on wetlands if any existed, and the potential failure of the levees if the construction were held up through another winter. The design addresses these constraints and concerns in the following manner: Vegetation and Wetlands: A study was conducted by Karen Theiss and Associates, Biological and Environmental Consultants, which concluded there were no wetlands in the proposed project area. The fringe of trees along the edge of the low flow channel will generally not be removed or weakened by the proposed construction. The reno mattress lining will support the typical vegetation now growing on the banks of the river in this area. We requested Karen Theiss to recommend a tree planting and maintenance program in the reno mattress installation. She concluded that this would not be practical, but that other native vegetation could thrive on the site. Floodplain/Channel Construction: The top of the slope protection is planned to reach Elevation 570. The 10 Year Flood Elevation is approximately at Elevation 572.13, the 50 Year Flood Elevation is approximately at Elevation 573.65 and the 100 Year Flood Elevation is approximately at Elevation 574.15. The elevation set will protect the area damaged in the latest high waters, but will not encroach out onto the natural overbank (floodplain) which is now occupied by the manmade levees containing the wastewater treatment plant storage ponds. The City is considering conducting a feasibility study to shorten the ponds and restore some of the historical overbank floodplain area. This project will not affect the area which may be considered and it will not have to be modified if that study were to conclude that the levee reconfiguration is feasible. Mr. Daryl Barnes, Mr. George Borecky, September 13, 1995 Page 5 The channel will not be constricted. In fact, the channel area will be slightly increased as a result of this project. Project Progress: The final recommended solution will have negligible long-term environmental impacts on the stream. Short-term impacts are of such a minimal nature that it is believed that the permits should progress through the agencies with minimal additional information requested. By having designed the project above the low-flow channel, work can progress during late fall/early winter. Fishery Issues: The small tributary which flows alongside the southern-most levee, has incised the channel and undermined the banks on both sides. This tributary is judged by the California Department of Fish and Game to be a viable spawning stream. The solution to the downcutting problem is a series of sheetpile checks in the channel. On the downstream side of each check, the stream is lowered to allow a three foot deep pool where fish can gather momentum to jump over the 1.5 foot high check into the next pool. This principal of stabilization with low check structures was employed on several stream stabilization projects financed by the Department of Fish and Game in the Tomki Watershed northeast of Willits. There were no fishery issues in the Russian River since all work will be conducted out of the low-flow channel. ECONOMIC ISSUES The design presented in the most economical of two alternatives considered to be practical solutions. If rip-rap (rock slope protection) were specified in lieu of the gabion structures, the base of the rock slope protection would have to be extended out into the stream, which could then affect the riparian vegetation adversely. In addition, it is estimated that it would cost an additional $25,000 if rip-rap were used in lieu of the reno mattress installation planned. PERMIT OVERVIEW California Department of Fish and Game: This permit is actually an agreement with the Owner. It is expected that agreement will be readily reached since the main portion of the work is outside the low-flow channel of the Russian River, and does not result in the loss of riparian vegetation or wetland habitat. The Department has 30 days by law to meet with the applicant to review the project. An "advance copy" is being sent to the local warden who issues the agreements as well as the "Official Application" to Yountville with the appropriate fee. Mr. Daryl Barnes, Mr. George Borecky, September 13, 1995 Page 6 California Regional Water Quality Control Board (RWQCB): There is no 'dischargeM from the proposed work and the disturbed area will be under five acres in size. Therefore, the RWQCB will normally defer to the CDF&G and Corps of Engineers. There may be a few questions to answer before they write their response. A construction Storm Water Pollution Prevention Plan (SWPPP) is required under the National Pollution Discharge Elimination System promulgated by the EPA if the total area of a site disturbed by construction is equal or greater than five acres. This project will have approximately one acre of disturbed area, so there should be no such permit required. (The only factor against this conclusion is the ongoing sewer plant project which may cause the RWQCB to combine the two areas on one piece of property and thus require a SWPPP.) Corps of Engineers: The design was consciously done to impact as little of the stream bank as possible, while still protecting it. The project could be interpreted to meet all of the requirements for a Nationwide Permit and that is how it was presented. The Corps makes the final determination and could interpret some things differently. This could require a "Notification Procedure" which would delay the project for two or three months. Consultation with the Corps occurred at several junctures in the project development and the project was adjusted to meet the standard criteria as clearly as possible. The final judgement is up to the Corps. ADJACENT PROPERTY LIABILITIES The project was designed to maintain the same waterway area or enlarge the waterway. The slope protection on the Russian River was situated to avoid directing flow onto an adjoining neighbor, increasing the velocity or increasing the depth for a given channel flow. At the side stream, a right of entry to cOnstruct a portion of the project will have to be obtained from the neighbor. The work will stabilize the channel at the outfall and will benefit the neighbor to a significant degree. For these reasons, it is unlikely that any future complaints will occur because of this project. DELAY IN COMPLETION OF ENGINEERING This project was delayed in its completion for several reasons. The first was that the high water and late spring rains prevented completion of the mapping until late May. The Mr. Daryl Barnes, Mr. George Borecky, September 13, 1995 Page 7 geotechnical boring work was also postponed once because of wet conditions and was finally done on June 7, 1995. By that time, a number of other projects were scheduled for completion, and this one became one to work into the schedule. Some delay occurred because of these other projects' schedule. Most of the delays in the last 60 days have been due to submitting an idea to the Corps or to CDF&G and then getting feedback which required a change or which required additional information. For example, the design had to be advanced to a significant degree before Karen Theiss could evaluate its effects on the vegetation. Therefore, the sequence of activities had to be scheduled linearly instead of concurrently. This did result in a cost-efficient design procedure, since the original budget appears to be adequate in spite of several redesigns based on the feedback of others. It is intended to provide a summary of pertinent facts and design decisions in this letter to interested City officials. In addition, at least one designer will be present at the City Council meeting on September 20 to answer questions. If you have any in the interim, please do not hesitate to call me. GCR:lam Very truly yours, George C. Rau Registered Civil Engineer 21908 Registered Geotechnical Engineer 00710 Expires 9-30-97 Attachments: Karen Theiss Report Opinion of Probable Construction Cost Project Plans RAU AND ASSOCIATES, INC. OPINION OF PROBABLE CONSTRUCTION COSTS CITY OF UKIAH WASTEWATER TREATMENT FACILITY RIVERBANK REPAIRS AND STABILIZATION Job No.: 95-049 Date: Sept. 13, 1995 File: QPRO\95049.WQ1 iTEM DESCRIPTION uNIT QUANTITY UNIT COST PRICE 1 Clear & Grub ACRE 1 $3,500 $3,500 2 Remove Chain Link Fence LF 250 $3 $750 3(F) Excavation CY 2,340 $10 $23,400 4(F) Embankment CY 480 $8 $3,600 5 Permeable Backing CY 615 $32 $19,680 6 Filter Fabric SY 3,661 $2 $7,322 7 Gabion & Reno Mattress CY 960 $120 $11 5,200 8 Rock Slope Protection - Light CY 240 $55 $13,200 9 Install Chain Link Fence LF 250 $20 $5,000 Subtotal Gabion Structure: $191,652 10(F) Excavation CY 290 $20 $5,800 11 (F) Embankment CY 150 $20 $3,000 12 Sheet Pile SF 1,275 $12 $15,300 13 Rock Slope Protection - Light CY 400 $55 $22,000 14 Erosion Control Blanket SY 450 $3 $1,350 Subtotal Weir Structures: $47,450 SUBTOTAL $239,102 (F)- Denotes Final Pay Quantity 10% CONTINGENCIES 23,910 TOTAL ESTIMATED COST $263,012 · o Karen Theiss and Associates Biological and Environmental Consultants 1933 Central Avenue · McKinleyville, CA 95521 · 707-839-0681 · FAX 707-839-4012 September 5, 1995 Mr. Andrew Bordessa Rau and Associates, Inc. 100 North Pine Street Ukiah, CA 95482 RE: Ukiah Sewage Treatment Pond Stabilization, Revegetation Considerations; KTA ~95-224 Dear Mr. Bordessa: I am writing to summarize our discussion of revegetation considerations following field review on August 23, 1995. It is my understanding that the entire project area plus much of the area downslope of the project area was stripped of vegetation after the high water events of last winter. The area downslope of the temporary access road on the east side of the treatment pond levee currently exhibits nearly 100% cover of invasive species, with rough cocklebur (Xanthium strumarium) being the dominant species. Vegetation cover on the temporary road and upslope area is about 20-25%, and is also characterized by ruderal (weedy) species: oats (Avena sativa), black mustard (Brassica niger), yellow star thistle (Centaurea solstitialis), teasel (Dipsacu$ fullonum), turkey mullein (Eremocarpus setigerus), wild tobacco (Nicotiana sp.), and curly dock (Rumex crispus). I surmise that the extent of cover is due in part to the steepness of the slope and the absence of topsoil. Given the extent of revegetation of the area following the last high water event, I recommend that the area be allowed to revegetate naturally. This will encourage the establishment of species adapted to the site, which will preclude the need for extensive maintenance in the area. The species which are present in the adjacent area should readily colonize the stabilized area, and provide extensive cover within a few years. The slope stabilization project will entail placement of Reno mattresses at a 2:1 slope; these will be anchored to gabions imbedded 8 to 9 feet below the road grade. This final slope approximates that below the temporary road, and should be much more conducive to natural revegetation than the existing steep conditions. I also recommend that excess silty sand (topsoil) be deposited on top of the mattresses after placement in order to provide substrate for root growth and to enhance the revegetation potential. Should you have any questions or comments, please give me a call. Thank you for the opportunity to assist your office with this project. Sincerely, KAREN THEISS AN~OCIATES Theiss Biological Surveys · Habitat Analysis · Mitigation Plans ° Environmental Documents ° Revegetation Plans Karen Theiss and Associates Biological and Environmental Consultants 1933 Central Avenue · McKinleyville, CA 95521 ° 707-839-0681 ° FAX 707-839-4012 WETLANDS INVESTIGATION UKIAH SEWAGE TREATHENT POND STABILIZATION AUGUST 1995 I INTRODUCTION The field investigation of the area proposed for stabilization at the Ukiah Sewage Treatment Ponds was Undertaken on Wednesday, August 23, 1995. The delineation of jurisdictional wetlands was carried out by Karen Theiss, following the currently applicable US Army Corps of Engineers (COE) criteria (Environmental Laboratory, 1987). The following report presents the results of the field investigation. The area slated for stabilization extends upslope from the temporary access road on the east side of the levee to the dike surrounding one of the sewage treatment ponds for the City of Ukiah. The project area was inundated by flood waters during the past winter, resulting in the loss of both soil and vegetation. The intent of the project is to stabilize the area with Reno mattresses anchored to buried gabions in order to protect the slope and, ultimately, the sewage ponds from future erosional forces of high water in the Russian River. All construction and excavation will occur either in the temporary roadbed or upslope from it; no activity is planned for downslope of the temporary road. II WETLANDS DEFINITIONS A. Wetlands - The US Army Corps of Engineers (COE) and Environmental Protection Agency (EPA) define jurisdictional wetlands as "those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas." [COE 33 CFR 328.3(b)]. This definition requires the presence of three conditions- 1. hydrophytic (water-loving) vegetation, 2. hydric (wet) soils, and 3. periodic inundation for a minimum of seven consecutive days during the growing season. B. Hydrophytic Vegetation - Hydrophytic vegetation includes "the sum total of macrophytic plant life that occurs in areas where the frequency and duration of inundation or soil saturation produce permanently or periodically saturated soils of sufficient duration to exert a controlling influence on the plant species present" (Environmental Laboratory, 1987). A list of over 7000 species of vascular plants found growing in wetland conditions has been ~95-zz4 Page 1 Biological Surveys · Habitat Analysis · Mitigation Plans · Environmental Documents · Revegetation Plans compiled by the US Fish and Wildlife Service (FWS), and is presented in the National List of Plant Species That Occur in Wetlands (Reed, 1988). These species are separated into categories based upon each species' frequency of occurrence in wetlands: 1. Obligate (OBL) species almost always occur in wetlands under natural conditions (>99% of the time); 2. Facultative wetland species (FACW) usually occur in wetlands (67-99% of the time), but are occasionally found in uplands; 3. Facultative (FAC) species occur with equal frequency in wetlands and uplands (33-66% of the time); 4. Facultative upland (FACU) species occur infrequently in wetlands (1-<33% of the time); 5. Obligate upland (UPL) species almost always occur in nonwetlands under natural conditions (>99% of the time); 6. The No Indicator (NI) designation is applied to those species for which insufficient information is available to determine an indicator status; 7. The Not Listed (NL) designation is applied to those species which are not included on the list. In general, an area supports hydrophytic vegetation if more that 50% of the composition of the dominant species from each stratum (canopy, understory, shrub, herb) are obligate wetland (OBL), facultative wetland (FACW) and/or facultative (FAC) species. C. Hydric Soils - These soils are defined as "soils that are saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper part" (USDA, 1987). Generally, this period of saturation, flooding, or ponding is one week or more during the period when soil temperatures are above biologic zero, 41° F (USDA, 1975). This time period varies with climatic region. Hydric mineral soils are often characterized by certain color features, including a low matrix colors as determined by use of the Munsell Soil Color Charts, and/or the presence of mottling (bright orange or dark red areas within the soil matrix) and/or gleying (bluish, greenish or grayish colors). Color criteria used to define hydric soils include a matrix chroma of 2 or less in mottled soils or a matrix chroma of 1 or less in unmottled soils (Environmental Laboratory, 1987 Part III, ~44.f.2 [pg.31-32]). #95-224 Page 2 III FEDERAL REGULATIONS Policies of the Federal government call for a "no net loss" of the acreage and values of the nation's wetlands. Hydrophytic vegetation, hydric soils, and wetland hydrology are required for an area to be considered a jurisdictional wetland. The COE issues permits for the discharge of fill or dredged material into the waters of the United States and adjacent wetlands, with program oversight by EPA. IV STATE OF CALIFORNIA On the State level, development within wetlands falls under the policy of the California Fish and Game Commission. The California Department of Fish and Game serves in an advisory capacity with regard to the fill and/or alteration of wetlands, and is generally a commenting agency for projects subjected to local, county, and/or State environmental review processes. The Department does not have permitting authority, but does act in an advisory capacity by 1) providing preliminary identification of wetlands for the landowner, 2) offering technical advice and recommendations to the landowner and interested agencies, and 3) acting as an advocate for wetland values when necessary. The Department uses the same criteria - vegetation, soils and hydrology - as the Federal agencies for determining a wetland. V RESULTS OF FIELD INVESTIGATION A field investigation of the project area was undertaken in order to determine if the area meets the jurisdictional wetlands criteria. Two sites were examined, one below the temporary road and one within it. The area below the temporary road exhibits characteristics transitional between upland and wetland conditions, while the temporary road itself exhibits upland conditions. The first site, located just south of boring hole ¢B-2, was inundated by high water during the past winter without total vegetation loss. A soils sample retrieved from this area revealed the presence of sandy silt with a matrix color of 10 YR 3/3 and no mottling. The soil surface appeared to be close to the pre-flood condition, based on its height in relation to adjacent vegetation. Vegetation at this spot was dominated by arroyo willow (Salix lasiolepis), a FACW species. The soil was cool but dry at 18 inches. This site likely represents the transition area between upland and wetland, since it supports wetland vegetation. Field data were recorded on a Wetlands Determination form, included in the appendix. The second site, located at boring hole ~B-4, was inundated and experienced total vegetation loss. A soils examination at this #95-224 Page 3 site revealed dry, sandy silty soils with a matrix color of 10 YR 3/3 and sparse, very faint mottling. There was no vegetation at the immediate sample site; dominant species noted nearby (within 10 feet) included wild oats (Arena sativa, NL), black mustard (Brassica niger, NL), yellow star thistle (Centaurea $olstitialis, NL), turkey mullein (Eremocarpus setigerus, NL), and rough cocklebur (Xanthium strumarium, FAC+). All of these plants have invaded since the high water event of the past winter. None of the parameters examined met the criteria for jurisdictional wetlands. Field data were recorded on a form for Atypical Situations, included in the appendix. VI BIBLIOGRAPHY Cowardin, L.M., V. Carter, F.C.Golet, E.T.LaRoe, 1979. Classification of Wetlands and Deepwater Habitats of the United States. Performed for the Office of Biological Services, Fish and Wildlife Service, U.S. Department of the Interior, Washington, D.C. 20240. FWS/OBS-79/31. Department of Defense, Corps of Engineers, Department of the Army, November 13, 1986. 33 CFR Parts 320 through 330, Regulatory Programs of the Corps of Engineers, Final Rule. Environmental Laboratory. Delineation Manual, Technical Waterways Experiment Station, 1987. Corps of Report Y-87-1, Vicksburg, Miss. Engineers Wetlands US Army engineer Hickman, James C., Ed. 1993. The Jepson Manual. University of California Press, Berkeley, CA. Reed, P.B., Jr. 1988. National List of Plant Species that Occur in Wetlands: California (Region 0). U.S. Fish and Wildlife Service, U. S. Department of the Interior, Biological Report 88 (26.10). United States Department of Agriculture, Soil Conservation Service, 1987. Hydric Soils of the United States. SCS, in cooperation with the National Technical Committee for Hydric Soils. Washington, D.C. ~, 1975. Soil Taxonomy. 436, Superintendent of Documents, Washington, D.C. Soil Survey Staff. Handbook No. U.S. Government Printing Office, #95-224 Page 4 APPENDTX #95-224 Pacje 5 ATYPICAL SITUATIONS Applicant Application Name: ~/2'//'~' ~/~ ~'//~F/~ Number: ~'-- Location: Plot Number: / A. VEGETATION: 1. Type of Alteration: 2. Effect on (Attach documentation) 4. Hydrophytic Vegetation? B. SOILS: i. Type of Alteration: ~~,' 2. Effect on Soils: ~. ~ ,.v, o 0, s o, ~,: ~/~ ~z./~,-~ (Attach documentation) · .~. ~~,, 4. Hydric Soils? Yes No .~ · C. HYDROLOGY: 1. Type of Alteration: 2. Effect on Hydrology: (Attach documentation) 4. Wetland Hydrology? Yes Characterized B WETLAND DETERMINATION Vegetation ~.list Ch~ .chreo ~ominan~ .specie~.im.emcH. vegetaci~n.'.tayer .(5 if .... only 1' or 2 layers)]. Indicate species with observed morphological or known physiological adaptations with an aaterisk, ' ' Indicator Indicator Species Status Species S~atds .. Trees 2. 8, ~aplin~s/shrubs ~oody ~. 10. 5. ~I. 6. 12. vines ! % of species that are OBL, FACW, and/or Hydrophycic vegetation: Yes ~' No , Basis~ Other indicators: ,,, Soil · Series and phase Mottled: Yea _ ~leyed~ Yes... Eydr~c soils: .,, On hydric Soils list? Yea ; No .. No,,~ Ocher indicaCors~ ~ ! · . Bydrology Inundated~ Yes Saturated soils: Ocher indicators: Wetland hydrology: Yes. A~ypical situation: Yes _ Norm~l'Circumstances? ~etland Determination: pomments~ ; No_~ , Depth of standing water: _ Yes, ; No.~ . Depth to saturated soil: ; No ? , 8asis~ ; No_~ Yes,w~ No_ We tland _ ; NouWeClaud. ~ Determined b~ ITEM NO. 9a MEETING DATE September 20. 1995 AGENDA SUMMARY REPORT SUBJECT: APPOINTMENT OF FIVE MEMBER BOARD OF APPEALS AS PER UNIFORM FIRE CODE SECTION 2.303, TO HEAR APPEALS OF FIRE CHIEF DETERMINATION OF NON-COMPLIANCE The California Fire Code requires that the City Council appoint a Board of Appeals to provide for reasonable interpretations of the Fire Code, among other duties. The Fire Marshal (as Fire Chief's designee) is an ex-officio member of the board and acts as secretary of the board. There is currently an appeal by Lee Howard to be heard. (continued page two) RECOMMENDED ACTION: Council appoint five member appeal board from among individuals on list provided. ALTERNATIVE COUNCIL POLICY OPTIONS: Council appoint five member appeal board from among individuals not on list provided. Acct. No.: N/A Acct. No.: (if NOT budgeted) Appropriation Requested: N/A Citizen Advised: N/A Requested by: Candace Horsley, Acting City Managerf~/~ ~,.... Prepared by: Roger A. Sprehn; Fire Marshal Coordinated with: Fred W. Keplinger, Director of Public Sa Attachments: Copy of Fire Code Section 2.303; Copy of letter of appeal from Lee Howard dated August 24, 1995; Copy of letter to Lee Howard from the Fire Marshal dated August 18, 1995; Copy of Fire Department Permit #95-04; Copy of Site Diagram for 1040 South State Street; Copy of work and site safety plan submitted by Lee Howard. APPROVED BY ITEM NO. qCZ MEETING DATE Seotember 20. 1995 PAGE 2 APPOINTMENT OF FIVE MEMBER BOARD OF APPEALS AS PER UNIFORM FIRE CODE SECTION 2.303, TO HEAR APPEALS OF FIRE CHIEF DETERMINATION OF NON-COMPLIANCE BACKGROUND: The California Fire Code, 1991 Edition, became effective 180 days after its January 1, 1992 publication date. Section 4.108.f.3.F. and section 79.103 of the 1991 Fire Code require that a permit be obtained from the Bureau of Fire Prevention to remove a flammable or combustible liquid tank. On July 31, 1995, Lee Howard, Lee Howard Construction, applied for a permit to remove an underground storage tank from property located at 1040 South State Street, Ukiah. The Fire Marshal required that the applicant submit a site diagram and a contractor's work and site safety plan, pursuant to Section 4.103 and Department Standard for such permit. These items were submitted on August 1, 1995. The permit was issued on August 1, 1995. The tank was removed on August 2, 1995. On August 8, 1995, a concerned citizen reported that the excavation was left open and unsecured from entry, constituting a safety hazard, specifically to children who had been seen playing in the area. Following a visit to the site, it is the opinion of the Fire Marshal that a safety hazard did in fact exist. On August 9, 1995, the Fire Marshal contacted Lee Howard Construction and left a message for Lee Howard about the safety hazard at the site. On August 15, 1995, Lee Howard called the Fire Marshal about an unrelated permit and the Fire Marshal asked him about this issue. Lee Howard stated that there was no safety hazard at the site and refused to ever fence the site. The Fire Marshal tried to explain to him the reasons for this requirement and the fact that it was in his own site safety plan and was a condition of the permit. He would not let the Fire Marshal finish the explanation and stated "you put it in writing, and you better make it stick". After bringing up issues unrelated to this issue, Lee Howard hung up. These issues ITEM NO. Cl ~ MEETING DATE September 20, 1995 PAGE 3 APPOINTMENT OF FIVE MEMBER BOARD OF APPEALS AS PER UNIFORM FIRE CODE SECTION 2.303, TO HEAR APPEALS OF FIRE CHIEF DETERMINATION OF NON-COMPLIANCE included his personal opinion about the permit process and the adequacy of the Fire Prevention Bureau. On August 18, 1995, the Fire Marshal sent a certified letter to Lee Howard giving him until August 24, 1995 to fence the site or back fill the excavation. This letter was never claimed by Lee Howard and was returned to the Fire Department as unclaimed. Copies were routed to the property owner as well as several other agencies who may have an interest in this issue. On August 24, 1995, the Fire Marshal received a letter signed by Lee Howard appealing the notice of August 18, 1995 to fence the site, thereby acknowledging the notice. It is the Fire Marshal's opinion that a significant safety hazard does, and continues to, exist on this site, and that the only possible remedies to this hazard are to secure the site from entry by fence or other suitable means or to back fill the hole. It is also the opinion of the Fire Marshal that site security is in fact a condition of the permit, and failure to comply with this condition is grounds to revoke the permit effective August 24, 1995. The continuation of this process without a valid permit is a violation of the Fire Code and as such is a misdemeanor violation of the Fire Code, Section 3.101. The Fire Code also states that each day such a violation continues is a separate count of the offense. A Board of Appeals needs to be appointed by the City Council to provide for reasonable interpretation of the provisions of the Fire Code. In this instance, specifically to determine the accuracy of interpretation of the code by the Fire Marshal. NO. Cl~:t MEETING DATE September 20, 1995 PAGE 4 REVISED APPOINTMENT OF FIVE MEMBER BOARD OF APPEALS AS PER UNIFORM FIRE CODE SECTION 2.303, TO HEAR APPEALS OF FIRE CHIEF DETERMINATION OF NON-COMPLIANCE REVISED LISTING The following persons have indicated they are willing to serve on a Fire Code Board of Appeals for the City of Ukiah: Jeff Smith; Fire Chief; Willits Fire Department Lawrence Mitchell; Architect; Ukiah Collin "Cai" Lewis; Fire Protection Consultant; Santa Rosa Scott McMenomey; Attorney; Ukiah Randy Collins; Fire Marshal or Robert Taylor; Fire Chief; Healdsburg Fire Department John Anastasio; Plan Checker; County of Mendocino Michael Ginn; Fire Marshal; City of Petaluma City Staff Options: Mike Harris; Assistant to the City Manager; City of Ukiah Carl Tuliback; Code Enforcement Officer; City of Ukiah Roe Sandelin; Deputy Operations Chief; City of Ukiah Fire Department 1991 UNIFORM FIRE CODE 2.301-2.303 representative and shall be accompanied by a full statement of the conditions. Suf_ ficient evidence or proof shall be submitted to substantiate any claim that may be CA LL[I m~,de.reg, ardin~g its conformance. The enforcing agency may require tests and the CA suomtsston ora test report from an approved testing organization as set forth in CA kll Section 1_59 to substantiate the equivalency of the proposed alternate means of CA kll protection. Approval of a request for use of an alternate material, assembly of materials, ~ kll equipment, method of construction, method of installation of equipment, or means CA of protection made pursuant to these provisions shall be limited to the particular CA case covered by request and shall not be construed as establishing any precedent for any future request. (e ) [for CSFM! Appeals. When a request for an alterate means of protection has CA beendeniedbytheenforcingagency, theappliantmayfileawrittenappealtothe CAil[ state fire marshal for consideration of the applicant's proposal. In considering C such appeal, the state fire marshal may seek the advice of the State Board of Fire Services. The state fire marshal shall, after considering all of the facts presented, A including any recommendation of the State Board of Fire Services, determine if the CA ~ [[ proposal is,for the purpose intended, at least equivalent to that specified in these C regulations in quality, strength, effectiveness,fire resistance, durability and safety, ~ andshalltransmitsuchfindingsandanyrecommendationstotheapplicantandto the enforcing agency. AL Technical Assistance ..= Sec. 2.302. To determine the acceptability of technologies, processes, products, facilities, materials and uses attending the design, operation or use of a building or premises subject to the inspection of the department, the chief is authorized to .--" require the owner or the person in possession or control of the building or premises _: to provide, without charge to the jurisdiction, a technical opinion and report. The opinion and report shall be prepared by a qualified engineer, specialist, laboratory or fire-safety specialty organization acceptable to the chief and the owner and shall analyze the fire-safety properties of the design, operation or use of the building or ---" premises and the facilities and appurtenances situated thereon, to recommend nec- essary changes. Board of Appeals Sec. 2.303. To determine the suitability of alternate materials and types of con- struction and to provide for reasonable interpretations of the provisions of this code, there shall be and hereby is created a board of appeals consisting of five members who are qualified by experience and training to pass upon pertinent mat- ters. The chief shall be an ex officio member and shall act as secretary of the board. The board of appeals shall be appointed by the executive body and shall hold office at their pleasure. The board shall adopt reasonable rules and regulations for con- ducting its investigations and shall render decisions and findings in writing to the fire chief, with a duplicate copy to the appellant. LEE HOWARD CONSTRUCTION COMPANY 3900 PARDUCCI ROAD UKIAH, CA 95482 ~. 707-462-69,~4 ._~--~ '/;- ~-' RECEIVED ~.. · .... AU~ 2 4 19~5 UKIAH RRE UKIAH, CALIFORNIA ./ 300 FRED ~/. KEPLINGER DIRECTOR OF PUBUC SAFETY 'MENT UKIAH. CA 95482 so OTHERS FIRE 707/463-6274 FAX 707/462-6068 August 18, 1995 Lee Howard Lee Howard Construction Company State License # 280777 3900 Parducci Road Ukiah, CA 95482 Dear Mr: Howard The Uniform Fire Code, as amended by the State of California requires that a permit issued by the local fire prevention bureau be obtained for the removal of a flammable or combustible liquid storage tank. UFC 4.108.f.3.F & UFC 79.103. Applications for permits shall be accompanied by such plans as required by the fire prevention bureau. UFC 4.103 On July 31, 1995 you made application for a permit to remove an underground tank from property located at 1040 South State Street, Ukiah. Pdor to issuance of the permit, I visited the site and found no reason to disapprove the site. . -. _, , Upon receipt of plans required for this permit by the prevention bureau (copy of requirements attached) this permit, #95-04, was issued on August 1, 1995, with an August 15, 1995 expiration date. One of the required plans (work & site safety plan) was submitted indicating that the site access was to be controlled by a fence and locked gate. (Page 10, item F.4.a.) This is one of the fire prevention bureau's requirements for issuance of a permit, as listed on the conditions for permit issuance. On August 8, 1995 a concerned citizen brought to my attention that the excavation site was still open and that there were no barriers to anyone entering the site, specifically children who had been seen playing in the large, dirt excavation. On August 9, 1995 I phoned your office and left a message about this issue. I was told that you would be informed of the situation. I can find no record that this call was responded to. Shortly after I phoned your office number and left the message, I visited the site and observed the excavation to be open, with no barriers to entry. Some of the edges of the excavation were very steep and I had a concern for the safety of anyone who might fall into the hole. This site is adjacent to residential areas. On August 15, 1995 you called me about an unrelated permit and I asked you about this issue. You stated that there was no safety hazard at the site and refused to ever fence the site. I tried to explain to you the reasons for this requirement and the fact that it was in your own site safety plan and was a condition of the permit. You would not let me finish my explanation and hung up after bringing up issues unrelated to this issue. These issues included your personal opinion about the permit process and the adequacy of the fire prevention bureau. Notice to comply with the site access requirements was given verbally, by phone on August 15, 1995 about 08:30 AM. As required.by the Fire Code, this letter serves as confirmation of that notice. You have until August 24, 1995 at 12:00 noon to comply with the site access control plan or complete the permitted process by backfilling the excavation. Failure to do so may result in permit revocation at which time you may be cited for viol&tfon of the Fire Code. Under the Fire Code, each day that the violation continues is a separate, citable offense. Roger A. Sprehn Fire Marshal · . cc: Sandra Phillips; Executor of Estate State of California Contractor's State License Board Mendocino County Environmental Health North Coast Regional Water Quality Control Board enclosures · . · o FRED W'. KEPLINGER DIRECTOR OF PU9UC SAFETY 'MENT UKIAH, CA 95482 UNDERGROUND TANK REMOVAL PERMIT PROCESS (revised 2-15-94) so OTHERS · "~' MAY LIVE FIRE 707/463-6274 FAX 707/462-6068 The Mendocino County Health Department, Environmental Health Division is the lead agency for underground tank removal permits. A Ukiah Fire Department permit must be obtained for issuance of a County permit to remove underground tanks. Fire Department permits are generally issued to the contractor performing the removal, since the applicant must be a licensed contractor for the removal. The following conditions apply to issuance of a City of Ukiah Fire Department Permit to remove underground tanks. I , Submit a Ukiah Fire Department Permit Application and permit fee of $25.00 for each tank to be removed. . Submit a contractor's work and site safety plan. Key points include: a. Assurance of public safety: fences, barricades, etc. bo Fire extinguishers: Minimum of two extinguishers rated 2A,10BC with-in 30' or two extinguishers rated 2A,20BC with-in 50' of all site locations. C. Tank vapor purging. Must be accomplished by use of dry-ice chips with TANK VENT LINES IN PLACE UNTIL PURGING OPERATION IS COMPLETED. Use of carbon dioxide gas is not an alternative. d° eo Accurate information on access t° emergency services. A site diagram showing location on property of tanks, fencing and other pertinent information. 3. The contractor must obtain or show proof of having a City of Ukiah Business license. . The contractor must submit a copy of a CURRENT, appropriate contractors license. ,~JJ_C..F.J~ General Engineering Contractor with hazardous materials endorsement from the State of California, Contractors License Bureau. C-12 License: May remove contaminated soil ONLY. . Removed, inerted tanks must be transported out of the City of Ukiah immediately following removal. NOTE: In extreme cases, the fire department may be required to stand-by at the scene because excessive gasoline vapors may create an explosive environment. If stand-by protection is required the cost for this stand-by is $100.00 per hour for each engine company. At least one company would respond. '00 IRE~I~EPARTMENT Seminary Avenue, Ukiah, Calif(. a 95482, Telephone 707/463-6274 APPLICATION LOCATION APPLICANT Street Address City, State & Zip Phone FOR PER/,~IT TO: Manufactu~, store, handle, .k~eep for sale, use, and/or ~pstqll the folio/wing: PROCESS OR OPERATION TO BE CONDUCTED: ~/_./~> ~r~'6 /~'~'J ~,.~ ? (Describe briefly what is to be done and state what hazardous materials used) A permit shall constitute permission to maintain, store, use or handle materials, or to conduct, processes which produce conditions hazardous to life or property, or to install equipment used in connection with such activities. A permit shall not take the place of any license required by law. A permit issued under the Fire Code shall continue until revoked or for such a period of time as designated therein at the time of issuance. A permit shall not be transferable and any change in use, occupancy, operation or owne, r~ip shall require a new permit. UKIAH FIRE DEPARTMENT Date Permit No. Permit Fee,_, Receipt No. Expiration PERMISSION IS HEREBY GRANTED TO: ~C--' TO CONDUCT THE FOLLOWING PROCESS OR OPERATION: Conditions, surroundings and arrangements are to be in accordance with Article , Fire Code. This permit is issued and accepted on the condition that all ordinance provisions novj~Rdopted, or that~g:laV--he~after be adopted shall be complied with. FiRE OFFiCiAL //~_/ /l ,*/~- .._,- Pg. 01 LEE HONARD ~ONSTRUCI ION COMPANY I o PROJECT DESCRIPTION AND RISK ANALYSIS Removal of fuel t:anKs & equipment SITE DESCRIPTION (att:ach map as appropriat:e) S. State SCreet, Ukiah DATES OF PROJECT (start/finish): Permi'C expires LOCATION (legal address) S. St:ate Street UKIAH, CA 95482 BRIEF PROJECT DESCRIPTION (include sources ~:o be sampled/removed): Removal of 1 - 250 gal. gas 1:arks & equipmenl: SURROUNDING COMMUNITY DESCRIPTION commerci.~l TOPOGRAPHY: Fid% NEATHER CONDITIONS: Var ied SIZF OF ,AREA AFFECTED/SIZE OF BUFFER ZONES: ho 't e ADD ope ITIONAL iNFORMATION (e.g. , nature of ci ient por%/requinements for* secur'.ity/safe~y, etc. ): ENTRY OBJECTIVES - 'The objective of the in it ial to the contaminated ;~cea is to (describe actions, tasks to be accomplished; f .e. , ident ff-y contaminated soil; monitor conditions, etc.): Remova 1 of fue i tank from underground, back'F LEE HOWARD CONSTRUCTION COMPANY Pg. 03 ON SITE ORGANIZATION AND PERSONNEL - The fo1 lowing personne] are designated co carry out the sta~ed job 1:unctions on s{l:e. Name Locat ion/Phone tra in ing ? PROJECT TEAM LEADER: A!ma Howard 462-6944 No SCIENTIFIC ADVISOR: Ginger 8renlee Pace Incorporated soil sample SITE SAFETY OFFICER: Lee bioward PUBLIC INFORMATION: ?4 / A 462-6944 cerl: ?/30/88 SECURITY OFFICER: N/A RECORDKEEPER: ;'4/A FINANCIAL OFFICER: N/A FIELD TEAM LEADER: Lee Howard FIELD TEAM MEMBERS: Dave Haas CONTRACTOR: ~280777 Contractors Licence Information Lee Howard Cons'Cruc'Cion Co Class C12, C34, C42, 3900 Parducci Road A, Haz Ukiah, Ca 95482 E×oires 01/31/93 COMP. CARRIER North Coast ~ui ]der Exchange (?07) 452-9019 Pg. 04 LEE HOWARD CONSTRUCTION COMPANY O. GOVERNMENTAL CONTACTS/Permits FEDERAL: N/A STATE AGENCIES: N/A LOCAL/COUNTY GOVERNMENT County of Mendoc~no Dept. of Public Health Div. of Env~ronmen1:a W~ 11 ~am R. Leach R.S. City of Ukiah Ukiah Fir*e Dept. 300 Seminary Ave. Ukiah, Ca Chief Lee M~chel ] Release report ~o: ~qendoc{no CounTy Office of Emergency 707-463-4420 (Mr. Smith) Sepv~ce LEE HOWARD CONSTRUCTION COMPANY Pg . 05 E. RISK ANALYSIS Tasks planned (review and attach Task Risk Anaiysis and Health and Safety plan) Underground Tank testing __ Tank Instal lation X_ Underground tank removals Confined space entry Drilling/soil wa~er Invest. X In it ia1 site entry Source Invest./Auger drilling Drum sample/haul X_ Water sampling/soil sampling Hazardous waste Handl ing/trans. X Excavat ion Other Construct ion o¢ Facil it Other Treatment System Opera'tions Other o Hazardous Material Antic{pared (based history, prel iminary monitoring, and No spi ]]s or ]eaks o1: note on review of s ire other observations Substance Source Underground tanks Reg' Gas '1 - 250 gal Concentration Potent{al Haz.. at source (soi 1 ) None has been Polution of reported in past: ground water (looks clean) ~aOle (See MSDS shee-C for additional informat:ion) LEE HONARD CONSTRUCTION COMPANY 3. Other potent {al hazaras: X X Radioact ive mater ia is explosives LEL UEL Dust i ness Flammabili'ty LEL UEL ( tempera~u re Corros iv hazards N./A Unknown hazardous suOscances ant ic ioaced Confined s,~aces / inaOeouate vent'f ]ac fen X Noise (source) Equ'7o. Hazards due to adjacent Non project work Specify: Asbestos O~her Indicate ~r"oceoures for es'Cimating and A1 1 residual t iquid ~i t ] be removed. Purg t:anK 0t: flammabie vapors to leveis t:hat: will preclude an explosion avoid lng r LEE HONARD CONSTRUCTION COMPANY 4. ldenEif ication and Assessment o¢ pr"edominant site nazmras: Thresho 1 d Chemicals PEL/TLV Odor route Acute Chron4c. (ppm) (ppm) exp. ( Health effects) Benzene 10/1 N/A innalat~on 'i,i,1-TCA 10/350 Note A " TCE 100/50 50 " Ethylbenzene 100/100 t40 " xytenes 100/100 200 note C N/A Leukemia Note B Liver/kidney " Skin rash " I iver/k{aney aamage A. Sweet chloroform like odor*: no quantitative data irritat{on to the eyes, nose, headache. C. May enter body through skin MSDS attached Pg. 08 LEE HONARO CONSTRUCTION COMPANY F. CONTROL i',IEASURES 'i. Persona'l Protect:ive equ,fpment a. Level of Protect,for & Tra,fn,fng ? T A. Lee Howard C A B. Dave Haas C A at job sit:e Specify by task (consult t:ank risk analys,fs and safety & heall:h pians). A. Backhoe B. La bor TASK Levei Operat:or C.Forman-Opera~or 0. La b Tec k C ,~,fnus resp{raEor C :1 Ii C u i~ C ~ ~1 b. Respirator(s) When str'ong bu~' ;d up oi: vapor TYPE i-la if Face AO cicero'fca CARTRIDGE (,fl appro) ........ car'er,fdge ~ R53A-11722B C o Glove(s) requ,fred: X Neopr, ene Rubber- ;'.,! itrate d. C lot: h ing requ i red: Tyvek Saranex Cotton covera V{ton PVC L i nets (for Level C) 'i s PE Tyvek PVC Ot:her Vinyl Pg. 09 LEE HONARD CONSTRUCTION COMPANY Other Orotective equipment: as necessary Hard hats X Hard toed ODD'ES Escape respirator X ..... Safety ?]asses Hearing protection ..... Goggles/face shield Boot covers Other 2. Monitoring & Equipment ReouirecJ: Explosive Atmospheres: Calibration data: 1/'15/90 Make: Gastechtor Mod 1314 Hydrocarbon super surveyor Organic Vapor Ara lyses: Calibration date: Various Air Contaminants (Specify contaminant ......... 1 Personal samp] in? pump and col lection media (Specify contam inants/'med i um: Other Equipment Specify:__Drager indicator' rude for benzene Required Safety and personal hygiene facilities: Temprary setup .... Shower/eye wash, where? .... A~z_Hose bid near building X ....... ~Nash ing fac { 1 it: {es, where?_Same as aOove X .... Drinking water, where?__Crew truck X___ First aid ki'm, where? ....... each pickuo truck Clean lunch/restaurant area, where? (unoeF, sea~c- LEE HONARD CONSTRUCTION COMPANY Sit:e Cont:roi Access t:o t:he site will be cont:roiled manner: Fence area locked gate in the fo' ~owing Personnei ent:ry cont:rois: Only personne] of Lee Howard Const:. wi;1 be permit:ted at t:he job sit:e, or c, eooie wil:h pr'ion approval count:y healt:h, fire oeo1:, Pace lab Personnel togging procedures: ___sign sheet:_at job si're b . Namings/pt:her ptays~ca] barriers: Area c'losed t.o general pub] ic Location of ~he on-site command ensure C,~at: i~ is located upwind prevai'i ~ng winds): ..... N/A pos~: (if appi ~cao !e, from sources, given it: will will not: x be necessary ~o estaOlish an exclusion zone and o'~her zone boundaries? If "Yes", describe boundaries and/or a~ach map of cont:rol ]ed areas. .'_eve i of oro~ec%ion Exc ius~on zone A LR C ion reduct ion zone A IB 73 Support: Zone N/A 5. Decontarninat ion Procedures: X Specific decont:ami'nat:ion procedures ,-are NOT AP~'L;CASL. E ...... Soi !ed proEec~ive clo~h~'ng and eouipmen~ disposed or c'ieaned with Ehe ,~opk area. (,-Gee general hea it:h and U DOn safety oian) Spec41= {c decont:am~'nat:{or, pr"ocedur'es A'"'E · , emergency ~econ~amination wi ] i occur a~: !?EOLJ i F:- O - the fo i lowing aecont:amir..a~ ion eauipment,/proce~'..~res Pg. I~ LEE HO~IARD CONSTRUCTION COMPANY 6. HazanOous ~as~e managemen~ and sp~ll control N/A This project wi ii which w~ 1 i be generate hazardous wastes stored teea~ed transported manifested ~n ~r~e following manner:_Tank and all equipment become the property of the contractor -- Sp i 1 i s and re 1 eases w i 1 I be managed accord ing ~I'~e emergency response plan. A spill ki~ ~s available on-site 'to mitigate spil is. 2-Stbs dry ciaem fire extinguisher',s 1-Bund ie of aosorption pads 1-251bm Oag sand 1-bag shavings type A, 8 & C to Federai hea 1 t h -Safecy- "'Safety is everyone Job." -God ~- ",No Accidents or Zn.jur. ies" and State ]aws estab] ish occupationa] s~andards and must be compl ira with at persona ~. Our standaro: Cal./OSHA State of California Construction Safety Orders. safety' and ali times 'I 2 b y Copy of standard are available for inspect{on and study ac our off ice, 3900 Parducci Road. SAFETY PROGRAM GENERAL 1. Demonstrate your interest in safety by establishing a firm and positive accident prevention policy that includes the supplying o'~ tangible items like iaard ha~s, good ladder, s, first aid ma~eria'fs, and safeEy devices on equipment. 2. Make certa~'n '~hat the foremen shouider ~heir share of responsib{1 {ty f"or accidents, and require a wr{~ben from them on eac~ accident. Require ~na~ each repor~ suggesbs a leas{htr means o¢ avoiding fubure accidents of a s'fmi lan nature. 3. Monthiy or more frequent, meetings of a)l fo.~eman should be held under directions of the superintendent for a discussion of safe~y problems and accidents thaE have occurred. Have some'Chang specific ready for discussion, such as safety regulations, or any changes in equipment and methods 'Char are to be adopted for safety reasons. 4. Display safety posters and warning signs. .A sign ~ndicat::ing how many consecuCive accident - free days having passed is of Een wor'.th~¢hi]e. 5. Consicier the advisabiiity of posting a list: of ali foreman who have kept their crews accident free for a certain per ~od of t ime. $. Consider ~he advisability of estab] ~shing various forms of safety competit:~on, including suitab]e rewards recognition to indfvidua]s and crew with good records. 7. Require foremen to give individu,ai safety instructions ana order*s, as needed, to new workel-s and those founa to be working unsafe ?q. 13 8. Consider the .~dv~sabiiity of: having the foremen cal t short "tool-box" or "tail-gate" safety meeting with their cr'ews abou~ once a ~.eek on the ,job, 'to emphasize some particuiar safety/ prob em ~hat needs special attention. 9. Keep track of your safety record and keep everyone posted as to progress. A gr'apn or chart, indicating gains or losses, is good for t:h~s purpose. 10. Encourage safety suggestions from ail workers and, the suggestion cannot be followed promptly, explain wry ~he workers. 11. Consider 'the advisability of giving each worker' a copy of cfr'rain important safety rules tha~ he is expected to ¢ol low. i2. Arrange for frequen~ and regular field safe~y inspect ions. Safety and General Operation I . A1 1 persons sba render every possib unsafe conditions o i 1 fo1 low these safe practices rules, ie aid co safe operat ions, and r'eoort .al ] r pratt ices to the proper author ity. 2. Foremen shall ins every rule, regulaEio conduce of the work, necessary to obta.fn o isc on employees observing and obeying n, and order as is necessary to the safe and shal 1 take such act ion as is bservance. 3. All employees shall be monCh. given frequent accioen~, prevention should be g iven a~ least once a 4. Anyone known to be under 1 iquor shal 1 not: be allowed cord it ion. ~:he influence of on the job whi e intox~cat in that 5. Horseplay, scuff] i an adverse influence o employees are prohibit ng, and other acts w n the safety or well ed. nich tend to have - being of the 6. Work shal 1 be we l 1 injuries -in tine hand l i 'cogelzher wi'Ch equipmen oianned and supervised 'co forestal 1 nq of heavy materiais and in working 7. No one shall knowingly be while his ability or alertness illness, or other causes that him or others to injury. permit'ced or required to work is so impa i red by fat igue, it might unnecessarily expose 8. Employees shall not enter manhole, undergr'ound vaults, chambers, tanks, silos, or o'~her similar places tha~ receive i ittie vent ilat ion, un less it has been determined ~ha~ the air conlzains no flammabie or toxic gases or vapors. 9. Employees should be alert to see Eha~ all guards and other protective devices are in proper p'laces and adjusted, ,and shall repor~ deficiencies promptly to the foremen or super intendenu. 10. Crowding or pushing wnen boarding or leaving any vehicle or other conveyance is prohibit:ed. il. b~orkers snai! no~ handle or 'Camper wibh any electrical emu ipmen'C, machinery, or" a ir' or water t ires in a manner no'~ within the scope of their dLlCies, unless they have received instructions fr"om ~heir ~oi'-emar,. '12. A1 1 injur'ies shall be reoor'~ed promplzly t.:o an aut:horized r"eoreser'~a~i',,,e of the employer-, so Ehac arr"angemen~s can be ma~e for medical or first a'fd Erea"CmenE. ?g.15 '13. When 1 if't:ing heavy ob,jec't:s, use the large muscles of the leg instead of the r~mal let'. muscles of 1:he back. 14. Shoes with Chin or badly worn soles shall nbc be worn. 15. Do no~ throw material, tools, or other objects from bu~ ldings or s~rucCures unti 1 proper pr"ecauCions are taken '~o protect others from one falling objec~ hazard. 16. Nash thoroughly after handling injurious or poisonous su0stances, and fol low al 1 special inst:ructions from authorized sources regarding this matter. Hands should be thoroughly cleaned just prior' to eating, if they have been ~n con~ac~ wi~h paint or similar substances. 17. The use of extension ladders when carrying loads. Such ]adders may provide adeauate strength, but: the rung position and rode arrangement make such climbing difficult and hazardous for Chis trade. 18. Arrange work so that you are to face ladder and use both hands while c i imbing. 19. Gasot ire shai 1 not be used for cleaning purposes. 20. No burning, welding, or other source of igination shall be applied to any enclosed tank or vessel, even if ~here are some openings, until it has first been determined 'Chat no possibility of exp]osion exists, and authority for the work is obtained from the emloyer's representative. ;1. Any damage ~o scaffolds, falsework, or other' supporting structures must be repaired or reported promptly to the foremen . USE OF TOOLS AND EQUIPMENT 22. Keem faces of hamm,,ers in good condition ~o avoid flying nails and bruised fingers. 23. Hold cold chisels in such a way that the knuckles wii ~ be protected if the hammer missed the head. Chisels srruck by others should be held by tongs or similar holding devices. 24. Ob not use pipe or s~ i lson wrenches as a subst itu'ce other wrenches. 25. ~renches shou Id not be a'lter'ed by ~he addition of hand ie - extension or' "cheater's." '28. FE !es sna!t be ec~uipoed wit:h handles. Never' use a file as a pinci~ oP pry. 2?. Do not lift a screwcirive as a cruise1. 28. Kee!) handsaws sharD. 29. Do not push wheelbarrow with handles in an upright pos i t i on. 30. Do not lift or. lower Oortab'le electric tools by means of the power cord. Use a rope. 31. OD not 'leave the topos of portable electric tools where cars or trucks will run over them. 32. In locations where the handling of a oortab]e power too] their is a pr'oblem,'try hanging it from some stabie object,by' means of a rode OF s imilaF support of adequate S*ZFength. ~ACHINERY AND VEHICLES 33. 0o not a~temDt to operate machinery or equipment special permission, unless that is one ot~ your regular du~ i es. 34. Loose or frayed clothing, dangi~ng ties;, finger rings,err., shall not be worn around moving machineFy or" otheF sources of err:anD Jement. 35. Machinery shall not be repaired or adjusted while in operation nor sha]i oiling of moving parts be attempted, except on equipment that is designed OF fiat:ed wi"ch safeguards to or'otect the person peFform~ng the work. 36. Do not work under vehicles supported by ,.]acks or chain hoists without protective blocking that w~ i I prevent injury if jacks or" hoists should fall. 37. Air hoses shou'ld no% be disconnected a'c compr'essoFs unti nose i ~ne has been btecJ. 30°. Examine excavation before backfi 1 1 ing, so as to be positive no one 'is in i'?:. 39. Be SUFe no one ir-; below, before operating excavating equipment near' 'tops of cu~.s, and cliffs. JOE} PLANNING (Before Start: Up} I. Safe access and movement (a) LWorKers (!) .AOequate work areas. (2) Adequate wa]kways and runways. (3) Aqequate ladders, stairways, or e]eva~ors. (4) ~ork areas and passageways clear o¢ ruDoish, debris, nails, ect. (b) Vehicies (I) Good roads. (a) Adequat:e t:urn space. Adequate parking ar'.ea. (c) Free from excessive mud and dump areas. (2) Separate mater'ia]s storage areas and dump areas. (3) Adequat:e s{gns, signals, rets., t:o route vehicies job. (4) Maintenance and repair of vehicles. or~ (c) Tools (I) Locat:e saw, 1::ooi sheds, off ice, et:c, conven ~enE place. (2) Cons{der ]oca~:~on ol= high - voltage (a) Arrange t:o move, de - energize ..or ff cont:act fs a possibi 1 ity. (3) Locate sanitary faci I ities, drinking ccc., for' safety and convenience. erec~ barn (2) Sci;eOuie ¥*iork for safe'[y (,a) Have safet:y m. at:er'ials on job when neemed, hat:s, %rencm ~acks, ]~fe belts, (b) P ian ,~ork so t:nat: t:oo many trades are hoc area at -Ere same 'E~me. hard sma I1 (3) ~or'k Proced (a) 54at:er ia !s (1) Met hods ( a ) Aoequ (b) Prope ciera (2) Met hods (a) Adequ (.b) ,°rope Hand of e atze s ¢* au}< tots , a~e s r' aux ~Tgg in Eou ~ main ion. e sup.oi ~es of ~he r'~qht ling leva~ing and handl ~ng ma~eria .Dace . ~ i iary equipment, ~ .e. , cranes, t:rucks, ec'~. ievacing and hand1 ing ma~eri~ Dace. i I iary equipment, i .e. , power' g, fork 1 if:ts,ecC. pmenE tenance, and c~re ~oois for ho i sis, Fi©Me i S : each Dar% (c) Pg. Workers and For'amen (1) proper ~ob placement. (2) Adequate training and supervis~or:,. (3) Adequate manpower. (4) Plans ,~or maintaining interest in safety. (A) Safety bu 1 'let ins, record charts, and posters (B) Recognition for groups or 4'ndiviua'ls either safety records (C) invest igation and report {ng on al I accidents (0) Know]edge o¢ safety orders. (E) Safety meetings. - ADOITIONS- I o , Equipmen~ to be used at the job site will i)e inspected for safety and contractor will submit form 'tSOR ~o the outhorized ¢*epresentative of Corps of Engineers prior to start up. Copy to office weekly on pr iva'te ~,ork. .A. cc~den~ reporting will comply with SPD ram :385-1-3 Corps of Engineers. The following employees have f~rs% aid training and ho!d car-os; - Oavid Haas Lee Howard -SAFETY- Requires ~hot each step o'f construc'cion aaaressea ~fch a Job Hazard Analys~s (in wr~c~r,g) prior, to commencement of work. Ali sub be given two cop{es of the safety program One copy 'for s'tudy One signed & returned acknowledgment of read ing. Safety plan co be posted on bulletin board at ~he .job site. Ag. 19 J OB ¢ - OF ~ ~ oA~- ETY FICER ~ Lee Howard 3900 Parducci Road Ukiah, CA 95482 70?-462-6944 EMERGENCY NOTICE Ambulance - Ukiah Ambu lance Fire Rescue CDF Sherit:f 01:1: ice Hospita] & emergency Phys{cian OSAH o¢1:ice 24hr. ¢ H P Of1:ice of eme¢-gency service This list Ts to be posed LIST 462-3001 911 462-8850 462-3866 462-8850 911 on 462-2934 463-4420 Procedure: .alert personnei to emergency Zn~orm ~ob safety o'ff~cer at ,on s once JOB TITL'-:F_ JOB LOCATION: JOB HAZARD Llkiaf~ Concr'et:e & S. State SbF'eet: ;~q . 20 ANALYSZS FORM P i De Da t: e: Ukiah 05-t 2-95 STEP Pre .job analysis & charact:er izat: ion Dewar:er tank hoie Lower ground around tank Remove pump & above ground equip Remova I of al 1 fuel from t:anK, purg t:ani< of flammable vapors Remove concrete from t:op of tank Remove f i i 1 around t:ank Li'ft: 1:ani< ouX Store So i I t:es'~ t:anR: hole 8acKf { ': ' r',o ie HAZARD NEW PROCEDURE OR PROT Possib'le contaminat:ion ~at:er, samn'ie of ground war:er 1:es~ e'lec shock lifting of equip explosion F'lammabil il:irs Exoiosion underground objec1:s Lift:ing ot: neavy object:s possible pun~une of t:ank exp'losion dropp lng Exp 1 os i on Cave in Oc1ve i Fl corr',oac~:ion equip wacker e~c . lock power t:ai I ga1:esess. t:est: area LEi._ UEL Have ext: ingu isher at: s i t:e Same as above LEL/UEL ioca~e & exposed by hand Use equip, sup hand d~g around tank 1:est: LEL/ELiL of t:ank use man- ufact:ured tif't eye & proper cable Purge 'tank test: LEL/UEL & ca D all o?,')en i rigs Use sample i~ole ~es~er NC) one en (fen ho Pr'oEect ive sl~oes/ear JOB HAZARO ANALYSiilf'~ Pg STEP P lumbing/p~pe r'emova 1 Equ i pment Air test tank to 2 psi Spray test tota i tank area Restore tank Clean up HAZARD tool misuse Lifting back back exoios ion stra in spray irritation eyes exolosion dirt:y r-:ouse PROCEDURE OR PRO tra in lng/super backup devices 2 sets o¢ gauges remote shut off to air suppiy wear eye prot. Purge tank test LEL/UEL & cap all openings tailgate sess ITEM NO. 9b DATE: September 20, 1995 AGENDA SUMMARY REPORT SUBJECT: BAD DEBT WRITE-OFF REPORT FOR FISCAL YEAR 1994/95 Attached for Council's review are the bad debts accumulated during the past fiscal year. The amounts to be written off are from utility billing and total $50,789.27. This represents 0.33% of the total billings generated during the period. This bad debt rate is better than the City's standard of ~ of 1 percent of billings as an allowance for doubtful accounts. After review by Council, staff will adjust the "allowance for doubtful accounts" in the general ledger by the actual write off amount. To measure collection performance, utility billing revenues for the year were compared to this loss. Of the total billings of $15.5 million, 99.67% were collected through the efforts of the utility billing staff and the collection agencies. Conversely, of the total billings of $15.5 million, 0.33% were bad debts. Attached is a schedule that identifies the general reason for the write off and the amount associated with it. (Continued - Page 2) RECOMMENDED ACTION: Review and approve the Bad Debt Write off for fiscal year 1994/95 in the amount of $50,789.27. ALTERNATE COUNCIL POLICY OPTIONS: 1. Not approve the bad debt write off. 2. Suggest alternative collection methods Acct. No. (if NOT budgeted): N/A Acct. No.: 612.116.100 $ 4,438.98 670.116.100 5,561.43 800.116.100 35,552.49 805.116.100 421.55 820. 116. 100 4,814.82 Prepared by: Gordon Elton, Finance Director~. Attachments: Bad debt summary, graphs and detailed listings A ROV D: GE: BAD-DEBT. AGN BAD DEBT WRITE-OFF REPORT (Continued) The following information illustrates the volume of late paying accounts compared to the total customer volume during fiscal year 1994/95. Average No. Day* Event/Notice Of Customers Percent 1 Initial billing issued 8,092 100% 30 Reminder billing notice 4,850** 60% 36 Delinquent letter 1,132 14% 46 Final Notice 427 5.3% 53-55 Electric service disconnected 47 0.58% * Actual number of days may increase due to holidays and weekends. ** Estimated amount. This volume is not counted. As the above numbers indicate, the majority of the customers wait until the reminder notice is mailed before paying their bill. Sewer customers who have unpaid balances when the next bill is issued are assessed a 10% penalty on their sewer charge. No additional late charges are assessed until the "Final Notice" is issued. More than 9 out of 10 customers have paid before this happens. The Customer Service Representatives interact with the customers at each of the steps in the collection process. They continually strive for the right balance between firmness and flexibility that promotes good customer relations and a high level of collections. They utilize all the options available within the City policies and procedures to allow continued utility service and obtain payment for balances due. Not all customers pay their accounts within the allowed time limits and have their utilities discontinued. When accounts are closed with balances due, a series of three letters and various telephone calls are made before a decision is made to pursue small claims and/or collection agency action. Accounts are pursued even after the Council has taken action to write-off the account. Amounts collected on written-off accounts are recorded as adjustments to the "Allowance for doubtful Accounts" GE:BAD-DEBT.AGN Z 0 0 >" E rn o ,,u-8 LU ~ 0 ~ 0 ~ ~ ~ 0 ~ ~ ~ ~ 0 ~ ~0~ O0 0~ ~ ~0~~ O0 ~ 0 ~~ 0 ~ ~ ~ 0 ~~ 0 ~ ~ ~ 0 ~ ~ ~ ~ ~ 0 ~ ~ ~ ~ 0 0 O~ ~ ~ ~0~ ~ O0 0 O~ ~ z o m z ~ 0 ~ 0 o ~o ~ ~ ~ ~° o o~~ ~ oSo~ ~~~o~~ °~ ~ ~°~~ ~ I I I I I I I I I i I i I <moowm~ m~z O~I~D~ Z 0 0 >" E I~ 0 0 I-. z LU U.I < < 0 ~ 0 ~ 0 ~ 0 ~ 0 ~' 0') OG 04 04 ~-' ~ 0 0 o c5 c5 o c~ c5 c5 cS o :lueo.~ed J.jo-e:IpM 0 0 0 0 0 0 0 0 0 0 0 0 o c~ c~ o ~ o 0 0 0 0 0 0 0 0 0 0 0 0 :lunotuv B¢~N~¢ON~O~OO~N~$N~$¢~O~O0$¢~~ ~~O0~00~~~~~O ~~O~ OOOO~O~O~NOmON~OOO~HOO~OONNO~mN ~NNN~N~N~N~NO~NN~NNG~NN~O~~O 0~OO~O~OOOO00~00~OOO~000~O~OOOO~ U. t~ Z*~ P-cOO, 000 N NNN N NNNNNNNNNN N NNNNNNNN N N NNNNNN L~J Z 000 ~-~ ~4 ,-~ NNN NNNNNNNNN~N 0 NNNNNNNN Z~Z~ZZ~ NNNNNNNNNN I I I Oreo Z NNN ! ~00~0~0 000 0 · N W. Z w ~O~N~~~O~ NNNNNNNNNNNNN NNN ~0~~~000~~~ O00~~O~O~~O~NO~N O00000000000CO000~O00~ ~Z~Z~ z ZZZ~ ~~ ~~UJ~W~J~ LU Z 0 z NNNNNNNNNNNNNNNNNNNNNN UJ ~-~.. . ~ · 000000000000~0~00~00~00000000000~00000000~00 00- IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN O~~~O~N~ NNNNNNNNNNNNNNN NNNNNNNNNNNNNNN 0o-.11- ~'~ c0 0 ooo0ooo~0~00o~0~o00o~o~oooooo ~o~~00~ LL ~Z z I-- oo~ ZZ z ~u~' ~ZZ ~NNN NNNNNNNNNNNNNN N N NNN{",J N NNNNNNNNNNNN NN'NNNNNNNNNN oo 0~0o0 0o0 0~00o i~o--0 oo0ooo00~o~ ~'Z NNNNNNNN~~~~ NNNNNNNNNNNNNNNNNNN ~ z z NNNNNNNNNNNNNNNNN · ITEM NO. 9c DATE: September 20, 1995 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION OF PROPOSALS FROM EXECUTIVE SEARCH FIRMS FOR THE CITY MANAGER RECRUITMENT Staff contacted eight executive search firms, some of which were recommended to us by other cities and agencies, and requested that they submit proposals to conduct our City Manager recruitment. We have received proposals from all eight of these firms. Attached is a table which provides pertinent information from each of the proposals, including fees and expenses, estimated timeframe, whether or not the firm has candidates submit a supplemental questionnaire, whether the firm assists in negotiating the compensation package, and miscellaneous information. Most of the firms have indicated that they would conduct a nationwide search and advertise in such publications as the ICMA Newsletter, Western City Magazine, and Jobs Available. The complete proposals are also attached for Council's consideration. After review and consideration of the proposals, Staff requests direction from Council on how it desires to proceed in the selection process for the executive search firm. Staff can schedule interviews for those firms the Council is most interested in or selection can be made from the proposals themselves. RECOMMENDED ACTION: Review and consider proposals from executive search firms to conduct City Manager recruitment, and provide direction to staff on selection process. Acct. No. (if NOT budgeted): N/A Acct. No.: (if budgeted) ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Request proposals be solicited from additional firms. 2. Do not utilize executive search firm. Appropriation Requested: N/A Citizen Advised: N/A Requested by: N/A Prepared by- Kari Revheim, Personnel Assistant~ Coordinated with- Candace Horsley, City Manager Attachments: 1. Proposal Tabulation. 2. Proposals from Executive Search Firms. APPROVED: ~/~ ~ H PROPOSAL TO SERVE AS INDEPENDENT CONTRACTOR CITY OF UKIAH SEARCH FOR CITY MANAGER Submitted by Watson Associates 349 Grand View Drive Vacaville, California 95688 Phone and Fax - (707) 446-8200 E-mail- rwatson@community.net August 21,1995 CONTENTS Page Proposal letter Scope of work Summary resumes of Watson Associates Total fee and expense of watson Associates in search for City Manager of Ukiah Potential Advertisement Exhibit A - proposed City Manager profile questionnaire WAWATSON ASSOCIATES Organization and Management Development Ms. Candace Horsley Interim City Manager 300 Seminary Avenue Ukiah, CA. 95482 August 21, 1995 Dear Candace, It was nice talking with you today, and I appreciate the opportunity to present my firm's proposal and qualifications to serve the City in the recruitment of your next City Manager. I realize that you are in the beginning phase of determining your approach to the City Manager search. There are some events coming up soon that can be most useful, especially the International City/County Management Association Conference I mention below. I have found it to be an excellent source for discussing opportunities with potential candidates. There would be no fee or expenses that the City would have to bear for my attendance and efforts at the conference in its regard. If the Council ultimately intends to retain my firm's services, it would be advantageous to know this before my going to the conference, which begins in less than four weeks. I have assembled several documents that describe the approach we would take overseeing the search for your City Manager. They are as follows: 1. Scope of work To provide you quality service at the most economical price, I have adjusted several items from our normal approach to pricing. We will be providing some services at little or no cost, such as our efforts at the International City/County Management Association conference in Denver in mid September and the work on the advertisement and candidate profile. I have already developed these through previous searches we have conducted. For the Oral Board, we suggest that you pick three to four local business people or residents. We will provide two or three professional City Managers for the Board. You will note that we have scheduled two days for the City Council interviews. We have suggested that the Council conduct interviews of all candidates on Saturday, January 6, 1996 (no more than six candidates referred by the Oral Board). At the completion of the day on Saturday, the Council will pick one to three candidates they would like back the following day for one-on-one interviews with each Council member. These are very informal, and can be done by walking with each finalist, having coffee with each finalist, touting the town, etc. This is a final "chemistry" check. We meet after this and the Council decides which candidate they want. It is important to note that our estimate is a not to exceed, and we will try to keep fees and expenses a low as possible. We will only charge for what we do, up to the maximum amount. 349 Grand View Drive · Vacaville, California 95688 · Telephone and FAX (707) 446-8200 2. Summary resumes As you can tell from the resumes of the three of us that will be involved, we have extensive experience as practitioners in government management. We think this sets us apart from other firms that do searches because of our direct personal contacts and knowledge of a considerable number of people. As practitioners, we have access where other firms may not, such as the annual City Managers Conference and the ICMA conference mentioned above. 3. Total Fee and Expense Please refer to attachment "Total Fee and Expense of Watson Associates in Search for City Manager of City of Ukiah." All of us having been recently associated in the management of cities and counties recognize the financial problems they face, and we therefor do all we can to hold down fees and expenses. 4. Potential advertisement I have created a proposed advertisement which is similar to what we have used before. Obviously I would have to explore with you a clearer definition of Ukiah's present character for the advertisement, and the Council would have to resolve some matters such as salary and housing assistance. 5. City Manager Profile Questionnaire I have attached the questionnaire we put together for our search in Sausalito. It was given to 22 local residents and business people that the Council chose. It was also given to each Department Head and other key management personnel. The Council answered it and an additional section dealing with matters of concern only to the Council. I believe that we can take this format, alter it only slightly, and use it in Ukiah. As you know, I served as Ukiah Interim City Manager for nine months until January 1990, and Mr. Beltrami was Mendocino County Administrator for 25 years and a member of the Ukiah Civil Service Board from 1990 to 1994. We believe that these local connections will help us to better customize our search to meet your needs. We have conducted several searches in the past, and believe that our approach and understanding of municipal affairs through our extensive experience will be of great benefit to you. We look forward to the possibility of serving you. Richard E. Watson, Principal WATSON ASSOCIATES SCOPE OF WORK City Manager Search for the City of Ukiah Target Date Task Hours Principal Associates Ongoing until Filing date Personal contact with promising candidates known to consultants throughout California and nation 10 10 9-5-95 Council retains Watson Associates 0 0 9-6 Develop candidate profile questionnaire and present to City for completion. 0 0 9-6 Prepare and arrange for ads (Western City, Jobs Available, ICMA, California County) 1 1 9-14 Summarize candidate profile and prepare draft brochure 8 9-16/20 Actively recruit at ICMA conference in Denver 9-26 Meet with Council and complete profile/brochure 3 (special meeting) 9-27 Develop final brochure and reproduce 5 10-2 Distribute brochures to promising candidates 4 10-16 Ads appear in all publications 0 11-20 Final filing date 0 11-27 Complete review of applications including ranking and summary reports, and initial references 16 14 12-2/3 Interview top 20 candidates at two locations 20 20 12-8 Narrow to 10 to 12 candidates, complete extensive candidate profiles from 12-2/3 interviews for Oral Board, distribute to Oral Board 13 Target Date 12-16/17 12-22 1-6/7 1-9 1-10 1-12 1-19 1-23 2-19 Task Hours Principal Oral Board interviews candidates (Watson Asso. videos interviews for later Council review). Oral Board reduces candidates to no more than 6 12 Extensive reference checks of top 6, prepare videos for Council and distribute, complete candidate reports 8 Council interviews 10 Negotiate compensation/benefit/housing package with selected candidate, and report to Council Intensive background check of selected candidate 2 Selected candidate meets individually with Dept. Heads and Watson reports back to Council 3 Two Council members and Watson visit candidate's City for interviews with staff/Council/business/media 5 Council announces appointment of City Manager (special meeting) Candidate reports to work. Associates 12 FEE BASIS Principal at 125 hours (see breakdown above) X $50 = Associates at 72 hours (see breakdown above) X $40 = TOTAL ESTIMATED FEES FOR ENGAGEMENT ....... $6,250 $2,880 $9,130 SUMMARY RESUMES OF WATSON ASSOCIATES FOR CITY MANAGER SEARCH FOR THE CITY OF UKIAH Principal: Richard E. Watson 1988 to present: ffi Four interim management assignments: recently completed service as interim City Manager of Sausalito, former Interim City Manager of Ukiah, former interim General Manager of the Monterey Regional Water Pollution Control Agency and Marina County Water District. 1 Fourteen consulting engagements for 18 different public agencies, including counties, cities, schools, and special districts, dealing with such things as organization development, goal setting, strategic planning, evaluation, and executive search. 1982 to 1988: County Manager of Solano County, California 1980 to 1982: Regional Coordinator (western U.S.) of Governmental Services, Ernst & Whinney (now Ernst & Young) 1973 to 1980: Executive Director California State Association of Counties 1967 to 1973: City Manager of Millbrae, California 1961 to 1967: Assistant City Manager of Monterey and Alameda Some memberships and positions held: ffi Member Governor's Restructuring Advisory Panel Full member of International City/County Managers' Association Member American Society of Public Administration Former Director of National Association of County Administrators Former Director California City Manager/s' Executive Committee (eight years) Former Director Institute for Local Self Government Former Vice President Golden Gate Chapter Red Cross Former President Coyote Point Museum Board Associate: Albert P. Beltrami 1993 to present: Deputy Director, Intergovernmental Affairs, Office of Governor Wilson 1991 to 1993 : Chief Executive Officer, County of Stanislaus, California 1990 to 1991 : Three interim management positions: Interim Chief Administrative Officer, County of Stanislaus, Ca.; Interim City Manager City of Rio Dell, Ca.; Interim Associate General Manager Marina County Water District, Monterey County 1965 to 1990 : County Administrative Officer, County of Mendocino, Ca. 1960 to 1965 : Assistant County Administrative Officer, County of San Luis Obispo, Ca. Albert Beltrami (continued) Some memberships and positions held: l_ County Administrative Officers Association of Calif. (President in 1982) 1 Regional Water Quality Control Board, North Coast Region, Chairman and member I California Law Enforcement Telecommunications System Advisory Committee I School of Public Administration Advisory Committees of Sonoma State University and Golden Gate University. I Full member of International City/County Managers' Association I Ukiah Civil Service Board, 1990-94. I American Academy of Political Science. I American Society of Public Administration. Associate: Michael Manick July 1988 to present: Interim Police Chief of Corcoran, Hollister, and Lincoln. Interim City Manager of Lincoln Law enforcement consultant San Jose Interim Director of Security San Jose Airport Consultant in various capacities including: conducted various executive searches and performed intense background reviews of candidates; assisted Shannon Associates, a search firm headquartered in Sacramento, in various executive searches; associate with Watson Associates in study of Public Safety Department of the City of Marina; police department master plan and conducting background investigations; developing RFP for contractual police services; negotiated and instituted public safety department combining both police and fire services; facilitated the absorption of specialized law enforcement department by large municipal police agency; and several other similar studies and activities. January 1986 to June 1988: Chief of Police Hayward April 1981 to December 1985' Chief of Police of Union City February 1978 to March 1981' Chief of Police Tiburon Master of Public Administration - Golden Gate University Several affiliations including Public Safety Committee of League of California Cities; California Police Chiefs Association; and California Police Officers Association. Mr. Beltrami and Mr. Manick will assist the Principal in the initial candidate interviews and will conduct intensive background reviews of the semifinalist and finalist candidates. They will also participate in initial personal contacts of potential candidates, and application reviews. TOTAL FEE AND EXPENSE OF WATSON ASSOCIATES IN SEARCH FOR CITY MANAGER OF CITY OF UKIAH Estimated fee (see scope of work on pages 3 and 4)) $9,130 Estimated Expenses (see discussion below) 2~800 TOTAL NOT TO EXCEED FEE AND EXPENSES $11,930 Please note that we will give you a detailed accounting of the hours we devote to this engagement. The $11,930 is an amount we will not exceed unless the Council wishes additional services. If our hours and expenses are less than estimated, then we will bill for an amount under the $11,930. There may also be some elements in the scope of work you would like to modify before we start, which could either raise or lower our proposed fee. You will receive a detailed accounting of our expenses. Expenses assume the Principal making at least seven trips to Ukiah, the Associates may make a few, and we anticipate travel to consult with each other. All of this will be by automobile, and we estimate a total cost not exceeding $700. We will not charge a fee for time spent in travel. $200 is the estimate for the Principal's trip to the selected candidate's city. There will be transportation and other expenses for the two initial interviews with the Principal and an Associate. These are estimated at $250 each for each person for a total of $500. Another $500 is for lodging if necessary in Ukiah, and for room rental for the two initial interview locations, one in San Francisco, another probably in Los Angeles. $550 is estimated for supplies, brochure production, phone calls, etc. Another $350 is estimated for meals, incidental expenses, and unforeseen circumstances. The City is expected to directly pay for such things as the advertising, arrangements for the Oral Board and Council interviews in Ukiah, including meals for those interviewing, and candidate travel and expenses. This is a matter that must be decided by the Council. We suggest that the City only bear the candidate travel and expense for the City Council interviews. The candidates should pay their own travel and expenses for the initial interviews with the consultants, and for the Oral Board. POTENTIAL ADVERTISEMENT CITY MANAGER- The City of Ukiah, California, located in the beautiful UlSah Valley of Mendocino Countw and one and one-half hours north of San Francisco, is seeking an experienced, innovative and progressive public manager with a strong financial background to be City Manager of a City of 14,599 and a service population of 30,000 with a $__ annual budget and with__ full time employees. U~ah is a prestigious residential community, well situated to local cultural and scenic areas. Uttah is a full service city including providing electrical power and an airport. The Manager reports to a five member Council elected at large on a non partisan basis. The Mayor is selected annually by the City Council. Candidates must have a bachelor's degree in public administration or related field and a minimum of 5 years responsible management experience in municipal government, preferably in a city manager or county administrative office. Prefer California experience (We will have to eliminate this in the ICMA newsletter since they will not allow such preferences. Also, the Council will need to decide how wide spread they wish to recruit). Salary is open DO. Currently nearly $ . Housing assistance may be provided (Council needs to discuss this). Submit applications and resumes with latest salary and a minimum of five references to: Watson Associates, 349 Grand View Drive, Vacaville, CA. 95688. Applications must be received by 5:00 p.m., November 20, 1995. Direct telephone inquiries or fax to Richard Watson, Principal, (707) 446-8200. EXHIBIT A SAUSALITO CITY MANAGER PROFILE QUESTIONNAIRE You are being requested to complete this questionnaire in order to assist us in developing a complete profile for the new Sausalito City Manager. The final profile, as approved by the City Council, will be the basic ingredient in the job announcements and recruitment brochure, as well as the guide for interviews and evaluations. The purpose is to provide clarity in determining the best individual for the position. Please mark all questions cna high to low profile and add any written comments you feel of value. For purposes of marking the questionnaire, 1 is very important and 5 is of little importance - with gradations. Also, in the left hand column and on the lines provided, please indicate the order in which you feel these items should be rated for importance (beginning with "1" most important and progressing down). ' , le WORKING KNOWLEDGE AND EXPERIENCE A broadly based public manager with direct education and experience in public management. 1-2 -3 -4 -5 - a. BA in public administration 1 - 2 - 3 - 4 - 5 -____b. MA in public administration 1 - 2 - 3 - 4 - 5 ____c. California local government experience 1 - 2 - 3 - 4 - 5 .. d. Background in non-city government 1 - 2 - 3 - 4 - 5 - e. Finance and budget management expertise 1 - 2 - 3 - 4 - 5 f- Intergovernmental relation experience 1 - 2 - 3 - 4 - 5 g. Economic development background ---__h. Experience in communities similar to Sausalito 1. Size 2. Tourism 3. Waterfront 4. Residential built-out city _____i. State of the art personal computer skills j. Experience as an agency manager _ k. Experience as a Department Head Additional: 1-2 -3 -4 -5 1-2 -3 -4 -5 1-2 -3 -4 -5 1-2 -3 -4-5 1-2 -3 -4 -5 1-2 -3 -4 -5 1-2 -3 -4 -5 1-2 -3 -4 -5 1-2 -3 -4-5 -1- · LEADERSHIP/MANAGEMENT STYLE Capacity as a community and people leader and idea generator. a. A people person who enjoys working and communicating with others b. Strong consensus building ability ~c. Logic/persuasion in negotiations ~d. Ability to develop a "Team Sausalito" concept with city employees e. Delegation of responsibility and authority to the working level with oversight by the Manager f. Supports community and Council development of long-term goals ~g. Uses an autocratic management style ~h. Manager who uses highly participative approach i. Strict disciplinarian Additional: 1-2 -3 -4 -5 1-2 -3 -4 -5 1-2 -3 -4 -5 1-2-3-4-5 1-2 -3 -4 -5 1-2 -3 -4 -5 1-2 -3 -4 -5 1-2 -3 -4 -5 1-2 -3 -4 -5 1-2 -3 -4 -5 · PERSONAL CHARACTERISTICS A stable, personal and professional life, void of impropriety or indiscretions. a. Demonstrated standards of honesty, integrity, and professional conduct b. Ability to communicate with all seg- ments of the community ~c. A good sense of humor with ability to not take oneself too seriously ~d. Appropriate personal appearance and grooming Additional-. 1-2-3 -4 -5 1-2 -3 -4 -5 1-2-3 -4 -5 1-2-3 -4 -5 1-2 -3 -4 -5 -2- · COMMUNICATION SKILLS Ability to communicate clearly and effectively with Councilmembers, staff, community groups and the public. a. Knows how to deal with all media toward a positive city image b. Ability to communicate with all five Councilmembers even when policy direction is by three votes __c. Experience in public relations ~d. Knowledge in providing thorough and professional analysis and recommen- dations to a Council including alternative options e. Proven ability in staff development f. Effective liaison Council to Employees and Employees to Council Additional: 1-2 -3 -4 -5 1-2-3-4 -5 1-2-3-4-5 1-2 -3 -4 -5 1-2 -3 -4 -5 1-2-3 -4 --5 1-2-3-4-5 · COMMUNITY INVOLVEMENT AND RELATIONS An effective representative of the City with citizens, other governments and community groups and organizations· ~a. Understands his/her position in relation to the Councilmembers and Mayor in public activities b. An active participant in civic organizations c. Ability to make effective oral presentations before community d. Can represent city before other agencies im a professional and positive fashion ~e. Can carry out Council policies willingly, regardless of personal recommendation f. Treats public as customers and expects city employees to do same ~g. Able to quickly and effectively handle public concerns/complaints Additional: 1-2 -3 -4 -5 1-2 -3 -4 -5 1-2 -3 -4 -5 1-2 -3 -4 -5 1-2-3-4-5 1-2-3-4 -5 1-2 -3 -4 -5 1-2 -3 -4 -5 -3- · .LIST THE ONE MOST IMPORTANT CHARACTERISTIC/TRAIT/ATTRiBUTE FOR THE NEW SAUSALITO CITY MANAGER: nk you for your time and attention to this quastionnaire. pa~" cipation will be of real value in the recruiting process· inv.._vemant is greatly appreciated. Please return your questionnaire/comments to Richard Watson by May 20, 1993. Your Your Completed by: Member of Council Community/Business Person Department Head Name (optional) SAUSALITO CITY MANAGER P. 1. SALARY - Present salary is $83,000. Do you want to change the salary range depending on candidate,s qualifications? WE RECOMMEND THAT YOU AUTHORIZE THE STATEMENT, "SALARY DEPENDING ON QUALIFICATIONS (DOQ)/CURRENTLY $83,000. Response: · HOUSING - Present city code provides that Manager must reside within City within 180 days of appointment. Should this policy be maintained, and if set should there be housing assistance/allowance? ' Response: · EXPERIENCE - Do you have any preference for a person with CALIFORNIA CITY experience as compared to NON- CALIFORNIA city experience? What about private management experience? What about county government or special district experience? YOUR DIRECTION WILL GUIDE US IN PLACING ADS AND EVALUATING APPLICATIONS. Response: -1- · CANDIDATE TRAVEL/EXPENSES - Your direction above will impact this question. Are you willing to pay out of state candidates for their travel costs and expenses, as well as in-state candidates? CONSIDERATION SHOULD BE GIVEN TO AT LEAST REIMBURSING THE CANDIDATES THAT ARE INTERVIEWED BY THE COUNCIL, AND PERHAPS. THOSE THAT ARE INTERVIEWED BY THE ORAL BOARD. Response: · WHAT IS THE IDEAL NUMBER OF CANDIDATES YOU WOULD LIKE RECOMMENDED TO YOU BY THE ORAL BOARD (usually this ranges from 3 to 6)? Response: · PLEASE LIST THE MOST IMPORTANT ATTRIBUTES YOU WANT IN YOUR NEW CITY MANAGER: 7. ANY OTHER PERSONAL RECOMMENDATIONS ON THE RECRUITING? THANKS AGAIN FOR YOUR PARTICIPATION AND H~LP IN THIS PROCESS. -2- ITEM NO. DATE: September 20, 1995 A~ENDA SUMMARY REPORT SUBJECT: CONSIDERATION OF PROPOSALS FROM EXECUTIVE SEARCH FIRMS FOR THE CITY MANAGER RECRUITMENT Staff contacted eight executive search firms, some of which were recommended to us by other cities and agencies, and requested that they submit proposals to conduct our City Manager recruitment. We have received proposals from all eight of these firms. Attached is a table which provides pertinent information from each of the proposals, including fees and expenses, estimated timeframe, whether or not the firm has candidates submit a supplemental questionnaire, whether the firm assists in negotiating the compensation package, and miscellaneous information. Most of the firms have indicated that they would conduct a nationwide search and advertise in such publications as the ICMA Newsletter, Western City Magazine, and Jobs Available. The complete proposals are also attached for Council's consideration. After review and consideration of the proposals, Staff requests direction from Council on how it desires to proceed in the selection process for the executive search firm' Staff can schedule interviews for those firms the Council is most interested in or selection can be made from the proposals themselves. RECOMMENDED ACTION: Review and consider proposals from executive search firms to conduct City Manager recruitment, and provide direction to staff on selection process. Acct. No. (if NOT budgeted): N/A Acct. No.: (if budgeted) ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Request proposals be solicited from additional firms. 2. Do not utilize executive search firm. Appropriation Requested- N/A Citizen Advised- N/A Requested by: N/A Prepared by: Kari Revheim, Personnel Assistant Coordinated with: Candace Horsley, City Manager Attachments- 1. Proposal Tabulation. 2. Proposals from Executive Search Firms. APPROVED: 3:PER\ASR.SEARCH ~-(..0 ~ ~-~h ~-o~o0 (.nO ~-~o ~-o0(.n ~-o~0~ ~0 ~ ~ ~ ~- ~ ~ o~ ~ o ~ oo ~ oo o~ , . ~ 0 ~-0 ~ ~-0 0 0 ~ ~ ~ ~-0 0 ~-~ ~0 0 ~ ~ ~ ~ ~'~ 0 ~ ~ ~ ~ o ~ 0 0 ~ ~ . :: :::::::: ~:U U U~[~ .:.:.:.:. Proposal to Recruit a City Manager CALIFORNIA September 9, 1995 Richard W. Perry HUGHES, PERRY & ASSOCIATES P.O. Box 384 Sea Ranch, California 95497 707-785-3083 m m mm M A hi A C; ~ M [ I',1 I (;()N ~tJ L I AINI I'S September 9, 1995 Mayor Schneiter and Council Members c/o Kerry Revhein City of Ukiah 300 Seminary Avenue Ukiah, California 95482 Dear Mayor Schneiter and Council Members, We appreciate the opportunity to submit our proposal for assisting the City of Ukiah in recruiting a new City Manager. Our proposal is based on: (1) Our involvement in over 450 recruitment and selection processes for local government executives including 67 City Managers/Chief Administrative Officers. Examples of City Manager recruitments completed by our firm for small, medium and large cities are St. Helena, Calistoga, Sausalito, Napa, Los Gatos, Eureka, Palo Alto, Modesto, Huntington Beach and Glendale. During the past two months we have completed City Manager recruitments for the cities of Healdsburg, Benicia and Union City. (2) Our knowledge of the issues facing local government today such as growth management, revenue shortfalls, potential regional consolidation of services, AB 939 mandates and transportation needs. We stay current with issues through our ongoing contacts with City Managers and our work in facilitating goal setting processes for City Councils such as Santa Rosa and Saratoga. (3) Our knowledge of the area through the location of our office in Northwestern Sonoma County and consulting work over the past 20 years with Sonoma County, Santa Rosa, Mendocino County, and Ukiah. We are currently completing a project for the City of Eureka and Humboldt County. (4) Our knowledge of Ukiah gained in 1989 during our work with you in recruiting a City Manager. During our work with you six years ago, we found Ukiah to be a fascinating community. Contributing to Ukiah's uniqueness is that it is the county seat, has its own museum, and operates the electric utility. A high priority in 1989 was to revitalize the downtown. Examples of accomplishments to date include the completion of the Ukiah Valley Conference Center, a successful facade improvement program, and the Plaza which is currently under construction. Still, work remains to be done on such things as improving circulation and the streetscape. There are a host of other issues and opportunities in Ukiah today including: Addressing annexation applications which continue at a comparatively high level; Responding to a request by the Airport Industrial Park to shift the focus of use from industrial to retail which concerns the Council because of the potential loss ofjobs; Continuing to stabilize the City's $20 million investment portfolio by correcting poor investment decisions; the Council recently sold 13 derivatives towards achieving a more fiscally sound and conservative portfolio; Working with the community on the March 1996 initiative to convert the elected City Clerk and Treasurer positions to appointed positions; Achieving tighter fiscal management and spending practices in a number of areas such as contracts and capital improvement projects. It is important to the City Council that they have trust and confidence in their City Manager and that he/she will be fully capable of assisting the Council with these and other issues and opportunities. The initial task in the recruitment process will be to identify the skills and characteristics of the "ideal" City Manager for Ukiah. This would be accomplished through the following steps: Interview Councilmembers. I We will meet with each Council member individually to discuss their perspective of issues and opportunities facing Ukiah now and for the foreseeable future. We will also ascertain each persons views about the requisite skills and characteristics necessary for the new City Manager to be successful in Ukiah. The information collected through this interview process will be the basis for our candidate profile. 12. Interview Key Staff Members. With the concurrence of the City Council we would meet with the Department Heads and perhaps other key staff members in small group settings to elicit their views on the next City Manager. We will also gather operational information such as departmental projects and goals. This information is often important to potential candidates because as City Manager, they will have overall operational responsibilities. 13. A Workshop May Be Important. In the event we find significant conflicting views among Councilmembers regarding the issues/opportunities, relative priorities, or desired skills and characteristics of the new City Manager, we would want to convene a workshop with the City Council to resolve these issues as they relate to the recruitment. We would facilitate the workshop. Additionally, we could conduct a community forum to discuss the attributes desired in the new City Manager, however, we would want to discuss the pros and cons of eliciting community input with you prior to initiating such a process. Three outreach activities will be used to identify and interest highly qualified candidates in the City Manager position in Ukiah. The objectives of these outreach activities are: (1) clearly understand the kind of person your organization seeks; (2) present a positive image of the position and client organization; (3) catch the eye and interest of as many people as possible, particularly those not actively involved in a job search; and minorities and women; and (4) provide potential candidates with valid and concise information on the position as well as the "flavor" of the job and type of person desired. !(1) Eye Catching Ads Are Placed In Appropriate Publications. Creative display ads and classified ads are placed in journals, magazines and publications which top level candidates are likely to read. These ads normally generate about 35% of the candidates who apply for positions for which we recruit. We do not use a standard ad format and try to diversify ad layouts and messages to depict the differences of our various clients and the positions being recruited. For the Ukiah City Manager we would use Jobs Available- Western Edition; Hispanic Hotline, and, Western City Magazine. (2) "Corporate" Type Brochures Are Sent To 400 To 800 Persons For The Position. An informative brochure will be designed and tailored for Ukiah and mailed to managers and professionals. This brochure provides potential candidates with relevant information on the position, issues to be faced, qualifications desired, compensation package, the client organization and recruitment time tables. We have found that 40% of the persons who apply for positions are initially interested by this brochure. While we have computerized mailing lists for various professions and positions, we tailor these lists for each new assignment. We will work with you to insure that brochures are distributed to persons and organizations that meet your needs, particularly women and minorities. An example of the brochure we used for Manhattan Beach is attached as Exhibit "A". (3) A Proactive Telephone Sourcing Program Involving From 50 to ~ 100 Persons Is Undertaken. I Top practitioners in City Management (sources) and highly qualified candidates referred to us or known through other means are contacted to explain the position and to interest them in applying. This provides us the opportunity to attract persons not necessarily contemplating a job change. Typically, about 25% of the persons who eventually apply for a position are attracted through the telephone sourcing program. A portion of this outreach effort would be specifically targeted to women and minorities. Hughes, Perry & Associates utilizes a variety of approaches to evaluate candidate qualifications and help insure that the best fit occurs considering the needs of our client. (1) Resumes Are Screened Against The "Ideal Candidate" Characteristics Initially Developed Jointly With You. The initial resume screening allows us to compare candidate experiences and other qualifications against those desired by our client. For example, Ukiah may place a premium on people who have worked in smaller cities, have significant financial management experience, can show success in working with the public and have strong leadership skills. We would then screen resumes against these characteristics and others you would feel are important. (2) Supplemental Questionnaires Are Designed And Distributed To Obtain Additional Information From More Highly Qualified Candidates. A three to five-page supplemental questionnaire is prepared and distributed to the top 15 to 30 applicants who appear to be most highly qualified after the initial resumes are screened. This questionnaire allows us to obtain supplemental information in areas of interest to the client. For example, the Ukiah might be interested in candidates experienced in: annexation, redevelopment, and so on. (3) The Top 15 to 30 Candidates for Each Position Are Interviewed To Further Explore Their Qualifications. Personal interviews are completed with the top 15 to 30 candidates for the position. The purpose of these interviews, conducted by telephone or in person, where possible, is to further explore key candidate characteristics. These interviews allow us to evaluate each candidate's knowledge and experience in topical areas of interest to our client and are based on detailed interview guides which we develop: (1) to ensure all candidates interviewed are assessed in common areas; and (2) to cover major client concerns and interests identified during the initial position and organizational analysis. (4) The Top 10 To 15 Candidates For The Position Will Be Reviewed With You. At this stage, we encourage our client to participate with us in the final screening process to insure the "fit" of candidates. Our approach includes jointly reviewing resumes, supplemental questionnaires, samples of candidates' written communications such as a staff report, and interview results to thoroughly explore the reasons behind our recommendations for placing candidates on the semi-finalist interview list. These sessions also provide an opportunity for our client to review the "second level" candidates who have not been selected as semi-finalists by members of our recruitment team. 1(5) We Will Facilitate The Client/Candidate Interviews. If desired, we will develop a list of suggested questions and a rating form for the City Council as well as attending the interviews in a non- participatory role, and will facilitate the interview process as necessary. We have used a variety of alternative approaches for this interview process. Most recently we used an assessment center in Hillsborough with the Councilmembers serving as assessors. In Manhattan Beach, we used a panel of City Managers to supplement the Council interviews. We would be pleased to discuss the range of alternatives available to the Council. There is no "right" methodology for these interviews; the best approach is the one which makes the Council most comfortable. ](6) The Top Candidate(s) Will Be Reference Checked. Our services always include reference checking of the top candidate(s) upon completion of the interview process, but prior to an appointment being made. Reference checks often impact the selection of the "right" candidate from the top two or three interview finalists. Previously in Ukiah, the Council conducted the reference checks. You may wish to do this again and/or augment those discussions with involvement by your audit firm, the Police Department and others. 1(7) We Will Nel~otiate The City Manal~er's Compensation Package. If desired by the City Council, we will negotiate the City Manager's compensation package based on the parameters established by the Council. Given that benefit packages typically range between 30% and 40% of salary, $20,000 - $30,000 in the case of the City Manager, the Council may desire input relative to items such as deferred compensation and severance pay. Having Hughes, Perry & Associates negotiate the compensation with the top candidate can shift potential problems, and a possible adversarial role, from the Council to the consultant. In over 80% of the City Manager recruitments we have completed, the Council has asked us to handle this task. We stay current on City Manager compensation issues which allows us to advise you about the market trends. (8) We Can Provide Other Services To Assist In The Final Candidate Selection Process. Services which our recruitment team can provide in the final candidate selection process include the following: Designing and facilitating a tailor-made Assessment Center for up to eight position finalists. We have broad experience in providing Assessment Center services, both as a part of an executive recruitment and as an independent service. Providing technical assistance in finding employment opportunities for the working spouse of the top candidate if spousal job change complicates the top candidate's acceptance decision. Facilitating the development of performance objectives for the new City Manager or the evaluation of his/her performance after six or twelve months on the job. We would be happy to discuss these services and the additional cost associated with them in further detail if you desire. Summary and sequential descriptions of the work steps required to conduct the executive recruitment for the Ukiah City Manager are detailed on the following pages. The timing of each task, stated in terms of weeks following the contract start date also is presented. Both the task plan and timing can be adjusted depending on your specific wishes. WORK TASKS 1. Develop a "candidate profile" for Cit_v Manager. . Determine the type of person needed and specific issues the person will address on the job. This will be accomplished through interviews with Council, and if appropriate, with elected/appointed Department Heads. Resolve recruitment strategies and timetables. Determine the organizational style and critical operational issues in Ukiah. If appropriate, facilitate a Board workshop to resolve any candidate profile issues. Develop and place "eye catching' advertisements. Prepare and place advertisements for relevant publications and professional journals. Insure that all "Affirmative Action - Equal Opportunity Employer" targets are met in advertisements. RESPONSIBILITY HPA/Ukiah HPA TENTATIVE SCHEDULE 3. Prepare and send a brochure to . candidate sources and prospective candidates. Prepare a brochure that "sells" the Ukiah position, describes the "ideal" candidate, identifies the issues the new person will address, presents compensation information, timing of the search and provides information about the organization. Prepare mailing list of organizations and candidates, including women and minority outreach groups/individuals, to which brochures will be sent. Print and distribute brochures. Conduct telephone sourcing program to further identify and interest highly qualified candidates. Contact members of professional organizations and reliable sources of potential candidates. Contact qualified candidates identified. 5. Closing deadline for receiving resumes. 6. Screen resumes. Screen candidate pool to top 15 to 30 candidates by comparing resumes to characteristics of the "ideal" candidate. lIPA I-IPA HPA HPA . . . 10. 11. Develop a Supplemental Quest- ionnaire to be completed by the more qualified candidates. Prepare and distibute supp- lemental questionnaires to obtain additional background information from the selected candidates. Closing deadline for supple- mental questionnaires. Analyze supplemental quest- ionnaires completed by top candidates. Complete personal interviews with selected candidates. Conduct interviews (in person or by phone) with up to 30 candidates. Put final 10 minutes of each interview on video tape where possible. Prepare a pro_wcess report. Provide a list of the top 10 to 15 candidates and a summary of qualifications. Include resumes/supplemental questionnaires. Screen candidates to develop a finalist list, Utilize resumes, supplemental questionnaires, writing samples and video interviews to acquaint the client with the candidates. Select final 5 to 8 candidates for client interviews. I-IPA HPA HPA HPA HPA/Ukiah 10 12. 13. 14. 15. Assist in the final interview process. Develop a list of suggested questions for interviews or design a modified interview approach as noted in the proposal. Serve as a facilitator for the interview panel including post- interview discussion and candidate ranking. Conduct reference checks of the top candidates. Negotiate compensation. Notify all candidates. Provide feedback on performance during recruitment and selection process. HPAKJ-Mah HPA/Ukiah To Be Determined HPA Hughes, Perry and Associates was established in 1974 (and known as Hughes, Heiss & Associates until recently) to provide consulting assistance to governmental organizations which is: · High Quality · Creative · Personalized · Reasonably Priced Since its formation, the firm has served over 450 client agencies on more than 900 assignments, including 225 cities, more than 30 counties and over 10 states. 11 (1) Over 450 Managerial Recruitments and Selections Have Been [ Performed. Hughes, Perry and Associates has performed numerous recruitments and candidate assessment services for governmental agencies. These services include comprehensive searches, both regional and nationwide; Assessment Centers, and technical assistance in recruitment and/or selection processes. The wide range of positions handled include the following: · City/County Managers · Assistant Managers (67) (27) · Chiefs of Police · Fire Chiefs (48) (41) · City Attorneys · (24) (41) Public Works Directors · Planning/Community · Utility Managers Development Directors (27) (26) · Personnel Directors · Finance Directors (24) (21) · Park/Recreation · Directors (12) Redevelopment/ Economic Development (16) · Library Directors · (5) Transportationfrr~c Engineers (12) · Other Professional · Positions (36) Middle Managers/ -- Supervisors (65) The first attachment to this proposal provides an overview of our executive recruitment and selection assignments. 12 (2) A Positive Track Record Has Been Established In Affirmative ActionfEqual Employment Opportunity. Hughes, Perry & Associates has a commitment to affirmative action in recruiting local government executives and managers. For example: We placed the second woman to become a County Administrator in California (Yolo County) and the first African- American woman City Manager in California (Palo Alto). Over 70 women have been appointed to professional positions for which we have recruited. For example, the Executive Directors of the San Diego PIC/RETC and Southern California Power Authority were both women. Over 25 African Americans, Asians and Hispanics have been selected including five City Managers. For example, a Hispanic man was appointed as City Manager in Hayward. We placed an African American Fire Chief in Alhambra and Chief of Police in Santa Monica and, recently, a Hispanic Fire Chief. In Pasadena, we have placed an African American female as Health Officer, and women as Capital Projects Administrator and Planning Director. Recently, Asian men were appointed as the Public Works Director in Pleasanton and City Engineer in Union City. We work hard to develop a recruiting environment and establish a candidate pool which encourages women and minorities to effectively compete for the professional positions for which we recruit. (3) The Firm Has Been A Leader In Instituting Innovative And I More Comprehensive Recruitment And Selection Techniques. I Hughes, Perry & Associates has led the way among search finns in instituting new ways to enhance recruitment and selection processes to improve their effectiveness. For example: Eye-catching brochures and display ads have been used to attract candidates initially in perceiving themselves to be in the job market. Supplemental questionnaires have been utilized to gather more information about prospective candidates. 13 Tailored and fast-paced Assessment Centers built around the specific needs of the client have been designed and facilitated. While some of these innovations are now emulated by other search organizations, Hughes, Perry & Associates pioneered their use. Richard Perry would handle all aspects of the Ukiah City Manager recruitment. Mr. Perry has personally conducted 50 of the 67 City Manager/Chief Administrative Officer recruitments which the firm has completed. His background is as follows: Richard W. Perry has over 25 years experience, both as a manager with and consultant to local government. A Vice-President of Hughes, Perry and Associates and in charge of our recruitment division, Mr. Perry has taken the lead role in more than 250 executive recruitments/selection processes conducted by our firm. Prior to joining Hughes, Heiss and Associates, Mr. Perry had extensive experience as a line manager serving as Director of Parks and Recreation for the City of Belmont, Assistant Planning Director for San Mateo County and the Manager of Sea Ranch. Additionally, he served as Interim Town Manager for Los Gatos while recruiting their Town Manager. He recently completed City Manager recruitments for Hillsborough and Union City. He is currently conducting recruitments for an Executive Director for San Mateo City/County Association of Governments and an Assistant City Manager for Daly City. Mr. Perry worked with the City Council in Ukiah in 1989 on the previous City Manager selection. 8. REFERENCES C~ BE CONTACTED TO, EV~UATE THE QUALI~ We believe the most effective testimony to the quality of our executive recruitment services comes from our previous clients and people who have participated in our recruitment and selection process. Following are listed elected officials who have been recent clients on executive recruitment and selection projects. You are encouraged to contact them to get their reactions to the quality and effectiveness of our work. Ed McCombs, Interim City Manager/Council Liaison, City of Manhattan Beach -- recruitment of a City Manager. (310) 545-5621 Ex 405 · Mary Herron, Mayor, City of Coronado -- recruitment of a City Manager. (619) 522-7300 14 Roy Morris, Mayor, City of Greenfield -- recruitment of a City Manager. (408) 385-5878 Bob Davidson, retiring City Manager/Council liaison, Town of Hillsborough -- recruitment of a City Manager. (415) 579-3800 Grace Winchell, Council Person, City of Huntington Beach -- Recruitment of a City Manager, Assistant City Manager, Chief of Police, Fire Chief and Public Works Director. (714) 536-5575 Bud Lewis, Mayor, City of Carlsbad -- Recruitment of a City Manager, Assistant to the City Manager, Human Resources Director, City Engineer, Redevelopment Director and City Attorney. (619) 434-2819 Gary Orton, Past Mayor, City of Belmont -- Recruitment of two City Managers. (415) 342-2666 Ernie Gray, Mayor, City of Novato -- Recruitment of a City Manager and assistance in the selection of a Community Development Director and Chief of Police. (415) 898-2800 Jean McGowan, Mayor, City of Palo Alto -- Recruitment of a City Manager. (415) 329-2226 Norm King, City Manager and Liaison to City Council, City of Moreno Valley -- Recruitment of a City Attorney. (909) 243-3020 Tom Ferritto, Former Mayor and Council Member, Town of Los Gatos -- Recruitment of three Town Managers, a Town Engineer, a General Services Director and an Assistant Town Manager. (408) 354-6655 If you desire additional references, please contact us. We have attached a copy of an unsolicited letter from the Mayor of Manhattan Beach which speaks to the quality of our City Manager recruitment efforts. 15 THE CITY OF MANHATTAN BEACH December 9, 1994 Tim l,tlligrcn Mayor Steve Barnes Mayor Pro Tem , J¢)all , J()llCS Councilrnember , Jack Cunningham Councilrnember Steven A. Napolitmto Councilmember Steve Schlesinger, C.P.A. City Treasurer Win Underhfll City Clerk City Hall 1400 Highland Are. Manhattan Beach California 90266 (310) 545-5621 (310) 545-5234 (Fax) Mr. Rich Perry Hughes, Perry & Associates P.O. Box 384 35600 Verdant View Street Sea Ranch, CA 95497 Dear Rich' The City Council and I are extremely pleased with the outcome of the successfully concluded recruitment and selection process for the position of City Manager in Manhattan Beach. We wish to extend to you our strong commendation and appreciation for the very professional and successful role which you played in coming up with some outstanding candidates, and in leading us through the entire process in such an effective fashion. Tile Councirs decision to employ Geoff Dolan was confirmed last night in an atmosphere of happiness and positive feelings on tile part of all members of tile Council. We attribute this successful conclusion in large part to the fine work you've done on our behalf. Thank you very much. With best wishes for a prosperous and happy New Year. Sincerely, TIM LILLIGREN, Mayor TL/ap CC; City Council Ecl McCombs, Interim City Manager Our fees and estimated reimbursable expenses for the recruitment of a City Manager for the City of Ukiah as outlined in our work plan are: Recruitment and selection process as outlined in our work program: Professional Time $12,000 Reimbursable Expense $3,000- $4,000 The next page of this proposal is a cost breakdown by task in the event that the Council would like to reduce the scope of the proposed work. Reimbursable expenses include the direct cost of items such as clerical support, travel expense and telephone expense. It does not include candidate expenses, if any, for the final interview process and the City will be responsible for advertising and brochure charges. 16 . . , , . , . o o 10. 11. 12. 13. 14. 16. RECRUITMENT COST BREAKDOWN BY TASK Task Develop candidate profile Develop and place "eye catching" ad Prepare and distribute brochure Conduct telephone sourcing Resume closing deadline Screening of resumes and progress report Development and distribution of supplemental questionnaire Closing deadline for questionnaire Complete personal interviews with selected candidates Prepare second progress report Meet with Council to select finalist candidates Assist in final interview process Complete reference checks of top candidates Negotiate compensation Notify all candidates Professional Time Char~es $8OO 35O 9OO 3,200 -0- 300 3OO -0- 2,800 150 4OO 700 1,200 $6OO 7 1/2 hours have been allocated. Additional time will be charged at $80 per hour 3OO $12,000 17 We guarantee our recruitment results for a one-year period. In the event the City Manager is terminated during the initial twelve months for reasons of non- performance, malfeasance, commitment of an illegal act or substance abuse, we would conduct a replacement recruitment with no professional fee charges to Ukiah. Richard W. Perry Vice-President Sincerely yours, HUGHES, PERRY & ASSOCIATES Attachments 18 z <~ I-- t-- <~ -r z <~ IIIIII Ii,,. IIIII1,111,,,,,. .c_ "6 '~ o '' o) < '-~ Assistant City/County Manager (27) · Beverly Hills** · Corona** · Daly City (2) ** · Davis · Hayward** · Huntington Beach** · Irvine (2) · Kirkland* · Los Altos** · Los Gatos** · Milpitas** · Monterey** · Oxnard** · Redwood City* · Richmond* · San Juan Capistrano · San Mateo County (Executive Assistant) · Santa Cruz · Santa Rosa (2) · Seaside** · Sunnyvale · Visalia · Vista · Washoe County* · Watsonville (Administrative Assistant)** City Attorney (24) · Bakersfield · Campbell · Carlsbad and Assistant (2) · Danville · Eureka · Garden Grove · Glendale · Hayward · Los Gatos · Metropolitan Water District (GC) · Milpitas · Moreno Valley · Morgan Hill · Napa · Newport Beach (Assistant)** · Oxnard (Assistant) · Pacifica · San Jose (Assistant) · San Jose (Deputy) · San Mateo · Santa Monica · Santa Rosa · Sunnyvale Police Chief (47) · Anaheim · Belmont (2) · Beverly Hills (2)** · Campbell · Capitola · Compton* · Concord · Corona* · Danville** · East Palo Alto · E1 Cajon · Escondido · Foster City · Grants Pass, Oregon (Public Safety Director)* · Glendale · Hayward (2) · Hemet** · Hillsborough · Huntington Beach · Inglewood · Irvine (Public Safety Director) · Kirkland, WA** · Long Beach* · Manteca* · Monterey* · Mountain View · Napa** · Novato* · Pacifica** · Pittsburg · Redwood City* · Reno* · Ridgecrest · San Bernardino · San Carlos · San Mateo** · Santa Monica · Santa Rosa · Scottsdale, AZ · Seaside · Simi Valley · Wichita* Fire Chief (41) · Alhambra · Buena Park · Campbell · Carlsbad** · Central Fire District (Deputy) · Corona* · Corte Madera* · DalyCity* · Foster City** · Fremont* · Half Moon Bay FPD · Hesperia (Deputy) · Huntington Beach · Kirk]and (Deputy) (3) · Los Altos · Manteca (2)* · Menlo Park (2) · Monterey (2)* · Monterey Park · Mountain View · Nevada County · Newark · Piedmont** · Redwood City** · Reno (3)* · San Jacinto · San Mateo · Santa Rosa (Deputy)** · South San Francisco · South County Fire · South County Fire (Fire Marshal) · Truckee Meadows FPD · Union City* · Watsonville* Finance Director (21) · Berkeley · Carlsbad (Assistant) · Daly City (2) · Eugene, OR (Utilities Finance and Accounting Director) · Glendale (Assistant) · Hayward (2) · Irvine (Administrative Services Director) · LACTC (Internal Audit) · LACTC (Controller) · Mountain View · Mountain View ( Revenue Officer) · Pasadena (Utilities Finance and Business Manager) · Redwood City and Assistant (3) · San Mateo County (Tax Collector/ Treasurer) · Santa Clara County Transit (Fiscal Forecasting Analyst) · South San Francisco Administrative Services (2) · A.C. Transit · Seattle METRO Personnel Director (24) · A.C. Transit (Labor Manager) · Alameda County (Deputy Director) · Alameda County (EEO Programs Mgr.) · Alameda County Sr. Personnel Officer · Carlsbad · Corona · Glendale, AZ · Incline Village** · Long Beach (2)** · N.C.P.A. · Newark · Redwood City · SamTrans (San Mateo Co. Transit) · San Diego County · San Luis Obispo · Santa Monica · Santa Rosa (2) · Seattle METRO Planning/Community Development Director (27) · Belmont · Buena Park* · Carlsbad (Asst. Planning Director) · Daly City · Foster City · Gardena** · lrvine · Los Angeles C.D.C. · Newark · Novato (2) · Pasadena · Pomona · Richmond · San Mateo (3) · San Mateo County (HCDA) · San Rafael (Assistant)* · San Ramon · Santa Monica · Santa Rosa · Santa Rosa (Deputy) · Tracy · Washington Co., OR (Land Development Manager & Housing Director) Utilities Director/Manager (26) · Alameda (Engineering Services Mgr.) · Alameda (Operation Services Mgr.) · Alameda Bureau of Electricity (Assistant General Manager & General Manager) · Anaheim (Water Production Manager and Water Distribution Manager)(2) · BAWUA (General Manager)(2) · Daly City (Water & Wastewater Dir.) · Glendale Public Services Director (2) · Glendale Water Services Administrator · Glendale (Water Services and Electrical Services Directors)* · Healdsburg · Oakland (Electrical Service Manager) · Palo Alto (Assistant) · Palo Alto (Water Quality Manager) · Pasadena (Business Operations Mgr.) · Pasadena (Utility Resources Planning Manager) · Santa Cruz (Water Services Manager) · Santa Monica Personnel Director, Cont'd. · Stockton (Deputy)** · Stockton (Labor Relations)* · Visalia Utilities Director/Manager, Cont'd. · South Bayside System Authority (Source Control Supervisor) · Union Sanitary District Public Works Director/ City Engineer (41) · Belmont (2)** · Beverly Hills · Campbell · Campbell (City Engineer/Senior Civil Engineer) · Carlsbad City Engineer · Chino · Daly City · Emeryville · Fontana (Director, Assistant, Maintenance Director, and an Environmental Services Manager) · Hercules** · Huntington Beach · Indian Wells · Kirkland, Washington* · Los Gatos · Menlo Park (Superintendent) · Newark · Oxnard · Pasadena (Solid Waste Admin.) · Pleasanton · Portland (Maintenance) · Reno (2)* · San Bruno · San Carlos · Santa Clarita · Santa Monica · Santa Rosa · Santa Rosa - Deputy (2) · Saratoga · Sonoma County · Stockton · Tracy · Tustin (Two Assistants) · Union City and City Engineer (2) · Yolo County Transportation Director (12) · AC Transit (Planning Director) · Anaheim · Glendale (Traffic/Trans. Admin.) (2) · Orange County Transportation Authority (Transit Director) · Oxnard · Santa Rosa (Traffic Engineer) · West Hollywood · West Hollywood (Traffic) · West Hollywood (Parking) Medical Directors (4) · Pasadena (Health Officer) · San Mateo County (3) Mental Health Director (2) · San Mateo County · Tri-City Mental Health Agency Environmental Health Director · San Mateo County (2) Hospital Director · San Mateo County Long-Term Care Director · San Mateo County Public Health Director · San Mateo County *Assessment Center Only/**Assessment Center and/or Recruitment Assistance Information Services Director · San Mateo County Library Director (5) · Glendale · Hayward* · Monterey Park* · Redwood City (Assistant)* · San Mateo Chief Building Official (5) · Kirkland, WA* · Novato* · Pasadena · San Mateo · Santa Rosa Executive Director (6) · Alameda County Waste Mngmt Auth. · Berkeley Rent Stabilization Board · Inland Valley Development Agency · San Diego PIC/RETC · San Mateo C/CAG Exec. Dir. · Southern California Public Power Authority Recreation/Park Director (12) · Belmont · Lancaster · Long Beach · Los Gatos · Monterey* · Monterey Park** · North Bakersfield PRD · Oxnard · Pasadena (Rose Bowl General Mgr.) (2) · San Carlos** · Santa Rosa Redevelopment/Economic Development Director (16) · Carlsbad (2) · Colton(3) · East Palo Alto · Eureka · Glendale · Long Beach (Manager) · Long Beach (Project Officer) · Mountain View (Shoreline Park Manager) · Novato* · Oceanside · Portland · Richmond · San Mateo *Assessment Center Only/**Assessment Center and/or Recruitment Assistance General Manager of Fairs/ Expositions · San Mateo County ConventionNisitors Bureau Director · Bakersfield Golf Course Director · Incline Village Marketing Director · Glendale, AZ Management Analyst (3) · Pasadena (3)* Airport Manager · San Mateo County General Manager -- · Mid Peninsula Open Space District Juvenile Director · Washington County, OR City Clerk · Santa Monica Civil Engineer (2) -- · Santa Monica (2) Environmental Engineer -- · Glendale Recycling Coordinator · Glendale Manager of Operations · Interstate Cleaning Corporation Rent Control Director · West Hollywood Law Firm Administration · Hanson, Bridgett Middle/First Line Police Positions (46) · BART* · Belmont*(2) · Carlsbad (2)* · Foster City (2) · Glendale (2)* · Humboldt Co. Commun. Mgr. · Kirkland (3)* · Livermore* · Los Altos* · Menlo Park* · Milpitas* · Morgan Hill* · Millbrae* · Monterey (2)* · Newark (4)* · Novato (2)* · Redmond* · Riverside* · San Bernardino* · San Mateo (2)* · San Pablo (4)* · San Rafael* · Santa Cruz* · South Gate (2)* · Tracy (2)* · Union City (2)* · West Sacramento* Middle/First Line Fire Manager Positions (41 · Alhambra · Central Fire District (BC)* · Corte Madera · Foster City (2) · Hesperia · King County (BC/Lt)(2)* · Kirkland, WA (Battalion Chief)(3)* · Kirkland, WA (Capt/Lt)(2)* · Kirkland, WA (Deputy Chief)*(3) · Menlo Park (BC)*(2) · Newark (Asst/Capt) (4)* · Novato Fire District (2)* · Pleasanton (BC/Capt) (2)* · Redmond (BC/others) (3)* · San Mateo (Battalion Chief)* Updated 7/95 City Manager · Calistoga - Hispanic/Male · East Palo Alto - African-American/ Male · Hayward- Hispanic/Male · Los Altos - Female · Los Gatos (2) - Hispanic/Male, Female · Menlo Park - Female · Palo Alto - African-American Female · Yolo County - Female Assistant City Manager _ · Beverly Hills - Female · Davis - Female · Hayward- Hispanic/Male · Irvine - Female · Los Altos - Female · Richmond - African-American/Male · Santa Cruz - Female · Santa Rosa - Female · Seaside - Female City Attorney · Los Gatos- Female · Milpitas - Female · Newport Beach (Assistant) - Female · Pacifica - Female Police Chief · Compton - African-American/Male · Danville - Female · Ing]ewood - African-American/Male · Santa Monica - African-American/ Male · Seaside - African-American/Male Finance Director · Berkeley - Female · Daly City - Female · Glendale (Assistant) - Female · Irvine (ASD) - Female · LACTC (Internal Auditor & Controller) - Asian/Males Planning/Commonitv Develooment Director · Belmont- Female · Pasadena- Female · Pomona- Female · Redwood City - Female · Richmond - Female · San Mateo (2) - Females · San Mateo County (CDBG) - Female Human Resources/Personnel Director · Alameda County - Asian Male and an African-American Female · Carlsbad - Female · Glendale, AZ - Hispanic/Male · Newark - Female · Redwood City - Hispanic Female · Sam Trans - Hispanic/Female · San Diego County - Female · San Luis Obispo, Female · Santa Monica - Female · Santa Rosa (2) - Females · Stockton (Deputy) - African-American/ Male · Visalia- Female Cit_v/Count_v Manager (67) Belmont (2) Benicia · Brisbane* · Calistoga · Campbell · Carlsbad · Carpinteria · Chino · Concord · Coronado · Corte Madera (2) · Davis (2) · East Palo Alto (2) · Eureka (2) · Garden Grove** · Glendale · Greenfield · Half Moon Bay · Hayward · Healdsburg · Hillsborough · Huntington Beach · Imperial Beach · Lafayette** · La Mesa · Larkspur · Los Altos (2) · Los Gatos (3) · Manhattan Beach (2) · Minnetonka, MN · Menlo Park · Modesto · Monterey Park · Napa · Napa County (CAO) · Novato · Pacifica** · Palo Alto · Peoria, AZ · Richland, WA · San Anselmo · San Bruno · San Carlos · San Rafael · San Ramon · Saratoga · Sausalito · Seal Beach · Show Low, AZ · Sparks (Nevada) · South San Francisco · St. Helena · Temecula · Ukiah · Union City · Visalia · Yolo County (CAO) Fire Chief · Alhambra - African-American/Male · Foster City - African-American/ Male · Half Moon Bay - Hispanic/Male Administrative Services · AC Transit - African-American/Male Utilities Director/Manager · Alameda Bureau of Electricity (Asst. General Manager) - Female · Union Sanitary District - Asian/ Male · Anaheim Utilities (Water Production Manager) - Asian/Male ans.o afion & Parkin Director · West Hollywood - Female (2) Recreation/Park Director · Lancaster (Assistant Superintendent) - Female · Long Beach (Recreation Manager) - Female Redevelooment/Et~nomic -- Develooment Director · Carlsbad - Female · Colton - Female · Glendale - Female · Long Beach - Female · Richmond - Female · San Mateo - Female Marketin~ Director _ · Glendale, AZ - Female Medical Directors · San Mateo County (3) - Females Middle Management/First Line Supervisors/Poli~e · Belmont - Sergeant - Female · Campbell - Captain - Female · Menlo Park (TSM) - Female · Union City - Captain - Female Shoreline Park Manager · Mountain View - Female public Works I)ir~tor/Engineer · Campbell - Female · Fontana - African-American/Female and Administrative Services - Female · Santa Rosa - Female · Los Gatos - Female · Pasadena- Female · Pleasanton - Asian Male · Union City - Asian Male City Clerk · Santa Monica - Female Library Director · Glendale - Female · Hayward - Female · Redwood City (Assistant) - Female · San Mateo - Asian/Female Executive Director San Diego PIC/RETC - Female Southern California Public Power Authority (SCPPA) - Female Mental Health Director · San Mateo County - Female Long Term Care Director · San Mateo County - Female A PROPOSAL TO THE CITY OF UKIAH FOR THE RECRUITMENT OF A CITY MANAGER submitted by: SHANNON, DAVIS & ASSOCIATES, INC. 1601 Response Road, Suite 390 Sacramento, California 95815 916 / 567-4280 September 8, 1995 SHANNON DAVIS & ASSOCIATES September 8, 1995 Kari Revheim Personnel Assistant City of Ukiah 300 Seminary Ave. Ukiah, California 95428 Subject: Proposal to Recruit City Manager Dear Ms. Revheim: Thank you very much for the opportunity to submit a proposal to assist the City of Ukiah with the recruitment of a new City Manager. Shannon, Davis and Associates brings to this assignment over ten years of experience in providing management consulting services to governmental clients in the western states. The types of services we provide are as follows: Executive Search, focusing on the recruitment and selection of city managers and other key management, professional and technical staff. Organization Development Training, offering training and group facilitation for council-manager relations, team-building, organizational trouble-shooting and staff development. Human Resources Management, providing consulting resources in compensation analysis, civil service and merit system restructuring, and management performance assessments. 16/)1 RF, sPONS[ RO.XD. St'iTt; 390, SACR.\MENTO, CA 95815 916.567.4280 TeL 916.567.1220 FAX 11150 SANT.~ MONlC~ BLVD. St:rn~ 200. Los ,;\x(i~l.[is, CA 90025 310.473.1457 Tlr:d, 310.473.3962 F,XX City of Ukiah Proposal to Recruit City Manager page ii Management Services, including management audits and organizational analysis, the restructuring and re-engineering of administrative and service delivery systems, feasibility examinations of governmental agency mergers and service area annexation, evaluation / forecasts of governmental revenues and expenses, and general survey research and analysis on governmental services delivery questions. Public Finance and Economic Development, providing consulting services in the creation of new development and economic growth, the establishment of redevelopment projects, the negotiation of development agreements, and examining development and economic growth programs. With respect to this particular assignment we possess a number of important strengths. The successful completion of over 400 recruitments. We have extensive experience in the recruitment of all types of local government executive and professional staff, including council / board appointed executives, department directors and key professional and management positions. We have conducted multiple recruitments for City Manager positions. For example, past city manager recruitments include for the cities of Alhambra, Antioch, Chico, Concord, Cupertino, Del Mar, La Palma, Pasadena, Riverside, San Leandro, Sonoma, Stockton, and Tucson. We are currently recruiting the City Manager for Chandler (Arizona) and County Administrators for Alameda and Sacramento Counties. Each of these recruitments required a tailored and sophisticated recruitment strategy to insure the development of a well-qualified candidate pool. In-depth understanding of all local government operations, programs and services. This understanding has been gained both as local government managers and as consultants to local governments throughout the Western United States. We recognize the importance of this position and the firm will devote all necessary resources to undertake a successful recruitment. Indeed, we will work with the City until a successful appointment is made and, if necessary, undertake supplemental efforts at no additional professional fee to guarantee the success of the recruitment process. City of Ukiah Proposal to Recruit City Manager page iii Again, thank you for the opportunity to be considered for this assignment. If you need additional information, please contact me at (916) 567-4280. Sincerely, o~~M. shanno~nn Table of Contents Executive Summary II. Consultant Team 3 III. Executive Search Process in Detail 4 IV. References V, Project Timing and Cost 10 I. Our Approacb. Executive Summary The City of Ukiah is about to make a most significant decision -- the selection of a new City Manager. This decision will have a dramatic and direct impact on the development and implementation of the City's public poBcies and services for years to come. Because this decision is so critical, we have developed the most comprehensive and sophisticated executive search service available to local government today. Our unique approach to executive search includes the following features: COUNCIL INVOLVEMENT The Council must be intimately involved in the search for a new City Manager. For this reason, our approach assumes the Council's direct participation in key phases of the search process, including development of the candidate profile and recruitment strategy, selection of final candidates, interviews with the finalists, and ultimately, selection of a new City Manager. CITY NEEDS A critical first step in a successful executive search is for the Council to define collectively the personal and professional qualities required of their City Manager. To be certain this occurs we have developed a very effective consensus-building process that will permit the City to clarify the preferred future vision for the community; the specific challenges the City is likely to face in achieving this future vision; the working style and organizational climate the Council wishes to establish with its City Manager; and ultimately, the personal and professional qualities of the City Manager that will be required to implement the Council's policy direction. AGGRESSIVE RECRUITMENT The very best City Manager candidates are typically not looking for a job. They are usually satisfied with their current position and will only consider a change if a more attractive career opportunity is presented to them. This is why we take a very aggressive approach to identifying and recruiting the best available candidates. SEI.F. CTION The selection of the best available candidate requires the use of selection tools that have been specifically designed to evaluate each candidate against the personal and professional qualities identified by the Council. For this reason, we tailor our selection techniques to the City's specific requirements. In addition, we also assume responsibility Proposal to tbe City of Ukiab page I for administering the selection process for the Council. EMPLOYMENT AGREEMENT One of the most sensitive parts of the selection process is frequently the negotiation of an employment agreement with the new City Manager. If this is not done with care and precision, it can result in either losing the preferred candidate or beginning the employment relationship in an awkward manner. To preclude this from occurring we are available to assist the Council and the City Manager in developing an agreement which is acceptable to both parties. TRANSITION PLANNING PROCESS Once the Council has selected a City Manager, the relationship between Council and Manager is just beginning and how it begins can affect the relationship for years to come. To be sure this relationship begins on a constructive basis, we will assist the Council and Manager in a transition planning process that will assure that the Council and Manager are clear about mutual expectations. Specific activities include the development of performance objectives, the clarification of Council and Manager roles, and the development of performance evaluation criteria for use by Council during the Manager's first year of service. ONE YEAR GUARANTEE If the candidate selected and appointed by the Council terminates employment for any reason before the completion of the first year of service, we will provide the Council with whatever professional services that are required to appoint a replacement. Professional consulting services will be provided at no cost to the City. Proposal to the City of Ukiah page 2 IL Consultant Team We have assembled a uniquely qualified team of professionals to assist the City. This team possesses both extensive consulting experience and a direct, in-depth understanding of local government. John Shannon will take the lead on the Ukiah engagement and will be assisted by Andrea Weiss. JOHN SHANNON Mr. Shannon has twenty-one years of human resources management experience including sixteen years experience as a consultant to local, regional and state government. During this time over 450 consulting engagements have been successfully completed for cities, counties, educational institutions, special districts, and regional and state agencies. Mr. Shannon was a partner in another local government consulting firm for ten years before starting his own firm in 1986. He began his career in key management positions with the City of Inglewood, California. Mr. Shannon received his Bachelor's Degree from the University of California, Santa Barbara and Master's Degree in management from the University of California, Los Angeles. ANDRFA WEISS Andrea Weiss is a consultant with the firm who brings a broad and varied background in the areas of recruitment, selection, and training. Her experience includes providing analytical and technical assistance to a variety of public sector agencies, cities, counties, and special districts in the human resources area. Prior to her work with Shannon, Davis & Associates, Ms. Weiss worked as a recruiter and trainer in the health care field. She also worked with the California Department of Transportation's Recruitment and Special Employment Programs Office. Ms. Weiss earned her Master's Degree in Career Counseling from California State University, Sacramento and has a Bachelor's from the University of California, Davis in International Relations. Proposal to the City of Ukiah page 3 · IlL Executive Search Process in Detail The executive search process presented below is designed to provide the Council with the full range of services required to assure the ultimate selection of a new City Manager that is uniquely suited to Ukiah's needs. Phase ·. Develop Candidate Profile and Recruitment Strategy TASK 1 - REVIEW AND FINALIZE EXECUTIVE SEARCH PROCESS AND SCHEDULE A critical first step in the engagement is a thorough review of the search process and schedule with the Council. This will ensure that the City's needs are met in the most complete manner possible. TASK 2 - MEET INDIVIDUALLY WITH EACH COUNCIL MEMBER As a prelude to a workshop session with the full Council, the consultant will meet individually with each Council member. The purpose of these meetings is to develop some individual insights regarding the community's needs and the personal and professional characteristics desired in a City Manager. TASK 3 - RECEIVE INPUT FROM OTHERS If desired by the Council, the recruitment process can provide for the active participation of commission representatives, department heads, employee representatives and community residents in the development of the candidate profile. The specific nature of the involvement process will be developed in consultation with the Council. The results of the above activities will be summarized by the consultant and provided to the Council as an additional source of information for developing the candidate profile and selection criteria. TASK 4 - DEVELOPMENT OF CANDIDATE PROFILE AND RECRUITMENT STRATEGY WITH FULL COUNCIL This task will be accomplished during a workshop session of approximately two hours in length involving the full Council and the consultant. This task will result in the identification of the personal and professional attributes required of the new City Manager and include the following activities: · The Council will identify priorities for the new City Manager. Proposal to the City of Ukiah page 4 The consultants will assist the Council in identifying the conditions and challenges likely to be encountered in achieving the priorities identified above. Using a consensus-building process, the Council will describe the type of working relationship it wishes to establish with the City Manager. The consultants will assist the Council in generating a list of specific competencies, experiences and personal attributes needed by the new City Manager in light of the analyses conducted above. The consultants will present several recruitment and selection strategies for the Council's consideration. The Council will choose the recruitment and selection process most likely to produce the intended results. TASK 5 - PREPARE RECRUITMENT DOCUMENTS Following the completion of the workshop session, the text for an attractive recruitment brochure will be prepared and presented to the Council for review prior to printing. In addition, advertisements will be prepared and placed for publication in appropriate magazines, journals, newsletters and job bulletins. Proposal to the City of Ukiah page 5 Phase II. Recruitment TASK 1 - IDENTIFY AND CONTACT POTENTIAL CANDIDATES This task will include a variety of activities designed to attract the best available candidates. In addition to the placement of advertisements in appropriate professional journals, the consultant will: Contact leading local government executives to request assistance in identifying outstanding potential candidates. Provide each potential candidate with a copy of the recruitment brochure transmitted by personal letter. Contact potential candidates by telephone to explain the career opportunity, answer questions, and encourage them to submit a resume. TASK 2 - CONDUCT INITIAL SCREENING All resumes will be submitted directly to the consultant for initial screening. This screening process is specifically designed to assess the personal and professional attributes the Council is seeking and will include: A thorough review of each candidate's resume and other supporting materials. Screening interviews, in person whenever possible, with those candidates that appear to best meet the City's needs. · Preliminary reference checks. TASK 3 - COUNCIL SELECTS FINALISTS At the conclusion of the previous tasks, the consultant will prepare a report summarizing the results of the recruitment process and recommending six to eight candidates for further consideration by the Council. The report will include a written report on each candidate's background, including resumes and supplemental questionnaires. The consultant will meet with the Council to review this report and to assist the Council in selecting a group of finalists for further evaluation. Proposal to the City of Uktah page 6 Phase III - Selection TASK 1 - DESIGN SELECTION PROCESS Based on the results of the workshop session conducted in Phase I, the consultant will design a selection process to be utilized by the Council in assessing the finalist candidates. This process will typically include an in-depth interview with each candidate but may also include other selection tools such as an oral presentation, preparation of written reports, and problem solving exercises. TASK 2 - ADMINISTER SELECTION PROCESS The consultant will coordinate all aspects of the selection process for the Council. This includes contacting both the successful and unsuccessful candidates, preparing appropriate materials, facilitating the interviews, and assisting the Council with deliberation of the results of the interviews. TASK 3 - ARRANGE FOLLOW-UP INTERVIEWS AND CONDUCT FINAL REFERENCE CHECKS Following the completion of the selection process the consultant will be available to schedule and coordinate follow-up interviews and complete final reference checks. TASK 4 - ASSIST COUNCIL IN NEGOTIATING EMPLOYMENT AGREEMENT Once the Council has made a selection, the consultant will assist the Council and new City Manager in developing the terms of an agreement that covers compensation and other terms and conditions of employment. Proposal to the City of Ukiah page 7 Phase IV- Transition Planning Process (Option) Based on the parameters established in Phase I, the consultants will facilitate a workshop session of approximately four hours in length involving the full Council and the new City Manager. This session is designed to assure that the Council and Manager are clear about mutual expectations and will include: The clarification of roles between Council and Manager and ways of dealing with role conflicts as they arise. The development of performance objectives for the City Manager for the first year. The development of the performance evaluation criteria for use by Council during the Manager's first year of service, and an evaluation framework that can be used in future years. This workshop has been very well received by Councils and managers in many of our client cities. It helps to get the most important working relationship in city government off to a good start. Proposal to the City of Ukiab page 8 IV. References Listed below is a sample of recruitments we have concluded for Council /Board appointed officials. In addition, a more detailed Bst of references is presented in Appendix A~ Client Position Contact Concord City Manager Mike Pastrick Former Mayor 510 671-3000 La Pa]ma City Manager Leonard Wood Interim City Manager 714 523-77OO Pasadena City Manager Phil Hawkey City Manager 818 405-4333 Riverside City Manager John Holmes City Manager 9O9 782-5312 San Leandro City Manager Mike Oliver City Manager 510 577-3389 Sonoma City Manager Pam Gibson City Manager 7O7 938-3681 Tucson City Manager Jack Redavid Human Resources Director 6O2 791-4241 California State Association of Counties Executive Director Mike Graves President 408 637-1544 County of Yolo County Administrative Officer Helen Thomson Supervisor 916 666-8620 Proposal to the City of Ukiah page 9 Fast Track Schedule If desired by the Council, the schedule can be accelerated by a variety of specific strategies. These include limiting the use of advertisements in professional journals and relying almost exclusively on personal contacts to recruit candidates; shortening the outreach recruitment period; and fast tracking the candidate screening and Council selection processes. A schedule utilizing these strategies can reduce the schedule by up to six weeks. to Proposal to the City of Ukiah page 11 Fees for Professional Services Cost Full Recruitment Services (Phase I through III as described in this proposal) ........................................ $12,500 Transition Planning Process (Phase IV) ....................... $ 2, 000 Reimbursable Expemes Actual out-of-pocket reimbursable expenses for such items as travel, long distance telephone, printing / copying, and postage / deBvery charges. Estimated Range .................................. $3,000 - $6,000 Professional fees and reimbursable expenses would be billed and paid monthly. Proposal to the City of Ukiab page 12 APPENDIX A CLIENT CONTACT POSITION Alameda County Waste Management Authority Alameda-Contra Costa Transit District Alameda County City of Albany City of Alhambra City of Antioch City of Big Bear Lake City of Buena Park Central Contra Costa County Sanitary District Thomas Martinsen Executive Director 510/639-2481 Betty Blubaugh Assistant to General Manager 510/891-4863 Adolph Martinelli Planning Director 510/670-5400 Robert Nichols Mayor John Nachbar City Administrator 510/528-5720 Mary Louise Bunker Mayor 818/570-5090 Joel Keller Mayor Dave Rowlands City Manager 510/754-8384 Stephen Wright City Manager 714/866-5831 Kevin O'Rourke City Manager 714/521-9900 Paul Morsen Deputy General Manager 510/689-3890 Cathryn Freitas Personnel Officer 510/229-7308 Executive Director Planning Manager Senior Planner Associate/Assistant Planner Budget Manager Controller Human Resources Manager Executive Director Lead Preventative Program City Administrator Director of Finance & Administrative Services Public Works Director City Manager City Manager Information Systems Manager City Manager City Engineer Police Chief Development Services Director Management Information Systems Administrator Engineering Support Supv. Supervising Accountant Public Information & Graphics Coordinator Environmental Engineer Safety & Loss Control Specialist Operations Safety Specialist CLIENT CONTACT POSITION City of Ceres City of Chico City of Clayton City of Concord Contra Costa County Transportation Authority City of Corcoran City of Cupertino City of Davis City of Del Mar Gary Napper City Manager Richard McBride Mayor 209/538-5755 Mary Andrews Mayor Tom Lando City Manager 916/895-4803 Robert Kendall Mayor Thomas Steele City Manager 510/672-3622 Mike Pastrick Mayor Ed James City Manager 510/671-3150 Robert McCleary Executive Director 510/687-2282 Bob Hansen Mayor Donald Pauley City Manager 209/992-5150 Don Brown City Manager 408/252-4505 John Meyer City Manager 916/757-5602 Rod Franklin Mayor Lauraine Brekke City Manager 714/744-2000 City Manager Chief of Police City Manager Finance Director City Manager City Manager Executive Director City Manager City Manager Director of Administrative Services City Planner City Manager CLIENT City of El Cerrito El Dorado Irrigation District City of Fairfield City of Fountain Valley City of Fremont City of Fresno City of Glendale, AZ City of Hayward City of Hemet City of Hercules CONTACT Jean Siri Former Mayor Gary Pokorny City Manager 510/215-4300 Rob Alcott General Manager 916/622-4513 Yolanda Irigon Former Personnel Officer 510/799-8200 Ray Cromer Assistant City Manager 714/963-8321 Jo Ann Wexler Personnel Director 510/791-4300 Gary Kirchner Personnel Administrator 209/498-1009 Martin Vanacour City Manager 602/435-4256 Ray Osuna Human Resource Director 602/435-4121 Lou Garcia Former City Manager 408/277-554O Joe Guzzetta City Manager 714/658-9411 Marilyn Leuck City Manager 510/799-8200 POSITION City Manager Director of Engineering Project Administrator Accounting Officer Planning/Building Director Assistant City Engineer Leisure Services Director Senior Civil Engineer Assistant City Manager Community Development Dir. Integrated Waste Mgmt. Administrator Public Information Officer Police Chief Personnel Director Wastewater Treatment Manager Fire Chief Budget & Research Director City Manager Deputy Dir. of Public Works Director of Public Works Police Chief City Attorney Personnel Director CLIENT City of Inglewood City of Lake Oswego, OR County of Lasssen Las Virgenes Municipal Water District City of Livermore City of Long Beach City of Menlo Park City of Merced City of Mission Viejo City of Modesto City of Monrovia CONTACT POSITION Paul Eckles City Manager 213/412-5307 Peter Harvey Former City Manager 602/412-7000 Bill Bixby County Administrator 916/251-8333 Ed McCombs Former General Manager 805/658-0578 Lee Horner City Manager 510/373-5100 Susan Schick Community Dev. Director Ed Putz City Engineer 213/590-6555 Jan Dolan City Manager 415/858-3360 Jim Lindsay Mayor 209/385-6982 Fred Sorsabal City Manager 714/582-2489 Ed Tewes City Manager 209/577-5223 Jeanne Kennedy Assistant City Manager 818/359-3231 Development Manager Deputy City Manager Planning Director County Counsel General Manager Director of Finance Director of Operations Director of Resource Conservation Reclamation Superintendent Lab Supervisor Fire Chief Real Estate Manager Division Engineer Deputy City Manager/Dev. Services Transportation Manager City Manager City Manager Transportation Engineer Public Works & Transportation Director Fire Chief CLIENT City of Monterey City of Orinda City of Oxnard City of Palmdale City of Pasadena City of Pleasant Hill City of Rancho Cucamonga Regional Planning Governing Board, Reno/Sparks Washoe County, NV City of Riverside Sacramento Area Flood Control Agency CONTACT Lee Riordan Former City Manager 408/625 -3993 Tom Sinclair City Manager 510/254-6130 Vern Hazen Former City Manager 805/385-7428 Robert Toone City Manager Sandi Jensen Personnel Director 805/273-3162 Phil Hawkey City Manager 818/405-4333 William Thomson Former Mayor 818/464-6234 Joseph Tanner City Manager 510/944-3270 Jim Hart Former Admin Svcs Director 619/367-6799 Kris Schenk Planning Director 702/348-8585 John Holmes City Manager Judi Griffith Personnel Director 909/782-5574 Bill Edgar City Manager 916/449-5704 POSITION City Manager Assistant City Manager Public Works Director Police Chief Planning Director City Manager City Manager Deputy City Engineer City Engineer Regional Planning Director City Attorney Assistant Director of Housing Personnel Director Wastewater System Manager Building Official City Manager Fire Chief Senior Civil Engineer CLIENT CONTACT POSITION City of Sacramento Sacramento County City of Salinas San Joaquin County Council of Governments City of San Leandro City of San Pablo City of Santa Barbara City of Santa Clarita Donna Giles Personnel Director 916/264-5270 Roger Fong Personnel Services Admin. 916/440-7097 William McLeod Public Works Personnel Officer 916/440-6571 Doug Fraleigh Director of Public Works 916/440-6581 David Mora City Manager 408/758-7212 Bart Meays Executive Director 209/468-3913 Mike Oliver City Manager 510/577-3354 Steve Harman Human Resources Director 510/577-3399 June Catalano Director of Development Services 510/577-3415 Sharon Brown Former Mayor Rory Robinson City Manager 510/234-6443 Joan Kent Personnel Director 805/963-0611 George Carvalho City Manager 805/255 -4900 Planning and Development Director Public Works Director County Counsel Deputy County Counsel Senior Civil Engineer Associate Civil Engineer Associate Civil Engineer Water Resources Engineers Principal Civil Engineer Director of Social Services Safety Engineer Industrial Hygienist Chief Real Estate Agent Redevelopment Director Executive Director City Manager Planning Manager Director of Planning & Building Director of Engineering & Transportation Redevelopment Administrators Economic Development Coordinator Human Resources Director City Manager Police Chief Community Development Director Water Supply Development Manager City Manager Economic Development Coordinator CLIENT City of Santa Monica City of Stockton City of Sunnyvale City of Taft CONTACT John Jalili City Manager Lynne Barrett Assistant City Manager 213/393-9975 POSITION Joan Darrah Mayor 209/944-8244 Dwane Milnes City Manager 209/944-8212 Tom Lewcock City Manager 408/73O-748O Izetta Birch Former Human Resource Dir. 213/217-7741 Wayne Dears Former Mayor 805/763-3144 Eric Ziegler City Manager 909/845-1171 City Engineer Fire Chief Maintenance Manager Utilities Manager City Manager Solid Waste Manager Accounting Officer Assistant City Engineer Building Maintenance Supt City Engineer City Manager Planning Director Economic Development Dir. Neighborhood Preservation Manager Risk Manager Neighborhood Preservation Specialist Planning Officer Revenue Officer Parks & Recreation Director Supervising Accountant Assistant to the City Manager Risk & Insurance Manager Director of Public Safety Director of Human Resources Director of Information Services Director of Finance Manager, Continuous Quality Improvement CLIENT City of Tucson, AZ City of Tustin City of Union City City of Upland City of Vacaville City of Vallejo West Contra Costa Integrated Waste Management Authority City of West Covina City of West Hollywood CONTACT Jack Redavid Director of Human Resources 602/791-4241 Bill Huston City Manager 714/573-3010 Karen Smith City Manager Beth Gerrits Personnel Director 510/471-3232 Kevin Northcraft City Manager 909/931-4100 John Thompson City Manager 707/449-5100 Mark Gregerson Director of Human Resources 707/648-4527 Don Bradley City Manager City of Pinole 510/724-9000 Nancy Manners Council Member Jim Starbird City Manager 818/814-8400 Paul Brotzman City Manager 213/854-7400 POSITION city Manager Dir of Human Resources Deputy Library Dir Fire Chief Director of Community Services Police Chief Dir. of Information Services Director of Public Works Redevelopment Manager City Manager Finance Director Traffic Engineer Asst Community Development Director Director of Human Resources Deputy Public Works Director/City Engineer Executive Director City Manager Assistant City Manager Community Development Director Director of Administrative Services Specializing in Top Level Executive Search for Local Government in the West 16201 Stagecoach Road ° Meadow Vista, California 95722 Telephone: (916)878-1110 ° FAX: (916)878-0201 September 2, 1995 Honorable Mayor and City Council City of Ukiah 300 Seminary Avenue Ukiah, CA. 95482 Attention: Kari Revheim Thank you for your invitation to submit a proposal for professional services relative to the recruitment of a new City Manager for Ukiah. The selection of a new City Manager is one of the most important decisions the City Council will make, and it would be our privilege to assist you in securing the best possible pool of candidates for your consideration. Your invitation reaches us at a good time, as we have just completed a very successful search on behalf of the City of Yreka, and we are prepared to undertake an aggressive recruitment campaign on the City's behalf. The attached proposal describes: (1) Westem's approach to executive search; (2) the schedule for the search; (3) fees and expenses; (4) biographical information on the Western team; and (5) references. To summarize our proposal, our approach to executive search differs from that of some other firms whose primary objective seems to be volume. We do not rely principally on a passive advertising approach (although advertising is desirable and appropriate for most agencies), but rather we take a proactive approach based on personal recruitment on behalf of our client. I would personally supervise the Ukiah search, with Gayle Anstine and Jan Dunstan having major responsibilities for the search. We will draw on Randy Bachman and Roger Anderman as needed for their special abilities. As City Manger of five cities, with populations ranging from 15,000 to 300,000 (specifically, Redding, Fresno, Salinas, Covina and San Dimas), over a period of 30 years, I have been responsible for a large number of successful recruitments, not to mention the team building that follows hiring. My recruitments, moreover, have not been those of a consultant who completes his assignment and leaves, but that of a City Manager who is aware that he must live with the consequences of his decision. ROGER C. ANDERMAN Vice President GAYLE A. ANSTINE Vice President ROBERT M. CHRISTOFFERSON President RANDY L. BACHMAN Vice President JAN C. DUNSTAN kTce President Honorable Mayor and City Council City of Ukiah Page 3 Fifth, our prospects are second only to our clients in importance, and we treat all candidates with respect, keeping them informed as to the status of the search, so that the City's good name and reputation is protected. Sixth, we keep our clients fully informed as to the status of the search through a series of progress reports. Seventh, we offer the bonus of a performance evaluation at no additional fee as further insurance of a successful legislative/administrative relationship. Eighth, I have personal experience with an electric utility (both in Redding and in Glendale) and as important as the electric utility is to its parent city, this experience will be very useful in evaluating the potential of candidates, one of whom will have responsibility for supervising this important function. Finally, we are totally committed to the highest ethical standards in our work, subscribing to the ethics for executive search firms established by the International City/County Management Association. The bottom line: we are prepared to give you a significantly better product at a lower cost. We would be pleased and highly motivated to undertake this project on Ukiah's behalf, not as "just another recruitment," but as a top-priority project tailored specifically to your needs. We are prepared to begin work immediately on your authorization, and will expect to have a list of candidates, together with supporting analytical and biographical information, in your hands within about 90 days of beginning work. Very truly yo.gr_5~, Robert M. Christo~rson President ~ ukiah3.wes Attachment PROPOSAL TO THE CITY OF UKIAH FOR EXECUTIVE SEARCH SERVICES RELATIVE TO THE POSITION OF CITY MANAGER WESTERN'S APPROACH TO EXECUTIVE SEARCH Our entire approach is client oriented, designed to: o 2. 3. 4. o o Help identify the needs of the City; Develop a strategy that will meet those needs; Conduct an aggressive search on behalf of the City; Educate the strongest candidates as to the advantages of serving as City Manager of Ukiah; Assist the City, to the extent that it desires such assistance, in the selection process; and Complete the process in a manner that contributes to long-term positive relationshiPs between the City Council and City Manager. Toward this objective, Western' s search on behalf of the City of Ukiah would have the following elements: 1. Identify the Characteristics of the Ideal City Manager for Ukiah In this first and most important step in the process, we will meet with the City Council members, individually and collectively. We will invite information and guidance regarding current challenges and issues facing the City and the type of personal and professional qualities you feel will best serve the City in that context. This process will form the foundation for all that follows. We are prepared to begin this process immediately, and this would require one full day of work, assuming availability of all Council Members to meet as a group, perhaps after individual interviews. 2. Develop Recruitment Strategy Based on the results of the first step, we will then develop a recruitment strategy. This strategy will focus on the most cost-effective manner of reaching a pool of top-ranked candidates worthy of the City's consideration. Advertising in appropriate professional journals is an element in such a strategy, but it is by definition a passive approach and perhaps the least effective in terms of developing the best candidates for the City. Personal, aggressive recruiting, based on the special needs of the City, will produce the most promising candidates. Development of the recruitment strategy can be completed in three days. 3. Search for the Best Candidates We will then begin the actual recruitment, with the major emphasis on personal contact. We will place advertisements in appropriate journals on behalf of the Page 2 City, and the closing date will be a function of publication schedules, but our personal recruitment will begin immediately. We will consider all applications received, and narrow the field down to the 15 to 20 most qualified candidates. We will personally interview each of these semi-finalists and conduct a preliminary background investigation on the most promising. At this stage we will focus on some of the more subjective, but nevertheless critical areas, such as ethics, interpersonal relations, commitment to public service, work ethic, administrative leadership qualities and similar considerations. Done properly, this is the most labor-intensive and costly phase of the process, requiring the investment of considerable time and expense. Throughout the recruitment process we will extend every courtesy to applicants so that their view of the City of Ukiah is a positive one. One of the complaints most frequently heard about the manner in which search firms go about their work is that they fail to keep the applicants informed and fail to notify the unsuccessful applicants in a timely manner. It is very important that your search professional, as your agent in this process, present the City of Ukiah's opportunity in the most positive possible light and treat all applicants with respect. 4. Report to City We will develop a detailed report on those candidates who survive the preceding step for submission to the City. This report will cover the personal and professional characteristics of each candidate, information on their contributions to previous employers and will include a copy of their resume. Western will also identify any special areas that might be of potential concern to the City. Depending upon your wishes, we will meet with you to go over the report in detail, and we will recommend a group for interview (perhaps six to eight, depending upon your wishes), but you will make the final decision as to the group to be invited for interview. We will also make periodic progress reports to you at critical points in the process, as we have found that clients appreciate being kept very much in contact with the process. 5. Assist as Requested in Interview Process Once the official list of finalists has been identified, we will assist you (if desired) in the development of the interview process. This is an especially critical step, as this is your opportunity to draw out the information needed to make final decisions. Some uniformity of interview is desirable, both from an equity and legal viewpoint, and the content of the interview process must be well thought out and agreed to in advance. We will assist you in the development of the interview design and in the actual conduct of the interviews, as desired. It must be stressed, Page 3 however, that your search professional serves as a facilitator only; the City Council makes the decisions. 6. Conduct Supplemental Background Investigations, If Needed Often the interview process produces a narrowing of the field, but not a clear cut choice. You may find that, out of the six or eight candidates interviewed, two or three emerge as the best qualified to serve Ukiah at this particular time, and more information is needed. At this point, supplemental in-depth background investigations may be desired, and supplemental interviews may be needed. If visits to the home city of two to four finalists are deemed necessary, for example, additional time and expense may be involved. (It would obviously be more costly, in both time and expenses, to provide an in-depth background check on candidates from out of state, for example, than in California). Cities often feel that this final step in the selection process is warranted, considering the importance of the decision and the potential for securing additional information on the candidate's home turf. In the alternative, you may wish to consider using your Police Department or a private detective for this purpose. 7. Assist in Negotiations, As Desired We are prepared to assist you in the negotiation of the compensation package and employment agreement, if desired. A positive and productive long-term relationship can be promoted by a well conducted negotiation process and perhaps the development of an employment agreement that clearly identifies the duties and responsibilities of the parties. This is a business-like conclusion to the procedure that should not be eclipsed by the feeling of success that accompanies the completed selection process. 8. Facilitate Performance Evaluation after Six Months At no additional fee to the City of Ukiah, and as an extra step to ensure success of the selection process, Western will facilitate a performance evaluation process after approximately six months of the new City Manager's service. This step is strictly at your option, of course, but we encourage such a process for the mutual advantage of the City, the City Manager, and of course the public. The process we recommend for your use is specifically designed for the individual clients, based upon the job description of the City Manager, the City Council's expectations, and the specific functions of the City. The process is identical to that which we provide to agencies as a separate service, but involves only payment of direct expenses. In addition to the foregoing, Western can provide supplemental services if desired by the City. We have business relationships with several industrial psychologists, for example, if Council Page 4 desires such screening. We can also provide assessment centers, if this screening device is desired, and we can also assist in the placement of spouses. TENTATIVE SCHEDULE FOR RECRUITMENT PROCESS The following schedule is based on the assumption that agreement for executive search services is reached within the week or so after your September 15 deadline: Sept. 26, 27 or 28 Meeting with City Council to identify characteristics of ideal City Manager for Ukiah Sept. 29 - Oct. 1 Development of recruitment strategy, based on City's indication of preferences October 2 Proactive personal recruitment begins Placement of advertisements November 8 Appearance of advertisement in Western City. (Other journals, such as ICMA Newsletter and Jobs Available, have different deadlines, but Western City's is the critical path deadline) November 30 Closing date for applications December 6 Preliminary report to City Council December 11 - 16 Western's interviews with semi-finalists December 20 Report to City Council January 6 Interview of finalists by City Council (This schedule can be compressed, if Council desires, in the interest of time, but interviews during the latter part of December may be inconvenient for Council and finalists) January 8 - 12 Background checks January 15 - 19 Final consideration by City Council, possible development and negotiation of employment agreement SERVICE FEES AND EXPENSES Western's fees are tailored to our clients' needs and desires and, based on our understanding and impressions of the City of Ukiah' s needs, we are prepared to conduct a search on your behalf for a professional fee of $8,500, assuming that extensive supplemental background investigations are Page 5 not necessary. In addition to the basic fee, we would bill on a monthly basis for reimbursement for direct expenses, such as advertising, printing, travel, telephone, postage and clerical services, which we estimate would total about $4,000, unless supplemental background investigations involving extensive travel are necessary. The service fee is payable in three equal amounts, with the first billed and payable upon acceptance of our proposal, the second after recommendation of candidates, and the final payment upon completion of the assignment. WHO WE ARE: THE WESTERN TEAM Robert M. Christofferson, President Bob Christofferson has 38 years of experience in city management, serving the cities of Beverly Hills, Glendale, San Dimas, Covina, Salinas, Fresno and Redding. As such he has recruited and selected personnel for literally the full range of top-level positions, shaping the management team for more effective government. He has utilized a variety of selection methods, including assessment centers as well as the more traditional methods. He lectured as an adjunct professor for eight years at Golden Gate University and the University of Southern California, and holds a bachelor's degree in sociology from the University of California at Santa Barbara and a master's degree in public administration from the University of Southern California. He has served as president of the City Managers' Department of the League of California Cities, as a member of the Board of Directors of the League of California Cities, and as Western Regional Vice President of the International City/County Management Association. He is a life member of ICMA. Roger C. Anderman, Vice President Roger Anderman has over 28 years of experience in city management, community development and redevelopment. He served as city manager of Fremont for three years, the City of Long Beach as community development director and redevelopment director for five years, and as community development director of Salinas for 12-1/2 years. While with the City of Salinas, he was on loan to the State of California for seven months, serving as special assistant to the chairman of the State Commission on Governmental Reform. He worked in the county administrator's office in Monterey County, for two years prior to joining the City of Salinas, and served as assistant city manager of Fremont for two years prior to his appointment as city manager. He served the City of Dayton, Ohio, as an assistant in the city manager's office, is a member of the International City/County Management Association and formerly was a board member of the California Redevelopment Association. He holds a bachelor's degree in political science/public administration from the University of California at Berkeley, and a master's degree in governmental administration from the Fels Institute of Local and State Government at the University of Pennsylvania. Page 6 Gayle A. Anstine, Vice President Gayle Anstine has over 25 years of experience in city administration, both as Administrative Assistant to the City Manager and as a key staff member in several other departments of the City of Redding, including Community Development, Convention Center, and City Clerk. As Vice President for Business Development, she works closely with clients and prospective clients in an "ombudsman" role to ensure that the clients' interests always come first. She holds an associate of arts degree in business administration from Santa Rosa Community College and has completed the three-phase professional development program of Continuing Education for Public Officials sponsored by the League of California Cities. Randy L. Bachman, Vice President Randy Bachman has four years of experience as a senior management analyst for the City of Redding, with responsibilities in budgeting, special analytical studies, public information, and administration of the City's parking citation program. He holds a bachelor's degree in journalism from California State University Sacramento. Jan C. Dunstan, Vice President Jan Dunstan has 15 years of experience in county personnel practice as a senior personnel analyst with the County of Yuba, plus approximately two years in management level assignments in the personnel office and city manager's office of the City of Ventura. Her experience includes recruitment and selection of the full range of county personnel, including highly specialized searches for physicians, attorneys, and other professions. Her assignments have included responsibility for labor relations, training, risk management, discrimination claims, and workers' compensation. Her experience with Yuba County has included interim assignments as County Administrative Officer and as Personnel Director. She holds a bachelor's degree in psychology from California State University Chico and a master's degree in public administration from the University of Southern California. In addition to the officers of Western Executive Search, our associates are drawn from a wide range of subject matter specialties as needed. We also have business relationships with several industrial psychologists to assist when the client desires this particular type of screening of candidates. SUCCESSFUL SEARCHES My personal experience in executive recruitment is extensive, not as a consultant but as a practicing City Manager who was held accountable for the consequences of his decisions. It is a pleasure to be able to say that with only one exception about 20 years ago, searches I have conducted have been extremely successful. It is my firm conviction that one of the very most important contributions that a City Manager makes to his City is the recruiting, training, developing, and supervising an administrative leadership team that is professional and competent Page 7 and functions as a team in responsiveness to the City Council's direction in serving the public. Accordingly, I have handled all top-level recruitments personally, with some staff assistance in the process. I also assisted the City Councils of Marina and Mt. Shasta at their request in their recruitment and selection processes on a pro bono basis, but the most germane search for your reference purposes is the very successful one we just completed for the City of Yreka. City Manager Jim Dillon and Mayor Jim Eckman could be contacted for comment if you desire. REFERENCES The following individuals have knowledge of our professional qualifications and approach to management issues: Don Benninghoven, Executive Director, League of California Cities, Sacramento, California Bill Hansell, Executive Director, International City/County Management Association, Washington, D.C. Dan Whitehurst, Funeral Director/Attorney and former Mayor, City of Fresno, Fresno, California Henry Hibino, President, Hibino Farms, and former Council Member/Mayor, City of Salinas, Salinas, California Barbara Gard, Executive Director of the California Psychiatric Association and former Mayor of City of Redding Lee D. Fulton, M.D., former Mayor Redding K. Maurice Johannessen, State Senator and former Mayor of Redding ACCEPTANCE If this proposal meets with your approval, your signature below and return of one copy will be authorization for us to get the process under way immediately. Submitted by Western Executive Search, Page 8 Name: Title: Date' Robert M. Christofferson President September 2, 1995 Accepted for the City of Ukiah, California Signature Name: Title: Date: ukiah 4.wes DMG DAVID M. GRIFFITH & ASSOCIATES, LTD. Professional Services for the Public Sector 4320 Auburn Boulevard, Suite 2000 Sacramento, California 95841 916,485,8102 Fax: 916-485,0111 September 12, 1995 Honorable Fred Schneiter and Council Members Attention: Ms. KaN Revheim City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Dear Mayor Schneiter and Council Members: Thank you for inviting David M. Griffith & Associates, Ltd. (DMG) to submit a proposal to conduct the recruitment for the new City Manager. The enclosed proposal contains information about the search process, the project budget, and the qualifications of the firm and our executive recruitment staff. Also enclosed is a listing of past recruitment clients and a sample recruitment brochure. DMG, established in 1976, with offices in 30 cities across the country, is uniquely qualified to assist you on this assignment. Our recruiters are the recognized leaders in the field of executive search. Specializing in local government recruitment, we bring the experience gained from handling over 300 searches on behalf of cities, counties, and special districts. With respect to this important assignment you should know: In the past two years DMG has conducted over 50% of the City Manager recruitments in the Bay Area. These have included the cities of Campbell, Mountain View, Orinda, Pleasanton, San Jose and Tracy. In addition, we have completed City Manager searches for the Cities of Redding and Lincoln as well as numerous other California cities and throughout the United States as listed in the attached material. I have personally conducted more than 60 City Manager searches and will lead the efforts tbr the City of Ukiah recruitment. Honorable Fred Schneiter and Council Members City of Ukiah Page 2 Our active network in local government far exceeds that of any other search firm. We welcome the opportunity to assist the City of Ukiah in this important assignment. Many search firms will suggest that they are the leader in the field. At DMG, we believe the proof is our record of success with past clients. Over fifty percent of the search work completed by our staff is repeat business. Past clients tell our story best. We have included names and phone numbers of individuals who can verily the quality of our work. Again, thank you for inviting us to submit a proposal to assist in the recruitment of the City Manager. Should you have any questions or require additional information, please feel free to call me or Chuck Neumayer in our Sacramento office at (916) 485- 8102. Sincerely, Robert W. Murray Vice President Executive Recruitment Services EXE C U TI VE SUMMA R Y APPROACH TO THE RECRUITMENT Define the position and develop candidate profile Design and execute advertising campaign Conduct aggressive candidate outreach · Carefully screen all resumes · Interview most qualified candidates · Conduct thorough reference checks · Facilitate the selection process · Assist in employment negotiations · Handle all correspondence · Provide frequent status reports. RECRUITMENT STAFFING Mr. Robert Murray will lead the recruitment effort for the City of Ukiah. He has more than twenty-five years of experience as a City Manager and in the executive search business. He will be assisted on the project as needed by Chuck Neumayer with more than 25 years in local government and government consulting experience. FEES AND EXPENSES Fixed professional tee of $12,000. Reimbursement of out-of-pocket expenses not to exceed $3,500. DAVID M. GRIFFITH & ASSOCIATES Recruiters recognized as leaders in the field An established leader in the recruitment of City Manager's. Largest local government consulting practice in the United States Hundreds of related projects Immediately available. TABLE OF CONTENTS Approach and Objectives Approach to the Recruitment Objectives The Recruitment Process Key. Steps Optional Services Assessment Centers Psychological Assessment Salary. Surveys and dob Classification Spousal Placement Summary and Guarnntee Professional Fees, Expenses, and Timing Executive Recruitment Staff Client Refereuces 13 David M. Griffith & Associates, Ltd. 14 Appendix- Past Clients A PPR OA CH AND OBJECTIVES APPROACH TO THE RECRUITMENT DMG recognizes that each of our clients is unique. We understand that the mission, culture, and values of each organization we serve is different. As a result, each recruitment we undertake is designed to identify the specific expectations you have regarding the background and experience of the ideal candidate. The selection of a new City Manager will have a long-term impact on the City of Ukiah. Our goal is to ensure that the recruitment respects the distinctive character of your organization and the community it serves. To that end. we have established specific objectives for the recruitment process and have refined an approach to executive search that has proven effective for hundreds of clients. OBJECTIVES In order to ensure that the recruitment serves the needs of the Ukiah City Council, we have designed a recruitment process specifically tailored to your needs and designed to meet the following broad objectives: Identify the critical personal and professional attributes you seek in the new City manager. Recruit individuals who meet or exceed the qualifications that have been established for the position. Conduct reference checks to verify the prot~ssional qua;'qcations and background of each of the recommended finalists. Assess the strengths and weaknesses of the top candidates, through personal interviews and other screening techniques to ensure that the individuals who best meet your needs are recommended as finalists. Ci~. of Ukiah I drng THE RECRUITMENT PR 0 CESS KEY STEPS The recruitment process outlined below has been designed to recruit the most qualified candidates for consideration t'or appointment as the City of Ukiah's new City Manager. Step 1--Develop Candidate Profile In order to develop the profile of the ideal candidate for Ukiah, we will meet with the City Council and others in the community (if desired) to develop information regarding specific issues and opportunities facing the City. The desired education, experience, and background of the sought-after candidate will be determined. We will also work with you to identify the management skills and style that are appropriate for the new City Manager. The discussions will result in a consensus-driven profile of the ideal candidate. The profile will guide all subsequent recruitment efforts. Step 2--Develop Advertising Campaign Based on the above discussions, an advertising campaign will be developed. Emphasis will be placed on reaching the target market and controlling costs. Professional publications, journals, and other sources will be used. Step 3--Candidate Recruiting One of the most critical steps in any recruitment is the effort expended to identity and recruit outstanding candidates. The focus of DMG's efforts will be on: Developing a list of outstanding potential candidates through his network developed over several years. Use of Mr. Murray's and Mr. Neumayer's knowledge of quality candidates from past recruitments. Effective marketing of the position and the community to ensure quality candidates are attracted to the position. Ci~. of Ukiah 2 dmg In addition, a recruitment brochure will be developed on behalf of the City of Ukiah. The brochure will discuss the recruitment process, the requirements of the position, the organization, the community and the timing of the recruitment. The brochure will serve as the primary marketing tool in the recruitment. Step 4--Screen Resumes Resumes received on your behalf will be promptly acknowledged. Once the closing date for the recruitment has passed, resumes will be screened against the criteria identified by the Mayor and Council in our initial meetings. Candidates whose qualifications most closely match or exceed those identified in the recruitment profile will be invited to personal interviews. Step 5--Personal Interviews Mr. Murray will personally interview the top 10-20 candidates. The interviews will focus on an assessment of the candidate's skills, background, and experience. An assessment of the candidate's strengths and weaknesses will be made. In addition, candidates will be questioned regarding their motivation in seeking the position and their level of interest in relocating to Ukiah if they live outside the area. Step 6--Conduct Detailed Reference Checks Following interviews, reference checks will be conducted. Each candidate will be subject to detailed professional reference checks. Not only will references provided by the candidate be contacted, but others in a position to know about the candidate will be sought out. These checks will be conducted in the strictest of confidence to ensure the honesty of comments received. The objective evaluation of candidates' professional qualifications will be emphasized. Step 7--Recruitment Report Based upon the results of the proceeding steps, a detailed recruitment report will be prepared. The report will contain information about each of the recommended finalists including: · Current responsibilities · Community characteristics City of Ukiah 3 dtng · Notable achievements · Management style · Reference comments. In addition, the resumes of the top candidates and alternates will be presented. Of importance, the names and positions of all candidates will be included for your review. A comprehensive briefing on the candidates will be provided the Mayor and Council on delivery of the report. Mr. Murray will recommend a specific group of candidates for final consideration. The Mayor and Council will select finalists. Step 8--Finalist Interviews Once finalists have been selected, we will work with you to develop a selection process that will ensure the fairness of the recruitment. DMG will notify finalists of their selection and work with your staff to arrange and schedule the final selection process. Interview materials will be prepared for your use including suggested questions and rating forms. Detailed information on each candidate will also be provided. In addition, Mr. Murray will be present to facilitate the process. Step 9--Negotiation Assistance One of the most critical steps in the recruitment and selection of the next City Manager is negotiating compensation. Mr. Murray will be available to assist the City Council and act as their representative. Successful negotiations will ensure that the relationship starts on a positive note. Step 10--Complete Administrative Assistance Throughout the recruitment, DMG will provide the City of Ukiah with regular written status reports. In addition, we will keep candidates advised of the status of the recruitment; resumes will be acknowledged and candidates notified of their selection as finalists. Attention to keeping everyone informed of the progress of the recruitment will do much to ensure its success. Ci~. of Ukiah 4 drag OPTIONAL SER VICES Depending on the needs of the City, DMG can provide a number of optional recruitment services in addition to those outlined above. Those services include: Goal Setting Assessment Centers Psychological Assessment Salary Surveys and Job Classification Analysis Spousal Placement. Goal Setting--Conducted by our staff and lasting one-half to one day, these sessions are an excellent method for communicating the employer's performance expectations for a specific period of time. They are most effective when conducted following the recruitment with the successful candidate in attendance. Assessment Centers--Assessment centers are a process employing group exercises designed to identify those individuals who possess leadershi'p qualities, management skills, and specific technical abilities. They are an excellent tool in determining the communication and listening skills of individuals. Exercises are designed to simulate actual situations found on the job. Psychological Assessment--The psychological evaluation of the top candidate (contingent upon the offer of employment) can be arranged. The evaluation is conducted in confidence. Detailed information about personality, management style, and behavior under stress is conveyed in a detailed written report. Salary Surveys and Job Classification--Salary surveys and job classification analysis are often prerequisites to a successful recruitment. DMG's Archer System is a fully automated job classification and compensation system. The most advanced system of its type, the Archer System can be used to support decisions in advance of undertaking a recruitment. Spousal Placement--This service recognizes that candidates today are often the partners of working spouses. The difficulty of relocating is often exacerbated by the need of the spouse to find new employment. DMG's placement assistance includes introductions, advice, counseling, resume preparation, and networking. Ci~. of Ukiah 5 dmg SUMMA R Y A ND G UA RAN TEE DMG is proud of the track record of success achieved by our recruitment staff. The comprehensive recruitment process outlined within this proposal will result in the selection of the best possible candidate for the position of City Manager. In the unlikely event that none of the finalist candidates are chosen, we will continue the search on your behalf at no added cost beyond direct expenses. In addition, if within the first year of employment the City Manager either resigns or is dismissed for -cause, we will conduct another search for direct expense only. There will be no charge for professional services. City of Ukiah 6 drng PROFESSIONAL FEES, EXPENSES, AND TIMING The project costs for professional services will be $12,000.00, plus reimbursement of actual out of pocket expenses for items such as placement of advertisements, printing, postage, clerical services, long distance telephone charges, and consultant travel. For this recruitment we will cap expenses at $3,500.00. DMG is sensitive to the pressures faced by local governments to contain costs. As such, we will work with you to ensure that the recruitment is conducted in a cost effective manner. DMG is prepared to proceed on this search immediately and can be available to meet with you within one week of our selection to conduct the search. We anticipate that we can confirm finalists within 60 to 90 days of our initial meetings. City of Ukiah 7 dtng EXECUTIVE RECRUITMENT STAFF ROBERT W. MURRAY VICE PRESIDENT Mr. Murray is a Vice President and Officer of the firm. As the Director of Executive Recruitment Services for DMG and has responsibility for the executive search practice nationally. He has more than 20 years of experience in local government management, consulting, and executive search. As the firm's senior recruiter, Mr. Murray personally conducts the most complex search assignments and is the firm's leading specialist in the recruitment of public executives. Mr. Murray is experienced in conducting recruitments for large and small public agencies throughout the United States. In all assignments, Mr. Murray has had either full responsibility for the success of the project or has played a major role as a member of the consultant team. He has had particular experience conducting recruitment assignments in rapidly growing cities and utility districts. Representative past and present search assignments successfully undertaken by Mr. Murray are the following: City Managers and similar chief executive positions for Anaheim, San Jose, Campbell, Pleasanton, Pittsburg and Fresno, California; Naples, Florida; Maricopa and Pima Counties, Arizona; Salem, Oregon; and Los Alamos County, New Mexico Police Chiefs for cities of Sacramento, Pasadena, Fresno, Modesto, Inglewood, Chino. Rialto, San Diego, and Salinas, California; and Longview, Washington Water and wastewater utility executives, managers and professionals for the City of Tucson, Arizona; the San Diego County Water Authority; the City of Los Angeles, California; the East Bay Municipal Utility District and the Orange County Water District Deputy City Manager for Redevelopment and Housing for the City of Huntington Beach, California Air Quality Management Division Director for Washoe County, Nevada dmg A City Treasurer and City Engineer for the City of Long Beach, California. In addition to his experience as an executive recruiter, Mr. Murray has also designed and administered assessment centers for both public safety and general management position, and has been a featured speaker and panelist at numerous professional conferences, conventions and seminars. Prior to joining DMG, Mr. Murray was responsible for the Executive Search practice at Ralph Andersen and Associates. Prior to this, he served directly in city government. He was City Manager in Olympia, Washington, the state's Capital. He has also served as an Assistant City Manager, Assistant to the City Manager, and various positions in law enforcement. Mr. Murray is a graduate of the University of California at Berkeley, with graduate studies in Public Administration at California State University at Hayward. CHUCK NEUMAYER SENIOR MANAGER Mr. Neumayer has more than 25 years of professional experience, fifteen with state and local government agencies as a public works engineer, division manager, and as a Director of Public Works. For the past ten years he has been the managing principal and regional vice nresident of private sector consulting engineering services with offices in California, Arizona, Nevada and Washington States. His consulting experience has been in providing professional services primarily to state and local government public works agencies. He is thoroughly familiar with the institutional requirements of public sector agencies from direct experience as a chief administrator as well as from having had the exposure of working with these agencies in a customer/client relationship. He has a bachelor of science degree in Civil Engineering from Iowa State University and holds professional memberships in the American Public Works Association, Institute of Transportation Engineers, the Society of American Military Engineers, the Project Management Institute, and past memberships with the Association of County Engineers in Washington and California, the California Association of Self Help Counties, and conference participation with the League of Cities in Washington and California. Mr. Neumayer has hired numerous staff at both technical and management positions and has been actively involved with staff development programs including the recent establishment and implementation of a Total Quality Management (TQM) program. City of Ukiah 9 drag MIKE CASEY SENIOR MANAGER Mr. Casey has more than 25 years experience in local government management, consulting and executive search. He has served six communities in five states in key management positions, three of them as the city or county manager. During that period, he was also very active within the professional association of city and county managers, serving as an officer at the state level and a member of the Executive board of the International City/County Management Association. As a consultant for another firm with a national practice, Mr. Casey provided management advice to corporations in the private sector and to a broad range of cities and counties, including Boston New Orleans, Las Vegas and San Diego and Fresno County on matters of critical importance to their operations, including executive search. Mr. Casey is a graduate of Coe College and holds a Masters Degree in Public Administration from Pennsylvania State University, where he was the recipient of the Cappazola Fellowship. He is also a 'graduate of Harvard University's Executive Program for Senior State and Local Government Officials. DAVID DONALDSON SENIOR MANAGER Mr. Donaldson is assigned to the firm's executive search practice and conducts recruitments for local government managers, professionals, and executives throughout the United States. He has over nine years of executive search experience for clients throughout the country. Mr. Donaldson has successfully completed over 160 executive recruitments for a wide range of local government positions, including 30 City Managers and Chief Executive Officers for special districts. He has developed the firm's specialty practice areas in the fields of resort community management, redevelopment managers and airport executives. Before beginning his career as an executive search consultant, Mr. Donaldson worked as an Assistant to the City Manager of a small community in Oregon. He is a graduate of Ohio University and the recipient of a graduate fellowship and master's degree in Public Administration from the University of Oregon. City of Ukiah 10 dmg BOBBI C. PECKHAM MANAGER Ms. Peckham is a Senior Consultant in the Sacramento office of DMG. She has over twelve years of public and private sector human resources, training, and staff development experience. Ms. Peckham's areas of experience and expertise include the design and implementation of targeted recruitment advertising campaigns, customized candidate sourcing, interviews and reference inquiries. Her skills include administrative research and analysis, coordination or multiple project assignments and develoF, ment of recruitment brochures and information materials. Ms. Peckham has managed, or assisted on, over 300 searches and related assignments. Representative of her past assignments are the following: Project manager and lead recruiter on the recruitment of the Communications Manager, City of Redondo Beach; City Clerk and Public Works Director, City of San Luis Obispo; Finance Director, City of Union City; and Assistant Public Works Director, City of Redding. Project manager providing reference checking assistance in the recruitment of the Executive Directors for the Association of California Water Agencies and California Farm Water Coalition. Member on the search team for the recruitment of Police Chiefs for the cities of Newport Beach, Modesto, Sacramento, Fresno, Rialto, Downey, and Riverside, California. Member on the search team for the recruitment of City Managers for the cities of Lincoln, Newport Beach, South San Francisco, Campbell, and La Quinta, California. Team member on various recruitments such as General Manager, South San Joaquin Irrigation District; Public Services Director, City of Mountain View; Port Director, Port of Sacramento; and Management Services Director, City of Chino; and Manager of the Office of Management and Budget, Orange County, Florida. Team member in the development of a new classification plan for the City of Las Vegas, Nevada. Participated in the analysis of job duties and related knowledge, skills, and abilities for all current positions within the City. Prior to joining DMG, Ms. Peckham was a member of the Executive Recruitment practice at Ralph Andersen & Associates for over five years. She also provided Ci~. of Ukiah 11 dmg administrative support to the City Manager of Naperville, Illinois, as well as serving in the City-owned electrical utility. Ms. Peckham received a bachelor's degree in Organizational Behavior trom the University of San Francisco. FELICE M. HOUSTON CONSULTANT Ms. Houston is a consultant in Executive Recruitment Services for DMG. She acquired executive search experience in the private sector while working for Carter Hawley Hale Stores, Inc. Ms. Houston's areas of experience and expertise include reference inquires and candidate sourcing. Before beginning her career as an executive search consultant, Ms. Houston, worked for social service agencies in the Greater Los Angeles area. She also conducted a major research study assessing the health resources available to uninsured individuals in Los Angeles County. Ms. Houston received her bachelor's of science degree in Health Administration frOm Langston University and a master's degree in Public Administration from the University of Southern California where she was the recipient of a Dean's Merit Scholarship. City of Ukiah 12 dtng CLIENT REFERENCES At David M. Griffith & Associates, our best recommendation is from those clients for whom our executive recruitment staff have worked in the past. We encourage you to contact the individuals listed below. Client: Position: Contact: City of Campbell, California City Manager and Finance Director Mayor Barbara Conant (408) 866-2125 Client: Position: Contact: City of Redding City Manager Mayor Robert Anderson (916) 225-4055 Client: Position: Contact: City of Mountain View, California City Manager, City Attorney, Community Development Director Mayor Dena Bonnell (415) 903-6503 Client: Position: Contact: City of Pleasanton, California City Manager Mayor Ben Tarver (510) 847-8001 Client: Position: Contact: City of San Jose, California City Manager Mayor Susan Hammer (408) 277-4237 City of Ukiah 13 dmg DAVID M. GRIFFITH & ASSOCIATES, LTD. DMG, founded in 1976, is recognized as the leading firm providing a broad range of management, financial, operational, and human resource consulting services to local and state governments. Our clients include 2,000 governments, universities, and other public sector, and not-for-profit organizations. DMG provides services to clients throughout the United States from the firm's central office in Chicago and regional offices located in Sacramento, California; Columbus, Ohio; Raleigh, North Carolina; and Harrisburg, Pennsylvania. In addition, the firm has local offices in 18 other cities and in Puerto Rico. Our staff of over 250 experienced consulting professionals, many of whom have prior government experience, is uniquely qualified to understand and serve government officials and managers. Consultants of DMG have been called upon to examine virtually every facet of local government operations. Revenue enhancement studies conducted by our staff have proven time and again worthwhile investments for our clients; typically resulting in an increase in revenues equal to twenty to thirty times our professional fees. Major public sector services in addition to executive recruitment include: Revenue enhancement (cost allocation, tee determination, impact fee analysis) Operations improvement Disaster grants management Human resources and personnel management. DMG's commitment to its clients is to provide the best services available and nothing less. The quality of our services is evidenced by the tact that 70% of our business is from repeat clients. City of Ukiah 14 drag APPENDIX- PAST CLIENTS CITY MANAGER/ADMINISTRATOR Anaheim, CA Apache Junction, AZ Arcadia, CA Atherton, CA Bay City, MI Bell, CA Big Bear Lake, CA Blythe, CA Boulder, CO Campbell, CA Carmel, CA Casa Grande, AZ Cathedral City, CA Coachella, CA Commerce Ci~., CO Concord, CA Coos Bay, OR Corvallis, OR Cub,er City, CA Dana Point, CA Estes Park, CO Fontana, CA Fresno, CA Grants Pass, OR Greenwood Village, CO Grover City, CA Hanford, CA Hawthorne, CA Hemet, CA Hesperia, CA Indio, CA lt%,indale, CA Jackxon. WY Lake Havasu Cio,, AZ Laguna Hills, CA La Quinta. CA Lincoln, CA Longmont, CO Los Ahtmitos, CA Monrovia, CA Monterey Park, CA Morgan Hill, CA Mountain View, CA Naples, FL Needles, CA Normandy Park, WA Orange, CA Orinda, CA Paradise Valley, AZ Park City, UT Paso Robles, CA Pendleton, OR Pleasanton, CA Pomona, CA Prescott, AZ Redding, CA Roseburg, OR Salem, OR &m Antonio, TX San Clemente, CA San Gabriel, CA San Jose, CA Selma, CA South Pasadena, CA South San Francisco, CA Tracy, CA Truckee, CA Westminster, CA Wilsonville, OR Yucaipa, CA ASSISTANT CI~ MANAGER/ ADMINISTRATOR Brea, CA Concord, CA Fresno, C,4 HartJbrd, CT Hemet, CA Huntington Beach, CA Indian Wells, CA La Quinta, CA Palo Alto, CA Riverside, CA Tallahassee, FL Tracy, CA Salinas, CA Yorba Linda, CA Upper Arlington, OH Yreka, CA COUNTY ADMINISTRATOR Lane County, OR Los Alamos County, NM Appendix - Past Clients dtng Maricopa, AZ Pima, AZ EXECUTIVE DIRECTOR Association for Regional Center Agencies, CA Centre City Development Corp., CA Crown Development Corporation, CA Dallas Housing Authority, TX Fire & Police Pension Fund, CO Michigan Municipal Risk Management Authority, MI Portland Development Commission, OR San Diego Housing Commission, CA School Insurance Authority, CA POLICE CHIEF/ PUBLIC SAFETY DIRECTOR Alameda, CA Apache Junction, AZ Bell, CA Belmont, CA Casper, WY Chandler, AZ Chino, CA Chuht Vista, CA Dinuba, CA El Segundo, CA Fresno, CA Gle.dale, AZ Glendora, CA Hillsboro, OR Inglewood, CA Jackson, WY King City, CA Longview, WA Los Alamitos, CA Los Altos, CA Menlo Park, CA (Commander) Mesa, AZ Modesto, CA Orange, CA Pasadena, CA Redwood Ci~., CA Riverside, CA Sacramento, CA Salinas, CA San Diego, CA San Marino, CA Seattle, WA SHASCOM, Redding, CA Tacoma, WA Torrance, CA Tracy, CA Yreka, CA FIRE CHIEF Culver City, CA Eugene, OR Garden Grove, CA Hesperia, CA Indio, CA Livermore, CA Los Alamos, NM Los Angeles County, CA Mammoth Lakes Fire Protection District, CA Modesto, CA Pleasanton, CA Redding, CA San Clemente, CA Thornton, CO Tracy, CA Tualatin Valley. Fire & Rescue, OR Westminster, CA FINANCIAL American Canyon, CA Berkeley, CA Brea, CA Campbell, CA Chino, CA Chula Vista, CA Concord, CA Dallas, TX East Bay Municipal Utility District, CA East Bay Regional Park District, CA Fontana, CA Glendale, AZ La Quinta, CA Los Alamos County, NM Marin Municipal Water District, CA Oro Loma Sanitary District, CA San Bernardino, CA San Diego County Water Authority, CA San Juan Capistrano, CA Santa Clarita, CA South San Francisco, CA Washington County, OR Westminster, CA Yorba Linda, CA Appendix - Past Clients drng PERSONNEL/LABOR RELATIONS Berkeley, CA Chino, CA Contra Costa Water District, CA Culver City, CA East Bay Municipal Utility District, CA Gresham, OR Monterey, CA Oro Loma Sanitary District, CA Otay Water District, CA Riverside, CA Santee, CA South Lake Tahoe, CA PARKS AND RECREATION Thornton, CO Casper, WY Chandler, AZ Chino, CA Culver Ci~., CA Fontana, CA Fort Collins, CO Gilbert, AZ La Quinta, CA L.A. Community Redevelopment Agency, CA Mountain View, CA Oakland, CA Oceanside, CA Otay Water District, CA Pasadena, CA San Bernardino, CA San Diego, CA San Mateo, CA Santa Clarita, CA Tallahassee/Leon County, FL Thornton, CO Teton County, WY Yorba Linda, CA LEGAL COUNSEL AC Transit, CA BakersfieM, CA Concord, CA Culver City, CA Fresno, CA Los Alamos, NM McDonough, Holland & Allen, CA Mountain View, CA Orange Counn, Water District, CA Otav Water District, CA Redding, CA Sacramento, CA Sacramento Regional Transit, CA San Diego County Water Authorit3.,, C,4 San Luis Obispo, CA Santa Clarita, CA South San Francisco, CA Torrance, CA Trac?, CA COMML~NITY DEVELOPMENT/ PLANNING Albany, CA Ashland, OR BouMer, CO ECONOMIC DEVELOPMENT/ REDEVELOPMENT BakersfieM, CA Centre City Development Corporation, CA Concord, C,4 Glendale, AZ Hesperia, CA Huntington Beach, CA Long Beach, CA Oxnard, CA Riverside, CA San Pablo, CA Southeast Economic Development Corporation, CA Suisun Cio,, CA GENERAL MANAGER/ UTILITY DIRECTOR Alameda County Flood Control attd Water Conservation District, CA Alharnbra, CA Behnont County Water District, CA California Water Pollution Control Association, CA Chino Basin Municipal Water District, CA Contra Costa Water District, CA County Sanitation Districts, Orange County, CA Cucamonga County Water District, CA Appendix - Past Clients dmg Dublin San Ramon Services District, CA East Bay Dischargers Authorio,, CA El Paso Water Utilities Public Service Board. TX Los Angeles (Hyperion Treatment Plant), CA Matin Municipal Water District, CA Merced Irrigation District, CA Monte Vista Water District, CA Monterey Regional Water Pollution Control Agency, CA Olivenhain Water District, CA Orange County Water District, CA Oro Loma &tnitary District, CA Pasadena, CA Platte River Power Authori~., CO Ramona Municipal Water District, CA Roseville, CA San Lorenzo Valley Water District, CA Santa Rosa, CA Tucson, AZ Yorba Linda Water District, CA PUBLIC WORKS/CIVIL ENGINEERING Alameda Count., CA BouMer, CO Campbell, CA Carson, CA Chino Basin Water District, CA Costa Mesa, CA La Quinta, CA Lincoln, CA Long Beach, CA Los Alamitos, CA Los Alamos Count., NM Mountain View, CA North Miami Beach, FL Oceanside, CA Oro Loma Sanitary District, CA Pasadena, CA Phoenix, AZ Redding, CA Sacramento Count., CA Salinas, CA Santa Rosa, CA Sehna, CA Tra~, CA Yreka, CA TRANSPORTATION Alameda County, CA Beverly Hills. CA Costa Mesa, CA Mesa, AZ Orange Count, FL Sarasota Count, FL MEDICAL/HEAL TH CARE Eau Claire Ci~/County Health, WI Washoe County Health Department, DATA PROCESSING Kenosha, WI Orange Count., FL Peralta Cotnmunitv College, CA BUILDING OFFICIALS Clearwater, FL Los Gatos, CA Santa Clarita, CA A IRPOR T/A VIA TION Dayton, OH Eugene, OR Metropolitan-Dade Count., FL Washoe County Airport Authori~., NV POR T/MA RINE Sacramento, CA ARTS ADMINISTRATION Irvine, C4 Scottsdale, AZ LIBRARY North Miami Beach, FL Appendix - Past Clients dmg RISK MANAGEMENT Livermore, CA Appendix - Past Clients dtng NORMAN R o B E R T S ~'~ A S s o c I A T E S , Exec~tiz,e Scarch Cons~ltants INC. September 13, 1995 VIA FEDERAL EXPRESS CONFIDENTIAL Mayor and Members of the City Council c/o Ms. Karl Revheim Personnel Assistant City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Dear Mayor and Members of the City Council: In response to the request by Kari Revheim, Norman Roberts & Associates, Inc. is pleased to submit this proposal to assist the City of Ukiah in its efforts to recruit and screen candidates for the position of City Manager. This proposal outlines our general understanding of your requirements and the steps we will take to help accomplish this task. If you desire some modification of our work program, we would be pleased to discuss this with you. I look fonvard with great interest to working with the City of Ukiah on this very important assignment. Sincerely yours, Norman C. Roberts President NCR/sf Enclosures 1800 CENTURY PARK EAST · SUITE 430 · Los ANGELt'S · CAI_IFORNI,\ q0067-1507 TEI.[~I'HONE (310) 552-1112 · FACSIMI~F (310) 552-1113 TABLE OF CONTENTS Page I. FIRM QUALIFICATIONS ................................................. 1 II. BACKGROUND ........................................................... 2 III. ADVANTAGES IN IffI~.IZING OUR SERVICES ............................ 2 IV. OBJECTIVE AND APPROACH ............................................ 2 Organization and Position Analysis .................................. 3 Recruitment .......................................................... 3 Preliminary Screening ............................................... 4 Progress Reporting ................................................... 4 Candidate Evaluation ................................................ 4 Final Reporting ...................................................... 4 Special Assistance ................................................... 5 V. OUR CLIENTS ROLE ..................................................... 5 VI. TIME FRAME ............................................................ 6 VII. PROFESSIONAL FEES AND EXPENSES .................................. 6 VIII. GENERAL PROVISIONS .................................................. 7 IX. ACCEPTANCE ........................................................... 7 EXHIBITS A. BIOGRAPHY~Norman C. Roberts B. REFERENCES C. LIST OF CHIEF EXECUTIVE RECRUITMENTS MANAGED BY NORMAN ROBERTS N o R M A N R o B E R T S ~_~ A s s o c I A T E S , I N C . PROPOSAL TO RECRUIT A CITY MANAGER FOR THE CITY OF UKIAH, CA I, FIRM ~UALIFICATION~. With over 25 years of experience conducting nationwide public sector recruitments, I established Norman Roberts & Associates, Inc. in May 1988 with a commitment to providing our clients with the highest caliber of service in the industry. We utilize state-of-the-art technology in conducting a search and have a team of dedicated professionals, researchers and administrative staff to serve you. We have been named by Executive Recruiter News as one of the Fifty Leading Executive Search Firms in the United States (out of 2,200 firms). This ranking is based on a number of factors including size, stability, professional impact, quality and reputation. And, by focusing only on executive search, this activity is given the highest priority by our firm. I believe we are exceptionally well q~_~nlifled to assist you. Our firm has conducted many search assignments to locate chief executives for general purpose local governments. We are currently recruiting the City Manager for the City of Buellton and the Chief Administrative Officer for the City of E1 Paso (TX), and have previously conducted city manager recruitments for the California cities of Bakersfield, Baldwin Park, Camarillo, East Palo Alto, E1 Segundo, Encinitas, Laguna NigueL Lawndale, Los Altos Hills, Malibu, Moreno Valley, Norco, Ontario, Oxnard, Palm Springs, Redlands, Redondo Beach, Redwood City, Rolling Hills, Salinas, San Buenaventura, San Fernando, San Jacinto, Solvang and Stanton. We also recruited city managers for Scarsdale (NY), Fort Lauderdale (FL), Miami Beach (FL), St. Petersburg (FL), Elgin (IL) and Cincinnati (OH). In addition, we are currently recruiting the Chief Administrative Officer for E1 Dorado County (CA) and have recruited chief executives for the counties of Los Angeles (CA), Matin (CA), Ventura (CA), Riverside (CA), San Mateo (CA), Shasta (CA), Mariposa (CA), Humboldt (CA), Fair~= (VA), DuPage (IL), Maricopa (AZ) and Lee (FL). A list of chief executive recruitments for general purpose local governments which I have managed and/or conducted ks enclosed as Exhibit C. These were done while with prior employers, as well as by our firm. Prior to establishing Norman Roberts & Associates, I was a Senior Vice President of the world's largest search firm, and was with them for 12 years. While there, I established and directly managed their nationwide public/not-for-profit, healthcare and education executive search practices. Since 1969, I have managed almost 3,000 senior level recruitments, including over 350 recruitments for chief executives of public agencies. In addition, in The Career Makers, which profiles the top 150 executive recruiters in the nation, I am ranked as the leading recruiter for Government Agencies/Municipalities. I will be personally responsible for this assignment. Enclosed is a copy of my biography to familiarize you with my background (Exhibit A). To accomplish this assignment, I will use the full resources of my firm. A list of references can be found in Exhibit B. NORMAN ROBERTS ~ ASSOCIATES, INC. City of Ukiah, CA September 13, 1995 Page 2 of 7 H. BACKGROUND It is our understanding that: You are interested in identifying outstanding candidates and filling the position of City Manager as soon as is practical since the incumbent has accepted another position. You wish to recruit in a thorough and deliberate manner that will insure that the best qualified individual is selected. The starting salary for the position is open, depending on the qualifications and background of the person selected. HI. ADVANTAGES IN UTILIZING OUR SERVICES Relative to your present search requirements, we believe the principal advantages in using our firm and what may differentiate us from others are: · Our speci_~lh,ation in public sector executive search; · My extensive experience in locating city managers, particularly in Csltfornia; The quality of our work-dndicative of this is the fact that almost half of our clients have utilized our services on more than one occasion, and many (11%) have hired us from 5-to-13 times; My familiarity with Northern California from numerous recruitments conducted there; I was also a resident of the San Francisco Bay Area for almost ten years; Our proactive recruitment of candidates who may not be seeking new employment and would not norrr~lly respond to routine advertising, or who may come from non- traditional sources; Our proven ability to identify and recommend qualified female and minority candidates; · Our ability to conduct your assignment in a timely and complete manner; Our reputation among clients and candidates for communication, e.g., acknowledgment of resumes, regular reports to the client, face-to-face interviews with candidates; and The thoroughness of our documented reference and education checks. We do not merely ask for "five work related references." Rather, we request very specific references from candidates and, where feasible, gather newspaper clippings. IV. OBJECTIVE AND APPROACH Our objective is always to find the best qualified candidates. We believe that, although notices in professional journals may be helpful, many of the best candidates must be sought out and NORMAN ROBERTS ~ ASSOCIATES, INC. City of Ukiah, CA September 13, 1995 Page 3 of 7 their interest encouraged. My familiarity with your area, knowledge of the field and our relationships with professional organ~ations make us well qualified to assist you. Our clients have found that we are able to: · Build consensus among those involved in the hiring process. · Develop the appropriate specifications for a position. Encourage the interest of top-level people who would otherwise be reluctant to respond to an advertisement. Presei~e the confidentiality of inquiries, consistent with State public disclosure and open meeting laws. Save a considerable amount of time for client staff in developing and responding to candidates. Independently and objectively assess the qualifications and suitability of candidates for the particular position for which we are recruiting. If our proposal is accepted, we will do the following: · Or~_anization and Position Analysis We will interview the Mayor, Members of the City Council and other appropriate individuals to determine views of the position and concerns regarding desirable training, experience, and personal characteristics of candidates. We will also gather/review relevant information about the City of Uklah, such as budgets, organization charts, etc. Once our f'mdings have been summarized, we will submit a Recruitment Profile with the desired qualifications and characteristics for your approval. The Recruitment Profile which will be sent to potential candidates will include information about the City, the Job and the criteria established by you. · Recruitment Once you have approved the Recruitment Profile, we will actively seek out individuals with superior qualifications and invite and encourage their interest. Announcements can be placed in professional journals. However, we will rely heavily on our own experience, contacts and file data. As a matter of corporate policy, we will not discriminate against any applicant for employment on the basis of race, religion, creed, age, color, marital status, sex, sexual preference, disabilities, medical condition, veteran status or national origin. Approximately 30 percent of the placements made by our firm have been minority or female candidates. N o R M A N R o B E R T S ~,~ A s s o c I A T E S , I N C . City of Ukiah, CA September 13, 1995 Page 4 of 7 Preliminar~ Screenino We will review, acknowledge and evaluate all resumes received. Preliminary screening will be based upon criteria contained in the Recruitment Profile, information contained in the resumes submitted to us, and our knowledge of the people and organizations in which they work. Telephone interviews will be conducted with the most promising candidates to gain a better understanding of their backgrounds. Progress ReDort/n_o Upon completion of our preliminary screening, we will assemble and submit a progress report of the leading candidates to the Mayor and Council. This report will include summary resumes, supplemental information, and the original resumes of those candidates we believe to be best qualified for the position. Supplemental information on a candidate typically includes: the size of the jurisdiction for which the person works, reporting relationships, budget responsibility, the number of people supervised, related experience and reasons for interest in the position. Any other specific information will be dictated by the criteria set forth in the Recruitment Profile. The purpose of our progress report is two-fold. It allows you an opportunity to review the candidates prior to the conclusion of the search and allows us to receive feedback on the caliber of the candidates recruited. By doing so, we avoid an embarrassing situation of conducting a lengthy search only to find we "missed the target." Likewise, you are not surprised by the candidates as you will have seen their qualifications prior to the final interviews. Of course, we are flexible and may consider other individuals as final candidates who are subsequently identified and were not included in the progress report. Candidate Evaluation We will personally interview those candidates whose qualifications most closely match the criteria established by you. We will examine their qualifications and achievements in view of the selection criteria. Additionally, we will verify degrees and any certifications. As part of our process in evaluating candidates, we make telephone reference checks. In conducting these references, it is our practice to speak directly with individuals who are, or have been, in a position to evaluate the candidate's performance on the job. These references and our evaluations provide you with a frank, objective appraisal of the candidates. We suggest, however, that such detailed and extensive investigation is necessary only for those individuals seriously considered by you. Final Reportin.q We will prepare a detailed report and evaluation for those candidates most nearly meeting your specifications, and will provide you with interviewing/selection tips, suggested interview questions, and rating forms for your use. Candidates will not be ranked, for we believe it will then be a matter of chemistry between you and the candidates. We will conduct a ~brieflng session' immediately preceding your interviews to make sure that the process flows smoothly, and will assist you in a 'debriefing' immediately following the interviews. NORMAN ROBERTS (.4 ASSOCIATES, INC. City of Ukiah, CA September 13, 1995 Page 5 of 7 · Special Assistance Our efforts do not conclude with presentation of the final report. We are committed to you until a successful placement is made. Services that are routinely provided include: Arranging the schedule of interviews and the associated logistics for final candidates; Advising on starting salary, fringe benefits, relocation trends and employment packages; Counseling the spouse, ff applicable, concerning career opportunities in the new location; Acting as a liaison between client and candidate in discussing offers and counter offers; Conducting a final round of reference checking with current employers (ff not previously done for reasons of confidentiality); and Notifying unsuccessful candidates, who were not recommended for interview, of our decision. Once a determination has been made on which candidate to hire, we will conduct credit, criminal and motor vehicle record checks through an outside service. V. OUR CLIENTS ROLE The client has a very important role in the recruitment process. We are not a substitute for your organization. While we may identify and recommend qualified candidates, it is the client who must make the decision about which candidate to hire. In order to insure that the best candidates are available from which to choose, our clients should be willing to do the following: Clearly inform us about matters relevant to the search that you wish to keep confidential (e.g., salary, personnel issues, and other privileged information); · Forward to us copies of the resumes you receive, to avoid duplication of effort; Provide feedback to Norman Roberts & Associates regarding the information and recommendations provided by us; Promptly decide upon and follow up in scheduling interviews with the most promising candidates; and Assist in providing information to candidates that will enable them to make their career decisions. By doing the above, we will maximize the likelihood of mutual success. NORMAN ROBERTS ~ ASSOCIATES, INC. City of Ukiah, CA September 13, 1995 Page 6 of 7 Finally, please be reminded that the United States Immigration Reform and Control Act of 1986 requires that all employers verify an employee's eligibility to work in the United States. Since Norman Roberts & Associates cannot serve as your agent in this matter, your hiring process should include this verification procedure. We propose the following schedule for the performance of this agreement: 1st week Meet with the Mayor, Members of the City Council and other appropriate individuals to gather background information. 2nd to 3rd week Develop and obtain approval for the Recruitment Profile. Develop a list of potential candidates to target. Prepare and place advertisements, ff desired. 4th to 7th week Active recruitmentmsolicit, receive and acknowledge resumes. 8th week Evaluate resumes and gather supplemental information. 9th week Submit progress report and meet with the Mayor and Council to review leading candidates. 10th to 12th week Verify degrees and certifications, conduct reference checks, and interview the best qualified candidates. 13th week Submit final report and initiate the interview process with the Mayor, Council and other appropriate individuals. Following Interviews Supplement references (if necessary); conduct credit, criminal, and motor vehicle record checks: and assist with negotiations. VH. PROFESSIONAL FEES AND EXPENSES We propose a fixed fee of $13,500 for the work outlined above. In addition, we are reimbursed for expenses such as for advertising, travel, interviewing, sourcing and support services, as well as allocated costs such as telephone, postage, photocopying and other related items. These expenses will not exceed $5,500 for a statewide search or $7,500 for a nationwide search without written authorization from you. Please note that this amount for expenses does not include reimbursement of candidates who travel to be interviewed by you. Unless you notify us to the contrary, we will assume that you will handle these reimbursements directly. We will submit three equal monthly invoices for fees, plus an amount for expenses, due and payable upon receipt. Our first billing is due upon your authorization to proceed. Though we are committed to working with you until a placement is made, our fees and expenses are not contingent upon our success in placing a candidate with your organization. However, ff the selected candidate (other than an internal candidate) should be terminated within one year from the date of hire, we will redo the search for no additional professional fee. Naturally, we would expect to be reimbursed for any expenses that might be incurred. Additionally, in the event that more than one executive is hired in connection with work performed by us (i.e., for NORMAN ROBERTS ~' ASSOCIATES, INC. City of Ukiah, CA September 13, 1995 Page 7 of 7 another position within your organization), a full professional fee will be due for each executive hired. You may discontinue this assignment at any time by written notification. In the unlikely event that this occurs, you will be billed for all expenses incurred to the date of the cancellation and for professional fees, based upon the time elapsed from the commencement of the assignment to the date of cancellation. If a cancellation occurs within the first thirty days of the assignment, following either verbal or written authorization to proceed, the first installment of professional fees will be due in full. If a cancellation occurs thereafter, the fee will be prorated based upon the number of calendar days which have elapsed. If a cancellation occurs after ninety days, all professional fees will be due in full. VIII. GENERAL PROVISIONS Our ability to carry out the work required is heavily dependent on our past experience in providing similar services to others, and we expect to continue such work in the future. We will, however, preserve the confidential nature of any information received from you or developed during the work in accordance with our established professional standards. We assure you that we will devote our best efforts to carrying out the work required. The results obtained, our recommendations and any written material we provide will be our best judgment based on the information available to us and our liability, ff any, shall not be greater than the amount paid to us for the services rendered. This letter shall constitute the agreement between us and it may not be modified except in writing by both parties. IX. ACCEPTANCE If this proposal meets with your approval, please sign below and return one copy to us. SUBMITTED BY NORMAN ROBERTS & ASSOCIATES~ I~C.: Signature: Name: Norman C. Roberts Title: President Date: September 13, 1995 ACCEPTED FOR THE CITY OF UKIAH, CA: Signature: Name: Title: Date: NORMAN ROBERTS & ASSOCIATES, INC. EX}UBIT A NORMAN C. ROBERTS Norman Roberts pioneered the field of public sector recruitment over 25 years ago. Prior to establishing Norman Roberts & Associates, Inc. in 1988, Mr. Roberts was a Senior Vice President of Korn/Ferry International (I/FI). He joined KFI in 1976 and was founder and manager of the firm's national public sector, not-for-profit, education, and healthcare executive search practices. Mr. Roberts was previously employed for five years by Arthur D. Little, Inc. (ADL), where he conducted general assignments to recruit executives for local governments and associations. Among the many placements made by Mr. Roberts was the President of the Los Angeles Olympic Organizing Committee, Mr. Peter Ueberroth. Before joining ADL, Mr. Roberts was a senior consultant with Peat, Marwick, Mitchell & Co.. during which time he managed several major consulting engagements to provide management assistance to public agencies. For three years before this, he was a senior member of the Executive Director's staff of a federally funded program with a $60 million annual budget. Previously, he was Assistant City Administrator of the City of Lomita. From 1962 to 1965, he was a staff assistant to the City of Los Angeles' Board of Public Works. Mr. Roberts received a Bachelor of Arts degree in Political Science from the University of California at Los Angeles, and a Master's degree in Public Administration from the University of Southern California. In the book Th~ Career Makers, which profiles the top 150 executive recruiters in the nation, Mr. Roberts is ranked as the leading recruiter for both Government Agencies/Municipalities and Engineering. He is among the top ten for Transportation, MIS/Computer Operations, and Women/Handicapped/Minorities, as well as being named a leader in several other areas, including Associations/Societies/Non-Profit Organizations, Health Services/Hospitals, Universities/Colleges/Schools, Public Relations/Government Affairs, Legal, Mw/Accounting/ Consulting Firms, Construction and Retail. Mr. Roberts is a Past President of both the Los Angeles and San Francisco chapters of the American Society for Public Administration (ASPA) and, in 1988, he received the Will Baughman Award for distinguished service to ASPA. He was an Advisory Board Member and Past President of the California Executive Recruiters Association (CERA); and is a member of the Western Governmental Research Association (WGRA), the International City Management Association (ICMA), and the International Personnel Management Association (IPMA). He also served on the Board of Children's Institute International and is a Past President. Mr. Roberts has authored numerous articles and spoken before national organizations on the subject of executive recruitment. NORMAN ROBERTS & ASSOCIATES, INC. EXHIBIT B REFERENCES CLIENT: CONTACT: CLIENT: CONTACT:. CLIENT: CONTACT: CLIENT:. CONTACT: CLIENT: CONTACT: CLIENT: CONTACT: Name: Title: Phone #: Name: Title: Phone #: Name: Title: Phone #: Name: Title: Phone #: Name: Title: Phone #: Bakersfield, CA, City of Kevin McDermott Vice Mayor {805) 326-3773 Camarillo, CA, City of Charlotte Cravens Mayor (805) 388-5315 Los Altos Hills CA, Town of William Siegel Former Mayor (415) 941-7222 Redondo Beach, CA, City of Brad Parton Former Mayor (310) 372-1171 Redwood City, CA, City of Georgi LaBerge Former Mayor (415) 780-7220 San Buenaventura, CA, City of Name: Tom Buford Title: Mayor Phone #: (805) 652-1505 NORMAN ROBERTS & ASSOCIATES, INC. EXHIBIT C CHIEF EXECUTIVE SEARCHES FOR GENERAL PURPOSE LOCAL GOVERNMENTS ALAHAMA, STATE OF Anniston ALAS~ STATE OF Juneau Ketchikan Ketchikan- Gateway Valdez ARKANSAS, STATE OF Little Rock ARIZONA, STATE OF Glendale Maricopa County Phoenix $cottsdale Tucson CAL~~ STATE OF Alameda County Albany Arcadia Bakersfield Baldwin Park Bell Berkeley Beverly Hills Brea Buellton Burbank Camarillo Carson Contra Costa County Corte Madera Del Mar East Palo Alto E1 Dorado County E1 Segundo Encinitas Fresno County Glendale Hemet Hercules Hidden Hills Humboldt County City Manager Borough Manager City Manager Borough Manager City Manager City Manager City Manager County Administrative Officer City Manager City Manager City Manager County Administrator City Administrator City Manager City Manager City Manager City Administrative Officer City Manager City Manager City Manager City Manager City Manager City Manager City Administrator County Administrator Town Manager City Manager City Manager Chief Administrative Officer City Manager City Manager County Administrator City Manager City Manager City Manager City Manager Chief Administrative Officer NORMAN ROBERTS ~ ASSOCIATES, INC. Huntington Beach Laguna Niguel Lawndale Livermore Los Altos Hills Los Angeles County Malibu Marin County Mariposa County Monterey County Monterey Park Moreno Valley Norco Novato Oakland Ontario Oxnard Palm Springs Piedmont Pomona Redlands Redondo Beach Redwood City Riverside Riverside County Rolling Hills Salinas San Buenaventura San Diego San Diego County San Femando San Jacinto San Jose San Luis Obispo County San Mateo County Santa Ana Santa Monica Shasta County Solvang Sonoma County Stanton Turlock Tulare County Ventura County Walnut Creek Chief Executive Searches Page 2 of 5 City Administrator City Manager City Manager City Manager City Manager Chief Administrative Officer City Manager County Administrative Officer County Administrative Officer County Administrator City Manager City Manager City Manager City Manager City Manager City Manager City Manager City Manager City Administrator City Manager City Manager City Manager City Manager City Manager County Administrative Officer City Manager City Manager City Manager City Manager County Manager City Administrative Officer City Manager City Manager County Administrative Officer County Manager City Manager City Manager County Administrative Officer City Administrative Officer County Administrator City Manager City Manager County Executive Chief Administrative Officer City Manager NORMAN ROBERTS ~' ASSOCIATES, INC. COLORADO, STATE OF Arapahoe County Boulder Estes Park Lakewood Northglenn CONNECTICUT, STATE OF Meriden West Hartford FLORIDA, STATE OF Clearwater Fort Lauderdale Gainesville Hillsborough County Lee County Miami Miami Beach Naples Pensacola Sarasota County St. Petersburg GEORGIA, STATE OF Albany ILE22VOIS, STATE OF DuPage County Elgin Flossmoor Glencoe Hazel Crest Highland Park Mount Prospect Naperville Peoria Rock Island Skokie Sterling Streamwood Villa Park Wood River Woodridge IOWA, Chief Executive Searches Page 3 of 5 County Administrator City Manager Town Administrator City Administrative Officer City Manager City Manager Town Manager City Manager City Manager City Manager County Administrator County Administrator City Manager City Manager City Manager City Manager County Administrator City Manager City Manager County Administrator City Manager Village Manager Village Manager Village Manager City Manager Village Manager City Manager City Manager City Manager Village Manager City Manager Village Administrator Village Manager City Manager Village Manager STATE OF Ames City Manager Sioux City City Manager NORMAN ROBERTS & ASSOCIATES, INC. KANSAS, STATE OF Emporia Sedgwick County Wichita MAINE, STATE OF Bangor MAR~, STATE OF Prince George's County Rockville MICHIGAN, STATE OF Ann Arbor Grand Rapids Kalamazoo Saginaw Washtenaw County Ypsilanti MINNESOTA, STATE OF Brooklyn Park Coon Rapids Minneapolis Ramsey County St. Louis Park MISSOURI, STATE OF Columbia Kansas City MONTANA, STATE OF Great Falls NEW YORK, STATE OF Garden City Scarsdale NEW JERSEY, STATE OF Plainsboro Township NORTH CAROLINA, STATE OF Charlotte Winston-Salem OHIO, STATE OF Cincinnati OKLAHOMA, STATE OF Bartlesville Enid Chief Executive Searches Page 4 of 5 City Manager County Administrator City Manager City Manager Chief Administrative Officer City Manager City Administrator City Manager City Manager City Manager County Administrator City Manager City Manager City Manager City Coordinator Executive Director City Manager City Manager City Manager City Manager Village Manager Village Manager Village Administrator City Manager City Manager City Manager City Manager City Manager NORMAN ROBERTS & ASSOCIATES, INC. Mal ers John Sibbald NORMAN C. ROBERTS RANKINGS IN THE CAR~ER MAKE~ The Career Makers profiles the top I50 recruiters in North America, placing them among the top one percent in the executive search profession. In addition, the book ranks the top 10 people in functional and organizational/industry spe- cializations (up to 20 more leaders are listed alphabetically). These rankings are based on surveys conducted with other recruiters and with the chief executives of over 2.000 of the nation' s largest organizations. Rile the majority of those listed in the book are ranked in only a few areas of specialization, Mr. Roberts is identified as a leader in fourteen areas: FUNCTIONAL SPECIALIZATION Engineering MIS/Computer Operations Women/Handicappe~inorities Legal Public Relations/Government Affairs ORGANIZATIONAL/INDUSTRY SPECIALIZATION Government Agencies/Municipalities Transportation Associations/Societies/Nonprofit Organizations Health Services/Hospitals Universities/Colleges/Schools Construction Law/Accounting/Consulting Firms Retail Rubber and Plastic Products RANKING Number One Top I0 Top I0 Top 30 Top 30 Number One Top 10 Top 30 Top 30 Top 30 Top 30 Top 30 Top 30 Top 30 NORMAN C. ROBERTS President Norman Roberts & Associates, Inc. 1800 Century Park East, Suite 430 Los Angeles, CA 90067-1507 Telephone: (310) 552-1112 Date of Birth: March 28, 1941 Grew up in: Los Angeles HIGHER EDUCATION: University of California, Los Angeles B.A., political science, 1962 University of Southern California M.S., public administration, 1967 EMPLOYMENT HISTORY: 1988 to present: President, Norman Roberts & Associates, Inc. 1976 to 1988: Senior Vice President, Korn/Ferry International 1971 to 1976: Principal Consultant, Arthur D. Little, Inc. 1969 to 1971: Senior Consultant, Peat, Marwick, Mitchell and Co. 1966 to 1969: Supervisor of Contracts and Management Services, Economic and Youth Opportunities Agency 1965 to 1966: Assistant City Administrator, City of Lomita, CA 1962 to 1965: Administrative Assistant/Board of Public Works, City of Los Angeles, CA ASSOCIATIONS/PROFESSIONAL SOCIETIES: California Executive Recruiters Association (Past President) International City/County Management Association International Personnel Management Association American Society for Public Administration (Past President, Los Angeles and San Francisco chapters) Western Governmental Research Association GEOGRAPHIC SCOPE OF RECRUITING ACTIVITIES: Serve clients nationwide REPRESENTATIVE AND SIGNIFICANT PLACEMENTS: Peter Ueberroth, President Los Angeles Olympic Organizing Committee Sally Reed, Chief Administrative Officer County of Los Angeles, CA Franklin White, Chief Executive Officer Los Angeles County Metropolitan Transportation Authority John Wodraska, General Manager Metropolitan Water District of Southern California Jorge Carrasco, General Manager East Bay Municipal Utility District Joseph Shuldiner, Executive Director Housing Authority of the City of Los Angeles Edward HoucL Executive Director Palm Beach County Healthcare District William Leidinger, County Executive County of Fairfax, VA William Donaldson, City Manager Sylvester Murray, City Manager Gerald Newfarmer, City Manager City of Cincinnati, OH Roger Carlton, City Manager City of Miami Beach, FL WHAT I LOOK FOR IN GENERAL IN A CANDIDATE: I first look for appropriate training and competency, as demonstrated by the education and experience of the candidate. Thereafter, I focus on personal attributes and man- agement style/abilities. Typically, these include good communication skills, a profes- sional presence, self-confidence, honesty and integrity, and the ability to listen. The accuracy and completeness of information provided to me is indicative of the indi- vidual's integrity, and I view this as critical. I am also generally interested in the can- didate's enthusiasm, the compatibility of the person's long-term goals with the position we are trying to fill, the appropriateness of his or her salary requirements, and ways of overcoming barriers for accepting a job offer (for example, housing, family commit- ments, and so on). Finally, the quality of the references obtained is a key indicator, as is the content of the background checks. TOTAL YEARS OF RETAINER-TYPE RECRUITING EXPERIENCE: 24 years Updated September 1993 1800 NORMAN ROBERTS & ASSOCIATES, INC. Executive Search Consultants CENTURY P^R~< EASt · SUITE 430 · LOS ANGELES · CALIFORNIA 90067-1507 TELEPHONE (310) 552-1112 · FACSIMILE (310) 552-1113 Austin & Associates 1131 Stanford Court Napa, California 94558 (707) 226-6911 September 15, 1995 Candice Horsley Director of Personnel CITY OF UKIAH 300 Seminary Street Ukiah, CA 95482 Attn: Kari Revheim Via Facsimile: (707) 463-6204 RE: Executive Recruitment/City Manager Dear Candice Horsley: We are pleased to respond to the City of Ukiah's expressed need for professional assistance regarding the executive search, screening, interviewing and placement of a successful candidate for the city's vacancy in the City Manager position. We are a full service Human Resource Management firm and our associates have a wide range of management experience in both the public and private sector, an experience base which is actively maintained through networking. With respect to executive search, our staff has successfully matched individuals with such vacancies as College President, City Administrator, Chief Executive Officer (private non-profit), Finance Officer (water district and private non-profit), Personnel Officer (water district, private sector corporation) and a host of other managerial and professional/technical positions. (Those services provided most proximate to Ukiah have been for Cedars of Marin, Premium Lamp of Cotati, City of Oroville, South Tahoe Public Utility District). Understanding of Proiect: Austin & Associates will perform the following services in assisting the City of Ukiah in search and placement for its City Manager vacancy: meet with clients to assess needs, develop procedure, establish baselines for city steering committee (provide training/briefings to city committees as needed); develop marketing plan, including advertising and networking strategies designed to meet client's needs; develop full packet of recruitment materials for client review including job profile (ADA) selection procedure in compliance with Uniform Guideline, screening instruments, brochure, model employment contract and goals/objectives; develop pool of qualified candidates, check baseline progress on regular basis with steering committee; screen candidates into smaller pool of desirable candidates by use of supplemental applications, screening interviews and preliminary reference checks; Strategic Planning, Human Resources, ADA Co~liance, Arbitration-Mediation, Dispute Resolution Candice Horsley CITY OF UKIAH September 15, 1995 Page Two submit list of candidates for interview by first level City of Ukiah committee (assistance in developing questions provided earlier); coordinate and schedule initial city interviews to final list for City Council; coordinate background checks on all final candidates (a true background, not just reference checking); coordinate interviews before council committee; negotiate employment contract with successful candidate, including performance objectives; prepare final summary of activities and related files for city use and EEOC reporting; follow up with city and successful candidate during introductory period. Marketing Plan: It would be premature to present a detailed plan without first assessing the needs of the City of Ukiah. (The needs profile should be coordinated with the media profile and centers of influence to be contacted by mail, telephone or in person.) It goes without saying, however, that advertisements should be placed in Western Cities, The Job Finder and other professional trade journals whose deadlines and consumer profiles meet our needs. With respect to networking, our associates are directly active in the professional community as well as in such associations as National League of Cities, National Conference of Mayors, CaI-PELRA, U.C. Executive Program, IPMA, American Management Association, IRANC, California League of Cities, CSAC, Mainstream. Our approach to marketing would be a balance between formal advertising and professional networking. The goal would be to establish a balanced and representative pool of qualified candidates within a reasonable time frame. The marketing plan is subject to revision according to nuance of the executive marketplace. Cost Estimates: Since the firm of Austin & Associates is not responding to a formal RFP, our program is flexible, according to the needs and degree of City of Ukiah's participation in the process. We look forward to collaborating with you regarding the specifics of the City Manager recruitment and placement services. However, for budgetary purposes, the City of Ukiah should allow for costs of 20% of the annual salary for the position. This cost estimate is exclusive of costs directly incurred by the candidates. (Please note: the above listing of services does not include the establishment of an assessment center, which we view as time consuming and costly. One may be provided, however, at the client's request and negotiated into the service framework). The above figure reflects anticipated costs for services, materials and expenses related to project. Timeline: We shall establish baselines with the city steering committee. We are confident, however, that we can have a most qualified City Manager on board within 60 - 90 days dating from commencement of the project. We look forward to meeting with you to discuss your particular needs. Sincerely, Bob Austin Principal Consultant Enclosure FIRM RESUMI~ Introduction Austin & Associates, a client-centered firm, was established in 1987 to meet the needs of small and medium sized employers as they respond to an ever complex legal, technological and public environment. Our consultants are philosophically based, providing both hands-on professional intervention and systems modification to meet the human resource demands of our clients. While the broad brush of our services is in the human resource area, we are managers as well as consultants and mindful of the business our clients are in. Our Clients We continue to provide services to cities, counties, special districts, schools, colleges, universities, public and private non-profits, health care providers, country clubs, professional associations, museums, wineries, manufacturers, agribusiness, chambers of commerce, hotels and restaurants, financial institutions, newspapers, homeowner associations, high tech industries, public transportation services, food wholesalers, and others. We assist both small businesses and Fortune 500 companies. Our Service We endeavor to be at the forefront of the developing issues in the workplace. Our most recent projects include interventions for workplace violence, wrongful termination, interfacing Workers' Compensation with American Disabilities Act concerns, non-crisis dialogue between Labor and Management. A sampling of services we regularly provide our clients follows: · Compensation and Staffing Studies · Executive Search · Implementation of Titles I, II & III of ADA · At-Table Negotiations · Personnel Handbook and Policy Development · Mediation of Employment Severance · Arbitration/Hearing Officer Services for Discipline and Discharge · Assistance in Resolution of Discrimination Complaints/Grievances · Safety Issues (including OSHA) · Development of Affirmative Action Plans · Performance Appraisal · Employee Benefits Administration · Strategic Planning · Development of Business Plans · Operations Manual · Group Facilitation · Establishment of Employee Assistance Programs We regularly provide training programs for managers, supervisors, and non-exempt employees in the area of specialty. We provide Ad Hoc investigative services such as executive audits, background checks, security surveys, disciplinary and sexual harassment investigations. Consultants Profiles (Resumes & Client List upon request) Bob Austin has over 25 years experience in personnel/employee relations and operations research. He has held the positions of Personnel Director, Employee Relations Officer, Labor Relations Specialist, and Operations Superintendent. Hc holds degrees/certificates from Cai State Long Beach, UCLA, and Pcpperdine Law School an instructor's credential for community colleges. In addition to his consultancy services, he has extensive experience as a trainer through U.C. Extension and other forums, and is widely published. The majority of Bob's experience has been in the public sector, and he is an Ad Hoc Arbitrator. Lee H. Clark has over 27 years of diversified human resources and industrial relations experience gained in manufacturing, non-profits, and service industry environments. He has held positions as General Counsel/Industrial Relations Director, Vice President Human Resources, and Industrial Relations Manager. He holds degrees/certificates from Western Michigan University, Wayne State, and University of Detroit Law School. In addition to collective bargaining negotiations, Lee has designed entire human resource departments, installed special programs such as Quality Circles, and Total Quality Management, and he is an Ad Hoc Hearing Officer. Gary Grant has over 28 years experience in law enforcement and public administration. He holds degrees from Cal-Poly, San Luis Obispo, the FBI Academy, and the California Command College. He is active in the community, currently President of the Central Sierra Chiefs' Association, and assists the firm with its special investigation needs, ADA implementation and bargaining support services. Joel Skornicka, has over 24 years experience in administration and human resources. He holds degrees/certificates from the University of Wisconsin and CEO Instructor, California Community Colleges. He has held positions as Director of Development, Senior Vice President, Mayor, and Assistant Chancellor. He provides leadership in human resource, organization development, fundraising and government relations. REPRESENTATIVE PUBLIC AGENCY REFERENCES PAGE TWO County of Tuolomne Attention: Greg Stevens, Personnel/Risk Manager 2 S. Green Street County Sanora, CA 95370 (209) 533-5566 Glendale Community College District Attention: Dr. Don Averill, Administrative Dean, Human Resources 1500 North Verdugo Glendale, CA 91208 (818) 240-1000 Lake Hemet Municipal Water District Attention: Leonard Hale, General Manager 2480 E. Florida Avenue Hemet, CA 92544 (909) 658-3241 PERS (Public Employees Retirement System) Attention: Tom Petey, Director of Human Resources 400 P Street Sacramento, CA 95814 (916) 326-3096 San Bernardino Unified School District Attention: Joe Woodford, Director Employee Relations 777 North F Street San Bernardino, CA 92410 (909) 381-1121 South Coast Air Quality Management District Attention: Joe Contoai, Deputy Executive Officer/Human Resources 21854 E. Copley Drive P. O. Box 4936 Diamond Bar, CA 91765-0936 (909) 396-2000 South Tahoe Public Utility District Attention: Bob Baer, General Manager 1275 Meadow Crest Drive South Lake Tahoe, CA 96150 (916) 544-6474 ADDITIONAL REFERENCE, SAMPLE OF WORK, ETC. UPON REQUEST REPRESENTATIVE PUBLIC AGENCY REFERENCES Adkinson, Andleson, Loya, Ruud & Romo Attention: Ron Ruud, Esq. 348 West Hospitality Lane, Suite 202 San Bernardino, CA 92408 (909) 888-4165 City of Beaumont Attention: Patrick Smith, Chief of Police 560 W. 6th Street Beaumont, CA 92223 (909) 845-1171 City of Grass Valley Attention: Claude Biddle, City Attorney 125 E. Main Street Grass Valley, CA 95945 (916) 889-9616 City of Lake Elsinore Attention: Ron Molendyke, City Manager 130 S. Main Street Lake Elsinore, CA 92530 (909) 674-3124 Ext. 205 City of Modesto Attention: Don Norris, Risk Manager P. O. Box 642 Modesto, CA 95353 (209) 577-5402 City of Oroville Attention: Gordon Pitter, Chief of Police 2055 Lincoln Oroville, CA 93966 (916) 538-2451 City of Placerville Attention: Susan Zito, Deputy City Clerk 487 Main Street Placerville, CA 95667 (916) 642-5200 County of Nevada Attention: Lori Walsh, Director of Personnel 950 Maidu Court Nevada City, CA 95959 S~ZP-- I 5--95 F R I P- 02 Austin & Associates 1131 Stanford Court Napa, California 94558 (707) 226-6911 September 15, 1995 Candice Horsley Director of Personnel CITY OF UKIAH 300 Seminary Street Ukiah, CA 95482 Arm: Karl Revheim Via Facsimile: (707) 463-6204 RE: Executive Recruitment/City Manager Dear Candice Horsley: We are pleased to respond to the City of Ukiah's expressed need for professional assistance regarding the executive search, screening, interviewing and placement ora successful candidate for the city's vacancy in the City Manager position. We are a full service Human Resource Management firm and our associates have a wide range of management experience in both the public and private sector, an experience base which is actively maintained through networking. With respect to executive search, our staff has successfully matched individuals with such vacancies as College President, City. ,4dministrator, Chief Executive Officer (private non-profit), Finance Officer (water district and private non-profit), Personnel Officer (water district, private sector corporation) and a host of other managerial and professional/technical positions. (Those services provided most proximate to Ukiah have been for Cedars of Matin, Premium Lamp of Cotati, City of Oroville, South Tahoe Public Utility District). Understanding.of Project: Austin & Associates will perform the following services in assisting the City of Ukiah in search and placement for its City Manager vacancy: meet with clients to assess needs, develop procedure, establish baselines for city steering committee (provide training/briefings to city committees as needed); develop marketing plan, including advertising and networking strategies designed to meet client's needs; develop full packet of recruitment materials for client review including job profile (ADA) selection procedure in compliance with Uniform Guideline, screening instruments, brochure, model employment contract and goals/objectives; develop pool of qualified candidates, check baseline progress on regular basis with steering committee; screen candidates into smaller pool of desirable candidates by use of supplemental applications, screening interviews and preliminary reference checks; SEP-- 15--95 FR I i $ : $ 8 ~ F~- o~n (?0?) 25?-- 155? P . 05 Candice Horsley CITY OF UKIAH September 15, 1995 Page Two submit list of candidates for interview by first level City of.Ukiah committee (assistance in developing questions provided earlier); coordinate and schedule initial city interviews to final list for City Council; coordinate background checks on all final', candidates (a true background, not just reference checking); coordinate interviews before council committee; negotiate employment contract with successful candidate, including performance objectives; prepare final summary of activities and related files for city use and EEOC reporting; follow up with city and successful candidate during introductory period. Marketing Plan: It would be premature to present a detailed plan without first assessing the needs of the City of Ukiah. (The needs profile should be coordinated with the media profile and centers of influence to be contacted by mail, telephone or in person.) It goes without saying, however, that advertisements should be placed in Western Cities, The Job Finder and other professional trade journals whose deadlines and consumer profiles meet our needs. With respect to networking, our associates are .directly active in the professional community as well as in such associations as National League of Cities, Nationa! Conference of Mayors, CaI-PELRA, U.C. Executive Program, IPMA, American Management AssociatiOn, IRANC, California League of Cities, CSAC, Mainstream. Our approach to marketing Would be a balance between formal advertising and professional networking. The goal would be to establish a balanced and representative pool of qualified candidates within a reasonable time frame. The marketing plan is subject to revision according to nuance of the executive marketplace. Cost Estimates: Since the firm of Austin & Associates is not responding to a formal RFP, our program is flexible, according to the needs and degree of City of Ukiah's participation in the process. We look forward to collaborating with you regarding the specifics of the City .Manager recruitment and placement services. However, for budgetary purposes, the City of Ukiah should allow for costs of 20% of the annual salary for the position. This cost estimate is exclusive of costs directly incurred by the candidates. (Please note: the above listing of services does not include the establishment of an assessment center, Which we view as time consuming and costly. One may be provided, however, at the client's request and negotiated into the service framework). Ihe above figure reflects anticipated costs for services, materials and expenses related to project. Timeline: We shall establish baselines with the city steering committee. We are confident, however, that we can have a most qualified City Manager on board within 60 - 90 days dating from commencement of the project. We look forward to meeting with you to discuss your particular needs. Sincerely, Bob Austin Principal Consultant Enclosure S EP-- I 5--95 FR I I :~; : 48 Fr- om P. 04 FIRM RESUMl~ Introduction Austin & Associates, a client-centered firm, was established in 1987 to meet the needs of small and medium sized employers as they respoi~d to an ever complex legal, technological and public environment. Our consultants are .philOsophically based, providing both hands-on professional intervention and systems modification to meet the human resource demands of our clients. While the broad brush of our services isi in the human resource area, we are managers as well as consultants and mindful of the business Our clients are in. Our Clien_t..s. We continue to provide services to cities; counties, special districts, schools, colleges, universities, public and private non-profits, health care providers, country clubs, professional associations, museums, wineries, manufacturers, agribusiness, chambers of commerce, hotels and restaurants, financial institutions, newspapers,, homeowner associations, high tech industries, public transportation services, food wholesalers, and others. We assist both small businesses and Fortune 500 companies. Our Sen'ice We endeavor to be at the forefront of the developing issues in the workplace. Our most recent projects include interventions for wOrkPlace violence, wrongful termination, interfacing Workers' Compensation with American Disabilities Act Concerns, non-crisis dialogue between Labor and Management. A sampling of services we regularly provide our clients follows: · · · · · · · · · · · Compensation and Staffing Studies Executive Search Implementation of Titles I, II & III of ADA At-Table Negotiations Personnel Handbook and Policy Development Mediation of Employment Severance Arbitration/Hearing :Officer Services for Discipline and Discharge Assistance in Resolution of DiScrimination Complaints/Grievances Safety Issues (including OSHA) Development of Affirmative Action Plans Performance Appraisal Employee Benefits Administration Strategic Planning Development of Business Plans. Operations Manual Group Facilitation Establishment of Employee Assistance Programs SEP-- I 5--95 FR I · I $ : 4 I F~- o m (70 ? ) 2~ ?-- 1557 P . 0~ We regularly provide training programs for managers, supervisors, and non-exempt employees in the area of specialty. We provide Ad Hoc investigative services such as eXecutive audits, background checks, security surveys, disciplinary and sexual harassment investigations. Consultants Profiles (Resumes & Client List u00n request) BobAustin has over 25 years experience in personnel/employee relations and operations research. He has held the positions of Personnel Director, Employee Relations Officer, Labor Relations Specialist, and Operations Superintendent. He holds degrees/certificates from Cai State Long Beach, UCLA, and Pepperdine Law School an instructor's credential for community colleges. In addition to his consultancy services, he has extensive experience as a trainer through U.C. Extension and other forums, and is widely published. The majority of Bob's experience has been in the public sector, and hc is an Ad Hoc Arbitrator. Lee H. Clark has over 27 years of diversified human resources and industrial relations experience gained in manufacturing, non-profits, and service industry environments. He has held positions as General Counsel/Industrial Relations Director, Vice President Human Resources, and Industrial Relations Manager. He holds degrees/certificates from Western Michigan University, Wayne State, and University of Detroit Law School. In addition to collective bargaining negotiations, Lee has designed entire human resource departments, installed special programs such as Quality Circles, and Total Quality Management, and he is an Ad Hoc Hearing Officer. Gary Grant has over 28 years experience in law enforcement and public administration. He holds degrees from Cal-Poly, San Luis Obispo; the FBI Academy, and the California Command College. He is active in the community, currently President of the Central Sierra Chiefs' Association, and assists the firm with its special investigation needs, ADA implementation and bargaining support services. Joel Skornlcka, has over 24 years experience in administration and human resources. He holds degrees/certificates from the University of Wisconsin and CEO Instructor, California Community Colleges. He has held positions as Director of Development, Senior Vice President, Mayor, and Assistant Chancellor. He provides leadership in human resource, organization development, fundraising and government relations. SI~P-- 15--95 FR I 1 $ -' 42 F r o~ (?0?) ~ 57-- 155? P . 0~. r REPRESENTATIVE PUBLIC AGENCY REFERENCES Adkinson, Andleson, Loya, Ruud & Romo Attention: Ron Ruud, Esq. 348 West Hospitality Lane, Suite 202 San Bernardino, CA 92408 (909) 888-4165 City of Beaumont Attention: Patrick Smith, Chief of Police 560 W. 6th :Street Beaumont, CA 92223 (909) 845-1171 City of Grass Valley Attention: Claude Biddle, City Attorney 125 E. Main Street Grass Valley, CA 95945 (916) 889-9616 City of Lake Elsinore Attention: Ron Molendyke, City Manager 130 S. Main Street Lake Elsinore, CA 92530 (909) 674-3124 Ext. 205 City of Modesto Attention: Don Norris, Risk Manager P. O. Box 642 Modesto, CA 95353 (209) 577-5402 City of Oroville Attention: Gordon Pitter, Chief of Police 2055 Lincoln Oroville, CA 93966 (916) 538-2451 City of Placerville Attention: Susan Zito, Deputy City Clerk 487 Main Street Placerville, CA 95667 (916) 642-5200 County of Nevada Attention: Lori Walsh, Director of Personnel 950 Maidu Court Nevada City, CA 95959 SE P~ ~ ~ ~ ~ FI:~ T 1 ~ : 45 Fr om REPRESENTATIVE PUBLIC AGENCY REFERENCES PAGE TWO County of Tuolomne Attention: Greg Stevens, Personnel/Risk Manager 2 S. Green Street County Sanora, CA 95370 (209) 533-5566 Glendale Community College District Attention: Dr. Don Averill, Administrative Dean, Human Resources 1500 North Verdugo Glendale, CA 91208 (818) 240-1000 Lake Hemet Municipal Water District Attention: Leonard Hale, General Manager 2480 E. Florida Avenue Hemet, CA 92544 (909) 658-3241 PERS (Public Employees Retirement System) Attention: Tom Petey, Director of Human Resources 400 P Street Sacramento, CA 95814 (916) 326-3096 San Bernardino Unified School District Attention: Joe Woodford, Director Employee Relations 777 North F Street San Bemardino, CA 92410 (909) 381-1121 South Coast Air Quality Management District Attention: Joe Contoai, Deputy Executive Officer/Human Resources 21854 E. Copley Drive P. O. Box 4936 Diamond Bar, CA 91765-0936 (909) 396-2000 South Tahoe Public Utility District Attention: Bob Baer, General Manager 1275 Meadow Crest Drive South Lake Tahoe, CA 96150 (916) 544-6474 ADDITIONAL REFERENCE, SAMPLE OF WORK, ETC. UPON REQUEST R L P H A N D E R S E N & A S S O C I A T E S PROPOSAL TO CONDUCT EXEC~ SEARCH FOR CITY ~ANAGER Cr~ or Urz~ Ralph Andersen & Associates 1446 Ethan Way, Suite 101 Sacramento, California 95825 (9:~6) 920-5575 September 14, 1995 PROPOSAL TO CONDUCT AN EXECt/IIVE SEARCH FOR A CITY MANAGER Cr~ oF UrZ~H Sacramento . Dallas · Newport September 14, 1995 Mayor Fred Schneiter and Members of the City Council City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Dear Mayor Schneiter and Members of the City Council: Ralph Andersen & Associates is pleased to submit this proposal to assist the City of Ukiah in conducting an executive search for a new City Manager. The proposal has been designed to provide flexibility in meeting the needs of the City through the selection and hiring process. The overall objective is to provide the City Council with the level of personal service necessary to complete a successful recruitment. The proposal provides a description of the recommended search process along with the specific services that would be provided by Ralph Andersen & Associates. The executive recruitment techniques included in the work plan are those which have been developed and used successfully by Ralph Andersen & Associates for hundreds of clients for more than 23 years. Over the years, Ralph Andersen & Associates has provided a diverse group of qualified candidates to local government agencies for key level positions. The successful search process relies heavily on person-to-person contact to identify outstanding potential candidates and, in the evaluation phase, to gain a complete understanding of the background, experience, and management style of the top candidates. The key elements of the search process as described in this proposal include: · Developing a comprehensive position profile based upon information provided in meetings with the Members of the City Council. · A marketing strategy that uses selected advertising to supplement the extensive candidate identification process. Mayor Fred Schneiter and Members of the City Council City of Uta'ah Page 2 · Identification of a diverse candidate pool A screening process that narrows the field of candidates to those that most closely match the needs of the City of Uldah and is based on extensive reference checks and personal interviews with the top candidates. Delivering a product in the form of a search report that recommends the top group of candidates and provides the City Council with detailed information about their background and experience. · Assistance during the interview and selection process and, if desired, in the negotiation of a compensation package. For more than two decades, Ralph Andersen & Associates has been conducting city manager recruitments across the nation. Current and recent city manager recruitments conducted by Joe Hinsberg and other members of the firm include: · City of Upland, CA · City of Lodi, CA · City of Avalon, CA · City of Grover Beach, CA · City of Fremont, CA · City of Brentwood, CA · City of Sedona, AZ · City of Gainesville, TX · City of Rosenberg, TX · City of Des Moines, IA · City of College Station, TX. Should the City select Ralph Andersen & Associates to assist in the search for a City Manager, Joseph P. Hinsberg, Vice President, will personally conduct the recruitment process and work directly with the City Council and designated members of City staff. Overall, the search process described in the work plan is comprehensive and one which represents a significant value to the City. The full search will be conducted for a professional service fee of $11,000, plus a reimbursement for incurred expenses estimated at $2,500 for a regional search effort. Total cost to the City of Ukiah will not exceed $13,500. Mayor Fred Schneiter and Members of the City Council city of Ufa'ah Page 3 Should you have any questions regarding this proposal, feel free to call Mr. Hinsberg at (916) 929-5575. Respectfully Submitted, RALPH ANDERSEN & ASSOCIATES TABLE OF CONTENTS I EXECUTIVE S~MARy! Search Objectives Approach Timing and Cost i i ii The Search Work Plan Service Options Timing and Cost Guarantee 3 9 11 13 Ralph Andersen & Associates Executive Search Staff References 17 21 25 POSITION PROFILES] APPENDIX Sample Position Profiles from Recent Remitments - City Manager, City of Grover Beach - City Manager, City of Upland Appendix A- Comprehensive Listing of Past and Current Recruitments A-1 Exe~gve Summary The search for the City Manager position will be completed within 90 days from the first meeting with the City to the meeting to review the recommended candidates. The cost of professional services for a comprehensive search process will be $11,000. This fixed fee for professional services includes all of the time of the assigned recruiter (Mr. Himberg) and his associate (Heather Renschler). In addition to the fixed fee for professional services, expense reimburse- ment will not exceed $2,500 for a regional search effort. Page ii SECTION I The Search Page I Page 2 SE CH WOaK This section briefly describes the steps in the comprehensive search process for the new City Manager. This task is brief but important. Mr. Hinsberg will meet with the Mayor and City Council and others as appropriate to discuss the project management for the search. The discussion will include a review of the work plan, confirmation of timing, and communication methods. The position profile for the City Manager position is the guide for the entire search process. The development of the profile includes the collection of technical information and recruitment criteria. This data will be collected in meetings with: · The Mayor and City Council and other top administration officials; · A sample of Department employees from every organizational level; · If desired, community leaders and organiza- tions; The information gained from these meetings will include both technical data and recruitment criteria. All of the information will be used to gain an understanding of the City of Ukiah and the experience and skills desired by the City Council in the next City Manager. Page 3 The Search Work Plan The recruitment criteria are those personal and professional characteristics and experiences desired in the next Ukiah City Manager. The criteria will reflect the views expressed by the City Manager and others consulted as a part of the profile development process. The criteria will focus upon the leadership qualities and specific experiences desired by the City Council. A draft of the position profile will be prepared and reviewed with the City Council so that there is a mutual understanding of what is desired in the next City Manager. After making any changes to the profile it will be put in the form of an information brochure, samples of which are enclosed, and will be used throughout the search to inform potential candidates of the opportunity. This task is among the most important of the entire search. It is the focus of the activities of the search consultant and includes specific outreach and recruiting activities briefly described below. A specific advertising campaign will be developed. It may include the placement of ads in publications such as Western City, Jobs Available, and others as appropriate. Ralph Andersen & Associates will use their extensive contacts to focus the recruiting effort. In making these contacts, Mr. Hinsberg will target those individuals who meet the criteria set by the City. Each of the candidates identified through the recruiting efforts will be sent an information brochure. Candidates will also be contacted directly to discuss Page 4 The Search Work Plan the position and to solicit their interest in being con- sidered. Both the outreach and recruiting activities will result in applications and resumes from interested candidates. As they are received, resumes will be acknowledged and candidates will be advised of the general timing of the search process. This task will be conducted following the application closing date. It includes several specific activities that will be conducted by Mr. Hinsberg. All of the applications will be carefully reviewed. Those that meet the recruitment criteria and minimum qualifications will be identified and subject to more detailed evaluation. This evaluation will include consideration of such factors as professional experience and size and complexity of current organization. ! ~rereneeReview ] Mr. Hinsberg will conduct a preliminary reference review for those candidates identified as the most qualified as a result of the screening process. Telephone contact will be made with references to learn more about the candidates' experience, past performance and management style. Mr. Hinsberg will conduct on-site interviews with the top group of candidates identified through the screening and preliminary reference review processes. The interviews are extensive and designed to gain additional information about the candidates' experience, management style, and "fit" with the recruitment criteria. Page 5 The Search Work Plan The screening portion of the candidate evaluation process typically reduces a field of applicants to approximately 12-15 individuals. Reference review usually reduces the field by 1-3 individuals and the on- site interviews by a similar number. The net result of the candidate evaluation process is the identifica- tion of approximately 6-8 individuals who most closely meet the recruitment criteria. After completing Task 4, Mr. Hinsberg will meet with the Mayor and City Council and others as appropriate to review the search report. The report divides all of the candidates into three groups including 1) the top group of candidates recommended to be interviewed; 2) a backup group to the first group; and 3) all other candidates. For the first two groups, the search report will include candidate resumes. The results of reference reviews and on-site interviews will be provided verbally to the City Council and others as appropriate. The selection process activities can vary depending upon the desires of the City. The specific activities in the selection process are described briefly below. Mr. Hinsberg will design and coordinate the selection process for the selected group of candidates who have been confirmed with the Mayor and City Council after review of the preliminary interviews and detailed reference checks. This will include identifying individuals for a selection panel. Page 6 The Search Work Plan Mr. Hinsberg will prepare an interview booklet that includes the resumes and other information about the candidates being interviewed. In addition, the booklet will contain suggested questions and areas for discussion based upon the priorities identified by the City. Mr. Hinsberg will attend the interviews to assist the City. This assistance will include an initial orienta- tion, candidate introductions, and facilitation of discussion of candidates after all interviews have been completed. Mr. Hinsberg will provide assistance in the final selection as may be desired. This assistance may in- clude providing or obtaining any additional informa- tion desired to assist in making the final selection decision. Mr. Hinsberg is available to assist the negotiating a final compensation package. City in After the City has reached agreement with the individual selected for the position, Mr. Hinsberg will close out the search. These activities will include advising all of the final candidates of the status of the search and returning all of the applications and resumes to the City for its records. Page 7 The Search Work Plan Page 8 SERVICE OPTIONS In addition to the comprehensive work plan for the search, Ralph Andersen & Associates offers a variety of service options to assist clients. These service op- tions include those described below. Assessment centers are often used to assist in the selection process. Typical assessment centers are designed to assist in the evaluation of candidates' leadership ability, people orientation, and communi- cations skills. If the use of an assessment center is preferred, Ralph Andersen & Associates will make all arrangements and conduct the process. [iii! Shortly after the City Manager is on the job, it may be appropriate to focus on initial objectives and to set long-range objectives. Ralph Andersen & Associates provides assistance in objective setting and facilitates the discussion of objectives between the City Council and the City Manager. Page 9 Service Options Page 10 TIMING AND COST Timing and cost are important considerations in selecting a search consultant. For this search the timing and costs are described below. If desired, the timeframe, work plan and cost can be revised to meet the search requirements of the City. Ralph Andersen & Associates will complete the City Manager search in approximately 90 days from the date of the first meeting. CITY OF Uklah TIMELINE Tasks 1. Review Project Manage- ment Approach 2. Develop position profile 3. Outreach and Recruiting 4. Candidate evaluation 5. Search report 6. Selection 7. Search close out Weeks I 2 3 4 5 6 7 8 9 10 11 12 Ralph Andersen & Associates will conduct the City Manager search for the City of Ukiah for a fixed professional service fee of $11,000. This fixed fee for professional services includes all of the time of the assigned recruiter (Mr. Hinsberg) and his associate (Heather Renschler). In addition to the fixed fee for professional services, expense reimbursement will not exceed $2,500 for a regional search. Page lI Timing and Cost Page 12 GUARANTEE Ralph Andersen & Associates offers the industry- standard guarantee on our search services. If within a one-year period after appointment the City Manager resigns or is dismissed for cause, we will conduct another search free of all charges for professional services. The City would be expected to pay for the reimbursement of out-of-pocket expenses. Page 13 Guarantee Page 14 SECTION H The Firm Page 15 Page 16 RALPH ANDERSEN & ASSOCIATES Ralph Andersen & Associates has been providing practical, responsive executive search and manage- ment consulting services to the local public sector and related industries since 1972. With each new assign- ment, we earn our reputation as the nation's premier local government consulting organization. Ralph Andersen & Asso- ciates serves a nation-/ wide clientele through~ offices in Sacramento,[ Newport Beach, andk Dallas. A multi-disci-~ plined, full-service local government consulting organization, Ralph Andersen & Associates is dedicated to helping our clients im- prove operating efficiency and organizational effectiveness. Our staff of professionals and support staff includes acknowledged leaders in their respective fields. Supplementing their extensive consulting backgrounds, our senior staff all have personal, hands-on executive experience in the operation of public agencies and private businesses. The major services of the firm are briefly profiled below. The quality of an ~organization's leadership is the single most important determinate of its success. The executive search consultants of Ralph Andersen & Associates are adept at helping clients identify and select the right person for the right job at the right time. Our thorough search process begins with a Page 17 Ralph Andersen & Associates careful assessment of the client's needs, proceeds through an extensive recruitment program, and con- cludes with the referral of a top quality candidate field. Our clients use the results of resource management studies to make a multitude of day-to-day operating and financial decisions. They do so with the confidence that the analysis is thorough, the results are accurate and the recommendations are technically sound. Resource management assignments include a full range of organization and management evalua- tions, productivity improvement studies, fiscal and economic impact assessments, revenue enhancement programs and systems and procedures reviews. Employees are an organization's most important asset. They are also one of your most significant cost items. Ralph Andersen & Associates offers comprehensive personnel management services including the design and installation of job evaluation systems and pay plans, development of management compensation programs, the analysis of benefit plans, preparation of policies and procedures, and the installation of employee performance appraisal systems. Our consulting process emphasizes meaningful employee involvement, consensus building, and thorough technical training of client staff. Ralph Andersen & Associates offers focused, practical training and development programs designed to improve skills and enhance productivity. Seminars, which range from one to three days, cover the full Page 18 Ralph Andersen & Associates spectrum of contemporary management topics. Classes are limited in size to permit close interaction between instructors and participants. All rely heavily on real-world case study techniques. Custom designed, on-site training is also available. Page 19 Ralph Andersen & Associates Page 20 Eymcuy S}CA ¢I-I S AFF The reputation of the search firm and personal commitment of the recruiters define the difference between the success and failure of any given recruit- ment. Ralph Andersen & Associates' search profes- sionals are acknowledged leaders in the field and possess a broad range of skills and experience in the areas of local government management, executive search, and related disciplines. Only senior members of Ralph Andersen & Associates are assigned to lead search assignments, ensuring that their broad experience and knowledge of the industry is brought to bear on our clients' behalf. The search consultant for the Ukiah search will be Joseph P. Hinsberg, Vice President of Ralph Andersen & Associates. He will be assisted with the administrative activities related to the search by Ms. Heather Renschler, Vice President. Mr. Hinsberg will have all direct contacts with the City Council and will personally handle all key aspects of the search process. Brief profiles of the experience of Mr. Hinsberg and Ms. Renschler are provided below. Joseph P. Hinsberg is a Vice President with Ralph Andersen & Associates and has more than thirteen years of experience in local government management and consulting. While he is experienced in all of the firm's areas of service, his extensive contacts with local government professionals are utilized in outreach and recruiting efforts for executive manage- ment positions. Mr. Hinsberg has an appreciation for the requirements of top city government positions and understands the important relationship between a city manager and the mayor and city council. He has conducted executive search assignments for large and small cities and other local government agencies. These searches have included city managers and other top executive positions in every area of municipal service. Page 21 Executive Search Staff Prior to joining the firm, Mr. Hinsberg held various positions for the Cities of Torrance, Simi Valley, Thousand Oaks, and Lincoln. In Lincoln he served as City Manager. Mr. Hinsberg earned his Bachelor's and Master's degrees in Public Administration from Loyola Marymount University in Los Angeles. Heather Renschler is Vice President of Ralph Andersen & Associates and is responsible for all of the administrative activities of the firm. Her responsibilities also include providing support services on executive search projects. This includes maintain- ing search data bases, acknowledging resumes, communicating with candidates, credential verifica- tions, meeting/interview coordination, and directly supporting the search consultants. Ms. Renschler has been with Ralph Andersen & Associates for more than ten years and is a principal and stockholder in the firm. Other Search Consultants with Ralph Andersen & Associates are available to the project team as additional resources. These consultants include the following: Mr. Brown is President/CEO of Ralph Andersen & Associates. He has twenty-five years of experience in local government management and consulting including the past fifteen years with Ralph Andersen & Associates. AS a former city manager (Pleasanton, California) and key staff member of several cities (Palo Alto, California; Phoenix, Arizona; and Austin, Texas). Prior to joining Ralph Andersen & Associates in 1980, Mr. Brown served in local government in Texas, Arizona and California. In California he served as Deputy City Manager in Palo Alto and as City Manager in Pleasanton. He holds a Bachelor's Degree in Public Administration from the University Page 22 Executive Search Staff of North Dakota and a Master's Degree from the University of Texas at Austin. David Eisenlohr is a Senior Vice President for Ralph Andersen & Associates. He has extensive local government management, private business and consulting experience. He has conducted a wide range of executive recruitment assignments for local agency clients, including City Managers, Assistant City Managers, along with a wide range of professional, managerial, and technical positions. Prior to joining Ralph Andersen & Associates, he served in a variety of responsible professional, analytical and managerial positions for two local governments in Texas. He holds an undergraduate degree from Texas A & M University and a Master of Public Administration from the University of Kansas. Page 23 Eorecutive Search Staff Page 24 REFERENCES The combination of the corporate and personal e .xperience of our staff are the keys to a successful executive recruitment. A comprehensive listing of past and current recruitment clients has been included for your review as Appendix A. References for Joe Hinsberg are listed below. Mr. Ralph Morrow Mayor City of Avalon Project: Recruitment of City Manager (310) 510-0220 Ms. Sheryll Schroeder City Clerk City of Upland Project: Recruitment of City Manager (909) 9314120 Mr. Gene Gates Mayor City of Grover Beach Project: Recruitment of City Manager and Police Chief (805) 473-4567 Mr. Dennis Arzaga Personnel Director City of Folsom Project: Various Recruitments (916) 355-7200 Mr. Fred Wilson Assistant City Administrator City of San Bernardino Project: Various Recruitments (909) 384-5122. Page 25 CITY OF GRO~ BEACH CITY MANAGER POSITION PROFILE The City of Grover Beach is seeking qualified applicants for the position of City Manager. The vacancy has been created by the recent departure of Ms. Penelope Culbreth-Gra~ to become the Assistant City Manager for the City of Tucson, Arizona. THE CITY OF GROVER BEACH Formerly known as Grover City, the City of Grover Beach is located along the beautiful Central Coast of C. alffornia near the Cities of Pismo Beach and Arroyo Grande. The City of Grover Beach provides for a unique quality of life for its 12,000 residents. Drawn by its moderate coastal climate, drive-on beach, diverse recreational opportunities, and over 2,500 affordable area hotel/motel rooms, the Grover Beach area accommodates a significant annual visitor population. For its visitors and residents alike, the area provides for dune hiking, fishing, clamming, go!6ng, horseback riding, wine tasting and off-road vehicle a~ctivities on a year-round basis. Nearby Lopez Lake offers excellent fishing, boating, camping, hiking and Cal/fomia's best inland wind surfing. In addition to the natural opportunities, the Grover Beach area is home to many special annual activities including; Beach party, Strawberry Festival, Ethnic Street Fa/re, Mardi Gras and Clam Festival. The City provides a welcome, friendly atmosphere for reta/1 and commercial opportunities. The City provides a safe atmosphere for children, adults and seniors. The community is rightfully proud of its Community Center which provides a variety of programs for all ages. The City features four park~ and the Mentone Sports Complex with softball fields, basketball and tenni~ courts. In addition, the community is home to many service clubs and youth organizations such as Boy Scouts, Girl Scouts and Campfire Groups. The City of Grover Beach is easily accessible from State Route 101 with major shopping opportunities located within a one-half hour trip to the communities of City of Grover Beach City Manager Position Profile Page 2 San Luis Obispo and Santa Maria. Airport and rail service is provided in the adjacent communities. The local school system provides for an exceptional learning environment and regional housing opportunities exist in a wide range of prices ($150,000 to $220,000). THE ORGANIZ&TION The City of Grover Beach is a full-service general law city which operates under a Coundl-Manager form of government The City Council has five members who are elected at-large for four-year overlapping terms. The most recent election (November 8th) resulted in the re-election of one Coundl Member and the election of a new Council Member. The City Council appoints the City Manager, who serves as the chief executive officer and appoints all department heads. Penelope Culbreth-Graft has served as the City Manager for Grover Beach since 1992. In August of 1994, the position was changed from City Administrator to City Manager. The City of Grover Beach has approximately 52 full-time equivalent employees organized into four operating departments. · Police · Fire/Parks and Recreation · Finance · Community Development Previously, the City of Grover Beach had a separate Director position for the Department of Parks and Recreation; however, when a vacancy was created, the position was combined under the Fire Chief. The City of Grover Beach has a volunteer fire department under the direction of a full-paid Chief and Assistant Chief. The Department of Community Development includes planning, building and public works services. The City uses contract services for City Attorney. The City has an adopted general fund budget for FY 1994-95 of approximately $2.9 million. The primary sources of revenue include property tax, sales tax and state subventions. Major projects for the coming fiscal year include the formation of a redevelopment agency and the planning of a resort/convention facility. City of Grover Beach City Manager Position Profde Page 3 THE PosmoN The City Manager will be directly appointed by the City Council. The following describes the education, experience, and personal charaaerisfics desired in the new City Manager for the City of Grover Beach. E. ducation and Ea'verience The new City Manager should have a Bachelor's degree from an accredited college or university with major course work in public or business adminis- tration or a related field. A graduate degree in an appropriate field of study would be beneficial but is not required. The new City Manager should have wide experience in all aspecu of municipal services and be familiar with local gover~mem admi,~i.~tration and management. A rnlnlrrmm of five (5) years of experience in municipal management at the dry-wide or deparunem level is desired. While a broad level of experience is required, demonstrated experience in redevelopment, cornm~mity development, fiscal management, and organiza- tional development is desired. Manaeement S~le/Personal CharacteriZes _ The new City Manager should have a management style and possess personal characteristics such as those listed below. · Be an effective leader with the ability to set goals and objectives and motivate others to contribute effectively to their achievemen! Be willing to embrace new ideas and innovations and be effective at implementing them · Be an effective communicator, orally and in writing, with the ability to clearly explain complex issues · Possess strong management skills in organization, operations analysis, and planning · Have the ability to build trust and confidence through performance City of Grover Beach City Manager Position Profde Page 4 · Possess hands-on management akills with the ability to delegate and give credit to others · Be sensitive to community issues and have the ability to work effec- tively with members of the community · Possess a personal, genuine style which effectively reaches out to others · Demonstrate the ability to make d~cul~ decisions and be action- oriented. RECRUITMENT SCOPE The recmxitment scope is regional and will focus on potential candidates in CEffomia and neighboring states however, no candidate will be excluded because of their current location. COMPENSATION The salary range for the City Manager position is depending upon qualifications. A specific mount will be established prior to the closing date for the recruitment. It should be noted that the previous City Manager's annual salary was approxi- mately $75,000. Benefits include: · City paid PERS retirement · Generous vacation and sick leave accrual depending on length of service · Group medical insurance, dental insurance and term life insurance · City sponsored participation in professional organizations. City of Grover Beach City Manager Position Profile Page 5 CLOSING DATE Closing date is November 30, 1994. TO APPLY Send res-me including current salary and five work-related references with telephone numbers to: Joseph P. Hinsberg Ralph Andersen & Associates 1446 Ethan Way, Suite 101 Sacramento, Califo~a 95825 (916) 929-5575 The City of Upland Information Brochure for the Position of City Manager The City of Upland has managed to provide a quality of life for its 66,000 residents which is based on fostering a safe and clean living environment with a diversity of housing and retail opportunities. Long known as the "City of Gracious Living", Upland continues to address the challenges of maintaining and en- hancing that quality of life. The City of Upland was incorporated in 1906. Long before that, Upland's heritage was es- tablished when Historic Route 66 brought pioneers to the "up-lands" seeking opportu- nities for a better life. Two such pioneers who left their mark on the area were brothers George and W.B. Chaffey. Canadian by birth, the brothers dreamed of creating a garden colony at the base of the San Gabriel Mountains. Together they planned Euclid Avenue, a tree- lined 200 foot roadway that stretches from Ontario to nrrth Upland. The brothers planted great eucalyptus and pepper trees which still line Euclid Avenue today. With its many parks, tree-lined streets, wide boulevards and greenbelts, the City of Upland continues to preserve the Chaffey brothers' vision of a garden community. The City of Upland is conveniently located in the northwest portion of San Bernardino County. Bounded by the San Bemardino Freeway (Route 10) to the south and the San Gabriel Mountains to the north, the City of Upland provides easy access to airport travel, regional recreational~ cultural and retail op- portunities. "City of Gracious Living" The CiF of Upland is seeking candidates for the position of CiO' Manager. Housing The City of Upland provides a variety of housing opportunities that range from high- end single-family residential to more afford- able housing. Residents enjoy a safe environ- ment in a town where the crime rate is one of the lowest in San Bemardino County. The residents are also serviced by an exceptional Fire Department with an average response time of under five minutes within the City limits. Education The community is served by the Upland Unified School District which has maintained a reputation as a fine educational system with student scores above county and statewide averages. The community has ten elementary schools, two junior high schools, one high school and one continuation high school. In addition, there are several colleges and uni- versities which serve the area including the Claremont Colleges, University of LaVerne, Cai Poly Pomona and Chaffey College. Business The City of Upland offers a variety of shop- ping and dining opportunities, including a number of new retail businesses and restau- rants. The Upland Town Centre is a continu- ing revitalization program to provide a central, community-oriented retail district in the heart of downtown Upland. Most importantly, the City Council is committed to providing a climate for the attraction of additional business opportunities. Although the City is approach- ing build-out, significant tracts of land remain available for commercial development, and Foothill Boulevard is a major east-west corri- dor with prime development opportunities. The scheduled completion of Route 30, sched- uled to open in 2003, will significantly expand the commercial opportunities and benefit both residents and City revenues. Recreation The residents of Upland have full access to a number of regional recreational opportuni- ties including skiing, fishing, bike trails, mountain hiking, golf, tennis and minor league baseball. In addition, the City itself has thirteen beautiful parks that offer a variety of active and passive recreational opportunities. Like the rest of the City, the park system is maintained in an exceptional fashion and facili- tates such activities as softball, youth basket- ball, aquatics, aerobics and other activities. The City Government UPland is a General Law city that operates under a council-manager form of government. The Mayor and four Council Members constitute the five- member City Council elected at-large to four- year overlapping terms. The City had a change in one City Council seat as a result of the November 1994 election. The City Council selects a Mayor Pro-Tem from among its members. The City Treasurer is also a directly elected position. The City Council appoints the City Attorney and the City Clerk. With a City staffing level of approximately 340 positions, the City of Upland is organized into the following operating departments: · Administrative Services · Community Development · Fire · Police · Public Works · Recreation · Library Upland is a full-service City with the excep- tion ofwastewater treatment which is handled Upland is nestled beneath the San Gabriel mountains through a regional sewage service contract with the Chino Basin Municipal Water Dis- trict. In addition, solid waste collection is provided by a private hauler under franchise agreement with the City. For Fiscal Year 1994-95, the City's operating budget totaled $46.7 million. Of that amount, approximately $22 million is contained within the general fund. Of the $22 .million in general fund revenues, approximately 63% was derived from property tax, sales tax and other taxes. Like a number of cities, Upland's General Fund revenue stream has remained fairly flat over the past three years. The City has been able to maintain an effective level of service within those revenue constraints. The City also has a Redevelopment Agency, and the City Manager serves as its Executive Director. Goals/Directions For 1994, the City Council outlined a series of goals and objectives that indicate the general issues the City will be addressing in the next several years. Some of these include: · Enhance City's financial position · Complete proposed Senior Housing Project · Preserve and enhance the viability of Upland's neighborhoods · Provide and enhance City's physical infrastructure · Continue to monitor implementation of transportation issues · Preserve and enhance City's informa- tional,cultural and leisure programs · Ensure that Upland's future is well planned and based on community input · Maintain effective public safety services For the current year, the City Council has continued to express its interest in the areas of: · Fiscal planning and stability · Business attraction/retention · Long-range and strategic organizational planning · Water consolidation and supply issues · Enhanced public safety and code en- forcement efforts · Staffleadership/employee development. The Position The council-manager form of govern- ment was adopted by the City of Upland in 1930. Since thattime, five managers have served the City. The City Manager serves as the chief administrative officer of the City with responsibility for implementation of City Council policy and direct supervision of all department heads. Town Centre The ideal candidate will possess the follow- ing attributes and characteristics. Education and Experience A bachelor's degree from an accredited col- lege or university, a master's degree in public or business administration, and at least five years experience as a City Manager, Assis- tant City Manager or major department head, preferably in a full-service metropolitan com- munity. California experience is desired but not required for the position. Expertise Although broad city management experience is expected, the ideal candidate should have specific expertise in the following areas: · Economic development/redevelopment · Strategic planning · Budget/fiscal management · Intergovernmental relations · Staff leadership and human resources management. Personal Characteristics · An energetic, motivated individual who can instill trust and motivation in the City's workforce. · A demonstrated ability to be a strong leader with a clear vision, decisiveness, a hands-on approachable leadership style, and good at following-up on Council direction and community requests. · A strong written and oral communicator who can articulate complex issues in a clear, and concise manner. A professional manager who understands the dynamics of council-manager rela- tions. · Solid public relations skills which allow the City Manager to develop a rapport with members of the residential and busi- ness community. · Well-developed financial management knowledge and expertise that allows for the development of strategic plans for the City's future revenues and expendi- tures. Creative problem solver who approaches issues in a non-bureaucratic fashion. Integrity and honesty in dealing with the Council, staff and the community. Compensation Salary: · The salary for the position is open de- pending upon qualifications. Informa- tion relating to the previous manager's compensation can be obtained from the search consultant. Benefits: · City paid PERS. Cafeteria benefit plan: City pays $300 per month plus 8.5% of base salary toward a benefit plan which includes medical, dental, vision, personal life and/ or personal deferred compensation. · Term life insurance ($50,000). To Apply T o apply for this outstanding city management opportunity, submit your resume along with a cover letter, five professional references and salary history to: Mr. Joseph P. Hinsberg Ralph Andersen & Associates 1446 Ethan Way, Suite 101 Sacramento, CA 95825 Fax: (916) 929-2075 The closing date is April 21, 199:5. The City Council is interested in interviewing and se- lecting a new City Manager by the middle of May. To obtain additional information regard- ing the position, please contact Mr. Hinsberg at (916) 929-5575. Appendix A Comprehensive Listing of Past and Current Recruitments A-1 A-2 COMPREHENSIVE LISTING OF PAST AND CURRENT EXECUTIVE RECRUITMENT CLIENTS CITY MANAGER/ ADMINISTRATQR Agoura Hills, CA Alvin, TX Anaheim, CA ~4pache Junction, ~tZ ~4tascadero, CA Avalon, CA Bedford, TX Bellaire, TX Belmont, CA Benicia, CA Btythe, CA Boulder, CO Brentwood, CA Bryan, TX Campbell, CA Cat, bad CA Carmel-by-the-Sea, CA Carrollton, TX Carson, CA Carson City, NV Casa Grande, AZ Cathedral City, CA Chandler, AZ Cincinnati, OH Claremont, CA Clovis, CA Coachella, CA College Station, TX Commerce, CA Commerce City, CO Concord, Coos Bay, OR Coppell, TX Costa Mesa, CA Covina, CA Culver City, CA Dana Point' CA Des Moines, IA Dodge City, KS Emeryville, CA Eugene, OR Fairfield, CA Flower Mound, TX Fontana, CA Folsorn, CA Foster City, CA Fountain Valley, CA Fremont, CA Fresno, CA Friendswood, TX Fullerton, CA Gainesville, TX Gilbert, AZ Grand Prairie, TX Grants Pass, OR Grover Beach, CA Grover City, CA Hanford, CA Hayward, CA Hemet' CA Hollister, CA lndio, CA lrwindale, CA Kerrville, TX Kingsville, TX Lafayette, CA Lake Elsinore, CA Lake Havasu City, AZ Laguna Hills, CA La Palina, CA La Porte, TX La Quinta, CA Lancaster, CA LaVeme, CA Liberty, MO Lincoln, CA Lodi, CA Longview, TX Los ~41amitos, CA Longview, TX Lubbock, TX Martinez, CA A-3 Milpitas, GA Modesto, GA Monrovia, GA Morgan Hill, GA Mountain View, GA Munster, IN Naples, FL Needles, GA Newport Beach, GA Non:o, GA Odessa, TX Ontario, GA Pacifica, GA Paio Alto, GA Pampa, TX Paradise Valley, AZ Paso Robles, GA Placer~ille, GA Pleasanto~ GA Reddln~ GA Redlands, GA Redondo Beach, GA Reedley, GA Rialto, GA Richmonc~ G4 Rosebur~ OR Rose~ille, GA St. ]oseph, MO Salem, OR Salinas, GA San Angelo, TX San Antonio, TX San Clemente, GA Sanger, GA San Gabriel, GA San Luis Obispo, GA Santa Cruz, GA Santa Paula, GA Saratoga, GA Seguin, TX Selma, GA · Show Low, AZ South Gate, GA South Pasadena, GA Springfield, OR Stanton, GA Suisun City, GA Sunnyvale, GA Tustin, GA Union City, GA Upland, GA Vallejo, GA Ventura, GA Walla Waila, WA Walnut Creek, GA West University Place, TX Whittier, GA IVtlsonville, OR Woodway, TX Yuba City, GA Yucaipa, GA nSS~STnh'r crrv MANn6ER/ ADMINISTRATOR A~ TX Bakersfield, GA Bellevue, WA Brea, GA Carrollton, TX College Station, TX Concord, GA Encinitas, GA Fairfield, GA Fresno, GA Gainesville, FL Grover City, GA Hemet, GA Huntington Beach, GA Inch'an Wells, GA La Quinta, GA Lafayette, GA Liberty, MO Modesto, GA Oakland, GA Tracy, GA Salinas, GA West Hollywood, GA Yorba Linda, GA COUNTY ADMINISTRATOR Contra Costa, GA E1 Dorado, GA Maricopa, AZ Mono, GA Pima, AZ San Luis Obispo, GA Shasta, GA Yolo, GA A-4 EXECUTIVE DIRECTOR Alameda-Contra Costa Health Sys- terns Agency, CA Association of California Water Agencies, CA /lssociation for Regional Center Agencies, CA Bodega Bay Harbour Homeowners Association, CA California Farm Equipment Show, California Farm Water Coalition, Fresno, CA California-Nevada Community Action ~sociation, CA County Supervisors ~4ssociation of California, CA Crown Development Corporation, Hayward, CA Dallas Area Rapid Transit (DART), Texas Kern County Resource Management .Agency, CA Oregon State Bar, OR Planned Parenthood of Sacramento, San Diego Housing Commission, San Diego Regional Employment and Training Consortium, CA San Francisco Redevelopment Agency, CA Schools Insurance Authority, CA Sedona Cultural Park, AZ Tahoe Regional Planning Agency, Yolo County Public .Risk Manage- ment, CA POLICE CHIEF/ PUBLIC SAFETY DIRE~I'QR Banning CA Belmont, CA Brisbane, CA Carlsbad, CA C~rollton, TX Casper, WY Cherry Hills Village, CO Chino, CA Clo~, CA Corcoran, C~ Costa Mesa, CA Dallas, TX Downey, CA E1 Segundo, CA Evanston, IL Fortuna, CA Fresno, CA Glendora, CA Grover Beach, CA Highland Park, TX Hillsboro, OR Inglewood, CA Jackson, WY Longview, WA Longview Economic Development Corporation, TX Los .Altos, CA Los Gatos, CA Menlo Park, CA Modesto, CA Monrovia, CA Newport Beach, CA Norman, OK Oceanside, CA Odessa, TX Pasadena, CA Piedmont, CA Pittsburg CA Pleasanton, CA Poway, CA Redondo Beach, CA Rialto, CA Riverside, CA Sacramento, CA Salinas, CA San Marino, CA Santa Barbara, CA Sedona, AZ SHASCOM, Redding CA Stanton, CA Sunnyvale, CA Tacoma, WA Torrance, CA Union City, CA University of California, San Diego Vallejo, CA Ventura, CA Yreka, CA FIRE CHIEF A-5 American River Fire Protection District, Aptos/La Selva Fire Distn'ct, Benicia, CA Dublin San Rarnon Services District, Eugene, OR Folsom, CA Fresno, Garland, TX lndi~ bving TX Los Alamos County, NM Mammoth Lakes Fire Protection District, Menlo Park Fire District, CA Palo Alto, CA Pleasanton, Poway, Redding C_.A Redondo Beach, C.A San Clemente, CA San Diego, CA San Jose, CA Santa Ana, CA Suisun City, CA Thornton, CO Tracy, CA Ventura, CA Vist~ CA Walla Walla, WA West Covina, CA ASSIST .,ANT FiE CHmF Orange County, FL (3) FInANCiAL Anaheim,' cA Arlington, TX Austin, TX Berkeley, CA Brea, CA Campbell, CA Carrollton' TX Otino, CA Community Services Agency, NV Concord, CA Davis, CA Dublin San Ramon Services East Bay Municipal Utility District, Eugene, OR Fairfield, CA Fontana, CA Foster City, CA Glendale, AZ Grand Junction' CO Grand Prairie, TX Grass Valley, CA Hayward, CA lndio, CA Long Beach, CA Los Alamos County, NM Los Angeles County Transportation Commission' CA Los Angeles Community Development Commission, CA Lynwood, CA Matin Municipal Water Distn'ct, Corte Madera, CA Martinez, CA Orange County, FL Oxnard, CA Palmdale, CA Palo Alto, CA Piano, TX Pleasanton' CA Point West Bank, Sacramento, CA San Bemardino, CA San Diego County Water Authority, CA San Jose, CA San Luis Obispo, CA San Pablo, CA Santa Clarita, CA South San Francisco, CA Sunnyvale, CA Texas Municipal Power'Agency, TX Thornton, CO Tracy, CA Transportation Corridor Agencies, Union City, CA Ventura, CA Walnut Creek, CA Westminster, CA LABOR RELATIONS Austin' TX Berkeley, CA A-6 Brea, C.A Butte County, CA Chino, CA County Supervisors AssociaU'on, CA Concord, CA Davis, CA East Bay Municipal Utility District, E1 Centro, CA Fairfield, CA Grand Prairie, TX Gresham, OR Los Alamos County, NM Los Angeles Community Redevelop- ment Agency, CA Los Angeles Unified School District, CA Lynwood, CA Monterey County, CA Monterey Park, CA Oro Loma Sanitary District, CA Otay Water District, CA Palo Alto, CA Poway, CA Riverside County, CA Salinas, CA San Juan Capistrano, CA San Jose, CA Santee, CA South Lake Tahoe, CA Sunnyvale, CA West Hollywood, CA PARKS AND RECREATION Austin, TX California Park and Recreation Society, CA East Bay Regional Park District, CA Encinitas, CA Folsom, CA La Puente, CA Long Beach, CA Los Angeles County, CA Lubbock, TX National Recreation and Park Association, VA Orange County, FL Pacifica, CA Riverside, CA Santa Clarita, CA Silent Valley Club, Inc., CA Sunnyvale, CA Thornton, CO Ventura, CA LEGAL COUNSEL AC Transit, CA Chico, CA Concord, CA Culver City, CA Dallas Area Rapid Transit, TX Davis, CA E1 Paso Water Utilities Public Service Board, TX Fairfield, CA Fresno, CA Jones, Hall, Hill & White, CA Los Alamos County, NM McDonough, Holland & Allen, CA Mountain View, CA Orange County Water District, CA Otay Water Distn'ct, CA Palo Alto, CA Pleasanton, CA Reddin~ CA Riverside, CA Sacramento, CA Sacramento Regional Transit, CA San Diego County Water Authority, CA San Jose, CA San Luis Obispo, CA San Mateo, CA Santa Barbara, CA Santa Clara, CA Scottsdale, AZ Simi Valley, CA South San Francisco, CA Sunnyvale, CA Torrance, CA Tracy, CA Ventura, CA Walnut Creek, CA COMMUNITY DEVELOPMENT_/ PLANNING Arlington, TX Austin, TX Barstow, CA Benicia, GA Carrollton, TX A-7 Otandler, AZ Chino, GA Chula lfuta, GA Concord, GA Contra Costa County Housing Culver City, GA Davis, GA Encinitas, GA Escondido, GA Eugene, OR Fontana, GA Fort Collins, CO Fremong GA Gilbert, AZ Glendale, AZ Lake Elsinore, GA Lancaster, GA La Ouinta, GA Los Angeles Community Redevel- opment Agency, GA Menlo Park, GA Millbrae, GA Montebello, GA Otay Water District, GA Palmdale, GA Pasadena, GA Phoenix, AZ Pittsburg GA Pleasanton, GA Poway, GA Rancho Palos Verdes, GA San Bemardino, GA San Bemardino Economic Development Agency, GA San Diego, GA San Rafael, GA Santa Cladta, GA Saratoga, GA Simi Valley, GA Tallahassee/Leon County, FL Tustin, GA Valle]o, GA Ventura, GA Vista, GA Walla Walla, WA West Hollywood, GA Yorba Linda, GA ECONOMIC DEVELOPME _NT/ REDEVELOPMENT Centre City Development Corporation, GA Club Tahoe Resort Owners Associa- ~on, GA Concord, GA Crown Development Corporation of 33ngs County, GA Dallas, TX Fresno County & City, GA Fresno Economic Development Corporation, GA Glendale, AZ Huntington Beach, GA Sacramento Housing & Redevelop- ment Agency, GA South San Francisco, GA Southeast Economic Development Corporation, GA Suisun City, GA GENERAL MANAGER/ UTILITY DIRECTOR Alameda County Flood Control and Water Conservation District, Zone 7, GA Alhambra, GA Austin, TX Belmont County Water District, CA Cambria Community Services District, GA Carlsbad, GA Casitas Municipal Water District,, Chino Basin Municipal Water Distn'ct, GA College Station, GA Contra Costa Water District, GA Cucamonga County Water District, Delta Diablo Sanitary District, GA Dublin San Ramon Services District, East Bay Dischargers Authority, East Bay Municipal Utility District, East Palo Alto Sanitary District' East Yolo Community Services District, GA El Paso Water Utilities Public A-8 Service Board, TX Fairfieid-Suisun Sewer District, CA Guadalupe-Blanco River Authority, Incline Village General Improve ment District, NV Lake W'ddwood Homeowner's Association Los Angeles (Hyperion Treatment Plant), CA Marin Municipal Water District, Merced Irrigation Districg Monterey Regional Water Pollution Control Agency, Northern California Power Agency, Olivenhain Municipal Water District, CA Orange County, FL Orange County Water District, Oro Loma Sanitary District, Otay Water Distn'cg CA Pajaro Valley Water Management Agency, FL Palo Alto, CA Pasadena, CA Ramona Municipal Water District, Resource Management Int'l, Inc., Sacramento Regional Transit District, San Lorenzo Valley Water District, San Luis Obispo, CA Santa Rosa, CA South San Joaquin Irrigation Distn'ct, CA Southeast Regional Reclamation Authority, CA Tucson, AZ United Water Conservation District, Ventura, CA Ventura Regional Sanitation District, Victor Valley Water District, CA Yorba Linda Water District, CA PUBLIC WORKS/ CIVIL ENGINEER Alameda, CA Alameda County, CA Austin, TX Berkeley, CA Burbank, CA Butte County, Carrollton, TX Carson, CA Chino Basin Municipal Water District, CA Chula Vista, CA Claremont, CA Contra Costa County Water, CA Costa Mesa, CA Decatur, IL Encinitas, CA Fairfield, CA Foster City, CA Galt, CA Glen Ellyn, IL Glenbard Wastewater Authority, IL Glendale, AZ Grand Prairie, TX La Mesa, CA Lancaster, C.A La Quinta, CA Lincoln, CA Long Beach, CA Los Alamos County, NM Orange County, FL Oro Loma Sanitary District, CA Palmdale, CA Palo Alto, CA Pasadena, CA Phoenix, AZ Piedmont, CA Pittsburg CA .Redding CA t~edondo Beach, CA Salinas, CA San Clemente, CA San Diego County Water Authority, CA San Jose, CA San Luis Obispo, CA Santa Clara, CA Santa Clarita, CA Santa Rosa, CA Santee, CA South San Francisco, CA Spearman, TX Tracy, CA Tucson, AZ A-9 Union City, GA Ventura, GA Yreka, GA TRANSPORTATION Alameda County, GA Alameda County Public Works Agency, GA Austin, TX Beverly Hills, GA Boulder, CO Canol~on, TX Costa Mesa, GA Houston-Galveston Area Counci~ Huntington Beach, GA Ontario, GA Orange County, FL Palmdale, GA Pasadena, GA Phoenix, AZ Portland, OR Riverside County, GA Sacramento Regional Transit Distn'cg GA Santa Monica, CA Sarasota County, FL Ventura, GA San Mateo County, GA LIBRARY SERVICES Alameda County, GA EI Paso, TX Newport Beach, GA Oakland, GA Redondo Beach, GA San Marino, GA BUILDING OFFICIALS Clearwater, FL Dallas, TX Los Gatos, GA Orange County, FL Palo Alto, GA Pittsburg GA Santa Clarita, GA AIRPORT/AVIATION Dayton, OH Metropolitan-Dade County, FL Washoe County Airport Authority, Reno, NV MEDICAL/HEALTH CARE Alameda-Contra Costa Health Systems, GA Davis, GA Golden Empire Health Systems Agency, GA Los Medanos Community Hospital, Natividad Medical Center, CA Orange County, FL Washoe County Health Department, DATA PROCESSING Ob~npia, WA Orange County, FL Peralta Community College District, GA Sacramento County, GA PORT/MARITIME Sacramento, GA ART~ ADMINISTRATION lrvine, GA RISK M _ANAGEMENT California Municipal Insurance Authority, GA Riverside County, GA Southern California Joint Powers Insurance Authority, CA A-10 MISSUS Client Position Alameda-Contra Costa Transit Distric~ CA Alameda County Public Works Agency, CA A~ TX Big Bear Lake, CA Bookrnan-Edmonston Engineering Inc. California, State of California Council of Civil Engineers & Land Surveyors, CA Carrollton, TX Eugene, OR Folsom, CA lnglewoo~ CA lrvine, CA Junior Statesmen Foundation Kern County Los Angeles County Office of Education, CA Los Angeles County Fire Depamnent Marin Municipal Water Districg CA Millbrae, CA Monrovia, CA Orange County, FL Palo Alto, CA Pasadena, CA Redondo Beach, CA Customer Information Supervisor Supervising Land Surveyor Deputy Director, Office of Land Development Services Assistant Director of Operations Vehicle & Equipment Services Assistant Director of Community Services Strategic Planning Workshop Vice Presideng Chief Design Engineer Legislative Analyst Director of Services Fleet Manager Customer Services Manager Wastewater Plant Director Water Engineer Senior Management Analyst Municipal Project Manager Program Director Director of Development and Fund Raising Director of Educational Programs Director of Summer Programs Director of Resource Management Agency Assistant Director of Regionalized Business Services AdministraU've Deputy Environmental .Resources Division Manager Aircra~ Noise Insultation Coordinator Director of Community Services Corrections Director Assistant Civic Center Manager -Assistant Data Systems Manager Radio Communications Coordinator Real Estate Manager Utilities Construction Manager Water Operations Manager .Real Property Administrator Field Operations Administrator Director of Communications Communications Manager A-ii Resource Management lnt'l, Inc. San Bemardino, CA San Bemardino Economic Development Agency, CA San Luis Obispo, CA Sarasota Bradenton lnt'l, Airport State Board of Equalization, CA Sunnyvale, CA Tarrant Appraisal District, TX Three Valleys Municipal Water District Tehama County, CA Vallejo, CA West Hollywood, CA Western Municipal Water District, CA Wyandotte County, KS Yolo County, CA Project Manager Rates and Forecasting Manager Director of Public Services Housing Division Manager City Clerk Marketing Director Executive Secretary Fleet Manager Chief Appraiser Administrative Services Officer Administrative Assistant to the Board of Supervisors Maintenance Superintendent Director of Rent Control Deputy Manager of Administration and Public Affairs Corrections Administrator Director of Communications ASSESSMENT CENTERS Client Position Aurora, CO Belmont, CA Brea, CA Capitola, CA Chino, CA Concord, CA Clovis, CA Fillmore Fontana, CA Hercules, CA Inch'o, CA Menlo Park, CA Milpitas, CA Oro Loma Sanitary District, CA Palmdale, CA Pasadena, CA Piedmont, CA Rancho Palos Verdes, CA Redwood City, CA Salinas, CA Santa Paula, CA Sausalito, CA South County Fire Authority, CA South San Francisco, CA Police Lieutenant Police Chief Assistant City Manager Police Chief ~4ssistant Public Works Director Multiple Police Chief Accounting Supervisor City Manager Multiple Personnel Officer Fire Chief Chief of Police Police Chief Director of Operations & Maintenance Director of Public Works Multiple Police Chief Assessment Director Police Lieutenant & Sergeant Police Chief City Administrator Planning Director Fire Chief Director, Economic and Community Development Director of Public Works A-12 Union City, GA Waxahachie, TX Mulu'ple Police Chief A-13 ITEM NO. _._ 9d DATE: 9/20/95 AGENDA SUMMARY REPORT SUBJECT: CITY COUNCIL AND PLANNING COMMISSION WORKSHOP SUMMARY: As the attached letter from Planning Commission Chairman Ashiku indicates, the Planning Commission seeks to meet jointly and conduct a workshop with the City Council to discuss and review City policies and goals. Staff supports this request, and would recommend that the joint meeting be scheduled for the fifth Wednesday in November, as follows: November 29, 1995, Council Chambers, 6:30 p.m. to 8:00 p.m. RECOMMENDED ACTION: Establish a date and time certain for a joint workshop between the City Council and Planning Commission. Acct. No. (if not budgeted): Act. No. (if budgeted): N/A ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Appropriation requested: N/A Citizen advised: N/A Requested by: Planning Commission Prepared by: Robert Sawyer, Planning Director Coordinated with: Candace Horsley, Interim City Manager Attachments: Letter from Planning Commission Chairman Phillip Ashiku APPROVED: Ca~"a~e Horsley, Inte~i~ Cit~ M~anager ITEM NO. 9e DATE: September 20, 1995 AGENDA SUMMARY REPORT SUBJECT: SET DATE FOR EMPLOYEE RECOGNITION/CHRISTMAS PARTY AND APPROVE BUDGET ADJUSTMENT It is time to begin preparations for the semi-annual Employee Recognition/Christmas Party. After discussing possible dates with Ukiah Valley Conference Center Manager Bruce Jenney, it was determined the 8th is available in December. Staff has included for your review an estimated breakdown of expenses for the party, in the amount of $3,450. The budgeted amount for this event is $1,000; this amount (based on the estimates) would not cover the entire food expense for the attendees, leaving part of that expense, and many others, without funding. The actual expenditures for the Recognition/Christmas Party for Fiscal Year 1993-94 was in excess of the $3,450 being currently requested. For that reason, staff is requesting authorization to exceed the budgeted amount. It is recommended that the monies come from General Fund Reserves (Fund 115). RECOMMENDED ACTION: City Council set December 8, 1995 as the date for the Semi-Annual Employee Recognition/Christmas Party, and approve a budget adjustment of $2,450 from the General Fund Reserves (Fund 115) to Account Number 100.1001.690.003. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Set date for December 8, 1995, however, determine budget augmentation is not necessary. 2. Set alternate date and location for the event. Appropriation Requested: N/A Citizen Advised: N/A Requested by: Tammi Weselsky, Community Services Coordinator Prepared by: Candace Horsley, City Manager Attachments: 1. Estimated Budget for 1995 Employees Christmas/Recognition Dinner APPROVED: (~'~ I~'~ R:4/CM ASRXmas ~stimated Budget Cost for 1995 Employees Christmas/Recognition Dinner Dinner 1 sox$1 i $1,6s0 Room Rental/Linens $ 250 Band $ 550 Recognition 4 5x$2 5 = $1,OOO Total $3,450 SUMMARY (Continued from page 1) arrangement of $10,000 per month up to $120,000 plus a graduated percentage, depending on how long the case takes to resolve: 15% if resolved in the first six months, 20% in the next six months, 25% if the case takes longer than a year. Ail three firms would expect the City to pay litigation expenses (filing fees, deposition costs, expert witnesses, travel expenses, courier expenses, telephone and fax charges when the call exceeds $5.00). The Belin, Rawlings and Badal firm suggests that the City budget $150,000 for litigation expenses, since expert witnesses are important to a successful outcome and top experts are expensive. Ail three of these firms came highly recommended. I checked references for all of them and discussed their approaches to the litigation at some length. I met personally with Alan Ruby and William Bernstein of the Cabraser firm. However, I am recommending the Belin, Rawlings and Badal firm for the following reasons: 1. They have the most experience with claims similar to the City's. For example, in Orange County a number of "out-of- county" agencies, such as the City of Mountainview, invested funds with the county which purchased leveraged derivatives. Orange County is now in bankruptcy, because the value of these investments plummeted when interest rates increased in 1994 and 1995. Two classes of creditors have been established in that case. The out- of-county agencies are in the class that has taken a lower settlement from the county, while preserving their claims against the brokerages which sold the securities to Orange County. Attorneys for these agencies formed a search committee to retain special counsel to pursue those claims. The Belin, Rawlings and Badal firm was hired by the committee to litigate their claims against the brokerages. As it happens, the Cabraser firm was among the top three candidates that the committee interviewed. See, also, the firm resume and supporting information attached as Attachment 1; 2. I was most impressed with their approach to the case. They have asked for the most information before indicating that they are willing undertake representation. 3. Their fee proposal, while expensive, is probably at or below the fee proposals from the other firms1 and has the i At a reduced fee of $200/hour, the City would pay $10,000 after 50 hours. While some months may involve substantially less than 50 hours of attorney time, most months will involve a great deal more than 50 hours. Moreover, if the case does not settle s:\u~docs94~agenda\belin September 15, 1995 ITEM NO. 9~ DATE: September20. 1995 AGENDA SUMMARY REPORT SUBJECT: ADOPT RESOLUTION ALLOCATING FUNDS TO THE MENDOCINO COUNTY LIBRARY AND APPROVING BUDGET AMENDMENT Over the past several years the City has financially assisted the Library, recognizing the valuable asset this function is in the community. The City continues to view these services as essential and remains committed to the donation of the land and building which houses the Ukiah Branch of the Library. The Library has again requested funding with proposals ranging from $52,000 to $22,955. After reviewing the various options presented by Henry Bates, the Funding Committee believes support of a half time reference staff position will maintain the City's commitment to service to our residents. The major capital expenses have been made and now the emphasis will be on personnel. Staff recommends the City Council approve funding as requested by the Library in the amount of $22,955. Since this was not included in the budget, a budget amendment must be made in conjunction with the allocation action (such is included in the proposed resolution). RECOMMENDED ACTION' Adopt resolution allocating funds to the Mendocino County Library and approving a budget amendment of $22,955 from Account 115.260.000 (General Fund Reserve) to Account 100.1945.690 (Community Outreach/Public Information Services, Special Supplies). ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine funding of the Library cannot be made and do not adopt resolution. 2. Determine a different funding level is appropriate, identify that amount, and adopt modified resolution. Citizen Advised: Requested by: Prepared by: Coordinated with' Attachments: Acct. No. (if NOT budgeted)' 100.1945.690 Acct. No.:(IF BUDGETED) Appropriation Requested: $22,955 Mendocino County Library Uendocino County Library Michael F. Harris, AICP, Assistant to the City Manager Candace Horsley, City Manager 1. Resolution for adoption, page 1. 2. Library grant application request, pages 2-8. APPROVED7 '~' ',. --~ ,',.,.. Candace Horsley, City IV~anager mth:asrcc LIBAL92095 l0 13 14 15 16 17 3.9 2O 21 22 23 24 ?-5 ?-6 2"/ ?_8 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ALLOCATING FUNDS TO THE MENDOCINO COUNTY LIBRARY AND APPROVING BUDGET AMENDMENT WHEREAS, within the City of Ukiah, the Mendocino County Library provides significant services to the citizens and business community; and WHEREAS, dudng these difficult economic times, the Library is in need of financial assistance to continue furnishing its vital services; and WHEREAS, the City of Ukiah City Council desires to aid the Library in light of its substantial contributions to the welfare of the City; and WHEREAS, though not included in the adopted budget there are adequate reserves to fund a portion of the Library's activities. NOW THEREFORE, BE IT RESOLVED that the City of Ukiah City Council does ' hereby authorize funding to the Mendocino County Library in the amount of $22,955 and approves a budget amendment of $22,955 from Account 115.260.000 (General Fund Reserve) to Account 100.1945.690 (Community Outreach/Public Information Services, Special Supplies). PASSED AND ADOPTED this 20th day of September, 1995 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Fred Schneiter, Mayor Cathy McKay, City Clerk mlh:resord LIBALL92095 PROPOSAL TO CITY OF UKIAH FROM MENDOCINO COUNTY LIBRARY, UKIAH BRANCH LIBRARY For the past five years the City of Ukiah has supported the Ukiah Branch Library. The award letter of last year from the City of Ukiah dated September 14, 1994 from the Mayor and City Manager praised "efforts to enhance the intellectual resources available to our community." The letter also said "We look forward to continuing our working relationship with you to improve the living environment throughout the valley." (letter attached) During the past year we have met those efforts elaborated in the letter. The formula for the last three years for funding the Ukiah Branch Library was based on a registration sample of Ukiah residents. An earlier survey revealed that 48% of the registered card holders were city residents. That percent was applied against the cost of operating the Ukiah Branch Library which is $102,000. A recent survey of library card registrants reveals that 52% are city of Ukiah residents. The most heavily used service for Ukiah residents is the reference and information services. In addition to adult use, hundreds of elementary, middle, and high school students, and some college students use the reference department. A clear majority of these students live and go to school in Ukiah. Local teachers are assisted in preparing lesson plans around materials available at the library. Since more and more reference questions are being answered by electronic means, the City of Ukiah monies continue to assure that we have trained knowledgeable staff who will assist patrons in this often intimidating and confusing world of information retrieval. Last year at the Ukiah Branch Library there were 9,224 reference questions answered. The year before 4,925 reference questions were answered. (1402 reference questions were answered in 1992 before the City of Ukiah supported reference services.) Monthly average of public access computer usage is 475 patron sessions. Public access computers are used by an array of patrons. For example small business owners, mostly Ukiah based, use these superior computer services for ad copy, designs, brochures, business plans, desktop publishing, etc. A recent purchase of a CD-ROM based phone directory that covers the whole country is a valuable tool serving Ukiah patrons. Since it allows searches by SIC number, it is an excellent business marketing tool. Several Ukiah patrons have taken advantage of it and have given glowing reports. In recent months the reference staff has been fielding an increasing number of requests for business information. Reference staff report that these questions fall into three categories: (1) requests for factual information- e.g., demographic data for the local market area, names and addresses of suppliers, and names and addresses of business trade associations. (2) more complicated requests about specific topics- e.g., starting a mortgage banking business, and if the books or magazines or pamphlets are not available we seek the material from other libraries through interlibrary loans.. (3) people seeking guidance in the preparation of business plans - we can help by recommending good books on the subject or by referrals to local experts. If more funds are available from the City of Ukiah (option 1 under suggested options, last page) we would do the following to expand reference services to the business community: (1) create a business reference area, bringing together information sources that are now dispersed throughout the collection. (2) create a handout listing books the library owns on business plan preparation. (3) Prepare a list of books about starting and operating particular businesses (frequently asked about) to buy when money becomes available. The Ukiah Valley Friends of the Library have recently donated .a color printer for public use that will further enhance presentations for business and personal use. Futurist Toffler writes about the value of knowledge in the business field: "Today, all businesses, large and small, operate in a power field in which the three basic tools of power - force, wealth, and knowledge are constantly used ... and failure to understand how they are changing is a ticket to economic oblivion." (Toffler, Power Shift, P.33-4.) Frustrated with their limited success in locating data and information, the entrepreneur requires the services of a trained librarian. It is difficult for the average Ukiah citizen to keep abreast of the current changes in information services. The library column in the Ukiah Daily Journal regularly covers "The CyberCenter" located in the Ukiah Library and credit is frequently given for the help the City of Ukiah has provided in staff assistance for patrons using the five computers, two printers and a scanner. This "CyberCenter", the busiest corner of the library, exists due to the combined efforts of the Ukiah Valley Friends who provided the computers and the City of Ukiah, who helps us provide the necessary qualified staff assistance. For the last two years the City of Ukiah has assisted in supporting equipment purchases for the automated circulation system. The computer purchases are coming to an end. Over 32,000 books and other library materials and 2,500 patrons have been bar-coded and the library is within a month of going on-line to Sonoma County Library. The next phase will be the on-line public access catalog and that will have lnternet access through Sonoma County Library including modem access as a Ukiah local call. Also, Ukiah residents will be able to borrow directly from the other branch libraries. The library presently uses Internet to assist in answering reference questions. The City of Ukiah received a tremendous benefit from the Newsweek article of June 26, 1995. (See attached copy of article.). The city. was put in the national limelight in a very positive way. This story was worth thousands of dollars of free publicity. Granted the City of Ukiah did not fund the Redwood Free-Net but no one has quibbled with the Ukiah emphasis. Assistance to the Ukiah Branch Library will directly benefit the economic and educational well-being of Ukiah residents. We hope the City of Ukiah can help us deliver the service and improve the living environment throughout the valley. SUGGESTED OPTIONS FOR FUNDING 1) Continue to fund the reference services, two twenty-hour per week staff members, and buy additional reference titles and create a business section and reading lists. $52,000 per year. 2) Continue to fund the reference services, two twenty hour per week staff members, and not buy books or create additional or new services for the business community. $45,000 per year. 3) Provide thirty hours of reference services, one twenty-hour and one ten-hour staff member per week, no concentrated effort to serve business community. $29,040 per year. 4) Provide twenty hours of reference services, ten hours of no reference service, no concentrated effort to serve business community and minimal computer assistance to public. $22,955 per year. Prepared by Henry E. Bates County Librarian August 24, 1995 · ADMIN. 707/463-6200 · PUBUC SAFETY 463-6242/6274 · FAX # 707/463-6204 · September 14, 1994 Mr. Henry Bates Director Mendocino County Library 105 North Main Street Ukiah, CA 95482 Dear Henry, On behalf of the City of Ukiah and the Ukiah Redevelopment Agency, we are pleased to formally notify you that your request for funding assistance in the amount of $45,000 was approved by City Council action at their September 7, 1994 meeting. It is gratifying for us to play a part in your efforts to enhance the intellectual resources available to our community, we look forward to continuing our working relationship with you to improve the living environment throughout the valley. Again thank you for your service to our community. If we can be of further assistance please do not hesitate to contact us. As is the current practice, the funds will be forwarded in response to your monthly billing. Sincerely, Mayor Charles L. Rough, Jr. City Manager c: City Council mfh:admin L LIBRARY 9/14/94 '~Ve Are Here To Serve" Wired in the Woods Online: The world of modems, e-mail and ulletin boards has been a mostly urban phenomenon. Now a few local cyberjunkies are changing that. Br KATIE HAFNER SYLVESTER, GA., A COM- munity of $,000, is the quintessential I small farming town. The main thoroughfare consists of a Hardees, a Dairy Queen and a couple of diners. "We're such a small bump in the road that driving through Sylvester is like hitting an armadillo at 60 miles an hour," drawls local businessman Da- vid Register. "You'd hard- ly notice." Bump or no, Sylvester is in the vanguard of the informa- tion revolution. Since last September, the town has had in place its own community computer network, called the Worth County-Sylvester Free- Net. With some 400 regulars, the local network offers every- thing from USA Today to the latest news on federal farming legislation to information on the movies playing in theaters in Albany, a half-hour drive away. Throughout the nation, rural communities determined not to be sidelined in the Information Age are getting wired. About a dozen networks like the Sylves- ter system have gone online in the past year, and $0 more will be up by the fall. Unlike the commercial services, these net- works tend to be staffed by vol- unteers, and are free. The Free-Net concept is the brainchild of Tom Grundner, the 49-year- old president of the Cleveland-based Na- tional Public Telecomputing Network, a nonprofit organization that promotes non- commercial online services. An educator by training, Grundner started his first commu- nity network in 1986, in response to local' demand for health-care information. Called the Cleveland Free-Net, it mirrored a city's infrastructure, complete with "school house," "town hall" and "post office." Free of charge, the network was an instant hit. Since then, in addition to the rural projects, Grundner has assisted in the formation of ROGER MASTROIANNI Don't place your ad here: Founding father of the Free-Net phenomenon, Tom Grundner some 159 urban Free-Nets, including sever- al in Europe. Grundner and others liken the effort to wire the nation's remote pockets to the ru- ral electrification program of the 19150s. But unlike FDR's ambitious federal effort, the cyberwiring of rural America is largely grass-roots. Communities that start Free- Nets are often responding to frustration over the expense of subscribing to a com- mercial service, or just hoping to spark awareness of the potential of new commu- nications technology. "People in rural areas are just beginning to understand what a 'modem is and what it can do," says Kent Guske, a high-school social-studies teacher turned tech specialist. Guske started the Sylvester network with $11,000 in local dm nations after hearing about Grundner's project. Large commercial online services have stepped up their efforts to bring rural America up to speed. Logging on to a com- mercial service from a small town often requires a toll call. America Online, CompuServe and Prodigy recently began offering an 800 number, charging from $4.80 to $6 per hour for calls. But add that JUNE 26, 1995 NEWSWEEK ITEM NO. _ 9H ! DATE: September 20. 1995 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION OF PROPOSAL BY CITY OF COVINA REGARDING REDISTRIBUTION OF SALES TAX The City of Covina is soliciting support for a proposal to redistribute the sales tax between the State and Cities. The proposal was developed by the Los Angeles Division of the League of California Cities. The August 31 letter (attached) provides the background for the issue. The matter is before the Council for discussion and direction to staff. The topic will apparently be considered at the Annual League Conference. Staff believes further information from the League will be available when the Council conducts its review of all of the proposed resolutions. Council may wish to defer action until that time. RECOMMENDED ACTION: Discuss request from City of Covina regarding redistribution of sales tax. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine immediate action is necessary and direct staff to take appropriate steps to implement Council's desires. 2. Determine no action is necessary and do not discuss the matter. Acct. No. (if NOT budgeted): Appropriation Requested: Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: 1. Acct. No.:(IF BUDGETED) N/A City of Covina Michael F. Harris, AICP, Assistant to the City Manager Candace Horsley, City Manager August 31,1995 letter from the City of Covina, pages 1-6. APPROVED., ~i _ ~ o. ,~ _."; candace Horsley:'City Mahager mfh:asrco COVST92095 CITY OF COVINA 125 East College Street · Covina, California 91723-2199 August 31, 1995 Mr. Fred Schneiter Mayor City of Ukiah 300 Seminary Ave. Ukiah, CA 95482 Dear Mr. Schneiter: We are writing you to request the City of Ukiah's support for the attached resolution which was adopted by the Los Angeles Division of the League of California Cities on August 3, 1995. As you are aware, Division-sponsored resolutions are being forwarded to the League's General Resolutions Committee on October 23, 1995, and then to the General Assembly on October 24, 1995. The subject resolution seeks to redistribute 1% sales tax from the State to cities. The State currently gets 5% and cities get 1% of the sales taxes paid on each dollar throughout California. The resolution directs the League to initiate legislative actions, either through the State legislature or through a ballot initiative, to change the percentage split to 4% for the State and 2% to cities. If the shift in sales taxes is accomplished, it would mean that the amount of sales taxes cities now receive would double. In essence, the resolution seeks to shift money from the State to cities using an existing tax mechanism and an existing allocation method. The resolution is relatively simple and in "terms of complexity" stands in sharp contrast to a number of efforts underway on government restructuring, constitutional revision, and modification of the taxation system. Consequently, the proposed resolution should not be compared to these activities. The issue for this resolution is not the structure of government, the constitution, or the taxation system -- it is how much money different agencies receive. We believe cities and counties are getting a disproportionately small share of available revenues. For example, the City of Covina, located in eastern Los Angeles County with a population of 44,000, will receive about $19.8 million in general fund revenue during this next fiscal year from over a dozen sources, including an 8.25% utility users tax. Of this total, sales tax revenue is about $5.7 million. The State will get five times this amount or about $28.5 million - all from Covina transactions. The amount of sales tax revenue going to the State exceeds the City's total general fund revenue from over a dozen sources! And while Covina's budget has been reduced in recent years like a number of other cities and counties throughout California, the State's budget continues to increase, from $53.083 billion in fiscal year 1993-1994 to $57.508 billion in fiscal year 1995-1996, an increase of 8.3%. Page 2 of 2. As most city administrators throughout California know, part of the problem here is that property tax revenue and other funds have been lost due to State takeaways. ^ recent Los Angeles Times article put the amount of property tax revenue taken away by the State at $3.9 billion. Although many would agree that schools need more funding, it is unlikely that many would agree it should be taken out of the pockets of cities and counties since we have been heavily impacted by numerous State and Federal mandates as well as increased demands for Police, Fire, Public Works, Community Development, Parks and Recreation, and Library services amid continuing recession in many parts of the state. Adding to the plight and dismay of cities is the outcome of Proposition 172. Proposition 172 was approved by voters in November 1993 and increased statewide sales taxes a half percent to augment public safety funding, funding for police and fire services, for example. While it appeared that this measure would offset losses in property tax revenue, most cities only receive a small fraction of the money collected from this Proposition due to the formula used to apportion these funds. For example, Los Angeles County received $370 million so far for 1994- 1995 from Proposition 172, yet has allocated only about $35 million to cities in Los Angeles County, less than 10% of the revenues. Of the funds allocated to cities, Covina received $213,000, an amount far less than a half percent sales tax. If these funds were allocated using the formula used to allocate other sales tax revenues, Covina would have received over $2.5 million. We all know what is at stake regarding the financing of local government services. The true impacts of the recession and the need for increased government revenues have been pushed down to the local level by the State. To save many essential services that are now being threatened, we need to form a unified voice to effect the same changes at the State level that we have been forced to make as cities and counties. Through this resolution we are seeking a shift of an estimated $2.8 billion from the State to cities and counties. This amounts to less than a 5% cut in the State's fiscal year 1995-1996 budget. This is not an unreasonable reduction considering the kinds of drastic cuts being made this year by many cities and counties throughout California. We are not seeking a battle with the State over revenue. We simply feel that many local services that are now being jeopardized represent a higher taxpayer priority (e.g., Police and Fire) than other services provided by the State. This is the issue we wish to bring forward with this resolution. We ask that your City Council adopt the attached supporting resolution and either FAX it or mail it to the City of Covina by October 18, 1995. FAX to Covina's City Manager, Mr. Fran Delach at 818/858-5556, or mail it to him at 125 E. College Street, Covina, CA 91723. Following receipt of your supporting resolution, Covina will mail you a lapel pin that is now being produced to promote this effort. If you have any questions about this resolution feel free to call either of us at 818/858-7212. Thank you, City Manager TMO'L/FMD:CAK RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUPPORTING THE LEAGUE OF CALIFORNIA CITIES' RESOLUTION ON SALES TAX REDISTRIBUTION TO INCREASE THE AMOUNT RECEIVED BY CITIES TO 2%. WHEREAS, the State receives five times as much sales tax revenue as cities throughout California; and WHEREAS, the sales tax revenue retained by the State from individual cities often exceeds the general fund budgets of those cities where the sales tax revenue originates; and WHEREAS, cities provide services that directly benefit the quality of life in hundreds of communities throughout California; and WHEREAS, the public benefits of cities' services include the maintenance of property values, reduced risk to health and safety caused by crime, fires, medical emergencies, poor sanitation, and poor building and ~'oad construction; and WHEREAS, cities' services provide important cultural and economic benefits through parks and recreation programs, library and senior programs, removal of blight from inner cities and older neighborhoods, and through business attraction efforts that provide jobs; and WHEREAS, the State has acted to reduce the amount of revenue received by cities in recent years forcing many cities throughout California to augment their revenues by imposing local assessments, fees, or taxes - or to make cuts in essential services; and WHEREAS, because cities receive only a small fraction of the money collected through voter-approved Proposition 172 (Public Safety Augmentation Fund), public safety services like police and fire services face drastic financial reductions in many cities throughout California in light of State takeaways and State-imposed mandates; and WHEREAS, many taxpayers object to paying additional taxes for what they view as diminishing local services caused by these factors, especially while the demand for police services, for example, continues to increase due to rising crime; and WHEREAS, on August 3, 1995, the Los Angeles County Division of the League of California Cities adopted a resolution which seeks legislative action that would result in a more equitable distribution of sales tax revenue by shifting 1% sales tax revenue from the State to cities; and WHEREAS, the League's resolution will help cities provide essential local services without adding more burden to taxpayers; and WHEREAS, on October 24, 1995, the General Assembly of the League of California Cities will vote on this important resolution; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF that the City of does hereby support the League of California Cities' resolution to Redistribute Sales Taxes so that the total received by cities is 2% of the amount paid per dollar on taxable sales. PASSED, APPROVED AND ADOPTED this ~ day of 1995. ATTEST: Mayor City Clerk APPROVED AS TO FORM: City Attorney ADOPTED RESOLUTION OF THE LOS ANGELES COUNTY DIVISION OF THE LEAGUE OF CALIFORNIA CITIES --ADOPTED AUGUST 3, 1995-- RESOLUTION TO REDISTRIBUTE SALES TAXES WHEREAS, cities throughout California receive 1% of the sales taxes paid on each dollar within their jurisdictions; and WHEREAS, the State receives 5% of the sales taxes paid on each dollar in each city throughout California; and WHEREAS, the State has reduced the amount of funding to cities in recent years; and WHEREAS, costs of operating cities have increased in recent years due to a variety of factors, including increases in crime and increases in the number of mandates cities must comply with; and WHEREAS, voters throughout the State are weary of paying additional taxes, fees, and assessments for what they view as diminishing local services; and WHEREAS, the above circumstances have led to drastic cuts in the areas of Police, Fire, Library, Parks and Recreation, and Street Maintenance services by many cities throughout California; and WHEREAS, the effects of such cuts, and continued erosion of services in these areas will result in increased crime, reduced property values, reduced sales tax revenues, and increased costs to manage cities; and WHEREAS, the voters throughout California seem to consider such local government services a higher priority than many services provided by the State that are funded with sales tax revenue; now, therefore, be it RESOLVED, that the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 24, 1995, that the League will sponsor legislation or sponsor a ballot initiative effort that will redistribute sales taxes received by the State such that the State's share is 4% and the cities' share is 2% of the sales taxes paid per dollar; and, be it further RESOLVED, that the amount of sales tax revenue to be redistributed shall be allocated to cities using the same method as is currently being used to distribute the existing 1% share per dollar cities receive. INFORMATION & SOURCES Statewide Tax Rate The statewide sales tax breaks down as follows according to the State Board of Equalization. [Legal references were obtained from Mr. John Waid, Senior Legal Counsel, State Board of Equalization (telephone 916/324-3828). Taxable sales information is available from the Statistics Section, Planning and Research Division, State Board of Equalization (telephone 916/445-0840)]. STATEWIDE SALES TAX BREAKDOWN Percents received by Agencies State Government 5.00% R & T Code 6051 & 6051.3 County - Health & Welfare .50% R & T Code 6051.2 & 6201.2; W & I 17600 County - Public Safety* .50% Prop 172 added to State Constitution Cities and Counties# 1.00% R & T Code 7202(a) Counties - Transportation .25% R & T Code 7202(d)(e) Total 7.25% Notes: *About 10% of the amount apportioned to counties is allocated to cities, except in Alameda County. #Apportioned by place of sale. Do cities receive 1% or 1.25%? The Bradley-Burns Uniform Local Sales and Use Law (Taxation and Revenue 7200 et seq.), does establish the rate for cities and counties at 1.25 percent. But, according to Mr. John Waid, Senior Legal Counsel, State Board of Equalization, .25 percent is reserved for county transportation programs and goes to counties. This is pursuant to sections 7202(d)(e). Hence, cities do not receive 1.25 percent, but 1% in non- restricted general funds. Health and Welfare Realionment Prooram -- _ The amount designated for county health and social service programs of $1.6 billion (according to Western City, August 1995, p. 4), mostly goes only to counties, according to the Sandy Rogerson, Supervisor of Health and Welfare Program, Apportionment Unit of the State Controller's Office (916/322-5089). This is for the Health and Welfare Realignment Program which was approved and went into effect in 1991. This program is codified in Welfare & Institutions Code, Sections 17600 - 17609.15. Only seven cities statewide receive any funds for this program (San Francisco, Berkeley, Pasadena, Long Beach, and a Tri-City group). -- OVER -- Public Safety Fur]ds These funds were voter approved through Prop 172 in November of 1993 and amount to a .5% sales tax. They are designated for counties and cities that were subject to the property tax shift and are apportioned to counties based on their percentage of statewide taxable sales. Counties allocate funds to cities based on a formula established in Government Code Sections 30052-30054. According to Mr. Lyman Jeung, Principal Accountant of the LA County Auditor's Office (telephone 213/974-8362), and as stated in the Code, there is a limit on how much cities can receive from Prop 172 revenue -- 50% of the amount shifted in property taxes after deducting vehicle registration fee revenue. For example, if a city lost $1 million in property tax revenue but received $200,000 in vehicle registration fee revenue, then the city could receive no more than $400,000 in Prop 172 revenue (1,000,000 - 200,000 = 800,000 * .50 = 400,000). LA County received $370 million in fiscal year 94-95 (less 1 month) and retained $335 million; cities in LA County were apportioned about $35 million -- less than 10% of the lotal apportioned to LA County by the State. Mr. Lyman says that counties lost a greater share of property tax revenue during lhe shift and this is why counties receive a larger share of sales tax revenue from this source. According to Ms. Kwong- McGee at the State Controller's Office (916/324-8365), a number of cities are now complaining how little funding they actually receive -- in some cases counties are retaining up to 95% of these revenues. As an example of what this has meant to cities consider the following example. Prop 172 ushered in a 1/2 cent or .5% sales tax. A 1% sales tax results in $5.7 million to the City of Covina (population 44,000) when it is appodioned based on place of sale. Yet, the 1/2 cent sales tax imposed by Prop 172 resulted in only $213,000 to Covina last year. This has to do with the formula set forth in Government Code Section 30054. If this allocation formula was changed to return the funds based on place of sale, Covina's revenue designated for public safety services would increase by over $2.5 million per year. ITEM NO. 12b DATE: September 20, 1995 AGENDA SUMMARY REPORT SUBJECT: CLOSED SESSION - CONFERENCE WITH LABOR NEGOTIATOR, CANDACE HORSLEY, CITY MANAGER, REGARDING CITY OF UKIAH MANAGEMENT UNIT It is time to begin negotiations with the Management Unit, whose MOU expires September 30, 1995. Initial City Council input and direction for its negotiator is necessary. No action will be taken on this item at this time. RECOMMENDED ACTION: City Council meet with City Negotiator. No action is requested. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Acct. No. (if NOT budgeted): N/A Acct. No.: Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: Prepared by: Candace Horsley, City Manager Attachments: 1. None. APPROVED:. R:4/Can:ASRMOU Law OFFICES BELIN RAWLINGS & BADAL 11601 WILSHIRE BOULEVARD SUITE 2200 LOS ANGELES. CALIFORNIA 90025-1758 TELEPHONE: 310 575-5300 FACSIMILE: 310 445-0884 Belin Rawlings & Badal is a Los Angeles law firm which specializes in complex business litigation. The firm's guiding principles are to provide its clients with legal services of the highest quality, to utilize efficiencies and economies which allow its work to be performed at a fair price, and to emphasize a high degree of personal service in connection with its client relationships. Quality, creativity, integrity, efficiency, and an uncompromising accessibility to clients are the backbone of Belin Rawlings & Badal's approach. The firm believes its greatest assets are a talented group of lawyers committed to the practice of law, and a satisfied group of clients. Belin Rawlings & Badal's lawyers take great pride in being "problem solvers" and in the results they have obtained for clients over the years. They work closely with the principals of their business clients, and believe that it is only through focusing on the overall business interests and objectives of their clients that they can obtain results which are truly in their clients' best interests. The firm recognizes the importance of providing "pro-active" business solutions, in contrast to merely reacting to legal controversies. A basic tenet of the firm is to stress the benefits of a full analysis of the legal problems which its clients face, and to employ creative and flexible approaches to resolve those problems, all within the economic realities of the issues in question. Daniel N. Belin Belin Rawlings & Badal 11601 Wilshire Boulevard Suite 2200 Los Angeles, CA 90025 (310) 575-5300 Daniel N. Belin is a founding partner in the law firm Belin Rawlings & Badal. Over his 32 years of law practice, he has specialized in representing clients in the resolution of commercial disputes and in commercial litigation. Mr. Belin's experience in commercial litigation has been extensive and varied. He has acted as the lead trial attorney in the successful representation of both plaintiffs and defendants in a large number of trials in both the state and federal courts. He has appeared before administrative agencies at both the state and federal level, and has argued matters before state and federal appellate courts. Cases which Mr. Belin has handled have included securities litigation, contract disputes, federal and state tax claims, real estate controversies, banking litigation, disputes involving loan and other financing transactions, and disputes involving general corporate and partnership matters. He has had extensive experience in class action litigation. He has litigated issues in highly regulated environments, and has testified before the U.S. Congress in matters to accomplish the re~olution of complex litigation. A major part of Mr. Belin's practice has been in litigating cases involving breach of trust, conflict of interest, director and officer liability and breach of fiduciary duty. He also has considerable experience in litigation involving complex financial derivatives. The financial derivatives have included interest rate swaps and swaptions, reverse repo agreements, Eurodollar futures and various other hedge instruments, and the valuation of and accounting for those instruments. Mr. Belin also has had a deep involvement in major cases dealing with issues of mismatch and valuation of securities. The corporate and securities litigation which Mr. Belin has handled have involved claims of conflict of interest, breach of trust and breach of fiduciary obligation, and corporate looting, as well as disputes concerning proxy solicitations, Rule 10b-5 litigation, tender offers and claims of violation of other federal and state securities laws. The real estate cases which he has handled have included issues involving the enforceability and interpretation of real estate purchase and finance documents, claims of construction and design defect, partnership disputes, disputes arising out of land subdivision and development, and general issues of breach of contract and fraud in real estate transactions. · ENTERTAINMENT?THE ARTS/TV LISTINGS S Ir f,'T i 0 N · SATURDAY CALEN D A.! .... ;~" O'" $23-Milhon W ndfall: · . ~' '~'..r~, · .. for LACMA' ., u Museum: The settlement'of a legal dispute still must be approved by thb'court. Museur . officials say the funds would ' .. bolster'its operating endowmerit'. By BARBARA ISENBE'~ TIMES STAFF WRITER , espite an announ6ement earlier this j week that the beleaguered Los Angeles County Museum of Art may receive upward of 1;23 million from a longstanding legal dispute, nobody is open. lng champagne bottle,-, yet. " According to a settlement annaunced Tuesday, the Christian Science Church, LACMA and Stanford University haveo agreed to'divide the contested bequests of approximately $100 million from the fatal. lies of Bliss Knapp, a ChrlsUan Science teacher and author, and his wife, glolse Mabury Knapp. Please see LACMA, 1:'9 .~ -'-Conflziil~'d from F9 --'museum's forme~' director; an- ,--nounced his resignation Aug. 1!9 :after. '}e.~s than ,a year in that -position"arid after considerable ,'ternbl Cl~sension and public eon. _-troy,ray'. ' · ~' The settlement also comes at a --time of ificreased disagreement be. _'tween Museum Associates and Los ~Angeles County regarding county '.-,fundlng/':'whlch has been cut b ~ · . . Y ,-.$4:7 million over the past two fiscal ~years.~.Under terms of a 1958 ~agreem. ent prior to the museum's ~-move in '1965 to.Wilshlre Boule-' ~vard, the county generally agreed ~,to fund .the museum's operating ~,expenses while Museum Associates ~-provlded acquisition and other ~ monies. ~ 'Rawlings said the potential set- - tlement "should have no effect on ~, the ongoing re~ponstbiLtUe~ of the ~ county. The fact of the filing, w/th _--.respect to the settlement, has no LACMA Continued from F! The court must still approve the isettle~nent, and a hearing has been set in Los Angeles Superior Court for Dec. 14. Challenges to the settlement may 'also occur prior to that time. At financially pressed LACMA, which has trimmed st~ff and closed its doors an additional day each week, the potential settlement could more than double its reis. .tively low, $20-million endow. ment. Should the museum indeed receive thc settlement, Ronald Bratton, the museum's chtef depu. ty director, expects it would bc used to "replace critical staffing :uts, educutio, programmlns and outreach." "T!~oce is no certainty that this matter is resolved, or that It will be resolved," Bratton said on Friday, "but trustees have discussed among themselves that if the mu- seum should be fortunate enough to participate in the distribution of these funds, the greatest need the museum has now is in its operating endowment." "This is a complex lawsuit in- volving many parties and issues," said ·Chip Rawlings, the attorney representing Museum Associates, the non-profit private sector or- ganization that originally built and today munages LACMA. "Until the settlement is approved by the court, the museum is not counting on or spending the money prema- .turely." The potential windfall could also bolster LACMA's potential appeal to candidates in its search for a director. Michael E. Shapiro, the Please see LACMA, FIO '" "ir~medi~te in'pact on the muse~'s financing or its plans for the utlll- · zatlon of its current funds." But Chairman of the Board Of 'Supervisors Ed F-,delman se'es the · settlement as. a potential factor'in .future county funding. "The fact .that they got ,ome additional help may mean there may be less of a need to call upon the county. The amount of 'money that might be ~ked for by the museum might be reduced to some degree. But we don't know yet. All this is conjec- ture. '"l'here is a long-range problem . of how we look at agreements we have made," Said. Edelman, who earlier this month introduced a motion that LACMA and county officials meet to discus,,/their dlf.. nenC.e.s. *'But that is an ongoing g mat talks' about the long- term relationship with the county and how do we define the terms and maintain an obligation that will be sustainable." ~is week's setUement ends a long saga: In and out of court · involving Knapp's book'about the church's fOunder, Mary Balker Ed- ' dy, UUed "The Destiny of the . Mother ChBrch." It was originally rejected for publication in 19t8 by church directors because it deified 'Eddy, then was published in 1991 by the church as part of its "Twen. tleth-Century Biographers Series.",, Knapp died tn 1958, and his wife , and sister-in-law later agreed to leave the .bkfik of their sizable estates to' the church if; among other, things, the book was pub. lished as "authorized" Christian ~.ience material and was "promi- nenUy displayed in substantially all" of the church's worldwide reading rooms. If the church did not do that within a designated period of time, their bequests were to have beeh divided equally be- tween LACMA and Stanford. The church's deadline was 1993, and documents were filed in late 1991 claiming that the church had complied with' terms of the be- quests. However, Stanford and LACM. A. filed suit in Los Angeles Superior Court last year, Rawlings said.. Salomon Moves To Settle Suit By Ahmanson _ Quietly, Wall Street Firm 'Pays Over $30 Million In '89 Inflated-Fee Case By Jum)A Woo St~f! Reporter o! Taz W~ S~z~ Salomon Brothers Inc. has q~etly paid more than I30 million to settle a lawsuit allegng that the investment bank ln~ated 1~ fees when It advised H.F. ~son & ~. on the acquisition of ~we~ Bank, ac~rdlng to lndl~duals familiar wl~ ~e a~eement. The case, which had been set m go to ~la als week In ~s Angeles sate Involved Ahmanson's 1987 p~chase of Bowe~, which Ahmanson merged into Home 8a~n~ Bank of New York. Ahman. son, the nation's largest ~t ~mpany, .sad In a 1989 lawsuit that 1~ became s~plclous about ae lnte~lty of Salomon ad,ce after the lnves~ent bank made an emb~sing math mistake d~ng the ~ansactlon. Mter ~mverln~ ae mistake, Ahman- son said In the lawsuit, It t~k a closer look at Salomon's effor~ In ae Bowe~ deal and realized that Salomon had ~ven self. se~ng advice and In,areal 1~ fees throughout ae deal. Ahmanson, based In ~lndale, Calif., clalm~ that It had losses of S200 million as a reset. It ~ccused Salomon of negligence, breach of g on,act and breach of tlducla~ duty. Salomon denied the thrlft's allegations when the s~t was filed. "The valuation error was the tip of the lcebe~," said Douglas M. ~wllngs, an attorney for Ahmanson at ~s ~geles law firm ~elln ~wlln~ h Badal. "It was ae wake-up mil which led ~,~e dlscove~ ~hat was really going on. Under the terns of ae settlement a~eement, reached ~ls month, Saomon paid ihmanson be~een ~0 million and S3~ million, ac~rdlng to People close to the ~deal. A spokesman for Saomon, a mit of '~omon Inc., ~lrmed ~at a settlement had been reached but declined to mmment on la terms, sagng It was covered by · ~nfldentlallty pact. The math ear, which Salomon ~n- ceded several days after ma~ng It, came when the Investment bgnk was evaluating ne o~ Bo~'s assea before the acqulsl. on, ~ew. ~ork-based Bowe~, l~e other ban~, had been healing against Interest. rate ~uctuatlons ~in~ an Interest.rate swap. Under ae terms of the swap, Bow- e~ had ~e right to receive adJ~table-rate paymenm f~m ~e Federa De,sit ~s~. ance ~. and had the duty to make fixed-rata paymen~ to lt. A swap'~s ~klue ~ an ~set depends on such v~lables as prevallln~ Interest rates and ~e amc perl~ over w~ch ~e swap rakes place, Saomon ~k me ~sl~on aat It had acciden~y fed ~e ~n~ perils Into a computer mat ~lc~ated swap values, people fam~lar wl~ ~e ~e said. The reset: Instead of a 1~0 million ' vaue, Salomon came up wla negative m~llon. Rel~g on Sglomon's nmbe~, Ah- sanson ~nceled ~e swap, ~n after, Salomon discovered ae aisle and relm. b~sed ~e ~rift company by replacing the lost swap with a new one, Salomon said In co~t papers. Salomon said the person res~nslble for ae ~mpu~r. e~r that THE WALL STREET JOURNAL TUESDAY, OCTOBER 19, 1993 ..~__. 6'o~tinuecl Prom Pa~e A£ aroused Ahmanson's suspicions is no longer with the firm. ' Ahmanson said in the suit that before the math problem even arose. Salomon had recommended using a different inter. est-rate index for the swap. Ahmanson had complied. But the shift suggested by Salo- mon meant that Bowery had to restructure its assets, a restructuring that would have provided Salomon with millions of dollars in undisclosed transaction fees. Ahmanson dropped Salomon, It said in its suit, be- cause it no longer trusted the investment bank. : Ahmanson also claimed in its suit that. in makll;g the switch to the new index,. Bowery had to make ,,. seri~,S o! conces- sions to iht-FDiC that ended up costl//g"the bank S100 mllllonl · Salomon argued In Its co~rt briefs that the change in indexes allowed Ahmanson. to make hedges, in 'the' 'form of counter,. swa.ps,_that it .couldn. 't.make. befol'ejThat'i mal~e t~owery a more:vglUabl~ ~i~set,'salo: =. men said. ' · · Ahmanson also aliegec~ Ih th'e suit that Salomon failed to ca 'rry, o'ut.'it~ .fiduciary .. duty when setting up interest-faro.swaps.' Instead of relying on market-level;interest: rates, the 'thrift compariy 'alleged;' it Used'.' rate figures from its own Treasury desk." Ahmanson argued that. such. actions. constituted a conflict of'interest' and'went outside 'the bounds of ordinary financial practice. Ahmanson's theory was that Sa- lemon's'desk could have provided numbers' that favored the investment bank, while market-rate numbers would have been' Independent. At the time bf the suit, Sale-'. mort denied any breach of fiduciary duty. ' In the end, Salomon wound up undoing' the swaps after Ahmanson protested the investment flrm*s handling of the matter, according to court briefs for both sides. -- Belin Rawlings & Badal's lawyers also do a great deal of work in dispute avoidance. As a result of their experience in business litigation, and the counseling of clients in a wide variety of contexts, members of the firm have developed substantial expertise in resolving disputes as they arise and in finding resolutions which minimize the risk of litigation. In keeping with this background, the firm will continue to assist its clients by counseling them in their general business affairs and in connection with specific transactions. Belin Rawlings & Badal's work in assisting clients in the resolution of business disputes is guided by the firm's substantive expertise in trial and appellate work. Lawyers in the firm have represented clients in litigation in the federal and state trial and appellate courts, before administrative agencies, and in arbitration and mediation proceedings, and each attorney with the firm is capable of trying or assisting in the trial of cases before judges and juries. It is the firm's view that the best opportunity for favorably negotiated resolutions on behalf of clients occurs when clients are represented by experienced and effective litigators, such as those at Belin Rawlings & Badal, who have no fear of the judicial process. The firm takes pride in the fact that it is well equipped to take even the most complex litigation to trial. Belin Rawlings & Badal is committed to providing service at a fair and reasonable cost. To minimize fees and maximize results, the firm emphasizes practical and result-oriented strategies, and the effective uses of the latest in technology at every level. The firm staffs its projects only as necessary to achieve its clients' goals. The founding partners of the firm are Daniel N. Belin and D. M. Rawlings. Daniel Belin received his LL.B. degree from Harvard Law School in 1962. He did his -2- undergraduate work at the University of Michigan, from which he graduated with distinction and was elected to Phi Beta Kappa. Chip Rawlings is a 1974 Yale Law School graduate. He graduated Magna Cum Laude and Phi Beta Kappa from Duke University. Robert G. Badal received his J.D. degree from Harvard Law School in 1973. He did his undergraduate work at the University of Pennsylvania from which he graduated cum laude and was elected to Phi Beta Kappa. Prior to entering the private practice of law, he served at the Federal Trade Commission in Washington, D.C. The three named partners were prominent members of the litigation departments in the Los Angeles offices of large multi-state law firms before the formation of Belin Rawlings & Badal. Each of them achieved a national reputation in complex litigation through his representation of clients in a wide variety of highly complex and significant matters, many of which have involved sums in excess of $100 million. Since the formation of Belin Rawlings & Badal, three other attorneys have become partners of the firm. Lisa D. Norlander is a 1984 graduate of Hastings College of Law and a 1980 graduate of University of California, Santa Barbara. Paul N. Sorrell is a 1986 graduate of UCLA School of Law and a 1983 graduate of Whittier College. David S. Poole is a 1980 graduate of the University of Southern California, Gould School of Law and a 1977 graduate (cum laude) of University of California, Los Angeles. Three other highly experienced lawyers are affiliated with Belin Rawlings & Badal. Lewis Anten, who specializes in patent and trademark, copyright, unfair competition and other intellectual property law matters, is Of Counsel to the firm. He received his Bachelor of Science degree from Northeastern University in 1968 and his J.D. degree in 1971 from New York University School of Law. Martin S. Schwartz, also Of Counsel to Belin Rawlings & Badal, -3- is a tax specialist. He has served in many professional capacities, including the Chairmanship of the Bank and Thrift Taxation Section of the American Bar Association. He received his Bachelor's degree from City College of New York in 1955, where he was elected to Beta Gamma Sigma Honorary Society. He received his LL.B. degree from New York University School of Law in 1960, where he was Order of the Coif and a member of the Law Review, and a Master of Law in Taxation in 1961 from New York University School of Law. James E. Doroshow received his undergraduate degree from Washington University (cum laude) in 1975. He received his J.D. degree from Stanford University in 1979. Belin Rawlings & Badal currently has three associates. They are Stephanie Blackman (UCLA Law School, 1987), Michael A. Horn (Georgetown University, 1990), and John A. Schlaff (Harvard Law School, 1987). Lawyers at Belin Rawlings & Badal have lectured and published in a wide variety of areas of their legal expertise. They also have been active in community affairs. Most notably, Daniel Belin is the past President and current Chairman of the Board of Trustees of the Los Angeles County Museum of Art, serves on the Board of Directors of the Los Angeles Philharmonic Association, and is a trustee of The Ahmanson Foundation in Los Angeles and the Samuel H. Kress Foundation in New York City. Chip Rawlings has been active in other public, religious and non-profit activities in the Los Angeles area, such as being a director of Los Angeles Patrons of the Arts and South Bay/Harbor Interreligious Council. Robert Badal has served in a number of positions in the local bar associations, including serving as the founding Chairman of the Los Angeles County Bar's Committee on -4- the Legal Problems of the Elderly and serves as a Director of the Board of Directors of Bet Tzedek Legal Services. Lawyers in the firm have represented a broad range of corporate and individual clients in a wide variety of matters, and have tried well over 100 cases. Attached is a brief summary of representative matters which have been handled by Belin Rawlings & Badal attorneys. -5- REPRESENTATIVE MATTERS WHICH HAVE BEEN HANDLED BY BELIN RAWLINGS & BADAL ATTORNEYS . Real Estate Litigation Representation of buyers and sellers of real property in various lawsuits involving the enforcement of covenants contained in purchase agreements, the rescission of purchase transactions on the basis of fraud and concealment, and other causes of action giving rise to claims for compensatory and punitive damages. Representation of a number of real estate developers in the defense against claims brought by real estate purchasers for breach of contract, specific performance, breach of warranty, fraud and misrepresentation and alleged non- compliance with various local, state and federal land use and environmental laws and regulations. Representation of property owners in litigation presenting issues regarding eminent domain, inverse condemnation, prescriptive easement, trespass, adverse possession, landslide, slippage and subsidence problems and construction defects. Representation of a company in class action litigation commenced by disaffected investors regarding the packaging of mortgage interests as investment vehicles. . Environmental Litigation Defense of environmental litigation brought by various private interest groups in an effort to stop major real estate developments through allegations of deficient environmental impact statements and other purported environmental violations. Representation of various manufacturers in the defense against civil and criminal claims of violation of local air pollution and water pollution ordinances. Prosecution and defense of several CERCLA private cost recovery actions. Defense of RCRA enforcement actions brought by the United States EPA. -6- Defense of CERCLA litigation brought by the United States government related to several Superfund sites. Defense through trial of municipality sued by the United States, State of California and environmental groups for violations of the Clean Water Act. 3. Tax Litigation Representation of a trust company and an estate in a plaintiffs' federal estate tax refund case, involving valuations of businesses having a net worth in excess of $1 billion, valuation of the corporate control of those businesses, fiduciary responsibilities of directors and controlling shareholders, and complex community property apportionment issues. Representation of private foundations in complex negotiations with the Internal Revenue Service, involving issues of self-dealing, excess business holdings and alleged statutory violations. Representation of individual and corporate taxpayers in federal and state income tax litigation. Representation of taxpayers against criminal indictments for tax evasion. 4. Securities Litigation Representation of individual and corporate investors in the prosecution of and defense against lawsuits arising out of efforts to obtain or maintain corporate control through stock purchases, shareholder derivative actions, proxy fights, tender offers and other securities actions, and in some cases the prosecution of or defense against related RICO claims. Representation of individuals, partnerships, corporations, and corporate officers and directors in connection with various enforcement proceedings and investigations by the SEC and state securities regulatory authorities, including proceedings involving claims of impropriety of inventory pricing and other falsifications of financial statements. Representation of investors in oil and gas, real estate and other tax shelter limited partnerships for rescission of investment agreements and for the recovery of damages, based upon alleged violations of securities laws, fraud, concealment and self-dealing on the part of the general partners. Representation of corporations and their officers and directors in connection with shareholder derivative actions, including claims under Section 10(b) and -7- Rule 10b-5, claims of disclosure violations, and claims of failure to supervise management in business and financial reporting matters. Accountant's and Other Professional Malpractice Litigation Representation of accounting firms in the defense against actions alleging various federal and state securities and RICO violations arising out of the accounting firms' preparation of financial statements used in offering circulars, prospectuses and annual reports. Defense against actions alleging professional negligence by accounting firms in the preparation of financial statements used in connection with the sale of businesses, including the sale of a National Basketball Association franchise and the sale of a national parts distribution network. Representation of an accounting firm in the defense against an action alleging abuse of process, fraud and intentional misrepresentation in connection with expert witness services performed by the firm in a dissolution proceeding. Representation of accounting firms in the defense against threatened litigation, including regulatory litigation arising out of the failure of a financial institution and litigation arising out of the alleged reliance by third parties on audited financial statements. o Representation of a law firm in defense of allegations that it failed to properly protect limited partners/investors in real estate ventures where the law firm represented the managing general partner. Class Action Litigation Representation of thrift associations in the defense against a number of class action lawsuits challenging the enforceability of mortgage loan contracts, in some instances involving the institutions' entire mortgage loan portfolios, and seeking compensatory damages which in individual lawsuits ranged from more than $10 million to more than $500 million, on the basis of claimed breaches of contract, fraud and misrepresentation, violation of statutory obligations, unenforceability of contracts of adhesion and penalty clauses, overcharges of interest and other fees, 360-day year interest claims, usury, racial discrimination/redlining, and anti-trust violations. Representation of insurance companies in the defense against class action litigation brought on behalf of insureds, claiming breach of their insurance agreements and violations of law in alleged overcharging of premiums. -8- 7. Unfair Competition, Computer and Intellectual Property Litigation Representation of a corporate partner to a software development joint venture for the purpose of protecting the intellectual property of the venture from disclosure to, and use by, a competing corporation. Representation of a financial institution in the defense against claims of an alleged price fixing conspiracy between that financial institution and other financial institutions in California, with respect to allegations concerning parallel pricing of fees and rates for loans. Representation of various manufacturers, industrial corporations and financial institutions in prosecution and defense of claims of trademark, trade name, trade dress and patent infringement, and related claims of unfair competition. Representation of various clients in computer cases where the plaintiff alleged defects in the manufacture of hardware or software which caused damages to the ongoing operation of plaintiff's business. Representation of large foreign electronics companies in litigation involving allegations that they monopolized or attempted to monopolize the domestic market for various electronics parts or products. 8. Banking (Including Lender Liability) Litigation Representation of banks and thrift associations in various lawsuits against borrowers, involving loan workouts, the enforcement of security interests in real and personal property, lien priority issues and the interpretation of loan commitment and other loan agreements. Representation of depository institutions in connection with various forgery and unauthorized signature claims. Representation of depositors in a failed national bank, in actions against its officers and directors, a private deposit insurer and federal regulatory author- ities, for recovery of losses sustained on account of the bank's failure. Representation of financial institutions in claims for recovery on blanket bonds and fidelity bonds. Representation of financial institutions in lender liability actions alleging violations of the Bank Tying Act, usury laws and other banking and debtor protection statutes; the application of principles of joint venture and agency law; and various claims of fraud, negligence and breach of contract. -9- 9. Insurance Litigation Representation of insurance companies in various actions brought as a result of the companies' failure to pay claims under general liability policies and errors and omissions policies. Representation of insurance companies in litigation involving the enforceability and interpretation of agreements with their agents and district managers, involving issues of contractual interpretation and the enforceability of non- competitive agreements. Representation of an insurance company in a civil action brought as a result of a serious accident on a movie set, under circumstances where the insurer refused to provide a defense for special effects personnel in the criminal prosecution of those persons. 10. Fraud, Breach of Fiduciary Duty, Officer and Director Responsibility, and Conflict of Interest Litigation Representation of a subsidiary corporation in the prosecution of a suit against its former holding company parent, involving claims of "looting," misappropriation of assets, breaches of fiduciary duty and malfeasance in connection with a complex tax sharing arrangement. Representation of a private foundation in litigation against its supervisory authority and a former trustee, involving hundreds of millions of dollars of claims and cross-claims, dealing with issues of breach of fiduciary obligation, conflict of interest, director responsibilities and rescission of gifts and agreements, together with the interpretation and interaction of federal tax laws and state non-profit corporation laws, and the application of conflicting objectives of state and federal laws and regulatory bodies. Representation of multi-tiered financial institutions in litigation against investment advisers for breach of fiduciary duty, fraud and related claims. Representation of an escrow company in more than 20 lawsuits arising out of an alleged scheme to defraud which was perpetrated over several years, including the prosecution of actions to recover monies from the wrongdoers and the defense of actions brought by others who sustained losses. Representation of officers and directors of financial institutions in the defense against actions initiated by regulatory authorities claiming liability on the basis of negligence and breach of fiduciary duty. -10- Representation of corporations in the defense against claims of agency liability and claims of scope of authority and agency of their officers and employees. 11. Wrongful Termination/ERISA Litigation Representation of a company and its pension plan in litigation arising out of allegations of breach of contract, fraud, and RICO, together with claims brought under ERISA against both the plan and its trustees. Representation of numerous corporations in defending wrongful termination, sexual harassment, age discrimination, discrimination against the handicapped, retaliatory discharge and "whistle blowing" cases. Representation of numerous corporations and retirement plans arising from alleged wrongful denial of benefits, including statutory claims under ERISA. Representation of senior corporate executives in litigation to collect benefits due under written employment and termination agreements. 12. Products Liability Litigation Representation of a manufacturer in products liability action seeking recovery of more than $500 million, arising out of the failure of hundreds of shopping center roofs in France and California, the losses from which were alleged to be covered by a consortium of insurance companies. Representation of a large manufacturer of tubing and piping in an action seeking over $200 million in damages alleged to have been caused by defects in manufacture. Representation of parties in the prosecution and defense of aircraft litigation, particularly involving products liabilities claims. 13. Medical Insurance, HMO and Hospital Litigation Representation of a provider of medical insurance and the holding company of an HMO, arising out of disputes concerning ownership of several hospitals. Representation of a hospital in litigation dealing with the rights and responsibilities of hospitals and other medical staffs. Representation of professional medical societies in litigation challenging the legality and enforceability of various state and local laws applicable to the hospitalization of patients and to the treatment of patients while hospitalized, -11- and in connection with various proceedings challenging health care professionals with having committed ethics violations. 14. Criminal Law Representation of corporate executives, managers and employees in proceedings before federal grand juries throughout the United States. Representation of president of a financial institution during a federal criminal investigation. 15. Miscellaneous Representation of a shipping company in litigation arising out of an alleged "double sale" of oil cargos. Representation of a domestic corporation in connection with a widely publicized "Special Counsel" investigation. Simultaneous prosecution and defense of claims arising in related lawsuits against several government agencies, involving alleged acts of impropriety by law enforcement agencies leading to damages to a third party, as well as claims arising out of an alleged series of defamatory statements made by third parties concerning the investigations in question, while at the same time both defending and prosecuting actions and cross-actions for alleged violations of RICO. Representation of a number of parties to international disputes (including cases involving international products liability, contracts and joint ventures, commodity sales, trading, insurance contracts, sovereign immunity, Act-of- State Doctrine and conflicts of laws). Representation of defense contractor in dispute with other defense contractors, both foreign and domestic, over proper allocation of risks and indemnities among the various parties. Representation of a manufacturer against its joint venture partner (a foreign governmental entity) arising out of the common efforts of the manufacturer and the foreign government to jointly manufacture products overseas. Coordination of litigation before state and federal administrative agencies involving requests for utility rate increases. -12- Prosecution of and defense against various constitutional law claims (particularly involving the 1st, 5th and 14th Amendments and claims of civil rights violation). Claims of non-compliance with statutory obligations. · Estate and trust litigation. · Private attorney general litigation. March 21, 1994 -13-