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HomeMy WebLinkAbout2006-03-01 Packet4:00 p.m.: CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 March 1, 2006 4:00 p.m. Department Goals Workshop- Finance, Police, Planning and Public Works The regular City Council meeting will follow the special session. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS a. Designation of March as Women's History Month - Councilmember Rodin 1 APPROVAL OF MINUTES a. Regular Meeting Minutes of December 21,2006 b. Special Joint Meeting of the City Council and the Ukiah Valley Sanitation District of January 9, 2006 c. Regular Meeting Minutes of January 18, 2006 1 RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. . CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Rejection of Claims for Damages Received from Carrie Brigham and Referral to Joint Powers Authority, Redwood Empire Municipal Insurance Fund b. Adoption of Resolution Approving Records Destruction (City Clerk's office) c. Approval of Designation of Applicant's Agent Resolution and Project Application for Federal Assistance to Obtain Federal and State Financial Assistance Related to 2006 Winter Storms Local Emergency d. Award Purchase of Sodium Hypochlorite to Pioneer America's LLC. at the Unit Price of $0.869 per Gallon for an Approximate Total Amount of $66,044 e. Notification of Emergency Rental from Rain for Rent for Three Pumps at the Wastewater Treatment Plant for the 2005 Storm in the Amount of $21,881.55 f. Award of Bid for Purchase of a 2006 4 X 2 Chasis Truck Including a Heavy Duty Material Handler and Double Man Lift with 55' Reach For High Voltage Maintenance and Construction g. Notification of Award of Bid for Underground Cable to Okonite Company in the Amount of $7,801.64 h. Award of Bid for Purchase of Ferric Chloride Product to Kemiron Companies in the Amount of $29,719.80 i. Award of Bid for Purchase of Liquid Polymer-Emulsion to Polydyne Inc. in the Amount of $11,880.00 j. Award of Bid for Purchase of Sodium Bisulfite to La Chemical in the Amount of $14,900 7. 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. 8. PUBLIC HEARINGS (6:16 PM) None. 9. UN FINISHED BUSINESS a. Review and Discussion of the Existing Operational Structure and Economics of the Golf Enterprise as a Prelude to Operational Revisions - Crane b. Discussion and Consideration of Options for Golf Professional Services at the Ukiah Municipal Golf Course c. Discussion of Argument In Favor of Ballot Measure Allowing for City Council Appointment of Mayor from among the Five Elected City Council Members- Rodin/McCowen d. Discussion and Approval of Civic Center Service Hours 10. NEW BUSINESS a. Annual Review of Traffic Signalization Fund for South Orchard Avenue and East Gobbi Street b. Authorize City Manager to Execute Documents and Transfer Funds to Prepay Golf Course Debt c. Discussion and Possible Consideration of Proposed Western Hills Building Moratorium - Baldwin d. Discussion and Approval of Matching Funds for Fiscal Year 2005-2006 Coyote Dam Feasibility Study 11. COUNCIL REPORTS 12. CITY MANAGER/CITY CLERK REPORTS 13. CLOSED SESSION a. Public Employee Performance Evaluation (Gov't Code Section 54957) Title: City Manager 14. ADJOURNMENT I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting set forth on this agenda. Dated this~ ~ day of March, 2006. Marie Ulvila, City Clerk Item No: Date: March 1,20(~6 AGENDA SUMMARY REPORT SUBJECT: DEPARTMENTAL GOAL WORKSHOP: Finance, Police, Planning and Public Works/Engineering The purpose of this workshop is to develop a broad view of the major issues that each department will be facing within the next three to five years and to discuss the priorities for the coming fiscal year. The fiscal year goals will be listed in the budget document. Staff is requesting Council's input as we discuss these goals, in part for preparation for our budget process, but also to guide the departments in what projects the Council believes are priorities for the City. Attached please find the goal worksheets for the Finance, Police, Planning and Public Works departments. The next scheduled session will be on March 15th at 4pm for all other City departments. A separate meeting will be held immediately following this process to determine a list of specific Council goals. Finance Department (including Accounting, Utility Billing, Purchasing and Information Technology Divisions) Current Fiscal-Year Pro. iects and Issues Projects should have funding approved and Purchase Orders opened by June 30, 2005. 1. Issue RFP's and select vendors for FY2005-06 Financial Audit and GASB 34 implementation ($25,000 budgeted for GASB 34 in Fund 699) Audit is an annually budgeted expense and the current contract has been extended twice so it is time for an RFP. The GASB 34 implementation project is a one-time valuation of certain existing infrastructure to meet the new rules. 2. Purchase and install e-mail server and Microsoft Exchange software. $35,000 is budgeted in 100.1965.800 for the project. For software compatibility we will have to update all servers to Window Server 2003 at a cost still being determined, very worst case an additional $35,000. This is a major enhancement of the network, including: Standardizing desktop e-mail systems Implementing city-wide address book and mail groups Implementing city-wide meeting room and conference scheduling Enabling off-site e-mail access and forwarding Enabling electronic desk-top fax receipt and transmission 3. Complete phase one of Web Site update with enhanced usability, clean look and security. An ASR will be prepared after further project definition and evaluation of the labor hours required. In addition to a clearer look and feel, there are major background changes to facilitate maintenance and allow easier, faster upload of documents and forms. 4. Payoff REFA Golf Course debt with internal financing. ASR for Council approval scheduled for March 1, followed by formal notice to REFA and bond holders. 5. Replace stuffing and postage machines ($60,000 and $5000 budgeted in 698) the current machines are considered obsolete by their manufactures and are no longer covered under fixed price service agreements. Reliability and the quality of their work (double-stuffed and crumpled invoices) has suffered from worn and difficult to replace parts. Physical limitations of the stuffer have made it impossible to include all desired inserts in utility billings. 6. Replace current electric vehicle fleet, in cooperation with other departments, utilizing the fund balance of the Public Benefits Fund to purchase alternative fuel vehicles, possible CNG to leverage our prior investment in this fuel technology. Nissan has notified all users of their experimental electric cars that the test period is over and that they will be scheduling pickup of the vehicles between May 17 and July 31, 2006. Nissan is not making the vehicles available for purchase. March 1, 2006 1 by Mike McCann 7. Resolve CDBG Reporting issues and responsibilities. We need to understand all reporting requirements, financial, program, quarterly, annual, program funds re-use, public hearings, etc... We need to identify internal and external resources to service these responsibilities Lon~-Term Pro. iects and Issues Eight (8) Projects should be designed and funding identified in FY06-07. Purchase Orders should be approved and most work substantially complete by the end of FY07-08. However, much development work is needed to turn these glimpses of the future into actual projects. 1. Information Technology (City-wide). The Information Technology department supports all City activities and needs. Within the context of a single project all areas of the network hardware and software will be evaluated for security, capacity, future growth and economic efficiency. Elements include: A. Network Architecture & best use of hardware resources Organization of network routers Routine automated backup of all data Firewalls and Virus protection of all servers and PCs Optimized use of AS400 (beyond billing and GL programs) B. Web site development: Phase II Interactive forms Searchable databases On-line payment capabilities Class registration Facility Rental C. PC planned management program Develop best-value configurations Optimize vendor relationship and service Standardize operating systems Move data storage to server systems D. PC Software standardization Best-value licensing arrangements Standardized application versions for Outlook, Excel, Word. Training & Support for all users, advanced training for specialists E. GIS linkage and utilization with server (AS400?) database and user software F. Wireless technology including laptops, blackberry and cell phones in coordination with the County IT department. March 1, 2006 2 by Mike McCann 2. Information Technology (Finance Department) ($476,000 has been budgeted in Funds 698 & 699 for this major software purchase). In the past the City was attempting to work with a single vendor with the intention of installing a single newly-developed city-wide system that would encompass all areas. Current thinking is that this project was bigger and more complex than vendor understood, while at the same time other software has become available at with more aggressive pricing, including revitalized efforts from current vendor. We plan to look at seven areas in updating our software: A. Basic Accounting & Utility Billing Software on AS400 system Review upgrade possibilities with current vendors Survey software marketplace Decision point; keep or change; enterprise or functional; single vendor or multi, etc... B. Niche products may be needed to fill in gaps once core software architecture decisions are finalized Financial and Utility Reporting Budget and long-range forecasting Financial analysis and modeling Utility rate setting C. Utility Billing Check processing software and hardware Use of Web for inquiry, services, payments, electric & water usage Handheld wireless devices for field use and communications Reporting software Self-service kiosk in lobby & elsewhere D. Payroll & Personnel Personnel software and interface with payroll Internal use of Web for employee PAFs, timecards, what-if tax change questions, benefit changes Web job applications and applicant data entry Interface to budget model software E. Accounts Payable data transfer and payment methods Wire Transfers ACH payments Web payment inquiry and research F. Account Receivable (misc) Receive Web payments Invoices on Web for clients Account history on Web 3. Electric Public Benefit Fund The Public Benefits Fund has substantial fund balance and a strong dedicated funding stream. In the last year we have seen more interest in March 1, 2006 3 by Mike McCann solar systems and other potientially qualifying alternative energy, conservation and discount programs, and believe that we can capitalize on this interest: A. Marketing and expansion of current energy conservation programs B. Enhancement of senior and other discount programs 4. Physical Environment A. Update layout front desk area for better security and convenience B. Establish "cashier station" with credit card machine in Finance area C. Improvement of walls and other amenities in Finance department D. Utilization of Civic Center attic for mini fitness center E. Improve storage for items pending salvage sales or other disposition F. Replace forklift with non-odorous model 5. RDA Debt Issue. Manage financial portion of new debt issue as part of City team 6. Update policy on use of internal cash pool for inter-fund loans and debt financing. Reviewing external debt for best use of internal financing is a continuing interest and objective of staff. Staff plan to recommend updates to City policy in order to ensure that cash reserves are properly managed while still allowing favorable financing opportunities to be evaluated and implemented. 7. Issue Banking Services RFP and award contract. Current contract expires in 2007. With the rapidly changing technology used in today's banking world, staff plans to evaluate the marketplace and open the RFP process if it appears the cost savings and operating efficiencies are possible. 8. Update records storage needs and retention schedule. Update list of records that need to kept in hard-copy. Update what is boxed together to facilitate life-cycle handling March 1, 2006 4 by Mike McCann 0 · 0 0 CTFY OF UK/AH Department of Planning and Community Development $1 ort and Long-Term Goals SHORT TERM GOALS - COMMUNITY PLANNING DIVISION Goal Continue to build a strong working relationship with the County Planning Department and collaborate on addressing regional planning issues in the Ukiah Valley, and on completing the Ukiah Valley Area Plan. Accomplish this goal by attending regular meetings with County Staff and playing a lead role on behalf of the City. :improve relationships with community groups and organizations by frequently meeting and discussing planning and buildings issues. Accomplish this goal by being proactive and setting up meetings with planning and building stakeholders. Significantly increase the planning and building information on the City's website. Accomplish this goal by working with Informab'on Technology Staff to post electronic documents and scan non- electronic documents for posting. :Increase hardcopy brochures at the front counter. Exploring options for a public accessible electronic permit tracking system. Complete assessment of planning permit review process, institute changes for improving efficiency, decreasing review times without sacrificing analysis, and improving overall customer service. :Improve Staff performance by providing more ongoing education opportunities, increased participation in "big-picture" issues, and more opportunity for leadership roles and responsibilities. Accomplish this goal by maintaining conference and training budget, and delegating work and responsibilities. Complete the/ffunicipal ~ervice Review project, have LAFCO adopt a new City of Ukiah Sphere of :Influence, participate in the discussions regarding tax and housing allocation sharing, and begin discussions about formal annexation policies. Purpose To effectively manage growth and development in the City and Valley and to maintain and enhance the local quality of life. To develop a diverse team approach to addressing community planning issues. To improve community awareness of local planning issues, procedures, and goals and objectives. To improve efficiency by increasing electronic information and reducing face-to-face encounters. To improve customer service To improve customer service and Staff productivity To establish and manage the big-picture, and to plan for the future growth, development, and conservation of the City. Time Frame Immediately and Ongoing Immediately and ongoing 2006-2008 2006-2007 2006-2007 2OO8 Accomplish this goal by producing necessary work products, attending regular meetings, and providing information to the Council. Make substantial progress on a Community Visioning Program and the development of a Form Based Zoning Code for the Downtown and Perkins Street corridor. Accomplish this goal by working with the Council and selecting a professional consulting firm to lead the effort. Aggressively engage the community. Receive direction regarding possible revisions to the City Sign Ordinance. Accomplish this goal by discussing alternative approaches with the Council. Complete the Recycling and D/version of Construcb'on Debr/$ Ordinance. Accomplish this goal by conducting roundtable discussions with community stakeholders and providing information and alternatives to the City Council. Revisit the Hillside Zoning Revision project with the City Council, discuss alternative approaches, and develop a work program. Accomplish this goal by conducting internal Staff meetings and scheduling a discussion with the Council. Begin an assessment of the General Plan and Zoning Ordinance and develop an update program, including preliminary funding and timeline. Accomplish this goal by conducting routine sound-boarding meetings with Staff. Begin an assessment of the Airport Master Plan update program, including preliminary funding and timeline. Accomplish this goal by conducting routine sound-boarding meetings with Staff. To create the tools necessary to ensure that the future development and redevelopment of the downtown and Perkins Street fulfill the community's vision. To determine if and how we want to modify the current sign regulations To ensure compliance with the Califomia Integrated Waster Management Act To determine if and how we want to revise our hillside zoning regulations To respond to growth pressures and changes in community dynamics since adoption of the 1995 General Plan. To determine if the Airport Master Plan needs to be updated to respond to development since 1996 adoption, growth issues, and community dynamics. 2006-2007 2006 2006 2006-2007 2008 2008 LONG TERM GOALS- COMMUNITY PLANNING DIVISION Goal Develop a regional planning focus along with our infill planning and development strategy. Complete the update to the General Plan, Zoning Code, and Airport Master Plan. Reorganize file storage, archive files, create planning library/resource center Purpose To better respond to community planning and quality of life issues. To respond to growth pressures and changes in community dynamics To purge unused or out dated materials and store all resoume material in one area. Time Frame 2006 and Ongoing 2010 2010 Improve public information about community planning and with the review of development projects. To ensure strong public participation in the decision making process about how we grow and develop. 2006 and Ongoing SHORT AND LONG TERM GOALS- BUILDING DIVISION GOAL Complete the hiring process of a second structural engineering consulting firm to assist with plan check and substitute building inspection services. Accomplish this task by working with the Council and awarding a contract to a highly qualified firm. Complete assessment of building permit review process, institute changes for improving efficiency, decreasing review times, and improving overall customer service. Accomplish this task by meeting and working with Staff and interested members of the development community. Complete revisions to permit and building information forms, and develop a communication and information feedback program with the development community. Accomplish this task by meeting and working with Staff and interested members of the development community. PURPOSE To provide certainty to the development community in terms of efficient and timely plan check services. To provide certainty to the development community in terms of efficient and timely plan check services. To provide a smooth and easy building permit application process and to include those affected by the process to help shape and evaluate permit review procedures. TIME FRAME 2O06 2006 and Ongoing 2006 and Ongoing SHORT AND LONG TERM GOALS- CODE COMPLIANCE GOAL PURPOSE TIME FRAME Provide rapid response and closure to code compliance issues. Accomplish this task by maintaining close communication with code compliance and supervising planning Staff. Develop an organized and comprehensive Code Compliance Program with an emphasis on face-to-face personal contact and education. Conduct discussion and receive direction from the City Council regarding code compliance priorities. Accomplish this task by providing a framework to the code compliance and supervising planning Staff and providing information and working with the Council. Eliminate health and safety issues in the community in an efficient and timely fashion. To be more effective and productive in eliminating code violations in the community. 2006 and Ongoing 2006 and Ongoing 1) ENGINEERING a) Staffing i) Public Works Department My number one goal is to aquire the staff that we need to accomplish the following goals. The recruitment for the two engineering positions will be closing February 23, 2006. Our goals for the coming years depend heavily on getting the staff that we expect. b) Development Senior Engineer's Responsibility i) Update SHN Contract - council in March ii) Subdivision at the End of Airport Park Blvd- To be recorded in April c) Capital Improvements · Assistant Engineer will do much of the design, inspection and contract administration for these projects i) Design STIP Projects - These projects schedules are at the mercy of the states funding changes. (1) Oak Manor, Babcock, and Gobbi Street Intersection -Design Summer 2006- Winter 2007 - Construction Summer 2007 (2) Rail Road Crossings - Ford, Clara, Perkins, Gobbi, Talmage, Commerce, Airport Rd, Plant Rd - Design consultant Summer 2006-Winter 2006/2007 Construction Summer 2007 (3) Gobbi and Orchard Traffic Signal - Design consultant Summer 2006-Winter 2006/2007 Construction Summer 2007 (4) ADA Curb Ramps phase 5 State at Empire/Ford Rd - Design in house Summer 2006-Winter 2006/2007 Construction Summer 2007 (5) Local Street Rehab - Design in house Summer 2006-Winter 2007 Construction Summer 2007 (6) Arterial/Collector Rehab - Design in house Summer 2006-Winter 2007 Construction Summer 2007 (7) ADA Curb Ramps phases 5 and 6 design and construct 40 ramps - Design consultant Spring 2006-Summer 2007 Construction Summer 2006 C:kDocuments and Settings\CHORSLEY.CITYU~y Documents\Goals PW 2006.doc Last printed 2/23/2006 8:32 AM ii) Orchard Ave Bridge (1) EDA Grant (2) Design to proceed upon completion of feasibility study for alternative alignment iii) Talmage Road Relinquishment iv) Talmage Road Left turn Lane v) Railroad Depot - design and rehab 8 locations desigldeonstruet Spring summer 2006 vi) Waugh Lane Bridge vii)Orr Creek (Orr Street) Bridge - Deck Replacement RFP for Designer in summer 2006 construction Summer 2006 viii) HES Traffic Signal Upgrade and Battery Backup (LED) - Complete construction by 9/30/06 ix) Storm water detention - conceptual design Spring 2006 d) Ordinance and Policy changes i) Circulation Study - council in March ii) Subdivision Ordinance - council in May iii) Capital Improvement Program- council in Fall 2006 iv) City Drainage Study- RFP for Designer in summer 2006 v) Fees Program - council in April vi) Sidewalks Program for New construction - update council and develop/review a formal policy - Winter of 2006/2007 vii) Sidewalk Program Damaged sidewalk Winter of 2006/2007 e) Study (Traffic Circulation Study Phase 3) Downtown streetscape State St (Henry to Mill) Main Street ( Smith to Mill) 2) STREETS a) Creek Maintenance Policy - request direction from council in Fall 2006 b) Overlay and grind outs portions of streets Summer 2006 i) Overlays (1) Banker (2) Yokayo Ct (3) West Church St -2-- C:kDoeuments and Settings\CHORSLEY.CITYUIx%My Documents\Goals PW 2006.doc Last printed 2/23/20tRi 8:32 AM 3) 4) (4) East Smith ii) Grind and pave (1) Cherry St south west comer (2) Peach St 200x20 (3) Leslie St 100x20 and 50x50 (4) Standley St from School to Oak (5) Cypress St west of Pine 200x30 (6) Gobbi at Main St (7) Dora Street several locations c) Implement Storm Water Management Plan- Begins Summer 2006 d) Yokayo School Storm Drain- Remove Pipe - Restore Drainage Channel - Summer 2006 GARAGE AND CORP YARD a) UST Remediation - On Going b) Space Plan - Design Winter of 2006/2007 c) CNG Permanent Station - Design Winter of 2006/2007 LANDFILL a) Closure time line that we will keep to. Plan to construct in Spring 2007 TRANSFER STATION MISCELLANEOUS a) Release control of GIS system b) Airport Improvement Project - Construction Summer 2006 -3- C:~ocuments and Settings\CHORSLEY.CITYUKLMy Documents\Goals PW 2006.doc Last printed 2/23/2006 8:32 AM PROCLAMATION WHEREAS, American women of every race, class, and ethnic background have made historic contributions to the growth and strength of our Nation in countless recorded and unrecorded ways; and WHEREAS, American women have played and continue to play a critical economic, cultural, and social role in every sphere of the life of our Nation by constituting a significant portion of the labor force working inside and outside of the home; and WHEREAS, American women have played a unique role throughout history by providing the majority of the volunteer labor force of our Nation; and WHEREAS, American women were particularly important in the establishment of early charitable, philanthropic, and cultural institutions in our Nation; and WHEREAS, American women of every race, class, and ethnic background served as early leaders in the forefront of every major progressix)e social change movement; and WHEREAS, American women have been leaders, not only in securing their own rights of suffrage and equal opportunity, but also in the abolitionist movement, the emancipation movement, the industrial labor movement, the civil rights movement, and other movements, especially the peace movement, which create a more fair and just society for all; NOW, THEREFORE, I, Mark Ashiku, Mayor of the City of Ukiah, on behalf of my fellow City Councilmembers, Phil Baldwin, Mari Rodin, John McCowen, and Douglas Crane proclaim the month of March 2006 as NATIONAL WOMEN'S HISTORY MONTH IN THE CITY OF UKIAH March 1, 2006 Mark Ashiku, Mayor 4a CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting Minutes CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 December 21,2005 4:30 p.m. Closed Session: CONFERENCE WITH LEGAL COUN~=~,~' '~'~?iiii~;~'~===EXlSTING LITIGATION~ (Government Code Section 54956.9(a).)6:08:15 P:~i!i!i?:: ..... a r ' Name of case: In re' petition of City of Ukiah to amend pp Q ~.~,water rights permit, State Water Resources Control Board ~:~:ii~,~:iiiii!!iiiiiiii? .......... :'~ii!ii!?~ ili~ii,,i~ Closed Session was cancelled regarding this item ..... ::=~::.~.~ '~=~=.~::,==: Present: Councilmembers Crane, UcCowen, R:~i~ii~aldwin (arrived at 6:09i':~i~M), and Mayor Ash iku. '::::::~:':: .... Staff Present: City Manager Horsley, Electrical':::'~i~utioBi~iii~ii~eer Kirkley, Fi:~i~gce Director McCann, Deputy Public Works Director Seanor, Publi~::~~i~ctor Steele, Police Captain Taylor, Police Chief Williams, Public Utilities Ziemiane~~City 2. PLEDGE OF ALLEI Councilmember Rodin led the Pledge . None. . None INTRODUCTION APPROVAE~iiiii~iiMINUTES iiiiii ilil 5. RI Mayo~ Clerk Ulvila. Decision statement. M/S Cr a !g Calendar items "a" through "g" as follows: Approval 6fi';i~,~isbursements fS~i~Month of November 2005 a. Approve~iii'~i~i~bursementS~m Month of November 2005; b. Rejected cl~ii~i?,~¢r'" ~; """""Da.~i~s Received from Uarianna DeVote and Referred to Joint Powers Authority, Red :::,~::~ii:~e Municipal Insurance Fund; c. Awarded Bid to E?i~.ii..~Ytis and Sons Fire Equipment in the Amount of $26,711.26 for the Purchase of Repla~:'ment Large Diameter Fire Hose; d. Authorized Sole Source Procurement of Police Transcription Services from Perfection Plus Transcription, not to Exceed $20,000; e. Accepted Work as Complete for the Brush Street Water Main Replacement Project, Specification No. W-01-05 and Authorized the Filing of the Notice of Completion with the County Recorder; f. Awarded Bid to 101 Truck & RV for the Purchase of an Econoline DP 1224DA 12-Ton Dual Tandem Equipment Trailer for the Parks Division in the Amount of $9,535.61 and Approved Budget Amendment; g. Awarded Purchase of Automated Valve Exercising Equipment to Pacific Tek in the Amount of $39,945 Plus Sales Tax. Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS6:!0:2] PM Martin Bradley explained that the labyrinth at Observatory Park was unveiled today. He presented a slide show that depicted the process in which the labyrinth was const[:=~¢ted and commended the community on its involvement with its construction. He distributed,~i~ii~tter from "Kitab Latitude Station" in the Ukraine in which they indicate that they have the~,~i~i~cial means to send three members of their center to the United States and would like to,~:~i!~kiah's International Latitude Station and participate in a joint working relationship .... 8. UNFINISHED BUSINESS 8a. Presentation of Capital Improvement Pro Works and Police Departments (Continued City Manager Horsley advised that on Decemb~ departments the opportunity to present their Capii Replacement Lists to the City Council. This Lists for Public was held 4de various (CIP) a~8 Equipment ues that discussion to allow the Public Works and Police Departments t~,~,Qpportunity to their Capital Improvement Projects and Equipment Replacement Lists. Public Works Director Steele reviewed':~?:ii!cIP'~:'i~~ii~.,blic ~~~:~:~'~:~ ':'~"~'~'~'~:'"" ~":~" Department, as contained in the Staff Repo~ to Council, io¢uding fun~:sour~~eSp~d to questioning by the City Deputy PubliCwillia~~dvisedWOr~i~'~ctor S~rt~?: discu~:~the CIP for the Engineering Divisions. , Police Chief ~ Bolice ~~ment provided a list of the Depa~ment s equipment that is essen~[~g.~ ~He~bussed replacement costs and reviewed the current veb~i~~?~b~t th~~ ~ent mai'~:={~¥~? A brie~~ssion fo'l:~:'~~con'~~=g the CIP and equipment lists, as well as the amount of money nee~ ~o repair the Cit~[~rast~;[:e, mainly the City's streets. 9. NEW:'~ !N ESS Da. Present a. and Discu~i~n of Proposed Count~ide Business Improvement District for the Lod~i~adustrv ~~ossible Adoption of Associated Resolution of Consent ~~ger Ho~i~~lained that several years ago, a proposal for a lodging Business Improvement District (~¥~) was discussed. At that time there were problems and concerns that were voiced. A few weeks ago the group contacted her and requested permission to make a presentation to the City Council regarding the new plan and how it would work in the City of Ukiah. She noted that some Ukiah hotel owners have contacted her regarding their concerns about the BID. She recommended the City Council consider the presentation and audience comments, and determine if more information is needed by the Council before making a decision on the maker. She noted that a possible su~ey of hotel owners may reveal their opinions about a BID within the City. Mr. Stuart Marcus, 6:44:1 $ PM a director on the Mendocino County Lodging Association (MCLA) and co-chairman of the Mendocino County Alliance (MCA), discussed his involvement with the MCLA and 2 MCA. The current proposal could generate up to $845,000 for promotion for the entire County. Ms. Penny Greenwood, stated that the BID would involve a self-assessment of 1% (not a tax) by the lodging business community and those funds would be used to promote tourism to benefit the lodging community. The BID will be created by a County ordinance and be under the jurisdiction of the Board of Supervisors. The MCLA is looking at the entire County as a business improvement area and to promote the whole County. Ms. Jo Bradley, president of the Mendocino County Lodging Associ~t~i~MCLA), explained how a Countywide promotion would benefit everyone. She noted that .~ii~ry dollar that the lodging industry assesses itself, the County has agreed to contribute 5~'~i?~ ~ Councilmember McCowen expressed his desire that t~e:':~i?'?'~i~::~ W'~i,?~:~,[~present all members equally in that no one will be promoted more than ~ii',~else. He e~::d that the Board of Supervisors has committed to providing $800,000 ~ funds derived f~ ~he BID, or BID plus the $300,000 that the Mendocino County Allianc~ receive~:.I ~iii?~i?~ i Upon an inquiry by Councilmember Crane, Mr. member of ~i~~ Mendocino County Board of Supervisors, explained that the Meni Tax Collector would collect the money from the lodging industry throug~:~:,~[be normal 'ocess and distribute it to MCLA and MCA. He noted that the Board of Sup~~,,~::~upported i[oposal by a unanimous vote. Ken Patel, owner of the Best Western ~:ai:~ii!i!i ~Jnn, ~ :his support for the proposal, noting that after one year if it is determined:'"~t the a 9~ pr~s is not working; the City can withdraw from participatin D. ~:!!i ii :~:iii:~. ....... ::~:~i!ii~iiiiiiiiiii?!!''~ ........... '::~iiiiii!!iii!ii ' Deborah Watson, c~ In~iii~d Comfort Inn in Ukiah, stated that as a member of the Board of Ukiah C~!~ber of Commerce, the Chamber has asked her to express their sup citY'~ii~OT from 8% to 10%. She expressed concern that the BID proposal :::~iiii~he inland areas of the County and to Ukiah. Mark matter to allow time for the lodging industry in Ukiah to review the prop make to the City Council. ::::::::::::::::::::::::::::::::::::::::::: ::iii: ::~i ~::iii~::i:~i::i:~i::i:: i::iii:i~::!ii::~ City M er Horsley ad~i~ed that':~"::'~: could meet with members of the MCLA to gather further informati:~i~.ncerning the ~osal. ' .... Considerable ::'~::~i~ssion f~~d with regard to the possibility of the City increasing its TOT to provide funds f~i~ii~U,ris~iiii~!i!i~e City of Ukiah, whether the BID would berepresentative of the County's as a wh°i:~iiii ~r to delay a decision on the matter until further information could be gathered, research to:~'~i~"':::~if it is legally permissible to have each political jurisdiction vote, whether to implement increasing the TOT before the City implements the BID, and how a TOT tax is used by some jurisdiction to generate General Fund revenue. Mayor Ashiku summarized that there appears to be a general consensus of the City Council to allow the parties more time to review this information. The City Council will consider that information at a future meeting and make a decision. All of the Councilmembers concurred. Public Utilities Director Ziemianek suggested that items "9e, 9d, and 8b" be considered next. 9e. Presentation and Discussion Regarding Request of Additional Commercial Funds for DFM Car Stereo/Home Audio Video Photovoltaic Solar Electric Generating FacilityT:$7:48 Electrical Engineer Kirkley advised that Mr. Brian Brodoski, owner of DFM Car Stereo/Home Audio Video, is requesting use of additional Public Benefit Funds from the City's Photovoltaic Buy Down Program for a proposed solar project at his place of business. Mr. Brodoski has currently received an estimate for this project of $180,000. The current policy budgets $100,000 per fiscal year for commercial rebates and $18,000 per fiscal year for residential rebates. A commercial rebate has a limit of $25,000 per installation. For the current fiscal year, there is $94,6~4 available for commercial rebates. In the previous four years, none of the funds were used so th~?~is an additional $400,000 available from the previous years. She has received several infor~,~i ~uests for residential solar installations and noted the customers have expressed concern,,~i~[e may not be enough funds available at this time and therefore have requested to be pi !!',i~d':'~':':~ ~aiting list. Mr. Brodoski is requesting a $70,000 solar rebate for his project and is will[8¢~ii~'?'~llow t~!,!~lic to tour his facility in order to promote solar installations in the community. Mr. Brian Brodoski, owner of DFM Car Stereo/~~?~?~udio Video, provided~ii~i~ief P_o,,w, er Point presentation of the Home Audio Video and Pro ~i:" a promotional vehicle for ~i~i~":~"!!i~een Ukiah. Considerable discussion followed regarding Mr. B~~i!i~iii~!~Uest- for a rebate for his three commercial businesses, the Public Ben~ Fund and s~ii~te allocations for commercial uses, and the amount of electricity the p enerate f0""~ii~ii~,:,,,~City. Consideration was also given as to whether to continue with a move t~ ~ installation of energy efficient materials, such as windows. A to re' the most economical ways to try to reduce peak Icad on the City. M/S McCowen/Crane ?~,~!iii:~ the ~idy for this application. Discussion followedlii~i regard to t~i~ayback'~'~d possibly being quicker than 10 years due to the escalation of en~i~Osts, re~~::~,~::~.e entir~!~icy and making funds available to residential applicants that are inte ,~, ~i~i~ii~~i!~y~9~.~..~eloping a means of testing the program as it relates to t h e:~'~::~::~i~h t"'"'~'~'" '~' --" ""'"'""'"~'"" to Elecl rkley explained that there's nothing that would prevent Mr. Brod~i':from installing nd~vt~! solar systems for three meters and be granted $25,000 for Councilm~:~[ Rodin reqUeSted Councilmember McCowen reconsider granting Mr. Brodoski the full request w:i'~i~e clarific that the applicant has three meters in which he could, under the current policy, a~i~,;?~¢r ~,~i~"9 for three separate installations without coming before Council for Councilmember McCowen stated that the applicant most likely would not apply for three separate installations because it would increase his costs. It was his opinion that the payback will be quicker than expected for the current proposal. He supported doubling the normal allowance for a commercial installation and the other part of the motion is for the City to revisit this policy, not only in terms of solar but other energy conservation measures. Councilmember Rodin requested an addition to the motion that the City check that Mr. Brodoski is in compliance with the Sign Ordinance. Councilmember McCowen responded by stating that City staff can check for compliance without it being part of the motion. Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, and Mayor Ashiku. NOES' Councilmember Baldwin. ABSTAIN: None. ABSENT: None. 9d. Authorizing the City Manager to Negotiate and Enter into a Professional Consulting Services Agreement with Brown and Caldwell to Conduct a G[~ndwater Well Siting Study in an Amount of $89,5288:54:06 PM After a brief discussion concerning the matter, it was the consens~ the matter to a date set by City staff. It was noted that the Close of related issues. 8b. Discussion and Direction Continued from December 77 2005) It was the consensus of the City Council to 9c. Authorization by the Ukiah City Council to I of the Lake Mendocino Hydro Restart Pro General Services Account with Ni M/S McCowen/Crane authorizing the er, in coo to transfer the Phase 1 funds to the City Council to continue )n item would inform Council Bonsiqnore matter to a date sef:~i?~ity staff. er to Proceed with Phase $650,000 to the City's Phase 1 WorkS:S0:53 PM with the Public Utilities Director, :rvice Ad~9,~ at NCPA for an amount not to exceed $650,000 and to proceed with th~ii!i~ by the following roll call vote: AYES: Councilmemb~rsCrane, McC n, a'~Mayor Ashiku. NOES: None. 9f. Presentation andi~i~'Ussion rding {~ity of Ukiah's Electricity Purchase Costs ~uu~3~ ~lities Oire~ii!ii~iemi i~~,O tha~ii~ctricity purchase costs for the City of Ukiah have been on.the incre~i~i~'~i~i~i~i~i~y::j~ cost Western Area Power Agency (WAPA) contract i~i ~i~Q:05. ~ ~ssed issu'~'~':"~'~ining to the long-range plans regarding various alterna~;:i~:"~'*'~:~i~'~::i~i~i!~,utur~iii!i~e swings and to maintain control on power costs. He provided a Powe~i~'J~t present~ili~at ~'~ i~[eviously been given to Council in September at the Electric Don Da~?~i ~presenting th:~i!~orthern California Power Agency (NCPA), discussed natural gas pricing. :'::~::"?;. :: ~,~.~.~.~.,~.~.,~,~,~,~,~. Director Ziemia~i~lseii~j~ssed the ISO, and Northern California Power Agency (NCPA)loads, natural gas pricing ~ii ge, and the City s contract with Calpine, which recently filed bankruptcy. 9b. Authorization of the City Manager to Negotiate and Enter into an Agreement for Financing the Development Activities for Purchase of Resource 500 Proiect9:26:4d PM Public Utilities Director Ziemianek advised that the Central Valley Project Corporation (the "CVP") may have the opportunity to purchase a 500 MW gas-fired power plant in Northern California, together with related facilities and equipment, commonly referred to as the Resource 500 Project (the "Project"). Before purchasing such a plant, a "Participant Review" must be made to assure that the plant meets or exceeds the recorded specifications. Since Ukiah is in need of fixed replacement power upon the loss of the WAPA contract in January 2005, it is in the City's best interest to be a part of the potential plant purchase. Total funds to accomplish the Participation Review are currently set at $1,575,000. Each participant will agree to pay or advance to CVP $3,000 per megawatt (MW) of requested participation in the project. He recommended the City Council authorize the City Manager to enter into a contract with CVP Corp. for the services outlined in the Resource 500 Development Agreement. Don Dame, NCPA representative, discussed Resource 500, the cost per kilowatt hour, and what it would mean to the City. .:.~:~:~:~ M/S Crane/Rodin authorizing the City Manager to enter into::~iiiii~elopment Agreement for Resource 500 between the Central Valley Project Corporation a~~iiiCity in an amount of $21,000 and not to exceed $26,250 for seven megawatts of power. Councilmember McCowen inquired about increasing .~ii~urchase to ~iiiii~Bawatts. Director Ziemianek recommended the City incre~ should be given that there are 2 megawatts There are also some issues that this first shot at things and the City may have to wait for the second rchase to 10, mega ~ Consideration Ipine that we::don t know w:~i~i :~i8~ happening. may~:~i~'me to fruition b~i~Use of other City Manager Horsley noted that anO~~sideration the possibility of annexations. Councilmember Crane and Councilme:~?~'~"R~~::~me::'~?~i~odifying~'~"'~' :~ :~" ~' '"" :'~'~'~" the motion to change Motion carried by the .: ?~i~iiiiiii~i!ii~all vote?i! '~:i' CounC:i'~i":~:'mbers Crane, McCowen, Rodin, Baldwin, and Mayor ~'. NOE~one. A~ IN: None. ABSENT: None. Director Ziemiane;;?~;~ed:~'~:: ':::~ tha~~[[~~:':; is hi~?~'~'~: day with the City and commended the City Council and staff on th~::i~:~ ~~~[~,:~;~::staff, engineers and mechanics at NCPA for their assis~a~~:~the h ::~tric plan'~?~?~?;~?~ ~ ? Cou~~:'~bers c~:~~nte~~¢tor Ziemianek on his hard work and accomplishments during his 9g,AdoPfl~:,:::of ResolutiS~:Approving Memorandum of Understanding for Employee Bar~ai~i~Unit- DaDa ant Head Unit] 0:02:02 PM This item will 8~sidered~?,~ r Council meets in Closed Session. J0:02:20 P~ AdjoU~¢~?~it'":~'~*;~:~:" :~:~ *~:~: as the Ukiah Redevelopment Agency, ]0:05:15 P~ Reconv~~ as City Council. 10. COUNCIL REPORTS Councilmember Rodin reported attending a Library Board meeting in which endowment funds for various libraries was discussed. There will be a library bond on the June ballot to fund 60% of the cost for a new library in Ukiah. Yesterday she went on a "ride-along" with Ukiah Firefighters and they responded to four medical calls. She enjoyed the experience of seeing the firefighters in action. She reported that she attended the dedication of the Observatory labyrinth today and thought it was something that could put Ukiah on the map. The labyrinth project was a cooperative effort of Ukiah High School students, artists, and the City of Ukiah. The Ukiah project will be completed in the spring with landscaping and she recommended planning a dedication ceremony. She attended a meeting of the Greater Ukiah Chamber of Commerce. The Ukiah Valley Smart Growth Coalition had reached out to the Chamber with regard to participating in the planning of forums regarding a vision for the Ukiah Valley and what growth should !~:~:~k like in the Ukiah Valley. 11. CITY MANAGER/CITY CLERK REPORTS ! 0:! 2:40 P!V[ City Manager Horsley advised that no meeting is planned foriii~ii~ary 4, 2006 because of the holidays. City Clerk Ulvila reported that she attended a City of Californ:i::~ ~ew Law and Election Seminar in Monterey from December 6-9th and repo~w laws and re~tions that will affect the City beginning in January 2006. Of particuh are the regulati~:~,!COncerning ethic training for City Councilmembers and other mmission miembers. Eac~:'~!i!~:,mber will be mandated to participate in ethics training beforereported tha~';""~'e is working with the Clerk of the Board of Supervisors regarding' for City and County officials. Adjourned to Closed Session' 10:1 ,~,,~==~M,::~,=,~,=:,~== ...... ..... a. ~~ons: Department H~:~.and ii~its Reconvened: 10:34.~i~i;:ii~:i~'i''~:::::: ........ '~i~!i~ i i!ii iiii:~ 9g. Adoption of R ~tion ~i.n~ Me~ndum of Understandin.q for Employee ~/S ~CO, 8odin ad~ ~::~:~arrieO ':~~::~?~Owin~ roll call vote: AY[S' Councilmembers Crane, ~ ~?~~, e~i~9:~, and Mayor A~hiku. NOES' None. ABSTAIN' None. ABSENT: Thom b~;:~no fu~her busi~, the ~eotin~ was adjourned at 10:35 PM CITY OF UKIAH CITY COUNCIL AGENDA 4b JOINT MEETING WITH UKIAH VALLEY SANITATION DISTRICT CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 January 9, 2006 · ROLL CALL-UKIAH CITY COUNCIL12:15:~2 PM Councilmembers Present: Crane, McCowen, Rodin, and May~i~jku Councilmember Absent: Baldwin .... Staff Present: Accounting Operations Manager Halvorsen, .Ci:~anag~i~ ~[sley, Finance Director McCann, City Attorney Rapport, and City Clerk Ulvila 2. ROLL CALL- UKIAH VALLEY SANITATION '~:~""i!~'?~' .... Board of Directors Present: Crane, Delbar. County Staff Present: Tony Shaw, County Zotter, Chief Deputy County Counsel; and Ms. Kristi Furman, Clerk of the Board 3. PUBLIC HEARING]2:]5:36 PM ~?~iiii~i?:',~i~i!~'.?~;~:~:~:,, A. Adoption Of Ordinance For Sew;i f~tion Fee In :t~!~,' ".~.~t~: .......... Urqency Basis And Approve Asso~te'~ Mayor Ashlku provided ~ntroductory .,~ ~,Aa~~[~..~::a~bre of the urgency ordinance ' ' ' remar~:~::p= before the City Council (~9~:~1) and Uki~ ......... ~:" Sa'~ ?~istrict (District) as pa~ of the wastewater treatment pla~f~ e project. ::~:~?:~:: Background: As '~ ........................ sewe~atment plant?:~'~:~gr~de project, the City of Ukiah and the District asked BaSle Wells .................... to update ~ ~ection fees for the sewer system. The construction contract has y preparing the revenue bond issue that will fund the. ....... . the actual project costs. Currently, the City and Distr fee structures from the last connection fee update in 2004 when t~e~.~:Sewer treatm~ ,nt in the planning and design stages. ....... On May i~'~:~72~05, BWA pre~~: d a ~kshop to a joint session of the City Council and District with their analy~ ~t~the City and'~;~trict S wastewater utility rates and the changes needed to suppo~ bond financin~;~'~:~?~he waste~ter treatment plant upgrades. Changes to connection fees were discussed in or~ ~e~:~. provid~?~funding for the ~apacity expansion potion of the project. BWA consultants also ad~:~?~ity that the District s sliding scale connection fee is not appropriate to take to the bond mark~ ~aff is requesting approval of the connexion fees ordinance as presented. Public Hearing Opened: 12:12 PM No one came fo~ard. Public Hearing Closed: 12:12 PM M/S Crane/McCowen adopting Ordinance by title only. Mr. Doug Dove and Ms. Tatiana Olea, Bartle Wells Associates, responded to Council and District inquiries and described the reason for the rate adjustments. Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, and Mayor Ashiku. NOES: None. ABSENT: Councilmember Baldwin. ABSTAIN: None. City Clerk Ulvila read the title of the Ordinance; An Urgency Ordinance of the City Council of the City of Ukiah amending Section 3731A of the Ukiah City Code". M/S Rodin/McCowen adopting Ordinance No. 1075; carried by the foll.9~ing roll call vote' AYES: Councilmembers Crane, McCowen, Rodin, and Mayor Ashiku.:~,~i~NO~ES: None. ABSENT: Councilmember Baldwin. ABSTAIN' None .... Wattenburger/Crane making urgency findings, as state?~ii!~ndii!i?~ii~educing~:~'~::~ ¥:": ::~?~':~::'~" and adopting an M/S Ordinance Amending Section 1 of Ordinance No. 23 Pert~i6J~ to S~:~iiii~onnection Fees, and authorizing the Chairman to sign same; carried by the,,~,,~,, wi~hg roll c~¥1i!il : AYES: Director Wattenburger, Crane, and Chairman Delbar. NOES: ~,,~::e. ~'~SENT: Non~:~?~:~;~BSTAIN: None. 4. Adoption Of Resolution Of The City Council~:~:~ City ~pkiah Author~;~i~?~°cuments And Actions Related To Financin~ Of Wastewa~~st~:.~provements ::~i~29:21 PM Mr. Chick Adams, Bond Counsel; Mr. Doug Dove and ~~{iana Olea, Baale ~ells Associates; addressed the Council and District peaai~jng to the bond isS~g~ schedule and length of issuance, and responded to various questions pea~!Dg3o the paybac~=~dule and related ma~ers. M/S Crane/McCowen adopting Resolutio6~?~0~~~orizing d~~nts and actions relating to financing of wastewater system improvemen~:~::AyE"~ D~].::~e:~ers Crane, UcCowen, Rodin, and Mayor Ashiku. NOES: NoDe. ABSENT: C~.i~ncil~em6~:~i~in. ABSTAIN: None. M/S Wa.enburger/C~?;~'~;;~:~~resolution ;:~borizing th;execution cfa financing agreement with the City of Ukia~~::~author~:'~g the Chairm~to.sign same; carried by the following roll cai vote: AYES: DirectOr W~ burge~ ~rane, and Cb ~an Delbar. NOES: None. ABSENT: None. A. ::~houncemen1 B~ s N o ne:?~ 6. ADJOURNMENT There being n'~her busineSS, the meeting was adjourned at ]2:37:] ] P~. Marie Ulvila, City Cler~?~ :? MEMO Agenda Item: 4c TO: FROM: Honorable Mayor and City Councilmembers City Clerk Marie Ulvila ~ ~ SUBJECT: City Council Meeting Minutes: January 18, 2006 DATE: February 23, 2006 Every attempt will be made to forward the Draft Minutes of the Regular Meeting of the City Council meeting held on January 18, 2006 to the City Council for review no later than Tuesday, February 28, 2006. Memos: CC-delay of minutes ITEM NO. 6. a MEETING DATE: March 1,2006 AGENDA SUMMARY REPORT SUBJECT: REJECTION OF CLAIM FOR DAMAGES RECEIVED FROM CARRIE BRIGHAM AND REFERRAL OF CLAIM TO THE JOINT POWERS AUTHORITY, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND A claim from Carrie Brigham was received by the City of Ukiah on January 10, 2006 alleging injury resulting from a sunken sidewalk at 350 North Spring Street on December 5, 2005. Pursuant to City policy, it is recommended the City Council reject these claims as stated and refer them to the Redwood Empire Municipal Insurance Fund (REMIF). RECOMMENDED ACTION: Reject claim for damages received from Carrie Brigham and refer to the Joint Powers Authority, Redwood Empire Municipal Insurance Fund. ALTERNATIVE COUNCIL POLICY OPTIONS: Alternative action not advised by the City's Risk Manager. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Yes Claimant Sue Goodrick, Risk Manager/Budget Officer Candace Horsley, City Manager 1. Claim from Carrie Brigham, pages 1-3. APPROVED: ,m Canda-'-ce Hc~r~ley, City Mana~~kr File With: City Clerk's Office City of Ukiah 300 Seminary Ave Ukiah, CA 95482 CLAIM FOR MONEY OR DAMAGES AGAINST THE CITY OF UKIAH RESERVE FOR FILING STAMP CITY' OF UKIAH CITY CLERK'S DEFARTMENT A claim must be presented, as prescribed by the Government Code of the State of California, by the claimant or a person acting on his/her behalf and shall show the following' If additional space is needed to provide your information, please attach sheets, identifying the paragraph(s) being answered. 1. Name and address of the Claimant: Name of Claimant: Carrie L. Brigham Address' 350 North gpr~_ng Ukiah, CA 95482 . Address to which the person presenting the claim desires notices to be sent: Name of Addressee: Thomas S. Brigham Telephone: (707) Address: 441 North State Street Ukiah, CA 95482 462-9292 The date, place and other circumstances of the occurrence or transaction which gave rise to the claim asserted. Date of OccurrenCe: December 5, 2005 Time of Occurrence: 3: 00p. m.,: Location' 350 NorthRpr!ng .q~r~¢_~ Circumstances giving rise to this claim: Claimant was cleaning her driveway and yard of leaves when she stepped on the edge of the point "between her driveway and the City's sidewa-~ ainu £u~-~u l,~ ~,,~ ~,,~ ~uu~ causing ~ ~~ .... ,..,-¢ 'b,....,.. =~1~ =n~ foot Th~ C~tv's sidewalk had sunk, due to poor construction and maintenance, several inches below the driveway. . General description of the indebtedness, obligation, injury, damage or loss incurred so far as it may be known at the time of the presentation of the claim. S~v~r~ fracture of foot and~ankle causing medical expense, pain, suffering, emotional distress and future disability. . The name or names of the public employee or employees causing the injury, damage, or loss, if known. Unknown Page 1 of 3 , If amount claimed totals less than $10,000: The amount claimed, if it totals less than ten thousand dollars ($10,000) as of the date of presentation of the claim, including the estimated amount of any prospective injury, damage, or loss, insofar as it may be known at the time of the presentation of the claim, together with the basis of computation of the amount claimed. Amount Claimed and basis for computation: If amount claimed exceeds $10,000: If the amount claimed exceeds ten thousand dollars ($10,000), no dollar amount shall be included in the claim. However, it shall indicate whether the claim would be a limited civil case. A limited civil case is one where the recovery sought, exclusive of attorney fees, interest and court costs does not exceed $25,000. An unlimited civil case is one in which the recovery sought is more than $25,000. (See CCP § 86.) ~ Limited Civil Case [-~ Unlimited Civil Case IYou are required to provide the information requested above in order to comply with Government Cod~ 9910. · 7. Claimant(s) Social Security Number(s): (optional) Claimant(s) Date(s) of Birth' 9/28/57 Name, address and telephone number of any witnesses to the occurrence or transaction which gave rise to the claim asserted: Other than claimant, unknown at this time 10. If the claim involves medical treatment for a claimed injury, please provide the name, address and telephone number of any doctors or hospitals providing treatment: Ukiah Valley Medical Center, Dr. Thomas Kilkenney 11. If applicable, please attach any medical bills or reports or similar documents supporting your claim. If the claim relates to an automobile accident: Claimant(s) Auto Ins. Co.: Telephone: Address: Insurance Policy No.: Insurance Broker/Agent: Telephone: Address: Claimant's Veh. Lic. No.: Vehicle Make/Year: Claimant's Drivers Lic. No.: Expiration: If appficable, please attach any repair biffs, estimates or similar documents supporting your claim. ',. Page 2 of 3 ' READ CAREFULLY For ~11 accident claims, place on the following diagram the name City of Ukiah vehicle; location of City of Ukiah vehicle at time of of ~;treets, including North, East, South, and West; indicate place accident by "A-I" and location of yourself or your vehicle at the of accident by "X" and by showing house numbers or distances to time of the accident by "B-I" and the point of impact by "X." street corners. If City of Ukiah vehicle was involved, designate by letter "A" location of City of Ukiah vehicle when you first saw it, NOTE: If diagrams below do not fit the situation, attach hereto a and by "B" location of yourself or your vehicle when you first saw proper diagram signed by claimant. CURB '1' SIDEWALK PARKWAY SIDEWALK CURB----4. Warning: Presentation of a false claim is a felony (Penal Code 8372). Pursuant to California Civil Prodecures §1038, the City/Agency may seek to recover all costs of defense in the event an action is filed which is later determined not to have been brought in good faith and with reasonable cause. Signature: Date: Page 3 of 3 ITEM NO. 6.b DATE: March 1,2006 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION APPROVING RECORDS DESTRUCTION The City Clerk's Department has reviewed Records Destruction Notices encompassing 9 boxes and identified these record boxes as ready for destruction. The City's Records Retention Schedule was adopted by City Council in 1999. The City Attorney has reviewed the Records Destruction Notices for each archival box and has approved those boxes designated for destruction. Funds have been allocated in the City Clerk's budget for shredding of documents. RECOMMENDED ACTION: Adoption of Resolution Authorizing Destruction of Certain Records ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Marie Ulvila, City Clerk ~ ~ City Manager Candace Horsley and City Attorney David Rapport 1. Resolution with attachment authorizing the destruction of certain records APPROVED:' ~::~"l....,~:v'~ .... ~._._ Candace Horsley, City M~ager RESOLUTION NO. 2006- ATI'ACHMENT_.~_. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS WHEREAS, the City Clerk's Department and the City Attorney have reviewed and approved the list of records provided by the City Clerk's Department that are ready for destruction; and WHEREAS, the attached list of City records represents records which are no longer necessary and may at this time be destroyed. NOW, THEREFORE, BE IT RESOLVED, that the Ukiah City Council hereby approves the destruction of certain records, contained in Exhibit A of this Resolution, and authorizes the City Clerk to destroy the records. PASSED AND ADOPTED this 1 st day of March, 2006, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Mark Ashiku, Mayor Marie Ulvila, City Clerk Resolution 2006- Page 1 of 1 RECORDS DESTRUCTION NOTICE FOR CITY OF UKIAH 'Date: February 2, 1006 Department: City Clerk Records Coordinator: I Marie Ulvila, City Clerk Current retention schedules show that the records listed are now ready for destruction. Instructions: 1. Review this listing. 2. Obtain Department Head's Signature. 3. Return this notice, signed, no later than February 15~ 2006 to City Clerk. Thank you for your cooperation in keeping our records management system working smoothly and legally. Marie Ulvila, City Clerk LOCATION BOX RECORD TITLE DATES RETENTION COMMENTS DATES 262 1580 Bids 1994-2003 2005 618 1838 Bids 1987-1994 1998 619 1839 Bids 1995-1995 1999 620 1840 Bids 1994-1995 1999 , , 750 2020 Bids 1997 2002 870 2346 Bids 2001-2002 2003 943 2419 Bids 7/00-6/01 2003 1082 2558 Bids 7/02-6/03 2005 1200 1572 Election/Cam paign/FPPC 1982-1988 1995 Signatures Authorizing Destruction Department He.ad . City Clerk Date: Date: Date: ~' - ~ "~=> Destroyed By Date: Reports: Destroy-City Clerk 2006 AGENDA SUMMARY ITEM NO. 6.c DATE: March 1,2006 REPORT SUBJECT: APPROVAL OF "DESIGNATION OF APPLICANT'S AGENT" RESOLUTION AND PROJECT APPLICATION FOR FEDERAL ASSISTANCE TO OBTAIN FEDERAL AND STATE FINANCIAL ASSISTANCE RELATED TO 2006 WINTER STORMS LOCAL EMERGENCY BACKGROUND: On December 30, 2005, the City Manager acting as the Director of Emergency Services prepared a proclamation declaring a local emergency due to excessive rain, flooding and storm conditions. The City Council ratified that action at a Special Meeting held on January 5, 2006. The Governor declared a state of emergency in Mendocino County on January 3, 2006 and a Presidential declaration was made on February 3, 2006. On February 15, 2006, City staff participated in a Public Assistance Program briefing and filed an initial Request for Public Assistance form. To proceed with obtaining federal and state financial assistance, the City must now complete and execute two documents. First, the City Council must approve a "Designation of Applicant's Agent" resolution (Attachment 1) which authorizes an application requesting federal and state financial assistance and identifies the city agents authorized to provide the State Office of Emergency Services (OES) with any assistance and/or documents necessary to obtain the state disaster assistance. Secondly, a city official must sign a Project Application for Federal Assistance (FEMA) to obtain federal assistance. Once these two documents are executed, FEMA and OES will schedule a "kick off" meeting with City staff to access damages, review data collected, and begin the process of preparing the necessary claim forms. Staff recommends the City Council approve the Designation of Applicant's Agent resolution and authorize the Mayor to sign the Project Application for Federal Assistance. RECOMMENDED ACTION: City Council approve Designation of Applicant's Agent Resolution and authorize the Mayor to sign the Project Application for Federal Assistance requesting federal and/or state financial assistance related to local emergency due to excessive rain, flooding and storm conditions which occurred December 2005 through January 2006. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Sue Goodrick, Risk Manager/Budget Officer Candace Horsley, City Manager 1 - Designation of Applicant's Agent Resolution 2 - Project Application for Federal Assistance Candace Horsle¥, City IV~ nager St~. of Cdif~rn~ OFFICE OF EMERGENCY SERvICEs P.A. No.:. DESIGNATION OF APPLICANT'S AGENT RESOLUTION ATTACHMENT l _ DR-1628-CA .. · BE IT RESOLVED BY.THE .THAT cITy COUNCIL OF THE CITY OF UKIAH. (Govcm~gBod~. CITY MANAGER (TifleofAuthorizedA~ FINANCE DIRECTOR (Title of Authorized Agent) (Name of Applicant) , OR , OR '. FIRE CHIEF OR .. (Title of Authorized Agent) RISK MANAGER is hereby authorized to eXecute 'for and inbehalfof the CITY OF UKIAH , a public entity ' established under ~e laws of the State of California; this. application and to'file itin the Office of Emergency Services for the purpose of Obtaining certain federal financial assistance.under' P.L.' 93-288 as amended'by the Robert T. Stafford Disaster Relief · ' and Emergency Assistance Act.0f 1988, and/or state financial assistance under the Natural.Disaster Assistance Act.. ... .. CITY. OF 'UKIAH THAT the . ... .. .; a public entity established under the laws of the State of California, hereby · authorizes its' agent(s)tO pro~,ide-t~ 'the-State Office of Emergency ServiceS'for all matters pertaining to .such .state disaster assistance the assurances 'and. agreements required.' 'Passed and app~oyed this. day Of.' ,20 . . (Name and Title) (N~ne and Title) '(Name and Title) (Name). reSolution. Passed and approved by the .. .' .'. .' day'of' , . . ,. CERTIFICATION , duly appointed and , do hereby certify that the above is a true .and correct copy of a Date: '~' (Governing body) '. ,.19__ .. of the (Name of Applicant) of' on the (Official Position) OES FOrm 130 (10/97) DAD'Form (Signature) ATTEST: · Marie Ulvila, City Clerk P.A. NO: DR-1628-CA DESIGNATION OF APPLICANT'S AGENT RESOLUTION As of March 1, 2006, those individuals authorized to act on behalf of the City of Ukiah in matters pertaining to the application for federal and state financial assistance related to the 2006 winter storms are identified as: CANDACE HORSLEY, CITY MANAGER, or MIKE McCANN, FINANCE DIRECTOR, or KURT LATIPOW, FIRE CHIEF, or SUE GOODRICK, RISK MANAGER Official Position Signature 300 SEMINARY AVENUE UKIAH, CA 95482-5400 Phnn~ 7A7/zLR?,-R?AA I=~,~¢ 7A7/4R~-R?fhzt W~h Acldr¢..~.~' www citvr~fukiah.com ATTACHMENT~ State of California ~ OFFICE OF EMERGENCY' SERVICES OES ID No.: DR- 1628-CA PROJECT APPLICATION FOR FEDERAL ASSISTANCE SUBGRANTEE'SNAME: CTTY OF UKIAH (Name of Organization) 300 SEHINARY AVENUE ADDRESS: .CITY: UKIAH STATE:. CA · ZIP CODE: 95482 . o TELEPHONE: . (707) 463-6287 FAX NUMBER: (707).462-6204 AUTHORIZED AGENTi CANDACE HORSLEY TITLE:. CITY MANAGER EMAIL ADDRESS: candace@cityofukiah.com ASSURANCES - CONSTRUCTION.PROGRAMS Note: Certain of these assurances may not be applicable to all of your projects. If you have questions, please contact the Governor's ..Office of Emergency Services. Further, Certain federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant I certify that the subgrantee named above: 1. Has the legal authority to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project costs) to ensure proper planning management and completion of the project described in this application. · · . Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the state, through anY authorized representative, access to and the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. ,, Will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site and facilities without permission and instructions from the awarding'agenc% Will record the :federal interest inthe title of real property in accordance with awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project. · Will comply with the requirements of the assistance-awarding agency with regard to the drafting, review and aPproval of construction plans and specifications. · Will: provide and maintain competent and adequate e[~gineering.supervision, at the constructiOn site to ensure that the comPlete work conforms with the approved plans and specifications and will furnish progress reports and such other information as may be required by the assistance awarding agency or state. .. · . . . Will initiate and Complete the work within the applicable time frame after receipt of approval of the awarding agent% Will establish s~feguards, to prohibit employees from' using their positions for a purpose that constitutes or presents the appearance of personal' or organizational conflict of interest, or personal gains. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U:S.C. §§ '480I et .seq.), which prohibits the use of lead based paint in construction or ~rehabilitation of residence StructureS. ~' ' o · Will comply with ail federal statues relating to nondiscrimination. These include but are not limited to: (a) Title VI. of the Civil RightS Act of 1964 (P.L. 88-352) whiCh pr°hibits di'sCrimination On the baSis°f race, col°r or national· origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683 and 1685-'1686) which prohibitS discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) which prohibit discrimination on the basis of handicaps; (d) the Age Discrimination Act of1975, as amended (42 U.S.C. §§. 6101-6107). which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 93-255) as amended, relating to nondiscrimination on the basis of drug abuse; (f) the ComprehensiVe Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 - .616) as amended, relating to nondiscrimination' on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 Of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ce-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § '3601 et seq.), as amended, relating to nondiscrimination in the sale rental or financing of housing; (i) any other nondiscrimination. provisions in the specific statut.e.(s) under which application for federal assistance is being made, and 0) the 10. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal and federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchases.' 11. Will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in tiie program and to purchase flood insurance if the total cost of insurable construction and acquisition is $5,000 or more. 12. 13. Will comply with environmental standards which maybe prescribed pursuant to tile following: (a) institution of enviromnental quality control measures under the National'Environmental Policy Act of 1969 (P.O. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 145 i et seq.); (f) conformity of federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.O. 93-205). . . Will comply with the Wild and Scenic Rivers Act of. 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting: components or potential components of the national wild and scenic rivers system~ : ~ 14. 15. 16. 17. 18. Will assist the awarding agency in assuring compliance with Section 106. of the National Historic PreservatiOn Act of1966, as amended (16 U.S.C. 470), EO 11593 (identification and preservation of historic properties), and the Archaeological and Historic Preservation Act of. 1974 (I 6 U.S.C. 469a-! et seq.).. Will comply With Standardized Emergency Management (SEMS) requirements as stated in the Californi~ Emergency Services Act, Government Code, Chapter 7 of Division I of Title 2, Section 8607. l(e) and CCR Title 19, Sections 2445, 2446, 2447 and 2448 .... .. :Will caUse t° be performed the required financial and. compliance audits in accordance with the Single Audit Act of 1984 and the Single Audit Act Amendments of 1996. Wil!.compl~, with all applicable requirements of all. other federat laws; Executive Orders, regulations and policies, governing this program.. · Has requested through the State of California, federal financial assistance to be used to perform eligible work approved in the subgrantee application for federal assistance. Will, .after the receipt of federal financial assistance, through the State'of California, agree to the following: a. Tile state warrant covering federal financial assistance will be deposited in a special and separate-accoUnt, and will be used to pay.only eligible costs for projects described above; ~ ~ .-.. . · . : '. b. To return to the State of California such part of the funds so reimbursed pursuant to the above numbered application, which are excess to the approved actual expenditures as accepted by final, audit of the federal 'or state government.: - In the event the approved amount:of the above numbered project application is'reduced, the reimbUrsement apPlicable to the amount of the reduction will be:promptly refunded.to'the State of California. · . '~ 19. Will not make an), award or permit any award (subgrant or contract) to any. par~tywhich is debarred or suspended or is 'otherwise excluded from or ineligible' for particiPation in Federal assistance programs under.Executive Order 12549 and 12689, "Debarment and Suspension." . The undersigaed represents that he/she is authorized bytlie above named.subgrantee to enter in~o.this agreem6nt for and on belialt' of the said subgrantee. . . . -. SIGNATURE OF'AUTHORIZED CERTIFYING OFFICIAL .. OES 89 (Rev 1/05) TITLE DATE · . AGENDA ITEM NO: 6.d MEETING DATE: March 1, 2006 SUMMARY REPORT SUBJECT: AWARD PURCHASE OF SODIUM HYPOCHLORITE TO PIONEER AMERICA'S LLC. AT THE UNIT PRICE OF $0.869 PER GALLON FOR AN APPROXIMATE TOTAL AMOUNT OF $66,044. Submitted for the City Council's consideration and action is staff's recommendation that the purchase of approximately 76,000 gallons of sodium hypochlorite be awarded to Pioneer America's, LLC. in the amount of $0.869 per gallon of material for an approximate total amount of $66,044. The material will be used at the City's Wastewater Treatment Plant for the disinfection of wastewater effluent. In response to the City's Request for Bids, two responsive bids were received and opened by the Deputy City Clerk at the time set for the public bid opening. The Notice to Bidders was advertised and noticed in accordance with the City's Formal Bid Process, as well as sent to seven potential bidders. The lowest responsible bidder is Pioneer America's, LLC. at a base bid of $0.869 per gallon of sodium hypochlorite. Refer to Attachment 1 for the bid opening results. Funds were budgeted and are available for this purchase in the FY '05-'06 budget under account number 612.3580.520.000. RECOMMENDED ACTION: Award the purchase of approximately 76,000 gallons of sodium hypochlorite to Pioneer America's, LLC at the unit price of $0.869 per gallon for an approximate Total Amount Of $66,044 ALTERNATIVE COUNCIL POLICY OPTIONS: Reject all bids and provide direction to Staff. Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Ann Burck, Project Engineer William Pounders, Wastewater Treatment Plant Supervisor Candace Horsley, City Manager 1. Bid Opening Results Approved Candace Horsley, City I~nager CITY OF UKIAH 300 SEMINARY AVENUE UKIAH, CA 95482-5400 (707) 463-6217 (City Clerk's Office) BID OPENING FOR: Approx. 76,000 gallons of Sodium Hypochlorite SPECIFICATION NO. DATE: January 30, 2006 TIME: 2:00 p.m_ COMPANy I . PIONEER AMERICA'S LLC 700 YGNACIO VALLEY RD. #250 WALNUT CREEK, CA 94596-3849 AMOUNT . , LA CHEMICAL 860 WHARF STREET RICHMOND, CA 94804 BASIC CHEMICAL SOLUTIONS 12522 LOS NIETOS RD. SANTA FE SPRINGS, CA 90670-2916 Marie Ulvila, City Clerk Bids: Sodium Hypochlorite AGENDA ITEM NO: 6.e MEETING DATE: March 1,2006 SUMMARY REPORT SUBJECT: NOTIFICATION OF EMERGENCY RENTAL FROM RAIN FOR RENT FOR THREE PUMPS AT THE WASTEWATER TREATMENT PLANT FOR THE 2005 STORM IN THE AMOUNT OF $21,881.55 On December 27, 2005, influent peak flows to the Wastewater Treatment Plant (WWTP) exceeded 15 MGD (million gallons per day). The percolation ponds, the treated secondary effluent disposal site, began to fill at an accelerated rate. By December 30, 2005, peak flows exceeded 19.5 MGD, and due to the intense rainfall, the percolation ponds were filled to their rated capacity. Storm flows continued and ponds were overfilled, stressing the levees potentially to failure. On January 1, 2006, plant management and operations staff determined it was necessary to begin rapidly draining the ponds to prevent further stress to the levees. Since there are no pump stations at the WWTP to accomplish this, it was necessary to place high volume portable pumps at the ponds. All available portable pumps from the WWTP were moved to the site best suited for the pumping operation. Additionally, two small pumps were obtained from Hertz Equipment Rental, a reserve fire engine was borrowed from the Ukiah Fire Department, and one portable pump was borrowed from the Town of Windsor. The combined capacity of all the pumps was only 6.1 MGD. The pump discharge rate was insufficient to overcome the additional storm flows to the ponds and more pumps were needed to lower the pond levels. (continued on page 2) RECOMMENDED ACTION: Receive and file notification of emergency rental from Rain For Rent for three pumps at the WWTP for the 2005 storm in an amount not to exceed $21,881.55. Funds are available in the Machinery and Equipment Account 612.3580.800.6001 to cover this unanticipated expense. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Approved: N/A Ann Burck, Project Engineer Bill Pounders, Wastewater Treatment Plant Supervisor Candace Horsley, City Manager Candace Horsley, City Manager On January 2, 2006, three high volume pumps were rented from Rain For Rent. The combined discharge rate of these pumps was 14.4 MGD. This additional pumping capacity was essential to keep pace with the storm flows and lower pond levels. There were no alternative equipment rental companies or agencies to supply these high volume pumps during the immediate emergency. The three pumps and associated hoses, adaptors and equipment were rented from the Rain For Rent from January 1 to January 18, 2006. Rental charges are based on hours/day operation. Pumps were operated 24/hours a day for most of this period. Total cost of the rental is $21,881.55. Funds are available in the Machinery and Equipment Account 612.3580.800.6001 to cover this unanticipated expense. Staff anticipates recovering these flood related expenses through FEMA. AGENDA SUMMARY Item No 6.f Date: March 1,2006 REPORT SUBJECT: AWARD OF BID FOR PURCHASE OF A 2006 4 x 2 CHASIS TRUCK INCLUDING A HEAVY DUTY MATERIAL HANDLER AND DOUBLE MAN LIFT WITH 55' REACH FOR HIGH VOLTAGE MAINTENANCE AND CONSTRUCTION. A request for quotation through the formal bid process was sent to two suppliers for a 2006 4 x 2 truck including a heavy duty material handler and double man lift with 55' reach. This truck is intended as a replacement for the current 1993 double bucket truck. This purchase was included in the Fiscal Year 2005/06 budget. The following considerations were taken prior to budgeting this item for 2005/2006: 1. The existing truck, over 13 years old, has a boom requiring a complete overhaul. The minimum overhaul expense would be at least $25,000 with a minimum of 3 months down time during which a rental truck would be required at a cost of $3,000/mo. It is anticipated that another overhaul would be required within the next 5 years. In addition, due to its age, parts are not readily available and must be remanufactured leading to longer down times. 2. No other City departments have high voltage rated equipment that can be loaned. 3. Because the City typically keeps equipment for at least 10 years, out right purchase is less expensive than leasing options. (See lease quote attached.) 4. Hybrid or alternative fuel vehicles have not yet been field and safety tested in the high voltage industry. The one bid received was opened by the City Clerk on January 19, 2006 at 2:00 p.m. in the amount of $172,162.95 including tax. Staff wishes to accept the bid submitted by Altec Industries, Inc. The truck is to be purchased through California Multiple Award Schedule (CMAS) contracts administered and awarded by the State of California. $187,000 has been budgeted in the 2005/2006 fiscal year account number 800.3728.800.000. RECOMMENDED ACTION: Award bid for the purchase of a 2006 4 x 2 truck including a heavy duty material handler and double man lift with 55' reach to Altec Industries, Inc. through CMAS in the amount of $172,162.95. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject bid and provide direction to staff. Citizen Advised: N/A Requested by: Stan Bartolomei, Electrical Supervisor Prepared by: Stan Bartolomei, Electrical Supervisor Coordinated with: Candace Horsley, City Manager Attachments: 1. Lease Quote APPROVED: Candace Horsley, ATTACHMENT , ! February 8, 2006 To: City of Ukiah, CA Sent on behalf of Brock Nutter - Altec Capital Services 205-408-8619 brock.nutter@altec.com Key Government Finance, Inc. 1000 South McCaslin Blvd. Superior, CO 80027 720-304-1279 (PHONE) 216-357-6374 (FAX) Key Government Finance is pleased to present the following proposal for the transaction described below: LESSOR: LESSEE: PROPERTY: Key Government Finance, Inc. Ukiah, City of 2007 ALTEC Model AM55 EXPIRATION: March 10, 2006 Amount Rate Payments Factor Pmts / Year Term Adv. / Arr. $ 159,780.00 5.39% $ 3,044.16 0.01905217 12 60 Arrears $ 159,780.00 5.54% $ 35,493.95 0.22214266 I 60 Advance LEASE QUOTE: LEASE: This is a tax-exempt, municipal government lease with the title to the property passing to Lessee. This is a net lease under which, all costs, including insurance, maintenance and taxes, are paid by Lessee for the term of the lease. NOTES: None. APPROVAL: This proposal, until credit approved, serves as a quotation, not a commitment by Lessor to provide credit or property. Lessor acceptance of this Proposal is subject to credit; collateral and essential use review and approval by Lessor. The interest rate quoted herein assumes that the interest component of the Payments is exempt from federal income tax. Lessor will provide a taxable financing proposal if it is determined that the financing will not qualify for tax-exempt interest rates. The financing contemplated by this proposal is subject to the execution and delivery of all appropriate documents (in form and substance satisfactory to Lessor), including without limitation, to the extent applicable, the Master Lease Agreement, any Schedule, financing statements, legal opinion or other documents or agreements reasonably required by Lessor. Thank you for the opportunity to present this proposal. If you have any questions, please contact me at my number or e- mail address below. If you wish to accept this proposal, please do so by signing below and returning this proposal to me via FAX or e-mail. Upon receipt of this proposal, Lessor will promptly begin its credit, collateral and essential use review process. Sincerely Todd Stevenson Sales Associate 720-304-1279 (Phone) 216-357-6374 (FAX) tod d. d. steve n son @ key. com Proposal Accepted by Lessee: By: Title: Date: ITEM NO. 6.q DATE: MARCH 1,2006 AGENDA SUMMARY REPORT SUBJECT: NOTIFICATION OF AWARD OF BID FOR UNDERGROUND CABLE TO THE OKONITE COMPANY IN THE AMOUNT Of $7,801.64 In compliance with Section 1522 of the City of Ukiah Municipal Code, this report is being submitted to the City Council for the purpose of reporting the acquisition of material costing more than $5,000 but less than $10,000. A Request for Quotation (R.F.Q.) through the informal bid process was sent to six suppliers for 4,500 ft. of #2 awg aluminum, 15kv, EPR insulated single conductor, jacketted concentric neutral, underground cable. Five bids were received by the Electric Department on February 15, at 1:00 p.m. Bid results are identified in Attachment 1. Staff has evaluated the bids and determined that the Okonite Company was the lowest bidder. A purchase order has been issued in the amount of $7,801.64 including tax and freight. This cable will be placed in warehouse stock for planned future projects and has been budgeted in the 2005/2006 Fiscal Year in Account Number 800.3646.690.000. Sufficient funds are available. RECOMMENDED ACTION: Receive and file report regarding the award of bid to the Okonite Company in the amount of $7,801.64. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Stan Bartolomei, Electrical Supervisor Prepared by: Judy Jenney, Purchasing & Warehouse Assistant Coordinated with: Candace Horsley, City Manager Attachment: 1. Bid results AP P ROVE D.~ ~~-~ Can~ace Horsley, City rv~nager Attachment 1 BID RESULTS #2 AWG ALUMINUM, 15 KY, EPR INSULATED SINGLE CONDUCTOR, JACKETTED CONCENTRIC NEUTRAL UNDERGROI/ND CABLE The Okonite Company Champion Wire & Cable American Wire Group Wesco G.E. Supply Company $7,801.64 $8,848.97 $8,848.97 $11,443.05 $11,637.00 ITEM NO. 6.h DATE: March 1,2006 AGENDA SUMMARY REPORT SUBJECT: AWARD OF BID FOR PURCHASE OF FERRIC CHLORIDE 40% SOLUTION TO KEMIRON COMPANIES INC. IN THE AMOUNT OF $29,719.80 PLUS TAX SUMMARY: Submitted for the City Council's consideration and action is Staff's recommendation that the purchase of 60 Dry Tons of Ferric Chloride 40% be awarded to Kemiron Companies Inc. in the amount of $495.33 per Dry Ton for a total value of $29,719.80 plus tax. The material is used at the Wastewater Treatment Plant as a primary coagulant in the Advanced Treatment process and the Chemically Enhanced Primary Treatment program. In response to the City's Request for Bids, two bids were received and opened by the City Clerk at the prescribed time for public bid opening. Noticing to bidders was in accordance with the City's informal bid process. Bid results are identified in Attachment 1. The lowest responsible bidder was Kemiron Companies Inc. with a base bid of $495.33 per Dry Ton of Ferric Chloride plus tax. Funds for chemical treatment materials have been budgeted in the City/District Wastewater Enterprise Fund under account number 612-350-520-000 and adequate funds are available for the requested purchase. RECOMMENDED ACTION: Award bid to Kemiron Companies Inc. at $495.33 per Dry Ton of Ferric Chloride 40% for a total value of $29,719.80 plus tax. ALTERNATIVE COUNCIL POLICY OPTIONS: 1) Reject the proposal and provide direction to staff. Citizen Advised: N/A Requested by: William Pounders, Wastewater Treatment Supervisor Prepared by: William Pounders, Wastewater Treatment Supervisor Coordinated with: Ann Burck, Project Engineer Attachments: 1. Bid Opening Results AP P ROVE D."-----L~.--"t,~ ~--. - Candace Horsley, City nager CITY OF UKIAH 300 SEMINARY AVENUE UKIAH, CA 95482-5400 (707) 463-6217 (City Clerk's Office) ATTACHMENT_ BID OPENING FOR' Ferric Chlorine Products SPECIFICATION NO. FERCHLR DATE' March 1~ 2005 TIME: 2:00 p.m. COMPANY AMOUNT , , Kemiron Companies, Inc. 3211 Clinton Parkway Court, Suite No.1 Lawrence, KS 66047 LA Chemical 860 Wharf Street Richmond, CA 94804 Marie Ulvila, City Clerk Bids: Ferric Chlorine Products 2006 CITY of UKIAH 300 Seminary Avenue Ukiah CA. 95482 Phone 707-463-6217 I NO FAX OF{ E-MAIL WILL BE ACCEPTED RETURN THIS FORM DATE: THIS IS NOT AN ORDER REQ. NO. 2/8/2O06 FERCHLR TO: KEMIRON Attn: Doris Planas 3211 Clinton Parkway Court, Ste #1 Lawrence, KS 66047 IBIDS WILL BE RECEIVED UNTIL 2 PM, February 22nd, 2006 AT THE OFFICE OF THE CITY CLERK 300 SEMINARY AVE. CITY of UKIAH BY: Marie Ulvila BIDS ARE REQUESTED FOR THE FOLLOWING ITEMS: ALL BIDS SHALL QUANTITY I DESCRIPTION Approx. Ferric Chloride Product as per attached City of Ukiah 60 [specifications. Dry Tons (300,000 lbs) For questions regarding the attached specifications, please call the Sewer Treatment Plant @ 707-467-2818. BE F.O.B. UKIAH, CA. UNIT PRICE TOTAL per Dry Ton Sealed bids must be received at the Office of the City Clerk no later than 2 p.m. on February 22nd, 2006 at which time bids will be opened. All bids must be signed. Opening date and time MUST be prominently displayed on submitting envelope. Late bids will not be considered. Faxed or e-mailed bids will not be accepted. TERMS: NET 30 DEL. TO: FOB UKIAH LEAD TIME ARO: COMPANY NAME: PRINT NAME~ TITLE: ~ ~ ~ ~ ' ~.~ ' PHONE: FAX: ,DATE: TERMS: 1. Right is reserved to reject any and all bids. 2. Right is reserved to accept separate items unless specifically denied by bidder. 3. Right is reserved to reject a quote from any bidder who has previously failed to perform adequately for the City of Ukiah. 4. In CASE OF DEFAULT, the City of Ukiah may procure the items quoted on from other sources and hold the original bidder liable for any increased costs. 5. The price, terms, delivery point, and delivery date may individually or collectively be he basis of the awarding of the bid. 6. ALL BIDS MUST BE SIGNED. OPENING DATE and TIME "MUST" be prominently displayed on submitting envelope. 7. In submitting the above, the vendor agrees that the acceptance of any or all bids by the City of Ukiah, within 30 days constitutes a contract. AGENDA SUMMARY ITEM NO. 6.i DATE: March 1,2006 REPORT SUBJECT: AWARD OF BID FOR PURCHASE OF LIQUID POLYMER - EMULSION TO POLYDYNE INC. IN THE AMOUNT OF $11,880.00 PLUS TAX SUMMARY: Submitted for the City Council's consideration and action is Staff's recommendation that the purchase of 12,000 lbs. of liquid polymer - emulsion be awarded to Polydyne inc. in the amount of $0.990 per pound for a total value of $11880.00 plus tax. The material is used at the Wastewater Treatment Plant as a coagulant in the digested sludge dewatering process. In response to the City's Request for Bids, four bids were received and opened by the City Clerk at the prescribed time for public bid opening. Noticing to bidders was in accordance with the City's informal bid process. Bid results are identified in Attachment 1. The lowest responsible bidder was Polydyne Inc. with a base bid of $0.990 per pound of liquid polymer- emulsion plus tax. Funds for chemical treatment materials have been budgeted in the City/District Wastewater Enterprise Fund under account number 612-350-520-000 and adequate funds are available for the requested purchase. RECOMMENDED ACTION: Award bid to Polydyne Inc. at $0.990 per pound for 12,000 lbs. of liquid polymer-emulsion for a total value of $11,880.00 plus tax. ALTERNATIVE COUNCIL POLICY OPTIONS: 1) Reject the proposal and provide direction to staff. Citizen Advised: N/A Requested by: William Pounders, Wastewater Treatment Supervisor Prepared by: William Pounders, Wastewater Treatment Supervisor Coordinated with: Ann Burck, Project Engineer Attachments: 1. Bid Opening Results AP PR O VE D:..__~"~~ ~-'~~ Ca~-dace Horsley, Cit~Manager CITY OF UKIAH 300 SEMINARY AVENUE UKIAH, CA 95482-5400 (707) 463-6217 (City Clerk's Office) ATTACHMENT f BID OPENING FOR: 12,000 lbs. Liquid Polymer - Emulsion SPECIFICATION NO. POLY-EMUL DATE: February 22, 2006 TIME: 2:00 p.m. 'COMPANY AMOUNT , SNF Polydyne, Inc. P.O. Box 279 Riceboro, GA 31323 . KEMIRON CO. INC. 3211 Clinton Parkway Ct., Ste 1 Lawrence, KS 66047-2654 , CIBA Specialty Chemicals 2301 Wi.lroy Road Suffolk, VA 23434-32021 . Heritage Systems 2471 Solano Ave., Suite 141 Napa, CA 94558 , JENCHEM P. O. Box 30123 Walnut Creek, CA 94598 Marie Ulvila, City Clerk Bids: Liquid Polymer-Emulsion 2006 Mary H or~.~' ' t CITY of UKIAH 300 Seminary Avenue Ukiah CA. 95482 Phone 707-463-621-7 R~, ,Q~ST 'FOR BID l NO FAX OR E-MAIL WILL BE ACCEPTED RETURN THIS FORM DATE: THIS IS NOT AN ORDER REQ. NO. 2/8/2006 POLY-EMUL TO: POLYDYNE INC. Attn: Bids & Contracts Administrator P.O. Box 279 Riceboro, GA 31323-0279 BIDS ARE RE()UESTED FOR THE FOLLOWING ITEMS: ' QUANTIT~ ' ' Approx. 12,000 lbs iBIDS WILL BE RECEIVED UNTIL 2 PM, February 22nd, 2006 AT THE OFFICE OF THE CITY CLERK 300 SEMINARY AVE. CITY of UKIAH BY: Marie Ulvila ALL BIDS SHALL BE F.O.B. UKIAH, CA. DESCRIP;rlON Liquid Polymer - Emulsion. Polydyne SW-057, Praestol K144L or "Equal" as per attached City of Ukiah specifications. Clarifloc 8W-057 For questions regarding the attached specifications, please call the Sewer Treatment Plant @ 707-467-2818. UNIT PRICE $0.990 per lb. TOTAL $11,880.00 Sealed bids must be received at the Office of the City Clerk no later than 2 p.m. on February 22nd, 2006 at which time bids will be opened. All bids must be signed. Opening date and time MUST be prominently displayed on submitting envelope.. Late bids will not be considered. Faxed or e-mailed bids will not be accepted. TERMS: NET 30 DEL. TO: FOB UKIAH LEAD ThME ARO: 3. Da. ys A.R.0. COMPANY NAME: . / Pol~ydyn~e, /Inc. SIGNATURE: ~ ~ d~[/ PRINTNA/vlE: Lawrence ~. Grizzle TITLE: Business Manager PHONE: (912) 880-2035. FAX: (912) 880-2078 DATE: 02-16-2006 TERMS: 1 .' Rig'ht is re'served to reject any and all bids. 2. Right is reserved to accept separate items unless specifically denied by bidder. 3. Right is reserved to reject a quote from any bidder who has previously failed to perform · adequately for the City of Ukiah. 4. In CASE OF DEFAULT, the City of Ukiah may procure the items quoted on from other sources and hold the original bidder liable for any increased costs. . ~ 5. The price, terms, delivery point, and delivery date may individually or collectively be the basis of the awarding of the bid. 6. ALL BIDS MUST BE SIGNED. OPENING DATE and TIME "MUST" be · prominently displayed on submitting envelope. 7. In submitting the above, the vendor agrees that the acceptance of any or ail bids by the City of Ukiah, within 30 days constitutes a contract. ITEM NO. 6.i DATE: March 1,2006 AGENDA SUMMARY REPORT SUBJECT: AWARD OF BID FOR PURCHASE OF SODIUM BISULFITE, 25% SOLUTION TO LA CHEMICAL IN THE AMOUNT OF $14,900.00 PLUS TAX SUMMARY: Submitted for the City Council's consideration and action is Staff's recommendation that the purchase of 25 Dry Tons of Sodium Bisulfite 25% be awarded to LA Chemical in the amount of $596.00 per Dry Ton for a total value of $14,900.00 plus tax. The material is used at the Wastewater Treatment Plant for neutralizing chlorinated effluent prior to discharge in the Russian River. In response to the City's Request for Bids, two bids were received and opened by the City Clerk at the prescribed time for public bid opening. Noticing to bidders was in accordance with the City's informal bid process. Bid results are identified in Attachment 1. The lowest responsible bidder was LA Chemical with a base bid of $596.00 per Dry Ton of Sodium Bisulfite plus tax. Funds for chemical treatment materials have been budgeted in the City/District Wastewater Enterprise Fund under account number 612-350-520-000 and adequate funds are available for the requested purchase. RECOMMENDED ACTION: Award bid to LA Chemical at $596.00 per Dry Ton of Sodium Bisulfite 25% for a total value of $14,900.00 plus tax. ALTERNATIVE COUNCIL POLICY OPTIONS: 1) Reject the proposal and provide direction to staff. Citizen Advised: N/A Requested by: William Pounders, Wastewater Treatment Supervisor Prepared by: William Pounders, Wastewater Treatment Supervisor Coordinated with: Ann Burck, Project Engineer Attachments: 1. Bid Opening Results APPROVED: Can-'"d~ce H'or~ley, City Ma--~ager CITY OF UKIAH 300 SEMINARY AVENUE UKIAH, CA 95482-5400 (707) 463-6217 (City Clerk's Office) ATTACHMENT~_ I BID OPENING FOR: 25 tons of Sodium Bisulfite~ 25% Solution - SODBI DATE: February 227 2006 TIME: 2:00 P.M. COMPANY AMOUNT LA Chemical 86O Wharf St. Richmond, CA 94804 Basic Chemical Solutions 12522 Los Nietos Road Santa Fe Springs, CA 90670-2916 Marie Ulvila, City Clerk Bids: Sodium Bisulfite SODBI-2006 Mary Ho Agent CITY of UKIAH 300 Seminary Avenue Ukiah CA. 95482 Phone 707-463-6217 REQUEST FOR BID I NO FAX OR E-MAIL WILL BE ACCEPTED RETURN THIS FORM DATE: THIS IS NOT AN ORDER REQ. NO. FEB 0 9 2006 2/8/2OO6. SODBI-25% TO: LA CHEMICAL 860 Wharf Street Richmond, CA 94804 IBIDS WILL BE RECEIVED UNTIL 2 PM, February 22nd, 2006 AT THE OFFICE OF THE CITY CLERK 300 SEMINARY AVE. CITY of UKIAH BY: Marie Ulvila BIDS ARE REQUESTED FOR THE FOLLOWING ITEMS: QUANTITY Approx. 25 TONS DESCRIPTION Sodium Bisulfite, 25% Solution, as per attached City of Ukiah specifications. ALL BIDS SHALL BE F.O.B. UKIAH, CA. UNIT PRICE TOTAL $ Bo,oo $ I'4 qoo' oo per Dry Ton For questions regarding the attached specifications, please call the Sewer Treatment Plant @ 707-467-2818. Sealed bids must be received at the Office of the City Clerk no later than 2 plm. on February 22nd, 2006 at which time bids will be opened. All bids must be signed. Opening date and time MUST be prominently displayed on submitting envelope. Late bids will not be considered. Faxed or e-mailed bids will not be accepted. TERMS: NET 30 DEL. TO: FOB UKIAH LEAD TIME ARO: COMPANY NAME: SIGNATURE: PRINT NAME: TITLE: PHONE: FAX: DATE: II TERMS: 1. Right is reserved to reject any and all bids. 2. Right is reserved to accept separate items unless specifically denied by bidder. 3. Right is reserved to reject a quote from any bidder who has previously failed to perform adequately for the City of Ukiah. 4. In CASE OF DEFAULT, the City of Ukiah may procure the items quoted on from other sources and hold the original bidder liable for any increased costs. I 5. The price, terms, delivery point, and delivery date may individually or collectiveiy be the basis of the awarding of the bid. 6. ALL BIDS MUST BE SIGNED. OPENING DATE and TIME "MUST" be prominently displayed on submitting envelope. 7. In submitting the above, the vendor agrees that the acceptance of any or all bids by the City of Ukiah, within 30 days constitutes a contract. ITEM NO. 9.a DATE: March 1, 2006 AGENDA SUMMARY REPORT SUBJECT: REVIEW AND DISCUSSION OF THE EXISTING OPERATIONAL STRUCTURE AND ECONOMICS OF THE GOLF ENTERPRISE AS A PRELUDE TO OPERATIONAL REVISIONS Councilmember Crane requested that a review and discussion of the existing operational structure and economics of the Golf Enterprise be put on the agenda prior to considering operational revisions including Golf Professional Services (Item 9b) and proposed internal financing to retire the golf course bonds (Item 10b). Supplemental information in Item 9b including the report from the golf workshop conducted last year will provide some background for the proposed points of discussion. Points of discussion to include: 1 ) What were the trends in use, income and costs for the last 10 years? 2) What are the apparent effects of the most recent rate revisions on use, income and costs? 3) What are the demographic trends in the user base of the enterprise? 4) What should be the goals for the golf course enterprise for the next decade? RECOMMENDED ACTION: Discussion of the existing operational structure and economics of the golf enterprise as a prelude to operational revisions. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Councilmember Crane Sage Sangiacomo, Community/General Services Director Candace Horsley, City Manager N/A Candace Horsley, City Mana~r AGENDA SUMMARY ITEM NO. 9.b DATE: March 1,2006 REPORT SUBJECT: DISCUSSION AND CONSIDERATION OF OPTIONS FOR GOLF PROFESSIONAL SERVICES AT THE UKIAH MUNICIPAL GOLF COURSE. Background At the February 15, 2006 Ukiah City Council Meeting, Council reviewed and considered the proposals for Golf Professional Services at the Ukiah Municipal Golf Course. The agenda summary report for this item is included for reference as Attachment #1. After considerable public comment and discussion, Council in a 3 to 2 vote decided not to accept the recommended action citing concern that some applicants may have been reluctant to submit a proposal given that the current Pro was also applying for the position. There were four written proposals received and three applicants went through the evaluation process. Mr. McMillen withdrew his proposal just prior to the Council Meeting, but had gone through a complete screening process and had earned a 2nd place ranking with a score of 81 points out of 100 from the Screening Committee. Council also recognized that the decision not to proceed with the recommended action was not in reference to the quality of the Tayman Park Golf Group proposal which received a superior ranking (93 points) and earned an independent and unanimous 1st place ranking from every member of the Screening Committee. At Council's request, staff is returning the item for discussion of possible options to fill the current vacancy and to obtain direction from Council on how to proceed. (Continued on Page 2) RECOMMENDED ACTION: N/A ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Accept the recommendation of the Parks, Recreation, and Golf Commission to reconsider prior action and authorize the City Manager to negotiate and execute a contract for Golf Professional Services with Tayman Park Golf Group, Inc. 2. Proceed with the re-issuance of a RFP for Golf Professional Services at the Ukiah Municipal Golf Course including providing specific direction on the process. 3. Request staff to pursue an employment option. 4. Request staff to pursue a full lease option. 5. Reject all options and remand to Staff with further direction on how to proceed. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City Council and the Parks, Recreation, and Golf Commission Sage Sangiacomo, Community/General Services Director Candace Horsley, City Manager and Maya Simerson, Community Services Supervisor 1. Agenda Summary Report from the 2/15/06 Council Meeting 2. Agenda Summary Report from the 4/4/05 Special Golf Workshop 3. Golf Course Revenue and Rounds Reports APPROVED: Candace Horsley, City ger Current Status of Operations Since the last Council meeting, Mr. McMillen submitted his resignation on February 21st and has indicated that his last day will be February 28th. Staff is working on an interim plan to maintain basic operations including the temporary employment of staff to collect fees and monitor play. Staff has scheduled a meeting with Mr. McMillen to discuss transition plans including the potential transfer of the cart rental fleet lease to the City. Despite best efforts to maintain all services, there may be an interruption of secondary services including merchandise and food/beverage sales since providing these services will require capital outlay costs. The viability and necessity to add these services will depend on Council's decision on how to proceed with filling the vacancy and the anticipated length of time needed to complete the selection process. There is the potential that this immediate and possible lengthy void in golf professional services will have serious long-term financial implications for the course. Spring and Summer are the busiest months for the course with a significant portion of the revenue generated during these upcoming 5 months. The possible interruption of secondary services may be a deterrent for customers and could lead to an unfavorable reputation, specifically with out of town players. In addition, the lack of qualified onsite golf professional may also have significant implications especially with regard to the administration of the busy tournament season. In an industry where reputation and quality of services are extremely important, it may take considerable effort to recover and gain back lost customers. Parks, Recreation, and Golf Commission Renewed Recommendation At the most recent Parks, Recreation, and Golf Commission meeting, the Commission in a 4 to 2 vote recommended that Council resend it's previous decision and accept the Tayman Park Golf Group proposal as previously recommended by the Commission and the Screening Committee. In addition, the Commissioner who was unable to make the meeting has since provided a written opinion in support of the Commission's current recommendation. Commissioners asserted that Mr. McMillen's late withdrawal was not relevant to the consideration of the Tayman Park Golf Group proposal which was independently ranked as superior based upon specific and detailed criteria. Commissioners expressed concern that the late push by some members of the golfing community to reissue the Request for Proposals was an attempt to allow specific candidate(s) an unwarranted and potentially inequitable opportunity to reconsider submission. If Council chooses this option, the Tayman Park Group has indicated a readiness to begin delivery of critical services within a few days of signing a contract with the City. Tayman Park's proposal and draft contract are included for review as part of Attachment #1 should Council wish to consider this recommendation. Alternate Options 1. In addition to the option of accepting the Parks, Recreation and Golf Commission current recommendation, Council may also consider the re-issuance of the RFP. Since the original RFP process was accepted as fair and sufficient, a similar process could be utilized with the development of a new screening committee in order to ensure an impartial rating of all candidates. The original RFP is included for review within Attachment #1. One potential option that was recommended for the screening committee would be to have three out of town golf professionals, one city representative, one member from the Women's Golf Club and one member from the Men's Golf Club. In order to ensure a fair process, all screening committee candidates would need to be assessed for any potential bias that could lead to an unfair advantage for any one candidate. Staff estimates that this process would take between 3 to 4 months to complete and have a Pro in place at the golf course. 2. Council also has the option of obtaining professional evaluation services from an employment company specializing in the golf industry. While this option is potentially costly, the screening process would be completely independent from any community bias. Staff estimates that this option would still require approximately 3 months to fill the vacancy. 3. Alternative options to an independent contractor relationship with a golf professional include hiring the Pro as a City employee or leasing the facility in its entirety to a full service management company. As both of these options are a major shift in past practice, a considerable amount of analysis and public input would be advised. The employee option would require the City to assume direct responsibility for nearly every aspect of the professional services contract including staffing, merchandise, critical business systems, marketing, etc. In addition, this option would mostly likely require a separate independent contractor arrangement for food and beverage services due to the City's inability to hold an alcohol beverage license. Currently, the Pro holds the license and generates a considerable portion of his revenue from alcohol beverage sales which in turn supports the cost associated with other operational obligations. If the City is required to contract separately for food/beverage services, there may not be same level of funds realized from these services. However, there may be a number of benefits to this option including a better level of communication between maintenance staff and Pro Shop staff with the potential to consolidate general job duties and supervision within the Golf Division. This option may also be better suited to attracting local professionals whom may not have the necessary capital or individual resources to assume an independent contractor role but have the desired expertise to effectively manage the operation. The Council also has the option to lease the facility to a full service management company. Under a full lease option, the City most likely would have to empower the company with all operational decisions in return for a negotiated rate that may fluctuate with net profit. These agreements can have specified parameters for service and the City may be able to have an advisory role. In the past, this option has been adamantly rejected by the golfing community primarily because operational control including the fee schedule is not subject to direct public review. Supplemental Background Information In consideration of the options for golf professional services, some Council members have requested additional background information on golf course operations. Staff has included the agenda summary report from the golf workshop conducted last year as Attachment #2. The report gives an overview of course operations including some analysis on revenue sources, types of rounds played, and budget history. Since implementation in July of 2005, Staff has been monitoring the new fee schedule including documenting a month to month comparison of daily fees for the Course. This comparison is presented each month to the Parks, Recreation, and Golf Commission and is included in the Commission's agenda packet which is also distributed to Council. In addition, reports on rounds played are also reviewed and presented as the information is made available from the Pro. However, the accuracy of the reported rounds played are suspect given that the data does not match revenue and the past Pro did not have an adequate system in place to document such results. Thus, the rounds report data must be reviewed critically and green fee revenue may be a better indicator of the total usage. The most recent report on revenue along with a seven year history of round reports is included as Attachment #3. Although the number of yearly membership passes are down at this time, the revenue for this category is not far off from last year due to the recent increase in fees (FY04/05: $123,801; FY05/06: $103,485). In addition, membership sales may spike again during the spring months as past members accept the fee adjustments and recognize that memberships still represent a discount for the avid golfer. In the past, yearly memberships were good from July through June and thus the majority of them were sold/renewed in July. Yearly passes are now sold year round and are good for one year from the date of purchase. Also note that the 04/05 membership revenue reflects sales of monthly passes which are no longer an option, but should be replaced in the future with promotional discounts during Iow play periods, specifically for application during the winter months. The revenue for daily green sales is up by an 18% average increase even though the per round fee in most daily categories was decreased with the new fee schedule. When considering both daily fees and membership revenue, the net increase over last year to date (as of 1/06) is $15,525. Despite a positive increase in total green fee revenue, the fee schedule needs to be monitored closely in order to ensure that the Course is serving the greatest number of customers while at the same time maximizing revenue sources to offset operational costs and desired capital improvements. The Parks, Recreation and Golf Commission and Staff are closely watching the data and will continue to provide recommendations for adjustments, as necessary. In fact, the Commission already recommended (and Council approved) the modification of junior fees to extend the daily weekday junior rate of $12 to also include weekends after 1 p.m. In response to the concerns expressed by the 9 hole groups, we are also in the process of implementing a group 9 hole promotional discount to encourage club participation. We will need to continue to analyze the effectiveness of the fee schedule and proactively recommend changes. The implementation of a point of sale system will also provide an accurate source of rounds played including the tracking of demographic trends which is not currently available. The tracking of such information will help with the implementation of a marketing program and the development of future fee schedule recommendations. In addition to continued attendance at Men's and Women's Club executive committee meetings, staff will implement a yearly public workshop/forum with the intent to create direct communication with the general golfing community, as suggested by many Council members. The public forum would allow for updates on course operations as well as an opportunity to seek input on issues of concern and short/long term goals and objectives regarding the operation of the course. Staff is requesting Council discuss and provide direction on how to proceed with filling the current Golf Pro vacancy at the Ukiah Municipal Golf Course. Attachment AGENDA SUMMARY ITEM NO. 9.a. DATE: February 15, 2006 REPORT SUBJECT: AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT FOR GOLF PROFESSIONAL SERVICES FOR THE UKIAH MUNICIPAL GOLF COURSE WITH JIMMY STEWART AND FRANK JOHNSON, TAYMAN PARK GOLF GROUP, INC. Backqround Last year, the City Council authorized the issuance of the Request fOr Proposals (RFP) for Golf Professional Services due to the expiration of the current Golf Professional's contract. The RFP was reviewed by both of the executive committees of the Men's and Women's Golf Clubs, as well as the Park, Recreation and Golf Commission and the Ukiah City Council. The intent of developing the RFP and pursuing open recruitment was to bring the concession contract and services up to current industry standards by acquiring comparative proposals. The RFP identified a comprehensive scope of services which far exceeds the services defined in the current contract. Pages two and three of the RFP describe twenty-two bullet points of services which the contractor will be required to provide. In addition, the RFP includes a detailed description of the overall philosophy of service for the City's golf course and asks the contractor to describe the methodology and practices which will be put in place to meet those service objectives. A cOpy of the RFP is included for review as Attachment #1. (Continued on Page 2) RECOMMENDED ACTION: 1. Authorize the City Manager to negotiate and execute a contract for Golf Professional Services at the Ukiah Municipal Golf Course with Jimmy Stewart and Frank Johnson, Tayman Park Golf Group, Inc. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine the execution of a contract for Golf Professional Services is inappropriate at this time and remand to staff with further direction. 2. Select an alternative candidate for Golf Professional Services and authorize the City Manager to negotiate and execute a contract. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Golf Professional Services Screening Committee City Council and the Parks, Recreation, and Golf Commission Sage Sangiacomo, Community/General Services Director Candace Horsley, City Manager, Maya Simerson, Community Services Supervisor, and Mary Horger, Purchasing Supervisor. 1. Request for Proposals for Golf Professional Services 2. Screening Committee's Evaluation Criteria and Interview Questions 3. Written Proposal and Supplemental Information from Frank Johnson/Jimmy Stewart 4. Written Proposal from Jeff McMillen 5. Photos From Site Tour of Tayman Park Golf Course 6. Reference Survey Questions APPROVED:~ Candace Horsley, City h(anager Two additional items included in the RFP communicated the City's desire to research the possibility of developing a practice range facility and expanding on-site food and beverage services. The intent is to work cooperatively with the contractor to investigate the Potential to develop a practice range on or off-site. As the development of a practice range may not be feasible, the contract would only require the Pro to work with the City to attempt to do so but, if not feasible, will not require it. A bar and grill type facility is a standard service at most golf courses and can significantly contribute to the facilities revenue. Currently, a very limited food and beverage service is offered. Furthermore, many individuals have expressed concerns with regard to the service of alcoholic beverages at the same counter that golfers, including families and minors, must pay and register to play. The RFP included language that requests the contractor to develop a plan for the operation of an expanded type of grill and banquet facility. However, if not feasible the contract would not require it. Request for Proposal Process The RFP was issued on October 18, 2005 and was advertised in both the Ukiah Daily Journal and the Press Democrat. In addition, the RFP was direct mail to more than 40 regional courses, numerous Professional Golf Association (PGA) related affiliates and variety of electronic media sources that specifically target PGA professionals. Four proposals were received by the November 22, 2005 deadline from: - Tom Bugbee, Golf Solutions Ca (Adobe Creek Golf and Peacock Gap Golf Clubs) - Jeff McMillen (Ukiah Municipal Golf Course) - Frank Johnson/Jimmy Stewart (Tayman Park Golf Course) - John E. Theilade Jr. Golf Solutions CA did not respond to the request for .an oral interview and was subsequently dropped from the review process. The other three applicants complied with the request for an oral interview. Screening Committee In accordance with the RFP, a five panel screening committee Was established to evaluate the written proposals and conduct oral interviews. Per Council's direction to ensure that the golfing community was well represented and had a significant voice in the selection process, the screening committee consisted primarily of members of the Men's and Women's Golf Clubs whom were selected by their respected executive boards. Prior to selection, staff eXpressed to the leadership of each Club the importance of a fair process and the need to select representatives would not be biased toward any one candidate. Staff was present at the Men's Club Executive Board meeting when the screening committee repreSentatives for the Men's Club were considered and selected. The BOard took great care in their decision to ensure impartiality. The Men's Club representatives were the current club president, Paul Moore and at-large member, Paul Shimmin. The Women's Club representatives were the club president, Shirley Dietrick and at-large member, Raylene Neustel. Maya $imerson, the Community Services Supervisor, acted as the City's representative on the panel. Each of the members of the screening committee received copies of the proposals for advance review. The committee developed an extensive list of questions and evaluation criteria, which are included for review as Attachment #2. The criteria included more than 26 rating factors that were specifically designed to evaluate every aspect of a candidate's ability to succeSsfully function as the golf professional for the Ukiah Municipal Golf Course. Furthermore, the interview questions were designed explicitly to explore the candidate's aptitude and capabilities to fulfill the requirement specified'in the RFP including their philosophy and concept of golf operations as well as their philosophy and methodology for providing specific golf related programs. The committee conducted an extensive oral interview with each of the applicants lasting more than an hour for each candidate. In addition to the questions listed in the attachment, the committee explored in more depth many of the details outlined in each of the candidate's proposals. Committee members individually evaluated and ranked each of the candidates based on their written respOnse to the RFP and oral interviews. The following are the results of the Screening Committee: Ranking Candidates Score 1. Frank Johnson/Jimmy Stewart 93 2. Jeff McMillen 81 3. John Theilade, JR. 79 The #1 ranking for Frank Johnson/Jimmy Stewart was an independent and unanimous evaluation of each member of the Screening Committee. The general feeling of the committee was that Frank Johnson/Jimmy Stewart had the aptitude and prOven record as golf professionals to develop and implement the necessary business systems and programs to bring the operations and services of the Ukiah Municipal Golf Course to within industry standards in addition to having desires consistent with the community. Specifically, members of the committee recognized the abilities of the Frank Johnson/Jimmy Stewart to · Implement and develop a year rOund junior golf program · Expand food and beverage services including the sale of sandwiches year round · Put into service a fully electronic and integrated point of sale system with critical accounting solutions and online tee reservations · Implement and maintain an on-line marketing program that would include a website, collection of customer data and a platform to advertise services and discounts · Provide professional advice, oversight and recommendations for course maintenance activities and improvements including a proven record of successful implementation of major projects such as a driving range and tee, fairway, and green renovations. · Maintain a customer friendly focus and provide a great golfing experience for all players · Willingness to develop a strong partnership with the golfing community as well as City staff and officials Proposals and supplemental information from each of the top two candidates are included as Attachment #3 (Frank Johnson/Jimmy Stewart) and Attachment #4 (Jeff McMil'len). Proposals from the other candidates are available upon request. Post Interviews and Contractual Viewpoints At the conclusion of the screening committee's evaluation, City Staff conducted separate post- interviews with the top two ranked applicants including Frank Johnson/Jimmy Stewart and Jeff McMillen. In the post interviews, staff explored both contractual and service related issues. One of the main goals of the post interviews was to develop an understanding of the fiscal elements of a potential contract with either one of the candidates. The following chart provides a summary of the major fiscal elements of the City's current contract for professional services and is provided as a matter of reference to understanding each of the applicants viewpoints expressed in the post interviews. Fiscal Elements of the Current Contract City Paid To The ContractOr Green Fees and Memberships Contractor Paid To the City Merchandise, Food, and Beverage Cart Rentals of the first over $150,000 Lessons Marketing Credit Cart Processing Fees $150,000; B% Flat Rate of $2,500 per year 0% $1,000 match All Fees Frank Johnson/Jimmy Stewart expressed the following contractual viewpoints during the post interview: · Requested simplifying the contract to a flat 6% for all shared revenue and will include the gross cart rental revenue in the calculations of which the City currently receives only a flat rate of $2,500 per year. · Would implement an on-line marketing program from Legendary Marketing that would include a website, collection of customer data and a platform to advertise services and discounts at no cost to the City (valued at $6,800 per year). · Implement and maintain an electronic Point of Sale System including on-line tee reservations at no cost to the City (valued at $7,000 per year). · The potential benefit to the City of the on-line marketing and point of sale system programs would be to increase revenue by increasing the number of rounds played, especially during low play periods. · Credit Cart Processing fees would be shared; City would assume the fees when a card is used to pay for greens, memberships, and cart path fees; Pro would pay fees for merchandise, lessons, food, beverage and cart rentals. · Would implement the PGA's First Tee Program which is a year-round instructional program for youth of all socioeconomic backgrounds. In addition, staff conducted a site visit of the Tayman Park Golf Course in Healdsburg currently operated by Mr. Stewart and Mr. Johnson. The purpose was to develop a familiarity with the operations like that already known of the Ukiah Municipal Golf Course, currently operated by Mr. McMillen. Some photos of that site tour are included as Attachment #5. Jeff McMillen expressed the following contractual viewpoints during the post interview: · Believes that the current contract is equitable for both the City and Pro except for the credit card processing fees which are currently assumed by the Pro and expressed a desire to renegotiate. · Would be willing to implement an electronic point of sale system With the cost to be shared between the City and Pro. · Currently offers only one three-day juniOr golf workshop per summer..He indicated that he would be willing to offer more junior golf workshops to satisfy existing demand. In addition to the post interviews, staff conducted a reference check of both the applicants using the identified contacts in each of their proposals. Each person of reference was presented a series of questions and asked to rank the candidates on a scale of 1 to 10, with 10 being the highest score. The questions used in this process are included as Attachment #6 for review. While contact with all listed references was attempted, at the time of this report four from each of the candidates' list had responded to the request. The results of the reference survey are as follows: Frank Johnson/Jimmy Stewart had an average score of 8.9 and Jeff McMillen had an average score of 7.8. Park, Recreation, and Golf CommisSion Review On February 7, 2005, the Parks, Recreation and Golf Commission held a special meeting to discuss and consider the proposals for golf professional services. The CommissiOn conducted a two and half hour meeting at which staff presented an overview of the process and the screening committee's results. The top two candidates were advised of the meeting time and encourage to be on-hand to answer questions from the Commission. Frank Johnson/Jimmy Stewart were present at the meeting and responded to a number of questions from Commission members and members of the public. Approximately 25 members of the public were in attendance with nearly half contributing to the discussion during the public comment portion of the agenda. Some public members expressed a desire to retain Mr. McMillen and stated they had a high level of satisfaction with the current pro's operations and also cited the previously submitted petition. Others raised concern that the Johnson/Stewart proposal looked great, but questioned their ability to implement specific highlighted objectives including the point of sale system, expanded junior golf program, and the desire to explore the feasibility of developing a driving ranging for the facility. Other members of the public expressed the need for a positive change and renewed energy like that presented by Mr. Johnson/Stewart. Subsequent to the meeting, other golfers have expressed their thanks for a fair selection process and felt that Mr. Johnson/Stewart were talented and knowledgeable. The Commission had a substantial discussion regarding Mr. Stewarts and Mr. Johnson desire to expand the PGA's nationwide First Tee Junior Golf Program to the Ukiah Municipal Golf Course. Mr. Stewart gave a detailed overview of the program which is also included as part of their submitted material (Attachment #3; tab #6 within the folder). Mr. Stewart.described the mission of the program as "to impact the lives of young people by providing learning facilities and educational programs that promote character-development and life-enh, ancing values through the game of golf." In order to bring the First Tee program to the North Coast and to promote junior golf, Mr. Stewart helped form the First Tee of the North Bay, a non-profit organization. The non-profit is able to receive grant funds that are made available by the PGA and affiliates specifically to support the First Tee junior golf program. The non-profit is governed by a nine member board of directors, representing a variety of regional businesses. Mr. Stewart indicated that there is flexibility to add additional directors to represent additional areas that may become involved including from the Ukiah area. Mr. Stewart was instrumental in the formation of the non-profit and has been hired by the board of directors as its executive director and receives compensation for that role. Mr. Stewart represents that he initially devoted a significant amount of time at no compensation to laying the' groundwork for the First Tee of the North Bay. Grant funds and donations are used to support the administration of the program, lessons, equipment, and fee sUbsidies to pay for rounds of golf. 5 Commission members requested that the contract include a section requiring an annual evaluation and also wanted to be sure that the contract contained a default and breach section. The contract is being modified to include an annual evaluation between the City and Contractor with the intent to maintain quality performance, communication, and customer satisfaction as well as to address any issues that may have arisen. In addition, the draft contract already contains a detailed breach section to protect the interest of the City and ensure satisfactory performance of the items identified in the contract including the Contractor's obligations. Commission members and some members of the public questioned if the rates would increase for greens, carts, or food. The City of Ukiah retains the exclusive rights to set rates for green fees, memberships, and cart path fees and these rates are fixed by a resolution of the City Council. While the contractor retains the rights to set rates for merchandise, cart rentals, food and beverage, the sample contract states that the rates shall be comparable to those of other public golf courses. Mr. Stewart has indicated that it is in the best interest of the concessionaire to maintain Iow and competitive rates. The Commission also wanted to be sure that if the contract was awarded to Frank Johnson/Jimmy Stewart that there would be an identified Pro whom would be the lead for operations at the Ukiah Municipal Golf Course. Frank Johnson was identified has the lead individual for the Ukiah operation. Mr. Johnson is a PGA class "A" golf professional and a detailed profile is included within the proposal (Attachment #3; tab #2). Subsequently, staff has verified Mr. Johnson's status with the PGA. Mr. Stewart re-emphasized that the incorporation of his partnership with Mr. Johnson was done for the purpose of tax reporting and they are not a management company. Mr: Stewart and Mr. Johnson have stated that they have complementary skills that will be of particular importance in accomplishing the goals outlined in the RFP and draft contract. Specifically, Mr. Stewart has a specialized background in course design having previously worked for Robert Trent Jones and Ron Fream Golf Design Company. After substantial discussion and consideration, the Parks, Recreation and Golf Commission voted in a 6 to 1 vote to recommend to the City Council the proposal from Frank Johnson/Jimmy Stewart, Tayman Park Golf, Inc. A draft contract with Tayman Park Golf Group inclusive of the issues identified at the Park, Recreation, and Golf Commission along with the specific terms outlined during the post interview will be presented at the City Council Meeting. For initial review, a sample contract was included in the original RFP and is included as part of Attachment #1. 411 S~ Attachment # __. '~, October 18, 2005 To Whom It May Concern: The City of Ukiah invites proposals for Golf Professional Services as per attached Request for Proposals. #E26174. Sealed proposals wifl be received until 5 p.m., November 22, 2005, at the office of the City Clerk, Attn: Marie Ulvila, 300 Seminary Avenue,.Ukiah, CA 95482. Fax or e-mailed copies will not be accepted. It will be your sole responsibility to have proposals delivered to the City Clerk before the closing hour and date. Late bids will not be considered. Questions regarding the specifications can be directed to Sage Sangiacom_o, Director of Community/General Services, at 707-463-6221. Thank you, PURCHASING DEPARTMENT Contact Info: Mary Horger Purchasing Agent City of Ukiah (707) 463-6233, Fax: (707) 463-6234 E-mail: maryh @cityofukiah.com CITY OF UKIAH REQUEST FOR PROPOSALS No. E26174 GOLF PROFESSIONAL SERVICES PROPOSAL DUE NOVEMBER 22, 2005 I. INTRODUCTION The City of Ukiah is seeking proposals for a qualified member of the Professional Golf Association to operate and provide golf professional (Pro) and concession services at Ukiah Municipal Golf Course. The City anticipates a multi-year agreement for the work requested in this RFP and is seeking an individual experienced in working with public agencies and municipal golf course management. All submittals shall include al! pertinent professional data, historical background, and detailed responses to the information requested in this RFP and shall be written in an appropriate narrative text, tabular materials and illustrative graphics in such a manner as to be easily discernible to the public and City staff. All proposals must be submitted to the office of the City Clerk at 300 Seminary Avenue, Ukiah, CA by 5:00 p.m. on Tuesday, November 22, 2005. II. BACKGROUND The City of Ukiah is a beautiful community in the heart of California wine country and approximately one hour from the Mendocino Coast. The town is located approximately 60 miles north of Santa Rosa, CA on the Highway 101 corridor with a full time population of slightly more than 15,070. Ukiah is also the retail and service hub to an area reaching a 50 mile perimeter and a daytime service population of approximately 45,000 people. The Ukiah Municipal Golf Course is a 5,850 yard, eighteen hole, par 70 facility. Amenities include proshop, cart storage buildings, and community/dining room. The golf course averages between 35,000 and 45,000 rounds per year. The community room is currently available for rent to the public for private and public events. However, it is the City's intent to convert the community room into full time food and beverage service with'banquet room. The City is also interested in the development of a full service practice/range facility either on or off-site. Golf course maintenance is the responsibility of City maintenance crews - however, the Pro is expected to actively participate in the scheduling and advising of maintenance activities. Groups involved with the golf course include a very active Men's and Women's Clubs and the City's Parks, Recreation, and Golf Commission. The Pro is expected to actively support these groups through meeting attendance as needed and coordinating events. III. OPERATOR RESPONSIBILITIES The minimum scope of services and responsibilities of the operator shall include tasks described below: · Manage all pro shop operations including collection and accounting of daily greens fees, categorical recording of rounds played; and selecting and acquiring all golf related merchandise and supplies for retail merchandising adequate to respond to demand. · Develop and implement critical business systems including but not limited to scheduling all tournaments/events and daily tee times, collecting all fees, preparing and submitting audits, completing asset inventories, developing personnel management procedures consistent with City policy, paying all taxes and license fees, and providing quarterly reports and accounting of business activity to the City. · Operate and maintain a fleet of carts adequate to respond to demand for public rental. · Maintain rental sets of men's, women's, and youth golf clubs and push carts adequate to respond. · Maintain a pro shop lounge area that shall include (at a minimum) seating, tables, and one large screen television with cable/satellite programming. 2of7 Develop a complete .golf instruction program and employ at least one other fulltime golf professional with sufficient knowledge and experience to provide quality golf instruction. Develop and implement a comprehensive junior golf development program. In cooperation with the City, develop implement a comprehensive marketing strategy for promotion of the golf facility including but not limited to promotion of special group and tournament play programs and recruitment of out of area play, particularly during low play periods. · Act as liaison between the City and various golf organizations affiliated with the golf course and actively representing the City to the public in matters related to the Golf Course and its operation. · Actively coordinate golf activities with golf course maintenance to minimize interference with play and smooth administration of tournaments and special events. · Provide professional advice, oversight and recommendations for course maintenance activities and improvements. · Prepare and submit an annual operation budget for the operation of concession and lesson activities. · Provide limited food and beverage concessions and develop a plan for the operation of a full service food and beverage facility on site. · In cooperation with the City, develop of a full serviCe practice range facility on or off-site. · Maintain appropriate insurance in accordance with. Exhibit "B" of the attached sample agreement. · Enforcement of all rules and regulations which are adopted by the City Council. · Regulating the. rate of play and play and conduct of the players in such a way as to provide for the safety of the player and others. · Daily policing of the Golf Course through a regularly scheduled marshalling program at key times, minimizing slow play and preserving order, including keeping off trespassers, preventing injury to the Golf Course by players and others. · Preventing any person from playing without first having paid green fees unless otherwise directed by City. · Acting as starter of play, and supervising cart usage. · Keeping the Golf Course and practice area open for play during a schedule of reasonable hours approved by City. · Administration of liability insurance program for privately owned carts on the golf course. Based on the above general information, the City has prepared this Request for Proposals for distribution to applicants. All related information necessary to submit a proposal is provided in the following pages for your consideration. IV. INSURANCE REQUIREMENTS The insurance requirements are set forth in "Exhibit B". V. PROPOSAL PROCEDURES Ae Form and Style of Proposals. lo Describe in a detailed narrative, with supporting data or tabular materials as appropriate, the proposed approach and procedures to be used in completing the tasks described in the Scope of Services capable of meeting the City's expectations as described. Include a 3of7 Be Co proposed schedule showing implementation of the various tasks as needed. The final agreement with the Pro will include a schedule for completion of the major milestones based upon selected consultant's schedule. 2. Proposals shall include a detailed description and history of the applicants experience related to and necessary for the successful completion of the tasks defined in this RFP. Include references and contact information. 3. Proposals shall include a statement as to whether the applicant is sole proprietor, partnership or corporation, or other legal entity and include contact information. 4. Each proposal shall include a statement that all information included in the proposal is true and accurate as represented by the presenter. Any proposal containing information proven false shall be considered rejected by the City. Submission of Proposals. o o . All copies of the proposal and any related documents shall be submitted in a sealed envelope clearly stamped Golf Professional Services Proposal in a location on the face of the envelope so as to be easily identified. Ten (10), (full color if applicable), copies of the proposal must be submitted to the office of the City Clerk at 300 Seminary Ave, Ukiah, CA by 5:00 p.m. on Tuesday, November 22, 2005. SUBMIT PROPOSALS TO: Made Ulvila, City Clerk City of Ukiah 300 Seminary Avenue Ukiah, California 95482 Any questions regarding this request for proposals may be directed to Mr. Sage Sangiacomo, Community Services Director at (707) 463-6221. Proposals received after 5:00 p.m. on November 22, 2005 will not be considered, and will be returned unopened. Proposals that are not submitted in accordance with the specifications of this RFP shall be considered non-responsive. Oral, Facsimile, or electronic proposals will be considered invalid and will not' be accepted. Applicants are strongly encouraged to visit the facility prior to submitting a proposal - failure to do so will in no way relieve the applicant from its obligation to comply in every detail with all provisions and requirements of the contract, nor will a plea of ignorance of such conditions and requirements be accepted as basis for any claim whatsoever by the contractor for additional compensation. Consideration of Proposals. 1. It is the intent of the City to award a contract to the applicant whose proposal is in the best interest of the City, and based upon but not limited to the applicants demonstrated experience and ability. Applicants selected for an oral presentation shall be prepared to present evidence of professional and financial ability to perform. 2. Selection of the successful applicant shall be based upon a qualitative comparative analysis of professional qualifications, quality of proposal and oral presentation as opposed to a quantitative analysis of proposals. 3. The City shall rank acceptable proposals received and conduct oral interviews with the top ranking applicants. The City will then initiate negotiations with the top candidate(s). 4of7 , Should negotiations be unsuccessful, the City will then initiate negotiations with the next highest-ranking candidate(s). As part of the evaluation process, the City may contact-the applicant's current or most previous employer or visit facilities currently operated by the applicant. De Agreement for Services Attached to this RFP is a sample agreement for professional services. A substantially similar agreement shall be executed between the City and the successful applicant and shall include the specific terms and conditions resulting from the negotiation process. me References Provide a list of at least three client references who have received services from you. Provide names of contact person, addresses and telephone numbers for all references. Fo Exceptions Identify any exceptions you are proposing with respect to the Scope of Services. Additionally, if there are any exceptions to the City's insurance requirements and/or the City's contract provisions as shown in the attached exhibits, the applicant should list the exceptions in the proposal. VI. PHILOSOPHY AND CONCEPT OF OPERATION STATEMENTS The following information is intended to assist with the preparation of the proposal and solicit information from the applicant as to the philosophy of the City and the methodology by which the applicant will deliver services. The proposal narrative should include a philosophy statement demonstrating the applicants approach to service delivery to the general golf community with specific reference to the tasks defined in this RFP. Examples should include: · Description of the applicant's goals and overall approach to operation of golf facilities with specific reference as to how these goals apply to Ukiah. · Delineate the applicants approach to customer service and relationships with local golf groups affiliated with the golf course. State specific examples of past experience. · Describe the methods and basis for budget development and fiduciary responsibility. · Describe business practices and methods. · Describe methods and philosophy for evaluating services. · Describe the applicant's anticipated relationship with the City and any advisory committees. · Describe marketing strategies and approach. · Provide a description of your philosophy towards and methodology for providing the following programs: 1. 2. 3. 4. 5. . Marshalling program and rate of play Use of private carts on the course Fee structure development Instructional programs Establishment of discount programs, play incentives, resident priority, and comps. Senior play and related discounts 5of7 r . Use of facility by schools and development of junior programs Tournament policies Pro shop design and dress code for golf professional staff VII. EXPERIENCE Minimum qualifications include that the applicant has at least five (5) years experience of management responsibility in at least a similar size facility. Proposals should include a detailed description of all previous experience in working with public/private agencies and list specific references and appropriate contact information. Applicants must include any golf management operations contracts, which have been cancelled or otherwise terminated in the last ten years with appropriate contact information. APplicant shall list any additional golf related operations currently under contract and the remaining length of those contracts. VIII. PERSONNEL REQUIREMENTS Proposals shall include a list of the applicants anticipated personnel to be employed in the Pro shop and the qualifications and duties for each position. If a person other than the applicant is intended to be the Head Pro present, then that shall be specified in the proposal. Operator is expected to employ at least one other fulltime professional with sufficient knowledge and experience to provide quality golf instruction. The City expects the current full time staff at the Ukiah Municipal Golf Course, other than the Pro, to be given first priority for hire by the incoming applicant or to be retained for a reasonable period of time to be negotiated in the agreement. IX. RIGHT OF REFUSAL The City of Ukiah reserves the right to reject any and all proposals; to waive any irregularities and to accept the proposal that appears to be in the best interest of the City. 6of7 EXHIBIT B INSURANCE REQUIREMENTS Pro shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Pro, his agents, representatives, employees or subcontractors. A. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. Insurance Services Office from number GL 002 (ed. 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001). 2. Worker's Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. B. MINIMUM LIMITS OF INSURANCE Pro shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. C. DEDUCTIBLES AND SELF-INSURED RETENTIONS Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce'or eliminate such deductibles or self- insured retentions as respects the City, its officers, officials, employees and volunteers; or the Pro shall procure a bond guaranteeing payment of losses and related investigations, Claim administration and defense expenses. D. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain, the following provisions: o General Liability and Automobile Liability Coverages a. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects; liability arising out of activities performed by or on behalf of the Pro, products and completed operations of the Pro, premises owned, occupied or used by the Pro, or automobiles owned, leased, hired or borrowed me Fe Ge by the Pro. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. b. The Pro's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Pro's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d. The Pro's insurance shall apply separately to each insured' against whom claim is made' or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Pro for the City. 3. All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. ACCEPTABILITY OF INSURERS Insurance is to be placed with insurers with a Best's rating of no less than A:VII. VERIFICATION OF COVERAGE Pro shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms provided by the City. Where by statute, the City's workers' compensation related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted. All certificates and endorsements are to be received and approved by the City before work commences. -The City reserves the right to require complete, certified copies of all required insurance policies, at any time. SUBCONTRACTORS Pro shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. SAMPLE AGREEMENT FOR GOLF PROFESSIONAL AND GOLF COURSE CONCESSION SERVICES THIS AGREEMENT made and entered into this of 2005. by and between the City of Ukiah, a Municipal Corporation. Hereinafter referred to as ',CITY" and hereinafter referred to as "CONTRACTOR" consists of the following mutual covenants, conditions and promises: WITNESSETH WHEREAS, the CITY owns the Ukiah Municipal Golf Course an eighteen hole public facility with a Pro Shop, clubhouse, food and beverage service, and surrounding grounds located at 599 Park Blvd., Ukiah, CA; and WHEREAS, it is the desire of the CITY to contract for Golf Professional and Golf Course Concession Services at the Ukiah Municipal Golf Course as herein described; and WHEREAS, the CITY has solicited proposals for the services as set forth herein; and NOW, THEREFORE, IT IS AGREED AS FOLLOWS: CITY hereby grants CONTRACTOR the exclusive rights to Golf Professional and Golf Course Concession services, as described herein, at Ukiah Municipal Golf Course. RECITALS . The parties are entering into a contract whereby the Contractor will continue to manage and operate the Pro Shop, subject to the terms and conditions specified below. AGREEMENTS In consideration of the terms and conditions contained in this Agreement, the parties hereto agree as follows: 1. TERM. The initial term of this Agreement shall commence upon execution of this Agreement and shall expire on ,2007. The term of this Agreement may be extended for two (2) additional periods of two (2) years each commencing on the expiration of the initial or extended term upon the mutual agreement of the parties. The foregoing may be exercised by the Contractor delivering to the City, at least ninety (90) days prior to the expiration of the initial or extended term, written notice of request for such extension. If such notice is not so given, the foregoing extension prOvision shall terminate and no longer be of any force or effect. The extension of the term of this-Agreement pursuant to the foregoing shall be subject to a review of the method and manner by which the Contractor has met the terms and conditions of this Agreement. Contractor and City may agree to adjust those terms and conditions which, from experience, indicate a need for revision in order to facilitate and enhance Contractor's service to the general public. All terms and conditions which are not revised shall remain in full force and effect upon an agreement to extend this Agreement. 2. PRO SHOP SUBLEASE. City hereby subleases to Contractor the Pro Shop. For the purposes of this Agreement, the Pro Shop shall include the sales area of the clubhouse and exterior deck area which are more particularly shown on Exhibit A attached hereto. Contractor shall use the Pro Shop only for the management and operation of the Golf Course, and the sales and rental of golf related products and for no other purpose. 3. INDEPENDENT CONTRACTOR The CONTRACTOR'S relationship to the City in the performance of this Agreement is that of an independent contractor. The personnel performing services under this Agreement shall at all times be under the Contractor's control and exclusive direction, and shall be employees of the Contractor, and not employees of the City, and shall not be entitled to the benefits provided by the City to its employees, including but not limited to pension plans, health insurance and unemployment insurance. 4. EQUAL EMPLOYMENT OPPORTUNITY In connection with the execution of this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during their employment without regard to their race, religion, color, sex or national origin. Such actions shall include but not be limited to the following: advertising, layoff or termination, rates of pay or other forms of compensation. 5. OBLIGATIONS OF CONTRACTOR a. Contractor shall manage, operate and supervise play on the Golf Course, including but not limited to: Manage all pro Shop operations including collection and accounting of daily greens fees, categorical recording of rounds played, and selecting and acquiring all golf related merchandise and supplies for retail merchandising adequate to respond to demand. Develop and implement critical business systems including but not limited to scheduling all tournaments/events and daily tee times, collecting all fees, preparing and submitting audits, completing asset inventories, developing personnel management procedures consistent with City policy, paying all taxes and license fees, and providing quarterly reports and accounting of business activity to the City. Operate and maintain a fleet of cads adequate to respond to demand for public rental. Maintain rental sets of men's, women's, and youth golf clubs and push carts adequate to respond. Maintain a pro shop lounge area that shall include (at a minimum) seating, tables, and one large screen television with cable/satellite programming. Develop a complete golf instruction program and employ at least one other fulltime golf professional with sufficient knowledge and experience to provide quality golf instruction. Develop and implement a comprehensive junior golf development program. In cooperation with the City, develop implement a comprehensive marketing st'rategy for promotion of the golf facility including but not limited to promotion of special group and tournament play programs and recruitment of out of area play. Particularly during iow play periods. Act as liaison between the City and various golf organizations affiliated with the golf course and actively representing the City to the public in matters related to the Golf Course and its operation. Actively coordinate golf activities with golf course maintenance to minimize interference with play and smooth administration of tournaments and special events. Provide professional advice, oversight and recommendations for course maintenance activities and improvements. · Prepare and submit an annual operation budget for the operation of concession and lesson activities. Provide limited food and beverage concessions and develop a plan for the operation of a full service food and beverage facility on site. In cooperation with the City, develop of a full service practice range facility on or off-site. Maintain appropriate insurance in accordance with Exhibit "B" of the attached sample agreement. · Enforcement of all rules and regulations which are adopted by the City Council, which rules and regulations so long as they remain in effect shall be deemed to be incorporated herein and by reference made a part of this Agreement. · Regulating the rate of play and play and conduct of the players in such a way as to provide for the safety of the player and others. · Daily policing of the Golf Course through a regularly scheduled marshalling program at key times, minimizing slow play and preserving order, including keeping off trespassers, preventing injury to the Golf Course by players and others. · Preventing any person from playing without first having paid green fees unless otherwise directed by City. · Acting as starter of play, and supervising cart usage. · Keeping the Golf Course and practice area open for play during a schedule of reasonable hours approved by City. · Administration of liability insurance program for privately owned carts on the golf course. b. Rental Carts. Contractor shall provide and maintain at its sole expense a fleet of golf carts adequate to respond to demand, including tournaments, including the responsibility for the following: · Assigning the golf cart to the proper individual. · Instructing the renter how to use the cart properly, and enforcing proper usage on the Golf Course. · Directing the renter to and from first and tenth tee as needed. · Requesting driver's license or other suitable identification from renter as a deposit. · Moving carts in and out of proper housing daily. · A thorough washing of each cart as frequently as needed · Fuel for carts. · Proper repair of body damage to carts. · 90% of all carts must be operable at all times. · Proper maintenance each time cart is brought in to ensure safe mechanical condition. c. Other limitations Contractor shall not do any of the following without having first obtained the written consent of City thereto, which the City in its sole discretion may deny: · Install or permit installation or use of any vending machine, pinball machine or similar equipment. · Attach, hang, or otherwise affix any sign or advertising matter anywhere on the Golf Course. · Allow any newspaper rack or other object to be placed and maintained outside of the Pro Shop whether attached thereto or freestanding, or anywhere on the Golf Course. · Permit vendors to display or sell goods, wares or merchandise either within the interior or exterior of the Pro Shop, or anywhere on the Golf Course. d. Standard of Performance Contractor agrees .to provide a high standard of performance in the execution of all obligations and duties as herein provided, particularly with respect to service given directly to the publicizing the golf course. The City reserves the right through the office of the City Manager to instruct the Contractor as to the standard of performance when deemed necessary. e. Contractor Employees Contractor shall retain at all times on the premises during hours of operation a manager who is experienced in the operation of golf courses, is an employee of Contractor and is authorized to represent and act for Contractor in matters pertaining to the exercise of the requirements hereby stated and to the performance of the duties and obligations required in this agreement. Contractor shall keep City informed in writing of the status of key positions. Contactor shall hire no employee without approval of City. Employees of Contractor who have contact with the public shall be clean, courteous and neat in appearance and demeanor at all times. Contractor shall at all times have sufficient personnel at the premises to provide a level of service customary in the industry. Within ten (10) days following receipt of written notice from City that a particular employee of Contractor is not satisfactory to City for whatever reason, Contractor shall dismiss that employee forthwith. f. No Preferential Treatment. Contractor shall not grant any preferential treatment to any individual or group of individuals, including but not limited to granting of starting time or playing privileges, except as authorized in the rules and regulations adopted by the City. All Complimentary rounds of play must be approved by City in writing prior to granting by Contractor. 6. PAYMENTS BY CONTRACTOR a. Definition of Gross Revenue The term "Gross Revenue" as used in this Agreement shall mean the gross selling price of all products and services sold or rented in or from the Pro Shop or Golf Course by Contractor, its employees, sub-contractors or agents, whether for cash or on credit, without exclusion, except as specifically excluded by this subsection or as otherwise agreed to in writing by City. Gross Revenue shall include the value of all products or services given away or traded. Gross Revenue shall not include sales and use taxes collected from customers. The term "Merchandise Gross Revenue" as used in this Agreement shall mean all Gross Revenue attributable to the sale or rental of products or merchandise. The term "Cart Rental Gross Revenue" as used in this Agreement shall mean all Gross Revenue attributable to the rental of golf carts, with the exception of money received from outside tournament cart rentals which do not generate profit to Contractor. The term "Golf Lesson Gross Revenue" shall mean all Gross Revenue attributable to golf lessons given at the Golf Course or Driving Range. b. Amount of Payments In consideration of the Sublease of the Pro Shop and the right to operate the Golf Course, Contractor shall pay to City the following percentages of Gross Revenue as defined above: percent ( percent ( percent ( percent ( %) of Merchandise Gross Revenue %) of Golf Cart Gross Revenue %) of Golf Lesson Gross Revenue %) of Food and Beverage Gross Revenue (if included) c. Time of Payment. Contractor shall make the payments to City on a quarterly basis. Each payment shall be received by City not later than 30 days following the end of each quarter. Contractor shall submit a statement together with each payment showing the total amount of Gross Revenue by category for the previous month. If Contractor fails to pay any amount when due, Contractor shall also pay City a late charge in the amount of ten percent (10%) of the amount due plus interest on such amount at a rate of one and one-half percent (1-1/2%) per month or the maximum amount permitted by law, whichever is less. Contractor may make the foregoing payments more frequently than monthly at its option. '7. PAYMENTS BY CITY. a. Greens Fees In consideration of the operation of the Golf Course by Contractor, City shall pay to Contractor the sum of percent (%) of gross revenue received from greens fees. Payment shall be made within thirty (30) days following the close of each quarter. b. Reimbursement of Credit Card Fees City shall reimburse Contractor for commercially reasonable credit card processing fees paid by Contractor to credit card companies relating only to customers who pay green fees by credit card. Contractor shall submit a claim for such reimbursement together with documentation from the credit card companies showing such processing fees. Claims shall be submitted quarterly. City shall reimburse Contractor within thirty (,30) days following receipt of the properly documented claim by Contractor. 8. FEES AND PRICES. Green fees, reservation fees, and tournament fees (collectively "Golf Fees") shall be fixed by a resolution of the City Council adopted from time to time, which resolution, so long as it remains in effect, shall be deemed to be incorporated herein by reference and made a part of this Agreement. Other fees and prices, including, but not limited to, cart rental fees, merchandise prices,~ food and beverage prices, and lesson fees shall be set by Contractor but in any case shall be comParable to those of other public golf courses in the area. 9. RECEIPT OF REVENUE. a. Register of Receipts All Gross Revenue, including but not limited to all Golf Fees, Merchandise Gross Revenue, Food and Beverage Gross Revenue, Cart Rental Gross Revenue, and Lesson Gross Revenue shall be processed through cash registers and in the manner prescribed by City. b. Deposits All Golf Fees shall be deposited daily in accordance with written instructions provided by City. Such deposits shall include all cash received together with the amount of all checks and credit card payments, even if Contractor has not yet cashed the checks or received payment from the credit card companies. Contractor shall not be entitled to any payment or credit as a result of any check that cannot be cashed or any credit card payment that is not honored by the credit card company, as such risks of non-payment are assumed by Contractor. c. Fiduciary Responsibility Contractor shall hold in a fiduciary capacity, and not make any personal or other use of Golf Fees, or the portion of other gross revenue required to be paid by Contractor to City, received or collected by Contractor. d. Errors 'Contractor shall be responsible for any shortages in monies collected on behalf of and required to be paid to City. e. Access Without Fee Contractor shall not allow any person to play golf, take golf lessons, use a golf cart, or use any facilities of the Golf Course who has not first paid the prescribed fees, unless otherwise agreed to in writing by the City. f. Activity Reports Contractor shall prepare and deliver to City a monthly report of the number of rounds played by each class of players and the amounts collected for each class of player. 10. ACCOUNTING AND FINANCIAL STATEMENTS. a. Financial Record Keeping. Contractor shall install and maintain a system of records and accounts in a form approved by the City, from which the amounts of fees, gross revenues from all sources, and other financial data necessary to fulfill the requirements of this AGreement readily can be ascertained. Contractor shall permit City, through its designated representatives, to inspect and audit such accounts and all other records of Contractor at any time upon demand. On or before the 15th day of each month during which this Agreement remains in force, Contractor shall deliver to City a statement showing the tQtal amounts of money collected or received by Contractor from all sources during the preceding calendar month. b. Accountinq. Contractor shall keep true and accurate books and records showing all transactions related to the operations covered by this Agreement. Contractor, within ninety (90) days after the close of each fiscal year of July 1 through June 30 ("Fiscal Year") for the term of this Agreement, shall provide the City in a form satisfactory to the City, an accounting of all transactions related to the operations covered by this Agreement during the preceding Fiscal Year. The accounting shall include, but not be limited to, all Gross Revenue by type. The Contractor shall furnish a written statement and an opinion directed to the City prepared by the Certified Public Accountant that the payments of the preceding year have been made within the terms and conditions of this Agreement and that all revenues are completely and accurately reported. Such statement shall contain a list of the revenues as shown upon the books and records of the Contractor which were used to compute the payments to the City during the period covered by the statement. Contractor shall also provide within ninety (90) days after the close of each Fiscal Year for the term of this Agreement a copy of the Federal Income Tax return filed for that year. c. Financial Statements. The City may require complete financial statements for the operations covered by this Agreement satisfactory in form to the City, prepared by a Certified Public Accountant with an unqualified opinion annexed thereto including, but not limited to: · Comparative balance sheets if available; · Comparative operating statements if available; · Changes in investment in property and equipment; · Changes in Contractor's equity. Such financial statements shall be submitted to the City within ninety (90) days following the last day of the Fiscal. Year covered by the City's request, and shall include a written statement directed to the City prepared by the Certified Public Accountant that the payments to the City of the year covered by the City's request have been made within the terms and conditions of this Agreement. City agrees that said financial statements shall be submitted on a confidential basis and shall not be disclosed to third parties unless required by statute or regulation. 11. MAINTENANCE. a. City Responsibility City shall be responsible for the maintenance of the Golf Course grounds and ancillary buildings, and the exterior of the Pro Shop and Clubhouse, including, structural and mechanical equipment. City shall also provide once daily maintenance on the Pro Shop restrooms and furnish and pay all costs in connection with janitorial supplies within the pro Shop. b. Contractor Responsibility Provide routine custodial maintenance of the Pro Shop including but not be limited to cleaning of windows (inside and outside), floor coverings and walls, and the routine maintenance to ,include but not be limited to maintenance of electric lights, keeping all locks and fasteners and other interior furnishings, equipment, and fixtures in a state of repair. Contractor shall keep the Shop in a clean and sanitary condition and reasonably free from rubbish at all times to the satisfaction of City which expressly retains and reserves the right to inspect the Shop at all times by and through its authorized representatives. Contractor further agrees to provide for the security of the Pro Shop and keep lavatories open at all times the course is open for play or the pro Shop is open for business. 12. CONDITIQN QF PREMISES. Contractor agrees that neither City or City's agents have made any representations or promises with respect to the physical condition of the Pro Shop, the Golf Course, parking lots, cart storage, revenues or expenses of the operation, or any other matter related to the Golf Course and associated facilities except as herein expressively set forth in the provisi°ns of the Agreement. Contractor agrees that neither City nor any agent of the City has made any representation or warranty as to the suitability of the Pro Shop for the conduct of the Contractor's business. 13. HAZARDOUS MATERIALS. a. Definition As used herein, the term "Hazardous Material" shall mean any waste, material or substance (whether in the form of a liquid, a solid, or a gas and whether or not air-borne), which is or is deemed to be a pollutant or a contaminant, or which is or is deemed to be hazardous, toxic, ignitable, reactive, corrosive, dangerous, harmful or injurious, or which presents a risk, to public health or to the environment, or which is or may become regulated by or under the authority of any applicable local, state or federal laws, judgments, ordinances, orders, rules, regulations, codes or other governmental restrictions, guidelines or requirements, or any amendments or successor(s) thereto. b. Hold Harmless Contractor and City shall indemnify, defend and hold harmless the other party and its officers, officials, employees and agents with respect to all losses arising out of or resulting from the release of any Hazardous Material in or about the Golf Course, or the violation of any Environmental Law, by that party or that party's agents, contractors, or invitees. This indemnification' includes all losses, liabilities, obligations, penalties, fines, claims, actions (including remedial or enforcement actions of any kind and administrative or judicial proceedings, orders, or judgments), damages (including consequential and punitive damages), and costs (including attorney, consultant, and expert fees and expenses) resulting from the release or violation. This indemnification shall survive the expiration or termination of this Agreement. c. Allowable Materials Contractor shall not use or bring onto the Golf Course any Hazardous Material other than Hazardous Materials commonly used for the operation of vehicles and equipment. Contractor may use other Hazardous Materials for the maintenance of the Golf Course only with the prior written consent of City. Contractor shall use, store and dispose of all such Hazardous Material in strict compliance with all applicable statutes, ordinances and regulations in effect during the term of this Agreement. 14. WASTE. Contractor shall not use, or suffer or permit any person or persons to use the Pro Shop or Golf Course in any manner that will tend to create waste or nuisance or will unreasonably disturb the operator of the clubhouse restaurant and snack bar. 15. PROMOTION OF FACILITIES. Contractor shall, in good faith and with all reasonable diligence, use its best efforts, suitable advertising and other means, to promote the use of the facilities covered by this agreement. Cost for such promotional activities shall be equally shared by City and Contractor 16. PARKING. Contractor shall have the non-exclusive right to use the existing golf course parking lots for guest and employee parking. City reserves the right to establish reasonable regulations concerning the location of employee parking within such lots. 17. FURNISHINGS AND EQUIPMENT. Contractor shall furnish the following in connection with the operation of the pro Shop: High quality fixtures, counters, showcases, equipment and other interior furnishings or devices required to operate the Shop as may be necessary which items shall be approved by City prior to their installation; provided that prior to exercising any rights or privileges under this Agreement, the Contractor shall file with City a signed inventory of all furnishings and equipment owned by Contractor, which inventory shall be maintained on a current basis. The foregoing items shall be maintained by Contractor in good condition and working order and shall be replaced as necessary to keep such items at a high level of quality. · An adequate stock of golf merchandise, supplies and equipmen, t for sale. · Furnish an adequate supply of golf clubs and other golf equipment for rent in connection with the operation of a first-class course. 18. TAXES. a. Definition. As used in this Agreement, the term "Taxes" shall include any form of tax or assessment, possessory interest tax, license fee, license tax, tax or excise on rent, or any other levy, charge, expense or imposition (individually and collectively "impositions") imposed by any Federal, State, County or City, on any interest of Contractor in the Golf Course or Pro Shop, its improvements, fixtures, inventory, or any other aspect of its business. b. Payment of Taxes by Contractor. Contractor shall pay all taxes attributable to the Pro Shop and related facilities when due and payable. In the event any such Taxes are not separately assessed against the Pro Shop, such Taxes shall be prorated by multiplying the entire cost of such Taxes by a fraction, the numerator of Which is the gross area of the Pro Shop and the denominator of which is the gross leasable area of the entire clubhouse. Pursuant to Section 107.6 of the Revenue and Taxation Code, City hereby advisesl and Contractor recognizes and understands, that this Agreement does create a possessory interest subject to property taxation and that the Contractor will be subject to the payment of property taxes levied on such interest. Contractor shall pay taxes directly to the Assessor on or before the date such taxes are due and payable. .19. INSURANCE. Contractor shall at all tines during the term hereof, produce and continue in force Comprehensive General Liability Insurance, Automobile Insurance, Property Insurance and Workers' Compensation and Employer's Liability Insurance in accordance with Exhibit "B" of this agreement. City may require increases in all of Contractor's insurance policy limits for all insurance to be carried by Contractor as set forth in this Article, if such increases are commercially reasonable. Neither party shall be required to carry earthquake insurance. 20. WAIVER OF SUBROGATION. Contractor and City hereby waive and release any and all right of recovery against the other, including employees and agents, arising during the Term for any and all loss or damage to any property located within or constituting a part of the building in which the Pro Shop located, including loss of rental, which loss or damage arises from the perils covered by Fire and Extended Coverage Policy to the extent such loss or damage is not within a deductible and is actually paid under the policy. This mutual waiver is in addition to any other waiver or release contained in this Agreement. City and Contractor shall each have their insurance policies issued in such form as to waive any right of subrogation which might otherwise exist. 21. INDEMNITY Contractor shall indemnify, defend, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of. litigation) of every nature occurring at the Pro Shop, Golf course, or arising out of or in any way connected with Contractor's operations under this Agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of City. Contractor shall promptly notify City or any death, serious injury or substantial property damage occurring on or about the Golf Course or Pro Shop. City shall not be liable to Contractor for any damages to Contractor arising from any act or neglect of the operator of the restaurant, banquet facilities and snack bar located in the ClubhouSe. 22. UTILITIES. City shall pay forty (40%) percent of the utilities, including electric, sewer, and water for the Pro 'Shop and Clubhouse. Contractor agrees to pay sixty (60%) of utilities, including electric, water, and sewer for the Pro Shop and Clubhouse as well as all charges for CATV, and any other utility services used exclusively in and upon the Pro Shop during the entire agreement term, and shall maintain all equipment utilized with respect to said utilities in good working order, at its sole expense. This section shall apply only to such Pro Shop related uses and not for Golf Course uses, which are on separate utility meters. Currently electricity used in the Pro Shop is on the same meter as the remainder 'of the Clubhouse. City shall provide Contractor with a written claim together with documentation of Contractor's share of each monthly utility bill. Within fifteen (15) days of receipt of such properly documented claim, Contractor shall pay City the amount of such claim. Contractor shall contract directly with all other utilities for any necessary service. Regardless of the entity which supplies any of the Contractor's Utilities or provides any service referred to ir~ this Agreement, City shall not be liable in damages for any failure or interruption of any utility or service, unless caused by an act or omission to act of City. No failure or interruption of any utility or service, unless caused by City, shall entitle Contractor to terminate this Agreement. 23. REPAIRS AND MAINTENANCE. a. Contractor's Duties. Contractor shall, during the term of this Agreement (except for normal wear and tear, damage by casualty or condemnation, and that caused by City) maintain and keep in good order, condition, and repair the interior nonstructural portions of the Pro Shop, including all improvements constructed by Contractor therein, including, but not limited to, the following: the interior surface of exterior walls; all windows, doors, door frames, and door closures; all plate glass, storefronts and showcases; all carpeting and other floor covering; and all interior plumbing and sprinkler systems, doors, door locks, display windows, window casements, light bulbs, installed therein. Contractor shall as necessary, or when required by governmental authority, make modifications or replacements of the foregoing. The parties acknowledge that the premises are public property which the City has a responsibility to ensure are used in a manner which effectively serves the public. Accordingly, the City has a greater interest than most owners in ensuring the quality of the maintenance and operation of the premises. At all times, Contractor shall maintain and operate the Pro Shop and all other facilities and services offered in connection therewith in a first-class manner, and furnish and maintain a standard of service at least equal to the better class of similar businesses during the entire term of this agreement. Contractor shall keep all fixtures, furnishings and equipment within those portions of the facility occupied by Contractor clean, neat, safe, sanitary, in good order and in first-class condition and repair at all times. Contractor shall maintain and operate the Pro Shop in accordance with the highest commercial standards of cleanliness and shall keep the Pro Shop and surrounding deck clean and free from rubbish. b. City Duties. City shall, at its sole cost and expense, maintain, repair and replace the following: the foundation, roof, roofing, building exteriors, and structural portions of the Pro Shop. City shall repair any damage or defects caused by the negligence of City, its agents or contractors, or by any previous City work done improperly. Contractor shall give City notice of such repairs as may be required under the terms of this Article, and City shall proceed forthwith to effect the same with reasonable diligence, but in no event later than thirty (30) days after having received notice. c. Right of Entry. In the event of emergency repairs, Contractor hereby grants to City the right to enter upon the Pro Shop at any time for the purpose of making such repairs. 24. ALTERATIONS. a. Prior Consent Contractor shall not, without City's prior written consent, make any structural alterations, improvements, or additions of a structural nature, or exterior design modifications in, or install any exterior signs, decoration or painting, or build any fences, or install any radio or television antennae, loud speakers, sound amplifiers or similar devices on the roof or exterior of the Pro Shop, or make any changes to the exterior of the Pro Shop or any of the surrounding areas (hereinafter "Alterations") without City's prior written consent. b. Proposal for Improvements Any alterations in or about the Golf Course or Pro Shop that Contractor shall desire to make and which require the consent of City shall be presented to City in written form for conceptual approval. If conceptually approved, Contractor shall submit proposed detailed plans. City shall respond to any such submission promptly within thirty (30) working days after receipt. If City fails to respond within such thirty-day period, Contractor may give City ten (10) days written notice of its intention to proceed with the proposed alteration. If City fails to respond within such ten-day period, City shall be deemed to have given its consent to the proposed alteration. If City shall give its consent, the consent shall be deemed conditioned upon Contractor acquiring a permit to do the work from appropriate governmental agencies, the furnishing of a copy thereof to City prior to the commencement of the work and the compliance by Contractor of all conditions of said permit in a prompt and expeditious manner. c. Quality of Work All work with respect to alterations must be done in a good and professional manner and diligently prosecuted to completion to the end that the improvements on the Golf Course or Pro Shop shall at all times be a completed unit except during the period of work. Any such alterations shall be performed and done strictly in accordance with the laws and ordinances relating thereto. Contractor shall have the work performed in such a manner so as not to unreasonably obstruct the access of any other Contractor in the Building. 25. MECHANICS LIENS. a. Responsibility for Payment Contractor hereby agrees that it will pay or cause to be paid all costs for work done by it or caused to be done by it on the Pro Shop, and it will keep the Pro Shop free and clear of all mechanics' liens on account of work done by Contractor or persons claiming under it. b. Security If Contractor shall desire to contest any claim of lien, it shall furnish City adequate security of the value or in the amount of the claim pursuant to Section 3143 and such other applicable provisions of the California Civil Code, plus estimated costs and interest, or a bond of a responsible corporate surety in such amount as is necessary to release the lien, or provide City with evidence that enforcement of the lien is stayed. If a final judgment establishing the validity or existence of a lien for any amount is entered, Contractor shall pay and satisfy the same at once. c. In Case of Default If Contractor shall be in default in paying any charge for which a mechanics' lien claim and suit to foreclose the lien have been filed, and shall not have given City security to protect the Golf Course or Pro Shop and City against such claims of Lien, then City may, but shall not be obligated to, pay the said claim and any costs, and the amount so paid, together with reasonable attorneys' fees incurred in connection therewith, shall be immediately due and owing from Contractor to City, and Contractor agrees to and shall pay the same with interest at the Default Rate. d. Notice of Lien Should any claims of lien be filed, against the Golf Course or Pro Shop or any action affecting the title to such property be commenced, the party receiving notice of such lien or action shall forthwith give the other party written notice thereof. 26. DAMAGE AND DESTRUCTION. In the event of the partial or total damage or destruction of the building of which the Pro Shop is a Part during the Term or any extensions thereof, from any cause, City shall, to the extent of the proceeds available to City, forthwith repair and reconstruct said building to substantially the same condition which said building was in immediately prior to such damage or destruction, provided such repairs or reconstruction can be made under then existing laws and regulations. Notwithstanding anything to the contrary, in the event the Pro Shop is (1) partially or totally damaged or destroyed by a. cause or casualty other than those covered by said insurance and the City does not elect to repair such damage at its sole cost, or (2) the Pro Shop is partially or totally damaged or destroyed by any cause at any time during the last two (2) years of the Term hereof (including any Option Terms, if exercised), or (3) in the event the building in which the Pro Shop is situated is damaged or destroyed by any cause or casualty to the extent that more than thirty-three percent (33%) of the replacement cost thereof at the time of such damage or destruction is uninsured, then either party may elect to terminate this Agreement by giving notice of such termination within ninety (90) days after the occurrence of such damage or destruction. Provided that with respect to the occurrence of an event specified above, if either party elects to terminate this Agreement, the other party shall have thirty (30) days after receipt of such notice of termination to notify the other of its election to repair and rebuild l0 the buildings and other improvements so damaged or destroyed at its cost and expense in which event this Agreement shall not be terminated, such repairs and rebuilding to be performed as soon as reasonably possible. Unless this Agreement is terminated as provided above, and Contractor shall continue the operation of its business during any period to the extent reasonably practicable from the standpoint of prudent business management; provided that the payments by Contractor shall be reasonably reduced by City 'in proportion to the extent that Contractor is deprived of the use of the Pro Shop. 27. CONTRACTOR DEFAULTS. The occurrence of any one or more of the following events shall constitute a material default and breach of this Agreement by Contractor: a. Material default and breach: (1) Any failure by Contractor to make any payment to City required hereunder as and when due where such failure continues for ten (10) days after receiving written notice from City of such failure. (~2) The abandonment of the Pro Shop by Contractor. The failure of Contractor to occupy the Pro Shop for any 24-hour period s~all be deemed an abandonment and vacation except when prevented by fire, earthquake, war, strike or other calamity beyond its control. (3) A failure by Contractor to observe and perform any other provisions of this Agreement to be observed or performed by Contractor, where such failure continues for thirty (30) days after written notice thereof by City to Contractor; provided, however, that if the nature of such default is such that the same cannot reasonably be cured within such thirty (30) day period, Contractor shall not be deemed to be in default if Contractor shall within such period commence such cure and thereafter diligently prosecute the same to completion. (4) Repeated violations of the same provision of this agreement for an unreasonable number of times. Contractor shall be deemed to have committed a repeated violation for an unreasonable number of times if Contractor fails to perform the same provision more than ten times over the course of this agreement and each time City gives Contractor notice of such violation, even if Contractor subsequently cures the violation. (5) The' making by Contractor of any general assignment for the benefit of creditors; the filing by or against Contractor of a petition to have Contractor adjudged a bankrupt of or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Contractor, the same is dismiSsed within sixty (60) days); the appointment of a trustee or receiver to take possession of substantially all of Contractor's assets located at the Golf Course or Pro Shop, or of Contractor's interest in this Agreement, where possession is not restored to Contractor within thirty (30) days; or the attachment, execution or other judicial seizure of substantially all of Contractor's assets located at the Golf Course or Pro Shop or of Contractor's interest in this Agreement, where such seizure is not discharged within thirty (30) days. b. In the event of any such default by Contractor, then in addition to any other remedies available to City at law or in equity, City shall have the immediate option to terminate this Agreement and all rights of Contractor hereunder by giving written notice of such intention to terminate. If City so terminates this agreement, then in addition to any other remedies available to City at law or in equity, Contractor shall pay City's reasonable costs in providing interim operations and in obtaining a new operator of the Pro Shop, Golf Course and Driving Range. c. In the event of any such default by Contractor, City shall also have the right, with or without terminating this Agreement, to re-enter the Pro Shop and take possession of the subject premises, including all improvements, equipment and inventory thereon, remove all persons and property therefrom by summary proceedings or otherwise; such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Contractor. d. City may terminate this Agreement upon five (`5) days' written notice to Contractor if the Golf Course Maintenance Contract with Professional Golf Operations expires or is terminated. 28. CITY DEFAULTS. If City should be in default 'in the performance of any of its obligations under this Agreement, which default continues for a period of more than thirty (,30) days after receipt of written notice from Contractor specifying such default, or if such default is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (,provided City must have undertaken procedures to cure the default within such thirty (`30) day period and diligently pursue such efforts to cure to completion), Contractor may, in addition to availing itself of any other remedies available at law and in equity, at its option, upon written notice, terminate this Agreement. 29. SURRENDER OF PREMISES. Upon expiration or termination of this Agreement, Contractor shall.quit and surrender the Pro Shop with all the improvements thereon in as good state and condition as the same were when possession thereof was given to Contractor, reasonable wear and tear excepted, in good condition. Upon expiration or termination 'of this Agreement, Contractor agrees, unless otherwise permitted in writing by City, to remove all personal property belonging to Contractor. Contractor shall, at its own expense, repair all damage to the Golf Course or Pro Shop including, but not limited to, any damages caused by the removal of its personal property. All improvements shall remain the property of the City and shall not be removed by Contractor. All personal property belonging to the City or purchased with City funds shall remain the property of the City and shall not be removed by Contractor. 30. SUBORDINATION. Contractor shall, upon City's request,-subordinate this Agreement in the future to any first lien placed by City upon the Golf Course or Pro Shop or building of which the Pro Shop forms a part with an insurance company, bank or any other institutional lender, provided that such lender executes a nondisturbance agreement providing that if Contractor is not then in default under this Agreement, this Agreement shall not terminate as a result of the foreclosure of such lien, or conveyance in lieu thereof, Contractor's rights under this Agreement shall continue in full force and effect and its possession be undisturbed except in accordance with the provisions of this Agreement. 31. ASSIGNMENT. Contractor acknowledges that City has entered into this Agreement based upon the unique qualifications of Contractor. Accordingly, Contractor shall not assign this Agreement, sublet the Pro Shop, enter into franchise, license or concession agreements with respect thereto or otherwise transfer this Agreement or any interest, right or obligation therein (`collectively "Assignment" or ".Assign!')..w~thout_first pr. ocudng ..tbel wdtte, n_ co.n_sen, t.. o_f __City: _City_r._e_s _e_~_es.._th.e_r!_gh_t _t~o~ rea§_o _n~bly or unreasonably refuse to consent to such an Assignment. City agrees not to unreasonably refuse to consent to such an Assignment. 32. NOTICES. Whenever under this Agreement a provision is made for any demand, notice or declaration of any kind or where it is deemed desirable or necessary by either party to give or serve any such notice, demand or declaration to the other, it shall be in writing and either served personally or sent by registered mail or certified mail, return receipt requested, with postage prepaid, addressed to Contractor or City, as the case may be, at the following address: Contractor City of Ukiah Attn: City Manager 300 Seminary Avenue Ukiah, CA 95482 Either party may by like notice at any time and from time to time designate a different address to which notices shall be sent. Notices shall be effective upon receipt or the date of refusal to accept delivery. 33. SALE. Notwithstanding anything contained herein to the contrary, City may assign, in. whole or in part, City's interest this Agreement, and may sell all or part of the Building. In the event of any sale or exchange of the Golf Course or Pro Shop by City and/or an assignment by City of this Agreement, City shall be and is hereby entirely freed and relieved of all liability under any and all of its covenants and obligations contained in or derived from this Agreement arising out of any act, occurrence or omission relating to the Golf Course or Pro Shop or to this Agreement occurring after the consummation of such sale or exchange and/or assignment, provided such purchaser or exchange has aSsumed City's obligations under this Agreement. 34. WAIVER OF BREACH. One or more waivers of a breach of any covenant, term or condition of this Agreement by either party shall not be construed by the other party as a waiver of a subsequent breach of the same covenant, term or condition. The consent or approval of either party to or of any act by the other party of a nature requiring consent or approval shall not be deemed to waive or render unnecessary consent to or approval of any subsequent similar act. 35. RELATIONSHIP OF PARTIES. Nothing herein contained, either in the method of computing rent or otherwise, shall create between the parties hereto, or be relied upon by others as creating, any relationship of partnership, association, joint venture, employer/employee or otherwise. The sole relationship or the parties hereto shall be that of an independent contractor. 36. LAWS OF CALIFORNIA. The laws of the State of California shall govern the validity, performance and enforcement of this Agreement. Should either party institute legal suit or action for enforcement of any obligation contained herein, .it is agreed that the venue of such suit or action shall be in Contra Costa County. 37. INTEGRATION OF REPRESENTATIVES. It is understood that there are no oral agreements or representations between City and Contractor which affect this agreement. This agreement supercedes and cancels any and all previous agreements, negotiations, arrangements, advertisements, or representations and understandings between the City and Contractor or displayed to Contractor by city with respect to the Golf Course or Pro Shop operation. There are no other representations or warranties between the parties 38. TITLES. The titles of Articles and sections herein are for convenience only and do not in any way define, limit or construe the contents thereof. 39. VOID PROVISIONS. If any provision of this Agreement shall be determined to be void by any court of competent jurisdiction, then such determination shall not affect any other provisions of this Agreement and all such other provisions shall remain in full force and effect; and it is the intention of the parties hereto that if any provision of this Agreement is capable of two constructions, only one of which would render the provision valid, then the provision shall be the meaning which renders it valid. 40. FORCE MAJEURE. Any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, inability to obtain labor or other materials or reasonable substitutes therefore, governmental restrictions, governmental regulations, governmental controls, enemy or hostile governmental action, civil commotion, fire or other casualty, and other causes beyond the reasonable control of the party obligated to perform any term, covenant or condition of this Agreement, shall excuse the performance by such party for a period equal to any such prevention, delay or stoppage except the obligations imposed with regard to rental and other charges to be paid by Contractor pursuant to this Agreement. 41. TIME IS OF THE ESSENCE. Time is of the essence in the performance of each provision, of this Agreement. 42. COMPLIANCE WITH GOVERNMNET REGULATIONS. Contractor shall promptly comply with all Fire Code, Building Code and State Fire Marshal requirements and make necessary corrections in a timely manner. Contractor shall include Fire Safety as part of the training program for new employees, especially managers. In addition, Contractor shall promptly comply with all laws, ordinances, orders, and regulations promulgated by any governmental agency and affecting the Golf Course or Pro Shop and their cleanliness, safety, occupation and use. Failure to comply which results in three or more citations for any one condition in any twelve-month period from any governmental or regulatory agency or body will be deemed to be cause for termination of this agreement without opportunity to cure such default. Contractor shall not perform any acts or carry on any practices that may damage the facilities and improvements located upon the Golf Course or Pro Shop or that may be a nuisance or menace to customers. 43. INSPECTIONS. City or its duly authorized representatives, or agents and other persons for it, may enter upon the Pro Shop at any and all reasonable times during the term of this agreement for the purpose of determining whether or not Contractor is complying with the terms and conditions hereof or for any other purpose incidental to right of City. 44. INTEREST IN OTHER COURSES. Contractor shall not have any financial or other interest in the control, operation or promotion of any other golf course, driving range or golf establishment within a twenty (20) mile radius of the City of Ukiah. This prohibition shall apply to Contractor and any member of his immediate family--namely, his wife or any child residing in the same household as Contractor and who is partially supported by Contractor. 45. ORGANIZATIONS. Contractor shall not become an officer or member of any golf club or organization of golfers formed or to be formed at the Golf Course or in any organization in which participation would conflict with the orderly and efficient operation of the course, and particularly in the granting of starting time or playing privileges. 14 46. AUTHORITY. Contractor shall have no authority to bind and shall not attempt to bind, City to any contracts or other obligations of any nature. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. City of Ukiah: Attest: City Manager City Clerk Approved As To Form: City Attorney Lessee: By: Its: Candidate Name: City of Ukiah Oral Interview Rating Sheet Attachment Date' January 17, 2006 Position Applied For: Golf Professional for the Ukiah Municipal Golf Course Rater's Name: Evaluation of candidates is to be made on the basis of the factors listed below. We ask that you rate each performance dimension as it relates to the job at the city of Ukiah and the particular candidate. Space is provided below for you to note important points and impressions. You may find it helpful to initially give a tentative rating to the first candidate until you have interviewed others. Our central concern is whether you, if you were workinq for the City of Ukiah and/or as a customer, would hire a Riven ca_._~ndidate. At ~he end of the day we ask that you enter a score on the Evaluation Form and rank each applicant in numerical order. RATING FACTORS EDUCATION: Does the applicant meet the education requirements for this position? EXPERIENCE: Does the candidate posses an appropriate amount of experience for this position? COMMUNICATION SKILLS' Does the candidate understand the questions, make direct replies, select, organize and present ideas with clarity and appropriateness of language? ANALYTIC SKILLS: Does the candidate demonstrate analytical skills in making decisions by using the best available facts; breaking them down into essential components and examining their relat onships? MENTAL ALERTNESS: Does the candidate respond quickly and logically and transfer a thought or idea to others in a clear, concise and appropriate manner? USE OF COMMON SENSE: Does the applicant demonstrate good use of common sense in dealing with pressure situations; making effective logical decisions? INTEREST: Does the applicant demonstrate interest and enthusiasm in the position? - SELF CONFIDENCE: Is the applicant relaxed and at ease and demonstrate strong confidence in him/herself? FRIENDLINESS: Does the applicant demonstrate a naturally friendly manner? Philosophy and Concept of Operations Goals and Overall Approach. Are the goals clear and consistent with the community's desires? Do they make good business sense? Customer Service: Is the applicant's approach to customer service desirable and appropriate? Does the applicant have a strong history to support the success of his/her approach? Budget Development and Fiduciary Responsibilities: Does the applicant have sound methods? Experience? Business Practices and Methods: Are these practices and methods compatible and desired? Does the applicant have the aptitude and experience to successfully imp ement? Methods and Philosophy for Evaluating Services: Does the applicant have strong employee management skills? Does the applicant have a method for self evaluations? Relationship with the City and Advisory Committees: Does the applicant demonstrate a strong desire for these relationships? Does the applicant have experience with these type of re ationships'~ Marketing Strategies and Approach: Does the applicant demonstrate an understanding of who the customer is? Does the approach include a diverse approach and incorporate new techno ogies'~ Not Recommended 0-69 Qualified 70-79 Well Qualified ~0-89 Superior 90-100 Philosophy and Methodology for Providing Specific Programs Marshalling. Program and Rate of Play Use of Private Carts on the Course ~ Fee Structure Development Instructional Programs Discount Programs, Play Incentives, etc. Senior Play and Related Discounts Junior Programs Tournament Policies Pro Shop Design Dress Code for Pro Shop Staff RATING SCHEDULE: Considering the quality of the candidate's education, experience and personal qualities, and bearing in mind the duties and responsibilities of the position, how strongly can you endorse the candidate: Indicate with a numerical score. FINAL SCORE (0-100): (OVERALL IMPRESSI.ON) FINAL RANKING (1,2, or 3 with 1 being the best among candidates interviewed): Written comments are encouraged and welcomed and REQUIRED for candidates rated below 70. ~OMMENTS: ATER'S SIGNATURE Golf Professional Intervie~v Questions: 1 Opening Statement: a. As previously indicated, you have up to ten minutes for an opening statement? 2. Education and Experience: a. Please describe your education and experience as it relates to this position? 3. What has attracted you, both professional and personally, to this position is Ukiah? 4. What steps have you taken to prepare your written and oral presentations? 5 Goals and Overall Approach. a. Describe your goals and overall approach to operations of golf facilities with a specific reference as to how these goals apply to Ukiah? b. What are the greatest strengths of our course? c. What are the greatest weaknesses of our course? 6 Customer Service a Please describe your customer service philosophy? b. Recently the Press Democrat published an article on poor customer service at local golf courses. Is the criticism justified and if so what do you perceive to be the problem? c. What would you do to ensure good customer service from your employees? d. If we were to perform a background check, what is the best and worst thing your current or pervious employer would say about you? e. What improvement do you have planned for the Pro Shop? 7. Budget Development and Fiduciary Responsibilities a What to you perceive to be your budget development and fiduciary responsibilities? b With the growing availability of quality discounted merchandise from big box stores, the internet and large specialty retailers, is there a place for site specific golf pro shop merchandise? c. What steps would you take to ensure competitive pricing of product, including green fees, instruction, food and beverage and merchandise? d. What systems and/or policies would you implement to ensure the proper collection and accounting of sales? 8 Business Practices and Methods a. What are the essential elements ora good business plan for the Ukiah Municipal Golf Course? b. What steps would you take to implement these practices and methods? 9 Methods and Philosophy for Evaluating Services: a. How would you ~neasure success for our operations? 10. Relationship with the City, Advisory Committees, and General Public: a. Lets for a minute consider the relationship between the Pro, City and Golfers. At times these relationships can be tested, especially during the consideration and discussion of fee increases and maintenance activities Please describe your role in these discussions? 11. Marketing Strategies and Approach: a. Who do you believe is our target customer at the Ukiah Municipal Golf Course? b. Over the past decade, the golfing industry has experience a declining trend in number of rounds played. What would you do to establish more interest and players for our course? c. What role do discounts and play incentives have within your marketing plan? 12. Philosophy and Methodology for Providing Specific Programs a. How important do you feel a marshalling program is for the course? And what would be the elements of the program that you plan to implement? b What is your view of private carts at the Ukiah Municipal Golf Course? Should the program be phased out or should it be limited? c What type of instructional programs would you implement? Who would administer and/or teach these programs? d What experience do you have with tournaments? What would your role be with private tournaments? 13 Closing Statement and any questions of the committee. GOLF P PROPOSAL FOR ROFESSIONAL SERVICES UIC, IAH 1931 MUNICIPAI~ GOLF COURSE CITY OF UKIAH Submitted by: Jimmy Stewart/Frank Johnson, Tayman Park Golf Group, Inc. TABLE OF CONTENTS TAB 1- ORIGINAL PROPOSAL & LETTER TAB 2- PROFILES TAB 3- MEN'S & WOMEN'S CLUB ENDORSEMENTS TAB 4- MARKETING TAB $- BUSINESS SYSTEMS TAB 6- JUNIOR GOLF PROGRAM TAB 7 - OTHER ITEMS GOLF P PROPOSAL FOR ROFESSIONAL SERVICES 1931 UKIAH MUNICIPAl, GOLF COURSE CITY OF UKIAH Submitted by: Jimmy Stewart/Frank Johnson, Tayman Park Golf Group, Inc. layman Park Golf Course "7'h¢ golf course with Sonoma County's most picturesque Home Of "The Clubhouse," A Sonoma County Landmark Marie LiIvila, City Clerk City of Okiah 300 Seminary Avenue Ukiah, CA. 95482 Dear Ms. Ulvila, Subject: ,RFP ti E26174, Golf Professional Following receipt of the City of Ukiah Request for P~sal for Golf Professional ~ .: sSaer~v~c~e~s_,~.m._y__p_arSn_ ~ Fr ,ank Jo~ ~hnson and. I .m_ ade.~~sits' ?'.'discuss this .RFP with' M~. s~ oaugtatzomo, tJ~rector o~commumty Serv~c~d v~s~t the Ukiah 'GOlf COurse.. j, Having played Ukiah GolfCourse many times in, e:past amt~dise~Singi~th::'~i Sangiacomo hoW the City & G°lfCourse.funcfions,'the VariO~?gr0uPs that interact with the g°lf course and its operations, and'the stated goals of the Cityb( ah.to., al. 7 ..i 'driving i'=ge, food service and devel°p/implement/ProfessionalizecriO~..b?~ ~i?i~!;;.: - i'sYsten~s; I canSee the-SYnergY.that exists between what yoU'are deSir~g:t-d re~ ~: '~ '" ~:' ~'~'YO~:g°lfO~.'rafionS' ~fh fioWand inlhefu~tUr~ and what we h~V0'~i~..:~d:~[~i --'~ .'-.:...'.:?.::T,~.'.-man_pa~.[Golf Course in Hea!dsbt.u-g. aud Our desire t° d~':~j~~~:~ I fe.e!-the experience we lmve is crucial in helping the Ci, of Ukiah cr~:ii}e ~'~-i~ a v~s~on for the Ukiah Municipal Golf Course that will result in Financial stability for the golf operations by attracting new pl.ayers mud keeping the existing golfers satisfied and coming out to play. As a brief sm~ana .fy of the Ice>' points, ~ would like to re. view the following items. 1. How the CiD' of U~dsk functions -the Ukiah Golf Operation repons to the Director of Co~u&E¥ Se~ices, wNch is the same reporting s~ctme as we have in Healdsburg. We therefore understand the needs of a Director in overseeing a Golf Com'se Operation. In addition, we would l&e to implement a weeny tour of the golf course with the Dkector of CommuN~ Se~'ices, the Golf Professional and Golf Com'se Mainten~ce Supervisor to make sure that the course is maintained in the best possible condition ~qd that priorities cm~ be · ~ ..... t~s~u, n,.~mta~e~ .... ,.v~ d~ budget requirements/consn.aints to e!~sure ., 927 Fitch Mountain Road, Healdsburg, California 954't8 707.'t33.'1275 · Fax 707.'133.78'16 ° www. taymanparkgolf, com , o . o that the players will have the best possible golf experience. Various Groups Involved With the Golf Course - the Men's & Women's Clubs in coordination with the Parks, Recs & Golf Commission is a major key to the success of the Ukiah golf operation. Without the cooperation from these groups, success is near to impossible. This is very similar to Healdsburg where our Men's Club is comprised of 5 generations and we must cater to the desires of all - without losing the focus of what we are trying to accomplish, a financially sound operation & a great golfing experience for all of our players. Driving Range - a driving range is the key to the future and long term financial stability of the golf operation and the development of the game in Ukiah - through adding new players and junior golfers/programs, particularly the First Tee program (www.thefirsttee.org). As a sidenote, Tayman Park Golf Course is the home of the First Tee Program in the North Bay Area and I would plan to bring this program immediately to Ukiah should we be awarded the contract. Having worked previously for the Robert Trent Jones and Ron Fream Golf Course Design companies, the experience gained there enabled me to design and build a driving range in Healdsburg, and I would employ the same strategy here. This would start with a development of an overall golf course masterplan study to see where the best driving range location would be that would maximize access while minimizing construction costs (from a quick initial look, perhaps this would be down holes 7 & 8, with two holes added on the back nine to replace these holes?). Again, a masterplan study would identify this, along with any other future course improvements. Due to the critical nature of this project, this process should begin immediately upon completion of negotiations. Full Food & Beverage Service with Banquet Room - a cost benefit study along with use analysis would be carried out to examine the conversion of the existing Community Room into a full service F & B operation with Banquet capabilities. Extreme care and caution must be exercised here as many a golf course operation has lost money by developing this side of the business as the high conversion costs and ongoing labor costs of a restaurant operation, can easily exceed revenue, if one is not very careful. Development/Implementation of Critical Business Systems - after careful research about three years ago we settled on Crescent Systems at Tayman Park Golf Course as our computerized accounting and POS system. Through this we are able to take tee time reservations, track rounds, breakdown rounds played, handle all F & B transactions, keep track of inventory, etc., all of which are posted daily to the general ledger for accounting purposes. From a marketing standpoint, our website at Tayman Park is maintained by Legendary Marketing. This is much more than a website as we have the capability to track people who come to our site, offer special deals on the site & change our offerings constantly, contact our customers through email blasts and in the future offer on-line tee time reservations. We would recommend the same systems be implemented at Ukiah and we would plan to do this if selected. For your information, Tayman Park Golf Group, Inc. is a corporation and all information submitted in this proposal is true and accurate. If you have any further questions after reading this proposal or you would like to visit our current golf operation in Healdsburg, please do not hesitate to contact me at (707) 799- 4263. Thank you for allowing us to be a part of this process. Sincerely, Jimmy Stewart · --Owner/Operator, Tayman Park Golf Group, Inc. Schedulc/Tim etable The schedule/timetable for the implementation of key actMties is outlined on the spreadsheet on the next page. The timeframe shown is from 2005 -2007. This schedule/timetable starts with the Proposal Review & Negotiation phase and presumes that a contract would be signed by the end of January 2006. The reason that speed is of the essence is to allow set up of the Golf Operations to be carried out over the slower month of February with any problem areas being worked out in early March before play begins to pick up in late March/April. During this time existing policies will be reviewed with the appropriate groups, and if necessary refined after these conversations with the Director of Community Services, Parks, Rec 8,: Golf Commission, and/or appropriate group. As the driving range is such a key component to the long term financial stability of the Ukiah Golf Course, upon setup of the golf course operations a golf course masterplan study will be immediately carried out. Once the plan is completed, the timeline for this review is totally dependent on the City and other interested groups, however, ! have attempted to show how fast this process can move if the will is there. I have also assumed that 2-3 new holes would have to be constructed in order to place the driving range near the present clubhouse. Time must be allowed for these replacement holes to be constructed and grow-in before driving range construction can begin which places actual commencement of driving range operations at late summer/early fall 2007. If in the masterplan process another opportunity presents itself where construction of additional holes is deemed unneccesary, the driving range operation could open even sooner in the late winter/early spring 2007. As far as the Full F & B Study; this, too can be carried out very soon after taking over operations. However, it would be my recommendation that this project be delayed (unless the pro-forma numbers indicate otherwise) until after the driving range is completed as this will attract more people to the facility which in mm will enhance potential restaurant sales. A First Tee Junior program would be implemented immediately starting with the boy's high school team in the spring 2006. 0 0 0 0 I/1 0 0 1~1 0 E i i 0 0 t~1 0 0 0 0 0 E I ! I I Scope of Services The minimum scope of services and responsibilities that we as the operator would provide the City of Ukiah at the Ukiah Municipal Golf Course would be as follows (this is not an exhaustive list). 1. Manage all pro shop operations including collection and accounting of daily greens fees, categorical recording of rounds played, and selecting and acquiring all golf related merchandise and supplies for retail merchandising adequate to respond to demand. 2. Develop and implement critical business systems including but not limited to scheduling all tournaments/events and daily tee times, collecting all fees, preparing and submitting audits, completing asset inventories, developing personnel management procedures consistent with City policy, paying all taxes and license fees, and providing quarterly reports and accounting of business activity to the City. 3. Operate and maintain a fleet of carts adequate to respond to demand for public rental. 4. Maintain rental sets of men's, women's, and youth golf clubs and push carls adequate to respond. 5. Maintain a pro shop lounge area that shall include (at a minimum) seating, tables, and one large screen television with cable/satellite programming. 6. Develop a complete golf instruction program and employ at least one other fulltime golf professional with sufficient knowledge and experience to provide quality golf instruction. 7. Develop and implement a comprehensive junior golf development program. 8. In cooperation with the City, develop and implement a comprehensive marketing strategy for promotion of the golf facility including but not limited to promotion of special group and tournament play programs and recruitment of out of area play, particularly during low play periods. 9. Act as liaison between the City and various golf organizations affiliated with the golf course and actively representing the City to the public in matters related to the Golf Course and its operation. 10. Actively coordinate golf activities with golf course maintenance to minimize interference with play and smooth administration of tournaments and special events. 11. Provide professional advice, oversight and recommendations for course maintenance activities and improvements. 12. Prepare and submit an annual operation budget for the operation of concession and lesson activities. 13. Provide limited food and beverage concessions and develop a plan for the operation of a full service food and beverage facility on site. 14. In cooperation with the City, develop of a full service practice range facility on or off- site. 15. Maintain appropriate insurance in accordance with Exhibit "B" of the attached sample agreement. 16. Enforcement of all rules and regulations which are adopted by the City Council. 17. Regulating the rate of play and play and conduct of the players in such a way as to provide for the safety of the player and others. 18. Daily policing of the Golf Course through a regularly scheduled marshalling program at key times, minimizing slow play and preserving order, including keeping off trespassers, preventing injury to the Golf Course by players and others. 19. Preventing any person from playing without first having paid green fees unless otherwise directed by City. 20. Acting as starter of play, and supervising cart usage. 21. Keeping the Golf Course and practice area open for play during a schedule of reasonable hours approved by City. 22. Administration of liability insurance program for privately owned carts on the golf course. Philosophy of Operations Description of the applicant's goals and overall approach to operation of golf facilities with specific reference as to how these goals apply to Ukiah - in my introduction letter I have stated that golf operations of Ukiah Municipal Golf Course and Tayman Park Golf Course in Healdsburg are very similar in many ways. Both are City rrm golf courses where we must keep the public happy with their golfing experience and City Government informed. The scope of services outlines our responsibilities and this combined with an emphasis on excellent customer service while carrying out these services promotes an excellent all round operation. Delineate the applicants approach to customer service and relationships with local golf groups affiliated with the golf course. State specific examples of past experience. - Even though this is a municipal golf course, we want to have our customer service feel like our patrons are at a "private country club for the day." This starts with the Head Pro who then instills the same ethic in his staff. As far as relationships with local golf groups, I have outlined this in my cover letter where the relationship with the Men's Club, Women's Club and Parks, Rec & Golf Committee is critical for the success of the golfing operation. Our Healdsburg Men's Club is a prime example of this, as without their input and involvement our operation could be no where near as successful as we are. I want to emphasize that like Healdsburg, these Men's Club are unlike most golf courses. There are 5 generations in the Healdsburg Men's Club and it takes time and diplomacy to achieve excellent results. Describe the methods and basis for budget development and fiduciary responsibility - using the Crescent Systems computer software for a golf course operation, budgets are made from a revolving average of the last 5 years of operations. Actual vs. budget numbers are then reviewed on a weekly, monthly, quarterly basis and adjustments made accordingly to ensure budget numbers are achieved or exceeded. Describe business practices and methods - again the Crescent Systems computerized software program is key in monitoring the business. Periodic checks are made during the day checking the number of people on the tee sheet and on the course with cash or credit card tickets. Daily reports are printed out and the cash register balanced to these daily summaries. Any discrepancies are therefore handled immediately and this is then followed by daily deposits being made at the bank. Merchandise purchased is tagged and scanned into the system and placed on the racks with monthly physical inventories carried out to ensure accurate counts. Additionally, a bookkeeper balances the bank statements on a monthly basis for accuracy, making sure that all daily deposits coincide with the daily/monthly computer reports. All of this can be done on-line through Crescent Systems and v,~¥',¥.;2oton-~v~c.cor~ and can be accessed by the City if desired as well. Describe methods and philosophy for evaluating services - setting job descriptions and goals for employees and having periodic reviews to ensure they are being met. Haxqng meetings with Director of Community Services, Men's & Women's Club, talking to golfers and getting feedback from them on how we are doing. Describe the applicant's anticipated relationship with the City and any advisory committees - The Golf Operation reports to the Director of Community ServiceS just like we do in Healdsburg. There would be a weekly meeting/inspection with the Head Golf Professional, Director of Community Services and the Golf Course Maintenance Supervisor to ensure that no details are being missed. There would also be regular meetings with the Park, Rec & Golf Commission to keep everyone informed and working together. Describe marketing strategies and approach - use the City Utility billings, the Parks &' Rec mailings/brochures to keep everyone informed of specials and other programs. A golf course website (visit wwYv~.tavmanp~.rkgolf, com as an example) created by Legendary Marketing would also be created so that a database of people can be developed to keep people informed of specials and other things going on at the golf course, as well as monitoring trends of those who visit our website. This will be an excellent resource to help tie in to the local hotels, B&B's and other businesses to attract any visitors, guests and/or tournaments. Provide a description of your philosophy towards and methodology for providing the following programs: Regarding the following items, 1. Marshalling program and rate of play 2. Use of private carts on the course 3. Fee structure development 4. Instructional programs 5. Establishment of discount programs, play incentives, resident priority, and comps. 6. Senior play and related discounts 7. Use of facility by schools and development of junior programs 8. Tournament policies 9. Pro shop design and dress code for golf professional staff we are very familiar with each of these. For items 1-8 as every golf course and community is slightly different, an analysis of what is currently going on for each of these items at Ukiah Municipal Golf Course would be performed and the needs reviewed with the appropriate people- the Director of Community Services, Men's & Women's Clubs, Parks, Rec & Golf Committee, School teams, etc. and where deemed necessary. Regarding item 9; we would look carefully at the layout of the proshop in order to maximize the use of space and look at trying to serve any alcoholic beverages from a different location as to the golf check in area, in order to avoid any conflict with junior golfers and those who are underaged. Nametags would be provided for staff and a dress code would be implemented for all staff. Experience 1998 to present: Tayman Park Golf Course, Healdsburg - lease contract (30 years remaining) for the management of the golf course operations for the Community Services Department - pro shop, driving range, banquet hall, F & B Operations, golf course maintenance. Personnel Requirements Frank Johnson, Head Golf Professional, Class A PGA Member, 1997. Club Corp Management Training Program & Management experience. Curtis Wood, Assistant Professional, PGA Apprentice. Graduate - San Diego Golf Academy. Jimmy Stewart, Head Golf Professional, Golf Course Architecture & Design experience as Former COO - Robert Trent Jones II Golf Course Design Company & Ronald Fream's Golfplan. First priority for other positions will be given to existing Ukiah Municipal Golf Course personnel or they will be retained for a reasonable period of time to be negotiated in the Agreement. References Robin Goodman- former Director of Community Services, City of Healdsburg, 2000- 2005 (now Parks & Rec Director, City of Lathrop), Tel. (209) 941-7362, (209) 941-7362 (cell) Lori Moore, current Community Services Department Supervisor, City of Healdsburg, Iel. (707) 431-3302 Neil Smart- former Director of Community Services, City of Healdsburg, 1998-2000, Yel. (707) 849-8702 Eddie Gokan, current Director & former Club Captain, Healdsburg Men's Club, Tel. # (707) 799-0465 Mark Gleason, former Mayor, City of Healdsburg, Tel. (707) 575-3121 Ext. 17 Tom Peterson, Commissioner- Parks & Rec Commission, City of Healdsburg, Tel. (707) 433-8208 All addresses for the above people can be directed to the City of Healdsburg, 401 Grove St., Healdsburg, CA. 95448 Date: 1/9/06 To: Sage Sangiacomo, City. of Ukiah From: Jimmy Stewart/Frank Johnson Dear Sage, I wanted to clarify one point of our proposal for the Golf Professional Services at the Ukiah Municipal Golf Course. We, of course, have a company for tax reporting purposes, but, - Frank and I are not a management company. - Frank and I are not interested in becoming a management company. - Frank and I are golf professionals who run the Tayman Park Golf Course in Healdsburg. Why do we operate as a team? It is because we both have complementary skills that help enhance a golf operation. What interested us, in the first place, in your request for proposal were the similarities between the Ukiah Municipal Golf Course and the Tayman Park Golf Course operations, their close proximity (only 35 minutes away), and the same improvements that we have already brought to Tayman Park that you are hoping to bring to Ukiah by changing your golf professional services. These improvements are: - Additional attention, care & incentives for a very active Men's & Women's Club. - Working closely with the Community Services Department to help the City achieve their recreational goals. - An upgrade in business systems to a computer driven POS, Tee sheet and Accounting system that is accessible on-line and provides daily accountability. - Implementing a year round junior golf program. - Developing a masterplan study for future course improvements. - Adding a driving range to enhance the golf operation including bringing new players to the game & provide an additional revenue source. - providing the marketing & operational savvy to help develop new revenue streams & increase play so that the golf course reserve funds can be built back up. If you ask us who are we getting to run our golf course operations, the first answer is that you are not getting a management company! You are, however, getting both Frank and myself, because it is going to take both Frank's and my complementary, skills to accomplish the goals, outlined above, that you have laid out for us to achieve. You will have Frank or myself on sight at Ukiah Municipal Golf Course as much or than any normal golf operation, w/th a particular emphasis on any Men's, Women's or special Club events. Of course, like any operation we will have assistants that work with us just like your current golf set up, but we were not planning on nmning Ukiah with assistants and sitting back from afar and letting Ukiah run on its own. That is why there are two of us and if we did not think we could do an excellent job we would not have responded to your request for proposal. What Frank and I will guarantee is overall service that does promote the feeling of being at a "private country club for a day" and we look forward to the challenge of giving you a golf operation you can be proud of. We feel we have the track record of doing this at Tayman Park and we know that we can do the same, and even better, at Ukiah. We also look forward to restoring the home and home matches between Ukiah and Healdsburg that were such a fun part of the yearly golf calendar in the past. One last item, in closing, our website address at Tayman Park has changed to ,.x '~'x~ .tr~,', manl'.-~ri.:.~tvi ~'c,vc:~'sc'.-.co:~.~ should you wish to visit it for an overview of the type of web presence we would create for Ukiah Municipal Golf Course as well. Should you have any questions, please do not hesitate to contact us at 799-4263. ~incerely. // ./,~ ./'-')/' ,. ].~ ... ' A. ./ i ~mmy Stewart Fr~ Jo~s FRANK PGA /~4emloer JOHNSON 927 SOUTH FITCH MOUNTAIN RD HEALDSBURG, CALIFORNIA 95448 T 707 433.4275 C 707 291.1474 PROFILE Frank Johnson, a native of Northern California is the Director of Golf at Healdsburg's Tayman Park Golf Course. A PGA class '%' Golf Professional, Frank previously managed the San Leandro Golf Complex, a 27 hole facility that yearly §enerated golf rounds in excess of riO,000. Under his direction the San Leandro Golf Complex was voted as one of Americas "top 100 golf shops" three years running and helped graduate future Golf Professionals to PGA Membership. Club Corp of America soon followed with a stop as Operations Director at the Rancho Solano Golf Course in Fairfield and a chance to continue high quality education by enrolling in Club Corp of America's Advanced Managemeht Training Program. Today, he and his partner Jimmy Stewart have taken over operation of Tayman Park Golf Course, owned by the City of Healdsburg, and have been making steady improvements since 1999. Among the changes that have helped revive this historic property were: Improved irrigation, the building and design of three holes, and a three tiered driving range to promote future growth of the game to all who want to learn it. As a result of the renovations, local golfers have been coming back regularly to play the course and is attracting attention from players who live all over the Bay Area and beyond. To Whom It May Concern Frank Johnson & Jim Stewart have operated Tayman Park Golf Course since 1999. During that time we have seen great improvements in the golf course and service here. The relationship they have with our Men's Club is also excellent. They attend our meetings, give us input on the golf course, listen to our suggestions and even serve our Christmas dinner with their staff as a sign of appreciation to the Men's Club and our members. Having also previously been a member of the Ukiah Men's Club and understanding how you all operate their, I think Frank and Jim would be an excellent fit for your golf operation there. If you would like to talk with me further about Frank & Jim, you can reach me at 799- 0465. Sincerely, Eddie Gokan Former Men's Club Captain & Current Member- Healdsburg Men's Club HEALDSBURG WOMENS GOLF CLUB Healdsburg Womens Golf Club Committee Dear Six or Madam: The last seven years have seen a transformation of our historic course in Healdsbu.tg due to Jim Stewart and Frank Johnson's experience, professionalism and demeanor which have had both a stablizing and' prospering effect on our \¥bmen's Golf Club. No longer are the days of Golf Professionals coming and going with each spring. As Golf Captain for 2006, I am looking forward to working with both Jim and Frank this ),ear in continuing to promote growth and stability, within our active group of women. Sincerely, / , · Val Croton Hea]dsburg Y~'omen's Golf Captain 007) 43~.~0S3 927 S()U'l'll F}'I'C}I MOUNT,\IN R()AD · III(AI.I)SBL:R(;. CA. · 95448 }'ll()Nr:.: 707 433.4275 · FAX: 71~7 433.7846 i iiiii /i fI ! · -a >.. ? r-- > E u ~j 0 ~ E I.egendary Marketing SmartSite Admin Page I of 2 Top Pa,~e$ Report Time Per,od: ]July 2005 ~ ("' Graph ~ Table Page Name Pa;lei Percent Home · 1,1 14 32.77% Free Golf ,. 309 9.09% Rates 293 8.62% Weddings 213 6.27% Course 210 6118% Driving Range 146 4.30% Home Continued 137 4.03% News 105 3.09% Lessons 100 2.94% Scorecard Og 2.91% Shopping Cart 94 2.77% Outings 82 2.41% Contact Information $7 1.68% Direction 55 1.62% Membership 49 1.44% Specials 46 1.35% Events 36 1.06% Pro Shop 32 0.94% Coupons 26 0.76% Request a Wedding 20 0.59% Packages & Tournament Menu 19 0.56% History 16 0.47% Newsletter Signup 1.5 0.44% Request a Lesson 1S 0.44% Staff Bios 14 0.41% Members Login 13 0.38% Contact Us 13 0.38% Members Area 13 0.38% Request an Outing 12 0.35% Golf Articles 8 0.24% t4embers Directory 6 0.18% Calendar 6 0.18% Request an Event 4 0.12% Request a Membership 4 0.12% Member News 2 0.06% Media 2 0.06% Build Page 9 1 0.03% Refer a Friend 1 0.03% Member Calendar 1 0. t33% Build Page 8 1 0.03% Tournament Manager 1 0.03% Build Page 7 1 0.03% L~nks 1 0.03% Golf 1 0.03% Build Page 6 1 0.03% Practice Facilities 1 0.03% Build Page $ 1 0.03% Industrial League Information 2005 1 0.03% Shopping Cart Polioes 1 0.03% Build Page 10 1 0.03% http://smartsites, legendarymarketing.com/admin2.1/reports_top_pages, php 1/17/2006 Legendary Marketing SmartSite Admin Page I of I ~trie, s in Newsletter $~n E-mail Entries ! - !1 out of 11 Search c First Name c' Last Name Email N~me Date IS6139,5".excite.[on~ , Cliff Wilkins , 8/13/2005 - 10:16 PM ~-.,:'antrall,!~sbo;Iobal.net Barbara Bristol 7/19/2005 - 07:20 PM vo~tjn~?~otrnalt.com John Vogt 6/18/2005 - 12:07 PM ~nfo(~.'~golfhnks.com 5/4/2005 - 11:36 PM p~hegre.¢j~aol.com Julie Greenwalt 5/3/2005 - 05:02 PM k3. ntique@somc.r~et Kaye Rogers 4/24/2005 - 12:04 AM l)olokrucker@)comcast.net Bob Krucker 4/12/2005 - 11:28 AM ~hojokrucker,.'.,~comcast.net Bob Krucker 4/12/2005 - 11:26 AM ,hnjc:krucke~ Q'.,comc:ast.net Bob Krucker 4/12/2005 - 11:26 AIM bo]okrt]cker(O,corncast, net Bola Krucker 4/12/2005 - 11:13 AM evanste>@pacbel!.net Melinda Evans 3/19/2005 - 08:02 PM http://smartsites.legendarymarketing.com/admin2, l/contact_point_user_profile.php?for... 1/17/2006 Run: 2/05/06 9:55AM Account Date Tayman Park Golf Course Daily POS Transactions by G/L Account January 1, 2005 Description Date Range 1/01/05 To 1/01/05 Amount 103500 103500 104000 104000 131000 215000 218000 2180OO 401100 402000 403000 404000 405100 405500 4O6000 5010O0 1/01/05 1/01/05 1/01/05 1/01/05 1/01/05 1/01/05 1/01/05 1/01/05 1/01/05 1/01/05 1/01/05 1/01/05 1/01/05 1/01/05 1/01/05 1/01/05 Cash - NBR Main Account - Cash Cash - NBR Main Account - Check Cash - NBR Mgr's Operating - Amex Cash - NBR Mgr's Operating - MC/Visa Inventory - Shop Sales Tax Payable Gift Certificates - Credit Book Gift Certificates Golf- Green Fees Golf - Cart Fees Merchandise Sales Range Income Restaurant Food Sales Restaurant Liquor Sales Restaurant Beer Sales C-OoS Merch Inventory Purchases Total: 213.00 1,059.00 12.00 1,071.00 -53.00 -11.18 77.99 -2,020.00 -105.00 -28.00 -83.71 -120.00 -3.72 -5.58 -55.80 53.O0 0.00 Page: 1 of 1 · Run: 1/16/06 Class # 10:15 AM Description Tayman Park Golf Course Sales Analysis By Class (Totals Collapsed) Quantity Sales Class Range: I to 989 Date Range: 1/01/05 to 1/01/05 Cost Cost Margin 1 3 11 15 24 25 31 33 80 100 110 115 125 850 WD Gr. Fees 9 WE Gr. Fees 9 Misc. Rounds Junior WE 9 Cart Fees Range Fees Golf Gloves Golf Shoes Misc & Sundries Food Soft DdnldBev Beer Liquor Administrative 1 5 1 2 5 17 1 1 2 1 2 29 2 7 $12.00 $75.00 $0.00 $18.00 $28.00 $120.00 $11.16 $45.49 $27.06 $0.93 $2.79 $55.80 $5.58 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $6.50 $46.50 $0.00 $0.00 $0.00 $0.00 $0.00 SQ00 58.2% 102.2% Report Totals' Sales $401.81 Cost: $53.00 Margin 13.19% Page: 1 of 1 Z Z Z Z ~ 666 8,88 o o o Fr :Te I St e® 2004 Thc F ..... · First Te .(,-,..,.-?) ~ 5\r'St ,_.cc Firsi" Tee' The First Tee To IMPACT THE LIVES OF YOUNG PEOPLE BY PROVIDING LEARNING FACILITIES AND EDUCATIONAL PROGRAMS THAT PROMOTE AND ~ :; VALUES THROUGH THE GAME OF GOLF. In 1997, thc \Vorld Golf Foundanon created Thc First Tee to ~nu-oducc young people of all backgrounds to the game of ?!f-by creating affordable and accessible golf facilities for tlq~>~c who had not previously had exposure to thc game and ~ts positive values. The First Tee continued to evolve, so did its mission. The pr:n~arv locus of Thc First Tee expanded into giving Foung pcopie of all backgrounds an opportunity to develop, through g{~lt-alld character-education, life-enhancing values such as }:o~icsty, integnU' and sportsmanship. and it is mqplemented by trained coaches as well as volunteers at learning facilities of Tine First Tee. The Life Skills Experience is a unique component of The First Tee that sets ~t apart fi'om most youth development programs. It ,,,,'as created as part of thc Life Skills Education, along with The First Tee Coach Pi'ogram (details be]ow), to teach character -education and insn]l core values in participants around the world. As of 2004,The First Tee has introduced golf and life skills to ntore than 350,000 young people at over [70 learning facilities worldwide. In 2t.?(C),The First Tee, along \vlth a team of experts ~n thc t]cld of youth development and golf, created a curriculum fbr teaching character-education through specific life' skills. 'I his curriculum is called ']-he F~rst Tee Life Skills Experience, ;~{' -.~ ,.~,. Life Skills Education " ..~:5 "'"x""N' Individuals, communities and organizations interested m learning more about The First Tee, can visit www. thefirsttee.org or call (904) 940-4300. FffSt 'Tee Target - Introduction to The First Tee; promotes safe and fun experiences that introduce golf and life skills at a baseline level. Par - Emphasizes communication skills and self-management. Birdie - Emphasizes goal setting. Eagle - Builds on Par and Birdie Levels and also emphasizes resistance skills, conflict resolution and planning for the future. Ace - (In development) Offers advanced coaching and practice in many of the life skills introduced in the Par, Birdie and Eagle Levels. Coach-i~;-Trainir,,g - (Phases t, Each coach is r'equi~-ed to participate of training and complete additiorxe~ requi~-emer,ts r'elated to p~-act:~cat ex. perie~ce. The Fir'stTee Coach - R, ecognition for completion of all three phases of tile C. oachqll~mraining pro:ess. Recognized coaches,_,~'"rT, he [: ...... -ct 7e.o FTltJSt folffli ongoing continuirrg educatio:~ requirements. The FirstTee P~aster Coach -Special designation awarded for c.~r ~oing e:,:cc!!cnce iii deliveriqg thc L',fe Si:ills Fxpe?ience as we!! as involvement ir~The Fir'st Tee program enhancemerm Participant Results 264 total participants ] ]5 participants entering the Par Level of The First Tee Life Skills Experience 149 non-participants of similar demographics w~th no involvement in The First Tee A 47% IMPROVEMENT from pre- to post-test indicated that Par Level participants increased their knowledge and understanding of important life skills, such as communication, respect, a positive attitude, self-manage- ment and goat setting. This result allowed the researchers to ~nvestigate if the specific life skills taught bv The First Tee can be generalized to non-golf settings. The Learning Assessment 470/c No Improvement Pre-Test ~ 6-8 Weeks ~ Post-Test A 5% IMPROVEMENT in approximately six to eight weeks revealed that Par Level participants increased their ,~se of general life skills, parncularly goal semng; whereas, there v:as no change in the use of general lite skills by non-participants. The First Tee Life Skills Inventory non-participants -- no change Pre-Test ~ 6-8 Weeks ~ Post-Test ~ 5% improvement ~s respectable ,.,,'hen compared to skil1 nnprovement over the salne tin;ermine in other do~nams. For exampic, th~s finding would be similar to helping a golfer lower her scoring average fi-om 8() to 76 o:' helping a math studunt improve his overall grade fkom a b to an Pamcipants were assessed using two distinct surveys: The t_earning ,5. s~sessmeflt * The Learning Assessment, which was devdoped by UNLV. asked quesnons about knowledge of specific ht-e skills taught during The First'Fcc })ar Level programming. Because the quest:OhS were specific to the Par Level, only parnc~pants of Thc F~rst Tee completed this survey. The Learning Assessment was administered at pre- and post-test, approximately 0-8 weeks apart. The Life Skdls Inventory, which was developed by UE asked questions regarding the ust of-general ht*e skflls. The F~rst Tee parnc~pants and non-participants completed th~s survey. Thc L~fe Sk~lls Inventory was admimstered at pre- and post-test, approxmxately 6-8 weeks apart. Cot~rtes~. Parent/Guardian Results During a telephone interview, parents/guardians of The First Tee participants reported dramatic IMPROVEMENT in their child's behavior after participation in Par Level programming. Observed Changes by Parents/Guardians Communication Skills Responsibility Confidence Grades In School Social Ability Data from the Life SkiLls Inventory suggested that prior to entermg Par Level programming, parucipants were no different than non- participants m their use of general life skills. However, according to parents/guardians, after completing the Par Level, participants made a significant IMPROVEMENT in their use of general life skills, particularly goa! setting. Parents/'Guardians of non-participants reported no change in their chdd's use of general life skills. 98 total parents/guardians 50 parents/guardians of The First Tee participants 48 parents/guardians of non-participants Parents/Guardians ,,,.'ere assessed by two different methods: Telephone ~nterviews ' UNLV and The Cannon Center for Survey [hesearch at UN'tV developed the telephone lntervle'w protocol. * Parents/Guardians of The FirstTee paruc~p~,nts :ook part in the telephone ~n~erviews. :' Telephone interviews were conducted ;x pos~-tes~ only. ,, ' ' : . ~ · . The Llfc Sk~i!s Inven~or,v was ,lightly mo&ficd for parent,/guardiam. Parents/Guardians of The F~rs~Tee p;wuclpants and oFnon-pamc;pants complened th~s survey. The Life Skiils Inventory was administered co oaren~;/~uard~ar;s at pre- and pos~-tcs~, approx;mately 6-~ weeks apart. One Step Ah _ THE FIRST TEE HAS DEVELOPED A STRATEGIC PLAN FOR iiii~,i~:'':',I~: :.:~::: t :~THATWILL: EnableThe First Tee PROVE participants. LTN ~ UNIVERSITY OF FLORIDA The First Tee University of Nevada, Las Vegas University of Florida The First Tee Marl< Guadagnofi, Ph.D Peter R. Giacobbi,Jr., Ph.D. The First Tee Bill Holcomb, Ph.D. The FirstTee Gabriele Wulf, Ph.D The First'Tee The Cannon Center for The Firstmee Survey Research The First Tee The First Tee The FirstTee Life Skills Educ~]tior, Development Consukant$ Tine First Tee Al Pedtpas, Ed.D. The FirscTee Director, National Football Foundation ~ent..r for The FirscTee Youth Development through Sport at Springfield College The First Tee Linda Petlichkoff, Ph.D. The Firs~:-Fee Professor, Department of Kinesiology The First Tee The First Boise State University The First Tee Peter R/an, Ph.D The First Te2 'The First The First Tee Life Skills Educ~i:ion Beth Brown, Ph.D., i_PGA r-.I -qr r ri Manager of Life Skills ~:,~u,_: _ ~ Dedric F. Hohnes Director of Life SI<ills Educ:~r. ion Participating Chapters of The First Tee The First Tee of Akron of Canton of Central Coast of Chattanooga of Chester/Delaware Counties of Chesterfield of Cooks Creel< of Fort Smith of Greater Austin of Greater Kansas City of Greater Sacramento of Memphis of Metropolitarl New'(ork of Michitan of Northeastern Illinois of Satina of Sarasoca/Manatee of Southern of'lq,mpa Bay of Vatparais,,) ' :, Coach Results e First Tee participants felt their relationship their coaches POSITIVELY changed during their participation in Par Level programming. Data From thc Trust tLating suggested that participants trusted their coaches prior to entering Par Level programnnng. Hov:ever, after com- pleting the Par Level, parncipants increased their degree of trust in coaches by 18%. Trust Rating L Pre-Test ~ 6-8 Weeks ~ Post-Test There was a POSITIVE relationship between the amount of "coaching experience" and the degree of "participant learning." Coaching experience was exainined using a demo- graphic questionnaire. Participant learning ,,vas measured using the Learning Assessment. The results revealed a moderate, positive Pelationship between The First Tee experience oF coaches and the learning of' Par Level life skills for participants. There was a POSITIVE relationship between "coaching behavior" and the degree of"participant learning." Coaching behavior was examined :hrough video analysis. Participant learning was measured using the Learning Assessment. The results indicated a strong, positive relationship between the behavior oF coaches and the learning of Par Level life skills by parncipants. These results demonstrate the eFf'ectweness oF The FirstTee Coach Building Blocks below. coaches at participating Chapters of The First Tee The assessment of coaches involved three methods: 7': c' 'F,',,.~s ~ F~ Thc Trust Rating, which svas developed by UR examined thc degree of trust that parucipants had m then' coaches. The First %e parucipants completed this survey. The Trust tkating svas administered at pre- and post-test, approximately 6-8 weeks apart. A Demographic Questionnaire · Coaches at nme Chapters of The First Tee completed th~s quest~onmnrc. · The questionnaire was adnnmstered at the approximate m~d-po~nt of the study. ~ Video ~nalysis of Coaching Behavior During The FirstTee Par Level Programming · Coaches at nine Chapters of The First%e were video taped. · The video taping of coaching behavior took place at the approxmmrc mid-point of the study. The First Tee Coach Building Blocks When delivering any Level of The First Tee Life Skills Experience, coaches Use specific coaching strategies and behaviors to reinforce The First Tee Coach Building Blocks and Philosophy. The effective utilization of coaching strategies and behaviors such as the ones listed below increase the probability that optimal learning environments are created for all participants. Doing vs. Telling: Coaches tend to"talk less," enabling participants to become involved more quickly. Fun and Seamless: Coaches create a learning environment that integrates golf and life skills singular activities, drills and games. Intention Equals Attention: Coaches keep their attention (i.e., instruction and feedback) consistent /with their intention (i.e., purpose of the lesson). f~lllBalance Process and Outcome: Coaches create learning and performance situations that facilitate s. elf-comparison rather than tom to others. Youth Centered: Coaches strive to identify and understand the agenda of participants by asking open-ended questions and listening. Relationship Focused: Coaches build rapport with participants by acknowledging them as individuals rather than just golfers. Good-Bette~-How~: Coaches provide feedback : by catching the participants "doing something right" and providing positive reinforcement. Coachable Moments: Coaches take advantage of spontaneous situations to reinforce learned life skills. 'The Good-Better-How technique is described in Marriott, L. and Nilsson, P., Golfpare__nt for the future © 2003 VISION54...Coaching for the future Inc. Used with Permission. Life Skills Education Research Summary' IN 2003,THE FIRST TEE SELECTED :..~ ':':- "~:~::',',;-'.!_7..~',. ! ,:.'.7 "..'!!~".:/~: TO CONDUCT A LARGE-SCALE, SCIENTIFIC STUDY TO EVALUATE THE ~,'.,, : OF THE LIFE SKILLS EDUCATION AND EXAMINE CHANGES IN THE LIVES OF YOUTH AS A RESULT OF THEIR PARTICIPATION IN THE FIRST TEE. · Participants of The First Tee ]earn life skills. They acquire knowledge about specific life skills taught by coaches, and they gain life skills knowledge that can be transferred to s~tuations outside the golf course setting. · The First Tee participants change their behavior for the positive. · Ikelationships between participants of The First Tee and their coaches improve with time, which ~s critical considering the s~gnificant impact mentoring relationships have on positive youth development. Based upon the entirety of the research,The FirstTee knows that the Life Skills Education is having a positive impact on the lives of participants. How the Research Was Conducted BEFORE THE FIRST TEE WAS ABLE TO MEASURE THE IMPACT OF THE LIFE SKILLS EDUCATION, AN ...... ~',, ~:.~...~:': SURVEY WAS NEEDED UNIVERSITY OF FLORIDA SURVEY DEVELOPMENT The University of Florida (UF) developed and validated a survey to test general hfe skills (Life Skills Inventory), as well as a method of measuring the degree of trust that participants have in coaches of The First Tee (Trust Rating). IMPLEMENTATION The initial step made by UF generated the primary measurement vehicle that UniversitT of Nevada, Las Vegas (UNLV) used to evaluate the impact of The First Tee Life Skills Educanon during the second step of the research process. After extensive statistical testing, the UF research findings estab- lished initial reliabilit5, and validity of the Life Skills Inventory and the Trust Rating. The in-depth results of this research, which included exan'unations of participants, parents/guardians and coaches, are revealed inside. Open Here for fha. Depth Research Results PRE P/M?E D FOR TAYMAN FARK GOLF COURS£ 927 SOUTH f~TCH MOUNTAIN HEALDSBURG CA 95448 DAVID DA~.E GOLF COU~S~ A~CH,TECTU~E DATE IVtARCH 17 2005 GR~PHI( S~LE. 1 =1~ Altachment # L~ JEFF MCMILLEN 25 HIGHLAND COURT UKIAH, CA 95482 (707) Golf Professional's Service Proposal City of Ukiah Request for Proposals No. E26174 Jeff McMillen 25 Highland Court Ukiah, CA 95482 (707) City of Ukiah Request for Proposals No. E26174 Golf Professional Services I believe success is based on a commitment to the simple philosophy that our product is golf, but our business is people. As we go about our work each day, we must direct our attention toward doing what's right for our customers. Our efforts at budgeting, planning personnel selection, training, golf course maintenance, pro shop sales, food and beverage sales are all done with the ultimate goal of pleasing and satisfying every customer. Each golf professional and staff member has the responsibility to ensure every customer has a great golfing experience, since our very job depends on our success in pleasing the customer. My personal goal is to promote and elevate the game of golf at Ukiah Municipal Golf Course so that our customers' pursuit of the game is an important part of their lifestyle and recreational pleasure. Understanding that golf is a service industry, it is also my goal to provide our customers with outstanding service. I believe it is important to keep in mind that our financial rewards can only be returned by the degree of service we provide. Thinking in terms of pure profit should be avoided. More importantly i.'~ to think in terms of what we can do for the customers at Ukiah Municipal Golf Course. As a result, the improved service provided by this approach will inevitably give the golf operation a greater financial return. PHILOSOPHY AND CONCEPT OF OPERATION STATEMENTS A. Description of the applicant's goals and overall approach to operation of golf facilities with specific reference as to how these goals apply to Ukiah: My goals are to provide the best possible golfing experience to our customers on a daily basis. This will include customer service, to go out of our way to do everything we can to make the golfers feel welcome, to have a friendly and knowledgeable staff, and provide top-of-the-line merchandise for all golfers' needs. I offer professional expertise which includes the rules of golf, the most current product information, teaching of the golf stance and swing, all aspects of the game, and much more. Over the sixteen years I have had the opportunity to serve the golfers of Ukiah, I have learned many things, but the most important is that no matter the golfers' experience or ability, if you provide them with fair and friendly service, they will enjoy their golfing experience, and return time and time again. Also during this time I have come to know almost all of the local golfers, and caa provide them with more of an individualized service, knowing what their personal ,needs are. Ukiah is a small town, and the financial support base for the golf course relies mainly on these local golfers. B. Delineate the applicant's approach to customer service and relationship__5 with local golf groups affiliated with the golf course. State specific examples of past experience: Customer service is the most important service we, as PGA golf professionals, can offer to our customers. I have spent the past twenty-five years in the golf business, learning how to provide better customer service to my golf club through personal experience, PGA seminars, PGA publications, workshops, and many other educational avenues. I believe continuing education in the PGA methods and philosophies is very important. My relationship with the Men"s and Ladies' Clubs at the Ukiah Municipal Golf Course is outstanding. Over the years I have provided many services for these different groups, which include creating a tournament schedule for the year, establishing tee times for the year, preparing the golf course for each event, and managing the tournaments on the day of the event. This includes starting the players group by group, collection of the score cards, posting all scores on a score board for each event, and providing the tournament chairperson with the final results. Importantly, I work with the chairpersons to create the following year's event and incorporating changes and offering suggestions to improve the event, and make it even more successful. By meeting with local golf groups on a regular basis, we have worked together on a number of issues from tour schedules, concerns the members may have, to improvements to the golf course itself. The Men's Club has a very strong relationship with the City of Ukiah and has made many improvements to the golf course over the past sixteen years, from small projects to major ones, helping to provide the golfer a better golfing experience. C. Describe the methods and basis for budget development and fiduciary responsibility: Currently, the City of Ukiah is using a single cash register to record all business transactions at the golf course. I have researched and discussed with Sage Sangiacomo the possibility of a P.P.O. point of sales computer. This would be a great tool for collecting data for budgets, marketing, security, and long-range planning. I plan to install this type of equipment. Currently, I collect and document all daily, yearly fees, as well as all cartpath fees. I bank all monies generated at the golf course on behalf of the City of Ukiah, and provide them with an accounting of all transactions that occur at the golf course. This information is used to develop a budget, produce profit and loss statements, financial statements, and a marketing program for next year. D. Describe business practices and methods: As golf professionals we are expected to be a player, teacher, employer, employee, merchandiser, leader, budget planner, mediator, and more. It would be difficult to find another profession that requires the same total managerial skills that it takes to run a smooth golf operation. With increased costs and increased competition selling merchandise, it is critical to have a clear and accurate picture of finances at all times. The basis is a sound accounting system, one that provides all necessary information needed without being too complicated. It is crucial that the business have thorough and accurate financial records. It is necessary to have a clear idea of profit and loss - without this information, it is impossible to manage a successful business. It is necessary to have a clear understanding of a balance sheet, profit and loss statement, cash flow, and how taxes affect the business. At present, I use the accrual method of accounting. This is currently accomplished in hand-written style. I would like to implement a computerized bookkeeping program (such as Quick Books) which would be inexpensive yet ensure accuracy and accessibility, assist in the creation of balance sheets, profit and loss sheets and the preparation of documents for income tax purposes. E. Describe methods and philosophy for evaluating services: As a member of the PGA, I am dedicated to the idea that the name "golf professional" shall be a synonym with and pledge of, honor service and fair dealing. In evaluating services, I believe that professional integrity, fidelity to the game of golf, and a sense of great responsibility to employers, employees, manufacturers, golfers and fellow golf professionals should transcend the thought of material gain in the motives of a true golf professional. Personnel that may be hired should undergo close scrutiny to ensure that their ideals and motives follow this same philosophy- keeping in mind that ethics, integrity, a passion for the sport and a selfless desire to help all golfers enjoy their game will be what draws players back to the course and makes it successful. Supplementary services offered at the course, including food and beverage, pro- shop, and merchandise should be of the highest caliber within the available budget and should be evaluated for quality and value, taking into consideration the feedback offered from players and others who may use the clubhouse facilities and course. From this information, appropriate changes are implemented. F. Describe the applicant's anticipated relationship with the City and any advisory_ committees: My relationship with the City of Ukiah and the advisory committees would be very similar to the one that is currently in place. I approach these relationships with professionalism and courtesy. I look forward to working with both the City and advisory committees as a way of improving services, attracting more players and creating more revenue. I am currently scheduled to meet with Sage Sangiacomo on a bi-weekly basis or more often when needed. I meet with the Men's and Ladies' Clubs on a monthly basis or when needed, such as when the clubs have a special event coming up. Additionally, I meet with the advisory committee for the Parks and Recreation Department. I am available at any meeting that requires my presence or when a golf item comes up that I can be of help with. I believe the City should have the golf professional be more involved in the maintenance of the golf course. This is an area of expertise a PGA golf professional has and I believe, at present, this knowledge is being underutilized at the Ukiah Municipal Golf Course. Maintenance of the golf course is a major requirement for the profitability of the facility, and having a stronger relationship between the golf professional and the City would result in an improved appearance and quality of the course, which in turn would improve the reputation of the course and draw not just more local players, but players from out of the area who often travel to other courses for the enjoyment of a new challenge. G. Describe marketing strategies and approach: It is important in marketing strategies to know the customer and the market. Without this information you cannot effectively target the areas you need to be successful. Ukiah is unique in that a verY large percentage of play comes from local customers. This makes targeting the local play the number one priority. After that, marketing should look to outside play, ways to attract visiting golfers who will enjoy their experience and spread the word. There are many ways to market our course once the areas to target have been identified. Methods might include a multimedia approach of television, radio, and newspaper ads, golf magazine ads, coupon books, special events (charity fundraisers, etc.) and 2-for-1 discounts. In addition to the standard methods of advertising, I would like to implement a golf course website which would provide information including upcoming tournaments, golf and cart fees, special programs/camps, pro shop specials, 2-for-ls, junior and senior play, and discounts. When marketing a course, it is necessary to pick the specific areas to be targeted, whether it is yearly tickets, daily fees, twilight fees, or slow times. Once these have been established, the most effective type of advertisement can be chosen. It is also a good practice to make at lease one visible improvement to the course every year. These changes make the golfer aware that the golf professional and the city maintain the course with pride and value the golfer's business. Informing the golfers of future projects/improvements shows a continued effort to improve the quality of their experience. 1. Marshalling program and rate of play: The marshal program in Ukiah is very important. It provides the golfer with a good pace of play that ensures the golfer a reasonable amount of time to play a round of golf. In Ukiah, weekend and weekday prime times are self-marshalling because so many regulars play at this time. The marshals work the later shift to target people who sneak onto the golf course without paying, and to help the pace of play with the less experienced golfers. During slow times, the marshals sand fairway divots, rake bunkers, clean out yardage markers and many other general duties. 2. Use of private carts on the course: The use of private carts in Ukiah is one of the reasons our course is unique in this day and age. Because of golf industry management companies and the need to increase revenues, private cart usage is becoming obsolete, but without them in Ukiah, the customer base would dry up. In order to avoid this, and maintain or increase play/numbers of rounds of golf, I feel it is important to preserve the availability and use of private carts at a reasonable and fair price. 3. Fee structure development: It is critical to keep the golf course profitable, which requires regular attention to revenue and profit/loss analysis. Profitability is a difficult challenge while keeping the fees as low as possible for the golfers. I suggest a plan that implements annual percentage increases to offset the rise in maintenance costs. Prior to the annual increase, the opinions and ideas of the golfing community should be solicited. In this way they are included in the process and feel they are part of the team. Without the golfers' participation, it is possible to lose the support of the golfing community you have worked so hard to develop. 4. Instructional programs: "Why do you want to learn the game of golf?." I've asked hundreds of beginners this question, and I've received answers such as, "Our company has an annual tournament and almost everyone plays"; "I've watched it on TV and it looked interesting"; "My husband is a golf nut and I'm tired of staying home"; or simply, "It looks like fun." All these answers share one thing in common- each person is looking for enjoyment in the great game of golf. With over thirty years of teaching experience, I offer the opportunity to learn the game or to improve the golfer's skills. I work with the Men's and Ladies' Clubs to offer clinics to their members at no charge. I also offer a free three-day junior camp to kids of ali ages to provide them with the basics of the golf game and etiquette so that they can play the game, and take part in junior tournaments as their skills increase. 5. Establishment of discount pro_re'ams, play incentives, resident priority, and comps: Once a customer market is established, it is possible to target the areas of slow play to try to increase profitability with tools which may include 2-for-l, discounted green fees, lunch and beverage with each paid round of golf, just to name a few. It is very important to increase revenues during slack time. There should be some priority set aside to local golfers because they are the golfers that support the golf course year-round. A compensation policy for rounds of golf should be developed and implemented so that all staff members know what is expected, how it is provided and how to manage these rounds. This policy should include PGA members and assistants, superintendents and assistants, some employees, marshals, and local community organizations on a limited basis. 6. Senior play and related discounts: The seniors of our community need a place to relax, socialize and exercise. The golf course provides an excellent place for this. The senior golfer is crucial to our success~ and critical to our ability to raise the revenue base, as they represent a large number of our customers during the weekdays when most people are at work and can only play on the weekends. This gives us a great opportunity to discount fees during the slow times and fill the golf course. Senior discounts should remain a vital aspect of the golf course fee structure. 7. Use of facility by schools and development of junior programs: I think it is great to offer our local high school boys' and girls' golf teams the opportunity to play and practice during the school year golf season. It provides increased interest and support from our local golfers, and helps to create a new golfer base who will utilize the course, bringing in additional revenue. Over the years in Ukiah, I have offered a junior golf program with over one thousand kids participating in the program. These kids have gone on to play major college golf, and some have become PGA golf professionals. These kids are the future of the game of golf and our continued success as a golf course. The junior golf program I have developed over the years is a work in progress. Over the years, I have added to my program, including a 3-day camp for children ages 5 through 15, with instruction of all types from full swing to shot game, rules, and etiquette. For the past 16 years, the camp opportunity has been provided at no charge to the participants, along with a tee-shirt for each child. We also offer junior tournaments, leagues, sweeps and one-on-one lessons for the children. 8. Tournament policies: Tournament policies are necessary to provide fair and consistent services to our customers. The policies currently include a fee structure for all golfers, whether local or out-of-town, number of players needed for a tournament, whether tee times or shotgu, r~, a booking fee which consists of a prize fund to be spent in the pro shop, and information on how to book a tournament, and deadlines on payment or cancellations. 9: Pro shop design and dress code for golf professional staff: The pro shop design is essential because it represents the golf course image, and enables methods to display and sell merchandise. The shop should be updated every year to give a new, fresh look to customers. The design must be functional for both staff and customers. It is important to maintain a clean, well-kept and welcoming atmosphere, and to carry current equipment, as well as styles in shoes and clothing for both women and men to the extent possible in the space available. At present the pro shop meets these standards. The golf staff represents the course and is a customer's first impression of the level of quality and professionalism maintained there. The golf staff is the connection to the customer, and he or she needs to be professionally dressed at all times. It should always be a priority goal to exceed the customers' expectations, and a good dress code will support this objective. I have always stressed the importance of my dress code at Ukiah, and will continue to do so. EXPERIENCE 1970-1979 Skagit Golf and Country Club (Washington): summer golf course crew member; performed all general duties, and all types of maintenance from mowing greens to rough, building bunkers, installing sprinkler systems 1983-1989 Aptos Seascape Golf Course (California): Assistant golf professional; during my time at Aptos I learned all aspects of the golf business and also obtained my Class "A" PGA membership 1990-present Ukiah Municipal Golf Course: Employed as head golf professional and director of golf shop operations; perform all duties as set forth by the current R.F.P. for the City of Ukiah. PERSONNEL REQUIREMENTS As the head Golf Professional I would employ an assistant PGA golf professional who would be responsible for extending goodwill among all customers and their guests, teach and promote the game of golf, assist with maintaining a neat and clean golf shop, assist with inventory, receive and price merchandise, sell merchandise and follow daily procedures. I would also employ a shop person who would extend goodwill among all customers and their guests, welcoming the golfers and helping them enjoy their experience at Ukiah Municipal Golf Course. This shop person would also assist with selling merchandise, and maintaining an attractive shop. REFERENCES Ron Ledford P.O. Box 190 Talmage, CA 95481 (707) ~- Norm Johnson 1451 Christopher Ct. Ukiah, CA 95482 (707), Chris Philbrick (707), Faye Hefte 611 Chablis Ct. Ukiah, CA 95482 (707). _ Jim Brown 596 N. School St. Ukiah, C A95482 (707), Robert Dorsey 1211 N. State St. Ukiah, CA 95482 (707) ~ AGENDA SUMMARY Attachment # ITEM NO. ~ DATE: May 4, 2005 REPORT SUBJECT: WORKSHOP DISCUSSION OF MUNICIPAL GOLF COURSE OPERATIONS AND CONSIDERATION OF REQUEST FOR PROPOSALS FOR GOLF PROFESSIONAL AND CONCESSION SERVICES AT UKIAH MUNICIPAL GOLF COURSE SUMMARY: At the March 19 meeting, Council requested an opportunity to review and discuss the Ukiah Municipal Golf Course. In addition to providing an overview of facility, this report also identifies several pending issues regarding golf course operations, including the reconsideration of a proposed lease of cart storage facilities, the green fee schedule and recruitment of golf pro/concession services. Staff is presenting these issues to Council in order to get the direction needed to make improvements to course operations and for the development of corrective measures to address a declining fund balance. Golf Course Background The Ukiah Municipal Golf Course is a 5,850 yard, eighteen hole, USGA rated, par 70 facility. Amenities include a proshop, practice green, cart storage buildings, and community/dining room. The course was built in two stages on approximately 80 acres. The first stage (front nine holes) was constructed in the mid 1930's and the second nine holes were constructed in the late 1970's. The front nine holes were purchased by the City and constructed as a partnership between the City and a group of citizens that ultimately evolved into the Ukiah Men's Golf Club. The back nine holes were constructed on County land that the City leased for one dollar per year. In the early 1990's the County of Mendocino was in need of funds for the construction of a new administration center. The County decided to terminate the lease with the City and sell the golf course property. Ultimately, the City purchased the property for $1,000,000 and paid for the transaction with bond proceeds. The debt payment of approximately $95,000 each year is included in the annual golf course budget and is scheduled for payoff in 2018. (Continued on Page 2) RECOMMENDED ACTION: 1. Receive report and provide direction on revising the fee schedule and cart shed lease. 2. Approve the issuance of the Request for Proposal for Golf Professional Services. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine the issuance of the Request for Proposal for Golf Professional Services is inappropriate at this time and remand to staff with further direction. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Golf Course Representatives City Council Larry W. DeKnoblough, Community Services Director and Sage Sangiacomo, Community Services Supervisor Candace Horsley, City Manager 1. FY2004/2005 Budget Sheets 2. Current Fee Structure and Comparison 3. Draft RFP for Golf Professional Services APPROVED: ~--~.:-_, · Candace Horsley, City nager Operation and Maintenance The City of Ukiah is responsible for the operation and maintenance of the course. Full time staffing levels have remained the same since the Fiscal Year 2000/01 budget. Currently, the golf maintenance staff consists of one full time supervisor, three full time golf service workers, one 32- hour golf service worker and one summer seasonal employee. In addition, the Director of Community Services and the Community Services Supervisor are responsible for managerial oversight and support services with the golf course providing only partial funding for each of these positions. The Parks, Recreation and Golf Commission provides public oversight of the course and makes policy, project and program recommendations for the Council's consideration. Golf Pro and Concessions Services The City currently contracts with a qualified member of the Professional Golf Association to operate and provide golf professional (Pro) and concession services at the golf course. The scope of services and responsibilities of the operator include the tasks described below: · Manage all pro shop operations including collection and accounting of daily greens fees, categorical recording of rounds played, and selecting and acquiring all golf related merchandise and supplies for retail merchandising. · Operate a food and beverage concession service. · Operate and maintain a fleet of carts for public rental. · Provide golf instruction. · Render professional advise, assistance, and services as required by the golfers and the City of Ukiah. · Provide marketing assistance including the development of campaigns to increase play during Iow play periods. · Act as liaison between the City and various golf organizations affiliated with the golf course. · Actively coordinate golf activities with golf course maintenance to minimize interference with play and smooth administration of tournaments and special events. In return for these services, the Pro retains fees collected from cart rentals and lessons and a percentage of green fees and concession sales. Men's and Women's Golf Clubs The City of Ukiah maintains an active relationship with the Men's and Women's Golf Clubs. Both clubs are actively involved in course operations and hold permanent seats on the Parks, Recreation and Golf Commission. The clubs have been instrumental partners throughout the history of the golf course in completing many improvement projects including participating in the original construction of both the front and back nine holes. In an effort to keep operational expanses at a minimum and fees affordable, the clubs regularly provide volunteers and funding for course improvements. In fact, the only major capital improvements accomplished over the past three years at the facility are those undertaken by the clubs. Most recently the Ukiah Men's Golf Club purchased a triplex mower at a cost of $5,000 and donated it to the City for improved maintenance operations. The Women's Golf Club recently purchased a new pedestrian bridge for Hole 4 in order to speed up play and ensure the safety of golfers traversing over an open drainage area. In addition, both clubs Promote play through the sponsorship and organization of league play and tournaments. Funding for improvements is raised through donations, tournaments and the Men's Club operation of a private cart storage shed. Private Cart Storaqe Sheds There are approximately 134 private carts registered for use at the course. In 1998, the City Council approved a ground lease with the Ukiah Men's Golf Club (UMGC) by which the Club was permitted to construct and operate a golf cart storage facility for privately owned carts. At the same time, the City of Ukiah has continued to operate a separate private cart storage facility. When the agreement was approved, there was a significant need for additional cart storage and the City could not accommodate the demand. However, because of the age of the building and budget constraints resulting in deferred maintenance, the City's storage facility has suffered from declining space rentals. The gradual degradation in the quality of the City's aging facility has resulted in a migration by customers who opt to store their cads off-site or wait for a space to open at UMGC facility rather than deal with the undesirable conditions of the City's facility. Currently, there is a lease pending that would combined the operations of both cart sheds under the management of the UMGC. In addition to renovating the older shed, UMGC has also agreed to constructing a new 25ft. x 50 ft. maintenance shed that will be turned over to the City for use by the Golf Division to house maintenance equipment that is currently parked outside along the 18th fairway. ~ Staff has reviewed the potential of renovating the cart shed currently operated by the City and the construction of additional maintenance space. The cost of renovating the cart shed would be in excess of $10,000. The net revenue generated by the City's shed is estimated at approximately $3,000 to $4,000 per year. Furthermore, the cost to build additional maintenance space as proposed in the lease could easily exceed $70,000. The Golf Enterprise Fund does not currently possess adequate reserves to finance such expenses nor are revenues adequate to support construction as a budgeted expenditure. The UMGC will be able to offset much of the expenditures associated with the management of the storage facility with volunteer labor and donated materials. In addition, the City will benefit from an increased number of projects undertaken by the UMGC as the net revenues received from the operation of the storage facility are required by the lease to be utilized for either the improvement or promotion of the golf course. The City of Ukiah Parks, Recreation and Golf Commission reviewed and endorsed the proposal at their January 18, 2005 meeting. Rounds Played The course currently supports between 38,000 to 45,000 rounds of play per year. The following chad illustrates the number and type of rounds played during the 2004 season. 18 Holes 9 Holes Seniors Juniors Twilight 2004 Rounds Played Report Type Total Weekdays 3,386 Punch Cards Weekends 3,582 Weekda),s 540 1,754 Weekdays 814 Weekends 494 Weekdays 6,335 Weekends 2,228 Type Total Weekdays 180 Weekends 438 Monthlys 1,152 Comps 2 for 1 294 Marshals 634 General 1065 Yeadys 17,152 Total Rounds Played: 40,046 3 The fluctuation in the total rounds played from year to year is primarily influenced by seasonal weather conditions. Wet weather has the greatest impact on course conditions and can severely restrict play. The majority, approximately 84%, of all play is from the three categories of daily (19%), annual membership (43%), and twilight (22%). Comp rounds include the 2 for 1 specials used to attract out of town play during Iow play periods of the year, course marshal program incentives, and a general category which primarily includes Ukiah High School's use of the facility. Revenue Sources Revenue is generated from a number of different services and products offered at the course. The following chart illustrates these revenue sources for Fiscal Year 2004/05. Revenue Sources Type Description FY 2004/05 Percentage Budget of total revenue Memberships A single yearly fee buys unlimited and unrestricted play. $ 150,000 24.4% Green Fees A fee that buys one or more rounds of play (includes daily, monthly, and punch cards). $ 397,000 64.6% Concessions City receives a percentage of Pro Shop Concessions $ 15,000 2.4% Cart Storage Rent charged to store a privately owned cart in the City's storage shed. $ 10,000 1.6% Cart Path Private carts fee charged to permit access onto the course. $ 30,000 4.9% Golf Cart Rental A yeady contractual fiat fee paid by the Pro for L!cense the cart rental business $ 2,500 0.4% Interest Yearly interest accrued on fund balance. $ 10,000 1.6% Total $ 614,500 Golf Course Budqet History The Golf Course is currently set up as an enterprise fund and revenues must cover expenditures. During the golf boom of the mid 1990's golf activity was at a peak nationwide and the golf course was able to establish a significant fund balance. Since that time, golf play has tapered off, which is reflective of an industry wide trend, and operating costs have out paced revenues resulting in an annual drain on the fund balance. As of December 31,2004 the Golf Course fund balance has been reduced to $75,000. In an effort to maintain a balance between revenues and expenditures staff had forwarded to the Council five fee increase proposals since 1994. The last of these proposals was adopted in July 2002, which set a five-year fee schedule that included an annual escalation of fees tied to the Consumer's Price Index, each year until 2006. While revenues have increased through fee adjustments, expenditures have continued to increase at a faster rate. The C.P.I is simply not increasing at an adequate rate to offset rising operational costs. The Fiscal Year 2004/05 budget is included as Attachment #1. Below is a budget summary that provides a historical overview of revenues and expenditures for the past five years with this year's projections included. While operational expenditures were covered by revenue, capital expenditures and facility maintenance improvements over extended funding in most years up until Fiscal Year 2003/04 and required the use of reserves to balance the budget. 1999-00 2000-01 2001-02 Revenues $442,198 $556,558 $54 2,567 Operations expense -483,993 -552,155 -523,452 Capital -40,935 .43,150 -51,700 Net Income $(82,730) $(38,747) $(32,585) Revenues ,Operations expense Capital Net Income 2002 -03 2003-04 2004-05 $620,989 $560,558 $605,000 -603,451 -620,684 - 606,0360:~d) -10,744 -704 -7,500 $ 6,794 $ (60,780) $ (8,536) Every effort has been made over the years to maintain as lean an expenditure budget as possible in order to keep fees affordable. Staffing levels are at an absolute minimum in order to maintain the quality of play required at the course and maintenance has been reduced to only essential operations. Other than increased costs for vehicle and equipment maintenance, and salaries and benefits, the operations and maintenance budget has either been reduced or remained static. Fee Schedule Analysis Revenue generation is limited by a fee structure that worked in the past but is heavily slanted to discounts. Approximately 80% of all rounds are played at a discount rate. The existing fee structure includes five main categories and several sub-categories. For instance, the category of annual memberships includes the five sub-categories of adult, adult couple, senior, senior couple, and junior, all of varying discounts. The current fee structure is provided as Attachment #2. The greatest majority of golf course revenue is generated from daily greens fees (almost $183,000) or approximately 30%. Yet daily fees account for only 19% of the total rounds played, while annual memberships account for nearly 43% of the total rounds played and contribute less than 25% ($150,000) of the financial support. The daily rate payer is generally a golfer who plays only occasionally or at most two to three times per month, as opposed to the average annual member who will play at least two times per week. This is significant because it emphasizes recognition of the value of the casual or out of town golfer and that any future fee structure should not unduly place the burden of balancing the Golf Course budget on the backs of nonmember golfers. This is also a parity issue in that a fee structure on a municipally owned golf course that continually increases the daily rate as an offset to maintaining a favorable membership fee structure limits equal accessibility of the golf course to all members of our community. Past attempts to restructure the membership fee schedule through increased fees, limitations on play, or elimination of the senior discount have been unsuccessful as any limitations on annual memberships have generated a significant level of contention. Staff believes the annual membership fee categories have been unfairly Iow and too liberal in the amount of play allowed. Currently annual memberships allow unlimited play seven days per week with deep discounts for seniors and senior couples. The actual number of annuals fluctuates each year but as a rule there are between 150 and 190 annual members, which represent about 1% of the City's citizens. Over the last three years the average annual rounds played by memberships has climbed to more than 17,000 which equates to 43% of the total rounds played. Revenue from annual memberships has averaged approximately $144,000. This equates to an average cost of $8.23 per round compared to the current rate of $23- $27 per round for the daily rate payer or the resident who is an occasional player. In addition, the operational cost of the golf course is currently greater than $14.25 per round, based upon a maximum of 45,000 rounds per year. If the number of rounds played drops to 40,000, which frequently occurs, the cost of operations per round increases to $16.00. Based upon these figures the Golf Course is losing between $6.00 and $7.77 per round on annual memberships. This type of loss is the reason many municipally owned golf courses have significantly increased membership fees, switched to limited play memberships, or grandfathered them out. The current fee structure has remained in place as members have strongly and successfully opposed any significant increase or reduction in the amount of play allowed by the annual fee. The major concern expressed by members regarding the current and previous fee increases has been convenience, retaining affordability and better access to local players. Attachment #2 also provides Council with a fee comparison spreadsheet of other golf courses in the area, which are Ukiah's primary competition and the courses most visited by local players on a regular basis. Council should note that daily fees provided in the spreadsheet range between 40% and 45% higher than Ukiah, annual memberships are between 65% and 170% higher, and only Ukiah offers senior discount categories for the annual memberships. Also note that some of the courses charge nonresidents a significantly higher fee. In addition, only one other course allows private cads and charges permit fee substantially higher than Ukiah's. Over the last year, staff has been discussing these issues with representatives of the Ukiah Men's Golf Club and the Parks, Golf, and Recreation Commission. It has been the consensus from these discussions that while there may be a benefit to continuing to provide an annual fee in order to promote activity during the rainy off-season, a better balance is needed in the fees charged for this service, if they are to be continued. Based upon Council input during the workshop, staff will develop a revised fee schedule for consideration in June. Expiration of Golf Professional and Concession Services Aqreement In addition to addressing the golf course budget issue, the contract for golf professional services has expired. Previous Council direction has been to research the type of agreements and services which are in place at other public courses and identify services within the contract which would be viable for the golf course fund to capture additional revenue. Council also indicated a desire to develop and issue a Request for Proposals (RFP) from appropriate outside concessionaires once that research was completed. This does not preclude the current Pro from submitting a proposal, Council simply wished to be able to seek comparative proposals. Staff will be returning to Council at the next meeting to extend the contract to allow time to complete the RFP Process. Staff has conducted the research and developed a draft RFP (Attachment #3) for Council's review. The RFP defines a comprehensive scope of services which far exceeds the services defined in the current contract. Pages two and three describe twelve bullet points of services which the contractor will be required to provide. In addition, the RFP includes a detailed description of the overall philosophy of service for the City's golf course and asks the contractor to describe the methodology and practices which will be put in place to meet those service objectives. Two additional items included in the RFP are to research the possibility of developing of a practice range facility and expanding on-site food and beverage services. The RFP states that the contractor will be required to work with the City to "investigate the potential" to develop a practice range on or off-site. As the development of a practice range may not be feasible, the RFP language requires the Pro to work with the City to attempt to do so but, if not feasible, will not require it. A bar and grill type facility is a standard service at most golf courses and can significantly contribute to the facilities revenue. Currently, a very limited food and beverage service is provided at the same counter which golfers, including families and minors, must pay and register to play. The RFP includes language that requests the contractor to develop a plan for the operation of an expanded type of grill and banquet facility, if feasible given facility constraints. The current configuration of the Pro Shop is not conducive to this type of operation and modifications to the facility and/or use of the Todd Grove Room may have to be considered to accomplish this improvement. Staff is presenting this information to Council as an update in order to prepare for budget discussions and address pending issues. At this time, staff is requesting approval to issue the Request for Proposal for Golf Professional Services. Based on Council input and direction during the workshop, staff anticipates developing and proceeding with the following items: · Developing a revised fee schedule for Council consideration in June. · Returning to Council for six month extension of the Contract for Golf Professional Services · Issuing the Request for Proposals for Golf Professional Services. · Returning to Council for consideration of agreement with the Ukiah Men's Club for cart shed lease. (30 03 m P-~ T3 ~ X ? Attachment # 0'~ '-.~ Oo 0 0 Cn -,~ c~ ---4 0 ¢.0 0 o~ 0 0 0 0 0 0 © 0 © 0 0 0 0 0 0 © 0 0 C~ 0 0 0 0 0 0 0 0 -~ 0 0 0 0 0 © 0 0 m z ~o 0 I-- o '~ 0 © Oo Co f 0 ~ 0 0 ~- ~ 0 Oq CO 0 0 uO 0 0 CO 0 0 uO m- O CD I'-- 0 0 ,-- uO 0 04 cO r---- o o zoo o co 0o 0 0 0 0 0 O~ 0 0 0 ~I 0 0 0 0 0 C~ 0 0 ~r 0 o o ,- ,"d ~ 0000 0 c,4 O00,~r 0 o 0 0 0 (I~ uo o ,~I 0 t-- o o u3 o P-- c0 o0 o0 c0 ~o -~' ,-co 0 0 0 © 0 uO 0 0 ,-- ,-- (.*',4 C"q C,J Cq Oq Oq 04 cOOED ':T 0 0 N- 040 0 0 0 ~ 0 © ,-- 0 ,~-- 0 © 0 0~' ug P,~ 0 cO qD O xr ~ o o .,-- ,~o ,- o ED 0 E~ uO r~- 0 0 0 O0 ~- I~ I"-.-0 0 0 0 uOOOdo uO uD 0 ~:i) ('d qO qD cO uO~ uo ~ 0 uO © Od 0 0 © 0 ~0 0 CO ~- I~ uO 0 0 0 ~:r 0 0 C~ 0 · -- ~ C~) Oi _~ 0 0 0 © o o o ol Attachment #3 CITY OF UKIAH REQUEST FOR PROPOSALS (Draft) GOLF PROFESSIONAL SERVICES PROPOSAL DUE APRIL 22, 2005 Attachment #3 1. INTRODUCTION The City of Ukiah is seeking proposals for a qualified member of the Professional Golf Association to operate and provide golf professional (Pro) and concession services at Ukiah Municipal Golf Course. The City anticipates a multi-year agreement for the work requested in this RFP and is seeking an individual experienced in working with public agencies and municipal golf course management. All submittals shall include all pertinent professional data, historical background, and detailed responses to the information requested in this RFP and shall be written in an appropriate narrative text, tabular materials and illustrative graphics in such a manner as to be easily discernible to tile public and City staff. All proposals must be submitted to the office of the City Clerk at 300 Se~ninary Ave, Ukiah, CA by 5:00 p.m. on Friday April 22, 2005. II. BACKGROUND The City of Ukiah is beautiful community in the heart of California wine country and approximately one hour from the Mendocino Coast. The town is located approximately 60 miles north of Santa Rosa, CA on the Highway 101 corridor with a full time population of slightly more than 15,070. Ukiah is also the retail and service hub to an area reaching a 50mile perimeter and a daytime service population of approximately 45,000 people. Ukiah Municipal Golf course is a 5,850 yard, eighteen hole, par 70, facility. Amenities include proshop, cart storage buildings, and community/dining room. The golf course averages between 40,000 and 45,000 rounds per year. The community room is currently available ~br rent to the public for private and public events, however, it is tile City's intent to convert the community room into full time food and beverage service with banquet room. The City is also interested in the development of a full service practice/range facility either on or off-site. Golf course maintenance is the responsibility of City maintenance crews, however, the Pro is expected to actively participate ii1 tim scheduling and advising of maintenance activities. Groups involved with the golf course include a very active Men's club and Women's Clubs and the City's Parks, Recreation, and Golf Commission. The Pro is expected to actively support these groups through meeting attendance as needed and coordinating events. I11. OPERATOR RESPONSIBILITIES The niinimum scope of services and responsibilities of the operator shall include tasks described below: · Manage all pro shop operations including collection and accounting of daily greens fees, categorical recording of rounds played, and selecting and acquiring all golf related merchandise and supplies for retail merchandising. · Develop and implement critical business systems including but not limited to scheduling all tournaments/events, collecting all fees, preparing and submitting audits, completing asset inventories, developing personnel management procedures 2 of 6 Attachment #3 consistent with City policy, paying all taxes and license fees, and providing quarterly reports and accounting of business activity to the City. · Operate and maintain a fleet of carts for public rental. · Develop a complete golf instruction program and employ at least one other fulltime Class "A" Professional Golfers Association (PGA or LPGA) professional. · Develop and implement a comprehensive junior golf development program. · In cooperation with the City develop a comprehensive marketing strategy for promotion of the golf facility including but not limited to promotion of special group and tournament play programs and recruitment of out of area play. Particularly during low play periods. · Act as liaison between the City and various golf organizations affiliated with the golf COtlrse. · Actively coordinate golf activities with golf course maintenance to minimize interference with play and smooth administration of tournaments and special events. · Prepare and submit an annual operation budget for the operation of concession activities. · Possibly provide food and beverage concessions and develop a plan for the operation of a full service food and beverage Facility on site. · In cooperation with the City, develop of a full service practice range facility on or off-site. Maintain appropriate insurance in accordance with Exhibit "B" of the attached sample agreement. Based on thc above general information, the City has prepared this Request for Proposals for distribution to applicants. All related information necessary to submit a proposal is provided in the following pages for your consideration. IV. INSURANCE REQUIREMENTS The insurance requirements are set forth in "Exhibit B" V. PROPOSAL PROCEDURES A, Form and Style of Proposals. 1. Describe in a detailed narrative, with supporting data or tabular materials as appropriate, the proposed approach and procedures to be used in completing the tasks described in the Scope of Services capable of meeting the City's expectations as described. Include a proposed schedule showing implementation of the various tasks as needed. The final agreement with the Pro will include a schedule for completion of the major milestones based upon selected consultant's schedule. 2. Proposals shall include a detailed description and history of the applicants experience related to and necessary for the successful completion of the tasks defined in this RFP. Include references and contact information. 3 of 6 Attachment #3 Bo Co 3. Proposals shall include a statement as to whether the applicant is sole proprietor, partnership or corporation, or other legal entity and include contact information. 4. Each proposal shall include a statement that all information included in the proposal is true and accurate as represented by the presenter. Any proposal containing information proven false shall be considered rejected by the City. Submission of Proposals. 1. All copies of the proposal and any related documents shall be submitted in a sealed envelope clearly stamped Golf Professional Services Proposal in a location on the face of the envelope so as to be easily identified. Ten (10) copies of the proposal mnst be submitted to the office of the City Clerk at 300 Seminary Ave, Ukiah, CA by 5:00 p.m. on Friday April 22, 2005. SUBMII PROPOSALS TO: Marie Ulvila, City Clerk City of Ukiah 300 Seminary Dr. Ukiah, California 95482 An), questions regarding this request for proposals may be directed to Mr. Larry Deknoblough, Community Services Director at (70'7) 463-6221. 2. Proposals received after 5:00 p.m. on April 22'a or not submitted in accordance with the specifications in this RFP shall be returned unopened. 3. Oral, Facsimile, or electronic proposals shall be considered invalid and will not receive consideration. 4. Applicants shall submit ten (10), full color if applicable, copies of each proposal. 5. Applicants are strongly encouraged to visit the facility prior to submitting a proposal Consideration of Proposals. 1. It is the intent of the City to award a contract to the applicant whose proposal is in the best interest of thc City, and based upon but not limited to the applicants demonstrated experience and ability. Applicants selected for an oral presentation shall be prepared to present evidence of professional and financial ability to perform. 2. Selection of the successful applicant shall be based upon a qualitative comparative analysis of professional qualifications, quality of proposal and oral presentation as opposed to a quantitative analysis of proposals. 3. The City shall rank acceptable proposals received and within two weeks conduct oral interviews with the top ranking applicants. The City will then initiate negotiations with the top candidate. Should negotiations be unsuccessful, the City will then initiate negotiations with the next highest ranking candidate. 4. As part of the evaluation process, the City may contact the applicant's current or most previous employer or visit facilities currently operated by the applicant. 4 ot'6 Attachment #3 De Agreement for Ser'~'ices Attached to this RFP is a sample agreement for professional services. A substantially similar agreement shall be executed between the City and the successful applicant and shall include the specific terms and conditions resulting from the negotiation process. E, References Provide a list of at least three client references who have received services from your firm. Provide names of contact person, addresses and telephone numbers tbr all references. F, Exceptions Identify any exceptions you are proposing with respect to the Scope of Services. Additionally, if there are any exceptions to the City's insurance requirements and/or the City's contract provisions as shown in the attached exhibits, the applicant should list the exceptions in the proposal. VI. PHILOSOPHY AND CONCEPT OF OPERATION STATEMENTS The following information is intended to assist with the preparation of the proposal and solicit information from the applicant as to the philosophy of the City and the methodology by which the applicant will deliver services'. The proposal narrative should include a philosophy statement demonstrating the applicants approach to service delivery to the general golf community with specific reference to the tasks defined in this RFP. Examples should include: · Description of the applicant's goals and overall approach to operation of golf facilities with specific reference as to how these goals apply to Ukiah. · Delineate the applicants approach to customer service and relationships with local golf groups affiliated with the golf course. State specific examples of past experience. · Describe the methods and basis for budget development and fiduciary responsibility. · Describe methods and philosophy for evaluating service provision. · Describe the applicant's anticipated relationship w'ith the City and any advisory committees. · Provide a description of your philosophy towards and methodology for providing the following programs: o 2. 3. 4. 5. . Marshalling program and rate of play Use of private carts on the course Fee structure development Instructional programs Establishment of discount programs, play incentives, resident priority, and comps. Senior play and related discounts 5 of 6 Attachment #3 . 8. 9. 10. Use of facility by schools and development of junior programs Tournament policies Pro shop design and dress code for golf professional staff Marketing of facilities and programs VII. EXPERIENCE Minimum qualifications include that the applicant has at least five (5) years experience of management responsibility in at least a similar size facility. Proposals should include a detailed description of all previous experience in working with public agencies and list specific references and appropriate contact information. Applicants must include any golf management operations contracts, which have been cancelled or otherwise terminated in the last ten years with appropriate contact information. Applicant shall list any additional golf related operations currently under contract and the remaining length of those contracts. VIII. PERSONNEL REQUIREMENTS Proposals shall include a list of the applicants anticipated personnel to be employed in the Pro shop and the qualilications and duties for each position. If a person other than the applicant is intended to be the Head Pro present, then that shall be specified in the proposal. Operator is expected to employ at least one other fulltime Class "A" Professional Golfers Association (PGA or LPGA) professional. The City expects the current Cull time staff, other than the Pro, to be given first priority for hire by the incoming applicant or to be retained for a reasonable period of time to be negotiated in the agreement. IX. RIGHT OF REFUSAL The City of Ukiah reserves the right to reject any or all proposals. 6 of 6 Attachment Monthly Revenue Comparison Daily Green Fee Revenue July 2004 $49,660 July 2005 $57,513 (15.8% Increase) August 2004 $44,056 August 2005 $48,4791 (10% Increase) Membership Revenue Category 2004~05 Season 2005/06 Season Unlimited Adult 58 29 Unlimited Adult Couple 11 8 Unlimited Senior 83 Unlimited Senior Couple 16 Unlimited Junior 12 6 Limited Adult* 1 Limited Adult Couple* 2 Limited Senior* 22 Limited Senior Couple* 5 Limited Junior* 9 Total 180 82 Revenue $123,801 $96,735 Please note: Best available data was used to determine quantity of 2004/05 memberships. The revenue amounts listed are actuals from the General Ledger. The number of 2004/05 memberships does not correspond to the revenue because some of the memberships were sold and reported in 2004/05. The revenue reported in FY 2004/05 also includes monthly passes. *Limited Annual: Valid Mon. through Thurs. and after 1p.m. on Fri., Sat., Sun. & Holidays I I .I I I I ! I I I I I I I I I I 1 ! I I I I I I ' I ' I I I I ' I I ! I i 1 1 i ! 1 i I I I ! ! 1 ; 1 ! 1 1 ! 1 ! I 1 1 1 ! ! | I 1 ! I I I 1 I I I ! c) I I I I I I I ! 1 I I I I o ~ I I I I ..... 1' .... 1' .... i ! l ! ! ! I ! ! ! ! AGENDA SUMMARY ITEM NO. 9.c DATE: March 1,2006 REPORT SUBJECT: DISCUSSION OF ARGUMENT IN FAVOR OF BALLOT MEASURE ALLOWING FOR APPOINTMENT OF MAYOR FROM AMONG THE FIVE ELECTED CITY COUNCIL MEMBERS - RODIN/MCCOWEN Councilmembers Rodin and McCowen will be providing sample language for the argument in favor of a ballot measure for the .lune 2006 election which would allow for the appointment of the Mayor from among the five elected City Council members, all of whom serve four year terms. Materials will be provided to the City Council prior to the March 1, 2006 meeting. RECOMMENDED ACTION: Discussion of argument in favor of ballot measure allowing for the appointment of Mayor from among the five elected City Council members. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Councilmembers Rodin and McCowen Candace Horsley, City Manager 1 - Sample Ballot Measure Language - to be provided prior to City Council Meeting. APPROVED: ;~:;"~--J'~ ~L,', Candace Horsley, City,Manager AGENDA SUMMARY Item No: 9d Date: March 1,2006 REPORT SUBJECT: DISCUSSION AND APPROVAL OF CiViC CENTER SERVICE HOURS Backarp~nd The City Council requested that the current Civic Center schedule of being closed every other Friday be revised to being open Monday through Friday every week. Staff was also asked to look at the possibility of providing Flex schedules for the employees as much as possible with an 8 am or 7:30 am opening time. At the staff level, each section of the Civic Center was reviewed with the following goals in mind: cover necessary positions with appropriate staffing levels in order to meet the needs of our customers and departments; maintain productivity and ability to carry out each assignment; minimize the possibility of overtime; and continue to provide efficient, professional services to our customers. Each Director met with their staff to discuss the work schedules that would best meet the needs of the individual within the new schedule format. Some employees preferred working 5 eight-hour days and others found the nine-eights worked best for them. Once these individual requests were known, the staff then compared them with the hours that the Civic Center would be open. Internal positions that did not require direct daily contact with the public were allowed more flexibility with their schedules than some of the customer service positions. I commend the staff members at the Civic Center for their cooperation in working with their fellow employees to work out the best schedule possible with public service being RECOMMENDED ACTION: Approve City IVlanager recommendations which include a 7:30 am opening time and adding a total of 16 hours to the support staff positions. ALTERNATIVE COUNCIL POLICY OPTIONS: Direct Staff to return with alternative options. Requested by: Prepared by: City Council Candace Horsley, City Manager APPROVED: Candace Horsley, City Hanager ~ the priority goal. Individual employees were very gracious in accommodating others needs and requests. All of the Flex schedules are temporary at this point in order for staff to analyze any potential conflicts or issues that may result from these schedules. Some work periods may be changed once the actual results are tested. ResqjIts The Planning, Community Services and Finance Department~ determined that by using a variety of schedules they could accommodate most of the employee requests under an 8 or 7:30 am schedule. The Building Inspector will work half days on Fridays to accommodate scheduled requests for building inspections five days a week. Potential deficiencies: Community Services, located in the annex, will have certain times when the front counter will not be manned. This counter person covers for Community Services and Public Utilities. The counter area currently has a bell and telephone available on the public service side so that other staff in the Community Services office can assist when needed. The Planning Permit Coordinator will work five 8-hour days to cover Fridays, so will not be available at 7:30 am. Other Planning staff members that will be on Flex schedules will cover for this position during that 1/2 hour every morning. The Public Works/Engineering Department currently has only two staff positions filled with two positions in recruitment. Due to this situation, the Director has agreed to working five days a week to ensure that there will be at least one staff member available as much as possible during the hours the Civic Center is open. Once the other positions are filled, there will be much more flexibility in this department. Potential deficiencies: Due to the small number of staff members in this department, there will be times that no Engineer will be available. We will keep this impact to a minimum with coordinated scheduling of training, meetings, and vacations. The Administrative Support staff area is where the impact of opening five days a week hits the hardest. Currently there is one fulltime Secretary and one fulltime Support Staff position (copying/mail); a 32-hour Receptionist and a 32-hour Secretary. Once the Civic Center is open five days a week, the full time Secretary will be the fill-in for the Receptionist position. This Secretary provides services to the Engineering Division, Community Services, City Manager and some Finance functions. This position is spread extremely thin as it is; with the new schedule, she will lose 10 hours per week to sitting at the Receptionist desk with a 7:30 am opening and 8 hours with an 8 am opening. Although many scenarios were considered, there are just not enough staff hours to cover the necessary duties of this division. Ten years ago, there were three fulltime Secretary's, one halftime Secretary and a fulltime Receptionist for a total of 180 hours/week in the support function. With the budget cutbacks, we reduced internal service to our current situation of I and 3/4 Secretary's and one 32-hour Receptionist for a total of 10~, hours/week. The impact was a direct loss in essential services to the departments for filing, project coordination and completion, correspondence, customer contact and mail processing. Tndividual computers have assisted, but not filled all the gaps. Since a ten hour per week loss at the front counter is a substantial reduction of the one remaining Secretary's time and will have very negative impacts to numerous departmental operations, staff would request the Council approve an increase in the two 32-hour positions to 40-hours/week, for a total of an additional 16 hours/week which would provide coverage for the front desk as well as internal services for the departments. This would entail an increased cost for this year of $9,100 and next year of $29,000 as compared to a new fulltime position at $58,000 per year. Recommendations: 1. Go forward with the five day a week schedule starting on March 13--the beginning of the work period so that FLSA schedules are coordinated. 2. Open the Civic Center at 7:30 am for the Planning and Cashier functions specifically, even though other employees would be available and providing customer service when available. This will prevent the perceived disappointment of not having a staff member in other functions available 91/2 hours a day especially for those functions that are handled by one person or would require weekly overtime to provide continual service for these hours. 3. Approve the part time Receptionist and Secretary positions to full time to provide the necessary coverage. This is still 60 hours less then what was available ten years ago. ITEM NO. 10.a DATE: March 1,2006 AGENDA SUMMARY REPORT SUBJECT: ANNUAL REVIEW OF TRAFFIC SIGNALIZATION FUND FOR SOUTH ORCHARD AVENUE AND EAST GOBBI STREET SUMMARY: On May 16, 1990, the City Council adopted Resolution 90-47 (Attachment 1) which established a traffic signalization improvement fund for the intersection of South Orchard Avenue and East Gobbi Street pursuant to Municipal Code Section 9543 (Attachment 2). This fund was established in order to finance the construction of a traffic signal at the intersection of South Orchard Avenue and East Gobbi Street. The resolution provided that the fund was to be reviewed every five years after fees were collected and reviewed and reported on annually after the first five year period. The first deposit to the fund was on 04/30/96. This report is intended to constitute an annual report for the tenth fiscal year of the fund. The reserved funds in the signalization fund account (270.240.011) totaled $80,953.19 on 07/01/2004 at the beginning of the last fiscal year. During the fiscal year, there was $1,910.21 accrued interest. There were no new deposits to the account from developers. The fund balance was $82,863.40 on 6/30/2005 at the end of the 2004/2005 fiscal year. A draft of this Report was made available to the public at the planning counter at the Civic Center as of February 14, 2006. BACKGROUND: Traffic impacts at this intersection are recognized and staff anticipates constructing the necessary intersection improvements within the next two years. In addition to constructing a new intersection complete with signalization, improvements will also include cross walk striping and ADA-compliant pedestrian ramps. Staff estimates it will cost $297,628 (today's (Continued on page 2) RECOMMENDED ACTION: Accept Report and Determine that South Orchard Avenue and East Gobbi Street Traffic Signalization Fund has been appropriately reviewed. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Requested by: Prepared by: Attachments: APPROVED: N/A Tim Eriksen, Director of Public Works/City Engineer 1. Resolution 90-47 2. Code Section 9543, 3 Map of Remaining Parcels to be Developed ~'-ca~a'ce ~o~:sley, City M~4nager dollars) to complete the noted intersection improvements. Increases in construction costs have been calculated in accordance with Engineering News Record Cost Index procedures pursuant to City Resolution 90-47. The City currently has a fund balance of $84,142.21 in the traffic signalization fund for this project, which is made up of fees collected to date plus interest. In addition, Staff secured STIP (State Transportation Improvement Program) funding in the amount of $131,000 for this project. In the past these funds have been deferred several times by the state. These funds are now available. Staff intends to proceed with design in fall 2006 and construction is proposed for summer 2007. The improvement fee is calculated on the basis of land use zoning and the intensity of traffic generated by each type of land use. The fees are shown in the table below. The area prescribed for the collection of fees includes properties adjacent to Orchard Avenue, from Marlene Street to Kings Court, and along East Gobbi Street, from U.S. 101 to approximately 250 feet westerly of Orchard Avenue, as shown in Exhibit B to Resolution 90-47. Most of the affected parcels have been developed at this time, however eight undeveloped parcels remain (Attachment 3). As these parcels develop they will contribute approximately $53,228 (today's dollars). The fees by land use zone were established and continue to be as follows: PD (R-2) Planned Development $763/acre PD (R-3) Planned Development $858/acre CL Light Commercial $7,894/acre CN Neighborhood Commercial $7,170/acre A summary of funding sources and estimated additional funding required is as follows: ESTIMATED COST $297,628 FUND BALANCE $84,142 ANTICIPATED FEES $53,228 STIP AUTHORIZATION $131,000 CURRENT PROJECTED SHORTFALL ($29,258) As the Estimated Costs, Anticipated Fees and the Fund Balance are all tied to inflation and interest they have increased. The STIP authorization is a fixed amount and that is the factor that has caused the shortfall. Now that the State has released its funding staff intends to proceed with the project. Other sources such as gas tax, STPdl, and discretionary funds, as well as State or Federal grants, are potential funding sources to cover a shortfall. RECOMMENDATION: Staff recommends that the Council accept and approve this annual report. Created by City of Ukiah C:\Documents and Settings\SGOODRICK\My Documents\Agenda Summary Reports\ASR's March 2006\March i\NB 10.a Traffic Signal Fund So Orch Review 2.doc Last saved by 1 3 4 5 6 7 8 10 11 1:2 13 14 15 16 17 18 19 20 21 23 25 27 28 RESOLUTION NO. 90-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING SOUTH ORCHARD AVENUE AND EAST GOBBI STREET TRAFFIC SIGNALIZATION FEE WITHIN THE CITY OF UKIAH WHEREAS, the City Council of the City of Ukiah has adopted Ordinance No. 882 creating and establishing the authority for imposing and charging off-site capital improvement fees within the City of Ukiah; and WHEREAS, a "Traffic Signalization Study-Orchard Avenue and East Gobbi Street" (hereinafter "Study") has examined the impacts of contemplated future development on existing public facilities in a study area identified in the Study along with an analysis of the need for new public facilities and improvements required by this new development. The Study sets forth the relationship between new development in this study area, the needed facilities, and the estimated costs of those improvements. The Study was prepared by the Public Works Department of the City of Ukiah, is dated April, 1990, and attached herein and incorporated herein by this reference as Exhibit "A". WHEREAS, the Study was available for public inspection and review ten (10) days prior to the public hearing on this resolution; and WHEREAS, the City Council finds as follows: A. The purpose of this fee is to finance the Traffic Signalization of South Orchard and East Gobbi Street as described in the Study in order to reduce the impacts of increased vehicle and pedestrian traffic caused by new development within the Study area which is identified and described in the map of the study area, 1 3 6 ? 9 10 11 13 15 16 17 19 20 21 23 26 27 attached hereto as Exhibit "B" and incorporated herein by reference. B. The traffic signalization fee collected pursuant to this resolution shall be used to finance only the public facilities described or identified in Exhibit "A", attached herein. C. After considering the Study and the testimony received at the public hearing, the Council approves the Study, and incorporates such herein, and further finds that the new development in the area identified in Exhibit "B" will generate additional vehicle and pedestrian traffic and require traffic signalization facilities. D. New development in the impacted area has or will create the need for traffic signals to service that area which has not been constructed. Said facilities have been called for in or are consistent with the City's General Plan. E. The facts and evidence presented establish that there is a reasonable relationship between the need for the described public facilities and the impacts of the types of development for which fees are established in Paragraph 3 below, for which the corresponding fee is charged. There is a reasonable relationship between the fee's use and the type of development for which the fee is charged. The fee charged to each development bears a reasonable relationship to the need for the public improvement contributed by the development. Ail of these relationships are in more detail described in the Study. F. The cost estimates set forth in Exhibit "A" are reasonable cost estimates for constructing these facilities, and the fees expected to be generated by new d.~velopment will not exceed the total of these costs. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the 1 3 4 5 6 7 9 10 11 13 14 15 16 17 19 20 21 22 23 1!5 26 27 28 City of Ukiah that: 1. Definitions: (a) "New development" shall mean construction of any new structures, such as, but not limited to, residential commercial or industrial structures. This shall not include additions or modifications to existing structures. (b) "Base' year" shall mean the first full year following the adoption of this resolution. 2. An Orchard Avenue and East Gobbi Street Traffic Signalization Fee shall be charged upon and paid prior to the issuance of any building permit for all new development in the benefit area depicted and described on the map attached hereto as Exhibit "B", except as otherwise specifically provided in Ukiah City Code Section 9543. The Community Development Department shall determine if the development lies within the benefit area, the type of development, and the corresponding fee to be charged in accordance with this resolution. 3. Fee. For new residential and commercial development, the base year fee per acre shall as follows: P.D. (R-2) Planned Development Residential Duplex (Medium High Density Residential) $763.00; P.D. (R-3) Planned Development (High Density Residential) $858.00; C-1 (Light-Commercial) $7,894; C-N (Neighborhood-Commercial) $7,170.00. The fees established herein for the base year shall increase each year thereafter based upon the Engineering News Record Construction Cost Index. 4. Use of Fee. The fee shall be used solely to pay (1) for the 1 described public facilities to be constructed by the City; (2) for reimbursing the City for the development's fair share of those capital improvements already constructed by the City; or (3) to reimburse other developers who have constructed public facilities described in Exhibit "A" attached hereto, where those facilities were beyond that needed to mitigate the impacts of the other developers' project or 5. Fee Review. If any fees collected pursuant to this 10 11 12 resolution remain unexpended five (5) years after collecting any such fees, the City shall review the fees if and as required by Government Code Section 66001(d) or any amendments thereto. If some, but not 13 15 16 17 19 21 23 25 26 27 all, fees collected pursuant to this resolution are expended as authorized herein, it shall be conclusively presumed that the fees first received are the fees first expended. 6. Judicial Action to Challenge this Resolution. Any judicial action or proceeding to attack, review, set aside, void, or annul this resolution shall be brought within 120 days from the date this resolution is adopted. PASSED AND ADOPTED this 16th day of May , 1990, by the following roll call vote: AYES: NOES: Councilmembers Wattenbur§er, Shoemaker, Schneiter, Hickey and Mayor Henderson None ABSENT: None ST: EXHIBIT "A" TRAFFIC SIGNALIZATION STUDY - ORCHARD AVENUE/EAST GOBBI STREET General Area of Benefit subject to Development Fee: Orchard Avenue, from Marlene Street to Kings Court and East Gobbi Street, from U.S.101 freeway to a point approximately 250 feet westerly of Orchard Avenue. See map attached. 23.97 Acres Description of Public Facility to be Constructed Install 8-phase traffic signal with electronic controller, traffic sensor loops, signing, striping and concrete handicap pedestrian ramp facilities. Cost of Improvements, (Estimated January 1990) Construction Cost Engineering (10%) Administration TOTAL AMOUNT $162,000 16,200 4,000 (1) $182,200 PROPOSED DEVELOPMENT FEE BY LAND USE ZONE AS FOLLOWS: (2) ZONING PD (R-2) PLANNED DEVELOPMENT PD (R-3) PLANNED D~EVELOPMENT C1 LIGHT COMMERCIAL CN NEIGHBORHOOD COMMERCIAL AMOUNT OF FEE/ACRE 763.00 858.OO 7,894.00 7,170.00 (1) Estimated Administrative cost is intended to include all Staff costs such as initial Study, periodic review of fee, application of fee to specific parcels, and overhead costs. (2) Subject to annual adjustment based upon "Engineering News Record" Construction Cost Index. For administrative efficiency the basis for apportioning costs in this Study Area is the relative size (acres) of parcel because traffic generally occurs in relation to zoning of parcel. ZONE "'PD (R-2) *PD (R-3) C-I C-N TRAFFIC IMPACT STUDY - ORCHARD AVENUE/EAST GOBBI STREET SIGNALIZATION IMPROVEMENT FEES VEHICLE GENERATION ANALYSIS VEHICLES/ ACRE VEHICLE- TRIP VEHICLES- NET AREA TRIPS ADDED FACTOR TRIPS/ACRE (ACRES) BY DEVELOPMENT 29.0 43.5 120.0 109.0 4 116.0 4.74 550 3 130.5 7.97 1040 10 1,200.0 5.76 6912 10 1,090.0 5.50 -5995 % OF VEH.-TRIPS ADDED BY DEVELOPMENT 3.79% 7.17% 47.68% ~41.35% 23.97 14497 100.00% ORCHARD AVENUE TRAFFIC THROUGH INTERSECTION Present No. of Vehicles, ADT Traffic Equation: 6600 % Computation: Estimate of Total Added Vehicles (a) Total Vehicles Through Sisnal, ADT + 7248 = 13848 7248 + 13,848 = 52.34% Development Share of Signals: 52.34% x $182,200 = $95,366 % OF VEHICLE DEVELOPMENT TRIPS ADDED BY SHARE OF FEE/ ZONE DEVELOPMENT SIGNALS ACRES ACRE *PD (R-2) 3.79% $3,617 4.74 $763 *PD (R-3) 7.17% $6,842 7.97 $858 C-1 47.68% $45,470 5.76 $7,894 C-N 41.35% $39,437 5.50 $7,170 lO0.O0Z $95,366 FOOTNOTES: *PD (R-2) (Multi-Family Residential) Med. High Density Residential per Land Use Map *PD (R-3) (Multi-Family Residential) High Density Residential per Land Use Map (a) Assumed at 50% of total vehicles added by development (not all new development traffic will use intersection) R:PW9 1990 VACANT PARCELS SOUTH ORCHARD AVENUE/EAST GOBBI STREET TRAFFIC SIGNALIZATION STUDY AREA EST'D PARCEL OR PORTION FEE/ AREA/SIZE EST'D OF, A.P.# ZONE ACRE ACRES FEE (3) 003-582-04 C-N $7,170 0.28 $ 2,008 179-050-29 C-N' 7,170 2.81 20,149 179-050-30 C-N 7,170 2.41 17,281 003-582-05,06 PD(C-1) 7,894 0.28 2,210 003-582-07 " PD(C-1) 7,894 0.35 2,763 180-030-23 PD(C-1) 7,894 0.29 2,289 003-582-08 PD(C-1) 7,894 0.18 1,421 179-050-25 C-1 7,894 0.60 4,736 179-050-27 C-1 7,894 2.03 16,025 179-050-28 C-1 7,894 2.03 16,025 003-582-09,10 PD(R-2) 763 0.24 183 003-582-11,12 PD(R-2) 763 0.24 183 003-582-13,14 PD(R-2) 763 0.24 183 003-582-15,16 PD(R-2) 763 0.35 267 003-582-17,18 PD(R-2) 763 0.47 359 180-030-11 (MHD) PD(R-2) 763 0.93 710 180-030-16 (MHD) PD(R-2) 763 0.86 656 180-030-25 (MHD) PD(R-2) 763 1.41 1,076 180-030-11 (HD) PD(R-3) 858 3.16 2,713 180-030-16 (HD) PD(R-3) 858 2.63 2,258 180-030-25 (HD) PD(R-3) 858 2.18 1,871 23.97 $95,366 (3) See Ordinance No. 882. This column represents the total amount of funds that the City expects to collect, over time, from this fee as applied to vacant parcels. R:PW9 1 1 LEGEND STUDY AREA BOUNDARY EXHIBIT PORTION AFFECTEO PROPOSED FEE BY C][TY or UIKI[AH TRAFFIC SIGNALIZATION STUOY ~RCHARO AVC./EAST GORRI ~T 1990 VACANT PARCELS SOUTH ORCHARD AVENUE/EAST GOBBI STREET TRAFFIC SIGNALIZATION STUDY AREA EST'D PARCEL OR PORTION FEE/ ~AREA/SIZE EST'D OF, A.P.# ZONE ACRE ACRES FEE (~) 003-582-04 C-N $7,170 0.28 $ 2,008 179-050-29 C-N 7,170 2.81 20,149 179-050-30 C-N 7 , 170 2.41 17 , 281 003-582-05,06 PD (C-I) 7 , 894 0.28 2,210 003-582-07 ' PD(C-1) 7,894 0.35 2,763 180-030-23 PD (C-I) 7 , 894 0 . 29 2 , 289 003-582-08 PD (C-i) 7 , 894 0.18 1 , 421 179-050-25 C-1 7,894 0.60 4 , 736 179-050-27 C-1 7,894 2.03 16,025 179-050-28 C-1 7 , 894 2 . 03 16 , 025 003-582-09,10 PD (R-2) 763 0.24 183 003-582-11,12 PD (R-2) 763 O. 24 183 003-582-13 , 14 PD (R-2) 763 0.24 183 003-582-15,16 PD (R-2) 763 0.35 267 003-582-17 , 18 PD (R-2) 763 0.47 359 180-030-11 (MHD) PD (R-2) 763 0.93 710 180-030-16 (MHD) PD (R-2) 763 0.86 656 180-030-25 (MHD) PD (R-2) 763 1.41 1,076 180-030-11 (HD) PD(R-3) 858 3.16 2,713 180-030-16 (HD) PD(R-3) 858 2.63 2,258 180-030-25 (~ID) PD(R-3) 858 2.18 1,871 23.97 $95,366 (3) See Ordinance No. 882. This column represents the total amount of funds that the City expects to collect, over time, from this fee as applied to vacant parcels. R: PW9 ZONE TRAFFIC IMPACT STUDY - ORCHARD AVENUE/EAST GOBBI STREET SIGNALIZATION IMPROVEMENT FEES VEHICLE GENERATION ANALYSIS VEHICLE- VEHICLES/ TRIP VEHICLES- NET AREA TRIPS ADDED ACRE FACTOR TRIPS/ACRE (ACRES) BY DEVELOPMENT % OF VEH.-TRIPS ADDED BY DEVELOPMENT *PD (R-2) 29.0 4 116.0 4.74 550 3.79% *PD (R-3) 43.5 3 130.5 7.97 1040 7.17% C-1 120.0 10 1,200.0 5.76 6912 47.68% C-N 109.0 10 1,090.0 5.~0 5995 41.35% 23.97 14497 100.00% ORCHARD AVENUE TRAFFIC THROUGH INTERSECTION Present No. of Vehicles, ADT Estimate of Total Added Vehicles (a) Traffic Equation: 6600 + 7248 Total Vehicles Through Signal, ADT 13848 % Computation: 7248 + 13,848 = 52.34% Development Share of Signals: 52.34% x $182,200 = $95,366 ZONE % OF VEHICLE DEVELOPMENT TRIPS ADDED BY SHARE OF FEE/ DEVELOPMENT SIGNALS ACRES ACRE *PD (R-2) 3.79% $3,617 4.74 $763 *PD (R-3) 7.17% $6,842 7.97 $858 C-1 47.68% $45,470 5.76 $7,894 C-N 41.35% $39,437 5.50 $7,170 100.00% $95,366 FOOTNOTES: *PD (R-2) (Multi-Family Residential) Med. High Density Residential per Land Use Map *PD (R-3) (Multi-Family Residential) High Density Residential per Land Use Map (a) Assumed at 50% of total vehicles added by development (not all new development traffi~ will use intersection) R:PW9 '9543' I!S'i'AI~I.ISI.IMIiNT el; CAPITAl_. IMI'ROVI~MF_.N'I' l:l.i}'-;S- A-r-~.h~e~l..il~l~.l.- .~. 9543: ESTABLISHMENT OF CAPITAL IMPROVEMENT FEES: A. Creation by Resolution: By resolution the City Council shall establish such capital improvement fees as it determines are necessary to contribute .toward the financing of public facilities. Each such resolution shall: 1. Establish and.describe the benefit and impact area within which the fee shall apply; 2. Set forth the specific amount of the fee; 3. List the Specific public improvemen{ or improvements to be financed;. 4. Describe the estimated cost of these facilities, and associated costs such as necessary engineering services and administrative costs; 5. Describe the reasonable relationship between the fee and the types of new development to which it will apply; 6. Set forth the time when the fee must be paid as follows: a..As to residential development that time shall not be sooner than the date of final inspection' or the date the certificate of occupancy is issued, whichever occurs first. The CitY shall not furnish utilities to occupants of any such residential development.prior to final inspection and the issuance of a cedificate of occupancy. The City shall disconnect utilities furnished to a residential development if that development is occupied prior to final inspection and the issuance of a certificate of occupancy. In accordance With the §§2136 to 2137, the City shall revoke the business license issued pursuant to Division 2 of this Code to any person (as defined in §2100) engaged in a business (as defined in §2101), if.such person padicipates as seller, broker or'otherwise in the sale of a residential development to an occupant of that development before final inspection and issuance of a certificate of occupancy. The City shall not issue a new business license to a person whose license is revoked as provided herein for a period of two (2) years. b. As to'all other development that time shall be at the time a building permit is issued. c. No certificate of occupancy or building permit, as appropriate, shall issue until the required fees are paid. "Building permit," "final inspections," and "certificate of occupancy," as used in this Section, have the same meaning as described in Sections 301,305, and 307 of the Uniform Building Code, International Conference of Building Officials, 1985 Edition; 7. Set forth the method for reviewing or modifying the fee or its use. B. Procedure: The City Council shall adopt each resolution according to the following procedure: 1. The resolution shall t)e adopted at a put)Ifc hearing at wl~ich any person may appear in person or in writing. 2. A lee study establishing tile reasonable relationslfip between tile lee and eacll parcel of proi)cdy to wlfi6t~ it will al')ply silall [)e available for l)ublic inspection) for at least ten (10) days prior to the t~earing. 3. Notice el tile hearing st~all be published in a newspaper of general circulation within the City ten (10) days prior to tile hearin9. Tile notice shall describe tile public facilities to.be financed witl~ tt~e fee, the are witlli~ wlficil tile leo will apply, tile amou~t el ttle'lee, and the ti{nes and location wllore tile leo study is available tot t)ublic inspection. (Ord. 882, §2, adopted 1988) l~ttp:l/(,(,. ! I ?,. 195.23.1/( ',Nit Ikiah/I I tit}(~()()2(R)t)()(12()(}tLlu~ I 2/9/2~:)' Attachment 3 Traffic Signalization Study Orchard Ave./E'ast Gobbi St. 0 I 430 .I 860 Feet ,720 AGENDA ITEM NO: 10b MEETING DATE: March 1,2006 SUMMARY REPORT SUBJECT: AUTHORIZE CITY MANAGER TO EXECUTE DOCUMENTS AND TRANSFER FUNDS TO PREPAY GOLF COURSE DEBT Staff has researched options for prepayment of the Golf Enterprise capital lease with Redwood Empire Finance Authority ("REFA"). Prepayment is possible and with an assumed 3% inflation/interest rate produces a present value savings of $188,788 over the life of the debt repayment and a first year (FY06-07) savings of $24,771. Background The back nine Golf Course land purchase financing was finalized on January 1, 1994 structured as a capital lease between REFA and the City, to repay bonds issued by REFA, with Bank of New York as the current trustee. This debt was issued for $1,145,000 on January 1, 1994 and the balance is now $790,000 with the next semi- annual payment due on May 15, 2006. The payment schedule extends through November 2018 with principal payments gradually increasing from $20,000 per year to $85,0O0. The interest rate to the City was originally at 4% gradually increasing to 6.4% this fiscal year. Prepayment is allowed starting November 2004, with a 2% premium [i.e. penalty] decreasing to 0% November 2006. The prepayment option reduces the Golf Fund's interest expense if the debt is replaced with lower interest rate financing. Due to the small balance remaining in the current loan, the option that would provide a lower rate RECOMMENDED ACTION: Authorize City Manager to execute documents and transfer funds to prepay Golf Course debt with funding provided by an internal loan from the General Fund's available reserves. ALTERNATIVE COUNCIL POLICY OPTIONS: Continue existing financing or provide staff with alternative direction. Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: Mike McCann, Finance Director Candace Horsley, City Manager Approved: Candace Horsley, Cit~ Manager is with funding arranged through a loan from available fund balance in the City's General Fund to the Golf Enterprise. The City has the option to prepay this debt at the payment date with a 1% premium of $7,900. The contract requires specific action: "by the City giving written notice to the Authority and the Trustee of the exercise of such option at least sixty (60) days prior to said Lease Payment Date [May 15, 2006]. Such option shall be exercised by depositing with said notice cash in an amount, which, together with amounts then on deposit.., will be sufficient to pay the aggregate unpaid component..." Internal financing could be set on a monthly basis at the City's net pooled cash earnings rate, which has ranged between 5 and 2.87% in the past five years. The City has internally financed in the past with MESA and the Special Projects Fund for capital purchases. The arrangement with MESA is the simplest possible arrangement, in effect charging MESA each month in the process of allocating earnings to all funds in proportion to their cash balance in the pool. With a negative cash balance in the Fund, they receive a negative allocation, or expense, at the pool earnings rate. The Special Projects Fund financing computes interest each June 30, at the average net rate during the prior 12 months. While allowing some variance from actual interest earnings this arrangement allows for more orderly budgeting on both expense and revenue sides. A second alternative is to arrange financing between the funds at a stated fixed or variable rate on an annual basis. This could generate a gain to the General Fund if the stated rate is greater than what the funds would earn if they remained in the investment pool. This provides the most predictable budget outcome but could result in a loss to the General Fund if interest earnings rates rise. Recommendation Staff recommends the option of using the City's net pool rate calculated on an annual basis each June 30, as the best tradeoff of budget predictability and risk management. Staff will complete a letter of notice and a net payment of approximately $728,000 before March 15 with final payoff calculation supplied by the Trustee based on balances in various reserve and service accounts and current interest earnings. The table below summarizes the major issues in this proposal. In addition to immediate prepayment the table includes the effect of making the prepayment concurrent with the November 2006 payment, to avoid the prepayment premium. Staff recommends the prepayment in May 2006. The bottom line is present value savings of $188,788 over the life of the debt repayment and a first year (FY06-07) savings of $24,771. Golf Lease Payoff Page 2 of 3 March 1, 2006 Summary of effects of Prepayment of Golf Enterprise Debt Remaining REFA Payments Principal payments through November 2018 Semi-annual interest payments through November 2018 Payment 15-May-06 790,000 369,940 (95,106) 1,064,834 88,930 Less: Estimated deposit held by Trustee Total scheduled payments Scheduled REFA payments in FY06-07 Proposed payoff concurrent with next scheduled payment Payoff on May 15, 2006 1% prepayment penalty 790,000 7,900 Less: Estimated deposit New financing required to complete prepayment Add: Currently budgeted May 15, 2006 interest payment Net payment needed May 15, 2006 (95,106) 702,794 25,065 727,859 Proposed payoff concurrent with November 2006 payment Payoff on November 15, 2006 Interest due November 15, 2006 Less: Estimated deposit Net payment to complete prepayment November 15, 2006 Internal transfers to repay proposed prel3avment New financing required to complete prepayment Annual internal payment at pool net return Total internal transfers FY2007-2019 (13 yrs) 702,794 64,159 834,062 Total savings of transfers vs. REFA Average Annual savings 230,772 17,752 Present Value of total payments or transfem Present value of Annual payments 2007-2019 Present value of total scheduled payments PV savings of transfers vs. bond schedule 682,324 871,112 188,788 Scheduled REFA payments in FY06-07 Less: Any final payment to REFA in FY06-07 Less: Annual internal payment at pool net return Savings vs. REFA schedule in FY2006-07 88,930 64,159 24,771 Payment 15-Nov-06 790,000 335,875 (95,106) 1,030,769 88,930 790,000 25,065 (95,106) 719,959 719,959 67,883 848,536 182,233 14,579 698,989 849,106 150,117 88,930 25,065 42,427 21,438 Golf Lease Payoff Page 3 of 3 March 1,2006 AGENDA SUMMARY ITEM NO. 10.c. DATE: March 1,2006 REPORT SUBJECT: DISCUSSION AND POSSIBLE CONSIDERATION OF PROPOSED WESTERN HILLS BUILDING MORATORIUM -BALDWIN As outlined in the attached letter, Vice Mayor Baldwin has requested the City Council consider a proposed western hills building moratorium to provide time for the City to implement elements identified in the Open Space and Conservation Element of the Ukiah General Plan. The letter is respectfully submitted for review, dialogue and possible action of the City Council. RECOMMENDED ACTION: DISCUSSION AND POSSIBLE CONSIDERATION ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Vice Mayor Baldwin and Councilmember Rodin Candace Horsley, City Manager 1 - Letter from Vice Mayor Baldwin dated February 23, 2006 APPROVED: candace H~anager ATTAGI-IMF. NT (: ,, February 23, 2006 Fellow Councilmembers For our odandchildren and their posterity, for tourism and a better business climate, for our own physical and mental health, it's time to make the very tough decision to defend the Ukiah General Plan and our western hills. Many previous Ukiah City Council's have forgotten or ignored that our General Plan reminds us these hills are elemental to "the identity of Ukiah and the Valley." Because the gating off of Ukiah's western hills is underway and major new hillside development is imminent, because we have failed to adopt long overdue hillside zoning regulations, and because the City is prepared to spend up to $500,000 for new groundwater wells dipping into an aquifer critically, possibly uniquely, fed by the western hills watersheds of Orrs, Doolin, and Gibson creeks we need an immediate moratorium on building in the hillside zone. A western hills building moratorium is now in order because existing developments, current, projects, and imminent plans threaten our ability to implement the General Plan's Opens Space and Conservation Element. Existing developments, current projects, and imminent plans cottld, as well, negate the rationale for revision of our Hillside Zoning Regulations. New Hillside Zoning Regulations, supported by the Western Hills Constraints analysis by Leonard Charles & Associates, are crucial for our community health and hillside preservation. Proposed revisions have unfortunately been bandied between Plamting Commission and three different Councils for six years now. New development before these critical regulations are in place is premature and preemptive. A western hills building moratorium is the only way the City of the Ukiah will be able to implement measures required by the unanimously adopted 1995 General Plan, the law of the land for development in Ukiah. One of the basic findings in our General Plan recognizes that "preserving the hills on the western side of the Ukiah Valley will provide environmental benefits to the valley. Additionally, the hillsides are an aesthetic and visual resource fundamental to Ukiah residents and to the tourist industry and they add economic value to property throughout the valley." Of critical importance in considering a building moratorium is the Open Space and Conservation Element of the Ukiah General Plan. This Plan Element states "before buildout makes it infeasible .... identify and select locations within the hills which would be appropriate sites for public acquisition (to) provide points of connecting access from ridgetop trails into the Valley." We have yet to implement numerous other measures required by this Element of our General Plan among which are OC 9.2 included to ensure "instream water flows adequate to maintain and protect historic fisheries in the streams and creeks of the Planning Area." As we are aware, existing projects and each new project in the western hills creates a threat of reduction in stream flows and, as we have not implemented this General Plan requirement, we now have no way to protect the stream flow to protect the fishery and no way to guarantee recharge of our aquifer. A moratorium on western hills building will provide time for the City to realize several other requirements of the General Plan's Open Space and Conservation Element 10.3 "to identify and select locations within the hills which wOUld be. appropriate sites for future acquisition" and to "identify ridgeline areas found to be suitable for general public use for possible acquisition." The Plan expectation for density transfer provisions to encourage development and dwelling clustering to enhance land "conservation" has been ignored completely in the first, hillside subdivision and we have no regulations in place to see that clustering takes place in the future. (OC 11.1 & ll.2). These General Plan measures will never be realized without a funding mechanism for open space acquisition and preservation. This and previous Councils have yet to address this need. A western hills building moratorium will ~ve this Council the time it needs to consider and adopt such a funding mechanism; for example a fee on building permits, which would, at the very least, provide the City of Ukiah with funds for easement contracts and for matching grants to purchase fee tire to open space considered a unique part of Ukiah heritage. The City of Ukiah now lacks the tools to protect the western hills from those who may promise to blend into the hillside and then do othe~0vise. We need a time out to get our act together to prevent unlimited hillside development of massive first homes, second homes, and numerous unsightly out structures. A moratorium will allow the citizens of Ukiah the ability to put our defense in order with the new regulations and a funding mechanism to implement required General Plan measures as well as to protect, the source of Ukiah's underground water. And this breather is critical to protect the health and safety of Uldah citizens as we look toward build out and an ever more densely populated and car packed town. A legacy is "a gift, a bequest - something received from an ancestor or predecessor or from the past.'" Phil Baldwin ' Webster' s Seventh New Collegiate Dictionary' AGENDA SUMMARY Item No lO.d Date: March 11 2006 REPORT SUBJECT: DISCUSSION AND APPROVAL OF MATCHING FUNDS FOR FISCAL YEAR 2005-2006 COYOTE DAM FEASIBILITY STUDY Vice Mayor Baldwin, the City's Inland Water and Power Commission (IWPC) representative, has requested that this item be agendized. The IWPC has been designated as the local sponsor for the raising of the Coyote Dam Feasibility Study. The current estimated cost for the feasibility study is approximately $5.8 million with the local sponsor share being half or $2.9 million over an estimated five years which would be the time needed to complete the feasibility study. For this fiscal year, the Federal Government has approved an allocation of $100,000 towards the feasibility study and IWPC must now submit its matching share of a $100,000 in order for the Corps to proceed with the initial stages of the study. Only three agencies within IWPC have agreed to participate in the study: Potter Valley Water District, the Russian River Flood Control District and the City of Ukiah. Each agency's share for this fiscal year would be $33,333.33. These funds are budgeted within the Water Utilities Capital Project Fund #840-3850-800. Several Council members attended the recent IWPC meeting where a Corps Engineer representative presented additional information regarding the feasibility study. The minutes of this meeting will be provided by the Recording Secretary by the first of next week. Attached for Council's information are two Agenda reports regarding the Feasibility Study that were submitted to Council in 2005. RECOMMENDED ACTION: Discussion and possible action regarding joint funding of feasibility study for Fiscal Year 2005-2006 ALTERNATIVE COUNCIL POLICY OPTIONS: Citizen Advised: Requested by: Prepared by: Attachments: Vice Mayor Baldwin Candace Horsley, City Manager 1. February 9, 2006 Minutes - to be provided separately 2. Agenda Summary Report- January 19, 2005 3. Agenda Summary Report- September 7, 2005 Candace Horsley, City~anager AGENDA Affochmenf # ITEM NO: MEETING DATE: January 19, 2005 SUMMARY REPORT SUBJECT: APPROVAL OF JOINT SPONSOR AGREEMENT WITH UNITED STATES ARMY CORPS OF ENGINEERS The Army Corps of Engineers (ACE) has approved a feasibility study on the potential raising of Coyote Dam. ACE requires a local sponsor for the project, of which the Inland Water and Power Commission (IWPC) has now been designated. This local sponsorship also requires a 50/50 cost share for the Feasibility Study. Four agencies are represented on the IWPC, including The Russian River Flood Control and Water Conservation Improvement District, Potter Valley Water District, Redwood Valley Water District and the City of Ukiah. The feasibility study is estimated to cost $4 million, with the local share being $2 million. The study will look at increased storage capacity (with the Dam being raised anywhere from 10 to 46 feet), safety issues, environmental impacts, other potential options for increased water such as dredging, and impacts to the recreational areas. The study will take three to four years to complete once it is begun. ACE initially did a reconnaissance study to determine if a feasibility study would be worthwhile. They have made the determination that it is worthwhile to go forward, even though they are not making the reconnaissance study available for public review. The RECOMMENDED ACTION: Approval of agreement between the Army Corps of Engineers and Inland Water and Power Commission for the Coyote Dam feasibility study. ALTERNATIVE COUNCIL POLICY OPTIONS: Discuss and provide alternate direction to staff. Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Candace Horsley, City Manager Candace Horsley, City Manager David Rapport, City Attorney 1. Coyote Dam Feasibility Study Approved: Candace Horsley, City Manager 4:CAN/ASR.CoyoteDamFeasibility.011905 Potter Valley Water District and Russian River Flood Control and Water Conservation Improvement District have supported the concept of the feasibility study along with funding participation and are currently reviewing the contents of the ACE agreement. Redwood Valley Water District has stated that they will support the project; however, they are concerned that the County of Mendocino Water Agency is not currently involved, and are therefore apprehensive about the potential costs and have not committed to a cost share. ACE has allocated $200,000 this year for the study, and will be expecting a cost share of $200,000 from the local sponsor, which equals $66,667 each for the three agencies, or $50,000 each if Redwood Valley Water District commits. The City Attorney has reviewed the agreement between ACE and the Inland Water and Power Commission for the Coyote Dam feasibility study and has one concern as follows: '~Fhe one concern I have is Art. II.H which makes the Sponsor financially responsible for any cost of developing a response plan for addressing any hazardous substances "... existing in, on or under any lands, easements or rights-of, way that the Government determines to be required for the construction, operation, and maintenance of the project." Since the project is raising an existing dam, the agreement somehow makes the Sponsor responsible for all costs associated with developing a response plan, if there are hazardous substances in, on or under the existing dam as well as any other land or fights of way required. At a minimum, we should get some clarification from the Corp as to what this provision requires and why these costs are the exclusive responsibility of the Sponsor." Staff is requesting Council's approval of the agreement with ACE, with the caveat that further clarification of the response plan will be provided by the ACE which will satisfy the City Attorney's concerns. AGENDA Affachment # ITEM NO: .., c~ C MEETING DATE: September 7, 2005 SUMMARY RE'PORT SUB::IECT: DISCUSSION REGARDING VARIOUS INLAND WATER AND POWER COMMISSION ISSUES Vice-Mayor Baldwin, representative to the Inland Water and Power CommissiOn ([WPC), has requested that this item be agendized. The ]~WPC has asked each agency to discuss several topics and before the IWPC Commission makes final decision. t) Russian River Watershed Association (RRWA) Membership: The IWPC members are considering whether they would like to stay as members of the RRWA. Attached please find a memo from the City Manager that outlines some of the benefits for IWPC that was given to them to take to their various agency boards for discussion. The City of Ukiah has two memberships with 'the RRWA, one through a direct agency membership and then through the IWPC. We receive many benefits due to our affiliation and joint participation regarding our NPDES permit requirements and our sewer treatment, plant. However, the IWPC is formulated by a group of water districts, some of which do not have NPDES permit requirements nor do any of them run sewer wastewater treatment plants. There is a very obvious and direct benefit to the City of Ukiah whether the IWPC continues their memberShip or not. The level of financial commitment for IWPC with the RRWA for this fiscal year is $9,481 which is split four ways. RECOMMENDED ACTION: direction to City Representative Discuss the items requested by IWPC and provide ALTERNATIVE COUNCIL POLICY OPTIONS: 'None Citizens Advised: Requested by: Prepared by: Attachments: Vice-Mayor Baldwin Candace Horsley, City Manager :[. Benefits of RRWA Membership 2. Agenda Item RegardingCreek Studies Approved: Candace H0rs'ley, Cit~ Mana~x Page 2 Inland Water and Power.Commission - Various Issues - September 7, 2005 2) 3) Water Supply Studies on various Creeks: The City. Council approved $2,000 towards funding on various 'creeks in the region, to determine potential water supply sources. One study was completed on Busch Creek in Potter Valley and the yield is approximately 7,085 acre feet in an average year. Any consideration for use of this water would involve several issues: 1) Application to the State for a water right permit would be around $106,000 plus an annual fee. 2) In order to store the water, a reservoir site would need to be studied, CEQA reviewed, State and local requirements satisfied and then construction. There were five creeks originally considered by ]:WPC for study. The question is whether we wish to continue studying some of the other creeks that were slated as potential candidates for study, which include: Robinson, Ackerman, York and Hensley at the cost of roughly $1,500 each; they all are blueline, Which means they have 'viable stream flow and endangered species are currently or capable of living in the creeks. Miscellaneous: City Council had previously requested information regarding the IWPC's involvement with the feasibility study for the Coyote Dam project: The estimated cost for the feasibility study is $5 million with $2,5 million coming from the local sponsors. The sponsor-cost could be less if the Corps of Engineer determines there are construction issues that are under the Corps' jurisdictional authority and therefore, should be covered entirely by the. Corps budget. One of the other issues that was .discussed by Council was whether-it was possible to form an agreement for percentage of benefit if additional water was available through raising the' dam. Most agencies on ]:WPC are not willing to sign an agreement regarding that benefit until they find out what the scope of the project and how much the estimated cost for that project woulcl be. The Corp has stated that the current spillway, which is on the southern end of the lake, may not be as stable as they would like, and if they need to reconstruct this spillway to be broader and higher, this could potentially add 20,000 acre feet to the reservoir. However, that 20,000 acre feet most likely would belong to the current water-right holders of the lake water, which are the Russian River Flood Control District and Sonoma County Water Agency. Page 3 Inland Water and Power Commission - Various Issues - September 7, 2005 If the dam was raised, IWPC would most likely be a partner in the construction, of which 75% would be paid for by the Corp. Since there is no determined project at this point, there are no real estimates of costs though some figures that had been tossed around several years ago are between $50 million and $75 million. Determination of whether the spillway needs repairs or whether the raising of the dam is a viable project will be determined by the feasibility study process. Once the feasibility study was completed and if there was a recommendation for raising the dam, IWPC would definitely be a participant and at that point, agreements would be determined for cost sharing.