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HomeMy WebLinkAbout2002-05-01 Packet CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 May 1, 2002 6:30 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS a. National Association of Letter Carriers (NALC) Food Drive b. America The Beautiful Day in Ukiah 4. APPROVAL OF MINUTES a. Regular Meeting of April 3, 2002 b. Regular Meeting of April 17, 2002 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's Boards and Agencies may be judicially challenged. 6. 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. Report of Disposition of Surplused Materials, Used Equipment and Supplies b. Adoption of Ordinance Rezoning Portions of Assessor Parcel Numbers 003-472-08,003-472-13, and 003-472-14 From C-2 to C-N c. Approval of Letter of Support for Mendocino County Youth Project's Grant. Application for Funds From the Family and Youth Services Bureau for a Transitional Living Project d. Approval of Notice of Completion for Construction of Riverside Park Perimeter Fencing e. Award of Bid to Mike Dunn Painting for Painting the Interior Walls of the Ukiah Civic Center in the Amount of $19,220 f. Award of Bid to Carpet One of Ukiah to Remove and Replace Carpeting at Ukiah Municipal Golf Course Pro Shop and Ukiah Civic Center in the Amount of $77,988 g. Award of Bid For Various Pad Mount Transformers in the Amount of $60,101.84 to Various Vendors h. Award of Bid to Sangiacomo Landscape Services for Landscape Design and Installation Services at Various City of Ukiah Locations my fellow City Co un ciIm embers PhiI Baldu4nj I~th y Ia'bb~, Roy Smith~ and Eric Larson do h ereb y proclalm May 11, 2002, as WHEREAS, across America, in large cities andsmall towns~ letter carriers travel their routes everyday throughout all communin'es,, and WHEREAS, these men and women are keenIy interested ~n the well-belng of thelr t~'ends and ne~hbors and uniquely aware of the hunger facing many famiIies,, and WHEREAS, these individuals and the U.S. Postal Ser~fce have embarked on an ambin'ous project to help feed the hungry through the annuallVan'onalAssocian'on o/Letter Carriers RVALC) Food Drive/ and WHEREAS, postal customers simply leave food items in bags by their mailboxes on the Food Drive day and when the city letter carrier delivers mail that day the food is collected, taken back to a postal stan'on, then delivered to the local food bank,, and WHEREAS,whatbeganasapilotprogramintencitiesin1991hasgrownquickly~ into the largest one~tay food collecn'on in our nan'on. NO V~, THEREFORn~,,, I, PhiHip Ashiku; Mayor of the City of Ukiah, on behalf of NALC NA ~rlONAL FOOD DRIVE DA YIN UKIAH and urge ail cltLrens to take part byplaclng a food donan'on by your mallbox on Saturday~ May 11 so your letter carrier can pick it up and deliver it to the Food Hank. Date: May 1, 2002 PhiHip )~shiku, Mayor ~.~ ~VH~HEAS~ throughout the history of ci~h'zation, men and women o£ good ~ffl[ have honored their war dead~ pa~4ng homage to those who went into Harms V~ay when their country ca#ed,, and VVHER~ since May 30~ I868Americans have set aside a day of remembrance for those ~vho have diedin our nation ~s service, ~'rst calledDecoration Day~ describing t~owers beingplaced on the graves of Union and Confederate soIdiers at ~h~gton ~ational Cemeter~ and now ~emoriaI Da~ ceIebrating the Iives of our great patriot, and ~R~A~ ali of u~ veterans or no~ have a duW to p~s on to future generations the blessings of h~erW and an appreciation for ~e ~lues of patriotism, hones~ chari~ ci~li~ and ~ence that pro~des the h~m foundanbn for our ~eedo~. and ~R~A~ a speci~ 'bld f~hioned" celebration b being planned for ~e U~iah communiW to honor our dece~ed veterans and express our appreciation for ~e h~ and Iiberties our ~eedom affor~ u$. and ~R~ ~b ~H day o[~miIy ~n, ~th ~e Americana ~eme of *~tagecoach to the ars, wi#~ature ~e Stars and Stripes ~ng ~roughout to~, a do~to~ brea~ Sram Street parade, cemetery memorial ceremon~ andenter~nment andfood~sn'~at ~e p~ inclu~g a homemade apple pie baheo~ and ~R~A~ Operation Flags h~ organized ~is h~st ann ualMemori~ Day celebranbn and ~onaut ~jor General Charles Bolden, ]r., pilot of ~ree space shuttle mission~ will be the special guest for ~is communiW event. NO ~ THKRKFOR~ [ Phi~ ~h~ ~yor of ~e Ci~ of UMW, on beh~f of my~ow Ci~ Counc~member~ Ph~B~d~n, ~thyLibb~ RoyS~, ~d~ric ~on do herebyprocl~m May 27, 2002 as AMERICA THE BEAUTIFUL DA YIN UKIA H and urge all citizens to gather ~4th famiIy to participate in the planned MemoriaI Day acti~ties and ta~e a moment to than~ those who have gone before us in the di~entandunrelenn'ng el~Cort to mainnu'n our freedom and liberties as Americans. Date= May ~ 2002 3b Philh'p Ashi~u, Mayor 4a MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, April 3, 2002 The Ukiah City Council met at a Regular Meeting on April 3, 2002, the notice been legally noticed and posted, at 6:30 p.m. in the Civic Center Council Seminary Avenue, Ukiah, California. Roll was taken and the following Ct were present: Larson, Smith, Libby, and Vice-Mayor Baldwin. Staff present: Public Utilities Director Barnes, Assistant City Horsley, City Attorney Rapport, Planning Director Stump, Fire De Yates, and City Clerk Ulvila. ,ger Vice-Mayor Baldwin conducted the meeting since absent. 2. PLEDGE OF ALLEGIANCE Councilmember Larson led the Pledge of 3. SPECIAL 3a. City_ Council Viewing of Fire Prevention Chuck Yates, Ukiah Fire Department Acting Chief, provide, Prevention Safety Trailer located ~xt to the Council ier ~cil of the Fire 6:31 p.m. - Council left the 6:39 p.m. - Council City Manager Horsley explained local Soroptimist service group Fire Prevention which for training to do in obtained a grant and the ~ours to raise for the completion of the a replica of a bedroom and kitchen and allows 'e. 4. :LAMATI~ 4a. ~ek of th, Vi~ the Young iah and children community. Child in Ukiah proclaiming April 7-13, 2002 as the Week of citizens to recognize and support the needs of sched~ Park and young ch hton April 1 the Proclamation and invited everyone to attend the parade consist of children and teachers marching to McGarvey of City Hall. She stressed the importance of spending time with ! 2~ PRI Ukiah Child Abuse Prevention and Awareness Month Ivila read the Proclamation, on behalf of the City Council, proclaiming April Child Abuse Prevention and Awareness (CASA) Month in the City of Ukiah ed all citizens to join in a national effort to raise awareness and help prevent child se and neglect. Regular City Council Meeting April 3, 2002 Page 1 of ]2 Sharon Hilderbrant, representing CASA, accepted the Proclamation. She discussed events being scheduled in recognition of April being Child Abuse Awareness Month and invited the public to attend. 4. PROCLAMATION 4c. Workers Memorial Day- April 28, 2002 Vice Mayor Baldwin read the Proclamation proclaiming April 28, Memorial Day in the City of Ukiah in recognition of workers injured ob. Terry Poplawski accepted the Proclamation and thanked r the Mendocino Coalition. He invited the public to attend ~ck Alex Thomas Plaza on April 28th. 4. PROCLAMATION 4d. April 2002 as Poetry Month in Ukiah Councilmember Libby read the Ukiah and urged all citizens to attend sch'i community, participate in the "Poem of the Day" region's Poet Laureates in their special session at the Gra the be held as Poetry Month in gs throughout the Ukiah Library, join the M, ;um. Armand Brint, City of Ukiah accepted the ~. 5. PRESENTATIONS 5a. Presentation by Armand Laureate Program Armand Brint, City of Ukiah Poet first Poet a rules for the :e program provided he has events .nth. He school~, Poet ivised he was appointed Ukiah's {mittee has been meeting monthly to develop election of future poet laureates. He in this past year as well as upcoming :) discuss the poetry series in Mendocino possible poetry competitions. 5. PRE~ 5b. Council~ ~ers Baldwin and Smith to Read Poems written by Shel Silverstein, "Sarah Cynthia Sylvia e Out". n a poem written by Kurt Vonnegut. OF MINUTES Meeting of March 20, 2002 ,ila advised that minutes of March 20, 2002 have not been completed and continuance to the next meeting. TO APPEAL DECISION ,or Baldwin read the appeal process. Regular City Council Meeting April 3, 2002 Page 2 of 12 8. CONSENT CALENDAR Vice-Mayor Baldwin stated that he would prefer to discuss the Consent Calendar item 8a under 12e. New Business. Consensus of Council was to hear the item under New Business. 9. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward to address Council. 10. PUBLIC HEARING 10a. Approval of Application to Demolish a Structure 744 South State Street Planning Director Stump advised that the owner of. State Street has applied for a Demolition Permit to building on the site. The structure was built in 1in like to demolish it. On March 13, 2002, the considered the application and Historical unanimously found that none of the criteria in the Ukiah applied, and therefore the structure is not historically However, the Committee found the ice cream cone sign original 1948 "Frosty Shoppe" ncluded that every salvage it. Staff has discuss~ an~ be salvaged. Located at 744 Mr. Frostie's comm~ and the owner would Review Committee Judy Pruden, and !pal Code Section 3016(E) ly significant. may be the ~ould be made to the sign can Public Hearing Opened: 7:06 p.m.' William French value and th~ encouraged to the Willit :il to preserve the sign based on its historical Public Closed p.m. Di= should the Corporation Yai of the sign. It was noted by staff that, not to de ~e sign, it could be stored temporarily at the City's it could be moved to the museum. a Demolition Permit for the structure located at 744 South ~ased on t that the structure does not have historical or architectural blfollowing roll call vote: AYES: Councilmembers Larson, Smith, Baldwin. NOES: None. ABSENT: Mayor Ashiku. ABSTAIN: None. HEARING of Application to Demolish a Structure Over 50 Years Old Located hland Avenue Director Stump advised that the owner of the property located at 109 Highland has applied for a Demolition Permit to demolish a single-family residence on the The home was built in 1898, is in disrepair, and the owner would like to demolish it Regular City Council Meeting April 3, 2002 Page 3 of 12 and sell the property. On February 26, 2002, the City's Demolition Permit Review Committee considered the application and Historical Profile prepared by Judy Pruden, and unanimously found that none of the criteria in the Ukiah Municipal Code Section 3016(E) applied, and therefore the structure is not historically or architecturally significan[~,~ii',i~i?~i:,~,:~:: ...... Public Hearing Opened: 7:12 p.m. iiii!i~ No one came forward to address Council. ........ Public Hearing Closed: 7:13 p.m. M/S Smith/Larson approving the Demolition Permit for the Highland Avenue based on the finding that the structure d~ es not architectural significance; carried by the following roll call Larson, Smith, Libby, and Vice-Mayor Baldwin. NOES: ABSTAIN: None. 10. PUBLIC HEARING 10c. Introduction of Ordinance 003-472-08, 003-472-13, and 003-472-1 (Neighborhood Commercial) Planning Director Stump advised that the applicants item be continued to the meeting of April 17, 2~ conflicts that were unknown at t noticed as a Public Hearing= interested citizens, then matter ..... are notice was pul the he~ April 1 Mayor Ashiku. Parcel Numbers ommercial) to C-N ,sting that this of scheduling Because it was ~nd hear from any meeting date. Public Hearing Opened: 7:16 p.m.' John Lappe, a Lrchitect for proposal is line to building, addi look simil; meet a diversity of ~ior citizen nee~ be p! He conc~ staff's .... A brief discu~ wed ect, discussed the project and explained the ~date 10 additional units to the existing g structure and should be able to he community. Additional parking will also :lation to continue the public hearing. project. g ~p.m. 2002 Coui to the Public Hearing regarding the project to the April 17, leeting carried by the following roll call vote: AYES: Councilmembers Libby, and Vice-Mayor Baldwin. NOES' None. ABSENT: Mayor Ashiku. le. HEARING of Community Development Block Grant (CDBG) Application for Valley Cultural/Community Center City Manager Fierro advised that on March 20, 2002, the City Council con~ ucted a Public Hearing approving the design phase of the Ukiah Valley Cultural and Regular City Council Meeting April 3, 2002 Page 4 of 1_2 Community Center Community Development Block Grant (CDBG) application, and adopted Resolution 2002-31 authorizing the submittal of the application to the State. Councilmember Larson expressed discomfort in tying up the City's CDBG fundin< project over the next two years. He also discussed the situation with The Project's attempt to develop a permanent homeless shelter and the involvement with the project. :his Discussion followed related to the CDBG funding cycle and the allocation each year. It was noted by staff that the City would $800,000 annually in various areas of funding even if funding ' this ~t of Public Hearing Opened: 7:27 p.m. William French, Ukiah, cautioned Council about encouraged Council to look at other priorities ir problem. ;uch as the homeless Jim Mulheren, Ukiah, encouraged Council to support iect. Public Hearing Closed: 7:29 Councilmember Libby importance of a recreation the community have been very po,, how it would benefit certain segmen have access to this type of program. com! She Unified the res in the realizes the ;e and comments from for the project and who currently do not M/S :ing Staff to Valley Cu nity Center. CDBG grant application for the Ukiah Publ Dotty Copel, funding at the I; Street Project withdrew its application for grant the Ukiah Unified School District, explained that he has from the Board of Education and how the project would 1 Closed: 7:36 p.m. by the following roll call vote: AYES' Councilmembers Larson, Smith, ),or Baldwin. NOES: None. ABSENT: Mayor Ashiku. ABSTAIN: None. NFINISHED BUSINESS Consideration of Ballot Measures for November 2002 Election Regular City Council Meeting April 3, 2002 Page 5 of ]2 City Manager Horsley advised that at its March 6, 2002 meeting, Council discussed possible ballot measures and a presentation was made by the Mendocino Council of Governments (MCOG) consultant regarding a voter opinion road survey that was distributed throughout Mendocino County. Councilmember Larson, the City's representative on MCOG, discussed a MCOG workshop earlier this week to discuss possible sales tax November election. A half-cent sales tax dedicated to transportation maintenance was discussed. He explained how other cities within with this issue. He continued to discuss the option of the County authority whereby they would have the ability to put a under the Public Utilities Code. It was the consensus possible approach to generating a good result for the supporting road maintenance with additional taxation. Considerable discussion followed concerning th measure for transportation purposes only, and,l survey were discussed and it was noted that in would require the support of the private sector and organ Commerce. In order for the City to propose raising the cap special legislation. d road ling the ;ity proposing a ballot results of MCOG's to be successful, it ~s, such as the Chamber of would require Chris Brown, Mendocino revenue go toward school risks of diesel fuel emissions. :emenl agement 5% of the related to the health Jim Mulheren, Vice-President of the' opinion that the encouraged .nsient Occul: citizens Ukiah ~ber of Commerce, was of the support a half-cent sales tax. However, he (TOT) so it would not directly affect the sah re and Will enc( Council to consider putting an increase in portion of it is allocated toward school bus Imember :ussed the possibility of state transportation funding being id was of that it would be more successful as a countywide initiative ,r the City' a measure on the ballot regarding road maintenance since ~tly best pavement management rating in the County. He was in favor of loc, that can't be taken away by the state. Libby reported that she also attend the MCOG workshop and felt it was a road tax would not pass in the City Limits of Ukiah at this time. the results of the survey, she was not supportive of a ballot measure. She have more public input regarding a possible increase in TOT before making of whether to include it as a ballot measure. Regular City Council Meeting April 3, 2002 Page 6 of ]2 Councilmember Smith was of the opinion that an increase in the TOT should be considered but not an increase in sales tax. Steve Turner discussed previous road surveys and the importance of community on an issue in order for it to gain support. Consensus of Council was not supportive of an increase in sales tax. It was the consensus of Council that the matter of placing a me! returned to Council for further consideration at the next meeting. options available to the City such as special legislation i~ transportation authority and an expenditure plan, developi~ the funds based on population, and increasing the Council. Recessed' 8:36 p.m. is 11. UNFINISHED BUSINESS 11b. Adoption of Ordinance to Prohibit City Clerk Ulvila advised that at its March 20, 2002 meetir an Ordinance, by request of the U Unified School District School District property. The O introduced by title was approved by a 4 to 1 w Ordinance is Council for adoption. District Property cil considered on its introduction presented to M/S Libby/Smith adopting prohibiting skateboards on public prop 32. amen( nated b~ ~e City Code Section 6180 Council Resolution No. 2002- Vi~ qdwin that the and regulations are adequate. Moti~ by the roll call Libb, 5: Councilmembers Larson, Smith, and Mayor Ashiku. ABSTAIN: None. 12. NEW BI Planning to Ilock & for the =il Concerning Award of a Consultant Contract With Transportation, Inc. for the Preparation of a Traffic ons to the Airport Industrial Park Industrial/Mixed-Use Amount Not to Exceed $8,000 Stump advised that on March 20, 2002, the City Council approved a to fund the Traffic Study for the revisions to the Industrial/Mixed-Use Airport Industrial Park (ALP) Planned Development Ordinance. The was awarded to Whitlock & Weinberger Transportation, Inc., who authored for the Capital Improvement (traffic impact) Program for the AlP. The will evaluate the potential traffic implications resulting from full industrial, , or professional office development, as well as some possible residential pment Regular City Council Meeting April 3, 2002 Page 7 of 12 M/S Smith/Larson to receive the Staff Report. Councilmember Libby noted her concern with sole source bids and hoped th~ being careful spending taxpayers money. is Director Stump explained that staff is well aware of the situation and bid submitted would have been higher because the firm is very situation in Ukiah. He further explained that there is not as assumed in the original traffic study because of the lack of develo AlP traffic !ally Motion carried by the following roll call vote: AYES' Libby, and Vice-Mayor Baldwin. NOES: None. bers Larson, Smith, ABSTAIN' None. 12. NEW BUSINESS 12b. Approval of Contract with Leonard Revised Environmental Impact Re Creek Bridge Project in the Amount Not to Ex~ Planning Director Stump explained that in 1999, Leonard contract with the City, prepared Avenue Extension/Orr Creek Council for certification, a resolution. It appears that on design issues in anticipation sections contained in the EIR need .d to recommended Council's approval source Associates to EIR acc~ Environmental Impact ;ct. Prior to present ling, for Preparin_~ a Extension/Orr 580 ;s and ;ociates, under the Orchard EIR to the id issues required has been working ect. A number of the new bridge design. He to Leonard Charles and the SO 3proximat~ uired if it 000 in fun< )rdinate to work with the County, since the aside with MCOG for traffic analysis for and funding to offset the cost of the project Director Stum ;ed that staff would discuss the matter with the County concerning the M/S the origin~ amount nc Coun~ Mayor Ashi a the contract with Leonard Charles and Associates to revise for 'chard Avenue extension and Orr Creek Bridge Project in the exceed $43,580, carried by the following roll call vote: AYES: Larson, Smith, Libby, and Vice-Mayor Baldwin. NOES: None. ABSENT: N' None. BUSINESS :horize the Mayor to Execute Letter of Agreement 02-SNR-00485 With The srn Area Power Administration For the Purchase of Excess Capacity Manager Horsley explained that Councilmember Libby called yesterday asking staff Regular City Council Meeting April 3, 2002 Page 8 of 12 to provide the original staff report from 1994 since it was not included in the current packet. Councilmember Libby explained that she is requesting further information be as to provide a history of the project and the purchasing of excess power by t SO Public Utility Director Barnes advised that the agreement with West~ Administration terminates today and they will not deliver any excess until Council approves the agreement. He did not expect the excess capacity before Council could decide the matter. City use Consensus of Council was to table the matter until the coun'~?~eeting. 12. 12d. Authorization of the City Mana~jer to Ne~¢;~b and Enter Into a Professional Consultin~ Services A~reement with SP~ ~sociateS~sulting Engineers to Provide Desitin Services and Prel~ar~~ J~tion ~~ents for the City o! Ukiah's Water Treatment Plant Improvemei Exceed $565,478 Public Utilities Director Barnes advised that proposals services and prepare construction (WTP) Improvement Project w Health Services (DHS) has additional treated water needed to replace the lost capacity noted in the Staff Report. ,cuments for the City of from 19 engineerin{ are He the we Amount Not to en( eering design Plant Department of ;d in the VVTP and the improvements DHS requirements, as He continued to; with the exist in the would form wint~ summer mon ~rocess. review. .the condition possess the not the City City wells. SPH Associates has experience thereby having a significant advantage to the City's Water Treatment Plant to use wells that may require some that the wells couldn't be used during the however, they could still be used during the ~nitor the wells. service~ Treatmeni following Baldwin. · ' the City Manager to negotiate and enter into a Professional Services with SPH Associates Consulting Engineers for design construction documents for the City of Ukiah's Water lent Project in an amount not to exceed $565,478; carried bythe vote: AYES: Councilmembers Larson, Smith, Libby, and Vice-Mayor None. ABSENT: Mayor Ashiku. ABSTAIN: None. Wi'l N SlNESS Retaining Wagner & Bonsignore for the Preparation and Filing of a Change in Place of Use for an Amount Not to Exceed $15,000 and of the g Into a Cost Sharing Agreement with Millview County Water District, 3w County Water District, and the Calpella Water District. Regular City Council Meeting April 3, 2002 Page 9 of ]2 Vice-Mayor Baldwin requested further information on the matter, particularly with regard to the City's relationships with other water districts. Public Utilities Director Barnes explained that the petition is required to identil utilized by Willow County Water Agency, Millview County Water Agency, District, and the City of Ukiah, through the emergency intertie. Each of the is also required to submit a petition for change in use, relative to the t through the emergency intertie. Rather than each Water District petition, staff believes it would be more cost effective to prepare a sin cover all users of the emergency intertie. All Districts agreed that a the most cost effective method of meeting the requirement in ad~ Districts flexibility relative to transfer of water. Wagner submit the petition on behalf of all parties. The excess water to those other Water Districts. City Manager Horsley explained that the agr situations related to equipment failure. are ~e nore lg to do with selling y for emergency Vice-Mayor Baldwin expressed concern with these agricultural and irrigation purposes and maintaining districts using water for ~rds of diversions. Director Barnes explained that we can accommodate them. He further explained how about their use of water by custom, call the City and we Ii I, we will them ~ur supply to see if cost of that water. City advised them Councilmember Larson inquired a,, water. He also to why the the other often ty calls upon the Districts for ihould pay half the cost if it's for the benefit of Dir~ the He to the State. discus: the limited am water, to eacl times that the City has had to call upon is based on the number of connections. ity to review the petition prior to its submittal ~d Peter,, Control B~ importar ,d Valley, discussed her phone call to the State Water information they provided her regarding filing the petition. lderstand issues affecting other water districts and the City of Libby inquired if the City's water attorney, Gary Rutherford, has reviewed V Horsley advised that he has been involved in this matter every step of the yor Baldwin inquired about CEQA costs and LAFCO's involvement. Regular City Council Meeting April 3, 2002 Page 10 of ]2 Director Barnes explained that he would need to discuss those issues with the attorney. He thought that an extension had been requested until mid May in order to obtain all intertie connection agreements prior to June 1st. Vice-Mayor Baldwin requested Council postpone its decision on the matter returned at the next meeting to allow staff to gather further environmental documents, CEQA review, LAFCO approval, current a( ard to Consensus of Council was to table the matter to the next me{ 13. COUNCIL REPORTS Councilmember Larson reported that he attended Redwood Empire Division of the League of California topic of discussion was River Watch lawsuit. 3m and Congressman Thompson about what can level of the law in which river water could be cities. He attended the Gibson Court open houSe. and also the inWillits. Them~ meet with Mayor level to tighten up the lem for a number of Councilmember Smith reported that he attended the Empire Division of the League's Committee meeting in which services. He reported on the regarding terrorism preventi at this time and they are listed on thl Vice-Mayor Baldwin on the Ukiah attended a MTA Board meeting in more service, he attended Jim Whalen on and app~ eting in Willits. He made presentation.~ a and the ~'s Oversight City's banking in which legislation bills being discussed that he represented ion Di,, leeting last week. He also hard community members wanting PA meeting and there was a presentation by Counci Libby att~ witl removing )ers. .ssman egular committee meetings. She plans to and the dedication of the flagpole for the on the next agenda regarding appointing and Imember Jals will ;ussed the wilderness designation for the North County and this Friday in Kelseyville. 14. City Mana~ diversion. Water omelan~ CLERK/DIRECTOR REPORTS Horsley discussed her informational memo to Council concerning water provided Council with information concerning the Draft Sonoma County Water Policy Statement. She also distributed information concerning System bills being considered. She reported that the City of Ukiah hure has been completed. Ulvila thanked Council for submitting their Statements of Economic Interests. Sh~' advised that she will be attending the annual California City Clerk's Association Regular City Council Meeting April 3, 2002 Page 11 of 12 conference in Sacramento from April 16 through April 19th and arrangements are being made for transcription coverage at the next City Council meeting on April 17th. There was a brief discussion between City Manager Horsley and Council with regard to distribution of the current TOT with regard to tourism. City Manager Horsley explained that she received a request by representatives to postpone the Close Session item until the next 15. CLOSED SESSION a. G.C. §54957.6- Conference with Labor Ne, Employee Negotiations: Fire Unit Labor Negotiator: Candace Horsley No action taken. 16. ADJOURNMENT There being no further business, the City at 9:55 p.m. Marie Ulvila, City Clerk Regular City Council Meeting April 3, 2002 Page 12 of 1_2, MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, April 17, 2002 4b The Ukiah City Council met at a Regular Meeting on April 17, 2002, the had been legally noticed and posted, at 6:30 p.m. in the Civic Center 300 Seminary Avenue, Ukiah, California. Roll was taken Councilmembers were present: Larson, Smith, Libby, Baldwin, and present: Public Utilities Director Barnes, Community Services Di Assistant City Manager Fierro, City Manager Horsley, City Attornei Service Supervisor Sangiacomo, Public Works Director Steele and Recording Secretary Kinch. following'~'~'?: Staff !gh, r 2. PLEDGE OF ALLEGIANCE Councilmember led the Pledge of Allegiance. B PRESENTATIONS/INTRODUCTIONS Councilmembers Larson and Libby, a Poems Councilmember Libby read "Touch of a Master Hand" wr Councilmember Larson read written by Gelett Myra D~[ooks Welch. 3. PRESENTATIONS 3b. Introduction of Community Services Supervisor S Community Services Assistant. He arts major. He motivated recreation ;rvices Eidson ~introdui 'ler Eidson as the City's new ~ attend College as a liberal ,idual with many years of experience in the Tyler looking Dep~ working in the Community Services . "Council for three of March 20, 2002 a correction on page 2, paragraph 5, and second asking a yes vote on a $95 million refinance." She also on page 9, last paragraph, first sentence to read, that she has been on the Executive Board of Directors noted the accomplishments of the Board are due to the countless hours of its members and their vision for this project." , approving the Regular Meeting Minutes of March 20, 2002, as by the following roll call vote: AYES: Councilmembers Larson, Smith, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. 4. ......... APPROVAL OF MINUTES Regular City Council Meeting April 17, 2002 Page 1 of 13 4b. Regular Meeting of April 3, 2002 Matter continued to the May 1,2002 meeting. 5. RIGHT TO APPEAL DECISION Mayor Ashiku read the appeal process. 6. CONSENT CALENDAR M/S Smith/Larson approving items a through h of the Consent Calen.~ a. Approved Disbursements for Month of March 2002; b. Received Report to Council Concerning Purchase of Gator Golf from West Cai Tractor Company in the Amount of $5 c. Rejected Claim for Damages Received from Cheryn Ar Powers Authority, Redwood Empire Municipal I d. Approved Rejection of All Bids for Complete Aeria e. Received Report of the Acquisition of Flexible Products in the Amount of $5,188.22; f. Approved Hull/Piffero Final Subdivision g. Adopted Resolution No. 2002-32 Authorizing Federal Emergency Shelter Grant-2002; h. Awarded Consultant Service Agreement to Taber for Geotechnical Work Related to e Orchard Avenue BridgE City Manager to Execute cie for P~ 7; and to and Chassis k Sea~nt from Special As ~on, and Acceptance of erformance of Authorize the Motion carried by the Baldwin and Mayor Ashiku. vote: Larson, Smith, Libby, iTAIN: None. 7. AUDIENCE COMMENTS ON Warren Sawyer~~=~ffice Box 220 the Ukiah ~ent regard~ appointm~~,scuss this iss 9. IISHED ~S 9a. a and of DA eburg, Oregon, expressed his frustration with issue. He stated he has an Chief Williams. gnore for the Preparation ~nd Filing of of Use for an Amount Not to Exceed $15,000 Entering Into a Cost Sharing Agreement with Miilview County County Water District, and the Calpella Water District advised that this matter was continued from the April 3 for additional information to be provided to the Council. City Rapport stated that at the April 3, 2002 meeting, Council had three if the Local Agency Formation Commission Office (LAFCO) would be any agreements between the City of Ukiah and Millview, Willow, and Districts (Districts) for providing water under the emergency water intertie A response letter from Mr. Gary Weatherford, indicated that LAFCO is not :o approve any agreements under the Gotch Bill that requires approval of-out-of ju service agreements. However, there is an exception for agreements between two or more local districts/agencies where the agreement would not change the level of Regular City Council Meeting April 17, 2002 Page 2 of 13 services provided by the District. Mr. Weatherford reviewed the intertie agreements and concluded they would not represent a change in the level of service provided by the Districts. Due to the pre-existing agreements that have expired, but have been in effect ~!Y,,~.to agreementsSince 1993, thatthe appliedagreementSprior toare1994.under the additional exception and do not :~'~'"~i!ii?:i~ii"liil Secondly, CEQA does apply because it is a Petition for a Change of Us~ (Petition). Mr. Weatherford expressed that he felt compliance not represent a substantial burden both because this is a continuing an ;nt for many years and there would be no significant change in the exi,, City Manager Horsley noted the CEQA requirements were Re Filing the Petition with the State Board will expose the permit. The City's Permit has petitioned the Permit and filed a Petition for Change in Point of.. not significantly add to the opportunities the the Permit. If the conditions that the Board was propol the City could decline to enter into the Agreement wit request for a Petition for a Change in Place of Use. time extension on Well No. 5. This will )-date the conditions unacceptable to the City, and withdraw the Councilmember Baldwin would allow other Districts to by the State Board. in Place of Use e amount approved City Attorney Rapport responded ti have to be related to the change intertie agreem significant in( to the Permit, they would This is strictly an emergency more reliable and do not represent a ~r, Din only provide water on an emergency basis :isting agreement and only if the water was Councilm~ inquired if CEQA forbids other water agencies and counties for new sources of water when a General Plan is under that before commenting he would have to review the the agreement does not appear to involve new water. er Baldwin inquired as to how much does Willow and Millview Water the intertie agreement. ~ responded that as stated in the agreements under emergency and/or lent failure, there are four conditions where water is supplied to the Districts relative to b'mergency repairs or possible water contamination. Regular City Council Meeting April 17, 2002 Page 3 of 13 Mayor Ashiku stated that water districts that supply water to customers are obligated by State law to have a contingency plan for public health and safety, and back-up emergency services available. He also expressed concerns that should a district experience a water shortage and there is no back-up service available to the districts, or a business suffers a fire and there is a lack of drinking water to customers, the to obtain a water source for a limited amount of time. Councilmember Baldwin asked what would be the Millview Water Districts should the City decide not to enter into the Director Barnes advised that he could not comment for Districts. He stated as a condition of the agreement continuous days, 20 days out of a quarter. The City of the major reservoir shut down and had to pull water fl M/S Smith/Ashiku approving retaining Wanger of a Petition for Change in Place of Use for an Sharing Agreement with Millview County Water the Calpella Water District; carried by the following roll Larson, Smith, Libby, and Mayor Ashiku. NOES: Baldwin None. or ~w and ~illow a illview ;ed the intertie when preparation and filing 5,000 and a Cost Water District, and AYES: Councilmembers ~e. ABSTAIN: Councilmember Libby que jeopardized with the intertie agreement be more concise and purposes. or permit would be the wording in the for agriculture or growth Rick Pfieffero, the Redwoo( permits w compa a letter to the Council that was addressed to he is currently applying for two water nore, and they are a very reputable Cit~ petitions and the a Gary Weatherford the City currently has two due to the time extension on the existing permit Change in Place of Use due to Well No. 5. Mr. Weatherford did not Could significantly increase the City's exposure to new the opportunity to downstream water users would have Mr. Weatherford also expressed the word "emergency" meant was not subterfuge for an increase in water supply. It was not the Districts or City during the drafting of the agreement, implementation, or in for the Change in Place of Use to divert water for any other reasons than an The definition of "Emergency" is a sudden and/or unexpected event that short-term supply of water until the temporary, short-term emergency resolved. Regular City Council Meeting April 17, 2002 Page 4 of 13 Rosalind Petersen, P.O. Box 499, Redwood Valley, stated that before the City retains Wagner & Bonsignore for the preparation and filing of a Petition for Change in Place of Use, the emergency agreements should be renewed. City Attorney Rapport stated the agreements have a provision that water in violation of anyone's permit. Under Paragraph 8, the provision state~ furnishing of water under the agreement has an adverse effect on the fur the water does not have to be provided." system, al PUBLIC HEARING Introduction of Ordinance Rezoning Portions of 003-472-08, 003-472-13, and 003-472-14 from C-2~ Planning Director Stump advised that approval of the the zoning for a .45-acre area of land from C-2 C-N (Neighborhood Commercial) Zoning District. ~mercla Num ;zone Would change g District to the Public Hearing Opened: 7:30 p.m. No one came forward to address Council. Public Hearing Closed: 7:31 p.m. M/S Smith/Larson a #02-03, Ukiah Assisted Councilmembers Larson, S~ ABSENT: None. ABSTAIN itigated Negative by the followini and Mayor ~1 Project vote: AYES: NOES: None. M/S Smith/Larson introducing vote: AYES: Councilmembers Larsor None. ABSENT iTAIN: No ;d by the following roll call in and Mayor Ashiku. NOES: Administ~ Kinch read Zoning the City kiah. M/S ABSENT: N~ on, Smith ;TAIN: None. the Ordinance, Amending the Official carried by the following roll call vote: AYES: Baldwin and Mayor Ashiku. NOES: None. .'INISHED 9b. wi1 Ca Public Utilil City Counci ,rization e Mayor to Execute Letter of Agreement 02-SNR-00485 Area Power Administration for the Purchase of Excess Director Barnes advised that this matter was continued from the April 3 to allow for additional information to be provided to the Council. Libby asked why this is a one year agreement. Di Barnes responded that it is a 10-year agreement to acquire excess power. However, prices fluctuate on an annual basis depending on maintenance costs and the Regular City Council Meeting April 17, 2002 Page 5 of 13 rate adjustment clause. A Letter of Agreement is presented each year to set the price. Councilmember Libby asked how much is purchased from the agreement. Director Barnes responded that the amount purchased is determined on power. In 2000 the City purchased $120,000, which if generated by the Cil $330,000. In 2001 and 2002 the City has not had to purchase power. Thi~ level of Lake Mendocino and availability of power. The purchase is Power Contract as part of the Western Area Power Administration ;ed on the ~e M/S Baldwin/Smith authorizing the Mayor to execute Letter of with the Western Area Power Administration for the by the following roll call vote' AYES: Councilmembers Mayor Ashiku. NOES: None. ABSENT: None. 9. UNFINISHED BUSINESS 9c. Status Report Regarding Ukiah Associate Planner Lohse advised that the recyc currently operating under a Temporary Use Permit a October 17, 2001, that allowed it to stay open after the b~ offices and internal storage submitted any plans to this year, and the applicant that would allow the busine~ Permit expires on April 17, 2002. Unfortunately, the own{ 3 replace the one !.ning Departm~ location carrie Libby, Baldwin and :nown as Ukiah Recycle is d by the City Council on that ed its primary ,rty has not yet molished earlier to review options the Temporary Use Consensus of Council was to Center. Re regarding the Ukiah Recycle 9. UN 9d. November 2002 Election, Including regarding th, November ~,~>~~cy .... tax on 10% W ~the City Councilm~rs. Council requested staff return with information Iax (TOT) as a possible ballot measure for the Currently, within the City Limits of Ukiah, there is an 8% room However, the County has a 10% room occupancy tax. A request the voters to approve a 2% increase from 8% to A letter from the Hampton Inn was distributed to the Libby stated in a recent survey by the Chamber of Commerce, a "What is the biggest challenges facing the community?" Responses economy and keeping businesses afloat. The TOT tax is lower than the this gives City businesses a competitive edge. She could not support this C0~ncilmember Larson stated he did not feel the increase in TOT would hurt businesses. Regular City Council Meeting April 17, 2002 Page 6 of 13 The additional increase of revenue would give the opportunity to increase the quality of life within the community and make it a more presentable and inviting community to visit. Other communities use the revenues to enhance their community to bring in visitors. He stated he would support this measure as an investment to enhance the commun Councilmember Baldwin stated he would like for the measure to spec revenues would go within the community for enhancement and im community. Mayor Ashiku stated he felt the increase would take revenue from services and he would not support the measure. Paul Anderson, 309 Jones Street, Ukiah, stated he opp~ a concern that the measure will affect those affordable housing. busineS~~:d due to lack Mark Watson, Hampton Inn, Ukiah, stated budget and chose areas with lower TOT rates. consideration due to the area being a different environr round leisure travel and recreation. p planners have a area should not be a cliental, with year Councilmember Larson stated the Chamber of Commerce. measure and he would like if there is support from the on support from to discuss the .mber's meeting to see M/S Larson/Smith to continue Con Election, Includ following roll and for November 2002 to the May 1,2002 meeting; carried by the rson, Smith, and Baldwin. NOES: Libby )ne. . North time to However, Cross had arrears. Utiliti~ Cross nity Serv il .treat (No~ American Red Cross for Waiver of Rent and Ireet and Receive Report From American Red Assistance From Other Public Agencies DeKnoblough advised that at the March 20 meeting, the of the lease with the American Red Cross for 1800 Station) until the April 17th meeting to allow the Red Cross pation from other public agencies within Mendocino County. has had major surgery and they need an extra month of time. Red requested a waiver of several months' rent and utilities, which are in Ri met to continue Consideration of Request by the American Red Cross for :{ent and Utilities at 1800 North State Street and Receive Report From American ',ross Regarding Assistance From Other Public Agencies to the May 15, 2002 g; AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. Regular City Council Meeting April 17, 2002 Page 7 of 13 NOES: None. ABSENT: None. ABSTAIN: None. 10. NEW BUSINESS 10a. Status Report Concerning Gang Activities-Councilmember Libby Councilmember Libby stated in a recent survey citizens expressed a concer~ and gang activities. It is beneficial to the Council and citizens to receive a view of gang activities. Police Chief Williams responded on the status of gang activity. area and cross over County boundaries. He expressed a need become involved. Police Detective John McCutchen a rep Consensus of Council was to receive the report by 10. NEW BUSINESS 10b. Status of Public Improvement Pro Department Public Works Director/City Engineer Stee requested an update regarding projects underway, or or part by the Public Works Department, be provided for discussion. the gang activities. the Public Works City Manager has :o be implemented in whole and · Landfill Closure - Discussi current plan is to activities that will be continued for c alternatives to save money. This w cap. he Water in the 2003. the lan Board. The ~ere are maintenance investigate different cap settle and is helpful to the · Construct to handle nui= fro~ closure of condensation, leachate, and other · Re~ :roi Boa~ eting held June 2002, in Ukiah. Possible · Orchard Aven for the Constru( e - Council approved the Geotech contract. Currently receiving bridge. Staff is moving forward with environmental and 15, 2003. · 2002 has been d ealig of Gobbi Street, Oak Manor, and Babcock Lane. The project due to funding constraints being withheld by the State. A study will be creek. Crossing Rehab- Locations include Ford Street, Commerce Drive, Airport Road. Starting date is the Summer/Fall of 2002 with the design for the ilroad crossing to be construction in the Summer of 2003. This will allow staff to ;s pedestrian issues. Regular City Council Meeting April 17, 2002 Page 8 of 13 · ADA Ramps and Sidewalk- Staff is currently in the process of sending out Request for Proposals for the areas of Dora and Pine and Clay and Standley. Construction must start before June 30, 2002. · ADA Ramps will be installed at various signalized intersections on State Stre~ will start in the Fall 2002 and construction will begin in the Summer of 2003 · Light Emitting Diode (LED) Traffic Signal Change Out- The existing will be replaced with new LED lamps. Approximately 50% will consumption with the new LED lamps. Staff will apply for grant · Yokayo School Sidewalk- Staff is currently in the deadline to award the funding and contract is June constructed in the summer of 2002. Mayor Ashiku suggested Council allocate fundi~ lamps. lamps wer ;he sidewalk will Fund for LED · 2002 STIP Fairgrounds Sidewalk- ADA ramps and the Fairgrounds property. Staff is currently working with th~ obtain engineering services throu, a JPA and the City Proposals and contract the will be installed in front of rounds to Requests for · NCRA Depot Restoration agree, and Project Manager. · State Street Trees and Main of April. date will be the end City Manag~ public ;eries. the City money and tree donations from the · the mapping Drain~ A performed on Gibson Creek in relation to Manor realignment. All aerial photographs and GIS is being used extensively for projects. Imember · ' uired as to the status of bicycle lanes. Din also be respo~ :hat staff addresses the intersections, bicycle lanes will also be d as Caltrans addresses highway off-ramps, bicycle lanes will Consensu~ impler Council was to receive the report regarding public improvement projects to ;d by the Public Works Department. 1i 11 !W BUSINESS of Modifications to Taylor Drive Transfer Station Contract Recycling Provisions Regular City Council Meeting April 17, 2002 Page 9 of 13 City Manager Horsley advised that Solid Waste Systems recently brought to the City's attention that they are having an unexpected response at the transfer station for recycled scrap metal. Though the City charged $12.65 per cubic yard for scrap metal at the landfill, Solid Waste Systems agreed to accept metal for free to encourage residential recycling. However, the transfer station is experiencing an influx of large metal haulers from all areas of the County, including areas as far away as F! Lake County. Other transfer stations are charging $10.00 per requesting approval to charge $7.19 per cubic yard for recycled scrap the revisions of the Agreement of removing scrap metal from Section to Section 4.11. Jim Salyers, Ukiah Solid Waste Systems, stated that Richmond and is paid by the ton. M/S Baldwin/Larson approving modification to the Transfer Station contract; carried by the Larson, Smith, Libby, Baldwin and Mayor ABSTAIN: None. Staff is .......... )prove .etal : Councilmembers .. ABSENT: None. 10. NEW BUSINESS 10d. Consideration andA the Demolition Permit Vacancies on the Co Planning Director Stump establishing a four-member Ukiah the Resolution was amended to add 1993 and 1994 Resolutions members to and these ted lidates to fill ti Resolutior that 9e is list six. is ing new com the C( · Councilm~ Review Commil Establishing lidates to Fill adopted by Council In January 1994, the Committee. Both the the terms of the Committee ave technically expired. Staff is requesting :ies on the Committee. Additionally, the "five" members, and then proceeds to clarify these issues and to adjust the Iwin stated be valuable to have the Chairman of the Design a member of the Demolition Committee. Li three she would like to have the Committee term changed from lC . adopting Resolution No. 2002-34, amending Resolution No. 94-34 Demolition Permit Review Committee to amend the membership and o solicit candidates to fill the vacancies on the Committee; and amending the public members' terms expire after three years of service; carried by roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin and NOES: None. ABSENT: None. ABSTAIN: None. NEW BUSINESS Regular City Council Meeting April 17, 2002 Page 10 of 13 10e. Approval of Participating with Mendocino County, Willits, and Fort Bragg for City of Ukiah's Share of Cost for Consultant Services for Cable Franchise Renewal Negotiations in an Amount not to Exceed $11,500 Community Development Director DeKnoblough explained that over the months City staff, along with representatives of the cities of Willits, Fort County of Mendocino has been meeting with Adelphia Communications secure funds from Adelphia for consultant services to advise staff negotiations. The County of Mendocino selected the consulting firm Support Group (CSG) and its principal, Mr. John Risk, after a formal process and a series of interviews. Mr. DeKnoblough noted the Cow the Cities of Fort Bragg and Willits have approved the Agree~:~nt. Councilmember Baldwin asked if the other jurisdictions effective access channel. He also asked if funding Director DeKnoblough responded that the reviewed the proposal, the rights, and benefits of Mendocino expressed funding for public access as ~ral ~sals ;d ~n a viable, funded, ~'~::~?~iliiii!!liiii~iii~i?,ii~''~ .... public access .... members thoroughly and the County Paul Anderson, 309 Jones Street, Ukiah, stated public community, and it is vital that Ade ~ia provide public acces= station. He also stated that with of technology, the want to enter into a Ion( Gaither Lowenstein, 748 South Mountain Valley Television. He is in consulting contract.He is in favor of' could provide s perform on various p ~ues. source to the access might not has been working with ontract /he City's contribution to the access , where Mendocino College musical performances, and a public forum M/S a ~g for ah's ~ultant an , Smith. ABSENT: N~ ~TAIN: None. ) County, Willits, and Fort Bragg s for cable franchise renewal negotiations in by the following roll call vote: AYES: Baldwin, and Mayor Ashiku. NOES: None. 10f. Co~ City continued BUSINE · an~ .~ Action Concerning Voting Procedures for City Board - Councilmember Libby Horsley explained that Councilmember Libby requested this item be Regular Meeting of May 1,2002. NESS of $1,000 for Inland Water and Power Commission Educational Video er Horsley advised that the Inland Water and Power Commission (IWPC) B( uested that each agency representative on the Board return to their respective agencies to request $1,000 per agency for the development of the IWPC educational Regular City Council Meeting April 17, 2002 Page 11 of 13 video. Once each agency has approved its portion of funding, the Chairperson of IWPC, Janet Pauli, will approach other businesses and associations to participate in the complete funding of the video. M/S Smith/Larson approving $1,000 for Inland Water and Power Commission edu~ video, carried by the following roll call vote: AYES: Councilmembers Larson, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: Nc 11. COUNCIL REPORTS Councilmember Larson reported he attended the grand opening the Hampton Inn opening, and a meeting and reception for Sharon Davis. He also attended the River Watch activities and the Pole dedication. wife of Gi ;ign War Councilmember Smith reported he visited a Springs. He received the NCPA 2000/2001 .report vacationing in Palm Councilmember Libby reported she Foreign War Flag Pole dedication, and the Hampton Jng, the Veterans of Randy Johnson of the Ukiah Police Officers Association pledge $5,000 towards the Ukiah Iley Recreation Center. Association sent a challenge to ,cino County Sheriff's .cted D, ~orah Mead to Officers )n. Councilmember Baldwin Inn and for the SPACE Studio oper atten( ption at the Hampton Mayor Ashiku reported he attended ieeting in Fortuna. 12. CITY City Man Pr~ ra May The y that App is ThL April 18, 2~ at the UI~ Center R REPORTS started construction. The Main Street Water Forum will be held on Saturday, Chambers, from 8:30 a.m. to 12:00 noon. Committee is Jim Mastin. enjo' of Ukiah with th~ ing with stated that Mark Watson of the Hampton Inn highly commended :iai Carl Tuliback, on his professionalism, knowledge, and of the new hotel. Mr. Watson was very happy and iback and the Planning Staff. Adj Reconvene Adjourned as the Ukiah Redevelopment Agency: 10:20 p.m. s the City Council' 10:29 p.m. Session: 10:30 p.m. SESSION Conference with Labor Negotiator G.C. §54957.6 City Designated Representative: Candace Horsley, City Manager Employee Organization: Fire Unit Regular City Council Meeting April 17, 2002 Page 12 of 13 No action taken. b. Conference with Legal Counsel- Anticipated Litigation Significant exposure to litigation pursuant to subdivision (b) of Government Code No action C. No action Reconvened: 11:25 p.m. Section 54956.9 (1 Case) taken. Conference with Real Property Negotiator Property: Assessor's Parcel No. 184-100-03 Agency Negotiator: Candace Horsley Negotiating Parties: County of Mendocino Under Negotiation: Instructions to negotiator concerning taken. 14. ADJOURNMENT There being no further business, the City Council wa! ourned at 11:25 p.m:il iii?iii? Kathy Kinch, Administrative Secretary Regular City Council Meeting April 17, 2002 Page 13 of 13 ITEM NO. 6a DATE: May 1, 2002 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISPOSITION OF SURPLUSED MATERIALS, USED EQUIPMENT AND SUPPLIES Per City of Ukiah Procedures for Sale of Surplus or Obsolete Materials, Used Equipment and Supplies dated September 18, 1996, a list of items determined to be obsolete by various departments and their disposition has been prepared (attachment #3). Sale and disposal of these items is in accordance to City Code Section 1533 and the Surplus Procedure Statement which includes auction and disposal of items in surplus. The April auction netted $10,541.00 RECOMMENDED ACTION: Receive and file report regarding the disposition of surplused materials, used equipment and supplies. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A ~/.j Requested by: Gordon Elton, Director of Finance, Prepared by: Nora Kennedy, Purchasing Supervisor Coordinated with: Candace Horsley, City Manager Attachments: 1. Procedure for Sales of Surplus or Obsolete Materials, Used Equipment and Supplies Statement 2. City Code Section 1533 3. Surplus disposition list APPROVED: t .,~- Candace Horsley, City Magager C:LMy Documents~genda-Surplus.doc PROCEDURES FOR SALES OF SURPLUS OR OBSOLETE MATERIALS, USED EQUIPMENT, AND SUPPLIES 9/18/96 · In order to process m~tterials or equipment found to be surplus or obsolete within each City Department, the followlng procedure is established: 1. .On a quarterly basis (July 1, October 1, January 1, April 1), each City Department Head completes and submits a prescribed form listing all materials and equipment found to be surplus or obsolete to the Director of Finance for approval. Copies of the completed form are distributed to the City Manager and PurchasingANarehouse Supervisor. 2. Those items listed as surplus will continue to be housed within the Department requesting disposition until a sale is completed or date of auction. 3. Copies 'of the items listed as surplus are distributed by the Director of Finance to all Department Heads for possible recycling. 4. Purchasing Officer shall have the authority to dispose of surplus and file a report with the City Council 'setting forth a description of sale by the close of the agenda for the next regularly scheduled meeting. 5. The Purchasing Department will follow City Code Section 1533, Procedures for Sale of the Surplus Items. ., · a. Purchasing Department will solicit bids on surplus wire and scrap iron from local and outside dealers of these commodities. Purchasing Department will coordinate public auctions with the County of Mendocino, joining · with them for the sale of surplus items. The auctioneer will publicize the date of auction and items available for sale. C. de Purchasing Departmbnt will coordinate the moving of surplus items to the auction site during the week immediately preceding the auction. " Following the auCtion, the auctioneer will provide a list of items sold, the selling prices, and the funds received to the Purchasing Department. . e. Specialty items as approved by the Purchasing Officer or extremely large items which cannot be moved to the auction site, will be advertised for sale in the local newspaper or through direct contact with governmental agencies or purchasers appropriate to the specialty surplus items by the Purchasing Department. The Purchasing Officer shall have the authority to solicit on the open market. f. During those times of the year that items are declared as surplus that do not coincide with the annual public auction conducted by the county, items 'for sale will be advertised by the Purchasing Department and closed bids will be accepted by the City Clerk. Bids will be opened at a designated time and the high bidder will be notified by the Purchasing Department. In the event of the high bid ending in a tie for any item, all bids will be rejected and the bid process will be repeated, with the tie bid as the new minimum bid. if after completing steps .1-5 above, any item is not sold or recycled, and it is not reasonable to assume that the Item can be sold or recycled, the purchasing agent is authorized to dispose of such item by any safe and lawful method. 4'.F~1:S u r~lus :Rev:gl11/g6 {}1530 {}1534 B) 1. Recorded Explanation: The head .of such department shall send to the Purchasing Officer a requlsltlon and a copy of the delivery record together with a full written report of the circumstances of the emergency. The report shall be filed with the Council. as provided in subsection A1 above. '. 2. Emergency Procedure: The Purchasing Officer shall prescribe by rules and regulations the procedure under which emergency purchases by heads of departments may be made. (Ord. 667, {}2, adopted 1975) {}1531: COOPERATIVE PURCHASING: The Purchasing Officer shall have the authority to Join with other units of government in cooperative purc~hasing plans when the best interests of the City would be served thereby. (Ord. 667, {}2, adopted 1975) {}1532: INSPECTION AND TESTING: The Purchaslng Officer shall Inspect supplies and equipment delivered lo determine their conformance with the specl[lcatloIls set forth In tile order. The Purchasing Officer shall have authority to require chemical and physical tests of samples submitted with bids and samples of deliverles whlch are necessary to determine their quality and conformance with specifications. (Ord. 667, {}2, adopted 1975) .§1533: SURPLUS SUPPLIES AND EQUIPMENT: All departments sh'all submit to the Purchaslng Officer, at such times and in such forms as he shall prescrlbe, reports showing ~11 supplies and equipment which are no. longer used or which have become obsolete or worn out. The Purchasing Officer shall have authority to exchange for or trade in on new supplies and equipment ali supplies and equipment which cannot be used by any agency or whlch have become unsultable for City use. The Purchasing Officer shall have the authority to dispose of surplus,'property by solicitation of bids or by public auction. (Ord. 667, {}2, adopted. 1975) §1534: SEYERABILITY: If any section, subsection, subdivision, sentence, clause or phrase of this ordinance Is for any reason held to be unconstitutional or otherwise Invalid, such Invalidity shall not affect the validity of the entire ordinance or any of the' remaining portions thereof. The City Council hereby declares 'that it would have passed this ordinance, and each section, subsection, subdivision, sentence, clause and phrase hereof, Irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional or otherwise Invalid. (Ord. 667, §2, adopted,1975) I 1064 ITEM NO.6b DATE: May 1, 2002 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF ORDINANCE REZONING PORTIONS OF ASSESSOR PARCEL NUMBERS 003-472-08, 003-472-13, AND 003-472-14 FROM C-2 TO C-N SUMMARY: On April 17, 2002, the City Council voted 5-0 to introduce an Ordinance rezoning portions of three different parcels from C-2 (Heavy Commercial) to C-N (Neighborhood Commercial) to facilitate a small expansion of the existing Mountain View assisted living facility on South Dora Street. This purpose of this agenda item is for the Council to take final action and adopt the Ordinance rezoning the properties. RECOMMENDED ACTION: Adopt Ordinance rezoning portions of Assessor parcels 003-472-08, 003-472-13, AND 003-472-14 from C-2 to C-N. ALTERNATIVE COUNCIL POLICY OPTIONS: Do not adopt the Ordinance and provide direction to staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: 1. N/A Department of Planning and Community Development Charley Stump, Director of Planning and Community Development Candace Horsley, City Manager Ordinance for adoption Candace Horsley, City'~anager 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING THE OFFICIAL ZONING MAP FOR THE CITY OF UKIAH, CALIFORNIA The City Council of City of Ukiah does hereby ordain as follows: SECTION ONE Pursuant to the procedures set forth in Section 9009 of the Ukiah Municipal Code, the Official Zoning Map for the City of Ukiah is amended to change the zoning on a .17-acre portion of Assessor Parcel Number 003-472-08, a .2-acre portion of Assessor Parcel Number 003-472-13, and a .08-acre portion of Assessor Parcel Number 003-472-14 from the C-2 (Heavy Commercial) Zoning District to the C-N (Neigborhood Commercial) Zoning District as illustrated on the attached Exhibit "A." SECTION TVVO This rezoning action and amendment to the official Zoning Map of the City of Ukiah is necessary to establish a consistent zoning classification (C-N) for the parcel on which the Mountain View Assisted Living Facility expansion would be constructed. SECTION THREE This ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. SECTION FOUR This Ordinance shall become effective thirty (30) days after adoption. Introduced by title only on April 17, 2002, by the following roll call vote: AYES: NOES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku None ABSENT: None ABSTAIN' None Ordinance No. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 AYES: Passed and adopted on May 1, 2002, by the following vote: NOES: ABSENT: ABSTAIN: Philip Ashiku, Mayor ATTEST: Marie Uvila, City Clerk Ordinance No. EXHIBIT "A J-~~ ~t3.¥£S HJ..nO~ z 4: ~J.¥AI~tcl 6c ITEM NO. DATE: May 1, 2002 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF LETTER OF SUPPORT FOR MENDOCINO COUNTY YOUTH PROJECT'S GRANT APPLICATION FOR FUNDS FROM THE FAMILY AND YOUTH SERVICES BUREAU FOR A TRANSITIONAL LIVING PROJECT. SUMMARY: Karin Wandrei, the Executive Director of the Mendocino County Youth Project (MCYP), has requested a letter of support from the Ukiah City Council for inclusion in a grant application to the Department of Health and Human Services, Family and Youth Services Bureau (FYSB). The MCYP is seeking funding to provide transitional living services for youth, ages 16-21, who are not involved in the social service or probation systems. The Homeless Youth Task Force and the MCYP believe that this population is in "dire need of assistance" since they are ineligible for youth services and too young to benefit from adult services. The FYSB grant provides funding of up to $200,000 a year for five years for services including shelter, skill development, and counseling. If funded, MCYP will rent a house or several apartments in the Ukiah area to shelter 4-6 youth for up to 18 months at a time. A MCYP employee would live with the youth to provide on-site supervision, while additional MCYP staff would provide support services. RECOMMENDED ACTIONS: Approve letter of support for the Mendocino County Youth Project's grant application for funds from the Family and Youth Services Bureau for a transitional living project. ALTERNATIVE COUNCIL POLICY OPTIONS: Do not approve the letter, and provide direction to staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Karin Wandrei, Executive Director of the MCYP Sage Sangiacomo, Community Services Supervisor Candace Horsley, City Manager and Larry W. DeKnoblough, Community Services Director 1. Program description. 2. Draft letter for Mayor's signature. Horsley, Candace Manager MCYP Proposal To Obtain Federal Transitional Living Funding Over 2 years ago the Community Foundation of Mendocino County brought together a group of c'~izens, service providers, Foundation Board Members, and youth service recipients, to discuss what could be done about the problem of long term housing for homeless teens and young adults in Mendocino County. This group has now constituted itself as the Homeless Youth Task Force and is a sub-committee of the Mendoeino County Homeless Task Force. Many of the young people experiencing homelessaess, or the threat ofhomelessaess are individuals who are, or were "in the system" that is they were (or are) dependents or wards of the court and clients of Probation or Social Services. Others have similar problems but are not in the system, and therefore there is no local funding system to help them with housing needs. These young people (some who are legally adults) are not entitled to be, or do not have the maturity to weather the rigors of the adult homeless shelter system The Mendocino County Youth Project (MCYP) currently receives "Basic Center" and "Street Outreach" funding from the Family and Youth Service Bureau (FYSB) of the Health and Human Service Department of the federal government to provide short-term shelter and other services for non-system runaway and homeless youth and other youth in crisis. This funding, which began in 1986, is awarded to MCYP's Project SHARE which was created at the request of Mendocino County when the County could no longer incarcerate status offenders because of changes made in the State law in 1977. MCYP, in collaboration with the Homeless Youth Task Force, is now in the process of applying for funding f~om another FYSB program, the Transitional Living Program (TLP). This program funds up to $200,000 a year projects that provide transitional living services for non-system~ youth ages 16-21 for up to five years. We recognize that there is much work to do to meet the needs of homeless youth, both those in and out of the system We have decided to make our first attempt at funding specific services for the older non-system youth because: This population has a great unmet need · The logistics of quickly setting up housing for emancipated minors and homeless youth ages 18-20 is feasible given the funding constraints of the grant · Current services for the adult homeless population are not programmafically appropriate for teenagers The proposed program has the following elements: · There would be at least one 4-6 bed facility located in Ukiah. We are choosing Uldah because access to education, training, and jobs is so important for the success of transitioning these youth to lives as productive adults. · This fac'flity would be staffed by a MCYP employee (or couple) who would live with the youth in a large house or apartment complex providing appropriate supervision and services. Relief residential staff and case managing support persons would round out the program's staffing. Youth would be in the program from 6-18 months Youth would be involved in developing necessary independent living ~kill to enable them go out on their own as soon as feasa'ble. This work would be in collaboration with other service providers, such as MendocinoWorks. · A support group would be provided for youth successfiJfly graduating from the program Our priority population would be youth ages 18-20 or emancipated minors. Within this group, pregnant and parenting teens would have priority over other youth, as this is one of the legislative focuses of the funding. Emancipated minors would have priority over other youth. May 1, 2002 Joan E. Ohl Commissioner Administration on Children, Youth and Families ACYF Operations Center 1815 North Fort Myers Dr., Suite 300 Arlington, VA 22209 Dear Ms. Ohl: The City of Ukiah is very pleased to support the application of the Mendocino County Youth Project (MCYP) for funding for a transitional living project from the Family and Youth Services Bureau. MCYP is a joint powers agency that has been in existence for over 27 years, and the City is one of the members of the JPA having a seat on the Board of Directors. The City of Ukiah is very aware of the lack of resources in our community for homeless youth and young adults who are not in the social services or probation systems. There are no existing services in Ukiah or in Mendocino County that specifically addresses the needs of this population to develop transitional living skills. While the City is working actively to pursue housing options for homeless adults, we also recognize that the needs of older adolescents, especially pregnant and parenting teens, may not be best served by these programs. Therefore, we give our full support to the efforts of the Mendocino County Youth Project to develop this much needed resource for our community. Sincerely, Phillip Ashiku Mayor 300 SEMINARY AVENUE UKIAH, CA 95482-5400 Phone# 707/463-6200 Fax# 707/463-6204 Web Address: www. cityofukiah.com ITEM NO. 6d DATE: May 1, 2002 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF NOTICE OF COMPLETION FOR CONSTRUCTION OF RIVERSIDE PARK PERIMETER FENCING SUMMARY: The Riverside Park fencing project was completed according to the contract by RW Murray Inc. A to Z Construction on April 10, 2002. The completed work is in substantial conformance with the approved plans and specifications. The final project cost is $51,040.00, which will be funded by the State Coastal Conservancy (SCC) grant received in 1999-2000. A Request for Disbursement of the grant funds to pay for the fencing has been sent to the SCC. This agenda item is seeking the Council's acceptance of the work as complete, and to direct the City Clerk to file the required Notice of Completion. RECOMMENDED ACTION: 1) Accept the fencing work as completed; and 2) Direct the City Clerk to file the Notice of Completion with the County Recorder for Construction of the Riverside Park perimeter fencing project. ALTERNATIVE COUNCIL POLICY OPTIONS: None Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Department of Planning and Community Development Charley Stump, Director of Planning and Community Development Candace Horsley, City Manager 1. Notice of Completion 2. Map of Riverside Park Fencing Project A p p ROVE I:~¥..~~. ~'~. ~_. Ca~ace Hor:sley, ~y I~nager Please return to: CITY OF UKIAH 300 Seminary Avenue Ukiah, California 95482 (707) 463-6200 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN: 1. That the real property described is owned by the following whose address or addresses are: City of Ukiah, a Municipal Corporation 300 Seminary Avenue, Ukiah, California 95482 , That the nature of the title to the Riverside Park Perimeter Fencinq Project on the Gobbi Street Riverside Park Property of all said owners is that of fee simple. . That on the 10th day of April 2002, the Contract work for this project was actually completed. . That the name and address of the Contractor is R.W. Murray Inc., A to Z Construction P.O. Box 375, Calpella, California, 95418. , That the real property herein referred to is situated in the County of Mendocino, State of California, and is described as follows: City-owned property identified as Gobbi Street Riverside Park (APN 180-010-10,1 7). CITY OF UKIAH, a Municipal Corporation By: CITY CLERK STATE OF CALIFORNIA) COUNTY OF MENDOCINO) I, Marie Ulvila, being duly sworn says: That she is the Clerk of the City of Ukiah City Council, that she has read the foregoing Notice of Completion and knows the content thereof and the same is true of her own knowledge. Subscribed and sworn to before me this 2002. MARIE ULVILA, City Clerk day of Notary Public in and for the County of Mendocino, State of California City Council 'Meeting May 1, 2002 ~ , RiverSide Park ., Fencing Project 6e ITEM NO. DATE: May 1, 2002 AGENDA SUMMARY REPORT SUBJECT: AWARD OF BID TO MIKE DUNN PAINTING FOR PAINTING THE INTERIOR WALLS OF THE CIVIC CENTER IN THE AMOUNT OF $19,220 The Civic Center interior walls in the Administration and Public Safety wings, as well as the City Council Chambers, are in need of new paint. The City Clerk issued a Notice to Bidders to all contractors listed on the City's Qualified Bidders List on March 21 and received three bids in response. Bidders included H.L. Weaver Painting in the amount of $43,035, D.Jones Painting, Inc. in the amount of $40,124, and Mike Dunn Painting in the amount of $19,220. The disparity between the high and Iow bids is primarily due to prevailing wage requirements which Mr. Dunn, as owner/operator, is exempt. As all bids were received in compliance with the bid specifications, staff is recommending award of bid for painting the interior walls of the Civic Center to Mike Dunn Painting in the amount of $19,220. This item is budgeted in the 698.275.195 account, Equipment Reserve Fund. RECOMMENDED ACTION: Award bid for painting of the Civic Center interior walls to Mike Dunn Painting in the amount of $19, 220. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine painting of Civic Center interior walls is inappropriate at this time and reject all bids. 2. Select an alternate bid from those submitted. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachment: Yes Community Services Department Larry W. DeKnoblough, Community Services Director Candace Horsley, City Manager Bid summary sheet APPROVED: L~~. .... ,.,.., LD/ZlP1 Candace HorSley,-Ci~y ~nager Painting.asr CITY OF UKIAH 300 SEMINARY AVENUE UKIAH, CA 95482-5400 (707) 463-6217 (City Clerk's Office) BID OPENING FOR: Painting the interior walls of the Ukiah Civic Center SPECIFICATION NO. DATE: April 15, 2002- TIME: 2:00 p.m. COMPANY AMOUNT . H.L. WEAVER PAINTING P. O. BOX 937 UKIAH, CA 95482 . , MIKE DUNN SR. PAINTING P. O. BOX 432 UKIAH, CA 95482 D. JONES PAINTING, INC. 1350-C HASTINGS ROAD UKIAH, CA 95482 / Marie Ulvila, City Clerk Bids:Painting ITEM NO. 6f DATE: May 1, 2002 AGENDA SUMMARY REPORT SUBJECT: AWARD OF BID TO CARPET ONE OF UKIAH TO REMOVE AND REPLACE CARPETING AT UKIAH MUNICIPAL GOLF COURSE PRO SHOP AND UKIAH CIVIC CENTER IN THE AMOUNT OF $77,988 In approving the current budget, the City Council authorized funding for the much needed removal and replacement of carpeting at the Civic Center and Municipal Golf Course Pro Shop. The Pro Shop carpeting has been in place for approximately ten years and exposed to golf spike shoes and exceptionally high traffic. The current Civic Center carpeting has been in place since the Center's opening in 1988. During that time several changes to the building interior have occurred such as the relocation of office walls and the rolling file cabinets. In addition to normal wear and tear, which has contributed to the carpet's deterioration, these alterations have left large areas of subfloor exposed. The City Clerk issued a Notice to Bidders on March 21, 2002 to all contractors listed on the City's Qualified Bidders List. The bid specifications requested price proposals for three grades of carpet quality and that bids identify each location separately. A single bid response was returned by Carpet One of Ukiah, which has been broken down into four locations including the Civic Center Administration wing, the Civic Center Public Safety wing, the Council Chambers, and the Municipal Golf Course Pro Shop. (Continued on Page 2) RECOMMENDED ACTION: Award bid for the removal and replacement of carpet in the Civic Center and Golf Course Clubhouse to Carpet One of Ukiah in the amount of $77,988. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine removal and replacement of carpeting is inappropriate at this time and do not move to award bid. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachment: Carpet One of Ukiah N/A Larry W. DeKnoblough, Community Services Director Candace Horsley, City Manager Carpet One Proposal APPROVED' Candace Horsley, City~Vlanager LD/ZlP1 Carpet.asr As indicated in the proposal sheets (attached), all grades of carpeting proposed are identical with price differences resulting from the varying square footage of each location. The total cost of all three Civic Center locations are $48,062 for the lowest grade, $52,711 for the medium grade titled "Dura Most", and $71,238 for the top grade titled "Dura Tron". In addition to the carpet, the vendor recommends a backing be installed, which will range in cost from $15,112 to $15,946 depending on the grade of carpet. The Pro Shop was bid with a different type of carpet specifically designed for golf course wear titled "Rampart" and totals $10,165. All prices include delivery and installation, however, City staff will be required to move all furniture and equipment. Staff have compared the quality of the two top grades proposed by Carpet One and discussed their relative quality with the vendor. Based upon that comparison, Staff is recommending the medium grade, "Dura Most" carpeting with the Enhancer back added. The vendor has indicated the medium grade is adequate for the level of foot traffic experienced in most areas of the Civic Center and comes with the same ten year warranty provided for the more expensive "Dura Tron". For these reasons staff is recommending award of bid to Carpet One for the removal and replacement of the carpeting with the "Dura Most" carpeting and the Enhancer back in the Civic Center and "Rampart" for the Golf Course Pro Shop in a total amount of $77,988. For the Civic Center, this item in the amount of $67,823 is budgeted in the 698.275.195 account, Equipment Reserve Fund. For the Pro Shop, this item in the amount of $10,165 is budgeted in the 695.6120.250.000 account. cARPET oNE" ' UKIAH 300 Has'tings Ave...Ukiah, CA 95482 .-Phone (707) 462'1554 .. Fax (707)' 462-4166 · Toll Free (888)'461-i554 APril 1 O, .2002 city'o'fUkiah - civic Center 300 Seminary Ave. Ukiah, CA 95482 '.Attn: Larry DeKn0bl0ugh ' RE: Floor covering Bid Please'find-enclosed the floor covering, bids, as requested, for the Public. Safety - · Department, Administration Department,.-Meeting.Room, and the Ukiah"MuniCipal GOlf COurse. . The prices shown will. be good for thirty.(30) da3)s from'the bid-date, April 15; 2002. '" 'Insurance Certificates and a list Of sUb, Contractors Will f611ow if the'bid 'is 'awarded to Carpet one." -- . ... . · We look forward to 'Working with Y°u On dais prOject and'seeing it through t0 a successful co mpletio Respectfully,. . Carpet One - owner . T0mNorton Carpet One Enclosures · . · . _ RW/tl CARPET * VINYL · HARDWOOD · LAMINATES. · WINDOW COVERINGS · CERAMIC TILE cARPET ONE/ , UKIAH .. . 300 Hastings Ave. · Ukiah, CA 95482 · Phone (707) 462-1554 · Fax. (707) 462-4166 · Toll Free (888) 46i:1554 PROPOSAL City ofUkiah-Civic Center 300 Seminary Ave. Ukiah, CA 95482 Page 2 Attn: Larry DeKnoblough Administration wing FlOor Covering Bid Itl ' QUeen, 'Dura Tron', 30 oz. carpet For.Enhancer back, ADD $8,080.00 $33,663.00 #2 - Queen, 'Dura Most', 28 oz. Carpet For Enhancer. back, ADD $7,690.00 . . $24,821.00 #3 -Evans & Black, 'Eager', 26 oz/carpet We do not recommend this carpet. $22,257.00 * Prices do not include furniture moving or office equipment; suCh as computers,, copy machines, etc. CARPET · VINYL.e HARDWOOD · LAMINATES · WINDOW COVERINGS · CERAMIC.TILE CARPET uKIAH 300 Hastings Ave. · Ukiah, CA 95482 · Phone (707) 462-1554 · Fax '(707) 462-4166 · Toll Free (888) 46i-i554 · .. City ofUkiah-Civic Cemer 300 Seminary Ave. Uldah, CA 95482 PROPOSAL. Page 3 .Attn: Larry DeKnobloUgh Public Safety wing Floor Covering Bid ' #1 - Queen, 'Dura Tron', 30 oz. carpet For Enhancer back, ADD $4,703.00 $23,2.15,00 #2 - Queen, 'Dura.Most'; 28 oz. carpet For Enhancer back, ADD $4,442,00 #3 - Evans & Black, 'Eager', 26oz. carpet-' We do not .recommend this carpet. $i7,815..00 $16,172.00 * Prices do not include furniture moving or offiCe equipment, 'such as computers, copy machines, etc. . ! CARPET · VINYL.· HARDWOOD · LAMINATES ·' WINDOW COVERINGS · CERAMIC TILE UKIAH ' · . .. ~ __ 300 Hastings Ave. · Uldah, CA 95482 · Phone (.707) 462-1554 *. Fax (707) 462-4166 · Toll Free (888).461,1554 City of Ukiah- civic Cemer 300 Seminary Ave. Ukiah, CA 95482 PROPOSAL Page 4 Attn: Larry DeKnoblough RE'. Meeting room Floor Coverifig Bid #1 - Queen, 'Dura Tr°n', 30 oz. carpet For Enhancer back, ADD $3,163.00 #2 - Queen, 'Dura'Most', 28 oz. carpet For Enhancer back, ADD $2,980.00' $14,360.00. . . $.i0,075.00' #3- Evans & Black,' ~Eager','26 oz. carpet . · We do not recommend this carpet. $9,633.00 * Prices do not include furniture moving or office equipment,'Such,as comtruters, cOpy .machines, .etc. 'CARPET · VINYL.· HARDWOOD · LAMINATES · WINDOW COVERINGS · CERAMIC TILE CARPET'ONE' UKIAH . . · . . 300 Hastings Ave. · Ukiah, CA 95482 .'Phone (707) 462-1554 .. Fax (707) 462-4166 · Toll Free (888) 461-1554 · . PROPOSAL Cify ofUkiah-Civic Cemer 300 Seminary Ave. Ukiah, CA 95482 Page 5 Attn: Larry DeKnoblough Ukiah MuniCipal Golf Course, Club House Floor Covering Bid #1 - Inovative, 'Rampart', 42 oz. carPet #2 -.QUeen, 'Dura Last', '30·oz. carpet $10,165.00 $9,290.00 . '#3 - Evans & Black, 'Elm0nte', 32 oz. carpet We do not recommend this carpet. - This Carpet does not warranty wear for soft spikes. $8,265.00 * Prices do not include furniture moving'or office equipment, such as' computers, copy machines, etc. CARPET * VINYL · HARDWOOD · LAMINATF~ · WINDOW COVERINGS · CERAMIC TILE CARPET ONE UKIAH 300 Hastings Ave. · Uldah, CA 95482 · Phone (707) 462-1554 ·. Fax (707) 462-4166 · Toll Free (888) 461-15'54 PROPOSAL City ofUkiah-Civic Cemer 300 Seminary Ave. Ukiah, CA 95482 Page 6' Attn: Larry DeKnoblough RE: Floor Covering Bid Addition We highly recommend that you add the Enhancer 1/I backing to the first two (2) selections 'listed for all areas except the golf course. Additional cost would be as follows: Public Safety wing- Carpet #1 ADD, $4,703.00 Carpet #2 ADD, $4,442.00 Administration wing- Carpet #1 ADD, $8,080.00 Carpet #2 ADD, $7,690.00 Meeting room - Carpet #1 ADD, $3,163.00 Carpet #2 ADD, $2,980.00 Adding the Enhancer HI backing would be much Warmer and softer, and would increase the wear life of the carpet,, as well as, increase the comfort levels,-which is a highly popular advantage'in the workplace today. CARPET · VINYL · HARDWOOD · LAMINATES · WINDOW COVERINGS · CERAMIC TILE. ITEM NO. 6g DATE: May 1, 2002 AGENDA SUMMARY RE PORT SUBJECT: Award of bid for various pad mount transformers in the amount of $60,101.84 to various vendors. The formal bid process was followed in sending a Request for Quotation (R.F.Q.) to five suppliers for six different size transformers. Four formal bids were opened by the City Clerk on April 18, 2002, at 2:00 p.m. These bidders were: 1. WESCO 2. WESTERN STATES ELECTRIC (bidding on both Cooper & Pauwels) 3. STEVENS, MCCARTHY & ASSOCIATES 4. G.E. SUPPLY COMPANY Bids were evaluated on price, delivery time, load losses, physical dimensions and availability of circuit protection. The bids are total cost, including tax and shipping. Based on staff's evaluation the lowest compliant bidder for each unit is as summarized in the attached table. The transformers will be placed in warehouse stock and will be charged out on a project-by-project basis. They have been budgeted in the 2001/02 Fiscal Year in Account Number 800.3646.690.000. Sufficient funds are available. RECOMMENDED ACTION: Award bids totaling $60,101.84 as follows: Two 150 KVA 240V and one 300 KVA pad mount transformers to Wesco for $17,621.18; three 25 KVA, two 75 KVA, and four 150 KVA 208Y pad mount transformers to Western States Electric (Cooper) for $30,923.40; and two 225 KVA pad mount transformers to Western States Electric (Pauwels) for $11,557.26. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject all bids and direct staff to re-advertise and re-solicit bids. Citizen A~vised: N/A Requested by: Stan Bartolomei, Electric Supervisor Prepared by: Judy Jenney, Purchasing & Warehouse Assistant Coordinated with: Candace Horsley, City Manager Attachments: Bid Tab~'~tion APPROVED:k~_..1,~~ Canda~e~orsl~y1 City Manager o c~ o o oo o o ,--I >, 0 0 o ,.-.I ~ ~ (2) H H ~ 0 ~ ~ ~ ITEM NO. DATE: May 1, 2002 AGENDA SUMMARY REPORT SUBJECT: AWARD OF BID TO SANGIACOMO LANDSCAPE SERVICES FOR LANDSCAPE DESIGN AND INSTALLATION SERVICES AT VARIOUS CITY OF UKIAH LOCATIONS As the Council is aware, Observatory and Orchard Parks are scheduled for the completion of landscape improvements this fiscal year. In addition to these scheduled park projects, several city owned properties and parking lots are in need of landscape improvements. Areas such as the interior of the downtown parking lots, Grace Hudson Museum parking lot, and the newly approved Depot pocket park are also in need of design and upgrades. City Parks staff is capable of completing minor improvement projects, however to complete these projects staff is recommending retaining a landscape design and installation firm. Currently there is approximately $20,000 budgeted for Observatory Park and $7,500 for Orchard Park in the 140.6050.800 account, Park Development Fund. Services may be utilized for additional projects, including those previously listed, upon the approval of funds by Council. For projects over $5,000, Staff will submit a report to Council as required by Section 1522 of the Municipal Code. Projects over $10,000 will require Council approval prior to the commencement of work. (Continued on page 2) RECOMMENDED ACTION: Award bid for landscape design and installation services to Sangiacomo landscape. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine landscape services are not required at this time and reject all bids. 2. Select an alternate bid from those submitted. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachment: Yes Community Services Department Larry W. DeKnoblough, Community Services Director Candace Horsley, City Manager Bid summary Sheet APPROVED: Landscape.asrLD/ZIP1 Candace Horsley, Citytanager A Notice to Bidders was issued through the City Clerk's office to all contractors identified on the City's Qualified Bidders List with three firms responding. The bid specifications requested that each bidder submit a separate hourly rate for design and installation. The attached bid summary provides a complete breakdown, by contractor, of the hourly rate for design and the various labor positions required for installation Mill Creek Nursery responded with $60 per hour for design, $65 per hour for installation supervisor, $50 per hour for laborer, and $40 per hour for laborer trainee. Creative landscaping submitted a design rate of $50 per hour but did not specify labor costs. The bid indicated a rate of 25% above prevailing wage rate, which is difficult to project without specifying the labor positions. Sangiacomo Landscape bid $40 for design, $35 per hour for irrigation fitter, and $30 per hour for laborer. All bids complied with the bid specifications and all firms are appropriately licensed and insured. As Sangiacomo Landscape is the Iow bid, staff is recommending award of bid for landscape design and installation services to Sangiacomo Landscape. BID SUMMARY SHEET o Mill Creek Nursery Design Supervisor Laborer Laborer Trainee $60 per hour $65 per hour $50 per hour $40 per hour . Creative Landscape Design Labor $50 per hour 25% over prevailing wage . Sangiacomo Landscape Design Irrigation Fitter Laborer $40 per hour $35 per hour $30 per hour Sa ITEM NO: DATE: May 1,2002 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF APPLICATION TO DEMOLISH A STRUCTURE OVER 50 YEARS OLD LOCATED AT 1346 SOUTH STATE STREET SUMMARY: The owner of the property located at 1346 South State Street has applied for a Demolition Permit to demolish the single-family residence located on the site. The structure was built in 1948, is in disrepair, and the owner would like to demolish it. The structure is over 50 years old, and therefore, according to the Ukiah Municipal Code (UMC), the City Council must conduct a public hearing to review and consider the historical and architectural significance of the structure. On April 23, 2002, the City Demolition Permit Review Committee considered the application and Historical Profile prepared by Judy Pruden, and unanimously found that none of the criteria in UMC Section 3016(E) (attachment 4) applied, and therefore the structure is not historically or architecturally significant. Based on the recommendation of the Project Review Committee, Staff is recommending approval of the Demolition Permit. RECOMMENDED ACTION: Approve the Demolition Permit for the structure located at 1346 South State Street based on the finding the structure does not have historical or architectural significance. ALTERNATIVE COUNCIL POLICY OPTION: Do not approve the Demolition Permit, and provide processing direction to staff as to the structure's future disposition. Citizen Advised: Noticed according to the requirements of the Ukiah Municipal Code. Requested by: Par Equipment Leasing, Owner Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager Attachments: . 2. 3. 4. 5. 6. Demolition Permit Application Location Map Historical Profile (Pruden) Ukiah Municipal Code Section 3016 Demolition Permit Review Committee Minutes, Dated April 23, 2002 (prior to meeting) CEQA Exemption Candace Horsley, City ~anager 68Z9-891~ (/_OZ,) 'Hd I10:1 NOIXVDIlddV '~^v,~¥Ni.3s OOg 1 13' 17' Hallway 13' 11' Baseme nt Access 12 Kitchen ! 13' Garage 20' Square Footaqe Total with Garage area: 2164 Total not including Garage: 1368 Total Floor Area covered with carpet: 840 Total Floor Area covered with Linoleum: 528 LOCATION MAP 1346 South State Street ATI'AGHMENT~_~.~ DATE: TO: FROM: RE: April 23, 2002 Charley Stump, Director of Planning Judy Pruden, Chairman Demolition Permit Review Committee 1346 SOUTH STATE STREET In the 1940's the area south of Wabash Avenue was subdivided this being one of those parcels. ' In early 1932 the Bartolomei family had an option to buy the property, but it is not clear exactly when Demetrio Bartolomei purchased the lot. Ersilia and Demetrio had nine (9) children, settled into the Talmage area around 1912, and began farming with the Guidi family. Their children married into well-known local families, Venturi, Paoli, Guidi, and Wildberger. Their seventh child Louis (Lewis) built 1346 South State Street (1112) in 1948. The location was an interesting choice because his neighbor was the Long Acres Motel, and State Street was the very busy Redwood 101 Highway. However, he listed his occupation as farmer, so he may have also wanted the small acreages for additional vineyards. Lewis Bartolomei Sr., died in 1986, but his widow's name, Eva, showed up in the phone listing at the address until 2000. The home has been remodeled and redecorated several times. There is very little evidence of the1948 structure. At one time, this property was well-maintained and very attractive. It is currently vacant, has some minor vandalism, and deferred maintenance problems. From a historical prospective the Bartolomei Family has been an important contribution to the community, but this particular house does not have significant architectural importance. Unfortunately, the location of the house may have condemned its future. As a single-family residence it is in an undesirable location. It's only future would lie in a readaptive use for a business office. There are no significant historical or architectural factors to prevent its demolition. However, it would be an interesting candidate for reuse. R:I\PLANNING MSTUMP ATTACHMENI _ 3016: MODIFICATIONS TO THE UNIFORM BUILDING CODE: mo The section of the Uniform Building Code, relating to applications for building permits is modified to require in an application to demolish a building, the date when the building was first constructed, if known. Bo The section of the Uniform Building Code, relating to permit issuance, is modified to require that, as to buildings constructed fifty (50) years or more prior to the date of application, the Director of Planning or his/her designee shall determine whether: 1. The building is an accessory building such as, but not limited to, a garage, storage shed, or carport, whether attached or detached to a main building; except that certain accessory buildings, such as carriage houses, which are presumed to have historic or architectural significance shall be subject to further review as provided in subsection D of this Section, unless the building is subject to demolition under subsection B2 of this Section. 2. Immediate demolition of the building is necessary to protect the public health or safety and the failure to immediately demolish the building would constitute a serious threat to the public health or safety. Co If subsection B 1 or B2 of this Section applies to the building, no further review shall be required under this Section and the permit shall be issued in accordance with the provisions of the Uniform Building Code. Do If the Planning Director finds that neither of the exceptions in subsection B 1 or B2 of this Section applies to the building, the demolition permit shall be subject to further review in accordance with this Section. The Planning Director shall transmit the proposal to the Demolition Permit Review Committee, or other official reviewing body established by the City Council, for review, comment, and a recommendation to the City Council. Once the Demolition Permit Review Committee formulates a recommendation concerning the disposition of the proposed demolition permit, the Planning Director shall schedule and duly notice the matter for a public hearing and decision by the City Council. The public noticing shall indicate the day, time, place, and purpose of the public hearing, and how additional information about the subject matter can be obtained. The public noticing shall be accomplished in the following manner: 1. Publication in a newspaper of general circulation in the City at least ten (10) days prior to the hearing. 2. Mailing or delivery at least ten (10) days prior to the hearing to the owner(s) of the subject property, or his/her agent, and to the project applicant, if the applicant is not the owner. Eo Fo Go 3. First class mail notice to all owners (as shown on the latest available Mendocino County Tax Assessor's equalized assessment roll) of property within three hundred feet (300') of the subject property. In reviewing proposed demolition permits, and formulating recommendations to the City Council, the Demolition Permit Review Committee shall consider any information provided during the meeting, and shall use the following criteria. The structure: 1. Has a special or particular quality such as oldest, best example, largest, or last surviving example of its kind; or 2. Exemplifies or reflects special elements of the City's cultural, social, economic, political, aesthetic, or architectural history; or 3. Is strongly identified with persons or events significant in local, State, or national history. If the Demolition Permit Review Committee finds that any of the criteria listed in subsection E of this Section apply to the building proposed for demolition, it shall recommend denial of the demolition permit to the City. 1. The City Council shall conduct a public hearing pursuant to subsection D of this Section to consider the recommendation of the Demolition Permit Review Committee, and to determine if any of the criteria listed in subsection E of this Section apply to the building proposed for demolition. If the City Council determines that any one of the criteria apply, it shall make a corresponding finding to that effect. 2. At the hearing, the applicant shall have the opportunity to present evidence that a viable market does not exist for the building, taking into account the condition of the building, the probable cost to put the building into marketable condition, and the uses of the property allowed under existing or probable future zoning regulations. The City Council shall consider such evidence offered by the applicant and any other information presented at the meeting by any interested party or by staff, to determine whether or not a viable market exists. "Viable market" means that it is reasonably likely that the building could be sold within a commercially reasonable period of time for more than the seller would be required to invest in the purchase of the property and preparing the property for sale, or that the property could produce a reasonable return on the amount of money it would take to purchase the property and prepare the building for income producing purposes. "Reasonable return" means the average rate of return on real estate investments in the Ukiah Valley. 3. If the City Council determines that a viable market exists: a. It shall so notify the Building Official who shall not issue the demolition permit. The City Council shall determine whether a viable market exists based on substantial evidence presented at the hearing, or, it may assume that a viable market exists, if the applicant fails to present substantial evidence that a viable market does not exist; b. Not more than once within any twelve (12) month period, the applicant may submit a new application for a demolition permit and the City Council may reconsider whether a viable market exists: (1) Upon a showing by the applicant that market conditions have changed; or (2) Based upon new information that in the exercise of reasonable diligence the applicant could not have produced at the first hearing. 4. If the City Council determines, based on substantial evidence, that a viable market does not exist, the issuance of the demolition permit shall be stayed for a period of ninety (90) days. a. During that ninety (90) day period, the City shall do the following: (1) Determine whether other alternatives to demolition exist, which are acceptable to the applicant, that would preserve the historic, architectural or cultural significance of the building; (2) Determine whether funds are available from any private source for the acquisition and preservation of the building through a negotiated purchase on terms acceptable to the applicant; or (3) If sufficient funds are available from any private source and a negotiated purchase is not possible, determine whether to acquire the building through eminent domain. b. If within the ninety (90) days, the City does not reach agreement with the applicant or commence acquisition of the building, the Building Official may issue the permit in accordance with the provisions of the Uniform Building Code. c. If within the ninety (90) day period, the City either: 1) reaches agreement with the applicant or 2) commences acquisition of the building, the Building Official shall not issue the demolition permit. d. However, the Building Official shall continue to process the application for a demolition permit in accordance with the Uniform Building Code, if the City and the applicant terminate their agreement or the City fails to diligently pursue or abandons acquisition of the building. e. The City Manager or his/her designee shall inform the Building Official whenever the Ho City and the applicant terminate their agreement or the City fails to diligently pursue or abandons acquisition of the building. f. If the Building Official has issued a demolition permit under this subsection and the permittee applies to extend the permit an additional one hundred eighty (180) days in accordance with the applicable provisions of the Uniform Building Code then in effect, the Building Official shall refer the application to the City Manager for an initial determination as to whether market conditions have changed. The City Manager shall make the determination within ten (10) days after the application is referred by the Building Official. If the City Manager determines that market conditions may have changed and that a viable market may exist for the property, he or she shall schedule the matter for a hearing before the City Council to be noticed and conducted in accordance with subsections D and G of this Section. However, at the hearing the City shall have the burden of proving by a preponderance of the evidence that market conditions have changed and a viable market exists. If the City Manager determines that market conditions have not changed, he or she shall so notify the Building Official and the applicant. Upon such notification, the Building Official shall further process the application to extend the term of the demolition permit in accordance with the requirements of the Uniform Building Code then in effect. If the City Council conducts a hearing upon referral by the City Manager, the City Clerk shall provide written notification to the Building Official and the applicant of the City Council decision. If the City Council decides that a viable market exists, the Building Official shall not issue the permit, but the provisions of subsection G3b of this Section shall apply. If the City Council decides that a viable market does not exist, the Building Official immediately shall proceed to further process the application in accordance with the applicable provisions of the Uniform Building Code then in effect. 5. "Diligently pursue acquisition" means taking all steps within the time required by law to acquire the building by eminent domain. 6. References to "applicant" herein shall include the building owner. The Planning Director shall provide a written notice of the City Council determination to the applicant. The written notification shall be mailed or hand delivered within five (5) days from the date of the City Council's decision. The notice shall include the finding(s) and decision made by the City Council and a copy of this Section. The applicant for a demolition permit for a building determined to have historic, architectural or cultural significance shall salvage the building materials for reuse to the maximum extent feasible, and shall ensure that upon completion of the demolition, the site is left in a safe, presentable, and clutter free condition. J. Reconsideration Of Decisions: 1. Grounds For Reconsideration: The City Council may reconsider a decision under this Section within sixty (60) calendar days from the date the decision was made, if information that may have materially affected the decision was: a) misrepresented by the applicant, or b) not disclosed by the applicant, if the applicant knew or should have known that the information may have affected the City Council decision. "Information" as used herein means matters of fact or law. A decision may not be reconsidered, if all three (3) of the following have occurred. The demolition permit: a) has been issued, b) did not at the time it was issued violate any provision of the Uniform Building Code, as adopted by the City, or any other City ordinance or State or Federal law, and c) the permittee has commenced demolition in good faith reliance on the permit. 2. Procedure On Reconsideration: Reconsideration of a decision under this Section may be placed on the agenda for a regular City Council meeting by any member of the City Council who voted in favor of the original decision. Notice of any meeting where reconsideration is on the agenda shall be provided in accordance with subsection D of this Section. If already issued, the permit shall be suspended from the date that an eligible City Council member requests that the matter be placed on the agenda and until the City Council makes a final decision upon reconsideration. The Building Official shall notify the applicant in writing of the permit suspension. At the meeting, the City Council shall determine, based on evidence provided to the City prior to or during the meeting, whether reconsideration is permitted under subsection J 1 of this Section. Any motion to reconsider the decision shall contain findings supported by substantial evidence. If upon reconsideration the City Council makes a different decision, the City Clerk shall provide notice of that decision to the Building Official and the applicant/permittee within five (5) working days after the decision is made. If, upon reconsideration, the City Council determines that a building has historic, architectural, or cultural significance, and the Building Official has issued a demolition permit based on the previous decision, the Building Official shall revoke the permit. If the previously issued permit has expired, the Building Official shall deny an application for a new permit, unless the permit is issued in accordance with subsection G4 of this Section. (Ord. 838, §1, adopted 1984; Ord. 927, §1, adopted 1992; Ord. 1014, §1, adopted 1998) ~ATTACHMENT__~ TO: Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 County Clerk FROM: County of Mendocino Courthouse Ukiah, CA 95482 City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 PROJECT TITLE: 1346 South State Street Demolition Permit DESCRIPTION OF PROJECT: The project involves the demolition of a single-family residence 50 years old with no historical or architectural significance. LOCATION OF PROJECT: 1346 South State Street, Ukiah, CA PUBLIC AGENCY APPROVING PROJECT: City of Ukiah NAME OF PROJECT APPLICANT: Thomas Patzke, Owner / PAR Equipment Leasing CEQA EXEMPTION STATUS: '..J Ministerial Declared Emergency Categorical Exemption Section 15301, Class 1(I) Statutory Exemption Section REASONS WHY PROJECT IS EXEMPT: The structure possess no historical or architectural significance, and otherwise complies with the CEQA exemption~riteria in terms of number and location of demolitions. LEAD AGENCY CONTA{~T PERSON: Cha tuml~ SIGNATURE/...,': .... TITLE: / I-'1 D I Environmen oordinator //7-~ AGENDA SUMMARY ITEM NO. 8b DATE: May 1, 2002 REPORT SUBJECT: DISCUSSION OF PLANNING PERMIT FEE STUDY AND DIRECTION TO STAFF CONCERNING POSSIBLE MODIFICATIONS TO FEE SCHDEULE SUMMARY: Staff recently prepared a Planning Permit Fee Studyto determine how much it costs for the City to process various planning permits, and to compare our fees to those charged by other nearby jurisdictions for the same basic services. Our research indicates that the City of Ukiah's fees are generally less than all surveyed jurisdictions. Additionally, many jurisdictions charge fees for other planning and zoning services that are time consuming for staff. The purpose of this agenda item is to initiate a discussion of the Planning Permit Fee Study and to seek Council direction concerning possible modifications to the current fee schedule. BACKGROUND: The last time the fees were studied was in 1996, at which time the City Council adopted a Resolution raising the fees to' recoup approximately 75% of the cost of processing the permits. The 1996 Study took into account staff salaries but not benefits, and therefore did not reflect the true "cost" to the City. Staff believes that the Council may wish to establish fees that include the actual cost of both salaries and benefits. Additionally, the 1996 Study did not consider establishing fees for certain services that had never been charged previously. Based on the amount of time spent completing complex research, gathering information from various sources, and writing detailed letters for specific questions and situations. Staff believes that consideration should be given to establishing fees for these services that are above and beyond providing basic and reasonable public information. (continued on page 2) RECOMMENDED ACTION: Conduct the public hearing Discuss the Planning Permit Fee Study and provide direction to Staff. ALTERNATIVE COUNCIL POLICY OPTIONS: Do not discuss the Study and provide direction to Staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Interested persons and organizations Department of Planning and Community Development Charley Stump, Director of Planning and Community Development Candace Horsley, City Manager 1. Planning Permit Fee Study (previously distributed to the City Council). 2. Planning Commission minutes, dated January 23, 2002 APPROVEDL C-'~dace Horsley, Cit1 Manager Comparison of Planning Permit Fees: Our research indicates that The City of Ukiah's fees are generally less than all surveyed jurisdictions. We also discovered that the difference between the City of Ukiah's fees and those of the Mendocino County Department of Planning and Building Services is dramatic. To process a major subdivision in Mendocino County the charge is $4,495. In the City of Ukiah, the fee is $900. It should be noted that the procedures for processing Major Use Permits and Major Subdivisions applications are generally the same. The important comparison was between Ukiah, the cities of Willits and Cloverdale, and Mendocino County because of the close proximity of the jurisdictions. Overall, the research indicated that Ukiah's Planning fees are approximately 66 percent lower than Cloverdale fee's, and 10 percent lower than the fee's charged by the City of Willits. As illustrated earlier with the fees for a Major Subdivision, Mendocino County's fees are significantly higher than the City of Ukiah's. When averaged, Mendocino County's fees are 263% higher than Ukiah's. Our research also revealed that many jurisdictions have adopted fee schedules that recoup 100% of the cost of processing permits. Fort Bragg for example, requires an initial deposit, and then after closely monitoring the time spent processing the permit, full payment for the total staff hours must be made before the permit is issued. While many jurisdictions are deciding to recoup 100% of their costs, others have concluded, for a variety of reasons, that something less than 100% is appropriate. Staff believes that consideration should be given to recouping a "true" 75% of the cost of processing permits. Planning/Zoning Services: A review of fee schedules for other Planning Departments reveals that other jurisdictions charge fees for a wide range of planning/zoning related services. For example, the City of Fort Bragg charges $600.00 to file an appeal to a Planning Commission decision, and a $100.00 deposit for pre-application analysis. Once the pre-application analysis is complete, the property owner/developer is required to pay for the total hourly staff time spent on the task. The City of Ukiah does not charge for appeals or pre-application analysis. While we don't want to discourage or prevent anyone from appealing a Planning Commission or Zoning Administrator decision, we believe that a small and reasonable fee should be considered to cover the cost of the required legal notice and mailings. We also consider a basic pre-application review as an "investment", yet in many cases, potential applicants are seeking extensive research and written statements/interpretations of Zoning Codes, General Plan policies, State laws, etc. We believe that a reasonable fee should be considered to cover the cost of providing this service that goes beyond basic public information. PLANNING COMMISSION DISCUSSION: The Planning Commission discussed the current fee schedule and sound-boarded ideas for possible modifications. It unanimously concluded that fees should not be required for basic pre-application reviews, but felt that fees should be required for appeals, subdivision exceptions, sign permits, environmental review, public hearing continuances, and for projects undertaken without the required permits. They also felt that the Council should consider raising the fees to recoup 90% of the total cost to process permits. PUBLIC REVIEW: The Planning Permit Fee Study was sent to the Chamber of Commerce, Mendocino County Employers Council, North Coast Builders Exchange, and a number of local architects and engineers for review and comment. A legal notice was published in the local newspaper, and copies have been available for review and check-out at the Department of Planning and Community Development. RECOMMENDATION: Discuss the Planning Permit Fee Study and provide direction to Staff. In addition, at least one bicycle parking rack shall be provided for residential buildings on the site. the 8 Condition of Approval No. 26: A sign.restricting left-hand turns from the access driveway 6:00 p.m. shall be installed at its intersection with Gobbi St~ the hours of 3:00 to It was noted the City traffic study would not be com for another six month and the applicant require an action on the project so that .ortunities for tax credit are not lost. ON A MOTION by Commissioner Pn by Commissioner Loewenstein, it was carried by an all AYE voice vote Commissioners present to approve Major Site Development Permit Amendm. No. 01-20 with Findings 1-10 and Conditions of Approval 1-28, as outlined in :afl report with the amended Conditions of Approval listed above. 9. OLD BUSINE,~ It was A. of the preliminary approach to revising the light Jringlmixed-Use Development Regulations in the Airport Industrial Park Planned Development Ordinance. consensus of the Commission to continue for discussion the above-referenced the next regular meeting. 10. NEW BUSINESS ~ B. Preliminary discussion concerning revisions to the Planning Department Permit Fee Schedule. Planning Director Stump desired Commission comments regarding possible revisions to the Planning Department Fee Schedule prior to presentation and approval by City Council. Commissioner Loewenstein recommended doubling the fee penalty for projects undertaken without the required permits, implementing nominal fees for appeals to prevent frivolous appeals from going forward in the approximate sum of $150, and that the Boundary Line Adjustment fees not be the same cost as a Subdivision or Use Permit. He recommended allowing the Boundary Line Adjustment to remain the same, but increase the fees for the Subdivisions or Use Permits requiring more staff time. Commissioner Pruden favored staff securing a 90 percent recapture on the permit fees, raising fees on items one through six. She favored not establishing a fee for pre- application meeting fees, but favored establishing fees for appeals and pre-hearing continuations to include one free continuation allowed by the Commission or one by the applicant. She also favored raising the fees for Subdivision Exceptions, Sign Permits, and Environmental Reviews. Again, she supported staff securing a 90 percent recapture on all associated staff costs. Mr. Stump stated staff has considered "graduated scaling of projects" relevant to how large or small a project may be to include staff's time in processing a particular permit. 11. PLANNING DIRECTOR REPORTS MINUTES OF THE PLANNING COMMISSION Page ]0 Janua~ 23,2002 .A'FrACHMENT_._/~ Planning Permit Fee Study CITY OF UKIAH, CALIFORNIA Prepared by the City of Ukiah Department of Planning and Community Development April, 2002 INTRODUCTION The City of Ukiah last revised its fees for planning and zoning activities in early 1996. Prior to that time, the fees had been modified in 1964, 1973, 1976, and 1989. The purpose of raising the fees in 1996 was to move closer to recovering the costs associated with processing the planning and zoning permit applications. Since, 1996, the processing of applications has become more complex and time consuming. This is due to increased citizen involvement, an increase in infill development and its associated issues, the demand for a higher quality planning analysis, and the emergence of typical growth pains such as, traffic congestion, drainage, and the erosion of community character. Additionally, this Study considers the full costs of Staff salaries and benefits to process permits. The underlying goal of the Study was to discover what it currently costs the City to pay the Staff to process permits, and provide other services, to compare the current fees with the fee schedules from neighboring jurisdictions, and to develop alternatives for revising the current fee schedule, if deemed appropriate by the City Council METHODOLOGY To determine the adequacy of the current fee schedule, two primary factors were explored. First, the fees were compared to the fees charged for the same type of permit by other nearby jurisdictions. Second, an average timeframe for processing a typical development permit application was established, and the staff salary/benefits implications were calculated. Additionally, consideration was given to establishing new fees based upon the overall services provided to the public. Currently, the General Fund supports many services that are primarily provided solely to the development community. SURVEYED JURISDICTIONS The planning permit fee schedules of Willits, Cloverdale, Fort Bragg, Lakeport, Healdsburg, Windsor, Lakeport, Arcata, and Mendocino County were examined. Populations of the cities ranged from 4,585 (Lakeport) to 19,300 (Windsor), and in municipal square miles from 2.7 (Fort Bragg) to 12.49 (Arcata). In an effort to provide consistency and fairness, we selected "rural" jurisdictions for the survey. In most of the cases, the fee schedules had been recently revised. To provide additional contrast, the City of Ukiah fees were compared to planning fees for the Mendocino County Department of Planning and Building Services. Most important were the fee schedules of Willits, Cloverdale, Fort Bragg, Lakeport, and Mendocino County, because of their close proximity to the City of Ukiah. JURISDICTION SQUARE MILES Healdsburg POPULATION 10,000 NO. OF PLANNERS Arcata Windsor Fort Bragg Cloverdale Ukiah 12.49 16,500 5 6.5 19,300 4 2.7 6,3O0 1 7.2 6,000 2 4.5 15,497 3 Lakeport 3.0 4,585 2 Willits 3.0 5,200 1 3.5 2 ANALYSIS 1. Comparison of Fees (Appendix Table No. 1) The City of Ukiah's fees for planning permit applications are generally less than all surveyed jurisdictions, except for the. Cities of Lakeport and Willits. In the case of Healdsburg and Windsor in Sonoma County, the differences were dramatic. For example, the fee for a Major Use Permit in Healdsburg is $2,280. The City of Ukiah charges $450. Even more dramatic is the difference between the City of Ukiah's fees and those of the Mendocino County Department of Planning and Building Services. For example, to process a major subdivision in Mendocino County the charge is $4,495. In the City of Ukiah, the fee is $900. It should be noted that the procedures for processing Major Use Permits and Major Subdivisions applications are generally the same. In other instances, particularly with respect to more rural jurisdictions, the differences were minor. For example, the City of Ukiah charges $900 for a Rezoning application, while the City of Lakeport charges $700. The important comparison was between Ukiah and the Cities of Willits and Cloverdale, and Mendocino County because of the close proximity of jurisdictions. Overall, the research indicated that Ukiah's Planning fees are approximately 66 percent lower than Cloverdale fee's, and 10 percent lower than the fee's charged by the City of Willits. As illustrated above with the fees for a Major Subdivision, Mendocino County's fees significantly higher than the City of Ukiah's. When averaged, Mendocino County's fees are 263% higher than Ukiah's. 2. Processing Time and Salary Implications To determine the actual cost of processing a typical development permit application, a breakdown of the hours of staff time was performed. Typically, all members of the Planning Department staff have some involvement in the review and processing of development permit applications. The time is spent by the Associate Planner, Administrative Secretary, and Planning Director. To compute the cost of processing, each staff member estimated how much time they generally spend with a typical development permit application, and wages/benefits were totaled accordingly. The results, as illustrated in the Table below reveal that in order to process a typical major Site Development or Use Permit application, the Planning Department spends approximately 34.5 hours at a cost of approximately $1235.85. POSITION PLANNING DIRECTOR ASSOCIATE PLANNER SECRETARY TOTALS TIME SPENT 6 HOURS 24.5 HOURS 4 HOURS SALARY/BENEFITS $47.75 $35.21 34.5 HOURS $21.61 TOTAL COST $286..50 $862.64 $86.44 $1235.85 3. Associate Planner Tasks Associated with Typical Major Permit Processing The following Table illustrates the basic Associate Planner tasks associated with processing a Major Site Development or Use Permit. TASK Receipt of application and review for all required information 300-foot notice mapping, project familiarity, and preparation of project referral materials Site visit Project Review Committee (PRC) meeting PRC follow-up work and meetings Notice preparation, site posting, and oversight of mailings. Preparation of Staff Report Follow-up and public hearing preparation Planning Commission hearing TIME SPENT .5 hours 2.5 hours 1 hour 1 hour 3 hours 1.5 hours 8 hours 2 hours 1 hour EXPLAINATION This task can take longer depending upon the extent of applicant questions, amount of submitted information, and complexity of project This task can take longer if the project is large and complex This task can take less time if the site is small and the project straight forward The time required for this task depends upon the size and complexity of the project, and whether or not any significant issues arise. This task involves subsequent meetings with various City staff and the applicants to resolve issues identified in the PRC meeting Depending upon the number of notices, this task could take less or more time. This task involves working out final issues, responding to neighborhood/public concerns, and drafting the actual Staff Report. This task involves responding to questions and issues raised by applicants and the general public in response to the Staff Report. The average project takes approximately this amount of time at the PC meeting TASK Confirmation letter to applicant, follow-up work with applicant and the general public, file maintenance Miscellaneous Building Permit review TOTAL TIME SPENT 2 hours 1 hour 1 hour 24.5 hours EXPLAINATION The length of time associated with this task varies depending upon the complexity of the project, and whether or not the decision was/is controversial This task routinely involves dialogs with sign contractors (commercial development), architects and engineers preparing construction drawings, etc. Review of Building Permit for consistency with the approved descretionary permit. 4. Planning Director Tasks Associated with Typical Major Permit Processing TASK Initial project review, CEQA process determination, and project assignment Project sound-boarding, project Review Committee meeting, direction to staff. TIME SPENT .5 hours 3 hours EXPLAINATION The Planning Director performs a cursory review of each project, determines what level of environmental review is required, and assigns the project to staff. The Planning Director discusses each project with the assigned planner, sound-boards issues and planning principals as they apply, conducts the PRC meeting, and provides direction to staff TASK Staff Report review Planning Commission meeting TOTAL TIME SPENT 1 hour 1 hour 6 HOURS EXPLAINATION The Planning Director reviews and edits the Staff Reports prepared by the assigned planners. The Planning Director spends approximately 1 hour per project at the Planning Commission meeting. 5. Administrative Secretary Tasks Associated with Typical Major Permit Processing TASK File preparation Preparation of noticing list Mailing of correspondence TIME SPENT 1 hour 1 hour 1 hour EXPLAINATION The Secretary applies labels to the file folder, prepares and inserts the tracking sheet, inserts the application and associated materials, and delivers the file to the Planning Director After the planner prepares the 300-foot noticing map, the secretary generates the APN mailing list and produces mailing labels. Over the course of the project review period, the Secretary contributes approximately 1 hour to packaging and mailing correspondence, such as letters to applicants, project referral packets, decision confirmation letters, etc. TASK Planning Commission packet preparation TOTAL TIME SPENT 1 hour 4 HOURS EXPLAINATION The secretary makes copies of the Planning Commission Agenda, staff reports, and associated materials that make up the Planning Commission packet, and mails or hand delivers the them to Commissioners. FEES FOR MINOR PERMITS The current $225 fee for Minor Use Permits, Site Development Permits, and Variances is similarly well below what other nearby jurisdictions charge for the same processing service, and well below what it costs the City to process the entitlement. Staff believes that this fee should be increased by the same percentage as the Major Permits. On the other end of the spectrum, Staff believes that some projects currently classified as "Minor" and charged the $225 fee should be considered less than minor and charged a reduced fee. For example, temporary (3 week) outdoor sales establishments such as Christmas tree sales lots should not have to pay $225 and go through a 4 to 6-week review process. Staff believes that these types of very minor projects should be charged less and be processed more rapidly. FEES FOR SERVICES PREVIOUSLY PROVIDED FOR FREE There are a number of services that the City planners have provided for free that take a considerable amount of time. Staff believes that some of these fees should be established for some of these services. While many Planning Departments charge fees for every service they provide, we believe that some of the services should continue to be provided at no charge because some basic services assist the client to understand zoning, building, subdivision, and other regulations so that the initial design of a project is generally consistent with the "rules" and the actual permit processing is more efficient and pleasant. In addition, providing written permit information and processing hand-outs, City Code provisions, and other basic material helps the client understand the regulations, and allows them to leave the Civic Center with copies of the rules to read and understand. The time consuming services that cross over the threshold of basic public information include, processing appeals of Planning Commission and Zoning Administrator decisions, lengthy pre- application review, detailed planning research, processing sign permits, processing address changes and road name changes, mitigation monitoring, re-noticing public hearing continuances requested by the applicants, investigating work performed without required Planning Permits, and referring projects to and interacting with the Mendocino County Airport Land Use Commission. Staff is proposing to establish reasonable fees for these services, because they primarily serve the development community, rather than the public at large. We believe that providing basic planning and zoning information is more of a service for the public at large, and therefore should continue to be provided at no cost. FEES FOR ENVIRONMENTAL REVIEW The majority of projects requiring descretionary review are categorically exempt from the requirements of the California Environmental Quality Act. Other projects, such as large commercial, residential, and industrial projects, and subdivisions require the preparation of an Initial Environmental Study to determine if a Negative Declaration or Environmental Impact Report must be prepared. The Initial Environmental Studies take time to produce. Staff gathers soil, air quality, hydrology, biotic, traffic, and other information, analyzes the proposal, and determines if the project will result in significant adverse environmental impacts. If staff does not have enough information to make this determination, the project applicants are required to provide any technical reports and information to allow the study to be completed. Once the study is completed and a determination is made, there are additional cost for noticing, distribution of the document, circulation to the State Clearinghouse, and other tasks. The gathering of information, analysis, correspondence, noticing, copying of documents, distribution, and providing information to the public is time consuming and expensive. Most jurisdictions require a substantial fee for this service. In the past, we have essentially conducted these studies at no the cost. We now are finding that the larger more complex projects require more detailed Initial Studies than before because of the infill nature of the projects, and because the remaining vacant land in the City is burdened with a variety of constraints. VVhile we have developed a solid amount of resource information and honed our format and efficiency in producing Initial Environmental Studies, they can take a significant amount of time. Accordingly, we believe that a reasonable fee should be established for the preparation of Initial Environmental Studies. Consideration should be given to establishing fees for "minor" Initial Studies (small projects that are not categorically exempt from CEQA), and "Major" Initial Studies (large complex projects). FEES FOR VERY LARGE DEVELOPMENT PROJECTS There is a huge disparity between the time for processing a small to medium size development project and a very large one. Both are defined as Major Use or Site Development Permits and require a $450 fee. For example, the fees collected for the small Porter Street Barbeque restaurant were same small as those collected for Walmart. The fees collected for the Thompson Accounting mixed-use building behind the Civic Center were the same as those collected for the Mendocino Brewing Company project, Friedman Brothers store, and the Big K Kmart retail store. In the past, it was concluded that this disparity balances itself out. It was felt that the $450 collected for the smaller projects would more than cover the cost of processing, and therefore would make up for the thousands of dollars spent on processing the bigger projects that paid the same $450 permit fee. It is our conclusion now that the disparity is no longer successfully balanced. The majority of discretionary permits we now process are infill projects on land that is burdened with constraints and/or fraught with neighborhood compatibility issues. Even the small projects take more time to resolve traffic, drainage, and neighborhood issues. Moreover, the large projects, such as the Hampton Inn or the Hull/Piffero Subdivision that paid $450 and $900 respectively take significant amounts of staff time that costs the City thousands of general fund dollars. Staff is proposing to establish a threshold for larger projects that will define them as something more than a "Major" permit project, and will require a higher processing fee. FEE REDUCTION FOR AFFORDABLE HOUSING PROJECTS Many communities provide reduced fees for affordable housing projects to establish an incentive for their production. Staff believes that this type of incentive is reasonable for Ukiah, particularly given the sharp increases in home prices and rents, and the resulting scarcity of affordable housing units. "PENALTY" FEES FOR WORKING WITHOUT A PERMIT Many communities adopt a "penalty" fee for developers/property owners who begin working without a required planning permit. The typical penalty fee is double the amount of the permit. Staff believes that consideration should be given to establishing this fee because of the extra work required in these circumstances. The extra work involves a site visit and meeting to discuss the "violation," correspondence to establish a record, etc. The rationalization of a having a "penalty" fee includes the establishment of a deterrent to proceeding with a project prematurely. FEES COLLECTED TO HELP FUND THE FUTURE REVISION TO THE GENERAL PLAN Many communities collect a "surcharge" fee from building and most Planning Permits to fund the future revisions to the General Plan. The surcharge ranges from 5% to 15% of the cost of the permit. These fees do not completely fund General Plan revision projects, but contribute to their funding, and are justified by the rationalization that new development must pay its fair share of covering the cost of the service of revising the local General Plan, which is mandated by law. The remaining cost of the General Plan revision is typically comes from the General Fund. Staff believes that the City of Ukiah should consider a General Plan Revision Fee. CONCLUSIONS The City Planning Department fees are less than what similar nearby jurisdictions charge for the same service. They are significantly less than what Mendocino County currently charges. Interestingly, recent discussions with staff from the Mendocino County Planning and Building Services Department reveals that they are in the process of evaluating their fee schedule for possible increase to compensate for the recent increase in salaries (Slavin Study). In the past, the City has chosen to partially subsidize the cost of processing Planning Permits, and to not charge for a variety of related services. In 1996, the City Council decided to reduce this subsidy and increase the recouping of City costs from approximately 50% to 75%. However, the Fee Study produced at that time considered only the salary and not the benefits received by staff. The City's total cost to pay the Planning Department Staff (salary and benefits) should be considered. Most jurisdictions attempt to recoup 100% of their cost of processing permits, and provide some services free of charge. Consideration should be given to increasing most of the fees to recoup between 50% and 100% of the cost to process the permits. Permit and Current Cost to 50% Recoup 75% Recoup '100% Recoup Current Fee Process Permit Major Use Permit and Site $1236 $618 $927 $1236 Development Permit $450 Minor Use Permit and Site $618 $309 $463.50 $618 Development Permit $225 Major Subdivision $1800 $900 $1350 $1800 $900 RECOMMENDATIONS It is recommended that the City Planning Department propose an increase in the fees collected for processing both Major and Minor Use Permits, Variances, and Site Development Permits to continue to recoup a minimum of 75 percent of the cost of processing. 1 Establish a fee for minor temporary uses that would be less than the fee charged for minor permits. m Establish a fee for large major permits that is defined by commercial and industrial square footage, number of subdivision lots, etc. 4. Establish a reduced fee for affordable housing projects. ,, Establish a nominal fee for appeals of decisions made on permits. The intent would not be to discourage appeals, but rather to recoup the out-of-pocket costs for noticing, report copying, and mailing. 6. Establish a fee for the preparation of Initial Environmental Study documents. Establish fees for lengthy pre-application review, detailed planning research, processing sign permits, Processing address changes and road name changes, mitigation monitoring, re-noticing public hearing continuances requested by the applicants, investigating work performed without required Planning Permits, and referring projects to and interacting with the Mendocino County Airport Land Use Commission. 8. Consider establishing a General Plan Revision Fee. TABLE I Comparison of Planning Department Fee Schedules APPLICATION Minor Subdiv Major Subdiv Major Use Permit Minor Use Permit Major Variance Minor Variance Major Site Dev Permit Minor Site Dev Permit GP Amendment Rezone Appeal UKIAH $45O $9OO $45O $225 $45O $225 $450 $450 $9OO $90O $0 LAKEPORT $220 $275 $255 $125 $255 $255 $295 $165 $390 $700 $150 ARCATA Deposit + 100% of cost Deposit + 100% of cost Deposit + 100% of cost Deposit + 100% of cost Deposit + 100% of cost Deposit + 100% of cost Deposit + 100% of cost Deposit + 100% of cost Deposit + 100% of cost Deposit + 100% of cost Deposit + 100% of cost Continuation of Table 1: Comparison of Planning Department Fee Schedule_~ APPLICATION Minor Subdiv Major Subdiv Major Use Permit Minor Use Permit Major Variance Minor Variance Major Site Dev Permit Minor Site Dev Permit GP Amendment Rezone Appeal UKIAH $450 $9O0 $45O $225 $45O $225 $45O $225 $900 $9OO $0 WILLITS $700 $1500 $6OO $200 $6OO $200 $300 $185 $5O0 $4OO $100 FORT BRAGG Cost incurred* Costincurred* Cost incurred* $50O $5O0 $500 Cost incurred* $5O0 Cost incurred* Cost incurred* $600 * "Cost incurred" means the hourly cost of staff time to process the application Continuation of Table 1: Comparison of Planning Department Fee Schedules APPLICATION Minor Subdiv Major. Subdiv Major Use Permit Minor Use Permit Major Variance Minor Variance Major Site Dev Permit Minor Site Dev Permit GP Amendment Rezone Appeal UKIAH $45O $900 $45O $225 $450 $225 $450 $225 $9OO $900 $0 CLOVERDALE $1,000 $1,5OO $750 $300 $700 $70O $65O $200 $1,250 $1,025 $75 MENDO CO. $3,906 $4,495 $1900- $250O $855 $550 $55O N/A N/A $3,227.50 $3,227.50 $6O0 Continuation of Table 1: Comparison of Planning Department Fee Schedules APPLICATION Minor Subdiv Major Subdiv Major Use Permit Minor Use Permit Major Variance Minor Variance Major Site Dev Permit Minor Site Dev Permit GP Amendment Rezone Appeal UKIAH $45O $9O0 $45O $225 $45O $225 $45O $225 $900 $900 $0 HEALSDBURG $1,500 $1,500 + $40 per lot $2,280 $1,200 $300 $3OO $6O0 $4OO $2,200 $2,200 $150 WINDSOR $1,070 + $40 per lot $1,510 Time and Materials* $1,160 $590 $59O $2,260 $1,510 Time and Materials* Time and Materials* $45O - $7OO** Time and materials means "actual staff hourly costs, increased by indirect and overhead cost factors, plus expenses for outside professional services." The base appeal fee is $450, but the Planning Director can charge an additional $250 if the consultation with the City Attorney is needed. TABLE 2 PLANNING DEPARTMENT CURRENT/PROPOSED FEE SCHEDULE PERMIT APPLICATION OR SERVICE Site Development Permit Major Site Development Permit Minor Use Permit Major Use Permit Minor Use Permit/SDP Amendment Variance Major Variance Minor Subdivision Major Subdivision Minor CURRENT FEE $45O $225 $450 $225 $225 (Minor) $450 (Major) $450 $225 $9O0 $450 PROPOSED FEE Level 1:$900' Level 2: $1200' Level 1:$150* Level 2: $450* Levell:$900* Leve12:$1200* Level1: $150' Level2: $450* $50 (Minor Level 1) $150 (Minor Level 2) $300 (Major Level 1) $433 (Major Level 2) $45O $225 $9OO $1350 Subdivision Exception Boundary Line Adjustment Appeal Agenda/Minutes General Plan Amendment Annexation General Plan Amendment Rezoning Rezoning Planned Development CEQA Document Filing Pre-Application Conference/Review (Planning Staff) Project Review Committee Pre-Application Review Sign Permit Environmental Review Initial Study Environmental Impact Report (EIR) Mitigation Monitoring $0 $450 $0 $150/Year $9O0 $9O0 $9O0 $90O $25 $0 $0 $0 $0 Full Consultant Cost plus 15% administration fee Leve11:$450# Level2:$900# $450 $100 $9OO $1800 $450(Affordable Housing) $25 Level 1:$0'* Level 2: $100'* $2OO $50 Level 1: $100'** Level 2: $200*** Full Consultant Cost plus 15% administration fee Level 1: $100'*** Level 2: $200**** $0 $1800 $9O0 $200/Year Archaeological Search-for Environmental Review Public Hearing Continuations that require Re-noticing PenaltyNiolation (proceeding without permit) Zoning/Planning Research Specific Plan/Master Plan Review Address Change County Airport Land Use Commission Referral for Land Use Plan Consistency Determination Outdoor Sales/Display (Temporary) Building Permit Review Fee for Non-Discretionary Review Projects Cost - SSU $0 $0 $0 $900 (Planned Development) $0 $0 Cost- SSU $50 $1800 $450 (affordable housing) $100 $150 $150 (Level 1 Minor Use Permit) $0 $5O $250 (Minor Use Permit) Level 1: $50~:~ Level 2: $100~ Double the cost of the permit Document and Map Fees General Plan Zoning Ordinance Subdivision Ordinance Master Bike/Ped Plan Airport Master Plan Airport Good Neighbor Policy Document Landscaping Guidelines Design Guidelines Creek Plans General Plan Map (color) General Plan Map (B&W) Zoning Map (color) Zoning Map (B&VV) Misc Maps/Graphics/Reports Photo Copy (per page) $30.00 $20.OO $20.00 $20.00 $25.00 $15.00 $15.00 $15.00 $15.00 $25.00 $1o.oo $25.00 $1o.oo $oo.oo $0.20 $30.00 $20.00 $20.00 $20.00 $25.00 $15.00 $15.00 $15.00 $15.00 $30.00 $10.00 $30.00 $1o.oo $5.00-$30. $0.20 00 Notes: Level 1 Major Use and Site Development Permits are the current major permits such as construction on vacant land, large additions/expansion to existing buildings, and significant expansions of use that require new parking spaces, or that would result in substantial amounts of new traffic, noise, or other nuisances. Level 2 Major Use and Site Development Permits are defined as large commercial and industrial projects exceeding 20,000 square feet to be developed on vacant land, and non-affordable high density residential housing projects exceeding 20 units. Level 1 Pre-Application Review is a curtsey meeting of less than 30 minutes. Level 2 Pre-Application Review is a meeting exceeding 30 minutes in length and requiring research and preparation. Level 1 Environmental Review/Initial Study preparation involves small projects that are not exempt from the requirements of CEQA. Level 2 Environmental Review/Initial Study preparation involves large complex projects that require detailed and lengthy analysis. Level 1 Mitigation Monitoring involves the required monitoring of mitigations established in Level 1 Initial Studies. Level 2 Mitigation Monitoring involves the required monitoring of mitigations established in Level 2 Initial Studies. Level 1 Subdivision Exception Review involves 2 or less requested exceptions Level 2 Subdivision Exception Review involves more than 2 exception requests Level 1 Zoning/Planning Research means research taking 1 to 2 hours Level 2 Zoning/Planning Research means research taking more than 2 hours TABLE 3 COMPARISON OF CURRENT AND PROPOSED FEES 2001 PLANNING PERMITS January - December MIN MAJ MIN UP MAJ BLA MIN MAJ MIN MAJ REZ SDP SDP UP SUB SUB VAR VAR 2 15 4 8 6 5 2 1 TOTAL PERMITS: 43 $450 $6750 $900 $3600 $2700 $2250 0 $450 $450 0 2001 TOTAL REVENUE: $17,550 TOTAL REVENUE IF USING PROPOSED FEES' $31,800 900 13,800 1800 7,200 2700 4500 0 450 450 AGENDA SUMMARY REPORT Sc ITEM NO. DATE: MAY 1,2002 SUBJECT: PUBLIC HEARING TO CONSIDER CLOSE OUT OF COMMUNITY DEVELOPMENT BLOCK GRANT #99-STBG-1391, UKIAH COMMUNITY CENTER The Community Development Block Grant (CDBG) program provides federal funding through the State of California Housing and Community Development Department (HCD). The program requires several public hearings to be held throughout the grant process from initial notification of funding availability by the State to termination of a grant. The requirement is to ensure adequate information regarding a grantee's intent and activities is presented to the public. This public hearing is to consider the City's accomplishments relative to grant #99-STBG-1391, Ukiah Community Center, as part of the grant close out procedures. The City was awarded the grant of $352,000 in October 1999 to purchase the property and building which the Ukiah Community Center (UCC) was leasing and provide on site improvements as necessary. The grant included no administration funding as all of the proceeds were to be applied to the property. The benefit of purchasing the property was to reduce UCC's long-term operational costs with the savings being applied to the services and programs provided to the Iow and moderate income population. The purchase also provides stability to the organization by eliminating the uncertainty of potential location changes or landlord cost increases. The purchase was completed in May 2000 at a cost of $317,904. After deliberations with the State HCD representatives, it was determined that on-site improvements which were eligible for grant funding included repaving of the parking lot. The lot was in need of considerable rehabilitation to eliminate drainage problems, correct safety issues, address aesthetic concerns, and define the relationship of the Center's property with the adjacent commercial operation. With the cooperation of surrounding property owners and extensive assistance from the City Engineering Staff, the parking lot was regraded, new base laid, and repaved. The remaining grant funds, including a portion of the accrued interest, paid for the repaving through the base work phase, completed by the grant termination date of March 31. The grant has been a success with both the purchase and repaving, providing significant physical and fiscal improvements to the Ukiah Community Center. The targeted income group of Iow and moderate income persons will be well served with long-term certainties that the location will remain fixed, property costs are now controlled by the organization, and the site is upgraded. RECOMMENDED ACTION: 1. Conduct public hearing, receive public input, and determine the accomplishments of grant #99-STBG-1391, Ukiah Community Center, have been satisfactorily presented to the public. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Public notice published in the Ukiah Daily Journal Requested by: CDBG program , , ~ ,~-..~ Prepared by: Michael F. Harris, Risk Manager/Budget Officer Coordinated with: Candace Horsley, City Manager Attachments: None ~-~ APPROVED: .. _~-'_. '~ L r,~:as,cc02 Candace Horsley, Ci~ Manager 0501CDBG AGENDA ITEM NO: MEETING DATE: 9a May 1, 2002 SUMMARY REPORT SUB3ECT: CONSIDERATION OF BALLOT MEASURES FOR NOVEMBER 2002 ELECTION AND POSSIBLE ACTION REGARDING SPECIAL LEGISLATION FOR LOCAL SALES TAX AND ROOM OCCUPANCY TAX The City Council has discussed several possible ballot measures during recent months. Staff is bringing back information regarding two items, as requested by Council. 1. RoQm Occupancy Tax: Staff was directed to return to the Council with information from the November 2000 Transit Occupancy Tax (TOT) ballot measure and to report on the Chamber of Commerce Board discussion regarding a TOT measure. Attached for Council's review and discussion are the draft resolution, ballot arguments, and designation of funds list for the TOT ballot measure as adopted by the Council in August 2000. Additionally, I contacted the Chamber of Commerce on Tuesday, April 23, requesting that they call me regarding the Board discussion on the potential Room Occupancy Tax ballot measure after their April 24th Board meeting. I had received no word from the Chamber regarding their Board's discussion as of noon Friday. I understand that the Chamber is preparing a letter for the Council, and as soon we receive this, we will deliver it to the Council for your information. Staff has also included for Council's information a chart of Room Occupancy Tax in over 40 cities in California, which includes information on any special use of the funds, if they are designated to the General Fund, and if any of the funds are used for tourism. (Continued on page 2) RECOMMENDED ACTION: Discuss and provide direction on possible ballot measures regarding Room Occupancy Tax and a letter to Virginia Strom-Martin regarding being included on the special legislation for sales tax. Requested by: Prepared by: Attachment: City Council Candace Horsley, City Manager ~ 1. 2000 TOT ballot measure documents and TOT city chart 2. Minutes of Board of Supervisor April 16, 2002 meeting 3. Draft letter for Virginia Strom-Martin Approved' Candace Horsley, Cit~Manager 2. Mendocino Council of Governments (MCOG) Street Rehabilitation Throuoh Local Sales Tax Discussion: Last month, the City Council discussed the possibility of placing a sales tax measure on the November 2002 ballot for purposes of rehabilitation of local streets. Due to the MCOG survey results, the Council determined not to include this on the November ballot, but directed staff to proceed with pursuing information regarding a Transportation Authority within Mendocino County. In speaking with Phil Dow, Executive Director of MCOG, he indicated that MCOG will proceed with discussions of a possible transportation authority within IVlendocino County, but it is very unlikely that this will be completed in time for the November 2002 election. Individually, the cities of Willits, Fort Bragg, Point Arena and the County of Mendocino have all approved letters to Assemblymember Virginia Strom-Martin requesting her sponsorship of special legislation to allow the agencies to have an increase in state approved sales tax limits within their jurisdictions, as a possible ballot measure. Only the cities of Willits and Point Arena have taken action to place the road rehabilitation measure on the November 2002 ballot for approval from their constituents for a half-cent sales tax increase for funding of maintenance and repair of their cities' road systems. Attached for Council's information are the Mendocino County Board of Supervisors' minutes from the April 16, 2002 meeting, where they request of Virginia Strom-Martin that they be included in the special legislation to allow a sales tax measure. The Board has not as yet voted to actually place the measure on the ballot. This item is before the Council, as a decision must be made by May l, as to whether the Council would request that we be included, along with all the other cities and the County of Mendocino, on this special legislation sponsored by Virginia Strom-Martin. This would allow flexibility for the Council to consider placement, if not on this ballot measure, for future ballot measures, without having to return to the legislature requesting our own individual bill for the City of Ukiah. It is staff's understanding that the City of Fort Bragg is not intending to go forward on the 2002 ballot measure, but they have asked to be included in this legislation so that they will have that flexibility in future ballot years. Staff is requesting Council's approval to request that the City of Ukiah be included with the other Mendocino County jurisdictions in Strom-Martin's special legislation. 4:Can:ASRBallot.050:l.02 ITEM NO. 10a ~~'"*~'-" DATE: Auqust 16, 2000 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION APPROVING USE OF INCREASE OF TRANSIENT OCCUPANCY TAX At the August 2, 2000 City Council meeting, the Council approved placing the issue of modifying the Transient Occupancy Tax (TOT) from 8% to 10% within the City boundaries on the November ballot. Additionally, the Council directed staff to return at the next Council meeting with a resolution, which would designate these increased funds solely for the purposes of: , 2. 3. 4. Promotion of the City of Ukiah and its tourist industry Beautification of commercial areas in the City of Ukiah Support of homeless shelters The acquisition or development of parks and open space in the City of Ukiah The Council desires to adopt such a resolution to inform the community of how the increased funds would be spent to improve, beautify, and promote the Ukiah area, if the Ballot Measure is successful. RECOMMENDED ACTION: Adopt resolution designating use of increased TOT taxes, if approved by electorate at November election. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Make modifications to the draft resolution prior to adopting. 2. Determine adoption of resolution is not necessary at this time. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City Council Candace Horsley, City Manager N/A 1. Draft Resolution for adoption. APPROVED!_ ~ ]~,~_~~'~ _ Canda~e Hor~ley, City I~anager RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING ALLOWABLE USES OF HOTEL- MOTEL ROOM OCCUPANCY TAX REVENUES RESULTING FROM AN INCREASE IN THE TAX RATE FROM 8% TO 10%. WHEREAS, 1. The City of Ukiah in 1965 adopted Sections 1750-1763 (Chapter 8A of Division One) of the Ukiah City Code ("UCC"), establishing a hotel-motel room occupancy tax by an ordinance known as the Uniform Transient Occupancy Tax Ordinance; and 2. Said tax is a general excise tax imposed on each transient paying for the privilege of occupying any hotel or motel located within the City; and 3. The revenues produced by the Hotel-Motel Room Occupancy Tax are deposited into the City's general fund and used for general governmental purposes of the City; and 4. At least since1990, the rate of tax has been established by UCC Section · 1752 at 8% of the rent charged by a hotel or motel operator to stay in a room in the hotel or motel; and 5. The City Council has determined to present to the voters of the City at the Statewide General election scheduled for November 7, 2000, a measure which would increase the tax rate provided in UCC Section 1752 to 10% of the rent charged by a hotel or motel operator ("rate increase"), but would make no other changes to the Uniform Transient Occupancy Tax Ordinance; and 6. If the rate increase is approved by a majority vote of the voters in the November 7, 2000, election, the Hotel-Motel Room Occupancy Tax will remain a general excise tax in the City to be used for the general governmental purposes of the City; and 7. The City Council expects the revenues from the City's Hotel-Motel Room Occupancy Tax to increase in the coming years due to the increase in the number of hotels and motels within the City; and 8. The City Council also expects an increase in revenues deposited in the general fund resulting from the rate increase if it is approved by the voters; and 9. The City Council wants to inform the voters of the City and future City S:~U~Resos00~TOT.wpd August 9, 2000 1 Councils how it expects to spend the revenue increase to the City resulting from the rate increase; NOW, THEREFORE, BE IT RESOLVED as follows: 1. The City Council shall use increased revenues that may result from the tax increase exclusively for the following purposes: A. Promotion of the City of Ukiah and its tourist industry; B. Beautification of commercial areas in the City of Ukiah; C. Support of homeless shelters; and D. The acquisition or development of parks and open space in the City of Ukiah; 2. Prior to conducting public hearings on the annual budget, the Finance Director shall report to the City Council the total tax revenues attributable to the tax increase projected for the next fiscal year, commencing July 1. The projection shall be based on the actual revenues received from the tax increase in the previous fiscal year and reasonable assumptions about the potential change in such revenues for the upcoming fiscal year. A specific budget for the use of these revenues among the categories specified in Section 1 of this Resolution shall be prepared and approved each year as part of the City Council's approval of the annual budget for the City of Ukiah. 3. The City Council does not intend any portion of this resolution to change the Hotel-Motel Room Occupancy Tax from a general excise tax to a special tax or assessment. If a court of competent jurisdiction were to determine in a final, non- appealable judgment that this resolution or any portion thereof converts such tax or all or any portion of the revenues produced by such tax from a general tax to a special tax or assessment, then this resolution is and shall be to that extent null and void. PASSED AND ADOPTED this 16th day of August, 2000, by the following roll call vote: AYES: NOES: ABSENT: ATTEST: Jim Mastin, Mayor Marie Ulvila,. City Clerk S:~U~Resos00~TOT. wpd August 9, 2000 RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH PRESENTING BALLOT MEASURE MAKING THE CITY CLERK POSITION APPOINTIVE RATHER THAN ELECTIVE, THE OFFICE OF MAYOR APPOINTED FROM AMONG THE FIVE COUNCILMEMBERS RATHER THAN SEPARATELY ELECTED, THE MAYOR'S TERM FOUR YEARS RATHER THAN 'nNO, AND AMENDING UKIAH CITY CODE SECTION 1752 BY INCRESlNG THE HOTEL-MOTEL ROOM OCCUPANCY TAX FROM 8% TO 10% IN THE CITY OF UKIAH; TRANSMITTING MEASURES TO CITY ATTORNEY FOR IMPARTIAL ANALYSIS; AND AUTHORIZING ARGUMENTS AND REBUTTAL ARGUMENTS IN FAVOR OF MEASURES WHEREAS, 1. The City Council of the City of Ukiah adopted Resolution No. 2000-42 on May 3, 2000, setting the date for the General Municipal Election of the City of Ukiah to be held on the same day as the Statewide General Election of NOvember 7, 2000; and 2. The City Council has determined to present ~.~ propositions, as set forth below, at the General Municipal Election; NOW, THEREFORE, BE IT RESOLVED that: o The following ballot propositions shall be presented to the voters at the general election: MEASURE Shall the office of City Clerk be appointive rather than elective? / /Yes / /No MEASURE Shall the office of Mayor be appointed by the City Council from among five elected City Council members rather than elected? / /Yes / /No Resolution No. 2001- Page 1of 2 MEASURE If the office of elective Mayor is not eliminated, should the current two-year term of office be increased to a four-year term of office? / /Yes / /No MEASURE Amends Ukiah City Code Section 1752 by increasing the Hotel-Motel Room Occupancy Tax from 8% to 10% in the City of Ukiah? / /Yes / /No 2. The City Clerk shall transmit a copy of the ballot measures set forth in paragraph 1 to the City Attorney for the preparation of an impartial analysis as required by Elections Code [}9280. 3. The City Council shall file ballot arguments in favor of the ballot measures set forth in Paragraph 1. If any argument is submitted in opposition to the measures, the Mayor is hereby authorized to file a rebuttal argument on behalf of the City Council as authorized by Elections code Section 9285. PASSED AND ADOPTED this 2nd day August, 2000, by the following roll call vote. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jim Mastin, Mayor Marie Ulvila, City Clerk Resolution No. 2001- Page 2of 2 0 · BOARD OF SUPERVISORS MINUTES - APRIL 16, 2002 ~ ATTACHMENT~. ""- PAGE 233 2-2730 2-2856 10C~ Upon motion by' Supervisor Campbell, seconded by carried (3/2, with Supervisors Shoemaker and Lucier !RED that the Board of Supervisors approves the on Load Fee at County owned and operated directs to present such fee recommendations Hearing. Delbar, and .enting); IT IS of a Large facilities. Further, upcoming May Fee INFOI PRESENTATION MENDOCINO CAPITAL SERVICES Mr. Tim Garrison an Grounds Capital Construction which itemized construction budg various capital projects presentl~ lING THE STATUS OF IECTS - GENERAL · Buildings and / Project Tracking, ines associated with Mr. Garrison proceeded status of va~' larding the under In res i Project, and ' ~rovided additiOnal ~et Remodel ~cing ~'~~s associated the projects, Board ~mbers for the informational presentation· No a~tion taken. 2-35~1 ,~ 7~. COMMITTEE REPORTS/SUPERVISORS REPORTS xr~ b. Discussion and Possible Approval of the Transmittal of a Letter to Virginia Strom-Martin Requesting Mendocino County be Included in Special. Legislation to Allow a Sales Tax Measure to be Placed on the November 2002 Ballot in the Unincorporated Area of Mendocino County - Shoemaker I Campbell Mr. Andersen reported that staff is requesting Board consideration to transmit a letter to Virginia Strom-Martin requesting Mendocino County be included in special legislation to allow a sales tax measure to be placed on the November 2002 Ballot in the unincorporated areas of Mendocino County. The proposed' legislation would allow 'voters in the respective jurisdictions to determine if they wish to raise the local sales tax for programs that are determined to be significant. Mr. Andersen noted a typographical amendment to the proposed letter. [] BOARD OF SUPERVISORS MINUTES - APRIL 16, 2002 PAGE 234 3-315 10D. 3-500 Supervisor Deibar commented regarding the context of the proposed letter, noting that the County's intent was to seek funds for specific programs. Board members commented regarding recent related actions taken by the incorporated Cities. .Upon motion by Supervisor Campbell.. Shoemaker, and carried unan Supervisors authorizes the transmi Strom-Martin requesting Mend~ legislation to allow a sales tax 2002 ballot in the unincor emphasizing transportation as a Coi sign same. seconded by Supervisor ~RDERED that the Board of Is amended, to Virginia included in special on the November Mendocino County, · ' the Chair to D ,ND RESOU HUMAN RCES - Ms. Sue 2002, Boar for Human Service, discipline, the Further, the Be consolidating the Units, and the compl department. at the January 9, the following priorities Human Resources Customer Civil Service's role in County ~olicy manual and reclassification. of outstanding negotiations, g with the various Bargaining [P as high priorities of the Human Resources Referencing the staff rep, presente~,~o the Board, Ms. Campbell noted that staff was directed to Est, a~ lish a plan to a'ck?omplish the priorities identified by the Board. Staff is reqj &sti 3g that. the Boa¥~ consider the proposed plan and necessary resourceS', including a request fo"r,,,.an updated/dual fill of a Current Human Resources'Analyst to the Senior levei,~k~ upgrade of a current Human Resources Tec, l~ician to a Human Resources An~,st Trainee, and the addition of 0.5 or 1.0/¢'TE Human Resources Technician. "F~urther, the Department is requesting/¢'onsideration to continue to contract witE,,,.Cooperative Personnel Service~/te' perform County classification work. ~. Ms. Ca?npbeil reviewed the recommendations presented for Bo'ar,.d consideration, including the costs and timelines associated and criteria utilize(:h, in determining the staffing requests. [] BOARD OF SUPERVISORS MINUTES - APRIL 16, 2002 PAGE 236 Upon motion by Supervisor Campbell, seconded by Supervisor Lucier, and carried unanimoUsly; IT IS ORDERED that the Board of Supervisors approves the agreement with the California Coastal Commission to fund the Local Coastal Program Comprehensive Update (Phase II), authorizing the Chair to sign same. COMMITTEE REPORTS I SUPERVISORS REPORTS a. Discussion and Possible Action Regarding the Mendocino Council of Governments Sales Tax Initiative - Shoemaker Supervisor Shoemaker provided a brief ~pdate relative to Mendocino Council of Governments (MCOG) ...... .Initiative, including recent meetings with MCOG and County Counsel Klein referenced a regarding the issue, which-states th the incorporated and unincorporated verbal opinion received from Division of the Local Tax an( ~nted to the Board tax is levied in both unty according to a rd .of Equalization ~ay proceed 3-2500/3-3360 3-3088 A with discussi¢ the Upon Shoemaker, the processes associated ~asure on the ballot, MCOG assocr, ~d actions being considered by and related matters. ~ervisor Campbell, seconded by Supervisor unanimously; IT IS ORDERED that the Board of Supervisors di staff to provide the necessary information in preparation for the placement of a sales tax measure on the November 2002 ballot to be used towards transportation programs for the unincorporated areas of the county. Discussion on Motion: Supervisor Delbar expressed concern regarding specifying the areas addressed in the motion, specifically with unincorporated vs. county-wide. Counsel Klein provided clarification regarding the Revenue and Taxation Code mandates related to the issue. Mr. Dennis Huey, Auditor-Controller, provided clarifications regarding the percentage of sales taxes collected in the County from the unincorporated areas. Mr. Huey further clarified like figures associated with the incorporated areas of the County. · BOARD OF SUPERVISORS MINUTES - APRIL 1 6, 2002 PAGE 237 3-3386 3-3410 C~ Upon motion by Supervisor Campbell, seconded by Supervisor Lucier, and carried unanimously; IT IS ORDERED that the Board of Supervisors directs staff to analyze the costs and processes associated with the placement of a sales tax measure on the November 2002 ballot to be used towards transportation programs county-wide. Discussion and Possible Action Regarding the Approval of a Letter of Support I Response to the C~!ifornia Integrated Waste Management Board's Request for Bragg Dump (Glass Beach) Cleal Supervisor Campbell-reported correspondence from the California' requesting response related to the Dump site, and its ability to assist through in-kind services. Related to the Fort - Campbell has received Management Board to the Fort Bragg financially and 3-3500 Staff' esting to avail ii or Upon and ca approves California related to the by response request for ~) cleanup and ht to determine' the to the project. ded by Supervisor Lucier, RDERED that the Board of Supervisors Letter of Support in response to the Management Board's request for information Dump (Glass Beach) cleanup and remediation, authorizing the to sign same. Further, authorizes staff to determine. availability of in-kind services/support to the project. 4-1 CHAIRMAN COLFAX PASSED THE GAVEL TO ViCE-CHAIR LUClER. ViCE-CHAIR '~'~PRESIDING. ' $. CONSEN. T C.ALE, N,.DAR - CONTI, UED (14) Adoption ~ Resolution Acknowledging R~ceipt of Bids and Authorization'to.` Take Action as~,ate' Department of Tra~ct No~,~0-1611~, 2{~(~2 ~:i~ip Seal Program on Various County M~la~a1'n~d Road's-in-~ndocino County- Transportation~ ~ ....... Mr. Calve~or~vided a brief ove~n~ew of the item, providing clarification re.gar..~l~., the_2002 Chip Seal Progra~n~.a~d- t~;"~nethods utilized in the prio . May 1, 2002 DRAFT Honorable Virginia Strom-Martin Assembly Member, District One State Capitol Room 3146 Sacramento, California 95814 Re: Special Legislation for Local Sales Tax Measure Dear Assembly Member Strom-Martin: The Ukiah City Council requests your assistance in sponsoring special legislation which would provide the authority for the City of Ukiah to seek voter approval for a sales tax measure to fund local transportation and street improvements. The City has been participating with all other agencies in Mendocino County, through the Mendocino Council of Governments, regarding a possible county-wide ballot measure. The Ukiah City Council does not have any immediate plans to consider a local sales tax ballot measure for the November 2002 election. Our interest at this time is simply to ensure the legislative authority to do so if necessary, after it is determined whether a county-wide measure will be pursued for any future ballot measure. We request that the special legislation remain effective for the maximum time allowed by law. Thank you for your support and assistance in including the City of Ukiah with the other jurisdictions in Mendocino County to secure this special legislation. ~If you desire additional information, please contact City Manager, Candace Horsley at 707-463-6210. Respectfully, Dr. Phillip Ashiku Mayor Cc'. City Council City Manager Phil Dow, Mendocino Council of Governments AGENDA ITEM NO: ~oa DATE: May 1,2002 SUMMARY REPORT SUBJECT: REPORT TO COUNCIL CONCERNING THE EXECUTION OF A CONSULTANT CONTRACT IN THE AMOUNT OF $9,950 TO ALTA TRANSPORTATION CONSULTING TO PREPARE GRANT APPLICATIONS FOR IMPLEMENTING THE MASTER BICYCLE AND PEDESTRIAN PLAN SUMMARY: In March 2001, the City Council authorized staff to spend a portion of the Kmart Air Quality Mitigation Fund to hire a consultant to prepare grant applications for implementing the Master Bicycle and Pedestrian Plan. During the budget hearings in 2001, the Council authorized an additional $10,000 towards the project. At this time, the Kmart funds have been used, and we are ready to enter into a new contract to use the 2001-2002 budgeted funds. The purpose of this Agenda item is to provide a report to the City Council, pursuant to the requirements of the Ukiah Municipal Code, concerning the execution of a contract between $5,000 and $10,000. The $9,950.00 contract was awarded to Alta Transportation Consultants, who have been working with us to secure grants, and who authored the Implementation and Financing chapter in the Bicycle and Pedestrian Plan. To date, Alta Transportation has completed a grant application requesting approximately $105,000 for bicycle lanes and associated improvements along East Gobbi Street. Unfortunately that application was not successful due to an initial reluctance by the Mendocino County Council of Governments (MCOG) to support the application. The eventual letter of support from the MCOG was late, which reduced the competiveness of the application. (continued on page 2) RECOMMENDED ACTION: Receive Report. ALTERNATIVE COUNCIL POLICY OPTION: N/A Citizen Advised: Jennifer Puser - Walk and Roll Bicycle/Pedestrian Group Requested by: Planning and Community Development Department Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager Attachments: 1. Contract with Alta Transportation Consultants 2. Memorandum from Alta Transportation Consulting, dated April 1, 2002 A P P ROVE D :~,---~r~./~' ' _~_~ Candace Horsley, City ~anager The consultants also prepared a Ukiah North West Pacific Rail Trail Feasibility Study in anticipation of pursuing grant money for this high priority project. The Master Bicycle and Pedestrian Plan lists this project as the number one priority for improving bicycle and pedestrian circulation in the City. That Study is undergoing review and will be presented to the Planning Commission and City Council early this summer. Alta Transportation Consulting is ready to prepare and submit a grant application during the month of May to CalTrans for Bicycle Transportation Account (BTA) funds. This application will be for the same East Gobbi Street bicycle lane improvements as the previous application, which will provide an important segment in the Gobbi Street bicycle corridor from Yokayo School to Oak Manor School and Riverside Park. They are also investigating the Safe Routes to School grant program for possible funding of other high priority bicycle lane/pedestrian improvements. The consultants are also searching for funding sources to implement the Rail Trail Plan if it is approved by the City Council, and firm cooperation can be obtained form the North Coast Railroad Authority (NCRA) for use of the railroad right-of-way. RECOMMENDATION: Receive Report. ,~,TTACHMENT_L~. AGREEMENT FOR PROFESSIONAL SERVICES PREPARATION AND SUBMITTAL OF GRANTS APPICATIONS FOR IMPLEMENTATION OF THE BICYCLE AND PEDESTRIAN MASTER PLAN This agreement shall be considered a contract, and is entered into this__ day of __, 2002 (effective date), by and between the CITY OF UKIAH, a general law municipal corporation, hereinafter referred to as "CITY" and Alta Transportation, Consulting, a professional corporation, hereinafter referred to as the "CONSULTANT." PREMISES The purpose of this agreement is the preparation and completion by CONSULTANT of grant applications for implementing the Ukiah Bicycle and Pedestrian Master Plan. The scope of work is more particularly described in the Exhibit "A", attached to this agreement. CITY may retain independent contractor to perform special services for CITY or any department thereof. CONSULTANT is willing and able to perform duties and render services in preparation and completion of such grant applications. This work has been determined by the City Council to be necessary for the welfare of residents of the CITY. CITY believes the provision of these services to the residents is in their best interests, and CONSULTANT agrees to perform such duties and render such services as outlined below: AGREEMENT CITY and CONSULTANT agree as follows: ARTICLE 1 SERVICES OF CONSULTANT 1.01 CONSULTANT shall provide those technical, expert, and professional grant writing services as described in Exhibit "A," which consists of the scope of work, dated February 4, 2002, which is attached hereto as Exhibit "A" and incorporated herein. CONSULTANT shall provide such services within the time limits described below. 1.02 The absence, omission, or failure to include in this agreement items which are considered to be a part of normal procedure for a study of this type or which involve professional judgement, shall not be used as a basis for submission of inadequate work or incomplete performance. 1.03 CITY relies upon the professional ability and stated experience of CONSULTANT as a material inducement to entering into this agreement. CONSULTANT understands the use to which the CITY will put his work product and hereby warrants that all information contained in the grant applications shall be made and prepared in accordance with generally accepted professional practices. 1.04 CONSULTANT shall furnish the CITY with a copy of each fully completed grant application, and shall bear the expense of all printing and reproduction costs. 1.05 CONSULTANT shall deliver copies of all completed grant applications to the CITY. CITY will be responsible for preparing the final package and submitting them for consideration to the identified funding sources. 1.06 CONSULTANT shall be responsible for completing a minimum of three grant applications consistent with the Scope of Work included as Exhibit "A." 1.07 CONSULTANT shall be responsible for attendance at a minimum of two (2) public meetings as determined and required by CITY. 1.08 CONSULTANT shall perform any additional services as may be required due to significant changes in general scope of the project. Such additional services shall be paid for by supplemental agreement and shall conform to the rates of payment specified in Article V below. ARTICLE II SERVICES OF CITY 2.01 CITY shall provide any information as to its requirements for performance of the agreement not already contained in Exhibit "A." 2.02 Upon request, CITY shall provide CONSULTANT any information in its possession or reasonably available to it that consultant may need to perform services under this agreement. ARTICLE III TERM OF AGREEMENT 3.01 The term of this agreement shall commence on the effective date and shall terminate when consultant has satisfactorily completed the scope of work as described in Exhibit "A". This agreement may be extended on its same terms and conditions upon written agreement between the Planning Director and CONSULTANT. 3.02 The execution of this agreement by the CITY shall constitute the CONSULTANT'S authority to proceed immediately with the performance of the work described by Exhibit "A." 3.03 All work by CONSULTANT shall be completed pursuant to exhibit "A" and paragraph 1.05 above in a reasonable timeframe according to grant application deadlines. CONSULTANT shall not be held responsible for delays caused by circumstances beyond its control. 3.04 CONSULTANT acknowledges that timely performance of services is an important element of this agreement and will perform services in a timely manner as provided in paragraph 1.05 above and consistent with sound professional practices. 3.05 If CITY requests significant modifications or changes in the scope of this project the time of performance shall be adjusted appropriately. The number of days of said extension shall be the final decision of CITY. ARTICLE IV COST OF SERVICES 4.01 CONSULTANT has been selected by the CITY to provide services described in Exhibit "A," attached hereto and incorporated herein by reference, for which compensation shall not exceed nine thousand nine hundred and fifty dollars ($9,950.00) on a time and materials basis. 4.02 Cost overruns or failure to perform within the maximum compensation ceiling established in 4.01 above shall not relieve CONSULTANT of responsibility to provide those services specified in Exhibit "A", for a total compensation including reimbursable expenses not to exceed $9,950. 5.01 5.02 5.03 5.04 5.05 6.01 6.02 ARTICLE V PAYMENT FOR SERVICES CITY shall pay CONSULTANT for work required for satisfactory completion of this agreement in amount to be determined in accordance with the method described in paragraph 5.02 below. Payment scheduling: Total payment not to exceed $9,950.00. Fees for professional services as outlined herein shall be paid on a time and materials basis. A detailed explanation of services and associated fees shall be listed on each invoice submitted by CONSULTANT. Payments to CONSULTANT shall be based on an itemized invoice submitted by CONSULTANT not more frequently than monthly. Payments will be made by CITY within thirty (30) days of receipt of invoice from CONSULTANT. If CITY substantially alters the scope of work to include additional analyses, the total payment and cost of services may be changed by amending the agreement. ARTICLE VI PROJECT INSPECTION AND ACCOUNTING RECORDS Duly authorized representatives of the CITY shall have right of access to the CONSULTANT'S files and records relating to the project included in the agreement and may review the work at appropriate stages during performance of the work. CONSULTANT must maintain accounting records and other evidence pertaining to costs incurred, which records and documents shall be kept available at the CONSULTANT'S California office during the contract period and thereafter for three (3) years from the date of final payment. 7.01 7.02 8.01 8.02 8.03 ARTICLE VII DISPOSITION OF FINAL REPORTS All grant documents and associated materials and backup data as required by this agreement shall be and shall remain the sole property of CITY. CONSULTANT'S attention is directed to the required notice under Government Code Section 7550, which states in part that "any documents or written reports prepared as a requirement of this contract shall contain, in a separate section preceding the main body of the document, the number and dollar amounts of all contracts and subcontracts relating to the preparation of those documents or reports if the total cost for work by non- employees of the public agency exceeds $5,000.00." ARTICLE VIII TERMINATION OF AGREEMENT At any time CITY may suspend indefinitely or abandon the project, or any part thereof, and may require CONSULTANT to suspend the performance of the service. In the event the CITY abandons or suspends the project, CONSULTANT shall receive compensation for services rendered to date of abandonment and suspension in accordance with the provisions of Sections 5.01, 5.02, and 5.03 herein. It is understood and agreed that should CITY determine that any part of the work involved in the program is to be suspended indefinitely, abandoned, or canceled, said agreement shall be amended accordingly. Such abandonment or cancellation of a portion of the program shall in no way void or invalidate this agreement as it applies to any remaining portion of the project. If, in the opinion of the CITY, the CONSULTANT fails to perform or provide prompt, efficient, and thorough service, or if CONSULTANT fails to complete the work within the time limits provided, CITY shall have the right to give notice in writing to CONSULTANT of its intention to terminate this agreement. The notice shall be delivered to CONSULTANT at least seven (7) days prior to the date of termination specified in the notice. Upon such termination, CITY shall have the right to take CONSULTANT'S studies and reports insofar as they are complete and acceptable to CITY, and pay CONSULTANT for his performance rendered, in accordance with Sections 5.01, 5.02, and 5.03 herein, prior to the delivery of the notice of intent to terminate, less the amount of damages, general or consequential, which CITY may sustain as a result of CONSULTANT'S failure to satisfactorily perform his obligations under this agreement. ARTICLE IX RESPONSIBILITY FOR CLAIMS AND LIABILITIES 9.01 HOLD HARMLESS: The CONSULTANT shall indemnify and hold harmless the CITY, its agents, officers, and employees against and from any and all claims, lawsuits, actions, liability, damages, losses, expenses, and costs (including but not limited to attorney's fees), brought for, or on account of, injuries to or death of any person or persons including employees of the CONSULTANT, or injuries to or destruction of property, arising out of, or resulting from, the performance of the work described herein, provided that any such claim, lawsuit, action, liability, damage, loss, expense, or cost is caused in whole or in part by any negligent or intentional wrongful act or omission of the CONSULTANT, any subcontractor, anyone directly or indirectly employed by any of them, or any for whose acts any of them may be liable. CONSULTANT shall have no duty to indemnify or defend CITY under this paragraph if the damage or injury is caused by the active and sole negligence or willfully wrongful act or omission of CITY or its officers or employees. CITY agrees to timely notify CONSULTANT of any such claim and to cooperate with CONSULTANT to allow CONSULTANT to defend such a claim. ARTICLE X INSURANCE 10.01 CONSULTANT, at its expense, shall secure and maintain at all times during the entire period of performance of this agreement, insurance as set forth in Exhibit "B", attached hereto, and incorporated herein by reference. ARTICLE Xl GENERAL COMPLIANCE WITH LAWS 11.01 It is understood and agreed that the CONSULTANT will comply with all federal, state and local laws and ordinances as may be applicable to the performance of work under this agreement. 12.01 12.02 13.01 14.01 ARTICLE Xlll NONDISCRIMINATION CONSULTANT certifies that it is in compliance with the Equal Employment Opportunity Requirement of Executive Order 11246, as amended by Executive Order 11375, Title VII of the Civil Rights Act of 1964, the California Fair Employment Practices Act, and any other Federal or State laws pertaining to equal employment opportunity and that it will not discriminate against any employee or applicant for employment on the basis of race, color, religion, handicap, age sex, national origin, or ancestry, in matters pertaining to recruitment, hiring, training, upgrading, transfer, compensation, or termination. In the event of the CONSULTANT'S noncompliance with the nondiscrimination provisions of this agreement, the CITY shall impose such contact sanctions as it may determine to be appropriate including, but not limited to: al Withholding of payments to the CONSULTANT under the agreement until the CONSULTANT complies, and/or b. Cancellation, termination, or suspension of the Agreement in whole or in part. ARTICLE XlV INDEPENDENT CONSULTANT The CONSULTANT, in accordance with its status as an independent contractor, covenants and agrees that it will conduct itself consistent with such status, that it will neither hold itself out as nor claim to be an officer or employee of the CITY by reason hereof, and that it will not by reason hereof, make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the CITY including, but not limited to, worker's compensation coverage, unemployment benefits, and retirement membership or credit. ARTICLE XV SUCCESSOR AND ASSIGNMENTS The CITY and the CONSULTANT each binds itself, its partners, successors, and executors, administrators, and assigns to the other party to this agreement, and to the partners, successors, executors, administrators, and assigns to such party in respect to all covenants of this agreement. 14.02 14.03 15.01 15.02 16.01 17.01 Except as stated above, neither the CITY nor the CONSULTANT shall assign, sublet, or transfer his interest in this agreement without the written consent of the other, however, the CONSULTANT reserves the right to assign the proceeds due under this agreement to any bank or person. In the case of death of one or more members of the firm of the CONSULTANT, the surviving member or members shall complete the professional services covered by this agreement. ARTICLE XVl EXTENT OF AGREEMENT This agreement shall consist of this agreement, the Scope of Work, dated February 4, 2002, identified as Exhibit "A", as attached hereto and incorporated herein, and the insurance requirements set forth in the attached Exhibit "B." This agreement constitutes the whole agreement between the CITY and CONSULTANT and any other representations or agreements are superseded by the terms of this agreement. ARTICLE XVll PARAGRAPH HEADINGS The paragraph headings contained herein are for convenience and reference only and are not intended to define or limit the scope of this contract. ARTICLE XVlll NOTICE Whenever a notice to a party is required by this agreement, it shall be deemed given when deposited with proper address and postage in the U.S. mail or when personally delivered as follows: CITY: City of Ukiah Civic Center 300 Seminary Drive Ukiah, California 95482 ATTN: Charley Stump, Director Planning and Community Development CONSULTANT/ CONTRACTOR: Michael Jones, Principal Alta California Transportation Consulting 707 C Street San Rafael, California 94901 ARTICLE XlX DUPLICATE ORIGINALS 18.01 This agreement may be executed in one or more duplicate originals bearing the original signature of both parties and when so executed and such duplicate original shall be admissible as proof of the existence and terms of the agreement between the parties. ARTICLE XX FORUM SELECTION 19.01 CONSULTANT and CITY stipulate and agree that any litigation relating to the enforcement or interpretation of the agreement, arising out of CONSULTANT's performance or relating in any way to the work shall be brought in Mendocino County and that venue will lie in Mendocino County. CONSULTANT hereby waives any right it might otherwise have to seek a change of venue based on its status as an out of county corporation, or on any other basis. IN WITNESS WHEREOF, the parties hereto have caused their duly authorized officers to execute this agreement in duplicate the day and year first above written. CITY OF UKIAH Candace Horsley, City Manager Date CONSULTANT/CONTRACTOR Michael Jones, Principal Alta California Transportation Consulting APPROVED AS TO FORM: IRS IDN Number Date David Rapport, City Attorney Date It; EXHIBIT A 707 C Street San Rafael, CA 94901 (415) 482-8660 (415) 482-8603 fax February 4, 2002 Mr. Charley Stump City of Ukiah Planning Department 300 Seminary Avenue Ukiah, CA 95482 Re: Proposal for Services Dear Mr. Stump: Alta Transportation Consulting, Inc. is pleased to submit this proposal to provide grant writing services to the City of Ukiah to help implement the 2001 Bicycle and Pedestrian Master Plan. Our objective is to develop up to five (5) grant applications for bicycle and pedestrian projects that the City would like to acquire competitive state and federal funding for, which as you know can be time consuming. Given that state and federal grants are typically available through statewide competition, it is important that well developed applications which include maps, cost estimates, construction schedules, narratives on project need and purpose, and letters of support among other items be submitted to increase the likely hood of success. Alta has extensive experience developing applications and has helped clients to receive over $30 million dollars from competitive funding sources. We also understand the desire to obtain funding for several specific projects that we discussed at our meeting, including linkages to parks and schools. We believe these projects will score very well with the Safe Routes to School State grant program. We look forward to the opportunity to complete this assignment in a timely manner, and to assist the City in its endeavor to acquire competitive state and/or federal funding to implement the projects in 2001 Bicycle and Pedestrian Master Plan. We propose to complete these tasks on a time and materials basis not to exceed $9,950. Please do not hesitate to call me at (415) 482-8660 should you have any questions or comments regarding this proposal. Sincerely, Alta Transportation Consulting, Inc. EXHIBIT B INSURANCE REQUIREMENTS CONSULTANT 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 he performance of the work hereunder by the CONSULTANT, his agents, representatives, employees or subcontractors. A. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: . Insurance Services Office form number GL 0002 (Ed. 1/73) 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. Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. . Worker's Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance, if CONSULTANT has employees who will directly or indirectly provide service or support CONSULTANT in his provision of services under the Agreement. B. MINIMUM LIMITS OF INSURANCE CONSULTANT shall maintain limits no less than: . General Liability: $1,0000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. . Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. . 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 of Ukiah. At the option of the City of Ukiah, either the insured shall reduce or eliminate such deductibles or self-insured retentions as respects the City of Ukiah, its officer, officials, employees and volunteers; or the CONSULTANT 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: 1. General Liability and Automobile Liability Coverages a. The City of Ukiah, its officers, officials, employees and volunteers are to be covered as insured's as respects; liability arising out of activities performed by or on behalf of the CONSULTANT, products and completed operations of the CONSULTANT, premises owned, occupied or used by the CONSULTANT, or automobiles owned, leased, hired or borrowed by the CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. b. The CONSULTANT'S insurance coverage shall be primary insurance as respects the City of Ukiah, its officers, officials, employees and volunteers. Any insurance of officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Ukiah, its officers, officials, employees or volunteers shall be excess of the CONSULTANT'S insurance and shall not contribute with it. C, Any failure to comply with reporting provision so the policies shall not affect coverage provided to the City of Ukiah, its officers, officials, employees or volunteers. d. The CONSULTANT'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Worker Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City of Ukiah, its officers, officials, employees and volunteers for losses arising from work performed by the CONSULTANT for the City of Ukiah. 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 of Ukiah. E. ACCEPTABILITY OF INSURERS Fi G,, Insurance is to be placed with insurers with a Best's rating of no less than A:VII. VERIFICATION OF COVERAGE CONSULTANT shall furnish the City of Ukiah 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 of Ukiah. Where by statute, the City of Ukiah's Worker's Compensation related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted. All certificates and endorsements are to be received and approved by the City of Ukiah before work commences. The City of Ukiah reserves the right to require complete, certified copies of all required insurance policies, at any time. SUBCONTRACTS CONSULTANT 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. AUfAGHMEN'[.~_.~ alta PLANNING + DESIGN 707 C Street San Rafael, CA 94901 (415) 482-8660 (415) 482-8603 www.altaplanning.com MEMORANDUM Date: April 1, 2002 To: Charley Stump From: Alta Planning + Design Joshua S. Abrams Re: Bicycle Transportation Account Call for Projects The purpose of this memo is to announce the 2002/03 and 2003/04 Bicycle Transportation Account (BTA) schedules, and provide you with the program requirements to assist in your decision of whether or not to pursue BTA funds. Program Deadlines Caltrans Bicycle Facilities Unit (BFU) has placed a call for projects for two cycles in 2003. Applications for 2002/03 BTA funds are due to your local Caltrans District Office by June 1, 2002. Bicycle Transportation Plans (BTP) are due to the BFU by July 1, 2002. For 2003/2004 and future BTA cycles, the BFU has initiated a revised schedule in order to improve coordination between the selection of BTA projects and appropriation of BTA funds in the State budget. Under the revised schedule, applications for 2003/04 BTA funds are due to your local Caltrans District Office by December 1, 2002. BTPs for 2003/2004 are due to the BFU by December 31, 2002. Future BTA cycles will utilize the December 31 deadline. Program Amounts The 2002/03 and 2003/04 cycles will each provide $7.2 million dollars. According to Section 893.6, no agency may receive more than 25 percent of the total funds transferred into the BTA in a single fiscal year. For fiscal years 2002/03 and 2003/04, the maximum amount an applicant may receive is $1.8 million. BTA funds may be used to pay a maximum of 90 percent of the cost of an eligible project. Local agencies must provide 10 percent of the project cost from sources other than the BTA. An accompanying council resolution certifying the funds are available is required. Eligibility Requirements Jurisdictions gain eligibility to the funds with their adopted current BTP, which must be prepared in accordance with the Streets and Highways Code Section 891.2 and be approved by the county transportation commission or transportation planning agency and the BFU. Local agencies applying for 2002/03 BTA funds must have a BTP adopted July 1, 1998 or later. Local agencies applying for 2003/04 BTA funds must have a BTP adopted July 1, 1999 or later. (Adoption dates may be subject to exception by the BFU). According to Section 893, the department shall disburse the money from the Bicycle Transportation Account pursuant to Section 891.4; to cities and counties for projects that improve the safety and convenience of bicycle commuters, including, but not limited to, any of the following: (a) New bikeways serving major transportation corridors. (b) New bikeways removing travel barriers to potential bicycle commuters. (c) Secure bicycle parking at employment centers, park-and-ride lots, rail and transit terminals, and ferry docks and landings. (d) Bicycle-carrying facilities on public transit vehicles. (e) Installation of traffic control devices to improve the safety and efficiency of bicycle travel. (f) Elimination of hazardous conditions on existing bikeways. (g) Planning. (h) Improvement and maintenance of bikeways. The Local Assistance Program Guidelines, Chapter 21 Bicycle Transportation Account 21 is also available on the Local Assistance Program web site at http://www.dot.ca.gov/hq/LocalPrograms/. Developing Competitive Applications BTA funds are available through a statewide competition. The application process can be lengthily. Applications must include project location descriptions and an estimate of project costs including preliminary and construction engineering, right-of-way, and construction. The estimate should include only those items for which the local agency intends to claim reimbursement. Agencies should submit applications only for those projects with clear right-of- way, environmental clearance, and cooperative agreements with other groups such as railroads, utility districts, flood control districts, coastal commissions, etc., completed prior to award of contract. State law requires projects to conform to the minimum design standards for bikeways in Chapter 1000 of the Highway Design Manual. We Can Help Alta is pleased to have had the opportunity to assist our California clients in obtaining over 10 million dollars from competitive funding sources over the past few years. We are available to assist you in both project development and application completion. We estimate it typically requires around thirty hours of staff time to complete an application, a formidable obstacle to the submission of grant applications. Feel free to contacts us if you think we can help you, even if it's only in the form of over the shoulder advice. ITEM NO. DATE: AGENDA SUMMARY REPORT lOb May 1, 2002 SUBJECT: RECEIPT OF INVESTMENT OVERSIGHT COMMITTEE RECOMMENDATION AND AWARD OF CONTRACT FOR CITY BANKING SERVICES BACKGROUND: The City Council directed the Investment Oversight Committee to review proposals for banking services and to submit a recommendation to the City Council. Staff issued a Request for Proposals (RFP) for banking services on January 7, 2002. The City Clerk advertised the request in the Ukiah Daily Journal and copies of the RFP were mailed to banks with facilities within the City of Ukiah (Westamerica Bank, National Bank of the Redwoods, Savings Bank of Mendocino County, Bank of America, Wells Fargo Bank, Humboldt Bank and Washington Mutual Bank). Union Bank of California contacted the City and requested a copy of the RFP. Representatives from six banking institutions attended the Pre-proposal Conference on January 28. On February 25, the City Clerk received four proposals for banking services. Continued on page 2 RECOMMENDED ACTION: Receive Investment Oversight Committee recommendation and award the contract for banking services for the City of Ukiah to Union Bank of California and Humboldt Bank. ALTERNATE COMMITTEE OPTIONS: 1. Award the contract for banking services to another financial institution. 2. Make no changes to the current banking relationship. Requested by: City Council Prepared by: Candace Horsley, City Manager and Gordon Elton, Finance Director Coordinated with: Investment Oversight Committee Attachments: #1 Excerpts From the Banking Services RFP: Section III - Scope of Services; Section IV - Information Requested; Section V - Evaluation and Award Criteria #2 Questions the Banks were asked to address during their presentation to the IOC, as answered by Wells Fargo, Union Bank/Humboldt Bank, and Savings Bank of Mendocino County #3 Letter to Savings Bank requesting information #4 Savings Bank response to information request #5 Union Bank email clarifying information Candace Horsley, City -Manager Page 1 of 4 Banking Services Report - continued STAFF REVIEW: After receipt of the proposals, the Finance Director, Accounting Manager, Customer Service Supervisor and Information Technology Manager reviewed all or parts of the proposals. A spreadsheet was developed to analyze the costs and fees proposed by each institution. Also, a list of questions was developed addressing areas where staff felt the information from one or more of the institutions was incomplete. These questions were distributed to the institutions with a request to include answers in their presentations to the Committee. Staff prepared a copy of the cost analysis and the list of questions for the Investment Oversight Committee's (IOC) review. Costs for the City's banking services were calculated as follows: Union Bank Banking Savings of Wells Westamerica Service Bank of California/ Fargo Bank Mendocino Humboldt Bank Costs County Bank Banking fees 1,167.08 782.02 1,358.08 1,504.75 Credit card fees 1,332.10 1,280.74 1,177.15 1,531.29 Subtotal Cost 2,499.18 2,062.76 2,535.23 3,036.04 Earnings Credit* 2,134.35 2,472.72 ** 2,472.72 2,017.22 Net Cost to City 364.83 -0- 62.51 1,018.82 * Earnings Credit varies with various government indexes ** Revised proposal Union Bank Most of the costs identified as banking fees are controllable by the bank. Some of these fees are pass-through in nature and may change if third parties, such as the Automated Clearing House (ACH) change their fees. The costs for processing credit cards is subject to fluctuation, depending on costs that are imposed by the Visa and MasterCard systems, as well as the credit card volume and average charge amount processed by the City. Union Bank of California/ Humboldt Bank ranks first as the lowest cost proposal for Banking Fees, second for the estimated costs for credit card processing, tied for first for earnings credit, and first for combined net cost. Savings Bank of Mendocino County ranked second for Banking Fees, third for the estimated costs for credit card processing, third for earnings credit, and third for combined net cost. Wells Fargo Bank ranked third for Banking Fees, first for the estimated costs for credit card processing, tied for first for earnings credit, and second for combined net cost. Westamerica Bank ranked fourth for Banking Fees, fourth for the estimated costs for credit card processing, fourth for earnings credit, and fourth for combined net cost. GE :Banking Services Proposal. agn Page 2 of 4 Banking Services Report - continued Copies of the proposals, questions list and bank responses are available in the Finance Director's office for City Council review. The IOC is comprised of the Mayor (or alternate - Council member Smith), City Treasurer Alan Carter, Public member Monte Hill, City Manager and Director of Finance. BANKING RELATIONSHIP: Five operational areas of the Finance Department and two operational areas in Public Safety are interacting with the bank on a recurring basis. Billing and Collection prepares the deposits, collects the returned checks, processes credit card payments, processes the automatic debit payments (EasyPay Plan) and purchases change on a regular basis. Payroll transmits the direct deposit of employees' payroll and electronically pays federal and state income taxes withheld from payroll every two weeks. The Accounting Manager records the electronic payments the City receives and, utilizing the check reconciliation received from the bank, completes the reconciliation of the bank statement with the City's accounting records each month. The Finance Director downloads the daily banking transactions and monitors the daily bank balance, comparing it to the balance per the accounting records, to assure sufficient funds are available to pay outstanding checks. Information Technology ensures the electronic communication with the bank is functioning. This includes Automated Clearing House (ACH) transactions for direct deposit of employees' payroll and automatic payment of utility bills (EasyPay Plan). External to the Finance Department, the Parking Enforcement staff collects the coins from the parking meters and delivers them to the bank on a weekly basis, picks up returned checks from the bank and delivers change to the Billing and Collection Department. The Police Department transports the daily deposit to the bank. INVESTMENT OVERSIGHT COMMITTEE (IOC): The Committee met on March 21 and, following an overview by staff, listened to presentations from the four respondents to the RFP: Savings Bank of Mendocino County, Westamerica Bank, Union Bank of California/Humboldt Bank and Wells Fargo Bank. Discussion of the presentations resulted in a request for additional information from Savings Bank of Mendocino County and Union Bank of California/Humboldt Bank. Staff was directed to obtain the information and schedule a second IOC meeting. The two banks were contacted and they submitted the additional information requested. Savings Bank identified various services, which are currently not offered, that are anticipated to be available in the next fiscal year. In many areas the proposals were very similar. In a few areas significant differences appeared. Three proposals offered check reconciliation services, one proposal did not. Two proposals offered "Positive Pay" services, a method for clearing only those checks the GE :Banking Services Proposal. agn Page 3 of 4 Banking Services Report - continued City has identified as issued, two proposals did not. Three proposals offered ACH services (direct deposit of payroll) after 5:00 p.m., one proposal did not. Two proposals offered Internet based access to banking services and information, two proposals did not. Three banks offered all their services through the one banking institution. Two banks combined in a joint proposal to offer a complete range of banking services. The second IOC meeting was held on April 16. After reviewing the additional information requested, the IOC determined that Wells Fargo Bank and Union Bank of California/Humboldt Bank offered not only the widest range of services, but also the most flexibility with core services. The IOC voted to recommend the City Council accept the combined proposal submitted by Union Bank of California and Humboldt Bank, and contract for banking services with Union Bank of California and Humboldt Bank. GE :Banking Services Proposal. agn Page 4 of 4 City of Ukiah Banking Services RFP (continued) III. SCOPE OF SERVICES 3.1. Establish demand deposit accounts as may be necessary to meet the banking requirements of the City of Ukiah. At present, one general checking account is used. 3.2. Disburse funds via repetitive wire transfer upon on-line or telephone request of an authorized person. Provide on-line or fax notification of wire transfer within 24 hours. 3.3. Accept and send ACH transactions and provide on-line or fax notification of ACH deposits within 24-hours. Utility customers have the option of paying their account by direct debit. The State of California and several departments of the federal government automatically deposit funds in the City account. 3.4. Process direct deposit of employee payroll bi-weekly. Approximately 122 City of Ukiah employees receive their payroll via direct deposit. 3.5. Provide armored carrier collection of daily vault deposits from City of Ukiah Civic Center, by 12:00 p.m, Monday through Friday. Typical daily deposits range from $50,000 to $200,000. Approximately 10% to 20% of these deposits are in cash. 3.6. Provide on-line balance reporting services for all City of Ukiah accounts. Available information should include: closing ledger, closing collected, opening ledger, opening collected, float previous day debit and credit detail (including bankcard deposits and transfers), and ACH credit and debit detail and wire transfers. 3.7. Provide on-line access to information on cleared checks and automated stop payment facilities. 3.8. Collateralize all deposits. 3.9. Provide overdraft protection for all accounts and ACH. 3.10. Provide check reconciliation services. The City of Ukiah currently uses reconciliation services. 3.11. Provide monthly activity statements and reports for all accounts. The statement cutoff should be the last day of the month. Statements must be sent by no later than the 10th of the following month. 3.12. Provide employee-banking services to include free checking accounts with direct deposit of pay. Page 5 of 11 Attachment #5 City of Ukiah Banking Services RFP (continued) 3.13. 3.14. 4.1 4.2 4.3 Assist the City of Ukiah in meeting its future liquidity and short-term borrowing needs. Provide credit card processing and clearing services. IV. INFORMATION REQUESTED QUALIFICATIONS AND EXPERIENCE Describe the financial organization, date founded, ownership, and other business affiliations (please provide number and location of affiliated offices.) Provide the address of the office location that will service the account. Describe the experience of the financial institution in providing similar services for other public clients, specifically City government. Include copies of the most recent audited financial statement with the proposal. Provide Community Re-investment Act activity and describe how the Ukiah area has benefited from this activity. PERSONNEL Provide biographical information on bank officers that will be directly involved in the management of the City of Ukiah account; and who the primary contact will be, as well as the back-up person; and what, if any, experience these officers have in working with public clients, specifically City government. Provide an organization chart for the personnel who will be associated with the City of Ukiah account, including the roles of each person, and illustrating the relationship among the personnel. BANKING SERVICES a. Describe the financial institution's ability to provide the banking services described in Section III Scope of Services above, and to what extent, if any, the service is automated. b. Describe how interest will be calculated and credited on all accounts. Be specific. c. Provide ledger cutoff time for deposits and other transactions. d. Provide a copy of the availability schedule that would apply to deposits into the City of Ukiah accounts. Page 6 of 11 Attachment #5 City of Ukiah Banking Services RFP (continued) e. Provide a list of the bank's holidays. f. Describe how the bank will collateralize the City of Ukiah deposits. g. Describe when the deposits, wire transfers in and wire transfers out will be reflected in the account. h. Describe customer service process in notifying the City of any negative bank balance on account. Describe the processing deadlines for direct deposit of employee's paychecks, with a Friday payday. Also describe how these deadlines are affected by holidays. 4.4 CONTROL a. Describe the EDP and/or manual system used to provide banking services along with backup and recovery capabilities. b. Provide a detailed description of the controls in place to insure the integrity of the funds transfer system. c. Describe the types of insurance and bonding carried. d. Include a copy of the most current SAS 44 audit statement covering operational controls. 4.5 CONVERSION a. Describe a conversion plan to transfer assets of the City of Ukiah to your financial institution. b. Describe the amount of lead-time that is necessary and expected before conversion begins. c. Indicate your plans for educating and training City of Ukiah employees in the use of your system. d. Provide the name of the primary contact person for the conversion and whom this person reports to. 4.6 REPORTING a. Describe the frequency and format of reports that would be provided to the City of Ukiah. Page 7 of 11 Attachment #5 City of Ukiah Banking Services RFP (continued) b. Include sample reports and records. c. Indicate whether the bank is willing and able to develop customized reports along with specific pricing information. 4.7 EXCLUSION OF SELECTED SERVICES The City reserves the right to exclude selected services from the contract initially or in the future. For example: credit card processing and clearing services. 4.8 PRICING AND ACCOUNT ANALYSIS Provide the proposed prices for the following list of basic banking services. Prices must be guaranteed for the initial five (5) year term of the contract. · Account Maintenance (Demand, ZBA, Controlled Disbursement) · Wire Transfer (Incoming, Outgoing, Outgoing-Repetitive) Per Item Fee · Intra-Bank Transfers Per Item Fee · Deposit Ticket (Branch and Operation's Center) Per Item Fee · Item Deposit (Check and ACH) Per Item Fee · Cash Deposit Per Item Fee · Item Paid (Paper and ACH) Per Item Fee · Direct Deposit of Payroll Per Item Fee · Stop Payment (Manual and On-Line) Per Item Fee · Reconcilement (provide charges for all available services) · FDIC Insurance Charge (or percentage) · Coin and Currency Deposit Fees for Loose and Bagged Items Per Item Fee · Checks Paid Per Item Fee · Teller Deposit Per Slip Fee · Return Item Processing, including ACH Direct Deposit Per Item Fee Page 8 of 11 Attachment #5 City of Ukiah Banking Services RFP (continued) · Notification of Change for ACH Per Item Fee · Deposit Correction or Reclear Per Item Fee · Uncollected Funds Charges · Balance Reporting Fees (fixed and per item) · Set Up Charges (if any) · Monthly Maintenance Fees · Bankcard Processing (list all related charges) · Check Retention/Microfilming/CD ROM · Daily Armored Carrier Service · Sweep Fees · Other Charges Not Named (if any)-Please itemize 4.9 ADDITIONAL QUESTIONS TO BE ANSWERED BY PROPOSER ao Does the City of Ukiah have the option of compensating your bank on either a fee or balance basis? Is the price the same for either option? If not, what is the difference? If on a fee basis, can excess balances be used to partially offset activity charges and how often is the payment? be Will you accept non-interest bearing certificates of deposit for compensation? If so, will the City of Ukiah receive full benefit of the reserve requirement reduction? Specify the differential in reserves. Co Please describe the procedures used to make an adjustment to bank statements and to assure a corresponding adjustment to account analysis statement. How is the adjustment handled if the analysis period has already ended? d. Please provide a sample invoice for the City of Ukiah account. How soon after month end is the invoice mailed? e. Please describe how your earnings credit is determined, adjusted and applied. Please include in your explanation the impact of our reserve requirement, your formula for converting service charges Page 9 of 11 Attachment #5 City of Ukiah Banking Services RFP (continued) to balance requirements and a listing of your earnings credits and reserve requirements for the last period from January 1, 2001 to December 31,2001. Describe the bank policies concerning overdrafts and what if any, impact these policies may have on the management of the City of Ukiah's accounts. g. Discuss other supplies provided as part of the account: i. Endorsement stamps included at no charge and fees for additional stamps (16 total are needed, each with an individual cashier code). ii. Locked deposit bags iii. Night drop keys iv. Check stock h. Describe your policy for allowing third parties to purchase certificates of deposit payable to the City of Ukiah. 4.10 REFERENCES Provide five City government references (where similar banking services were provided), including the length of time you provided services, client name, and contact person name, address and phone number. Provide lists of City government clients where similar services were provided that have terminated services in the last three (3) years, and reason(s) why. 4.11 EMPLOYEE BANKING If selected by the City of Ukiah to provide the banking services described above, what employee banking services and/or programs would the bank make available to the employees of the City of Ukiah? 4.12 SAMPLE CONTRACT Provide a sample of a proposed contract for your firm's services. Page 10 of 11 Attachment #5 City of Ukiah Banking Services RFP (continued) V. EVALUATION AND AWARD CRITERIA This RFP seeks a financial institution to provide comprehensive banking services to the City of Ukiah. Selection will be made from a short list of proposers deemed to be fully qualified and best suited among those submitting proposals on the basis of the evaluation factors listed below: · Understanding of the needs and operational requirements of the City of Ukiah. · The experience, resources, and qualifications of the financial institution and individuals assigned to this accotmt. · Relevant experience managing similar relationships with City government clients. · Bank location (e.g. availability for personal service and consultation) · Scope of services. · Financial strength of proposing institution. · Adequacy of financial controls and protection against loss. · Quality and scope of conversion plan. · Availability of special services for the employees of the City of Ukiah. · Technological advances necessary to meet the financial needs of the City of Ukiah · The value of any new product or service suggestions or other new ideas and enhancements. · Quality and conciseness of proposals. Proposed fees and compensation. (Although fees and compensation will be an important factor in the evaluation of proposals, the City of Ukiah is only required to choose the most responsible bidder). Page 11 of 11 Attachment/45 Attachment #2 ~ Wells Fargo Bank responses' Questions to be answered during your presentation to the Investment Oversight Committee: 1. What are the most common investments used to collateralize deposits? Please refer to RFP, TAB 3, page 13 for complete description of how deposits are collateralized. 2. Do your collateralization practices comply with CA Government Code Sections 53651, 53651.2, 53652 and other state and federal requirements for public funds? Wells Fargo's collateralization practices fully comply with California Government Codes referenced in Tab 3, page 13. . What discount rate(s) and fees are you charging for: a. Debit cards? $.23/transaction when using ATM with PIN. When using VISA/MC check card, fees are the same as credit card discount fee disclosed in RFP Appendix, Tab G. b. Other Cards? 1.87% -- Appendix, Tab G. 4. Will you offer merchant card services without the City's banking business? Yes. 5. Discuss the effect of holidays on the deadlines for direct deposit of payroll. Use examples for these holidays: a. Thanksgiving and the Friday after (Wednesday payday) b. Christmas (holiday on various days, payday may vary) c. Labor Day/Admissions Day (holiday on non-banking holiday. Payday is not on holiday) As stated in the proposal in Tab 3 on page 10, Wells Fargo can accept transmissions 7 days a week, 24 hours a day. The driving factor in all of the scenarios below is the effective date that is contained in the file that you transmit to Wells Fargo Bank. This date will be the date that the monies are deposited in the accounts of your payees provided that you have sent the transmission by the deadlines established by the type of settlement you request. At initial set up, the City has the option of selecting either a 1-day or 2-day settlement. (please see page 10 of the proposal) If, for some reason, you are not able to make the deadlines established, Wells Fargo will make every effort to transmit the files to the receiving institutions as quickly as possible so that they may credit the payees account. But please keep in mind; once Wells Fargo has sent the file, we no longer have control of what the receiving bank does with the file. Will checks, deposited into the City's account, made payable as follows be accepted? a. Checks made payable to City of Ukiah b. Checks made payable to Ukiah c. Checks made payable to MESA d. Checks made payable to Mendocino Emergency Services Authority e. Checks made payable to Ukiah Golf Course f. Checks made payable to Grace Hudson Museum g. Checks made payable to Sun House h. Checks made payable to Ukiah Redevelopment Agency i. Checks made payable to Day Camp Page 1 of 5 Banking questions - continued Attachment #2 , . . 10. 11. Generally speaking, all banks are authorized to only accept checks payable to what has been established as the account title ("City of Ukiah"). However, because of the high-speed machinery that banks use to process checks, many times the payee may not be noticed, and the check will be deposited without incident. We do perform random security checks on large dollar items - in which the payee name would be verified against the title of the account. If the account title name does not match, the check maybe returned. If these checks are deposited at a branch, the teller may not accept them based on the payee name. If the City anticipates receiving many checks payable to these other entities on a frequent basis, it would be a 'best practice' to establish separate accounts for these other payees to ensure all checks are processed without incident. Or the City may instruct the maker of the checks to include the City's name on the check as well as the entity that the check should be made payable to. Example would be: "City of Ukiah, Grace Hudson Museum." Discuss the requirements for check endorsements. If a check the City issues to a vendor is endorsed "For Deposit Only" without the named payee's signature, will your bank pay the check or will it be returned because of insufficient endorsement? Check(s) will not be returned if the back of the item is endorsed with "For Deposit Only" and then deposited to the Account of the named Payee. Describe the process for transferring money from your bank to LAIF and for transferring money from LAIF to your bank. Please refer to RFP, Tab 11, page 36 for complete step-by-step instructions for withdrawing or depositing to LAIF. The LAIF process is all handled within the Government Banking Unit to provide even more convenience for our public agency clients. Discuss process and costs to City for Bank to process issued check information via paper reports if City cannot provide electronic register. Wells Fargo does not process check information via paper. However, in the case of an emergency, we would involve a third-party vendor, LCS, who can take your paper checklist and create an electronic transmission for an additional cost. Discuss familiarity with State and Federal direct payment systems. Specifically, how are incoming payments identified on on-line reports and Bank statements? When are funds available? Describe all fees involved in these transactions. Wells Fargo's on-line reporting system, WellsNet, identifies these payments as a credit to the account and includes the name of the credit source. Electronic funds are received in the morning and receive immediate credit. Please refer to RFP Tab 11, page 37 for additional information. The fees involved in the ACH incoming transactions are listed in the proposal in Tab 7 on page 22 under the "Items Deposited" heading. Our cash deposit process includes a weekly deposit of four (4) separate bags of unrolled coins received from the parking meters in four separate accounting units. A separate total is required for each bag. Bag totals range from $50 to $250. Describe all fees and customer responsibilities involved in these transactions. Page 2 of 5 Banking questions - continued Attachment #2 12. 13. 14. 15. Coin deposit fees are listed in Tab 7, page 23 under "Vault Coin Deposit". Separate totals will be provided for each coin deposit made. Our Commercial Deposit Preparation Guide provides detailed deposit instructions for all our deposits. Several Banks are offering cash check imaging as an improved option vs. having actual cashed check returned to the City. What is the Bank's understanding of the legal issues involved in court actions without actual checks to put into evidence? Does the Bank have any actual case citations to support its position? To the best of our knowledge, case law has proven that check images are acceptable and considered valid in a court of law. Describe the Bank's check clearing procedures in the context of reviewing actual checks for potentially fraudulent items Account Reconcilement used in conjunction with Positive Pay is the best way to combat fraudulent items (please see page 13 & 14 in the Proposal for details of these services). Are dollar amount thresholds used to flag certain checks for review? Dollar amount thresholds would only be used in extreme insistences when Account Reconcilement and Positive Pay where not available. Should this be the case, our," Maximum Dollar Authorization" product allows you to place a flag on a specific account indicating this maximum check amount. If any checks were to come in for payments that are larger than this maximum amount, we would automatically return the check "Refer to Maker." Are checks scanned for obvious background or color variations? Background and color variations are hard to detect in today's high speed processing environment. However, Wells Fargo does randomly select checks out of the processing stream to perform visual inspections to help prevent fraud. In addition, when a check is presented at a Wells Fargo branch, the tellers are trained to notice anything out of the ordinary in check stock, variations in font, etc. They will also call the contact listed on the account to verify any checks that exceed certain dollar limits set by the branch for security purposes. Describe the Bank's check clearing procedures in the context of reviewing actual checks to reject stale-dated items. How is the decision to reject a check made? How is the rejection communicated to payee and/or City? If the account is set up for Account Reconciliation, we are able to flag the account for the stale date period that you require, and any checks that come in for payment beyond a certain date will be returned "Refer to Maker." However, if the account is not set up on Account Reconciliation, our system does not have the ability to recognize a check as a stale dated item. Is there any possibility of fraudulent electronic debits being accepted against our accounts? Are there any other electronic exposures we should consider? Unfortunately, there is always the potential for many types of fraud against any account. However, Wells Fargo offers a service in which we are able to block or filter ACH debits (or credits) from hitting your accounts. 16. How robust is your web-based online reporting system? Do you have downtime statistics? We keep uptime statistics on a weekly basis. Availability for the week of 3/4/2002: 100% uptime, with the exception of a 45-minute outage on Friday that impacted all Internet channels across the bank. The recovery was fast with no fall-out. Page 3 of 5 Banking questions - continued Attachment//2 Does system slow at certain peak-utilization times? The system is designed to accommodate well over the current number of users. At "peak- utilization" times the system from our side does not slow, however, there are several other factors that come into play. If your Internet Service Provider experiences high usage times, you may still experience some slow down due to the number of users of the ISP, not from the Wells Fargo service side. Are there any restrictions on the number of concurrent City users? Wells Fargo does not place a limit on concurrent City users. Again, we can accommodate as many users as you require, but your internal servers and phone lines may experience slow down based on what they can accommodate. Please see Tab 3 pages 11 & 12 of the Proposal for additional information on our Business Internet portal - the Commercial Electronic Office (CEO). 17. Based on the Bank's understanding of the City's business requirements, can the Bank suggest. any ways to further economize or streamline our Banking services? In our proposal several services have been suggested as ways to economize and streamline the City's existing banking operation. Some of these services include an automatic Sweep; Internet ACH; and Purchase card program that would streamline city purchases and provide on-line notification and reconcilement of these transactions. 18. Are there any ACH transaction dollar limits by transmission, by week or by month? 19. 20. When the ACH set up is in the beginning stages of implementation, we ask that you provide to us a maximum dollar limit per ACH transmission. Once this limit is established, if we receive an ACH file that exceeds the limit, we will contact the City to determine the validity of the file. If you based your quote for merchant card services on any conditions or assumptions, such as average charge amount or number of tickets, when would a variance from this assumption result in a change in the fee or rate? How are rates set and how often do they change? Merchant card discount rate and fees were based upon information provided by the City as estimated volume. It is the general practice of our Merchant Services group to review account activity annually for fee adjustments. However, the city at any time may request a re-evaluation of their fees. As VISA/MC interchange fee increases are levied, these increases are passed across to the customer. Please describe the process for handling and notifying the City when a check is being returned for non-payment. Identify how many times the check is presented for payment and how the City is notified of the return Tab 3, page 15 describes our returned item and reclear processing. If selected by the city, returned checks may be presented a second time for payment. The first presentment is made with the deposit. If the check is returned, and the city has requested a second presentment, the check is run through again for collection. The city is notified by mail on checks that are being returned. On large items, the City will be notified immediately via phone or fax by your Relationship Associate. Page 4 of 5 Banking questions - continued Attachment #2 You may respond in writing if the time allowed (30 minutes) is insufficient to include a full explanation of any of these items. These questions were developed on the basis that one or more of the proposals did not sufficiently address the issue raised. If you feel your proposal fully answered the question, tell us so and where, in your proposal, the answer is located. Page 5 of 5 Attachment #2 ~ Questions to be answered during your presentation to the Investment Oversight Committee' Union Bank of California ,~,.~nboidt, Bank 1. What are the most common investments used to collateralize deposits? At Humboldt Bank the majority of the investments are in Mortgage Backed Securities. Union Bank of California utilizes U S Government T-Bills. ©ur explanation of coitateralization Tab 3.8~ page 14 2. Do your collateralization practices comply with CA Government Code Sections 53651, 53651.2, 53652 and other state and federal requirements for public funds? 3. What discount rate(s) and fees are you charging for: a. Debit cards? 30 cents per transaction. Rental of our equipment ($29.0()) includes special pin t0ad ~:() these typos o1' debit cards b. Other Cards? ()ur bid covers VISA & M/C cards. ()thor cards such as l)iscox'cr. ,Xmcrican }'~xprcs:<. Diners alt bill separately and are at setoarate rates. , ~, arc ~nc ,,,~ ;tr~.~csl proccssor ot:'crc(li[ c~iras il~ iI~c I ! 5 4. Will you offer merchant card services without the City's banking business? YES~ 5. Discuss the effect of holidays on the deadlines for direct deposit of payroll. Use examples for these holidays: The bank requires a file two days prior to the pay date. a. Thanksgiving and the Friday after (Wednesday payday) If payday is the Friday after Thanksgiving, the file must be sent to the bank on the Tuesday before Thanksgiving by 6:30 pm. b. Christmas (holiday on various days, payday may vary) In 2002, if payday is on the Thursday after Christmas. the file rnust be received by tiqe bank on before 6'30 pm. c. Labor Day/Admissions Day (holiday on non-banking holiday. Payday is not on holiday) i~ 2002, if' pa',/day it-; on ti~e Tuesday after Labor Day, the 'file must be received by the bank on the Thursday before by 6:30pm. 6. Will checks, deposited into the City's account, made payable as follows be accepted? a. Checks made payable to City of Ukiah b. Checks made payable to Ukiah c. Checks made payable to MESA d. Checks made payable to Mendocino Emergency Services Authority e. Checks made payable to Ukiah Golf Course f. Checks made payable to Grace Hudson Museum g. Checks made payable to Sun House Page 1 of 5 Banking questions - continued Attachment #2 h. Checks made payable to Ukiah Redevelopment Agency i. Checks made payable to Day Camp ,:,ta~r. stipu adng the names of the various We would require a letter from the City, signed by authorized ': ' '" ,ega~ entities that are DBA for the City of Ukiah. The letter' would authorize us to deposit ail i:unds ii-'..., i;::"~c: general account established here. Discuss the requirements for check endorsements. If a check the City issues to a vendor is endorsed "For Deposit Only" without the named payee's signature, will your bank pay the check or will it be returned because of insufficient endorsement? /~s ;;)art of the Positive Pay service, paid items are compared to issue informaiion (ci~eck m,'';''~'~x by ~"~ .... ~,~r ~ cn,:cK''~ ~ ~:" " ~"" the item is pald ~:::~a~,~:~ .:' ...... ,.~,:u ,~e~..,, ~,~,,~.. 1~ the and dollar amount~na,~..r~, ' :~screpancies are reported to tt~e custor~er for a disposition. The customer would access the check ~nage ~n order to validate the item. We do not pe~orm any other type of review on Positive Pay items because the customer then has the highest degree of control over what should be paid or returned Should the City elect to have the optional Check Irnage Positive Pay (please see our web site, U BOC.corn for a cash management demonstration) the City has the ability, to vew ~.~a,..,~"~ ~"'~-~ ...... ...... ; r'.,.!? i ten ~ front and back for close examination of endorsements. 8. Describe the process for transferring money from your bank to LAIF and for transferring money from LAIF to your bank. i !~s is clone on a book transfer basis by 10:00 am same day. 9. Discuss process and costs to City for Bank to process issued check information via paper reports if City cannot provide electronic register. The bank will not be able to process paper reports for this volume if the City cannot provide an elect;"on~c register. However, we often work with a business partner who provides software which creates positive pay file to transmit to ti~e bank. The cost of ti~e software to the City would be S495.90 package is very user friendly. We would be happy to provide details upon request. This solutior; been implemented successfully by a number of bank clients. ~/:/~:! Vvili i~'~&,t..,'~rcv..~ ,..~,r~i!'i~ t..d~...n~nar ..... reports i.e.' Statements monthiv; on. account. 10. Discuss familiarity with State and Federal direct payment systems. Specifically, how are incoming payments identified on on-line reports and Bank statements? When are funds available? Describe all fees involved in these transactions. LJnion Bank of California is familiar with State and Federal direct benefit payments Debit payments from individuals: IJnion Bank of California does a large volume of State and Federal direct benefit payments. on the vol~.~me and tyL~e of ACH sent. UBOC offers -rEAM R~:porttng (for PPDs -indiv d~;;~ :~rU~nd~'~...,, .,,._~,. EDI Reports (for. PPDs -Individuals,, with addenda) These payments (debits), co~ oct,on of war. er and utility payments. (:Sovernment to Government payments: For receiving direct payments from the Federal Government or the State for services other titan benaiits, v,,,'e can report on Team Information Reporting or EDI. These ACH payments would be i:rom ©or CCDs Iwith or without addenda) and CTXs (with addenda). Page 2 of 5 Banking questions - continued Attachment #2 Statements show deposits and abbreviated ~_tters indicate t,h= originator of the credit. immediate availability and there are no fees associated with this transaction. 11. Our cash deposit process includes a weekly deposit of four (4) separate bags of unrolled coins received from the parking meters in four separate accounting units. A separate total is required for each bag. Bag totals range from $50 to $250. Describe all fees and customer responsibilities involved in these transactions. !3ags to be labeled and sealed. Bags wilt be handled in dual custody. Deposits carl be as a batch allowing a description of the parking lot to be included. This will ~,ow the from the various lots. Since the field available has a limited capacity we rgcomm(~-nd parking lots or using the street only name. Fees for this serwce are incorporated into bid. There is no fee for this included in our proposal. 12. Several Banks are offering cash check imaging as an improved option vs. having actual cashed check returned to the City. What is the Bank's understanding of the legal issues involved in court actions without actual checks to put into evidence? Does the Bank have any actual case citations to support its position? The bank's understanding of tlae legal issues involved in court actions without actual .~',~'.r evidence is that "best copy available" is acceptable provided that the copy is an exact: originat and that the image has been stored in a secure environment. Whi~,:~ tine bank,~ court rulings to cite~ to our best knowledge no court has excluded the use of images. is acceptable by the iRS. A large number of city governments image checks. IRS statement "An account statement prepared by a financial institution showing a check ci~:,::aran(.e a decrease to the account holders balance) will be accepted as proof of paymer~t if the statenx~,nt ~ i'!~c, check number~ 2. the arnount of the check. 3 the date the check amount was posted to i>v t'~,~c~ financial institutior'~, and 4. the name of the payee." The Image Statement provides ail of ;;fi:...)rm..:.':~tion Also. courts have for many years accemed facsimiles in the form of photocopies or copies produced from, flirts as proof of payment. 13. Describe the Bank's check clearing procedures in the context of reviewing actual checks for potentially fraudulent items. Are dollar amount thresholds used to flag certain checks for review? Are checks scanned for obvious background or color variations? As part of the Positive Pay service, paid items are compared to issue inforn'~ation (check ~¢, date) provided by the customer, If the check # and dollar amount match, the item. is ps.~d. discrepancies are reported to the customer for a disposition. The customer would access: th(-:~ image in order to validate the item. We do not perform any other type of r'eview on Positive P~.~y i;..- ~'~ ~-. ?Te i"~igi'~iv ,'"-~"'~', ",:,,.,.4 .......,-n,~:, ,~..,'~ Positive Pay service as the primary deterrent to fi'aud. 'l'ruly we have rour'~.a u";at' xhere ~s no area of California that is safe from perpetrators of fraud. There i~as been some discussion that these f:raud artists are looking for smaller companies and municipalities that may have less sophisticated fraud prevention measures in place, with larger volumes of activity and h~gher balances, so that the~ fraud attem, pts may go undetected longer. The nominal cost for this service c.~n easily be justifi,.':.<i considering the fraud loss potential. 14. Describe the Bank's check clearing procedures in the context of reviewing actual checks to reject stale-dated items. How is the decision to reject a check made? How is the rejection communicated to payee and/or City? Page 3 of 5 Banking questions - continued Attachment #2 Our -,u:~uve Pay Service identifies stale dated check issues. These stale dated items will then be presented to the city as exception items transmitted to the City daily. The City will then make a pay" decision, 15. Is there any possibility of fraudulent electronic debits being accepted against our accounts? Are there any other electronic exposures we should consider? There is a possibility of fraudulent el,.,c,ron~,,~, de~its being accepted against your account~.. ~h,:~. e City may.. access TEAM [ ~,~r-'n Day, reporting da~ly to review anv~ electronic deb~ts inio ,,~"~. v u'r accounts. ~ ';,','hr~'~ ....... ' .... '~" can r~,'~,i~e,,,',, ali transaci'ions even th,'~,~ rnemo-"' ............... Nave w~,,..~ business days to contest a debit, transaction, 16. How robust is your web-based online reporting system? Do you have downtime statistics? Does system slow at certain peak-utilization times? Are there any restrictions on the number of concurrent City users? Our balance reporting service can be accessed over the Internet. Rarely if ns,-.~-. (-Joes our reporting service fail but the bank has backup reporting capabilities through a dial up nx)d(:::n'~ service associate. Our web system is available 24/7 for our customers. You cats view ali transactions posted to ~J'ie V"../e attempt to xeep "downtime" to a rninimurn. Any scheduled 'downtime" for .upgrades aha ~'.:~ i)os[,:sd or~ the wel.~ site well in advance. Slower response times are usually late at night when the system ~s being updated with data input. There can be multiple users accessing the account. However. users need to be aware that they can not see changes being made by anoti~er' user until after they iog off the system and re-log 17. Based on the Bank's understanding of the City's business requirements, can the Bank suggest any ways to further economize or streamline our Banking services? n our Proposal i::'or Banking services submitted 1o the City several recommendations were F:ult Daily Positive P~//h~.,o .... ~,~men, Service. Ii ;~- ~4',~ ~', ~ ~ ~ - ~ Web ~3~!d~:;d B~-~,dnce Ret)erring. , On.-Lii~e Check imaging o,-, .... · -, o ~':; 1 v ICG. Eiectror~ic Tax Deposits anci Stop Payments via the web. E-Statements on the web. PC Software Program for ACH debit origination for Utility Payments. 18. Are there any ACH transaction dollar limits by transmission, by week or by month? Union Bank of California will work with the City to establish appropriate limits for ACH t:r~nsnaissic:,n~::. Periodic review of these tirnits will be made to ensure that the City's needs for .... convenience are met. 19. If you based your quote for merchant card services on any conditions or assumptions, such as average charge amount or number of tickets, when would a variance from this assumption result in a change in the fee or rate? How are rates set and how often do they change? There would be no change in rate based on a change in volurne or average ticket income (~enerailv the Bank reviews the rates that are set annually by VISA and MasterCard and decides on any changes, i~'~ the past 5 years we have only had one rate change. Our contract would be open with the City a~'~d would nobfy the City of any changes in rates. The City is not locked into a long.-- term contract witi~ Page 4 of 5 Banking questions - continued Attachment #2 20. Please describe the process for handling and notifying the City when a check is being returned for non-payment. Identify how many times the check is presented for payment and how the City is notified of the return. o~'~.,,~.d iter,"ns returned for non-payrnent on the drawee banks will be t'~andled by, Humboldt ......... ~eoks will normally be re-deposited for credit to the ,~ity's account an~ not back" Upon second un--successful presentment the item will be charged back to the (..;ltv assessing a $5.00 fee. The City will be notified by telephone in the event items are being charqed Page 5 of 5 ;~,~ACHMENT What are the most common investments used to collateralize deposits? Public deposits are collateralized by municipal bonds issued by various states within the United States. All bonds are rated A or better and are general obligation bonds issued with unlimited taxing authority or revenue bonds issued by a revenue producing local agency. Public deposits are secured at 110% with these bonds. The following breakdown as of the most recent quarterly report filed with the State of California on December 31, 2001 is: State % Bonds % Rating % California 62.5 General Obligation 96.7 AAA 95.8 Wisconsin 12.1 Revenue 3.3 A 4.2 Illin ois 9.4 ~ Total 100 Total 100 Washington 8.3 Texas 4.4 Oregon 3.3 total 100 e Do your collateralization practices comply with Ca Government Code Sections 53651, 53651.2, 53652 and other state and federal requirements for public funds? Our collateralization practices comply with California Government Code Sections and other state and federal public fund requirements. ge What Discount rate(s) and fees are you charging for: a. Debit cards? b. Other cards? The discount rates for debit and credit cards processed through the credit card networks arer 1.65% qualified plus $.35 per transaction for each item processed 2.26% partially qualified 2.91% non-qualified ATM card transactions (Pin based) are $.60 each. $5.00 monthly statement fee per location $50.00 application fee e Will you offer merchant card services without the City's banking business The City of Ukiah must have a demand deposit account with Savings Bank to qualify for merchant bankcard services. o Discuss the effect of holidays on the deadlines for direct deposit of payroll. Use examples for these holidays: a. Thanksgiving and the Friday after (Wednesday payday) b. Christmas (holiday on various days, payday may vary) c. Labor Day/Admissions Day (holiday on non-banking holiday. Payday is not on holiday. o Will checks deposited into the City's account, made payable as follows be accepted? a. Checks made payable to City of Ukiah b. Checks made payable to Ukiah c. Checks made payable to MESA d. Checks made payable to Mendocino Emergency Services e. Checks made payable to Ukiah Golf Course f. Checks made payable to Grace Hudson Museum g. Checks made payable to Sun House h. Checks made payable to Ukiah Redevelopment Agency i. Checks made payable to Day Camp Savings Bank will accept items payable to a variety of City owned business locations into the City of Ukiah general deposit account. This will be contingent upon receipt of a letter of instructions that could be part of the new deposit account relationship. 7) Discuss the requirements for check endorsements. If a check the City issues to a vendor is endorsed "For Deposit Only" without the named payee's signature, will your bank pay the check or will it be returned because of insufficient endorsement? If there is a clear endorsement by another financial institution, or an item is deposited into a Savings Bank account, we would not return it for amounts under $5,000.00. However, if this is a two signature required account, all items will be reviewed, regardless of the amount. Any items in question, or without proper endorsements would be referred to the department supervisor for review and a determination would be made on an individual (each check) basis. , 8. Describe the process for transferring money from your bank to LAIF and for transferring money from LAIF to your bank. Transferring money from Savings Bank to LAIF and from LAIF to Savings Bank can be accomplished in two ways. The City of Ukiah could originate a credit or a debit to LAIF using origination software. This would require a signed authorization from LAIF. The City of Ukiah could also wire the funds to LAIF, but it would be up to LAIF to wire the money back to the City. e Discuss process and costs to City for Bank to process issued check information via paper reports if City cannot provide electronic register. Not available at this time. 10) Discuss familiarity with State and Federal direct payment systems. Specifically, how are incoming payments identified on online reports and Bank statements? When are funds available? Describe all fees involved in these transactions. Savings Bank has been receiving direct deposits electronically from the state and federal government since 1982. The description that accompanies the transaction appears online and is printed on bank statements. The funds are available when memo posted to the accounts. Savings Bank receives two files from Federal Reserve each day, one in the morning and one in the afternoon. The files are memo posted as soon as they are received and processed. The fee for ACH credits is $.06. 11. Our cash deposit process includes a weekly deposit of four (4) separate bags of unrolled coins received from the parking meters in four separate accounting units. A separate total is required for each bag. Bag totals range from $50.00 to $250.00. Describe all fees and customer responsibilities involved in these transactions. Under account analysis the fee is listed as $.03 per $1.00 deposited. Maintaining an adequate monthly account balance will result in the City not paying a fee for these deposits. Each coin bag should have a dated deposit slip so they can be processed separately within 48 hours. These deposits will need to be delivered to the main office located at 200 North School Street in Ukiah. The only responsibility of the account owner is that the coin must be debris free. The deposit receipts will be available for pick up at main office customer service desk. 12. Several Banks are offering cash check imaging as an improved option vs. having actual cashed checks returned to the City. What is the Bank's understanding of the legal issues involved in court actions without actual checks to put into evidence? Does the Bank have any actual case citations to support its position? Depositors currently are given their checks in their monthly statement. We can provide photocopies of checks upon demand. In past years Savings Bank has often presented photocopies as evidence during court proceedings without any problems. 13) Describe the Bank's check clearing procedures in the context of reviewing actual checks for potentially fraudulent items. Are dollar amount thresholds used to flag certain checks for review? Are checks scanned for obvious background or color variations? Savings Bank has safeguards in place to check signatures and endorsements. Savings Bank has dollar amount thresholds in place. Currently Savings Bank does not scan checks for background or color variations. 14) Describe the Bank's check clearing procedures in the context of reviewing actual checks to reject stale dated items. How is the decision to reject a check made? How is the rejection communicated to payee and/or city? Savings Bank has provided the City of Ukiah with a Deposit Account Master Agreement and Disclosures. On page 17, under Post and Stale Dated Items, the agreement states that the Bank has the option of honoring or not honoring any checks that is presented for payment more than six months after its date. It depends on how the item is presented for payment what procedures will be followed. If the item is drawn on Savings Bank we attempt to contact the maker "our customer" direct for approval to pay or return the item. If the bank cannot contact the customer the item will then be returned. 15) Is there any possibility of fraudulent electronic debits being accepted against our accounts? Are there any other electronic exposures we should consider? There is always the possibility of fraudulent electronic debits being processed to accounts of the City of Ukiah. If you are reviewing your account on a daily basis and see an unauthorized transaction, it can be returned by Savings Bank if the bank is notified within 24 hours of the transaction posting to the account. 16) How robust is your web-based online reporting system? Do you have downtime statistics? Does system slow at certain peak-utilization times? Are there any restrictions on the number of concurrent City users? SBMC Online banking can provide 60 days of transaction history plus any pending, memo posted, transaction history. We also provide detail information about your account such as current balance, available balance, date last activity, interest rate etc. We haven't experienced any downtime with the system and we have not experienced any slowness at peak times. You may have as many concurrent users as needed for online banking. If you are using our PC product only one user can be in the system at a time and it must be installed on a network for access by multiple users. 17) Based on the Bank's understanding of the City's business requirements, can the Bank suggest any ways to further economize or streamline our Banking services? SBMC Online would give the City of Ukiah the ability to view all of their posted and pending transactions. As files are received and processed the City would be able to see and identify these transactions and know their current position. Savings Bank would recommend the City of Ukiah invest in PC Transact It for the re- occurring credit card debits. Once the transactions were entered into the software it would save time each month because the transactions would not have to be re-entered. The discount rates would be less than partially qualified retail rates if this terminal were set up in the mail/phone order category. 18) Are there any ACH transaction dollar limits by transmission, by week or by month? There are ACH dollar limits by file and by day, these limits are set during the contract process based on the expected daily combined file size. 19) If you based your quote for merchant card services on any conditions or assumptions, such as average charge amount or number of tickets, when would a variance from this assumption result in a change in the fee or rate? How are rates set and how often do they change. Merchant bankcard rates are set by Nova Information Systems and Savings Bank. These rates are based on the type of merchant and the dollar volume of that merchant. See Exhibit D in our original proposal. The rates can change any time that MasterCard, Visa or third party processors adjust the rates. This is usually done on an annual basis in April. 20) Please describe the process for handling and notifying the City when a check is being returned for non-payment. Identify how many times the check is presented for payment and how the City is notified of the return. Savings Bank handles all check return processing at the main office located at 200 North School Street in Ukiah. Incoming Check Returns are processed along with On-Us Deposit Return Items on a daily basis. For Check Returns that are $2,500.00 or more, the Bank will place a telephone call to the designated department to verify that the item should be re-deposited. The bank will re-deposit an item up to two times. Copies of the returned and/or re-deposited transaction can be picked up at the main office customer service window. The Bank will maintain an ongoing pick-up log for statements, return checks and deposit receipts. March 29, 2002 Savings Bank 200 N. School St. Ukiah, CA 95482 Attn: Paul Shimmin, Vice President Dear Mr. Shimmin, As you know, the Investment Oversight Committee interviewed four banks last week. These presentations were informative and helpful. They also highlighted some new features we had not considered and raised some issues of concern to the Committee. Since Savings Bank was the first scheduled presentation some topics were not discussed at that time, but were raised by the presenters later in the day. We want to give Savings Bank the opportunity to fully inform us in these areas of importance to the City. Positive Pay Positive Pay was strongly suggested as an anti-fraud safeguard by two major banks. The City was unaware of the availability of this product when the RFP was written and these banks are able to provide this service within their presented pricing structure. In a nutshell, this feature ensures that each check attempting to clear the account is matched in real time to an issue record provided by the City. Unmatched items are then electronically presented to the City for a same-day decision to pay or refuse. Unlike an after-the-fact reconciliation, this processing occurs each day, giving the City the opportunity to reject questionable checks before they ever reach our account. The Committee was very impressed with this service that directly speaks to the member's fiduciary responsibilities for the public funds under their management. It was felt that this was an acceptable answer to fraud by electronically reviewing and verifying each check. As we all know, today's computer software and printers make check fraud fast and easy. The City has already had one incident, and the Committee finds it hard to argue against taking every possible fraud prevention precaution. Does Savings Bank offer any comparable service now, or plan to do so in the future? What can you tell us about your plans and specifically any planned availability dates? Earnings Credit The Committee discussed earnings credits with other banks at some length. While all banks appear to base their rates on treasury bills, there is considerable variation in the final rates stated. Therefore, in order to fully understand the total costs of this service, including its volatility with varying T-bill rates, the investment committee is asking each bank to disclose the full formula used to calculate their rate. Reconciliation Service The City presently uses a bank-provided reconciliation service to manage outstanding checks. The value of the service and the ramifications of doing the work in-house were discussed with staff. It is a time-consuming task that must be done each month before staff can proceed with the time-sensitive preparation of accounting reports for management We understand that Savings Bank has the apparent capability to offer reconciliation services with your existing software, that it is an implementation and training issue. Can you offer additional information on how the service would work and when it might be available? ACH {Payroll) Deadline Savings Bank stated that their data submission cutoffwas 4:00 p.m. two days prior to effective (pay) date. No exception to this deadline was offered, even with repeated prompting from the Committee. Every other presenter offered much more flexibility on this issue. The City's current Bank routinely accepts transmission as late as 6:30 p.m. and up to 9:00 p.m. if necessary. They can even take a transmission one day before payday by special arrangement. The other banks also offered later cutoff dates and one-day special processing. Each Bank repeated the same cautions around one-day processing, about bad data and limited recovery options, but in the end could work with us on our short payroll processing weeks. We want to be sure that we understand Savings Bank's position correctly, as stated above. Web-Based Service The City currently accesses the bank account via dial-up software resident on a single PC. Other accounting activity is conducted on the City's LAN system with full time Internet access. Dial up, PC resident software creates a number of restraints, including the inability to have multiple simultaneous sessions, the necessity to share the PC with up to five different staff members, and the vulnerability of having the activity history stored on a single PC. The Committee and staff saw a number of benefits to utilizing a Web based service including allowing users to access the bank files from their own desks, encouraging them to use their access to the banking system to work more efficiently and creatively. Having the data on the Web also provides a significant enhancement to the City's disaster recovery plan by providing access to the bank via any computer with working Internet connection. We understand your employees are testing your web-based product. Can you expand on your rollout plan and time frames? Over the next two years the City faces two major and interrelated accounting challenges. As do all Cities, we must implement a major accounting pronouncement, GASB 34 from the Government Accounting Standards Board. This involves massive work in valuing capital assets, redesigning accounting processes and presenting financial reports. To support this conversion, we must first install a new, more capable accounting system. These projects will involve major conversions, extensive staff training, a very real danger of delays in payroll preparation, added difficulties in preparation of reports and reconcilliations, and many unforeseen challenges. With these considerations, the importance of establishing a banking relationship that maximizes the security of public funds and reduces the City's operating costs is even more significant. We look forward to Saving Bank providing any additional information or clarification related to the topics discussed herein. Please provide your response to Gordon Elton, Finance Director by 4pm on Wednesday, April 3, 2002. Sincerely, Gordon Elton Finance Director City of Ukiah Savings Bank OF MENDOCINO COUNTY www. savingsbank.com A Full Service Community Bank April 3, 2002 City of Ukiah Finance Director 300 Seminary Avenue Ukiah Ca 95482-5400 200?. GITY OF FIN^NGE DEPT. Dear Mr. Elton, The following is in response to your letter dated March 29, 2002, which asks for clarification in specific areas of our proposal. Positive Pay Alltell does not offer Positive Pay as an option. Savings Bank would need to find outside software to provide this service. To date, management has not approved this service. Earnings Credit The Savings Bank of Mendocino County uses the 90-Day Treasury Bill yield average compiled by Griffin, Kubik, Stephens & Thompson, Inc. This is a weekly market card yield report found on their website, www.gkst.com. Our bank uses the current base yield for the current month only. The earnings credit for the month would be calculated as follows: ((Week 1 Yield) + (Week 2 Yield) + (Week 3 Yield) + (Week 4 Yield))/4 weeks The actual earnings credit for March, 2002 would be as follows: ((1.75) + (1.79) + (1.82) + (1.75))/4: 7.11/4--1.78% Please see GKST Market Card attachments. Reconciliation Service As mentioned in our proposal the account reconcilement product is being used by other Alltel Banks. We expect to have it functioning in the next three to six months. This product accepts tapes from outside sources. The City of Ukiah would provide Savings Bank with a tape and we could then reconcile the account. UKIAH MAIN SOUTH UKIAH HOPLAND NORTH UKIAH FORT BRAGG REDWOOD VALLEY MENDOClNO 200 North School Street 1200 South State 13411 South Hwy. 101 904 North State 490 S. Franklin Street8431 Fast Road 10500 Lansing Sttwt P.O. Box 3600 P.O. Box 3600 P.O. Box 455 P.O. Box 3600 P.O. Box 1269 P.O. Box 300 P.O. Box 687 Ukiah. CA 95482 Ukiah, CA 95482 Hopland, CA 95449 Ukiah. CA 95482 Fort Bragg. CA 95437 l~lwood Valley, CA 95470 Mendocino, CA 95460 (707) 462-6613 (707) 462-1496 (707} 744-1313 (707} 462-9787 (707} 9644723 (707) 485-0381 (707} 937-0545 PEAR TREE 414 East Perkins P.O. Box 3600 Ukiah, CA 95482 (707} 468-8933 ACH (Payroll) Deadline Savings Bank needs to receive the payroll file no later than 4:30 p.m.; we do not have staff after 5:00 p.m. that could process the ACH file. We would prefer the file be transmitted two business days prior to the effective pay date to assure the employees will have their payroll on the day that it its due. If the City needs to send the file one day before the effective date we can process the file. We will need to receive the file no later than 4:30 p.m. There are no guarantees that the city employees will have their funds available on the day that they are due if sent only one day in advance. Web-Bases Service Savings Bank has been testing with employees and some customers for several weeks. We are in the process of resolving some issues that were discovered during this testing. We hope to have Internet Banking available on our website in the next 30 days if not sooner. SBMC Online Banking will allow as many users as needed to access the system at the same time. They can view all posted and pending transactions and account detail information for any of the accounts the City wishes to access. We will have ACH available with Internet Banking, testing for the ACH product will be completed after the other issues are resolved. The PC banking product for ACH can be accessed by more then one employee if the software is installed on a network, but it cannot be accessed simultaneously like the web bases product. Savings Bank can provide either web based or PC Based ACH; it would be up the City to determine which of the two products would meet their needs. The Savings Bank might not have all of the "Bells and Whistles" now, but we are working diligently toward that end goal. We presented our verbal proposal as a team and a team is what you will be getting if you select Savings Bank of Mendocino County to service your banking needs. The Savings Bank team will be there for you and we are conveniently located just two blocks away. If you need of any further clarification, please don't hesitate to contact me. Sincerely, Paul R. Shimmin Vice President 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I < o 0 0 0 m 0 0 0 0 0 0 0 ,-'-', ,,'.-, ,.--, ,.-, ,,-'-, ,.--, ,--, ,--, ,-., ,-~ ("q ("q ("xl Gordon Elton, Finance Director From: Sent: To: Subject: Donald. Raught@uboc.com Friday, April 12, 2002 5:33 PM gordone@cityofukiah.com Proposal Response pico7448.pcx (Embedded image moved to file: pic07448.pcx) Gordon, Thank you for your phone call requesting additional information on our Banking Services Proposal. I have outlined our responses below. Earnings Credit Rate: Union Bank of California would like to offer the City of Ukiah an Earnings Credit Rate of Prior Months 91 Day T-Bill minus zero on all collected balances. Listed below are responses from Humboldt Bank: Don: Thank you for the wonderful news that we are still being considered for the City of Ukiah's banking business. On the two points: 1. The merchant bank card "per transaction fee" would be negotiable. We based our original bid on the very limited amount of information provided. In discussing the bid with our account representative, Joel Bartlett, he indicated that while other bids may not have a per transaction fee, the cost is included generally in the "discount rate" This could have the effect of a higher cost because it covers the "dollars" of the transaction. When we typically do a bid for any client we get copies of their current transactions to enable a detailed analysis. The analysis can show the effect of the proposal in relation to the customer's existing charges. I believe we could clarify this for them with this information. This analysis could be done within a day of the receipt of copies of the processing statements from the City's current provider. 2. Humboldt Bank is currently held by our parent corporation "Humboldt Bancorp" The President and CEO is currently Ted Mason, who is one of the original founders of Humboldt Bank. Ted Mason is retiring and will be replaced by Robert M. "Bob" Daugherty. Paul Ziegler will continue to be the President of Humboldt Bank. We are looking forward to the banking relationship we are trying to establish with the City of Ukiah and these changes will not effect our proposal or the services offered. Please don't hesitate to call if any additional information is needed. Thank you for your help and all the followup you have done. I look forward to hearing from you soon. Glory Breese V.P. and Manager Humboldt Bank, Ukiah Office 707-462-0522 Additionally, please feel free to contact the following persons who have been working with Union Bank through a local correspondent for some time. I will call them Monday morning to let them know that you will be calling. Dawn Langston Treasurer-Tax Collector Del Norte County Phone: (707) 464-7283 Mike Hamner Assistant Treasurer Siskiyou County Phone: (530) 8428343 I look forward to hearing from you (hopefully with good news) soon. Respectfully, Don E. Raught Vice President Local Markets, Government and Not-For-Profit Markets Division 916-321-6780 This communication (including any attachments) may contain privileged or confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this communication and/or shred the materials and any attachments and are hereby notified that any disclosure, copying, or distribution of this communication, or the taking of any action based on it, is strictly prohibited. Thank you. AGENDA ITEM NO: MEETING DATE: May 1, 2002 SUMMARY REPORT lOc SUB3ECT: DISCUSSION AND POSSIBLE ACTION TO CHANGE THE 1995 IMPOSED 4/5 VOTE REQUIREMENT TO A SIMPLE MA.1ORITY (ORDINANCE 1034, SECTION 1200)--COUNCILMEMBER LIBBY Councilmember Kathy Libby has requested a discussion and possible action regarding the voting procedures for removal of a commission or board member that has been appointed by the Cib/Council. A letter from Councilmember Libby is attached, along with background materials. RECOMMENDED ACTION: Discussion and possible action regarding the voting requirements for removal of commission members ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachment: N/A Councilmember Kathy Libby Candace Horsley, City Manager N/A Letter from Councilmember Libby, 4/19/2002 Ordinances 1034, 955, 889 Approved: ~(~~~ 4:Can:ASRUbby.0S0~~ndace H°rsley~ CiI Manager 300 SEM1NARYAVE., UKIAH, CA 95482-5400 · ADMIN. 707/463-6200 · PUBLIC SAFETY 463-6242/6274 · · . . ~'~v~i~ ~ouncfl woman Kathy Libby Dear fellow councilmembers: At our April 3rd council meeting, I asked City Manager Candace Horsley to set for agenda, review and possible action city ordinance/code 1034, division 1, chapter 4, article 5, section 1200, where it was passed into City Ordinance in 1995 and reads as follows, "All members of commissions and boards appointed by the City Council shall serve at the will and pleasure of the City Council and may be removed at any time during their term of office with or without cause upon a motion of any council member and a four-fifths vote of the City Council". I am asking my fellow council members to consider changing the four-fifths vote to the simple democratic majority vote we use in deciding all other City issues before this council. We appoint by simple majority, hoping we have made good choices, and are ultimately responsible to the citizens for the work of our appointees. The council must have a reasonable avenue to take action in the event the majority of this council does not believe the public is being adequately served. To state some background, in 1995 the city ordinance was written to require a 4-1 vote of the council to make changes on our boards and commission. The Council members who passed this are no longer with government or have moved on to higher office. I am sure the council in 1995 felt they were doing the right thing. It is hard to speculate the reasoning. My opinion is it is the responsibility of current councils to govem and hopefully unhindered. Because a vote was not in ordinance form prior to 1995, the "will and pleasure of the city council" meant a simple majority, the same as all other council action. Current council members are being asked to live under rules previous councils did not have to live by and it could hinder this council's responsibility to govern. Too further stress the National and the City tradition of a majority vote; all of this council's "action votes", including changes with the highest-ranking City Official is by simple majority vote. We are a nation that operates on the "simple majority rules" system. There are probably a few exceptions to the "simple majority' rule. Tax increases come to mind where two-thirds super majority is required to increase taxes. A majority vote is in line with nearly all voting in our country. A four fifths or 80% vote is in my opinion "protectionism" and could tie our hands should we need to act in what the majority of this council views as in the best interest of the public. If we needed 4/5 votes to govern, our government would become stagnant. 'We Are Here To Serve" When the public is not being served, the buck stops with this elected City Council and not with the appointed boards or commissions That being said, I want to make it clear my opinion is we have a wonderful group of volunteers and appointees to our commissions and committees. There should not be any misinterpretations or misrepresentations of this Councils appreciation for the citizen volunteers who make up our many boards and commissions. This request to repair what I feel is a flawed code/ordinance will make the city code more democratic. In the rare and isolated instances a change is deemed necessary by the council majority, a four to one vote requirement could bring politics and cronyism into the picture and would tie the hands of the council to govern in an orderly fashion. The issue of the agendized item is about making an ordinance democratic with a simple majority I ask for your consideration and would appreciate your vote in correcting what I view as a flaw that hinders oversight authority. I ask for your vote to change the wording in City ordinance number 1034 to a democratic majority. Thank you. Counci woman Kathy'Lib~y Attachments Ordinances 1034, #955, and # 889 ORDINANCE NO. 1034 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH, AMENDING SECTION 1200 OF THE UKIAH CITY CODE CONCERNING THE TERMS OF OFFICE FOR MEMBERS OF CITY COMMISSIONS AND BOARDs. The City Council of the City of Ukiah ordains as follows: SECTION 1. Division 1, Chapter 4, Art/cie 5, Section 1200 of the Ukiah City Code is amended to read as follows: §1200: TERMS OF COMMISSION OR BOARD MEMBERS LIMITED: All members of commissions and boards appointed by the City Council shall serve at the will and pleasure of the City Council and may be removed at any time during their term of office with or without cause upon a motion of any Councilmember and a four-fifths (4/5) vote of the City Council. There shall be no limit on the number of terms a member of a commission or board may serve. SECTION 2. This ordinance shall be published as required by law and shall become effective 30 days after/ts adoption by the City Council. Introduced by title only on June 6, 2001 by the following roll call vote: AYES: ' Councilmembers Larson, Smith, Baldwin, and Mayor Ashiku NOES: Councilmember Libby ABSENT: None ABSTAIN: None Adopted on June 20, 2001, by the following roll call vote: AYES: Councilmembers Larson, Baldwin and Mayor Ashiku NOES: Councilmember Libby ' ABSENT: Councilmember Smith ATTEST: ar~e Ulvila, City Clerk ORDINANCE NO. 955 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTION 1200 OF DIVISION 1, CHAPTER 4, ARTICLE 5 OF THE UKIAH CITY CODE, PERTAINING TO THE TERMS OF COMMISSION AND BOARD MEMBERS 63 The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE. Section 1200 of Article 5 of Chapter 5 of Division 1 of the Ukiah City Code is hereby amended as follows: Section 1200 is hereby amended to read as follows: §1200: TERMS OF COMMISSION OR BOARD MEMBERS LIMITED: Ail members of commissions and boards appointed by the City Council shall serve at the will and pleasure of the City Council and may be removed at any' time during their term of office with or without cause upon a motion of any councilmember and a four-fifths vote of the City Council. No person shall hereafter be appointed for more than two (2) full consecutive terms without a break in service as a member of a commission or board whose members are appointed by the City Council or by the Mayor with the approval of the City Council, and no person who hereafter has been appointed to and hag held the office of such commission or board for more than two (2) years of a term to which some other person was originally appointed shall hereafter be appointed for more than one full additional term without a break in service. Disqualification to serve on any one commission or board shall not constitute disqualification to serve on any other.commission or board. "Break in service" as used in this Section shall mean a period of not less than one hundred eighty (180) days after the time a person served on a commission or board during which time said person does not serve on that same commission or board (Ord. 559, §1, adopted 1964; amd. by Ord. 889, adopted 1989.) SECTION TWO: Publication and Effective Date. This ordinance shall become effective thirty (30) days from its adoption and shall be published as required by law. , .. SECTION THREE: ~pplication. This ordinance shall apply to members offs' the City's commissions and boards who are in office on its effective date and to all future appointments to the City's commissions and boards. s:\u\ords94\comms December 28. 1994 1 Introduced by title on following roll call vote: December 21 , 1994, by AYES: Councilmembers Mashin, Malone, Wahhenburger, Shoemaker and Mayor Schnei~;er NOES: None ABSENT: None Adopted on January 18 following roll call vote: , 1995 , by the AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter NOES: None ABSENT: Councilmember Wattenburger ATTEST/] S: \u\ords94 \co~.s December 28, 1994 2 ORDINANCE NO. 889 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTION 1200 OF TIIE UKIAI! CITY CODE, PERTAINING TO THE TERMS OF OFFICE FOR MEMBERS OF CITY COMMISSIONS AND BOARDS. The City Council of the City of Ukiah ordains as follows: SECTION ONE. Ukiah City Code section 1200 is hereby amended to read as follows: Section 1200 - Terms of Commission or Board Members Limited: No person shall hereafter be appointed for more than two full consecutive terms without a break in serv- ice as a member of a commission or board whose members are appointed by the City Council of the City of Ukiah or by the Mayor with the approval of the City Council of the City of Ukiah, and no person who hereafter has been appointed to and has held the office of such commission or board for more than two years of a term to which some other person was originally appointed shall hereafter be appointed for more than one full additional term without a break in service. Disquali£ication to serve on any one commission or board shall not constitute dis- qualification t~o serve on any other commission or board. "Break in service" as used in this Section shall mean a period of not less than 180 days after the time a person served on a commission or board during which time said person does not serve on that same commission or board. SECTION %~WO. This ordinance shall be published as required by law and shall become effective 30 days following its adoption. Introduced by title only on June 21, 1989 , 1989 by the following roll call vote: AYES: Councilmembers Wa,ttenburger, Shoemaker, Hickey, and Vice-Mayor Schneiter NOES: ' %TN.°ne ~ ABSENT: Mayor Henderson PASSED AND ADOPTED on July 5th , 1989, by the follow- ing roll call vote: AYES: Counci]members Wattenburger, Shoemaker, Hickey and Vice-Mayor Schneiter NOES: None ABSENT: Mayor Henderson Mayor 381 AGENDA SUMMARY REPORT ITEM NO. t0d DATE: MAY 1,2002 SUBJECT: DISCUSSION OF COST OF LIVING INCREASE FOR CITYCOUNCILMEMBER SALARIES Government Code §36516 provides the City Council with the ability to increase Councilmember salaries effective after an election. The existing ordinance must be amended to establish a cost-of-living increase not to exceed an amount equal to five percent for each calendar year from the operative date of the last cost-of-living adjustment. At its May 17, 2000 meeting, the City Council adopted an ordinance adjusting the salary from $435 to $462 per month equating to a 3% per year increase over the previous two years. Any adjustment to the current $462 salary would not become effective until after the election in November. Per Council's direction, this matter is being presented as a discussion item now so any adjustment may be included in the next fiscal year's budget. If the Council approves a cost-of- living increase, staff will prepare the ordinance and return it at the next Council meeting for introduction. Noted here are the applicable figures for consideration including the cost of living changes for the past two years: Percentage Year1 Year2 1% $467 $471 2% $471 $481 3% $476 $49O 4% $48O $5OO 5% $485 $5O9 Consumer Price Index March 2001 U.S. Cities Average 3.3% San Francisco/Oakland 5.7% March 2002 1.2% 1.8% RECOMMENDED ACTION: 1. Consider cost-of-living increase for City Councilmembers salary and direct staff relative to preparation of ordinance. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: NA Candace Horsley, City Manager Michael F. Harris, Risk Manager/Budget Officer Candace Horsley, City Manager None mfh:asrcc02 Candace Horsley, Cit~Man 0501CouncilSal ager ITEM NO. 10e. DATE: May 1,2002 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION AND ADOPTION OF RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING FOR EMPLOYEE BARGAINING UNIT- FIRE UNIT The City Manager and City negotiators have met with representatives of the Fire Unit over the past several months to discuss negotiation items for the contract term from October 1, 2001 - September 30, 2005. The negotiations have resulted in a tentative agreement with the Fire Unit. Staff recommends consideration of the Fire Unit Memorandum of Understanding (MOU) and adoption of the Resolution approving the MOU for the period of October 1, 2001 through September 30, 2005. The proposed Memorandum of Understanding is being submitted for Council's review and discussion in closed session with the City Manager. If the City Council approves the agreement in closed session, then adoption of the attached resolution in open public session would be necessary. RECOMMENDED ACTION: Consider MOU and adopt resolution approving Memorandum of Understanding for the Fire Unit for the term of October 1,2001 - September 30, 2005. ALTERNATIVE COUNCIL POLICY OPTIONS: , Do not adopt resolution. Refer to Staff for amendments. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Melody Harris, Personnel Officer Candace Horsley, City Manager 1. Resolution Adopting Memorandum of Understanding Between the City of Ukiah and the Fire Unit AP P ROV E D :~~ \..~,r~,~_~. ~. Candace Horsley, City~lanager 3:MOU~ASRMOU.FIR ATTACHMENT / RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF UKIAH AND THE FIRE UNIT WHEREAS, the Employee/Employer Relations Officer has met and conferred in good faith with representatives of the Fire Unit; and WHEREAS, a Memorandum of Understanding for the term of October 1, 2001 - September 30, 2005 has been arrived at; and WHEREAS, said Memorandum of Understanding has been presented to the City Council for its consideration. NOW, THEREFORE, BE IT RESOLVED that this Memorandum of Understanding is hereby adopted and the Employee/Employer Relations Officer is authorized to enter into this Agreement. PASSED AND ADOPTED this 1 st day of May 2002, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Phillip Ashiku, Mayor ATTEST: Marie Ulvila, City Clerk 3:mou\resmoufire ITEM NO. 10f. DATE: May 1,2002 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION AND ADOPTION OF RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING FOR EMPLOYEE BARGAINING UNIT- POLICE UNIT The City Manager and representatives of the Police Unit have met to discuss negotiation items for the contract term from October 1, 2003 - September 30, 2007. The current contract does not expire until September 30, 2003, however to provide time for the processing of mutually agreed upon PERS retirement contract amendments, the proposed Memorandum Of Understanding was negotiated early. The negotiations have resulted in a tentative agreement with the Police Unit. Staff recommends consideration of the Police Unit Memorandum of Understanding and adoption of the Resolution approving the MOU for the period of October 1,2003 through September 30, 2007. The proposed Memorandum of Understanding is being submitted for Council's review and discussion in closed session with the City Manager. If the City Council approves the agreement in closed session, then adoption of the attached resolution in open public session would be necessary. RECOMMENDED ACTION: Consider MOU and adopt resolution approving Memorandum of Understanding for the Police Unit for the term of October 1, 2003 - September 30, 2007. ALTERNATIVE COUNCIL POLICY OPTIONS: . Do not adopt resolution. Refer to Staff for amendments. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Melody Harris, Personnel Officer Candace Horsley, City Manager 1. Resolution Adopting Memorandum of Understanding Between the City of Uki~ab~nd the Police Unit. AP P ROVED;~""~i~~ "-l,,~Le,,~_ Candace Hor~ley, City M~nager 3:MOU~SRPOLICE \ ATT^CHMEN'I'--~ RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF UKIAH AND THE POLICE UNIT WHEREAS, the Employee/Employer Relations Officer has met and conferred in good faith with representatives of the Police Unit; and WHEREAS, a Memorandum of Understanding for the term of October 1, 2003 - September 30, 2007 has been arrived at; and WHEREAS, said Memorandum of Understanding has been presented to the City Council for its consideration. NOW, THEREFORE, BE IT RESOLVED that this Memorandum of Understanding is hereby adopted and the Employee/Employer Relations Officer is authorized to enter into this Agreement. PASSED AND ADOPTED this 1st day of May 2002, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Phillip Ashiku, Mayor ATTEST: Marie Ulvila, City Clerk 3:mou\resmou