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Home My WebLink About2006-08-02 Packet CITY OF UKIAH CITY COUNCIL AGENDA R~ular t,k~lng CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Uklah, CA 95482 August 2, 2006 6:00 P-m. ii ~~NS/PRESBNTATIONS a: p~on ~ring August as Bmasffeeding Awamnees Month - Rodin ~~ through "d" continued from July 19, ~ ~ulm' ~n;) a. Regular Meeting Minutes of April 19, 2006 b. Regular Meeting Minutes of June 21, 2006 c. Special Budget 06-07 Workshop Meeting Minutes of June 28 and 29, 2006 - d. Regular Meeting Minutes of July 5, 2006 e. Regular Meeting Minutes of May 17, 2006 6. RIGHT TO APPEAL DECISION dacision by a court. The City has adopted Secti~ 1094.6 o~ the California Coda of Ctvil ~re, which generally limits to ninety days (90) the time within which'the decision ofthe City Boarda and Agencies may 7. P..ONSENT CALENDAR The following items listed are considered routine and will be ana~ed bY a single motion and roll ~1 ~ or a citizen in which evant the item will be .considered at the complelk~ ~ all other items on the agenda- The motion by the City Council on the Corment Calendar w#l aplxove and make flndinge in accordance with Administrative Staff and/or Planning Commission raeonu~4ndatior~. a. Award of Bid for 35,45,50,55 and 70 Foot Class 3 Western Red Cedar Poles to J.H. Baxter Oo. in the amount of $21,243.gg b. Status of the Lake Mendocino Hydroelectric Power Plant Equipment Refurbishment Emergency c. Notif'~,ation to Council Regarding a Three-Year Contract in the Amount of $28,43g.04 with Evergreen Job & Safety Training to Provide Onsita .Job and Safety Training to the Electric Department d. Award of Bid for New 3/4 Ton Fire Department Pick-up truck to Malta Chevrolet Olds e .Award of Bid to Minor Rubber Co., Inc. Hydroelectric Plant Tainter Valve Modification, Ordering of Long Lead Time Components AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Coun~ ~ input from tbe audience, ff there is a matter of busineso on ti~e aganda that you am interested in, you may addrmm the Council whan this matter is (x)nsidered. ff you wlah to apeak on a matter that is not on this agenda, you may do so at this time. In order for eveqmee to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) mimJtes per subject is not listed on the agenda. 9. pUBUC HEARINGS (6:15 PM} a. Adoption of Findings and Final Action on Hull/Piffero Use Permit Application 10.1)NFINII~HED BUSINESS a. Receive Status Report Concerning Sign Ordinance Enforcement Activities and Provide Direction to Staff - Continued from July 19, 2006 b. Award of Contract to Fisher & Hall Urban Design for the Downtown/Perkins Street Community Visioning and Form Based Zoning Code Project and do Budget Amendment Consideration and Action to approve a Ballot Argument Regarding the Measure to Increase the Hotel and Motel Room Tax; discuss and Adopt Proposed Resolution the Use of Said Tax Adoption of Ordinance Amending Ukiah City Code Section 1151, Regarding Appointment of Planning Commission Members - continued from 7/19/06 11. NEW BUSINESS a. Review of Proposals and Selection of Second Consulting Firm to Perform Structural Engineering Plan Check and Substitute Building Inspection Services 12. (~ITY MANAGEWCrTY CLERK REPORTS a. Conference with Real Property Negotiators (ecs 54956.8) Property: 107 South Oak Street, Uldah Agency Negotiator:. Candace Horsley Negotiating Parties: City of Ukiah/saturday Afternoon Club Under Negotiation: Price and terms of payment b. Conference with Legal Council-Anticipated L'dJgation (GCS 5496..9C) Initiation of Litigation (1 Case) I~/Ik0JOURNMENT Please be advised that the City nccds to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. I hereby certify under penalty of perjury under the lawa of the State of California that the foregoing agenda wa~ posted on the bulletin board at the main entrance of the City of Uklah'City Hall, located at 300 Seminary Avenue, Uldah, California, not le~ than 72 hour. prior to the meeting set forth on this agenda. GM] Petemon, City Clerk 2 5a CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting Minutee CIVIC CENTER COUNCIL CHAMBERS aoo Semir~ry Avenue Uldah, CA 95482 April 19, 2006 4:30- 5:30 pm: Role and 20% Procew.~ Membemhip, & 1. ROLL CALL 6:]6:02 PM Counc#membem Preeent: Crane, McCowen, Rodin, Staff Preeent: City Manager Horsley, Community Development Director Stump, and Ulvila.' Mayo Attomey Planning and 2. PLEDGE OF ALLEGIANCE Everyone recited the Pledge of Allegiance. 3. PROCLAMATIONS 6:16:25PM Mayor A~hiku mad the Proclamation of Ukiah" in recognition of workerskilled, the valley about the gatheri working men and Mr. Terry Union Workers. umbrella of the p.m. at County Proclamation and Memorial Day in the City and informing all residents of April 28' that is put on by the thi day. of Mendocino. County Coalition of purpose of the event. Under the has been established for workers' families. bi Vice WI Baldwin 6:23:15 PM Iroclaiming the week of April 24-30, 2006 as "TV-Tumoff Ann Frve child accepted the Proclamation and discussed the importance of 4. 6:26:54 pM City Manager Horsle¥ that the Ukiah Community Center Board of Directors were requesting funding for non-profit organizations from the grant program. Upon conclusion of discussion, staff was directed to agendize the issue. 5. APPROVAL OF MINUTES None. 6. RIGHT TO APPEAL DECISION 6:34:05 PM Mayor A~hlku read the Right to Appeal Decision. 7. CONSENT CALENDAR f. g. h. i. j. 6:34;31 PM Upon a request by Elizabeth Kirldey, Elecrical Distribution Engineer for the City of Ukiah, Consent Item 7.d. "Approved Resource 500 - Aggregate with Other Participants in Order to Have a Vote on the Development Committee", the 'City Council directed the City Clerk to add "Laeeen Municipal Utility Diet,ct" to "Resource 5(X)'. Approved Disbursements for Month of Mamh 2006; Received Report of Resolution of the Commission of the Northern California Power Agency (NCPA) Approving Expenditure of Funds to Complete the Year Overhaul; Authorize City Manager to Pay City's NCPA General Operating Reserve in an Amount of $30 Adopted Re~olution 2006-48 Approving Records Approved Resource 500 - Aggregate with Other Development Committee w/th the inclusion of Awarded Bid to Watthour Engineering Electric Meter Test Board in the Amount of ~ Approved Letter to FEMA Appeals Officer Reimbursement for Funds Expended on Adopted Reaolution 2006-49 Waiving County Facility in the City (327 North State Street), the in the AmoL rvices to Received Report to City Council Gardens for Observatory Park Awarded Contract to Lake Mendocino Hydroelectric Powel Authorized City Manager to Sign Intemet Cimuit for Primary MfS Rodin/Crone vote: AYES: ABSENT: None; Unit 3 Scheduled Frye- of Overhaul from Dept.); to Have a Vote on the Model 2350 Kent Oak Knoll - McCowen; Establishing a Govemment Code 25351; Native Turf Grass from Emerisa ~1.56; ,Services for the Contract for the City's Primary "a" through "j", carried by the following mil call Baldwin and Mayor Ashiku. NOES: none; 6:37:19 PM Mike the Design Review Board and dissatisfaction with 6:42:11 PM business, addl woodstoves. dated April 14, ~of Earth Lab Energy Systems in Wi#its, a wood and gas stove retail ' Air Quality Management District's proposal to eliminate to the City Clerk included, "Wood Buming Handbook" end a letter County Air Quality Management District. Courmilmember ~ stated this matter is the subject of a future presentation; Mr. Leveret to be notified. pUBUC HEARING ~6:15 P.M.} 6:46:46 PM Con~~ ~ Poeai~ Extermion of Ur. encv Ordirmn~e lmix~ina Moratorium on New Marllulma 6:47:05 PM City' Attorney Rapport stated that this Agenda item requests the City Council to extend the existing moratorium by one year. Conflicts between requirements from both State and Federal laws that the City is currently caught between, could be resolved due to existing litigation. City Attomey Rapport stated it will take a 4/5 vote of the City Council to extend the moratorium. Upon request by Mayor Ashiku, City Attorney Rapport read Paragraph 6. Items a, b, c, d, e, and paragraphs #7, #8, #10, citing dispensary problems in other jurisdictions as well as the City of Ukiah. Publio Hearing Opened: 6:S3:SS ~ Public speaking in opposition of the extension to the existing moratorium: Ukiah Morrison, Alea Walters RN, Reverend Jerimiah Crane, (who petition to 'tell C'.rty Council that Ukiah needs legal manj a twenty-two page Bumstead. Public speaking in favor of one dispensary overseen by a balar~e: Dane Wilkins, Director, Northem Caiifomia NORMAL, that creates a check and Public encouraging City Council to make medical Michael Toms. Public Hearing Cloeed: ?:~5:e4 ~ Mayor A~hiku reiterated that City expressed appreciation to the community. brought back due to legal issues and M/S McCowenR~ldwin to Adopt amended medical.marijuana dispensaries from May 17, immediately. Motion the followi~ McCowen, Rodin, Ashiku. a moratorium on new May 17, 2007, to take effect AYES: Councilmembers Crane, ~ENT: None. ABSTAIN: None. 10. lOa. Vice sever citing Campaign Reform Ordinance has taken over the past by several other municipalities. $50.00; voluntary contributions). 7:34:30 PM Public limit noi Opened the primary elements are: Disclosure limit recommended at at $100.00; displaying FPPC Forms on the City's website; contributions and election cycles (for acceptance of 7:35:01 PM Public speaking in favor of campaign reform 'and voicing support of various elements identified by the Sub-committee: Laura Fogg, Scott Cratty, Terry Poplawski, Scott Means, Alea Waters, Ron Epstein, Jan Moore, Gregg Foss, Richard Leeman Public speaking in opposition of Campaign Reform: None 3 Public comment olo~ed 7;~6:17 i'M Extensive diSCussion ensued regarding campaign contribution limits, voluntary spending limits, and campaign contribution and spending disclosure. Conaeneua to continue this item to another Council meeting. City Attomey Rapport requested to research whether there can be a contribution limit on an independent committee which is in or out of the City limits. 9:12:51 PM Recessed 9:22:57 PM Reconvened 10. UNFINISHED BUSINESS lOb. 9:23:01 PM Planning Director Stump reviewed his report to regarding the City's Sign Ordinance. activities 10. I, INFINISHED BUSINESS 10c. for Interim Public Utilities rondo: damaged equipment also bidders were of only G~ rejected the City's ~s in the utilize their terms and a bid. Their bid signi the forward to ,roject e refurbishment of the flood- to trade joumals. Four prospective mi Electric submitted a bid, for $545,000. GE ht, and their alternatives were to either terms and conditions following award of the ~ estimate of $250,000 to $350,000 for It as non-responsive. That would allow us to go to perform the work. Director Grande continued to ,000 to $350,000, and if the City were going to try 000 would' give the City a little bit of lee way. M/S to Number adopt Reeolution Mendocino authorizing $,500,000; carried by Baldwin, and Mayor Ashiku. the recommended action to reject General electric's Proposal City's Hydroelectric Plant Equipment Refurbishment RFP and that repair of flood damaged electrical components at the Lake be performed more economically by open market procurement and for hydroelectric plant repaim with a cap of following roll call vote: AYES: Councilmembers Crone, McCowen, Rodin, NOES: None. ABSENT: None. ABSTAIN: None. 11. 11e. NEW BUSINESS p~ ~f palace Hotel Am~raleal by Dana Burwell. Certified General Real Estate ~ 9:31:14 pM City Manager Homley provided a brief update regarding the appraisal, in the amount of $309,000., which is based on the value of the land only. Copies will be made available to the public and 4 developers for review and am available at the Civic center. The appmisar, Dana Burwell, will be present at a futura meeting to discuss the appraisal and answer questions. Councilmember McCowen requested a copy of the appraisal'be placed at the pUblic library. 11. 11b. NI~W BU~IN~ Dl~u~ion and Con~idemtion of Video Camerae in City Parlm to Aeeist with Cdme Pr~ftUOfl 9:36:18 PM Community/General Sewicee Director Sangiacomo discussed crime due to video surveillance. Director Sanglacomo stated of Petaluma and Colton who currently have cameras in place in Department has purchased a video system y i system could be utilized and modular units installed within vandalism in parks for this year is estimated at over $1 the in cities The City of Ukiah's Police the backbone of that associated with houm of staff time. Staff directed to bring back options: Review identify altemative systems such as web cameras c utilizi; the Police resla system; ~ issues. 11. NEW' BUSINESS 11c. 9:58:45 PM Interim Public Utilitle~ Director Murray City's Resource Adequacy Pregmm which Director Grande stated that identified the benefits. He believes it is cost Fedora seeking approval of the regulatory authority. this program and M/S Crarm/McCowen Resource vote: AYES: ABSENT: None. redline McCowen, of the Power Agency (NCPA) therein; carried by the following roll call and MayorAshiku. NOES: None. 11. 11d. )PM in previous between the City of Councilmembers None. ABSTAIN: Non®. iterh is within the parametem as discussed with Council been ratified by the Bargaining Unit. Resolution 2006-52, adopting Memorandum of UnderStanding the Electric Unit; carried by the following roll call vote: AYES: Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: 11. NEW BUSINESS 11e. ~n of Reeolution Amzrovin. Memorandum of Undemtendinu for Fire Employee Bamalnino Unit 10:01:55 PM City Manager Homley stated this item is within the parameters as discussed with Council in previous Closed Session and has been ratified by the Fire Employee Bargaining Unit. MfS Cmne/McCowen approving Resolution 2006-53, adopting Memorandum of Understanding between the City of Ukiah and the Fire Unit; carried by tim following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. 12. C,~)UNI~IL REPORTS 10:02:43 PM Coun¢ilmember Crone reported he attended a Mendocino Solid (MSWMA) meeting. Topics included stated that rote recycling incentives may be a better model in separated. Authority would be better Councilmember Rodin inquired about the status of North Transit Authority Memorandum of Understanding. North Coast Railroad Authority attomey Chris Neery. participating on the Library Advisory Board and will the upoomin~ and Mendocino he is working with she enjoys in Covelo. Counoilmember Baldwin requested that the agenda to discuss the feasibility study agreement; Commission with Councilmember Rodin. on Inland on the next Power 13. 10:07:1 City Manager Homley reported we now Adjoumed to Reconvened at Adjoumed to 14. a. Low Gap Owne of Ukiah (Gov't Code Section 54957) - APN# 001-020-09 Under and Terms of Payment 15. There being no the meeting was adjoumed at: 2:00 AM Gall Petersen, Transcribing Secretary 6 7 ~I~IINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, JUNE 21, 2006 5:00 p.m. Pr~entation by Mendocino County Department of Public Health, Building Healthy Communitlea li~. Unda Helland, health educator for the Mendocino County Department of Public Health presented a Public Health report on behalf of the Healthy Lifestyles Action Team of the Mendocino County Public Health Advisory Board. 5:25 p.m. Review of Preliminary Financial Reault~ for Fi~,al Year Ending June 30, 2006 Review of Preliminary Financial Reeulte For FICcal Year Ending Jun~ :~.,..~ 5:29:43 PM Finance Director McCann provided a preliminary review of the CUrrent year's financial results relative to budget by highlighting some key budget issues and introduced some items of interest for the upcoming budget approval process. A FY05-06 Recap Budget and Project Actual Summary and Highlights document was provided for reference. The document recap provided information pertinent to appropriations by City department, overall financial position, Measure S, General Fund, electric utility fund balances, and information conceming the separation of fire/ambuianca budgets. There were additional discussions conceming futura issues relative to rising interest rates, state budget impacts on local revenues, continuing escalation of monitoring and post-ciosure landfill costs, and establishment of new department for tracking animal control activities. '~e ROM.CALL Ukiah City Council met at a Regular Meeting on' June 21, 2006, the notice for which being legally noticed, at 6:00 p.m. Roll was taken and the following Councilmemberl were present: Crone, McCowen, Baldwin, and Mayor Ashiku. Councilmember abeant: Rodin. Staff present: City Manager Horsley, Finance Director McCann, Public Works Director/City Engineer Eriksen, Risk Manager/Budget Officer Goodrick, Associate Planner Uston, Associate Planner Lohse, Planning and Community Development Director Stump, Community/General Services Director Sangiacomo, and Recording Secretaq! Spazek. PLEDGE OF ALLEGIANCE 5:57:15 PM Mayor Ashiku led the Pledge of Allegiance. 3. PROCLAMATIO~ODU~O~RESENTATIONS 5:57:26 PM 3a. Introduction of ~ Enalnaer. Alan IMItv PuMIC Worlm Director/City 'Enginear Erilmen introduced the addition of Alan Hasty as the .City's new Assistant Engineer and provided a description of Mr. Hesty's professional background. 3. PROCLAMATIONS/INTRODUCTIONS/PR~NTATIONS 3b. P~ion bv Omni Mearm Ltd.. Reeardlna City-Wide Traffic and Circulation Study 5:59:36 PM Public Works Director/City Engineer Erikean provided an update to the Citywide Circulation and Traffic Study that is being conducted by Omni-Means, Ltd., Staff has been working closely with the consultants to ensure all issues and associated criteria are appropriately considered/addressed in this regard. 5b Regular Uklah City Council Meeting June 21, 2006 Page 1 The presentation/study update includes the following information: · The consultants looked at key Intersections currently operating at unacceptable levels of service (LOS) and addressed the issue of number of trips generated. · They anticipate a 40 percent increase in traffic in the UVAP area outside of the City. · One of tim reasons for delays in the study results and corresponding traffic study recommendations for improvements to streets and key intersections is the difficulty of assessing impact of potential developments on Lovers Lane and the former Masonite site. The next presentation by Omni Means concemJng the C~ywide Traffic Study will provide a more detailed list of the improvements and associated costs., which will include a draft circulation plan. Mayer .al~hiku stated it would be helpful to know what the anticipated traffic impact fees and corresponding fee schedule are so that effective decisions about any development can be made. Councilmember MeCewen understands the need to make assumptions in order to complete the study, but he is concemed that building these assUmptions into the study and basing a fee schedule on those assumptions might make these developments a foregone conclusion. The consultant indicated that they could do a presentation two ways, one with assumptions and one without. They want to be as realistic as they can so they can have an accurate fee schedule. The majority of the costs are going to be to the City where the improvements are not going to be in the City. City Manager I. lemley advised staff and the consultants met with County staff today to discuss the possibility of having a shared fee and the County was very open to this. 4. Pli~rTRONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES 6:33:57 PM a. ' M/S minutes of May 10, 2006, as presented; and carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: Councilmember Rodin. ABSTAIN: None. 6. RIGHT TO APPEAL DECISION 6:34:35. PM Mayer ~hila read the Right to Appeal DecisiOn. ~ONSENT CALENDA. R 6:35:01 PM Baldwin/Crone approving Consent Calendar items 'a" through "p" as follows: a. Received Report of Disbursements for Month of April 2006; b. Received Notification to Council Regarding the Sole Source Purchase of a Breaker Cabinet from Cooper Power Systems in the Amount of $11,686.57; Authorized Budget Amendment in Same Amount; c. Received Notification of the Expenditure of $8,501.48 To LN Curtis & Son's for the Purchase of OSHA Required Firefighter Protective Clothing; d. Received Status of the Lake Mendocino Hydroelectric Power Plant Equipment Refurbishment Emergency; e. Awarded Bid for Trucking Sen/ice to Off-Haul Soil from Westewater Treatment Plant to the Regular Ukiah City Council Meeting June 21, 2006 Page 2 NORCAL Waste Systems Hay Road Landfill to WiPf Construction at the Unit Price of $27.93 Per Ton for an Approximate Total of $20,947.50; f. Awarded Bid for Pumhase of a New Sullivan-Palatek Model D185Q11JD 185 CFM Air Compressor for the Water and Sawer Maintenance Department to Nation's Rents in the Amount of $11,899.91; Authorized Budget Amendment in Same Amount.;' g. Received Notification to the City Council of the Pumhese of 36,435,000 Gallons of Water at a Unit Price of $2.08 Per Thousand Gallons from Millview County Water District for a Total Amount of $7,469.18; Authorized Budget Amendment of Same Amount; h. Received Notification to Council Regarding Award of Consultant Contract to Santinel Archaeological Resaamh, LLC for Archaeological Monitoring Sarvices for the Westewater Treatment Plant Improvement Project in the Amount of $8,894.00; i. Awarded Bid for Purchase of a 2006 Toyota Prius (Hybrid Vehicle) for the Public Utility Department in the Amount of $23,816.16; j. Received Report To City Council Regarding The Purchase Of Services From Arrow Fencing To Replace Damaged Fencing At The Ukiah Sports Complex In An Arnount of $8,000; k. Approved Purchase Replacement Computer Equipment from Dell Marketing, L.P. in an Amount Not to Exceed $43,216.94; I. Awarded Acquisition of a Marking Truck to Line Master Engineeringfor the Department of Public Works in the Amount of $73,985.46 Funded through the Equipment' Replacement Fund Budget; m. Awarded Bid to Dimension Ford West for the Purchase of a New 2007 sA Ton Truck with a Modular Animal Transport Body in the Amount of $36,650.25 and Approved Budget Amendment; Received Report to City Council Regarding the Purchase of Bollards for Park Entrances from Cai Pipe Bollards in the Amount of $8,254.73; Received Report to the City Council Regarding Acquisition of Sarvices from City of Light Sound and Recording for Sound Management and Equipment Mobilization for the 2006 Sundays in the Park Concert Saries an Amount Not to Exceed $8,700; p. Awarded Bid to Pitney Bowes, Inc. for the Purchase of a D1950 Premium Package W/Omar Reader Folder/Inserter System in the Amount of $27,542.30. Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: Councilmember Rodin. ABSTAIN: None. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS 6:35:45 PM John Graft commented on the sacrifice of people dying in wars and emphasized the importance of preserving the right to fly the flag. He then gave his opinion about this right and asked the City Council to do what it can to stop allowing our flag to become an issue. 6:38:06 PM 9. PUBLIC HEARINGS 6:38:26 PM Aaaocim Planner Li~ton stated a property owner is proposing to divide a residential parcel into two parcels, one of which would be approximately six inches short of the minimum 60-foot street frontage requirement. The project required a variance, from the City's zoning requirements where on April 12, 2006, the Ukiah Planning Commission conducted a public hearing and approved the variance. The applicant is also seeking an exception to the frontage requirement of the Subdivision Ordinance. The Planning Commission discussed the matter and recommends the City Council approve the subdivision exception for relief from the 60-foot street frontage Regular Ukiah City Council Meeting June 21, 2006 Page 3 requirement. Staff clarified that both the subdivision exception application and the vadance application seek to create a lot that is six inches short of the minimum required, based on different codes. Public Hearing Opened: I~. Li~ton indicated the Planning Commission and staff recommends City Council approve the Minor Subdivision Exception, as well as the Mitigated Negative Declaration prepared for the exception. She presented the findings supporting approval that address the matter of special cimumstances, substantial property right, and public welfare. No one from the public came forward. Public Healing Cloeed: 6:41:22 PM M/S MeCewen/Crane approving the Mitigated Negative Declaration prepared for the Minor Subdivision Exception No. 05-49, Martin Gaclea, appl~nt; and carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: councilmember Rodin. ABSTAIN: None. M/S MeCower~Crane approving Minor Subdivision Exception to allow a lot that is approximately six inches short of the minimum frontage requirement at 733 South Oak Street, Martin Gadea, applicant; and carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: Councilmember Rodin. ABSTAIN: None. 9. PUBUC HEARINGS 9b.l~u~en 9f ~)~inanoe Amendina the Zonina Code to AJlow Entrvwav Trellise6 to be P.,or~rl~ Wll~11rl Front Yard SMbee~ M on Pamela in the R-1 (Sinela Family Residential Dl~rict~} Planning Director Stump stated the Ukiah Planning commission reviewed the matter of adding language to the Zoning Code that would allow entryway trellises to be constructed within front yard setback areas on May 24, 2006. Specifically, the project involves adding subsection "E" to Section 9020 of Article 1 of Chapter 2 (Zoning) of Division 9 of the Ukiah Municipal Code to allow property entryway trellises providing they are located in the front yard setback areas and provided: a. The trellis does not exceed a maximum height of 10 feet. b. The trellis is not more than 10 feet wide. c. The trellis is not located in the publiC right-of-way. d. The trellis does not obscure or block vehicular traffic lines of sight. e. The trellis does not impede or block pedestrian circulation. f. The trellis does not pose a threat to the public health and safety as determined by the City Building Inspector. _ g. The trellis does not hinder the ability of the Fire Department from accessing the property with emergency equipment and providing emergency services. h. A Building Permit is secured in accordance with the Uniform Building Form. Publi~ Hearing Opened: 6:45:16 PM Regular Uklah City Council Meeting June 21,2006 Page 4 No one from the public came forward. Public Hearing Cloud: 6:4:5:20 PM M/S CranWMeCowen Introducing Ordinance by Title .Only; carried by the following roll call vote: AYES: Councilmernbers Crane, McCowen, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: Councilmember Rodin. ABSTAIN: None. City Clerk/Recording Secreteq/read title of Ordinance, "An Ordinance of the city Council of the City of Ukiah Amending Section 9020 of Article I of Chapter 2 (Zoning) of Division 9 of the Ukiah Code'. M/S McCowen/Baldwin Introducing Ordinance; carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Baldwin, and Mayor AShiku. NOES: None. ABSENT: councilmember Rodin. ABSTAIN: None. 10. UNFINISHED BUSINESS 6:47:14 PM Community/General Se~ce~ ' - the ~'referenced project is in collaboration with the SotoYOme and MendocinO Resources Conservation Districts and is funded by a number of local and state agencies. Public Hearing Opened: 6:48 p.m. No one from the public came forward. Public Hearing Clo~ed: 6:49 p.m. M/S McCowen/Baldwin certifying that the City council has reviewed and considered the information contained in the Mitigated Negative Declaration for Giant Reed (Arundo donax) Removal and Riparian Habitat Restoration in the Russian River Watershed prepared by the Sotoyome Resource conservation District; carried by the following roll call vote: AYES: councilmembers Crane, McCowen, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: Councilmember Rodin. ABSTAIN: None. And M/S MeCowen/Baidwin authorizing the City Manager to negotiate and execute an access agreement as amended by the Addendum with Circuit Rider Productions Inc. for giant reed removal and habitat restoration on City property; carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: Councilmember Rodin. ABSTAIN: None. 10. UNRNISHED BUSINESS 6:49:26 PM 10b. R~view and A~xo~! of :Modification~ to an ~nmme Intmd~ bv the City Regular U~ City Council Meeting june 21, 2006 Page 5 ¢ImDter I the Uklah City Code. Pertainincz to Subdivieion. and Division 9. Chapter 2. Pertainina to Zonina Planning/Community Development Director Stump explained the Ordinance, and stated the Planning Department recently initiated an Ordinance Amendment (OA 06-11) to change regulations governing minor subdivisions of land with~lots having less public street frontage than required under the current UMC provisions. The proposed amendment clarifies City standards contained within both the Zoning Code and Subdivision Ordinance to eliminate redundant/inconsistent regulations that currently apply to land divisions. The Planning Commission unanimously voted to recommend the City Council adopt the Ordinance. Public Hearing Opened: 6:51:38 PM No one from the audience came forward. Publ~ Heafln~ Cloeed: 6:51:43 PM M/S Baldwin/MeCowen approving the proposed modifications to the introduced Ordinance and introducing Ordinance by Title Only; carried'by the following roll call vote: AYES: Councilmembers Crane, McCowen, Baldwin, and Mayor 'Ashiku. NOES: None.' ABSENT: Councilmember Rodin. ABSTAIN: None. City Clerk/Recording Secretary read title of Ordinance, 'An Ordinance of the City council of the City of Uldah amending and deleting certain sections from Division 9, Chapter I of the Uldah City Code, pertaining to subdivisions, and Division 9, Chapter 2, pertaining to zoning', M/S Baklwin/MeCowen Introducing Ordinance; carried by the following roll call vote: AYES: councilmembers Crane, McCowen, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: councilmember Rodin. ABSTAIN: None. 10. UNRNISHED BUSINESS 40c. 6:52:27 pM Planning/Community Development ~ ~mP stated the purP°se of this agenda item is to provide Council with a status report of the Downtown/Perkins Street Corridor Community Visioning and Form Based Code project. An interview panel was formed~ at the direction of Council .to interview the three consulting firms who submitted proposals. The panel conducted the interviews on June 19, 2006, and unanimously made recommendations conceming selection of a qualified consultant and the associated planning sequence. Public Hearing Opened: 6:52:38 PM No one from the audience came forward. Public Hearing Cloeed:6:52:43 PM By Cone4neue, Council received the report. 10. UNRNISHED BUSINESS 1Od. Re(Mw Conoemina Si-n Ordinanoe Enforcement A(~vitlel 6:53:49 PM Regular Ukiah City Counci! Meeting June 21, 2006 Page 6 Planning/Community Development Director Stump reported in his discussion with Council concerning sign code violations, Council suggested that in addition to focusing on unauthorized banner signs, staff work on non-complying A-frame signs, abandoned signs, and other sign violations. Councilmember Baldwin has seen some progress, and inquired regarding City policy for frequent violators. Planning Director Stump replied the City does not have a policy in this raga .rd. Councilmember McCowen anticipates that in a couple of months Council can move forward on adoption of a revised Sign Ordinance. Mayor A~hiku does not favor unnecessary micro-managing where the appropriate approach would be to provide effective education. Public Hearing Opened: 7:01 p.m. No one from the audience came forward. Public Hearing Cloead: 7:02 p.m. By Coneanaua,.Council received the report. 7:03:53 PM 10. UNRNISHED BUSINESS l Oe. 101~ #nd ~lble Introduction of R®vlead Ordinance Conoemina the Am~ntment of Plannirm ~~- Aahiku 7:03:57 PM Mayor A~hiku stated that at the regular February 15, ~ Council meeting, Council directed the City Attorney to prepare a draft Ordinance amending the current system of appointing to nominate a Commissioners. The revised ordinance would permit each Councilmember Commissioner requiring final ratification by a vote of the full Council. Public Hearing Opened: 7:]2:02 PM Steve Scalmanini stated the current method allows for diversity with each having a choice. Public Hearing CIoaed: 7:13:37 PM Councilmember Councilmember McCowen supports making a change whereby each Councilmember, as a courtesy, has the right to nominate a Commissioner of his/her choice with the expectation that the majority of the council would unanimously approve the selection; There should be a 'check and balance" in the rare cimumstance when someone is clearly not qualified to perform the functions of a Planning commissioner.. Councilmember Crone made a motion to continue this item. Councilmember Baldwin seconded the motion. Councilmember McCowan stated the proposed change is reasonable. The.objections raised to Regular Ukiah City Cour,:il Meeting June 21, 2006 Page 7 the Ordinance only have validity ff one assumes ulterior motives on the part of one's peers. Councilmember Crane supports that the revised ordinance is an improvement over the process currently in effect. However, Planning Commission decorum is an important factor to him. City Attorney Rapport stated that the City Code provides that a Commissioner serves at the pleasure of the Council and can be removed at any time. Furthermore, Finding No. 4 of the · revised Ordinance reads, "It is the expectation of the City Council that the Commissioner nominated by a City Council member will be approved by a majority vote of the City Council, except in unusual circumstance, where a majority of the City Council does not believe that the candidate is suited to perform the functions of a Planning Commissioner, which include an ability to understand and apply the laws and standards that apply to Commission decisions, listen carefully to evidence and argument presented during Commission meetings, make reasoned decisions and clearly articulate positions." M/S CranelBaldwin to continue item. NOES: Councilmembers Crane, McCowen, and Mayor Ashiku. YES: Baldwin. ABSENT: Councilmember Rodin. ABSTAIN: None. Counciimember Crane recommended adding language to Finding No. 4 relating to a Commissioner's ability to follow the rules of conduct of the Planning Commission that would read 'It is the expectation of the City Council that the Commissioner nominated by a City Council member will be approved by a majority vote of the City Council, except in unusual circumstance, where a majority of the City Council does not believe that the candidate is suited to perform the functions of a Planning Commissioner, which include an ability to understand and apply the laws and standards that apply to Commission decisions, listen carefully to evidence and argument presented during Commission meetings, follow the rule~ adopted by the Commleeion, make reasoned decisions and clearly articulate positions.' M/S McCowenfCrane approving amendment as discussed to and Introducing Ordinance by Title Only; carried by the following roll call vote: AYES: Councilmembers Crane, MCCowen, and Mayor Ashiku. NOES: Baldwin ABSENT: Councilmember Rodin. ABSTAIN: None. City Clerk/Recording Secretary read title of Ordinance, 'Ordinance of the City Council of the City of Ukiah Amending Section 1151 of the Uidah City Code pertaining to the membership of and appointment'of members to the Ukiah Planning Commission'. M/S McCowen/Crane Introducing Ordinance; carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, and Mayor Ashiku. NOES: Baldwin. ABSENT: Councilmember Rodin. ABSTAIN: None. 11. NEW BUSINESS 7:40:09 PM 11a. City Manager Homley recommended re.advertising and then scheduling interviews. City Council directed staff to m-advertise for recruitment of members to the above-named Committee/Commissions. 11.NEW BUSINESS7:42:01 PM Regular Uklah City Council Meeting June 21, 2006 Page 8 11b. Diw~u~ion and Poe~ible ADDrOVal of Memorandum of Undemtendina for Preliminary Review for Develomnent of Potential Water Sumdv City Manager Homley reported the various water districts/public agencies in the County have met to discuss developing additional water supplies and cooperating with one another on other projects in order to effectively improve water availability and sewice to customers. The MOU is being brought before the City Council for the first time. The MOU places an expenditure cap of $90,000 on the cost of the feasibility study, but the actual cost could be less. Each agency can decide whether it has an interest in further exploring the feasibility of the project. City Attorney Rapport reviewed the agreement and proposed some changes should Council decide to enter into an MOU. Hopland PUD has developed a draft MOU to explore the basic feasibility of the project. Counoilmember Crane stated this concept takes into account collection of winter water and it may provide some opportunities for reuse. The most interesting aspect of the project is that it involves a group of water purveyors trying to work toward a common goal. Public Healing Opened: 8:02:08 PM Barbara Spezek spoke for Mendocino County Inland Water and Power Commission and the Russian River Flood Control and Water Conservation Improvement District conceming the proposed project. Ro~s Mayfleld spoke regarding the MOU. Public Hearing Closed: 8:]7:57 PM Councilmember McCowen supports the idea of six water agencies working together to achieve a common goal. Councilmember McCowen referred to suggested point no. 2 of the staff report concerning additional language and clarified that each agency has the same right regarding selection of the consultant, the RFP, etc. He favored that whatever the majority of the agencies agree to is what should be considered. He supports all the suggestions except nos. 4 and 6. The subject of appointment of agent came up and it Was agreed that no decision is necessary at this time. Councilmember Baldwin suggested checking with Russian River Flood Control agency about the matter of additional water for customers. The Council is supportive of pursuing the feasibility study and gave direction to City Attomey Rapport regarding suggested revisions to the corresponding MOU. It was the consensus of the Councilmembers present to bring this matter beck to Council for further review. 11.NEW BUSINESS 8:41:09 PM 11c. Cormi~ of Ballot Meaeure~a} for the November 7. 2006 Genend Municipal Council discussed the matter, supported including a ballot measure, to raise the room occupancy Regular Uklah City Council Meeting June 21, 2006 Page 9 tax and gave staff direction in this regard.' 11. NEW BUSINESS 8:46:52PM 11d. ,~lMeflon 9f qOl, lf~il ~mittee for Chamber of Commerce Contract Coun~ilmember Mc~,owen is rolling to serve in the capacity U an alternate to the Chamber. He was also willing to be on the subcommittee ~ Councilmember Rodin. Public Hearing Opened: 8:49:54 PM No one from the public came forward. Public Hearing Clo~ed: 8:49:57 PM M/S CmngBaldwin appointing Council subcommittee for Chamber contract discussions carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: Cour'rcilmember Rodin. ABSTAIN: None. Mayor A~hiku appointed Councilmember McCowen to serve as an altemate to the Chamber. 11.NEW BUSINESS 8:50:35 PM Cloeed Semdon Item 8:51:21 PM 11e. A~m'oval of Letter of Aereement with Vent and Marilvn Watldn$ 12. COUNCIL R~ 8:50:57 PM Councilmember McCowen announced the opening of the Rebuild Store by the Ukiah Community Center located at 195 E. Gobbi Street. It is a fund miser for the food bank and is open Saturday and Sunday mornings. 13. CITY MANAGER/CITY CLERK REPORTS 8:55:12 PM City Manager Homley reported a joint budget meeting with the Ukiah Valley Sanitation District will be conducted Wednesday, June 28, 2006. City Manager Homl~ reported an interview with the final three applicants for Director of Public Utilities will be Friday, June 30, 2006. Adjourned to the Uldah Redevelopment A~tcy: 8:56:43 PM Reconvened: 9:09:38 PM Adjourned to Cloled Semiion: 9:10:51 PM 14. CLOSED SESSION Property: 120-A Leslie Street City Negotiator:. Candace Horsley Negotiating Parties: City of Ukiah/Vemon Watkins Under Negotiation: Price and terms of payment Reconvened: 9:29:28 PM 11. NEW BUSINESS Regular Uklah City Council Meeting June 21, 2006 Page 10 11e. A=Droval of Letter of A~zreement with Vem and Marilvn Watldne (Clot~;I ,~.mion) M/S Baldwin/McCOwen approving Letter of Agreement with Vem and Madlyn Watkins; carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: Councilmember Rodin. ABSTAIN: None. 15. ADJOURNME~ Them being no further business, the meeting was adjoumed at 9:30:41 PM. Mark Ashiku, Mayor Cathy Elawadly, Tmnscriptionist. Regular Ukiah City Council Meeting June 21, 2006 Page I ] CITY OF UKIAH CITY COUNCIL BUDGET 06-07 WORKSHOP 300 Seminary Avenue [~ ~ ~ [~ c~cIVIC CENTER COUNCIL CHAMBERS June 28 and June 29, 2006 MINUTES 5c ROLL CALL Meeting called to order June 28, 2006, at 8:07 a.m. by Mayor Ashiku. Present: Councilmembers Crane, McCowen, Rodin, and Mayor Ashiku. Absent: Vice Mayor Baldwin. Staff present: City ManaGer Horsley, Risk Manager Sue Goodrick, Finance Director Mike McCann, Planning Director Charley Stump, Public Works Director/City Engineer Tim Eriksen, and Water Utilities Project Engineer Ann Burck. Councilmember McCowen introduced a Resolution honodng Sgt. Jason J Buzzard and expressing condolences to his family; the resolution will include signatures of all City Council Members. M/S McCowen/Rodin adding a Resolution honodng Sgt. Jason J Buzzard and expressing condolences to his family to the agenda, carried by the following Roll Call vote: AYES: Councilmembers Crane, McCowen, Rodin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: Vice Mayor Baldwin. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. NONE 8:10:29 AM PUBLIC HEARING ' CONSIDERATION AND ADOPTION OF FISCAL YEAR 2006-2007 BUDGET - Wednesday, June 28, 2006, 8:00 a.m. Mayor Ashiku addressed the format for today's hearing, requesting Staff limit comments and keep questions specific. A. Overview of Proposed Budget by City Manager City Manager Horsley reviewed the agenda and stated the staff will address budget items that include new personnel, significant changes, or significant projects and not address. each budget item unless questions arise. B. Review of General Budget Figures i. Summary by Activity or Function and Fund Summary (page ES 4) ii. Schedule of Transfers (page ES 8) iii. Debt Summary (page ES 9) Director of Finance Mike McCann addressed the City Council regarding Funds, transfers and debt. iv. Authorized Personnel (page ES 11) City Manager Horsley stated the addition of five new General Fund and five new Enterprise Fund positions. v. General Fund Summary, Revenues, and Expenditures (page ES 18) Director of Finance McCann stated that an increase in revenues, approximately 10 percent, is expected and expenses have increased approximately 5.2 percent (not including Measure S). Page 1 of 6 Review of General Fund/Enterprise Fund Accounts i. PLANNING a. Community Planning (page 59) b. Building Inspection (page 65) Planning Director Charley Stump stated there are few changes; funds have been set aside for the Downtown Perkins Street Form Based Code Project and for training. Ii MUNICIPAL AIRPORT & SPECIAL AVIATION (page 319) Postponed to the June 29, 2006, 8:00 am session iii. PUBLIC WORKS 8:53:44 AM a. Engineering and Administration (page 110) b. Street Maintenance (page 119) c. Corporation Yard (page 126) d. Signalization Fund (page 130) e. Bddge Fund (page 132) 'f. Gas Tax and Construction Projects (page 134) g. Municipal Garage (page 150) h. Solid Waste Disposal Site (page 157) Director of Public Works/City Engineering Eriksen reported an increase in asphalt costs and to the Corp Yard budget to meet new requirements for disposal of garage waste. Director Eriksen reviewed the Gas Tax funds and construction projects and the need for a Public Works Project Manager. Discussion ensued regarding the landfill costs, funding, and the Region Water Quality Board issue. 8:58:02 AM iv. FINANCE a. Finance Administration and Accounting (page 36) b. Information Technology (page 41) c. Downtown Business Improvement District (page 69) d. Purchasing (page46) e. Billing and Collection (page 52) Director of Finance McCann stated the need for a Purchasing Clerk. Adjourned to start the Special Joint Meeting of the Ukiah City Council and Ukiah Valley Sanitation District 9:04:05 AM TIMED ITEMS SPECIAL JOINT ~ETING OIF THE UKIAH CITY COUNCIL AND UI('JAH VALL~L~ SANITATION DISTriCT Wednesday, June 28, 2006 -9:00 a.m. ROLL CALL Meeting called to order June 28, 2006, at 9:20 a.m. by Mayor Ashiku. Present: Councilmembers Crane, McCowen, Rodin, and Mayor Ashiku. Absent: Vice Mayor Baldwin. Staff present: Ci~ Manager Horsley, Risk Manager Sue Goodrick, Finance Director Mike McCann, Water Utilities Project Engineer Ann Burck, Wastewater Treatment Plant Supervisor Bill Pounders, and Supervisors Wattenburger and Wagenet. Water Utilities Project Engineer Burck gave an overview of the proposed budget and requested two new positions. Finance Director McCann provided a synopsis of the bond financing. 9:11:06 AM Extensive discussion followed regarding tracking operating expenses and revenue; an independent audit, and the request for the new positions. Page 2 of 6 M/S Wagenet/Crane to approve the 2006-2007 Ukiah Valley SanitatiOn District Budget as presented noting it is a service contract between the City of Ukiah and the Ukiah Valley Sanitation District, can'ied by an all AYES vote: Chairman Wattenburger, Directors Wagenet and Crane. PUBLIC EXPRESSION -Mike Johnson stated one entity should have jurisdiction over the entire UVSD area in order to become more efficient and cost effective. 9:48:58 AM Public Hearing Closed; Meeting adjourned 9:42:42 AM PUBLIC HE~RING - CONSIDERATION AND ADOPTION OF FISCAL YEAR 2006-2007 BUDGET Continued-Wedneeday, June 28, 2006, 10:00 a.m. C. Review of General Fund/Enterprlee Fund Accounts v. FIRE DEPARTMENT a. Fire (page 99) b. Fire Volunteers/Explorers (page 108) Measure S (page 75). Fire Marshal Yates stated the need for an additional position of Fire Prevention Captain. Battalion Chief Jennings presented the need for Swift water Rescue Equipment and boat. Due to the swift water rescue boat and equipment, hazardous material and USAR equipment not being covered by grant funding, consideration of funding is requested. No major changes, increases in cost of doing business. vi. PUBLIC UTILITIES a. Water (page 299) Water Utilities Project Engineer Burck requested a new position for the water treatment plant, addressed increases in operating costs, stated the need for new equipment, and .reviewed ongoing and new projects. vii. ELECTED AND APPOINTED OFFICIALS a. City Council (page 1) b. City Clerk/Elections (page 5) c. City Treasurer (page 12) d. City Attorney (page 15) viii. CITY MANAGEMENT AND ADMINISTRATION a. City Manager (page 18) b. Personnel/Risk Management (page 22) c. Administrative Support (pages 26) d. Community Outreach/Public Information (pages 30) e. Miscellaneous General Government (Pages 33) City Manager Horsley reviewed the City Council, City Clerk/Election, City Treasurer, City Attorney, City Manager, Administrative Support, Community Outreach/Public Information, and Miscellaneous General Government budget changes. No questions were asked, ix. OTHER FUNDS a. Equipment Reserve (page 328) b. Special Revenue (page 329) c. Community Development Block Grant (page 333) d. Economic Development Block Grant (page 334) e. Community Development Commission (page 335) f. Equipment Replacement (page 336) g. Special Projects Reserve (page 339) h. Worker's Compensation Insurance (page 343) i. Liability Insurance (pages 344) Finance Director McCann and City Manager Horsley addressed the Equipment Reserve, Special Revenue, Community Development Block Grant, Economic Development Block Grant, Community Development Commission, Equipment Replacement, Special Projects Page 3of6 Reserve, Worker's Compensation Insurance, and Liability Insurance budget changes. o ADJOURNMENT: TO MEET AS THE UKIAH REDEVELOPMENT AGENCY Meeting adjoumed at 11:33 am. UKIAH REDEVELOPMENT AGENCY MEETING ROLL CALL Meeting celled to order June 28, 2006, at 11:38 a.m. by Chairman Ashiku. Present: Commissioners Crane, McCowen, Rodin, and Mayor Ashiku. Absent: Vice Chairman Baldwin. Staff present: City Manager Horsley, Risk Manager Sue Goodrick, Finance Director Mike McCann, and Planning Director Charley Stump. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The Redevelopment Agency welcomes Input from the audience. It there is a matter of business on the agenda that you are interested in, you may address the Agency when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. None PUBLIC HEARING - CONSIDERATION AND ADOPTION OF FISCAL YEAR 2006-2007 BUDGET A. Overview of Proposed Budget by Executive Director i. Fund Summary ii. Debt Summary iii. Authorized Personnel B. Review of Redevelopment Fund Accounts i. Administrative ii. Housing iii. Capital Improvement iv. Debt Service Finance Director McCann and City Manager Horsley provided the overview of the proposed bUdget by the Executive Director and review of Redevelopment Fund Accounts. C. Adoption of Resolution Approving Ukiah Redevelopment Agency Fiscel Year 2006-2007 Budget M/S RodinlMcCowen approving the adoption of Resolution approving the Ukiah Redevelopment Agency Fiscal Year 2006-2007 Budget, carried by the following Roll Call vote: AYES: Councilmembers Crane, McCowen, Rodin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: Vice Chairman Baldwin. Meeting of the Ukiah Redevelopment Agency adjourned at 12:00 pm. ADJOURNMENT; TO RECONVENE AS THE CITY (~OUNCIL 5:36:59 PM The meeting was called to order Wednesday, June 28, 2006, at 5:3= p.m. by Mayor Ashiku. Present: Councilmembers McCowen, Rodin, Baldwin, and Mayor Ashiku. Absent: Councilmember Crane. Staff present: City Manager Horsley, Risk Manager Sue Goodrick, Finance Director Mike McCann, Community Services Director Sangiacomo, Jim Hughes (golf course maintenance), Kerry Randal and Terry Nelson (Conference Center) Police Chief Williams, and Administrative Captain Dewey. Mayor Ashiku reiterated the method in which to address the Council and opened to audience. No audience present. Page4 of 6 J ~Bt, lC HEARING - CONSIDERATION AND ADOPTION OF FISCAL YEAR 2006-2007 BUDGET Continued- Wednesday, June 28, 2006, 5:30 pm 5:36:59 PM ~ continued Review of Police Department Budget Fiscal Year 2006-07 a. Police (page 79) b. Major Crimes Task Force (pages 87 c. Police Reserves and Cadets (page 89) d. Supplemental and Local Law Enforcement (page 91) e. Dispatch (page95) Police Chief Williams informed the City Council of the four police officer positions that have been filled, requested a traffic officer and public safety mechanic which will be partly funded by Measure S, and stated the increases in training costs. Review of Community Service Department budget Fiscal year 2006-2007 a. General Government Buildings (pages 170) b. Parks (page 174) c. Park Development Fund (page 181) d. Animal Control (page 183) e. Recreation, Administration (page 187) f. Recreation, Sports and Programs (page 193) g. Aquatics (page 207) h. Grace Hudson/Sun House Museum (page 211) i. Municipal Golf Course (page 220) j. Parking District (page 226) k. Ukiah Valley Conference Center (page 231) Director of Community Services Sangiacomo stated the need for a Building Leadworker and a Parks Service Worker; the increases in animal control costs; the purchase of 2 general fleet vehicles; recreation, aquatics, parks, 'museum, parking district and Conference Center were addressed. Budgets were reviewed by the Parks, Golf, and Recreation Commission which requests the City seek out partnerships in funding park activities. Meeting adjourned at 6:50 pm. 3. PUBLIC.. HEARING - CONSIDERATION AND ADOPTION OF FISCAL YEAR 2006-2007 BUDGET - Continued-- Thursday, June 29, 2006, 8:00 a.m. ~ continued Meeting was called to order Thursday, June 29, 2006, at 8:07 am. by Mayor Ashiku. S:07:50 .AM Present: Councilmembers Crein, McCowen, Rodin, and Mayor Ashiku. Absent: Vice Mayor Baldwin. Staff present: City Manager Horsley, Risk Manager Sue Goodrick, Finance Director Mike McCann, Tim Eriksen, Interim Director of Public Utilities Murray Grande, Electrical Distribution Engineer Liz Kirkley. MIS McCowenlRodin approving a Resolution honoring Sgt. Jason J Buzzard and expressing condolences to his family, carried by the following Roll Call vote: AYES: Councilmembers Crane, McCowen, Rodin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: Vice Mayor Baldwin. Page 5 of 6 Review of Public Utilities, Electric department Budget Fiscal Year 2006-07 a. Electdc (page 263) b. Street Lighting (page 289) c. Electdc Public Benefit (page 291) d. Traffic Signals (page 296) Intedm Director of Public Utilities Grande reported on an overall 8 percent decrease in thiS budget's expenditures over last year; the infrastructure improvements and tools and training needed; and the need for a new position of Engineering Tech III. Review of General Fund/Enterprise Fund Accounts Continued ii MUNICIPAL AIRPORT & SPECIAL AVIATION (page 319) City Manager Horsley reported on behalf of Paul Richey. An increase is expected for this year's fund balance, a seasonal position has been hired, hanger and sweeper acquisitions are being requested. Staff will come back with more information on the sweeper. Measure S Public Works Projects Identified Public Works Director/City Engineer Tim Eriksen identified four posSible projects: 1. Traffic signals at Perkins Highway 101 off ramp 2. Storm drain Perkins Street to reduce flooding 3. Storm drain on Clay-west of Clay through Dora 4. State Street paving project Mayor Ashiku recommends sidewalk repair and development. Extensive discussion followed. The Public Works proposed Measure S projects and funding available to complete them will be revisited at a later date. Discussion ensued regarding Measure S funds and the Fire Department's request for'. Swift Water Boat, Hazardous Material Equipment, and USAR Equipment. Consensus of City Council is to authorize purchase of the Swift Water Boat in the amount of $22,000 and continue the approval of the Hazardous Material Equipment and US,AR Equipment pending review of the Fire Master Plan and possible Homeland Security funding. Consensus of the City Council is to approve all new personnel with the option of reviewing the position level of the Fire Prevention Captain. The Public Works Project Manager Position will be revisited at a later date. Website development in the amount of $7,000 was added to the 2006-2007 Budget based on prior Council action in March 2006. D. ,Adoption of Resolution Approving City of Ukiah FY 2006-2007 Budget (page ES 1). MIS McCowen/Crane adopting Resolution 2006-61 approving the City of Ukiah FY 2006- 2007 Budget including revisions referenced above, carried by the following Roll Call vote: AYES: Councilmembers Crane, McCowen, Rodin, and Mayor ,Ashiku. NOES: None. ,ABST,AIN: None. ,ABSENT: Vice Mayor Baldwin. ADJOURNMENT OF MEETING Meeting adjourned 10:00 am. Jo,Anne M. Campbell Transcribing Secretary Fa~,e 6 of 6 _Sd MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, JULY 5, 2006 The Ukiah City Council met prior to a Regular Meeting on July 5, 2006, the notice for which being legally noticed on June 30, 2006. Vice Mayor Baldwin called the meeting to order at 4:58 pm. Roll was taken and the following Councilmembem preeent: Crane, McCowen, Rodin, and Vice Mayor Baldwin. Mayor Ashiku arrived at 5:08 p.m. Staff preeent: City Manager Horsley, Information Technology Supervisor, Steve Butler, Information Technician, Jeff King, Finance' Director, Mike McCann, Deputy City Clerk Petersen 5:00 p.m. - W~ Worlmhop - Susan Hemandez as a two-phase approach. Phase one is designed to reform the webeite to be more user-friendly; phase functions with interactive capabilities such as the ability eom update and revision on the website and level of website etc. Worlmhop Opened to the Public: No public A lengthy exchange of questions, answers and as folloWs: · Public input ), have questionnaire :~ include ability on current :~ include citizen contact area · Customer service: ~ provide such as the transfer ~ link etc. (i.e., -' including a tim and Receptionist website; with key being noted, or comments; on the site , houm of operation at the g links to standards, regulations, inspection by the fire department Consider date" when updates occur;, of forms, within phase one Staff to meet Councilmember 5:45 p.m. - Airport of program, bring back time frame and cost to fast track. himself from the Airport Commission interviews O 5:44 pm. Inb)rvlewe (2) Mr. Rickel and Mr. Crone were interviewed. Upon completion of the interviews, Coun¢ilmember Crane retumed to the dias. 1. ROLL CAI, L - taken at the beginning of the workshop. 2. PLEDGE OF ALLEGIANCE - led by City Manager Horsley 5:57:00 PM PRQ~LAMATIQN~/tlNTRODUCTIONS/PRESENTATION~ - None PETITIONS AND COMMUNICATIONS - None APPROVAL OF MINUTES a. Adiourned Regular Iketin. Minutes of June 14. 2006 5:57:2:; PM M/S Rodin/McCowen to approve the Minutes with the fol~wing changes: Item 3.a "Ukiah Campaign Perforr~ Act' .... Item 5. last paragraph, "..June 27"' instead of June 28m to raw'aw Community Services and Police Department's budgets", to review the Community Services and oolice Deoartment's budoets". Motion carried by unenimoua voice vote. b. Snecial Msetin, Minutse of June 1t), 2l)06 Being that the June 19, 2006 meeting wse Minutse were ordered accepted by Mayor due k =f a quorum, the RIGHT TO APP,I~A~ DECISION Persons who are dissatisfied with a decision review of that decision by a court. The City has Code of Civil Procedure, which limits to n the decision of the City ' may be may have to a 1094.6 Caiifomia (90) the time within which challenged. CONSENT CALENDAR The following items listed are and mil call vote by the City council. upon request of a at the Consent Cale~ and/or or and make IlllII will be by a single motion the consent Calendar the item will be considered by 'the City Council on the in accordance with Administrative Staff ,,f. of the Consent Calendar aa b? Amount of by Ukiah Daily Joumal for Fiscal Year 2006/07 in the for the First Run and $4.06 Per Column Inch for of an I of the 2, to Amending and Deleting Sections of DMsion 9, City Code, Pertaining to Subdivisions and Division 9, Chapter 2006-62 Waiving the 60-day Notification Requirement for Facility in the City (419 Taimage Road), Pumuant to 25351) Adoption 2006-1082 Amending the Zoning Code to Allow Entryway Trellises to be constructed within Front Yard Setback areas on Parcels in the R-1 (Single Family Residential Districts) Status of the Lake Mendocino Hydroelectric Power Plant Equipment Refurbishment Emergency Notification to City Council of the Purchase of Landfill Disposal of Soilfrom the Wastewater Treatment Plant (WWTP) to Norcai Waste Systems Hay Road Landfill at the Unit Price of $12.00 Per Ton for an Approximate Total of $9,200.00 2 10.. 11. Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None AUDIENCE COMMENTS ON NON. AGENDA ITEM.g 6:00:23 PM Thc City Council welcomes iaput from the audience. If there is a matter of business on thc agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to' taken on audience comments in which the subject is not listed on the agenda. Jimmy Rickel: Asked when the new Council Chambers City Manager Horsley responded the City had been Manager, his predecessor and now with a third. move forward on this. system will be installed. with the County IT we continue to PUBLIC HEARINGS (6:15 PM) 6:15 Plan Ur)date Don Ballek, Community a requirement by the State Income Reuse Plan wording. Opened to the Public: Bani Thomae Development this update is in response to Grant Program to update the Public Plan m# Development Block Grant Income Reuse AYES: Councilmembers Crone, McCowen, None. ABSTAIN: None. ABSENT: NOES: - continued fmm June 21,2006 It was the Rodin and consult with meeting. Council to form a subcommittee consisting of Counciimembers with Vice Mayor Baldwin as an altemate to prepare the argument, Rapport and submit the argument to Council at tbe July 19, 2006 NEW BUSINESS, 6:07;20 PM a. ~ of Fleaolution I)eclarlra3 Re~u~ of Sneclal M#nil~!_ae! Electi~ of 'Ju~ 6, 2006 M/S Rodin/McCowen to adopt Reeolution 2006-63, declaring results of June 6, 2006 Special Municipal Election; Motion carrlad by the following roll call vote: AYES: 3 Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. ABSTAIN: None. ABSENT: None NOES: None. b. AdMzUon of Reeolution IMkina Appointment to N _mo_rt ~mm!~ion Councilmember Crane recussd himseff. Coun¢ilmember Rodin clarified that the notice published in newspaper was incorrect. Two Commissioners currently live within the Sphere of Influence, making Jimmy Rickel ineligible. M/S M~Cowen/Rodin to adopt Resolution 2006-64, appointin to the Airport Commission. Motion ran'led by Councilmembers, McCowen, Rodin, Baldwin, and ABSTAIN: None. ABSENT: None Councilrnember Crane retumed to the dias. ~rene AYES: NOES: None. c. ~val of City Manager's Contract Item moved to Agenda Item 14. - M/S Bald~n/McCowen to approve city unanimous vote 12. COUNCIL REPOFII'~ 6:21:27 PM Councilmember ~en the Ukiah Community Center's at 195 E Gobbi Street and-accepts Food Bank; can be from 9 AM to 3 and week-end weekend is'located in support of the up. Hours are she will of town on August 2, 2006, the next regular recent backpack trip in the Trinity Alps becomes a leader to extend and expand wildemess in cay Council Chambers. to schedule the Fire Master Plan Workshop. I to meet on July 20, 2006, at 5:30 PM in the City Council 14.1 Public Employee Performance Evaluation (Gov't Code Section 54957) Title: City Manager 15. ADJOURNMENT There being no further business, meeting adjourned at 7:05 p.m. ~eil ~, Deputy City Clerk 4 CITY OF UKIAH CITY COUNCIL MINUTES Regular Iketing CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Uldah, CA 96482 May 17, 2006 8:00 p.m.. Tho Uklah City Council met mt ~ ~ular Meeting on May 17, 2006, the notice for which had been legally noUced and ixmted, on May 12, 2006 in the Civic Center Council Chambers. 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Coun¢ilmembem were preas.t: Vice-Mayor Baldwin, Councilmembers Crane, McCowen and Rodin. At 6:07, Mayor Ashiku arrived. Staff Preeent: City Manager Horsley, Building Director b-"k,~p and Deputy City Clerk Petersen. ~ 6:04:46 PM by Vice Mayor Baldwin ~~ ~: Vice Mayor Baldwin, Councilmember McCowen, Crone, Rodin ~ City Manager Horsley, City Attorney Rapport, Community Services Director Sanglacomo, Planning Director Stump, Public Works Director Erikeen, Finance Director McCann, Electrical Distribution Engineer Kirkley, Associate Planner Uston, Risk Manager Goodrick and Deputy City Clerk Petersen PLEDGE OF ALLEGIANCE Counollmember Crane led the Pledge of Allegiance. PROCLAMATION~/INTRODUCTIOF,~&,PRF_J~.NTATIONS 6:04:~2 ]~ a. _Pr"~__~. P .... ~_~--,,, I=-';~:_-:=.,,,v '----'-----:-''-,;~L___--'___--__--., .... _==:- ........ 'T~;'- Captain Chris Dewey slated that funding from a State Horr, Malld ~rlty G~ ~ ~mved by the fiduciary committee (WMD Committee) in the amount of $30,000 has been set aside to study public safety and emergency 9-1-1 capabilities. A consulting firm has been retain~ for the puq:)oee of *completing a comprehensive needs assessment and will provide recommendations for future regional public safety improvements to existing communications systems. The consulting firm is conducting their site visits during the week of May 15"' through May 17~h, 2006. Introduction of New Em=lovee. Ben Kmm~y~. _ 6:06:12 PM Director of Public Worlm, Tim EHImen, introduced Ban Kageyama, a Senior Civil Engineer, citing his educational and professional background. Mayor Ashiku arrived at 6:07 PM PETITIONS AND COMMUNICATION8 - None APPROVAL OF MINUTES a. Worbltoo with Low and Modera~ Ineeme HoaaJn. ~ Com~ of _ _~,~,~i. i M/8 M~-.~,mn/Rodln approving the Minutes of April 19, ~ Low and ~rate InCome Housing Advisory Committee Workshop; carried by a unanimous voice vote. M/S Rodin/MeCowen approving the Minutes of March 29, 2006 Joint Meeting with the Planning Commission; Councilmembem McCowen, Rodin, Baldwin and Mayor Ashiku. ABSTAIN: Councilmember Crane Flaaular City Council Meadn- of IMmh 1.200~ M/S Rodin/McCowen approving the Minutes of unanimous vote. March 1, 2006 regular meeting; carried by a RIGHT TO APPEAL DEClSIC~ Persons who are dissatisr~l with a decision of the City Council may I~ave 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 wi'ach the decision of the City Boards and Agencies may be judicially challenged. CONSE~ CALENDAR 6:11;~4 PM The following items listed are considered reurine 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 Disbursements for Month of April 2006 b. Amendment of Total Purchase Price of Model 2350 Electric Meter Test Board to Watthour Engineering Company, Inc. Authorized by Council 4/19/06 from $32,247.25 to $35,217.25 c. Adoption of an Ordinance Rezoning Assessor Parcel Numbers 003-050-29, 66, 85 and (N05-34) d. Award of Bid for the Purchase of Concession Equipment Damaged During the New Year's Flood at the Ukiah Sports Complex from Superior Outlet Center (dba As The Next Day Gourmet) in the Amount of $18,582.03 e. Adoption of Resolution Approving Housing Corporation Major Subdivision Map No. 05-17 f. Receive and File Report of Investment Oversight Committee Approval and Subsequent Execution of Bond Proceeds Investment g. Authorize Mayor To Sign Form And Letter of Support For AB 2840 Related to Califomlans Against Higher Auto Insurance Rates - Council Member McCowen h. Award of Bid to Wesco for the Pumhase of an ABB 15(X)kva 277/480v Three Phase Transformer for the City's Wastewater Treatment Plant Improvement Project in the Amount Of $21,368.98 Councilmember Baldwin requested to move Consent Calendar Item G. to the end of the agenda for further discussion. Item G moved to New Business 1'1.h. Counr, ilmember McCowen stated it should be noted that an updated Memorandum from staff relating to item 7.c.(Adopfion of an Ordinance Rezoning Assessor Parcel Numbers 00,3-050-29, 66,85 and 86) and 9.c. (Adoption of resolutions Approving a Precise Development Plan for a Townhouse Planned Development Project and a Tentative Subdivision Map to Divide the Subject Properties' into 27 lots) corrects the numbering of conditions and adds condition #26 to reflect the previous action of the City Council to require a stop sign at Apple and Cherry. MP3 Rodin/Baldwin to approve the Consent Calendar moving Item g. to New Business Item h. Motion carried by the following roll call vote: AYES: Councilmambem Crane, MCCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. AUDIENCE COMMENI'~ ON NON.AGENDA IT___M_~ 6:13:44 PM The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. PUBLIC HEARING~ (6:15 PM1 6:14:58 PM a.: Minor Subdivlelon Exoeotion 05-49: Qadea: 7"a3 South Oak ~ - continued to June 7, 2006 10. Director Stump stated a residence sharing 'this property bumed last year;, two additional residences at this site are in very poor condition. The property owner is preparing to demolish tl'~ buildings and due to their age being over 50 years old, it does take City Council action to make a finding that they do not have historical or architectural significance. The Demolition Permit Review Committee mot, discussed the matter and determined that the structures, did not have any historical or architectural significance and recommended, the Council approve issuance of a Demolition Permit. M/S MoCowen/Rodin to move approval of the 'recommended action to approve the Demolition Permits for the two structures located at 528 North State Street based on the finding that the structures, do not have historical or architectural significance; ran'led by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin and Mayor Ashiku.. NOES: None; ABSENT: None; ABSTAIN: None 2'/Lo~ 6:16:56 PM Ailooi~ Planner Lohee stated that council reviewed both the Precise Development Plan and Tentative Map when council approved the introduction of the Ordinance to rezone the property to allow for the planned development. The development will be divided into twenty-seven lots including twenty-four townhouse lots. Two resolutions are before the council for consideration: Resolution establishing the Manton-Rocha Townhouse Planned Development and a Resolution adopting the tentative subdivision map. M/S Rodin/Baldwin move to approve the Mitigated Negative Declaration carried by the following' roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin and Mayor Ashiku. NOES: None; ABSENT: None; ABSTAIN: None M/8 Rodin/Baldwin move to approve the ReSOlution establishing the Manton-Rocha Townhouse Planned Development; rattled by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin and Mayor Ashiku. NOES: None; ABSENT: None; ABSTAIN: None M/S Rodiri/MoCeMmn move to approve the Resolution approving the Tentative Subdivision Map; carried by the following roll call vote: AYES: councilmembers Crane, McCowen, Rodin, Baldwin and Mayor Ashiku. NOES: None; ABSENT: None; ABSTAIN: None UNfiNISHED BUSINE~ 6:19:24 PM Mayor A~iku asked to have Agenda Items 10.e - Goals: Community Sewioes, Airport, Water/Sewer, and Item 11 c. Review and Prioritization of Planning projects to another meeting in order to cover the Agenda items in a timely manner. Counoilmember Rodin recommended moving Agenda Item 11.d (discussion of Possible Options In response to sewer rates on Low Income Residents, Senior Citizens and Non-Profit Organization as the first item under New Business. Councilmember's concurred with the recommendations. a. Continued Diaeumdon and Con~MraUon of an Ordinan~e_~ ~in, C~m_-'~__-_.,t Reform - Baldwin. Rodin (Continued from ~) 6:21:50 PM Councilmember Rodin reiterated ten items the Council had previously reached agreement on: · $100 contribution limit unless the candidate is a Fair Campaign Candidate in which case the limIt is $250 · Same limps apply to independent committees · Same limits apply to in-kind contributions (may want to revisit) 10. 10. · Election cycle begins one year before the election · Election cycle Ends sixty days after election · Third filing due Tuesday before election · All contributions after the third filing date, must be reported within 24 hours · Loans, other than those from the candidate shall be considered to be regular contributions If a candidate agrees to accept the Voluntary Spending limits, they receive the following:: 1. 500-word statement and a photograph placed on the City's web stte; 2. Mention in a City press release that they're a Fair CamPaign Candidate 3. The right to use the term 'Fair Campaign Candidate" in campaign literature, advertisements, etc. 4. Contribution limits are increased to $250. 5. Candidates can carry over funds from a previous campaign Further discussion continued regarding Campaign Contribution and Spending Disclosure; Disck)sure on* Mass Mailings, Print and Radio Advertisements, Telemarketing/Polis and Enforcement and Penalties. PUBMC COMMENT OPEN: 7.'~:55 PM Speal~Jng in favor of Campaign Reform, holding the candidate accountable for any illegal campaign actions and encouraging the City Council to move forward with the process: Steve Scalmanini; Benj Thomas, Ron Epstein, Scott Crafty Public speaking in opposition of Campaign Reform - None . PUBUC COMMENT CLOSED .7:]7:0] PM There being several items not receiving support by three of the Councilmernbers, it was agreed to continue this matter to a Special Meeting scheduled for May 31, 2006, 6:00 PM, City Council Chambers. Councilmomber Rodin to provide hard copies of local ordinances adopted by cities in Sonoma County to all Councilmembers, as requested by Councilmember McCowen. Councilmember Rodin left the Council Chambe~ at 7:36:47 PM Recefve Statu~ Rem~ Coneernin~ Sian Ordinance_ Enfor,~e~mr4 ~ 7:37:07 PM Director Stump reported on the status of enforcing the City of Uldah's Sign Ordinance stating the primary focus at this time is the banners 'and will take note to begin enforcement of the A- frame signs es well. The Code Compliance Officer is to provide contact dates an owner and include that information on his log. Council wishes to see significant progress before moving forward with the new Ordinance. PUBLIC COMMENT: U~a Mammina encouraged the Code Compliance Officer to look into the abandoned sign situation. 7:44:01 PM Councilmembem Crane and Rodin recused themselves due to a Conflict of interest, leaving the Chambers at 7:45 pm. Director Stump stated throe proposals have been received for this project. Staff recommends forming a panel or committee to interview all three firms. The panel or committee would include a member from the Planning Commission, Design Review Board, Council member and Planning Department Staff. Councilmember McCowen stated he felt the Chamber of Commerce or Main Street Program, Smart Growth Coalition and the North Coast Builder's Exchange should be contacted. Councilmember Baldwin supports representatives 4 10. ]0. 10. from Chamber of Commerce or Main Street Program, and the Smart Growth Coalition as members of the panel as long as they reside within the City limits. With broad citizen representation, Councilmember McC, o~n stated a Councilmember would not be needed on the panel. Director Stump was directed to move forward with contacting the abeve-ldentified organizations and proceed as he deems appropriate, based on the response received from the organizations. Courmilmembem Crane and Rodin retumed at 7:49 PM Mayor Ashiku reviewed the changes which ban dogs or other animals from Todd Grove Park during Sundays in the Park concert events; and, restricts any type of barbeque or cooking device during the event other than at a picnic table or area designated for such use. Director Sangiacomo stated that staff is recommending updating the language in the City Code relating to creating temporary rules and regulations for City Parks. The current code requires Council's confirmation of a temporary rule at its next regularly scheduled meeting, having the potential to inundate Council with non-practicable issues. The new language would allow the Director of Community Services, with approval by the City Manager, to implement temporary rules when necessary for the proper administration of and the regulation of conduct in City parks. The rules would be required to be posted and could not remain in force for a period of mom than four months within a single calendar year, wilhout the approval of the City Council. Discussion continued with councilmember McCowen suggesting broadening the term from "four months" to "180 days.' If a member of the public feels this is an unreasonable term, they could approach the Council. PUBUC COMMENT: Use Mammina asked when Orchard Park is to be opened. City Manager Homley stated that the park is scheduled for a Grand Opening on June 24, 2006. M/S ~in Move To Introduce the Ordinance by Title Only, amending to provide for a temporary closure of 180 days; carried by the following mil call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin and Mayor Ashiku. NOES: None; ABSENT: None; ABSTAIN: None M/~ MeCowen/Crane Move Introduction of'the Ordinance; carded by the following roll call vote: AYES: Councilrnembers Crane, McCowen, Rodin, Baldwin and Mayor Ashiku. NOES: None; ABSENT: None; ABSTAIN: None e. Goab: Gommunitv Serviam (contin__,edL_ Ai~ W~rl. Matter continued to May 31, 2006, 5:30 PM, with Campaign Reform immediately following. Statue of the LMm Mendocino I"lv~c Power Plen~ __,z_,_q_n.e~__~ ~r~-~h~ Elizabeth KJrkley, Electrical DIMribution Engineer, mquasted Gouncil consider maintaining their declaration of an emergency status for the Lake Mendocino Hydroelectric Power Plant equipment refurbishment project. Staff is requesting to move ahead with negotiating a contract with a contractor, Source Califomia. The Interim Public Utilities Director, Murray Grande is presently negotiating terms with the Contractor. City Attorney Rapport ~ that a 4/5 vote is needed declaring the emergency condition described at the April 19, 2006 meeting still exists, based on information provided within the 11. 11. staff report by Elizabeth Kirkiay. Staff reports.as to the status of the repairs should be forthcoming to the Councilmembers at every meeting until the status report states the emergency no longer exists. Counoflmember Befdwin questioned how staff responds to change orders. Elizabeth Kirkley stated that the contract under negotiation is a 'time and materials" contract. Concem is that until the generators are opened and inspected, it is unknown what the cost of repairs will be. M/S Rodin/MeCowen Move the recommended action to continue to declare the Lake Mendocino Hydroelectric Power Plant Equipment Refurbishment Project an emergency and continue to support its resolution and to procure contract services to perform the work through open market negotiations, thereby minimizing the risk of additional, costly repairs that may otherwise occur. AYES: Councilmembers Crane, McCowen, Rodin, Baldwin and Mayor Ashiku. NOES: None; ABSENT: None; ABSTAIN: None Ceon~membem re~e~: 8:50:45 PM Meeting Reconvened: 9:03:01 PM NEW BUSINESS City Attorney Rapport reported that the NcRA Board gave tentative approval of the Agreement (Memorandum of Understanding) on May 10, 2006. At that time, neither the City of Ukiah nor the Mendocino Transit Authority had made commenL' City Mmmger Homley advised that the City would negotiate MTA's development on the site, subject to NCRA's approval. Also, should the railroad operator find that they r:Cv"d the entire depot for operations, NCRA would no longer be obligated to lease a portion of the Depot to MTA. Former Mayor Jim Mastin, approached the Council stating that MTA will consider this matter at their June 8, 2006 meeting. It is their understanding that a lease of 50 to 99 years would be allowable. Mastin additionally stated his concern that negotiations for the lease are between the City and MTA however, NCRA's approval must be received, which could result in additional time. City Attorney Rapport responded that there is nothing to obligate or prevent NCRA fmrn perticipating in the negotiations. PUBLIC COMMENT: Public speaking in favor of flight mil': Use Memmina I&'S M~,,oweWRodin to move approval of the recommended action of tentatively approving the Memorandum of Understanding until such time as Mendoolno Transit Authority Board of Directors can provide additional comments; can'ied by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin and Mayor Ashiku.. NOES: None; ABSENT: None; ABSTAIN: None Di.~~ and Di~ Fleemrdirm Anr~mmnt Amona ~ C_.-ontHb_,tina IFU ,l~.~.' Towara . Local ~ ~ of the U.S, Army Conm of E~e__!~ ~ _ne_m Feee__!b!!.~Stv Gtu~ City Attorney Rapport distributed a DRAFT of the proposed Cost Sharing Agreement for participants for Lake Mendocino Feasibility Study. The difference between this hand out and documentation included within the agenda packet, is that this text is readable; page 5 of the new agreement under item VI (document reflects 'IV,) previously had language written by Mr. Rapport which has been stricken by the Flood District; and, the original Flood control proposal terminology has been reinserted. The flood control district approves of this Agreement with modifications and Potter Valley approves, with the inclusion that, if a participant defaults in payment as required within 6 11. 11. the agreement and is no longer a participant, the participant forfeits previously paid payments. 'City Attorney Rapport stated he had reviewed a letter distributed by the Employer's Council, commenting on'the Feasibility Study and addressing raising the pool in the dam as one of the three prior, es. Councilmember Baldwin stated the Council should move forward with support of this study and · requested Councilmember Rodin lake his position as a representative to the Inland Water and Power Commission (IWPC), with Councilmember Baldwin as her altemate; discussion relative to this matter to follow at a later time. M/S Crane/McCowen Move to proceed and agree to fund the City's appropriate share as indicated on page 2 of the Agreement to fund the first year of the Feasibility Study, Motion amended to read: 'implicit within this action is funding of the first year cost of the Feasibility Study at $25,000 for 4 participants or $33,333 for 3 participants, our proportionate share, par the Agreement". Di~u#ion: Councilmember M~ stated he attended the District meeting where the topic of paying to study the feasibility of dredging the dam was discussed. This matter is expected to be addressed within the first year of the Feasibility Study and it is anticipated that there will be no dredging of the dam. He add~ly reported that Director Groth from Redwood Valley Water District was in attendance at this meeting and stated he believed the District would be entering into the Agreement. City Attorney Rapport further clarified that participants in the Agreement will share in proportion to the contribution for the Feasibility Study but leaves the details that will occur to a future Agreement that has yet to be negotiated. The Agreement states no signatory to this agreement can share in the benefits, if there is a feasible project, unless there is an agreement among all the participants on how to do that. PUBLIC COMMENT: None Motion carded by the following roll call vote: AYES: Councilmembers Crone, McCowen, Rodin, Baldwin and Mayor Ashiku. NOES: None; ABSENT: None; ABSTAIN: None c. Review end ~ of Plannirm Pr__,~.~.- Continued to May 31, 2006, 5:30 PM, City Council Chambers Risk Manager Sue Goodrick stated the November 2, 2005 Ordinance which put into place a five year rate schedule to pay for the Waste Water Treatment Plan Facility RehabiJitaflon Project has generated public response from Iow income and senior citizens. Slate statue does not allow using water and sewer revenues to provide reduced rates for Iow and moderate income customem. Staff has researched options for Council discussion.. Counoflmember ~ stated he believes this matter is part of largeY discussion which includes review of the rote structure and participation with the Sanitation DistricL PUBUC COMMENT: Public comment opposing the current fee structure and/or requesting detailed breakdown of usage from units to gellor'4: David Vilner, Judy Hatch, Janet Makray, Jean Harmon 7 Public comment supporting the current fee structure: None Finance Director Mike McCann stated the first con(em regarding the current fee structure was in regard to paying commercial rates that may negatively affect the tenants living in a multi-reeldent complex. Director McCann explained the formulas behind the sewer rate which wes calculated on January 2006 water usage, Stating. that the rates in affect are fair and reasonable for the majority of the residents of the City of Ukiah. He stated'them is a concern that some seniors may pay disproportionately higher rates if they reside in mobile home parks with high water usage. Seniors and others residing in single-family resldencas with Iow water usage may also pay higher rates per unit than households with high water usage due to the monthly minimum charge that is imposed regardless of usage. An outside consultant will need to be hired in order to adjust rates and any changes must be neutrally reviewed. The City will need to review its software capabilities to determine what adjustments can be made in the billing information. Discussion ensued regarding concerns by the residents that could be addressed intemally. Provide an informational flyer which provides the basics of understanding the utility b~l; include the average cost of a 4-parson family to use es a comparison; · Check for water pipes that are leaking; · Contact the billing software supplier. Request 'units' be converted to "gallons' City Man~ger Hor~icy invited residents to come into City Hall and let the City's Customer Service Department work out a draft scenario which will provide a cost comparison. Residents were encouraged to do this before making the decision to spend funds for an individual meter. Mayor A~hiku stated there is no direction bY the City Council to staff at this time. Matter continued to an undetermined date. 11. 11. f. Public Work. Director Tim Erikeen stated that current fees cover approximately 75% to 85% of the cost to the City. The goal is to obtain a 100% cost recover from the applicants so that these costs are not borne by the citizen pool es a whole. M/S Rodin/Baldwin Move the Recommended Action to approve the City of Ukiah Public Works and Engineering Fee Schedule 2006, and direct Staff to prepare a Resolution establishing a City of Ukiah Public Works and Engineer Fee Schedule 2006. PUBUC COMMENT: Public speaking in favor of the increased fees: None Public speaking in opposition of increased fees: Usa Mammina Motion carried by the following roll call vote: AYES: Councilmernbers Crane, McCowan, Rodin, Baldwin and Mayor Ashiku. NOES: None; ABSENT: None; ABSTAIN: None SM I:)atel for Fiical Year 2o06.o7 _B,,~aet__. By unanlmoue coneent, Budget Hearings are scheduled for Wednesday June 28, 2006 and Thursday, June 29, 2006, beginning at 8:00 AM. Councilmember Baldwin stated he may be absent due to a teaching commitment. 11. e 12. 13. 14. 15. g. Authorize City __M~____neeer___ to N,~,~,AIm and ~-'-n a Th~ Year · --...M, & Co.. CPA'- M/S Crane/Rodin to move the recommended action authorizing the City Manager to negotiate and sign a three-year audit services contract with Davis Harnmon & Co., CPA's for a total first year cost of no more than $29,505. Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin and Mayor Ashiku, NOES: None; ABSENT: None; ABSTAIN: None (g) Authorize Mayor To Sign Form and Letter of Support For AB 2840 Related to Califomlans Against Higher Auto Insurance Rates - Councilmember McCowen. Councilmembera Baldwin and Rodin stated their individual concerns regarding this matter, citing additional time and research is needed in order to make an informed decision. Lengthy discussion ensued with Councilmember McCowen 8tating this is a time-sensitive matter and support of AB 2840 will keep things 'status quo' until the specified study is completed. M/8 McCowen/Crane move the recommended action to Authorize the Mayor to sign the form and letter of support for AB 2840 related to Califomians against higher insurance rotes. Motion carl'ied by the following roll call vote: AYES: Councilmembem Crone, McCowen, and Mayor Ashiku. NOES: Rodin, Baldwin; ABSENT: None; ABSTAIN: None CITY MANAG~rrY CL~rRK REI:)C)flT~ None City Attorney Rapport announced he had attended a Spring City Conference leading a discussion on possible amendments to the Fair Political Practice Commission regulations for small citiee. GLOS~D 8~;~N UFLA None ADJOURNMENT There being no further business, the meeting adj0umed at 9:54 PM. By:,, ITEM NO. 7a DATE: Aug~ust 2, 2006 AGENDA SUMMARy RI~PORT 8UBJECT: AWARD OF BID FOR 35, 45, 50, 55 AND 70 FOOT CLASS 3 WESTERN RED CEDAR POLES TO J.H. BAXTER CO. IN THE AMOLPrJT OF $21,243.99 A Request for Question (R.F.Q.) for 35, 45, 50, 55 and 70 foot Class 3 Westem Red Cedar Poles was sent to five suppliers. Two bids were received and evaluated by Staff; the lowest bidder was J. H. Baxter Co. with a total bid of $21,243.99 including tax and freight. The poles will be used for maintenance and reconductoring projects. Appropriate funds were budgeted in the 2006/2007 Fiscal Year in Account Number 800.3728.690.000. RECOMMENDED ACTION: Award bid for 35, 45, 50, 55 and 70 foot Class 3 Westem Red Cedar Poles in the amount of $21,243.99 to J.H. Baxter Co. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject all bids and provide direction to staff. Citizen ~: N/A Requeeted by:. Colin Murphey, Interim Electrical Supervisor Prepared by:. Judy Jenney, Purchasing & Warehouse Assistant Coordinated with: Candace Horsley, City Manager Attachment: 1. Bid Tabulation APPROVED: ~~~~,~ nager AGENDA SUMMARy REPORT ITEM NO. ,7.b DATE: Auoust 2, 2006 SUBJEci-: ~¥ATUS OF THE LAKE MENDOCINO HYDROELECTRIC POWER PLANT EQUIPMENT REFURBISHMENT EMERGENCY At its May 17"~, 2006 meeting, Council voted unanimously to declare the Lake Mendocino Hydroelectric Power Plant equipment refurbishment project an emergency and authorized the City Manager to take action to resolve the ernergency until such time that the emergency no longer exists. To that end, the City Manager has contracted with Source California Energy Services,. Inc. to perform the work necessary to refurbish the power plant equipment that was damaged and contaminated as a result of flooding that occurred earlier this year. A progress report from the Project Manager for Source California Energy Services, Inc. is detailed in an emall dated July 24, 2006, see Attachment 1. Since the contractor is also working on the portions of the hydroelectric plant that were not pert of the flood damage, he is projecting a completion date sometime in November, but it is too early in the project to have a fixed date. Statute requires that progress reports be made at every City Council meeting until such time that the contract is complete and the emergency no longer exists. In addition to the refurbishment contract, Source California has also been contracted to perform planned engineering upgrades to the hydroelectric plant, including upgrades to the turbine controls, supervisory control' and data acquisition system (SCADA) and protective relays. Completion 'of that contract is scheduled for the same November time frame as the emergency refurbishment contract. RECOMMENDED ACTION: Staff recommends that the Council continue to declare by a 4/5 vote that the Lake Mendocino Hydroelectric Power Plant equipment refurbishment project is a continuing emergency and to support the mfurlY, shment contract as performed by Source California Energy Sewicas, Inc. until such time that the contract is complete and an emergency no longer exists. ALTERNATIVE COUNCIL POUCY OPTION: Given that Council declared the Lake ldendocino Hydroelectric Power Plant equipment mfurbishrnent project an emergency at its May l~h Council meeting, and based on that action, the City entered into contract to resolve the emergency, there is no alternative policy option. N/A City Council Murray Grande, Interim Public Utility Director; Uz Kirkiey, Electrical Distribution Engineer Candace Homley, City Manager; David Rapport, City Attorney 1. Emall from Source Califomia dated July 24, 2006 APPROVED~ager ATTACHMENT # 1 Uz & Murray:. 7/24/O6 Below is a short summary of work that has been accomplished in the last two weeks: Safety and environmental compliance oontinue to be accident and incident free. Both unit genemtom and turbine stop valves have been removed from the powerhouse. These four Pieces of critical equipment have just showed up at the EMC shop in Rocidin so EMC hasn't had a chance, yet, to get any solid idea of the generator conditions. ~gh, when the Unit 1 generator was removed from the powerhouse and placed outside for loading on the truck, the stator windings and core were mom easily inspected. EMC noted areas of the stator iron core that has corrosion. The final conditiOn assessment will occur when loop testing ia conducted. If stator iron core corrosion is extensive, the loop testing will show hot spots in the com. To repair this damage, the stator windings will need to be removed and the core cleaned of the corrosion. Hem is 1) 2) a) 4) S) 6) a) a of additional items c(xnpleted: EIdC has de-mobilized from the powerhouse site since all heavy equipment requiring immediate refurbishing has been removed. The air compressor motor has just come back from the shop and is ready for reinstallation. We are expecting the remaining air compressor parts next week. All of the wires to the Iow voltage sub panels have been meggered and are good. The drainage pump permanent discharge pipe has been reinstalled. We have started work on the 125 VDC system. Replacement batteries am being investigated. The wires leading from the 125 VDC distribution panel have all been meggered and am good. The 125 VDC breakers are being refurbished. Initbd work was performed on the battery charger and it is officially pronounced 'damaged beyond repair due to the flooding'. We am documenting our findings on items of this nature. In addition, we are working with venders to obtain quotes for battery charger replacement. We started work on the High Pressure Control Units (HPCU's). We have removed two of the three electrical motors from Unit 2'$ HPCU. Device 113 is an electronic turbine/generator speed sensing device uM)d for electronic indication, overspaed protection, and speed set point signals for a number of subsystem components. This device is also 'damaged beyond repair due to the flooding'. A problem is that there does not exist drawings that indicate how this device interconnects with all of the nine subsystems it provides information to. Therefore, we have been reverse engineering an electrical schematic todocument its es-buiit installation. This is neceseary to correctly engineer a replacement. The generator cooling 'Barton' flow indicators and alarm set point transmitters have been almost completely refurbished except for the alarm micro switches. The flood has corroded the switches beyond repair, therefore, replacements have been ordered. Paul B. Dirks Project Manager/Sr. Mechen~ Engineer Ce~ Ph (831) ~027 F~x (~1) 40~-27'~ Site Office Ph: (707) 462-7348 Lake Idendocino Hydro Plant Ph: (707) 467-2803 (Note: No voice message capability, yet.) .... PROPRIETARY, CONFIDENTIAL, OR PRIVILEGED COMMUNICATION .... This communication may contain proprietary, privileged or confidential information protected by law. It is solely for the use of the intended recipient named above. Any review, dissemination, distribution, forwarding or copying of this communication by someone other than the intended recipient or the employee responsible for delivering this communication to the intended recipient, is prohibited. If you have received this communication in error, please immediately notify the sender via e-mail, then destroy the original message. AGENDA SUMMARY Item No 7c Date: ~ REp~)RT SUBJECT: NOTIFICATION TO COUNCIL REGARDINGA THREE. YEAR CONTRACT IN THE AMOUNT OF $28,439.04 wrrH EVERGREEN JOB & SAFETY TRNNING TO PROVIDE ONSITE JOB AND SAFETY TRAINING TO THE ELECTRIC DEPARTMENT The Electric Department has oontracted onsite job and safety training until June 30, 2009 with. Evergreen Job & Safety Training. Two other safety consultants were contacted and are unable to provide the safety services requested by the City of Ukiah Electric Department. Six programs par year will be presented by Evergreen Job & Safety Training at a cost of $9,110.40 for the first year and increased by 4% for each year thereafter. This would increase the amount to $9,474.82 in the second year and $9,853.82 the third year for a total amount of $28,409.04. Training has been budgeted in Account No. 800.3733.250.000 and 800.3728.250.000. Sufficient funds are available. RECOMMENDED ACTION: Receive and file report regarding the award of a throe-year contract to Evergreen Job & Safety for safety training for the Electric Department in the amount of $28,439.04 ALTERNATIVE COUNCIL POLICY OPTIONS: Reject bid and provide direction to staff Citizen Advim~d: N/A Req~ by: Colin Murphey, Intedm Electrical Supervisor prepared by: Judy Jenney, Purchasing & Warehouse Ase~nt Coordinated with: Candace HorSley, City Manager Candace Horsley, City Manlger AGENDA SU MIIIIARY ITEM NO. 7ct DATE: Auaust 2. 2006 R~Pi~RT SUBJECT: AWARD OF BID FOR NEW ~ TON FIRE DEpARTME~ PICK-Up TRUCK TO MALTA CHEVROLET OLDS SUMMARY: Contained within the Fire Department's approved budget are funds to purchase a new COmmand/tow vehicle for the Emergency Services Battalion Chief. This vehicle will be used to respond to emergency incidents as well as have the ability to pull the USAR Trailer and/or the Haz Mat Trailer. The second Battalion Chief position, approved last year, has not been in existence for an indefinite period of time within our agency and therefore did not have a vehicle assigned to it. There are currently no other vehicles that are unassigned or that COuld fill the need of this proposed purchase, or need. This position is also required to provide Duty Chief COverage (10 to 15 days / month) and Strike team assignments as needed. Having a dedicated vehicle for this position makes for better use of an existing resource and provides for a proper command vehicle for the position of Battalion Chief. BACKGROUND: In response to the City's Request for Bids, four (4) bids were received and opened after the bid deadline of July 24, 2006 (Attachment 1). Staff has reviewed the bids and determined that three of the four bids met the advertised specifications. The bid from Maita Chevrolet Olds in the amount of $28,477.61 meets the advertised specifications and is the lowest responsible bidder. RECOMMENDED ACl'ION: Authorize Staff to award the bid to purchase one new Fire Department eA ton pick-up truck to Maita Chevrolet Olds in the amount of $28,477.61 to be paid from account 698.2101.800.000. ALTERNATIVE COUNCIL POUCY OPTION: Provide Staff with altemative action. Prepared by: Kevin Jennings, Fire Battalion Chief Coordinated with: Candace Horsley, City Manager Attachment~: 1. Bid Summary APPROVED: Candace ,Om~""*~'~'-'-"leY, ~~,ger AGENDA SUMMARY RI PO, RT ITEM NO.7e DATE: Aueust 2. 2006 SUBJECT: AWARD OF BID TO MINOR RUBBER CO. INC. HYDROELECTRIC PLANT TAINTER VALVE MODIFICATION, ORDERING OF LONG LEAD TIME COMPONENTS Last year the City Council authorized City staff to begin the process of restoring the Lake Mendocino Hydroelectric Plant to operational status. Subsequent to that authorization, the Hydro plant was damaged due to flooding. Work aSSOCiated with the restoration of the plant and repair of flood damage can be delineated into three components; Engineering and Upgrades, Refurbishment and Tainter Valve Modifications. The Engineering and upgrades component involves the design and installation of new turbine controls, new supervisory, control and data acquisition equipment (SCADA) and new protective relays. The Engineering work has been contracted to Source California Energy Services and the upgraded equipment will be pumhased later following completion of the design. This comPOnent is scheduled for completion in early November. The Refurbishment component involves repairing the damage that resulted from the flood. The-Refurbishment work has also been awarded to Source California Energy Services under an emergency status and is also scheduled for completion in early November. (Q0ntinued on Pat:le 2) RECOMMENDED ACTION: Staff recommends City Council approve the procurement of long lead time components needed for the Tainter Valve modifications per the recommendations of the Tainter Valve engineering design consultant, Mead & Hunt. ALTERNAllVE COUNCIL POLICY OPTION: There is no aitemative to procuring the long lead time components and keeping the hydroelectric plant on schedule for an early November start-up. Coordinat~ with: Attachment~: NA NA Murray Grande, Interim Public Utility Director;, Uz Kirkley, Electrical · Distribution Engineer Candace Horsley, City Manager 1. Gate Top Seal Recommendation 2. Hydraulic Rod and Clamp Recommendation APPROVED: ~ Candace Homley, City Mank~r The Tainter Valve Modification component involves modifying the Tainter Valve to meet new Russian River minimum flow requirements and the Corp of Engineers' approved operation plan for the plant. This component is currently out ~ public bid with bids due August 14m followed by a scheduled completion date of October 13'". Part of the Tainter Valve modification requires the installation of components that have a relatively long procurement lead time (6 to 7 weeks). In order to meet the October 13t~ completion date for the valve modifications, which is necessary to meet the early November plant start-up schedule, these long lead time components must be purchased now in advance of the construction portion of the modification. To that end, City staff enlisted the valve engineering consultant, Mead & Hunt, to follow City procurement policy in soliciting infomlal quotes for the long lead time components from at least three suppliers. Mead & Hunt received and evaluated the quotes and have recommended suppliers for the components (see Attachments I and 2). The total cost for all long lead time components is $29,231.5g plus tax, FOB (freight on board) plant site with a lead time of 4 to 7 weeks. Procuring the components now will allow the components to be on site approximately two weeks after the award of the construction portion of the work and will also allow for the contractor's Tainter Valve work to be completed on schedule. Attachment '~, JUly 2,4,, Deer Minor Rublx:r $1,324.60 Seals Unlim~cl $1,540.00 Ru~ NO BID Ju I-~.-e8 Fram41inor Rubber Go. 4~~,~r~t · Bloomflg4d, N~wJemeyO'/'O08.~89 FAX~?3..SOS-l~88 973~ Ind141r/a/Rubber Cnm,~on~u - Moldino · ~ · Dipping · FabrimtinQ Jul-lO-# #:1~1~ . From-Minor IlutJ~r Co. T-SSI P.O~l r.-2s2 J.1-20-06 O3:3~lm FrI-illnor I~u~r ~o. T-B~ P.664 F-2~2 Page I of I THE PRICE FOR THE ~ATE SEAL STRIP WITH A 2-114' DIA B~LB X 1' THK TAIL X 6-3/4' OAW C~qTER DOME-TYpE MOLDED PROFILE, HOT FACTORY VULCANIZE SPLICED TO 20Ft + LOH~ PER YOqTR REQUEST IS A PRICE OF $1,540.00. SEALS ARE QUOTBD USI]~ THE STANDARD CORPS OF ]~t~QZHBERB L~IVL131~.~ RUBBER SPRCIFICATIC~ MATERIAL WITH A 60-70 DUROMETF~ J~RDNESS PER THE SPECIFICATIONS INDICATED. SEALS TO BE SUPPLIED WITHOUT B0~T HOLES. M~TERIAL CERTIFICATIONS WILL BE PROVIDED WITH TH~ SHIPMENT. SRALS UNLIMITED CAN SUPPLY TILE HOLLOW CORE D~ILL PT~CHBS FOR THR BOLT HOLBS. PUNCH SIZES 3/8', 7/16', 1/2', 9/16', AND 5/8' DIAMETER ARE $75.00. PUNCH SIZES 11/16', 3/&', 13/16', 7/8', AND 1' DIAMETER ARE $100.00/EA. ALL i:q]Nt"HES ARE MACHZNKD TO FIT A 1/2' DP. XLL. BSTIMATED SHIPPII~MEI~HT IS -160 #'S. SHIPMENT: WITHIN 2 TO4 WEBKS. FOB: De~LJ~L~c~ TERMS: NET 30 DAYS OJ~, CREDIT CARD, QUOTED ANDPAYABLB IN USFU~IDS. M~qILED ~ OR BANK TRANSFER. ALL FUNDS ARB PRICING IS VALID FOR 60 DAYS THIdIK YOU, S~O~t~ B4z'qah, SPECIAL PROJECTS Attachment July 24, 2006 ~. Mun~ Grande CiyofUk h 411 W. Glay 8tract MVP Hydratech $19,019.90 FOB Job~e $22,575.00 + $htpping NO BID NO BID NO BID Fluld 'rech F.fydmulim, Adv. nced Machine & Engkrmedng Co. MVP H~ We~t Coa~ Fluid Power ~8,8~0.00 FOB i $15,760.00 + 8hipptng $17,312.36 + $hipping NOBID NO BID QUOTATION e~~raulio~ & Yacbine Co., Ir~. PO gox 636 8461 East Road Redwood Valley, Ca. 9547O (707) 485-8850 Fax (707) 485.8849 DATF.: 7~ QUOTE: 06099-A ATTN: RYAN GRF/F PHONE: 916-971-4624 EX223 DP~"RIFHON ORDER QTY: PRICE PHR PART I.CHROMED 3-1/2" 17-4S.5. COND. IISOROD WIK,DMF2qT 2 EA. $4,345.00 2. PRT. OUT (POB LAKE ~0) CORROSIAN RESISTAI'qT GRAY PRIMER ON WEU)S AND CI.E'VIS, S.S. PIN INCLUDED. NETIo yoa, ~ fa~ 20ch~ ~ me P.O~. LAlm Mt/NIX)CINO DAM. A ~ crud# ~ ~' n~luiml h' ~n opm wcovm. Maj~ credit cards are ao~epa~ Sierra's "Standard Ternu & ComiJt/om" apply. Be advi~d ~ $~ ~ ~ ~ ~ b ~ ~ Sierra's Steaded Txm~ ~ m M h b d'l~v~kt TMs quo~ does not incl~k ~m~ fm/~ ~M ~ ~, If this quotation mee~ your qqxov~, sbnply frei me mini Y°m' p.o. (Note: Year imrdmm order b reedmd any othn' pe,tinent Mn{,,~. b~ at that time. xu, o, Bob Cain I~-~ASE REPERENCE THIS QUOTE NUMBER WHEN OI~G P.S. Shwm HYdraulics Ires th~ sbility m build yom' complete cylinders. Pm: RE: QtJOTE FOR RO08 ANO CL.AMP8 HI RYAN I ~ TH~ PRICE ON M~TERIALS. M~TAL MF~ QUOTED WRC~ PRICE. TI~ '~OT~ IS FOR T~0 RODS.I A~D~D FREIGHT FOR JOB SITE DELIVEREY. '>Fro~: "Ryan ~reif" <ryan.grei£%~eadhunt.c~ >To: "PAUL St~TT" <fthPau18hotmail.c~ ~CC: "Scott Brown' <scott.browngmea,Thunt.com~ · Subject: 1~: Q~OT~ FOR RODS ~ CLAMPS · Date: We~, 19 Jul 2006 19:05:43 -0500 >Thank you for th/a. I ~hecke~ with the project e~lineer, az~ he h~ & · couple co~ne~tm ~or Mou to address: · Is your ~uote~ price for the rob/clevis unit & total price (for 2), or · is that just for one rod & clevis? Could Mou also please check and · confim )four quoted materials price? It see~ a Bit on the lo~ side · for steel. 7~ditionally, we need to kno~ the cost FOB jobsite at Lake · Mendocino, Ukiah. Thanks, · >Ryan Greif >E~g. Tech. / Intern · >Mead a Hunt, Inc. >3327 Lon~vie~ Dr. Suite 100 >Sacramento, CA 95821 >Phone (916) 971-3961 >Direct (916) 971-4624 ex. 223 >ryan. ~rei f ~meadhunt. corn · · · · ..... Original Message ...... >Fro~: PA~L SCOTT >Sent: Wecl~esday, July 19, 2006 4:09 PM >To.' R~an 0reif >Subject: QUOTE F0~ RODS AND CLAMPS >HI RYAN · · ~ALL M~TERIALS WILL B~ STAINLF~S STEEL. · TWO '2 PINS WILL BE SUPPLIED ~ALL PARTS AND MATERIALS DO NOT INCLUDE TAX AND FREIGHT. · >PAYMBI~ FOR JOB I~S~ BI; PAZD ZN FUr_~ B~QR~ JOB IS S~AR~D. > ~;KS P&U~ >Don't :lust search. Find. Check out the new MSN Saatchi >htti~: / / eea~ch .man. click-uti, c~n/go/onm00200636ave/~Lrect/01 / >Confident~ality statement: This e-mail message, including any >atteSts, is intended only for the use of the >recipie~t(e) and may contain privileged and con£ide~ti&l information, >including hformation ~-~,t is protected under the. HIpAA privacy rules. >Any ~_-_~uthorized review, disclosure, copying, d~stribution or use is ' >prohibitd. If you have received this e-mail by mistake, please notify >us immediately by redly e-mail and destroy all coDies of the original >message. Thank You. E~rems'youreelf /nstantly withMSNMesaengerl Download today - it's http://meseenger.msn.click-url.co~/go/onmOO200471ave/direct/01/ Quote Repeim on NI Mdme and Modem Free EMknMem P.O. No. Tenm Due Dek Rq) F(:W Projed Duo ~a remipt 7/17/2006 SM ATWA'FBR LEAD ~ iS 24 Wl~C~ ~¥ TO JOBSn~ ! PA1R OJr AMLO~ ROD (~.,AMps WITH A ~ ~ I LEA~'Ffl~ ~ ~ FACTORY IS 8-~ WEEKS DR. IV~Ry KO.B IAKB ~ ! !.200.00 1.200.~0 VISIT US C)~ ~ WEB @ WWW. WESTCOASTHYDRAULICS.COM QUOTES ARE C,-OOD FOR 10 DAYS. Page I of I From: Diwe Ogden ~Omvl~.Oom] ~ Friday, July 14. 2006 12:31 PM To: F~/an Gre~ 8ubJeek Re: ~ I~~ RYAN, WE ARE GOING TO PASS ON THIS PROJECT, NO BID. DAVE O. Hello purpoee~ and should qume a i~ce Mbcting thh addison. We nMd quoWa by Monday, July 17.. Ryan Greif Nlead & Hul~ Inc. Dr. Suae 100 Sacramenlo, CA 96821 ~ (gle) 971..~061 (016) 971-4624 ex. 223 Confidentlal~y st&te~t: This e-ma:L1 message, £nclud~ng any attachments, is intended only for the use of the recipient is) and may contain privileged and confidential information, including /nformation that is protected under the HIPAA privacy rules. Any ~ma. uthorized review, disclosure, copying, distribution or use is prohibited. If you have received Uhis e-mail by mistake, please notify us immediately by reply e-mail and destroy all copies of the original message. Thank You. 7/19/20(0 Page I of I ~ Gmlt 9od: TumKi~, July 18, 2006 8:12 AM To: Flyan Greif Based on your requimmmts we are not able to quote ~m rods only. I believe H~ is your best bet. Thanks, Craig Hi All, Eng. Teoh. I Intern Mead & Hunt, Inc. Phor~ (916) 971-,1061 D#'ecl (91.6.) 971-46~4 ex. 223 Confidenti&llty statement: This e-mail message, including any attachments, is intended only Eot the u~e o£ the recipient(s) and may contain privileged and con[idential inEoz~oation, including in£ormation that is protected under the HIP~ privac~ rules. ~ny unauthorized review, disclosure, coping, distribution or use is prohibited. If you have received this e-mail 1~ mistake, please notify us i~mediately b~ reply e-mil and destroy all copies of the original message. ~h~nk You. 7/18f2006 ~I'EM NO. 9a DATE: Atmust 2. 2006 AGENDA SUHHARY REPORT ADOIrrz~ OF F/.NDZNGS AND FZNAL ACTZON ON HULLIPZFFERO USE PERHZT APPLZCAI'ZON SU#HARY: This public hearing was continued from the July 19, 2006, City Coundl rr~ng with directions to staff to prepare findings tx) support a denial of the use permit appl~. A~ as Att~mont ~ are ~ findings. The staff previously prepa~ findings to SUl~X)rt approval of the applicaUon. As a result, findings have been prepa~ to support a cleds~ approving or denying REC:OHMENDATZON: Adopt findings and take final action on the use permit al:~)lication. ALTERNA1TVE COUNC2L POLZCY OPTZON: N/A ~ ~: Publidy noticed according to the requirements of the Uklah Oty Code Req~ by:. Dave Hull and Ric Pifflm Coofllinat~d with: Charley Stump, Planning Director, Candace Hmsley, Oty Manager Attachments-' 1. ResoluUonofttteOtyCouncfloftheOtyofUIdahAdopUng Findincjs in Support of Its Decision to Deny Use Permit Affachment # / RESOLUTION NO. ~ RESOLUTION OF ~ CITY COUNCIL OF ~ crrY OF Ui3AH ADOPTING FINDINGS IN SUIq~RT OF ITS DECISION TO DENY USE PEPJ~IIT APPLICATION NO. 06-13 1. On August 2, 2006, the City Council voted to deny use permit application no. 06- 13 for a 4:5 foot flag pole and related improvements, as described below; and 2. The decision to deny the use permit must be sported by findings of fact; and 3. The findings set forth the ultimate facts which the City Council finds to be true and the findings suPlxn~ the City Council's conclusions; NOW, TI~ FORE, BE IT 1/ESOLVED as follows: The application for a use permit, filed April 5, 2006, by David Hull, as the owner of Mendocino County Assessor Parcel No. 001-040-74, and Rick Piffero, as the applicant, is denied based on the following findings. 1. The application is for a 45 foot flag pole on a concrete base illuminated by flood lights at the base directed upward to illuminate the flag at night. The applicants have placed an American flag on the pole which is over 40 feet long and 25 .feet wide. A picture in the planning file shows that the flag is almost as long as the pole. For purposes of these findings, the concrete base, flood lights with electrical wiring, the fiberglass pole and the pole's capacity to accommodate a 40' x 25' flag are together considered the "Project." The Project is located in the upper portion of the hills on the west side of the Ukiah Valley. 2, Rick Piffero constructed the Project on the property with the owner's permission, but no evidence has been submitted establishing that he has a formal legal right, beyond a verbal license, to possess or use AP No. 001-040-74. 3. A use permit is required for the following reasons: a. Uldah City Code (UCC) Section 9018 limits accessory structures on a parcel in an R-1 Zoning District to 20 feet. The height limit of accessory structures can be exceeded with a use permit. The proposed flag pole is 49 feet tall; 45 feet above grade. b. UCC Section 7178.A provides that flag poles may be permitted in any zoning district in excess of the established height limits with a use permit. c. UCC Section 9139 requires a use permit prior to any grading or construction on a parcel in the R-1-H Zoning District, if the average ground'gradient across any portion of the property exceeds 15%. The average ground gradient across portions of AP No. 001-040-74 exceeds 15%. 4. Under UCC Section 9262.E, the decision-maker may grant a use permit, when the evidence presented supports the following findings: a. The proposed land use is consistent with the provisions of the zoning ordinance and the goals and policies of the Ukiah General Plan; and b. The proposed land use is compatible with surrounding land uses and shall not be detrimental to the public's health, safety and general welfare. 5. Issuing a use permit, as applied for, is incovsistent and in conflict with the City of Ukiah General Plan, Open Space and Conservation Element. Policy OC-10.2 provides that roads and structures shall be designed and sited to conserve or avoid damage to the natural hillside resources of the western Ukiah hills. To implement that policy, Implementation Measure OC-10.2Co) directs the City to site and design development to minimiTe impagts on views from the floor of the Ukiah valley ("Valley"). The Project is not sited and designed to mlnimiTg im.nogts on views from the Valley. a. The flag pole is 25 feet taller or more than double the height limit for accessory structures, including flag poles, in an R-1 Zoning District. The same height limit applies in an R-1-H Zoning District. The extra height and the size of the flag are designed to be seen from the Ukiah valley floor; not to minimize impacts on views from the Valley. b. The flag pole is designed to be viewed at night by directing flood lights upward to illuminate the flag. This design element is intended to maximi7~ rather than minimiT~ views of the flag pole from the Valley, and to make the flag pole visible 24 hours per day. c. Pictures in the Planning Department file for Project No. 06-13 demonstrate that the flag pole is clearly visible from various locations in the Valley, including the Civic Center parking lot, the intersection of Orchard and Gobbi Streets, the Home Depot parking lot and the Safeway parking lot. Testimony submitted at or prior to the hearing and before the City Council established that the Project is visible from · Highway 101 and other residential areas in the City. Several speakers noted that persons visiting them have commented on the flag as a prominent feature in the western hills. The visibility of the Project is greatly increased when the fully unfurled flag blows in breezes common along the western hills. d. Since under the First Amendment, the City cannot prescribe the type of flag which may be attached to the pole, the impacts of the Project are considered without regard to the type of flag currently proposed by the applicants. The permit will nm with 2 the land. Once approved, any owner of A.P. No. 001-040-74 could attach a flag of any type to the pole. Conversely, if the applicants lira!ted themselves to a 20 foot pole and a flag of commensurate size, the Project would not conflict with GP POlicy OC-10.2. 6. The issuance of the use permit would be detrimental to the public's health, safety and general welfare. a~ The General Plan policies in the Open Space and Conservation Element were adopted to protect the public welfare of the City and its residents. Because issuance of the use permit would conflict with Policy OC-10.2 and its Implementation Measure OC-10.2(b), it would be detrimental to public weffare to issue the use permit. b. GP Policy OC- 10.2 and Implementation Measure OC- 10.2(b) were intended to preserve the natural beauty of the western hills by requiring man-made structures, such as the flag pole, to be designed and. sited to minimiT~ their impact on Valley views of the natural appearance of the western hills. As a result of the height of the pole and the size of the flag the pole will ac,~mmodate, the impact on these views has not been minimiT~l. PASSED AND ADOPTED on August 2, 2006, by the following mil call vote: NOES: ABSTAIN: Mark Ashiku, Mayor ATTEST: Craft Petersen-~, City Clerk 3 1-1'EM NO: ~oa DATE: August 2, 2006 AGENDA SUHHARY REPORT SUB.1ECT: RECE['VE STATUS REPORT CONCERNZNG SI'GN ORDINANCE ENFORCEHENT ACT"IVt'~ES AND PROVIDE DIRECTION TO STAFF SUMMARY: This Agenda item is the fifth sign violation enforcement report from Staff. We have used an educational face-to-face approach and have made substantial progress with enfordng the existing sign regulaUons. Attachment No. ! lists the sign enforcement cases Staff is currenUy working on. Pursuant to the direction from the City Attomey, the property owner's names, parcel locations, and business names have not included on the listing. Staff has included the number of times contact was made with the property owner or business proprietor. Typically, after the third or fourth contact, the violator is advised that if the violation is not corrected, the matter will be tumed over to the City Attorney. Staff will be Initiating contact with the property owners who have abandoned signs this month. At the Coundrs direction, Staff is prepared to m-visit the drarc sign code revisions as we conUnue to enforce the existing regulations. Our educational efforts could include distribution and explanation of draft materials to the business community with the intent of receiving input for the Coundrs consideration. Staff is prepared to return to the Coundl with the draft revisions in September if the Council so desires. RECOMMENDED ACTION: Receive report and provide direction to Staff. ALTERNAI'~ COUNCI:L POLTCY OPTION: N/A Citizen Ae~i~: N/A Iteqaeste~ by: City Coundl ih~a~ I~/: Chadey Stump, DirectOr of Planning and Community Development Coordinated with: Candace Horsley, City Manager and Chds White, Code Compliance Coordinator Al:tach--ts: 1. Ust of Sign Enforcement Cases APPROVED~ A"n"ACHMENT ! Sign Violation LOg Page 1 SV06-01 Banner 3/29/2006 415/2006 4 SV06-02 Banner 3/29/20061 4/5/2006 2 SV06-03 Banner 3/29/2006 4/3/2006 3 SV06-04 Banner 3/29/2006 4/6/2006 '. 2 SV06-05 Banner 3/29/2006 4/3/2006 1 SV06-06 Banner 3/29/2006 416/2006 1 SV06-07 Banner 3/29/2006 4/612006 4 SV06-08 Banner 3129/2006 413/2006 2 SV06-09 Banner 4/3/2006 5/912006 2 SV06-10 Banner 3/29/2006 4/1712006 2 SV06-11 Banner 3/29/2006 4/12J2006 1 SV06-12 Banner 3/2912006 4/19/2006 4 SV06-13 Banner. 3/2912006 4~5~2006 3 SV06-14 Banner 3/29/2006 4/10/2006 4 SV06-15 Banner 3/29/2006 · 4/512006 1 SV06-16 Banner 3/29/2006 4/6/2006 3 SV06-17 Banner 3/29/2006 4/312006 1 SV06-18 Banner 3/29/2006 3/29/2006 1 SV06-19 Banner 4/13/2006 4/1412006 4 SV06,20 Banner 4/3/2006 4/10/2006 1 sV06-21 Banner 3/29/2006 4/6/2006 2 SV06-22 Banner 4/3/2006 4 SV06-23 Banner 4/3/2006 4/17/2006 2 SV06-24 Banner 4/3/2006 4/10/2006 1 SV06-25 Banner 4/3/2006 4/512006 2 SV06-26 Banner 3/29/2006 413/2006 3 SV06-27 Banner 312912006 5/17/2006 5 SV06-28 Banner 3/2912006 4/3/2006 3 SV06-29 Banner 3/29/2006 4/10/2006 1 SV06-30 Banner 413/2006 4/10/2006 4 SV06-31 Ballon Add 40306 4/1412006 1 SV06-32 Banner 6/26/2006 I Sign Violation Log Page 2 SV06-33 Abandon sign 6/22/2006 SV06-34 A ~bandon sign 6/22/2006 SV06-35 Abandon sign 6/22/2006 SV06-36 Abandon sign 6/22/2006 SV06-37 Abandon sign 6/22/2006 SV06-38 Abandon sign 6/22/2006 SV06-39 Abandon sign 6/22/2006 SV06-40 Abandon sign 6/22/2006 SV06~41 Abandon sign 7/11/2006 SV06-42 Abandon sign 7/11/2006 SV06-43 A Frame 6/13/2006 1 SV06-44 A Frame 6/13/2006 1 SV06-45 A Frame 6113/2006 1 SV06-47 A Frame 6/13/2006 1 SV06-48 A Frame 6/13/2006 1 iSV06-49 A Frame 6/1312006 1 SV06-50 A Frame 6/13/2006 1 SV06-51 A Frame 6/13/2006 1 SV06-52 A Frame 6/1312006 .. 1 SV06-53 A Frame 6/13/2006 SV06-54 AFrame 6/13/2006 .1 SV06-55 A Frame 6/13/2006 1 SV06-56 A Frame 6/13/2006 1 SV06-57 A Frame 6/13/2006 SV06-58 A Frame 6/13/2006 1 SV06-59 A Frame 6/13/2006 1 SV06-60 A Frame 6/i3/2006 1 SV06-61 A Frame 6/13/2006 1 SV06-62 A Frame 6/13/2006 1 SV06-63 A Frame 6/13/2006 1 SV06-64 A-Frame 6/13/2006 ~ 1 SV06-65 Coming Soon 6/13/2006 7/6/,2006 2 SV06:66 Moving Sign 6/13/2006 1 Page 1 of 2· ~il Petereen From: Charley Sttm~ [charleysOcltyofuldah.com] Wednesday, August 02, 2006 2:47 PM gallp Ocityofukiah.com Subject: FW: 8-2-06 City council meeting-Resolutions regarding Hull/Piff Flag I just received this emall from Dave Hull. Gall: Could you distribute it to the Council for the meeting tonight? Chedey From: Dave Hull [mallto:dhuli~amlersagen~com] Sent: Wednesday, August 02, 2006 12:58 I~ To: dlad~ldah.com SubJect: 8-2-06 City coundl mee'dng-ResoluUons regarding Hull/Piff Flag Charley. As I mentioned pre~mly I will be unable to attend tonight's meeting due to a previously planned vacation. I would like to make a few comments that I hope you will pass along since I am unable to attend. Regarding the resolutions I would like to make very clear lhat I am the one that suggested the location for the flag and Ric and I installed it in a joint effort. The report indicates ~is was Ric's project and I had no involvement. Ric may have completed the use permit application in a fashion that gave the wrong impression. I would like to clarify to the council that I believe they misinterpreted your end Ric's explanation of how the flag was located in order to minimize visual impacts. As you and they may know we set the flag back into the hillside in order minimize visual impacts. If we had desired we could have located the flag in as many as a dozen other locations that would have been much more visual from all parts of town. To clarify, we set the flag into the hillside and trees and could have located it on a prominent point suches the previous location wes which would have made it much more visible from all locations. The council did not visit the site es required by law or they would have been aware of this fact. I appreciate your response to my inquiry Monday regarding government code 434.5. I received Mr. Rapports written response to the council earlier today. I would like to add that our legal counsel completely disagrees with Mr. Rapport and further believes it would be very unlikely that if the council follows the resolulfons drafted for this meeting that they will not hold up. I would hope that the council members that indicated they would vote to remove it would re-think their position tonight. We have had support from all over the City, County, Slate and even other states in very large numbem that make it very clear the Flag should and will continue to fly. I hope the council has a change of heart in light of 434.5. I hope that ttmy undemtend that Ric and I and all d our supporters will take what ever action necessary to overturn a vote to remove the Flag. I believe the majority of Voters would he very upset to see the City Council continue with such a frivolous issue. Please extend this massage to the council and extend my regrets that I am unable to attend. Sincerely, Dave Hull Page 2 of 2 Mil Petemen Page I of 2 From: Charley Stump [charle~cityofukiah.com] ~nt: Wednesday, August 02, 2006 2:47 PM To: 'Candaca Horsiey'; 'drapport' Co: gailp O cityofukiah.com Subject: FW: 8-2-06 City council mseting-Reeolutions regarding Hull/Piff Flag I just received this email from Dave Hull. Gall: Could you distribute it to the Council for the meeting tonight? Thmd(s- Charley From: Dave Hull [mailto:dhull~amwsagent,com] Sent:: Wednesday, August 02, 2006 12:58 PM To: cha~klah.com Suldece 8-2-06 oty coundl meeUng-Rescdtrdons regarding Hull/Pie Flag Charley, As I mentioned previously I will be unable to attend tonight's meeting due to a previously planned vacation. I would like to make a few comments that I hope you will pass along since I am unable to attend. Regarding the resolutions I would like to make very clear that I am the one that suggested the location for the flag and Ric and I installed it in a joint effort. The report indicates this was Ric's project and I had no involvement. Ric may have completed the use permit application in a fashion that gave the wrong impression. I would like to clarify to the council that I believe they misinterpreted your and Ric's explanation of how the flag was located in order to minimize visual impacts. As you and they may know we set the flag back into the hillside in order minimize visual impacts. If we had desired we could have located the flag in as many as a dozen other locations that would have been much more visual from all parts of town. To clarify, we set tha flag into the hillside and trees and could have located it on a prominent point suchas the previous location was which would have made it much mom visible from all locations. The council did not visit the site as required by law or they would have been aware of this fact. I appreciate your response to my inquiry Monday regarding govemment code 434.5. I received Mr. Rapports written response to the council eerllar today. '1 would like to add that our legal counsel completely disagrees with Mr. Rapport and further believes it would be very unlikely that if the council follows the reeol~ drafted for this meeting that they will not hold up. I would hope that the council members that indicated they would vote to remove it would re-think their position tonight. We have had support from all over the City, County, State and even other states in very large numbers that make it very clear the Flag should and will continue to fly. I hope the council has a change of heart in light of 434.5. I hope that they understand that Ric and I and all of our supportem wifl take what aver action necessary to overtum a vote to remove the Rag. I believe the majority of Voters would be very upset to see the City Council continue with such a frivolous issue. Please extend this message to the council and extend my regrets that I am unable to attend. ,,~. Dave Hull Page 2 of 2 lOb ITEM NO: DATE: August 2, 2006 AGENDA SUMMARY REPORT SUB3ECT: AWARD OF CONTRACT TO FZSHER & HALL URBAN DES,TGN FORTHE DOWNTOWN/PERKZNS STREET COMMUNZTY W. SXONZNG AND FORH BASED ZONZNG CODE PRO3ECT AND BUDGET AMEHDHENT SUMMARY: On May 17, 2006, Staff discussed the three consultant proposals for the Perkins Street Community Vlsioning and Form Based Code project with the City Council, and was directed to assemble an interview panel and interview all three firms. The panel was assembled, the interviews were condudmd, and a unanimous recommendation to the City Council was formulated. The purpose of this Agenda Item is to discuss the recommendation from the interview panel and award the consultant contract to Rsher & Hall Urban Design. The City Attorney has reviewed and approved the contract. Additionally, Staff is recommending a budget amendment to add $15,200 to Account No. 100.1501.250.000 to cover the cost of important olYdonal tasks assodated with the project. The proposal submitted by Fisher & Hall Urban Design was previously distributed to the City Coundl. (continued on page 2) RECOMMENDED AC/TON: 1) Award the consultant services contract for the Perkins Street Community Visioning and Form Based Code project to Rsher & Hall Urban Design; and 2) Approve budget amendment to add $15,200 to Account No. 100.1501.250.000. ALTERNATZVE AGENCY POI.TCY OPT/ON: Provide alternative direction to Staff. Citizens Ad-dsed: N/A Requested by: Charley Stump, Director of Planning and Community Development Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager Attachment:s: APPROVED: C~ndace kiorsley, Oty Manager At the Coundl's direction, Staff assembled an interview panel that consisted of the following persons: Estok Menton, Downtown Design Review Board and local Contractor Mary Anne Landis, Smart Growth Coalition .Judy Pruden, Main Street Design Committee and Planning Commissioner 3ira Mulheren, Chamber of Commerce and Planning Commission (unable to attend) Sandra Uston, Associate Planner H Charley Stump, Director of Planning and Community Development The ConsulUne Firms The three consulting firms that were interviewed were all very qualified. The firms were: The RRM Design Group, Healdsburg Rsher & Hall Urban Design, Santa Rosa The Znte~w The interview process consisted of three steps: 1. Consultant presentation - Each consulting firm made a presentation outlining its proposal, discussing the project, and describing its team and overall approach. 2. The panel asked a series of the same questions to each consulting firm. 3. The consulting firms were provided an opportunity to ask questions and provide any additional Information about its proposal or approach to the project. E~aluation and The panel scored each firm's response to each question on a scale from 1 to 10. The panelist's tallied their score for each firm at the condusion of the individual Interviews. After all the interviews were completed, the panelists individually ranked the firms. Four of the five panelists ranked the firms the same: No. I Rsher & Hall Urban Design No. 2 RRlVl Design Group No. 30pticos The fifth panelist ranked the RRM Design Group No. i and Rsher & Hall Urban Design No. 2. Because the ranking was not unanimous, the scoring on each question for all three firms was then totaled and the Initial ranking was confirmed: No. I Rsher and Hall Urban Design 428 points No. 2 RRM Design Group 407 points .No. 30pticos 304 points 2 Why Fisher & Hall Urban Detdan? While all three firms were qualified and had their own strengths, the panel conduded that Rsher & Hall stood above the other two firms with its ability to connect to the community. The panel felt that Rsher & Hall had a more inviting and open sense of community partidpation, and that their personalities and overall approach to citizen involvement would be successful in Ukiah. The fisher & Hall Urban Desian Prommal Lois Rsher and Laura Hall are proposing an intensive three-phase program. Phase One: Phase One would consist of Pre-Meetings with Staff, elected and appointed offidals, Chamber of 'Commerce, Main Street members, Design Review Board members, property owners, dtizen groups, and other stakeholders. The consultants would also review existing planning documents, conduct field work, and prepare a Con. s'b'a/nts and Oppor~'un/~es Map. Dudng Phase One, the consultants would also begin preparation for the Community Charrette, which would include recruiting community volunteers to assist the process, conducting publidty and outreach, and solving logistic issues; Rnally, Phase One would include preparation of a Community vision Survey based on the meetings with stakeholders. phase Two: Phase Two is the 5-day Community Charrette held in Downtown Ukiah. A Charrette ~studio" will be open to the public with the most intensive Input gathered in the first three days. The Community Vision Survey would be presented, additional stakeholder meetings would occur, and the as the public provides comments and suggestions, the design team (architect, urban designer, and illustrator) are listening and designing. Design and redesign will take place continually throughout the Charrette. Phase Three: Phase Three is the preparation of the draft SmartCode (form based zoning code). Ol~ieeal Ta~lks Rsher and Hall are offering a number of optional tasks with its approach. Staff is recommending that the C~y incorporate the following optional tasks Into the project: Public Hearing process: Rsher and Hall attendance dudng the public headng process and prepare revisions as directed by the City Council. SmartCode Training Session: A day long workshop with Staff, Planning commission, and Design Review Board in Implementing the SmartCode. 3 Staff communicated with a number of people who have worked with Fisher and Hall Urban Design. These indudecl representatives from the City of Petaluma and the County of HaHn, who both indicated positive experiences with the firm. Additionally, Opticos, when learning that Rsher & Hall had been ranked number one for our project, indicated that they had worked together in the past, and that they were very talented and qualified. The City Attomey has reviewed the contract, interacted with the attomey for Fisher & Hall Urban Design, and has developed language that is suitable to both parties. The contract has been approved to form by the City Attomey. The base cost of the project as proposed by Rsher and Hall is $100,000. The Training Session optior~l task would cost an additional $10,200, and the attendance at public hearings and document revisions is estimated at $15,000. Base Cost: $100,000 · Training Session: $10,200 · Public Hearings Document Revisions: $15,000 Tot:al: $125,200 Budeet Amend~ The adopted 2006-2007 budget induded $110,000 for the project. Accordingly, Staff is recommending that the Council approve a budget amendment to add $15,200 to the cost of the project. The additional funding would be added to Account No. 100.1501.250.000. 4 Attachment CITY OF UKIAH AGREEMENT FOR PROFESSIONAL SERVICES PREPARATION OF DOWNTOWN/PERKINS STREET COMMUNITY VISION PROGRAM AND FORM BASED (SMARTCODE) ZONING REGULATIONS This agreement shall be considered a contract, and is entered into this day of , by and between the CITY OF UKIAH, a general law municipal corporation, hereinafter referred to as "CITY" and Fisher & Hall Urban Design, a partnership, hereinafter referred to as the "CONSULTANT." PREMISES The purpose of this agreement is the preparation and completion by CONSULTANT of a Community Visioning Program and Form Based (SmartCode) Zoning Regulations for the Ukiah Downtown and Perkins Street Corridor. The scope of work is more particularly described in the Exhibit 'W', 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 a Community Visioning and Form Based (SmartCode) Zoning Regulations project. 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 t SERVICES OF CONSULTANT 1.01 CONSULTANT shall provide those technical, expert, and professional services as described in=Exhibit "A," which consists of the scope of work, dated March 30, 2006 and supplemented on June 30, 2006, which is attached hereto as Exhibit wA' and incorporated herein. CONSULTANT shall provide such services within the time limits described below. 1.02 1.03 1.04 1.05 1.08 1.07 1.08 2.01 2.02 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. 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 their work product and hereby warrants that any and all information contained in the final Form Based (SmartCode) Zoning Regulations shall be made and prepared in accordance with generally accepted professional practices. CONSULTANT shall bear the expense of all printing and reproduction costs until the final document is formally accepted by the CITY, at which time CONSULTANT shall turn over to CITY all documents, including a complete elect~)nic version. CONSULTANT shall complete all phases of the project according to the Project Timeline detailed on page 21 of the March 30, 2006 Proposal (attached Exhibit A). CONSULTANT shall deliver three (3) copies of the Administrative Draft SmartCode Approximately one (1) month after the completion of the community design charrette. CONSULTANT shall be responsible for attendance at public meetings and hearings as determined and required by CITY, pursuant to the Time and Materials cost stipulated in Exhibit "A.' CONSULTANT shall revise the SmartCode document at the direction of the CITY pursuant to the Time and Materials cost stipulated in Exhibit CONSULTANT shall provide a SmartCode training session pursuant to the scope and budget detailed in the June 30, 2006 correspondence from the CONSULTANT included with Exhibit A if the CITY decides to pursue this optional task. 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 CITY shall provide any information as to its requirements for performance of the agreement not already contained in Exhibit "A." 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. 3.01 3.02 3.03 3.04 3.06 4.01 4.02 ARTICLE III TERM,(~)I: ~REEMENT The term of this agreement shall commence on the effective date and shall terminate when the CITY has formally accepted the final version of the Downtown/Perkins Street Form Based (SmartCode) Zoning Regulations. This agreement may be extended on its same terms and conditions upon written agreement between the CITY and CONSULTANT. 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." All work by CONSULTANT shall be completed pursuant to Exhibit'W' and paragraph 1.05 above in a reasonable timeframe according to the established deadlines. CONSULTANT shall not be held responsible for delays caused by circumstances beyond its control. CONSULTANT acknowledges that timely performance of services is an important element of this agreement and shall perform services in a timely manner as provided in paragraph 1.05 above and consistent with sound professional practices. 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 CONSULTANT has been selected by the CITY to provide services described in Exhibit "A," *attached hereto and incorporated herein by reference, for which compensation shittl not exceed one Hundred Thousand Dollars ($100.000.00). The optional tasks described in Exhibit 'A', including attendance at public hearings and SmartCode revisions may be authorized by the Director of Planning and Community Development at the Time and Materials cost indicated in Exhibit'A.' CONSULTANT shall provide a SmartCode training session at a not-to-exceed COSt ofTen Thousand Two Hundred Dollars ($10,200.00) if the CITY decides to pursue this optional task. 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 ~100,000.00. The costs for attending Planning Commission and City Council public hearings and making revisions to the SmartCode as directed by the Commission and Council shall be billed on a Time and Material basis. If the CITY pursues the optional task of a SmartCode training session, the cost shall not e)ceed $10,200.00. $.01 5.02 5.03 $.04 5.05 5.06 6.01 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 One Hundred Thousand Dollars (~100.000.00~, except for the extra cost associated with attendance at public hearings and revisions to the draft SmartCode, and the Ten Thousand Two Hundred Dollars ($10,200.00) cost for a SmartCode training session if the CITY decides to pursue this optional task. Fees for professional services for the extra services as outlined herein shall be paid on a time and materials basis. A detailed description and explanation of services and associated fees shall be listed on each invoice submitted by CONSULTANT. CITY shall pay CONSULTANT a retainer fee equal to 20% of the not to exceed amount One Hundred Thousand Dollars ($100,000), which amounts to Twenty Thousand Dollars ($20,000), upon execution of this agreement. Payments to CONSULTANT shall be based on an itemized invoice submitted by CONSULTANT not more frequently than monthly. The invoices shall detail the time expended by each employee of the CONSULTANT (date, hours worked, tasks performed), as well as all reimbursable expenses (airfare, hotels, reproduction, mileage, etc.) and shall not exceed $100,000.00, except as provided for in Section 5.02 above. 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 or services, the total payment and cost of services may be changed by amending the agreement. ARTICLE Vi PROJECT INSPECTION ANp ACCOUNTING, REC, ORDS Duly authorized representatives of the CITY shall have right of access to and inspection of 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. 4 7.01 7.02 8.01 8.02 8.03 ARTICLE VII DI~pOSlltON OF. ~INAL REPORTS All documents and associated materials and backup data as required by this agreement shall be and shall remain the sole property of CITY. CONSULTAN'r's attention is directed to the required notice under Govemment 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 pdor 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 the 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. 5 9.01 ARTICLE IX RESPONSIBILITY FOR CLAIMS AND LIABILITIES 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. The duties and obligations of this Section 9.01 relate only to "general liability" and not to "professional liability" claims and liabilities. 10.01 11.01 11.02 ARTICLE X INSURANCE 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 XI GENERAL COMPLIANCE WITH LAWS 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. The CONSULTANT shall obtain a City of Ukiah Business License prior to commencing work. 12.01 ARTICLE XIII 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, 6 12.02 13.01 14.01 14.02 14.03 15.01 or ancestry, in matters pertaining to recruitment, hidng, 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: am Withholding of payments to the CONSULTANT under the agreement until the CONSULTANT complies, and/or Cancellation, termination, or suspension of the Agreement in whole or in part. ARTICLE XIV 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 AS$1GNMEN ,~ 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. Except as stated above, neither the CITY nor the CONSULTANT shall assign, sublet, or transfer his interest in this ag .reement 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 XVI EXTENT OF'AGREEMENT This agreement shall consist of this agreement, the Scope of Work, dated March 30, 2006 and supplemental correspondence dated June 30, 2006, identified as Exhibit "A", as attached hereto and incorporated herein, and the insurance requirements set forth in the attached Exhibit "B." 7 15.02 16.01 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 XVII 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. 17.01 ARTICLE XVIII 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: Charley Stump, Director Planning and Community Development 300 Semina~j Avenue Ukiah, CA 95482 CONSULTANT/ CONTRACTOR: Lois Fisher Laura Hall Fisher & Hall Urban Design 618 Fourth Street, Suite 203 Santa Rosa, CA 95404 18.0t ARTICLE XIX DUP~IG, ATE ORIGINAI~ 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. 8 19.01 ARTICLE XX · FORUII~ SELECTION CONSULTANT and CITY Stipulate and agree that any litigation relating to the enforcement or interpretation of the agreement, arising out of CONSULTANT performance or relating in any way to the work shall be brought in Mendocino County · and that venue will lie in Idendocino 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 IRS IDN Number Date AP:PROVED AS TO FORM: David Rapport, City Attorney Date 9 t I t I I I I I t I I l I I I I l I I I EXHIBTT A CITY OF UKIAH PROPOSAL FOR: DOWNTOWN AND PERKINS STREET CORRIDOR COMMUNITY VISIONING PROGRAM AND SMARTCODE March 30, 2006 Fourth StrCcl, Su~;c 203 707 ~44 I~10 INTRODUCTORY STATEMENT AND PROJECT DESCRIPTION: Fisher & Hall Urban Design is a leader in the field of form-based coding, authoring the first SmartCode in the nation - the Central Petaluma SmartCode. Since adoption by the City of Petaluma in 2003, Central Petaluma has seen the development of a new $100 million Theater District. This District has blossomed in an old industrial area that had seen almost no redevelopment in the previous two decades. The SmartCode is an excellent option for cities that are interested in an alternative to the conventional use-based zoning that has been the standard across the country for the last 50 years. SmartCodes create walkable neighborhoods and downtowns while building real estate value and market confidence. This creates new opportunities for developer while communities retail their unique sense of place. Fisher & Hall Urban Design is one of/he few New Urbanist firms that has a portfolio of built work resulting from a form-based code, a rare achievement at this time. Our design process begins with an intense community vision event called a "charrette." This intense community process takes place over one week instead of over many months or even years. The intensity of the process requires a strong commitment by the community, but only for a very short period of time. Short feedback loops allow for a consensus design to proceed very rapidly. The resulting designs, illustrations and form-based zoning all address the social needs of people while also honoring a community's valued buildings and natural amenities. This community process will allow Ukiah citizens to inform the design of their downtown while also gaining a sense of ownership in it. This ownership is critical in moving projects forward once the SmartCode is in place. Within the approximate 75-acre study area, the City intends to adopt a new form-based code that will allow new development to be walkable and compatible with the ekisting beloved downtown fabric. The unique features of Downtown Ukiah will be preserved and highlighted with the new urban design that will be created just for Ukiah. The SmartCode is an ideal tool for this type of coding. As differentiated from a conventional zoning code, the SmartCode will have the pattern of new streets laid out, the locations of terminated vistas and new civic amenities, primary and secondary streets, building heights and frontage types, in addition to land use tables. These elements will create certainty for the basis of the form of the toWn, while allowing flexibility in terms of architectural style on the facades of the new buildings. The SmartCode will be packed with illustrations showing the desired urban design tool or technique, assuring that future development fulfills the community vision. The Downtown Ukiah SmartCode will also create certainty for the developer by streamlining the development review process. Fisher & Hall Urban Design Page 2 of 21 March 30, 2006 ASSUMPTIONS: This proposal assumes that: 1. The team SmartCode attorney will work with and under the City of Ukiah's attorney. The Planning Director will be a vital team member, working with the team to create a Downtown Ukiah SmartCode that will meet any special requirements that the City Planning Department may have. COMMUNITY VISIONING PROCESS: The community visioning process will occur in charrette over a compact period of time. The public is invited to an opening presentation that includes a special community visioning survey. They will be able to select their preferences on the ultimate form, design and scale of Downtown Ukiah and the Perkins Street Corridor in this survey. Community members and volunteers will also be welcome to drop by during the first three days of the charrette, whenever it is convenient for them to give their input on the designs and on open-ended public questions posted on the walls. The final two days are devoted to design and production. THE SMARTCODE'S FRAMEWORK AND PERFORMANCE BASED DEVELOPMENT STANDARDS: The SmartCode is a unified land development ordinance for planning and design. It supports community vision, local character, conservation of open lands, transit options, and walkable and mixed-use neighborhoods. The SmartCode is considered a form-based code because it strongly addresses the form of development. Conventional zoning codes focus on use, density and parking, and have caused systemic problems over the past sixty years by separating uses and therefore separating people and activities. The SmartCode goes beyond this by recognizing the fact that while those are all important issues, the form of what gets built is equally or more important. The form-based SmartCode is based upon the urban-rural transect. The transect is an organizing principle that can be used to identify a continuum of intensity for urbanization that ranges from the most natural and rural conditions to the most urban. It employs a framework of six zones of varying character. T.he six zones are: TI-Natural, T2-Rural, T3-Sub-Urban, T4-General Urban, T5-Urban Center, and T6-Urban Core. The Downtown Ukiah SmartCode would probably include T3, T4 and T5. It is .important to note that the SmartCode is not a building code. Building codes address life/safety issues such as fire and storm protection, and are covered by the UBC, IBC, IRC, or ICC documents. Fisher & Hall Urban Design Page 3 of 21 Mar6h 30, 2006 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ADAPTABILITY OF THE SMARTCODE: The SmartCode enables community vision and specific outcomes and is highly adaptable across the entire scale of planning from the region to the building. The SmartCode template addresses development pattems at the scales of planning: - Sector (Regional) Scale - Community (Neighborhood) Scale - Block and Building Scale The Ukiah Downtown and Perkins Street Corridor Study area will be a Community Scale SmartCode. This Community Scale SmartCode will easily 'nest' inside a SmartCode Sector Plan that may eventually be done by the City or the County. Other Community Scale SmartCodes like this project can also be adopted that using the same "DNA" of the Downtown SmartCode, eliminating the tedious Planned Development process that may have previously been the only option for creating development patterns that are mixed-use and walkable. The SmartCode also integrates the design process across professional disciplines, including traffic engineering, architecture, town planning, ecology, landscape architecture, and public works. The Transect is a powerful organizing principle because its standards can be coordinated across many other disciplines and documents, including ITE (transportation) and LEED (environmental performance). The SmartCode is also a very efficient planning tool. It folds zoning, subdivision regulations, and urban design standards into one compact document. Therefore it may replace a number of other documents. Its text is only 28 pages, plus Tables and illustrations. The SmartCode can be supplemented by customized architectural design standards or an architectural pattern book if the community desires more detailed regulation. SCOPE OF WORK: The City of Ukiah Downtown and Perkins Street Corridor is comprised of approximately 75 acres and involves 170 parcels of land. The proposed scope of work for this area is as follows: PHASE l: PRE-MEETINGS · Kick-off meeting with planning staff to fine-tune the'scope of work and understand any special planning interests that would need to be incorporated into the SmartCode. Preparation of a hand drawn Site Analysis Map (Opportunities and Constraints Map) to identify any features of the downtown area that should be preserved, rehabilitated or re-used. Perform a Synoptic Survey as part of the Site Analysis that documents the metrics of Downtown Ukiah's most valued places. These include building heights, setbacks, lot coverage, frontage types, etc. Fisher & Hall Urban Design Page 4 of 21 March 30, 2006 · Familiarize the team with existing planning documents for the Downtown that are currently in place. Stakeholder meetings with groups as recommended by staff. These typically include emergency personnel (fire and police), elected and appointed officials, Chamber of Commerce, Downtown Association, Main Street members, property owners, citizen groups, environmentalists, bicycle advocates, etc. Preparations for the charrette, including assisting staff and community volunteers with publicity and outreach, advising staff of meeting room requirements, determining the best dates for the charrette to be held, scheduling stakeholder meetings, during the charrette and notifying community members prior to the charrette of the meeting times. Charrette Community volunteers are welcomed and encouraged to provide assistance with these tasks and others such as printing and posting signs, posting notes on billboards and email lists, etc. Charrette information to be widely publicized in the local press. · Planning staff identifies examples of current or recent projects that would be helpful in 'testing' the final SmartCode. A Community Vision survey (maximum of eight 24" x 36" boards) is prepared. The exact images and content are based upon input from the stakeholder meetings and results of the Synoptic Survey. These boards will include preferences for desired form, scale and design of the built environment for downtown Ukiah. This exercise is a key part of the public input process during the charrette. Community members not only identify their own preferences but they instantly see the preferences of the community as a whole. As always, this exercise will be done in a way to educate the public about the urban design principles that create walkable environments, such as a sense of containment, public realm, civic spaces, frontage types, and terminated vistas. PHASE 2: CHARRETTE A 5oday charrette will be held in Downtown Ukiah, kicked off by an opening presentation and a Community Vision Survey on the first evening. The charrette studio will be open to the public, with mostinput focused on the first three da)s. The design team includes top experts in the field of urban design and SmartCodes, including a SmartCode attorney, an architect, urban designer and an illustrator. A draft SmartCode (text), Regulating Plan (hand-drawn), Illustrations (4-5 total), Special Requirements Map and Thoroughfare Map will be created during the charrette. Stakeholder meetings will be held the first 3 days of the charrette during which time the charrette team is listening and designing. Community members will be able to provide input on 'question sheets on the walls if they cannot make a meeting time. Fisher & Hall Urban Design Page 5 of 21 March 30, 2006 · Design will take place continually throughout the charrette. An informal pinup on Day 3 allows the community to review the draft designs before the designs are finalized. Closing Presentation is scheduled on the final evening. PHASE 3: FINAL DRAFT SMARTCODE SUBMITTAL · The Final Draft SmartCode text will be finalized and a preface section added featuring visually inspiring illustrations prepared during the charrette. · Two current projects in the pipeline will be tested to see how they would be designed with the new SmartCode. · This work will be comPleted within 30 days of the charrette. OPTIONAL TASKS: Post-charrette work: Fisher & Hall Urban Design will be available on a Time and Materials as needed for the public hearing process and any needed document revisions. See "Fee Schedule" for hourly costs. Transportation Planning: If desired, a transportation planner can be included in the charrette team. The planner would work with fire and police to make sure that the width of new streets is friendly to pedestrians as well as vehicles, including emergency vehicles. SmartCode Training Session: A daylong workshop can be held to assist planning staff, Planning Commission and Design Review in implementing the SmartCode. Customized Architectural Standards: The SmartCode contains a set of basic architectural standards. If there isinterest in a certain architectural styl~ or a higher level of architectural design, customized architectural standards can be created. This work can be done in conjunction with the charrette or after the charrette. Parking Analysis: A progressive parking analysis can be performed that looks at inventive ways to ensure adequate and pedestrian-friendly parking, without being over-parked. Ideal locations of parking garages can also be identified. Code "clean-up" after one year of use. This follow-up work will allow any needed changes to be made. Fisher & Hall Urban Design Page 6 of 21 March 30, 2006 Fisher & HaL1 Urban Design Page 7 of 21 March 30, 2006 SAMPLES OF WORK: Included in the submittal are examples of two SmartCodes authored by Fisher & Hall Urban Design - Central Petaluma SmartCode, Petaluma, California, and Pass Christian, Mississippi SmartCode. These and other projects with references are listed below. CLIENT AND PROJECT LIST: PROJECT Central Petaluma SmartCode: Development of a graphic, form- based code for 400 acres in Central Petaluma, including a comprehensive community participatory process Pass Christian, Mississippi SmartCode: Preparation of a city-wide SmartCode for Pass Christian, a Gulf Coast city nearly destroyed by Hurricane Katrina in 2005. Sebastopol Northeast Area SmartCode: Preparation of an Infill SmartCode for 40 acres in northeast Sebastopol adjacent to the downtown Gulfport, Mississippi SmartCode Sonoma Mountain Village SmartCode: Adaptive re-use of business park in Rohnert Park to create mixed-use, emerging technology community DEVELOPER/CLIENT City of Petaluma 11 English Street Petaluma, CA 94952 David Glass, Mayor (707) 79%2276 Mike Moore, Com. Dev. Director (707) 778-4301 David Keller, Specific Plan Com. (707) 763-9336 Dayton Robinson Planning Commission Chairman (228) 452-4543 Lou Rizzardi, Alderman (228) 216-I 121 Ernest Burdette Economic Development Committee (228) 547-6501 Design Community & Environment 1600 Shattuck Ave., Suite 222 Berkeley, CA 94709 (510) 848-3815 David Early, Project Director Sara Press, Project Manager Tom Ford, Principal Robert Alminana, Project Manager HDR/Town Planning 433 California Street, Suite 600 San Francisco, CA 94104 (415) 954-8009 Brent Warr, Mayor City of Gulfport (228) 868-58 I0 George Carbo, Director Urban Development Dept. (228) 868-5736 Codding Enterprises 6400 Redwood Drive, Suite 300 Rohnert Park, CA 94928 Brad Baker, President Don Codding, Project Director Richard Pope, Project Manager (707) 584-7550 CURRENT STATUS Adopted July 2003 Draft SmartCode in hearings In progress Draft SmartCode in hearings In progress Fisher & Hall Urban Design Page 8 of 21 March 30, 2006 ! Sutter Creek Visioning Workshop: Facilitation of community visioning workshop using SmartCode principles Pescadero Town Planning: Site Analysis, newsletter and community workshop to determine preferences for new development and next steps. City of Sutter Creek 18 Main Street Sutter Creek, CA 95685 Windsor Mill Neighborhood: Medium-density neighborhood in downtown Windsor Transit-Oriented Development Workshop: San Quentin Prison - Reuse Design: Vision workshops and redesign for the adaptive reuse of the San Quentin ~rison site in Marin County. Marin Countywide Plan Update: Key Trends, Issues and Strategies Report Built Environment (Jan. 2003) Rob Duke, City Manager (209) 267-5647 Bruce Barracco, Planning Director (09) 304-0028 Loraine Davis, Chair Visions Committee 209) 304-5125 The Pescadero Foundation PO Box 906 Pescadero, CA 94060 Project Task Force: Lynne Bowman (650) 879-1672 Catherine Peery (650) 879-1846 Celia Ga[~non (650) 747-9334 Work Force Housing Associates 625 - 2nd Street, Suite 102 Petaluma, CA 94952 Doug Elliott, Principal Andrew Silverman, Project Manager Carl Euphrat, Project Engineer (707) 283-0700 Alameda County Congestion Management Agency 1333 Broadway, Suite 220 Oakland, CA 94612 Jean Hart, Deputy Dir., Planning Diane Stark, Senior Planner (510) 836-2560 Tess Lengyel Alameda Co. Transportation Improvement Authority (510) 893-3347 County of Marin Community Development Agency 3501 Civic Center Drive San Rafael, CA 94903 Alex Hinds, Planning Director (415) 499-6282 Dan Dawson, Senior Planner Michele Rodriguez, Planner (4] 5) 507-2801 County of Marin Community Development Agency 3501 Civic Center Drive San Rafael, CA 94903 Alex Hinds, Planning Director (415) 499-6282 Dan Dawson, Senior Planner Michele Rodriguez, Planner (415) 507-2801 Complete ' Phase I complete Concept design completed Successful workshop was held on March 28, 2005 Approved and included in Marin County General Plan Adopted Fisher & Hall Urban Design Page 9 of 21 March 30, 2006 II ! P ! ! ! l I t I I ! I I I I LIST AND RESUMES OF PERSONNEL ASSIGNED TO WORK ON PROJECT: Project Director: Laura Hall Fisher & Hall Urban Design 618 4th Street, Suite 203 Santa Rosa, CA 95404 (707) 544-1910 Architect: Eric Brown Brown Design Studio Project Designer: Lois Fisher Fisher & Hall Urban Design 618 4th Street, Suite 203 Santa Rosa, CA 95404 (707) 544-1910 Illustrator: DeDe Christopher Christopher Illustration 19A Market Street No. 2 Habersham Village Beaufort, SC 29906 (843) 986-9610 SmartCode Attorney: Bill Wright Balch & Bingham, LLP 1901 6th Ave. North, Suite 2600 Birmingham, AL 35203-4644 (205) 226-3462 405 S. Ruth Street Mar)mille, TN 37803 (865) 977-0598 Optional Transportation Planner: DeWayne Carver Hall Planning & Engineering 1237 N. Adams St. Tallahassee, FL 32303 (850) 222-2277 Fisher & Hall Urban Design Page 10 of 21 March 30, 2006 I HI i:2 HALI U ~B A N D [ $ I C; N Traditional ?'o~n Planning · WorIs~oRs · Form-Based Codes LAURA HALL EDUCATION: M.A. Landscape Architecture, University of California, Berkeley, 1992 B.A. Landscape Architecture, Magna Cum Laude, University of California, Berkeley, 1990 PROFESSIONAL EXPERIENCE: 1997 to present PRINCIPAL, Fisher & Hall Urban Design Community workshops and project management for infill and greenfield form- based zoning codes for cities and regions. Projects include the Rebuilding Plan for Pass Christian, a Mississippi Gulf Coast town decimated by Hurricane Katrina; the groundbreaking Central Petaluma SmartCode for 400-acres surrounding the Petaluma River in the center of Petaluma; the San Antonio "City South" SmartCode for an 80-square-mile annexation area; SmartCode training seminar for the City of Sutter Creek; Pescadero Town Plan and SmartCode community workshop; and the San Quentin Reuse Vision Plan. 2004 to present 1998 to 2003 1994 to 1997 1992 to 1994 COMMUN~ ACTIVITIES: CO-AUTHOR, SmartCode Manual INSTRUCTOR, University of California, Berkeley Extension "Social Factors in Community Design" ASSISTANT PLANNER & URBAN DESIGNER, Carlile Macy Responsible for assistant planning and design of public and residential projects with an emphasis on the social aspects of design. Projects included Site Analysis for Vineyard Commons Senior Community in Fountaingrove and Concept Design for Taylor Mountain Village, a traditional mixed-use neighborhood in SE Santa Rosa. ASSISTANT DESIGNER, ZAC Landscape Architects Responsible for landscape design with an emphasis on the public realm. Leadership Santa Rosa graduate, Class XI Frequent contributor to The Press Democrat on local urban design isshes COMMISSIONS: Town of Windsor Planning Commission, 1995-1998 Town of Windsor General Plan Advisory Committee, 1994-1995 PROFESSIONAL AFFILLIATIONS: Congress for the New Urbanism Fisher & Hall Urban Design Page 11 of 21 March 30, 2006 FISHER HALL URBAN DF&IG N Santa Ro~a, CA 95404 FAX 707 5~4 1944 LOIS FISHER EDUCATION: B.S. Landscape Architecture, Cum Laude, California Polytechnic State University, San Luis Obispo - ! 983 B.A. French, Cum Laude, Santa Clara University - 1979 Techniques of Traditional Town Planning, Seminar by Andres Duany, July 1994, Harvard Graduate School of Design Sonoma County Environmental Forum Graduate, 1995 REGISTRATION: Landscape Architect in the State of California RLA 2578 Landscape Architect in the State of Mississippi RLA 475 PROFESSIONAL EXPERIENCE: 1997 to Present PRINCIPAL, Fisher & Hall Urban Design Project designer with an emphasis on form-based coding to create walkable towns and neighborhoods as an alternative to sprawl. A strong focus on site analysis and consensus building is used as a finn foundation for all design work. Projects include a SmartCodc for Pass Christian, Mississippi, Agilent Campus Reuse Master Plan & SmartCode in Rohnert Park; Windsor Mill neighborhood in downtown Windsor, Pescadero Town Plan, Central Petaluma SmartCode; Sebastopol SmartCode, San Quentin Vision Plan, the Cotati Downtown Plan; and Basin Street Landing, a historic infill project in Petaluma. 2002 to 2004 INSTRUCTOR, University of California, Berkeley Extension Design Studio 1996 to 1997 URBAN DESIGNER & LANDSCAPE ARCHITECT, Carlile Macy Experience in urban design and landscape architecture for a wide range of projects including new towns, traditional neighborhoods, and city parks, with a special interest in creating and restoring traditional downtown areas and neighborhoods. Projects included a master plan for Prince Memorial Greenway through downtown Santa Rosa. 1987 to 1995 1985 to 1987 1983 to 1985 COMMISSIONS: PROFESSIONAL AFFILIATIONS, URBAN DESIGNER & LANDSCAPE ARCHITECT, Carlile/Associates Team member for the restoration plan for the 9-mile long Santa Rosa Creek. Landscape architect and project manager fof the 200-acre Skyhawk Planned Community including Skyhawk Park and Creek. Design team member for Taylor Mountain Village, a mixed-used neighborhood proposed for Santa Rosa. LANDSCAPE ARCHITECT, POD, Inc. (now Sasaki Associates, Inc.) LANDSCAPE ARCHITECT, Peridian Group Town of Windsor Planning Commission 1998-2005, Chair from 2001-2002 Congress for the New Urbanism Leadership Santa Rosa Graduate, Class XI Fisher & Hall Urban Design Page 12 of 21 March 30, 2006 Debra Hempel ~ Proiect Coordinator Duties & Responsibilities Project Coordination Community Planning Education B.A. - Geography University of South Florida, 1980 Professional Associations American Planning Association Honors & Awards Outstanding Team Award, Hillsborough County Planning Commission, Northwest Hillsborough Community Plan (4/00) Project Team Award, Council for Sustainable Florida, Northwest Hillsborough Community Plan (5/00) Ms. Hempel's diverse professional experience includes six years as a cartographer, eight years as marketing manager and permit coordinator for an environmental, planning, and engineering firm, and two years as a land planner. For the past six and one half years, she has worked for Duany Plater-Zyberk (DPZ), one of the preeminent town planning firms in America. With DPZ, Debra served as the project coordinator on more than 85 large and small scale community- planning projects throughout the US and internationally. Her work included project/charrette coordination, logistics, scheduling, document research, data/code collection and review, land use mapping, marketing, and public relations. Representative Experience Project Coordination Onondaga County Master Plan Onondaga County, New York Master Plan for 800 square mile county which proposed 6 typical designs that could be implemented by the various communities xvithm the County. Typical designs included Town Center, In fill, Greenfield, Main Street, Neighborhood Retrofit and a Town Plan. New Orleans Naval Training Center New Orleans, Louisiana A proiect that combines the retrofitting of more than 200 existing housing units and the additions of at least 350 new units. The Plan includes a mixture of apartments, townhouses and single- farrgly houses, parks and charter school Downtown Sarasota Master Plan Sarasota, Florida Preparation of Master Plan for the downtown and three adiacent walk- to-town neighborhoods. Harborside at Lake Carolina Columbia, South Carolina Master Plan for the town center, commercial/office complex and an adjacent neighborhood for the Lake Carolina Development. Harborside, the new town center, will feature retail shops, restaurants, a pub and a bed and breakfast mn. Town of Cornelius TOD Cornelius, North Carolina This project was initiated to design a Transportation Oriented Development in preparation of cormnuter rail service from North Mecldenberg County to Charlotte. The project features apartments, neighborhood shops, restaurants, an elementary school and a community center around a square near the proposed transit stop. Townhouses, bye-work units and single-family houses line the streets between two greenway park systems woven through the site. Brytan Gainesville, Florida 150 acre TND on Archer Road. This project will feature a commercial/retail component at Archer Road with townhomes, apartments and single-family homes designed around a central park. Estanaa Yerba Buena Nogales, ~4ri~ona Fisher & Hall Urban Design Page 13 of 21 March 30, 2006 ARCfllI'[CIURE.IJRBA~ D[~IGN Brown Design Studio was formed with the intent of assisting with the implementation of quality New Urbanist projects. Based out of Historic Beaufort, South Carolina, we bring a Strong understanding of historic urbanism. Our experiences have given us :the understanding to apply those historic lessons to modern traditional developments. Our firm specializes in urban planning, commercial, multi-family and civic architectural design. We also have significant experience with architectural review, coding and developing architectural imagery. Our clients include private developers, builders and public entities located from the Gulf Coast to the mid-Atlantic region. A short list of notable projects would include work in: Habersham, Newpoint and East Beach. A strong commitment to New Urbanism and a traditional design is the corner stone of our firm. Our years of experience in assisting to build these projects gives us the insight to continue to provide quality design work. The tools we use to implement these designs are attention to our clients and a fresh approach to each new project. 1gA Market #2 Beaufort, South Carolina 29906 843.986.9610 fax: 843.3799610 Fisher & Hall Urban Design Page 14 of 2l March 30, 2006 405 S. Ruth St. · Maryville, TN 3 7803 DEDE CHRISTOPHER · (865) 977-0598 ·dchristopher~nxs. net PROFILE Dede Christopher received a Bachelors degree of Architecture from Clemson University in 1984 and a Masters of Architecture degree from the University of Tennessee in 1996 where she focused on architecture and urban design. She has worked as a designer, intern architect, and architectural illustrator in several talented firms throughout the years and in 1989 established her firm, Christopher Illustration. Her company serves numerous clients throughout the United States and continues to strive for excellence in all areas of design, presentation, architectural illustration, and the design charrette process. PROFESSIONAL EXPERIENCE ARCHITECTURE Andrews Fine Homes; Intern Architect, Maryville, TN: 1996-2003 Brewe~- Ingram Fuller Architects; Intern Architect, Knoxville, TN: 1994-1995 Travis Whitfield Hancock Architects, Inc.; Intern Architect, Chattanooga, TN: 1992-1994 Benjamin Hirsch and Assoc.; Intern Architect, Atlanta, GA: 1984-1985 ILLUSTRATION Christopher Illustration; Maryville, TN: 1989-present Dan Harmon and Assoc.; lntem Illustrator, Atlanta, GA: 1985-1989 MAJOR URBAN DESIGN CHARRETTES Meadows of Buena Vista, CO, 2006 Pass Christian, MS, 2006 Tollgate Village, Franklin TN, 2005 Miller's Farm, Montgomery, AL, 2005 City of Leander, TX, 2005 Maryville/Blount Co Growth Strategies Plan, 2003-20005 The Waters, Montgomery, AL 2004-2005 Vicksburg Downtown Master Plan, MS 2002-03 Market Square Master Plan, Knoxville, TN 2001-2002 Hill St., Seattle, WA, 2001 Michigan at Trumball, Detroit MI, 2000 Cherokee NC Master Plan, 2000 PUBLIC SERVICE Board of Zoning Appeals, Maryville, TN: 2005-2006 Architectural Design Review Board, Maryville, TN: 1999-2005 Nine Counties One vision, Knoxville, TN: 1999-2004 'Community Design Center, Knoxville, TN: 1997-present Fisher az Hall Urban Design Page 15 of 21 March 30, 2006 William S. Wright Office Address: .1901 Sixth Avenue North Suite 2600 Birmingham, Alabama 35203-4644 Phone: (205) 226-3462 Fax: (205) 488-5841 Emaih wwright@balch.com ~ I)o~.,~Jnlgad ',,Card tile WILLIAM S. WRIGHT is a Partner in the Real Estate and Commercial Transactions Practice Group of the firm's Financial Services and Transactions Section, working with clients on commercial, real estate, financing, contractual and organizational matters and transactions. His work includes financing, leasing, development, construction and other transactions involving shopping, multi - and single family residential, office, retail, mixed-use and governmental agency-supported housing developments, mortgage warehousing, REIT's, equipment (including aircraft, vessels and 'rolling stock), receivables, securities and other properties and assets. Mr. Wright's work also includes consultation on municipal land use regulation matters. He is active in the promotion of the SmartCode, a model land use development and zoning ordinance that enables and encourages Smart Growth and New Urbanist development. Mr. Wright is co-author with internationally known architect and town planner, Andres Duany, of the SmartCode Manual, a guide to the. adoption, customization and implementation of the SmartCode. Both electronic and hard versions are available at Yvwv:.ph~cen~akers.com. Mr. Wright is a speaker for the SmartCode Workshop, which is presented semi-annually at locations throughout the country, and recently spoke on legal issues involved in Smart Growth development at the Land Development Conference, a national gathering of real estate developers. Admitted: · Alabama, 1981 Education: · 3.O., Cumberland SChool of Law, 1981; rnagna cum laude Articles Editor, Cumberland Law Review, I~lember, Curia Honoris · B.S., University of Alabama in Birmingham, 1976 Fisher & Hall Urban Design Page 16 of 21 March 30, 2006 '. i" Hall Planning & Engineering, Inc. DeWayne Carver, AICP TRANSPORTATION PLANNER Professional Qualifications Educalion Master of Regional Planning, 1993 University of N Carolina at Chapel Hill B.A, Urt)an Studies, 1991 University of Tennessee Employment Record Hail Planning & Engineering TalTran, City of Tallahassee Florida State University C~ege of Business Exec. Dir., Commuter Services of N. Florida Asst. I:)ir., The Ma~keltng Inslitule Areas of Experliae Transit Planning Transportation Planning Transit Odentsd Design Transportalion Demand Management Pedesbian arid bicycle ptanning Profsesional Activities American Inaliluta of Cerlified Planners American Planning Association Congress for the New Urbanism Professional Synopsis ! ! ! Mr. Carver has extensive experiance in transpor[a, tion demand management programs and Idanning, including transit, bicycling,' and pedestrian planning. As a Transportation Planner with HPE, Mr. Carver provides general ~anning assistance in all aspects of development planning, as well as transportation planning functions. While at TalTran, the City of Taltahaasee's transit system, Mr. Carver served as the Senior Planner and later as the Transit Planning Administrator, In these positions, he was responsible for co#acting 'and reporting transit data for the Na§onal Transit Database, project management for Federal Transit Administralion projects, and budget preparalion and management for TalTran. Mr. Carver also provided Ihe primary conneclJon between TalTran's fixed route service and ~te various citizen and community groups that ride or are interested in public transit. His responsibilities included public speaking appearances and representing the City at transit-related community meetings and workshops. He was also the pdmary contact between TalTran and other planning agancies on various transportation and land use planning issues. From 1993 to 2002, Mr. Carver served as the Executive Director for Commuter Services of North Flodda (CSNF), a regional commuter assistance program operated by the Markel~ng Inslilute at Ihe Florida State University College of Business. CSNF was responsible for implementing transportation demand management programs in a ten-county area of north Florida. As the Execulive Director, Mr. Carver was responsible for preparing and implementing the annual Flodda Department of Transportation work program for CSNF, supervising a staff of four employees, and making presentations to employers, govemmant department heads, and citizens groups to promote CSNF programs. Mr. Carver also represented CSNF on the Technical Coordinating Committee of the Tallahassee-Leon County MPO, where he was recognized as an expert on and advocate for altemalive transporta~on, including walking and bicycling. During the same time period, Mr. Carver served as Itm Assistant Director of Ihe Marketing Institute, a departnanl of the FSU College of Business. The Markeling Instituta specializes in applying market and business concepts to transportation programs. Mr. Carver served as a Principal Investigator or Researcher on projects such as finding better ways to deliver transit passenger informalion, marketing transit oriented design projects, and improving transit involvement in development review. 1237 N. Adams St., Tallahassee, FL 32303 · (850) 222-2277 · www.hpe-inc.com Fisher & Hall Urban Design Page 17 of 21 March 30, 2006 PROJECT BUDGET: (Please note that a 20% retainer is needed to begin work, due to the upfront expenses incurred in the charrette process.) Phaee 1: Pre, Meetings Sign contract Kick-off meeting Site visit, site analysis a. Obtain base maps, zoning info, etc. Stakeholder meetings (4 in one day) a. City staff, including police and fire b. Elected and appointed officials c. Chamber of Commerce, Downtown Assoc. Main Street Program, merchants downtown property owners d. Citizen groups/environmentalists e. Travel time Charrette preparation a. Assist staff with publicity/outreach b. Location (advise staff of room requirements) c. Determine dates d. Schedule charrelte meetings e. Prepare Community Vision Survey f. Prepare Opening Presentation g. Project coordination Subtotal hours (per consultant) Subtotal costs (par consultant) Subtotal Phase I coats $ 27,450 $150/hr $150/hr $30/hour $280/hr $100/hr $150/hr $120/hour 4 4 15 4 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 2 2 10 2 2 4 142' 31 50 21,300 4,650 1,500 Phase 2: C barrette 5-day charrette (includes travel) a. Stakeholder meetings b. Visual preference survey (form,scale,design) c. Regulating Plan d. Illustrations e SmartCode text (includes basic architectural standards) f. Special Requirements Plan g. Thoroughfare Map Subtotal hours (per consultant) Subtotal costs (par consultant) 55 55 30 '55 58 55 55 55 0 30 55 58 55 8,250 6,250 0 8,400 5,500 8,700 6,600 Subtotal Phase 2 costs $45,700 Fisher & Hall Urban Design Page 18 of 21 March 30, 2006 PROJECT BUDGET (con'd.): Phase 3: SmartCode Submittal a. Finalize Smartcode & Preface, and test lwo current projects (due 30 days after charrette) b. Project coordination Subtotal costs (per consultant) Subtotal Phase 3 costs Total Cost (all pha~e~) Reimburetble expense~ (aiffare, hotels, reproduction, mileage, etc.) Final Cost (not lo exceed) 10,500 83,650 16,350 $100,000 Oirector i ~.,~r., I p,~nner I ~" I I I ! $150/hr $150/hr $30/hour $280/hr $100/hr $150/hr $120/hour 40 10 20 3,000 7,500 0 0 0 0 0 OPTIONAL TASKS 1. SmartCode Hearings (Time and Materials basis) a. Respond to staff questions b. Attend public hearings 2. SmartCode document revisions, if needed (Time and Materials basis) a. Revise Regulating Plan b. Revise SmartCode text c. Revise Special Requirements Plan d. Revise Thoroughfare Map/Cross sections 3. Transportation Planning for the Study Area: $10,000-$15,000 4. SmartCode Training Sessions: $5,000-$10,000 a. Daylong workshop to assist staff and Design Review/Planning Commission m SmartCode implementation 5. Customized Architectural Standards: $15,000-50,000 (depending on level of specificity required) 6. Parking Analysis: $20,000-$25,000 (depending on scope) a. Craft progressive parking standards, locate parking garages, etc. 7. Code "clean-up" after one year of implementation: $10,000-$25,000(depending on scope) a. After one year of implentation, fine tune the SmadCode to continue to meet Ukiah's needs. Fisher & Hall Urban Design Page 19 of 21 March 30, 2006 SUPPLEMENTAL CORRESPONDENCE .lune 30, 2006 The following is the scope and budget for the SmartCode training session: 1. Kick-off meeting with Planning Director at F&H office to review/refine scope (4 hfs) 2. Prepare educational documents, exercises and slide show for daylong workshop. (34 hrs) Work with staff to create application forms for property owners/developers within SmartCode zoning district (4 hrs, al~er that T & N) '4. Workshop training day, including travel (18 hfs) 5. Prepare and review evaluations of workshop (4 hrs) 6. Prepare letter with summary of training session, evaluations and recommendations (2 hrs.) Total: $9,900 Reimbursables (travel, supplies, etc.): $300 (est.) Let me know if you have any questions. Have a great weekend! Best, Laura Laura Hall, CNU FISHER & HALL URBAN DES[GN 618 - 4th Street, Suite 203 Santa Rosa, CA 95404 (707) 544-1910 I I I I I I I I I I ! I I ! I ! I ! ! ! ! ! ! ! ! ! ! ! ! I t Fisher & Hall Urban Design FISHER & HALL li R B A ~ D E S I G N 618 I'ourlh Slx'Cci, Suite 20,~ 707544 1910 Santa RO~l. Ca~ 054(~ FAX 71~7.5~4 FEE SCHEDULE STAFF BILLING RATES Billing Rate Position (per hour) Project Director $150.00 Project Designer $150.00 Draftsperson $100.00 Secretary $50.00 REIMBURSABLE EXPENSES* Item Charge Mileage $0.45/mile Expenses 10% surcharge * Includes direct expenses such as blueprints, color copies, travel, lodging, workshop materials, etc. ' Page 20 of 21 March 30, 2006 I i i i I I I i I i I I I I ! ! l ! ! I ! I ! ! ! ! ! ! ! ! t t I I PROJECT TIMELINE: Phase 1: Pre-Meetings & Site Analysis Phase 2: Design Charrette Phase 3: SmartCode Submittal Staff Review Optional work: Public hearings & SmarlCode modifications t Mo~h8 ~ Mo~th9 Monlh, i Month2 ,i Mot, th3 ~i MOmh4 Month5 , Monlh6 ~ I ................................... ~ ............ ~ ............ ,._, ............ ....... ~ ...... :_ . . =' . ............. :'~ ............. ~ ............ i ............ .~ ............................ This timeline begins at the point that the contract is signed and the retainer is received. THANK YOU. Fisher & Hall Urban Design Page 21 of 21 March 30, 2006 EXH [B T B I'NSURANCE RE( UI'REHENTS 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 the performance of the work hereunder by the CONSULTANT, his agents, representatives, employees or subcontractors. A. MZNI'MUM SCOPE OF I'NSURAN~E Coverage shall be at least as broad as: Insurance Services Office form number GL 0002 (Ed. 1/73) covering Comprehensive General Uability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Uability 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. MI'NI~MUM I.tMTI'S OF I'NSURANCE 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. e Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. Worker's Compensation and Employers Liability: Workers compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. C. DEDUCTIBLES AND SELF-ZNSURED RETENTZO,N$ 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 UkJah, 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. OTHER ZNSURANCE PROVZSZON$ The policies are to contain, or be endorsed to contain, the following provisions: :L. General Liability and Automobile Liability Coverages m 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. The CONSULTANT'S insurance coverage shall be primary insurance as respects the City of Ukiah, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the City of Ukiah, its officers, offidals, employees or volunteers shall be excess of the CONSULTANT'S insurance and shall not contribute with it. 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. 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. 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. All coverages Each ]~nsurance 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. 2 E. ACCEPTABZLTTY OF ZNSURERS Insurance is to be placed with insurers with a Best's rating of no less than A:VII. VERZFZCATZON OF COVERAGE CONSULTANT shall furnish the City of Ukiah with certificates of insurance and with odginal endorsements effecting coverage required by this dause. 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. 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. 3 'ITEM NO: 10c MEETING DATE: AGENDA SUMMARY REPE~RT August 2. 2006 CONSIDERATION AND ACT[ON TO APPROVE A BALLOT ARGUMENT REC-dLI~)ING THE MEASURE TO INCREASE THE HOTEL AND MOTEL ROOM TAX; DL~"USS AND ADOPT PROPOSED RESOLUTION REGARDING THE USE OF SAID TAX At the July 19, 2006 City Coundl meeting, the Coundl adopted a resolution approving placing a ballot measure on the November 7, 2006 ballot increasing the Hot~l-Motel Room Occupancy tax from 8% to 10%. Approval of the ballot argument in favor of the measure was continued to this meeting. Additionally, Coundlmember McCowen is submitUng for Coundl's consideration a draft' resolution which, if adopted by the Coundl, will designate the purposes for which the increased funds could be expended. Coundlmember McCowen is suggesting for discussion the following purposes for use of the funds should the increased rat~ be approved: No less than 50% of the funds shall be expended for: * Promotion of the City of Uklah and its tourist industry; The balance of the funds shall be expended for: * Economic development; * Beautification of commerdal areas in the aty of Uldah; * Park development and maintenance. * Recreation program scholarships RECOMMENOED ACTION: 1. Discuss ballot argument language, amend ~ desired, and adopt. 2. DISCUSS proposed resoluUon, amend and adopt if Coundl chooses. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Do not adopt ballot argument. 2. Do not adopt resolution. Requested by: Prepared by: Coordinated with: Attachments: C~y Council Candace Horsley, City Manager dohn McCowen. Councilmember 1. Draft Ballot .Argument. 2. Draft Resolution. Appr°ved~nager Affachment # l Ballot Argument Measure will add 2% to the existing hotel and motel room occupancy tax which 'is primarily paid by tourists, and which ensures that visitors to our City will share in the cost of providing public services and maintaining public facilities. The current rate charged by the City of Ukiah, which was last amended in 1990, is lower than the County of Mendocino or-o~ and every other city in Mendocino County. It is also lower than Sonoma County and seven of nine cities in Sonoma County. Statewide, 70% of all cities with a room occupancy tax charge more than the City of Ukiah. When you travel, you are paying a higher rate in most cities you visit. Raising the rate to ~0% is Consistent with what most cities currently charge. * Will not increase anyone's property tax, sales tax or business license fee. * Will only apply to overnight accommodations (hotel, motel and bed and breakfast rooms). * Will only apply to rooms that are actually rented and will be paid by the person renting the room. * Will not negatively impact the local tourism industry because the proposed change is in line with other nearby jurisdictions. A "Yes" vote for Measure will help insure that funds will be'available for General Fund purposes, including promotion and tourism efforts, economic development, park development and maintenance and reckon hip ' program scholars s; r ........ r .................... , dovotol~m~, ' that are currently underfunded. It is Only fair that tourists who~d.&/~l~ ............,., ..- ..,~ --,---o,a~ use our park and · ,: ~:* ............ pUbli recreation facilities, .............. and sse other c services should contribute to their upkeep. Please vote "yes" on Measure to keep your City financially healthy RESOLUTION NO, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING Al JDWABLE USES OF H~ MOTEL ROOM OCCUPANCY TAX REVENU~ RESULTING FROM AN INCREASE IN THE TAX RATE FROM 8% TO 10%, 1. The City of~ in 1965 adopted Sections 1750-1763 (Chapter 8A of Division One) of the Ukiah City Code'("UCC"), establishing a hotel-motel mom occupancy tax by an' ordinnnce known ns the Uniform Transient Occupancy Tax Ordinnnce; and 2. Said tax is a general excise tax imposed on each person 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 Ci~r, 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 mom 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, 2006, a mensure 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 votes in the November 7, 2006, 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 incrense 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 and increased promotional efforts if increase is approved by the voters; and 9. The City CoUncil wants to inform the voters of the City and future City 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. Not less than 50% shall be expended for: Promotion of the City of Ukiah and its tourist industry; B. The balance shall be expended for: * Beautification of commercial areas within the City of Ukiah; * Economic development within the City of Ukiah; * Park development and maintenance within the City of Ukiah; * Scholarships for local children to attend local recreation programs. 2. Prior to conducting public hearings on the annual budgr, t, 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 I 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 ali 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 2nd day of AuguSt, 2006, by the following mil call vote: AYES: NOES: ABSENT: ATTEST: AGEND~A ITEM NO: 10 d MEETING DATE: Au~:lust 2, 2006 SUMMARY REPi~RT SUBJECT: ADOPTION OF ORDINANCE AMENDING UKIAH CITY CODE SECTION 1151, REGARDING APPOINTMENT OF PLANNING COMMISSION MEMBERS 8~y= This. item was continued from the July 19, 2006, City ~ncil meeting. The ASR and ordinance from that meeting are attached for Council s consideration. Additional information based on aue~tion8 from the Councilmembe~: Councilmember Rodin asked whether changing the way Planning Commissioners are removed is a preferable altemative to requiring approval of appointments by a majority of the City Council. Ukiah City Code Section 1200 govems the removal of the members of all City commissions and boards, including the planning commission. That section provides: 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-f'Rhs (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. RECOMMENDED ACTION: Adopt ordinance or provide direction to staff on how the City Council wants to handle commission appointments and removals. ALI~RNAi~/E COUNCIL POLICY OPTIONS: N/A Requested by: Prepared by: Coordinated with: Attachments: City Council David J. Rapport, City Attomey City council 1. ASR from July 19, 2006 Council meeting and Ordinance Amending UCC SeCtion 1151 2. Letter from Councilmember Baldwin Approved. _~-~~~~~ Candace Horsley, C~ Manager' ASR re: Planning Commission Ordinance July 28, 2006 Page 2 The ordinance as currently written is intended to avoid due process .requirements of prior notice and a hearing prior to the removal a member of a City commission or board and to permit that removal whenever a commissioner or board member has lost the confidence of four out of five City Council members. 'rhe current version of the section avoids a public airing of complaints about a particular member of a commission or board, which could be embarrassing and awkward for the commissioner or the City Council. However, the Council could authorize the removal of a planning commissioner by a majority vote and it could require a showing of cause in order to remove a commissioner. If the City Council were to require a showing of cause before a commissioner or board member could be removed, in my opinion, due process would require prior notice and an opportunity for a hearing. ITEM NO: 10e MEETING DATE: July 19, 2006 AGENDA, SUMMAi~Y REPORT SUBJECT: ADOPTION OF ORDINANCE AMENDING UKIAH CITY CODE SECTION 1151, REGARDING APPOINTMENT OF PLANNING COMMISSION MEMBERS SUMMARY: By less than a unanimous vote, the City Council introduced an ordinance at its regular meeting on June 21, 2006, which amends Section 1151 of the Ukiah City Code. That section contains the procedure for appointing members to the Ukiah Planning Commission. The amended ordinance would change the current procedure by requiring a majority vote of the City Council to approve nominations of planning commissioners by individual City Council members. Under the current procedure., each City Council 'member appoints one member to the Planning Commission. Approval of that appointment by the City Council is not required. At least five days must elapse after the introduction of an ordinance before the ordinance may be adopted by the City Council. Ordinarily, ordinances introduced at a City Council meeting are placed on the agenda for adoption at the next meeting. 'In this case, the adoption was delayed by one meeting, because the City Attorney was on vacation and ~could not attend the July 5 City Council meeting. Ordinances which are introduced by a unanimous vote of the City Council are placed on consent calendar for adOption. Since this ordinance was not introduced by a unanimous vote, it has been placed on the agenda under Unfinished Business. The ordinance introduced at the meeting on June 21' contained a modification to the. ordinance proposed in the agenda packet for that meeting. The change added 'follow the rules adopted by the Commission' to the list of planning commission functions listed in finding No. 4.. The ordinance attached as Attachment I includes that modification. RECOMMENDED ACTION: Adopt ordinance. ALTERNATIVE cOUNCIL POLICY OPTIONS: Modify ordinance which will result in a one meeting delay in adoption or not adopt ordinance and leave existing procedure in place. Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/a City Council David J. Rapport, City Attomey City Council I - Ordinance Amending UCC Section 1151 Approved: ~H~H~~,~anager ATTACHMENT 1 ORDINANCE NO. ORDINANCE OF ~ CITY COUNCIL OF ~ CITY OF UKIAH AMENDING SECTION 1151 OF ~ UKIAH. CTrY CODE, PERTAINING TO ~ MEMBERSHIP OF AND APPOINTMENT OF MEMBERS TO ~ UKIAH PLANNING COMMISSION The City Council of the City of Ukiah hereby ordains as follows: FINDINGS: 1. The City Council finds that a diversity of views should be represented on the City's Planning Commission. 2. This diversity of views is .best achieved, if each City Council member has the opportunity to select a planning commissioner. 3. It is the intent of the City Council that each City Council member should have the opportunity. to select a planning commissioner, subject to ratification by a majority vote of the City Council. 4. It is the expectation of the City Council that the commissioner.nominated by a City Council member will be approved by a majority vote of the City Council, except in unusual circumstance, where a majority of the City Council does not believe that the candidate is suited to perform the functions of a planning commissioner, which include an ability to understand and apply the laws and standards that apply to commission decisions, listen carefully to evidence and argument presented during commission meetings, follow the rules adopted by the Commission, and make reasoned decisions and clearly articulate positions. SECTION ONE. Section 1151 of the Ukiah City Code is hereby amended to read as follows: §1151: MEMBERs; APPOINTMENT: Said commission sbo!l consist of five (5) members who shall be registered voters 0fthe city. Bach member of the City Council, including each newly elected or appointed City Council member, may nominate one commissioner who shall be appointed to the commission, if approved by a majority.vote of the City Council. Each commissioner's term of office shall coincide with the term'of office, of the City Council member who nominated him or her. A new City Council member selected to fill a vacancy on the Council and serve out an unexpired term of office may nominate a replacement of the commissioner nominated by that Council membeffs predecessor in office, who shall.be appointed for the remainder of that Council ORDINANCE NO. 1 member's term of office, if. approved by a majority vote of the City Council. If a commissioner vacates his or her office before the expiration of his or her term of office, the City Council member who nomiruRed that commissioner may nominate a replacement to serve the remainder of that commissione/~s term of office, wh° shall be appointed, if the nomination is approved by a majority vote of the City Council. If a City Council member's nomination receives less [him a majority vote, he.or she may nominate additional candidates, one at a time, until one of them is appointed by a majority vote of the City Council. Commissioners shall be nominated and voted upon at a single City Council meeting, unless a different procedure is approved by a majority vote of the City Council. If a City Council member fails to nominate a commissioner within sixty (60) days after the vacancy occurs, a majority of the City Council shall fill the vacancy following the procedure used to appoint members to other city commissions and boards. SECTION TWO 1. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have adopted this Ordinance and any. section, subsection, sentence, clause .or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or otherwise invalid. 2. EFFECTIVE DATE. This Ordinance shall be published as required by. law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption. It shall apply to injuries or damage occurring after it .becomes effective. Introduced by rifle only on ,2006, by .the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Adopted on ,2006 by the following roll cal~ vote: AYES: NOES: ABSENT: ABSTAIN: Mark A~. hiku, Mayor ATTEST: Gail Petersen-Latipow, Deputy City Clerk ORDINANCE NO. 2 Aftachment · ~ July 27, 2006 Fellow Council~, I respectfully ask this Council to reconsider before making this proposed change. The current appointment process has been in effect less than twb years. What evidence is there that our current ~s is malfunctioning? I offer four points for your scrutiny in hopes of generating second thought on this item. First, the current system provides ample Council oversight of the Planning Commission. At present, one's hypothetical, consistently recalcitrant Commissioner can be removed from that appointive position by a four fifths vote of the City Council. One's hypothetical discourteous or irrelevant Commissioner can as well be gaveled to quiet and ignored by the remainder of the Commission, all after respecting her or his free speech rights. Additionally, all decisions of the Planning Commission can be automatically appealed to.the Council by any Councilmember. Ultimately, any appointing Councilmember may be recalled from office by the public. Surely, the existing rules provide abundant safeguards. Second, this proposal allowing three Councilmembers to veto a Planning Commission appointment is hostile to diversity and civil liberty. The proposal will allow three Councilmembers to reject an appointment representing unique vision, cloaking that veto in euphemisms about cooperation, reading ability, and knowledge of planning jargon. Ironically, some may argue that certain incumbent members of the Ukiah Pl~nlng Commission fail to meet the ability guidelines noted in the proposal. Yet those paying attention know that such lack of ability would never have been invoked against any current Commissioner. So could it be that this proposal is being put forward with certain Ukiah citizens targeted in advance for exclusion because of certain ideas, personality traits, or unpardonable sins they harbor - in the mind of a proponent? The proposal, in this way, flies in the face of federal court decisions on free speech which have declared prior censorship unconstitutional. And, if enacted, it will work in reality to silence divergent thought among those Ukiah citizens interested in gaining appointment to the Planning Commission. Third, the proposal assumes that a Ukiah citizen's "ability to understand and apPly the laws and standards that apply to commission decisions, listen carefully to evidence and argument presented during commission meetings, follow the rules adopted by the Commission, and make reasoned decisions and clearly articulate positions" can be discerned by three members of the Council but not by four. (As noted, the current system allows four Councilmembers to remove an illiterate or fractious Commissioner from office.) Finally, this proposal allowing three Councilmembers to make a judgment that a fellow Ukiah citizen is or is not "suited to perform the functions of a Planning Commissioner" suggests that a mysterious power is bestowed on a Uldah citizen upon election to City Council. It claims Councilmembers merit the presumptuous power to discern in advance the intelligence, literacy, and personality of a Uldah citizen selected by fellow Councilmember and then to mlethat selection unsuitable. Is this fantastic power what election to Ukiah City should confer? Thanks for reviewing this issue again. Sincerely, · Phil Baldwin AGENDA SUMMARY I'TEM NO:Zl.a DATE: Au_oust 2. 200~ REPORT REVXEW OF PROPOSALS AND SELECTXON OF SEQ3~ID C:ONSULI'XNG FZRIq TO PERFORf4 STRUCTU~ ENGZNEERXNG PLAN CHEC:K AND SUBSIT11;TE BUXLDZNG XNSPECTXON SERVXC:ES. SUHHARY: Late last year, the City Council direcbM Slaff to seek proposals from qualified c~nsulflng firms to perform the role as the Ob/s second structural engineering plan check and U~at having a second firm would provicle mom certainty in regard t~ rr~'~ng the review deadlines in the event of heavy consultant workload or staffing issues. For the past six months, Coastland has been fully staffed and has been performing very well for the Ob/of Uklah. :in February, Staff received three (3) proposals from professional consulting firms. These firms induded The Phil#ps G, oup, W/1/dan, and grc~rcvn Eng,~n~. After reviewing the proposals, it was determined that none of the three responded to one requirement of the Request for Proposals. Staff had requested that the firms outline measures or cx)nsequences it would use tx) ensure (eon~nued on page 2) RECOHHENDED ACTZON: 1) Review and discuss the prolx)sals; 2) Select the Phillips Group as the City's second rural engifleering and subsUbJte building Inspection consulUng firm; and 3) direct Staff to prepare a contract for Coundl approval. ALTERNATZVE COUNC:3:L POL/CY OPT/ON: Do, not select the Phillips Group and provide direct~fl tx) Staff. CIUzen ~: N/A Requested by: Charley Stump, Director of Planning and Community Development Prepared by:. Chadey Stump, Director of Planning and Community ~t Coordi~ with: Candace Horsley, Qty Manager; David Willoughby, Building Inspector, and 1. Proposal and supplemental ~ received from The Phillips Group 2, Proposal and supplemental letter received from Wllldan Candace ~, Oty Mar~ With the advice ofthe Oty Attorney, Staff provided each firm with the oPlX)r~nity to supplement its proposal by fully responding to the RFP. Only The Phillips Group and Willdan responded by supplementing its applicaUons. Brostrom Engineering has sin~e relocated out of Stabs. FXRM COb~ RE¥]m~ REVXEW TXME Full ~ ~ ~ 1~15 ~ ~ ~ ~11 ~ ~ ~p ~n ~ ~ ~ a~ m~ ~ R~ 5-7 ~ ~ a~ a~: ~ q~ ~ ~ ~ ~ff~ ~ w~ ~ ~iMi~: 75% ~ ~n ~ a ~ ~mi~ ~~ ~ a~ ~ml ~: 35~ ~ ~ a~ ~ $~.~ ~ ~r- ~ mu~mi~ ~ ~ ~i~ ~~1 R~ ~r. 20~ mu~mi~ a~ ~ ~ m ~~1 a~n~ 1~,~ ~ 5-7 daw (~ ~ 2 STAFF REVZEW OF PR~: Staff Initially reviewed all three suIxnitted proposals, but narrowed its focus to The Phillips Group and WIIIclan after Brostrom Engineering did not respond to the request for supplemental Information and relocated out of me State. The Phillips Group and ~: Staff phoned current dlents and references for The Phillips Group and Willdan, and both received high marks for adhering to provisions of their contracts and for overall service. Both firms also received high marks for maintaining the required plan-check rum-around Umes. Knowledge of and Proximity to Uldah: The Phillips Group has been kx:ated In Santa Rosa for over twenty years, and provided plan check services to Uldah for many years until the year 2000 when the City contracted with Coastland Engineering. The Phillips Group is familiar with the City of Uldah and also provides plan check services to the County of Nendodno on large projects. The Phillips Group dose proximity to Uklah provides an opportun~ for applicants.to transport plans directly to and from the consultants to reduce overall review Ume. While not many applicants take adVantage of this opportunity and are.comfortable with the ovemight transport of plans, in some cases it has provided a benefit to applicants. Willdan's primary client base is in the Sacramento Valley. They have a satellite office in Santa Rosa that is currently limited to dvil engineering services..However, they are expanding that office to indude building Inspection services. They expect that exparmon to be comple~ by August 2006. They would still perform structural engineering plan check services at the Sacramento office. PraJect Tracking: Wi#dan provides an intemet based project traddng system that would allow City Staff to quickly review the status of plan checks, including a review of all correspondences. This would Improve oJstmner service by allowing Staff to respond quicker to applicant inquiries. The Phillips Group does not have an intemet based project tracldng system. Willdan also offers the possibility of using less experienced subslRt/m building Inspectors at a reduced cost. This may be benefldal if the inspecUons needing to be performed in the absence of the Ob/Building ]nspeclor are small and uncomplicated. The Phillips Group does not offer this service. Tim Ce~t for the Service: The consultants are paid from the fees collected from the applicants for the plan check and building in~ services. Willdan's fees are slightly less than the Phillips Group, particularly for 'structural only~ plan check, ~ we rarely use the 'structural only~ review service. Ao:ordingly, the cost difference between the firms is not significant. CONCUJ~ON: The Phillips Group and Willdan are both experfenced and qualified to perform structural engineering plan check and subsUbYm building Inspection services for the Qty. Willdan charges less for its services, but are located further away in the Sacramento Valley, which reduces the ability for applicants to dosely interact with the consultants and potentially reduce plan check review times. Willdan offers a web based project tracking system that would allow City Staff to respond more rapidly to applicant~s questions regarding the status of their permits. The Phillips Group does not 3 The Phillips Group is familiar wrd~ the City of Uklah and the surrounding area. They have worked for the City in the past and currently perform some work for Mendocino County, and have worked with local archrmcts and engineers. Willdan is looking to establish in the area and has not work.~ with local archreects and engineers. Staff is able to conclude that because of its close proximity and familiarity with Uklah, the Phillips Group finishes slightly above Willdan. RECOHMENDA'rZON: 1) ~ and discuss the proposals; 2) Select the Phillips Group as the City's second structural engineering and sul0stitute building inspection consulting firm; and 3) clirect Staff to prepare a contract for Council approval. 4 THE PHILLIPS GROUP Plan Review and Buildin~ Code Conmltant~ 100 Stony Point Road Suite 290 Santa Rosa, CA 95401 Tel. 707-527-8500 Fax 707-527-0338 info~phillipssroup.com Attachment · I Building Partnerships That Work March 28, 2006 Charley Stump Director of Planning & Community Development City of Ukiah 300 Seminary Drive Uldah, CA 95482 RECEIVED APR 0 4 2006 PLANNIN6 DEFT RE: Follow up to RFP for Plan Check and Building Inspection Hi Charley, The City has requested additional information regarding meeting established deadlines related to building plan check, and specific measures that ensure reviews are completed on time. We understand that meeting established deadlines for plan review is paramount to maintaining a good working relationship in all cases, and our commitment to meeting o.r exceeding all deadlines is second to none. We pride ourselves on providing thc highest service level available to our clients, and consistently meeting deadlines is a prerequisite to great service. Our full time staff of 15 ensures that we have adequate resources on hand to complete the work in a timely manner. MOst importantly, the City need not rely just on these words. A list of referrals was provided in our proposal to the City, and we encourage you to contact any of these individuals regarding our performance history. Please don't hesitate to contact me if I can provide any additional information. Sincerely, THE PHILLIPS GROUP Statement of Qualifications and Proposal for providing Plan Review, Field Inspection, and Code Consultation Services for the City of Ukiah Submitted by: THE PHILLIPS GROUP Building Partnerships That Work 100 Stony Point Road, Suite 290 Santa Rosa, CA 95401 Phone: (707) 527-8500 Fax: (707) 527-0338 www.phillipsgroup.com THE PHILLIPS GROUP TABLE OF CONTENTS TABLE OF CONTENTS ............................................................. 1 EXECUTIVE SUMMARY ..... ~ ....................................................... 2 SCOPE OF SERVICES ............................................................... 4 QUALITY CONTROL ................................................................ 6 PROJECT TEAM RELATED EXPERIENCE ............................... 7 PUBLIC AGENCY CLIENT LIST ............................................. 17 CLIENT REFERENCES ............................................................ 18 PROJECT FEES ...................... , ................................................ 20 HOURLY RATE SCHEDULE .................................................... 21 THE PHILLIPS GROUP EXECUTIVE SUMMARY The Phillips Group (TPG) is pleased to submit this proposal to provide contract Plan Review Services. We are uniquely qualified to provide these services for the following reasons: Since 1978, TPG has provided contract plan review, building inspection and building department administrative services to public agencies in California and Oregon. This history includes plan review and inspection services for tens of thousands of structures, and spans more than sixty jurisdictions. TPG is a consulting firm committed solely to the provision of contract professional services to public agency building departments. We do not provide architectural or engineering design services to the development community, and thereby eliminate the potential for any conflict of interest within the jurisdictions we serve. Our professional staff is highly qualified and experienced in providing building plan review and inspection services. Plan review services are conducted by licensed structural and professional engineers, architects, and certified plans examiners. TPG staff members are supported by a working environment that promotes continuing education_ through supplemental training, testing, and involvement with building industry organizations. We are the North Bay's leader in providing expedited plan reviews, third- party plan reviews and peer reviews. We are familiar with project phasing, fast-track scenarios and other creative ways to expedite approvals. We have presented educational workshops and published articles on the benefits of construction document peer reviews and how to expedite the building plan review process. TPG information systems are maintained on the leading edge of technology. Our database maintains client-specific requirements and provides technical staff with tailored plan review templates for each project, in addition to organizing project timelines, staffing requirements, and other critical jurisdictional information. The use of e-mail for correspondence, status updates and receipt of CADD files (plan revisions) is standard. 2 THE PHILLIPS GROUP We can provide a fee worksheet to assist with permit processing. We will design a spreadsheet based on the City's fee criteria, format the spreadsheet to represent the City's permit form and .tabulate all building related fees for each project. We currently provide this service for a number of our clients. All company resources are located in a single, easily accessible office. Work is not distributed to branch offices as this can result in processing confusion, reduced accountability, and frustration for our clients, the applicants and design professionals. We are able to provide the responsiveness and cohesiveness required, in a convenient and localized manner. TPG staff members are goal-oriented service providers committed to working in collaborative ways with our clients, in order to exceed their expectations and contractual obligations. TPG has consistently demonstrated the ability to deliver projects on or ahead of schedule, and on short notice. We consistently meet the performance requirements of our clients, whether they are small jurisdictions in remote locations or large urban municipalities with complex processing systems. Our clients include very small jurisdictions such as Cotati, St. Helena, Sausalito, Albany, and Soledad to large jurisdictions such as Santa Rosa, San Jose and the Counties of Marin, Napa, and Sonoma. Our growing client list is evidence of customer satisfaction in service delivery, and is attached for reference. Our methodology and approach is the result of many years of experience in the delivery of contract plan review services, combined with state-of-the-art management and technological systems. A professional office environment, dedicated and experienced staff, customized service delivery, and a focus on the future of the industry enable TPG to provide unparalleled service to public sector agencies. THE PHILLIPS GROUP SCOPE OF SERVICES Review design development and completed construction documents for design integrity and code compliance with the adopted edition of the applicable Codes, to include: Checking plans for compliance with the currently adopted (2001) editions of the California Building, Plumbing, Mechanical and Electrical Codes, and the California Energy Code, and any amendments of these codes adopted by the City. Checking plans for compliance with the currently adopted edition of the California Fire Code and adopted National Fire Protection AssoCiation standards. In addition, responsibilities can include reviewing plans for all types of fire protection systems and processes, and reviewing compliance with state and local hazardous materials regulations. Review of structural calculations, soils reports, Title 24 Reports, accessibility requirements, locally adopted ordinances, and other project related information as supplied by the applicant or by the Building Department. Preparation of a formal written response to the applicant describing all information required for approval of the plans. Provide signature on approved plans and on list of corrections by the project manager named in the agreement, attesting that he/she personally inspected and reviewed the plans for compliance with all requirements of all applicable Codes. Perform initial check to verify conformance, including review and appropriate response (i.e., approval or correction letter). Subsequent rechecks, if required, will be completed until documents are appmvable. Perform all necessary liaison responsibilities with the Building Official or his/her designee, to ensure compliance with CBC {}104.2.7 and §104.2.8 and to ensure consistency with local interpretations and policy. Identify items needing clarification or correction to achieve compliance with applicable regulations. Create a review report consisting of a printed list of such items, including referenced code sections applicable to each item. Transmit this report to all persons designated on the project contact list. Transmit reports by facsimile to ensure timely completion of processing, by mail, or by such other means as directed by the agency. 4 THE PHILLIPS GROUP Complete all plan reviews within 15 business days of receipt. Provide copies of reports no later than the end of the day of the agreed review period. Other review periods may be arranged by mutual agreement for specific tasks. Complete plan reviews and furnish reports for "deferred submittal" items within seven working days. Complete plan reviews and furnish reports for revisions during construction within seven working days. Return approved construction documents to the Building Department via courier, or using next-day commercial parcel delivery service, at TPG expense. THE PHILLIPS GROUP QUALITY CONTROL The Phillips Group quality control process is proven by experience. Some key components of our quality control procedures are as follows: We maintain a detailed database that documents each Jurisdiction's procedures, policies, code amendments, transmittal and approval instructions, specific technical criteria, etc. Information specific to your jurisdiction is meticulously compiled, maintained and updated as new information is provided. Wherever possible, standardized plan check cOrrection templates are used. These templates have been developed over the years to be as effective communication tool as possible. Comments are direct, clearly written and specify the code section being addressed. Automated features are employed to merge comments specific to your jurisdiction into our standard lists. Continuing education for our professional staff is a high priority. Each staff member attends seminars and workshops on a regular, on-going basis. Our staff is sensitive to those technical issues that usually require consultation with the building official, prior to taking a specific position. Our administrative systems such as document control; project tracking, billing, etc., have redundancies built into them for a more failsafe operation. Pending actions are prevented from "falling through the cracks" to the greatest degree possible. Our principals and professional staff are available to meet with your staff and/or applicants regarding technical or procedural issues, at your discretion. We are open to any other procedures that you would like us to incorporate. 6 THE PHILLIPS GROUP PROJECT TEAM RELATED EXPERIENCE TPG currently has a full time staff of 15, including 6 building inspectors. Their individual experience spans from 5 to 50 years, which provides us with a deep bench of expertise in all facets of building department operations. Additional capacity is provided by a sizable team of affiliated independent contractor professionals, which allows us to handle peak workloads while maintaining scheduling commitments. Resumes of key plan review related staff are provided. In the interest of practicality, building inspector resumes have not been included. Some are committed to long term projects, and wouldn't be available presently. If selected, we will work with the building official to match the right inspector to the City, based on the City's needs and inspector availability. 7 Daryl A. Phillips, CBO President Summary of Experience Daryl has been the President and Managing Partner of TPG since 1993. During this time, TPG has emerged as the North Bay's leading provider of contract building department services. He has almost thirty years of experiencing combining architectural and engineering experience in the private sector, as well as regulatory services for the public sector. This includes about a year as the Building Official for the Town of Corte Madera, about three years as the Building Official for the City of Cotati, and about two years as the Assistant Building Official for the City of Petaluma. He has served as the Building Official (contract) for the Town of Windsor and the Cities of Albany, Belvedere and St. Helena, while President of TPG. Daryl has served or currently serves on the Board of Directors for the following organizations: County Building Officials Association of Califomia (CBOAC) Board of Directors 2003 - 2006 Industry Member of the Year Award - 2005 Redwood Empire Association of Code Officials (REACO) President - 2005 Salvation Army Advisory Board 2003 - 2006 North Coast Builders Exchange Board of Directors 1998 - 2000 American Institute of Architects, Redwood Empire (AIARE) Board of Directors 1994 - 1999 Professional Registrations CABO Certified Building Official THE PHILLIPS GROUP Eric Seabrook, CBO THE PHILLIPS GROUP I/ice-President Summary of Experience Mr. Seabrook joined TPG in 1994, and became a partner in 2003. He currently is the Contract Building Official for the City of St. Helena, and plans examiner for complex projects. He has provided administrative, plan review and inspection expertise for a broad variety of projects including wineries, jails, schools, offices, casinos, shopping centers and housing projects, throughout California and Oregon. Also, he has served as the interim Building Official for the City of Albany, Town of Windsor, and others, and oversaw all building inspections of Marin City USA, a $100,000,000 residential and commercial development located in Marin County. He has taught evening classes at Monterey Peninsula College on the model codes, has been an instructor for CALBO's CBCI, and has provided exiting and accessibility seminars for other professional groups. Prior experience inclUdes about four years as plans examiner for Santa Cruz County where his responsibilities were to meet with applicants and design professionals to interpret or translate code requirements, assist the field inspectors as needed, and provide plan review on a broad range of projects. Additionally, he was a plans examiner with Willdan Associates for about four years. In this capacity, he assisted in the earthquake recovery component of Santa Cruz County following the Loma Prieta'event. After completion of that project, he was assigned to the Oakland Hill Fire Recovery component of the City of Oakland following the wildfire of 1991 in which over two-thousand housing.units had to be permitted and rebuilt. Professional Registrations CABO Certified Building Official ICBO Certified Plans Examiner ICBO Certified Accessibility Specialist ICBO Certified CombinatiOn Inspector ICBO Certified Electrical Inspector ICBO Certified Mechanical Inspector ICBO Certified Plumbing Inspector 9 THE PHILLIPS GROUP Salvatore ~. L#cMo, P.E. Senior Plan Check Engineer Summary of Experience Mr. Lucido has been with TPG since 2003. He provides and supervises structural plan reviews for all types of facilities and structural systems, provides in-house (on-site) engineering support for several TPG clients, provides administrative oversight of our information systems and is project manager for a number of accounts. He is cun'ently assisting the City of Albany with its URM Ordinance, which affects about forty structures. Prior to joining TPG, Mr. Lucido worked for Coastland Civil Engineering for about 7 years where he was the Supervising Engineer and Building Division Manager for about five years. He was responsible for coordinating and supervising all building department related work, and served as the Interim Building Official (contract) for the Town of Windsor. Prior experience includes about five years as an Associate Civil Engineer with Carlile-Macy, where he was responsible for the civil and structural design components of various types of projects. Also, he has lectured on Engineering Statistics at UC Davis and Napa Valley College for about two years while working on his master's degree course work in Structural Engineering. Representative Structural Review Projects FEMA 356 Seismic Retrofit of Albany City Hall and Fire Station Two-Story, Special Concentrically Braced Frame (Exterior Exposure) for Target in Albany Santa Rosa Golf and Country Club House Structural Peer Review Lowe's in Cotati, CA Home Depot, Windsor CA 3-Story Mixed Use (Steel Moment frames & wood shear walls) Town Green Village, Windsor CA Mission Shopping Center, Soledad CA Market Street Town homes, Soledad CA Infineon Raceway Pedestrian Bridges Professional Registrations California, Civil Engineer 10 THE PHILLIPS GROUP Theodore ,I. Morrison, S.£. Senior Plan Check Engineer Summary of Experience Mr. Morrison has been affiliated with TPG since 1995. In this capacity, he provides structural and fire / life-safety plan reviews of complex projects, structural peer reviews, interpretations of code provisions, recommendations regarding alternate methods and materials, and expert witness consultation. His experience includes over thirty-five years in the field of code compliance, including fourteen years as Chief Building Official for the County of Sonoma. He has provided plan review for several significant projects while with TPG, including Belvedere Place, a 400,000 sq. t~. office and parking complex in Marin COunty, a 100,000 sq.ft, light-industrial facility for Rheodyne in Rohnert Park, and the 92,000 sq. ft. six-story called Humboldt County Jail. Prior experience includes about fourteen years as the Chief Building Official for the County of Sonoma. As a department head, he was responsible for all departmental operations including administration, plan review, code enforcement, field inspection, and permit issuance. He rendered code interpretations that were catalogued and became the basis for standardization of the plan review and inspection processes in the County. Prior to this he was with the County of Los Angeles, Building and Safety Division for about twenty years. As Supervising Structural Engineer, his responsibilities included managing the Plan Review Section of the department. Other duties, while with the County over this period, include building code development and adoption, special inspection certification program, product approval, evaluation of alternate methods and materials, and building plan review. Professional Registrations California, Structural Engineer California, Civil Engineer California, Fire Protection Engineer Oregon, Professional Engineer 11 THE PHILLIPS GROUP Donald T. Morton, $.E. Senior P1an Check Engineer Summary of Experience Mr. Morton has been affiliated with TPG since 1993. In this capacity, he provides structural plan reviews of complex projects, structural peer reviews, interpretations of code provisions, recommendations regarding alternate methods and materials and expert witness consultation. In his fifty years experience, he has been involved with thousands of building projects of every type, a design engineer, a plan review engineer, a resident engineer, and a engineering contractor. Prior to 1993, he was President of Morton Technologies Inc., the predecessor firm of TPG, which he founded in 1978. The firm was engaged in all aspects of building department consulting services, in addition to civil, structural and architectural design, and energy compliance documentation. Prior to this, he was the Chief Building Official for the City of Santa Rosa for six years, responsible for all departmental operations. Also, he has about ten years (1950 - 1959) as a bridge engineer with Caltrans, and twelve years (1960 - 1972) as a design engineer / engineering contractor in private practice. During this twenty-two year period, he completed the design and construction of hundreds of bridge structures. He was the principal designer of the Oroville Dam. Professional Registrations (partial list) California, Structural Engineer California, Civil Engineer California, Architect Nevada, Structural Engineer Nevada, Civil Engineer Oregon, Professional Engineer Hawaii, Professional Engineer 12 THE PHILLIPS GROUP Matt Stockton, P.E. Senior Plan. Check Engineer Summary of Experience Matt has been affiliated with TPG since 2004: He provides plan review and building inspection services for more complex commercial projects. He has almost thirty years of building inspection and quality control inspection experience, including DSA school and hospital facilities. He is currently involved with several projects including a new facility for Planned Parenthood in Eureka, and Sutter Hospital in Santa Rosa. His engineering, plan review and inspection experience provide a unique resource for TPG and our clients. Prior experience includes about twelve years as a Fire Marshall and Area Compliance Officer for the State of California, OSHPD, in Sacramento, about nine years as Senior Building Inspector for the County of Sonoma, two years as a Plans Examiner for the County of Sonoma, and about three years as a Quality Control Inspector for PG&E and Standard Structures. Professional Registrations and Certifications Profession Engineer, C.E School Inspector of Record, Class 1 Certified Plans Examiner, ICBO Certified Building Inspector, ICBO Certified Plumbing Inspector, IAPMO Certified Electrical Inspector, ICBO Registered Construction Inspector O.S.H.P.D/Class A, Certified Construction Inspector 13 THE PHILLIPS GROUP Paul Nopola Senior Plans Examiner Summary of Experience Mr. Nopola has been a Senior Plans Examiner with TPG since 1993. He provides structural reviews for all types of residential Projects, and smaller commercial occupancies. He has over ten years experience as a plans examiner, is knowledgeable of light-wood frame engineering, and provides structural reviews of residential projects in cooperation with our structural engineers. Representative projects include about three years as the permit technician / plans examiner for the Town of Windsor, responsible for the integration and maintenance of the building application and permit-tracking system software. He has reviewed hundreds of estate residences in Napa, Sonoma, and Marin County, that encompass most construction types including steel, concrete, pis6, insulated concrete forms, straw bale, and wood frame. Prior to 1993, he was a plans examiner for Morton Technologies Inc. for about three years, providing non-structural plan review for all types of residential projects. Prior to becoming a plans examiner, he was a computer sof~ware designer / progrmltmer for about seven years. His primary duties Were to interface with civil and structural design personnel to produce relevant engineering programs, which included the design, coding, documentation and technical support of the soft:ware. Professional Registrations ICBO Certified Plans Examiner Oregon Certified 1 & 2 Family Plans Examiner 14 THE PHILLIPS GROUP Marc Lewitter, CBO Senior Plans Examiner Summary of Experience Mr. Lewitter joined TPG in 1996 as a permit technician / plans examiner, and currently serves as a senior plans examiner. He provides non-structural plan reviews for residential projects, and electrical, mechanical and plumbing reviews of more complex projects. Other assignments include about two years as the permit technician / plans examiner, and about one year as the assistant building official for the Town of Windsor. In this capacity, he was responsible for the counter and field operations of the building department, and coordination of plan review activities with TPG's main office. He provides in-house and field inspection support, on an as-needed basis, for several TPG clients. Prior experience includes about two years as a contract building official / building inspector for the Cities of Calistoga, Clearlake, Cloverdale, Healdsburg, and Sebastopol. In this capacity, he was responsible for building department operations in the absence of the building official. Prior to this, he was a licensed plumbing and fire-sprinkler contractor for about twenty-five years, working on all types of projects from residential to commercial and schools. Professional Registrations CABO Certified Building Official ICBO Certified Combination Inspector ICBO Certified Electrical Inspector ICBO Certified Mechanical Inspector ICBO Certified Plumbing Inspector General Contractor - B License Plumbing Contractor - C36 Fire Sprinkler Contractor - C16 15 THE PHILLIPS GROUP Tim Hughes Senior Plans Examiner ~Building Inspector Summary of Experience Tim has been affiliated with TPG since 2004. He provides plan reviews for all types of residential and commercial projects, as well as building inspection on an as needed basis. He has provided building inspection services for the Cities of Calistoga, Cloverdale, Fairfax, Ukiah and Windsor. Tim is currently involved in several large projects for TPG, including the expansion of Carneros Inn in Napa, and Accessibility / ADA reviews of various facilities. Past experience includes about six years as a plans examiner / building inspector for Coastland Civil Engineers. He was involved in most aspects of building department operations for the Town of Windsor for several years, while staying involved with the firm's other building department clients as well. Professional Registrations ICC Certifications Certified Building Official Building Code Official Housing Code Official Plans Examiner Combination Inspector Plumbing Inspector Plumbing Inspector (UPC) Property Maintenance & Housing Inspector Accessibility Inspector/Plans Inspector Building Inspector Mechanical Inspector Electrical Inspector 16 ~ THE PHILLIPS GROUP PUBLIC AGENCY CLIENT LIST TPG is currently an approved service provider for the following public agencies: -Building Plan Check Fire Plan Check City of Albany, California County of Alpine, California City of Belvedere, California Town ofCorte Madem, Califomia City of Cotati, California County of El Dorado, California Town of Fairfax, California City of Femdale, California City of Fortuna, California County of Humboldt, California City of Lakeport, California City of Larkspur, California County of Matin, Califomia County of Mendocino, California City of Napa, California County of Napa, California City of Novato, California City of Petaluma, California County of Placer, California City of Rohnert Park, California City of St. Helena, California Town of San Anselmo, California City of San Jose, California County of San Mateo, California City of San Rafael, California City of Santa Rosa, California City of Sausalito, Califomia City of Soledad, California County of Sonoma, Califomia City of Rohnert Park~ California City of Sausalito, California City of Soledad, California County of Sonoma, California City of St. Helena, California Building Inspection City of Albany, California City of Belvedere, California Town of Corte Madera, California City of Larkspur, California County of Matin, California ' City of Napa, California City of Rohnert Park, California County of San Mate. o, California City of San Rafael, California City of Sausalito, California City of Soledad, Califomia County of Sonoma, California City of St. Helena, California 17 THE PHILLIPS GROUP CLIENT REFERENCES City of Albany Ann Chancy Community Development Director 510-528-5767 achaney~albany, ea.org County of Alpine Randall Gibson Building Official 530-694-2255, Ext. 221 acbp~gbis.com City of Belvedere Lee Braun Building Official 415-435-5827 lbraun~cityofbelvedere.org Town of Corte Madera Walt Groditski Chief Building Inspector 415-927-5062 wgroditski~ci.corte-madera, ca.us City of Cotati// Building Official 707-792-4600 jkagan~ci.Cotati.ca.us County of Humboldt Todd Sobolik Building Official 707-445-7245 tsobolik~co.humboldt.ea.us City of Lakeport Richard Knoll Community Development Director 707-263-5615 rknoll~cityoflakeport.com City of Larkspur Jim Moscoso Building Official 415-927-5038 jmoscoso~ci.larkspur.ca.us County of Marin Ed Henry Chief Building Official 415-499-6556 ehenry~marin.org County of Mendocino J Chris Warrick Building Official ~707-463-4243 pbs~co.mendocino.ca.us County of Napa Gary W. Brewen Building Codes Administrator 707-253-4416 gbrewen~co.napa.ca.us City of Napa Stephen Jensen Chief Building Official 707-257-9540 sjensen@cityof napa.org City of Novato Ron Averiette Building Official 415-897-4335 raveriet~ci.novato.ca.us City of Petaluma ~ Cliff Kendall Building Official 707-778-4302 ckendall~ci.petaluma.ca.us 18 THE PHILLIPS GROUP County of Placer Jack Venable Senior Inspector 530-8846-3047 j Venable~placer.ca.gov City of San Rafael Thomas Ahrens Building Official 415-485-3357 thomas.ahrens~ci.san-mfael.ca.us City of Rohnert Park Peter Bruck Plans Examiner 707-588-2230 pbruck~rpcity, org City of Sausalito Steve Buffenbarger Building Official 415-289-4134 buff~ci.sausalito.ca.us City of St. Helena Carol Poole Development director 707-968-2752 earolp~ci.st-helena.ca.us City of Soledad Otis Justice Sr. Building Inspector 831-678-3963 building~eityofsoledad.com Town of San Anselmo Keith Angerman Building Official 415-258-4604 kangerman@midas.org City of Sonoma Wayne Wirick Building Official 707-938-3743 waynew~sonomacity, org City of San Jose Larry Wang Supervising Plan Check Engineer 408-277-4541 larry, wang~ci.sj.ca.us County of Sonoma DeWayne Statues Deputy Director 707-565-1900 vstames@sonoma-county, org County of San Mateo James Sowerbrower 455 County Center Drive 50' Floor Redwood City, CA 94063 j s owerbrower~co, sanmateo, ca. us This is a partial list. Additional references available upon reqUest 19 THE PHILLIPS GROUP PROJECT FEES Plan Review Fees For full service reviews of new buildings, we propose to charge 80% of the plan check fee as determined by current Building Valuation Data and Building Permit Fee Schedule. For structural only reviews, we propose a 60% fee. For remodels, additions, alterations, etc., we propose to be compensated hourly based on our current hourly rate schedule. For partial reviews such as geotechnical only, preliminary reviews, structural only or others, we propose to negotiate a mutually agreeable fee based on the specific project at hand, or at time of contract. There is no charge for repetitive buildings beyond master plan approval, for detached single-family dwellings. There is no charge for meetings requested by City staff relating to projects TPG is reviewing for the City. For expedited or fast track projects, we propose to negotiate a mutually agreeable fee on a project-by-project basis. Both the initial check and re-check are included in the basic fee. Additional reviews beyond that point will be billed additionally, in accordance with our hourly rate schedule, which is attached. 20 THE PHILLIPS GROUP HOURLY RATE SCHEDULE CLASSIFICATION RATE PER HOUR Principal Senior Plan Check Engineer Plan Check Engineer Senior Plans Examiner Plans Examiner Permit Techinician Building Inspector Non-Technical Support $195.00 155.00 145.00 145.00 130.00 115.00 95.00 80.00 Effective 7-1-05 21 WILLDAN Serving Public Agencies Attachment 2399 Gateway Oaks Drive, Suite 210 Sacramento, California 95833 916/924-7000 fax 916/924-3644 www. wi lldan.com March 30, 2006 RECEIVEp Charley Stump, Director Planning and Community Development city oft dah 300 Seminary Avenue Ukiah, CA 95482-5400 APR 0 2006 PLANNING DEFT · RE: Structural Engineering Plan Checking and Substitute Building Inspection Services Dear Yr. Stump: Thank you for your letter of March 14, 2006 regarding our proposal to provide building department services. We are not in a position to offer you "specific measures or consequences" to ensure timely performance, other than our normal business practice. Willdan is in the business of providing building department services, and has delivered performance at a level that resulted in a 146% rate of growth in 2005. We operate with an understanding that if we don't perform pursuant to our contracts and with our client's best interest in mind, we will not get the next project, or worse, we may be dismissed entirely. In this business of providing 10 to 15 day plan reviews, there is no inventory of work, thus the continuation of worldlow is essential. It is our performance that ensures our continuation. We do that simply by exceeding our client's expectations. I encourage you to contact our client cities listed in our proposal for information about our performance. I am confident the City of Woodland, Yuba City, Patterson, Lincoln and others, will speak highly of our performance. They enjoy working with us and recognize that our plan reviews add value to the process assuring safe and accessible buildings. Northern California Region State~t ef ~ualificat~ens te previde Building Department Services CITY OF UKIAH OCTOBER 2005 WILLDAN Serving Public Agencies 2399 Gateway Oaks Drive, Suite 210 · Sacramento, CA 95833 · 916-924=7000 · 916-924-3644 Fax TABLE OF CONTENTS Corporate Summary ..................................................................................................... 1 Scope of Services ......................................................................................................... 2 Building and Safety Personnel i .................................................................................... 5 Related Experience ..................................................................................................... 13 Compensation ............................................................................................................. 16 NOTE: .~ll photographs of buildings herein, including .the cover, are of buildings plan checked by Willdan's Northern California Region plan examination team. WILLDAN - Serving Public Agencies i TABLE 1. CORPORATE SUMMARY The Willdan Group of Companies and its four subsidiaries - Willdan, MuniFinancial, Arroyo Geotechnical, and American Homeland Security - provide civil and structural engineering, planning, financial and economic consulting, geology and geotechnical engineering, and homeland security solutions services to more than 600 public-sector clients throughout California, Arizona, and Nevada. Willdan has been providing building code enforcement, to, planning, engineering, and geology services in Northern California for more than 21 years. Aside from our regional headquarters in Sacramento, offices are located in Elk Grove, Oakland, Redding, Roseville, Santa Rosa, Marysville, Visalia, and Fresno. Our clients include Federal and State governments, municipalities, counties, school districts, special districts, and other public agencies. We staff each office with highly qualified professionals, representing a broad range of disciplines, who are fully cognizant of local influences and regulations and in a position to respond to the particular needs of specific geographic areas. Northern California clients are served through our offices listed in Table 1. NORTHERN CALIFORNIA OFFICE LOCATIONS Sacramento* 2399 Gateway Oaks Drive, Suite 210 Sacramento, CA 95833 916- 924-7000 · 916-924-3644 fax Robert Blaser, P.E., Regional Manager Marysville* 117 C Street Marysville, CA 95901 530-749-2373 - 530-749-2199 fax Robert Keefe, Vice President Fresno* 2014 Tulare Street, Suite 515 Fresno, CA 93721 559-443-5290 · 559-485-8048 Doug Wilson, .P.E., Vice President Oakland* 1700 Broadway, 6th Floor Oakland, CA 94621 510-451-1808 · 510-451-1937 fax Robert Blaser, P.E., Regional Manager Roseville 12 South Grant Street Roseville, CA 95678 916-788-8401 · 916-788-8403 fax Dave Noel, Vice President Elk Grove 888 Elk Grove Blvd, Bldg 2, Suite E Elk Grove CA 95624 916-685-8155 - 916-685-8296 fax Jeff Atteberry, P.E., Vice President Santa Rosa 3861 Royal Manor Place Santa Rosa, CA 95404 707-544-4064 · 707-544-4074 Max Bridges, P.E., Vice President Visalia 735 West Cambridge Visalia, CA 93277 559-733-1249 phone and fax Doug Wilson, P.E., Vice President Redding 331 Hemsted Drive, Suite B Redding, CA 96002 530- 223-2000 · 530-226-3317 fax Mort August, P.E., Vice President * Building plan checking services performed at this office. WILLDAN - Serving Public Agencies SCOPE OF SERVICES Available Building Department Services Building Plan Examination Willdan provides plan examination services for governmental agencies with the following typical arrangements and conditions. However, other arrangements are available. 1. Plan examination to the latest adopted editions of the California Building Standards Code in the California Code of Regulations, Title 24, including the California Building Code, California Electrical Code, California Mechanical Code, California Plumbing Code, and CalifOrnia Energy Code, as appropriate for the occupancy classification and project. Plan examination may include fire and life safety features subject to the jurisdiction of the Fire Official: i.e. fire alarms, fire sprinklers, control rooms, and fire truck connections to the building. 2. Plan examination for compliance to any local ordinance modifying or adding to the California Building Standards Code in Title 24, and any designated Very High Fire Hazard Severity Zones, or other local requirements. 3. Plan examination for the use and installation of manufactured homes, factory-built housing including building component systems, and commercial modulars (formerly known as commercial coaches) as regulated by California Code of Regulations, Title 25. 4. Plan examinations include up to two re-checks of resubmitted plans and support documents in response to Willdan written requests for corrections. Third and subsequent examinations, if necessary, are out of scope work and will be billed at Willdan's hourly rate shown as Out of Scope Work in Table 3 of this document. 5. Communication by telephone, fax, or other electronic media to assist ttie applicant/designer in responding to the plan examination comments except that Willdan does not assume a design role. 6. Transmittal of any proposed use of alternate methods of construction or materials to the Building Official for approval; such submittals include a recommendation for either approval or denial, and rationale. 7. Plan review comments in letter format that are mailed, faxed, and or emailed to the involved parties. Willdan's written comment letters describe code violations in full with reference to sheet and detail identification, and specific codes and sections relating to each comment. 8. Return of approved plans by overnight delivery service, or when corrections are appropriate, written and or electronic notification of plan examination comments to the Building Official or designer, as appropriate. Willdan coordinates and gains approval from the Building Official when plans may be approved with redline corrections of minor violations or issues. WILLDAN - Serving Public Agencies 2 SCOPE OF SERVICES Turn-around Time Willdan provides plan examinations with the following mm-around times*: 1. Twelve working days or less for complete plans for the construction of a single- family dwelling. 2. Twelve working days or less for complete plans of a tenant improvement to an existing commercial occupancy. 3. Fifteen working days for complete plans for the construction of a new building containing multifamily or commercial occupancies, limited to two stories or 100,000 square feet. 4. Twenty working days for complete plans for the construction of any building containing multifamily or commemial occupancies exceeding two stories or more than 100,000 square feet. 5. Willdan communicates significant delays to the Building Official. * Plan examination turn-around times during summer months may increase slightly due to high volume of work during that period. Technical Support When vital to project success Willdan will provide technical support when requested. Willdan encourages pre-construction and pre-design meetings. Use of Subcontractors Willdan has subcontractors to supplement the Plan Examination Team for specific disciplines or to maintain mm-around times. All such subcontractors will be determined acceptable to the client Building Official prior to use. Invoice Submittals Willdan submits invoices containing all information needed by the client Building Official to identify each project, including but not limited to a tracking number, client name, project location, labor performed, any agreed out of scope work, and cost. Willdan is willing to add any information required by the client Building Department. Project Status Reports The client will be provided access to Willdan's Plan Check Tracking System via the Intemet. The available report provides a listing of all plan review projects delegated to Willdan by the client Building Department with the project identification, plan review status, in and out dates, and links to the Willdan-issued plan review comment or approval letter. The report site is available to each client Building Department as a protected site accessible by a password unique to each client. This service is proving to be very helpful to our clients because they are able to access project information and the plan review comment letter quickly without calling our offices for information. Building Inspection Services Willdan can provide inspection personnel on an as-needed basis to assist the client Building Department with inspections to enforce the California Building Standards Code and any local ordinance making amendment thereto. Such personnel are subject to WILLDAN - Serving Public Agencies 3 SCOPE OF SERVICES interview and acceptance by the client Building Department prior to performing inspections. Building Department Fees MuniFinancial, within the Willdan Group of Companies, provides building permit fee analysis services for the adjustment and adoption of fees to recover the cost of administration and enforcement of the building codes. WILLDAN - Serving Public Agencies · 4 TABLE 2. BUILDING AND SAFETY PERSONNEL Plan Examination Team, Northern California KEY PERSONNEL At the Sacramento Office Robert Keefe Vice President and Division Manager Ricardo Guzman, S.E. Structural plan examination Gustavo Franco, P.E. Structural plan examination George Barnes Plan examinations, all subjects other than structural Gabriela Scott Plan examinations, all subjects other than structural At the Marysville Office Nancy Springer Plan examinations, all subjects other than structural Michael Vieira Plan examinations, all subjects other than structural Rick Mauldin Plan examinations, all subjects other than structural Rick Essenwanger Plan examinations, all subjects other than structural Isaac Kuster Plan examinations, all subjects other than structural, building inspections Tom Trueb Plan examinations, all subjects other than structural Clinton McKinley Plan examinations, all subjects other than structural At the Fresno Office Greg Adams Plan examinations, all subjects other than structural Doug Rothermal, S.E. Structural' plan examination The Willdan personnel performing plan review and inspections are licensed, certified, and well trained and experienced as appropriate for their assigned functions. Only the licensed engineers perform structural plan reviews. Willdan plan examiners are especially well trained on the Title 24 accessibility regulations adopted by the California Building Standards Commission, as written by the Division of the State Architect and applicable to public buildings, public accommodations, and commercial facilities, and the Department of Housing and Community Development for privately funded multifamily dwellings. Willdan plan examiners take part in training provided by the state adopting agencies such as DSA and HCD, and by private organizations. Further, Willdan plan examiners take part in code development committees and organizations for the benefit of local building departments. WILLDAN - Serving Public Agencies , 5 BUILDING AND SAFETY PERSONNEL Robert Keefe Vice President, Northern Region Building and Safety Division Robert Keefe manages the Building and Safety Division operations in Willdan's Northern California Region. Robert has an extensive background in the administration of building code programs gained through more than 37 years of service with the State of California. While with the California Department of Housing and Community Development, Division of Codes and Standards (HCD) Robert gained experience at all levels involved in the enforcement of building codes. While the Program Operations Manager at HCD, Robert lead numerous projects including the development of regulatory language for the California Code of Regulations, Title 24 and 25, and the development of enforcement staff procedures and staff training programs. Robert represented HCD on code development committees of the National Fire Protection Association and National Manufactured Housing Advisory Council, served on the Cosuranes River College Advisory Committee, and chaired numerous HCD project committees with local government and industry and consumer interested parties for the development of regulations on such topics as fire sprinkler regulations, third-party inspection, and occupational licensing and continuing education. Additionally, Robert is an adjunct instructor of building codes at Cosumnes River College, Folsom Lake College, and U.C. Davis Extension teaching five courses on the Uniform Building Code, National Electrical Code, Title 24 organization, application and use, and Title 24 accessibility. Robert is also a volunteer CALBO instructor on accessibility and other codes. Sacramento Regional Office Ricardo Guzman, Structural Engineer, brings diverse industry strengths and experience in international business development and California state government oversight of public school and hospital designs to his employment with Willdan. As a skilled structural engineer, Ricardo has performed structural design of various commercial and agricultural light-gauge steel structures and their foundations in California; and offshore platforms, major port facilities, ore processing plants, and one major hotel in Mexico. His expertise includes management and supervision; plan review; forensic structural engineering; and performing earthquake engineering studies and seismic risk studies. Ricardo's structural expertise encompasses a wide range of industrial services: chemical plants, mining industry plants, spillways, several water supply projects, nuclear power plants, and oil industry facilities. He holds a Bachelor degree in civil engineering and Masters degree in structural engineering from the National University of Mexico. Gustavo Franco, Professional Engineer, with over ten years of building design experience, joined Willdan in May 2005. He has designed structural systems for various building types including office buildings, K-12 public schools and junior colleges, detention facilities, parking structures, a performing arts theater, and residential dwellings. His experience in building materials includes structural steel, wood, concrete, masonry, and light-gauge steel. Gustavo earned his Bachelors degree in Architectural Engineering from California Polytechnic University San Luis Obispo in 1993. He is a current member of the Structural Engineers Association of Central California and an active member of two WILLDAN - Serving Public Agencies 6 BUILDING AND SAFETY PERSONNEL SEAOCC committees. Gustavo is a registered professional engineer and has passed the California specific portion of the examination to attain Structural Engineers license. He is scheduled to sit for the national portion of the examination in October 2005. George Barnes, Senior Plans Examiner, joined Willdan in January 2005 bringing over 30 of experience in the fire service community including 14 years as the Associate Fire Protection Engineer for the Santa Clara County Fire Department, providing plan review services for eight cities, and fire investigations. George was the Fire Division Manager for a consulting fu'm in the San Francisco baY area, and very recently served as Tribal Fire Marshal for the six-story Gold Country Casino project in Oroville, Califomia. George holds certifications as a Building Plans Examiner and Building Inspector, and as a plans examiner by the California Office of Emergency Services, Post Disaster Assessment Program. His academics include an Associates Degree in Fire Science from Mission College in Santa Clara, a Certificate in Fire Protection from the University of California-Davis, and progress on a Bachelor of Science degree from Cogswell College in Sunnyvale, California. He is an active member of the Peninsula, East Bay, and Monterey Bay chapters of the International Code Council, the Sacramento Valley Association of Building Officials, and CALBO (California Building Officials). He is past president of the Peninsula Chapter-ICC, and is a member of the National Fire Protection Association, National Fire Sprinkler Association, and the International Association of Plumbing and Mechanical Officials. Gabriela Scott is a Residential Plan Examiner in Willdan's Sacramento office. She joined Willdan in May 2005 because ora family relocation from Fresno where she was Plan Examiner II with the City of Fresno. Gabriela has several years of experience as a plan examiner and has knowledge of all aspects of the operation of a building department gained through employment with the County of Merced and City of Fresno. For the County of Merced, Gabriela began as a Building Permit Technician. Gabriela attended Fresno City College and the California State University at Fresno studying architecture and she holds the ICC certification as a UBC Building Inspector. Before becoming involved in building code enforcement Gabriela worked as a drafisperson for builder of custom homes preparing construction plans and supporting documents and handled the company's applications for plan approval and building permits. Michele Treolo is a Plan Check Technician for the Sacramento Office. Michele is typically the first-point-of-contact for plans submitted to Willdan's Sacramento office for plan examination, structural examination, or recheck. She logs plans into the tracking system, performs follow-up on status of plan checks, and coordinates production of the comment letters signed by the plan review professional. WILLDAN - Serving Public Agencies 7 BUILDING AND SAFETY PERSONNEL Marysville Office Nancy Springer, Senior Plans Examiner, has more than 19 years of experience in building code enforcement while employed by local building departments and consulting firms. Prior to entering building code enforcement work, Nancy was an electrician following a three-year electrical apprenticeship and study of the electrical code. Nancy received a Certificate of Achievement from the Butte College Construction Technology program in May of 1989. She holds ICBO Certifications as an Electrical, Plumbing, Mechanical, Building and Combination Dwelling Inspector, Building Plans Examiner and Residential Energy Plans Examiner. Her duties include performing all types of building plan reviews, including large buildings for the California State University campuses in Northern California. She has been involved in many special projects, which include working the earthquake center for the Napa EarthqUake of 2000, reorganization of the City of Williams Building Department, and the transition of the City of Elk Grove. Nancy is involved in the Sacramento Valley Association of Building Officials by participating in the Education, Plan Review, and Code Review and Development committees. She is also involved in the activities of the Yosemite ICC Chapter, including the 2005 CALBO Annual Business Meeting Committee. Michael Vieira joined Willdan in February 2005 as a Senior Plans Examiner after retiring from the County of Butte Department of Development Services in late 2004. He served the County of Butte for 21 years, including 11 years as Building Division Manager and Building Official. He has also served as Building Official for the Town of Paradise and counties of Nevada and Yolo. Michael is a dedicated member of the Sacramento Valley Association of Building Officials, serving two separate terms as President (1993 & 2002). He has also devoted many hours to California Building Officials (CALBO) and the County Building Officials Association of California (CBOAC). He served as President for CBOAC in 1996 and co-chaired the CALBO Code-Development Committee for four years. He received the CALBO Presidents award in 1998 and the SVC-ICBO "Chuck Coen" Code Development Award in 1994. Michael is a CABO Certified Building Official and holds 1CC Building Plans Examiner and Building Inspector certifications. His 27 years of building code enforcement experience as a building inspector, plans examiner, building official, and manager provide him the insight required to understand the short and long term needs of government enforcement departments. Rick Mauldin joined Willdan in May 2005 as a Senior Plans Examiner immediately following his retirement from the City of Folsom Building Department where he was the commercial plans examiner for six years. Prior to Folsom, Rick worked as a building inspector and plan examiner for the building departments of the cities of Seaside and Susanville bringing his total building department experience to ten years. Prior to becoming involved with building code enforcement, Rick operated his own general and plumbing contracting business for 20 years. WILLDAN - Serving Public Agencies 8 BUILDING AND SAFETY PERSONNEL Rick is a graduate of Butte College with two Associate of Arts Degrees; Building Inspection Technology and Drafting Technology. Rick holds ICC certifications as a plans examiner, building inspector, plumbing inspector, mechanical inspector, electrical inspector, combination building inspector, accessibility inspector and plans examiner, Fire Code Inspector, and IFCI/ICBO Fire Inspector II. Rick Essenwanger, Certified Plans Examiner, has three years of experience as a plans examiner performing residential, commercial, and fire-life safety plan reviews for numerous California client cities and counties. Rick holds a Bachelor of Art degree from the California State University at Chico, an Associate of Science degree in Building Inspection Technology from Butte College, and an Associate of Science degree in Physical Science from Chaffey College. Rick holds thc following certifications: ICC Building Plans Examiner, ICBO Building Inspector, ICBO Electrical Inspector, IAPMO Mechanical Inspector, and IAPMO Plumbing Inspector. Before joining the Willdan team, Rick performed analytical work in the Insurance Industry, staged electrical materials for construction projects for Pacific Gas & Electric Co. and operated and inspected large yard, charging and teeming cranes for Kaiser Steel Corp. He has also performed volunteer work for Habitat for Humanity. Isaac Kuster, Certified Plans Examiner, provides plan review and periodic inspection assignments for City of Woodland, City of Live Oak, and Butte County building departments. Isaac also assists with project management, including tracking and invoicing. Isaac holds a Bachelor of Arts Degree from Humboldt State University and ICC Building Inspector, Building Plans Examiner, Electrical Plans Examiner, Commercial Electrical Inspector, and Residential Electrical Inspector certifications. Tom Trueb joined Willdan in July 2005 'as a Plans Examiner Aide following his completion of the Butte College Building Inspection Technology program. Tom has experience working as a Project Manager for residential and commercial building construction projects and management of building material sales. Tom worked for The Home Depot Inc. for 15 years where he held several positions including Sales Department Manager, Contractor Sales Supervisor, Installed Sales Supervisor, Millworks Specialist, and Loss Prevention Manager. In these positions he was responsible for ordering and maintaining inventory levels, sales and profit margins, hiring and evaluating employees, scheduling staff and services and investigating inventory losses. Tom is learning residential plan examination and studying for the ICC certification examinations. WILLDAN - Serving Public Agencies 9 BUILDING AND SAFETY PERSONNEL Clinton McKinley, CBO, joined the Willdan team in our Marysville office in September 2005 following his retirement from the Nevada County Building Department where he served for over 24 years. At Nevada County, Clinton was the Chief Building Official for the last eight years of his service. He began there as a building inspector and promoted through the ranks holding positions as a senior inspector and as a plans examiner. Clinton began his involvement in the construction industry as a carpenter. Over time his responsibilities grew and he held positions of a foreman, supervisor of construction, and then became a general contractor. Clinton is a Certified Building Official and Building Plans Examiner. Clinton held certifications in all disciplines relating to building codes offered by the International Conference of Building Officials at one time. In our Marysville office, Clinton will perform plan reviews of all types of buildings and perform assignments that will utilize his leadership skills and experience. Tiffany Piper is a Plan Check Technician for the Marysville Office. Tiffany is typically the first-point-of-contact for plans submitted to Willdan's Marysville office for plan examination, structural examination, or recheck. She logs plans into the tracking system, performs follow-up on status of plan checks, and coordinates production .of the comment letters signed by the plan review professional. Michael Barrett is an experienced builder and inspector who joined Willdan in 2004 as a Building Inspector. Michael began in Willdan's San Bernardino office with inspection assignments in the client cities of Rancho Mirage, Indian Wells, Banning, Colton, and Redlands. In early 2005, Michael relocated to Willdan's Northern California Region headquartered in Sacramento with assignments in Live Oak, Woodland, and Colusa to date. Before joining Willdan, Michael was building inspector for the cities of Beaumont and Merced for a total of three years. Michael's background of 31 years in the construction industry as a builder includes 15 years as an expert witness for the State Contractors License Board Expert Witness Program. He holds a B-1, HIC, and C-5 contractor license, and the ICBO Residential Building Inspector certification. Sharon Barrett has been working for Willdan for nearly five years performing administrative duties in support of building and public works plan examinations. Sharon began as a plan check clerk in Willdan's San Bernardino office and relocated to Northern California in early 2005. Sharon is now assigned to the Marysville office but periodically works in the Sacramento office on special administrative projects. Her primary duty is to perform our plan intake, which includes maintenance of Willdan's proprietary Plan Check Tracking System that holds information about each plan review project. Sharon also performs functions vital to the issuance of accurate invoices for work performed. WILLDAN - Serving 'Public Agencies 10 BUILDING AND SAFETY PERSONNEL Fresno Office Greg Adams joined Willdan as a Senior Plans Examiner in May 2005 bringing a wealth of knowledge and experience to the Building & Safety Division. After almost 18 years of service he retired from Tulare County Resource Management Agency, Development Services. During his years of employment with Tulare County he served as building inspector, plans examiner, Interim Building Official for two years, Permit Center Coordinator and was appointed Administrative Hearing Officer for the Code Compliance Division. Prior to Greg's employment with Tulare County, he was a licensed contractor holding a Class B-General Building Contractor license. He has over 14 years experience in the building trades. Greg is an active member in the San Joaquin Valley Chapter of ICC. He served on the Chapter presidency from 1994-1997. As a member of CALBO, he served two years on their Energy Standards Committee. Greg is a CABO Certified Building Official and holds certificates as an ICC Building Plans Examiner, Building Inspector, and Permit Technician. Douglas Rothermel, Structural Engineer, will jo, in Willdan's Fresno office in October 2005. Licensed as both a structural engineer and civil engineer with 15 years of field experience, most recently as the branch manager for a Central Valley structural design fn'm, Doug will utilize his visionary experience when providing plan review for San Joaquin Valley clients. As a designer, Doug performed structural calculations, prepared construction documents, and reviewed shop drawings. As a project manager, he has managed a variety of engineering projects utilizing the four major construction materials for residential, commercial and steel commercial buildings; designed and reviewed seismic upgrades in accordance with FEMA 351 and 356; and ensured compliance so projects were completed on time and within budget. Doug graduated from California Polytechnic University San Luis Obispo with a Bachelor's degree in Architectural Engineering. Todd Lindevald serves as the Administrative Services Supervisor for the Fresno office. He is the initial point of contact for non-structural and structural plan intake and assists with electronic logging and tracking of residential and commercial plans and backchecks for the Fresno and Visalia offices. WILLDAN - Serving Public Agencies 11 BUILDING AND SAFETY PERSONNEL Augmented Staff on Assignment (From left to righ0 Matt Fisher, Sarah Sandoval, and Michael Neely are Building Permit ~ Technicians on a contract assignment r augmenting staff in the City of Sacramento Building Department. Matt is working toward a degree in Building Inspection Technology at Cosumnes River College in Sacramento. Sarah has over five years of experience as a permit technician gained with another consulting firm and the City of West Sacramento and holds the Permit Technician certification issued by the International Code Council. Sarah plans on attending Cosumnes River College's Building Inspection Technology program with designs on becoming a plan examiner. Michael is a 2004 graduate from Butte College's Building Inspection Technology Program and is performing as a Building Technician to gain experience towards a career in a building department. WILLDAN - Serving Public Agencies 12 RELATED EXPERIENCE Client relationships are extremely important to Willdan. Our mission is to achieve business success by delivering superior quality services to our clients. Willdan has extensive experience performing plan examination and inspection duties on behalf of a diverse client group including 35 jurisdictions, clients, and agencies. Projects have ranged from the $1 billion MGM Grand Hotel and Theme Park in Las Vegas, Nevada, to the simplest of residential plan examinations for owner-builders. We have the experience and flexibility to assist cities and counties with establishing or maintaining building code enforcement programs by providing a building official, plan examiners, and inspectors. The following illustrates a brief description of plan examination services provided for clients in Northern California. We encourage you to contact these references to assess the quality of our services and our commitment to personal assistance and performance. California State University Contact: Mr. Tom Kennedy, Chief of Architecture and Engineering, Office of the Chancellor · 562- 951-4131 Sonoma Campus:. (campus contact, Deborah DuVall 707-664-2337) - 100,000 square foot, three-story performing arts complex - Remodeled 50,000 square foot, two-storY academic classroom and student services building · Sacramento Campus: (contact Mr. Ron Richardson 916-278-6181) 3,200 space parking structure New science building employing revolutionary seismic bracing systems One-story wood frame administrative building · Monterey Bay Campus: (campus contact: Robin Katsuki 831-582-3032) 215,000 sq. ft. library: four stories and basement 40,000 sq. fl., three-story classroom building Conversion of existing Fort Ord military structures to multistory student housing New 40,000 sq. ft. three-story classroom building · Channel Island Campus: (campus contact, Tom Kennedy 562-951-4131) Numerous two-story multi-unit student housing buildings in clusters Two-story classroom building Renovations of an existing multipurpose building · Humboldt Campus (campus contact Phil Perez 707-826-4111) · Four-story, 94,200 sq. ft. Behavioral and Social Sciences building City of Woodland Contact: Mr. Michael Graham, Chief Building Official 530- 661~5819 Projects for the City of Woodland: · New Police Department Station. This proposed new building will have 56,000 square feet in two stories and a basement. The preliminary plans have been examined and returned for correction. The architect's final plan submittal is pending. · 900,000 square foot Bender Warehouse WILLDAN- Serving Public Agencies 13 RELATED EXPERIENCE · Home Depot retail store · Holiday Inn Express Motel · Chevron Fuel Station and Convenience Market · Meyers Homes subdivision with multiple models (conducted inspections) · E and L Home's Avignon subdivision with multiple models City of Tracy Contact:/~lr. Kevin Jorgensen, Building Official · 209-836-2750 Projects for the City of Tracy: · City Hall · Tracy Mazda Automotive Shop · Tracy Mazda Automotive Dealership · Golden Corral Restaurant · Mitsubishi Automobile Dealership · Dr. Bhullar Medical Building TI · Comcast Cable Store and Hub Facility · Bob Sekhon Retail Center · Edgewood Model Homes City of Fresno Contact: Mr. Brian Leong, Residential Operations Supervisor, Planning and Development Department · 559-621-8094 Projects for the City of Fresno: · Valley Children's Hospital "Project" House, valuation $800,000 · Vanderbuilt Homes, Tract 5260 · McMillan Homes, Tracts 5258, 5445, 5446, and 5295 · Rexford Homes, Tracts 5163 and 5363 · Beazer Homes, Tracts 5313 and 5374 - all ten models California Division of The State Architect (DSA) Contact: Mr. Dan Levemier, Senior Architect · 916- 323-3013 Projects for DSA include the examination of plans for numerous new public school buildings and renovations of existing school buildings and facilities to obtain compliance with applicable codes for fire and life safety. Recent Large-Scale Institutional Projects · Government Center, County of San Luis Obispo (opened in 2005) · Sheriff Department facility, Placer County* · Planning, Public Works, and Building Department building for Placer County* · Four-story, 188,600 sq. fL California State University at Monterey Bay Library* · City of Woodland Police Department (opened in 2004) WILLDAN- Serving Public Agencies 14 RELATED EXPERIENCE · CSU Humboldt Behavioral Science building* · CSU Fresno three-story, 100,000 sq. fl. Water Technology building · CSU Sacramento six-story, 3,200 space parking structure * Under construction in 2005 Other Northe'rn/~alifomia Building and Safety Clients · City of Clearlake~'/ix · City of Rancho · County of Butte · City of Colusa "' Cordova · County of El Dorado · City of Davis · Cip/of Roseville · County of Nevada · City of Folsom · City of Sacramento · County of Placer · City of Lincoln · City of Tracy · County of San Luis · City of Live Oak · City of Turlock Obispo · City of Manteca · City of Woodland j · County of Yolo · City of Merced · City of Yuba City · County of Yuba WILLDAN - Serving Public Agencies 15 COMPENSATION TABLE 3. Willdan performs the plan examinations at the following rates: · Complete plan examinations for 75% of the plan check fee determined by the Building Department in their regular course of business with the public. · One discipline plan checks, such as structural only plan checks, for 35% of the plan check fee determined by the Building Department in their regular course of business with the public. Willdan provides inspection personnel at the following rates: · Building Inspector · $90 hour, including all travel and expenses · Senior or Supervising Building Inspector: $100 per hour, including all travel and expenses. Out-of-scope work, investigations, reinspections, and fourth and subsequent plan check fees may be accessed according to the following schedule: BUILDING & SAFETY COMPENSATION SCHEDULE Division Manager $155 BUilding Inspector** $90 Supervising Plan Check Engineer 130 Supervising Construction Permit Specialist 90 Building Official 130 Senior Construction Permit Specialist 85 Plan Check Engineer 120 Assistant Building Inspector** 80 Deputy Building Official 120 Senior Code Enforcemetn Officer 80 Inspector of Record 120 Code Enforcement Officer 65 Senior Plans Examiner 110 Assistant Code Enforcement Officer 55 Supervising Building Inspector 110 Construction Permit Specialist 70 Plans Examiner 100 Assistant Construction Permit Specialist 60 Senior Building Inspector 100 Plans Examiner Aide 60 ADMINISTRATIVE COMPENSATION SCHEDULE Computer Data Entry $50 Word Processing $50 Clerical 50 Personal Computer Time 15 ** Prevailing wage project rate Additional billing classifications may be added to the above listing dudng the year as new positions are created. Consultation in connection with litigation and court appearances will be quoted separately. The above schedule is for straight time. Overtime will be charged at 1.25 times, and Sundays and holidays, 1.70 times the standard rates. Blueprinting, reproduction, messenger services, and pdnting will be invoiced at cost plus fifteen percent (15%). A subconsultant management fee of fifteen percent (15%) will be added to the direct cost of all subconsultant services to provide for the cost of administration, consultation, and coordination. WILLDAN - Serving Public Agencies WILLDAN Serving Public:. Agencie. s 16 AGENDA ITEM No. 5.a CITY OF UKIAH CITY COUNCIL AGENDA SPECIAL MEETING CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 May 31, 2006 ROLL CALL 5:32:04 PM Councilmembers Present: Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. Staff Present: City Manager Horsley, City Attorney Rapport, Community Services Director Sangiacomo, Airport Manager Richey, Airport Assistant Ronk, Water-Utilities Project Engineer Burck, Interim Wastewater Treatment Plant Supervisor Pounders, Water/Sewer Supervisor Dugali and City Clerk UIvila. APPROVAL OF MINUTES None. RIGHT TO APPEAL DECISION 5:32:27 PM Mayor Ashiku read the Right to Appeal Decision statement. 5:32:27 PM Councilmemeber Rodin arrived at meeting AUDIENCE COMMENTS ON NON-AGENDA ITEMS 5:32:41 PM No one came forward to address the Council. UNFINISHED BUSINESS 5a. Goals: Community Services (continued), Airport, Water/Sewer Community Services - Golf, Recreation, and Museum 5:32:48 PM Community Services Director Sangiacomo reviewed the goals for the next fiscal year of the Golf Division, Recreation Division, and Grace Hudson Museum. Airport 5:43:26 PM Airport Manager Richey reviewed the goals for the Ukiah Regional Airport for the next fiscal year as outlined in the report; provided a brief history of the airport; and reported on CalStar, CDF operations, and grants. Discussion ensued. 5:57:40 PM Councilmember Crane arrived at meeting 5b. Water/Sewer 5:59:20 PM Water-Utilities Project Engineer Burck reviewed the goals, maintenance, and requirements of the Water/Sewer Divisions for the next fiscal year. Review and Prioritization of Planninq Projects (continued from 5/17/06) 6:21:50 PM Planning and Community Development Director Stump explained how the Community Planning Division of the Planning Depadment is involved in a wide range of activities; reviewed the department's 13 major projects; and sought Council's input with regard to prioritizing the projects (as outlined in the Staff Report). Lengthy discussion followed. Council concurred with Director Stump's recommendations on the prioritization and asks that he continue to work closely with Mendocino County on growth and development issues for the Ukiah Valley. ! AGENDA ITEM No. 5.a 6:42:04 PM Recessed 6:50:25 PM Reconvened SC. Continued Discussion and Consideration of an Ordinance Re.qardin.q Campaign Reform - Baldwin, Rodin (continued from 5/17/06)6:50:25 PM Lengthy discussion ensued focused on a proposed draft Ordinance prepared by Councilmember McCowen, The primary modifications proposed are concerned with contribution limits and the benefits offered to candidates who agree to accept a voluntary spending limit. The proposed modifications, for a voluntary spending limit candidate, would raise contribution limits to $500, the City would pay one half the cost of the ballot statement, provided for inclusion of a second 500 word statement on the City's website if an opposing candidate rejects the voluntary spending limit, and proposed that the voluntary spending limit for a candidate who is opposing an incumbent shall be increased by 25%. Public Comment Opened: 8:14:09 PM 8:16:16 PM Scott Cratty, Ukiah, is in support of campaign reform with lower disclosure contribution limits. 8:20:04 PM Benj Thomas, Ukiah, is in support of campaign reform and an independent election commission. 8:22:31 PM Ron Epstein, Ukiah, is in support of campaign reform and lowering spending limits. He feels an independent election group(s) would be helpful and requests the public have input to the subcommittee. Public Comment Closed: 8:29:30 PM It was the consensus of the Council that Councilmembers Rodin and McCowen be designated as a subcommittee to work with City Attorney Rapport to prepare a final draft ordinance to be considered for adoption. Councilmember Rodin distributed the Russian River Watershed pamphlet to the Councilmembers. 9:03:08 PM Adjourned to Closed Session: 9:03:39 PM CLOSED SESSION a. Public Employee Performance Evaluation (Gov't Code Section 54957) Title: City Manager Reconvened: 11:05 PM. ADJOURNMENT There being no further business, the meeting was adjourned at 11:05 PM. Mark Ashiku, Mayor JoAnne M. Campbell, Transcribing Secretary. NO. 5b CITY OF UKIAH CITY COUNCIL Regular Meeting Minutes CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 June 7, 2006 1. ROLL CALL Meeting called to order p.m. by Mayor Ashiku Present: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. Staff Present: City Manager Horsley, City Attorney Rapport, Police Chief Williams and City Clerk UIvila. PLEDGE OF ALLEGIANCE Councilmember Crane led the Pledge of Allegiance PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Introduction of New Police Department Employees - Officer Quincy Cromer, Officer Noble Waidelich and Officer Fred KeplinRer Police Operations Communications Captain introduced new officers, Quincy Cromer, Noble Waidelich, and Fred Keplinger. Measure S funds are funding the positions and training. PETITIONS AND COMMUNICATIONS a. Communication from Susan Sher on sidewalk and pedestrian issues on Ford and Clara (Vice Mayor Baldwin) Ms. Susan Sher addressed the lack of sidewalks and increased vehicle and pedestrian traffic in the Wagenseller neighborhood. APPROVAL OF MINUTES a. Re.qular City Council MeetinR of April 5, 2006 MIS Rodin/McCowen approving regular meeting minutes of April 5, 2006, with correction as follows: page 2 last paragraph before item 4, strike word concerning; page 6 item 10d should read "Trout Unlimited petition and Assembly Bill 2121"; and page 7 first paragraph correct the spelling of Sanford, and carried by a unanimous voice vote of the Council. RIGHT TO APPEAL DECISION Mayor Ashiku read the Right to Appeal Decision statement. CONSENT CALENDAR MIS Roden/McCowen approving Consent Calendar items "a" through "j" as follows: a. Rejected Claim for Damages Received from Michael Roberts and Referred to Joint Powers Authority, Redwood Empire Municipal Insurance Fund; b. Received Notification of the Expenditure in the Amount of $5,659.50 to Air Exchange Inc. for the Extension of the Fire Depadment's OSHA Required Exhaust Removal System; c. Awarded Bid for Purchase of a %-Ton, 4x2 Pickup Truck complete with Utility Service Body for the Water Treatment Plant to Downtown Ford Sales in the Amount of $21,598.85; d. Awarded Bid for Pumhase of 2000 Gallons of Aluminum Chlorhydroxide, 50% Solution (Liquid Polymer) to Jenchem, Inc. at the Unit Price of $5.364 Per Gallon for an Approximate Total Amount of $10,728.58, Plus Tax; e. Awarded Bid for Purchase of 60 Dry Tons of 30% Sodium Hydroxide to Pioneer Americas at the Unit Price of $475 Per Dry Ton for an Approximate Total Amount of $28,500, Plus Tax; f. Authorized Sole Source Procurement to Conduct a Healthy Waterways Study to the Aquatic Ecosystems Analysis Laboratory at the Center for Watershed Sciences, University Of California, Davis in the Amount of $35,000; 10. Awarded Bid for 4500 Ft. of 4/0 AWG AL, 15 KV, EPR insulated, Single Conductor, Jacketed Concentric Neutral Underground Cable to the Okonite Company in the Amount of 15,680.86; Adopted Ordinance No. 1079 Amending Section 2000 of the Ukiah City Code, Pertaining to Temporary Rules in City Parks, and Adding a New Section 2000.2, Pertaining to Rules for City Sponsored Concerts in the Park; Status of the Lake Mendocino Hydroelectric Power Plant Equipment Refurbishment Emergency; Received Report on Payment to Roberts Mechanical & Electrical, Inc., in the Amount of $17,085.66 for Installation of Electrical and Plumbing Connections for Temporary CNG Fueling Apparatus at the Ukiah Regional Airport. MIS Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAINED: None. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward to address the Council. PUBLIC HEARING a. Resolution Adoptin.q Public Works and En.q neerin.q Department Fees Public Works Director/City Engineer Eriksen came forward to answer any questions regarding the Resolution adopting Public Works Engineering Department Fees. Public Hearing Opened 6:36 p.m. Public Comment: Chairman Al Beltrami, Interim Executive Director Employer's Council of Mendocino County, complimented Director of Public Works Eriksen for meeting with and responding to their questions and stated normally fee increases are opposed but in this case it's appropriate and supported. Public Hearing Closed 6:50 p.m. MIS Rodin/Baldwin adopting Resolution 2006-59 establishing updated Public Works and Engineering Depadment Fees; carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAINED: None. PUBLIC HEARING b. Minor Subdivision Exception 05-49: Gadeal 733 South Oak Street Continued to June 21,2006. UNFINISHED BUSINESS a. Introduction of Ordinance EnactinR Campaiqn Finance Reform Act City Attorney Rapport reported on the Campaign Finance Reform Ordinance. The City Council shall review this Ukiah Campaign Reform Act within six months after the November 2006 election to determine whether any changes should be made. Discussion ensued. Public Comment: None. MIS McCowen/Baldwin introducing ordinance by title only of the Draft Ordnance with two changes to §2082(A) ("...file a third pre-election Campaign Disclosure Statement...at 11:59p.m. on the fourth business day..." and "...filed with the City Clerk no later than 1:00p.m. on the third business day preceding election day..."; carried by the following roll call vote: AYES: Councilmembers McCowen, Rodin, and Baldwin. NOES: Councilmember Crane and Mayor Ashiku. ABSENT: None. ABSTAINED: None. 11. City Clerk Ulvila read the title of the ordinance, "Ordinance of the City Council of the City of Ukiah Adding Chapter 14, Entitled, "Ukiah Campaign Reform Act," to Division 1 of the Ukiah City Code." MIS McCowen/Rodin introducing ordinance by title only; carried by the following roll call vote: AYES: Councilmembers McCowen, Rodin, and Baldwin. NOES: Councilmember Crane and Mayor Ashiku. ABSENT: None. ABSTAINED: None. Consensus of the Council Members to hold a regular City Council meeting June 14, 2006, at 5:15 p.m. to adopt the Campaign Reform Act Ordinance. NEW BUSINESS a. Authorize the City Manager to Negotiate and Execute an Access Agreement with Circuit Rider Productions Inc. for Giant Reed Removal and Habitat Restoration on City Property Alonq the Russian River Watershed Continued. 12. COUNCIL REPORTS Councilmember Rodin reported on the Economic Development Finance Coordination which is investigating collaboration of different districts/boards/organization that need major capital infrastructure improvements but are finding funding difficult to form a consortium. A planning meeting could be scheduled for September; Finance Directors are being asked to attend. 13. CITY MANAGER/CITY CLERK REPORTS City Clerk Ulvila reported the lack of candidates to fill vacancies for the boards, commissions, and committees. Adjourned to Closed Session: 7:37 p.m. 14. CLOSED SESSION a. Government Code §54956.8 Conference with Real Property Negotiator Property: Assessor's Parcel No. 002-381-02 located on Clay Street Negotiator: Candace Horsley, City Manager 15. ADJOURNMENT There being no further business, the meeting was adjourned at 8:10 p.m. JoAnne M. Campbell Transcribing Secretary AGENDA ITEM NO. 5c CITY OF UKIAH CITY COUNCIL SPECIAL MEETING - MINUTES FIRE DEPARTMENT MASTER PLAN WORKSHOP CITY HALL COUNCIL CHAMBERS 300 SEMINARY AVENUE UKIAH, CA 95482 July 20, 2006 5:30 p.m. o ROLL CALL: Councilmembers Present: Crane, McCowen, Rodin, Baldwin Councilmembers Absent: MayorAshiku Staff Present: City Manager Horsley, Fire Chief Latipow, recorder Cynthia Stanford PLEDGE OF ALLEGIANCE: Fire Chief Kurt Latipow led the Pledge of Allegiance PRESENTATION OF THE "FIRE PROTECTION AND EMERGENCY SERVICES MASTER PLAN: FOR THE CITY OF UKIAH FIRE DEPARTMENT" Fire Chief Latipow gave an opening statement regarding the Fire Department's participation in the process of preparing the Master Plan and then introduced the presenters; Ronny J. Coleman and associate Bob Marcucci of Emergency Services Consulting, Inc. Mr. Coleman discussed the purpose and process of what is contained in the Fire Protection/Emergency Services Master Plan 2006 document. During the preparation of the Master Plan Mr. Coleman and Mr. Marcucci reviewed historical data, spoke to over 100 citizens, Councilmembers, staff, and stakeholders, made 3 trips to Ukiah as well as held a workshop. The intent of the Master Plan is to provide a general direction for the Fire Department's present and future role in the community as outlined below. PURPOSE OF THE MASTER PLAN: · Give general direction · Identify risks, hazards, and values present in the community that require fire protection · Budgetary actions · Where the Fire Department is today, what is at risk in the community, and goals to accomplish · assemble resources, determine types of services and whether they are linked with the needs of the community: · look at options/alternatives and formulate decisions Page I Mr. Coleman gave a description of the layout of the Master Plan, discussed various sections and how the Master Plan is organized, and what assessments were used to arrive at the options and alternatives presented. Mr. Coleman pointed out Section IX which has suggested recommendations and an action plan. In preparing the Master Plan Mr. Coleman considered 10 points as follows: · governance · risk · financial implications · management direction · program activities · infrastructure including station and apparatus · training system · staffing system · internal management system · relationship to the community Mr. Coleman went on to discuss the remainder of the Master Plan including contemporary issues, setting standards, financing the Department, the Department's vision and recommendations for the future of the Fire Department. In Mr. Coleman's interview process he was presented with numerous perspectives of the mission of Ukiah Fire Department. The following is representative of his discussions and observations. · What should the Fire Department be doing? Protection of life and property from natural and man made disasters. What do you believe is a reasonable expectation of the types of services that should be provided? Fight fires, respond to medical emergencies, public education, fire prevention, disaster preparedness, fire investigations and general public assistance. What are the challenges and opportunities that you see for this Department? Staff turnover, full-time staffing level, preservation of the volunteer program, apparatus & equipment replacement, dealing with growth, changing community expectations, policy decisions regarding Emergency Medical Services, and overall assessment of EMS Program Activity. How long do you think it would take the Fire Department to respond? Most expectations were a 5-6 minute response. Everyone is programmed to call 911 when they have any kind of an emergency. What individual needs does this community have that the Fire Department could help with? Deal with growth in the areas of responsibility and growth in cost of providing service, training and response coverage, balance between revenue and tax base. Mr. Coleman explained that the Master Plan discusses in great detail where the Fire Department is today and where does it want to be in 5 years, in 10 years. He went on to Page 2 discuss EMS services, structure fires, mutual aid, and response time performance. Following are the recommendations of the Master Plan: MISSION/GOALS: Short Term Recommendations: · Adopt specific goals and objectives · Adopt specific performance measures · Automate the fire prevention bureau · Add a fire inspector to the bureau · Adopt official levels of service - suburban environment based on population density · Obtain consensus on capital items - due to budget constraints, items have been deferred. It would be worthwhile to sit down and reevaluate what is relevant and appropriate for purchase and in what timeframes. · AEDs in public buildings · Develop officer training capability - invest in training · Improve upon volunteer recruitment and retention; the future of this Department will have to rely on volunteer participation. · Improve upon volunteer support. · Improve upon pre-fire planning efforts- economic infrastructure Lon.q Term Recommendations: · Reestablish Ukiah Valley Regional Fire System · Convene a committee to rewrite the Section on Fire and EMS in the General Plan for submittal later · Appoint transitional Fire Chief · Contract with Howard Forest for Dispatch (or be a part of the Regional Study by PD) · Allow the Fire Chief to "over hire" once a year to improve upon the overtime situation. Mr. Coleman went on to state that we need to strike a balance while we plan for the future. The future consists of 1 ) costs/consequences - costs will continue to increase, so plan for cost/consequence avoidance and 2) core competencies - The Master Plan proposes that Ukiah Fire Department remain a suburban fire department, continue with the current format, and consider becoming part of a regional system. Councilmember Baldwin asked if there were any questions from the Council and there were none. Councilmember Baldwin asked if there were any public comment or questions at this time and there were none. A general discussion ensued with the Council, Mr. Coleman and Fire Chief Latipow which included the following topics: · smart growth movement/densification (going above 2 story height limit) · changes in traffic circulation · urban/wildland interface problems, i.e., defense level for western hills- response level and time · Brush Street Triangle Page 3 · regionalization - growth potential outside City limits · population increase · residential development · tax/revenue agreement between the City and County Councilmember McCowen asked for clarification regarding the chart on pg.7, Recommendation 1, "Anticipated Benefits" and whether cost containment was the most likely anticipated benefit of reunification when he was thinking the greater benefit might be increased efficiency and delivery of service. A discussion ensued regarding how to contain costs, increase effectiveness/response time, cost savings, safety and efficiency. Mr. Coleman went on to state that Regionalization creates greater efficiency, cost containment and a better delivery system. Councilmember McCowen referenced pg.47, ISO recommendations made in 2003 and questioned to what degree those recommendations had been implemented. Mr. Coleman deferred to Fire Chief Latipow to answer. Fire Chief Latipow commented on the following: The Fire Department has adopted the recommendations within the ISO reports as much as possible given staffing and fiscal constraints including · implementing the pump testing program · the OES pumper on loan from the State is included in the annual ladder and pump testing · improved training program and structuring the training program in such a way that it is tied to specific goals and objectives · the Department anticipates the launching of our pre-fire planning as soon as we get the new Fire Prevention Captain · Fire Marshal is working with Public Works Department and new construction developers to upgrade hydrant outlets per ISO recommendation · potential to resurrect hydrant testing program with Public Works Department, however current call volume is too great and staffing is not adequate to permit this nOW Fire Chief Latipow estimated that about half of the ISO recommendations have been adopted at this point. Councilmember McCowen raised the issue of dispatch services. A discussion ensued regarding dispatch issues, built-in delays, contracting with Howard Forest, interagency dispatching with the Sheriff's Office, dispatcher training, and that the current dispatch system is topping out on call volume. City Manager Horsley relayed information from her meeting with Sysco Systems. Mr. Coleman stated that the purpose of a regional fire dispatch center would be to ease the burden on the current police and fire dispatch center. Benj Thomas from the audience asked Mr. Coleman to discuss the issue of difficulties posed by mandated training requirements and the impact on fire departments that are largely volunteer. Mr. Coleman explained that these mandates pose hardships on all departments in the state in that they required more training hours than firefighters have available. The average firefighter receives about 2 hours of training per shift day and a volunteer firefighter receives about 2 hours of training per week. There is constant Page 4 slippage between requirements and number of hours available leaving departments to take care of more critical mandates and letting the less critical ones slip by the side. Mr. Coleman stated that the best thing to do was to maintain an ongoing comprehensive training program with complete documentation. Councilmember McCowen asked for Mr. Coleman's recommendation to address current situation of training/duties. Mr. Coleman stated that insufficient training is not the problem for the Fire Department, it is the workload vs. lack of daily training. Councilmember McCowen brought up the issue of the integrity of our Communications Center uninterrupted power supply (pg. 94) A discussion ensued regarding whether we could assess the back-up system or test it. A general discussion ensued regarding dispatching EMS calls and whether dispatchers are thoroughly trained for EMS/Fire dispatching. Councilmember Crane questioned whether it may be appropriate for ambulance charges to reflect more of the dispatch costs. Discussion ensued regarding currently undervaluing the ambulance service and fees, responding to 911 calls, call volume vs ambulance fees. Councilmember McCowen commented on the finding (pg. 100) of the high level at which Ukiah Fire Department functions. For the Department's small size this represents a great deal of work on the part of staff to provide such a high level of service. Councilmember McCowen stated he though this was outstanding. Mr. Coleman stated that Ukiah Fire Department has a broad based comprehensive way of running their department and that he was impressed with the level of production by staff. A discussion ensued between the Councilmembers, Mr. Coleman and Fire Chief Latipow which involved topics of consolidation/regionalization, LAFCO involvement, a new JPA, EMS response/transport, funding/revenues, staffing levels, per capita fire costs, fire prevention fee schedule update, equipment replacement costs with staggered purchases and long range plan/amortization issues. Councilmember Crane and Mr. Coleman discussed volunteer firefighter involvement and retention. Councilmember Crane and Mr. Coleman discussed sprinklers, classifications, benefit to community vs cost of sprinklers and the effect of the City's sprinkler ordinance in reducing fire risk to a moderate level. Councilmembers Crane, McCowen, Rodin, and Baldwin offered suggestions for corrections and clarifications to be incorporated into the final Master Plan. (See Attachment for specific suggestions.) Further comments and questions by the City Council may be submitted by phone or in writing to ESI. In response to a question from Councilmember McCowen, Fire Chief Latipow stated he agrees with the recommendations contained in the document and believes the document is a place to build the foundation and move on from regardless of how controversial some of the recommendations are. Page 5 4. REVIEW AND CONSIDERATION OF MASTER PLAN ADOPTION Revisions to the Master Plan will be made as discussed above and the Master Plan will be presented to the City Council at a later date. 5. AUTHORIZATION TO EXPEND FUNDS IN AN AMOUNT NOT TO EXCEED $30~000 TO HI-TECH EMERGENCY VEHICLE SERVICE FOR REPAIRS TO THE FIRF DEPARTMENT'S FIRE TRUCK. MIS Baldwin/McCowen that Council authorize the expenditure of funds in an amount not to exceed $30,000 to Hi-Tech Emergency Vehicle Service for repairs to the Fire Department's fire truck. Carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin and Baldwin. NOES: None. ABSENT: Mayor Ashiku. ABSTAIN: None. 6. ADJOURNMENT OF WORKSHOP The workshop was adjourned at 7:45 p.m. Cindy Stanford, Recording Secretary Page 6 ATTACHMENT I. Attachment to Master Plan Workshop Minutes of 7/20/2006 Suggested corrections and/or clarifications PAGE # COMMENT RESOLUTION 10, Change "Establish an acceptable level of service" Phrase will be changed in the 4th bullet to Master Plan (MP) "Establish a definition of acceptable level of service". 11, The word "new", what is meant? Answer: Each N/A line 2 year you expect a department to have incremental improvement in performance - continuing process of renewal. 14, "review by client" please define. Answer: The Final document will be Object 5 Client is the City of Ukiah presented after this review 42 "(3,000 gallons per minute)" - should be 3,500 Will correct this typo in the MP 43, 35' or greater - is this correct? This is an estimate line 9 44, "lesser" - this should state "greater" Will correct this typo in the Distribution MP 47 "lower classification" - should it state "higher" - Wording will be changed in 3rd line Answer: there is not difference if it is anything MP other than 4. It should state "lower number" 53, "Airport Blvd." - should it be Hastings Road? - Wording will be changed in line 3 Answer: City Manager Horsley said Airport Road MP is the correct wording 73-77 Would like years on these tables Will clarify this in the final MP 107, Benefit that is "unfounded"- should be "unfunded" Will correct typo in final MP bottom 168 "Reinstitute Pre-Fire Program"- Could this This section will be expanded description be broadened? Would like this portion in the final MP expanded. 171 "Over Hires" - Depth of personnel - more depth in This section will be expanded personnel - would like suggestions/process in and suggestions included in implementation final MP ITEM NO.: 7a DATE: Au,qust 16, 2006 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF JULY 2006 Payments made during the month of July 2006, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedule of Bills, representing the four (4) individual payment cycles within the month. Accounts Payable check numbers: 70549-70768, 70895-71043, 71048-71157 Accounts Payable Manual check numbers: 67423-67424 Payroll check numbers: 70437-70548, 70769-70894 Payroll Manual check numbers: 70317, 70435-70436, 71044, 71045, 71047 Void check numbers: 71046 This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1. RECOMMENDED ACTION: Approve the Report of Disbursements for the month of July 2006. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Klm Sechrest, Accounts Payable Specialist Coordinated with: Gordon Elton, Interim Finance Director and Candace Horsley, City Manager Attachments: Report of Disbursements Candace Horsley, City~lanager KRS:WORD/AGENDAJUL06 CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF JULY 2006 Demand Payments approved: Check No.: System generated: 70549-70678, 70679-70768, 70895-71043, 71048-71157 Manual: 67423-67424 FUNDS: 100 General Fund $315,956.49 600 Airport $8,983.20 131 Equipment Reserve Fund 611 Sewer Construction Fund $268,936.99 140 Park Development $11,937.08 612 City/District Sewer $47,148.25 141 Museum Grants $2,184.70 615 City/Dist rict Sewer Replace 143 N.E.H1. Museum Grant 620 Special Sewer Fund (Cap Imp) $2,500.00 150 Civic Center Fund 640 San Dist Revolving Fund 200 Asset Seizure Fund $2,168.48 641 Sanitation District Special $5,663,78 201 Asset Seizure (Drug/Alcohol) 652 REDIP Sewer Enterprise Fund 203 H&S Education 11489 (B)(2)(AI) 660 Sanitary Disposal Site Fund $340.06 204 Federal Asset Seizure Grants 661 Landfill Corrective Fund 205 Sup Law Enforce. Srv. Fund (SLESF) $1,666.66 664 Disposal Closure Reserve 206 Community Oriented Policing 670 U.S.W. Bill & Collect $21,044.29 207 Local Law Enforce. BIk Grant 678 Public Safety Dispatch $4,297.90 220 Parking Dist. #10per & Maint $586.50 679 MESA (Mendocino Emergency Srv Auth) $3,000.00 230 Parking Dist. #1 Revenue Fund $35.00 695 Golf $72,153.90 250 Special Revenue Fund $27,771.00 696 Warehouse/Stores $760.03 260 Downtown Business Improvement $3,752.58 697 Billing Enterprise Fund $15,232.37 290 Bridge Fund 698 Fixed Asset Fund 300 2106 Gas Tax Fund $1,958.50 699 Special Projects Rese~/e ~'1 ¥,206.09 301 2107 Gas Tax Fund 800 Electric $1,095,618.74 310 Special Aviation Fund 805 Street Lighting Fund $12,240.29 315 Airport Capital Improvement $445,440.51 806 Public Benefits Charges $18,888.59 330 Revenue Shadng Fund 820 Water $831272.03 332 Federal Emerg. Shelter Grant 840 Special Water Fund (Cap Imp) $336,291.79 333 Comm. Development Block Grant 900 Special Deposit Trust $23,88087 334 EDBG 94-333 Revolving Loan 910 Worker's Comp. Fund $205,i34.43 335 Community Dev. Comm. Fund 920 Liability Fund $349,959.91 340 SB325 Reimbursement Fund $23.194.00 940 Payroll Posting Fund $367.940.87 341 S.T.P. 950 General Service (Accts Recv) $3.403.75 342 Trans-Traffic Congest Relief 960 Community Redev. Agency $4,278.17 345 Qff-System Roads Fund 962 Redevelopment Housing Fund 410 Conference Center Fund $9,206.78 965 Redevelopment Cap Imprv. Fund $2,78550 550 Lake Mendocino Bond $1,706.25 966 Redevelopment Debt Svc. 575 Garage $2,470.30 975 Russian River Watershed Assoc 976 Mixing Zone Policy JPA $3,164.60 PAYROLL CHECK NUMBERS 70317, 70435-70548 TOTAL DEMAND PAYMENTS $3,818,161.23 DIRECT DEPOSIT NUMBERS 28510~28656 TOTAL PAYROLL VENDOR CHECKS $49.132.15 PAYROLL PERIOD 6/18/06-7/1106 TOTAL PAYROLL CHECKS $174,206.47 PAYROLL CHECK NOS: 70769-70894, 71044, 71045, 71047 TOTAL DIRECT DEPOSIT $387,060,62 DIRECT DEPOSIT NUMBERS 28657-28845 PAYROLL PERIOD 7/2/06-7/15/06 TOTAL PAYMENTS $4,428,560.47 VOID CHECK NUMBERS: 71046 CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on City Clerk APPROVAL OF CITY MANAGER I have examined this Register and approve same. CERTIFICATION OF DIRECTOR OF FINANCE I have audited this Register and approve for accuracy and available funds. 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EE ..... ~o ~o~2~S~o~o ooo ..... ~oo ooo ..... ~oo oo~oo~o ~oo ~ooo ~ o ~ ooooo ~ ~ ~ b b .... 8 o °°°88°°° 8 oooo o ~Z~ o o AGENDA SUMMARY REPORT ITEM NO. 7b DATE: Au,qust 16, 2006 SUBJECT: STATUS OF THE LAKE MENDOCINO HYDROELECTRIC POWER PLANT EQUIPMENT REFURBISHMENT EMERGENCY At its May 17th, 2006 meeting, Council voted unanimously to declare the Lake Mendocino Hydroelectric Power Plant equipment refurbishment project an emergency and authorized the City Manager to take action to resolve the emergency until such time that the emergency no longer exists. To that end, the City Manager has contracted with Source California Energy Services, Inc. to perform the work necessary to refurbish the power plant equipment that was damaged and contaminated as a result of flooding that occurred earlier this year. A progress report from the Project Manager for Source California Energy Services, Inc. is detailed in an email dated August 4, 2006, see Attachment 1. He is projecting a completion date sometime in November, but it is too early in the project to have a fixed date. Statute requires that progress reports be made at every City Council meeting until such time that the contract is complete and the emergency no longer exists. RECOMMENDED ACTION: Staff recommends that the Council continue to declare by a 4/5 vote that the Lake Mendocino Hydroelectric Power Plant equipment refurbishment project is a continuing emergency and to support the refurbishment contract as performed by Source California Energy Services, Inc. until such time that the contract is complete and an emergency no longer exists. ALTERNATIVE COUNCIL POLICY OPTION: Given that Council declared the Lake Mendocino Hydroelectric Power Plant equipment refurbishment project an emergency at its May 17th Council meeting, and based on that action, the City entered into contract to resolve the emergency, there is no alternative policy option. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City Council Liz Kirkley, Electrical Distribution Engineer Candace Horsley, City Manager; David Rapport, City Attorney 1. Email from Source California dated August 4, 2006 APPROVED:, ~Ma~ne Candace Horsley, City r ITEM NO. 7c MEETING DATE: Au.qust 16, 2006 AGENDA SUMMARY REPORT SUBJECT: REJECTION OF CLAIM FOR DAMAGES RECEIVED FROM COREY GRAY AND REFERRAL TO JOINT POWERS AUTHORITY, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND A claim from Corey Gray was received by the City of Ukiah on June 15, 2006 alleging excessive force, emotional abuse and retaliation for filing complaints and civil actions, among other allegations, against the City of Ukiah's Police Department. Pursuant to City policy, it is recommended the City Council reject the claim as stated and refer it to the Redwood Empire Municipal Insurance Fund (REMIF). RECOMMENDED ACTION: Reject claim for damages received from Corey Gray and refer it to the Joint Powers Authority, Redwood Empire Municipal Insurance Fund. ALTERNATIVE COUNCIL POLICY OPTIONS: Alternative action not advised by the City's Risk Manager. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Yes Claimant Sue Goodrick, Risk Manager/Budget Officer David Rapport, City Attorney and Candace Horsley, City Manager 1. Letter from Corey Gray dated 6/13/06 Candace Horsley, City M~ager AGENDA SUMMARY ITEM NO. 7d DATE: August 16, 2006 REPORT SUBJECT: APPROVE THE PURCHASE OF GIS ARCINFO SOFTWARE FROM ESRI IN AN AMOUNT NOT TO EXCEED $12,500 SUMMARY: The $12,283.50 (plus tax and shipping) purchase of Arclnfo Software to upgrade the current ArcView License will enhance the GIS functionality of ArcView giving full control of the ArcMap software. Currently with ArcView there are 159 tools available and with Arclnfo there are 216 tools; a gain of 8 analysis tools, 3 cartography tools, 5 conversion tools, 35 data management tools, and 6 sample tools. This software will help to simplify the conversion from AutoCAD to GIS as well. It also aids in the overall functionality of producing top quality maps for the City of Ukiah. The purchase of Arclnfo was included in the Electric Department FY 06-07 Budget at $12,500. Funds are available in account 800.3733.800.000. RECOMMENDED ACTION: Approve the purchase of Arclnfo software from ESRI in the amount of $12,283.50 plus tax and shipping not to exceed $12,500. ALTERNATIVE COUNCIL POLICY OPTIONS: Provide staff with alternate direction. Citizen Advised: N/A Requested by: Elizabeth Kirkley, Electrical Distribution Engineer Prepared by: Christopher Hall, GIS Technician Coordinated with: Mary Horger, Purchasing Supervisor and Candace Horsley, City Manager Attachments: None APPROVED:'~~~.'-'"~ Candace Horsley, City Manager AGENDA SUMMARY REPORT ITEM NO. 7e DATE: August 16, 2006 SUBJECT: NOTIFICATIONTOTHECOUNCILCONCERNING THE PURCHASE OFA RACO VERBATIM ALARM AUTODIALER WITH CELLULAR CAPABILITIES FROM JENSENINSTRUMENT COMPANY FOR THE AMOUNT OF$5,899.31 PLUS SHIPPING Pursuant to the City of Ukiah municipal code section 1522 this report is being submitted to inform the City Council of the purchase of one RACO Verbatim autodialer from Jensen Instruments in the amount of $5,899.31. The Autodialer is an essential part of the Water Treatment Plant and the current autodialer is in need of repair. The autodialer company is based in New Orleans and spare parts have become unavailable due to Hurricane Katrina. Several autodialers were examined for ease of programming, availability of parts, expandability, and service. Six Request for Bids were sent out and Jensen Instruments was the only responder. The Verbatim Autodialer met all of the conditions and is capable of being adapted to a cellular phone to eliminate the dependency on "hardwire" phone lines. This item was approved under the current budget and will be funded through account number 820.3908.800.000. RECOMMENDED ACTION: Receive notification of the purchase of a RACO Autodialer from Jensen Instruments for the amount of $5,899.31 plus shipping. ALTERNATIVE COUNCIL POLICY OPTION: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: N/A Ann Burck, Project Engineer Alan Jamison, Water Treatment Plant Supervisor Candace Horsley, City Manager APPROVE~~ Candace Horsley, City ~x~anager AGENDA SUMMARY REPORT ITEM NO. 7f DATE: Au.qust 16~ 2006 SUBJECT: NOTIFICATION OF THE PURCHASE OF TWO CHESSELL MODEL 392 CHART RECORDERS FROM MANCO FOR THE AMOUNT OF $6,185.20 Pursuant to the City of Ukiah municipal code section 1522 this report is being submitted to inform the City Council of the purchase of two Chessell 4-pen chart recorders, model # 392-4- 1-3333, from MANCO in Napa, CA in the amount of $6,185.20. The Chessell recorder was selected because of continuity throughout the system, ease of programming, reduction of spare parts, and convenience of service. The purchase was necessary due to new groundwater rules promulgated by the USEPA requiring the monitoring and recording of disinfection residuals at groundwater sources. By purchasing the Chessell 4-pen recorder, Water Treatment Plant staff will be able to monitor more than just disinfection residuals, such as pH, flow, groundwater levels, or any new regulation that might occur without any additional recording device. This purchase was budgeted within the current budget and is funded in account number 820.3908.800.000. RECOMMENDED ACTION: Receive notification of the purchase of two Chessell model 392 chad recorders in the amount of $6,185.20. ALTERNATIVE COUNCIL POLICY OPTION: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: N/A Ann Burck, Project Engineer Alan Jamison, Water Treatment Plant Supervisor Candace Horsley, City Manager A PPROVED:~~/~ Candace Horsley, City rv~nager AGENDA SUMMARY REPORT ITEM NO. 7.q DATE: Au.qust 16, 2006 SUBJECT: NOTIFICATION TO THE COUNCIL CONCERNING THE PURCHASE OF ONE CHEMTRAC STREAMING CURRENT MONITOR MODEL SCM2500XRD FROM VINEYARD SALES FOR THE AMOUNT OF $6,195.63 PLUS SHIPPING Pursuant to the City of Ukiah Municipal Code Section 1522 this report is being submitted to inform the Council of the purchase of one Chemtrac Streaming Current Monitor model SCM2500XRD from Vineyard Sales for the amount of $6,195.63 plus shipping. The Streaming Current Monitor is an instrument that determines the net zeta potential, or surface charge, of the suspended particles in the water and adjusts the coagulant dosage accordingly. This is an essential piece of equipment in the treatment process and the existing Chemtrac monitor has been repaired many times and is need of replacement. The Chemtrac model to be purchased is a direct replacement for the existing unit to be compatible with the existing WTP process and laboratory instruments. Vineyard Sales is the Northern California Distributor for Chemtrac. This price reflects a substantial rebate on the return of the existing unit to the factory. This item is budgeted and funds are available under account number 820.3908.800.000. RECOMMENDED ACTION: Receive notification of the purchase of a Chemtrac Streaming Current Monitor from Vineyard Sales for the amount of $6,195.63 plus shipping. ALTERNATIVE COUNCIL POLICY OPTION: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: N/A Ann Burck, Project Engineer Alan Jamison, Water Treatment Plant Supervisor Candace Horsley, City Manager APPROVED:~~'~ Candace Horsley, City IV~nager ITEM NO. 7h DATE: Au.qust 16, 2006 AGENDA SUMMARY REPORT SUBJECT: AUTHORIZATION TO ACCEPT PROPOSAL FOR DEPARTMENT HEAD CLASSIFICATION & COMPENSATION STUDY IN THE AMOUNT OF $10,750 Upon ratification of the 2005-2006 Memorandum of Understanding on December 21,2005, the City agreed to provide a Classification and Compensation study for all Department Head positions, to be completed by a qualified third-party entity, within one year. The City recently sent out a Request for Proposal to five recommended labor consulting firms who specialize in public sector classification and compensation studies. Three (3) proposals were received by the deadline date of August 1,2006 as follows: Koff & Associates $16,795 CPS Human Resource Services $13,300 L.B. Hayhurst & Associates $10,750 Upon review and comparison of the three proposals, City staff recommends approval of the lowest proposal submitted, L.B. Hayhurst & Associates, in the amount of $10,750. Although the scope of work outlined in all three proposals is similar, this labor and consulting firm is located in Novato, which greatly decreases the amount of travel expense and time required to complete the project, compared to the other two firms. This firm was established in 1992 and has over 20 years of public sector management and human resource experience. They have completed over 200 public agency classification and compensation studies, including the Cities of Cloverdale and Cotati. This study was approved as part of the fiscal year 2006-07 budget, Account number 100-1601-250- 000. Staff recommends approval to accept the proposal from L.B. Hayhurst & Associates for a Department Head Classification and Compensation Study in the amount of $10,750. The Consultant is prepared to begin the survey immediately upon approval by the City. RECOMMENDED ACTION: Authorize Staff to accept the proposal from L.B. Hayhurst & Associates for a Department Head Classification and Compensation Study in the amount of $10,750. ALTERNATIVE COUNCIL RECOMMENDATIONS: 1. Do not authorize Staff to accept the proposal from L.B. Hayhurst & Associates. 2. Refer back to Staff for additional information. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Melody Harris, Personnel Director Candace Horsley, City Manager 1. Proposal from L.B. Hayhurst & Associates, Inc. dated 7/27/06 Candace Horsley, City rvl~nager L.B. HAYHURST & ASSOCIATES / July 27, 2006 Candace Horsley City Manager City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Dear Ms. Horsley: Thank you for the invitation to submit this information for the study that the City is pre- paring to initiate. I believe that as you review our proposal you will find our work plan responsive to the needs of the City and reflective of your and our high expectations for quality services. This letter is to assist you in understanding the unparalleled quality of service and experi- ence we will bring to your study. Our Project Manager is not just a theorist who has been able to walk away after performing a study. He is an experienced public sector profes- sional who has worked through the issues you are facing, and then managed the final out- come with staff in his own agency. Our approach to this study will be one of open communication. No study can be imple- mented unless it is successful and no study can be successful unless everyone has input and an understanding of what is to be accomplished. We want comments and questions and we listen, for that is the only way to produce the best final product. Studies of this type are essential to the healthy maintenance of an organization and we take them very seriously because we know that they impact the City's most important asset; its people. Again, thank you for the opportunity to submit this proposal. We look forward to the possibility of working with you and the City. S~cerely, C~ol~ Hayhurst Vice President Attachment: CFds Proposal to Provide Professional Services. 415.884 0544 Rho,~ 415'884-0533 Rax · 27 COMMERCIAL BLVD. · SUITE C · NOVATO, CALIFORNIA 94949 Re World TABLE OF CONTENTS Executive Summary 1 Introduction Identification & Services The Project 3 Scope of Service (Study Process) Phase I - Project Initiation Phase 1I - Classification Phase m- Compensation Estimated Project Timing 4 5 6 8 10 Personnel and Roles Working Relationships Consultant Staffing Biographies 11 11 11 12 References 14 Cost Proposal 15 ClassAndComp.com 16 EXECUTIVE SUMMARY L.B. HAYHURST & ASSOCIATES is pleased to have this opportunity to work with the City of Ukiah on this very important project on behalf of the employees and the or- ganization. As a firm, we have recently conducted numerous organizational, classifica- tion and compensation studies for a variety of agencies. As managers, the individuals assigned to this project have hands-on experience dealing with organizational, classifica- tion and compensation issues for agencies of all sizes. We are eager to assist the City of Ukiah in this endeavor. The purpose of this section of the proposal is to highlight and summarize the services that we will provide to the City for this project and to introduce you to our firm. A more ex- planatory description of our services can be found in the body of this "Proposal to Pro- vide Professional Services." THE FIRM Key to the success of any classification and compensation project is the experience of the individuals who will be performing the work and conducting the analysis. Consistent with this, L.B. HAYHURST & ASSOCIATES is comprised management and human re- source professionals who have held executive and management positions in the private and public sectors. As a firm we are confident that our unique structure, which allows us to take advantage of local government's brightest and most experienced practitioners will ensure project success in all of the firm's service areas. Full biographies for assigned pro- ject staff are included in this proposal. IDENTIFICATION & SERVICES Our firm is a California Corporation located in Novato, California. Since beginning op- eration in 1992, we have completed numerous organization, classification, compensation and other studies for public agencies. Our client list outlines over 200 human resources projects we have successfully completed, and is available upon request. In addition to classification and compensation studies, our firm provides a full array of other management and human resources consulting services. L.B. HAYHURST & ASSOCIATES, INC. 27 Commercial Blvd., Suite C - Novato, CA 94949 - Phone: 415.884.0544 - Fax: 415.884.0533 SCOPE OF SERVICE Briefly outlined, our scope of services will include: Review of background materials including current class specifications and ex- isting compensation plan. · Initial meetings and briefings. · PositionDescriptionQuestionnairesforemployeestocomplete. · Employee interviews and job analysis. Prepare or revise up-to-date, clearly defined classification specifications. · Present a draft classification report and class specifications. · Incorporate an employee review process for review of recommended classifi- cation specifications. · Present afinal classification report and class specifications. · Conduct a salary survey of the identified labor market. Develop externally competitive and internally equitable salary recommenda- tions for each classification included within the scope of the study. · Present a report ofourfinding and recommendations, in draft andfinal. NOTE: · This proposal is valid for 90 calendar days from the date submitted. Respectfully s~b ,~j. tted, Carolyn Hayhurst Vice President July 27, 2006 L.B. HAYHURST & ASSOCIATES, INC. 27 Commercial Blvd., Suite C - Novato, CA 94949 - Phone: 415.884.0544 - Fax: 415.884.0533 2 INTRODUCTION This section of our proposal will touch on our firm's identification and history and high- light the different types of service that our firm is qualified to perform. IDENTIFICATION & SERVICES L.B. HAYHURST & ASSOCIATES, Inc. Address: 27 Commercial Blvd., Suite C - Novato, CA 94949 Phone: (415) 884-0544-Fax: (415) 884-0533 Web pages: www.human-resource.com & www.classandcomp.com This firm is a California Corporation. The Corporate Officers are: Lonnie B. Hayhurst, President and CEO - Email: Lonnie@LBHayhurst.com Carolyn D. Hayhurst, Vice President and CFO - Email: Carolvn@LBHayhurst.com With over 20 years of public sector management and human resource experience, the firm was established by Lonnie B. Hayhurst in 1992. Since beginning full-time operation in 1994, as a firm we have completed numerous projects for public agencies bringing a commitment of excellence and professionalism to our clients. Our client list outlines over 200 human resources projects we have successfully completed, and is available upon request. We are a full service, multi-disciplined consulting firm comprised of twelve management and human resource professionals. These professionals work with the firm as employees or individual subcontractors. As a firm we are confident that our unique structure, which allows us to take advantage of the brightest and most experienced practitioners, will en- sure project success in all of the firm's service areas. Although our services can be tai- lored to meet most of our client's needs, the core of our public sector services revolves around the following disciplines: Executive Search Recruitment/Selection Support Classification Studies Compensation Studies Organizational/Operational Studies Management/Supervisory and Staff Development Training Online Classification and Compensation Data L.B. HAYHURST & ASSOCIATES, INC. 27 Commercial Blvd., Suite C - Novato, CA 94949 - Phone: 415.884.0544 - Fax: 415.884.0533 3 THE PROJECT The City of Ukiah is seeking a consulting firm to conduct a classification and compensation study for the eight Department Head classifications. The City would like to update Depart- ment Head job descriptions to reflect current job duties and responsibilities, evaluate salary levels in relation to internal positions, and to identify and survey other comparable agencies in order to also evaluate salaries in relation to external data. L.B. HAYHURST & ASSOCIATES, INC. is very pleased to have the opportunity to assist the City of Ukiah in its endeavor to update its classification and compensation plans. We are prepared to commence efforts immediately upon notification of contract award. SCOPE OF SERVICE (STUDY PROCESS) NOTE: L. B. HAYHURST & ASSOCIATES uses recognized and defensible principles of job evaluation in conducting its classification studies. The method used for evaluation of positions within the City of Ukiah will focus on the whole job approach and will pay particular attention to identifying the "essential du- ties'' of each classification. This approach will identify the work performed by each position, the frequency of performing the duties, the time spent on each duty and the essential nature of the duty. We believe that the best and most ac- curate job evaluations are done by placing positions into job groupings and evaluating the difference in levels of responsibility within those groupings. All City personnel will see that our consultants embody the firm's corporate culture and ex- pectations. Such expectations include: · Personal approach at all levels · Listen, listen and listen some more · Responsive to employee issues and concerns This section of our proposal will highlight the study process that we will use with the City of Ukiah. Carefully integrated with the study process are our proven and effective methodolo- gies. Reflective of the City's need for responsive classification and compensation recom- mendations that identify and address key employee issues, L.B. HAYHURST & ASSOCIATES is prepared to conduct the following tasks. These tasks are organ/zed into the following phases: · Project Initiation Phase · Classification Phase · Compensation Phase L.B. HAYHURST & ASSOCIATES, INC. 4 27 Commercial Blvd., Suite C - Novato, CA 94949 - Phone: 415.884.0544 - Fax: 415.884.0533 PHASE I - PRO,IECT INITIATION The intent of this initial phase of the study is to gather necessary documents and informa- tion; to introduce all parties involved in the study; and to reach a consensus as to the work schedule, additional tasks to be completed if any, and project timing. Task I DATA GATHERING Immediately upon notification of the contract, Project Consultants from our firm will ini- tiate telephone contact with representatives from the City in an effort to gather all perti- nent background information before the commencement of meetings. (Task 2) INITIAL STUrDy OF THE ORGANIZATION SAVES TIME: Our Project Manager will immediately seek to gain a full understanding of the project for the City of Ukiah and will subsequently coach the project team into a full understanding, including history, study goals and objectives. In order to do this the Project Manager will request from the City all pertinent information regarding the organization. This task typically involves the request for organization charts, class plan, current job specifications, salary and benefit plans, previous organizational, classification and/or compensation plans and City budget. Additional documents may be requested, as necessary. Task 2 INITIAL PROJECT MEETINGS Representatives of L. B. HAYHURST & ASSOCIATES will meet with City officials to dis- cuss issues and concerns involved in the study and to modify approaches and/or method- ologies appropriately. UNDERSTANDING THE DESIRED APPROACH: The City of Ukiah has decided to have this study conducted for the good of its employees and the organization as a whole. Through initial project meetings with representatives from the City, we will seek to thor- oughly identify issues and concerns regarding the study prior to moving forward with subsequent tasks. In tandem with the City, we will modify our documents as necessary to best reflect the goals of the study. Further, we will work with all parties concerned to es- tablish workable time frames for each phase/task of the study. Our goal is to provide a finished product that is understood and accepted by everyone. Task 3 POSITION DESCRIPTION QUESTIONNAIRE All employees covered within the scope of this study will receive a detailed questionnaire regarding the duties and responsibilities of their position. L.B. HAYHURST & ASSOCIATES, INC. 27 Commercial Blvd., Suite C - Novato, CA 94949 - Phone: 415.884.0544 - Fax: 415.884.0533 ASK THE PEOPLE PERFORMING THE JOB: A Position Description Question- naire (PDQ) will be presented to all employees covered under the scope of this study. We believe this document is necessary for our staff to be able to gather as much information regarding each position as possible. The questionnaire is geared to not only learn of the broad duties and responsibilities, but also the working environment within which the po- sition functions and the physical requirements of the position. The Americans with Dis- abilities Act requires the identification of the essential duties of the job. We believe that employees and managers are the experts in their position, thus we rely on them to supply this information. Where appropriate, employees may be asked to supply examples of forms or work products to help us form a better understanding of what they do. The Position Description Questionnaire also includes a section for City Manager review. The section clearly states that no changes should be made to the employee comments, but also allows the City Manager to give comments and clarify where there are disagree- ments. We have found that many times employees may forget to add things the supervi- sor feels are important. This is the time for everyone to reach some understanding of the position's expectations. PHASE II - CLASSIFICATION Task 1 PDQ ANALYSIS & INTERVIEW PREPARATION The Position Description Questionnaire serves as the foundation of all succeeding steps in the classification phase. THOROUGHLY REVIEW EMPLOYEE INPUT. Upon completion of the Position Description Questionnaires, City representatives will forward all questionnaires to L.B. HAYHLrRST & ASSOCIATES. Immediately upon receipt, the consultants will begin to prepare for their interviews by analyzing each questionnaire. They will begin to form ideas regarding structure, the duties assigned to each class and the knowledge, skills and abilities required of each position, scope and breath of responsibility. They will also out- line concerns and issues that they have regarding each of the classifications and will at- tempt to resolve these issues during the employee interview process. Task 2 EMPLOYEE INTERVIEWS To assure that job descriptions are updated accurately, meetings will be held with em- ployees to discuss their questionnaires and identify specific tasks and essential elements of their positions. L.B. HAYHURST & ASSOCIATES, INC. 27 Commercial Blvd., Suite C - Novato, CA 94949 - Phone: 415.884.0544 - Fax: 415.884.0533 LISTEN TO THE EMPLOYEES: Our experience shows that talking directly to em- ployees in various work locations adds a great deal of information to the written docu- ments that the employee provides. Concerns often arise during face-to-face interviews that point out classification issues we might not otherwise have identified. For this rea- son we will interview all employees covered within the scope of this study, if possible. When an interview schedule is to be developed, the Project Manager will contact City representatives so that they may schedule and coordinate interview locations and times and provide any additional information which may be needed. We are flexible with inter- view times and locations to accommodate different shifts. Task 3 REVISED CLASS SPECS WRITTEN We will revise classification specifications to reflect the essential duties of the position to assure compliance with the requirements of the Americans with Disabilities Act (ADA). CLEARLY WRITTEN CLASS SPECIFICATIONS HELP EVERY-ONE: Our team will bring many years of experience in the field of Human Resources to your study. Our consultants will not only be responsible for researching and interviewing particular classi- fications, but will also assume responsibility for writing a new or revised class specifica- tion for the class. In other words, the consultant who conducts the interview will also as- sume responsibility for writing or reviewing the new/revised class specifications. Task 4 DRAFT REPORT AND CLASS SPECS PRESENTED Upon the initial formulation of the revised class specifications, the Project Manager will present drafts to the City. This is a critical task in the process that requires the assis- tance and input of the City. We expect the City to approve or make changes to the draft concepts. OPEN COMMUNICATION IS KEY: Building upon the strong working relationships formed at the start of the study, it is imperative that the City work with us during this task. L.B. HAYHURST & ASSOCIATES strives to work with all parties involved in the study. This task is no different. As a firm, we rely on input from everyone, and work with our clients, not on our own, to resolve their issues. That is why continuous tele- phone, written, and personal contact will be maintained throughout the course of the study, not just at the start and at the end. Task 5 EMPLOYEE REVIEW PROCESS Employees will be notified of the preliminary revised classification specifications and given the opportunity to provide additional information and comment. L.B. HAYHURST & ASSOCIATES, INC. 27 Commercial Blvd., Suite C - Novato, CA 94949 - Phone: 415.884.0544 - Fax: 415.884.0533 7 WE DON'T WANT TO MISS ANYTHING: We have found that one of the primary masons classification and compensation studies fail or cause undue hardship is because individuals feel that they have been left out and have not had a fair opportunity to provide input. It is easier, we believe, to have comments made on the preliminary findings and revised class specifications as early as possible so that discussion can be held to work through people's concerns. We want comments. That is the way we produce the best final product. With that in mind we will provide the Department Heads with copies of their draft class specifications and provide them with an opportunity to give us additional in- formation about their position. Employees will have the option of approving their speci- fications if them are no changes, or explaining any concerns they have regarding their al- location or the content of the class specification. Upon receipt of the employee com- ments, the consultants will review the new information and make changes to the class specifications and class allocations, as appropriate. Task 6 FINAL REPORT A final report will be prepared. We will provide a revised classification specification for ail employees included within the scope of the study with full explanation as to rational for any recommended changes. THE FINAL REPORT: When the final report is issued its content should not be a sur- prise to anyone because we plan to share information in the manner indicated. PHASE III - COMPENSATION Task 1 DEVELOPMENT OF COMPARISONS After reviewing the City's unique characteristics and working closely with the City, we will develop a labor market comparison survey. COMPARISONS: We wilt conduct a comparison survey that will identify key charac- teristics about similar agencies that make them a particularly appropriate labor market match for the City of Ukiah. Task 2 SURVEY PA CKET When classification issues have been resolved, a survey will be finalized to gather infor- mation on the comparable agencies' salaries. The survey will be conducted in compli- ance with any requirements of the City of Ukiah. L.B. HAYHURST & ASSOCIATES, INC. 27 Commercial Blvd., Suite C - Novato, CA 94949 - Phone: 415.884.0544 - Fax: 415.884.0533 8 REAL WORLD EXPERIENCE HELPS HERE, TOO: We will write, phone, visit, and/or research the intemet for information on comparable agencies' classes and compen- sation. Information requested generally includes salary schedules, organization charts and class specifications. Members of our team have worked closely with human resources professionals in many agencies and will have a better chance of getting accurate, up-to- date information than someone who is not familiar with the process. The format of how this information will be presented will be confirmed in order to ensure usable informa- tion. Task 3 ANALYSIS OF SALARY INFORMATION Upon receiving information from the survey agencies, our team of consultants will thor- oughly and carefully analyze the information to ensure that we have accurate matches. This generally requires many follow-up phone calls and requests for additional informa- tion. MATCH "APPLES TO APPLES": It is critical to the City that we use only accurate and up-to-date information from the labor market when we compare City compensation levels. Relying on our understanding of the City's classifications (which is thorough, based on the classification phase of the study) we will be able to ensure accurate and de- fensible labor market matches. We match duties, knowledge, skills and abilities, level, scope and breadth of responsibilities; not just job titles. Task 4 RECOMMENDATIONS A detailed report will be prepared for the City outlining responsive, externally competi- tive and internally equitable salary recommendations for each classification included within the scope of the study. We will present the report in draft to allow for review and further research, if necessary. After review by the City we will present the final report. We will also be available for formal presentation of the report to the City, if desired. THOROUGH AND COMPLETE: The report of our findings and recommendations will be thorough and complete. We will analyze information from the City's comparable agencies, including an analysis of benefit costs, as well as an analysis of internal relation- ships. It will take all appropriate factors into consideration before the formulation and distribution of the report to the City. During any compensation survey, a situation may arise where not enough appropriate comparable classes are found to provide a statistically viable labor market finding. In these situations, we employ several steps to establish recommended compensation levels. First, we review the compensation levels of similar classes within the organization (e.g., similar levels of licensing, similar levels of program complexity, levels of supervision ex- ercised and received, etc.) to assist in alignment. Secondly, we review internal alignment as related to compensation received by those classes that report to the class under study. It is important that there are appropriate vertical differentials to avoid issues of salary compaction. L.B. HAYHURST & ASSOCIATES, INC. 27 Conunercial Blvd., Suite C - Novato, CA 94949 - Phone: 415.884.0544 - Fax: 415.884.0533 ESTIMATED PROJECT TIMING Although we are flexible in project timing to meet established deadlines, our proposed timing of all tasks listed in the Study Process section of this proposal follows. It is impor- tant to allow enough time so that all parties feel they have been given the opportunity for adequate input and to work through all concerns. It is also important to allow enough time during the compensation phase for adequate analysis of the comparability of classes. (We match duties and responsibilities, knowledge, skill, abilities, and reporting relation- ships - not just job titles.) PHASE I - Pro{ect Initiation: Task PHASE H- Classification: WEEK # Task 1 Q Task 2 Employee interviews Task 3 Class s~ised Task 4 Drafts presented ~view Task 6 Fin~ presented PHASE III - Compensation: L.B. HAYHURST & ASSOCIATES, INC. 10 27 Commercial Blvd., Suite C - Novato, CA 94949 - Phone: 415.884.0544 - Fax: 415.884.0533 PERSONNEL AND ROLES WORKING RELATIONSHIPS The City is ultimately "in-charge" of this project. It is L.B. HAYHLrRST & ASSOCIATES' mission to listen carefully to the needs of the City and subsequently, to take a personal approach to respond to those needs. Special Notes: · We encourage and appreciate employee involvement. The only City staff or resources we will need are a contact person to schedule and arrange meeting and interview times and locations, and space to hold meetings and interviews. CONSULTANT STAFFING Lonnie Hayhurst, President and Owner of L.B. HAYHURST & ASSOCIATES will be serving as Project Manager for the duration of this study. As project manager, Mr. Hayhurst will be responsible for ensuring that the high standards of the firm are met and will assume full responsibility for project success and timing. He will oversee all com- ponents throughout the duration of the project and will hold quality control responsibility for all work and end products for the project. In essence, what this means is that nothing will leave our office without the prior approval of Mr. Hayhurst. Additionally, as Presi- dent of the firm, Mr. Hayhurst will assume the responsibility of interviewing the Depart- ment Heads and representing the firm at all meetings. Kristin Holden, Assistant Vice President will participate in most phases and tasks of the project. These duties may include, but not necessarily be limited to serving as profes- sional assistant to Mr. Hayhurst. Ms. Holden may also participate in data gathering, class specification revising, employee review process, information gathering, compensation analysis and report preparation. Ms. Holden is an employee of the firm. Biographical resumes for the project team follow. L.B. HAYHURST & ASSOCIATES, INC. 27 Commercial Blvd., Suite C - Novato, CA 94949 - Phone: 415.884.0544 - Fax: 415.884.0533 Lonnie B. Hayhurst Lonnie B. Hayhurst, President Mr. Hayhurst is President and owner of a management and human resource-consulting firm that has been providing a variety of consulting services to public agencies and pri- vate businesses since 1992. The firm has a group of associates and employees to serve clients with such issues as management audits, organizational analysis, executive search, training, management coaching, classification and compensation studies, principled-based problem solving and much more. From 1989 to 1994, Mr. Hayhurst served as Deputy County Administrator, Human Re- sources for Matin County, California where he administered the Human Resource system for the County's 1860 employees including Recruitment, Testing, Classification and Pay, Benefits Administration, Labor Relations, Affirmative Action, V. olunteer Program, Coun- tywide Training and Development. Additionally, Mr. Hayhurst managed an Executive Search pilot project in which the County increased revenues and improved City/County relationships by providing executive search services to surrounding municipalities. Due to his positive influence on the County, when Mr. Hayhurst resigned in June 1994 to con- sult full-time, the County Administrator and the Board of Supervisors offered him a con- tract to serve as Chief Negotiator for all 16-labor contracts for the upcoming fiscal year. From 1984 to 1989, Mr. Hayhurst was with the City of Fresno, California where he served as Division Head responsible for Recruitment, Selection, Records Management, Affirmative Action, Classification, Salary Administration, Workers' Compensation, UIB, and Safety services for the City's 2,700 employees. From 1977 to 1984, Mr. Hayhurst was with Fresno County where he served as Division Head responsible for Recruitment, Selection, Records Management, Affirmative Action, and Countywide Training to provide services to the County's workforce of 5,500 employ- ees. Mr. Hayhurst has a history of opening communication lines, encouraging input from em- ployees, management and community groups and facilitating understanding and agree- ment. He has successfully chaired many joint committees over the course of his career. Mr. Hayhurst holds a Bachelor's Degree in Political Science and has completed graduate studies in Public Administration from California State University, Fresno. He has been the President of the Industrial Relations Research Association of Central California, President of the American Society for Public Administration of Central California, and a member of the Board of Directors for the International Personnel Management Associa- tion of Northern California. Mr. Hayhurst is a current member of the International Per- sonnel Management Association and their Western Region chapter. L.B. HAYHURST & ASSOCIATES, INC. 12 27 Commercial Blvd., Suite C - Novato, CA 94949 - Phone: 415.884.0544 - Fax: 415.884.0533 Kristin L. Holden Kristin L. Holden - Assistant Vice President Ms. Holden's work with the firm encompasses the full spectrum of human resources con- suiting. Since joining the firm six years ago, she has assisted with or conducted a variety of personnel-related assignments, including classification and compensation studies for a wide spectrum of public agencies, including Fairfield-Suisun Sewer District, Fresno Housing Authority, Novato Sanitary District, Metropolitan Transportation Commission, Port of Oakland, Santa Clara Valley Water District, and the cities of Adelanto, Avalon, Cloverdale, Cotati, Covina, Fort Bragg, Grover Beach, Half Moon Bay, Hemet, Hercules, King City, Lathrop, Lincoln, Santa Cruz, St. Helena, Whittier, Yucaipa, and many others; organization studies for the Metropolitan Transportation Commission, Port of Oakland, and King City; and numerous executive search, testing and selection services for a variety of positions and agencies. In classification studies, Ms. Holden has responsibility for providing orientation sessions with employees, conducting group and individual interviews, making recommendations to classification plans and structures, performing job analysis, and drafting of comprehen- sive class specifications. Her compensation related consulting responsibilities include analysis and making recommendation as to labor markets, collection and analysis of ex- temal base salary and total compensation data, and determining salary and total compen- sation recommendations. In addition, Ms. Holden provides assistance with data gathering and analysis, technical report writing, and documentation of systems and procedures. Prior to joining the finn, Ms. Holden had experience dealing with conflict mediation, staff development and training, research and counseling through her employment with Highland Ridge Hospital, Valley Mental Health and Kids Together. Ms. Holden is qualified to administer and interpret personality-profiling instruments in- cluding Myers-Briggs. Ms. Holden graduated from the University of Utah with a Bachelor of Science degree in Psychology and has earned her MBA from Sonoma State University. She has been ac- tively involved with community programs such as the YWCA, Neighborhood Clean Up, and The Battered Women's Shelter. Ms. Holden is a current member of the Northern California Chapter of the International Public Management Association for Human Re- sources and the Northern California Personnel Testing Council. L.B. HAYHURST & ASSOCIATES, INC. 13 27 Commercial Blvd., Suite C - Novato, CA 94949 - Phone: 415.884.0544 - Fax: 415.884.0533 REFERENCES L.B. HAYHURST & ASSOCIATES has conducted numerous classification and compen- sation studies. Below are representative samples of such studies. Contact: Para Carder, City Manager Phone: (209) 858-2860 Or: Yvonne Quiring, Assistant City Manager Phone: (209) 858-2860 Nature of the Reference: Citywide classification and compensation studies, including management posi- tions. Many additional references and client list that outlines over 200 successfully completed projects are available upon request. L.B. HAYHURST & ASSOCIATES, INC. 14 27 Commercial Blvd., Suite C - Novato, CA 94949 - Phone: 415.884.0544 - Fax: 415.884.0533 COST PROPOSAL PROFESSIONAL FEES: The preferred payment schedule is at the following points: Invoice #1 Upon signing of contract $3,000 Invoice #2 Upon delivery of draft report $3,500 Invoice #3 Upon delivery of final report $3,500 Total Professional Fee $10,000 EXPENSES: In addition, we will require reimbursement for project related expenses, which will be itemized and invoiced with copies of receipts and documentation. Expenses will not ex- ceed $750 without prior approval of the City, and will include costs for materials, miscel- laneous, reproduction/binding, postage/delivery, long distance telephone, and consultant mileage. TOTAL COST.'. Total of fees and expenses will not exceed $10,750.00 without prior approval of the City. NOTE: Our projects am bid on a fixed fee basis. For additional services or for services outside the scope of this proposal, the following hourly rates apply. These rates are inclusive of all salaries, benefits, administrative overhead, and company profit. Travel time is calcu- lated at one-half the hourly rate. President (Hayhurst) Sr. Associate (Holden) Clerical $160/hr. $80/hr. $40/hr. L.B. HAYHURST & ASSOCIATES, INC. 15 27 Commercial Blvd., Suite C - Novato, CA 94949 - Phone: 415.884.0544 - Fax: 415.884.0533 w w. ClassAndComp. com ONLINE CLASSIFICATION AND COMPENSATION DATA ClassAndCompocom is a division of L.B. Hayhurst & Associates, Inc. This web- based service is a tool public agencies use to share their classification and compensation information with others online at a consolidated compensation website: www.classandcomp.com The goals of the service are to free staff time associated with compensation studies, both those you respond to and those you perform, and to provide an easy-to-access, intemet database of classification and compensation data for public agencies. Save staff time! Your agency's job descriptions, salary and benefit data are hosted online and included in a centralized clearinghouse of public agency classi- fication and compensation data - never respond to compensation surveys again! (Benefits, benefit costs, and MOUs are displayed along with salaries and job de- scriptions.). Convenience! Easily gather compensation data on other member agencies, plus there is a built-in, online "total comp" survey tool - conduct surveys online! (Non-member data can also be included in your online survey.) Improve customer service! Display your job descriptions, salary and benefit data on your agency website. A simple link is available for no additional fee - be re- sponsive to those wanting your information! (This link bypasses the login proc- ess and links only to your agency's data.) Special Note: As a Classification and Compensation Study client of L.B. Hayhurst & Associates, Inc., we will waive the set-up fee - normally $1,750 for your size agency. The City would pay only the annual maintenance fee of $950. Log on to www.classandcomp.com. Access to data is unrestricted and free of charge to everyone! L.B. HAYHURST & ASSOCIATES, INC. 16 27 Commercial Blvd., Suite C - Novato, CA 94949 - Phone: 415.884.0544 - Fax: 415.884.0533 AGENDA SUMMARY REPORT ITEM NO. 7i DATE: Au.qust 16, 2006 SUBJECT: NOTIFICATION TO THE COUNCIL CONCERNING THE EMERGENCY REPAIR OF THE GENERATOR UNIT AT THE WATER TREATMENT PLANT BY CUMMINS-WEST FOR $5,334.34 Pursuant to the City of Ukiah Municipal Code Section 1522 this report is being submitted to inform the Council of the emergency repair of the standby generator at the Water Treatment Plant (WTP). The generator is included in our "Permit to Operate" issued by the California Department of Health Services and is a necessary part of our operation providing back up power during a utility power failure. During a recent power outage, the generator failed to start due to a bad circuit board. This was an unforeseen failure as the generator is maintained and serviced on a regular basis. Cummins-West was contacted for the emergency repair. They determined that both the battery charger and the system circuit board needed to be replaced. Staff issued an emergency purchase requisition to Cummins-West to repair the generator in the amount of $5,334.34. Funds were used from account number 820.3908.302.003 for the emergency repair of the WTP standby generator. RECOMMENDED ACTION: Receive notification of the emergency repairs on the standby generator at the Water Treatment plant by Cummins-West in the amount of $5,334.34. ALTERNATIVE COUNCIL POLICY OPTION: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: N/A Ann Burck, Project Engineer Alan Jamison, Water Treatment Plant Supervisor Candace Horsley, City Manager Candace H~'rsiey, City Mana~ ITEM NO. 7i DATE: August 16, 2006 AGENDA SUMMARY REPORT SUBJECT: AWARD OF BID TO LAKE COUNTY ELECTRIC SUPPLY FOR THE PURCHASE OF LIGHT FIXTURES FOR THE RENOVATION OF THE LIGHTING SYSTEMS FOR FIELDS I AND 2 AT THE UKIAH SPORTS COMPLEX IN THE AMOUNT OF $38,732.25 The lighting systems on Fields 1 and 2 at the Ukiah Sports Complex are aged and inadequate for continued night play. Council approved funding for this renovation in the current fiscal year budget. The renovation project will include replacing the single phase lighting systems on the two older fields with a more energy efficient three phase system with a lumens output equivalent to the new system on Field 3. Grant money provided funding for the recent lighting project on Field 3 and put in place infrastructure that contributes towards upgrading Fields 1 & 2. In accordance with City of Ukiah purchasing policies, the City's Purchasing Agent issued a request for bid to all known sport field lighting suppliers. Requests were sent to 5 vendors. Continued on Page 2 RECOMMENDED ACTION: Award bid to Lake County Electric Supply for the purchase of sport field light fixtures in the amount of $38,732.25. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine the purchase of sport field light fixtures for softball fields 1 & 2 at the Ukiah Softball Complex 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: Attachments: N/A N/A Maya Simerson, Community Services Supervisor Candace Horsley, City Manager, Sage Sangiacomo, Community Services Director and Mary Horger, Purchasing Agent N/A APPROVED: i ~'~. Candace Horsley, City ~nager Three companies responded to the request for bids by the April 13 deadline. Refer to the following table for a complete summary of bids. Company Lake County Electric Supply G.E. Supply CO. Graybar Total Bid Amount $38,732.25 $39,328.75 $44,559.88 The request for bids indicated that quotes would be evaluated on the following factors: 1. Quality and reliability of product. 2. Terms and conditions of warranties. 3. Availability of service, parts, and part vendors. 4. Ease of product installation. 5. Ease of maintenance. 6. Value, defined as degree to which the product meets or exceeds the requirements as cited in this specification. Upon a full comparison of the lighting systems, staffis recommending award of bid to Lake County Electric and Supply with the lowest bid at $38,732.25. The fixture will be compatible with those recently installed on Field 3 since Lake County Electric and Supply was the supplier for that project. In addition, they have an office in Ukiah and would be available to respond with ease to installation and warranty issues. The immediate availability of onsite technical assistant is extremely important since City staff will be installing the lights. The cost of the light fixtures in the amount of $38,732.25 will be charged to the 140.6050.800.004 account (Ukiah Sport Complex Renovation). AGENDA SUMMARY REPORT ITEM NO. 7k DATE: August 16, 006 SUBJECT: APPROVE 2005 WASTE GENERATION STUDY FOR THE CITY OF UKIAH TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD ON PROGRESS IN REDUCING SOLID WASTE AND CREATING A NEW BASE YEAR STUDY FOR 2005 SUMMARY: Submitted for the City Council's review and approval is the 2005 waste generation study for the City of Ukiah. Mendocino Solid Waste Management Authority (MSWMA), performed this study pursuant to the rules of the California Integrated Waste Management Board (CIWMB), in order to more accurately determine the City's recycling rate. The study establishes a new "base year" and estimates a recycling rate of 45%, a substantial improvement over the 27% for 2004 calculated under the previous base year of 1997. However, the previous rates for the City were also at 45% under the 1997 base year. The State formulas are complex but looking at total tonnage of the City's waste stream versus the amount of recyclable material, we are above the 50% diversion rate according to Waste Systems landfill and recycling statistics. This report is submitted each year to CIWMB as required by AB 939. MSWMA staff is making progress with multifamily units and businesses to provide education and inspections based on recyclables that show up in their trash. Also, a construction and demolition recycling ordinance now in preparation will ensure diversion from larger projects. These efforts will start to be reflected in the recycling rates of 2006 and the following years. Mike Sweeney, MSWMA Manager also recommends a county wide program that institutes an incentive rate for self-haul recycling. These incentive rates would have to be approved by the City Council and the transfer station operator. This new waste generation study must be submitted by the City to CIWMB under the signature of the City Manager. A similar report is submitted each year to CIWMB as required by AB 939. RECOMMENDED ACTION: Approve the annual report and authorize submittal of this report to the CIWMB. ALTERNATIVE COUNCIL POLICY OPTION: Not approve the report and direct staff to revise the report and return to the Council for review at a future date. Requested by: Tim Eriksen, Director of Public Works and City Engineer Prepared by: Tim Eriksen, Director of Public Works and City Engineer Coordinated with: Candace Horsley, City Manager Attachments: 1 - Base Year 2005 Executive Study APPROVED:' Canda-'b~ H~rsley, City Man~er S:\Goodrick, Sue~August 16 regular Agenda~20060816 Waste generation study 2005.doc A'rfACHMENT N v- N ITEM NO. 71 DATE: Auqust 16, 2006 AGENDA SUMMARY REPORT SUBJECT: AWARD OF BID FOR THE PURCHASE OF THREE TOYOTA PRIUS HYBRID VEHICLES AND ONE TOYOTA CAMRY HYBRID VEHICLE FROM HANSEL TOYOTA IN THE AMOUNT OF $107,812.19 AND APPROVE BUDGET AMENDMENT IN THE AMOUNT OF $7,812.19 In May, Nissan notified the City that it was cancelling the electric hypermini test program and would be recalling the vehicles from the City. Upon concluding their research, Nissan declined the City's request to retain the vehicles despite the City's offer to release Nissan from any service obligations. The vehicles were utilized primarily by the meter readers and parking enforcement staff. As discussed with Council during the budget sessions, Staff researched several vehicles and has determined that compact hybrid vehicles are the best replacement option for the meter readers. Hybrid technology is well tested and most of the major vehicle manufactures offer multiple year warranties unlike the pure electric vehicles on the market which have extremely limited warranties. In addition to utilizing hybrid vehicles for the meter readers, staff is recommending replacing three of the City's general use vehicles with two new hybrid vehicles, as identified in the current fiscal budget. The three general use vehicles recommended for replacement include the 1992 Buick Skylark, 1993 Ford Taurus, and 1995 Oldsmobile Cutlass. Replacement vehicles for parking enforcement staff are still being researched. Continued on Page 2 RECOMMENDED ACTION: Award bid for the purchase of three Toyota Prius hybrid vehicles and one Toyota Camry hybrid vehicle to Hansel Toyota in the amount of $107,812.19 and approve a budget amendment in the amount of $7,812.19. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject bid and remand to staff with direction. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Sage Sangiacomo, Community/General Services Director Candace Horsley, City Manager and Mary Horger, Purchasing Agent N/A APPROVED: Candace Horsley, City Manag~ In accordance with City of Ukiah purchasing policies, the Purchasing Agent sent out a request for bid to all 13 vendors on the City's qualified bidders list which included local vendors. The bid request was for three compact hybrid vehicles and one midsize hybrid vehicle. Two of the compact vehicles will be utilized by the meter readers, and one compact and one midsize vehicle will be utilized for general City wide use. Hansel Toyota of Petaluma was the only company to return a quote by the August 7th deadline. Hansel Toyota was the Iow bidder for the recent purchase of a Toyota Prius in June 2006 for the City's Public Utility Department. The total bid amount for the four vehicles is $107,812.19. For this purchase, Council will need to approve a budget amendment of $7,812.19 to the Electric Utility Public Benefit account (806.3765.800.000) to supplement the $100,000 approved in this year's fiscal budget. As Council is aware, the City is allowed to utilize these funds to demonstrate the benefits of energy efficient technologies. ITEM NO. 7m DATE: August 16, 2006 AGENDA SUMMARY REPORT SUBJECT: REPORT TO CITY COUNCIL REGARDING THE PURCHASE OF REPLACEMENT BALLASTS AND LAMPS FROM LAKE COUNTY ELECTRIC AND SUPPLY FOR ANTON STADIUM AND OTHER VARIOUS PARK FACILITIES IN THE AMOUNT OF $5,014.98 SUMMARY: Pursuant to the requirements of Section 1522 of the Municipal Code, staff is filing with the City Council this report regarding the purchase of replacement ballasts and lamps from Lake County Electric and Supply for Anton Stadium and other facilities in the amount of $5,014.98. This purchase includes twelve Cooper 1000W ballasts and eighteen Sylvania MH1000W lamps. The purchase was made to replace burnt out light bulbs and failing ballasts. Maintaining the various lighting systems is necessary for the safety of the participants utilizing the facilities for various sporting activities. Lake County Electric and Supply is the only identified regional supplier of the specialized sport lighting ballast which are compatible with our current systems. While there are other sources identified through the internet, Lake County Electric and Supply provides local technical and warranty services that non-regional suppliers would have difficulty delivering. The purchase was budgeted and charged to the 100.6001.690.000 account (Park Supplies). RECOMMENDED ACTION: 1. Receive report regarding the purchase of replacement ballasts and lamps from Lake County Electric and Supply for Anton Stadium and other various park facilities in the amount of $5,014.98. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Sage Sangiacomo, Community/General Services Director and Jake Burgess, Activity/Sports Coordinator Candace Horsley, City Manager and Mary Horger, Purchasing Supervisor N/A CanOe Hor~;ley, City r~anager ITEM NO. 11a DATE: Auqust 16, 2006 AGENDA SUMMARY REPORT SUBIECT: INTRODUCTION OF ORDINANCE AMENDING UKIAH CITY CODE SECTIONS 1521 AND 1522 GOVERNING PROCUREMENT PROCEDURES SUMMARY: Ukiah City Code Section 1521 contains the procedure for soliciting formal bids, when the City is required to use formal bidding and to award the bid to the lowest responsible bidder. It was last revised in 1975 before the City elected to follow the California Uniform Public Construction Cost Accounting Act (Public Contracts Code Sections 22000 et seq.) in 1989. Section 1522 governs open market purchasing and was last revised in 1991. The sections have been revised to bring them up to date and to clarify Section 1522 by attempting to make it simpler. The revised ordinance has been circulated for comment to the City Department Heads and the Purchasing Agent. Attached as Attachment i are sections 1521 and 1522 as they currently read. Attached as Attachment 2 is the proposed ordinance amending them. Section 1521 has been revised to make clear that the procedures it contains are the default procedures, unless there are state laws that require different or additional procedures. The Uniform Public Construction Cost Accounting Act is specified as one example, where state law requires some different and [Continued on page 2] RECOMMENDATION: Introduce ordinance by title only amending Ukiah City Code Sections 1521 and 1522 governing procurement procedures. ALTERNATIVE COUNCIL POLICY OPTION: Revise ordinance before introduction or decline to amend existing code sections. Citizens Advised: N/A Requested by: David ]. Rapport, City Attorney Prepared by: David ]. Rapport, City Attorney Coordinated with: City Department Heads, Purchasing Agent, and City Manager Attachments: 1. Ukiah City Code Sections 1521 and 1522; 2. Ordinance Amending Sections 1521 and 1522. APPROVED: Can a'~-d'~-~orsl~y, City Manager [continued from page $.] additional procedures. (See Attachment 2, {}1521, subsection A.1.) Those different procedures include 14 days notice in the newspaper rather than 10 days and 30 days notice to trade journals. Section 1522 expressly states that the procedures contained in that Act shall be followed, when seeking to contract for "public works" as defined in the ACt. (See Attachment 2, § 1522, subsection C. 1.) Section 1522 has been simplified (compared to the current version) by setting forth definitions at the beginning, such as the definition of "open market purchase," and then using that term throughout, rather than setting forth the procedure each time open market purchasing is authorized. (See subsection A.) The definition updates the open market purchase procedure by referencing email and the internet. The section sets out the procedure for soliciting bids for each type of contract, including contracts to rent or purchase supplies or equipment, personal service contracts, public works contracts, maintenance contracts, contracts for work on the City's water or electric systems that are excluded from the definition of public works by the Uniform Public Construction Cost Accounting Act, and any other contracts not coming within any of the foregoing categories. (See Attachment 2, §1522, Subsections B and C.) The contracts for the water and electric systems will be addressed in a resolution that will come back to the City Council for approval at a later date. (See Attachment 2, §1522, Subsection C.1.) Section 1522 defines "local vendor" and requires reasonable efforts to notify local vendors in each type of procurement. The dollar limits for different procurements (except for open market purchases under the Uniform Public Construction Cost Accounting ACt) are the same as in the existing ordinance, but a subsection is added that allows the City Council to revise the dollar limits by resolution to reflect changes in the cost of living. (See subsection D.1.) The dollar limits in the Uniform ACt apply separately and can only be revised as provided in that ACt. (.rd.) The section allowing cooperative purchasing is clarified and updated based on the actual experience of the Purchasing Officer in purchasing through other public agencies. (See Attachment 2, §1522, Subsection B.3.) The plan is to schedule training for City employees as soon as the proposed ordinance is adopted. 2 ITEM NO. 1 la ATTACHMENT 1 CURRENT ARTICLE 2. BIDDING PROCEDURES 1520: COMPETITIVE BIDDING REQUIRED: All purchases of, and contracts for supplies, and all sales of personal property which has become obsolete and unusable shall, except as specifically provided herein, be based wherever possible on competitive bids. (Ord. 667, §2, adopted 1975 1521: FORMAL CONTRACT PROCEDURE: Except as otherwise provided herein, purchases of supplies and eqmpment of an estimated value greater than five thousand dollars ($5,000.00), or such greater figure as may be from time to time set by the legislature by amendment to Section 37902 of the Government Code of California, or by other applicable provisions, shall be by written contract with the lowest responsible bidder pursuant to the procedure hereinafter prescribed. (Ord. 667, §2, adopted 1975; amd. by Ord. 766, §1, adopted 1981) A. Notice Inviting Bids: Notices inviting bids shall include a general description of the articles to be purchased, shall state where bid blanks and specifications may be secured, and the time and place for opening bids. 1. Published Notice: Notices inviting bids shall be published at least (10) days before the date of opening of the bids. Notices shall be published at least once in a newspaper of general circulation, printed and published in the City, or if there is none, it shall be posted in at least three (3) public places in the City that have been designated by ordinance as the places for posting public notices. 2. Bidders' List: The Purchasing Officer shall also solicit sealed bids from all responsible prospective suppliers whose names are on the Bidders' List or who have made written request that their names be added thereto. B. Bidder's Security: When deemed necessary by the Purchasing Officer, bidder's security may be prescribed in the public notices inviting bids. Bidders shall be entitled to return of bid security; provided, however, that a successful bidder shall forfeit his bid security upon his refusal or failure to execute the contract within ten (10) days after the notice of award of contract has been mailed, unless in the latter event the City is solely responsible for the delay in executing the contract. The City Council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder. If the City Council awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City to the contract price differential between the lowest bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. If the City Council rejects all bids presented and re-advertises, due to a refusal of the lowest bidder to enter into a contract, the amount of the lowest bidder's security may be used to offset the cost of receiving new bids with the surplus, if any, being returned to the lowest bidder. C. Bid Opening Procedure: Sealed bids shall be submitted to the City Clerk and shall be identified as "bids" on the envelope. Bids shall be opened in public at the time and place stated in the public notices. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than thirty (30) calendar days after the bid opening. D. Rejection of Bids: In its discretion, the City Council may reject any and all bids presented and re-advertise for bids pursuant to the procedure hereinabove prescribed. E. Lowest Responsible Bidder: Contracts shall be awarded to the lowest responsible bidder. In determining "lowest responsible bidder", in addition to price, the City Council shall consider: 1. The ability, capacity and skill of the bidder to perform the contract or provide the service required; 2. Whether the bidder can perform the contract, or provide the service promptly or within the time specified, without delay or interference; 3. The character, integrity, reputation, judgment, experience and efficiency of the bidder; 4. The previous and existing compliance by the bidder with laws and ordinance relating to the contract of service; 5. The quality of performance of previous contracts of service; 6. The sufficiency of financial resources and ability of bidder to perform the contract or provide the service; 7. The quality, availability and adaptability of the supplies, or contractual services to the particular use required; 8. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract; 9. The number and scope of conditions attached to the bid. F. Award to Other Than Low Bidder: When the award is not given to the lowest bidder, a full and complete statement of the reasons for placing the order elsewhere shall be prepared by the agent and filed with the other papers relating to the transaction. G. Tie Bids: If two (2) or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of re-advertising for bids, the City Council may in its discretion accept the one it chooses or accept the lowest bid made by and after negotiation with the tie bidders at the time of the bid opening. H. Performance Bonds: The City Council shall have authority to require a performance bond before entering a contract in such amount as it shall find reasonably necessary to protect the best interests of the City. If the City Council requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids. I. Bidders in Default to City: The agent shall not accept the bid of a contractor or supplier who is in default on the payment of taxes, licenses or other monies due the City. (Ord. 667, §2, adopted 1975) 1522: OPEN MARKET AND CONTRACTUAL SERVICES PROCEDURE: A. Purchases Within the Authority of the Purchasing Officer: Rentals or purchases of supplies, equipment or contractual services of an estimated value of ten thousand dollars ($10,000.00) or less may be made by the Purchasing Officer in the open market by using the procedure set forth in this Section. 1. Rental or Purchases of One Thousand Dollars or Less: The Purchasing Officer shall have authority to issue a purchase order or enter a contract, including a rental agreement for supplies, equipment or contractual services costing one thousand dollars ($1,000.00) or less without a written solicitation of formal bids, if the purchase is included within an approved fund account and an unencumbered appropriation exists in the fund against which the purchase may be charged. Whenever possible, the Purchasing Officer shall solicit at least three (3) quotes by telephone. Supplies and equipment shall be rented or purchased and contractual services shall be purchased from the least expensive source, if the Purchasing Officer is satisfied that all sources are equally qualified and suited to the City's needs. The Purchasing Officer shall maintain a permanent public record for a period of one year of the quotes sought and received, the bid selected and the reason for the selection. 2. Rental or Purchase of Supplies and Equipment Costing More Than One Thousand Dollars But Less Than Five Thousand Dollars: The Purchasing Officer may rent or purchase supplies and equipment costing more than one thousand dollars ($1,000.00) but less than five thousand dollars ($5,000.00), if the purchase is included within an approved fund account and an unencumbered appropriation exists in the fund against which the purchase may be charged, using the following procedures: a. Minimum Number of Bids: Open market purchases shall, wherever possible, be based on at least three (3) bids. b. Notice Inviting Bids: The Purchasing Officer shall solicit bids by written requests to prospective vendors and/or by telephone. c. Written or Telephonic Bids: Written bids shall be submitted to the Purchasing Officer by personal delivery, telefacimile ("FAX"), by mail or other means. The Purchasing Officer shall not disclose the contents of any bid, whether submitted by phone, FAX, mail or other means, until the time appointed to open or consider all submitted bids. d. Award of Bid: Supplies and equipment shall be rented or purchased from the least expensive source, if the Purchasing Officer is satisfied that all sources are equally qualified and suited to the City's needs. The Purchasing Officer shall maintain a permanent public record for a period of one year of the quotes sought and received, the bid selected and the reason for the selection. 3. Rental or Purchase of Supplies and Equipment Costing Between Five Thousand Dollars and Ten Thousand Dollars: The Purchasing Officer may rent or purchase supplies and equipment costing between five thousand dollars ($5,000.00) and ten thousand dollars ($10,000.00) in accordance with the provisions of subsection A2; provided, that by the close of the City Council agenda for the next regularly scheduled City Council meeting, the Purchasing Officer shall file a report with the City Council setting forth a description of the items purchased, the bids received, and the reason for the selection made. B. Rental or Purchase of Supplies and Equipment Requiring Prior City Council Approval: The rental or purchase of supplies and equipment costing more than ten thousand dollars ($10,000.00) must be approved in advance by the City Council. Purchases of supplies and equipment costing more than ten thousand dollars ($10,000.00) shall be awarded in accordance with the procedures specified in subsection A2 or as authorized in sections 1521, 1540 and Public Contracts Code section 22032, as amended, or any successor provision of State law. C. Contracts for Service: Contracts for services shall be classified as public works contracts and personal services contracts. D. "Public works contract" means a contract for maintenance, repair, construction or improvement of real or personal property, involving the use of labor and skilled trades, and which may, but need not, include the cost of materials and equipment in the contract price. Public works contract does not include construction project management services provided by a licensed architect, registered engineer, or licensed general contractor provided to the City under a separate agreement pertaining solely to the provision of such services. "Personal services contract" means a contract for professional services, such as accounting, architectural, engineering, legal, personnel, administrative, environmental, construction management, computer programming or similar services, and in which the provision of materials is incidental to the provision of professional services and comprises less than ten percent (10%) of the contract price. 1. Public Works Contracts: a. Contracts Within the Authority of the Purchasing Officer: The Purchasing Officer shall have authority to enter a public works contract costing more than one thousand dollars ($1,000.00) but no more than ten thousand dollars ($10,000.00), including labor, equipment, materials, overhead and profit, if the work is included within an approved fund account and an unencumbered appropriation exists in the fund against which the purchase may be charged. The Purchasing Officer may only enter such contracts using the following procedures: (l) Minimum Number of Bids: Whenever possible, the Purchasing Officer will award the contract based on at least three (3) bids. (2) Notice Inviting Bids: The Purchasing Officer shall solicit bids by written request and/or by telephone with written confirmation to follow within three (3) working days, which notice shall include such specifications and bidding requirements as the Purchasing Officer determines are appropriate to the work and as are required by law. (3) Written Bids: Sealed written bids or bids submitted by FAX shall be submitted to the Purchasing Officer. The Purchasing Officer shall not disclose the contents of any bids submitted by sealed bid, FAX or solicited by telephone until the time appointed to open or consider all submitted bids. (4) Award of Bids: Supplies and equipment shall be rented or purchased from the least expensive source, if the Purchasing Officer is satisfied that all sources are equally qualified and suited to the City's needs. The Purchasing Officer shall maintain a permanent record for a period of one year of the quotes sought and received, the bid selected and the reason for the selection. (5) Public Works Contracts Over Five Thousand Dollars: By the close of the agenda for the next regularly scheduled City Council meeting, occurring after the Purchasing Officer enters a public works contract costing more than five thousand dollars ($5,000.00), the Purchasing Officer shall file a report with the City Council setting forth a description of the contract, the bids received, and the reason for the selection. b. Public works contracts requiring prior approval of the City Council. The City Council must approve all public works contracts costing more than ten thousand dollars ($10,000.00). All such contracts shall be awarded in accordance with the procedures authorized in subsection C 1 or as authorized in sections 1521, 1540 and Public Contracts Code section 22032, as amended, or any successor provision of State law. 2. Personal Service Contracts: a. Personal services contracts within the authority of the Purchasing Officer: The Purchasing Officer shall have authority to enter a personal services contract costing more than one thousand dollars ($1,000.00) but no more than ten thousand dollars ($10,000.00), if the work is included within an approved fund account and an unencumbered appropriation exists in the fund against which the purchase may be charged. The Purchasing Officer may only enter such contracts using the following procedures. (I) Minimum Number of Bids: Whenever possible, the Purchasing Officer will award the contract based on at least three (3) proposals, and shall award the contract on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. To the extent permitted by law, including, but not limited to, Government Code section 4526, the Purchasing Officer shall consider cost as one factor in awarding the contract. (2) Notice Inviting Bids: The Purchasing Officer shall solicit proposals by written request for proposal (RFP), which shall include such specifications and requirements as the Purchasing Officer determines are appropriate to the work and as are required by law. Announcements of RFPs may, but need not, be placed in appropriate professional publications. RFPs shall be sent to the largest number of qualified professionals practical in the judgment of the Purchasing Officer. The Purchasing Officer shall include as many small business firms as identified by the Director of General Services of the State of California pursuant to Government Code section 14837 as the Purchasing Officer determines is practical. The Purchasing Officer and his or her designees shall not engage in any practice which might result in unlawful or unfair treatment in processing proposals and awarding contracts, including, but not limited to, rebates, kickbacks, bribes or other unlawful consideration. No City officer or employee shall participate in the selection process when those officers or employees have a relationship with a person or business entity seeking a contract under this subsection which would subject those officers or employees to the prohibition of Government Code section 87100. (3) Written Proposals: Written proposals shall be submitted to the Purchasing Officer who shall keep a public record of all such proposals for a period of one year after their submission. The contract shall be awarded based on the proposal, such personal interviews as the Purchasing Officer deems appropriate, and the criteria set forth in subsection (2). (4) Personal Services Contracts Over Five Thousand Dollars: By the close of the agenda for the next regularly scheduled City Council meeting, occurring after the Purchasing Officer enters a personal services contract costing more than five thousand dollars ($5,000.00), the Purchasing Officer shall file a report with the City Council setting forth a description of the contract, the proposals received, and the mason for the selection. b. Personal Services Contracts Requiring Prior City Council Approval: The City Council must approve all personal services contracts costing more than ten thousand dollars ($10,000.00). All such contracts shall be awarded in accordance with the procedures set forth in subsection Clb. D. Procedure if Bids Exceed Estimate: Except as may be otherwise required by law, if all bids received for particular items of supplies, equipment or contractual services am in excess of the dollar limits specified herein for the procedures used to solicit those bids, the Purchasing Officer may nevertheless issue a purchase order or enter a contract if the invoice or contract does not exceed the prescribed limit by mom than ten percent (10%). (Ord. 918, §2, adopted 1991) Attachment ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AHENDING SEC I~ONS 1521 AND 1522 OF THE UKIAH CITY CODE, CONCERNING BIDDING PROCEDURES AND OPEN t4ARKET PURCHASES The City Council of the City of Ukiah hereby ordains as follows: SECT[ON ONE. Sections 1521 and 1522 in Division 1, Chapter 6, Article 2 of the Ukiah City Code are hereby amended to read as follows. §1521: FORMAL CONTRACT PROCEDURE: When formal public bidding to the lowest responsive and responsible bidder is required by this Code or applicable state law, the City shall invite bids and award contracts using the following procedures and such other or different applicable procedures as may be required by state law or other provisions of this Code: Notice Inviting Bids: Notices inviting bids shall include a general description of the articles to be purchased or services to be rendered and shall state where bid blanks, specifications and plans (if applicable) may be secured, and the time and place for opening bids. 1. Published Notice: Notices inviting bids shall be published at least (10) days before the date of opening of the bids or for such longer period as may be required by state law, such as the California Uniform Public Construction Cost Accounting Act (Public Contracts Code Sections 22000 et seq.). Notices shall be published at least once in a newspaper of general circulation, printed and published in the City, or if there is none, it shall be posted in at least three (3) public places in the City that have been designated by ordinance as the places for posting public notices. 2. Bidders' List: The Purchasing Officer shall also solicit sealed bids from all responsible prospective suppliers whose names are on the Bidders' List or who have made written request that their names be added thereto. Eo Bidder's Security: When deemed necessary by the Purchasing Officer, bidder's security may be prescribed in the public notices inviting bids. Bidders shall be entitled to return of bid security; provided, however, that a successful bidder shall forfeit his bid security upon his refusal or failure to execute the contract within ten (10) days after the notice of award of contract has been mailed, unless in the latter event the City is solely responsible for the delay in executing the contract. The City Council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder. If the City Council awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City to the contract price differential between the lowest bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. If the City Council rejects all bids presented and re-advertises, due to a refusal of the lowest bidder to enter into a contract, the amount of the lowest bidder's security may be used to offset the cost of receiving new bids with the surplus, if any, being returned to the lowest bidder. Bid Opening Procedure: Sealed bids shall be submitted to a city official designated in the notice inviting bids and shall be identified as "bids" on the envelope. Bids shall be opened in public at the time and place stated in the public notices. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than thirty (30) calendar days after the bid opening. Rejection of Bids: In its discretion, and to the extent and according to the procedures required by law, the City Council may reject any and all bids presented and re-advertise for bids pursuant to the procedure hereinabove prescribed. Lowest Responsible Bidder: Contracts shall be awarded to the lowest responsible bidder submitting a responsive bid. In determining "lowest responsible bidder", in addition to price, the City Council shall consider: 1. The ability, capacity and skill of the bidder to perform the contract or provide the service required; 2. Whether the bidder can perform the contract, or provide the service promptly or within the time specified, without delay or interference; 3. The character, integrity, reputation, judgment, experience and efficiency of the bidder; 4. The previous and existing compliance by the bidder with laws and ordinance relating to the contract of service; 5. The quality of performance of previous contracts of service; 6. The sufficiency of financial resources and ability of bidder to perform the contract or provide the service; 7. The quality, availability and adaptability of the supplies, or contractual services to the particular use required; 8. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract; 9. The number and scope of conditions attached to the bid. F. Award to Other Than Low Bidder: When the award is not given to the lowest bidder, a full and complete statement of the reasons for placing the order elsewhere shall be prepared by the agent and filed with the other papers relating to the transaction. Tie Bids: If two (2) or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of re-advertising for bids, the City Council may in its discretion accept the one it chooses or accept the lowest bid made by and after negotiation with the tie bidders at the time of the bid opening, Performance Bonds: The City Council shall have authority to require performance and payments bonds before entering a contract in such amount as it shall find reasonably necessary to protect the best interests of the City. If the City Council requires such bonds, the form and amount shall be described in the notice inviting bids. 1~. Bidders in Default to City: The agent shall not accept the bid of a contractor or supplier who is in default on the payment of taxes, licenses or other monies due the City. §1522: OPEN MARKET, INFORMAL BIDDING AND CONTRACTUAL SERVICES PROCEDURE: A, Definitions: When used in this Section, the following terms shall have the following meaning, unless another meaning is expressly stated when the term is used. 3 ~Contract for supplies and equipment" means a contract for the purchase or rental of supplies and equipment, where the only service provided directly to the City involves the delivery and/or installation of the supplies or equipment, is incidental to the purchase, and where the value of the services provided under the contract is less than 20% of the total contract price. ~Costing" as used in such phrases as "costing the City" or "costing more than" means the total cost to the City, including, but not limited to, applicable sales tax and shipping costs. The amount may be estimated before bids are received. Tf a bid is received for not more than 10% more than the estimated amount, the procurement method specified for the estimated amount may be followed. "Local vendor" means a business with a physical business address in Mendocino County at which location the owner and/or employees are regularly employed and with a currently effective business license issued by the city in which it is located or, if located in the unincorporated area, by Mendocino County. "Maintenance" shall have the meaning provided in Public Contracts Code Section 22002(d), as it currently reads or as it may be amended to read. "Open market purchase" means a purchase made without a prior written solicitation of formal bids. Tn making open market purchases, the Purchasing Officer is encouraged to take advantage of modern communications to obtain the lowest possible price, consistent with the City's needs, including, but not limited to, the use of the telephone, the internet and email, and to use all reasonable means to solicit quotes or proposals from local vendors. The Purchasing Officer shall maintain a permanent public record for a period of one year from the date of purchase of each open market purchase, including the method used to obtain information from vendors, the quotes sought and received, the bid selected and the reason for the selection. ~Personal Services Contract" means a contract for professional or other services that does not involve the building or construction trades, but does include construction management, engineering, architectural and similar construction design or inspection services. "Public Project" has the meaning provided in Public Contracts Code Section 22002(c)-(d), as it currently reads, and as it may be amended from time to time. B. Purchases of supplies and equipment: 1. Supply and equipment contracts under $10,000. Open market purchases may be used for contracts for the purchase of supplies and equipment costing $10,000 or less, if the purchase is included within an approved fund account and an unencumbered appropriation exists in the fund against which the purchase may be charged. Purchases costing more than $5000 shall be reported to the City Council at its next regular meeting following the purchase. The report shall include the information described in the definition of "open market purchase." 2. Supply and equipment contracts over $10,000. Contracts for the purchase of supplies and equipment costing more than $10,000 shall be procured using the following procedures. a. Minimum Number of Bids: Whenever reasonably feasible, the Purchasing Officer will award the contract based on at least three (3) bids. b. Notice Inviting Bids: The Purchasing Officer shall solicit bids by written request, including the use of email or fax, and/or by telephone with written confirmation to follow within three (3) working days, which notice shall include such specifications and bidding requirements as the Purchasing Officer determines are appropriate to the work, and as are required by law. The Purchasing Officer shall make reasonable efforts to solicit bids from local vendors. c. Written Bids: Sealed written bids or bids submitted by email or FAX shall be submitted to the Purchasing Officer. The Purchasing Officer shall not disclose the contents of any bids submitted by sealed bid, fax, email, or telephone, followed by timely written confirmation, until the time appointed to open or consider all submitted bids. d. Award of Bids: Supplies and equipment shall be rented or purchased from the least expensive source, if the Purchasing Officer is satisfied that all sources and the products offered are of equal quality and suited to the City's needs. The Purchasing Officer shall maintain a permanent record for a period of one year of the quotes sought and received, the bid selected and the reason for the selection. The City Council must award the bid based on the recommendation of the Purchasing Officer. 3. Cooperative purchases. The Purchasing Officer may purchase supplies and equipment through a consolidated supply contract or other cooperative purchasing arrangement with another governmental agency, if available to the City and if the Purchasing Officer determines that the procurement method used by that agency provides a purchasing advantage to the City. C. Other Contracts. 1. Public Projects Contracts. a. Contracts for public projects shall be procured in accordance with the California Uniform Public Construction Cost Accounting Act (Public Contracts Code Sections 22000 et seq.), as it now reads and as it may be amended from time to time. b. Contracts for public projects costing $30,000 or less or such other amount as may be periodically established by the California Uniform Construction Cost Accounting Commission pursuant to Public Contracts Code Section 22020 shall be procured by open market purchase. c. Contracts to be performed for a City owned public utility, such as the City's water or electrical system, which are not public projects or subject to subsections C. 4 and C.5, below, shall be procured in accordance with procedures adopted by the Public Utilities Department and approved by City Council resolution from time to time. 2. Maintenance contracts. a. Open market purchases may be used for maintenance contracts costing $10,000 or less, if the purchase is included within an approved fund account and an unencumbered appropriation exists in the fund against which the purchase may be charged. Maintenance contracts costing more than $5000 shall be reported to the City Council at its next regular meeting following the purchase. The report shall include the information described in the definition of "open market purchase." b. Maintenance contracts costing more than $10,000 shall be procured using the following procedures. i. I~inimum Number of Bids: Whenever reasonably feasible, the Purchasing Officer will award the contract based on at least three (3) bids. ii. Notice Inviting Bids: The Purchasing Officer shall solicit bids by written request, including the use of email or fax, and/or by telephone with written confirmation to follow within three (3) working days, which notice shall include such specifications and bidding requirements as the Purchasing Officer determines are appropriate to the work, and as are required by law. The Purchasing Officer shall make reasonable efforts to solicit bids from local contractors. iii. Written Bids: Sealed written bids or bids submitted by email or fax shall be submitted to the Purchasing Officer. The Purchasing Officer shall not disclose the contents of any bids submitted by sealed bid, fax, email or telephone, followed by timely written confirmation, until the time appointed to open or consider all submitted bids. iv. Award of Bids: The maintenance contract shall be awarded to the least expensive bidder, if the Purchasing Officer is satisfied that all bids are equally qualified and suited to the City's needs. The Purchasing Officer shall maintain a permanent record for a period of one year of the quotes sought and received, the bid selected and the reason for the selection. The Purchasing Officer shall present the recommended bid to the City Council for award. 3. Personal Services Contracts. a. Open market purchases may be used for personal services contracts costing $10,000 or less, if the purchase is included within an approved fund account and an unencumbered appropriation exists in the fund against which the purchase may be charged. Personal services contracts costing more than $5000 shall be reported to the City Council at its next regular meeting following the purchase. The report shall include the information described in the definition of "open market purchase." b. Personal services contracts costing more than $10,000 shall be awarded using the following procedures i. Minimum Number of Bids: Whenever reasonably feasible, the Purchasing Officer will award the contract based on at least three (3) proposals, and shall award the contract on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. To the extent permitted by law, including, but not limited to, Government Code section 4526, the Purchasing Officer shall consider cost as one factor in awarding the contract. ii. Notice Inviting Bids: The Purchasing Officer shall solicit proposals by written request for proposal (RFP), which shall include such specifications and requirements as the Purchasing Officer determines are appropriate to the work and as are required by law. Announcements of RFPs may, but need not, be placed in appropriate professional publications. RFPs shall be sent to the largest number of qualified professionals practical in the judgment of the Purchasing Officer. The Purchasing Officer shall include as many small business firms as identified by the Director of General Services of the State of California pursuant to Government Code section 14837 as the Purchasing Officer determines is practical. The Purchasing Officer shall use reasonable efforts to solicit proposals from local vendors. The Purchasing Officer and his or her designees shall not engage in any practice which might result in unlawful or unfair treatment in processing proposals and awarding contracts, including, but not limited to, rebates, kickbacks, bribes or other unlawful consideration. No City officer or employee shall participate in the selection process when those officers or employees have a relationship with a person or business entity seeking a contract under this subsection which would subject those officers or employees to the prohibition of Government Code section 87100. iii. Written Proposals: Written proposals shall be submitted to the Purchasing Officer who shall keep a public record of all such proposals for a period of one year after their submission. The contract shall be awarded by the City Council based on the proposal, such personal interviews as the Purchasing Officer deems appropriate, the criteria set forth in subsection (2), and the recommendation of the Purchasing Officer. D. Miscellaneous 1. Any dollar limits specified herein, except for the limit in subsection B.2, may be revised by a resolution of the City Council based on changes in the cost of living or the cost of goods or services available to the City. 2. Procurement of goods or services not specifically addressed in this section may be purchased by open market purchase, unless a different method is required by state statute or regulation or another provision of this Code. SECTION T~NO. 1. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have adopted this Ordinance and any section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or otherwise invalid. 2. EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption. Introduced by title only on ,2006, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Adopted on 2006 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Mark Ashiku, Mayor A'I3-EST: Gail Petersen, City Clerk 9 AGENDA SUMMARY REPORT Item No: 11b Date: August 21, 2006 SUBJECT: REVIEW AND POSSIBLE ACTION ON AIRPORT COMMISSION APPLICANTS PROCESS - MCCOWEN Councilmember McCowen has requested the City Council review the practice of referring applications for the Airport Commission to the Commission itself for formal recommendation prior to City Council action. Refer to Councilmember McCowen's email dated August 10, 2006 (Attachment 1). RECOMMENDED ACTION: Review and possible action on Airport Commission applicants process. ALTERNATIVE COUNCIL POLICY OPTIONS: Citizen Advised: N/A Requested by: John McCowen, Councilmember Prepared by: Sue Goodrick, Risk Manager/Budget Officer Coordinated with: Candace Horsley, City Manager Attachment(s): 1 - Email dated August 10, 2006 from Councilmember McCowen requesting review of Airport Commission Applicants. Candace Horsley, Cit~Manager AI'rACHM,~I" / From: John McCowen [mailto:mccowen@pacific.net] Sent: Thursday, August 10, 2006 5:52 PM To: Candace Horsley Cc: Sue Goodrick Subject: Review of Airport Commission Applicants Review of Airport Commission Applicants Questions have been raised about the recent practice of referring applications for the Airport Commission to the Commission itself for a formal recommendation prior to City Council action. In reflecting on this practice, I have come to question the necessity of having a formalized recommendation process, particularly for this commission and no other. It is the responsibility of applicants to adequately state their interest and qualifications on the application, and it is the responsibility of the Council to evaluate the applications. Applicants are also usually afforded the opportunity to be interviewed by the Council. The present system creates the potential for awkward moments in cases where commissioners are asked to evaluate the application of an incumbent with whom they serve. Discontinuing the process of a formal referral and recommendation will not preclude individual commissioners, or even the Commission as a whole, from offering their opinion, recommendation or endorsement to the City Council. John McCowen AGENDA SUMMARY REPORT Item No 11c Date: Au.qust 16, 2006 SUBJECT: DISCUSSION AND POSSIBLE ACTION ON RESIDENCY REQUIREMENT FOR CITY BOARDS AND COMMISSIONS - MCCOWEN Councilmember McCowen has requested the City Council discuss his proposal that a minority of seats on each City Board and Commission, with the exception of the Planning Commission, be open to any County resident. Refer to Councilmember McCowen's email dated August 10, 2006 (Attachment 1). RECOMMENDED ACTION: Discussion and possible action on residency requirement for City Boards and Commissions. ALTERNATIVE COUNCIL POLICY OPTIONS: Citizen Advised: N/A Requested by: John McCowen, Councilmember Prepared by: Sue Goodrick, Risk Manager/Budget Officer Coordinated with: Candace Horsley, City Manager Attachment(s): 1 - Email of August 10, 2006 from Councilmember McCowen - Residency Requirement for City Boards and Commissions APPROVED BY: Candace Horsley, Cit~,~Manager ATTACHMENT_ / From: .lohn McCowen [mailto:mccowen@pacific.net] Sent: Thursday, August 10, 2006 5:36 PM To: Candace Horsley Cc: Sue Goodrick Subject: Residency Requirement for City 8oards and Commissions Residency Requirement for City Boards and Commissions. In the spirit of City/County cooperation, I propose that a minority of seats on each City board and commission, except the Planning Commission, be open to any County resident. Currently most City boards and commissions allow for a minority of members to be County residents provided they live within the current sphere of influence. I believe that the sphere is an arbitrary boundary that excludes numerous County residents who may have a connection to the City and a willingness to serve The proposed change will eliminate confusion over which County residents are eligible to apply; relieve staff of the responsibility of checking residency; and relieve applicants of the potential embarrassment of applying for a position they are not eligible for, or worse yet, being asked to resign from a position they were mistakenly appointed to. It is currently proposed that the sphere be significantly reduced, which will further exclude numerous citizens who are employed or own property or businesses within the City or who have other connections to the City. John McCowen ITEM NO: tta MEETING DATE: August 16, 2006 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION OF THE NORTH FIRE STATION PROPERTY DETACHMENT FROM THE CITY OF UKIAH Based on an inquiry from Councilmembers McCowen and Crane, the following information is provided for Council's discussion. The City of Ukiah sold the 'North Fire Station' property at 1800 North State Street in 2003. According to state statue, although the property was automatically detached from the City when the property was sold, in order to provide a formal record for LAFCO's purposes, a resolution approved by the Council confirming the detachment would be necessary. The City Attorney would be able to prepare the resolution for City Council adoption at the next meeting, if the Council desires. RECOMMENDED ACTION: Discuss and provide direction to staff ALTERNATIVE COUNCIL POLICY OPTIONS: Requested by: Prepared by: Coordinated with: Attachments: Councilmembers McCowen and Crane Candace Horsley, City Manager Dave Rapport, City Attorney NA Approved: ~ Candace 'Horsley, Ci~Manager AGENDA SUMMARY REPORT Item No 11e Date: Au.qust 16, 2006 SUBJECT: DISCUSSION AND DIRECTION REGARDING LEAGUE OF CALIFORNIA CITIES RESOLUTIONS At the Annual Conference in September, the League will consider four resolutions identified in Attachment 1. The City Council has been requested to consider the resolutions and to determine a City position so that its voting delegate and alternate can represent the City's position on each. RECOMMENDED ACTION: Discussion and direction regarding League of California Cities resolutions. ALTERNATIVE COUNCIL POLICY OPTIONS: Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Sue Goodrick, Risk Manager/Budget Officer Coordinated with: Candace Horsley, City Manager Attachment(s): 1 - League of California Cities Letter dated July 19, 2006 Candace Horsley, City Manager) ATTACHMENT I LEAGUE OF CALIFORNIA CITIES July 19, 2006 TO: ~// B Y: .................... Mayors, City Managers and City Clerks League Board of Directors General Resolutions Committee Members Members, League Policy Committees to Which Resolutions Are Referred RE: Annual Conference Resolutions Packet Notice of League Annual Meeting Enclosed please find the 2006 Annual Conference Resolutions packet. Annual Conference in San Diego. This year's League Annual Conference will be held September 6-9 at the San Diego Convention Center. The conference announcement has previously been sent to all cities and we hope that you and your colleagues will be able to join us. More information about the conference is available on the League's website at www.cacities.or~/ac. We look forward to welcoming city officials to the conference. Annual Business Meeting - September 9, 8:30 a.m. The League's Annual Business Meeting will be held on Saturday, September 9, 8:30 a.m. at the Marriott Marina Hotel, located adjacent to the San Diego Convention Center. Resolutions Packet. At the Annual Conference, the League will consider the four resolutions introduced by the July 10 deadline and included in this packet. We request that you distribute this packet to your city council. We encourage each city council to consider the resolutions and to determine a city position so that your voting delegate and alternate can represent your city's position on each. A copy of the resolutions packet is posted on the League's website for your convenience: www.cacities.orR/resolutions. The resolutions packet contains additional information related to consideration of the resolutions at the Annual Conference. This includes the date, time and location of the meetings at which resolutions will be considered. Voting Delegates. Each city council is encouraged to designate a voting delegate and alternate to represent their city at the Annual Business Meeting. A letter asking city councils to designate their voting delegate and alternate has already been sent to each city. We invite your city's participation in this important League meeting to help develop League policy. , Please Bring This Packet to the Annual Conference , ,' September 6 - 9, San Diego ', KEY TO ACTIONS TAKEN ON RESOLUTIONS Resolutions have been grouped by policy committees to which they have been assigned. Number I Key Word Index Reviewing Body Action I 1 I 2 { 3 I 1 - Policy Committee Recommendation to General Resolutions Committee 2 - General Resolutions Committee 3 - General Assembly ADMINISTRATIVE SERVICES POLICY COMMITTEE 1 2 3 Alternate Voting Delegates - Bylaws Amendment COMMUNITY SERVICES POLICY COMMITTEE 2 Health and Wellness in Cities 3 PUBLIC SAFETY POLICY COMMITTEE 1 2 3 4and Forfeiture Exhibitions of Vehicles of Speed Used in Illegal Speed Contests NOTE: NO RESOLUTIONS WERE ASSIGNED TO THESE POLICY COMMITTEES: Employee Relations Revenue and Taxation Environmental Quality Transp., Communication & Public Works Housing, Comm. & Economic Dev. RESOLUTIONS INITIATED BY PETITION General Resolutions General Committee Assembly Recommendation Action INFORMATION AND PROCEDURES RESOLUTIONS CONTAINED IN THIS PACKET. This year, four resolutions have been introduced for consideration by the Annual Conference and referred to the League policy committees. The League bylaws provide that resolutions shall be referred by the president to an appropriate policy committee for review and recommendation. Resolutions with committee recommendations shall then be referred to the General Resolutions Committee at the Annual Conference. POLICY COMMITTEES. Three policy committees will meet at the Annual Conference on Wednesday, September 6, at the Marriott Manna Hotel, located adjacent to the Convention Center. The Administrative Services Policy Committee will meet from 10:30 a.m. - Noon., and the Community Services and Public Safety Policy Committees will meet from 1 - 2:30 p.m. The sponsors of the resolutions were notified of the time and location of the meeting. Please see page iii for the meeting schedule. THE GENERAL RESOLUTIONS COMMITTEE will meet at 1:30 p.m., on Friday, September 8, at the San Diego Convention Center to consider the reports of the three policy committees regarding the four resolutions. This committee includes one representative from each of the League's regional divisions, functional departments, and standing policy committees, as well as additional city officials appointed by the League president. THE CONCLUDING GENERAL SESSION/ANNUAL BUSINESS MEETING will convene at 8:30 a.m. on Saturday, September 9, at the Marriott Marina Hotel, San Diego. PETITIONED RESOLUTIONS. For those issues that develop after the normal 60-day deadline, a resolution may be introduced with a petition signed by designated voting delegates of 10 percent of all member cities (48 valid signatures required) and presented to the Voting Delegates Desk no later than 24 hours prior to the time set for convening the Annual Business Session of the General Assembly. This year, the deadline is 8:30 a.m., Friday, September 8. If the parliamentarian finds that a petitioned resolution is substantially similar in substance to a resolution already under consideration, the petitioned resolution will be disqualified by the General Resolutions Committee. Resolutions can be viewed on the League's website: www.cacities.org/resolutions. Any questions concerning the resolutions procedure should be directed to Linda Welch Hicks at the League office: lhicks~cacities.org or (916) 658-8224. II. GUIDELINES FOR ANNUAL CONFERENCE RESOLUTIONS Policy development is a vital and ongoing process within the League. The principal means for deciding policy on the important issues facing cities and the League is through the League's eight standing policy committees and the board of directors. The process allows for timely consideration of issues in a changing environment and assures city officials the opportunity to both initiate and influence policy decisions. Annual conference resolutions constitute an additional way to develop League policy. Resolutions should adhere to the following criteria. Guidelines for Annual Conference Resolutions 1. Only issues that have a direct bearing on municipal affairs should be considered or adopted at the Annual Conference. 2. The issue is not of a purely local or regional concem. 3. The recommended policy should not simply restate existing League policy. 4. The resolution should be directed at achieving one of the following objectives: (a) Focus public or media attention on an issue of major importance to cities. (b) Establish a new direction for League policy by establishing general principals around which more detailed policies may be developed by policy committees and the Board of Directors. (c) Consider important issues not adequately addressed by the policy committees and Board of Directors. (d) Amend the League bylaws. ii KEY TO ACTIONS TAKEN ON RESOLUTIONS (Continued) KEY TO REVIEWING BODIES KEY TO ACTIONS TAKEN 1. Policy Committee A - Approve 2. General Resolutions Committee D - Disapprove 3. General Assembly N - No Action Action Footnotes * Subject matter covered in another resolution ** Existing League policy *** Local authority presently exists R - Refer to appropriate policy committee for study a - Amend Aa ~ Approve as amended Aaa - Approve with additional amendment(s) Ra - Amend and refer as amended to appropriate policy committee for study Raa - Additional amendments and refer Da - Amend (for clarity or brevity) and Disapprove Na - Amend (for clarity or brevity) and take No Action W - Withdrawn by Sponsor Procedural Note: Resolutions that are approved by the General Resolutions Committee, as well as all qualified petitioned resolutions, are reported to the floor of the General Assembly. In addition, League policy provides the following procedure for resolutions approved by League policy committees but not approved by the General Resolutions Committee. Every resolution initially recommended for approval and adoption by all the League policy committees to which the resolution is assigned, but subsequently recommended for disapproval, referral or no action by the General Resolutions Committee, shall then be placed on a consent agenda for consideration by the General Assembly. The consent agenda shall include a brief description of the bases for the recommendations by both the policy committee(s) and General Resolutions Committee, as well as the recommended action by each. Any voting delegate may make a motion to pull a resolution from the consent agenda in order to request the opportunity to fully debate the resolution. If, upon a majority vote of the General Assembly, the request for debate is approved, the General Assembly shall have the opportunity to debate and subsequently vote on the resolution. V 2006 ANNUAL CONFERENCE RESOLUTIONS RESOLUTIONS REFERRED TO ADMINISTRATIVE SERVICES POLICY COMMITTEE RESOLUTION RELATING TO ANNUAL CONFERENCE RESOLUTION PROCEDURES Source: League Board of Directors Referred to: Administrative Services Policy Committee Recommendation to General Resolutions Committee: WHEREAS, in November 2005, the League Board of Directors authorized the League President to appoint a committee consisting of board members and others to review the League's Annual Conference Resolution process and to recommend any changes; and WHEREAS, the committee identified several opportunities to improve the resolutions process, which range from substantive changes to technical clarifications; and WHEREAS, these recommendations were considered by the League's Administrative Services Policy Committee and Board of Directors; and WHEREAS, because any policies included in a resolution approved by the membership would not take effect until after the close of the 2006 Annual Conference, the League Board of Directors has adopted these recommendations as policies on an interim basis for the 2006 Annual Conference Resolution process; and WHEREAS, the League Board of Directors proposes this Annual Conference Resolution to provide League member cities the opportunity to review and approve the changes proposed for 2007 and beyond; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, September 9, 2006, that the following policies be adopted to guide the League's Annual Conference Resolutions Process. Debate During Consideration of Resolutions A. At policy committees, the General Resolutions Committee and General Assembly, the presiding officials shall have the option to set time limits on speakers and request that speakers not repeat statements made by previous speakers. B. City officials who are League members and others shall be permitted to speak at policy committee meetings when policy committees are considering resolutions. Only League members shall be permitted to speak at the General Resolutions Committee. However, if a League member requests, through the chair, that a non-member individual be permitted to speak to a resolution, the chair may permit that individual to briefly address the Committee. Only League members shall be permitted to speak at the General Assembly. 2. Moving Resolutions through the General Resolutions Process A. The League reaffirms its policy adopted in 1998 by Annual Conference Resolution #2, that those resolutions that are approved by a policy committee or committees to which they were assigned but not approved by the General Resolutions Committee shall move forward to the General Assembly on a separate consent calendar. B. All petitioned resolutions meeting the requirements of the League bylaws shall move from the General Resolutions Committee to the General Assembly, regardless of the recommendation of the General Resolutions Committee. For all other resolutions, only those that are approved by the General Resolutions Committee shall move forward to the General Assembly for consideration. 3. Credentials Committee The President of the City Attorneys Department shall recommend to the League President a city attorney to serve as an advisor to the credential committee to assist them in resolving credentials or voting eligibility questions. Policy Regarding Advocacy Positions A. The League reaffirms its 1953 policy regarding League positions on ballot measures and legislation: Thc League should "...take action only on matters that are of broad municipal interest [emphasis in original]. In other words, it is preferable that the League act only on those matters that are of concern to a large number of cities, rather than to the cities ora given area or to an individual city. Similarly, it is unsound for thc League to take an active position on a subject when the cities in thc state arc about equally divided on each side of the issue. It has been the attitude of thc board to at, erupt to resolve these issues so that a large majority of cities arc on one side or the other." So Voting Procedures A. Thc configuration of the room in which the General Assembly is held shall be arranged so that thc voting delegates and alternates are seated in one area of the room and the other attendees arc seated in an other area of the room; and B. Only those voting delegates and alternates with the appropriate identifying stamps on their conference name badges shall be admitted to the voting delegate area of thc General Assembly. o Amendments of Petitioned Resolutions A. The General Resolutions Committee may not make amendments to petitioned resolutions; B. If the General Resolutions Committee wishes, it may recommend by a majority vote to the General Assembly technical or clarifying amendments to a petitioned resolution; C. Substantive amendments that change the intent of the petitioned resolution may only be adopted by the General Assembly. 2 2. RESOLUTION RELATING TO THE NUMBER OF ALTERNATE VOTING DELEGATES A CITY MAY DESIGNATE - BYLAWS AMENDMENT (2/3rds vote required to approve) Source: League Board of Directors Referred to: Administrative Services Policy Committee Recommendation to General Resolutions Committee: WHEREAS, the General Assembly at the League of California Cities' Annual Conference is an opportunity for League members to shape League policy; and WHEREAS, the League bylaws provide that each League member city has one vote at the General Assembly; and WHEREAS, to exercise this right to vote at the General Assembly, the League bylaws require that the city council in each League member city designate a voting delegate to represent it; and WHEREAS, to provide for any unforeseen inability of the city's voting delegate to attend the General Assembly, the bylaws also allow the city council in each League member city to designate an alternate voting delegate; and WHEREAS, periodically a number of cities have found themselves in a situation in which neither their voting delegate nor their alternate was able to attend the General Assembly; and WHEREAS, the League desires that all member cities participate in the General Assembly so that resolutions adopted at the General Assembly reflect the full perspective of the League's membership; and WHEREAS, allowing member cities to designate an additional voting delegate alternate will encourage such full participation in the General Assembly; now, therefore be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, September 9, 2006, that the League allow city councils in member cities to designate one voting delegate and up to two alternates by amending~ section 3 of Article V (Membership Meetings) of the League bylaws as follows: Section 3: City Delegates as General Assembly. (a) Designation. Each Member City may, with the approval of the city council, designate a city official as the city's designated voting delegate ov an& in the event that the designated votin~ deleeate is unable to serve in that capacity, up to two alternate voting delegates. (b) Membership Decision-making Body. Designated voting delegates (or their alternates) constitute the League's General Assembly. (c) Registration for Annual Conference. For General Assemblies held in conjunction with the Annual Conference, designated voting delegates must register to attend the Annual Conference Bylaw language additions are indicated by underlining; deletions are indicated by sta',~kc cut.% Background Information on Resolutions #1 and #2 Source: League Board of Directors Titles: - Resolution Relating to Annual Conference Resolution Procedures · Resolution Relating to the Number of Alternate Voting Delegates a City May Designate - Bylaws Amendment Background: At its November 2005 meeting, the League Board of Directors authorized the League President to appoint a committee consisting of board members and others to review the issues and problems related to the League's Annual Conference resolutions process and to recommend changes to remedy the problems. The changes would be accomplished either through an Annual Conference resolution, new board policy, changes to internal League procedures, or other mechanisms. The Committee included the following individuals: Pat Eklund, Council Member, Novato (Chair) Paul Leullig, Council Member, Barstow Kara Ueda, Assistant City Attorney, Davis Debbie Cook, Council Member, Huntington Beach Pamyla Means, City Clerk, Irvine Marland Townsend, former Council Member, Foster City The need for the committee stems from the difficult and often divisive experience at last year's Annual Conference related to Proposition 76. Issues and problems that arose at the conference included whether petitioned resolutions can be amended by the General Resolutions Committee, whether the League should take a position on a ballot measure where the membership is divided, how to fairly provide opportunities for public comment at the conference, and perceived inappropriate lobbying of voting delegates of the resolution at the conference by supporters and opponents of Proposition 76. In addition, prior to and during the conference, city officials and League staffidentified other issues and procedures related to the resolutions process that warrant evaluation and potential modification. Some are minor, technical modifications or procedural changes, while others involve resolving inconsistencies between the provisions of the League bylaws and the League's historical practices or resolving ambiguities in our procedures. Committee Review Process: The Annual Conference Resolutions Process Committee met by conference call four times to discuss and make recommendations on the following Annual Conference Resolutions process topics. 1. Resolutions Referral to Policy Committees and Moving Resolutions from General Resolutions Committee to General Assembly 2. General Resolutions Committee and General Assembly - Pubic Comment 3. Credentials Committee 4. Voting Delegates 5. Resolutions - Procedures Related to Multiple Petitioned Resolutions that are Identical or Similar 6. Resolutions Related to League Positions on Ballot Measures 7. Voting and Lobbying at the General Assembly 8. Resolutions - Amending Petitioned Resolutions The Administrative Services Policy Committee reviewed the committee's recommendations in March and unanimously adopted the recommendations from the special committee. The League Board concurred and approved the recommendations, with the exception of the recommendation related to amending petitioned resolutions. The Board modified the recommendation regarding amendment petitioned resolutions to clarify that petitioned resolutions may not be amended by the General Resolutions Committee. Implementation for 2006: In addition to the items included in this resolution, the committee and Board adopted a number of procedural changes that have been or will be implemented through internal staff procedures. For example, consistent with the League's bylaws, cities must demonstrate that designation of their voting delegates and alternates are the result of council action. In the past, some cities have provided documentation of council action (or affirmed that the designation reflects council action), but many cities did not. The League has reaffirmed this requirement in voting delegate the information sent to cities. As stated in the resolution, because the Annual Conference Resolution acted upon at the 2006 conference will not go into effect until the 2007 conference, the Board of Directors has adopted, as an interim policy, the substance of the resolution so that it can be implemented in 2006. The exception is the recommendation to increase the number of alternate voting delegates to two. Bylaws Change: The committee recommended, and the Administrative Services Policy Committee and Board agreed, that the number of voting delegate alternates that cities may designate should be increased from one to two. This is recommended to provide greater flexibility to cities and city officials who have last minute problems with travel plans and so that their city can participate in the General Assembly and be able to cast a vote on the resolutions This requires a bylaws change, which must pass by a two-thirds vote to be adopted. Resolution No. 2 would implement this recommendation. As a bylaws change, it requires a 2/3 vote to be approved. I/1H1/IH RESOLUTION REFERRED TO COMMUNITY SERVICES POLICY COMMITTEE RESOLUTION RELATING TO ENCOURAGING HEALTH AND WELLNESS IN CITIES Source: Community Services Policy Committee, and Recreation, Parks & Community Services Department Referred to: Community Services Policy Committee Recommendation to General Resolutions Committee: WHEREAS, in 2004, the League adopted an Annual Conference resolution to encourage cities to embrace policies that facilitate activities to promote healthier lifestyles and communities, including healthy diet and nutrition and the adoption of city design and planning principles that enable citizens of all ages and abilities to undertake exercise; and WHEREAS, one of the League of Califomia Cities strategic goals for 2006 is to promote and develop safe and healthy cities; and WHEREAS, the members of the League's Recreation, Parks Community Services Department, which consists of professionals within city departments such as parks and recreation, libraries and human services, has expertise in the field of healthy cities; and WHEREAS, the City, County, State (CCS) Parmership, of which the League is a member, is encouraging local government to adopt and promote policies and programs that address issues of health and well-being; and WHEREAS, many cities currently provide health and wellness programs, promote planning principles that provide a healthy environment, and have excellent examples of successful programs; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, September 9, 2006, that the League, in cooperation with the Community Services Policy Committee, the Recreation, Parks and Community Services Department, and the CCS Partnership, work together to develop a clearinghouse of information that cities can use to promote wellness policies and healthier cities; and, be it further RESOLVED, that this activity take the form of a toolkit on the League's website for cities to visit in order to share, find and develop successful models of health and wellness to use in their respective communities to achieve the goal of safe and healthy cities; and, be it further RESOLVED, that Health and Wellness programs become a topic for the Helen Putnam Awards Program beginning in 2007; and, be it further RESOLVED, that the three groups continue to work throughout 2007 in an effort to implement this resolution. RESOLUTION REFERRED TO PUBLIC SAFETY POLICY COMMITTEE RESOLUTION RELATING TO FORFEITURE OF VEHICLES USED IN ILLEGAL SPEED CONTESTS AND EXHIBITIONS OF SPEED Source: City of Elk Grove Referred to: Public Safety Policy Committee Recommendation to General Resolutions Committee: WHEREAS, according to public safety professionals, illegal speed contests and exhibitions of speed pose a real, serious threat to the health and safety of the public, interfere with pedestrian and vehicular traffic, create a public nuisance, and interfere with the right of individuals and businesses to enjoy the use of their property; and WHEREAS, public health and safety can be enhanced when illegal speed contests and exhibitions of speed are discouraged and prevented by the enactment of local ordinances that seek to impose forfeiture of vehicles used in such events as a penalty for illegal speed contests and exhibitions of speed; and WHEREAS, California state law does not appear to expressly authorize cities or counties to enact local ordinances that impose vehicle forfeiture as a penalty for illegal speed contests and exhibitions of speed; and WHEREAS, consistent with the mission and core beliefs of the League of California Cities, providing cities and counties with the flexibility in state law to impose the penalty of vehicle forfeiture for illegal speed contests and exhibitions of speed enhances public safety and facilitates local control; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities, assembled in Annual Conference in San Diego, September 9, 2006, that the League co-sponsor state legislation to expressly authorize cities and counties to impose vehicle forfeiture as a penalty for illegal speed contests and exhibitions of speed. Background Information on Resolution #4 Source: City of Elk Grove Title: Resolution Relating to Forfeiture of Vehicles Used in Illegal Speed Contests and Exhibitions of Speed Background: Street racing is a growing concern not just in the City of Elk Grove, but in many communities statewide. In order to protect public health, safety, and welfare, cities and counties may seek to enact ordinances to address this problem, including ones that would impose vehicle forfeiture as a penalty for illegal speed contests and exhibitions of speed. Unfortunately, state law does not appear to expressly authorize cities or counties to enact such ordinances and they may be vulnerable to court challenge. The City of Elk Grove is submitting this resolution to seek League co-sponsorship of legislation that would expressly authorize cities or counties to enact local ordinances at their discretion - that may impose vehicle forfeiture as a penalty for illegal speed contests and exhibitions of speed. /Ill/W/II [NOTE: No resolutions were assigned to the following policy committees: Employee Relations; Environmental Quality; Housing, Community & Economic Development; Revenue and Taxation; and Transportation, Communication & Public Works.] UKIAH REDEVELOPMENT AGENCY AGENDA SUMMARY REPORT ITEM NO. 7a DATE: Auf:lust 16, 2006 SUBJECT: RECEIVE REPORT FROM UKIAH MAIN STREET PROGRAM REGARDING ACTIVITIES ON BEHALF OF THE REDEVELOPMENT AGENCY FROM JULY 2005 THROUGH JUNE 2006 The performance agreement between the Ukiah Main Street Program (Main Street) and the Ukiah Redevelopment Agency (RDA) outlines the work to be performed by Main Street during the term of the agreement (July 1, 2005 through June 30, 2006) as a part of the public/private partnership between Main Street and the RDA for downtown revitalization. The work to be performed by Main Street includes recruitment and retention of downtown businesses, production of a downtown newsletter, coordination of downtown promotions, and implementation of the business and property ownership pride program. The performance agreement further provides that Main Street is to provide annual and financial reports to the RDA during the term of the contract. The attachments to this report briefly describe the accomplishments of Main Street, include the financial statements for 2005, and provide the approved work plans for the Design, Economic Restructuring, Organization and Promotions Committees. This Agenda Item ~s being presented for the RDA's information and receipt. Main Street representatives will be present at the meeting to present the report to the Agency. RECOMMENDED ACTION: After discussion, receive report. ALTERNATIVE COUNCIL POLICY OPTION: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Ukiah Main Street Program Staff initiated Sandra Liston, Associate Planner Candace Horsley, City Manager 1. Letter from Main Street President dated May 8, 2006 2. Design Committee Work Plan 2006 3. Economic Restructuring Committee Work Plan 2006 4. Organization Committee Work Plan 2006 5. Promotions Committee Work Plan 2006 6. Financial Statements as of December 31, 2005 Candace Horsley, City Managef,~ APPROVED: UKIAH MAIN STR PRO()g'AM Board of Directors Robert Palafox Building Designer President Tom Liden Photography Vice President Edn Powis Savings Bank Treasurer Judy Pruden Secretary Planning Commissioner City of Ukiah Richard Hansen SaberNet Mike Spencer KWNE & KMKX Lynda Hassett Shaklee Distdbuter John Bogner Realty Wodd Se~erRealty Jim Wattenbutger County Supervisor Ex Officio Directors Sage Sangiacomo City of Ukiah Marl Rodin Council Member City of Ukiah Staff Joy Beeler Executive Director Amanda Hair Assistant in charge Of Promotions THE MISSION OF THE UKIAH MAIN STREET PROGRAM IS TO PRESERVE AND ENHANCE WHAT MAKES UKIAH A GREAT PLACE May 8, 2006 ATTACHMENt,, I Mayor Mark Ashiku Ukiah Redevelopment Agency 200 Seminary Ave. Ukiah, Ca. 95482 Dear Mayor & Redevelopment Agency Members, First of all I would like to thank you for your continued support of our Program. Enclosed is the road map that Ukiah Main Street Program volunteers and staff will be following for the next year. It is a guide - one that was developed through a collaborative process. The process uses as its foundation the Ukiah Main Street's Mission and Vision for the downtown distdct to preserve and enhance what makes Ukiah a groat place. We envision the heart of Ukiah being the economic and cultural center of a thdving small town community. We pursue this vision through; promotion, partnership, education, advocacy, preservation and beautification. In 1987 Ukiah adopted the Main Street approach and for the past 19 years we have focused our program on histodc downtown, the heart of our community, to save its histodc buildings, to revive its commercial core, to strengthen business, to control community-eroding sprawl, and keep a sense of place and community life in Downtown Ukiah. In the coming year, work plans will be developed for each of the projects listed. These work plans will provide a step-by-step framework to ensure that all of the projects be cost-effective and of high quality. We simply cannot expand our program to meet the needs of the downtown community without your continued support and partnership. In order to provide these valuable services for our community we would like to continue our contract with you in the amount of $25,000. We aro proud of our accomplishments thus far, and look forward to doing even moro. I would like to again express my sincere gratitude to the Ukiah Redevelopment Agency for your continued partnership and cooperation this past year. Robert Palafox President, Ukiah Main Street Program 200 S. School St, Uldah CA 95482 * [707 463-6729 * 707 462-2088 fax * m ] st'; acifi( net ( ) _~,: ._p wv~v.u kiahm ainstr eetprogram, org Last year's accomplishments include: * Volunteer hours 2,444 x min\wage $6.75 $16,497 · Public sponsomhip dollars $33,871 · In kind sponsorship $53,460 · Fundraiser events $84,528 · Membership $25,626 Event attendance 30,102 x average spending per person $30 = $903,060 in possible revenue generated from events and festivals In compliance with our performance agreement we have accomplished: · Property for sale or lease brochure & on website · Downtown directory brochure & on website · Economic Restructuring Committee providing business outreach · Quarterly newsletter distributed to property and business owners · Promotions such as; Holiday Trolley, tree lights, Pumpkinfest, Taste of Downtown, Farmers Market · Spring clean up · Landscaping and watering of planter triangles · Business & property award program In addition to our agreement we have accomplished: · Four workshops on business plan writing · Business plan writing contest · Deep Valley Brew Fest · Fabulous Flashback Car Show · Downtown Halloween · Christmas promotion · Movies in the Plaza · Ukiah Art Stroll · Comedy Alley · Legends of the Redwoods Marathon In the current year, along with our performance agreement we are looking forward to accomplishing these expanded or additional projects: · Resource lists for technical assistance for business owners · Kid's day downtown with horse & buggy rides, water world, fire truck, police, activity booths, merchant specials etc... · What to do while you're here packets for conference Center attendees; merchant coupons, maps and event listings. · Flowering planter pots on School & State Streets · Directional downtown signage off 101, begin process with Caltrans · More retail-oriented promotions · Hold merchandising workshop for business owners · Downtown banners that celebrate our community The National Main Street Center estimates that for every dollar a community invests in its local Main Street Program, $39.22 is reinvested in the district. With an average cost of $1,878 per job created, it is also one of the most effective economic development programs in the country. A'I'I'ACHMENT 0 ~o ATI'ACHMEN'[... ,_~ A'I'TACHM ENT ~ 0 z A]-FACHMENT 5'--' A'I-¥ACH M ENT. ~ MAIN STREET PROGRAM, INC. FINANCIAL STATEMENTS AS OF DECEMBER 31, 2005 UKIAH MAIN STREET PROGRAM, INC. FINANCIAL STATEMENTS DECEMBER 31, 2005 TABLE OF CONTENTS Independent Accountant's Review Report Financial Statement Statement Of Assets, Liabilities and Net Assets - Cash basis Statement Of Revenues, Expenses and Net Assets - Cash Basis Statement Of Cash Flows - Cash Basis Notes To The Financial Statements Supplementary Information Supplementary Schedules '4 11 MICHAEL A. CELENTANO Certified Public Accountant 205 West Gobbi Street Ukiah, CA 95482 Board of Directors Ukiah Main Street Program, Inc. Ukiah, CA 95482 I have reviewed the accompanying statement of assets, liabilities, and net assets - cash basis of Ukiah Main Street Program, Inc. as of December 31, 2005, and the related statement of revenues, expenses and net assets and cash flows for the year then ended, in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants. All information included in these financial statements is the representation of management of Ukiah Main Street Program, Inc. A review consists principally of inquiries of company personnel and analytical procedures applied to financial data. It is substantially less in scope than an audit in accordance with generally accepted auditing standards, the objective of which is the expression of an opinion regarding the financial statements taken as a whole. Accordingly, I do not express such an opinion. Based on my review, I am not aware of any material modifications that should be made to the accompanying financial statements in order for them to be in conformity with the cash basis of accounting, as described in Note 1. The supplementary information of page 11 has not been audited, reviewed or compiled by me and accordingly I assume no responsibility for it. Michael A Celentano Certified Public Accountant Apfill0,2006 Phone (707) 468-8911 3 E-Mail: maccpa~sonic.net Fax(707) 468-3881 UKIAH MAIN STREET PROGRAM, INC. STATEMENT OF ASSETS, LIABILITIES AND NET ASSETS - CASH BASIS DECEMBER 31,2005 ASSETS Cash and cash equivalents - Note 2 Total Assets LIABILITIES AND NET ASSETS Net Assets Unrestricted Undesignated Total Net Assets Total Liabilities and Net Assets $ 43,739 $ 43.739 43,739 43,739 The accompanying notes are an integral part of these statements 4 UKIAH MAIN STREET PROGRAM, INC. STATEMENT OF REVENUES, EXPENSES AND NET ASSETS - CASH BASIS FOR THE YEAR ENDED DECEMBER 31, 2005 Revenue, Gains and Other Support Donations Grants Total Donations Other support Fundraising events (net of expenses) Sponsorship income (net of expenses) Fees for services Membership income Vendor income Interest income Sundry Total Other Support Total Revenues, Gains and Other Support Expenses and Losses Program services Program expenses General administrative expense Total Program Service Expenses Total Expenses and Losses Increase in Net Assets · Net Assets, January 1,2005 Net Assets, December 31,2005 Totals Unrestricted 2005 $ 25,000 25,000 25,000 25,000 61,613 61,613 (6,429) (6,429) 21,551 21,551 4,075 4,075 8,400 8,400 524 524 194 194 89,928 89,928 114,928 114,928 8,412 8,412 102,399 102,399 110,811 110,811 110,811 110,811 4,117 4,117 39,622 39,622 The accompanying notes are an integral part of these statements 5 UKIAH MAIN STREET PROGRAM, INC. STATEMENT OF CASH FLOWS - CASH BASIS FOR THE YEAR ENDED DECEMBER 31,2005 Cash Flows From Operatinq Activities Increase in net assets Net Cash Provided by Operating Activities Increase in Cash and Cash Equivalents Cash and Cash Equivalents, January 1, 2005 Cash and Cash Equivalents, December 31, 2005 $ 4,117 4,117 4,117 39,622 $ 43,739 The accompanying notes are an integral part of these statements 6 UKIAH MAIN STREET PROGRAM, INC. NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2005 Note 1 - Nature of Activities and Significant Accounting Policies General Information The Ukiah Main Street Program was formed in 1987 when the existences of Ukiah's traditional commercial district was threatened by the increasing flight of downtown merchants, which rendered the historic downtown area vulnerable to deterioration, and ultimately, the loss of structures and sites important to its historic character. The Ukiah Main Street Program has worked to reverse this trend by undertaking activities designed to preserve its traditional downtown area as a healthy, economically vital center of commerce and social activity and to promote preservation, rehabilitation and re-use of the commercial, civic, residential and religious buildings in the traditional business district. Nature of Activities I. Getting the Historic Downtown District into top physical shape. Capitalizing on historic buildings and the traditional downtown district created through window displays, signs, sidewalks, lighting and landscaping. 2. Strengthening the existing downtown business community, as well as recruiting new business to downtown in response to today's market. 3. Building consensus and cooperation among the groups that have an important stake in the Historic Downtown District. 4. Marketing the districts unique characteristics to shoppers, investors, new business and visitors through advertising, historic downtown promotion, special events and marketing campaigns. Accounting Method The Program's policy is to prepare financial statements on the modified cash basis of accounting. This basis recognizes assets, liabilities, net assets, revenues and expenses when they result fi:om cash transactions with provisions for depreciation. This basis is a comprehensive basis of accounting other than principles generally accepted in the United States of America. 7 As a result of the use of this modified cash basis of accounting, certain assets and their related revenues (such as receivables) and certain liabilities (such as accounts payable and accrued expenses) are not recorded in these financial statements. If the Program utilized the basis of accounting recognized as generally accepted, the financial statements would use the accrual basis of accounting. .Use of Estimates The preparation of £mancial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities at the reporting date and revenues and expenses during the reporting period. Actual results could differ from those estimates. Accounting for Contributions Generally accepted accounting principles require that the Program present information about its financial position and activities in three classes of net assets: unrestricted, temporarily restricted, and permanently restricted. In these reporting periods, the Program had only unrestricted. The Program would report contributions as restricted if they are received with donor stipulations that limit the use of the donated asset. When a donor- imposed restriction expires, that is, when the time restriction ends or the purpose restriction is accomplished, then temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restrictions. When restrictions on contributions are satisfied in the same period as the receipt of the contribution, the Program reports both the contribution revenue and the related expense in unrestricted net assets. Income Tax No provision is made for income taxes. The Program is a non-profit tax exempt organization under Internal Revenue Code Section 501(c) (4) and California Revenue and Taxation Code Section 2370(d). All programs operated by the Program are exempt from income taxes because they are considered an integral part of its charitable activities and purpose. The Program qualifies for charitable contribution deductions under the Internal Revenue Code. Cash and Cash Equivalents and Other Disclosures for Statement of Cash Flows For the purpose of the statement of cash flows, the Program considers all unrestricted highly liquid investments with an initial maturity of three months or less to be cash equivalents. Compensated Absences All regular employees who work 20 hours or more per week accrue vacation leave. The amount of accrual depends on the length of employment and ranges from a maximum accrual of 5 to 20 days per year per employee. In the event of a termination an employee is reimbursed for any unused accumulated vacation leave. The accrued balance of this benefit as of December 31, 2005 is zero. Sick leave is accrued up to a maximum 6f20 days per employee depending on the length of service. The sick leave is not vested, and accordingly, employees can be paid sick leave only when sick or caring for an illness within the immediate family. Since the employees' accumulated rights to receive compensation for future absences are contingent upon the absences being caused by future illness and limited to 20 days per employee, a liability for unused sick leave is not recorded in the financial statements. Note 2 - Cash and Cash Equivalents As of December 31, 2005 cash consisted as follows: General operating checking Savings account $ 41,831 1,908 $ 43.739 All the above are considered cash and cash equivalents and approximate fair market value. They are highly liquid and are either insured by the FDIC or collateralized. UKIAH MAIN STREET PROGRAM, I NC. SUPPLEMENTARY SCHEDULES FOR THE YEAR ENDED DECEMBER 31,2005 Fundraisinq Events Annual Dinner Brew Tasting Comedy Alley Concerts in the Park Moonlight Movie Madness T-Shirt Taste of Town Revenue Expenses Net $ 1,079 $ 1,496 $ (417) 2,445 3,538 (1,093) 55,494 21,195 34,299 9,166 180 8,986 855 1,600 (745) 191 191 26,684 6,292 20,392 $ 95.914 $ 34.301 $ 61.613 Sponsorship Expense Art Stroll Business Plan Grant Program Farmers Market Holiday Preview -"~6~7' Triangle Pumpkinfest Trick~or-Treat $ 1,050$ 3,356 $ (2,306) 600 150 450 750 2,638 (1,888) 4,872 5,988 (1,116) 900 900 2,206 (2,206) 500 763 (263) $8.672 ~ 15.101 $ f6.429~ Pro.qram Expenses Asethetic improvements Marketing $ 6,246 2,166 General Administrative Expenses ~.~t~cj~an~d bookkeeping .~d'~9.rtisin g Business expense Contract services . Cqp ~s ~ ;.;Q~e-s....~Ed~.s u b sc rip t ion s .E~pment repair Insu~nc9 ' M~b~rship expense M[scefJaaeous ~e.w~[~t~ ~ - O~ce payroll Payroll taxes and related expenses Postage Rent Seminars Taxes Utilities 8.412 1,833 3OO 825 443 1,353 1,279 900 1,702 56O 2,111 412 2,715 65,570 10,109 80t 3,648 3,827 2,301 1,710 UKIAH REDEVELOPMENT AGENCY AGENDA SUMMARY REPORT ITEM NO. 7b DATE: August 16, 2006 SUBJECT: CONSIDERATION AND APPROVAL OF PERFORMANCE AGREEMENT WITH UKIAH MAIN STREET PROGRAM AND AUTHORIZATION FOR EXECUTIVE DIRECTOR TO EXECUTE AGREEMENT In 1998 the Redevelopment Agency (RDA) entered into an agreement with the Ukiah Main Street Program (Main Street) to support its efforts in downtown promotions and economic development. The original agreement established long term and on-going projects, to be reviewed and updated on an annual basis. Staff met with Main Street representatives for the purpose of reviewing accomplishments of the 2005/2006 agreement and setting goals and objectives for the upcoming year. During the past fiscal year, Main Street fulfilled the goals and objectives of the agreement and continued to provide representation of the RDA within the downtown business community. As a part of its downtown business recruitment and retention activities, Main Street created and maintained a brochure of property for sale or lease within the downtown as well as a downtown business directory. As a part of its promotional activities, Main Street coordinated the Holiday Trolley, downtown tree lights, Ukiah Country Pumpkinfest, Taste of Downtown, and Downtown Farmers' Market. Significantly, Main Street expanded the scope of the promotions beyond the terms of the performance agreement to include the Ukiah Art Stroll, Movies in the PLaza, Home for the Holidays, Holiday Preview, Downtown Halloween, Fabulous Flashback Car Show, Comedy Alley and the Deep Valley Beer Festival. in accordance with the performance agreement, Main Street published its quarterly newsletter, landscaped and maintained the School Street planter triangles, conducted a downtown cleanup day, (continued on page 2) RECOMMENDED ACTION: Approve Performance Agreement with the Ukiah Main Street Program for fiscal year 2006/2007 and authorize Executive Director to execute agreement. ALTERNATIVE COUNCIL POLICY OPTION: 1. Determine agreement requires revision and approve as revised. 2. Determine approval is inappropriate and do not move to approve. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Ukiah Main Street Program Staff initiated Sandra Liston, Associate Planner Candace Horsley, City Manager 1. 2006/2007 Performance Agreement APPROVED: (~'J ~ Candace Horsley, City M~lnager initiated a planter program for downtown business beautification, and sponsored a business and property award program. Staff believes the ongoing relationship with Main Street, established through previous agreements, is productive and beneficial to the RDA's downtown revitalization efforts. Accordingly, staff prepared the attached draft Performance Agreement for 2006/2007 (Attachment 1) which essentially continues the terms, conditions, and services of the previous year's agreement. The term of the Agreement is for one year commencing July 1, 2006 and ending June 30, 2007. Staff believes Main Street has been a strong partner and a positive presence in the community and is recommending approval of the attached agreement for $25,000 and authorization for the Executive Director to execute the agreement. ATTACHMENT~ ! PERFORMANCE AGREEMENT between the UKIAH REDEVELOPMENT AGENCY and UKIAH MAIN STREET PROGRAM This Agreement is made this 1st day of July, 2006, by and between the Ukiah Redevelopment Agency, a redevelopment agency for the City of Ukiah, herein called "Agency," and the Ukiah Main Street Program, Inc., a California non-profit, public benefit corporation, herein called "Main Street." RECITALS 1. The Agency is interested in maintaining a supportive relationship with the organizations that assist the Agency in the planning and management of downtown revitalization. 2. The Agency has determined that Main Street, based on the national Main Street model, provides activities which help to promote and revitalize downtown Ukiah. The four elements contributing to the economic development and revitalization of downtown, each of which receives careful and balanced attention, are: organization; promotion; design; and economic restructuring. 3. Main Street is duly organized to promote and undertake downtown revitalization activities. 4. The Agency has designated Main Street to undertake revitalization activities. 5. The Agency desires to plan and manage the Main Street Program and downtown revitalization as a public/private partnership. NOW, THEREFORE, in consideration of the above-recited facts and agreement contained herein, it is agreed as follows: A. WORK TO BE PERFORMED The following work shall be performed by Main Street under the terms and duration of this Agreement: 1. Downtown Business Recruitment & Retention a. Main Street shall maintain and distribute to all interested parties an inventory of all vacant and available properties within the Business Improvement District (AB 1693 area; "District"). Main Street staff shall maintain the property information database to include location, size, zoning, and property or building amenities. All property owners and merchants within the District, local commercial leasing agencies, the Greater Ukiah Chamber of Commerce, and the Agency shall be provided a copy of the inventory each quarter of every year. The inventory shall be available in the Main Street office and shall be provided to all parties contacting Main Street for information related to business location within the District. b. Main Street shall complete and publish a downtown promotional packet of materials, including, but not limited to, a downtown rental property brochure, business directory brochure and map, for distribution to new and prospective businesses. Agency staff shall assist Main Street with the composition and publication of materials. c. Main Street shall continue to provide a small business outreach team comprised of representatives from the City of Ukiah, Main Street, and other business service organizations such as the Chamber of Commerce and/or Downtown Merchants Association. The purpose of this group shall be to assist and guide new businesses that request information relating to available business assistance services and information relating to the building and development process. 2. Downtown Newsletter Main Street shall continue to produce a quarterly newsletter which shall be distributed to all businesses within the Business Improvement District. The newsletter shall provide informational updates regarding, but not limited to, such issues as downtown parking, new businesses in the District, recent and pending events, business educational opportunities, and general business assistance information. The Agency shall assist Main Street with the composition of the newsletter. 3. Downtown Promotions a. Main Street shall continue to coordinate current downtown promotions, including, but not limited to, community events, Holiday Trolley, downtown tree lights, Ukiah Country Pumpkinfest, Taste of Downtown, and Downtown Farmers' Market. The Agency shall assist Main Street in the utilization of volunteers to complete these projects and will purchase a portion of the lights necessary for the seasonal tree lighting of School Street. b. Main Street also shall conduct meetings with the Agency in advance of any event, project, or program involving both the Agency and Main Street to define respective levels of participation, accountability, and recognition. 4. Business and Property Ownership Pride Proqram a. Main Street and the Agency shall jointly continue to implement the program encouraging business and property owners to initiate and adopt a cleanup and maintenance program of the storefronts, walkways, trash and recycling facilities, and street planters within the District. Pursuant to this section, the Agency and Main Street shall assist downtown business and property owners through the offering of constructive suggestions regarding cleanup and general beautification of property as well as information as to what type and where assistance may be available for their beautification effort. b. Main Street agrees to promote a Business and Property Award Program, which establishes and presents awards for outstanding business presentation and property maintenance. Criteria for determining awardees shall be developed in coordination with Agency staff. c. Main Street shall also coordinate maintenance of the downtown with the assistance of downtown building and business owners. The intent of the program is to encourage business owners to maintain the storefront walk and planters and assist with Main Street's biannual downtown cleanup. 5. Representation Main Street shall provide Agency the option of two (2) ex officio representatives on Main Street Board of Directors. B. RECORDS, REPORTS AND ACCOUNTABILITY Main Street agrees to submit a semi-annual progress report to the Agency's Executive Director which shall detail accomplishments relative to the items cited in "A," above. Said semi- annual reports shall be submitted by January 31, 2007 and by May 31, 2007. Main Street shall maintain a bookkeeping system and books of account in accordance with generally accepted accounting principles consistently applied, which segregate the accounting and utilization of Agency contributions from other sources of Main Street revenue. Agency shall have access to said books of account during regular business hours for purposes of inspection and audit. Main Street shall fully cooperate with the Agency and its agents and accountants during any such inspection and audit, including, but not limited to, making its employees, accountants, bookkeepers, or officials available to provide any requested information or documents. A copy of financial records shall be provided to the Agency by May 31, 2007. Furthermore, the Agency and Main Street shall meet by May 31,2007, and determine the extent to which the agreed upon tasks in Section A (above) have been completed, accomplished, or maintained in order to assess the degree to which the Agency's financial contribution has been satisfied. The results of this annual review shall be critical to the continued financial support extended to Main Street by the Agency, and/or the level of support deemed appropriate. Any and all future Agreements between Main Street and the Agency shall not only be predicated on Main Street's on-going ability to accomplish the prescribed tasks contained in the "Work to be Performed" section above, but also shall be dependent on the Agency's ability to garner available funds from its budget to support Main Street. Unforeseen budget shortfalls or financial constraints affecting the Agency may cause its support of Main Street to diminish or cease, depending upon the severity of the budget shortfall and/or financial constraint. C. FINANCIAL CONTRIBUTION BY AGENCY In consideration of Main Street's valuable contribution to the economic development and revitalization of the downtown core, and under the terms of this Agreement, the Agency shall contribute to Main Street the sum of Twenty-Five Thousand Dollars and No Cents ($25,000.00) in order for Main Street to accomplish the specific scope of work identified in Section A above. This sum of money shall constitute the entirety of Agency's financial contribution to Main Street during the effective dates of this Agreement (July 1, 2006 to June 30, 2007), and all pre-existing forms of contribution, be they implied or stated, monetary or in-kind services, shall cease and no longer be maintained, including the free use of office space and office equipment at the Ukiah Valley Conference Center. Accordingly, Main Street's continued occupancy of office space at the Ukiah Valley Conference Center will be subject to perfection and execution of a lease agreement which provides for monthly payments to the Ukiah Valley Conference Center for use and occupancy of Conference Center office space. D. FUTURE FINANCIAL CONTRIBUTIONS BY AGENCY Beyond the terms of this Agreement, and in consideration of future agreements, the Agency considers it Main Street's goal and responsibility to generate its own revenue, and eventually achieve relative self sufficiency. Towards this end, the Agency generally intends to base foreseeable future 3 contributions to Main Street on a percentage of the revenue generated by Main Street, and specifically anticipates that such a contribution will consist of ten percent (10%) of the revenue generated by Main Street. Such a contribution scheme nevertheless will be based on the Agency's future ability to afford making the contributions, and on Main Street's continued ability to achieve the work items associated with past agreements. Moreover, at such time in the future as Main Street is able to balance its budget by generating enough independent revenue to cover its expenses, the Agency may discontinue making contributions to Main Street. In the meantime, Main Street remains a growing entity dependent upon Redevelopment Agency support. E. INSURANCE AND INDEMNIFICATION During the term of this Agreement, Main Street agrees to indemnify and hold harmless the Agency, its officers, agents, and employees from and against any and all claims, losses, defense costs, or liability of any kind or nature which the Agency, its officers, agents, and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property as a result of, arising out of, or in any manner connected with Main Street's performance under the terms of this Agreement, excepting only liability arising out of the sole and active negligence of the Agency. Without limiting Main Street's indemnification, it is agreed that Main Street shall maintain in force at all times during the performance of this Agreement, the following policy or policies of insurance approved by the Agency and issued by admitted California insurers approved by the Agency covering its operations: 1. Comprehensive General Liability, including contractual liability, products, and completed operations and business automotive liability, all of which shall include coverage for both bodily injury and property damage with a combined single limit of One Million Dollars ($1,000,000). 2. Worker's Compensation coverage at statutory limits. Agency. The certificates of insurance and endorsements shall be completed to the satisfac~onofthe Failure to comply with this paragraph shall furnish the Agency with the right to immediately terminate this Agreement without further notice to Main Street. F. RELATIONSHIP BETWEEN MAIN STREET AND AGENCY Nothing in this Agreement shall be construed as making Main Street or any of its employees or representatives the agent or employee of the Agency for any purpose, or creating between the Agency and Main Street the relationship of legal partners or joint ventures. G. TERM This Agreement shall be effective from July 1,2006, and shall terminate on June 30, 2007. H. TERMINATION FOR NON-PERFORMANCE Except as provided in paragraphs D and E, if any party to this Agreement breaches any provision thereof, then the other party may give the defaulting party a notice to remedy such violation within thirty (30) days. The other party may terminate the Agreement, if such violation is not remedied within said 30 4 days or, if the breach cannot be remedied within such time period, the defaulting has not commenced efforts to cure the breach or fails to diligently complete steps necessary to cure the breach. A waiver by either party of performance of any provision of this Agreement shall not amount to a future waiver of the strict performance of such provisions or of any other provision of this Agreement. I. NON-PERFORMANCE DUE TO CONDITION BEYOND CONTROL OF PARTIES If either party is unable to perform its obligations under this Agreement due to conditions beyond its reasonable control, such as, but not limited to, changes in local, state, or federal laws or regulations arising from legislative changes, judicial interpretations of existing law, vote by the citizens of Ukiah, or administrative action, and not due to the fault or neglect of any party, such failure to perform shall not be deemed a violation of this Agreement provided the party whose performance is so prevented performs its obligation as soon as practicable after the occurrence of the event preventing performance under this Agreement. Such party shall use reasonable diligence to put itself again in a position to carry out its obligations hereunder, and in the event such party does not or cannot within a reasonable time put itself again in a position to do so, the other party may, at its option, terminate this Agreement. J. WAIVER OR MODIFICATION INEFFECTIVE UNLESS IN WRITING No waiver or modification of the Agreement or of any covenant, condition, or limitations herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. Furthermore, no evidence of any waiver or modification shall be offered or received in evidence in a proceeding, arbitration, or litigation between the parties arising out of or affecting this Agreement, or the rights or obligations of any par[y hereunder, unless such waiver or modification is in writing and duly executed. The provisions of this paragraph may not be waived, except as herein set forth. K. SEVERABILITY Should any term or provision of this Agreement become null and void or otherwise unenforceable, the remainder of this Agreement shall remain in full force and effect. L. NOTICE Whenever notice is permitted or required by this Agreement, it shall be deemed given when deposited in the U.S. Mail with proper first class postage affixed thereto and addressed or personally delivered to: Ukiah Redevelopment Agency Attention: Executive Director Ukiah Civic Center 300 Seminary Avenue Ukiah, CA 95482 Ukiah Main Street Program Attention: Executive Director Ukiah Valley Conference Center 200 School Street Ukiah, CA 95482 M. DUPLICATE ORIGINALS This Agreement may be executed in one or more duplicate originals each bearing the original signatures of the parties. When so executed, each such duplicate original shall be admissible to establish the existence and terms of this Agreement. 5 IN WITNESS WHEREOF, this Agreement is executed by the Ukiah Redevelopment Agency and the Ukiah Main Street Program on the day and year first above written. UKIAH MAIN STREET PROGRAM UKIAH REDEVELOPMENTAGENCY Board Chairperson Candace Horsley, Executive Director ATTEST: Gall Petersen-Latipow, Redevelopment Agency Secretary 6