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HomeMy WebLinkAbout2006-10-04 Packetlm m 1 Se m CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 October 4, 2006 6:00 p.m. ROLL CALL PLEDGE OF ALLEGIANCE PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Proclamation Recognizing the Month of October as the 25th Anniversary of the National Women's Political Caucus (NWPC) - Mendocino PETITIONS AND COMMUNICATIONS None APPROVAL OF MINUTES a. Regular Meeting Minutes of September 6, 2006 RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Rejection of Claim for Damages Received from Elizabeth K Strong and Referral to Joint Powers Authority, Redwood Empire Municipal Insurance Fund b. Notification of Emergency Purchase from Polydyne Inc. of 9200 Pounds of Liquid Polymer at the Unit Price of $0.51 Per Pound for the Total Amount of $5,032.17 c. Notification of Award of Bid for the Purchase of Three Whelen Liberty Series Light Bars from Lehr Auto Electric in the Amount of $5,172.00 d. Status of the Lake Mendocino Hydroelectric Power Plant Equipment Refurbishment Emergency e. Rejection of Claim for Damages Received from Tim Abbott and Referral to Joint Powers Authority, Redwood Empire Municipal Insurance Fund f. Award of Bid to Arrow Fencing to Replace Fencing at the Water Treatment Plant that was Damaged January 1,2006 in an Amount Not To Exceed $10,500.00 g. Notification of the Purchase and Installation of One Automatic Gate Controller from Arrow Fencing in the Amount of $7,950.00 h. Notification to Council of the Expenditure of $7,084.56 to LN Curtis & Son's for the Purchase of OSHA Required Firefighter Protective Clothing i. Notification of Award of Bid for the Purchase of Three Motorola Spectra EXTL5000 Radios from Motorola Inc., in the Amount of $8,572.59 j. Award of Bid for Purchase of a 2007 Single Bucket Lift Truck/Aerial Device for the City of Ukiah Electric Department to Altec Industries, Inc. in the Amount of $82,913.63 (plus 2.5% CMAS Surcharge) = g 10. 11. 12. 13. 14. 15. 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. PUBLIC HEARINGS (6:15 PM) a. Adoption of Findings and Final Action on Hull/Piffero Use Permit Application - continued from September 20, 2006 UNFINISHED BUSINESS a. Consider Changes to Ordinance Amending Ukiah City Code Sections 1521 and 1522, Regarding Procurement, Prior to Adoption at Next Meeting - continued from September 20, 2006 NEW BUSINESS a. Award of Contract for CMU Block Wall - 182 E. Gobbi, Specification No. 06-13 b. Award of Contract for Mendocino Drive Storm Drain Replacement, Specification No. 06-12 Discussion on Establishment of a Fire Equipment Sub-Committee Authorize Mayor to Send Letter Supporting Adoption of Proposed Fair Political Practices Commission Regulation for Small Cities Co COUNCIL REPORTS CITY MANAGER/CITY CLERK REPORTS CLOSED SESSION ADJOURNMENT Please be advised that the City needs 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 laws of the State of Califomia that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting set forth on this agenda. Dated this 29th day of September, 2006 Gail Petersen, City Clerk RECOGNIZING THE MONTH OF OCTOBER AS THE 25~ ANNIVERSARY OF NATIONAL WOMEN'S POLITIC~ CAUCUS (NWPC) . MENDOCINO WHEREAS, in October 1981 seven women gathered at the Philo Pottery Inn to hear a presentation by Roberta Hollowell, candidate for U.S. Congress, about the work of the National Women's Political Caucus (NWPC); and WHEREAS, by November 1981 the 20 women necessary to start a caucus had committed to becoming members, thereby launching the NWPC-Mendocino Caucus; therefore, this year marks its 25th Anniversary; and WHEREAS, NWPC Mendocino seeks to increase the role of women at all levels of public service, encourages women to participate in non-partisan and partisan politics and to become knowledgeable about issues that affect their economic and political equality and to create networks that extend and expand the political strength of women; and WHEREAS, promoting equality for all women is at the core of the 2006 celebrations of both NWPC Mendocino's 25th Anniversary, and the national organization of the American Association of University Women (AAUW), 125th anniversary; and WHEREAS, since the founding of these organizations, they have encouraged women to take advantage of their right to vote to make their voices heard; and WHEREAS, the National Women's Political Caucus-Mendocino together with the American Association of University Women's Ukiah Branch urge the community in joining this salute to women for gaining a political voice to make important decisions and providing opportunities for all women in our community to gain skills and the experience necessary to assume leadership roles at all levels; and WHEREAS, on October 7, 1006 the public is invited to attend a celebration of the 25th Anniversary of NWPC-Mendocino along with the AAUW-Ukiah's celebration of the 125th celebration of its national organization at noon at the Saturday Afternoon Club in Ukiah. NOW, THEREFORE, I, Mark Ashiku, Mayor of the City of Ukiah, on behalf of my fellow City Councilmembers, Phil Baldwin, Mari Rodin, John McCowen, and Douglas Crane do hereby proclaim the Month of October to recognize and celebrate the 25~'' ~IAt. VIPER$./IR Y OP dVIPPC-.MEdVBOCI. VO October 4, 200($ ~ ! J~lark.~lshiktt, JWayor :~ NO. ITEM NO: 4a DATE: October 4, 2006 UKIAH REDEVELOPMENT AGENCY CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 September 6, 2006 *8:00 p.m. - SPECIAL MEETING *Or as soon as the meeting may be held in conjunction with the City Council meeting. 1. ROLL CALL 1 AUDIENCE COMMENTS ON NON-AGENDA ITEMS The Ukiah Redevelopment Agency welcomes input from the audience. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda, dispensed 1 APPEAL PROCESSS:46:14 PM Persons who are dissatisfied with a decision of the Redevelopment Agency may have the right to a review of that decision by a court. The Agency has adopted Section 1094.6 of the Califomia Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. m APPROVAL OF MINUTES a. Special Meeting Minutes of May 3, 2006 b. Special Meeting Minutes of August 16, 2006 c. Special Meeting Minutes of August 28, 2006 M/S Baldwin/McCowen to approve the Minutes of May 3, 2006, August 16, 2006 and August 28, 2006. Motion carried by an AYE voice vote. Si CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. None Sm UNFINISHED BUSINESS a. Ar)r~r0val of Resolution Increasinq the Amount of the RDA's Maximum Contribution (Grant) Per Storefront Under the Facade Improvement Proqram and Discussion of Issues Related to the Maximum Contribution Sandra Liston reported that the City Council had taken action at the July 19, 2006 meeting, voting 4 -0 to approve the current fiscal year "minor" fa(~ade improvements in an amount of $10,000 per storefront and "major" facade improvements in an amount not to exceed $50,000 per storefront, or $100,000 total for the fiscal year. The Resolution before the Council is a result of that action. Ms Liston requested approval of the Resolution and discussion of the following items needing clarification: Partial or full use of Facade Grant Funds; Owner-maintenance and Impact of receipt of previous grant funds. Public Comment Opened 8:50:39 PM Speaking in support of the proposed Resolution Lisa Mammina who also encouraged Council members to consider approving applicants having received $10,000 in fa(;}ade improvement grant funds (minor) to be eligible for a $50,000 major improvement grant. Speaking in support of grant funded maintenance. Tom Liden requested Council consider funding of an awning or paint after ten years has elapsed between improvements, as suggested by the Design Review Board. Public Comment Closed 8:56:27 PM M/S Baldwin/McCowen to approve the Resolution which increases the amount of the total contribution per storefront under the Facade Improvement Program for Fiscal year 2006/2007. Motion carried by the following roll call vote: AYES: Commissioner Crane, McCowen, Baldwin and Chairman Ashiku; NOES: None; ABSTAIN: None; ABSENT: Rodin Partial or full u.se of facade .qrant funds: Discussion followed, including the following items: · Encourage community members to participate in the program; · Consider zero or Iow interest loan; · Approve allowing an applicant who has not fully exhausted funds under the initial facade application, return to apply for funding not to exceed the maximum of $60,000, and if allowed to receive the additional funds, guidelines are needed; · Consider including within the requirements of the application, phases and time frames; · Request the Design Review Committee to establish criteria pertaining to grant continuation under new ownership; · Each project should be considered on its own merit. Grant funding anticipated in excess of the completed project should be available for other applicants projects rather than saving for the original applicant; Consensus to continue matter until Councilmember Rodin is in attendance. Owner maintenance Ms Liston stated the Design Review Board discussed the possibility of considering a request for replacement of previous grant-funded awnings or paint, when a ten year period has elapsed with the priority being given to new Facade Improvement requests. · Establish and identify the rules / matrix to use in order to hold the applicant and staff accountable and the mechanism for enforcement; · Define what "maintenance" means Impact of Receipt of Previous Grant Funds · Can special consideration under the current policy be given to the Commission to use these funds in some other way than outlined in the Fagade Improvement for significantly more extensive fagade improvements Consensus to continue matter until Councilmember Rodin is in attendance, based on staff's timelines in bringing back additional information. 7. NEW BUSINESS None 8. COMMISSIONERS REPORTS None 9. EXECUTIVE DIRECTOR REPORTS 10. 11. CLOSED SESSION Adjourned to Closed Session at 9:20:15 PM a. Government Code §54956.8 - Conference with Real Property Negotiator Property: Assessor's Parcel Nos. 180-110-02 and 06 Owner: Ukiah Redevelopment Agency City Negotiator: Candace Horsley Negotiating Parties: Redwood Business Park of Ukiah Under Negotiation: Price and Terms of Payment No Action Taken ADJOURNMENT There being no further business, the meeting was adjourned at 10:45 PM Gail Petersen, Redevelopment Secretary CITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 September 6, 2006 6:00 p.m. ITEM NO: 5.a DATE: October 4, 2006 The Ukiah City Council met at a Regular Meeting on September 6, 2006, the notice for which being legally noticed on September 1, 2006. Mayor Ashiku called the meeting to order at 6:05 pm. Roll was taken with the following Councilmembers present: Crane, McCowen, Baldwin and Mayor Ashiku. Councilmember absent: Rodin. Staff present: City Manager Horsley, Sage Sangiacomo Community Services Director, City Attorney Rapport and City Clerk Petersen6:06:19 PM 2. PLEDGE OF ALLEGIANCE was led by Councilmember Baldwin. , PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Proclamation - United Way Day of Caring September 13, 20066:07:19 PM Councilmember McCowen read and presented the Proclamation to Allyne Brown, Member of the United Way of Sonoma, Mendocino and Lake County Board of Directors and the Chairperson of the local Community Council. b. Appointment of David Smith-Ferri As New Poet Laureate of Ukiah for 2006 -2008 Term6:09:47 PM Community Services Director Sangiacomo introduced Ms Teresa Whitehill, member of the Ukiah Laureate Committee. Ms Whitehill requested the City Council to confirm Mr. David Smith- Ferri for a two-year period. Linda Noel, former Poet Laureate, expressed her appreciation to the Council for their support and introduced Mr. Smith-Fen-i. c. Presentation of Certificate of Appreciation to Ukiah Police Department from Mendocino County 6:13:22 PM Ben Stough, Court Executive Officer for the Mendocino County Superior Court, stated that he and Ms. Dianne Marshall, Therapeutic Courts Administrator, are pleased to present two Certificates of Recognition to the Ukiah Police Department for their continued support of the Mendocino County Therapeutic Court. City of' Ukiah Police Chief, John Williams, accepted Certificates of Recognition from the California State Assembly and the United States Senate. 4. PETITIONS AND COMMUNICATIONS None. , APPROVAL OF MINUTES 6:16:36 PM M/S McCowen/Crane approving the Minutes (Agenda Items 5."a" through 5."e") as submitted a. Regular Meeting Minutes of May 3, 2006 b. Regular Meeting Minutes of July 19, 2006 c. Regular Meeting Minutes of August 2, 2006 d. Regular Meeting Minutes of August 16, 2006 e. Regular Adjourned Meeting Minutes of August 28, 2006 Motion carried by a unanimous AYE vote, with Councilmember Rodin Absent o RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the fight to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. 7. CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. M/S Baldwin/McCowen to approve the Consent Calendar moving Item 7."i" to New Business 11. "e" a. Report of Acquisition of Second Set of 24 Lengths of 2-1/2 Inch Fire Hose from Jaeco Fire and Safety in the Amount of $8,444.18 (including tax and estimated shipping) b. Award of Bid to Nesco Sales & Rentals for the Purchase of a Cargo Reel/Pole Dolly in the Amount of $26,227.91 and Underground Cable Puller in the Amount of $91,536.77 c. Notification to Council Regarding the Award of Bid for 3000 Feet of 750 MCM Aluminum, 600V, Single Conductor Cable to Hughes Supply in the Amount of $7,392.73 d. Notification to Council Regarding the Award of Bid for 5000 Ft. of 500 MCM Aluminum, 600v, XLP Single Conductor Cable to Hughes Supply in the Amount of $9,126.43 e. Award of Bid for 9,000 Feet of 4/0 AWG AL, 15 KV, EPR Insulated, Single Conductor, Jacketed Concentric Neutral Underground Cable to the Okonite Company in the Amount of $27,899.71 f. Rejection of Claim for Damages Received from Rachell L. Boen and Referral to Joint Powers Authority, Redwood Empire Municipal Insurance Fund g. Report to City Council Regarding the Annual Purchase of 50 Tons of Top Dressing Sand and 50 Tons of #20 Deep Coring Sand for the Ukiah Municipal Golf Course from Borges Transfer In The Amount Of $6,116.97 h. Notification to Council Regarding the Award of Bid for 4500 Ft. of#2 AWG, 15KV, EPR Insulated, Single Conductor, Jacketed Concentric Neutral Cable to Champion Wire & Cable in the Amount of $9,939.94 i. Notification to Council of Automatic Increase in Garbage Rates and Fees, Effective October 1, 2006 j. Report of Disposition of Surplused Used Equipment k. Award Purchase of One Gorman-Rupp 8" X 8" Diesel Engine Driven Portable Pump to Thomas and Associates For The Total Amount Of $38,717.80 1. Status of the Lake Mendocino Hydroelectric Power Plant Equipment Refurbishment Emergency m. Approval of Notice of Completion for Airport Improvement Project FAA Grant Work, FAA Grant #3-06-0268-6 & 3-06-0268-7, Specification # 03-10 n. Report to Council on Acquisition for Design Services from SHN for FEMA Disaster Repairs o. Award of Bid to Bell Lumber & Pole Co. for Purchase of Wood Poles for the Renovation of the Lighting System for Field 2 at the Ukiah Sports Complex the Amount of $17,817.54 p. Request for Budget Amendment for Payment of Annual Federal Energy Regulatory Commission (FERC) Administrative Charges for the Lake Mendocino Hydroelectric Power Plant in the Amount of $7,900 q. Notification to Council Concerning the Purchase of Eight Sample Stations from American Machine & Conveyor Corporation in the Amount of $5,795.25 Motion carried by the following roll call vote: AYES: Crane, McCowen, Baldwin and Mayor Ashiku; NOES: None; ABSTAIN: None ABSENT: Rodin 8. 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 9. PUBLIC HEARINGS (6:15 PM) a. Amendment of the Transfer Station Contract to Allow Partial Recovery of Increased Fuel Costs Related to Disposal of Garbage by the Ukiah Transfer Station6:19:51 PM Gordon Elton, Interim Finance Director and Tim Eriksen, Public Works Director, reviewed the provisions within the City of Ukiah's Franchise Agreement with Solid Waste Systems, Inc., (SWS) relative to the transfer station requirement of an annual adjustment to the gate fees. The adjustment is calculated by a rate factor based on 50% of the change in the Consumer Price Index from January 2005 to January 2006, resulting in the following rates: · Increase for self haul from $11.10 to $11.25/cubic yard · increase from $56.71 to $57.51/per ton for compacted garbage Finance Director Elton stated the annual adjustment based on the CPI is brought to the Council as a matter of notification and no action is necessary. comprehensive review is needed prior to approving a surcharge. limited to: Due to increases in fuel, Solid Waste Systems Inc., is requesting an amendment to the current contract, and if approved, would include a one-time increase not to exceed $1.45 per ton, in order to recover a portion of the increase in fuel costs. Lengthy discussion ensued with Councilmembers Crane and McCowen voicing their opinion that a The review would include, but not be · Mixed load surcharge · Rates posted at gate not consistently charged · Demolition and construction debris · Increased value of recyclables, including scrap metal · Savings costs of"possum belly" trucks vs previously-used tracks · Current cost of Workers' Compensation Insurance Public Comment Opened 6:32:53 PM Bruce McCracken of Solid Waste Systems, concurred with Councilmember McCowen that the possum belly trucks do cut down on the load counts however; the fuel increase has gone beyond what the possum belly trucks have saved. Responding to decreases in Workers' Compensation, Mr. McCracken stated that even with the Workers' Compensation Reform, when compared to year 2001, current Workers' Compensation costs are higher. Replying to concerns relative to recyclables and using cardboard bales as an example, Mr. McCracken stated these are commodities and prices vary. John Warren, Accountant for Solid Waste Systems, Inc., stated that Workers' Compensation rates are running the Company around 39%. When the contract became effective in October of 2001, the rates were less than 13%. He stated the Company's position is that they would not approach the City Council for consideration of an increase for items that are controllable; fuel increases are out of the Company's control. 6:36:03 PM Jim Salyers stated that the mixed load surcharge was put into place to promote recycling. He additionally stated that a meeting is scheduled for Thursday, September 7, 2006 with Mendocino Solid Waste Management Authority (MSWMA), Solid Waste Systems and representatives from the City of Ukiah and Mendocino County to discuss the matter of mixed loads. Mr. Salyers stated that the request for the one- time increase due to fuel costs is the issue for discussion and is willing to forego the request, if the Council would rather receive a comprehensive analysis of Solid Waste Systems, Inc. expenditures and revenue. He further reported that Solid Waste Systems, Inc. will be moving forward on the construction/demolition recycle project. City Manager Horsley stated, that based on previous reviews of Solid Waste Systems' records which occurs every three years, approximately four months would be needed in order to complete the review. M/S Crane/McCowen move to instruct staff to discuss a construction and demolition ordinance, analyze rates for recycling and Workers' Compensation return with a recommendation about fuel surcharge in the context of preliminary plans and agreements towards favorable outcome for the City meeting the State's recycle standards, amending the current contract. 7:05:03 PM Discussion followed. City Manager Horsley requested a brief recess in order to speak with representatives from Solid Waste Systems, Inc. Recess: 7:12:16 PM Meeting reconvened: 7:20:50 PM City Manager Horsley reported on the brief meeting, stating: · Per Mr. Warren, SWS's current recordkeeping format is inconsistent with what the City needs to review when analyzing the elements of the contract. Four to six months is needed to recreate the records. · At the September 20, 2006 meeting, a report will be provided on the fuel and scrap metal costs, as well as the savings due to the utilization of the possem belly trucks. · At the September 20, 2006 meeting, a report will be presented regarding mixed load based on the meeting between staff and SWS. Councilmember Crane amended his previous motion to move that staff meet with the contractor to develop contract concepts to provide for a one-year fuel surcharge, and enable language to build multiple rates for materials brought to the transfer station. Seconded by Councilmember McCowen agreeing to the revision to the original motion. Motion carried by the following roll call vote: AYES: Crane, McCowen, Baldwin and Mayor Ashiku; NOES: None; ABSTAIN: None; ABSENT: Rodin 7. CONSENT CALENDAR i. Notification to Council of Automatic Increase in Garbage Rates and Fees, Effective October 1, 2006 M/S Crane/McCowen to approve Consent Calendar Item 7.i Motion carried by a unanimous AYE vote, with Councilmember Rodin Absent 7:25:38 PM 10. UNFINISHED BUSINESS a. Introduction of Ordinance Amending Ukiah City Code Sections 1521 and 1522 Governin? Procurement Procedures - continued from August 16~ 2006 7:25:55 PM City Attorney Rapport reviewed the revisions made to the Ordinance based on discussion at the August 16, 2006 meeting. Referring to page 8. Section D. Miscellaneous, Attorney Rapport stated a third item had been added: 3. "When soliciting bids or proposals, the Purchasing Officer shall use all practically available means to solicit proPosals from qualified bidders who appear on any list of bidders maintained by the City, including the Bidders' List referenced in Section 1521.A.2. The Purchasing Officer may develop specialized bidders' lists for each type of contract described in this Section 1522, including contracts for equipment and supplies, public projects, personal service and maintenance services. The Purchasing Officer shall notify potential suppliers or contractors who contact the City of the opportunity to be listed on bidders' lists, including through the City' s website". Attorney Rapport stated that a provision regarding separating out utility systems is included within the revised Ordinance. The provision provides that the utility department may use procedures for informal and formal bidding under the Uniform Construction Cost Accounting Act pending adoption of a Resolution which establishes the procedures. A request for an opinion from a member of the Uniform Construction Cost Accounting Act Commission regarding this matter has been sent. To date, no response has been received. Lengthy discussion ensued in response to Councilmember Crane's comments and recommendations regarding the Ordinance. · Insert: "and on the City's website" (Section One, 1521, A.l."Published Notice", last sentence). · Insert verbiage stating that the specified license or any other license that would qualify the bidder to perform the work is required. · Bids, forms, specifications, drawings and other elements and data required shall be available on line at no charge to bidders. Public Comment Opened Eric Crane, member, North Coast Builders Exchange (NCBE) reviewed the process the Exchange has in place for posting of notices, specifications, forms, etc. Public Comment Closed M/S McCowen/Crane to approve the Introduction of Ordinance Amending Ukiah City Code Sections 1521 and 1522 Governing Procurement Procedures by title only as revised: o 1521 A. insert at the end of the sentence, "..all in accordance with policies adopted bF the Cit~ Council" o 1521A Item 1, page 1, second sentence, add after "Notices shall be published at least once in a newspaper of general circulation, printed and published in the City, "and on the City's website, or if there is none, it shall be posted.." o Item D. Miscellaneous, Page 8, Item 3. second sentence, add after "To aid in accomplishing this goal, the Purchasing Officer shall solicit proposals from qualified bidders who appear on any list of bidders maintained by the City, including the Bidders' List referenced in Section 1521.A.2. The Purchasing Officer may-" shall" develop specialized bidders' lists for each type of contract described in this Section 1522..." Motion carried by the following roll call vote: AYES: Crane, McCowen, Baldwin and Mayor Ashiku; NOES: None; ABSTAIN: None; ABSENT: Rodin City Clerk Petersen read the Ordinance by Title M/S McCowen/Crane to approve the Ordinance by Title only, as revised: o 1521 A. o 1521AItem 1 o Item D. Miscellaneous, Page 8, Item 3. Motion carried by the following roll call vote: AYES: Crane, McCowen, Baldwin and Mayor Ashiku; NOES: None; ABSTAIN: None; ABSENT: Rodin Staff directed to return with a formal, written policy and a statement that posting of bids, forms, specifications, drawings, other elements and data requirements, shall be available on-line at no charge to the bidder. A bidders' list shall be posted on the City's web-site at no charge. Councilmember McCowen stated that a few members of the public have questioned, if buildings used (owned or leased) by the Public Utility Department in the course of their operation are considered part of the electric utility system? Brief discussion followed; Attorney Rapport requested to draft correspondence to Mr. Pfeiffer of the Uniform Construction Cost Accounting Act Commission for a determination. 11. NEW BUSINESS a. Adoption of a Resolution Approving a 3 MW Participation in the Northern California Power Al~ency (NCPA) Green Power Project (NGPP) and the Member Agreement (3rd Phas~ Aereemen0 to Purchase Green Power from NCPA Acquired Throu.oh PPAs and Physical Asset~. Classified As Renewable Electric Generating Pro.|ects8:00:27 PM Liz Kirkley, Electrical Distribution Engineer reported this is the third phase of the Northern California Power agency Green Power Project. Ms Kirkley stated the City's share of costs for the project will displace funds budgeted for market power purchases which are included within the Department's budget. M/S McCowen/Baldwin to adopt the Resolution authorizing the City Manager or his/her designee to execute the Northern California Power Agency Green Power Project 3rd Phase Agreement to conduct the necessary due diligence, and negotiate power purchase contracts for up to 3 MW of electric energy supplies generated by renewable electric generation projects. Motion carried by the following roll call vote: AYES: Crane, McCowen, Baldwin and Mayor Ashiku; NOES: None; ABSTAIN: None; ABSENT: Rodin b. Adoption of a Resolution Approving the Transmission Agency of Northern California's Amended and Restated Project Agreement No. 5 (PAS) for Participation in an Open Access Same Time Information System (Oasis) and Delegation of Authority to the City M~nager to Execute Amendments to the Agreement M/S Baldwin/Crane to adopt the Resolution approving thc amendment to the Transmission Agency of Northern California Project Agreement No. 5 for thc participation in the WesTTrans Open Access Same Time Information System, and authorize thc City Manager to execute the contract amendment and, delegate the authority to the City Manager to approve and execute amendments to thc Agreement. Motion carried by thc following roll call vote: AYES: Crane, McCowen, Baldwin and Mayor Ashiku; NOES: None; ABSTAIN: None; ABSENT: Rodin c. Adoption of Resolution Approving an Application for Proposition 50 California River Parkways Competitive Grant Program for Riverside Park Development and Approval of Up to $15,000 for Grant Writing Technical Assistance Community Services Director Sangiacomo reported that the passage of Proposition 50, the "Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002" provided funding for the acquisition, restoration, protection, and development of areas along rivers, streams, and creeks. Staff has identified that grant funding from this program is a source for the development of the Riverside Park Project which is currently under development. Director Sangiacomo requested Councilmembers to consider approving $15,000 from the Open Space Special project Reserve Fund to assist with the grant application and recommended that the resolution and grant application be continued to the September 20, 2006 meeting when all Councilmembers will be present. 8:21:21 PM Public Comment Opened Benj Thomas questioned what the risk of flooding and possible damage would be. City Manager Horsley stated the majority of the area that could be affected by flood waters is a passive section at the bottom of the park and noted that the damage would be minimal. Public Comment Closed M/S McCowen/Crane to approve technical assistance funding for the grant application not to exceed $15,000, from the Open Space Special Project Reserve Fund. Motion carried by the following roll call vote: AYES: Crane, McCowen, Baldwin and Mayor Ashiku; NOES: None; ABSTAIN: None; ABSENT: Rodin d. Aooroval of Council Policy Resolution llc Which Allows the Display of Approved Banners Over the Public Right-Of-Way Along State Street in Downtown Ukiah 8:25:20 PM Community Services Director Sangiacomo reported that the Ukiah Main Street Program proposes to create a limited banner program in the fight-of-way along State Street in downtown Ukiah. The banners will be displayed on twelve metal street light poles that are located between Clay and Henry Streets. He reported that the displays are intended to promote the City's image and economic development. Director Sangiacomo stated that the Ukiah Main Street Program has pledged to purchase the mounting hardware, however; the applicant would incur the cost of banner fabrication and the application fee paid to the City would include the cost to hang and remove each banner which will be preformed by a local contractor. Initial installation of the hardware will be completed by City Staff. Director Sangiacomo stated that with the adoption of Policy Resolution 1 lC, there will be a revision as to the types of banners and messages that will be allowed. Counciimember Baldwin stated his dislike of the plastic banner that hangs over N State Street, 365 days a year, stating he will support the resolution if it is tied to the plastic banner over State Street and the matter is brought back for review as part of the sign ordinance. Councilmember Crane covered topics of concern which included not restricting the fabfication or the technique to one vendor and to establish guidelines. Public Comment Opened 8:28:57 PM Public speaking in support of the banners Tom Liden - Ukiah Main Street Board member Public Comment Closed M/S McCowen/Crane to adopt Policy Resolution 1 lC, Resolution of the City Council of the City of Ukiah allowing Banners over public right-of-way and encourage the guidelines to be flexible along Councilman Crane's comments and there be leeway for the timeframe of staff' s approval. Director Sangiacomo requested minor revisions to the Resolution, as follows: o Page 1, Second "Whereas" to read: "WHEREAS, the City Council wishes to allow certain banners above public fights-of-way at specific t~ublic t~rot~ertv locations and" o Page 1, "NOW, THEREFORE..", to read "NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ukiah that banners meeting the following criteria are allowed to be hung, flown, or otherwise located at st~ecit~¢ t~ubli¢ t~rot~ertv locations within or above a public right-of-way" Motion amended to include revisions to the Resolution as noted. Motion carried by the following roll call vote: AYES: Crane, McCowen, Baldwin and Mayor Ashiku; NOES: None; ABSTAIN: None; ABSENT: Rodin 12. COUNCIL REPORTS Councilmember McCowen reported the Mendocino County Lodging Association has selected its contractor to carry out their promotional program using funds derived from the Improvement District. Representatives from the Wine, Grape and Wine Commission have been invited to participate. Councilmember Baldwin expressed his concern about the extended hours and days at the state fairgrounds, stating that the noise from the races occurs more often and later into the evening. He suggested that the City consider protesting the hours and days of these events. 13. CITY MANAGER/CITY CLERK REPORTS None 14. CLOSED SESSION- ADJOURNMENT at 8:45:04 PM as the Ukiah Redevelopment Agency a. Conference with Labor Negotiator, Government Code 54957.6 Employee Negotiations: Police Unit Negotiator: City Manager Reconvene as the City Council at 10:40 PM Mayor Ashiku announced that the Agreement for an increase in health insurance contributions for the police bargaining unit was approved. 15. ADJOURNMENT at 10:45 PM With there being no further business, the meeting was adjourned at 10:45. Gail Petersen, City Clerk ITEM NO. 7a MEETING DATE: October 4, 2006 AGENDA SUMMARY REPORT SUBJECT: REJECTION OF CLAIM FOR DAMAGES RECEIVED FROM ELIZABETH K STRONG AND REFERRAL TO JOINT POWERS AUTHORITY, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND A claim from Elizabeth Strong was received by the City of Ukiah on September 15, 2006 alleging property damage caused when a golf ball near the 17th fairway hit her window. 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 Elizabeth Strong and refer claim to the Joint Powers Authority, Redwood Empire Municipal Insurance Fund. ALTERNATIVE COUNCIL POLICY OPTIONS: Alternative action not advised by the City's Risk Manager. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Yes Claimant Sue Goodrick, Risk Manager/Budget Officer Candace Horsley, City Manager 1. Claim of Elizabeth Strong, pages 1-4. APPROVED: Candace Horsl~ey, City Maria PA:WPD,^SR Retail Claim Rejoctions/fllo name , File With' II i'"i,'J ! ' ', City of Uki¢ j ~AMAG 300 SeminawAve L_ = ~ ¢~' ........ IR MONEY OR ES AGAINST 'Y OF UKIAH RESERVE FOR FILING STAMP CLAIM NO. FAXED TO REMIF '~ DATE FAXED TO REMIE_ ? ' ~"-~'~ .._ A claim must be presented, as prescribed by the Government Code of the State of California, by the claimant or a person acting on his/her behalf and shall show the following: If additional space is needed to provide your information, please attach sheets, identifying the paragraph(s) being answered. 1. Name and address of the Claimant: . Address to which the person presenting the claim desires notices to be sent: Name of Addressee: ~-Z~.~ /~ Telephone: . The date, place and other circumstances of the occurrence or transaction which gave rise to the claim asserted. Date of Occurrence: ~' _ ,=,q...~ ,----~ ~:, Time of Occurrence: '~'; /-/~'~" gc'/'/,,t. Location: ~. ~ ~'-_ ~~_.¢.... Circumstances giving rise to this claim- · , General description of the indebtedness, obligation, injury, damage or loss incurred so far as it may be known at the time of the presentation of the claim. 5. The name or names of the public employee or employees causing the injury, damage, or loss, if known. , If amount claimed totals less than $10,000: The amount claimed, if it totals less than ten thousand dollars ($10,000) as of the date of presentation of the claim, including the estimated amount of any pr. ospective injury, damage, or loss, insofar as it may be known at the time of the presentation of the claim, together with the basis of computation of the amount claimed. Amount Claimed and basis for computation: ~/7/',, ~ '~ If amount claimed exceeds $10,000: If the amount claimed exceeds ten thousand .dollars ($10,000), no dollar amount shall be included in the claim. However, it shall indicate whether the claim would be a limited civil case. A limited civil case is one where the recovery sought, exclusive of attorney fees, interest and court costs does not exceed $25,000. An unlimited civil case is one in which the recovery sought is more than $25,000. (See CCP § 86.) [---~ Limited Civil Case [---~ Unlimited Civil Case IYou are required to provide the information requested above in order to comply with Government Codel §9 0. 7. Claimant(s) Social Security Number(s): (optional) 8. Claimant(s) Date(s) of Birth: . Name, address and telephone number of any witnesses to the occurrence or transaction which gave rise to the claim asserted' 10. If the claim involves medical treatment for a claimed injury, Please provide the name, address and telephone number of any doctors or hospitals providing treatment: 11. If applicable, please attach any medical bills or reports or similar documents supporting your claim. If the claim relates to an automobile accident: Claimant(s) Auto Ins. Co.: Telephone: Address: Insurance Policy No.: Insurance Broker/Agent: Telephone: Address' Claimant's Veh. Lic. No.: Vehicle Make/Year: Claimant's Drivers Lic. No.: Expiration: If applicable, please attach any repair bills, estimates or similar documents supporting your claim. READ CAREFULLY For all accident claims, place on the following diagram the name City of Ukiah vehicle; location of City of Ukiah vehicle at time of of streets, including North, East, South, and West; indicate place accident by "A-l" and location of yourself or your vehicle at the of accident by "X" and by showing house numbers or distances to time of the accident by "B~I" and the point of impact by "X." street corners. If City of Ukiah vehicle was involved, designate by letter "A" location of City of Ukiah vehicle when you first saw it, ' NOTE: If diagrams below do not fit the situation, attach hereto a and by "B" location of yourself or your vehicle when you first saw proper diagram signed by claimant. CURB SIDEWALK PARKWAY SIDEWALK CURB Warning: Presentation of a false claim is a felony (Penal Code §72). Pursuant to California Civil Prodecures §1038, the City/Agency may seek to recover all costs of defense in the event an action is filed which is later determined not to have been brought in good faith and with reasonable cause. GLASS & DOORS CONT. LIC. 690947 310 Mason Street · Ukiah, CA95482 INVOICE, NO. 4897 [] PLATE WINDOW [] GARAGE DOOR [] MIRROR [] TABLE TOP Phone: (707) 462-1513 Fax: (707) 462-1531 Bryan Wilson Owner SOLD TO DESCRIPTION )TLS {MS: ALL BILLS DUE AND PAYABLE UPON RECEIPT. A SERVICE CHARGE OF 2% PER M ; ANNUAL RATE - WILL BE CHARGED ON ALL ACCOUNTS NOT PAID WHEN DUE. ALL~ ) RETURNED GOODS MUST BE ACCOMPANIED BYTHIS INVOICE. ;LIVED BY CUSTOMER RO. CUSTOMER PHONE # 70'7 - JOB NAME ADDRESS CI~ QUAN UNIT PRICE I , ~':~:. ! : I ! I I ~TeR~AL DeUVeRY DEPOSIT TOTAL ~TERIAL ONTH. ~,.~ SA.ES.~ ~ ~BOR N~ TOTAL [] SHOWER ENCLOSURE [] SHOWER DOOR [] DOOR [] STORE FRONT [] SCREENS [] SCREEN DOORS [] PICKUP [] CALL '~NSTALL [] DELIVER (check one) {~ Monday ~ Tuesday ~ Wednesday ~] Thursday ~ Fdday ~ Saturday [] CUSTOMER MEASURE ~ EX LADDERS E] DISPOSAL FEE I~ PLANKS [] NEW WORK E] REPLACEMENT ~ DROP CLOTHS [] PHONE [] CREDIT OK [] CHARGE '~-~ o D [] CREDIT CARD AGENDA ITEM NO: 7b MEETING DATE: October 4, 2006 SUMMARY REPORT SUBJECT: NOTIFICATION OF EMERGENCY PURCHASE FROM POLYDYNE INC. OF 9200 POUNDS OF LIQUID POLYMER AT THE UNIT PRICE OF $0.51 PER POUND FOR THE TOTAL AMOUNT OF $5,032.17 On August 23, 2006, the WWTP ordered four tote bins of liquid polymer, Clarifloc SW-238, from Polydyne Inc. The liquid polymer is a coagulant chemical required for the operation of the Plant's Advanced Wastewater Treatment (AWT) units and is typically purchased through the City's bid process prior to its needed use. This usually occurs in October. A supply of the polymer cannot be maintained in stock because of its limited "shelf life". Due to unforeseen circumstances, it was necessary to restart the AWT units on short notice due to effluent quality samples trends that could potentially exceed permit limits for BOD concentration. The AWT units provided additional treatment to insure that all effluent quality permit limits were met. Due to the urgent need for liquid polymer, Polydyne Inc. was contacted and they offered to provide the polymer at the same unit price as their prior purchase order. As a result, 9,200 pounds, four totes, of liquid polymer, Clarifloc SW-238 was purchased from Polydyne, Inc. at the unit cost of $0.51 per pound plus tax for a total amount of $5,032.17. Funds for wastewater treatment materials are budgeted in the Fiscal Year 2006~2007 under account number 612.3580.520.000 and sufficient funds remain for this purchase. RECOMMENDED ACTION: Receive and file notification of emergency purchase from Polydyne Inc. of liquid polymer, Clarifloc SW-238, in the amount of $5,032.17. Funds are available in the Chemicals Account 612.3580.520.000 to cover this expense. ALTERNATIVE COUNCIL OPTIONS: N/A FUNDING: Amount Budqeted $5,032.17 Account Number 612.3580.520.000 AdditionalFunds Requested N/A Citizens Advised: Requested by: Prepared by: Coordinated with: N/A Ann Burck, Water-Utilities-Project Engineer William Pounders, Waste Water Treatment Plant Supervisor Candace Horsley, City Manager Approved{ Candace Horsley, Cit~Manager AGENDA ITEM NO: 7c MEETING DATE: October 4, 2006 SUMMARY REPORT SUBJECT: NOTIFICATION OF AWARD OF BID FOR THE PURCHASE OF THREE WHELEN LIBERTY SERIES LIGHT BARS TO LEHR AUTO ELECTRIC IN THE AMOUNT OF $5,172.00 In compliance with Section 1522 of the Ukiah City Code, this report is being submitted to the City Council for the purpose of reporting an acquisition costing $5,000 or more, but less than $10,000. Included in the fiscal year 2006/2007 budget is the purchase of three patrol vehicles for the Police Department (one replacement vehicle and two vehicles as a result of the sales tax initiative). As a result, three new light bars will be needed to equip these vehicles. In August, staff submitted bids to light bar vendors, for the purchase of three new light bars, which comply with the Ukiah PD specifications for police emergency light systems. Bids were opened in September, and Lehr Auto Electric had the lowest overall bid of $5,172.00 including sales tax. Staff awarded the bid for the three police light bars to Lehr Auto Electric, in the amount of $5,172.00, from accounts 100.2001.800.000 and 105.2001.800.000. RECOMMENDED ACTION: Notification of purchase of three police light bars from Lehr Auto Electric in the amount of $5,172.00. ALTERNATIVE COUNCIL OPTIONS: Not Applicable FUNDING: Amount Budgeted $40,000.00 . $80,000.00 Account Number 100.2001.800.000 105.2001.800.000 Additional Funds Requested Citizens Advised: Requested by: Prepared by: Coordinated with: N/A N/A Chris Dewey, Police Captain Candace Horsley, City Manager Approved: Candace Horsley, City Manager AGENDA ITEM NO: 7d MEETING DATE: October 4, 2006 SUMMARY REPORT 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 September 25, 2006, see Attachment 1. 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 OPTIONS: 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. Citizens 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 September 25, 2006 Approved: Ca~-dace Hors anager Item No. 7d Attachment 1 Source California Energy Services, Inc. Lake Mendocino Hydroelectric Power Plant Equipment Refurbishment Status Report - September 25, 2006 1) Work continues on the High Pressure Control Units (HPCU's). Unit 2's HPCU is almost ready to circulate oil for the first of three stages of oil flushing. This first stage is to clean up the reservoir, pumps, and piping on the HPCU skid. A temporary flushing filter and hoses are installed. An attempt was made to charge the accumulators with nitrogen but it looks like one of the accumulator cylinders has a bladder leak. All three of the accumulators will require disassembly to replace the rubber bladders before we can continue on the oil flush. 2) The Uninterrupted Power Supply (UPS) has been ordered and is expected to arrive in two weeks. 3) The new 125 VDC batteries and battery charger are installed and in service. A major change and coordination effort in the refurbishment master clearance was required to transfer clearance points to the 125 VDC distribution panel breakers. 4) Three turbine/generator vibration switches have been ordered along with a replacement vibration monitor panel. Unit l's monitor panel has a problem with the alarm reset feature. 5) 90% of the auxiliary relays that were underwater and are part of the hardwired control system have been completely refurbished. 6) Our work force has been increasing to the point where the power house is too crowded for both the craft labor and the engineers. Therefore, an office trailer from William Scotsman has been leased and will be installed on Monday, September 25th. 7) The cooling water and utility water automatic filtration systems have completed approximately 50% of the redesign work to eliminate mud intrusion to the instrumentation and turbine seals. 8) All three bypass valve actuator valve motors have come back from the electric shop and are ready for installation. 9) The new electronic speed switches have arrived and are ready for installation. Paul B. Dirks Project ManagedSr. Mechanical Engineer Source California Energy Services, Inc. ITEM NO. 7e MEETING DATE: October 4, 2006 AGENDA SUMMARY REPORT SUBJECT: REJECTION OF CLAIM FOR DAMAGES RECEIVED FROM TIM ABBOTT AND REFERRAL TO JOINT POWERS AUTHORITY, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND A claim from Tim Abbott was received by the City of Ukiah on September 25, 2006 alleging property loss when a palm plant was taken from outside his residence after a court ordered search resulted in his subsequent arrest. 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 Tim Abbott and refer claim to the Joint Powers Authority, Redwood Empire Municipal Insurance Fund. ALTERNATIVE COUNCIL POLICY OPTIONS: Alternative action not advised by the City's Risk Manager. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Yes Claimant Sue Goodrick, Risk Manager/Budget Officer Candace Horsley, City Manager 1. Claim of Tim Abbott, pages 1-4. A P P R 0 V E ~~-------~~~... Can-dace Ho~'sley, City M'~ger File With: City Clerk's Office City of Ukiah 300 Seminary Ave Ukiah, CA 95482 CLAIM FOR MONEY OR DAMAGES AGAINST THE CITY OF UKIAH RESERVE FOR FIEING STAMPO I SEP25 2006 A claim must be presented, as prescribed by the Government Code of the State of California, by the claimant or a person acting on his/her behalf and shall show the following: If additional space is needed to provide your information, please attach sheets, identifying the paragraph(s) being answered. Name and address of the Claimant: Name or Claimant: -'~ Address: iqo "z__t r'4 A b bo -I- . Address to which the person presenting the claim desires notices to be sent: Name of Addressee: ~ ~ .~_~ Telephone: Address: . . The date, place and other circumstances of the occurrence or transaction which gave rise to the claim asserted. Date of Occurrence: Location: A-~-- Circumstances giving rise to this c~aim' General description of the indebtedness, obligation, injury, damage or loss incurred so far as it may be known at the time of the presentation of the claim. The name or names of the public employee or employees causing the inju~, damage, or loss, if known. UK!A¢ _¢OLlC. 5 cugF Page I of 3 . If amount claimed totals less than $10,000: The amount claimed, if it totals less than ten thousand dollars ($10,000) as of the date of presentation of the claim, including the estimated amount of any prospective injury, damage, or loss, insofar as it may be known at the time of the presentation of the claim, together with the basis of computation of the amount claimed. Amqunt Claimed an, d basis for computation : ~ q 0x 00 If amount~claimed exceeds $10,000: If the amount claimed exceeds ten thousand dollars ($10,000), no dollar amount shall be included in the claim. However, it shall indicate whether the claim would be a limited civil case. A limited civil case is one where the recovery sought, exclusive of attorney fees, interest and court costs does not exceed $25,000. An unlimited civil case is one in which the recovery sought is more than $25,000. (See CCP § 86.) F---] Limited Civil Case F'--] Unlimited Civil Case IYou are required to provide the information requested above in order to comply with Government Code §910. 7. Claimant(s) Social Security Number(s): (optional) o . 10. Claimant(s) Date(s) of Birth: Name, address and telephone number of any witnesses to the occurrence or transaction which gave rise to the ___ - If the claim involves medical treatment for a claimed injuw, please provide the name, address and telephone number of any doctors or hospitals providing treatment: 11. If applicable, please attach any medical bills or reports or similar documents supporting your claim. If the claim relates to an automobile accident: Claimant(s) Auto Ins. Co.' Telephone: Address: Insurance Policy No.: Insurance Broker/Agent: Telephone: Address: Claimant's Veh. Lic. No.: Vehicle Make/Year: Claimant's Drivers Lic. No.: Expiration: If applicable, please attach any repair bills, estimates or similar documents supporting your claim. Page 2 of 3 READ CAREFULLY For all accident claims, place on the following diagram the name City of Ukiah vehicle; location of City of Ukiah vehicle at time of of streets, including North, East, South, and West; indicate place accident by "A-l" and location of yourself or your vehicle at the of accident by "X" and by showing house numbers or distances to time of the accident by "B-I" and the point of impact by "X." street corners. If City of Ukiah vehicle was involved, designate by letter "A" location of City of Ukiah vehicle when you first saw it, NOTE: If diagrams below do not fit the situation, attach hereto a and by "B" location of yourself or your vehicle when you first saw proper diagram signed by claimant. CURB SIDEWALK PARKWAY SIDEWALK CURB '"-4, Warning: Presentation of a false claim is a felony (Penal Code §72). Pursuant to California Civil Prodecures §1038, the City/Agency may seek to recover all costs of defense in the event an action is filed which is later determined not to have been brought in good faith and with reasonable cause. Signature: ~.....~ Date: Page 3 of 3 Ukiah Police 300 SEMINARY AVENUE UKIAH, CALIFORNIA 95482 Bus: (707) 463-6262 Fax: (707) 462-6068 September 20, 2006 Tim Abbott 140 Zinfandel, #4 Ukiah, CA. 95482 Dear Mr. Abbott- SEP 2 5 2006 CITY OF UKIAH CITY CLERK'S DEPARTMENT John Williams Chief of Police I have received and reviewed your letter (copy attached) regarding a claim of a lost plant from the rear of your residence. Based on the information that you allege, you have several options. I recommend that you contact the Sherifff's Office and report the theft, if in fact you are certain that the plant was stolen from your property. Although the Ukiah Poli.c~~ ordered search of your residence and S/tl~equ.ently.a.r~rest~ed you on felBn.y, xcharges, we are not responsible fo[property outside of your resid~ Should you wish to make a c~T~almmg~aln~t..the ~kiah, you need to complete the enclosed claim form and return it to the City of Ukiah, not the Police Department.. Respectfully, John McCutcheon, Detective Sergeant 09/20/06 AGENDA ITEM NO: 7f MEETING DATE: October 4, 2006 SUMMARY REPORT SUBJECT: AWARD OF BID TO ARROW FENCING TO REPLACE FENCING AT THE WATER TREATMENT PLANT THAT WAS DAMAGED JANUARY 1, 2006 IN AN AMOUNT NOT TO EXCEED $10,5000.00 Pursuant to Section 1522 of the Municipal Code, staff is recommending that the City Council award Arrow Fencing the contract to supply and install approximately 600 feet of chain link fencing for an amount not to exceed $10,500.00. The previous fencing, which was destroyed during the flood of January 1, 2006, consisted of field fencing and "T" posts. The City has received $4,991.00 from FEMA for the replacement of the original fencing. It is proposed that the fencing be upgraded to a security type chain link fence and posts. Staff recommends upgrading the fencing and expending the balance of $5,509.00 using budgeted funds. The Purchasing Agent sent request for bids to several qualified contractors and Arrow Fencing was the only qualified contractor to submit a bid in the amount of $10,500.00. RECOMMENDED ACTION: Award bid to Arrow Fencing for fence replacement at the Water Treatment Plant in an amount of $10,500.00. ALTERNATIVE COUNCIL OPTIONS: Reject the bid and give direction to staff as to how to proceed. FUNDING: Amount Budgeted $10,000.00 Account Number 820.3908.800.000 Additional Funds Requested -0- Citizens Advised: Requested by: Prepared by: Coordinated with: Ann Burck, Water Utilities Project Engineer Alan Jamison, Water Treatment Plant Supervisor Candace Horsley, City Manager Approved: Candace Horsley, City Manager AGENDA ITEM NO: 7g MEETING DATE: October 4, 2006 SUMMARY REPORT SUBJECT: NOTIFICATION OF THE PURCHASE AND INSTALLATION OF ONE AUTOMATIC GATE CONTROLLER FROM ARROW FENCING IN THE AMOUNT OF $7,950.00 Pursuant to Section 1522 of the Municipal Code this report has been submitted to notify the City Council of the purchase and installation of one "Elite" automatic gate opener/ controller with radio communications, safety personnel access override, and safety ground loops. The Purchasing Agent sent out "Request for Bids" to several vendors and Arrow Fencing was the only qualified contractor to respond with a total price of $7,950.00. The automatic gate controller will help improve security at the Water Treatment Plant by allowing staff to monitor and control access to the plant grounds. RECOMMENDED ACTION: Receive notification of the purchase and installation of one "Elite" automatic gate openedcontroller for $7,950.00 from Arrow Fencing. ALTERNATIVE COUNCIL OPTIONS: NA FUNDING: Amount Budqeted $13,000.00 Account Number 820.3908.800.000 Additional Funds Requested -0- Citizens Advised: Requested by: Prepared by: Coordinated with: Ann Burck, Water Utilities Project Engineer Alan Jamison, Water Treatment Plant Supervisor Candace Horsley, City Manager Approved: Candace Horsley, City Ma!ager AGENDA SUMMARY REPORT ITEM NO. 7h DATE: October 4, 2006 SUBJECT: NOTIFICATION TO COUNCIL OF THE EXPENDITURE OF $7,084.56 TO LN CURTIS & SON'S FOR THE PURCHASE OF OSHA REQUIRED FIREFIGHTER PROTECTIVE CLOTHING SUMMARY: Section 1522 of the Municipal Code requires a report be filed with the City Council regarding purchases between $5,000 and $10,000. In accordance with the above mentioned section, this report is submitted to the City Council regarding the acquisition of equipment. During the FY 06/07 budget approval process, Council approved funds from the Measure S General Fund to purchase Firefighter Protective Clothing. The replacement and upgrade of Firefighter Protective clothing is an ongoing project for the Department with funds committed to make purchases each year. This particular purchase is for 5 sets (coats and pants) of the protective wear worn by paid firefighters during their response to vehicle accidents, vehicle fires, hazardous conditions and structure fires. LN Curtis & Son's is a sole-source provider. RECOMMENDED ACTION: Receive notification of expenditures in the amount of $7,084.56 from Account 105.2101.690.006 (Measure S) to LN Curtis & Son's for the purchase of OSHA required firefighter protective clothing. ALTERNATIVE COUNCIL POLICY OPTION: NA FUNDING: Amount Budqeted $7,500.00 Account Number 105.1201.690.006 Additional Funds Requested None Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Kurt Latipow Fire Chief Candace Horsley, City Manager None Candace Horsley, City Manager AGENDA ITEM NO: 7i MEETING DATE: October 4, 2006 SUMMARY REPORT SUBJECT: NOTIFICATION OF AWARD OF BID FOR THE PURCHASE OF THREE MOTOROLA SPECTRA EXTL5000 RADIOS FROM MOTOROLA INC., IN THE AMOUNT OF $8,572.59 In compliance with Section 1522 of the Ukiah City Code, this report is being submitted to the City Council for the purpose of reporting an acquisition costing $5,000 or more, but less than $10,000. Included in the fiscal year 2006/2007 budget is the purchase of three patrol vehicles for the Police Department, (one replacement vehicle, and two vehicles as a result of the sales tax initiative). Our existing radios are well past their service life, and are no longer supported by the manufacturer. As a result, three new radios will be needed to equip these vehicles. In August of this year, staff submitted bids to radio vendors for the purchase of three new radios which comply with the FCC specifications for police digital radio systems. Bids were opened in September, and only one vendor responded to our request. Motorola Incorporated had an overall bid of $8,572.59 including sales tax. Staff awarded the bid for the three police radios to Motorola Incorporated, in the amount of $8,572.59, from accounts 100.2001.800.000 and 105.2001.800.000. RECO~IMENI)EI) ACTION: Notification of purchase of three police radios from Motorola Incorporated, in the amount of $8,572.59, from accounts 100.2001.800.000 and 105.2001.800.000. ALTERNATIVE COUNCIL OPTIONS: N/A FUNDING: Amount Budgeted $40,000.00 $80,000.00 Account Number 100.2001.800.000 105.2001.800.000 Additional Funds Requested None None Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Chris Dewey, Police Captain Candace Horsley, City Manager None Approved: Candace Horsley, City Manager~/~ "~'~ AGENDA SUMMARY Item No 7i Date: October 4, 2006 REPORT SUBJECT: AWARD OF BID FOR PURCHASE OF A 2007 SINGLE BUCKET LIFT TRUCK/AERIAL DEVICE FOR THE CITY OF UKIAH ELECTRIC DEPARTMENT TO ALTEC INDUSTRIES, INC. IN THE AMOUNT OF $82,913.63 (plus 2.5 % CMAS surcharge) The Fiscal Year 2006/2007 budget has provisions in the amount of $87,000.00 for the purchase of a new 2007 lift truck or aerial device to replace the 1995 Ford F450 unit. The 1995 Ford F-450 is 11 years old and has reached a point where maintenance has become costly. Lease options have been studied for this type of truck and has been deemed to be not as cost efficient as an outright purchase of the aforementioned lift tuck/aerial device. Two bids have been received; one each from Altec Industries and Terex Utilities in the amounts of $82,913.63 and $78,307.31 respectively. Staff has reviewed the bid documents and recommends the purchase of the Altec Industries lift truck/aerial device. Staff's evaluation identified several reasons to purchase the higher cost unit: 1. The Altec bid is for an F-550 chassis with a Gross Vehicle Weight Rating (GVWR) of 17,950 pounds. The Terex unit is an F-450 chassis with a GVWR of 16,000 and does not meet the specifications (17,500 pounds). With the heavy materials and equipment carried on the electric bucket trucks, staff believes the heavier rated truck is required. Continued on page 2 RECOMMENDED ACTION: Award bid for the purchase of a 2007single bucket lift truck/aerial device to Altec Industries, Inc. through CMAS in the amount of $82,913.63 plus the 2.5% CMAS surcharge. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject bid and provide direction to staff. Citizen Advised' N/A Requested by: Colin Murphey, Interim Electrical Supervisor Prepared by: Colin Murphey, Interim Electrical Supervisor Coordinated with: Candace Horsley, City Manager and Jeff Gould, Interim Director of Public Utilities Candace Horsley, City Manager 2. The actual reach of the Altec bucket boom is two feet further than the Terex unit. This extra two feet is a significant advantage when positioning a truck to reach the work and improves work efficiency. In many cases the longer boom reach may avoid the need to reposition the truck closer to the work. . Altec Maintenance is provided by a certified mechanic who comes to Ukiah and diagnoses/corrects most operating or maintenance issues on site. This allows a quick return of the truck to service and avoids the expense of sending one or two Ukiah electric employees with the truck for service. The Altec truck is the same brand as the remaining Ukiah bucket truck, and will allow both trucks to be serviced during one mechanic visit in the future. 4. Delivery for the Terex unit is over 240 days vs. the Altec unit delivery of approximately 45 days. 5. Staff believes the small cost increase provides a better overall solution and is cost- effective and still within budget. Staff recommends awarding the bid to Altec Industries, Inc. If approved, the truck will be purchased through California Multiple Award Schedule (CMAS) contracts administered and awarded by the State of California. Funds are available and budgeted in account number 800.3728.800.000. There is a 2.5% surcharge in addition to the costs of the bid for using the CMAS program. AGENDA ITEM NO: 9a MEETING DATE: October 4, 2006 SUMMARY REPORT SUBJECT: ADOPTION OF FINDINGS AND FINAL ACTION ON HULL/PIFFERO USE PERMIT APPLICATION - continued from September 20, 2006 SUMMARY: The City Council continued the public hearing on this use permit appeal to further consider, in light of its legislative history, the impact of Government Code Section 434.5 on the City Council's authority to limit the height of the flag pole on the Hull property, because the pole was erected to display the flag of the United States. Ric Piffero submitted two packages of documents at the meeting on September 20, which purport to contain the legislative history of Government Code Section 434.5, when it was originally enacted in 1989 (by Senate Bill 789) and when it was amended in 2002 (by Senate Bill 1359). Attached as Attachment 1 is the City Attorney memorandum previously submitted to the City Council, concerning Government Code Section 434.5, which includes the full text of the law as enacted in 1989 and as amended in 2002. That memo recommends a narrow interpretation of the statute to avoid a possible violation of the First Amendment free speech right. The purpose of this Agenda Summary Report is to discuss the legislative history and its impact on the conclusions expressed in the attached memo. RECOMMENDED ACTION: Approve permit based on Government Code Section 434.5 ALTERNATIVE COUNCIL POLICY OPTIONS: Approve permit on another basis, or adopt proposed findings and deny permit, despite Government Code Section 434.5. Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: Publicly noticed according to the requirements of the Ukiah City Code Dave Hull and Ric Piffiro David J. Rapport, City Attorney Charley Stump, Planning Director, Candace Horsley, City Manager 1. Memorandum addressing Gov't Code §434.5 Approved: Candace Horsley, City Manager,~ ~ Agenda Summary Report Hull/Piffero Use Permit Date: October 4, 2006 Page 2 CONCLUSION While the legislative history submitted by the applicants does not, in my opinion, add significantly to the interpretation of Government Code Section 434.5, a further careful reading of that statute makes the proposed narrow interpretation in the attached memorandum difficult to support. What little light is shed by the legislative history tends to support a broad, rather than the proposed narrow, reading of the statute. Because I no longer believe that the plain wording of the statute will support a narrow reading, I believe Government Code Section 434.5 does prohibit the City from restricting the height of a flag pole used to display the American flag, if the height restriction is imposed solely to promote aesthetic considerations. Unless public policies other than aesthetic considerations are promoted by the General Plan policies relied upon in the proposed findings, Gov't Code section 434.5 does prevent the City from limiting the height of the applicants' flag pole. As so interpreted, in my opinion, in a future case, Govemment Code section 434.5 could force the City into an unconstitutional regulation of expressive activity based on speech content, if it seeks to enforce the height limit of a structure, such as a flag pole, which is being used for expressive activity other than the display of the American flag. Nevertheless, that prospect does not permit the City to refuse to follow Government Code Section 434.5, at least, until a court of appeal declares the statute unconstitutional. The legislative history of that section reveals that there was no opposition to the bill and no discussion of the constitutional problems that the bill creates. DETAILED DISCUSSION The legislative history consists of the various versions of the bills after they were introduced and heard by the subject matter committees. Each version contains the date, a Legislative Counsel's digest, which summarizes existing law, the changes contained in the bill, and any amendments to the previous version of the bill. It also contains the staff reports on the bills to the legislative committees that considered them, and letters submitted for or against the bills or providing information pertinent to the bills. The 2002 amendment added a new subsection (c) to Section 434.5 which prohibits local government from adopting a policy or regulation which prohibits employees from displaying a pin of the American flag on their person, in the workplace or on an agency vehicle. The amendment is not directly pertinent to the provisions of the statute which limit the authority of local government to regulate the placement or display of the American flag on private property. In describing the existing law, however, the second package of documents regarding the legislative history of the 2002 amendments is some indication of how the Legislative Counsel or committee staff interpret those provisions in the existing law that apply to flag displays on private property. The legislative history of the statute as originally enacted in 1989 reveals the following. The bill was introduced by Senator Davis after he received a complaint from the Simi Valley Enterprise, a newspaper in the City of Simi Valley, which said it had difficulty getting a permit from the Agenda Summary Report Hull/Piffero Use Permit Date: October 4, 2006 Page 3 City to display a United States Flag on its commercial property. When it was presented to the Senate Committee on Judiciary on April 18, 1989, the staff report indicates that the author claimed that the bill was necessary because local ordinances regulating signs and displays on streets, which are primarily designed to promote aesthetic standards, are often interpreted as prohibiting a display of the U.S. flag. The author believed the bill was necessary to assure all residents, government officials and developers of the right of private property owners to display the U.S. flag. The report to the Senate Rules Committee, dated August 22, 1989, when the bill was considered on the floor of the Assembly, summarized the bill as follows: This bill would prohibit any person, private entity or government agency from adopting rules, regulations or ordinances, or from entering into any agreement or covenant, which prevents any person or private entity which would otherwise have the legal right to display a Flag of the United States on private property from exercising that right, unless it is used as, or in conjunction with, an advertising display.. This bill would provide that its provisions shall not be construed to prevent a city, county, or city and county from imposing reasonable restrictions as to the time, place and manner of placement or display of a Flag of the United States when necessary for the preservation of the public's health, safety or order. It would provide that no restrictions solely to promote aesthetic considerations may be imposed. This summary is used repeatedly in other staff reports and in the Legislative Counsel summaries of the bill. The report to the Assembly Committee on Judiciary noted on June 6, 1989, that: According to the City of Simi Valley, there are no formally adopted ordinances or codes regarding the display of flags in the city. While the City does not restrict the ability of homeowners and businesses to display flags, it does use specific planning guidelines (primarily height restrictions) to regulate the manner of display. A letter from Joe Hinsberg, Deputy City Manager, dated June 21, 2006, provides a little more detail about Simi Valley's policies that affect flag displays. He repeats that there are no formally adopted policies regarding flag displays and that flags are not regulated for residential developments. For new commercial projects, the placement of flag poles is reviewed during the plan check process. He believes that was how the newspaper's flag pole was affected. The Agenda Summary Report Hull/Piffero Use Permit Date: October 4, 2006 Page 4 newspaper proposed the pole as part of a project to expand its building. He said the City has a policy to limit pole height to ten feet above the roofline of the adjacent building. He states that the size of the flag pole will have a corresponding impact on the size of the flag. He states that the policy preserves viewsheds and minimizes the height of buildings and appurtenant structures which is a desired planning tool in the community. The bill was amended twice more before it was passed by the Assembly on September 5, 1989, and approved on consent calendar in the Senate on September 11, 1989. This history reveals that the author of the bill originally characterized the problem the bill was designed to address as concerning ordinances regulating signs and displays on streets primarily for reasons of aesthetics. The actual incident which caused a complaint to Senator Davis appears to have involved the City of Simi Valley's unofficial policy of limiting flag poles in commercial projects to 10 feet above the roofline of adjacent buildings. The Deputy City Manager seemed to regard this policy as preserving viewsheds and minimizing the height of buildings and appurtenant structures. He also regarded the limit on the height of a flag pole as impacting the size of the flag display. The legislative history of SB 1359, introduced in 2002, does not add any additional pertinent information. The Legislative Counsel's Digest, introducing the bill on February 6, 2002, repeats verbatim the summary in the August 22, 1989, report from the Rules Committee. Several identically worded letters from organizations supporting the 2002 amendment describe the present law as follows: Present law provides that each individual has the right to display a Flag of the United States on his or her property, unless the flag is used as an advertising display or is in some way a danger to the public's health, safety or order. Since these letters reflect the views of the organization submitting them and not of the State Legislature, these summary descriptions of existing law do not constitute evidence of legislative intent. The canons of statutory construction used by the courts always start with the actual words in the statute. "We construe the language of legislation as a whole and we give significance to all the words contained therein." (Water Quality Association v. County of Santa Barbara (1996) 44 Cal. App.4th 732, 748. See also, Dyna-Med, Inc. v. Fair Employment & Housing Com. (1987) 43 Cal.3d 1379, 1386-1387, ["In determining such [legislative] intent, a court must look first to the words of the statute themselves, giving to the language its usual, ordinary import and according significance, if possible, to every word, phrase and sentence in pursuance of the legislative purpose."].) The courts may consider legislative history only if the statute is susceptible to more than one interpretation or is for some other reason ambiguous. Agenda Summary Report Hull/Piffero Use Permit Date: October 4, 2006 Page 5 In People v. Robles (2000) 23 Cal.4th 1106, 1111 [99 Cal. Rptr. 2d 120, 5 P.3d 176] (Robles), we stated: "'Because statutory language "generally provide[s] the most reliable indicator" of [legislative] intent [citations], we turn to the words themselves, giving them their "usual and ordinary meanings" and construing them in context [citation].' [Citation.] If the language contains no ambiguity, we presume the Legislature meant what it said, and the plain meaning of the statute governs. [Citation.] If, however, the statutory language is susceptible of more than one reasonable construction, we can look to the legislative history in aid of ascertaining legislative intent. [Citation.]" (Afford v. Superior Court (2003) 29 Cal. 4th 1033, 1059.) The attached memorandum proposes a "narrow" interpretation of Government Code Section 434.5 to avoid a potential conflict with the First Amendment right of free speech. (See Attachment 1, pp. 2-3. See below, pp. 6-7.) The memorandum, therefore, implies a potential ambiguity in the statute; namely, whether the phrase "manner of placement or display" of the flag, used in the statute, includes the height of the structure upon which the flag is attached. If the statute is, in fact, ambiguous, then legislative history may be used to ascertain the legislature's intent in order to resolve the ambiguity, if possible. The first question is whether the phrase is, in fact, susceptible to the proposed narrow construction. Merriam's online dictionary defines display to mean: "... to put or spread before the view." It defines placement to mean: "... an act or instance of placing," meaning "... to put in or as if in a particular place or position." "Mode" and "method" are given as synonyms for "manner." All three terms are defined generally to mean: "the means taken or procedure followed in achieving an end." The meaning of place and time are obvious. Section 434.5 uses these words as follows: [b](2) Nothing in this subdivision shall be construed to prevent a city, county, or city and county from imposing reasonable restrictions as to the time, place, and manner of placement or display of a Flag of the United States when necessary for the preservation of the public's health, safety, or order. (d) No restrictions solely to promote aesthetic considerations shall be imposed pursuant to paragraph (2) of subdivision (b) or paragraph (2) of subdivision (c). (Emphasis added.) Using these dictionary definitions, the words used in subsection (b)(2) mean that a city, like Ukiah, if necessary to preserve the public's health, safety or order, may impose reasonable restrictions as to the time and place when and where an American flag may be put or spread for viewing and as to the place or position of the flag and as to method or procedure used to display the flag. However, it may not impose any of these restrictions solely to promote aesthetic Agenda Summary Report Hull/Piffero Use Permit Date: October 4, 2006 Page 6 considerations. Given the plain words of the statute, I think it is difficult to limit the application of the subsection to reasonable restrictions addressing the flag itself, but not restrictions on the height of the flag pole. In a proposed amendment to their application for a use permit, Hull and Piffero state that they have applied for the use permit to display an American flag, measuring 20' by 40', which requires a 45 foot high flag pole. Even without this amendment, it is obvious that the height of the pole impacts the size of the flag that may be displayed and that the pole is an integral part of the method or procedure used to display the flag. This understanding is reflected in the letter from Simi Valley's Deputy City Manager discussed above at p. 3. If the statutory language is susceptible to the narrow construction proposed in the attached memorandum, the legislative history submitted by the applicants is of limited value in resolving the ambiguity. There is some indication that a height limit on flag poles may have caused the Simi Valley newspaper to complain to its local State Senator who introduced the bill in response to that complaint. At the same time, the bill's sponsor described the problem he was trying to address as related to the interpretation of local ordinances regulating signs and displays on streets. That somewhat inconsistent information was apparently before the legislative committees and the legislature, when they considered the bill. In my opinion, this background information and the various statements in the reports to subject matter committees do not add much to the plain wording of the statute. If anything, these materials may suggest that the statute did intend to address local rules, regulations or ordinances which do not directly address the placement or display of the American flag, but which, nevertheless, have the effect of limiting such placements or displays. This could include ordinances, such as those in Ukiah, which limit the height of accessory structures and flag poles. Based on the above, the statute, as written by the Legislature, may not be susceptible to the narrow construction proposed in the attached memorandum, making the constitutional conflict unavoidable. As explained in the attached memo, except in very limited circumstances that do not apply here, the First Amendment prohibits regulation of expressive activity based on speech content. Time, place and manner regulations are generally permissible, but regulations which differ, depending on the message, could be construed as regulating speech content. (See, e.g. Brown v. Cal Trans (9th Cir. 2003) 321 F. 3d 1217, cited in the attached memorandum, declaring an informally adopted Cal Trans policy invalid as a violation of the First Amendment, because it permitted the display of the American flag from highway overpasses, but prohibited banners displaying any other message. See, also, the recent decision in Ballen v. City of Redmond, 2006 U.S. App. LEXIS 23467 (9th Cir. 2006), striking down a city ban on sandwich signs worn on the street comer by a bagel shop employee, because other temporary signs, such as real estate signs, were permitted under the sign ordinance. The Court viewed the ban as a content based restriction on commercial speech.) The constitutional problem is not presented directly by the use permit application on appeal to the City Council. It will arise in the future, if the City seeks to enforce the same height restriction on flag poles, where the applicant seeks to display another type of flag, or if a future owner of the Hull property decides to display a different flag on the pole, and possibly if an Agenda Summary Report Hull/Piffero Use Permit Date: October 4, 2006 Page 7 applicant for a sign permit seeks to exceed the height limit for a commercial sign. In those future situations, the applicant can argue that the height restriction is content based, because it is not enforced against displays of the American flag, and as a result the height restriction is not narrowly tailored to serve the public purposes of height restrictions. On the other hand, it cannot be predicted with certainty how the statutory limit on the City's authority to impose limitations on American flag displays will affect the future enforcement of height restrictions which have the effect of limiting other forms of expressive activity. In Metromedia, Inc. v. City of San Diego, 453 U.S. 490, 501, the Supreme Court cautioned that "[e]ach method of communicating ideas is a law unto itself and that law must reflect the differing natures, values, abuses and dangers of each method." For example, Ballen v. City of Redmond, distinguished Metromedia, which upheld an absolute ban on off-site billboards, on the basis that: the ordinance upheld in Metromedia banned all offsite commercial advertising, id. at 503, whereas the Ordinance in this case exempted several categories of commercial advertising. In Metromedia the distinction that was challenged and upheld was between onsite and offsite billboards. It was a content-neutral distinction. The categorical nature of the ordinance in Metromedia precludes its application here. Instead, the inconsistent content- based nature with which the Redmond Ordinance distinguishes its interests and the availability of less restrictive alternatives to achieve the City's goals are fatal under Central Hudson's fourth prong. As stated in the attached memo, the City is not permitted to ignore the requirements of a state statute, because the City regards the statute as unconstitutional, unless a court of appeal decision has declared the statute unconstitutional. (See Attachment 1, p. 3, and Cal. Const., Art. III, Section 3.5, and Lockyear v. San Francisco (2004) 33 Cal. 4th 1055.) Because of this restriction and because the constitutional violation will arise in a future case and not with respect to the use permit pending before the City Council, I cannot recommend disregarding the limitations on the City's authority imposed by Government Code Section 434.5. The legislative history also reveals that there was no opposition to SB 789. Very little question was raised about its impacts and no consideration was given to the potential constitutional problems it creates. Any mention of the First Amendment concerned the property owner's right to display an American flag on his property. However, the issue presented by this appeal does not concern a ban on the display of the American flag. It involves a limitation on the height of the pole (and indirectly on the size of the flag). The First Amendment problem arises from Section 434.5's prohibition on time, place and manner restrictions on displays of the American flag, where the restriction promotes purely aesthetic considerations, when a similar prohibition does not apply to displays of other flags or messages. ATTACHMENT~,, / i Law Offices Of RAPPORT AND MARSTON An Association of Sole Practitioners 405 w. Perkins Street P.O. Box 488 Ukiah, California 95482 e-mail: drapport@pacbell.net David J. Rapport Lester J. Marston Scott Johnson Mary Jane Sheppard MEMORANDUM (707) 462-6846 FAX 462-4235 TO: FROM: DATE: SUBJECT: Mayor and City Council Members David J. Rapport August 1,2006 Government Code Section 434.5 The City has received an email questioning whether it can prevent Hull and Piffero from using the 45 foot flag pole to display the American flag based on Government Code Section 434.5. I am confident this issue will be raised at the City Council meeting tomorrow. I am sending you this email so that you will have the benefit of this analysis in advance of the hearing on Wednesday night. Copies will be available to the public at City Hall prior to the meeting and extra copies will be available at the meeting. Below I have quoted Gov't Code Section 434.5 in its entirety. I have highlighted the relevant portions of the statute. In subsection (a)(1) the statute appears to prohibit a city from preventing the display of the American flag. Subsection (a)(2), however, appears to explain the meaning of "prevents," by stating that nothing in the statute is intended to prohibit a city from placing reasonable restrictions as to the time, place, and manner of placement or display of the flag of the United States, if the restriction is necessary for the preservation of the public's health, safety, or order. (Subsection (a)(2).) In subsection (d) the statute provides that purely aesthetic considerations will not satisfy the health, safety and order standard and cannot be relied upon to impose such time, place and manner restrictions. CONCLUSION In my opinion, interpreted broadly, Government Code Section 434.5 could invalidate restrictions on the Hull/Piffero flag pole, when used to display the American flag, because the proposed findings rely on General Plan policy OC-10.2 and Implementation Measure OC-10.2(b), which appear to solely promote aesthetic considerations - the view of the western hills from the valley. However, I am of the further opinion that Government Code Section 434.5 should be narrowly construed only to apply to zoning ordinances or General Plan policies adopted or interpreted by the City Council which directly either prevent the display of the American flag by private property Memorandum to City Council Page Subject: Gov't Code § 434.5 Date: August 1, 2006 owners on their property or which directly impose restrictions as to the time, place and manner of the placement or display of the American flag specifically. It should not be interpreted to apply to rules or ordinances which do not directly address American flag displays, but may impact how an American flag is displayed by regulating the structures, including flag poles, to which any flag, not just the Amercian flag, can be attached. As thus narrowly construed, I don't believe Government Code Section 434.5 would prevent the City from imposing the height restriction on Hulll and Piffero, even though the effect of that restriction would result in a limitation on how they want to place and display the American flag. This narrower construction will avoid many applications of the statute which could violate the First Amendment by regulating expressive activity based on speech content rather than restrict the regulation of speech to time, place and manner. If interpreted to apply to zoning regulations and General Plan policies which do not address the American flag specifically, Government Code section 434.5 could result in providing more favorable treatment for American flag displays than other forms of speech. For example, the City could restrict the height a pole used to display an Italian flag but not the height of a pole used to dispay the American flag. Such favored treatment, based on the content of the message, violates the First Amendment, which prohibits laws regulating speech content. ANALYSIS As previously stated in subsection (a)(1), Government Code Section 434.5 appears to prohibit a city from preventing the display of the American flag. Subsection (a)(2), however, appears to explain the meaning of "prevents," by stating that nothing in the statute is intended to prohibit a city from placing reasonable restrictions as to the time, place, and manner of placement or display of the flag of the United States, if the restriction is necessary for the preservation of the public's health, safety, or order. In subsection (d) the statute provides that purely aesthetic considerations will not satisfy the health, safety and order standard. The zoning ordinance restricting the height of ancillary structures in R-1 zoning districts to 20 feet and the General plan policy protecting views of the western hills from the valley do not prevent the display of the American flag. Moreover, the ordinance and policy do not directly limit the manner of the placement or display of the American flag specifically. The American flag is not the subject matter of the zoning ordinance or the General Plan policy at all. Rather, the zoning ordinance limits the height of flag poles to which any flag can be attached, not just the American flag. Unquestionably, the effect of the policy could be to limit the mannner of the placement and display of the American flag which Hull and Piffero want to use. If Section 434.5 applies whenever the effect of a city policy limits the manner of placement and dispay of the American flag desired by a property owner, then the proposed restriction could not be imposed, if the height limit, as applied to the Hull/Piffero flag pole, is imposed solely to promote aesthetic considerations. The General Plan policy at issue is intended to protect views of the western hills from the valley. A fair interpretation of it is that it was adopted solely to promote aesthetic considerations. The question is whether the policy represents a policy regulating the display of the American flag within the meaning of Section 434.5. If interpreted to apply to zoning regulations or General Plan policies which only incidentally impact the manner of the placement or display of the American flag, in my opinion, the statute would be of doubtful constitutionality, because it would provide special treatment for displays of the American flag, which is a form of speech content regulation. If used to prevent the City from Memorandum to City Council Page 3 Subject: Gov't Code § 434.5 Date: August 1, 2006 restricting the Hull/Piffero display, it would effectively regulate the content of their speech by allowing the use of a 45 foot flag pole to display the American flag, but preventing the use of that pole to display any other message. (See, e.g. Brown v. Cai Trans (9th Cir. 2003) 321 F. 3d 1217, declaring an informally adopted Cai Trans policy invalid as a violation of the First Amendment, because it permitted the display of the American flag from highway overpasses, but prohibited banners displaying any other message.) However, the City cannot refuse to enforce a state statute on the grounds that the statute is unconstitutional, unless a court of appeal has declared the statute unconstitutional. (See Cal. Const., Art. III, Section 3.5. See, also, Lockyear v. San Francisco (2004) 33 Cal. 4th 1055, holding that Art. III, Sec. 3.5 applies to cities.) Consequently, if interpreted as regulating restrictions on the display of the American flag, even where a city does not attempt to prevent such displays entirely and only incidentally impacts the manner of displaying the flag by regulating the structure to which the flag can be attached, Gov't Code Section 434.5 places the City in the awckward position of either violating the First Amendment by regulating expressive activity, based on speech content, or violating Section 434.5. Placed in this position, the City has only two choices, until a court of appeal decides the constitutionality of Government Code Section 434.5. It can interpret the statute to avoid the constitutional violation, if the statutory language will support the interpretation, or it must comply with the statute, even if, in doing so, the City violates the First Amendment. I believe that the statutory language will support the narrower interpretation. The express language only addresses a rule, regulation, ordinance, agreement or covenant which prevents a private property owner from displaying the American flag, or restrictions as to the time, place, and manner of placement or display of a Flag of the United States. If narrowly construed to apply only to rules that prevent the display of the American flag and rules directly addressing American flag displays that impose time, place and manner restrictions on such displays, and not to apply to such rules that only indirectly affect the manner of placement or display of a flag of the United States by regulating the height of structures generally, potential conflicts with the First Amendment are substantially reduced. Interpretations to avoid constitutional conflicts are generally favored by the courts. (See, e.g., United Air Lines, Inc. v. Mahin, 410 U.S. 623, 630- 632.) I recommend the narrower interpretation, while recognizing that the statutory language could support a broader interpretation that would invalidate restrictions on the Hull/Piffero flag pole, when used to display the American flag, because the proposed findings rely on General Plan policy OC-10.2 and Implementation Measure OC-10.2(b), which appears to solely promote aesthetic considerations - the view of the western hills from the valley. § 434.5. Right to display flag (a) As used in this section, the following terms have the following meaning: (1) "Legal right" means the freedom of use and enjoyment generally exercised by owners and occupiers of land. (2) "Local government agency" means a county, city, whether general law or chartered, city and county, town, municipal corporation, school district or other district, political subdivision, or any board, commission, or agency thereof, or other local agency. (b) (1) No person, private entity, or governmental agency shall adopt any rule, regulation, or Memorandum to City Council Page 4 Subject: Gov't Code § 434.5 Date: August 1, 2006 ordinance, or enter into any agreement or covenant, that prevents any person or private entity that would otherwise have the legal right to display a Flag of the United States on private property from exercisin.q that r~qht, unless it is used as, or in conjunction with, an advertising display. (2) Nothing in this subdivision shall be construed to prevent a city, county, or city and county from imposing reasonable restrictions as to the time, place, and manner of placement or display of a Flag of the United States when necessary for the preservation of the public's health, safety, or order. (c) (1) A local government agency may not adopt any policy or regulation that prohibits or restricts an employee of that agency from displaying a Flag of the United States, or a pin of that flag, on his or her person, in his or her workplace, or on a local government agency vehicle operated by that employee. (2) Nothing in this subdivision shall be construed to prevent a local government agency from imposing reasonable restrictions as to the time, place, and manner of placement or display of a Flag of the United States when necessary for the preservation of the order or discipline of the workplace. (d) No restrictions solely to promote aesthetic considerations shall be imposed pursuant to paragraph (2) of subdivision (b) or paragraph (2) of subdivision (c). AGENDA ITEM NO: MEETING DATE: 10a October 4, 2006 SUMMARY REPORT SUBJECT: CONSIDER CHANGES TO ORDINANCE AMENDING UKIAH CITY CODE SECTIONS 1521 AND 1522, REGARDING PROCUREMENT, PRIOR TO ADOPTION AT NEXT MEETING SUMMARY: The City Council has considered this ordinance at its August 16, September 6 and September 20 meetings. The ordinance was introduced at the September 6, meeting. However, at the September 20 meeting adoption of the ordinance was removed from consent calendar and discussed. Councilmember McCowen suggested changes to Section 1521 and slight changes to Section 1522. The attached ordinance makes the requested changes. Section 1521 has been revised to avoid any provision which conflicts with the Uniform Construction Cost Accounting Act. The remaining provisions contain procedures not covered by the Act, such as Section 1521.A, which requires plans and specifications for public projects to be available in accordance with policies adopted by the City Council. The requirement in Section 1522 to keep records of each procurement for one year has been revised to require retention for five years. Attached as Attachment I is a redlined draft of the ordinance, showing the changes to the version introduced by the City Council at the last meeting. Attachment 2 is a clean copy of the revised ordinance. If the City Council approves these changes, the ordinance will return at its next meeting for adoption. RECOMMENDED ACTION: Consider changes to ordinance amending Ukiah City Code Sections 1521 and 1522, regarding procurement, prior to adoption at next meeting. ALTERNATIVE COUNCIL OPTIONS: Provide further direction. Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A David Rapport, City Attorney Candace Horsley, City Manager 1. Ordinance- redlined draft indicating changes 2. Proposed Revised Ordinance Approved: Candace Horsley, City Manager ATTACHMENT ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTIONS Z52! AND 1522 OF THE UKIAH CITY CODE, CONCERNING BIDDING PROCEDURES AND OPEN MARKET PURCHASES The City Council of the City of Ukiah hereby ordains as follows: SECTION 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 contracts applicable state law, the City shall invite bids and award using the includinq procedures ,orocedures ,sp_e_c!~_e_cl__!n__th!s__C:_gcl__e_0r_,applicable state law, adopted by~esolution of the City Council. In any conflict or,inconsisten_cT_ -b~e-e-n- ~h-e- p-~0-~i~J0-ns ~)f-~-hi~ '~0d-e~ 'a-n~i st~e i~:w~' ~h-~ 's~ate i~V- ~p-~cJL,-i-si~n--S-h~ii prevail: A. Notice Tnviting 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, all in accordance with policies adopted by the City Council. 1. Published Notice: Notices inviting bids shall be published ,and distributed within the ,t_J_m_e__a__n~__i_n.__th~_ _,~_An__n__e_r_p_rg_v_j_d_ed___by this Cod_e__gr_ 2. Bidders' List: The Purchasing Officer shall also solicit sealed bids from all responsible prospective suppliers whose names are on ,b__i_d_d_e_r_s_'__!i_s__t_s_cg__mp!!_ed_ ~. as required by Section 1522.D.2. B. Bidder's Security: When so required by state law bid and payment bonds shall be required. When deemed necessary by the Purchasing Officer, ,0__e__rf__0_r__m_a_n__c__e bonds may be prescribed in the public notices inviting bids. Bidders shall be Deleted: following ] Deleted: and such other ] Deleted: different ] Deleted: as may be required ] Deleted: state law ] Deleted: other ] Deleted: at least (10) days before ] Deleted: date of opening of ] Deleted: bids Deleted: for such longer period as J may be required by Deleted:, 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, and on the City's website, 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. IDeleted: the Bidders' Ust or who ] have made written request that their names be added thereto. "'~ Deleted: bidder's security 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 ~h~_~t!_rn_e~__required in the Notice Inviting bids and.~_n__a_c__c_o.r_d_a_n_ce with ........ ,app!!cab!~ provisions in the Public Contracts Code. ', ,C- Bid Opening Procedure: Sealed bids shall be submitted to a city officia ----d-e-sign-a-ted i-n the ~0tice in~ifi-ng--si~J~-a-~-~l--s-h~aii-be-iclenti~i~J-a-s-,;b-ids,, 0n 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. ,Lowest Respo_ns_i~!_e__B!dder: Unless bids are reiected as allowed_~_by_!a__w,__the ~ontract_s_,shall be awarded to the lowest responsible bidder submitting a ,E Bidders in Default to City: The agent shall not accept the bid of a contractor .... or supplier who iX in de~a-uit--0-n-~-e--p-a:y~ent 0f-ta~s;--li~e-n-s~s or 0tiiel: monies due the City. ~-1522: - --OP-EN-M-A--RK-~:--:[-N-EORHAL B]:---DD_:[--NG__A_ND CO_N_T___RA____cT_uAL 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. "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. [fa 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. Deleted: 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, Deleted: the surplus, if any, shall be returned to the lowest bidder. ~f 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 bi~s Deleted: the surplus, if any, being returned to the lowest bidder. Formatted: Font: (Default) Helvetica Deleted: Rejection of Bids: In its discretion, and to the extent and according to the procedures required Formatted: Font: (Default) Helvetica Deleted: In determining "lowest responsible bidder", in addition to price, the City Council shall consider: Deleted: 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 Formatted: Font: (Default) Helvetica Deleted: 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 provid~ Deleted: ¶ "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. ]:n 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~_i_y_¢_y~ar_s_f__ro___m__t_h~_date ......... { Deleted: one 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 ]:nviting 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 ~_v_e__y_e~r~ of the q_ugtes s_0_ug_h_t__and re _c_ _e_ i_v_ _e d , t_h_e__b!_d_se!e_ct__ed_a__nd `th_e_ ........... ~, Deleted: one year 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. IDeleted: ¶ ,c;__Ot_he~Contra__c~s___._ ................................................................................. // ~ 1. Public Projects Contracts. a. C_o_n__tr_a___c~s___ f~_r pub!lc_ p_r_oje__cts, sb_a_!l_ _be_ p_"r_0cu__r_ed__ _i_n_ _ ~c_o_ _r_d_a_n_ ~ ............... ~ De.~ted: 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..C_ p_n__t_r_a__ct__s for p_ub!Jc_p_"roJect_s_cps__tLng_~_30_,_0_0__o__0_r~_!es__s_o_r___sg~h ................. ~ De,~ed: 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. ~_0_n_t"r_a___c~Ls____to b~ p_e__ff__o__r__mffd fo_r_ _a__C]ty__ovv__ne_d_p_u_blic__u`t_i_l!_ty,__such__a_s ......... ( De.,ted.. the City's electrical system, which are not public projects or subject to subsections C. 2 and C.3, below, shall be procured in accordance with procedures adopted by the Public Utilities Department and approved by City Council resolution from time to timei [n the absence of a ,resolution,_`the_?_u_b!i_C ........ ~Deleted: resolutioin Utilities Department may use the procedures specified in subsections C.l.a and C.[.b, above. 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. Minimum 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 ~!y_e__¥_e__a_r_s___o_f_t_h__e_q_u_o__tes_ ......... ~ Deleted: one year 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 $:L0,000 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 ]:nviting 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 ~y.e._¥e_ a__r__s___a_~_r_ t_.he_!_r__su~.m_!ss_i_o_n~.__T_he_ _c__o_~tr_a~_ s_ _h a_ l ] _ _b_ e_ _ a_ _w~rde_d_ _by .............. { Deleted: one 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 J subsection ~__.__l_..b,__m__a_¥_ be _r_e_v_!s_e_ d_ by__a___r~01ut_iog_ of _t_he___c_ity_C_o_ugg!!__ba_s~_d___o__n_ ............... { Deleted: B.2 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. 3. When soliciting bids or proposals, the Purchasing Officer shall use all practically available means to solicit such bids and proposals from as large a pool of qualified sources as possible. To aid in accomplishing this goal, the Purchasing Officer shall solicit proposals from qualified bidders who appear J on any list of bidders maintained by the City, The Purchasi_ng Officer shall ...... (Deleted:, including the Bidders' List develop specialized bidders' lists for each type-'0-~-c~t-~a-~t-~le~-r-i~eci-i~ this ........ {. referenced in Section 1521.A.2. Section 1522, including contracts for equipment and supplies, public projects, personal service and maintenance services. The Purchasing Officer shall notify potential suppliers or contractors who contact the City of the opportunity to be listed on bidders' lists, including through the City's website. SECTION TWO. 1. SEVERABTLTTY. 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 ATTEST: Gail Petersen, City Clerk Page 2: [~] Deleted David Rapport 9/25/2006 ~:43 Pl~ 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 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. ATTACHMENT, ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTIONS 1521 AND 1522 OF THE UKIAH CITY CODE~, CONCERNING BIDDING PROCEDURES AND OPEN MARKET PURCHASES The City Council of the City of Ukiah hereby ordains as follows: SECTION 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 procedures specified in this Code or applicable state law, including procedures adopted by resolution of the City Council. In any conflict or inconsistency between the provisions of this Code and state law, the state law provision shall prevail: A. 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, all in accordance with policies adopted by the City Council. 1. Published Notice: Notices inviting bids shall be published and distributed within the time and in the manner provided by this Code or state law. 2. Bidders' List: The Purchasing Officer shall also solicit sealed bids from all responsible prospective suppliers whose names are on bidders' lists compiled as required by Section 1522.D.2. B. Bidder's Security: When so required by state law bid and payment bonds shall be required. When deemed necessary by the Purchasing Officer, performance bonds 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 the time required in the Notice Inviting bids and in accordance with applicable provisions in the Public Contracts Code. C. 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. D. Lowest Responsible Bidder: Unless bids are rejected as allowed by law. the contracts shall be awarded to the lowest responsible bidder submitting a responsive bid. 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 IVlARKET, 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. "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. ]:f 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. :In 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 five years 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 $:1.0~000. 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 $:1.0,000. 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 five years 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 electrical system, which are not public projects or subject to subsections C. 2 and C.3, below, shall be procured in accordance with procedures adopted by the Public Utilities Department and approved by City Council resolution from time to time. Tn the absence of a resolution, the Public Utilities Department may use the procedures specified in subsections C.l.a and C.l.b, above. 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. Minimum Number of Bids: Whenever reasonably feasible, the Purchasing Officer will award the contract based on at least three (3) bids. ii. Notice ]:nviting 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 five years 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 ]:nviting 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 five years 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 C.l.b, 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. 3. When soliciting bids or proposals, the Purchasing Officer shall use all practically available means to solicit such bids and proposals from as large a pool of qualified sources as possible. To aid in accomplishing this goal, the Purchasing Officer shall solicit proposals from qualified bidders who appear on any list of bidders maintained by the City. The Purchasing Officer shall develop specialized bidders' lists for each type of contract described in this Section 1522, including contracts for equipment and supplies, public projects, personal service and maintenance services. The Purchasing Officer shall notify potential suppliers or contractors who contact the City of the opportunity to be listed on bidders' lists, including through the City's website. SECT]:ON TWO. 1. SEVERAB]:LTTY. ]:f 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. EFFECT1~VE 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. ]:ntroduced 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-I-FEST: Gail Petersen, City Clerk AGENDA SUMMARY ITEM NO. 1 la DATE: October 4, 2006 REPORT SUBJECT: AWARD OF CONTRACT FOR CMU BLOCK WALL - 182 E. GOBBI, SPECIFICATION NUMBER 06-13 SUMMARY: The City distributed specifications to eight builder's exchanges and two contractors for the CMU Block Wall - 182 E. Gobbi. The City publicly advertised this project on September 17 & 24, 2006 in the Ukiah Daily Journal. Sealed proposals will be received and opened by the City Clerk on October 3, 2006. The Engineer's Estimate for the project is $16,735. This project is a result of the flood during the first of the year and will be reimbursed by funds through FEMA. The project has been categorically exempt from the requirements of CEQA. Staff is seeking Council approval for the award of the contract based on the outcome of the bid opening. The need for City Council approval so soon after the bid opening date is necessitated by the fact that this work needs to be completed before the start of the rain season. A bid tabulation sheet will be provided to the public and the Council at the meeting. If the bid is awarded, compensation for the performance of the work will be based on unit prices bid for contract item quantities actually installed. Bid totals are based on unit prices bid for contract items at estimated quantities, and therefore, the actual total paid to the contractor may be lower or higher than the bid total indicated. As with construction projects there may be cost overruns by reason of unforeseen work or because actual quantities installed exceed estimated quantities. Policy Resolution No. 13, authorizes the responsible Department Head, with approval of the City Manager, to issue change orders not to exceed 10 percent of the original contract sum or $5,000 whichever is greater provided that no change, when added to the original contract sum, exceeds the amount budgeted for the project. RECOMMENDED ACTION: Award the contract for CMU Block Wall - 182 E. Gobbi, Specification No. 06-13, to the lowest responsive, responsible bidder based on bids submitted on October 3, 2006. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject all bids and direct staff to readvertise for bids. FUNDING: Amount Budqeted $2OO,OOO Account Number 699.260.031 FEMA145 Additional Funds Requested None Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Tim Eriksen, Director of Public Works/City Engineer Alan Hasty, Assistant Engineer Candace Horsley, City Manager Tim Eriksen, Director of Public Works/City Engineer None Candace Horsley, City ManaC~er MEMORANDUM From: CC: Date: Re: Members of the City Council Tim Eriksen, Director of Public Works and City Enginee Gail Petersen, City Clerk October 4, 2006 ITEM 1 la- MEETING OF OCTOBER 4, 2006, AWARD OF CONTRACT FOR CMU BLOCK WALL SPECIFICATION 06-13 Attached for your review is the Bid Tabulation sheet for the above referenced project. The bid opening occurred at 2:00 PM Tuesday October 3, 2006 and there was one bidder. The one bidder, Ferranti Construction, has a bid of $37,361.00. The project funds will be reimbursed by FEMA. Based on the attached Bid Tabulation sheet and the information supplied by the Agenda Report Item 1 la, staff supports the original recommendation. I i ~ ~:88:88 88 Z ~~ 0 ~.- ~ I - AGENDA SUMMARY ITEM NO. 1 lb DATE: October 4, 2006 REPORT SUBJECT: AWARD OF CONTRACT FOR MENDOCINO DRIVE STORM DRAIN REPLACEMENT, SPECIFICATION NUMBER 06-12. SUMMARY: The City distributed specifications to eight builder's exchanges and five contractors for the Mendocino Drive Storm Drain Replacement. The City publicly advertised this project on September 17 & 24, 2006 in the Ukiah Daily Journal. Sealed proposals will be received and opened by the City Clerk on October 3, 2006. The Engineer's Estimate for the project is $57,008. This project is a result of the flood during the first of the year and will be reimbursed by funds through FEMA. The project has been categorically exempt from the requirements of CEQA. Staff is seeking Council approval for the award of the contract based on the outcome of the bid opening. The need for City Council approval so soon after the bid opening date is necessitated by the fact that this work needs to be completed before the start of the rain season. A bid tabulation sheet will be provided to the public and the Council at the meeting. If the bid is awarded, compensation for the performance of the work will be based on unit prices bid for contract item quantities actually installed. Bid totals are based on unit prices bid for contract items at estimated quantities, and therefore, the actual total paid to the contractor may be lower or higher than the bid total indicated. As with construction projects there may be cost overruns by reason of unforeseen work or because actual quantities installed exceed estimated quantities. Policy Resolution No. 13, authorizes the responsible Department Head with approval of the City Manager to issue change orders not to exceed 10 percent of the original contract sum or $5,000 whichever is greater provided that no change, when added to the original contract sum, exceeds the amount budgeted for the project. RECOMMENDED ACTION: Award the contract for Mendocino Drive Storm Drain Replacement, Specification No. 06-12, to the lowest responsive, responsible bidder based on bids submitted on October 3, 2006. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject all bids and direct staff to readvertise for bids, FUNDING: Amount Budqeted $110,000 Account Number 699.260.027 FEMA001 Additional Funds Requested None Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Tim Eriksen, Director of Public Works/City Engineer Alan Hasty, Assistant Engineer Candace Horsley, City Manager Tim Eriksen, Director of Public Works/City Engineer None Candace Horsley, Ci~-M~na~er--,~~'~' ~'' ITEM NO. 1 lc MEETING DATE: October 4, 2006 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION ON ESTABLISHMENT OF A FIRE EQUIPMENT SUB- COMMITTEE Council previously approved funding of needed replacement Fire Department equipment from the "Measure S" 105 Fund. A draft replacement schedule was discussed with Council, but there were various details that needed further review. Staff is requesting a Council sub-committee of two (2) members be selected to meet with staff in order to provide a comprehensive recommendation to Council as a whole. RECOMMENDED ACTION: Select two (2) Councilmembers to serve on a Fire Equipment Sub-committee. ALTERNATIVE COUNCIL POLICY OPTIONS: Citizen Advised: Requested by: Prepared by: Coordinated with: Candace Horsley, City Manager Sue Goodrick, Risk Manager/Budget Officer Candace Horsley, City Manager APPROVED: Candace Horsley, City Manager MEMORANDUM From: CC: Date: Re: Tim Eriksen, Director of Public Works and City Engine . Gail Petersen, City Clerk October 4, 2006 ITEM 1 lb - MEETING OF OCTOBER 4, 2006, AWARD OF CONTRACT FOR MENDOCINO DRIVE STORM DRAIN REPLACEMENT SPECIFICATION 06-12 Attached for your review is the Bid Tabulation sheet for the above referenced project. The bid opening occurred at 2:00 PM Tuesday October 3, 2006 and there were four bidders. The Iow bidder, Paulson Excavating Inc, has a bid of $49,804.00. The project funds will be reimbursed by FEMA. Based on the attached Bid Tabulation sheet and the information supplied by the Agenda Report Item 11 b, staff supports the original recommendation. AGENDA SUMMARY ITEM NO. 1 ld DATE: October 4, 2006 REPORT SUBJECT: AUTHORIZE MAYOR TO SEND LETTER SUPPORTING ADOPTION OF PROPOSED FAIR POLITICAL PRACTICES COMMISSION REGULATION FOR SMALL CITIES SUMMARY: At the direction of the City Council, the City Attorney has been working with other city attorneys and the League of California Cities to get the Fair Political Practices Commission to adopt a regulation to allow City Councilmembers in small cities to participate in decisions affecting the downtown and other vital areas despite owning real property within 500 feet of those areas. The FPPC has published notice of a proposed rule, which it will consider for adoption at its November 14, 2006, meeting. The proposed regulation does not fully address the problem, but it will have some future benefit and is the most the City will be able to get from the FPPC at this time. The City Attorney recommends that the City Council authorize the Mayor to send the letter, attached as Attachment 1, to the FPPC, urging the Commissioners to adopt the proposed regulation, which is attached as Attachment 2. The proposed regulation will reduce for small cities the disqualifying distance arising from property ownership from 500 feet to 300 feet, where the property owned by the city council member is the Councilmember's permanent residence. Attachment 1 notes that the rule should also include property owned or leased by a City Councilmember as his or her principal place of business, but the staff was not willing to go that far. The City Attorney has been told that the Commission may not even adopt the proposed regulation, unless it receives more letters urging its adoption. [continued on page 2] RECOMMENDED ACTION: Authorize Mayor to send letter supporting adoption of Proposed Fair Political Practices Commission Regulation for small cities. ALTERNATIVE COUNCIL OPTIONS: Provide alternative direction. Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: David Rapport, City Attorney David Rapport, City Attorney Candace Horsley, City Manager 1. Proposed Letter of Support- Proposed Regulations for Small Cities 2. Proposed FPPC Regulation APPROVED: The current FPPC rules have created conflicts of interest for four of the five City Council members in connection with decisions affecting the downtown business district and the "gateway" streets (Perkins, Gobbi and Talmage). Participation in those decisions has been by random selection of enough Councilmembers to make a quorum. As pointed out in Attachment 1, preservation of its downtown is a major land use issue in the City. The importance of these major land use issues frequently motivate people to run for City Council. These officials run for office based on their positions regarding these questions and their constituents voted for them, because of these positions. The constituents expect them to vote, when these issues come before the City Council and are frequently disappointed that their candidate must refrain from participating because of conflicts of interest. When participants are selected at random under 2 CCR § 18708, chance, rather than the political process, often determines how a City Council decides these critical issues. The City Attorney had proposed a regulation which would extend the "public generally" exception to decisions of city-wide importance, regardless of the distance from the property owned by a decision-maker and the affected area or the type of property owned by the decision-maker. However, the staff of the FPPC did not believe the Commission had the statutory authority to go that far and it had other concerns about the workability of that rule. They were, however, willing to reduce the distance for automatic disqualification under specified circumstances, if the property creating the conflict is the decision-maker's permanent residence. Attachment 1 October 4, 2006 Fair Political Practices Commission 428 J Street, Suite 800 Sacramento, California 95814 Re: Adoption of Proposed Regulation for small cities: 2 Cal. Code Regs. Section 18707.10 Dear Commissioners: At its meeting on October 4, 2006, the City Council of the City of Ukiah authorized and directed me, as the City's Mayor, to write this letter urging you to adopt the above-referenced proposed regulation at your upcoming meeting on November 14, 2006. The Ukiah City Council became concerned with the impact of the Commission's regulations earlier this year, when the "500 foot rule" (see 2 CCR § 18704.2) triggering the "even one cent" rule required four of the five City Councilmembers to declare a conflict regarding the development of formed based zoning and a possible limitation on "formula businesses" for the downtown area of the City. The City learned that, at least, 15 other small cities had similar concerns. The League of California Cities agreed to facilitate a discussion of this problem at the Spring City Attorney Conference. City attorneys representing numerous small cities attended a "break out session" to discuss the problem. Examples of the participants in the break-out session include Ukiah which has a resident population of approximately 15,500, ranges in width from .5 miles to 1.5 miles, is roughly 4 miles long and 4.7 square miles; Solano Beach, which has a resident population of approximately 13,000 and is roughly 4 square miles; Bishop with a population of 3,600 and roughly 1.8 square miles, and Loma Linda which has a population of roughly 20,000 and is approximately 7.3 square miles. In these smaller communities land use issues affecting select, but very important, parts of town are among the most important issues facing these communities. The importance of these issues to the community as a whole generally outweighs the financial impact on property owned by individual city officials. For example, because of its climate and coastal access, Solano Beach has a large number of vacation rentals. Bluff erosion is a major issue in Solano Beach and shoreline issues motivated a number of Councilmembers to run for Letter to Fair Political Practices Commission Subject: Adoption of Proposed Regulation 2 CCR {}18707.10 Page 2 office. Solano Beach hired an expert to establish that a sufficient number of parcels were affected by these issues to qualify for the public generally exception under 2 CCR §18707.1 [10% of property owners]. The FPPC has taken the position that vacation rentals cannot be counted as households. As a result, the FPPC would not recognize the applicability of the public generally exception for shoreline protection issues in Solano Beach. Loma Linda is home to Loma Linda University. One City Councilmember is a professor at the University. Another is a lawyer who represents the University. A third City Councilmember is a physician at Loma Linda University Medical Center. The City Council winds up drawing straws, whenever an issue comes before the City Council that could have a material financial effect on the University. A large number of issues tend to affect the University, because of its location and importance to the community. In Bishop, because of its very small size, the biggest problem is the proximity of single family residences to other property in the city which may be the subject of a land use decision. Ukiah faces similar problems. Preservation of its downtown is a major issue in the city as it is for many small cities. Because the downtown is located in the virtual center of the city and because the city is quite narrow, four of the current City Councilmembers own property (either their own home or a business office) within 500 feet of the boundaries of the area recognized as the downtown business improvement district and the "gateway streets" leading from US Highway 101 into the downtown area. The importance of these land use decisions frequently motivate people to run for City Council. These officials run for office based on their positions regarding these questions and their constituents voted for them, because of these positions. The constituents expect them to vote, when these issues come before the city council and are frequently disappointed that their candidate must refrain from participating because of conflicts of interest. When participants are selected at random under 2 CCR § 18708, chance, rather than the political process, often determines how a City Council decides these critical issues. Because of their small size and populations, the 500 foot rule and the limitations on the Public Generally exception have a greater impact on small cities than on larger ones. This is the case, for example, in Solano Beach, Bishop, Loma Linda and Ukiah. A revision of the Public Generally regulations could reduce this impact for small cities, encourage qualified candidates to run for office and allow decisions to be made by the democratic process rather than by drawing cards or rolling dice. Letter to Fair Political Practices Commission Subject: Adoption of Proposed Regulation 2 CCR {}18707.10 Page The proposed regulation doesn't solve this problem entirely, but should help by reducing the distance resulting in automatic disqualification from 500 feet to 300 feet. The regulation would be of even greater benefit, if it included not only the official's personal residence but also a property owned and used as his or her principal place of business. In Ukiah, for example, the automatic disqualification has affected me, because I own my own dental office, and another Councilmember, because her husband owns his own law office. Nevertheless, the proposed regulation will certainly help this and future city councils and the Ukiah City Council urges the Commission to adopt the proposed regulation. Sincerely, Mark Ashiku, Mayor cc: Ukiah City Council ATTACHMENT~ 1 Adopt 2 Cal. Code Regs. section 18707.10 to read: 2 § 18707.10. Public Generally. Small Jurisdictions; Effects on Official's Domicile. 3 {DECISION POINT 5} (a) The effect of a governmental decision on the residential real 4 property that is the domicile of a public official is not distinguishable from the effect on the 5 public generally if all of the following conditions are met: (1) The jurisdiction of the public official's agency has a population of 25,000 or less and 7 covers a geographic area often square miles or less; (2) The public official is required to live within the jurisdiction; (3) The public official, if elected, has been elected in an at-large jurisdiction; 10 (4) The official's property is more than 300 feet from the boundaries of the property that 11 is the subject of the governmental decision; 12 (5) The official's property is located on a lot not more than one-quarter acre in size or 13 not larger than 125 percent of the median residential lot size for the jurisdiction; and 14 (6) There are at least 20 other properties under separate ownership within a 500 foot 15 radius of the boundaries of the property that is the subject of the governmental decision that are 16 similar in value. 17 (b) For purposes of this regulation, "domicile" means the real property upon which the 18 official makes his or her true, fixed, and permanent residence and the place to which he or she 8/24/06 1 18707.10 adopt/prenotice 1 has the intention of returning after any absence. A person may have more than one residence but 2 only one domicile. With respect to an ownership interest in any real estate containing the 3 official's domicile where portions of the real estate are designated for separate ownership and 4 portions are designated for common ownership solely by the owners of the separate portions, the 5 official's domicile is the unit, area, or space in which the official has a separate ownership 6 interest. (c) Nothing contained in this regulation shall preclude the application of the public 8 generally provisions of regulation 18707.1 or any other regulations not applicable solely to small 9 jurisdictions. 10 NOTE: Authority cited: Section 83112, Government Code. 11 Reference: Section 87103, Government Code. 8/24/06 2 18707.10 adopt/prenotice