HomeMy WebLinkAbout2011-02-02 PacketCITY OF UKIAH
CITY COUNCIL AGENDA
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
February 2, 2011
6:00 p.m.
1. ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
4. PETITIONS AND COMMUNICATIONS
5. APPROVAL OF MINUTES
a. Regular Minutes of January 19, 2011
6. 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.
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.
a. Update Report On Local Emergency Declaration Regarding Drought And Water Shortage
Status
b. Update Report Regarding Status Of Water Emergency Conditions Necessitating
Emergency Resolution To Expedite Construction Of Oak Manor Drive Water Well
C. Authorize City Manager To Negotiate And Execute Lease Agreement For Ukiah Youth
Baseball League, Inc.
d. Report To City Council Regarding The Contract For Professional Services With The North
Bay Professional Officials Association For Adult Basketball Referees
e. Report To City Council Regarding The Purchase Of Pulsar Plus Chlorine Briquettes From
Lincoln Equipment Co, Inc. For The Ukiah Municipal Swimming Pools In The Amount Of
$5,002.50.
f. Receive Report Of The Acquisition Of 2,000 Pound Capacity Vapor Phase Carbon
Adsorbers And 6,000 Pounds Of Carbon From Pure Effect, Inc. In The Amount Of
$18,889.88
g. Report Of Acquisition Of Professional Consulting Services From Rau And Associates, Inc.
For Design Of Waugh Lane Bridge
h. Report Of Acquisition Of Professional Consulting Services From Green Valley Consulting
Engineers In The Amount Of $9,983 For Additional Construction Management Work For
The Realignment Of Gobbi Street - Oak Manor Drive - Babcock Lane Intersection
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.
9. PUBLIC HEARINGS (6:15 PM)
10. UNFINISHED BUSINESS
a. Approve Professional Services Agreement With David R. Lewis In An Amount Not To
Exceed $10,000 To Provide Right Of Way Services For The Acquisition Of An Easement At
The Intersection Of Perkins Street And Orchard Avenue
b. Review And Approval Of The Revitalizing Business Investment And Lending Development
(ReBILD) Guidelines And The Corresponding Budget Amendment Utilizing CDBG Program
Income.
11. NEW BUSINESS
a. Approval To Sole Source Costco Environmental Impact Report Work To Environmental
Science Associates (ESA)
b. Review And Approval Of The Community Development Block Grant (CDBG) Business
Assistance Program Guidelines
12. COUNCIL REPORTS
13. CITY MANAGER/CITY CLERK REPORTS
14. CLOSED SESSION - Closed Session may be held at any time during the meeting
a. Conference with Legal Counsel -Existing Litigation
Government Code Section 54956.9
Name of case: (Ukiah Valley Sanitation District v. City of Ukiah, SCUK1057183)
b. Conference with Legal Counsel-Anticipated Litigation
Initiation of litigation pursuant to subdivision c of Government Code Section 54956.9:
(1 case)
15. 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.
Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are
available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA
95482, during normal business hours, Monday through Friday, 8:00 am to 5:00 pm.
hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was
posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue,
Ukiah, California, not less than 72 hours prior to the meeting set forth on this agenda.
Dated this 28th day of Januay 2011.
JoAnne Currie, City Clerk
Item 5a
CITY OF UKIAH
CITY COUNCIL MINUTES
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminar Avenue
Ukiah, CA 95482
1/19/2011
6:00 pm
1. ROLL CALL
Ukiah City Council met at a Regular Meeting on January 19, 2011, the notice for which
being legally noticed on January 14, 2011. Mayor Rodin called the meeting to order at
6:03 pm. Roll was taken with the following Councilmembers present: Landis, Thomas,
Crane (arriving 6:11 pm), Baldwin (arriving 6:08 pm), and Mayor Rodin. Councilmembers
absent: None. Staff present: City Manager Chambers, Assistant City Manager
Sangiacomo, City Attorney Rapport, Director of Public Works/City Engineer Eriksen,
Community Services Administrator Marsolan, Project and Grant Administrator Mills,
Electric Utility Director Grandi, Electric Distribution Engineer Bauer, Human Resource
Director Harris, and City Clerk Currie.
2. PLEDGE OF ALLEGIANCE
3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
4. PETITIONS AND COMMUNICATIONS
5. APPROVAL OF MINUTES
a. Regular Minutes of January 5, 2011
M/S Landis/Thomas to approve minutes of January 5, 2011, as submitted.
Motion carried by all AYE voice vote. Absent: Councilmember Crane and
Baldwin.
6. RIGHT TO APPEAL DECISION
7. CONSENT CALENDAR
a. Report of Disbursements for Month of December 2010
b. Report of Expenditure of $7002.61 to Redwood Coast Fuels for the Purchase of
Red Diesel #2
C. Report of Expenditure of $6,920.33 Plus Tax and Shipping to Pace Supply for
the Purchase of Plumbing Supplies for the Ukiah Skate Park Restroom
d. Adoption of Resolution Approving City of Ukiah Qualified Contractors List for
2011
e. Award Purchase of Pole Mount and Pad Mount Transformers for the Total
Amount of $30,198.12
f. Approval of Notice of Completion for 2002 STIP Realignment of Gobbi Street-
Oak Manor Drive-Babcock Lane Intersection, Specification No. 09-02
Page 1 1/1911
g. Approval of Loan Servicing Policies and Procedures for Single Family Home
Activities: First Time Homebuyer (FTHB) and Owner-Occupied Rehabilitation
(OOR)
h. Update Report On Local Emergency Declaration Regarding Drought and Water
Shortage Status
i. Update Report Regarding Status of Water Emergency Conditions Necessitating
Emergency Resolution to Expedite Construction of Oak Manor Drive Water Well
j. Approval of Change Order #1 with Balance Hydrologics for Completion of the
Percolation Pond Study and Associated Budget Amendment in the Amount of
$17,445.69
MIS Landis/Thomas to approve Consent Items 7a-j. Motion carried by the following roll
call votes: AYES: Landis, Thomas, and Mayor Rodin. NOES: None. ABSENT:
Councilmember Crane and Baldwin. ABSTAIN: None.
8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
9. PUBLIC HEARINGS (6:15 PM)
12. COUNCIL REPORTS
Councilmember Thomas reported on the January 19, 2011 Library Advisory Board
meeting. The Board met with Mendocino County's Chief Executive Officer Carmel J.
Angelo to review budget concerns over the governor's proposed budget. Thomas
reported on his and City Manager Chamber's attendance at a League of California Cities
regional meeting. A topic at that meeting was the League's perception of the governor's
proposed budget.
Councilmember Landis reported that March 6, 2011, is Ukiah's celebration of National
Women's History Day at the Saturday Afternoon Club. Councilmember Thomas and
Landis have met with city staff and members of the Stakepark Committee and reported
they are working collaboratively regarding users following the safety rules. Landis also
reported that the second annual Shop Local youth film contest will be starting soon.
Mayor Rodin and Councilmember Landis are participating on a North Coast regional
food consortium in connection with the USDA.
Councilmember Baldwin provided Council with an LA Times article dated January 17,
2010, regarding safety concerns of common coal tar driveway sealant and would like to
agendize a discussion regarding a ban of this particular sealant.
Councilmember Crane stated for the record the northbound lane on River Road/
Babcock there is a slight offset that should have a guard rail.
Mayor Rodin reported the Public Advisory Court House group met. The timeline is
ambitious. The Administrative Office of the Courts (AOC) is submitting the paperwork for
two downtown sites to the public works board in March 2011 with the hope the board will
approve the two sites in May 2011. Once approved, the AOC is allowed to begin
negotiations. Mayor Rodin reported on a letter to Mendocino County Supervisor Carrie
Brown from the Manager of Government Relations US Postal Service. The letter states
they are considering moving the Ukiah Main post office to the Ukiah Annex location.
Page 2 1/1911.
10. UNFINISHED BUSINESS
a. Approve an Amendment to the Fiscal Year 2010/2011 Revenue and
Expense Budgets in the Amounts of One Million Sixty-Six Thousand Five
Hundred Fifty-One Dollars, and Five Hundred Seventy-Six Thousand Six
Hundred Fifty-Four Dollars Respectively
Finance Director Elton presented the item. Recommended Action: Approve FY
2010/2011 budget amendments as proposed by staff.
MIS Baldwin/Landis to approve an Amendment to, the Fiscal Year 2010/2011
Revenue and Expense Budgets. Motion carried by the following roll call votes:
AYES: Landis, Thomas, Councilmember Rodin, Crane, Baldwin. NOES: None.
ABSENT: None. ABSTAIN: None.
b. Consideration for Adoption of Prequalification Process for Riverside Park
Phase One Trails and Re-Vegetation Project Funded By California
Resources Agency River Parkways Grant
Community Services Administrator Marsolan presented the item.
Recommended Action: Adopt resolution for a prequalification process for
Riverside Park Phase One Trails and Re-vegetation Project.
MIS Baldwin/Landis to approve adoption of the Prequalification Process for
Riverside Park Phase One Trails and Re-Vegetation Project.
Public Comment Opened 6:44 pm
Public speaking to the item: John Peaslee, Ukiah resident.
Public Comment Closed 6:45 pm
Motion carried by the following roll call votes: AYES: Councilmember Landis,
Thomas, Baldwin, and Mayor Rodin. NOES: Councilmember Crane. ABSENT:
None. ABSTAIN: None.
C. Rescind Award of Contract for Perkins Street and Orchard Avenue
Intersection Improvements, Specification No. 09-14 and Direct Staff to
Return the Original Bonds to North Bay Construction, Inc.
Director of Public Works/City Engineer Eriksen presented the item.
Recommended Action(s): Rescind award of contract for Perkins Street and
Orchard Avenue Intersection Improvements, Specification No. 09-14 and direct
staff to return the original bonds to North Bay Construction, Inc.
MIS Landis/Thomas to approve Recommended Action. Motion carried by the
following roll call votes: AYES: Landis, Thomas, Crane, Baldwin, and Mayor
Rodin. NOES: None. ABSENT: None. ABSTAIN: None.
d. Discussion and Possible Action to Approve an Exclusive Negotiating
Agreement with Costco Wholesale Corporation and Authorize the City
Manager/Executive Director to Execute the Agreement
Page 3 1/1911
Assistant City Manager Sangiacomo and Project and Grant Administrator Mills
presented the item. Recommended Action(s): Approve an Exclusive
Negotiating Agreement with Costco Wholesale Corporation and authorize the
City Manager/Executive Director to execute the agreement and a subsequently
negotiated reimbursement agreement, provided the reimbursement agreement
does not require the expenditure of redevelopment funds.
MIS Landis/Baldwin to approve an Exclusive Negotiating Agreement with
Costco Wholesale Corporation and Authorize the City Manager/Executive
Director to Execute the Agreement.
Public Comment opened 6:56 pm
Public Speaking in opposition of the item: Jim Houle, Redwood Valley resident
and member of the County Green Party.
Closed public comment 7:02 pm
Motion carried by the following roll call votes: AYES: Landis, Thomas, Crane,
Baldwin, and Mayor Rodin. NOES: None. ABSENT: None. ABSTAIN: None.
City Attorney Rapport referred to a small typo on attachment 3 ofthe agreement
that will be corrected.
Recessed 7:06 pm
Reconvened 7:15 pm
11. NEW BUSINESS
a. Discussion and Possible Approval of Streetlight Pole License for PG&E
Smartmeter Equipment
Electric Utility Director Grandi presented the item. Recommended Action:
Approve the agreement or provide direction to staff regarding the terms of the
agreement.
PG&E representatives provided information and answered City Council
questions: Cynthia Haines, Josh Townsend, Bill Monlux, Carl Bushberg
Public Comment opened 7:24 pm
Public Speaking iti opposition to the Item: Susan Kenuff
Public Comment closed 7:33 pm
MIS Crane/Thomas to approve Streetlight Pole License for PG&E Smartmeter
Equipment. Motion carried by the following roll call votes: AYES: Landis,
Thomas, Crane, Baldwin, and Mayor Rodin. NOES: None. ABSENT: None.
ABSTAIN: None.
b. Award of the Purchase of Six Padmounted Vacuum Fault Interrupters (VFI)
Switchgear Needed for the Orchard Substation Project and the Electric
System Reliability Improvements From HD Supply Utilities in Portland,
Oregon in the Amount of $141,081.
Page 4 1/1911
Electric Utility Director Grandi and Electric Distribution Engineer Bauer presented
the item. Recommended Action: Award of the Purchase of six, padmounted VFI
switchgear needed for the Orchard Substation project and the electric system
reliability improvements from HD supply utilities in Portland, Oregon in the
amount of $141,081.
M/S Crane/Thomas to approve Recommended Action. Motion carried by the
following roll call votes: AYES: Landis, Thomas, Crane, Baldwin, and Mayor
Rodin. NOES: None. ABSENT: None. ABSTAIN: None.
C. Adoption of Policy Resolution Establishing the Agenda Order for Council
Meetings
Mayor Rodin presented the item. Recommended Action: Adopt Policy
Resolution establishing the Agenda order for city Council meetings.
M/S Baldwin/Thomas to approve councilmember and committee reports
becoming item 9 on the agenda. Motion carried by the following roll call votes:
AYES: Landis, Thomas, Crane, Baldwin, and Mayor Rodin. NOES: None.
ABSENT: None. ABSTAIN: None.
d. Resolution of the Ukiah City Council Regarding Needed Improvements to
Coyote Dam and Lake Mendocino
Councilmember Thomas presented the item. Recommended Action: Adopt
Resolution Requesting the Federal Government Appropriate sufficient funds to
the U.S. Army Corps of Engineers in the FY 2012 Budget to resolve all ongoing
problems with Coyote Dam.
M/S Baldwin/Landis to approve Recommended Action.
Councilmember Thomas requested agendizing an Inland Water and Power
Commission expenditure item.
Motion carried by the following roll call votes: AYES: Landis, Thomas, Crane,
Baldwin. and Mayor Rodin. NOES: None. ABSENT: None. ABSTAIN: None.
M/S Baldwin/Thomas to approve reconsidering item 11 c. Motion carried by the following roll
call votes: AYES: Landis, Thomas, Crane, Baldwin, and Mayor Rodin. NOES: None. ABSENT:
None. ABSTAIN: None.
C. Adoption of Policy Resolution Establishing the Agenda Order for Council
Meetings
Mayor Rodin presented the item. Recommended Action: Adopt Policy
Resolution establishing the Agenda order for city Council meetings.
M/S Baldwin/Landis to approve to amending the motion to include City Manager
and City Clerk Reports becoming item 10 on the Agenda. Motion carried by the
Page 5 1/1911
following roll call votes: AYES: Landis, Thomas, Crane, Baldwin, and Mayor
Rodin. NOES: None. ABSENT: None. ABSTAIN: None.
13. CITY MANAGER/CITY CLERK REPORTS
City Manager Chambers reported she will be contacting Councilmembers to schedule a
Strategic Planning meeting regarding what would have been on the December's
Strategic Planning meeting agenda, which will include City financing and the 2011/2012
budget strategy.
City Clerk Currie reported Maddy Act Requirements are met and applications and
notices are posted on the City website for boards, commissions, and committees having
vacancies occurring in June 2011.
Adjourned to closed session and convene as the Ukiah Redevelopment Agency at 8 pm.
14. CLOSED SESSION - Closed Session may be held at any time during the meetin
a. Conference with Legal Counsel -Existing Litigation
Government Code Section 54956.9
Name of case: (Ukiah Valley Sanitation District v. City of Ukiah, SCUK1057183
b. Conference with Legal Counsel Anticipated Litigation
Initiation of litigation pursuant to subdivision c of Government Code Section
54956.9: (1 case)
C. Conference with Labor Negotiator 54957.6)
Agency Representative: Jane Chambers, City Manager
Employee Organizations: Police, Fire, Electric, Miscellaneous, Management,
and Department Head Units
d. Conference with Real Property Negotiators (§54956.8)
Property: APN 180-080-57, 58, 59, 62, 63, 64, 6, 66, 67, 180.110-08, 09, 10
Negotiator: Jane Chambers, Executive Director .
Negotiating Parties: Ukiah Redevelopment Agency and Northwest Atlantic
(Costco)
Under Negotiation: Price & Terms
Not heard
Reconvened in Open Session at 9:55 pm with no reportable action.
15. ADJOURNMENT
There being no further business, the meeting adjourned at 9:55 pm
JoAnne M. Currie, City Clerk
Page 6 1/1911
G~ty Cli..gik aF
ITEM NO.: 7a
MEETING DATE: February 2, 2011
AGENDA SUMMARY REPORT
SUBJECT: UPDATE REPORT ON LOCAL EMERGENCY DECLARATION REGARDING DROUGHT
AND WATER SHORTAGE STATUS
Summary: In drought conditions, the City may declare a local emergency under the California Emergency
Services Act ("ESA"). In addition, the City Council under the Ukiah City Code may declare a Water Shortage
Emergency as a Stage I, II or III emergency. At its meeting of April 15, 2009, the City Council adopted a
RESOLUTION DECLARING A LOCAL EMERGENCY UNDER THE STATE EMERGENCY SERVICES ACT
AND A STAGE I WATER SHORTAGE EMERGENCY UNDER SECTION 3602 THE UKIAH CITY CODE.
(Attachment #1).
The resolution contains recitals setting forth the drought conditions and the response to those conditions by
the State, Mendocino County, the Sonoma County Water Agency and the State Water Resources Control
Board which the resolution seeks to address. Please refer to those recitals for details.
Subsequent to adoption of the resolution, City staff has responded further to the water shortage emergency by
replying to the Sonoma County Water Agency (SCWA) regarding actions that the City of Ukiah has taken, and
will be taking, to address water conservation. Attachment #2 is a copy of that letter. The letter outlined
actions that the City is taking, responded to SCWA's request for water use information, and included an outline
of the City of Ukiah's water conservation program for 2009.
As a result of the drought, the City Council has considered many different aspects of the water shortage issue.
Under Council's direction, staff has implemented a series of water conservation and education measures. In
addition, the City has a full time staff position dedicated to implementing these measures.
Water demand has decreased by 20.8% from the 2008 quantities and 19.0% as compared to the 2004
quantities. Staff assumes that this is as a result of our conservation efforts. This will affect our revenues and
staff is working on solutions for this issue as we analyze the fee study that is currently being prepared by an
outside consulting firm.
Developments from the SWRCB
On May 28, 2009, the State Water Resources Control Board (SWRCB) issued an amendment to Order WR
2009-0027-DWR, Order WR 2009-0034-EXEC. The amended order conditionally approves Sonoma County
Water Agency's (SCWA) petition to reduce the flow in the Russian River from July 6 through October 2, 2009
Continued on paae 2
Recommended Action: 1. City Council receive the status report on water shortage emergency
Alternative Council Option(s): N/A
Citizens advised: N/A
Requested by: Jane Chambers, City Manager
Prepared by: Lauren McPhaul, Public Works Water & Sewer Project Coordinator
Coordinated with: Tim Eriksen, Director of Public Works and City Engineer
Attachments: Attachment 1 - Resolution
Attachment 2 - Letter to SCWA
Approved:
. Ja hambers, City Manager
Subject: Drought and Water Shortage Status
Meeting Date: February 2, 2011
Page 2 of 2
to 25 cubic feet per second (cfs) for the upper Russian River and 35 cfs for the lower Russian River if during
the period from April 1 through June 30 total inflow to Lake Mendocino is less than or equal to 25,000 acre-
feet.
The amended order confirms a water conservation goal for Mendocino County of 50% (compared to 2004)
from April 6, 2009 until the expiration of this order (October 2, 2009), "By May 6, 2009, SCWA shall submit a
plan to the State Water Resources Control Board to obtain the cooperation and participation of agricultural and
municipal Russian River water user to reach a water conservation goal of 25 percent in Sonoma County and
50 percent in Mendocino County for the period of April 6, 2009 until the expiration of this order (October 2,
2009).
The amended order modified the original order issued on April 6, 2009. From July 6 through October 2, 2009,
minimum in-stream flow shall remain at or above 25 cfs, if Lake Mendocino storage is less than 65,630 acre
feet on July 1, 2009 (instead of total inflow to Lake Mendocino less than or equal to 25,000 acre-feet).
On October 27, 2009 the County of Mendocino Water Agency discussed the current water storage situation in
the Ukiah Valley. The discussion led to the consideration of repealing the County emergency order for all
water purveyors to limit water usage by 50%. The Agency was not comfortable with the language in the
repealing order as prepared by staff and requested staff to bring the order back for adoption at the next
regularly scheduled meeting. On November 3, 2009 the County of Mendocino retracted the 50% conservation
requirement. However, the Board of Supervisors recommended that each water district strive to achieve 25%
conservation on a voluntary basis. The City of Ukiah in the coming weeks must consider how to address this
voluntary request by the County of Mendocino.
Updated Staff Actions
Staff has continually monitored this issue in response to the City Council concerns about this emergency and
the length of time that it has been in effect. On December 16, 2009 City Council repealed the mandatory
water rationing, however, Stage I voluntary rationing is still in place. Lake Mendocino storage is now 69,459
acre-feet. Staff recommends the continuation of the voluntary conservation measures. It should be noted that
the construction of the pump house at Oak Manor well #8 is completed. Water Treatment Plant personnel are
in the final stages of testing the well motor and other components before putting the well in service.
Regional Issues
The administrative draft of The Water Supply Assessment for the Ukiah Valley Area Plan (UVAP) has been
released for comment. This plan was originally drafted a few months ago. The original was flawed with
inaccurate data. County staff has done an admiral job at rewriting this document. However, with the recent
changes in county staff at the water agency, the status of this study is uncertain.
ATTACHMENT-__L_
RESOLUTION NO. 2009-17
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UKI'AH DECLARING A LOCAL EMERGENCY
PURSUANT TO THE EMERGENCY SERVICES ACT AND
.A: STAGE I WATER` EMERGENCY UNDER SECTION 3602
OF THE UKIAH CITY CODE
WHEREAS,
1. Lake Mendocino and the Russian River are one current source of water for the City of
Ukiah and the primary source of water for other domestic and agricultural users of water in
Mendocino and Sonoma Counties; and
2. Average rainfall through March for the area contributing run-off to Lake Mendocino
is 42 inches and the rainfall total through March 2009 is 23 inches; and
3. There have been below average rainfall and reduced storage in Lake Mendocino in
2004, 2007 and 2008; and
4. Average rainfall for April - June is 4.8 inches; and
• 5. Even average rainfall for the remainder of the rainy season cannot compensate for the
extremely low rainfall this year, and
6. Lake Mendocino held approximately 53,000 acre feet on April 1, 2009, with a Lake
level of 727.63 feet; and
7. The average Lake storage in April is 84,448 acre feet, the Lake storage in April 2007
was 56,617 acre feet and the average Lake storage in October is 55,854 acre feet, more water at
the end of the dry summer season than is currently stored in the Lake; and `
8. The historically low water storage level in Lake Mendocino this year is part of a
statewide water shortage.caused by inadequate rainfall which has prompted Governor
Schwarzenegger to declare a statewide emergency under the Emergency Services Act due to
these drought conditions and
9. Mendocino County has declared a local' emergency due to drought conditions under
the Emergency Services Act; and
10.. On April 6, 2009, the State Water Resources Control Board ("SVVR.CB") has
approved an Urgency Change Petition filed by the Sonoma County Water Agency C SCWA") to
reduce in-stream flows in the Russian River to 75 cfs from April 6-June 30, 2009 and to as low
as 25 cfs for the period July 1-06tober 2, 2009, if cumulative total inflow to Lake Mendocino is
equal to or less than 25,000 acre feet for the period April 1-June 30, 2009; and
11. The order approving temporary, changes. to the minimum in-stream flows required by the
appropriative rights permits issued to SCWA is subject to several conditions, including a condition
requiring the SCWA to submit a plan by May 6, 2009, to the SWRCB to `obtain the cooperation
and participation of agricultural and municipal Russian River water users to reach a water
conservation goal of 25 percent in Sonoma County and 50 percent in Mendocino County for the
period ofAprff 6, 2009 until the expiration of this order (October 2, 2009)' and
12. A local emergency under the California Emergency Services Act (Government Code
§8550 et seq.) is defined in Section 8558(c) as the duly proclaimed existence of conditions of disaster
or of extreme peril to the safety of persons and property within the territorial limits of the City caused
by such conditions as drought which are or are likely to be beyond the control of the services,
personnel, equipment, and facilities of individual local governments and which require the combined
forces of other political subdivisions to combat; and
13. The historically low rainfall and water storage in Lake Mendocino qualifies as a local
emergency under the statutory definition; and
14. In a declared local emergency, local agencies may provide'mutual aid as needed pursuant
to agreements or resolutions, state agencies may provide mutual aid to local agencies pursuant to
agreement or at the direction of the Governor, costs incurred by the City in providing mutual aid
pursuant to agreements or resolution constitute a charge against the state, when approved by the
Governor in accordance with adopted regulations, and the City Council may promulgate orders and
regulations for the duration of the emergency to provide protection for life and property (see
Goverrnment Code 8631-86-34); and
~I
15, In a declared local emergency, the City Council must review the state of the emergency '
not less than every 21 days after first declaring the emergency; and
16. Under Uldah City Code Section 3602, the City Council may by resolution declare a
water emergency, specify the degree of emergency and place into effect the appropriate provisions of
Division 4, Chapter 1, Article 1 l of the Uldah City Code pertaining to a Water Shortage Emergency;
and
17 In a Stage I water emergency the Mayor shall issue aproclamation urging citizens to
institute such water conservation measures on a voluntary basis as maybe required to reduce
water demand to coincide with available supply; and
IS. The City Council has already authorized the development of a groundwater well on
an emergency basis to provide the City with an additional water source this summer that does not
rely on the Russian River or water stored in Lake Mendocino; and
19. Stage II and III water emergencies impose various mandatory conservation measures
on. City residents, including a prohibition on "nonessential water use"' in a Stage II water
emergency and a limit on the daily use of water by different classes of water user in a Stage III
emergency; and
2
20. The City can declare a Stage II or Stage II emergency, if voluntary measures or less
sever mandatory measures does' not achieve an adequate reduction in the use of Russian River
water or in water use generally to meet the available supply;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah hereby:
1. Declares,a local emergency due to drought under the Emergency Service Act.
2. Declares a StageI Water Storage Emergency under Uldah City Code Section 3602.
3. Directs the City Manager:
a. to identify and encourage the use as a Russian River water user of voluntary
measures to reach a water conservation goal of 50 percent for the period of April 6, 2009 to
October 2, 2009 ("Conservation Period!% and to report back t6 the City Council at each City
Council meeting lield during that same time period on the measures identified, the means used to
encourage their use, the amount of water use reduction, and the status of the emergency
conditions;
b. to notify the City Council, if the City Manager determines that a Stage I Water
Emergency is not reducing water use to match the available supply and to recommend a Stage II
or M emergency, if necessary to achieve that level of water use;
c. at City Councilmeetings during the Conservation Period to recommend
temporary rules or orders to. supplement or modify mandatory conservation measures in a Stage
H or III Water Storage Emergency to reduce water use to the available supply and to achieve the
conservation goals in Order WR 2009-0027-DWR. issued by the Division of Water Rights of the
State Water Resources Control Board;
c. to work with other local governments in the County, including the incorporated
cities and county water districts, to preserve as much water as possible for use during the dry summer
months and for the fall return of Chinook Salmon to the Russian River; and
d. to coordinate mutual aid efforts to address the local emergency between and among
political subdivisions in Mendocino and Sonoma Counties and state agencies.
PASSED AND ADOPTED on April 15, 2009, by the following roll call vote:
AYES: Councilmembers Landis,
Thomas, Crane, Rodin, and Mayor Baldwin
NOES: None
ABSTAIN: None
ABSENT: None
Philip E. aldwin, Mayor
ATTEST
` U d ro ity Clerk
April 28, 2009 6
Lynn Florey
Sonoma County Water Agency
Principal Program Specialist
P.O. Box 11628 '
Santa Rosa, CA 95406
Dear Ms. Florey;
This letter is written in response to your letter dated April 17, 2009. I do not know when
your letter was received by the City of Ukiah, but it arrived' at our water treatment plant
rather than in my office at City Hall. The letter was just brought to my attention late
yesterday.
I had been expecting a request to respond to Sonoma County Water Agency for
information related to the State Water Resources Control Board's ruling, and, therefore,
am snaking an effort to meet your deadline of today's date. In future, it would be helpful
if you could copy and/or address critical dated correspondence about these current
drought conditions directly to my office, as that will assist us in making timely replies.
Attached; please find the diversion volumes information requested in your letter. You
will see that overall annual water use since 2004 has been reduced by 11.4%. Water use
in the months of April through October has been reduced since.2004 by 13%. Diversion
volume during the months April through October has also been reduced, for some 25%
between 2004 and 2007, and 16% between 2004 and 2008 use.
Reduced use over the last few years is a result of the City's commitment to institute
conservation measures in both the irrigation and domestic use of water in our community.
Attached please find the City of Ukiah's Water Conservation Program which outlines
current activities the City is taking to address water conservation.
With regard to immediate drought related conditions, here are some technical and rate
related factors that the City of Ukiah must deal with as the summer and high irrigation
use time approaches:
The City's water supply is obtained from a Ranney collector well and Wells 43
and #4. The Ranney and Well #3 draw water from an alluvial zone along the
Russian Rivera The pumping capacity of both the Ranney collector and Well #3
are affected by the amount of flow in the river. If that water is not available
during this summer, the.only source of water available as of this date will be Well
44, whichs percolated groundwater.
On February 27, 2009 Governor Arnold Schwarzenegger declared a water
shortage. On February 26, 2009, the City received a letter from Victoria A.
300 SEMINARY AVENUE UKIAH, CA 95482-5400
Phone# 707/463-6200 Fox,707/463-6204 Web Address; www.cityofuklah.com
City staff is actively seeking stimulus funding for a system to deliver recycled
water from the City's wastewater treatment plant. At the current time, it is
anticipated that the wastewater treatment plant could begin to produce recycled
water by August of 2009. A distribution system is under design mid plans will be
developed within the next few months. ]funding for this important resource
delivery project will be explored from all possible resources, as the City fully
recognizes the value of using recycled water to lower the demand for surface
water-in our area. Although a recycled water distribution system cannot be in
place for this summer, the City will pursue developing this resource.
With regard to efforts to identify and prevent water waste and unreasonable use: Typical
water waster penalties include, in the order implemented:
1. Educational letter or visit
2. Educational visit' and warning
3. Citation
4. Installation of flow restrictor and possible fine
5. Shutoff and reconnection fee
The City will identify water wasters through monitoring the water meters and citizen
reports.
In closing, please review all aspects of the attached conservation measures and water use
detail in addressing the four questions of your letter, in addition to the specific issues
addressed in the above bullet points.
Please call me at 707- 463 6213 if you have questions regarding this information.
Sincerely,
?ze : A. Cambers
Manager
Attachments: 1. City of Ukiah Water Use
2. City of Ukiah Water Conservation Program 1009
City of Uldah Water Use
Annual Water
Use
MG
2008
1192.968
-11.4% 2008/2004
2007
1219.964
-9.3% 2007/2004
2006
1248.424
-7.2% 2006/2004
2005
1223.542
-9.1% 2005/2004
2004
1345.744
Water Use (MG)
2004
2007 2008 2009
2007/2004
2008/2004
April
96.743
87.507 87.865
-10%
•990
May
145.402
121.505 132.345
-16%
-9%
June
162.897
149.782 143.469
-8%
-12%
July
185.876
164.473 158,899
-1295
-15%
August
179.326
162.859 157.056
-9%
-12%
Sept.
156.798
134.481 130.508
-14%
-17%
Oct.
109.224
83.777 91324
-23%
-16%
Tatar
MG
1036.266
904.385 901.866
-13%
-13%
ac-ft
3180
2775 2768
Diversion Volume (MG)
2004
2007 2008 2009
2007/2004
2008/2004
April
57,046
27.598 62.754
-52%
10%
May
112.803
72.833 111.365
-35%
-1%
June
129.493
109.976 102,115
-15%
-21%
July
131.935
105.631 109.09
-2096
-17%
August
126,768
104.658 101.593
-17%
-20%
Sept.
117155
88.134 85.313
-25%
-28%
Oct.
96.734
72.864 73.465
-25%
-24%
Total
MG
772.534
581.694 645.695
-25%
-16%
ac-ft
2371
1785 1982
The City of Ukiah
Water Conservation Program
2009
The unpredictability of its water supplies and ever Increasing demand on California's complex
water resources have resulted in a coordinated effort by the California Department of Water
Resources (DWR), water utilities, environmental organizations, and other interested groups to
develop a list of urban water conservation demand management measures (DMM) for
conserving water. This consensus building effort resulted in a Memorandum of Understanding
(MOU),Regarding Urban Water Conservation In California, as amended September 16, 199%
among parties, which formallzes an agreement to Implement these DMMs and makes a
cooperativeeffortto reduce the consumption of California's water resources. The MOU is
administered by the California Urban Water Conservation Council (CUWCC). The DMMs as
defined in the MOU are generally recognized as standard definitions of water conservation
measures.
1. CUWCC Demand Management Measures Implemented
The existing conservation The City of Ukiah has had a water conservation program in place
since the late 1970's. During the past five years, the City has expanded Its program and public
outreach, The City reduced the amount of water it used by over 9.36/0 In 2007 and 11.4% in
2006 compared to 2004.
Currently, the City's conservation program includes the following DMMs:
DMM 9, Water survey programs for single-family residential and multi-family residential
connections.
The City tests customer meters upon request and instructs customers in how to use their water
meter to determine if there is a leak on the demand side of the meter. The City provides toilet
leak detection tablets to customers.
DMM 3, System water audits, lean detection, and repair.
The City performs leak detection and repair on an ongoing basis. The City, also, calculates
system water losses annually and reports this information to. DWR.
DMM 4. Metering, with commodity rates for all new connections and retrofit of existing
connections.
The City water distribution system Is fully metered. The City Is currently replacing old meters In
the system. The new meters will provide a more accurate reading of water use within the City.
The City recently went through a rate re-structuring that is believed will reduce water uses in the I
future.:
DMM 5. Large landscape conservation programs and Incentives.
The City's Planning Department reviews all landscape plans proposed for new developments.
Included In the City's Municipal Code is a requirement for all landscape planting to be "those
which grow well inUkiah's climate without extensive Irrigation." City staff reviews the water use
of its top 5 water users and holds meetings with them on a regbiar basis to discuss landscape
conservation programs.
DMM 7. Public information programs.
The City believes public awareness of water conservation issues is an important factor In
ensuring a reliable water supply. The City promotes' public awareness of water conservation
through occasional bill stufFers, distribution of the Consumer Confidence Report, radio
broadcasts, newspaper articles, the City of Ukiah's "Activity and Recreation Guide", distribution
of brochures and additional Information at local expositions and fairs, and on the City website
advertised to the community on a banner across a City thoroughfare. The City also provides
free of charge water conservation yard signs to encourage minimal use of water for lawn
Irrigation.
Water conservation information and assistance Is routinely provided to the public by the water
utility maintenance staff and meter readers while in the field. Field staff receives conservation
training to better assist customers and promote conservation. Door hangers are used to remind
customers of Ukiah's Voluntary Water Conservation Program measures and to provide notice of
problems with outdoor water use.
DMM 8. School education programs.
City staff presents information on water conservation to elementary school children in the
classroom. The City offers local schools tours of Its water treatment plant and also provides
educational materials. Four science classes on public water supply at the high school are
offered once a year.
DMM 9. Conservation programs for commercial, industrial, and institutional accounts.
The City has only two industrial customers: Maverick Industries and Red Tail Ale Brewery. The
City surveys the water usage of these Industries. Any now commercial, industrial, or institutional
developments will be reviewed by the City Planning Department and must meet: all requirements
of the Municipal Code.
DMM 11. Conservation pricing.
In 2005, the City Increased and re-structured its water rates to encourage more conservation.
The City has simplified Its rate structure by eliminating rate codes and classifying customers
according to their metersize. The new rate structure incorporates the American Water Works
Association (AWWA) demand capacity guidelines so that price increases across meter size In
proportion to the potential demand a customer can place an the water system.
DMM 12. Conservation Coordinator.
The City's Conservation Coordinator Is essential to sustaining and improving Ukiah's ongoing
water conservation program. The conservation coordinator is responsible for implementing and
monitoring the City's water conservation activities. In practice, the City's water conservation
program includes the efforts of the Conservation Coordinator and all staff.
DMM 13. Water waste prohibition.
The City has adopted regulations that state in part: "Where negligent or wasteful use of water
exists on a customer's premises ...the City may discontinue the service..." (City Municipal Code
Article 7, Section 3571). The City first sends customers a letter calling their attention to the
wasteful practice and asking for correction. If the condition is not corrected within five days after
the written notice, service may be discontinued if necessary.
DMM 14. Residential UL FT replacement programs.
Since October 1992, the sale of toilets using more than 1.6 gallons per flush has been
prohibited by State and Federal regulations. These regulations are enforced in the City.
11. Additional Water Conservation Measures
in addition to the DMMs, the City has also taken the following actions:
1. Installation of five waterless urinals in the Ukiah Civic Center to support and promote the
use of waterless urinals In all City facilitles and in the public sector. The use of these
urinals has received very positive feedback from Facilities staff who would like to install
these in the Ukiah Valley Conference Center.
2. Cooperative water conservation programs have been developed between the City and
the Mendocino County Water Agency, the Russian River Public Water Agencies, and the
Sonoma County Water Agency.
3 The Ukiah City Council adopted the Ahwahnee Water Principles on April 4, 2007. The
Principles contain Ideas for protecting and enhancing water quality, improving water
availability, making more efficient use of water, and conserving water as a scarce
resource. The Principles suggest a process for improving decision-making as it Impacts
water-related issues. The City Council reviewed the Principles and determined the ideas
and suggestions promote the Council's stated goals.
111. Future ;Water Conservation Activities
The City has recently undertaken a rate and revenue study of Its water utility. A tiered inclining
block rate structure and excess use charge are being evaluated to-encourage water
conservation.
The City has submitted a pre-application to the State Water Resources Control Board State
Revolving Fund to construct a recycled water system. The City's Wastewater Treatment Plant
Improvement Project Is scheduled to be completed by June 2009. After the project is
completed, the plant will be capable of producing 2 million gallons per day (MGD) in the summer
and up to 7.5 MGD in the winter of Title 22 unrestricted use recycled water.
Other Immediate and long-term conservation measures include: -
Installation of waterless urinals and dual flush toilets in all City buildings (immediate)
Sign the Calirdmia Urban Water Conservation Council's Memorandum of Understanding
Regarding Urban. Water Conservation and implement the 14 best management practices
(long term)
• Water efficiency standards for new single-family development (long term)
• Water-efficient landscaping (long term)
• Water waste ordinance prohiblting:'(immediate)
1. gutterflooding
2. Carwash fundraisers
3. non-recycling decorative water fountains
4 breaks or leaks in the water delivery system
• Incentives for Retrofits (long term)
1. low flow shower heads
2. toilet displacement devices
3, toilet flappers;.
4. faucet aerators
5. high efficiency washing machines
b. ultra-low flow toliets
left . ITEM NO.:
MEETING DATE:
City u,J' Uk afi.
AGENDA SUMMARY REPORT
7b
February 2, 2011
SUBJECT: UPDATE REPORT REGARDING STATUS OF WATER EMERGENCY CONDITIONS
NECESSITATING EMERGENCY RESOLUTION TO EXPEDITE CONSTRUCTION OF
OAK MANOR DRIVE WATER WELL
Background: On March 4, 2009, at a regular meeting of the Ukiah City Council, an emergency resolution
was adopted to expedite the construction of a water well at Oak Manor Drive in Oak Manor Park to the
east of the tennis courts. Pursuant to Public Contracts Code Section 22050(b)(1), the City Council
delegated authority to the City Manager to order action pursuant to subparagraph (a)(1) of that section
and directed the City Manager to undertake all steps necessary to have the well constructed without
going through a formal competitive bidding process. Pursuant to Public Contracts Code Section
22050(b)(3), adoption of this resolution requires the City Manager to report back to the City Council at its
next regular meeting setting forth the reasons justifying why the emergency will not permit a delay
resulting from the formal competitive solicitation for bids for the well and why the action is necessary to
respond to the emergency.
Discussion: The reasons for the emergency were set forth in resolution number 2009-12. These
reasons continue to exist: 1) the State of Emergency declared by the Governor of California due to
drought conditions, 2) recommendation to municipalities from Victoria Whitney, Deputy Director for Water
Rights for the State of California Water Resources Control Board, that drought conditions may
necessitate suspension of surface water rights this summer and to secure groundwater sources, 3) the
time required to drill, develop, and construct a temporary connection from a new groundwater well into
the City's water distribution system is not sufficient to comply with the noticing requirements of the Public
Contracts Code formal, bidding process.
Gobbi Well
The date of the bid opening for construction of the Gobbi Street well head and pump house was June 18,
2009. The contractor mobilized their equipment on site on July 13. Substantial completion of this project
Continued on Page 2
Recommended Action(s): Receive the report.
Alternative Council Option(s): Reject recommended action(s) and provide staff with alternate
direction.
Citizens advised: n/a
Requested by: Tim Eriksen, Director of Public Works / City Engineer
Prepared by: Lauren McPhaul, Public Works Water & Sewer Project Coordinator
Coordinated with: Jane Chambers, City Manager
Attachments: None.
Approved:
,ne Chambers, City Manager
Subject: Update Report Regarding Status of Water Emergency Conditions Necessitating Emergency Resolution to
Expedite Construction of Oak Manor Drive Water Well
Meeting Date: February 2, 2011
Page 2 of 2
was November 10t". The time required from the bid opening to substantial completion of the Gobbi Street
well head and pump house was approximately five months.
Oak Manor Well
In the December 16, 2009 Agenda Summary Report, Item 7d, a best case schedule was developed
assuming the Oak Manor well head and pump house bid in December 2009 and construction started no
later than January. With this schedule it was possible the Oak Manor well (Well #8) would have been
completed in May 2010. This completion date assumed a shortened bid period and no delays due to
weather or other circumstances.
Bids were issued on January 8, 2010. The revised schedule includes the January bid date and a 30 day
noticing period with bids due February 9t". The lowest, qualifying bid was submitted by Wipf Construction
in the amount of $377,000 and was approved by Council on February 17t". Construction began April 26,
2010.
The pump house at Oak Manor well #8 is complete. All equipment is in place and Eaton technicians has
inspect the motor and box. Electricity has been supplied to the well site. Water Treatment Plant
personnel are in the final stages of testing the electronic system and other components before putting the
well into service.
ITEM NO.:
MEETING DATE:
City of 4lf ah.
AGENDA SUMMARY REPORT
7c
February 2, 2011
SUBJECT: AUTHORIZE CITY MANAGER TO NEGOTIATE AND EXECUTE LEASE AGREEMENT
FOR UKIAH YOUTH BASEBALL LEAGUE, INC.
Summary: The City of Ukiah has leased a portion of the property within the Riverside Park site
to South Ukiah Little League for $1.00 per year since April 1984. South Ukiah Little League has
now merged with North Ukiah Little League to become the Ukiah Youth Baseball League.
The proposed lease continues similar terms and conditions of the previous lease. Staff
believes the continued use of the property for this purpose is beneficial to the public and
recommends approval of the lease as proposed. Staff does not anticipate any conflict with
future park development as the Little League fields are included in the conceptual plan for the
Riverside Park.
Fiscal Impact:
Not Applicable Budget Amendment Required
F-1 Budgeted FY 10/11 1-1 New Appropriation
FRI
Amount Budgeted Source of Funds (title and Account Number Addtl. Appropriation Requested
Recommended Action(s): Authorize City Manager to negotiate and execute lease agreement for
Ukiah Youth Baseball League, Inc.
Alternative Council Option(s): N/A
Citizens advised:
Requested by:
Prepared by: Katie Marsolan, Community Services Administrator
'Coordinated with: Mary Horger, Purchasing Supervisor
Attachments: Lease and Map
Approved: N\4_
Ja Chambers, City Manager
LEASE AGREEMENT
This Lease, made this _ day of , 2011, by and between the City of
Ukiah, State of California, acting by and through its City Council, hereinafter referred to as
"Lessor" and the Ukiah Youth Baseball League Inc., a corporation organized and existing under
and in compliance with the laws of the State of California and its officers, hereinafter referred to
as "Lessee."
RECITALS:
1. Lessor has the authority contained in Government Code {{37380 and 37395 and does
determine that the use of certain property owned by the Lessor is not required for its use at this
time and is available for Lease, and
2. The use of said property by the Lessee would be and is beneficial for the citizens of
the City of Ukiah.
LEASE AGREEMENT
1. LEASE.
The parties hereto agree that on the terms and conditions hereinafter expressed, Lessor
does hereby let to Lessee and Lessee does hereby hire from Lessor a portion of that certain
parcel of property commonly referred to as "Riverside Park", located on City property to the
Southeast of East Gobbi Street, County of Mendocino and West of the Russian River, more
specifically described on the attached "Exhibit A".
2. TERM.
The term of this Lease is for a period of five (5) years commencing on the date set forth
above, with the option for one, five year, renewal.
3. RENT.
As rent for the term hereby demised, Lessee agrees to pay to Lessor the sum of One
Dollar ($1.00) per year and identify Lessor as a sponsor of Lessee's program in consideration
hereof for the use of said property.
3.1. Lessee specifically represents that it does not intend to make a profit on the
use of the leased premises. All income derived from use of the leased premises shall be used ex-
clusively to sponsor or promote Little League Baseball on the leased premises or for
improvements to the leased premises.
3.2 Lessee shall maintain regular books of account which it shall make available
to Lessor upon demand for inspection or audit.
3.3 Lessee agrees to provide signage in a location of visibility on the leased
premises which identifies Lessor as a sponsor of the South Ukiah Little League Program.
4. USE AND IMPROVEMENTS.
Lessee hereby agrees to install all permanent improvements which shall become part of
said property and title to said improvements shall be vested in the Lessor upon termination of
this Lease except as set forth herein.
4.1. Lessee shall use the leased premises exclusively as a Little League Baseball
field under the Lessee's sponsorship and supervision.
4.2. Improvements, excavations, removal of any trees, brush, grass or
improvements and other modifications to the property shall be the sole responsibility of Lessee
and shall be approved by Lessor prior to conducting work.
4.3. Prior to beginning baseball activities on the premises, Lessee shall install and
maintain sound reduction materials to the backstop at the approval of Lessor and provide for at
least one port-o-let sanitary station to be placed on the premises during baseball season.
4.4. Lessee agrees to keep the premises and all improvements in good repair and
order and to bear the full cost for maintenance of all improvements.
4.5. Lessee shall acquire the necessary and required permits from the appropriate
regulating body for any development proposed under this lease.
4.6. Lessee is responsible for the relocation, alteration, removal, construction,
reconstruction of any municipal or private facilities, structures or utilities existing on leased
premises which are presently in use or abandoned.
4.7. Lessee shall insure that no alcoholic beverages are possessed or consumed
on the leased premises at any time. Lessee shall not use or permit the leased premises to be used
except in full compliance with all rules, regulations, laws or ordinances of the City of Ukiah and
the State of California.
4.8. Lessee shall bear sole responsibility for the cost of all utilities and any
possessory interest tax which may result due to Lessees occupancy of the property.
4.9. Lessee agrees to allow use and access to the leased premises during the
lessee's non-use times to Lessor for the purpose of Lessor's recreation programs. Lessee shall
not permit use of the property for any reason after the hour of 10:00 p.m. Lessee shall not permit
vehicles to park on the premises between the hours of 10:00 p.m. and 8:00 a.m., and shall
properly post the premises in accordance with Vehicle Code requirements.
5. ASSIGNMENT.
Lessee will not assign this Lease or any interest therein and will not let or underlet the
said premises or any part thereof without the prior written consent of the Lessor.
2
6. INDEMNIFICATION AND INSURANCE.
6.1. Lessor shall not be liable for and is free from the cost of any damages for
personal injury or property damage resulting from the use made by Lessee of the demised
premises, any defective condition or faulty construction of the demised premises existing at the
time of letting or arising thereafter and Lessee covenants and agrees to indemnify and save
harmless said Lessor and its officers, agents and employees from and against any and all
liability, loss, cost, or other obligation, including reasonable attorney's fee, on account of or
arising out of any such injuries or losses however occurring.
6.2. Lessee covenants and agrees during the life of this Lease at Lessee's sole
expense to comply with the requirements of Exhibit B, Insurance Requirements for Lessees (No
Auto Risks), attached hereto and incorporated herein by reference.
6.3 Notwithstanding the provisions of Exhibit B requiring Lessee to procure
workmen's compensation insurance, Lessee need not procure such insurance provided all of the
following conditions are met:
a. It maintains its status as a non-profit tax exempt organization;
b. It's Board of Directors takes no action to designate any person
providing services or work to the organization as its employee; and
c. All persons performing services for the organization do so strictly as
volunteers without receiving any compensation whatsoever.
Lessee shall immediately notify Lessor if it fails to meet all of the conditions of
this paragraph 6.3 and shall immediately thereafter comply with the workmen's compensation
provisions of Exhibit B.
7. TERMINATION.
7.1. This Lease or any renewal thereof, may be canceled for any reason by either
party on sixty (60) days written notice to the other party.
7.2. Lessor can cancel this Lease immediately for any breach of this lease by
Lessee, including, but not limited to, failure to provide insurance, without any prior notice to
Lessee.
8. ATTORNEY'S FEES.
Lessee shall pay Lessor its reasonable costs and attorney's fees if Lessor prevails in any
legal action to enforce any of the terms of this Lease.
9. TIME OF ESSENCE.
Time is of the essence of this agreement.
3
10. WAIVER.
City's waiver of any default in Lessee's performance of any condition of this Lease,
including the obligation to pay rent, shall not constitute a waiver of remedies available for a
subsequent breach of the same or a different condition of this Lease. Acceptance of subsequent
rental payments from Lessee or its assignees shall not constitute a waiver of the failure of Lessee
to pay rent or obtain prior approval to an assignment of this Lease.
11. NOTICES.
Any written notice required hereby shall be deemed sufficient when placed in the United
States mail, postage prepaid and addressed as follows:
TO LESSEE:
TO CITY:
Ukiah Youth Baseball League, Inc. City Manager
Ukiah Civic Center
300 Seminary Avenue
Ukiah, CA 95482
12. PARAGRAPH HEADINGS.
Paragraph headings are included for the convenience of the parties and are not intended
to define or limit the scope of this Lease.
13. PREVIOUS AGREEMENTS.
Any and all existing statement or agreements, whether oral or written, or renewals
thereof, between the parties hereto, covering the same subject matter, are hereby canceled and
superseded by the terms of this Lease, and such prior agreements, statements or understandings
shall have no further force or effect.
14. DUPLICATE ORIGINALS.
This Lease may be executed in one or more duplicate originals bearing the original
signature of both parties and when so executed any such duplicate original shall be admissible as
proof of the existence and terms of this Lease.
Entered on the date first written above.
4
CITY OF UKIAH
By:
ATTEST:
City Clerk
UKIAH BASEBALL LEAGUE, INC.
By:
It's
Y•
June 16, 1978
Lease Agreement - South. Ukiah Little League Description
EXHIBIT "A" .
Being a portion of that tract of land, Dillingham to the Town
of Ukiah City, as recorded September 10, 1896 in Deeds of Mendocino
County, State of California, in Book 69, Page 390, said portion.
being more particularly described as follows:
Beginning at a Boint on the Westerly line of said tract, said
point being S 9 E 40.00 feet from the Northwesterly corner of
said tract; thence along the Westerly line of said tract, S 90 E
549 feet more or less to a point which is 75.00 feet Northerly
from the Southerly line of said tract, measured at right angles
to said Southerly line; thence parallel to and 75.00 feet ortherly
of said Southerly line, N 81015' E 550.00 feet; thence N 9 W
549 feet more or less bo.a point which is 40.00 feet Southerly
from the tortherly line of said tract, measured at right angles
to said Northerly line; thence parallel to and 40.00 feet
Southerly of said Northerly line, S 81015' W 550.00 feet to the
point of beginning and containing 6,93-acres, more or less.
Ref: R-13
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ITEM NO.: 7d
MEETING DATE:
AGENDA SUMMARY REPORT
Feb. 2, 2011
SUBJECT: REPORT TO CITY COUNCIL REGARDING THE CONTRACT FOR
PROFESSIONAL SERVICES WITH THE NORTH BAY PROFESSIONAL
OFFICIALS ASSOCIATION FOR ADULT BASKETBALL REFEREES
Summary: Pursuant to the requirements of Section 1522 of the Municipal Code, Staff is filing with the City
Council this report regarding the contract with NBPO to provide officials for the 2011 Adult Basketball
Leagues. This item is budgeted in account #100.6117.250.000. This program continues to be successful
and currently provides an activity for 200 participants. The contract is in the amount of $5,700.
Fiscal Impact:
Not Applicable Budget Amendment Required
,Budgeted FY 10/11 F-1 New Appropriation F-1 F
Amount Budgeted Source of Funds (title and Account Number Addtl. Appropriation Requested
$5,700 CS Dept, Adult Basketball 100.6117.250.000
Recommended Action(s): Receive report regarding the purchase of professional services with the
North Bay Professional Officials Association for Adult Basketball referees.
Alternative Council Option(s): N/A
Citizens advised:
Requested by:
Prepared by: Jake Burgess, Sports Coordinator
Coordinated with: Mary Horger, Purchasing Supervisor
Attachments:
Approved:
J n Chambers, City Manager
city of -ZIkjoh-
ITEM NO.: 7e
MEETING DATE:
AGENDA SUMMARY REPORT
February 2, 2011
SUBJECT: REPORT TO CITY COUNCIL REGARDING THE PURCHASE OF PULSAR
PLUS CHLORINE BRIQUETTES FROM LINCOLN EQUIPMENT CO, INC. FOR
THE UKIAH MUNICIPAL SWIMMING POOLS IN THE AMOUNT OF $5,002.50.
Summary: Pursuant to the requirements of Section 1522 of the Municipal Code, Staff is filing with the City
Council this report regarding the annual purchase of chlorine briquettes for the Ukiah Municipal Swimming
Pools. The only qualified bidder who stocks these specialty pool products is Lincoln Equipment Co, Inc.
This item is budgeted in account #100.6130.690.001.
Fiscal Impact:
❑X Budgeted FY 10/11 ❑ New Appropriation ❑ Not Applicable ❑ Budget Amendment Required
Amount Budgeted Source of Funds (title and Account Number Addtl. Appropriation Requested
$5,002.50 CS Dept, Aquatics, Supplies 100.6130.690.001 N/A
Recommended Action(s): Receive report regarding the purchase of Pulsar Plus Chlorine Briquettes
from Lincoln Equipment Co, Inc. for the Ukiah Municipal Swimming Pools in the amount of $5,002.50.
Alternative Council Option(s): N/A
Citizens advised:
Requested by:
Prepared by: Katie Marsolan, Community Services Administrator
Coordinated with: Mary Horger, Purchasing Supervisor
Attachments:
Approved:
Jan hambers, City Manager
ITEM NO.:
MEETING DATE:
City of ukia.Fr-
AGENDA SUMMARY REPORT
February 2, 2011
SUBJECT: RECEIVE REPORT OF THE ACQUISITION OF 2,000 POUND CAPACITY VAPOR
PHASE CARBON ADSORBERS AND 6,000 POUNDS OF CARBON FROM PURE
EFFECT, INC. IN THE AMOUNT OF $18,889.88
Background & Discussion: In compliance with the City Code, this report is being submitted to the City
Council for the purpose of reporting the acquisition of supplies. The City Public Works Department worked
with the EBA Engineering to obtain quotes for the acquisition of three each 2,000 pound capacity vapor
phase carbon adsorbers and 6,000 pounds of carbon. These carbon filters will be used at the City
Corporation Yard for remediation of the groundwater contamination which was identified after removal of the
underground storage tanks.
The purchase amount of $18,889.88 (tax included) is included in the costs identified for the Corporation
Yard remediation project.
Fiscal Impact:
A] Budgeted FY 10/11 New Appropriation Not Applicable ❑ Budget Amendment Required
Amount Budgeted Source of Funds (title and Account Number Add'I. Appropriation Requested
$18,889.88 Corporation Yard UST 110.3301.250.000
Recommended Action(s): Receive and file report of the acquisition of 2,000 pound capacity vapor
phase carbon adsorbers and 6,000 pounds of carbon from Pure Effect, Inc. in the amount of
$18,889.88. Report is submitted pursuant to City Code.
Alternative Council Option(s): N/A
Citizens advised: N/A
Requested by: Tim Eriksen, Director of Public Works / City Engineer,;;
Prepared by: Rick Seanor, Deputy Director of Public Works - Engineering & Streets 40
Coordinated with: Jane Chambers, City Manager
Attachments: None
Approved: O~Z~
Ja a Chambers, City Manager
ITEM NO.: 7g
MTN MEETING DATE: February 2, 2011
City of "Z-1kJa-fi
AGENDA SUMMARY REPORT
SUBJECT: REPORT OF ACQUISITION OF PROFESSIONAL CONSULTING SERVICES FROM
RAU AND ASSOCIATES, INC. FOR DESIGN OF WAUGH LANE BRIDGE
Background & Discussion: In compliance with Section 1522 of the City Code, this report is submitted to
the City Council for the purpose of reporting the acquisition of professional consulting services costing more
than $5,000 but less than $10,000. The Public Works Department obtained a proposal from Rau and
Associates, Inc. Staff reviewed the proposal and found the proposed fee of $9,900 to be commensurate with
the scope of work. Rau and Associates, Inc. will provide design services for replacement of the Waugh Lane
wooden bridge. The new structure will be asphalt pavement on top of a steel deck bridge.
Fiscal Impact:
Not Applicable Budget Amendment Required
Budgeted FY 10/11 F-1 New Appropriation 1-1
Amount Budgeted Source of Funds (title and Account Number Additional Appropriation Requested
$9,900 Special Projects 699 699.3110.930.017
Recommended Action(s): Receive and file report of the acquisition of professional services from Rau
and Associates, Inc. in the amount of $9,900 for design of the Waugh Lane bridge. Report is submitted
pursuant to Citv Code.
Alternative Council Option(s): N/A
Citizens advised: None.
Requested by: Tim Eriksen, Director of Public Works / City Engineer "Ltj
Prepared by: Rick Seanor, Deputy Director of Public Works - Engineering & Streets
Coordinated with: Jane Chambers, City Manager
Attachments: None.
Approved: v~-
Jane ambers, City Manager
ITEM NO.:
pIr MEETING DATE:
City aJ (Z-1k a:fz
AGENDA SUMMARY REPORT
7h
February 2, 2011
SUBJECT: REPORT OF ACQUISITION OF PROFESSIONAL CONSULTING SERVICES FROM
GREEN VALLEY CONSULTING ENGINEERS IN THE AMOUNT OF $9,983 FOR ADDITIONAL
CONSTRUCTION MANAGEMENT WORK FOR THE REALIGNMENT OF GOBBI STREET - OAK
MANOR DRIVE - BABCOCK LANE INTERSECTION
Background: This work has been included in the FY 2010-2011 budget adopted by the City Council.
Discussion: The City's consultant, Green Valley Consulting Engineers, for construction management and
inspection services related to the realignment of Gobbi Street - Oak Manor Drive - Babcock Lane
intersection, identified additional costs necessary for final construction management/inspection and
completion of the close-out of this project. These costs included construction management and inspection,
negotiation of claims and change orders, processing final change orders and final pay request, preparation
and printing of final as-built drawings, and assembling project files for transfer to the City. Staff reviewed
and concurred with the additional work proposal. This report is submitted pursuant to City Code.
Fiscal Impact:
Budgeted FY 10/11 1-1 New Appropriation ❑ Not Applicable Budget Amendment Required
Amount Budgeted Source of Funds (title and Account Number Addtl. Appropriation Requested
$9,983 330.9813.930.001
Recommended Action(s): Receive and file report of the acquisition of professional services from
Green Valley Consulting Engineers in the amount of $9,983 for additional construction management
work for the realignment of Gobbi Street -Oak Manor Drive - Babcock Lane Intersection project.
Report is submitted pursuant to City Code.
Alternative Council Option(s): N/A
A
Citizens advised: N/A -A
Requested by: Tim Eriksen, Director of Public Works / City Engineer o~N/"
Prepared by: Rick Seanor, Deputy Director of Public Works - Engineering and Streets
Coordinated with: Jane Chambers, City Manager
Attachments: None.
Approved: 6
Jai} hambers, City Manager
TSUNAMI!
The Arts Council of Mendocino County (ACMC) Celebrates Cooperative Galleries with
an Exhibition of Ocean Inspired Artwork
February 4 "First Friday" 2011
4-6:00 pm
***please note the early hours (due to dependence upon natural light)
The Arts Council of Mendocino County casts a conceptual spotlight on the
cooperative galleries of Mendocino County and inaugurates its new location in the
Historic Ukiah Depot with an opening reception for TSUNAMI! an exhibit of ocean
inspired artwork produced by members of cooperative (artist-run) galleries located
throughout the county.
This event marks the first exhibition in over 40 years of artwork at the Historic
Ukiah Depot. February 4th is a "soft opening" for the Depot. (A grand opening will
be held May 6, 2011. Please save the date.)
The Ukiah Depot, home to the Arts Council of Mendocino County and Visit
Mendocino's inland office, is a place to learn about the rich cultural offerings of
Mendocino County. Find out more about county artists and arts organizations, pick
up a "Guide to Artful Living" brochure, discover classes, workshops, programs and
events taking place throughout the county, and now: view and purchase artwork.
In a geographically diverse county, ACMC's goal is to conceptually unite and
simultaneously promote disperse county artists and arts organizations under one
roof and online: www.ArtsMendocino.org.
ACMC is grateful to the following organizations and individuals for their support of
TSUNAMI! :
ACME Rigging
Art Center Ukiah
California Arts Council
City of Ukiah
Corner Gallery
Edgewater Gallery
Erika Kane
Katie Gibbs
Mendocino Ballet
Mendocino County Board of Supervisors
Mendocino County Lodging Association
Northcoast Artists Gallery
Partners Gallery
Visit Mendocino County
Project CART
Introduction:
• An Environmental Club at Developing Virtue Secondary School
o Things we already do: organic farm, solar shutter, compost
• Seiman's Foundation
• Feasibility study
o Stage of exploring different potentials
3 Areas of Concern:
1. Environmental-> goal: reduce carbon footprint
a. 0.88 lb Carbon Dioxide per mile driven
b. 1 plastic bag creates 13.2 Ibs C02 emission
2. Health and well being
a. Vigorous walking-> activity in hippocampus
i. Better memory (all age groups)
ii. Increase life expectancy chances
3. Quality of life
Questions we want to ask:
• Request permission to
o explore potential solutions: we believe walking is the answer
o use facilities where we could to talk anyone
o to anyone to get this project implemented (legal counsel,
staff, etc)
• Request assistance
, -Q-4( C( NL uk AP-A'(>4r SA3
Feb. 2, 2011
Under Council member reports:
I have received several inquiries and complaints from citizens regarding failure of enforcement of the use of the posted
required personal protective gear (RPPG) in the Ukiah Skate Park. On Sunday, January 30, 20111 visited the skate park
to observe the degree of compliance and took the photo below.
It is obvious in the photo, which is consistant with the complaints I have received, that the majority of the users of the
skate park do not use the RPPG in the skate park.
When the Council was made aware of the grant award for the skate park, Council asked Staff if Staff could manage or
arrange for the operation/management of the skate park with the recources available. Staff assured the Council that
Staff would be able to do so. Prior to the opening of the skate park a set of rules was developed incorporating REMIF
requirements for personal protective equipment which are posted at the entrance. Staff again was asked if they could
operate/manage the skate park with those requirements. Staff affirmed the need for the RPPG and the Staff
commitment to enforcment of same.
It is my understanding the City of Ukiah has an obligation to REMIF for the use of RPPG in the skate park in order to have
insurance to operate the facility. I wish to agendize for the 2/16/11 Council meeting discussion and action to bring the
facility into RPPG compliance.
Douglas Crane, Council Member
e
Solid. Waste Management
in Mendocino County
Mendocino Solid Waste Management Authority
January, 2011
Prepared by
Mike Sweeney and Jennifer Silva
Contents
Tables
Overview
1
Franchise Collection Areas
5
Total Disposal
2
Service Prices by Franchise
6
Area
Collection
3
Customer Count by Franchise
7
Closed Landfills
8
Area
Waste Export
9
Closed Landfills
g
Transfer Stations
12
Distances to Regional Landfills
11
Recycling & Composting
19
Composite Market Values
20
Compost Facilities
22
Hazardous Wastes Received
25
by HazMobile
Recycling Rates
22
Hazardous Waste
25
Issues for the Future
27
Maps
Figures
County of Mendocino 4
Mendocino County 2
Franchise Collection
Landfill Disposal by
Areas
Year
Regional Landfills 10
Ukiah Transfer 24
Near Mendocino
Station Inbound
County
Tons v. Disposal
Tons
Solid Waste Management in Mendocino County
Overview
Solid waste services in Mendocino County are provided by four private companies
operating under nine franchise collection contracts and six transfer station contracts.
Six local jurisdictions have solid waste contracts the County of Mendocino, the cities of
Ukiah, Fort Bragg, Willits, and Point Arena, and the Brooktrails Community Service
District.
Until 1992, the County's solid waste disposal took place at landfills in Ukiah, Caspar,
Willits and South Coast. From 1992 through 2001, these landfills were closed one by
one and transfer stations were built to haul solid waste to the Potrero Hills Landfill. in
Suisun, California.
Mendocino County has been a leader among rural counties in recycling. Both curbside
collection and drop-off recycling were established in the early 1990's, usually at no extra
charge to the public. Recycling expanded dramatically from 1999 through 2004 with the
introduction of "single-stream" collection, which allows the public to put most
recyclables together. Processing facilities to sort out the mixed recyclables, commonly
called material recovery facilities or "MRFs," were opened in 2009 by the private haulers
in Willits and Ukiah.
Composting of yard waste, wood waste and agricultural wastes takes place at two local
facilities, and some yard waste and wood waste is sent to Scotia, California, to be burned
as fuel.
Mendocino County's system is vulnerable to increases in the price of diesel fuel and loss
of access to remote landfills. .
Solid Waste Management in Mendocino County - Page 1
Total Disposal
Mendocino County sends about 52,000 tons of solid waste per year to out-of-county
landfills. As shown by Figure 1, disposal fell in recent years but has stabilized. Two
factors caused a decline of about 31% in total disposal from 2006 to 2009. The first was
the. Great Recession which reduced all economic activity but particularly construction.
The second was the scavenging program introduced by C&S Waste Solutions at the
Ukiah Transfer Station, which is described further in the Recycling Rates section.
Figure 1. Mendocino County Landfill Disposal by Year (in Tons)
80,000
73,365 Tons
70,314 tons
70,000
60,000
58,053 tons
52,370 tons
50,000
50,091 tons
I
40,000
i
30,000
2006 2007 2008 2009 2010
Collection
There are nine exclusive franchise collection areas in Mendocino County. The rates
charged to the public vary considerably. Among the factors influencing these rates are
the size of the customer base, the density of collection points, and the historical
circumstances of the franchise area, such as whether there was ever competitive bidding
for the franchise.
Information on the nine franchise areas appears in Tables 1 through 3. The boundaries of
the four County franchise areas are shown in Map 1. Note that Area #2 (Empire Waste
Management] is divided into Coastal and Inland zones, which have different collection
rates.
Solid Waste Management in Mendocino County- Page 3
County of Mendocino Franchise Collection Areas
Map prepared for the Mendocino County Solid Waste Department, 12 Mar 04
Table 1. Franchise Collection Areas
Franchise Area
Company
Contract expiration date
Franchise
fie
18% [includes 3%
City of Ukiah
C&S Waste Solutions
September 30, 2016
for city billing
service]
USA Waste of
California
20.96% [includes
City of Fort Bragg
June 30, 2014
10.96% for Caspar
[Waste
closure]
Management]
October 31, 2015 [automatically
City of Willits
Solid Wastes of
extends 10 years unless city gives
12%
Willits
notice 1 to 3 years before
expiration]
Pacific Coast Disposal
City of Point Arena
[North Bay
December 11, 2024
$6000 per year
Corporation]
County Franchise
Solid Wastes of
Area #1 [North
Willits
December 31, 2024
12%
County]
County Franchise
USA Waste of
Area #2 [Ukiah and
California [Waste
June 30, 2011
12%
Fort Bragg vicinities]
Management]
County Franchise
Area #3 [Anderson
Solid Wastes of
December 31, 2024
12%
Valley]
Willits
County Franchise
Solid Wastes of
December 31, 2024
12%
Area #4 [South Coast]
Willits
May 31, 2016 [automatically
Brooktrails
Solid Wastes of
extends 3 years unless notice
Community Service
Willits
given 1 to 3 years before
District
expiration]
Solid Waste Management in Mendocino County - Page 5
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Closed landfills
Until the late 1990's, solid waste disposal in Mendocino County took place in local
publicly-owned landfills. None of them had leachate collection and prevention systems
that met new federal and state environmental standards. Rather than build new "cells"
that met environmental requirements, the jurisdictions that owned these landfills all
decided to close them down and begin solid waste export to out-of-county landfills. This
mirrored a nationwide trend to consolidation of solid waste into large regional landfills.
Lake County, however, made a different choice and retained its landfill.
Inactive landfills are an ongoing liability for their owners. State law requires specific
measures to "close" a landfill, including installation of an impermeable cap and a
protective vegetation layer, and sometimes leachate or gas collection. For at least 30
years following closure, the landfill must be supervised, usually involving periodic
testing of groundwater monitoring wells. The landfill owner is required to set aside
sufficient funds for closure and post-closure, and each jurisdiction in Mendocino County
has done so, although the funds may or may not prove sufficient in each case.
Not counting various small dumps that shut down 40 years ago or more, Mendocino
County has five landfills in various stages of closure, as described in Table 4.
Table 4. Closed Landfills
Date ceased
Final `closure
Site
Owner
operation
certified by state?
Ukiah Landfill
City of Ukiah
2001
No
Willits Landfill ~
City of Willits & County
1997
Yes
i
of Mendocino
Caspar Landfill
City of Fort Bragg &
1992
Yes
j
County of Mendocino
South Coast Landfill
County of Mendocino I
2001
No
Laytonville Landfill
County of Mendocino
1993
Yes
Solid Waste Management in Mendocino County - Page 8
C&S Waste Solutions has proposed re-opening the Ukiah Landfill by placing solid waste
in the areas previously used for disposal, which would avoid the requirement for a
subsurface impermeable liner. In order to hold more waste on the landfill slopes, a large
retaining structure would have to be built at the base of the landfill. It cannot be
determined at this time whether this concept will move forward.
There are 18 historic "burn dumps" scattered around the County which were closed 40
years ago or more and are designated "pre-regulation" by the state. There are also 14
wood waste landfills which were operated by sawmills. All are closed.
Waste Export
Currently almost all of Mendocino County's disposal takes place at Potrero Hills Landfill
in Suisun, California. This landfill is owned by Waste Connections, Inc., one of the
three largest solid waste corporations in the U.S.
Solid Wastes of Willits, operator of the Willits Transfer Station and South Coast Transfer
Station, directs its solid waste to Potrero Hills under a contract that can be extended to
2029. The contract provides for a landfill tipping fee that was fixed in 2000 and has been
increased since then only by a consumer price index adjustment and certain pass-throughs
of local fees.
C&S Waste Solutions, operator of the Ukiah Transfer Station, has a contract with Potrero
Hills Landfill that expires in December, 2011. C&S is seeking access to Lake County's
Eastlake landfill under a 5-year agreement. While Lake historically has refused to grant
access to outside waste, this position may change due to a large drop in usage and the
financial burden of continued operation.
The small portion of Mendocino County waste which enters Annapolis Transfer Station
is exported by North Bay Corporation to one of the regional landfills under contract with
Sonoma County. Mendocino County waste that is self-hauled from the far northern part
of the county to Redway Transfer Station in Humboldt County is hauled to Anderson
Landfill in Shasta County.
A map showing the location of the regional landfills follows. Distances to landfills are
shown in Table 5.
Solid Waste Management in Mendocino County - Page 9
Siskiyou
Shasta I Lassen
Humboldt
Trinity
Anderson
Landfill
•
Tehama
w
0
O
0
m
w
Mendocino
Willits Transfer
Station 0
Ukiah Transfer
Station
South Coast
Transfer Station
Glenn
Plumas
Yuba
Lake
Colusa Ostrom Road Nevada
Landfill
Eastlake •
Landfill
• Sutter
Placer
Sonoma
Regional Landfills
Redwood
Near Mendocino County Landfill •
Marin
■ Transfer-Stations
• Landfill Sites
O counties
O
10 6 0 10 Mlles
Butte
Yolo
Napa
ay Road
Landfill •
Solano
Potrero Hills
Landfill
•
Contra Costa
Alameda
Sacramento
San Joaquin
Table 5. Distances to Regional Landfills
one-way. road
One-way toad
Landfill
County
owner
miles to Uldah i
miles to Willits
Transfer statilon
Transfer Station
Eastlake Landfill
Lake
County of Lake
58
63
' Redwood Landfill
Marin
Waste
81
106
I
Management
Potrero Hills
Solano
I
Waste Connections
125 1
150
Landfill
Ostrom Road
Yuba
Recology
i
137
144
Landfill
1
Hay Road Landfill
Solano
Recology
139
i
162
Anderson Landfill
Shasta
Waste
182
187
i
Management
Solid Waste Management in Mendocino County- Page 11
Transfer Stations
Mendocino has three larger "export" transfer stations and nine smaller "feeder" transfer
stations. In addition, there is a transfer system based on specialized truck containers used
to move solid waste from the Fort Bragg area to the Willits Transfer Station.
The three export transfer stations are:
315 Taylor Drive, Ukiah
Ukiah Transfer Station
Monday-Saturday, 8 a.m. to 4 p.m.
i
Owner'
C&S Waste Solutions
Operator
C&S Waste Solutions
Allocation of
56% Unincorporated County
Gate Fee
$74.50 per ton
Waste
44% City of Ukiah
!
$17.50 per cubic yard
Effort
Potrero Hills Landfill
Under contract
City of
Contract
Sept. 24,
destination
with
Ukiah
Expires
2016
Annual tons
21,785
export
The Ukiah Transfer Station directs mixed recyclables and separated yard waste and wood to Pacific
Recycling Solutions in Ukiah, and bales metal for direct shipment to market. A California Redemption
Center is operated for beverage containers.
When C&S Waste Solutions purchased the Ukiah Transfer Station from North Bay Corporation in 2007,
it discovered that North Bay had no long-term contract with Potrero Hills Landfill. The tipping fee
charged by Potrero Hills Landfill to Ukiah Transfer Station was increased immediately by about $10 per
ton. This stimulated aggressive measures by C&S to reduce solid waste. Scavenging by workers on the
tipping floor was instituted to pull out a wide variety of recyclables, including wood, yard waste, metal,
and carpet padding. A "Salvage Shop" was opened to sell reusable items to the public.
The future destination of solid waste from Ukiah Transfer Station was undetermined as of January,
2011. C&S Waste Solutions' contract with Potrero Hills Landfill expires at the end of 2011. C&S has
asked for access to Lake County's landfill. Lake County is scheduled to act on the request in February,
2011. C&S has also proposed re-opening the Ukiah Landfill and has made a commitment to the City of
Ukiah to pursue engineering studies.
Solid Waste Management in Mendocino County - Page 12
351 Franklin Avenue, Willits
Willits Transfer Station
Tuesday-Saturday, 9 a.m. to 4 p.m.
[owner
Solid Wastes of Willits
Operator
i
Solid Wastes of Willits
AllDCation ~
14% City of Willits
$70.33 per ton, $18.00
21% City of Fort Bragg
fate fee
per cubic yard
of Waste
65% Unincorporated County
Export
Potrero Hills
County of
!
destination :
Landfill
Contra
t
December
Under contract
!
Mendocino, City
c
with;
of Fort Bragg,
Expires
1, 2015 Annual tons
25
500
City of Willits
export
,
The County and Fort Bragg have been granted an option to extend the contract to 2029.
33549 Annapolis itoad Annapolis
Annapolis Transfer Station
Wednesday-Saturday, 8 a.m. to 4 p.m.
North Bay
Owner
County of Sonoma
Operator
Corporation
Allocation of
[Mendocino portion]
f
$81.51 per ton '
Waste
19 % City of Point Arena
Gate Fee'
(Mendo. Rate)
81% Unincorporated County
Export
Various regional
destination
landfills
f Sonoma
t
C
Under
y o
oun
granted license to
Contract
Indefinite
Uninc.. County:
contract with
County of Mendocino
moires
Annual tons
550
Point Arena:
125
Mendocino County has access to Annapolis Transfer Station for the franchise hauler collection trucks
from Franchise Area #4 (South Coast) pursuant to a 2006 agreement. Use of Annapolis will end when
the South Coast Transfer Station is improved to allow the franchised hauler's trucks to dump there.
These improvements are required to be completed by September 1, 2012 as a condition of a transfer
station contract between the County and Solid Wastes of Willits. Annapolis Transfer Station is.also the
destination for solid waste collections carried out in the City of Point Arena by Pacific Coast Disposal, a
branch of North Bay Corporation.
Solid Waste Management in Mendocino County-Page 13
The nine "feeder" transfer stations, serving self-haul customers only, are:
14i? D:Praiii! Way, Caspar >i
Caspar Transfer Station
Mon.-Wed. 9 a.m. to 3 p.m.
_
Sat.-Sun. 9 a.m. to 4 p.m.
an►»er
Operator
Solid Wastes of Willits
County of Mendocino & City of Fort Bragg
[hauling by Empire Waste
Management]
Allocation of !
25% City of Fort Bragg
Gate Fee
$25.00 per cubic yard
Waste ;
75% Unincorporated County
1 Export Willits Transfer
Under contract ! County of Contract June 30, destination I Station
itirith Mendocino Expires 2017
Annual tons - 3,000 I
Caspar Transfer Station serves self-haul customers only. The franchised hauler in the greater Fort
Bragg area, Empire Waste Management, utilizes debris boxes and detachable collection truck bodies
("pods") to transfer Caspar's solid waste to Willits Transfer Station. The City of Fort Bragg and County
of Mendocino have a joint planning project to site a new transfer facility that would receive all solid
waste for direct out-of-county shipment to a landfill. The Caspar Transfer Station directs yard and
wood waste to Cold Creek Compost and metal to Ukiah Transfer Station.
40855 Fish Bock Road, Gualala
South Coast Transfer. Station
Tuesday & Wednesday 12 p.m. to 4 p.m.
i
Saturday & Sunday 9. a.m. to 4 p.m.
Owner
County of Mendocino
Operator
Solid Wastes of Willits
Allocation
17% City of Point Arena
'Gate Fee
$29,00 per cubic yard
OF Waste
83% Unincorporated County
I
tinder contract
of -
County
Contract ;
Dec. 31,
Export
;
destination
Potrero Hills Landfill j
with
Mendocino
Expires
2024
j
Annual tons
677
Pursuant to its contract, Solid Wastes of Willits has a project underway to improve the facility so that
the franchise area collection trucks can dump there.
Solid Waste Management in Mendocino County - Page 14
18851 Mountain View Road, Boonville
Boonville Transfer Station
Tuesday & Wednesday 9 a.m. to 4 p:m,
Saturday & Sunday 9 a.m. to 4 p.m,
Owner
i
County of Mendocino
Operator ;
;
Solid Wastes of Willits
Allocation of
e
100% Unincorporated County
Gate fee
$29.00 per cubic yard
Wast
Export
Ukiah Transfer
Lander contract
W
th
County of
Contract
Dec. 31, 2024 ,
destination
Station
i
Mendocino
Expires
Annual torts
400
30180 Albion Ridge Road, Albion
Albion Transfer Station
Wednesday 12 p.m. to 4 p.m.
Saturday & Sunday .9 a.m. to 4 p.m. j
Owner
County of Mendocino
Operator
Solid Wastes of Willits
Allocation of
100% Unincorporated County
Gate Fee
$29.00 per cubic yard
Waste
Export
Willits Transfer
Under contract
County of
Contract
Dec. 31; 2024
destination
Station
w
ith
Mendocino
Expires
Annual tons,
400
Solid Waste Management in Mendocino County - Page 15
8923 Main Street, Potter Valley
Potter Valley Transfer Station
Wednesday 12 p.m. to 4 p.m.
Saturday & Sunday 9 a.m. to 4 p.m.
Owner
County of Mendocino
Operator
i
Solid Wastes of Willits
Allocation of
100% Unincorporated County
Gate Fee
$29.00 per cubic yard
Waste
I
Willits
Export
Transfer
!Under contract
County of
Contract
i
Dec. 31, 2024
destination
Station
With
Mendocino
Exp
res i
i
Annual tons I
350
1825 Branscornb Road, taytonville
i.aytonvilie,'Transfer Station
Wednesday 12 p.m. to 4 p.m-
Saturday & Sunday 9 a.m. to 4 p.m.
Owner
County of Mendocino
Operator
i
Solid Wastes of Willits
i
Allocation of
100% Unincorporated County
Gate Fee
$29.00 per cubic yard
Waste
Willits
Linder contract
County of
Contract
Dec. 31,
Export destination, 1
Transfer
With
Mendocino
Expires
2024
Station
.
Annual tons
i
700
Solid Waste Management in Mendocino County - Page 16
90500 Refuse Road, Covello
Covelo Transfer Station
Wednesday-Saturday 9 a.m. to 3 p.m.
Owner
County of Mendocino
Operator
Solid Wastes of Willits I
i
Allocation of
100% Unincorporated County
Gate Fee
$22.50 per cubic yard
Waste
Willits
Under contract
County of
Contract
Dec. 31,
Export destination
Transfer
i
d
i
E
2024
Station
With
oc
no
Men
xp
res
Annual tons `
775
.
37551 N_ Highway 1, Westpoit
-I
Westport Transfer Station
Thursday & Friday 10 a.m. to 2 p.m.
Saturday 10 a .m- to 4 p.m.
Owner
Solid Waste of Willits
Operator
Solid Wastes of Willits
i
Allocation of
100% Unincorporated County
Gate Fee
$25.00 per cubic yard
Waste
I
Export
Willits Transfer
Under contract
County of
Contract
Dec. 31,
destination
Station
with
Mendocino
Fires
2024
Annual tons
55
Solid Waste Management in Mendocino County - Page 17
3810 Redwood Drive, l ed% ►ay
Monday and Tuesday: gam - 4pm
Redway Transfer Station
Friday and Saturday 9arn 4pnn
Sunday: 12 to 4prn
@wner
County of Humboldt
Operator
Eel River Disposal
Allocation of
waste
Unincorporated county
Gate Fee
$108/ton
Under
County of
ontract
Export
destination
Anderson Landfill
Contract
Humboldt
!
n/a
With
Expires
116 [Mendocino
Annual tons
waste only]
Seff-haul customers from the extreme northern edge of Mendocino County (Whitethorn, Piercy,
Leggett) take their solid waste to Redway Transfer Station in Humboldt County.
Operations vase:
Empire Waste Management Transfer System
219 Pudding Greek Road, Fort Bragg
Owner
Empire Waste Management
Operator
Empire Waste Management
Hours
Not applicable
Gate Fee
Not applicable
Export
Willits Transfer
tinder I
County of
June 30,
dest+riatim
Station
contract
Mendocino
Cit
,
y
Contracts
2011,
with
of Fort Bragg
Expire
June 1,
2014
Annual torts
9,000
Empire Waste Management's collection trucks in the Fort Bragg area have detachable bodies ("pods")
that can be loaded three-at-a-time onto a long-haul flatbed trailer. This system, combined with
conventional debris'boxes, is used to move solid waste to the Willits Transfer Station.
Solid Waste Management in Mendocino County - Page 18
Recycling & composting
The franchised haulers in Mendocino County offer residential and commercial customers
recycling service at no additional charge. Recycling for most items is "commingled" or
"single-stream,", meaning that all the recyclable items can be mixed together in the
curbside cart or bin (dumpster). The single-stream recyclables are:
Aluminum & steel cans
Glass bottles & jars
Paper
Corrugated cardboard
Boxboard
Plastic containers
Milk & juice boxes
Small scrap metal items
Separation of recyclables is carried out by processing plants, known as "material
recovery facilities" or MRFs, that were opened in 2009 by Solid Wastes of Willits at 351
Franklin Avenue, Willits, and by C&S Waste Solutions at 4260 North State Street,
Ukiah, under the name of a subsidiary, Pacific Recycling Solutions.
The Willits MRF receives recyclables from Solid Wastes of Willits' franchise areas and
transfer stations (owned or operated) and from Empire Waste Management's collections
in the Fort Bragg area.
The Ukiah MRF receives recyclables from the City of Ukiah, Ukiah Transfer Station,
Empire Waste Management's collections around Ukiah, and part of Lake County.
Recyclables are sorted at the MRFs -using a combination of mechanical devices and hand-
sorters, and are baled for shipment to market. Mendocino County benefits from its
proximity to export docks in the Bay Area which are destination for many recyclables.
Even at the bottom of the business cycle in the recent recession, revenue was earned from
sale of recyclables. Most recently, the average revenue from single-stream recyclables
has been estimated at $134.15 per ton using the following commodity prices and
proportions of the total mix as shown in Table 6.
Solid Waste Management in Mendocino County- Page 19
Table 6. Composite Market Value, January 1, 2011
Scrap
Weighted
Composition
Commodity
Value/Ton
CRV/Ton
Valuefron
Corrugated
14.75%
cardboard
122.00
18.00
44.08%
Mixed paper
88.00
38.79
HDPE color
0.53%
plastic
333.00
110.00
2.35
HDPE natural
0.51 %
plastic
499.00
110.00
3.11
1.94%
PET plastic
401.00
1,180.00
30.67
1.25%
Rigid plastics
99.00
1.24
1.82%
Tin
5.00
0.09
24.41 %
Glass 3 Mix
10.00
84.00
18.06
0.71%
Alum. Cans
1,248.00
2,820.00
28.88
10.00%
Refuse
(70.33)
(7.03)
Total
$134.15
Total Composite Market Value Per Ton = $134.15
This estimate includes the California Redemption Value (CRV) which the NW captures
on redemption beverage containers. It also includes 10% contamination of the
recyclables with trash which must be sent for disposal for $70.33 per ton.
Other recyclables besides the single-stream materials include:
Scrap metal & appliances. A market value of about $150 per ton for baled steel has
made metal recycling a profitable business for Mendocino County haulers. C&S Waste
Solutions operates a metal baler at the Ukiah Transfer Station which currently receives
scrap metal from transfer stations in Mendocino and Lake counties.
Solid Waste Management in Mendocino County - Page 20
Wood. C&S Waste Solutions grinds wood waste from the Ukiah and Willits transfer
stations at its North State Street facility for shipment to the biomass burning electrical
generating plant in Scotia. Wood waste from the Fort Bragg area is directed to Cold
Creek.Compost in Potter Valley.
Yard waste. Collection service is provided to residential collection customers and some
commercial customers in Ukiah, Willits, Fort Bragg, Brooktrails, County franchise area
42 [Empire Waste Management] and part of County franchise area #I [Solid Wastes of
Willits].
Yard waste is one of the largest recyclables, by weight. C&S Waste Solutions and Solid
Wastes of Willits cooperate in handling yard waste by directing the material to the C&S
grinder at North State Street. Depending on market conditions and moisture, the ground
yard waste is either trucked to the biomass generator in. Scotia or to a small composting
facility (Mendocino Earth Products LLC) jointly operated by the two companies at
Sagehorn Ranch at 5801 Old River Road south of Talmage.
Pursuant to an agreement made with City of Ukiah when C&S Waste Solutions
purchased the Ukiah solid waste collection company in 2007, an average of 400 tons per
month of yard .waste collected in Ukiah is sent to Cold Creek Compost in Potter Valley.
Cold Creek also receives yard waste from Empire Waste Management's collections in
Fort Bragg and County Franchise Area #2, and from Caspar Transfer Station.
Food waste. A permit revision for Cold Creek Compost in 2009 allowed the facility to
receive residential food waste that is placed into the green yard waste carts at the curb.
This method of waste diversion has been successfully introduced at many cities in North
America, including several jurisdictions in the San Francisco Bay Area. In Mendocino
County, Empire Waste Management has taken advantage of this opportunity by adding
food waste as an allowed material in green waste carts in the City of Fort Bragg and
County Franchise Area #2. Cold Creek Compost has invited the City of Ukiah and City
of Willits to join the program.
Solid Waste Management in Mendocino County - Page 21
Compost facilities
Cold Creek Compost, 6000 Potter Valley Road, Potter Valley, receives manure, grape
pomace, dead chickens, brewery waste, yard waste, wood waste, food waste and various
other organic materials. Cold Creek uses static and aerated windrows to produce
compost, much of which is enriched so that it functions not only as humus but also as
fertilizer. Cold Creek receives about 15,000 tons of organic material per year. Its permit
allows 400 ton per day of input and 35,900 cubic yards of material on site.
Mendocino Earth Products, 5801 Old River Road, Talmage, receives yard waste and
some grape pomace. It is permitted at the lowest tier in the state's regulatory structure, to
store up to 1,500 cubic yards at one time and receive 15 cubic yards per day. The owners
applied for permit revision in 2009 to increase capacity by several orders of magnitude,
but withdrew the application in 2010.
Recycling Rates
One of the driving forces in developing recycling programs in Mendocino County was
the 50% diversion mandate from State Law AB 939, enacted in 1989. For many years,
the annual diversion rate calculation was an issue that concerned our jurisdictions. The
state law was amended in 2008 to eliminate the diversion rate as the sole criterion for
compliance and to add a review of the diversion programs that each jurisdiction had
implemented. All Mendocino County jurisdictions except Point Arena have gained
recognition from the state's Department of Resources Recycling & Recovery
(CalRecycle) for compliance with state diversion requirements. Point Arena has been
recommended by CalRecycle staff for making a "good faith" effort to become compliant.
The extensive curbside recycling programs don't, by themselves, result in 50% diversion
of the overall wastestream, measured in tons. Both C&S Waste Solutions (for City of
Ukiah) and Empire Waste Management (for County Franchise Area #2) reported that
35% of their total curbside collections were diverted as recyclables or green waste (the
rest was solid waste). This number is a reflection of the fact that curbside recyclables are
Solid Waste Management in Mendocino County - Page 22
less dense than solid waste. It also reflects the fact that one large, dense component in
the wastestream-food-wasn't recycled at the curb. As noted elsewhere, residential
food waste diversion is now possible at Cold Creek Compost and is being offered by
Empire Waste Management in its green waste carts in Fort Bragg and County Franchise
Area #2.
A major factor in achieving state approval for Ukiah and the County was the scavenging
introduced at the Ukiah Transfer Station in late 2007 by its new owners, C&S Waste
Solutions. Wood, metal, yard waste, gypsum board, carpet padding and other recyclables
are hand-picked from the transfer station tipping floor by workers, with the assistance of
a small loader. Commissions are paid to the workers based on the tons they recover.
This activity reduced total disposal by about one-third, as shown by Figure 2.
Solid Wastes of Willits carries out some scavenging activity from the commercial loads
received at Willits Transfer Station, and has done so since the transfer station opened in
2001. This activity has concentrated on the higher-value items that are readily accessible
out of debris box loads, such as metal, wood and cardboard. In 2009 the Willits Transfer
Station reported scavenging of 426 tons compared to disposal of 25,565 tons.
The large amount of material recovered by scavenging at Ukiah Transfer Station showed
that source-separation recycling efforts had been inadequate in the construction &
demolition sector, and among debris box renters generally. Scavenging appears to be a
partial solution for recycling in this sector, provided that workers can be found to carry
out this difficult and dangerous task.
With new state green business rules requiring 50% diversion from all construction
projects, there will be much greater pressure on contractors to divert waste. This can be
done either by source-separation at the job site or by relying on scavenging service
available at the transfer stations.
Solid Waste Management in Mendocino County- Page 23
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Hazardous Waste
Commercial hazardous waste disposal service is available in Mendocino County from
specialized contractors based in northern California. These services are utilized in cases
of.hazardous waste spills and clean-ups, and also for certain routine "milk-run" pickup
services for common shop wastes like used motor oil and antifreeze.
The remainder of the hazardous waste disposal function is provided by the Mendocino
Solid Waste Management Authority's HazMobile program, which serves both
households and businesses. In addition to service at the HazMobile base facility, located
at 298-A Plant Road, Ukiah, there are 47 mobile collection days each year in Mendocino
County. Lake County is served under contract by 24 collection days, and northwestern
Sonoma County participates in 10 collections in the Gualala area.
MSWIVIA's key public information tools are the Recycling Hotline (468-9704) and the
website www.MendoRecycle.org.
HazMobile service is free for households for up to 15 gallons per vehicle per day, with a
"pass-through" charge for any excess. Businesses are charged the pass-through rates for
all material. The hazardous waste materials received annually by the HazMobile in 2009
were:
Table 7. Hazardous Wastes Received by HazMobile, 2009
Material
Pounds
Management method
Motor oil/oil products*
142,610
Recycled .
Water-based paint
88,000
Recycled, local giveaway
Oil-based paint
65,450
Fuel for cement kilns
Household batteries
44,000
Landfill
Solvents & gasoline
29,560
Fuel for cement kilns
Fluorescent lights
22,699
Recycled
Used oil filters
20,250
Recycled
Auto batteries
15,685
Recycled
Pesticides & herbicides
10,280
Incineration
Antifreeze
7,013
Recycled
Compressed gas cylinders
4,395
Incineration
Aerosol cans
3,795
Fuel for cement kilns
PCB waste
3,680
Incineration
Acids
2,390
Neutralization
Bases
1,080
Neutralization
Oxidizers/peroxides
830
Incineration
Other
9,705
Miscellaneous
Solid Waste Management in Mendocino County - Page 25
`Includes motor oil recycled at transfer stations paid for. by MSWMA.
Materials are consolidated and consigned to hazardous waste companies for recycling
when possible, blending for use as fuel in cement kilns, or incineration. Rather than ship
out the water-based paint, MSWMA blends it in 55-gallon batches by color, decants it
into 4-gallon pails discarded by a local factory, and gives away about 8,000 gallons per
year to the public.
MSWMA also provides free removal of hazardous wastes from appliances
(chlorofluorocarbon refrigerants, oil, mercury switches) at the transfer stations, in order
to reduce the cost of recycling of these items..
MSWMA utilizes several long-standing state grant programs to fund the recycling of
used motor oil and used tires (at an annual free tire recycling event).
Used fluorescent lights, including grow lights, are an increasing waste category and are
hazardous because of their mercury content. MSWMA cooperates with four local stores
to provide free drop-off points for fluorescents and will be inviting other stores to join the
program. Home Depot operates its own fluorescent take-back.
MSWMA continues to function in the role created for it in 1990-as a problem-solver in
the solid waste field. The introduction of the household hazardous waste program was an
example of that role, as was the assumption of roadside cleanup of illegal dumping in
1996. MSWMA continues to innovate with programs like sharps collection, which is
provided free to households and for a fee to businesses.
MSWMA assists all the county's local jurisdictions in understanding the solid waste
industry and administering contracts, so that public policy will be made in the public
interest, although the solid waste services are provided by private corporations.
MSWMA is leading the effort to site a new transfer station in the greater Fort Bragg area
so that greater efficiency can be achieved in transfer of that region's solid waste.
Solid Waste Management in Mendocino County - Page 26
Issues for the Future
Since Mendocino County has no landfill, there is insecurity over costs and availability of
disposal. A return of the $5/gallon diesel prices experienced in 2008, or even higher
prices, would make long-haul waste transfer increasingly uneconomical compared to
diversion.
Creation of a new transfer station in the greater Fort Bragg area is essential to control
future transportation costs. Currently, Fort Bragg Disposal realizes an average payload of
only 13.76 tons in moving solid waste the 37 miles from the coast to Willits Transfer
Station in pods and debris boxes, where it must be dumped and reloaded. If a full-service
transfer station is developed on the coast, a payload of up to 24 tons can be achieved and
solid waste can be hauled directly to a destination landfill without reloading.
Unrealized opportunities for diversion exist in two areas. The first is construction &
demolition waste, as shown by C&S Waste Solutions' scavenging initiative. As
construction activity revives after the Great Recession, the franchised haulers will be
called upon to respond to the needs of builders who will be faced with a 50% diversion
mandate pursuant to State Green Building rules.
The second area for increased diversion is food waste, now possible because Cold Creek
Compost has succeeded in expanding its permitted inputs. As a practical matter,
residential food waste can be captured only by adding it to the existing curbside green
waste carts. This has worked well in numerous areas around the United States and now
in Fort Bragg and County Franchise Area #2. For the cities of Ukiah and Willits, this
program would conflict with their existing methods of processing green waste, which
includes realizing net revenue by a backhaul of burnable wood and yard waste to the
biomass generator in Scotia. These haulers also cooperate their own joint composting
facility south of Talmage. Reconciliation of these differing company interests so that
diversion can be maximized is an important challenge for Ukiah and Willits.
An important decision in Ukiah's future is whether to assume ownership of the Ukiah
Transfer Station, which is Mendocino County's largest disposal facility. Under terms of
Ukiah's contract with C&S Waste Solutions, the City can take ownership of the transfer
station and its equipment when the current contract expires on September 24, 2016,
Solid Waste Management in Mendocino County-Page 27
provided that advance notice is given to C&S not later than March 24, 2016. Whether or
not the City subsequently leases the facility back to C&S or another company, ownership
would give the public a valuable measure of security regarding future disposal service.
Mendocino County's local governments are handicapped in their management of solid
waste by the fragmentation of authority among the different jurisdictions. Most
important solid waste decisions affect more than one jurisdiction. With the privatization
of the last transfer stations, neither the County or any city has staff that specializes in
solid waste management. The Board of Commissioners of MSWMA and the MSWMA
staff can provide essential support to the local jurisdictions in solid waste management.
Solid Waste Management in Mendocino County - Page 28
ITEM NO.:
MEETING DATE:
City P-I'Tikinfr
AGENDA SUMMARY REPORT
10a
February 2, 2011
SUBJECT: APPROVE PROFESSIONAL SERVICES AGREEMENT WITH DAVID R. LEWIS IN AN
AMOUNT NOT TO EXCEED $10,000 TO PROVIDE RIGHT OF WAY SERVICES FOR
THE ACQUISITION OF AN EASEMENT AT THE INTERSECTION OF PERKINS
STREET AND ORCHARD AVENUE
Background & Discussion: The Perkins and Orchard Intersection Improvements project is the
addition of a right turn lane for west-bound traffic on Perkins Street at the intersection of Perkins Street
and Orchard Avenue. This project is funded in conjunction with the Orchard Avenue Bridge project.
Sixty percent (60%) of the funding is coming from the U. S. Economic Development Administration
grant.
A necessary part of the project involves the acquisition of an easement at the northeast corner of
Perkins and Orchard in order to allow the construction of an ADA curb ramp. All of the attempts to date
by City staff to contact the current owner of the property, a family trust located in Ohio, have been
unsuccessful. The hiring of a professional right of way agent is deemed necessary to complete this
project in the 2011 construction season.
Fiscal Impact:
❑ Budgeted FY 10/11 ❑ New Appropriation ❑
Amount Budgeted Source of Funds (title and
$10,000 Bridge Fund 290
Perkins & Orchard Intersection
Improvements
Not Applicable F-1 Budget Amendment Required
Account Number Addtl Appropriation Requested
290.9645.930.000
Recommended Action(s): Approve the professional services agreement with David R. Lewis in an
amount not to exceed $10,000 to provide right of way services for the acquisition of an easement at the
intersection of Perkins Street and Orchard Avenue.
ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Provide Staff with other direction.
Citizen Advised: None.
Requested by:
Tim Eriksen, Director of Public Works / City Engineer
Prepared by:
Alan Hasty, Assistant Engineer
Coordinated with:
Jane Chambers, City Manager
Attachments:
None
APPROVED:
J Chambers, Executive Director
ITEM NO.:
MEETING DATE:
City &J,- Ukiah,
AGENDA SUMMARY REPORT
1.0b.
February 2 , 2011
SUBJECT: REVIEW AND APPROVAL OF THE REVITALIZING BUSINESS INVESTMENT AND
LENDING DEVELOPMENT (REBILD) GUIDELINES AND THE CORRESPONDING BUDGET
AMENDMENT UTILIZING CDBG PROGRAM INCOME.
SUMMARY: The City of Ukiah's Community Development Block Grant CDBG Program Income Revolving
Business Loan Program has been inactive for quite some time due to lack of funding and the need to have
an administrator to oversee the program. In response to the need within the business community for
business loans, the Ukiah City Council directed Staff to reinstate a revised program that will utilize an
existing partnership with the Community Development Commission of Mendocino County (CDC) for
administration. There is currently $150,000 of existing CDBG Economic Development Program Income (ED
PI) in the City's revolving loan fund.
In consultation with private lenders and City Staff, CDC has prepared a revised loan program called
Revitalizing Business Investment and Lending Development Program (ReBILD). The program guidelines
are included as Attachment #1 for consideration.
The ReBILD program has been designed to provide the critical and necessary capital needs of businesses
and development projects in Ukiah. The intent of ReBILD is to provide "gap" or appropriate other financial
assistance to local Ukiah business and development projects, which in turn will create and/or retain jobs,
along with increasing the commercial and industrial base of the community.
ReBILD would provide loans whose repayments are "revolved" or recaptured to be substantially re-loaned
for other eligible projects. Therefore, the initial recapture that capitalizes the program would be used again
to create additional jobs, assist more businesses and projects, and provide significant benefits beyond
ReBILD's initial loans.
Continued on Page 2
Recommended Action(s): Approve proposed Revitalizing Business Investment and Lending
Development (ReBILD) Guidelines and the corresponding budget amendment utilizing CDBG Program
Income.
Alternative Council Option(s): Provide staff with alternative direction.
Citizens advised: N/A
Requested by: Ukiah City Council
Prepared by: Shannon Riley, URA Staff; Sage Sangiacomo, Assistant City Manager; and Craig
Schlatter, Community Development Manager for Community Development
Commission of Mendocino County
Coordinated with: Jane Chambers, City Manager
Attachments: 1. Proposed Revitalizing Business Investment and Lending Development (ReBILD)
Guidelines
Approved: C .
J, n Chambers, City Manager
Through partnering with local private lenders, the City of Ukiah's ReBILD program would be designed to
provide gap funding as some percentage of a project's total financing requirements. ReBILD is targeted to
businesses that have the greatest potential for long-term job creation and retention, particularly jobs created
and/or retained for low and moderate income persons.
ReBILD would assist businesses and projects that start-up, expand, and/or locate within the city limits of
Ukiah. Funds can be used to finance:
A. Working Capital/Lines of Credit
B. Inventory Purchase
C. Equipment Acquisition
D. Real Property Acquisition, Construction, Rehabilitation, and
E. Furniture/Fixtures.
ReBILD would be administered by the Community Development Commission of Mendocino County (CDC),
through its existing agreement with the City.
Sources of funding for ReBILD may include, but are not limited to, one or more of the following: Community
Development Block Grant (CDBG) open grants, CDBG repayments from CDBG loans, Redevelopment
funds, development impact fees, and/or Small Business Assistance programs.
ReBILD would comply with all applicable funding source guidelines requirements. Currently, the proposed
funding source for ReBILD is CDBG loan repayments (Program Income).
Recommended Action(s): Approve proposed Revitalizing Business Investment and Lending
Development (ReBILD) Guidelines and the corresponding budget amendment utilizing CDBG Program
Income.
Fiscal Impact:
❑ Budgeted FY 10/11 F-1 New Appropriation Not Applicable ❑X Budget Amendment Required
Amount Available Source of Funds (title and Account Number Appropriation Requested
$150,267 CDBG Program Income TBD $150,267
Attachment #1
CITY OF UKIAH
ReBILD:
REVITALIZING BUSINESS INVESTMENT
AND LENDING DEVELOPMENT IN UKIAH
PROGRAM
GUIDELINES
January 19, 2011
I. INTRODUCTION
The City of Ukiah Revitalizing Business Investment and Lending
Development in Ukiah (ReBILD) program is designed to provide the critical
and necessary capital needs of businesses and development projects in
Ukiah. The intent of ReBILD is to provide "gap" or appropriate other financial
assistance to local Ukiah business and development projects, which in turn
will create and/or retain jobs, along with increasing the commercial and
industrial base of the community.
ReBILD provides loans whose repayments are "revolved" or recaptured to be
substantially re-loaned for other eligible projects. Therefore, the initial
recapture that capitalizes the program will be used again to create additional
jobs, assist more businesses and projects, and provide significant benefits
beyond ReBILD's initial loans.
2.0 PURPOSE AND OBJECTIVES
2.1 PURPOSE:
Through partnering with local private lenders, the City of Ukiah's ReBILD
program is designed to provide gap funding as some percentage of a project's
total financing requirements. ReBILD is targeted to businesses that have the
greatest potential for long-term job creation and retention, particularly jobs
created `and/or retained for low and moderate income persons. ReBILD will
be administered by the Community Development Commission of Mendocino
County (CDC), through its existing agreement with the City.
ReBILD will assist businesses and projects that start-up, expand, and/or
locate within the city limits of Ukiah. Funds can be used to finance:
A. Working Capital/Lines of Credit,
B. Inventory Purchase,
C. Equipment Acquisition,
D. Real Property Acquisition, Construction, Rehabilitation, and
E. Furniture/Fixtures.
2.2 ECONOMIC BENEFITS & OBJECTIVES:
The following elements are critical in the selection of loans for the Program:
• Existence of a documented need that hinders the business or project from
obtaining or affording the project without the ReBILD program's injection.
• The loan meets underwriting criteria.
• A sufficient number of jobs will be created or retained as a result of the
ReBILD-assisted project to justify ReBILD loan assistance.
City of Ukiah
ReBILD Guidelines Page 2
2.3 SOURCE(S) OF FUNDING:
Sources of funding for ReBILD may include, but are not limited to, one or
more of the following: Community Development Block Grant (CDBG) open
grants, CDBG repayments from CDBG loans, redevelopment funds,
development impact fees, and/or Small Business Assistance programs.
ReBILD will comply with all applicable funding source guidelines
requirements. Currently, the funding source for ReBILD is CDBG loan
repayments (Program Income). A copy of the CDBG Business Assistance
Loan Guidelines is attached as Attachment 1.
2.4 ELIGIBILITY
To be eligible for ReBILD financing, borrowers must comply with the following
criteria:
1. Location
Businesses to be assisted with ReBILD funds must be located in the
incorporated area of the City of Ukiah, excluding portions subject to flooding.
The City reserves the option of completing the "eight step" process for areas
subject to flooding., converting to exempt status, and including these areas at
the discretion of CDC or the City.
2. Selection
ReBILD funding is available on a first-come first-served basis. All business
owners requesting loan funding must qualify per the guidelines contained
herein and any applicable funding source guidelines. Funds will not be
reserved until the applicant receives full approval from the Loan Committee.
3. Title
Property owners shall hold land in fee title.
2.5 TYPES OF FINANCING AND TERMS
Maximum Loan Amount
Maximum total assistance with ReBILD funds will be revised to reflect current
market conditions, but cannot exceed forty-nine percent (49%) of the total
financing. Total indebtedness will not exceed 100% for the entire term of the
loan(s).
Determining Loan Amounts and Terms
Loan amounts and terms will be determined based on the business's ability to
City of Ukiah
ReBILD Guidelines Page 3
pay and the amount of jobs created and/or retained. Because it is the design
of ReBILD for funds to revolve, loan terms will be developed that encourage
repayment.
Requirements for Primary Financer
Primary financing must be with a conventional lender and must be for the
maximum amount possible. The loan must have a fixed interest rate within
100 basis points of the Fannie Mae published rate, be fully amortizing, and
must have a minimum loan term of 5 years.
2.5 DIRECT LOANS FOR FINANCIAL HARDSHIP
The City of Ukiah reserves the right to make direct loans to eligible
businesses that prove financial hardship, i.e. businesses that have applied for
financing with a conventional lender but cannot receive financing from these
lenders due to their financial situation. Such loans will be reviewed and
approved on a case-by-case basis by both City and CDC staff.
2.6 CONFLICT OF INTEREST
No member of the City of Ukiah City Council and no other official, employee
or agent of City of Ukiah, and the Community Development Commission of
Mendocino County, who exercises policy, decision-making functions, or
responsibilities in connection with the planning and implementation of the
program shall directly or indirectly be eligible for this program, unless the
application for assistance has been reviewed and approved according to
applicable California Department of Housing and Community Development
(HCD) guidelines and federal HOME Regulations at 24 CFR 92.356. This
ineligibility shall continue for one year after an individual's relationship with
the City of Ukiah government and/or the Community Development
Commission of Mendocino County ends.
City of Ukiah
ReBILD Guidelines Page 4
Aem
city qJ 'z z :afi
ITEM NO.: 11a
MEETING DATE: February 2, 2011
AGENDA SUMMARY REPORT
SUBJECT: APPROVAL TO SOLE SOURCE COSTCO ENVIRONMENTAL IMPACT REPORT
WORK TO ENVIRONMENTAL SCIENCE ASSOCIATES (ESA)
SUMMARY: The City Council and Redevelopment Agency recently approved an Exclusive Negotiating
Agreement (ENA) with Costco Wholesale Corporation to negotiate the sale of City owned property for a
new Costco warehouse store. On January 24, 2010, Costco indicated to City Staff that it would be filing
the required planning permit applications to construct the store in the very near future. Based on
discussions with the Costco representatives and a preliminary review of the proposal, Staff has
determined that an Environmental Impact Report is required for the project.
Section 403.1 of the ENA acknowledges the desire to minimize the cost and time it takes to prepare an
Environmental Impact Report, and suggests that the time and cost could be reduced by hiring the firm of
Environmental Science Associates (ESA), because it is currently preparing the EIR for the Wal-Mart
expansion project in close proximity to the proposed Costco site. ESA has indicated that they have the
capacity to take on the project, and that the technical work performed for the Wal-Mart expansion project
included the analysis of a possible discount warehouse retail store on the now proposed Costco site.
Using ESA and its available information should save time and reduce the cost for the Costco EIR.
Additionally, Staff has been pleased with the technical expertise and professionalism of the ESA team,
as'well as its knowledge base and understanding of the City and surrounding area.
This agenda item is seeking City Council approval to sole source the Costco Environmental Impact
Report project to Environmental Science Associates consistent with Section 403.1 of the approved ENA.
If the Council approves the sole sourcing to ESA, staff will provide detailed information about the project
to ESA when Costco makes formal application, and request a bid proposal to prepare the EIR. Once
Costco agrees to fund the ESA proposal, Staff will return to the City Council for approval of a proposed
contract with ESA.
Fiscal Impact:
Budget Amendment Required
Budgeted FY 09/10 F~ New Appropriation ❑X Not Applicable
F
Recommended Action(s): Approve the sole sourcing of the Costco Environmental Impact Report
work to Environmental Science Associates (ESA)
Alternative Council Option(s): Do not approve the sole sourcing and provide direction to Staff.
Citizens advised: N/A
Requested by: Charley Stump, Director of Planning and Community Development
Prepared by: Charley Stump, Director of Planning and Community Development
Coordinated with: Jane Chambers, City Manager and David Rapport, City Attorney
Attachments: None
Approved:
7 Chambers, City Manager
city of Ukznk
ITEM NO.: 11 b
MEETING DATE. February 2, 2011
AGENDA SUMMARY REPORT
SUBJECT: REVIEW AND APPROVAL OF THE COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBGI BUSINESS ASSISTANCE PROGRAM GUIDELINES
SUMMARY: The Department of Housing and Community Development (HCD) has recently announced the
availability of approximately $4.3 million in funding for the 2010-2011 Economic Development Allocation
(ED) through the Community Development Block Grant Program (CDBG). The California Community
Economic Enterprise Fund (Enterprise Fund) Notice of Funding Availability (NOFA) was released on
January 14, 2011, the final filing date for all applications is March 28, 2011, and the HCD will issue an
award announcement on May 27, 2011.
All eligible CDBG non-entitlement jurisdictions may submit an application for a maximum grant of $500,000
to be used for: 1) small business loan programs, and 2) microenterprise technical assistance and loan
programs. All applications that are received will be evaluated and awarded on a competitive basis until all
funds are expended.
In cooperation with the Community Development Commission of Mendocino County (CDC), City Staff is
recommending that the City prepare an application to provide additional funding for the City's recently
renewed small business revolving loan program called Revitalizing Business Investment and Lending
Development Program (ReBILD).
The first step in preparing for the application is the development of CDBG specific guidelines. CDC has
prepared these guidelines which are included as Attachment #1 for review and approval. The CDBG
Guidelines are complementary to the ReBiLD Guidelines and if additional grant funds are awarded, Staff
intends to implement the program through the ReBiLD Program.
Early adoption of the CDBG Guidelines may result in bonus points should the City submit an application to
CDBG ED. Additional action to authorize the CDBG application will be necessary and considered at a later
date.
Continued on Page 2
Recommended Action(s): Approve proposed CDBG Business Assistance Program Guidelines.
Alternative Council Option(s): Provide staff with alternative direction.
Citizens advised: N/A
Requested by: Sage Sangiacomo, Assistant City Manager
Prepared by: Shannon Riley, URA Staff; Sage Sangiacomo, Assistant City Manager; and Craig
Schlatter, Community Development Manager for Community Development
Commission of Mendocino County
Coordinated with: Jane Chambers, City Manager,
Attachments: 1. Proposed CDBG Business Assistance Program Guidelines
Approved:
J e hambers, City Manager
DISCUSSION: The City of Ukiah Business Assistance Loan Program (The Program) is designed to provide
the critical and necessary capital needs of businesses and development projects in the City of Ukiah. The
intent of the Program is to provide "appropriate" assistance to business and development projects, which in
turn would create and/or retain jobs, along with increasing the commercial and industrial base of the
community.
The Program would provide loans whose repayments are "revolved" or recaptured to be substantially re-
loaned for CDBG eligible projects. Therefore, the initial recapture that capitalizes the program would be
used again to create additional jobs, assist more businesses and projects, and provide significant benefits
beyond the Program's initial loans.
The Program is designed to provide funding as some percentage of a project's total financing requirements.
It is targeted to businesses and projects that have the greatest potential for long-term job creation/retention,
particularly jobs created and/or retained for low and moderate income persons.
The Program would assist businesses and projects that start-up, expand, and/or locate within the city limits
of Ukiah. The Program funds could be used to finance:
A. Working Capital/Lines of Credit,
B. Inventory Purchase,
C. Equipment Acquisition,
D. Real Property Acquisition, Construction, Rehabilitation, and
E. Furniture/Fixtures.
Economic Benefits and Objectives: The following elements would be critical in the selection of loans for
the Program:
• Existence of a documented need that hinders the business or project from obtaining or affording the
project without the Program's injection.
• The loan meets the Program's underwriting criteria.
• A sufficient number of jobs will be created or retained as a result of the CDBG-assisted project to
justify CDBG assistance.
• Where benefit to low and moderate income households is the national objective, at least 51 % of the
jobs created and/or retained must be from the Target Income Group JIG). The TIG is a
low/moderate income person whose household income does not exceed 80% of county median
household income. In order to meet the criterion for created/retained jobs, the employees need to
self certify (using the form in the Attachments) that they are TIG.
• Where eradication of slums and blight is the national objective, job creation must be documented
through submitted payrolls and the business must be located in an area appropriately designated as
blighted.
Linking Jobs with Long-Term Unemployed: The City of Ukiah and the Community Development
Commission of Mendocino County (CDC) would make every effort to work closely with the Workforce
Investment Act (WIA) programs and services that provide assistance to the unemployed and low and
moderate income persons. With the assistance of the State Employment Development Department, the
agencies regularly promote training activities and the labor market to potential employers in the area. Early
and consistent involvement with each loan applicant would be an integral policy of the RLA Program.
The training, recruitment and placement activities currently operating in the community constitute the
primary vehicle for ensuring that the unemployed, under-employed and low and moderate income persons
are linked with the jobs created through the RLA Program. These programs provide training and can be
custom tailored specifically to meet a company's needs. Loan recipients in the RLA would be provided with
a description of the services and benefits, including financial, of participation in the Workforce Investment
program and will be referred to the job training agencies, as appropriate.
Loan Parameters: Maximum total assistance with ReBILD funds would be revised to reflect current market
conditions, but cannot exceed forty-nine percent (49%) of the total financing on the property. Total
2
indebtedness against property would not exceed 100% for the entire term of the loan(s). However, loans
above $250,000 would require additional underwriting review and approval by the State Department of
Housing and Community Development (HCD), Economic Development Advisory Committee (EDAC).
• Leveraging: One of ReBILD's goals is to leverage a realistic pledge of dollars from equity and/or
debt for every one dollar loaned. On a case by case basis this leverage requirement may be waived.
A private dollar can be either a loan or owner equity. Owner equity can be cash and/or land. The
land is counted only for construction projects. Expenditures made by the loan applicant prior to the
loan award are not counted unless made as part of the submittal, and made within 60 days of the
loan submittal, related to and in anticipation of such submittal.
• Loan Terms: Up to twenty-five years, depending on the asset being financed and the demonstrated
need for the loan funds.
• Interest Rate: The interest rate is set based on the HUD's loan underwriting guidance of not
providing an undue enrichment by a CDBG loan.
• Loan Fee: None
• Prepayment Penalty: None
• Deferral of Payments: On a case by case basis, determined based on the financial review of the
loan by Loan Committee.
• Job Creation/Retention: One full time equivalent job (1,750 hours annually) per $35,000 loaned
shall be achieved for each loan. Two permanent part-time jobs (at least 875 annually) can be
aggregated to count as one full time equivalent job. For loans meeting the national objective of
principally benefiting the Targeted Income Group (TIG), at least 51 % of the jobs created/retained
shall be held by TIG persons.
• Collateral Requirements: Collateral coverage will be assessed to determine the maximum
collateral available to maintain cash flow and ensure permanent job creation. Types of collateral
may include:
• Liens on real property,
• Deeds of Trust,
• Liens on machinery, equipment, or other fixtures,
• Lease assignments, as appropriate,
• Personal and/or corporate guarantees, as appropriate, and
• Other collateral, as appropriate.
The source of funding for the Program is either an open CDBG grant or repayments from State of California
Community Development Block Grant Program business loans and development impact fees.
Role of the Participants
ROLE OF THE PROGRAM OPERATOR (CDC)
The roles include:
• Publicize and market the RLA; screen all applicants for loans;
• Ask promising candidates to submit preliminary information and an application, along with
accompanying financial information;
• Prepare package, along with recommendation to loan committee;
• If approved, process loan and loan closing;
• Once closed, monitor the loan, maintain the loan records, and monitor compliance with job
objectives.
• Loan servicing and accounting,
• Provide monthly receipts of loan payments to City,
• Provide quarterly statements on each loan to City
• In concurrence with the jurisdiction's legal counsel, undertake loan collections, including asset
liquidation,
• Obtain credit reports on all loan applicants, as needed
ROLE OF CITY STAFF:
City staff would make the decisions called for or implied regarding the activities of the RLA. Decisions to
foreclose and declare defaults would be the responsibility of the City, working in conjunction with the
Program Operator and in consultation with legal counsel, based upon recommendations of staff. City staff
would monitor on-going operations of the loan recipient, in conjunction with program operator. Staff would
consult and monitor program operator during the term of the contract. Staff would review all reports,
financial information and performance reports on each loan during the term of the loan. City staff and/or
Program Operator staff would serve as the contact for the State Department of Housing & Community
Development for the RLA Program.
City staff, working with Program Operator staff, would conduct an environmental review of the project as
necessary. City staff and program operator would refer potential applicants, including those ineligible or
denied RLA financing, that need technical and management assistance to the appropriate organization.
City staff and/or the program operator may require applicants who have received loans to undertake
business counseling if it appears that the applicant's financial position is declining and the RLA loan may
become delinquent.
Recommended Action(s): Approve proposed CDBG Business Assistance Program Guidelines.
Fiscal Impact:
Budgeted FY 08/09 F-1 New Appropriation Not Applicable Budget Amendment Required
4
Attachment #1
CITY OF UKIAH
COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG)
BUSINESS ASSISTANCE
PROGRAM GUIDELINES
January 19, 2011
L INTRODUCTION
The City of Ukiah Business Assistance Loan Program (The Program) is designed
to provide the critical and necessary capital needs of businesses and
development projects in the City of Ukiah. The intent of the Program is to provide
"appropriate" assistance to business and development projects, which in turn will
create and/or retain jobs, along with increasing the commercial and industrial
base of the community.
The Program provides loans whose repayments are "revolved" or recaptured to
be substantially re-loaned for CDBG eligible projects. Therefore, the initial
recapture that capitalizes the program will be used again to create additional jobs,
assist more businesses and projects, and provide significant benefits beyond the
Program's initial loans.
2.0 PURPOSE AND OBJECTIVES
2.1 PURPOSE:
The Program is designed to provide funding as some percentage of a project's
total financing requirements. The Program is targeted to businesses and projects
that have the greatest potential for long-term job creation/retention, particularly
jobs created and/or retained for low and moderate income persons.
The Program will assist businesses and projects that start-up, expand, and/or
locate within the city limits of Ukiah. The Program funds can be used to finance:
A. Working Capital/Lines of Credit,
B. Inventory Purchase,
C. Equipment Acquisition,
D. Real Property Acquisition, Construction, Rehabilitation, and
E. Furniture/Fixtures.
2.2 ECONOMIC BENEFITS & OBJECTIVES:
The following elements are critical in the selection of loans for the Program:
• Existence of a documented need that hinders the business or project from
obtaining or affording the project without the Program's injection.
• The loan meets the Program's underwriting criteria.
• A sufficient number of jobs will be created or retained as a result of the CDBG-
assisted project to justify CDBG assistance.
• Where benefit to low and moderate income households is the national
objective, at least 51 % of the jobs created and/or retained must be from the
Target Income Group (TIG). The TIG is a low/moderate income person whose
household income does not exceed 80% of county median household income.
In order to meet the criterion for created/retained jobs, the employees need to
self certify (using the form in the Attachments) that they are TIG.
• Where eradication of slums and blight is the national objective, job creation
must be documented through submitted payrolls and the business must be
located in an area appropriately designated as blighted.
2.3 SOURCE OF FUNDING:
The source of funding for the Program is either an open CDBG grant or
repayments from State of California Community Development Block Grant
Program business loans and development impact fees.
3.0 DESCRIPTION OF FUNDING
City of Ukiah Page 2
CDBG Business Assistance Guidelines
3.1 GUIDELINES & FEATURES:
Significant Key Considerations
All loans must be submitted to the state CDBG Program for final approval prior to
funding/closing a loan. The new Loan Approval Drawdown Checklist must be
used when sending a loan package in for final approval.
The appropriate level of HUD NEPA environmental review shall be done and
approved by the CDBG Program prior to the project moving forward. The City
understands that moving forward with the project without receiving the NEPA
clearance letter from the state CDBG Program could seriously jeopardize the
ability of the state CDBG Program to provide final authorization for the loan.
No loans can be promised, awarded, approved, temporarily funded with other
funding in anticipation of CDBG approval, etc. at the local level until the state
CDBG Program has provided a written approval of the loan.
Loan Parameters
Maximum total assistance with ReBILD funds will be revised to reflect current
market conditions, but cannot exceed forty-nine percent (49%) of the total
financing on the property. Total indebtedness against property will not exceed
100% for the entire term of the loan(s).
However, loans above $250,000 will require additional underwriting review and
approval by the State Department of Housing and Community Development
(HCD), Economic Development Advisory Committee (EDAC).
• Leveraging: One of ReBILD's goals is to leverage a realistic pledge of dollars
from equity and/or debt for every one dollar loaned. On a case by case basis
this leverage requirement may be waived. A private dollar can be either a loan
or owner equity. Owner equity can be cash and/or land. The land is counted
only for construction projects. Expenditures made by the loan applicant prior
to the loan award are not counted unless made as part of the submittal, and
made within 60 days of the loan submittal, related to and in anticipation of
such submittal
• Loan Terms: Up to twenty-five years, depending on the asset being financed
and the demonstrated need for the loan funds.
• Interest Rate: The interest rate is set based on the HUD's loan underwriting
guidance of not providing an undue enrichment by a CDBG loan.
• Loan Fee: None
• Prepayment Penalty: None
• Deferral of Payments: On a case by case basis, determined based on the
financial review of the loan by Loan Committee.
• Job Creation/Retention: One full time equivalent job (1,750 hours annually)
per $35,000 loaned shall be achieved for each loan. Two permanent part-time
jobs (at least 875 annually) can be aggregated to count as one full time
equivalent job. For loans meeting the national objective of principally
benefiting the Targeted Income Group (TIG), at least 51 % of the jobs
created/retained shall be held by TIG persons.
• Collateral Requirements: Collateral coverage will be assessed to determine
the maximum collateral available to maintain cash flow and insure permanent
job creation. Types of collateral may include:
City of Ukiah Page 3
CDBG Business Assistance Guidelines
• Liens on real property,
• Deeds of Trust,
• Liens on machinery, equipment, or other fixtures,
• Lease assignments, as appropriate,
• Personal and/or corporate guarantees, as appropriate, and
• Other collateral, as appropriate.
3.2 GENERAL ADMINISTRATIVE FEATURES:
• Confidentiality of Client Financial Information, as allowed by law.
• Equal Opportunity/Affirmative Action Policy.
• Attorney review of all contracts and legal forms.
• Monitoring and Reporting Forms.
• Collection and Foreclosure Policy.
• Compliance with HCD and HUD regulations.
• The Business Development Corporation will be responsible for overall project
marketing, loan evaluation, loan packaging, and monitoring.
3.3 PROJECT EVALUATION CRITERIA:
• The number of jobs created/retained and the percentage benefiting members
of the Targeted Income Group.
• The amount of private dollars leveraging funds.
• The financial viability of the proposed project.
• The demonstrated need for the funds ("appropriate" test).
3.4 GENERAL CREDIT REQUIREMENTS:
A Loan Applicant must:
• Show ability to operate a business successfully,
• Have enough borrowing ability or equity to operate, with the loan, on a sound
financial basis,
Show the proposed loan is of sound value or reasonably secure to assure
repayment, and
Show that the past earning record and future prospects of the firm indicate
ability to repay the loan and other fixed debt, if any, out of the profits.
3.5 LOAN PACKAGING:
The Community Development Commission of Mendocino County, operating
ReBILD through its existing Memorandum of Understanding with City of Ukiah,
will be responsible for loan packaging activities, including review of all proposals
presented to the Loan Committee.
3.6 LOAN REVIEW:
The Loan Committee shall be responsible for reviewing funding proposals and
making recommendations to ReBILD staff. After approval by the Loan
Committee, the City, or CDC, shall submit the loan package to the CDBG
Program for final approval. The Loan Committee shall be comprised of:
■ One representative of City of Ukiah
• One representative of Community Development Commission of Mendocino
County, and
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One representative of the business community appointed by the City.
All projects meeting the established criteria shall be brought before the Loan
Committee.
3.7 LENGTH OF REVIEW PROCESS:
On average, the RLA review process takes six to eight weeks from submittal of a
complete loan application through Loan Committee. Loan funds can be disbursed
two to three weeks after signing the RLA documents, depending on the financing
and approval by HCD. Conditional commitments can be made prior to final
approval from another funding source. Every effort will be made to facilitate the
process to coincide with the other funding source and the project's requirements.
3.8 LINKING JOBS WITH LONG-TERM UNEMPLOYED:
The City of Ukiah and the Community Development Commission of Mendocino
County (CDC) will make every effort to Work closely with the Workforce
Investment Act (WIA) programs and services that provide assistance to the
unemployed and low and moderate income persons. With the assistance of the
State Employment Development Department, the agencies regularly promote
training activities and the labor market to potential employers in the area. Early
and consistent involvement with each loan applicant will be an integral policy of
the RLA Program.
The training, recruitment and placement activities currently operating in the
community constitute the primary vehicle for insuring that the unemployed, under-
employed and low and moderate income persons are linked with the jobs created
through the RLA Program. These programs provide training and can be custom
tailored specifically to meet a company's needs. Loan recipients in the RLA will
be provided with a description of the services and benefits, including financial, of
participation in the Workforce Investment program and will be referred to the job
training agencies, as appropriate.
4.0 ELIGIBILITY
4.1 ELIGIBLE APPLICANTS:
Eligible applicants include on-going and start-up private, for profit business
concerns, corporations, partnerships, sole proprietorships and cooperatives that
are incorporated and licensed, and are located in or expanding to Ukiah. The
project to be financed with the RLA Program must be within the incorporated area
of Ukiah.
4.2 ELIGIBLE USES:
The project must be commercial or industrial. RLA funds can be used for
construction and permanent financing, working capital, inventory, equipment, real
property acquisition, construction and rehabilitation.
4.3 INELIGIBLE USES:
Projects must be located in the City of Ukiah. Projects cannot be residential in
nature. Projects must have reasonable assurance of repayment. Projects are not
eligible if they create a conflict of interest pursuant to California Government Code
S87100 et seg for any current City or Business Development Corporation
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employee or Loan Committee member. Projects must create or retain jobs,
primarily for the Targeted Income Group or through the eradication of slums and
blight, and must leverage private or equity funds.
4.4 ELIGIBLE PROJECTS:
Project eligibility is based on the project satisfying a CDBG Program national
objective: (i.e. principally benefit targeted income group persons through job
creation/retention, aid in the elimination of slums or blight, meet a community
development need having a particular urgency) and the public benefit requirement
of $35,000/job or less. Additionally, the eligibility of a project is dependent on the
appropriate determination being made to justify the provision and extent of CDBG
assistance.
4.5 ELIGIBLE COSTS:
• Land costs, including engineering, legal, grading, testing, site, mapping and
related costs associated with the acquisition and preparation of land.
• Building costs, including real estate, engineering, architectural, legal and
related costs associated with acquisition, construction and rehabilitation of
buildings including leasehold improvements.
• Finance of inventory, furniture, fixtures, machinery and equipment.
• Working capital, in conjunction with any of the above
4.6 INELIGIBLE COSTS FOR CDBG LOANS
Costs incurred prior to CDBG grant execution, submittal of the loan application,
and environmental review approval, except for private leverage as specified in
Section 3.1. and costs other than those listed as eligible in Section 4.5. Non
profits are not eligible to apply for FF&E and working capital.
5.0 ROLE OF THE PARTICIPANTS (BY EXAMPLE)
5.1 ROLE OF THE PROGRAM OPERATOR (CDC)
The roles include:
• Publicize and market the RLA; screen all applicants for loans;
• Ask promising candidates to submit preliminary information and an application,
along with accompanying financial information;
• Prepare package, along with recommendation to loan committee;
• If approved, process loan and loan closing;
• Once closed, monitor the loan, maintain the loan records, and monitor
compliance with job objectives.
• Loan servicing and accounting,
• Provide monthly receipts of loan payments to City,
• Provide quarterly statements on each loan to City
• In concurrence with the jurisdiction's legal counsel, undertake loan collections,
including asset liquidation,
• Obtain credit reports on all loan applicants, as needed
5.3 ROLE OF CITY STAFF:
City staff will make the decisions called for or implied regarding the activities of
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the RLA. Decisions to foreclose and declare defaults will be the responsibility of
the City, working in conjunction with the Program Operator and in consultation
with legal counsel, based upon recommendations of staff. City staff will monitor
on-going operations of the loan recipient, in conjunction with program operator.
Staff will consult and monitor program operator during the term of the contract.
Staff will review all reports, financial information and performance reports on each
loan during the term of the loan. City staff and/or Program Operator staff will serve
as the contact for the State Department of Housing & Community Development
for the RLA Program.
City staff, working with Program Operator staff, will conduct an environmental
review of the project as necessary. City staff and program operator will refer
potential applicants, including those ineligible or denied RLA financing, that need
technical and management assistance to the appropriate organization. City staff
and/or the program operator may require applicants who have received loans to
undertake business counseling if it appears that the applicant's financial position
is declining and the RLA loan may become delinquent.
6.0 LOAN SELECTION & APPROVAL PROCESS
6.1 PROCESS:
6.1.(A) MARKETING:
The marketing of the RLA Program will be accomplished by a variety of means.
The most-utilized marketing efforts will be conducted through media coverage,
marketing brochures, and/or joint marketing through program operator's existing
loan packaging and financial services. Local lenders will recommend clients and
projects, when appropriate. The Small Business Development Center, local
Realtors, and business associations may also refer potential applicants. The City
and CDC (program operator) may also use existing business and community
networks to market the RLA Program.
6.1.(B) PROCEDURE:
Once a potential project has been identified, City and CDC staff will conduct a
preliminary review for eligibility with the RLA criteria. If another lending source is
more appropriate, or the project does not meet the RLA criteria, the staff will refer
the prospective borrower to another organization for assistance.
If the project appears to meet the criteria, the applicant will be asked to submit
preliminary information. Preparation and submission by an applicant of
preliminary information and supporting documents include, but are not limited to:
business and personal tax returns for the last two years or since commencement
of operations (whichever is less), business financial statements (balance sheet
and income statement) for current year and prior two years, current personal
financial statement, credit history, and proposed project summary. Start-up
businesses must submit proforma financial statements for the first three years.
Real estate projects must submit pro forma projections for the first five years, and
pre-leasing information.
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The preliminary information will be reviewed by CDC staff, in consultation with
City staff. If the project is viable, a draft loan analysis will be prepared by CDC. If
the decision is to decline the request, CDC will provide the applicant with a written
explanation of the denial. If appropriate, referrals to other organizations will be
made.
If the review is positive, the applicant will be invited to an application conference
with CDC. At the application conference, CDC will review with the applicant the
formal RLA checklist and required information, forms and financial schedules
deemed necessary by CDC or City to complete the loan package. City and CDC
will determine project needs/conformance with local requirements, as well as
determine the necessary environmental review for the project. City and CDC will
begin the environmental review as necessary.
The applicant, in conjunction with City, CDC and WIA (as appropriate) will develop
the employment plan. Upon completion of the necessary information, CDC will
make a presentation of the loan application to Loan Committee. The presentation
will include a completed RLA Project Evaluation Form (sample attached as Exhibit
2). If the private funds are from equity, then the commitment letter must be from
the applicant. The CDC presentation will also include a recommendation. This
recommendation will include the proposed terms and conditions, based upon the
identified financial need and the "appropriate" analysis, along with a checklist
insuring that the loan meets the RLA guidelines and criteria.
The Loan Committee will decide to recommend approval or to decline the loan
request. If declined the applicant will be informed in writing by CDC as to the
reason. If recommended, the Loan Committee's recommendation can be under
the terms and conditions proposed by CDC and/or City, or the Loan Committee
can recommend alternative terms and conditions.
For loan approvals by the Loan Committee between $0 and $49,999, the City may
fund the loan.
For loan approvals of $50,000 or more by the Loan Committee, the loan package
is sent for final approval to the CDBG Program using the Loan Approval
Drawdown Checklist. The CDBG Program may add conditions to approving the
loan. If the CDBG Program denies the loan, the reasons will be in writing.
6.1.(C). LOAN CLOSING:
Upon Loan Committee approval (and/or CDBG Program approval), the CDC and
City will prepare for the loan closing. The Borrower will sign all the necessary
documents and agreements. The City will request a drawdown of funds from the
State Department of Housing & 'Community Development- or utilize funds from its
local Program Income RLA. CDC will prepare the loan closing documents,
prepare title and lien searches, and UCC-1 filings, if appropriate (the sample pre-
closing checklist and escrow instructions attached in Exhibits 6, 7A and 713 will be
developed and used for each loan closing). City legal counsel will review all
agreements and documents, as necessary or appropriate.
Loan closing will be undertaken by the CDC. At the time of closing, the Borrower
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will be provided with a checklist outlining their obligations under the RLA Program.
At closing, or another specified time, funds will be disbursed to the Borrower. City
and CDC will complete any remaining legal, regulatory or other items. Monitoring
and compliance files will be set-up at this time.
6.1.(D). LOAN MONITORING:
Two separate loan files will be maintained. The first is the legal file which holds all
the original loan documentation, along with the original documents. This file shall
be kept in a fireproof vault for safekeeping. The second is a credit file which shall
contain the day-to-day administrative records of the loan. At a minimum the legal
file shall include:
• Note
• Loan Agreement, including Non-Financial Employment Plan
• Mortgage
• General Security Agreement
• Personal Guaranty
• Corporate Guaranty
• Subordination Agreement
• Life Insurance Policy and Assignment
• Hazard Insurance Policy and Assignment
• General Resolution
• Certificate of Secretary
• Opinion of Counsel, as necessary
• Intercreditor Agreement
The credit file shall contain, at a minimum, the loan application and financial
information associated with the application, credit~memo, LOAN COMMITTEE
recommendation, final local approval, disbursement records, reports of site visits,
updated financial information provided by borrower, job creation/retention data,
etc.
A reporting system will be established for each loan and the loan portfolio as a
whole. The report should be up-dated at least quarterly. The CDC shall be
responsible for preparation of this report. The report will be used by CDC and the
City to monitor the loans and identify problems. The report will contain the
following-
• Fund Report Balance: A monthly summary of the beginning fund balance,
principal and interest recaptured during the month, disbursements made
during the month and funds committed but not yet disbursed, and amount
remaining in the RLA which is unencumbered. The monthly receipts from the
lender on each loan will serve as the basis for this report.
• Portfolio Summary Report: A quarterly summary of the total loans
outstanding and authorized loans. The report shall include a quarterly
statement on each loan, prepared by the lender. The quarterly report shall
include the last payment date and loan balance. Delinquent loans shall be
identified and a summary of actions to date to collect delinquent loans shall be
included.
• Employment Report: A quarterly report on each project detailing the jobs
created/retained, and where applicable those hired that meet the Targeted
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Income Group.
• Loan Loss and Delinquent File: A list of all loans that have been classified
as uncollectible and a summary of foreclosure procedures to date on the loan.
Loans that are delinquent will also be listed, along with a summary of
recommended steps, and steps taken to date.
• Tickler File: A listing of the current loan portfolio and dates for receipt of
financial statements, employment information, renewal of UCC-1 filings, review
date, dates for insurance renewal and other information.
In addition, a loan monitoring file will be established which will include a summary
of the monitoring requirements of the State Department of Housing and
Community Development. A tickler file will be part of this overall file to insure that
loan and RLA Program monitoring is undertaken and completed.
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