HomeMy WebLinkAbout2014-07-16 PacketPage 1 of 3
CITY OF UKIAH
CITY COUNCIL AGENDA
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
July 16, 2014
6:00 p.m.
1. ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Introduction: Executive Director of Plowshares.
4. PETITIONS AND COMMUNICATIONS
5. APPROVAL OF MINUTES
a. Minutes of July 2, 2014, a Regular Meeting.
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. Report of Disbursements for the Month of June, 2014
b. Notification of a Professional Services Contract with Indigo Studios for Research and
Development of a Police Department Strategic Plan, Annual Performance Report Card
System, in an Amount not to Exceed $20,000.
c. Report to the City Council Regarding Payment to the City of Light Sound and Recording for
the Sound Equipment and Sound Technician Services for the 2014 Sundays in the Park
Concert Series in the Amount of $11,112.00.
d. Report to Council on the Purchase of Software License Renewal for Box, Inc. in the Amount
of $23,400.
e. Consideration and Approval to Retain Robert Braitman for Consulting Services and
Coluntuono, Highsmith & Whatley, PC for Legal Services in Connection with Detachment of
Page 2 of 3
Ukiah Valley Sanitation District Territory from the Ukiah City Limits and Corresponding
Budget Amendment.
f. Approval of Response to Grand Jury Report – Crosswalks
g. Award of Contract for Calvert Drive and Willow Avenue Water Main Replacement Project,
Specification No. 13-02 and Approve Budget Amendment in the Amount of $171,347.
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. COUNCIL REPORTS
10. CITY MANAGER/CITY CLERK REPORTS
11. PUBLIC HEARINGS (6:15 PM)
12. UNFINISHED BUSINESS
a. Status and Consideration of Possible Loan of Ukiah Post Office W PA Mural to City Of
Ukiah.
13. NEW BUSINESS
a. Discussion and Possible Approval to Respond to Request for Proposal from Amgen Tour of
California for City of Ukiah to Host One Starting Leg of 2015 Race Event.
b. Introduction By Title Only of an Ordinance Adding Chapter 10 to Division 5 of the Ukiah City
Code Entitled "Disposable Food Ware."
14. CLOSED SESSION – Closed Session may be held at any time during the meeting
a. Public Employee Performance Evaluation
Government Code (§ 5495)
Title: City Manager
b. Conference With Legal Counsel – Pending Litigation
Initiation of litigation pursuant to Government Code Section 54956.9(c): (1 case)
c. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Ukiah Valley Sanitation District v. City of Ukiah, Mendocino County Superior
Court Case No. SCUK-CVC-13-63024
15. ADJOURNMENT
Page 3 of 3
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.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda
was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300
Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting set forth on this agenda.
Dated this 10th day of July, 2014.
Kristine Lawler, City Clerk
Agenda Item 5a
Page 1 of 3
CITY OF UKIAH
CITY COUNCIL MINUTES
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
July 2, 2014
6:00 p.m.
1. ROLL CALL
Ukiah City Council met at a Regular Meeting on July 2, 2014, having been legally noticed on June
27, 2014. Mayor Baldwin called the meeting to order at 6:02 p.m. Roll was taken with the following
Councilmembers Present: Steve Scalmanini, Douglas F. Crane (arriving at 6:04 p.m.), Benj
Thomas, Vice Mayor Mary Anne Landis, and Mayor Phil Baldwin. Staff Present: Jane Chambers,
City Manager; David Rapport, City Attorney; and Kristine Lawler, City Clerk.
URGENCY ITEM
Presenter: David Rapport, City Attorney.
Motion/Second: Landis/Thomas to accept urgency item due to timelines and place as item 13e.
Motion carried by the following roll call votes: AYES: Landis, Thomas, Baldwin, and Crane. NOES:
None. ABSENT: None. ABSTAIN: None.
2. PLEDGE OF ALLEGIANCE
3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
4. PETITIONS AND COMMUNICATIONS
5. APPROVAL OF MINUTES
a. Minutes of June 18, 2014, Regular Meeting.
b. Minutes of June 23, 2014, Special Meeting.
c. Minutes of June 24, 2014, Special Meeting.
d. Minutes of June 25, 2014, Special Meeting.
Motion/Second: Landis/Scalmanini to approve the minutes of June 18, 2014, a Regular Meeting;
June 23, 2014, a Special Meeting; June 24, 2014, a Special Meeting; and June 25, 2014, a Special
Meeting, as submitted. Motion carried by the following roll call votes: AYES: Scalmanini, Crane,
Thomas, Landis, and Baldwin. NOES: None. ABSENT: None. ABSTAIN: None.
6. RIGHT TO APPEAL DECISION
7. CONSENT CALENDAR
a. Award Contract (COU No. 1415-001) for Slurry Seal of Local Streets, Specification No. 14-
06, to Graham Contractors, Inc. – Public Works Department.
b. Approve Plans and Specifications for Northwestern Pacific Rail Trail, Phase 1, Specification
No. 14-01 and Direct Staff to Advertise for Bids – Public Works Department.
City Council Minutes for July 2, 2014, Continued: Page 2 of 3
Motion/Second: Thomas/Landis to approve Consent Calendar Items 7a-b, as submitted. Motion
carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas, Landis, and Baldwin.
NOES: None. ABSENT: None. ABSTAIN: None.
8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
Presenter: Mike Peterson (a.k.a. Davey Crockett.)
9. COUNCIL REPORTS
Presenters: Vice Mayor Landis, Councilmember Thomas, and Mayor Baldwin.
Council Directive to staff to agendize consideration of banning polystyrene clam shell boxes for
the July 16, 2014, meeting.
10. CITY MANAGER/CITY CLERK REPORTS
Presenters: Jane Chambers, City Manager and Tim Eriksen, Public Works Director.
11. PUBLIC HEARINGS
12. UNFINISHED BUSINESS
a. Report on Grant Application Submitted to the North Coast Resource Partnership for
Permanent Interties for All Water Districts and Utilities in the Ukiah Valley and
Redwood Valley to Address Emergency Water Shortages – Public Works Department.
Presenter: Tim Eriksen, Public Works Director.
Public Comment: Sonia Anzilotti, Miranda (surname not stated), and Kevin Doble.
RECESS: 7:54 – 8:01 P.M.
13. NEW BUSINESS
a. Presentation on the Biennial Report, 2012-2013 and the Landfill Disposal and
Diversion Summary, 2007-2013 – Public Works Department.
Presenters: Tim Eriksen, Public Works Director and Julie Price, Ukiah Waste Solutions.
b. Presentation for Water Rate Study – Public Works Department.
Presenters: Tim Eriksen, Public Works Director and Bob Reed, Reed Group Owner.
Public Comment: Kevin Doble, Mark Hillicker, Miranda (surname not stated), and Sonia Anzilotti.
Council Directive to staff to schedule a special workshop with Bob Reed towards the end of
August, when the water rate study is 50 percent completed for additional Council and public input.
c. Approval of City Gate Associates Proposal to Assist the City of Ukiah and Ukiah
Valley Fire District with Determining the Feasibility of Establishing a District Overlay
– Administration.
Presenter: Jane Chambers, City Manager.
Public Comment: Allen Cherrie.
City Council Minutes for July 2, 2014, Continued: Page 3 of 3
Motion/Second: Thomas/Crane to approve of CityGate Associates Proposal (COU 1415-002),
contingent upon the Fire District also agreeing, to Assist the City of Ukiah and Ukiah Valley Fire
District with Determining the Feasibility of Establishing a District Overlay. Motion carried by the
following roll call votes: AYES: Scalmanini, Crane, Thomas, and Landis. NOES: Baldwin. ABSENT:
None. ABSTAIN: None.
RECESS: 10:36 – 10:40 P.M.
d. Proposed Direction to Staff that in the Event of a Curtailment Order from Water
Resources Control Board to Provide Notice of Intent to Divert Water Under Section
4.a of the Amendment to Water Supply Agreement with Mendocino County Russian
River Flood Control and Water Conservation Improvement District – Administration.
Presenter: David Rapport, City Attorney.
Motion/Second: Crane/Landis to authorize staff to give notice to the Flood Control District of the
City’s intent to divert water under its Water Supply Contract, if the City receives a curtailment order
from the Water Board limiting or curtailing the City’s right to divert or use water under its
independent water rights. Motion carried by the following roll call votes: AYES: Scalmanini, Crane,
Thomas, Landis, and Baldwin. NOES: None. ABSENT: None. ABSTAIN: None.
e. Adoption of Argument for Measure P November 4, 2014, Ballot Measure for
Extension of ½ Cents Sales Tax for Public Safety.
Presenters: Jane Chambers, City Manager and David Rapport, City Attorney.
Mayor and Council Directive to appoint Mayor Baldwin and Vice Mayor Landis to an Ad Hoc,
meeting July 3, 2014, to finalize the Argument for Measure P, seek out additional signatures, and
submit the Argument to the City Clerk.
CITY COUNCIL ADJOURNED TO THE SUCCESSOR AGENCY, FOLLOWED BY CLOSED
SESSION AT 11:30 P.M.
14. CLOSED SESSION
a. Public Employee Performance Evaluation
Government Code (§ 5495)
Title: City Manager
b. Conference With Legal Counsel – Pending Litigation
Initiation of litigation pursuant to Government Code Section 54956.9(c): (1 case)
c. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Ukiah Valley Sanitation District v. City of Ukiah, Mendocino County Superior
Court Case No. SCUK-CVC-13-63024
No action was taken on Closed Session Items.
15. ADJOURNMENT
There being no further business, the meeting adjourned at 12:04 p.m.
________________________________
Kristine Lawler, City Clerk
Continued on Page 2
Recommended Action(s): No action required, notification of a Professional Services Contract with
Indigo Studios for research and development of an annual strategic plan performance report card
system in an amount not to exceed $20,000.00.
Alternative Council Option(s):
Citizens advised:
Requested by: Chris Dewey, Police Chief
Prepared by: Chris Dewey, Police Chief
Coordinated with: Jane Chambers, City Manager
Attachments: Proposal
ITEM NO.:
MEETING DATE:
7b
July 16, 2014
AGENDA SUMMARY REPORT
SUBJECT: NOTIFICATION OF A PROFESSIONAL SERVICES CONTRACT WITH INDIGO
STUDIOS FOR RESEARCH AND DEVELOPMENT OF A POLICE DEPARTMENT
STRATEGIC PLAN, ANNUAL PERFORMANCE REPORT CARD SYSTEM, IN AN
AMOUNT NOT TO EXCEED $20,000.
Background:
In May of 2008, the City Council authorized the department to begin the process of creating a long term
strategic plan. The goal was to build on the accomplishments of the department, and to measure in a
quantifiable manner, the department’s ability to deliver quality service to the community through clearly
definable goals and performance measures.
Key to the department’s planning process was obtaining broad participation from our community to define
what is important in terms of safety and quality of life to the citizens of Ukiah. To seek as much
information as possible the department;
• Compiled statistics on crime and police services and began production of an annual report,
• Implemented a community survey, and received almost 1,000 responses, to find out how safe
citizens felt and what were the most important safety issues to address,
• Surveyed the department’s employees to identify what is working and what needs improvement,
• Held a forum with 29 of the community’s key leaders to define the broader issues impacting our
ability to deliver police services,
• Held a strategic planning workshop with the City Council and City leadership to solicit feedback,
and
• Held staff and strategic planning meetings to explore and develop our five year plan.
The information the department gathered from the community, community key leaders, City Council, City
leadership, and departmental staff, served as our basis for our decision making about the future of the
department and the police services the department provides. The community’s input also provided the
2
Subject: Notification of Professional Services Contract
Meeting Date: July 16th, 2014
Page 2 of 3
foundation for a review of the department’s core values and a redefinition of the department’s Vision and
Mission statements.
As a result of this research and planning the department established five specific goals for the delivery
of police services, in the department’s strategic plan entitled Measuring What Matters Most. The specific
goals of the plan include:
• Reducing Crime and the Fear of Crime
• Improving the Quality of Life in Our Neighborhoods
• Enhancing Community and Police Partnerships
• Developing Personnel, and
• Continued Accountability
Within each goal section of the plan, staff identified key measurements for achieving our goals, and
action plans which support each measurement. In addition, the department strived to interweave into
these goals and action plans, the department’s Core Values, Vision and Mission.
Discussion:
In March of 2010, the finalized Measuring What Matters Most Plan was presented to the City Council,
and each year during budget discussions the department has reported its progress in meeting each of
the key measurements adopted within the plan areas. During this current year’s budget discussions,
staff reported that it had met or significantly exceeded each of the defined measurements adopted as
part of the strategic plan.
At this meeting in April of 2013, staff also discussed with Council “where to go next” in meeting each of
the key measurements within the specific goals areas. Instead of a new 5 year plan, Council suggested
creating an annual rolling plan – a plan which measured annually, department performance within
specific key performance areas.
In December of 2013, the City hired Julie Fetherston to assist the department in reviewing the work
accomplished by the department, analyzing current trends the department faced, and research and
developing new performance measurements which can be utilized annually for a “report card of
performance measurements.”
In June of 2014, Julie Fetherston and staff presented to Council the findings of this research in the
report, Strategic Plan Review 2014. Utilizing the five original goal areas adopted within the department’s
strategic plan, a number of performance measurements were identified, along with recommendations for
future work by the department.
Staff now desires to begin the work of organizing and creating the annual Strategic Plan Report Card.
Our goal is to produce an easy to use formatting system; so that on an annual basis the department can
provide a consistent report of performance within the five strategic plan goal areas, utilizing the
measurements which were identified within the Strategic Plan Review 2014 document, completed in
June.
Having past experience working with local consultants for strategic planning purposes – rather than
more expensive police specific consultants – staff asked Indigo Studios to prepare a scope of work
which could meet our needs, and allow the department to control and reduce costs associated with this
process.
3
Subject: Notification of Professional Services Contract
Meeting Date: July 16th, 2014
Page 3 of 3
Indigo Studios has worked with the department over the past few years, including developing a 2012
communication review – which lead to the creation of the department’s new website, social media, and
internet crime reporting programs. Additionally, Indigo Studios helped with our department’s recent
Strategic Plan Review 2014. Because of Indigo Studio’s experience in these areas, they can reduce the
time needed to develop and produce our new Strategic Plan Report Card Format.
Along with creating a new performance report card, staff asked Indigo Studios to also budget sometime
within their proposal to help us in the development of new recruitment strategies for identifying potential
community volunteers, and our continued efforts to identify and develop local candidates for vacant
officer positions.
If every aspect of the anticipated process is utilized over the next year, the cost of these services
proposed by Indigo Studios would not exceed $20,000 dollars. This proposal best allows the department
to control the overall costs associated with creating this new desired format.
In compliance with Section 1522 of the Ukiah City Code, this report is being submitted to the City
Council for the purpose of reporting a professional services contract costing $10,000 or more, but less
than $20,000.
Funding:
Funding for this purchase will be made from the Department’s Asset Forfeiture Accounts. These funds
are intended to supplement law enforcement not, supplant general fund expenditures. The use of these
funds for non-budgeted planning purposes is consistent with asset forfeiture spending guidelines.
Recommendations:
No Action Required – Notification of a Professional Services Contract with Indigo Studios for strategic
planning activities in an amount not to exceed $20,000.00.
Fiscal Impact:
Budgeted FY
14/15 X New
Appropriation Not
Applicable X Budget Amendment
Required
Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation
Requested
Asset Forfeiture 63820210.52100
Indigo Studios • 109 W. Perkins Street, Ukiah, CA 95482 • www.indigo-studios.com
June 25, 2014
Chris Dewey, Police Chief
Ukiah Police Department
200 Seminary Ave.
Ukiah, CA 95482
Dear Chris,
Thank you for requesting a proposal for me to assist the Ukiah Police Department (UPD) as
it strives to continually improve. Based on the 2012 communication review and the 2014
strategic plan review, I would be happy to consult with UPD to achieve the following:
(1) Assess and communicate UPD performance as outlined in the 2014 strategic
review by:
a. Collecting qualitative and quantitative data on UPD’s performance
b. Overseeing the creation of the annual Strategic Report Card
(2) Improve UPD service to the public by:
a. Working with the volunteer coordinator to attract more volunteers
b. Creating strategies to recruit additional local officers
Based on our discussion, we could accomplish these goals with a budget not to exceed
$20,000 during the 2014/15 fiscal year. Please let me know if you have any questions and
I’ll be happy to address them.
Warm regards,
Jendi Coursey
Recommended Action(s): Receive report regarding payment to City of Light Sound and Recording for
the sound equipment and sound technician services for the 2013 Sundays in the Park Concert Series in
the amount of $11,112.00
Alternative Council Option(s): N/A
Requested by: Sage Sangiacomo
Prepared by: Stephanie Young
Coordinated with:
Attachments: 1. Contract
ITEM NO.:
MEETING DATE:
7c
July 16, 2014
AGENDA SUMMARY REPORT
SUBJECT: REPORT TO THE CITY COUNCIL REGARDING PAYMENT TO THE CITY OF LIGHT
SOUND AND RECORDING FOR THE SOUND EQUIPMENT AND SOUND TECHNICIAN
SERVICES FOR THE 2014 SUNDAYS IN THE PARK CONCERT SERIES IN THE
AMOUNT OF $11,112.00.
SUMMARY: Pursuant to the requirements of Section 15252 of the Municipal Code, staff is filing with the
City Council this report regarding payment to City of Light Sound and Recording for the sound equipment
and sound technician services for the 2014 Sundays in the Park Concert Series in the amount of
$11,112.00. Contract is attached for review.
The Sundays in the Park Concert Series requires a high-level of professional sound equipment and sound
management. City of Light continues to provide excellent service and contributes to the success of the
series. The event is funded entirely by private sponsorship, and the funds are held in a trust account
(90000000.23226) that the City manages.
Fiscal Impact:
X Budgeted FY 13/14 New Appropriation Not Applicable Budget Amendment Required
Amount Budgeted Source of Funds (title and #) Account Number Addtl. Appropriation Requested
$11,112.00* Sundays in the Park 90000000.23226 N/A
*funded entirely by private sponsorships
Recommended Action(s):
Receive report on the purchase of software license renewal for Box, Inc. in the amount of $23,400.
Alternative Council Option(s): Provide Staff with alternative direction
Citizens advised: n/a
Requested by: n/a
Prepared by: Sage Sangiacomo, Assistant City Manager and Maya Simerson, Program/Project
Analyst
Coordinated with: Mary Horger, Purchasing Supervisor; Scott Shaver, IT Specialist; and Jane
Chamber, City Manager.
Attachments:
ITEM NO.:
MEETING DATE:
7d
July 16, 2014
AGENDA SUMMARY REPORT
SUBJECT: REPORT TO COUNCIL ON THE PURCHASE OF SOFTWARE LICENSE RENEWAL
FOR BOX, INC IN THE AMOUNT OF $23,400.
Background:
In 2012 the City of Ukiah began using Box, Inc. for cloud based storage services. Box has since become
a highly performing resource for staff and the public.
Discussion:
This cloud based storage system provides a cost effective method for City storage without having to pay
for and maintain the infrastructure for such storage.
Box also provides collaborative workflow benefits as well as providing the ability to access all
information from offsite and mobile sources. By using Box to store a document you have the resources
to access, modify, share and manage your information from anywhere.
Box, Inc is currently being fully utilized on the City of Ukiah website for information sharing. Furthermore
staff is utilizing Box to replace the FTP site for the transfer and storage for large files to consultants and
the public.
Summary:
Box is a highly valuable tool that’s use results in a more efficient use of City resources.
Fiscal Impact:
X Budgeted FY 14/15 New Appropriation Not Applicable Budget Amendment Required
Amount Budgeted Source of Funds (title and #) Account Number Add. Appropriation Requested
$23,400 IT Software 10022900.54320
Continued on Page 2
Recommended Action(s): Authorize the City Manager to approve and sign agreements with Robert
Braitman for consulting services consistent with his proposal and with Colantuono, Highsmith &
Whatley, PC for legal services, consistent with its proposal.
Alternative Council Option(s): Decline to approve retention of the consultant and/or the law firm and
provide further direction to staff
Citizens advised:
Requested by: David J. Rapport, City Attorney, Jane Chambers, City Manager
Prepared by: David J. Rapport, City Attorney
Coordinated with: Charley Stump, Planning Director, Jane Chambers, City Manager
Attachments: 1. Proposal, resume and project list from Robert Braitman
2. Proposal from Meyers, Nave
3. Proposal from Colantuono, Highsmith and Whatley
ITEM NOS:
MEETING DATE:
7e
July 16, 2014
UKIAH CITY COUNCIL
AGENDA SUMMARY REPORT
SUBJECT: CONSIDERATION AND APPROVAL TO RETAIN ROBERT BRAITMAN FOR
CONSULTING SERVICES AND COLUNTUONO, HIGHSMITH & WHATLEY, PC FOR
LEGAL SERVICES IN CONNECTION WITH DETACHMENT OF UKIAH VALLEY
SANITATION DISTRICT TERRITORY FROM THE UKIAH CITY LIMITS AND
CORRESPONDING BUDGET AMENDMENT
SUMMARY : The City Council authorized staff to prepare for City Council approval a resolution of
application to file with the Mendocino County Local Agency Formation Commission (“LAFCO”) to detach
that portion of the Ukiah Valley Sanitation District (“District”) which is located within the Ukiah City limits.
Planning staff has not had time to prepare the application and is currently short staffed.
In order to file the necessary application and process the application through LAFCO in a timely manner,
staff is recommending that the City Council retain a consultant with the necessary expertise and
experience and an attorney with specialized knowledge of reorganizations under the Cortese-Knox-
Hertzberg Local Government Reorganization Act of 2000 (Cal. gov’t Code §56000 et seq.). The bulk of
the work would be performed by the consultant. The attorney would review the application and insure
during the process that all legal issues are adequately addressed.
The City Attorney identified potential consultants and attorneys with the necessary experience and
expertise. He prepared a request for proposals which was sent to three law firms with lawyers who
specialize in LAFCO work and three consultants who had the necessary expertise. He received two
proposals from law firms and only one of three consultants submitted a response.
The responding consultant, Robert Braitman, was recommended by both law firms which submitted
proposals. He submitted a proposal, resume and a project list. (See Attachment 1.) As you can see, he
has administered numerous LAFCO applications for consolidations, detachments and annexations,
including reorganizations involving sanitation districts. I called his references and they reported that he
did excellent work for them. The City Attorney has discussed the District detachment with him and he
believes Mr. Braitman will work well with City staff and is prepared to devote the necessary time and
attention to aggressively process the application through LAFCO. As you can see from his proposal, he
will charge for his services at $200/hour, but will charge ½ for travel time. He should not have to make
more than three or four trips to Ukiah from his office in Ventura.
Both of the attorneys who submitted proposals are highly qualified to perform the requested services. It
was difficult deciding on a recommendation. Based on their proposals, resumes and contacts with their
recommendations, I could recommend either firm. John Bakker with the Meyers, Nave firm listed more
clients for whom he has provided services involving local government reorganizations, including
detachments. (See Attachment 2.) He has represented more sanitation districts. However, Mike
Colantuono is general counsel to two LAFCOs, for Calaveras and Yuba Counties, and he is special
counsel to several others, including Nevada, Orange and San Diego County LAFCOs. (See Attachment
3.) Mr. Colantuono agreed to cap his hourly rate at $325 and can use a firm associate who charges
$245. John Bakker’s rate is somewhat higher. Taking everything into account, the City Attorney
recommends Colantuono, Highsmith & Whatley, PC, and requests the City Council to authorize the City
Manager to enter agreements with Bob Braitman and Colantuono, Highsmith & Whatley, PC consistent
with their proposals. The contracts will cap total fees under each contract at $20,000 without further
approval from the City Manager.
A budget amendment is necessary to appropriate the $40,000 for the two contracts. A new appropriation
will need to be made into Account No. 10012400-52100.
Fiscal Impact:
Budgeted FY 14/15 X New Appropriation Not Applicable X Budget Amendment Required
8277 CHESHIRE STREET • VENTURA CA 93004 • (805) 647-7612 • FAX (805) 647-7647 • bob@braitmancosulting.com
July 9, 2014
David J. Rapport
Rapport and Marston
405 W. Perkins Street
Ukiah CA 95482
Proposal to Assist the City of Ukiah in Detaching Territory
from the Ukiah Valley Sanitary District
Dear Mr. Rapport:
I am submitting a proposal to assist the City of Ukiah in detaching territory located within the
City from the Ukiah Valley Sanitation District. At your direction, I am proposing to provide the
following services. These tasks can be modified as needed.
• Develop a schedule and monitor progress to ensure the detachment is processed and
completed in a timely manner despite any procedural or legal challenges.
• Confer with the City staff to ensure there is a clear understanding the procedures that will
be entailed in processing the detachment.
• Prepare and assemble materials needed to initiate the proposed detachment.
Submittal letter from the City to LAFCO
Resolution for adoption by the City Council initiating the detachment
Description of territory to be detached
LAFCO Proposal Questionnaire and other application materials as required
Environmental determination and document
• Coordinate with City and LAFCO staffs to identify and resolve issues or concerns that
are raised during the process by local agencies or the public.
• Review the LAFCO staff report and questions from other parties; assist in responding to
any public or local agency concerns.
• Assist in preparing for the LAFCO hearing and participate as needed.
• Following LAFCO approval, work with its staff to ensure the detachment is recorded and
filed with the State Board of Equalization and County Assessor.
David J. Rapport
July 9, 2014
Page two
The process as set forth in state law will involve the following basic steps:
• Prepare and submit application to LAFCO
• Ensure property tax exchange agreement, if not already in place, is approved by Board of
Supervisors, pursuant to Revenue & Taxation Code Section 99.
• LAFCO review and approval of the detachment at a noticed public hearing.
• Following LAFCO approval a second hearing called the “protest hearing” is held by
LAFCO or by the LAFCO staff to receive any written protests against the detachment
from registered voters or landowners within the detachment area.
• In the absence of a 25% written protest by landowners or registered voters, the LAFCO
staff will record the detachment, and subsequently file the detachment with the State
Board of Equalization and County Assessor. It will be effective from the date recorded.
I will be personally responsible for performing the work. My resume and partial list of project
experience are enclosed. As requested, clients you can contact with questions about our services
include: Michael Penrod, Parkstone Companies (805-373-8808 x 105) regarding an annexation
to the City of Fillmore and Jim Worden, Centex Homes (661-799-1318) regarding a detachment
from Oxnard Drainage District No. 1.
My billing rate for consulting services is $200 an hour based on the actual time spent, plus out-
of-pocket expenses invoiced at cost plus 10%. Secretarial services are provided at $30 hour. We
maintain detailed records and provide monthly statements with payment due in 30 days.
Other costs involved in the detachment process include the LAFCO processing fee and a filing
fee imposed by the State Board of Equalization at the end of the process.
Please let me know if you have any questions. I am ready start immediately.
Very truly yours,
BOB BRAITMAN
BOB BRAITMAN
Bob Braitman has 40 years of experience in California local government. He specializes
in the provision of public services by local agencies, fiscal analysis, local government
reorganizations and jurisdictional relations.
He began his public service career in 1970 in the Ventura County Executive Office
providing budget review and administrative analysis for various County functions. From
1974 to 1992 he also served as the Executive Officer of the Ventura Local Agency
Formation Commission (LAFCO), a public agency regulating local government
boundaries and service extensions.
The consulting firm Braitman & Associates was founded in 1992 serving both public and
private clients with primary emphasis on organizational changes such as city
incorporations, special district formations and other local government changes.
Bob has served as Executive Officer of four LAFCOs: Ventura, Santa Barbara, Contra
Costa and San Benito and has provided consulting services for several other LAFCOs.
He has prepared municipal service reviews and spheres of influence updates for Fresno,
Inyo, Los Angeles, Santa Barbara and Ventura LAFCOs and performed several other
local governmental studies.
Bob has analyzed and formulated recommendations for more than 1,500 boundary and
governmental changes, and prepared numerous municipal service reviews and sphere
of influence adoptions and modifications.
He has provided consulting services for other public agencies including cities and special
districts and for private parties. A list of these agencies is available upon request.
Bob graduated from Fresno State University with a degree in public administration. He
teaches in the Masters in Public Policy and Administration (MPPA) program at California
Lutheran University (CLU) in Thousand Oaks and also instructs intergovernmental
courses for the UC Davis, UCLA, UCSB and UC Riverside Extensions.
BOB BRAITMAN
Partial List of Project Experience
Local Government Boundary Changes – As LAFCO staff or a private consultant
assisted public agencies and private interests in processing numerous simple and
complex city and special district creations and boundary changes.
Municipal Service Reviews - Prepared Municipal Service Reviews (MSRs) for cities
and special districts, and recommendations updating spheres of interest for cities
and special districts in several counties.
Spheres of Influence - Prepared analyses and recommendations for the adoption
or modification of various city and special district spheres of interest.
Public Services, Resource Management and Land Use Policies - Helped develop
and implement programs to integrate countywide transportation, air and water
quality and sphere of influence planning.
City Incorporations – As LAFCO staff, special LAFCO staff and private consultant
helped manage procedures for incorporating cities in Goleta (Santa Barbara),
Moorpark (Ventura), Oakhurst (Madera County), Oakley (Contra Costa), Pleasant
Grove (Sutter) and Shasta Lake (Shasta).
Comparative Municipal Tax Studies - Compared sales, transient occupancy and
property tax revenues among cities to evaluate relative reliance on these taxes to
fund municipal services and the fiscal strength of cities on a per capita basis.
Development Services Plan - Assisted Ahmanson Land Company and Ventura
County in developing a public service and financing plan for a master planned,
mixed-use community.
Reorganization of Sanitary Districts - Prepared analysis and recommendations to
consolidate the Meiners Oaks, Oak View and Ventura River Sanitary Districts, and
concurrently annex the City of Ojai and transfer its sanitation facilities and
responsibilities to the consolidated district.
Reorganization of Water Services - Prepared analyses and recommendations to
reorganize water delivery services, including consolidation of four water districts
in Simi Valley and the concurrent detachment of territory from an existing district
and the formation of a new district.
BOB BRAITMAN
Partial List of Project Experience - Page 2
Establishment of Subsidiary Districts - Administered the establishment of
subsidiary districts for water and sewer services and transferred governing
authority from a county to a city.
Formation of Community Services Districts - Managed the formation of CSDs in
Del Norte, Sutter and Ventura Counties, including the negotiation of complex
special tax formulae to fund District services.
Transfer of Territory Between Counties - Managed the transfer of 5,900 acres of
territory from Ventura County to Kern County with corresponding financial and
appropriations limit adjustments and corresponding district boundary changes.
Government Options Study - Assisted the City of Ojai and a Local Government
Options Committee to improve public services and controls in the Ojai Valley
through a plan that would triple the incorporated population by annexing urban
communities in the vicinity of the City.
Solid Waste Management - Prepared a comprehensive study of solid waste
management issues and developed a reorganization of solid waste programs by
creating a County Department of Solid Waste Management.
Property Tax Transfer Agreements – Negotiated numerous property tax transfer
agreements between the county, cities and districts.
Resource Management Agency - Prepared the organizational analysis which led
to the creation of an agency from several departments and resolved related
staffing, fiscal, space, reporting and program coordination issues.
School Facilities Construction Financing - Facilitated negotiation between a city,
elementary and high school districts, and landowners to finance facilities
necessary to accommodate new students.
Fire Protection District Reorganizations – Evaluated and coordinated successful
annexations, detachments and consolidations of several fire protection districts in
Calaveras County.
Legislative Revisions – Served on task forces created by the Legislature to help
rewrite the Community Services District Law and County Service Area Law.
555 12th Street, Suite 1500
Oakland, California 94607
tel (510) 808‐2000
fax (510) 444‐1108
www.meyersnave.com
John Bakker
Attorney at Law
jbakker@meyersnave.com
A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SAN FRANCISCO SANTA ROSA FRESNO
July 7, 2014
Via Electronic Mail
David J. Rapport, Ukiah City Attorney
Rapport and Marston
405 W. Perkins Street
Ukiah, CA 95482
rapport@pacbell.net
Re: Response to RFP for Legal Services
Dear Mr. Rapport:
Thank you for inviting Meyers Nave to submit our proposal to serve as special counsel in connection
with a detachment of territory within the City of Ukiah from the Ukiah Valley Sanitation District. On
behalf of the City, I would serve as lead special counsel for this matter and will be assisted by Kristopher
Kokotaylo. Our biographies are enclosed. Below, I have summarized our experience.
BACKGROUND HANDLING LAFCO AND SANITATION-RELATED MATTERS
Meyers Nave has represented cities and special districts before Local Agency Formation Commissions
(LAFCOs) in at least half of the counties in California. As the firm’s lead attorney for LAFCO-related
issues, I have worked with about a dozen LAFCOs in all manner of proceedings, including the transfer of
responsibility for providing a service from one public entity to another. I have a thorough grasp of the
Cortese-Knox-Hertzberg Local Government Reorganization Act (“the LAFCO law”).
I became intimately familiar with all aspects of LAFCO law over a decade ago when I was with the former
Hatch and Parent law firm and worked on a matter that resulted in a published appellate decision
involving LAFCO laws: Embarcadero Municipal Improvement District v. County of Santa Barbara (2001)
88 Cal.App.4th 781. Subsequently, I have represented LAFCOs, citizens’ groups, special districts, cities
and counties in all manner of LAFCO proceedings.
At Meyers Nave, I serve as city attorney, general counsel and special counsel to municipalities and special
districts, including special districts providing (or desiring to provide) sewer service: the Bayshore
Sanitary District, the Napa Sanitation District, the Tamalpais Community Services District, the East
Orange County Water District and the Seaside County Sanitation District. My representation of these
David J. Rapport, Ukiah City Attorney
July 7, 2014
Page 2
A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SAN FRANCISCO SANTA ROSA FRESNO
agencies and involvement in the California Association of Sanitary Agencies has exposed me to the
requirements of environmental laws such as the Clean Water Act and Porter-Cologne Water Quality
Control Act. Also relevant to this proposed engagement is my city attorney role for the City of Dublin.
Given that Dublin remains a fast growing city despite the recent economic downturn, I have frequently
advised Dublin on land use issues and have developed a deep knowledge of CEQA requirements. I use
my knowledge and experience to provide practical advice that helps my clients achieve their goals in the
land development process.
Examples of my LAFCO work:
East Orange County Water District (District)– Transfer Sewer Service. As special counsel, I advise on a
proposal to transfer retail sewer service within a portion of the district service area from the Orange
County Sanitation District to the district.
Seaside County Sanitation District – Expand Sphere of Influence. I advise the district on its
application to the Monterey County LAFCO for the expansion of its sphere of influence and an
annexation of the former Fort Ord lands for the district to provide sewer service.
City of Greenfield – Increase Sphere of Influence. As the City Attorney of Greenfield, I advised on the
city’s proposal to increase its sphere of influence by 1,139 acres and a subsequent effort to reach
agreement among LAFCO, the county, and the city on its future growth. Greenfield’s proposal led to
extensive negotiations between Greenfield, Monterey County, and LAFCO, with me serving as the
city’s lead negotiator. I have also advised the city in a number of annexations in Greenfield.
Del Norte LAFCO – Proceeding to Dissolve Water District. I served as special conflicts counsel to the Del
Norte LAFCO in a highly contentious proceeding brought by the County of Del Norte to dissolve the
Pacific Shores Water District.
City of Dublin – Annexations. As the Assistant City Attorney and as City Attorney, I have represented
the City of Dublin in connection with a number of annexations. The largest annexation was
approximately 1,100 acres; it was challenged in three lawsuits, and the firm was successful in defending
the EIR and LAFCO approval in all three lawsuits. The city defended LAFCO pursuant to an
indemnification agreement required by LAFCO. We have also advised Dublin in connection with a
number of smaller annexations in the city’s extended planning area.
City of Dublin – Proposed Sphere Amendment. As City Attorney, I advised on a still-nascent proposal to
add territory to the city’s General Plan planning area and include the territory in the city’s sphere of
influence. The proposal is controversial due to its location between Dublin and the neighboring City of
Livermore. More recently, the proposal has been the subject of competing initiative measures that
would amend the city’s General Plan with respect to the area.
Carmel Valley and Castro Valley Regions – Incorporation Efforts. I have represented a number of
citizens’ groups in unincorporated areas as they navigate the complicated LAFCO process leading to
incorporation of new cities. I represented incorporation proponents in the Carmel Valley area in
Monterey County and assisted incorporation proponents in Castro Valley in Alameda County.
David J. Rapport, Ukiah City Attorney
July 7, 2014
Page 3
A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SAN FRANCISCO SANTA ROSA FRESNO
Contra Costa County Fire Protection Districts – Consolidation Proposals. Recently, I advised two Contra
Costa County fire protection districts on consolidation and governance proposals arising out of the
Contra Costa LAFCO’s countywide municipal service review process for fire service. I have also advised
a city in Contra Costa County served by a fire district on its options for improving fire service in its
community.
City of Rancho Cordova – Revenue Neutrality Litigation. Rancho Cordova was incorporated in 2003.
Meyers Nave was retained as its first City Attorney. Due to my background in LAFCO matters, I was
brought in to help represent t Rancho Cordova in a lawsuit against Sacramento County and
Sacramento LAFCO challenging the “revenue neutrality” tax sharing agreement imposed on the city’s
upon incorporation, as well as the amount of property tax allocated to the new city. My understanding
of the revenue neutrality provisions of the LAFCO law were instrumental in developing the case. The
resulting settlement reduced the city’s revenue neutrality obligations by approximately $300 million.
Special District – Advise on Incorporation or Annexation to City. I advised a special district client on
competing proposals to either incorporate the Goleta Valley or annex it to the City of Santa Barbara.
City of Fresno – Island Annexation. I assisted the firm’s land use and environmental practice group with
successful litigation involving a LAFCO condition imposed on an island annexation. The successful
litigation invalidated a condition that would have required voter approval of city taxes before the
annexation became effective.
County of San Benito – Formation of Special District. I advised the County of San Benito on potential
options for creating a new special district to provide county-wide library and parks services with a
dedicated revenue source.
PROPOSED COMPENSATION
Meyers Nave proposes the following rates:
Rate
Senior Principal $365 per hour
Principal/Senior Of Counsel $340 per hour
Of Counsel $315 per hour
Senior Associate $265 per hour
Associate $240 per hour
Paralegal $200 per hour
REFERENCES
As requested, I have provided below my references who can attest to my background and client service.
Chris Foss, Dublin City Manager, City of Dublin
100 Civic Plaza, Dublin, CA 94568
925.833.6650; chris.foss@dublin.ca.gov
David J. Rapport, Ukiah City Attorney
July 7, 2014
Page 4
A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SAN FRANCISCO SANTA ROSA FRESNO
John Dunn, General Manager, Seaside County Sanitation District [City Manager of Seaside]
440 Harcourt Avenue, Seaside, CA 93955
831.899.6702; jdunn@ci.seaside.ca.us
Lisa Ohlund, General Manager, East Orange County Water District
185 N. McPherson Road, Orange, CA 92869
714.538.5815; lohlund@eocwd.com
I understand that the City aims to file its resolution of application with LAFCO by the first week in
August. Kris and I are available to work with the City immediately.
In closing, I am confident that Meyers Nave can provide the City cost-effective strategic advice as it
navigates the highly political and politicized LAFCO process. Furthermore, I am confident that we will
work in an optimal manner with the City’s consultant on the project, if the City retains one to manage
the process. I look forward to speaking with you further on this proposed engagement. In the meantime,
I thank you for your consideration.
Very truly yours,
John Bakker, Chair, Municipal and Special District Law
Bakker Page 1 of 3
JOHN D. BAKKER
John D. Bakker
Principal
555 12th Street, Suite 1500
Oakland, CA 94607
T: 510.808.2000
F: 510.444.1108
jbakker@meyersnave.com
Practice Groups
Land Use
Municipal and Special District Law
Public Finance
Public Power and Telecommunications
California Bar Number
198563
Education
Hastings College of the Law, JD, 1998
University of California at Berkeley, BA
History, 1995
Practicing Since: 1998
Joined Meyers Nave: January 2001
John Bakker chairs the firm’s flagship practice group,
Municipal and Special District Law, overseeing the work of
more than 30 attorneys who collectively serve as city
attorneys to more than 25 municipalities. John is an
experienced and knowledgeable advisor on the full range of
public law issues. His areas of focus include government
finance (Propositions 13, 62, and 218), Political Reform Act
compliance (lobbying, conflicts, campaign finance), elections
(initiative and referendum), the Cortese-Knox-Hertzberg
Local Government Reorganization Act (annexations,
incorporations, and reorganizations), land use, and
telecommunications, energy and public utilities. Since joining
the firm in January of 2001, John has advised municipal
clients on these and other public law issues and advised
private clients on the procedures for incorporating new
cities. Currently, John serves as City Attorney for the City of
Dublin and General Counsel for the Bayshore Sanitary
District, the Napa Sanitation District and the Tamalpais
Community Services District. He is also an Adjunct
Professor of Law at the UC Davis Law School, where he
teaches local government law.
Many of the firm’s clients rely on John’s knowledge of
funding issues related to utility and other public
infrastructure projects. He has advised clients on
development impact fees; the adoption and increase of
water, sewer, stormwater and solid waste service charges;
and water and sewer connection and capacity charges. In
advising cities on comprehensive updates to their
development impact fee programs, John reviews supporting
documentation, ensures compliance with the Mitigation Fee
Act and constitutional requirements, and prepares necessary
legislation. He has also advised several cities in disputes with
developers over the application of impact fees to their
projects.
In connection with these and related utility and
infrastructure matters, John frequently advises clients on
compliance with Proposition 13, Proposition 218 and the
Mitigation Fee Act. He is a recognized authority on
Bakker Page 2 of 3
Proposition 218’s provisions regarding property-related fees, having presented on the topic to
the League of California Cities City Attorneys Committee on two occasions and having served
on the League’s Ad Hoc Committee on Proposition 218 in 2007. John has also served as an
expert on Proposition 218 proceedings in a patent infringement lawsuit. John currently serves
on the League of California Cities Ad Hoc Prop. 26 Committee. This taskforce is charged with
preparing guidance regarding the implementation of the proposition, which California voters
approved at the November 2010 election. The measure imposes new procedural and substantive
requirements on some local fees.
John has particular knowledge of all aspects of Local Agency Formation Commission (LAFCO)
proceedings. At his former firm, John worked on a matter that resulted in a published appellate
decision involving LAFCO laws: Embarcadero Municipal Improvement District v. County of Santa
Barbara (2001) 88 Cal.App.4th 781. In the course of this work, he became intimately familiar
with all aspects of the LAFCO law. Subsequently, he has represented LAFCOs, citizens groups,
special districts and cities in all manner of LAFCO proceedings. This representation of citizens
groups has focused on citizens working their way through the complicated LAFCO process
leading to the incorporation of a new city. Notably, John:
Advised the newly incorporated City of Rancho Cordova in a dispute with LAFCO and the
County on the legality of the City’s revenue neutrality obligations imposed during the
incorporation proceeding;
Advised special district clients wishing to oppose incorporations and other proposals that
negatively impacted the districts;
Advised a special district client on competing proposals to either incorporate the Goleta
Valley or annex it to the City of Santa Barbara;
Assisted city clients with a number of large-scale annexations and sphere of influence
proceedings; and
Served as conflicts counsel to the Del Norte LAFCO in a proceeding initiated by the County
to dissolve a water district.
In connection with his LAFCO and finance work, John has developed an expertise in other
arcane areas of local-government finance. In particular, John has advised many of the firm’s
clients in disputes relating to the allocation of property tax revenues to cities, counties, and
special districts. In addition, John has been retained by the League of California Cities to pursue
litigation against the State of California challenging a provision of the 2011-2012 State Budget
that reallocates vehicle license fee revenue in a manner that the League asserts violates state law.
The challenge involves various provisions of the State Constitution (Propositions 22 and 1A)
that prohibit state raids on local revenues.
John is Co-chair of the firm’s Public Power and Telecommunications Practice Group, advising
firm clients on a range of telecommunications and cable television matters. During law school,
he interned at the California Public Utilities Commission and worked on various
telecommunications matters there, including the implementation of the Telecommunications
Act of 1996. He has advised clients on the Act’s provisions which preempt local land use
Bakker Page 3 of 3
authority over wireless and wireline facilities and ham radio antennas. He has also advised clients
on the impact of state law provisions granting telephone corporations a right to use public rights
of way for telecommunications facilities. John has been heavily involved in responding to
AT&T’s entry into the video programming market, both before and after the enactment of the
Digital Infrastructure and Video Competition Act of 2006. Recently, John negotiated a
municipal WiFi agreement with AT&T on behalf of the City of Napa.
Published Decisions
Concerned Dublin Citizens v. City of Dublin (2013) __ Cal. App. 4th __
Kokotaylo Page 1 of 2
KRISTOPHER KOKOTAYLO
Kristopher Kokotaylo
Associate
555 12th Street, Suite 1500
Oakland, CA 94607
T: 510.808.2000
F: 510.444.1108
kkokotaylo@meyersnave.com
Practice Group
Municipal and Special District Law
California Bar Number
273091
Education
University of California, Hastings College of
the Law, JD, cum laude, 2010
San Diego State University, BA, summa
cum laude, Political Science with
Psychology minor, 2007
Practicing Since: 2010
Kristopher Kokotaylo serves as Deputy City Attorney for
the City of Union City and as Assistant City Attorney for the
City of San Leandro. He also represents the Stege Sanitary
District and the West Contra Costa Transportation Advisory
Committee on a regular basis, among other municipalities.
Kris focuses his practice on public law matters related to
land use, real estate, construction, constitutional law, code
enforcement, the Public Records Act, and the Brown Act.
Kris has advised on novel issues facing municipalities and
special districts, as well as helped his clients update their
policies and procedures in response to changes in the law.
For example, Kris crafted a first-of-its kind ordinance that
updated Union City’s municipal code to treat electronic
cigarette retailers as tobacco retailers under the City’s
tobacco retailer license scheme.
Before joining Meyers Nave, Kris worked on policy issues
for Alameda County Supervisor Nate Miley. He also served
as a graduate law clerk and External Bridge Fellowship
Attorney for the Alameda County Office of the County
Counsel. These experiences have given Kris the background
to undertake a range of matters, from routine to highly
complex, in a concise and reliable manner.
Kris serves on the Board of Directors for Spectrum
Community Services, a non-profit organization that assists
low-income and disadvantaged individuals, families and
seniors in their efforts to live independently. While in law
school, Kris was a member of the Thurston Society. Kris has
also volunteered as an alumni coach for the Hastings Moot
Court Intercollegiate Competition Team.
Honors and Awards
Member, UC Hastings Thurston Honor Society
Kokotaylo Page 2 of 2
Professional Affiliations
Member, The State Bar of California
Member, Asian American Bar Association of the Greater Bay Area
Member, Board of Directors, Spectrum Community Services
Presentations and Publications
Author, “Drones and the Potential Redefinition of Privacy,” Law 360, April 2014
Speaker, “Complying with AB 1149,” Municipal Information Systems Association of
California Winter Quarterly Meeting, 2014
Speaker, “How Cities Can Better Protect Youth from Nicotine Addiction: A workshop on
understanding and adopting a local tobacco retailer license,” Alameda County Tobacco
Control Coalition, 2014
1
David Rapport
From:Michael G. Colantuono <mcolantuono@chwlaw.us>
Sent:Thursday, July 03, 2014 5:31 PM
To:David Rapport
Subject:RE: RFP
Attachments:resume (july 2014).DOC; Matt Summers profile and bio (4_14).DOCX
Dave, we would be happy to help with this project. I propose to staff it with me and Matt
Summers. My resume and Matt’s profile are attached. I am General Counsel of the Calaveras
and Yolo LAFCOs and provide special counsel services to several others. We also represent
local governments and incorporation proponents before LAFCOs and presently represent
Incorporate Olympic Valley, an unincorporated association which is seeking to incorporate the
Squaw Valley ski resort near Lake Tahoe as a new city. Matt is assisting me on that project.
We would cap our standard rates at $325 / hour for this project. As a result my rate would be
$325 and Matt’s would be $245.
Client references include:
Calabasas City Manager Tony Coroalles, (818) 224-1606. We have assisted Calabasas in
resisting an detachment and in pursuing controversial annexations.
Incorporate Olympic Valley Chair Dr. Fred Ilfeld, (530) 448-6060. Dr. Ilfeld Chairs the
Board of IOV, our client with respect to its pending incorporation proposal.
You are also welcome to contact John Benoit, Executive Officer of the Yuba and
Calaveras LAFCOs at (707) 592-7528
More information about our firm may be found on our website at www.chwlaw.us. If we can
provide further information to assist your review of this proposal, please let me know. Thank
you for the opportunity to propose our services!
Michael G. Colantuono
CERTIFIED SPECIALIST IN APPELLATE LAW
THE STATE BAR OF CALIFORNIA, BOARD OF LEGAL SPECIALIZATION
Colantuono, Highsmith & Whatley, PC
11364 Pleasant Valley Road | Penn Valley, CA 95946
Direct: (530) 432-7357 or (213) 542-5738 | Main: (530) 432-7357 | Fax: (530) 432-7356
E-mail: MColantuono@chwlaw.us | Web: www.chwlaw.us
PLEASE NOTE NEW FIRM NAME, EMAIL AND WEB ADDRESSES
2
This email may contain material that is confidential, privileged and/or attorney work product for the sole use of the intended
recipient. Any review, reliance or distribution by others or forwarding without express permission is strictly prohibited. If you are not
the intended recipient, please contact the sender and delete all copies.
From: David Rapport [mailto:drapport@pacbell.net]
Sent: Thursday, June 26, 2014 2:29 PM
To: Michael G. Colantuono
Subject: RFP
REQUEST FOR PROPOSAL FOR LEGAL SERVICES
CITY OF UKIAH
This is a request for proposal to provide legal services in connection with detaching from the City of Ukiah the portion of
the Ukiah Valley Sanitation District (“District”) that is located within the City limits. The RFP is being sent to a limited
number of attorneys who have been identified as having particular expertise and experience with local government
reorganizations under the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000.
BACKGROUND
The District was formed in 1955 by the Mendocino County Board of Supervisors to provide sewer service outside the
Ukiah City limits. The City and the District entered an agreement in 1955 under which the City constructed and financed
a new wastewater treatment plant and the District constructed and financed a new trunk sewer line as the backbone for
a collection system that would serve both the District and the City. The City and the District have amended,
supplemented and restated their agreement nine times since 1955.
Since 1955, the City has owned and operated the sewer treatment plant, operated, maintained and repaired the
collection system serving the City and the District and has provided billing and collection services to both the City and
the District. The primary changes prior to the 1999 amendment to the 1995 Agreement related to how the City charges
the District for these services. Since 1985 the City operates the combined City/District sewer system as one system and
the District and the City share those costs in proportion to the number of sewer service units in the City and the District.
A number of annexations in the 1970s has resulted in approximately half the District’s customers being located in the
Ukiah City limits. (See attached map which shows District and City boundaries.)
In 2008 the District converted from a 3 member Board of Directors composed of two county supervisors and one city
council member to a 5 member directly elected Board. Since that time, the relationship between the District and the
City has become increasingly contentious.
The City is anxious to move forward with detachment proceedings before LAFCO, but does not have the staff resources
to devote sufficient time and expertise to move the detachment forward on any sort of an aggressive schedule.
SERVICE SOUGHT
The City is simultaneously seeking a lawyer/law firm with the relevant expertise to provide legal services in connection
with preparing, filing and processing through LAFCO an application for detachment and a non-lawyer consultant
qualified to prepare paper work and work with LAFCO to process the application. The lawyer would work with the City
Attorney and the consultant to provide legal and tactical advice in connection with the application, paying particular
attention to avoiding or preparing for potential legal challenges to the detachment. If there are contested administrative
or legal proceedings, the lawyer may also be called upon to provide litigation services. The City would like to have its
resolution of appication on file with LAFCO by the first week in August.
3
INFORMATION REQUESTED
The RFP can be informal. There is no prescribed format. It can be in response to this email or in letter format. It should
include the names, contact information and relevant experience of attorneys or paralegals who would provide services,
hourly rates or proposed compensation for providing services, and contact information for two or more clients who
received similar services from the attorney. You may, but are not required to, submit a proposed retainer agreement.
TIME FOR RESPONSE
I would like to take a recommendation to retain a firm to the City Council at its July 18 meeting. To have time to make a
recommendation, including follow-up contact with you, I will need your proposal by July 7. I apologize for the short
response time.
Please feel free to call or email, if you have questions.
David J. Rapport
Rapport and Marston
405 W. Perkins Street
Ukiah, CA. 95482
Tel: 707-462-6846
Cell: 707-972-4944
Fax: 707-462-4235
Coast: 707-937-0785
116308.6
MICHAEL G. COLANTUONO, ESQ.
EMPLOYMENT
Managing Shareholder, Colantuono, Highsmith & Whatley, PC
11 364 Pleasant Valley Road
Penn Valley, CA 95946-9000
Telephone: (530) 432-7359; Facsimile: (530) 432-7356
E-mail: MColantuono@chwlaw.us
Certified Appellate Specialist, State Bar of California, Board of Legal
Specialization. Advice and litigation for local governments, with special expertise
in appellate advocacy, municipal finance (including post-redevelopment issues),
land use, the Cortese-Knox-Hertzberg Act, and environmental regulation. City
Attorney of Auburn and Grass Valley; Special Counsel to cities, counties, and
special districts throughout California. General Counsel to Calaveras and Yuba
LAFCOs, First Five Yuba County, North Yuba Water District and Garden Valley,
Ophir Hill and Rough & Ready Fire Districts; Special Counsel to the Nevada,
Orange, San Diego and Yolo LAFCOs. Previously City Attorney of six other cities,
General Counsel of redevelopment agencies and special districts.
Shareholder and Associate (1989–2001), Richards, Watson & Gershon, PC
Los Angeles, California
Adjunct Professor of Law (Spring 1995), Boalt Hall School of Law at the
University of California at Berkeley, Administrative Law
Law Clerk (1988–1989), Honorable James R. Browning
United States Court of Appeals for the Ninth Circuit
EDUCATION
Boalt Hall School of Law, University of California at Berkeley, J.D., May 1988.
Member, Order of the Coif. Articles Editor, California Law Review. Thelen Marrin
Award Recipient (Highest Ranked Graduate). Moot Court Board Award.
Recipient, American Jurisprudence and Prosser Awards for Excellence in
Property, Land Use, Contracts, Constitutional Law, Evidence, Federal Courts,
Corporations and International Law.
Harvard University, Cambridge, Massachusetts, B.A. magna cum laude in
Government, June 1983.
PROFESSIONAL ACTIVITIES AND HONORS
Trustee, State Bar of California (October 2012 –); Vice Chair, Audit Committee
(October 2013 –). The Speaker of the California Assembly appointed Mr.
116308.6
Colantuono to the governing board of the agency which regulates the practice of
law in California.
116308.6
MICHAEL G. COLANTUONO, ESQ.
Resume
Page Two
PROFESSIONAL ACTIVITIES AND HONORS (Continued)
Member, California Academy of Appellate Lawyers (2014 –). Mr. Colantuono
was elected to membership in this prestigious association of fewer than 100 of
California’s most distinguished appellate advocates.
Member, Review Committee, Commission on Judicial Nominees Evaluation
(October 2013 –). Appointee of State Bar President to committee which hears
appeals from negative evaluations of Governor’s potential judicial nominees.
Public Lawyer of the Year (2010). California’s Chief Justice Ronald M. George
presented Mr. Colantuono with the 2010 Ronald M. George Public Lawyer of the
Year Award, which recognizes an exceptional lawyer who has dedicated a
significant portion of his or her career to public service. Award recipients
represent the highest professional and ethical standards and are inspirational
advocates for the public interest in the view of the Executive Committee of the
Public Law Section of the California State Bar Association.
Fellow, American Bar Association (2013 —). Invited to membership in
honorary association of lawyers, judges and legal scholars which provides
leadership to the legal profession.
President of the City Attorneys Department of the League of California
Cities (2003–04). Elected by his peers to lead the professional association of
city attorneys, Mr. Colantuono’s service included ex officio service on the Legal
Advocacy Committee of the League and as the Department’s 1st Vice President
(2002–03) and 2nd Vice President (2001–02).
Member, Commission on Local Governance for the 21st Century (1998–
2000). Appointee of the Rules Committee of the California State Assembly. This
Commission’s report led to 2000’s A.B. 2838, which comprehensively revised the
Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000,
regarding the establishment, dissolution, expansion and merger of local
governments in California.
Chairman, Prop. 218 / Prop. 26 Task Forces of the League of California
Cities (1996–present). Presidents of the City Attorneys Department appointed
Mr. Colantuono to these working groups which drafted the League’s Proposition
218 Implementation Guide (2007 ed.), its Proposition 26 Implementation Guide
(April 2011) and the Proposition 218 Omnibus Implementation Act, Chapter 38 of
the Statutes of 1997.
116308.6
MICHAEL G. COLANTUONO, ESQ.
Resume
Page Three
PROFESSIONAL ACTIVITIES AND HONORS (Continued)
Attorney of the Year (2010–11), Santa Barbara County Chapter of the California
Special District Association for assistance to the Goleta Water District in setting
water rates.
Top 25 Municipal Lawyers in California (2011, 2012, 2013). The San
Francisco and Los Angeles Daily Journal named 25 leading California Municipal
Lawyers and has recognized Mr. Colantuono for his leading role in appellate
litigation involving municipal revenues in all three annual issues to date.
Award of Recognition, Public Health Law & Policy (2008) for Contributions to
PHLP in its first decade of work advising California local governments as to their
authority to regulate tobacco.
Award of Excellence — Planning Implementation (2002) presented by the
Northern Section of the California Chapter of the American Planning Association
for the City of Belmont’s Lot Merger Program.
AV Rating, Martindale-Hubbell Peer Review Ratings. This rating reflects a
Very High General Ethical Standards rating and a Preeminent Legal Ability
numerical rating in a survey of lawyers who know Mr. Colantuono’s work.
Recognition — Super Lawyers of Northern California (2006–present) – Super
Lawyers of Southern California (2004–2005). Super Lawyers rates outstanding
lawyers who have attained high peer recognition and professional achievement.
Recognition — Best Lawyers in America (2013).
OTHER PUBLIC SERVICE
Director, Northern California Lawyer Access, Inc. (Director, 2007–12;
President 2008–09, Secretary 2011–12). This nonprofit operates a lawyer
referral service in 21 northern California Counties.
President, Board of Trustees of the Nevada County Law Library (Trustee,
2005–09; President, 2008–09); President, Nevada County Bar Association
(2006). Vice President (2005). Member Fee Arbitration panel (2005 –).
116308.6
MICHAEL G. COLANTUONO, ESQ.
Resume
Page Four
PUBLICATIONS
California Civil Appellate Practice (Continuing Education of the Bar, California,
May 2014, Consultant).
Proposition 26 Implementation Guide (League of California Cities, April 2011,
Contributor).
“10 Things You Need to Know About City Finance,” Western City (November
2010) (co-authored with Michael Coleman).
“Limitations on Exercise of Taxing Authority; Procedural Issues,” The California
Municipal Law Handbook, Chapter V (California Continuing Education of the
Bar, Contributor, 2004; Reviewer, 2005–present).
Providing Conflict of Interest Advice. (League of California Cities, 2004
edition, Reviewer).
Proposition 218 Implementation Guide. (League of California Cities, January
1997 edition, Contributor); (1998, 1998-A, 2000 and 2007 editions, Contributor
and Editor).
“Metered Utility Rates are Subject to Proposition 218,” Western City (October
2006).
Special Financing Districts: An Introduction to Special Assessments and
Special Taxes. (NBS, 2006, Contributor).
“Forward,” Practicing Ethics: A Handbook for Municipal Lawyers (League of
California Cities, 2004).
“Local Fiscal Authority and Stability: Control and Risk and California City
Revenues,” Western City (August 2003) (co-authored with Michael Coleman).
“The Origins and Devolution of Local Revenue Authority,” Western City (June
2003) (co-authored with Michael Coleman).
Securing Voter Approval of Local Revenue Measures. (League of California
Cities, 1999, Contributor).
Practice Under the California Environmental Quality Act. (Continuing
Education of the Bar, California, 1993, Consultant).
110897.5
MATTHEW T. SUMMERS
(213) 542-5719
MSummers@CHWLAW.US
Matt Summers is an associate in Colantuono, Highsmith & Whatley’s Los Angeles
office with advisory and litigation assignments. His practice covers a range of public
law issues, including post-redevelopment disputes, telecommunications, land use,
conflicts of interest, open meetings law, and Americans with Disabilities Act
(“ADA”) compliance. He serves as Assistant City Attorney and Planning
Commission Counsel for the City of Calabasas and advises the Cities of Barstow
and Sierra Madre, including each City’s role as Successor Agency to the former
Redevelopment Agency, five Oversight Boards, and the Orangeline Development
Authority, as well as work for our other general and special counsel clients. He is our
firm’s lead associate on telecommunications law and has assisted Calabasas in a
number of vigorous disputes regarding cell tower siting under that city’s complex
and ambitious ordinance.
Current litigation assignments include defense of Calabasas’ wireless
telecommunications facilities siting ordinance; a constitutional challenge to
A.B. 1484, the post-redevelopment legislation, now pending in the Third District
Court of Appeal on behalf of 4 cities and their successor agencies; a constitutional
challenge to the San Diego County Auditor-Controller’s method for allocating funds
from the redevelopment agency dissolution process; and several challenges by cities
to decisions by the Department of Finance relating to redevelopment agency
dissolution, including Recognized Obligation Payment Schedule and Due Diligence
Review disputes.
Prior to joining the firm, Matt was an Intern at the City Attorney’s Office for the
City of Berkeley, where he was involved with a wide range of municipal law topics.
Matthew’s work for the City encompassed advice and litigation, including research
and analysis regarding the extent of the City’s ADA obligations in novel cases
concerning access to pools and non-motorized small boat launches. He also wrote
memoranda concerning labor and employment issues, public nuisances, federal civil
rights disputes under 42 U.S.C. Section 1983, public finance, and the Political
Reform Act. He also wrote and argued a Pitchess motion on behalf of the City
regarding access to personnel records of police officers in a criminal case.
110897.5
Matt received his J.D. cum laude from the University of California, Hastings in 2011
where he was an Articles Editor of the Hastings West-Northwest Journal of
Environmental Law & Policy. While at Hastings, Matt worked as a judicial extern
for the Honorable Marilyn H. Patel of the US District Court, Northern District of
California. He graduated from Reed College with a B.A. in Economics in 2008 and
is a member of Phi Beta Kappa.
Practice Areas:
• Public Law
• Post-Redevelopment
• Land Use
• Telecommunications Law
• Conflicts of Interest
• Open Meetings Law
• Public Records Act
• Americans with Disabilities Act
110897.5
References:
Rick Shumacher
Chair, Planning Commission
City of Calabasas
525 South Virgil Avenue
Los Angeles, CA 90020
213.739.8200
ricks@car.org
Mark Sikand
Member, Planning Commission
City of Calabasas
100 Civic Center Way
Calabasas, CA 91302
818.901.7451
msikand@sikand.com
Maureen Tamuri
Community Development Director
City of Calabasas
100 Civic Center Way
Calabasas, CA 91302
818.224.1701
mtamuri@cityofcalabasas.com
Ray Fernandez
Member, Planning Commission
City of La Habra Heights
1287 West Rd.
La Habra Heights CA 90631
562.618.6829
ray@skylinehomesoc.com
Zach Cowan
City Attorney
City of Berkeley
2180 Milvia Street, 4th Floor
Berkeley, CA 94704
510.981.6998
zcowan@ci.berkeley.ca.us
Recommended Action(s): Approve Response to Grand Jury Report for transmission to the Grand
Jury.
Al ternative Council Option(s): Provide alternate direction to City Staff.
Citizens advised:
Requested by: Mendocino County Grand Jury
Prepared by: Tim Eriksen, City Engineer and Director of Public Works
Coordinated with: Jane Chambers, City Manager
Attachments: 1) Grand Jury Report 2) City Engineer’s Response to the Grand Jury
ITEM NO.:
MEETING DATE:
7f
July 16, 2014
AGENDA SUMMARY REPORT
SUBJECT: APPROVAL OF RESPONSE TO GRAND JURY REPORT – CROSSWALKS
Background: On June 3, 2014, the Mayor and City Engineer each received a Grand Jury Report
Transmittal regarding a report on “Crosswalks Are You as Safe as You Think?” from the Mendocino County
Grand Jury. The report is Attachment 1.
Discussion:
The City Council’s response to the report is required by September 3, 2014. The City Engineer’s response
is required by August 2, 2014. The response has been prepared by City staff for Council consideration.
The Grand Jury report and City Engineers Response are Attachments 1 and 2.
Fiscal Impact:
Budgeted FY 14/15 New Appropriation x Not Applicable Budget Amendment Required
Attachment 2
.
Response to Grand Jury Report
Report Title: 2.1 Crosswalks
Report Date: June 2, 2014
Response by: Tim Eriksen, Director, Public Works, City of Ukiah
Ukiah City Council
Findings
I (we) agree with the findings numbered: F1 and F3.
I (we) disagree wholly or partially with the findings numbered: F2, F4, F5, F6, and F7.
Attach a statement specifying the findings or portions of the findings that are disputed, and include an
explanation of the reasons therefor.
Recommendations
Recommendations numbered R5 have been implemented.
Attach a statement describing the implement actions.
Recommendations numbered xxx have not yet been implemented, but will be implemented in the
future.
Attach a statement with the schedule for implementation(s).
Recommendations numbered xxx require further analysis.
Attach an explanation, and the scope and parameters of the analyses or studies, and a timeframe for the
matter to be prepared for discussion by the officer or head of the agency or department being investigated
or reviewed, including the governing body of the public agency when applicable. This timeframe shall not
exceed six months from the date of publication of the grand jury report.
Recommendations numbered R1, R2, R3, R4, and R7 will not be implemented because they are
not warranted or are not reasonable.
Attach an explanation.
Signature: ________________________________________________ Date: _______________
Number of pages attached: ________
Attachment 2
.
City of Ukiah, Response to Grand Jury Report
Findings explanation:
I (we) disagree wholly or partially with the findings numbered: F2. I (we) are not aware of data
to support this finding.
I (we) disagree wholly or partially with the findings numbered: F4. I (we) are not aware of data
to support this finding.
I (we) disagree wholly or partially with the findings numbered: F5. I (we) are not aware of data
to support this finding.
I (we) disagree wholly or partially with the findings numbered: F6. I (we) are only aware of data
on pedestrian traffic signal timing data in the City of Ukiah. In the City of Ukiah the signals are
timed per Caltrans standards and reviewed periodically.
I (we) disagree wholly or partially with the findings numbered: F7. I (we) are not aware of data
to support this finding.
Recommendations explanation:
Recommendation number R1 will not be implemented. Crosswalks have different looks based
on the characteristics of the street to be crossed. Some crosswalks require more attention than
others. Examples of this would be a crossed hatched crosswalk on an arterial at a T intersection
versus the standard striping at a four way stop on a residential street. The effort, time and cost,
to properly maintain crosswalks vary greatly on their pattern. So it is crucial to concentrate
efforts on crosswalks in heavy traffic areas of pedestrians, automobiles or both.
Recommendation number R2 is vague and the intention/meaning of this recommendation is
unclear so I (we) will not implement this recommendation.
Recommendation number R3 will not be implemented. As a City that has these signs located in
several locations we have encountered many issues with the signs. They are an effective tool
however are extremely costly and take a considerable amount of staff time to maintain and
replace. The argument for crosswalk maintenance is the same argument as with regard to this
recommendation.
Recommendation number R4 will not be implemented (see R3).
Recommendation number R5 has been implemented. The City of Ukiah’s maintenance
contractor checks and adjusts pedestrian signal timing upon request as a result of staff
observation and/or a citizen inquiry.
Recommendation number R7 will not be implemented. Each crosswalk requires a unique
evaluation of what is possible, effective and practical. The City of Ukiah does this by relying on
the Professional Engineers on staff, a Traffic Engineering Committee, and Professional Engineer
consultants.
Recommended Action(s): 1) Award of contract for Calvert Drive and Willow Avenue water main
replacement project, Specification no. 13-02 and approve budget amendment in the amount of
$171,347
Alternative Council Option(s): N/A
Citizens advised: N/A
Requested by: Tim Eriksen, Director of Public Works / City Engineer
Prepared by: Jarod Thiele, Public Works Project Analyst
Coordinated with: Jane Chambers, City Manager
Attachments: 1. Bid Tabulation
ITEM NO.:
MEETING DATE:
7g
July 16, 2014
AGENDA SUMMARY REPORT
SUBJECT: AWARD OF CONTRACT FOR CALVERT DRIVE AND WILLOW AVENUE
WATER MAIN REPLACEMENT PROJECT, SPECIFICATION NO. 13-02 AND
APPROVE BUDGET AMENDMENT IN THE AMOUNT OF $171,347
Background: This project will construct new water mains and gate valves for sections of Calvert Drive
and Willow Avenue, and reconnect all of the existing water service lines where the main is replaced.
This project was necessitated by the deteriorated condition of the existing water mains due to age and
due to several water main breaks over the past few months
Discussion: The City distributed plans and specifications to the builder’s exchanges and posted them
on the City’s website. A copy of the Notice to Bidders was sent to all licensed class “A” contractors on
the City’s 2014 Qualified Contractors List. Sealed bids were received and opened by the City Clerk on
July 7, 2014. A Copy of the bid tabulation is included at Attachment #1. The low bidder for this project
is Whitehawk Construction in the amount of $155,770.
When the bid is awarded, compensation for the performance of the work will be based on unit prices
bid for contract item quantities actually installed. Bid totals are based on unit prices bid f or contract
items at estimated quantities, and therefore, the actual total paid to the contractor may be lower or
higher than the bid total indicated. As with construction projects, there may be cost overruns by reason
of unforeseen work or because actual quantities installed exceed estimated quantities. Policy
Resolution No. 13, authorizes the responsible Department Head, with approval of the City Manager, to
issue change orders not to exceed 10 percent of the original contract sum or $5,000 whichever is
greater provided that no change, when added to the original contract sum, exceeds the amount
budgeted for the project. Funds will be transferred from the 820 Water Fund to the 822 Water Capital
Improvement Fund and expensed from account 82224413.80230
Fiscal Impact:
Budgeted FY 14/15 X New Appropriation Not Applicable X Budget Amendment Required
Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested
$0 Water Fund (820) 82000000.30007 $171,347
ITEM NO.QUANTITY UNIT DESCRIPTION UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL
1 1 LS Mobilization $8,331.00 $8,331.00 $2,800.00 $2,800.00 $7,500.00 $7,500.00 $4,980.00 $4,980.00 $3,500.00 $3,500.00
2 1 LS Traffic Control $1,662.00 $1,662.00 $2,260.00 $2,260.00 $20,500.00 $20,500.00 $5,600.00 $5,600.00 $3,500.00 $3,500.00
3 1240 LF Install 6" Water Main $68.50 $84,940.00 $66.00 $81,840.00 $90.00 $111,600.00 $72.00 $89,280.00 $72.00 $89,280.00
4 20 LF Install 8" Water Main $69.00 $1,380.00 $136.00 $2,720.00 $100.00 $2,000.00 $120.00 $2,400.00 $75.00 $1,500.00
5 10 EA Install 6" Gate Valve $17,000.00 $17,000.00 $1,230.00 $12,300.00 $1,500.00 $15,000.00 $900.00 $9,000.00 $2,000.00 $20,000.00
6 2 EA Install 8" Gate Valve $2,220.00 $4,440.00 $1,600.00 $3,200.00 $1,900.00 $3,800.00 $1,000.00 $2,000.00 $2,500.00 $5,000.00
7 1 EA Install New Fire Hydrant $8,900.00 $8,900.00 $5,600.00 $5,600.00 $6,000.00 $6,000.00 $4,325.00 $4,325.00 $4,650.00 $4,650.00
8 2 EA Reconnect Existing Fire Hydrant $1,441.00 $2,882.00 $1,350.00 $2,700.00 $4,500.00 $9,000.00 $1,850.00 $3,700.00 $3,500.00 $7,000.00
9 25 EA 3/4" Water Service Line $1,400.00 $35,000.00 $1,100.00 $27,500.00 $2,900.00 $72,500.00 $1,400.00 $35,000.00 $2,250.00 $56,250.00
10 1 EA Temporary Blow-off $861.00 $861.00 $300.00 $300.00 $2,000.00 $2,000.00 $400.00 $400.00 $800.00 $800.00
11 2 EA Water Main Tie-in $2,174.00 $4,348.00 $4,900.00 $9,800.00 $6,000.00 $12,000.00 $4,800.00 $9,600.00 $3,500.00 $7,000.00
12 1 LS Remove Steel Water Main $1,600.00 $1,600.00 $1,000.00 $1,000.00 $500.00 $500.00 $3,000.00 $3,000.00 $1,500.00 $1,500.00
13 1 LS Abandon Water A/C Main $1,700.00 $1,700.00 $1,000.00 $1,000.00 $3,000.00 $3,000.00 $2,000.00 $2,000.00 $1,200.00 $1,200.00
14 1 EA Install 1" Water Service Line $2,273.00 $2,273.00 $1,250.00 $1,250.00 $3,000.00 $3,000.00 $1,400.00 $1,400.00 $2,200.00 $2,200.00
15 1 EA Install 1-1/2" Water Service Line $2,500.00 $2,500.00 $1,500.00 $1,500.00 $3,300.00 $3,300.00 $1,500.00 $1,500.00 $3,000.00 $3,000.00
TOTALS =$177,817.00 $155,770.00 $271,700.00 $174,185.00 $206,380.00
PAGE 2
Wipf Construction
Ukiah, CAShingletown, CA Palo Cedro, CA Santa Rosa, CA Redwood Valley, CA
Deneau Company WhitehaWK Construction Argonaut Constructors Ferranti Construction
Fund Account No. 82224413.80230
BID OPENING: July 7, 2014
ENGINEER'S ESTIMATE: $153,170
CITY OF UKIAH
DEPARTMENT OF PUBLIC WORKS
Calvert Court and Willow Drive Water Main Replacement
Specification No. 13-02
Bid Tabulation
Prepared By: Jarod Thiele
Date and Time Printed: 7/7/2014 at 3:23 PM Filename: BidTab-Spec-13-02
Recommended Action(s):
1. Receive status report and provide direction to staff.
Alternative Council Option(s):
Citizens advised: N/A
Requested by: N/A
Prepared by: Sherrie Smith-Ferri, Museum Director, Marvin Schenck, Museum Curator
Coordinated with: Jane Chambers, City Manager, Sage Sangiacomo, Assistant City Manager
Attachments: 1. Agreement
ITEM NO.:
MEETING DATE:
12a
July 16, 2014
AGENDA SUMMARY REPORT
SUBJECT: STATUS AND CONSIDERATION OF POSSIBLE LOAN OF UKIAH POST
OFFICE WORKS PROJECTS ADMINISTRATION (WPA) MURAL TO CITY OF
UKIAH
Background: The USPS removed the large WPA mural, “Resources of the Soil,” from the historic
Downtown Ukiah Post Office building when they recently sold the building. The mural became part of the
Postal Fine Arts Collection owned by the USPS. The USPS sent the mural to Steam Studio for
conservation and restoration. Upon completion of this work, the USPS desired to have the mural on loan
to a public facility in Ukiah, so it could be placed back on public display. The USPS approached the City
of Ukiah some months ago to see if the mural could be placed on display at the Civic Center. The City
Council was interested in pursuing this possibility and directed Museum and other City staff to see if this
would be feasible.
Discussion: Since that time the mural has been restored, and an Agreement for the loan of this artwork
was drafted and sent to the City by the USPS for the City’s approval (see Attachment 1). Upon review of
the Agreement by staff, several areas of concern surfaced, which are outlined below.
Areas of Concern: Per the Agreement, the City would be required to insure the mural for $100,000 and
would be liable for any damage that occurred to the painting while in the City’s care.
1) Required accessibility vs. potential for vandalism: According to the Agreement, the City would be
required to exhibit the mural to the public during normal business hours. Originally, City staff envisioned
that the mural would be hung on the north wall of the lobby area behind a sheet of plexi-glass held in a
wooden frame, thus keeping it safe from vandalism in an unsupervised area while still being available to
the public for viewing. When this plan was discussed with the USPS, they did not want to allow the use of
plexi-glass over the mural, due to concerns about possible humidity buildup behind the plexi-glass.
Therefore, to lessen the liability risk posed by not having the plexi-glass cover, staff advises moving the
mural to a less accessible, but more secure area. The only space in the Civic Center that is both large
enough and meets these conditions is the back wall behind the Council dais, between the two doors
leading into the Council’s conference room. This location, however, would greatly lessen the public
availability of the mural and would require the installation of a railing across the painting to prevent
anyone who is sitting in the Council chairs from backing into the mural and damaging it.
2) Lack of an alarm system and security monitoring: The Agreement requires a level of security
“consistent with Ukiah’s safekeeping of its own similar property” to guard against “theft, mishandling
(vandalism, etc.).” This level of security strongly dictates the installation of a monitored security alarm
system in the Civic Center lobby and Council chambers, such as protect the collections of the Grace
Hudson Museum & Sun House.
3) Lack of adequate climate control: The Agreement requires a level of “…precautions to protect the
Mural from … extremes of temperature and humidity … consistent with Ukiah’s safekeeping of its own
similar property.” At a minimum, this level of climate control would dictate that the temperature in the
Council Chambers remain at a constant 72 degrees 24 hours a day, conditions required to ensure that
paintings do not expand and contract due to constantly fluctuating temperatures, causing damage to the
painting.
4) Costs of installing, taking down, packing and transporting the mural: The Agreement specifies
that the City would be responsible for the costs associated with having professional art handlers install
the mural, take it down, pack and transport it to its next location at the end of the loan. Grace Hudson
Museum staff will help with these tasks, but due to the size of the mural, they will require the assistance
of at least one other experienced art handler to undertake these tasks. A conservative estimate for these
costs is $5,000. In addition, due to the size of the painting, it will be expensive to have it moved, (as the
Agreement requires) by a fine art shipper to its next location (an estimated $2,000 to $10,000) depending
on the whereabouts of that location.
To address some, or all of these concerns would take an undetermined, but potentially substantial
amount of funding if the City enters into the Agreement as it is currently written. Therefore, staff is
recommending that the City not sign the proposed two-year loan agreement. Given the list of concerns
raised, staff is asking for direction by the City Council as to whether the Council would like to forgo the
loan of the WPA mural altogether or if they would like to direct staff to negotiate with the USPS to change
some of these conditions, and decide what changed conditions would be acceptable to the City and the
amount of funding the Council would be willing to commit for this purpose.
Fiscal Impact:
Budgeted FY 14/15 X New Appropriation Not Applicable X Budget Amendment Required
Amount Budgeted Source of Funds (title and #) Account Number Addtl. Appropriation Requested
To be determined
Attachment 1
AGREEMENT REGARDING ARTWORK FROM THE
POSTAL FINE ARTS COLLECTION
BETWEEN THE UNITED STATES POSTAL SERVICE,
STEAM STUDIO, LLC AND THE CITY OF UKIAH
THIS AGREEMENT (“Agreement”) is entered into this ___________ day of
_____________, 2014 (the “Effective Date”) by and between the United States Postal Service
(“USPS”), Steam Studio, LLC and the City of Ukiah (Ukiah).
RECITALS
WHEREAS: the U.S. Treasury Department’s Section of Fine Arts and Sculpture commissioned
Benjamin Cunningham to paint an oil on canvas mural entitled “Resources of the Soil” (“Mural”),
which Mural was installed at the former Ukiah Post Office, located at 224 North Oak Street, Ukiah
California 95482, (the “Building”) in January 1939 and is part of the Postal Fine Arts Collection
owned by the USPS.
WHEREAS: The Mural is currently on loan from USPS to Steam Studio, LLC (“Steam Studio”)
under a separate MLA, dated _________________ (the “Steam Studio MLA”). Steam Studio is
executing this Agreement to evidence: (1) Steam Studio’s consent to allowing the Mural to be
temporarily exhibited at Ukiah City Hall; and (2) Steam Studio’s understanding that Steam Studio
continues to be obligated under the Steam Studio MLA notwithstanding the display of the Mural
temporarily at Ukiah City Hall. Ukiah is now entering into this Agreement with USPS, separate
and distinct from the Steam Studio MLA, but with the consent and agreement of Steam Studio to
the terms hereof.
NOW, THEREFORE, in consideration of the mutual promises and agreements contained in
this Agreement, the receipt and sufficiency of which is hereby acknowledged, the parties agree as
follows:
1. USPS agrees to permit the temporary display of the Mural by Ukiah and to allow the
Mural to leave the care and custody of Steam Studio for the purpose of exhibiting the
Mural for a period beginning approximately _______, 2014 through approximately
________, 2016 (“Temporary Custody Period”) at Ukiah City Hall. The Mural is
anticipated to be delivered to City Hall and installed on approximately __________,
2014 at USPS’s expense, at no risk or expense to neither Steam Studio nor Ukiah.
The Mural will be returned to Steam Studio by Ukiah’s authorized agent, approved in
advance by USPS’s Federal Preservation Officer, approval not to be unreasonably
withheld, within two weeks of the de-installation at the expense of Ukiah. Ukiah shall
only be responsible for the conditions outlined in this Agreement during the Temporary
Custody Period and shall have no liability or responsibility in connection with the
Steam Studio MLA. Steam Studio shall remain responsible for the Mural during the
Temporary Custody Period, subject, however, to the terms and conditions of this
Agreement. The Mural will at all times remain the sole and exclusive property of the
USPS, and this Agreement will be subject to the terms and conditions set forth below
and in the Steam Studio MLA. Ukiah agrees to provide Steam Studio, USPS and its
duly authorized representatives and agents with unlimited access to the Mural during
normal business hours for the purposes of inspection; appraisal, high-resolution, flash
or professional grade reproduction; inventory, removal, as hereinafter provided, and
other purposes consistent with the foregoing.
2. Ukiah will furnish and affix on the wall in close proximity to the Mural (within 24 inches
from the mural) a plaque stating that the Mural is on loan from the USPS, along with
providing the title of the Mural, artist's name, and date of commissioning approved in
advance by USPS’s Federal Preservation Officer, approval not to be unreasonably
withheld. Ukiah shall credit the USPS on this wall label, in any publicity, or any
Attachment 1
publication as follows: “Resources of the Soil” oil on canvas by Benjamin
Cunningham . On Loan and Displayed with Permission from the United States Postal
Service®. All Rights Reserved.”
3. USPS grants Ukiah the right, at its own expense to take high resolution images of the
Mural for non-commercial publicity, educational and archival uses provided that USPS
is credited with ownership of the Mural as outlined above. Ukiah may, at its discretion,
allow the visiting public to take impromptu, low resolution photographs of the Mural for
personal usage, but shall not allow the visiting public to take high-resolution, flash or
professional grade photography of the Mural for any reason whatsoever. Any request
to do so must be made directly to the United States Postal Service by any third party
and all permission to take high-resolution photos must be given to third parties by
USPS in writing.
4. Ukiah shall insure the Mural at Ukiah’s expense during the Temporary Custody Period
and in return transit to Steam Studio. USPS shall be named as an additional insured
and loss payee under Ukiah’s fine arts insurance policy(ies). The Mural shall be
insured initially for $100,000, under an “all risk”, policy(ies) subject to only the
following standard exclusions: wear and tear, gradual deterioration, or inherent vice;
terrorism; nuclear risks; biological, chemical, and cyber-attack; war risks; and
government action, including seizure or destruction under quarantine or customs
regulations, confiscation by order of any government or public authority, or risks of
contraband or illegal transportation or trade. If Ukiah fails to secure and maintain the
insurance required by this paragraph 4, Ukiah will, nevertheless, be required to
respond financially in case of loss or damage as if said insurance were in effect. Any
inaction by USPS regarding evidence of coverage shall not be deemed a waiver.
Nothing stated herein is intended to release or waive any insurance requirements of
the Steam Studio MLA. Ukiah’s insurance coverage on the Mural shall be primary,
shall not contribute toward any insurance coverage carried or required of Steam
Studio to meet any obligation Steam Studio may have to the USPS under the Steam
Studio MLA.
5. Ukiah will provide normal maintenance and precautions to protect the Mural from fire,
theft, mishandling, extremes of light, temperature, and humidity, dirt, insects, and
vermin and other environmental hazards, while the Mural is in Ukiah’s care and
custody, consistent with Ukiah’s safekeeping of its own similar property. The Mural
must be handled only by experienced personnel, and be secured from damage and
theft by appropriate brackets, railings, display cases, or other responsible means as
are determined appropriate by Ukiah. Once the Mural is delivered to Ukiah by
authorized agents of USPS, an incoming condition report will be made by USPS and
after that, Ukiah shall inspect the Mural weekly. Ukiah agrees to provide the USPS
Federal Preservation Officer (FPO) and Steam Studio with a condition report at the
time of repacking summarizing the current condition, any change in condition as noted
in the inspections, as well as any treatment recommendations. These reports are
solely for USPS’s information and in connection with any claims that might arise
during the term of this Agreement. Steam Studio and/or USPS agree to notify Ukiah
within thirty (30) days after receipt of any condition report of a discrepancy between
the condition of the Mural as noted in such condition report and the condition of the
Mural as noted upon the USPS’s condition report provided to Ukiah pursuant to this
Paragraph 5. If the Mural should be damaged, Ukiah shall be responsible for
restoration of the Mural at its sole cost and expense while the Mural is in the Ukiah’s
care and custody, subject to the conditions of and process dictated by Ukiah’s fine arts
insurance policy(ies). The Mural will be restored in the manner provided in Section 6
below. Nothing stated herein is intended to relieve Steam Studio of its obligations
under the Steam Studio MLA.
Attachment 1
6. If the Mural is damaged or deteriorates while in Ukiah’s care and custody, Ukiah shall
notify USPS and Steam Studio immediately, and shall have any repair or restoration
performed at its expense, subject to the conditions of and process dictated by the
Ukiah’s fine arts insurance policy(ies). All repair and restoration work shall be
performed by a qualified conservator who has been approved in advance by the
USPS FPO, such approval not to be unreasonably withheld and all repair work shall
be completed promptly and with due diligence and prior to returning the Mural to
Steam Studio. Ukiah shall send the notice of proposal to restore to the FPO for review
and approval and after completion of any such restoration the Ukiah shall forward the
completion report to the FPO. If Ukiah fails to complete the maintenance, repair or
restoration work within the time specified in the notice, the USPS shall have the right
to (1) perform the work at Ukiah’s sole expense and seek reimbursement from Ukiah,
subject to the conditions of and process dictated by the Ukiah’s fine arts insurance
policy(ies) or (2) to cause Steam Studio to perform the work at Ukiah’s sole expense
and seek reimbursement from Ukiah, subject to the conditions of and process dictated
by the Ukiah’s fine arts insurance policy(ies). Ukiah will pay USPS or Steam Studio,
as applicable the costs of the work performed within thirty days’ of receipt of an
invoice for the work.
7. USPS reserves any and all rights that it may hold to the Mural and any and all images
of the Mural (Mural Images), including but not limited to all copyrights and other
intellectual property rights, and grants permission to Ukiah to use the Mural Images for
any use that does not generate income or promote the generation of income. Such
uses do not include uses on Ukiah city reports, brochures, newsletters, business cards
or other such items. On any use, Ukiah must acknowledge USPS as the owner of all
rights to the Mural and Mural Images.
8. Items bearing the Mural Images cannot be resold for any reason without a written
license agreement between USPS and Ukiah. Ukiah must obtain a license agreement
from USPS and pay royalties to USPS to use a Mural Image on any item for resale,
including, but not limited to, Mural images, used in whole or in part, on or in postcards,
posters, fine art prints, books, periodicals, greeting cards, stationary, clothing or
merchandising items such as mugs and magnets. USPS has a standard license
agreement for such purposes. Ukiah must notify the following USPS representative
by U.S. Mail®, Certified Mail® and postage prepaid, to apply for a license:
Manager, Channel Marketing & Licensing
475 L’Enfant Plaza, SW
Room 6912
Washington, DC 20260
With a copy to:
Integration and Planning Rights and Permissions
United States Postal Service
475 L’Enfant Plz SW RM 3300
Washington DC 20260-3300
Email: permissions@usps.gov
Fax: 202-268-8861
This notification requirement is in addition to the notifications requirement in
Paragraph 13 of this Agreement.
9. Failure to obtain a license agreement from USPS prior to any resale of items bearing a
Mural Image constitutes a breach of this Agreement. Upon such breach, a reasonable
royalty based on Ukiah’s resale of such unauthorized items bearing a Mural Image
Attachment 1
shall become immediately due and payable. USPS and its duly authorized
representatives shall have the right at all reasonable business hours to examine the
books and records of Ukiah pertaining to the resale of unauthorized items bearing a
Mural Image.
10. The Mural must be exhibited during the Temporary Custody Period outlined in
paragraph 1, except for periods required for protection or maintenance of the Mural;
provided, however, that if the Mural is taken off exhibit for maintenance or restoration,
Ukiah shall immediately notify the USPS FPO in writing via Express Mail® Service.
Ukiah agrees to provide public access to the Mural during Ukiah’s normal public
business hours. In the event a security or safety risk exists at the location where the
Mural is installed, Ukiah may temporarily suspend such public access.
11. This Agreement shall be construed in accordance with federal law; and, if there is no
relevant federal law, in accordance with the law of the State of California.
12. (a) This Agreement shall terminate at the end of the Temporary Custody Period in
accordance with paragraph 1 unless earlier terminated as provided in this paragraph
12.
(b) Notwithstanding anything to the contrary provided herein, USPS may
immediately terminate this Agreement, in USPS’s sole and absolute discretion, if
thirty (30) days have passed after USPS has provided written notice to Ukiah that
Ukiah has failed to meet any of its obligations hereunder and has failed to initiate and
complete corrective action as required under the terms of the Agreement. In the
event of such termination, USPS reserves the right to seek all rights and remedies
available in law and equity, subject to the conditions of and process dictated by the
Ukiah’s fine arts insurance policy(ies).
(c) Upon termination, Ukiah will be responsible for packing and transporting the
Mural by qualified and insured handlers to Steam Studio or its authorized
representative. If termination occurs by expiration of the specified term of this
Agreement, or any extensions thereof, the costs of such packing and transportation
shall be borne by Ukiah. If termination occurs due to Ukiah’s breach of any of its
obligations under the Agreement, the costs of such packing and transportation shall
be borne by Ukiah. In all events, the Ukiah shall reimburse Steam Studio for the cost
of any repair or restoration work required upon delivery of the Mural to Steam Studio;
provided that the Ukiah will not be responsible for the cost of repair or restoration
work unless Steam Studio notifies Ukiah of the need for such work within thirty (30)
days of delivery.
13. All notices must be in writing and are effective only when deposited in the U.S. Mail®,
Certified Mail® and postage prepaid, or when sent via overnight delivery as follows:
If to USPS: Federal Preservation Officer – USPS
475 L’Enfant Plaza SW, Room 6631
Washington, D.C. 20260-1862
If to Ukiah: name
address
If to Steam Studio: name
address
Attachment 1
15 This Agreement shall constitute the final, complete, and exclusive written expression
of the intentions of the parties hereto with respect to the Temporary Custody Period
arrangements. This Agreement shall supersede all previous communications,
representations, agreements, promises, or statements either oral or written by or
between either parties. This Agreement may be amended only in writing signed by
each party. In the event of any conflict between this Agreement and any forms of
Ukiah, the terms of this Agreement shall be controlling.
16. Each party declares that it has the authority to enter into this Agreement and that the
signatory hereto has been given the requisite authority to sign. This Agreement may
be signed in counterparts, each of which shall be deemed to be an original.
This Agreement takes effect upon the date that representatives of all parties have signed,
which date shall be inserted in the introductory paragraph of this Agreement as the “Effective
Date.”
FOR THE CITY OF UKIAH
By: ______________________________ _________________________
(name) Date
(authority)
FOR THE UNITED STATES POSTAL SERVICE, FACILITIES HEADQUARTERS
By: ______________________________ __________________________
Daniel B. Delahaye Date
USPS Federal Preservation Officer
FOR STEAM STUDIO, LLC
By: __________________________ ________________________________
(name) Date:
(authority)
Continued on Page 2
Recommended Action(s): Authorize submittal of proposal for Ukiah to be considered a host city for a
starting leg of the 2015 Amgen Tour of California.
Alternative Council Option(s): Provide alternative direction.
Citizens advised: N/A
Requested by: AEG Sports, Amgen Tour of California Event Coordinators
Prepared by: Sage Sangiacomo, Assistant City Manager and Shannon Riley, Project and Grant
Administrator
Coordinated with: Jane Chambers, City Manager
Attachments: N/A
ITEM NO.:
MEETING DATE:
13a
July 16, 2014
AGENDA SUMMARY REPORT
SUBJECT: DISCUSSION AND POSSIBLE APPROVAL TO RESPOND TO REQUEST FOR
PROPOSAL FROM AMGEN TOUR OF CALIFORNIA FOR CITY OF UKIAH TO
HOST ONE STARTING LEG OF 2015 RACE EVENT
Background: For the second consecutive year, the City of Ukiah has been invited to host one of the
starting legs of the Amgen Tour of California cycling event. While Ukiah was not selected last year,
event organizers have remained interested in Ukiah, inviting staff to attend the 2014 race and resubmit
for next year.
The race covers about 850 miles in eight days, spanning the state of California in roughly 100-mile stints
between May 10-17. 2015 will mark the 10th edition of the Tour of California, which has emerged as
America’s premier professional cycling stage race as well as one of professional cycling’s most
important and prestigious annual competitions. The 2014 race was seen in person by millions of fans
along the course, while an excess of 4.26 billion consumer impressions were made worldwide through
online, print, radio and television coverage. This world-class event has demonstrated that it is an
effective means of increasing tourism and economic development throughout the State of California, as
well as educating Californians and enthusiasts worldwide about maintaining a healthy lifestyle.
Discussion: With Council approval, City staff assembled and submitted a proposal for the Tour of
California last year. There was tremendous support from the community, not just from the bicyclists but
also from service clubs, Visit Mendocino, Visit Ukiah, and members of the lodging community. Staff
believes much of this excitement would translate into volunteer efforts and financial support for the
event.
Proposals are due on July 28th. If Council authorizes Staff to submit a proposal and if Ukiah is selected
as a host city, there would be a significant amount of work to do between September, when the award
letters are sent out, and May, when the race is held. A committee of local volunteers would be
assembled, but City Staff would be responsible for some of the coordination efforts as well as typical
event-related activities—road closures, permitting, traffic control, event preparation and more.
Like many smaller, rural communities, the Ukiah Police Department has limited police resources. The
City is currently contracting for Fire and emergency medical response services with the Ukiah Valley
Fire District, and the contract provides for the City to pay for any additional services such as may be
needed for the ride. Before the City of Ukiah can commit to a race phase, it will need to identify and
negotiate for overtime support and costs with a number of surrounding agencies, including pre-planning
support, and both the police department and Fire District will require a source of revenue from the event
to cover the costs of engaging outside agency personnel. Staff anticipates that it is possible to secure
these commitments as part of the negotiations phase, when the route is known and we can reach out to
possible sponsors and other regional agencies with known dates and times.
The plan would be to recover 100% of the hard costs in the form of local sponsorships. Soft costs—staff
time—are more difficult to quantify. Staff would work to recover those costs from sponsors and to
mitigate the impact through the use of flex days where possible.
The real benefit from this endeavor is the economic boost it potentially provides to the community, not
just during race days, but also in the months and years following the event as a result of the media
exposure that Ukiah would receive. The event attracts more than 2 million spectators annually and is
broadcast in more than 200 countries worldwide. In addition to the spectators, an entourage of over
1,000 people travels with the event. This is an opportunity to showcase the beauty of the Ukiah valley
and “put our community on the map.”
Completing the proposal involves minimal staff time, as last year’s proposal contains the vast majority of
the information required. Submitting the proposal does not commit our involvement; rather, if Ukiah is
selected, it starts the negotiation process. Therefore, it is recommended that Staff proceed with
submitting a proposal for the 2015 Amgen Tour of California. For reference, last year’s proposal can be
viewed at https://cityofukiah.box.com/2014atocukiah.
Fiscal Impact: TBD through the negotiation process with Tour Organizers; likely would include In-kind
staff time along with event costs supported by sponsorships.
Recommended Action(s): Introduce by title only an Ordinance adding Chapter 10 to Division 5 of the
Ukiah City Code Entitled "Disposable Food Ware."
Alternative Council Option(s): Introduce by title only the Ordinance as amended, or do not
introduce the Ordinance.
Citizens advised:
Requested by: Vice Mayor Landis
Prepared by: Vice Mayor Landis
Coordinated with: Jane Chambers, City Manager and David Rapport, City Attorney
Attachments: 1. Draft Ordinance; 2. Letter from Mike Sweeney, Mendocino Solid Waste
Management Authority; 3. Article – Problem with Polystyrene; 4. Article - Report
Discussion: Disposable food and beverage packaging made from polystyrene foam is not
biodegradable and is not readily recyclable or returnable. Because its use is associated with the sale of
food prepared for immediate consumption, it frequently becomes litter which creates visual blight and
often enters waterways where it harms living species. An increasing number of large and small takeout
food vendors have voluntarily stopped using polystyrene foam take out containers in favor of alternative
products that are less damaging to the environment. Approval of this ordinance will reduce visual blight
and environmental harm from litter in the City of Ukiah and Mendocino County.
Mendocino Solid Waste Management Authority’s General Manager Mike Sweeney has been assisting
all the incorporated cities in Mendocino County as well as the County of Mendocino in establishing a
uniformly worded county-wide ban on polystyrene food ware. At their July 8 meeting, the Mendocino
Board of Supervisors, with a vote of 3-1 (with Brown absent), approved a similarly worded ordinance
prohibiting the use of polystyrene food ware, with the expectation that final adoption of the ordinance will
be secured on July 22nd. The language in the City’s ordinance is taken from the County’s ordinance. Ft
Bragg, Willits and Pt Arena will all be discussing similarly worded ordinances in the coming weeks. The
anticipated uniform implementation date is March 1, 2015.
During the introductory time preceding implementation and as the ordinance is being established,
General Manager Sweeney has agreed to identify and notify all affected food service businesses of the
new food ware ordinance’s requirements. Compliance enforcement has been confirmed by Mendocino
County’s Environmental Health office. This County operated office expects that an inspection of food
ware can be easily accomplished in conjunction with their food safety inspections at restaurants, which
reach into all the jurisdictions.
Fiscal Impact:
Budgeted FY 14/15 New Appropriation X Not Applicable Budget Amendment Required
Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested
ITEM NO.:
MEETING DATE:
13b
July 16, 2014
AGENDA SUMMARY REPORT
SUBJECT: INTRODUCTION BY TITLE ONLY OF AN ORDINANCE ADDING CHAPTER 10 TO
DIVISION 5 OF THE UKIAH CITY CODE ENTITLED "DISPOSABLE FOOD WARE"
Attachment 1
1
ORDINANCE NO. _______
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING CHAPTER 10 TO
DIVISION 5 OF THE UKIAH CITY CODE ENTITLED "DISPOSABLE FOOD WARE"
The City Council ordains as follows:
Section 1. Legislative Findings. The City Council hereby finds as follows:
A. While disposable food ware regulation is a matter of statewide interest and concern that
is best applied uniformly throughout the state, in the absence of statewide regulation, it
is in the best interests of the City and its residents for the City to regulate disposable
food ware as described herein.
B. The regulation of disposable food ware as proposed herein promotes the general health
and welfare of the public by reducing the amount of waste, litter and marine pollution that
are attributable to disposable food ware.
C. The proposed Ordinance is categorically exempt under the California Environmental
Quality Act as an activity in protection of the natural resources (Section 21083, Public
Resources Code; Reference: Section 21084, Public Resources Code).
Section 2. Chapter 10 of Division 5 of the Ukiah CityuyCode is added to read as follows:
"DISPOSABLE FOOD WARE
Section 4600 Definitions.
As used herein, the following definitions shall apply:
“Biodegradable” means that a material or substance has the ability to decompose into
natural biological elements within a reasonable time as a result of bacterial action.
“City” means all that territory within the city limits of the City of Ukiah..
“City Facilities” means any building, structure, or vehicles owned or operated by the City,
its agent, agencies, departments and franchisees.
“City Facility Food Provider” means any entity that provides Prepared Food in City
facilities.
“City Contractors and Lessees” means any person or entity that has a contract with the
City for public works or improvements to be performed, for a franchise, concession or
lease of property, for grant monies or goods and services or supplies to be purchased at
the expense of the City or to be paid out of monies deposited in the Treasury or out of
trust monies under the control or collected by the City.
Attachment 1
2
“Disposable Food Service Ware” or “Takeout Food Ware” includes all containers, bowls,
plates, trays, cartons, cups, lids, straws, stirrers, forks, spoons, knives, napkins, and
other items designed for one-time use for prepared foods, including without limitation,
service ware for food that may be removed from the premises for consumption elsewhere.
The term “Disposable Food Service Ware” does not include items composed entirely of
aluminum or glass, California Redemption Beverage Containers, or polystyrene foam
coolers and ice chests that are intended for reuse.
“Food Provider” means any business, organization, entity, group or individual, including
Retail Food Establishments, located in the City that offers food or beverage to the public.
“Polystyrene Foam” means blown polystyrene and expanded and extruded foams which
are thermoplastic, petrochemical materials utilizing a styrene monomer and processed
by any number of techniques including, but not limited to, fusion of polymer
spheres(expandable bead polystyrene), injection molding, foam molding, and extrusion-
blown molding. Polystyrene foam is generally used to make cups, bowls, plates, trays,
clamshell containers, meat trays, and egg cartons.
“Prepared Food” means food or beverages, which are served, packaged, cooked,
chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared on the Food
Provider’s premises or within the City for individual customers. For purposes of this
Ordinance, Prepared Food includes takeout food but does not include packaged raw,
butchered meats, fish, and/or poultry sold from a butcher case or similar retail appliance.
Prepared Food may be eaten either on or off the premises.
“Retail Food Establishment” means any sales outlets, stores, shops, vehicles, or other
places of business located within the City which operates primarily to sell or convey
foods or beverages directly to the ultimate consumer. Retail food establishment shall
include, but is not limited to, any place where food is prepared, mixed, cooked, based,
smoked, preserved, bottled, packaged, handled, stored, manufactured and sold or
offered for sale, including any fixed or mobile restaurant, drive-in, coffee shop, cafeteria,
delicatessen, sandwich shop, hotel, motel, movie house, theatre, bed and breakfast inn,
tavern, bar, cocktail lounge, nightclub, roadside stand, takeout prepared food place,
industrial feeding establishment, catering kitchen, commissary, grocery store, public food
market, produce stand, food stand or similar place in which food or drink is prepared for
sale or for service; and any organization or individual which provides food or beverage
as part of its service or in conjunction with a special event it sponsors.
Section 4601 Prohibited Disposable Food Service Ware.
(A) Retail Food Establishments and Food Providers may not sell, hand out, give
away, distribute, or otherwise make available for public or customer use
Prepared Food in Disposable Food Service Ware that contains Polystyrene
Foam.
(B) City Facility Food Providers may not provide Prepared Foods in Disposable Food
Service Ware that contains Polystyrene Foam.
(C) City Departments may not purchase, acquire, or use Disposable Food Service
Ware that contains Polystyrene Foam.
Attachment 1
3
(D) City Contractors and Lessees may not use Disposable Food Service Ware that
contains Polystyrene Foam in City facilities and while performing under a City
contract or lease.
Section 4602 Non-food Packaging Material.
It is the policy of the City to promote and encourage, on a voluntary basis, the use of
alternatives to Polystyrene Foam in non-food applications such as cushioning in shipping
boxes or packages.
Section 4603 Biodegradable Disposable Food Service Ware.
It is the policy of the City to promote and encourage, on a voluntary basis, the use of
biodegradable Disposable Food Service Ware by Retail Food Establishments in order to
lessen the environmental harm of Disposable Food Service Ware that becomes litter.
Section 4604 Enforcement and Penalties.
(A) The Mendocino County Environmental Health Director or designee shall have
primary responsibility for enforcement and shall have the authority to issue
citations for violations of this Chapter. The Director, or his/her designee, shall
issue a written warning for the first violation, and shall levy a fine not exceeding
$100.00 for the second violation within one year of the first warning, and shall
levy a fine not exceeding $500.00 for each subsequent violation.
(B) Any “Food Provider” as defined herein, violating or failing to comply with the
requirements of this Chapter shall be guilty of an infraction. If charged as an
infraction, upon conviction thereof, said individual or entity shall be punished for
the first offense by a fine of not more than $100.00 for a first violation; not more
than $500.00 for each subsequent violation in the first year.
(C) The City Attorney may seek legal, injunctive, or any other relief to enforce this
Chapter.
(D) The Mendocino County Environmental Health Director or designee may inspect
any Retail Food Establishment premises to verify compliance with this Ordinance.
Section 4605 . Hardship Waiver
Any person may seek a waiver from the requirements of Section 4601 of this Chapter by
filing a request on a form specified by the Mendocino County Environmental Health
Director, or his/her designee. The Director, or designee, may waive any specific
requirement of Section 9.42.020 of this Chapter for a period of up to one year if the
person seeking the waiver has demonstrated that strict application of the specific
requirement would create an undue hardship or practical difficulty not generally
applicable to other persons in similar circumstances. The Environmental Health
Director's (or designee’s) decision to grant or deny a waiver shall be in writing and shall
be final.
Attachment 1
4
Section 4606 Effective Date.
This Ordinance shall go into full force and effect March 1, 2015.
Section 4607 Severability.
If any section, subsection, sentence, clause, or phrase of this Chapter is for any reason
held to be invalid or unconstitutional by a decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of the Chapter."
Introduced by title only on July 16, 2014, by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent
Adopted on _________, 2014, by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
____________________
Philip E. Baldwin, Mayor
ATTEST:
______________________
Kristine Lawler, City Clerk
Mendocino Solid Waste
Management Authority
A joint or,wers public agerrcy
Michael E. Sweeney
General lv{anager
3200 Taylor Drive
llkiatr, CA 95482
(707) 468-e710
sweeney@pacific.net
June 20,2A14
Dear Restaurant Manager:
The Clty of Fort Bragg is considering an ordinance on disposable food ware. The
proposed ordinance would prohibit the use of expanded polystyrene foam
("St5nofoam") in takeout packaging such as clamshells and cups.
The purpose of the ordinance would be to lessen the environmental harm caused when
polystyrene foam items become liffer, breaking into smaller and smaller pieces that
persist in the ecosystem and affect wildlife.
More than 80 California cities and counties have already adopted such ordinances.
Instead of polystyrene foanL a variety of biodegradable food ware items are widely
available, made of materials like paper and bagasse.
The Public Works Committee of the Fort Bragg City Council will hold a meeting to
discuss the proposed ordinance on Thusday, July 17, 2014 at 9:30 a.m. at Town Hall,
363 N. Main Streeq Fort Bragg. You are invited to attend and ask questions or make
comments.
Enclosed are some items you may find interesting.
Mike Sweeney
General Manager
enclosed:
1. A price list for non-polystyrene foam alternative items
2. City of San Jose flier on polystyrene ban
3. City of Santa Monica fact sheet on polystgene ban
4. Proposed Fort Bragg ordinance
zo
f
I
T1o
OJ
3
.+o
fo)t
(D
v,
'o
_1.
9.
fgq
o,att
o+t
5
s
N)o
P
F
wo€IoI6)o tr,o€T{oI6)o (po€I-{oI6)o @o{T{oI6)o @o€I{oI6)o @o{I-{oI6)o @o€I{oI6)o @o€I{oIoo q,o€I-{oI6)o @o€I-{oI6)o gto€I-{oI6)o @o€I-{oI6)o @oE-I{oI6)o @o€I{oI6)o q,o€I{oI6)o (po=--r{oI6)o (po€I{oI6)o G'o€I+oI6)o @o=_I-{oI6)o G'oE-I{oI6)o @o1I+oI6)o @o€I{oI6)o @os.IoI6)o @o=-I{oI6)o (Ito€I-{oI6)o @o€j{oI6)o @o€I{oI6)o G'o€T+oI6)o EPo€-{oI6}o Eo€-{oI6)o @o€{oI6)o @o=_I-{oIoo @o{@o€@o€@o€@o€@o€@o1Poo.gtl{EoPOrtsClltsCf)Po)ts(ll tscn F(I)tsol Pcn tsOl Pt\)PNJ HN PN)P'\J PN)FN)Ft\,tsN)HN)tsN)FN)@ @ e @ @ m @ @ ('l or PN tsN)PN)PN tsl-ul @ atrCN F'o
o
N
o
N
o
N
o
N
o
N
o
N
o
N
o
N
o o o o
N
o
N
o o o
N
o
N
o
N
o
N
o
N
o
N
o
N
o
N
o
N
o
N
o o
N
o
N
o
N
o
N
o
N
o
N
o
N
o
N
o
N
o
N
o
N
o
N R5
1t,
I
@
{t}
I
P
P
{.r}
I
P
t-rl
{.r}
It\)
<tr
I
P
1J\
I
N)o
vL
9u)
5
1t\
I
@
lJl
I
lV
P
|t\
Its
@
lt\
o
b
@
1A
I
ts
5
{t\
9
Nu)
{/}
I
N
ul
1t\
o
ts
lJl
.ut
o
b
@
vl
I
F
@
It}
I
P
ol
lrr
I
H
rJl
P
H
Ol
1J\
o
b
@
{,t}
I
P
lJl
(t\
I
Po
lt'.
I
N)
P
1t'
o
i.,5
v!
I
Fts
(t\
o
i.Jul
1tj
P
C'l
vu
I
P
N
rt>
P
P
N
{J}
o
bvr
{.|.l
o
b(Jr
{t\
Po(o
ra
I
P
N
1t\
o
b
Ol
{./l
o
b
lt\
PoCrr
{J}
o
b(o
@c
t*
P3
88
(Jl
oo
gr
oo
(.tl
oo
N
(Jl
o
LNoo
q)
oo
N)(.tlo
('l
oo
lJloo
(.tl
oo
(.rr
oo
(,
oo
NJ
(/l
o
N)
(/l
o
(.tl
oo
(/l
oo
(J',
oo
(/l
oo
Pooo
lJloo
ul
Oo
(/l
oo
Poo<)
t\,(tl
o
N)(tl
o
tsooo
(.tl
oo
tsooo
Pc)oo
tsooo
Pooo
tsooo
Pooo
(tl
oo
Fooo
Pooo
Pooo
ooo
c=
5 ttr
oo
{.r}
(o
P
ttt
N
ta
tJr
5
b5
{ra
P
O)
(t\
Olcn\
5
1,t\
@ctr
i)(o
tt\
(,(o
i.Jo
{./l
m
I
P
q)
In
@
rol
bt
r,tt
Fo
!^,oo
1t}
@
@
tu{
ltr
5
I
P
(O
tt>
O!
90cn(o
1t\
(.tl
bo
@
1t\
Ot
P
io
@
ltr.
I(o
o
1t\
5
N)
s(c'
{t}
ul
f.u)
ts
1t\
@
ts
bt
'uL
P
N
b
@
It\
@
1-
lc'(o
1,rl'
F
P
bt
tr\
I(o
(tl
It\
rc)
b{
1t>
l.tl
9r
g)
@
{tr
(tl
:o
N
5
tr>
P
P
N
t.rto
1t\
ts
N
lrl
Ol
ltr
ts
ctrt4t
bo
(,r1
F
P
I
(JJ
5
{.r}
Fts
!'lts(tl
{.t}
tJl
F^)(r,
cn
{r}
5
F
5
{r}
@yt
P(o
tJ\
Olo
ioro
{/'}
rjl(o
io(o
1t\.
Ol
lrl
t\)
1t,
Ol
P
bo
lJl
{/}
(o
Pcn(o
{.rF
!
ur 6':.o
(o
g
o
3q,
atr
lrroq,
o-o,E.=
trlv,
a+o
o
i,o
3
€o.l
CL
oo
f.+=.o
bt
€o.l
o-(')
o
f.+
1
r)
b-
tEl
€o,v,
Ito-v,.+-o
3
alo
3
'Tl
oo
CLVto
3.
ato{q,
.l
o
Jocvro
ho
3
'Tl
o
oo_
oo)ct
F
OJ
E.
f
tEl€o
a(I)
5oct,(D
ilo
3
'Tl
ooo
oo,(^)
Fo
E.:t
trl€o
ao=o
cVr
{D
oo
3
'Tl
ooo-o
OJr)
Fo)
E.
f
,rl€o
o
octn
fD
a)o
3
(I,
6'
3o)tivroo,
at
T
o
Iq
:t
IIlv,
o
a(D
i-,o
3
@
6'oonl
o
CLo,cr
(D(n
Fto-
(D()o
3
€o
o-oo
5
a
r)
b
FI
€o-
o
alo:t
a-t-.
t-)
b
am
€
o,v,an(D
tt.|o
3
ho
3
€o,v,v,o
ITN
.+
d
3
cto
3
'Tl
oooVr(D
3.
alo€q,
-t
o=o
cvr(D
ho
3
'Tt
oo
CLvl(D
3.oo€o.|
(D
5ocv,
IDrl
o
3
'Tt
oo
o-oo,at
Fo,
E.
:frl€o
ao
o
cVr(D
i,o
3
'Tl
ooo-
E
o,
o
'Fo)
E.
f,m€o,
d=ocIt(D
ho
3
@6'
3
o)v,vr
t,
o,()ro,
E.
J
FIlt,.+o
ao
?)o
3
ql
o
3
o.l
ttr
t/,
c,o,o
F
OJ
E.
f,
FIv,.+o-(D
eto
3
cp
o
3
OJ
v,
t
oo,o
Fo,n
f
FIv,r+ort
(D
e,o
3
@
oo-(D
trl
ao,
o-o)g
6-
vl
do-
(D
c)o
3
€o
o-oo
f
Ft
c)
bt
€oJ
Vt(^
(D
vr.+.lo
3
i)o
3
{o,
v,an(D
ln
.lo
3
i)o
3
-Tl
ooo-(n
o
3.
(.lo€o)-o
ocv,
lDoo
3
'Tl
ooo-oq)
o
Fo)
E.
5
'Q{o,
a(D
to
cVr(D
i-,o
3
'Tt
ooo-
oo,o-o,
,rl
ft(l€o,-(D
o
ctn
(Dr)o
3
tI,6'
3o)v,
lno
OJo-o,a.
f
filVt.+o-l(D
ho
3
@
o-otrl
ao,o-
O.ru
(D
Vr
o-o
ito
3
tp
o'
3o)Vr
vl
oo)o-o,
,a
f
FIanr+o-(D
ito
3
€oaCLoo
f,
=
!-)o
tEt
ooo-tt,(D
3.()
o€q,-(D=o
cVr
!Dc,
o
3
c)o
It
C)o
i^to
3
r)oant+ato
ito
3
qt
6'
3o)v,ur
oo)o
iriq)m
f
trl
UI
a+o
(D
ho
3
€oao(1
(D
f
Fts=.o
b-t
tQ
'Tt
oo
CLltro
3.oo€o,a
o
cttoe,o
3
@
6'3
OJ
EEEoase='z
bo|
23oo
d
ho
3
F
(.fl
(L
I
t\)
(tl
P
ctl
@
@
Iao
Ic
P
ctl
@o
I
!
I
P
('l
(tl
oooctru)
m
T'
I
@tt(-)
ts
ol
I
€
TE
Hcno
a
@o
N)
F
Crl
!
€
N
Poo
Tc
(/l
oo
w
Lno
Itsoo
H
crl
mT
a
CI'
at1r)
P
clt
I€
q,o
I,J'r)
Ic
F
N)
rto
I
T'
I
P
N)
Ct!oo
NJ5(c'
(^l
Cflots
(o(.tl(o
m
T'
Iq,
U'
11
F
N)
I
€
N)ro
I
Olooo
(p
P
Nr')
T'
€
NJ
Po
6)
!c(r.
ulo
N)
lJlor
Poo
P
N
5lJr
wa
N)
lJl
F
P
N
I\)
N)
ol
I(I,
€
o
5
m
T'
Itr,ac)
P
l\)
I
€
(p
o
IT'
I
@
cnoooor
(l,
ul
Ct)ots
(o
ctlo
m
T'
Itp(,
c)
@
I
€
E
€
ts
oVtoc-tl
@
a,
€
N
Po6).E'
c
@
5
!n(^t
I
N)
(tl
Po
@
m
T
I
@
at)(^)
@
I
€
F(Jl
(Ir
I
N)
N)ooo(rl
@o
tttr(')
Ic
CN
m
T
I
@
Fr
N
(,
(/l
5
@o
5&{
(^I
o
(.r,
(Jl
Icp
t-
Its
N
tE'o
Itt)r)
Ic
Fts
(f,()
c)
ur
@
€
€
TI
N
':d
YroiTou :tt
(tl
f.!
g
o
{
T'
F
tr
f=m
€:'oo,
tn.+
ao,€
fl
uo-
€
'9
F
5
f='
ta
'Tl
cro
1
-g
F
To
o-oo
o
f(I)
lt
tJ|
fluo
a
(I,
o,trto)
lhv,o
f!
(t
o
a
€
T'
F
=
f=
,rl
rl
Eo-t
€
T'
F
=
5='
trl
€
5oo,a+vt-o,€
fl
5o
€
T'
F
=.
f='to
ftuo-
'Tt
g
(D-
T'-@o)mo,
Vl
Uto
!o
o-oo=_o=
o
*t
(Jl
@o,rlo,Itv,o
=!
Fo
a
€-o
F
5
f
'll
Iuo-
€
T'
F
q
:f
5'
FI
(D
o,no,at,v,o
'Tt 'Tl
do-t
€
'E
t-
=
f='
trl
'Tl
tto-
'Tl
do
T'
F
'Tl
(t
o
a
G'o,
'Qo,
It
vlo
fl
uo-
€
!
F
t-
f.
J
IEI
flq
o
€
E
F
5
:t
5'n
(D
o,r|
tl,vttno
€=oo).+tn(+
o)€
@o)mo,v,v,o
=uo-t
(p
o,
trloJ
av,o
TI'o)
,qqJ
v,
UIo
€
too)t+v,-o)€
lrl
!-r
'9
o,
an.+
r)
@o,
tElo,
9w]<(Dd
ao=,9r.{
tto
uo
€
E
F
=.
:f
5'trl
zo
f
I
T1oo)
3
o-
fo,s.
o
V)
T'=.o.
f
GI
o,
vr
o+r
F
5
No
P
F
(.)o)3Vro c)o3Vl=o oo,3v,5o r)o)31r,:'o oq,3UI:to (-)oJ3vr=o (.)o)3Vro oo,3vr=o oo)3(t=o a)o,3tn=o r)o,3Vto r)o,3Vr:to c)o3Vro ()o,3an5o oo)3Utto (')o,3v,to (1o.r3UIto oo,3v,Jo (-)o3v,o (')o,3ltr5o r')o,3v,o (')o)3v,=o nq)3v,5o c)o,3v,5o a)q,3Vr5o @otIoI6)o€=CL (po{T-{oI6)o{Eo-@o€IoIoo€Eo-Eo€T{oI6)oEo-TDo€I{oI6}o=o-@oeIoI6)o=.o-(po€I{oI6)oEa @o€T{oIooECL @o€oI6)oEo-(po€I{oI6)oEo @o{I-{oI6)oECL @o€IoI6)oECL @o{I-{oIooEo-Fo€IoI6)oEo-G'o€T-.loIootoro(o (0 t!|@ @ @ m 6 @ @ @ @ @ @ @ or or Ctl ol cn Ctl (n cn Hol tsT\J @ FEeFC'lo('r,
N
PIr,tscnoU)
IV
PN)POlo(.f,
t\)
Pwo-H PN)o-Pcrl tst\,o-H.or tsN)@ 6 s Ol Fr
o
N
o
N
o
N
o
N
o
N
o
N
o
N
o
N
o
N
o o
N
o
N
o
N
o
N
o
N=f f f f 5 f f f f :f f f f f =f 5 f :J f f f f
{t'
9
N)
c'l
re>
I
Ol
@
{.,}
o
(^I
P
1t>
I
(.^l
o
lrr
9
UJ
P
1rr.
9
N
1t\
o
bts
1r\
I
l\)
C'l
It>
I
No
If|
9
l\)
Cfl
rf,
I
N)o
r.,D
o
b(.rl
1,t>
o
bs
.(r1
I
t\,
Ot
{/}
I
N
t\,
{r}
o
b
F
ta
9(.r,(o
t.r}
I
P
5
lt\
I
N'
Ctl
Va
9
P(rl
vI
P
Pu,
{,r}
I
Nro
(/1
9
N
'uI
I
P
ul
{'fl
I
N
F
v!
I
P
F
1t,
I
P
(A,
(r!
I
Po
{t}
I
H
N)
Lt,
I
ts
A
lft
P
P
5
1t\
Io
5
Vl
o
b
ul
v)
I
P
t\)
t&
o
b
CN
14
o
b
@
v)
o
b
Ol
{.'l
I(J't
ul
{,r}
o
b
lJl
1t,
I
P
Fr
N)oo
ts
(Jl
o
l\)oo
N)(tl
o
l\)oo
lr)oo
f\)
(/l
o
Noo
N
C)o
Noo
NJoo
ts
C'lo
ts
O'lo
N)oo
( ,oo
Po)o
tsoro
(rloo
N)
ul
o
(.rl
oo
(/l
oo
t\)oo
N)wo
lJloo
f\)
5o
(tloo
uloo
LNoo
Pooo
(noo
Pooo
(/l
oo
uloo
(.tl
oo
tJloo
tsoo
ts
Oo
utoo
tsooo
(/l
oo
vl
U1
N
ie(o
<t\
lJo
!-
(I,
(.f,,
{t\
crl
!r,
N)
(tl
vI
lL
b
F
ltl
cn
N
i-,
tJl
tt\
@
N
(1,
{r}
lJo
!xts
1r,
ul
P
brc,
r.l\
5
I
Ol(o
1/.'.
(,
P
b(0
{a
FIctr(o
{,r}
l.r
(/l
N
tr\
P
(.'l(r,
l/Fr
lJl
t,',
N)
P
{J\
Crl
yl
F
@
vI
O)
ul
blc)
lt>
Ol
F
bt
5
vl
P
i.,(.rl
{
CD
lrr
(/l(.rr
It;
(rl
bt(0
tt\
or
!^)
t\)(0
{.t}
(/lco
bo
tt\.
CN
CN
ios
1r\
5
b(tl
1.t\
(/l
)J
P
Ol
lt\
Ctl
@
io(tl
vl
ol
I
OlqJ
1t\
cn
:r,
(/l
N
tt>
]J
P
90
t\)
@
1t|.
cn(D
bt(o
1r|
P
F
!-
P
{.ra
N
P
b
1r,
N)
I
(o
1t\
Ol
F
bt
l,^
wo\(t,
1A
or
ioul
.(.r}
(tl
@
b!(o
{./!
ts
ul
b,
ltr
(/l
l\)
irr
Ol
{r}
(/l
(Al
\(0
TIooo-v,o
3.
cto€o,
(D
ocv,
fDr')o
3
q,
o
3o,vlanoo,al
o,
E.
fmvt
o
1o;-,o
3
g
o
3ovr
ttc'o.lo
'Fq,
E.
5nU,
o-o
hto
3
g
o
3o
It
th
ooo
Fo)
E.
fn
tt,
o-o
ho
3
tr,
o
3o,v,
att
C,q,
o
Fo)q9.
Jm
UI
o-t
o
ho
3
€oaac)o
:f
t+=.()
b
FI
€o
o-
c)o
f
a+-
!'t
o
n
'tl
oo
CL
ttlo
3.oo€o,
o=o
c
vloe,o
3
TIoo
CLv,o
?
t')o€o,
ao
o
cvr
(D
cto
3
'Tt
ooo-v,o
3.
at(D
€o,.l
|D
tocv,o;-,o
3
TIooo-
Vto
3.oo€
o,
(I)
5oc
to
ho
3
@
o
3o,
ltrv,
E
o,
at-o,ts.=
tq
It
o-o
ho
3
@
6'
3
OJ
vl
v,oo,
at
F
o,
E.
:tn|Itr+o-o:-'o
3
q
o
3o,v,
atoo,('t-o,
E.
:f
FI
Vt
o
ao;-,o
3
q
o
3
o,
v,lnoo(')xo,
E.=
tqv,
o-t
o
i-,o
3
G'
o
CLo
FI-o,
o-o)u
o
l
o
a
fDc)o
3
@
oo-oFI
o,
o-o)u
o
vl
o-
(D
oo
3
€o
o
clo
f
=.
c)
b
trl
€o
o-
ato=-
a)
b-n
'Tt
oo
CLvro
3.
cto{o,
ao
ocU,o
i,o
3
.Tl
ooo-v,o
3.()
o€o,
o=ocU'oa)o
3
'Tl
ooo_
I'o,o-o,
E.:'
tq€
o)
(D
tog
ano
i'ro
3
g
o
3o,
lnu,oo)at
Fq,
E.
:tnVrt+o
o
i,o
3
(p
o
3
o,
v,v,oq,
o
Fo,
E.
ftrlln
a+o-(D
bo
3
@
oao
R
1o,
o-o,u
ovr
o-
fDalo
3
fo-(Doc
@o,nv,
ho
3
ft
q,
7ioo
c
@o,
,rlVra,o
3
ft
o)
Foo
c
(p
o.l
mVr
ho
3
{oa
CL
ato
f
a
c,
b-
tQ
'Tl
ooo-
UIo
3.
cl(D
€o,
o
5og
vro
cto
3
@
o'3
o)
vrtn
EOJ
o-o)q9.
mvtr+o-l
o
ho
3
q
o
3o,tt
v,
E'o)
a)
Fq,
E.
:ttran
o
!D(1o
3
€o
o-
oo
5
=.rt
b
t
-n
ooo_oq)
11
Fo,
E.5
trl€(l,
o
o
Ev,o
ho
3
oo
CLatto
3.
c)o€o,l-o
Jocv,o
ho
3
€o
CL
cl(D
5
(.)
bt
.TI
ooo-ano
3.r)o€o,
5(D:'octt,
|D
i-,o
3
'n
ooo-
ttq,
cl
Fo)q9.
f
ila{o,
d=oCat,
fDrto
3
@
o
3
o)U'Vr
oo)o-o,
E.
f
FIVr-to-(D
i,o
3
g
o
3
oU'v,rcto,(')
Fo,
E.
:tgt|
Vr.+o
o
ho
3
N)(0
I
N)oo(.tl
5ul
P
Iz
F
f\)z
UJ
UI
I:r
(o
u)
N
N
O)
Icr)oz
(r.)(tl
I-
l-(o
lJ
{o
IItrr')
Icq,
('l
I(^t
IT'
x
t-
Ir)vr
I
@
m
T
I-(-)
@u)
N)ro|
I
Noom
m
!
I
I(-)
@
P
N)(0
It\,ooq)
5ttl
P
Iz( ,
5z
s(tl
Iz
(.f,
t\)z
(,1)('|
I
I-
l-
@ts
N
N
CIt
I
@xo(o
z
I
l.t,oo
m
!
I-c)
@(.rt
m
T'
I
t-a)
@
P
{o
Iv,o
Ic
P
lJl(p
x
Io(t)
I
Ctl
m
T'
I-c)Ctr
N)to
I
1\,oots
-
v
I
P
N)
5
{Jl
PIz
N'oz
(.f,
t/l
I-rcrl
Ol
m
E
I-r)
C'l
Psulor
TV
ts
5
No
P
Ps
NJoo
@o
l-
Ir')
lt't
I
P
N)
m
T'
I
@
vlr)T'Tt-
I
I
s(tu)
It\,
lJ1
(.'l
F
N.'
N)
N
Cfl
I
o
t\,
N
Iuloo
@
@r
Iv,(^)
Icts
N.,
6)
Tc
T\)
Hlo
6)T'c(tloC)
l-
N(o
I(ttooo
@o
t-
I()
Vt
I
@
m
T'
I
G'v,(^).E'
T'=
I
Ia
T'e
N
Fo
t-l\t,oc
T'
@
5tlu)
t
l\)(,
Ulo
@
NJ
I\)
Crl
I
t-o
N',
H
I
lJl
oo
q,
o)m
o)v,vro
T'
F tr,o,nq,
tt,
at,o
(p
o,
,rlo,vr
Ito
(p
q)
mo,
vratto
==oo,,+U'.+
o,€
Tr
qt
o,
GIo,
ln(t
o
(p
O)
,Qo,UIano
G'o,nq)
v,tno
tr,o,xlotntto
T
F
T'
F
@o,
FIq)
VrVro
@o,
trlo,
vrVro
T'--o
F €
Joo,
vr.+
o)€
T
F
Eqt
FIo,
vrv,o
@o)
,tlo,
vrv,o
Tm-{T'
F
TDo,
FIq,
Vrv,o
!
F
fl
g
o-t
€
vl
!')
T'
o,U)
al
Eq
ftuo.|
€
ln
!-r
T'
o,
It
11
=o-
=:uo
€
at
P
T'
o,vr
at
=o-
T'
F
T'
F
T'
F
Eo,
tqq,
v,tn(D
€=oo,
v,r+-t
o,€
@o)
xlo,VlU'o
c,o,
FIo,to
vro
T
F
!
F f:
do-t
T'
F
@omo,
Vrlno
zo
l
I'Tl
oo)
3
a+o
T
:fo,
='oVr
T'=.g.
f
orl
o,
vt
o
s
e.
f\)o
P
5
(1oE(1co ()gCLc)co r)gCL(')co ooo(-)co oodr)co (1oCLoco ooCLr)cIJ ooo-()co r)oo-r)co r)9-o-r)ct'r)oo-()co (')oo-r)cc'(-)9-o-f-)co (')oCLogo (')oe(')co (')odr')co r)o)3v,o r)OJ3ltr5o a)o,3Vto (-)o,3to (')o.|3vro a)o,3Vr5o r)oJ3v,o r)o,3v,to c)o,3tt,:ro .)o)3vto oo,3t,5o oo)3Vro oo)3v,o C)o,3t,g r)oJ3U'o r.)q)3v,q-(-)o,3Vl:to oo,3ttJo ao31'5o r)o,3Vlo r)q)3v,o (')o)3vr=o (-)o)3U'to oo,3Vr:roPOltsO'l POl tsctr For PN PN PN)PN (c)(o (c)(o (o (o r€|(o (o to (o (o to (o (o
o
N
o
N
o
N
o
N
o
N
o
N
o
N
o o
N
o
N
o
N
o
N
o
N
o
N
o
N
o
N 5 5 f J 3 J f f :f
{.r!
I
UJ
rJ\
I
P
N)
(J\
9
P
1t\
9
u)
{.r}
I
ts
N)
lt\
9
ts
lJ
{.r}
I
tsu)
1T,
o
ts
lt\
I
P
tJ
It,
I
w
1t\
Io(o
tt>
I
o
1t'.
o
b
@
{./I
o
b
Ctt
lt>
o
bo
(/F
o
b
C't
Vj
I
N)
N'
lrr
9
P
(tl
lJl
o
P
P
'Vj
I
No
{.rl
o
P
(.fl
{t}
I
P
Crl
v,
o
iJ,J(tl
vI
s)
N)
Ctl
{t}
P
t\)
@
r.t\
o
is
lJl
1'/'t.
I
(.L
o
1r>
P
(.l,
Ol
tr\
o
b
N
1t\
I
N)o
1t|
I
N'
{,ra
Iu,o
It\
P
t\)(o
If|
I(,.,
'ul
o
blv
tt\
Pur
ul
lt,
I
(l)
(tl
.(./!
o
b
l\)
vL
o
leol
1t\
P
w
LN
Pooo
Frooo (,lo
tsooo
Pooo
Fooo (rt
o
Pooo
Pooo (.rr
o
Fooo
Hooo
Pooo
NIooo
Nooo
N)ooo
(,
oo
P
N
lJr
N)
ul
o
ts
N
gl
N}
ul
o
f\)()
o
1\)(.rl
o
N)
5o
5oo
N(tl
o
N)
LNo
N)oo
N(tl
o
t\)(tl
o
N)
Fo
uloo
l\J(,
o
P
Olo
t\)oo
N)oo
Noo
N)oo
t\)oo
N)oo
1t}
P
(l)
F
N
5
Lr>
P
F
!o
@ro
{J}
90
N)(o
{t}
ts
N)
I
Ot
Ctl
<rr
P
N
F(o
(tl
r,tl
P
F
l-,(tl
@
ta
I
C'llct
(t,.
tso
I
5
lt-'-
P
P
I
@
{1\
(tl
b(o
ltl'
toq)
br
N)
1t\
rc,
(lI
b.(tl
lJ\
@o
iJ,J(o
.Lr}
P
N
!J)(o(o
]n
P(tl
:J(.^)
t\)
{./r
ts
P
!,
F
P
{.r}
Po
90o
1\)
vl
P
0o
bro|
{.r}
N)
f
N
(tl
ta
NJ
Frc|
(lI
{r}
u)
@
ieo
'(r.l
(,
N'
b(o
tJ>
@
@t)ctl
14
Ol
N
b,(o
1t\
F
P
H
(o(o
{.r}
Ol
N\(o
lt\.
F
CD
lJl
1t,
ts
t(.tl
lJr
Po
Ioo
It\
(Jl
o
ios
'u>
Ol
tJl
b
P
{r}
@rc)
b(o
{/F
H
b(o
lr>
l/lro
bro
lt|
@t
(^l(o
{J\
o
tr(o
tt,
o
trJrc'
{.'I
0a
F
i,r.J(o
It\
(tl
N
i.,(o
1r\
I('r',
(o
€oa
CLcl(D=.+
(.}
bt
TIooo-vro
_?.
(.lo€o,-t
o=o
cat,(D
ito
3
r)ovrr+o9
cto
3
@
oo-otrl-oo-o,
E
(D
v,a+o
a(D
i,o
3
@
oaouq
q,
o,o,
F
it
vl
o-
(D
c)o
3
€oao-()
(D
f
.+
a)
b-trl
c)o1t,
clo
ato
3
G'
o
CL
o0a
o,
o-o)g
o
tt
o-
(D
t-)o
3
@
ooom
ao,
CLo,
cr
ovr
o-
{D
oo
3
c)ovl.+cr
I
cto
3
g
oo-am'1
o,
CLo,(t
6-vrfro.l
{D
ato
3
'Tt
ooooo)a)
Fo,
E.-m€oJ-(D
ocU,(D
ho
3
-n
ooq
tno
3.(.)o€o,
a(D
octn
o
i,o
3
TIooo-v,o
3.cro€o,
ao
5o
Etno
i,o
3
€oao-o(D
f
a
o
b
a
EI
@
o
CL(D
F
ao
o-o)
CF
oVr.+o-
(D
c)o
3
€o
a
o-
f')o
f.+
a.
al
bt
€ouVr
o,
c-o
5.+tt
o-l
o
ito
3
€og
v,
o)
c
a
OJ
f
tn
o-|
o
oo
3
ouv,
o,
C-o,=.+Vr
o
o;-,o
3
€ou(n
.+o)g
1o,=
v,
o
o
ho
3
€ouvr.+o,
c
ao,
5r+Vl
o-o
eto
3
€o,1n
v,(D-an
ao
3
ho
3
TIooo-Vro
3.
ato€o,-o::roc
tho
ho
3
'Tl
ooo-vro
3.
alo€o,-(D
5octn
!Doo
3
oo
CLvro
3.oo€o,-o:roctn
ID
c,o
3
'Tl
ooo-tt(D
3.
c)og
a(D
o.+
('to
3
'Tl
ooo-Vr(D
3.(')og
a(D
cr
ho
3
@
6'
3o)
|t,
t
ttq,
otio)
E.
5
rlv,
o-o
i,o
3
trt
o'
3q,
vrlt,
Eo.l
a)-o)
E.=
trlvr
o
a(D
h
o
3
q
oo-oUE
ao,
CLo,cr
ov,
ao
a
(D
oo
3
€oaaoo5
ao
b-l
FI
€o
o-
c!(D
5r+=.o
b
t
'Tl
ooo-Ut
$
3.
clo{o)-o=oc
tho
i-,o
3
'Tl
ooo-lno
3.(')o€o,-o
oc
lno
i)o
3
-Tl
oo
CLv,(D
3.(-)
(D
€o,-o
oc
UIo
i-,o
3
'Tl
oo
CLv,(D
3.oo{o)-o
:toc
to
ho
3
'Tl
oo
CLano?.}o€
OJ-o=og
Vr
rD
cto
3
-TI
oo
CLVro
3.rlo€o,
ao
octt,(D
ho
3
'Tl
ooo-vro
3.
a,o€o
ao
ocln(D
ho
3
(.)
T'
I(-)
lJ)
I
Cfl
m.C'
Ioo
Fctr
I
6)v,
(,
(.Il
(tl
Pos
m
T'
tc)
P
Ol
Io
l\t,
m
T'
I(-)
vtscn
oT'
Ir)a
Its
N
(Jlqr
vro(o
5
m
!
tr)r)ts.
NJI
6)vr
m
T
tc)vts
N)
ur
LN
ul
P
Pro
m
!
Iov(o
T'(1(o
m
T'
Ir)a)rovr
I
6)tn
v,c)(')
ur{)z
r')T
Ia)Vr
I(o
m
T'
Ior)
-{
o
Itt)o
Icr
@
(o(o
@-9
><{
(.f,,(o
(/l
su)u)-9
x-{
ut(o
ul
(o(o(0
T'x-l
(J.
(Jlo
5(.r,u)
T'
I
(.f,
Ltlo
r')(oro
T{
F
Crloooo
56
m-tf
I
t-o(o
cn
€'Tl
4
a
Fr
N
m
T'
I
4orc|
c'l
c'Tt(-)
crt
lJos(o
c
ato
@ts
o
5@
s
(Jl
F
Iz
F
@z
u)(.tl
I
:Et-(o
('l
m
T'
I
-a)(c)
CIl
{o
Iv,o
IcrJ)
IT'
7\t-
Iotn
I(O
lJl
mT
t
t-o
@
(.L
mT'
IIc)
t-ro
(l)
m
E
I-r)(o(r)
m
T'
I
I.o(o
ts
m'(,
I-r)
t-(o
P
f\)(t,
I
NJoo
Ot
m
T'
I-()(o(^,
'(,
F
T'
F
T'm
i
T'
t-
T'm-{T'!m{
T'
F
T'm-{!m-l
-(]
m-{
-E'
m{
T
F
fl
q
o
a
T'r €=oo).+v,r+-o,€
'g
m-{!
F
T'
F
TDo)rlq,
t
v,o
lt
t,
T'
o,]n
6'
tt,
t)
T'
o,vr.+
f')
T'
F
@o.l
too)t,ano
!
F €
(D
o,.'+at
-!
o,{
T'
F
T-Eq,
trloJtnv,o
€
T'
F
f.
f,
,rl
wo,r|oJtt,ano
€
1'E=.
f
,fl
wo,mo,tntno
€'o
F
=.=m
@o)trlq)
Vt
vro
€
T'
F-
=.
,rl
Eono,v,v,o
ct,o,
otlo)v,vro
t^
!',
T'
il
vr.+
11
v,
!-,
T'
OJ
v,
d.
o
U'
!'r
!
q,
Vr.+
at
vl
tl
T'
q,
Vt
f.r)
U't)
T'
o,tn=.
('t
zo
l
I'Tl
o
oJ
3
(D
.l
f(u
.+
(D
Vr
T'=.
c).=ort
o)
UI
o-h
s
No
Fs
o,;xoo5(D4to)3o)q|Doooq,too-€
5
c
q=
,ll
4=(D
o
6
5
o)=
CL
6
fo
o,
o)
d
t
.D
r)oc
fq
o
a
:tooo
5
I
o
a)
(D
{
5
_5
o=o-o-
(D
6
o
.D
Eo,.+o 'c,o,o !o.+o a,d.+o -oo,.+o 'oFa+o T'o,-to -o.+oco Ior)co -ooCI'-oa+a)co -oa+oco -o.+r')Co Ior+oCo -o()co -o.+a)cc'-oc)co Io.+ogo -o(-)cc'ro,+ogo -or')clJ -o.-toco g9.@ox (]9.(poX 0g@ox ggG'ox (fo (]o Io Io Io Cfo (fo c]o Io@ox(pox @ox @ox @oX @ox tr,ox @ox @oxPoro|(o (o r€)CN ts(Il PCrl FOl POl PCD PCN tst\)PN)tsN)HN'Pt\,tso @ O &@ 6 @ @ @ @ ct)CN Cll cn (rl c'l cn
o
N
o o
N
o
N
o
N
o
N
o
N
o
N
o
N
o
N
o
N
o
N
o
N
o
N
o:l :f l f f :f f f :f f f f f :f f f f :f =
lJ|
P
NJ
ts
.L
I
Pts
{.rl
P
N'
@
r,l\
Po
F
<'f|
o
b(c)
{.rl
o
b
{,t>
Io
Ol
{.f}
I
F
N'
{./}
o
b(o
IJ\
9o
(J',
It\
9
P
LN
|t\
9
P
1t\
I
Pu,
rJ\
I
ts
o
{.'L
I
Po
v!
Io(o
{./!
I
P(,
tJl
I
P
ts
u>
I
Po
v,
Io
@
(tr.
Io
6
{./l
Io
tl,
I
{Jl
{r}
I(,
ltj
I(tl
lJl
<tD
I(r)(o
lt\
I
ul
ltr
9
NJ
@
It\
I
F
ltr
o
i.J
Ol
|J\
o
le
ul
lt\
P
N
{.f!
I
N)(tl
{,r}
I
(.Il
Ol
{.,}
o
b
(.tl
o
PoOo
(.tl
oo
Pooo
(.tl
oo
Pooo
(.tl
oo
tsooo
tsooo
Hooo
rJloo
(,
o
Fooo
Pooo
tsooo
tsooo tJro
Fooo
tsooo
Pooo
tsooo
Pooo
Fso
Noo
P
5o
N)oo
Noo
NJoo
5(tl
o
(.&,
oo
N)
5o
u)oo
]\)
Fo
(^)
oo
NJoo
ra
ts
o
bt(o
tJi.
F
P
!.r
(/l
@
1J}
P(.|.,
90ro(o
{a
s
NJ;-(o
ra
5gr
N)ro
{r}
P
i-,(tl
1J\
(.r,
P
60(o
rJ\
H
ts
Ioo
It\
(o
I
(/l(o
{'r!
N)(cI
bro
{r}
ut
b(o
{r}
@
5(c)
{.r!
P
NJ
!,(rl(rl
(t\
ts
o
F(/|
F
{-'}
Po
H
b(c)
lJl
@
)J(r,
@
{J}
J( ,rc,
lt\
P
o
5C'l
lt\
Po
H.
(r',
v!
@
N'
i./t)
{.t}
:oq,(o
tr\
cn
C'l
bo
(Jl
1,r\
(o
\
(/l
ll\
ul
bt(tl
{,r}
P(c'
(tl
1,r\
tn(tl
1t\
!r)
ts
5
vI
lJl
(tl
bo
cll
{.r}
P(.rl
{./l
(o
b5
ltr
Ol
I
v,
!o
(/l
5
1t\
(.fl(o
io
F
lJl
Po
90
Olo
1t>
@
N)
b
@
(-)ov,
a)
I
clo
3
€o-l
o-oo
f
I
C)
b-
tQ
'n
ooo-
ttr
o
3.
.t(D
€o,
ao
o
ca,n
fDoo
3
.Tl
ooovr(D
3.(1
o€o,-l
o
5o
cVr
(D
cto
3
'Tl
oooan(D
3.()
o€o)-(D
=tocvr
o
ho
3
€o-
o-oo
f
Po-t
trl
r)ovr.+o9(')
o
3
€o
a
ao
o
f.+
a
!-lofr
'Tl
ooevroa
a)o€o,-(D
tocVl
{D
oo
3
'Tl
oooooo-o,m
5m€o,
ao
tocU'(D
a)o
3
r)o
vl.-tr)o;^,o
3
r')ou,a-tc)
9
t-to
3
@
oo-(D
trl
ao
o-
o,
6
(D
v,
o
ao
ho
3
€o
oat(D
f
a()
b-n
'Tt
ooo-(n
(De
r)(D
€o,-o
ocVro
?)o
3
TIooo_tf
OJ
at
2rq,
E.=trl€o-(D
to
CvrgD
r)o
3
c)otnr+alo
ho
3
@
oo-
@m1OJo-q,
6
(D
It
o-
fD
('!o
3
@
oo-(D
n-o,o-q,
u
(D
ltl
o.t
(D
clo
3
€o
ooo
f-
o
b-KI
-Tt
ooo-
1J7(D
:
al
(D
€o,-o
5oc
l.ho
i-to
3
'Tl
ooo-oo,
t-l
Fo)
tq
fn€o)
a(D
toctt
(D
oo
3
fo,rooc.+
@o,mU'
ho
3
=t
o)-oo
c
q,
o,
'll
?
oo
f
fo,
Fooc.+(p
o,
n
?ato
3
=l
o,tf,ooc
(p
o,
,Qv,
eto
3
=t
o)
F(Doc
@o,m
Vt
ho
3
=t
o)
F
fDoc
rto,,rt
?
ato
3
={
o)-oo
c
q,
o,
tQv,a,o
3
={
q)
iFoo
cr+(p
o,
,Qat,
ho
3
fo)
iF(Doc,+(D
o,
trlv,e,o
3
Io)
'Fooc
FITDo.|trlvr
i)
o
3
:t
o-oo
c
Fo)
FI
?()o
3
@
o
3
o,
ttr
vloo)o
Fo,
E.
f
han
oa:-)o
3
@6'
3
o,vlvr
It
o,c)
x
o,
E.
f
ot|(t
o.t
o:-)o
3
c
oo
o
6
o
a
.o
c
o,
o
(.rl
ul
ul
P
N'
@
1lt-
I
tJ,(')
Ic(o
I(')(^)ro
!
€'Tl
(,
x
or|c)(o
o
N)
t\)rc)
I(,.,oo
F
T't-
I
lJ)o
Ic
(.tl
ul
F
@
P(/l
r')c
I
E
Its
Cfl
m
!
I
G'rr')tso
I
6)ltr
tn
@
Pctl
€
(,(o(o
Crl
s
lJl
(-tl
(tl
o
@ul
m
T'
I
@rc)ts
Ol
I
{
c)c
IT'
I
F
N)
m
T'
I
@-a)
P
t\)
I
€
ttl
E'
P
N)
€
(tl
ul(tl
o
Fo
m\t
@-(-)
P
N}I
€
m
T'
I
E'-c)
Po
I
€
r)c
IT'
I
@
m
E
I
@-(')
@I
€
(t)
@o
@
€
TI
@o
@'E
(rlo
@
1l
m
'Tl
@o(p
T'cno
@T'm
'Tl
cpo
@
T'ts
oo
€
I
'Tt
@o
G'
1'
6ro
€
'Tl
r,or,T'
55t-
€-
'Tl
@o
G'
T'(r,tro
€-
'Tt
@o
tp
1l
N
l\)
@T'm
'Tl
@o
@
!so
€-
'Tl
(Do
@
T'
@
€
'7t
(I,o
@
!
5o
@'t
m
TI
@o
@
T'
N'
@
@
1'
m
(,
(.l,o
Io
(A,oo
@
('^){r)o
to(.!
ots
NJ
tr,o,
trtIo,Itv,o
€
oo)r+vt.+-o,€
Ut
!-r
T'
o,
UIto
f!
u(t)
-t
q,
OJ
trlo,Itv,o
€
t(D
o)
tn
O)€
'tl 'Tt 'Tl 'Tl TI 'Tl 'Tl Ico-|
f!(t
o
€
TI
F
E
5='
N
=(t
o-
I(t
o
f!cro-
€
T'
F
E
:t=trl
r:u(D
€
T
F
E
5
3'n
f!g
(D
fl
g
o-
€
E
F
q
f.
f
tQ
lluo-
=g
(D
=cro-t
T1
do-
'Tl
do
a
'Tt TI TT 'Tl 'Tt 'Tl 'Tt 'Tl 'n
g
o
q
(I).t
do
1
€
T'
F
t-
f,
5'm
(t
o
a
q
o.t
6(D-
g
(D
-l
{
T'
F
5
f
m
oo.l
q
o co
a
tto Fo-
cro cro
1
do-t
cto-
ri i-,!'\.<iir,'
Who does this ordinance affect?
. Bars and pubs .
. Cafeterias .
. Caterers !
. Convenience, liquor, & grocery stores .
. Coffee shops .
Food kiosks
Mobile food vendors
Restaurants
Street food vendors
Supermarket delis
0rdinance Elements
. Effective January 1,2014 at multi-state food establishments;
. Effective January 1,2015 at ALL other food establishments,
including mobile and street vendors;
. Requires restaurants to eliminate the use of expanded polystyrene
(EPS), commonly known as StyrofoamrM, food ware but does not
prescribe an alternative, allowing restaurants to choose what best
meets their business needs; and
. Provides financial hardship and unique packaging exemptions.
Resources
The following documents can be found at www.sanjoseca.gov/eps
. Exemption Request Form
Foam Food Container Ordinance Document (NO. 29298)
Frequently Asked Questions
List of Foam Food Container Alternatives and Pricing
Tips to Stay on Track
. Use up your current supply of EPS food containers by the effective
date that applies to your establishment.
. View the online list of alternatives and pricing to find the best product
and price for your establishment.
. Contact your supplier to order non-foam food containers.
. Sign up for regular updates, email greentogo@sanjoseca.gov
*f .'*fu:
tlE
oo
o
Y
N
a
lr()
d
(J
>.
c)
E
CJ
|r
aA'r(t
a
a
a
#;.
Crly of
Santa lllonler*
mG]ooil$etrlceGomhelBan
frrsfd ffi
Background:
On Janua ry 9, ZOOT the Santa Monica City Council unanimously voted to ban the use of non-
recyclable plastic disposable food service containers within Santa Monica: SMMC: 22L6
When did the ordinance take effect?
r Febru ary 9r ZOO7 for all city facilities and operations, city managed concessions, and city
sponsored and Permitted events.
o February 9,2008 for all food service providers in Santa Monica.
Why did the City of Santa Monica ban non-recyclable plastic and polystyrene?
Expanded polystyrene and non-recyclable plastic together make up the largest amount of waste
that ends up on Santa Monica's beaches. At the annual Coastal Cleanup Day, 10,000 volunteers
came out to clean the beaches and in three hours picked up over 75,000 lbs' of trash, most of
which was identified as Styrofoamo and ptastic. This plastic waste causes significant environ-
mental damage to the beach and marine environment. lt can also harm marine animals and
birds who mistake it for food. Polystyrene is made from crude oil and when improperly dis-
posed persists in the environment for hundreds of years. By banning these types of disposable
plastic food containers, the ordinance will help to reduce the amount of these materials that
pollute Santa Monica's beaches and the bay.
What are the banned food service containers?
Non-recyclabte plastic refers to any plastic which cannot be feasibly recycled by a municipal re-
cycling program in the State of California. This specifically refers to expanded polystyrene (one
example of which is known as Styrofoamo) and clear or rigid polystyrene, both of which are
marked with the symbol #6 on the bottom.
This ban applies to single-use disposable containers intended for serving or transporting pre-
pared, ready-to-eat food or beverages. Examples include cups, plates, trays, bowls, and hinged
or lidded containers. This ordinance does not apply to single-use disposable food service items
which are not used as food containers, such as straws, cup lids and utensils'
Who must comply with this ordinance?
This ordinance prohibits all food providers in the City of Santa Monica from dispensing
prepared food in non-recyclable plastic food service containers. "Food provider" means
any establishment, located or providing food within the City of Santa Monica, which pro-
vides prepared food for public consumption on or off its premises and includes without
limitation any store, shop, sales outlet, restaurant, delicatessen, grocery store, super mar-
ket, catering truck or vehicle, or any other person who provides prepared food, and any
organization, group, or individual that regularly provides food as a part of its service. The
ordinance also covers food containers purchased by city staff; food programs sponsored
by the city, city-sponsored events, city-managed concessions and city-permitted events.
What are the penalties for non-compliance?
. The 1st violation results in a written warning.
. The 2nd violation results in a fine up to S1OO.
. The 3rd violation & any following violations result in a daily fine up to 5250.
What types of containers are allowed under the ordinance?
. Aluminum
. Recyclable Plastics
. Coated and Uncoated Paper
Note: lt is recommended that coated and uncoated papers contain a minimum of
9A% paper, ideally made with post-consumer recycled content. Typically, these
products will be labeled "post-consumer recycled content".
o CorflFostable Plant Fiber products, such as Bagasse, are now made from corn, sugar
cane, bamboo, palm, grass and other rapidly compostable resources.
. Bio-plastic Currently, bio-plastic products cannot be effectively composted in home
composters or municipal composting operations used by the City of Santa
Monica. Even though certain bio-plastic containers are labeled as compostable, the
existing composting facility currently used by the City of Santa Monica is unable to
process these bio-plastics. Any bio-plastic container which is placed in a compost or
recycling bin will be removed and sent to a landfill. The City is exploring opportunities
which will one day allow residents and businesses to dispose of their bio-plastics in the
composting bin. Untilthen, bio-plastic products should be disposed of in the black
trash bin.
What is the heat tolerance of compostable products?
When determining what type of compostable product line to use, it is important to know
whether you will be serving hot or cold food. For example, a popular corn-based contain-
er has a heat tolerance of around 110 degrees F and is excellent for salads, sandwiches
and cold drinks, but not hot foods or drinks. Specific brands of compostable food contain-
ers are designed for hot foods and drinks. Before you choose a container, be sure to ask
for information on heat tolerance and other product specifications.
Where do | find acceptable food seryice contalners?
, €ontact or visit your sales reprqsentative to inq.uire about acceptable containers. lf they
do not carry !hem, request that they begin doing so. As a service to the community, the
city has a list of suppliers of acceptable food service containers. Learn how to host a zero' waste event in Santb Monica and access a list of over 90 food service container distribu-
tors as www.sus'!g in a blesm.orglconta iner.
Useful Websites:
, r CalRecycle: Venue & Events Law (CA AB2L76l Information:
www. ca I re c vc I e . ca, govlve n u eJ / M a n d -qte s /d efa u I t. h t m
Who can I'oall for,questions about where to find,a.lternative,prgducts, ordinance enforcement ,
exemptionsr recyclingtechnical assistance or community p.resentations? Cgntact Josephine tMiller
of the:Office of Sustainability & the Environment at 310.458.4925 or iosephjne.mill_er@sm,epv.net.
City of Santa Monica
Office of Sustainability & the Environment
L7L7 4th Street, Suite 100
Santa Monica, CA 90401
Phone: 3L0.458.22L3
Email: environment@smggv.net
Website: susta ina b lesm.org rcontain er City o{
Santa Monlea*
=Arlz
(lrv or 5ann Morulca
A Ssstainrbte Com munlry
sustainablesm.org
BEFORE THT' CITY COUNCIL OF THE CITY OF FORT BRAGG
AN ORDINANCE ADDING CHAPTER 6.27
(DrsPosABLE FOOD WARE) TO
T|TLE 6 (HEALTH AND SANTTATTON) OF
THE FORT BRAGG MUNICIPAL CODE
ORDINANCE NO.-20_
WHEREAS, The Crty of Fort Bragg has a duty to protect the natural
environmenf our economy and the health of its citizens.
WHEREAS, disposable food and beverage packaging is likely to become
litter because it is removed from the place of sale for immediate consumptiorU ffid,
many takeout food ware items such as cups, hinged containers, plates, and bags
are commonly found in roadside liuer; and
WHEREAS, disposable food and beverage packaging made from expanded
polystyrene foam (commonly called Styrofoam, a trademark narne) is not
biodegradable, recyclable for practical purposes, or returnable; and
WHEREAS, polystyrene foam easily breaks up into smaller pieces, and
because it is lighnveight, is carried by the wind and water, and as litter,
polystyrene foam is highly durable and more persistent than other forrrs of litter,
an4 this liuer ultimately floats, or is blowq into waterways where it harms lirring
species; and
WHEREAS, the U.S. Environmental Protection Agency has stated that the
physical properties of polystyrene foam are such ttrat "the material can have
serious impacts on human healtb wildlife, the aquatic environment and the
economy," and, according to the U.S. Food and Dnrg Administratioq there is
medical evidence to suggest that styrene, a primary component of polystyrene
foanU leaches from polystyrene foam containers into food and drink; and
WHEREAS, the State of California's Ocean Protection Council has urged a
prohibition on "single-use products that pose significant ocean litter impacts where
a feasible and less damaging alternative is available;" and
WHEREAS, it is not economically feasible to recycle polystyrene foam takeout
food ware in Mendocino County and no recycling programs accept it. Recycling
is possible, however, for some disposable food ware made from materials other
than polystyrene foam; and
WHEREAS, polystyrene foam is also commonly used as a cushioning
material for shipments in boxes and packages, and this rnaterial can escape into the
environment. Alternative cushioning materials are available and should be used
where feasible; and
WHEREAS, biodegradable disposable food packaging for cups, plates,
hinge containers, cutlery and sfiaws are made from organic rnaterials such as
paper, sugarcane fiber, com waste and potato starch. These products ilre readily
available in Mendocino Corurty; and
WHEREAS, major takeout food vendors have voluntarily given up the use
of polystyrene foam disposable food ware but other retailers continue to use them
in the City of Fort Bragg; and
WHEREAS, the elimination of polystyrene foam disposable food ware and
its replacement with biodegradable alternatives would lessen the visual blight and
environmental harm from litter in the Clty of Fort Bragg.
NOW THEREFORE, the City Council ordains as follows:
Section 1. Legislative Findings. The Crty Council hereby finds as follows:
A. While the City Council recognizes disposable food ware regulation is a
matter of statewide interest and concern that is best applied uniformly
throughout the state, in the absence of statewide regulation, it is in the best
interests of the City and its residents for the City to regulate disposable
food ware as described herein.
B. The regulation of disposable food ware as proposed herein promotes ttre
general health and welfare of the public by reducing the amount of waste,
litter and marine pollution that are atffibutable to disposable food ware.
C. The proposed ordinance is categorically exempt urder the Califonria
Environmental Quahty Aet as an activity in protection of the natual
resources (Secti on 21 083, Public Resotrrces Code ; Reference : Section
21084, Fublic Resources Code).
Section 2. Chapter 6.27 entitled DISPOSABLE FOOD WARE is hereby added to
Title 6 of the Fort Bragg Municipal Code as follows:
B.
D.
E.
CHAPTER 6.27: DISPOSABLE FOOD WARE
Section 6.27.010 Definitions
Section 6.27.020 Prohibited Disposable Food Service Ware
Section 6.27.A30 Non-food Packaging Material
Section 6.27.040 Biodegradable Disposable Food Service Ware
Section 6.27.050 Enforcement and Penalties
Section 6.27.06A Severabiliw
$ 6.27.010 Definitions
A. "Biodegradable" means that a material or substance has the ability to
decompose into natural biological elements within a reasonable time as a
result of bacterial action.
"City" means all that territory within the City of Fort Bragg.
"City Facilities" means any building, structure or vehicles owned or operated
by the City of Fort Bragg its agen! agencies, departrnents and franchisees.
"City Facility Food Providet'' means any entity that provides Prepared Food
in Crty facilities.
"City Contractors and Lessees" means any person or entity that has a contract
with the City for public works or improvements to be performed for a
franchise, concession or lease of property, for grant monies or goods and
services or supplies to be ptrchased at the expense of the City or to be paid
out of monies deposited in the Treasury or out of tnrst monies under the
control or collected by the City.
"Disposable Food Service Ware" or "Takeout Food Ware" includes all
containers, bowls, plates, trays, cartons, cups, lids, straws, stirrers, forks,
spoons, knives, napkins and other items designed for one-time use for
prepared foods, including without limitation, service ware for food that may
be removed from the premises for consumption elsewhere. The terrt
"Disposable Food Service Ware" does not include items composed entirely of
ahuninum or glass, California Redemption Beverage Containers, or
polystyrene foam coolers and ice chests that are intended for reuse.
"Food Provider" means any business, organization, entity, group or
individual, including Retail Food Establishments, located in the Clty that
offers food or beverage to the public.
F.
H. "Person" means an individual, trust, firm, joint stock company, corporation
including government corporation, parfirership or association.
I. "Polystyrene Foam" means blown polystyrene and expanded and extruded
foams (sometimes called Styrofoam) which are thermoplastic, petrochemical
materials utilizing a styrene monomer and processed by aoy number of
techniques including, but not limited to, fusion of polymer
spheres(expandable bead polystyrene), injection molding, foam molding, and
exffusion-blown molding. Polystyrene foam is generally used to makes cups,
bowls, plates, ffays, clamshell containers, meat frays and egg cartons.
J. "Prepaled Food" means food or beverages, which are served, packaged,
cooke{ chopped, slice4 mixed brewed, frozen, squeezed or otherwise
prepared on the Food Provider's premises or within the City for individual
customers. For purposes of this Ordinance, Prepared Food includes takeout
food but does not include packaged raw, butchered meats, fish and/or poulfiy
sold from a butcher case or similar retail appliance. Prepared Food may be
eaten either on or off the premises.
K. "Retail Food Establishment" means all sales outlets, stores, shops, vehicles or
other places of business located within the City which operate primarily to sell
or convey foods or beverages directly to the ultimate consumer. Retail food
establishments shall include, but are not limited to, any place where food is
prepared, mixe{ cooked, based, smoked, preserved, bottle{ packaged,
handle4 store{ manufactured and sold or offered for sale, including any fixed
or mobile restaurant, drive-in, coffee shop, cafeteria" delicatessen, sandwich
shop, hotel, motel, movie house, theatre, bed and breakfast inn, tavern, bar,
cocktail lounge, nightclub, roadside stand, takeout prepared food place,
industrial feeding establishmenf catering kitcherq commissary, grocery store,
public food marke! produce stand, food stand or similar place in which food
or drink is prepared for sale or for service; and any organization or individual
which provides food or beverage as part of its service or in conjunction with a
special event it sponsors.
$6.27.020 Prohibited Disposable Food Service Ware
A. Retail Food Establishments and Food Providers may not sell, hand out, give
away, distribute or otherwise make available for public or customer use
Prepared Food in Disposable Food Service Ware that contains Polystyrene
Foam.
B. City Facility Food Providers may not provide Prepared Foods in Disposable
Food Service Ware that contains Polystyrene Foam.
C. Clty Deparbnents may not purchase, acquire or use Disposable Food Service
Ware that contains Polystyrene Foam.
D. City Contractors and Lessees may not use Disposable Food Service Ware that
contains Polystyrene Foam in City facilities and while perfiorming under a Clty
contract or lease.
$6.27.030 Non-food Packaging Material
It is the policy of the [City/County] to promote and encourage, on a vohrntary
basis, the use of alternatives to Polystyrene Foam in non-food applications such as
cushioning in shipping boxes or packages.
$6.27.040 Biodegradable Disposable Food Service Ware
It is the policy of the [CitylCounty] to promote and encourage, on a vohrntary
basis, the use of biodegradable Disposable Food Service Ware by Retail Food
Establishments in order to lessen the environmental harm of Disposable Food
Service Ware that becomes litter.
$6.27.050 Enforcement and Penalties
A. The Community Development Director or designee shall have primary
responsibility for enforcement and shall have the authority to issue citations
for violations of this Chapter. The Director or his/her designee shall issue a
written warning for the first violation, and shall lely a fine not exceeding
S100.00 for the second violation within one yea^r of the first wanring, and shall
lely a fine not exce6ding S500.00 for each subsequent violation.
B. Any person violating or failittg to comply with the requirements of this
Chapter shall be guilty of an infraction. If charged as an infraction, upon
conviction thereof, said person shall be pnnished for the first offense by a fine
of not more than $100.00 for a first violation; not more than $500.00 for each
subsequent violation in the first year.
C. The City Attomey may seek legal, injrurctive, or any other relief to enforce this
Chapter.
D. The Community Development Director or designee may inspect any Retail
Food Establishment premises to veriff compliance with this ordinance.
S6.27.060 Effective l)ate
A
This ordinsce shsll go into fiilI foree and effeet 180 days after final adopuon.
$627.070 Severrbility
If any section, subsection, sentence, clause or phrase of this Chapter is for any
reason held to be invdid or unconstitutiond by a deeision of any corut of
competent jruisdictioq such decision shall not affect the vatidity of the remaining
portions of the Chapter.
The foregoing Ordinance was introduced by Councilmember ata
regular meeting of the City Couneil of the City of Fort Braggon
20--, and adopted at a regular meeting held on
2A_-, by tbe foil,ou'ing vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
Attachment 3
The Problem of Polystyrene
Polystyrene food packaging is a serious and readily
preventable source of marine debris pollution. Polystyrene
food packaging is lightweight and aerodynamic, so it is easily
blown into gutters and storm drains even when "properly"
disposed of. Polystyrene is also very brittle, so when littered it
quickly breaks into small pieces making cleanup impossible.
377,579 tons of polystyrene are produced in California alone,
including 154,808 tons of food service packaging! That's
154,808 tons of over-processed plastics designed to head
straight to the landfill after a use time of a minute or less, the time it takes you to drink your coffee and
toss the cup.
Once in the marine environment polystyrene kills marine wildlife because it mimics food but causes
starvation or choking if ingested. Polystyrene food packaging contributes disproportionally to oceanic
plastic pollution. Over 80% of this plastic pollution comes from urban litter.
No polystyrene food packaging is recycled anywhere in California, although the plastic industry has
attempted to recycle polystyrene transport packaging (at a cost of thousands of dollars per ton). Most
curbside recycling programs in California do not accept any polystyrene plastic resin because it
contaminates recycling and is too easily accidentally littered in transportation.
Polystyrene food packaging is extremely costly to local governments, some of whom are required by law
to achieve "zero" trash litter in impaired waterways. Litter clean-up costs billions, and yet is still
ineffective. Polystyrene litter must be stopped at its source.
Attachment 4
Polystyrene Foam Report
What is it?
Polystyrene is a petroleum-based plastic made from the styrene
monomer. Most people know it under the name Styrofoam, which is
actually the trade name of a polystyrene foam product used for housing
insulation. Polystyrene is a light-weight material, about 95% air, with
very good insulation properties and is used in all types of products from
cups that keep your beverages hot or cold to packaging material that keep your computers safe during
shipping.
Why not use it?
• The biggest environmental health concern associated with polystyrene is the danger associated
with Styrene, the basic building block of polystyrene. Styrene is used extensively in the
manufacture of plastics, rubber, and resins. About 90,000 workers, including those who make
boats, tubs and showers, are potentially exposed to styrene. Acute health effects are generally
irritation of the skin, eyes, and upper respiratory tract, and gastrointestinal effects. Chronic
exposure affects the central nervous system showing symptoms such as depression, headache,
fatigue, and weakness, and can cause minor effects on kidney function and blood. Styrene is
classified as a possible human carcinogen by the EPA and by the International Agency for
Research on Cancer (IARC). A voluntary compliance program has been adopted by industries
using styrene. The US Department of Labor, Occupational Safety & Health Administration
unsuccessfully (a federal court overturned the ruling in 1992) tried to limit the amount of
worker exposure to styrene to 50 parts per million (ppm). According to the Styrene Information
and Research Center (SIRC), they still encourage their member companies to comply with the 50
ppm exposure limit. This program would reduce styrene exposures to a 50 ppm TWA with a 100
ppm (15 minute) ceiling.
-OSHA (US Dept of Labor, Occupational Safety & Health Administration)
• A 1986 EPA report on solid waste named the polystyrene manufacturing process as the 5th
largest creator of hazardous waste.· The National Bureau of Standards Center for Fire Research
identified 57 chemical byproducts released during the combustion of polystyrene foam. The
process of making polystyrene pollutes the air and creates large amounts of liquid and solid
waste.
• Toxic chemicals leach out of these products into the food that they contain (especially when
heated in a microwave). These chemicals threaten human health and reproductive systems.
• These products are made with petroleum, a non-sustainable and heavily polluting resource.
• The use of hydrocarbons in polystyrene foam manufacture releases the hydrocarbons into the
air at ground level; there, combined with nitrogen oxides in the presence of sunlight, they form
Attachment 4
tropospheric ozone -- a serious air pollutant at ground level. According to the EPA (U.S.
Environmental Protection Agency) more than 100 million Americans currently live in areas that
fail to meet air quality standards for ozone. California, the Texas Gulf Coast, the Chicago-
Milwaukee area, and the Northeastern U.S. all have "serious ozone air quality problems,"
according to EPA. Ozone is definitely a dangerous pollutant. The EPA says: "Healthy individuals
who are exercising while ozone levels are at or only slightly above the standard can experience
reduced functioning of the lungs, leading to chest pain, coughing, wheezing, and pulmonary
congestion. In animal studies, long-term exposure to high levels of ozone has produced
permanent structural damage to animal lungs while both short and long term exposure has
been found to decrease the animal's capability to fight infection." In other words, prolonged
exposure to atmospheric ozone above legal limits might be expected to damage the immune
system.
• By volume, the amount of space used up in landfills by all plastics is between 25 and 30 percent.
-"Polystyrene Fact Sheet," Foundation for Advancements in Science and Education, Los Angeles,
California.
• Polystyrene foam is often dumped into the environment as litter. This material is notorious for
breaking up into pieces that choke animals and clog their digestive systems.
• Many cities and counties have outlawed polystyrene foam (i.e. Taiwan, Portland, OR, and
Orange County, CA).
Can polystyrene be recycled?
• While the technology for recycling polystyrene is available, the market for recycling is very small
and shrinking. Many Americans are hearing from their curbside recycling agencies that they will
not accept PS goods. The good news is that the current Biopolymer revolution (biodegradable
polymers) is charting a path for producing environmentally friendly packaging material to
replace those peanuts. Corn based and other seeds known collectively as soapstock waste lead
the way. Some are already available as replacements. Perhaps the problematic recycling
situation will be solved by replacing the product.
• Polystyrene recycling is not "closed loop" - collected polystyrene cups are not remanufactured
into cups, but into other products, such as packing filler and cafeteria trays. This means that
more resources will have to be used, and more pollution created, to produce more polystyrene
cups.
-"Plastics Industry Grasps for Straws," Everyone's Backyard, January/February 1990, Citizen's
Clearinghouse for Hazardous Waste, p. 6.
Does polystyrene deplete the ozone layer?
• Initially a portion of polystyrene production was aided by the use of chlorofluorocarbons (CFCs),
the chemicals that break down ozone in the troposphere. When this issue came to light,
Attachment 4
polystyrene manufacturers negotiated a gradual phase-out of CFCs in the production process
and no CFCs have been used since the late 1980's.
• Though polystyrene manufacturers claim that their products are "ozone-friendly" or free of
CFCs, this is only partially true. Some polystyrene is now manufactured with HCFC-22, which,
though less destructive than its chemical cousins, CFC-11 and CFC-12, is still a greenhouse gas
and harmful to the ozone layer. In fact, according to a 1992 study by the Institute for Energy and
Environmental Research, HCFCs are three to five times more destructive to the ozone layer than
previously believed.
-"Study Finds CFC Alternatives More Damaging Than Believed," The Washington Post, December
10, 1989.
Why Use Alternatives?
• Post-consumer recycled paper, bamboo, corn plastics, etc. are easily renewable resources.
• All of these products biodegrade when composted.
• Paper products can be recycled at most people's doorstep where community recycling is in
place.
• In 1995, 40% of all US paper was recycled, including 32.6 million tons of paper & paperboard.
(EPA)
• Every ton of 100% Post-consumer waste recycled paper products you buy saves:
o 12 trees
o 1,087 pounds of solid waste
o 1,560 kilowatts of energy (2 months of electric power required by the average US home)
o 1,196 gallons of water
o 1,976 lbs. of greenhouse gases (1,600 miles traveled in the average US car)
o 3 cubic yards of landfill space
o 9 pounds of HAPs, VOCs, and AOXs combined
o 390 gallons of oil