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Home My WebLink About2001-11-07 Packet communities; and WHEREAS, United Way, Sonoma-Mendocino-Lake is primarily a group of volunteers from our own three-County community; and WHEREAS, contributions given by local peopIe through United Way, Sonoma- Mendocino-Lake help local people ttlrough organizations such as: The American t;?ed Cross, Big Brothers Big Sisters of Mendocino County, The Greater Ukiah Senior Center, WiIIits Seniors, Inc., People for People Ombudsman, Project Sanctuary, The Ford Street Project, Mendocino Family and Youth, North Coast Opportunities, Plowshares, Willits Community Services and Food Bank, Community Care Management, and The Ukiah Community Center; and WHEREAS, the City of Ukiah employees continue to generously support United Way, having contributed more than $2,800 in 2000; and WHEREAS, the City Council of the City of Ukiah wishes to congratulate United Way, Sonoma-Mendocino-Lake for its past endeavors and wishes it well in the current drive for funds to continue and even add to those charitable institutions it assists in our community. NOW, THEREFORE, I, PhilIip Ashiku, Mayor of the City of Ukiah, on behalf of my fellow City Councilmembers, Phil Baldwin, Kathy Libby, Roy Smith and Eric Larson, do hereby proclaim November 2001, as WHEREAS, United Way has now reached its 114th year of caring for those less fortunate working toward building strong, healthy than oLlrselves and UNITED WA Y MONTH IN THE CITY OF UKIAH and urge support from every citizen, to the extent possible, for this campaign, its volunteer workers, agencies, and programs. Dated: November 7, 2001 ITEM NO. 3b DATE: NOVEMBER 7, 2001 AGENDA SUMMARY REPORT SUBJECT: INTRODUCTION OF FIRE DEPARTMENT CAREER EMPLOYEES During the next three City Council Meetings, Fire Department Career Employees will be introduced to the Council. Tonight one of the three shifts, "C", will be introduced along with a new member of the administrative staff. An organizational chart of the Ukiah Fire Department is attached for the Council's information. Mark Clark is the Fire Apparatus Engineer/Paramedic. He has been employed by the City of Ukiah for the past 16 years. He serves as an Acting Captain and coordinates the annual fire engine pump testing. Skip Williams is a FirefightedParamedic. He has been employed by the City of Ukiah for six years. He serves as an Acting Captain and Acting Apparatus Engineer. He has over ten years experience operating ambulances and coordinates the Fire Department's Emergency Medical Supplies. Skip has lived in Ukiah since 1985 and enjoys triathlons, surfing, camping, traveling, and spending time with his 10-year-old son Nash. Mike Todd is a Firefighter/Paramedic. He has been employed by the City of Ukiah for three years. He serves as an Acting Apparatus Engineer. Mike lives on Cobb Mountain. He was previously employed with a private ambulance service and served as a volunteer fireflghter in the Santa Rosa area. His hobbies and interests include surfing, skateboarding, snowboarding, wakeboarding, and working out. Bobby Banks is a Firefighter/Paramedic. He was hired full-time ten months ago after serving as a Volunteer and Temporary Firefighter for the City of Ukiah. Bobby lives in the Ukiah area and enjoys snowboarding and other outdoor sports. Todd Roach is a Firefighter/Paramedic. He was hired on September 16, 2001. He comes to us from Contra Costa County where he was employed with American Medical Response. Todd currently lives in Antioch and enjoys motocross, snowboarding, and his Ducati motorcycle. Michael Stewart is a Temporary Firefighter. He has held this position for the past nine months. Michael lives in Forestville and enjoys skateboarding and scuba diving. He is currently enrolled in the Paramedic Program at Mendocino College. Andrea Bray is a new addition to the Fire Department as the Administrative Secretary, but isn't new to the City of Ukiah. Andrea previously was the Receptionist at the City Center for approximately three years. She lives in Ukiah with her husband and 16-year-old daughter. Andrea enjoys traveling, water skiing, motorcycle riding, and quality family time. RECOMMENDED ACTION: Receive introductions of Fire Department "C" Shift career personnel and new Administrative Secretary. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Requested by: N/A Prepared by: Dan Grebil, Interim Fire Chief Coordinated with: Candace Horsley, City Manager Attachments: Organizational Chart for the Ukiah Fire Department APPROVED: C~'~dace-Horsley, City Car~ager 3:\per\asrdevpermitcoord MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, September 19, 2001 4a The Ukiah City Council met at a Regular Meeting on September 19, 2001 the had been legally noticed and posted, at 5:02 p.m. in the Civic Center Coun~ Seminary Avenue, Ukiah, California. Roll was taken and the following Col present: Larson, Smith, Libby, Baldwin (arrived at 5:45 p.m.), present: Customer Services Supervisor Archibald, Public Utility Dir~ Services Director DeKnoblough, Police Captain Dewey, Finance Manager Fierro, City Manager Horsley, City Attorney Rapport, Sangiacomo, Deputy Public Works Director Seanor, ~rks Di Steele, Planning Director Stump, Police Chief Williams )0 iku. Staff Elton, City ER ,rk Ulvila. Adjourned to Closed Session' 5:03 p.m. lm CLOSED SESSION a. Conference with Legal Counsel- Significant exposure to litigation pursuant to Section 54956.9 (1 case) :ion (b) of Government Code Reconvened: 6:30 p.m. 3. PLEDGE OF AL Councilmember Baldwin led the . 4a. Present~ PRESENTATION of the Mendocino County American Red Leslie Ke~ Amen~ Cros for business as September 4, SM Council of the Mendocino Chapter of the oals of the local Chapter of the American Red ith the City Council. They have completed a plan She discussed the inflexible costs of doing to a Service Delivery Unit. She stated that at the g, the Board voted to voluntarily dissolve the local Chapter and that Red Cross as a Service Delivery Unit (SDU) which will at a lower cost. She continued to discuss the benefits of a continue to provide. She thanked Council for being a major Red Cross in the community. The Board requests that the City approval to waive the rent debt of $7,430. With the waiver of the rent debt by anization would be in a better financial position. fo Libby asked that Council waive the back payments to help the Red Cross get rent. She felt that under these times of national crisis, this is a small part that play. She recommended the matter be agendized at the October 3, 2001 meeting 0n. Regular Meeting September 19, 2001 Page 1 of 16 Mayor Ashiku thanked the Chapter for their efforts. 5. MINUTES 5a. Regular Meeting of July 18, 2001 Councilmember Libby noted a correction to page 1, last paragraph, the read "misinformation, and therefore the resolution was a little different than approved ." Discussion followed concerning the use of the word "process" requested by Councilmember Libby. It was noted that at that time, process by which the interviews were conducted and ap )ns tion" as the City Manager Horsley recalled that her Agenda Summa~ and the resolution as incorrect based on Council a~ minutes use the wording "process and resolution". Councilmember Libby also recommended read' "from two different meetings concerning amended resolution clarified by Council." top of the page should ~ssue, in order to have the Some members of Council the word "them" refers to the resolution. City Manager Horsley reco~ "Mayor Ashiku was of the o concerns of Council and should ce~ such as trash being kept out of sight, but leave unsightly and blighted sic the on the n to page 11, ph, should read' inances ;s not address the original area of the City. Issues and businesses that close down ,, Additionally, and she to be le= to C, included in ective, at the e ing of it picky, and or regarding ~ue. ~ssion that should be included in the minutes :! to staff to revise the draft ordinance ]ue. In addition, staff was directed to revise it ~d to schedule the new draft for a Planning towards the end of discussion and should be :he the Regular Meeting minutes of July 18, 2001, as corrected; vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, ABSENT: None. ABSTAIN' None. sil S Meeting of August 1, 2001 er Libby recommended a correction to page 2, under Unfinished Business, item "City Manager Horsley recommended this matter be continued since Libby, who requested this matter, is absent." is incorrect. She did not request should read: "City Manager Horsley recommended this matter be continued ~mber Libby requested to be present when this issue was addressed." Regular Meeting September 19, 2001 Page 2 of 16 Discussion followed concerning the request as to whether Councilmember Libby requested the matter be placed on the agenda. There was also discussion as to the City Manager's statement at the meeting. Councilmember Libby requested this correction because the statement in the incorrect. M/S Larson/Baldwin approving the Regular Meeting minutes of Augu,, carried by the following roll call vote: AYES: Councilmembers Ashiku. NOES: None. ABSENT: None. ABSTAIN: Councilmeml is and corrected; Mayor 6. RIGHT TO APPEAL DECISION Mayor Ashiku read the appeal process. 7. CONSENT CALENDAR M/S Larson/Smith approving items a through f a. Approved Disbursements for Month of Au~ b. Received Notification to Council Relative Superior Dam, LLC in an Amount not to Exceed $36 c. Adopted Resolution No. 2002-10 approving and Auth. Supplement No. M002 to Agency- State No. 01-5049; d. Awarded Bid for Purchas~ Northlake Ford-Mercury~ e. Awarded Professional Consultir ;ervices to Rau and Associates, Inc., to C Layer at the Ukiah Solid Waste Di ;ite; 6; icles in the !endar as follows: atable Dams From of Program Aid Projects nt of $85,065 to Time-And-Expense Basis, of the Existing Foundation Authorized Procuremt Services ith T. M. Hen $10 Provi~ Lan( Execution of Amendment to Consulting .~s, in the Amount Not to Exceed Services; B, d by the roll call AYES: Councilmembers Larson, Smith, Libby, ABSENT: None. ABSTAIN: None. 8. AUDIENi l. Smith, ssociated the drew combat $ ON NON-AGENDA ITEMS the Community Garden Project on Cleveland Lane and taking the food that is grown there. He invited Council to tour to the Mendocino Rangers Volunteers and the work they do to ed in forest areas. Lorie Leaf,: neig City 05 Clay St., Ukiah, addressed Council regarding barking dogs in her She would like the Mendocino County Animal Control to have jurisdiction within She felt it should be a priority for the City to be financially responsible to the for this service so that the appropriate agency can respond to this problem in a ,~r. embers Baldwin and Larson noted that the main compliant they receive from Regular Meeting September 19, 2001 Page 3 of 16 residents concerns barking dogs. 1 Community Services Director DeKnoblough advised that the Parks, Commission (Commission) has discussed an adjusted fee schedule for th~ Golf Course during its regular meetings of July 17 and August 21, and at September 11. In addition to the Commission meetings, staff held a Council Chambers on September 4, which was attended by and the Women's Golf Club. He advised that the fee increases the Men's and Women's Golf Club meetings at various times noticed appropriately in the newspaper and postings of the posted at the Golf Course Pro Shop so that golfers woul PUBLIC HEARING (7:00 P.M.) Adoption of Resolution Adjusting Fees for the Ukiah Municipal Golf gs :hop in the olf Club both The purpose of the fee adjustment is to offset annu; in a loss of approximately $210,000 over three and reverse the downward trend in reserv~ immediate adjustment to the fee schedule based upon the Consumer Price Index (CPI), each continued to discuss the Commission's efforts to establish the affordability factor while liminate the budget deficit proposed not only an cost of living increase, h 2006 to offset inflation. He ule th.~t would not exceed The Parks, Recreation, and increasing disparity betwee~ equitable fee schedule, and being that they can play during the wee adjustments was unanimous in favor s regarding the maintaining a fair and those Iow-income golfers so vote on the proposed fee have of all issues well July 1 and all of !meetings stated that the golfing community should because these discussions started on properly noticed. Dir, annual fees revenues ge of Golf Course income that comes from the er golfing fees. Imember not a as to what items could be cut from the Golf Course budget if rate increases. Director contractual would be to plained that some maintenance activities could be cut, as well as for tree improvements and aeration. A significant impact to the budget off personnel from work. H~ g Opened: 7:26 p.m. th~ is, Ukiah, explained that he pays an annual fee. He stated that the proposal hasn't d before the Men's Golf Club membership and he requested Council postpone 9cision until the Men's Golf Club meets next week so they will have time to consider the Regular Meeting September 19, 2001 Page 4 of 16 matter. He discussed and recommended increasing rates for out of town players. It was his opinion that part of the Bed Tax from the City and Council could be allocated toward operational expenses at the Golf Course. Public Hearing Closed: 7:35 p.m. Councilmember Baldwin inquired as to the number of times the Parks, Commission considered this matter. Iion, and ~lf Director DeKnoblough discussed the various meeting dates out that at the August meeting of the Men's Club, they had composed by the Commission. The only difference betwe; Council and that resolution was the change in the Mon~ resolution included Fridays, weekends, and the junior is favorable to the Monday through Friday rates, ~mission 4nted ~solution )n iday status. The on, that the Men's Golf onse to their concerns. Councilmember Smith inquired if there has recommended by Mr. Chiles earlier in the m~ for out of area rates, as City Manager Horsley explained that the City used to hav~ lowered based upon requests, ar isolated versus a destination lik~ play increased when they and then it was Ukiah is rather ts. It was found that rate. M/S Baldwin/Ashiku adopting Re: Golf Course. fees for the Ukiah Municipal Councilm~ Program would nl Junior ,rn with increasing the fees for the Junior Golf of money the increase would generate, it supportive of increasing the rates for the ~osed rate increases. D increased Commission felt many families could afford the establish scholarships for lower income players. his support of the proposed resolution and recommended the he issues that Mr. Chiles presented relative to other sources of Golf Course. amend the motion that there be no increase in the Junior Golf Program rates. lack of second. recalled that staff previously advised Council concerning the importance of with a thorough analysis of the Golf Course. He noted the Golf Course is very and if maintenance is curtailed, then revenues would decrease. Mt fion carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Baldwin, Regular Meeting September 19, 2001 Page 5 of 16 and Mayor Ashiku. NOES: Councilmember Libby. ABSENT: None. ABSTAIN: None. 10. 10a. City Manager Horsley advised that Solid Waste Systems, Inc. (SWS) has Station and commenced operations. They have also provided the off There was a substantial increase and additional costs for the off site im allowed in the contract. The contract provided for construction costs initial ten-year term of the Transfer Station and the second ten-' extended, would not include a construction component in the Ti element is quantity of garbage that is processed by the designed to accommodate all inland Mendocino government entity to commit to using the facility so far Staff and the Solid Waste subcommittee have met wil and other issues that have come to light. She rec~ amendment to the contract with SWS that would NEW BUSINESS Adopt Resolution Amending Transfer Station Contract with Solid Was' facility sfer with the was key noted in the Staff Report. City Attorney Rapport explained that the contract that meets those criteria. staff to bring back a Paul Caylor, Mendocino County resolution talks about an County has in the past given with other rights for a Council is going to consider an County to have rights under the City Manager that County staff there are a and ;olid Waste Division Solid Waste S, commitments th~ for t with the proposed the County. The flow control comes greement. He inquired if agreement, allowing the lould appreciate Council allowing staff to meet with :hanges in order to meet both parties' terms Mr. tran,, the City being involved. for :u felt it s a very specific clause regarding change of project goes forward, and if sometime in the future to rail hau It the Board of Supervisors would have an interest in ~oted that if the County is to approve 15 years of flow control, the City rights under the agreement between the City and SWS. more appropriate for Mr. Caylor to discuss his concerns with explained that Council could take Mr. Caylor's concerns into directing the City Attorney to review items 1-12 as proposed in the Staff the contract and bring the results back to Council for review and approval resolution, and that Staff continue to negotiate with the County and Solid Inc. for the interim contract. ncilmember Larson recommended staff report to Council regarding the County's Regular Meeting September 19, 2001 Page 6 of 16 concerns specifically in terms of issues they may have with the contract that may directly affect the City's intent, which is to properly amortize this project and spread the burden not only on City residents, but also on all the users or potential users. Motion carried by the following roll call vote: AYES: Councilmembers Larson Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: N ~by, Recessed: 7:55 p.m. Reconvened: 8:04 p.m. 10. NEW BUSINESS 10b. Discussion of City_ Policy Regarding Annexation City Limits City Manager Horsley advised that the City Council County representatives regarding the Brush Street the EIR that was performed by the City's nts. Administrative Officer CAO) raised a very participating in the cost for mitigations and other a lot of time, effort, or money forward if the City is going annex before they receive City water, that is if it turns out th available." She felt this is somethin that needs to be discu,, that in the past the City has pro, the property owners to sign a~ annex. There are several ht agree, but also LAFCO requires th ('T'! to the Brush Street City ever not have Outsi~ ) meet with Mendo.~iD0~. ~gle) mitigations contai~?i"~ the meeting, the (Chief "If we're going to be interested in putting uire that the property owners water e only water that's current policy, and and have asked to annex, they would y that the property owners with the County. The City hopes the bridge will be in and so the pote needed in thi: CAO for an area only the as re: ordinance th. in the uired. year Orchard Avenue to Brush Street, in area is very high. Water is something that will be notified ~ers, Dan Thomas, as well as Jim Anderson, ;cussed this issues revolve around development in the but also tiscretionary review would be required as well ~at woul~ on developers within the Triangle. As a ie thought that the County has agreed to pass an uire disc~ review and the implementation of the mitigations as was their understanding in the meeting that discretionary review would the develo assurance Stu that in terms of future development and discretionary review, uire discretionary review in the Triangle for many types of This has concerned City staff and led to staff's discussions to obtain some itigation measures. The County had indicated that they would be prepared to the adoption of a resolution or ordinance that would require at least CEQA ministerial or building permit. He was not sure if that would fulfill Council's design review and some other things that could be achieved through a true review process. He thought staff is close to finding the mechanisms that would both the City and the County. Regular Meeting September 19, 2001 Page 7 of 16 Mayor Ashiku explained that he was told before that they could develop their own water resource and that they weren't very concerned about it. His concern about changing the policy ~and requiring annexation, if it was the City's desire to have such a project annexed, is that if we extend into that service area we're agreeing to provide water to an unknown roject, costing our citizens opportunity in the future to utilize that resource which itted elsewhere without any direct reimbursement to the citizens or our hard time committing to a project of that magnitude without having Councilmember Larson stated that the traffic impacts, increased fire protection costs that we would assume through our service al Districts would be an impact on us that would not be addresse~ logical land use policy here and water is a component of it. a project, he would like to see what the project is and wi both in terms of City revenues and community service. contracts that don't involve probable or necessary review is vital to maintain our community develo It was his opinion that the County needs to due to a committee that couldn't seem to com~'to sc agreement. He felt that's where it needs to be resumt sts, and other s to the commun been worked on so hard. ceased to progress a revenue sharing overnment level. Councilmember Libby was of the felt that the City has been holdin because two jurisdictions see the City and County annexation is the ~erty owners hostage out their d. this matter. She to develop this land She would like to ake this work. Considerable discussion followed whether to require annexation prior to was also discu= :erning LAFC~ 9 pment in the Triangle and water outside the service area. There wolvement in the annexation process. ma shoL Ball of the o citizens Ukiah and the in the TrJ have to look after the best interest of the ay be immense negative impacts from full give up the control we currently have and we Mayor Ashiku apply that no one is deprived of an opportunity to develop their property and at the present time. Council has given staff direction to would satisfy the impacts of building that bridge. Jim And~ County Administrative Officer (CAO), stated that he appreciates with the County. He came away from the meeting with something markedly ~at has been presented to Council at this meeting. The last time they were of the Council was to look at the mitigations that would be necessary in approving the EIR that had been done for the area, to look at what is a sharing for those mitigations, to look at the issue of continuity of design for the and then return to Council with that information. In {~e meeting with staff he thought there was an understanding by all parties that if the City Regular Meeting September 19, 2001 Page 8 of 16 were to proceed with certification of the EIR, the mitigations outlined in the EIR would have to be addressed. His comments to the City representative were that the ratio would be determined by the availability of water. But if you look at the development that's anticipated in the EIR, from a moderate to large level, development can only be su available. From the perspective of the County, when talking about the miti¢ or the share of cost in those mitigations, water is a key variable that goes The extent to which water is available certainly provides more opt development in that area. With regard to discretionary review or position of the County that as development occurs on the 90 discretionary review and subject any of the projects to the development occurred, County staff would recommend to the cumulative impacts of development on the 90 acres would cost of the off site improvements. For the record he stated that the County is development of the valley like the Ukiah City that from a staff standpoint, they have discu~ commercial design standards for the City of possibly applying them to development in the Brush willing to consider and potentially propose to the Board of that annexation was not discussed is very open to discussions of an updating its General Plan an may be appropriate for pro ruled out at the staff level. intell far ai ~uch when he spoke with tax sharing agreem~ an annexatio is reg been the ~ld have ), as looking and proper plannin~ ign standards, he thought has worked on actual design standards and is something they would be 'sors. was of the opinion the County Board is looking at sharing agreements something they have not Councilmember Larson inquired if City's Design G Mr. Ande~ Su Igesting that the County adopt the the staff level but not with the Board of D annexation. revenue sharing agreement and the issue of ices were addressed. between and Company, one of the property owners of the property in that has had an application since 1995 to annex property and been don that time. He thought that the property owners are stuck two g entities. As a majority property owner in that area, he controls has been trying to get the City and the County together since 1995 to no avail. the EIR and construction in the 90 acres, he did not think anyone knows what's there in the next 10 or 15 years. He discussed the City's 20-year plan and to meet the needs of the community. The Agenda Summary Report comes as surprise to him in regards to the County's oversight in development of the 90 acres. It,,~ his understanding that when the City approved the EIR for the bridge, they identified mil gations. The basis for that EIR was a reasonable attempt at defining what would occur in Regular Meeting September 19, 2001 Page 9 of 16 the 90 acres. It was his belief that there was an attempt to assess what the mitigations would be for development of that land. In the original EIR, the City required that it would oversee the procedure regarding the County's review. He felt that the correct way is through CEQA. The compromise between all parties during discussions was that the County would a special overlaying district of 90 acres that would impose CEQA guidelines on th and there would be discretionary review. The last he heard, everyone was happ It's been a very frustrating experience for him to try to get the two entil Mayor Ashiku discussed his previous conversations with Mr. Thom, of the bridge and the advantages of being in the City. Previously, him that he wasn't dependent on the City's water or utilities. It that water is needed for this project. ~n City Manager Horsley explained that there are two be built and the water issue is not associated with talk about discretionary review, we are not mitigation process. Planning Director Stump stated he was confuSed he indicated discretionary review would occur but it is hii they had, it was clear the County was not contem discretionary review but rather review on building permits, there was no commitment to he had asked "Don't you process?" He thought it crucial for they have discretionary review. s comments in which that at the last meeting zoning district or require CEQA willing to listen but At that meeting the discretionary review major development, that City Attorney meaning of that might be occurring with regard to the discretionary review process. U~ Horsley specifically asked, "Are you saying you don't no". There may have been miscommunications M/S Baldwin that property owners must annex into the City prior to receiving water g the motion and adhering to the current policy. Libby was of the opinion that issues could be worked out between the City further discussions. Rapport explained that the informal policy previously adopted by Council vote of Council in order to hook up to water service outside the City limits. to discuss how the LAFCO law has changed since this policy was put into place. has discretion as to extending its water boundaries. Regular Meeting September 19, 2001 Page 10 of 16 There was some discussion concerning Mr. Thomas' application to LAFCO in 1995 for annexation that has resulted in no action. M/S Councilmember Baldwin/Ashiku calling for the question. Motion carried by the following roll call vote: AYES: Councilmembers Lar., Mayor Ashiku. NOES: Councilmembers Smith and Libby. ABSENT: Non{ 10. 10c. Customer Service Supervisor Archibald provided Council Public Benefit Fund. She explained that the report program, the Electric Vehicle lease program, the Photovol Program, and a one-time geothermal project resources of the Public Benefits Fund. She discuss~ staff in developing this report. At the end of tenan endi projected for the Public Benefits Fund. The to the programs provided will depend upon programs. Up until this year, Ukiah CARES was the onl, NEW BUSINESS Presentation of Programs Eligible to Utilize Money in po~ Currently the CARES program for the electric charges on thei Emergency Assistance. The~ current participation will co= discuss the overall results of the relief to about 532 in the form of m( st recently' ram $161 OV( an Energy within the pro' that were m y nd balance of $170,670 is r additional adjustments expenses of approved program within this fund. 9 families and Temporary in March of 2001. The a year. She continued to that total $4.8 million. Public Utilities Director Barnes expansion. He at there has would to the the one-time geothermal project an increase in steam production and the project Upon ing by tmember B~ t residenti~ re Ih regard to why staff is proposing more than Mr. Barnes explained that it has to do with the 3Kw for residential use. Councilmembi She al., program. inquired as to the percentage of generation that we obtain from the did not take the money out of the reserve fund, how would we that the percentage of generation is about 25-30%. He explained to be paid out of generation costs and the generation cost would increase. discuss the photovoltaic rebate, noting that it could be generation that the City SI relative to the photovoltaic rebate and purchasing the power. Archibald discussed details of each of the four scenarios presented for the program. She explained that if Council wishes to include providing additional relief to Regular Meeting September 19, 2001 Page 11 of 16 housing subsidized families, staff would recommend providing either Temporary Emergency Assistance or Monthly Discounts at a lesser rate for families not receiving allowances. Families that already receive other monthly subsidies may benefit more from obtaining relief that would pay up to $150 of electric bills each year. Implementing either Emergency ~nce of Monthly Discounts will provide much needed relief to a higher segment of to moderate-income community and have remaining funds available in the d for other programs the Council may have under consideration. Councilmember Baldwin was supportive of Scenario #2 and an in levels. Supervisor Archibald continued to explain the process by follow in order to be considered for the program. She note their application and makes the determination as far as Army Councilmember Libby was of the opinion that Co~ with funding of over $940,000 in an Energy not continued, then that money could be alloc~ Je and if this program were Councilmember Baldwin inquired as to the policy or someone in purchasing a new refrigerator. guidelines in order to assist Supervisor Archibald ex and may not necessarily however, they might be abh that is more energy efficient. take many forms income guidelines, a new refrigerator Director Barnes explained that m~ appliance, with ,e level con~ on the efficiency rating of the Discussio~ an Energy CARE~ ram for. ,~ cost,, Program and if it's worth expanding the noted. Mi in the long resources. Ev, it if it will Programs are important because it will save us the requirement for expansion of additional generation h it will cost personnel to administer the program, it should not be a long-range benefits. Coun~ ~ber Lars~ It there might be simple rebate programs that the City could admini,, wou a full time staff person. It was his opinion that the Public Benefits Fund shou subsidize Iow income people for the electricity bills to offset the high cost of energy and provide conservation measures to reduce our peak demand and need to purchase e especially at higher rates during peak periods. He discussed installing Section 8 housing units so that those individuals would not pay for electricity would be generating electricity for the City. It may be a good use of both ~.ion and public subsidies for people who really need them. He did not feel the City subsidize large corporations, but would prefer that a certain amount of this program be used to emphasis investment in local production of electricity like the solar interconnections. Regular Meeting September 19, 2001 Page 12 of 16 He would be supportive of those funds going toward people of Iow and moderate-income status. Mayor Ashiku referred to Scenario #1 of the Staff Report with regard to reb~ energy, and was very supportive of this $3 per watt rebate. solar Councilmember Baldwin explained that he previously had asked that thi for Council to consider an increase in the CARES program. He was su and to keep the Emergency Assistance at its current level of $300 eligibility to 170% of the Federal Guidelines. In order to fin~ recommended reducing the Energy Conservation Fund to $50 00, need factor, and reducing the commercial photovoltaic fun~ ),000 cenario #2 :reasing he Council discussed whether the amount of the rebate or not to adjust the commercial photovoltaic fund. adjusted, and wht Motion Baldwin Approving Scenario #2 for ti Assist at the current $300 maximum level, federal guidelines, reducing the Conservation Program consider some kind of need related benefits. Motion died ;eeping the Emergency levels to 170% of the ;0,000 level, and asking staff to k of set Councilmember Libby stated and the amount of income to know what 17( uidelines amounts to M/S Baldwin/Ashiku approving keeping the Emergency Assistant increase by reducing the Con~ ram with the amendments of level, and funding that 000 to $50,000 per year. A brief discu~ with regard as the ch; in from 120 to 1 king out the formula for other aspects such etc. CityJ is a ne~ not limits on the Photovoltaic Program so as an abundance of applications. There was di~ come u that fundi concerning the establishment of the Conservation Program. · stat~ interrupts the motion to mean that Council authorizes staff to a progra $50,000 and will report to Council with a program to match Consens~ Council approved the motion. ouncil staff for their work on the project and providing information to Council. BUSINESS uest for Funding of Park Desi._qn Trip to Redding and Chico, California anH Ashland, Oregon (Vice-Mayor Baldwin) Regular Meeting September 19, 2001 Page 13 of 16 Vice-Mayor Baldwin discussed touring parks in Redding and Chico, California and Ashland, Oregon. He suggested allocating $3,000 to send two Parks staff, two Councilmembers, and one City Planner on a three-day trip visiting these communities as Council considers what should be done with the 35 acres at the eastern portion of Gobbi Street. It w~ ~nspire Council to not settle for mediocrity in developing the 35 acres. Discussion followed relevant to the conception plan for the Riverside fencing for the park. There was also discussion regarding obtaini improvements to the Park. Uses in the surrounding area of the pal d funding City Manager Horsley noted that all of the money allocated r the been refunded, so there would be funds available for such Confen Consensus of Council was that $2,000 maximum be to look at park designs. traveling to these 10. NEW BUSINESS 10e. Approval of Conflict Waiver Under City Attorney Rapport advised that he sent a letter to a signed consent from everyone except the City of Ukiah. requested to assist Gary Weath~ the City's water ri~ Mendocino Russian River FIo, and Water Con., ("District") letter of July 23, ~cussed at the meeting. .~sponsibility of his clients and has received that he has been g to the .~nt District s September 5 Under the Rules of Professional R~ represents more than one client and ti lawyer is req potential con more of th ients wI the independ thos~ In this San what's going to this issue inv, ents to fin~ admini by the State Bar, if a lawyer ints coul~ ,e potential conflicting interest, the lose the re of those clients and explain the nature of the consents ~resentation, the lawyer can represent one or that g interest. All of the entities, including ~ers who a~ Ier rights experts who handle those issues for Weath~ who is the City's water rights lawyer, is based in for him to have a local lawyer who is familiar with ;'and who y present in the County to assist him in responding the Flood Control District. Before he did anything, he called all of his /ould have any objection to him doing this and none of them did. ~ber Lars~ uired if this would limit his representation of the other clients. explained that this is asking all the clients whether he can represent the in assisting Mr. Weatherford in responding to the Flood Control District's letter. that he would not be doing the same things for the other agencies as he the City because those agencies are relying on their own independent lawyers. will be able to continue representing them in issues other than water rights. ,/Smith approving waiver for David Rapport under Rules of Professional R~Ponsibility and authorize Mayor to sign the letter waiving the conflict. Regular Meeting September 19, 2001 Page 14 of 16 Councilmember Baldwin noted that it seems as though Redwood Valley does pose a potential threat considering their needs and their demands for project water, and that it is in conflict with the City's potential needs. He felt that would create the greatest pote~ :onflict. Discussion followed concerning the situation with Redwood Valley County regard to the availability of surplus water for Redwood Valley. City Attorney Rapport continued to explain the situation with Redw their water rights lawyer, Paul Manasian, was of the opinion that thi,, for Redwood Valley. He did not see how it could be adverse to 9 relationship that he will have in doing this work is with the represent the City's interests. that )nflict Mayor Ashiku stated that Gary Weatherford is defi~ Mr. Rapport will coordinate at a local level but ~ided any advise. City Attorney Rapport stated that he is not the autho merely trying to work with Mr. Weatherford to help him participate in discussions. Mr. Weatherford will be providi discuss the water situation with Valley. s response to the letter, but his recommendations and He continued to Councilmember Libby not~ interest because Mr. Ra ion by some er public of a conflict of !ities. City Attorney Rapport stated that issues. He explained that this was all involved. 'ice to the City regarding water water lawyer asked him to get Mayor of t! ~inion that Mr.~ has Council wi1 Iformation con~ has clarified what the conflicts could be and the issue. be real, that all fi with the waiver. that although the issue of public perception may are on record that they do not have a problem ried by and M~ NI roll call vote: AYES: Councilmembers Larson, Smith, Libby, ncilmember Baldwin. ABSENT: None. ABSTAIN: None. 11.COU Councilml He explain crease~ Larson reported that the League of California Cities did not have a meeting. hat MCOG announced the STIP funding allocations and they were slightly share of the non-competitive funds will be $850,000 to $950,000, which is was expected. The competitive portion of the funds will be distributed shortly. of Council regarding their opinion of whether we ought to support additional fu for the Willits Bypass that is called for out of this STIP allocation. He has serious reservations about it. It amounts to approximately $3 million of the $19 million STIP funding. If Regular Meeting September 19, 2001 Page 15 of 16 a majority of the Council would like to discuss it further, the matter should be agendized at a future Council meeting. He is getting prepared to meet with the Ukiah Players Theater and the Skateboard Committee. He received a letter today from one of their Board members and there may be some problems associated with that project ..... ~ili:,iiiiii!i~,i,,,,,,:.,,, Coun¢ilmember Smith reported that there was no legislative meeting of t~ii~gu~!iii!!i~xt week he will be attending the NCPA annual ,meeting. He had reported,~:~: last C0~il meeting that he would not be attending tonight s meeting because he W ~:~a business conference for his employer in Riverside. However, when he saw thg~~st o~i~genda of the Gibson Creek issue, he canceled his trip. '~!~'iiiii~iiiiii;~. '*:~':~:~.!'ii:~ii il i?:'~;?;~i~:~,,:~ .di~d City Manager Horsley reported that Phil Dow ow Willits Bypass additional monies and so there were before to be available to the cities. They went TAC has approved the City's Gobbi funds or not, it looks like we will be able to do be needed for )ver what was estim; ,cts that were submittE we get the SAFE it. She noted that staff is still looking at replacing the She distributed a letter to Council leaders of the City of Ukiah to b are asking the Adjourned to Closed 13. CLOSED SESSION a. G.C. §54957.6- Conference Emplo Labor No action b. Litigation (c) of Government Code Section 54956.9 (1 No action Reconvened a,m, IRNM There further the City Council meeting was adjourned at 12:15 a.m. Marie Ulvila. Clerk Regular Meeting September 19, 2001 Page 16 of 16 ITEM NO.: 6a DATE: November 7, 2001 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF OCTOBER 2001 Payments made during the month of October 2001, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedule of Bills, representing the four (4) individual payment cycles within the month. Accounts Payable check numbers: 35006-35127, 35130-35252, 35346-35458, 35460-35578 Accounts Payable Manual check numbers: 28748 Payroll check numbers: 34902-35005, 35128-35129, 35253-35345, 35459 Void check numbers: 34894-34901 This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1. RECOMMENDED ACTION: Approve the Report of Disbursements for the month of October 2001. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Kim Sechrest, Accounts Payable Specialist Coordinated with: Gordon Elton, Director of Finance and Candace Horsley, City Manager Attachments: Report of Disbursements APPROVED: Ca'dace Horsley, City(,.~anager KRS:W ORD/AGENDAAUG01 -1- H ('~ r..j · ~D 0 0 C) z o o~u~ o~ ~o~ M Z Z · ,< m © -2- O o 00 O 0 o o ~-I ~-4 ~ c~ co co , 0 00 cq cq O00000 000000 O00000 O00000 000000 COCOCO COCO 00 00 o o co cO 0 000 00 o 000 o"~ o'~ o~ cO cO cO o 0 H z ~ o°888°8o 000000 ZZZZ~ O00000M °88°°°8 O OO0 r~ z ~MO ~ M ~0 o8 xo o o o o 000 o o o o o 0 · o · 0 z CDX~o ~0~ ~0~0 ~ O000 ~CO~ t.Ot.O t. 0000 o Z ~ c~ 0 0a Z o o ~ ~ZZZZZZ o~ Z~ OH H~ ~z Zoo ~H O~ ~ HZZ ~ x mo o z o M , -3- O O O O O O O CD CD O .r-'{ ','--I ~--I ,'--I ,'--I ~--I ~ C~ O~ O~ O~ ~ O0 CO O0 CO CO CO o o o o o o ,Do c0 o c-x1 Lf~ O ~ CD c~ o o o o o o o ~-i ch o'~ co co ~ ~., 0q o o,1 00 o o 88 ~ H O °88 ~ o z a~ OmO E~ 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Dm> ZZZZ~ OOOO~ ~~O _r-,m Z% OC~ r....) % Z 0 Om o ~ z H ~q oo o E~O O~ ,,~0 a~ o ~ zzz z ooo z o ~q © oo ~oo -56- 000000000 ~000 ~HHH 0000 ~o~ OOOOOO oSS~So o o~~ 000000 O0 c~ c> 0 0 oSSa°SS©oo oo ~~o~o ......... ~H ~~0 o ZZ 0 0 H ~ H H 0 Z E~ 0 E~ 0 ~Z 000000 0~0~ ...... ZH~HHH 0 ~~0 HHHO 0H~HHHO D D D 000 E~c~ Z"- ~Ln 0o] (.)o Z 0 Z~ or~ Z ~ H _~ Om Z ~ Z Z ~ Z Z Z~Z ~ Z 0~ ~0~ H ~ 0 > -57- O~ 0 0 ~0 0 ~ ~~0 ~ ~ ~ 0000 ~0 ~ ~ 0 Z 0 Z ~ 0 ~ Z ~ Z O~ ~Z H 0 Z 0 H ~0 HO~ ~H~ ~ -58 r0 . ko 0 ' 0 0 L~ Z CO 0 ~ ITEM NO. 6b DATE: November 7, 2001 AGENDA SUMMARY REPORT SUBJECT: REPORT TO CITY COUNCIL REGARDING PURCHASE OF CHLORINE TABLETS FOR THE UKIAH MUNICIPAL SWIMMING POOLS FROM LINCOLN EQUIPMENT IN THE AMOUNT OF $6,899.36 SUMMARY: Pursuant to the requirements of Section 1522 of the Municipal Code, staff is filing with the City Council this report regarding the purchase of chlorine tablets for the Municipal Swimming Pools from Lincoln Equipment Inc., in the amount of $6,899.36. Requests For Quotation (RFQ) sheets were sent out to all qualified bidders who carry the specialized dry chlorine briquettes utilized by the pool's chlorination system. Bids were returned by Lincoln Equipment and Chem Quip with Lincoln being the Iow bidder. Attached for Council's review is the bid summary. This item is budgeted in the 100.6130.690.001 account. RECOMMENDED ACTION: Receive report regarding purchase of chlorine tablets from Lincoln Equipment in the amount of $6,899.36 ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City Council Sage Sangiacomo, Community Services Supervisor Candace Horsley, City Manager, Larry W. DeKnoblough, Community Services Director and Nora Kennedy, Purchasing Supervisor 1. Bid Summary APPROVE~ 1.~.~~'~,_. Ca-~n~dace Horsley~C~y Manager Ukiah Municipal Swimming Pool Chlorine Tablets Bid Summary October 22, 2001 1. Chem Quip Inc. $7,365.04 2. Lincoln Equipment Inc. $6,899.36 ITEM NO. DATE: November 7, 2001 AGENDA SUMMARY REPORT SUBJECT: AWARD BID FOR HIGH VOLTAGE LINE CLEARING AND TREE TRIMMING AT VARIOUS LOCATIONS WITHIN THE CITY OF UKIAH TO FAMILY TREE SERVICE IN AN AMOUNT NOT TO EXCEED $30,000. Included in the 2001/02 Budget, Account No. 800.3728.250.000 is $30,000 for tree trimming. Sufficient funds are available. Bid packages were sent to ten tree trimming contractors. Two bids were received and opened by the City Clerk on September 12, 2001 at 1:00 p.m Family Tree Service submitted a bid based on an hourly rate of $105.00 for a three person crew. Family Tree Service has provided all required documentation to verify high voltage line clearing experience as required in the bid package. The appropriate insurance has been provided. Therefore, staff recommends that the bid be awarded to Family Tree Service in an amount not to exceed $30,000. RECOMMENDED ACTION: Award bid for high voltage line clearing and tree trimming at various locations within the City of Ukiah to Family Tree Service in an amount not to exceed $30,000. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject all bids. Citizen Advised: N/A ~,.~' Requested by: Stan Bartolomei, Electrical Supervisor Prepared by: Judy Jenney, Purchasing & Warehouse Assistant Coordinated with: Candace Horsley, City Manager Attachment: Bid results APPROVED: Candace Horsley, C~y Manager TREE TRIMMING BID RESULTS Family Tree Service West Coast Arborists, Inc. $105.00 hr./3 man crew No Bid 6d ITEM NO. DATE: NOV 7, 2001 AGENDA SUMMARY REPORT SUBJECT: NOTIFICATION TO THE CITY COUNCIL REGARDING THE PURCHASE OF A CHLORINE ANALYZER FROM MISCO FOR THE SUM OF $6,265.00 PLUS TAX. Included in the 2001/02 Wastewater Budget, Account Number 612.3580.302.000, are funds to repair existing process instrumentation, specifically a chlorine analyzer. Staff found it much more economical to purchase a new chlorine analyzer than to repair the existing instrument. Requests for quotation through the informal bid process were sent to four firms that supply process instruments. Two firms submitted bids for this chlorine analyzer. The lowest bid is from MISCO for the sum of $6,265.00 plus tax. A Purchase Order has been issued to MISCO for this chlorine analyzer. Based on our purchasing policies, we are giving the City Council the required notification of this action. RECOMMENDED ACTION: Receive and file report regarding the purchase of a chlorine analyzer from MISCO for the sum of $6,265.00 plus tax. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Prepared by: George Borecky, Water/Sewer Operations Superintendent Coordinated with: Candace Horsley, City Manager Attachments: Tabulation of Bids APPROVED: Candace Horsley, City Manager OCTOBER 2001 TABULATION OF BIDS FOR CHLORINE ANALYZER MISCO California Environmental Controls $6,265.00 plus tax $6,975.00 plus tax AGENDA SUMMARY ITEM NO. 6e DATE: November 7, 2001 REPORT SUBJECT: AUTHORIZATION OF SOLE SOURCE PROCUREMENT OF POLICE TRANSCRIPTION SERVICES FROM TRANSPOSITIONS, NOT TO EXCEED $20,000 Since 1997, Jennie Martin-Gall, ("Transpositions") has been providing transcription services for the Ukiah Police Department (UPD). During this time period, Transpositions has developed a vast number of capabilities to meet the required specifications of the department from an outside vendor. These include: 1. Clearance to transcribe confidential criminal and internal investigations from the Ukiah Police Department, District Attorney's Office, Public Defender's Office, and Mendocino County Sheriff's Office. 2. Software development of UPD report formats. 3. Development of computer resources to connect and work within the Ukiah Police Department's computer network using secure communications. 4. Advanced training in Criminal Investigation formats and reporting standards. 5. Training in the use and maintenance of the Department's computerized records management systems. 6. Establishment and maintenance of the Ukiah Police Department's arrested person database system. 7. Maintenance of a current Professional Liability Occurrence Insurance Policy. The Police Department has negotiated a monthly compensation of $1,666.66 (average hourly rate of $20.83, with a maximum of 20 hours per week) for this service with Transpositions. Transcription services within our area currently range from $27.00 per hour and above, with transcriptionists charging a "by word or by line" fee. Due to Transpositions unique qualifications and compliance with the required specifications of the department, and the savings negotiated, it is recommended that the City Council authorize award of sole source contract to Transpositions for expanded dictation services. Funds for these services are budgeted in the Local Law Enforcement Block Grant Fund, Fund 207. RECOMMENDED ACTION: Authorize Award Of Sole Source Contract, Not To Exceed $20,000, To Transpositions For Police Department Transcription Services. ALTERNATIVE COUNCIL POLICY OPTION: Reject proposal and provide staff with direction for alternate action. Citizen Advised: N/A Requested by: Ukiah Police Department Prepared by: Chris Dewey, Police Captain Coordinated with: Candace Horsley, City Manager and John Williams, Police Chief Attachments: None APPROVED: Candace Horsley, City'Manager ITEM NO. DATE: 6£ Nr~v~.mh~r 7, 2C)C)1 AGENDA ~I_IMMARY REPORT SUBJECT: Approval of Budget amendment of $28,094 to Lake Mendocino Hydroelectric Plant Operations & Maintenance Contractual Services, account #800-5536-250-000, for additional repair costs REPORT: The cost to repair the Lake Mendocino Hydroelectric Plant has exceeded the budgeted amount of $110,000. The additional repair costs include: 1) two inflatable dams for $36,752, 2) replacement plate design changes and schedule restrictions mandated by the U.S. Army Corps of Engineers for $30,805, and 3) supplied air equipment and training due to the presence of hydrogen sulfide in the work area for $12,537. The total cost of the repair contractual services was $138,094; less the amount budgeted resulted in a budget shortfall of $28,094. Approval of a budget amendment to authorize these expenditures is necessary. There are no General Fund monies involved with this project. RECOMMENDED ACTION: Approve amendment to 2001/2002 budget increasing expenditures in account #800-5536-250-000 by $28,094 for additional repair costs to the hydroelectric plant. ALTERNATIVE COUNCIL POLICY OPTIONS: Direct staff as to alternatives. Citizen Advised: N/A Requested by: Darryl L. Barnes, Public Utilities Director Prepared by: Ann Burck, Administrative Analyst Coordinated with: Candace Horsley, City Manager Attachments: Budget Amendment worksheet Candace Horsley, City Ma~l'ager ITEM NO. 6g DATE: November 7, 2001 AGENDA SUMMARY REPORT SUBJECT: AWARD THE BID FOR THE PURCHASE OF LIQUID POLYMER TO JENCHEM, INC. FOR THE SUM OF $20,820 REPORT: Each year it is necessary to purchase approximately 60,000 pounds of liquid polymer. Liquid polymer is a coagulant used to aid the filtering of the water at the water treatment plant. This product has proven to provide the most efficient and cost effective filter process. Total quantities are an estimate of annual usage. Orders are placed on an as needed basis by water treatment plant personnel. $60,000 is budgeted in Account Number 820.3908.520.000 for the purchase of chemicals. Requests for Quotations through the formal bid process were sent to nine chemical suppliers. Four bids were returned and opened by the City Clerk on October 31,2001. The lowest bid is from Jenchem, Inc. with a bid price of $.347 per pound and a total amount based estimated annual usage of $20,820. Staff recommends that the bid for liquid polymer be awarded to Jenchem, Inc. for the sum of $20,820. There is no known local supplier of this type of chemical. RECOMMENDED ACTION: Award the bid for liquid polymer to Jenchem, Inc. for the sum of $20,820. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject bids and remand to staff with direction as to alternative action. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Darryl L. Barnes, Director of Public Utilities George Borecky, Water/Sewer Operations Superintendent Candace Horsley, City Manager 1. Bid Tabulation APPROVED: Candace Horsley, Cit~anager October 31,2001 BID TABULATION LIQUID POLYMER Jenchem, Inc $20,820.00* Stockhausen $22,140.00 Kimron Companies, Inc $22,500.00 NTU Technologies, Inc $23,340.00** * Terms--2%/20-net 30 * * Terms = 2/10 URGENCY ITEM ITEM NO...,c~. C ¼ DATE: NOVEMBER 7, 2001 AGENDA SUMMARY REPORT SUBJECT: REJECTION OF CLAIM FOR DAMAGES RECEIVED FROM JACOB A. BARNES AND REFERRAL TO JOINT POWERS AUTHORITY, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND The claim from Jacob A. Barnes was received by the City of Ukiah on October 15, 2001 and alleges damages to appliances due to power surges on October 10, 2001 at 1080 Helen Ave. Pursuant to City policy, it is recommended the City Council reject the claim as stated and refer it to the Redwood Empire Municipal Insurance Fund (REMIF). RECOMMENDED ACTION: Reject Claim For Damages Received From Jacob A. Barnes And Refer It To The Joint Powers Authority, Redwood Empire Municipal Insurance Fund. ALTERNATIVE COUNCIL POLICY OPTIONS: Alternative action not advised by the City's Risk Manager. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Yes Claimant Michael F. Harris, Risk Manager/Budget Officer Candace Horsley, City Manager 1. Claim of Jacob A. Barnes, pages 1-3. A P P ROVE 19.:~~,' "k,~ Candace Horsley, Oit~ mfh :asrcc01 1017CLAIM Manager NOTICE OF CLAIM AGAINST THE CITY OF U×iAH, CALIFO This claim must be presented, as prescribed by Parts 3 and 4 of Division 3.6, State of California, by the claimant or by a person acting on his/her behalf. RETURN COMPLETED FORM TO: · 1. CLAIMANT'S NAME: 2. CLAIMANT'S ADDRESS: CITY OF UKIAH Attn: City Clerk 300 Seminary Avenue Ukiah, California 95482 Government OCT ] 5 2001 CITY OF UKIAI. CITY CLERK'S DEPARTMENT Number/Street and/or Post Office Box City State Zip Code Home Phone Number (~7), Work Phone Number 3. PERSON TO WHOM NOTICES REGARDING THIS CLAIM SHOULD BE SENT (if different from above): Name Number/Street and/or Post Office Box C~y 4. DATE OF THE ACCIDENT OR OCCURRENCE: 5. PLACE OF ACCIDENT OR OCCURRENCE: (, ), Te/ephone . Ftate Zip Code GENERAL DESCRIPTION OF THE ACCIDENT OR OCCURRENCE (Attach additional page(s), if more space is needed): t NAME(S), ff known, OF ANY PUBLIC EMPLOYEE(S) ALLEGEDLY CAUSING THE INJURY OR LOSS: Si WITNESS(ES), ff known (optional): Name a. Address Telephone be 9. DOCTOR(S)/HOSPITAL(S), ff any, WHERE CLAIMANT WAS TREATED: Name Address a. b. Telephone ,10. GENERAL DESCRIPTION OF THE INDEBTEDNESS, OBLIGATION, INJURY, DAMAGE QR LOSS,so far as/t may be known at t e time ofpresentation of the claim* ~' 11. 12. STATE THE AMOUNT CLAIMED if it totals less than ten thousand dollars ($10,000) a~ of the date of presentation of the claim, including the estimated amount of any prospective injury, damage orioss, insofar as it may be known at the time of the presentation of the claim, together with the basis of computation of the amount claimed (for computation use #12 below). However, if the amount claimed exceeds ten thousand dollars ($10,000), no dollar amount shall be included in the claim. However, it shall indicate whetherthe claim would be a limited civil case (CCP § 85)." ~ Amount Claimed $ or Applicable Jurisdiction / THE BASIS OF COMPUTING THE TOTAL AMOUNT CLAIMED. !S AS FOLLOWS: a. Damages incurred to date: Expenses for medical/hospital care: Loss of earnings: 'Special damages for:. General damages: b. Estimated prospective damages as far as known: Future expenses for medical and hospital care: Future loss of earnings: Other prospective special damages: Prospective general damages: This claim must be signed by the claimant or by some person on his/her behalf. A claim'relating to a cause of action for death or for injury to the person or to personal property or growing crops shall be presented not later than six (6) calendar months or 182 days after the accrual of the cause of action, whichever is io_.q_n_~er. C/aims relating to any other causes of action shall be presented not later than one (1) year after ac~f~e-f:ap~e of action. Dated: /0 '-/ £ - ~ / ,/" ~,~~-'~~E OF CLAIMANT(S) NOTE: This form of claim is for your convenience only. Any other type of form may be used if desired, as long as it satisfies the requirements of the Government Code. The use of this form is not intended in any way to advise you of your legal rights or to interpret any law. if you are in doubt ~=garding your legal rights or the interpretation of any law, you should seek legal counsel of your choice at your own expense. AGENDA SUMMARY ITEM NO. 8a DATE: November 7, 2001 REPORT SUBJECT: PUBLIC HEARING REGARDING SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND, CITIZENS OPTION FOR PUBLIC SAFETY (COPS) GRANT OF $100,000, AND APPROVAL OF SPENDING PLAN Assembly Bill 3229, signed into law in 1996, established the Citizen's Option for Public Safety (COPS) Program. This legislation appropriates annual funding to supplement and enhance existing law enforcement services to communities. A public hearing by the City Council is required to approve the Police Department's spending plan for this year's allocation of $100,000. For the current fiscal year (FY), the Police Department plans to use these funds for three projects. At the October 17th, 2001 City Council meeting, the Council awarded a bid to Masterson Communications for the City's Radio Communications Improvement Project. It is proposed that $9,394 of the COPS funding be used to complete this project. Other funds are to be used for the new Civic Center Addition and Police Evidence Facilities. The new evidence facility will provide the Police Department with much needed room for the processing and storage of criminal evidence. The Department has established a planning committee to research and plan for technical evidence processing equipment and facilities, evidence collection equipment, evidence inventory equipment, and evidence storage facilities. The third component of the plan will be to reconfigure the existing evidence area in the Police Department for more efficient operational activities after the move. The City Council's approval of this specific three part-spending plan for Fiscal Year 2001/02 is requested. Both funding and expenditures are included in the adopted budget in Fund 205, Supplemental Law Enforcement Service Funding. RECOMMENDED ACTION: . Hold Public Hearing for the COPS Grant FY 2001/02. Approve three part departmental spending plan including City Radio Communications Improvement project, Police Evidence facility, and reconfiguration of current department space. ALTERNATIVE COUNCIL POLICY OPTION: Determine spending plan is not appropriate and provide staff with alternate direction. Citizen Advised: N/A Requested by: Ukiah Police Department Prepared by: Chris Dewey, Police Captain Coordinated with: Candace Horsley, City Manager and John Williams, Police Chief Attachments: None APPROVED: (-" ~ ~f o-- ¢¢-0 Y5 / ~,/¢ '~/=' er Candace Horsley, Ci~Ma ag AGENDA SUMMARY ITEM NO. DATE: November 7, 2001 REPORT SUBJECT: PUBLIC HEARING REGARDING CALIFORNIA LAW ENFORCEMENT EQUIPMENT PROGRAM (CLEEP) GRANT OF $34,823, APPROVAL OF SPENDING PLAN, AND ADOPTION OF BUDGET AMENDMENT On October 22, 2001 the City of Ukiah's application for grant funding from the California Law Enforcement Equipment Program was approved for $34,823 with no local matching funds required. A public hearing to consider a proposed spending plan is necessary prior to the expenditure of these funds. Also, since this grant amount was unknown when the budget was adopted, a budget amendment is necessary to account for the revenue and expenditures. The California Law Enforcement Equipment Program funding, as defined in State law, has been designated to "supplement existing services, and shall not be used to supplant any existing funding for law enforcement services." Further, the law has the provision that these funds are intended for the purchase of high-technology equipment by local law enforcement agencies. This money must be expended prior to the end of the current fiscal year. For this fiscal year, the Police Department plans to use these funds to purchase high- technology evidence collection related equipment for the new Police Evidence Facilities. The Department has established a planning committee to research and plan for technical evidence processing equipment, evidence collection equipment, evidence inventory equipment, and evidence storage equipment. The City Council's approval of this spending plan for fiscal year 2001/02 is requested. The Budget Amendment will increase revenue in account 250.0600.488.902 and expense in account 250.2001.800.902 by $34,823 each. RECOMMENDED ACTION: 1. Conduct Public Hearing for the CLEEP Grant FY 2001/02. 2. Approve departmental spending plan. 3. Approve amendment to the 2001/02 budget increasing revenue in account 250.0600.488.902 by $34,823 and expenditures in account 250.2001.800.902 by $34,823. ALTERNATIVE COUNCIL POLICY OPTION: Determine plan is to be amended and provide staff with alternate direction. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: APPROVED: N/A Ukiah Police Department Chris Dewey, Police Captain Candace Horsley, City Manager and John Williams, Police Chief Budget Amendment Worksheet Candace Horsley, L;itty Manager ATTAb"HMENT~ o .. AGENDA SUMMARY ITEM NO. 9a DATE: November 7, 2001 REPORT SUBJECT: CONSIDERATION AND APPROVAL OF AMENDED CONTRACTS WITH SOLID WASTE SYSTEMS, INC. FOR THE TRANSFER STATION AND GARBAGE COLLECTION AND RECYCLING On September 19, 2001 the Council approved several changes to the Transfer Station contract and the Garbage Collection and Recycling contract with Solid Waste Systems (SWS) and directed the City Attorney to amend the contracts and bring the results back to Council for review and approval. Attached are the revised contracts with the changes as discussed on September 19, 2001. The highlights of the changes are: 1) There is no CPI based rate adjustment as of July 1,2001. 2) SWS will implement Single-stream Recycling, Automated Collection System by January 15, 2002. (continued on page 2) RECOMMENDED ACTION: 1) Approve the contract for the, Transfer Station Contract between Solid Waste Systems, Inc., North Bay Corporation, and the City of Ukiah. 2) Approve the Amendment to Contract for Collection, transportation and Disposal of Garbage, Refuse, and Rubbish and Recycling of Recyclable Materials from within the City of Ukiah ALTERNATIVE COUNCIL POLICY OPTION: Provide staff with alternative action. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City Council and Solid Waste Sys~,s~ Gordon Elton, Finance Director ~ Candace Horsley, City Manager; David Rapport, City Attorney 1. Transfer Station Contract with Solid Waste Systems, Inc., North Bay Corporation, and the City of Ukiah. 2. Amendment to Contract for Collection, transportation and Disposal of Garbage, Refuse, and Rubbish and Recycling of Recyclable Materials from within the City of Ukiah APPROVED: Horsl~y, Cit~nager 3) The term of the Transfer Station contract will change from a ten year term with a ten year renewal option to a fifteen year term. 4) The City will receive title to the transfer station at the end of the 15 year term with no additional payment for the land or any unamortized construction costs. 5) SWS is allowed to negotiate an interim contract and a 15 year contract with Mendocino County. 6) The tipping fee will be $50.50 per compacted ton, whether the County sends its compacted waste to the transfer station or not. 7) The tipping fee will be $10.75 per non-compacted (loose) cubic yard. 8) A percentage of any recovery of construction costs from third parties will reduce the construction cost component of the tipping fee. 9) The Collection contract will be amended to a fifteen year term. 10) The construction component of the rates will end when construction costs are fully amortized, based on actual tonnage, or the end of the 15 year contract term, whichever comes first. 11) The City will no longer collect 3% of the commercial garbage revenue as a billing fee. This revenue becomes part of the funding of the garbage collection contract. 12) The City will collect a contract oversight fee of$10,000 per year for coordination and oversight of services to commercial customers. 13) The portion of the garbage rate that paid for green-waste disposal at the landfill will be included in the SWS revenue stream for fimding collection and disposal operations. 14) Garbage rates will be adjusted by 75% of the CPI two of every three years. The third year rates will be adjusted as part of a Council review of pertinent financial data. 15) SWS will receive $30,000 annual payment for recyclables collected within the City limits of Ukiah. This amount was identified after reviewing historical data concerning market demand and revenue for sales of recyclables. This fee will be subject to review every three years. The sections of the Transfer Station contract, with changes, are: The title paragraph on the first page. 1) Section 2.02. Start of Operations a) Incorporates the previous contract amendment, which revised the intended date for the commencement of operations, into this agreement. GE: SWS Contract Page 2 of 4 2) Section 4.01. Components of Service Fee. a) Eliminates the prohibition of charging a higher fee to non-City of Ukiah residents, unless the County enters a fifteen year agreement with SWS. b) Establishes the initial Transfer Station fee at $50.50 per compacted ton for City of Ukiah residents, until September 30, 2002, regardless of whether the County sends its compacted waste to the Transfer Station or not. c) Establishes the initial Transfer Station fee at $50.50 per compacted ton for non-City of Ukiah residents, until November 30, 2001, unless a 15 year contract is completed for non-City acceptable waste. d) Establishes the Operating Cost Component at $7.60 until October 1, 2002. e) Establishes the Transportation Cost Component at $11.54 until October 1, 2002. f) Establishes the Disposal Cost Component at $19.00 until October 1, 2002. 3) Section 4.02. CPI Adjustment a) Changes the dates the CPI adjustment will be made from July 1,2001 to September 30, 2002 and each September 30 thereafter. 4) Section 4.06. Construction Costs a) Removes language about Contractor securing a low interest loan. b) Establishes the Construction Cost Component at $12.36 per compacted ton. c) Establishes the amortization period for the construction cost at the lesser of 15 years or full amortization of the construction cost at 5% simple interest. d) Eliminates prospective language, which dealt with potential construction costs. e) Reduces the construction costs that are to be amortized to the customers by 50% of the net recovery from third parties. 5) Section 4.09. Self Haul Service Fee a) Establishes $10.75 per cubic yard as the fee for self haul garbage. b) Establishes that $6.71 of the self haul fee is subject to fee adjustment provisions of Sections 4.02 and 4.03 of the agreement. c) Establishes that the Construction Cost Component, of the self-haul service fee, as $2.70. d) Establishes that the Construction Cost Component, of the self-haul service fee will be eliminated on the same basis as the Construction Cost Component of the per ton fee. 6) Section 12.01 Purchase of Improvements and Equipment. a) Establishes that the City will pay nothing for the improvements if the contract remains in effect for the fifteen year period, even if the construction costs are not fully amortized. 7) Section 12.02. Purchase or Lease of Site. a) Establishes that the City will pay nothing for the real property the transfer station is located on, if the contract remains in effect for the fifteen year period. 8) Section 14.01. Term of Contract. a) Changes the term of the contract from ten years to fifteen years. GE: SWS Contract Page 3 of 4 The changes to the Collection contract are fewer and less complex. Section 2. Term of the Contract The term of the contract is changed from ten years to fifteen years. Section 4. Payment. Identifies the schedule of CPI based rate adjustments and establishes the third year review will occur in 2004. Section 6. Garbage Collection Billing. a. Eliminates the 3% billing fee for commercial accounts that are billed directly by Solid Waste Systems. b. Establishes a contract coordination and oversight fee of $10,000.00. Section 8. Sale of Recyclable Materials. Establishes the fair market value ofrecyclables collected from the curbside and from commercial accounts and identifies that the fair market value ofrecyclables will be re-evaluated as part of the third year review. Section 8. Expansion of Program. Requires the Contractor to implement a Single-Stream Recycling Automated Collection System for picking up co-mingled recyclable materials in one recycle container. These changes implement the agreements reached during negotiations conducted during the past months, and presented to the City Council in September. Staff recommends approval of the amended contracts. GE: SWS Contract Page 4 of 4 TRANSFER STATION CONTRACT BETWEEN CITY OF UKIAH SOLID WASTE SYSTEMS, INC. TABLE OF CONTENTS ARTICLE 1. DEFINITIONS .............. 4 ARTICLE 2. CONTRACTOR RESPONSIBILITIES ...... 2.01. Facility Design, Permitting and Construction ............... 2.02. Start of Operations .......... 2.03. Waste Transfer, Transportation and Disposal, Recycling .... 2.04. 2.05. 2.06. 2.07. 2.08. 2.09. 2.10. 2.11. 2.12. 2.13. 2.14. 2.15. 2.16. 2.17. 2.18. 2.19. 2.20. 2.21. 2.22. 2.23. Operation by Contractor. Operational Standards. Hours of Operation .... Maintenance ....... Mobile Equipment .... Staffing ........ Operational Procedures . Buy-Back Recycling Drop-Off Recycling Household Hazardous Yard and Wood Waste Reuse Facility. . Unacceptable Waste Refusal of Waste Title to Waste . Subcontractors . Title ...... Permits ..... Records and Access Applicable Law . Waste Recycling p v ]~ ~..ec~c__n= . . . Prohibited . . . 14 14 15 15 16 16 17 17 17 18 18 19 19 19 19 19 20 20 20 20 21 21 22 22 22 22 22 23 23 23 ARTICLE 3. 3.01. 3.02. 3.03. THE CITY'S RESPONSIBILITIES . Waste Flow to Transfer Station. Competing Facilities .... Hazardous Waste Locker Service ARTICLE 4. PAYMENTS ............... 4.01. Components of Service Fee ....... 4.02. CPI Adjustment ............ 25 4.03. Additional Adjustment of Disposal Cost Component ................ 25 4.04. Taxes or Fees ............. 25 4.05. Billing and Payment .......... 26 4.06. Construction Costs .......... 26 4.07. Addition of Traffic Signal ...... 27 4.08. Service Fee on Wood Waste and Yard Waste. 27 4.09. Self Haul Service Fee ......... 27 4.10. Load Check Hazardous Waste ...... 28 4.11. Recycling Fees ............ 28 4.12. Change Orders ............. 28 ARTICLE 5. ALLOCATION OF RISK; UNCONTROLLABLE CIRCUMSTANCES ................ 29 5.01. Contractor Reliance .......... 29 5.02. Uncontrollable Circumstances ..... 29 5.03. Notification ............. 29 5.04. Alternative Service Arrangements . . . 29 5.05. Insurable Uncontrolled Circumstances . 29 ARTICLE 6. INDEMNIFICATION ............ 29 6.01. Hold Harmless ............. 30 ARTICLE 7. SURETY ................ 30 7.01. Operational Performance Bond ...... 30 7.02. Construction Performance Bond ..... 30 7.03. Material and Labor Bond ........ 30 7.04. Defective Material and Workmanship Bond 30 7.05. Notification of Surety Companies . . . 30 ARTICLE 8. ASSIGNMENT .............. 31 8.01. As s ignment .............. 31 ARTICLE 9. DEFAULT ................ 31 9.01. Contractor Default .......... 31 9.02. Consequences of Contractor Default. . . 33 9.03. Default Procedure ........... 34 9.04. The City's Use of Contractor Equipment. 35 9.05. Remedies Not Exclusive ........ 35 ARTICLE 10. INSURANCE .............. 35 10.01. Insurance .............. 35 10.02. Fire and Damage Insurance ...... 38 ARTICLE 11. DISPUTE RESOLUTION .......... 38 11.01. Independent Engineer ......... 38 11.02. Independent Engineer Costs ...... 39 11.03. Arbitration for Specified Disputes Only. 39 11.04. Determination ............ 40 11.05. Studies and Surveys ......... 40 11.06. Optional Arbitration ......... 40 ARTICLE 12. OBLIGATION TO PURCHASE ........ 40 12.01. Purchase of Improvements and Equipment 40 12.02. Purchase or Lease of Site ....... 41 ARTICLE 13. GENERAL PROVISIONS .......... 42 13.01. Governing Law ............. 42 13.02. Severability ............. 42 13.03. Time of the Essence; No Waiver .... 42 13.04. Construction of Terms ........ 42 13.05. Personal Liability .......... 42 13.06. Subsidiary Contracts ......... 42 13.07. Independent Contractor ........ 42 13.08. Notices ............... 43 13.09. Article, Section and Subsection References .............. 43 13.10. Amendment or Waiver ......... 44 13.11. Integration ............. 44 13.12. Execution in Counterparts ...... 44 ARTICLE 14. TERM ................. 44 14.01. Term of Contract ........... 44 ARTICLE 15. CONDITION TO CONTRACT ........ 44 AGREEMENT made and entered into as of , 1998, by and between the CITY OF UKIAH, a municipal corporation (the "City") , SOLID WASTE SYSTEMS, INC., a California corporation ("Contractor") , and NORTH BAY CORPORATION, a California corporation ("Owner") following facts- , wi th reference to the A. The City is obligated to provide for reliable and economical disposal of solid waste for its citizens. B. The City and Contractor have heretofore entered into an agreement entitled "Contract for Collection, Transportation and Disposal of Garbage, Refuse and Rubbish and Recycling of Recyclable Materials from Within the City of Ukiah," dated March 23, 1992, and as later amended (the "Franchise Agreement"), granting Contractor the exclusive right of arranging for the collection, removal and disposal of solid waste from within the City. C. Owner owns the real property at 3151 Taylor Drive, Ukiah, California (Assessor's Parcel No. 184- 140-13) (the "Site"), which is suitable for construction of a Transfer Station. Owner and Contractor represent and warrant to the City that Owner has by separate agreement with Contractor granted Contractor authority to construct the Transfer S:\U\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 Station on the Site and otherwise make use of the Site to perform Contractor's obligations under this Contract. D. Following extensive analysis of the terms and conditions available from different private concerns, the City has determined that the public interest will be served by awarding to Contractor this Contract for Transfer Station Construction and Operation and Solid Waste Transportation and Disposal. NOW, therefore, the parties agree as follows- ARTICLE 1. DEFINITIONS For purposes of this Contract, the following terms shall have the following meanings, unless a different meaning is otherwise expressly provided or is evident from the context in which the term is used- 1.01. "Acceptable Waste" means all putrescible and nonputrescible solid waste including but not limited to garbage, rubbish, refuse, paper and cardboard; plant and grass clippings and leaves; commercial, industrial, demolition and construction wastes including non-friable asbestos; mixed wood waste; septage screenings, discarded home and industrial appliances; vegetable or animal solids and semisolid wastes, but excluding source separated recyclable or compostable materials intended for diversion from solid waste disposal or those materials defined herein as Unacceptable Waste. 1.02. "Applicable Law" means all law, statutes, rules, regulations, guidelines, permits, actions, determinations, orders, or requirements of the United S:\U\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 States, State of California (or any other state having jurisdiction over solid waste transportation and disposal services), county, regional or local government authorities, agencies, boards, commissions, courts or other bodies having applicable jurisdiction, that from time to time apply to or govern Performance Obligations, the transfer station, transport services, disposal services, or the performance of the parties' respective obligations hereunder, including any of the foregoing which concern health, safety, fire, environmental protection, labor relations, mitigation monitoring plans, building codes, zoning, non-discrimination, and payment of minimum wages. 1.03. "Change in Law" means the occurrence of any event or change in Applicable Law as follows- (a) the adoption, promulgation, modification, or change in judicial or administrative interpretation occurring after the date hereof which adoption, promulgation, codification, or change in judicial or administrative interpretation relates to any Applicable Law, other than laws with respect to taxes based on or measured by net income or any payroll, employment or franchise taxes; or (b) any order or judgment of any federal, state or local court, administrative agency or governmental body issued after the date hereof if- (i) such order or judgment is not also the result of the willful misconduct or negligent action or inaction of the Party relying thereon or of any third party for whom S:\U\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 the Party relying thereon is directly responsible; and (ii) the Party relying thereon, unless excused in writing from so doing by the other Party, shall make or have made, or shall cause or have caused to be made, Reasonable Business Efforts in good faith to contest such order or judgment, it being understood that the contesting in good faith of such an order or judgment shall not constitute or be construed as a willful misconduct or negligent action of such Party); or (c) the imposition by a governmental authority or agency of any new or different material conditions in connection with the issuance, renewal, or modification of any Permit after the Transfer Station commences full operations in compliance with Contractor's Performance Obligation. 1.04. "Construction Costs" means Contractor's costs arising from the design, engineering, permitting (including compliance with the California Environmental Quality Act ("CEQA")), site preparation, off-site improvements, construction, paving, utilities and fixed equipment acquisition and installation for the Transfer Station. Construction Costs shall not include any Contractor's costs in preparation of its proposals to the City prior to execution of this Contract, or any costs associated with the recycling processing building which was proposed by Contractor to the City in 1997 and approved by the City, or costs of mobile equipment, office equipment, supplies, or S:\U\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 10 any item which does not constitute a fixture of the Transfer Station. 1.05. "Consumer Price Index" (CPI) means the Consumer Price Index For Ail Urban Consumers (1982- 1984 = 100), U.S. City Average, Ail Items, published by the United States Department of Labor, Bureau of Labor Statistics. In the event the CPI is discontinued or otherwise not available, "CPI" shall mean such comparable statistics on the purchasing power of the consumer dollar as is reasonably agreed on between the City and Contractor. 1.06. "Contract" means this Contract for Transfer Station Construction and Operation and Solid Waste Transportation and Disposal between Contractor and the City. 1.07. "Contractor" means Solid Waste Systems, Inc., a California corporation. Reference to "Contractor" refers to Contractor's subcontractors as well, unless explicitly provided otherwise. Reference to subcontractors includes lower tier subcontractors as well as those with direct contractual relationships with Contractor. 1.08. "Direct Costs" means the sum of (a) payroll costs directly related to the performance, or management of supervision of any obligation pursuant to the provisions hereof, comprised of compensation plus fringe benefits comprised of vacation, sick leave, holidays, retirement, Workers Compensation Insurance, federal and state unemployment taxes and all medical and health insurance benefits, plus (b) the costs of materials, services, direct rental costs and supplies; which Direct Costs are substantiated by S:IU\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 11 (i) a certificate signed by the principal financial officer of Contractor setting forth the amount of such cost and the reason why such cost is properly chargeable and stating that such cost is a competitive price, if there are competitive prices, secured in an arm's length transaction for the services or materials supplied; and (ii) if the City requests, such additional backup documentation to substantiate any such Direct Cost including invoices from suppliers. 1.09. "Disposal Facility" means the Potrero Hills landfill or a fully-permitted Subtitle D approved solid waste landfill, approved by the City, to which Contractor will transport Acceptable Waste received at the Transfer Station. 1.10. "Franchised Waste Haulers" means companies which possess a permit, license or contract from a public agency authorizing them to collect and transport solid waste from residences and/or businesses. 1.11. "Hazardous Waste" means a type of Unacceptable Waste which by reason of its quality, concentration, composition or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious illness or pose a substantial threat or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise mismanaged; or any waste which is defined or regulated as a hazardous waste, toxic waste, hazardous chemical substance or mixture, or asbestos under Applicable Law, excluding Recyclable Household Hazardous Wastes, but including. S:IU\Agrmts01kTRANSFERamendRED.wpd November 2, 2001 12 (a) "Hazardous Waste" pursuant to Section 40141 of the California Public Resources Code, regulated under Chapter 7.6 (commencing with Section 25800) of Division 20 of the California Health and Safety Code; all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by Sections 25110.02, 25115, and 25117 of the California Health and Safety Code (the California Hazardous Waste Control Act), California Health and Safety Code Section 25100 et seq., and future amendments to or recodification of such statutes or regulations promulgated thereunder, including 23 California Code of Regulations Sections 2521 and 2522; and (b) materials regulated as hazardous waste under the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., as amended (including, but not limited to, amendments thereto made by the Solid Waste Disposal Act Amendments of 1980), and related federal, state and local laws and regulations; (c) materials regulated under the Toxic Substance Control Act, 15 U.S.C. Section 2601 et seq., as amended, and related federal, State of California, and local laws and regulations, including the California Toxic Substances Account Act, California Health and Safety Code Section 25300 et seq.; (d) materials regulated under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601, et seq., as amended, and regulations promulgated thereunder; and S:\U\Agrmts01kTRANSFERamendRED.wpd November 2, 2001 13 (e) materials regulated under any future additional or substitute federal, state or local laws and regulations pertaining to the identification, transportation, treatment, storage or disposal of toxic substances or hazardous waste. If two or more governmental agencies having concurrent or overlapping jurisdiction over hazardous waste adopt conflicting definitions of "hazardous waste" for purposes of collection, transportation, processing and/or disposal, the broader, more restrictive definition shall be employed for purposes of this Contract. 1.12. "Including" means including without limitation. 1.13. "Independent Engineer" is the engineer named in Article 11 or thereafter chosen in accordance with such Section. 1.14. "MSWMA" means the Mendocino Solid Waste Management Authority, a joint powers agency organized in 1990 by the County of Mendocino, City of Ukiah, City of Fort Bragg, and City of Willits, or any other entity or jurisdiction approved by the City performing services or functions MSWMA is providing or is authorized to provide. 1.15. "Operating Ratio" means Contractor's costs of meeting Performance Obligations, less landfill and processing tipping fees, divided by operating revenues. Operating revenues include sales of recyclables collected at the Transfer Station. Costs of operation do not include facility capital debt S:\U\Agrmts01\TRA_NSFERamendRED.wpd November 2, 2001 14 service. Any related party payments included in costs of operation shall be not greater than the existing market value for those goods or services. 1.16. "Performance Obligations" means the good faith and diligent performance of each and every obligation and liability of Contractor hereunder, including Transfer Station design, permitting, construction, and testing, Transfer Station operation, transportation of Acceptable Waste, Wood Waste, Yard Waste and recyclables, disposal at a City approved landfill, and securing and maintaining performances bonds, insurance and any other performance assurances hereunder, including any conditions of approval contained in any Permits issued to Contractor in connection with the construction and operation of the Transfer Station. 1.17. "Permits" means all federal, state, other local and any other governmental unit permits, orders, licenses, approvals, authorizations, consents and entitlements of whatever kind and however described which are required under Applicable Law to be obtained or maintained by any person with respect to the performance of any obligation hereunder or matters covered hereby, as renewed or amended from time to time. 1.18. "Plans and Specifications" means the detailed construction drawings and specifications for construction of the Transfer Station and the Site, prepared in accordance with accepted industry practice for comparable facilities and signed and stamped by a professional engineer and/or architect, as required by Applicable Law. S:\U\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 15 1.19. "Reasonable Business Efforts" means those efforts a reasonably prudent business person would expend under the same or similar circumstances in the exercise of such person's business judgment, intending in good faith to take steps calculated to satisfy the obligation which such person has undertaken to satisfy. 1.20. "Self Haulers" means persons delivering Acceptable Waste on their own behalf, and not as a Franchised Waste Hauler. 1.21. "Service Area" means all of Mendocino County. 1.22. "Service Fee" means the charge levied on users of the transfer station to dispose of Acceptable Waste. 1.23. "Site" or "Transfer Station Site" means a portion of the parcel of land at 3151 Taylor Drive, Ukiah, California, Mendocino County Assessor's Parcel No. 184-140-13, which is depicted and described in Exhibit B, attached hereto and incorporated herein. 1.24A. "Subcontractor" means any person or entity contracting with Contractor or any Subcontractor to perform Performance Obligations. 1.24. "Ton" or "tonnage" means a short ton of 2,000 pounds. 1.25. "Transfer Station" means the Transfer Station located on the Site, as described in the Plans and Specifications, including furnishings, building, equipment, parking, signs, fencing and landscaping. S:\U\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 16 1.26. "Uncontrollable Circumstances" means any act, event or condition, whether affecting the Transfer Station or either Party or Contractor's subcontractors, beyond the reasonable control of such Party and not the result of willful or negligent action or inaction of such Party (other than the contesting in good faith or the failure in good faith to contest such action or inaction), which materially and adversely affects the ability of either Party to perform any obligation hereunder comprised of- (a) an act of God, landslide, lightning, earthquake, fire, flood (other than reasonably anticipated weather conditions for the geographic area of the Transfer Station, primary transportation routes, backup transport routes, primary Disposal Facility and backup Disposal Facility), explosion, sabotage, acts of a public enemy, war, blockade or insurrection, riot or civil disturbance; (b) the failure of any appropriate federal, state, or local public agency or private utility having operational jurisdiction in the area in which the Transfer Station is located, to provide and maintain utilities, services, water, sewer or power transmission lines to the Transfer Station which are required for Transfer Station development or Transfer Station operation; (c) a Change in Law other than any Change in Law adopted by the City, unless such Change in Law is mandated by state, federal or other governmental agency law, regulation or directive. S:\UkAgrmts01\TRANSFERamendRED.wpd November 2, 2001 17 (d) any enforcement of any encumbrance on the Site or on any improvements thereon not consented to in writing by, or arising out of any action or agreement entered into by the party adversely affected thereby; (e) governmental pre-emption of materials or services in connection with a public emergency or condemnation or other taking by eminent domain of any portion of the Transfer Station Site. In event of any condemnation, neither party waives its rights to assert claims in such condemnation proceedings; (f) failure of the California Integrated Waste Management Board to approve a Solid Waste Facilities Permit for the Transfer Station; (g) failure of the Mendocino County Air Quality Management District to grant authority to construct and operate the Transfer Station; (h) failure of the California Water Resources Control Board to issue a Notice of Intent for Construction Activity Stormwater Permit; (i) failure of the local enforcement agency to issue a Solid Waste Facilities Permit; (j) failure of the Mendocino County Planning and Building Department to issue necessary building permits; (k) failure of any other governmental agency or department to issue any Permit required under S:\UkAgrmts01\TRANSFERamendRED.wpd November 2, 2001 18 Applicable Law for construction or operation of the Transfer Station; (1) freight embargoes, shortages of materials, labor, fixtures or equipment (provided that Contractor furnishes proof that it has made diligent attempts to obtain same) or delays of subcontractors due to such causes, provided that Contractor shall within ten (10) days from the beginning of such delay notify the City in writing of the delay; (m) an order of a state or federal court that prohibits the City from developing, building or operating the Transfer Station; (n) failure of the railroad or rail transport subcontractor to perform its obligations in a timely manner due to circumstances not involving the wrongful or negligent act or omission of Contractor. Uncontrollable Circumstances exclude, without limitation- (i) either Party's own breach of its obligations hereunder; (ii) adverse changes in the financial condition of either party or Contractor's subcontractors; (iii) the consequences of errors, neglect or omissions with respect to Transfer Station development, transfer services, transport services or disposal services or any other S:\U\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 19 Performance Obligations on the part of Contractor, its employees, agents, subcontractors or affiliates, including errors in Plans and Specifications or the operations plan or failure to comply therewith; (iv) except as otherwise specifically provided herein, the failure of Contractor to secure patents, licenses, trademarks, and the like necessary to meet its Performance Obligations; (v) as to Contractor, the failure of any Transfer Station technology to perform in accordance with Performance Guaranties, unless caused by Uncontrollable Circumstances; (vi) general economic conditions, interest or inflation rates or currency fluctuation; (vii) union or labor work rules, requirements or demands which have the effect of increasing the number of employees employed by Contractor or its subcontractors hereunder or otherwise increasing the cost or burden of Contractor or Contractor's subcontractors of meeting Contractor's Performance Obligations; (viii) failure of equipment or any technology used or relied upon in satisfaction of Performance Obligations; (ix) any impact of prevailing wage law, customs or practices on Contractor's Performance Obligations; S:kU\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 2O (x) any increase for any reason in premiums charged by Contractor's or its subcontractors' insurers or the insurance markets generally; (xi) any act, event or circumstance occurring outside of the United States; (xii) the failure of any subcontractor or supplier to furnish labor, services, materials or equipment, except the railroad or rail transport subcontractor as provided in subsection (n) , above; (xiii) any conditions included in any Permit or other entitlement of use or approval required for the design, construction or operation of the Transfer Station in compliance with Contractor's Performance Obligations; (xiv) failure to exert Reasonable Business Efforts to secure any Permits. 1.27. "Unacceptable Waste" means wastes that the Transfer Station may not receive under this Contract unless authorized by the permits issued for the operation of the Transfer Station, including. (a) animal manures; (b) friable asbestos materials that can be crumbled with pressure and are therefore likely to emit fibers, being a naturally occurring family of carcinogenic fibrous mineral substances, which may S:\U\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 21 be a Hazardous Waste if it contains more than one percent asbestos; (c) ash residue from the incineration of solid wastes, including municipal waste, infectious waste described in item (8) below, wood waste, sludge, and agricultural wastes described in item (a) above; (d) auto shredder "fluff" consisting of upholstery, paint, plastics, and other non-metallic substances which remains after the shredding of automobiles; (e) dead animals; (f) Hazardous Waste, explosives, ordnance, highly flammable substances and noxious materials; (g) industrial solid or semi-solid wastes resulting from industrial processes and manufacturing operations, including cement kiln dust, ore process residues; (h) infectious wastes which have disease transmission potential and are classified as Hazardous Wastes by the State Department of Health Services, including pathological and surgical wastes, medical clinic wastes, wastes from biological laboratories, syringes, needles, blades, tubings, bottles, drugs, patient care items such as linen or personal or food service items from contaminated areas, chemicals, personal hygiene wastes, and carcasses used for medical purposes or with known infectious diseases; S:\U\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 22 (i) liquid wastes which are not spadeable, usually containing less than fifty percent (50%) solids, including cannery and food processing wastes, landfill leachate and gas condensate, boiler blowdown water, grease trap pumpings, oil and geothermal field wastes, septic tank pumpings, rendering plant byproducts, sewage sludge, and those liquid wastes which may be Hazardous Wastes; (j) radioactive wastes under Chapter 7.6 (commencing with Section 25800) of Division 20 of the State Health and Safety Code, and any waste that contains a radioactive material, the storage or disposal of which is subject to any other state or federal regulation; (k) sewage sludge comprised of human (not industrial) residue, excluding grit or screenings, removed from a waste water treatment plant or septic tank whether in a dry or semidry form; (1) special wastes designated from time to time by the California Integrated Waste Management Board, including contaminated soil; (m) bulky items which cannot fit within standard roll-off containers or municipal refuse collection vehicles; (n) concrete slab material exceeding 2 feet on a side and 6 inches thick; (o) tree stumps exceeding 18 inches in diameter; S:\UkAgrmts01kTRANSFERamendRED.wpd November 2, 2001 23 (p) other wastes which are prohibited as a condition of the transfer station's Solid Waste Facility Permit or wastes excluded by written agreement between Contractor and the City. 1.28. "Viable Market" means a buyer is identified who will pay a price sufficient to cover the handling cost and transportation cost to get the recyclable to the market. 1.29. "Wood Waste" means unpainted lumber and boards separated from mixed solid waste. 1.30. "Yard Waste" means grass clippings, brush, garden trimmings, leaves and similar natural vegetative materials separated from mixed solid waste, but not including tree limbs more than 10 feet in length or 18 inches in diameter. ARTICLE 2. CONTRACTOR RESPONSIBILITIES 2.01. Facility Desiqn, Permitting and Construction (a) Design. The Transfer Station shall be designed as a top-load facility with on-the-floor crushing and compaction, with an adequate number of loading bays for both truck and rail haul and with through-put capacity of at least two hundred (200) tons per day average and a peak of four hundred (400) tons per day. The Transfer Station design shall include facilities for drop-off recycling for- (i) Pay Items- Wood Waste, Yard Waste, tires, appliances, including appliances containing CFCs, antifreeze, oil filters; and (ii) Free Items- cans, glass bottles and jars, newspaper, corrugated cardboard, magazines, office S:\U\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 24 paper, box board, plastic containers, milk and juice cartons, foam padding, scrap metals, motor oil and any additional items for which a viable recycling market is identified; and (iii) Buy-Back Items- California Redemption beverage containers. The Transfer Station design shall additionally include a re-use facility where salvageable items such as doors, windows, furniture, appliances, toys and tools may be donated by Self Haulers and made available for give-away or sale to others. Contractor shall construct the Transfer Station in accordance with Plans and Specifications approved by the City Council of the City. Contractor shall submit Plans and Specifications to the City Council for review and approval. The City Council may comment on the plans and specifications, and Contractor shall use Reasonable Business Efforts to incorporate such comments. The City Council shall approve or comment on the Plans and Specifications within thirty (30) days of Contractor's submission thereof. Any disputes with respect to approval of the Plans and Specifications shall be resolved by the Independent Engineer in accordance with Section 11.03. (b) Permitting and Construction. Contractor will design, permit, construct, equip, start-up and test the Transfer Station on the Site in accordance with Applicable Law. If and to the extent that the construction of the Transfer Station is required to be performed by a licensed building contractor, Contractor may, at its option, either obtain the appropriate license and perform such work or retain a licensed contractor to perform such work. If Contractor elects to S:\U\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 25 retain a licensed contractor to Contractor will seek the lowest perform such work, qualified bidder. ~.2.02. Start full operation of .... at~. f. ~~ to ~ ~ of Operations. Contractor will begin ~- date the Transfer Station on ~ ~ ,-,..: ~ ..... '~.4 ...,~ ,....4 ~ q ......... ~ t~ t~ ~-.- -J- ~- .~ [ VV J..L .J- ~,~..L ,L VV -L..J.. _1_ '~,,,, k.~ .1__ .l._ ~,__,. 0 .L~ ~.~ .L .L ,k.4. ~ ,.L ,.L ~.,.~ S:\U\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 26 2.03. Waste Transfer, Transportation and Disposal, Recycling. Contractor will receive Acceptable Waste delivered to the Transfer Station during receiving hours in accordance with Section 2.06 by Self Haulers and Franchised Waste Haulers. Contractor will conduct buy-back, drop-off, household hazardous waste, Yard Waste, and Wood Waste recycling and operate the reuse facility, in accordance with Sections 2.11-2.15, including marketing and transportation thereof, as applicable. For the first five (5) years after the Transfer Station commences operations the Contractor shall transfer and transport Acceptable Waste to the Disposal Facility by truck. Contractor shall evaluate "Road Railers" or an S:\U\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 27 equivalent truck transfer trailer that can be used in both truck and rail haul operations. If, using reasonable business judgment, Contractor determines Road Railers or their equivalent provide a practical means for the transport of Acceptable Waste, it shall use Road Railers to transport Acceptable Waste to the disposal site. At any time after the fifth (5th) such year, City shall have the right as further provided herein to direct Contractor to transport Acceptable Waste by rail rather than truck. When rail transport commences, the Service Fee, payable pursuant to Article 4 of this Contract, shall be based on the actual direct cost to Contractor of transporting Acceptable Waste by rail, but not to exceed the Transportation Cost Component agreed upon by the parties as shown in Exhibit A, subject to the CPI adjustments as provided in Section 4.02. However, Contractor and City shall cooperate in arranging for rail transport of Acceptable Waste and City must approve Contractor's method of soliciting and negotiating a rail haul subcontract and the terms of any such subcontract. Contractor will be responsible for all activities at the Transfer Station and associated with its Performance Obligations, including collecting Service Fees, traffic control, inspection of solid waste, exclusion of Unacceptable Waste, temporary storage of Hazardous Waste removed from other wastes, and distributing informational materials supplied by the City to Self Haulers. Contractor will be responsible for any errors, deficiencies or failure of Contractor's officers, employees, and subcontractors to fully and timely meet Performance Obligations. 2.04. Operation by Contractor. Contractor will directly operate the Transfer Station, including solid S:\U\Agrmts01kTRANSFERamendRED.wpd November 2, 2001 28 waste crushing and loading and recycling buy-back and drop-off services, using Contractor's own employees, unless the City gives prior approval in writing to the use of a subcontractor for those services, which approval shall not be unreasonably withheld or delayed. 2.05. Operational Standards. Contractor will- (a) Remove all Acceptable Waste from the tipping floor of the Transfer Station at least once every twenty-four (24) hours. (b) Remove all railcars or truck transfer trailers of Acceptable Waste from the Site as soon as possible, but not more than forty-eight (48) hours from time of loading, unless the Acceptable Waste has been placed in sealed containers. (c) Wash the tipping floor not less than once per week. (d) Keep all recyclables contained in bins or bunkers except as may be otherwise provided for specific items in this Contract. (e) Keep the Site secure from unauthorized entry. (f) Use best management practices to prevent the transmission of detectable odors across the Site boundaries. (g) Ensure that vehicles do not queue onto Taylor Drive. S:\U\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 29 (h) Comply with any operational standards contained in any Permits, entitlements for use or approvals issued in connection with the siting, construction or operation of the Transfer Station. (i)Comply with the operational plan attached hereto as Exhibit C and incorporated herein by this reference. 2.06. Hours of Operation. Contractor will receive Acceptable Waste and Recyclables at the Transfer Station only between the hours of 5 a.m. and 5 p.m. on each Monday through Saturday throughout the year, except for the following holidays- New Year's Day, Thanksgiving Day and Christmas Day. Within this schedule, Contractor may specify different hours for Franchised Waste Haulers and Self-Haulers. No Acceptable Waste or Recyclables will be allowed to enter the Site except during the such hours. 2.07. Maintenance. Contractor will be responsible for all repair, maintenance and replacement of the Transfer Station in order to keep it in sound working order, including, without limitation- the tipping floor surface, driveways, gates, fences, electrical distribution systems, ventilation and heating, fire sprinklers, floor drains, walls, doors, roof, restrooms, fixed equipment, and landscaping. Contractor will keep the tipping floor free of major cracks, holes and breaks. Contractor will keep any tractor not equipped with rubber tires or tracks from coming in contact with the tipping floor or driveways. Ail repairs made by Contractor will be with an identical article or material or an equal approved by the City. S:\U\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 3O 2.08. Mobile Equipment. Contractor will supply at a minimum the following mobile equipment for use in operating the Transfer Station- (a) Rubber-tired front loader; (b) Track loader. Contractor will further supply, or cause its subcontractors to supply, equipment to meet its Performance Obligations with respect to transport of Acceptable Waste, Yard Waste, Wood Waste and recyclables, and disposal of Acceptable Waste at the Disposal Facility. 2.09. Staffing. Contractor shall assign sufficient staff to the Transfer Station to meet the Performance Obligations. Contractor shall assign only competent personnel who are qualified to perform the assigned tasks. Ail personnel will possess the required licenses, permit or training for the tasks they perform. Contractor will use its best efforts to remove any personnel who are incompetent, disorderly, intoxicated, or abusive to the public. Contractor will assign, at a minimum, the following full-time personnel at the Transfer Station- (a) Equipment operator; (b) Gate attendant; (c) Spotter/Operator/Load Checker. In addition, Contractor shall assign a Station Manager/Supervisor with overall responsibility for management of the Transfer Station who is authorized S:\U\Agrmts01kTRANSFERamendRED.wpd November 2, 2001 31 to accept notices from the City and to act for Contractor. Contractor shall provide and comply with periodic staffing plans for City approval which approval shall not be unreasonably withheld. 2.10. Operational Procedures. Contractor will receive, load and transport Acceptable Waste as set forth in the following additional provisions- Traffic Management. Signs at least 3-foot by 3-foot in size will direct Self Haulers to remove recyclable materials in the recycling drop-off area prior to entering the transfer building. Gate attendant will turn back Self Haulers with recyclables to the recycling drop-off area. Self Haulers and Franchised Waste Haulers will be directed to separate areas in the transfer building for dumping. Vehicle turnaround. Contractor shall ensure that vehicles delivering Acceptable Wastes will be able to begin unloading within 30 minutes of arriving at the entrance to the Site, absent vehicle breakdown or driver negligence. Scalehouse. Cashier in scalehouse will charge all incoming vehicles according to volume or weight of solid waste, and will keep daily records of all receipts and solid waste volumes in a manner approved by the City. Traffic Spotter. An attendant inside the transfer building will direct customers to the correct location to dump, will enforce safety rules, and will check loads for Unacceptable Waste. S:\U\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 32 Safety. Safety procedures will be developed by Contractor for all employee activities, customer recycling, and customer waste dumping, and submitted to the City for review and approval. 2.11. Buy-Back Recycling. Contractor will operate a California Certified Redemption Center at the Transfer Station under permit from the California Department of Conservation which will provide redemption buy-back from the hours of 10 a.m. to 4 p.m. Monday through Saturday. 2.12. Drop-Off Recycling. Contractor will provide and service separate bins to receive the following segregated recyclable items from the public: aluminum cans, tin cans, glass bottles and jars, newspaper, corrugated cardboard, magazines, office paper, box board, plastic containers, milk and juice cartons, foam padding, appliances, tires and scrap metals. No charge will be made to the public for drop-off recycling of the specified recyclables, except for appliances and tires as stated herein. Contractor will accept additional recyclable items when a Viable Market is available. Contractor may cease accepting a recyclable item upon written agreement by the City that a satisfactory recycling market no longer exists. Contractor will ensure that all recyclables received will be sold or donated to bona fide recyclers who will divert the materials from disposal. Contractor will retain all revenues from sale of recyclable materials. MSWMA or another entity designated by City shall have the option to provide refrigerant removal from appliances received at the Transfer Station at no cost to the Contractor. S:\UlAgrmts01\TRANSFERamendRED.wpd November 2, 2001 33 2.13. Household Hazardous Waste Recycling. Contractor will provide and service a tank for recycling of used motor oil, at no charge to the public for up to ten (10) gallons per customer per day. Contractor will accept used oil filters and store them in an appropriate container. Contractor will provide and service a tank for recycling of used antifreeze. Contractor will provide and service a container for recycling of used vehicle batteries, which will be accepted from the public without charge. 2.14. Yard and Wood Waste Recycling. Contractor will accept recyclable and compostable Yard Waste and Wood Waste from customers at a designated area. 2.15. Reuse Facility. Contractor will provide a reuse area where salvageable items such as doors, windows, furniture, appliances, toys, and tools may be donated by the Self Haulers and made available for give-away or sale to others by Contractor. Contractor will maximize the recovery of reusable items, subject to the constraints of customer demand and storage space. Any reuse item for which Contractor sets a price for sale will nevertheless be given away without charge if it is not sold within ninety (90) days. Contractor will keep the reuse area in a neat and orderly condition and provide bins, walls or enclosures as necessary to contain reuse items. Contractor shall provide clear written notice to customers that Contractor has the sole ownership and responsibility for any reuse items sold or given away at the refuse facility and that Contractor disclaims any warranty for use or fitness of reuse items. 2.16. Unacceptable Waste Prohibited. Contractor shall not knowingly accept Unacceptable Waste at the S:\U\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 34 Transfer Station, except for those recyclable household hazardous wastes accepted in the drop-off recycling area. Contractor shall continuously inspect customer vehicles and the tipping floor for presence of Unacceptable Waste. Unacceptable Waste shall be refused and returned to customer, unless the Unacceptable Waste is already dumped on the tipping floor and the vehicle of origin is unknown. Contractor shall accept title to any Unacceptable Waste received at the Transfer Station and safely segregate, contain, store and dispose of it in accordance with Applicable Law. 2.17. Refusal of Waste. On every occasion where Contractor refuses Unacceptable Waste of any description which is brought to the Transfer Station by a customer, Contractor will inform the customer of the most convenient and economical legal option available for disposal of that waste. Written information on such disposal options will be kept available at all times in the scalehouse. 2.18. Title to Waste. Contractor shall accept ownership and title to all waste materials and recyclables at the time of unloading of such materials at the Transfer Station. Ownership shall have no implication with respect to revenue sharing agreements, if any, or Disposal Facility designation provisions, which shall be governed by specific provisions herein. 2.19. Subcontractors. (a) Contractor shall not subcontract to provide any of the services under this Agreement without the prior written approval of the City; S:kU\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 35 the City must approve the form and content of all subcontracts. (b) Contractor will transport, or cause to be transported, all Acceptable Waste to the Disposal Facility. Contractor acknowledges that transportation is a critical portion of the Performance Obligations hereunder. Contractor may subcontract for such transportation subject to approval by the City of subcontractor and/or terms of the subcontract, which shall not be unreasonably withheld, but Contractor shall remain liable to the City for its Performance Obligations with respect to transportation hereunder. Any subcontract for transportation shall be assignable to the City in event of termination of this Contract or use of the Transfer Station and equipment under Section 9.04. The City shall be named a third-party beneficiary of Contractor's rights under any such subcontract. Such subcontract shall require the subcontractor to provide the City with notice of any breach or default by Contractor thereunder or the termination thereof. (c) Contractor will dispose of all Acceptable Waste at the Disposal Facility and shall secure rights as necessary and sufficient to provide for disposal of such Acceptable Waste for the term thereof. If a Disposal Facility is unable to perform its obligations under any agreement with Contractor and the City has elected option (1) under Section 4.01(c), the City agrees to cooperate with Contractor in arranging for an alternate Disposal Facility and in making any changes to the Disposal Cost Component of the S:\U\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 36 Service Fee necessary to share with the City, on an equitable basis reasonably agreed on by the parties, any decreased costs resulting from using an alternate Disposal Facility, subject, however, to Section 4.03. (d) Contractor will not direct or transport any Yard Waste received at the Transfer Station to any processor or user that has not been approved by the City. (e) Contractor will not direct any Wood Waste received at the Transfer Station to any processor or user that has not been approved by the City. (f) Contractor will notify the City of the names and addresses of all subcontractors undertaking any work arising from the construction or operation of the Transfer Station. 2.20. Title. During the term of this Contract, title to the Site shall be and remain the property of Owner and title to all improvements on the Site shall be and remain the property of Contractor, and their successors and assigns. 2.21. Permits. Contractor will obtain and keep in effect all permits required for the Transfer Station at its own expense, including, but not necessarily limited to- Authority to Construct and Permit to Operate from the Mendocino Air Quality Management District; Notice of Intent for Construction Activity Stormwater Permit from California Water Resources Control Board; Solid Waste Facilities Permit from Local Enforcement Agent; and Major Use and Building Permits from Mendocino County Planning and S:\U\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 37 Building Department. Contractor will copy to the City all permit correspondence, permit notices, draft permits and permits. 2.22. Records and Access. Contractor will maintain accurate and daily records of expenditures and revenues arising from this Contract separate from other business activities of Contractor. Contractor will keep and preserve records of all loads of Acceptable Waste, Yard Waste, Wood Waste, Recyclables and household hazardous waste received at the Transfer Station, and will report the total quantities and payments received in each month to the City not later than the tenth (10th) day of the following month. Contractor shall establish an auditable cash management plan for City's approval which approval shall not be unreasonably withheld. The City's designated representative shall be allowed access to the Site at all times when the Transfer Station is open, and shall be allowed to inspect any and all records upon request to verify the record-keeping procedures of Contractor. The City's designated representative shall be allowed access to the Site during non-operating hours upon notification of Contractor's designated representative. Contractor shall keep records of Hazardous Waste disposal as required by Applicable Law. 2.23. Applicable Law. Contractor shall perform all its Performance Obligations under this Contract, and shall cause all its Subcontractors to perform Performance Obligations, in accordance with Applicable Law, including Permits. Contractor shall be solely liable for all fines and penalties that may be imposed on Contractor for violations of Applicable Law, including Permits. S:\U\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 38 ARTICLE 3. THE CITY'S RESPONSIBILITIES 3.01. Waste Flow to Transfer Station. Within the limits of its legal and constitutional authority under Applicable Law, the City agrees that all Solid Waste generated within the City shall be directed to the Transfer Station. No other local government jurisdiction shall be required to direct its solid waste to the Transfer Station. No solid waste from outside the Service Area will be received at the Transfer Station without prior written consent of the City, and the City shall not unreasonably withhold its consent. Contractor shall identify and keep records acceptable to City of the jurisdiction of origin of all Acceptable Waste received at the Transfer Station, and those records shall be available upon request to any such jurisdictions or their agents. 3.02. Competing Facilities. The City will not participate as owner or operator of any competing large-volume transfer stations or transfer systems for waste, nor will they issue requests for proposals for such competing facilities or systems, except in connection with the termination of this Contract as permitted by its terms. Existing and planned self-haul transfer stations that direct solid waste to the Transfer Station are not considered to be competing facilities. 3.03. Hazardous Waste Locker Service. Subject to the provisions of Section 4.10, MSWMA, at no cost to Contractor, will remove and dispose of Hazardous Waste which Contractor has stored on site in the hazardous waste locker and which MSWMA's household hazardous waste collection vehicle is authorized to transport. Contractor will not place any recyclable household S:\U\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 39 hazardous materials in the hazardous waste locker which can be received in the Transfer Station's drop-off recycling area. Contractor shall not place leaking or open containers in the hazardous waste locker and will not place incompatible materials in proximity to one another. Contractor shall be responsible for removal and disposition of any Hazardous Waste which MSWMA's vehicle cannot transport. ARTICLE 4. PAYMENTS 4.01. Components of Service Fee. Contractor will collect the Service Fee for use of the Transfer Station. Contractor will not be entitled to any other payments by the City or the public for performance of the work described in this Contract, except as stated herein. The Service Fee shall be stated and charged in dollars per ton, except as noted herein. In no event shall Contractor charge the users from any other ~~o ~ ~'~~i~ ~~ a ~rvl ~ ~re ~ ~' ~ VV~~ ~ LLL~ ~~ ~ ~r~LS ~ ~~~~ ~~~~~~, ~ uscrs from the City a Service Fee which is higher than it charges any other user of the Transfer Station. The total Service Fee for solid waste shall consist of the sum of the following components S:kU\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 4O (a) Operating Cost Component, which shall be the sole compensation to Contractor for operation of the Transfer Station and the handling of recyclables received at the Transfer Station (Contractor may only charge for recyclables pursuant to Section 4.11). The Operating Cost Component will initially be set at the amount set forth in Exhibit A for the indicated tonnage figures, but shall be subject to adjustment as follows: (1) If the City of Ukiah is the sole source of Acceptable Waste, the initial Operating Cost Component of the Service Fee shall be reviewed by the parties after the first year and shall be adjusted to fairly compensate Contractor for the cost of operating the Transfer Station, if the Transfer Station has received less than 15,000 tons of Acceptable Waste during the first year after start of operations, excluding recyclable materials such as yard and wood waste. (2) In addition to the evaluation provided in subparagraph (1) above, the Operating Cost Component will be subject to adjustment as provided in Section 4.02. (b) Transportation Cost Component, which shall be the sole compensation to Contractor for transportation of Acceptable Waste to the Disposal Facility. The Transportation Component will initially be set and remain at the amount set S:\U\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 41 forth in Exhibit A until July 1, 2001, and will thereafter be subject to adjustment as hereafter provided. (c) Disposal Cost Component, which shall be the sole compensation to Contractor for the disposal of Acceptable Waste at the Disposal Facility. At the City's option, the Disposal Cost Component will be either (1) set at the amount set forth in Exhibit A until July 1, 2001, and thereafter subject to adjustment as provided in Section 4.02, or (2) equal to the Disposal Facility charges to Contractor. City shall make its election by written notice to Contractor given prior to the date the Transfer Station commences operations provided that Contractor furnishes to City any applicable contract with the Disposal Facility and any other information reasonably requested by the City. (d) Construction Cost Component, which shall reimburse Contractor for the capital costs incurred in construction of the Transfer Station, pursuant to the terms of this Contract. The amount of the Construction Cost Component will be set pursuant to Section 4.06, "Construction Costs." (e) City Surcharge Component, which shall be set by the City imposed on any Solid Waste received at the Transfer Station as directed by the City and be collected by Contractor and paid monthly to the City to fund certain solid waste services to the public. Contractor shall implement and collect the City Surcharge Component and any change in the City Surcharge Component S:\U\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 42 within thirty (30) days of notice from the City. Any other member of MSWMA may direct with thirty (30) days' notice that a surcharge, including the MSWMA surcharge, shall be collected and paid monthly by Contractor on any Acceptable Waste originating within its jurisdiction, provided that the same surcharge is collected on any other Solid Waste generated within that jurisdiction, so that Contractor will not be put at a competitive disadvantage. 4.02. CPI Adjustment. On July 1~?~!~i ~.~'~!~ , 200~ , and each ~ly ~ ~ -.-~ . thereafter, = u ~ ~ i~ ..... ~ the Operating Cost Component, the Transportation Cost Component and the Disposal Cost Component, if the City elected option (1) under Section 4.01(c), of the Service Fee will each be increased or decreased by a factor equal to fifty percent (50%) of the percentage change in the CPI during the immediately preceding calendar year (January to December); provided, however, that any increase or decrease shall not exceed five percent (5%) in a single year. If the City elects the rail haul option as authorized by paragraph 2.03, each year thereafter, the Service Fee will each be increased or decreased by a factor equal to seventy-five percent (75%) of the percentage change in the CPI rather than fifty percent (50%). For purposes of calculating the CPI adjustment, the Operating Cost Component shall not include fees or taxes subject to adjustment as provided in Section 4.04. If the City elects option (1) under Section 4.01(c), the Disposal Cost Component shall not include any such fees or taxes. S:kU\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 43 4.03. Additional Adjustment of Disposal Cost Component. If during the term of this Contract, Contractor's costs for the disposal of Acceptable Waste decreases because of a change of the Disposal Facility, then the savings from such decrease shall be retained by Contractor, up to the amount of any increased costs to Contractor in transporting Acceptable Waste to the new Disposal Facility. If the amount of the savings from such decrease exceeds the increased costs to Contractor in transporting Acceptable Waste to the new Disposal Facility, then fifty percent (50%) of the excess shall be retained by Contractor and the other fifty percent (50%) of the excess shall be applied as the City may direct from time to time. This paragraph only applies if the City has selected option 4.01(c) (1) . If the City has selected option 4.01(c) (2) 100% of the savings will automatically be passed through to the City. 4.04. Taxes or Fees. Contractor is solely responsible for payment of all taxes, fees, and utility charges associated with Contractor's Performance Obligations and use of the Site as of the date hereof. Contractor shall increase or decrease the Operating and Disposal Component of the Service Fee to offset changes in Contractor's operating costs which result from the imposition or change after the date hereof in the rates of federal, state or local taxes and fees imposed upon and paid by Contractor for the transfer, transport or disposal of Acceptable Waste provided that such taxes or fees apply only to solid waste facilities or solid waste management activities; provided further that if the City elects option (2) under Section 4.01(c), and such fees or taxes are included in the charges of the Disposal Facility, S:\U\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 44 Contractor shall not be entitled to an adjustment to reflect such fees or taxes under this Section 4.04. 4.05. Billing and Payment. During such time as City bills for garbage service under the Contract for Collection, Transportation and Disposal of Garbage, Refuse, and Rubbish, and Recycling of Recyclable Materials From Within the City of Ukiah, dated March 23, 1992, as amended ("Franchise Agreement"), it shall pay Contractor the Service Fee for accepting City's Acceptable Waste at the Transfer Station from City's Franchised Waste Hauler within fifteen days of the date the City receives a bill therefor. 4.06. Construction Costs. ( ) Cont t Nm~ ~ .... Rea .... m~ m',~ ~ .... (b) Contractor will keep a separate record of all Construction Costs. Upon completion of construction of the Transfer Station, Contractor will present to the City an accounting of all Construction Costs, as documented by receipts and other records. The Construction Cost Component of the Service Fee in each year of the contract shall be ~ ( ) h ' $ ' p ~ ~ ...... ~ /~ '~ w ere (a) Is 12 48 ~ er ton ( .... ~"-^~ ..... ~ ~ years t 8°- S:\U\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 45 the Transf Station ~^~^~-" ~ ...... ~ n ..... "~'-'~ er , .L. X~. k,,t ~.~ I., ~. J- I. L I..~. £ :. ~--__, '**.A. C;I. :. :. :. :. k,,L (.,~ -L -L .~ ! .~ .1- "~ ~VTM ~ ......... ,..-~-.,,- ~'c ~-~,.-. tot 1 S:\UkAgrmts01\TRANSFERamendRED.wpd November 2, 2001 46 .J t..4..L J_ ~ %,.A. _L %... L,.~ _L %_Y & m ~&&~&& ~&&= year usc ~c .... 4- .... 4 ~-~, C~l. ~ ..J.. '%--,.. L L L~.* J & L.,- ~ VV~ ~ ..LC,,L..L &&C.&L.i.-L%--..J- -L-&& J.'J.~,--.&&~..,t',,...CL.,-L&&L.J X--,L.~ L,L&& t,.l/ o .L &&L... .~.J- ~ V L,. yV t,.,, ..,g V ,~.. \ -g ,Z..~ ] L t L%.~ & & t,.. & & ~,,~ --r--& ~.,. %,.~ ~L. ,~ t~- C..~..~J ..~. ~;~ V ¥ 'F.,.]. ~ L.. ~.. *~ ~ & & ~...L.C.¢L L.- ,I- L.~ & & .-.--,.-,1., .~-,.-,.~4- 4 ,.,4-..-,.-,4-4-,,..-,, -4,,.~.4 ,-,,q4 ,--,+-- 4 ......... -;.-,'1 'l--,..-,.,.,"1 ,-,.,,- -L T..,~ (:~;L %...,,, ,,L,.L ,__1,~ C,,.T...L L.,.- -L. %....J- ,~C..~ I~.-L&.L~ J L.,C.J- -L k~ ~,A.-L ~ t, -L %..~&& ~,-,~ .1- %--. %..~ LL LLLLq,.~,. r~_~ _L.~ I&C,,~. t.,,L_L_ ~_, .L ~o~ ~ .~'-.'u'--'.-'-- '--&&'--- upcom,~ng yaar o ~...&~. "'" 1' herei if thc end the that S:\U\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 47 the Contract ..... (le~=) year term, there should be e!'~.~:~ Construction Cost Component in the second term-. 4.08. Service Fee on Wood Waste and Yard Waste. Contractor may charge and collect a Service Fee for Wood Waste and Yard Waste delivered to the Transfer Station in an amount equal to Contractor's Direct Costs of receiving, handling, transporting and disposing of such materials, plus ten percent (10%). S:\U\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 48 4.09. Self Haul Service Fee. Contractor may elect to levy a charge for delivery of Acceptable Waste from Self Haulers which is based on volume, instead of weight. If charged by volume, the charge per cubic yard shall be fifteen percent (15%) of the per-ton fee plus ten percent (10%) to compensate for Contractor's additional costs in handling small loads. 4.10. Load Check Hazardous Waste. Contractor acknowledges that MSWMA currently provides household hazardous waste collection and the removal of collected Hazardous Waste which have been removed from the waste stream through the load check programs. This Contract is made on the assumption that MSWMA service will be available for load check hazardous waste will continue to be provided without cost to Contractor. If the same or a similar service from MSMWA is no longer available, the parties shall meet and in good faith renegotiate Operating, Transport and Disposal Components of the Service Fee to reasonably compensate Contractor for additional costs to Contractor, if any. 4.11. Recycling Fees. Contractor may charge and collect fees approved by the City per item of appliances, tires, used oil filters and antifreeze, respectively, delivered to the Transfer Station, in amounts equal to Contractor's Direct Costs of transporting such materials to processing or recycling facilities and paying processing or recycling fees S:\U\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 49 thereof, plus ten percent (10%) to compensate Contractor for handling such recyclables; provided, however, if three of the four current members of MSWMA executed ten (10)-year agreements with Contractor which obligate the agencies to direct their waste stream to the Transfer Station, the ten percent (10%) additional charge to the Recycling Fee shall not be charged during the term of such contracts. 4.12. Change Orders. (a) The City may direct a Change Order to the final Plans and Specifications, both before and after the completion of construction of the Transfer Station. The total of Construction Costs shall be adjusted to reflect any such Change Order, and the required completion date may be extended if required to carry out the Change Order. (b) The City may direct a Change Order in the scope of Performance Obligations, including Transfer Station operations, transport services or locations and/or disposal services, at any time. The Operating and Disposal Component of the Service Fee shall be adjusted if necessary to offset any increased or decreased costs to Contractor arising from such a Change Order. (c) Any disputes between Contractor and the City concerning the impacts of a Change Order on costs or completion date shall be decided by the Independent Engineer as provided by Section 11.03. ARTICLE 5. ALLOCATION OF RISK; UNCONTROLLABLE CIRCUMSTANCES S:\U\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 5O 5.01. Contractor Reliance. Contractor warrants that prior to entering into this Contract, it has examined carefully and acquainted itself with- (a) all Contract documents, (b) the Transfer Station project, (c) all applicable federal, state, and local laws, regulations, ordinances, codes and rules, and (d) any and all other matters necessary to the performance of this Contract. 5.02. Uncontrollable Circumstances. Breach of Contractor's Performance Obligations and the City's obligations hereunder are excused by Uncontrollable Circumstances that necessarily and unavoidably prevent performance of any component of the project, provided the party claiming prevention exerted due diligence to prevent the occurrence and mitigate the effects of such Uncontrollable Circumstances. 5.03. Notification. The party with knowledge of the occurrence of an Uncontrollable Circumstance shall notify the other of the event and its effect on its Performance Obligations promptly, but in no case more than twenty-four (24) hours after the discovery of the event. Notice shall again be given when the effect of the occurrence of an Uncontrollable Circumstance has ceased. 5.04. Alternative Service Arrangements. Notwithstanding the provisions of Section 5.02, in the event that Contractor fails or is unable to fully and timely meet its Performance Obligations because of an Uncontrollable Circumstance, Contractor shall use its Reasonable Business Efforts to make available to the City feasible alternative arrangements meeting its Performance Obligations, at the prevailing fees then in effect for such services, for the period during S:\U\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 51 which such event continues. Failure of Contractor to secure alternative arrangements as provided in this Section shall not be deemed a breach of this Contract, provided that Contractor has exercised good faith efforts to make such alternative arrangements. The City has the right to make such alternative arrangements independent of Contractor. 5.05. Insurable Uncontrolled Circumstances. If any of the equipment at the Transfer Station or Contractor's vehicles are damaged or destroyed due to explosion, floods, fire or other events for which Contractor is obligated to carry insurance pursuant to Article 10, Contractor shall act diligently to promptly collect and apply insurance proceeds to the correction or reconstruction of the equipment or vehicles. ARTICLE 6. INDEMNIFICATION 6.01. Hold Harmless. Contractor shall assume the defense of, and indemnify and save harmless, the City, and its officers, officials and employees, from all suits, actions, costs, damages, claims, judgments or losses arising from Contractor's performance, acts, errors, or omissions under the Contract, but excluding liability due to the sole and active negligence or willful misconduct of the City. ARTICLE 7. SURETY 7.01. Operational Performance Bond. Contractor shall provide and continue in force an irrevocable letter of credit with the City designated as sole payee, or a cash deposit, or a performance bond issued by a corporate surety company authorized to issue S:\U\Agrmts01kTRANSFERamendRED.wpd November 2, 2001 52 performance bonds by the State of California and approved by the City, to insure the faithful performance by Contractor of its Performance Obligations in the amount of Five Hundred Thousand Dollars ($500,000) . 7.02. Construction Performance Bond. Contractor shall furnish a bond of a surety company acceptable to City conditioned upon the faithful performance of all covenants and stipulations under the contract for the construction of the Transfer Station. The amount of the bond shall be one hundred percent (100%) of the total contract price. 7.03. Material and Labor Bond. Contractor shall furnish a bond of a surety company acceptable to the City in a sum not less than fifty percent (50%) of the total Transfer Station construction contract price for the full payment of all persons, companies, or corporations who perform labor upon or furnish materials to be used in the work under the Construction Contract for the Transfer Station, in accordance with the provisions of Civil Code sections 3247 through 3252. 7.04. Defective Material and Workmanship Bond. Contractor shall furnish a bond of a surety company acceptable to the City in a sum not less than five percent (5%) of the total Transfer Station construction contract price to hold for a period of one (1) year after completion and acceptance of the Work to protect Contractor against the results of defective materials, workmanship and equipment (in addition to any warranties furnished by manufacturers) during that time. This bond must be delivered to Contractor with a copy to the City in a form S:kUkAgrmts01kTRA/qSFERamendRED.wpd November 2, 2001 53 acceptable to the City before final payment under the construction contract may be made. 7.05. Notification of Surety Companies. The surety companies shall familiarize themselves with all of the conditions and provisions of this Contract and the Transfer Station construction contract, and they waive the right of special notification of any change or modification of this Contract or the Transfer Station construction contract or of any extension of time, or decreased or increased work, or of the cancellation of said contracts, or of any other act or acts by the City or its authorized agents, under the terms of this Contract or of contractor or its authorized agents under the construction contract; and failure to so notify the aforesaid surety companies of changes shall in no way relieve the surety companies of their obligation under this Contract or the Transfer Station construction contract. ARTICLE 8. ASSIGNMENT 8.01. Assignment. Contractor shall not directly or indirectly, voluntarily or involuntarily assign, mortgage, pledge or encumber any interest in all or a part of the contract and shall not transfer any controlling stock or ownership interest in Contractor or take any other action which would result in any individual or entity other than Contractor as it existed on the effective date of this Contract providing services hereunder without the prior written consent of the City. The City Council shall have the right to determine in its sole discretion whether to approve, conditionally approve or deny any request by Contractor for approval under this paragraph. Any action requiring City Council approval under this S:kU\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 5 4 paragraph that occurs without such approval shall give City the right to terminate this Agreement without prior notice to Contractor or its successors or assigns. ARTICLE 9 . DEFAULT 9.01. Contractor Default. There shall be three classes of default by Contractor in its performance under this Contract: (a) Class A Default includes- (i) Contractor's failure to procure and/or maintain any performance bond, payment bond, or insurance required hereunder; (ii) Contractor filed a voluntary claim for debt relief under any applicable bankruptcy, insolvency, debtor relief, or other similar law now or hereafter in effect, or shall consent to the appointment of or taking of possession by a receiver, liquidator, assignee, trustee, or custodian of Contractor for any part of Contractor's operating assets or any substantial part of Contractor's property, or shall make any general assignment for the benefit of Contractor's creditors; (iii) A court having jurisdiction enters a decree or order for relief in any involuntary case brought under any bankruptcy, insolvency, debtor relief or similar law now or hereafter in effect, or Contractor consents to or fails to oppose any such proceeding, or S:kU\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 55 any such court enters a decree or order appointing a receiver, liquidator, assignee, custodian, or trustee of Contractor for any part of Contractor's operating equipment or assets, or orders the winding up or liquidation of the affairs of Contractor; (iv) Contractor's failure to transfer all Acceptable Waste from the tipping floor of the Transfer Station in accordance with Section 2.05 and transport such Acceptable Waste to the Disposal Facility on more than three occasions of three or more days' duration in any calendar year. (b) Class B Default includes- (i) Contractor's failure to meet its Performance Obligations with respect to starting operation of the Transfer Station by the time provided in Section 2.02; (ii) Contractor's breach or default under any subcontracts relating to Contractor's Performance Obligations, including subcontracts for transportation and disposal; Contractor's failure to secure provisions in such subcontracts requiring the subcontractor to promptly notify the City of such breaches or defaults; and Contractor's failure to promptly notify the City of such breaches or defaults; (iii) Contractor's failure to deliver Acceptable Waste to the Disposal Facility in S:\U\Agrmts01kTRANSFERamendRED.wpd November 2, 2001 56 accordance with Section 2.03 and Yard Waste and Wood Waste to the City approved facilities in accordance with Section 2.14; (iv) Contractor's failure to divert recyclables from disposal in accordance with Section 2.12; (v) Contractor's direct or indirect change of control or transfer of a direct or indirect controlling interest in the beneficial ownership of Contractor in violation of Section 8.01. (c) Class C Default includes any other failure by Contractor to fully and timely meet its Performance Obligations. 9.02. Consequences of Contractor Default. (a) Class A Default. In the event Contractor is declared in default because of a Class A default, the City may at its sole discretion- (i) be released from its obligations under this Contract and use any other method or person to operate the Transfer Station and to transport and/or dispose of solid waste, including direct operation of the Transfer Station by the City or its agents, and may sue for actual damages; (ii) seek judicial remedy of specific performance; S:\U\Agrmts01kTRANSFERamendRED.wpd November 2, 2001 57 (iii) pursue any combination of the foregoing or any other remedy provided under this Contract; or (iv) foreclose on the performance bond required by Section 7.01, "Performance Bond." (b) Class B Default. In the event Contractor is declared in default because of a Class B default, Contractor or Surety shall be permitted to remedy the default within fifteen (15) days from notice by the City that Contractor has been declared in default and shall pay to the City, from the date of that notice to the date the default is remedied, liquidated damages in the amount of One Thousand Five Hundred Dollars ($1,500) per day. If the Class B default is not timely remedied, the City may, at its sole option, exercise the remedies provided in subsection (a) . (c) Class C Default. In the event Contractor is declared in default because of a Class C default, Contractor or Surety shall be permitted to remedy the default within thirty (30) days from notice by the City that Contractor has been declared in default and from the date of that notice to the date that the default is remedied shall pay to the City liquidated damages in amount of One Thousand Five Hundred Dollars ($1,500) per day. If such default is not timely remedied, the City may, at its sole option, exercise the remedies provided in subsection (a). (d) The amount of liquidated damages stipulated in this Section shall be adjusted S:kU\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 58 annually by the CPI in the same manner as the Service Fee. (e) The parties acknowledge that consistent, efficient Transfer Station Operation is of utmost importance to the City, and the City has considered and relied upon Contractor's representations as to its quality of service commitment in entering into this Contract. The parties further recognize that quantified standards of performance are necessary and appropriate to ensure consistent and reliable service. The parties further recognize that if Contractor fails to meet is Performance Obligations, Self Haulers, Franchised Waste Haulers and the City and the public will suffer damages and that it is and will be impracticable and extremely difficult to ascertain and determine the exact amount of such damages. Therefore, the Parties agree that the above-stated liquidated damages represent a reasonable estimate of the amount of such damages. 9.03. Default Procedure. (a) Notice. To initiate default proceedings under this Section, the City shall give written notice to Contractor and its Surety describing the nature of the default and the City's intention to declare Contractor in default. Contractor may be declared to be in default if it fails to cure the default within thirty (30) days of receipt of the City's notice; provided, however, that if the nature of the default is such that it cannot be cured within thirty (30) days, Contractor shall not be declared to be in default as long as it S:\U\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 59 commences a cure within thirty (30) days of receipt of the notice from the City and diligently pursues such cure to completion. If Contractor fails to so cure the default, and unless Contractor promptly shows cause to the City's satisfaction why it should not be declared in default under the Contract, the City may declare Contractor in default and notify Contractor and its Surety of such declaration, in which event the consequences of such default as provided in Section 9.02 shall apply. (b) Performance by Surety. In the event that because of a default the City is entitled to order Contractor to discontinue further performance under the Contract and to transfer Contractor's obligation to perform to the Surety, the Surety shall, within twenty-four (24) hours, assume performance of the Contract and, as soon thereafter as possible, but no later than seventy-two (72) hours after the City transfers Contractor's obligations to the Surety, take possession of all vehicle and equipment necessary to perform the work in accordance with applicable law. The Surety's action under this Section shall not relieve it of its obligations under the Contract and the bond. (c) Failure by Surety; the City Substitution. If the Surety fails to effectively and competently assume or continue performance within four (4) days of the effective date of notice from the City, the City may exercise its rights to foreclose on the performance bond. S:\U\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 6O (d) Uncontrollable Circumstances. A delay or interruption in the performance of all or any part of the Contract resulting from Uncontrollable Circumstances shall not be deemed a default under this Section, except that, if an Uncontrollable Circumstance occurs and prevents the City or Contractor from performing the Contract for a period in excess of ninety (90) days, then each Contractor and the City shall have the right, in its sole discretion, to terminate this Contract. 9.04. The City's Use of Contractor Equipment. If the Contract is terminated for cause by the City, the City or its agents may utilize all or any portion of Contractor's equipment as is appropriate to operate the Transfer Station. Contractor hereby grants to the City, at no cost to the City, an irrevocable offer to a one (1) year lease, or portion thereof in monthly increments, of any or all of Contractor's equipment at a fair market lease rate in the event the City terminates this Contract for cause. At the time of termination, the City shall give written notice to Contractor of its desire to lease all or a portion of Contractor's equipment by specifying the item of equipment the City desires to lease. With respect to each item of equipment specified, the City may immediately begin using such equipment and may take physical possession of it. The equipment of Contractor shall be returned to Contractor in the same condition as existed at the time when the City obtained the same, with the exception of ordinary and reasonable wear and tear. 9.05. Remedies Not Exclusive. The City's rights and remedies in the event of Contractor's breach and default hereunder are not exclusive. The City's S:\U\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 61 exercise of one such remedy is not an election of remedies. ARTICLE 10. INSURANCE. 10.01. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance hereunder by Contractor, its agents, representatives, employees or subcontractors. (a) Minimum Scope of Insurance. Coverage shall be at least as broad as- (i) Insurance Services Office from number GL 002 (Ed. 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001). (ii) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA OO25. (iii) Builder's risk insurance on "all risk" basis (including collapse) on a completed value form for full replacement value covering the interests of Contractor and the City in all work incorporated in and all materials and equipment for the Project. Ail materials and equipment in any off-site S:\U\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 62 storage location intended for permanent use in the Project, or incident to the construction thereof shall be insured on an "all risk" basis as soon as the same have been acquired by Contractor. (iv) Worker's Compensation insurance as required by the Labor Code of the State of California and Employer's Liability insurance, if Contractor has employees who will directly or indirectly provide service or support Contractor in its provision of services under this Contract. (b) Minimum Limits of Insurance. Contractor shall maintain limits no less than- (i) General Liability- $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (ii) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. (iii) Workers' Compensation and Employer's Liability. Workers' compensation limits as required by the Labor Code of the S:kUkAgrmts01\TRANSFERamendRED.wpd November 2, 2001 63 State of California and Employer's Liability limits of $1,000,000 per accident. (c) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. (d) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions- (i) General Liability and Automobile Liability Coverages. (A) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects; liability arising out of activities performed by or on behalf of Contractor, products and completed operations of Contractor, premises owned, occupied or used by Contractor, or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. S:\U\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 64 (B) Contractor's insurance coverage shall be primarily insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of Contractor's insurance and shall not contribute with it. (C) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (D) Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. (ii) Workers' Compensation and Employer's Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for the City. (iii) Ail Coverages. Each insurance policy required by this Section shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by S:\U\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 65 certified mail, return receipt requested, has been given to the City. (e) Acceptability of Insurers. Insurance is to be placed with insurers with a Best's rating of no less than A:VII. (f) Verification of Coverage. Contractor shall furnish the City with certificates of insurance and with original endorsements affecting coverage required by this Section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms provided by the City. Where by statute, the City's workers' compensation-related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted. Ail certificates and endorsements are to be received and approved by the City before work commences. The City reserved the right to require complete, certified copies of all required insurance policies, at any time. (g) Subcontractors. Contractor shall include all subcontractors and insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. Ail coverages for subcontractors shall be subject to all of the requirements stated herein. 10.02. Fire and Damage Insurance. Upon completion of the construction of the Transfer Station, Contractor shall carry fire insurance with extended coverage endorsements approved by the City, S:\U\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 66 jointly in the names of Contractor and the City, covering not less than the full insurable value of all improvements on the Site. Said policy or policies, or copies thereof, shall be deposited with the City, and Contractor shall pay all premiums and other charges payable with respect to such insurance, in the event of damage to any portion of the Transfer Station on the Site, Contractor shall rebuild, repair or otherwise reinstate the damaged Improvements in a good and substantial manner according to applicable Uniform Code standards. The reconstruction required herein shall commence within ninety (90) days after the damage occurs, and shall be pursued diligently to completion. ARTICLE 11. DISPUTE RESOLUTION. 11.01. Independent Enqineer. The Independent Engineer shall be selected by mutual agreement of the parties within ten (10) days of the date of this Contract. The Public Works Director of the City shall have the authority to represent the City in the selection of the Independent Engineer. Jim Salyers, or such other manager designated by Contractor, shall have the authority to represent Contractor in the selection of the Independent Engineer. In the event the Independent Engineer resigns or is otherwise unable to perform services hereunder or either party wishes to select a different engineer, each Party shall prepare a separate list of five (5) independent engineers having experience in the design, construction, acceptance and operation of transfer stations, material recovery facilities and yard waste processing facilities, in numerical order with the first preference at the top, and exchange and compare lists. The independent engineer ranking highest on S:\U\Agrmts01kTRANSFERamendRED.wpd November 2, 2001 67 the two lists by having the lowest total rank order position on the two lists shall be the Independent Engineer. In case of a tie in scores, the Independent Engineer having the smallest difference between the rankings of the two parties shall be selected; other ties shall be determined by a coin toss. If no independent engineer appears on both lists, this procedure shall be repeated. If selection is not completed after the exchange of three lists or sixty (60) days, whichever comes first, then each Party shall select one independent engineer having experience described above and the two engineers so selected shall together select an Independent Engineer. 11.02. Independent Engineer Costs. Parties shall pay the costs of the Independent Engineer in accordance with the provisions hereof; provided, that if no provision is specifically made, the Parties shall share the costs of the Independent Engineer equally for the first three arbitrations or mediations brought in any Contract Year, and thereafter shall be borne by the loser, as determined by the Independent Engineer. 11.03. Arbitration for Specified Disputes Only. Following the Parties mutual good faith efforts to resolve disputes listed in this Section below for a period of no less than thirty (30) days, or prior to the start of operations of the Transfer Station in accordance with Section 2.02, ten (10) days, the Parties shall each give the Independent Engineer Notice detailing the dispute together with a written statement of each Party's position thereon. Parties shall simultaneously exchange copies thereof. The S:\U\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 68 determination of the Independent Engineer with respect to these specific disputes shall be binding- (a) the City approval of plans and specifications for Transfer Station construction; (b) the City acceptance of Transfer Station; (c) Contractor accounting of actual Construction Costs of Transfer Station; (d) adjustments in Construction Costs, Service Fee or completion date due to Change Orders directed by the City; (e) any other disputes which both Parties agree to submit to the Independent Engineer for determination on a binding basis. Both Parties shall, in good faith and in writing, promptly provide the Independent Engineer with any and all information and documentation the Independent Engineer requires or requests in order to make its determination. Each Party shall simultaneously provide the other Party with copies thereof. Neither Party shall communicate orally with the Independent Engineer unless the other Party is privy thereto. Neither Party shall communicate in writing with the Independent Engineer unless it simultaneously sends copies of such communication to the other Party, in the same manner that it sends such communication to the Independent Engineer. 11.04. Determination. The Independent Engineer shall make its determination based on the submissions of the Parties, the provisions hereof, and other S:\U\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 69 factual determinations it may make regarding the matter in dispute. 11.05. Studies and Surveys. The Parties may request the Independent Engineer to conduct studies and surveys with respect to breaches or disputes hereunder. Cost of such surveys and studies shall be paid as the Parties may agree. 11.06. Optional Arbitration. In addition to the specified disputes that will be submitted to the Independent Engineer, any other dispute may be referred to binding or non-binding arbitration under procedures that the Parties shall adopt. Contractor and the City mutually agree to conduct such arbitration. ARTICLE 12. OBLIGATION TO PURCHASE 12.01. Purchase of Improvements and Equipment. Upon termination of this Contract for any reason, Contractor shall have the obligation to sell to the City and the City shall have the option to purchase, (1) the improvements constructed by Contractor on the Site ("improvements"), and (2) the equipment used by Contractor to meet its Performance Obligations in operating the Transfer Station and transporting Acceptable Waste and Recyclables to a Disposal Site and other markets (the "equipment"). Such option shall be exercised by written notice to Contractor and Owner given not less than six (6) months prior to the date of termination, unless termination is the result of Contractor's default as set forth in Article 9 of this Contract. In the event this Contract terminates as a result of Contractor's default City shall have the right to exercise its purchase option, if it gives S:\U\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 7O notice to Contractor and Owner of such election within sixty (60) days after the Contract is terminated. The purchase price that the City shall pay Contractor for the improvements shall be a sum equal to the total Construction Costs, less that portion of the Construction Costs amortized and paid through the Construction Cost Component of the Service Fee through the date of termination. The purchase price that the City shall pay Contractor for the equipment shall be its cost less depreciation calculated on a straight- line basis over the estimated useful life. 12.02. Purchase or Lease of Site. Upon termination of this Contract for any reason, the City shall have the option to purchase the Site from Owner, and Owner shall have the obligation to sell the Site to the City, if the City has elected to purchase the improvements pursuant to paragraph 12.01. The purchase price that the City shall pay Owner for the Site shall be a sum equal to the lesser of (i) $487,000 increased by the percentage increase in the CPI between the date of this Contract and the date of termination, or (ii) the then actual fair market value of the Site; provided, however, that in no event shall the minimum purchase price be less than $487,000. The purchase and sale of the Site shall be on a then "as- is" basis, and otherwise on commercially reasonable terms then applicable to the purchase and sale of real property, including the right of City to demand indemnification from Contractor for hazardous or toxic S:\U\Agrmts01kTRANSFERamendRED.wpd November 2, 2001 71 waste contamination arising prior to City's purchase of the Site and Contractor's obligation to convey to the City clear, unencumbered fee title to the Property. If the Contract is not terminated until the end of the .... ~ · s~~ tcn,~ (lC=) year term, the purchase price shall be zero ($0.00) . Alternately, at the option of the City exercised by written notice to Owner given within ninety (90) days of the date of termination, the City shall lease the Site from Owner and Owner shall lease the Site to the City, for a lease term of not less than ten (10) years, at the then fair market lease value of the Site (less any value attributable to the improvements) and otherwise on commercially reasonable terms then applicable to the ground lease of real property. The parties shall select and share the cost of an appraiser to determine the fair market value or fair market lease value of the property. If they cannot agree on a single appraiser, they may each produce an appraisal report by an appraiser of their choice. If the separate appraisals are within ten percent (10%) of each other, fair market value shall be the average of the two appraisals. If the appraisals differ by more than ten percent (10%), the two appraisers shall select a third appraiser to review the appraisal reports and determine which report represents the fairest appraisal. The appraisal selected by the third appraiser shall constitute the fair market value or fair market lease value of the Site. The parties shall each bear the expense of their separately selected appraisers and share equally the cost of the third appraiser. ARTICLE 13. GENERAL PROVISIONS S:\U\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 72 13.01. Governing Law. This Contract is made in and shall be construed under the laws of the State of California, and any actions filed hereunder shall be filed in the County of Mendocino, State of California. 13.02. Severability. If any Contract provision is held void, invalid, or unenforceable under any applicable law, the remaining provisions of the Contract shall remain in effect and bind the parties; however, the parties shall negotiate in good faith to amend the Contract to effectuate the intent of any void, invalid, or unenforceable provision, if permissible under applicable law. 13.03. Time of the Essence; No Waiver. Time is of the essence in this Contract. The City's or Contractor's failure to object to a breach of any Contract provision is not and shall not be construed as a waiver of that provision. The payment or acceptance of compensation to any breach is not and shall not be deemed an acceptance of that breach. Any waiver must be in writing. 13.04. Construction of Terms. Unless otherwise specified in the Contract, words describing material or work that have a well known technical or trade meaning shall be construed in accordance with the well known meaning generally recognized by solid waste professionals, engineers and trades. 13.05. Personal Liability. This Contract is not intended to create or result in any personal liability for any public official or the City employee or agent, nor shall the Contract be construed to create that liability. S:\U\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 73 13.06. Subsidiary Contracts. No contract between Contractor and its subcontractors, officers, employees or agents, including all contracts relating to construction, use, operation of the Transfer Station, transportation vehicles or disposal site, shall prevent, expressly or in effect, Contractor from performing its obligations under this Contract. 13.07. Independent Contractor. Contractor shall perform all work under this Contract as an independent contractor. Contractor is not and shall not be considered an employee, agent, subagent, or servant of the City for this Contract or otherwise; Contractor's subcontractors, employees, or agents are not and shall not be considered employees, agents, subagents, or servants of the City for this Contract or otherwise. Nothing in this Contract shall be construed as creating a partnership or joint venture between Contractor and the City or as giving the City a duty to supervise or control the acts or omissions of any person performing services or work under the Contract. 13.08. Notices. Ail demands, directions, selections, option exercises, orders, requests, proposals, comments, acknowledgments, approvals, consents, certifications, waivers and other communications made hereunder shall be in writing and deemed served when. (a) delivered in person to the person to whom it was intended; (b) if sent by certified mail or other carrier, return receipt requested, to that person at the person's last known business address; or (c) if sent by facsimile (confirmed promptly by the means described in clause (a) or (b) of this Section). The date or time of service shall be three (3) business days after the date or time the relevant document was mailed to that S:\U\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 74 address; one (1) business day after the relevant document was faxed to that fax number; and the same day if personally delivered to the specified person and/or address. Contractor shall address all notices and correspondence to the City to the City's representative as follows. City Manager City of Ukiah Ukiah Civic Center 300 Seminary Ave. Ukiah, CA. 95482 FAX: (707)463-6204 The City shall address all notices and correspondence to Contractor to Contractor's representative as follows .- James Ratto, CEO Solid Waste Systems, Inc. P.O. Box 1916 3417 Standish Ave. Santa Rosa, CA. 95402 FAX: (707)586-5543 The addresses and phone numbers for the representatives of the Parties may be updated by written notice as necessary. 13.09. Article, Section and Subsection References. Any Articles, Sections or subsections mentioned in this Contract by number only, without reference to another document, refer to those Articles, Sections or subsections contained in this Contract. Ail Article, Section or subsection headings contained in this Contract are for convenience and S:kU\Agrmts01kTRANSFERamendRED.wpd November 2, 2001 75 reference only. They are not intended to define or limit the scope of any provision of this Contract. 13.10. Amendment or Waiver. Neither this Contract nor any provision hereof may be changed, modified, amended or waived except by written instrument signed by the Parties. 13.11. Integration. This Contract and the Franchise Agreement contain the entire agreement between the Parties with respect to the transactions contemplated hereby. This Contract shall completely and fully supersede all prior understandings and agreements between the Parties with respect to such transactions, including those contained in the "Offer for Construction and Operation and Solid Waste Transportation and Disposal" previously signed by Contractor and approved by the City Council of the City. 13.12. Execution in Counterparts. This Contract may be executed in any number of original counterparts. Ail such counterparts shall constitute but one and the same Contract. 13.13 No Third Party Beneficiaries Intended. The terms of this Contract are intended for the benefit of Contractor, City and Owner only and not for the benefit of any third parties. Third party beneficiaries are not created or intended. ARTICLE 14. TERM 14.01. Term of Contract. The term of the Contract shall continue for ~ (1~--) years beginning on the date of the start of operation of the Transfer S:\U\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 76 Station pursuant to Section 2.02, .~ unless terminated earlier pursuant to terms of the Contract.- The term f thc ~--~- -~ -~ ~ ~ ~ ~ ~ ~ ~ ~ the same ~ ...... ~ ~~ ~' ..~a~ at i ~** ~ z~ ~"~, **~ ~z~ ~ ~**~ra~ r ' f t t~ ~ t ~ ARTICLE 15. CONDITION TO CONTRACT In entering this Contract, City agrees to amend the Franchise Agreement extending the date for the termination of the Franchise Agreement to the date on which the term of this Contract terminates; provided, however, that nothing in this Article 15 shall prohibit the parties from extending the Franchise Agreement beyond the termination of this Contract. IN WITNESS WHEREOF, this Contract was executed by the parties as of the date first written in above. Date: "City" S:\U\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 77 municipal THE CITY OF UKIAH, a corporation By- Its - ATTEST: By- Date- Date · "Contractor" SOLID WASTE SYSTEMS, INC., a?:= California corporation By- Jim Salyers, President , Secretary Date- "Owner" NORTH BAY CORPOR3tTION, ,a California corporation S:\U\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 78 By- President Secretary S:\U\Agrmts01\TRANSFERamendRED.wpd November 2, 2001 79 AMENDMENT TO CONTRACT FOR COLLECTION, TRANSPORTATION AND DISPOSAL OF GARBAGE, REFUSE, AND RUBBISH, AND RECYCLING OF RECYCLABLE MATERIALS FROM WITH THE CITY OF UKIAH This Agreement between the City of Ukiah, a municipal corporation, and Solid Waste Systems, Inc., a California corporation, amends specified sections of the Contract for Collection, Transportation and Disposal of Garbage, Refuse, and Rubbish, and Recycling of Recyclable Materials from within the City of Ukiah, dated March 23, 1992 ("Franchise Agreement"). These amendments to the Franchise Agreement are made and entered in Ukiah, California, on November __, 2001 ("Effective Date"). 1. Except as specifically set forth in this Agreement, all of the terms and conditions of the Franchise Agreement remain in full force and effect. 2. Section 2 of the Franchise Agreement is amended to read as follows: 2. TERM OF THE CONTRACT The term of this agreement, shall be for fifteen years, commencing on October 1, 2001, and terminating at midnight on September 30, 2016, unless terminated earlier pursuant to paragraph 20 herein; provided, however, that at the end of said fifteen year term, the agreement shall be extended for an additional term of five (5) years on the same terms and conditions, unless either party gives notice of termination ninety (90) days prior to midnight September 30, 2016. At the election of Contractor and with the concurrence in writing of City, this Agreement can be extended for such additional term or terms as the parties shall agree. 3. Section 4 of the Franchise Agreement is amended to read as follows: 4. PAYMENT Beginning __, 2001, Contractor shall be paid based on rates that will increase each year for the next two years by an amount equivalent to 75% of the percentage change from the previous year in the U.S. Department of Labor ("DOL"), Bureau of Labor Statistics, Consumer Price Index ("CPI"), All-U.S. Cities Average, __ to __ ("Contract CPI"}. . Prior to the third year, commencing on ,2004, the City Council shall conduct a rate hearing pursuant to UCC sections 3950-3957 to determine what, if any, adjustment should be made to the garbage collection rates, in the third or subsequent years, taking into consideration the annual audits of the Contractor's operations, the reports submitted pursuant to Section 8.D of this Agreement, and all other factors and information deemed relevant by the City Council. Thereafter, unless the City Council should determine otherwise at any rate hearing referenced herein, the rates shall automatically increase or decrease annually every two years by the Contract CPI.. 4. Section 6 of the Franchise Agreement is amended to read as follows: 6. GARBAGE COLLECTION BILLING City has responsibility for all garbage collection billing. The City shall receive a fee of three percent (3%) of the said amounts billed and collected for this service, all in accordance with Section 12 of Exhibit "A," except a billing fee will not be collected on commercial accounts billed directly by Contractor. In addition, Contractor shall pay to the City a contract coordination and oversight fee of $10,000.00 each year. 5. Section 8, subsections D and E of the Franchise Agreement are amended to read as follows: 8. D. Sale of Rec¥clable Materials. Contractor shall sell all Recyclable Materials collected from the curbside or from commercial accounts by Contractor pursuant to this Agreement for fair market value. For purposes of this Agreement fair 1 market value equals $30,000.00 as of the Effective Date . Contractor shall keep accurate records of the quantities of Recyclable Materials collected under this Agreement and of its receipts fi.om the sale of Recyclable Materials. Every three years, at the same time that rates are reviewed pursuant to Section 4 of this Agreement, the Contractor shall file a report with the City containing its actual receipts for Recyclable Materials and any other information reasonably requested by the City that reflects the fair market value of Recyclable Materials. The City shall review the Contractor's report and may review any other records maintained by the Contractor. Revenue obtained from the sale of Recyclable Materials shall be retained by Contractor but shall be considered by the City Council as off-setting income, when the City Council conducts rate hearings as provided in paragraph 4 of this Agreement and sets rates for collection and recycling. 8. E. Expansion of Program. Contractor and the City shall continue developing and implementing plans and schedules for expanding or improving the recycling program in connection with the development of a waste management plan under Chapter 1095 of the Statutes of 1989 ("AB 939"). In expanding or improving the program, the City may approve changes in the Contractor's method of picking up, processing or disposing of recyclable materials, including changes in the containers specified in this Section 8. Commencing on or before January 1, 2002, Contractor shall implement a Single-Stream Recycling Automated Collection System ("System") pursuant to which recyclable materials need not be sorted before pick-up by the Contractor but are co-mingled with each other, but not with solid waste that does not constitute Recyclable Materials. A detailed description of the System shall be prepared by Contractor for the City's review and approval. Once approved by the City, the Contractor shall operate the system in compliance with the approved written description. Wherefore, this Agreement is entered by the parties on the Effective Date. "City" THE CITY OF UKIAH, a municipal corporation By: Its: ATTEST: Date: ,2001 By: City Clerk Date: ,2001 "Contractor" SOLID WASTE SYSTEMS, INC., A California corporation "Owner" NORTH BAY CORPORATION A California corporation By: Jim Salyers, Vice President By: President Secretary Secretary Date: ., 2001 Date: ,2001 ITEM NO. lOa DATE: Nnv~.mhP. r 7 PCt. 1 · _A_~I=NDA ~I_IMMAR¥ RI=PORT SUBJECT: Adoption of Ukiah Utilities Demand-side Energy Management Program Proposal REPORT: The City Council recently approved using a portion of the Public Benefits Charge to fund demand-side energy management and new investments in renewable energy sources and technologies, in addition to increased funding for Ukiah C.A.R.E.S. The attached report summarizes funding for renewable energy sources and presents a proposal for a Ukiah Utilities Customer Rebate Program to encourage energy efficiency, a component of demand-side energy management. The rebate program would offer rebates on appliances and weatherization supplies to utility customers. The program is designed to maximize energy efficiency by providing rebates on high-energy use and peak load appliances. The amounts of rebates provided are based on income level, with lower income residents eligible for higher rebates. The program includes personnel to develop, market, implement and administer the project and will rely on the administrative support and financial departments for processing and maintenance issues. As shown in Table 1 of the proposal, the Public Benefits Charge Fund will be sufficient to support all approved expenditures through 2012, the current expiration date of the Public Benefits Charge under state legislation AB 995 and SB 1194. Staff believes the proposal is comprehensive and meets the objectives of the City Council. We recommend adoption of the program. RECOMMENDED ACTION: Adopt Ukiah Utilities Demand-side Energy Management Program. ALTERNATIVE COUNCIL POLICY OPTIONS: Do not accept proposal and direct staff as to alternatives. Citizen Advised: N/A Requested by: Darryl L. Barnes, Public Utilities Director Prepared by: Ann Burck, Administrative Analyst Coordinated with: Candace Horsley, City Manager Attachments: 1. Ukiah Utilities Demand-side Management Program Proposal APPROVED: ~~ cz... "~ ~'5/q/~ Can ad"E~e-Ho~'sley, city Manger ' City of Ukiah Ukiah Utilities Demand-side Energy Management Program Proposal November 7, 2001 Demand-side Energy Management Program Proposal The Public Benefits Charge created under AB 1890, which would have expired January 1, 2002, has been extended to January 1,2012 under AB 995 and SB 1194. Public benefit funds collected by publicly owned utilities are to be used to fund investments in any or all of the following: 1. Cost-effective demand-side management services to promote energy-efficiency and energy conservation 2. New investment in renewable energy sources and technologies 3. Research, development and demonstration programs for the public interest to advance science or technology 4. Services provided for Iow-income electricity customer, including but not limited to, targeted energy efficiency service and rate discounts Since the initiation of the Public Benefits Charge, the only program funded has been Ukiah C.A.R.E.S., rate discount services for Iow-income electricity customers. For fiscal year 2001-2002, programs funded by the Public Benefits Charge have been expanded. New programs include electric vehicle technology demonstration, investments in renewable energy technologies and demand-side management services. Tables1 and 2 attached at the end of this report detail the new programs for the Public Benefits Charge fund. This report summarizes Ukiah's renewable energy program and presents a proposal for demand-side management services. Renewable Energy Sources and Technologies One of the intended uses of the Public Benefits Charge is to fund new investments in renewable energy sources and technologies. Renewable resource technologies approved for funding under the Public Benefits Charge include: biomass, solar thermal, photovoltaic, wind, geothermal, small hydropower of 30 megawatts or less, waste tire, digester gas, landfill gas, and municipal solid waste generation technologies. The City Council has approved using $130,000 annually from Public Benefits funds to support photovoltaics and $950,000 for geothermal technology. Phntnvnltnin i'PV~ Rlivdnwn Prnnram~ Photovoltaics (PV) is a technology that converts sunlight into direct-current (DC) electricity. Usually installed on the roof of homes or businesses, solar panels are modular and easily expandable. They operate using sunlight and they create no noise or pollution. PV systems offset electric energy use with emission-free renewable generation. Funds from the Public Benefits Charge will be used to offset part of the cost of residential and commercial PV systems. 1. Residential PV Buydown Program A new photovoltaic electric rate schedule, D-PM for Domestic Photovoltaic Metering has been approved. Included in the rate schedule is a buydown program which reimburses residential customers $3.00 per watt for each kilowatt installed of a PV generation system, to a maximum of 10 kilowatts. The amount of annual funding available for the residential PV buydown program is $30,000. S. 2. Commercial PV Buydown Program A commercial PV buydown program has also been approved by the City Council. The commercial program is similar to the residential, but with no maximum size limit on the PV system. The amount of annual funding available for the commercial PV buydown program is $1oo,ooo. .c:;n,~thnn.~t ~ny~nr.~ ~nnthnrmnl Prn?nt In September 1997, the Southeast Geysers effluent pipeline began operating, each day delivering 8 million gallons of treated wastewater and lake water to facilities at the Geysers for injection to increase steam production. The NCPA geothermal generation plant is now capable of producing about 22 megawatts more electricity than would otherwise be possible. An updated reservoir engineering analysis indicates that even greater benefits can result if additional water becomes available for injection, adding at least 2.9 million MWh of electricity through 2027. The City Council has approved using $950,000 of Public Benefits funds to pay Ukiah's share of pipeline construction costs. Ukiah's investment for construction of the original pipeline was $515,138 with $192,227 of this amount reimbursable from the Public Benefits Fund. Ukiah's share for upgrading the existing pipeline to increase its capacity is estimated to be $500,000 to $920,000. Demand-side Management Services Demand-side management (DSM) focuses on decreasing the demand for energy through programs that promote efficiency, conservation, or load management. Efficiency means getting more from each unit of energy consumed. Consumer financial incentives, such as rebates, are one of the most effective ways of encouraging people to invest in energy efficiency improvements in their homes. Refrigerators, clothes dryers, freezers, ranges/ovens and dishwashers account for 28% of summer peak load statewide. Funds from the Public Benefits Charge will be used to provide financial incentives or rebates to residential customers to encourage installation of high-efficiency appliances and removal of inefficient appliances. As a point of reference, the City of Lodi offers a residential appliance rebate program for refrigerators, freezers, clothes washers, single room air conditioners and dishwashers. Their program requirements are: 1. Rebates are offered until funds are depleted. 2. Program is only open to City of Lodi Electric Utility customers. 3. Total possible rebate per customer service address is $500. 4. Appliances must be purchased from an approved dealer. 5. Appliance must either display the Energy Star® label or meet certain high-efficiency specifications. A. Existina State and Federal Low-Income DSM Proarams North Coast Energy Services in Ukiah currently administers two Iow-income DSM programs, LIHEAP and CAL LIHEAP for Lake, Mendocino, Solano, and Yolo counties. The Low Income Home Energy Assistance Program (LIHEAP) Block Grant is federally funded. Eligible Iow- income persons can receive free weatherization services including attic insulation, weather- stripping, minor housing repairs, and related energy conservation measures. The program also provides financial assistance to offset heating and cooling costs and provides payments for weather-related or energy-related emergencies. The California Low Income Home Energy Assistance Program (CAL LIHEAP) is a state funded program created by state Senate Bill 5X. CAL LIHEAP although similar to LIHEAP, is designed to supplement existing energy assistance programs with additional energy conservation measures, and to allow more Iow-income residents to qualify under expanded eligibility guidelines. CAL LIHEAP Weatherization Program provides free energy efficient refrigerators, electric water heaters, microwave ovens, and compact fluorescent lighting. Additional weatherization services include attic insulation, weather-stripping, minor housing repairs and related energy conservation services. CAL LIHEAP also provides financial assistance to offset heating and cooling costs and cash assistance for gas and electric utility services for weather- related or energy related emergencies. The Executive Director of North Coast Energy Services reports that since they began administering the CAL LIHEAP program in June 2001,310 refrigerators, 500 microwave ovens, and 50 water heaters have been provided to Lake and Mendocino county Iow-income residents free of charge. In addition, compact fluorescent lights have been installed in 500 homes. LIHEAP eligibility for a family of 4 is a yearly income of $33,125 or less. CAL LIHEAP eligibility for a family of 4 is a yearly income of $44,125 or less. The complete income eligibility guidelines for LIHEAP and CAL LIHEAP for 2001are attached at the end of this report. Information on North Coast Energy Services programs and a copy of their energy services questionnaire are also attached at the end of this report. B. llkinh lltilitin~ 13gM Prnornrn prnpn~nl The City Council has allocated $50,000 annually from the Public Benefits Charge to fund a Ukiah Utilities customer rebate program. Annual program expenses are estimated to be $25,000 and are itemized in the following section. The total amount of funds available for rebates after expenses are deducted is $25,000. Rather than duplicate the existing LIHEAP and CAL LIHEAP programs provided to Iow-income residents, the DSM program for Ukiah Utilities would augment those programs. Low-income rebates would be provided on appliances nnt already provided free of charge by CAL LIHEAP. The maximum rebate amount available per customer service address would be $600. Rebates are taxable and if the rebates were greater than $600, the city would be required to send an IRS Form 1099 to each customer receiving the rebate. This would increase administration costs and decrease the amount of funds available for rebates. The proposed program would provide two levels of rebates: 1. Low-income Ukiah Electric Utility Customers (based on CAL LIHEAP Guidelines for 2001) a. Maximum rebate per appliance type - $200.00 b. Total possible rebate per customer service address - $600.00 c. Eligible Energy Star® labeled appliances: i. Manual defrost freezer ii. Dish washer iii. Clothes washer iv. Stoves / ovens v. Air conditioning window units with 9.0 Seasonal Energy Efficiency Rating (SEER) or better. vi. Evaporative coolers 2. All Ukiah Electric Utility Customers a. Maximum rebate per appliance type - $100.00 b. Total possible rebate per customer service address - $300.00 c. Eligible Energy Star® labeled appliances: i. Refrigerators ii. All appliances listed in Iow-income rebate program d. Electric water heaters with an Energy Factor (EF) of 0.91 or greater e. Rebates on weatherization supplies: i. Weather stripping ii. Caulking iii. Outlet seals iv. Insulation C. Enerav Efficiency Proaram Expenses Program expense estimates are based on information obtained from other NCPA municipal utilities, the Ukiah C.A.R.E.S. Program and North Coast Energy Services. Estimated expenses are: 1. Program manager to develop, market, implement and administer the program Anm~nl ~n.~t $12,000 2. Marketing materials and program advertisements $ 2,000 a. Brochures b. Advertisements in Ukiah Activity & Recreation Guide c. Newspaper advertisements d. Radio announcements 3. Support Services from the Clerical and Finance Departments $ 6,000 will be needed to process rebate checks and assist with program maintenance issues. 4. Annual contract with North Coast Energy Services to provide income verification services for Iow-income rebates. $ 5,000 Total $ 25,000 D. FnP-r0y l=ffi~.iP-n~.y Prn0mm ~Hid~.linP..~ The following rebate application guidelines are proposed for Ukiah Utilities Energy Efficiency Program: 1. To qualify for Iow-income rebates, proof of income in addition to a copy of the appliance receipt and the latest Ukiah Utilities bill must be provided to North Coast Energy Services. 2. Rebates will only be offered until funds are depleted. 3. Applicant must be a Ukiah Utilities customer with an active residential utility account. Any delinquent utility charges must be paid before rebates will be issued. Low-income residents may qualify for financial assistance from CAL LIHEAP to pay utility bills. 4. Appliances must be purchased new at retail price from an approved dealer. 5. Appliances must be installed in a residential dwelling (i.e., house, condominium, townhouse, apartment, duplex, or mobile home). 6. The City of Ukiah reserves the right to verify both the appliance sale and installation before a rebate is issued. 7. Rebates cannot exceed the purchase price of the appliance. Table 1 - Public Benefit Charge Fund Beginning Fund Balance Annual Fund Income 1.2.7% of Elec. Rev. 2.4% interest Annual Expenses 1. Demand-side Mqmt. Services a. Energy Efficiency 1. Rebate program 2. Renewable Energy Investments a. Residential PV Buydowns b. Commercial PV Buydowns c. Geothermal Pipeline Expansion 3. RD&D Programs a. Electric vehicles 4. Low-income Elec. Customer Services a. Ukiah C.A.R.E.S. b. Energy Efficiency 1. Rebate program Ending Fund Balance FY '01 -'02 FY '02-'03 FY '11-'12 FY '12-'13 $ 1,203,249 $ 274,164 $ 372,000 $ 372,000 $ 10,967 $ 25,000 $ 25,625 $ 18,000 $ 18,000 $ $ 100,000 $ 100,000 $ $ 950,000 $ - $ $ 7,740 $ 6,740 $ 175,345 $ 177,269 $ $ 25,000 $ 25,625 $ 274,164 $ 303,872 $ 451,499 $ 456,169 $ 372,000 $ 186,000 $ 18,060 $ 18,247 $ 32,861 $ 16,940 18,000 $ 9,000 100,000 $ 50,000 - $ - $ 7,077 $ 3,539 194,590 $ 98,268 $ 32,861 $ $ 456,169 I $ 16,940 465,730 I~, I~ I~. 00000000 tO 000000000000 000000000000 000000000000 00000000000~ 000000000000 000000000000 000000000000 0 0 0 000000000000 000000000000 000000000000 ~ ~ ~~~~0~ ~ ~ 0 O0 00000~~ ~ 000 00000~~ ~ ~ 000000000000 Sixty Percent of State Median Income for 2001 LIHEAP Size of Family Unit or Federal percentage of Monthly Income Yearly Income Number in Household Base ($33,125.00) 1 52% $1,435.41 $17,225 2 68% $1,877.08 $22,525 3 84% $2,318.75 $27,825 4 100% $2,760.41 $33,125 5 116% $3,202.08 $38,425 6 132% $3,643.75 $43,725 7 135% $3,726.58 $44,719 8 138% $3,809.41 $45,713 9 141% $3,892.16 $46,706 10 144% $3,975.00 $47,700 11 147% $4,057.83 $48,694 12 150% $4,140.66 $49,688 13 153% $4,223.41 $50,681 14 156% $4,306.25 $51,675 15 159% $4,389.08 $52,669 Annual income amounts for family sizes greater than six persons were determined based on the following calculation: Add 3% to 132% for each additional family member; multiply the new percentage by the yearly dollar amount ($33,125.00) for a four-person family. Example: Household size of 7: 132% + 3% = 135% x $33,125.00 = $44,719 (rounded) / 12 = $3,726.58 per month. Two Hundred and Fifty Percent (250%) Poverty Guidelines for the 2001 California - LIHEAP Program Size of Family Unit or Number in Household Monthly Income Yearly Income 1 $1,789.58 $21,475.00 2 $2,418.75 $29,025.00 3 $3,047.91 $36,575.00 4 $3,677.08 $44,125.00 5 $4,306.25 $51,675.00 6 $4,935.41 $59,225.00 7 $5,564.58 $66,775.00 8 $6,193.75 $74,325. O0 9 $6,822.91 $81,875.00 10 $7,452.08 $89,425.00 11 $8,081.25 $96,975.00 12 $8,710.41 $104,525.00 13 $9,339.58 $112,075.00 14 $9,968.75 $119,625.00 15 $10,597.91 $127,175.00 For family units with more than 15 members, add $7,550 for each additional member. NORTH COAST ENERGY SERVICES, INC. North Coast Energy Services has been involved with the delivery of low-income energy assistance and weatherization services continuously since the inception of such programs in 1977. During this period the agency has developed a high level of skill, efficiency, and expertise in all aspects of providing these services and administering the various grants and contracts which fund them. NCES was incorporated in 1981 as a subsidiary of the local Community Action Agency, North Coast Opportunities, and has had an independent corporate existence since 1983. NCES has, over the years, increased its' service area for weatherization to four California counties: Lake, Mendocino, Solano and Yolo. The agency has provided over 9 million dollars of LiHEAP and Department of Energy funds for home weatherization and rehabilitation in the four county service area. In addition, it has provided utility sponsored weatherization programs to the service area, adding more than 3.5 million dollars to energy saving improvements. For the past eight years the agency has been very proud of its involvement with the Housing Preservation program of Rural Development, U.S.D.A. (formerly Farmers Home Administration), providing approximately 1.5 million dollars for major housing rehabilitation to low-income rural residents. This program not only provides energy reduction measures, but also provides a work method that prevents further erosion of the local housing stock. NCES customers and clients both receive an educational presentation covering general conservation issues, an explanation of the measures installed in the residence or building, including future care and maintenance, an analysis of their energy usage, and recommendations for other measures. North Coast Energy Services is a non-profit 501(c)(3) economic development corporation whose staff and Board reflect the area, its varied population and interests. Seniors, racial and cultural minority members, and women hold active and responsible positions within the organization. Housing and energy conservationists have maintained involvement since the start, realizing that the establishment of a viable, well-run business organization would bolster the effectiveness of the programs. As a non-profit agency, NCES has been dedicated to the goals of Equal Employment Opportunity and has offered employment to individuals who might find difficulty in the private sector because of age, training, sex or handicap, including individuals who choose to work in non-traditional roles. In order to facilitate its professional capabilities the agency holds a California State General Building Contracts License (B1), as well as an Insulation (C2) and Glazing (C 17) licenses. Nodh Coast Energy Services, Inc./P.O. Box 413, Ukiah, CA 95482 (707) 463-0303/(707) 463-0637 Fax/(800) 233-4480 HEAP Line Subject: Energy Conservation Programs Dear Customer, Please complete the enclosed application for services and return it to the above address. Please attach a copy of all the documents listed below: Income verification for all adults in the home. li.e. Check stub, bank statement, letter from Social Security for January 2001, AFDC (TANF) statement from Social Services). These documents must be dated within 6 weeks from the date we receive your application. · Copy of PG&E bill. Provide a copy of the bottom half of the first page. This must be dated Within 6 weeks from the date we receive your application. · Copy of other utility bills. (i.e. City of Ukiah bill, propane/oil/kerosene bill and/or wood) dated within 6 weeks from the date we receive your application. Depending upon your eligibility, you may be approved for one or all of the following energy conservation programs. Please check all programs that you are applying for: NOTE: Weatherization services are mandatory before receiving any other services or appliances. PG&E Bill City Of Ukiah Bill Weatherization Storm Windows *** Solar Screens J~JWood J~J Oil Bill J~J Heater Replacement Program * J~J Evaporative Cooler Program I~ Electric Hot Water Heater Replacement I~1 Propane Bill J~l Kerosene Bill I~1 Refrigerator Replacement Program ** I~1 Microwave Replacement [~iLights * Heater Replacement Program. Customer must be the homeowner to receive a new heater. ** Refrigerator Replacement. Refrigerator stays with the home and must not be removed if the customer does not own the refrigerator that is being replaced. *** Storm Windows. Some types of existing windows may not qualify for storm windows. YOUR APPLICATION WILL NOT BE PROCESSED WITHOUT THE ITEMS LISTED ABOVE RETURNED WITH YOUR APPLICATION. DO NOT call our office to request a status of your application. This will result in your application, as well as others, being delayed in processing. You will receive a letter in the mail stating if your application has been approved or denied. YOUR SIGNATURE BELOW CERTIFIES THAT YOU HAVE READ AND UNDERSTAND THE CONTENTS OF THIS LETTER. Signature: Date: AGENDA SUMMARY ITEM NO. lOt~ DATE: November 7, 2001 REPORT SUBJECT: AUTHORIZATION FOR PROCUREMENT OF A TEMPORARY PEDESTRIAN BRIDGE CROSSING GIBSON CREEK FOR USE AT THE INTERSECTION OF OAK MANOR DRIVE AND EAST GOBBI STREET The City of Ukiah has recently been notified that it will receive State Transportation Improvement Program (STIP) funding to reconstruct the intersection of East Gobbi Street, Oak Manor Drive, and Babcock Lane. Under the terms of the funding program, activities to be funded, including procurement of design services cannot begin until after the California Transportation Commission meeting in July 2002. At the earliest, construction at the intersection will not begin until the Fall of 2002. Local residents have expressed concern over pedestrian safety at this intersection and the City Council previously approved funding for a footbridge over Gibson Creek to improve safety. This work did not move forward in the hopes that the City would qualify for funding under the Safe Routes to School program in 1999/2000. The City was not successful, however indications were that the project ranked highly in the competition. An application for the current round of Safe Routes to School funding was submitted, but the results were not announced in September as expected. In the meantime, Public Works submitted the project for competitive consideration for STIP funding administered by Mendocino Council of Governments (MCOG) and did prevail. As stated earlier, the work will not begin for sometime and installation of a footbridge in the interim was deemed appropriate. Staff contacted the Skip Gibbs Company (GIBBS), a local supplier of railcar bridges, and requested pricing for a bridge, with handrails, and set in place at a temporary location. The company is well known for its work and there are no other companies supplying a similar product. GIBBS also proposed to buy back the railcar bridge at the time the intersection improvements are underway, since the temporary bridge would no longer be needed. Purchase and installation price for the bridge assembly is $13,653.90. The buyback amount, less the cost of transporting the assembly from the site, is $2,935.00, resulting in a net cost to the City of approximately $10,718.90. The project is eligible for funding from the Trans-Traffic Congestion Relief Fund (Fund 342). The adopted budget authorized a total of $109,000 of expenses in this fund and thus the bridge cost will be accounted for in account 342.9502.800.000. Staff believes this solution to the particular safety issue is appropriate and cost effective. Staff recommends Council's authorization to procure a railcar bridge for temporary use at this intersection. RECOMMENDED ACTION: Authorize procurement of a temporary pedestrian bridge crossing Gibson Creek for use at the intersection of Oak Manor Drive and East Gobbi Street. ALTERNATIVE COUNCIL POLICY OPTIONS: Do not authorize procurement. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Diana Steele, Director of Public Works / City Engineer Diana Steele, Director of Public Works / City Engineer Candace Horsley, City Manager 1. Skip Gibbs Company proposal dated October 24, 2001, pages 1-5. APPROVED: Candace Horsley, City M~ger SKIP GIBBS COMPANY, RAILSPAN®/NEWSPAN® STRUCTURES 949 School Way / P. O. Box 260 Redwood Valley, CA 95470 707 485-5822 FAX 707 485-0860 e-marl: bridges @ skipgibbs, com General Engineering Contractor California License #603730 24 October 2001 Ms. Diana Steele City of Ukiah Public Works 300 Seminary Avenue Ukiah, CA 95482 Dear Ms. Steele: INC. ATTACHMENT t Please find the quotes for your temporary bridge project following. We have followed the order of your questions in your letter of October 22, 2001. Should this meet with your approval, we will need a purchase order and a signed wet-ink copy of this quote returned to our offices. When we receive these items, we will be able to schedule your project into our production schedule, and give you a more clear idea as to when you should expect your completed Railspan® bridge module. We would appreciate as much as notice as possible, but should be able to install within two weeks of authorization assuming the crane contractor is available. We are proposing a temporary steel abutment which would be a steel box, about 21" x 100" x 6" under each end. If you consider that this footprint is sufficient for the weight (about 13-14,000#) of the bridge on the soil, this would be the fastest and easiest. We have these steel boxes available. We would suggest that the city prepare a pad that size with some crushed rock on it. We would position these temporary supports and then set the flatcar beam on the support at each end and weld the beam to the support. As you can see from the section included, the flatcar beam is 15"deep at one end and 30" at the other. The other solution, which will be somewhat harder to remove later, is the concrete grade beam. It should also have the minimum footprint for stability in our local mud, and would have two anchor bolts placed to receive the anchor plates, per our usual connection system. We would weld the flatcar beams to the anchor plates. We are including a sketch of our usual connection details, as well as sketches of your bridge. A. Railspan® bridge near Oak Manor School · (1/2) ea. Railspan® 89' long x 8'6" wide all steel standard level steel deck flatcar bridge module, with 8" high sidesills on either side, ends plated so that dirt make be pushed against the ends to make appropriate ramps. Installation of (1/2) Railspan® module at site, including hire and coordination of appropriately sized crane, unloading and placement of structure, welding of module to substructure as applicable. Includes traffic control during unloading and placement of structure. The City will have prepared the landing areas at each end of the bridge (1) ea. Delivery as close as practicable to job site, F.O.B., not including oversize load escort vehicles, where required by law. Any loose materials will be delivered at same time as bridge module(s), unless otherwise noted. Total, inCluding CA Sales tax where applicable Deposit required to-: begin fabrication Terms: P. urChase order; Payment Net ~20 $9;887.50 - Quote Continued, 10/24/2001, Page 2 - B. & C. Pedestrian Handrail, 42" high · Light pedestrian hand railing, 42" high, consisting of TS 2-1/2" x 2-1/2" x .188" posts, $'0" max on center, and (4) TS 1-1/2" x 1-1/2" x .188" rails, spaced for AASHTO standard pedestrian spacing (6" max. opening below 27", 8" max. above.) OR · Light pedestrian railing, 42" high, consisting of TS 2-1/2" x 2-1/2" x .188" posts, 6'-0" max. on center, and (2) TS 1-1/2" x 1-1/2" x .120" rails, equally spaced, with 48' chain link installed outside the rails. Total, including CA sales tax where applicable $3,766.40 Deposit required to .begin fabrication Terms: Purchase order, Payment Net 20 D. Removal and reinstallation of Railspan® bridge behind the oak Manor School · Removal and re-installation of (1/2) Railspan® module at school site, including hire ATTACHMENT,, $2,70:0.00 and coordination of appropriately sized crane, loading, unloading and placement of structure, as well as welding of module to substructure as applicable. Work to be done per your letter dated Oct 22, 2001 defining responsibilities of City, their contractor and Skip Gibbs Company, Inc.) · (1) ea. Delivery as close as practicable to job site, F.O.B., not including oversize load escort vehicles, where required by law Any loose materials will be delivered at same time as bridge module(s), unless otherwise noted. Total, including .CA sales tax where applicable Deposit required to. begin /abrication Terms: :Purchase order, ~Payment Net20 E. Buy back · Should the school not wish to have the bridge installed when the intersection is remodeled, we could buy back the bridge. Our normal conditions would be to buy back the bridge for one half of the value of the bridge, in this case $5135, less the expenses involved with the removal and hauling of the bridge, in this case $2200. (This figure is without sales tax, not sure if cities charge sales tax!) Total:'. including CA sales ~tax Where aPPliCable ~ $2~93'.5~00 Deposit required to ~begin fabrication~ Terms: purchase order; Payment Net20 Katie Gibbs, Skip Gibbs Company, Inc. ALL QUOTES ARE SUBJECT TO AVAILABILITY OF PRODUCT AT TIME OF PURCHASE. A CONFIRMED ORDER WITH A DEPOSIT AS SPECIFIED ABOVE RESERVES BRIDGE MODULE(S). THIS QUOTE IS SUBJECT TO THE ATTACHED CONDITIONS OF SALE. Please sign and return one copy with deposit. Thank you! ACCEPTED BY: City of Ukiah Public Works CITY OF UKIAH PUBLIC WORKS PURCHASE ORDER #: DATE: CONDITIONS OF SALE RAILSPAN® ATTACHMENT ,.[ ,,. All sales are made subject to the following Conditions of Sale. The acceptance by Skip Gibbs Company, Inc. (hereafter "Seller") of any purchase order, deposit, delivery, or other agreement to purchase is expressly made conditional on Buyer's assent to these Conditions of Sale. Buyer desires to buy certain Railspan® steel bridge superstructure module(s) (hereafter "Module(s)") as described hereto, and Seller desires to sell same to Buyer. 1. PURCHASE PRICE: The purchase price of the Module(s) shall be as stated on the Proposal/Invoice attached hereto, and shall be deemed sufficient consideration for the sale. This price is valid forty-five days from the date of the Proposal. 2. PAYMENT & TERMS: Generally a 50% deposit shall be due in order to commence fabrication of the Module(s), however in no case shall the payment terms exceed Net 30 days from the date of shipment. A late charge of 1-1/2% per month which is an annual percentage rate of 18% will be charged on invoices not paid within the time. period of the terms specified on the Seller's Invoice. Failure of Buyer to make timely payments as outlined in the terms on the face of this documents shall constitute a material breach of the Conditions of Sale. In the event Buyer fails to make payment of the purchase price or any portion thereof when due, Seller shall have the right to employ an attorney to collect the balance due and Buyer agrees to pay all collection costs incurred by Seller, including its reasonable attorneys fees. 3. TAXES: For all deliveries made within the State of California, the Buyer agrees to include the current legally required sales tax as stated on the Proposal/Invoice attached hereto in Buyer's payment to Seller. All other taxes shall be Buyer's responsibility. 4. TITLE: Unless otherwise expressly agreed, title to products priced at destination shall pass to Buyer upon delivery at the destination specified, as soon as Module(s) is/are lifted from the transportation vehicle(s), or in the case of Module(s) installed by Seller, as soon as Seller has placed Modules on the foundations. Title to Module{s) priced at Seller's shipping point shall pass to Buyer upon delivery at such shipping point, as soon as Module(s) is/are lowered onto Buyer's transportation vehicle(s). 5. DESIGN & DRAWINGS: Seller shall not be responsible for the correctness of structural designs or details prepared by others. Issuance of shop drawings or verbal recommendations for purposes of clarification by Seller or other efforts to expedite handling shall not be considered structural or engineering advice. 6. NO ENGINEERING: Buyer understands that Seller is not competent to, does not intend to, and does not hereby bind itself to, perform any engineering services whatsoever, of any kind on any aspect of the Module(s) or how they relate to installation. Unless expressly written otherwise in the body of the Proposal/Invoice, no Module(s) sold by Seller shall be accompanied by any type of structural engineering calculations or drawings. 7. INSPECTIONS: Buyer hereby expressly assumes all responsibility for inspecting and analyzing the flatcars, their physical condition and their suitability for Buyer's use. Buyer shall retain professional assistance where appropriate. Where required by the project engineer, Buyer shall employ a special independent inspecting firm to inspect Module(s). Buyer agrees to pay charges for special inspections. 8. DELAYS: In the event of any delay in Seller's performance due to any cause beyond Seller's reasonable control, Seller shall have such additional time within which to perform this contract as may be reasonably necessary under the circumstances and shall have the right to apportion its production among its customers in such a manner as it may consider to be equitable. 9. COATING DISCLAIMER: Seller provides two alternate types of coatings on all'Railspan® Module(s), where required. A. URETHANE COATING: When abrasive grit blasting and re-coating the Module(s), the Seller agrees to do the best job possible considering the structural complexity of the Module(s). The goal is to protect the Module(s) from corrosion and thereby increase the life span and reduce maintenance. The Seller follows industry standards for abrasive grit blasting and re-coating, however, due to the complexity of the Module(s), some areas are inaccessible for blasting, and occasional runs and a certain amount of unequal thickness may be apparent. There may be small areas which escape complete coating coverage. Touch-up coating is included with each delivery. Coating touch-up may be required from damage in transit or over areas that require welding during installation. B. RAILSPAN® /ESTHETIC ENAMEL COATING: On all Railspan® projects where the Buyer does not desire the Module(s) to be abrasive grit blasted and re-coated, Seller will coat the visible side-sills of, and any railings on the Module(s) with high quality industrial primer and enamel. The presence of the original coatings is the entire responsibility of the Owner. Seller hereby expressly disclaims any responsibility for the quality of the original flatcar coatings, the types of coatings used or the amount of coatings remaining on the Module(s). 10. STORAGE FEES: If Buyer fails to take delivery of Module(s) within one (1) month of express verbal or written notice of Buyer's requested date of completion of Module(s) by Seller, additional storage charges shall apply. A storage fee in the amount of 2% per annum of the total invoiced sum for the Module(s) shall be assessed following one (1) month of storage. Following six (6) months of storage the storage fee shall be 5% per annum thereafter. 11. DELIVERY: Seller will attempt to meet Buyer's request for delivery. Buyer must notify Seller of shipping cancellations with at least 72 hour advance notice. Any charges at destination for spotting, switching, handling, storage, and other accessorial services, and demurrage, shall be for Buyer's account. Unless otherwise agreed all means of transportation and routing in FOB destination shipments shall be designated by the Seller. Seller shall not be responsible for delays in delivery or performance due to causes beyond its reasonable control. Risk of loss or damage in transit shall be borne by carrier. When Module(s) arrive at job site, Buyer shall make a diligent effort to off-load Module(s) promptly from delivery vehicle in a safe manner, except in the case of Module(s) installed by Seller. Buyer agrees to check all Module(s) and loose materials against shipping papers immediately upon delivery. Claims must be made to Seller in writing within ten days after delivery to Buyer and Seller must be given a reasonable opportunity to investigate any such claims. 12. BUYER'S OBLIGATIONS: Bridges are installed in an active environment and require constant, diligent observation and maintenance. Buyer understands and acknowledges that it is responsible to obtain or already has obtained the following items: A. Project permits from all appropriate local and governmental regulating authorities. 1/2 B, Engineering for all aspects of the bridge specifically including but not limited i. The Railspan® Modules vi. ii. Geotechnical and Hydrological analysis vii. iii. Erosion protection including rip-rap, finish viii. grading, backfill ix. iv. Reinforced concrete or driven piling x. substructure ATTACHMENT t Vehicle guard railings, approach railings Pedestrian / equestrian / bicycle railings The coating used on the Module(s) Reinforced concrete decks / sidewalks / curbs Bridge finished driving / walking surface materials v. Details used to connect the Module(s) xi. Utility duct hanging devices C. Appropriate heavy equipment machinery to responsibly and safely off-load the Module(s) from the delivery truck or r'ailcar or other method of shipment. D. Completion of the bridge in a safe and diligent manner such as to provide a safe bridge for vehicle and/or pedestrian/equestrian/bicycle crossing as soon as possible after installation of the Module(s) 13. LIMITATION OF LIABILITY/INDEMNIFICATION OF SELLER: All Railspan® Module(s) are sold "AS IS', without warranty as to condition of Module(s) or fitness of Module(s) for Buyer's intended use. Buyer hereby agrees to hold harmless and indemnify Seller against any and all lawsuits, claims, demands, damages, losses, expenses or related costs (specifically including attorneys' fees and court costs), caused by, arising from or associated with the Buyer's or any other person's use or misuse of these Module(s) as a bridge. This limitation of liability applies to any and all liability or cause of action however alleged or arising. 14. INTENDED USERS: Buyer understands that the actual flatcars which comprise the structure of the Railspan® Module(s) were not originally constructed for use as part of a bridge. Seller's products are intended for ultimate purchase by responsible bridge users and for maintenance and inspection by persons trained and experienced in the use and maintenance thereof. BuYer understands that Module(s) are not intended for abusive loadings above and beyond project engineer's calculated capacities. 15. DISPUTE RESOLUTION: The parties will attempt in good faith to resolve any controversy or claim arising out of or relating to this agreement by negotiation, failing which they shall attempt to settle the dispute by mediation in accordance with the Center for Public Resources Model Procedure for Mediation of Business Disputes. 16. CHOICE OF LAW / VENUE: This agreement shall be governed by the laws of the state of California. Buyer, acting for itself and its successors and assigns, hereby expressly and irrevocably consents to the Jurisdiction of the state and federal courts of California for any litigation which may arise out of or be related to this agreement. Buyer waives any objection based on forum non conveniens or any objection to venue of any such action. Should any legal action be brought about, it is mutually agreed that it shall take place in Mendocino County, California. 17. MODIFICATION OF TERMS: Buyer can not modify, cancel or otherwise alter this agreement without Seller's written consent. Any such cancellation, modification or alteration shall be subject to conditions as negotiated at such time which shall include protection of Seller against loss. 18. COMPLETE AGREEMENT: These Conditions of Sale and the attached Proposal/Invoice constitute all of the terms and conditions of the sale of the Module(s) furnished by the Seller. There are no oral representations or agreements between Buyer and Seller. There is no understanding express or implied modifying, supplementing or excluding any part or all of these Conditions of Sale unless made in writing and signed by Seller's authorized representative. These Conditions of Sale and accompanying Proposal/Invoice may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 19. LEGAL AUTHORITY TO SIGN: Buyer has full legal authority to sign these Conditions of Sale, has obtained all necessary authorizations, actions and/or approvals necessary to sign these Conditions of Sale and legally bind Buyer to the obligations undertaken herein, and the person signing these Conditions of Sale on behalf of the Buyer is authorized by Buyer to execute these Conditions of Sale and does thereby legally bind Buyer to the terms and conditions of these Conditions of Sale. 20. SUCCESSORS/ASSIGNS: This agreement shall be binding on and shall inure to the benefit of Seller and Buyer and their respective successors and assigns. Buyer shall obtain, in the event of assignment, assignee's assumption of all of Buyer's obligations included in this Agreement. The covenants, representations, and warranties contained in it shall survive the sale or transfer of the affected property. 21. EXCLUSIONS: All items not specifically included in the attached Proposal/Invoice shall be deemed to be specifically excluded. 2/2 ATTACHMENT 1 ,,9-Z i / ! / / / .... / / i Ill ITEM NO. 1__0c DATE: November 7, 2001 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION MAKING APPOINTMENTS TO TRAFFIC ENGINEERING COMMITTEE Due to the resignation of Diane Zucker (public member) and Stephen Turner (MTA representative), there is a need to fill those vacancies on the Traffic Engineering Committee. A notice was posted and sent to the media advertising the vacancy for the "public member". According to the City Code, a representative of the local transit authority (MTA) is also a member of the Committee. A letter was sent to MTA requesting its recommendation for a representative. On October 24, 2001, an application was received from MTA for Douglas "Doug" Pilant to be its representative. As of the deadline of November 1,2001, two applications for the "public member" were received by the City Clerk's office. The applications of Kevin T. Cotroneo and Stephen Turner are attached for your consideration. Per City Council policy, the nominations for Commission/Committee vacancies are rotated among Councilmembers. Councilmember Libby has the responsibility for the initial nomination of a "public member" to the Traffic Engineering Committee. RECOMMENDED ACTION' Adopt Resolution making appointment to the Traffic Engineering Committee for the "public member". ALTERNATIVE COUNCIL POLICY OPTIONS: Direct staff to re-advertise for all or selected vacancies and reschedule appointments accordingly. Citizen Advised' Requested by: Prepared by: Coordinated with: Attachments: N/A Ukiah City Council Marie Ulvila, City Clerk ~/.~.-.-; ~Z-~'~-~~._.~ Candace Horsley, City Manager and Diana Steele, Public Works Director 1. Resolution making appointments to the Traffic Engineering Committee 2. News Release announcing vacancies 3. Terms of City of Ukiah Boards and Commissions 4. Letter of resignation submitted by Diane Zucker 5. Application for MTA representative to the Committee 6. Applications for appointment as "public member" 7. Resolution 2001-61: Procedure for Filling Vacancies on City Commissions and Boards APPROVED: c.~ ,-fb- Candace Horsley, City ~anager ASR: Commission Appointments 110701 ^TTAC.MEN _/__ RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH MAKING APPOINTMENTS TO THE TRAFFIC ENGINEERING COMMITTEE WHEREAS, on October 11,2001, Diane Zucker submitted her resignation as the "public member" to the Traffic Engineering Committee; and WHEREAS, Mendocino Transit Authority (MTA) has requested that Doug Pilant be designated as its representative on the Traffic Engineering Committee; and WHEREAS, the "public member" vacancy was duly advertised until the close of applications on November 1, 2001, with submitted applications timely received and submitted to Council for consideration. NOW, THEREFORE, BE IT RESOLVED, that the Ukiah City Council approves the nomination submitted per procedures outlined in Resolution No. 2001-61, and does hereby appoint to the Traffic Engineering Committee as its "public member". PASSED AND ADOPTED this 7th day of November, 2001, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Phillip Ashiku, Mayor ATTEST: Marie Ulvila, City Clerk NEWS RELEAS VACANT SEAT ON CITY OF UKIAH TRAFFIC ENGINEERING COMMITTEE DATE: FOR RELEASE: SUBJECT: CONTACT: October 18, 2001 Immediately Vacancy on City of Ukiah Traffic Committee Marie Ulvila, City Clerk, 463-6217 Engineering UKIAH, CA. - The City of Ukiah announces an opening for one public member on the City of Ukiah Traffic Engineering Committee. If you are a City of Ukiah resident, of driving age, and are interested in serving as a volunteer on the committee, we urge you to fill out an application. Any qualified individual who would like to make a difference in the community may apply. Pursuant to the Municipal Code, the Traffic Engineering Committee serves as the City's Traffic Engineer. The general duty of the Traffic Engineer is to determine the installation and proper timing and maintenance of traffic control devices and signals, to conduct engineering analyses of traffic accidents and to devise remedial measures, to conduct engineering and traffic investigation of traffic conditions and to cooperate with other City officials in the development of ways and means to improve traffic conditions, and to carry out the additional power and duties imposed by City Ordinances. In most cases, the Traffic Engineer submits its recommendations to the City Council for approval. Applications may be obtained at the reception counter in the administration wing of the Ukiah Civic Center, 300 Seminary Avenue, or by calling the City Clerk's office at 463-6217 and an application will be mailed to you. The deadline for submittal is November 1,2001 at Noon. The appointment will be made at the regular City Council meeting of November 7, 2001. Marie Ulvila, City Clerk C; KUKI/KIAH KPFM PRESS DEMOCRAT KWNE KOZT UKIAH DALLY JOURNAL KFWU KZYX KMFB/Channel 8 KNTI 300 SEMINARY AVENUE UKIAH, CA 95482-5400 Phone# 707/463-6200 Fax-# 707/463-6204 Web Address: www, cityofukiah.com ATTA~ L ~ TERMS OF CITY OF UKIAH BOARDS AND COMMISSION MEMBERS As of July 5, 2001 *Next Councilmember to nominate for appointment to this Commission/Board. Planning Commission-3 year term - (Libby*) Mike Correll Judy Pruden Joe Chiles Gaither Loewenstein Robert Wallen Date of Current Present Term Appointment Expires 7/05/01 6/30/04 7/17/99 6/30/02 7/05/00 6/30/03 7/05/01 6/30/04 7/05/01 6/30/04 Airport Commission - 3 year term ** - (Libby*) **Ken Fowler - Chairperson Mark Ashiku Michael Whetzel **Allen Rogina James Mulheren 6/30/01 6~30/04 6/30/01 6/30/04 6/30/01 6~30/04 8/04~99 6~30/02 6/30/01 6/30/04 ** Two Commissioners may reside within the Sphere of Influence Parks, Recreation, and Golf Commission - (Libby*) Jon Henderson Chamise Cubbison Robert Beltrami Perry Ramsey - Men's Golf Club Susan Johnson, Chairperson Judith Waterman - Women's Golf Club Faye Hefte - Golf- Public Member 7/05/98 6/30/04 7/05/01 6/30/04 7/05/01 6/30/04 7/05/01 6/30/04 8/18/99 6/30/02 7/05/00 6/30/02 7/05/00 6/30/02 Desi_qn Review Board - (Ukiah Redevelopment Agency - 3-year term - Commissioner Baldwin*) Thom Parducci, Chairperson 6/30/95(Retro) 6/30/01 Dororthy (DeDe) Ledford 6/30/01 Donna Berry 10/15/97 10/15/00 **Joan Schlienger (at large) 02/18/98 6/30/00 Marge Boynton 01/20/99 6/30/00 *Five persons with design experience: four shall reside, or own real property or a business within the City of Ukiah City Limits; **one shall represent the community at large with no ownership or residence requirement. Investment Oversight Committee - Public Member 2-year term - (Ashiku*) Phillip Ashiku - Mayor Roy Smith - City Councilmember Candace Horsley - City Manager Gordon Elton - Finance Director Monte Hill - Public Member 7/05/00 Allen Carter - City Treasurer, Chair 6/30/02 Terms: July 5, 2001 Page 1 of 2 TERMS OF CITY OF UKIAH BOARDS AND COMMISSION MEMBERS As of July 5, 2001 Traffic En_qineering Committee - (Libby*) Diane Zucker Steve Turner (MTA Rep.) Benjamin Kageyama (Public Rep.) City Manager- Candace Horsley City Engineer- Diana Steele Police Chief - John Williams Planning Director - Charley Stump Superintendent of Public Works - Jim Looney Date of Current Appointment 4/05/00 6/15/88 10/06/99 Civil Service Board Albert Beltrami (reappointed by Council 9/6/95) Bill Webster (appointed by employees on 10/25/99) Dan Saylor (appointed by two other members) Present Term Expires City Re_Dresentative on the Library Advisory CommisSion Ann Fatch 11/04/92 Cultural Arts Advisory Board - Mastin* Currently Inactive Demolition Permit Review Committee - 2 year term -...!...n.....a.....c...t!...v....e.. Director of Public Works/City Engineer (all other terms have expired) City of Ukiah Disaster Council Mayor - Phillip Ashiku 12/20/00 Councilmember- Kathy Libby 12/02/98 City Manager - Candace Horsley 12/02/98 Assistant City Manager -Albert Fierro 2000 Police Captain - Chris Dewey 2000 Fire Operations Captain - Bill Woodworth 11/05/97 City Attorney - David Rapport (no vote) 11/05/97 Federal, State and Local Organizations: American Red Cross California Dept. of Forestry Mendocino Emergency Services Authority Mendocino Transit Authority Pacific Bell Pacific Gas and Electric Radio Amateur Civic Emergency Services (R.A.C.E.S.) Chair First Vice Chair Second Vice Chair Ukiah Chamber of Commerce Ukiah Unified School District Ukiah Valley Medical Center Emergency Services Coordinator - Staff Terms: July 5, 2001 Page 2 of 2 TO: Traffic Engineering Committee FROM: Diane Zucker To the members of the traffic engineering committee, I regretfully must submit my resignation from the committee because my new teaching position requires me to teach in the late afternoons. It has been a pleasure to be a part of a committee that works so well together. Sincerely, Diane zUCker Date CITY OF UKIAH APPLICATION FOR TRAFFIC ENGINEERING ip OCT 2 4 200~ I am applying for an appointment to the City of Ukiah's Traffic E 1. Name 2. Residence Address 3. Business Address 4. Employer AJ~Jcc~v,~ T,-,~v,s;-~ /~vl~:~;~7- Job title ~l~s~i. ~e~l l, tS~'. Employed since 5. How long have you resided in Ukiah? I~¢'years; Mendocino County? i '"~"California? Res. Phone Bus. Phone 6. Please list community groups or organizations you are affiliated with. Indicate office held. ~-rr 5q.~ I Ker~e~- A4PO "-- ' ' / Please answer the following questions on separate sheets of paper and attach. 7. Why are you applying to s_,_erve on the City, of Ukiah's Traffic Engineering Committee? 8. What is your understanding of the purpose, role and responsibility of the Traffic Engineering Committee? - 9. How do you believe your own skills, experience, expertise and perspectives will be beneficial to the work of the Traffic Engineering Committee? · 10. What do you believe is the single most important traffic related issue facing our community9 and why?., , ~ · '- - · - 11. in your opinion, what other transportation issues/problems should the City expend its limited resources to resolve? 12. What kinoof ideal communit do ou envision for Ukiah'~ . -" .--- -e-, .... 13. Are there any Other City of Ukiah Committees/Commissions in which you are interested, and on which you would be willina to serve'~ · 14. Do you i~ave any known pro]ems or conflict of interest related to this Committee? SUBMIT THIS APPLICATION TO: City of Ukiah, Attn: City Clerk, 300 Seminary Avenue, Ukiah, CA 95482-5400 Comms:aptrafc Revised: 8/20/99 00T-29-01 NON 05:41 Pti CITY OF UKI~H FfiX NO, 7074636204 ATT~~4:~_.___ CITY OF UKIAH FOR APPLlCA.'['.ION T .t:~_.FF!_C ENGINEERING COMMIT?__EI~ APPQINTMEN.T ! am applying for an appointment to the City of Ukiah's Traffic Engineering Committee 1. Name ~'z/~v. .....//~/_ J'~ _~_.O'~'/'~)'/k,/..?_- 0.. , 2. Residence Address ~~ (.~Jj~-r-$o/~,l j~ Phone_ 3, Business Address _..(~/0~ ~i/~~ ~'lZ'~~_~~,~/, Bus. Phone 4. Employer ~~. ~ ~ ~~~Job title_ ~~G~ ~ I Employed since_ 5. How long have you resided in Uki~h? _~ years; Mendodno Ooun~?~ California? 6. Please list community groups or organizations you are a~liated with. lndi~te o~ held. .... _. Please answer the following questions on separate sheets of paper and attach, 7, Why are you applying to serve on the City of Ukiah's Traffic Engineering Committee? 8, What is your understanding of the purpose, role and responsibility of the Traffic Engineering Committee? . 10. 11, How do you believe your own skills, experience, expertise and perspectives will be beneficial to the work of the Traffic Engineering Committee? What do you believe is the single most important traffic related issue facing our community? and why? in your opinion, what other transportation issues/problems should the City expend its limited resources to resolve? 12. 13. 14. What kind of ideal community do you envision for Ukiah? Are there any other City of Ukiah Committees/Commissions in which you are interested, and on which you would be willing to serve? Do you have any known projects or conflict of interest related to this Committee? SUBMIT THIS APPLICATION TO: City of Ukiah, At'tn: City Clerk, 300 Seminary Avenue, Ukiah, CA 9S482~5400 Comms:aptrafc Revised: 8/20/99 ,j OCT 2001 ,, CITY OF UKIAH CITY CLERK'S DEPARTMENT Kevin Cotroneo Application for Traffic Engineering Committee Responses to Application Questions 7). I am applying for a position with the Traffic Engineering Committee as I am very near retiring after 28 years of service with the California Highway Patrol. I have always been service oriented towards the communities I serve and I see an opportunity here to further serve the community in which I reside. 8). My understanding of the purpose of the Traffic Engineering Committee is to review locations and traffic incidents involving traffic complications and problems, cooperating with other City officials while doing so, and to collectively make recommendations to the City Council for solving these problems. With the possibility of the city being held responsible in a civil litigation, it is the Traffic Engineering Committee's responsibility to assist the City in avoiding civil litigation whenever possible. The Traffic Engineering Committee should also look to development and future planing for improved traffic conditions and methods for coping with growth. 9). I can offer 28 years of field experience as a Highway Patrol Officer and Sergeant to the Committee. During this time, I have witnessed and investigated numerous incidents involving collisions due to engineering defects and I have reviewed and suggested roadway improvements. I have a very strong background in investigations and have interacted successfully with numerous allied agencies. 10). The single most important traffic related issue facing our community is awareness of potential traffic problems and future planning. We need to be aware that we are growing, it's inevitable. We need to be aware of possible civil litigation issues due to engineering defects. We need to work to alleviate traffic congestion and prevent collisions. We need to practice good risk management. 11). The City's resources would best be utilized in the maintenance of present equipment in place, and improvements and necessary additional controls as needed, with special consideration to the long term aspects of growth. 12). It is my sincere hope that Ukiah retains the same home town atmosphere it has now. However, growth is imminent in the near future and it behooves anyone in government to foresee and plan for that, and to provide as modern and safe an environment as possible for it's citizens. 13). I have not had an opportunity to explore the possibilities of other Committees or Commissions on which I would like to serve, but I am not opposed to serving wherever I can effectively be useful. 14). I have no known projects or conflicts of interest related to this committee. CITY OF UKIAH A_P_B~O N Fo~Fj__O ENGINEERIN.~__O]D_M MITT~_P_PQINTME .N_'[ I am applying for an appointment to the City of Ukiah's Traffic Engineering Committee 1, Name ........~q/.- ,,-~./~ ~ _/, >..,, ~.~ FY/~ _/'2". 2. Residence Address ] [2_ ) /~4' .z-~, x--~.- ,_~>/'-/r: ./" . . Res. Phone 3. Business Address. ?iD :.Y)!I__~/,'~ .~' _./~ ._~r~_____ Bus. Phone __ . / / - 5. How long have you resided in Ukiah? ~ yea~s; Mendocino Count? ~~ California? 6. Please list community groups Or organizations you,are affiliated wi,th. Indicate office held. Please answer the following questions on separam sheets eT paper n n. 10,' 11, 7. Why are you applying to serve on the City of Ukiah's Traffic Engineering Committee? 8. What is your understanding of the purpose, role and responsibility of the Traffic Engineering Committee? 9. How do you believe your own skills, experience, expertise and perspectives will i~e be to the work of the Traffic Engineering Committee? · What do you believe is the single most important traffic related issue facing our community? . and why? In your opinion, what other transportation issues/problems should the City expend its limited resources to resolve? ,. , 12.' What kind of ideal community do you envision for Ukiah? 13. Are there any other City of Ukiah Committees/Commissions in which you are interested, and on which you would be willing to serve? 14, Do you have any known projects or conflict of interest related to this Committee? SUBMIT THIS APPLICATION TO: City of Ukiah, Attn: City Clerk, 300 Seminary Avenue, Ukiah, CA ~$482-$400 Comms:aptrafc Revised: 8/20/99 OCT 3 1 2001 CITY OF UKIAH CITY CLERK'S DEPARTMENT i i. i L Steve Turner, 10/31/01 Supplemental Questions from application for Traffic Engineering Committee 7. I want to continue to serve on the Traffic Engineering Committee because the quality of traffic circulation has a significant impact on the quality of life of the City. Traffic consists of people traveling as pedestrians, on bicycles and in all sizes of motorized vehicles. Safe, efficient circulation promotes commerce and recreation without adding stress to the travelers or surrounding neighborhoods. I know from my 12+ years of experience on the committee that we have been effective at finding solutions to most of the problems presented to us. I enjoy being a part of this effective group and contributing to the maintenance of Ukiah's high quality of life. 8. The purpose of the committee is to solve traffic and circulation problems presented to it by staff and citizens. The role of the Committee is to serve as the City Traffic Engineer. The committee's responsibility is to find practical and effective solutions to safety and circulation problems. 9. I have 22 year of experience in public transportation management and 12+ years as a member of the Traffic Engineering Committee. I served on the Circulation Element Committee for the City's Growth Management/General Plan. I have training in accident investigation and driver training. I have held a commercial driver's license for 24 years. I believe I approach traffic and circulation problems from a technical point of view, keeping in mind the human impacts of the problem and possible solutions and propose practical solutions that enhance both the human and vehicular aspects of the situation. 10. The continually increasing number of vehicle miles on a road system of static capacity is the City's central problem. A major aspect of this is the limited east/west circulation. 11. The City should develop attractive alternatives (starting with the adopted bike and pedestrian plan) to relying primarily on single occupant motorized vehicles (cars). Our community is small enough and safe enough for walking and cycling to be viable alternatives to using cars for many trips. Both these modes are under- utilized and each additional trip that is made by one of these modes reduces auto congestion. 12. Quiet, peaceful, safe, economically vital and fiscally sound. All these characteristics are furthered by a balanced and well-maintained transportation system. 13. Not at this time. 14. Being a transportation professional, I frequently have projects that fall in the realm of interest of this committee but I do not believe I have any conflicts of interest. RESOLUTION NO. 2001-61 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING PROCEDURE FOR FILLING VACANCIES ON CITY COMMISSIONS AND BOARDS. WHEREAS, 1. Ukiah City Code §1151 provides that members of the Planning Commission shall be appointed in accordance with a procedure established by resolution of the City Council; and 2. The City Council adopted a procedure for filling vacancies on the City's boards and commissions, including the Planning Commission; and 3. The City Council has determined that using a uniform procedure will insure fair and consistent treatment of candidates and councilmembers; 4. The City Council has determined to amend its procedures for appointing commissioners; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts the following amended procedure for filling vacancies on the City's commissions and boards, including the Planning Commission. PROCEDURE FOR FILLING VACANCIES ON COMMISSIONS AND BOARDS The City Council shall fill vacancies on City boards and commissions, using the following procedure. 1. Applicant pool. The City Council shall develop an available pool of candidates for a vacancy by advertising the vacancy at least once in a newspaper of general circulation in Ukiah not less than thirty (30) days prior to the council meeting at which the vacancy is to be filled..The advertisement shall specify a deadline for submitting applications. All completed applications received prior to the deadline shall be included in the pool of available applicants, provided the applicant: a. meets the minimum qualifications for the position as established in the applicable Ukiah City Code section or resolution, establishing the commission or board; and b. participates in a personal interview, if the City Council conducts personal interviews for the position. An application shall be deemed complete when signed by the applicant. Applications included in an available pool may be used as a source of nominations for a period of one (1) year from the application deadline. 2. Exceptions. The following shall be considered for appointment or reappointment to a commission or board without submitting a written application: 1. Incumbents seeking reappointment for an additional term; 2. Elected officials seeking appointment in their capacity as elected officials; 3. City staff seeking appointment in their capacity as City staff; 4. All appointees, except public members, on the Investment Oversight Commission, Traffic Engineering Committee, Cultural Arts Advisory Board and the Disaster Board; 5. City Council members, including the Mayor, appointed in their capacity as City Council members; and 6. Appointments to the Civil Service Board. Any such exempt applicants shall be considered for appointment, if they submit a written request for consideration within 10 days of the date the appointment is made. 2. Nominations. Each Councilmember, including the Mayor, shall have the right to nominate a candidate from the available pool of candidates. a. The right to place a name before the City Council for consideration shall rotate among the Councilmembers based on seniority with the most senior Councilmember going first. b. The Council shall vote on each nomination as it is made. c. A Councilmember's right to make a nomination shall terminate and the right to nominate candidates shall rotate to the next most senior Councilmember, when a Councilmember's nomination is approved by a majority vote of the Councilmembers present or the Councilmember agrees to pass the nomination to the next most senior Councilmember, whichever occurs first. d. This process for rotating the right to nominate candidates among Councilmembers to fill vacancies shall be followed for each separate commission or board. (1) The City Clerk shall maintain a record of the last Councilmember to make a nomination for each commission or board. (2) When another vacancy must be filled on that commission or board, the next Councilmember in line to make nominations for that commission or board shall make the first nomination to fill the vacancy. PASSED AND ADOPTED this 6th dey of June, 2001, by the following roll cell vote: AYES: Councilmembers L~rson, Smith, Beldwin, end Meyor Ashiku NOES: Councilmember Libby ABSTAIN: None ABSENT: None A"I-I'EST: Marie Ulvila, City Clerk Philip A~hi~(u, Mayor AGENDA SUMMARY ITEM NO. ~.od DATE: November 7, 2001 REPORT SUBJECT: APPROVAL OF SELECTION OF LOCAL STREETS FOR REHABILITATION WORK TO BE FUNDED THROUGH THE 2002 STATE TRANSPORTATION IMPROVEMENT PROGRAM SUMMARY: The Mendocino Council of Governments (MCOG) has approved a new cycle of funding available for highways/streets/roads projects through the 2002 State Transportation Improvement Program (STIP). The distribution of funds to local jurisdictions is as follows: County of Mendocino $3,936,000 Ukiah $ 952,000 Ft. Bragg $ 513,000 Willits $ 427,000 Pt. Arena $ 172,000 MCOG has established a deadline of November 30, 2001 for jurisdictions to submit their project study reports (PSRs) complete with the list of street projects, to support the expenditure of the aforementioned funding. Staff has therefore established a list of recommended street repair projects (Attachment 1) based on the approved funding amount. As with the 2000 STIP, staff utilized the City's recently updated Pavement Management System (PMS) to select streets for repair. Under the 2000 STIP, staff selected street locations for both reconstruction (grind and repave, etc.) and preventative maintenance (thin asphalt concrete overlay, slurry seal). For the 2002 STIP, staff has utilized the PMS Budget Scenario report to identify a list of street projects, which would provide the best expense of funds to maximize the condition of the City street system. There was no 2001 STIP funding cycle. Twenty-three street sections are proposed for asphalt concrete overlays under the 2002 STIP at a total estimated cost of $952,000. A map with proposed street repair locations will be presented at the City Council meeting. The rehabilitation is scheduled for the summer of 2002. Staff recommends City Council approval of the list of proposed street sections for rehabilitation with the 2002 STIP Funding. RECOMMENDED ACTION: Approve the selection of local streets for rehabilitation work to be funded through the 2002 STIP. ALTERNATIVE COUNCIL POLICY OPTIONS: Select other streets for rehabilitation and direct staff to modify the list. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Diana Steele, Director of Public Works / City Engineer Rick Seanor, Deputy Director of Public Works Candace Horsley, City Manager (.~ 1. List of Recommended Street Repair projects for 2002 STIP APPROVED: RJS: AG2002STIP.SUM Can-d'~ce Horsley," City(~nager 2002 STATE TRANSPORTATION IMPROVEMENT PROGRAM STREET REHABILITATION LIST CITY OF UKIAH ~ 2002 STIP Street Rehabilitation List Beginning Ending Street Name Location i Location BUSH STREET S/SIDE LOW GAP N/SIDE GROVE AVE. CAPPS LANE , E/SIDE HOMEWOOD W/SIDE BUSH ST. CLAY STREET (WEST) W/SIDE MCPEAK ST. W/SIDE OAK ST. EMPIRE DRIVE ~DESPINA DR ~ 162 FT E/O HOMEWOOD GARRETT DRIVE W/SIDE ELM ST. W/SIDE STATE JACKSON AVENUE ~LIVE OAK AVE. !EAST END MAPLE AVENUE W/SIDE FAIRWAY W END MILL STREET (WEST) E/SIDE HIGHLAND W/SIDE MCPEAK MILL STREET (WEST) W/SIDE DORA ST. STATE ST. N. HIGHLAND AVENUE iS/SIDE PERKINS ST. !N/SIDE CLAY ST. OAK STREET , S/SIDE GOBBI ST. : S/SIDE FREITAS ST. PERKINS STREET (WEST) HIGHLAND DR. iW/SIDE OAK ST. PINE STREET 'ARLINGTON ST. iS/SIDE MAGNOLIA SCHOOL STREET , N/SIDE CLAY ST. MILL ST. SCHOOL STREET '~ S/SIDE SCOTT ST. iN/SIDE HENRY ST. SCOTT STREET PINE ST. i STATE ST. SIDNIE COURT iN/SIDE FORD ST. ~END SNUFFIN STREET N. PINE ST. iN. OAK ST. SOUTH AVENUE , OBSERVATORY AVE. CREEK N/SIDE LUCE SPRING STREET GROVE IN.SIDE WALNUT ST. FRANCIS WAY i N/SIDE MAPLE AVE. END STANDLEY STREET (WEST) E/SIDE DORA ST. iW/SIDE OAK ST. WAUGH LANE '824 WAUGH LN. i E. GOBBI ST. Date and Time Printed: 11/2/01 at 11:38 AM Filename: STIP2002-StreetRehabList ITEM NO. 10e DATE: November 7, 2001 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION OF RESOLUTION DESIGNATING PORTIONS OF MENDOCINO NATIONAL FOREST AND PARK LANDS AS WILDERNESS AREAS UNDER THE FEDERAL WILDERNESS ACT OF 1964 Attached for Council's consideration is a proposal submitted by Mayor Ashiku with regard to certain publicly held lands within Mendocino County to be designated as Wilderness Areas under the Wilderness Act of 1964. RECOMMENDED ACTION: Adopt Resolution designating portions of Mendocino County National Forest and Park Lands as wilderness areas under the Federal Wilderness Act of 1964. ALTERNATIVE COUNCIL POLICY OPTIONS: Provide further direction to Staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Mayor Phillip Ashiku , Marie Ulvila, City Clerk .~Z~_~._..,~:.... L~Z-~z--~.z~.? Mayor Phillip Ashiku 1. Letter to Council from Mayor Phillip Ashiku 2. Resolution 3. Background information from California Wilderness Coalition 4. Potential Wilderness Map Candace Horsley, ,~anager ASR: Wilderness Dr. Phillip Ashiku ATTACHMENT ,X,, 724 S. Dora Street Ukiah, CA 95482 (707) 468-0478 November 1, 2001 Ukiah City Council 300 Seminary Avenue Ukiah, CA 95482 Dear Fellow Council Members: On behalf of a number of concerned citizens, I've agendized a Resolution for your consideration which provides for certain publicly held lands within Mendocino County to be designated as Wilderness Areas under the Wilderness Act of 1964. The drat~ Resolution and enclosed map delineates the areas under consideration. The Mendocino County Board of Supervisors has adopted a similar Resolution. This Resolution supports statewide efforts to include certain publicly held lands throughout California. Senator Barbara Boxer and others in the California Congressional delegation will introduce legislation in the near future to support this effort. Ms. Joan Kelley, Ms. Ellen Drell and Mr. David Drell will be present to answer questions. Recommended Action: Discuss and consider adoption of Resolution. Thank you for your consideration. Sincerely, Phillip Ashiku, Mayor City of Ukiah RESOLUTION NO: 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH SUPPORTING THE DESIGNATION OF CERTAIN FEDERAL LANDS IN MENDOCINO COUNTY AS WILDERNESS THROUGH FEDERAL WILDERNESS LEGISLATION WHEREAS, certain federal lands in Mendocino County have outstanding value for protection of threatened fisheries, watershed protection, backcountry recreation, and other beneficial uses. NOW, THEREFORE, BE IT RESOLVED that the Ukiah City Council supports the designation of certain federal lands in Mendocino County as Wilderness through federal Wilderness legislation, including the Yolla Bolly-Middle Eel Additions, the Yuki Wilderness, Black Butte, Sanhedrin, English Ridge, and the South Fork Eel/Cahto Peak/Red Mountain areas. PASSED AND ADOPTED on the 7th day of November 2001 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Phillip Ashiku, Mayor Marie Ulvila, City Clerk Resolution No. 2002-15 Page I of 1 18/19/2881 14:34 §304?44808 RYAN HENSON CWC ,ATTACHMENT ,., . CALIFOILNIA WILDERNESS COALITION A Voice for wild c-ailforni~ ~X[C'~ftV~ DI~CTOR PAUL 5PT'n, EK HARRI ET ALLEN t~OM ~ARNE$ ' SAKAH ~0I FONTAINI F~NNIE HO0~ ;HiLtlF ~[N LI~ON MICHA[L MCCLO~Y ~ALLY MILLEt B~A~ ~HAN~ tILL ~&Y WATSON 26S5 PORTAGE BAY EAST SUITE 5 DAVIS, CA (530)758-0~80 (530)758-0382 ~IL INFO~CALWltD.O~G OP~NTED ON [ECYCLED PAPEK October 19, 2001 The i-le~ornble Dr. Phillip A~hilm City of Ukiah 3oo Seminary Avm~e Ukiah, CA 9544t2 OCT 19 t O1 , - CITY OF UKIAH CITY CLERK'S DEPARTMEN~ ~ M~or A~bilm: I understand fi`om Ellen and Dav/d Drell of the W-fllits Envirmunemnl Center and other local wilderness ndvo~ntes that you are sym~tie to our de~ite to prote~ ce~a~ a~eas of fuderal land in M~o Coumy ns wilderness. If this is indeed the cme, you codd help us immmsdy by expressin~ support for local wildeme~ in writin~ to ,Seant.~ Boxer nnd Relx, esent~ve Thompson at your enfliest posst~ ea~~ee. To make this as pahzlem as poesible, I have o-mailed you a semple letter of support to th~sc offi~ you oould ohm)ge as you see fit, print out on your o~cial letterhes~ end fax it to the numbers ~ in the e-m~l. I would also nppreeism a f~ oftheee letters for my reoords at the number given below. While this does not sound like mm;h wor~ Se~ntar Hater's ~ta~lt~ ~ it very ~ that they are intensely intcre~ed in w~at local elected oflieinls ~hink of our prapmals in the nffected cotmfie~ For belier or worse, this ~ill probably be the .deciding ~r far what gets included in Senator Boxer's ~ wilde~ess le~slatio~ and what does B(~ TI).~ a letter lYom you ~t this ~ time would be tremendously hell~l. We uadersmnd thnt the Semstar'$ staff nm on the verge ofdeei~ what will be in the bill. Please contact me ifyou hav~ any questions or comments. Your help is truly appreciated. Sinoero~, Ple~e repi~ to: California Witd~rness Coelition Northero C~lJfomie Field Office P,O. Box 293 Phone: 530-474-4~)g Fsx.' Same, plus '51 13-m~il: Ryaa~e~wild. ora 707-459-411t3 b!EC 142 F'134 SEP 10 ' 01 2_1:136 C A L t F O R N l A Wild Heri agie C A M P A I G 1'4 Wilderness What is the definition of wilderness? The Wilderness Act of 1964 defined wilderness as: "An area where the earth and its community of life are untrammeled by man, where man himself is a visitor who does not remain." The Act goes on re describe wilderness as 'an area of undeveloped federal land retaining its primeval character and influence, without permanent improvements or human habitation." Wilderness areas usually measure at least 5,000 acres, provide opportunities for back. country recreation, and may contain outstanding social or ecological values. Only Congress has the power to designate wilderness, What is a "roadless area?" A, 'rootless area" is a place that mee~s the congressional definition of wilderness bur_ which has nor yet been designated. ]~n ocher words, rootless areas have ~he characteristics of wilderness, but are potentially open to uses that would degrade their natural character· (,Conservationists also use the terms "unprotected · wilderness" and 'patemia~ v.'iiderness' in a s~mtlar way,) Is eYery vehicle route considered a road? No, The Federal Land Management and Policy Act of lg7~ defined a road as a route that is ~mproved and maintained to ensure continuous use. Therefore. a route created only by continuous (legal ar illegal) vehicle use is not a road. The Forest Service cielines a road as.a route ~hat is passable by a standard passenger vehicle. Hasn't President Clinton proposed. wilderness protection for rootless areas? No. Las~ year, the president called for greamr protection for national forest rootless areas and he instructed ~he Forest Service ~o make recommendations. The agency has proposed banning new roads in raadless areas larger than 5,000 acres, but did not recommend banning logging, mining or off-road motorized vehLcles. Whatever course of action the president chooses to follow, lc can only be admin:stra[ive pro[ecnon, which could be overturned by Congress or by a future adrmnis[rauon. As stated above, wilderness is a [egista~we desi§na~on [ha~ can only be estaolished or altered by Congress, How much wilderness is designated in California? Currently, California contains approximately 14 ;mliion acres of federal wilderness. This includes six m,'2ian acre,. managed by the Nadanal ~ark Service, 4,4 ,"nil!ion acres man~gedi by the Forest Service, and ~,6 million acres managed by the ]~ureau of Land Management, How many roadless areas remain in California? Currently, the state contains close ~o three hundred .rcadiess areas, totaling five to six million acres, rnosr of it managed by the Forest Service, The amount of roadless land in California is declining. A 1979 survey idencified 6.3 million acres of potential wilderness in Forest Service land alone, with millions of acres managed by other agencies. What activities are prohibited in wilderness areas? ~t\,'ilderness areas are managed to retain ~heir natural character, and are closed to activities [ha[ may inre~ere w~th natural processes. The Wilderness Act prohibits logging and commercial activities, except those necessar? to enhance vtsi~ors' enjoyment of wtlderness areas. The Act Mso bans me,or vehicles, aircraf~ landing, equipment, mo[orboars and any ocher form of mechanical transport (including bicycles). Roads are also forbidden, are structures and installations, (~Jo~e; pleas~ see ;:em on pdva[e properr7 owners For exceptions.) . ' Califorma WilO .~erilage Campaign · 9!5 20th S,re., Sacra .m~nto CA 95814 (916) 442-3155 wvv~v.califcrr~a,:,;Ic ::.-~ What activities are allowed in wilderness areas? All non-motorized and non-mechanized forms of recreation are allowed In wilderness areas. These include; hiking, camping, hunting, fishing, swimming, backpacking. horseback riding, rafting, skiing,, snow-shoeing and bird- watching. Wheelchairs (including electric wheelchairs) are also allowed in wilderness, Are hunting and fishing allowed in wilderness? Yes, although hunting is not allowed in national park wilderness, Otherwise, hunting and l~shing in wilderness are subject to the usual California Department of Fish and Game rules. Are mining and grazing allowed? Both mining .and grazing are allowed in wilderness area~. so Ion8 ~ such use was established before designation. However, the land mana§ement agency can require additional environmental safeguards and restoration prol;ecl: the natural integrity of the wildernes~ area. What about private property? Only federal land may be designated as wilderness, Private property inside designated wilderness areas can be acquired only if the owner agrees to sell, unless the acquisition is specifically authorized by Congress. Private land may be surrounded by wilderness, but w[lderne$~ area management restrictions - such as prohibitions on logging and road construction - do not apply to private land. Property owners must be assured 'adequate access' tO their paccels, and that could include permission to drive through wilderness, ts fire management allowed in wilderness areas? Once an'area becomes wilderness, land managers can still use fire as a tool to restore fire-dependent ecosystems. In addition, federal agencies are allowed to suppress fires in wilderness and may even use mechanized fire-fighting equipment if they so choose. Is there a permit system Or day-use fee for using wilderness? National parks charge fees. while the Forest Service and ]~ureau of Land Management most oil. ed do not. ~ermits may be required at the discretion of the land management agency, bu~ .P,'picaily only in the more popular wilderness areas. How can I help protect California's remaining wildemess areas? Join the California Wild Heritage Campaign. We are working with groups and people across the state to survey California's remaining unprotected wilderness areas a:~d ~o build broad-public support for wilderness preservation. Contact the campaign ac (916) 442-3155 x222. Where can I find more information on the Wilderness Act? · An excellen~ resource is 'The W{tderness ..!et Handbook' published by The Wilderness Society. It includes rne :e.xt of the Act, and reIated legislation and regulations. 89-18-81 21:85 TO:MPIC FROM:787 459 4118 P6)4 Mendocino County Potential Wilderness Map DRAFT Laytonville Fort Bragg Caspar Mendocino Little River Albion Rivers & Major Streams BLM PWA Boundaries ~/' Highways Lake Mendocino BPotential Wilderness Area Yolla Bolly Wilderness Parks Bureau of Land Management State & National Forests State Lands 33mber Industry Private Land Cities and Towns Linda Gray PO Box 904 Ukiah, CA 95482 707 468-8228 Ig ray@ pacific, net Irish Poirr Arena Anchor Bay 5 0 5 10 15 20 Miles 9/21/2001 d:~gis~wildmes\C~y Wilderness.apr ~rro Porte i He