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Home My WebLink About1998-04-15 Packet (2)Proclamation water ts a basic and essential need of life; and WHEREAS, our health, comfort and standard of l{fe depend on a ~eliable, abundant supply of sqfe, high-quality drinking water; and ~REAS, nearly 97~ of the world's water is salty or othentdse undrinkable, and 2% is locked in ice caps and glaciers, leaving only 1%for WHEREAS, Drinking Water Week focuses on the importance and Hmited nature of our water ~upply; and WHERF. AS, by focusing atten~on of drinking water awarene~ and consen~tion, Ukiah will be better able to meet the challenges of mointoin/ng sqfe, ample drinking water supplies; and WHEREAS, Drinking Water Week is an opportunity for ll~)~'nment, industry and residential community to ~ the value of this r~sour~e, and work to~ether to plan for a sustainable futur~; and WHERFAS, Drinking Water Week has been established to educate and btform the public of the ~ of a safe, ~eliable public water source, and the need for conservation and protection of this valuable resound, and to encourage increase~ community involvement in the decision making processes associated with the City's water mtpply. NOW, TIiZR~OR~, ~ Sheridan Malon~ M~ of the City of Ukiah, on ~haTf of ~ felZow City council ~, Jim M~t~ ~ .r, eZZy, .F'J~ZZip Ashiku, and Guadalupe Chavez, do hereby proc/a/m May 3-9, 1998 to be "Dr/nk/ng Water Week~ and urge all community members and bust~ of the City of Uktah to ass/st in the protect/on of our sources of water.from pollution thrmigh proper disposal methods, practicing water consen~tion, and becoming Sheridan Malone, Mayor IlqiEREA3; across America, in large c~i~ and ~t~ll town& l~ter carriers travel their rout~ everyday throughout aH con~n~i~; ~d ~E~S, ~t~e n~ ~d wom~ are keenly ~ter~ed ~ the well-being of their pie.~ and neighbors and uniquely aware of the hunger fac~g m~y famili~; and WHEREAS, thee individuals ~d the U.S. Postal Service have embarked on att ambitious project to help feed the hungry through the annual National Associatio~t of ~er Carriers (NALQ Food Drive; ~d ~ER~& po~al cu~omerx Mmply laave food Ran~ in bags by ~air mail boxes on the Food Dri[~ day. ~ the c~, &a~ ~rr~r com~ by that day d~'vering mail, the food ~ colle~e~ ~ back to a po~ ~n, th~ d~'~ed to th e local food ban~s; and ~WltE~}wh~beg~,~ap~otprograminJOc~i~J~gJhasgrownqttick~l,~ into the larg~t one-day food colle~ion ~ our n~ion. NOIt~ THE~FO~, L $h~ida, Malon~ Mayor of ~ C~ of U~iah, on beha~ of n[v fellow C~y Conncilmen~er~ Jim 3I~h~, ~r~ ~elly, Philli~ Ashiku, and Guadalupe Chave~ do hereby proclaim May ~ 1~8, ~ NALC NATIONAL FOOD D~FE ~ Y May ~. Four i~ter carri~ will pic~ ~ up and d~ ~ to ~e Food Bank. . WttEREAS, avoluntaryac~isdonebychoice, arisingfromone's ~ own free will acting on one s initiative; acting or serving in a specO~ed capacity willingly and without constraint or guarantee of reward; acting or performed without external persuasion or compulsion without legal consideration, payment, or valuable consideration; and WHEREAS, a VOLtrNTEER is a person who performs such acts or gives services of his or her own free will; and WHEREAS, APril 1~25, 1998 is 'National VO~EER Week'; and WHEREAS, North Coast Opportunities, the Ukiah Community Center, and alumni of Leadership Mendocino have joined together to ~recognizetheexemplaryVOLUNTEEReffortsmadebythecitizensof~ Ukiah on behalf of the City of Ukiah and the County of Mendocino; and WHEREAS, this recognition is now known as the 'MCOVI~ Awards for the Mendocino County Outstanding VOLUNTEER of the Year; and ~REAS, this recognition shall be offered to ail VOLUNTEERS ~inMendocinoCountyforoutstandingservicesattheMCOVYawards~ dinner/ceremony on April 23, 1998. NOW, THEREFORE, I, Sheridan Malone, Mayor of the City of Ukiah, on behalf of my fellow City Councilmembers Jim Mastin, Kristy Kelly, Phillip Ashiku, and Ouadalupe Chavez, do hereby proclaim April 19-25, 1998, as UIIIAH VOLUNTEERS WEEK and call upon the citizens of Ukiah to recognize those among us who ~ voluntarily give of their time, creativity, energy, intelligence, and ~ compassion to make our community a special place to live. Sheridan Malone, Mayor- w~hin 3 to 5 yea~s, Uk~ah will the headquarte~ for the iifline, Th~.:.yptan itOpartner ~th this venture. ' ~. Reaular Meetin= of March la. ~9~ MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting - April 1, 1998 A regular meeting of the Ukiah City Council, the agenda for which was legally noticed and posted, convened It 6:31 p.m. in the Ukiah Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California, Roll was taken and the following Councilmembers were present: Ch·viz, Kelly, Mastin, and Mayor Malone. Absent: Councilmember Ashiku. Staff present: Customer Service Supervisor Archibald, Public Utilities Director Barnes, Airport Manager Bul, Community Services Director DeKnoblough, Finance Director Elton, Customer Service Representstive Goodrick, Risk Manager/Budget Officer Harris, City Manager Horsley, Public Works Director Kennecl:~, Planning Director Sawyer, Senior Planner Stump, and City Clerk Henderson. 2. Pledae of Alleaianc~ Councilmember Kelly led the Pledge of Allegiance. Mayor Malone noted I Commendation honoring Dr. Glenn Miller for his. 50 ye~' serving the medical needs of the community will be presented at a reception for Dr.:=<Milier oft:April 5, 1998. 3a. Presentation. Proposed AiHine Darshan and Susan Mayginnes presented In UkJah, Commun/ty A/r. It is expected to begin service next March, s~ing passenger!traveling from Ukiah to Sacramento Airport and to San Francisco Airpor~:i!:!?~Y :Presented the Coun~.ii'~th copies of Community A/rs Mission Statement and a comparative:mS! analysis of various types of ground transportation between Uldah and San Francisco Airport...?hey'e~d: t0ttave · fleet of 50 airplanes the City in MIS Mastin/Kelly to approve the Minul'es of tl'~:Regular ~'~ting of March 18, 1998, as submitted, carried by the following roll call vote!: AYES: i:~uncilmembers Ch·viz, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: N~ne~:: ABSTAIN:i:i~e:i:::~SENT: None. .- ..-.. ....... 5, I~GHT TO APPEALiDECISlON ':: ';':: :: .... '::'; "';:i::.i. Mayor Malohe:~j~d the 6. CONSENT CALI;;NDAR Anne :CrOwder, Secret'~i~f~:Mendocino Solid Waste Local Task Force, addressed Item 6b, Acceptance of the Preliminary Draft Summary Plan as Part of the AB939 Integrated Waste Management Plan of MendoCino County. She outlined six additional recommendations the Local Task Force approved for the Preliminary Draft Summary Plan. The six recommendations were those inctuded in Customer.~rvice Representative Goodrick's memo of March 31, 1998 to Council. The CoUncil agreed to ~rporate five of the six recommendations in the Preliminary Draft Summary l:~n. ~iThe sixth recommendation, regarding the r'manclal impact of switching from landfills to transfer statiOns~::was m~erred to staff for analysis before inclusion in the plan. MIS Chavaz/Ashiku to approve the Consent Calendar as follows: a. Denied Claims for Damages received from Oni I..Giola and Christopher Evins, and referred to Joint Powers Authority, Redwood Empire Municipal Insurance Fund; b. Accepted the Preliminary Draft Summary Plan, with the inclusion of five Local Task Force recommendations, as Part of the ABg39 Integrated Waste Management Plan of Mendocino County; c. Adopted Ordinance No. 1000, Amending Section 7071 of the Uklah Municipal Code by Adding the Speed Zone of 30 MPH for Airport Park Boulevard; and d. Approved the Bad Debt Write-Off Report for Fiscal Year 1996/97. Regular Meeting. AI~ 1,1998 Page 1 The motion carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 7, AUDIENCE COMMENTS ON NON-AGENDA ITEMR Phil Baldwin, 607 Willow, urged the City to enforce the sign ordinance, commented on the noise generated by airplanes taking off to the north from the Ukiah Municipal Airport, and encouraged the Council to follow the General Plan regarding its recommendation to develop a rim trail around the Uklah Valley. City Attorney Rapport joined the meeting at this time. 8. PUBLIC HEARING -7:00 88. Ado;3tion of Resolution ADt)rovina CommunitV Develo;3ment Block Grant fCDBG! A~=lication - Ukiah Communitv Center Assistant City Manager Harril noted this grant application requests funds for th~:!~uch needed expansion of the Uklah Community Center's facilities. The City his had a J~ terrh'allianca with the Commun~ Center. This grant will be a significant benefit to the entire ~mm~itY with no financial obligation on the part of the City. Mayor Malone opened the Public Hearina at 7'06 -- · I=,. . , {~::: ~. > :::::::~: :::::::::::::::::::::::::::::::: . :t::::::::: Judy Judd, Executive Director of the Ukiah Community ~ler,.~ressed her g~:it01~he City for sponsoring this grant application. She noted the c, enle~ r~eeds to be enlarged aS'the number of clients being served continues to increase. The Public Hearing was closed at 7:08 p.m. · fMo/S Ma.s. tin/Kelly to adopt Resolution No. 9~,:!~ an AppliCation;;and Contract Execution r Funding from the General/Native American!Allocations of:the State :Community Development Block Grant (CDBG) Program and AuthoriZing the.!iExeCution~:ef.4'Grant Agreement and Any Amendments Thereto with the State of..~lifomia.~r tlie !Pu~0~i: of this Grant, carried by the following roll call vote: AYES: Councilmembers .Ch.~Vez, As!~iku,iiKelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: ~f~e. ....... .:i:!:i ! :. ! !ill:.! ;';: ::~=i:!:i:i;' ab. Introduction of Ordinance: Amendt'h'~' Articlei:::::.3.4 and $ of Cha~)ter 2 of the Ukiah Municipal Code Revising the RegUlatiOns for the Residential Zoning Districtll' ..... ;!:: il :!:::.;!:.:.~ i:: i:!ili:i!:i::i:. '::iii:ii:ii. ii:i;::ii; Senior Pl~ri~ump n'~Cl~'~tter wa~;~i~erecl at the last meeting. Staff has incorporated changes recommended by the ~Uncil .et that time and refined three sections: 1) yard setbacks in the R-1 Distri~;::2)second unit ;regulation; and 3)landscaping requirements in the R-2 and R-3 Mayor MIl~;::~:~::~!'~lic H~ring at 7:14 p.m. Judy :;~ruden, 304 S. ~ne:~':,' Chairman of the Planning Commission, noted the work of the Planning Commission in ~gard to this matter, agreed with the proposed allowable square footage for ;second units, commented on the value of second units to the state's housing stock, and ~p~rted the owner..:~upancy requirement for lecond units. . ..... ...:::::.:.::. Phil.:. Baldwin urg~';the Council to continue this matter, especially Is it related to second units, in Order :to altowmore public notice of this important issue. Senior Planner Stump noted second units are currently an allowable use in R-1 Districts and ample public notice of the hearings thereon has been provided. Gordon Elton, 514 West Smith Street, spoke in favor of owner occupancy for aecond units. Richard Shoemaker, 710 Willow Avenue, mentioned his concern for conversion of existing buildings that may not conform to these proposed new size limitations and asked that size limitations for second units be based on a scale proportionate to the lot size. Howell Hawkes, 708 Willow, preferred owner occupancy for second unit development and generally supported the Planning Commission's recommendations. Regular Meeting. Ap~ 1,1998 Page 2 The Public Headng was closed at 7:34 p.m. The Council entered into lengthy discussion of this matter, especially as it pertained to the owner occupancy requirement for development of second units in the R-1 Districts. The Council expressed divergent views on the requirement. There was general support for basing the allowable square footage of second units on a sliding scale proportionate to lot size. MIS Ashiku/Kelly to introduce the ordinance by title only incorporating staff's recommendations, deleting the owner occupancy requirement for second units in R-1 Districts, and incorporating a sliding scale for the size limitations of second units up to a maximum of 1,000 square feet, failed by the following roll call vote: AYES: Councllmember$ Ashiku and Kelly. NOES: Councllmembere Chavez, Mastin, and Mayor Malone. ABSTAIN: None. ABSENT: None. M/S Masfin/Chavez to introduce the ordinance by title only, incorporating staff's recommendations, retaining owner occupancy for second unit development in R-1 Districts, and incorporating a sliding scale for the size limitations of second units up to a maximum of 1,000 square feet,~arried by the following roll call vote: AYES: Councilmembers Chavez, Mastin, and:Mayor M~i0ne. NOES: Counciimembers Ashiku and Kelly. ABSTAIN: None. ABSENT: As a unanimous voice vote is required to introduce an ordi~:~ by ti~ ~:::~he following motion was offered following the 11:12 p.m. recess: MIS Ka!i~lMastin to.:~trqduCe !by title only Ordinance Amending Division 9, Chapter 2 (Zoning) of th~i:Ukiah City.::~de. "~:~e:mo§on carri~Ci:'by a voice vote of ell AYE. ABSENT: None. !iiii!iiii!ii~~ ~<~? City Clerk Henderson mad the ordinance by title only. ~!?iii!:?iiii!'ii:.i!?i!i:~ _M./S Mas_tin_!Ch.. vez to introduce the Ordinance of the.~:~'~:~::::~f the City of Ukiah Amending Division u, r.;napter 2 (Zoning) of the Ukiah City Code, can. ied by::the: 'fOllOwing roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, end Mayor MaI~:'!:::.iNOES: None. ABSTAIN: 9. UNFINISHED BUSINESS ~?' ~ii::?~iiii::iii!~::!! iii?:iiii!i?:i~ ~!~" Ilo. Discussion Re_oardin_o Main Street Prooram and'Making A~ointments to Ad Hoc Main Street Subcommittee~...:.:.:......~:~:~' ~?:~?i ~::ii!?~;~.~ City Manager Horsley noted the ~!!~st p~pation in:i~:e funding of the Main Street Program. She outlined the history of the developmentOf~he p!:ogram in Ukiah and noted the many positive projects its Board of Directorshas :initiated fo~ ~ betlerment of downtown Ukiah. To receive further funding from 1he CitT, theMain Street Board of Directore is willing to enter into an agreement for services with the City, pro~r~g PosSible promotional and information gathering services for the City and Redeve!oPment ~gencyi:~:?etum for funding assistance. on how to n.'..d:i~e!Sidewalk~i:~ the d~town area of cigarette butts. The C0~I agreed in ~:~bl;inter into a agreement for services with the Main Street Program Board Of Directors. Coun~tmembers Chavez and Mastin will serve on the Main Street Program ho~;.~Ubcommittee bein~:,stablished to refine such an agreement. .::::: ::: ..:.;..:.. ..... .... ..... ...... eh, ;!ii. Set Date for B~'d_aet Goal Settina Sesslen ::: :::.: ..... :::: .... .:.:;.;:;.::: ~; ~;~ ~f.:Apdt:!~i;!i~998, at 8:15 a.m., was emblished for the Budget Goal Setting Session. RECESSED! ....... S:tS p.m. RECONVENED: S:24 p.rn. Discussion of Prooosed Contract with Solid Waste Systems. Inc.. for the Coni~rdction and O_~eration of a Solid Waste Transfer Station at the Taylor Drive Pro_~e~ty and :~i' Date for Soecial Meetino to A~orove Contract City Manager Horsley noted the Council had before them several additions to the packet matedal including a second draft of the proposed contract, based on comments from Paul C, ayler of Mendocino County Solid Waste Division and Mike Sweeney of Mendocino Solid Waste Management Authority (MSWMA), and Solid Waste Systems' analysis of the first year rates per ton on truck haul as opposed to rail haul. Regular Meeling. Aprl 1, lgg8 Page 3 City Attorney Rapport addressed the differences between the first and second drafts of the proposed contract, The second draft contained several alternative options and was meant to respond to concerns raised by Paul Cayler of Mendocino County's Solid Waste Division and Mike Sweeney of the Mendocino Solid Waste Management Authority (MSWMA). City Manager Horaley noted the goal for this meeting was to reach agreement regarding preferred alternatives and she would bring 8 finalized contract, complete with exhibits, back to the Council in two weeks. Discussion took place regarding the various options outlined in the proposed contract. Judy Pruden noted the second draft contract was not available to the public earlier in the day. She inquired why this contract was not put out for bid and expressed her concerns with this contract. City Attorney Rapport clarified that the state law does not mandate that this contract be put out for bid. for consideration. together with a copy of his Truck Transportation Options t~':lhe PotreroHiiis Eindf'dLi~i:He reiteraied the strengths of BLT's proposal for a transfer station at theMSWMAN0dh state-!$traei ~.~i:i~' did not feel the ongoing litigation regarding this site was of v~d Gavnch, President, Waste Solutions Group, sugge~ ~iifomia Pollution Control Finance Agency (CPCFA) bond financing for this project. He noted l~e re~ent financial support of the California Transportation Commission (CTC) for the N~hweStem:pacific Railroad Authority. He sees the railroad as being a very viable mode of transportation ~or:SOlid ~te from the Transfer Station out of the ama. He described the equ!pmeht his companY wfll:u~ to transport the solid waste; the Roadrailer is a mil car which d!:Ops:!.~l~ :Wheels. con~rting to a truck trailer in approximately 15 minutes. .~:~:~ ...... :-:~/:~:~-;~:~.~ :::~::.~ ..... :~:¥' · . .,::: :.. Anne Crowder, 50:30 North View, Willits?xpresSed her ~:;that at competitive bids for the Transfer station. ,,~i? .... ~ii~:i?~ . the Council was not looking Pat McAIlister, North Forks Imp~:ment Gg*~p, belie~;~;' the MSWMA property on North State Street will be. prohibited frombeing develo~d into a ~nsfer station by the pending lift ation Richard'S:h°e~aker sP~eit~/'~:Provisi0~: ~;: draft proposed contact, making suggestions, .J..Lm.~s,a/?,.,m_,. ~,~:Was. te _?yst.erns,:Co~ended ~taff for its work on the proposed contract and u~lu i. rl~. ~,,l~u.r~clj ~.maKe:~e oecisions necessary to bring this matter to a close. Counci~::~d. numbe:;~!~fions of sta~.nd of those in the .udience Who had .ddre.ed the CitYManager Horaley:~ted this contract does not deal with billing for the curbside collection .~:~ ............... .~th billing issues related to the refuse taken in at the Transfer Station ~c~ise, rather onl~ .Ae? y. ficetion th.t .ny change in owne. hip of So,d W. te S WOulo,: DylAe dicAates of the contract, require approval by the City Council and that the Cit~YSlwo have uld no!control over out-of-county use of the Transfer Station. An environmental impact report llksued'bY Mendocino County would cover the conditions of use by out-of-county residents or haulers. City Manager Homley noted both the truck end rail haul proposals from Solid Waste Systems are good proposals. John Warren, Solid Waste Systems, addressed some of the Councils questions regarding the contract proposals. Mayor Malone felt the Council needed more time to make this difficult decision. Councilmember Ashiku felt the Council had acceptable alternatives and it was time to move forward to resolve this matter. Regular Meeting. AI~ 1, 1998 Page 4 Councilmember Kelly noted the Council hsd supported the mil haul option all along, but now the price for rail haul was not attractive. She wanted to see flexibility in whatever system was chosen. Councilmember Mastin was supportive of going ahead with the contract and of choosing from the alternatives offered. His preference was for a 10-year contract. After a good deal of discussion, direction was given to staff to prepare a final contract to include a 5-year/50 percent CPi, equal rates for city and county residents, a 10-year amortization rate, the possibility of CPCFA financing, a preference for disposal cost pass-through, a clarification of the [.filling language, the use of Roadreilers, and a contingency plan for the contract's termination in ten years. The matter will be brought back before the council on April 16, 1998. RECESSED: 11:12 p.m. RECONVENED: 11:18 p.m. Immediately following the recess, a motion was made ciarffying an action taken in item 8b; see reference thereto noted above. ~:::::::~:. 10. NEW BUSINE~;-c= '~" · <..,.::::. .~ :::.: :.:. /..<...:::::.. 10a. Consideration and Adoption of Resolution Aooroving Memora:~d~:ml~'~f Undemtandiri£ for Employee Baraainina Units - Electric and Fire'lJ~l~ -- - :............ M/$ Mastin/Ashiku to sdopt Resolution No.g8..3$, Adot~:~} the Mern~[n~'~' Between the City of Ukiah and the Electric end Fire Units, carriedi6Y the foiJ=~ng mR ca'jl:~°te: AYES: Counciimembers Chavez, Ashiku, Kelly, MaSt'~-'Jnd'~ayor Malone."='~OE$:..~ 'None. ABSTAIN: None. ABSENT: None. ' ........................ ¶ 1. CITY COUNCIL REPORT-~ ~ii~ ..... ~':~iii::iiiiii?i::i:!:i!i:iiiiiiiii~!:i:i;i~ ....... Councilmember Chavez attended the meeting of..the'Wagense'iJe~i"~;::~hborhood dealing with gang-related problems. Nuestra Casa and MendO~nO icollege are s~ng a gang intervention ancl prevention program on Apd121, 1998, at ~0D pm.~::~ the Grace Hudson Museum meeting room. Coun¢ilm,mbe. A,h Eu not,d posa , Unified $choo D strict regarding the proposed siting of the ~::elemen~ry schoo.'~?::!i:? councilrnember Kelly noted the p~i~i~,:~: supp6~: for the ~tgomery Ward's site for the proposed new school. The next meeting ...regarding the'siting iss~'will be on April 17, 1998. ..:·~·: ..... ~:i:~%.. ~?:.: ~i!i?~i i i ili:.i!i.?~:~'~:?:·~'i~iii!!~? Councilmember Mastin attended :a Mendo~'¥~ Authority (IVlTA) meeting at which the MTA 1998- 99 budget was approved..:.ii~ii~i:. ":~:??::~i~:~:::::'~:~:~ ...... ..:...:: .. .. ......... ....... "'::::'::~':'ii:.: ?. ..... Mayor Mai°ne commented on'lhe Willits.Highway 101 bypass, appreciated Phil Dovv's support of the railroad at the recent Califomia'TranSPOrtation Commission meeting, end attended s Mayors and Managers meefia..g :in YVillits. 12. ~?~..~CfTY MANAGER/DIRECTOR REPORTS CitY:Manager Homley m~nti~ed she has information on the April 5, 1998 reception for Dr. Glenn Mitler and noted the upcoming meeting sponsored by the Mendocino county Farm Bureau regarding the effect proposed regulations relating to the listing of Coho salmon as an endangered species may have .on properties .fronting rivers and streams in Mendocino county. ~::::........ :.: ...:.:.:..:... :i..-:..:":,; ... '"'::' . ...... .-:.:i::~;i!i :;djoumed to osed S. ssion ,, 11:37 p.m. .... !:?:::i;:~i~.~i - -i::::. ¥i:' · .....:......:..:....... 13. CLOSED ~ESSION The council reconvened in Open Session at 12:10 a.m., April 2, 1998. 13a. G. C. 654957.8 - Conference with Labor Ne_aotlatgr Negotiato~ Candace Horsley i. Electdc and Fire Units (See Item ¶0s above for action taken on this matter.) ii. City Manager No action was taken on these matters in Closed Session. Regular Meeling. A~I 1,1 Plge 5 15b. G,C. ;54~55,g - Conference with Leasl Counsel RepsrdJna Existina Litiaatio,, Redwood Business Par~ v..~J~L~..~,-Mendocino County Superior Cour1-No. 77252 No action was taken on this matter in Closed or Open Session. 14. ADJOURNMENT The meeting was adjourned at 12:11 a.m., April 2, 1998. Colleen B. Henderson, City Clerk Regular Meeling. ~ 1, 1998 Page 6 AGENDA SUMMARY ITEM NO. 6a. DATE: APRIL 15, 1998 REPORT SUBJECT: DENIAL OF CLAIMS FOR DAMAGES RECEIVED FROM LYNN J. CHEVALIER, ET AL., FRED LONG, NADINE RODRIGUEZ, MARIE MASSEY, AND KAGELINI KABINETS AND REFERRAL TO THE JOINT POWERS AUTHORITY, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND The amended claim from Kagelini Kabinets, Inc. was received by the City of Ukiah on March 13, 1998 and alleges over billing of electric charges from 1975 to 1997. The City has already returned the portion of the claim pertaining to damages which occurred prior to December 15, 1996 as untimely. The City Council's denial action therefore is relative only to the claim for damages from December 15, 1996 to September 19, 1997. The original claim from Lynn J. Chevalier, et al. was received by the City of Ukiah on March 26, 1998 and the amended claim was received on April 7, 1998. The claims allege damages related to wrongful death of Nicolas Roger Chevalier on October 3, 1997 on the US 101 Freeway near Cloverdale. The claim from Fred Long was received by the City of Ukiah on March 31, 1998 and alleges damages related to false allegations on October 3, 1997 at 311 Lake Mendocino Dr., Space 12. The claim from Marie Massey was received by the City of Ukiah on March 31, 1998 and alleges damages related to a trip on the sidewalk on March 19, 1998 on Ford Street. The claim from Nadine Rodriguez was received by the City of Ukiah on April 3, 1998 and alleges damages related to paint splats on a vehicle on March 30, 1998 at the intersection of Gobbi and Orchard. Pursuant to City policy, it is recommended the City Council deny the claims as stated and refer them to Redwood Empire Municipal Insurance Fund (REMIF). RECOMMENDED ACTION: Deny Claims for Damages Received from Fred Long, Marie Massey, Nadine Rodriguez, the Original and Amended Claims for Damages from Lynn J. Chevalier, et al., and the Nonreturned Portion of Amended Claim for Damages from Kagelini Kabinets, Inc.; and Refer Them to the Joint Powers Authority, Redwood Empire Municipal Insurance Fund. ALTERNATIVE COUNCIL POLICY OPTIONS: Alternative action not advised by the City's Risk Manager. Appropriation Requested: N/A Citizen Advised: Claimants Requested by: Claimants Prepared by: Michael F. Harris, Risk Manager/Budget Officer Coordinated with: Candace Horsley, City Manager Attachments: . 2. 3. 4. 5. APPROVED: Candace Horsley, mfh:asrcc98 0415CLAIM Amended claim of Kagelini Kabinets, Inc., pages 1-3. Original and amended claim of Lynn J. Chevalier, et al., pages 4-11. Claim of Fred Long, pages 12-13. Claim of Marie Massey, pages 14-15. Clai,_,m of Nadine Rodriguez, pages 16-18. ~ity~lanager In the Matter of: KAGELINI KABINETS, INC. B.J. BELL, claimants. ) ). ) ) ) ) ) CITY CLERK DEPAN'[MEN'] TO: THE CITY COUNCIL OF THE CITY OF UKIAH NAME OF CLAIMANT: KAGELINI KABINETS, INC., B.J. BELL ADDRESS OF CLAIMANT: 902 Waugh Lane Ukiah, CA 95482 ADDRESS TO WHICH NOTICES SHOULD BE SENT: RAWLES, HINKLE, CARTER, BEHNKE & OGLESBY ATTENTION: MICHAEL D. MACOMBER 169 Mason Street, Suite- 300 Ukiah, CA 95482 DATE OF INCIDENT: September 19, 1997 PLACE OF INCIDENT: Located at: Kagelini Kabinets, Inc. 902 Waugh Lane Ukiah, CA 95482 CIRCUMSTANCES GIVING RISE TO CLAIM: Respondent City of Ukiah installed a new electric meter at the offices of Kagelini Kabinets, Inc. on or about September 19, 1997. In removing the old meter and in the process of installing the new meter employees of the City of Ukiah discovered for the first time that an error had been made in the calculation of the electric billing to be charged to Kagelini Kabinets. This error has resulted in Claimants being charged double the amount of electricity used at their facility since installation of the original meter in or about 1975. This mistake was not known, and macomber/bell~claim.dam -1- ---L- could not have been known, because Claimants could not open the meter and the underlying facts and expertise were in the City's control, until Respondents conducted the work to install a new meter on or about September 19, 1997. Claimants file this claim on theories of negligence, strict liability, fraud, mistake, misrepresentation, money had and received, and constructive trust. PUBLIC EMPLOYEES RESPONSIBLE: At this time the public employees responsible for this condition are unknown. AMOUNT OF CLAIM: Claimant has been billed, and has paid double for electricity for a period of 22 years. Conservatively, Claimants claim damages of $350,000.00. Dated: ~~- ~ ~ RAWLES, HINKLE, CARTER, BEHNKE & OGLESBY M~CHJ%EL D .'~MACOMBE~ Attorney for Claimants macomber/bell~claim.dam -2- PROOF OF SERVICE BY MAIL OR BY HAND DELIVERY I declare that: I am employed in the County of Mendocino, State of California. I am over the age of eighteen years and not a party to the within action. My business address is 169 Mason Street, Suite 300, Ukiah, California. On this date I caused the attached: CLAIM FOR DAMAGES to be served on all parties as follows: X By Mail: I am readily familiar with the practice of Rawles, Hinkle, Carter, Behnke & Oglesby with regard to the collection and processing of correspondence for mailing and can attest that the attached document(s) will be deposited with the United States Postal Service in the ordinary course of business on the same day it is collected. On the date written below, at Ukiah, California, I placed a true copy of the above-written document in a sealed envelope(s) and placed it for collection and mailing that date following ordinary business practices addressed as follows: City of Ukiah c/o City Clerk's Office 300 Seminary Avenue Ukiah, CA 95482 ~By Hand Delivery: I caused the attached document(s) to be delivered by hand to the offices of the addressee(s) as follows: I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration is executed March 12, 1998, at Ukiah, Mendocino County, California. ' GINA TESTA VAU macomber/bell~laim.dam ROBERT A. FOWLER JANE M. BALL FOWLER 8,: BALL ATTORNEYS AT LAW P.O. BOX 540 150 NORTH PINE STREET UKIAH, CALIFORNIA 95482 April 7, 1998 APR ;' 998 TEL (707) 462-1429 FAX (707) 462-2731 CI'i'Y CLERK DLPAN i-iVlLN i Colleen B. Henderson, City Clerk City of Ukiah 300 Seminary Avenue Ukiah, California 95482 Dear Ms. Henderson: Enclosed again for filing is the original Claim received by your office on March 26, 1998 along with an Amendment which states the place of the occurrence requested in your notice of April 3, 1998. RAF/b Enclosure Yours truly, ROBERT A. FOWLER ..q- AMENDMENT TO CLAIM FOR WRONGFUL DEATH DAMAGES PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 910 AND 910.2 TO: STATE OF CALIFORNIA, CALIFONRIA HIGHWAY PATROL GOLDEN GATE COMMUNICATIONS CENTER CITY OF UKIAH, UKIAH POLICE DEPARTMENT CITY OF CLOVERDALE, CLOVERDALE POLICE DEPARTMENT CLOVERDALE FIRE PROTECTION DISTRICT Pursuant to Government Code §910.6, Claimants amend the Claim filed on March 25, 1998 to the above government entities to include the additional following information: A. NAME OF CLAIMANTS: Lynn J. Chevalier Peter Chevalier Dominique Chevalier Peter Chevalier, II Be ADDRESS OF CLAIMANTS: c/o 3551 Taylor Drive Ukiah, California 95482 Ce THE ADDRESS TO WHICH THE PERSONS PRESENTING THE CLAIM DESIRES NOTICES TO BE SENT: Robert A. Fowler Fowler & Ball Attorneys at Law Post Office Box 540 Ukiah, California 95482 Do THE DATE, PLACE AND OTHER CIRCUMSTANCES OF THE OCCURRENCE OR TRANSACTION WHICH GAVE RISE TO THE CLAIM ASSERTED: Claimants are the lawful heirs of decedent, Nicolas Roger Chevalier. On or about October 3, 1997 Claimants suffered significant and ongoing emotional distress, including loss of care, comfort, society and companionship of decedent Nicolas Chevalier, resulting from the wrongful death of decedent caused by employees of the following governmental agencies: State of California, California Highway Patrol, Golden Gate Communications Center, City of Ukiah, Ukiah Police Department,, City of Cloverdale, Cloverdale Police Department, Cloverdale Fire Protection District, as hereinbeloxv described. Circumstances pertaining to and contributing to claimants' damages include the responsibility and liability on the part of the above-referenced governmental agencies, and each of them in that said entities carelessly and negligently failed to respond to numerous emergency requests, including requests made through the 911 emergency telephone system to respond to the requests for medical assistance by and on behalf of decedent herein. In addition, claimants are informed and believe that certain public employees whose names are currently unknown to claimants negligently failed to adequately and reasonably process and dispatch a series of calls made to the 911 emergency telephone line and, consequently, delayed response to decedent who, on October 3, 1997, was in a state of medical distress needing immediate medical attention resulting from a bee sting which was reported to the above-referenced governmental agencies by claimant Lynn J. Chevalier, and others, which bee sting later proved fatal and resulted in the untimely death of Nicolas Chevalier. Such negligent conduct resulted in claimants' decedent being discovered by his father, Peter Chevalier, when decedent was in a state of acute medical distress near death, causing significant emotional distress to said claimant. In addition, claimants are informed and believe that certain employees and health care providers, the names of whom are not currently known associated with the governmental agencies referred to above, failed to properly provide medical treatment and services once said employees arrived on the scene involving claimants' decedent, Nicolas Chevalier. Claimants reserve the right to present evidence on all theories of liability without limitation pertaining to the negligent conduct giving rise to the damages each of them have suffered as a result of the negligent, careless, and reckless conduct of the governmental entities named above and certain unknown employees associated therewith, including negligent infliction of emotional distress, negligent and intentional infliction of emotional distress, bystander liability, and other civil wrongs. Claimants are currently conducting their investigation of this incident and will amend this claim at such time as additional facts are made known to them establishing any additional theories of liability against the governmental entities named above and the public employees associated therewith. The 911 call referred to above was placed by Claimant Lynn J. Chevalier, the mother of the decedent, from Ukiah to the Ukiah Police Department. It is believed that Ukiah Police Department transferred the call to the Ukiah California Highway Patrol Office. It is believed that the California Highway Patrol Office then contacted the Cloverdale Police Department and the Cloverdale Fire Protection District. It is further believed that the California Highway Patrol transferred the call to the Golden Gate Communications Center. At the time of the 911 call, the decedent, Nicolas Roger Chevalier, was on the third freeway exit ramp for the City of Cloverdale proceeding south on Highway 101. It was at that location that Nicolas Roger Chevalier sustained what resulted in a fatal reaction to a bee sting. E, A GENERAL DESCRIPTION OF THE INDEBTEDNESS, OBLIGATION, INJURY, DAMAGES OR LOSS INCURRED SO FAR AS IT MAY BE KNOWN AT TIlE TIME OF PRESENTATION OF CLAIM: Claimants have suffered direct pecuniary loss, including loss of future income, medical expenses, and all intangible losses and damages permitted by law associated with the death of Nicolas Roger Chevalier. Additionally, claimants will incur substantial attorneys fees and costs. Based upon the conduct of the governmental entities and employees referred to above, claimants will seek punitive and exemplary damages against the public employees associated with said governmental agencies, as permitted by law. Fe THE NAME OR NAMES OF THE PUBLIC EMPLOYEE OR EMPLOYEES CAUSING THE INJURY, DAMAGE OR LOSS, IF KNOWN: At the present time claimants are unaware of the individual employees who contributed to the incident. Claimants investigation is continuing. G. THE AMOUNT CLAIMED: The amount claimed exceeds $10,000 as to each claimant, and jurisdiction of these claims will rest in the superior court. H. OTHER INFORMATION: None. Dated: April 7, 1998 Robert A. Fowler, Attorney for Claimants TO: A, B, Ce CLAIM FOR WRONGFUL DEATH DAMAGES PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 910 AND 910.2 1998 STATE OF CALIFORNIA, CALIFONRIA HIGHWAY PATROL GOLDEN GATE COMMUNICATIONS CENTER CITY OF UKIAH, UKIAH POLICE DEPARTMENT CITY OF CLOVERDALE, CLOVERDALE POLICE DEPARTMENT CLOVERDALE FIRE PROTECTION DISTRICT NAME OF CLAIMANTS: Lynn J. Chevalier Peter Chevalier Dominique Chevalier Peter Chevalier, II APR 7 1998 ADDRESS OF CLAIMANTS: c/o 3551 Taylor Drive Ukiah, California 95482 THE ADDRESS TO WHICH THE PERSONS PRESENTING THE CLAIM DESIRES NOTICES TO BE SENT' Robert A. Fowler Fowler & Ball Attorneys at Law Post Office Box 540 Ukiah, California 95482 De THE DATE, PLACE AND OTHER CIRCUMSTANCES OF THE OCCURRENCE OR TRANSACTION WHICH GAVE RISE TO THE CLAIM ASSERTED' Claimants are the lawfu~ heirs of decedent, Nicolas Roger Chevalier. On or about October 3, 1997 Claimants suffered significant and ongoing emotional distress, including loss of care, comfort, society and companionship of decedent Nicolas Chevalier, resulting from the wrongful death of decedent caused by employees of the following governmental agencies: State of California, California Highway Patrol, Golden Gate Communications Center, City of Ukiah, Ukiah Police Department,, City of Cloverdale, Cloverdale Police Department, Cloverdale Fire Protection District, as hereinbelow described. Circumstances pertaining to and contributing to claimants' damages include the responsibility and liability on the part of the above-referenced governmental agencies, and each of them in that said entities carelessly and negligently failed to respond to numerous emergency requests, including requests made through the 911 emergency telephone system to respond to the requests for medical assistance by and on behalf of - 8- decedent herein. In addition, claimants are informed and believe that certain public employees whose names are currently unknown to claimants negligently failed to adequately and reasonably process and dispatch a series of calls made to the 911 emergency telephone line and, consequently, delayed response to decedent who, on October 3, 1997, was in a state of ~nedical distress needing immediate medical attention resulting from a bee sting which was reported to the above-referenced governmental agencies by claimant Lynn J. Chevalier, and others, which bee sting later proved fatal and resulted in the untimely death of Nicolas Chevalier. Such negligent conduct resulted in claimants' decedent being discovered by his father, Peter Chevalier, when decedent was in a state of acute medical distress near death, causing significant emotional distress to said claimant. In addition, claimants are informed and believe that certain employees and health care providers, the names of whom are not currently known associated with the governmental agencies referred to above, failed to properly provide medical treatment and services once said employees arrived on the scene ;.n:,o!:';.ng claimants' decedent, Nicolas Chevalier. Claimants reserve the right to present evidence on all theories of liability without limitation pertaining to the negligent conduct giving rise to the damages each of them have suffered as a result of the negligent, careless, and reckless conduct of the governmental entities named above and certain unknown employees associated therewith, including negligent infliction of emotional distress, negligent and intentional infliction of emotional distress, bystander liability, and other civil wrongs. Claimants are currently conducting their investigation of this incident and will amend this claim at such time as additional facts are made known to them establishing any additional theories of liability against the governmental entities named above and the public employees associated therewith. E, A GENERAL DESCRIPTION OF THE INDEBTEDNESS, OBLIGATION, INJURY, DAMAGES OR LOSS INCURRED SO FAR AS IT MAY BE KNOWN AT THE TIME OF PRESENTATION OF CLAIM: Claimants have suffered direct pecuniary loss, including loss of future income, medical expenses, and all intangible losses and damages permitted by law associated with the death of Nicolas Roger Chevalier. Additim~aily, claimants will incur substantial attorneys fees and costs. Based upon the conduct of the governmental entities and employees referred to above, claimants will seek punitive and exemplary damages against the public employees associated with said governmental agencies, as permitted by law. Fe THE NAME OR NAMES OF THE PUBLIC EMPLOYEE OR EMPLOYEES CAUSING THE INJURY, DAMAGE OR LOSS, IF KNOWN: At the present time claimants are unaware of the individual employees who contributed to the incident. Claimants investigation is continuing. G. THE AMOUNT CLAIMED: The amount claimed exceeds $10,000 as to each claimant, and jurisdiction of these claims will rest in the superior court. H. OTHER INFORMATION: None. Dated: March 25, 1998 Robert A. Fowler, Attorney for Claimants ~ 0 (~ 0 .~40~ TO; UKIAH CITY COUNCIL Fred Long makes the following statement in support of his claim against and entitities: A. City of Ukiah B. Ukiah Police Officer Marcus Young 1. Claimant has ilo attorney at this time. MAR 3 I I998~ CII¥ t;[.~K DEPARTMENT 2. Notices concerning tile claim should be sent to claimant's address as follows: Fred Long ( ~ 700 East Gobbi Space 6 Ukiah, California 3. The Date and place of the incident giving rise to claim are as follows A. Tile incident occurred on or about October 3, 1997 B. The incident occurred at claimants home on Lake Mendb~ Drive and continued with his incarceration at the Mendocino, County Jail 4. The circumstances giving rise to this claim are as follows; On or about September 24, 1997, Mendocino County Mental Health Director Len Wolf falsely reported to Ukiah Chief of Police Fred Keplinger that claimant intended to hurt law enforcement officers. No effort was made, however, to effect a civil mental health commitment of claimant. Claimant has a long psychiatric history which was known to Mi'. Wolf. After being informed of Mr. Wolf's allegations, Ukiah Police Officer Marcus Young falsely stated in an affidavit for search warrant that Mr. I,ong was legally prohibited fi'om owning firearn~s. Such was not the case. Based on the hise allegation of Officer Young, a search was authorized by Judge Vincent Lechowick. During the search! claimant was arrested fbr being iii possession of"weapons" which were, in fact garden tools. Claimant was also arrested for failing to register is a sex offender. Claimant was misled by Mendocino County Sheriff Jim Tuso and Officer Christy Stehnie regarding his responsibilities in that regard. Mr. Long was incarcerated for severai weeks. No mental health services were provided him in the jail by Sheriff James Tuso or California Forensics Medical GrouI) iii spite of the fact that the records of' Mcndocino County Mental Health Dircctor Doug Rosoff indicated a diagnosis of lnc~tal illness. Mr. Long's extended incarceration greatly exacerbated his ' ,qlGINAL Psychiatric problems. 5. As a direct and proximate cause of the acts of the above mentioned persons, Claimant's property was illegally searched and Mr. Long was falsely arrested. Additionally, Claimant was wrongfully incarcerated for all extended period of time. 6. The claim of claimant is in an amount that would place it within the Jurisdiction of tile Superior Court of California. Claimant claim's the follOwing damages. Medical Expenses Future Medical Expenses Pain and Suffering and Other General Damages $1000.00 $50,000.00 $250,000.00 Dated: March 31, 1998 Fred Long Claimant ............. NOTICE OF CLAIM AGAINST This claim must be presented, as prescfibed by Parts 3 and 4 of Division 3.6, of Title 1, of thelGovernment Co,de of the State of California, by the claimant or by a person acting on his/her behalf. ~ ' "" ' ' ' '~ ' '!''' , ' i ' ,~ , , ' i'l; ' ', )' RETURN COMPLETED FORM TO: 1. CLAIMANT'S NAME: 2. CLAIMANT'S ADDRESS: CITY OF UKIAH A/tn: City Clerk 300 Seminary Avenue Ukiah, California 95482 Number/Street and/or Post Office Box City State Home Phone Number ( ), MAR 3 1 1998 Zip Code 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 ), Telephone . . . ~,~y $iaie Zip Code DATE OF THE ACC/DENT OR OCCURRENCE: ~/ /. PLACE OF ACCIDENT OR OCCURRENCE: GENERAL DESCRIPTION OF THE ACCIDENT OR OCCURRENCE (Attach additional page(s), if more space is needed): .... . ~, n~ (~ ~ ~ e_'_ ' ' '~ ' ' '- ' ' 7. NAME(S), if known, OF ANY PUBLIC EMPLOYEE(S) ALLEGEDLY CAUSING THE INJURY OR LOSS: . WITNESS(ES), if known (optional): Name b. .~c~dress. ,Telephone --~ ~ DOCTOR(S)/HOSPITAL(S), if any, WHERE CLAIMANT WAS TREATED: Name Address .., · b. Telephone ~',,-.:t 10. GENERAL DESCRIPTION OF THE INDEBTEDNESS, OBLIGATION, INJURY, DAMAGE OR 'LOSS so far as it. may be known at the time of presentation of the c/aim: .~ ,x, . . , . i I ' ~ , ~ 11. 12. STATE THE AMOUNT CLAIMED if it totals less than ten thousand dollars ($10,000) as of the date of presentation of the claim, including the estimated amount of any prospective injury, damage or loss, insofar as it may be known at the time of the presentation of the claim, together with the basis of computation of the amount claimed (for computation use #12 below). However, if the amount claimed exceeds ten thousand dollars ($10,000), no dollar amount shall be included, but you must indicate whether the jurisdiction over the claim would be in Municipal or Superior Court. Amount Claimed $~-~;/I d~czi'-c-~'¢ C¢~.¢~r Applicable Jurfsdicb'on THE BASIS OF COMPUTING TH~ TOTAL AMOUNT CLAIMED IS AS FOLLOWS: a. Damages incurred to date: Expenses for medical/hospital care: $ Loss of earnings: $ Specia/ 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 longer. Claims relating to any other causes of action shall be presented not later than one (1) year after accrual of the cause of action. ..... sIGN~ TuRE' OF CLAIMI[~TrS) II Received in the Office of the City Clerk this day of 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 fights or to interpret any law. ff you are in doubt regarding your legal rights or the interpretation of any law, you should seek legal counsel of your choice at your own expense. Rev. 3/18/98 NOTICE OF CLAIM AGAINST / 77tis claim must be presented, as prescribed by Parts 3 and 4 of Division 3.6, of Title 1, o/ th*e,'G'oG'PTnmbbi{"Code of the State of California, by the claimant or by a person acting on his/her behalf. '*"~" RETURN COMPLETED FORM TO: CITY OF UKIAH , APR 3 19% Attn: City Clerk 300 C~.minary Avenue Ukiah, California 95482 Number/Street and/or Post Office Box CLAIMANT'S NAME: crI'Y" '" Home Phone Number State Zip Code Work Phone Number , I . PERSON TO WHOM NOTICES REGARDING THIS CLA]M SHOULD BE SENT (if different from above): ~ree, an~/or Post Offic~ Bg~~' ' '"' ~?~F~.~/2 City State Zip~ode DATE OF THE ACCIDENT OR OCCURRENCE: '~'F ~0 / fi'5 . GENERAL DESCRIPTION OF THE ACCIDENT OR OCCURRENCE (Attach additional page(s), if more · space is needed): ~/~ - . NAME(S), if known, OF ANY PUBLIC EMPLOYEE(S) ALLEGEDLY CAUSING THE INJURY OR LOSS: , WITNESS(ES), if known (optional): Name ' b. Address Teleph on e . DOCTOR(S)/HOSPITAL(S), if any, WHERE CLAIMANT WAS TREA TED: Name ,~.~'" Address a. b. Telephone 10. GENERAL DESCRIPTION OF THE INDEBTEDNESS, OBLIGATION, INJU~Y, DAMAGE .0~ LOSS so far as it may be known at the time of presentation of the c/aim:. 11. STATE THE AMOUNT CLAIMED if it totals less than ten thousand dollars ($10,000) as of the date of presentation of the claim, including the estimated amount of any prospective injury, damage or loss, insofar as it may be known at the time of the presentation of the claim, together with the basis of computation of the amount claimed (for computation use #12 below). However, ff the amount claimed exceeds ten thousand dollars ($10,000), no dollar amount shaft be included, but you must indicate whether the jurisdiction over the claim would be in Municipal or Superior Court. Amount Claimed $ ~ ~ ~(~r '~-' or Applicable Jurfsdictio, 12. THE BASIS OF COMPUTING THE TOTAL AMOUNT CLAIMED IS 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 c/aim 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 shaft be presented not later than six (6) calendar months or 182 days after the accrual of the cause of action, whichever is longer. Claims relating ~ to any other causes of action shall be presented not later than one (1) year after accrual of the cause of action. III Received in the Office of the City Clerk this day of 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 fights or to interpret any law. If you are in doubt regarding your legal rights or the interpretation of any law, you should seek legal counsel of your choice at your own expense. Rev. 3/18/98 ~,"o ~ k,'~.-,REPA! R ORDER .':: 6 O ©1997 REDI~,~ 4L455 O SEnVICE O WILL CALL O,.STAL' OOEL,~. ~-~3--/71 -~ J /s~s:~ i HAKE: HAHE: ~. SERIAL: JCI. TY, STATE, ZIP: LABOR PERFORHED: · "' ' ' ' TAX: ' · TOTAL LABOR: DATE WANTED: [ :EPOSIT ESIlHATES ARE FOIl LAllOI~ OI'ILY, HATERIALS ADDITIONAL. WE 'W)! CAUSED BY FIRE, TtlEFT, TESTING, OR ANY OTHER CAUSE BEYOND Ol CONTROL. tNSIDLE FOR LOSS, OR DAHAGE AUTI-IOI~IZED [~Y: TERHS - NET CASH GOODS HELD DYER 30 DAYS. ORIGINAL =[ ITEM NO. DATE 6b April 15, 1998 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF MARCH 1998 Payments made during the month of March 1998, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedules of Bills, representing the four (4) individual payment cycles within the month. Accounts Payable check numbers: 103741-103849, 103979-104163, 104290-104382 Payroll check numbers: 103850-103978, 104164-104289 Direct Deposit numbers: 2504-2659 Void check numbers: None 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 March 1998. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Gordon Elton, Director of Finance Coordinated with: Kim Sechrest, Accounts Payable Specialist Attachments: Report of Disbursements car~dace 'H-orsley'~C~y Manager AGENDA.WPD/krs Manager I.~lrec[or o1' CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF MARCH 1998 Demand Payments approved: Check No. 103741-103849, 103979-104080, 104081-104163, 104290-104382 FUNDS: 100 General Fund $103,680.67 660 140 Park Development 661 141 Museum Grants 665 142 National Science Foundation 670 143 N.E.H.I. Museum Grant 675 200 Asset Seizure Fund 678 201 Asset Seizure (Drug/Alcohol) 679 220 Parking Dist. #10per & Maint $458.66 695 230 Parking Dist. #1 Revenue Fund $228.00 696 250 Special Revenue Fund $500.00 697 300 Gas Tax $7,390.73 698 301 Gas Tax Fund (2107) $6,470.93 800 332 Federal Emerg. Shelter Grant $7,766.71 801 333 Comm. Develp. Block Grant 805 341 S.T.P. 806 410 Conference Center Fund $6,897.67 820 550 Lake Mendocino Bond 900 555 Lake Mendocino Bond Reserve 910 575 Garage $1,208.19 920 600 Airport $13,415.25 940 610 Sewer Service Fund 950 611 Sewer Construction Fund 960 612 City/District Sewer $95,613.94 962 615 City/Dist Sewer Replace $1,943.30 965 640 San Dist Revolving Fund $2,950.00 966 Sanitary Disposal Site Fund Sanitary Disposal Replace Refuse/Debris Control U.S.W. Billing & Collections Contracted Dispatch Services Public Safety Dispatch MESA (Mendo Emerg Srv Auth) Golf Warehouse/Stores Billing Enterprise Fund Fixed Asset Fund Electric Electric Revenue Fund Street Lighting Fund Public Benefits Charges Water Special Deposit Trust Worker°s Comp. Fund Liability Fund Payroll Posting Fund General Service Community Redev. Agency Redev. Housing Fund Redevelopment Cap Imprv. Fund Redevelopment Debt Svc. PAYROLL CHECK NUMBERS 103850 - 103978 DIRECT DEPOSIT NUMBERS 2504 - 2580 PAYROLL PERIOD 2/22/1998 - 3/7/1998 PAYROLL CHECK NUMBERS 104164 - 104289 DIRECT DEPOSIT NUMBERS 2581 - 2659 PAYROLL PERIOD 3/8/1998 - 3/21/1998 TOTAL DEMAND PAYMENTS TOTAL PAYROLL VENDOR DEDUCTION CHECKS TOTAL PAYROLL CHECKS TOTAL DIRECT DEPOSIT TOTAL PAYMENTS VOID CHECK NUMBERS - None ($108,918.04) $1,067.07 $213,396.45 $2,531.93 $14,685.7O $2,683.26 $1,956.92 $8,011.39 $212.O3 $579,150.79 $9,100.06 $116,793.27 $2,925.03 $178,577.42 $56O.56 $2,844.68 $240,000.00 $53.51 $1,51 4,156.08 $62,527.58 $177,870.03 $168,282.49 $1,922,836.18 CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on City Clerk APPROVAL OF CITY MANAGER I have examined this Register and approve same. CERTIFICATION OF DIRECTOR OF FINANCE I have audited this Register and approve for accuracy and available funds. City Manager Director of Finance ~U O~ ~o Ho U · o > I oo o~ Oo E~ ~ I H 00000 00000 00000 00000 00000 00000 000 000 000 000 000 000 O0 O0 O0 O0 O0 O0 O0 O~ O0 O0 O0 000 000 O~ 0 0 0 o 0 U 00000 00000 00000 ~000 00~ ~00~ 0~0~ 00000 ~000~ ~HHH HH~ 0 0 o mOO UHH~ ~oo~ ~00~ ~00~ ~00~ ~00~ 0 O0 ~0 ~ ~ 0 0 O0 O0 0 0 0 0 O0 O0 0 0 0 ~ ~ O0 ~ ~ ~ 0 ~0 O0 0 0 0 ~ ~0 ~ ~ 0 0 0 O0 O~ 0 0 0 ~ ffi 0 0 ~0~ ~ ~ ~ ~ o ~ ~ ~ ~ o ~mo~ o~0~ ~o~ o~ 0 t/)0o H ~ 0o3 O0 ~u ~u Hi-] 0~0 ~ ~ OH B~O ~ OH bOM o o~ U ~ ~H i ~ ~ ~ ~ ~ ~0~~ 0 o o o o 0000000 0 0 0 0 0 0000000 0 o 0 0 o 0000ooo ~ 0 ~ o ~ ~ o ~ o ~ ~ ~ ~ 0 ~ ~ ~ IIIIIII 0 0 0 0 0 0000000 0 0 0 0 0 0000000 O0 O0 O0 0 0 O0 O0 O0 O0 O0 ,-4 0 0 0 0 o o o 0oo00~o 0 o o 0 o ooooooo o 0 0 0 0 0000000 ~ ~ ~ ~ ~ ~oooooo ~ o 0 0 0 ~00~0~ ~ o ~ ~ ~ o~o~oo~ 0 ~ 0 0 0 0~0~ ~ ~ D ~ ~0 ~ 0 0 0 0 ~0~0~0 ~ 0 0 0 ~ ~0~~ O0 O0 O0 · · O0 mt.r/0 o o o 0 0 0 o o o · 0 OO OO oo o E~ o o o Oo U% o 0o3 O~ O~ ~ O~ = 0 O~ O~ ~OOOOOOO H~ ~H ~ O~ HHHHHHHH O~ 0 U H B~ HHHHHHH O O 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000000000000000 ~ 00o 000 u~ LD LO 000 000 0000 0000 0000 0000 0 0 0 0 0~0~ 000 000 000 I I I 000 000 ~~~0~ 000000000 000000000 000000000 000000000 ~~~0~ 000000000000 000000000000 0 000000000000 0 000000000000 i:x:l ~ o 0 00o 0oo 000 o 0 0 0 o 0 ~m~mO 0~0~ ~l 000 C~I 000 ~ 000 c; c; c; c; ~-I 0 O~ rJoo oooo oooo o~o~ooooo o ooooooooo o ooooooooo o oooo~oooo ~ ~0~0~~ ~ ~oo~~ 0 ~000~oooo ~ ~000~00~ 0 u~ m H~ ~ 8~ ~00~0 ~m~O0 ~ ~oo m~ o 0~000000000 00000000000 00000000000 00000000000 000~0000~0~ ~~0~~00 00~00000000 00~00000000 U ~~~00~ 00000000000~ 0 Oo U~ ~ouo ~ U~ ~HHHH 000 ~~ UUUU ~~ DHHHH HDDU ~0000 ~ H o > ~ooo HHHHHHHHHHH 00000000000 00000000000 HHHHHHHHHHH~ H ~0~0 ~0 ~0 ~0 0 ex} ¢xl ¢~ ¢x~ ¢x~ 0 O0 0 0 0 0 O0 0 0 0 0 O0 0 0 O0 0 0 ~.-I o o'~ ooo ooo ~0u~ ~o~l o~oo ooo ooo 0 0 ooo ooo ooo ooo 0 0 U U E~ E::I o O0 U~ 0 O~ H ~ ~H OD 0 0 ~ u · ~ 0 0 0 0 U U O~ E~o HO U 0 I 0o Ou.3 r~.. 0 030o U r~ H 0000 0000 0000 0000 0000 000000 000000 ~~~0 00000000 00000000 00000000 00000000 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DATE: April 15,1998 REPORT SUBJECT: AWARD BID TO ADVENT OFFICE INTERIORS, IN THE AMOUNT OF $23,970.17, TO PROVIDE AND INSTALL DISPATCH FURNITURE, AND COMPUTER RELATED EQUIPMENT FOR THE COMMUNICATIONS CENTER IMPROVEMENT PROJECT. SUMMARY: As presented at the March 18, 1998 City Council Meeting, the Public Safety Communications Center Improvement Project plans include the purchase of new desk top surfaces and seating and related computer equipment which is ergonomically designed and meets current ADA and other governmental regulations for design and use. City Staff prepared a comprehensive Request For Proposals to search for possible solutions to meet our needs in design, quality and serviceability. This RFP was issued to 16 Furniture/Design providers in the States of Washington and California and 8 competitive proposals were received and opened by the City Clerk on March 23rd, 1998. The three lowest priced proposals provided by vendors did not meet the specifications of the RFP. The next lowest design solution, presented by Advent Office Interiors, was economical and provided the best possible design features for our Communications Project. Advent supplies furniture which meets our design criteria of: functionality, durability, quality, available options, and ADA/ergonomic requirements. Staff recommends awarding the bid to Advent Office Interiors in the amount of $23,970.17. Funding for this purchase will come from Account 205.2001.800.000 RECOMMENDED ACTION: City Council award the bid to Advent Office Interiors to provide furniture, computer equipment, and installation services in the sum of $23,970.17 ALTERNATIVE COUNCIL POLICY OPTION: 1. Reject proposal 2. Reject all bids and direct staff to reissue the RFP. Acct. No. (If not budgeted): 205.2001.800.000 Appropriation Requested: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Public Safety Departments - Police, Fire and Dispatch Chris Dewey - Police Sergeant Candace Horsley, City Manager, Gordon Elton, Director of Finance, John Williams, Acting Police Chief, and Roe Sandelin, Acting Fire Chief. 1. Bid Breakdowns APPROVED: C~ndac~ I-I'o~-sley, ~'~{'tyX~anager Communications Center Improvement Project Request for Proposal Vendor Response: Vendor: Fred Taylor Interiors Dutton Enterprises Alexander's Ultra Image Advent Office Interiors B.B.&T. Inc. Integrated Interiors International Watson Furniture Systems Romac Ltd. Proposed Price: 15,660.95 17,830.00 20,078.00 23,970.17 29,488.52 30,604.64 32,272.32 33,680.50 Does Not Meet Specifications Does Not Meet Specifications Does Not Meet Specifications Proposed Vendor AGENDA SUMMARY 6d ITEM NO. DATE: APRIL 15, 1998 REPORT SUBJECT: REJECT BIDS FOR TILT DECK EQUIPMENT TRAILER In response to the City's request for quotations for the acquisition of a tilt deck equipment trailer, the City Clerk received seven (7) completed bids and one (1) no bid by the deadline of 2:30 p.m., March 23, 1998. The trailer quoted by the Iow bidder, Stevenson Supply, meets the minimum requirements of the specifications, however, the axle capacity of 20,000 lbs. will not meet the City's needs based on Staff's experience with an existing trailer. The specifications specified a payload of 20,000 lbs., however, it did not specify a minimum axle capacity of 24,000 lbs. which would allow the support of the trailer's weight (around 6,000 to 7,000 lbs) and its payload without regard to a trailer tongue load. The trailer quoted in the Iow bid can only support a payload of 20,000 lbs. if a tongue load of 5,900 lbs. is realized (this amount equals the trailer weight). This tilt trailer will be used to transport the pavement grinder with its conveyor and it will replace an existing trailer which has received axle damage by reason of the heavy grinder. It is critical that we select a trailer which has an axle capacity of at least 24,000 lbs. The trailer quoted in the second Iow bid from Great West Equipment can carry a payload of 20,000 lbs. plus the trailer's weight without regard to tongue load because the axle capacity is 24,000 lbs. This trailer meets the City's need, however, because the specifications omitted a requirement that the trailer must have a minimum axle capacity of 24,000 lbs. Staff is recommending that all bids be rejected and that a second request for bids be made based on revised specifications. As indicated in the attached memo to the Purchasing Agent, the necessary revisions to the specifications have been made and a re-bid has been requested. RECOMMENDED ACTION: Reject all bids. ALTERNATIVE COUNCIL POLICY OPTIONS: An award to the second Iow bidder is not advisable because had the specifications specified the maximum axle capacity, the Iow bidder could have quoted the next model upgrade. Appropriation Requested: N/A Citizen Advised: N/A Requested by: Jim Looney, Public Works Supervisor Prepared by: Rick H. Kennedy, Director of Public Works/City Engineer Coordinated with: Candace Horsley, City Manager Attachments: 1. Bid Tabulation and Unit Comparison Sheet. 2. Memo to Purchasing Agent. 3. . . Quotation from Great West Equipment, Inc., for the Walton Model No. 24KTP. Quotation from Stevenson Supply and Tractor, Company for the Towmaster T-20T Trailer. Previous Specifications. APPROVED: ~ ~., Candace Horsley, Cit~Manager R: 1 \PVV:kk ATILTDECK.98 /'~ 7~(. or.3 TILT DECK EQUIPMENT TRAILER QUOTATIONS SUMMARY Vendor GVWR Payload Trailer Wt. Overall Lgth Deck Lgth. . Axles Price Stever~s0n Supply 25,900 lbs 20,000 lbs 5,900 lbs 29' 2" 24' 10k Ibs/ea $10,424.24 _Great West Equipment 24,000 lbs 21,880 lbs 6,870 lbs 30.5' 25' 12k Ibs/ea $11,100.38 Empire Tractor & Equipment N/A 20,000 lbs N/A 25.5' 20' N/A $1.1,416,00 ERB Co, 27,670 lbs 21,320 lbs 6,350 lbs 30'9" 24'2" 12k Ibs/ea $13,108.33 Nix0n-Egli Equipment Co. same same same same same same $13,116.68 Ricker Machine Company same same same same same same $13,910,32 25,990 lbs 20,000 lbs 5,990 lbs 31' 24.5' 10k Ibs/ea $14,704.83 M-E-M'O'R-A.N.D.U.M DATE: April 8, 1998 TO: Nora Kennedy, Purchasing Supervisor FROM: Rick Kennedy, Director of Public Works/City Engineer REBID FOR TILT DECK EQUIPMENT TRAILER Per my discussion with Mike Harris, it is best to reject all bids for the tilt deck equipment trailer previously received prior to 2:30 p.m., March 23, 1998, and re-issue a second request for bids based on revised specifications. The previous specification provision for "payload capacity" at a 20,000 lb minimum has been changed to "total capacity of axles" at 24,000 lbs minimum. Provisions for a fold down crash guard at the rear of the trailer and a minimum hardwood deck thickness of 2" have been added. The wheel loads of the equipment to be carried by the trailer has been increased to reflect a corrected operating weight. These changes will insure that the City will receive a unit that best meets our needs. RlIK:kk R:I/PW MKENNEDY CITY OF UKIAH SPECIFICATIONS FOR TILT DECK EQUIPMENT TRAILER February 1998 The City of Ukiah invites proposals for furnishing one (1) tilt deck equipment trailer. The following specifications shall be considered minimum. All deviations from these specifications shall be described in the bid proposal. There will be no trade-ins involved in this bid. TOTAL CAPACITY OF AXLES: 24,000 lbs minimum DECK LENGTH: 20 Feet minimum DECK HEIGHT: 34 Inches maximum BRAKES: Electric - cab control with wet cell battery breakaway system. HITCH: 3 inch Pintle Ring, adjustable for various hitch heights, safety chains, and extra H.D. LIGHTS: I.C.C., State, Federal approved lighting and reflectors. DECK: Hardwood deck, 2" minimum, reinforced for concentrated load of a (3) wheel machine- (6,500 lbs single front wheel, 9,700 lbs on 2 rear wheels for total weight of 16,200 lbs). PARKING JACK: 12,000 lbs minimum drop leg. MISCELLANEOUS: Platform cushioning cylinders. Bed lock down mechanism. Minimum (6) tie down tings. Safety headboard. Fold down crash guard at rear of trailer. Specifications for One Tilt Deck Equipment Trailer INSTRUCTIONS TO BIDDERS Each bidder shall attach to his bid a complete, detailed description of the units he proposes to furnish. All equipment catalogued as standard shall be furnished and included in purchase price of the unit. In making its selection, the City will consider all factors relating to the trailer and cost. The equipment furnished under these specifications are to carry the standard warranty offered to the general public. A complete detailed description of the standard warranty shall be provided with the bid. Unless otherwise noted, the total bid price shall include all applicable taxes, fees, and transportation charges for delivery to the City of Ukiah equipment Garage on Airport Road. The City reserves the right to reject any or all proposals and to determine which proposal, in its opinion, will best serve the needs and requirements of the City. The trailer shall be fully equipped and ready for service. B:SPEC3:kk TILTDECK.98 Specifications for One Tilt Deck Equipment Trailer CITY of UKIAH 300 Seminary Avenue Ukiah CA. 95482 Phone 707-463-6217 REQUEST FOR QUOTATION NO FAX WILL BE ACCEPTED RETURN THIS FORM THIS IS NOT AN ORDER DATE: 3/2/98 REQ. NO. E 17872 TO: GREAT WEST EQUIPMENT 354 Umbarger Road San Jose, CA 95111 MAR 4 1998 ~IDs WILL BE RECEIVED UNTIL 2:30 p.m. March 23, 1998 :AT '11112 OFFICE OF Tile CITY CLERK 300 SEMINARY AVE. CITY of UKIAIt BY: Colleen I lenderson City Clerk QUOTATIONS ARE REQUESTED FOR THE FeLt.OWING HEMS: ALL QUOTATION~ SHALL BE F.O.B. UKIAH, CA. QUANTITY I~ESCRIPTION UNIT PRICE TOTAL _ 1 Tilt Deck Equipment Trailer as per attached City of Ukiah specifications. Price TOTAL: TERMS: 1. Rtgllt Is reserved to reject any and all bids. 2. Right Is reserved to accept separate items unless specifically denied by bidder. 3. In CASE OF DEFAULT, the City of Uklah may procure the Items quoted on from other sources and hold the original bidder liable for any Increased costs. 4. All substitutions shall show manufacturer's name, catalog number and comparable specs. 5. The price, terms, delivery point, and delivery date may Individually or collectively bo the basis of the awarding of the bid. 6. ALL QUOTATIONS MUST BE SIGNED. OPENING DATE and TIME "MUST" be prominently displayed on submitting envelope. 7. In submitting the above, the vendor agrees that the acceptance of any or all quotations by the City of Ukiah, w t ~ n 30 days constitutes a contract. --- City of Ukiah 300 Seminary Avenue Ukiah , CA 95482 Request No. E17872 Due: March 23, 1998~@ 2-30 p.m. Here Is a spec sheet on our Walton model 24KTP trailer for the City of Ukiah bid. Exceptions: 1) 3' stationary with 22' tilt for an overall length of 25', This provides a better load angle because of the 22' till The stationary decks gives a better axle placement for weight transfer, etc. 2) Our deck height matches the 34" specified when the trailer Is loaded, 3) Our tilt decks now require a fold down crash guard at the rear of the trailer. This is not shown on the spec sheet. 4) Because of the 3 wheel application we would use Apitong hardwood in our center section also, Great West Equipment, Inc. 354 Umbarger Road #1 Connie L. Smith President lOD &S 24K P/ K PJ Tilt Deck Equipment trailer 24,000 lb. GVW Air or Electric Brakes 30-1/2' 25' .~. 22' ', _~.em'e ...... · de~ width I~ 8' standard 11-1/2% CONSTRUCTION Main Frame Tilt Frame Deck Hitch Jack Axles Suspension Wheels Tires Brakes - 24KTP 24KTPA Lights Wiring Tilt Dampers Tilt Lock Paint Tie Downs Safety Headboard CAPACITY GVW Max Tongue Load Approx. Curb Wt. Max Net Load 24,O0O LB. 4,75O LB. 6,870 LB. 21,880 LB. * Capacity rated at 5.1 mph with maximum tongue load 10" at 19 lb./ft, wide flange beam. 10" at 19 lb./ft, wide tlange beam. 1-1/2" rough cut apltong along loading rails.-~ X i0 Dougi~s-flr--be- Heavy duty adjustable height ring type. 18,000 lb. capacity, drop foot landing gear jack. Tandem 12,000 lb. capacity tubular, with olt bath hubs. 24,000 lb. capacity slipper type with steel in rubbor bushings. Dual 6:00-16 semi drop-center. 8 on 6-1/2" bolt pattern. 235/85R16 10 ply "Goodyear" or "Firestone". 12-1/4" X 3-1/2" self adjusting electric, all wheels. 12-1/4" X 5-1/2 .... S" Cam air brakes, all wheels. Rubber grommet mounted, sealed beam. In conduit, color coded (circuit breakers on air brake models) Dual hydraulic, underbody tilt dampers. Spring loaded, automatic poslttve lock with safety latch. "Sherwin-Williams' automotive quality acrylic enamol over Iron oxide primer. Striping is standard. 3 heavy duty hinged "D" rings per side of trailer. A sturdy steel safety headboard Is standard equipment. Specification and desig, subject to cha,ge without notlce. 150 Weet 2450 North - Logan, Ut 84321 Phone (600) 321-8818 - Fax [601) 753-1731 CITY of UKIAH 300 Seminary Avenue Ukiah CA. 95482 Phone 707-463-6217 REQUEST FOR QUOTATION NO FAX WILL BE ACCEPTED RETURN THIS FORM THIS IS NOT AN ORDER DATE: 3/2/98 .REQ. NC). E 17872 BIDS WILL 'BE RECEIVED UNTIL 2:30 p.m. March 23, 199s TO: STEVENSON SUPPLY & TRACTOR CO. 3601 Regional Park~vay Santa Rosa, CA 95403 Al-tn: Trevor Stewart AT THE OFFICE OF TIIE CITY CLERK 300 SEMINARY AVE. C1TY of UKIAH BY: Colleen Henderson City Clerk QUOTATIONS ARE REQUESTED FOR TIlE FOLLOWING ITEMS: ALL QUOTATIONS SHALL liE F.O.B. UKIAH, CA. ,, QUAN'FITY DESCRIPTION ' ' UNIT PRICE TOTAL 1 Tilt Deck Fxluipmcnt Trailer as per attacl'led City of Ukiah specifications. Price , Sales Tax: ctx c2¢.c,k..t2q d¢ok, O,,Ag keds, TOTAL: kluipmen, Rentals Since 1908 Contractor Supplies :g 7o q'. 6 '7 3eotex~e Fabric Wacker Equipment "7. 2 Y O~ 'T'~ ~' , ,, ;omp~:tion Equipmenl Construclion Lasers -""----- 3601 Regional Parkway · Santa Rosa, CA 95403 Trevor Stewart Sales Manager tobile 707-321-9059 707-575-3335 Res. 707-526-2213 ager 707-973-3011 800-750-3335 Fax 707-575-8723 ~"[-~7 r3 J TERMS: ~ "-" O-Xj/.~ 1. Right is rese~ed tO reject any and all bids. ~~ ~k ~ ~ 2. Right is rese~ed to ac~pt separate items unless specific~ly denied by bidder. DEL. ~( O _ f~ ~ 3. In CASE OF DEFAULT, the Ci~ of Uklah may procure tho items quoted on from o~er sources and hold the original bidder liable ~or any Increased costs. 4. All substitutions shall show manufacturer's name, catalog number and comparable specs. 5. The price, terms, delivery point, and delivery date may individually or collectively be the basis o! the awarding o! the bid. 6. ALL QUOTATIONS MUST BE SIGNED. OPENING DATE and TIME "MUST" be prominently displayed on submitting envelope. /Z' 7. In submitting the above, the vendor agrees that the acceptance of any or all quotations __ b_y the City of Uklah, within 30 days co,ns, t,itu!es a contrac, t. ~ ' Ifil '~ DeCk Over box standard , ,'. ~ ."'',' Sealed beam, flush mount, reflector/zed lighthlg with dual stop and turn lights wide standard! Hutchens 9700 adjustable ~uspelt~iort Hi-tens/lo tubul~Jk ~ld~. D.O.T. approved ~'~8/whlt~3 ~efte6tiv~ . ; Striping for ~Xi~U~ hlghWey ~tO~ " Fully acid etched, printed and painted with ,~ufontof/ve fin/she§ before debkittg (NOT deck tt~lght (Io~ld~d) and w?rkrhO'h~hij~ ~o~ ~ '5~tib~.6f ,one', "' :. ':.' '." ", ' ' .' . ' ' ': ' "'." .' "; '; ~" 2 :. *' ~''-:'' .' ~:"::': ':, :'~ '; !-',, r~POir~d ih'-d~y M~'tig~: h6} ~uth~'¢i~U b~ :'.:', :. .--. ... , · ,..":':.~:',:'.: FU~hOhLn~~ v~hJdJ~.ti~ . ~:" "~' '~ "' '"'" " ' ' - .... :" ":":' ..~""'t-' .:'.'? . Towm'dsJor ?fdij~t wjtl h'afl:dlg -di:~'pd~ili~n axl~s; iUS~Ofi~16h~:,'~'h$~l~, aha ~{'h'~ ', . , .,. ' ~ ,.. ;, 'Y~.,j,..~...'.:. ~.',~ · ,.~,,'.,I, '"]. · .~ ' To~ma'sJ~ ?{~il~t ~'u~i t~d~ig~ lmm~dl~t~ ~ ..'I. ~ ' -.~, ' '*'i .,..~ ,,,,. . . [. . [.. . .~; ,/ -, ~.. ~.... t ,.. repairs, wilhGut our cgn~nt' ~t ~p~69~1:....'.~' . . · . . .. . , .. . .. '' . . .. . · '.). ".',:'. '.' . ,.' ;' t .:, '~.-' ~: ".~ .K :.'~ ":':'~.'.'~ '.."'z" 'h, '. .... ."'-'""' - ~ . . · · : il ,' :' '..'""':':5:~., ' :,:""'""'i'".; ." ';:"" ;:.:_ '.'- ' :.'. ' · .~, . .' ~::...'.., '~,..~ ~....'~ '"'" "' ' ' .' ;:':'.,"~. .'~. :' :., ~':- iL ' .. . · ' - .-. , - '..: ' .;'. · ;j, ~'i, ;',' "'-"... ,'-" ',' · '-~ 'i '~: *; '"' ' '" '" ':*':"~ · ~. . . .:~,,:. ' ' "" ','..: :Yt'- ...." '-'-- '" "' '- :. ~. -: ,; ,' .;~: ,. .. - .' . '-~ ,.:..., · .: ~ ~, :, :,- · .,t .-: ; ,'-~ . '7,.; ' '..~ ~, : ".; ,. · -Fec~oral rfc:juJditJoris i'e~j~/Jr~' motor, vehlet~ oaU/bm~,ht.~__,_..._.._ 6ur W,,.-i~.'r~,;,l,,: ..... .,. :, ... .... . .... ..,,,,. ..... · __...., ,.. regl~iraflofi' fulflll~,,lhls db'(~uml~r~f';'-'..' ' '...'~ ' .. :.:-' :"' : ...... : - ', '..7.'i.. :,. C · ' .: . '" ' '"" ' ~ · ~ .... 'Y.' "' !' i' '"'v'~'.:.' CITY OF UKIAH SPECIFICATIONS FOR TILT DECK EQUIPMENT TRAILER February 1998 The City of Uldah invites proposals for furnishing one (1) tilt deck equipment trailer. The following specifications( shall be considered minimum. All deviations from these specifications shah be described in the bid proposal. There will be no trade-ins involved in this bid. PAYLOAD CAPACITY: DECK LENGTH: DECK HEIGHT: HITCH: LIGHTS: DECK: MISCELLANEOUS- 20,000 lbs minimum 20 Feet 34 Inches maximum Electric - cab control with wet cell battery breakaway system. 3 inch Pintle Ring, adjustable for various hitch heights, safety chains, and extra H.D., jackpost capable of supporting tongue when loaded. I.C.C., State, Federal approved lighting and reflectors. Hardwood deck reinforced for concentrated load of a (3) wheel machine - (6,100 lbs single front wheel) (9,200 lbs on 2 rear wheels). Platform cushioning cylinders. Bed lock down mechanism. Minimum (6) tie down rings. Safety headboard. Specifications for One Tilt Deck Equipment Trailer ,INSTRUCTIONS TO BIDDERS Each bidder shall attach to his bid a complete, detailed description of the units he proposes to furnish. All equipment catalogued as standard shall be furnished and included in purchase price of the unit. In making its selection, the 'City will consider all factors relating to the trailer and cost. The equipment furnished under these specifications are to carry the standard warranty offered to the general public. A complete detailed description of the standard warranty shall be provided with the bid. 'Unless otherwise noted, the (total bid price shall include all applicable taxes, fees, and transportation charges for delivery to the City of Uldah equipment Garage on Airport. Road. The City reserves the right to reject any or all proposals and to determine which proposal, in its opinion, will best serve the needs and requirements of the City. The trailer shall be fully equipped and ready for service. B:SPEC3:k.k TILTDECK.g8 Specifications for One Tilt Deck Equipment Trailer ITEM NO.: DATE: 6e April 15, 1998 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION CHANGING THE STREET NAME FOR STANDLEY AVENUE TO STANDLEY STREET SUMMARY: The Ukiah Department of Public Safety requests the proposed public street name change for Standl6~y Avenue as part of a program to eliminate duplicative and confusing street names that can hinder the dispatch of emergency personnel to accident scenes and other emergencies. This program has been implemented, in part, as a response to incidents where persons calling the 911 emergency dispatch number were unable to clearly identify an address due to a lack of familiarity with the area or stress caused by the particular incident, continued on Page 2 RECOMMENDED ACTION: Approve Resolution changing the public street name of Standley Avenue to Standley Street. ALTERNATIVE COUNCIL POLICY ACTION: 1. Take no action and retain the Standley Avenue street name. Citizen Advised: Publicly noticed pursuant to provisions of Ukiah Municipal Code Requested by: Ukiah Department of Public Safety Prepared by: Dave Lohse, Associate Planner and Chuck Yates, City Fire Engineer Coordinated with: Candace Horsley, City Manager; Bob Sawyer, Planning Director; and Roe Sandelin, Acting Fire Chief Attachments: A. Resolution for Adoption B. Location Map C. Notification Letter from Planning Department explaining proposed public street name change D. Draft Address Change Referral for affected properties abutting Standley Avenue APPROVED' L.~, ~.~~ _~ Candace Horsley, Cit~ Manager Such delays can severely impede emergency personnel from responding to such incidents, and have great potential to compound emergencies that can, in some cases, be life-threatening. It is also being done to provide the same street name consistency that is required for newly established streets by the Municipal Code (Section 8086), which requires that new streets within the City limits "shall not duplicate or too closely approximate phonetically the names of any street in the City or the adjacent unincorporated area." It further requires that where streets are continuations of existing streets, the existing street name should be used. Approval of the proposed name change for Standley Avenue will also require that the addresses for the abutting/properties be changed since the address range for this street is not consistent for Standley Street in this locale. These address changes would be done through the Planning Department's standard address change process if the name change is approved. A copy of the Address Change referral packet is attached to this report. Personnel from the City Fire Department have gone door to door to notify property owners of the proposed street name and the resulting address changes that would be required. According to City Fire Engineer Chuck Yates, all of the persons contacted indicated that they support the project since it will ensure a prompt emergency response. Approval of this Resolution would change the public street name for Standley Avenue to Standley Street in order to eliminate the duplicaton of names between these two streets, which intersect approximately 400 feet north of the bridge that crosses Gibson Creek. In addition, Planning staff provided written notification (attached) to the owners of all the lots that abut Standley Avenue. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 ATTACF~MENT "A" RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH CHANGING THE STREET NAME OF STANDLEY AVENUE TO STANDLEY STREET WHEREAS, the public street names for Standley Avenue and Standley Street duplicate each other and create confusion for the general public and emergency response personnel that use these streets; and WHEREAS, these streets physically connect in a continuous and uninterrupted path that would not be altered by renaming the street; and WHEREAS, the strbet addresses currently assigned to the residential structures located along Standley Avenue do not accurately reflect the block addresses commonly used for parcels in the western portion of the City of Ukiah; and WHEREAS, this single resolution of the City Council is intended to eliminate road name confusion and assist emergency personnel with prompt response to affected residents. NOW, THEREFORE, BE IT RESOLVED that the City of Ukiah City Council authorizes the renaming of Standley Avenue to Standley Street. PASSED AND ADOPTED this 15th day of April, 1998, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Sheridan Malone, Mayor Colleen Henderson, City Clerk ATTACHMENT "B" LOCATION MAP STANDLEY AVENUE RENAMING TODD GROVE NUMICIPAL PARK ANTON STADIUM I I I I I I I 0 500 1000 1500 2000 2500 3000 FT. SCALE- 1 inch = 500 feet N ATTACHHE;~T "C" 300 S~~.~VE., UKIAH, CA 95482-5400 · ADMIN. 707/463-6200 - PUBLIC SAFETY 463-6242/6774 · FAX # 707/463-6204 · April 1, 1998 Dear Sir: The Planning Department has forwarded a Resolution to the City Council recommending that the public street name for Standley Avenue be changed to Standley Street in order to eliminate the duplication in these street names and the confusion that it creates. This change has been requested by the Fire Department, which cites the potential for delayed emergency response caused by persons that only identify their street address as being on "Standley" when requesting medical aid or other emergency assistance. This request has been scheduled as one of the items on the Council's agenda for the regularly scheduled hearing on April 15, 1998, which will be held at 7:00 p.m. in the Council Chambers at the Ukiah Civic Center, 300 Seminary Avenue. This item has been scheduled for the Council's Consent Calendar, but Planning staff did want to ensure that the owners of all affected parcels had been notified of the proposed street name change. Planning staff also wanted to advise owners and occupants that all addresses on Standley Avenue would also be altered to avoid duplication with existing Standley Street addresses. These changes would be initiated through the Department's standard Address Change Referral process if the proposed street name change is approved by the City Council. Planning staff recommends that the addresses on the attached Address Referral be used since these addresses would provide continuity with existing Standley Street address. The Planning Department recognizes that the proposed street name and address changes could be an inconvenience, but is acting on the basis that any inconvenience would be worth the effort to provide optimum clarity in addressing and emergency response. Please contact me if you have questions or comments. Sincerely, Dave Lohse Associate Planner Attachment: Address Referral 300 SEMINARY AVE., UKIAH, CA 95482 ,= ADMIN. 707/463-6200 · POLICE 463-6242 · FIRE 463-6274 DATE: April 26, 1998 TO: FROM: SUBJECT: MEMORANDUM Erin Tarkhanlan/Annette Vedolla, Customer Service Representatives Bruce Evans, Fire Marshal Captain John Williams, City Police Carl Tuliback, Building Inspector Tom McArthur, Water & Sewer Technician Paul Ammendolia, Electric Engineering Technician Yvonne Pintane, Mendocino County Sheriff's Office Vale Wippert, Mendocino County Planning Department Maureen DeVanay, Pacific Bell Dave Dauer, P.G. & E. Dave Forsberg, Mail Supervisor, U.S. Postal Service Charles Cliburn, Mendocino County Assessor Marsha Young, Mendocino County Clerk Susan Bold, Deep Valley Security Kim Parry, Thomas Bros. Maps Mendocino County Board of Supervisors Dave Lohse, Associate Planner: 463-6207 Address Changes and Assignments 191 - 305 Standley Avenue The Ukiah Fire Department has requested that all fourteen of the addresses along West Standley Avenue be changed to West Standley Street addresses. This change is being effected in response to a City Council Resolution, which was adopted on April 15, 1988 to change the public street name for the affected portion of West Standley Avenue to West Standley Street. The specific address modifications are listed on the next page and affected properties are shown on the attached copy of the City Address Map. Existing Standley Avenue Addresses Standley Avenue Address Changes Proposed Standley Street Addresses 191 1197 2OO 1200 201 1201 204 1204 207 1207 208 1208 209 ,~ 1209 216 1216 217 1217 220 1220 221 1221 225 1225 305 1305 Owner/Assessor Parcel No. Gab rielson 001 - 160-36 Taylor 001-160-46 Woodall 001-130-56 Jean Gerard 001-120-24 Grams 001-130-54 Suchan-Hunter 001-120-25 Sligh 001-130-35 Giuntoli 001-120-10 Williams 001-130-52 Wallen 001-120-29 & 001-160-45 Philbrick 001-120-30/34 Delany 001-120-04 Heller 001-030-06 4-15-98 Dear sir or madam: . As a resident of Standley Avenue, I object to the Planning Department's recent proposal to rename Standley Avenue Standley Street. Part of my opposition is sentimental, part is practical. On the sentimental side, Standley Avenue has been Standley Avenue for as long as I can remember and I like it just fine that way. Moreover, my r~.ew address of 1208 West Standley Street just doesn't have the s.xme "ring" as 208 Standley Avenue. On the practical side, we use our ho~e address as the mailing address for our business because mail delivery at the industrial park where the business is located is inconsistent at best. As a result, we are currently in possession of many brochures, price lists, invoices, return address st~unps, etc., with 208 Standley Avenue printed upon them as the return address. Sure, the post office will forward the mail, but not indefinitely. So this means quite a cost to us to have everything reprinted. While I am sympathetic to the desire of the Fire Departn~_~nt for clear directions in the case of an emergency, could not Departl~ent personnel be trained to ask: "Is that Stand]ey Street or Stand!ey Avenue"? The Postal Service, UPS, and the pizza delivery person se~m to manage the situati I also wonder why, after all these years, that this street name change has suddenly become an issue. How did the Fire Department manage in years past? I believe there is a Thompson Street and a Thompson Avenue in Ukiah, as well as a Betty Street and a Betty Court. If this is the case, are those streets up for name changes as well? I noticed that the memorandum regarding the proposed street name change went out to sixteen public and private entities. How much money and inconvenience will t}~is action cost them, not to mention the numerous other public and private entities that will be affected? I urge the City Council to reject the Planning Con~nission's proposal. It is an overreaction to a problem that could best be solved by better training of Fire Departpent personnel rather than forcing thirteen households and nun~rous public and private entities to endure what for some will be a minor, and others, a ~ajor, inconvenience and/or expense. Thank you for considering my concerns. Sincerely, Michael Hunter AGENDA SUMARY ITEM NO. DATE: April 15, 1998 REPORT SUBJECT: ADOPTION OF ORDINANCE AMENDING ARTICLES 3, 4, AND 5 OF CHAPTER 2 (ZONING), OF THE UKIAH MUNICIPAL CODE REVISING THE REGULATIONS FOR THE RESIDENTIAL ZONING DISTRICTS. SUMMARY: On April 1, 1998, the City Council voted 5-0 to introduce the ordinance amending Articles 3, 4, and 5, of Chapter 2 (Zoning) of the Ukiah Municipal Code. This ordinance revises the regulations for all three (3) Residential Zoning Districts. Pursuant to the direction of the Council, the ordinance includes the owner occupancy requirement, and "sliding scale" size regulation for second dwelling units in the R-1 Zoning District. The Ordinance is attached and ready for adoption. RECOMMENDATION: Adopt the Ordinance amending Articles 3, 4, and 5 of Chapter 2 (Zoning) of the Ukiah City Code. ALTERNATIVE COUNCIL POLICY OPTION: Do not adopt the Ordinance and provide direction to staff. Citizen Advised: Legal notice published according to the requirements of the Ukiah City Code. Requested by: Planning Department Prepared by: Charley Stump, Senior Planner Coordinated with: Candace Horsley, City Manager; Bob Sawyer, Planning Director; and David Rapport, City Attorney Attachments: 1. Ordinance amending Articles 3, 4, and 5 of Chapter 2 of the Ukiah City Code. APPROVED: candace Horsley, City ~/lanager 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING DIVISION 9, CHAPTER 2 (ZONING) OF THE UKIAH CITY CODE The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE Pursuant to Section 9260 of the Ukiah City Code, Division 9, Chapter 2 (Zoning) is amended by revising Article 3 (Regulations in Single Family Residential (R-l) Districts; Article 4 (Regulations in Medium Density Residential (R-2) Districts; and Article 5 (Regulations in High Density Residential (R-3) Districts, as indicated on Exhibit "A" attached to this Ordinance. SECTION TVVO The amendments to Chapter 2 of the Ukiah City Code involve the updating and revising of the allowed and permitted land uses within the "R-I" (Single Family Residential), "R-2" (Medium Density Residential), and "R-3" (High Density Residential) Zoning Districts. They also update the development standards for all three (3) Zoning Districts; revise the provisions for second units and manufactured homes; and include reformatting the text to make it easier to read, understand, and administer. SECTION THREE This amendment to Chapter 2 of the Ukiah City Code is necessary to ensure that the text of Articles 3, 4, and 5 are consistent with the Ukiah General Plan, and to create a more orderly and readable set of residential zoning regulations. SECTION FOUR This Ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. ORDINANCE NO. Page 1 of 2 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 SECTION FIVE This Ordinance shall become effective thirty (30) days after adoption. Introduced by title only on April 1, 1998, by the following roll call vote' AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone NOES: None ABSENT: None ABSTAIN: None Passed and adopted on April 16, 1998, by the following roll call vote' AYES: NOES: ABSENT: ABSTAIN: Sheridan Malone, Mayor ATTEST: Colleen B. Henderson, City Clerk ORDINANCE NO. Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 CHAPTER 2 ZONING ARTICLE 3. REGULATIONS IN SINGLE FAMILY RESIDENTIAL (R-l) DISTRICTS SECTION: 9015: 9016: 9017: 9018: 9019: 9020: 9021: 9022: Purpose and Intent Allowed Uses Permitted Uses Building Height Limits Required Site Area Required Yard Setbacks Required Parking Determination of Appropriate Use 9015: PURPOSE AND INTENT: The purpose of the regulations in the Single-Family Residential (R-l) district is to preserve, enhance, and protect the Iow density residential neighborhoods in the community. The R-1 zone is intended for residential areas characterized predominantly by single family use, and with typical Single-Family residential subdivision lots ranging in size from 6,000 to 10,000 square feet in size. This zone is consistent with the LDR (Low Density Residential) Land Use Designation of the City General Plan. 9016: ALLOWED USES: The following uses are allowed in Single Family Residential (R-l) Districts: A. Single-family residential dwellings. B. Accessory buildings. C. Accessory uses normally incidental to single-family residences. D. Community Care Facility, which provides service for six (6) or fewer persons, with the residents and operators of the facility being considered a family. E. Small Family Child Day Care Home, which provides care for eight or fewer children, including children under the age of ten years who reside at the home. F. Home Occupations (as defined in Section 9301). EXHIBIT "A" ORDINANCE NO. Page 1 of 22 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 G. Manufactured homes certified under the National Manufactured Home Construction and Safety Standards Act of 1974 (42 U.S.C. section 5401, et seq.) are allowed on individual residential parcels subject the following regulations: 1. Foundation System: The manufactured home shall be attached to a permanent foundation system approved by the City Building Official and designed and constructed pursuant to section 18551 of the State Health and Safety Code. 2. Utilities: All utilities to the manufactured home shall be installed pursuant to City standard practices and policies. 3. Permits: All applicable building, site development, and encroachment permits associated with development of residential property shall be secured prior to any on-site construction. H. Fences: 1. Fences shall be limited to a maximum height of six feet (6'). Fences exceeding six feet (6') in height may be erected subject to the securing of a Use Permit. 2. No fence shall be constructed and no hedge or other screen planting shall be grown or permitted to grow, to a height exceeding three feet (3') within ten feet (10') from any property line abutting a street. 9017: PERMITTED USES: The following uses may be permitted with the securing of a Use Permit: A. Accredited Public or private schools. B. Churches, chapels, and other places of religious assembly and instruction. C. Public buildings and places of temporary public assembly. D. Parks, community gardens, and playgrounds. E. Community Care Facility for more than six (6) persons, but not more than 12 persons. F. Large Family Child Day Care Home for a minimum of 7 to 14 children inclusive, including children under the age of ten (10) years who reside at the home. EXHIBIT "A" ORDINANCE NO. Page 2of22 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G, L. M, N. Bed and Breakfast establishments. Condominiums. Outdoor Sales Establishments. Temporary uses meeting the purpose and intent of the R-1 zoning district. The temporary use shall be for a maximum period of six (6) months, and shall be subject to permit renewal/time extension at the discretion of the Planning Director. O. Second Dwelling Units subject to the following criteria: 1. The requirements of this Subsection are applicable to all existing second units as well as those proposed after the effective date of this ordinance, except for legal non-conforming units, or as is otherwise specifically provided herein. Existing units must have an approved use permit to be considered as a legal use. Existing second dwelling units as of the date of this ordinance inconsistent with the provisions listed herein, shall be considered legal non- conforming, provided that they were legal at the time of their creation. Existing second dwelling units created without the benefit of a Use Permit when one was required may be legalized with the approval of a Use Permit if they comply with the development standards for such units in effect at the time of their creation. 2. These regulations do not allow the division of property upon which a second unit is located unless all requirements of the R-1 zoning district are met. 3. The second unit may be used for rental purposes. 4. Second units may be attached to existing single family residences or detached as separate structures. Regardless, all proposed second units shall be architecturally compatible, and have design continuity with existing homes in the neighborhood. 5. The minimum lot size upon which a second unit may be placed is six thousand (6,000) square feet for an interior lot, and 7,000 square feet for a corner lot. EXHIBIT "A" ORDINANCE NO. Page 3 of 22 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 6. The maximum size of a second unit is six hundred forty (640) square feet for a 6,000 square foot lot or ten percent (10%) of the lot size to a maximum permitted size of 1,000 square feet for lots over 6,000 square feet. 7. Parking requirements for the second unit shall be one off-street independently accessible parking space, in addition to the two independently accessible parking spaces required for the existing single family residence. If the primary residence was legally constructed at a time when on-site parking was not required, then only the parking space for the second dwelling unit shall be required. 8. The second unit must meet all applicable building and fire codes, and shall have electric, water and sewer service provided through the City with the type of meter arrangement at the property owner's option. 9. Attached second units shall ordinarily be limited to a maximum height of thirty feet (30') or the height of the primary residence, whichever is less, unless it is determined in the discretionary review process that a higher structure would not adversely impact the public health, safety, and general welfare. Detached second units shall ordinarily be limited to a maximum height of twenty feet (20') or the height of the primary residence, whichever is less, unless it is determined in the discretionary review process that a higher structure would not adversely impact the public health, safety, and general welfare. Second units above garages are limited to a maximum height of thirty feet (30'). 10. The following yard setback requirements shall supersede the yard setback standards for single family residences in the R-1 Zoning District, and shall specifically apply to all second dwelling units: Front Yard: the same as the existing single family residence, but no closer than five feet (5'). Side Yard: Five feet (5'). EXHIBIT "A" ORDINANCE NO. Page 4 of 22 1 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Rear Yard: Fifteen feet (15'), unless If the property has frontage on an alley, the rear yard setback shall be five feet (5') from the outside boundary of the alley or fifteen feet (15') from the centerline. 11. The proposed second unit shall have a separate front door, which, in the event of an attached unit, shall not be located along the front of the existing single family residence unless it is not obviously visible from the street in front of the residence. 12. One of the units on the parcel must be occupied by the property owner. 9018: BUILDING HEIGHT LIMITS: The following shall be the maximum limits for height of buildings in Single-Family Residential (R-l) Districts: A. For single family dwellings and attached second dwelling units, a maximum height of thirty feet (30'). B. For accessory buildings a maximum height of twenty feet (20') or the maximum height of the main building whichever is less. C. The height limits for both dwelling units and accessory structures may be exceeded with the securing of a Use Permit. The height limit for second dwelling units may be exceeded through the second unit Use Permit process, provided a finding is made that the higher structure would not adversely impact the health, safety, and general welfare of the public. 9019: REQUIRED SITE AREA: A. Interior Lots: The required site area on interior lots in the R-1 zoning district is six thousand (6,000) net square feet, and the required lot width is sixty feet (60'). B. Corner Lots: The required site area for corner lots in the R-1 zoning district is seven thousand (7,000) net square feet, and the required lot width is seventy feet (70'). C. Existing Development/Density: In existing development/density, there is no minimum site area. D. Non-Conforming Lots: Development may occur on existing, non-conforming R-1 lots; a Site Development Permit is required for existing lots four thousand five hundred (4,500) square EXHIBIT "A" ORDINANCE NO. Page 5 of 22 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 feet and greater and a use permit is required on existing lots of less than four thousand five hundred (4,500) square feet. Minimum width in either case is forty feet (40'). 9020: YARDS REQUIRED: The purpose of establishing yard areas in the R-1 zoning district is to ensure open spaces, and a Iow density appearance to single family residential neighborhoods. In single-Family Residential (R-l) Districts, yards shall be required in the following minimum widths, as measured from the street right-of-way: A. Front: twenty feet (20') for residences and accessory structures, and thirty feet (30') for garages and accessory structures. B. Sides: ten feet (10') for residences and five feet (5') for accessory structures. C. Rear: twenty feet (20') for residences, and five feet (5') for accessory structures. D. Corner Lots: On corner lots, there shall be a front setback line of twenty feet (20') on each street side of a corner lot. Except in cases where fifty percent (50%) of the same side of the block is already built out, then the average setback shall apply. The 50% average setback exception does not apply to accessory structures. E. Yard Setbacks for Unique Circumstances: 1. Architectural Features: Cornices, eaves, canopies, and other similar architectural features for residential structures and accessory structures exceeding 120 square feet in area may extend up to two feet (2') into any required yard. 2. Swimming pools shall not be located in front yards, and no closer than five feet (5') to any rear or side property line. 3. Open porches, landing places or outside stairways may extend into the required front yard setback provided a minimum of fifteen feet (15') is maintained between the stairway/landing place and the front property line. Open porches, landing places or outside stairways may extend up to two feet (2') into any required side yard, and six feet (6') into any EXHIBIT "A" ORDINANCE NO. Page 6 of 22 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 required rear yard. Such porches, landing places, and outside stairways may be roofed, but shall not be enclosed with solid siding, glass, or screening materials, or otherwise made a part of the habitable portion of the structure. 9021: REQUIRED PARKING: A. The minimum parking area required in Single-Family Residential Districts is two (2) on-site independently accessible spaces for each dwelling unit. Second dwelling units require one (1) additional on-site independently accessible parking space. The parking requirements for all other allowed or permitted uses shall be subject to the provisions of Section 9198. B. Each required on-site parking space or garage space for single family residential uses shall be a minimum of nine feet (9') in width and nineteen feet (19') in depth. C. Each required on-site parking space or garage space for single family residential uses shall open directly onto a driveway or aisle and be designed to provide safe and efficient ingress and egress for vehicles accessing such parking space. The maximum width for such driveways shall be twelve feet (12') feet for single-wide driveways, and twenty feet (20') feet for double-wide driveways and access lanes to parcels with no street frontage. D. All driveways on corner lots shall be located a minimum distance of twenty (20') feet from the curb return. 9022: DETERMINATION OF APPROPRIATE USE BY PLANNING DIRECTOR: A. VVhenever a use is not listed in this Article as a use permitted by right or a use subject to a Use Permit in the R-1 Zoning District, the Planning Director shall determine whether the use is appropriate for the zoning district, either as a right or subject to a Use Permit. In making this determination, the Planning Director shall find as follows: 1. That the use would not be incompatible with other existing or allowed uses in the R-1 Zoning District; 2. That the use would not be detrimental to the continuing residential development of the area in which the use would be located; and EXHIBIT "A" ORDINANCE NO. Page 7 of 22 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. That the use would be in harmony and consistent with the purpose of the R-1 Zoning District. 4. In the case of determining that a use not articulated as an allowed or permitted use could be established with the securing of a Use Permit, the Planning Director shall find that the proposed use is similar in nature and intensity to the uses listed as permitted uses. EXHIBIT "A" ORDINANCE NO. Page 8 of 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CHAPTER 2 ZONING ARTICLE 4. REGULATIONS IN MEDIUM DENSITY RESIDENTIAL (R-2) DISTRICTS SECTION: 9030: 9031: 9032: 9033: 9034: 9035: 9036: 9037: 9038: 9030: Purpose and Intent Allowed Uses Permitted Uses Building Height Limits Required Site Area Required Yard Setbacks Required Parking Additional Requirements Determination of Appropriate Use PURPOSE AND INTENT: The Medium Density Residential zoning district is intended to provide land area and opportunities for a range of densities and a variety of housing types, including townhomes, multiple family residential development, and duplexes. The maximum density is one to fourteen dwelling units per gross acre of land. The R-2 District is also intended to provide for a compatible mix of medium density residential, educational, religious, quasi-medical, and small professional office land uses. The "R-2" Zoning District is consistent with the MDR (Medium Density Residential) General Plan Land Use Designation. 9031: ALLOWED USES: The following uses are allowed in Medium Density Residential (R-2) Districts: A. Single-family dwellings, duplexes, condominiums, apartment houses, and rooming or boarding houses. a. Co Do E. Accessory buildings and accessory uses. Community Care Facility (Maximum Clients - 6). Small Family Child Day Care Home (Maximum Clients - 6). Home Occupations (as defined in Section 9301). EXHIBIT "A" ORDINANCE NO. Page 9 of 22 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 F. Manufactured Homes certified under the National Manufactured Home Construction and Safety Standards Act of 1974 (42 U.S.C. section 5401, et seq.) are allowed on individual residential parcels subject to the following regulations: 1. Foundation System: The manufactured home shall be attached to a permanent foundation system approved by the City Building Official and designed and constructed pursuant to section 18551 of the State Health and Safety Code. 2. Utilities: All utilities to the manufactured home shall be installed pursuant to City standard practices and policies. 3. Permits: All applicable building, site development, and encroachment permits associated with development of residential property shall be secured prior to any on-site construction. 9032: PERMITTED USES: The following uses may be permitted in Medium Density Residential (R-2) Zoning Districts subject to first securing a Use Permit: A. Single-family dwelling on a three thousand (3000) square feet lot (one side zero lot line and one side five feet (5') setback provided that "0" lot lines are contiguous). B. Dwelling groups. C. Social halls, lodges, public buildings, and places of temporary public assembly. D. Churches, chapels, and other places of religious assembly. E. Parks, community gardens, and playgrounds. F. Rest homes, convalescent services, and other residential medical facilities. G. Accredited public or private schools. H. Professional office converted from a single family residence. I. Bed and breakfast establishments. J. Community care facility for more than six (6) persons, but not more than 12 persons. K. Large family child day care home for a minimum of 7 to 14 children inclusive, including children under the age of ten (10) years who reside at the home. EXHIBIT "A" ORDINANCE NO. Page10of 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 L. Temporary uses meeting the purpose and intent of the R-2 Zoning District. The temporary use shall be for a maximum period of six (6) months, and shall be subject to permit renewal/time extension at the discretion of the Planning Director. M. Outdoor sales establishment. 9033: BUILDING HEIGHT LIMITS' The following shall be the maximum limits for height of buildings in Medium Density Residential (R-2) Districts: A. For main buildings a maximum height of thirty feet (30'). B. For accessory buildings, a maximum height of twenty feet (20') or the maximum height of the main building, whichever is less. C. The height limits for main buildings and accessory structures may be exceeded with the securing of a Use Permit. 9034: REQUIRED SITE AREA: In Medium Density Residential (R-2) Districts the required building site area shall be as follows: A. For each building or group of buildings a minimum of six thousand (6,000) square feet in area and a minimum width of sixty feet (60') on interior lots; a minimum of seven thousand (7,000) square feet in net area and a minimum width of seventy feet (70') on corner lots. B. For each family unit intended to occupy any building or group of buildings on such building site area, a minimum of three thousand (3,000) square feet of net area. C. A two (2) parcel land division is allowed for a duplex structure provided both parcels meet site area requirements. D. In existing density cases, there is no minimum site area. 9035: YARDS REQUIRED: In Medium Density Residential (R-2) Districts, yards shall be required in the following minimum widths, as measured from the street right-of-way: A. Front: fifteen (15') feet for dwellings and accessory structures, and twenty five feet (25') for garages. B. Sides: ten feet (10'), except as provided in Section 9032 (A). EXHIBIT "A" ORDINANCE NO. Page11of 22 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 C. Rear: fifteen feet (15'). Except in cases where fifty percent (50%) of the same side of the block is already built out, then the average setback shall apply. D. Corner Lots: On corner lots, there shall be a front setback line of fifteen feet (15') on each street side of a corner lot. D. Special Yards and Distances Between Buildings: Minimum widths shall be as follows: 1. The distance between any buildings in any dwelling group shall be a minimum of ten feet (10') for single-story structures and fifteen feet (15') if one or more of the structures is taller than a single-story. 2. Any side yard providing vehicular access to single-row dwelling groups shall have a minimum width of twenty feet (20') for one-way access and twenty-five feet (25') for duel access. 3. Any Inner court providing vehicular access to double-row dwelling groups shall have a minimum width of twenty feet (20'), and a minimum width of twenty-four feet (24') if bordered by parking stalls. 9036: PARKING REQUIRED: The minimum parking required in Medium Density Residential (R-2) Districts shall be as follows: A. Single-Family Dwellings: Two (2) on-site independently accessible parking spaces for each dwelling unit. B. Duplexes: Two (2) on-site independently accessible parking spaces per unit. C. Multiple-Family Dwellings and Condominiums: One (1) on-site independently accessible parking space for one (1) bedroom units; two (2) on-site independently accessible parking spaces for two (2) or more bedrooms per unit. D. All other allowed or permitted uses shall be subject to the parking requirements contained in Section 9198. EXHIBIT "A" ORDINANCE NO. Page12of 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 E. Each required off-street parking space or garage space for Multiple Family residential uses shall be a minimum of nine feet (9') in width and nineteen feet (19') in depth. Thirty percent (30%) of the parking stalls in a parking lot with ten (10) or more stalls shall be compact sized (eight feet (8') in width and sixteen feet (16') in length). F. Each required off-street parking space or garage space for multiple family residential uses shall open directly onto a driveway or aisle and be designed to provide safe and efficient ingress and egress for vehicles accessing such parking space. The maximum width for such driveways shall be twelve feet (12') feet for single-wide driveways, and twenty feet (20') for double-wide driveways and access lanes to parcels with no street frontage. G. All driveways on corner lots shall be located a minimum distance of twenty feet (20') feet from the curb return. H. Relief from the parking requirements in the R-2 Zoning District may be approved through the discretionary review process, provided a finding is made that a reduced number of spaces would not adversely impact the health, safety, or general welfare of the public. 9037: ADDITIONAL REQUIREMENTS: A. A Site Development Permit is required for development of more than a single duplex. B. All development projects in the R-2 Zoning District requiring discretionary review shall include a proposed Landscaping Plan commensurate with the size and scale of the proposed development project. Landscaping Plans shall be submitted as a required component of all Site Development and Use Permits at the time of application filing. 1. All proposed Landscaping Plans shall comply with the following standards: A. Landscaping shall be proportional to the building elevations. B. Landscape plantings shall be those which grow well in Ukiah's climate without extensive irrigation. Native species are strongly encouraged. C. All landscape plantings shall be of sufficient size, health and intensity so that a viable and mature appearance can be attained in a reasonably short amount of time. EXHIBIT "A" ORDINANCE NO, Page13of 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 D. Deciduous trees shall constitute the majority of the trees proposed along the south and west building exposures; non-deciduous street species shall be restricted to areas that do not inhibit solar access. E. Parking lots with twelve (12) or more parking stalls shall have a tree placed between every four (4) parking stalls within a continuous linear planting strip, rather than individual planting wells, unless clearly infeasible. Parking lot trees shall primarily be deciduous species, and shall be designed to provide a tree canopy coverage of 50% over all paved areas within ten years of planting. Based upon the design of the parking lot, a reduced number of trees may be approved through the discretionary review process. F. Parking lots shall have a perimeter planting strip with both trees and shrubs. G. Parking lots with twelve (12) or more parking stalls shall have defined pedestrian sidewalks or marked pedestrian facilities within landscaped areas and/or separated from automobile travel lanes. Based upon the design of the parking lot, and the use that it is serving, relief from this requirement may be approved through the discretionary review process. H. Street trees may be placed on the property proposed for development instead of within the public right-of-way if the location is approved by the City Engineer, based upon safety and maintenance factors. I. All new developments shall include a landscaping coverage of 20 percent of the gross area of the parcel, unless based upon the small size of a parcel, it would be unreasonable and illogical. A minimum of fifty percent (50%) of the landscaped area shall be dedicated to live plantings. J. Landscaping Plans shall include an automatic irrigation system, and Lighting Plan. K. All required landscaping for residential development projects shall be adequately maintained. EXHIBIT "A" ORDINANCE NO. Page14of 22 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 L. All healthy existing mature trees on development project sites shall be preserved and incorporated into the proposed landscaping plan, if feasible. M. The Planning Director, Zoning Administrator, Planning Commission, or City Council shall have the authority to modify the required elements of a Landscaping Plan depending upon the size, scale, intensity, and location of the development project. 9038: DETERMINATION OF APPROPRIATE USE BY PLANNING DIRECTOR: VVhenever a use is not listed in this Article as a use permitted by right or a use subject to a Use Permit in the R-2 Zoning District, the Planning Director shall determine whether the use is appropriate for the zoning district, either as of right or subject to a Use Permit. In making this determination, the Planning Director shall find as follows: A. That the use would not be incompatible with other existing or allowed uses in the R-2 Zoning District: B. That the use would not be detrimental to the continuing residential development of the area in which the use would be located; and C. That the use would be in harmony and consistent with the purpose of the R-2 Zoning District. D. In the case of determining that a use not articulated as an allowed or permitted use could be established with the securing of a Use Permit, the Planning Director shall find that the proposed use is similar in nature and intensity to the uses listed as allowed uses. EXHIBIT "A" ORDINANCE NO. Page15of 22 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 CHAPTER 2 ZONING ARTICLE 5. REGULATIONS IN HIGH DENSITY RESIDENTIAL (R-3) DISTRICTS SECTION: 9045: 9046: 9047: 9048: 9049: 9050: 9051: 9052: 9053: 9045: Purpose and Intent: Allowed Uses Permitted Uses Building Height Limits Required Site Area Required Yard Setbacks Required Parking Additional Requirements Determination of Appropriate Use PURPOSE AND INTENT: The purpose of the "R-3" Zoning District is to implement the General Plan policies for high density residential areas as a transition zone between Iow and medium density residential and commercial land uses with the emphasis upon residential uses. It is intended to provide opportunities for a mix of multiple family residential development and Iow intensities commercial land uses. The R-3 Zoning District is consistent with the HDR (High Density Residential) General Plan Land Use Designation. 9046: ALLOWED USES: The following uses are allowed in High Density Residential (R-3) Districts: A. Single-family dwellings, duplexes, condominiums, apartment houses, and rooming or boarding houses. B. Accessory buildings and accessory uses. This shall not be construed as permitting any business use or occupation other than those specifically listed herein. C. Community Care Facility, which provides service for six (6) or fewer persons, with the residents and operators of the facility being considered a family. D. Small Family Child Day Care Home, which provides care for eight or fewer children, including children under the age of ten years who reside at the home. EXHIBIT "A" ORDINANCE NO. Page16of 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 E. Home Occupations (as defined in Section 9301). F. Manufactured Homes certified under the National Manufactured Home Construction and Safety Standards Act of 1974 (42 U.S.C. section 5401, et seq.) are allowed on individual residential parcels subject the following regulations: 1. Foundation System: The manufactured home shall be attached to a permanent foundation system approved by the City Building Official and designed and constructed pursuant to section 18551 of the State Health and Safety Code. 2. Utilities: All utilities to the manufactured home shall be installed pursuant to City standard practices and policies. 3. Permits: All applicable building, site development, and encroachment permits associated with development of residential property shall be secured prior to any on-site construction. G. Public or private parking lots for automobiles, when the property is adjacent to any C-N, C-1, or C-2 district, or if required to accompany any new land use. 9047: PERMITTED USES: The following uses may be permitted in High Density Residential (R-3) Districts subject to first securing a Use Permit: A. Dwelling groups. B. Mobile home parks. C. Professional offices. D. Rest homes, hospitals, pharmacies, and community care facilities serving more than six (6) persons, but not more than twelve (12) persons. E. F. G. H. Hotels, motels, and Bed & Breakfast establishments. Florist. "Mom and Pop" convenience grocery stores, delicatessens, bakeries, and coffee shops. Nursery schools and large family child day care homes for a minimum of seven (7) to EXHIBIT "A" ORDINANCE NO. Page17of 22 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 fourteen (14) children inclusive, including children under the age of ten (10) years who reside at the home. I. Barber shops, beauty shops. J. Coin operated laundromat K. Video rentals/sales L. Parks, community gardens, and playgrounds. M. churches, chapels, and other places of religious assembly. N. Public buildings 9048: BUILDING HEIGHT LIMITS: The following shall be the maximum limits for height of buildings in High Density Residential (R-3) Districts: A. For main buildings a maximum height of forty feet (40'), unless abutting an R-1 or R-2 lot in which case a maximum height of thirty feet (30'). B. For accessory buildings, a maximum height of thirty feet (30') or the maximum height of the main building whichever is less. 9049: REQUIRED SITE AREA: In High Density Residential (R-3) Districts the required building site area shall be as follows: A. For each building or group of buildings a minimum of six thousand (6,000) square feet in area and a minimum width of sixty feet (60') on interior lots; a minimum of seven thousand (7,000) square feet in a area and a minimum width of seventy feet (70') on corner lots. B. For each family unit intended to occupy any building or group of buildings on such building site area there shall be at least one thousand five hundred (1,500) square feet of site area. C. For each mobile home park a minimum of two (2) acres. 9050: YARDS REQUIRED: In High Density Residential (R-3) Districts, yards shall be required in the following minimum widths: EXHIBIT "A" ORDINANCE NO. Page18of 22 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 A. Front: (25') for garages. B. Sides: C. D. fifteen feet for dwellings and accessory structures, and twenty five feet five feet (5'), except as provided in Section 9032 (A). Rear: ten feet (10'). On corner lots, there shall be a front setback line of fifteen feet (15') on each side of the property facing a street. Except in cases where fifty percent (50%) of the same side of the block is already built out, then the average setback shall apply. D. Special Yards and Distances Between Buildings: Minimum widths shall be as follows: 1. The distance between any buildings in any dwelling group shall be a minimum of ten feet (10') for single-story structures and fifteen feet (15') if one or more of the structures is taller than a single-story. 2. Any side yard providing vehicular access to single-row dwelling group shall have a minimum width of twenty feet (20') for one-way access and twenty-five feet (25') for duel access. 3. Any Inner court providing vehicular access to double-row dwelling group shall have a minimum width of twenty feet (20'), and a minimum width of twenty-four feet (24') if bordered by parking stalls. 9051: PARKING REQUIRED: The minimum parking required in High Density Residential (R-3) Districts shall as follows: A. Single-Family Dwellings: Two (2) on-site independently accessible parking spaces for each dwelling unit. B. Duplexes: Two (2) on-site independently accessible parking spaces per unit. C. Multiple-Family Dwellings and Condominiums: One (1) on-site independently accessible parking space for one (1) bedroom units; two (2) on-site independently accessible parking spaces for two (2) or more bedrooms per unit. EXHIBIT "A" ORDINANCE NO. Page19of 22 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 D. All other allowed or permitted uses shall be subject to the parking requirements contained in Section 9198. E. Each required off-street parking space or garage space for multiple family residential uses shall be a minimum of nine feet (9') in width and nineteen feet (19') in depth. Thirty percent (30%) of the parking stalls in a parking lot with ten (10) or more stalls shall be compact sized (eight feet (8') in width and sixteen feet (16') in length). F. Each required off-street parking space or garage space for multiple family residential uses shall open directly onto a driveway or aisle and be designed to provide safe and efficient ingress and egress for vehicles accessing such parking space. The maximum width for such driveways shall be twelve feet (12') for single-wide driveways, and twenty feet (20') for double- wide driveways and access lanes to parcels with no street frontage. G. All driveways on corner lots shall be located a minimum distance of 20 feet from the curb return. H. Relief from the parking requirements in the R-3 Zoning District may be approved through the discretionary review process, provided a finding is made that a reduced number of spaces would not adversely impact the heath, safety, and general welfare of the public. 9052: ADDITIONAL REQUIREMENTS: A. All new construction, exterior modifications to existing buildings or on-site work shall require a site development permit pursuant to Section 9261 (B). C. All development projects in the R-3 Zoning District requiring discretionary review shall include a proposed Landscaping Plan commensurate with the size and scale of the proposed development project. Landscaping Plans shall be submitted as a required component of all Site Development and Use Permits at the time of application filing. 1. All proposed Landscaping Plans shall comply with the following standards: A. Landscaping shall be proportional to the building elevations. EXHIBIT "A" ORDINANCE NO. Page20of 22 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 B. Landscape plantings shall be those which grow well in Ukiah's climate without extensive irrigation. Native species are strongly encouraged. C. All landscape plantings shall be of sufficient size, health and intensity so that a viable and mature appearance can be attained in a reasonably short amount of time. D. Deciduous trees shall constitute the majority of the trees proposed along the south and west building exposures; non-deciduous street species shall be restricted to areas that do not inhibit solar access. E. Parking lots with twelve (12) or more parking stalls shall have a tree placed between every four (4) parking stalls within a continuous linear planting strip, rather than individual planting wells, unless clearly infeasible. Parking lot trees shall primarily be deciduous species, and shall be designed to provide a tree canopy coverage of 50% of all paved areas within ten years form planting. Based upon the design of the parking lot, a reduced number of trees may be approved through the discretionary review process. F. Parking lots shall have a perimeter planting strip with both trees and shrubs. G. Parking lots with twelve (12) or more parking stalls shall have defined pedestrian sidewalks or marked pedestrian facilities within landscaped areas and/or separated from automobile travel lanes. Based upon the design of the parking lot, and the use that it is serving, relief from this requirement may be approved through the discretionary review process. H. Street trees may be placed on the property proposed for development instead of within the public right-of-way if the location is approved by the City Engineer, based upon safety and maintenance factors. I. All new developments shall include a landscaping coverage of 20 percent of the gross area of the parcel, unless based upon the small size of a parcel, it would be unreasonable and illogical. A minimum of fifty percent (50%) of the landscaped area shall be dedicated to live plantings. EXHIBIT "A" ORDINANCE NO. Page21of 22 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Lighting Plan. J. Landscaping Plans shall include an automatic irrigation system, and K. All required landscaping for commercial development projects shall be adequately maintained. L. All healthy existing mature trees on development project sites shall be preserved and incorporated into the proposed landscaping plan, if feasible. M. The Planning Director, Zoning Administrator, Planning Commission, or City Council shall have the authority to modify the required elements of a Landscaping Plan depending upon the size, scale, intensity, and location of the development project. 9053: DETERMINATION OF APPROPRIATE USE BY PLANNING DIRECTOR: Whenever a use is not listed in this Article as a use permitted as of right or a use subject to a Use Permit in the R-3 Zoning District, the Planning Director shall determine whether the use is appropriate for the zoning district, either as of right or subject to a Use Permit. In making this determination, the Planning Director shall find as follows: A. That the use would not be incompatible with other existing or allowed uses in the R-3 Zoning District: B. That the use would not be detrimental to the continuing residential development of the area in which the use would be located; and C. That the use would be in harmony and consistent with the purpose of the R-3 Zoning District. D. In the case of determining that a use not articulated as an allowed or permitted use could be established with the securing of a Use Permit, the Planning Director shall find that the proposed use is similar in nature and intensity to the uses listed as allowed uses. EXHIBIT "A" ORDINANCE NO. Page22of 22 AGENDA SUMMARY ITEM NO.' 6g DATE' APRIL 15, 1998 REPORT SUBJECT: AWARD OF CONTRACT TO FERRANTI CONSTRUCTION FOR THE CONSTRUCTION OF ADA CURB RAMPS, PHASE 2, SPECIFICATION NO. 97-17 IN THE AMOUNT OF $27,497.00 AND APPROVAL OF BUDGET AMENDMENT. In response to the City's Notice Inviting Bids dated March 16, 1998, the City Clerk received and opened five (5) bids on April 7, 1997, for the construction of ADA curb ramps at various locations within the City, primarily near Yokayo School. The locations of the proposed nine (9) ramps are shown on the attached site location map. The lowest responsible bidder is Ferranti Construction of Redwood Valley with a total bid amount of $27,497. The Engineer's Cost estimate is $28,830.75. Bid Summary results are provided on the attached Bid Tabulation Sheet. CONTINUED ON PAGE 2 RECOMMENDED ACTION: 1. Authorize budget amendment to establish revenue (340.0600.490.013) and expense (340.9649.250.200) accounts for the receipt and expenditure of $22,080 from MCOG for the project. 2. Award bid to Ferranti Construction for the Construction of ADA Curb Ramps, Phase 2, Specification No. 97-17 in the amount of $27,497. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject all bids and direct Staff to downsize and re-bid project or not proceed with project. Appropriation Requested: Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Rick H. Kennedy, Director of Public Works/City Engineer Rick H. Kennedy, Director of Public Works/City Engineer Candace Horsley, City Manager I , 2. 3. 4. 5. Bid Tabulation Sheet. Bid Proposal from Ferranti Construction. March 10, 1998 Memorandum to City Manager. Budget Amendment Worksheets. Vicinity Map of Site Locations. Candace Horsley, Cit~ Manager , R: 1 \F~N:kk AFERRANTI.3 Award of Contract to Ferranti Construction for the Construction of ADA Curb Ramps, Phase 2, Specification No. 97-17, in the Amount of $27,497.00 and Approval of Budget Amendments April 15, 1998 Page 2 Funds in the amount of $22,080 were awarded to the City for this project on August 4, 1997 by Mendocino Council of Governments from the MCOG's Bicycle and Pedestrian Program. It is proposed that the balance of funds needed for project construction be taken from sidewalk/curb and gutter replacement funds in Account No. 303.9631.250. A total of $25,000 has been budgeted in Account No. 9631 for the replacement of curb and gutter damaged by street trees. Staff believes it to be very appropriate that monies from this account also be available to fund the required ADA curb ramps. As explained in the March 10, 1998 memorandum to the City Manager, the original project as submitted to MCOG included eight ramps. During the preparation of the drawings and specifications, Staff added a ninth location which had been requested by the Indian Senior Center in December, 1996. The requested location is 425 North State Street and, as discussed by the Traffic Engineering Committee, a wheelchair ramp at the east side of State Street at Henry Street will be included in the next wheelchair ramp project. Unfortunately, Staff failed to add this location in its second application submitted to MCOG for consideration, however, it is noted that the City's funding request of $24,000 was reduced and approved at $22,080 because of the limitation of funds available for the two projects selected for funding. Although it was proposed that a portion of the requested funds from MCOG be utilized for engineering and inspection, it is permissible that all the awarded funds be utilized for construction. The design and inspection has and will be performed by City forces at no additional expense to the Public Works budget units. If the bid is awarded, compensation for the performance of the work will be based on unit prices bid for contract item quantities actually installed. Bid totals are based on unit prices bid for contract items at estimated quantities and, therefore, the actual total paid to the contractor may be lower or higher than the bid total indicated. As with all construction projects there are cost overruns by reason of unforeseen work or because actual quantities installed exceed estimated quantities. Policy Resolution No. 13 authorizes the responsible Department Head with approval of the City Manager to issue Change Orders not to exceed 10 percent of the original contract sum or $5,000 whichever is greater provided that no change exceeds the amount budgeted for the project. To allow for potential differences in the contract quantities installed from the estimated quantities and the potential for Change Orders, it is recommended that an allowance of $5,000 be set aside for this project in addition to the total bid amount. Therefore, $10,417 from Fund No. 303.9631.250.000 will be designated for the ADA project to make up the balance of the monies needed to construct the project. To complete the necessary accounting, an internal transfer of this amount will be made to Account No. 303.9649.250.200. It is requested that the budget amendment be approved for the receipt and expenditure of funds from MCOG in the amount of $22,080, and the bid be awarded to Ferranti Construction in the amount of $27,497 for ADA Curb Ramps, Phase 2. RHK:kk R: 1 \PW AFERRANTI.3 CITY OF UKIAH MENI~CINO COUNTY, CALIFORNIA PROPOSAL FOR ADA CURB RAMPS NEAR SCHOOLS, PHASE 2 Specification No. 97-17 The undersigned, as bidder, declares that he or she has examined thoroughly all of the contract documents herein contained, that this proposal is made without collusion with any other person, fu'm or corporation and that all laws and ordinances relating to the interest of public officers in this contract have been complied with in every respect. AND he or she proposes and agrees, if this proposal is accepted, 1) that he or she will contract with the City of Ukiah, Mendocino County, California, in the form of the copy of the agreement herein contained a) to provide all necessary machinery, tools, apparatus and other means of construction; b) to furnish all materials; c) to provide all superintendence, overhead expenses and all labor and expenses of whatever nature necessary to complete the job in conformity with the specifications and drawings and other contract provisions herein or reasonably implied hereby or as necessary to complete the work in the mariner and within the time named herein and according to the requirements and to the reasonable satisfaction of the City Engineer; 2) d)' to pay all charges of freight transportation and hauling; that he or she inderrmifies the City against any loss or damage arising from any act of the undersigned as Contractor; and 3) that he or she will accept as full payment therefor the following sums: C:\projects\streetskada.ramp~ada.ph2.SlX: 45 Spec. No. 97-17 / ITEM NO. . QUANTITY 129 LF 291 LF BIDDING SCHEDULE DESCRIl:rI2ON AND UNIT PRICE BID in writing and in figures Saw Cut Concrete Sidewalks, Curb and Gutter and Valley Gutters for a price per linear foot of · Saw Cut Asphalt Concrete for a price per linear foot of EXTENDED AMOUNT FOR ITEM 8 q. O0 , 270 LF ' o 1330 SQFT Remove PCC Curb and Gutter for a price per linear foot of Remove PCC Sidewalk for a price per square foot of ! ? Spec. No. 97-17 C: \projects\streetskada-ramp~ada.ph2. SlX: 5. 60 SQFT Remove PCC Valley Gutter for a price per square foot of 6. 388 SQFT Remove Asphalt Concrete Pavement for a price per square foot of 7. 26~ LF Concrete C~b ~md Gutter for a pric~ per linear foot of 8. 150 SQFT Concrete Mallet, Gutter for a pric~ per square foot of ~. 1329 S~FT Co~crete Sidewalk ~d ~l¢~r Ramps for ~ price per square foot of C:\projects\streets~ada-ramp~ada-ph2. SlX: 47 Spec. No. 97-17 10. 394 SQFT Type B Asphalt Concrete Pavement for a price per square foot of 11 2 EACH Fire Hydrant Relocation for a price each of $ ~, bO0, Oo 'rOT~L BID In case of discrepancy between words and figures, the words shall prevail. Sp~¢. No. 97-17 C: \proj~ets\str~ts~ada-ramp~ada.ph2. SlX: We, the undersigned, further agree, if this proposal shall be accepted, to sign the agreemem and to furnish the required bonds with satisfactory surety, or sureties, within fifteen (15) calendar days after written notice that the contract is ready for si~ature; and, if the undersigned shall fail to contract, as aforesaid, it shall be understood that he or she has abandoned the contract and that, therefore, this proposal shall be null and void and the proposal guaranty accompanying this proposal, or the amount of said guaranty, shall be forfeited to and become the property of the City. Otherwise, the proposal guaranty accompanying this proposal shall be returned to the undersigned. Witness our hands this day of ~'~a~ f g.. ~ Licensed in accordance with an act providing for the registration of Contractor's License No.~C~5"X'"'q'3 , expiration date/~ ~,~ / - ?'~' . THE CONTRACTOR'S LICENSE NUMBER AND EXPIRATION DATE STATED HEREIN ARE MADE UNDER PENALTY OF PERJURY. Signature of bidder or bidders, with business addresses: Notice: In the case of a corporation, give below the addresses of the principal office thereof and names and addresses of the President, Secretary, Treasurer. C: \projects\streets\ada-ramp~ada-pb.2. six: 49 Spec. No. 97-17 .... I ............. !J.?~! FAIR EMPLOYMENT PRACTICES CERTWICATION TO: The undersigned, in submitting a bid for performing the following work by Contract, hereby certifies that he or she has or will meet the standards of affirmative compliance with the Fair Employment Practices requirements of the Special Provisions contained herein. ADA CURB RAMPS NEAR SCHOOLS, PHASE 2 Specification No. 97-17 (Signature of Bidder) Business Mailing Address: Business Location: (The bidder shall execute the certification of this page prior to submitting his or her proposal.) C:\projects\streets\ada-ramp\ada-ph2.spc Spec. No. 97-17 WORKER'S COMPENSATION CERTIFICATE I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or undertake self-iasurance ia accordance with the provisions of that code and I will comply with such provisions before commencing the performance of the work of this contract. Witness my hand this ~ ~ day of /t]/,o£j'~ , 199 ~ Signature of Bidder, with Business Address: C: \projects\streets~ada-rampXada-ph2. spt 53 Spec. No. 97-17 CERTIHCATION OF NONDISCRIMINATION IN EMPLO~ The bidder represents that he or she has/has not, participated in a previous contract or subcontract subject to either the equal opportunity clause herein or the clause contained in Section 30I of Executive Order 10925; that he or she has/has not, fried all required compliance reports; and that representations indicating submission of required compliance prior to subcontract awards. Signature and address of Bidder: Date ~,~ (This certification shall be executed by the bidder in accordance with Section 60-1.6 of the Regulations of the President's Committee on Equal Employment Opportunity for implementing Executive Orders 10925 and 11114.) C:\projects\streets\ada-ramp~ada-ph2.slx: 55 Spec. No. 97-17 LIST OF PROPOSED SUBCONTRACTOlZR Ia compliance with the provisions of Sections 4100-4108 of the State Govemmem Code and any amendments thereof, each bidder shall set forth (a) the name and location of the place of business of each subcontractor who will perform work or labor or render service to the Contractor in or about the construction site in an amount in excess of one-half of 1 percent of the total bid and 0a) the portion of the work to be done by each subcontractor. C:\projects\streets\ada-ramp\ada-ph2.spc 57 Spec. No. 97-17 STATEMENT OF EXPERIF,,NCE OF BIDDER The bidder is required to state below what work of similar magnitude or character he or she has done and to give references that will enable the City Council to judge of his or her experience, skill and business standing and his or her ability to conduct work as completely and rapidly as required under the terms of the contract. c: \proj ccts\streets\ada-rampbada-ph2, spc 59 Spec. No. 97-17 SIGNATURE(S) OF BIDDER Accompanying this proposal is ~"/~/j~i5 /~o~ ~/ (insert the words 'cash ($)', 'cashier's check" or "bidder's bond", as the case may be) in an amount equal to at least 10 percent of the bid. The names of all persons interested in the foregoing proposal as principals are as follows: IMPORTANT NOTICE: If bidder or other interested person is a corporation, provide the legal name of corporation and also the names of the president, secretary, treasurer and manager thereof. If a co- partnership, provide the true name of firm and also the names of all individual co-partners composing the firm. If bidder or other interested person is an individual, provide the first and last names in full. Licensed in accordance with an act providing for the registration of Contractors: License No. ~;~ ff~'~'9~% ) d / NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a co-parmership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts in behalf of the co-parmership; and if bidder is an individual, his or her signature shall be placed above. If a member of a partnership, a Power of Attorney must be on file with the Department prior to opening bids or submitted with the bid; otherwise,, the bid will be disregarded as irregular and unauthorized. Business address: Place of residence: Dated C:\projects\streets\ada-rampXada-ph2. spc 61 Spec. No. 97-17 // ,[AMERICAN CONTRACTORS INDEMNITY COMPANY 9841 AIRPORT BOULEVARD, SUITE 916, LOS ANGELES, CALIFORNIA 90045 (310) 649-0090 BOND NO. 33389-5 PREMIUM RR ~'l"r BID DATE: 4-7-98 BID BOND KNOW ALL MEN BY THESE PRESENTS, That we, Ferranti Construction (hereinafter called Principal), as Principal, and AMERICAN CONTRACTORS INDEMNITY COMPANY, a corpor . organized and existing under the laws of the State of California and authorized to transact a general surety business i; State of California ' ' (hereinafter called Surety), as Surety, are held and firmly bound unto City of Ukiah (hereinafter called Obligee) in the penal sum of Three Thousand and No/100 ten . percent ( 10 %) not to exce Dollars ($ 3,0 (3 (3. n n for the payment of which the principal and the Surety bind themselves, their heirs, executors, administrators,' succes and assi.gns, jointly'and ~severa~ly, iJrmly by these p. resentS.. ' - THE CONDITION OF THIS OBLIGATIOI~ IS SUCH, That, whereas the Principal h;s submitted or is about to subml proposal to the.Obligee on a contract for ADA ~.urb Ramps - NOW, THEREFORE,. if the said contract be awarded to the Principal and the Principal shall, within such time as ma)' · o specified, enter into the contract in writing, and give bond, with-surety acceptable to' the Obligee for the fait! performance of the said contract; or if the Principal shall fail to do so, pay the Obiigee the damages which the Obligee suffer by-reason of 'such failure not exceeding the penalty of' this bo-ndi' then this obligation shall'be vol;d; otherwis~ remain in full force and effect. ' .. . SlGNED,.SEALED AND bATED THIS 2nd - DAYOF ' April ' ,1998 · ' -Ferranti C6ns~ruotion · . Princi ., . CONTRACTORs IND F~MiN/TY Nancy.. ., Waliis A~torney-!n-F CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT On April 2, 1998 · ~ · - Dale 'personally appeared Nancy L,.' 9ersonally khown to me - OR ..--. .-".~ COMM. #1067703 ~ ~~~ ~MA COUN~ - ~ ~ My C~m. Expires Aug. 3, lg~ County of Sonoma beforeme. Pamela D. Puskarich, Notary Public. NaMe and T~tle of Officer (e.g.. 'jane Doe Notary Pul)h(:') Wallis .. Name(s) Of S,gner($) ~ personally khown to me - OR - -- proved to me on the' basis of satisfactory evidence to b~ th~ person(s) whose name(s) is/are subscribed to the within instrument. and acknowledged to me that he/she/they executed the · same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrucnent the person(s), or the entity upon behalf of which 'the person(s) acted, executed the instrur~ent. - WITNESS .my hand and official seal. s~gnature o~ Notary Puotic OPTIONAL Though the information below is not required by. law. it may prove va!uable 'to persons relying on tDe document and could prevent fraudulent removal and rearac,hment Jf this form to another document. Description of Attached Document Title or Type of Document'.' ' Document Date: April 2, 1998 Number of Pages: Signer(s~ Other Than Named Above: None Capacity(les) Claimed by Signer(s) Signer's Name: Nancy L. Wallis -- individual . Signer's Name: -Individual r- Corporate-Officer Title(s): -- Partner--~ bimited ¢--.' General ~ Attorney-in-Fact '-- Trustee -- Guardian or Conservator - Corporate Officer -- Other: , To~ of [bumb he,e '"- Other:. To~ of mumb ne,e ),.~ , Signer Is Representing: Signer Is Representing: . 1994 Naho~al Notary Assoc,af~on - 8236 Remmel Ave.. P.O. Box 7~84 · Canoga Park. CA 9~309-?t84 Prod. No 5907 Reorder: Call Toll-Free 1-800-876-682;' ,,? 2.. Title(s): , - Partner.~ ~ Limited ~ General ~.' Attorney-in-Fact - Trustee - Guardian or Conservator AMERICAN CONTRACTORS INDEMNFI'Y COMPANY Los Angeles, Californla POWER OF ATI'ORNEY KNOW Al.l. MEN IiY TIIESE I'RESENTS: That AMERICA24 CONTRACTORS INDEMNITY COMPANY, a Califomi Corporatio~ (t},c 'Cotnpat~y'). and lmvi~g its principal office in Los Angeles. California docs l~ereby constitute and appoint: Nancy L. Wal!is of Santa Rosa, California as its true and lawful Attornc~s}-in-fact, in amountof $-! ;9_00;'000-00to execute, Zeal and deliver for ar{d on ils behalf as surety.-iny and all bonds at~d undertakings, recognizances, contracts of indemnity and oilier writings obligatory in the nature tl~crcof, wl~icl~ arc or may be allowed, required or permIlted by law, statute, rule, regulation, contract or other,,~ise, and the execution of sucl~ instrument(s) in pursuance of these prescx~ts, shall be as binding upon the said AMERICAN CONTRACTORS INDEMNIT'Y COMPb~Nry, as fully and amply, to all intents and purposes, as if the same had l~,en duly executed axed ackno,,,.,let, lged by its ~larly elected officers at its principal office. ' Tl~is Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of resolutions adopted by tl~e Board of Directors of AMERICAN CON'I'RACTORS INDEMNITY COMP)kN'Y, at a meeting' calIed and held on tile 6thday of December, 1990. . RESOLVED tltat the Chief Executive Officer, President or any Vice President, Execx~tive Vice President, Secretary or .assistant Secretary, sl~all l~ave power and authority. I. 'Fo ap~in/Atlomc~SMn.fa~ and to auO~o~ ~m to~te on ~l~fof I1 ~cmto, ~n~ and u Mca~%~, ~n~ of iMea 2. To remove, at any time. any such Attorney-in-fact and revoke ~c authority-~vcn. HI']SOI.VED I"URTIIER. tidal t!lc sigma/ore of such orri~rs and the seal of the Con~pany ~ay be afrix~ to any such power of attorrmv or any ~ificate relating tl~e~o by fa~imile, and any such p~wer of attorney or ~iticate ~a~ng such facsimile si~aturcs or facsrnilc seal slu~ll ~ valid and binding' upon the Company and any sucI~ power so exe~t~ and ce~ifi~ by facsit~ile signatures and facsimile seal ~all ~ valid and binding upon tls Con~pany in/l~e future ~th re~ect to any bon~ or undBr/akit~g to wlticI~ ti i5 ailaclmd. IN ~VI'I'NESJ ~VI'I ER EOF, ~M E R I~MN' CO,N~~RS INDEMNI2T COM P~N~' has cat,sod this instrument to be si~ and ils cBo~pora/c seat to b6 affixed by its aulhoriz~ officer this 1 day or March 1D STATE OF CALIFOIINIA COUN'TY OF LOS A.N'GEI.ES ~ A.M lC R I C~.~I'O RS IN DEMNITY CO M PA.,\"Y .. ........... '_ . Skipper G. BaunffgaYc~n, President / ~ March 1, 1996 beforeme. D~borah Reese .personallyappearc-d Skipper G. Baumgarten ~'oers'onally known 1o rn-e - OR -~ proved to me on !he basis of satisfaclo~ evidence to ~ the person(s).whose name(s) is/are subscrib~ to tim will,in ir~tmment and acknowl~g~ to me that helshe/they execuled lhe iame ia his/her/lheir authorized capacily(ies), nr~d tl~a/ by }~is/l~er/ll~eir signature(s) on the instrument tim person(s), or the entity ~pon ~half of which l~crsou(s) actc~[, executed tl~e insf~mcnl. ~ ~~/ LOS A~aS COUNW g-. CEI{TIFI~'I'~ON ~ ~ ~C~m. ~J~ 16. 1~ ~ . t~r~<tcr~ig~c(t officer ()f ~M I';H~N C'O,~I'~C'I~t{S INDEMNI'I~ COMI'~%NY (1o ltcruby-ccrli[y thai [ l)avc co~nparcd [orugni~,g c()t)>' of tiro Pow'~r ()[ Allon]cy and affidavit, aa(l lite copy 6[ ~lte resolulior] a(toi)lcd by II~c Uoard of Directors o[ said Co~l[);tr~y ax' s(r[ fortl~ i~ sai(l l'owcr or Al~or~ey. will~ tl~c ORIGINA~ ON FILE IN 'rl~K I[OME OFFICE OF S~D COM ~,n~'. II,al s;~i,~t: arc correct lrattscripls l]~oreof ntld Or tim wltole of tl~e said origfit~als, an~t II,at II~e said Power of Attorney has bcci~ rcvuk,~ a~d is r~ow ii~ full force and effect.' ' [NTlCS'I'I,M(JN~'~Vi[IdRI.;()F. i }~nve J~evtir~losel ~y I~:lt~(l I]~is 2nd d,,yor ~pril ...... · ............................................. .. ', NON-COLLUSION AFFIDAVIT Note: Bidder shall execute the affidavit on this page prior to submitting his or her bid. To City Council, City of Ukiah: The undersigned in submitting a bid for performing ADA CURB RAMPS NEAR SCHOOLS, PHASE 2 by contract, being duly sworn, deposes and says: that he or she has not, either directly or indirectly, entered into any agreement, participamd in any collusion, or otherwise taken any action in restraint of free competitive bidding ia connection with such contract. Business Address' Place of Residence: NOTARIZATION Subscribed and sworn to before me this 7''v'/f day of .~.~Z , 19 2~, Notary Public in and for the County of .... _ _ · State of California. My Commission Expires '~' II~-NOOClNO COUNTY --' _{; M~ Commission Exp. May 25. ' ag.q [ · C: \projects\streetsXada-rampXada-ph2. spc 65 Spec. No. 97-17 DATE: March 10, 1998 TO: Candace Horsley, City Manager FROM' Rick H. Kennedy, Director of Public Works/City Engineer RE: POTENTIAL FUNDING UNDERRUN FOR BIKE AND PEDESTRIAN PROJECT SUMMARY Your support to utilize sidewalk/curb and gutter replacement funds in Accounts 303.9631.250 or 303.9632.250 to augment a potential shortage of Mendocino County of Governments (MCOG) funds for the construction of the ADA ramp, Phase II Project is requested. We need your response no later than Friday, March 13. SUMMARY The Mendocino Council of Governments (MCOG) approved funding for the City of Ukiah's 1997/98 Bike and Pedestrian project in the amount of $22,080. The original project involved the construction of ADA curb ramps at eight (8) locations of which seven (7) are near or along routes to school. The eighth ramp is at a location which was brought to our attention by the Mayor. During the preparation of the drawings and specifications, we added a ninth location which had been previously requested by the Indian Senior Center in December, 1996. The requested location was 425 North State Street, and as was discussed by the Traffic Engineering Committee, a wheelchair ramp at the east side of State Street at Henry would be included in the next wheelchair ramp project. Staff neglected to add this location in its second submittal of Phase II project to MCOG, for funding consideration. The cost for the nine (9) ramps is estimated at $28,830 based on unit prices bid for Phase I. We estimate the ramp at State and Henry (location #9) to cost $3,400 and the ramp at South Main at Stephenson (location #7) to cost $4,965. We estimate that the average or typical ramp (location #8) will cost $2,744. At the time of our funding reapplication to MCOG for the Phase II project, we had estimated a cost of $2,400 per ramp. According to the otheragency applicants, Ukiah may have the highest unit cost for ADA ramps (perhaps more difficult site conditions). Candace Horsley March 10, 1998 Page 2 We can either downsize our project to stay within or close to the approved MCOG funding level of $22,080 or add City funds to construct all nine (9) locations. If we are to downsize the project, I would recommend eliminating the most expensive ramp (location #7). Estimated project cost for the remaining seven (7) ramps would be $23,865; we would need an estimated ~1,785 of City funds. If we maintained the current project effort, we would need an additional ,~6,750. I propose that we utilize funds in Account 303.9632.250 or 303.9631.250 already approved for sidewalk/curb and gutter replacement for either scenario. I recommend that we construct as many ramps as possible and stay with the nine (9) locations presently indicated in the plans and specifications. With your concurrence, we will finalize the contract documents no later than this Friday for reproduction next week. Notices to contractors are scheduled to be mailed next Wednesday or Thursday and the first day of project advertisement is set for Sunday, March 22, 1998. Plans and specifications will be ready for pickup on Monday, March 23 with bid opening on April 7 for award on April 15. At the time of our recommendation to award, we will request the Council to authorize fund augmentation from the accounts previously mentioned, if needed. R: 1 \PW MHORSLEY.22 g3/gg/'1998 .1.0:34 70'74688398 HIaTT CONSULTING PaGE 81 March 9, 199g Rick Kennedy Director of Public Works City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 z/,6 z_off Dear Kick: This is to confirm that MCOG approved funding of your project application for Bicycle & Pedestrian funds, from the two percent of 1997/98 Local Transportation Funds dedicated to such projects. MCOG awarded $22,080 to your project, "ADA Curb Ramps Near Schools - Phase II," at the Board meeting of August 4, 1997. If there are any questions, let me know. Sincerely, Janet Orth Administrative Assistant by fax 300 SEMINARY AVE., UKIAH, CA 95482-5400 · ADMIN. 707/463-6200 · PUBLIC SAFE'I~ 463-6242/6274 · FAX # 707/463-6204 June 10, 1997 Ms. Janet Orth Mendocino Council of Governments 215 West Standley Street, Suite 6 Ukiah, CA 95482 RE: Bicycle & Pedestrian Application for 1997/1998 Dear Ms. Orth: Attached please find fourteen copies of the City of Ukiah's application for the subject project funding. Your favorable review of these applications will allow the City the opportunity to pursue its goal of compliance with the Americans with Disabilities Act in the construction of handicap access ramps. Thank you for your review of these applications. Please do not hesitate to contact Mr. Rick Seanor at (707) 463-6296 if you have any questions. Sincerely, Director of t~ublic Works/City/Engineer cc: file 'We Are Here To Serve" APPLICATION FOR FUNDING PEDESTRIAN and/or BICYCLE FACILITIES PROJECT Please complete each portion of the application in as much detail as possible/appropriate. 1. Project Name: ADA Curb Ramps Near Schools, Phase 2 2. Applicant: City of Ukiah 3:. Estimated Total Cost: $24;000 4. Funding Requested: $24,000 5. Other Funding, if any: (specify) NONE 6. This Form Prepared By: Rick Seanor 7. Phone Number: (707) 463-6296 8. Date: Junel0, 1997 9. Line item cost estimate: See Attached 10. Description of project: This project will construct handicap access ramps to allow pedestrians to travel from streets to sidewalks. Construction of ramps is mandated by State and Federal programs. By funding this project, the City will be able to continue working toward its goal of completing handicap access ramps throughout the City. This project will enable the City to comply with its plan for Sidewalks, Curb Ramps and Crossings, dated February 1995, "Attachment A." A copy has been attached as reference. A copy of the City's March 1995 response to a Caltrans ADA Ramp Survey is also attached, "Attachment B." Ramp locations are shown on the attached map, marked as "Attachment C." Seven ramps are located near schools. One ramp is located in a highly traveled business area. Attach maps and/or drawings as necessary to fully describe the proposed project. City of Ukiah June 10, 1997 Bike & Pedestrian Application Page 1 9. Line item cost estimate: ADA Curb Ramps near Schools-Phase 2 1. Mendocino Drive & Dor~ Street $4,800 NW and SW corners 2. Gobbi Street & Dora Street NE corner $2,400 3. Gobbi Street & Dora Street in front of Yokayo School at crosswalks (2 each) $4,800 4. Dora Street & Luce Avenue in front of St. Mary's School at crosswalk $2,400 5. Stephenson Street & Main Street NW corner $2,400 6. Dora Street & Luce Avenue SW corner $2,400 Subtotal $19,200 10% Engineering $1,920 15% Inspection & Contract Administration $ 2,880 TOTAL $24,00O AGENDA ITEM #3 DA TE: 9-24-97 ACTION MINUTES MENDOCINO COUNCIL OF GOVERNMENTS TECHNICAL ADVISORY COMMITTEE July 23, 1997 MTA Conference Room PRESENT Dave Carstensen, Caltrans Mike Mullen, City of Willits Dave Goble, City of Fort Bragg Bruce Richard, MTA Bob Parker, County DPW Rick Kennedy, City of Ukiah ABSENT Fred Patten, City of Pt. Arena Ray Hall, County DPBS Walt Allen, Air Quality Management Dist. STAFF & GUESTS PRESENT Phil Dow, MCOG Lorctta Ellard, MCOG Janet Orth, MCOG 1. Call to Order - Phil Dow called the meeting to order at 10:10 a.m. '2. Public Expression - None. 3. 2/27/97 Minutes - Upon motion by Bruce Richard, seconded by Dave Carstensen, and carried, the 2/27/97 minutes were approved with the following correction/clarification: Page 3, last paragraph - Bruce Richard stated that his opposition to funding the ZEV prqiect was based on his opinion that the manufacturer should contribute some funding to the project. Bob Parker clarified that his opposition was due to funding the ZEV project with publ ic funds. 4. .1.997/98 Bike & Pedestrian Applications A history of bike & pedestrian funds awarded by MCOG over the past eight years was included packets and briefly reviewed. Staff advised that there is $38,244 available in 1997/98 Bike & Pedestrian funding. Dave Goble, City of Fort Bragg, reported that Fort Bragg's sidewalk installation project approved in 1995/96 in the amount of $3,206 had some problems and has been dropped, and those unclaimed funds can now be added to the amount available. Current funding was therefore revised to $41,450. The following ten applications were submitted. After a brief discussion with applicants responding to questions, 'I'AC members' individual ranking sheets were tallied to arrive at an overall score. A ranking sheet submitted by Walt Allen, Air Quality Management District Representative, who ,,vas unable to attend today's meeting, was also included in thc scoring process. The outcome of thc ra~king was as foiloxvs: TAC MINUTES 7/23/97 Page 2 Bike &Ped. Rank Applicant/Project Funds Requested Total Cost City of Ukiah ADA Curb Ramps Near Schools/Ph. II 1 $24,000 $24,000 City of Fort Bragg 5/tie Bainbridge Park Sidewalk Replacement $10,950 $10,950 8 Franklin St. Rail Handicap Crossing $10,000 $10,000 10 Police Facility Sidewalk $ 7,200 $ 7,200 9 High School Sidewalk Stadium Access $13,020 $13,020 City of Willits 2 Ph. II Sidewalk Construction (S. Main) $23,360 $23,360 City of Pt. Arena 4 School Street Sidewalk $ 3,904 $ 3,904 County of Mendocino 5/tie West Road Bicycle Lane, Ph. I $38,000 $80,250 * 7 Vichy Springs Rd. Bicycle Lane $38,000 $76,000 * MCOG 3 Ukiah Do~vntown Bike Rack Project $10,658 $12,058 * Totals $179,092 $260,742 (* total includes other funding sources) It was noted that funding the top two projects (City of Ukiah - $24,000; and City of Willits - $23,360) would result in a shortfall of $5,910 based on the $41,450 available. Rick Kennedy offered to reduce'Ukiah's project by $1,920 by not charging the engineering costs. Mike Mullen stated that Willits would also work with reduced funding if necessary. Upon motion by Dave Goble, seconded by Bob Parker, and carried, the TAC recommends that 1997/98 Bike & Pedestrian funds be awarded to ( 1 ) the City of Ukiah (ADA Curb Ramps Near Schools/Ph. II) in thc amount oF$22,080, and (2) the City of Willits (Phase II Sidewalk Construction S. Main) in the amount orS 19,370. Staff clarified that this recommendation includes the 97/98 funding ($38,244), plus the 95/96 carryover funds released by the City of Fort Bragg ($3,206). DISCUSSION/ACTION ITEMS' NEW BUSINESS NEW BUSINESS_ __ NEW BUSINESS _ a. _Request for PAL.' Kay Gerhart stated she is requesting red curbs located on either side of the driveway at 1340 South State Street, and the driveway between 1.89 and 175 Wabash, south side. The driveway at 1340 South State Street to Greeott's Brake and Wheel is very difficult to see at night when making a left-turn, northbound, from South State Street. There is no curb to full height on the north edge of the driveway. Member Harris asked is there an easement to the City south of the driveway on Wabash. Member Kennedy responded there is a 50 foot easement to the City. Member Looney stated red curb markings is to prevent parking for visual access when entering and exiting a driveway, not to be utilized to identify driveways. Member Kennedy stated dilienator markers have a reflector sheeting or buttons, and can be located behind the property line\sidewalk would identify the driveway. Vice-Chairman Dewey stated the driveway located on Wabash is very difficult to see at night. ON A MOTION by Member Turner, seconded by Member Kennedy, it was carried by the following roll call vote, that the Public Works Department furnish two dilenators, at cost, to Mrs. Kay Gerhart for 1340 South State Street, and that the Public Works Department determine the proper location of two dilenators between 189 and 175 Wabash Avenue. AYES' Member Kennedy, Looney, Harris, Turner and Vice-Chairman Dewey. NOES: None. ABSENT: Chairman Fernandez. Re uest for Disabled Parlrin S ace Located in Front of 425 North State Street Indian b. ~t and Blue Loadin Zone - DorO~ Dorothy Crabtree stated she is requesting a pedestrian ramp located at 425 North State Street, in front of the Indian Senior Center. There are problems lifting wheelchair, cane, and walker participants from the vehicle to the sidewalk due to the high curb. Member Turner advised that Ms. Crabtree brought this item before the Traffic Engineering Committee four years ago (May 12, 1992). The Committee discussed installing a handicap ramp on North State Street and Henry at the crosswalk. MINUTES OF THE TRAFFIC ENGINEERING COMMITTEE Page 2 December 10, 1996 Member Looney advised the curb in front of the Indian Senior Center is 8-1/2 inches in height. Member Kennedy advised State Street was a state highway and curbs were constructed at 8-1/2" in height. Member Looney asked if there is on-site parking and access to Center in the rear of the building. Ms. Crabtrec. responded yes, there are stairs to the rear access and are not very stable, and the participants would have to go through the kitchen. She stated she would prefer to have the participants come in the front door. Member Kennedy advised parallel handicap parking requires 9 feet for the vehicle and 5 feet for the wheelchair tbr a total of 14 feet. He stated the curb cut on State Street at Henry Street is an appropriate location for a wheelchair ramp. He also stated that Phase 2 for Bike and Pedestrian to construct wheelchair ramps at various locations was submitted to MCOG for funding and was denied. Member Turner asked what is the cost to construct a wheelchair ramp. Member Kennedy responded to construct a wheelchair ramp in accordance with ADA requirements, the cost is $1,400 to $1,600 a location to remove, cut and replace. Member Kennedy asked what is the distance of the curb face from the face of the building at that location. Member Looney responded 8 feet 9 inches. Member Harris asked how many participants require assistance. Ms. Crabtree responded 5. Discussion followed regarding a curb cut at 425 North State Street may create drainage problems during heavy rains, and construct a handicap ramp and have the participants enter through the rear access. Member Kennedy suggested that the Indian Senior Center be given special curb permits, under certain conditions, to unload/load passengers on North State Street and Henry at the crosswalk location. This would require approval from the City Council, with a copy to Public Safety. Member Harris responded special curb permits would be given to all handicapped individuals. Member Kennedy stated there is a code that allows special parking privileges to abutting property owners. Member Harris advised he is opposed to special privileges to individual situations. Member Turner advised a bus stop sign allows a vehicle to stop at a red curb, if signed as a bus stop, to load/unload passengers. MINUTES OF THE TRAFFIC ENGINEERING COMMITTEE Page 3 December 10, 1996 LLI ~ ~ E E E EE E E E Eo ~ 0 0 0 ,_ ~ ~ ~ ~ ~ ~ ~ ~i~ ~ ~ ~ ~ ~ ~ ~ 0 0 0 *~ "- ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ .... 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' 8 88 ooooo oo oo o o ~ 0 0 0 0 X 0 -- ~ ~ 0 0 0 0 0 0 0 0 0 0 0 -- ~ 0 00~0000 000 0000000000 00000 O000 X ~ ~ ~ 0000000000~ ~ ~ ~ 0 ~ 0 ~ ~oooooo~o~~omoo~-oooo~~~~o~ ~ 0 ~ O~ 0~0 ~~ ~ ~ ~ ~O~O~o~i~~ ~ooomm~~ oooooooooo o o oo o~ oooo o o ~~o~.~oooo ~000 ~ ~ ~~ ~00000 ~ ~ ~ ~ ~~0000 ~ 000~0 :::::::::::::::::::::::::::::::::~ ~ooo CITY OF LIKIAH ¥C scHOOL ~v t I ; ITEM NO. 6h MEETING DATE ADd115, 1998 AGENDA SUMMARY REPORT SUBJECT: AUTHORIZATION OF MAYOR TO SIGN LETTERS OF SUPPORT FOR STATE ASSEMBLY BILL 2586 AB 2586, authored by Assemblywoman Deborah Ortiz, would allow cities to govern the delivery of pre-hospital emergency medical services to their citizens. Currently, counties are empowered to make that decision on behalf of cities through county health departments. While some cities, such as Ukiah, have been able to operate paramedic systems because they have been "grandfathered" into the system, cities wishing to initiate this service now are prevented from doing so. The result is they must accept service levels determined by the counties. These service levels are often sub-standard because they are provided by ambulance companies whose bottom line may strictly be profits for their stockholders. AB 2586 gives cities a choice. If a city does not want to provide ambulance service itself, it can go out to bid for it. But this enables them to set performance standards which will ensure citizens receive the best level of pre-hospital care possible. It does not prohibit private companies from competing or operating, it just allows cities to set the standard of care they desire. Staff believes this legislation is very appropriate and recommends that the City Council authorize the Mayor to sign letters of support (drafts attached). RECOMMENDED ACTION: City Council to authorize Mayor to sign letters of support for AB 2586 to Senator Mike ThomDson and Assemblywoman Virginia Strom-Martin. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Request additional information on AB 2586. 2 Determine if modifications to the letter are necessary, identify changes and approve revised letter. 3. Determine support for AB 2586 is not a.Dpropdate and take no a~;ti0n. Acct. No.: N/A Acct. No.: (if NOT budgeted) Appropriation Requested: N/A Citizen Advised: N/A Requested by: Roe M. Sandelin, Acting Fire Chief ;;~L~' Prepared by: Dean Hutton, Acting Battalion Chief/EMS Coordinator Coordinated with: Candace Horsley, City Manager Attachments: Letters of support for signature APPROVED BY Can~dace I'Jo-rsley,~Ci'~ Manager 300 S~ ,,.I~VE., UKIAH, CA 95482-5400 · ADMIN. 707/463-6200 · PUBLIC SAFELY 463-6242/6274 . · FAX # 707/463-6204 · April 16, 1998 Senator Mike Thompson 50 "D" Street Santa Rosa, CA 95404 Honorable Senator Thompson: The City Council of Ukiah requests your strong support of Assembly Bill 2586 when it reaches the Senate. AB 2586, authored by Assemblywoman Deborah Ortiz, will give cities the right to determine who and how pre-hospital medical care will be delivered to its citizens. Currently, as a result of last year's "San Bernardino" decision in the State Supreme Court, counties have been given that power. The result has been that private ambulance providers have been granted de-facto monopolies. Although in many cities private providers have endeavored to do a good job, the fact is that they are driven by the profit motive. It is time to place public safety as the highest priority. Cities and fire districts need to have a choice as to how paramedic services are delivered. Here in Ukiah the fire department handles the paramedic transport service. It has the resources, the professionalism, and the desire to provide Emergency Medical Services at the highest level. The citizens of Ukiah and the local medical community strongly support the Ukiah Fire Department's system. We are among a handful of cities who have been allowed to continue this service due to a legislative technicality. For a long time City of Ukiah taxpayers have paid for a high level of training and have provided a fair level of compensation in order to assure a strong force of public safety professionals. These residents are now at risk of being told they cannot reap the rewards associated with that level of training, professionalism, and commitment. The crux of the issue is choice. If a city or district opts not to provide paramedics, then AB 2586 states the service must go out to competitive bid. Cities and districts would still have a significant voice in the final decision of service delivery. There are several cities 'We Are Here To Serve" Senator Mike Thompson Re: Support of Assembly Bill 2586 April 16, 1998 Page Two who had demonstrated superior service but have had to dismantle their paramedic programs in favor of private companies who continually cut corners to maximize profit. AB 2586 is co-sponsored by the League of California Cities, California Professional Firefighters, California State Firefighters, California Fire Chiefs Association, and the Fire District Association of California. Your support will be greatly appreciated. If you have any questions or can provide any additional information, please contact Roe Sandelin, Acting Fire Chief at 707-463-6274. Sincerely, Sheridan Malone Mayor SM:fm 300 S~~VE., UKIAH, CA 95482-5400 · ADMIN. 707/463-6200 · PUBLIC SAFETY 463-6242/6274 · FAX # 707/463-6204 · April 16, 1998 Assemblywoman Virginia Strom-Martin State Assembly District 1 104 W. Church Street Ukiah, CA 95482 Honorable Assemblywoman Strom-Martin: The City Council of Ukiah requests your strong support and possibly co-sponsorship of Assembly Bill 2586 authored by Assemblymember Deborah Ortiz AB 2586 will give cities the right to determine who and how pre-hospital medical care will be delivered to its citizens. Currently, as a result of last year's "San Bernardino" decision in the State Supreme Court, counties have been given that power. The result has been that private ambulance providers have been granted de-facto monopolies. Although in many cities private providers have endeavored to do a good job, the fact is that they are driven by the profit motive. It is time to place public safety as the highest priority. Cities and fire districts need to have a choice as to how paramedic services are delivered. Here in Ukiah the fire department handles the paramedic transport service. It has the resources, the professionalism, and the desire to provide Emergency Medical Services at the highest level. The citizens of Ukiah and the local medical community strongly support the Ukiah Fire Department's system. We are among a handful of cities who have been allowed to continue this service due to a legislative technicality. For a long time City of Ukiah taxpayers have paid for a high level of training and have provided a fair level of compensation in order to assure a strong force of public safety professionals. These residents are now at risk of being told they cannot reap the rewards associated with that level of training, professionalism, and commitment. The crux of the issue is choice. If a city or distdct opts not to provide paramedics, then AB 2586 states the service must go out to competitive bid. Cities and districts wou~d ~/1' have a significant voice in the final decision of service delivery. There are several cities Assemblywoman Virginia Strom Martin Re: Assembly Bill 2586 April 16, 1998 Page Two who had demonstrated superior service but have had to dismantle their paramedic programs in favor of private companies who continually cut corners to maximize profit. AB 2586 is co-sponsored by the League of California Cities, California Professional Firefighters, California State Firefighters, California Fire Chiefs Association, and the Fire District Association of California. Your support will be greatly appreciated. If you have any questions or can provide any additional information, please contact Roe Sandelin, Acting Fire Chief at 707-463-6274. Sincerely, Sheridan Malone Mayor SM:fm hem No. 6 i Date: April 15. 1998 AGENDA SUMMARY REPORT SUBJECT: Authorize City Manager to Execute Letter Agreement 98-SNR-98 between the Sierra Nevada region of the Western Area Power Administration and the City Ukiah for the purpose of Western providing firm and contingent excess capacity and associated energy to the City of Ukiah. REPORT: The City of Ukiah was able to obtain capacity and energy at a lower rate than through our contract with the Western Area Power Administration (Western). As a result, on January 27, 1998, the City of Ukiah gave notice to Western that we would layoff our Contract Rate of Delivery from Western as allowed in our Contract. At that time, the rate for service from Western was 30.0 mills/kwh and we could purchase the same service from the Northwest for 25.0 mills/kwh resulting in a savings of approximately $20,000 per month. Since that time, Western has agreed to sell the City of Ukiah firm capacity and energy for 16.35 mills/kwh. This agreement would be effective from April 1, 1998 through September 30, 1998. At this price, the City of Ukiah could save an additional $20,000 to $25,000 per month on our power costs. In order to get the above price the City of Ukiah needed to execute the attached Letter of Agreement by close of business on March 31, 1998. As a result, the City Manager executed the attached argeement and it was faxed to Western. However, they require an originally executed contract. Therefore, staff is informing the Council of the Agreement and requesting authorization for the City Manager to execute the original agreement. RECOMMENDED ACTION: Authorize City Manager to Execute Letter Agreement 98-SNR-25 between the Sierra Nevada Region of the Western Area Power Administration and the City of Ukiah. ALTERNATIVE COUNCIL POLICY OPTIONS: Deny Authorization. Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Coordinated with: Candace Horsley, City Manager Attachment:l) Letter Agreement Candace Ho rsley,"'Cit~Manage r Department of Energy western Area Power Administration Sierra Nevada Customer Service Region 114 Parkshore Drive Folsom, California 95630-4710 Letter of Agreement 98-SNR-25 Mr. Darryl Barnes Public Utilities Director City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 MAR 31 1998 Dear Mr. Barnes: This Letter of Agreement 98-SNR-25 is made between the Sierra Nevada Region of the Western Area Power Administration and the City of Ukiah for the purpose of the Sierra Nevada Region providing firm and contingent excess capacity and associated energy to thc City of Ukiah. The Sierra Nevada Region and the City of Ukiah agree to the following terms and conditions: o This Letter of Agreement shall become effective on April 1, 1998, and shall remain in effect through September 30, 1998. All obligations incurred under this Letter of Agreement shall be preserved until satisfied. o The Sierra Nevada Region's authorized representative for scheduling transactions shall be its pre-schedulers, who can be contacted at (916) 353-4091. For real-time transactions, the Sierra Nevada Region's authorized representative shall be its dispatchers, who can be contacted at (916) 353-2200. The authorized representative for the City of Ukiah shall be its scheduling agent (Northern California Power Agency), who can be contacted at (916) 781-4281. 3. Allocations of excess capacity and associated energy shall be made as follows: 3.1 The City of Ukiah will be allocated an amount of firm power on a monthly basis, as set forth in Exhibit A. Firm power will be made available to a scheduling utility for the period scheduled. 3.2 Each month during the term of this Letter of Agreement, the City of Ukiah will have the opportunity to commit to purchase contingent power in an amount not to exceed the balance of their unmet expected peak load after adjustment for their contract rate of delivery and allocation of firm excess Letter of Agreement 98-SNR-25 capacity from the Sierra Nevada Region. On Thursday of each week, or Wednesday if the following Friday is a Federal holiday, the Sierra Nevada Region's pre-schedulers will notify the City of Ukiah's authorized representative of the amount of contingent power the City of Ukiah ~nay schedule for the following week (Monday through Sunday). Contingent power may be curtailed in the event of an outage of one or ~nore Central Valley Project generating units affecting the Sierra Nevada Region's ability to provide some or all of the capacity for the duration of the outage, or may be curtailed in the event of increased project use pumping which reduces the amount of capacity available. Contingent power may also be curtailed in the event of a reduction in transmission capability on the California-Oregon Intertie affecting the Sierra Nevada Region's ability to import power from the Northwest. The Sierra Nevada Region will provide immediate notice to the City of Uldah of a curtailment, and the City of Ukiah will have until the next scheduling hoUr to acquire resources or shed load as needed to replace the contingent power curtailed. o The City of Ukiah may schedule up to the total amount of finn and contingent excess capacity as set forth in Exlfibit A attached hereto. Energy associated with this excess capacity may be scheduled at no more than a 50 percent capacity factor monthly; Provided, That the energy scheduled with excess capacity shall not reduce the minimum annual energy entitlement requirements or 35 percent maximum coincident allocation scheduling requirements under Scheduling Contract DE-MO65-85WP59098 between the Northern California Power Agency (the City of Ukiah's scheduling agent) and the Sierra Nevada Region. 5. Scheduling procedures for excess capacity and associated energy shall be as follows: 5.1 Firm power will be scheduled by 9:00 a.m. on the business day (Monday through Friday, excluding Federal holidays) before the schedule is to take place, in accordance with Paragraph 4 above. Once scheduled, any changes to scheduled quantities must be agreed to by the Sierra Nevada Region. 5.2 Contingent power will be scheduled by 9:00 a.m. on the Friday, or Thursday if Friday is a Federal holiday, before the week the schedule is to take place in accordance with Paragraph 4 above. Once scheduled, any changes to scheduled quantities must be agreed to by the Sierra Nevada Region. o Excess Capacity and associated energy will be delivered to the point of delivery designated in Exhibit B attached hereto. Transmission service beyond the point of delivery shall be the responsibility of the City of Ukiah. Page 2 Letter of Agreement 98-SNR-25 . The rate the Sierra Nevada Region will charge the City of Ukiah for the excess capacity and associated energy provided hereunder is listed in Exhibit C attached hereto. 8. The City of Ukiah shall be obligated to pay for its allocation of firm power, whether or not the power is actually scheduled. . The City of Ukiah shall be obligated to pay for the amount of contingent power it is offered for a week, up to the amount the City of Ukiah committed to purchase during that particular month, whether or not the contingent power is actually scheduled. In the event of a curtailment of contingent power, the City of Ukiah will be required to pay for only that amount of contingent power actually received during a particular week. 10. Billing and pay~nent for excess capacity and associated energy provided pursuant to this Letter of Agreement shall be in accordance with the Billing and Payment provisions of the General Power Contract Provisions attached hereto and made a part hereof. Bills shall be sent to the City of Ukiah at the following address: City of Ukiah Public Utilities Attn: Accounts Payable 300 Seminary Avenue Ukiah, CA 95482 11. Payments are due and payable by the City of Ukiah before the close of business on the twentieth (20th) calendar day after the date of issuance of each bill, or on the last day of the month, whichever is later. The bill will be due the next business day thereafter if said day is a Saturday, Sunday, or Federal holiday. Payments due to the Western Area Power Administration may be wired for electronic transfer deposit to the Western Area Power Administration's sub-account (American Bank Association No. 021030004, Subtype 10) of the Treasury Department's account with the Federal Reserve Bank in New York City, (BNF = AC-89001602), account number information is to be sent with the bill. Payments may also be sent in 'check form to the following address: Department of Energy Western Area Power Administration File No. 51587 Post Office Box 60000 San Francisco, California 94160-1580 12. The Allocation of Excess Capacity and Associated Energy, Point(s) of Delivery, and Rate for Excess Capacity and Associated Energy are set forth in Exhibits A, B, and C, Page 3 Letter of Agreement 98-SNR-25 respectively. Exhibits A, B, and C are attached hereto, and each shall be in force and effect in accordance with its terms until superseded by a subsequent Exhibit A, B, and/or C, or termination of this Letter of Agreement. 13. The General Power Contract Provisions effective August 15, 1995, attached hereto, are hereby made a part of the Letter of Agreement the same as if they had been expressly set forth herein; Provided, That Articles 20 through 30 shall not apply. If you are in agreement with the terms and conditions written above, please indicate your approval by signing and dating both originals of this Letter of Agreement, have the signatures attested, apply the appropriate seal, and return one to Peggy Muir at this office. Sincerely, Howard Hirahara Acting Regional Manager In Duplicate City of Ukiah By: Title: Address: cc: Mr. Don Imamura Northern California Power Agency 180 Cirby Way Roseville, CA 95678 Date: Page 4 Exhibit A City of Ukiah Letter of Agreement 98-SNR-25 o EXHIBIT A (Allocation of Excess Capacity and Associated Energy) This Exhibit A, made to be effective under and as a part of Letter of Agreement 98-SNR-25, shall become effective on April 1, 1998 and shall remain in effect through April 30,. 1998, or until termination of this Letter of Agreement, whichever occurs first. . o , During the term of this Exhibit A, the City of Ukiah is allocated and may schedule up to 4,320,000 kwh of firm energy at a maximum rate of delivery of 12 MW. During the term of this Exhibit A, when the Sierra Nevada Region determines it has contingent excess capacity available, the City of Ukiah will be allocated and may schedule its pro-rata share of contingent power on a weekly (Monday through Sunday) basis up to 0 kWh at a maximum rate of delivery of 0 MW. The method used in determining allocations of firm and contingent excess capacity and associated energy during the term of this Letter of Agreement should not be construed as a precedent for future allocations of excess capacity and associated energy. Page A1 Exhibit B City of Ukiah Letter of Agreement 98-SNR-25 o , EXHIBIT B (Point of Delivery) This Exhibit B, made to be effective under and as a part of Letter of Agreement 98-SNR-25, shall become effective on. April 1, 1998, and shall remain in effect until superseded by another Exhibit B 6r upon termination of this Letter of Agreement. The Sierra Nevada Region, under terms and conditions stipulated in this Letter of Agreement, will furnish excess capacity to the City of Ukiah from and after the date of initial service as defined in Exhibit A to the Tracy 230-kV Switchyard at a delivery voltage of 230 kV. Page B 1 Exhibit C City of Ukiah Letter of Agreement 98-SNR-25 . , . o EXHIBIT C (Rate for Excess Capacity and Associated Energy) This Exhibit C, made to be effective under and as a part of Letter of Agreement 98-SNR-25, shall become effective on April 1, 1998, and shall remain in effect until superseded by another Exhibit C or upon termination of this Letter of Agreement. The composite rate for firm and contingent excess capacity and associated energy will be 16.35 mills per kilowatthour, and includes the cost of transmission over the Central Valley Project transmission system. The City of Ukiah shall be obligated to pay for its allocation of firm power, ~vhether or not the power is actually scheduled. The City of Ukiah shall be obligated to pay for the amount of contingent power it is offered for a week, up to the amount the City of Ukiah committed to purchase during that particular month, whether or not the contingent power is actually scheduled. In the event of a curtailment of contingent power, the City of Ukiah will be required to pay for only that amount of contingent power actually received during a particular week. The primary factor in determining this rate is the Sierra Nevada Region's rate for deposits into the Pacific Gas & Electric Company's Energy Account 2. The Energy Account 2 deposit rate is scheduled for evaluation in June 1998. The Sierra Nevada Region reserves the right to revise this Exhibit C should the Energy Account 2 deposit rate be revised during the term of this Letter of Agreement. Page C1 ITEM NO. 6,i DATE: APRIL 15, 1998 AGENDA SUMMARY REPORT SUBJECT: AUTHORIZE THE EXECUTION OF A GRANT OF EASEMENT TO THE PACIFIC GAS AND ELECTRIC COMPANY FOR GAS LINE EXTENSION At the request of Jim Ronco, acting on behalf of John Fetzer, Pacific, Gas, and Electric (PG&E) will begin engineering the extension of a gas line from its current termination at Lewis Lane southerly towards Hastings Avenue and then easterly towards the Fetzer property. The gas line would be extended across Airport Clear Zone property and parallel to the southerly prolongation of Lewis Lane, and then easterly at right angles to the Lewis Lane prolongation after reaching a distance of approximately 440 feet from the south line of Lewis Lane. From this point the line would then be extended east approximately 230 feet across lands belonging to Ruddick and Airport Clear Zone property until reaching the west line of the Fetzer property. CONTINUED ON PAGE 2 RECOMMENDED ACTION: Authorize the City Manager to execute grant of a 10 foot wide easement to PG&E for gas line purposes within the Airport Clear Zone property and authorize the City Manager to negotiate appropriate considerations for the Grant of Easement such as line over sizing for the current project to facilitate future extension at no additional cost to the City or the current project. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Not authorize City Manager to Grant Easement for gas line purposes, or 2. Instruct City Manager to negotiate specific monetary consideration for the Grant of Easement. Appropriation Requested: Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Jim Ronco agent for John Fetzer Rick H. Kennedy, Director of Public Works/City Engineer Candace Horsley, City Manager 1. Proposed Grant of Easement. 2. Copy of aerial photo of project area. 3. Copy of Assessor's Maps of project area. APPROVED: R: 1 \PW:kk APGE Candace Horsley, Authorize the Execution of a Grant of Easement to the Pacific Gas and Electric Company for Gas Line Extension April 15, 1998 Page 2 As a condition of the gas line extension, PG&E requires a 10 foot wide easement for pipe line purposes from both the City and the Ruddicks. Mr. Ronco, on behalf of the Fetzer's, has requested that the City grant to PG&E the required easement as described in the attached Easement Grant Deed across City parcels denoted as APN 03-140-41, 03-230-04, and 03-230-31. Copies of the Assessor's Map sheets 3-14 and 3-23 with the proposed easement delineated are attached for the City Council's convenience. Compensation for the Grant of Easement has not been proposed or discussed. The proposal has been discussed with the Airport Manager and because the proposed easement is located within the Airport Clear Zone making future construction of facilities and conflicts with the proposed gas line very remote, he does not object to the proposal. The Airport Manager has also inquired about future possibilities of extending the gas line to serve the City's property north of the City Corporation Yard. PG&E representatives have not been available at the time of this writing to verify the feasibility of over sizing and extending the gas line in the future. The Airport Manager requests that PG&E consider installing a larger line for future extension to City property at no additional cost to the Fetzer project nor to the City in consideration of the City granting the easement to PG&E. RHK:kk R:I\PVV ^PGE WHEN RECORDED MAIL TO: MAIL TAX STATEMENT TO: DOCLrMENTARY TRANSFER TAX $-0- Consideration less than $50.00 EASEMENT GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, . CITY OF UKIAH, a municipal corporation, HEREBY GRANTS to PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, the right fi.om time to time to construct, reconstruct, install, inspect, maintain, replace, remove, and use facilities of the type hereinafter specified, together with a fight of way therefor, within strips or parcels of land or along routes as hereinafter set forth, and also ingress thereto and egress therefi'om, over and across the lands situate in the County of Mendocino, State of California, described as follows: See Exhibit "A" attached hereto and made a part hereof Said facilities shall consist of such underground conduits, pipes, manholes, service boxes, wires, cables, and electrical conductors; aboveground marker posts, risers, and service pedestals; underground and abovegroUnd switches, fuses, terminals and transformers with associated concrete pads; and fixtures and appurtenances necessary to any and all thereofas second party deems necessary located within the strips of land desci-ibed above. Dated CITY OF UKIAH, a municipal corporation BY: / EX.BIT "A" PARCEL ONE: A strip of land 10 feet in width, the East line of which is contiguous io and parallel with a line descn'bed as follows: Beginning at the intersection ofthe South line of Lewis Avenue and the West line of the real property described in the deed in favor of L. M. Ruddick et al, recorded July 24, 1987 in Book 1636 of Official Records, Page 473, Mendocino County Records, thence Southerly along the West line of the lands of Ruddick described above a distance 435 feet to "Point A", thence continuing along said West line a distance OftO feet to "Point B' and the terminus of the line described herein. PARCEL TWO: A strip of land 1'0 feet in width, the North line of which is contiguous to and parallel with a line described as follows: Beginning at "Point A" above referred to thence at right angles to West line of the lands of Ruddick above described to a point on the East line of the lands of the City of Ukiah, described in the deed recorded O~:tober 19, 1978 in Book 1176 of Official Records, Page 241, Mendocino County Records, and the terminus of the line described herein. Excepting fi.om Parcel Two that portion thereof described in the deed in favor ofL.M. Ruddick et al referenced above. ._,4// ~iNI'IFI Vd ~' PARCEL ONE ti09 It07 ! I I 1§104 °§~ I l § ~TREET APR-10-1998 15:00 NEWELL RAW, E8 DONALD Q. HINKLE JARED G. CARTER JOHN /L BEHNKE MYRNA L O~LEaBY ~CHAEL D. MACOM~ER FRANK SHAW BACIK BRIAN C. CARTER OFFICES RAWLES, HINKLE, CARTER, BEHNI~ t~ MASON ~T., IurI'E ~O0 POST OFFICE BOX 720 UKIAH, CALIFORNIA g64B2,.0720 "AC]~[E;24133 P.,02 ;: £)DITION Item No. t',~,etin::l [:ate: "' /&' 'J,_ ' I)i'~:tribated to: BI/: ECEtVED ~,,"T~ Or [IKIAH APR 1 ] 1998 TELEPHONE: TELEFAX: Cll'Y CLt. WK DEWAH I MENi April 10, Z998 Mr. Charles Stump Senior Planner City of Ukiah 300 Seminary Avenue ~iah, CA 95482 RE: General Plan JL~en~ent/Rezone :t~o:~ect, North oak Street Neighborhood Commercial Zoning District Dear Mr. Stump: As you will recall, this office repremente Dr. and~tre. Agfa1, owners of two of the ten parcels of property within the above general plan amendment rezoning project, located at 302 West Henry Street and 460 Oak Street. These, with the other parceli embraced within Itaffts recommended plan amendment/rezone project, have been the IubJect of leveral meetings and public hearings previously, before the Planning co~ission and City Council last year, and before the Planning Commission with regard to the instant zoning d[itrict matter last aonth. I ap~reciate you informing me that the regularly scheduled hearing before the Ukiah City Council to consider this zoning district project has been reschedule~, from A~ril 15 to April ~6. I had earlier calendared Apr~l 1~, and, ae you know, intended to appear &I I did before the Commission on behalf of my clients to present information and argument to the City Council in support of project. Unfortunately, ! ma othez'~ile committed to Be in San Francisco on April 16, and therefore Z cannot attend what consider to be a very i~portant public hearing before the council. I understand this is not my client's project/ it is not a development project, or quasi-adjudicative project at all in which my client ii an applicant or the only interested APR-iS-1998 15:00 LA~ OFFICES 707~62~1J~ P.O~ Mr. Charles St~p April 10, 1998 Page Two party. However, due to the importance to ny client, as owners of of the properties aff ected, naturally ny conce~ ~o a~ear and present ar~nent and info~ation to the C~cil. With ~he late rescheduling, and my earlier ~o~i~ents, ~at il not poo~iblo. I therefore request any consideration staff, the City Manager or the Council may extend in rescheduling tho City Council hearing to a time certain when I nay appear and make a presentation. I would be available at the Councilts next regularly scheduled nesting'in May, and I would appreciate your, or City Manager's recom~endation for a continuance of this matter to be heard at a time regularly scheduled when the Apfelts concerns could be considered. The agent for tho Apfels, Ms. Pat Williams is also unavailable on the 16th, although she was planning to attend on the 15th, as earlier calendared. I would appreciate any courtesy or oonsideration you could extend responsive to my request that tho Latter b~ heard any the next regular City Council meeting instead of on the re$cheduled date of the 16th. ~I~K SHA~ FSB:dlJs cc: Candace Horsely Pat Williams NEWELL RAWLES (1909-1976) DONALD G. HINKLE (R~ired) JARED G. CARTER JOHN A. BEHNKE MYRNA L. OGLESBY MICHAEL D. MACOMBER FRANK SHAW BACIK BRIAN C. CARTER LAW OR=~ES OF PACKET ADDITION RAWLES, HINKLE, CARTER, BEHNK~.~e~I~.BY 169 MASON ST., SUITE 300 POST OFFICE BOX 720 UKJAH, CALIFORNIA 95482-0720 14eceived: Distributed to: By: ,, TELEPHONE: (707) 4~2~94 TELEFAX~ (707) 4~2-7s39 April 13, 1998 Mr. Jim Mastin City Council Member City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 RE: General Plan Amendment Rezone Project North Oak Street Neighborhood/Commercial Zoning District: Request To Continue Hearing Dear Mr. Mastin: This office represents Dr. and Mrs. Apfel, owners of two of the ten parcels of property within the above General Plan Amendment rezoning project recently rescheduled for hearing before you on April 16, 1998. The matter was earlier calendared, and I had planned to attend and present information and argument in support of staff's zoning district project, on April 15. As it happens, I am previously schedule to be in San Francisco on the evening of April 16 and cannot attend the rescheduled hearing. Accompanying find a letter I ~ve sent to the City Manager and Senior Planning requesting the continuance of this matter until the next regularly scheduled Council hearing, May 6, 1998.. I write in an abundance of caution to simply express to you, directly, our request that the matter be heard at the next regularly scheduled Council meeting when we may have an opportunity to appear and present information and argument. I very much appreciate your attention to this matter, and I understand that it may be necessary to open the hearing and continue it, because members of the public may appear and wish to be heard on the rescheduled evening of the 16th. Mr. Jim Mastin April 13, 1998 page TwO' However, I want to leave you with the understanding that staff has led us to believe the matter will be continued, and we will have an opportunity to make our presentation to the Council at the next regularly scheduled Wednesday meeting on May 6, 1998. ~ru~q~K SHAW BACIK ' FSB:djs Enclosure cc: Charles Stump Candace Horsely Pat Williams AGENDA SUMARY ITEM NO. 8a DATE: April 15, 1998 REPORT SUBJECT: ADOPTION Of RESOLUTION AMENDING THE GENERAL PLAN LAND USE DESIGNATION FOR THREE PARCELS AND INTRODUCTION OF AN ORDINANCE AMENDING THE CITY ZONING MAP TO REZONE TEN PARCELS OF LAND ALONG NORTH OAK STREET SUMMARY: This staff initiated General Plan amendment and rezoning project is a result of the direction given by the City Council last November. At that time, staff initiated a rezoning project to bring the zoning classifications on a number of parcels into conformance with their General Plan land use designations. Two (2) of the parcels were located at 302 West Henry Street and 460 Oak Street, and were being used as a professional office and plant nursery respectively. The General Plan had designated them as "LDR" (Low Density Residential), and their assigned zoning classification was "C-1" (Light Commercial). This necessitated the proposed November, 1997 rezoning from "C-1" to "R-I" (Single Family Residential). The Planning Commission and staff recommended that the City Council rezone the parcels to "R-I" to be consistent with the General Plan. However, after considerable public testimony and discussion, the City Council unanimously agreed that the "R-I" Zoning Classification was not appropriate for the two (2) parcels, and directed staff to explore the possibility of assigning the "C-N" (Neighborhood Commercial) classification. (continued on page 2) RECOMMENDATION: 1) Conduct a public hearing; 2) Adopt the Negative Declaration; 3) Adopt the Resolution amending the General Plan Land Use Designation for three (3) parcels of land; and 4) Introduce by title only the Ordinance amending the City Zoning Map to rezone ten (10) parcels of land. ALTERNATIVE COUNCIL POLICY OPTION: 1. Do not adopt the Resolution or introduce the Ordinance, and provide direction to staff. Citizen Advised: All affected property owners individually noticed, and a legal notice published in the Ukiah Daily Journal according to the requirements of the Ukiah City Code. Requested by: Planning Department Prepared by: Charley Stump, Senior Planner Coordinated with: Candace Horsley, City Manager and Bob Sawyer, Planning Director, and David Rapport, City Attorney Attachments: 1. Negative Declaration/Initial Study 2. Resolution amending the General Plan Land Use Designation for three (3) parcels of land. 3. Ordinance rezoning the ten (10) parcels of land. 4. Planning Commission Staff Report, dated March 25, 1998 5. Planning Commission minutes, dated March 25, 1998 6. Correspondence received from Mr. Frank Bacik, dated March 17, 1998 APPROVED:~ Candace Horsley, ~City Manager Moreover, the Council directed staff to look at an even broader area, and examine the feasibility of establishing a small "C-N" zoning district along North Oak Street. Additionally, they asked staff and the property owner of the subject parcels to explore the possibility of resolving apparent parking issues associated with the professional office use, and more specifically, to investigate the possibility of absolving the parking variance granted for the use by the City Council. PROJECT DESCRIPTION: This General Plan amendment and rezoning project would establish a "Neighborhood Commercial" Zoning District along North Oak Street between Smith Street on the south and Gibson Creek on the north (see map on page 4 of this Staff Report). In order to establish this ten (10) parcel district, the General Plan land use designations on three (3) parcels must be changed from "LDR" (Low Density Residential) to "C" (Commercial), and the zoning classification on all ten (10) parcels must be changed from "C-1" (Light Commercial) to the "C-N" (Neighborhood Commercial) zoning classification. DISCUSSION: After receiving the City Council's direction to explore the possibility of establishing a small Neighborhood Commercial Zoning District along North Oak Street, staff conducted an intensive field survey to define the current uses of property in the vicinity, and to determine whether or not a "C-N" Zoning District made sense. Based upon this field analysis, staff identified a number of issues: 1. "C-N" District Boundaries Staff found ten (10) parcels along North Oak Street that seemed to define a transition area between the intensive "C-1" zoning to the east and south, and the "R-I" neighborhood to the north and west. Extending the district beyond these boundaries would capture parcels outside this apparent transition area, and therefore would be inappropriate. Three (3) of the parcels are being used as professional offices converted from single family residences; one (1) is developed with a church; one (1) is a professional office converted from an auto dealership; one (1) is vacant; and four (4) are developed with single family residences. This mix of Iow intensity residential and commercial land uses fulfills the purpose and intent of the Neighborhood Commercial Zoning District. 2. Impact on Single Family Residential Neighborhood to the West It is doubtful that the application of the "C-N" Zoning District to the ten (10) parcels would have an adverse impact on the single family residential neighborhood to the west, because the allowed uses in the district are intended to be compatible with "R-I" neighborhoods. Additionally, any permitted use in the "C-N" district would require discretionary review, and if a proposed use was found to be incompatible, it could be disapproved by the City. 3. The Potential Creation of Non-Conforminq Land Uses Based on our field investigation, rezoning the parcels to the "C-N" Zoning Classification would not create legal non-conforming land uses. It appears that all the affected parcels that are developed are being used consistent with the allowed and permitted land uses listed for the "C-N" District. 4. The Neighborhood Parking Issue The City Council directed staff to work with the property owner of the subject parcels to improve an apparent parking problem associated with the professional office use. Specifically, they asked staff to work with the property owner to explore the possibility of merging the two (2) parcels and creating on-site parking, and therefore facilitating the voluntary relinquishment of the previously approved parking variance. Staff explored this issue with the property owner's attorney, who formally responded in a letter to staff, dated March 17, 1998 (attached). For a variety of reasons, the property owner is unwilling to merge the two separate parcels or absolve the variance. It is interesting to note that a new future use of the professional office building involving discretionary review, would be required to provide on-site parking. Accordingly, any buyer of the larger parcel should seriously consider the simultaneous acquisition of the smaller parcel to the north for the creation of on-site parking spaces. PLANNING COMMISSION RECOMMENDATION: On March 25, 1998, the City Planning Commission conducted a public hearing to consider the General Plan Amendment and Rezoning project. After substantial public testimony expressing opposition to the proposal, the Planning Commission voted 4-1 to recommend that the City Council not amend the General Plan or rezone the subject parcels. The Commission held to their earlier recommendation to rezone the Apfel parcels at 302 West Henry and 460 North Oak Street "R-I" consistent with the Low Density Residential General Plan land use designation. While expressing concern regarding the current "C-1" zoning along North Oak Street, they did not formulate a recommendation to rezone these parcels. CONCLUSIONS: Staff is proposing this General Plan amendment and rezoning project to follow through on direction given by the City Council to explore the possibility of establishing a Neighborhood Commercial Zoning District along North Oak Street. Based on a detailed survey of the neighborhood, staff has identified a ten (10) parcel area that is uniquely situated between the high intensity commercial land uses along North State Street and the Iow intensity residential neighborhood to the west. Staff is able to conclude that this assemblage of parcels fulfills the purpose and intent of the "C-N" Zoning District, and accomplishes the direction and task assigned by the City Council. However, based upon the concerns expressed by nearby property owners, the Planning Commission expressed opposition to the proposal, and is recommending that the General Plan not be amended, and that the Apfel Parcels be rezoned to "R-1 ," as originally recommended last November. STAFF RECOMMENDATION: Staff stills concludes that the "C-1" zoning along this stretch of North Oak Street is highly inappropriate. While we believe that the residents in the area, as well as the Planning Commission have made a compelling argument for rezoning the Apfel parcels to "R-I" consistent with the direction contained in the General Plan, we acknowledge the City Council's previous conclusions and unanimous direction to initiate this "C-N" Zoning District project. Therefore, we are recommending that the Council take action to establish the proposed ten (10) parcel "C-N" Zoning District along North Oak Street. Alternatively, if the City Council now concludes that the Apfel parcels should be rezoned to "R-1 ," staff recommends that the remaining eight (8) parcels be rezoned to the "C-N" Zoning Classification. HENRY STREET 8MFT~ STR~ E~' General Plan Amendment - "LDR" to "C" and R_a~__nning to "C-N" APN 002-175-05 Apfel APN 002-175-06 Apfel APN 002-176-07 Fimt Baptist Church of Uidah Rezoning From "C-1" (Light Commercial) to "C.N" APN 002-182-13 Redwood Legal Assistance APN 002-182-15 Woodlief APN 002-182-17 Coots APN 002-182-18 Mendocino/Lake County Medical Society APN 002-183-01 Riddell APN 002-183-02 Azzaro APN 002-183-04 Richardson 4 CITY OF UKIAH NEGATIVE DECLARATION DATE: APPLICANT: PROJECT: LOCATION: March 2, 1998 City of Ukiah - Planning Department North Oak Street General Plan Amendment and Rezoning Located along North Oak Street between Smith Street on the south and Gibson Creek on the north. DESCRIPTION OF PROPOSAL: The project involves the establishment of a "Neighborhood Commercial" Zoning District along North Oak Street between Smith Street on the south and Gibson Creek on the north. In order to establish this ten (10) parcel district, the General Plan land use designations on three (3) parcels must be changed from "LDR" (Low Density Residential) to "C" (Commercial), and the zoning classification on all ten (10) parcels must be changed from "C-1" (Light Commercial) to the "C-N" (Neighborhood Commercial) zoning classification. The following parcels would be affected by the project: General Plan Amendment- "LDR" to "C" and Rezoning to "C-N": APN 002-175-05, 6 and APN 002-176-07; Rezoning From "C-1" (Light Commercial)to "C-N": APN 002-182-13, 15, 17 and 18; APN 002-183-01, 02, and 04. ENVIRONMENTALSETTING: The project area is densely developed with urban land uses, and is devoid of sensitive environmental habitats. ENVIRONMENTAL ANALYSIS: Staff did not identify any potential environmental impacts resulting from the project, and therefore concluded that a Negative Declaration is appropriate for the project. FINDINGS SUPPORTING A NEGATIVE DECLARATION: Based upon the analysis, findings, and conclusions contained in the Initial Study, the project does not have the potential to degrade the quality of the local or regional environment. Based upon the analysis, findings, and conclusions contained in the Initial Study, the project will not result in short-term impacts that will create a disadvantage to long-term environmental goals. Based upon the analysis, findings, and conclusions contained in the Initial Study, the project will not result in impacts that are individually limited, but cumulatively considerable. . Based upon the analysis, findings, and conclusions contained in the Initial Study, the project will not result in environmental impacts which will cause substantial adverse effects on human beings, either directly or indirectly. ) , STATEMENT OF DECLARATION: After appraisal of the possible impacts of this project, the City of Ukiah has determined that there is no substantial evidence that the project will have a significant adverse impact on the environment, and further, that this Negative Declaration constitutes compliance with the requirements for environmental review and analysis required by the California Environmental Quality Act. This Negative Declaration and associated Initial Study may be reviewed at the Ukiah branch of the Mendocino County Library at 105 North Main Street, Ukiah, or at the City of Ukiah Planning Department, Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California. (707) 463- POTENTIAL ENVIRONMENTAL IMPACTS BACKGROUND INFORMATION 1. Name of Project Proponent City of Ukiah Planning Department 2. Address of Project Proponent 300 Seminary Avenue, Ukiah 3. Name of Project North Oak Street Rezoninq 1 Assessors Parcel Number(s) 002-175-05,06; 002-176-07; 002-182-13; 002-182-15; 002-182-17; 002-182-18; 002-183-01; 002-183-02; 002-183-04 5. Date of Initial Study Preparation March 2, 1998 6. Name of Lead Agency Ukiah Planning Department 7. Address and Phone Number of Lead Agency 300 Seminary Avenue, Ukiah {707) 463-6200 8. Brief Project Description.. (see attached) 9. Person Responsible for Preparing Initial Stud~ North Oak Street General Plan Amendment~ezoning INITIAL STUDY PROJECT DESCRIPTION North Oak Street Rezoning The project involves the establishment of a "Neighborhood Commercial" Zoning Distdct along North Oak Street between Smith Street on the south and Gibson Creek on the north. In order to establish this ten (10) parcel district, the General Plan land use designations on three (3) parcels must be changed from "LDR" (Low Density Residential) to "C" (Commercial), and the zoning classification on all ten (10) parcels must be changed from "C-1" (Light Commercial) to the "C-N" (Neighborhood Commercial) zoning classification. The proposed boundaries of this small "Neighborhood Commercial" Zoning District, and the affected parcels are depicted on the map on page 4 of this Initial Study. The following parcels would be affected by the project: General Plan Amendment - "LDR" to "C" and Rezonini:l to "C-N" APN 002-175-05 APN 002-175-06 APN 002-176-07 Apfel Apfel First Baptist Church of Ukiah Rezoning From "C-1" (Liqht Commercial)to "C-N" APN 002-182-13 APN 002-182-15 APN 002-182-17 APN 002-182-18 APN 002-183-01 APN 002-183-02 APN 002-183-04 Redwood Legal Assistance (rezoning from "C-1" to "C-N") Woodlief Coots Mendocino/Lake County Medical Society Riddell Azzaro Richardson North Oak Street General Plan Amendment/Rezoning INITIAL STUDY 2 POIdOLITA SCHOOL CITY OF UKIAH CMC CENTER -- North Oak Street General Plan Amendment/Rezoning INITIAL STUDY 3 North Oak Street C-N (Neighborhood Commercial)Zoning District 2-112-13 North Oak Street General Plan AmendmantJRezonlng INITIAL STUDY ENVIRONMENTAL CHECKLIST FORM WILL THE PROJECT RESULT No Not Significant Significant Cumulative IN THE FOLLOWING Significant Unless No Impacts Mitigated Apparent ENVIRONMENTAL EFFECTS: Mitigation 1. EARTH: a. Unstable earth conditions (~r changes I~ I~ in geologic structures. b. Disruptions, Displacements, Cornpaction, or overcovedng of ,o,,.__ c. Change in topography or ground surface relief features.__ d. The destruction, covering, or modification of any unique geologic or physical features. e. Any increase in wind or water erosion of soils, either on or off the site. f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition, or erosion that may modify the channel of a river, stream, inlet, or bay? g. Exposure of people or property to earthquakes. 2. AIR: a. Substantial air emissions or deterioration of ambient air quality. b. The creation of objectional odors. c. Alteration of air movement, moisture, or temperature, or any change in climate, either locally or regionally? North Oak Street General Plan AmendmenURezonlng INITIAL STUDY $ No Not Significant Significant Cumulative Significant Unless No Impacts Mitigated Apparent Mitigation 3. WATER: a. Changes in the currents, or the course of water movernents, in either fresh or marine waters. b. Changes in the absorption rates, drainage patterns, or the rate and amount of surface runoff. c. Alterations to the course or flow of flood waters. d. Change in the amount of surface water in any water body. e. Discharge into surface water, or any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity. ,. Alteration of the direction or rate of [~ [~1 [~l [~1 [~1 flow of ground water. g. Change in the quantity of ground water, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations. h. Change in the quality of ground water. i. Substantial reduction in the amount of water otherwise available for public water supplies. j. Exposure of people or property to [:~ water related hazards such as · flooding or tsunamis. North Oak Street General Plan Amendment/Rezonlng INITIAL STUDY 6 WILL THE PROJECT RESULT No Not Significant Significant Cumulative IN THE FOLLOWING Significant Unless No Impacts Mitigated Apparent ENVIRONMENTAL EFFECTS: Mitigation 4. PLANT LIFE: a. Change in the diversity of species, or numbers of any species of plants [~ [~ [~ [~ [~ including trees, shrubs, grass, crops, and aquatic plants. b. Reduction of the numbers of any unique, rare, or endangered species [~ [~ [~ [~ [~ of plants. ~ c. Introduction of new species of plants into an area, or in a barrier to the [~ [~ [~ [~ [~ normal replenishment of existing species. d. Reduction in acreage of any agricultural crop. [~ [~ [~ [~ [~ 5. ANIMAL LIFE: a. Change in the diversibj of species, or number of any species of animals~.~ including birds, land animals, reptiles, [~ [~ [~ [~ fish, insects, and bethnic organisms. b. Reduction in the number of any [~ [~ [~ [~ [~ unique, rare, or endangered species of animals. c. Introduction of new species of [~ [~ [~ [~ [~ animals into an area, or in a barrier to the migration or movement of animals. d. Detedoration of existing fish or wildlife [~ ~ [~ [~ [~ habitat. North Oak Street General Plan Amendment/Rezonlng INITIAL STUDY 7 WILL THE PROJECT RESULT No Not Significant Significant Cumulative IN THE FOLLOWING Significant Unless No Impacts Mitigated Apparent ENVIRONMENTAL EFFECTS: Mitigation 6. NOISE: a. Increase in existing noise levels. b. Exposure of people to severe noise levels. 7. LIGHT AND GLARE: '. Production o' new light and glare. b. Reduction of solar exposure or adverse impacts ,o existing solar collection facilities. 8. LAND USE: a. Substantial alteration of the present or planned land use of a given area. , 9. NATURAL RESOURCES: a. Increase in the rate of use of any natural resources. North Oak Street General Plan Amendment/Rezoning INITIAL STUDY 8 WILL THE PROJECT RESULT No Not Significant Significant Cumulative IN THE FOLLOWING Significant Unless No Impacts Mitigated Apparent ENVIRONMENTAL EFFECTS: Mitigation 10. RISK OF UPSET: a. A risk of an explosion or the release of hazardous substances, (including oil, pesticides, chemicals, or radiation) in the event of an accident or upset conditions. b. Possible interference with an emergency response plan qr evacuation plan. 11. POPULATION: a. Alterations in the location, distribution, [~ [;~1 density, or growth rate of human populations. 12. HOUSING: a. Will the proposal effect existing housing or create a demand for new housing? North Oak Street General Plan Amendment/Rezoning INITIAL STUDY 9 WILL THE PROJECT RESULT No Not Significant Significant Cumulative IN THE FOLLOWING Significant Unless No Impacts Mitigated Apparent ENVIRONMENTAL EFFECTS: Mitigation 13. TRANSPORTATION: a. Generation of substantial additional [~ [~1 [~ ~ I~ vehicular movement? b. Effects on existing parking facilities, [~ I~ i~ [~ E~ or demand for new parking facilities? c. Substantial impact upon existing I~ !~ ~ !~ ~ transportation systems? d. Alterations to present patterns of circulation or movement of people I~ I~ I~ !~ I~ and/or goods? e. Alterations to waterbome, rail, or air ~ I~ I~ ~ I~ traffic? f. Increase in traffic hazards to motor I:~ I~ I~ !~ ~ vehicles, bicyclists or pedestrians? North Oak Street General Plan Amendment/Razoning INITIAL STUDY 10 WILL THE PROJECT RESULT No Not Significant Significant Cumulative IN THE FOLLOWING Significant Unless No Impacts Mitigated Apparent ENVIRONMENTAL EFFECTS: Mitigation 16. UTILITIES: a. Will the project result in a need for new systems or substantial alterations to the following: 1. Potable water? [~ [~ [~ [~ [~ 17. HUMAN HEALTH: a. Creation of any health hazard or [~ [~ [~ [~ [~ potential health hazard? b. Exposure of people to any existing health hazards? [~ [~ [~ [~ 18. AESTHETICS' a. Obstruction of any scenic vista or ,)[~ [~ [~ view open to the public, or create an [~ [~ aesthetically offensive site open to public view? North Oak Street General Plan Amendment/Rezoning INITIAL STUDY 12 WILL THE PROJECT RESULT No Not Significant Significant Cumulative IN THE FOLLOWING Significant Unless No Impacts Mitigated Apparent ENVIRONMENTAL EFFECTS' Mitigation 19. RECREATION: a. Impact upon the quality or quantity of existing recreational opportunities? t 20. CULTURAL RESOURCES: a. Alteration or destruction of a prehistoric or histodc archaeological site? b. Adverse physical or aesthetic effects to a prehistoric or historic building or structure? c. Cause a physical change that would [~ [~1 [~1 [~l [~1 effect the unique ethnic cultural values? North Oak Street General Plan AmendmentJRezoning INITIAL STUDY 13 :::.DlsclUSSIONO:F::: POTENTiAi iilEN iiR iN MENTA I. MPAiCTSiiI i ; SUGGESTED MITIGATION: MEAS'URES; ;:. ; ;; e o e DISCUSSION OF POTENTIAL IMPACTS: It is not anticipated that the proposed General Plan amendment and rezoning project would have an adverse effect on the environment for the following reasons: a. The majority of the parcels are fully developed with commercial land uses allowed or permitted in the "C-N" zoning district. b. The proposed project represents a "downzoning" that would reduce the future commercial development opportunities on the affected parcels, as well as eliminate the possibility of the high intensity commercial land uses that are allowed or permitted under the current "C-1" (Light Commercial) zoning classification. Co The project area is densely developed with urban land uses, and there are no sensitive environmental habitats present. DISCUSSION OF POTENTIAL CUMULATIVE IMPACTS: It is not anticipated that the project will have adverse cumulative impacts on the environmental, because "C-N" type commercial development is already existing on the majority of the subject parcels, and has been assumed to eventually occur on the single family residentially developed parcels in City General Plan, as well as in its associated environmental document. CONCLUSIONS: After careful review and analysis, staff is able to conclude that the proposed General Plan amendment and rezoning project will not have significant adverse impacts upon the environment. MANDATORY FINDINGS OF SIGNIFICANCE: Potential to degrade: Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restdct the range of a rare or endangered plant or animal species, or eliminate important examples of the major periods of Califomia history or prehistory? YES [~ NO North Oak Street General Plan AmendmentJRezoning INITIAL STUDY t4 be Short Term: Does the project have the potential to achieve shod-term, to the disadvantage of long-term, environmental goals? (A shod-term impact on the environments one which occurs in a relatively, brief, definitive pedod of time. Long-term impacts will endure well into the future). YES Ce Cumulative: Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is r~elatively small, but where the effect on the total of those impacts on the environment is sigrfificant). YES I~ .o de Substantially Adverse: Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? YES [:~ NO 5. DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described within the initial study have will be incorporated into the design of the project or required by the City of Ukiah. A NEGATIVE DECLARATION will be prepared. North Oak Street General Plan AmendmentJRezoning INITIAL STUDY 15 QI I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT shall be required. ~ Charles Stump ~ Print Name Senior Planner/Environmental Coordinator ,/~,~ ,Z! / ~ ~,~ Title Date North Oak Street General Plan AmendmentJRezonlng INITIAL STUDY 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING THE CITY GENERAL PLAN WHEREAS, in 1995, the City Council unanimously adopted the revised Ukiah General Plan, which assigned new land use designations to a number of parcels located in the City; and WHEREAS, during the General Plan Rezoning Program in 1996 and 1997, the City Council took a closer t'ook at the land patterning established in the revised General Plan, and determined that the new "LDR" (Low Density Residential) Land Use Designations for Assessors Parcel Numbers 2-175-05, 06 (Apfel- Professional Offices) and 2-176-07 (First Baptist Church of Ukiah) were inappropriate because of the existing development on the parcels, or because of similar land uses on adjacent and nearby parcels; and WHEREAS, as a result of their conclusion that the new "LDR" Land Use Designations for the subject parcels were inappropriate, the City Council directed staff to initiate a General Plan amendment project to reestablish the previous Commercial Land Use Designations; and WHEREAS, the City Council finds that the reestablishment of the previous Commercial Land Use Designation for the subject parcels is consistent with the goals and policies of the plan, because: 1) the parcels qualify for the Land Use Designations according to the siting criteria contained in the Land Use Element of the Plan; 2) the vacant land survey, housing production goals, and over housing mix envisioned for the City are not significantly altered or invalidated; and 3) the reestablished Land Use Designations are consistent with the roadway capacity standards and street classifications articulated in the Circulation & Transportation Element; and RESOLUTION NO.~ Page I of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 WHEREAS, the City Planning Department conducted an Initial Study to ascertain if the proposed General Plan Amendment would have significant adverse impacts on the environment; and WHEREAS, based on the analysis contained in the Initial Study, staff is able to conclude that the proposed General Plan Amendment project would not have a significant adverse effect on the' environment; and WHEREAS, based on the conclusions reached in the Initial Study, staff is recommending the adoption of a Negative Declaration for the North Oak Street General Plan Amendment Project. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Ukiah hereby amends the General Plan Land Use Map by redesignating APN 2-175-05, 06, and 2-176-07 from "LDR" (Low Density Residential) to "C" (Commercial). PASSED AND ADOPTED this AYES: NOES: ABSTAIN: ABSENT: , by the following roll call vote: Sheridan Malone, Mayor ATTEST: Colleen B. Henderson, City Clerk RESOLUTION NO. Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING THE OFFICIAL ZONING MAP FOR THE CITY OF UKIAH, CALIFORNIA The City Council of the City of Ukiah does hereby ordain as follows: SECTION ONE Pursuant to the procedures set forth in Section 9009 of the Ukiah City Code, the Official Zoning Map for the City of Ukiah is amended to change the zoning on ten (10) parcels of land from C-1 (l~ight Commercial) to C-N (Neighborhood Commercial). The property listing and map of the specific parcels involved in this rezoning action are attached as Exhibit "A." SECTION TWO This rezoning action and amendment to the Official Zoning Map of the City of Ukiah is necessary to bring the zoning for the subject properties listed in Exhibit "A" into conformance with the Ukiah General Plan. SECTION THREE This rezoning action is reasonable and appropriate because it satisfies the direction in the Ukiah General Plan to acknowledge and provide opportunities for mixed residential and commercial land uses, particularly near the downtown core of the City. SECTION FOUR This rezoning action is reasonable and appropriate because the subject parcels and their current uses fulfills the purpose and intent of the C-N (Neighborhood Commercial) Zoning District. SECTION FIVE The City Planning Department conducted an Initial Study to ascertain if the proposed North Oak Street rezoning project would have significant adverse impacts on the environment. ORDINANCE NO. Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION SlX Based on the analysis contained in the Initial Study, staff is able to conclude that the proposed North Oak Street rezoning project would not have a significant adverse effect on the environment. SECTION SEVEN Based on the conclusions reached in the Initial Study, staff is recommending the adoption of a Negative Declaration for the North Oak Street rezoning project. SECTION EIGHT This ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. SECTION NINE This ordinance shall become effective thirty (30) days after adoption. Introduced by title only on , by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Passed and adopted on AYES: NOES: ABSENT: ABSTAIN: , by the following role call vote: Sheridan Malone, Mayor ATTEST: Colleen B. Henderson, City Clerk ORDINANCE NO. Page 2 of 2 EXHIBIT "A" ORDINANCE NO. Assessor Parcel Number and Owner Location Existing New Zoning Zoning 002-175-05 Apfel 002-175-06 Apfel Located along 002-176-07 First Baptist Church of Ukiah North Oak Street 002-182-13 Redwood legal Assistance between Smith C-1 C-N 002-182-15 Woodlief Street on the 002-182-17 Coots south and Gibson 002-182-18 Mendocino/Lake County Medical Society Creek on the 002-183-01 Riddell i north. 002-183-02 Azzaro 002-183-04 Richardson CITY OF UKIAH PLANNING REPORT AGENDA ITEM: _ DATE: _ 7c. 03-25-98 DATE' TO: FROM: SUBJECT: March 25, 1998 City of Ukiah Planning Commission City of Ukiah Planning Department General Plan Amendment/Rezoning North Oak Street Neighborhood Commercial Zoninq District PROJECT SUMMARY: Last November, staff initiated a rezoning project to bring the zoning classifications on a number of parcels into conformance with their General Plan land use designations. The parcels were inadvertently missed during the 1996/1997 General Plan rezoning program, and needed to be rezoned to achieve consistency between the City zoning map and General Plan land use map. Two (2) of the parcels were located at 302 West Henry Street and 460 Oak Street, and were being used as a professional office and plant nursery respectively. The General Plan had designated them as "LDR" (Low Density Residential), and their assigned zoning classification was "C1" (Light Commercial). This necessitated the proposed November, 1997 rezoning from "C1" to "R-I" (Single Family Residential). The Planning Commission and staff recommended that the City Council rezone the parcels to "RI" to be consistent with the General Plan. However, after considerable testimony, the City Council unanimously agreed that the "R-I" Zoning Classification was not appropriate for the two (2) parcels, and directed staff to explore the possibility of assigning the "CN" classification. Moreover, they directed staff to look at an even broader area, and examine the feasibility of establishing a small "CN" zoning distdct along North Oak Street. Additionally, they asked staff and the property owner of the subject parcels to explore the possibility of resolving apparent parking issues associated with the professional office use, and more specifically, to investigate the possibility of absolving the par~ing variance granted for the use by the City Council. This staff initiated General Plan amendment and rezoning project is a result of the direction given by the City Council. This project is quasi-legislative in nature and does not require City Planning Commissioners to visit the site prior to formulating a recommendation to the City Council. PROJECT LOCATION: The proposed "CN" Zoning District is located along North Oak Street between Smith Street on the south and Gibson Creek on the north. The affected parcels are depicted on the map on page 3 of this Staff Report. ENVIRONMENTAL DOCUMENTATION: The General Plan amendment and rezoning of the subject parcels was analyzed in an Initial Study (attached). Based upon the conclusions reached in that document, staff is recommending that a Negative Declaration be approved for the project. GENERAL PLAN AND ZONING DESIGNATIONS: The proposed General Plan land use designation change is "LDR" (Low Density Residential) to "C" (Commercial). The proposed zoning classification change is "C1" (Light Commercial) to "CN" (Neighborhood Commercial). DEPARTMENT RECOMMENDATION: The Planning Department recommends that the Planning Commission recommend City Council APPROVAL of the proposed Negative Declaration, and General Plan amendment and rezoning project. PROJECT DESCRIPTION: This General Plan amendment and rezoning project would establish a "Neighborhood Commercial" Zoning Distdct along North Oak Street between Smith Street on the south and Gibson Creek on the north. In order to establish this ten (10) parcel district, the General Plan land use designations on three (3) parcels must be changed from "LDR" (Low Density Residential) to "C" (Commercial), and the zoning classification on all ten (10) parcels must be changed from "C-1" (Light Commercial) to the "C-N" (Neighborhood Commercial) zoning classification. STAFF ANALYSIS/DISCUSSION: After receiving the City Council's direction to explore the possibility of establishing a small Neighborhood Commercial Zoning District along North Oak Street, staff conducted an intensive field survey to define the current uses of property in the vicinity, and to determine whether or not a "CN" Zoning District made sense. Based upon this field analysis, staff has identified the following issues: 1. "CN" District Boundaries Staff found ten (10) parcels along North Oak Street that seemed to define a transition area between the intensive "C1" zoning to the east and south, and the "R1" neighborhood to the north and west. Extending the district beyond these boundaries would capture parcels outside this apparent transition area, and therefore would be inappropriate. Three (3) of the parcels are being used as professional offices converted from single family residences; one (1) is developed with a church; one (1) is a professional office converted from an auto dealership; one (1) is vacant; and four (4) are developed with single family residences. This mix of Iow intensity residential and commercial land uses fulfills the purpose and intent of the Neighborhood Commercial Zoning District. 2. Impact on Single Family Residential Neighborhood to the West It is doubtful that the application of the "CN" Zoning Distdct to the ten (10) parcels would have an adverse impact on the single family residential neighborhood to the west, because the allowed uses in the distdct are intended to be compatible with "RI" neighborhoods. Additionally, any permitted use in the "CN" distdct would require discretionary review, and if a proposed use Was found to incompatible, it could be disapproved by the City. MORRIS STREET HENRY STREET General Plan Amendment - "LDR" to "C" and Rezonlng to "C-N" APN 002-175-05 Apfel APN 002-175-06 Apfel APN 002-176-07 First Baptist Church of Ukiah Rezoning From 'C-¶" (Light Commercial) to 'C-N" APN 002-182-13 APN 002-182-15 APN 002-182-17 APN 002-182-18 APN 002-183-O1 APN 002-183-02 APN 002-183-04 Redwood Legal Assistance Woodlief Coots Mendocino/Lake County Medical Society Riddell Azzaro Rk:~rdson 3. The Potential Creation of Non-Conforminq Land Uses Based on our field investigation, rezoning the parcels to the "CN" Zoning Classification would not create legal non-conforming land uses. It appears that all the affected parcels that are developed are being used consistent with the allowed and permitted land uses listed for the "CN" District. 4. The Neighborhood Parking Issue The City Council directed staff to work with the property owner of the subject parcels to improve an apparent parking problem associated with the professional office use. Specifically, they asked staff to work with the property owner to explore the possibility of merging the two (2) parcels and creating on-site parking, and therefore facilitating the voluntary relinquishment of the previously approved parking variance. Staff explored this issue with the property owner's attomey, who formally responded in a letter to staff, dated March 17, 1998 (attached). For a variety of reasons, the property owner is unwilling to merge the two separate parcels or absolve the variance. It is staffs understanding that the City cannot legally force either action, and therefore, the issue should not influence the decision making process on the proposed General Plan Amendment and Rezoning project. It is interesting to note that a new future use of the professional office building involving discretionary review, would be required to provide on-site parking. Accordingly, any buyer of the larger parcel should seriously consider the simultaneous acquisition of the smaller parcel to the north for the creation of on-site parking spaces. CONCLUSIONS: Staff is proposing this General Plan amendment and rezoning project to follow through on direction given by the City Council to explore the possibility of establishing a Neighborhood Commercial Zoning District along North Oak Street. Based on a detailed survey of the neighborhood, staff has identified a ten (10) parcel area that is uniquely situated between the high intensity commercial land uses along North State Street and the Iow intensity residential neighborhood to the west. Staff is able to conclude that this assemblage of parcels fulfills the purpose and intent of the "CN" Zoning District, and accomplishes the direction and task assigned by the City Council. 'ATTACHMENTS: 1. Draft Resolution amending the General Plan 2. Draft Ordinance rezoning the ten (10) parcels of land. 3. Negative Declaration/Initial Study 4. Correspondence received from Frank Shaw Bacik, dated March 17, 1998 ACKNOWLEDGMENTS: The foll~ving personnel prepared and reviewed this Planning Report, ~~ ' '~~J B4 g Director Commissioner Puser stated she was pleased with the sign's current appearance, and agreed with the original intent of the Council's decision to mitigate the commercial impact on the neighborhood to the north by limiting the sign copy to the south side. Commissioner Correll stated he was supportive of staff's proposal, noting that the blank sign presented a stark, awkward appearance. Commissioner Chiles stated he was supportive of staff's recommendation; however, he would prefer that alternatives to the proposed iogos be considered. He suggested a continuation of the item, with a consultation held between Jack-in-the-Box and the Ukiah Chamber of Commerce regarding other sign copy possibilities. .~ , Chairman Pruden commented she was a member of another organization that is co-partner with the Chamber of Commerce, and there are already designs, funds, and commitment for a high quality replacement sign at the southern entrance to the City limits. She stated she was not in favor of more signage for advertisement purposes in that area of Airport Park Boulevard. Commissioner Larson stated his concurrence with staff's suggestion that the blank, bright red sign had a stark and disinteresting effect, and suggested it be painted a shade of gray, making it less noticeable. He noted that the Planning Commission had originally opposed the sign itself; however, the City Council approved a reduced size. He stated he was not in favor of any additional sign copy. ON A MOTION by Commissioner Correll, seconded by Commissioner Chiles, to approve the amendment to Site Development Permit Application No. 97-03 (Jack-in-the-Box Restaurant), as submitted by the City of Ukiah Planning Department, it failed by the following roll call vote. AYES: Commissioners Chiles and Correll. NOES: Commissioners Larson, Puser, and Chairman Pruden. ABSTAIN' None. ..~ ABSENT: None. ON A MOTION by Commissioner Larson, seconded by Commissioner Puser, it was carried by the following roll call vote to DENY the amendment to Site Development Permit Application No. 97-03, (Jack- in-the-Box Restaurant), as submitted by the City of Ukiah Planning Department. ,:. AYES: Commissioners Lars°n, Puser, and Chairman Pruden. NOES' Commissioners Chiles and Correll. ABSTAIN: None. '~: ' ABSENT: None. / 7C. General Plan Amendment and Rezoning project, as filed by the City_ Planning Department. to establish a "Neighborhood Commercial" Zoning District along North Oak Street between Smith Street on the south and Gibson Creek on the north. Ten (10) parcels are directly affected by the proposal. The Land Use Designations on three (3) parcels are being changed from "LDR" (Low Density Residential) to "C" (Commercial), and the zoning classification on all ten (10) parcels must be chanqed from "C-1" (Light Commercial) to the "C-N" (Neighborhood Commercial) zoning classification. MINUTES OF THE PLANNING COMMISSION Page 3 March 25, 1998 Senior Planner Stump advised that last November staff initiated a rezoning of the properties at 302 Henry Street (Apfel property) in response to the new General Plan, which had designated those parcels as Iow density residential; the zoning at that time was C-1. The inconsistency prompted staff to bring forward a proposed rezoning to R-l, so that the zoning would be consistent with the General Plan land use designation. The Commission discussed that project at length, including a C-N zoning on those two properties. Following the discussion and the public testimony, the Commission decided to support the General Plan and recommend to the City Council that the properties be rezor,3d to R-1. At the Council level, there was a similar lengthy discussion and public testimony, with the Council feeling that a C-N zoning could work on those parcels, but more specifically, that a small C-N district in this area could also be acceptable, based on the current land uses and the concerns that C'1 was too intense. The Council directed staff to explore that possibility and to return with a General Plan amendment and rezoning. Staff performed an intensive field review, in addition to reexamining the General Plan and other pertinent documents, and have determined there are approximately ten parcels that could constitute a small, workable C-N district, which would stretch from Smith Street on the south to Gibson Creek on the north. The existing land uses on these parcels are consistent with the allowed and permitted land uses in the C-N district, although there is always some question relative to the compatibility with the single family residential neighborhood to the north and to the west. Staff felt that, because of the nature of the C-N district, perhaps those conflicts would be eliminated, or at least reduced substantially, from the current C-1 zoning. Staff also reviewed the neighborhood parking issue associated with the Apfel property, since at the time the Council issued direction regarding a C-N neighborhood, they also directed staff to work with the property owner and explore the possibility of terminating the parking variance that the current professional office use on the site has. Staff complied, and there is a letter to that effect from the Apfels' legal counsel advising that the Apfels are not in favor of merging the property or extinguishing the variance. It is Staff's understanding that neither of those things can legally be forced to occur. Future proposals relative to any of these parcels will require a discretionary review, if it is a Permitted land use, and parking issues would be extensively explored during that process, as would a litany of other issues. Staff is therefore following through with the Council's direction, and bdnging this General Plan Amendment and Rezoning to the Commission for discussion and the formulation of a recommendation to the City Council. Commissioner Larson referenced Page 4 of the staff report, Item 4, The Neighborhood Parking Issue, and inquired how staff arrived at the conclusion that the issues surrounding the parking variance should not influence the Commission's decision, based on the fact the City cannot legally force a change in the variance or the merger of the parcels. The Commission is being asked to recommend making a change in the land use designation, but being told they cannot consider eXisting conditions or conditions on the property as valid reasons for not making that change. Mr. Stump replied the intent of the statement is to state staffs opinion that a denial of the amendment should not be based on an action which legally cannot be done. The existing conditions on the properties could be considered independently; perhaps a General Plan amendment is appropriate on one property, but not on the other. COmmissioner Larson clarified that the Commission was not legally bound to ignore the conditions that exist on the property. Commissioner Correll inquired regarding staff's rationale for the selection of the ten parcels for the C-N district. MINUTES OF THE PLANNING COMMISSION Page 4 March 25, 1998 Mr. Stump replied staff felt the creek on the north was a clear demarcation point between the Redwood Legal Assistance professional office building and the purely single family residential neighborhood to the north. Similarly, staff felt that it would be inappropriate to zone the Mendocino Savings Bank and the post office C-N, so the southern boundary was established at that point. The ten parcels are those that fall within that particular area. Commissioner Chiles clarified that the properties to the west of the Apfels' property are zoned R-1. PUBLIC HEARING OPENED: 7:35 p.m. Holly Brackmann, 736 Grove Avenue, presented a petition in opposition to both the C-1 and C-N designations for North Oak Street between Henry Street and Gibson Creek. She spoke in favor of retaining the single family character and historic quality of the neighborhood, and against having the homes being made into commercial properties. She presented a slide program to illustrate her comments. Roger Foote, 736 Grove Avenue, distributed copies of a parcel map, emphasized the narrowness of the property between Oak and Pine Streets, voiced concern for future commercial development in the area, called for the maintenance of the creek as a natural resource, and suggested the City development of a pocket park. He stated that the proposed rezoning to C-N would decrease the R-1 character of the neighborhood north of Henry Street, and was in favor of the original proposal that the properties revert back to R-1 north of Henry Street on Oak Street. Richard Mazzanti, 447 North Pine Street, commented on the current vacancy rate of many commercial buildings in the downtown area, and stated his concern relative to the parking situation for residents in his neighborhood. He inquired if Gibson Creek was a part of the narrow parcel, and suggested staff investigate the matter. He further inquired why staff was recommending ending the C-N zoning in the middle of a block. Commissioner Larson inquired'regarding Mr. Maz. zanti's comments relative to the parking on Pine Street. Mr. Maz. zanti replied there are still problems caused by county employees enjoying all day free parking on Pine Street. : Chairman Pruden commented the same type of situation exists on Dora Street, which offers free parking and a shod walk to the downtown area. Frank Bacik, 160 Mason Street, Ste 300, attorney representing the Apfels, spoke in support of the amendment, stating that the City Council had found unanimously that the down zoning of the Apfel properties was inappropriate, and had thus directed staff to consider the C-N zoning for those parcels deemed suitable. He praised staff for the attention they had given to the current use of the properties, and noted that staff is not proposing any change in the use of the properties, nor are they proposing any intensification of use of the ten properties that are subject to this zoning district. Staff is also not recommending a project that would cause encroachment into a residential neighborhood, and are not suggesting a zoning change that would result in any non-conforming uses. Those were all of the bad effects that would have occurred from a down zoning of this property. There is no encroachment because the properties that fit within the requirements of this C-N zoning district are now used consistently with the C-N zoning. To rewrite history and change the nature of the properties is to ignore the way they are currently being used, which is consistent with the neighborhood. They are an integral part of this MINUTES OF THE PLANNING COMMISSION Page 5 March 25, 1998 downtown interface. All that staff is suggesting is that the Commission recognize this, as they were directed to do by the City Council. He further stated that the opponents had mentioned a number of things that are absolutely inaccurate. It is not true that what this Commission did last time was vote to keep the neighborhood in residential; the majority vote was to downzone the property, to change it, to attempt to rewrite history, and th~ City Council unanimously said that was inappropriate. It is not accurate to suggest that this change will cause encroachment of commercial or encourage commercial uses where they are not existing already. In regards to the parking problem, the Apfels redoubled their efforts and checked on the parking enforcement issue. There have been no written complaints from neighbors since 1995. The slides that were presented were of residential houses; pictures could also have been shown illustrating the commercial uses that are included within the zoning district. VVhat staff is recommending is realistic; these uses are there currently, and we are in full support of the new project designation. The parking being undertaken on the narrow lot previously used by the garden nursery has improved the condition of congestion in the neighborhood, and is being used by county employees, in addition to the 17 parking spaces that have been leased at the City lot. There is not a parking problem there; there have been no complaints and the City does not have a record of it. Residents may not like the fact that people park on the street; however, the county has done what it can do, and the owners have also done what they can do, and we believe we have alleviated that problem to a level of insignificance. Commissioner Larson stated he had not seen a copy of the variance, and asked if it required Mr. Bacik's client to provide for off-site parking. .. Mr. Bacik replied yes; they are required to'lease the 17 parking spaces, and they intend to renew that as a long-term lease . -~i:' ~"~ Commissioner Larson referenced Mr. Bacik's statement that commercial zoning would not encroach on the residential character of the neighborhood, and inquired if there was some way to assure that the northern of the two Apfel parcels that fronts on to Pine Street cannot become an encroachment into that neighborhood. Mr. Bacik replied that no one can predict the exact term of the law that will be adopted, but the language for the C-N zoning contains setback requirements, and it is his view that there will be no commercial use at the narrow end of Pine Street. It is uncertain what the City Council will ultimately do with that language, but the C-N zoning will require setbacks, off-site parking, and will pro~bably prevent the narrow use of that lot for commercial purposes. Commissioner Larson stated the reply did not quite answer his question, and did not give him any assurance relative to encroachment on the residential areas in this neighborhood. Mr. Bacik replied that encroachment, to him, means placing a commercial use where it does not currently exist; that lot is already zoned commercial. With the setback requirements of the C-N district, and because any new permitted use in that area would require the Commission's discretionary review and approval, it would be unlikely approval for a commercial use would be granted. Commissioner Larson stated that the parking situation was resolved to Mr. Bacik's satisfaction, but apparently was not similarly resolved to the satisfaction of the neighbors on Pine Street. Encroachment takes many forms, including parking, and impacts the peace and character of a residential neighborhood. MINUTES OF THE PLANNING COMMISSION Page 6 March 25, 1998 Mary Little, 428 North Pine Street, voiced her concems regarding the ongoing parking problems on Pine Street, caused mainly by the number of cars parked there by employees of the nearby commercial establishments. Mr. Foote stated he was very pleased with the Planning Commission's proposal to return this neighborhood to its historic R-1 single family dwelling status. In his opinion, the Apfels only retain a commercial, and not personal, interest in their property since they no longer reside in the state. Commissioner Chiles inquired if Mr. Foote had spoken to this issue in front of the City Council when the property was rezoned to C-1 in the early 1980s, and if he thought it would be unjust to down zone this property to something that has already occurred. Mr. Foote replied that although he had grown up in the community, he was not a resident at that particular time. When he returned to the area in 1988, he was shocked to see the beautiful houses being used as office buildings. Down zoning from C-1 to R-1 would be very wise, since it would preserve the residential nature of the neighborhood for generations to come. Commissioner Chiles stated his concern that if it is recommended this property be down zoned, an enormous amount of litigation could occur that would affect the taxpayers of this community. 'i~ · :.. Chairman Pruden clarified that the General Plan indicates this area as low density residential, and staff is attempting through these rezonings to bring the zoning code into alignment with the General Plan. Potential litigation would possibly occur because they are not responsibly doing these zoning and land use changes. . Mr. Foote stated that what is occurring here is pressure from a special interest and out-of-town landlord, and the fear of litigation from them. The representatives of this community need to stand up for those who do not have a special focused monied interest, but have a longer term interest of raising their families. Thomas Force, 420 North Pine Street, stated he had lived in the area since the 1980s, and would like to see encroachment more toward the vacant buildings in the downtown area instead of the beautiful west side of Ukiah. He noted there are many children who live in his neighborhood who are frequently in danger from the traffic and parked cars. · PUBLIC HEARING CLOSED: 8:06 p.m. .. . Commissioner Puser inquired relative to the increase in the number of parcels from two to ten. Mr. Stump replied the General Plan only designates the Apfel parcels as Iow density residential, and that is why they were brought forward for rezoning. The other properties are already designated C-1. The proposed C-N district would represent a down zoning. Commissioner Correll asked Chairman Pruden if the Apfel property had historical significance, particularly the house on the west side on Henry Street adjacent to the property. Chairman Pruden replied that most of these ten properties are listed in the Architectural and Historical Resources Inventory Report, have a high national register designation of five or better, and do have historical significance for the City of Ukiah. She further stated that both by tradition and by legal documentation, the downtown redevelopment area ends on Henry Street, and goes to the east side of Oak MINUTES OF THE PLANNING COMMISSION Page 7 March 25, 1998 Street. She personally has no problem with taking the parcels that go on the east side of Oak and changing those from C-1 to C-N to bdng them into compliance with the downtown redevelopment area and master plan for the downtown. She has not changed her point of view on the parcels north of Henry Street, from School Street to Dora Street. It is a residential neighborhood and should be Iow density; it was designated correctly in the new General Plan. The Commission has listened to the neighborhood's concerns, with the only dissenting public comment coming from a non-resident. The Commission has been very receptive when other residential neighborhoods have come forward with concerns relative to encroachment. The General Plan was amended for the Low Gap and Bush Street neighborhood, near the county administration center. The residents desired that it remain residential even though a commercial designation would probably have benefited them financially. One of the largest hearings concerned the C-N designation along Dora Street. So vocal and loud was that particular discussion that new definitions were written for C-N neighborhoods to make them compatible to those people living adjacent to converted houses. She reiterated her opinion that house conversions make poor choices for business locations because of parking and other requirements, and stated this historically and traditionally has been.a residential neighborhood, and the correct decision was made by the Planning Commission the first time this was discussed. She further stated she saw no compelling argument to change, and expressed her disappointment with the City Council decision. She had been assured that the Commission's recommendation was sound, and they were supportive of it. A strong message needs to be sent to the Council that the Commission has thoroughly and completely looked at this project previously and felt comfortable with its decision. This evening there has been a larger turnout from the neighborhood, together with a petition, and the residents are correct. This is their neighborhood, it should be residential, and there is no need for encroachment since there is a high vacancy rate of commercial property in the downtown area and along State Street. ~ -~ Commissioner Correll stated when the isSue first came before the Commission he was disappointed to initially find that the Apfel property was designated as C-1, and the Commission was left to the difficult decision as to what to do with it. He considers the Oak Street corridor and Henry Street to be substandard because of the parking and width. The lot on the north side of the Apfel property could be developed, although not much could be done because the parcel is not that large. In looking at the general street configuration, he would agree with Chairman Pruden that the area of Henry Street north probably should remain as it is. He voiced his dislike of spot zoning and pocket parks, since the parks often bring in unsavory elements and lead to negative circumstances for the adjacent neighbors. Initially, the configuration of the ten parcels for the C-N district was appealing, and a way of rectifying the pocket zoning and down grading from a C-1, but given the buildings are somewhat significant in their architecture and in light of the long term view of the impacts to the neighborhood, he will not support the amendment. Chairman Pruden clarified that the vacant lot proposed for the pocket park was created by the Apfels' demolition of a small, Victorian house which had been damaged by a small fire. Commissioner Chiles commented that as far as the parking issue is concerned, perhaps it is time the City considered issuing parking stickers for the residential areas. In regard to the restoration and continued maintenance of the older homes, sometimes the only way to bring old, dilapidated houses into a useful nature has been to turn them into businesses. The C-N zoning allows some latitude for that to happen, whether they be residential, which is not outlawed in the C-N zoning, or used for offices. He suggested that at some time in the future, the Apfels may possibly donate the smaller parcel to the City for the establishment of a park. He indicated he would support the amendment so that potential future problems in the neighborhood could be avoided. MINUTES OF THE PLANNING COMMISSION Page 8 March 25, 1998 Commissioner Puser stated she concurred with Chairman Pruden's statements, and saw no reason to change from her previous vote. Commissioner Larson stated that the concept of a C-N zoning district is a good one. The C-N zoning that was designed was specifically tailored for the Dora Street corridor, so there are lot of uses included in it that may not be suitable to this particular proposal. There is an eclectic mix of uses presently located in this area, ~nd what ne,?ds to be considered is how this district relates to the interface of the downtown commercial district and the Iow density residential area surrounding it. From a geometric standpoint, it is not configured properly because it juts out into the residential area rather than wrapping around the commercial area as a buffer to the residential area. He commented on the various parcels and businesses and residences proposed to be included in the C-N district, and stated there are potential impacts to the neighborhood. He is not pleased with the proposal, but would consider supporting the establishment of the C-N district with the exception of the one northwest parcel. Commissioner Chiles requested that the public hearing be reopened so he could make an inquiry of Mr. Bacik. PUBLIC HEARING REOPENED: 8:27 p,m, - Commissioner Chiles inquired relative to whether Mr. Bacik's clients would be accepting of the omission of the northernmost parcel from the proposed C-N district. Mr. Bacik replied that naturally the value of the property is higher with a larger range of uses. It is currently zoned C-1, and if it is left out of the proposed C-N district, C-1 is what it will remain. His clients would support withdrawing the parcel so it can be dealt with separately. PUBLIC HEARING CLOSED: 8:29 p.m. .~: ~:i Commissioner Correll stated he agreed with Commissioner Chiles in that one way to refurbish residences that have adequate off street parking is to convert them into office buildings. However, in this particular case, the core issue is parking. That problem must be considered, and if the north property is removed, that parking area will be lost and the situation exacerbated even more. Chairman Pruden commented that many of the City's large older homes are maintained by pdvate owners who do not have to resort to economic gimmicks to keep them going. The 100 block of Clara Street, which had been commercially designated, turned around as R-l, and every one is maintaining their homes there. Although they are on a modest scale, the property owners are not having to resort to the option of commercial office space to pay for them. i Commissioner Puser noted this is a stable, rather than a deteriorating neighborhood, and should be preserved. It i§ not necessary to look to the commercial ventures to save it. ON A MOTION by Chairman Pruden, seconded by Commissioner Puser, it was carried by the following roll call vote to recommend to the City Council to not adopt the Negative Declaration for the General Plan Amendment and Rezoning Project for the North Oak Street Neighborhood Commercial Zoning District. AYES' NOES' Commissioners Larson, Puser, Correll, and Chairman Pruden. Commissioner Chiles. MINUTES OF THE PLANNING COMMISSION Page 9 March 25, 1998 ABSTAIN' None. ABSENT: None. ON A MOTION by Chairman Pruden, seconded by Commissioner Puser, it was carried by the following roll call vote to recommend to the City Council to not approve the General Plan Amendment and Rezoning Project for the North Oak Street Neighborhood Commercial Zoning District. AYES: NOES: Commissioner Chiles. ABSTAIN: None. ABSENT: None. Recess: 8:36 p.m. 7D, Commissioners Larson, Puser, Correll, and Chairman Pruden. City Zoning Ordinance City Planning Department, to make minor changes to Cha Ukiah Municipal Code. The project involves im ' discretionary permit," and deleting the requirement to subject properties prior to scheduled public hearings. Reconvene: 8:46 p.m. . :ho of thc definition of a "minor three (3) notices on Senior Planner Stump advised that the proposed revisions to stration and Procedures" include improving the definition of a "minor discretionary permit, an, the requirement to physically post three (3) notices on subject properties prior to sche~ blic hearings. The existing Article exempts additions to existing structures of less than 150 from the discretionary review process. It defines minor permits as "small additions/expansions than 150 square feet to existing structures..." However, it does not establish a threshold betwee ,inor and major permits. There is no square footage "cap" for minor permits, so that if read literally,tdditions of more than 150 square feet are considered minor. To correct this problem, staff is pro; that when additions to existing structures exceed 1000 square feet, they are subject to the major 'etionary review process. The existing Article also requires notices of public hearings on application~ ~r discretionary permits to be given at least ten (10) days prior to the meeting in four different ways, three that are required by State law, and a fourth, which calls for posting the subject prope~ n three locations ten days prior to the public hearing. This is an antiquated requirement that has :dgetary implications in terms of both materials and staff time. It is staff's opinion that the first ~oticing mechanisms provide legal and adequate notice of a proposed project, and that the posting he property is unnecessary. ) The Commission ' regarding the posting requirement and discretionary review. Mr. Stump replied The minor permit,, of 1,000 Jeletion of the posting requirement would pertain to both major and minor permits. come before the Zoning Administrator for discretionary review; additions in excess will be brought forward to the Planning Commission. Commissi( :r Chiles requested that copies of the Zoning Administrator agendas and packets be mailed to the Co ' ten days prior to the public hearings. followed relative to the proposed 1,000 square foot threshold of the minor permits. Staff noted determining this cap, they had discussed the types of minor and major permits that had been ;idered in the past, and concluded that this figure was reasonable. The Commission suggested the 640 square foot designation currently used for second units may be more appropriate. MINUTES OF THE PLANNING COMMISSION Page 10 March 25, 1998 NEWELL RAWLES (1909-1976) DONALD G. HINKLE (Retired) JARED G. CARTER JOHN A. BEHNKE MYRNA L. OGLESBY MICHAEL D. MACOMBER FRANK SHAW BAClK BRIAN C. CARTER LAW OFFICES OF R~WLES, HINKLE; CARTER, BEHNKE & OGLESBY 169 MASON ST., SUITE 300 POST OFFICE BOX 720 UKIAH, CALIFORNIA 95482-0720 March 17, 1998 TELEPHONE: C~OZ) TELEFAX: HAND DELIVER Mr. Charles Stump Senior Planner City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 RE: General Plan Amendment and Rezone Project: Neighborhood Commercial Zoning District Oak Street Between Smith Street and Gibson Creek Dear Mr. Stump: I write to follow-up our telephone conversation of last week. As you know, this office represents Dr. Phranklin and Mrs. Maggie Apfel in connection with the above-described matter. My comments relate to their ownership of premises at 302 West Henry Street and at 460 Oak Street, Ukiah, and more particularly, the availability and use of off-site parking for their leasees, the County AODP offices, under variance 90-70. These issues were addressed at prior Plan~ing Commission and City Council proceedings. We have reviewed the recently distributed Notice of Public Hearing (Planning Commission) regarding the North Oak Street General Plan Amendment and Rezoning Project, and we offer the following comments. In brief, my clients support the latest rezoning project, including the new "CN" zone district. The AODP offices located at 302 West Henry Street operate under variance No. 90-70, approving off-site parking in connection with the County's use of the premises. The property has been served by a lease of 17 parking spaces obtained from the City at its lot located at the intersection of School and Henry Streets. The Apfels have recently urged scrupulous use of the off-site parking lot by the County tenants in order to avoid congestion or parking problems in and about the AODP office on Henry and Oak Streets. We Mr. Charles Stump March 17, 1998 Page 2 believe that this renewed effort has been successful. Attached please find a report from the AODP Administrator regarding steps taken by the County. The Apfels' agent has also continued the parking space lease arrangement for an additional six months (at least through June of 1998 at the rate of $1,930.00), and we seek to continue long-term assurance of adequate parking in the City lots in order to ameliorate any local street traffic impacts. (See memo from Gordon Elton attached.) We too desire a long- term written lease to assure continued off-site parking availability. ~ In addition, since the initial notice and discussion before the Planning Commission of the prior down-zone project last year, the nursery property at 460 Oak Street has been vacated, thus freeing several additional adjacent off-street parking spaces for use by the AODP office management and staff. We believe this further ameliorates on-street parking problems. The County AODP program has a lease with the Apfels through at least the end of the year 2000. While both the AODP and adjacent Oak Street properties are for sale, the Henry Street property is, of course, available for purchase subject to said lease. During the prior administrative proceedings last year, at least one Planning Commissioner, and perhaps others, raised the suggestion that the landowners (Apfels) might wish to consider merging the two properties so as to provide the opportunity for parking on the smaller Oak Street lot adjacent to the AODP program parcel. I have reviewed this as an option or possibility with my clients, but I cannot advise them to undertake merger in this way for at least the following reasons: 1. First of all, this extraordinary measure would eliminate a valuable separate property ownership interest which, in light of the recent efforts to ameliorate the perceived on-street parking concern, seems to me an unnecessary and inappropriate measure. 2. Also, following changes recently approved by the Planning Commission in the operative language governing allowed and permitted uses in the CN zone, I believe the most likely "commercial" uses of the Henry Street property would require a use permit (i.e., Bed & Breakfast Inn). Such discretionary permit review would, of necessity, include specific consideration of potential parking, traffic and congestion impacts. Any such site and project-specific review would best address the questions of whether such impacts would occur, and if so, how best to mitigate them. Mr. Charles Stump March 17, 1998 Page 3 3. Finally, while it is possible that a prospective purchaser and new project proponent might wish to acquire both lots to facilitate extra parking on-site, such arrangement is by no means inevitable. The Henry Street property may very well be used as a residenc~, in which event, the Oak Street lot's highest and best use will be realized as a separate parcel. Another issue, raised by one of the Planning Commissioners, involved her dissatisfaction with the City Council's ever having granted variance No. 90-70 to the Apfels for operation of the premises at 302 West Henry Street in the first place. Naturally, I have given some attention to this concern. However, because the variance and the off-site parking arrangement is integral to the existing long-term lease, and because it also represents a valuable property interest which runs with the land, again, I cannot counsel my clients to simply relinquish this appurtenant right. In any event, in my view, with the redoubling of efforts to ameliorate the street parking concern as detailed above, I question the necessity of any such relinquishment of rights. I hope this letter addresses the issues or concerns of interests to staff in preparing its report regarding the North Oak Street General Plan Amendment and Rezoning Project. We fully support the staff's delineation of a "CN" District and this General Plan Amendment. We think the proposal makes good sense, recognizes the mixed context of the neighborhood, and provides much needed flexibility to property owners in the downtown-interface area, while providing for appropriate review and mitigation of potential impacts in connection with future projects. FSB:djs Ve_ry truly yours W ~AClK Attachments cc: Dr. Phranklin and Maggie Apfel Pat Williams DEC-05-97 FRI 03:09 CITY OF UKI~ FAX NO. 7074636204 P, O1 , Pate: To: From: RE: December 5, 1997 Phranklin Apfel Gordon Elton, Finance Directo.r~ PARKING LEASE RENEWAL ' Attached are invoices for the periods July 1997 through December 1997 and January 19~8 through June 1998. The amount for each six month period is $1,938.00. The City would like to have a written extension of :he.'lease. The City Manager will have the City Attorney prepare this extension and submit it for your signature, You may contact me at 463-6220 if you have additional questions. 02:07 PM COLDWELL ~RNKER MENLO RL ?0? 462 WILLJI'80JqqCe WlU./T~ C~ ~ COUNTY OF MENDOCINO DEPARTMENT OF PUBLIC HEALTH DIVISION OF ALCOHOL AND OTHER DRUG PROGRAMS (AODP) ~02 WEST HENRY fJTI~ET, UKIAFL CALIFORNIA 9~482 3-10-~8 From Jim McLai~ Fm:iliti~ Manager Rc Parldng Vsxfan~ Info~:tn~tion Per :your ~onv=raa~ion with P~t ~VILllara$. Propert~ Manager, ~d ~bsequeat r~que~t ilar r~garding t~c action steps t~lc~n to easure compli~ca with the terms of the cit7 p~ki~ vaxia~ce requirements for 302 We,~t [-[~j Street in LPffJab, ! submit the 1) Nm/ghbors voiced com::em ab, om pcrceived pzmk/n§ violation.re. AODP Management P~z~el m~ with neJg;bbo~ tt~ree t[me~ ~ 1995 aad 1~)6 to dlsc~ dL~c~t~s and to ardvc at acc~ptsble for a~ev~t[~ problems. 2) AODP Management perso~el aad neighbors met wt~ City of~ Padd~g ~ial, Mr. Kaxl Tt~tba.k, m ~ i=u~ ~d m ~ndu~ a one mon~ study ofp~g on ~e ~ ~a~t m 302 West ~e~. AODP ~cs not ha~ a ~py of ac offic~ mpo~ but ~ have a ~mm~ of~e AODP ~ao~cL ~pi~ ~ a~labb MrS. ~o~ ~g ~emen~ for ~s ~ci~. 4) In ~i~ ~ ~e sJ~, al ~~lvc o~o~g m~d~ for ~cm~ ~ ~ ~f~ cusmm~visi~m of~g mqu~~ for ~ f~v. ~ ~ple ofa ~u~t~ ~~cd st~ memo ~ a~fl~ ~ r~~ 5) AODP m~ ~d ne~hbon ~ded a Ci~ of~ PI~g ~m~ion m~ s~er of 1~5. At ~s me~, appm~ w~ ~v~ to p~t ~o s~ of~e ~g seco~ adj~t to ~e deBv~ ~e, w~ p~ w~te ~d d~ig~ ~ a '~~ ~p o~ick up o~y" ~ne. ~ AODP p~o~el have con~ ~ ~c~Io~ ~ nc~, ~ phone ~d ~ce m~men~. To my ~owI~e, A~P ~ ~Iv~ ve~ f~ ~p~l~ s~ce 1995. On~ m~iv~, ~ ~n~ voi~ m AODP p~o~el w~ ~~e~ · e C~ of ~ ~b~t ~velo~t D~, ~. ~ ~l~ ~ 2~ 1998. AODP ~ ~clud~ my m~ 1 ~lle~ ~ m~w of~e a~e ~o~aflon ~ ~hcd d~~~ k 2 cle~ d~o~ i~P, 302 W~ He~ S~ b~ ~dc, m~ cve~ often to ~m~ a ~mpadbJe m~fioasMp ~ ~e ~~g ne~~ PI~ see if you have f~er qu~o~ ~ yo~ ' Pat ~V'dUams P.02 -18-98 MON 14:01 707 462 3857 P, 02 AGENDA SUMMARY 8b ITEM NO. DATE: April 15, 1998 REPORT SUBJECT: INTRODUCTION OF ORDINANCE AMENDING ARTICLE 20 OF CHAPTER 2 (ZONING) OF THE UKIAH MUNICIPAL CODE REVISING THE REGULATIONS FOR ADMINISTRATION AND PROCEDURES SUMMARY: Last October, the City Council unanimously adopted a new Article in the Zoning Code entitled, "Administration and Procedures." This new Article contained revised permit processing procedures, new language concerning findings, and other changes that reflect current planning practices and legal principles. Additionally, the new Article combined all the administration and permit processing procedures into one Article, rather than throughout the Zoning Code, which has made it easier for staff and the general public to use. Over the past six (6) months, staff has identified two (2) minor errors within this new Article. This proposed Zoning Code Amendment project would correct these small errors, and would provide the City with a refined "Administration and Procedures" Article. The proposed revisions include improving the definition of a "minor discretionary permit," and deleting the requirement to physically post three (3) notices on subject properties prior to scheduled public hearings. (continued on page 2) RECOMMENDATION: 1) Conduct a public hearing; and 2) Introduce by title only the Ordinance amending Article 20 of Chapter 2 of the Ukiah Municipal Code. ALTERNATIVE COUNCIL POLICY OPTION: 1. Do not introduce the Ordinance, and provide direction to staff. Citizen Advised: Legally noticed according to the requirements of the Ukiah Municipal Code. Requested by: Planning Department Prepared by: Charley Stump, Senior Planner Coordinated with: Candace Horsley, City Manager and Bob Sawyer, Planning Director, and David Rapport, City Attorney Attachments: . 2. 3. 4. Ordinance Amending Article 20 of Chapter 2 of the Ukiah Municipal Code. Planning Commission Staff Report, dated March 25, 1998. Planning Commission minutes, dated March 25, 1998. Section 65091 (Notification Procedures) of the California Government Code. APPROVED: Candace Horsley City Manager 1 STAFF ANALYSIS/DISCUSSION: The two (2) proposed changes to the "Administration and Procedures" Article are considered minor, and would improve staff's ability to administer the Zoning Code, and process discretionary permits. The following text provides an analysis of these two (2) changes. A. Minor Discretionary Permits The existing Article exempts additions to existing structures of less than 150 square feet from the discretionary review process. It defines minor permits as "small additions/expansions of more than 150 square feet to existing structures..." However, it does not establish a threshold between minor and major permits. There is no square footage "cap" for minor permits, so that if read literally, all additions of more than 150 square feet are considered minor. To correct this problem, the Planning Commission and staff are recommending that two (2) separate square footage "caps" be established; one for the C-1, C-2, and M Zoning Districts, and another for the R-2, R-3, and C-N Zoning Districts. The Commission concluded that in the R-2, R-3, and C-N Districts, the structures are generally smaller, and so small or equal sized additions could produce significant site planning issues, and therefore should be subject to Planning Commission rather than Zoning Administrator review. Accordingly, they voted unanimously to recommend the following: ZONING DISTRICT C-1, C-2, M R-2, R-3, C-N ADDITIONS EXEMPT FROM DISCRETIONARY REVIEW Less than 150 sq. ft. Less than 150 sq. ft. ADDITIONS SUBJECT TO MINOR DISCRETIONARY PERMITS 150 to 999 sq. ft. 150 to 639 sq. ft. ADDITIONS SUBJECT TO MAJOR DISCRETIONARY PERMITS 1000 sq. ft. or larger 640 sq. ft. or larger B. Posting of Notices The existing Article requires notices of public hearings on applications for discretionary permits to be given at least ten (10) days prior to the meeting in four (4) different ways: 1. Publication in a newspaper of general circulation in the City. . Notice by mail, using addresses from the latest equalized assessment roll, to all owners of property within a three hundred (300) foot distance of any boundary of the subject property, and to the project applicant or agent, as well as to the property owner of record. , Notice shall be mailed or delivered at least ten (10) days prior to the hearing to each local agency expected to provide essential facilities and services which may be significantly effected. , The subject property shall be posted in three (3) locations ten days prior to the public hearing. The first three (3) noticing procedures are required by State law, but the fourth is not. It is an antiquated requirement that has budgetary implications in terms of both materials and staff time. Staff and the Planning Commission have concluded that the first three (3) noticing mechanisms provide legal and adequate notice of a proposed project to all property owners within 300-feet of the subject property, as well and to the general public. Therefore, it is recommended that the property posting requirement be deleted from the Article. CONCLUSIONS: Staff and the Planning Commission are proposing two (2) minor changes to the new "Administration and Procedures" Article adopted by the City Council last October. The changes are proposed because after six (6) months of use, these two (2) areas have surfaced as problematic, and inconsistent with staff's goal of providing efficient and professional public service. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING DIVISION 9, CHAPTER 2 (ZONING), ARTICLE 20 OF THE UKIAH CITY CODE The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE The Ukiah Municipal Code, Division 9, Chapter 2 (Zoning), Article 20, is amended to establish a square footage threshold between minor and major discretionary permits; and to delete the requirement for posting property with a public notice as a fourth noticing requirement for discretionary permits. SECTION TWO Section 9260 (D)(1) is amended to read, "In the "C-1", "C-2", and "M" Zoning Districts, facade improvements, small additions/expansions of more than 150 square feet but, less than 1000 square feet to existing structures, minor amendments to previously approved permits, and changes in use of existing structure(s) that do not require additional parking, and will not generate substantial amounts of additional traffic, noise, or other potential nuisances shall be considered minor in nature. Additions of 1000 square feet or more shall be considered major discretionary projects. In the "R-2", "R-3", and "C-N" Zoning Districts, additions of 640 or more square feet shall be considered major discretionary projects." SECTION THREE Sections 9262 (C)(4), 9263 (C)(4), and 9264 (B)(4), which state, "The subject property shall be posted in three (3) locations ten days prior to the public hearing" is deleted. ORDINANCE NO. Page I of 2 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 SECTION FOUR This amendment to Chapter 2 of the Ukiah City Code is necessary to improve and enhance zoning administration, and to provide more user friendly zoning regulations to the citizens of Ukiah. SECTION FIVE This Ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. SECTION SIX This Ordinance shall become effective thirty (30) days after adoption. Introduced by title only on April 16, 1998, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Passed and adopted on AYES: NOES: ABSENT: ABSTAIN: , by the following roll call vote: Sheridan Malone, Mayor ATTEST: Colleen B. Henderson, City Clerk CITY OF UKIAH PLANNING REPORT AGENDA ,, ITEM: ..... 7D. 03-25-98 DATE: DATE: TO: FROM: SUBJECT: March 25, 1998 City of Ukiah Planning Commission City of Ukiah Planning Department Zoning Code Text Revisions - Administration and Procedures PROJECT SUMMARY: Last October, the City Council unanimously adopted a new Article in the Zoning Code entitled, "Administration and Procedures." This new Article contained revised permit processing procedures, new language concerning findings, and other changes that reflect current planning practices and legal principles. Additionally, the new Article combined all the administration and permit processing procedures into one Article, rather than throughout the Zoning Code, which has made it easier for staff and the general public to use. Over the past six (6) months, staff has identified two (2) minor errors within this new Article. This proposed Zoning Code Amendment project would correct these small errors, and would provide the City with a refined "Administration and Procedures" Article. This project is quasi-legislative in nature and does not require City Planning Commissioners to visit the site prior to formulating a recommendation to the City Council. PROJECT LOCATION: N/A DEPARTMENT RECOMMENDATION: The Planning Department recommends that the Planning Commission recommend City Council APPROVAL of the proposed revisions to Article 20 of the Ukiah Zoning Code. ENVIRONMENTAL DOCUMENTATION: The City of Ukiah has determined that this Zoning Code text revision project is not subject to the requirements of CEC~A, pursuant to Section 15061 (b)(3) of the CEQA Guidelines (no possible impact rule) because it constitutes very minor changes to the planning administration and permit processing procedures, and therefore would not alter, change, or significantly impact the physical environment. GENERAL PLAN AND ZONING DESIGNATIONS: N/A PROJECT DESCRIPTION: The proposed revisions to the "Administration and Procedures" Article include improving the definition of a "minor discretionary permit," and deleting the requirement to physically post three (3) notices on subject properties prior to scheduled public hearings. STAFF ANALYSIS/DISCUSSION: The two (2) proposed changes to the "Administration and Procedures" Article are considered minor, and would improve staffs ability to administer the Zoning Code, and process discretionary permits. The following text provides an analysis of these two (2) changes. 1. Minor Discretionary Permits The existing Article exempts additions to existing structures of less than 150 square feet from the discretionary review process. It defines minor permits as "small additions/expansions of more than 150 square feet to existing structures..." However, it does not establish a threshold between minor and major permits. There is no square footage "cap" for minor permits, so that if read literally, all additions of more than 150 square feet are considered minor. To correct this problem, staff is proposing that when additions to existing structures exceed 1000 square feet, they are subject to the maj(~r discretionary review process. Accordingly, the proposed new language reads as follows: "...The Planning Director or assigned designee shall be guided by the following cdteda when determining whether a discretionary planning permit is major or minor. D(1). "Facade improvements, small additions/expansions of more than 150 square feet ~iii!i[~'~iiii~:.i.i.i~i~.i.i.~~i.i.i~~ to existing structures, minor amendments to previously approved permits, and changes in use of existing structure(s) that do not require additional parking, and will not generate substantial amounts of additional traffic, noise, or other potential nuisances shall be considered minor in ............................................................................................................. The 1000 square foot threshold seems reasonable for the following reasons: . VVhen 1000 square feet are added on to a small structure, even if the existing structure is less than 1000 square feet, the resulting building would be small in terms of height, bulk, and mass. . VVhen 1000 square feet are added on to a large structure, the addition would appear minor, and would not dramatically affect the height, bulk, and mass of the building. . No matter what the size of the existing building, if the 1000 square foot addition meets the yard setback, height, and other development standards, the potential for significant site planning issues is relatively Iow. 2. Posting of Notices The existing Article requires notices of public headngs on applications for discretionary permits to be given at least ten (10) days pdor to the meeting in four (4) different ways: (1). Publication in a newspaper of general circulation in the City. 2 (2). Notice by mail, using addresses from the latest equalized assessment roll, to all owners of property within a three hundred (300) foot distance of any boundary of the subject property, and to the project applicant or agent, as well as to the property owner of record. (3). Notice shall be mailed or delivered at least ten (10) days prior to the headng to each local agency expected to provide essential facilities and services which may be significantly effected. (4). The subject property shall be posted in three (3) locations ten days pdor to the public headng. The first three (3) noticing procedures are required by State law, but the fourth is not. It is an antiquated requirement that has budgetary implications in terms of both materials and staff time. It is staffs opinion that the first three (3) noticing mechanisms provide legal and adequate notice of a proposed project, and that the posting of the property is unnecessary. Therefore, staff recommends that this requirement be deleted from the Article. CONCLUSIONS: Staff is proposing two (2) minor changes to the new "Administration and Procedures" Article adopted by the City Council last October. The changes are proposed because after six (6) months of use, these two (2) areas have surfaced as problematic, and inconsistent with staffs goal of providing efficient and professional public service. ATTACHMENTS: . Draft Ordinance Revising the "Administration and Procedures" Article contained in Chapter 2 (Zoning) of the Ukiah Municipal Code. ~//,~ad~ump, Sel~or ACKNOWLEDGMENTS: The following personnel prepared and reviewed this Planning Report, respectively: ~~%~,/ ~ng, Director 3 ABSTAIN: None. ABSENT: None. ON A MOTION by Chairman Pruden, seconded by Commissioner Puser, it was carried by the following roll call vote to recommend to the City Council to not approve the General Plan Amendment and Rezoning Project for the North Oak Street Neighborhood Commercial Zoning District. AYES' NOES' Commissioner Chiles. ABSTAIN: None. ABSENT: None. Recess: 8:36 p.m. 7D, Commissioners Larson, Puser, Correll, and Chairman Pruden. ?: !i,: .,~: .~- Reconvene: 8:46 p.m. .City Zoning Ordinance Text Amendment (Administration and Procedures), as filed by tho City Planning Department, to make minor changes to Chapter 2 (Zoning), Article 20, of the Ukiah Municipal Code. The project involves improving the definition of a "minor discretionary permit," and deleting the requirement to physically post three (3) notices on subject properties prior to scheduled public hearings. Senior Planner Stump advised that the proposed revisions to the "Administration and Procedures" include improving the definition of a "minor discretionary permit, and deleting the requirement to physically post three (3) notices on subject properties prior to scheduled public hearings. The existing Article exempts additions to existing structures of less than 150 square feet from the discretionary review process. It defines minor permits as "small additions/expansions of more than 150 square feet to existing structures...' However, it does not establish a threshold between minor and major permits. There is no square footage "cap" for minor permits, so that if read literally, all additions of more than 150 square feet are considered minor. To correct this problem, staff is proposing that when additions to existing structures exceed 1000 square feet, they are subject to the major discretionary review process. The existing Article also requires notices of public hearings on applications for discretionary permits to be given at least ten (10) days prior to the meeting in four different ways, including three that are required by State law, and a fourth, which calls for posting the subject property in three locations ten days prior to the public hearing. This is an antiquated requirement that has budgetary implications in terms of both materials and staff time. It is staff's opinion that the first three noticing mechanisms provide legal and adequate notice of a proposed project, and that the posting of the property is unnecessary. The Commission queried staff regarding the posting requirement and discretionary review. , Mr. Stump replied the deletion of the posting requirement would pertain to both major and minor permits. The minor permits will come before the Zoning Administrator for discretionary review; additions in excess of 1,000 square feet will be brought forward to the Planning Commission. Commissioner Chiles requested that copies of the Zoning Administrator agendas and packets be mailed to the Commissioners ten days prior to the public hearings. Discussion followed relative to the proposed 1,000 square foot threshold of the minor permits. Staff noted that in determining this cap, they had discussed the types of minor and major permits that had been considered in the past, and concluded that this figure was reasonable. The Commission suggested the 640 square foot designation currently used for second units may be more appropriate. MINUTES OF THE PLANNING COMMISSION Page 10 March 25, 1998 PUBLIC HEARING OPENED: 8:52 p.m. No one came forward. PUBLIC HEARING CLOSED: 8:53 p.m. Commissioner Larson iCated there was not that n,' ~ch difference between the 1,000 square foot and 640 square foot proposed thresholds. He would prefer to incorporate some latitude for staff through a broader set of criteria by which they could make the determination between the major and minor permits and not rely solely on square footage. The 1,000 square feet could be used as a guideline; however, other guidelines, such as percentage of building area or lot size, should also be used to allow for the best decision on the individual permits. .~., · . Mr. Stump suggested the Co~mission could recommend to the Council'language that would state a permit of less than 1,000 square feet would be considered minor provided the Planning Director determines the use, height, bulk and mass would not cause significant issues. He noted that the "Administration and Procedures" Article does include a requirement that if the Planning Director or Zoning Administrator believes there are significant issues associated with any permit, they are obligated to bring it forward to the Commission, regardless whether it fits in one of the categories. Discussion followed wherein it was determined that a different threshold should be used for the different zoning districts. It was recommended the 1,000 square foot threshold would be adequate in the C-1 and C-2 and industrial districts; however, in the R-2, R-3, and C-N districts, the smaller threshold of 640 square feet, similar to that for second units, would be more appropriate, in addition, language relative to bringing projects with significant issues to the Planning Commission at the Planning Director's discretion should be included ...... ? ,, .. · Discussion followed relative to the posting of properties for public hearings on discretionary permits, wherein it was the consensus of the Commission the posting of minor permits was unnecessary. ON A MOTION by Commissioner Larson, seconded by Commissioner Correll, it was carried by the following roll call vote to recommend to the City Council the approval of the City Zoning Ordinance Text Amendment (Administration and Procedures), to make minor changes to Chapter 2 (Zoning), Article 20, of the Ukiah Municipal Code, as filed by the City Planning Department, with changes as discussed and recommended above. ... AYES' Commissioners Larson, Chiles, Puser, Correll, and ~3hairman Pruden. NOES' None. ? · · . ABSTAIN: None. /.. ~ ABSENT: None. 7E. City Zoning Ordinance Text Amendment (Planned Development Combining Zone/Districts), as filed by the City Planning Department to update and revise Article 14, Chapter 2 (Zoning), of theUkiah Municipal Code. The project involves addinga Purpose and Intent section; adding an Application of Combining Zone/District section; adding a Procedures and Process section; and deleting existing antiquated and/or vague language. Senior Planner Stump reviewed the staff report, noting that the existing Planned Development (PD) zoning regulations were adopted in 1990. In staff's opinion, they do not provide clear and concise direction MINUTES OF THE PLANNING COMMISSION Page 11 March 25, 1998 Development Account in the State Transpodation Fund to fund each of the demonstration projects. The designated agencies shall submit a report t to the Legislature not later than June 30, 1997, regarding the findings of each demonstration project. [Added, Chapter 1146, Statutes of 1994] 65089.10. Bay Area Congestion Management Agency Any congestion management agency that is located in the Bay Area Air Quality Management District and receives funds pursuant to Section 44241 of the Health and Safety Code for the purpose of implementing paragraph (3) of subdivision (b) of Section 65089 shall ensure that those funds are expended as part of an overall program for improving air quality and for the purposes of this chapter. [Added, Chapter 950, Statutes of 1995] Chapter 2.7. Public Hearings 65090. Notice of hearing (a) When a provision of this title requires notice of a public hearing to be given pursuant to this section, notice shall be published pursuant to Section 6061 in at least one newspaper of general circulation within the jurisdiction of the local agency which is conducting the proceeding at least 10 days prior to the hearing, or if there is no such newspaper of general circulation, the notice shall be posted at least 10 days prior to the hearing in at least three public places within the jurisdiction of the local agency. (b) The notice shall include the information specified in Section 65094. (c) In addition to the notice required by this section, a local agency may give notice of the hearing in any other manner it deems necessary or desirable. 65091. Notification procedures (a) When a provision of this title requires notice of a public hearing to be given pursuant to this section, notice shall be given in all of the following ways: (1) Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to the owner of the subject real property or the owner's duly authorized agent, and to the project applicant. (2) Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected. (3) Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing. In lieu of utilizing the assessment roll, the local agency may utilize records of the county assessor or tax collector which contain more recent information than the assessment roll. If the number of owners to whom notice would be mailed or delivered pursuant to this paragraph or paragraph (1) is greater than 1,000, a local agency, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the local agency in which the proceeding is conducted at least 10 days prior to the hearing. (4) If the notice is mailed or delivered pursuant to paragraph (3), the notice shall also either be: (A) Published pursuant to Section 6061 in at least one newspaper of general circulation within the local agency which is conducting the proceeding at least 10 days prior to the hearing. (B) Posted at least 10 days prior to the hearing in at least three public places within the boundaries of the local agency, including one public place in the area directly affected by the proceeding. (b) The notice shall include the information specified in Section 65094. 37 AGENDA SUMMARY REPORT ITEM NO. DATE: Aoril 15.1998 SUBJECT: ADOPTION OF RESOLUTION AMENDING RENTAL RATES FOR THE UKIAH VALLEY CONFERENCE CENTER The proposed rate increases are the result of a cost analysis conducted during the third quarter of the current fiscal year. Upon evaluating rates and amenities which the Conference Center offers versus the costs for such services as consultation, complete set-up and clean-up, video and audio equipment, as well as extensive staff support to all clients, staffhas detern~ed a minor adjustment to select rates is warranted. The proposed rate for the Chenin Blanc Room is based upon the increased room size which was accomplished by opening the previously adjacent room, which had been occupied by the Ukiah Business Development Center. With the exception of evening and weekend rates for select rooms, which were adjusted in May 1996, rates for the Ukiah Valley Conference Center have not been adjusted since its opening in July 1994. The proposed new rates are for the four White rooms (Chardonnay, Riesling, Colombard, and Chenin Blanc). The Red Rooms (Cabernet I and II, Merlot, and Zinfandel) will remain unchanged. The percent of increase ranges between 10% and 13% with the exception of the Chenin Blanc Room. The proposed increase for this room is approximately 40% which is reflective of the enlarged room size. Attached for the Council's review is a comparative rate sheet which identifies current versus proposed rates. Should the Council approve the proposed rates, Staff projects an increase of approximately $4,000 in revenue to the Conference Center based on the average yearly occupancy of these rooms. RECOMMENDED ACTION: Adopt Resolution amending rates for the Ukiah Valley Conference Center. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine proposed rates require further modification and adopt Resolution as revised. 2. Determine adjustment of rates is inappropriate at this time and do not adopt resolution. Acct. No. (if NOT budgeted): N/A Acct. No.: Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: N/A Prepared by: Bruce Jenney, Conference Center Manager Coordinated with: Candace Horsley, City Manager Larry DeKnoblough, Community Services Director Attachments: 1. Proposed Resolution 2~~{ve Rate Sheet APPROVED: ~~ . ) Candace Horsley, citYM~ager 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADJUSTING ROOM RATES FOR THE UKIAH VALLEY CONFERENCE CENTER -"98" WHEREAS, the City of Ukiah operates the Ukiah Valley Conference Center (UVCC) for public use; and WHEREAS, UVCC is an Enterprise Fund, which necessitates setting competitive, commercial rental fees that will provide for maintenance, repairs, utilities, and other operational expenses; and WHEREAS, UVCC has experienced a greater demand than anticipated for weekend and partial day use, which has increased staff and operation costs; and WHEREAS, the original room rates were last adjusted by Resolution No. 96-62, adopted by the City Council on May 1, 1996; and WHEREAS, the City Council has properly noticed this rate adjustment public hearing, has received public comment on these issues, and determined the relationship of conference center costs to the proposed rates. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Ukiah approves the room rental rates for The Ukiah Valley Conference Center as described in the attached Exhibit "A", incorporated herein by reference, and that Resolution No. 96-62 is superseded. PASSED AND ADOPTED this day of ,1998, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Sheridan Malone, Mayor Colleen B. Henderson, City Clerk 2:b:\citycouncil\uvccrate.res Resolution No. 98-00 Page 1 of 1 Exhibit 'A' UKIAH VALLEY CONFERENCE CENTER PROPOSED NEW RATES Daily Monday - Friday 8:00 a.m. to 5:00 p.m. Half Day Monday - Friday 8:00 a.m. to 5:00 p.m. Weekend & Evening Mon.- Fri. after 5:00 p.m. Saturday & Sunday Chardonnay $ 85 $ 68 $155 Riesling 110 88 180 Colombard 195 156 255 Chenin Blanc 250 200 300 Cabernet I * 600 480 600 Cabernet H * 600 480 600 Cab I & Merlot * 750 600 800 Cab H & Zinfandel * 750 600 800 Red Rooms * 1,500 1,200 The Red Rooms are a combination of Cabemet I and II, Merlot and Zinfandel. 1,500 * No change in rental rate These rates are the result of our cost analysis, which was conducted during the current fiscal year. Although these new rates may only equate to a $4,000 increase per year, it will however help balance our revenues and expenses. The above listed rates are for small conferences, seminars and educational training's. Rates for banquets, receptions, fund raisers and festive occasions will be priced according to client requirements. UKIAH VALLEY CONFERENCE CENTER CURRENT RENTAL RATES Daily Monday - Friday 8:00 a.m, to 5:00 pm. Half Day Monday- Friday 8:00 a_m, to 5:00 pm. Weekend & Evening Mort. - Fri. after 5:00 p.m. Samxday & Sunday Chardonnay $ 75 $ 60 $150 Riesling 100 80 175 Colombard 175 140' 250 Chenin Blanc 175 140 250 Cabernet I 600 480 600 Cabernet H 600 480 600 Cab I & Meriot 750 600 Cab H & Zinfandel 750 600 800 Red Rooms 1,500 1,200 1,500 Chardonnay Riesling Colombard Chenin Blanc Caberne~ I Cabernet H Cab I & Merlot Cab Il & Zinfandel Red Rooms UKIAH VALLEY CONFERENCE CENTER PROPOSED NEW RATES Daily Monday - Friday 8:00 a.m. w 5:00 pa-n. $ 85 ' Half Day Monday- Friday 8:00 a.m. to 5:00 p.m. $ 68 110 88 195 156 2OO 6O0 6O0 480 480 750 750 1,500 1,200 Weekend & Evening Mom - FrL aftcr 5:00 p.m. Saturday & Stmday $155 180 255 3OO 8OO 8OO 1,500 TOTRL P.02 - :~<ET ~DITION April 10, 1998 Jltem No. _ . Eecoivod:_ iDistributod to: , , -- By: _ Honorable Sheridan Malone, Mayor & Members of City Coundl City of Ukiah 300 Seminary Drive Ukiah, CA 95482 City Council Members: As you may know, on Wednesday night, April 8th, Humboldt County, the City of Eureka and all five other cities in the Humboldt County Waste Management Authority selected ECDC Environmental, an affiliate of Waste Solutions Group, to enter into a 15-year agreement for the transfer, transport and disposal of solid waste from those jurisdictions. ECDC had been .unanimously recommended by the Executive Committee (County Administrator and all city managers), and the Authority Board of elected officials voted 7-0 to proceed with the contract for the waste-by-rail project. That award allows Waste SolutiOns Group to reiterate and enhance our proposal that we submitted to the City of Ukiah.at your City Council meeting of December 17, 1997. At that meeting, City Council members apparently liked what they saw in our proposal and instructed your local garbage company, SWS, to work with us and come back with a railhaul contract that offers the City the best possible terms over the 10 or 20-year life of an agreement. For reasons which may be obvious to you, but which ~ will not elaborate, we have been unable to negotiate a satisfactory agreement with $WS. However, since your December meeting there have been two very positive developments which will greatly benefit the City of Ukiah on this project. First, the above-mentioned selection in Humboldt County of ECDC/Waste Solutions Group will allow Ukiah to obtain price discounts for railhaul that had been conditionally promised to you. Second, Waste Solutions Group has been provided with the exclusive right to offer both Humboldt and Mendocino counties the tailor-made RoadRailer~ System, which not only reduces costs significantly, but also allows the maximum truck and rail flexibility to meet the needs of the North Coast Region. Against that background, before you make a 10 or 20-year commitment to the current draft agreement, we simply ask that you consider the terms of our proposal to you and compare the agreement that we have signed in Humboldt County with the contract that you are currently being offered. In doing so, we hope you will see that Waste Solutions Group offers you critically important terms and pricing that are absent from your sole-source procurement and current draft agreement, a document which we believe is greatly inferior to the agreement which was negotiated by the cities of Humboldt County. The Mills Building · 220 Montgomery St. - Suite 1814 - San Francisco, CA 94104 Tel J(415) 421-2044 · Fax (415) 421-1462 Ukiah Waste-by-Rail Project April 10, 1998 Page Two You will find that our proposal offers the City ten key features below: 1. The City 2. The City 3. The City 4. The City 5. The City 6. The City 7. The City will receive rail transport pricing that is competitive with trucking. will kno~ who it is dealing with at all times; we will not sell your contract. will not have to give up future competition for its collection franchise. will know precisely where its waste is being disposed under our contract. will attract CoUnty and other cities to project, thus lowering rates for all will receive our commitment to the lowest cost financing available. can assume ownership/operation at any time during the term of the contract. 8. The City will be able to make a timely transition from its landfill to the new system. 9. The City will reduce permitting risks by having more than one site to consider. 10. The City will receive the best possible terms available for your long-term future. The attached Executive Summary explains in more detail these enhancements. Your decision on April 16th can be a turning point in the environmental and economic future of Mendocino County. As you compare the current draft contract with our proposal and contract, there are several conclusions that we hope each of you will reach on what is one of the largest public services contra, cts in City history: First, that the City Council is entitled to receive a serious, reasonably-priced waste-by-rail proposal, but until now has not been offered one. Second, that Ukiah and Mendocino County should receive at least equivalent terms, conditions, and protections in a contract as its neighboring dties to the north in Humboldt County have received. Third, that all citizens in your City, in neighboring cities and in the County deserve nothing less than the very best project available for the longiterm future. We believe that we haVe heard your requests for what you truly want, and we stand ready to provide the best we can give you over the term of an agreement if we are afforded the opportunity to compete for this long-term public services contract. Please feel free to contact me if you have any questions or would like to discuss this proposal in more detail. Attachments I · Executive Summary 1.1 Overview Waste Solutions Group (WSG), in conjunction with Potrero Hills Landfill, RoadRafler~ Transport Systems, and the Northwestern Pacific Railroad herein proposes a Rail Transfer, Transport and Disposal system for Ukiah and the surrounding area that combines simple, proven and efficient transfer station technology and operations, with an environmentally superior, flexible tailor-made transport system and the state-of-the-art Potrero Hills Landfill in the Fairfield-Suisun area. As one of the nation's leading providers of waste-by-rail services, WSG is offering this system at a competitive cost that will reduce rates to Ukiah's ratepayers. The project that WSG is hereby proposing is substantially similar to our proposal submitted to you on December 1 lth. Please refer to that proposal for most operational issues. However, there are some significant improvements that have been made since December which need to be highlighted. Those include: · Rail pricing that is extremely competitive with a truck-only project. · Use of the RoadRailerT~ Transport System which allows the maximum truck and rail flexibility at the lowest costs. · Lower capital cost for transfer station since RoadRailer allows building to be built as a truck-loading facility · The addition of buy-back and yard waste recycling at transfer station. · Three alternative industrially-zoned sites to mitigate permitting risks. A contract, modeled along the lines of those negotiated b,y both MSWMA and Humboldt County which protects the City s long-term interests well beyond anything that has been offered thus far. A summary of the key enhancements mentioned in the cover letter to this Executive Summary appears below. WSG/Ukiah Waste-by-Raft April 10, 1998 1.2 Rail Transport Pricing That Is Competitive With Truckin- Waste Solutions Group has consistently told the City Council and s~ff that the cost of a bonafide waste-by-rail system for Ukiah should cost little more than trucking. We have always been committed to the economic development, environmental and traffic safety advantages of rail transport over long-haul trucking down Route 101, and have felt that a reliable economic analysis should take those factors into consideration. Most hnportantly, we have consistently stated that Waste Solutions will assure that solid waste rates to Ukiah businesses and residents will be reduced from current levels under the raft transport scenario that we offer. We stand by that commitment. With our exclusive right to offer the RoadRaflerT~ Transport System to communities in the North Coast region (which was a key attraction in Humboldt County), WSG can provide Ukiah and Mendocino County with the maximum truck-to-rail flexibility at the lowest possible cost. As you can see from our pricing in the table below, the Council's past requests to lower the cost to the ratepayers of rail transport has borne fruit. As a result of the Council's direction, we discovered and entered into an exclusive arrangement with the RoadRailer System. Furthermore, now that Humboldt County has voted to partner with ECDC/WSG, Mendocino ratepayers will also receive 'the Humboldt-Mendocino discount that we have consistently promised throughout the MSWMA and Ukiah processes. The costs that we can now offer for transfer, transport and disposal are as follows: Total Cost Per Ton w/Humboldt Total Cost Per Ton w/Humboldt $50.90 $50.60 $49.89 $48.69 $47a28 $1.00 $1.20 $1.30 $1.33 $1.38 $49.90 $49.40 $48.59 $47.36 $45.90 1.3 " io Sale" Agreement For The Term of The Contracf Waste Solutions Group agrees not to sell the Ukiah contract or merge it with any other company during the term of the agreement, and WSG further agrees that the WSG team that signs the agreement will be the City's partners in this project throughout the term of the agreement. Waste Solutions Group views this agreement as the beginning of a long-term partnership, not as a commodity to be sold away to the highest bidder once the contract is executed. As such, we believe that the City should have the absolute right to require its partner, not some mysterious unnamed company, to perform the obligations that were committed to at the outset. With the current merger WSG/Ukiah Waste-by-Rail 2 April 10, 1998 mania, Ukiah should retain the absolute right to decide whether it wants to deal with a local company or a multi-national conglomerate. Waste Solutions Group completely agrees with that precept and grants the City that right. 1.4 Transfer Agreement Not Linked To Collection Franchi~ Extension Waste Solutions Group will make no linkage whatsoever of our transfer, transport and disposal agreement to the Ukiah collection contract. We are hard-pressed to find any reason to justify why it makes sense for the City to agree to a condition that links its long-term transfer, transport, and disposal agreement to any extension of the current garbage collection franchise. We know of no other community in California who has sole-sourced a long-term agreement of this magnitude. The only reason proffered thus far has been that time is of the essence and the linking of this lucrative contract to the collection franchise allows the City to sole-source the procurement, thereby avoiding competition. We believe this is "pretzel logic", because the use of competition is the only mechanism that will give the City the leverage to achieve the very best contract possible. Moreover, not only is competition critical in the current transfer, transport and disposal process, but it is equally critical as a tool of the City when the current collection contract expires. The City need not give away its fight to competitively bid the collection contract for any amount of years in the future. That is a valuable fight worth millions of dollars to any company in the current merger and acquisitions environment sweeping the garbage company marketplace. Finally, should the City Council be willing to extend the franchise for any amount of time, the value of such an extension needs to be monetized in the pricing equation so that you are able to compare such a proposal with one, like ours, that requires no such extension. 1.5 The Desiqnation Of A Disnosal Site Is Critical To Protect The CitT,. In these times of liability concerns for the long-term security of a community's waste, it is a fundamental imperative that a governmental body assure that its waste is disposed at a site that has the greatest environmental protections and safeguards. Like virtually every other community facing closure of their landfill, Humboldt County dearly understood this responsibility and not only wanted a pre-approved, Federal and State-compliant primary landfill site designated in its agreement, but it also wanted indemnifications provided by the disposal site, long-term guarantees of financial assurances, plus a $5 million disposal site insurance policy naming the County and dries as additional insureds. Humboldt County and its dties insisted on having a back-up transport mode and landfill spedfied in the agreement, with all the same protections as the primary landfill. It would be a grave public policy mistake not to make efforts to do the same. A garbage hauler's priorities in sending waste to a particular disposal site may be far different than the City's priorities as dictated by sound public policy. For example, as mentioned earlier, there is a merger and acquisition mania currently sweeping the nation's garbage industry. The highest prices are being offered for companies that can help the acquirer "internalize" waste at the acquirer's landfills, where the greatest WSG/Ukiah Waste-by-Rail 3 April 10, 1998 profits are realized. By allowing the garbage hauler to dislx~se of your City's waste at his choice of landfill, you are leaving the City open to a future of uncertainty, unlimited CERCLA and RCRA liability. Although inserting the City's "right to approval of a site" is better than having no say at all, the choice of landfill site needs to be the City's absolute right because the long-term liability is yours absolutely. The proposal that we have offered the City removes this uncertainty by reserving long-term capacity for the City at one of the most environmentally sound disposal sites in Northern California - the Potrero Hills Landfill in Solano County. Potrero Hills is a lined, Subtitle D landfill that is fully-permitted under State and Federal regulations to accept waste from Ukiah, Mendocino and Humboldt counties. 1.6 Rail Project Has Greatest Chance Of Attmctinq County_ and Citie~ The key to optimizing any transfer system and lowering~he price to Ukiah's ratepayers is for the City to work cooperatively with its neighboring cities and the County so as to realize efficiencies and economies of scale. Waste Solutions Group's proposal has the greatest chance of attracting County waste because it will offer the County a bonafide rail transport system at rates lower than the Board of Supervisors, and all other cities except Fort Bragg have already approved under the M. S .W~VIA contract. Moreover, Waste Solutions Group will offer forth at least two sites that can mitigate the risk of snags in the permitting process at the single Taylor Drive site currently being offered to the City of Ukiah. The sites offered are all zoned appropriately for the use and should appeal to both the City and the County. Since the Taylor Drive site permitting process has not yet begun, completion of the Waste Solutions Group permitting process at any site will be at least as timely. 1.7 Lowest Cost Financin_q For Construction And Other Caoi~l Waste Solutions Group served for six years as the advisor to the ~tate of California Pollution Control Finance Authority on the economic feasibility of waste transfer stations and recycling facilities. We have also assisted various companies in applying for and obtaining low interest tax-exempt bond financing for projects similar in size and scope to the Ukiah transfer station project. Although the transaction costs of a project the size of Ukiah's usually makes the use of CPCFA bonds marginal, much of those transaction costs are paid to advisors such as Waste Solutions Group who help structure the deal. If our firm is selected by the City to proceed with the transfer project, we will donate our transaction services in order to achieve the lowest possible financing rate for the project. That interest rate could be as low as 3.5%, which would help to lower still further the rates to citizens and businesses of Ukiah and Mendocino County. We believe the transfer station should be amortized over at least 20 years so as to reduce the payments to the ratepayers. However, as seen below, the City and its partners can have the right to takeover the facility at any time throughout the term of the agreement, however actual takeover may jeopardize tax-exempt status. WSG/Ukiah Waste-by-Raft 4 Apr~ 10, 1998 1.8 City_ Can Own And/Or Operate Transfer _System At Any Time We will offer Ukiah the same contractual clause that Humbold~ County requested and to which we agreed in that contract; that is the ability for Ukiah and its parmers in this facility (i.e. County and/or other cities) will have a "Termination for Convenience" provision, whereby you can assume ownership of the facility for any reason at any time during the life of the agreement. Thus, if the City feels it can get a better deal or wan,'s for any reason to change ownership or operation, the contract will contain buyout terms for it to do so. 1.9 Timely Transition From Ukiah Landfill To New System WSG reiterates its commitment to turnaround in two weel~s a response to an RFP from either the City or a partnership of the City and its neighbors. Moreover, as seen from the mark-up of the MSWMA contract included with our December 1 lth submission to you, and from the recently executed Humboldt County agreement, WSG is prepared to execute a similar document with the City of Ukiah within days of acceptance of our proposal. There is absolutely no reason why the City Council shouldn't be selecting the best possible agreement for your citizens and voting to award a waste-by-rail project by May 15th. The recent disclosure of "newly-found" capacity at the Ukiah landfill will provide more than ample time for the successful proposer to complete permitting, construct the facility and start the operation. 1.10 Ukiah Deserves NO Le$s Than The Very_ Be~ The City deserves a project that is the most environmentally sound, the safest from a traffic perspective, and the one that truly promotes economic development. Moreover, the City and its Mendocino County neighbors should receive terms, conditions, and protections in a contract that are at least as good as its neighboring cities to the north in Humboldt County have received. Finally, the City Council is entitled to review and hopefully approve a serious, reasonably-priced rail transport proposal that for which you have continually voted. Waste Solutions Group is prepared to offer the City and its neighbors the best possible waste-by-rail services available, and to becoming your long-term partner in achieving your solid waste management goals well into the future. WSG will see that every resource available is applied to get the job done. We hope that the City will do the same. Where there's the will, there's a way. WSG/Ukiah Waste-by-Rail 5 April 10, 1998 ?,ERO David A. Gavrich LANDFILL President and CEO Waste Solutions Group 220 Montgomery Street- Suite 1200 San Francisco, CA 94104 December 10, 1997 Re: City of Ukiah Transfer Station Proposal Dear Mr. Gavrich: Potrero Hills Landfill, Inc. is extremely pleased to particpate with Waste Solutions Group in its proposal to the City of Ukiah for solid waste transfer, rail transport, and disposal. Potrero Hills views its relationship with Waste Solutions Group as an important strategic alliance in the solid waste business. Potrero Hills Landfill, Inc. has agreed to offer its capacity exclusively to Waste Solutions Group for waste transferred by rail from Ukiah, and Waste Solutions Group has committed to use Potrero Hills Landfill exclusively for disposal of Ukiah's waste. We are excited to be able to team with Waste Solutions Group to offer excellent solid waste service at an extremely competitive price to ratepayers of Ukiah and Mendocino County. Throughout the development and operation of Potrero Hills Landfill, we have worked closely with our host community, Solano County. The staff and elected officials of Solano County have treated Potrero Hills Landfill fairly and are proud of our close, effective working relationship with our regulators as our operations and grown and changed. In every instance, the County has been both vigilant in its efforts to assure the environmental integrity of the landfill and cooperative in allowing for growth and change at the landfill. I know that Waste Solutions Group shares our philosophy of earning respect of its regulators by adhering to the highest environmental standards. I believe that the experience of Waste Solutions Group in hauling solid waste by rail, together with my company's experience in operating our Subtitle D landfill in California, combine to make us the premier solid waste transport and disposal team in the state. I am certain that together we will provide the safest, most efficient and cost.effective waste service available. I look forward to a long and fruitful relationship between our two fine companies. Very-~-Duly yours, o/' R1-L'qu~ard 'Granzella ~' Pres~,'d~fi~: POTRERO HILLS I~NDFILL, INC. POTRERO HILLS LANE - SUISUN, CA - (707) 429-9600 · P.O. BOX 68 - FAIRFIELD, CA 94533 NORTIi COAST RAILROAD AUTHORITY NORTliWESTERN PACIFIC RAILROAD December 9, 1997 Mr. David Gavrich Waste Solutions Group 220 Montgomery St. #1200 San Francisco, CA 94104 Dear Mr. Gavrich: We appreciate the efforts you and Waste Solutions have given over the past year towards the use of the Northwestern Pacific as the rail transporter for municipal wastes from the North Coast region to the Potrero Hills Landfill in Solano. We believe such a program would be very important to the long-term interests of the railroad and, as such, to all businesses and residents along our rail line. The Northwestern Pacific Railroad appreciates the opportunity to be the rail transportation partner in Waste Solutions Group's proposal to the City of Ukiah. The transportation of the North Coast's municipal waste by rail is a key growth opportunity for the railroad and the NWP is committed to holding the rail rates and terms as quoted to Waste Solutions Group for the previous Mendocino project. We look forward to a successful, long-term and mutually beneficial working relationship with your firm. In light of the economic and environmental benefits of a rail-based transportation system, the use of the NWP for this project will serve the best overall interests of the residents and business in Ukiah, Mendocino County and the North Coast. Please feel free to contact me with any questions you may have regarding our participation in this program. Dan Hauser Executive Director 4 West 2nd Street, Eureka, CA 95501 Phone: (707) 444-8055 Fax: (707) 441-1324 Bank of America December I0, 1997 Mayor Sheridan Malone and City Council City of Ukiah 300 Seminary Way Ukiah, CA 95483 Re: Financing of Rail Transfer Station in City of Ukiah Dear Mayor Malone and City Council Members: I am the Managing Director of Municipal Finance for the Bank of America, and I wanted to inform you of our ongoing working relationship with Waste Solutions Group, and to explain our interest in financing their proposed rail transfer system in the City of Ukiah. I and my Bank of America staff have worked with Waste Solutions Group in two capacities in the past. First, as you may know, Waste Solutions Group was a paid advisor to the State of California Pollution Control Financing Authority (CPCFA) for several years, advising the State on the economic and technical feasibility of transfer stations and recycling facilities, the developers of which had applied to the CPCFA for tax-exempt bond financing. Waste Solutions Group is nationally recognized for their expertise in the operations and financing of solid waste projects. In their capacity as advisor to the State of California on the creditworthiness of these projects, and in our capacity as a bank involved in financing these projects and very interested in project feasibility, BofA and Waste Solutions Group have coordinated closely on a number of solid waste projects. Some of these projects were similar in size and scope to the one being proposed for Ukiah by Waste Solutions Group. The second capacity in which we have worked is that Bank of America has provided financing to companies affiliated with Waste Solutions, most recently for the development of certain waste recycling facilities by Laidlaw Environmental Services. Bank of America looks forward to having the opportunity to work with Waste Solutions Group on the financing of their proposed rail transfer station and equipment. We believe a well-structured system, such as that proposed by Waste Solutions Group, can be a model for other small and medium-sized communities that want to pursue long-term solid waste solutions that are both economically and environmentally beneficial to the local community. We enthusiastically support this effort. Sincerely, Robert Giles Managing Director Bank of America National Trust and Savings Association December 8, 1997 Mayor Sheridan Malone CITY OF UKIAH 300 Seminary Way Ukiah, CA 95483 CITY OF UKIAH WASTE BY RAIL PROJECT Dear Mayor Malone: GATX EnviroLease is a wholly owned subsidiary of GATX Capital Corporation of San Francisco, which is in turn one of the five operating companies of GATX Corporation. For almost 100 years, GATX has been an industry leader in transportation equipment financing, and currently has over $5 billion in assets, including in excess of 120,000 railroad cars. I have enclosed a descriptive brochure and last year's annual reports for your information. GATX EnviroLease specializes in financing equipment for waste by rail, and has provided a large fleet of equipment for Waste Solutions Group and its affiliated company, ECDC Environmental LC. Based on my close to 30 years experience in the rail industry and a pioneer of waste by rail, I can affirm that there are few companies that combine the experience and expertise of Waste Solutions Group. Upon review of the proposal by Waste Solutions Group to the City of Ukiah, GATX is very interested in financing the Rail Transfer Station, railcars, containers and associated equipment for this excellent project. Our involvement would of course be subject to appropriate commitments of waste by the City, and to mutually agreeable contract terms between all the parties. Please feel free to contact me at 800 405 2555 if you have any questions or need more information about GATX. Sincerely, Vice President and General Manager GATX EnviroLea~Corporation P.O. Box 10026 Burbank, CA 91510-0026 Tel: 818/848-9666 Fax: 818/848-a137 OPERATIONS PLAN TAYLOR DRIVE ,TRANSFER STATIO,,N Solid Waste Systems, Inc. (SWS) will obtain bids for construction from qualified contractors to construct a top-load facility with on-the-floor crushing and compaction, with an adequate number of loading bays for both rail haul and truck haul. The lowest responsible bid will be accepted. The site will be built for a through-put capacity of 200 tons per day average and a peak volume of 400 tons per day. SWS will receive refuse and recyclables at the transfer station during permitted hours of operation. During hours of operation, in addition to accepting waste for disposal, SWS will also provide recycling buy-back and drop-off services, household hazardous waste recycling services, yard and wood waste recycling, and a re-use facility. A SWS employed gate attendant will either weigh or measure loads being delivered to the site. The gate attendant will inspect for hazardous waste and recyclables, reject any hazardous material discovered, and refer the site user to the recycle or re-use area for recyclables. After paying the site attendant for the waste to be disposed, the site user will then be directed to the refuse disposal area. Once at the tipping area an attendant inside the transfer building will direct site users to the correct location to dump, and the attendant will check loads as they are unloaded for unacceptable waste. Loads that are clean wood or yard waste will be directed to the area where wood and yard waste is consolidated. Once on the tipping floor the waste will be 'walked on" by the track loader to crush and compact it. Using a rubber-tired front loader tractor the waste will then either be added to the refuse consolidation pile, or loaded directly into the rail cars or transfer trailers. Wastes will be removed from the tipping floor at least every 24 hours. Loaded rail cars or transfer trailers will be transported to the landfill as soon as possible, but not more than 48 hours from time of loading. STAFFING PLAN SWS will employ competent personnel who are qualified to perform the assigned tasks. All personnel will possess the required licenses, permit or training for the tasks they perform. SWS will not allow any incompetent, intoxicated, or impolite employees at the transfer station or recycling area. SWS will employ the following personnel at the transfer station and recycling area: 1) Equipme,nt Operator - responsible for using track loader to crush and compact waste, consolidating refuse and wood/yard waste to make room on tipping floor, and loading rail cars or transfer trailers. 2) Spotter/Operator/Load Checker- responsible for directing self-haulers and franchise haulers to correct location for dumping as well as directing loads of wood or yard waste to the proper area, check for inappropriate wastes, aid the equipment operator in compacting refuse with the track loader during peak times. 3) Buy-Back/Drop-Off/Reuse Area (Recycling) Attendant- responsible for performing the operations in the State Certified Redemption Center, directing users of the drop-off recycling area as well as the reuse area. 4) Gate Attendant - responsible for inspecting loads for acceptable waste, recyclables, hazardous waste, and wood or yard waste as a preliminary load-check Will also act as cashier to charge incoming vehicles according to volume or weight of waste, and will keep daily records of all receipts and volumes of different types of materials delivered to the site. A more detailed description of operations of the transfer facility is contained in Sections 2.01 through 2.17 in the Contract for Transfer Station Construction and Operation and Solid Waste Transportation and Disposal. The operations and staffing of the site will also be described in much more detail in the Mendocino County Use Permit application, the California Solid Waste Facility Permit, and through the CEQA process. ./ F DRIVE i I ~ ~ ~I'AI'ION EXTERIOR ELLrVATION8 04/15/1998 10:41 707-462-6230 AL AND PA1 MENDOCINO COUNTY EMPLOYERS COUNCIL 597B SOUTH MAIN STREET UKiAH, CA 95482 TEL-707-462-5021 cmail: ab¢l~saber, net FAX-707-462-0318 BELTRA PAGE: o. Meetin0 Date: ~ Received: z/- / ~ _ -~ Distributed to:- ~ By: ~ Mayor Malone and City Council Members City of Ukiah City Hall 300 Seminary Avenue Ukiah, CA 95482 14 April 1998 Dear Mayor and Council Members: The M.C.E.C, strongly supports the recommendations of your staff rcgarding thc proposed location and contract of the new city solid waste transfer station. We are concerned that last minute proposals may divert your attention from the very positive proposal before you, This matter has been before before you for many, many months. Staff has been negotiating with SWS for almost seven months. An agreement has been reached which appears to be in the best interest of the citizens of Ukiah, whom you are pledged to serve. This proposal is recommended by your professional staff members, who have no personal or political gain to be made by their recommendation. This may not be the case for some other interested and involved parties. We support this proposal and urge your approval of it because it meets the criteria which M.C.E.C. outlined and adopted many months ago. The proposal provides for private sector operation and ownership. The proposal meets our concern that all appropriate sites be considered, with determination to be made based on economic comparisons. The proposal provides for evaluation of all transportation methods, with determination based on the most economical for Ukiah solid waste service payors. Please adopt the staff proposal tonight., Al Beltrami ~~ Executive Director SCENARIO 1 TONS OPERATIONS TRANSPORT DISPOSAL CONSTRUCTION SCENARIO 2 TONS OPERATIONS TRANSPORT DISPOSAL CONSTRUCTION SCENARIO 3 TONS OPERATIONS TRANSPORT DISPOSAL CONSTRUCTION SCENARIO 4 TONS OPERATIONS TRANSPORT DISPOSAL CONSTRUCTION SOLID WASTE SYSTEM TAYLOR AVENUE TRANSFE EXHIBIT A (Revised for 10 Year Amo~ TRUCK HAUL* 15,030 $ 7.60 11.54 19.00 TRUCK HAUL* 27,090 $ 7.60 11.54 19.00 $49.46 TRUCK HAUL* 39,595 $ 7.60 11.54 19.00 7.75 $45.89 TRUCK HAUL* 49,702 $ 7.60 11.54 19.00 6.17 S~t4.31 PACKET ADDITION ed to:_ RAIL HAUL 15,030 $ 7.60 19.52 21.00 17.09 $65.14 RAIL HAUL 27,090 $ 8.44 17.20 21.00 $58.97 RAIL HAUL 39,595 $ 8.44 16.48 21.00 8.44 $54.36 RAIL HAUL 49,702 $8.44 15.82 21.00 *TRUCK HAUL OPTION INCLUDES RAIL SPUR SCENARIO 1 TONS OPERATIONS TRANSPORT DISPOSAL CONSTRUCTION SOLID WASTE SYSTEMS, IN TAYLOR AVE. TRANSFER STA EXHIBIT A TRUCK HAUL * 15,030 rION PACKET Item No, ADDITION WASTE MeetiiFi~)b~.~ ,O,Ns ,?/,,- /~-- Receive(:~. RUcK, ............ DistributeuWt~.UL . By: 15,030 $7.60 $11.54 '$19.00 $8.59 $46.73 $9.19 $12.63 $21.00 $7.08 $49.90 SCENARIO 2 TONS OPERATIONS TRANSPORT DISPOSAL CONSTRUCTION 27,090 $7.60 $11.54 $19.00 $7.81 $45.95 RAIL HAUL 27,090 $8.49 $14.90 $20.00 $6.01 · :' $49.40 SCENARIO TONS OPERATIONS TRANSPORT DISPOSAL CONSTRUCTION 39,595 $7.60 $11.54 $19.00 $5.34 $43.48 RAIL HAUL 39,595 $8.44 $14.90 $20.o0 $5.25 $48.59 SCENARIO 4 TONS OPERATIONS TRANSPORT DISPOSAL CONSTRUCTION TRUCK HAUL * 49,702 $7.60 $11.54 $19.00 $4.25 $42.39 RAIL HAUL 49,702 $7.08 $14.64 $20.00 $4.18 $45.90 * TRUCK HAUL OPTION INCLUDES RAIL SPUR SOLID WASTE SYSTEMS, INC. TAYLOR AVE. TRANSFER STATION OFFER ANALYSIS OF RATES - 5 YEAR GUARANTEED TRUCK HAUL VS.WASTE RAIL PER TON ASSUMED INFLATION RATE PERCENTAGE OF CPI (EXCLUDES CONSTRUCTION COMPONENT) 5 YR. GUAR W / S TRUCK TRUCK 50% 75% UKIAH ONLY YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 YEAR 6 YEAR 7 YEAR 8 YEAR 9 YEAR 10 GUARANTEED WASTE SWS SOLUTIONS TRUCK TRUCK HAUL HAUL $46.73 $49.90 $47.30 $50.86 $47.88 $51.85 $48.47 $52.86 $49.07 $53.89 $49.68 $54.94 $50.30 $56.02 $50.93 $57.12 $51.57 $58.25 $52.21 $59.40 TOTAL OVER 10 YEARS DIFF $3.17 $3.56 $3.97 $4.39 $4.82 $5.26 $5.72 $6.19 $6.68 $7.19 3.00% TONS 15,030 ANNUAL COST TRUCK VS. RAIL $47,572 53,434 59,596 65,909 72,371 78,985 85,898 92,963 100,327 107,993 $765,048 YEAR 11 YEAR 12 YEAR 13 YEAR 14 YEAR 15 YEAR 16 YEAR 17 YEAR 18 YEAR 19 YEAR 20 TOTAL OVER 20 YEARS $52.86 $60.58 $53.52 $61.78 $54.19 $63.01 $54.87 $64.27 $55.56 $65.56 $56.26 $66.88 $56.98 $68.23 $57.71 $69.61 $58.45 $71.02 $59.20 $72.46 $7.72 115,958 $8.26 124,075 $8.82 132,491 $9.40 141,209 $10.00 150,227 $10.62 159,545 $11.25 169,014 $11.90 178,784 $12.57 188,854 $13.26 199,225 $2,324,430 TRUCK HAUL OPTIONS INCLUDE RAIL SPUR SOLID WASTE SYSTEMS, INC. TAYLOR AVE. TRANSFER STATION OFFER ANALYSIS OF RATES - 5 YEAR GUARANTEED TRUCK HAUL VS.WASTE RAIL PER TON ASSUMED INFLATION RATE PERCENTAGE OF CPI (EXCLUDES CONSTRUCTION COMPONENT) 5 YR. GUAR TRUCK RAIL 50% 75% WITH UKIAH VALLEY GUARANTEED WASTE SWS SOLUTIONS TRUCK RAIL HAUL HAUL YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 YEAR 6 YEAR 7 YEAR 8 YEAR 9 YEAR 10 DIFF TOTAL OVER 10 YEARS $45.95 $49.40 $3.45 $46.52 $50.38 $3.86 $47.10 $51.38 $4.28 $47.69 $52.40 $4.71 $48.29 $53.44 $5.15 $48.90 $54.51 $5.61 $49.52 $55.60 $6.08 $50.15 $56.72 $6.57 $50.79 $57.86 $7.07 $51.43 $59.03 $7.60 3.00% TONS 27,090 ANNUAL COST TRUCK VS. RAIL $93,559 $104,666 $116,044 $127,693 $139,612 $152,074 $164,806 $178,080 $191,625 $205,983 $1,474,142 YEAR 11 YEAR 12 YEAR 13 YEAR 14 YEAR 15 YEAR 16 YEAR 17 YEAR 18 YEAR 19 YEAR 20 TOTAL OVER 20 YEARS $52.08 $60.22 $8.14 $52.74 $61.44 $8.70 $53.41 $62.69 $9.28 $54.09 $63.97 $9.88 $54.78 $65.27 $10.49 $55.48 $66.60 $11.12 $56.20 $67.96 $11.76 $56.93 $69.35 $12.42 $57.67 $70.78 $13.11 $58.42 $72.24 $13.82 $220,612 $235,782 $251,494 $267,748 $284,273 $301,340 $318,677 $336,557 $355,249 $374,483 $4,420,357 TRUCK HAUL OPTIONS INCLUDE RAIL SPUR 3 SOLID WASTE SYSTEMS, INC. TAYLOR AVE. TRANSFER STATION OFFER ANALYSIS OF RATES - 5 YEAR GUARANTEED TRUCK HAUL VS.WASTE RAIL PER TON ASSUMED INFLATION RATE PERCENTAGE OF CPI (EXCLUDES CONSTRUCTION COMPONENT) 5 YR. GUAR TRUCK RAIL 50% 75% AND EXCEPT FORT BRAGG WILLITS GUARANTEED WASTE SWS SOLUTIONS TRUCK RAIL HAUL HAUL YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 YEAR 6 YEAR 7 YEAR 8 YEAR 9 YEAR 10 DIFF TOTAL OVER 10 YEARS $43.48 $48.59 $5.11 $44.05 $49.57 $5.52 $44.63 $50.57 $5.94 $45.22 $51.59 $6.37 $45.82 $52.63 $6.81 $46.43 $53.70 $7.27 $47.05 $54.79 $7.74 $47.68 $55.90 $8.22 $48.32 $57.04 $8.72 $48.96 $58.21 $9.25 3.00% TONS 39,595 ANNUAL COST TRUCK VS. RAIL $202,294 218,528 235,158 252,183 269,605 287,819 306,429 325,434 345,232 366,217 $2,808,899 YEAR 11 YEAR 12 YEAR 13 YEAR 14 YEAR 15 YEAR 16 YEAR 17 YEAR 18 YEAR 19 YEAR 20 TOTAL OVER 20 YEARS $49.61 $59.40 $9.79 $50.27 $60.62 $10.35 $50.94 $61.87 $10.93 $51.62 $63.14 $11.52 $52.31 $64.44 $12.13 $53.01 $65.77 $12.76 $53.73 $67.13 $13.40 $54.46 $68.52 $14.06 $55.20 $69.94 $14.74 $55.95 $71.40 $15.45 387,598 409,772 432,737 456,098 480,251 505,196 530,536 556,669 583,594 611,706 $7,763,056 TRUCK HAUL OPTIONS INCLUDE RAIL SPUR SOLID WASTE SYSTEMS, INC. TAYLOR AVE. TRANSFER STATION OFFER ANALYSIS OF RATES - 5 YEAR GUARANTEED TRUCK HAUL VS.WASTE RAIL PER TON ASSUMED INFLATION RATE PERCENTAGE OF CPI (EXCLUDES CONSTRUCTION COMPONENT) 5 YR. GUAR TRUCK RAIL 5O% 75% ENTIRE COUNTY GUARANTEED WASTE SWS SOLUTIONS TRUCK RAIL HAUL HAUL YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 YEAR 6 YEAR 7 YEAR 8 YEAR 9 YEAR 10 DIFF TOTAL OVER 10 YEARS $42.39 $45.90 $3.51 $42.96 $46.84 $3.88 $43.54 $47.80 $4.26 $44.13 $48.78 $4.65 $44.73 $49.78 $5.05 $45.34 $50.81 $5.47 $45.96 $51.86 $5.90 $46.59 $52.93 $6.34 $47.23 $54.03 $6.80 $47.87 $55.15 $7.28 3.00% TONS 49,702 ANNUAL COST TRUCK VS. RAIL $174,214 192,603 211,490 230,874 250,755 271,629 293,001 314,870 337,733 361,590 $2,638,759 YEAR 11 YEAR 12 YEAR 13 YEAR 14 YEAR 15 YEAR 16 YEAR 17 YEAR 18 YEAR 19 YEAR 20 TOTAL OVER 20 YEARS $48.52 $56.30 $7.78 $49.18 $57.47 $8.29 $49.85 $58.67 $8.82 $50.53 $59.90 $9.37 $51.22 $61.15 $9.93 $51.92 $62.43 $10.51 $52.64 $63.74 $11.10 $53.37 $65.08 $11.71 $54.11 $66.45 $12.34 $54.86 $67.85 $12.99 386,441 411,789 438,131 465,467 493,300 522,128 551,452 581,770 613,082 645,389 $7,747,708 TRUCK HAUL OPTIONS INCLUDE RAIL SPUR MEMORANDUM PACKET~ ,,, :ltem'N°: ADDI :'-i / ~! "/ :( ',ed: ........... ;ted to: _ By: ~. , TO: City Council Members DATE: April 16, 1998 SUBJECT: Agenda Item 9a Please be advised there were two messages received today in relation to Agenda Item 9a, Approval of Contract with Solid Waste Systems, Inc., for the Construction and Operation of a Solid Waste Transfer Station at the Taylor Drive Property. The first message was from Rick Piffero of Redwood Oil Company, Ukiah, urging you to vote in favor of the above. He stated it was a solid plan and good for business in the community. The second message was from Steve Ahl of Ahl Forest Products, also urging you to vote in favor of the above. SENT BY:Xerox TelecopJ, er 7021 ; 4-16-9~ ; 4:23PM ; COUNTY OF '1 RICHARD SHOEMAKER Sup®rvisor Second D~ri~ COUNTY OF MENDO{ :INO BOARD OF 8UPERVI$C ~O1 LOW GAP ROAD, ROOM UKtAH, CA[.IFORNIA 9~41 Ukiah City Council 300 Seminary Ave. Ukiah, CA 95482 April 16, 1 998 Dear Mayor Malone and Counoil Members, I'm sorry I cannot attend your special meeting toni At your last meeting on this issue I stood before yo the proposec~ transfer station oontract that I believe A week later after reading some articles in "Waste more concerned about those terms of the contracl to you and one that appeared in the Sunday newspal communications I stated that for you to accept th~ in the best interest of the citizens of Ukiah. I have not been able !to read every line of the latest But after reviewing the main .points and reviewing it and Solid Waste Sysltems have developed language I commend them. I know you are all putting in extra effort in workin long term needs of Ukiah, Thank You. Richard Shoemaker . PACKET ~N. D0C;[N0~D DiTiO~07463~204; ~-'~N-~-~ Meeting D~~ Received: ~1- Distributed to: By: ~ce: ~07)422I 0ffi~ Fa~ (707) ~3:4245 ~e: [707)468-5778 hr, and listed a number of terms in .d where un acceptable, ~lews" I found myself being even That .lead me to submit a letter ~er. In both my written and verbal proposed contract would be not ,erslon of the proposed contract. ~ith county staff, I feel your 8taft hat addresses the issues I raised. toward a good decision for the California Western Railroad Tel: (707) ~6.~o6371 I%X: (707) g~z~-6754 444~? PACKET ADDITION Meeting Date: Received: Distributed to: By: Pos~,.,it' Fax Note ]'e~ ~ "7"/? , FaX # Apdl 14, 1995 William T. Gr'&ham Waste Solutions Group;ECD¢ Environmental 220 Montgomery Street, Suite 1200 Sa.n Francisco, CA 9,!.!04 Dear Bill: Thank you for your continuing interest in including California Western Railroad in your plans for pro,riding solid waste disposal setw'ices for Mendocino Coumy. We have reviewed the Road Railer information you provided us and, based upon tkis ~view and further discussion ;¼th you concerning the ability to handle the curvature of our line, this system appears technically feasible lbr California Western Railroad_ We have also re'Aewed the site where the Road Railer train could be assembled at Fort Bragg and this appe~s tec?mically feasible as well. We look forward to working w/th you to implement tkis system if your proposal is selected by the County of Mendocino and the City of Fort Bragg as the method Ibr handling north coast s~lid waste disposal. Resr>ectfullv, --. Gary D. ~'fiiliman President cc: File GDMtblb ** TOTRL PRGE.OO1 Proposal To Provide Long-Term Rail Transfer, Transport & Disposal to the City of Ukiah Submitted by: Waste Solutions Group In conjunction with: Potrero Hills Landfill Northwestern Pacific Railroad RoadRailer Transport Systems April 16,1998 AGENDA SUMMARY ITEM NO. 9a DATE: APRIL 15, 1998 REPORT SUBJECT: APPROVAL OF CONTRACT WITH SOLID WASTE SYSTEMS, INC., FOR THE CONSTRUCTION AND OPERATION OF A SOLID WASTE TRANSFER STATION AT THE TAYLOR DRIVE PROPERTY AND AUTHORIZE MAYOR TO EXECUTE CONTRACT Submitted for the City Council's approval is the final draft of the proposed contract with Solid Waste Systems, Inc., for the construction and operation of a Solid Waste Transfer Station which will be sited at the Taylor Drive Maintenance Yard. North Bay Corporation, property owner of the proposed site, will also be a party to the contract. This final draft of the contract has been revised to incorporate those provisions requested for inclusion by the City Council on April 1, 1998. These provisions and the corresponding contract revisions, are summarized as follows: I , The facility and improvement costs reflected in the construction cost component of the service fee are to be amortized in 10 years. Paragraph (b), Section 4.06, Page 29 has been revised accordingly. CONTINUED ON PAGE 2 RECOMMENDED ACTION: Approve the contract with Solid Waste Systems, Inc., for the construction and operation of a Solid Waste Transfer Station at the Taylor Drive property and authorize the Mayor to execute the document. ALTERNATIVE COUNCIL POLICY OPTIONS: Return proposed contract to Staff for further revisions. Appropriation Requested: Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Candace Horsley, City Manager Rick H. Kennedy, Director of Public Works/City Engineer Candace Horsley, City Manager 1. Final draft of contract. APPROVED: Can(~dace Hc~sle~, (~i~ R: 1 ~LANDFILL:kk ATRANSFER.3 Manager Approval of Contract with Solid Waste Systems, Inc., for the Construction and Operation of a Solid Waste Transfer Station at the Taylor Drive Property and Authorize Mayor to Execute Contract April 15, 1998 Page 2 , , . , 1 . The mode of waste disposal transportation will be by truck for the first five years of the operation of the transfer facility and the transportation cost component shall be increased or decreased annually by a factor equal to 50% of the percentage change in the CPI during the first five years. If rail transportation is selected for the sixth year and each year thereafter, then the transportation component of the service fee will be increased or decreased annually by a factor equal to 75% of the percentage change in the CPI during those years in which rail transportation of the waste is utilized. In no case will the annual increase or decrease exceed 5%. The audit provisions will be eliminated. Section 4.02, Pages 25, 26 and 27, and Section 2.03, Page 15, have been revised accordingly. The cities within Mendocino County and the unincorporated areas of the County of Mendocino shall not be charged service fees which are higher than the service fees charged the City of Ukiah nor shall the City of Ukiah be charged service fees which are higher than those charged to other users of the transfer facility. Section 4.01, Page 24, has been revised accordingly. "Roadrailer" equipment trailers will be evaluated to transport acceptable waste by truck during the first five years to facilitate equipment reuse should the City elect to change the mode of transportation to rail after fifth year. Because the roadrailer has not been utilized to haul solid waste to date, provisions requiring the contractor to investigate and report their findings to the City regarding the feasibility of its use for hauling solid waste has been incorporated into the contract in Section 2.03, Pages 15 and 16. The contractor cannot assign any interest in all or a part of the contract and shall not transfer any controlling stock or ownership interest 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 to assign or transfer rights or property, Section 8.01, Pages 30 and 31. The previous billing and payment provisions have been deleted and replaced with the requirement that the City shall pay the contractor the service fee associated with accepting the City's waste at the Transfer Station within 15 days from the receipt of the invoice, Section 4.05, Page 25. Information concerning the loan program available from the California Pollution Control Finance Agency has been obtained. A summary of the loan requirements and costs will be presented during the agenda presentation. RHK:kk R: 1 ~I..ANDFILL ATRANSFER.3 TABLE OF CONTENTS ARTICLE 1. DEFINITIONS .................... i ARTICLE 2. CONTRACTOR RESPONSIBILITIES ........... 2.01. Facility Design, Permitting and Construction . . . 2.02. Start of Operations ............... 15 2.03. Waste Transfer, Transportation and Disposal, Recycling ..................... !5 2.04. Operation by Contractor ............. ..16 2.05. Operational Standard~ ............... .16 2.06. Hours of Operation ................ !_~7 2.07. Maintenance ................... 17 2.08. Mobile Equipment ................ 17 2.09. Staffing .................... 17 2.10. Operational Procedures ............ 18 2.11. Buy-Back Recycling ............... 18 2.12. Drop-Off Recycling ............... 18 2.13. Household Hazardous Waste Recyclin~ ...... 2.14. Yard and Wood Waste RecycliDg .......... 2.15. Reuse Facility ................. 2.16. Unacceptable Waste Prohibite.d .......... 2.17. Refusal of Waste 2.18. Title to Waste ................. 2 2.19. Subcontractors ......... 2.20. Title .............. 2.2!. Permits ................. ~- 2.22. Records and ACCESS ............ : L 2.23.. Applicable Law .............. ARTICLE 3. THE CITY'S RESPONSIBILITIES ......... 3.01. Waste Flow ~0 Transfer Station ......... 3.02. Competing Facilities ........... 3.03. Hazardou~ Waste Locker Service ......... ARTICLE 4. PAYMENTS .................. 4.01. Components of Service Fee .......... 4.02. CPI Adjustment ............. 4.03. Additional Adjustment of Disposal Cost Component 4.04. Taxes or Fees ............... 4.05. Billing and Paymen~ ....... 4.06. Construction Costs .............. 4.07. Addition of Traffic Signal ......... 4.08. Service Fee on Wood Waste and Yard Wastc ..... 4.09. Self Haul Service Fee .............. 4.10. Load Check Hazardous Waste ........... ~7 4.11. Recycling Fees ................. ~7 4.12. Change Orders .................. 2__~S ARTICLE 5. ALLOCATION OF RISK; UNCONTROLLABLE CIRCUMSTANCES 2_~8 5.01. Contractor Relianc~ ............... 2--8 5.02. Uncontrollable Circumstances .......... 2-8 5.03· Notification .................. 28 5.04. Alternative Service ArranGements . . . 2~ -- · · . · · ,,, ~ 5.05. Insurable Uncontrolled Circumstances ...... 2_2 ARTICLE 6. INDEMNIFICATION ................. 29 6.01. Hold Harmles~ .................. 29 ARTICLE 7. SURETY ..................... 7.01. Operational Performance Bond ........... 29 7.02. Construction Performance Bond .......... 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 ................... 3__~0 8.01. Assignment ................... 30 ARTICLE 9. DEFAULT ..................... 31 9.01. Contractor Defaul~ ............... 3! 9.02. Consequences of Contractor Defaul~ ........ 32 9.03. Default Procedur~ ................ ~3 9.04. The City's Use of Contractor E_cruipmen~ ...... ,2~ 9.05. Remedies NOt Exclusive ............ 35 ARTICLE 10. INSURANCE ...... ~ · · e · · . . · e · · · ~ ~ 10.01. Insuranc~ .................. ~= 10.02. Fire and Damage Insurance .......... 7~ ARTICLE 11. DISPUTE RESOLUTION ............... 11.01. Independent Engineer .............. 11.02. Independent Engineer Costs ........... 11.03. Arbitration for Specified Disputes Only ..... 11.04. Determination ................. 11.05. Studies and Surveys .............. 11.06. Optional Arbitration .............. .~n ARTICLE 12. OBLIGATION TO PURCHASE ............ S:\U\Agrmts98\Trans4.wpd April 9, 1998 12.01. Purchase of Improvements and Equipment . . . 12.02. Purchase or Lease of Sit~ ........... ARTICLE 13. GENERAL PROVISIONS ............... 13.01. Governing Law .................. 13.02. Severabili~y .................. 13.03. Time of the Essence; No Waiver ......... 13.04. Construction of Terms ............. 13.05. Personal Liability ............. 13.06. Subsidiary_ Contract~ .............. 13.07. Independent Contractor ............. 13.08. ~LQJ%i_C~ .................... 13.09. Article, Section and Subsection 13.10. Amendment or Waiver .............. 13.11. IntegratioD .................. 13.12. Execution in Counterparts ....... ARTICLE 14. TERM ........... 14.01. Term of Contrac~ .............. _, ~ --- ARTICLE 15. CONDITION TO CONTRACT ............ ~ S:\U\Agrmts98\Trans4.wpd Apr%l 9, 1998 AGREEMENT This Contract is 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"), with reference to the following facts: 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 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 S:",U\Aqrmts98\Trans4.wpd ADril 3, !998 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 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 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 S:\U\Agrmss98\Trans4.wp~ Aprit 9, 1998 (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 any item which does not constitute a fixture of the Transfer Station. 1.05. "Consumer Price Index" (CPI) means the Consumer Price Index For All Urban Consumers (1982-1984 = 100), U.S. City Average, All 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 (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 S:\U\Agrmts98\Trans4.wpC April 9, 1998 6 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 Protrero 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: (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 S:\U\Agrm~s98\Trans4.wpd April 10, 1998 7 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 AX 42 U.S.C. 9601, et seq., as amended, and regulations promulgated thereunder; and (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. 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 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 liaDility 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. S:\U\Agrmts98\Trans4.wpd April 9, 1998 8 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. 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 .... , attached hereto and incorporated herein. "" -. 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. 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: S:\U\Agrmts98\Trans4.wpd Aprll 9, t998 9 (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. (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; S:\U\Agrmts98\Trans4.wpo April 9, 1998 10 (k) failure of any other governmental agency or department to issue any Permit required under 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 D2LQt~L~_~, 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 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; S:\U\Agrm~s98\Trans4.wpd Apr!i ~, !998 11 (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; (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 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 S:\U\Agrmts98\Trans4.wpd April 9, 1998 12 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; (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; S:\U\Agrmts98\Trans4.wpd April ~, 1998 13 (n) concrete slab material exceeding 2 feet on a side and 6 inches thick; (o) tree stumps exceeding 18 inches in diameter; (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 Design. Permitting and Construction (a) D_~. 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 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 S:~,U\,Agrmts98\Trans4.wpd April 9, 1998 14 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 retain a licensed contractor to perform such work, Contractor will seek the lowest qualified.bidder. 2.02. Start of Operation~. Contractor will begin full operation of the Transfer Station on the date designated by the City, which will correspond to the cessation of landfill operations at the City landfill, and which will not be earlier than November 1, 1999, unless prior to May 1, 1999, the City notifies Contractor of a later date; provided, however, that in no event shall the date for start of operations be later than May 1, 2000. 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 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 (5~h) 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 S:\U\Agrmts98\Trans4.wpd April !0, 1998 15 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 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. (h) Comply with any operational standards contained in any Permits, entitlements for use or approvals issued in 3:'~U\Agrmts98\Trans4.wpd ~r~ ~, ~99~ 16 connection with the siting, construction or operation of the Transfer Station. 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 commercial 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. 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. $_~. 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; S:\U\Agrmts98\Trans4.wpd April 9, 1998 17 (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 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. 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 S:\U\Agrmts98\Trans4.wud April 9, 1998 18 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. 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 tQ 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 Prohibite~. Contractor shall not knowingly accept Unacceptable Waste at the 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 S:\U\Agrmts98\Trans4.wpd April 9, 1998 19 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 safety 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 Transker 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; 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 equipmenn 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 S: ,'3\Agrmss98\Trans4.wpc ~P:~ ~, ~ 20 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 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 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 S:\U\Agrmts98\Trans4.wpd April 9, 1998 21 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. ' 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 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 S:\U\Agrmts98\Trans4.wpd April 9, 1998 22 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 city in Mendocino County or from the unincorporated areas of Mendocino County a Service Fee which is more than it charges users from the City under the terms of this Contract, or users 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: (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 from the City, 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 forth in Exhibit A until July 1, 2001, and will thereafter be subject to adjustment as hereafter provided. S:',U\Agrmts98\/rans4.wpd ~r~ 9, ~99s 23 (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 within thirty (30) days of notice from the City. The existing level of the City Surcharge is $ per ton and may be increased or decreased at the sole discretion of 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, 2001, and each July 1 thereafter, 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 S: \U'~Agrmts98\Trans4 .wpd April 9, 1998 24 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. 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 utilities 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,' Contractor shall not be entitled to an adjustment to reflect such fees or taxes under this Section 4.04. 4.05. Billing and Pa_vmen~. 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. S:\U\Agrmts98\Trans4.wpd April 9, 1998 25 (a) Contractor shall use reasonable business efforts for a period of not less than ninety (90) days to obtain a low interest construction loan through the California Pollution Control Finance Agency. (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 the lesser of (a) or (b), where (a) is $12.48 (per ton) (amortized over 10 years at an 8% annual interest rate) and, (b) is an amount per ton equal to (i) divided by (ii), where (i) is the annual payment necessary to fully amortize in equal annual payments over ten (10) years the Construction Costs plus interest on the unpaid balance at the actual interest rate of the Construction loan or eight percent (8%) per annum, assuming that such payments were made at the end of each year, whichever is less, and (ii) is the projected Solid Waste tonnage per year to be received at the Transfer Station, redetermined annually; provided, however, that if the total cost of off-site0mitigations required by Mendocino County in excess of $350,000. 0, including the traffic signal described in Section 4.07, when added to all other Construction Costs exceed $2,106,885, then the amount by which the total Construction Costs for such off-site mitigations exceed $350,000.00 shall be amortized as stated in clause (b) above and added to the rate stated in clause (a) above. The projected Acceptable Waste tonnage shall be determined by Contractor based on the expected use by commercial haulers and Self-Haulers, except that in the first year it will be assumed that the Transfer Station will receive 15,000 tons of Acceptable Waste, excluding wood waste and yard waste. Contractor shall request not less than~one-year use agreements with each prospective local government jurisdiction and/or commercial hauler in Mendocino County. The previous twelve (12) months' Acceptable Waste generation of each participating jurisdiction or commercial hauler plus the expected tonnage from Self-Haulers shall be used to project the upcoming year's tonnage. Appropriate adjustments in this method for determining the Construction Cost Component shall be made by agreement of Contractor and City to accurately assess on each ton of solid waste its fair share of the annual debt service, and to ensure that Contractor is reimbursed the actual annual debt service cost, and no more. The amount per ton set forth in clause (a) above shall be adjusted as further provided herein if the City is the sole source of Acceptable Waste when the Transfer Station commences operations. At the end of the first year of operation of the Transfer Station, the amount per ton set forth in clause (a) shall be increased if during that first year the Transfer Station receives less than 15,000 tons of Acceptable Waste, excluding recyclable materials S:\U\Agrmts98\Trans4.wpd April 9, 1998 26 such as wood and yard waste. The amount in clause (a) shall be increased to an amount that will insure that Contractor receives an annual Construction Cost Component payment of not less than $175,950 (15,000 tons x $11.73 per ton) per year for twenty years. 4.07. Addition of Traffic Signal. No costs related to installation of a traffic signal at the project entrance onto South State Street have been included by Contractor in estimating total facility Construction Costs. If the County of Mendocino determines that such a traffic signal is necessary, Contractor shall pay any portion of the traffic signal installation costs that cannot be funded from other sources, and those costs of Contractor will be added to the total Construction Costs of the project as described herein. 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%). 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 or another provider 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 thereof, plus ten percent (10%) to compensate Contractor for handling such recyclables; provided, however, if three of the four current members of MSWMA executed twenty (20)-year agreements with Contractor which S:~,U\Agrmss98\Trans4.wpd April 9, 1998 27 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 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 S:~,U~,A~rmss98\Trans4.wpd Apri: ~, ~99s 28 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 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 Bon~. 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 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). With the consent of the surety, the performance bond posted by Contractor under the Franchise Agreement may serve as the performance bond required by this Section. S:\U\Agrmts95\Trans4.wpd April 9, 199~ 29 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 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 S:\U\Agrmts98\Trans4.wpd April i0, 1998 30 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 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 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. S:%U\Agrmts98\Trans4.wpd April I0, i998 31 (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 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; (iii) pursue any combination of the forego±ng or any other remedy provided under this Contract; or S:,,U\AgrmssP~',?rans4.wpd April 9, 1996 32 (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 remedies, 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 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) ~_Q~. To initiate default proceedings under this Section, the City shall give written notice to Contractor and its Surety describing the nature of the $: ~U\Agrmts98\Trans4.wpd April 9, !998 33 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 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. (d) Uncontrollable Cir~umstance~. 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 Ecuipment. If the Contract is terminated for cause by the City, the City or its agents may utilize all of 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 S:\U\Agrmus98\Trans4.wpd April 9, 1998 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 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 "any auto" and endorsement CA 0025. (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. All materials and equipment in any off-site 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. S:\U\Agrmts98\Trans4.wpd April 9, 1998 35 (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 damaqe. If Commercial General Liability Insurance or o~her 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 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 S:~,U\,Agrmss98\Trans4.wp~ April 9, 1993 36 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. (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 EmDloyer'~ Liability Coveraae. The insurer shall ~gree 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 Coveraaes. Each insurance policy required by this Secti6n shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits 'except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (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 s~atute, the City's workers' compensation-related ~orms cannot be used, equivalent forms S:\U\Agrmts98\Trans4.wpd ~p~ 9, ~ 37 approved by the Insurance Commissioner are to be substituted. All 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. All 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, 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 Engineer. 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 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 S:\U\Agrmts98\Trans4.wpd April 9, 1998 38 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 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. S:\U\Agrmts98\Trans4.wpd April 9, !998 39 11.04. Determination. The Independent Engineer shall make its determination based on the submissions of the Parties, the provisions hereof, and other 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. 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 Sire. 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 S:\U\Aqrm~s98\Trans4.wpd April 9, 1998 40 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 waste contamination arising prior to City's purchase of the Site. 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 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. 13.0'2. Severabili~y. 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. S:\U\Agrmts98\Trans4.wpd April 9, 1998 41 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. 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. ~L~. 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 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: S: ,U\Agrmss98\Trans4.wpd April 9, 1998 42 the City shall address all notices and correspondence to Contractor to Contractor,s representative as follows: 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. All Article, Section or subsection headings contained in this Contract are for convenience and 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. Inteqratio~. 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 origina~ counterparts. All such counterparts shall constitute but one and the same Contract '. ARTICLE 14. TERM 14.01. Term of Contract. The term of the Contract shall continue for ten (10) years beginning on the date of the start of operation of the Transfer Station pursuant to Section 2.02, unless terminated earlier pursuant to terms of the Contract. The term of the Contract shall be automatically extended for an additional term of ten (10) years on the same terms and conditions unless, at least one hundred eighty (180) days prior to the end of the initial ten (10) year term, the City gives Contractor written notice of its intent that the Contract not be so extended. If the City gives such notice, the Contract shall terminate at the end of the initial ten year term and the City shall be obligated to purchase the improvements and the equipment from Contractor and to purchase or lease the Site from Owner as provided in Sections 12.01 and 12.02. S:\U\Agrmts98\Trans4.wpd April 9, 1998 43 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: , 199 "C i ty" THE CITY OF UKIAH, a municipal corporation By: Its: ATTEST: By: Date: , 199 Date: 199 Date: , 199 "Contractor,, SOLID WASTE SYSTEMS, INC., a California corporation By: James Ratto, President "Owl%e r" NORTH BAY CORPORATION, a California corporation By: S:\U\Agrmts98\Trans4.wpd April 9, 1998 4 4 SOLID WASTE SYSTEMS, INC. TAYLOR AVENUE TRANSFER STATION EXHIBIT A SCENARIO 1 TONS OPERATIONS TRANSPORT DISPOSAL CONSTRUCTION SCENARIO 2 TONS OPERATIONS TRANSPORT DISPOSAL CONSTRUCTION SCENARIO 3 TONS OPERATIONS TRANSPORT DISPOSAL CONSTRUCTION SCENARIO 4 TONS OPERATIONS TRANSPORT DISPOSAL CONSTRUCTION TRUCK HAUL* 15,030 $ 7.60 11.54 19.00 12.48 $50.62 TRUCK HAUL* 27,090 $ 7.60 11.54 19.00 $49.46 TRUCK HAUL* 39,595 $ 7.60 11.54 19.00 7.75 $45.89 TRUCK HAUL* 49,702 $ 7.60 11.54 19.00 6.17 $44.31 RAIL HAUL 15,030 $ 7.60 19.52 21.00 17.09 $65.14 RAIL HAUL 27,090 $ 8.44 17.20 21.00 12.33 $58.97 RAIL HAUL 39,595 $8.44 16.48 21.00 8.44 $54.36 RAIL HAUL 49,702 $ 8.44 15.82 21.00 $51.98 *TRUCK HAUL OPTION INCLUDES RAIL SPUR 4:pw:swshaul lOa ITEM NO, DATE: April 15, 1998 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF LEASE FOR A PORTION OF THE UKIAH REGIONAL AIRPORT WITH CALSTAR SHOCK TRAUMA AIR RESCUE SERVICE Airport staff has been approached by Calstar Shock Trauma Air Rescue Service regarding leasing a portion of the airport in order to provide base support for their operation. Calstar is a non-profit medical emergency helicopter transport service which operates 24 hours per day. Attached is the proposal submitted by Calstar and a brief resume of the organization. The proposed lease includes approximately 300 square feet of detached office space which is currently vacant, and ground area of approximately 3,500 square feet. Term of the lease is for five years with rent commencing at $500 per month, increasing annually by 2% or the CPI, whichever is greater. In addition to the existing office space, Calstar will be locating two of their own portable structures on the site in order to provide overnight staff facilities and additional office support. All improvements, including landscape and structural improvements will be completed by Calstar at its sole expense. The proposed lease represents an opportunity to bring to our community a valuable emergency medical service as well as increased revenue to the Airport. Based upon these benefits staff is recommending approval of the five year lease with Calstar and authorization for the City manager to execute agreements. RECOMMENDED ACTION: Approve lease with Calstar Shock Trauma Air Rescue Service and authorize City Manager to execute agreements. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine lease requires revision and adopt as revised. 2. Determine lease is inappropriate and do not approve. Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: Prepared by: Coordinated with: Attachments: Acct. No.: N/A (if budgeted) Calstar Shock Trauma Air Rescue Service Larry W. DeKnoblough, Community Services Director Candace Horsley, City Manager Don Bua, Airport Manager 1. Proposed Lease 2. Calstar Organizational Resume APPROVED:'.(~--~ ! ,~k~L,.., ~a(~e Horsley,-Oi~y Manager LD2 ~ CALSTAR.ASR LEASE AGREEMENT This Lease, made this~ day of ,19 , by and between the City of Ukiah, State of California, acting by and through its City Council, hereinafter referred to as "Lessor" and Calstar Shock Trauma/Air Rescue Service, a non-profit corporation organized and existing under and in compliance with the laws of the State of California and its officers, hereinafter referred to as "Lessee." RECITALS: 1. Lessor has the authority contained in Government Code { { 37380 and 37395 and does determine that the use of cert ~.ain property owned by the Lessor is not required for its use at this time and is available for Lease, and 2. The use of said property by the Lessee would be and is beneficial for the citizens of the City of Ukiah. LEASE AGREEMENT 1. LEASE. The parties hereto agree that on the terms and conditions hereinafter expressed, Lessor does hereby let to Lessee and Lessee does hereby hire from Lessor approximately 300 square feet of office space and a portion of that certain parcel of property commonly referred to as "Ukiah Regional Airport", more specifically described on the attached "Exhibit A" or together with a right of access thereto. 2. TERM. The term of this Lease is for a period of five (5) years commencing on the date set forth above. -1- 3. RENT. As rent for the term hereby demised, Lessee agrees to pay to Lessor the sum of $500 per month for the first year. Each year thereafter shall be increased by 2% or the Consumer Price Index, whichever is greater. 3.1. Lessee specifically represents that the purpose of this lease is to construct, operate, and maintain a shock/trauma air rescue service for the Ukiah area. 3.2. Lessee further represents that any profits earned from the use of the leased premises will be used in the manner required by California laws governing non-profit corporations, and specifically the provisions of Corporations Code Section 51401e, or any successor provision that requires Lessee to use any profit it earns from business activity for its non-profit public pm'pose as set forth in its Articles of Incorporation and By-Laws. 4. USE AND IMPROVEMENTS. Lessee hereby agrees to install all temporary improvements which are necessary for the operation of Lessee's air rescue service. 4.1. Lessee shall use the leased premises exclusively as general office and housing for staff support services. 4.2. Improve~ms, excavations, removal of any trees, brush, grass or improvements and other modifications to the property and structures shall be the sole responsibility of Lessee and shall be approved by Lessor prior to conducting work. Lessee shall prepare plans and specifications for said improvements and obtain approval prior to work on the leased premises. 4.3. Lessee agrees to keep the premises and all improvements in good repair and order, and to bear the full cost for maintenance of all improvements. 4.4. Lessee shall acquire the necessary and required permits from the appropriate regulating body for the development proposed under this lease. -2- 4.5. Lessee is responsible for the relocation, alteration, removal, construction, reconstruction of any mtmicipal or private facilities, structures or utilities existing on leased premises which are presently in use or abandoned. 4.6. Lessee shall not use or permit the leased premises to be used except in full compliance with all roles, regulations, laws or ordinances of the City of Ukiah, Ukiah Regional Airport, and the State of California. 4.7. Lessee shall not maintain any nuisance on the leased premises or engage in any activity that unreasonably interferes with the use of the Ukiah Regional Airport by Lessor and the general public. 4.8. Lessee shall not be responsible in any way for landscaping or landscape maintenance of the surrounding area of the leased premises. 5. ASSIGNMENT. Lessee will not assign this Lease or any interest therein and will not let or underlet the said premises or any part thereof without the prior written consent of the Lessor. 6. INDEMNIFICATION AND INSURANCE. 6.1. Lessor shall not be liable for and is free from the cost of any damages for personal injury or property damage resulting from the use made by Lessee of the demised premises, any defective condition or faulty construction of the demised premises existing at the time of letting or arising thereafter and Lessee covenants and agrees to indemnify and save harmless said Lessor and its officers, agents and employees from and against any and all liability, loss, cost, or other obligation, including reasonable attorney's fee, on account of or arising out of any such injuries or losses however occurring. 6.2. Lessee covenants and agrees during the life of this Lease at Lessee's sole expense to comply with the requirements of Exhibit B, Insurance Requirements for Lessees (No Auto Risks), attached hereto and incorporated herein by reference. -3- 6.3. Notwithstanding the provisions of Exhibit B requiring Lessee to procure worlanen's compensation insurance, Lessee need not procure such insurance provided all of the fol- lowing conditions are met: a. It maintains its status as a non-profit tax exempt organization; b. It's Board of Directors takes no action to designate any person providing services or work to the organization as its employee; and c. All persons performing services for the organization do so strictly as volunteers without receiving any compensation whatsoever. Lessee shall immediately notify Lessor if it fails to meet all of the conditions of this paragraph 6.3 and shall inanediately thereafter comply with the workmen's compensation provisions of Exhibit B. 6.4. In the event of damage to any knprove~nts on the leased premises, Lessor 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 receipt of insurance funds paid for the purpose of reconstruction, and shall be pursued diligently to completion. 7. TERMINATION. 7.1. Lessor can cancel this Lease immediately for any breach of this lease by Lessee without any prior notice to Lessee. 8. ATTORNEY'S FEES. In the event of any legal action arising out of this Lease, the prevailing party shall recover its attorney's fees and costs resulting from such action. 9. TIME OF ESSENCE. Time is of the essence of this agreement. -4- 10. WAIVER. City's waiver of any default in Lessee's performance of any condition of this Lease, including the obligation to pay rent, shah not constitute a waiver of remedies available for a subsequent breach of the same or a different condition of this Lease. Acceptance of subsequent rental payments from Lessee or its assignees shall not constitute a waiver of the failure of Lessee to pay rent or obtain prior approval to an assignment of this Lease. 11. NOTICES. Any written notice required hereby shall be deemed sufficient when placed in the United States mail, postage prepaid and addressed as follows: TO LESSEE: TO CITY; Calstar Shock/Trauma Air Rescue City Manager Ukiah Civic Center 300 Seminary Avenue Ukiah, CA 95482 2. RECORDING AND BINDING EFFECT This Lease may be recorded and shall be binding upon and inure to the benefit of any successor to or purchaser of either party's interest. 13. PARAGRAPH HEADINGS. Paragraph headings are included for the convenience of the parties and are not intended to define or limit the scope of this Lease. 14. PREVIOUS AGREEMENTS. Any and all existing statement or agreements, whether oral or written, or renewals thereof, between the parties hereto, covering the same subject matter, are hereby canceled and superseded by -5- the terms of this Lease, and such prior agreements, statemems or understandings shall have no further force or effect. 15. DUPLICATE ORIGINALS. This Lease may be executed in one or more duplicate originals bearing the original signature of both parties and when so executed any such duplicate original shall be admissible as proof of the existence and terms of this Lease. Entered on the date first written above. ATTEST: Colleen Henderson, City Clerk CITY OF UKIAH By: CALSTAR By: ld/agteemems calstar.agr -6- V V V V 425' / / / / Exhibit "B" INSURANCE REQUIREMENTS FOR LESSEES (NO AUTO RISKS) Lessee 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 Lessee's operation and use of the leased premises. The cost of such insurance shall be borne by the Lessee. Minimum Scope of Insurance Coverage shall be at least as broad a~: 1. Insurance Services Office Commercial General Liability coverage ("occurrence' form CG 0001). 2. Workers' Compensation insurance as required by the State of California and Employer's Liability insurance (for lessees with employees). 3. Property insurance against all risks ..of. loss to any tenant improvements or betterments. Minimum Limits of Insurance Lessee shall maintain limits no less than: 1. General Liability: $1,000,000 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. 2. Employer's Liability: $1,000,000 per accident for bodily injury or disease. 3. Property Insurance: Full replacement cost with no coinsurance penalty provision. 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 the Lessee shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. ".. Other Insurance Provisions The general liability policy is to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees and volunteers are to be covered as insureds with respect to liability arising out of ownership, maintenance or use of that part of the premises leased to the lessee. 2. The Lessee's insurance coverage shall be primary 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 excess of the Lessee's insurance and shall not contribute with it. Insurance Requirements in Contracts 3. Each insurance policy required by this clause shall be endorsed to sta:.e that coverage shall not be canceled, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of Insurers Insurance is to be placed with insurers with a current A.:.I. Best's rating of no less than A:VII. Verification of Coverage " Lessee shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. A.ll certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time. .. . .. Insurance ~equirements in Contracts March 17, 1998 Ukiah Regional Airport ATTN.. Don Bua, Manager 1411 South State St. Ukiah, CA 95482 RE: Air Ambulance Proposal Mr. Bua, CALSTAK, California Shock Trauma Air Rescue,is a non-profit community service. Presently CALSTAR operates 4 BO-105 twin engine helicopters in support of three Air ambulance bases located in Concord, Gilroy, and Auburn, CA. We would like to base our fourth 24 hour emergency medical service helicopter air ambulance at your airport. CALSTAR would like to rent property to place a 24X60 and 12X60 modular structure to house our medical crews and administrative staff. In addition, CALSTAR would like to rent the 12X28 office unit from the City of Ukiah to be used as the Program Director's office. All buildings will be located in the area south of the old flight service building. The crews will be on site 24 hours a day, 365 days a year, in response to the 911 system and inter-facility transports. CALSTAR would base a BO 105 helicopter in support to Mendocino and outlying counties in order to enhance the community when it comes to fast, professional air ambulance service. CALSTAR's proposed start date is April 15, 1998, Mendocino County permits have been approved. Anything that CALSTAR can do to assist in this transition will be done gladly. If you should need any further information, I may be reached at (510) 887-3063 or my pager (510) 264- 7044. CALSTAR Director of Operations [] .~DMINISTRATION 20876 B. C~r~',r Blvd. Haywarcl, CA 94545 Phone: (51~) ]~7-3063 Fax: (510) ~87-3185 [] CALST~R I 177 John G,e.n,n Drive Concord, CA 94520 Phone: [5101 7~8-7670 Fax; (5101 7~8-7798 [] CALSTAR II 449 Leaveslev, Surre G Gilro¥, CA ;5320 Phone: (4.081 848-2075 Fax: (408) 848-2385 [] CALSTAR 111 13750 LJnCO n ~Vav Auburn, CA -;5063 Phone: (916i ~57-056o Fax: [916) ~7-~ 2.69 CALIFOIRN:A SHOC-~-~AUMA AIR RESCUE CALIFORNIA SHOCK/TRAUMA AIR RESCUE CALSTAR A REGIONAL, PUBLIC, NON-PROFIT HELICOPTER AMBULANCE ORGANIZATION & BACKGROUND I. THE NEED According to the American Trauma Society, trauma is the number one cause of death in the United States for persons under the age of 44. Trauma is defined as an acute personal wound or injury requiring immediate care. Between 140,000 and 160,000 trauma related deaths occur nationwide every year. For each death, at least two permanent disabilities occur, leading to a great loss of productivity and enormous disability costs. The total annual cost of accidental death and disability in the United States is estimated to exceed $110 billion. Despite the staggering loss of life, productivity and great cost to our society, trauma remains "the neglected disease". For trauma victims, medical treatment within one hour, often referred to as the "Golden Hour", can prevent 20-30 percent of potential deaths and dramatically reduce hospitalization times. Nationwide, helicopter air ambulance programs are a key vehicle in delivering thousands of trauma victims to trauma centers within the "Golden Hour". Frequently, patients accepted by a hospital for routine care can deteriorate or develop complications requiring immediate transport to another hospital for specialized treatment. Ground ambulance services are not normally staffed to provide the level of patient care required of many critically ill patients. Commitments to county emergency services often limit ground ambulance availability. Patient time outside the hospital environment and the level of patient care required, are important transport considerations. Critical Care Transport requires transport medical staff to maintain proficiency in a myriad of patient disciplines. Federal OBRA/COBRA legislation passed in 1989 and 1991 place the responsibility for patient transports clearly on the sending hospital physician. Yet a lack of physicians and nurses for transports at the sending facility can cause a significant delay in the transport of patients to receiving hospitals for urgently needed specialty care. As the medical industry continues to face increased competition and pressure to limit charges, median patient condition prior to transport continues to deteriorate. This results in a need for immediate rapid transport of patients between hospital facilities that frequently can only be met by helicopter ambulance. II. THE COMPANY & MISSION: CALSTAR is a stand alone 501(c)(3) non-profit organization founded in June 1983. The mission of the company is: "TO PROVIDE RAPID AIR TRANSPORTATION, QUALITY MEDICAL CARE AND EDUCATION IN ORDER TO SAVE LIVES, REDUCE DISABILITY AND SPEED RECOVERY OF VICTIMS OF TRAUMA AND ILLNESS" III. PROGRAM OBJECTIVES mo To provide a medical transportation system available on a 24-hour basis that brings rapid, on-site medical care to critically-ill anWor injured patients. g. To transport those patients from the scene, or from community medical facilities to specialized treatment centers for definitive care. C. To specialize in the air transport of pediatric patients. D, To provide the Northern California medical emergency services community, with specialized education and training in the initial resuscitation, stabilization and transportation of critically ill and critically injured patients. E. To provide a cooperative, nonprofit health care organization model to be utilized in other parts of California and the nation. F. To provide County Emergency Medical Services Agencies of California assistance and input in developing appropriate helicopter ambulance utilization regulations, coordinated with other County EMS pre-hospital care resources. G. To provide educational programs for training first and second responders in helicopter operations, pre-hospital care and preparation of critical trauma patients for transport to Trauma Centers. Education and familiarization programs are also available for departments of both sending and receiving hospitals. IV. MEDICAL CONTROL, PROCEDURES, & QUALITY ASSURANCE Medical Control is provided by CALSTAR's Medical Director. Nurses provide care under CALSTAR's Medical Control in accordance with the California Nurse's Practice Act of 1974. Care is provided in accordance with company procedures, protocols and standardized procedures (expanded roles). All of the medical care provided by CALSTAR comes under close scrutiny in 2 the organization's Quality Assurance Program. This program is protected under section 1157.5 of the California Evidence Code. Medical Control for "911" scene transports is established by agreement with each county. V. AVIATION AUTHORITY Most helicopter ambulance programs contract for flight operations with an outside vendor. CALSTAR operates under its own FAA Part 135 Air Carder Certificate and is directly responsible to the FAA for all aspects of flight operations and aircraft maintenance. By operating under its own certificate, tighter control is maintained over crew training and aircraft maintenance areas. This results in improved crew teamwork, reduced aircraft downtime, improved management and better communications, all of which contribute to safer operations. CALSTAR operates four helicopter ambulances, all MBB BO-105 helicopters. These twin turbine helicopters combine high performance and quietness of operation with reliability and economy. These characteristics have made this aircraft very popular with helicopter ambulance programs around the world. VI. THE ORGANIZATION A. Organizational Model CALSTAR was the first public nonprofit helicopter ambulance supported by a consortium of corporations and hospitals in the nation. CALSTAR's orgamzational model was developed to avoid the cost inefficiencies inherent in many hospital based helicopter ambulance programs. Helicopter ambulance programs operated by single hospitals invariably become loss leaders for those institutions with other patients subsidizing the revenue loss. CA£STAR was designed in anticipation of continuing cost containment trends in health care reimbursement that are impacting existing helicopter programs. As insurers have attempted to reduce payments for patient transportation by helicopter by adopting more stringent medical necessity criteria, or capping payment rates, single hospital programs face termination, consolidation, or shared support relationships similar to CA£STAR. B. Flight Crew A pilot and two critical care flight nurses (RN's) make up the CALSTAR flight crew. Pilots must have a commercial rotorcraft instrument rating with a minimum of 3000 hours of turbine helicopter flight time. Flight nurses have five years experience in the care of criticallly ill or injured patients and most have prehospital care experience prior to joining CALSTAR. Alt flight nurses undergo an intensive training course (didactic & clinical) in aeromedical transport, pediatrics, trauma and prehospital care prior to commencing flight duties. Additionally flight nurses are trained in 3 expanded roles which include but are not limited to rapid sequence induction (RSI), nasal and oral intubation and surgical cricothyrotomy. The nurses are required to maintain the following certifications: · Certified Flight Registered Nurse (CFRN) · Critical Care Registered Nurse (CCRN) · Advanced Cardiac Life Support (ACLS) · Pediatric Advanced Life Support (PALS) C. Basing CALSTAR's flight crews respond from fixed bases in Concord, Gilroy, Auburn and Ukiah, California. CALSTAR' s headquarters is at the airport in Hayward, California. All administration, maintenance and training facilities are at Hayward, central to the reg/on. Temporary bases are used during seasonal weather or to meet unusual mission requests. D. Education & Training To enhance safety in "911" scene operations CALSTAR provides a comprehensive training program in aircraft operations to fire departments, law enforcement or other first responding agencies in the "911" emergency system throughout California. This training includes such subjects as: · Aircraft safety · Patient preparation for transport · Landing zone selection and control · Patient Loading requirements Programs in preparation and receiving of aeromedical patients are available to all hospitals using CALSTAR. Similar programs in helicopter operations as well as education and training on the management of critically ill/injured patients are provided to EMS ground ambulance responders throughout CALSTAR's area of operations. me Additional and Specialized Transportation CALSTAR provides helicopter transportation for medical teams and supplies. Member hospitals may also participate in the development of specialized transportation programs for neonatal, transplantation or cardiac patients requiring special equipment and medical personnel. F. Corporate Structure California Shock Trauma Air Rescue (dba) CALSTAR, is a California nonprofit public benefit corporation founded in 1983. Planmng and development funding was provided by the McKesson Corporation and other Bay Area organizations. Present ongoing support funding is provided by public and corporate contributions and member hospitals in Northern California. The CALSTAR organizational structure will support many member hospitals as well as corporate and individual members. CALSTAR manages the majority of the components of the program and subcontracts some for economic reasons. Orgamzational components include: 1. Administration 2. Medical Direction 3. Program Management 4. Aircraft Maintenance 5. Medical Operations 6. Flight Operations 7. Dispatch 8. Finance 9. Receivable' s/Collection 10. Media/Public Relations 11. Quality Assurance/Research G. Governance The CALSTAR Board of Directors is composed of individuals and representatives from hospital and corporate members who have provided financial support for the company. The Board oversees the organization to ensure that sound business, medical and aviation practices are followed. This group works with management to establish short and long term goals consistent with the mission of the company and its program objectives. VII. ACCOMPLISHMENTS Since CAL~TAR commenced flight operations in August of 1984, almost 8000 critically injured or ill patients have been transported on an emergency basis to hospitals throughout Northern California. Today, over ninety percent of these flights are in support of Northern California's "911" Emergency Services network. Over fifty percent of CALSTAR's flights have been transporting children. Safety has been CALSTAR's key objective. To date CALSTAR has flown over 10,000 accident/incident free flying hours in the performance of its mission. VIII. THE FUTURE Since its inception, CALSTAR has established a solid financial foundation and a reputation for providing high quality medical care and aviation operations. Additional contributions and membership support is needed in order to: · Expand CALSTAR's service area to cover more of California and improve response times with more program helicopters and crews. · Continue to upgrade the level of care provided through the acquisition of newly introduced equipment for this specific medical application. · Develop helicopter transport systems for patients presently not served. · Further develop and expand CALSTAR's pediatric and neonatal transport capabilities.