HomeMy WebLinkAbout1998-04-01 PacketComparative Costs of Transportation
Ukiah to San Francisco Airport
Community Air (One Way)
5% Dividend
Total
$49.00
$46.55
By Automobile (One Way)
130 miles @ 30¢ per mile
Golden Gate Bridge Toll
Time over air flight: 2 hrs @ $15/hr
Cellular phone charges
Lunch
Parking: 2 days
Total
$39.00
3.00
30.00
?
·
"2
·
,1, 8 ,' 30.00
$90.00+
Park & Fly
Miles, toll & time
Using 1/2 Park & Fly instead of parking:
$90 - 130 per night, half at $45
$ 72.00
45.0~
$117.00+
By Airporter Bus (One way)
Cost of your time for 3 hours @ $30/hour
20/hour
lO/hour
(minimum wage) 5.75/hr
Total at $30/hr
Total at $20/hr
Total at $10/hr
Total at minimum wage
$30.00
90.00
60.00
30.00
! 7.25,
$120.00
90.00
60.00
47.25
Community Air Vision
We are an innovative model in the airline industry that celebrates the human
spirit. We provide extraordinary service to all people. We provide the highest
standards of excellence in safety, maintenance service, comfort and enjoy-
ment. '
Mission Statement
We are a visionary company committed to creating a future in the airline indus-
try that champions the heart, fairness, simplicity, and celebrates the human
spirit.
We commit to provide the highest standards of excellence in safety and mainte-
nance, personal service, comfort and convenience to all our customers, from
initial contact to arrival at destination.
We are a listening organization - we listen generously to all our stakeholders:
our customers, our employees and the communities we serve.
We are committed to having the best industry record for on time arrivals and de-
partures.
We are committed to being an organization in which people can thdve and grow.
We will provide the same caring, dignity and respect within the organization that
we expect our people to sham with every Community Air customer and associ-
ate.
We are committed to be the leaders in environmentally sustainable and respon-
sible action in our industry.
We commit to our core values as our primary guiding principle in all decisions,
policies and practices as we grow and expand.
We are committed to be community based and to have our presence open up
opportunities and be a positive influence in each area we service.
We are committed to financial integrity and sound financial management.
We are committed to prosperity for all stakeholders of our company.
MINUTES OF THE UKIAH CITY COUNCIL
Regular Meeting - March 18, 1998
A regular meeting of the Ukiah City Council, the agenda for which was legally noticed and posted,
convened at 6:33 p.m. in the Ukiah Civic Center Council Chambers, 300 Seminary Avenue, Ukiah,
California. Roll was taken and the following Councilmembers were present: Chavez, Ashiku, Kelly,
Mastin, and Mayor Malone. Absent: None. Staff present: Public Utilities Director Barnes, Police
Sergeant Dewey, Finance Director Elton, Customer Service Representative Gooddck, Assistant City
Manager Harris, City Manager Horsley, Public Works Director Kennedy, City Attorney Rapport,
Planning Director Sawyer, Senior Planner Stump, Police Operations Captain Williams, and City Clerk
Henderson.
2. Pled_ae of Alleoian~e
Councilmember Mastin led the Pledge of Allegiance.
3. Special Order of Businets
.~::::.:
3a. Proclamation In Suooo~ of the 60th Annual Redwood Reqion L~oino Confemnc~
Mayor Malone read the proclamation supporting the 60t~!ilannual'i~:~d Region Logging
.~:::::: :::.: .......
4a. Regular Meetine. March 4. 1998 ili[ili:ii:ili::~ .......
MIS Kelly/Mastin to approve the Minutes of the Regular'Meeting~ofMarch 4, 1998, as submitted,
carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and
Mayor Malone. NOES: None. ABSTAIN: None, ABSENT:
5. RIGHT TO APPEAL DECISION ~
Mayor Malone reviewed tho appea procesS!? .....
6. CONSENT CALENDAR ~i:~i!!i'i~:i~' :=?!~: ...... ~'iii:ii~i!iii
MIS MastinlChevez to approve th~::*~C~sent .~iendar aS ~:ilows:
a. Denied Claim for Damages received fro~ Gait Ma~eModey, Ina Silverwood, and Robert Long,
and referred to Joint powers Authority ~i!Redwood Empire Municipal Insurance Fund;
b. ApproVed Disbursements for the Month'OfFebruary 1998;
c. Received notification regarding the award of bid for one 150 KVA Pad Mount Transformer to
Western States Electric forthe amount of $5,882.66;
d. Received report of the acqui*t'itioa'of Cetaphote Powder for Traffic Marking Applications;
e. Adopted OrclinanCe No. 999, Amending Division 8, Chapter 1, Section 7008 of the Ukiah City
Code Regarding *Holidays 'for Enforcement of Parking Regulations;
f. Received notification regarding the award of bid for the purchase of three 600 Amp Distribution
sWitches to SouthweSt POwer in the amount of $7,413.12;
g...=Received notification'regarding the award of bid for the purchase of Electric Meters to Wesco
.?;ii!i~ the amount of $8,606.17;
h;??!Awarded bid for 12'500 ft. of 4/0 AWG 15 KV Cable to King Wire, Inc. in the amount of
i;!~?Received and:;filed Report Regarding Emergency River Bank Repair at the Wastewater
:i~::ilI :i;Treatment PJant;
j. "~;;i;;i~proved Notice of Completion for the construction of the Perimeter Gas Extraction Project,
Specification No. 97-06; and
k. Adopted Resolution No. 98-32, Establishing Preferential Parking Space for the Disabled on the
East Side of Dora Street South of Perkins Street and Contiguous to the Ukiah First Presbyterian
Church.
7, AUDIENCE COMMENTS ON NON-AGENDAITEM-~
No one came forward to address the Council.
As it was not yet time for the scheduled Public Hearings, the Council proceeded to item 9a.
Regular Meeting - March 18, 1998
Page 1
9. PETITIONS AND COMMUNICATIONR
9a. Request from the Wa_aensellem Neighborhood Committee for Letter of SUe)POrt to
District Attorney Massini Relative to ImDrovino the Safety_ of the Nei_ahborhood
Donna Robeff~s, 781, Sidnie Court, representing the Wagenseller's Neighborhood Committee,
presented a petition to Council expressing the neighborhood's concern regarding the increase in
graffiti and violence in the Sidnie Court area. She asked the Council to approve a letter to District
Attorney Massini asking her to prosecute these crimes to the fullest extent allowable by law. District
Attorney Massini will be meeting with the signatories of the petition in the Council Chambers on
March 26, 1998, at 6:30 p.m. City staff will be involved and Councilmembers were urged to attend.
City Manager Homley noted the Public Safety Department is coordinating efforts with Distdct
Attorney Massini to see that gang related activities throughout Ukiah are addressed and minimized.
Councilmember Chavez recently attended a gang intervention workshop at Ukiah High School. She
believes the problem cannot be solved by solely seeking penal solutions; the solution must also
include counseling programs, alternative youth activities, rehabilitation and prevention services, and
widespread community support and involvement.
..~....~i!ii!::! ....
Blaine Diamond, 611 Myron Street, noted most of the individuals involved in gan~l'activities in his
neighborhood are Pomolita Middle School students, not Ukiah ~igh Scho~l .... Students, He would like
to see more community activities for that age group.
Ma. Whitaker, 706 Sidnie Court, reported she observes .~ng activities':.~'°m he~.'~dow regula~Y
and urged the Council to assist in solving this problem..~ii~:::::~;ii!'' .,~.::i:: ....... ~.~.:.~.:~'.'~ ...... ..:.
!~ii'i i.: 'i'!.!:i::. ":::::::*::' -
City Manager Homley noted grant funding has been rec.~ived to p~:a Community i~ai~ig:'Program
in place which will directly address gang related
-~,:.:.:.:. :: ,.: :.:::~ :+:, ..: :.:
.... ??iii;ili.ii!iiiii-?i?~.%.
Councilmember Chevez mentioned the need for training ~ thiS'!regard and the necessity of having
a large portion of the community involved.
===========================================
Deborah Powell, Sidni. Court, noted gang activiti~'!'~'~::'ai~ct!y relat;i~;i~:::!iii~;gal drug activities and
emphasized the need to address the issue immediately;?.;:?~ i il.i:~i~....
Eric lemon, 123 Clara Avenue, noted the'effectiver~ess of.~he'Neighborhood Watch Program and
urged the Council to act on this problem :now...~i:?i ~?::.~: .............
.. ...... .:.. ..?:?:?
:.:: :..: :.. .::::.::.
MIS Ashiku/Kelly to authorize theMay°r to S~:d a letter'S0 District Attorney Massini urging her to
prosecute illegal gang activity ivigorously and.to stress the importance of community involvement in
dealing with this problem, carried by the fo#owing roll call vote: AYES: Councilmembers Chavez,
Ashiku, Kelly, Mastin, and Mayor'Malone, NOES:.i:None. ABSTAIN: None. ABSENT: None.
10. NEW-BU$1NES~ '%:-:i'i ii':
10a. Receive and File the Audited Financial Statements for Fiscal Year 1996/97
Finance Director'Elton-noted the audit was conducted in accordance with Generally Accepted
Accounting 'Principles"{GA, AP)...He outlined the highlights of the audit, noting Enterprise Fund
revenues were greater than expected, The auditors' opinion is unqualified, meaning the overall
financial statements pre.Sent.~.!aidy, in all matedal respects, the financial position of the City as of
June 30 1997. .
~?:.'
CitY'Manager Hors.!e¥' mentioned she had met with Stephen Herr of Davis Hammond & Co. last
~. 'They discussed 'the areas of the City's financial reports which were in need of improvement;
the City'has ~ented measures to correct those deficiencies, most notably the tracking of fixed
assets.. :ii'[.i.:ii:i-!:i;?
Stephen Herr, Davis Hammond & Co., addressed questions and comments from the Council.
MIS Kelly/Masfin to receive and file the audited financial statements for Fiscal Year 1996-97, carded
by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor
Malone. NOES: None. ABSTAIN: None. ABSENT: None.
8. PUBLIC HEARING .7:00 D.m,
aa. Refinancing Senior Center Lease Purchase A_amemerlt
City Attorney Rapport outlined the proposed refinancing of the Greater Ukiah Senior Center's Lease
Purchase Agreement which would provide for additional funding for the Center to be used to
continue the Meals on Wheels program and the congregate dining program at the Center. The City
assumes no financial liability through this refinancing.
Regular Mee~ng. March 18, Igg8
Page 2
Mayor Malone opened the Public Headng at 7:16 p.m.
Melissa Phillips, Executive Director of the Senior Center, noted the refinancing would allow the
Center to continue the Meals on Wheels program and the congregate dinner program at the Center.
Russ Kinsey, President, Board of Directors of the Senior Center, mentioned his board was
reshaping the programs of the Center. Refinancing is seen as a mechanism available to fund the
continuation of much needed food provision programs.
The Public He·ring was closed ·t 7:18 p.m.
M/S Ashiku/Mastin to adopt Resolution No. 98-33, Approving the Lease-Purchase Agreement and
Sublease Purchase Agreement to Provide Additional Funding for the Greater Ukiah Senior Center,
Inc., carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin,
and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None.
ab. Introduction of Ordinance Amendin_a Adicles 3. 4 and 5 of Chaoter 2 of the Ukiah
Municioal Code Revisin_o the Regulations for the Residential Zonino District_-
Senior Planner Stump noted the proposed Zoning Code Revision Project update~ the regulations
for the City Residential Zoning District. The purpose of revising these =regulations is to bring the
provisions in the code into conformance with the Ukiah General Plan, making them more orderly and
easier to administer and making them more understandable!l~orthe public. '~e proposed changes
have been reviewed by, and are supported by, the Planning Commission.' ~'-..~.~:i~ ?:::':::iii~.~. ..~:::! ·
Discussion took place regarding boundary line setback ..requiremen{~'~:'and allow~'d uses for second
units on residential parcels.
Mayor Malone opened the Public Headng at 7:25 p.m. ;=?~:i:~;.i:!ii:i~:-i~ii~.! ii.i:i..:..
.=~i!ii?: .... =~iiii:iii[i:!.:i:.i:?[!i~.
J.nnif. r Pus.r, 314 Jones Street, offered, numbH ':°f :ordin.nce for Council
consideration..
Shoemaker, 710 Wi,ow, questioned' e ':= i'b:, k requ : ents ·nd s =e ,m at ons
for second units.
... .... :.:.:::., ::::-...::
After discussion between Council and ~aff rega~[=~ig setback requirements, owner occupancy of
second units, and procedural matt·rag:the' Coun~ referred the matter back to staff. Staff will rework
the ordinance, incorporating the Council's suggestions, and return · second draft of the proposed
ordinance to the Council for action at a lateral·t· ..... -
.;.~. [:i: .....
......
..:::ii:!:::::':' :i~ii~ i:. -' ........ . .......... · ........
The Publ!c Hearing on thi~.~atter'Wes conti~'~i"i:~e matter is brought back before the Council.
10b. DisCussion.¢i~' Water'lsSues Affectino the Ukiah Valley
"¢;~!i::. :-i !:
City Manager HOmley noted the 'i:mp~an~e of the Russian River in the Ukiah Valley Is source of
ddnking water, as a power source f0r:~the Lake Mendocino Hydro-Electric Plant, and as an integral
partner inoUr Wast·Water T:reatment Plant operation. There are several proposed projects which
could .potentially affe ct ' the ' floW Of the Russian River, the two most important threats being: 1)
Section'7 requirements un'er.the'Endangered Species Act, together with the recent decision by the
National Marine Fishery Service to list St·eib·ad Trout and Coho Salmon as threatened species; and
2) Pacific Gas and EiectriC's recent recommendation to the Federal Energy Regulatory Commission
to divert less water fr~m the Eel River through the Van Amd·la Dam into the Russian River.
.:.::...: ...:.
... ......
~'At~0mey Ra~'~:~t has researched the joint powers authority of the Mendocino County Inland
Water & :PoWer Commission (MCIW&PC). He does not find it necessary for the City of Ukiah to
delegate any~additional authority to the Commission in order for them to represent the City's interests
before federal and state agencies. However, the Commission in no way has any authority to
represent the City as to matters relating to the Hydro-Electric Plant.
Richan:l Shoemaker, 710 Willow, spoke to the involvement of the MCIW&PC in relationship to the
Sonora· County Water Agency and the Army Corps of Engineers.
City Manager Homley stressed the importance of the City's involvement in any matters relating to
the flow of the Russian River.
City Attorney Rappo~ stated no specific action is necessary at this time.
MIS Kelly/Mastin to send a letter of support, similar to the one the County had sent, to the
Mendocino County Inland Water & Power Commission for its efforts on behalf of the City of Ukiah,
Regular Meeting. March 18, 1998
Page 3
carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, ·nd
Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None.
10c. Discussion of Mendocino Solid Waste Management Authoritv's I'MSWMA} North Stat;
Street Transfer Station Property Seie
Councilmember Masfin noted the Mendocino Solid Waste Management Authority (MSWMA) Board
of Directors asked that this matter be reviewed by the Authodty's member agencies.
Mayor Malone asked for audience comments on this issue.
Pat McAIiister, North Forks Improvement Group, supports the sale of the property on North State
Stroet at the earliest possible time in order for MSWMA ·nd the North Forks Improvement Group to
· void a lawsuit costly to both parties.
Councilmember Masfin agreed the North State Street property should be sold once the Taylor Ddve
site for · Transfer Station has received the necessary permits ·nd the time has run out for legal
challenges to any permits.
<,~::::::::: .. ·
It was the consensus of Council to recommend to MSWMA that the propel:be sold~'~ce the Taylor
Drive Transfer Station has ·Il the necessary contracts ·nd permits in ~·ce an~! the time for legal
challenges thereto has run out.
10d. A~Drove Budoet Amendment Establishino Public"~;;:~etv Techri'"'~i~En:i~ancement
Communications Center Imorovement Proiect-'!:i:.ii!:!.!
City Manager Homley noted the urgent need for s ne~'~i:~Pa't~"System ·nd h~=~:'~rt for the
proposed personal computer system ·s the best choice for:'~the dispatch system because of its ability
to incorporate upgrades ·nd be expanded to meet future
Police Sergeant Dewey outlined the process used over'~i~e pasi'::~a~:':~:~ this proposal together.
He noted the advanced age ·nd hours of use of the ~nt equipment,-~: exorbitant cost of repairs,
the evaluation process used to determine s p?eferenCe for.using peri'rather than mainframe
computers for the system, ·nd the various .a~ncies :thrOughout the.~ste which were consulted
during the process. He applied for six grants'::~o help f.~'d tt~e ~Oject;?afl six grant applications were
successful. This is a foundation-based s~tem capable Of'being enhanced in the future.
~:..::i~ii~?'' ':~ii?:'
City Manager Homley addressed the!~ing f0:r.~e project..:i!~ funding will come from grants and
PERS refunds in reserve accounts :earmarked ..for public:Safety activities.
.:::i~ :?i::ii;?.~:~ ~i?. ..... ~.?.::'
M/S Kelly/M·stin to ·ppro~,e the Public:!!iSaf~':'~:~"t amendment Is presented; to award,
substantially as presented, 'the contract to GTE/Vision Software for Public Safety Technology and
authorize ',(he 'City Manager ;to execute the'"'hecessary documents; to authorize · Request for
Proposal for computer hardware lo'Public Safety Technology enhancement; to authorize furniture
procurement based upon Iowes~ responsible bid for Communication Center Improvement Project;
and to authoriZe` 'Request for Proposals for radio procurement for the Communication Center
Improvement P~'oject, :.carried by the following roll call vote: AYES: Councilmembers Chavez,
Ashiku, Kelly, Mastin,'"'l~dMayor Malone. NOES: None. ABSTAIN: None. ABSENT: None.
RECESSED 9:37 p.m~.i '"':':~i~i~i:! .... RECONVENED: $:45 p.m.
.... .ii:!':':
.:.:.
1De. 'APProval of Consulting Contract for City of Ukiah's Electric Utility_ Deregulation Publi~
.iii:.:' :Education Media Coma)al_an and Authorization for City_ Manauer to Execute Document.
~ ......
~itY'MAnsgerH;~'iey mentioned the need to educate the public regarding its options in the face
of,~eregulatio~'of the electric industry ·nd the need to hear from the public how best it might be
served.: ............ ~'~
Customer Service Representative Goodrick noted there is · good deal of misinformation
circulating regarding deregulation and the need to focus our efforts on educating the public about
this process. Staff believes s specific, individualized marketing and education plan for City of Ukiah
residents, end is recommending s Santa Rosa firm, Lorand & Company, to serve that need.
The Council had concerns regarding the need for, and types of, services being offered, es well as
concerns that adequate value be received for the ·mount expended.
MIS Malone/Kelly to approve the consulting agreement with Lorand & Company for the provision
of professional public education, research, and strategic planning services as it pertains to the City's
Public Utilities and deregulation and authorize the City Manager to execute necessary documents
therefor, carded by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly,
Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None.
Regular Meeting. M~rch 18, 1998
Page 4
10f. Discussion of Mendocino Council of Governments (MCOG] Regional Transoortation Pllh~
and Related Policy Issues
Mayor Malone distributed to the Council his written comments regarding the Mendocino Council of
Governments' (MCOG) 1998 Regional Transportation Plan (RTP). His comments contained several
suggestions regarding the RTP, including reinstating a Citizens Advisory Committee, expanding the
Technical Advisory Committee, reviewing staff responsibilities, and adopting a policy to utilize the
transportation elements of the County's and incorporated Cities' General Plans.
Richard Shoemaker spoke to the issue, suggesting, in light of difficulties with state funding, the
County and Cities in Mendocino County ban together to establish alternate sources of funding for
road repair within Mendocino County.
It was the consensus of Council to authorize ~ representative to MCOG to put forth Mayor Malone's
suggestions to the MCOG Board.
10g. Consideration and Adootion of Resolution Aoprovino Memorandums of Under~andim_~
for Em_~loyee Bar_~ainin_~ Units - Mana_oement and M~scellaneous Unif~fi
~e ~un~l did not have any questions regaling the proposed Memom~ums Of::~demtanding.
M/S Masfi~hiku to adopt Resol~ion No. ~S-~, Adopting ~ Mem~~ of Undemtanding
be~een the C~y of Ukiah and the Management and Mis~aneOus U~s;.~ by the foliowi~
~lln~ll ~[:_~E$: ~uncilmembem Chavez, Ashiku, ~]~: Mastin,.~:~ Malone. NOES:
0 e. A~STAIN: None. ABSENT: None. ~:" <~?:~ ...... ~?~.~:;.~::~.~.~.~:~.~.;~.~ .... .~:'~::~
10h. ~troduction of O~inance Establishing I So~::"Zoh~:~"0f 30 MPH f~ ~im~~ Pang
Boulevard from Talmape Road to Ai~o~ Road
M/S Mastin/Malone to introdu~ by title the O~ina~:'"A~e'nd~g~:~'Se~ion 7071 of the Ukiah
Muni~pal ~e by Adding the S~ed Zo~ of 30 MPH for:Ai~o~ P~ ~Ulevard, ~med by a voice
vote of all AYES. Absent: None. '
..::.~?~.?? .~::? ~ :.~:??:'~::?:: .::..: ::: ~ ~...~:~
C~ Cle~ Hendemon read the O~inan~ ~i:~:::;~?:~;?~:;:~:.~?:~?~
M/S Ma~alo~ to intmdu~ the O~i~~ ~'ng ~'707'1 of the Ukiah Muni~pal Code
by Adding the Speed Zone of 30 MPH for Ai~o~:~Pa~ Bo~vard, ~ed by the follo~ng ~11 ~11
vote: AYES: ~undlmembem ChaVez,-Ashi~'~Kelly, Ma~fin, and Mayor Malone. NOES: None.
ABSTAIN: None. ABSENT: N~e;: ":~"': .......
an ad h~ ~i~ee of several ~s ~ mem~ and ~ ~ ~un~lmembe~ to dis~ss ways
the Main Streel .Program might 'p~ide :se~i~s for the Ci~.
Councilmem~r AIh~u ~ad..nothing~o mpo~.
· ~.;';:, .. .
.......
Councllmember Kelly ~po~ed on a meeting aflended by Ci~, ~un~, and Ukiah Unified S~ool
Distdct representatives to ~sCuss site Io~tions, other than the Love~ Lane prope~y, for the
pm~sed new elemental' s~ool, The ~ooi Board is hosting a ~mmuni~ forum regaling this
~er at the UUah High':S~ool ~fetodum on Ma~ 24, 1998.
.:?:~: .. ..:,......
~e~mem~r..M~in had nothing to mpo~.
::.[: :.~ ???~, :.?:?:: .: :::: ..........
MayorMal~ noted ~ ~e~ed a Greater UUah ~amber of ~mme~ meeting. ~e Chamber
is looking fo~a~ to a su~lus of funds at ~e end of ~e ne~ fis~l year.
12. CI~ MANAGE~IRECTOR ~PORT~
C~ Manger Homey not~ ~ Goal ~ng ~ssi~ ~d f~ ~dl 15, 1998 ~11 be postponed
due to Mayor Malone's announ~d absent.
13.
CLOSED SESSION
a. G.C. ~_54957.6 - Conference with Labor Negotiator
Negotiator:. Candaca Homley
i. Management and Miscellaneous Units
There was no Closed Session held regarding this matter.
Regular Meeting. March 18, 1998
Page 5
14. ADJOURNMENT
The meeting was adjourned at 10:34 p.m.
Colleen B. Hendemon, City Clerk
ii:i!!:!!:: !::!
Regular Meeting. March 18, 1998
Page 6
ITEM NO.
DATE: APRIL 1, 1998
AGENDA SUMMARY REPORT
SUBJECT:
DENIAL OF CLAIMS FOR DAMAGES RECEIVED FROM ONI LAGIOIA AND
CHRISTOPHER EVANS AND REFERRAL TO THE JOINT POWERS AUTHORITY,
REDWOOD EMPIRE MUNICIPAL INSURANCE FUND
The claim from Oni LaGioia was received by the City of Ukiah on March 2, 1998 and
alleges damages related to a trip and fall on February 6, 1998 in the crosswalk of North State
Street at Mill Street.
The claim from Christopher Evans was received by the City of Ukiah on March 13, 1998
and alleges damages related to excessive force during an arrest on September 15, 1997 south
of Laytonville.
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 Oni LaGioia and
Christopher Evans, and Refer them to the Joint Powers
Authority, REMIF.
ALTERNATIVE COUNCIL POLICY OPTIONS:
Alternative action not advised by the City's Risk Manager.
Acct. No. (if NOT budgeted): N/A
Appropriation Requested: N/A
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
Acct. No.: N/A
Yes
Claimants
Michael F. Harris, Risk Manager/Budget Officer
Candace Horsley, City Manager
1. Claim of Oni LaGioia, pages 1-4.
2. Claim of Christopher Evans, pages 5-7.
APPROVED:~ ' \
Candace Horsley, City ~anager
mfh:asrcc98
0401 CLAIM
NOTICE OF CLAIM AGAINST
TIlE CITY OF UKIAH, CALIFORNIA
This claim must be presented, as prescribed by Parts 3 and 4 of Division 3.6, of
Title 1, of the Government Code of the State of California, by
by a person acting on his/her behalf.
RETURN TO:
City Clerk's Office
City of Ukiah
300 Seminary Avenue
Ukiah, California 95482
i ·
·
CLAIMANT ' S NAME:
CLAIMANT' S ADDRESS:
Number/Street and Post Office Box
City State Zip Code
7o7 _ ,/-/ (.,2 -1f ~, o _
Home Phone Number
Work Phone Number
i
NAME AND ADDRESS OF PERSON TO WHOM NOTICES REGARDING THIS
CLAIM SHOULD BE .SENT (if different than above):
·
·
·
·
·
·
GENERAL DESCRIPTION OF THE ACCIDENT OR OCCURRENCE (Attach
additional pages if more space is needed):
N~S, IF ~O~, OF ~Y PUBLIC ~PLOYEES CAUSING THE IN~Y OR
t
NAME ADDRESS TELEPHONE
NAMES AND ADDRESSES OF DOCTORS/HOSPITALS WHERE TREATED:
NAME ADDRESS TELEPHONE
10. GENERAL DESCRIPTION OF THE LOSS, INJURY, OR DAMAGE SUFFERED:
/
11 · TOTAL AMOUNT CLAIMED:
12. THE BASIS OF COMPUTING THE TOTAL AMOUNT CLAIMED IS AS FOLLOWS:
Damages incurred to date:
Expenses for medical/hospital care: ~ $ /~ /~. 2L~
Loss of earnings: $
Special damages for:
General damages $
Estimated prospective damages as far
as known:
Future expenses for medical and ~c~
hospital care: S.~.q~ ~ pA~t$~,~ $
Future loss of earnings: '~~~0 $
Other prospective special
damages: $
Prospective general damages: $
The claim shall 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.
DATED: ~/~/~~ ~t /: ~'~/'., ' :z-~--
SIGNATURE OF CLX!_ .~A~_..T(S}
Received in City Clerk's Office this /~ day of d ,
SIGNATURE
/
NOTE: This form of claim is for your convenience only, and any other type of
form may be used if desired, so long as it satisfies the requirements of the
Government Code. The use of this form is not intended in any way to advise you
of your legal rights or to interpret any law. If you are in doubt regarding your
legal rights or the interpretation of any law, we suggest that you seek legal
counseling of your choice.
3:FORMhCLAIM
Rev: 3/10/95
FROM'
BY
RM-89
NOTICE OF CLAIM AGAINST
TH¥ CITY OF UKT , CALIFORNIA
This claim must be presented, as prescribed by Parts 3 and 4 of Division 3.6, of
by a person acting on his/her behalf·
'-,"~ ~ UI(iAH
RETURN TO: City Clerk's Office
City of Ukiah
300 Seminary Avenue
Ukiah, California 95482
MAR 1 3 ]998
CI-FY CLERK DEPARI'M ENT
i ·
·
·
CLAIMANT'S NAME: CHRISTOPHER EVANS
CLAIMANT'S ADDRESS: P.O. Box 225
Number/Street and Post Office Box
Westport, CA 95488
City State
(707) 964-3811
Home Phone Number
Zip Code
Work Phone Number
NAME AND ADDRESS OF PERSON TO WHOM NOTICES REGARDING THIS
CLAIM SHOULD BE .SENT (if different than above):
·
·
·
N/A
DATE OF THE ACCIDENT OR OCCURRENCE: September 15, 1997
PLACE OF THE ACCIDENT OR OCCURRENCE: Sizemore Subdivision south of Laytonvi!
GENERAL DESCRIPTION OF THE ACCIDENT OR OCCURRENCE (Attach
additional pages if more space is needed): SEE ATTACHMENT
·
·
·
NAMES, IF KNOWN, OF ANY PUBLIC EMPLOYEES CAUSING THE INJURY OR
LOSS: Officer Greq Baarts of Ukiah Police Department and
three Mendocino County Sheriff's Officers
NAMES AND ADDRESSES OF WITNESSES (optional):
NAME
A. Bruce Smith
B. Andrew Cash
ADDRESS TELEPHONE
Mendocino Co. Sheriff Office 463-4411
Mendocino Co. Sheriff O~ice 463-441].
NAMES AND ADDRESSES OF DOCTORS/HOSPITALS WHERE TREATED:
A·
NAME ADDRESS TELEPHONE
Mendocino Coast Dist. Hosp. 700 River Drive, Fort Braqg 961-1234
·
Dr. Buckerfield
510 Cypress Drive, Fort Bragg 964-6648
10.
GENERAL DESCRIPTION OF THE LOSS, INJURY, OR DAMAGE SUFFERED:
SEE ATTACHMENT
11.
12.
TOTAL AMOUNT CLAIMED: $30,000.00
THE BASIS OF COMPUTING THE TOTAL AMOUNT CLAIMED IS AS FOLLOWS:
Damages incurred to date:
Expenses for medical/hospital care:
Loss of earnings:
Special damages for:
Pain and suffering
$1,000.00
General damages
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:
$ 9,000.00
$ 5,000.00
$5,000.00
$10,000.00
The claim shall 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.
S I CNATURE-~O? CLAIMANT(S)
NOTE: This form of claim is for your convenience only, and any other type of
form may be used if desired, so long as it satisfies the requirements of the
Government Code. The use of this form is not intended in any way to advise you
of your legal rights or to interpret any law. If you are in doubt regarding your
legal rights or the interpretation of any law, we suggest that you seek legal
counseling of your choice.
3: FORM%CLAIM
Rev: 3/10195
ATTACHMENT TO NOTICE OF CLAIM
While being arrested for cultivation of marijuana I was thrown to the ground and
subdued with excessive force. In the process of handcuffing me, my right collarbone was
broken. I was dazed and did not receive medical attention after my arrest or at the jail. I
went to doctor on my own after being released. Injuries to my head may have
exacerbated previous neurologic injuries. I will require further surgery on my collarbone
because it did not heal correctly.
#10.
ao
Broken collarbone
Contusions/braises to face and body
Possible neurologic injuries due to blows to the head
Further problems with the use of my right arm - need for further surgery
MEMORANDUM
DATE:
March 31, 1998
TO: City Council
FROM:
SUBJECT:
Sue Goodrick
Compliance Officer
Mendocino Solid Waste Local Task Force
Comments on Preliminary Draft Summary Plan
The ~ Draft Summary Plan has been presented to the City Council on the consent
calendar for acceptance at the April 1, 1998 City Council Meeting.
On March 26, 1998, the Mendocino Solid Waste Local Task Force (LTF) met to discuss and
make comments on the Preliminary Draft Summary Plan. Those comments are attached for your
information.
At this time, the comments made by the LTF are being distributed for informational purposes
only. Staff and City Council will have the opportunity to address these comments and, if so
desired, incorporate them into the Final Draft Summary Plan at a later date. The Final Draft
Summary Plan will return to council for f'mal approval, after a Public Hearing is held later this
summer.
CC:
Candace Horsley, City Manager
Rick Kennedy, Director of Public Works
Mendocino Solid Waste Local Task Force (AB 939)
c/o Anne Crowder, Secretary
P.O. Box 1413, Willits, California 95490
Comments on Preliminary Draft Summary Plan
The Local Task Force met on March 26, 1998 and considered the Preli~ninary
Draft Sum~nary Plan. The following comments were adopted:
The Summary Plan should provide that bilingual employees or community
service workers be at disposal sites for the purpose of communicating
recycling information.
Ayes: Bccbe, Cayler, Crowder, Galli, Goodrick, Morley, Onh, Steffcn, Ward. Noes:
none. Abstain: none.
There should be a cooperative effort
1) by haulers to identify customers who should recycle more;
2) by jurisdictions to direct and monitor hauler follow through; and
3) by MSWMA to provide waste audits to inform and encourage
participation;
with the overall goal of increasing participation in source separation
programs.
Ayes: Beebe, Caylcr, Crowder, Galli, Goodrick, Morley, Orth, Steffcn,
Ward. Noes: none. Abstain: none.
The LTF recommends that the jurisdictions identify new market
opportunities for materials not now being recycled as identified in the Waste
Characterization Study.
Ayes: Becbe, Cayler, Crowder, Galli, Goodrick, Morley, Orth, Steffen,
Ward~ Noes: none. Abstain: none.
Multi-family collection should receive special attention.
Ayes: Beebe, Cayler, Crowder, Galli, Goodrick, Morley, Onh, Steffcn,
Ward. Noes: none. Abstain: none.
To make significant progress in diversion, the financial impact on garbage
collection franchises needs to be recognized and financial support out of the
forthcoming savings from the switch from landfills to transfer stations should
be considered.
Ayes: Beebe, Crowder, Galli, Morley, Onh, Stcffen. Noes: Cayler,
Goodrick, Ward. Abstain: none.
To avoid creating regulatory barriers to diversion, the CIWMB should refrain
from regulation at the state level of recycling and salvage activities and leave
those responsibilities at the local level.
Ayes: Bccbc, Caylcr, Crowder, Galli, Goodrick Morley, Orth, Stcffcn,
Ward. Noes: none. Abstain: none.
Anne Crowder, Secretary
Item No.
Date: Aoril 1, 1998
AGENDA SUMMARY REPORT
SUBJECT:
ACCEPTANCE OF THE PRELIMINARY DRAFT SUMMARY PLAN AS
PART OF THE AB 939 INTEGRATED WASTE MANAGEMENT PLAN
OF MENDOCINO COUNTY
The Preliminary Draft Summary Plan has been prepared by the Mendocino Solid Waste Management
Authority (MSWMA) on behalf of the City of Uldah and other participating agencies. The Summary
Plan identifies county-wide goals for waste prevention, recycling and composting, current solid waste
management practices, diversion programs implemented, and anticipated contingency measures to
increase diversion. The Plan is required by the California Integrated Waste Management Board to be
incorporated into the AB 939 Integrated Waste Management Plan of Mendocino County. The
Integrated Waste Management Plan of Mendocino County also includes the Source Reduction and
Recycling Element (SRRE), the Household Hazardous Waste Element, the Nondisposal Facility
Element, and the Siting Element.
A copy of the Preliminary Draft Summary Report is attached (Attachment 1).
CONTINUED ON PAGE 2
RECOMMENDED ACTION:
1. Accept the Preliminary Draft Summary Plan as submitted.
ALTERNATIVE COUNCIL POLICY OPTIONS:
.
Determine modifications to the Preliminary Draft Summary Plan are necessary, identify
changes and accept with noted revisions and/or comments.
Citizen Advised: N/A
Requested by:
Prepared by:
Coordinated with:
Attachments:
Mike Sweeney, Executive Director, MSWMA
Sue Goodrick, Compliance/Customer Service Officer ~
Candace Horsley, City Manager
Rick H. Kennedy, Director of Public Works/City Engineer
Attachment 1 - Preliminary Draft Summary Plan
Attachment 2 - LTF Summary Plan Comments
Attachment 3 - Summary Plan Regulations
APPROVED: ('~ ~7~
"~e'HorSley, Ci~ty ~an~ager
Acceptance of the Preliminary Draft Summary Plan as Part of the
AB 939 Integrated Waste Managment Plan of Mendocino County
April 1, 1998
Page 2
On January 28, 1998, the MSWMA received written comments and recommendations from the
AB 939 Local Task Force's (LTF) preliminary review of the Initial Draft Summary Plan (refer to
Attachment 2). On February 18, 1998, at the request of the MSWMA, this Initial Draft was
introduced to the City Council for response and comment to the recommendations made by the LTF.
The Council recommended the MSWMA Board reference the forthcoming Waste Characterization
Study in the Summary Plan and stated that needed changes, if any, in diversion policies and programs
will be made after the results of the Study are presented to the member agencies. Mike Sweeney,
Executive Director to the MSWMA stated that the Waste Characterization Study would be completed
in about six months.
Pursuant to the California Code of Regulations, Title 14, Sections 18778-18783, each jurisdiction and
the AB 939 Local Task Force may provide written comments on the Preliminary Draft Summary Plan.
Council's recommendation referencing the forthcoming Waste Characterization Study has been
included on page 11 of the Preliminary Draft Summary Plan. The LTF will be meeting on Thursday,
March 26, 1998 to make their final comments, which will be forwarded to the Califomia Integrated
Waste Management Board, MSWMA, and the associated agencies.
After review of the Summary Plan by the participating jurisdictions and the LTF, all comments and
concems are to be retumed to the MSWMA for possible incorporation into the final draft document.
After those comments are considered by the MSWMA, a public hearing which has had 30 day's
advance noticing in a local newspaper will be held by each agency to allow community input on the
Final Draft Summary Plan. Upon considering all comments made during the public hearing regarding
the document, the City shall, by resolution, approve or disapprove the Final Draft Summary Plan. A
copy of that resolution would be transmitted to the MSWMA for submittal to the Califomia Integrated
Waste Management Board, along with the Final Summary Plan and resolutions from the other
participating jurisdictions. We anticipate this public hearing would be held in August.
The specific state regulations for the preparation and review of the Summary Plan, along with the
MSWMA Compliance Schedule for Submittal of the Summary Plan are attached (Attachment No. 3).
Since the City Council took the opportunity to review and comment on this document at the February
18, 1998 City Council Meeting, and since those comments have been included in the Preliminary Draft
Summary Report, staff requests Council review and accept the Plan as presented.
MMendocino Solid Waste
anagement Authority
A Joint Powers Public Agency
Michael E. Sweeney
General Manager
P.O. Box 123
Ukiah, CA 95482
Telephone (707) 468-9710
Fax (707) 468-3877
March 13, 1998
To:
From:
Mendocino Solid Waste Local Task Force(LTF)
County of Mendocino
City of Ukiah
City of Fort Bragg
City of 'Willits
City of Point Arena
Mike Sweeney ~~
Subject: Transmittal of Preliminary Draft Summary Plan
Enclosed is the Preliminary Draft of the Summary Plan, which is required by the
California Integrated Waste Management Board as part of the AB 939
Integrated Waste Management Plan of Mendocino County.
Under the California Code of Regulations, Title 14, Sections 18778-18783,
each jurisdiction and the LTF may provide written comments on the Preliminary
Draft. These comments will be used to revise the Preliminary Draft and produce
a Final Draft. Each jurisdiction should then conduct a noticed public hearing
and 30-day public comment period on the Final Draft prior to adopting a
resolution to approve or disapprove.
The Summary Plan will then be sent to the California Integated Waste
Management Board (ClWMB) for approval.
The compliance schedule sent to the CIWMB on February 25 states that all
jurisdictions and the LTF will consider the Preliminary Draft and make
comments (if any) by the end of April. Please help meet this compliance
schedule.
· :
Since the Summary Plan was already reviewed in its Initial Draft, consideration
of the Preliminary Draft may be routine. I am available to provide any additional
information and attend meetings on this subject.
enclosures
cc: MSWMA Board of Directors
PRELIMINARY
DRAFT
AB 939 SUMMARY PLAN-'
County of Mendocino
City of Ukiah
City of Fort Bragg
City of Willits
City of Point Arena
PART I -- Goals, Policies & Objectives CCR Section 18757.1
1.1 Goals
A. The Cities and County will utilize waste prevention, recycling and composting to
divert as much solid waste as possible from landfill disposal. Those materials which
cannot be recycled or composted shall be landfilled in an environmentally safe and
effective manner.
B. The implementation of integrated waste management shall be coordinated or
implemented on a multi-jurisdictional basis to the greatest feasible extent in order to
ensure the least cost to ratepayers and the most effective programs, and to avoid
unnecessary duplication of programs, efforts and administration.
C. The Cities and County shall support any opportunities to strengthen markets for
recycled and composted materials, including participation in the Sonoma-Mendocino-
Lake Recycling Market Development Zone.
D. Household hazardous waste collection service shall be available to all households
and small business generators on a regular and convenient basis. Prevention and
Preliminary Draft Summary Plan - 3/12/98- PAGE
UNINCORPORATED COUNTy OF MENDOCIN~
SOLID WASTE REFUSE COLLECTION AREAS
HUMI~:)L, OT CO. ' ------'-'-- "' L ', I'RINITY ~ CO,
_
WESTPOR1
~LEBGETT
Long
)RANSCOM
DOS RIOS
LAYTONVII. £
Round Volley
COVELO
1
T£HAMA CO.
CO.
FORT BRAG6
MENC~INO
MANCHESTER
pOINT ARE
4
MOUNTAIN
Map
NAVARRO
PHILO
Liffle Loke Volley
,WILLITS
POTTER
VALLEY
I
UKIAH F
I-
f
HOPLAND LL
PRELIMINARY
DRAFT
AB 939 SUMMARY PLAN
County of Mendocino
City of Ukiah
City of Fort Bragg
City of Willits
City of Point Arena
PART I -- Goals, Policies & Objectives CCR Section 18757.1
1.1 Goals
A. The Cities and County will utilize waste prevention, recycling and composting to
divert as much solid waste as possible from landfill disposal. Those materials which
cannot be recycled or composted shall be landfilled in an environmentally safe and
effective manner.
B. The implementation of integrated waste management shall be coordinated or
implemented on a multi-jurisdictional basis to the greatest feasible extent in order to
ensure the least cost to ratepayers and the most effective programs, and to avoid
unnecessary duplication of programs, efforts and administration.
C. The Cities and County shall support any opportunities to strengthen markets for
recycled and composted materials, including participation in the Sonoma-Mendocino-
Lake Recycling Market Development Zone.
D. Household hazardous waste collection service shall be available to all households
and small business generators on a regular and convenient basis. Prevention and
Preliminary Draft Summary Plan - 3/12/98- PAGE ]
101
Laytonville ~
'\
t
·
C
Source: Idendo¢lno Courtly Oeparfment of Planning & Building Service= Carfographlc Division, November, lgg2.
LEGEND: A-Ukiah Landfill; B-South Coast Landfill; C-Covelo transfer station; D-Potter Valley
transfer station; E-Boonville transfer station; F-Albion transfer station; G-Caspar transfer station;
H-Willits Recycling & Transfer; I-Fort Bragg Disposal field container facility; J-Laytonville
Recycling Center & transfer; K-Cold Creek Compost facility; L-Biowastes compost facility.
and vineyards. Two distinct climate zones exist--coastal and inland. The coastal zone
has generally mild temperatures and heavy winter rainfall. The inland zone has
greater temperature extremes, particularly hot summers, with more moderate rainfall.
The County's population in 1996 was 84,500. The populations of the four
incorporated cities were: Ukiah, 14,700; Fort Bragg, 6,200; Willits, 5,100; and Point
Arena, 420. Ukiah.is the county seat and principal commercial center. County
population growth has been moderate in the 1990's, with an average increase of less
than 1% since 1990. Virtually all the population growth has occurred in the
unincorporated area. The County planning department assumes that population
growth will continue at the same rate.
State highway I (coastal) and 101 (inland) are the principal north-south roadways.
With recent improvements, Highway 101 is now a freeway for most of its length from
Willits south. State highways 128 and 20 are the east-west links between the coastal
and inland areas. The Northwestern Pacific Railroad parallels Highway 101 in the
inland valleys and links the county to Humboldt County in the north and Sonoma
County to the south, where it connects to the nationwide rail network at Schellville.
The California Western Railroad connects Fort Bragg to Willits. Sizable airports exists
at Ukiah and Little River. Daily air freight service is provided at Ukiah. Smaller
airports are located at Willits, Covelo and Boonville. Although Mendocino County is
somewhat remote from the principal urban centers of California, these transportation
links provide easy access.
Average per capita income was $12,776 in the 1990 census. The median age in
Mendocino County in 1990 was 35.6 years. The 1990 census showed ethnic
distribution of white, 89.6 percent; Hispanic, 10.3 percent; Native American, 4.1
percent; Black, .6 percent; Asian or Pacific Islander, 1.2 percent. The Hispanic
population is concentrated primarily in the southern part of the County, in association
with vineyard and orchard employment. There is significant seasonal fluctuation in
population with an increase in summer due to agricultural employment and vacation
residents.
Total county employment was estimated at 39,180 in 1996, up from 33,180 in 1989.
The 1990 census showed private section employees as 67 percent of the labor force;
government workers as 18 percent; and self-employed as 15 percent. The traditional
Preliminary Draft Summary Plan - 3/12/98- PAGE
economic base of the county has been timber production, with associated industrial
activities such as Masonite's hardboard factory. As the timber sector has declined,
employment has grown in diversified manufacturing companies in the Willits and
Ukiah areas. Vineyards and wineries are also a growing sector, along with tourism.
The County planning department projects a continued moderate growth in
employment.
Current population and housing data as estimated by the California Department of
Finance, Demographic Research Unit, as of January 1, 1997 is shown in Table 1. This
data shows that Mendocino County's housing is primarily single family units.
2.2 Governmental Solid Waste Management Infrastructure
A. Garbage and recycling collection
Collection is provided by private company franchise contracts which are administered
by each local government jurisdiction--the County (for the unincorporated area), and
the cities of Ukiah, Fort Bragg, Willits and Point Arena. The local government
jurisdictions separately negotiate and administer these contracts. Implementation of
elements of the Integrated Waste Management Plan that pertain to collection are the
responsibility of the local government jurisdictions.
B. Solid Waste Disposal
The county has a mix of public and private disposal facilities. The City of Ukiah owns
and operates the Ukiah landfill, which provided disposal in 1998 for Ukiah, Willits, a
portion of the unincorporated county, and a portion of the Fort Bragg waste. Waste is
directed to the Ukiah landfill by a privately owned transfer station in Willits and county-
owned transfer stations in Albion, Caspar, Boonville, Covelo and Potter Valley. The
County of Mendocino owns and operates the South Coast landfill near Gualala, which
provides disposal for Point Arena and a portion of the unincorporated county. A
portion of the solid wastestream of the unincorporated county and Fort Bragg is directly
hauled to the Potrero Hills landfill near Suisun. This includes most waste received at
the County's Caspar transfer station. Implementation of the elements of the Integrated
Preliminary Draft Summary Plan - 3/12/98- PAGE 4
reuse of hazardous products shall be encouraged. Hazardous materials which are
collected shall be recycled to the greatest extent feasible, or otherwise disposed of in
an environmentally safe manner.
1.2 Policies
A. The Source Reduction & Recycling Element embodies the following policies to
promote waste diversion:
1. Public information and promotion will be provided for all waste diversion programs
and opportunities.
2. Full recycling and composting opportunities will be provided at the point of waste
disposal for all waste generators--households, businesses, and self-haulers.
3. Processing facilities will be provided to maximize the scope of recycling and
composting collection and to reduce costs.
B. The Household Hazardous Waste Element is based on the policy that the Cities
and County will cooperate to provide a multi-jurisdictional mobile household
hazardous waste collection program serving all the jurisdictions.
1.3 Objectives
Each jurisdiction shall divert at least 50% of the base year materials from disposal by
the year 2000. The programs necessary to achieve this objective are listed in Part 4
below, "Summary of SRRE, HHWE, and NDFE," together with implementation notes.
PART 2 -- County Profile & Plan Administration CCR Section 18757.3
2.1 County description
Mendocino County is a rugged, rural area covering 3,510 square miles along the north
coast of California. The terrain is mostly forested, and includes rangeland, orchards
Preliminary Draft Summary Plan - 3/12/98- PAGE
UNINCORPORATED COUNTy OF MENDOCIN~
SOLID WASTE REFUSE COLLECTION
H~I~I~..O Tco.
~ __~
,~~EB~3ETT
YlOl
Y~STPORT
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COVELO
..
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LAYTONVIL E
1
AREAS
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~.F. NN CO
FORT BRAGG
MANCHESTER
pOINT AR
4
iI04JNTAIN
NAVARRO
PHILO
Little Loke Y(~lley
WlLLITS
POTTER
VALLEY
I
UKIAH
HOPLAND ILL
o 5 IOMII~
Waste Management Plan that pertain to disposal are the responsibility of the local
government jurisdictions.
C. Other functions
The County and the cities of Ukiah, Fort Bragg and Willits established a joint powers
agency in 1990 to carry out certain mutual activities in solid waste. This agency, the
Mendocino Solid Waste Management Authority, operates a mobile household
hazardous waste collection program, provides recycling information and promotion,
provides illegal dumping cleanup and abatement, administration of the Mendocino
portion of the Sonoma-Mendocino-Lake Recycling Market Development Zone., and
prepares AB 939 reports and the elements of the County Integrated Waste
Management Plan. The Mendocino Solid Waste Local Task Force (LTF) supervises
solid waste planning as required by state law. The County environmental health
division is the Local Enforcement Agent, countywide. Implementation of certain public
information and planning functions relating to the Integrated Waste Management Plan
are the responsibility of the Mendocino Solid Waste Management Authority.
PART 3 -- Description of Current Solid Waste Management Practices
CCR 18757.5
3.1 Solid Waste collection & recycling service areas
Each section of Mendocino County receives garbage & recycling Collection service
from an exclusive hauler designated by local government franchise contract or permit.
The service areas are shown in Table 2 below:
Table 2. Garbage & recycling service areas
Service Area
C~y of Ukiah
C~y of Fort Bragg
C~ of Will~s
City of Point Arena
Brooktrails Community
Service District
Physical Description
Ukiah city limits
Fort Bragg city limits
Willits city limits
Point Arena city limits
Brooktrails Community
Service District
Hauler
Solid Wastes Systems
Fort Bra~lg Disposal
Solid Wastes of Willits
Pacific Coast Disposal
Solid Wastes of Willits
Regulating Jurisdiction
City of Ukiah
City of Fort Brag~
City of Willis
City of Point Arena
Brooktrails Community
Service District
Preliminary Draft Summary Plan - 3/12/98- PAGE
County Refuse
Collection Area #1
County Refuse
Collection Area #2
northern
unincorporated area
Unincorporated area
around Fort Bragg &
Ukiah
Solid Wastes of Willits
Empire Waste
Management
County of Mendocino
County of Mendocino
County Refuse Anderson Valley Great American Waste County of Mendocino
Collection Area #3
County Refuse South Coast Pacific Coast DispOsal County of Mendocino
Collection Area fl4
3.2 Quantity of waste collected
Table 3 below shows the quantities of solid waste collected from each local
government jurisdiction in 1996.
Table 3. Solid waste collected in 1996
Jurisdiction TONS CUBIC YARDS
Daily Annual Daily Annual
Unincorporated
County (includes
BrooktraJls CSD) 81 25,214 539 168,093
City of Ukiah
41 12,696 271 84,640
City of Fort Bragg 1 9 5,873 125 39,153
City of Willits
1 4 4,234 90 28,227
City of Point Arena .6 181 4 1,207
TOTAL
1 55 48,198 321,320
NOTES:
Assume collection 312 days per year (6 days per week)
Waste is generally measured in tons. Conversion to loose cubic yards is 300 lbs/cubic yard.
3.3 Destination of solid wastes
The disposal method used for solid waste in Mendocino County is landfilling.
solid waste was landfilled at three landfills in the following quantities:
In 1996,
Ukiah Landfill
Willits Landfill
SWIS #23-AA-0019
SWlS #23-AA-0021
27,025 tons
20,343 tons
(180,167 cubic yds.)
(135,620 cubic yds.)
Preliminary Draft Summary Plan - 3/12/98- PAGE
South Coast Landfill SWlS #23-AA-0018 830 tons (5,533 cubic yds.)
The Willits Landfill closed in November, 1997. Its wastestream was mostly redirected
to the Ukiah Landfill, with a portion going to the Potrero Hills Landfill near Suisun,
California. Both the Ukiah Landfill and South Coast Landf!!l are projected to close in
1999.
3.4 Handling of recyclables
The franchise garbage collection haulers also serve as the primary collectors of
recyclables in each service area. Each hauler.makes its own arrangements for
collection, processing, storage and transportation of recyclables to market. As of
January, 1998, there were no facilities for sorting of mixed recyclables in operation in
Mendocino County. Solid Wastes Systems had a plan to build a simple sorting line at
its recycling center in Ukiah.
3.5 Permitted solid waste facilities
The landfills, transfer stations, and composting facilities that hold solid waste facility
permits from the California Integrated Waste Management Board are shown in Table
4.
Table 4.
Permitted solid waste facilities (1998)
Facility Name
Ok,'ah Landffff
South Coast Landfill
Covelo transfer station
Potter Valley transfer station
Boonville transfer station
Albion transfer station
Caspar transfer station
Willits Recycling & Transfer
Fort Bragg Disposal field
container facility
Laytonville Recycling Center
limited volume transfer
Cold Creek Compost facility
Biowastes Compost facility
Location
V¥chy Spn'ngs Road, Ok,'ah
Fish Rock Road, Gualala
Covelo Refuse Road~ Covelo
Main Street, Potter Valley
Mountain View Road~ Boonville
Albion Ridge Road, Albion
Prairie Way, Caspar
Franklin Avenue, Willits
Operator
County of Mendocino
Solid Wastes of Willits
County of Mendocino
County of Mendocino
i County of Mendocino
~ County of Mendocino
Solid Wastes of Willits
219 Pudding Creek Road, Fort Fort Bragg Disposal
Bragg
41825 Branscomb Road, Solid Wastes of Willits
.aytonville
Potter Valley Road, Potter Valley
East Side Talmage Road, Ukiah
Cold Creek Compost, Inc.
Solid Wastes of Willits
Note: There are also 3 industrial wood waste landfill permits.
Preliminary Draft Summary Plan - 3/12/98- PAGE 7
Table 5 below shows recycling drop-off and buy-back facilities that are not permitted
solid waste facilities.
Table 5.
Facility Name
Other recycling centers (1998)
Mendocino Recycling Center
Laytonville Auto Wreckers
Redwood Valley Recycling
Center
Lightel's Food & Fuel
Mendocino Auto Wreckers
Fort Bragg Disposal
Westport Recycling Center
South Coast Redemption Center
T&T Salvage
Point Arena Pier
Location
3151 Taylor Drive, Ukiah
201 Branscomb Road,
Laytonville
950 School Way, Redwood
Valley
3201 North State Street, Ukiah
1650 Lovers Lane, Ukiah
219 Pudding Creek Road, Fort
Bragg
Highway 1, Westport
39225 S. Highway 1, Gualala
2//N. Lenore Street, Willits
810 Port Road, Point Arena
Operator
SOlid Waste Systems
Laytonville Auto Wreckers
Solid Wastes of Willits
Lightel's Food & Fuel
Mendocino Auto Wreckers
Fort Bragg Disposal
Solid Wastes of Willits
Pacific Coast Disposal
T&T Salvage
City of Point Arena
3.6 Recycling Market Development Zone
Mendocino County is included in the Sonoma-Mendocino-Lake Recycling Market
Development Zone established by the California Integrated Waste Management
Board. This designation makes recycling businesses eligible for Iow-interest loans for
projects that utilize post-consumer waste as feedstock for new products. Compost and
wood products loans have been obtained by Mendocino County businesses under
this program.
The Mendocino Solid Waste Management Authority serves as administrator of the
local Recycling Market Development Zone. Extensive outreach was done in 1995 to
inform local businesses of the availability of loans and other incentives. The
Mendocino Solid Waste Management Authority is available as an information
resource to assist any interested business in obtaining recycled feedstock.
PART 4'-- Summary of SRRE, HHWE and NDFE
CCR Section 18757.7
4.1 Diversion Programs
Preliminary Draft Summary Plan - 3/12/98- PAGE
The following materials are diverted from disposal in at least one program in
Mendocino County:
aluminum cans
aluminum foil
glass bottles
plastic bottles
plastic tubs
plastic film
tin cans
newspaper
corrugated cardboard
boxboard
magazines
office paper
telephone books
milk & juice cartons
wood
yard waste
scrap metal
appliances
foam & carpet padding
tires
reusable items
reusable wine bottles
clothing
Tables 6, 7, 8, 9, and 10 summarize the waste diversion programs adopted by each
local government jurisdiction in Mendocino County, including the materials included in
the program and any contingency measures that are planned to increase
effectiveness.
Preliminary Draft Summary Plan - 3/12/98- PAGE
Table 6. Unincorporated County of Mendocino diversion ram
D/version Program Materials included implemen- Contingency
tat/on measures
Residential single-family Cans, glass, newspaper, plastic Available Add yard
curbs/de collection bottles, plastic tubs, corrugated,except waste on
boxboard, office paper, Anderson selected
magazines, telephone books -Valley & far urban-density
North County routes
Multifamily collection Cans, glass, newspaper, plastic Available None
bottles, plastic tubs, corrugated,except
boxboard, office paper, Anderson
magazines, telephone books Valley & far
North County
Commercial curbs/de Generally: c(~rrugated, boxboard. Available in None
collection Some areas: cans, glass, plastic most areas
bottles & tubs, office paper,
magazines, telephone books
Industrial & drop-box Generally: corrugated. Some Available in None
collection areas: wood, yard waste most areas
Disposal site drop-off Generally: cans, glass, Yes None
newspaper, plastic bottles,
corrugated, boxboard, office
paper, magazines, telephone
books, scrap metal, appliances,
tires, yard waste, wood waste.
Some locations: plastic tubs, milk
cartons, foam padding, clothing,
reusable items
Recycling buy-back service CA Redemption Items Available None
except
Anderson
Valley, Albion
area, Leggett
Backyard composting Yard waste Yes None
promotion Food waste
Public information on All materials Yes Increased
recycling expenditure
Promotion of recycling at All materials covered in particular Usually Require as
sign-up for garbage program condition of
service hauler
franchise and
monitor
compliance
Require recycling space in All materials No None
new developments
Garbage rate incentives to All materials Yes None
encourage diversion
Adopt source reduction All materials No None
procurement policy for
County operations
The County of Mendoc~no ~s participating in a waste characterization study in 1998
that will identify opportunities for increasing diversion. The SRRE programs will be
reevaluated at that time.
Preliminary Draft Summary Plan - 3/12/98- PAGE
Table 7. City of Ukiah diversion programs
Diversion Prog/:am Materia/s ir~c/u~ed /rnp/ernen- Contingency
ration measures to
increase
_. diversion
Residential single-family Cans, glass, newspaper, plastic Available None
curbside collection bottles, plastic tubs, corrugated,
boxboard, office paper,
magazines, telephone books, yard
waste
Multifamily collection Cans, glass, newspaper, plastic Available None
bottles, plastic tubs, corrugated,
boxboard, office paper,
magazines, telephone books, yard
waste
Commercial curbside Cans, glass, newspaper, plastic Available None
co I lectio n bottles, plastic tubs, corrugated,
boxboard, office paper,
magazines, telephone books, yard
waste
Industrial & drop-box Corrugated, wood, yard waste Available None
collection
Disposal site drop-off Cans, glass, newspaper, plastic Yes None
bottles, corrugated, boxboard,
office paper, magazines,
telephone books, scrap metal,
appliances, tires, plastic tubs, milk
cartons, foam padding, yard waste,
wood waste
Recycling buy-back service CA Redemption Items Yes None
Backyard composting Yard waste Yes None
pro m ct ion Food waste
Public information on All materials Yes Increased
recycling expenditure
Promotion of recycling at All materials covered in particular Yes None '
sign-up for garbage program
service
Require recycling space in All materials Yes None
new developments
Garbage rate incentives to All materials Yes None
encourage diversion
Adopt source reduction All materials Yes None
procurement policy for City
operations
The City of Ukiah is participating in a waste characterization study in 1998 that will
identify opportunities for increasing diversion. The SRRE programs will be
reevaluated at that time.
Preliminary Draft Summary Plan - 3/12/98- PAGE ! ]
Table 8. City of Fort Bragg diversion programs
D/version Prog/:am Materials included Implemen- Contingency
tat/on measures to
increase
diversion
Residential single-family Cans, glass, newspaper, plastic "Available None
curbs/de collection bottles, corrugated, boxboard,
office paper, magazines,
telephone books, yard waste
Multifamily collection Cans, glass, newspaper, plastic Available None
bottles, corrugated, boxboard,
telephone books, yard waste
Commercial curbs/de Cans, glass, newspaper, plastic Available None
collection bottles, corrugated, boxboard,
office paper, magazines,
telephone books, yard waste
Industrial & drop-box Corrugated, wood, yard waste Available None
collection
Disposal site drop-off Cans, glass, newspaper, plastic Yes No~e
bottles, corrugated, boxboard,
office paper, magazines,
telephone books, scrap metal,
appliances, tires, plastic tubs, milk
cartons, foam padding, yard waste,
wood waste
Recycling buy-back service CA Redemption Items Yes None
Backyard composting Yard waste Yes None
pro m ct ion Food waste
Public information on All materials Yes Increased
recycling expenditure
Promotion of recycling at All materials covered in particular Yes None
sign-up for garbage program
service
Require recycling space in All materials Yes None
new developments
Garbage rate incentives to All materials Yes None
encourage diversion
Adopt source reduction All materials Yes None
procurement policy for City
operations
Preliminary Draft Summary Plan - 3/12J98- PAGE
Table 9. City of Willits diversion programs
Diversion Program Materials i~clu-ded Implemen- Contingency
tation measures to
increase
diversion
Residential single-family Cans, glass, newspaper, plastic Available None
curbside collection bottles, plastic tubs, corrugated,
boxboard, office paper,
magazines, telephone books, yard
waste
Multifamily collection Cans, glass, newspaper, plastic Available None
bottles, plastic tubs, corrugated,
boxboard, office paper,
magazines, telephone books, yard
waste
Commercial curbside Cans, glass, newspaper, plastic Available None
oolleotio n bottles, plastic tubs, corrugated,
boxboard, office paper,
magazines, telephone books, yard
waste
Industrial & drop-box Corrugated, wood;yard waste Available None
collection
Disposal site drop-off Cans, glass, newspaper, plastic Yes None
bottles, plastic tubs, corrugated,
boxboard, office paper,
magazines, telephone books,
scrap metal, appliances, tires,
plastic tubs, milk cartons, clothing,
yard waste, wood waste
Recycling buy-back service CA Redemption Items Yes None
Backyard composting Yard waste Yes None
pro m ct i o n Food waste
Public information on All materials Yes Increased
recycling expenditure
Promotion of recycling at All materials covered in particularYes None
sign-up for garbage program
service
Require recycling space in All materials Yes None
new developments
Garbage rate incentives to All materials Yes None
encourage diversion
Adopt source reduction All materials Yes None
procurement policy for City
operations
The City of Willilts ~s participating in a waste characterization study in 1998 that will
identify opportunities for increasing diversion. The SRRE programs will be
reevaluated at that time.
Preliminary Draft Summary Plan - 3/12/98- PAGE
pesticides
herbicides
poisons
acids
bases
toxic cleaners
photo chemicals
fluorescent light tubes
chloroflorocarbon refrigerants
Drop-off recycling of certain household hazardous waste items is available at the
following recycling centers:
Table 11. Drop-off recycling of household hazardous waste items
Facility Motor Oil Oil Filters Antifreeze Vehicle
Batteries
Mendocino X X X
Recycling
Center, Ukiah
Solid Wastes of X X X X
Willits
Recycling &
Transfer
Laytonville X X
Recycling
Center
Fort Bragg X X
Disposal
Pirate's Cove X
Restaurant
Point Arena
Covelo X X
Transfer
Station
4.3 Additional nondisposal facilities
With the projected closing of the Ukiah and South Coast landfills, transfer stations are
planned to replace them in those areas. The Ukiah transfer station will potentially
serve all jurisdictions in Mendocino County except the City of Point Arena. The South
Coast. transfer station will serve a portion of the unincorporated County and the City of
Point Arena.
A recycling processing facility is planned for Ukiah by Solid Wastes Systems to sort
and bale recyclables. This facility will serve the City of Ukiah and a portion of the
unincorporated County.
Preliminary Draft Summary Plan - 3/12/98- PAGE ].5
4.4 Coordination or consolidation of programs
The following coordination or consoiidation of programs has occurred:
-o
The mobile household hazardous waste collection service, backyard composting
promotion, and general recycling education and information are provided for all
jurisdictions by the Mendocino Solid Waste Management Authority.
Some cooperation occurs between franchise haulers in the processing of recyclables.
However, this occurs at the discretio, n of the individual haulers and may change at any
time. In the Fort Bragg, Willits and Point Arena areas, a consolidated recycling
collection program is run for the city and surrounding unincorporated area because
the same hauler serves both.
Each jurisdiction has assigned the principal responsibility for recycling to a franchised
hauler, subject to terms of the franchise contract. As of 1998, four different haulers
provided service to portions of Mendocino County. This limits the potential for
coordination or consolidation of programs.
PART 5 -- Countywide Integrated Waste Management Plan Financing
CCR Section 18758
5.1 Costs of Countywide programs
The estimated costs for the countywide services of the Mendocino Solid Waste
Management Authority in 1997-98 are:
Household Hazardous Waste Program
$180,000
Recycling Education & Promotion
$21,6OO
Backyard Composting Promotion
$0
(bins resold at cost by
recycling centers)
Preliminary Draft Summary Plan - 3/12J98- PAGE
Funding sources for these programs were a surcharge on solid waste disposal which
is collected at solid waste disposal sites and paid to the Mendocino Solid Waste
Management Authority.
5.2 Funding sources for recycling diversion programs
Recycling collection is carried out principally by franchise haulers under contract to
local government jurisdictions. The costs of providing recycling, including any
subsidies if required, are paid through the garbage collection revenues of the haulers.
In a few situations, local government jurisdictions incur direct costs for waste diversion
services. These include:
1. Payment of processing costs for tires and yard & wood waste received at
Ukiah Landfill. These costs are paid through tipping fees on these items
charged at the landfill gate.
2. Payment of processing costs for tires, scrap metal, appliances, yard waste
and wood waste received at County transfer stations and the South Coast
landfill. These costs are paid through tipping fees on these items charged at the
facility gate.
General Integrated Waste Management Plan preparation for all jurisdictions, including
Local Task Force support, is provided by the Mendocino Solid Waste Management
Authority, which is funded by a surcharge on disposal at landfills.
Preliminary Draft Summary Plan - 3/12J98- PAGE
Mendocino Solid Waste
Management Authority
A Joint Powers Public Agency
Michael E. Sweeney
General Manager
P.O. Box 123
Ukiah, CA 95482
Telephone (707) 468-9710
Fax (707) 468-3877
February 9, 1998
Candace Horsley
City Manager'
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
Dear Candace:
On January 28, 1998, the Board of Directors of the Mendocino Solid Waste
Management Authority received a statement from the Mendocino Solid Waste Local
Task Force (AB 939) concerning the drafting of the AB 939 Summary Plan.
This statement is enclosed.
The California Integrated Waste Management Board has advised MSWMA that the
Summary Plan should encompass any revisions that Mendocino County jurisdictions
seek to make in the recycling policies that were originally set forth in their Source
Reduction & Recycling Element.
Prior to giving me direction on what policies the Summary Plan should be drafted to
include, the MSWMA Board decided that the Local Task Force recommendations
should be sent out to the jurisdictions for consideration. That is the purpose of this
letter.
It should be noted that the draft Summary Plan, when available, will be sent to each
jurisdiction for approval.
Sincerely,"
Mike Sweeney
enclosure
Mendocino Solid Waste Local Task Force (AB 939)
c/o Anne Crowder, Secretary
P.O. Box 1413
.Willits, CA 95490
January 27, 1998
Mendocit~o Solid Waste Mangement Authority
County of Mendocino
City of Ukiah
City of Willits
City of Fort Bragg
City of Point Arena
California Integrated Waste Management Board
The Local Task Force met on January 22, 1998 and reviewed the status of AB 939
compliance in Mendocino County and discussed the drafting of the Sum~nary Plan.
The following motions were passed;
1. The LTF recotnmends that MSWMA develop a maximum.
diversion program for the Summary Plan to meet. the 50%
diversion goal with a contingency for inandatory diversion.
AYES: Ooodrick, Ward, Galli, McFarland, Madrigal, Beebe, Steffen, Skezas,
Altaras, Crowder and Gridley.
NOES: None.
ABSENT: Cayler, Healy, Morley
2. A maxitnmn diversion progrmn shall include, but shall not
be limited to:
A. Recycling available at every point of disposal;
B. Recycling opportunities for every material for which a
viable market exists; and
C. Haulers will be required to promote the use of
recycling.
AYES: Goodrick, Galli, McFarland, Madrigal, Beebe, Steffen, Skezas, Altaras,
Crowder and Gridley.
NOES: Ward.
ABSENT: Cayler, Healy, Morley
(1)
3. The LTF recommends that a substantial portion of the
savings realized in the switcl~ I'roln landfills t.o transfer stations
I}c available lo improvc recycling syste~ns whcre ncedcd to meet
the 50% mandate.
AYES: Ward, Ga_Iii, McFarland, Madrigal, Beebe, Steffen, Skezas, Altaras,
Crowder and Gridley.
NOES: Goodrick. ·
ABSENT: Cayler, Healy, Morley ..
Anne Crowder, Secretary
Merdocino Solid Waste Local Task Force (AB 939)
(2)
Mendocino Solid Waste Management Authority
P.O. Box 123
Ukiah, CA 95482
(707) 468-9710
February 25, 1998
Daniel G. Pennington, Chairman
California Integrated Waste Management Board
8800 Cal Center Drive
Sacramento, CA 95814
RE: Compliance Schedule for Submittal of Summary Plan
Dear Mr. Pennington:
The Mendocino Solid Waste Management Authority has been delegated the
responsibility of preparing the Summary Plan on behalf of Mendocino County and its
cities.
In response to your letter(s) of February 18, 1998, the following compliance schedule is
provided for the Mendocino County Summary Plan:
Distribution of Preliminary Draft of Summary Plan
Consideration and comment by jurisdictions & LTF
on Preliminary Draft
Response to comments
Distribution of Final Draft of Summary Plan
Consideration and comment by jurisdictions & LTF
on Final Draft
· .
Filing CEQA Document
..-'Notice of Public Hearings on Final Draft Summary
Plan by county and all incorporated cities
End of Public Comment Period on Final Draft
March 12, 1998
March-April, 1998
April 30, 1998
April 30, 1998
May, 1998
May 1, 1998
June i, 1998
July 1, 1998
Daniel G. Pennington
February 25, 1998
Page Two
Local hearings and adoption of Final Draft by
county and incorporated cities
Document complete
Sub~nittal to CIWMB
August 1, 1998
October 1, 1998
..
October 1, 1998
Please be advised that the reason for the delay in completion of this Plan is Mendocino
County's consideration of possible changes in divers". '" ~rograms.
Brace Burton
Chaiman
Mendocino Solid Waste Management Authority
cc:- Board of Supervisors, County of Mendocino
(~ity' Council, City of Uldah
City CoUncil, City of Fort Bragg
;iCity Council, City of Willits
City'Council, City of Point Arena
Title 14 - Regulations - Chapter 9 - Part 6 Page 13 of 22.
Sections 40051, 40970- 40975, 41700, 41701, 41702, 41703, 41704, 41750, 41750.1, 41751, and
41791, Public Resources Code.
18777. Role of the Local Task Force.
(a) The role of the Local Task Force (LTF) shall be to assist and advise the agency(les) responsible
-for preparation of the Siting Element and the Summary Plan. 'lite LTF shall guide the preparation
and review of.these documents prior to their circulation to reviewing 3gencies and to the Board, to
aid J.n ensuring that the eotmty or regional agency adequately plans for meeting.future solid waste
handling :and disposal needs.
Co) Within 30 days of its establishment, the LTF shall determine and verify the remaining permitted
combined disposal capacity of existing solid waste disposal facj. lities in the county or regional -
agency.
(c) If the .county and the cities within the county determine that the representation of the current LTF
4s not adequately addressing the needs of the county, cities, or public,' a new LTF may be established.
The new LTF membership shall be approved as described in Public Resources Code section 40950.
'Within 30 days of the establishment of the new LTF, a membership roster containing the names,
phone nUmbers, and'member representation shall be'sent to tl~e Board.
Note
Authority cited:
Section 40502, Public Resources Code.
Reference:
Sections ¥O00L 409'50, 41751,' and 41791, Public Resources Code.
18778. PUblic Participation in the Preparation of the Preliminary Draft Siting Element and
Summary Plan.
(a) The general public, affected governmental entities, and private industries shall be given an
opporturdty to comment on the development and implementation of the preliminary Siting Element
and Summary Plan at informative meetings and public heatings.
(1) The ageney(ies) responsible for preparing the preliminary Siting Element and Summary Plan.:
shall hold at least one public meeting to rec~ve public comment on these preliminm'y draft
documents. Notice of the public meeting shall be provided pursumat to section 18782 of this-article.
Note
Authority cited:
Section 40502, Public Resource.~ Code.
ReferenCe:
Sections:40900, and 41793, Public Resources Code.
18779. Procedures for the Pkeparation and Review of the Preliminary Draft Siting Element
and Summary Plan.
(a) Preparation of the Preliminary Draft Siting Element and Summary Plan. Each cotmty and
regional agency shall prepare a preliminaxy draft of its Siting Element and Summary Plan. The
agency(les) responsible for preparation of the preliminary draft(s) shall consider LTF
recommendations and public input during the development and revision phases. The preliminary
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Title 14 - Regulations - Chapter 9 - Part 6 Page 14 of 22
draft(s) shall be sent to the LTF, incorporated cities within the county, member agencies within the
regional agency, and the Board.
(b) Review by LTF.. The preliminary dra~ Siting Element and Summary Plan shall be reviewed by
the L TF. Within 45 days of receipt of each preliminary draft, the LTF s~halI send written corarnents
to the Board and to the agency preparing each preliminary draft document.'
(c) Review by Incorporated Cities. Within 45 days of receipt of the preliminary draft Siting Element
and Summary Plan, each incorporated city within the county and regional agency, shall review each
preliminary draft and send written comments to' the agency responsible for preparing each
preliminary draft document.
(d) Review by Member Agencies. Within 45 days of receipt of the preliminary draft Siting Element
and Summary Plan, each member agency w/thin the regional agency, shall review each preliminary
draft and send written comments to the agency responsible for preparing each preliminary drat~
document.
(e) Review by the Board. Three hardcopies of the preliminary draf~ Siting Element and Summary
Plan or two hard¢opies and two magnetically coded disks in a Board approved format shall be
submitted to the Board. Within 45 days of receipt of the required copies of the preliminary draft
Siting Element and Summary. Plan, the Board shall send'written comments on the adequacy of each
preliminary draft to meet the requirements of the Integrated Waste Management Act of 1989, as
amended, to the agency responsible for preparing each draf~ document. A copy of the Board's
preliminary, draft Siting Element and Summary Plan comments shall be simultaneously sent to the
LTF. '
(f) Other Agencies. A copy of the preliminary- draft Siting Element and Summary Plan shall be
submitted to all associations of governments and to any Local Enforcement Agency located within
the boundaries of the county or regional agency. Within 45 days of receipt of the preliminary draf~
Siting Element and Summary Plan, each of those agencies receiving a copy may send written
comments to the agency responsible for preparing the preliminary, draft document.
Note
Authority cited:
Section 40502. t>ubtW t~esources Code.
R ef ¢l'egt¢¢:
Sections 409'00, 40950, 4l 700, 41701, 41703, ¥ ! 704, 4I 710, 41730. 42 751, and 41791. Public
Resources Code. '
18780. Procedures for the Preparation of the Final Draft Siting Element and Summary Plan.
No later than 105 days after the close of the 45 day review period for the preliminary draR Siting
Element and Summary, Plan, thc agency responsible for preparing each draft document shall respond
in wa'iting to each comment received on each preliminary draft, and prepare a the final draft Siting
Element and SUmmary Plan.'
(a) A copy of the final draft countywide Siting Element and Summary Plan, including a copy of the
written responses to: comments received, shall be sent to the LTF, each incorporated city in the
county, each Local Enforcement Agency (LEA) in the county, applicable associations of
governments, and any regional agencies in the county.
(b) A copy of the final draft regionwide Siting Element and Summary Plan, including a copy of the
written responses to comments received, shall be sent to each member agency of the regional agency
formed pursuant to section 18776(b)(3) of this chapter, each LTF and LEA in the regional agency,
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Title 14 - Regulations. Chapter 9 - Part 6
and applicable associations of goverranents.
Page 15 of 22
Note
Authority cited:
Section 40502, l~ublic Resources Code.
Reference:
Sections 40900, 40950, 41700, 41701, 4170.3. 41704, 41710, 41750. and 417.51. Public Resources
(7ode. ' ' '
18781. Local Task Force Review Process.
(a) Within 45 daYs of receipt of the final draft Siting Element and Summary Plan, the LTF shall
submit x~ritten comments to the following:
(t) the county or regional agency responsible for the preparation of the final draft Siting Element and
Summary Plan;
(2) each incorporated city within the county or each member agency within thc regional agency;
(3) each regional agency within the county; and
(4) the Board.
1Vote ,
A uthori~ cited:
Section ,10502, Public Resources Code.
ReJkrence :
Sections 40950 and 417.52, public Resources (:ode.
18782. Notice Requirements for Public Hearings.
(a) At least 30 days in advance of the scheduled public heating to take comments on the preliminary
draft Siting Element and Summary Plan as specified in CCR section 18778 of this article, the county
shall publish a notice of the public hearing in a local newspaper of general circulation.
(b) At least 30 days in advance of the scheduled public hearing for the purpom of adopting the final
draft Siting Element and Summary Plan, as specified in CCR section 1878.3 of this article, each
incorporated city within the coun~ and the county or designee shall publish a notice of the public
hearing in a local newspaper of general circulation.
(c) At least 30 days in advance of the scheduled public hearing to take comments on the preliminaxy
draft Siting Element :and Summary Plan, as specified in CCR section 18778 of this article, the
regional agency formed pm'suant to section 18776(b)(3) of this maicle shall publish a noti~ce of the
public heating in a local newspaper of general circulation.
(d) At least 30 days in advance of the scheduled public hearing for the purpose of adopting the final
draft Siting Element and Smnmary Plan, as specified in CCR section 18783 of this article, each
member agency within the regional agency and the regional agency shall publish a notice of the
public heating in a local newspaper of general circulation.
Note
A uthorRy cited:
Section 40502, .publicRcsources Code.
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Title 14 - Regulations - Chapter 9 - Part 6
Section 41793, Public Resources, Code.
---
Page 16 of 22
18783. Local Adoption of the Final Draft Siting Element and Summary Plan, and the
Count).'wide and Regional Agency Integrated Waste Managemeni Plans.
(a) Local adoption of the CIWMP will occur when the final draft Siting Element and Summary Plan
are adopted by the county and. thc cities within the county' as described, in Public Resources Code
section 41721 and 4.1760. A final draft Siting Element and Surmnary Plan submitted for local
adoption shall be accompanied by environmental documentation verifying compliance with the
Califvmia Environmental Quality Act (CEQA), pursuant to Public Resources Code sections 2 I000 et
seq.
(1) Each incorporated city in the county, and the county, shall conduct a public heating for the
purpose, of adopting the final draft Siting Element and the Summary Plan, After considering all
public comments, the county and each city within the county shall, by resolution, either approve or
disapprove the final 'draft Siting Element and Summary Plan. Failure by a city to take action on the
Siting Element or Summary Plan shall be deemed an approval of the Siting Element or Summary
Plan by that city.
(2) If the final draft Siting Element and Summary Plan are not approved by Me county and the cities
within the county, pursuant to PRC sections 41721 and 4I 760, then the county shall revise the
deficient area, within 90 days of the close of the local jurisdiction review period specified in PRC
section 41721 and reeirculate them for local approval, pursuant to sections 18780 through 18785 'Of
this article. These revised documents shall be approved as described in Public Resources Code
sections 4 i 72 i and 41760.
(b) Local adoption of the RAIWMP for a regional agency preparing documents pursuant to section
18776(b)(3)(A) and (5) of this article will occur when the final draft Siting Element and Summary
Plan from each county that makes up the regional agency have been adopted by the c. ounty and cities
within the count3'. These revised documents shall be approved as described in Public Resources
Code sections 4I 721 and 41760. A f'mal draft Siting Element and Summary' Plan shall be
accorapanied by environmental documentation verifying compliance with CEQA, pursuant to Public
Resources Code sections 21000 et seq.
( 1 ) Each incorporated city in the county, and each county, shall conduct a public hearing for the
purpose of adopting the final draft Siting Element and Summary Plan. After considering all public
commems, each county and each city within the county shall, by resolution, either approve ot
disapprove the final draft Siting Element and Summary Plan.
(2) If the final draft Siting Element and Summary Plan are not approved by each county and the
cities within each county as described in Public Resources Code sections 41721 and 41760, then the
count>.' responsible for preparing the final draft Siting Element and the Summary Plan shall revise the
deficient areas within 90 days of the close of the local jurisdiction review period specified in PRC
section 41 721 and recireulate them for local approval, pursuant tv sections 18780 through 18785 of
this article. '
(c) Local adoption of the RAIWMP for a regional agency preparing documents pursuant to section
18776(b)(3)(B) of this article will occur when'the final draft Siting Element and Summary Plan have
been approved by the regional agency and by a majority of the member agencies within the regional
agency except in those regional agencies which have only two member agencies, in which case the
Siting Element and Summary Plan are subject to approvdl of the member agency which contains a
majority of the population of the member agencies of the county. Each member agency shall act
upon the Siting Element and the Summary Plan within 90 days after receipt of the documents. If a
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AGENDA
SUMMARY
6c
ITEM NO.
DATE: APRIL 1, 1998
REPORT
SUBJECT:
ADOPT ORDINANCE AMENDING SECTION 7071 OF THE UKIAH
MUNICIPAL CODE BY ADDING THE SPEED ZONE OF 30 MPH FOR
AIRPORT PARK BOULEVARD
Submitted for adoption is the ordinance amending Section 7071 of the Ukiah
Municipal Code for the establishment of a 30 MPH speed zone for Airport Park
Boulevard from Talmage Road to Airport Road. The proposed ordinance was
introduced by title only at the City Council's regular meeting of March 18, 1998.
RECOMMENDED ACTION: Adopt Ordinance Amending Section 7071 of the Ukiah
Municipal Code by Adding the Speed Zone of 30 MPH for Airport Park Boulevard.
ALTERNATIVE COUNCIL POLICY OPTIONS: Do not adopt ordinance.
Appropriation Requested:N/A
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attach me nts:
N/A
Public Safety Department and Traffic Engineering Committee
Rick H. Kennedy, Director of Public Works/City Engineer ~
Candace Horsley, City Manager
1. Proposed Ordinance.
APPROVED:
R: 1 \PVV:kk
AAIP.SZ
Candace Horsley, Cit~Manager
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.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH
AMENDING SECTION 7071 OF THE UKIAH MUNICIPAL CODE
BY ADDING THE SPEED ZONE OF 30 MPH FOR AIRPORT PARK BOULEVARD
The City Council of the City of Ukiah does hereby ordains as follows:
SECTION ONE.
Section 7071 of the Ukiah Municipal Code is hereby amended by the addition of Paragraph D which
shall read as follows:
D,
Airport Park Boulevard: Thirty (30) miles per hour for both directions of travel from
Talmage Road to Airport Road.
SECTION TWO.
This Ordinance shall be published as required by law and shall become effective thirty (30) days after
it is adopted.
Introduced by title only on March 18, 1998, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone
PASSED AND ADOPTED this 1st day of April, 1998, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Sheridan Malone, Mayor
Colleen B. Henderson, City Clerk
B:ORD
AIP
Ordinance No.
Page 1 of I
ITEM NO.
DATE:
6d
APRIL 1, 1998
AGENDA SUMMARY REPORT
SUBJECT: APPROVE BAD DEBT WRITE-OFF REPORT FOR FISCAL YEAR 1996/97
Attached for Council's approval are the bad debts accumulated during the
past fiscal year. The amounts to be written off are from utility
billings and total $45,397.65. This represents 0.26% of the total
billings generated during the period. This bad debt rate is better than
the City's standard of h of 1 percent of billings as an allowance for
doubtful accounts. After approval by Council, staff will adjust the
"allowance for doubtful accounts" in the general ledger by the actual
write off amount.
To measure collection performance, utility billing revenues for the year
were compared to this loss. Of the total billings of $17.3 million,
99.74% were collected through the efforts of the utility billing staff
and the collection agencies. Conversely, of the total billings of $17.3
million, 0.26% were bad debts.
Page 3 is a schedule that identifies the general reason for the write off
and the amount associated with it and comparisons with prior years. The
graphs on pages 4 and 5 display the amount of write-offs for the past
several years and the percentage of the total amounts billed that these
write-offs represent.
Continued - Page 2)
RECOMMENDED ACTION:
Approve the Bad Debt Write off for fiscal year 1996/97 in the amount
of $45,397.65.
ALTERNATE COUNCIL POLICY OPTIONS: 1. Not approve the bad debt write off.
2. Suggest alternative collection methods
Acct. No. (if NOT budgeted): N/A Acct. No.: 612.116.100 $5,901.70
670. 116. 100 $1,361.94
800. 116.100 $33,140.26
805.116.100 $453.98
820.116.100 $4,539.77
Prepared by: Gordon Elton, Finance Director;
Patsy Archibald, Customer Service Supervisor
Candace Hor$1ey, City Manager
Detailed listings of accounts to be written off
Coordinated with:
Attachments:
APPROVED:
Candace Horsley,lCity Manger
,
GE:BAD-DEBT.AGN
BAD DEBT WRITE-OFF REPORT (Continued)
The following information illustrates the volume of late paying accounts
compared to the total customer volume per month during fiscal year
1996/97.
Average No.
Day* Event/Notice Of Customers Percent
1 Initial billing issued 8,778 100%
30 Reminder billing notice 3,142 35.7%
36 Delinquent letter 1,156 13.1%
46 Final Notice 572 6.5%
53-55 Electric service disconnected 32 0.36%
* Actual number of days may increase due to holidays and weekends.
As the above numbers indicate, the majority of the customers wait until
the reminder notice is mailed before paying their bill. Sewer customers
who have unpaid balances when the next bill is issued are assessed a 10%
penalty on their sewer charge. No additional late charges are assessed
until the "Final Notice" is issued. More than 9 out of 10 customers have
paid before this happens.
The Customer Service Representatives interact with the customers at each
of the steps in the collection process. They continually strive for the
right balance between firmness and flexibility that promotes good
customer relations and a high level of collections. They utilize all the
options available within the City policies and procedures to allow
continued utility service and receipt of payment for balances due. Not
all customers pay their accounts within the allowed time limits and have
their utilities discontinued.
When accounts are closed with balances due, a series of three letters and
various telephone calls are made before a decision is made to pursue
small claims and/or collection agency action. Accounts are pursued even
after the Council has taken action to write-off the account. Amounts
collected on written-off accounts are recorded as adjustments to the
"Allowance for doubtful Accounts".
Staff recommends the City Council approve the bad debt write-off for
1996/97.
GE:BAD-DEBT.AGN
3unomv ~o-m, UM
LO 0 LO 0 LO 0 LO 0
~ ~'~ C'4 C~I ~- ,e- 0 0
c5 c~ c~ c5 o c5 c5 o o
lue:)Jed .l.jo-el!JM
Bad Debt Write-offs
Compared to Total Billings
18,000,ooo.00
16,000,000.00
14,000,000.00
12,000,000.00
10,000,000.00
8,000,000.00
6,000,000.00
4,000,000.00
2,000,000.00
[] Write-off Amount
[] Billing Amount
FY FY
1991/92 1993/94
& 92/93
FY FY FY
1994/95 1995/96 1996/97
Page 5
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Sa
ITEM NO.
DATE: APRIL 1, 1998
SUBJECT:
AGENDA SUMMARY REPORT
ADOPTION OF RESOLUTION APPROVING COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) APPLICATION-UKIAH COMMUNITY CENTER
Last year the City, in conjunction with the Ukiah Community Center (UCC), applied for a
Community Development Block Grant to purchase the property and building within which UCC
is housed and provide additional funds for services. That application was unsuccessful, but UCC
has proposed a similar project for this year's grant cycle.
The grant application requests a total of $ 499,647 for building and property acquisition,
on-site improvements, refinancing an existing bank loan, additional delivery services, and grant
administration. These activities meet the eligible project standards for the program and will
enhance UCC's ability to furnish necessary services for the targeted population in a more efficient
manner. Long term site control will allow UCC a greater opportunity to stabilize its operational
base for service delivery. The City has a long term alliance with UCC and staff believes this
grant will be a significant benefit to the entire community. There are no City funds obligated in
this program, though staff services, public notices, and the City Council's consideration represent
a small portion of the City's commitment to this endeavor.
(Continued on page 2)
RECOMMENDED ACTION: Adoption of Resolution Approving Community Development
Block Grant (CDBG) Application-Ukiah Community Center
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. Determine resolution should be modified, identify changes, and adopt revised
resolution.
2. Determine application is not to be submitted and do not adopt resolution.
Acct. No. (if NOT budgeted): N/A
Appropriation Requested: N/A
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
Acct. No.' N/A
N/A
Ukiah Community Center
Michael F. Harris, Risk Manager/Budget Officer
Candace Horsley, City Manager
1. Resolution for adoption, page 1.
2. Draft grant application, pages 2-59.
(~a~dace I-:lo'rsley, Ciiy ~anager
1998 CDBG APPLICATION
APRIL 1, 1998
PAGE 2
The CDBG process requires two public hearings prior to the transmittal of an application
to the State Department of Housing and Community Development (HCD). The initial hearing is
to be held during the project design stage to inform the general populace of the CDBG Program,
discuss the benefits of the program, and provide an opportunity for public input regarding
potential uses of the monies. The second public hearing is to approve the application submittal.
The first public hearing was conducted by Staff on March 6. At that time Staff discussed
the Program and process, and identified the facts that: 1) during the current CDBG funding cycle
there is approximately $23 million available for distribution statewide; 2) $800,000 is the maximum
award for any single jurisdiction under both the General and Economic Development components
of the Program; 3) $500,000 is the maximum per application per year for either component; 4)
the projects applied for must benefit persons in the Targeted Income Group (TIG) as defined by
HCD which generally encompasses individuals or families with income levels of very Iow (30-50%
of County median), Iow (51-80% of County median), and moderate (81-120% of County median);
and 5) eligible activities include Housing, new construction and rehabilitation, Community
Facilities and Public Services, and Public Works.
The second hearing, that which is being conducted by the Council at the April 1 meeting,
is to reiterate the facts presented in the first hearing, fully describe the proposed activity being
applied for, the funding amount requested, time schedule, and how TIG persons will benefit.
The application is attached and will be expanded upon by verbal presentations at the meeting.
There were no comments or public input at the March 6 hearing and Staff has received no
written comments in response to either public hearing public notices.
Staff believes that the project is appropriate and will significantly enhance our community's
efforts in service delivery. We recommend adoption of the resolution approving the grant
application and authorizing the City Manager to act on behalf of the City for all CDBG application
matters.
rnfh:asrcc98
0401CDBG
RESOLUTION NO. 98-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH
APPROVING AN APPLICATION AND CONTRACT EXECUTION FOR FUNDING FROM THE
GENERAL/NATIVE AMERICAN ALLOCATION OF THE STATE COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) PROGRAM AND AUTHORIZING THE EXECUTION OF A GRANT
AGREEMENT AND ANY AMENDMENTS THERETO WITH THE STATE OF CALIFORNIA FOR
THE PURPOSES OF THIS GRANT
WHEREAS, the Community Development Block Grant (CDBG) Program will assist local entities
in providing assistance to very Iow, Iow, and moderate income persons (Targeted Income Group); and
WHEREAS, the Ukiah Community Center has proposed a project which will enhance its ability
to provide services to the Targeted Income Group and the City of Ukiah desires to participate in this
activity through the CDBG process.
NOW, THEREFORE, IT IS HEREBY RESOLVED, by the City Council of the City of Ukiah as
follows:
1 ) The City Council has reviewed and hereby approves a CDBG application for up to:
Ukiah Community Center building acquisition: $352,000
Ukiah Community Center property on-site construction:
Refinance existing Ukiah Community Center bank loan
Ukiah Community Center activity delivery
General administration
28,050
50,000
32,097
37,500
2)
3)
the City Manager is hereby authorized and directed to act on the City of Ukiah's behalf in
all matters pertaining to this application; and
if the application is approved, the City Manager is authorized to enter into and sign the
grant agreement and any amendments thereto with the State of California for the purposes
of this grant.
PASSED AND ADOPTED this 1st day of April, 1998 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Sheridan Malone, Mayor
Colleen B. Henderson, City Clerk
Resolution No. 98-
Page 1 of 1
APPLICATION FOR FUNDING
CITY OF UKIAH
CDBG PROPOSAL
UKIAH COMMUNITY CENTER
APRIL 2, 1998
i i iii ill J i~[ . i , .......
,,
4.
Applicant: 13 City of 0{ciah
Total ~mou=t off.ds ~ $ 49~
_, k~.~l~ {a ~ ~ of l~endocino
Official amimnze~ ro sign the Grnnt .{t~mement p~ tim R~mlutim:
Name':. _ Noraley Candace
i i i i ii iii
it~m~ list of CDBG
, ,,~ to~al on I~ j. ~ ~ tl~ m~ml ~uuum mqu~m~l ~, l~u~ 2. ~ove.
95482-5400
, lis , i i l
(Zip
c.Housing- Rehabiiimllou
A,~ivity delivery
f. Commm~/
Acavity cleliver~, .................
g. Public
_ ? .~v,.~,Wy' d~liv~/
·
h,. PubU= Works
__
TOTAL
i :: ,lam mm I iii
S ~7,500
$
$
$
, , , ,,, ,,,,
$
_
$
III
$
_
4,39,050 ,,
, ~2 t 097
$
$ .4...9. 9 ,, 647
~_ ii
of agUvitm, dolla~
15
6. Cem.su~ D~m
__ I III III I I I I I II I
ffYou c~ked tat~ srea, chn~ wttir, h anna m you us~ (s~ ~ ru: C. mm~ Block
Group numb~s).
Cm~sus Trot da~a; ~nt~r Cm Tra~
enter C.,mSm Block
IIII II in I ! II
.
Proposed ^cti~it',/(ies) and Beneficiaries by income Group:
I I I II III II I ]]1 I III lU I II I I
II i
A. B. C.
$1% and Abov~ ~ 51% - ~ Below 50%
(Non-TlO) (T~G)
Il Il I
, [ [[][ ..........
~ i Ill I Il I i ii i
~1~ i i i
·
[Idill].illl ......... ,. .
~3 ~ i iii
........
.....
_
ii · i · i ii i i i
- _ ilI I I Il i i
·
..,,! .............. i .-. t ,
I I I IIII II III I
16
-,4-
rI3 No; stop hem and go on to ~.
Yes; e=ter amouat you expect to use: S . Check which Nationai Objec:ivc
will be met by this activity an~l'~ brief description in the space .below:.
0
Targeted lucome ~ behest '
Slm-q ami biill~t
Urgen~ riced
Briefly describe the a~ivi~(~) proIx~s~ to be funded by Pmgmu ]nc. omc:
.
Applicant's SL~ConIact In.formation:
, , ,,,,,, ,
III IIII II III Il Il I Il Ill Illll I
Harris Fks't: m. ehae~ MI~ ;
- , t
Title:
__ _
Risk Manager/Budget Officer
_ City: UX~aA Suue: CA
._ 1, ,
Telephone #:
.~uaCod~: (70') 468-6283
I I I I Ill I I Il Il Ill I
Cousul~U~ Pubfic ~ C..oam~ Infonnatio~
I0.
Fax #:
Z~p:, 95482
Ill II I [
IIII Illll I I II . III
~ ..... Judd ,,, F'l~,' ~uc~y
·
Title:. Executive Director, D~iah Co,,,~_unit~ Cen~er
~ 11 l,,, n, , I I l~, ,
C{~: u~i ah State:
CA
T¢iel~on=#: ~Code: (70~) 462-6183
_
Illll , _ ltl Il I Ill,
Fax ~
95482-3410
CODE: (~07)462-0654
I1 I
17
L~S G/NA
........................ City of ,Uk_t. ah Applieant
PART B. .TYPE OF APPLICATION
i [ i [ [[[[1[ i [ nnl IJl Il J Il[ Il
I. K] On Applicant's Own Behalf
and
3. ~ For..0neFundin~Cycle
~,. [2 For Two Fundha8
Il I Ill I IIIll I I Ill I I II I I I I Ill_ .,, Ii
For Fundi~ from ~: ~
C] Native Amedcan Allocagon
Cl N~me of~o~Pedmflly m~o~
mm__
.........
C3 The N~ive ~ popuhliou
within ~e ~rg~ a~a~ $1% of
the nnme ofg~e ~ or
- ' ' Ill Il] [illin [ [ _ _
PART C. LEGISLATINrE REPRESENTATIVES
_ _
Illl II Illll
Member of the
Assembly
.
ii [ ,
District No. z
V_irginia St rom-
Nazi.: Nartin
Capitol Room #:
4098
Name:
Capitol Room #:
1. Disui~ No. 2
~.. Nm'~: Hike Thompson
Ill IlL J -- -- I ,, Ill . , 11 ,11 .
Capitol Room #:
305~.
1. Dis~i~ No.
Name:
__ _ i se .i I
3. Capitol Room
I -
Illl Illll I I ~ _ I II
Member of Congress
I Il 1111I I Il Ill I
I. Di~i~t bio. ~.
2. Namc: Fran~ Rtggs
· I Ill, Ifdl,, J I
3. Offi~ Bldg. Amt addr~:
Longwor~h Bldg 1714
District No.
IJl_l
Office Bldg. ami address:
PART D.
PROGRAM INCOME ON ~
Enter th~ total amount ofum:ommim~ Im~gram ~ on ~:count loc~ly ~ of
Mar~ 3~. 199~h
$
PART E.
· Om~ AI~OR~ TO SUBMIT kI~UCATION
Candace Hor~e,v , . T[tl~__~ ci~ N.~na;ler
$ignan~_
Nam~
Signature
19
T~.07
1998 G/NA
Activity Description Form for Communi~ Fa~V~PubU~
City of Ukiah
NEED FOR THE ACTIVITY
What will th~ CDBG dollars bu ~ for?.
~ Community Facilities [~ Public Services
nm Acquisition ~ Salary
~ Consu~fion ' [3 CRher (~be),
f~ RchabiHtalion
/~ Other(~be)__t~,a,n reduction cOSts transferred bo
por6onnel
,
Proj~'t ~ption, state objective points, site control, and eaviromaental clearance.
Briefly describe th~ project and/or thc service to be provided. If you are ~ing a
combination activity or multi-year grant, explain aH ~ of these activities. If
multi-year, explain why tlc activity cannot be accomplished in one gram term. If the
proje~'t involves activities that will involve various user groups, describe the uses of
thc building/facility ami in~lud~ estimates for pcrc~tages of time projectmt for use by
each user group.
See page ,,. , Project Description
b.
Does this activ~ include a component for the complimenm:3, lO pcrcent
sct-asi~?
Yes
Ifyes, describe the eligible activity and the percent of benefit to the
targeted income group.
67
1998 G/NA
Activity Deseription Form for Community Fleiljfles/~bllc S~rvJees
Suture Objective Poinmo Please answer the questions below ii'you believe you should
receive points for ~8 the State objective, "Welfare Reform Activities" as
described in the 1998 NOFA.
Is this activity, primarily aimed at TANF recipients to faciliu~te their enu3t into
the workforce:
,
ffyes, describe. Include in the description the percale of the pwposed
beneficiaries who will be TANF recipients.
do
e,
Site control. If the proposed project involves site acquisilion, pl~Sc ansv,vr the
following question. NOTE: Site acquisition costs incun~ prior to the award ora
grant, execution of a grant agreemcut, and satisfaction of any special conditions _.are
not reimbursabl~ from the giant.
Do you have site control in place for al least 4 to 6 months beyond the anticipated
CDBG award date?
Yes. Attach documentatio~ See paqa
No. Expiaiu stares in th~ ~ provided bei0w/
Environmental clearance. Describe the anticipaled level ofenvironmcnlal clearance
for NEPA.
Not Appltcabl~
3~
V/hal basic problem will this activity address?
·
See page , Ba,eic Problem
68
4~
1998 G/NA
Activity Description Form for Community Faeili~blic Services
City of Ulriah Applics~nt
How was L~lis problem determined?
a, Survey of intended beneficiaries? [] YesEl No
b. Sew/ofcdst,~ scr~ic~ l~'els? Ill YesE] No
c. Letters describing the direct ~ YesE] No
health and sai'et~ impact?
Explain how and 1o whal extent the proposed project will solve this problem. Arc services
providers commilled?
See paoe .___, Hov Project W£11 Solve Problem
6~
Please describe below and on additional sheets, if necessary, each service to be provided,
continued or increased. If multiple servi~s are proposed, answer the following que,~ons
'h.~iL~~. See pages _ _.
Service(s) to bc provided, continued, or incre, a.sed.
h Is each service cm'rcntly ~rvailable locally?
C.
If not locally available., where is the nearest facility currently providing the proposed
service?
d.
Ifflxis is a proposed increase in an cxi~ing service, wha~ is ~h¢ unmet demand?
e. Are there any special impediments for 'FIG households to aox:ess this service?
,
If this is an ADA accessibility issue, what alternatives did you consider and why is Il'ds
alternative the. best solution?
Although maeting-ADA requirements is not the primary goal of this gran~,
·ome of th~ repairs in the p~ogram budget ~ill be to create six handi-
capped access stalls, and strtpin~ to indicate handicapped parking and
69
miD-
1998 G/NA
Activity Deseriptton Form for Community Fncilities~ublk Ser~lm
City of Z~l~inh App_kte-,~t
II I I I II II I II I I I I I II I
"':': , ~: ', OI~I'~O~LEM "'_ - -'" ~[t/JC~,~ . ":' FllOI~:~':'--''
,,,~ ' , - , ' ' " . .... ,,,, , . :~ ~:[~.'~ :.."7 · , ' ~'
~ of
S~ic~
Heai~
,
i iiI
F~a
~~ .....
iii
" ~ ~1 i i, i
j i iii iiiii ,,,
of ~
,.. , . ,, ~ . ...., .....
E~g~~
F~
,,.
_
·
B. TARGETED INCOME GROUP BENEFIT
What percent of households benefiting from this proposed activity, are TIG
households? loo %
.
'CIG ber~fit-how was it determined?
a. Income restriction?
b. Income survey of existing beneficiaries?
c. Income survey of potential beneficiaries?
d. Limited Clientele (presumed benefit)?
e. O~cr?
[] Ye.sC] No
IZI Yes I-I No
[] Yes 1'1 No
~ yes 171 No
Plcase a~ach documentation for the TIO benefit.
70
1998 G/NA
Activity D~seriptlon Fora tor Community Faeillties/~bUc Services
C~
De
.
You a~c not required to hav~ don~ a survey to establish benefit under Community
Services/Public Sewices, but ffyou did conduct a survey, please answer tl~ following:
Survey da~
Total # of anticipated bencficiarics
Number of households or persons surveyed
Number ofresponscs
Number ofTIO respon~
PERFORMANCE/CAPACITY
Does the applicant have any CT)BG Gcnm~ Allocation grants for thc years 1994,
1995 or 19967
Ye,s. Stop here and go on to Pan D., Leverage
No. Continue m que~i~ g2 be. low.
,
If funded from this application, how will you adminisu~r thc grant? All applicants who
respond to this question must attach suppo~g documentation with this application.
With in-house ~Only
Attach resumes and duty slal~wnents of staff who will be performing thc work.
With consultant services only
Attach a lelier of intcresl from a consultant that includes brief resumes of experience
administering CDBG projects.. Neighboring jurisdictions who have previously
administered a CDBG project may bc considered consultants for purposes of this
question.
Some combination of in-house and consultant services.
subcontract with the UCC in the administration
Attach resumes, duly statements, lctter, crc. as indicated
Is this activ~ for the purpose of assisting a non-profit corporation to
carry our a CDBG eligible activity? Yes x No
·
LEVERAGE. This section of the application ha~ wo parts- I. information about other
funding commitments for the proposexi project and 2. infommtion about how all the funds will
be used. Part I consisls of two separate information blocks.
Other fur~din~ commitm_.ents. List the amoums and sources ofcomribudons other
than CDBG (local and private). Attach documentation of commitments.
71
1998 G~NA
Aetivity D~'ripttou F~rm for Community Fm~ti~ Smvleea
Local Leverage Source
Amount in Resohtio~ Number
General administration
A~ivity cl~Uvery
Ukiah Couunit¥ Center
Dollars in
Resolution
$86,25I
(#ttaeh a copy of the
Resolu~on)
~achmen~s
1.b.
Privat~ Leverage. lflabor and materials a~c being contribumd, assi. g~ a dolhr value
on this chart and be sure the dollar value h ~cluded in the lcttcrs of commitm=nt
i ii ii i ii
i ii i i ii i ill il i
Private Leverage Source Amount in Date of
Doil~rA ia Lettt, r Commitmeot Letter
_, .......... from Sourze (a _t~e__h the le__ete_r)
Ukiah Coamunity center $1:t4 191 UCC 3/25/~8
.............. ' ,, Also see beverage
i,
i,
-: ,
iii i
i i ,
ii ii
i
i i .......
~tactmen~s
Need for CDBG Funds
The United Way of Sonoma-Mendocino-Lake conducted a survey ofunmet health and
human services needs in 1992. The Top Ten Unmet Needs in the Area were identified as:
Housing
Homelessness
Family Violence
Mental Health
Education
Employment
Substance Abuse
Delinquency Prevention
Financial Aid
Youth Services
A Stares Report on Children and Youth in Mendocino County prepared in June, 1996
reiterates the need for all of these services, with particular attention to children.
The Ukiah Community Center curremly addresses all of those needs, and will be able to
increase its service capacity by the using the savings accrued through the purchase of the
building and the reduction of the debt to increase staff capacity.
Impacts of Personal Responsibility and Work Opportunity Reconciliation Act of 1996
As indicated above, the 20% increase in service delivery which win result from receiving
the CDBG grant was needed even before the institution of the new Welfare Reform Act.
Today, as a result of the new welfare laws, aid in Ukiah will be even more desperately
needed.
On August 22, 1996, President Clinton signed a bill which drastically altered the
Country's Welfare System. Called the Temporary Assistance to Needy Families (TANF)
program, the new system impo.~es strict limits on the amount of time a family may receive
public assistance, limits the number of individuals who can receive SSI/SSP assistance and
drastically curtails food stamp eligibility.
Another group of individuals who are slated to be cut from welfare rolls are people
currently receiving SSI/SSP payments for drug and alcohol addiction and legal immigrants
to the United States. The state requires counties to provide General Assistance to
individuals who do not qualify for any other type of aid, and those numbers will increase
by about 200,
Once the time limits for public assistance go into effect, the
need for temporary shelter vouchers will increase dramatically, since certain groups of
welfare recipients will be cut off assistance and will be unable to pay rent. Without
housing, other problems will emerge for families and individuals requiring the caseworker
services provided by UCC and its volunteers.
Attachment F, prepared by the Mendocino Department of Social Services, estimates the
impacts of Welfare Reform on Mendocino County. Over 8,000 families will be affected
by the changes in the state program. In all 4,443 households ~ be affected by food
stamp reductions, and over 1,400 legal immigrants will be affected. It is clear that the
Crisis Hotline, Food Bank and Shelter Programs operated by UCC will be overwhelmed
with new requests for help. Adding a part-time staffer to expand the volunteer program is
a small but critical step in partially addressing these needs.
Community Service/Work Experience Program
The expected impacts on Mendocino County residents and the UCC have been briefly
described above. On the other side of the equation is the oppommity for the UCC to
preserve some of their benefits, and pro:4de a s.-tting to improve job readiness, by
becoming designated as a Community Services/Work/Experience site.
One of the main elements of the welfare refOrm program is the work requirement which
requires all public assistance recipients to find work or be involved in a Community
Services or Work Experience l~'. ogram in order to continue to receive aid. The Ukiah
Community Center has long been used by the Court System as a community service
alternative to jail time. It has also been used by the Department of Social Services as a job
site for the General Assistance Program and the GAIN program. Participants in both of
these programs have worked in the Food Bank, and as volunteer and office help in other
programs offered at UCC. The needed repairs and improvements spelled out in the
proposed budget above would make UCC a premier Community Service site and would
allow welfare recipients participating in the program to keep at least a portion of their
grants by meeting the Community Service requirements.
Summary - Need for CDBG Funds ..
Uldah Community Center has provided twenty-five years of services to City and County
residents, but the need for their services has never been as great as it will be when the
Welfare Reform Programs and Aid Reductions are fully implemented. As the Director of
the Department of Social Services notes in her letter, the Center will become a tree "safety
net" for those affected by the changes in the programs. UCC needs to purchase and
repair its building, upgrade its food bank equipment and modernize its service delivery
with a new computers if it is going to even partially meet the demands created by the
"localization'' of public assistance. It also needs to reduce an existing loan and redirect
those funds to increased staffang and prudent reserves for the Center's operation. Without
the stabilization and improvement of UCCs building and services, the poorest of the poor
in Mendocino County - those affected by the reductions in welfare assistance - will have
one less resource on which to rely. It is imperative that the CDBG program step forward
to partially replace those resources.
Project Narrative
Background and Capacity of the Ukiah Community Center.
The Ukiah Community Center was originally incorporated in 1971 as a 501(c)(3)
corporation. Over the years it has developed a wide variety of programs to meet the
health and safety needs of the low income residents of Ukiah. These services include a 24
hour crisis line; a supportive housing program and homeless prevention program; a
temporary assistance program which provides emergency housing vouchers; a food bank
and emergency food closet; a holiday sharing project; and an emergency services network
and volunteer center. (A detailed description of the UCC activities is included as
Attachment A, with attached Job Descriptions.)
Organization Structure and Staffing
UCC is governed by a volunteer board of directors. The Executive Director administers
the agency, personnel and programs. The Fiscal Manager is under the supervision of the
Executive Director, as are the Food Bank Manger (who supervises the Food Bank
Assistant), the FESG Case Manager, the Bilingual Case Wor[ter, and the Supportive
Housing Program Director (who supervises the SHP Case Manager.)
Volunteers and training program participants are assigned to supervision by appropriate
staff, depending on the nature of the tasks involved.
Need for Additional Staff
The savings accrued by purchasing the building and reducing the existing loan will result in
the hiring of two additional maffmembers: a Development Coordinator who will improve
the capacity of the volunteer center and the community service component, assist with
increasing food supplies, assist with developing more extensive emergency services and
develop a long term plan for continuing'to increase services in these areas, and an
Administrative Program Director. Funding the APD position is an essential step toward
meeting increasing service demands, which are already being experienced, and which will
increase even more dramatically with the advent of welfare reform.
Current Operation of the UCC:Program
In 1995, the Center moved to its current location, which combines staff offices, meeting
and counseling rooms for clients, and a large and very busy food bank. CDBG funds will
be used to purchase the building, which is currently under a lease option agreement, (See
Attachment B), reduce an existing bank loan (see Attachment C), make needed repairs and
improvements to the facility, meet ADA requirements, and provide staff services for an
expected increased client caseload.
CRISIS LINE
a. Services to be Provided and Continued
The Crisis Line has been in operation since March of 1980. Because of the anticipated
increase in the need for services triggered by the reduction of public assistance, the Crisis
Line and the Volunteer Program both need to be enhanced. A portion of the staff budget
will be allocated to expanding these two programs.
b. Location of Services.
The Crisis Line is operated from the Center and serves the entire county.
c. N/A
d. There are no special impediments for TIG households in obtaining these services.
VOLUNTEER CENTER
a. Services to be provided
Volunteer services at the UCC and throughout the community are as varied as the
agencies using them. At the UCC itself volunteers work on anything from bag~g
groceries to data entry. The Volunteer Coordinator (presemly an unpaid position) has
spearheaded several community-wide projects, placed numerous volunteers at the UCC
and other agencies and coordinated volunteer recognition events.
b. Location of Services
The Volunteer Center is located in the UCC building, but the services are provided
throughout the community.
c. N/A
d. There are no special impediments for TIG households in obtaining these services.'
Services to Be Provided and/or Cominued
FOOD BANK AND EMERGENCY FOOD PROGRAM
a. Services to Be Provided
Food Bank services and Emergency Food (limited to one to four times in twelve momhs)
b. Location of Services
The UCC is currently the only food bank sen&ag the City oflJki~ and small surrounding
communities. Supplementary food programs are also provided by UCC's Food Bank sub-
sites at senior.nutrition centers and in outlying small communities. Emergency food is
only available at UCC.
c. N/A
d. There are no special' impedimems to access this service. However, Somh Ukiah
residents would benefit from a mb-site, as would Hopland residems.
TEMPOKAKY ASSISTANCE PROGRAM (TAP)
Services to be provided and continued.
UCC has been a provider of shelter vouchers and assistance for many years. It provides
support, advocacy and training to the homeless, along with intemive collaboration among
agencies, to help the homeless become self-su~cient. The Temporary Assistance
Pro,am has provided emergency shelter vouchers and other emergency services since
1982. The demand for this assistance is expected to increase with the decline of public
assistance in the County.
b. Location of Services
UCC also houses the Supportive Housing i:rogram and the Homeless Prevention
Pro~am~ as well as ou~each for Ford Street drug and alcohol treatment, which is an
important part of the colh-;borative effort. In addition to services provided at UCC,
vouchers are sometimes available from volunteers atter UCC is closed, through UCC's
crisis line.
c. N/A
d. There are no special impediments for TIG households in obtaining these services
1998 G/NA
Statement of Assurances
Appendix C
.
.
The City/County of
hereby assures and certifies that:
1. It possesses legal authority to apply for the grant and to execute the proposed program.
Its governing body has duly adopted or passed as an official act or resolution, motion, or similar
action authorizing the filing of the application, including all understandings and assurances contained
therein, and directing and authorizing the applicant's chief executive officer or other designee to act
in connection with the application and to provide such additional information as may be required.
It has or will comply with all citizen participation requirements, which include, at a minimum, the
following components:
ao
Provides for and encourages citizen participation, with particular emphasis on participation by
persons of Iow and moderate income who are residents of slum and blight areas and of areas in
which CDBG funds are proposed to be used, and provides for participation of residents in low and
moderate income neighborhoods as defined by the local jurisdiction;
bo
Provides citizens with reasonable and timely access to local meetings, information, and records
relating to the grantee's proposed use of funds, as required by CDBG regulations, and relating to
the actual use of funds under this title;
Co
Provides for technical assistance to groups representative of persons of low and moderate income
that request such assistance in developing proposals with the level and type of assistance to be
determined by the grantee;
do
Provides for public hearings to obtain citizen views and to respond to proposals and questions at
all stages of the community development program. These include at least the development of
needs, the review of proposed activities, and review of program performance, which hearings shall
be held after adequate notice, at times and locations convenient to potential or actual beneficiaries,
and with accommodation for the handicapped. This shall include one public meeting during the
program design, annual performance report preparation, and formal amendments. A public
heating shall be conducted prior to application submittal;
e°
Solicits and provides for a timely written answer to written complaints and grievances, within 15
working days where practicable; and
Identifies how the needs of non-English speaking residents will be met in the case of public
hearings where a significant number of non-English speaking residents can reasonably be expected
to participate.
Its CDBG Program has been developed so as to primarily benefit targeted income persons and
households, and each activity in the program meets one of the three national objectives: benefit to low
108
1998 G/NA
Statement of Assurances
Appendix C
.
o
.
o
.
and moderate income persons, elimination of slums and blight, or meets an urgent community need
certified by the grantee as such.
It consents to assume the responsibilities for environmental review and decision-making in order to ensure
compliance with NEPA by following the procedures for "recipients" of block grant funds as set forth in 24
CFR, Part 58, entitled "Environmental Review Procedures for Title I Community Development Block
Grant Programs." Also included in this requirement is compliance with Executive Order 11988 relating to
the evaluation of flood hazards, and Section 102(a) of the Flood Disaster Protection Act of 1973 (Public
Law 93-234) regarding purchase of flood insurance, and the National Historic Preservation Act of 1966
(16 USC 470) and implementing regulations (36 CFR 800.8).
It consents to assume the role of either "Lead Agency" as defined by Section 21067 of the California
Public Resources Code, or if another agency is or will be designated "Lead Agency," it consents to
assume the role of "Responsible Agency" as defined by Section 21069 of the California Public Resources
Code, in order to ensure compliance with CEQA.
It has resolved any audit findings or performance problems for prior CDBG grants awarded by the State.
It certifies that there is no plan, ordinance, or other measure in effect which directly limits, by number, the
building permits that may be issued for residential construction or the buildable lots which may be
developed for residential purposes; or if such a plan, ordinance, or measure is in effect, it will either be
rescinded before receiving funds, or it need not be rescinded because:
ao
bo
It imposes a moratorium on residential construction, to protect the health and safety, for a
specified period of time which will end when the public health and safety is no longer jeopardized;
or
It creates agricultural preserves under Chapter 7 (commencing with Section 5 ! 200) of Part 2 of
Division 1 of Title 5 of the Government Code; or
Co
d,
It was adopted pursuant to a specific requirement of a State or multi-State board, agency,
department, or commission; or
The applicant has a housing element which the Department of Housing and Community
Development has found to be adequate, unless a final order has been issued by a court in which the
court determined that it is not in compliance with Article 10.6 of Chapter 3 of Division 1 of Title 7
of the Government Code; or
eo
The use of the funds applied for in this application is restricted for housing for the targeted income
group.
It will comply with the regulations, policies, guidelines, and requirements of OMB Circular Numbers A-
87, A-128, A-102 and A-121, where appropriate, and the State CDBG regulations.
109
1998 G/NA
Statement of Assurances
Appendix C
10. It shall comply with the following regarding nondiscrimination:
a. Title VI ofthe Civil Rights Act of 1964 (Public Law 88-352).
bo
C.
Title VIII of the Civil Rights Act of 1968 (Public Law 90-284) as amended; and will administer all
programs and activities related to housing and community development in a manner affirmatively
furthering fair housing.
Section 109 of the Housing and Community Development Act of 1974, as amended.
d. Section 3 of the Housing and Urban Development Act of 1968, as amended.
e. Executive Order 11246, as amended by Executive Orders 11375 and 12086.
f. Executive Order 11063, as amended by Executive Order 12259.
g.
Section 504 of the Rehabilitation Act of 1973 (Public Law 93-112), as amended, and
implementing regulations.
h. The Age Discrimination Act of 1975 (Public Law 94-135).
The prospective contractor's signature affixed hereon and dated shall constitute a certification
under the penalty of perjury under the laws of the State of California that the bidder has, unless
exempted, complied with the nondiscrimination program requirements of Government Code
Section 12990 and Title 2, California Code of Regulations, Section 8103.
11.
It will comply with the Federal Relocation Act (42 U.S.C. 4601 et seq.) and will certify that it is following
a residential anti-displacement and relocation plan.
12. It will comply with the following regarding labor standards:
a. Section 110 of the Housing and Community Development Act of 1974, as amended.
b. Section 1720 et seq. of the California Labor Code regarding public works labor standards.
c. Davis-Bacon Act as amended (46 U.S.C. 276a) regarding prevailing wage rates.
do
Contract Work Hours and Safety Standards Act (40 USC 327-333) regarding overtime
compensation.
eo
Anti-Kickback Act of 1934 (18 USC 874) prohibiting "kickbacks" of wages in federally assisted
construction activities.
110
1998 G/NA
Statement of Assurances
Appendix C
13.
14.
15.
16.
17.
18.
19.
It will comply with the Architectural Barriers Act of 1968 (42 USC 4151) and implementing regulations
(24 CFR Part 40-41).
It will enforce standards of conduct which govem the performance of its officers, employees, and agents
engaged in the administration of contracts funded in whole or in part by the CDBG Program (Section
7120(d) of the State regulations).
It will comply with the Hatch Act (5 USC 1501 et seq.) regarding political activity of employees.
It will comply with the Lead-Based Paint Regulations (24 CFR Part 35) which prohibits the use of lead-
based paint on projects funded by the program.
It will not employ, award contracts to, or otherwise engage the services of any contractor while that
contractor is in a period of debarment, suspension, or placement in ineligibility status under the provisions
of 24 CFR Part 24.
It will give HUD, the Comptroller General, the State Department of Housing and Community
Development, or any of their authorized representatives access to and the right to examine all records,
books, papers, or documents related to the grant.
It will not attempt to recover any capital costs of public improvements assisted in whole or in part with
CDBG funds by assessing properties owned and occupied by targeted income persons unless:
ao
CDBG funds are used to pay the proportion of such assessment that relates to non-CDBG funding
or
20.
b.
for the purposes of assessing properties owned and occupied by targeted income persons who are
not of the lowest targeted income group, it does not have sufficient CDBG funds to comply with
the provisions of a. above.
It will adopt and enforce policies
a.
prohibiting the use of excessive force by its law enforcement agencies against individuals engaged
in non-violent civil rights demonstrations and
b.
enforcing applicable State and local law against physically barring entrance to or exit from a
facility or location which is the subject of such non-violent civil fights demonstration within its
jurisdiction.
111
1998 GENA
Statement of Assurances
Appendix C
The certification is made under penalty of perjury under the laws of the State of California.
CERTIFYING OFFICIAL:
(Chief Administrative Executive)
Signature Date
112
1998 G/NA
Citizen Participation
Applicant
The Program's Citizen Participation requirements are described in Appendix I of the NOFA. If a jurisdiction
received written comments as part of the public heatings process prior to submitting the CDBG application, a
copy of the comments must be submitted with the application. Use this section of the application to make sure
you have met this requirement.
Did the jurisdiction receive written comments during the public hearings process prior to submitting this
application?
Yes [21 No
e
If you checked yes, attach a copy of the comments and of the jurisdiction's response to those comments.
Be sure to make an entry on the Checklist of Attachments.
92
95482.5400
~tet fY 463-6242/62?4
March 24, 1998
Community Block Grant
Selection Committee
Reference: Letter in support of the Ukiah Community Center
h is a pleasure to write this letter of support for the Ukiah Community Ceater in their efforts
to obtain a Community Block Cmmt. The Ukiah Community Center hma long history ofptoviding
senrice to people in so many different and important ways. Taking the time to write this letter has
given me the oppormmty Io reflect on just some of these services that directly effec~ our oommuniW
in way~ that ate ~iti~al to tho ao~ioca ~ ato provided by tho Poli~o ~ent
lu the course ora 24 boar day our Of Ticeu and cmagcncy telephone d/spatcbers frequeetly
find themselves in situations wha'o we come into contact w/th people who lutve htemlly nm out of
options for help. The reality and rm-~ity of these circummnces can dearly aeete some very serious
health and safety problems. I know fkom my own personal experience that the Ukiah Community
Center has helped ua resolve the majority of these l~lbrtlaml~ sitnntions with a phone udl and a little
time. Our Of~eers know that thc Community Contet is a roso~ to turn to when they need help in
8ettin8 people tbtouSh a crisis whethe~ it is a need ~ot food, tempotmy housing, and just &q importam,
the emotional impa~t that aceomlmnies tlmm issues.
Has the impact ofthese long yeats ofservice had aa indirect elfect on reducing the numb~
ofsuwtdes, ea~a of domestic v~olenc~ assaults, or other Grisea'! Have the many fitmilie~ and
individuals that have been helped by the Uktah Police Depamnent through the efforts ofthe
Community Center allowed ua to ndaieve om Depamnent Goals of both proteotion and prevemion?
My answer m both questions is yes!
The pertnaship between the Ukiah Polioe I~ the Uifiah Community Center, and
most of all thc people we serve could be improved in only one way. That most significant way is
with funding that thi~ Block Grant will afford.
dde
Captain
Are Here To Serve'
UKIAH OFFICE
890 NORTH BUSH STREET
UKIAH, CA 95482
(707) 463-4461
March 17, 1998
Judy Judd, Executive Director
Ukiah Community Center
888 N. State Street
Ukiah, CA 95482
COUNTY OF MENDOCINO
DEPARTMENT OF PUBLIC HEALTH
COURTHOUSE
UKIAH, CALIFORNIA 95482
CAROL MORDHORST
ADMINISTRATOR
FORT BRAGG OFFICE
120 W. FIR ST.
FORT BRAGG, CA 95437
(707) 964-4713
Dear Judy:
The Public Health Department is in suppon of your effons in applying for Community
Development Block Grant funding to purchase the Ukiah Community Center building. This will
allow your agency to expand comrmmity food bank activities (which is greatly needed in the face
of changes in food stamp, elig~oility), as well as, expansion to meet other needs of the clients
including shelter vouchers and volunteer services. .
Recently the Public Health Advisory Board identified the top five issues for public heal~ as:
1) lack of alcohol and other drag treatment services; 2) lack of alcohol and other drug program
prevention services; 3) family violence; 4)poverty; and 5) heart disease. Many of your plans to
expand shelter voucher services, provide expanded volunteer services, availability of space for
alcohol and other drug treatment programs will assist our community in addressing these very
important issues.
Public Health has hi~orically utilized Ukiah Community Services, via use of the Crisis Line, to
promote earlier intervention on these issues and more including runaways, suicides, homelessness,
rape, stress and more. These expansion plans are appropriate for several of the goals outlined in
the Community Health Plan recently adopted by the Mendocino County Public'Health Advisory
Board. We are willing to continue to provide services on-site such as AIDS testing and health
information for you to share with clients. Also, in Fiscal Year 1998/99, Public Health intends to
make every effort to continue paying Ukiah Community Center $1,680, plus a portion of long
distance expenses, for a share of Crisis Line service costs.
Ukiah Community Center's efforts to expand services is appreciated and will enhance the health
of our community.
S~qerely, . ~
Carol Mordhorst, Administrator
Mendocino County Department of Public Health
CM/cr
Willits Community Services and Foo_c!. Bank
229 E. San Francisco St., Willit$, CA 95490 (707) 459-3333 FAX: 459-08,50
~4arch 16, 1998
JudyJudd
Ukiah Community Center
888 N. State St.
ukiah, CA 95z482
Dear Judy,
Willits Community Services enthusiastically supports your efforts
to obtain CBDG funding to augment the existing programs of Ukiah
Community Center. UCC p;:ovides important regional services that
include county-wide crisis lifle access, Supportive Housin§ Program
Services, emergency food and housing programs and referral services.
These programs help serve the needs of Willits and the north county
when these families and individuals in crisis have .not yet been referred
to WC$ or for some reason, cannot §et to Willits in time.
UCC and WC$ have worked to§ether over many years to provide
comprehensive Emergency and Food Bank Services to their
communities. Workin§ together, the Ukiah and Willits Food Banks
provide supplemental groceries to low-income households in the inland
areas of Mendocino County. Throu§h its transportation and stora§e
capabilities, the Ukiah Food Bank has helped the Willits Food Bank §ain
access to food items that it would not otherwise have been able to
acquire. This helps Willits Community Services and Food Bank provide
the best possible services to its clients.
WCS refers many of its clients to UCC's services, especially to the
Supportive Housing Program, which helps at risk or homeless families
find permanent housing.
,.
Any expanded service prSgrams at UCC will potentially benefit WCS
clients by UCC's increased ability to offer additional client services to
Willits and north county residents. Increased service capacity also
means that WCS and UCC can work even more closely to provide
essential services for our community. Willits Community Services and
Food Bank welcomes and encourages this possibility.
,
Jim Marill
Executive Director
Mendocino County Department of Social Services
Alison Glassey, Director
· Adult Services
Family & Children's Services
Employment & Family Assistance Services
I 747 South State Street * PO Box 1060 · Ukiah · California · 95482 · (707) 463-7700 * FAX (707) 463:7804
March 19, 1998
Judy Judd
Executive Director
Ukiah Community Center
888 North State Street
Ukiah, CA 95482
Dear Ms. Judd,
I am writing to you to convey my support regarding your application for additiona~ funding through a
Community Development Block Grant.
I understand that you have committed to utilizing the Grant funding, and have already created a
financially sound approach, to purchase the Ukiah Community Center and use the resulting cost
savings (lease payments and loan payments) to strengthen services in three main areas: expanding
food bank activities, increasing Temporary Assistance Program shelter services and motel vouchers,
and improving volunteer services.
As you know, these programs provide critical support which can not be found elsewhere in the
county, to many of our clients at Social Services. These individuals, including many families with
infants and young children, typically have nowhere else to mm for help with their efforts to stabilize
their lives, and are in dire need of emergency food, clothing and shelter, and case management
services.
Mendocino County Department of Social Services will make every effort in our 1998/1999 budget to
continue financially supporting the Crisis Line Program Fees ($5,040, plus a share of long distance
costs), Shelter Contract ($20,604), and Supportive Housing Case Management Services (technical
assistance through the SHP contract manager and with data management). ~-
Early intervention and speedy crisis response help guard the safety of the community's children and
elders, reduces drug and alcohol abuse and violence among our clients, and helps us meet our family
preservation and other health and safety goals. With the onset of welfare reform, it is more critical
than ever that our clients receive help in overcoming barriers to their stability and self-sufficiency.
The Crisis Line provides outreach and twenty-four hour dispatching for clients of Children's
Protective Services, Adult Protective Services, and any other client needing food and shelter.
Sincerely,
pc: Susan Era, Adult Services Division Manager
Administration
860 North Bush Street
Ukiah, CA 95482
Phone (707) 463-4480
FAX (707) 463-5443
Ukiah Mental Health Center
860 North Bush Street
Ukiah, CA 95482
Phone (707) 463-4303
FAX (707) 463-5443
COUNTY OF MENDOCINO
MENTAL HEALTH SERVICES
Roben E. Wolf, L.C.S.W.
Director
March 19, 1998
Psychiatric 'Health Facility
Inpatient Services
860 Not'th Bush Street
Ukiah, CA 95482
Phone (707) 463-4396
FAX (707) 463-5445
Coast Mental Health Center
790-B South Franklin Street
Ft. Bragg, CA 95437
Phone (707) 964-4747
FAX (707) 961-2698
Judy M. Judd
Executive Director
Ukiah Community Center
888 North State Street
Ukiah, California 95482
Dear Judy:
This letter is in support of your application for a Community Development Block Grant to purchase the center
and use the resulting cost savings to strengthen services.
The Department of Mental Health has in the past, and will continue in the future, to refer Mental Health clients
to the Community Center for services such as the Food Bank, Supportive Housing Program, Crisis Line,
motel shelter vouchers and others.
In FY 1998-99, Mental Health intends to continue (or, intends to make every effort to continue) paying UCC
$2,880 (plus a share of long distance expenses) annually, for the use of the Crisis Line.
The Department of Mental Health's FY 1998-99 in-kind commitment(s) to UCC is to: (1) provide consultation
and training to assist UCC staff working with mental health clients, especially homeless clients in the
Supportive Housing Program, and training on identifying and handling mental health calls that are to be
connected to designated Mental Health staff;, (2) send a representative to the Inter-Agency Crisis Council
meetings, (3) respond to calls taken by the Crisis Line for Mental Health, according to agreed-upon protocols.
We see the projected benefits of a successful UCC CDBG application for mental health clients as: (1)
increased food supplies will have a positive impact on mental health clients' stability to maintain health and
cope with stressors; (2) MH clients will benefit from additional nights of emergency shelter and other services,
improving their ability to maintain health and providing a safer environment; (3) MH will benefit from
recruitment of volunteers, community-wide recognition of volunteer needs and placement of volunteers.
Good luck with your application and know that the Department of Mental Health stands firmly behind you in
your efforts to improve services to the mentally ill, as well as the community as a whole.
Sincerely,
Robert E. Wo f, ~Co,ff_/
Director
lo
Mendocino County Youth Project
March 16, 1998
Judy Judd, Executive Director
Ukiah Community Center
888 North State Street
Ukiah, CA 95482
Dear Ms. Judd:
I am writing this letter in support of the City of Ukiah's application for a community
development block grant to purchase the Ukiah Community Center and use the resulting cost
savings to bolster service activities.
The Mendocino County Youth Project (MCYP) is a county-wide agency providing a broad range of
services to children, adolescents and their families. UCC is one of our major referral sources.
Because of UCC, youth and their families in crisis have a way to address problems that other
wise would become problems for the whole community. The UCC .Food Bank supplies food to our
clients. UCC's Temporary Assistance Program provides a clearinghouse and initial screening
for youth and families who are then helped by MCYP workers. TAP also provides motel shelter
vouchers and other services to homeless families served by MCYP programs.
The UCC Community Crisis line provides outreach and round-the-clock dispatching of crisis
calls for our clients. We would not be able to provide youth crisis services after-hours and on
week-ends without the assistance of the UCC Community Crisis line. In FY1998/1999 MCYP
will pay $1320, plus a share of the long distance expense, for the use of the community crisis
line. In turn, we will take calls put through to MCYP from UCC, we will provide a
representative to the Inter-Agency Crisis Council and we will allow UCC staff to attend trainings
sponsored by MCYP. We will also refer on prospective volunteers who come to our attention.
Because of this application, we anticipate that increased food supplies will support local
families and help reduce the obstacles that families must overcome. Families in Crisis who are
being served by MCYP will benefit from additional nights of emergency shelter and other
services. MCYP will benefit from the recruitment of volunteers, community-wide recognition
of volunteer needs, and placement of volunteers at MCYP.
By being able to provide these se6vices, UCC reduces the likelihood that MCYP's clients will
have mental health problems. Providing housing services will reduce the likelihood that youth
will become the victims of crime while they are homeless or on the street.
Sincerely,
Karin Wandrei, DSW,
E.
LCSW
Executive Director
776 S. State Street, Suite 107
Ukiah, CA 95482
Tel: 707-463-4915
Fax: 707-463-4917
552 North Main, Suite 2A
Ft. Bragg, CA 95437
Tel: 707-964-1228
Fax: 707-964-8922-~
P.O. Box 286
Pt. Arena, CA 95468
Tel: 707-882-1945
Fax: 707-882-3624
300 SE UKIAH, CA 95482-5400
· ADMIN. 707/463-6200 · PUBLIC S,~FE'~ 463-6242/6274
· FAX # 707/463-6204 ·
March 16, 1998
Mr. William Pavao, Director
State Community Development Block Grant Program
California Department of Housing and
Community Development
P.O. Box 952054, MS 390-2
Sacramento, CA 94252-2054
Dear Mr. Pavao,
This letter is to indicate the strong support for the CDBG application to purchase
the Ukiah Community Center (UCC) property, construct on-site improvements, and
increase service delivery. The City of Ukiah has for many years contracted with UCC to
assist in completing the Federal Emergency Services Grant (FESG) program within our
community. The proposed grant will considerably enhance UCC's ability to provide these
services in an efficient and effective manner. The long-term financial security will allow
UCC to concentrate on the comprehensive package of services-supplied to the
community's targeted income population.
If you have any questions or I can provide any additional information, please don't
hesitate me at (707) 463.6287.
Sincerely, ...,,.
Michael F. Harris
Risk Manager/Budget Officer
mfh:cdbg98
0316SUP
'We Are Here To Serve"
III
rth State Street, Ukiah, CA 95482
UKIA H COMMUNITy CENTER
· (707) 462-8879 · FAX462.0654
Michael F. Harris
Assistant City Manager
City of Ukiah
300 Seminary Avenue
Ukiah CA 95482-5400
March 25, 1998
Dear Mike,
The Ukiah Community Center (UCC) board has authorized me to express UCC's
interest in contracting with the City of Ukiah to implement the Community
development Block Grant.
The implementation of this grant will enable UCC to make lasting improvements
in our ability to meet the increasing demand for services. During the grant period,
UCC's ability to meet food, shelter and other emergency needs will be improved,
and the scope of the center's volunteer services will be enhanced. Also, a plan
will be developed for (and work will begin on) stabilizing and enhancing
programs to meet greater demands in the future.
This grant will allow 'us to begin meeting the immediate needs of people
impacted by the new welfare reform program, and will be complementary to our
other programs that help clients become self-sufficient.
Please call me if you have any questions. Thank you.
Judy M. Judd
Executive Director
-~-
A United Way Agency Providing Crisis, Emergency and Community Service since 1971.
Job Des Develprnt Coordntr3/97 3~24/97
Approv~ UCC Board:
UKIAH COMMUNITY CENTER
888 North State Street, Ukiah CA 95482-3410
707-462-8879
POSITION DESCRIPTION
~ iE OF POSITION
DEPARTMENT, GRADE
STARTING SALARY
REPORTS TO
SUPERVISORIAL RESPONSIBILITY
FULL TIME EQUIVALENT
Development Coordinator
Aclminislxatio~G~ 6, Step 6
$9.65 per hour
Executive Director
Vol~
H~llCtime
OBIECTIVES
The Development Coordiaalor will assist the Executive Direc~ in canying out the dire~ves of the
CDBG contract, including:, develop the Volunteer Cent~ and community service component, assist
with increasing food supplies, assist with developing more extensive emergency services, and develop
a long-term plan for continuing to increase services in these areas.
GENERAL DUTIES AND RESPONSIBILITIES:
Assists with agency service planning. Helps to identify service needs of the community and target
groups, and ways to meet those needs. Assists in program analysis and evaluation.
Writes or assists in the writing of grants and the negotiating of program contracts to increase income
for needed services, and to carry out services.
Oversees performance of program activities toensure compliance with contracts and, Memorandums of
Understanding. Reports to funding sources. Ensures prog:am expenditures are in compliance with
requirements and/or regulations.
Maintains good working relationships with staff, boards, and committees of outside agencies.
Assists in program promotion.
Delegates responsibility to and supervises volunteers and interns in the performance of program
activities.
Maintains confidentiality.
SPECIFIC DUTIES AND RESPONSIBILITIES
· Develop a plan for a stable, funded Volunteer Center.
· Develop and implemem a component of the Volunteer Center specifically for providing welfare and
food stamp recipients with community service work placements.
Assist the Food Bank Manager with in~ing food supplies for the targeted income group.
Page 1 of 2
Joi3 De.~ ~,;~!~,~,:~,,; Coordntr3/97 3~24/97
· Assist the Executive Director and the Em~ Services Program Assistant with developing the
Temporary Assistance Program's ability to provide more extensive emergency shelter and other
emergency services.
· Develop a Iong-term plan for continuing to increase services in these areas.
Develops the means to implement program goals, including design of methods, procedures and forms.
Develops~ implements, and mainl~s the coordi-~fion of daytime programs and systems, and af~-
hours programs and systems, both on-site and at other locations.
Plans, conducts, or monitors inter-agency and in, real ~ining sessions and meetings, including
workshops.
Through the development of referral and advocacy systems and inter-agency agreements, strengthens
programs and/or improves resources for direct-client assisumce.
Through the development of donations, strengthens programs and/or improve resources for direct
client assistance.
Monitors or provides program publicity and promotion, through public spe~king, news articles,
brochures, flyers, etc.
Recruits, u~ains, supe~fisesl evalua~s, schedules, and coordinates volunumrs and interns assigned to
program implementatiom helps plan career development; verifies hours worked.
Monitors client and program statistical data collection. Produces or monitors statis~ reports.
Attends staff and board meetings, as needed. Provides or monitors written program mmunaries to the
board.
Performs other duties, as assigned.
KNOWLEDGE AND ABILITIES REQUIRED
a. Minimum of one (1) year experie~ in the human services riel& ,
b. Track record of community involvement and leadership.
c. Experience in program development.
d. Experience in public speaking, writing ppis releases, and other ways to develop public
support.
e. Experience in grant-writing and mpor~g.
f. Demonstrated ability to plan work assignments, and follow through.
g. Documented ability to communicate clearly both orally and in writing.
h. Basic computer li~, including the ability to produce finished docmnen~.
i. Ability to rela~ to people of various socioeconomic and ethnic-racial backgrounds.
KNOWLEDGE AND ABILITIES PREFERRED
a. Macintosh computer literacy competencies in word processing, data base, spreadsheet.
b. Experience in contract negotiations.
c. Experience in data management.
d. Experience in supervisiorL
e.. Knowledge of local human services providers' network.
SALARY AND BENEFITS: This is a half-time position. The salary starts at $9.65 per hour.
UCC provides health benefits as well as accrued vacation, sick leave and paid holidays (pro-rated for
part time.) Mileage for on the job travel is reimbursed.
Page 2 of 2
Job Dee. Adm. Pro. DIr. 6/93 3/29197
Approved UCC Board
UKIAH COMMUNITY CENTER
888 North State Street, Uldab CA 95482-4910
(707) 46:/,-8879
POSITION DESCRIPTION
L 'ITILE OF PosmoN:
..
III. REPORTS TO:
IV. SUPERVISORY RESPONSIBILITY:
ADMZNIffI'RATIVE PROGRAM DIRE~OR
C_zra~ 7
ADMINISTRATION
I~X~-'LrlT~ D~R
·
GENERAL DUTIES AND RESPONSIBILITIES:
The ADMINISTRATIVE PR~ D~R iz responsible to the Executive ~ in a~is-ting
with the day-to-day operations of the agency. Assumes acting Exeordve ~ ~~ ~'hilifl~n ia
absence of the Executive Director.
Assists with agency planning a~ well u resolving issues facing agency as a whol~ Halps to identify
service needs of the commnnity ~ t~rget group~, add wKy$ tO meet those need~
Writes or ask'ts in tte writing of gra~ m ~ income for nee&g s~wi~s. Monitr~ reporting to
~ $ollrCe$o
Oversees program fiscal rnainmnance to ensure program expenditures are tn compliance with
requirements and/or regulations.
Ass/.~ in ~res~g tl~ inl=ests of UCC on public or private lxrards, commi-~sinns and other..
~ bodics. Main~ns good wm2/ng relationships with/provides 1~ m ~ boards, and
(xlrnmi~ of OtllliC~ ~~.
Assists in agency promotion.
Assists in program analysis and evahali~
Delcga~s responsibility to and supcn~cs su~, voluni~'ers, and intrms, in thc perfomumce of
program activities.
Maintains confidentiah'ty.
Jol~ Des. Adm, Pm. DIr, 6/93 3/2S/g7
SPECIFIC DUTIES AND RESPONSIBILITIES
Develops means to implement program goals, including dexi/n of methods, ptocedm~ and fmms.
Develops, implemems, and maintains tim coim//nafion of daytime pw~ taxi syslmns, and afire'-
hours programs and sysu~ms, both on-site and a~ othe~ locafi~.
Plans, c0nduc~, or monitors inter-ag~ and internal training sessions and meetings, inctudhlg
workshops.
Through the development of refcnal and advocacy systems and inter-agency a~emeals, sffengthens
programs and/or improves resources for dixect-ciimt assistance.
~ the developm~t of donations, ~ns pro/rams and/or ~ zt~mn:es for dkect
di~t assistance...
Monitors or provides pro/ram publidty md promotion, ~F,h pnblic sp~_ ~n.% rows articles,
brochures, flyers, etc.
Recruits, wains, supervises, evaluates, schedules, and coordhates staff, vohtnleen, and interns
assigned to l~ogram implementation; helps plan cazeer development and emp~ welfare
oppcrtun/fies; verifies hours woxked.
Reviews s~:~ pe~f~ and pmpax~ anzmal evaluafions/lette~ ofrecummeudal/~
Monkors client and program s~ data collection, l~uces or monitor~ statistical repo~.
Pe.~onns other du~es, ~s assigned.
KNOWLEDGE AND ABtL~ RI/~UIRED
~. 1V[ininlllm of one (1) year experience in the provisi~ of ~ or ~,,i_~! services.
be
Demonstrated abilit7 to plan and s~ule wozk ~ for self and otbex~
Docume~ ability to comm~ clearly both orally and in writing.
Ab~ to relam tn people of various socio-econom/c and ethnic-~ backg~.
Basic computer lit~zacy, indudjn.' g the abi~ to produce finished docmmmts.
KNOWLEDGE AND AB~S PREFERRED
a. Macintosh conrpu~ ~ competmicies in word pruce~, d~ base, mV~lah~t
b. Bi-lin~m2al in English and Sp,-',i_~h_
d. Bxpcmncc in prugram developmma.
e. F. xpericncc in public speaking, writing tncss releases, and other ways to develop Fablic
f. Ex--ce in dam manaiemeut,
.o.
Approved 10/20/92, UCC Boa'd of Directors
UKIAH COMMUNITY CENTER
Job Description
EXECUTIVE DIRECTOR
The Executive Director (ED) is part of the management team that is responsible for ensudng that the Ukiab
Communfty Center (UCC) can'ies out its mission and achieves its charitable purpose. This team consists of the Board
of Directors, Executive Director, Senior Staff and service contractors such as accountants and management
consultants. The Board of Directors is primarily responsible for establishing policies, providing guidance and advice
on programs and opera~ions and representing UCC to the community. The ED is primely responsible for
implementing Board policies a~d administering the operation of UCC.
RESPONSIBILITIES
(Objectives are in bold type. PerfonTance slandards for objecltves are unclemealh.)
1. Carry out board policies and objectives promptly and consistently.
Report back to the Board on all actions taken at Board request. Prepare written reports and recommend
actions to the Board on a monthly basis.
2. Administer and manage all UCC programs and operations in conformance to UCC goals and
board poiicies.
·
Assist the Boan:l in the development of an administrative plan.
Develop and obtain boan:l approval for ali program objectives and work with staff reimJve to their responsibilities
with respect to these objectives.
Develop and implement procedures for managing program oper~ons and for improving staff performance
and the use of teamwo~
3. Prepare and obtain approval from board on short and long-term plans in the area of
finance, program operations and client services, fundraising and membership.
Provide support to the board in the development of a long term (3-5 year) strateg= plan for UCC and report
annually.
Each spring, with the planning committee of the board, complete and submit for board approvaJ an annual
workplan.
The plan should contain specific, measurable objectives and well defined tasks based on information from
client surveys and assessments by other agencies of the greatest unmet needs of the UCC service area
Each year, the planning committee should revi~-w the prior yeaxs report and revise or, if necessaxy, develop
new objectives.
Throughout the year, the ED and the board should work together to identify areas of improvement or
expansion consistent with the annual plan.
4. Manage all UCC operations and develop new systems as needed.
Develop new systems and guidelirje$ as needed for recordkeeping, information reporting, persor~nei policies
and other operational aspects.
Ensure preparation of quarterly reports on compliance with all federal, state and locaJ governmental and
licensing, regulatory and contmmual requirements requirements.
Determine appropriate type and level of insurance required for board, corporation and program operation.
Obtain board approval and secure necessm7 insurance. Provide annual report on status of insurance as appropriate.
5. Manage UCC's fiscal operating system and develop new systems as needed.
6. Develop, implement and administer financial planning and control systems.
Develop and implement fiscal operating procedures, including cash flow management systems ;md other
appropriate business management systems.
Provide at the minimum, quarterly comparisons of budgeted and actual cash flows and appropriate financial
information for board review and oversight.
UCC E.D.
7. Develop and administer financial accounting .systems.
in cooperation with board and financial service contractors, submit for review financial stntements and repons as
requested.
8. Prepare an annual budget for UCC.
in cooperazion with the board, develop and prepaJ'e an annual operating budget with accompanying narrative.
To be submitted for review and approval 60 days pdor to beginning of the fiscal year.
9. Develop internal communications systems for board and staff.
In cooperation with boaJ~l and staff, develop, implement and administer the smooth flow of information to all
appropriate people. Work in cooperation with board chairperson, committee chairpersons, senior staff and other
individuaJs with operationaJ responsibilities to ensure that their tasks are carried out, and reports axe prepared and
disseminated in a timely fashion. Prepare and distribute information weekly at staff meetings and through written
communications. Also, provide monthly Executive Director reports to the boaxd.
10. Develop and maintain favorable communication between UCC and the clients.
Work with board and staff in developing activities that result in a f~vorable and effective rei~onship between
agency and clients.
1 1. Hire, supervise, evaluate and, if necessary, terminate staff.
Develop specific hidng procedures consistent with board policies. Recommend changes in job descriptions,
as needed to personnel committee. Evaluate senior staff members at least Once a year on the anniversary of his or
her hire date. Ensure that new employees understand personnel policies and that those policies are fairly and
properly cazried out. ·
1 2. Provide staff training and development.
Establish specific training objectives forthe staff annually. In cooperation with boa,'d and staff, identify skills and
activities which will improve the skills and abilities needed to carry out the mission and purpose of UCC. Training
should be also developed in such areas as:
- racial sensitivity and discrimin~on
- ethnic and cultural understanding
- community/client attitudes and perspectives
13. Be responsible for identifying and, with the board, resolving potential and actual legal
problems and issues as they arise.
In cooperation with the boa=d, attorneys, and consultants, develop specific strategies and methods for
resolving issues and conflicts. Provide detailed reports on ali issues, their present status and when appropriate,
when a~d how they were resolved, r-.- -_
14. Represent UCC to the community and to other agencies and organizations.
Develop and implement a board approved public rei~ons plan for the organization. Develop and disseminate
relevent public information and materials.
15.
Develop and maintain community support and involvement with UCC.
Work with the boan:l to develop prog~ms for improving community involvement such as:
- community advisory bo;mi
- annual volunteer rec.ocjnition dinner
- annual open house
- event with large community participation
I 6. Implement an overall development plan prepared by the board for income generation and
improving the self-sustaining capabilities of UCC.
Consistent with policies of the board, and in cooperation with the Resource Development Committee, develop
a workable ;[nd achievable pt;~n for generating income to sustaJn the operations of UCC.
I 7. Carry out roles and responsibilities in a professional and businesslike manner.
Provide timely, documented and understandable reports to board as requested, ensuring the availability of
quality information for problem-solving and decision-making.
UCC E.D.
JM Judd R&sum&
JUDY M. JUDD
650 Sidnie Street
Ukiah 'CA 95482-4091
(707) 463-0116
Professional Experience
Executive Director, Uklah Community Center (UCC)
December 5, 1994 to Present
Administration and Fiscal Operations
(;;ontracts and Grants Administer private and public, local, state, and federal funds. Uaison to funding sources.
~ Analyze, prepare, and monitor agency, program, and grant budgets. Interpret regulations, analyze financial
data, produce financial reports.
Fiscal Operations Develop, implement and administer ~nancial planning, accounting, and control systems.
Approve expenditures, oversee collection and preparation of documentation.
~isk Manaqement Determine appropriate type and level of Insurance required for board, corporation and program
operation. Obtain board approval and secure necessary insurance.
~qencv Plannina Develop short-term plans, and work with the board todevelop long-term plans, in the areas of
finance (income generation and improving the self-sustaining capabilities of the agency), facilltlas, program oper=tlons,
client services, staffing, community support, and membership.
Legal Issues Identify and, with the board, resolve potential and actual legal problems and issues as they arise.
Work with the Board Provide board training and development. Report to the board on status of finances,
insurance, services, and other administrative issues, to support board decision-making and activities. Assist the board with
membership and board recruitment, events, and other actNitles.
Agency Services
Coordination Manage all UCC operations and develop new systems as needed. Supervise integrated projects and
programs.
Proqram Planrtirlq Design programs and projects to meet the needs of community and clients.
~ Supervise contract and grant activities for compliance and effectiveness. Ovemee reporting.
Services Develop outreach. Develop and maintain favorable communication between UCC and its clients.
Maintain knowledge base of needs and resources throughout Mendocino County.
Data Collection Supervise development of computerized data management systems. Oversee production of
statistical reports. Gather information to determine client and agency satisfaction and needs, and ~alyze results.
~ Supervise management of building (offices and warehouse), supplies, vehicles, and equipment.
Public Relation~ Produce or supervise and authorize all outgoing material informing the public of the agency's
services or promoting programs. Develop and maintain community support and involvement with .UCC.
Supervision
Coorclirlation and Motivation Provide leadership and guidance for working effectively as a team. Develop
systems for effective coordination of staff activities. Resolve conflicts.
Personnel Supervise, discipline, and evaluate volunteers and staff. Delegate. Authorize schedules, timesheets,
leave requests, and changes in status.
~ Provide individual training, supervise development of manuals to explain services, regulations, and
procedures. Approve outside training opportunities.
Recruitment Organize and facilitate systems for screening staff and volunteers. Hiring and firing.
Community Organizing
Leader~hio Mobilize and link business, government, non-profit, faith, and service groups. Develop and manage
county-wide service systems and multi-agency projects. Provide technical consultation to outside agencies. Supervise
tt~e organization of conferences and inter-agency trainings.
~ Represent the interests of the agency and clients to government bodies and the public. Advocate for
needed services. Speak to groups to develop support for programs.
JM Judd R~mum& ~
Director of Community Services Programs/
Aide to Executive Director, UCC
December 1, '1981, to January 3, 1994
· Assume Executive Director respons~ilities in his or her absence
· Take administrative role in designated areas of personnel, financial matters, public relations
· Write grant proposals, develop funding, negotiate contracts, as assigned
· Advise Executive Director on agency planning
Fiscal Operations
Administer contract and grant funds for emergency services programs and for smaller, outside organizations. Ua[son to
funding sources. Analyze, prepare, and monitor program and grant budgets. Interpret regulations, analyze financial data,
produce financial reports. Supervise program a.~c. ou~ approve expenditures, collect and prepare documentation.
Programs
Develop and manage fifteen to thirty Integrated projects and programs. Design progran~ and projects. Monitor
contract and grant activities for compliance and effectiveness. Produce narrative reports. Develop community support,
coordinate events and fundraisers. Develop and conduct outreach. Provide direct crisis intervention. Maintain knowledge
base of needs and resources throughout the county. Create computerized data management systems. Produce statistical
reports. Gather information to determine client and agency satisfaction and needs, and analyze results. Assist with
management of office and warehouse, supplies, vehicles and equipment.
Supervision
Supervise, discipline, and evaluate from fifteen to over forty volunteers and staff. Delegate. Authorize schedules,
timesheets, leave requests, and changes in status. Conduct inservices, provide individual training. Create manuals to
explain services, regulations, and procedures. Develop curriculum with local college, to increase pool of trained workers.
Approve outside training opportunities. Identify appropriate staff and volunteers, organize and facilitate hiring panels and
systems for screening volunteers.
Community Organizing
Mobilize and link business, govemment, non-profit, faith, and service groups. Develop and manage county-wide
service systems and multi-agency projects. Provide technical consultation to outside agencies. Organize and facilitate
conferences and inter-agency trainings. Represent the Interests of the agency and clients to government bodies and the
public. Advocate for needed services. Speak to groups to develop support for programs.
Affiliations
Board Member of North Coast Opportunities
December 17, 1991 to December 1, 1994 ~ -_
NCO is a two-county agency, with a budget of over six million dollars. The board considers, discusses, and acts upon
policy matters affecting the agency and clients, analyzes and monitors the agency budget, monitors agency and executive
director performance.
Represented Mendocino County Supervisors and their constituency in my district. Member:. Planning Committee,
Policy/By-Laws Committee, hiring panel to select the executive director.
Uklah Ministerial Association :
Long-standing UCC representative
Inter-Agency Crisis Council
Lead person of county-wide cdsis intervention network
Emergency Services Network
Organizer and lead person of county-wide collaboration
Community Initiatives Funding Allocation Committee
ABgO Criminal Justice Allocation Committee
Citizen's Advisory Council to Social Services
FEMA/ESP Board
Numerous hiring panels
Child Abuse Prevention Council
Leadership Mendocino speaker
United Way Regional Board
Mendoclno County Homeless Task Force
United Way Certified Agencies Committee
Mendocino Co. Self-Esteem Task Force
United States Fencing Association
Education
· Increasing responsibility over a seven~een-yesr period.
· Maintained a 4.0 grade point average at Mendocino College; have AA Degree. Completed courses include:
Accounting, Business Law, Social Psychology, Political Science.
· Completed Advancement Enterprises' six-month mentodng, as protegee to Ukiah's City Manager. Completed training
sessions and attended conferences, including: economic development, federal nutrition programs, strengthening and
modernizing referral programs, non-profit management, supervision, budgeting, Excel, and grant-writing.
_c{:5 -
MICHAEL F. HARRIS, AICP
1701 Tanya Lane, #12
Ukiah, CA 95482
(707) 468-5641
EMPLOYMENT AND EXPERIENCE:
April 1996-
Present
ASSISTANT CITY MANAGER/DEPUTY REDEVELOPMENT DIRECTOR
CITY OF UKIAH $5,943/month
City and Redevelopment Agency Budget Officer ($34+ million budget); Emergency
Operations Coordinator; City Risk Manager/Insurance Coordinator; Parking Ticket Hearing
Officer; Liaison to LAFCO, Mendocino Council of Governments, and Mendocino Transit
Authority. Administer Redevelopment annual and long range housing programs, and
manage redevelopment owned properties. Special projects have included utility rate
adjustments, disaster reporting, departmental reorganizations.
May 1994-
April 1996
August 1976-
May 1994
March 1974-
August 1976
ASSISTANT TO THE CITY MANAGER/DEPUTY REDEVELOPMENT DIRECTOR
CITY OF UKIAH $5,401/month
Direct assistance to the City Manager. City and Redevelopment Agency Budget Officer,
Emergency Operations Coordinator. Responsible for preparation of City Budget. Liaison to
LAFCO, Mendocino Council of Governments, Mendocino Transit Authority, and Air Quality
Management District. Member of Mendocino County Airport Land Use Commision.
Administer Redevelopment annual and long range housing programs, and manage
redevelopment owned properties.
DIRECTOR OF COMMUNITY DEVELOPMENTIASSlSTANT REDEVELOPMENT
DIRECTOR
CITY OF UKIAH $5,401/month
Department Head responsible for Planning and Building functions. Zoning Administrator,
Secretary to the Planning Commission, Staff to Redevelopment Agency, Chairman of the City
Project Review Committee, Chairman of the City Traffic Engineering Committee, Chairman
of Mendocino Council of Governments Technical Advisory Committee.
Special projects included General Plan/Growth Management Program, economic
development, annexation, county/City tax sharing agreement, Redevelopment negotiations,
Redevelopment Housing Programs, Historical/Architectural Inventory, computerized citywide
property database, Zoning Code Amendments, CDBG applications and administration,
California Main Street Program.
Personnel Director responsibilities in 1976-77. Acting City Manager during several City
Manager absences.
SENIOR PLANNER
CITY OF IRVINE
$1,919/month
Administration Planning Division, department administrative matters, special projects,
drafting services.
1_ Hq-
June 1972-
March 1974
ASSOCIATE PLANNER
CITY OF IRVINI~
Current and Advanced Planning, including zoning administration and General Plan
coordination. Zoning Administrator. July 1972-June 1973; Planning Department Coordinator
(in absence of Director): July 1973-March 1974.
February 1971-
June 1972
August 1970-
February 1971
March 1969-
July 1970
EDUCATION:
PLANNER II
ORANGE COUNTY PLANNING DEPARTMENT
Comprehensive and General Plan preparation, Countywide Bikeway System Study.
SUPPLIES FOREMAN
PACIFIC TELEPHONE AND TI~t, EGRAPH
Supervise intercompany mail and delivery operation crew.
CLIMATOLOGIST
JAMES A. ROBERTS ASSOCIATES, INC.
Environmental analysis/land use/recreational development.
University of California, [,os Angeles
Bachelor of Arts, Geography, June 1967
California State University, Northridge
Master of Arts, Geography, June 1969
University of California, Irvine
Urban Planning Certificate, October 1974
Environmental Planning Certificate, June 1976
PUBLICATIONS: Master's Thesis, 1973, by the California Department of Water Resources
PROFESSIONAL AFFILIATIONS and BUSINESS REI.,ATED ACTIVITIES:
Ukiah City Manager's "Manager of the Year" Award, 1990
American Institute of Certified Planners, 1993-present
American Planning Association , ~-
Legislation Review Committee, Northern California, 1989-91
Northem Section Awards Committee, 1983 and 1992
Director, Orange Section AlP, 1976
Director Pro Tem, Orange Section AlP, 1975-76
City of Ukiah Management Unit, President, 1984-1990
National Trust for Historic Preservation, 1984-present
California Association for Local Economic Development, 1985-present
League of California Cities, Personnel Policy Committee, 1978-79
Community Redevelopment Agencies Association, 1987-present
Greater Ukiah Chamber of Commerce, Board of Directors, 1981-1991; Treasurer 1985-87 and 1989-91
Ukiah Valley Local Development Corporation, Board of Directors, 1978-81
Mendocino County Development and Mendocino Development Corporations, Board of Directors, 1981-
present; Secretary, 1991-present
Ukiah Tips Club, 1980-present, President 1985
2
COMMUNITY SERVICE:
Project Sanctuary, Board of Directors, 1996~Present; Treasurer, Present
Rotary International, member 1977-1993; President, Ukiah Club 1984-85
United Way, Advisory Board of Directors, 1980-1990; City of Ukiah Campaign Chair, 1980, 1994
Boy Scouts of America, Cubmaster, 1985-86; District Committee Boardmember, 1984-1990; Annual
Scouts in Government Day Coordinator, 1988-Present
Ukiah Valley Youth Soccer League, Coach 1977-1986
Ukiah Valley Youth Basketball League, Assistant Coach 1981-1986
South Ukiah Little League, Manager 1986-87
Sun House Guild, Life Member
UKIAH STRIDE l-X, Race Director on behalf of Ukiah Valley Medical Center/North Coast Striders
Ukiah Main Street, Inc., Member
Russian River Run Coordinating Committee, 1994-Present
REFERENCES:
Mr. Harry Peacock
City Manager
City of Saratoga
13777 Fruitvale Ave
Saratoga, CA 95070
(415) 867-3438
Mrs. Marge Boynton
Past Chairman, Mendocino
County Planning Commission
711 Willow Ave.
Ukiah, CA 95482
(707) 462-4964
Mr. Leonard Garrison
Garrison Pacific Propedies.
1050 Northgate Dr. #285
San Rafael, CA 94903
(415) 479-7300
Mr. Charles Myers,
Past Superintendent,
Ukiah Unified School District
925 North State Street
Ukiah, CA 95482
(707) 463-5211
Mr. Nick Schutz
McDonaids Restaurants
115 N. Orchard Ave.
Ukiah, CA 95482
(707) 462-0008
3-Hb-
CDBG Ukiah 98 Leverage, UCC, All UCC Match Attachment
City of Ukiah Leverage, UCC Match Attachment
Private
UCC will provide the following services during the grant period.
pay remaining loan balance
develop program funding, develop volunteer center
supplies, equipment, maintenance, rent, improvements, reception, clerical, administration, fiscal management
database and reporting for programs and membership
public events, promotion, membership & donor activities
answer and coordinate crisis line, distribute directories
food gathering, tracking, packaging, distribution
homeless intake and referral, after-hours vouchers, holidays for Iow-income children
match volunteers with agencies and with individuals in need
UCC's private funding sources include the following. Ukiah Valley Medical Center
Community Resource Directory Revenue
Crisis Line Contracts - Community Based Agencies
Mabel Albertson Foundation, Real Goods Shares
Special Events, Contributions, Membership
United Way
UCC's private in-kind sources include the following.
volunteer labor (Please see worksheet: UCC Labor Attachment)
donated food (Please see worksheet: Value of Donated Food)
(value of other in-kind donations is unknown)
TOTAL PRIVATE
Match Amt.*
$4,500
$510
$4,800
$5,600
$39,143
$22,790
$27,740
$29,109
$134,191
Local
UCC will provide the following services during the grant period.
supplies, equipment, maintenance, rent, improvements, reception, clerical, administration, fiscal management
answer, coordinate crisis line ~
homeless intake and referral, motel vouchers, after-hours voucher response
UCC's local sources of funding include the following.
Crisis Line Contract - County
Shelter Contract - County
Low & Moderate Emergency Fund/Redevelopment - City
UCC's local sources of in-kind labor include the following.
Alternative Services, Drug Court, Job Alliance - County
(Please see worksheet: UCC Labor Attachment)
Match Amt.*
$16,000
$40,000
,.. $12,000
$18,251
TOTALLOCAL
$86,251
TOTAL LEVERAGE
$220,442
* See Worksheet
3/25/98, 9:29 AM
CDBG Ukiah 98 Leverage, UCC, UCC Labor Attachment
City of Ukiah Leverage, UCC Labor Attachment
Value $1 O/Hour
24 Months
Volunteer Other Labor* Combined
ALL TO CDBG, DEVELOPMENT
Develop Volunteer Center
PARTIALLY TO CDBG, DEVELOPMENT
Public Events
Promotion
Data Entry/Membership, Donor
INCREASE TO CDBG, DIRECT SERVICES
Volunteer Coordinator & Helpers $956
Match Volunteers With Agencies $55
Match Volunteers With Individuals $28
Food Gathering, Packing, Tracking $1,195
Supplementary Food Distribution $5,019
Food Closet Distribution $1,344
Food Drive Promotion, Collection $662
Holiday Food Distribution $276
Holiday Other $138
Voucher Intake $69
Reception $69
Maintenance $69
Improvements $110
Clerical $ 359
Data Entry/Program · $478
After-Hours Vouchers $1,673
Totals
$5,196 $104 $5,300
$4,080 $612 $4,692
$5,432 - $0 $5,432
$530 $265 $795
$24 $980
$0 $55
$0 $28
$3,585 $4,780
$10,039 $15,058
$0 $1,344
$0 $662
$276 $552
$0 $138
$0 $69
$956 $1,025
$717 $786
$120 $230
$837 $1,195
$717 $1,195
$0 $1,673
$27,740 $18,251 $45,991
* (Court, Green Thumb, Summer Youth, GAIN, etc.)
3/25/98, 9:30 AM
SOURCES AND USES ATTACHMENT
SOURCES
Savings in Loan Over Thr~ Years
Payments
Monthly
Annual
Pre-CDB O $1,692.43 $20, I $9.17
With CDBG $1,061.47 $12,737.64
DiffErence $620.96 $7,451.53
Savings in Paymcnm over a Three-Year Period
$22,355.00
Savings in Rent Over Three Yen~s iff'om 1/1/97 throuyh 12/1/99)
Per Month
Number of Months
Per Year
Number of Years
Total Savings
Total Savings Over Three Years
$2,340
12
$28,080
3
$84,240
S106,595
USES
3f4 Time Administrative Program Director
Savings and Contingency
$65,103
106,595
FFA002.MIS
CDBG Ukiah 98 Budget Detail
City of Ukiah CDBG Proposal 1998
Detail of Proposed Uses
I. General Administration
Improve computer capacity
Administration staffing
Subtotal, General Administration
II.
Community Facilities
A. Purchase site
Option
Closing costs
B. Reduce existing bank loan
Amount requested
Co
Repairs and Improvements Paving and striping
Create handicapped stoops and landing areas
Improve Food Bank electrical service
Outd6or hospitality center, seating and awning
Repair roof and scuppers, add faqade/overhang
Security lights
10% fees and contingencies
Subtotal, Community Facilities
III. Staffing/Activity Delivery
A. Activity development '
UCC Development Coordinator
* Other UCC staffing
Subtotal, Activity Delivery
Total CDBG Budget
Subtotals Subtotals Totals
$4,339
33,161
$37,500
320,000
32,O00
50,000
352,000
50,000
12,000
1200
2,000
1,200
8,400
400
2,550
28,050
430,050
32,097
.
32,097
$499,647
* UCC Administrative Program Director to be paid from savings on rent
See Leverage Attachments and Proposed Sources and Uses for total project budget.
CDBG Ukiah 98 Leverage, UCC, All UCC Match Attachment
Sources and Uses Revenue Detail
Federal
(Not applicabl.e as CDBG leverage)
UCC will provide the following services during the grant period.
homeless support, case management coordination, direct case management
client needs fund
motel vouchers
supplementary and emergency food
supplies, equipment, rent, maintenance
administration and fiscal management
UCC's
Federal sources of funding include the following.
County- SHP/HUD
FEMA Local Board (Emergency Food and Shelter Program)
Federal Emergency Shelter Grant (FESG)
TOTAL FEDERAL
$34,500
6,440
17,480
$58,420
3/25/98, 9:29 AM
300 SEMIN~EYAVE., UKIAH, CA 95482-5400
· ADMIN. 707/463-6200 · PUBLIC SAFETY 463-6242/6274
· FAX # 707/463-6204 ·
1998 G/NA
HOUSING ELEMENT SELF CERTIFICATION
APPLICaNt: CITY Of UKIAH
"1, Candace Horsley, the Chief Executive Officer for the City of Ukiah, have reviewed the
updated housing element of the City of Ukiah, and hereby certify that this housing element,
which includes updated information and which conforms with all other requirements of
Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the
Government code, has been prepared and was submitted to the Department of Housing
and Community Development on November 6, 1995. The updated housing element was
adopted on November 1, 1995 and is in conformity with all requirements of Article 10.6 et
seq."
The second page of this Certification is the December 8, 1995 letter from the State of
California Department of Housing and Community Development, stating the City's housing
element is in full compliance with the State housing element law.
Candace Horsley, City Manager
April 2, 1998
mfh:cdbg98
HOUELCER
'~/e /~e Here To SeNe"
STATE OF C,~LIFORNIA - BUSINESS. TRANSPORTATION ,ANO HOUSING AGENCY
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
'VISION OF HOUSING POLICY DEVELOPMENT
~0 T~IIR.D ~. Room 430
P.O BOX ~$2053
SACRA.~4~-FO, CA 94252.~053
(9t6) 323-3t76 FAX (9~6) 327-2~3
December 8, 1995
PETE WILSON. Governor
RECEIVED
OEC lgg§
Mr. Charles L. Rough, Junior
City Manager
City of Ukiah
300 Seminary Avenue
Ukiah, California 95482-5400
CITY OF UI<IAH
PLANNING DEFT.
Dear Mr. Rough:
RE: Review of the City of Ukiah's Adopted Housing Element
Update -- ~
Thank you for submitting Ukiah's housing element, adopted
November 1, 1995, and received for our review on November 6, 1995.
As you know, we are re_cpaired to review adopted housing elements ~nd
report our findings to the locality pursuant to Government Code
Section 65585(h).
Our August 29, 1995 review letter found that Ukiah's draft
housing element update and the proposed revisions submitted by
facsimile transrmission on August 23, 1995, addressed all comments
from our review letter of M~y 5, 1995. As the adopted element
incorporates these changes, we are pleased to inform you that the
City of Ukiah's adopted housing element is now in full compliance
with the State housing element law (Article 10.6 of the Gove-~rzmen~
Code).
We commend the City of Ukiah for working diligently to develop
a housing element which complies with the law. we also commend the
City for its development of a housing program which clearly
~dd~-, -es===-~- the spec~f~ ic housing needs o.f Ukiah's current and future
residents. We wish you success in the implementation of. your
housing element. If you have any questions or would like
assistance in the implementation of your housing program, please
contact Robert Maus, of my staff, at (916) 327-2640.
In accordance with their requests pursuant to the Public
Records Act, we are forwarding a copy of this letter to the
individuals listed below.
Sincerely,
Deputy Director
UCC
Parking Lot and Food Bank
UCC
Food Bank
UCC
Busy Wednesday Food Bank
UCC
Ford Street Office
UCC
Waiting Room/Lounge
UCC
THE
COMMERCE
FILE
By ICC. MEADOWS
Mendocino COunty's
unemployment rate
shot up to 11.2 percent
in preliminary figures released
for January. That's higher even
than January 1997 which
showed a l l.l percent unem-
ployment rate.
Most of the layoffs came in
the farm production field, which
lost 42.2 percent of its employ-
ment during the month.
Of course the weather has a
lot to do with all this. Even with
increasing economic diversity,
this county's employment is still
largely seasonal.
The next biggest drop in
employment for the month came
in logging jobs, down 30 percent
from December. Transportation
jobs were down 13.1 percent in
January and food stores saw a
drop of 6.8 percent in jobs from
December to January.
. o
-
Even with those January
drops, all those fields sti]] had
more people employed in Janu-
ary of this year than they did in
January ]99?.
FBrm production was up 4
percent from year to year, log-
ging was up ]2 percent from
January in ]99? to ]998, trans-
portation was up 4 percent in the
year to year and comparison and
food store jobs were up 13 per-
cent from a year ago January.
The 1/10th of I percent differ-
eace between January 1997 and
January 1998 unemployment has
come in a slight drop in federal
and state jobs inthe county. A
· total of 40 jobs: - .'" . '" .'~,
A look at the chart from the'
Employment Development'-
Department shows that while
most job sectors showed little
change or a slight drop in
employment in January, almost
all of them showed increased
jobs compared to 1997.
Our labor pool also shrank
between January 1997 and Janu-
ary 1998, from 41,760 to 41,520.
We had 3,310 unemployed
people in November, 1997,
3,360 unemployed people in
December, 1997 and 4,640
unemployed people in January,
1998.
AGENDA
SUMMARY
8b
ITEM NO.
DATE: April 1, 1998
REPORT
SUBJECT:
INTRODUCTION OF ORDINANCE AMENDING ARTICLES 3, 4, AND 5 OF
CHAPTER 2 OF THE UKIAH MUNICIPAL CODE REVISING THE
REGULATIONS FOR THE RESIDENTIAL ZONING DISTRICTS.
SUMMARY: On March 18, 1998, the City Council considered a number of revisions to the City
Residential Zoning District regulations, as recommended by the Planning Commission. After
public testimony and considerable discussion, the matter was continued, and staff was given
direction to refine a number of the proposed regulations.
The City Council identified three (3) Sections that needed to be refined: 1) yard setbacks in the
R-1 District; 2) the second unit regulations; and 3) the landscaping requirements in the R-2 and
R-3 Districts. Additionally, staff recently received correspondence from Mr. Richard Shoemaker,
following-up on his public testimony, in which he expressed concern, and made suggestions for
the second dwelling unit regulations.
(continued on page 2)
RECOMMENDATION: 1) Conduct a public hearing; and 2) Introduce by title only the
Ordinance amending Articles 3, 4, and 5 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:
1. Ordinance Amending Articles 3, 4, and 5 of Chapter 2 of the Ukiah
Municipal Code.
2. Correspondence received from Mr. Richard Shoemaker, dated March 19,
1998.
APPROVED:
Candace Horsley, Cit anager
STAFF ANALYSIS/DISCUSSION: The following text discusses the direction provided by the City
Council, and addresses the concerns and suggestions articulated in the correspondence received
from Mr. Shoemaker.
1. Yard Setbacks in the R-1 District
am
Primary Structures: At the March 18 meeting, concerns were expressed
regarding the proposal to change the yard setback requirements, which could
make many existing homes legal non-conforming. The concern also focused on
what effect this could have on the ability of property owners to construct
second-stories and other additions to their residences.
The existing Zoning Code contains a provision for front yard setbacks that allows
the required distance to be determined by the average setback along one side of
the block, provided it is 50% built-out. This "flexible" regulation is intended to
acknowledge and preserve the existing development pattern in established
residential neighborhoods. Development occurring on blocks that are not 50%
built-out are subject to a base front yard setback distance of ten feet (10').
Staff is recommending that this 50% average setback provision be applied to al_JI
yard setbacks in the R-1 Zoning District, rather than just the front yard. This will
allow the yard setbacks to be flexible depending upon existing development
patterns, and will further the General Plan goal of preserving established
neighborhoods. Staff believes this approach addresses the City Council's concern
regarding establishing overly restrictive yard setback regulations, and possibly
precluding additions to existing homes.
Staff is also recommending that the yard setbacks for development on blocks that
are not 50% built-out be slightly increased to foster a more open, Iow density
quality. These proposed yard setbacks, as indicated in the Table below, when
applied to a 6000 square foot lot would allow the construction of a 1800 square
foot single-story home with an attached two-car garage, and ample outdoor living
area.
YARD REQUIRED SETBACK DISTANCE
Front
Sides
Rear
20-feet (rather than 10-feet), except in
cases where fifty percent (50%) of the
same side of the block is already built
out, then the average setback shall
apply.
10-feet (rather than 5-feet), except in
cases where fifty percent (50%) of the
same side of the block is already built
out, then the average setback shall
apply.
20-feet (rather than 15-feet), except in
cases where fifty percent (50%) of the
same side of the block is already built
out, then the average setback shall
apply.
.
This approach to regulating yard setbacks in the R-1 Zoning District, will require
additional staff time to confirm the average yard setbacks when an addition is
proposed in an established neighborhood. However, based upon the relatively
small volume of building permits, the close proximity of the Civic Center to the
built-out residential areas, and a considerable amount of uniformity in many
established neighborhoods, we have concluded that it is a feasible and fair
approach to establishing yard setbacks, while at the same time preserving the
established character of the City's older neighborhoods.
Recommendation: Adopt the 50% average setback provision for all yard
setbacks, and increase the base yard setbacks, as indicated in the above Table,
that will apply to newly created neighborhoods.
b,,
Accessory Structures: The existing regulations require all accessory structures
to observe the same yard setback requirements as primary structures. The
Planning Commission concluded that this was unnecessarily prohibitive for
tool/gardening sheds, and similar structures, and therefore recommended that
these small types of buildings be allowed to have a 3-foot rear and side yard
setback.
The City Council expressed concern that this might cause a safety issue,
particularly in regard to fire protection. Staff explored the issue with the City Fire
Marshall, who indicated that the Fire Code does not contain yard setback
standards for accessory structures, nor does it dictate a separation distance
between primary and accessory structures. However, from a practical standpoint,
he did indicate that fire fighters prefer as much room as possible between
structures and fences when fighting a fire. Accordingly, he felt that the existing
5-foot side yard setback for accessory structures seemed appropriate for both the
side and rear yards.
Recommendation: Retain the 5-foot side yard setback standard for accessory
structures, and reduce the rear yard setback standard from 15-feet to 5-feet.
Cl
Garages: It was suggested during public testimony on March 18 that new
garages be required to be setback thirty feet (30') from the street right-of-way,
rather than twenty five feet (25'). Based on the consensus of the City Council to
support this suggestion, staff has incorporated it into the revised Ordinance.
Recommendation: Revise the setback for new garages in the R-1 Zoning District
from twenty five feet (25') to thirty feet (30')
Second Dwelling Units
At the March 18, 1998 City Council meeting, a number of issues involving the proposed
second dwelling unit regulations were raised, and staff was directed to refine them
accordingly. The issues focused on the following:
al
Maximum Size: The existing regulations limit the unit to six hundred sixty (660)
square feet for a 6,000 square foot lot OR eleven percent (11%) ofthe lot size for
larger parcels. This means that a 1,100 square foot second dwelling unit could
be proposed on a 10,000 square foot lot.
b.
Cw
The Planning Commission recommended placing a 640 square foot "cap" on the
maximum size of a second dwelling unit regardless of the size of the lot. The
purpose of maximum size standard is to preclude the possibility of a "second"
single family residence on the property, and to assure a small non-impacting and
affordable unit no matter what the size of the lot.
Mr. Shoemaker, in his March 19, 1998 correspondence expresses concern
regarding the 640 square foot standard, and suggests a formula based upon six
factors: 1) parcel size; 2) parcel coverage; 3) square footage of neighboring
homes; 4) a size cap based upon the size of neighboring homes; 5) a height
standard similar to nearby homes; and 6) a maximum unit size. While staff
agrees that not all single family residential neighborhoods are the same, and that
it seems reasonable to seek neighborhood equity when reviewing second dwelling
units, it is our conclusion that such a formula would be too laborious and difficult
to apply.
The City Council did not specifically direct staff to change the 640 maximum size
standard. While it is somewhat of an arbitrary figure, we believe it would help to
address and solve many of the issues that have surfaced during the review of
past second dwelling unit proposals. Limiting the units to 640 square feet would
result in small and practical second units that would not impact the privacy of
neighboring property owners. Moreover, when combined with the primary
residence, the developed lot will maintain the open, Iow density quality of
established single family residential neighborhoods.
Recommendation: Staff recommends the 640 square foot maximum size
standard. Alternatively, the City Council can decide on a different size standard,
or not even impose a regulation establishing a maximum size for second dwelling
units.
Separate Entrance: The City Council suggested that the requirement for a
"separate entrance" be clarified. It was suggested that "separate entrance" could
be construed to mean separate "property" entrance, and therefore potentially
preclude inhabitants of the units to access the property in the same manner as
those living in the primary residence. Accordingly, staff has replaced the word
"entrance" with the word "door," to clarify the regulation.
Recommendation: Staff recommends replacing the term "separate entrance" with
the word "door."
Yard Setbacks: The Planning Commission is recommending that second
dwelling units be allowed as close to the front property line as the existing primary
residence, except that in no case could the unit be any closer than five feet (5').
The proposed regulations would also establish a new rear yard setback for
properties abutting an alley. In this case the rear yard setback is five feet (5')
from the outside boundary of the alley, rather than the existing requirement of
fifteen feet (15') from the rear yard property line. No change to the required five
foot (5') side yard setback is proposed.
In the event that a second dwelling unit is proposed on top of or attached to an
existing garage/structure that does not conform to the yard setbacks regulations,
approval of a variance would be required.
Physical circumstances which may have caused the placement of a
garage/structure so close to a property line, and that preclude the strict
application of the setback regulations could, generally speaking, be legitimate
grounds for making the required legal findings, and approving such a Variance.
The Variance could be folded in with the second unit Use Permit application,
thereby affording all applicants the opportunity to pursue a second unit, regardless
of the placement and configuration of structures on the site which predate the
newer regulations.
In response to a concern expressed by the City Attorney, we have clearly stated
in the revised Ordinance that the setback requirements for second dwelling units
supersede those for single family residences.
Recommendation: Staff recommends adopting the proposed yard setbacks for
second dwelling units.
da
Owner Occupancy: The existing regulations require an owner of the property
to occupy one of the units. The Planning Commission is recommending that this
regulation be retained. Mr. Shoemaker in his March 19 correspondence
recommends that it be retained, because he believes that it generally does have
an influence on property maintenance.
Recommendation: While staff respectfully disagrees with the Planning
Commission and Mr. Shoemaker, we do not feel that the issue is highly
significant, and therefore do not necessarily disagree with their recommendation.
3. Landscaping Requirements
During the public testimony at the March 18 meeting, a number of revisions to the
landscaping requirements in the R-2 and R-3 Zoning Districts were recommended. Staff
indicated that these revisions seemed acceptable, and there was City Council consensus
to revise the proposed Ordinance accordingly.
These revisions include the following:
The size of parking lots that require trees to be planted and pedestrian facilities
to be included has been reduced from sixteen (16) parking spaces to twelve (12)
spaces.
.
Regarding the desired tree canopy coverage in parking lots, the language has
been revised to read, "a tree canopy covera.qe after ten (10) years of growth,"
rather than, "a tree canopy coverage of 50% at maturity."
.
We've added a requirement to preserve and incorporate healthy existing trees into
landscaping plans, where feasible.
CONCLUSIONS: Staff is proposing that the Zoning Code text for the three (3) Residential
Zoning Districts be updated and revised according to the direction contained in the new General
Plan; the direction provided by the Planning Commission; and the direction provided by the City
Council on March 18, 1998.
RECOMMENDATION CONCERNING CITY COUNCIL REVIEW: Staff recommends that the City
Council begin its review of the proposed revisions to the Residential Zoning Districts regulations
by discussing each issue listed in the staff report, and considering staff's individual
recommendations:
1. Item la: yard setbacks for primary structures in the R-1 zone.
2. Item lb: yard setbacks for accessory structures in the R-1 zone.
3. Item lc: yard setbacks for garages in the R-1 zone.
4. Item 2a: maximum size of second dwelling units.
5. Item 2b: separate entrance for second dwelling units
6. Item 2c: yard setbacks for second dwelling units.
7. Item 2d: owner occupancy for second dwelling units.
Staff recommends that the City Council then discuss any other issues identified since the March
18 meeting or raised during the public hearing.
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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.
SECTION TWO
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.
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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:
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
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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-1) 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).
ORDINANCE NO.
Page 1 of 22
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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.
ORDINANCE NO.
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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.
6. The maximum size of a second unit is six hundred forty (640) square feet.
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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').
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.
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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.
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
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
ORDINANCE NO.
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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.
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
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
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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
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.
ORDINANCE NO.
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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.
B.
C.
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).
ORDINANCE NO.
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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.
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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.
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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.
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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.
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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.
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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:
Whenever 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.
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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.
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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.
O.
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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
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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
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:
A. Front: fifteen feet for dwellings and accessory structures, and twenty five feet
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(25') for garages.
B. Sides:
C.
five feet (5'), except as provided in Section 9032.
Rear: ten feet (10').
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. On corner lots, there shall be a front setback line of fifteen feet (15') on each side of the
property facing a street.
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.
ORDINANCE NO.
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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 9208.
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.
ORDINANCE NO.
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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.
ORDINANCE NO.
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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.
ORDINANCE NO.
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Ri chard Shoemaker
710 Willow Ave.
Ukiah, CA 95482
(707) 468-5779
3/19/98
Bob Sawyer/Planning Director
City of Ukiah
300 Seminary Ave.
Ukiah, Ca 95482
Dear Bob,
I realize the planning staff and commission have spent much
time and effort working on the regulations in residential
zoning districts. I really appreciate the planning staff
and commission's effort on this issue. I apologize for not
participating at an earlier level that now.
None the less here are some of my thoughts toward the
proposed changes to the residential zoning code. I have
spoken with Charley Stump about them and will gladly come in
to discuss them.
The cost of building a garage that can legally become a
second unit under today's building standards are
substantially higher than a simple garage structure. I'm
sure there are a number citizens who have built to a higher
standard in anticipation of converting to a 2nd unit.
I believe that the city should set up a method of
recognizing these individuals who are trying to follow the
rules. This can be accomplished by "grandfathering" garages
that have been designed and constructed for conversion to
second units if they do not meet the proposed new
requirements of set back and square footage.
A separate section in the ordinance would be preferred. If
that isn't acceptable a more onerous solution but a way to
deal with it would be in the use permit process as outlined
in section C on page 5 of the Ordinance.
Instead of setting a strict 640 sq. foot limit for 2nd units
a formula based on a percent of coverage for all buildings
on a parcel might work well.
The formula could be set to approximate unit sizes that
would be less than the current 11% of lot standard allows.
This coverage formula could allow a maximum limit not to
exceed 1000 sq. ft. or 1100 sq. ft. for much larger lots.
The formula should be based on-
1) parcel size
2) parcel coverage.
3) Sq. footage of neighboring homes.
4) 2nd units would not exceed 50%, 66% or even 75% of the
size of a residence of any neighboring parcel.
5) If there are similar height structures "nearby".
6) Maximum unit size.
A formula such as this would allow some flexibility for
property owners. Larger parcels could have larger second
units when they don't conflict with the character of the
neighborhood. At the same time neighborhood considerations
would truly be taken into account, in a verifiable manner.
I know that design review as a tool for control can become
subjective but design of the second unit should be a major
key in decision making. In my neighborhood there are three
2nd story second units or Possible second units that all
show design solutions to privacy issues for neighbors. Two
of them are built with a 5 foot sideyard.
Having lived in two different neighborhoods where second
units are prevalent I can say that owner occupancy in one of
the units generally does have an influence on the
maintenance of the property.
My experience in looking around town has been that strict
rules can result in problems in some areas and unnecessary
restrictions in others.
The 2nd unit discussion and the discussion of second floors
for any residence would be well served by the council
spending an hour or two in a van looking at a few real life
situations. There are prime examples of problems and
solutions in neighborhoods between Dora, Perkins, Maple and
Todd Grove Park. These neighborhoods are what I would
consider "developmental diverse".
I would appreciate it if you could notify me when these
issues return to the council for action.
If you have any questions or I can be of service on this
issue please call.
Thanks for your time.
Sincer.ely,. ~ /
Richard Shoemaker
CC:
City Council
AGENDA
SUMARY
ITEM NO. 9a
DATE: April 1, 1998
REPORT
SUBJECT: DISCUSSION REGARDING MAIN STREET PROGRAM AND MAKING
APPOINTMENTS TO AD HOC MAIN STREET SUBCOMMITTEE
Representatives of the Ukiah Main Street Program addressed the City Council during the
meeting of December 3, 1997, to request funding assistance from the City. Their current
funding consists of approximately $15,500 a year from AB 1693 funds, as well as the
proceeds from a variety of fundraisers and sponsorships. In the last several years, the
Main Street Board of Directors has made a concerted effort to improve and increase their
programs and, as a result, has increased their revenues from approximately $40,000 to
the current budget of $80,000. This was accomplished by the addition of new fundraising
programs and upgrading their part-time manager to a full-time position.
With the passage of AB 2483 in 1985, the State of California initiated the California Main
Street Program to help small cities revitalize their downtown central business districts.
These older core commercial areas had served as economic, social, and cultural focal
points of towns and cities throughout the state, but over time community growth patterns
dissolved or reduced the commercial viability of many central business districts.
Downtown core areas had lost their markets and subsequently lost businesses, jobs, and
sales tax revenues, and suffered physical deterioration in some form as a result of disuse
or underutilization. Also, with the loss of business revenues, property owners had less
ability to finance building improvements and necessary maintenance.
Continued on Page 2
RECOMMENDED ACTION: Approve direction of Staff to create a joint agreement with the
Ukiah Main Street Program for scope of services, and move to appoint two Council
members to an ad-hoc subcommittee for this purpose.
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. Determine establishment of a subcommittee is unnecessary at this time and do not
move to appoint.
Acct. No. (if NOT budgeted): N/A
Appropriation Requested: N/A
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
Acct. No.-
(if budgeted)
N/A
Ukiah Main Street Program
Candace Horsley, City Manager
N/A
NA
1. March 3, 1998 Letter to Kathy Fowler from Candace Horsley.
2. March 3, 1998 Letter to Main Street Board from Kathy Fowler.
3. March 19, 1998 Letter to Candace Horsley from Ukiah Main Street.
4. February 17, 1998 Ukiah Main Street Program Information.
APPROVED: ~~n ~~'~-'~o~..~,
Ca dace Horsley, City, Manager
The State Main Street Program was developed to provide sensible economic development
in a preservation context, combining public/private sector resources and building on the
idea that a downtown has a total image. Four elements contribute to a total image, each
of which receives careful attention under the Main Street approach.
.
.
.
.
Organization - providing for the cooperative effort of separate groups, working
together more effectively in the downtown area, including financial institutions, City
government, businesses, the Chamber of Commerce, civic groups, and individual
citizens.
Promotion - promoting and advertising the downtown as a community stage and
meeting place filled with activity, lively stores, quality service, and community focus.
Design - enhancing the visual quality of the downtown in its buildings, signs, window
displays, landscaping, and environment.
Economic Restructuring - diversifying the downtown economy by sustaining and
enhancing existing businesses; filling gaps by recruiting new businesses, or
providing a balanced retail mix; converting unused space into productive residential
or commercial use; and improving the competitive conditions or market for
downtown businesses.
In the late 1980's, the City and local downtown businesses initiated a cooperative effort to
jointly apply as one of five eligible cities to be selected as a "Demonstration City" under the
California State Program. Though several applications were submitted, Ukiah was
unsuccessful and was not selected for the State program. In spite of defeat at the State
level, a tremendous effort was initiated by our downtown community, the City, and other
interested officials to successfully establish an "Independent" Main Street Program. This
program has developed over the years into a vibrant and dynamic presence downtown,
with over 9,800 volunteer hours given per year to improving the downtown area. The
merchants within the program boundaries have voluntarily agreed to doubling their
business license tax, under AB 1693. This increase partially funds the Main Street
Program at approximately $15,500 per year.
Upon receiving Main Street's request for financial assistance, I have spent many hours
reviewing the State Guidelines to better understand the goals and objectives of a Main
Street Program and its function within a downtown district, l also collected Main Street
Program scope of work documents from various cities to obtain an expanded view of the
broad spectrum of programs and projects produced by other regional Main Street
Programs. Upon comparing these with our local program, it became clear that the Main
Street Program and the City of Ukiah have successfully worked together over the years in
many different ways. The City administers the AB 1693 District funding, and also
coordinates with Main Street on various programs and special events. The Conference
Center provides several discounts to Main Street, including free use of meeting rooms, the
Plaza and its storeroom, and significant discounts for the large Conference Center rooms
for the New Year's Eve Party and other events. In addition, Main Street Board members
are an integral component of our downtown design review process which is funded through
the Redevelopment Agency. I believe there is also a much greater potential for our two
organizations to further link resources and provide an even larger scope of programming
and accomplishments in the downtown core. For example, the Redevelopment Agency
has expended over a quarter of a million dollars to sponsor building renovations, downtown
business recruitment, promotion, and enhancements, with an additional $150,000 directed
toward the marketing of downtown. Clearly, these are programs which offer great potential
for increased participation by Main Street.
Recently, Kathy Fowler, representing the Main Street Board, and I have met to discuss
many aspects of the Ukiah Main Street Program, as well as to exchange information on
what types of additional projects the City would see as beneficial and whether the Main
Street Board would be willing to engage some of these projects. Our goal was to
coordinate between the two agencies to accomplish programs that we both saw as
beneficial to the downtown area.
The following are some of the relevant points of our discussion:
·
The Redevelopment Agency no longer contracts for our business development and
recruitment and economic development programs. By partnering with the Main
Street Program, there is an opportunity to provide new and enhanced programs that
can serve our downtown core. The City recognizes that by planning and working
together on various projects, much more can be accomplished in the downtown
area. It is important to the City that there are tangible results directly related to our
Redevelopment and Economic Development goals, and by providing funding
assistance to some of these programs we are able to reduce our costs in other
areas which would be of equivalent service. Main Street recognizes that the City
has financial constraints at this time and needs to show a direct relationship
between funding and results.
.
The best way to achieve consensus on these programs would be through joint
meetings to discuss what the City is looking for and what Main Street has the
resources to do. The City and Main Street could design a contract that lists these
objectives and defines the expected results.
·
The Conference Center, in a spirit of cooperation, has offered significant discounts
for Main Street events. Since the Conference Center is an enterprise fund, these
discounts can impact the Center's ability to establish a positive financial position.
The City, not the Conference Center, should partner financially with Main Street on
joint projects through reimbursements to the Conference Center.
·
The City is expanding its contract with Municipal Resource Consultants (M.R.C.) to
include the downtown businesses as a separate section of the total business
license accounting to ensure that all businesses within the downtown area are
receiving appropriate billing and collection of their Business Improvement District
funds.
.
Examples of potential Main Street Program activities we discussed that would be
of value to the City and the downtown area include'
Complete an inventory of building locations, square footage, and use of
property downtown.
Design promotional activities brochure in coordination with the City to market
the downtown area and the efforts of Main Street.
Recruit businesses for retail and office space as it becomes available.
Network with the businesses and the Economic Development and Financing
Corporation to exchange information on available loans and grants for
business growth and development.
Conduct meetings with property owners to exchange ideas and information
regarding economic growth potential for downtown building uses.
Create a historic downtown walking tour map.
Develop a downtown garbage abatement program.
Implement a street tree program for the downtown area.
Promote and coordinate applications between the City and Main Street for
facade rehabilitation projects in the downtown area.
Develop a business and restaurant recruitment package program.
The Main Street Board of Directors has reviewed the above points of the meeting between
Kathy Fowler and myself and has approved continued discussions towards development
of new programs and a contractual agreement. Staff is requesting Council's approval to
work with the Main Street Board to develop a draft agreement, which would include the
duties and responsibilities of our respective organizations, and compensation to the Main
Street Program for accomplishment of the joint program goals.
The Main Street Board and City staff agree and recommend that a subcommittee
consisting of two Council members, two Main Street Board members, and staff from Main
Street and the City should be established to develop an agreement. I believe this process
would be beneficial in developing a cooperative and fair agreement which addresses the
needs and concerns of both our respective organizations and I recommend the Council
appoint two of its members to participate.
The Main Street proposal also includes a request for funding assistance through the
remainder of this fiscal year with additional long term funding to be defined in the proposed
agreement for services. I have reviewed services which have been provided by Main
Street this year which have provided tangible benefit to the our downtown and a cost
savings to the City. During this past year Main Street staff and volunteers conducted an
independent survey of businesses in the AB 1693 district and cross referenced the survey
results with the City's business licence registry. Consequently, a number of businesses
operating within the district without a business license were identified. The results of this
effort will be increased revenue for both Main Street and the City. Main Street also
accomplished a second goal of the State Guidelines through their School Street planter
renovation project. Through coordinated volunteer efforts of the Ukiah Host Lions Club
and various Board members, as well as donations from the Ukiah Garden Club, Main
Street has initiated the relandscaping of the triangular planters along School Street.
Currently, no formal agreement exists between our respective agencies for funding
assistance. However, based upon the savings of City staff time and costs for consultants
to complete the above projects, I believe it is in both the City's and Main Street's best
interest to provide some assistance this year. Should the Council wish to consider this
approach, staff is recommending assistance of $1,570, which can be applied to their rental
costs between January and June of 1998. Approval of this funding assistance is not being
requested at this time as funding will be provided through the Redevelopment Agency.
Staff is, however, recommending the Council provide direction as to what amount, if any,
the council wishes to provide to June 1998, and staff will agendize the item for the
Redevelopment Agency meeting on April 15, 1998.
c_.
· ADMIN. 707/463 6200 · PUBLIC ~ 463-6242/6274
· F~ ~ 707/463-6204 ·
March 3, 1998
Kathy Fowler
Main Street Board of Directors
c/o Kathy Fowler Chevrolet-Pontiac
325-20th
Lakeport, CA 95453
Dear Kathy:
I wanted to let you know how much I appreciated our discussion on how Main Street and the City
can coordinate with each other to accomplish programs that we both see as beneficial to the
downtown area. This was long overdue and hopefully will lead to a long-term concerted effort for
the downtown. I thought I would put some of our thoughts down in detail so that you can share
them with your Board. I will also be sharing them with my staff and Council. If you feel any part of
the following items is inaccurate, or that you would like to expand or revise, please contact me and
let me know.
The City may be able to help fund certain programs with Main Street if there are tangible
results that are directly related to Redevelopment and economic development. One important
issue for the City is that we be able to illustrate to the public that by funding these Main Street
programs we are saving money which would be used to fund equivalent services. Main Street
recognizes that the City has financial difficulties at this time and needs to show a direct
relationship between funding and result.
Possibly the best way to achieve consensus on program ideas would be through joint meetings
to discuss what the City is looking for and what Main Street has the resources to do. The
City and Main Street should design a contract that lists the objectives and the expected
results.
Whenever there is a joint participation event, Main Street and the City will meet well ahead
of the event to plan and determine the roles of each group so as to not cause last minute
scrambling and reallocation of resources.
'We Are Here To Se~¥e"
Both the City and Main Street need to publicly recognize each other's participation and
teamwork they share on various projects.
The City is contracting with MRC to include the downtown businesses as a separate section
of the total business license accounting to assure that all' businesses within the downtown are
receiving appropriate billing and ensure collection of Business Improvement District funds.
Examples of possible Main Street Program activities that would be of value to the City were
discussed and the list is enclosed for the Main Street Board to consider.
I am currently meeting wkh my staff to' go over the activities that we discussed. Once you have had
the opportunity to meet wkh your Board, please get back with me as soon as possible so that we can
proceed with our plans to discuss possible funding with the Council and prepare an agreement or
contract to formalize our mutual commitments.
Again, I very much appreciated your understanding, flexibility, and forthright approach to working
together and sincerely look forward to having a much better working relationship with Main Street
in the very near future.
Sincerely,
Candace Horsley
City Manager
c: Kris Rasmussen
4:C4m:lkfowlcr
03/03/1998
18:09 17072630105
KATHY FOWLER CHEV
PAGE
02
Main St. Board
A couple of weeks ago Candace and I met to work out a
system for future growth regarding the relationship between
Main St. and the City of Ukiah. Future Growth would be in
the areas where we can take on services, projects, etc, that
are relative to the health of the AB 1693 with consideration
from the City,
Candace and l realize much has changed both in the
Management of the City and Direction of the Main St. Board
and that the time has come to shed our preconceived
ideas and tug of war over money (neither of us has any)
We can forge a mutually beneficial relationship by good
advance communication with the City and pursuing those
goals that work best in tandem with the City and City Staff.
For starters we need to make every effort to meet personally
with Staff and put salve on the she says he says, they did, we
shoulds that come when we are scraping to survive.
Main St. will be autonomous but related to different aspects
of the City. I suggested a contract to be renewed yearly where
we and the City agree upon the areas we will be responsible
for and the consideration we receive.
I personally feel very positive about our combined future and
the future of Ukiah. We are a very active and dedicated Board
and the City has made great strides by good strong decisions.
These are the makings of fruitful teamwork.
Kathy Fowler
Ukiah Main Street
Board of Directors
Guillermo Zazueta
President
Rack 'em up Billiards
and Darts
Kathy Fowler
Vice President
Promotions Chair
Fowler Auto Centers
Paul Shimmin
Treasurer
Savings Bank of
Mendocino County
Donna Berry
Cononiah Vineyards
Kenn Cunningham
KNTI Radio
Larry DeKnoblough
City of Ukiah
Dennis Denny
Denny Bicycles
Dede Ledford
R & D Rentals
Ledford Ranch
Guadalupe Chavez
City Council Member
Jennifer Puser
Assemblywoman
Virginia Strom-Martin
Ed Eversole
Eversole Mortuary
Kris Rasmussen
Executive Director
200 S School St
Ukieh~ CA 95482'
(707) 453-~729
March 19, 1998
Candace Horsley, City Manager
300 Seminary Ave
Ukiah, CA 95482
Dear Candace,
Kathy Fowler reported on your February meeting with her and shared your
letter and examples of Main Street Program activities with the UMSP Board of
Directors on March 6. Kathy felt the meeting was very positive and that the
UMSP and The City of Ukiah will do wonderful things together. The Board
warmly received your letter. They thank you for your consideration of our
program.
Kathy shared that both you and she thought a contract should be written
between the two organizations to eliminate confusion and clarify expectations.
Larry reported that Bob Sawyer at the City was drafting a mechanism for writing
this contract. Our board suggested that a contract committee form made up of
City Council members, Main Street Board members and a staff person from both.
Our board suggested that Kathy Fowler, Dennis Denny, Larry DeKnoblough,
Guadalupe Chavez, Jim Masten and Kris Rasmussen work on this contract.
Our board is excited and eager to work on a joint agreement. Please let us
know what you think of this and what you think the next steps are. Thanks again.
Very Sincerely,
Kris Rasmussen for the Board of Directors, UMSP
' 2-17-98 UKIAH MAIN STREET PROGRAM
Wheat we do:
Newsletter 5 times a year [o down[own Merchants and individual persons and
businesses. Included in letter is the Bad Check list. We promote the Cities bad
check program.
7 comedy shows o year which hasn't created income but is well done
and has a good following. High overhead - room rental- and sound
system.
New Years Gala - have yet to fill the house
Annual Dinner thanking persons who help Main St.
A Taste of Downtown - very well received and looked forward ~o.
would like to have enough money to advertise out of town more.
Cinco de Mayo - brings many down[own
Early Iron show - we organize, many attend
Parking triangles - we plant and have mos[ of [he sprinklers in.
Tree planting in the Plaza.
A newly established center (Mary Slaughter formerly from H.U.D. @
468-,5426) who is keeping a computer program on availability of
office space in t~e AB1695 including suare footage and price,
amenities etc.
HOT HOT HOT Auto show - was great Friday nite- needs work
We sponsor and arrange the awning cleaning program - we tike the
place to look nice]
The infamous Holiday tree lights - The City contends it was never
their deal. It was mine, I bought the first lights and some of our
more agile tree climbers put them up. That was 8 years ago. The
trees have grown, we aren't so agile and it is something the city
should have done to begin with.
The Holiday trolley with the Chamber and M-fA.
We send Kris to Nationally sponsored Main St Meetings to keep up on
the latest and this group was the push [o get a bill passed that
Downtown Post Offices now have to give advance notice before moving.
(Gives us a chance to try [o change their mind)
Lets not forget that had we not been a National Main St. City we
would not have been considered for the 6th best small town in
America and the only one in California.
We also did an audit that corrected your records enabling you and
us to collect lost revenue.
Over [he past 3 years we have paid $50,555 into the conference
center in rental fees.
We estimate that we bring annually 23,150 people into the Down[own.
YOU REALLY SHOULD CONSIDER US AN OUTSIDE SERVICE PROMOTIONAL
ARM FOR THE CITY. We aren't out of ideas or energy yet. We are
a very active and dedicated board BUT most of us being business
people we know red ink when we see it. The natural transition for
us would be 'to work [o enhance the Cities effods. We can do some
things for less cost than The Ci(y. We are insured.
There has to be a way we can fit into o nich that can enable you
[o fund us for the services we perform. Put us on a yearly
review. If we don't keep up our high standards we'll pay the
price. Enable us [o help Downtown through the transition. Kathy
ITEM NO. 9b
DATE: APRIL 1, 1998
AGENDA SUMMARY REPORT
SUBJECT: SET DATE FOR BUGET GOAL SETTING SESSION
As noted at the last meeting, Mayor Malone will not be in attendance at the April 15 City
Council meeting during which consideration of the budget goals and objectives was calendared.
An alternative date needs to be scheduled to allow input from all Councilmembers. April includes
a fifth Wednesday, the 29th, and Staff is suggesting a special meeting that morning. We believe
a three hour session would accommodate presentations from all departments and recommend
the meeting begin at 8:15am. Please consult your individual calendars and determine an
appropriate date and time for the goal setting session.
RECOMMENDED ACTION:
Set April 29, 8:15am as the Date and Time for the 1998/99
Budget Goal Setting Session.
ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine alternative date and time for budget goal setting session.
2. Determine session is not desired and take no action.
Acct. No. (if NOT budgeted): N/A
Appropriation Requested: N/A
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
Acct. No.: N/A
N/A
Michael F. Harris, Risk Manager/Budget Officer
Candace Horsley, City Manager
None
APPROVED:~ ~(~ 't~~~-~
rnfh:asrcc98 Can~-ace Horsley, Cit~Manager
0401 GOAL
March 26, 1998
To: Candace Horsley, Ukiah City Manager
From' Mike Sweeney
Re: Draft Contract, March 18, 1998
I am responding to your request for comment on the draft contract between the
City of Ukiah and Solid Wastes Systems for transfer station development.
Since these comments are submitted for staff's consideration, I will speak
frankly with the understanding that the goal is to help the City develop the best
possible agreement.
Section 1.09. The Disposal Facility is not named. The City needs to know the
destination of waste, because of the potential liability, and obtain
indemnification from the Disposal Site against that liability. Without prior
identification of the Disposal Site, there is a theoretical possibility of an impasse
if the City and Contractor can't agree.
Section 1.23. Definition of "Site" includes entire parcel. Is it the intent where
this word is used in Article 12 to refer to the entire parcel or just that portion of
the parcel upon which the transfer station is built?
Section 2.01(a). Comma should not appear after "glass".
Section 2.01(a). No plans for the facility are included with the contract and
there is no deadline by which the Contractor must submit the plans. The City
Council does not appear to have the right to reject the plans--rather, "any
disputes" go to arbitration by the Independent Engineer. There was fairly
detailed review of the plans submitted by Solid Wastes Systems in late 1997.
To include those plans with the new contract would at least provide a basic idea
of what the transfer station would look like. If the Contractor is thinking of
significant changes in the 1997 plans, those changes could be noted. Section
4.12 gives the City an unrestricted right to make Change Orders, but the
Contractor can increase the Service Fee accordingly.
Section 2.01(b). Contractor is required to "seek the lowest qualified bidder,"
but there is no explanation of how this will be done. The MSWMA contract at
Comments, Page 1 of 6
2.01(b) included a detailed procedure(proposed by Solid Wastes Systems) that
would assure an open procurement process and give the City ultimate right of
approval. This may be particularly important because the Contractor's return on
construction capital (10%) is above market and the Contractor might not feel
much incentive to minimize costs.
Section 2.02. The words, "unless prior to , the City notifies
Contractor of a later date" appear to be unnecessary.
Section 2.03. Because of the possibility of rail service interruption, the
Contractor must be able to immediately substitute truck haul. This section does
not appear to require the Contractor to have that capability, but instead
obligates the City to give 180 days' notice.
Sections 2.03 & 2.06. Requires Contractor to receive self-haulers between
5 a.m. and 5 p.m. is this the intention?
Section 2.05. There is no requirement to remove truck transfer trailers of
waste from the site within a particular number of hours. This is important
because Solid Wastes Systems would be using open-topped trailers that are
not sealed.
Section 2.05(g). Should read "Taylor Drive."
Section 2.09. The following provision appeared in the MSWMA version: "All
personnel will be able to communicate clearly in the English language." This
may require the Contractor to pay slightly higher wages, but it is important for
public safety.
Section 2.12. The following sentence appeared in an earlier Contractor offer
but is missing from this draft: "MSMWA shall have the option to provide
refrigerant removal from appliances received at the Transfer Station at no cost
to the Contractor." MSWMA is currently making this service available
throughout Mendocino County to relieve the public of the $10 to $15 charge per
refrigerator for recycling.
Section 2.21. Another permit which will be required is Major Use Permit from
the Mendocino County Planning & Building Department.
Section 2.22. Since the City and other jurisdictions will be receiving
significant surcharges out of the receipts at the Transfer Station, it would seem
advisable to require some basic assurances that all revenue is reported. These
could include a requirement that a machine-printed consecutively numbered
receipt be given to all customers without exception and that all revenue,
whether cash or charge, be reconciled daily to receipt copies. Also, there
should be a stipulation that Contractor will use Reasonable Business Efforts to
collect from all charge customers and will terminate charge privileges if bills go
into arrears by 45 days.
Comments, Page 2 of 6
Section 3.01. This section gives the Contractor the right to receive waste
from outside of Mendocino County. This has implications for the EIR for the
project. In the EIR, Contractor will have to disclose all possible wastestreams
that would be received at the transfer station, and evaluate impacts accordingly.
Section 3.01 The language which requires the Contractor to record the origin
of waste is a little imprecise, and it doesn't include a requirement to actively
report the data to the City. I recommend the language which appeared in the
MSWMA version at 2.25: "Contractor shall record and report to MSWMA the
local government jurisdiction of origin of all Acceptable Waste, Yard Waste, and
Wood Waste received from Franchised Waste Haulers, and will conduct origin
surveys of Self Haulers sufficient to satisfy all origin reporting requirements of
the California Integrated Waste Management Board."
Section 4.01. "Solid waste" should read "Acceptable Waste."
Section 4.01. Contractor's offer in September included an agreement that
"the Transfer Station shall be available to all MSMWA member jurisdictions
subject to the same Transfer Station fees as the City of Ukiah, and .... the City
shall not agree to any change in the contract with Contractor that shall abridge
such right." This point is missing from the current draft. This creates the
potential for Contractor to take waste from another jurisdiction at a greater or
lesser fee charged to City residents. Is this intended?
Section 4.01(a). "Waste sheds" is not defined.
Section 4.01(a)(1). "Indicated waste sheds" is not defined. The City of
Ukiah does not generate 15,000 tons of solid waste per year. This tonnage is
reached only if all the current unincorporated area self-haul is included.
Therefore, the words "from the City" should be deleted.
Section 4.01(c). The City should be able to change its "election" of options
at any time. Here's why: a Disposal Site might lower its tipping fee because of
increased scale of operations or competitive pressures. The City should be
able to benefit from that reduction at any time. The selection of "Option 1" would
prevent that pass-through and give the benefit entirely to Contractor. On the
other hand, "Option 2" makes City vulnerable to whatever terms exist in the
Disposal Site subcontract with Contractor, which are unknown at this time. See
also comment on Section 1.09.
Section 4.01(e). "Solid Waste" should read "Acceptable Waste."
Section 4.02(a). This section appears to require the City to raise the Service
Fee to a level sufficient to provide the Contractor with a 10% margin above
costs. Some of the language is slightly ambiguous, so it should be tightened to
make it completely clear whether this is a mandatory obligation on the City. If it
is, then there is a question as to what allowable costs are included in the
"reasonable expenses of providing [the service]." For example:
· Management overhead at Ratto's headquarters?
Comments, Page 3 of 6
· Debt service payments on mobile equipment and transportation
equipment?
· Depreciation on mobile equipment and transportation
equipment?
· Attorney's and consultant's fees?
· Salaries and expenses of employees who are involved in other
Ratto operations?
As written, the Contractor would have an incentive to maximize the costs of the
Transfer Station operation. Since Ratto's operations are closely intermingled
with Lake County and Sonoma County operations, and with the existing Ukiah
Franchise Contract, there could be many opportunities to do this.
Section 4.05. The City may wish to clarify whether the Contractor can "pass
through" onto the garbage rates his additional costs that would result from
taking over the billing. These costs might include: · Postage
· Stationery and printing
· Personnel for collections, complaints, inquiries
· Uncollectibles
Presently, the City has few losses due to non-payment because of the threat of
electricity cutoff, and almost no billing costs because garbage is a line on the
consolidated utility bill. With the loss of this tool, the Contractor will suffer the
normal rate of non-payment. If the Contractor can't cut off service due to non-
payment, then the problem could grow to considerable dimensions as people
realize they can get garbage service without paying. On the other hand, if the
Contractor is authorized to cut off service, then the City's policy of mandatory
collection would effectively terminate. It is surprising that the Contractor would
seek to dismantle the existing cheap system of billing and collection. The Willits
hauler has done the opposite--requested and obtained the City's assistance in
collection by putting unpaid garbage bills on the water-sewer bill to enforce
collection.
Section 4.06. The type of amortization should be specified. Presumably,
level-payment amortization is intended.
Section 4.06. "Solid Waste" should read "Acceptable Waste."
Section 4.06. The method for projecting the tonnage of Acceptable Waste is
not specified. In the previous Offer, the following language appeared: "The
projected solid waste tonnage shall be determined by Contractor who shall
request one-year use agreements with each prospective local government
jurisdiction and/or hauler in Mendocino County. The previous 12 months' waste
generation of each participating jurisdiction or hauler 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 to actual
annual debt service cost, and no more."
Comments, Page 4 of 6
Section 4.06. The interest on capital paid to Contractor is 10 percent,
increased from 8 percent in the earlier contract drafts and the MSWMA version.
For purposes of comparison, it should be noted that the best vehicle for private-
sector transfer station financing at the present time is the California Pollution
Control Finance Agency, which is providing financing at 3.15%.
Section 4.06. There is no cap on the Construction Cost component. Since
there are no plans submitted as part of the contract and no EIR mitigations are
yet known, the City has no firm way of projecting Construction Costs. The
Contractor has no. incentive to minimize Construction Costs. In fact, if
Contractor could borrow money at 7% to pay for construction, he could earn a
profit of 3% on all monies spent to develop the facility.
Section 11.03(b). The Independent Engineer shall arbitrate a dispute over
"the City acceptance of Transfer Station." But there is no contract language
which requires Acceptance. Before being obligated to observe the contract, the
City should have the right to formally determine whether the Contractor has built
the facility in conformance with the Plans & Specifications and whether it
passes acceptance tests. See Section 2.04 of the MSWMA version.
Section 12.01. After the second ten-year term of the Contract, the
unamortized portion of the Construction Costs would be zero, and this should
be noted in the language.
Section 12.01. If transportation method is truck haul, Contractor intends to
use transfer trucks that also serve the five Sonoma County transfer stations.
This equipment would not be exclusively assigned to the Ukiah transfer station,
and it should be clarified which transfer trucks, if any, the City would be
obligated to purchase.
Section 12.01. The City is required to give written notice six months before
expiration of the Contract at 20 years if it wishes to assume ownership of the
Transfer Station, which would then cost zero. If some future City Administration
forgets about this six-month notice.requirement, ownership of the Transfer
Station would remain with the Contractor and the public would suffer
irreparable loss. Some "fail-safe" language should be used to protect against
the City's failure to remember the notice requirement. The simplest way to do
this would be to eliminate the notice requirement altogether.
Section 12.02. See earlier comment on definition of "Site."
Section 12.02. Purchase price for the site is escalated annually by the full
CPI, not 75% of CPI like the Service Fee. Is this intended?
Section 15. If the Transfer Station Contract is terminated at 10 years, does
the Franchise Contract also terminate at that time? That is the literal meaning of
the language used, but I'm not certain that this was intended.
Comments, Page 5 of 6
Exhibit A. This was not included,with the draft copy I was given. Therefore, I
can't comment on it.
cc: David Rapport, City Attorney
Comments, Page 6 of 6
MAR-26-1998 12:43
M.C. SOL;D WASTE
?8? 463 40?8 P.01
MKNDOCINO COUNTY
SOLID WASTE DMSION
FROM:
DATE:
RE:
Paul Cayler, Solid waste Division Director~~// .
March 26, 1998
COMMENTS ON DRAFT AGREFA~/ENT BETWEEN THE CITY OF UKIAHA/~
SOLID WASTE SYSTEMS, INC. FOR THE DEVELOPMENT AND
OPERATION OF THE TAYLOR DRIVE SOLID WASTE TRANSFER
STATION.
The purpose of this memorandum is to respond to your request that
I review the draft agreement between the City of Ukiah (City) and
Solid Waste Systems, Inc. (SWS) for the development and operation
of a solid waste transfer station at the Taylor Drive site. The
following are my comments:
1)
2)
3)
5)
Page 12, Section 2.03 (waste Transfer, Transportation &
Disposal, Recycling): This section sets forth a provision
whereby if the City directs a switch from rail haul to truck
haul, SWS shall recover any losses from the disposition of
rail equipment. It is clear that the total amount of the loss
is amortized over the remaining term plus 10%, but the method
of determining the amount of the loss is vague.
Page 14, Section 2.09 (Staffing): It may be appropriate to
add that the Station Manager/Supervisor assigned by SwS has
"full-time" responsibility for the management of the facility.
Page 19, Section 4.01 (Components of Service Fee): The copy
of draft agreement I received did not have Exhibit A (Service
Fees) attached. Exhibit A has not been transmitted as of the
writing of this report, therefore I cannot comment of proposed
rate structure.
Page 19, Section 4.01(a)1 (Components of Service Fee): This
section sets forth a provision whereby if the facility
receives less than 15,000 tons of acceptable waste, excluding
recyclable materials, then the rates shall be evaluated per
Section 4.02 (CPI Adjustment). in my discussions with Mr
Rick Kennedy, he informed me that the City's wasteshed in 199~
was .- 12,000 tons, and in 1997 was +- 13,700 tons. It may be
appropriate to closely evaluate whether by 2001 growth in city
wasteshed will exceed 15,000 tons.
Page 20, Section 4.01(e) (Components of Service Fee): It may
be appropriate to amend (new language underlined) the third
sentence of this section to state, "Any other member of MSWMA
may direct ~dLh_thirtv (30) davy n9~ic9 that a surcharge,
MAR-26-1998 12:44 M.C. SOLID ~ASTE ?0? 463 40?8 P.02
Ms. Candace Horsley
March 26, 1998
Page 2
including the MSWMA surcharge, shall be collected and paid
~ by the Contractor on any Solid Waste originating
within its jurisdiction.... Also, for consistency purposes it
may be appropriate to change the term "solid waste" (not
defined in Art. 1) to "acceptable waste' (defined Section
1.01).
6)
7)
Page 21, Section 4.02(a) (CPI Adjustment): This section sets
forth provisions whereby the Operating Cost Component, the
Transportation Cost Component, and the Disposal Cost Component
are annually increased by 75% of the Consumer Price Index
(CPI). Starting in 2005, every four years thereafter, the
City shall review the Service Fee using SWS audit information.
Service fee shall be adjusted to "fairly compensate" SWS.
"Fairly compensate" is defined as gross revenues of SWS and
any related company from the components of the Service Fee
subject to CPI adjustment hereunder exceed by 10% the
reasonable expenses of providing those components of the
services for which the fee is charged, said expenses to be
determined in accordance with GAAP. In such a cost plus
arrangement, whereby a minimum return is guaranteed, it may be
appropriate to establish a cap on the return.
Page 22, Section 4.02(b) (CPI Adjustment): This section sets
forth provisions whereby SW$ must maintain full and accurate
books. An audit by an independent CPA is due every four
years. Said audit shall include a report with opinions
showing income, expenses, liabilities, and assets. It may be
appropriate to require SW$ to submit compiled financial
statements in the off years, thereby a complete financial
history over time can be shown. Also, it ~l~y be appropriate
to require a report on accounts receivable in light of the
fact that Section 4.05 gives the responsibility of billing to
SWS.
8)
Page 22, Section 4.03 (Addl. Adjustment of Disposal Cost
Component): This section sets forth provisions whereby the
savings for disposal cost decreases be used to offset a
possible increase in transportation. If there is residual
savings, then it is split 50/50 between City and SWS. The
City may direct how its portion of residual savings is
applied. It may be appropriate to specifically state that
City shall use said residual savings for other solid waste
related services.
9)
Page 23, Section 4.06 (Construction Costs): This section sets
forth two methods of adding the construction cost component to
the Services Fee. The method to be used is the lesser of the
two.
MAR-26-1998 12:~ M.C. $OL~D ~ASTE ?0? ~6~ 40?@ P.O~
Ms. Candace Horsley
March 26, 1998
Page 3
Method A is $11.73 per ton if the facility receives
15,000 tons of Acceptable Waste in the first year of
operation, and if the construction does not exceed
$2,016,885. If 15,000 tons is not achievedr then the
construction cost component will be increased to insure
that SWS receives $175,950 annually. If the construction
cost exceeds $2.016 million, then the overrun shall be
amortized per Method B and added to $11.73.
Method B is the cost per ton equal to annual payment to
amortize construction costs over 20 years plus 10%
interest per ann~ divided by the projected tonnage per
year,
It may be appropriate to evaluate the interest rate of 10% per
an/%%~aconsidering that this service agreement, if executed, is
a very secure investment. Also considering that a 30 year
mortgage is presently in the range of 7.0%, and a 30 day T-
Bill is around 5.0%.
It may be appropriate to consider establishing a construction
cost cap.
10) Page 24, Section 4.11 (Recycling Fees): This section sets
forth a provision whereby if three of the four MS~4A member
jurisdictions execute 20 year agreements with SWS, then a 10%
handling charge on Day recyclables will not be charge during
the term of the contracts. It may be appropriate to consider
if this is acceptable to Sws for this section that a similar
provision be included in Section 4.02.
11} Page 25, Section 4.12(b) (Change Orders): It may be
appropriate to amend (new language underlined) the second
sentence of this section to state, "The Operating and Disposal
Component of the Service Fee shall be adjusted if necessary to
offset any increased or decrease4 costs to Contractor arising
from such a change."
12) Page 37, Section 12.02 (Purchase or Lease of Site): It may be
appropriate to amend (new language underlined) the last
sentence of this section to state, "The parties shall each
bear the expense of their separately selected appraisers and
share ~ the cost of the third appraiser.'
cc: file Ukiah City Correspondence
Members of the Board of Supervisors
Michael Scannell, CAO
Michael Sweeney, MSWMAGeneral Manager
TOTAL P. 03
AGENDA
SUMMARY
9c
ITEM NO.
DATE: APRIL 1, 1998
REPORT
SUBJECT:
DISCUSSION OF PROPOSED CONTRACT WITH SOLID WASTE
SYSTEMS, INC., FOR THE CONSTRUCTION AND OPERATION OF A
SOLID WASTE TRANSFER STATION AT THE TAYLOR DRIVE PROPERTY
AND SET DATE FOR SPECIAL MEETING TO APPROVE CONTRACT
A draft copy of the proposed contract has been provided to the City Council members,
the Solid Waste Division Director for the County, and the Manager of the Mendo¢ino
Solid Waste Management Authority for review and comment. Staff has reviewed the
written comments of the latter two and included additional language to the contract
as deemed appropriate. Solid Waste has approved these changes and we are revising
the contract to incorporate these agreements. Council will receive this revised version
before the Council meeting.
Staff wishes to solicit comments from the City Council prior to finalizing the contract,
as Council may wish to direct Staff in other directions concerning certain provisions.
Staff wishes to submit to City Council a final draft which has the complete support
of the Council. We are also requesting that a special meeting be set to finalize and
approve the contract, so you will have time to review the revised draft.
RECOMMENDED ACTION: Discuss those contractual provisions which the Council
may wish to modify. Provide direction to Staff for the purpose of drafting a final
version of the proposed contract.
ALTERNATIVE COUNCIL POLICY OPTIONS: N/A
Appropriation Requested: N/A
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
Candace Horsley, City Manager
Rick H. Kennedy, Director of Public Works/City Engineer
Candace Horsley, City Manager
1. Revised draft contract.
APPROVED: ~)
R:,,L^~OF,',:kk^~.^¥,OR2.0~ Candace Horsley, Cily Manager
CONTRACT FOR TRANSFER STATION CONSTRUCTION AND
OPERATION AND SOLID WASTE TRANSPORTATION AND DISPOSAl,
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 be
defined as:
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; c~mmercial, .industrial, demolition and construction
wastesiiii~i!ii~.~~i~i[i.i.~~.~.~.~.........~.~; mixed wood waste; septage
A: \TRANe6 .WPD
March 31, 1998
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
A: \TRANS6 .WPD
March 31, 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.
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
stating that such cost is a competitive price, if there are
competitive prices, secured in an arm's length transaction for
A: \TRANS 6 .WPD
March 31, 1998 3
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 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
regulations, including the California Toxic Substances
A:\TRANS6.WPD
March 31, 1998 4
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 liability
of Contractor hereunder, including Transfer Station design,
permitting, construction, and testing, Transfer Station
operation, transportation of Acceptable Waste, Wood Waste, Yard
Waste and recyclables, disposal at a City approved landfill, and
securing and maintaining performances bonds, insurance and any
other performance assurances hereunder, including any conditions
of approval contained in any Permits issued to Contractor in
connection with the construction and operation of the Transfer
Station.
A:\TRANS6.WPD
March 31, 1998 5
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
the parcel of land at 3151 Taylor Drive, Ukiah, California,.
Mendocino Count Assessor ' s Parcel No 18 4 14 0 13~:~:~'''~:::~:''~:::~:~'::::~:''~::::~:
....................................................... Y. · - _ ~~~
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:
A:\TRANS6.WPD
March 31, 1998 6
(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;
A:\TRANS6.WPD
March 31, 1998
(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 ~2~, 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;
A:\TRANS6.WPD
March 31, 1998
(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
~.~....a......t...~....o......n.._.......m......a..y..._.....n.....o.._t _r..e...c...e~..v...e..u. nder this Contractiiii~~iiiiii~i~i~i~i~i~i~ili~
..' .:. '--.: :.'.-.:::: :.:...: :.:...:.:+:.:.-......-+. -.......- ...... %.:: :-:: :.:.: :.: :.:.:.:.:+:.:.. :.:-:.:.:.:.... ............ ......:::::::::::::: ::::::::::::::::::::::::::: ..... ~ ................... ... ........ ..............-:....:.:.: ..................... :::: :... L.. :.. h ....o.:.....:.......:....... · .. .......... -o....../..z.:.
· ncluding:
(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
A:\TRANS6.WPD
March 31, 1998
item (h) 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 of Division 20
of the State Health and Safety Code, and any waste that
contains 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;
A:\TRANS6.WPD
March 31, 1998
10
(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.
THE FOLLOWING TEXT WAS MOVED
1.29.
THE PRECEDING TEXT WAS MOVED
"Wood Waste" means unpainted lumber and boards separated from
mixed solid waste.
ii~!!ii!i~i~i~iiiiiiiii!i"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,
i~i~i~i~i~ii!!~i~i~i~iiii~i~~i~i.i.i.i~.~i.i.i.i.i, anti freez e, o i 1
filters; and (ii) Free Items: cans, glass7 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
A:\TRANS6.WPD
March 31, 1998
11
Specifications approved by the City Council of the City.
Contractor shall submit Plans and Specifications to the City
Council for review and approval. The City Council may
comment on the plans and specifications, and Contractor
shall use Reasonable Business Efforts to incorporate such
comments. The City Council shall approve or comment on the
Plans and Specifications within thirty (30) days of
Contractor's submission thereof. Any disputes with respect
to approval of the Plans and Specifications shall be
resolved by the Independent Engineer in accordance with
Section 11.03.
(b) Permitting and Construction. Contractor will
design, permit, construct, equip, start-up and test the
Transfer Station on the Site in accordance with Applicable
Law. If and to the extent that the construction of the
Transfer Station is required to be performed by a licensed
building contractor, Contractor may, at its option, either
obtain the appropriate license and perform such work or
retain a licensed contractor to perform such work. If
Contractor elects to 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
ii~i~ii~i, 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 DisDosal~
Recycling. Contractor will receive Acceptable Was%e 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. Contractor
shall transfer and transport Acceptable Waste to the Disposal
Facility by rail, unless the City gives notice to Contractor
directing Contractor to transport Acceptable Waste by truck, and
such notice is given to Contractor on or before February 1, 1999,
in order to allow Contractor sufficient time to order appropriate
equipment. If the City does not give such notice, then after
Contractor commences operation of the Transfer Station by rail in
compliance with its Performance Obligation, City shall have the
right as further provided herein to direct Contractor to
transport Acceptable Waste by truck rather than rail. City shall
provide Contractor with not less than one hundred eighty (180)
A: \TRANe6. WPD
March 31, 1998 12
days prior written notice to transport by truck rather than by
rail, unless the parties agree to a shorter notice period. When
truck transport commences, the Service Fee, payable pursuant to
Article 4 of this Contract, shall be based on a Transportation
Cost Component agreed upon by the parties, not to exceed the
amount shown in Exhibit A, subject to the CPI adjustment as
provided in Section 4,02. If Contractor sustains any losses
resulting from the disposition of rail equipment, the
Transportation Component of the Service Fee shall be increased by
an amount equal to the annual payment necessary to fully amortize
over the remaining term of this Contract the amount of such loss
plus interest at ten percent (10%) per annum, assuming that such
payments were made at the end of each year, divided by the
projected Solid Waste tonnage per year to be received at the
Transfer Station, redetermined annually. ~"~iiii~~i!!i!~i~
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.
Acceptable Waste from the Site as soon as possible, but not
more than forty-eight (48) hours from time of loading,
A: \TRANS 6. WPD
March 31, 1998
13
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.
Ensure that vehicles do not queue onto Taylor
(h) Comply with any operational standards contained in
any Permits, entitlements for use or approvals issued in
connection with the siting, construction or operation of the
Transfer Station.
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 Da~ a~d Christmas Day.
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;
A: \TRANS6 .WPD
March 31, 1998 14
(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. ~u~fJ~l~. 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. All personnel will
possess the required licenses, permit or training for the tasks
they perform. Contractor will use its best efforts to remove any
personnel who are incompetent, disorderly, intoxicated, or
abusive to the public. Contractor will assign, at a minimum, the
following full-time personnel at the Transfer Station:
(a) Equipment operator;
(b) Gate attendant;
(c) Spotter/Operator/Load Checker.
In addition, Contractor shall assign a Station Manager/Supervisor
with overall responsibility for management of the Transfer
Station who is authorized to accept notices from the City.. and to
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
A:\TRANS6.WPD
March 31, 1998
15
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
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 buye~ i~ id~nLifled th~t will p~ly
th= haiidlln~ co~t a~ld t~=n~oztatloii CoSt LO 9=t th= ~=cyulable
:::::::::::::::::::::::::::::::::::::::::::::
Lu LL=~::~. market~?~.~.~.~..~.~.~. Contractor may cease acceptin9
a recyclable item upon written agreement by the City that a
satisfactory recyclin9 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 ~rom sale o~ rec~cl~ble
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.
A:\TRANS6.WPD
March 31, 1998 16
2.14. Yard and Wood Waste Recycling. Contractor will
accept recyclable and compostable Yard Waste and Wood Waste from
customers at a designated area.
2.15. Reuse Facility. Contractor will provide a reuse area
where salvageable items such as doors, windows, furniture,
appliances, toys, and tools may be donated by the Self Haulers
and made available for give-away or sale to others by Contractor.
Contractor will maximize the recovery of reusable items, subject
to the constraints of customer demand and storage space. Any
reuse item for which Contractor sets a price for sale will
nevertheless be given away without charge if it is not sold
within ninety (90) days. Contractor will keep the reuse area in
a neat and orderly condition and provide bins, walls or
enclosures as necessary to contain reuse items. Contractor shall
provide clear written notice to customers that Contractor has the
sole ownership and responsibility for any reuse items sold or
given away at the refuse facility and that Contractor disclaims
any warranty for use or fitness of reuse items.
2.16. Unacceptable Waste Prohibited. Contractor shall not
knowingly accept Unacceptable Waste at the Transfer Station,
except for those recyclable household hazardous wastes accepted
in the drop-off recycling area. Contractor shall continuously
inspect customer vehicles and the tipping floor for presence of
Unacceptable Waste. Unacceptable Waste shall be refused and
returned to customer, unless the Unacceptable Waste is already
dumped on the tipping floor and the vehicle of origin is unknown.
Contractor shall accept title to any Unacceptable Waste received
at the Transfer Station and 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 Transfer Station. Ownership
shall have no implication with respect to revenue sharing
agreements, if any, or Disposal Facility designation provisions,
which shall be governed by specific provisions herein.
2.19. Subcontractors.
A:\TRANS6.WPD
March 31, 1998
17
!iiiii~i~iiiiiiii ~i~i~i~iiiiwill transport, or cause to be
transported, all Acceptable Waste to the Disposal Facility.
Contractor acknowledges that transportation is a critical
portion of the Performance Obligations hereunder.
Contractor may subcontract for such transportation subject
to approval by the City of subcontractor and/or terms of the
subcontract, which shall not be unreasonably withheld, but
Contractor shall remain liable to the City for its
Performance Obligations with respect to transportation
hereunder. Any subcontract for transportation shall be
assignable to the City in event of termination of this
Contract or use of the Transfer Station and equipment under
Section 9.04. The City shall be named a third-party
beneficiary of Contractor's rights under any such
subcontract. Such subcontract shall require the
subcontractor to provide the City with notice of any breach
or default by Contractor thereunder or the termination
thereof.
(~) Contractor will dispose of all Acceptable Waste
at the Disposal Facility and shall secure rights as
necessary and sufficient to provide for disposal of such
Acceptable Waste for the term thereof. If a Disposal
Facility is unable to perform its obligations under any
agreement with Contractor and the City has elected option
(1) under Section 4.01(c), the City agrees to cooperate with
Contractor in arranging for an alternate Disposal Facility
and in making any changes to the Disposal Cost Component of
the 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.
(~) 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.
(~) 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.
(~) 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. ~/itle. During the term of this Contract, title to
the Site shall be and remain the property of Owner and title to
A: \TRANS6 .WPD
March 31, 1998 18
all improvements on the Site shall be and remain the property of
Contractor, and their successors and assigns.
2.21. ~. 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
~i~i~i~ i~!~i~iiiii~iiiiiiBuildin~P=~ml tiiii~i~i~i~ 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) ~ay of
~iiiiiii~i~i~i~i~i~i~!~iiiiiii~i~i~i~ii~ii[iiiiiiiiiiiii[The C i t y' s de s i gnat ed rep re s e~t a~'~ ........
shall be allowed access to the Site at all times when the
Transfer Station is open, and shall be allowed to inspect any and
all records upon request to verify the record-keeping procedures
of Contractor. The City's designated representative shall be
allowed access to the Site during non-operating hours upon
notification of Contractor's designated representative.
Contractor shall keep records of Hazardous Waste disposal as
required by Applicable Law.
2.23. Applicable L~w. 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
A: \TRANS6. WPD
March 31, 1998 19
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
i~~~i~i!!i~ii~ii~i~!ii?~ili~i~!~!~i~iiiof the jurisdiction of origin of al~ ~ild
wc~t~~~i~.~,..i.~:..~i~ 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
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. 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 w~t= ~h~d~i~~::.i.[::.~i~~, but shall be
subject to adjustment as follows:
A: \TRANS6 .WPD
March 31, 1998
20
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.
(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
A:\TRANS6.WPD
March 31, 1998
21
decreased at the sole discretion of the City. Any. other
that a surcharge, including, the MSWMA surcharge, shall be
collected and paid ~i~i~i~i~i!iiiiilby Contractor on any
Soii~~!~i~!~ Was'~'~""~'~'~'nating 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,.
(a) 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 seventy-five
percent (75%) 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. Commencing on
July 1, 2005, and every four years thereafter, the City
shall review the cost components of the Service Fee subject
to a CPI adjustment hereunder to determine whether those
components of the Service Fee should be increased or
decreased to fairly compensate Contractor for the cost of
operating the Transfer Station. Said review shall be
conducted at a noticed public hearing as provided in Ukiah
City Code sections 3950-3957 and shall consider an audit or
audits furnished by Contractor pursuant to subsection (b) of
this Section 4.02. "Fairly compensate" shall mean that
gross revenues of Contractor and any related company from
the components of the Service Fee subject to CPI adjustment
hereunder exceed by ten percent (10%) the reasonable
expenses of providing those components of the service for
which the fee is charged, said expenses to be determined in
accordance with generally accepted accounting principles.
Unless the City finds that Contractor, including related
companies, is receiving significantly more or less than fair
compensation, the Service Fee shall be adjusted using the
CPI adjustment provided herein. Fo~ ~u~o~s of c~luul~LiL~9
t h ~ C P i ii~ii~iiiiiili~ a d ' u s t m e n t iiiiiiiii~!~i~i¢iiiii~i~i~i~iiiiiiii~iiiiii i:. ili !"'":ii!i~?~%:~i:::i:::?i":?::~?:::~ ":: ~ ~ :~:::::~:::::::~::::::~::::.'.~:::::~:~
.................................................. ~ ............... ~,.:.:.:.:~ ................................. ,,, :: ~ ................... ~ ......................... , ~.....::::::::~::~:::::,:::~:~:~~:~,~,~,~:~:~: ::
· ' ....... - :......:-, ....:...v...-.....v..........:......:<...........v.......,........:.:.:.:...................
A:\TRANS6.WPD
March 31, 1998
22
Di~o~l~i~!~i~!~i~....C...9..s...t......C...0....mp.9..n. ent shall not include ~,y. su~l'~
fee s o r t axe siiii~i~i:::'i~.ii.i.ii~i~iiiiii!::~:::i~i~~i~.ii.i.i~ !::~:::~i~~-:::"ii::::i~ii.::.::~i::::.~:'::.'::::.:.:~::i!::~i~:~-
....................................................................... ...................................... ...................................... ....................... ..................
(b) Contractor shall maintain full and accurate books
of account for its operations under this Contract in
accordance with generally accepted accounting principles,
consistently applied, at its offices located at 3151 Taylor
Drive, Ukiah, California. The City and its officers, agents
or employees shall have the right to inspect and examine all
such books and supporting records during normal business
hour~. Co~trac~or shall provide the City with
records pertaining to all the operations covered by this
Contract, covering the period January 1 to December 31
immediately preceding the date on which Contractor is
required to provide Said audit to the City. The audits
shall be due every four (4) years, commencin9 March 15,
2005. The audit shall be prepared by an independent
Certified Public Accountant satisfactory to Contractor and
the City, and shall be paid for by Contractor. The auditor
shall prepare a report with opinions showing the income,
expe~ses~ liabilities, and
i~i~.~.~i~i.i.i.i.~i~.~.~i~.~, of the operations covered by this
Contract in accordance with generally accepted accounting
principles. Each audit shall be submitted to the City
Manager or other person designated by him or her. If
related companies furnish goods or services which are
included as expenses of the operation, Contractor shall
provide an audit satisfying the requirements of this
subsection (b) for the related company that discloses the
income and expenses of the related company in furnishing
such goods and services. "Related Company" means a company
in which a person or entity with ten percent (10%) or
greater ownership or equity interest in Contractor has an
ownership or equity interest of ten percent (10%) or more.
A: \TRANS6 .WPD
March 31, 199S 23
4.03. Additional Adjustment of Disposal_ Cost Component.!i!ili!iIf
during the term of this Contract, Contractor's costs for the
disposal of Acceptable ~aste decreases because of ~ chanqe of the
D i spo s a 1 F a c i 1 it y i~i~i.i.i.i.~.~i~.i.i.i.i~!~.i.i.i.i~.~.~......~.~..~ ........... i..~..i ............ ~.~........~.~...~...~..~....i..~.i.,,
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.
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
A:\TRANS6.WPD
March 31, 1998 24
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 Payment.
(a) Notwithstanding any provision to the contrary in
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"), Contractor shall
bill its waste collection customers within the City of Ukiah
directly for collection services on and after the date that
the Transfer Station commences operations in compliance with
Contractor's Performance Obligations. After it begins
direct billing for such waste collections services,
Contractor shall continue to pay the City a total franchise
fee of eighteen percent (18%) of the Contractor's gross
revenue under the Franchise Agreement.
(b) Contractor shall account to the City on a monthly
basis for its gross revenues under the Franchise Agreement
by furnishing the City with the amount of its monthly
billing and the amount collected itemized by category of
service, and any additional documents or information
reasonably requested by the City, including, but not limited
to, bank records of deposits and information that
Contractor's computerized accounting program is capable of
generating. Contractor shall maintain full and accurate
books of account in accordance with generally accepted
accounting principles which shall be maintained at the
Transfer Station site or at Contractor's offices in Ukiah
and made available to the City and its officers, agents and
employees for inspection during regular business hours.
(c) Contractor shall pay the franchise fee to the City
by no later than the twentieth (20th) day of each month
based on the revenues received during the preceding month.
Payments not received by the City by the twentieth (20th) of
the month shall incur interest charges at one and one-half
percent (1.5%) per month or the maximum interest rate
allowed by law, if less than one and one-half percent
(1.5%).
4.06. Construction Costs. Cu~tzautoz will k=ep ~ s=pazat=
z~u~zd of all Cun~t..r_u~tlu~.', Cu~t~.
A: \TRANS6 .WPD
March 31, 1998 25
i~i~~i~iii~i~.~.i. 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 $11.73 (per ton) and, (b) is an amount
per ton equal to (i) divided by (ii), where (i) is the annual
payment necessary to fully amortize
twenty (20) years the Construction Costs plus interest on the
unpaid balance at t~n p~c~L (i0%) pe~ ~,um, ~sumi~,~ LL~L ~uch
p~uj~ut=d Solid W=~L= tuin'l=we pez y=az LO be ~eu=iv=d =t the
Tz=~f~z SL~Liun, z=d~Lezmi~l=d =ln'"lu~lly; ~zovlded, l'luw~v=z, Lh~L
if LuLl1 Cun~LzuuLiun Co~Ls =~u=ed $2,016,885, th=n LL~ ~moul'lL by
whluh Ch= Lut~l Cun~LzuuLiun Co~L~ =~u~d $2,016,885 ~h=il
=muzLiz~d a~ sL=t=d i~ ulau~= (b) ~bov= a~d =dd=d Lo Lh=~
rate
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
A: \TRANS 6 .WPD
March 31, 1998 26
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 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 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
A:\TRANS6.WPD
March 31, 1998 27
executed twenty (20)-year agreements with Contractor which
obligate the agencies to direct their waste stream to the
Transfer Station, the ten percent (10%) additional charge to the
Recycling Fee shall not be charged during the term of such
contracts.
4.12. Change Orders.
(a) The City may direct a Change Order to the final
Plans and Specifications, both before and after the
completion of construction of the Transfer Station. The
total of Construction Costs shall be adjusted to reflect any
such Change Order, and the required completion date may be
extended if required to carry out the Change Order.
(b) The City may direct a Change Order in the scope of
Performance Obligations, including Transfer Station
operations, transport services or locations and/or disposal
services, at any time. The Operating and Disposal Component
of the Service Fee shall be adjusted if necessary to offset
any increased ~iiiiiiii~i~~iiiilcosts 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 diliqence 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
A:\TRANS6.WPD
~rch a~, ~998 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 Bond. Contractor shall
provide and continue in force an irrevocable letter of credit
with the City designated as sole payee, or a cash deposit, or a
performance bond issued by a corporate surety company authorized
to issue 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.
A:\TRANS6.WPD
March 31, 1998 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 without the prior written consent of the City. The
City shall not withhold its consent, except for cause. "Cause,"
A:\TRANS6.WPD
March 31, 1998 30
as used herein, means any reason which in the exercise of the
City's good faith judgment would adversely affect the
transferee's ability to fully and adequately comply with its
Performance Obligations to the City's reasonable satisfaction and
work well with the City and City staff and satisfactorily serve
the customers of the Transfer Station. In exercising its good
faith judgment, the City shall consider the transferee's
financial means, experience, capabilities, history of
governmental relations, business reputation, and other
characteristics, which the City, in its judgment, considers
relevant to a determination of cause.
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.
A:\TRANS6.WPD
March 31, 1998 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 foregoing or
any other remedy provided under this Contract; or
A:\TRANS6.WPD
March 31, 1998 32
(iv) foreclose on the performance bond required
I! p · I!
by Section 7.01, erformance 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) Notice. To initiate default proceedings under
this Section, the City shall give written notice to
Contractor and its Surety describing the nature of the
A:\TRANS6.WPD
March 31, 1998
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 Circumstances. A delay or
interruption in the performance of all or any part of the
Contract resulting from Uncontrollable Circumstances shall
not be deemed a default under this Section, except that, if
an Uncontrollable Circumstance occurs and prevents the City
or Contractor from performing the Contract for a period in
excess of ninety (90) days, then each Contractor and the
City shall have the right, in its sole discretion, to
terminate this Contract.
9.04. The City's Use of Contractor 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
A: \TRANS6 .WPD
March 31, 1998 34
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 1
"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.
A:\TRANS6.WPD
March 31, 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 damage. If Commercial General
Liability Insurance or other form with a general
aggregate limit is used, either the general aggregate
limit shall apply separately to this project/location
or the general aggregate limit shall be twice the
required occurrence limit.
(ii) Automobile Liability: $1,000,000 combined
single limit per accident for bodily injury and
property damage.
(iii) Workers' Compensation and Employer's
Liability: Workers' compensation limits as required by
the Labor Code of the 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
Coveraaes.
--
(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
A:\TRANS6.WPD
March 31, 1998
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 Employer's
Liability Coverage. The insurer shall agree to waive
all rights of subrogation against the City, its
officers, officials, employees and volunteers for
losses arising from work performed by Contractor for
the City.
(iii) Ail Coverages. Each insurance policy
required by this Section shall be endorsed to state
that coverage shall not be suspended, voided, canceled
by either party, reduced in coverage or in limits
except after thirty (30) days prior written notice by
certified mail, return receipt requested, has been
given to the City.
(e) Acceptability of Insurers. Insurance is to be
placed with insurers with a Best's rating of no less than
A:VII.
(f) Verification of Coverage. Contractor shall
furnish the City with certificates of insurance and with
original endorsements affecting coverage required by this
Section. The certificates and endorsements for each
insurance policy are to be signed by a person authorized by
that insurer to bind coverage on its behalf. The
certificates and endorsements are to be on forms provided by
the City. Where by statute, the City's workers'
compensation-related forms cannot be used, equivalent forms
A:\TRANS6.WPD
March 31, 1998
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
A:\TRANS6.WPD
March 31, 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.
A:\TRANS6.WPD
March 31, 1998 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 prior to the end of
the extended second ten (10) year term of this Contract, the City
shall have the obligation to purchase from Contractor, and
Contractor shall have the obligation to sell to the City, (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").
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.
If this Contract terminates because of the expiration
of the extended second ten (10) year term of this Contract, then
upon such termination the City shall have the option to purchase
the improvements and the equipment for the same price and on the
same terms set forth in this Section 12.01. 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.
12.02. Purchase or Lease of Site. If the City is obligated
to purchase the improvements and the equipment, or if the City
has the option to purchase the improvements and equipment on
termination of the extended term and it effectively exercises
A: \TRANS6. WPD
March 31, 1998 40
that option, then simultaneously with its purchase of the
improvements and equipment from Contractor, the City shall also
have the obligation to purchase the Site from Owner, and Owner
shall have the obligation to sell the Site to the City. The
purchase price that the City shall pay Owner for the Site shall
be a sum equal to the lesser of (i) $487,000 increased by the
percentage increase in the CPI between the date of this Contract
and the date of termination, or (ii) the then actual fair market
value of the Site; provided, however, that in no event shall the
minimum purchase price be less than $487,000. The purchase and
sale of the Site shall be on a then "as-is" basis, and otherwise
on commercially reasonable ~erms ~hen applicable to,the purchase
and sa~e of real .p..rop. erty~i~!!i~iii~i~!~~ ~i~i~ii~i~iii~i~ ~i~ili~i~ ~~
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 ~i~i~iiiith'e cost of the third appraiser.
ARTICLE 13. GENERAL PROVISIONS
13.01. Governing L~w. This Contract is made in and shall
be construed under the laws of the State of California, and any
actions filed hereunder shall be filed in the County of
Mendocino, State of California.
13.02. Severability. If any Contract provision is held
void, invalid, or unenforceable under any applicable law, the
remaining provisions of the Contract shall remain in effect and
bind the parties; however, the parties shall negotiate in good
faith to amend the Contract to effectuate the intent of any void,
invalid, or unenforceable provision, if permissible under
applicable law.
A:\TRANS6.WPD
March 31, 1998 41
13.03. Time of the Essence; No Waiver. Time is of the
essence in this Contract. The City's or Contractor's failure to
object to a breach of any Contract provision is not and shall not
be construed as a waiver of that provision. The payment or
acceptance of compensation to any breach is not and shall not be
deemed an acceptance of that breach. Any waiver must be in
writing.
13.04. Construction of Terms. Unless otherwise specified
in the Contract, words describing material or work that have a
well known technical or trade meaning shall be construed in
accordance with the well known meaning generally recognized by
solid waste professionals, engineers and trades.
13.05. Personal Liability. This Contract is not intended
to create or result in any personal liability for any public
official or the City employee or agent, nor shall the Contract be
construed to create that liability.
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. ~IP_~. 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
A: \TRANS6 .WPD
March 31, 1998 42
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:
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. Integration. This Contract and the Franchise
Agreement contain the entire agreement between the Parties with
respect to the transactions contemplated hereby. This Contract
shall completely and fully supersede all prior understandings and
agreements between the Parties with respect to such transactions,
including those contained in the "Offer for Construction and
Operation and Solid Waste Transportation and Disposal" previously
signed by Contractor and approved by the City Council of the
City.
13.12. Execution in Counterparts. This Contract may be
executed in any number of original counterparts. 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
A:\TRANS6.WPD
March 31, 1998 43
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.
ARTICLE 15. CONDITION TO CONTRACT
Nut~ithsta~di~9 a,~ytl~i~9 t tt~= uo~t~=~y uu~t=i~ed h=~i~i~
:~:::::~::-::~: :~:::: ::::: :~:~:~:::~:~::::::::: ::- ::: .':::: ::~:::::::::::::: ::::.-.:.:::::: :::::.::::::::::: :..::::: :.:: ~ ~ ~ ........
~ .~Z~.~.~.[~~.~.::.::.~.~.~.~., th~ ~ont~aut ~h~ll uot b=cum= =ff=cLive
uill~s~ Lli~ City ~iid CuiiLi~cLoi ~imulL~li~uu~ly ~i~t~i iiltu
the ranchise greement
extending the date f~'~'-'~'~'~'"'~'~'~'~'~{'ion of the Franchise A~reement
to the date on which the term of this Contract terminates~
Oi ~=iv~d br COiiLi~uLui, Lhi~ CoilLi~uL ~iiall li~ve i'iu fuiLti~z
fozu~ oz ~ffeuL a~,d........n~iLh~z PazLr ~t'i=ll have
::::::::
IN WITNESS WHEREOF, this Contract was executed by the
parties as of the date first written in above.
Date: , 199
ATTEST:
By:
Date:
"City"
THE CITY OF UKIAH, a municipal
corporation
By:
Its:
, 199
Date: , 199
"Contractor"
A:\TRANS6.WPD
March 31, 1998 44
Date:
, 199
SOLID WASTE SYSTEMS, INC.,
a California corporation
By:
James Ratto, President
"Owner"
NORTH BAY CORPORATION,
a California corporation
By:
A:\TRANS6.WPD
March 31, 1998 45
FROM ' John Warren CPA PHONE NO. ' 7075793414 Mar. 31 1998 02:25PM P02
SOLID WASTE SYSTEMS, INC.
TAYLOR AVE. TRANSFER STATION
EXHIBIT A
SCENARIO I
TONS
OPERATIONS
TRANSPORT
DISPOSAL
CONSTRUCTION
SCENARIO 2
TRUCK
HAUL *
15,030
$?.60
$il. S4
$19.0o
$8.59
$46,73
RAIL
HAUL
15,030
$7.60
$19.52
$21.oo
$11.73
mmmmm~mmmm
~mm~mmm
TONS
OPERATIONS
TRANSPORT
DISPOSAL
CONSTRUCTION
SCENARIO 3
27,090
$7.60
$11.54
$i9.oo
$7.81
$45.95
TONS
OPERATIONS
TRANSPORT
DISPOSAL
CONSTRUCTION
SCENARIO 4
39,595
$7.60
$11.54
$19.00
$5.34
~mmmmm~
$43.48
TRUCK
HAUL *
TONS
OPERATIONS
TRANSPORT
DISPOSAL
CONSTRUCTION
49,702
$7.60
$11,54
$19.00
84.25
$42.39
* TRUCK HAUL OPTION INCLUDES RAIL SPUR
27,090
88.44
$17.2o
$21.00
$9.0i
m m $ ~, ~mm, m m m m ~mm
$55.65
39,595
$8.44
$16.48
$2~.00
$6.16
$52.08
RAIL
HAUL
49,702
$8.44
$15.82
$21.00
$5o.17
FROM : John Warren CPA PHONE NO. : 7075793414 Mar. 31 1998 02:28PM P07
SOLID WASTE SYSTEMS, INC.
TAYLOR AVE. TRANSFER STATION OFFER
ANALYSIS OF FIRST YEAR RATES - TRUCK HAUL VS.RAIL HAUL
PER TON
TRUCK HAUL WITH RAIL SPUR
REVISED
SWS SWS
TRUCK RAIL
HAUL HAUL
DIFFERENCE
CITY OF UKIAH ONLY
$46.73 $59.8.5 $13.12
WITH UKIAH VALLEY
$45.95 $55.65
$9.70
AREA EXCEPT FORT BRAGG AND WILLITS
$43.48 $52.08
$8.60
ENTIRE COUNTY
$42.39 $50.17
$7.77
FROM'' JoHn Wapren CPA PHONE NO, ' ?0?5?93414 Map. 31 1998 02:27PM P05
SOLID WASTE SYSTEMS, INC.
TAYLOR AVE. TRANSFER STATION OFFER
ANALYSIS OF FIRST YEAR RATES - RAIL HAUL
PER TON
ESTIMATED INVESTMENT:
CONSTRUCTION COSTS
OFFSITE IMPROVEMENTS
ARCHITECTURAL AND ENGINEERING
TOTAL CONSTRUCTION COSTS
CITY OF UKIAH ONLY
TRANSPORT
DISPOSAL
CONSTRUCTION
WITH UKIAH VALLEY
WASTE
SOLUTIONS
ORIGINAL PRICING
PROPOSAL ADJUSTMENT
$16.79
$21.00
~mm~e~mm~m
$57.12
$2.73'
$1,606,885
$350,000
$150,000
$2,106,885
REVISED
RAIL
ITTI
$?.~o
TONS
OPERATIONS
TRANSPORT
DISPOSAL
CONSTRUCTION
AREA EXCEPT FORT BRAGG
AND WILLITS
TONS
OPERATIONS
~P0SAL
CONSTRUCTION
$8.44
$17.2o
$21.oo
$9.o~
$55.65
~21.00
$6.i~
$52.08
27,090
$8.44
$~7.2o
$2i.0o
$9.0i
$55.~5
39,595
$21.00
$6.16
$52.08
FROM ' John Warren CPA PHONE NO. : 7075793414 Mar. 3i 1998 02:27PM P06
SOLID WASTE SYSTEMS, INC.
TAYLOR AVE. TRANSFER STATION OFFER
ANALYSIS OF FIRST YEAR RATES - RAIL HAUL
PER TON
ENTIRE COUNTY
TONS
OPERATIONS
TRANSPORT
DISPOSAL
CONSTRUCTION
WASTE
SOLUTIONS
ORIGINAL PRICING
PROPOSAL ADJUSTMENT
$8.44
$15,82
$2i.00
$5o.17
REVISED
RAIL
HAUL
49,702
$8.44
$25.82
$2z.oo
mg~mmmgNmmm~
FROM ' Jo~n Warren CPA PHONE NO. : 707579~414 Mar. ~1 1998 O~:~6PM POJ
SOLID WASTE SYSTEMS, INC.
TAYLOR AVE. TRANSFER STATION OFFER
ANALYSIS OF FIRST FIVE YEARS RATES - TRUCK HAUL VS.RAIL HAUL
PER TON
ASSUMED INFLATION RATE
PERCENTAGE OF CPI 50%
(EXCLUDES CONSTRUCTION COMPONENT)
UKIAH ONLY
YEAR 1
YEAR 2
YEAR 3
YEAR 4
YEAR 5
TOTAL OVER 5 YEARS
SWS
TRUCK
HAUL
$46.73
$47.30
$47.88
$48.47
$49.07
75%
REVISED
RAIL
HAUL
$59.85
$60.93
$62.04
$63.z7
$64.33
DIFF
$13.12
$3.3.63
$14.16
$14.70
$15.26
3.00%
ANNUAL
COST
RAIL VS.
TRUCK
$197,176
204,786
212,752
220,868
229,285
$1,064,867
--""----==--m-
WITH UKiAH VALLEY
YEAR 1
YEAR 2
YEAR 3
YEAR 4
YEAR 5
TOTAL OVER 5 YEARS
COUNTY EXCEPT FORT BRAGG
AND WILLITS
YEAR 1
YEAR 2
YEAR 3
YEAR 4
TOTAL OVER 5 YEARS
SWS
TRUCK
HAUL
$45.95
$46.52
$47.10
$47.69
$45.29
SWS
TRUCK
HAUL
REVISED
SWS
RAIL
HAUL
$55.65
$56.70
$$7.77
$58.e7
$59.99
REVISED
SWS
RAIL
HAUL
DIFF
$9.70
$10.18
$10.67
$iz.3.8
$11.7o
DIFF
$43.48 $52.08 $8.60
$44,05 $53.11 $9.06
$44,63 $54.17 $9.54
$45.22 $55.25 $10.03
$45.82 $56.35 $1o.53
ANNUAL
COST
RAIL VS.
TRUCK
$262,818
275,821
289,095
302,911
316~998
$1,447,643
ANNUAL
COST
RAIL VS.
TRUCK
$340e558
358,772
377,777
397,179
416,976
mmemm~Wmmeem
BLT ENTERPRISES
1717 I Street · Sacramento, California , 95814
VIA FACSIMILE & US MAIL (70'0 468-3877:
April 1, 1998
Mr. Michael E. Sweeney
General Manager
Mendocino Solid Waste Management Authority
P.O. Box 123
Ukiah, CA 95482
RE: BLT Transfer, Transport and Disposal Proposal
Dear Mike:
BLT Enterprises (BLT) is pleased to provide the Mendocino Solid Waste Management
Authority (MSWMA) with an additional disposal option as an attachment to our original
response to the MSWMA Request for Proposals (RFP). BLT will honor the attached rate
schedule under the same terms and conditions of our original proposal of November 1,
1997.
In our efforts to provide MSWMA with the most economically viable and
environmentally sound disposal option available, BLT is providing MSWMA with
another disposal site for your consideration. The Potrero Hills Landfill located near
Fairfield, California has offered its disposal services and long-term pricing to MSWMA
and BLT. It is our understanding that the Potrero Hills Landfill was previously
acceptable to the Authority in the first procurement process. Therefore, we fully
anticipate that the landfill will meet the all of the necessary qualifications for your
approval.
Again it is BLT's belief that the members of the Authority will jointly benefit from the
proposed facility at North State Street. Please remember that the proposed terms and
conditions of the BLT proposal and contract does not require any collection franchise
extensions from the member jurisdictions.
I hope this information is helpful. If you have any questions or comments please call me
at (916) 492-0200.
Sincerely,
Shawn Guttersen
BLT Enterprises
TRUCK TRANSPORTATION OPTION- to Potrero Hills Landfill
Case' one: All solid waste from service area directed to transfer station by waste
flow covenants.
C A S E O N E 10 Year Contract Term 20 Year Contract Term
Transfer Station Operation $11.18 $10.88
Transportation $11.75 $11;75
Landfill Disposal $19.00 $19.00
Construction $7.75 $6.07
Total Tipping Fee $49.68 $46.38
Case Two: All solid waste from service area directed to transfer station by
wasteflow covenants, EXCEPT wastestream of City of Fort Bragg
C A S E T W O 10 Year Contract Term 20 Year Contract Term
Transfer Station Operation $12.74 $12.44
Transportation $11.75 $11.75
Landfill Disposal $19.00 $19.00
Construction $9.07 $6.07
Total Tipping Fee $52.56 $49.26
Case Three: All solid waste from service area directed to transfer station by
wasteflow covenants, EXCEPT wastestream of City of Willits
and Ft. Bragg.
C A S E T H R E E 10 Year Contract Term 20 Year Contract Term
Transfer Station Operation $12.74 $12.44
Transportation $11.75 $11.75
Landfill Disposal $19.00 $19.00
Construction $9.07 $6.07
Total Tipping Fee $52.56 $49.26
ITEM NO. 10a
DATE: APril 1, 1998
--
AGENDA SUMMARY REPORT
SUBJECT: CONSIDERATION AND ADOPTION OF RESOLUTION APPROVING
MEMO~UMS OF UNDERSTANDING FOR EMPLOYEE BARGAINING
UNITS - ELECTRIC AND FIRE UNITS
The City Manager has met with representatives of the Electric and
Fire Units to discuss negotiation items for the 1997-98 fiscal
year. The negotiations have resulted in tentative agreements as
previously discussed in closed session which have been ratified by
the Units.
The proposed Memorandums of Understanding (MOUs) are being
submitted for Council's review and consideration. If the City
Council approves the agreements, we recommend adoption of the
attached resolution.
RECOMMENDED ACTION-
Consideration of MOUs and adoption of resolution approving
Memorandums of Understanding for Electric and Fire Units.
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. Do not adopt resolution.
2. Refer to Staff for amendments.
Appropriation Requested: N/A
Citizen Advised: N/A
Requested by: N/A ·
Prepared by- Kari Revheim, Personnel Officer~
Coordinated with- Candace Horsley, City Manager
Attachments: Resolution for Adoption.
APPROVED-
3: MOU\ASRMOU
Candace Horsley, City Manager
1
5
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH
ADOPTING THE MEMORANDUMS OF UNDERSTANDING BETWEEN THE
CITY OF UKIAH AND THE ELECTRIC AND FIRE UNITS
WHEREAS, the Employee/Employer Relations Officer has met and
6 conferred in good faith with representatives of the Electric and
7 Fire Units; and
8 WHEREAS, a Memorandum of Understanding has been approved by
9 both the Electric and Fire Units; and
10 WHEREAS, said Memorandums of Understanding have been presented
1] to the City Council for its consideration.
12 NOW, THEREFORE, BE IT RESOLVED that the Memorandums of
13 Understanding for the Electric and Fire Units are hereby adopted
14 and the Employee/Employer Relations Officer is authorized to enter
15 into this Agreement for the Fiscal Year 1997-98.
16 PASSED AND ADOPTED this 1st day of April, 1998, by the
following roll call vote:
AYES:
NOES:
ABSENT:
ATTEST:
Colleen B. Henderson, City Clerk
Sheridan Malone, Mayor