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HomeMy WebLinkAbout1997-10-15 PacketITEM NO. 3a DATE: October 15, 1997 AGENDA SUMMARY REPORT SUBJECT: INTRODUCTION OF NEW EMPLOYEE - JOSIE CASTANON Josie Castanon was recently hired as the new Typist Clerk/Receptionist, filling the position Andrea Bray vacated when she took a position at Mendocino College. Josie first joined the City in February 1996 as a part-time Service Support Clerk. During that time she was able to learn many of the Receptionist duties when she substituted for the Receptionist. This has proven to be very valuable to the City as we were able to fill the position with a minimum of training, and Josie was familiar with the location and responsibilities of each department and its staff. She has efficiently taken to the position and is eager to expand her role in the Secretarial Pool. A bonus for the City and community is Josie's ability to read, write, and speak Spanish, which has proven to be very useful. Josie worked for Blue Shield for four years before coming to work for the City. There she became proficient in a variety of duties that required a great deal of detail work. This lends itself nicely to her current position as she provides important support to many of the departments in the Administrative Wing of City Hall. She is the first person the crews hear on the radio, and she handles all calls in a calm, efficient manner. Besides her job here at the City, Josie is busy developing a new vineyard with her husband, Jose, who also works for the City as the Landfill Supervisor. They have three children, Torry (age 15), Deven (age 7), and Bria (13 months). Torry and Deven are both active in sports and Josie may be found at one of their many games, and they are all delighted to watch little Bria learning and discovering things for the first time. Josie is a very special addition to the Secretarial Pool. We are pleased to be able to introduce her and we all look forward to enjoying a long and productive working relationship with her. RECOMMENDED ACTION: Council help us welcome Josie Castanon. ALTERNATIVE COUNCIL ACTION: N/A Acct. No. (if NOT budgeted): N/A Acct. No.: Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Prepared by: Karen Yoast, Executive Assistant Coordinated with: Candace Horsley, City Manager Attachments: None. APPROVED:..~: Candace Horsley, City M{nager 4/Sec:ASRJosie MINUTES OF THE UKIAH CITY COUNCIL Reguler Meeting. October 1, 1997 A reguler meeting of the Ukieh City Council, the agenda for which was legelly noticed end posted, convened ~ 6:30 p.m. in the Ukish Civic Center Council Chambers, 300 ,Seminary Avenue, Ukiah, C.41iforni~. Roll was t~ken ~ the following Councilmembers were pre~ent: Chavez, Kelly, Mastin, and Mayor Malone. Councilmember Ashiku an'ivecl ~t 6:32 p.m. II~ff pre~nt: Public Utilities Supervisor Bomcky, Community Services Director DeKnoblough, Finance Director Eaton, Police · ergeent Dewey, Aasisf~nt ~ M~nager H~n~s, City M~nager Homley, Public Works Director Kennedy, A~sociate Plen,~r Lohae, Public Works Supervisor Looney, City Attorney Rapport, Plenning Director ,%~vyer, Public Works Deputy Director Seanor, ~enior Plenner Stump, Police Operations Cept~in Williams, and City Clerk Henderson. Mayor Malone ennounced en additionel item to be f~ken under consideration during Closed Session, the matter of the ule of ~ No~ Fire ~on. ~ m~fler ~mse ~fler ~e dose of the Neooti~tor. G.C. ~ion ~e~6,~, to ~e ~gend~ ~med ~:~:the foli~:~l"~ll vote: AYES: Mayor Malo~ ~sented ~ ~l~on ~:~:~:~s ~stic ~olen~ A~mness Month to Mi~elle PlUemon of P~:~on ~anked the ~uncil . MIS MastirdAshiku to submitted, by the Mestin, .... 5. Mayor Malone Meeting of September 17, 1997, as Councilmembers Chevez, Ashiku, Kelly, None. ABSENT: None. M/S to Corm~nt Calendar as follows: ~5, Amending Division 6, Chapter 2 of the Ukiah City .Code Regarding ~ergency 000 ft. of 4/0 AWG 15KV cable to Hlndrix in cam of C. Stephens & amount of $18,672.23; for liquid polymer blend to NTU Technologies, in the amount of $42,112; d. notification regarding the award of bid to instill fencing It the Corporation Yard end Water Treatment Plant; e. Approved Notice of Completion for construction of ltmit ~triping 1997, ~oec. 97-11; f. Approved budget amendment for Fund 341, Surface Transportation Program Funds; g. Approved budget amendment for Fund 270, Signalization Fund, and received report of the expenditure of funds, in compliance with ,Section 1522 of the Ukiah Municipal Code; h. Received notification regarding the award of bid for 5,000 ft. of 750 MCM aluminum, single conductor cable to Consolidated Electrical Distributors, in the amount of $7,507.50; i. Approved budget amendment to Community Development Commission Fund 335 for Low end Moderate Income Housing Loan to Rural Communities Housing Development Corporation; j. Authoriz~ ~ City Manager to execute a quitclaim deed related to I former portion of In alley south of Clara Avenue; Regular Meeting. October 1, lEG7 Page I IL Received report of the acquisition of ~ervicas from Fen'anti Conatmction to construct work on an emergency basis; lad I. Received final report of emergency work performed pursuant to Section 1530 of the Ukiah Municipal Code and authorized edditiorml funds. The motion was carried by the foaowing roi call vote: AYES: CouncilOrs Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 7. AUDIENCE COMMENTS ON NON~-~.GENDA ITEM~ No one came forward to address the Council. As it was not yet 7 p.m., the time scheduled for the Public Hearings, I~m ~a was considered next. g. UNFINISHI=n BUSINESR k. AODrOVII Of Kmart "Air Quality Senior Planner ~cump noted $36,250 wis =on~Jbuted by Kmart for which was meant to be used within the City of Uldah to pursue quelity levels. 8taft has worked with the Mendocino number of interested groups and citizens to Consensus was reached to use some of the funds to, Maste the remainder to be used as grant matching funds to would cost approximately $15,000. Chris Fetzer, 341 Jones Street, spoke in favor of ~ Valerle Law also voiced her support of the use of the Walt Alien, Mendocino Air Quality Master Plan. ~~set Fund" appropriate air District and a be utilize:.~ Plan:~th development of a EHc Lamen addressed the need for, as a good beginning to refon~ing the MIS Maatin/Kelly to approve Bicycle/Pedestrian Plan, and following roll vote: AYEI NOES: "Air He views the Master Plan Offset Fund" for both a Master implement the Plan, carded by the Kelly, Mastin, and Mayor Malone. City Manager hes been g~ Comm. Services of F applied. Only in children's an herbicide reduction program 11 years ago and of herbicide u~e since that time. h described the Park Department's annual spraying years of the amount and type of spray used, and the time of Roundup are u~ed each year in the entire park system, and are contained primarily by the application of I "chip cushion" under noted spraying on the Golf Coume is limited to the greens. Supervisor Bemoky reported the Water Treatment Plant is routinely required to test for "Glyphoaate," the active chemical in Roundup. No trace has ever been detected in our water. Mowing is the primary method of vmed control for the Public Utility Department. Public Wo~k= DIrector I~ reported the 8treat Dep~rtment has limited its herbicide use, only using Roundup on major streets, ~ on/y using 5 g~llorm per yea'. Most of the weed contel is done with a Weed Eater. The weeds at the Aiq)ort are contained by mowing. Councilmember Martin referred to a Press Democrat article on herbicide use which noted some herbicides originally considered innocuous now have been found to pose a danger. Councilmember Kelly voicad a similar concern. She objected to spraying at times of day when people would be present. Regular MeMing - C)et~ber 1, 1997 P.ge2 M/S A~hiku/Malone to receive the reporl regarding the City's use of herbicides carried by the following roll call vote: AYES: Councilmembers ChaYez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 8. PUBLIC HEARJNm ~a. A~ oroval of C~i,,ene Ch~tion for Public S~,.~v (_r~_ps~ Grant Police Operations Captain Wlllianm report·d A~sembly Bill 3229 appropriates $100 million · tatewide to fund the Citizer, s Option for Public Safety (COPS) Grant Program. The City of Uklah's Itmre of this funding is approximately $34,200. ~aff is recommending use of the funds be directed to upgrade the City's Public Safety dispatch equipment. Mayor Malone opened the Public Hearing at 7:22 p.m. No one came forward to ·ddress the Council regarding this matter. The Public Hearing wa, closed at 7;23 p.m. ~ii!iiii~:~. .,.,A~Y~. .... ,~.,,,,~,,..,~, ~.,~mv.z, ~ Kelly .... tin ·nd ' ':""~ ABS · , ........ ,~or ,.~NOES: NOne ~b. Introduction of Ordinance Arrmndino ,.~.~!~::~i~., ......... IAdmin;~[,ation & Pmcedures~ _ ,..,m,a.~.:~ iz~.-ar.aj m ~r~ UKllh Citv Cod · · gca nir~<i~ii~~ent was to update and morgamze the Zoning Code to make it easier to u~4"~ito admini~!:i:ii~' ordinance is the first in a series of Proposed Zoning Code ·cco~':~his task. Senior Planner 8rump outlined changes to permit procedures, the appeal process by the applicant of the reviewing body in minor permit Mayor Malone opened the Publi~ No one MIS review on appeall should rest with the Council. Ordinance to establish the City Council as the final the following roll call vote: AYES: Councilmembers Chavez, Mastin, · NOES: None. ABSTAIN: None. ABSENT: None. to by title only the Ordinance of the City Council of the City of Ukiah Division 9, 2 (Zoning) of the Uklah City Code carried by · voice vote of ·11 AYE. the ~ of the City Council of Ihe C/ty of Uklah Amending Division of the Utdah City Code by title only. n to introduce the Ordinance of the City Council of the City of Utdah Amending Division g, Chapter 2 (Zoning) of the Utdah City r'__-o,~_ carried by the following roll call vote: AYES: Councilme~ Chavez, Ashiku, KMly, Mlstin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. ac. Cortaid.er and Acce~ Offer from Solid Wa~e S?_~:_ema. Inc.. for the C~-n~;~u~ion Public Works Director Kennedy noted Solid Waste Systems reaff',~T~ed its offer to construct and operate I garbage transfer facility on its Taylor [:)rive property. The offer contained provisions recommended by the staff of ~ Mendocino Solid Waste Management Authority (MSVVMA), and was · collaborative effort among City It·fl, Solid Waste Systems, ·nd MSWMA. Mr. Kennedy outlined the provisions of the offer. ReguW ~. C).ober 1,1~97 P.,ge 3 The Coundl di~cussed various aspects of the proposal, including length of contract, extension of the refuse collection contract, method of Consumer Price Index adjustments, and rail haul options. Mr. Kennedy outlined puaaible County of Mendocino requirements end public improvements that may be necessary to accommodate ingress to end egress from the site. Circulation flows would determine the necessary intersection modifications. The County estimates the cost of improvements to the roads and intersections to be approximately 8450,000. Mr. Kennedy thought this 6gure was excessive. Mr. KerVNK~ noted if the Council wished to pursue this offer, Solid Waste 6ystems would ~ back · Ne development plan within 20 days. He else presented cost of living adjustment figures, tipping fee options, C.;~sumer Price Index rate inc,-ease percentage combadsons, spoke to diesel fuel cost adjustment options, end tipping fee adju~"nent options. His calculations support truck haul es the most economical haul option et this time. Jim Salyem, Solid Waste Systems, Inc., noted he was willing to negotiate rate increases based on · percentage of the Consumer Price Index. His interest is in keeping the contract reasonable to both u vy ~.nr~ meal rmes m lo y~ars eno adjust his rates dow~v~rd if neces~: He felt the l~te w~ adaptable to mil service lnd w~ willing to develop I to rail haul costs, end have this comparison within the same 20-day development plan. His projected cost per ton was based on transfer facility were to receive other waste streams, the Mr. Kennedy reiterated by accepting Mr. Salyers offer et. to a contract. Acceptance would keep with process development plan in 20 days. At that time, if the Council could cease the negotiating process. Counciimember Mastin was not supportive of the was for a shorter term. for the site garbage, if the yers site . with the the City His preference Discussion took place regarding venous Richard Shoemaker, 710 Willow, noted as a ratepayer, business owner, and He felt 20 years was a long time proceed slowly in this matter. but was in attendance constituency as the Council. he cautioned the Council to Mike McCartney, 238 North State:~T~'ansfer Fecil BLT Enterprises is going to bid on the haul to ~::the and was committed to the option of rail Pat McAll~:~:!~orks Oroup, noted the North Forks Improvement Group would appeal any~~~~:=.:d :of the '" State Street. Bill Grahl~~$~ noted the Taylor Drive lite was viable for mil haul and support~!~e option ~~!:!Of the waste stream. ~ed offer by Solid ~e"Systems, to review Solid Waste Systems site development plan and ~~mhaUl T within 20 days, end to proceed wffh the final determjnetion of this matter~:'~:~ :::ii: *' ' Malone.i? NOES: ~~::~¥°r None. ABSTAJN: None. ABSENT: None. RECESSED: ~:34 p.m. RECONVENED: ~:45 p.m. 10. NEW BUSINESS 10a. Leaaue of California Citiea I~aolufion- City Manager Healey noted staff's strong approval of proposed League of Colifomia Cities Resolutions No. 14, Relating to Electric Utility Restructuring, and No. 18, Relating to Emergency Medical Services. No action was taken on this matter. Counoilmember Masfin will be the City's voting delegate dudng consideration of the Resolutions at the League's annual conference. Regular MN~ng - O(~ber 1, 1997 11. CITY COUNCIL REPORT~_ Ceuncilrnember Chavez thanked Councilrnember Kelly and Mayor Malone for their attendance at the Nuestra Casa Appreciation Day, Counoilrnember A~hiku had nothing to report. Councilrnember K~lly attended the opening of the new Eagle Peak School, noted the youth ciean up de) scheduled for the railroad station property, ennoHnced an upooming meeting with the Recreation Center Committee and the public to discuss development of the Recreation Center project, distributed brochures from the Economic Development & Financing Corporation, and relX)rted the new exhibit It the Grace Hudson Museum, Mexican Folk Art Tradition in Celebration, is being installed. Councilmember Masfln attended a Mendooino Transit Authority meeting. Mayor Malone noted the Railroad ~eering Committee will host i pubiS; info~ forum next week, he attended I Mendocino Courtly Irdand Power and Water ~ and the next North Coast Railroad Authority meeting will be in BrooM]ails. 12. There were no reports. 13. 13a. CLOSED SESSION Electric Utility - Property Negotiations G.C Section 54956~A.Conference with Rial Property: Lake Mendocino Hydroelectric Blmee 13b. Conference with Legal Counsel Regardin ~nificant exposure to Litigation Pumuant to 15¢. Sale of the North Fire Station - ~4956.8 The Council met in Closed Session It reconvened in Open Session at 1 14. ADdOURNMENT matters. The Council Colleen B. Henderson, City Clerk RegularMeMing.OetM~r1.1997 Pages ITEM NO. 6a DATE October 15, 1997 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF SEPTEMBER 1997 Payments made during the month of September 1997, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedules of Bills, representing the four (4) individual payment cycles within the month. Accounts Payable check numbers: 99828-99902, 100053-100216, 100357-100430, 77453-77459 Payroll check numbers: 99903-100052, 100217-100356 Direct Deposit numbers: 1677-1795 Void check numbers: None This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1. RECOMMENDED ACTION: Approve the Report of Disbursements for the month of September 1997. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Gordon Elton, Director of Finance Coordinated with: Kim Sechrest, Accounts Payable Specialist Attachments: Report of Disbursements C~-r:idac~ I:-I~rsley, Cil(y Manager AGENDA.WPD/krs CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF SEPTEMBER 1997 Demand Payments approved: Check No. 99828-99902, 100053-100216, 100357-100430, 77453-77459 FUNDS: 100 General Fund $116,792.36 660 140 Park Development 661 141 Museum Grants 663 142 National Science Foundation $450.00 665 150 Civic Center Fund $2,760.98 670 200 Asset Seizure Fund $700.00 675 201 Asset Seizure (Drug/Alcohol) 678 220 Parking Dist. Rev. Fund $538.83 679 260 Downtown Business Improv. 693 300 2106 Gas Tax Fund 695 301 2107 Gas Tax Fund 696 312 Airport Master Plan Grant 697 332 Federal Emergency Grant $8,183.04 698 334 EDBG 94-333 Revolving Loan 800 335 Comm. Dev. Comm. Fund $106,000.00 805 410 Conference Center Fund $11,174.50 820 550 Lake Mendocino Bond 900 555 Lake Mendocino Bond Reserve 910 575 Garage $1,494.08 920 600 Airport $52,401.69 940 610 Sewer Service Fund 950 611 Sewer Construction Fund 960 612 City/District Sewer $37,979.98 962 618 Flood Damages 965 652 REDIP Sewer Enterprise Fund 966 Sanit. Disp. Site Sanitary Disposal Replace Countywide JPA Refuse/Debris Control U.S.W. Billing & Collections Contracted Dispatch Services Public Safety Dispatch MESA (Mendo Emerg Srv Auth) Clubhouse Renovations Golf Warehouse/Stores Billing Enterprise Fund Fixed Asset Fund Electric Street Lights Water Special Deposit Trust Worker's Comp. Fund Liability Fund Payroll Posting Fund General Service Community Redev. Agency Redev. Housing Fund Redevelopment Cap Imprv. Fund Redevelopment Debt Svc. PAYROLL CHECK NUMBERS 99903-100051 DIRECT DEPOSIT NUMBERS 1677 - 1738 PAYROLL PERIOD 8/24/97 - 9/6/97 PAYROLL CHECK NUMBERS 100052, 100217- 100356 DIRECT DEPOSIT NUMBERS 1739- 1795 PAYROLL PERIOD 9/7/97 - 9/20/97 TOTAL DEMAND PAYMENTS TOTAL PAYROLL VENDOR DEDUCTION CHECKS TOTAL PAYROLL CHECKS TOTAL DIRECT DEPOSIT TOTAL PAYMENTS $70,070.52 $8,567.28 $124,506.72 $1,885.87 $15,729.40 $14,435.92 $5,022.65 $12,245.60 $524,818.86 $12,240.29 $148,203.88 $192.84 $108,915.23 $1,108.89 $775.77 $180,200.00 $118,361.92 $1,685,757.10 $57,467.10 $214,560.18 $131,806.62 $2,089,591.00 VOID CHECK NUMBERS - None CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on City Clerk APPROVAL OF CITY MANAGER I have examined this Register and approve same. CERTIFICATION OF DIRECTOR OF FINANCE I have audited this Register and approve for accuracy and available funds. 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[.,... ~0 ['"-- OO OO OO 0 0 U 00~000 000000 000000 OOOO~ ~~OO OO~~ ~OOOO ~O~OO OOO~OO 000~00 H ~ ~ Hi O O O OOOO~OO ~OOOOO ~OOOOO ~UU~UU UUII~II 0 ~o~o~oo ~o~ ~O~ O0 O0 0 O0 O0 0 O0 O0 0 OO ~ ~ ~ ~ OO ~ ~ HH ~ ~ ~ °° 0 ~0 oo oo oo o 0 o o · · o ~o o O~ H r~ r.~ r=..] U 0 i 5 mHHOBmHH H~U~ ~ UUBH ~ o~ oo o I 0 o U 0 U 0 o AGENDA SUMMARY ITEM NO. 6b DATE: OCTOBER 15, 1997 REPORT SUBJECT: AWARD CONTRACT TO FERRANTI CONSTRUCTION IN THE AMOUNT OF $16,490 FOR THE CONSTRUCTION OF TRAFFIC CALMING MEASURES ON CLARA AVENUE AND FORD STREET- SPECIFICATION NO. 97-05 In response to the City's Notice Inviting Bids dated September 12, 1997, the City Clerk received and opened two sealed bid proposals on October 7, 1997, for the Construction of Traffic Calming Measures on Clara Avenue and Ford Street, Specification No. 97-05. The lowest responsible bidder is Ferranti Construction of Redwood Valley at a total bid of $16,490. The Engineer's Cost estimate for the contract work is $1 6,229.50. The amount of $40,000 has been budgeted for the construction of traffic calming devices on Ford Street and Clara Avenue in Fund No. 301 (Gas Tax 2107) under Account No. 301.9827.250. These monies will fund the contract work, as well as, the necessary materials, needed to construct landscaped traffic circles at three locations. The traffic circles are to be constructed or placed by the Wagonseller Community Group at the following locations: Myron Street and Ford Street Sidnie Street and Ford Street Clara Avenue and Sidnie Street CONTINUED ON PAGE 2 RECOMMENDED ACTION: Award the contract to Ferranti Construction in the amount of $16,490 for the construction of Traffic Calming Measures on Clara Avenue and Ford Street, Specification No. 97-05. ALTERNATIVE COUNCIL POLICY OPTIONS: Determine that it is in the best interest of the City that all bids be rejected and that the project not be constructed. Appropriation Requested: Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Account No.: 301.9827.250 N/A 940,000 Rick H. Kennedy, Director of Public Works/City Engineer ~' Rick H. Kennedy, Director of Public Works/City Engineer Candace Horsley, City Manager 1. Bid Tabulation Sheet 2. Bid proposal from Ferranti Construction 3. Sketches of proposed work to be performed under the contract. ~.'~,W:kk Candace Horsley, Cik AFERRANTI.2 Manager Award Contract to Ferranti Construction in the amount of $16,490 for the Construction of Traffic Calming Measures on Clara Avenue and Ford Street - Specification No. 97-05 October 15, 1997 Page 2 Staff estimates that the materials needed to construct the traffic circles will cost approximately $9,000 including the Capital Improvement Fee of $660 for water service at Ford Street and Orchard Avenue. Therefore, it is estimated that the construction contract and the community work will cost approximately $25,490 which is well under the budgeted funds of $40,000. The work of the contract to be awarded to Ferranti Construction involves the construction of a traffic island on Ford Street at Orchard Avenue, a bulbout on the north side of Clara Avenue opposite the curvilinear curb and gutter recently constructed by K-Mart which together create a curved restriction to the traveled lanes, and a temporary bulbout on Clara Avenue west of Mason Street. The contemplated improvements are depicted on the attached sketches. If awarded, payment for the performance of the work will based on unit prices bid for contract item quantities actually installed. The bid total of $1 6,490 is based on unit prices bid for contract items at estimated quantities and, therefore, the actual total paid to the contractor may be lower or higher than the bid total indicated. As with all construction projects there are cost overruns by reason of unforeseen work or because actual quantities installed exceed estimated quantities. Policy Resolution No. 13 authorizes the responsible Department Head with the approval of the City Manager to issue change orders not exceeding 10% of the original contract sum or $5,000 whichever is greater, provided that no change exceeds the amount budgeted for the project. The difference between the budgeted amount of $40,000 and the total estimated project cost of $25,490 will be sufficient to cover cost overruns within the range permitted under policy Resolution No. 13. RHK:kk R: 1 \PW LFERRANTI.2 z TRAFFIC CALMING MEASURES ON CLARA AVENUE AND FORD STREET SPECIFICATION NO. 97-05 PLAN HOLDER'S LIST Daily Construction 80 Swan Way, Suite 130 Oakland, California 94621-1438 North Coast Builders Exchange Post Office 6025 Santa Rosa, California 95406 North Coast Builders Exchange 175 Park Street Lakeport, California 95453 F.W. Dodge Division 221 Main Street, Suite 800 San Francisco, California 94105 North Coast Builders Exchange 216 West Perkins Street Ukiah, California 95482 Shasta Builders Exchange 2990 Innsbruck Drive Redding, California 96003-9303 Ferranti Construction Post Office Box 259 Redwood Valley, California 95470 Telephone Number: (707) 485-0095 Soave Concrete Construction Company Post Office Box 1 617 Willits, California 95490 Telephone Number: (707) 459-6605 Parnum Paving, Inc. Post Office Box 970 Ukiah California 95482 Telephone Number: (707) 485-7626 CITY OF ~ ivl~NDOCI~O COUNTY, CALIFORNIA FOR TRAFFIC CALMLNG ME~S ON CLARA AVENUE AND FORD STREET Specification No. The undersigned, as bidder, declares that he or she has examined thoroughly all of the contra~t documents herein contained, that this proposal i~ made without collusion with any other per,on, firm or corporation and that all laws and ordinances relating to the interest of public officers in this contract have been complied with in every respect. AND he or she proposes and agrees, if this proposal is accepted, 1) that he or she will contract with the City of U'k. iah, Mendocino County, California, in the form of the copy of the agreement herein contained 2) a) b) c) to provide all necessary machinery., tools, apparatus and other means of construction; to furnish all materials; to provide all superintendence, overhead expenses and ail labor and expenses of whatever nature necessary to complete the job in conformity with the specifications and drawings and other contract provisions herein or reasonably implied hereby or as necessary to complete the work in the manner and within the time named herein and according to the requirements and to the reasonable satisfaction of the City Engineer; d) to pay all charges of freight transportation and hauling; that he or she indemnifies the City against any loss or damage arising from any act of the undersigned as Contractor; and that he or she will accept as full payment therefor the following sums: C:\projects\streets\clraford. trf 45 Spec. No. 9~-05 BIDDING SCHEDULE In case of discrepancy between words and f'~,ures, the words shall prevail. ITEM QUANTITY DESCRIFTION AND UNIT PRICE BID TOTAL ITEM NO. AMOUNTS 1. 220 LF Sawcut Asphalt Concrete for the price per linear foot of 2. 1156 SQFT Remove Asphalt Concrete and Base for the price per square foot of 3. 75 LF Construct 12" Modified Type Al-6 Curb for the price per linear foot of ($ oq C, c~C, ) $ / ~C. 0-~, 4. 137 LF Construct 18" Modified Type Al-6 Curb for the price per linear foot of { 5. 77 LF Construct Modified Type A2-6 Curb and Gutter for the price per linear foot of Spec. No. 97-05 al6 c: \proj¢c~\s~reer. s\clraford, trf 5. 59 LF Consu'uct Type A Asphalt Dike for the price per linear foot of 7. 326 SQFT Reconstruct S~'eet S~tion for the price per square foot of -- 8. 110 LF Remove Street Striping for the price per linear foot of / 9. 1 LUMP SUM Construct 3/4' Water Service for the lump sum price of (s 10. ! EA Raise Sanitary Sewer Manhole for the price ¢nch of C: \project. s\strect, s\cirnford.u-f 47 Sl~c. No. 97-05 o,,c 11. 3 EA Furnish and Install Type K-2 Object Markers for the price each of / TOTAL AMOUNT FOR BID $ ./ In case of discrepancy between words and figures, the words shall prevail. We, the undersigned, further agree, if this proposal shall be accepted, to sign the agreemem and to furnish the required bonds with satisfactory surety, or sureties, wi~in fifteen (15) calendar days after wriuen notice that the contract is read), for signature; and, if the undersigned shall fail to contract, as aforesaid, it shall be understood that he or she has abandoned the contract and that, therefore, tiais proposal shall be null and void and the proposal guaranty accompanying this proposal, or the amount of said guaranty, shall be forfeited to and become the property of the CID'. Otherwise, the proposal guaranty accompanying this proposal shall be returned to the undersigned. Witness our hands this day of 7 ~ ~ c~-~- , 19 ~'7. Licensed in accordance with an act providing for the registration of Contractor's License No. ,,~'-'0 3 , expiration date/,.~ -~ i-- ~ 7 · THE CONTRACTOR'S LICENSE NLFMBER AND EXPIRATION DATE STATED HEREIN ARE MADE UNDER PENALTY OF PERJURY. Signature of bidder or bidders, with business addresses: Spec. No. 97-05 48 cA projecu\str~eu~:lraford.trf TO: The undersigne, cl, in submiv,.ing a bid for performing the following work by Contract, hereby certifies that he or she has or will meet the standards of aff~'mative compliance with the Fair Employment Practices requirements of the Special Provisions contained herein. TRAFFIC CALMING MEASURES ON CLARA AVENUE AND FORD STREET (Signature of Bidder~ - Business Address: Place of Residence: (The bidder shall execute the certification of this page prior to submitting his or her proposal.) C: \Pr°Jects\stree~s\clraforcl.trf Spec. No. 9%05 WORKER'S COM?ENSATION CERTIFICATF~ I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or undertake self-insurance in accordance with the provisions of that code and I will comply with such provisions before commencing the performance of the work of this contract. Wimess my hand this "~ ~ -~ day of_ ~ff~ ,199. Si/~a~re of Bidder, with Business Address: C: \projects \streets \clraforcl.trf 53 Spec. No. 97-05 CERTIFICA~ON OF NONDISCRIMINATION IN E]V[PLOYM~NT The bidder represents that he or she has/has not, participated in a previous contract or subcontract subject to either the equal opportunity clause hereto or the clause contained in Section 301 of Executive Order 10925; that he or she has/has not, filed all required compliance reports; and that representations indicating submission of required compliance prior to subcontract awards. Signature and address of Bidder: (This certification shall be executed by the bidder in accordance with Section 60-1.5 of the Regulations of the President's Committee on Equal Employment Opportmaity for implementing Executive Orders 1092:5 and 11114.) C: \projects\strcets\clraford.trf Spec. No. 9%05 LIST OF PROPOSED SUBCONTRACTOI~S In compliance with the provisions of Sections 4100-4108 of the State Government Code and any amendments thereof, each bidder shall set forth (a) the name and location of the place of business of each subcontractor who will perform work or labor or render service to the Contractor in or about the construction site in an amount in excess of one-half of 1 percent of the total bid and Co) the portion of the work to be done by each subcontractor. C: \proj¢cts\sa'==ts~clraford.trf Spec. No. 9'7..05 STATEMENT OF EXPERri~CE OF BIDDER The bidder is required to state below what work of similar magnitude or character he or she has done and to give references that will enable the City Council to judge of his or her experience, skill and business standing and his or her abilis' to conduct work as completely and rapidly as required under the terms of the contract. C: \prOJects\stree~lr~ford.trf 59 Spec. No. 97-05 SIGNATURE(S) OF BIDDER (insert the words "cash ($)", "cashier's check" or "bidder's bond", as the case may be) in an amount equal to at least 10 percent of the bid. The names of all persons interested in the foregoing proposal as principals are as follows: IMPORTANT NOTICE: If bidder or other interested person is a corporation, provide the legal name of corporation and also the names of the president, secretary, treasurer and msn. ger thereof. If a co- partnership, provide the true name of firm and also the names of all individual co-partners composing the firm. If bidder or other interested person is an individual, provide the first and last names in full. Licensed in accordance with an act providing for the registration of Contractors: Signature(s) of Bidder: /~.~, J NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a co-parmership, the true name of the firm shall be set forth above together with the signature of the panner or partners authorized to sign contracts in behalf of the eo-parmership; and if bidder is an individual, his or her signature Shall be placed above. If a member of a parmerskip, a Power of Anorney must be on file with the Department prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized. Business address' .~, ~.~ ~., ~;~ Place of residence: Dated NON-COLLUSION AFFIDAVIT Note: Bidder shall execute the affidavit on this page _m'ior to submitting his or her bid. To City Council, City of Ukiah: The undersigned in submining a bid for performing Traffic Calming Measures on Clara Avenue and Ford Street by contract, being duly sworn, deposes and says: that he or she has not, either directly or indirectly, cnter~ into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract. Business Address: Place of Residence: NOTARIZATION Subscribed and sworn to before me this .7?~x' day of NoraD' Public in ~! for the Count3, of '~~,/~.dzq.',,;z.' ~ _, State of Califorttia. C: \prOJects\streets\clrafortLtrf 65 Spec. No. 97-05 , AMERICAN CONTRACTORS INDEMNITY COMPANY 9841 AIRPORT BOULEVARD, SUITE 916, LOS ANGELES, CALIFORNIA 90045 (310) 649-0090 · . KNOW ALL MEN BY THESE PRESENTS, That we, BID BOND BOND NO. PREMIUM BID DATE: 33389-3 BBSU 10/7/97 Ferranti Construct i~n . (hereinafter called PHncip. aJ)~ as Prin~ipaJ, and AMERICAN cONTRACTORS INDEMNITY COMPANY, a corporation organized and existing under the laws of the state of Cardomia an4 authorized to transact a general surety business in the State of California (hereinafter called Surety), as Surety, are held and firmly bound unto the City Of Uki~h (hereinafter cailed Obligee) in the penal sum of Two Thousand and No/100- Ten percent (- 10 ' %) not t° exceeed --- Dollars ($ 2,000. O0 - for ~e payment of which the Principal and the Surety bind themselves, their heirs,'executor:~, administrators, su .c~essors · · · · · and assigns, joinfJy arid severally, firmly by these presents. THE CONDITION OF THIS O'BLIGATION .IS SUCH, That, whereas the Principal has submitted or is ~:~out to submit a proposal to the O. bligee on a contract for Concrete curbs ,. · NOW, THEREFORE, if the said Contract be awarded .to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bOnd, with surety acceptable to the Obligee for the faithful 'performance of the said contract; or if the Prrncipal shall fail to dp so, pay the .Obligee the damages which th.e Qbligee may suffer by reason (~f such failure not exceeding the penaity .of this bond, then this obligation shall be void; otherwise to remain in full force and effect SIGNED, SEALED AND DATED THIS 1 8th DAY OF . September ,19 97 o. Ferranti Construction Princip~ ALL.PURPOSE ACKNOWLEDGMENT .-. State of C a 1 i f o r n i a County of Sonoma On_September 18,,1997 beforeme, Pamela D. PuSkarich, Notary .Public. Date Name anti T~le O! Officer (e.g.. 'Jane Doe. Notary Pubic.'} -. p'0rsonally'appeared Nancy L.." Wallis .. · ~_personaily known'to me - OR -E~ proved to me on the basis of satisfactory evidence to be the person(s) ' whose name(s) is/are subscribed to the within instrument .. J '~:.... PA,~iELA B. PusKARICH ~ ~~:~J NOT~RV PUBLIC- CALIFORNIA and ackngwledged to me that he/she/they executed the same in his/her/their authorized ca~3acity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s), acted, executed the instrument. WITNESS my h.and and official seal. Signature of Notary PuDtic ,, OPTiONaL Though the information below is not required by law, it .may pro've valuable tO persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description' of Atta~:hed Document ' . · Title orType of Document: BBSU 33389-3, 1 pea, 1 ack Document Date: September 18, 1997 signer(s) ether'Than Named Above: None Capacity(les) Claimed by Signer(s) · · Signer;s Name: Nancy L. Wallis ~ Individual . · ~ Corporate Officer Title(s): '~ Partner--ri Limited [] General ~ Attomey-in-Fact '-i Trustee ~ Guardian or Conservator '"; Other: Signer Is Representing: ACIC Top of thumb I~ere Number of Pages: 3 Signer's Name: ~ Individual · 2 Corporate Officer Title(s): ~ Partner----[] Limited ~ General ~ Attorney-in:Fact -'! Trustee _" Guardian or Conservator _~ Other: .. Signer Is Representing: Top of thumt3 here ., 1994 Nat,)nmi Notary ,~t)o~ · 823~ Renvne! Ave,. P.O. Box 7184 · Canoga P,&,k. CA 91309-71~4 Prod. NO. 5907 Reo~:ter. Call TolI.F~ I A AMERICAN CONTRACTORS INDEMNrI~' COMPANY Los Angeles. California POWER OF ATTORNi~f KNOW AIoI.'MEN HY TIIESE PRESENTS: 'i~lat AMERI~ CONTRACTORS INDEMNITY COMPANY, a California Corporation (llle "Company'). and having its principal office in Los Angeles. Culifornia does hereby constilutc and appoint: Nancy L. Wallis of Santa Rosa, California . -. · as its true and lawful Atto'rney(s)-in-fact, in amount of $ 1;_900 ;0~0 _00id execute, seal and 'deliver for and on its behalf as surciy,-~ny and all bonds arid undertakings, recognizances, contracts of indernnily and other writings obligatory in the nature thereof, which arc or may be allowed, required or permitted by law, statute, rule, reg'ulalion, contract or otherwise, and the execution of sucls instrument(s) in pursuance of these, presents, shall be as binding upon the said AMERICAN CONTRACTORS INDEMNITY COMPANY. as fully and amply, to all intents and purposes, as if tile same had been duly cxccuied and acknowledged by ils regularly elected officers at its principal office. This Power of Attorney is executed, and may be certified to and m~ ay_be revoked, pur. suant to and by authority of resolutions adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY, at a meeting called and held on the 6th day of December, 1990. RESOLVED that the Chief Executive Officer. President or any Vice President. ExeCUtive Vice President, Secretary or Assistant Sccreiary, shall have power and authoriiy. I. To appoint Atlomey(s)-in-fact and to authorize lhem to execute on behalf of lhe Company, and attach the Sea] of the Company li~ereto, bonds and undertakings, conL,-acts of indemnity and other wr/tinffs oblig'alory in the nalure tlw. reof and, . . 2'. 'Fo remove, a't any time, any such Attorney-in-fact and revoke the aUthority-given. . . RESOI,VED FURTIIER, tha! the signature of such officers and the seal of the Company may be affixed to any such power Of atiorncy or any certificate relating tberto by facsimile, and any such power of attorney or certificate bearing such facsimile signalurcs or facsmile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future-with respect to a.ny bond or und.criaking to which it is attached. IN WITNES~ WIIEREOF, AMERICAN CONTRAi~X)RS INDEMNITY COMPANY has Caused this instrument to be signed and its c~)~poratc seal to be affixc¢i by its authorized officer this 1 day of March I9 AMERI~RS'INDEMNITY COMPANY' Skipper G. Bauu~garten, . ' ' .// s~rA'FE OF CALIFORNIA COUI~IW OF LOS ANGEl. ES On March 1, 1996 before ~ne. Deborah Reese .personally appcarc~ Skipper G. BaUmgarten ][~rsbnally_ known lo me - OR; ~ proved to me on the basis of satisfactory evidence lo be tile person(s) whose name(s) is/are subscribe~ ~'o the Within ir£strument and acknowledged to me that he/she/they exeCUted tile tame in his/her/their authorized capacily(ies), and that by his/her/their signature(s) on the instrument the person(s), or the en!ity upon behalf of which the person(s) ac! c-d. cxcculed t{ lc insi~m, mcnt. %VITN I".SS l~ty lsan¢! at~<l official scal'. ~ DEBORAH REESE ' · " · k.~.'~/ LOS ANGELES COUNTY · -- CI.:RTIFICATION · ~ My'Comm. Expires JAN I~. 1999 [ . .. ~._ , ~.- , I I. ll,C undcrsigucd officer of/~VI.;RiCAN CONTRACTORS iNDENINrI~ COMPANY do hereby ccrlify that { l'iavc compared foregoing copy of Itlc Powcc of Allorncy and affidavit, and thc copy of Ibc resolulion a¢iol~Icd by thc Board of Directors of said COliipaliy as .ql:{ forl{i in said Powc~ of Ailorncy. with tim ORiOIN^LS ON FILE IN TIlE IIOME OFFICE OF SAID COMPANY, .nd Il,al s.,,~c .cc corccc! Icansccipls llmreof and of thc whole of lhe said originals, and lhat Ibc said Powcr of Altomcy {las ,lol been revoked and is now {ii full force and effect. IN TESTIM()NY WI II'~R I,IOF. I lmvc {icra,nlo icl lily }lilll¢{ Iht{ 18 th d.y of .... -_ ___S_.ep_~__Ijlbe r . i:i 97 Assistant ' '(;:';"~'::~'[' ~" --3;~--~i--~g . I · iiiii i i. CITY OF UKIAH AT' t,,'1A~A ST. TYPE A DIKE ----- VARIES (SEE PLAN) 0.25'~ '~OFF SET LINE 0.50' 0.25' 61TY OF UKIAH ~ SIDNIE ST. MODIFIED A2-6 12" MODIFIED Al-6 (E) STRE_ 12" MODIFIED Al-,. SECTION MODIFIED A2-6 / SAWCUT / ~ / ~= VARIES ,,, I ~ "' '/~--~E.· ~ REMOVE AND REP~C[ ~ 4" AC 0N 8" C~SS II AGG BASE ~ REMOVE (E) AC ~ BASE. BACKFILL WITH TOP SOIL BY CI~. TYPICAL SECTION NTS CITY OF UKIAH TRAFFIC CALMING - CLARA AVE. DETAILS ~:.=s i ir`u: 8/9'~ CLRA_ D"rL 20F2 8" MODIFIED A1-6 MEDIAN CURB SAWCUT (E) AC ~ REMOVE AND REPLACE  ....~MODIFIED A1 -6 = VAR'ES [ :: = ,S"-~J ~ ill 1" -- · ..~· :;.-.;-_;;;-.;;-. .... - .............. ':..; lJ / J/ 8" CL 2 AGG BASE ~ BASE. ~ REMOVE AND RE~CE (~P) BACKFILL WITH TOP SOIL BY CIW, MEDIAN ISLAND TYPICAL SECTION NTS CITY OF UNIAH TRAFFIC CALMING - FORD ST. TYPICAL SECTION & CURB DETAILS AGENDA SUMARY ITEM NO. 6c DATE: October 15, 1997 REPORT SUBJECT: ADOPTION OF ORDINANCE AMENDING DIVISION 9, CHAPTER 2 (ZONING) OF THE UKIAH CITY CODE SUMMARY: On October 1, 1997, the City Council voted 5-0 to introduce the ordinance amending Division 9, Chapter 2 (Zoning) of the Ukiah City Code. In doing so, the Council modified the recommended Ordinance to establish the City Council as the decision-making body, rather than the Planning Commission for appeals of actions taken by the Zoning Administrator. The ordinance has been modified to reflect this change, and is ready for final adoption. The purpose of this City Code amendment project is to update and reorganize the City's zoning provisions to make them more user friendly and easier to administer. RECOMMENDATION: Adopt the Ordinance amending Division 9, Chapter 2 (Zoning) of the Ukiah City Code. ALTERNATIVE COUNCIL POLICY OPTION: Do not adopt the Ordinance and provide direction to staff. Citizen Advised: Legal notice published according to the requirements of the Ukiah City Code. Requested by: Planning Department Prepared by: Charley Stump, Senior Planner Coordinated with: Candace Horsley, City Manager; Bob Sawyer, Planning Director; and David Rapport, City Attorney Attachments: 1. Ordinance amending Division 9, Chapter 2 of the Ukiah City Code. APPROVED: Candace . anagerHorsley, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING DIVISION 9, CHAPTER 2 (ZONING) OF THE UKIAH CITY CODE The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE Pursuant to Section 9260 of the Ukiah City Code, Division 9, Chapter 2 (Zoning) is amended to create a new Article entitled, "Administration and Procedures." The text of this new Article is attached as Exhibit "A." SECTION TVVO The new Article created by this amendment to the City Code combines a number of existing Sections and Articles, which necessitates their recision. Specifically, the following Sections and Articles are hereby rescinded: Sections 9210, 9211, 9213, 9214, and 9215, all dealing with the Office of the Zoning Administrator; Section 9208, establishing Site Development Permits; Article 18 - Use Permits, Variances, and Amendments; and Article 20 - Amendments; Existing Article 19 shall become Article 18; existing Article 21 shall become Article 19; and the new "Administration and Procedures" Article shall become new Article 20. SECTION THREE This amendment to Chapter 2 of the Ukiah City Code is necessary to improve and enhance zoning administration, and to provide more user friendly zoning regulations to the citizens of Ukiah. SECTION FOUR This Ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 SECTION FIVE This Ordinance shall become effective thirty (30) days after adoption. Introduced by title only on October 1, 1997, by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone NOES: None ABSENT: None ABSTAIN: None Passed and adopted on October 15, 1997, by the following roll call vote' AYES: NOES: ABSENT: ABSTAIN: Sheridan Malone, Mayor ATTEST: Colleen B. Henderson, City Clerk 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT "A" ORDINANCE NO. ARTICLE 20. Division 9 - Chapter 2 ZONING ADMINISTRATION AND PROCEDURES SECTION: 9260 Purpose 9261 Discretionary Planning Permits 9262 Use Permit Procedures 9263 Site Development Permit Procedures 9264 Variance Procedures 9265 Zoning Text Amendments and Rezonings 9266 Appeals 9267 Prezoning 9268 Zoning Administrator 9260: PURPOSE: The purpose of this Article is to establish the development permit and rezoning/prezoning processing procedures, and to establish the process and legal procedures associated with the enforcement of the provisions of this Chapter. Additionally, this Article establishes the Office of the Zoning Administrator. 9261: DISCRETIONARY PLANNING PERMITS: The City's discretionary planning permits include Use Permits, Site Development Permits, and Variances. A. Use Permits: A Use Permit is an entitlement that permits a certain use of land in a zoning district where the use is not allowed by right. Each zoning district contains both allowed and permitted land uses. "Allowed" land uses are allowed without a Use Permit, while "permitted" uses can only be established with the securing of a Use Permit. Use Permits are usually issued with "conditions", and are intended to provide flexibility by permitting land uses 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 that will not have an adverse impact on surrounding land uses or the general public. The detailed provisions for Use Permits are contained in Section 9262 of this Article. B, Site Development Permits: Site Development Permits are required for the construction of new multiple-family residential, commercial, and industrial structures, or the substantial exterior modification of existing multiple-family residential, commercial, and industrial structures. Projects exempt from the Site Development Permit process include interior building remodels, repair and maintenance of structures or parking areas, minor alterations on building exteriors, and minor accessory structures to established, multiple-family residential, commercial, and industrial buildings. Upon request, the Planning Director shall determine whether a project is exempt under this subsection in accordance with the following standards: 1. The project involves an addition of less than 150 square feet to an existing structure, and the addition would not be highly visible from any public street; or 2. The project involves minor facade modifications that would not significantly change the architectural character or appearance of the structure. The detailed provisions for Site Development Permits are contained in Section 9263 of this Article. ¢. Variance Permits: A Variance is a permit to deviate from the terms of the zoning ordinance. It provides relief from specific site development regulations. It is provided for because there are individual lots which, due to some unusual characteristic, cannot be put to productive use if all detailed regulations (e.g. yard setbacks, height) are strictly applied. Variances are not issued for land uses ("Use Variance") or relief of lot size requirements. The detailed provisions for Variances are contained in Section 9264 of this Article. D. Major and Minor Use Permits, Site Development Permits, and Variances: At the time of application submittal, the Planning Director or assigned designee shall determine if the proposed project constitutes a major or minor Use Permit, Site Development Permit, or 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Variance. The Planning Director or assigned designee shall be guided by the following criteria when determining whether a discretionary planning permit is major or minor: 1. Facade improvements, small additions/expansions of more than 150 square feet to existing structures, minor amendments to previously approved permits, and changes in use of existing structure(s) that do not require additional parking, and will not generate substantial amounts of additional traffic, noise, or other potential nuisances shall be considered minor in nature. In the C-N (Neighborhood Commercial) zoning district, a Use Permit is required to exceed the maximum 30% floor area ratio standard. A proposal to exceed this standard by less than 10% is considered a minor Use Permit. 2. New construction on vacant parcels, large additions/expansions to existing buildings, substantial amendments to previously approved permits, and changes in use of existing structure(s) that would require an expansion of an existing parking facility, or that could generate substantial amounts of additional traffic, noise, or other nuisances shall be considered a major permit. 3. Minor Variance applications are those seeking less than 50 percent relief from a yard setback requirement in a particular zoning district, or a height of less than five feet over what is allowed in a particular zoning district. 4. Other small and relatively insignificant applications as determined by the Planning Director shall be considered minor. E. Use or Project not Established: Whenever in this Article a permit is subject to revocation because the use or project for which the permit was issued is not established within required time limits, "not established" shall mean that the permittee has not taken substantial steps and has not incurred substantial expense to construct, complete and commence the use 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 for which the permit was issued, and is not diligently completing the project and commencing the use for which the permit was issued. 9262: USE PERMIT PROCEDURES: Use Permit application and processing procedures shall be as follows: A. General: Use Permits shall be issued as provided in this Chapter only for land uses or purposes for which such permits are required. The Zoning Administrator or Planning Commission shall conduct a public hearing and decide all applications for Use Permits required by this Chapter. If the Planning Director determines that the Use Permit application is minor in nature, it shall be scheduled for a public hearing before the Zoning Administrator. If the Planning Director determines that the Use Permit application is major, it shall be scheduled for consideration by the Planning Commission for public hearing and action. Projects requiring a Use Permit for new construction or exterior modifications need not have a separate Site Development Permit. Site Development review, criteria, and findings shall be incorporated into the Use Permit process. B. Application Filing and Submittal Requirements: Applications for Use Permits shall be filed with the City Planning Department and shall be accompanied by a plot plan sufficient to show the details of the proposed use or building, as well as surrounding land uses, and any other project related information deemed necessary by the Planning Director. Application fees shall be established from time to time by Resolution of the City Council adopted in accordance with the procedures required by law. The payment of the established fee shall be made at the time of application submittal. C. Public Noticing Requirements: The City shall follow the public noticing procedures of the California Government Code. Failure of any person to receive mailed notice or failure to post notice shall not invalidate any proceedings conducted by the decision-making body. Unless 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 in conflict with the notice requirements of the Government Code, notices of public hearings on applications for Use Permits shall be given at least ten (10) days prior thereto, by the following manner: 1. Publication in a newspaper of general circulation in the City. 2. Notice by mail, using addresses from the latest equalized assessment roll, to all owners of property within a three hundred (300) foot distance of any boundary of the subject property, and to the project applicant or agent, as well as to the property owner of record. 3. Notice shall be mailed or delivered at least ten (10) days prior to the hearing to each local agency expected to provide essential facilities and services which may be significantly effected. 4. The subject property shall be posted in three (3) locations ten days prior to the public hearing. D. Action on Use Permits: All applications for Use Permits shall be considered and acted upon by either the Zoning Administrator or the Planning Commission. 1. The Zoning Administrator shall review, conduct public hearings, and decide upon all minor Use Permit applications. 2. Appeals of the Zoning Administrator actions shall be heard by the City Council for a final decision. 3. The Planning Commission shall review, conduct public hearings, and decide upon all major Use Permit applications. 4. Appeals of the Planning Commission actions shall be heard by the City Council for a final decision. 5. At the discretion of the Planning Director, any Use Permit application may be scheduled for consideration and decision-making by the Planning Commission. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 6. Any Use Permit application which is reviewed by the Zoning Administrator or the Planning Commission may be approved, conditionally approved, or denied. E. Findings: Findings are required to grant a Use Permit. 1. The Zoning Administrator or the Planning Commission, on the basis of the evidence submitted at the hearing, may grant Use Permits required by the provisions of this Article whenever findings of fact support the following determinations: a. The proposed land use is consistent with the provisions of this title as well as the goals and policies of the City General Plan. b. The proposed land use is compatible with surrounding land uses and shall not be detrimental to the public's health, safety and general welfare. 2. The findings shall not be vague and conclusionary. The findings shall be sufficiently detailed to apprise a reviewing court of the basis for the action by bridging the gap between the evidence and the decision-maker's conclusions, and shall be based upon evidence contained in the administrative record. F. Conditions of Approval: Conditions of project approval may be imposed on Use Permit applications. 1. In approving a Use Permit, the Zoning Administrator or Planning Commission may include such conditions as are deemed reasonable and necessary to preserve the integrity and character of the zoning district and the General Plan. Such conditions shall promote the safe and orderly use of the property, and assure compatibility with surrounding land uses. Nothing in this Chapter shall be construed to limit the discretion or the authority of the Zoning Administrator or Planning Commission to require conditions, provided the conditions constitute a lawful exercise of the police power and not a taking of private property under the 5th Amendment of the United States Constitution. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 2. The Zoning Administrator or Planning Commission may condition a Use Permit to prohibit the occupancy of a building, structure, or land use until an inspection has been made which finds that the building, structure, or land use complies with all conditions specifically required to be completed prior to occupancy. If a Use Permit is so conditioned, the Zoning Administrator or Planning Commission shall notify the City Building Official of such conditions. If a building permit is issued for a building or structure which is subject to a Use Permit so conditioned, the Building Official shall not approve a final inspection of such building or structure until the conditions have been met; provided, however, that responsibility for assuring applicant compliance with the provisions of the Use Permit remains with the Planning Director. The Planning Commission orthe Zoning Administrator may also require conditions be completed prior to the issuance of building permits. G, Effective Date: The Use Permit shall be deemed legally in effect when the appeal period has lapsed, unless a timely appeal is properly filed. If an appeal is filed, the Use Permit shall become effective upon final approval by the City Council. This date shall be so noted in the official Use Permit application file and shall also be noted upon the issued Use Permit and/or approval confirmation letter. H. Expiration and Revocation: The following provisions detail the Use Permit expiration and revocation process. 1. An approved Use Permit may be revoked through the City's revocation process if the use for which the Use Permit was granted is not being conducted in compliance with the Use Permit as conditioned, or: a, bo If any land use for which a Use Permit has been granted and issued is not established within two years of the Use Permit's effective date; or If the established land use for which the permit was granted has ceased 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 or has been suspended for twenty four (24) consecutive months. 2. Procedure: If a Use Permit is subject to revocation under subsection H(1), the City shall follow the procedures set forth herein. a. Notice: Notice of a hearing before the Planning Commission shall be provided in accordance with subsection C. b. Hearing: The Planning Commission shall conduct a public hearing to determine whether the permit shall be revoked and shall make findings that comply with subsection E(2). c. Appeal: The Planning Commission decision shall be subject to appeal in accordance with Section 9266. 3. New Application: Nothing herein shall prohibit the holder of a permit revoked pursuant to subsection H(1) (a) or (b) from applying for a new permit in accordance with the procedures for new applications. I. Renewal: Use Permits may be renewed for an additional period not to exceed one (1) year provided, if an application for renewal is filed with the Planning Department prior to the expiration of the permit. The application shall consist of a detailed letter explaining the reason(s) for the request. The Planning Director shall grant or deny an application to renew a Use Permit, and shall provide an explanation of his decision, in writing, to the applicant. The Planning Director's decision to approve a renewal shall generally be based upon a determination that all the circumstances associated with the original approval are substantially the same at the time of the renewal application. An appeal of the Planning Director's decision may be made to the City Council for a final decision. Any such appeal must comply with the requirements of Section 9266 of this Article. 9263: SITE DEVELOPMENT PERMIT PROCEDURES: The following regulations govern the submittal, review, and processing of Site Development Permits. 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 A, General: Site Development Permits shall be issued as provided in this Chapter only for site development projects for which such permits are required. The Zoning Administrator or Planning Commission shall conduct a public hearing and decide all applications for Site Development Permits required by this title. If the Planning Director determines that the Site Development Permit application is minor in nature, it shall be scheduled for a public hearing before the Zoning Administrator. If the Planning Director determines that the Site Development Permit application is major, it shall be referred to the Planning Commission for public hearing and action. B. Application Filing and Submittal Requirements: All applications for Site Development Permits shall include the following information: 1. A detailed Site Plan sufficient to fully illustrate the proposed project and adjoining land uses. 2. Elevation drawings of all proposed structures. 3. Details of all proposed signs. 4. A landscaping plan detailing all new and existing landscaping to be incorporated into the design of the project. 5. A floor plan of the proposed structure. 6. A parking plan. 7. Any other project related information requested by the Planning Director. 8. The actual application form and filing fee, which shall be established from time to time by Resolution adopted by the City Council in accordance with such procedures as required by law C. Public Noticing Requirements: Failure of any person to receive mailed notice or failure to post notice shall not invalidate any proceedings conducted by the decision-making 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 body. Notices of public hearings on applications for Site Development Permits shall be given at least ten (10) days prior thereto, by the following manner: 1. Publication in a newspaper of general circulation in the City. 2. Notices shall be mailed, using addresses from the latest equalized assessment roll, to all owners of property within a three hundred (300) foot distance of any boundary of the subject property, and to the project applicant or agent, as well as to the property owner of record. 3. Notice shall also be mailed or delivered at least ten (10) days prior to the hearing to each local agency expected to provide essential facilities and services which may be significantly effected. 4. The subject property shall also be posted in three (3) locations ten days prior to the public hearing. D. Action on Site Development Permits: All applications for Site Development Permits shall be considered and acted upon by either the Zoning Administrator or the Planning Commission. 1. The Zoning Administrator shall review, conduct public hearings, and decide upon all minor Site Development Permit applications. 2. Appeals of the Zoning Administrator actions shall be heard by the City Council for a final decision. 3. The Planning Commission shall review, conduct public hearings, and decide upon all major Site Development Permit applications. 4. Appeals of the Planning Commission actions shall be heard by the City Council for a final decision. 5. At the discretion of the Planning Director, any Site Development Permit 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 application may be directed to the Planning Commission for consideration and decision-making action. 6. Any Site Development Permit application which is reviewed by the Zoning Administrator or the Planning Commission may be approved, conditionally approved, or denied. E. Findings: The Zoning Administrator and/or Planning Commission shall make findings when acting to approve Site Development Permit applications. The findings shall not be vague and conclusionary. The findings shall be sufficiently detailed to appraise a reviewing court of the basis of the action by bridging the gap between the evidence and the decision-makers conclusions, and shall be based upon evidence contained in the administrative record. Failure to make findings that support the following determinations shall result in a denial of the Site Development Permit application: The proposal is consistent with the goals, objectives, and policies of the City , General Plan. 2. The location, size, and intensity of the proposed project will not create a hazardous or inconvenient vehicular or pedestrian traffic pattern. 3. The accessibility of off-street parking areas and the relation of parking areas with respect to traffic on adjacent streets will not create a hazardous or inconvenient condition to adjacent or surrounding uses. 4. Sufficient landscaped areas have been reserved for purposes of separating or screening the proposed structure(s) from the street and adjoining building sites, and breaking up and screening large expanses of paved areas. 5. The proposed development will not restrict or cut out light and air on the property, or on the property in the neighborhood; nor will it hinder the development or use of buildings in the neighborhood, or impair the value thereof. 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 6. The improvement of any commercial or industrial structure will not have a substantial detrimental impact on the character or value of an adjacent residential zoning district. 7. The proposed development will not excessively damage or destroy natural features, including trees, shrubs, creeks, and the natural grade of the site. 8. There is sufficient variety, creativity, and articulation to the architecture and design of the structure(s) and grounds to avoid monotony and/or a box-like uninteresting external appearance. F. Conditions of Approval: Conditions of project approval may be imposed on Site Development Permit applications. 1. In approving a Site Development Permit, the Zoning Administrator or Planning Commission may include such conditions as are deemed reasonable and necessary to maintain or assure compliance with the standards/criteria listed in Section E. Nothing in this Section shall be construed to limit the discretion of the authority of the Zoning Administrator or Planning Commission to require conditions. 2. The Zoning Administrator or Planning Commission may condition a Site Development Permit to prohibit occupancy of a project building until an inspection has been made which finds that the project building, landscaping and other required improvements have been completed, and the project complies with all conditions specifically required to be completed prior to occupancy. If a Site Development Permit is so conditioned, the Planning Director shall notify the City Building Official of such conditions. If a building permit is issued for a building or structure which is subject to a Site Development Permit so conditioned, the Building Official shall not approve a final inspection of such building or structure until the conditions have been satisfied. The Planning Commission or the Zoning Administrator may also require conditions be completed prior to the issuance of building permits. 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 G, Effective Date: The Site Development Permit shall be deemed legally in effect when the appeal period has lapsed, unless a timely appeal is properly filed. If a timely appeal is filed, the permit shall be deemed legally effective when finally approved by the City Council. This date shall be so noted in the official Site Development Permit application file and shall also be noted upon the issued Site Development Permit and/or approval confirmation letter. H, Expiration and Revocation: The following provisions detail the Use Permit expiration and revocation process. 1. An approved Site Development Permit may be revoked through the City's revocation process if the site development project is not being conducted in compliance with the Site Development Permit, as conditioned, or: a. If any project for which a Site Development Permit has been granted and issued is not established within two years of the Site Development Permit's effective date; or b. If the established land use for which the permit was granted has ceased or has been suspended for twenty four (24) consecutive months. 2. Procedure: If a Site Development Permit is subject to revocation under subsection I(1), the City shall follow the procedures set forth herein. a. Notice: Notice of a hearing before the Planning Commission shall be provided in accordance with subsection C. b. Hearing: The Planning Commission shall conduct a public hearing to determine whether the permit shall be revoked and shall make findings that comply with subsection E. c. Appeal: The Planning Commission decision shall be subject to appeal in accordance with Section 9266. 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 3. New Application: Nothing herein shall prohibit the holder of a permit revoked pursuant to subsection I(1) (a) or (b) from applying for a new permit in accordance with the procedures for new applications. I. Renewal: Site Development Permits may be renewed for an additional period not to exceed one (1) year provided, prior to the expiration of the permit, an application for renewal is filed with the Planning Department. The application shall consist of a detailed letter explaining the reason(s) for the request. The Planning Director shall grant or deny an application to renew a Site Development Permit, and shall provide an explanation of his decision, in writing, to the applicant. The Planning Director's decision to approve a renewal shall generally be based upon a determination that all the circumstances associated with the original approval are substantially the same at the time of the renewal application. An appeal of the Planning Director's decision may be made to the City Council for a final decision. Any such appeal must comply with the requirements of Section 9266 of this Article. 9264: VARIANCE PROCEDURES: Variance applications and processing procedures shall be as follows: A. Application Filing and Submittal Requirements: Applications for Variances shall be made to the City Planning Department by filling out the required Variance application form, and submitting a detailed plot plan of the subject property, as well as surrounding land uses, elevation drawings, and any other project related information deemed necessary by the Planning Director. The appropriate filing fee must also be paid at the time of application submittal. B, Public Noticing Requirements: The City shall follow the public noticing procedures of the California Government Code. Failure of any person to receive mailed notice or failure to post notice shall not invalidate any proceedings conducted by the decision-making body. Unless in conflict with the provisions of the Government Code, notices of public hearings on applications for Variances shall be given at least ten (10) days prior thereto, by the following manner: 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 1. Publication in a newspaper of general circulation in the City. 2. Notices shall be mailed, using addresses from the latest equalized assessment roll, to all owners of property within a three hundred (300) foot distance of any boundary of the subject property, and to the project applicant or agent, as well as to the property owner of record. 3. Mailed or delivered at least ten (10) days prior to the hearing to each local agency expected to provide essential facilities and services which may be significantly effected. 4. The subject property shall be posted in three (3) locations ten days prior to the public hearing. ¢. Action on Variances: All applications for Variances shall be considered and acted upon by either the Zoning Administrator or the Planning Commission. 1. The Zoning Administrator shall review, conduct public hearings, and decide upon all minor Variance applications. 2. Appeals of the Zoning Administrator actions shall be heard by the City Council for a final decision. 3. The Planning Commission shall review, conduct public hearings, and decide upon all major Variance applications. 4. Appeals of the Planning Commission actions shall be heard by the City Council for a final decision. 5. At the discretion of the Planning Director, any Variance application may be directed to the Planning Commission for consideration and decision-making action. 6. Any Variance application which is reviewed by the Zoning Administrator or the Planning Commission may be approved, conditionally approved, or denied. D. Findings: Findings are required to grant a Variance. 1. The Zoning Administrator or Planning Commission, on the basis of the evidence 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 submitted at the hearing, may grant Variances from the requirements of this title when: a. Because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and subject to identical zoning regulations. b. The issuance of the Variance would not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and subject to identical zoning regulations. c. The grant of the Variance would not be detrimental to surrounding property owners. 2. The findings shall not be vague and conclusionary. The findings shall be sufficiently detailed to apprise a reviewing court of the basis for the action by bridging the gap between the evidence and the decision-maker's conclusions, and shall be based upon evidence contained in the administrative record. E. Conditions: Any Variance granted may be subject to such conditions as will assure that the adjustment authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and subject to identical zoning regulations. F, Effective Date: The Variance shall be deemed legally in effect when the appeal period has lapsed, unless a timely appeal is properly filed. If such an appeal is filed, the Variance shall be deemed legally effective upon final approval by the City Council. This date shall be so noted in the official Variance Permit application file and shall also be noted upon the issued Variance Permit and/or approval confirmation letter. G, Expiration and Revocation: The following provisions detail the Variance expiration and revocation process. 16 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 1. An approved Variance may be revoked through the City's revocation process if Variance project is not being conducted in compliance with the Variance as conditioned, or: a. If any project for which a Variance has been granted and issued is not established within two years of the Variance's effective date; or b. If the structure for which the Variance was granted is removed for a period of two (2) years. 2. Procedure: If a Variance is subject to revocation under subsection G(1), the City shall follow the procedures set forth herein. a. Notice: Notice of a hearing before the Planning Commission shall be provided in accordance with subsection B. b. Hearing: The Planning Commission shall conduct a public hearing to determine whether the permit shall be revoked and shall make findings that comply with subsection D. c. Appeal: The Planning Commission decision shall be subject to appeal in accordance with Section 9266. 3. New Application: Nothing herein shall prohibit the holder of a permit revoked pursuant to subsection G(1) (a) or (b) from applying for a new permit in accordance with the procedures for new applications. H. Renewal: Variances may be renewed for an additional period not to exceed one (1) year provided, prior to the expiration of the Variance, an application for renewal is filed with the Planning Department. The application shall consist of a detailed letter explaining the reason(s) for the request. The Planning Director shall grant or deny an application to renew a Variance, and shall provide an explanation of his decision, in writing, to the applicant. The Planning Director's decision to approve a renewal shall generally be based upon a determination that all the circumstances associated with the original approval are substantially the same at the time 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 of the renewal application. An appeal of the Planning Director's decision may be made to the City Council for a final decision. Any such appeal must comply with the requirements of Section 9266 of this Article. 9265: ZONING CODE TEXT, PLANNED DEVELOPMENT ORDINANCE, AND DISTRICT BOUNDARY AMENDMENTS: This text of this Chapter, the boundaries of zoning districts, or Planned Development Ordinances, may be changed whenever the public necessity, convenience, and general welfare require such amendment, or when corresponding changes are made to the City General Plan, by following the procedures set forth in this Article. A, Initiation of Amendments: An amendment to the text or maps may be initiated by: 1. The verified petition of one or more owners of property affected by the proposed amendment, which petition shall be filed with the Planning Department and be accompanied by a fee, if any, that has been established from time to time by Resolution of the City Council. 2. A minute order action of intention of the City Council or Planning Commission. 3. Planning Department staff for compliance with the City General Plan, or public health, safety, and general welfare. B. Application Filing and Submittal Requirements: Applications for zoning text, district boundary, and Planned Development Ordinance amendments shall be filed with the City Planning Department, and shall include a completed application form, filing fee, and any additional information, studies, plans, or documentation which might assist the Planning Department in better understanding the proposal or are requested by the Planning Director or his/her designee. C. Public Noticing Requirements: Notices of public hearings on zoning text, district boundary, and Planned Development Ordinance amendment applications shall be publicly noticed according to State law. 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 D. Action on Zoning Text, District, and Planned Development Ordinance AmendmentApplications: The Planning Commission shall hold at least one public hearing on any proposed zoning code text amendment and/or General Plan Amendment, and formulate a recommendation to the City Council. The Planning Commission's recommendation shall be advanced to the City Council for consideration at the next available City Council Meeting. The City Council shall conduct a public hearing, duly noticed according to State law, prior to taking a final action on the project. E. Findings. The City Council shall make findings supporting their action on Zoning Text, District, and Planned Development Ordinance Amendment applications, if advised to do so by the City Attorney. 9266: APPEALS: All determinations of the Zoning Administrator or the Planning Commission regarding minor discretionary planning permits, shall be final unless a written appeal, stating the reasons for the appeal, and the appeal fee, if any, established from time to time by City Council Resolution, are filed with the City Clerk within ten (10) days of the date the decision was made. Appeals may be filed by an applicant or any interested party. An interested party may appeal only if he or she appeared and stated his or her position during the hearing on the decision from which the appeal is taken. An appeal of the decision of the Zoning Administrator shall go to the City Council for a final decision. Such an appeal must be made in writing stating the reasons for the appeal, must include the appeal fee, if any, established from time to time by City Council Resolution, and must be filed with the City Clerk ten (10) days of the date the decision was made. The Planning Commission shall conduct a duly noticed public hearing on the appeal in accordance to the applicable procedures as set forth in this chapter. At the close of the public hearing, the City Council may affirm, reverse, revise or modify the appealed decision of the Zoning Administrator. 19 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 All City Council decisions on appeals of the Zoning Administrator's action are final for the City of Ukiah. All determinations of the Planning Commission regarding major discretionary planning permits, shall be final unless a written appeal, stating the reasons for the appeal, and the appeal fee, if any, established from time to time by City Council Resolution, are filed with the City Clerk, within ten (10) days of the date the decision was made. Appeals may be filed by an applicant or any interested party. An interested party may appeal only if he or she appeared and stated his or her position during the hearing on the decision from which the appeal is taken. An appeal of the decision of the Planning Commission shall go to the City Council for a final decision. The City Council shall conduct a duly noticed public hearing on the appeal in accordance to the applicable procedures as set forth in this Article. At the close of the public hearing, the City Council may affirm, reverse, revise or modify the appealed decision of the Planning Commission. All City Council decisions on appeals of the Planning Commission's action are final for the City of Ukiah. 9267,- PREZONING: The City may prezone unincorporated territory adjoining the City for the purpose of determining the zoning which will apply to such property in the event of subsequent annexation to the City. A, Public Notice Requirements: Public notice of both the Planning Commission and City Council hearings to prezone territory shall be published in a newspaper of general circulation published and circulated in the area to be prezoned, and if there is no such newspaper, the notice shall be posted in at least three (3) public places in the area to be prezoned. Written notice of both the Planning Commission and City Council hearings shall be mailed to the owners of the property within a radius of three hundred feet (300') of the exterior boundaries of the property which is the subject of the application, using for such purpose the 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 name and address of such owners as shown upon the current assessment roll of the county. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection is greater than 1000, the City, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation in the community at least ten (10) days prior to the hearing. Contents of the advertisement shall be pursuant to the Government Code. The failure of any person to receive such notice shall not invalidate the proceedings. B. Action on Prezoning: The City Planning Commission shall conduct a public hearing to consider a proposal for prezoning territory. The Commission shall formulate a recommendation to the City Council. The City Council shall also conduct a public hearing to consider the prezoning proposal, and shall render a decision accordingly. ¢. Effective Date: The ordinance prezoning a territory shall become effective upon the effective date of the ordinance or resolution annexing such territory to the City. 9266: ZONING ADMINISTRATOR: There is hereby created in the Planning Department, the office of the Zoning Administrator. The Zoning Administrator shall be the Planning Director or his/her designated representative. A. Function and Duties: The function of the Zoning Administrator is to achieve improved coordination in the administration of the Zoning Code: to increase the efficiency of the zoning enforcement proceedings; to reduce the time required in processing applications for the minor discretionary planning permits; and to relieve the Planning Commission of certain routine functions in order that it may give its attention to its primary responsibility of comprehensive community planning. B. Authority: The Zoning Administrator shall have the authority and it shall be a duty of this office to conduct public hearings, and to make determinations regarding minor Use Permits, Site Development Permits, Variances, modifications of conditions of approval, minor 21 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 changes to previously approved projects, and other minor zoning matters as determined by the City Planning Director. C, Action by the Zoning Administrator: The Zoning Administrator shall make findings and approve, conditionally approve, or deny minor Use Permits, Site Development Permits, Variances, and other discretionary zoning matters. The Zoning Administrator shall have the authority to impose conditions of approval as provided for in this Chapter. D. Referral to the Planning Commission: The Zoning Administrator may refer any application for a Use Permit, Site Development Permit, Variance, or any other zoning matter to the Planning Commission for public hearing. E. Appeals: All decisions made by the Zoning Administrator are appealable to the City Council for a final decision as provided for in this Chapter. 22 AGENDA SUMMARY ITEM NO. 6d DATE: OCTOBER 15, 1997 REPORT SUBJECT: ADOPT RESOLUTION ESTABLISHING THE SCHEDULE OF FEES AND RATES FOR GARBAGE AND RECYCLING COLLECTION SERVICES FOR THE 1997/98 FISCAL YEAR The provisions of the City's franchise agreement with Solid Wastes Systems, Inc., for the collection, transportation and disposal of garbage and the recycling of recyclable materials within the City limits of Ukiah requires that an annual adjustment be made to the garbage and recycling collection rates. This adjustment is made by applying a rate factor equal to 75% of the change in the U. S. Department of Labor, Bureau of Statistics, Consumer Price Index (CPI), U. S. Cities Average, March to March (Contract CPI) for the two consecutive years following the rate adjustment conducted on or about July 1, 1995, unless the City Council should determine otherwise at any rate hearing conducted pursuant to the Ukiah City Code (UCC) Sections 3950-3957. Every third year, the City Council shall conduct a rate hearing pursuant to UCC Sections 3950-3957 to determine what, if any, adjustment should be made to the garbage collection and recycling rates taking into consideration the annual audits of the contractor's operations and all other factors deemed relevant by the City Council. The 1997/98 fiscal year is the second year following the adjustment made effective July 1, 1995 (fiscal year 1995/96), and, therefore, it is required that the automatic annual adjustment based on the Contract CPI be made to the garbage collection and recycling rates which are to be effective from July 1, 1997 to June 30, 1998. CONTINUED ON PAGE 2 RECOMMENDED ACTION: Adopt the Resolution establishing the schedule of fees and rates for garbage and recycling collection services for the 1997/98 fiscal year. ALTERNATIVE COUNCIL POLICY OPTIONS: Determine that a rate hearing pursuant to UCC Section 3950-3957 is justifiable and direct Staff to initiate proceedings. Appropriation Requested: N/A Citizen Advised: N/A Requested by: Rick H. Kennedy, Director of Public Works/City Engineer Prepared by' Rick H. Kennedy, Director of Public Works/City Engineer Coordinated with: Candace Horsley, City Manager Gordon Elton, Director of Finance Attachments: 1. Resolution. 2. Letter of Request for Automatic increase and Consumer Price Index. 3. Franchise Agreement. 4. UCC Sections 3950 - 3957. 5. Comparison of new rates with current rates. APPROVED: ~ Candaoe~Horsley, City Manager R:I\LANDFILL:kk ARATES.4 Adopt Resolution Establishing the Schedle of Fees and Rates for Garbage and Recycling Collection Services for the 1997/98 Fiscal Year October 15, 1997 Page :2 The increase in the Contract CPI from March 1996 to March 1997 is 2.8% creating an adjustment factor of 2.1% which is to be applied to the garbage collection and recycling rates and fees of the previous fiscal year. In addition, to the 2.1% increase, a 0.46% adjustment factor is added to offset the increased franchise and billing charges Solid Wastes Systems, Inc., will incur with the increase in gross revenue by reason of the automatic increase, creating a composite adjustment factor of 2.56%. Because the adjusted collection and recycling rates which are to be effective July 1, 1997, will not be applied to customer billings until November 1, 1997, for services rendered in October, it is appropriate that temporary adjustments of 0.70% and O. 15 % be added to the composite adjustment factor of 2.56% to offset revenue lost during the first three months of the current fiscal year during which the new adjusted fees and rates were not utilized. The temporary adjustment of 0.70% is the three month makeup for the 2.1% CPI adjustment and the 0.15% is the three month makeup for the 0.46% franchise and collection billing adjustment. These temporary adjustments will not be effective after June 30, 1998. Pursuant to the provisions of the Refuse Collection and Recycling Franchise Agreement, staff recommends adoption of the attached resolution which increases the previous fiscal garbage collection and recycling fees and rates by the total adjustment factor of 3.41%. R: 1 \LAN DFILL ARATES.4 1 5 6 ? 9 10 11 12 13 14 15 16 18 19 20 0.3 2~ 25 27 RESOLUTION NO.~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING THE SCHEDULE OF FEES AND RATES FOR GARBAGE AND RECYCLING COLLECTION SERVICES FOR THE 1997/98 FISCAL YEAR WHEREAS, the City Council, under terms of its franchise agreement with Solid Wastes Systems, Inc., must adjust garbage and recycling collection fees and charges for the 1997/98 fiscal year using an automatic rate adjustment based on a 75% change in the U.S. Department of Labor, Bureau of Statistics, Consumer Price Index, U.S. Cities Average, March to March (Contract CPI); and WHEREAS, the agreement further stipulates that such adjustment shall be made effective July 1; and WHEREAS, the City Council has determined that Solid Wastes Systems, Inc. is entitled to receive a net annual increase of 75% change in the Contract CPI after billing and franchise fees are deducted; and WHEREAS, the increase in the Contract CPI from March 1996 to March 1997 was 2.8%, creating a base increase in garbage rates of 2.1% to which is added a .46%. increase to cover the increased franchise and billing charges Solid Wastes Systems, Inc. will incur with the increase in gross revenue, for a composite increase of 2.56%; and WHEREAS, the rate increase will not be effective until November 1, 1997 for services provided in October, and therefore, it is appropriate that the percentages of 0.70% and 0.15% be added to the composite increase of 2.56% for a total increase of 3.41% to compensate Solid Wastes Systems, Inc., for the three month delay in the application of the automatic increase. Said percentages 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 of 0.70% and 0.15% are temporary and shall not be applied to the garbage and recycling collection fees and charges after June 30, 1998. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts the rate structure set forth in Attachment "A" attached hereto and made a part of this resolution. BE IT FURTHER RESOLVED that the rate schedule adopted by this Resolution shall be effective for all bills issued on or after November 1, 1997. All prior rate schedules in conflict herewith are repealed upon the effective date of the new schedule. All other contract conditions for service remain unaltered and in full effect and the City Clerk shall cause the publication of this resolution in the Ukiah Daily Journal within 10 days following Council action pursuant to the provisions of Section 3957 of the Ukiah Municipal Code. PASSED AND ADOPTED this day of October, 1997 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Sheridan Malone, Mayor ATTEST: Colleen B. Henderson City Clerk R:I~RES1 RATES.4 SCHEDULE OF FEES AND RATES FOR GARBAGE AND RECYCLING COLLECTION SERVICES FOR THE 1997198 FISCAL YEAR Resolution # Attachment # GARBAGE RATE CALCULATION 1997 Rate New Code Volume Rate RESIDENTIAL Curb Service GA1 1-10gal $ 3.14 GA10 1-20gal 6.62 GA2 1-30gal 11.90 GAll 2-20gal 16.10 GA12 3-20gal 24.58 GA3 2-30gal 24.81 GA13 4-20gal 33.07 GA4 3-30gal 37.49 GA8 4-30gal 55.13 Pack-out Service GA20 1-10gal $ 4.85 GA14 1-20gal 8.32 GA5 1-30gal 14.55 GA15 2-20gal 20.18 GA6 2-30gal 30.21 GA16 3-20gal 31.97 GA17 4-20gal 44.09 GA7 3-30gal 46.80 GA9 4-30gal 64.50 Remote Area Service (BGR - small truck service) GA74 1-10gal $ 11.90 GA70 1-30gal 22.33 GA71 2-30gal 45.86 GA72 3-30gal 69.35 GA73 4-30gal 93.05 Miscellaneous Service GA30 -105gal $ 47.52 COMMERCIAL Commercial can or totter service shall be charged at residential rates shown above. 1-1yd $ 68.25 All other sizes: Rate per yard perweek $ 53.77 GARATE97.XLS Page 1 Sheet1 SCHEDULE OF FEES AND RATES FOR GARBAGE AND RECYCLING COLLECTION SERVICES FOR THE 1997/98 FISCAL YEAR Resolution # Attachment # A GARBAGE RATE CALCULATION 1997 Rate New Code Volume Rate EXAMPLES OF COMMERCIAL RATE: 1 yard bin - picked up 1 time per week = 1 yard @ $68.25 = $68.25 per month 2 yard bin - picked up 4 times per week = 8 yards @ $53.77 = $430.16 per month DROP BOXES Special 3-day rental 3 yard box per dump $ 96.20 includes tipping fee Weekly - 7-day rental 10 yard box per dump 15 yard box per dump 20 yard box per dump 30 yard box per dump 40 yard box per dump $ 82.70 Plus tipping fee $ 82.70 Plus tipping fee $ 82.70 Plus tipping fee $ 82.70 Plus tipping fee $ 82.70 Plus tipping fee Additional $10.00 fee for retaining drop box more than 7 days. Compactors 6 yard compactor $ 239.90 12 yard compactor $ 361.90 25 yard compactor $ 588.40 Special Services - Call-in pickup and disposal Appliances $ 15.50 Plus tipping fee Tires (up to 4 automobile or motorcycle sized tires on regular garbage collection route) $ 3.20 each Tires (5 or more automobile or motorcycle sized tires, special trip) $ 15.50 Plus tipping fee Large truck sized tires $ 15.50 Plus tipping fee (special trip) Furniture and Other Items (special trip) $ 15.50 Plus tipping fee Locking bin $ 20.70 one-time setup charge Special service rates may be established based on the current disposal charge plus equipment an labor cost. Such rates shall be approved by the City Manager with ratification by the City Council. GARATE97.XLS Page 2 Sheet1 SCHEDULE OF FEES AND RATES FOR GARBAGE AND RECYCLING COLLECTION SERVICES FOR THE 1997/98 FISCAL YEAR Resolution # Attachment # GARBAGE RATE CALCULATION 1997 Rate Code Volume Commercial rate by use code I 1-30gal (GA2) 2 2-30gal (GA3) 3 3-30gal (GA4) 4 4-30gal (GA8) 5 5-30gal 6 6-30gal 7 7-30gal 8 8-30gal 10 10-30g al 11 4-30gal, 2VV 12 4-30gal yard (GA30) 13 11-30gal 14 1-20gal (GA10) 15 1-10gal (GA1) 16 2-20gal (GA11) 17 2-30gal yard (GA6) 18 3-30gal yard (GA7) 19 5-30gal yard 23 2-30gal 2W 24 3-30gal 2W 25 2-30gal 3VV 26 1-30gal 3VV 32 3-30gal 3VV 100 Drop boxes 101 1-yd 102 1.5-yd 103 2-yd 106 2-yd+2-30gal 107 3-yd 108 6-yd 109 6.5-yd 111 10-yd 112 12-yd 113 5-yd 114 1.5yd+l-30gal 115 1-yd+l-30gal 117 3.5-yd 118 4-yd 119 2-Tote+4-30gal 120 5.5-yd 121 24-yd 202 1.5-yd2W 203 2-yd 2W 2O4 3-yd 2VV 205 4-yd 2VV 206 6-yd 2W 207 8-yd 2W 215 4-yd 1VV+4yd 2W 217 2-yd 1W+l.5yd 2VV 218 1.5-yd 1W+4yd 1VV GARATE97.XLS Page New Rate 11.90 24.81 37.49 55.13 67.03 79.94 92.61 110.26 135.06 110.26 64.50 147.74 6.62 3.14 16.10 30.21 46.80 79.05 49.62 74.97 74.42 35.71 112.46 - 68.25 80.66 107.55 132.35 161.32 322.64 349.53 537.73 645.28 268.87 92.56 80.15 188.21 215.09 150.16 295.75 1,290.56 161.32 215.09 322.64 430.19 645.28 860.37 645.28 268.87 295.75 Sheet1 SCHEDULE OF FEES AND RATES FOR GARBAGE AND RECYCLING COLLECTION SERVICES FOR THE 1997/98 FISCAL YEAR Resolution # Attachment # GARBAGE RATE CALCULATION 1997 Rate New Code Volume Rate 221 13.5-yd 2W 1,451.88 224 2-yd 4W+6yd 2W 1,075.46 225 2-yd 2W+4yd 3VV 860.37 226 4.5-yd 2W 483.96 227 2-yd 1VV+3-yd 2VV 430.19 302 1.5-yd 3VV 241.98 303 2-yd 3W 322.64 304 2-yd 2VV+4-yd 3VV 860.37 305 1.5-yd 2VV+2-yd 3VV 483.96 306 3.5-yd 3W 564.62 307 4-yd 3VV 645.28 308 4-yd 3W 645.28 309 3.5-yd 2W+4-yd 3VV 1,021.69 310 2-yd 2W+2-yd 3VV 537.73 402 1.5-yd 4W 322.64 403 2-yd 4VV 430.19 407 4-yd 4W 860.37 410 2-yd 2W+2-yd 4W 645.28 411 1.5-yd 2W+l.5-yd 4W 483.96 502 1.5-yd 5W 403.30 503 2-yd 5VV 537.73 504 3-yd 5VV 806.60 505 7-yd 5VV 1,882.06 523 4-yd 5W 1,075.46 524 2-yd 2W+4-yd 5W 1,290.56 602 1.5-yd 6VV 483.96 603 2-yd 6VV 645.28 604 1.5-yd 2W+2-yd 6VV 806.60 605 1.5-yd 4W+l.5-yd 2W 483.96 606 4-yd 6W 1,290.56 607 2-yd 2W+4-yd 6W 1,505.65 608 6-yd 6W 1,935.84 615 8-yd 6W 2,581.11 616 3.5-yd 2W+2-yd 6W 1,021.69 901 2-yd 3VV+2-yd 6W 967.92 902 6-yd 2W+4-yd 6W 1,935.84 903 2-yd+3.5-yd 2VV+4-yd 6VV 1,774.52 904 2-yd 3W+4-yd 6W 1,613.20 905 1.5-yd 2W+4-yd 6W 1,451.88 906 7-yd 6W 2,258.47 907 1.5-yd 1VV+5.5-yd 6W 1,855.18 908 2-yd 2W+2-yd 6W 860.37 950 105gal toter (GA30) 47.52 960 2-105gal toter 95.03 970 1-105gal+1-30gal 59.42 980 21-yd monthly 1,129.24 985 24-yd monthly 1,290.56 990 18-yd monthly 967.92 995 14-yd monthly 752.82 Rate code 100 - drop boxes - see separate Drop Box rate section GARATE97.XLS Page 4 Sheet1 Solid Wastes Systems, Inc. P.O. Box 60 · Ukiah, CA 95482 Tel: (707) 462-8621 · Fax: (707) 462-0112 September 5, 1997 Rick H. Kennedy Director' of Public Works City of Ukiah 300 Seminary Ave. Ukiah, CA 95482 Dear Rick, Item number 4 of the agreement between Solid Wastes Systems and the City of Ukiah dated March 23, 1992 allows for an automatic rate adjustment based on 75% of the Cons,J~er Price Index, U.S. City Average, March to March, annually every two years. l~erefore, Solid Wastes Systems is hereby requesting that all rates currently charged be increased by 2.1% to reflect the change in the Contract CPI. I have attached a copy of the CPI chart provided by the U.S. Department of Labor for your reference. If you have any questions, please give me a call at 462-8621. Si~erely,~ 8olid Wastes 8¥ste~ c_ Jim Salyers ~ Printed on Recycled Paper CONSUMER PRICE INDEXES PACIFIC CITIES AND U. S. CITY AVERAGE ALL ITEMS INDEXES (1982-84=100 unless otherwise noted) MARCH 1997 ALL URBAN CONSUMERS INDEXES MO~]THLY ~1ATA MAR. FF~B. MA/~. 1996 1997 1997 U. S. City Average ............. 155.7 159.6 160.0 (1967m100) ................ 466.5 478.2 479.3 Los Amgeles-Anaheim-Riverside.. 157.3 159.2 159.8 (1967m100) ................ 464.8 470.3 472.2 Ban Francisco-Oakland-San Jose. 152.9 157.9 159.2 (1967-100) ................ 470.0 485.3 489.3 West .................... . ...... 156.4 160.1 160.8 (Dec. 1977 - 100) ........ 252.9 258.7 259.9 West - A ..................... 156.6 160.1 160.9 (Dec. 1977 = 100) ........ 255.4 261.0 262.A West - C ..................... 161.4 165.4 166.3 (Dec. 1977 = 100) ........ 250.4 256.5 257.9 PERCENT CHA~E Year i Month ending en~ing FEB. MAR. MAR. 1997 1997 1997 3.0 2.8 0.3 - _ _ 1.9 1.6 0.& _ 3.1 4.1 0.8 _ _ _ 2.8 2.8 0.4 _ _ 2.7 2.7 0.5 - _ _ 2.9 3.0 0.5 _ _ _ URBAN WA~E F2tRNERS ARD CLERICAL WORKERS INDEXES MAR. FEB. MAR. 1996 1997 1997 ~52.9 156.8 157.0 455.6 467.0 467.8 151.9 153.6 154.2 449.0 453.9 455.7 150.7 155.0 156.2 458.9 472.0 475.6 153.4 156.8 157.4 246.9 252.2 253.3 152.1 155.2 155.9 246.2 251.2 252.3 158.2 162.1 163.1 244.0 250.1 251.5 PERCENT CHAN~E Year i ~nth ending e~ing nB. MAR. MAR. 1997 1997 1997 3.0 2.7 0.1 - _ _ 1.8 1.5 0.4 - _ _ 3.0 3.6 0.8 _ _ _ 2.7 2.6 0.A - _ _ 2.6 2.5 0.5 - . 2.9 3.1 0.6 - _ Bize classes: A - 1,250,000 and over, B - Not available for West, C = 50,000 to 330,000, D m Not available for West. Release ~te A~ril 15, 1997. For more information call (415) 975-4350. CPI 24 hour hotline numbers for the pacific cities are al follows~ Anchorage (907) 271-2770 Los Angeles (310) 235-6884 Samm Diego (619) 557-6538 Seattle (206) 553-0645 Honolulu (808) 541-2808 Portland (503) 231-2045 San Francisuo (415) 975-A406 CONTRACT F.)R COLI.ECTION, TRANSPORTATION AND DISPOSAL OF G,k/tBAGE, REFUSE, AND RUBBISH, AND RECYCLING OF RECYCIABLE MATERIALS FROM WITHIN THE CITY OF UKIAH This Agreement is entered into on March 23 , 1992., in Ukiah, California by and between the City of UMah, a municipal corporation with its principal place of business located at 300 Seminary Avenue, Uldah, California 95482 ('City"), and Solid Wastes Sys- tems, Inc., a California corporation with its principal place of business located at 940 Waugh Lane, Ukiah, California 95482 ("Contractor"). In consideration of the mutual promi.~es contained herein, the parties hereby agree as follows: 1. FRANCHISE Contractor is hereby granted the sole ~d exclusive fight and franchise to collect, transport and dispose of refuse, garbage and rubbish, and to recycle recyclable materials generated by all sources within the corporate limits of the City of Uldah, in accordance with the provisions of the. .Ukiah Municipal C~de and state law for the term specified in Ar- ticle 2 hereof. Enforcement of such exclusive right, where requested by the Contractor, shall be at Contractor's expense. 2. TERM OF THE CONTRACT · The term of this agreement, shall be for ten (10) years commencing on Apr~.l I , 1992, and terminating at mid,ight on March 31 ,2002, unless terminated earlier pur- suant to paragraph 20 herein; prov-;ded, however, that at the end of said ten year term, the agreement shall be extended for an additional term of five (5) years on the same terms and conditions, unless either party gives notice of termination ninety (90) days prior to midnight March 31, 2002. At the election of Contractor and with the concurrence in writing of City, this Agreement can be extended for such additional term or term~ as the parties shall agree. 3. AGREEMENT TO PE_RFORM WORK Contractor agrees to perform the work of collecting, transpor~g and disposing of all refuse, garbage and rubbish generated by all sources within the corporate City limits of the City of UkialL, said collection being mandatory as to residential units, all in the manner, at the t_imes and under the rules and conditions set forth in the Specification dated Septem- ber 14, 1974, a copy of which is attached hereto, designated Exhibit 'A' and incorporated herein by reference as if fully set forth. Contractor further agrees to comply with the condi- tions of Chapter 5 of Division 5 of the Municipal Code. Section 15 of the aforementioned specifications is modified hereby to provide that the rates shall be as set forth in Exhibit attached hereto and made a part hereof by this reference or as may be modified in accor- dance with this Agreement hereafter. Contractor just received a rate adjustment expected to be effective until June 1993. Beginning July 1, 1993, Contractor shall be paid based on rates that will increase each year for the next two years by an amount equivalent to 75% of the percentage change from the previous year in the U.S. Department of Labor ("DOL'), Bureau of Statistics, Consumer Price Index ('CPI"), U.S. Cities Average, March to March ('Contract CPI"). In addition, the City shall add to the garbage rate any amounts necessary to fully compensate the Con- tractor for any increase in the gate fee charged to the Contr&~or for disposing of refuse at the City owned landfill. Prior to the third year, commencing on July 1, 1995, the City Coun- cil shall conduct a rate hearing pursuant to UCC sections 3950-3957 to determine what, if any, adjustment should be made to the garbage collection rates in the third or subsequent years, taking into consideration the annual audits of the Contractor's operations and all other factors deemed relevant by the City Council. Thereafter, unless the City Council should determine otherwise at any rate hearing conducted pursuant to Ukiah City Code (UCC) sections 3950-3957, the rates shah autoumaticaHy increase annually every two years by the Contract CPI and any hlcrease in the gate fees charged to the Contractor at the landfill. The City Council shall conduct a rate he.axing in every third year pursuant to UCC sections 3950-3957. 5. FRANCHISE PAYMENTS Contractor agrees to pay to City as and for the fights granted hereunder an amount equal to fifteen percent (15%) of the Contractor's annual gross revenue from Contractor's operation under this Contract. Section 13 of Exhibit 'A' is incorporated herein as if fully set forth. 6. GARBAGE COLLECTION BILLING City has responsibility for all residential and commercial garbage collection billing. The City shall receive a fee of three percent (3%) of the said amounts billed and collected for this service, all in accordance with Section 12 of Exhibit 'A". 7. COLLECTION OF STREET CONTAINERS A. Contractor shall make regular collections from all City-owned street refuse con- tainers in the downtown area located on public streets or sidewalks without charge to City. The City shall maintain all its refuse containers in the downtown area. B. Contractor shall provide collection and recycling services and recycling con- tainers to the City and all properties owned by the City free of charge. Contractor shall maintain in good condition all recycling containers provided to the City without charge to the City. 8. SCOPE OF RECYCLING SERVICES A. Curbside Recycling. Under a Recycling Service Manager, Contractor shall per- form curbside recycling services in the City of Uldah as follows: (i) Collection. From all residential units that receive individual can garbage service Contractor shall collect and remove all Recyclable Materials, which are segregated and placed in or adjacent to recycling containers at the curbside on public streets and from commercial and ~nulti-family residential customer shall collect and remove all Recyclable Materials which are segregated and placed in recycling containers at a location mutually acceptable to the City and Contractor. In addition, Contractor shall separately collect all yard waste set out for collection by residential or commercial customers on the usual col- lection day, provided that the yard waste is placed in a container clearly identifiable as con- taining yard waste, or, in the case of branches, cut to lengths of four feet or less and neatly bound together. (ii) Rccyclable Materials Defined. For the purposes of this Agreement, Recyclable Materials has the meaning provided in UCC Section 4480 K, 1-6 and includes yard waste. 'Yard waste" means yard waste which consists of discarded natural vegetative substances suitable for decomposition into a usable agricultural soil amendment, as deter- mined by the City Manager or his or her designee, not including household food waste. (iii) Time of Collection. Contractor shall collect the Recyclable Materials placed at the curbside for collection once each week, regardless of weather conditions. To the extent possible, collection will be on the same day of the week as garbage collection service. Collection schedules need not be maintained on the following holidays: January 1, Thanksgiving, and December 25. Collection which would normally occur on such holidays shall be rescheduled as mutually agreed upon by Contractor and City's Recycling Coor- dinator. (iv) Container Purchase and Distribution. (1) Residential containers. Contractor shall purchase, at Contractor's sole cost and expense, and shall distribute one set of recycling containers to all residential units. Residential containers are described in Exhibit C entitled 'Recycling Containers", at- tached hereto and incorporated herein by this reference, or other similar containers mutually agreed upon by Contractor and City's Recycling Coordinator. Following the dis- tribution of containers as provided herein, Contractor shall not be required to purchase or provide additional recycling containers unless requested to do so by the City's Recycling Coordinator. The ownership of the recycling containers purchased by Contractor under this Agreement shall be and remain with Contractor, unless this Agreement is terminated as provided in paragraph 20. (2) Commercial and multi-family u__nit container~. Contractor shall provide suitable recycling containers for all commercial, roll-off box and multi-family gar- bage customers ~io accomodate all Recyclable Materials as further provided herein. (a) Small quanti _ty containers. For small quantities of Recycl- able Materials, the commercial recycling containers may be the same as those used for single-family residences and shall be provided to commercial customers on the same terms as they are provided to residential customers under subsection 8.A (iv)(1). (b) Large quantity_ containers, For larger quantities of Recycl- able Materials, including yard waste, the commercial or multi-family recycling containers shall be wheeled plastic containers, dedicated recycling dumpster-type containers, sec- tioned dumpster-type containers, or other container systems approved by the City Recy- cling Coordinator. For these types of containers, the Contractor may charge a monthly rental fee not to exceed the actual cost of providing and maintaining the container. The Contractor shall provide the City with a current list of such rental charges. After the An- nual Audit due March 15, 1993, the City Council may consider whether and shall have the right to require the Contractor to use all or part of the income received from the sale of Recycled Materials collected from commercial customers to reduce the rental charge for large quantity commercial recycling containers. (v) Replacement of Confiners. The parties acknowledge that from time to time a customer may damage or destroy the small quantity recycling containers supplied by Contractor. City agrees that it will encourage the customer to replace said recycling con- tainers at the expense of the customer. To this end, Contractor shall make sets of three (3) such recycling containers available for purchase by any customer at a price not to exceed Contractor's actual cost for such containers. The parties also acknowledge that from time to time containers may be stolen from the curb. When notified of such occurrence, Con- tractor shall replace up to one set of three (3) containers per year for any one customer, at no charge to the customer. (vi) Transportation of Materials. Contractor shall transport recyclable materials to a central location approved by the City Recycling Coordinator for sorting and preparation for sale or recycling. Unless approved by the Recycling Coordinator, it shall constitute a material breach and grounds for termination of this Agreement for Contractor to dispose of any recyclable materials at a landfill or in any other fashion that does not guarantee the recycling of the collected materials. (vii) Labor and Costs. Contractor shall, at its sole cost and expense, except as otherwise provided herein, furnish all labor and equipment required to perform curbside collection pursuant to this Agreement. (viii) Missed Pick-ups. In case of a missed pick-up called in by a resident, Contractor shall collect the Recyclable Materials from such resident within twenty-four (24) hours. All calls relating to missed pick-ups shall be logged in by Contractor and such log shall be available for inspection by City. If the missed pick-up was caused by the cus- tomer, the cost of the subsequent collection may be charged to the customer. B. l~blic Awareness Pro_ffram. Contractor shall develop and implement that por- tion of the Public Awareness Program designated "Contractor's Responsibilities" described in Exhibit D, entitled "Public Awareness Program", attached hereto and incorporated herein by this reference. C. Reports. Contractor shall file with the City written reports of Contractor's per- formance under this Agreement as more particularly set forth in Exhibit E, entitled "Reports", attached hereto and incorporated herein by this reference. D. $a1¢ of Recy_ clable Materials. Contractor shall sell all Recyclable Materials col- lected from the curbside by Contractor pursuant to this Agreement at fair market value. Revenue obtained from such sales shall be retained by Contractor but shall be considered by the City Council as off-setting income, when the City Council conducts rate hearings as provided in paragraph 4 of this Agreement and sets rates for refuse collection and recy- cling. E. Expansion of Program. Contractor and the City shall continue developing and implementing plans and schedules for expanding the recycling program in connection with the development of a waste management plan under Chapter 1095 of the Statutes of 1989 CAB 939"). 9. SCHEDULE OF PERFORMANCE Contractor shall perform those services set forth in Section 8 of this Agreement in accordance with a schedule to be established by the City Manager or his designee after consultation with the Contractor. In the event unforeseen circumstances arise which would cause a delay in performance, said Schedule of Performance may be modified accordingly by the mutual written agreement of City and Contractor. City's Recycling Coordinator is authorized to modify said Schedule of Performance on behaff of City. 10. CITY'S RESPONSIBILITIES .a~ Public Awareness Pro,am. City shall participate in the Public Awareness Program as provided in Exhibit D of this Agreement. B. Protection of Materials. City agrees to take such steps as it deems necessary to protect Contractor's ownership of all Recyclable Materials placed at the curbside for col- lection by Contractor under the terms of this Agreement, including enforcement of its anti-scavenging ordinance (Ordinance No. 893). Any enforcement at Contractor's request shall be at Contractor's expense. MISCE~OUS PROVISIONS 11. PERSONAL EOUIPMENT Contractor shall acquire, provide, maintain and repair at its sole cost and expense such equipment, materials, supplies, etc. as Contractor needs for its use for the proper con- duct of the aforesaid services which are not simply tools and other instrumentalities provided customarily by employees. 12. COMPLIANCE Contractor, in the conduct of the services contemplated hereunder, shall comply with all statutes, State or Federal, and all ordinances, rules and regulations enacted or issued by the City Council of the City of Ukiah. 13. INDEPENDENT CONTRACTOI~ Both parties hereto in the performance of this agreement will be acting in an inde- pendent capacity and not as agents, employees, parmers, or joint ventures of one another. Neither Contractor nor its employees are employees of City and are not entitled to any of the rights, benefits or privileges of City employees including, but not limited to, medical or workers' compensation insurance furnished by City. The parties intend to and have en- tered into a bona fide independent contract and nothing herein is a subterfuge to avoid making the Contractor an employee of the City. Contractor agrees to provide its employees with all legally required benefits and to withhold from their wages all taxes as required by law. Contractor agrees to indemnify and hold City harmless from and against any claim for unpaid taxes or benefits which are based in whole or in part on a claim that Contractor's employees are City's employees. 14. HOLD HARMLESS To the maximum extent permitted by law Contractor shall assume the defense of, and indemnify and save harmless, the City and each and every officer, employee and agent thereof from all suits, actions, damages, claims, or loss of every name and description to which the City may be subjected or put because of or arising out of Contractor's perfor- mance under this Agreement. Contractor shall have no duty to indemnify City for claims of damage caused by the active and sole negligence of City and its officers or employees. In providing the indemnification of City provided in this Agreement, Contractor agrees to provide for all costs of any necessary legal defense including, but not limited to, expert wit- ness fees and other litigation expenses, and all attorneys' fees incurred in defending or deemed by City necessary to defend any claim, whether actually filed in any court or not. 15. INSURANCE REOUIREMENTS Contractor shall comply with the in.~urance requirements contained in the attached Exhibit F which is incorporated herein by reference. 16. AUDIT Contractor shall maintain full and accurate books of account for its operations un- der this Agreement in accordance with generally accepted accounting principles, at its principal office located at 940 Waugh Lane, Ukiah, California, and the City, its officers, agents or employees shall have the fight to inspect and examine all such books and support- ing records during normal business hours. Contractor shall provide the City with an annual audit of Contractor's books and records pertaining to all the operations covered by this Agreement, on or before March 15 of each year. The audit shall cover the audit period January 1 to December 31. The audit shall be prepared by an independent Certified Public Accountant satisfactory to both parties, and shall be paid for by Contractor. The auditor shall prepare a report with opinions showing the income, expenses, liabilities, and assets of the operations covered by this Agreement in accordance with generally accepted account- ing principles. Each year's audit and report shall be submitted to the City Manager or other person designated by him or her for his/her review. The report shall include a separate schedule of all income and expenses of the recycling operations. 17. ASSIGNMENT The Contractor shall not directly or indirectly, voluntarily or involuntarily assign, mortgage, pledge, or encumber any interest in all or part of this contract and shall not transfer any controlling stock or ownership interest in Solid Wastes Systems, Inc. or take any other action which would result in any individual or entity other than Contractor as it existed on the effective date of this Agreement providing services hereunder without the prior written consent of the City Council. The City Council shall have the right to deter- mine in its sole discretion whether to approve, conditionally approve or deny any request by Contractor for approval under this paragraph. Any action requiring City Council ap- proval under this paragraph that occurs without such approval shall give City the right to terminate this Agreement without prior notice to Contractor or its successors or assigns. 18. INSOLVENCY OF CONTRA~OR-~~INA~ON OF AGRF. EMENT Either the appointment of a receiver to take possession of all or substantially all of the assets of Contractor, or a general assignment by Contractor for the benefit of creditors, or any action taken by or suffered by Contractor under any insolvency or bankruptcy act shall constitute a breach of this Agreement by Contractor and shall, at the option of City, provide it with the right to terminate this Agreement without prior notice to Contractor or its successors or assigns. 19. pERMITS AND LICENSES Contractor, at its sole expense, shall obtain and maintain throughout the term of this Agreement all permits, licenses and approvals necessary or required for Contractor to per- form the work and services described herein, including, but not limited to, a business license from the City. 20. TERMINATION A. Except as otherwise specifically provided elsewhere in this Agreement, in the event Contractor materially defaults in the performance of any of the material covenants or agreements to be kept, done or performed by it under the terms of this Agreement, City shall notify Contractor in writing of the nature of such default. Within thirty (30) days fo1- lowing such notice: (i) Contractor shall correct the default; or (ii) In the case of a default not capable of being corrected within thirty (30) days, Contractor shall commence correcting the default within thirty (30) days of City's notification thereof, and thereafter correct the default with diligence. B. If Contractor fails to correct the default as provided above, City, without further notice, shall have all of the following rights and remedies which City may exercise singly or in combination: (i) The fight to declare that this Agreement together with all rights granted 10 Contractor hereunder are terminated, effective upon such date as City shall designate; (ii) The fight to license others to perform the services otherwise to be per- formed by Contractor hereunder, or to perform such services itself; and (iii) The fight to rent or lease the equipment from Contractor for the pur- pose of collecting, transporting and processing garbage and/or recyclables which Contrac- tor is obligated to collect, transport and process pursuant to this Agreement, for a period not to exceed eighteen (18) months. In the case of equipment not owned by Contractor, Contractor shall assign the City, to the extent Contractor is permitted to do so under the in- strument pursuant to which Contractor possesses such equipment, the right to possess the equipment. If City exercises its fights under this subsection B, City shall pay the Contractor the reasonable rental value of the equipment so taken for the period of the City's posses- sion thereof. (iv) The right to mediate possession and ownership of all containers furnished by Contractor under paragraph 8A(iv). The City shall pay Contractor for such containers the lesser of fair market value or an amount computed as follows: divide the purchase price of the containers by 144 and multiply the result by the number of full months that have elapsed since February 15, 1990, at the date Contractor's right to perform under this Agreement is terminated. C. In the event City materially defaults in the performance of any of the material covenants or agreements to be kept, done or performed by it under the terms of this Agree- ment, Contractor shall notify City in writing of the nature of such default. Within thirty (30) days following such notice: (i) City shall correct the default; or (ii) In the case of a default not capable of being corrected within thirty (30) days, City shall commence correcting the default within thirty (30) days of Contractor's notification thereof, and thereafter correct the default with diligence. D. If City fails to correct the default as provided above, Contractor, without further 11 notice, shall have all of the following rights and remedies which Contractor may exercise singly or in combination: (i) The right to declare that this Agreement together with all rights granted City hereunder terminated; and (ii) The right to bring suit against the City for breach of contract. 21. PERFORMANCE BOND The Contractor shall provide and continue in force throughout the life of the agree- ment the bond of a surety company or its equivalent approved by City in the amount of Fifty Thousand Dollars ($50,000.00) conditioned upon the faithful performance by Con- tractor of each and every term covenant and condition of this Contract by Contractor agreed to be performed. 22. WORKER'S COMPENSATION INSURANCE Before beginning the work the Contractor shall furnish to the City satisfactory proof that it has secured, for the period covered by the work under this contract, full payment of compensation to all persons whom it may employ directly or through subcontractors, in car- tying out the work contemplated under this contract, in accordance with the "Worker's Compensation and Insurance Act," Division IV of the Labor Code of the State of Caldor- nia and any acts amendatory thereof. Such insurance shall be maintained in full force and effect, during the period covered by this contract. The Contractor shall sign and file with the City a Worker's Compensation Certifi- cate prior to performing any work. :~3. INSPECTION The City, its officers, agents or employees shall at all times have the right to inspect and observe every aspect of Contractor's business operation to determine whether the serv- ices being provided by Contractor are being performed in a workmanlike and professional manner. In exercising this right, Contractor shall provide the City with access to all of its business facilities so that the City, its officers, agents or employees can observe every aspect 12 of Contractor's business operation. 24. PATENTS The Contractor shall assume all respomibilities arising from the use of patented materials, equipment, devices, or processes used on or incorporated in performing the work or providing the services required under this Agreement. 25. SUBCONTRACTING Contractor shall not subcontract with any independent Contractor to perform the work or services required under this Agreement without the express written consent of City. If the City authorizes a subcontractor to perform any work or services under this Agreement and said subcontractor does not perform said work or services to the satisfac- tion of the City Manager, the subcontractor shall immediately be removed from performing said work or services upon receipt by Contractor of the City Manager's written request to do so and said subcontractor shall not be employed again by Contractor to perform any work under this Agreement. 26. PUBLIC CONVENIENCE AND SAFETY The Contractor shall so conduct its operations so as to cause the least possible obstruction and inconvenience to the public and to traffic. 27. LAWS ~ The Contractor shall keep itself fully informed of all existing and future State, Federal and Municipal laws and regutatiom which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of administrative bodies or courts having any jurisdiction or authority over the same, and adhere thereto. 28. WAIVER OR MODIFICATION No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of both parties to this Agreement. 13 29. GOVERNING LAW This Agreement shall be governed by the laws of the State of California. 30. PREVIOUS AGREEMENT Any and all existing statement or agreements, whether oral or written, or renewals thereof, between the parties hereto, covering the same subject matter, are hereby canceled and superseded by this Agreement and such prior agreement shall have no further force or effect. 31. PARAGRAPH HEADINGS The paragraph headings contained herein are for convenience and reference only and are not intended to define or limit the scope of this Agreement. 32° Whenever notice to a party is required by this Agreement, it shall be deemed given when deposited with proper address and postage affixed thereto in the U.S. Mail or when personally delivered as follows: CONTRACTOR: UKIAH CIVIC CENTER 300 Seminary Avenue Ukiah, CA 95482 ATrN: City Manager JAMES SALYERS, President Solid Wastes Systems, Inc. 940 Waugh Lane Ukiah, CA 95482 33. DUPLICATE ORIGINALS This Agreement may be executed in one or more duplicate originals bearing the original signature of both parties and when so executed any such duplicate original shall be admissible as proof of the existence and terms of the Agreement between the parties. 34. FORUM SELECTION Contractor and City stipulate and agree that any litigation relating to the enforce- ment or interpretation of this Agreement, arising out of Contractor's performance or relat- 14 ing in any way to the work shall be brought in Mendocino County and that venue will lie in Mendocino County. 35. AUTHORITY Contractor warrants that .James Salyers has been duly authorized by Contractor to enter into this contract on behalf of Contractor. 15 IN WITNESS WHEREOF, City of Uldah and Contractor have executed this Agree- ment this 23 day of March ,1992 in Ukiah, California. SOLID WASTES SYSTEMS, INC. By: ~/~. ~.~,t.~ JAM~~~LYERS,-President~ (S:\FROMUSA\U\CONT~RECYCLE) F er C--~IHY ~CKA~,'~ Clerk 16 §3950 §3951 CHAPTER 6 UTILITY RATES ARTICLE 1. PROCEDURE FOR AMENDING UTILITY RATES SECTION: §3950: §3951: §3952: §3953: {}3954: §3955: §3956: §3957: Statement of Policy Rates Affected by this Chapter Proposal for Rate Changes Notice of Proposed Change Content of Prior Notice Public Hearing Required Action by Council Publication of Resolution Establishing Rates §3950: STATEMENT OF POLICY: It is the intent of the City Council through the procedures outlined in this Chapter to provide opportunities for citizens to be informed of proposed utility rate adjustments prior to action by Council and to allow citizens an opportunity to present their views prior to Council action. (Ord. 653, §1, adopted 1973; amd. by Ord. 664, §1, adopted 1975) {}3951: RATES AFFECTED BY THIS CHAPTER: The amendment of the following fees, charges, rates and taxes shall be accomplished according to the following procedure outlined in this Chapter: A. Water service rate schedules. B. Sewer service rate schedules. 3/g2 4125 {}3951 {}3954 C. Electric Service Rate Schedules: Provided, however, P.G.&E. fuel cost adjustments as approved by the California State Public Utilities Commission for retail rates shall be adopted without adherence to notice requirements and public hearing procedures as set forth in {}{}3953, 3954, 3956 and 3957 of this Article. City shall, by administrative action, pass such fuel cost adjustments on- to the electric service users as they shall occur. De Garbage rate schedules consisting of franchise fees, user fees and sanitary land fill site fees; provided, however, that nothing contained in this Article shall prohibit the City from authorizing automatic adjustments 'of user fees or payments to a contractor as defined in {}4406 by reference to the United States Department of Labor's consumer price index or a similar commonly accepted cost of living index. The City Council shall not adopt such an automatic increase without first complying with the procedures contained in this Article. No such automatic increase shall remain in effect for longer than a three (3) year period, unless the rate is subject to review and revision in accordance with the procedures contained in this Article not less often than every four (4) years. (Ord. 653, {}1, adopted 1973; amd. by Ord. 664, {}1, adopted 1975; Ord. 701, {}1, adopted 1977; Ord. 767, adopted 1981; Ord. 925, {}1, adopted 1992) {}3952: PROPOSAL FOR RATE CHANGES: When a rate change appears desirable the proposal shall be referred to the City Manager who shall prepare a written report and recommendation on the proposed rate change. (Ord. 653, {}1 adopted 1973; amd. by Ord. 664, {}1, adopted 1975) ' {}3953' NOTICE OF PROPOSED CHANGE: Upon notice of the completion of the City Manager's report the City Clerk shall cause a notice to be published in a newspaper of general circulation in the City at least ten (10) days prior to any City Council consideration of the proposed change. (Ord. 653, {}1 adopted 1973; amd. by Ord. 664, {}1, adopted 1975) ' {}3954: CONTENT OF PRIOR NOTICE: The notice caused to be published by the City Clerk shall contain the following information. The notice shall be titled: A. Notice of public hearing to consider amendment of utility rates. 3/92 4126 {}3954 {}3957 El Ce Da The date, time and place when the hearing will be held. A copy of the proposed rate structure and the suggested effective date. A statement that the City Manager's report is on file with the City Clerk and is available for review by interested persons. (Ord. 653, {}1, adopted 1973; amd. by Ord. 664, {}1, adopted 1975) {}3955: PUBLIC HEARING REQUIRED: Prior to adopting any change in utility rates specified in {}3801 of this Code the City Council shall hold a public hearing for the purpose of hearing the report and recommendation of the City Manager and the comments of any interested persons. Such hearing may be continued if the Council so desires. (Ord. 653, {}1, adopted 1973; amd. by Ord. 664, {}1, adopted 1975) {}3956: ACTION BY COUNCIL: Following the public hearing the City Council may amend, revise, add to, and make deletions from the proposed rate change. The rate schedule so arrived at shall be put in the form of a resolution and shall be acted upon in the manner in which resolutions are usually considered by Council. (Ord. 653, {}1, adopted 1973; amd. by Ord. 664, §1, adopted 1975) {}3957: PUBLICATION OF RESOLUTION ESTABLISHING RATES: When the City Council amends rates or charges using the procedures set forth in this Chapter the City Clerk shall cause the publication of the resolution establishing rates in a newspaper of general circulation in the City within 10 days following Council action. (Ord. 653, {}1, adopted 1973; amd. by Ord. 664, {}1, adopted 1975) 3/92 RATE INCREASE REQUESTED BY SOLID WASTE SYSTEMS, INC. GARBAGE RATE CALCULATION 1997 Current Rate Monthly Change Code Volume Rate In Rate RESIDENTIAL Curb Service GA1 1-10gal $ 3.04 $ 0.10 GA10 1-20gal 6.40 0.22 GA2 1-30gal 11.51 0.39 GAll 2-20gal 15.57 0.53 GA12 3-20gal 23.77 0.81 GA3 2-30gal 23.99 0.82 GA13 4-20gal 31.98 1.09 GA4 3-30gal 36.25 1.24 GA8 4-30gal 53.31 1.82 Pack-out Service GA20 1-10gal $ 4.69 0.16 GA14 1-20gal 8.05 0.27 GA5 1-30gal 14.07 0.48 GA15 2-20gal 19.51 0.67 GA6 2-30gal 29.21 1.00 GA16 3-20gal 30.92 1.05 GA17 4-20gal 42.64 1.45 GA7 3-30gal 45.26 1.54 GA9 4-30gal 62.37 2.13 Remote Area Service (BGR - small truck service) GA74 1-10gal $ 11.51 0.39 GA70 1-30gal 21.59 0.74 GA71 2-30gal 44.35 1.51 GA72 3-30gal 67.06 2.29 GA73 4-30gal 89.98 3.07 Miscellaneous Service GA30 -105gal $ 45.95 1.57 $ COMMERCIAL Commercial can or totter service shall be charged at residential rates shown above. 1-1yd $ 66.00 2.25 $ All other sizes: Rate per yard per week $ 52.00 1.77 $ New Rate $ 3.14 6.62 11.90 16.10 24.58 24.81 33.07 37.49 55.13 4.85 8.32 14.55 20.18 30.21 31.97 44.09 46.80 64.50 11.90 22.33 45.86 69.35 93.05 47.52 68.25 53.77 Resolution # Attachment # GARATE97.XLS Page 1 Sheet1 RATE INCREASE REQUESTED BY SOLID WASTE SYSTEMS, INC. GARBAGE RATE CALCULATION 1997 Resolution # Attachment # Current Rate Monthly Change Code Volume Rate In Rate EXAMPLES OF COMMERCIAL RATE: 1 yard bin - picked up 1 time per week = 1 yard @ $68.25 = $68.25 per month 2 yard bin - picked up 4 times per week = 8 yards @ $53.77 = $430.16 per month DROP BOXES Special 3-day rental 3 yard box per dump $ 93.00 3.20 Weekly- 7-day rental 10 yard box per dump 15 yard box per dump 20 yard box per dump 30 yard box per dump 40 yard box per dump $ 80.00 2.70 $ 80.00 2.70 $ 80.00 2.70 $ 80.00 2.70 $ 80.00 2.70 New Rate Additional $10.00 fee for retaining drop box more than 7 days. $ 96.20 includes tipping fee $ 82.70 Plus tipping fee $ 82.70 Plus tipping fee $ 82.70 Plus tipping fee $ 82.70 Plus tipping fee $ 82.70 Plus tipping fee Compactors 6 yard compactor 12 yard compactor 25 yard compactor $ 232.00 $ 350.00 $ 569.00 7.90 11.90 19.40 239.90 361.90 588.40 Special Services - Call-in pickup and disposal Appliances Tires (up to 4 automobile or motorcycle sized tires on regular garbage collection reute) $ 15.00 0.50 $ 15.50 Plus tipping fee $ 3.10 0.10 $ 3.20 each Tires (5 or more automobile or motorcycle sized tires, special trip) $ 15.00 0.50 $ 15.50 Plus tipping fee Large truck sized tires $ 15.00 0.50 $ 15.50 Plus tipping fee (special trip) Furniture and Other Items $ 15.00 0.50 $ 15.50 Plus tipping fee (special trip) Locking bin $ 20.00 0.70 $ 20.70 one-time setup charge Special service rates may be established based on the current disposal charge plus equipment and labor cost. Such rates shall be approved by the City Manager with ratification by the City Council. GARATE97.XLS Page 2 Sheet1 RATE INCREASE REQUESTED BY SOLID WASTE SYSTEMS, INC. GARBAGE RATE CALCULATION 1997 Current Monthly Rate Rate Code Volume Commercial rate by use code I 1-30gal (GA2) $ 11.51 2 2-30gal (GA3) 23.99 3 3-30gal (GA4) 36.25 4 4-30gal (GA8) 53.31 5 5-30gal 64.82 6 6-30gal 77.30 7 7-30gal 89.56 8 8-30gal 106.62 10 10-30gal 130.61 11 4-30gal, 2W 106.62 12 4-30gal yard (GA30) 62.37 13 11-30gal 142.87 14 1-20gal (GA10) 6.40 15 1-10gal (GA1) 3.04 16 2-20gal (GAll) 15.57 17 2-30gal yard (GA6) 29.21 18 3-30gal yard (GA7) 45.26 19 5-30gal yard 76.44 23 2-30gal 2W 47.98 24 3-30gal 2W 72.50 25 2-30gal 3W 71.97 26 1-30gal 3W 34.53 32 3-30gal 3W 108.75 100 Drop boxes - 101 l-yd 66.00 102 1.5-yd 78.00 103 2-yd 104.00 106 2-yd+2-30gal 127.99 107 3-yd 156.00 108 6-yd 312.00 109 6.5-yd 338.00 111 10-yd 520.00 112 12-yd 624.00 113 5-yd 260.00 114 1.5yd+l-30gal 89.51 115 l-yd+l-30gal 77.51 117 3.5-yd 182.00 118 4-yd 208.00 119 2-Tote+4-30gal 145.21 120 5.5-yd 286.00 121 24-yd 1,248.00 202 1.5-yd 2W 156.00 203 2-yd 2W 208.00 204 3-yd 2W 312.00 205 4-yd 2W 416.00 206 6-yd 2W 624.00 207 8-yd 2W 832.00 215 4-yd lW+4yd 2W 624.00 217 2-yd lW+l.5yd 2W 260.00 218 1.5-yd lW+4yd lW 286.00 GARATE97.XLS Change In Rate 0.39 0.82 1.24 1.82 2.21 2.64 3.05 3.64 4.45 3.64 2.13 4.87 0.22 0.10 0.53 1.00 1.54 2.61 1.64 2.47 2.45 1.18 3.71 - 2.25 2.66 3.55 4.36 5.32 10.64 11.53 17.73 21.28 8.87 3.05 2.64 6.21 7.09 4.95 9.75 42.56 5.32 7.09 10.64 14.19 21.28 28.37 21.28 8.87 9.75 Page 3 New Rate $ 11.90 24.81 37.49 55.13 67.03 79.94 92.61 110.26 135.06 110.26 64.50 147.74 6.62 3.14 16.10 30.21 46.80 79.05 49.62 74.97 74.42 35.71 112.46 68.25 80.66 107.55 132.35 161.32 322.64 349.53 537.73 645.28 268.87 92.56 80.15 188.21 215.09 150.16 295.75 1,290.56 161.32 215.09 322.64 43o. 19 645.28 860.37 645.28 268.87 295.75 Resolution # Attachment # Sheet1 RATE INCREASE REQUESTED BY SOLID WASTE SYSTEMS, INC. GARBAGE RATE CALCULATION 1997 Resolution # Attachment # Current Rate Monthly Code Volume Rate 221 13.5-yd 2W 1,404.00 224 2-yd 4W+6yd 2W 1,040.00 225 2-yd 2W+4yd 3W 832.00 226 4.5-yd 2W 468.00 227 2-yd lW+3-yd 2W 416.00 302 1.5-yd 3W 234.00 303 2-yd 3W 312.00 304 2-yd 2W+4-yd 3W 832.00 305 1.5-yd 2W+2-yd 3W 468.00 306 3.5-yd 3W 546.00 307 4-yd 3W 624.00 308 4-yd 3W 624.00 309 3.5-yd 2W+4-yd 3W 988.00 310 2-yd 2W+2-yd 3W 520.00 402 1.5-yd 4W 312.00 403 2-yd 4W 416.00 407 4-yd 4W 832.00 410 2-yd 2W+2-yd 4W 624.00 411 1.5-yd 2W+l.5-yd 4W 468.00 502 1.5-yd 5W 390.00 503 2-yd 5W 520.00 504 3-yd 5W 780.00 505 7-yd 5W 1,820.00 523 4-yd 5W 1,040.00 524 2-yd 2W+4-yd 5W 1,248.00 602 1.5-yd 6W 468.00 603 2-yd 6W 624.00 604 1.5-yd 2W+2-yd 6W 780.00 605 1.5-yd 4W+l.5-yd 2W 468.00 606 4-yd 6W 1,248.00 607 2-yd 2W+4-yd 6W 1,456.00 608 6-yd 6W 1,872.00 615 8-yd 6W 2,496.00 616 3.5-yd 2W+2-yd 6W 988.00 901 2-yd 3W+2-yd 6W 936.00 902 6-yd 2W+4-yd 6W 1,872.00 903 2-yd+3.5-yd 2W+4-yd 6W 1,716.00 904 2-yd 3W+4-yd 6W 1,560.00 905 1.5-yd 2W+4-yd 6W 1,404.00 906 7-yd 6W 2,184.00 907 1.5-yd lW+5.5-yd 6W 1,794.00 908 2-yd 2W+2-yd 6W 832.00 950 105gal toter (GA30) 45.95 960 2-105gal toter 91.90 970 1-105gal+1-30gal 57.46 980 21-yd monthly 1,092.00 985 24-yd monthly 1,248.00 990 18-yd monthly 936.00 995 14-yd monthly 728.00 Rate code 100 - drop boxes - see separate Drop GARATE97.XLS Box rate section Page 4 Change In Rate 47.88 35.46 28.37 15.96 14.19 7.98 10.64 28.37 15.96 18.62 21.28 21.28 33.69 17.73 10.64 14.19 28.37 21.28 15.96 13.30 17.73 26.60 62.06 35.46 42.56 15.96 21.28 26.60 15.96 42.56 49.65 63.84 85.11 33.69 31.92 63.84 58.52 53.20 47.88 74.47 61.18 28.37 1.57 3.13 1.96 37.24 42.56 31.92 24.82 New Rate 1,451.88 1,o75.46 860.37 483.96 43o. 19 241.98 322.64 860.37 483.96 564.62 645.28 645.28 1 ,o21.69 537.73 322.64 430.19 860.37 645.28 483.96 403.30 537.73 806.60 1,882. o6 1,o75.46 1,29o.56 483.96 645.28 806.60 483.96 1,290.56 1,5o5.65 1,935.84 2,581.11 1 ,o21.69 967.92 1,935.84 1,774.52 1,613.2o 1,451.88 2,258.47 1,855.18 860.37 47.52 95.03 59.42 1,129.24 1,29o.56 967.92 752.82 Sheet1 ITEM NO. 6e DATE: October 15,1997 AGENDA SUMMARY REPORT SUBJECT: AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH THOMAS CONSULTING TO PREPARE STATE MANDATED COST REIMBURSEMENT CLAIMS. For the past five years, Thomas Consulting has prepared the claims for reimbursement from the State for costs associated with work mandated by the State of California. Each year the State Controller's office sends a list of programs for which reimbursements can be claimed. The claims must be filed in November. Claims are made for actual costs of the prior fiscal year and estimates of costs to be incurred in the current fiscal year. To date, claims totaling $180,537 have been submitted. Of this amount $105,279 has been reimbursed to the City of Ukiah. Of the remaining amount, $57,145 is still under review by the State, and $18,113 has been disallowed by the State or over estimated. (Continued on Page 2) RECOMMENDED ACTION: Authorize the City Manager to execute agreement with Thomas Consulting for "Mandated Cost Claiming Services" at a rate of 20% of the reimbursements paid to the City by the State. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Do not approve the contract for "Mandated Cost Claiming Services". 2. Suggest alternative methods for preparing mandated cost reimbursement claims and provide direction to staff. Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A ~ Gordon Elton, Finance Director Candace Horsley, City Manager Acct. No.: 100.1301.250.000 , September 29, 1997 "State Mandate Claims Schedule" with proposed Agreement APPROVED:~ Candace Horsley, Cit~ M~anager 4/Can. ASR Mandated Cost Reimbursement Claims Consulting Services - Continued Costs for the proposed contract are budgeted in the Finance Department Contract Services budget line - 100.1301.250.000. It is estimated that the costs of this contract will range between $1,000 and $1,500 during the current fiscal year. The actual amount will depend on the reimbursable costs identified and the percent of the claims ultimately paid by the State. Contractor compensation is paid in two parts. When the claims are submitted to the State for reimbursement, the contractor is paid 10% of the claimed amount. When payment is received from the State, the contractor is paid the difference between 20% of the amount received from the State and the initial amount advanced to the contractor. The resulting total compensation equals 20% of the amount the City receives from the State. The amount the City anticipates receiving in reimbursements from the State during this fiscal year is $27,700. The time period during which the State Controller's staff reviews claims ranges from six to eighteen months after receipt of the claims, depending on their work load. Recent legislation allowed claims for Missing Persons Reports generated during the month of August, 1997. Other currently allowed claims relate to Business Tax Reporting and Brown Act compliance. The cost of preparing the claims is also reimbursable to the City. Staff recommends approval of the agreement and authorization of the City Manager to execute the agreement. z~ ~ ~-~ O~ 0 ~00~ ~-C~ O0 O' 00~ O~ ~'~ ~0 0 ~- O~ 0 CO C'~ ~-- ~- 0 ~- ~ ~-- 0 0 ~' ~0 ~'-- ~'~ 0 E 0 C 0 ~=~ o0oooo ~0 v- C~ 0 v- 0 0 v- O0 0 ~0 ~0 AGREEMENT TO PROVIDE MANDATED COST CLAIMING SERVICES The City of Ukiah (hereinafter City) and Thomas Consulting (hereinafter Consultant) jointly agree as follows: 1. Scope of Services The Consultant shall file City's claims for funded State mandated costs as provided herein. Costs claimed shall be those actually incurred and estimated costs for those years in all areas appropriated by the State Legislature. 2. Compensation for Mandated Cost Claiming Services Compensation paid to Consultant by City shall be twenty percent (20%) of the claims reimbursed by the State to the City under Section 1 of this agreement. An advance of ten percent (10%) of the total claims submitted shall be paid by City to Consultant within thirty (30) days of submittal of the claims by Consultant to the State of California. A final bill shall be submitted by Consultant to City for twenty percent (20%) of total claims paid to City by the State, less the ten percent (10%) initially advanced to Consultant. 3. Services and Materials to.be Furnished by the City The Consultant shall provide guidance to the City in determining the data required for claims submission. The City, following the Consultant's guidance, shall provide assistance in the accumulation of the required data. Accumulated data shall be provided to Consultant in a reasonable amount of time to facilitate timely claims submission. The Consultant shall assume all data so provided to be correct. 4. Not Obligated to Third Parties The City shall not be obligated or liable hereunder to any party other than the Consultant. 5. Consultant Liability ,if Audited The Consultant will assume all financial and statistical information provided to the Consultant by City employees or representatives is accurate and complete. Any subsequent disallowance of funds paid to the city under the claim for whatever reasons is the sole responsibility of the City. 6. . . . Consultant Assistance if Audited The Consultant shall make workpapers and other records available to auditors. The Consultant shall provide assistance to the City in defending claims submitted if an audit results in a disallowance of twenty percent (20%) or more of the original claim submitted. Reductions of less than twenty percent (20%) shall not be contested by the Consultant. Indirect Costs The cost claims to be submitted by the Consultant may consist of both direct and indirect costs. The Consultant may either utilize the ten percent (10%) indirect cost rate allowed by the State Controller or calculate a higher rate if City records support such a calculation. The Consultant by this Agreement is not required to prepare a central service cost allocation plan or a departmental indirect cost rate proposal for the City. The City designates the following individual as contact person for this agreement: Name: Title: Address: Telephone: Candace Horsley City Manager 300 Seminary Avenue, Ukiah, California 95482 707/463-6200 Term of A~eement Consultant shall submit claims on a timely basis and in accordance with the deadlines established by the State Controller within each Claiming Instruction notice. The period covered by this Agreement is October 1, 1997 through September 30, 1998. Offer is made by Consultant: DATE: September 29, 1997 THOMAS CONSULTING BY: Carolynn J. Thomas Offer is Accepted by City DATE: CITY OF UKIAH BY: Candace Horsley, City Manager ATTEST: BY: City Clerk Please Return One Signed Copy of A~eement To: THOMAS CONSULTING Box 114 Caspar, California 95420 707/964-8874 AGENDA SUMMARY ITEM NO. 6f. DATE: OCTOBER 15, 1997 REPORT SUBJECT: APPROVAL Of BUDGET AMENDMENT FOR FIRE DEPARTMENT Fire Training Tower The 1996/97 budget included $62,000 for the construction of a new fire training tower. The construction was projected to take place during the 96/97 fiscal year, therefore the funds were not carried over to fiscal year 1997/98. In fact the unexpended monies remain in the beginning fund balance of Fund 698 since the tower was not built. The current adopted budget does not include the expenditure for the current fiscal year. Staff recommends the City Council approve the budget amendment to authorize the expenditure of $62,000 in account 698.2101.800.000 for the construction of the fire training tower during 1997/98. Radio Replacement Contingency For the 1997/98 budget, the decision was made to forego the issuance of a contract for radio maintenance in favor of a "pay as required" approach to the repair and maintenance of radios. The amount normally applied to the radio maintenance contract ($5,478 in 1996-97) was budgeted in account 711 as a Radio Replacement Contingency, with the understanding that this money would be deposited in Capital Replacement Fund 698. As the need is justified, these funds would be utilized to replace older, repair and cost intensive radios with new ones. The rationale behind this decision is to replace older radios on a more timely basis. This will reduce repairs and maintenance, by replacing old radios as they fail. This move was well-timed. It is necessary to replace the mobile radio in Fire Patrol Vehicle 6560. The immediate replacement of this radio will cost approximately $600. This radio is over II years old. Twice, recently, it was sent in for repair of broken solder joints within its circuitry. Repair technicians indicate this problem will be a recurring one because of the age and usage of the radio. The best decision at this time is to replace the radio rather than continue to spend money on repairs. Staff recommends the City Council authorize the expenditure of $5,478 from the Radio Contingency account 698.2101.800.000 for replacement of radio equipment as deemed appropriate by the Department Head with the approval of the City Manager. RECOMMENDED ACTION: Approve amendment to the 1997/98 budget by: 1) adding expenditures of $62,000 in account 698.2101.800.000 for the construction of a fire training tower, 2) increasing revenue account 698.0900.905.211 by $5,478 and increasing expenditures in account 698.2101.800.000 by $5,478 for radio replacement. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine alternative accounts or funding sources are to be used, identify those items, and approve modified amendment. 2. Determine budget amendment is not appropriate and take no action. Acct. No. (if NOT budgeted): N/A Acct. No.' 698.2101.800.000 - $67,5478 Appropriation Requested: N/A 698.0900.905.211 - $5,478 Citizen Advised: NA Requested by: NA Prepared by: Roe Sandelin, Fire Operations Chief Coordinated with: Gordon Elton, Michael Harris, Assistant City Manager and Candace Horsley, City Manager Attachments: 1. Budget w_orksheets, pages 1-2. Candace Horsley, Cit~, M~'~ager rnfh:asrcc97 1015FIRE LU o~0 l- Z ILl Z Z 0 -t - ASSET REPLACEMENT RESERVE - FUND #698 Bud.qeted amounts: Beginning fund balance 7/1/97 From Gen Govt Buildings Ambulance payment from fire dept Ambulance purchase From Street Maintenance $ 187,540 $ 4,000 $ 18,969 $ (18,969) Budgeted ending fund balance 6/30/98 $ 191,540 Adjustments made durinq the fiscal year: Date Approved Account No. 7/1/97 Change in beginning fund balance per audit $ (17,601) 10/15/97 Fire tower construction 698.2101.800.000 $ (62,000) 10/15/97 From Fire for radio contingencies 698.0900.905.211 $ 5,478 10/15/97 Fire radio purchases 698.2101.800.000 $ (5,478) Revised ending fund balance 6/30/98 $ 111,939 Fund Fund Balance Balance 7/1/97 Income Expense Adiustments 6/30/98 General Government Buildings $ 14,500 4,000 $ 18,500 Police (7,666) $ (7,666) Fire 82,920 24,447 (86,447) (17,601) $ 3,319 Building Inspection 10,000 $ 10,000 Engineering 25,000 $ 25,000 Streets 32,875 $ 32,875 Parks 29,911 $ 29,911 TOTAL $ 187,540 $ 28,447 $ (86,447) $ (17,601) $ 111,939 RESERVg8.XLS 10/9/97 Funds 696; 697; 698 ITEM NO. 6g DATE: October 15, 1997 AGENDA SUMMARY REPORT SUBJECT: APPROVE AMENDMENT TO SERVICE AGREEMENT FOR JUVENILE WORK PROGRAM AT UKIAH SOLID WASTE DISPOSAL SITE SUMMARY: The City has utilized the services of the Mendocino County Juvenile Work Program for the past two fiscal years. The youths working under this program assist landfill staff in collecting wind-blown debris and installing minor erosion control facilities. Last year the City entered an agreement with the County to pay for services in the amount of $3,600. This fiscal year staff is requesting that the City authorize an amendment to the service agreement in the amount of $7,200. This will provide payment for the Juvenile Work Program for FY 1997/1998. RECOMMENDED ACTION: Approve amendment to service agreement for juvenile work program at Ukiah Solid Waste Disposal Site. ALTERNATIVE COUNCIL POLICY OPTIONS: None. Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: Prepared by: Coordinated with: Attachments: Acct. No.: 660-3401-250-009 (if budgeted) Rick Kennedy, Director of Public Works/City Engineer Rick Seanor, Deputy Director of Public Works Candace Horsley, City Manager Rick Kennedy, Director of Public Works/City Engineer 1. Amendment 2. Fiscal Year 1997/1998 budget sheet Candace Horsley, Cit~ Manager RJS:AGLFJWP.SUM CITY OF UKIAH AMENDMENT NO. 1 TO SERVICE AGREEMENT FOR JUVENILE WORK PROGRAM AT UKIAH SOLID WASTE DISPOSAL SITE DATED MAY 1, 1997 TERMS AND CONDITIONS All terms and conditions of the Service Agreement for Juvenile Work Program at Ukiah Solid Waste Disposal Site Dated May 1, 1997 shall remain in force and effect through June 30, 1998, except as modified by this amendment. AUTHORIZATION Upon execution of this amendment, service provider is authorized to perform the work described under "Scope-of-Services" of the original service agreement, on an hourly basis, not to exceed the total amount of compensation indicated under Compensation. COMPENSATION Compensation for the work of this Amendment shall be made on an hourly basis, at a rate subject to City approval, not to exceed a maximum total compensation of $7,200. MENDOCINO COUNTY PROBATION DEPARTMENT CITY OF UKIAH BY: BY: ROBERT MCCALISTER Acting Chief Probation Officer CANDACE HORSLEY City Manager DATE DATE Amendment No. I to Agreement for Juvenile Work Program at Ukiah Solid Waste Disposal Site Page 1 of 1 AGENDA SUMMARY ITEM NO. 6h. DATE: OCTOBER 15, 1997 REPORT SUBJECT: APPROVAL OF BUDGET AMENDMENT FOR PURCHASING DEPARTMENT In Staff's continuing efforts to institute cost savings measures throughout the City, in house printing has been identified as having significant potential to reduce expenditures. Most notable among these projects is business card production which will produce savings near 50%. Color presentations as needed will also be available on a priority basis. The proposed printer should pay for itself in the first year. In addition, the printer will be connected to the dedicated Internet Access computer enabling printing of E-mail and hard copies of specific Internet research. The printer will be assigned to the Purchasing Department which is an Internal Service Fund capable of recovering costs through "billing" both enterprise and general fund accounts for services provided. The total cost for a printer with the capabilities appropriate for these functions is approximately $700, including tax, shipping, setup, and integral software. This item was not addressed in the adopted budget and thus a budget amendment is necessary. There are adequate funds available in the Purchasing fund balance for this purchase. Staff recommends the City Council approve the budget amendment for $700 to purchase a color printer. RECOMMENDED ACTION: Approve amendment to the 1997/98 budget by adding expenditures of $700 in account 696.1390.800.000 for the purchase of a color printer in the Purchasing Department. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine alternative accounts or funding sources are to be used, identify those items, and approve modified amendment. 2. Determine budget amendment is not appropriate and take no action. Acct. No. (if NOT budgeted): 696.1390.800.000 Appropriation Requested: $700 Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Acct. No.: (If budgeted) Gordon EIt Finance and Michael Harris, Assistant City Manager Paulette Klingbeil, Information Systems Manager, Nora Kennedy, Purchasing Supervisor and Candace Horsley, City Manager 1. Budget amendment worksheets, pages 1-2. APPROVED:,~ ~~.. Candace Horsley, Cit~anager mfh:asrcc97 1015PURCH LU I.IJ ~.. Z LU Z 0 Z 0 0 -t "- PURCHASING/WAREHOUSE - FUND #696 Bud.qeted amounts: Beginning fund balance 7/1/97 Revenue budgeted Transfers budgeted Expense Budgeted ending fund balance 6/30/98 $ 138,337 $ 100,096 $ - $ (100,098) $ 138,335 Adjustments made durinq the fiscal year: Date Approved 7/1/97 Change in beginning fund balance per audit 10/15/97 Purchase of color printer Account No. $ (4,518) 696.1390.800.000 $ (700) Revised ending fund balance 6/30/98 $ 133,117 RESERV98.XLS 10/9/97 Funds 696; 697; 698 ITEM NO. 8a DATE: October 15,1997 AGENDA SUMMARY REPORT SUBJECT: SUSAN WERTHEIMER AND ARLINGTON NEIGHBORHOOD GROUP Mayor Malone, Vice Mayor Mastin, the City Manager, and Police staff, met with Susan Wertheimer and a group of concerned neighbors from Arlington Drive relative to the concerns expressed in Susan's letter. Staff has continued to discuss the issues with Ms. Wertheimer and have provided additional information to her group. Ms. Wertheimer asked that this item be placed on this agenda should the group determine they want an opportunity to also address the Council on this matter. Attached you will find a copy of Ms. Wertheimer's original letter to Council, dated August 13, 1997. RECOMMENDED ACTION: Council discussion, no action required. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Acct. No.: (If budgeted) Susan Wertheimer Candace Horsley, City Manager 1. Letter, dated August 13, 1997, from Susan Wertheimer APPROVED:' ~ ~,~~,,~ Candace Horsley, City Man!ger 4/Can. ASRAding . RECEIVED CITY OF UKIAH t COPS Program Community Orientated Policing Services City of Ukiah - Staff Report Currently, Patrol Officers are assigned as day to day patrol, reacting to immediate needs of our citizens, and Detectives are assigned to track and solve major assault, property and theft crimes within the community. COPS Officers will rather focus on working in concert with other commtmity groups, schools, businesses, and other agencies to place into effect problem-solving measures to meet the specific needs of our community for the long term. Studies have shown that to be ~uly effective in "problem-solving tactics" to meet community needs, police departments must enact "eo_m[n_ unity-police partnersl~ps". Currently, Federal and State Governments propose that polic~-~igencies act in concert with other organizations where they can most effectively impact those around them. Our Department has worked on this partnership goal in a three part application of Federal Grants. During our first step, our department obtained funding through Local Law Enforcement Block Grants for funding the current PAL program, (other agencies within the State spend this funding on equipment and overtime costs while our department elected to place these funds back into the community where we live). Second, we recently obtained approval for funding for a full- time civilian community policing coordinator, and an equipment purchase of computers to make our officers more effective in the field. And third, we obtained this grant for the funding of three officers for our department, to create an effective approach to commtmity policing. It is now our proposal to tie these three programs together, to form a tree community- police partnership that will enact the problem-solving tactics needed to prevent and solve both current and long range issues within our community. COPS Officers will be assigned to work out of the existing PAL building, where officers will have daily ~0-ntact with youth w~thin the ?~mmunity, a location where'the community can join ~[br meetings anci' Workshops on solving ~.e. ir need~.s, and a central downtown location where crimes rates m:e'"high to combat crime int~e heart of our community. As with any program, funding for the COPS program must match the current abilities of the City of Ukiah. This department recognizes the current fiscal shortfalls we as a City have faced, and are striving to set the example within the City by cutting back, and doing more with less. The plan proposed can be completed below our current budget expectations and carried through for a 3 year period because of the Federal assistance that has been proposed. October 3, 1997 Candace, I've attached a brief overview of our correspondence with the Grant Agency. I've also sent along a video that lasts about 15 minutes. It does a very good job at explaining the philosophy of what we want to accomplish. We have always worked toward this effort and as recent as 1994 had front page articles describing our Community Oriented Policing effort with photos of police officers on foot beat. Our problem is that we have never had the staffing to give it our all the way it should be implemented. I've listed just a few of the other department efforts that are examples of what the philosophy is all about. Sbt. Taylor's efforts to abate the abandoned vehicles in the neighborhood of Clara and Ford St. Sbt. McCutcheon's efforts to enforce zoning ordinances on an auto repair business being conducted in a residence. · Foot beats in the downtown area and shopping districts over holidays. · Community Graffiti Clean-up over the past 3 years. Active interaction with citizens on registered sex offenders and parole's living in our community to monitor their behavior and alert citizens when necessary. Seminars, meetings, and on-going contacts with the business community to help educate on a variety of issues re: check restitution and fraud prevention. Neighborhood watch group meetings re: home security, neighborhood problems, and concerns. The clean-up that is occuring today along the railroad tracks and train station with the development of an art gallery and additional recreation fields is a prime example of law enforcement working ,with the community in an effort to meet needs. The Ukiah PAL where for the past 3 years we have taken an active role in working with the community in providing positive interaction between Cops, Kids, and the Community. This program now has over 300 kids and 100 adults in everything from Boxing to fishing. I could list more examples of what community policing is and with some research probably come up with other enforcement actions similar to the effort on Arlington St. Respectfully, COPS Program Communi~ O~entated Po~c~g Se~ices ~e ~~ Police Dep~ent ~d it'~ ~, v~ews one of o~ p~~ ~s~mmues, ~ profession~s, to look tow~ ~e ~-e s~eW of o~ co~~. By se~g pro-ac~ve ~ses in o~ action, we ~ mi~e ~e ~pact of ~e v~t problems fac~g ~~~ties, problems o~er ~~fies ~e now ~g to ~ect. With this in mind, recently the staff of the Ukiah Police Deparm~ent applied for and received a series of federal grants, including a three year federally funded grant program for the hiring of three additional officers for the City of Uldah. Under this program, these officers will be assigned not only as "problem solvers", but as law enforcement representatives ~harged with the responsibility of maintaining a spirit o.f tearnwo..rk between ~e departmen..t and the community. ~ .' These officers will replace the existing solo officer assigned to the Special Investigations Task Force and assume the current budget for this position, obtaining 3 full time officers for less than the current salary of the solo officer. With the obtained Federal funds, and the funds within our current budget, this unit of 3 members will expand the current participation in a primarily drug enforcement unit; to a unit that identifies the public safety needs and concerns of our community, and acts through problem-solving tactics and community-police partnerships. These problems continue daily and can be over viewed through the department's most recent press releases of crimes that have occurred during just the last few months and other long range problems such as; * Predominate increase in juvenile violent crime within our community; An armed robbery of a tourist by three males 19 to 23 across from the City Plaza 2 males arrested for an in-progress burglary from Cyrilla Designs - 300 E. Perkins 30 bicycle thefts during the month of May 1997 An armed robbery of a Circle K store, by two juveniles later arrested for murder *Significant increase in teen drug and alcohol rates; 4 out of 5 (80%) of 11 th graders report drinking beer during the last 6 months, 23% higher than the state average. 23% ~ndicating weekly marijuana use, 3 times the State rate of 8%. *Probationers and Parolees living within our community; 68% of Parolees reoffend within two years. Sexual Offenders living within the community. *Current increase in property damage related crimes; burglary, theft and vandalism; Business and store front vandalism and graffiti. Residential burglaries and thefts 300 S~VE., UKIAH, CA 95482-5400 · ,~-~I~11,' 707/463-6200 · PUBLJC SAFETY 463-6242/6274 · FAX # 707/463-6204 October 1, 1997 Susan Wertheimer 272 Arlington Drive Ukiah, CA 95482 Dear Ms. Wertheimer: I appreciate the opportunity to have met with you and your neighbors on September 15 regarding your concerns about recent Police activity in your neighborhood. After the meeting, the Council members and staff reviewed the various issues discussed and asked Captain Williams to investigate the complaints of Charlotte Rey, Pat Lenning, Espiranza Ford, and Spike MacDonald, concerning the searches conducted by the Police Deparmaent of the four houses on Arlington Drive. The following information is based on the concerns as recorded by Captain Williams. Specifically, Captain Williams investigated Charlotte Rey's contention that Odis Marizette Jr. is not on probation, does not live in her house and that she asked to speak with the officer supervising the searches, but never was contacted by him. He also investigated Spike MacDonald's contention that the Police broke the door to Randy Ford's room and whether the screen on the rear window of Pat Lenning's house had been broken by the Police. As we told you during the meeting, we cannot disclose all the specific facts or information relied upon by the Police in conducting the searches or developed by the Police in investigating your complaints, but there are several item; I would like to respond to. In the case of Odis Marizette Jr., it was confmned that he had listed the Arlington address of Ms. Rey as his residence address, and had agreed, as one of the terms of his probation, to allow searches of his residence by any Police Officer. Captain Williams found that the supervising Officer did receive notification that Ms. Rey wanted to speak with him, but since he was detained at another house, he relayed that he would be there as soon as he could. He was then told a short time later that Ms. Rey said she did not need to see him If this was a miscommunication or misunderstanding, on behalf of the City, I certainly apologize. In regards to the broken door and screens, ff either Mr. MacDonald or Ms. Lenning believes that property was damaged by the Police during the search, they can file a claim with the City Clerk, which is the usual process for these types of claims. The Clerk has forms available which they can use to submit their damages to the City's insurer for evaluation. Additional notices concerning the results of the claim will be provided if the claim is filed. 'We Are Here To Serve" Susan Wertheimer Page Two October 1, 1997 During our conversation, you mentioned that you thought the searches may have been conducted improperly. Captain Williams reviewed all of the information and procedures used and relied upon prior to and during the searches that were conducted. The facts and circumstances relied upon by the Police in conducting the searches have also been independently reviewed by the City Attorney. The results of the investigation satisfy both the Police Deparunent and the City Attorney that the searches and the way they were conducted complied with all applicable legal requirements. I also want to assure you that it is the City's and Police Department's goal to improve the safety and security in our neighborhoods and to enhance the relationship between our citizens and their Police Department. In pursuit of these goals, there is always the opportunity for us to learn and open our eyes to a different perspective. In this case, you helped us to understand that an activity which was planned with the best intentions, might have a totally different appearance and effect on the residents than was originally intended. I know that the issues discussed will be considered in future activities. We appreciate the time and effort that each of you has made in preparing and presenting your questions and concerns on these issues, and thank you for assisting us in better meeting the needs of our community while providing the highest degree of public safety possible. Should you have any further comments or suggestions, I hope you will not hesitate to contact me. Sincerely, Candace Horsley City Manager CH:ky C.' City Council David Rappon John Williams 4:Caa:LWmlw. kner 1,4) T~o I . Ukiah Unified School District 925 North State Street, Ukiah California 95482 ALTERNATIVE EDUCATION CALPELLA SCHOOL CALPELL,4 SCHOOL FI:UU~K ZEEK SCHOOL 1056 N. Bush SI.. Uldah. CA 95482 701.463.1161 HOPI. AND SCHOOL 13710 Mountain House Rd.. Hopland. CA 95449 707. 744,1333 FAX 707 · 744,1463 PRESCHOOL CEf, ITTR SPECIAL EDUCATION 1100 N, Bush SI., UkJah. CA 95482 707.468.33(X)J02 FAX 707.468,3311 UKIAH HIGH SCHOOL 1000 Low Gap Rd., Uldah, CA 95462 707.463,5253 FAX 707 o463.4~5§ 151 Moore St.. Utdah, CA 95482 707.485,8701 NOKOMIS SCHOOL 465 Washinqlofl Ave., Uldah,'cA 95482 707 · 463.5242 EAGtF ~AK MIDDLE SCHOOL 8601 West Rd.. gedweod Yaltey. CA 95470 707.485 · 8154 YOKAYO SCHOOl. ~90 S. I)era St.. Uldah. CA 95482 707.463.5236 FAX 707 · 463 · 5297 700 School W,W, Redwood Valley. CA 95470 707.465,6741 OAK MANOR SCHOOL, 400 Oak Marlin, ~.. Uidah, CA 95482 707 · 463.5249 SOUTH VALLEY HIGH SCHOOL 429 S. Oer~ St.. Uriah. CA 65482 707. 463.5220 1060 N. Bush SL. Ukiah 95482 7O7.463.5245 POMOLITA MIDDLE SCHOOL ?40 N. S~ St., Ukiah. CA 9548~ 707.463 · 5224 UK1AH ADULT SCHOOL 1056 N. Bush St. Uldah, CA 95482 707.463.5217 KIMBERLY M. LOGAN, Ed.D. Superintendent 707-463-5211 , kim_logan@mcoe.k12.ca, us September 8, 1997 ~ .. ~//uc,; ,~ -- //. F--J::,...,,,,,., ~ Dear Families, ,~-/~~ .,,¢rz4:. ~~t..~' ,..¢.._ ~~./~, i want to inform you that on Friday, Sep(e'mber 5th, at~mately 4:~ P.M., an adult male was arrested on the bridge at the west edge of our~,,4 .~t~ campus. He had mainlined heroin into his arm on the O~ Manor campus. T~ paraphernalia he had used was collected as evidence. . This morning our teachers informed their students of this event. As a staff, we feel that the creek area i s not a safe area for students and that drug use does occur here. We also feel that any student walking over the bridge needs to be aware o f this safety issue. We are encouraging students who walk home in this direction to walk with a friend. Teachers are also ~-~~ addressing with students the importance of not picking up ~ foreign items. I have contacted the police department and the President of our School Site Council, and will be meeting with Captain Williams and Sheri Alton tomorrow afternoon to address' the above situation. I feel it is imperative that we address this situation now and act proactively, to ensure the safety of our school and students in the future. Sincerely, Gay T~-~~-' Principal District Office: 925 N. State St., Ukiah, California 95482 FAX 707 · 463 · 2120 Business Office 707 · 463 · 5292 Educational Services 707 · 463 · 5213 Personnel 707 · 463 ,, 5208 Personnel Commission 707' · 463 - School Support Services 707 · 463 · 5202 300 S~, ~~VE., UKIAH, CA 95482-5400 · ADMIN. 707/463-6200 · PUBLIC S.~CETY 463-6242/6274 · FAX # 707/46~-6204 · August 27, 1997 Mrs. Susan Wertheimer 272 Arlington Dr. Ukiah. CA 95482 Dear Mrs. Wertheimer, I have received your letter of August 13 and wish to respond specifically to the concerns you expressed. We, like you, desire this free country of ours to be a place where there is no need for police actions. There are times however when enforcement of our constitution for the good of many may be necessary and may appear extreme to some. The effort by the Police Department on Arlington was designed to maximize the safety to the residents and the officers. This program noted in the newspaper is an attempt to actively involve the neighborhoods in knowing what is occurring throughout our community, block by block. The action was in direct response to many complaints from residents in the immediate surroundings. There is a long history of drug activity in this area and police logs identify at least 65 calls since 1990 to just three addresses alone. Based upon this knowledge, the Police Department determined that a substantial number of officers was necessary. A comprehensive approach to all of the units was required as previous encounters on a dwelling by dwelling basis resulted in occupants exiting out the rear or evidence being moved to adjacent houses. The significant law enforcement presence should have had a settling influence, intended to respond in a planned rather than reactive, emergency mode. As it was, two arrests were made and illegal substances were confiscated. I can assure you that the appropriate legal procedures were taken regarding the searches. The County Probation Department and the State Corrections Board have approved searches of dwellings occupied by persons on probation or parole. According to the police records, your son gave permission to search the vehicle he had been driving. I trust this was the case. I have discussed this occurrence with the City Manager and Police Captain and suggested that if you have further concerns or questions we could meet with you to discuss the circumstances included in this event. It may be beneficial to see first hand how the neighborhood program is to work and meet some of our personnel who are trying to retain Ukiah as a safe and enjoyable place to live. Again we appreciate your concern for the safety and well being of your neighborhood and the treatment Ukiah's residents receive from city employees. Please contact me or Candace Horsley, our City Manager, at 463-6213, if we can provide any additional assistance or you would like to meet with US. S incere.l.~~/~,,.~j ~,,~ Sheridan M~lone Mayor c: City Manager City Council mfh:letter97 082797WERTHEIMER "We Are Here To Serve" ITEM NO. 9a DATE: October 15,1997 AGENDA SUMMARY REPORT SUBJECT: POSSIBLE ADOPTION OF RESOLUTION MAKING AIRPORT PARK BOULEVARD OR PORTIONS THEREOF PART OF THE CITY OF UKIAH STREET SYSTEM This item will be presented by the City Attorney at the City Council meeting. RECOMMENDED ACTION: Recommended action will be presented at the time of the meeting. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: N/A Prepared by: Candace Horsley, City Manager Coordinated with: Attachments: Acct. No.: (If budgeted) Rick Kennedy, Director of Public Works/City Engineer David Rapport, City Attorney 1. None. AP P ROVE Dr;, ~~j~'~~_,.-,.,~ ~,.^s~,~ d~andace I-~rsley, City Manager