HomeMy WebLinkAbout1997-10-01 Packet WHE.~, violence against women and children continues to become
more prevalent as a social problem because of the imbalance of power due
to gender and age; and
The problems of domestic violence are not co.lined to any group of
people but cross all economic, racial, affectional preference, and societal
barriers; and
The crime of domestic violence defiles an individual's privacy, dignity,
security, and humanity due to systematic use of physical, emotional,
~sexual, psychological, andeconomiccontroland/orabuse;and
The impact of domestic violence is wide ranging, directly affecting
women and children and society as a whole; and
It is battered women themselves who have been at the forefront of
~effortstobringpeaceandequalitytothehome;and
Project Sanctuary in 1996, received 1,692 domestic violence crisis
calls, sheltered 410 battered women and children, and provided 10,332
safe shelter nights, in addition to providing other supportive services.
~NOW'.TI~-.REFORE, I, SheridanMalone, MayoroftheCityofUkiah, on~
beha{f of my fellow City Councilmembers, Jim Mastin, Kristy Kelly, Phillip
Ashiku, and Guadalupe Chavez, in recognition of the important work done
by domestic violence programs, do hereby proclaim October, 1997, as
and urge all citizens to actively participate in the scheduled activities and
programs sponsored by Project Sanctuary to work toward the elimination
of personal and institutional violence.
~ Dated: Octoberl, 1997
Sheridan Malone, Mayor
MINUTES OF THE UKIAH CITY COUNCIL
Regular Meeting - September 17, 1997
A regular meeting of the Ukiah City Council, the agenda for which was legally noticed and posted,
convened at 6:31 p.m. in the Ukiah Civic Canter Council Chambers, 300 Seminar~ Avenue, Ukiah,
California. Roll was taken and the following Councilmembers were present: Chavez, Ashiku, Kelly,
Mastin, and Mayor Malone. 8taft present: Electric Supervisor Bartolomei, Public Utilities Supervisor
Borecky, Airport Manager Bua, Community Services Director DeKnoblough, Finance Director Elton,
City Manager Horsley, Public Works Director Kennedy, Associate Planner Lohse, Public Words
Supervisor Looney, City Attorney Rapport, Fire Operations Chief Sandelin, Planning Director Sawyer,
Police Operations Captain Williams, Fire Engineer Yates, and City Clerk Henderson.
2. Pledoe of Alle_eianc,,
Councilmember Maatin led the Pledge of Allegiance.
3. Soecial Order of Business - Proclamation-
_Mayor Malone presented the Proclamation recognizing the ~!iValle~ili~?iReoreation Canter
~.;ommittee to Dr. Marvin Trotter of the Committee.
..... ============================
Mayor Malone presented the Proclamation declaring O~~i!Cuitural Arts
Ukiah to Rob Wilson, Director of the Grace Hudson Muse~i-~;~:iii:iii!iiiiii:iiiii:iiiiiiii~i~ " ....... ' "'
'~:~::"
~leUnS_,,ef.~m' ,r.o.m t.h.e ,ederal. lns_titute, of M. useum aa~[i~, servic.~'~iiiii~ii~ noted the upcoming
_ · ~[ mr tne ..M.u. seum, ,=,n I:ven~ng with Gra~ii~i~ili~n Octo~i~i:~-'1997, and the opening
~c. Proclamation - Seotember aa '..~hool'a ~en~?!~ullv" Mor~h
Mayor Malone presented the Procl~n decl~g September as "School's Open-Drive Carefully"
Month to Bill Fernandez, Manage~!~i~he Ca!~ia State.~btomobile Association office in Ukiah
4a. Mi~s of the Re~:!~etinn ~
MIS Ash'~:~iiii~o aP~ili~:iiM.inutes of the Regular Meeting of August 20 1997 as
submitted, ~;i~iii~ follo~i!~!ili~! vote: AYES: Councilmembers Chavez, As~iku, ~;lly,
Mastin, and a~~~.. NOE~i~:: ABSTAIN: None. ABSENT: None
.'~ ~ ¥:*:::::::::: ¥;::::::: ¥ [::::: :i:: :~:.'*:~:i:i:i;~ :;:::~:;. '""";:i:i:.;'i: '
5. ~T TO A~i~ClSION
Ma¥~?Malone reviewe~ii~Peal process.
~?~..S:..t, in/Ke!.l~i~Pprov, the Consent Calendar as follows:
~iiiii~:'i~ C3airns for Damages received from Phyllis Vare, Be leb Es resso t
~*~:f'e . . try App y, p Sop
, and John and Reta H~II, and referred to City Insurance Carder, REMIF;
b. Approved disbursements for the month of August, 1997;
c. Awarded contract to Proseed Landscape & Erosion Control Contractors for landfill erosion
control in the amount of $13,520;
d. Received report of the acquisition of two wheel ddve pick-up truck for Solid Waste
Department;
e. Adopted Ordinance No. 994, Amending Chapter 3, Article 5, Section 350 the Ukiah Municipal
Code Regarding City Clerk Compensation;
f. Authorized purchase of a two axle water truck for Solid Waste Department;
g. Authorized purchase of Vac-Con Model V350THA/850 Combination Sewer and Storm Drain
Cleaner Demonstrator Unit;
h. Received report of the acquisition of services from the California Conservation Corps for
Solid Waste Department;
Regular Meeling - Sel:~mber 17, 1997
Page I
i. Awarded the bid for a 2-wheel drive compact pick-up;
j. Approved budget amendment for Arbitrage Rebate Calculation Services - Lake Mendocino
Bond Fund #550;
k. Received report regarding Expenditure for the Management/Production Contract for the 1998
Sundays in the Park Concert Series;
I. Received report regarding purchase of annual fertilizer supply for Golf Course;
m. Awarded the bid for purchase of electric meters to WESCO in the amount of $34,957.49;
n. Approved payment for work performed under Agreement wffh Kennedy/Jenks Consultants
in the amount of $4,983.00; and
o. Adopted Resolution No. 98-12, Waiving the 60-Day Notification Requirement for
Establishing a County Facility in the City.
The motion carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly,
Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None.
Mayor Malone announced item 9b, Letter from Su~an Wertheimer, was withdrawn from the
agenda.
7. AUDIENCE COMMENTS ON NON-AGENDA ITEM~
No one came forward to address the Council.
Since it was not yet 7:00 p.m., the hour scheduled for
was taken next.
9. PETITIONS AND COMMUNICATIONS
9a. Letter from Warren Sawvem
City Manager Horsley mentioned the background
Ukiah Municipal Airport, both with fuel tanks
children playing in the vicinity of the
concerns at its September 9, 1997 meeti~
Warren Sawyem, 1081 Helen
concerns, however he believed th
alternate route across the
Airport Mar~...ger Bua noted...ti~
easily be .~tJed on
truck.
Adr/
safety at the
tarmacs, and with
review Mr. Sawyers'
had been addressed.
use of,
redress had been made to his
He suggested the use of an
light on top of the fuel truck.
flashing light, and a warning light could
the route across the airstdp had been
(FAA) and was preferred over another route
The Council
Airport
gb.
A~ayor Malone
ag!
light on the fuel tanker would mitigate the problem.
ht for the truck would be installed in about one week.
~ly mentioned, this item was withdrawn by Susan Wertheimer from the
Mayor Malone polled the Council as to whether they had all viewed the site. All Councilmembers
responded they had.
Associate Planner Loh~e noted on August 27, 1997, the Planning Commission denied, on a 4-1
vote, the Site Development Permit Amendment application by Jack in the Box to revise the
previously approved Sign Program and allow construction of an additional monument sign in the
landscape planter area required on the northern boundary of its property et Talmage and Airport
Roads. The Planning Staff recommended approval of the revised plan for a 4' x 4' sign.
Mayor Malone opened the Public Heating at approximately 7:05 p.m.
Regular Meeling. September 17, 1997
Page 2
Chuck Shaw, Regional Real Estate Manager for Jack/n the Box, 901 Sunrise Avenue, #B-9,
Roseville, C, alifomia, noted confusion on his part in applying for the sign, mentioned the need for
visibility of the sign when approaching from the east, and hoped the Council would accept the new
proposal.
The Public Headng was ciosed at 7:09 p.m.
M/S MalonelAshiku to uphold the action of the Planning Commission to deny Site Development
Permit Amendment No. 97-34, carded by the following roll call vote: AYES: Councilmembers
Chavez,' Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT:
None.
10. UNFINISHED BUSINES-~
10a. Consideration of Herbicide Uae in Caltmns' Ri0hts..of. Wa,_,
t~ M_armg?.r Homey noted the May 21, 1997 presentation by C, altrans to the Coun~t which time
r,;ounci~. ?ked for more information from C, altrans regarding ~ Roa~ Vegetation
anagement t.'rogram and the use of herbicides along the Highway 10.~i~rd~:~thin the Ukiah
City Limits. .~..~... ~!i~!!iiii!i!iiiii~ii!.."..~ ......
M.arty v..an Zen. dr, District Division Chief,. Maintena~I' Ope~ii~:S' diatribe'
~to .r?.a,t,o,n, pa .c,K.e. ts t,o. the Coun~l._He outhned procedures and
~oaaslae vegetation Management P'ro ram ~a .<,..,.~.,' ........ ~.~;i~.~:~..'.*~::~:.......:.~::~
Discussion ensued regarding Wes and methods of s i iil!...m, e ines involved, ' iaatives to
chemical spraying, and the County of Mendocino's a~ hoc ~i!!o study the use of herbicides.
The Council expressed an interest in joining with the Cq.~":~f.:~~.no in its study of herbicide
City Manager Homley noted City staff was !l~iii~ss o~~g a report to Council
No specific action was taken regardingi~raying~ ~~i!ii!!i~e Council will make further
deliberation after it has received City s~ff's repo.~ii~n the ~ii~'e of herbicides, which report is
expected at the October 1, 1997 ~!~r COUP:: meeting? Caltrans does not plan to spray the
highway with herbicides until late .~er or ~y Novem~r.
lOb. Re~)rieval o~ the Seme~'nt with ~Fi~i~ial Comoratiorl
This ~~i~ons~d~i~i~ed Sess~."?:~ee reported action under item ¶4d.
11a. Ado_~ti~!i!!~i!~solutio~">"i{~'"~,in~ Citv Mana,',er to Execute Grant to Purcha_--
Extri~ti6~:!:_.S.~!:~and S~iies for Ambulance
City ~:iiager Horaley.~i!h~:'City received a grant from the C, alifomia State Office of Traffic
Saf-e~:~r the purchase ~~cation System (Jaws of Life) and supplies for its new ambulance
F.~:.i!Operation Chief ~delin mentioned the grant prepared b Fire En ineer Yatea w
.~:~a~¥ .... ~:~ ....... Y g , as for
~mately $20,00~..:~h the City's matching portion expected to be approximately $9,100. The
~~f local .f~i!~ll come from the Fire Department budget, a donation from the Firefighter
~~ii~' Fire Engine No. 5, and fees for transport services provided to the District
M/S Mastin/Kelly to adopt Resolution No. 98-13, Authorizing and Directing City Manager to Execute
Grant Agreement Documents from the State of California Office of Traffic Safety for the Purchase
of Automotive Traffic Accident Extrication Equipment and Ambulance Supplies, carded by the
following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, end Mayor Malone.
NOES: None. ABSTAIN: None. ABSENT: None.
RECESSED: 7:55 p.m.
RECONVENED: 8:04 p.m.
Regular Meeting - Sel:~ember 17, 1997
Page 3
11b. ProDosed Alternate Plan for the Construction and O_cmretion of a Garbaoe Transfer
Facility_ for the City of Ukiah
Public Works Director Kennedy submitted an alternative plan for the location, construction, and
operation of · Garbage Transfer Facility for use by the City of Ukiah, other agencies' haulers, and
individuals within Mendocino County. He proposed the facility be constructed and operated by the
City's franchise refuse collector, Solid Wastes Systems, and be located at their Taylor Ddve
maintenance yard. He outlined the City's past efforts to support the Mendocino Solid Waste
Management Authority (MSWMA), however the covenant with MSWMA has become null and void
since it was not ratified by all of the members of MSWMA. The City of Ukiah is under pressure to
develop a transfer station by May 1999, the probable closing date of the City of Ukiah Landfill. His
recommendation is to contract with Solid Wastes Systems to construct and operate such · transfer
station. Staff recommended and presented 11 detailed provisions for possible inclusion in such a
contract, which would be in the form of an amendment to the current contract with Solid Wastes
System.
City Manager Ho.lay noted this proposal was very similar to the one p~sentad..~e Council in
May of this year. City staff had been reserving this option in the hopes t~i~the~'osed MSWMA
Councilmember Mastin rreported on the MSWMA meeti~'"~eptem~!~iii~7, at which ti~'
the MSWMA Board of Directors decided to issue · new R~st for P~:al'~:~ii~[i1..a two .~k
response time. Bidders will be asked to consider three p~jble so~ of
County, or all of Mendocino County with the exception o~ili....C..i..ty..~[~'ort Bragg
County with the exceptions of the City of Fort aragg and ~!i~i!~illits. The RFP CJ~!ii~3t specify
Mike 5~eney, Manager of MSWMA, noted only 79% of~::~e co~? ...........
~ stream, which is Ukiah
and the county of Mendocino, is needed in order to~fy the ~:.of the RFP.
Di.'motor Kennedy and City Manager H~y not~, urg~ii~:i~-oceeding with transfer station
pmns soon, as the date for closure ~ Ukiah~ndfill is ~t approaching
Mayor Malone asked for comm~[~mm m~ers of ~!~udience.
Jim Salye~?:::~Solid Wast.~."i'~'.~m, pres~:~!i'~ng of the site on Taylor Drive, passed it
around t:~!i~ncil, P~.~.~;i!~S~ for'~ii~ous waste program, and stated his belief the
establisl~:~;~i~nsfer'"'~i~, gone on too long. He noted two facilities in the county, one
Pat McAIhst~[~::i!~ii[~s Imp~ent Group, mentioned the intention of the North Forks
Impr°vem.~i~Gf6:a~i~ii~ii!~8;ii~Ppea¥~gainst · transfer station located at the present North State
Street ~SWMA prop~iiii~!!!!~iii~as impractical to expect · response to an RFP in two weeks,
e.n .c~..~ed pdvate own~i~any transfer facility, and urged the Council to pursue the transfer
sta~' proposal for Tayl~e. He further added MSWMA has outlived its usefulness.
~'k William., 3 B~Street, inquired as to the intended inclusion in this proposal of the Solid
~ii~~i~hded Solid Wastes System no long owned ro on Wau h Lane
Rich'~'~E:'$heemaker, 710 Willow, noted MSWMA, at its meeting of the previous evening, had
reaffirmed its regional approach to garbage collection in this county, believing · consolidated system
is the best system. He thinks a regional approach is the least expensive alternative to rat·payers.
He admitted to the short response time for the RFP, but knows there are entities familiar with the
situation who are ready and willing to bid on the project.
Discussion ensued regarding collection rates and costs, and the value of competitiveness.
Mayor Malone returned the discussion to the Council.
The Council concurred both avenues to site a transfer station, the RFP process through MSWMA
and Solid Wastes System proposal, should be pursued simultaneously.
Regular Meeting. September 17, 1997
Page 4
M/S Ashiku/Chavez to direct staff to continue negotiations with Solid Wastes System, to pursue a
fixed rate over a 20-year period, to protect City retepayers, to use the waste stream from surrounding
areas to offset the tipping fees, to continue to participate in the MSWMA process, to have the matter
brought back to the Council on October 15, 1997, and to set October 24, 1997 as the last possible
date to resolve this matter.
Discussion took place regarding the length of the contract to be pursued. The maker and second
of the motion agreed to amend the motion as follows: To incorporate the provisions of the odginal
motion and to pursue a lO-year as well as 20-year time frame for any contract. The motion as
amended carded by the following roll call vote: AYES: Councilmembere Chavez, Ashiku, Kelly,
Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None.
RECESSED: 10:01 p.m.
RECONVENED: 10:09 p.m.
11c. Introduction of Ordinance Amendina_ Division 6. Chaater 2 of the Ukleh Munici_=al Cod-
Re_aardin_a Emem_enov Service-
City Manager Healey noted the proposed Ordinance was meant
Emergency Services Ordinance and to incorporate both
System (SEMS) and Mendocino Emergency Services
Rick Paige, Manager, Mendocino Emergency Services
and MESA. He noted participation in SEMS is
the State of Califomia for expenses incurred dudng a
M/S Mastin/Malone to introduce by title only the Ordinani
Ukiah Municipal Code Regarding Emergency Services,
None.
City's 1951
Management
of
Division 6, Chapter 2 of the
of all AYE. ABSENT:
City Clerk Henderson read the
MIS Mastin/Malone to introduce the Ordir 2 of the Ukiah City
Code Regarding Emergency Services AYES: Councilmembers
Chavez, Ashiku, Kelly, Mastin, .;i?~r M.I¢
None. . ~ii iii!ii!' ABSTAIN: None. ABSENT:
12. CITY COUNClL/REPOR~i~?
Councilme~r Chave&~i!i~ii~port
Councilmembe~i~i~ ~i~'the recent Skateboard Park benefit at Alex R. Thomas,
Jr., Plaza. ~i;i~!i~ii~~" Ukiah Valley Art and Recreation Center Committee. That
group has~:~ntly r~~?~:i~0n-pr0fit status. The Sun House Guild is sponsoring a benefit for
the G :: hud Jo ., o. O=tober lS, 1997; she has tickets
fo, r_t~j~?r.ace H..uds.on M~?enefit raffle. The Museum received a prestigious grant of nearly
~=)~u ~rom me )nstit~ ~f Museum and Ubrany Services. She also attended an Economic
opment Financing~rporation meeting last month.
~member M~n commented he had spent much of his week dealing with garbage related
m~a'~j~lena reported he met with a neighborhood group led by Susan Wertheimer regarding a
recent police action in the Arlington Street area. He noted he had attended a Northwestern Pacific
Railroad Authority Board of Directors' meeting at which proposals for privatization were considered.
He also commented on the success of the Skateboard Park benefit.
13. CITY MANAGER/DEPARTMENT HEAD REPORT~
City Manager Horsley noted she had photographs to share with the Council of the Juvenile
Probation Work Program at the landfill site.
RECESSED: 10:29 p.m.
RECONVENED: 10:~5 p.m.
Regular Meeling - SefXember 17, 1997
Page 5
14. CLOSED SESSION
The Council adjourned to Closed Session at 10:35 p.m. and reconvened in open session at
11:20 p.m.
14a.
Electric Utility - Pm_~erty Ne0otiatioq-
G.C. Section 54956.8. Conference with Real Pro_aertv Neootiator
Property: Lake Mendocino Hydroelectric Plant: Ne_a0tiato~ DarrvI
No action was taken on this matter.
14b.
Sale of North Fire Station - Pro_~erty Neaotiation-
G.C. Section 54956.8 - Conference with Reel Pro~ertv Neootiato,'
Under Neootiation: Terms: Ne0otiato~. Candace Horeley
No action was reported on this matter.
14c.
Neootiator: Candace Horelev
No action was reported on this matter.
14d.
39841
MIS Maatin/Kelly to approve the
amount of $45,000, carded by the
Mastin, and Mayor Malone. NOES: None.
MIS MastinlKelly to approve the setth
authorize the City Manager to si
Councilmembers Chavez, Ashiku,
ABSENT: None.
15.
The m~
ag~
Corporation in the
Chavez, Ashiku, Kelly,
Dne.
Pierce Refsnes, Inc. and
by the following vote: AYES:
NOES: None. ABSTAIN: None.
Colleen B. Henderson, City Clerk
Regular Meeting - S~3~rnb~r 17, 1997
Page 6
ITEM NO. 6a.
DATE: OCTOBER 1, 1997
AGENDA ~;UMMARY REPORT
SUBJECT: ADOPTION OF ORDINANCE AMENDING DIVISION 6, CHAPTER 2 OF THE
UKIAH MUNICIPAL CODE REGARDING EMERGENCY SERVICES
At the September 17, 1997 City Council meeting the ordinance amending the Municipal
Code to revise the City's emergency services procedures was introduced by a unanimous vote
of the Council. Adoption of the ordinance is now appropriate.
Staff recommends that the City Council adopt the ordinance.
RECOMMENDED ACTION:
Adoption of Ordinance Amending Division 6, Chapter 2 of the
Ukiah Municipal Code Regarding Emergency Services
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. Determine ordinance requires modifications, identify necessary changes, and adopt
revised ordinance.
2. Determine changes are not appropriate and do not adopt ordinance.
Acct. No. (if NOT budgeted): N/A
Appropriation Requested: N/A
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
Acct. No.: N/A
NA
Michael F. Harris, Assistant City Manager
Candace Horsley, City Manager
1. Ordinance for adoption, pages 1-11.
APPROVED: ~',-~-" li l<~-'~-~ ~.,--:~ -er
Candace Horsley', City I~anag
mfh:asrcc97
1001EMERG
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF UKIAH AMENDING DIVISION 6, CHAPTER 2
OF THE UKIAH CITY CODE REGARDING EMERGENCY SERVICES
The City Council of the City of Ukiah does Ordain as follows:
Section 1. Chapter 2 of the Ukiah City Code shall read as follows:
CHAPTER 2 - EMERGENCY SERVICES
ARTICLE 1 - PURPOSES AND DEFINITION
Section 5100 - Purposes:
The declared purposes of this Chapter are to provide for the preparation and carrying out of plans
for the protection of persons and property within this City in the event of an emergency; the
establishment, coordination, and direction of the City emergency organization, the Disaster
Council; and the Office of Emergency Services; and the coordination of the emergency functions
of this City with all other public agencies, corporations, organizations, and affected private
persons.
Section 5101 - Definitions:
The following terms as used in this Chapter shall, unless the context clearly indicates otherwise,
have the respective meanings herein set forth:
A. "Council" means the City Council.
B__,. "Emergency" means the actual or threatened existence of conditions of disaster or of
extreme peril to the safety of persons and property within this City caused by such conditions as
environmental disasters, air pollution, fire, flood, storm, epidemic, hazardous materials incident,
riot, or earthquake, or other conditions, including conditions resulting from war or imminent threat
of war, but other than conditions resulting from a labor controversy, which conditions are or are
likely to be beyond the control of the services, personnel, equipment, and facilities of this City,
requiring the combined forces of other political subdivisions to combat. Included within the term
"emergency" are the various degrees of emergency enumerated in the California Emergency
Services Act, Section 8558 of the Government Code including "state of war emergency," "state
of emergency", and "local emergency."
Pursuant to Government Code Section 8558, the following terms shall have the following
meaning:
1. "State of war emergency" means the condition which exists immediately, with or
without a proclamation thereof by the Governor, whenever this state or nation is attacked
by an enemy of the United States, or upon receipt by the State of a warning from the
federal government indicating that such an enemy attack is probable or imminent.
Ordinance No.
Page 1 of 11
2. "State of emergency" means the duly proclaimed existence of conditions of
disaster or of extreme peril to the safety of persons and property within the state caused
by such conditions as environmental disasters, air pollution, fire, flood, storm, epidemic,
hazardous materials incident, riot, or earthquake or other conditions, other than conditions
resulting from a labor controversy or conditions causing a "state of war emergency" which
conditions, by reason of their magnitude, are or are likely to be beyond the control of the
services of any single county, city and county, or city, and require the combined forces of
a mutual aid region or regions to combat.
3. "Local emergency" means the duly proclaimed existence of conditions of disaster
or of extreme peril to the safety of persons and property within the territorial limits of a
county, city and county, or city, caused by such conditions as environmental disasters, air
pollution, fire, flood, storm, epidemic, hazardous materials incident, riot or earthquake, or
other conditions, other than conditions resulting from a labor controversy, which conditions
are or are likely to be beyond the control of the services, personnel, equipment, and
facilities of that political subdivision and require the combined forces of other political
subdivisions to combat.
C. "Emergency Operations Center (EOC)" means a location from which centralized
emergency management can be performed.
D. "Emergency Response Agency" means any organization responding to an emergency,
whether in the field, at the scene of an incident, or to an EOC, in response to an emergency, or
providing mutual aid support to such an organization.
E. "Emergency Response Personnel" means personnel involved with an agency's response
to an emergency.
F. "Emergency Services" means all activities carried out pursuant to the California
Emergency Services Act.
G. "Expenditures" means any expenditures made in connection with emergency activities,
including mutual aid activities, and shall be deemed conclusively to be for the direct protection
and benefit of the inhabitants and property of the City.
H. "Incident" means an occurrence or event, either human-caused or by natural phenomena,
that requires action by emergency response personnel to prevent or minimize loss of life or
damage to property and/or natural resources.
I. "Lead Agency" means the agency designated to act as the primary coordinator and
facilitator of emergency services during an emergency within the operational area.
J. "Mutual Aid Region" means a geographical area defined by the State of California in
accordance with the State Emergency Services Act (the City of Ukiah is within the Coastal Region
OES and Region 2 of Law Enforcement and Fire).
K. "Operational Area" means an intermediate level of the state emergency services
organization, consisting of a county and all political subdivisions within the county area. Each
Ordinance No.
Page 2 of 11
county geographic area has been designated by the state as an operational area. An operational
area is used by the county and the political subdivisions comprising the operational area for the
coordination of emergency activities and to serve as a link in the system of communications and
coordination between the state's emergency operation centers and the operations centers of the
political subdivisions comprising the operational area, as defined in Government Code Sections
8559(b) & 8605. This definition does not change the definition of operational area as used in the
existing fire and rescue mutual aid system. The Mendocino Emergency Services Authority, a
Joint Powers Authority comprised of the County of Mendocino and the incorporated cities within
the County, shall serve as the lead agency of the operational area unless another member
agency of the operational area or another Joint Powers Authority assumes that responsibility by
written agreement with county government. The City of Ukiah is a member of the Mendocino
County Operational Area and participates in its functions.
ARTICLE 2 - CITY EMERGENCY ORGANIZATION
Section 5110 - City Emergency Organization
All officers and employees of the City, together with those volunteer forces registered to aid them
during a duly proclaimed emergency, and all groups, organizations, and persons, including
persons impressed into service under the provisions of this chapter, who by agreement or
operation of law, may be charged with duties incident to the protection of life and property in the
City of Ukiah during such emergency, shall constitute the City of Ukiah Emergency Organization.
The City Emergency Organization also includes the American Red Cross, members of recognized
community disaster relief and response organizations (e.g. NEST), Radio Amateur Civil
Emergency Services (RACES), and such other organizations and groups as may offer and have
their services accepted prior to, during, or after an emergency.
A.
All employees of the City are designated as Disaster Service Workers pursuant to
California Government Code 3100.
a.
The City Emergency Organization shall organize its response using the California
Standardized Emergency Management System (SEMS).
Section 5111 - Standardized Emergency Management System (SEMS)
The Standardized Emergency Management System (SEMS) is the adopted emergency
management system in the County of Mendocino and the City of Ukiah. The Standardized
Emergency Management System (SEMS) utilizes the Incident Command System (ICS),
Multi/interagency coordination, Mutual Aid, and the Operational Area concept to facilitate priority
setting, interagency cooperation, and the efficient flow of resources and information during an
emergency.
Section 5112 - City Mutual Aid Coordinators
The following are named for the purpose of coordinating emergency mutual aid requests made
through established state procedures:
Ordinance No.
Page 3 of 11
_'~ .
A. Building Inspector Mutual Aid - Planning Director or her/his designee
Bo
Emergency Management Mutual Aid - City Emergency Services Coordinator or her/his
designee.
C. Fire & Rescue Mutual Aid - Public Safety Director or her/his designee.
D. Law Enforcement Mutual Aid - Public Safety Director or her/his designee.
E. Medical Examiner/Coroner Mutual Aid -Public Safety Director or her/his designee.
F. Medical/Health Mutual Aid - County Public Health Officer or her/his designee.
G. Public Works Mutual Aid - City Engineer/Public Works Director or her/his designee.
Section 5113 - Disaster Council created
The City of Ukiah Disaster Council is hereby created and shall consist of the following:
A. The Mayor, who shall serve as the Disaster Council Chair;
B. A second member of the Council, who shall be first vice-chair;
C. The City Manager, who shall be the second vice-chair;
D. The Assistant City Manager;
Eo
Such representatives of federal, state, and local civic, business, labor, veterans,
professional, or other organizations having an official emergency responsibility, as may
be appointed by the City Council;
F. The Director of Public Safety or her/his designee for Police operations;
G. The Director of Public Safety or her/his designee for Fire operations;
H. Such department heads as may be appointed by the City Council;
I. The City Attorney (who shall serve without vote);
J. The City Emergency Services Coordinator shall serve as staff to the Disaster Council.
Section 5114 - Disaster Council - Powers and Duties:
It shall be the duty of the City Disaster Council, and it is hereby empowered, to develop and
recommend for adoption by the City Council, emergency and mutual aid plans and agreements
and such ordinances and resolutions and rules and regulations as are necessary to implement
such plans and agreements. The Disaster Council shall meet upon call of the chair or, if he is
Ordinance No.
Page 4 of 11
unavailable or unable to call such meeting, the first vice-chair and then the City Manager or
her/his designee may call a meeting. The Disaster Council shall meet a minimum of twice a year
at a time and place designated by the Chair. The City Disaster Council shall call and conduct its
meetings in accordance with rules, not inconsistent with this Chapter, as the Council shall adopt
by majority vote.
Section 5115 - Volunteers
Volunteers who perform service in the City Emergency Organization in accordance with the
provisions of this ordinance shall so serve without compensation. Volunteers shall be registered
with the City Office of Emergency Services as Disaster Service Workers in order to be eligible
for Worker's Compensation benefits, as provided in Part 1, of Division 4, of the California Labor
Code, commencing with Section 3201.
ARTICLE 3- OFFICE OF EMERGENCY SERVICES
Section 5120 - Office of Emergency Services created - officers and staff:
There is hereby created within the City of Ukiah the City of Ukiah Office of Emergency Services
(OES). The OES is part of the City Manager's Office headed by the "Director of Emergency
Services".
Section 5121 - Director:
There is hereby created the position of Director of Emergency Services. The City Manager shall
be the Director of Emergency Services. The Assistant City Manager shall serve as Director of
Emergency Services during any temporary absence or disability of the City Manager.
Section 5122 - Powers and Duties:
The Director is hereby empowered to:
A.
Request the City Council to proclaim the existence or threatened existence of a "local
emergency" if the City Council is in session, or to issue such proclamation if the City
Council is not in session. Whenever a local emergency is proclaimed by the Director, the
City Council shall take action to ratify the proclamation within seven days therafter or the
proclamation shall have no further force or effect.
Bo
Request the Director of the Mendocino Operational Area, the Governor of the State, and
the President of the United States to proclaim a "state of emergency" when, in the opinion
of the Director, the locally available resources are inadequate to cope with the emergency.
Co
Control and direct the effort of the Emergency Organization of this City for the
accomplishment of the purposes of this Chapter.
O.
Direct cooperation between and coordination of services and staff of the Emergency
Organization of the City; and resolve questions of authority and responsibility that may
Ordinance No.
Page 5 of 11
arise.
Eo
Represent this City in all dealings with public or private agencies on matters pertaining to
emergencies.
F.
In the event of the proclamation of a local emergency the proclamation of a state of
emergency by the Governor or the Director of the California Office of Emergency Services,
or the existence of a state of war emergency, the Director is hereby empowered:
1. To make and issue rules and regulations on matters reasonably related to the
protection of life and property as affected by such emergency; provided, however
such rules and regulations must be confirmed at the earliest possible time by the
City Council;
2. To obtain vital supplies, equipment, and such other properties found lacking and
needed for the protection of life and property and to make expenditures, binding the
City for the fair value thereof and, if required immediately, to commandeer the same
for public use;
3. To require emergency services of any City officer or employee and, in the event
of the proclamation of emergency or state of war emergency, to command the aid
of as many citizens of this community as he or she deems necessary in the
execution of his or her duties; such persons shall be entitled to all privileges,
benefits, and immunities as are provided by State law for registered disaster service
workers;
4. To requisition necessary personnel or material of any City department or agency;
5. To execute all of his or her ordinary power as City Manager, all of the special
powers conferred upon him or her by this Chapter or by resolution or emergency
plan adopted by the City Council, all powers conferred upon him or her by any
statute, by any agreement approved by the City Council, and by any other lawful
authority.
O.
Designate the order of succession to the Director's office, to take effect in the event the
Director is unavailable to attend meetings and otherwise perform hie duties during an
emergency. Such order of succession shall be maintained on file with the City Clerk.
Section 5123: Office of Emergency Services staff:
The City Emergency Services Coordinator shall be appointed by the City Manager.
Section 5124: Powers and duties of the Emergency Services Coordinator
The Emergency Services Coordinator shall:
A.
Coordinate the activities of all emergency services in pre-emergency planning, during an
emergency, and in post-emergency activities as the chief staff officer for the Director of
Ordinance No.
Page 6 of 11
Emergency Services.
a.
Represent the City in dealings with public and private agencies pertaining to emergency
planning.
C.
Organize, develop and coordinate the City's participation in Operational Area emergency
programs, working with local agencies, County departments, special districts, supporting
agencies and volunteer groups.
Do
Prepare and maintain the basic emergency plans for the City and submit such plans to the
Director of Emergency Services prior to filing with the Operational Area Office of
Emergency Services.
F. Serve as staff of the Disaster Council.
Fo
Serve as advisor on emergency preparedness matters to directors of emergency services
of any agencies that have by agreement contracted with the City for such services.
Go
Maintain 24-hour a day availability of on-call emergency management personnel for
immediate response if called upon by the City.
H.
Conduct a City Emergency Operations Center Exercise, in whole or part, at least annually.
I. Perform other duties as may be assigned by the Director of Emergency Services.
Section 5125: Local Emergency - Authority to Proclaim - Ratification
The City Council, or if the Council is not in session, in the following order, City Manager, Assistant
City Manager, or their designee operating as Director of Emergency Services in the Emergency
Operations Center may proclaim a local emergency. Whenever a local emergency is proclaimed
by an authorized City officer, the City Council shall take action to ratify the proclamation within
seven days thereafter or the proclamation shall have no further force or effect.
Section 5126: Legality of Initial Emergency Measures
All emergency measures taken by the Director of Emergency Services prior to the issuance of an
official proclamation of emergency, or prior to any decision of the City Council not to issue such
proclamation, shall be legal and binding upon the City.
Section 5127: Local Emergency - Termination
Pursuant to the California Emergency Services Act, the Council shall review the declaration at
least every 14 days until the need for continuing the local emergency has ended, and shall
proclaim the termination of such local emergency at the earliest practicable date that conditions
warrant.
Section 5128: State of Emergency - Who May Request
Ordinance No.
Page 7 of 11
The City Council, or if the Council is not in session, in the following priority order, City Manager,
Assistant City Manager, or their designee operating as Director of Emergency Services in the City
Emergency Operations Center, may request the Governor to proclaim a state of emergency where
the conditions of disaster, or of extreme peril to the safety of life and property within the City
caused by such conditions as environmental disasters, air pollution, oil or chemical spill, fire,
flood, storm, riot, earthquake or other conditions, other than conditions resulting from a labor
controversy or conditions causing a state of war emergency, which conditions, by reason of their
magnitude, are likely to be beyond the control of the City, and require the forces of a mutual aid
region or regions to combat.
Section 5129: Activation of County/Operational Area Emergency Operations Center
The following personnel are authorized to request the activation and partial or total mobilization
of the County Emergency Organization to staff the County/Operational Area Emergency
Operations Center (EOC): the City Manager, Assistant City Manager, City Emergency Services
Coordinator, and others authorized by the City Manager to act as Director of Emergency Services
in the City Emergency Operations Center.
Section 5130: Authority for Emergency Orders and Regulations
The City Council, to provide prompt response to emergency situations following the proclamation
of a local emergency as authorized in this Chapter, the proclamation of a state of emergency,
local emergency or the existence of a state of war emergency, specifically delegates in the
following priority order, to the City Manager, Assistant City Manager, or others authorized by the
City Manager to act as Director of Emergency Services in the Emergency Operations Center,
authority to promulgate orders and regulations to provide for the protection of life and property,
where necessary to preserve the public order and safety. Such orders and regulations should,
when circumstances permit, be jointly concurred in, but may be independently promulgated when
the situation makes concurrence impractical. All such orders and regulations to be effective must
be in writing and signed by the promulgating official, and must be confirmed at the next regular
meeting of the City Council.
Section 5131: Authorized Emergency Vehicles
Private or public owned vehicles, while operated in the line of duty by Office of Emergency
Services personnel responding to, but not returning from, emergency calls are designated
authorized emergency vehicles [California Vehicle Code §2416 (10)].
Private vehicles must comply with California Code of Regulations Title 13, Sections 1120 through
1124 and be issued an Authorized Emergency Vehicle Permit (California Vehicle Code {}165)
prior to operation as authorized emergency vehicles.
Section 5132: Emergency Expenditures
Any expenditures made in connection with emergency activities, including mutual aid activities,
shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and
property of the City.
Ordinance No.
Page 8 of 11
ARTICLE 4 - EMERGENCY PLAN
Section 5140 - Planning:
The City shall include the use of the California Standardized Emergency Management System
(SEMS) in all emergency plans and procedures.
Section 5141 - Emergency Plan:
The County Operational Area Office of Emergency Services shall be responsible for the
development of the Operational Area Emergency Plan, which Plan shall provide for the utilization
of the California Standardized Emergency Management System (SEMS); effective mobilization
of all of the resources of the County, both public and private, to meet any condition constituting
a local emergency, state of emergency, or state of war emergency; and shall provide for the
organization, powers and duties, services, and staff of the emergency organization. The City
Emergency Plan will reflect all requirements to coordinate activities in conjunction with the
Operational Area Emergency Plan. Such plan shall take effect upon adoption by resolution of the
City Council.
It shall be the responsibility of all City Emergency Operations Center Section Chiefs and
alternates to have a thorough knowledge of the City and Operational Area Emergency Plan. The
City shall insure that the key personnel are properly trained and organized to meet all of their
responsibilities in the event of an emergency.
Section 5142: Emergency Preparedness Council; membership.
The Mayor shall be City of Ukiah's representative to the County of Mendocino Emergency
Preparedness Council.
ARTICLE 5 - ENFORCEMENT
Section 5150 - Punishment of Violations/Acts prohibited during emergency:
During the period beginning on the date the existence of a major disaster or state of emergency
declared by the Director of Emergency Services and ending 180 days after that date, and within
the area to which the declaration applies, it shall be a misdemeanor, punishable by a fine of not
to exceed five thousand dollars ($5,000), or by imprisonment for not to exceed six months, or
both, for any person, contractor, business, or other entity during an emergency to:
A.
Willfully obstruct, hinder, or delay any member of the emergency organization in the
enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the
performance of any duty imposed upon him or her by virtue of this chapter.
a.
Do any act forbidden by any lawful rule or regulation issued pursuant to this chapter, if
such act is of such a nature as to give or be likely to give assistance to the enemy, during
a state of war emergency, or to imperil the lives or property of inhabitants of this City, or
to prevent, hinder, or delay the defense or protection thereof.
Ordinance No.
Page 9 of 11
Co
Wear, carry, or display, without authority, any means of identification specified by any
emergency services agency of the State of California, the County of Mendocino, County
districts, or any city in the County of Mendocino.
Do
Sell, or offer to sell, any consumer food items, repair or reconstruction services,
emergency or medical supplies or gasoline for an amount which is ten or more percent
greater than the price charged by a person, contractor, business or other entity for said
goods or services immediately prior to the proclamation of emergency unless said person,
business, contractor, or other entity can prove that the increase was directly attributable
to additional costs imposed on it by the supplier of the goods or for labor and materials
used to provide the service.
For purposes of this emergency order, the following definitions shall apply:
o
A consumer food item is any article which is used or intended for use as food, drink,
confection or condiment by humans or animals.
.
Repair or reconstruction services are those contractor services for repairs to
residential and commercial property of any type which are damaged as a result of
the disaster. This includes the removal of debris (including a damaged tree) and
garbage.
.
Emergency supplies shall include, but are not limited to, water, flashlights, radios,
batteries, candles, blankets, soaps, and diapers.
o
Medical supplies shall include but are not limited, to prescription and non-
prescription drugs, bandages, gauzes, and isopropyl alcohol.
E.
Buy, sell, remove, deface, cover, hide, destroy, or tamper with any sign, tag, or placard
posted by a member of the City emergency organization on a building or structure
damaged by a disaster.
F.
Post any sign, tag ,or placard not authorized by the City emergency organization on a
building or structure damaged by a disaster.
Section 2. Authorities and References
a.
Standardized Emergency Management System (SEMS) Regulations: California Code of
Regulations Title 19, Division 2, Chapter 1, commencing with §2400.
b. California Emergency Services Act: Health and Safety Code §1797 et seq.
c. Disaster Service Workers: California Government Code § 3100 et seq.
Section 3. Repealer and continuation:
All ordinances or parts of ordinances in conflict herewith, and specifically City of Ukiah Ordinance No.
441 adopted in 1951, and Ordinance No. 651 adopted in 1973, as set forth as Division 6, Chapter 2 of
Ordinance No.
Page 10 of 11
- [{3--
the Ukiah City Code, are hereby repealed; provided, that it is the intent of the City Council in enacting
this ordinance that it shall be considered a revision and continuation of the ordinance repealed by this
ordinance, and the status of volunteers shall not be affected by such repeal; nor shall plans and
agreements, rules and regulations, or resolutions adopted pursuant to such repealed ordinance be
affected by such repeal until amended, modified, or superseded as provided in this ordinance.
Section 4. Severability:
If any provision of this ordinance or the application thereof to any person or circumstance is held invalid,
such invalidity shall not affect other provisions or applications, and to this end the provisions of this
ordinance are declared to be severable.
Section 5. Effective Date:
This ordinance shall become effective thirty (30) days from and after its adoption.
Section 6. Publication:
The City Clerk is directed to cause this ordinance to be published as provided by law in the Ukiah Daily
Journal, a newspaper of general circulation, published and printed in the City of Ukiah.
INTRODUCED BY TITLE ONLY on 17 th day of September, 1997, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone
None
None
None
PASSED AND ADOPTED this 1st day of October, 1997, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Sheridan Malone, Mayor
Colleen B.
mfh:emerg
EMERGORD
Henderson, City Clerk
Ordinance No.
Page 11 of 11
ITEM NO. 6b
DATE: October 1, 1997
AGENDA SUMMARY REPORT
SUBJECT: Award bid for 10,000 t't. of 4/0 AWG 15 KV cable to Hendrix % C. Stephens &
Associates in the amount of $18,672.23.
A Request for Quotation (RFQ) for 10,000 fi. of 4/0 AWG 15 KV cable was written to provide
material for underground construction projects for the 1997/1998 fiscal year. A Request for
Quotation (RFQ) through the formal bid process was sero to fifteen (15) vendors and six (6)
were received and opened by the City Clerk on September 24, 1997, at 2:00 p.m. The bids
were evaluated by Staff and the low bidder was Hendrix % C. Stephens & Associates with a
total bid of $18,672.23 including tax and freight.
RECOMMENDED ACTION: Award bid for 10,000 ft. of 4/0 AWG 15 KV cable in the
amount of $18,672.23 to Hendrix % C. Stephens & Associates.
ALTERNATIVE COUNCIL POLICY OPTIONS: Reject all bids.
Acct. No. (if not budgeted): N/A
Appropriation Requested: N/A
Citizen Advised: N/A
Requested by: Stan Bartolomei, Electrical Supervisor
Prepared by: Judy Jenney, Pttrchasmg & Warehouse Assistant
Coordinated with: Candace Horsley, City Manager
Attachments: Bid results
Acct. No.: 800-3646-420
APPROVED:k~~ . , _
Candace Horsley, Cit37M~ager
BID RESULTS
4/0 AWG, 15KV
Pirelli Cable Corporation (alt)*
Hendrix % C. Stephens & Associates
King Wire Inc.
Pirelli Cable Corporation
Consol/dated Electrical Distributors
Champion Wire & Cable
The Okomte Company
$17,835.68
$18,672.23
$19,626.75
$20,806.50
$21,664.50
$22,361.63
No Bid
* Specifications call for tin plated concentric, Pirelli offering bare copper concentric
ITEM NO. 6c
DATE: October 1. 1997
AGENDA SUMMARY REPORT
SUBJECT: AWARD OF BID FOR LIQUID POLYMER BLEND TO NTU
TECHNOLOGIES FOR THE SUM OF $42,112.00.
Each year it is necessary to purchase approximately 89,600 pounds of Liquid
Polymer Blend for use at the Water Treatment Plant. Liquid Polymer Blend is used
for coagulation and flocculation in the water treatment process. Total quantities
are an estimation of annual usage. Orders are placed on an as needed basis by
plant personnel. $60,000 is budgeted for the purchase of water treatment
chemicals.
Requests for Quotation through the formal bid process were sent to eight suppliers
of water treatment chemicals. Four bids for this Liquid Polymer Blend were
received on September 22, 1997. The lowest bid meeting specifications was from
NTU Technologies for the sum of $42,112.00.
Staff recommends that the bid be awarded to NTU Technologies for the sum of
$42,112.00.
RECOMMENDED ACTION: Award the bid for Liquid Polymer Blend to NTU
Technologies for the sum of $42,112.00.
ALTERNATIVE COUNCIL POLICY OPTIONS: Reject all bids.
Acct. No. (if not budgeted): N/A Acct. No.: 820-3908-520
Appropriation Requested: N/A (If Budgeted)
Citizen Advised: N/A
Requested by: Darryl L. Barnes, Director of Public Utilities
Prepared by: George Borecky, Water/Sewer Operations Superintendent
Coordinated with: Candace Horsley, City Manager
Attachments: Tabulation of bids
APPROVED:
Candace Horsley,C,~ty Manager
,
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ITEM NO. 6d
DATE: October 1, 1997
AGENDA SUMMARY REPORT
SUBJECT: NOTIFICATION TO COUNCIL REGARDING THE AWARD OF BID TO
INSTALL FENCING AT THE CORPORATION YARD AND WATER
TREATMENT PLANT
REPORT: Included in the 1997/98 Budget is $10,000 to install perimeter fencing
at the Corporation Yard and $9,500 to fence the new ponds at the Water
Treatment Plant.
In order to get the best price, the projects were combined and put out to formal
bid. Bid packages were sent to seven fencing contractors. Two bids were
returned and opened by the City Clerk on September 23, 1997. The Iow bid was
received from Arrow Fencing for a combined total of $9,637.50. A purchase
order has been issued to Arrow Fencing for this amount. Based on our purchasing
policies, we are giving the City Council the required notification of the action.
RECOMMENDED ACTION' Receive and file report regarding the award of bid to
Arrow Fencing for the sum of $9,637.50
ALTERNATIVE COUNCIL POLICY OPTIONS' N/A
Acct. No. (if not budgeted)- N/A Acct. No.' 100-3301-250
Appropriation Requested: N/A 820-3901-250
Citizen Advised' N/A
Requested by: Darryl L. Barnes, Director of Public Utilities
Prepared by: George Borecky, Water/Sewer Operations Superintendent~-~,~~)
Coordinated with: Candace Horsley, City Manager
Attachments-
1. Tabulation of Bids
Candace Horsley,' Uit!
Manager
ITEM NO. 6e
DATE: October 1, 1997
AGENDA SUMMARY REPORT
SUBJECT:
APPROVAL OF NOTICE OF COMPLETION FOR CONSTRUCTION OF STREET
STRIPING 1997, SPECIFICATION NO. 97-11
SUMMARY: Funding for this project was approved in the fiscal year 1997/1998 budget in the
amount of $14,000 in account number 100-3110-250-000.
The work of the contract was completed by Central Striping Service, Inc., contractor, in
substantial conformance with the approved plans and specifications on September 9, 1997.
The final contract cost is $11,317.85. Final payment of the 10 percent retention in the amount
of $1,131.79 will be made to the contractor after 30 days from the date the Notice of
Completion is filed with the County Recorder.
RECOMMENDED ACTION: 1. City Council accept the work as completed; 2. Direct the City
Clerk to file the Notice of Completion with the County Recorder for Construction of Street
Striping 1997, Specification No. 97-11.
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.: 100-3110-250-000
(if budgeted)
Kennedy, Director of Public Works/City Eng!neer ~_~
Rick
Seanor, Deputy Director of Public Works~)~-
Rick
Candace Horsley, City Manager
Rick Kennedy, Director of Public Works/City Engineer
1. Notice of Completion
APPROVED: !~~ ! '/'~----~ ,
Candace Horsley, City/Manager
RJS:AGNC9711 .SUM
Please return to:
CITY OF UKIAH
300 Seminary Avenue
Ukiah, California 95482
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:
.
That the real property described is owned by the following whose address or addresses
are:
City of Ukiah, a Municipal Corporation
300 Seminary Avenue Ukiah California
.
That the nature of the title to the STREET STRIPING 1997, SPECIFICATION NO. 97-11,
of all said owners is that of fee simple.
3. That on the day of September 9, 1997, the Contractor was actually completed.
.
That the name and address of the Contractor is Central Striping Service Inc., 11391
Pyrites Way, Rancho Cordova, CA 95670.
o
That the real property herein referred to is situated in the County of Mendocino, State of
California, and is described as City-owned property located at Various Streets within the
City Limits.
CITY OF UKIAH, a Municipal Corporation
BY:
CITY CLERK
STATE OF CALIFORNIA )
) SS.
COUNTY OF MENDOClNO )
COLLEEN B. HENDERSON, being duly sworn says: That she is the Clerk of the
City of Ukiah City Council, that she has read the foregoing Notice of Completion and knows the
content thereof and the same is true of her own knowledge.
COLLEEN B. HENDERSON, CITY CLERK
Subscribed and sworn to before me this
day of
,1997.
Notary Public in and for the County of
Mendocino, State of California
cbh/c:notcomp
AGENDA
ITEM NO. 6f
DATE: OCTOBER 1, 1997
SUMMARY REPORT
SUBJECT: APPROVAL OF BUDGET AMENDMENT FOR FUND 341 "SURFACE TRANSPORTATION
PROGRAM FUNDS"
The Mendocino Council of Governments (MCOG) has approved funding in the amount of $50,000 under
the Surface Transportation Program (STP) of the Internodal Surface Transportation Efficiency Act (ISTEA)
for preliminary engineering and environmental review related to the Orchard Avenue Bridge over Orr
Creek, Extension of Orchard Avenue, and the Improvements of Brush Street Project. This project was
approved for funding in 1995 under Cycle 3, but no work was performed because K-Mart, a major
financial contributor for the construction of the bridge, elected not to pursue the construction of its new
facility within the Pear Orchard Shopping Center. With K-Mart's renewed interest in their new facility
and the payment of their contribution towards the bridge construction, it is now time to proceed with the
preliminary engineering work for the bridge before the STP project funding is de-obligated.
Recently, the Technical Advisory Committee (TAC) to the MCOG recommended that the STP funding for
the project continue to be obligated because the City has recently shown progress in implementing the
scope-of-work. Authorization to proceed with biological investigative site work has been issued to
Charles Patterson and an agreement for services with Rau and Associates has been executed for the
performance of field surveying and mapping work. In the very near future contracts for soils foundation
work and traffic engineering analysis will be procured. To date the sum of $9,500 has been committed.
The requested budget amendment reflects the increased revenue of $50,000 from MCOG to reimburse
expenditures of $50,000 for preliminary engineering related to the bridge.
RECOMMENDED ACTION: Approve budget amendment within Fund 341 for the Preliminary Engineering
of the Orchard Avenue Bridge with new revenue in Account 341.0600.490.000 and expenditure of
$50,000 in Account No. 341.9645.250.000.
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. Determine amendment must be modified, define changes, and approve revised budget amendment.
2. Determine bridge is not to be constructed and take no action.
Appropriation Requested:N/A
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
Acct. No.: 341.9645.250.000
$50,000
N/A
Rick H. Kennedy, Director of Public Works/City Engineer
Rick H. Kennedy, Director of Public Works/City Engineer
Candace Horsley, City Manager
Gordon Elton, Director of Finance
1. Budget Amendment Worksheet
2. Correspondence with MCOG
APPROVED: ~ .-~~ ~~t~~....
,-.,~,,,:,, Candace H-~rsley, City Manager
ASURFACE.FND
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300 UKI,AH, C_~ 95482-5400
· ADMIN. 707/463-6200 · PUBLIC SAI:ETY 463-6242/6274
· FAX # 707/463-6204 ·
September 12, 1997
Phil Dow
Transportation Planner
c/o MENDOCINO COUNCIL OF GOVERNMENTS
215 West Standley Street
Ukiah, California 95482
RE:
Letter of Justification to Maintain the City's Approved Cycle 3 d(1) Project,
"Environmental Review and Preliminary Engineering for the Construction of
Orchard Avenue Bridge at Orr Creek, Orchard Avenue Extension and the
Improvement of Brush Street", on the Funding List
Dear Phil'
As advised in your memorandum of August 5, 1997, we are providing this letter of
justification to be presented to the TAC for the purpose of maintaining our d(1 ) funded
project on the funding list.
I have previously discussed with the Committee why this project did not show
progress after it was approved for funding on December 4, 1995. Now that K-Mart
has proceeded with their new facility and their contribution towards the bridge project
has been received, work of our d(1) project has begun. I am enclosing copies of a
letter of authorization to proceed with environmental services and an Agreement for
Services for survey and mapping work related to our project. As you can discern, the
City has already committed up to $9,500 of the project funds. Removing our project
from the d(1 ) approved funding list at this stage will cause a financial hardship on the
City.
Sincerely,
Director of Public Works~ity Engineer
cc: Candace Horsley, City Manager
R:I\PVV
LDOW
'~X/e Are Here To Serve"
300 SE, UKIAH, CA 95482-5400
· /~MIN. 707/463-6200 · PUEg_IC SAFELY 463-6242/6274
· FAX # 707/463-6204 ·
August 6, 1997
Charles A. Patterson
1806 Ivanhoe
Lafayette, CA 94549
RE'
ORCHARD AVENUE BRIDGE AT ORR CREEK/AUTHORIZATION TO
PROCEED WITH BIOLOGICAL INVESTIGATIVE SITE WORK
Dear Mr. Patterson:
Thank your for your cost proposal for the performance of the referenced work.
The scope of work outlined in your proposal adequately addresses the work we
desire at this time. You are hereby authorized to proceed with the work as
described in your proposal on a time and expense basis, not to exceed a total
compensation of $1,000. The work authorized does not include the obtaining of
permits or agreements, nor does it include meetings with regulatory agencies or
written responses to their comments.
Beginning the work on or about August 21, 1997 would be agreeable to the City.
Please continue to discuss technical issues with Bob Sawyer or Charley Stump,
and refer contractual questions to me.
I'm looking 'forward to receiving your report.
Sincerely,
Director of Public Works/~i~nngineer
RK.'ab
fl:I/PW
LPATTEflSN
.Are II(,rr, Tc~ fionm"
CITY OF UKIAH
SUBMIT DUPLICATE INVOICES
TO: PURCHASING DEPT.
1320 AIRPORT RD.
UKIAH, CALIFORNIA 95482
PHONE (707) 463-6233
FAX (707) 462-4281
PURCHASE ORDER
PURCHASE
ORDER
NUMBER
PAGE :L OF
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PROJECT REFER DELIVER TO CODE 1
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RECEIVED AS SPECIFIED:
AUTHORIZED DEPARTMENT AGENT DATE
FORM APPROVED FOR PAYMENT
CONTROL NO. :{. O0
APPROVED
BY:
RECEIVING COPY
August 3, 1997
Charles A. Patterson
Plant Ecologist
1806 Ivanhoe, Lafayette, CA 94549
Ph: (510) 938-5263
FAX: (510) 938 - 7723
Bob Sawyer, Planning Director
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
Re Biotic survey/consultation for the Orr Creek Bridge project:
Dear Mr. Sawyer:
As you requested, I have reviewed the proposed Orr Creek Bridge project and have prepared the
following cost estimate and scope to complete wetland and/or other necessary biotic surveys for the
project.
Scope - My work would include a detailed site investigation to document the area's existing
biological conditions and to look for any sensitive species, habitats, or communities that might be
present and/or potentially affected by the project. I will complete a map of jurisdictional "wetlands" and
"other waters of the U.S.", and I will document (describe, map) any features of significance (e.g.,
streambed, riparian vegetation, wetlands, 'heritage' oaks, etc.). My baseline report will describe the
project area's existing conditions and in particular, any features or species of significance. Potential
~mpacts and constraints will be identified and evaluated, and likely permit and/or mitigation
requirements will be discussed. I will provide a written baseline report and map, including specific
discussions of any species, habitats, or features of significance or potential construction constraint.
Coordination will be made to the extent necessary with the relevant resource and regulatory agencies;
however, my scope and cost estimate here may not cover the costs of actually submitting for or
obtaining certain permits. My report will fully discuss the potential needs for permits, their likely
requirements, and available approaches to mitigation if applicable. If simple and my cost estimate
allows, I would pursue such permits/agreements as needed.
If more formal permitting (e.g., applications, mitigation plans, etc.), agency coordinations, or
additional data requests (e.g., formal wetland delineation) are needed, I would be able to estimate costs
for such additional work when it is clear to what extent these efforts are needed.
Cost - The estimated cost to complete the tasks as described is $840 based on 12 hours at my
standard rate of $70 per hour. Expenses will be minimal and Will not be billed. Should additional
agency coordination, meetings, or other items arise that require attention or responses, I would need to
re-estimate for each task and would not proceed until authorized by the City.
Based on my knowledge of the situation so far, it appears that there is little concern except for the
creek's riparian vegetation. It is likely that we can complete the necessary environmental
documentation for both state and federal agencies, and provide adequate mitigation relatively easily. If
that is the case, the cost could be somewhat lower. I will only bill for actual time spent on the project.
I hope this letter proposal is adequate for your review. I am prepared to begin work within about two
to three weeks of notification to proceed. I will in fact be in Ukiah on August 21. Should you be able
to authorize me by then, I would probably be able to complete the site investigation on that date.
Please let me know if there is anything else you need. Sincerely,
Charles A. Patterson" -
CITY OF UKIAH.
SUBMIT DUPLICATE INVOICES
TO: PURCHASING DEPT.
1320 AIRPORT RD.
UKIAH. CALIFORNIA 95482
PHONE (707) 463-6233
FAX (707) 462-4281
PURCHASE ORDER
oN ALL
PUFICHASE
ORDER ..~ ;...,
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REQUISITION DATE
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FORM
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SUBTOTAL
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GEORGE C. RAU
PRESIDENT
WALTER ttAYDON
VICE PRESIDENT
ANDREW E. BORDESSA
VICE PRESIDENT
ROGER VINCENT
VICE PRESIDENT
AND ASSOCIATES INC.
CIVIL ENGINEERS · LAND SURVEYORS
AGREEMENT FOR SERVICES
DATE: September 10, 1997
JOB NO.: 97-181
PROJECT MANAGER: Andy Bordessa
APN: N/A
FOR THE ACCOUNT OF:
Client:
Address:
City, State:
Telephone:
Type of Account:
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
707-463-6200
Governmental Body
ORDERED BY:
Name: Rick Kennedy
NOTE: In order for this agreement to be valid it must be signed and dated and delivered to the offices
of Rau and Associates, Inc. within 30 days of the date that it was signed by the representative of Rau
and Associates, Inc. At the time it is returned as noted above, it becomes a legal, valid and binding
agreement. If the agreement is returned after 30 days, it may be accepted, however we reserve the right
to change the terms. If the terms are changed it will be returned to you for your review and signature.
SCOPE OF WORK ORDERED: We will provide services for topographic survey and mapping for the
Orchard Avenue Extension nodh to Brush Street, and west along Brush Street to the west side of
California Nodhern Railroad R/W. This work will include laying out the proposed centerline of Orchard
Avenue based on the data shown on Exhibit "A" which the Cily provided. Mapping will include a 100 foot
wide strip (50 feet each side of centerline) along Orchard and Brush. We will also map Orr Creek for 100
feet each side of Orchard Avenue. Mapping will be done at a scale of 1"=20' with one foot contour
intervals. Elevation datum will be USGS. We will provide the City with reproducible Plan and Profile
sheets plotted on mylar along with Autocad drawing files on disk.
SCHEDULE OF WORK: Rau and Associates, Inc. realizes that the timely performance of our services is
an impodant element of this agreement. We will endeavor to complete the work with due and
reasonable diligence consistent with sound professional practice and within the time-frame noted below.
Rau and Associates, Inc. and the Client agree to cooperate with each other in every way on the project
and to solicit the cooperation of other padies who may influence the schedule of the work.
The time of completion noted below is an estimate only and we are not responsible for circumstances
beyond our control. It is also possible that as the project proceeds, sound engineering practices may
necessitate additional work being done and hence additional time will be needed for completion.
We will begin within five days of receipt of this signed Work Authorization. We anticipate that work will
be completed within 20 days after commencing work.
RETAINER: None Required
Agreement for Services
Job Number 97-181
September 10, 1997
Page I of 4
100 NORTH PINE STREET · P.O. BOX M · UKIAH, CALIFORNIA 95482 · 707-462-6536 · FAX 707-463-2729
PAYMENT: Client will pay Rau and Associates, Inc. on an hourly basis as shown on the attached
"Schedule of Fees" for the Rau and Associates, Inc. personnel on the job, plus out of pocket expenses.
The maximum not-to exceed amount is $8,500.
NOTE: Work performed outside of the Scope of Work will be billed on an hourly basis. Hourly rates on
the "Schedule of Fees" are valid for one year from the date of this agreement. Thereafter, if Rau and
Associates, Inc., raises its fees for all Clients, the "Schedule of Fees" for this project will be raised
accordingly, but not more than 5% per year.
OWNER OF RECORD: City of Ukiah
GENERAL LOCATION OF PROPERTY: Orchard Avenue and Brush Streets
TERMS OF AGREEMENT:
1. It is agreed that the above work is to be performed for my/our account and that I/we will be billed
as said work progresses, in the following manner:
Monthly
2. We agree to pay Rau and Associates, Inc. upon presentation of the invoice for services
rendered. I/we agree that such invoice will be considered delinquent 30 days after the date of its
issuance. If said invoice is not paid by the delinquent date, I/we agree to pay a late fee as an additional
charge of one and one-half percent (1~%) per month of the past due amount, beginning 30 days after
lhe date of issuance of the invoice. Payment lhereafter shall first be applied to accrued late fees and
then to the unpaid principal. Late payment fees are not applied to lhe maximum not to exceed or fixed
fee amounts noted above.
If the invoice is not paid within 30 days or if the Client files for bankruptcy, Rau and Associates,
Inc. will cease all work in progress on the project upon written notice to the Client. I/we agree to arrange
for a payment plan, including late fees, to pay off the outstanding invoices. Such agreement may
include terms and security which will allow Rau and Associates, Inc. Io proceed to complete the work.
The Client will not make use of Rau and Associates, Inc. work unlil a payment agreement is signed by
both padies or the fees due are paid in full, including late fees
After 45 days, if such financial assurances have nol been made in writing, Rau and Associates,
Inc. may pursue legal action such as the filing of a lien, processing the invoice through Small Claims
Court or similar measures. Client agrees Rau and Associates, Inc. shall have the right to consider such
default in payment a material breach of lhis entire agreement, and, upon written notice, the duties,
obligations, and responsibilities of consultant under this agreement are suspended or terminated. In
such event, Client shall promptly pay Rau and Associates, Inc. for all fees, charges, and services
provided by Rau and Associates, Inc.
3. I/we agree that I/we shall be responsible for payment of all costs and expenses incurred by Rau
and Associates, Inc., including such monies as they may at their option advance for my/our account for
fees, and other incidental expenses, up to date of completion of the entire work of which this order may
be part, or until such time as I/we give you written notice requesting you cease fudher work. In the event
of such written notice to you, all sums due you shall be immedialely payable.
Payments to Rau and Associates, Inc. shall not be withheld, postponed or made contingent on
the construction, completion or success of the project or upon receipt by the Client of offsetting
reimbursement or credit from other padies causing Additional Services or expenses. No withholdings,
deductions or offsets shall be made from Rau and Associates, Inc. compensation for any reason unless
Agreement for Services
Job Number 97-181
September 10, 1997
Page 2 of 4
Rau and Associates, Inc. has been found to be legally liable for such amounts.
4. Limitation of Liability: In recognition of the relative risks and benefits of the project to both
the Client and Rau and Associates, Inc., the risks have been allocated such that the Client agrees, to
the fullest extent permitted by law, to limit the liability of Rau and Associates, Inc. and its
subconsultants to the Client and to all construction contractors and subcontractors on the project
for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from
any cause or causes, including attorney's fees and costs and expert witness fees and costs, so that
the total aggregate liability of Rau and Associates, Inc. and its subconsultants to all those named
shall not exceed $50,000.00, or Rau and Associates, Inc.'s total fee for services rendered on this
project, whichever is greater. It is intended that this limitation apply to any and all liability or cause
of action however alleged or arising, unless otherwise prohibited by law. Client and Rau and
Associates, Inc. expressly acknowledge that the above provision was expressly negotiated and
agreed upon.
Rau and Associates, Inc.
Limit of Liability Acceptable:
Rick Kennedy, City of Ukiah
5. In the event of any legal action arising from or related to the services provided under this
Agreement, the prevailing party shall be entitled to recover reasonable costs incurred, including court
costs, altorneys' fees and related expenses. In addition, if legal action is necessary to enforce the
payment provisions of this Agreement, Rau and Associates, Inc. in addition to recovering the costs
described above, shall be entitled to compensation for all time expended in connection wilh such
collection action, at Rau and Associates, Inc.'s prevailing rates, as well as reimbursement of all dUI of
pocket expenses incurred in connection wilh bringing such action.
RAU AND ASSOCIATES, INC.
P. O. Box M
Ukiah, California 95482
Andrew Bordessa Date
Vice President
ACCEPTED AND AGREED TO:
Client: City of Ukiah
' I~ick Kennedy D. at'e
Agreement for Services
Job Number 97-181
September 10, 1997
Page 3 of 4
SCHEDULE OF FEES
Effective August 1, 1997
Principal Registered Civil Engineer
Principal Licensed Land Surveyor
Deposition and Court Case
Registered Civil Engineer
Technician
Designer
Engineering Technician w/Nuclear Gauge/Vehicle
Engineering Aide
Word Processing Operator w/Computer Software
Vehicle Use
Outside Engineering Services
Outside Services in Non-Engineering Field
Requested Overtime:
$80.00 to $105.00/hr.
80.00/hr.
150.00/hr. & 300.00/day minimum
70.00 to 85.00/hr.
35.00 to 55.00/hr.
35.00 to 55.00/hr.
62.00/hr.
25.00 to 35.00/hr.
40.00/hr.
.40/mile
Cost + 15%
Cost + 15%
150% of Regular Rate
Laboratory Tests:
Sample Preparation Times
Texture Analysis (Mendocino County Health Dept.)
Unit Dry Weight-Moisture Content (Tube Sample or Ped)
Sand Equivalent (CTM 217)
Sieve Analysis - Coarse Aggregates (CTM 202)
Sieve Analysis - Fine Aggregate (CTM 202)
Sand Equivalent & Sieve Analysis
Maximum Dry Density (ASTM D1557)
4" Mold
6" Mold
Maximum Dry Density (ASTM D698)
Maximum Wet Density (CTM 216)
Unit Weight of Aggregate (CTM 212)
Method A or B
Method C
Crushed Padicle Analysis (CTM 205)
Cleanness Value (CTM 227)
Durability Index (CTM 229)
Specific Gravity & Absorption (CTM 206)
Plasticity Index (ASTM 4318)
Expansion Index (UBC Standard 29.2)
Unit Weight of Fresh Concrete (CTM 518)
Ball Penetration (CTM 533)
Air Content of Fresh Concrete (CTM 504)
35.00/hr.
35.00
20.00
56.00
37.00
66.00
154.00
135.00
150.00
120.00
138.00
50.00
35.00
62.00
62.00
130.00
63.00
150.00
180.00
Time & Materials
Time & Materials
Time & Materials
Special Equipment Rates:
Supplemental Billings:
Computer Software
Pachometer R-Meter
Stream Flow Meter
All Terrain Vehicle
Generator
Pump
10.00/hr.*
50.00 minimum*
150.00 minimum*
40.00 minimum/per day*
40.00 minimum*
20.00 minimum*
Blueprints 24 X 36
Blueprints 18 X 26
Blueprints Custom
Stereo Air Photos
Assessor's Map Copies
Survey Monuments
Steel Fence Posts
* Minimum Charge for One Day
1.00/sheet
.75/sheet
2.00/sheet
18.00/pair
2.00/sheet
2.00/each
2.00/each
Agreement for Services
Job Number 97-181
September 10, 1997
Page 4 of 4
MEMORANDUM
TO:
TAC Members
DATE: 8/5/97
FROM:
SUBJECT:
Phil Dow, MCOG Transportation Planner/~.j,~_.
Accelerated STP d(1) Cycle 4
At their meeting of August 4, 1997, the Mendocino Council of Governments approved the
TAC's recommendation to accelerate the STP d(1) Cycle 4. Based on this action, the following
time frames will now apply:
Application packet distributed:
Application due date:
Review/Ranking by TAC
MCOG Action on TAC Recommendation
August 5, 1997
September 15, 1997
Sept. 24, 1997
October 6, 1997
Please mark your calendars to note that the TAC will be meeting on Wednesday, September
24th, which is one week later than the regular third Wednesday meeting date. This schedule
will allow an approximate five week accelerated application period. ~.~.
The application packet is enclosed, which includes the following:
· STP d(1) application
STP d(1) Program Policy & Application Instructions
(please note that due to the accelerated time frame, these instructions previously
approved by MCOG on 12/4/95 have not been updated and may contain some oM
information. For example, the timeframe indicated for the d(1) process has been
changed as noted above.)
STP d(1) Candidate Rating Criteria
STP d(1 ) Quarterly Report
(please note revised 'funds claimed" section)
Secondly, as discussed by the TAC, if your agency has a Cycle 3 project that has had little or no
progress, you need to either: (1) resubmit it for ranking against new projects; (2) justify (to the
TAC's satisfaction) its continuance on the funded list; or (3) notify MCOG that the project is no
longer needed.
Please send 14 copies of all applications (including resubmitted projects or justifications) to the
MCOG office by September 15, 1997. If you have any questions regarding this process, give me
a call at 463-1806.
/le
encls
cc: Mary Hiatt, Ex. Secretary
AGENDA
SUMMARY
ITEM NO. 6g
DATE: OCTOBER 1, 1997
REPORT
SUBJECT:
APPROVAL OF BUDGET AMENDMENT FOR FUND 270, SIGNALIZATION
FUND, AND RECEIVE REPORT OF THE EXPENDITURE OF FUNDS IN
COMPLIANCE WITH SECTION 1522 OF THE UKIAH MUNICIPAL CODE
Submitted for the City Council's approval is a budget amendment for the expenditure
of capital improvement fees deposited within the Airport Industrial Park Capital
Improvement account within Fund 270 for the 1997/98 fiscal year.
As recommended by the City Attorney, services have been obtained for the appraisal
of the parcel located at the northeast corner of Hastings Avenue and State Street
(1195 South State Street). To accommodate the proposed widening of Hastings
Avenue which is needed to mitigate future traffic impacts by reason of development
within the Airport Industrial Park, it is necessary to acquire the entire parcel or a
portion of the parcel. An opinion concerning the complete acquisition as compared
to the feasibility of a partial acquisition has also been solicited. These services are
being provided by Harding Appraisal in the amount of $6,700. An itemization of the
fee is as follows:
Appraisal of 1195 South State Street
Opinion letter concerning acquisition
Relocation cost analysis
TOTAL FEE
$3,200
$2,000
$1,500
$6,700
CONTINUED ON PAGE 2
RECOMMENDED ACTION:
1. Approve the budget amendment within Fund 270 to reflect an expenditure up
to $8,700 for consultant services.
2. Receive report of expenditure pursuant to 1522 Ukiah Municipal Code.
ALTERNATIVE COUNCIL POLICY OPTIONS: Determine amendment must be modified,
define changes, and approve revised budget amendment.
Appropriation Requested:
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
N/A
Rick H. Kennedy, Director of Public Works/City Engineer
Rick H. Kennedy, Director of Public Works/City Engineer
Candace Horsley, City Manager
1. Budget Amendment Worksheet
2. Purchase Orders
Candace Horsley, Cit~
R: 1 \PVV:kk
ASIGNALIZATION
Manager
Approval of Budget Amendment for Fund 270, Signalization Fund,
and Receive Report of the Expenditure of Funds in Compliance
with Secton 1522 of the Ukiah Municipal Code
October 1, 1997
Page 2
The work product from the above will be utilized to update the cost estimate included
in the Airport Industrial Park Improvement Engineering Report.
Surveying services needed to assist in the appraisal process were obtained from Rau
and Associates for a fee not to exceed $2,000.
The above services were acquired on an as soon as needed basis.
Staff is requesting a budget amendment to reflect an expenditure of $8,700 from
Account No. 270.3001.250.000.
Capital Improvement Fee's for the Industrial Park in the amount of $102,278.93 have
been collected to date. The amount of $10,600 which was expended for traffic
studies was reimbursed to the Gas Tax Account from which the expenditure was
originally made. This reimbursement was noted in the Engineering Report. Balance
of fees within the fund is $91,678.93 prior to the obligation for the appraisal and
surveying work.
This report shall also serve as notice of an expenditure exceeding $5,000 but less
than $10,000 in accordance with the provisions of Section 1522 of the Ukiah
Municipal Code.
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SUBMIT DUPLICATE INVOICES
TO: PURCHASING DEPT.
1320 AIRPORT RD.
UKIAH, CALIFORNIA 95482
PHONE (707) 463-6233
FAX (707) 462-4281
PURCHASE ORDER
PAGE I OF
P.O. DATE 04/ 3. d/ .1. 99 7
VENDOR: OIB9'52
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RECEIVED AS SPECIFIED:
AUTHORIZED DEPARTMENT AGENT DATE
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CONTROL NO. :l. ,;~ ~:.'~;
APPROVED
BY:
RECEIVING COPY ,/~--'~,-/,,~:~,~.//z..~__~'~ "~
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HARDING APPRAISAL CO., Inc.
BRUCE HARDING, MAI
GARY FULBRIGHT, MAI
3000-CleVeland Ave., Suite 204
Santa Rosa, California 95403
Phone (707) 571-8957
September 4, 1997
Mr. Rick H. Kennedy
Director of Public Works/City Engineer
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482-5400
1195 South State Street
Dear Mr. Kennedy:
This letter of engagement formalizes your request for a proposal of our services to appraise the
market value of the fee simple interest in the property located at 1195 South State Street; to give
our written opinion as to the alternative cost and feasibility of relocating the residential structure
on-site and of the City's purchasing a land strip of the subject property along Hastings Road; and
of our preparing a written analysis of the likely costs of relocating the business and the house
rental tenant. It is understood that this assignment is in relation to the proposed street widening
improvement at the State Street and Hastings Road interseotion.
we understand that the property includes about half an acre of land that is improved with an
older residence and a commercial utility building and also has paved parking and cyclone fencing.
It is understood that Harding Appraisal will complete and deliver the appraisal report and the
opinion letter regarding house relocation-and-purchase of a land strip to you within about three
to four weeks of your authorization to proceed. The written analysis of costs to relocate the
business and the house tenant could require another week. It is further understood that the
appraisal report and opinion letters would be made for the City of Ukiah alone for its decision
making in relation to the street widening project.
Fee for the appraisal is $3,200; and for the related opinion letter is 82,000. Fee for the relocation
cost analysis would be at the rate of $75 per hour for time expended, and would not likely exceed
$1,500. The fees would be payable upon delivery of the narrative report and opinion letter and
the relocation analysis. We will provide three copies of each report.
Please sign and date the enclosed copy of this letter. It is expected that you have diligently read
this letter of engagement and that you will respond to this office within seven days.
Respectfully submitted,
Gary Fulbright
Signed
"Da~
CITY OF UKIAH
SUBMIT DUPLICATE INVOICES
TO: PURCHASING DEPT.
1320 AIRPORT RD.
UKIAH, CALIFORNIA 95482
PHONE (707) 463-6233
FAX (707) 462-4281
PURCHASE ORDER
ON ~,11 INVOIEES AN[) PACKAGES
PURCHASE ~
ORDER 030
NUMBER
PAGE j. OF
P.O. DATE ()';/ .I. ~// .1.
' VENDOR: 029'23~ '
I~,A.J & A,:);:.~C.I(.,1ATES ];NC,
:1. OO FI, PINE ST,
UK I AH
DELIVER BY
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TERMS
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PHONE EXT:
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DELIVER TO
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RECEIVED AS SPECIFIED:
AUTHORIZED DEPARTMENT AGENT
FORM
CONTROL NO. .1. 44
DATE
APPROVED FOR PAYMENT
APPROVED
BY:
I~ECEIVING COPY
SUBTOTAL
2 ,., :,.',,:)f'.'., :;):
TAX
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300 SE VE., UKIAH, CA 95482-5400
· ADMIN. 707/463-6200 · PUBLIC SAFETY 463-6242/6274 ·
· FAX # 707/463-6204 ·
September 8, 1997
Andy Bordessa
RAU AND ASSOCIATES
100 North Pine Street
Ukiah, California 95482
RE' REQUEST FOR SURVEY SERVICES
Dear Andy:
This shall confirm my verbal request for surveying services related to 1195 South
State Street. I have requested that you locate the existing residential structure,
equipment shed and the north fence line with respect to the south curb line of
Hastings Avenue. You will provide a 8-1/2 x 11 drawing depicting their locations.
The field work may take approximately four (4) crew hours and office work
approximately four (4) hours. Cost for this service will most likely be less than
~2,000. The City agrees to make compensation on a time and expense basis at your
adopted professional and technical fees and other charges.
I have contacted the property owner, Mark and Jan Lanz, and we have received their
approval through verbal communication with John Lanz, Mark's father, who speaks
on their behalf, to perform the survey as described above. They have asked that we
do not disturb the tenant's peace and quiet.
The work as requested will most likely be performed on Monday, September 8, 1997.
Thank you for your prompt services.
Sincerely,..---~
Director of Public Works/City Engineer
cc: John Lanz
R:lV~V
LBORDESA.2
ITEM NO. 6h
DATE: October 1, 1997
AGENDA SUMMARY REPORT
SUBJECT: Notification to Council regarding the award of bid for 5,000 ft. of 750 MCM
aluminum, single conductor cable to Consolidated Electrical Distributors in the amount of
$7507.50.
In compliance with Section 1522 of the City of Ukiah Municipal Code, this report is being
submitted to the City Council for the purpose of reporting the acquisition of material costing
more than $5,000 but less than $10,000.
This material is replacement for standard warehouse stock cable as requested by the Electric
Department.
A Request for Quotation (RFQ) through the informal bid process was sent to fourteen (14)
suppliers. The bids were opened by the Electric Department on September 22, 1997, at 1:00 p.m.
The bids were evaluated by Staff and the low bidder was Consolidated Electrical Distributors,
with a total bid of $7507.50. A Purchase Order has been issued.
RECOMMENDED ACTION: Receive and file report regarding the award of bid to
Consolidated Electrical Distributors for the sum of $7507.50.
ALTERNATIVE COUNCIL POLICY OPTIONS: N/A
Acct. No. (If not budgeted): N/A
Appropriation Requested: N/A
Citizen Advised: N/A
Requested by: Stan Bartolomei, Electrical Supervisor
Prepared by: Judy Jenney, Purchasing & Warehouse Assistant
Coordinated with: Candace Horsley, City Manager
Attachments: Bid results
Acct. No.:
800-131-002
APPROVED: ~ ~M~ x.,~
Candace Horsley,-Ci~y ~anager
750 MCM
BID RESULTS
Consolidated Electrical Distributors
King Wire Inc.
G.E. Supply
Champion Wire
Pirelli Cable Corporation
Central Maloney
DZ Cook
Independent Electric
Intraline
Isberg & Associates
Manco
Southwest Power
Wesco
Westem States
$7,507.50
$8,129.55
$8,580.0O
$8,982.19
$18,940.35
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
(Did not meet specifications)
(Quote for minimum of 10,000 ft.)
Bids include tax and delivery.
AGENDA
SUMMARY
ITEM NO. 6i.
DATE: OCTOBER 1, 1997
REPORT
SUBJECT:
APPROVAL OF BUDGET AMENDMENT TO COMMUNITY DEVELOPMENT
COMMISSION FUND 335 FOR LOW AND MODERATE INCOME HOUSING LOAN
TO RURAL COMMUNITIES HOUSING DEVELOPMENT CORPORATION
At their May 7, 1997 meeting the City Council approved a loan of $106,000 to Rural
Communities Housing Development Corporation (RCHDC) for Iow and moderate income housing.
The funds are to come from Fund 335, the Community Development Commission Fund. The
revenue into this fund is from payments for previous Community Development Block Grant
housing rehabilitation loans and the monies are to used to benefit Iow and moderate income
persons. RCHDC's proposed use is to develop infrastructure for the 22 unit self help single
family residential development on Mulberry Lane. The fund is not associated with the General
Fund and there is a current fund balance in excess of $123,000. RCHDC is to be reimbursed
by the Federal government for the subdivision improvements and will thus pay the three percent
loan off within the specified two years.
When the loan was approved, it was uncertain when the funds would be required. The
amount was not included in the adopted 1997/98 budget and thus a budget amendment is
required. Staff recommends approval of the budget amendment.
RECOMMENDED ACTION:
Approve Budget Amendment of $106,000 from Fund 335
Beginning Fund Balance to Account 335.4710.683.000 for
Loan to Rural Communities Housing Development Corporation
to Be Used for Low and Moderate Income Housing.
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. Determine modifications to the budget amendment are necessary, identify desired
changes, and approve revised budget amendment.
2. Determine budget amendment is not appropriate and take no action.
Acct. No. (if NOT budgeted): N/A
Appropriation Requested: N/A
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
Acct. No.' N/A
NA
Michael F. Harris, Assistant City Manager
Candace Horsley, City Manager
1. Budget amendment worksheet, page 1.
2. Fund 335 balance sheet as of June 30, 1997, page 2.
3. Excerpt of the May 7, 1997 City Council meeting minutes, page 3.
APPROVED: ~ b'~.~, .._
Candace Horsley, Cit~M~ager
mfh:asrcc97
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10b. proposed Amendment to Solid Waste Franchise Agreement with Solid Waste
Systems
Public Works Director Kennedy noted this matter was before the Council at the request
of the contractor, Solid Waste Systems, Inc. Solid Waste Systems would like to build a
recycling facility in Ukiah. In order to amortize the cost of the facility over an extra five
years, Solid Waste Systems is asking for this five-year extension to its contract. There will
be no additional cost to the ratepayer.
Jim Salyers, President of Ukiah Solid Waste, outlined the recycling project, which will
enable Ukiah Solid Waste to bale and haul the recycled materials directly from Ukiah.
MIS Mastin/Kelly to approve the amendment to the agreement entitled "Contract for
Collection, Transportation, and Disposal of Garbage, Refuse, and Rubbish, and Recycling
of Recyclable Materials from Within the City of Ukiah," executed on March 23, 1992. The
motion was carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku,
Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None.
9b.
Approval of Agreements Relative to the Kmart Project
I. Agreement with Kmart for Orchard Avenue/Brush Street Improvements
ii. Agreement with Pear Orchard Associates for Orchard Avenue/Brush
Street Improvements
MIS Mastin/Ashiku to authorize execution of separate agreements with Kmart Corporation
and Pear Orchard Associates to finance construction of a bridge over Orr Creek (as an
integral part of the ultimate project to extend Orchard Avenue to Brush Street) carried by
the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and
Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None.
10a. Adoption of Resolution Commencing Sale of Surplus Property
Community Services Director DeKnoblough noted the three City owned properties
recommended to be declared surplus property were the North Fire Station site on North
State Street, a parcel bordering Orr Creek on Oak Street, and a 35-acre, 2-parcel area on
Low Gap Road.
Councilmember Kelly asked that the property on Oak Street at Orr Creek not be included.
MIS Kelly/Mastin to approve Resolution No. 97-72 Declaring Certain Real Properties as
Surplus, as amended to include only Assessor's Parcels No. 170-050-13, 156-160-06 and
156-180~08, carried by the following roll call vote: AYES: Councilmembers Chavez,
Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT:
None.
10c. Approval of Loan to Rural Communities Housing Development Corporation
from Fund 335 for Low and Moderate Income Housing
MIS Kelly/Mastin to approve a loan of $106,000 to Rural Communities Housing
Development Corporation for two years at three percent interest from Fund 335, and
authorize the City Manager to execute loan documents, carried by the following roll call
vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES:
None. ABSTAIN: None. ABSENT: None.
Regular Meeting - May 7, 1997
Page 8
ITEM NO... 6j
DATE: OCTOBER 1, 1997
AGENDA SUMMARY REPORT
SUBJECT:
AUTHORIZE CITY MANAGER TO EXECUTE QUIT CLAIM DEED
RELATED TO A FORMER PORTION OF ALLEY SOUTH OF CLARA
AVENUE
Submitted for the City Council's consideration and approval is a request that the City
Manager be authorized to execute, on behalf of the City, a Quit Claim Deed related to a
former portion of an Alley parallel to, and 140 feet southerly of, Clara Avenue near Orchard
Avenue.
The City Council vacated the entire length of this Alley from the east line of Hamilton to the
west line of Orchard Avenue by the adoption of Resolution No. 93-61. The vacation of this
portion of the Alley eliminated it as a public alley, however, the City remains the underlying
fee owner. The Alley was originally established with the recordation of the Map of
"Waggonseller's Second Addition to the Town of Ukiah City" recorded in Book 2, Page 165,
Mendocino County Records. The City aquired the alley in fee by the recordation of the
map.
The vacation proceeding did not change ownership of the land. It was the City's intent to
transfer all of its interest to the former property owner. The new K-Mart site occupies this
portion of the former Alley. A Quit Claim Deed has been prepared that will, upon execution
and recording, transfer the City's interest to the adjacent property owner, Pear Orchard
Associates. K-Mart is entering into a lease agreement with the property owner.
RECOMMENDED ACTION: Authorize the City Manager to execute on behalf of the City
a Quit Claim Deed transferring the City's interest to a former portion of the Alley to Pear
Orchard Associates, adjacent property owner.
ALTERNATIVE COUNCIL POLICY OPTIONS: None.
Citizen Advised'
Requested by:
Prepared by:
Coordinated with'
Attachments:
Appropriation Requested: N/A N/A
Rick H. Kennedy, Director of Public Works/City Engineer /~-~
Larry J. Woods, Senior Civil Engineer . ~i~"~ .;
Candace Horsley, City Manager
1. Quit Claim Deed
2. Vacation Resolution No. 93-61
3. Copy of the Waggonseller's Second Addition Map Granting
Streets and Alleys to the City in Fee Simple.
4. Portion of Map depicting the certificate and Alley area.
APPROVED :~~----~ '~~'~._,
candace Horsley, City Ma~ager
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TH~S DEED AND. UNLESS OTHER
WISE SHOWN BELOW, MAIL TAX STATEMENTS TO:
^:..... 1050 NORTH GATE DRIVE, SUITE 285
:,.. SAN RAFAEL, CALIFORNIA 94903
~TAT~
Title Order No. Escrow No.
SPACE ABOV~-~HIS LINE FOR RECORDER'S USE --
Ouitclai n Deed
The undersigned declares that the documentary transfer tax is $ ............... .7..0..7 ...................... : ..................................... and is
[--! comi)uted on the full value of the interest or property conveyed, or is
[] computed on thc full value less the value of liens or encumbrances remaining thereon at the time of sale. The land,
teuements or realty is located in
I-I' uni,,corporated area ~ city of ........ .U..k..!'ah
FOIl A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
the City of Ukiah, a Municipal Corporation
do . hereby remise, release and forever quitclaim to
Pear Orchard Associates, LLC
the folowing described real property in the City of Ukiah
state of California:
county of Mendocino
A strip of land, being a portion of the alley adjacent to Lots 4 through,
and including, Lot 8 of Block 10 as shown on a Map of "Waggonseller's Second Addition
to the Town of Ukiah City" filed for record in Book 2, Page 165, Mendocino County Records,'
and more particularly described' in Exhibit "A" attached hereto and made a part hereof.
Dated_
STATE OF CALIFORNIA
COUNTY OF ~ SS.
On this lhe day of 19 ~, before me,
Ihe undersigned, a Notary Public in and for said County and State.
personally appeared
Candace Horsley, City Manager
_City of Ukiah~ pursuant to Minute Order
Dated October 1, 1997
EXHIBIT "A"
TO
QUITCLAIM DEED OF A STRIP OF LAND FORMERLY
A PORTION OF AN ALLEY SOUTH OF cLARA aVENUE
CITY OF UKIAH TO PEAR ORCHARD ASSOCIATES
Beginning at a point that lies on the southeast comer of Lot 8 of Block 10 as shown on a Map of
"Waggonseller's Second Addition to the Town of Ukiah City" recorded in Book 2, Page 165,
Mendocino County Records; thence westerly along the southerly lines of Lots 8 through and
including Lot 4 of Block 10 of said Addition, 398 feet, more or less, to the southwesterly comer
of Lot 4 of Block 10 of said Addition; thence leaving the southerly line of said Lot 4 on a
southerly extention of the westerly line of said Lot 4, a distance of 15.0 feet, more or less, to a
point on the southerly line of the Alley as shown on said Addition; thence easterly along the
southerly line of said Alley, said line also being the southerly line of said Addition, 398 feet,
more or less, to the southeast comer of said Addition; thence northerly 15 feet, more or less,
along the easterly line of said Addition to the the Point of Beginning.
No Parcel Number assigned.
C :\wdoc\qc-km- 1
PREPARED BY:
ACKNOWLEDGMENT
State of California )
) SS.
County of
On ., before me, Notary Public, personally
appeared
[] personally known to me -- OR -- [] proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(les), and that by
his/her/their signatures on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
............................. OPTIONAL
Though Statute does not require the Notary to fill in the data below, doing so may
prove valuable to persons relying on the document.
DESCRIPTION OF ATTACHED DOCUMENT:
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
CAPACITY CLAIMED BY SIGNER:
CAPACITY CLAIMED BY SIGNER:
Signer's Name:
Signer's Name:
[] Individual
[] Corporate Officer(s)
[] Individual
[] Corporate Officer(s)
Title(s)
[] Partner - [] Limited [] General
[] Attorney-in-Fact
[] Trustee(s)
[] Guardian
[] Other:
Title(s)
[] Partner - [] Limited [] General
[] Attorney-in-Fact
[] Trustee(s)
[] Guardian
[] Other:
SIGNER IS REPRESENTING:
Person(s) or Entity(ies)
SIGNER IS REPRESENTING:
Person(s) or Entity(ies)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
RESOLUTION NO. 93-61
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH
VACATING THE ALLEY SOUTH OF CLARA
BETWEEN HAMILTON STREET AND ORCHARD AVENUE
WHEREAS, the City of Ukiah has received a petition by property owners in the
area to vacate the alley south of Clara Avenue, from Hamilton Street to Orchard Avenue
("the Alley", as more particularly described on the attached Exhibit A which is
incorporated herein by reference); and
WHEREAS, the City Council considered such action in a public meeting conducted
April 7, 1993; and
WHEREAS, the area encompassed by the alley is not necessary for access or
utility easements or other public service purposes and has not been used for such
purposes for five consecutive years immediately preceeding April 7, 1993;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah
does hereby vacate the Alley; this vacation is made pursuant to divisiion 9, Part 3,
Chapter 4 of the State of California Streets and Highways Code, specifically Sections
8331, 8333, and 8334; that this resolution shall be recorded and provided to each owner
affected by this vacation; and that from the date of recordation of this resolution, the Alley
no longer constitutes a street, highway, or public service easement within the City of
Ukiah.
PASSED AND ADOPTED this 7th day of April, 1993, by the following roll call
vote:
AYES'
NOES:
ABSENT:
Councilmembers Masten, Malone, Wattenburger, Shoemaker, and Mayor
Schneiter.
None.
None.
Fred Schneite~
Mayor
MU:COUNCIL\RES.ALLEY
SlDNIE ST.
MYRON ST.
BARBER
2-137-19
2-137-24
BARBER
2-1J7-23
ORCit/i RD A V£.
2-37-22
2-37-21
S.D.A.
2-137-1&
2-37-20
2-37-19
STAFFOI~D
2-137-15
DAVEY
2-137-14
FI$IIER,R~ UCIt
2-137-1J
WADDINGTON
LEDFORD
2-137-12
WHITE
2-137-11
2-37-18
2-J7-17
2-$7-16
2-37-15
2-37-14
2-37-13
MOBLEY
2-137-10
DIGHTMAN .
2-137-08
GONG
2-137-07
DEWEY, STINE,
CRAIG
2-137-06
BURGESS
2-137-05
2-37-12
HILLSIDE COMMUNITY
HOSPI TA L
2-16-10
HAMILTON ST.
AGENDA
SUMMARY
ITEM NO. 6k
DATE: OCTOBER 1, 1997
REPORT
SUBJECT: REPORT OF THE ACQUISITION OF SERVICES FROM FERRANTI
CONSTRUCTION TO CONSTRUCT WORK ON AN EMERGENCY BASIS
This report is being provided pursuant to Section 1522 of the Ukiah Municipal Code.
During the inspection of various storm drains within the City, the Street Crew
encountered a plugged storm drain under Mendocino Place just south of Mendocino
Drive. It was not possible to remove the obstruction in the line because of the lack
of manholes in this reach. To accomplish the cleanout, it was necessary to install a
manhole at the street intersection just north of a blind lateral connection.
At the request of the Director of Public Works, the City Manager/Purchasing Agent
authorized the expenditure of funds not exceeding $10,000 on an emergency basis
and authorized that the funds budgeted for Account No. 100-3110-250 (Gibson Creek
debris removal) be utilized for the emergency work.
Ferranti Construction was contacted and was able to immediately begin the work on
Monday, September 2, 1997. The work was completed on September 5, 1997, at
a cost of $7,265.94. The line was cleaned by City crews and it was discovered that
the invert of the corrugated metal pipe storm drain under Mendocino Place had
deteriorated. The Street Crew has recently made two excavations within the street
to make temporary repairs to the invert with cement slurry. This line should be
replaced in the near future.
RECOMMENDED ACTION: Receive Report of Expenditure.
ALTERNATIVE COUNCIL POLICY OPTIONS: None.
Appropriation Requested: N/A
Citizen Advised: N/A
Requested by:Rick Kennedy, Director of Public Works/City Engineer
Prepared by: Rick Kennedy, Director of Public Works/City Engineer
Coordinated with: Candace Horsley, City Manager
Attachments: 1. Letter of request to City Manager.
2. Invoice from Ferranti Construction.
APPROVED: (~.~"~ .~~"~ ~,,...,
'"~andac~ Horsley, City anager
R: 1 \PW:kk
AFERRANTI
MEMORANDUM
DATE:
TO:
August 27, 1997
Candace Horsley, City Manager
Rick Kennedy, Director of Public Works / City Engineer
FROM'
SUBJECT:
Request to Expend Budgeted Project Funds on Emergency Level Project
Our street crew has recently encountered a plugged storm drain under Mendocino Place
just south of Mendocino Drive (sketch attached). Because of the lack of manholes in the
system, it is not possible to remove the debris in this reach of pipe. To accomplish the
needed cleanout, it is necessary to install a manhole at the street intersection just north
of a blind lateral connection.
Because we cannot locate the engineered plans for this older system (1955+), we do not
know how deep the pipe is and therefore we cannot completely define the scope of work
needed to install the manhole (ie. depth of structure). Due to this unknown, it is impossible
to bid this work.
Given our circumstances, I propose that we hire Ferranti Construction, who recently
replaced a failed section of box culvert under State Street in a very expedient manner, to
construct the manhole on a time and expense basis. I am guessing that this work will cost
between $5,000 to $10,000, depending upon the depth of the pipe. I also propose that we
utilize the funds budgeted for the debris removal project for Gibson Creek set-aside in
account 100-3110-250 ($12,000). Both projects are important, however, the Gibson Creek
project can wait one more year.
Please indicate your approval by signing below. Thanks.
RK:mh
Enc.
Proposal
~~~ /~ .,-,1
Candace Horsley, C-~y Ianager
cc: Jim Looney, Public Works Superintendent
4:~ow~emrgproj
P.O. Box 259 Redwood Valley, California 95470
PHONE: 707-485-009S LICENSE: 385543 FAX: 707-485-0395
INVOICE NO. 51 61
SEptember 24, lq97
City Of Ukiah
INVOICE
JOB DESCRIPTION AMOUNT
Storm drain repair at the intersection of mendocino place
and mendocino dr. P.O.~29123 '
Labor
.............................................
Equipment Rental .................................. ~,315.50
~aterial 1 2
.......................................... , - , ~v.~
Overhead & profit 15% ............................. 947.73
1.5% Finance charge on all past due accounts. Thank )/~usi~'
..
o,
AGENDA
SUMMARY
ITEM NO. 61
DATE: OCTOBER 1, 1997
REPORT
SUBJECT:
FINAL REPORT OF EMERGENCY WORK PERFORMED PURSUANT TO
SECTION 1 530 OF THE UKIAH MUNICIPAL CODE AND
AUTHORIZATION FOR ADDITIONAL FUNDS
On August 6, 1997, Staff reported to the City Council the expenditure of funds under
the provisions of Section 1530 of the Ukiah Municipal Code, and received
authorization from the City Council that unobligated funds within the projected fund
balance of Fund 301 (Gas Tax Fund No. 2107) be transferred to Account No.
100.3110.250.000 (Street Maintenance) to pay for the emergency work. An amount
of $13,500 was approved.
The emergency work consisted of the removal and replacement of a portion of the
box culvert under State Street north of Gobbi Street. During the course of the work
it was discovered that the bottom of a large catch basin/junction structure had also
failed and the contractor was directed to remove and replace the bottom of the box
on an extra work basis. The work began on July 30, 1997, and was completed on
August 11, 1997. The original scope-of-work was within the authorized funding at
a cost of $12,192.27. The extra work was performed at a cost of $3,571.17 for a
total cost of $15,763.44 which is $2,263.44 above the authorized fund transfer.
Staff is requesting that the amount of $2,263.44 from the Street Department
Account No. 100.3110.250.000 for the Gibson Creek debris removal project not
utilized for the emergency storm drain manhole work performed at Mendocino Place
and Mendocino Drive be utilized to pay for the additional expense of $2,263.44. The
Council previously authorized up to $10,000 for the storm drain manhole work and
the work was completed at $7,265.94 leaving a balance of $2,734.06. Thus there
are adequate funds to accommodate the reallocation.
RECOMMENDED ACTION: Receive report and authorize the expenditure of $2,263.44
from Account No. 100.3110.250.00 to reimburse the contractor for extra work
performed as directed by the Engineer.
ALTERNATIVE COUNCIL POLICY OPTIONS: Authorize the use of funds from another
account.
Appropriation Requested:
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
N/A
Rick H. Kennedy, Director of Public Works/City Engineer
Rick H Kennedy, Director of Public Works/City Engineer
Candace Horsley, City Manager
1. Report to Council submitted on August 6, 1997
2. Invoice from Ferranti Construction
,..,~..~ ~andace Horsley Manager
ACULVERT
ITEM NO. 5h
DATE: AUGUST 6, 1997
AGENDA SUMMARY REPORT
SUBJECT:
REPORT OF EMERGENCY WORK BEING PERFORMED PURSUANT TO SECTION
1530 OF THE UKIAH MUNICIPAL CODE AND REQUEST FOR BUDGET
AMENDMENT TO FUND THE WORK
At the request of the Public Works Director, the City Manager has authorized the removal
and replacement of a concrete box culvert under South State Street in front of the Safeway
store site, under the emergency provisions of the Ukiah Municipal Code, Section 1530. Cost
proposals were requested from two local contractors and the work was authorized to be
performed by Ferranti Construction on a time and material basis, not to exceed a maximum
compensation of $12,300, based upon a defined scope of work. Wipf Construction provided
an estimate not exceeding $16,300.
During the performance of the site work within the Safeway store project area, a large
subsurface void adjacent to an existing box culvert and drain inlet at the west end of the site
was discovered. The City was notified, and upon inspection of the subsurface void, it was
found that the bottom of the box culvert had collapsed and the drainage water had cut a
large area under the sidewalk and portion of the northbound outside traffic lane of South
State Street. A water line and a gas line were exposed and a portion of these pipes were
unsupported. To safeguard against the collapse of the sidewalk and street and the
subsequent damage to the water and gas line, the City hired Wipf Construction to fill the
large void with sand cement slurry, however, portions of the failed culvert remain
unsupported. For public convenience and safety, the removal and repair of this culvert
should be completed as soon as possible.
Staff recommends that the sum of $13,500 be transferred from the unobligated fund
balance of Fund 301 (Gas Tax Fund No. 2107) to account 100.3110.250.000 within the
Street Department budget (account total will increase from $26,000 to $39,500), to pay for
the emergency work needed. Gas tax funds may be utilized for the replacement of this
portion of the box culvert because it is within the Street right of way. The sum of $13,500
includes a 10% allowance for any extra work that may be encountered.
RECOMMENDED ACTION: Receive report and authorize a budget amendment of $13,500
from the unobligated fund balance within Fund 301 to account 100.3110.250.000.
ALTERNATIVE COUNCIL POLICY OPTIONS: Transfer General Fund monies from reserves
to pay for the required work.
Requested by:
Prepared by:
Coordinated with:
Attachments:
Rick Kennedy, Director of Public Works/City Engineer ~j/_
Rick H. Kennedy, Director of Public Works/City Engineer
Candace Horsley, City Manager
1. Letter of authorization to contractor to proceed with the work.
2. Budget Amendment Worksheet
Candace Horsle
300 SE,~r1N~VE., UKI^H, CA 95482-5400
· ADMIN. 707/463-6200 · PUBLIC SAIrEIY 463-6242/6274
· FAX I/ 707/463-6204
July 29, 1997
Don Ferranti
Ferranti Construction
P.O. Box 259
Redwood Valley, Ca 95470
Re:
Notice to Proceed with Emergency Work Related
to the Repair of an Existing Box Culvert Under
South State Street
Dear Don'
This is to confirm that the City Manager has authorized you to remove and replace a
portion of an existing concrete box culvert under South State Street fronting the
Safeway store site under the Emergency Provisions of the City of Ukiah Municipal
Code (Section 1530). Your compensation for performing the work as described in the
attached letter dated July 28, 1997, and sketch, shall be on a time and material basis
not to exceed $12,300. Any work that may become necessary, but not described in
the scope of work, shall not be included in the not to exceed amount. Such extra
shall include removal of existing box culvert beyond what is shown on the sketch by
reason of unsuitability or unsuitable soil conditions encountered by reason of
groundwater. Contractor will be allowed to close the north bound outside traveled
lane to accommodate removal and replacement. Minor charges in the join to the
existing box may be made to accommodate forming and striping. We ask that you
start as soon as possible. A purchase order will be forthcoming.
Director of Public Works/Cit~ Engineer
RK:as
CC:
Candace Horsley, City Manager
Gordon Elton, Director of Finance
Jim Looney, Street Division Supervisor
Nora Kennedy, Purchasing Supervisor
Are Here To Serve"
· Al)MIN. 707/463-6200
· FAX I 707/463-6204
L~-,~VE., UKI,a,H, CA 95482-5400
· PUBUC SAFETY 463-6242/6274
·
July 28, 1997
Don Ferranti
FERRANTI CONSTRUCTION
Post Office Box 259
Redwood Valley, California 95470
RE: STORM DRAIN W~RK TO REPAIR THE EXISTING BOX CULVERT UNDER SOUTH
STATE STREET FRONTING THE UKIAH SAFEWAY STORE
Dear Don:
The City of Ukiah is seeking from you a proposal to provide construction services to repair the
above mentioned box culvert. This proposal is to include your rates for labor and materials
and give a stated _not to exce. ed a.rnoun~t for performing the work as described below.
1. Remove existing walls and deck of the failed box culvert (approximately 12
linear feet).
e
Remove the 3' tall westerly wall of the existing storm manhole structure.
.
Construct new cast-in-place reinforced concrete single box culvert
18" x 72" x 12' per Cai Trans Standard Plan D80 tied into the existing box
culvert and the existing storm manhole per details attached.
4. Reconstruct street section except for curb and gutter which will be constructed
by Safeway as part of their frontage improvements.
5. Work to be coordinated with PG&E and the City of Ukiah Water Department for
the relocation or installation of their facilities.
·
If you have questions, please contact us as soon as possible as the City would like to proceed
with this work immediately.
Since~/~
Rick Sands
Engineering Associate
Attachments
RS:KK
R:I~ENG
LFERRANTI
'~Ve Are Here To Serve"
P.O. Box 259 Redwood Valle)/, California 95470
PHONE: 707-48
5-0095 LICENSE: 385543 FAX: 707-485-0395
·
300 Seminary Ave.
Ukiah, Ca. 95482
, vo,c
DESCRIPTION
JOB
Reg:
Bid Est.
Total
Storm wark to repair the existing box culvert
und. er s~.uth state street fronting the Ukiah Safeway
store .
3,571 .17
.5.15,763.44
1.5% Finance charge on all past due accounts. Thank you for },our business.
AGENDA SUMMARY REPORT
ITEM NO. 8a
DATE: October 1, 1997
SUBJECT: APPROVAL OF CITIZENS OPTION FOR PUBLIC SAFETY
(COPS) GRANT PROGRAM
Assembly Bill 3229, as signed by the Governor, established the Citizens Option for Public Safety
(COPS) Grant Program. The bill appropriates some $100 million statewide for use in augmenting law
enforcement agencies. The City of Ukiah's share of the funding is approximately $34,200.00, and is
based on population estimates by the State Department of Finance.
Cities are required to appropriate COPS revenues to fund front line municipal police services. The
funds must be appropriated pursuant to a written request from the Chief of Police, which must include
the personnel, equipment, and programs necessary to meet the services to be funded.
The law requires the following implementation measures to qualify for the funds.
1. The Police Chief must prepare plans for review by the City Council which details the manner in
which the funds will be used.
2. The City Council must hold a public hearing each fiscal year on the plans submitted by the Police
Chief.
3. The City Council should approve the program recommended by the Chief of Police and appropriate
approximately $34,200.00 in a separate fund account for all expenditures through the COPS
Program.
Continued on Page 2
RECOMMENDED ACTION: After public hearing has been held, City Council approve the COPS
Program as presented by Acting Chief of Police John Williams, and appropriate a separate fund
account for all expenditures.
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. Determine alternate funding projects for COPS Program.
Acct. No. (If NOT budgeted): N/A Acct. No.:
Appropriation Requested: N/A (If budgeted)
Citizen Advised: N/A
Requested by:
Prepared by: John D. Williams, Acting Chief of Police
Coordinated with: Candace Horsley, City Manager
Candace Horsley, City er
As these revenues must supplement and enhance existing services and funding, it is
recommended the funds be used to improve our communications and Public Safety Dispatch
Center. The money is to be spent at the discretion of the Chief of Police with the concurrence
of the City Council and public. We have established a Supplemental Law Enforcement
Services Fund in accordance with Section 30061 of the Government Code. We will receive
approximately $34,200. These funds will be used to update and restore Public Safety Dispatch
services for the City of Ukiah. These funds will assist in the relocation of the Dispatch Center
and purchase of equipment which will enhance the performance of Police services in our
community. Upon receipt, these funds will be deposited as specified in AB3299 into a separate
account fund with the City of Ukiah Finance Director.
Your support of this program in achieving this goal of the Ukiah Police Department and
savings to the City is very much appreciated. Please feel free to contact me should you have
any questions or need additional information.
Page 2
NOTICE OF PUBLIC
HEARING
NOTICE IS HEREBY GIVEN
Ihal on Wednesday October
1, 1997, al 7:00 p.m., or as
soon lhereafler as the mailer
may be heard, lhe Uklah City
Council will conducl a Public
Hearing al Ihe City Council
Chambers, Iocaled at 300
Seminary Avenue, Uklah, CA,
1o receive input for the
program, Citizens Option for
Public Safety (COPS),
proposed by lhe Director of
Public Safely and funded
through the provisions of
AB3229, to supplement
existing front line law
enforcement services.
Information concerning lhis
Hem may be oblained dudng
normal business hours at the
office of Ihe City Clerk at Ihe
Civic Cenler, 300 Seminary
Avenue, Ukiah, CA. s/Colleen
B. Henderson, Cily Clerk.
Publish: September 21, 1997.
MEMORANDUM
DATE'
September 26, 1997
TO:
FROM:
SUBJECT'
City Council
Candace Horsley, City Manag~...~,.~~.
Agenda Summary Report - Item 8b: Introduction of Ordinance Amending
Division 9, Chapter 2 (Zoning) of the Ukiah City Code
Due to the unexpected exhaustive legal review of the proposed Ordinance by the City
Attorney, the Agenda Summary Report could not be completed in time to go out with the
Council's packets. The City Attorney has indicated that his review will be completed in
time for finalization and hand delivery of the Agenda Summary Report on Monday,
September 29, 1997.
AGENDA
SUMARY
ITEM NO. 8b
DATE: October 1, 1997
REPORT
SUBJECT: INTRODUCTION OF ORDINANCE AMENDING DIVISION 9, CHAPTER 2
(ZONING) OF THE UKIAH CITY CODE
SUMMARY: It has been an important goal of the Planning Department for sometime to
update and reorganize the Zoning Code to make it more user friendly and easier to administer.
This project is the first in a series of proposed Zoning Code amendments intended to accomplish
this goal.
The existing Zoning Code does not contain an Article entitled "Administration." The permit
processing procedures, and other administrative provisions are located in various Articles and
Sections in the existing Zoning Code, making it difficult to administer and explain to the general
public. This proposed Zoning Code text revision project brings all the administration and permit
processing procedures into one Article entitled, "Administration and Procedures." Changes to
the existing language and procedures are also proposed that involve requiring minor Site
Development Permits to be considered by the Zoning Administrator rather than the Planning
Commission, and having appeals of the Zoning Administrator go to the Planning Commission,
rather than the City Council for a final decision.
The proposed "Administration and Procedures" Article would update and consolidate all the
existing text provisions related to zoning administration and development permit processing.
Currently, many provisions related to these topics are located in inappropriate Sections of the
(continued on page 2)
RECOMMENDATION: 1) Conduct a public hearing; and 2) Introduce by title only the
Ordinance amending Chapter 2 (Zoning) of the Ukiah City Code.
ALTERNATIVE COUNCIL POLICY OPTION: 1. Do not introduce 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 and Bob Sawyer, Planning Director, and
David Rapport, City Attorney
Attachments:
1. Ordinance amending Division 9, Chapter 2 of the Ukiah City Code.
2. Planning Commission Staff Report, dated September 10, 1997
3. Planning Commission minutes, dated September 10, 1997
APPROVED:
Candace Florsl~y, City,~anager
1
Code. For example, the regulations for Site Development Permits, and the duties and
responsibilities of the Zoning Administrator are located in the parking and off-street loading
regulations. In addition, the proposed new Article would expand the responsibilities of the
Zoning Administrator, and eliminate the existing two-phase appeal process involving the Planning
Commission and ultimately the City Council.
Adoption of the proposed Ordinance involves the rescinding of a number of existing Zoning Code
Sections and Articles. While the new "Administration and Procedures" Article logically fits as
Article 3 in the Zoning provisions, it is being adopted as Article 20 at the end of the Code to
avoid the task of renumbering the entire Chapter. Once we complete the entire Zoning Code
revision project, we will return to the City Council with a final Ordinance establishing the definitive
order of Articles for the Zoning Code.
Planning Commission Recommendation
On September 10, 1997, the City Planning Commission conducted a public hearing and
considered the proposed amendments to the City Zoning Code. The Planning Commission
expressed strong support for the proposed amendments, with a few modifications. The following
discussion summarizes their comments, and details their recommendation to the City Council:
lm
Permit Procedures: This Section (9261) describes the procedures and regulations for
Use Permits, Site Development Permits and Variance applications. Staff is proposing an
important change to the existing procedures. The current regulations require that all Site
Development Permits (SDP) be considered and acted upon by the Planning Commission.
It is recommended that only major SDP's be required to go the Planning Commission,
and minor SDP's be scheduled for a public hearing before the Zoning Administrator. This
would free-up the Planning Commission from having to consider small innocuous
projects, and allow them to focus on large development projects, and broader long-range
planning matters.
While the Planning Commission was supportive of this change, they did feel that it would
be important to include criteria in the Ordinance for distinguishing a minor permit from a
major one. Staff supports this recommendation, and criteria have been added to the
proposed text.
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Appeal Process: This Section outlines the appeal process for all discretionary actions
taken by the Zoning Administrator and Planning Commission. A change is proposed to
the existing regulations concerning the appeal of actions taken by the Zoning
Administrator. Rather than these appeals going to the Planning Commission and possibly
to the City Council on a second appeal, it is recommended that the appeal go to the
Planning Commission for a final decision. This will facilitate the appeal process, and
remove innocuous appeals of small projects from the City Council's duties.
Staff originally proposed that the appeals on minor permits skip the Planning
Commission, and go directly to the City Council. However, the Planning Commission felt
that since they are an appointed body solely focused on land use planning, they are
better equipped to make the final decisions on appeals of the Zoning Administrator's
decisions. Staff supports this recommended approach, and has modified the text
accordingly.
Consistency of Format: The Planning Commission also found a few inconsistencies
in the format of the proposed Article, and staff has modified the text accordingly.
.
Choice of Decision Making Process: During the discussion of minor and major
permits, the Commission decided to recommend that the regulations provide an
opportunity for the applicant of a minor permit to choose the Planning Commission as the
decision making body, rather that the Zoning Administrator.
Staff does not support this recommendation. First, it is unlikely that an applicant would
willingly choose a more formal and time consuming government review process for a
minor development project, when a less formal and more rapid process is available.
Second, we believe that the development project review process should be established
and controlled by the City. Providing the applicant a choice could be confusing to the
applicant, or could result in problems, such as the project proponent wanting to change
the choice late in the process. The proposed Ordinance does not include the opportunity
for applicant choice.
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH
AMENDING DIVISION 9, CHAPTER 2 (ZONING) OF THE UKIAH CITY CODE
The City Council of the City of Ukiah hereby ordains as follows:
SECTION ONE
Pursuant to Section 9260 of the Ukiah City Code, Division 9, Chapter 2 (Zoning)
is amended 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.
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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:
NOES:
ABSENT:
ABSTAIN:
Passed and adopted on
AYES:
NOES:
ABSENT:
ABSTAIN:
, by the following roll call vote:
Sheridan Malone, Mayor
ATTEST:
Colleen B. Henderson, City Clerk
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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
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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
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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
for which the permit was issued, and is not diligently completing the project and commencing
the use for which the permit was issued.
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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
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.
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.
final decision.
5.
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 Planning
Commission for a final decision.
3. The Planning Commission shall review, conduct public hearings, and decide upon
all major Use Permit applications.
Appeals of the Planning Commission's actions shall go to the City Council for a
At the discretion of the Planning Director, any Use Permit application may be
scheduled for consideration and decision-making by the Planning Commission.
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
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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 institute a
lawful exercise of the police power and not a taking of private property under the
5th Amendment of the United States Constitution.
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
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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 or the 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 Planning Commission or 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. 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
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 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).
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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, 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 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
Planning Commission for a final decision. Any such appeal must comply with the requirements
of Section 9266 of this Article.
926:3: SITE DEVELOPMENT PERMIT PROCEDURES: The following regulations govern the
submittal, review, and processing of Site Development Permits.
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.
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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
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.
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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 go to the City Planning
Commission 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's actions shall go to the City Council for a
final decision.
5. At the discretion of the Planning Director, any Site Development Permit
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
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Development Permit application:
The proposal is consistent with the goals, objectives, and policies of the City
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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.
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
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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.
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 Planning Commission
or 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.
I. 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
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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.
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 Planning Commission 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:
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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:
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.
C. 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 go to the City Planning
Commission for a final decision.
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3. The Planning Commission shall review, conduct public hearings, and decide upon
all major Variance applications.
4. Appeals of the Planning Commission's actions shall go to 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
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
documented 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
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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. 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.
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
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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
of the renewal application. An appeal of the Planning Director's decision may be made to the
Planning Commission for a final decision. Any such appeal must comply with the requirements
of Section 9266 of this Article.
926,5: 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.
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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.
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 Planning
Commission for a final decision. Such an appeal must be made in writing stating the reasons
for the appeal, must include the appeal fee, in 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
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hearing, the Planning Commission may affirm, reverse, revise or modify the appealed decision
of the Zoning Administrator. All Planning Commission 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
name and address of such owners as shown upon the current assessment roll of the county. If
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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 use 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.
C, 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.
9268: 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
changes to previously approved projects, and other minor zoning matters as determined by the
City Planning Director.
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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
Planning Commission for a final decision as provided for in this Chapter.
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CITY OF UKIAH
PLANNING REPORT
AGENDA
ITEM: ,,, 7B.
DATE:
09-10-97
DATE:
TO:
FROM:
SUBJECT:
September 10, 1997
City of Ukiah Planning Commission
City of Ukiah Planning Department
Zoning Code Text Revisions - Administration and Procedures
PROJECT SUMMARY: The existing Zoning Code does not contain a Chapter (Article) entitled,
"Administration." The permit processing procedures, and other administration provisions are
located in various Articles and Sections in the existing Zoning Code, making it difficult administer
and explain to the general public. This proposed Zoning Code text revision project would bring
all the administration and permit processing procedures into one Article entitled, "Administration
and Procedures." Changes to the existing language and procedures are also proposed that
involve requiring minor Site Development Permits to be considered by the Zoning Administrator
rather than the Planning Commission, and havincj appeals of the Zomng Administrator g.o directly
to the CAy Counc_jJ.
This project is quasi-legislative in nature and does not require City Planning
Commissioners to visit the site priorto formulating a recommendation to the City Council.
PROJECT LOCATION: N/A
DEPARTMENT RECOMMENDATION: The Planning Department recommends that the Planning
Commission recommend City Council APPROVAL of the proposed Zoning Code text revisions.
ENVIRONMENTAL DOCUMENTATION: The City of Ukiah has determined that this Zoning
Code text revision project is not subject to the requirements of CEQA, pursuant to Section 15061
(b)(3) of the CEQA Guidelines (no possible impact rule) because it merely revises the
administration and permit processing procedures, and therefore would not alter or change the
physical environment.
GENERAL PLAN AND ZONING DESIGNATIONS: N/A
PROJECT DESCRIPTION: The proposed Zoning Code revision project involves deleting a
number of existing Articles and Sections, and creating a new Article entitled, "Administration and
Procedures." Specifically, the following Articles and Sections would be deleted: Article 18 -
"Use Permits, Variances, and Amendments'; Sections 9210, 9211,9212, 9213, 9214, and 9215,
all dealing with the Office of the Zoning Administrator, Section 9208 - "Site Development
Permits"; Article 20 - "Amendments'~, and Article 22 - "Interpretation, Enforcement Penalties and
Legal Procedure. °'
The proposed new Article would include procedures for Use Permits, Variances, Site
Development Permits, Zoning Text/Map Amendments, Appeals, and Prezoning applications. It
would also outline the responsibilities and duties of the Zoning Administrator, and set forth the
procedures for Enforcement, Penalties, and Legal Procedures. As indicated above, it is also
proposed that minor Site Development Permits be required to go to the Zoning Administrator
rather than the Planning Commission for consideration, and that all appeals of Zoning
Administrator actions go directly to the City Council.
STAFF ANALYSIS/DISCUSSION: The proposed "Administration and Procedures"Article would
update and consolidate all the existing text provisions related to zoning administration and
development permit processing. Currently, many provisions related to these topics are located
in inappropriate Sections of the Code. For example, the regulations for Site Development
Permits, and the duties and responsibilities of the Zoning Administrator are located in the parking
and off-street loading regulations. In addition, the proposed new Article would expand the
responsibilities of the Zoning Administrator, and eliminate the existing two-phase appeal process
involving the Planning Commission and ultimately the City Council.
The following analysis includes an individual discussion of each component of the proposed new
''Administration and Procedures" Adicle.
Purpose: The proposed Article begins with a Section entitled, "Purpose." This language would
provide a statement regarding the aim and objectives of the Article. This is a new Section that
does not appear in the existing Zoning Code.
Permit Procedures: This Section describes the procedures and regulations for Use Permits,
Site Development Permits and Variance applications. These procedures include application filing
and submittal requirements, public noticing requirements, action on the permits, findings,
conditions of approval, effective date of the permit, renewal requirements, and expiration and
revocation procedures.
The public noticing procedures have been up-dated, and the Sections requiring findings and
explaining conditions have been revised and reformatted.
This Section makes an important change to the existing procedures. The current regulations
require that all Site Development Permits (SDP) be considered and acted upon by the Planning
Commission. It is recommended that only major SDP's be required to go the Planning
Commission, and minor SDP's be scheduled for a public hearing before the Zoning
Administrator. This would free-up the Planning Commission from having to consider small
innocuous projects, and allow them to focus on large development projects, and broader long-
range planning matters.
Zoning Text/Map Amendments (Rezonings): This Section includes provisions for the initiation
of amendments, submittal requirements, public noticing, findings, and action on these types of
applications. The sequence of regulations, and the format of the Section has been revised to
be consistent with other Sections of the Article.
Appeals: This Section outlines the appeal process for all discretionary actions taken by the
Zoning Administrator and Planning Commission. Staff is proposing a change to the existing
regulations concerning the appeal of actions taken by the Zoning Administrator. Rather than
these appeals going to the Planning Commission and possibly to the City Council on a second
appeal, it is recommended that the appeal go directly to the City Council. This will facilitate the
appeal process, and remove innocuous appeals of small projects from the Planning
Commission's duties.
Prezoning: This Section details the Prezoning application procedures, which include public
noticing requirements, action, and how the effective date is established. This language is
substantially the same as the existing code language.
Zoning Administrator: This important Section establishes the office of the Zoning
Administrator. It describes the Zoning Administrator's function, duties, and authority; the action
taking procedures; referrals to the Planning Commission; and the appeal process. The only
substantial change that is recommended involves requiring that minor Site Development Permits
be subject to review and action by the Zoning Administrator rather than the Planning
Commission. As previously indicated, this will free-up the Planning Commission to concentrate
on large development projects, and more complex long-range planning matters.
Enforcement, Penalties, and Legal Procedures: This Section is a carry-over from the existing
code. It defines what a violation is; establishes the procedures for zoning violation
investigations; outlines the procedures for property owner notification; and details the abatement
process. The language has been revised to be more easily understood by the general public,
staff, and decision makers.
CONCLUSIONS: The existing administration and development permit processing procedures
are located in different Articles in the Zoning Code. This has caused difficulties in both
administering the provisions, as well as explaining the requirements to the general public. The
proposed new "Administration and Procedures" Article combines the various related provisions
into one easily administered section of the code. Some changes are proposed that will correct
out-dated and inefficient procedures, and free-up the Planning Commission to focus their
attention on more complex planning matters.
ATTACHMENTS:
1. Draft Ordinance Revising the Zoning Code
ACKNOWLEDGMENTS: The following personnel prepared and reviewed this Planning Report,
respectively:
~~;~,( - Senior/~r
Bob Sawyer, Plannin(~rector .x
MEMORANDUM
DATE'
TO:
FROM:
September 10, 1997
Planning Commission
Charley Stump, Senior Planner
SUBJECT: Proposed Revisions to the Ukiah City Code; Administration and
Procedures
Subsequent to the preparation of the Staff Report for the above referenced item, staff has
determined that additional language is needed to further explain what a Use Permit and Variance
Permit are, similar to how a Site Development Permit is described in the body of the text.
Accordingly, we are proposing the following additional language
Pa_~e '1 - Use Permit Procedures: (A) General
Use Permits shall be issued as provided in this title 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 title. 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 referred to the Planning
Commission for public hearing and action.
Page 7 - Variance Procedures
0000 VARIANCE PROCEDURES: ~!~)~!i!~ii~i~ii~i!~ii~i~ili~i~ii~ii~i!~ii~i~:
Variance applications and processing procedures shall be as follows:
MINUTES
CITY OF UKIAH PLANNING COMMISSION
September 10, 1997
MEMBERS PRESENT
Eric Larson
Joe Chiles
Jennifer Puser
Mike Correll
Judy Pruden, Chairman
MEMBERS ABSENT
None
OTHERS PRESENT
Matt Anderson
Duane Hill
Bill Howland
Carolyn Rohrig
Fred Schneiter
Richard Shoemaker
Helen Sizemore
STAFF PRESENT
Charles Stump, Senior Planner
Dave Lohse, Associate Planner
Marge Giuntoli, Recording Secretary
The regular meeting of the City of Ukiah Planning Commission was called to order by Chairman
Pruden at 7:03 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue,
Ukiah, California. Roll was taken with the results listed above.
3. SITE VISIT VERIFICATION
Chairman Pruden polled the Planning Commissioners and determined each had made the required
site visits.
4. APPROVAL OF MINUTES - August 27, 1997
Commissioner Larson suggested the following corrections to the minutes: Page 12, Paragraph
1, 5th Sentence, replace "conditions" with "criteria;" Page 13, Paragraph 4, 2nd Sentence, amend
to read, "He further stated he did not recall just what was decided regarding the CEQA evaluation
and what the Environmental Impact Report (EIR) for the General Plan stated regarding any
environmental review done of the City's policy on historical preservation."
Chairman Pruden suggested the following correction to the minutes: Page 14, Paragraph 1, 1st
Sentence, amend to read, "Chairman Pruden advised there appears to be a code violation
occurring with the excessive number of advertising signs in the windows of various fast food and
convenience stores, and that she asked numerous times to request that the Code Officer deal with
signage issues."
ON A MOTION by Commissioner Puser, seconded by Commissioner Correll, it was carried by an
all AYE voice vote of the members present to approve the minutes of August 27, 1997, as
amended.
MINUTES OF THE PLANNING COMMISSION
Page 1
September 10, 1997
5. COMMENTS FROM THE AUDIENCE ON NON-AGENDA ITEMS
No one came forward.
6. APPEAL PROCESS
Chairman Pruden read the appeal process to the audience. For matters heard at this meeting, the
final date for appeal is September 22, 1997.
1
PUBLIC HEARINGS
Site Development Permit Application No. 97-35, as submitted by Rural Communities
Housing Development Corporation (RCHDC), to allow the development of sixteen
apartments on two parcels with a total area of 1.27 acres, on properties located in the
R-1 (Single Family Residential) and R-2 (Multiple Family Residential) Zoning Districts,
at 148 Gibson Street and 838 through 888 North State Street (Assessor Parcel Nos.
002-080-42 &45).
Associate Planner Lohse advised that approval of the site development permit would allow the
development of a 16-unit apartment complex on two contiguous parcels with a total area of 1.27
acres. The complex would be developed and reserved for tenants that have been diagnosed with
a chronic mental illness, as defined by the State Mental Health guidelines. None of these tenants
would have a condition that would excessively inhibit their ability to live on their own and none
would require on-site care.
The majority of the apartment development would occur on the larger parcel (1.12 acres) that is
landlocked by adjacent commercial and residential lots, with access provided via a private drive on
the smaller parcel. This larger parcel currently contains two vacant, dilapidated houses slated for
demolition if this project is approved. The site also contains a large amount of vegetation, including
several Coast Oak trees, Walnut trees and evergreen tree species. Several smaller, but mature
trees located in the center of the lot would require removal to accommodate the proposed
apartment buildings, but all of the larger trees on the site would be preserved. The smaller parcel
is approximately 50 feet wide and 110 feet long, and contains no structures. This lot is, however,
partially restrained from development by the presence of a 10-foot wide easement on its west side
that has been provided to the property owner to the west for the parking of a recreational vehicle.
The proposed apartment complex would consist of 3 separate buildings containing one and two-
bedroom apartment units; the building in the middle would also contain a common laundry-
recreation room and a manager's apartment. All of these units were designed to be compatible
with the single family residences that border it on the west and south, and contain such features
as a single-story height, extended eaves and thin clapboard siding. In addition, the buildings have
limited window and door openings on the sides facing adjacent residences, and would be painted
tan or other earth colors in order to blend in with existing vegetation. Access to the proposed
apartments would be via a 24-foot wide driveway that would extend from Gibson Street to a 16-stall
parking lot on the south side of the larger parcel. This lot would contain handicapped access and
two handicapped parking stalls.
MINUTES OF THE PLANNING COMMISSION
Page 2
September 10, 1997
Staff review consisted of the preparation of an Initial Study, in accordance with CEQA
requirements. During preparation of this study, staff noted potentially significant adverse impacts,
including: 1) Impacts to earth and water resources as the result of grading, and compaction
needed to prepare the building pads, driveways and parking lots; the mitigation consists of the
preparation of a comprehensive grading and drainage plan; 2) Short term impacts to air quality
from dispersion of particulate matter during development activities, as outlined by Air Quality
Management District staff; the mitigation consists of specific measures designed to modify standard
construction practices; 3) Potential impacts to existing vegetation on the site, particularly the
existing mature trees; the mitigation measures are included for the preservation and/or replacement
of trees; 4) Creation of nuisance level noise impacts, mitigated by the requirement for the
limitation of hours of construction; and 5) Nuisance level impacts to circulation on Gibson Street
were also identified, but the projected number of trips is not anticipated to exceed 48 Vehicle Trip
Ends, or VTE, per day due to the limited number of licensed drivers expected to be among the
tenants of the complex and the 96 VTE expected for a "standard" apartment complex. Neither
amount would cause "significant" impacts to existing traffic levels.
Planning staff also reviewed the project's compliance with the use and development standards for
the R-1 and R-2 Zoning Districts, and determined that the project complies with the applicable
standards for building heights, building densities, lot size, and front yards and setbacks. Planning
staff also reviewed the proposed parking at the site, and determined that the 16 stalls proposed
for the apartment complex is adequate since chronically mentally ill tenants are not typically
licensed to drive, although some may have spouses or roommates that do. Because the apartment
units could eventually be used for standard multiple family residential units, staff recommends that
space for six additional parking stalls be reserved on the site in order to ensure consistency with
Zoning Code requirements.
The project site contains a large number of trees, some of which would require removal for building
pads, driveways or parking lot areas, although the majority of the mature trees would remain since
they are located on or near the site's property lines. Staff has outlined specific tree
preservation/replacement measures in both the Initial Study and as Conditions 23-28 in the
Planning Report.
Based on its analysis, staff concludes that this project provides a superior site design and
orientation, and complies with the General Plan, the applicable use and development standards
of the R-1 and R-2 Zoning Districts, and tree preservation policies. Staff has received no written
public comments related to the project.
Commissioner Correll disclosed he was within the noticing district for this project. Following
discussion regarding noticing guidelines and potential conflicts, staff recommended he recuse
himself from the meeting. Mr. Correll stepped down from the dais and joined the audience at 7:22
p.m.
The Commissioners offered comments relative to the project, including whether the development
should involve a use permit, the demolition process, and traffic volume discrepancies. It was noted
that on Page 18, UTILITIES, the term "grocery store" was used in error. Clarification followed
wherein it was determined the applicants had previously indicated they had plans to merge the two
MINUTES OF THE PLANNING COMMISSION
Page 3
September 10, 1997
parcels, and that there would be no development on the smaller R-1 zoned parcel with the
exception of the driveway, parking stalls, and sidewalk.
PUBLIC HEARING OPENED: 7:27 p.m.
Duane Hill, Executive Director, RCHDC, 237 East Gobbi Street, advised they had received a
copy of the list of the homeowners within the noticing area, and RCHDC subsequently sent their
own letter describing the project, in addition to walking the neighborhood and talking with all of the
residents on Gibson and Oak Streets adjacent to the project site. Because they were very aware
of the neighbors' concerns relative to their proposal of several years ago, they requested that their
architect review those concerns, and as a result, the density for this development has been kept
Iow, the building is single-story design, there will be an on-site manager, and the traffic flow is
anticipated to be similar to that of their Holden Street facility, which has only a few cars at any one
time parked on the site. He further advised that HUD regulations demand they enter into a
regulatory agreement which states that RCHDC must use the development for the intended use
for a period of 40 years; they have no desire to change that use.
Commissioner Chiles voiced his concern regarding emergency vehicle access and turnaround.
Matt Anderson, 729 Santa Ana Drive, Santa Rosa, Architect, replied there is a 24 foot wide
driveway and a turnaround at the end of the parking area. The Fire Department required the
turnaround, and has advised that at the time the building permit is applied for a fire hydrant on the
property will also be required. HUD requires sprinklers within the building.
The Commissioners queried Mr. Anderson regarding parking, shade trees along the property line,
access to the neighboring food bank, parking lot lighting, and the Gibson Street sidewalk.
Mr. Anderson replied they would have no problem with planting a few additional shade trees. He
further replied there was no access easement to the eastern properties, and they had planned to
screen the lighting to lessen the impact on the adjacent properties.
Discussion followed regarding ADA requirements, wherein it was noted that under the uniform
requirements, the facility and all of the units must be 100% handicapped accessible; however, HUD
requires that 10% of the units be designed specifically to meet the needs of handicapped
individuals.
The Commission queried the applicants regarding client turnover, traffic calming measures, and
client transportation options.
Mr. Hill replied their experience with the Holden Street complex is that there is little client turnover
since most chronically mentally ill individuals do not become healthy enough to live on their own,
although they are legally responsible for themselves. RCHDC attempts to locate sites in areas that
are in close proximity to public services, and tenants are generally transported by family members
or the bus system; in this case, the bus stop is located within one block of the facility. Some
tenants bicycle to their destinations, but because of possible vandalism, exterior bicycle parking
MINUTES OF THE PLANNING COMMISSION
Page 4
September 10, 1997
is not provided for. The management works those issues out individually with the tenants in the
complex, and attempts to accommodate their needs.
Fred Schneiter, 700 West Perkins, spoke in favor of the development, stating his 27 year old
developmentally disabled son was born in Ukiah, but has spent his last 22 years in Sonoma County
because there was not a facility here to house him. He further stated that RCHDC has had a
record of successes, and urged the Commissioners to vote in support of the project.
Carolyn Rohrig, 1080 North Oak Street, voiced her concerns relative to the impact the
development could possibly have on the nearby daycare center, stating that the increase in traffic
may constitute a hazard for the children, and that she was aware that child molesters may be
referred to Mental Health without a conviction and therefore are not required to register. She
requested assurance that such offenders will not be placed at this facility.
Helen Sizemore, 989 North Oak Street, commented she would prefer the ingress and egress be
on State Street, and that the buildings be redesigned or as many trees as possible be left on the
site to soften the impact the additional paving will have on the temperatures on the property. She
further commented she much prefers this development to the similar one she protested 20 years
ago.
Richard Shoemaker, 710 Willow Avenue, spoke in favor of the project, stating he is RCHDC's
landscape contractor and has found the Holden Street complex to be a clean, quiet, and pleasant
facility. He further stated these types of facilities offer a great service and are important to this
community.
PUBLIC HEARING CLOSED: 7:59 p.m.
Discussion followed regarding pedestrian access to State Street, with staff noting the property
owner to the east of the project is reluctant to provide the easement. The Police Department was
concerned that since this lot was landlocked, better security would be provided for the residents
by a single entryway with a locked gate, and while open access may be more convenient, it
presents more of a safety problem.
Chairman Pruden commented she hoped there would not be large drainage expenses that will
arise for the applicant because of past problems on Evans Street. She reviewed the
Commissioners' recommended changes to the project, including the addition of trees to the site,
pedestrian crossings, and the need for a Dial-A-Ride stop.
PUBLIC HEARING REOPENED: 8:14 p.m.
Chairman Pruden inquired regarding setting up a place for passenger pick-up, including Dial-A-
Ride.
Mr. Anderson replied they had thought the eight foot wide van transfer space and the handicapped
parking spaces could be used.
MINUTES OF THE PLANNING COMMISSION
Page 5
September 10, 1997
Commissioner Chiles suggested that an overhang on the trash enclosure be installed, with a
bench placed in the sheltered area for a passenger waiting area. He voiced his concern regarding
the close proximity of driveways to bedrooms, and asked if it was feasible to use a barrier such as
railroad ties or retaining walls.
Mr. Anderson replied there will be a planter island and trees to protect the units.
PUBLIC HEARING CLOSED: 8:20 p.m.
Chairman Pruden suggested a condition be added stating that a lighting plan should be submitted
to the Planning Director for approval, which would include sufficient lighting for the sidewalk. The
option should also be given for a speed bump if it is found necessary, and there should be a
minimum of three trees placed in the south lawn area, along the southwest lawn and northeast
property lines.
Commissioner Larson recommended the crosswalk be raised similar to a traffic hump, thereby
giving priority to pedestrian access. He further recommended the amendment of Condition No. 34,
which would state that additional parking stalls would be provided if the 16 approved stalls are not
sufficient to meet the needs for off-street parking.
Chairman Pruden inquired whether the hours of construction could be modified.
Mr. Lohse replied they could be modified; however, if the construction hours are limited it will
prolong the duration of the construction and thus could have a negative impact on the air quality,
as noted by the Air Quality District.
ON A MOTION by Commissioner Larson, seconded by Commissioner Chiles, it was carried by the
following roll call vote, to accept Negative Declaration No. 97-35.
AYES:
NOES:
ABSTAIN:
ABSENT:
Commissioners Larson, Chiles, Puser, and Chairman Pruden.
None.
None.
Commissioner Correll.
ON A MOTION by Commissioner Larson, seconded by Commissioner Puser, it was carried by the
following roll call vote, to approve Site Development Permit Application No. 97-35, as submitted
by Rural Communities Housing Development Corporation, based on Finding Nos. 1-4 and subject
to Condition of Approval Nos. 1-33, as defined and recommended in staff's written report, with an
amended Condition No. 34 and the addition of Condition Nos. 35, 36, 37, and 38, which shall read
as follows:
Condition No. 34 (as amended): Additional parking stalls shall be installed on the
project site if Planning Department staff determines that the number of parking stalls
is not adequate to provide off-street parking for the occupants of the apartment
complex that actually drive; the number of additional stalls and the location that they
are installed in shall be subject to the review and approval of the Planning Director.
MINUTES OF THE PLANNING COMMISSION
Page 6
September 10, 1997
Condition No. 35: A Lighting Plan that includes parking lot security lighting and
lighting for the pedestrian sidewalk shall be submitted to the Planning Director for
review and approval prior to the issuance of building permits for the construction of
the apartment buildings.
Condition No. 36: The pedestrian crossing shall be marked with reflective markings
and/or raised above the grade of the driveway in accordance with standards
approved by the City Engineer in order to slow vehicle traffic in the vicinity of the
crossing.
Condition No. 37: A minimum of three additional trees shall be provided in the lawn
area on the southwest corner of the site and in the lawn areas on the east side of
the site; the tree species used and planting locations shall be subject to the review
and approval of the Planning Director.
Condition No. 38: A canopy or other weather-resistant shelter and a bench shall be
installed in the area located between the handicapped parking stalls and the trash
enclosure.
AYES:
NOES:
ABSTAIN:
ABSENT:
Commissioners Larson, Chiles, Puser, and Chairman Pruden.
None.
None.
Commissioner Correll.
RECESS: 8:39 p.m.
RECONVENE: 8:47 p.m.
7B.
City Zoning Ordinance Text Amendment Application 97-31(a), as filed by the City
Planning Department to combine all the administration and permit processing
procedures into one Article entitled, "Administration and Procedures." The project
involves the updating of procedures for Use Permits, Variances, Site Development
Permits, Zoning Text/Map Amendments, Appeals, and Prezoning applications. It
would also outline the responsibilities and duties of the Zoning Administrator, and
set forth the procedures for Enforcement, Penalties, and Legal Procedures.
Commissioner Correll reassumed his position with the Commission at 8:47 p.m., following the
recess.
Senior Planner Stump advised he had prepared a supplemental memo containing clarifying
language, and briefly reported on the written staff report pertaining to the text amendment
application. He stated the existing Zoning Code does not contain a Chapter (Article) entitled,
"Administration." The permit processing procedures, and other administration provisions are
located in various Articles and Sections in the existing Zoning Code, making it more difficult to
administer and explain to the general public. This proposed Zoning Code text revision project
would bring all the administration and permit processing procedures into one Article entitled,
"Administration and Procedures." Changes to the existing language and procedures are also
proposed that involve requiring minor Site Development Permits to be considered by the Zoning
MINUTES OF THE PLANNING COMMISSION
Page 7
September 10, 1997
Administrator rather than the Planning Commission, and having appeals of the Zoning
Administrator go directly to the City Council.
Chairman Pruden requested a definition of minor and major site development permits.
Mr, Stump replied that decision currently resides with the Planning Director; however, if the
Commissioners desire that criteria be established, it would be beneficial for them to provide staff
with some direction.
Discussion followed regarding site development permits, with the suggestion that facade changes
could be categorized as minor, but it was unclear at what point additions or remodels to existing
structures would pass from minor to major. Staff suggested that general guidelines/criteria for
determining such could be incorporated into the text of the ordinance, and noted they felt reluctant
to waste staff's and the Commissioners' time by bringing very minor projects before them. The
Commissioners, while voicing confidence in the current Planning staff, noted their concern
regarding whether future Planning staff would exercise the same discretion as the present staff.
Discussion continued with staff noting the Code does not contain a definition of what constitutes
a minor and major use permit, and that if there has been doubt as to which applies, the Planning
Director makes a determination. He reiterated it would be beneficial to have criteria to support the
major/minor permit decision.
Chairman Pruden stated she thought an applicant should have the option of choosing whether to
bring their project before either the Planning Commission or the Zoning Administrator.
It was the consensus of the Commission that this was an excellent suggestion, benefitting the
applicant who chose the Zoning Administrator hearing with reduced fees and a shorter time line
for approval.
Commissioner Larson stated he had noted there were inconsistencies between the use permit
and variance and site development permit in terms of expiration and revocation. The expiration
and revocation section for variances on Page 9, H-2 of staffs report requires a public hearing,
whereas use permits and site development permits can be granted an extension by the Planning
Director, and conversely, in terms of those renewal issues, there is no reference to the ability to
appeal the Planning Director's decision if that extension is denied.
Mr. Stump acknowledged the inconsistency and recommended the site development permit
language be followed in the variance; however, there should be an appeal process for the granting
of the extension.
Commissioner Larson inquired if, for instance, Kmart was granted an extension by the Planning
Director and it was not noticed in the newspaper and just performed administratively, and given
they would have appeal rights if they were denied, would it be necessary to publicly notice that an
extension had been given.
MINUTES OF THE PLANNING COMMISSION
Page 8
September 10, 1997
Mr. Stump replied there would be no additional fee, and if it is a due process issue and there are
appeal rights on the extension, it begs the question whether there should be a public hearing. Staff
would consult with the City Attorney regarding the matter and endeavor to make it consistent
throughout.
Commissioner Larson referred to Page 4, I. Expiration and Revocation, of staff's report, and
suggested the addition of a third item to the two stated criteria for revocation which would state that
if complaints generate the knowledge that a condition of a granted use permit/site development
permit/variance are being violated, the use permit is subject to a possible revocation. There have
been problems consistently over the years with enforcing the conditions, and it would be beneficial
to have it clearly defined for applicants. He further referred to Section A. General on Page 4, under
which it states site development permits are required for the construction of new non-residential
structures, and stated he assumed that was implied single family residential structures or duplexes
because they are done on multi-family structures, but that clarifying language was needed.
Mr. Stump explained the rationale behind the proposed changes in the appeal process, and stated
that it is proposed that appeals to a Zoning Administrator decision go directly to the City Council;
another option would be to make the Planning Commission the final decision-maker on Zoning
Administrator appeals. He noted that in larger cities the Councils are concerned with other items,
and their Planning Commissions handle the smaller appeals.
Commissioner Larson stated it was his opinion that the Planning Commission is better suited and
better qualified to deal with the conditions of the projects being appealed, since most of what is
brought on appeal to the City Council has been altered with information garnered from the Planning
Commission discussions, where the concerns were expressed during the hearings. An appeal is
a process, and although he is not supportive of multiple levels of appeal, he does not want to see
projects bypass the Planning Commission and the valuable input garnered there. He suggested
that perhaps the Planning Commission should be the final appeal board on minor site development
permits, since staff would probably tend to be less daring in conditioning a project than the
Commission would be. The Zoning Administrator is one staff person; the Planning Commission
is five appointed people. The chances are that an appeal to a Zoning Administrator decision will
be an effort to change the project to bring it before a higher body; he prefers it end with the
Planning Commission.
Following a brief discussion, it was the consensus of the Commission that the final appeal process
for a Zoning Administrator decision be at the Planning Commission level.
Commissioner Larson clarified that the applicant should clearly understand from the beginning
that they have the option of initially bringing their project to the Planning Commission, with the
appeal board being the City Council. If they choose to initially go before the Zoning Administrator,
then their only recourse for appeal would be the Planning Commission.
PUBLIC HEARING OPENED: 9:28 p.m.
No one came forward.
MINUTES OF THE PLANNING COMMISSION
Page 9
September 10, 1997
PUBLIC HEARING CLOSED: 9:29 p.m.
It was the unanimous decision of the Commission to recommend to the City Council approval of
the City Zoning Ordinance Text Amendment Application No. 97-31a, as filed by the City of Ukiah
Planning Department, in addition to the language changes noted in Mr. Stump's memorandum to
the Planning Commission of September 10, 1997, and as articulated in tonight's discussion.
al
8A.
8B.
8C.
PLANNING DIRECTOR REPORTS
City Council and Redevelopment Agency Actions
Future Planning Commission Agenda Items
Status Reports
See written reports.
Mr. Stump advised the light agenda anticipated for the September 24 Planning Commission
meeting would provide an opportunity to invite Mr. Steve Heckeroth, award-winning passive solar
designer and builder, as guest speaker.
Chairman Pruden suggested a notice be put in the local community calendar listing advertising
Mr. Heckeroth's appearance, and that invitations be extended to the City Council and City staff.
She suggested the presentation occur first on the agenda.
9. PLANNING COMMISSION REPORTS
Chairman Pruden advised the Commissioners of the September 12 registration deadline for the
League of California Cities Conference to be held in San Francisco in October, and recommended
they contact Senior Planner Stump for further information and the applicable forms. She reported
she had received an inquiry from an irate person relative to construction dates for the Orr Street
bridge.
Mr. Stump recommended the complaint be referred to City Engineer Rick Kennedy.
Commissioner Larson commented the bridge was estimated to be completed one year from the
opening of the new Kmart store.
Commissioner Puser reported that Tuesday, September 23 is "Bike to Work" day, sponsored by
the Wheeler's Club, and that at 5:00 p.m. of that same day the public is invited to participate in a
bicycle ride designed to alert decision makers to the needs of the biking community.
10. ADJOURNMENT
There being no further business, the meeting was adjourned at 9:36 p.m.
arr~e Giu~toli~-Rec'ording Secretary
b:meg\pc91097.min
Judy Pruden, Chairman
MINUTES OF THE PLANNING COMMISSION
Page 10
September 10, 1997
AGENDA
SUMARY
DATE:
REPORT
ITEM NO. 9a
October 1, 1997
SUBJECT: APPROVAL OF KMART "AIR QUALITY OFFSET FUND" PROJECT
SUMMARY: On May 4, 1994, the City Council adopted a Negative Declaration and
conditionally approved KMART Use Permit application 93-32. Imposed condition No. 23
required KMART to contribute $36,250 to an "Air Quality Offset Fund" that would be
used to "pursue measures maintaining appropriate air quality levels."
Later that year, staff worked with the Mendocino County Air Quality Management District
and a number of interested groups and citizens to determine exactly how the funds
should be utilized. A number of options were presented to the City Council, and after
considerable discussion, the Council earmarked the money to be spent on both a Master
Bicycle/Pedestrian Plan for the City, and a number of traffic calming measures along
Clara Avenue.
This decision was later modified because one interested party questioned whether or not
the traffic calming measures would actually reduce or maintain "appropriate air quality
levels." In response to this "debate", the City Council reconsidered the matter, and
ultimately voted 4-1 to eliminate the Clara Avenue traffic calming improvements. They
directed staff to return at a later date with a new strategy for spending the funds.
(continued on page 2)
RECOMMENDATION: Approve spending the KMART "Air Quality Offset Fund" money
on both a Master Bicycle/Pedestrian Plan, and grant matching funds to help implement
the Plan.
ALTERNATIVE COUNCIL POLICY OPTION: Identify other projects and provide
direction to staff.
Citizens Advised: Mendocino County Air Quality Management District (MCAQMD),
Ukiah Wheelers Bike Club, and Citizens For Adequate Review (CFAR)
Requested by: Planning Department
Prepared by: Charley Stump, Senior Planner
Coordinated with: Candace Horsley, City Manager and Bob Sawyer, Planning Director
Attachments: None
APPROVED:
Candace Horsley, Ci~'y ~anager
Master Bicycle/Pedestrian Plan
The idea of using all or a portion of the KMART "Air Quality Offset Fund" for the
preparation of a Master Bicycle/Pedestrian Plan for the City has never been protested.
The questionable project was the Clara Avenue traffic calming improvements, which
have since received alternative funding, and therefore are no longer under consideration
for the KMART "funds."
Staff has interacted recently with the Mendocino County Air Quality Management District
(MCAQMD), Ukiah Wheelers Bicycle Club, and Citizens for Adequate Review (CFAR),
and there is consensus to recommend using the money to fund the preparation of a
Master Bicycle/Pedestrian Plan for the City. There is agreement that in all likelihood, this
planning document will not require the full $36,250, and that the remaining money should
be used as grant matching funds to ultimately implement the provisions of the Plan.
While we want to have a comprehensive Plan prepared, we also want to have as much
grant matching money available to leverage large state or federal grants. Accordingly,
staff intends to balance these two objectives by determining the minimum Plan
requirements to be competitive for grants and scoping the document accordingly. We
also intend to solicit the involvement of interested parties to assist the consultant team
preparing the Plan. In addition, an ample amount of staff time will be dedicated to
managing the project.
Ukiah General Plan
The General Plan contains implementation measures related to bicycle facility planning
in both the Parks & Recreation and Circulation Elements. The preparation of a Master
Bicycle/Pedestrian Plan will satisfy both the purpose and intent of collecting the money
from the KMART project, and fulfill the General Plan goals of improving bicycle safety,
increasing bicycle facilities, promoting the use of bicycles in the City, and improving and
increasing pedestrian walkways.
AGENDA
SUMMARY
ITEM NO. 9b
DATE: OCTOBER 1, 1997
REPORT
SUBJECT: REPORT REGARDING USE OF HERBICIDES BY CITY OF UKIAH
At the September 17, 1997 City Council meeting, CalTrans presented its Herbicide Spray
Application Program for use within the State rights-of-way. The Council subsequently requested
a report by City Staff regarding similar use within the City of Ukiah by City forces. Identified in
the following report is a brief history of previous spray practices and the measures taken to date
to increase safety and reduce the overall application of herbicides.
The divisions within the City which conduct herbicide application programs are Parks/Golf
Maintenance, Public Utilities, and Streets with each department having trained and certified
personnel in charge of implementing the specific program for vegetation control. Our pesticide
applicators must pass a State of California Qualified Applicators exam and are required to
complete at least 10 hours of State prescribed continuing education per year for recertification.
This rigorous education and testing program is conducted by the State of California Pesticide
Regulations Department.
Prior to use, a written recommendation as to proper material and application rates must
be secured from a State of California Certified Pest Control Advisor. The State of California also
requires monthly pesticide use reports to be submitted to the County of Mendocino providing
(continued on page 2)
RECOMMENDED ACTION: Receive report regarding City's use of herbicides.
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. Determine additional information is required prior to receiving report and identify
meeting date at which to return with report.
2. Determine report is not desired and proceed to next agenda item.
Acct. No. (if NOT budgeted): N/A Acct. No.: N/A
Appropriation Requested: N/A
Citizen Advised: NA
Requested by: NA
Prepared by: George Borecky, Water/Sewer Operations Superintendent, Larry
DeKnoblough, Director of Community Services, and Rick Kennedy, City
Engineer/Director of Public Works,
Coordinated with: Michael F. Harris, Assistant City Manager and Candace Horsley, City
Manager
Attachments: None
APPROVED: ~ ~~--~,,~..
Candace Horsley, City ~anager
REPORT REGARDING USE OF HERBICIDES BY CITY OF UKIAH
OCTOBER 1, 1997
PAGE 2
local oversight of all applications. Additionally the Mendocino County Agriculture
Commissioner's office inspects the Street Maintenance Division's spray operations and safety
program. The Council should note that the City of Ukiah has never been cited or reprimanded
for any violation of state regulations.
Three products are used throughout the City: "Roundup", "Surflan", and "Weed and Feed
Fertilizer". All of these materials are available over the counter and carry a "Caution" label
which denotes the lowest possible level of relative toxicity and minimum hazard designation.
Many common household cleaners such as bleach and kitchen cleanser carry the same or a
more severe designation.
"Roundup" is a post-emergent, systemic herbicide with no soil residual activity. It gives
a broad spectrum control of many annual weeds, perennial weeds, and woody brush. It is a
water soluble liquid formulated for dilution. It is classified as a Category E non-carcinogenic
material with a "Caution" label for minimum toxicity.
"Surflan A.S." is a pre-emergent herbicide for the control of most annual grasses and
select broadleaf weeds by disrupting growth at germination. It is available in either water
soluble liquid or as a granular form. This product is also listed as a non-carcinogenic material
with a "Caution" label for minimum toxicity.
"Weed and Feed Fertilizer" is a broadleaf herbicide in granular form combined with
fertilizer for application on turf areas. In the Parks Division the material is applied by a walk
behind spreader which broadcasts the granular material in approximately ten foot radii. Use of
this product is limited to the Parks/Golf Maintenance division.
The specific locations and details of each department's application are presented here.
ELECTRIC, SEWER, AND WATER:
The Water/Sewer Division currently conducts all of the herbicide application for the Public
Utilities Department (including electric). Spraying is conducted to control weeds at the facilities
as well as controlling blackberry bushes which are almost impossible to control by hand cutting.
In addition to the reports and recommendations from outside agencies relative to spraying, the
Water Treatment Plant is required by law to routinely sample for Glyphosate, the active chemical
in "Roundup". No trace has ever been detected in our water.
Mowing is still the mainstay of the Public Utility weed control program. However, in June
1997, the Fire Department conducted a training burn at the Wastewater Treatment Plant which
provided valuable training to firefighters while minimizing the weed population. Staff hopes to
expand this program in areas where safety can be insured.
PARKS:
The Parks Division currently conducts a seasonal spray program consisting of the annual
or semi-annual application of the three primary herbicides noted earlier.
The current use of herbicides has been reduced significantly over the last 15 years.
Materials such as Simazine and Amitrol, were once widely used in the parks. These materials
were not only more toxic, but were often applied by boom sprayer utilizing non-certified and
often untrained personnel. While many of these more severe materials are still available for
use, the City of Ukiah has voluntarily chosen to eliminate them from our program. Boom
REPORT REGARDING USE OF HERBICIDES BY CITY OF UKIAH
OCTOBER 1, 1997
PAGE 3
spraying in the parks was eliminated approximately ten years ago in favor of the more selective
hand application, and a conscious effort was initiated to reduce the amounts of spray as
education regarding safety and materials increased. Since that time the Parks Division has
continued to implement a philosophy of application on a as needed basis only, with an overall
50% reduction of materials and costs. However, the more significant reduction statistic, in terms
of public safety, is the transition to safer, less toxic, over the counter materials, with non-
migratory properties.
Currently, the application is only to select areas with the intent of reducing labor in
otherwise significantly labor intense areas such as fence lines, along walls and buildings, park
fixtures, and planter areas. Approximately four-five gallons of "Roundup" and two-three gallons
of "Surflan' are used annually. All spray activities are conducted in the early morning hours,
prior to 7:00 a.m., providing a minimum of wind disbursal and allowing the appropriate reentry
period prior to use of the parks by the public. Material Safety Data Sheets (MSDS) are present
and available for public review at all times and on all locations where spraying is conducted.
Parks Staff readily reviews these sheets if and when a citizen inquires as to the material being
applied. Also no sprays are used in areas where there is general public activity such as lawns
or near playground areas.
Alternative means of weed control are continually being implemented to further reduce
usage such as application of bark, mulch, soil barriers including cloth and plastic, and increased
use of drip irrigation.
STREET MAINTENANCE:
The Street Division has a very limited herbicide spray program. Approximately 40 man
hours per year are dedicated to spot spraying a minimal area within the City twice a year. The
Division utilizes only "Roundup" applied to the surface of weeds and unwanted vegetation
during a plant's growing stage. Approximately five gallons of "Roundup" concentrate are used
per year.
The areas within the City where "Roundup" is used are the corridors of State Street and
portions of Gobbi Street from State Street to US 101, Perkins from State Street to Leslie Street,
Bush Street from Arlington Drive to Garrett, Smith Street and Standley Street from State Street
to Mason. The pedestrian path from Oak Manor School to Orchard Avenue is also treated with
Roundup. Roundup is sprayed in a continuous manner along the sidewalk edge and curb line
of Hastings Avenue.
The herbicide is either applied from a portable and towed chemical tank with motorized
compressor and spray wand or a small chemical hand pump sprayer with wand.
The majority of our weed problems occur along sidewalk, curb and gutter, and cracks in
asphalt concrete pavement which do not allow the use of a mower. Because of this, there are
only two feasible alternatives available to the Street Division which can replace the herbicide
program. These alternatives are mechanical removal with hand equipment, such as a
weedeater or a spade, and spot burning with a propane tank and wand.
Mechanical removal with hand equipment can eliminate the plant above the surface but
it will not remove or destroy the root system. It is estimated that the mechanical removal
alternative will require at least twice the man hour effort as that of the herbicide program,
REPORT REGARDING USE OF HERBICIDES BY CITY OF UKIAH
OCTOBER 1, 1997
PAGE 4
because of clean-up and removal of the cut vegetation. It is also possible that the treated areas
will require three visits per year instead of two treatments with the herbicide. Therefore, the
estimated man hour effort for the same level of work under the herbicide program is 80 to 120
hours. More time spent on weed removal means less time available for the other high priority
programs such as permanent pavement patching, crack sealing, sign maintenance and
replacement, pavement marking maintenance, maintenance of storm drainage facilities, and
personnel support for the landfill.
The spot burning of weeds would most likely destroy the root system of the unwanted
plant and would reduce the amount of vegetation clean-up, however, it is perceived that this
method of vegetation removal would not be acceptable to many individuals in our community.
SUMMARY
The present Citywide herbicide program has been significantly reduced and is strictly
regulated. These materials are only used in situations where hand work is ineffective and
inefficient. Though alternatives are available and being used where feasible, further, reduction
of herbicide use would result in labor intensive activities, unsightly vegetation buildup in
inaccessible areas, and increased material for disposal, and a significant decrease in fire safety
along the public rights-of-way. The City has decreased its use of herbicides by approximately
50% over the last eleven years and continues to seek alternative methods to herbicide control.
Only minimal risk materials are used and only trained and qualified personnel are assigned to
the herbicide programs.
mfh:asrcc97
1001 HERBICIDES
ITEM NO. 9c
DATE:OCTOBER 1, 1997
AGENDA SUMMARY REPORT
SUBJECT:
CONSIDER AND ACCEPT OFFER FROM SOLID WASTES SYSTEMS,
INC., FOR THE CONSTRUCTION AND OPERATION OF A GARBAGE
TRANSFER FACILITY AT THE TAYLOR DRIVE PROPERTY
Submitted for the City Council's consideration and acceptance is a written offer to
the City of Ukiah from Solid Wastes Systems, Inc., for the construction and
operation of a garbage transfer facility to be located on their Taylor Drive property.
This offer encompasses the offer made verbally to the City Council by Jim Salyers,
President of Solid Wastes Systems, Inc., at the Council meeting of September 17,
1997. This offer also contains some provisions and obligations desired by Mike
Sweeney, Manager of Mendocino Solid Waste Management Authority (MSWMA),
in the event that MSWMA forgoes its process for a Regional Transfer Station in
favor of a potential regional or sub-original facility under the sponsorship of the
City of Ukiah. This offer has been a collaborative effort and City Staff wishes to
express its appreciation to Mr. Sweeney and Paul Caylor for their assistance and
suggestions.
CONTINUED ON PAGE 2
RECOMMENDED ACTION: Accept the offer from Solid Wastes Systems, Inc., as
tendered and select a cost of living adjustment consisting of 75% of the CPI with
the fuel price adjustment factor.
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. Determine modification to the proposal are necessary, and provide direction
to Staff.
2. Determine proposal is inappropriate and take no action.
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
Mike Sweeney, Manager MSWMA
Attachments: 1. Offer from Solid Wastes Systems, Inc.
2. Correspondence from Mike Sweeney dated
September 25, 1997.
APPROVED:'~~
Candace Horsley, Citv~anager
R: 1 ~AND FILL:kk
ATRANSFER,2
Consider and Accept Offer from Solid Wastes Systems, Inc.,
for the Construction and Operation of a Garbage Transfer
Facility at the Taylor Drive Property
October 1, 1997
Page 2
Although the MSWMA Board has recently decided to continue with the second
Request for Proposals (RFP)which is based on a minimum waste flow of 79% of
the total waste flow within the County, they have extended the deadline for the
receipt of proposals from September 30, 1997 to November 3, 1997. This
extension accomplishes two things. First, it allows additional and needed time to
prepare complete proposals which was requested by the County and the City of
Willits. Second, it allows either a revision to the RFP's minimum refuse tonnage of
79% should the City accept Solid Wastes Systems, Inc., offer and the proposed
site plan on or about October 22, 1997 or the termination of MSWMA's RFP
process. Termination is dependant upon the Solid Wastes Systems, Inc., site plan
and contract provisions between the City and its hauler being acceptable to the
MSWMA Board and the City of Ukiah executing a companion agreement with
MSWMA or its members containing the provisions of Section 14 of the offer from
Solid Wastes Systems, Inc.
The provisions of the offer are summarized as follows:
.
The proposed term of the Facility Contract is 20 years from the date the
facility would be open for operation (on or about May, 1999).
1
The Facility Contract would require the extension of the Refuse Collection
Contract to the same termination date of the Facility Contract (the year of
2019). The current term of collection contract is March 31, 2007, if Solid
Wastes Systems, Inc., constructs the recycling facility and redemption
center pursuant to the provisions of the contract amendment executed on
May 9, 1997. The facility contract would therefore, extend the refuse
contract another 12 years.
,
The City of Ukiah would be required to direct all of its waste stream to the
facility. Current annual waste flow is 15,030 tons. However, the facility
will be open to all agencies, haulers, and the public within Mendocino
County.
The first year tipping fee would not exceed $46.00 per ton of refuse based
on a minimum waste flow of 15,030 tons per year and a construction
budget for the facility, equipment, and on-site and off-site improvements
that may be required by a Use Permit not exceeding approximately 110% of
~ 1,200,000.
Consider and Accept Offer from Solid Wastes Systems, Inc.,
for the Construction and Operation of a Garbage Transfer
Facility at the Taylor Drive Property
October 1, 1997
Page 3
.
The tipping fee consists of four cost components which are operating cost,
transportation cost, disposal cost, and construction cost.
The first three cost components are adjusted annually with a cost of living
adjustment consisting of 75% of the Consumer Price Index for all urban
customers, San Francisco- Oakland - San Jose, California as published by
the U. S. Bureau of Labor Statistics (CPI). In addition to the CPI adjustment,
the transportation cost component is adjusted by a fuel price adjustment
factor if the actual average annual fuel price paid by the contractor is 35%
above the CPI adjusted fuel price. The fuel price adjustment procedure is
performed and evaluated each year.
Two other cost of living adjustments alternatives have been provided for the
City's selection.
a.
Cost components for operation, transportation and disposal are
increased or decreased by a factor equal to 100% CPI without a fuel
price adjustment factor, or
b,
Cost components for operation, transportation and disposal are
increased or decreased by a factor equal to 75% CPI without a fuel
price adjustment factor if three of the four MSWMA members commit
to a 20 year agreement to direct their waste flow to the transfer
station.
Staff is recommending that the City select the 75% CPI plus the fuel
price adjustment factor. In no case shall the CPI adjustment exceed
5% for a single year.
The construction cost component may change over time according to
the tonnage of solid waste received at the transfer station. The
construction cost component will not exceed $7.86 per ton except for
conditions as explained in Item No. 4 above.
.
The contractor may, at his discretion, either charge self-haulers by weight at
the same weight fee charged the franchised haulers or by a volume based
fee per cubic yard calculated at 15% of the per ton fee plus 10% for
additional costs related to handling small loads. The 15% figure is derived
by dividing the average self-haul load weight of 300 pounds by the
Consider and Accept Offer from Solid Wastes Systems, Inc.,
for the Construction and Operation of a Garbage Transfer
Facility at the Taylor Drive Property
October 1, 1997
Page 4
estimated in place density of 1,200 pounds per cubic yard for landfilled
garbage. At the first year maximum per ton fee of $46.00 the volume
based fee would be $7.59 per cubic yard.
The fees currently paid for landfilled refuse, excluding the MSWMA surcharge, are:
Solid Wastes Systems (City of Ukiah)
Empire Waste (County within Ukiah Valley Service area)
Fort Bragg Disposal
Solid Waste of Willits
Self-haul loads
$57.00
$66.00
$64.50
$64.50
$11.90
.
The contractor shall accept at the transfer facility woodwaste, yardwaste,
tires, appliances, antifreeze, and oil filters on a fee basis and shall accept on
a free basis cans, glass, milk and juice cartons, foam padding, scrap metals,
and motor oil. The service fee for accepting fee based recyclables shall be
equal to the contractor's direct costs in the transportation of the item to the
processing facilities plus processing fees and a 10% markup for handling the
recyclables.
.
A rail haul option has been preserved and the City may at its discretion
specify that the rail haul option be used. The City shall compensate the
contractor for the additional costs by increasing or decreasing the
construction cost and transportation cost components accordingly.
.
The City may, at its sole discretion, take ownership of the transfer facility at
the termination of the 20 year contract upon payment of $1 to the
contractor. However, the City must either lease that portion of the real
property used to operate the facility or it may purchase fee title by paying
the contractor the 1997 assessed value of the land inflated at the same CPI
factor as the tipping fee.
10.
The City agrees to execute a companion agreement with MSWMA or its
member agencies to establish certain mutual rights. The proposed
provisions are found under Paragraph 14 of the offer.
Staff highly recommends that the City Council accept the offer from Solid Wastes
Systems, Inc., as tendered and select a cost of living adjustment consisting of
75% of the CPI with the fuel price adjustment factor.
RHK:kk
R: 1 ~LANDFILL
ATRANSFER.2
OFFER FOR CONSTRUCTION AND OPERATION AND SOLID WASTE
TRANSPORTATION AND DISPOSAL
Solid Waste Systems, Inc., a California Corporation, (hereinafter, ~Contractor") hereby offers to the City of
Ukiah (~City"), and states its commitment to enter into a Contract (~Transfer Station Contract") with the City
for the construction and operation of a solid waste transfer station at 3151 Taylor Drive, Ukiah, California, and
to transport and dispose of the solid waste received in accordance with the terms and conditions set forth
below. This Offer makes reference to a prospective contract between Contractor and the Uendocino Solid
Waste Management Authority signed by Contractor on April 10, 1997, which is referred to as the "MSWMA
Contract".
1. TRANSFER STATION SITE
The Transfer Station shall be located at 3151 Taylor Drive, Ukiah, on Assessor Parcel Number 184-140-13,
property presently owned by Northbay Corporation, an affiliated company of Solid Waste Systems, Inc. An
authorized representative of Northbay Corporation is co-signer of this Offer and consents to all its terms and
conditions.
2. TRANSFER STATION CAPACITY
The Transfer Station shall be designed as a top-load facility with on-the-floor crushing and compaction, with
adequate number of loading bays and with through-put capacity of at least 200 tons per day average and a
peak of 250 tons per day. The Transfer Station design shall include facilities for drop-off recycling for: PAY
ITEMS: wood waste, yard waste, tires, appliances, antifreeze, oil filters; and FREE ITEMS: cans, glass
bottles and jars, newspaper, corrugated cardboard, magazines, office paper, box board, plastic containers,
milk and juice cartons, foam padding, scrap metals, motor oil and any additional items for which a viable
recycling market is identified; and BUY-BACK ITEMS: California Redemption beverage containers. The
Transfer Station design shall additionally include a Re-use Facility where salvageable items such as doors,
windows, furniture, appliances, toys and tools may be donated by Self-Haulers and made available for give-
away or sale to others. Contractor will operate the Transfer Station in such a manner as to maximize waste
diversion. Transfer Station shall be open a minimum of six (6) days per week, for hours not less than 7 a.m.
to 4 p.m., except for New Year's Day, Thanksgiving and Christmas.
3. TRANSFER STATION DESIGN
Contractor shall prepare an engineered Site Plan for the Transfer Station and submit it to City for review and
approval within 20 days of the City Council's acceptance and approval of this offer. The Site Plan shall show
all buildings on the property, setbacks to property lines, all doorways, all driveways and entrances, scales,
all grades and slopes, recycling and re-use areas, building heights, and otherwise include sufficient detail for
the City to determine the level of convenience, safety and practicality of the Transfer Station design. The Site
Plan need not be in the same detail as construction drawings. The City may request any necessary changes
in the Site Plan. If, in the sole opinion of the City, an acceptable Site Plan is not provided, the City may
withdraw its acceptance of this Offer.
OFFER - PAGE 1
4. DISPOSAL OF SOLID WASTE
Contractor shall transport all solid waste received at the Transfer Station to the Potrero Hills Landfill, Suisun,
California, and shall obtain a subcontract with Potrero Hills Landfill, Inc., in substantially the same form as
the subcontract attached to the MSWMA Contract, which includes indemnification by Potrero Hills Landfill,
Inc. of the City and other users from all potential liabilities associated with the operation of the Landfill. The
subcontract shall assure that sufficient landfill capacity is available for the entire waste stream of Uendocino
County for the term of the Contract. Contractor and City may agree bilaterally to transport the solid waste
to another Subtitle D approved Landfill upon written agreement.
5. SERVICE AREA
The Transfer Station will be designed, built and operated to receive all solid waste generated within the City,
and any other solid waste generated in other parts of Uendocino County. City agrees that all solid waste
generated within the City shall be directed to the Transfer Station. No other local government jurisdiction
shall be required to direct its solid waste to the Transfer Station. No solid waste from outside Uendocino
County will be received at the Transfer Station without prior written consent of the City and the City shall not
unreasonably withhold its consent. Contractor shall identify and keep records of the jurisdiction of origin of
all solid waste received at the Transfer Station, and those records shall be available upon request to any such
jurisdictions or their agents.
6. COMPENSATION TO CONTRACTOR
Contractor shall collect Services Fees from users of the transfer station, and this shall constitute the sole
compensation 'to Contractor under the Transfer Station Contract. The maximum Service Fee that Contractor
may collect for solid waste shall be equal to the sum of four components:
A. Operating Cost Component. First year cost per ton shall be $5.22.
B. Transportation Cost Component. First year cost per ton shall be $13.92.
C. Disposal Cost Component. First year cost per ton shall be $19.00.
Cost components A, B, and C shall change only in accordance with the Cost of Living adjustment as set forth
herein. Cost component B shall also be adjusted for extra ordinary fuel price increases in accordance with
the procedure set forth in this offer if the City elects to choose the 75% of CPI plus fuel price adjustment
factor cost of living increase offered herein.
D,
Construction Cost Component, which shall be calculated as set forth herein and may change
over time according to the tonnage of solid waste received at the Transfer Station. The
Construction Cost Component shall never exceed $7.86 per ton.
The initial year Service Fee for solid waste, therefore, shall not exceed $46.00 per ton. Them shall be no
minimum figure for the Service Fee that Contractor may elect to charge under the Transfer Station Contract,
provided that the same Fee is charged to all users without discrimination.
OFFER- PAGE 2
7. COST-OF-LIVING ADJUSTMENT
On July 1,2000, and each July 1 thereafter, the Operating-Transport-Disposal Component of the Service Fee
will be increased or decreased by a factor equal to 75% of the percentage change in the Consumer Price
Index for all Urban Customers, San Francisco-Oakland-San Jose, California, All Items, as published by the
U.S. Bureau of Labor Statistics plus a fuel price adjustment as set forth herein. The City may elect at the
time it accepts and approves this offer to choose either of the following alternatives to the 75% CPI and fuel
price adjustment procedure of the cost of living adjustment:
Alternate No. One Cost of Living Adjustment:
Cost components A, B, and C are increased or decreased by a factor equal to 100% of the
Consumer Price Index defined above without a fuel price adjustment factor.
Alternate No. Two Cost of Livin.q Adiustment:
Cost components A, B, and C are increased or decreased by a factor equal to 75% of the Consumer
Price Index defined above without a fuel price adjustment factor if, and only if, three of the four
current MSWMA members commit to a 20 year agreement to direct their waste flow to the transfer
station.
In no case shall the CPI adjustment exceed 5% for a single year.
If the 75% CPI annual adjustment plus the fuel price adjustment option is selected by the City, then the
annual fuel price adjustment shall be as follows:
A fuel price base consisting of the price per gallon of fuel including taxes as of the 1st day of operation of
the transfer facility shall be established. At the end of each Facility anniversary, the annual CPI adjustment
shall be made to the fuel price base to establish an adjusted fuel price. An actual average fuel price
consisting of the annual average fuel price paid by Contractor for the closing year shall be established.
A fuel price adjustment will be made above the CPI adjusted fuel price if the actual average fuel price is 35%
above the CPI adjusted fuel price. The fuel price adjustment procedure is performed and evaluated each
year.
8. CONSTRUCTION COSTS
Contractor shall pay all costs necessary to design, permit and build the Transfer Station. For calculation of
the Construction Cost Component, allowable construction costs shall include permit application, engineering,
design, environmental review, site preparation, building, utility connection, off-site improvements and fixed
equipment acquisition and installation for the Transfer Station and associated recycling drop-off and reuse
areas. Allowable construction costs shall not include any costs associated with the recycling processing
building which was proposed by Contractor to City in 1997 and approved by City; nor shall construction costs
include acquisition of rolling stock of any kind. Contractor shall ensure that all expenditures for construction
costs shall be the lowest qualified costs available from the competitive market.
OFFER- PAGE 3
CALCULATION OF CONSTRUCTION COST COMPONENT
Upon completion of construction, Contractor shall present to City a final total of all construction costs. This
amount will be level-payment amortized over 20 years at an interest rate of 8.0% per annum, to calculate the
annual debt service. The Construction Cost Component will be set initially, and on July 1, 2000 and each
July 1 thereafter, by dividing the annual debt service by the projected solid waste tonnage to be received at
the Transfer Station. The projected solid waste tonnage shall be determined by Contractor who shall request
one-year use agreements with each prospective local government jurisdiction and/or hauler in Uendocino
County. The previous 12 months' waste generation of each participating jurisdiction or hauler shall be used
to project the upcoming year's tonnage. Appropriate adjustments in this method for determining the
Construction Cost Component shall be made by agreement of Contractor and City to accurately assess on
each ton of solid waste its fair share of the annual debt service, and to ensure that contractor is reimbursed
the actual annual debt service cost, and no more.
10. SELF-HAUL SERVICE FEE
Commercial franchise garbage haulers will be charged a Service Fee based on the weight of solid waste as
determined by Contractor's truck scales. Contractor may additionally charge any other customer by weight
at Contractor's discretion. Contractor may charge private, self-haul customers by the cubic yard of solid
waste, at a Self-Haul Service Fee per cubic yard to be calculated at .15 multiplied by the per-ton fee, plus
10% to reflect Contractor's additional costs in handling small loads.
11. RECYCLING CHARGES
Contractor may charge and collect fees, subject to prior written approval of the City, to recycle yard waste,
wood waste, appliances, tires, used oil filters and antifreeze, respectively, which shall be in amounts equal
to Contractor's Direct Costs of transporting such materials to processing facilities and paying processing fees
thereof plus 10% to reflect compensation to Contractor for handling these recyclables. If three of the four
current member agencies of MSWMA execute 20 year agreements with the Contractor which would obligate
the agencies to direct their waste stream to the transfer facility, the 10% compensation to the Contractor
added to the transportation costs and processing fees for the above recyclables shall be deducted from the
fee charged.
MSWMA shall have the option to provide refrigerant and oil removal from appliances received at the Transfer
Station at no cost to the Contractor.
12. LOAD CHECK HAZARDOUS WASTE
Contractor acknowledges that City currently provides household hazardous waste collection and the removal
of collected hazardous waste which have been removed from the waste stream through the load check
programs. This Offer assumes that the availability of MSWMA service for load check hazardous waste will
continue to be so provided without cost to Contractor, and in the event that the service is no longer available,
City will allow an addition to the Operating-Transport-Disposal Component of the Service Fee to reimburse
those additional costs.
OFFER- PAGE 4
13. SURCHARGES
Contractor shall collect any surcharge set by the City on solid waste generated within the City, and shall pay
the surcharge monthly to the City. Any other MSWMA member jurisdiction may direct that a surcharge,
including but not limited to the MSWMA surcharge, shall be collected and paid by Contractor on any solid
waste originating within that jurisdiction, PROVIDED that the same surcharge is collected on any other solid
waste generated within that jurisdiction, so that Contractor will not be put at a competitive disadvantage.
14. COMPANION AGREEMENT WITH MSWMA
Contractor acknowledges that, in coordination with acceptance of this Offer from Contractor, City desires to
execute a companion agreement with the Uendocino Solid Waste Management Authority to establish certain
mutual rights, including the following:
,
That the Transfer Station shall be available to all MSWMA member jurisdictions subject to
the same Transfer Station fees as the City of Ukiah, and that the City shall not agree to any
change in the contract with Contractor that shall abridge such right;
.
That all data, reports and information to be provided by Contractor to City of Ukiah pursuant
to the contracts which are relevant to MSWMA shall be equally available to MSWMA;
3. That the City of Ukiah shall enforce all rights available to it under the contract;
.
That any MSWMA member jurisdiction may direct that a surcharge, including but not limited
to the MSWMA surcharge, shall be collected and paid by Contractor on any solid waste
originating within that jurisdiction, PROVIDED that the same surcharge is collected on any
other solid waste generated within that jurisdiction, so that Contractor will not be put at a
competitive disadvantage; and provided further that City shall not agree to any change in the
contract with Contractor that shall abridge such right;
.
That MSWMA shall keep the property at 3401 N. State Street, Ukiah, available for
development as a transfer station in case that Contractor is unable, for any reason, to
implement this Offer. The North State Street property shall be available as a backup site
until the permit to construct the Taylor Drive facility is issued.
.
If requested by the Contractor, MSWMA shall assist in Contractor's permit application
process with the County of Uendocino, including environmental review.
.
In the event of dissolution of MSWMA or withdrawal from MSWMA by any member, the
rights afforded by the companion agreement shall transfer to the individual MSWMA
members.
15. RAIL HAUL OPTION
Upon preparation of the Site Plan, Contractor shall additionally determine if modification of the Site Plan for
rail haul is feasible, and, if so, shall immediately prepare and submit to City an Alternative Rail Haul Site Plan
together with proposed adjustments, if any, in the Operating-Transport-Disposal Component. Contractor shall
OFFER - PAGE 5
fully document any increases that would be required as a result of the change to the Site Plan. City may,
at its discretion, specify that the rail haul option will be used and City shall compensate Contractor for the
additional costs by increasing the Construction Cost and Transportation Cost Components accordingly.
16. AGENT FOR CITY
City may, at any time during the term of the contract, designate an agent to represent the City in enforcement
of its rights under the contract.
17. COUNTY USE PERMIT
Contractor acknowledges that construction of the Transfer Station may be contingent upon obtaining a Major
Use Permit from the County of Uendocino, and that the nature of any terms and conditions that might be
required as a condition of the Use Permit are unknown and cannot be anticipated. Contractor will apply for
the Use Permit immediately upon acceptance of this Offer by the City, and will diligently pursue the approval
process and environmental review. City acknowledges that the Contractor has established the maximum
amount of $7.86 per ton of refuse for the construction cost component on a maximum construction budget
of approximately $1,200,000 for the transfer facility. Contractor agrees to construct the transfer facility and
to perform on-site and off-site permit conditions that are customary and reasonable in cost, even in the event
that they may in total exceed the construction budget, without making any change in the maximum amount
of $7.86 per ton. The Contractor considers a reasonable cost overrun to be in the vicinity of 10% of the
construction budget. If permit conditions, and their costs, are unreasonable, City and Contractor may
negotiate a revision in the Capital Cost Component to amortize a higher level of total capital costs.
Contractor acknowledges that the City may, in its own discretion, cancel the contract with Contractor in the
event of the failure of County of Uendocino to issue a Use Permit for a Transfer Station that substantially
conforms to the Site Plan approved by the City.
18. CITY'S OPTION TO ASSUME TITLE AT CONCLUSION OF CONTRACT
At the end of the term of the contract, City may, at its sole discretion, take ownership of the transfer station
property and all its improvements upon payment of $1 to Contractor. However, the City must either lease
that portion of the real property used to operate the Transfer Station, or, at its option City may purchase fee
title to the facility real estate by paying Contractor the 1997 assessed value of the land inflated at the same
CPI factor as the tipping fee.
Contractor shall be obligated to adequately maintain the transfer facility during the term of the contract.
19. EXTENSION OF GARBAGE COLLECTION FRANCHISE CONTRACT TERM
As a condition of the Transfer Station Contract between Contractor and City, City shall extend the term of
the "Contract for Collection, Transportation and Disposal of Garbage, Refuse, and Rubbish, and Recycling
of Recyclable Materials from Within the City of Ukiah", to a date which coincides with the termination of the
Transfer Station Contract. It is agreed that should the Transfer Station Contract be terminated prior to its full
term, its termination shall not automatically terminate the Refuse Collection Contract.
OFFER- PAGE 6
20. OTHER TERMS AND CONDITIONS
Contractor acknowledges that this Offer does not specifically address all necessary terms and conditions in
a Transfer Station Contract with the City. Contractor agrees that provisions in the MSWMA Contract may
be incorporated (Substituting "City" for "MSWMA") at the discretion of the City, including, but not limited to,
those provisions that address Allocation of Risk & Uncontrollable Circumstances; Indemnification; Surety;
Assignment; Default; Insurance; Dispute Resolution; Termination; and General Provisions. The parties will
negotiate in good faith a written agreement incorporating the terms, although not necessarily the exact
wording of this offer as soon as possible.
21. START UP DATE
Contractor shall open the Transfer Station for operation upon the closure of the Ukiah Landfill. Contractor
shall be prepared to open Transfer Station on May 1, 1999. The City
shall notify the Contractor no later than June 1,1998 if it desires a later opening date for the transfer station.
22. TERM
The term of the Transfer Station Contract shall be 20 years from the date of first receipt of solid waste at the
Transfer Station.
this
of
Se
,~horiz"e"~epr~'sentative~°lid ¥ ~e Systems
Author-izOd Representative, Northbay Corporation'
, California.
Attest:
OFFER - PAGE 7
Mendocino Solid Waste
Management Authority
A Joint Powers Public Agency
....... I i, ----i,l,ll-. . lB, -- ' -- · .-- · II '
Michael E. Sweeney
General Manager
P.O. Box 123
Uklah, CA 95482
Telephone (707) 468-9710
Fax [707l 468.3877
. .
September 25, 1997
Rick Kennedy
Public Works Director
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
Dear Rick:
I would like to explain MSWMA's reasons for extending the return date on the new
Request for Proposals from October 7 to November 3.
The earlier, quick date was chosen specifically to allow a proposal to MSWMA from
Solid Wastes Systems for the Taylor Drive site to be received and acted on soon so
that the use permit process could begin.
However, the good progress shown in negotiations between the company and the City
of Ukiah indicated that a contract for the Taylor Drive site would most likely be written
with the City as the lead agency, not MSWMA. Therefore the need for MSWMA to rush
its RFP didn't seem to necessarily apply.
At the same time, MSWMA received comment from the County and Will,ts that they
believed that a longer response date was necessary.
Therefore, the MSWMA Board restructured our strategy to allow two simultaneous
channels:
1. If the process between Solid Wastes Systems and the City moves ahead and final
approval of a site plan occurs on or about October 21, then the MSWMA RFP can be
withdrawn,
2. Otherwise, the new RFP will remain active and proposals will be received on
November 3 for development of a transfer station either at 3401 N. State Street or any
other suitable site.
I hope this provides the clearest possible explanation of what has occurred· it isn't the
perfect scenario, but we are doing the best we can.
Since,,rp~y,
Mid'ney
.o.
02-08-1995 O?:I~AM ~ROM
Michael E. Sweeney
MSWMA
P.O. Box 123
Uki.ah~ CA 95482
TO
Solid Waste Systems, Inc.
P.O. Box 60
Ukiah, CA 95482
46~6204 P. 01
9/2~/97
Dear Mike.'
We appreciate being provided a copy of the most recent RFP being let
MSWMA for a solid waste transfer facility. Solid Waste Systems, Inc. is presestlY
negotiating with the City of Ukiah to build a Transfer Station/Recycling Proce~ sing Center
at our Taylo~ Drive location. Our focus is entirely on building a facility on Taylor, Drive
and we do not intend to submit a response to the MSWMA RFP. We feel ever, ,one
involved will:be best served by our negotiations with the City being successful .md
proce~g quickly with the Taylor Drive project.
Thank you for your cooperation through this entire process. If you have any
questions please don't hesitate to give me a call.
MSWMA Board
C. Horsley, Ukiah City Mgr.
Uldah City Council
P. ' Caylor, Co. Solid Waste Mgr.
Mendocino Co. Board of Supervisors
cC;
Sincerely,
From: PATRICK MCALLISTER PATRICK ASSOCIATES Fax: 70T-463~465 PATRICK MCALLISTER Page 2 of 3 Wednesday, October01, 1997 3:10:56 PM TO: HORSLEWCOUNCIL
October 1, 1997
To:
Bruce Burton, Vice Chair
Mendocino Solid Waste Management Authority (MSWMA)
From
Patrick McAllister
North Forks hnprovement Group (NFIG)
Dear Bruce,
As per our conversations of the past two days, the NFIG would like to be made aware of
how the MSWMA board intends to deal with the recent untruthful and misleading
statements in file letter fi'om Mr. Sweeney to Supe~wisor John Pinches dated 9-24-97. A
review of the video tape of the Fort Bragg city council meeting in question clearly shows
that Jim Salyers of Solid Waste Systems (SWS) did not address the council, and therefore
not file subject, as contended by Mr. Sweeney. Mr. Salyers can confirm his absence on fl~e
tape when he returns from vacation next week.
Your comment that perhaps it was not the meeting of 9-15-97 but possibly an earlier
meeting at which Mr. Salyers made the statements is not acceptable, because the only
other meetings at which the proposals were discussed were those of 5-27-97 and 6-23-97.
For Mr. Salyers to have referred in those meetings to his counsel's statements, made in a
letter dated 9-2-97, would have required psychic powers that are not likely available to
Mr. Salyers.
What exactly are Mr. Sweeney's transgressions relative to this matter?
A letter from SWS's attomey profoundly advising against construction at 3401 N.
State Street, made available to Mr. Sweeney 9-10-97 tbr the obvious purpose of
making it public, was not only wiflflleld by Mr. Sweeney i?om the public, but also
from his o~vn board.
In a letter addressed to SWS 9-11-97 Mr. Sweeney responded to the attorney's
admonition to SWS with an argument tbr going ahead with development in the
face of the NFIG law suit; the argument purported to be the probable legal opinion
of tile absent Frank Zotter, MSWMA's attorney. In this process Mr. Sweeney not
only ihiled to seek the approval of his board for the opinions and statements in his
letter, but even failed to make his board aware of the letter. The MSWMA board and
the public were finally allowed to share these two letters, the attorney's admonition to
SWS and Mr. Sweeney's counter argument, on 9-24-97, two weeks after the fact.
After Sup. Pinches became aware on 9-23-97 of the attorney's advice to SWS, and
after he insisted on public disclosure of the attorney's letter, Mr. Sweeney advised
Sup. Pinches, the Board of Supe~wisors, the NFIG, and his own MSWMA board,
in his letter of 9-24-97 to Sup. Pinches, that Mr. Salyers of SWS publicly stated
at the Fort Bragg city council meeting of9-15-97 that SWS "rejected fl~e
From: PATRICK MCALLISTER PATRICK ASSOCIATES Fax: 707'-463-0465
PATRICK MCALLISTER Page 3 of 3
We(~ne$clay, October01, I~I~T ;~:12:09 PM TO: HOIRSLEYICOUNC;IL
attorney's advice", and "~vas willing to proceed with the contract to build at 3401
N. State Street" (see paragraph 1).
One can speculate, with a very high probability of accuracy, why Mr. Sweeney
transgressed as he did. However, the NFIG does not feel that it is appropriate for it to
impose its opinion on your board. Rather, the responsibili .ty of fi~ll investigation of this
matter, and others lhat may be disclosed as a result, and lhe conclusions and appropriate
aclions are yours. This is a serious mailer involving the public h'ust: public officials must
be held to the highest standard or no stmldard at all.
If the M SWMA board finds that investigation of this matter, and others that may be
disclosed as a result, is not within its mandate, or that the matter does not warrant
investigation and public disclosure, perhaps another agency of govenunent could more
appropriately take on the task.
Please advise if you have any questions.
Solid Waste Systems, Inc.
P.O. Box 60
Ukiah, CA 95482
Michael E. Sweeney
MSWMA
P.O. Box 123
Ukiah, CA 95482
9/26/97
Dear Mike:
We appreciate being provided a copy of the most recent RFP being let by
MSWMA for a solid waste transfer facility. Solid Waste Systems, Inc. is presently
negotiating with the City of Ukiah to build a Transfer Station/Recycling Processing Center
at our Taylor Drive location. Our focus is entirely on building a facility on Taylor Drive
and we do not intend to submit a response to the MSWMA RFP. We feel everyone
involved will be best served by our negotiations with the City being successful and
proceeding quickly with the Taylor Drive project.
Thank you for your cooperation through this entire process. If you have any
questions please don't hesitate to give me a call.
CC:
MSWMA Board
C. Horsley, Ukiah City Mgr.
Ukiah City Council
P. Caylor, Co. Solid Waste Mgr.
Mendocino Co. Board of Supervisors
Sincerely,
rs
From: PATRICK MCALLISTER PATRICK ASSOCIATES Fax: 707.463~4165
PATRICK MCALLISTER Page 2 of 3
Weelneaclay, October01,1997 3:10:56 PM :1'o: HORSLEYICOUNCIL
Oclober 1, 1997
To:
Brace Burton, Vice Chair
Mendocino Solid Waste Management Authority (MSWMA)
From
Patrick McAllister
North Forks Improvement Group (NFIG)
Dear Brtlce,
As per our conversations of the past two days, the NFIG would like to be made aware of
how the MSWMA board intends to deal with the recent untruthful and misleading
statements in the letter from Mr. Sweeney to Supervisor Jolm Pinches dated 9-24-97. A
review of the video tape of the Fort Bragg cit3,' council meeting in question clearly shows
that Jim Salyers of Solid Waste Systems (SWS) did not address the council, and therefore
not the subject, as contended by Mr. Sweeney. Mr. Salyers can confirm his absence on the
tape when lie returns from vacation next week.
Your comment that pefllaps it was not the meeting of 9-15-97 but possibly an earlier
meeting at which Mr. Salyers made the statements is not acceptable, because the only
other meetings at which the proposals were discussed were those of 5-27-97 and 6-23-97.
For Mr. Salvers to have referred in those meetings to his counsel's statements, made in a
letter dated 9-2-97, would have required psychic powers that are not likely available to
Mr. Salyers.
What exactly are Mr. Sweeney's transgressions relative to this matter?
A letter from SWS's attorney profoundly advising against construction at 3401 N.
State Street, made available to Mr. Sweeney 9-10-97 for the obvious purpose of
making it public, was not only witiflleld by Mr. Sweeney from the public, but also
from his own board.
In a letter addressed to SWS 9-11-97 Mr. Sweeney responded to the attomey's
admonition to SWS with an argument for going ahead with development in the
face of the NFIG law suit; the argument purported to be the probable legal opinion
of the absent Frank Zotter, MSWMA's attorney. In this process Mr. Sweeney not
only failed to seek the approval of his board for the opinions and statements in his
letter, but even failed to make his board aware of the letter. The MSWMA board and
the public were finally allowed to share these two letters, the attomey's admonition to
SWS and Mr. Sweeney's counter argument, on 9-24-97, two weeks after the fact.
After Sup. Pinches became aware on 9-23-97 of the attorney's advice to SWS, and
after lie insisted on public disclosure of the attorney's letter, Mr. Sweeney advised
Sup. Pinches, the Board of Supervisors, the NFIG, and his own MSWMA board.
in his letler of 9-24-97 Io Sup. Pinches, that Mr. Salyers of SWS publicly slated
at the Fort Bragg city council meeting of 9-15-97 that SWS "rejected the
TONS OF REFUSE
(ESTIMATED)
SOLID WASTE SYSTEMS, INC.
TAYLOR AVE. TRANSFER STATION OFFER
ANALYSIS OF FIRST YEAR RATES
PER TON
CITY OF ADD ADD ADD ADD
UKIAH UKIAH REST OF CITY OF CITY OF
ONLY VALLEY COUNTY WILLITS FORT BRAGG
15,030 12,060 12,505 4,234 5,873
·
COSTS PER TON
OPERATING $5.22 $5.22 $5.22
TRANSPORTATION 13.92 13.92 13.92
DISPOSAL 19.00 19.00 19.00
SUBTOTAL
TOTAL
FACILITY
RATE
49,702
38.14 38.14 38.14
$5.22 $5.22
13.92 13.92
19.00 19.00
38.14 38.14
7.86 4.36 2.98 2.70 2.38
$46.00 $42.50 $41.12 $40.84 $40.52
FACILITY:
PROJECTED COSTS
INTEREST RATE
TERM (YEARS)
ANNUAL PAYMENT
$1,176,892
8.00%
20
$118~128
TONS OF REFUSE
(ESTIMATED)
SOLID WASTE SYSTEMS, INC.
TAYLOR AVE. TRANSFER STATION OFFER
ANALYSIS OF FIRST YEAR RATES
PER TON
CITY OF ADD ADD ADD ADD
UKIAH UKIAH REST OF CITY OF CITY OF
ONLY VALLEY COUNTY WILLITS FORT BRAGG
15,030 12,060 12,505 4,234 5,873
COSTS PER TON
OPERATING $5.22 $5.22 $5.22 $5.22 $5.22
TRANSPORTATION 13.92 13.92 13.92 13.92 13.92
DISPOSAL 19.00 19.00 19.00 19.00 19.00
SUBTOTAL
FACILITY
RATE
38.14 38.14 38.14 38.14 38.14
7.86 5.56 3.80 3.44 3.03
$46.00 $43.70 $41.94 $41.58 $41.17
TOTAL
49,702
FACILITY:
PROJECTED COSTS
INTEREST RATE
TERM (YEARS)
ANNUAL PAYMENT
$1,500,000
8.O0%
20
$150,559
SOLID WASTE SYSTEMS, INC.
TAYLOR AVE. TRANSFER STATION OFFER
ANALYSIS OF FIRST YEAR RATES
PER TON
CITY OF ADD ADD ADD ADD
UKIAH UKIAH REST OF CITY OF CITY OF
ONLY VALLEY COUNTY WILLITS FORT BRAGG
TOTAL
TONS OF REFUSE
(ESTIMATED)
15,030 12,060 12,505 4,234 5,873
COSTS PER TON
OPERATING $5.22 $5.22 $5.22 $5.22 $5.22
TRANSPORTATION 13 · 92 13 · 92 13.92 13.92 13 · 92
DISPOSAL 19 · 00 19 · 00 19.00 19 · 00 19.00
SUBTOTAL
FACILITY
RATE
38.14 38.14 38.14 38.14 38.14
7.86 7.41 5.07 4.58 4.04
$46.00 $45.55 $43.21 $42.72 $42.18
49,702
FACILITY:
PROJECTED COSTS
INTEREST RATE
TERM (YEARS)
ANNUAL PAYMENT
$2,000,000
8.00%
20
$200,746
Richard Shoemaker
710 Willow Avenue
Ukiah, CA 95482
October 1, 1997
Ukiah City Council
300 Seminary Avenue
Ukiah, CA 95482
Dear Council Members:
I think that your staff deserves credit for responding to what
looked like an urgent situation regarding a transfer station.
They were beginning to feel like there was no time left and we had
run out of choices.
However, the new decision to haul the Waste Management "pods"
directly to Potrero Hills Landfill will extend the life of the
Ukiah Landfill by about five months, from May 1, 1999 to October
1, 1999. This gives more time to make sure that we have the best
deal for the public.
There are six areas that could be improved in the Solid Wastes
Systems offer:
1. PROVIDE A SITE PLAN
Without a site plan, the City is flying blind in considering this
offer. The costs of preparing a fully-dimensioned site plan are
insignificant in comparison to the importance of this proposal to
the company and to the public. You wouldn't allow an applicant
for city permits to not furnish a site plan.
The continued absence of a site plan, despite so many requests, is
cause for concern that there might be some real problems in
fitting a satisfactory facility onto the Taylor Drive parcel.
(1)
Will recycling and reuse areas be squeezed down to nothing? Will
there be unsafe traffic conflicts between large trucks and small
private vehicles? We need to know now, not when it is too late.
2. IS RAIL HAUL POSSIBLE?
The offer is based on truck haul. The offer has some non-
committal language about rail haul. The company will notify the
City at some future date whether it thinks rail haul is feasible,
and at what cost. I think that Solid wastes Systems can do
better, especially considering that the company gave MSWMAa
detailed rail haul proposal. The site design for rail haul and
the costs should be provided now, so the City Council can evaluate
them up front.
3. ANTICIPATED WASTESTREAM
Under the offer, the company would receive an assurance of waste
from only the City of Ukiah (12,700 tons per year). But it's
obvious that a much larger wastestream can be committed to the
transfer station by the County of Mendocino. Potentially, the
County's entire 27,000 tons could be committed. At a minimum, the
15,000 tons generated in the Ukiah outskirts can be committed.
There is no good reason that I know of why the company can't
factor in this larger wastestream and therefore offer better terms
and conditions overall, including stating the rates if other
wastestreams are committed.
CONTRACT TERM
Twenty years is a very long time for local governments to set up
.
an exclusive private monopoly of this kind. Out of the MSWMA
process, there was considerable opposition voiced to a proposed
20-year term, and it was put forward reluctantly only as a way to
spread out the amortization of the relatively high capital cost
for the proposed facility. The big potential advantage of Taylor
(2)
Drive would be lower capital costs. This should make it possible
for shorter contract term of 10 years, and the company should be
asked to address this alternative.
5. CONSUMER PRICE INDEX ADJUSTMENT
In a 20-year contract, the initial tipping fee is only part of the
story. It's the annual Consumer Price Index adjustment that
determines how much the tipping fee will go up each and every
year. In the MSWMA contract with Solid wastes Systems, there was
a flat 75% of the CPI increase to be added on each year. But in
the current offer, there is 100% of the CPI increase, OR 75% plus
a "fuel price adjustment." The company will accept either one, so
we can only assume that their long-term effect is roughly
equivalent, although no long-term analysis has been provided. The
difference between the two could total millions of dollars over
the contract term.
For a long-term contract, we have an important obligation to
control future escalation of the price. If a flat 75% of CPI was
good enough for the MSWMAcontract, I don't understand why it
isn't good enough now.
6. CITY GARBAGE COLLECTION FRANCHISE EXTENSION
There is no legitimate connection between the transfer station
~ and the garbage collection contract. Giving the company
a 12-year extension of the garbage collection contract is a gift
of great value, worth possibly millions of dollars. It protects
the company from any pressure of the competitive marketplace until
the year 2019. This won't benefit Ukiah's citizens and can only
cost them more.
(3)
WHAT TO DO?
By exploring the possibility of a Taylor Drive transfer station,
the City has made a big contribution to hammering out the ultimate
solution to the solid waste disposal issue. But we're not done
until we're sure that we've got the best possible contract that's
available.
I suggest that the City Council sincerely thank all concerned for
the progress to date, and send this offer back to the negotiating
table with the following requests:
1. Provide a 10-year contract term alternative.
2. Provide truck haul and rail haul site plans.
3. Provide rail haul pricing.
4. Base new offer on County wasteflow commitment for (a) Ukiah
area waste or (b) all County waste.
5. Delete fuel price adjustment and provide simple 75% of CPI
6. Delete any lengthening of city garbage collection franchise
term.
Thanks for your time and consideration, and welcome to the garbage
· issue.
Richard Shoemaker
(4)
CONTRACT COMPARISONS
Effect on city
garbage collection
franchise
Landfill destination
Mode of
transportation
Transfer station
location
Transfer station
ownership
Transfer station
financing
Transfer station size
Initial year tipping
fee
Inflation escalator
Contract term
Right to assume
capital costs
Recycling charges
Wasteflow commitments
Contract
administration costs
Solid Wastes Systems
Offer to Ukiah
Sept. 26, 1997
12 year extension
Potrero Hills
Landfill
Truck haul
3151 Taylor Drive
Company, with City
option to buy at end
Company
Net approximately 3
acres
Cap of $46, unless
off-site capital costs
exceed $120,000
100% of CPI change,
or, 75% of CPI change
plus fuel price
escalator
20 years
None
Actual costs + 10%
profit
City of Ukiah
Paid by City of Ukiah
only
Solid Wastes Systems
Contract with MSWMA
May ir 1997
No effect
Potrero Hills
Landfill
Railhaul
3401 N. State Street
MSWMA
Company
9 acres available, 6
to be used initially
$52.01, or less if
capital costs amount to
than $4.1 million and
$1.38 less if Humboldt
County chooses same
landfill.
75% of CPI change
20 years, with option
of 10 year term with
buy-out of remaining
unamortized capital
costs
Option to assume
unamortized capital
costs at any time,
and eliminate capital
cost component of
tiDDin~ fee
Actual costs only
All MSWMA members
MSWMA
COMPARISON OF INFLATION OF
OPERATING-TRANSPORT- DISPOSAL
TIPPING FEE
INDEX (CPI)
AT DIFFERENT
PERCENTAGES
COMPONENT OF
CONSUMER PRI CE
C~I rises CPI rises CPI rises CPI rises cPI rises cPI ris~s
3% Der 3% per 4% per 4% Der 5% per 5% per
year, year, year, year, year, year,
escalator escalator escalator escalator escalator escalator
is 75% of is 100% is 75% of is 100% is 75% of is 100%
cPI of cPI cPI of cPI cPI of cPI
YEAR
1 38'. 1'2 '38.12 38.12 38.12 38.12 38.12
, ,
2 38.97 39.26 39.26 39.64 39.54 40.02
,
3 39.85 40.44 40.44 41.23 41.03 42.02
, ,,
4 40.75 41.65 41.65 42.87 42.57 44.12
5 41.'66 42.90 42.90 44.59 44.16 46 .33
6 42.60 44.19 44.19 46.37 45.82 48.65
,,
7 '' 43".56 45.51 45.51 48.23 47.54 51.08
8 44.54 46.88 46.88 50.16 49.32 53.63
9 ' 45.54 48.28 48.28 52.16 51.17 56.32,
,
10 46.57 49.73 49.73 54.25 53· 09 59 · 13
11 47.61 51.23 51.23 56.42 55.08 62.09
12 48.69 52.76 52.76 58.68 57.15 65.19
13 49.78 54.35 54.35 61.03 59.29 68.45
14 50.90 55.98 55.98 63.47 61.51 71.88
15 52.05 57.65 5~ .65 66.01 63.82 75.47.
, ,
16 53.22 59.38 59.38 68.65 66.21 79.24
17 54.42 61.17 61.17 71.39 68.70 83.21
,
18 55.64 63.00 i63.00 74.25 i 71.27 87.37
19 56.89 64.89 64.89 77.22 73.95 91.74
,
20 58.17 66184 66.84 80.31 76'.72 96.32
Average
over 20 47.48 51.21 51.21 56.75 55.30 63.02
years ....... ,
THE ABOVE CHART ONLY REPRESENTS OPERATING-TRANSPORT-
DISPOSAL COMPONENT. TO CALCULATE TIPPING FEE, ADD THE
OPERATING-TRANSPORT-DISPOSAL COMPONENT TO THE CAPITAL COST
COMPONENT. INFLATION ESCALATOR DOES NOT APPLY TO CAPITAL
COST COMPONENT.
ITEM NO. 10a
DATE: October 1, 1997
AGENDA SUMMARY REPORT
SUBJECT: REVIEW OF PROPOSED LEAGUE OF CALIFORNIA CITIES' RESOLUTIONS
Attached for review is the League of California Cities' transmittal of the Annual Conference
Resolutions. Council is asked to view each of the resolutions and determine the City's position on
each item. Councilmember Mastin, acting as the City representative, would then vote on your behalf
at the Annual Conference. The League will take the direction established by California cities in these
resolutions to the next session of the State Legislature.
Staff has reviewed the resolutions and will be prepared to offer thoughts and recommendations on
each of the proposals at the City Council meeting.
RECOMMENDED ACTION:
develop the City's position
Councilmember Mastin.
Review League of California Cities' proposed policy resolutions and
relative to each for direction to the Council's voting delegate,
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. Determine Councilmember Mastin should vote as an individual, review the resolutions, but
take no formal action.
2. Determine no action is desired and do not review the proposals.
Appropriation Requested: N/A
Citizen Advised: N/A
Requested by: League of California Cities
Prepared by: Karen Yoast, Executive Assistant
Coordinated with: Candace Horsley, City Manager
Attachments: 1. Transmittal of Annual Conference Resolutions
APPROVED:'
4/Can:ASRRes
September 12, 1997
TH E I. EAGU E'5
$ E~CO N D H U N DR ED YEARS
TO:
MAYORS AND CITY MANAGERS
MEMBERS OF THE LEAGUE BOARD OF
DIRECTORS
MEMBERS OF LEAGUE POLICY
COMMITTEES
MEMBERS OF GENERAL
RESOLUTIONS COMMITTEE
Note to City_ Managers and City Clerks: Please make immediate distribution to the mayor and to
other city officials planning to attend the 1997 Annual Conference. If additional copies are
required, we urge you to reproduce them in your city. Additional copies are not available from the
League, but copies will be available at the Conference.
RE: TRANSMITTAL OF ANNUAL CONFERENCE RESOLUTIONS
This packet contains:
I. Information and Procedure
II. Guidelines for Annual Conference Resolutions
III.
IV.
Vo
VI.
Location of Meetings
Membership of General Resolutions Committee
Preliminary History of Resolutions
Annual Conference Resolutions
PLEASE BRING THIS PACKET WITH YOU TO THE ANNUAL CONFERENCE - - -~ October 12-14, 1997 -- San Francisco - -~ -~
LEAGUE OF CALIFORNIA CITIES
I. INFORMATION AND PROCEDURE
Resolutions Contained in this Packet. The
League Bylaws provide that resolutions shall be
referred by the President to an appropriate
policy committee for review and
recommendation. Resolutions with committee
recommendations shall then be referred to the
General Resolutions Committee at the Annual
Conference.
This year 25 resolutions have been presented for
consideration by the Annual Conference and
referred to the League policy committees. Each
of the policy committees met August 28 or 29 to
review proposed resolutions and to formulate
preliminary recommendations prior to the
Annual Conference. The sponsors of the
resolutions were notified of the time and place
of those meetings.
This packet contains a copy of all resolutions
that have been received and assigned to policy
committees. The source of the resolutions, the
policy committees to which they were assigned,
and the preliminary recommendations of the
policy committees to the General Resolutions
Committee are indicated. The recommended
actions reported in this packet are preliminary_.
Consideration of Resolutions at Conference...
Another meeting of policy committees will be
held at the Annual Conference on Sunday,
October 12. The location for each of these
meetings is shown on page iv. During these
hearings, any city official wishing to discuss
any resolution will have an opportunity to
address the policy committee concerned.
The General Resolutions Committee will
meet at 1:30 p.m. on Monday, October 13, in
the Moscone Convention Center, to consider
the reports of the policy committees. The
Committee includes at least one representative
of each of the League's regional divisions,
functional departments, and standing policy
committees.
The General Assembly will convene at
9:30 a.m. on Tuesday, October 14, during the
Annual Business Meeting in the Moscone
Convention Center to consider the report of the
General Resolutions Committee.
Resolutions approved by the General
Resolutions Committee and submitted to the
General Assembly will retain the numbers
assigned to them in this document.
Initiative Resolutions. For those issues that
develop after the normal 60-day deadline, a
resolution may be introduced with a petition
signed by designated voting delegates of 10
percent of all member cities (47 valid signatures
required) and presented to the President of the
League no later than 24 hours prior to the time
set for convening the Annual Business Session
of the General Assembly. This year, the
deadline is Monday, October 13, 1997,
9:30 a.m. If the Parliamentarian finds that a
petitioned resolution is substantially similar in
substance to a resolution already under
consideration, the petitioned resolution will be
disqualified.
Any questions concerning the resolutions
procedure should be directed to Marian Avila in
the Sacramento office of the League,
(916) 658-8224.
Ronald Bates, President
League of California Cities
Mayor Pro Tem, Los Alamitos
II. GUIDELINES FOR ANNUAL CONFERENCE RESOLUTIONS
Policy development is a vital and ongoing process within the League. The principal means for
deciding policy on the important issues facing cities and the League is through the standing policy
committees and the Board of Directors. The process allows for timely consideration of issues in a
changing environment and assures broad city officials the opportunity to both initiate and influence
policy decisions.
This influence may be exercised directly through participation as a policy committee member or as
a city official visiting a committee meeting to advance a position on an issue under the committee's
purview. If committee membership or personal attendance is not feasible, city officials may affect
policy decisions indirectly through department or division representatives on the policy committees
or the Board of Directors.
Annual Conference resolutions constitute an additional process for developing League policies. It
is recommended that resolutions adhere to the following criteria.
Guidelines for Annual Conference Resolutions
1. The issue addressed in the resolution has a direct relation to municipal affairs.
2. The issue is not of a purely local or regional concern.
3. Generally, the recommended policy should not restate existing League policy.
4. The resolution should be directed at achieving one of the following objectives:
(a) Focus public or media attention on an issue of major importance to cities.
(b)
Establish a general direction for the League by setting forth general principles
around which more detailed policies may be developed by the policy committees
and Board of Directors.
(c)
Consider important issues not adequately addressed by the policy committees and
Board of Directors.
(d)
Amend the League Bylaws. Resolutions to amend the League bylaws will require a
two-thirds vote by the General Assembly for approval.
iii
III. LOCATION OF MEETINGS
Policy Committee meetings will be as follows:
Sunday, October 12, 1997 - 9 a.m. and 10:30 a.m.
Moscone Convention Center- Esplanade Ballroom
Policy Committee
Time
Housing, Comm. & Econ. Development
Public Safety
Revenue and Taxation
Administrative Services
Community Services
Environmental Quality
Transp., Communications & Public Works
9 a.m.
9 a.m.
10:30 a.m
10:30 a.m.
10:30 a.m
10:30 a.m.
[NOTE: The Employee Relations Policy Committee will not.. be meeting at the Annual Conference.
The committee had no assigned resolutions, and completed all outstanding business at their August
meeting. 1
General Resolutions Committee
Room #102 - Moscone Convention Center
(Monday, October 13, 1997 at 1:30 p.m.)
General Assembly at the Annual Business Meeting
Room #102 - Moscone Convention Center
(Tuesday, October 14, 1997, at 9:30 a.m.)
IV. GENERAL RESOLUTIONS COMMITTEE
League of California Cities
99th Annual Conference - San Francisco, October 12-14, 1997
Chair:
Vice Chair:
Carolyn Ratto, Council Member, Turlock
John Ferraro, Council President, Los Angeles
Deborah Acosta, City Manager, Pleasanton
Richard Alarcon, Council Member, Los Angeles
Art Armendariz, Council Member, Delano
Steve Apodaca, Council Member, San Clemente
Jim Bagley, Council Member, Twentynine Palms
Bob Bartlett, Mayor, Monrovia
Connie Beardsley, Manager-Arts Office, Carlsbad
Robert Booth, City Attorney, Los Altos
Irwin Bornstein, Director of Administrative
Services/Treasurer, Mission Viejo
Arthur Brown, Mayor, Buena Park
Margaret Clark, Council Member, Rosemead
Rosemary Corbin, Mayor, Richmond
Marge Cromer, Council Member, Yucca Valley
Becky Dennis, Council Member, Pleasanton
Jack Dunam, Council Member, El Centro
Molly Erickson, Planning Comm., Monterey
Patricia Figueroa, Council Member, Mtn. View
Andrew Fox, Council Member, Thousand Oaks
Lee Ann Garcia, Council Member, Grand Terrace
Maxine Gonsalves, Mayor, Pacifica
Joe Grebmeier, Council Member, King City
Garland Hardeman, Council Member, Inglewood
Steve Hayman, Personnel Svcs Dir., Costa Mesa
Sandra Hilliard, Council Member, Yuba City
Norma Jellison, Mayor, E1 Cerrito
Terry Johnson, Council Member, Oceanside
Helen Kawagoe, City Clerk, Carson
Richard Kelly, Mayor, Palm Desert
Craig Lake, Council Member, Lemon Grove
Sue Lempert, Deputy Mayor, San Mateo
John Leonard, Council Member, Mill Valley
Patricia McGuigan, Council Member, Santa Ana
Art Madrid, Mayor, La Mesa
Rosario Marin, Council Member, Huntington Park
Edward Marshall, Public Works Dir., Mill Valley
Jere Melo, Council Member, Fort Bragg
Willie McDonald, Fire Chief, San Mateo
Judy Nadler, Mayor, Santa Clara
Phil Nyberg, Mayor, Fortuna
Kevin O'Rourke, City Manager, Fairfield
Phillip Pennino, Mayor, Lodi
Charlotte Powers, Council Member, San Jose
Richard Propster, Chief of Police, Gardena
Don Sanders, Council Member, Colton
Bill Statler, Finance Director, San Luis Obispo
Barbara Sullivan, Mayor Pro Tem, Merced
James Thalman, Mayor, Chino Hills
Jack Tingstrom, Mayor, Ventura
Larry Todd, Police Chief, Los Gatos, Monte
Serreno
Sam Torres, Council Member, Perris
Vicki Vidak-Martinez, Mayor Pro Tem, Rohnert
Park
Toni Young, Council Member, Port Hueneme
g:\legisltv\policy\acres\grc97.doc
V. PRELIMINARY HISTORY OF RESOLUTIONS
Resolutions have been grouped by policy committees to which they have been assigned.
KEY TO REVIEWING BODIES
KEY TO ACTIONS TAKEN
1. Policy Committee - Preliminary
A - Approve
2. Policy Committee - Final
D - Disapprove
3. General Resolutions Committee
N - No Action
4. General Assembly
Action Footnotes
* Subject matter covered in another resolution
** Policy Committee will make final
recommendation at October 12 meeting
R~
Refer to appropriate policy committee
for study
a - Amend
Aa-
Approve as amended
Approve with additional amendment(s)
*** Existing League policy
Ra- Amend and refer as amended to
appropriate policy committee for study
**** Local authority presently exists
Raa- Additional amendments and refer
Da- Amend (for clarity or brevity) and
Disapprove
Na - Amend (for clarity or brevity) and take
No Action
W- Withdrawn by sponsor
[Note: Only those resolutions with an approve
recommendation from the General Resolutions
Committee and all qualified petitioned
resolutions are reported on the floor of the
General Assembly.l
Number
Key Word Index
Reviewing Body Action
COMMITTEE ON ADMINISTRATIVE SERVICES
1 2 3 4
1 Election of Policy Committee Chairs and Vice Chairs D
2 Open and Equal Participation on All Resolutions at
Annual Conference D
COMMITTEE ON COMMUNITY SERVICES
3 Drug Free Zones Aa
4 State Funding for the Arts Aa
5 Transitional Housing for Elder Abuse Victims **
COMMITTEE ON EMPLOYEE RELATIONS
[Note: No resolutions were referred to the Committee on Employee Relations]
COMMITTEE ON ENVIRONMENTAL QUALITY
6 Solid Waste Adjustment Methodology Aa
7 Revision of Southern California Association of
Governments (SCAG) Policies **
8 Beneficial Use of Biosolids Aa
9 Beverage Container Recycling Program Aa
10 Pollution Controls on National and International
Sources A
11 Corporate Average Fuel Economy (CAFE) Standards Aa
12 Stormwater Runoff Aa
13 Maintenance and Operating Costs for Environmental
Projects A
14 Electric Utility Restructuring **
vii
Number
Key Word Index
Reviewing Body Action
COMMITTEE ON HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT
1 2 3 4
15 Amortization of Pole Signs Ra
16 Personal Wireless Service Facilities Aa
COMMITTEE ON PUBLIC SAFETY
17 Impact of Deportable Criminals on Local Government Aa
18 Emergency Medical Services **
19 Shopping Cart Retrieval Aa
20 Drug and Alcohol Rehabilitation Programs Aa
21 Elimination of All Nuclear Weapons W
COMMITTEE ON REVENUE AND TAXATION
22 Local Government Funding Structure Aa
23 Property Tax Administration Fees Aa
24 Return of Property Tax Revenue D
coMMITTEE ON TRANSPORTATION AND PIJBLIC WORKS
I[ 25 ] ISTEA Reauthorization
IAI
RESOLUTIONS INITIATED BY PETITION
Resolution
Committee
Recommendation
General
Assembly
Action
Policy\acres\table97.doc
viii
VI. ANNUAL CONFERENCE RESOLUTIONS
Resolutions Referred to Committee on Administrative Services
RESOLUTION RELATING TO ELECTION OF POLICY COMMITTEE CHAIRS AND
VICE CHAIRS
Source: Desert Mountain Division
Referred to: Administrative Services Policy Committee
Preliminary Recommendation to General Resolutions Committee: Disapprove
Final Recommendation to General Resolutions Committee:
WHEREAS, many members of the League of California Cities policy committees are faced
with term limits restricting their ability to serve the League beyond their term limitation; and
WHEREAS, the chair and vice chair are not selected by the members from within the policy
committees, they are appointed directly by the president as outlined in Board Policy, Chapter IV,
Appointment of Policy Committee Chair and Vice Chair; and
WHEREAS, within the policy committees the membership is capable of selecting capable
chairs and vice chairs from within the committee membership; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 14, 1997, that the League amend Board Policy to
provide for the direct election of the chair and vice chair of the policy committees; and be it further
RESOLVED, that the term of the committee chairs and vice chairs be limited to not more
than one term, enabling every committee member to have an opportunity to serve; and be it further
RESOLVED, that the elections occur at the regularly scheduled meeting preceding the
annual General Assembly.
.
RESOLUTION RELATING TO OPEN AND EQUAL PARTICIPATION ON ALL
RESOLUTIONS AT ANNUAL CONFERENCE
Source: Town of Yucca Valley
Referred to: Administrative Services Policy Committee
Preliminary Recommendation to General Resolutions Committee: Disapprove
Final Recommendation to General Resolutions Committee:
WHEREAS, the League of California Cities is founded on the principles of local control and
interagency cooperation and is a voluntary membership association of California cities, representing
a broad based and diverse population with each member city having equal status; and
WHEREAS, the League of California Cities' Annual Conference is a gathering of thousands
of city officials from throughout California to learn from their colleagues, to study, debate, and
formulate positions on issues important to local government; and
WHEREAS, each city is represented at the conference by its voting delegate who participates
in the policy development process during the General Assembly; and
WHEREAS, the League of California Cities encourages city officials to become active
participants in setting League policy; and
WHEREAS, the Annual Conference resolutions offer an additional means to direct the future
of cities by focusing public and media attention on major issues; establishing a general direction for
the League, and considering important issues not already addressed by the policy committees and
board of directors; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 14, 1997, that the League support the concept that
every resolution, whether approved or disapproved by the Resolutions Committee, shall be placed on
the General Assembly agenda; and be it further
RESOLVED, that any resolution before the General Assembly may be moved to a consent
agenda, and that any motion from the floor by a voting delegate to discuss any resolution will be
recognized and the item discussed; and be it further
RESOLVED, that the League also support the concept that the General Assembly forum
maintain and practice policies of respect and of equal participation of all members to assure that the
League's policies and programs are responsive to and encourage the full support of ALL cities.
Resolutions Referred to Committee on Community Services
3. RESOLUTION RELATING TO DRUG FREE ZONES
Source: Recreation, Parks and Community Services Department
Referred to: Community Services Policy Committee
Preliminary Recommendation to General Resolutions Committee: Approve as Amended
Final Recommendation to General Resolutions Committee:
WHEREAS, Califomia Health and Safety Code Section 11380.5 authorizes a city council or
board of supervisors to designate a public park or ocean front beach as a "drug free zone" if certain
conditions are met; and
WHEREAS, this code section provides for the imprisonment for one additional year of
anyone convicted of possession or sale of drugs in a drug free zone; and
WHEREAS, Health and Safety Code Section 11380.5 sunsets January 1, 1998; and
WHEREAS, the authority to designate the grounds of libraries as "drug free zones" should be
added to Health and Safety Code Section 11380.5; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 14, 1997, that the League support legislation that
repeals the January 1, 1998 sunset date of Health and Safety Code Section 11380.5, and that adds
library grounds to the areas that may be designated as "drug free zones."
,
RESOLUTION RELATING TO STATE FUNDING FOR THE ARTS
Source: City of Walnut Creek
Referred to: Community Services Policy Committee
Preliminary Recommendation to General Resolutions Committee: Approve as Amended
Final Recommendation to General Resolutions Committee:
WHEREAS, the nonprofit arts industry in California generates in excess of $2.195 billion
annually in economic activity, supports over 115,000 jobs, and annually returns more than $77
million in state and local tax revenues; and
WHEREAS, state funding for the arts and cultural activities stimulates local economies,
attracts business to communities where arts provision and programming is strong, and improves the
quality of civic life throughout California; and
WHEREAS, those at-risk youth who are involved in local arts programs are more likely to
score higher in educational testing and are less likely to become involved in the juvenile justice
system; and
WHEREAS, the California Arts Council, a state agency, supports programs that enhance
community development, promotes cultural planning, stimulates local business and tourism, and
helps to provide a creative talent pool for California's industries; and
WHEREAS, state funding for the arts and culture leverages up to 12 times the amount of
current state support from local government, private foundations, corporations and individuals across
California; and
WHEREAS, the California Arts Council has helped to stimulate the growth of over 200 local
arts agencies throughout the state; and
WHEREAS, the California Arts Council has been unable, in the past, to adequately fund
even those worthy projects, programs or organizations that rank at the very highest level in a peer
group review process; and
WHEREAS, California presently ranks 46th out of 50 states in per capita state support for the
arts; and
3
WHEREAS, the Legislature was able to meet its original goal of increased funding to the arts
until the downturn in the state's economy in 1992; and
WHEREAS, the state's economy has now not only recovered from its downturn, but has
experienced dramatic growth, which growth is projected minimally through the end of the decade;
now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 14, 1997, that the League call upon the Governor and
the State Legislature to increase state funding to the arts so as to enable the California Arts Council
to continue to exercise a strong leadership role by investing in the social, economic, educational and
cultural well-being of California's citizens.
o
RESOLUTION RELATING TO TRANSITIONAL HOUSING FOR ELDER ABUSE
VICTIMS
Source: City of Los Angeles
Referred to: Community Services Policy Committee
Preliminary Recommendation to General Resolutions Committee: Policy Committee will
make recommendation at October 12 meeting.
Final Recommendation to General Resolutions Committee:
WHEREAS, an estimated one to two million Americans are victims of elder abuse or
neglect; and
WHEREAS, most elder abuse perpetrators are family members or caregivers; and
WHEREAS, elder abuse encompasses physical abuse, psychological abuse, caregiver
neglect, and financial exploitation; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 14, 1997, that the League urge the state to adopt
legislation that will create funding that will enable local government to develop transitional housing
for victims of elder abuse in need of support services and provide education and respite for
caregivers and family members who are at risk of abusing an elderly person.
[Note: No resolutions were referred to the Committee on Employee Relations]
Resolutions Referred to Committee on Environmental Quality
6. RESOLUTION RELATING TO SOLID WASTE ADJUSTMENT METHODOLOGY
Source: Channel Counties Division
Referred to: Environmental Quality Policy Committee
Preliminary Recommendation to General Resolutions Committee: Approve as Amended
Final Recommendation to General Resolutions Committee:
WHEREAS, AB 939 requires that each jurisdiction divert 50 percent of its waste from
landfills by year 2000; and
WHEREAS, the California Integrated Waste Management Board (CIWMB) has adopted a
Waste Adjustment Method codified in the California Code of Regulations, Title 14, Division 7,
Chapter 9, Article 9, Section 18797.3; and
WHEREAS, the CIWMB Waste Adjustment Method is used to adjust the waste generated in
1990 to reflect conditions in the current year considering sales tax, employment and inflation, with
population a minor factor, and is a critical component to calculating diversion rates and a
jurisdiction's compliance with the 25 percent and 50 percent diversion mandates of AB 939; and
WHEREAS, other states use population-only based adjustment methods to calculate
diversion rates and if applied in California would significantly increase the diversion rate of many
California jurisdictions; and
WHEREAS, the jurisdictions in California are diverse and should be given the flexibility to
select an adjustment method which most closely fits the local situation, now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 14, 1997, that the League support legislation or
changes in regulations that would amend the California Code of Regulations to allow jurisdictions to
select a population-only based waste adjustment method, or at their option the current CIWMB
Waste Adjustment method.
.
RESOLUTION RELATING TO REVISION OF SOUTHERN CALIFORNIA
ASSOCIATION OF GOVERNMENTS (SCAG) POLICIES
Source: Channel Counties Division
Referred to: Environmental Quality Policy Committee
Preliminary Recommendation to General Resolutions Committee: Policy Committee will
make final recommendation at October 12 meeting
Final Recommendation to General Resolutions Committee:
WHEREAS, the Solid Waste Task Force of Southern California Association of Governments
(SCAG) has requested local governments to support the revised integrated waste management
policies of the Solid Waste Task Force of SCAG as follows:
- Promote waste management practices for waste prevention, recycling and composting and
safe disposal or transformation.
- Support state legislation that retains that part of the Integrated Waste Management Act of
1989, as amended, requiring 25 percent diversion for the year 1995.
- Support a legislative change to the Integrated Waste Management Act of 1989, as
amended, that would make the current 50 percent diversion mandate to year 2000 a goal and extend
the mandate to 2010.
- Support state legislation that establishes, at the city's or county's discretion, 1990 or 1995
as the base year for the balance of the Integrated Waste Management Act of 1989, as amended, waste
diversion targets and give credit to cities and counties that have met or exceeded their 1995 diversion
mandate.
- Support state legislation that would give cities and counties credit for diversion based
solely on the amount of residual solid waste taken to a landfill. Any waste that is transformed or
composted should not be considered as residual waste.
- Encourage cities and counties to continue, to the best of their abilities, to implement their
Source Reduction and Recycling Elements; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 14, 1997, that the League be urged to review the
revised integrated waste management policies of the Solid Waste Task Force of SCAG and support
legislation and other actions in furtherance of these policies to the extent they are in the best interest
of California cities.
8. RESOLUTION RELATING TO BENEFICIAL USE OF BIOSOLIDS
Source: City of Los Angeles
Referred to: Environmental Quality Policy Committee
Preliminary Recommendation to General Resolutions Committee: Approve as Amended
Final Recommendation to General Resolutions Committee:
WHEREAS, Cal/EPA's Department of Toxic Substances Control (DTSC) has undertaken a
major task of reviewing its hazardous waste management program through the process of Regulatory
Structure Update (RSU); and
WHEREAS, the goals of RSU processes are to update DTSC's hazardous waste regulations
with the latest scientific information, promote regulatory flexibility and simplicity, eliminate
duplicative regulations, and reflect current roles of state, local and federal governments in the
regulation of hazardous waste; and
WHEREAS, the DTSC has failed to justify the need for the new system as being necessary to
protect public health; and
WHEREAS, proposals relate to revisions in the state's current scheme for determining that a
waste exhibits the characteristic of toxicity and is therefore subject to regulation as a hazardous
waste; and
WHEREAS, a concept paper proposes major changes in the existing DTSC regulation
describing when a waste exhibits the characteristic of toxicity (22 California Code of Regulations
section 66241.24). That section requires waste generators to analyze wastes in a number of ways
that go beyond the requirements of RCRA (the Resource Conservation and Recovery Act); and
WHEREAS, a concept paper proposes replacement of the existing single level Total
Threshold Limit Concentration (TTLC) and Soluble Threshold Limit Concentration (STLC) levels.
The existing TTLC levels would be replaced with two new TTLC levels for each of the chemicals.
Similarly, STLC levels would be replaced by two new levels known as Soluble or Extractable
Regulatory Thresholds (SERTS). Generally the higher of the two levels is higher than the existing
level and the lower is lower; and
WHEREAS, wastes that exceed the higher TTLC and SERT concentration level would
continue to be fully regulated. Wastes that exceed the lower level would be designated as special
wastes and would be subject to lower management standards, requiring the waste to be disposed of
in Class II land disposal sites. This creates a new waste classification entitled "Managed Industrial
Waste"; and
WHEREAS, establishing a higher threshold for higher level TTLC and STLC wastes means
that many wastes now manages as hazardous wastes in California will be disposed of in less
regulated disposal sites; and
WHEREAS, lower level of TTLC and SERTs will result in more waste being labeled as
hazardous waste in California; and
WHEREAS, biosolids in compliance with current requirements would be classified as
Managed Industrial Waste necessitating disposal, rather than reuse, in a composite lined RCRA
Subtitle D landfill. This would not only destroy beneficial use of biosolids, but also increase the
amount of waste going to landfill, which conflicts with the landfill waste diversion requirements of
AB 939 and results in increase in cost to cities for disposal; and
WHEREAS, a group of industry and environmental representatives have found the proposed
system to be at least as faulty and more complex than the current system and have sent a letter to the
DTSC director opposing the changes; and
WHEREAS, the sentiments in the letter represent the views of almost everyone concerned
with the waste classification issue; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 14, 1997, that the League urge the state to advise
Cai/EPA and DTSC not to proceed with the above noted proposed changes at this time; and be it
further
RESOLVED, that the League urge the state to instruct Cal/EPA and DTSC that the above
noted proposed changes in the waste classification first be peer reviewed by a panel of nationally
respected scientists with significant input from stakeholders, including cities, before any regulation
is proposed and that the public review period for such a comprehensive regulation be at least six
months.
o
RESOLUTION RELATING TO BEVERAGE CONTAINER RECYCLING PROGRAM
Source: City of Los Angeles
Referred to' Environmental Quality Policy Committee
Preliminary Recommendation to General Resolutions Committee: Approve as Amended
Final Recommendation to General Resolutions Committee:
WHEREAS, according to the California Department of Conservation, containers covered by
California's current beverage container recycling program are recycled at a 76 percent rate; and
according to figures from the California Integrated Waste Management Board and others, glass and
plastic drink containers, which are not included in the state program, have a recycling rate of less
than 25 percent; and
WHEREAS, a statewide survey conducted by Farr and Research for the Department of
Conservation found that 82 percent of California residents believe that additional beverage
containers should be included in the state's beverage container recycling program; now, therefore, be
it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 14, 1997, that the League reaffirm its support for the
continuation of the existing beverage container recycling program and legislation to expand the
program to include sports drinks, juices, waters and other non-carbonated soft drinks.
10.
RESOLUTION RELATING TO POLLUTION CONTROLS ON NATIONAL AND
INTERNATIONAL SOURCES
Source: City of Los Angeles
Referred to: Environmental Quality Policy Committee
Preliminary Recommendation to General Resolutions Committee: Approve
Final Recommendation to General Resolutions Committee:
WHEREAS, many regions in California suffer from air quality that is not in attainment of
state or federal standards; and
WHEREAS, the 'local air pollution control districts, air quality management districts, and the
state of California have undertaken one of the most aggressive air pollution controls programs in the
world; and
WHEREAS, the federal government has responsibility for the control of emissions from
federal sources, including interstate sources such as aircraft, marine vessels, locomotives and
interstate trucks and has influence over similar international air pollution sources; now, therefore, be
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 14, 1997, that the League request the National League
of Cities to urge the federal government to pursue all cost-effective emission reductions from
national air pollution sources and to encourage pollution controls on international sources.
11.
RESOLUTION RELATING TO CORPORATE AVERAGE FUEL ECONOMY (CAFE)
STANDARDS
Source: City of San Jose
Referred to: Environmental Quality Policy Committee
Preliminary Recommendation to General Resolutions Committee: Approve as Amended
Final Recommendation to General Resolutions Committee:
WHEREAS, the League of Califomia Cities recognizes that most metropolitan areas in
California are faced with the difficult challenge of pursuing or maintaining the attainment of federal
clean air standards. New federal clean air standards have been proposed that are more stringent and,
if adopted, will create further difficulty in the attainment of air quality standards by local
governments and their constituent businesses and residents; and
WHEREAS, the League recognizes that past advances in federal corporate average fuel
economy (CAFE) standards have provided a fundamental tool in the pursuit of attainment of federal
Clean Air Standards on the part of California's and the nation' s major metropolitan areas. Yet, it is
also recognized that CAFE standards have not advanced since the mid-1980s, and that vehicle miles
driven per capita is climbing in urban areas of California and the rest of the nation. The combined
effect of these trends has neutralized the overall effectiveness of CAFE standards as an important
tool for meeting air quality objectives, protecting public health and for solving a host of other
problems associated with automobile emissions; and
WHEREAS, automobile usage in urban areas of California and the Untied States accounts for
a disproportionately large share of the world's total carbon dioxide emissions. The League
recognizes that increasing CAFE standards would be a positive, critical step toward mitigating the
destructive impacts of carbon dioxide emissions; and
WHEREAS, implementation of existing CAFE standards have reduced the pressure to drill
for oil in sensitive environments around the world, and have diminished our nation' s dependence on
foreign oil, thereby enhancing national security. Increasing CAFE standards would further these
national goals; and
WHEREAS, the League recognizes that separate lower CAFE standards have been
established for light trucks, which include what the industry calls sport utility vehicles, at 20.7 miles
per gallon (MPG) and for passenger vehicles at 27.5 MPG. Given that sales of vehicles in the light
truck category have experienced a dramatic increase in the market share of new vehicles in recent
years, the average fuel economy of the entire on-road vehicle fleet in California and the nation has
actually begun to decline significantly; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 14, 1997, that the League support federal legislation
that increases the federal CAFE standards for both passenger cars and light trucks/sport utility
vehicles, and/or combine the categories in such a way that effectively increases the average fuel
performance of the entire on-road fleet of vehicles within California and the nation; and be it further
RESOLVED, that the League urge the National League of Cities to sponsor or support
legislation that increases the CAFE standards.
12. RESOLUTION RELATING TO STORMWATER RUNOFF
Source: City of Los Angeles
Referred to: Environmental Quality Policy Committee
Preliminary Recommendation to General Resolutions Committee: Approve as Amended
Final Recommendation to General Resolutions Committee:
WHEREAS, urban runoff pollution carried to surface waters in stormwater collection
channels is harmful to human health and to the environment; and
WHEREAS, action plans have been prepared by jurisdictions throughout the state that
identify methods to reduce pollution from urban runoff; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 14, 1997, that the League support legislation that
would provide funding for programs that would lead to a reduction of the pollutant load in
stormwater runoff; and be it further
RESOLVED, that the League support legislation that would support the protection of waters
of the state through the reduction of pollution in stormwater runoff.
10
13.
RESOLUTION RELATING TO MAINTENANCE AND OPERATING COSTS FOR
ENVIRONMENTAL PROJECTS
Source: City of Los Angeles
Referred to: Environmental Quality Policy Committee
Preliminary Recommendation to General Resolutions Committee: Approve
Final Recommendation to General Resolutions Committee:
WHEREAS, available funding for environmental projects often prohibits the use of funds for
any maintenance activities; and
WHEREAS, the success of many environmental projects would be ensured if funding for a
maintenance period were provided; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 14, 1997, that the League support legislation that
would provide funding for the short-term maintenance and operating costs in addition to the
construction and implementation costs of an environmental project funded by a state program.
14. RESOLUTION RELATING TO ELECTRIC UTILITY RESTRUCTURING
Source: City of San Jose
Referred to: Environmental Quality Policy Committee
Preliminary Recommendation to General Resolutions Committee: Policy Committee will
make final recommendation at October 12 meeting
Final Recommendation to General Resolutions Committee:
WHEREAS, the League of California Cities adopted a resolution on electric industry
restructuring at the 1996 Annual Conference in Anaheim; and
WHEREAS, the League's 1996 resolutions stated that the League:
a. Reaffirm its support of electric service by consumer-owned public power municipal
utilities and encourage the continuation of the "home rule" authority vested in California cities,
b. Continue to participate in the electric industry restructuring debate to ensure that no
erosion of local government authority occurs,
c. Oppose all legislation that erodes the ability and authority of municipal utilities to operate;
and
WHEREAS, the League adopted revised policy guidelines on electric industry restructuring
in April 1996 to support:
a. The concept of electric utility restructuring,
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b. Equitable benefits for all rate payers,
c. Municipal utility authority,
d. Preservation of cities' franchise authority,
e. Cities' ability to aggregate and purchase electricity for municipal or community accounts,
f. Resolution of stranded investment problems such that investors, rate payers and generators
remain financially whole,
g. Wheeling between generators and users,
h. Alternative sources of energy,
i. Fair resolution of the unique problems of California's biomass industry,
j. Energy programs that provide social and environmental benefits; and
WHEREAS, the League has adopted additional policies and positions related to consumer
protection, municipal utilities and other issues; and
WHEREAS, state legislation (AB 1890, Chapter 854, Statutes of 1996) has passed that has
restructured the generation segment of the electric services industry of electric power, and local
governments have taken action based upon state legislation and California Public Utilities
Commission regulation; and
WHEREAS, the League desires to advocate its position based on existing League policy;
now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 14, 1997, that the League continues to support the
ability of local government to:
a. Participate in direct access transactions, self-aggregation and voluntary aggregation of
customers not limited to municipal accounts,
b. Be providers of electricity and ancillary services for the residential, commercial and
industrial sectors; and be it further
RESOLVED, that the League support legislation on electric utility industry restructuring
a. Provides reliable and long-term mechanisms that support and encourage the use of
renewable energy and conservation,
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b. Does not at the federal level, preempt legislation in states that have already restructured
the electric utility industry; and be it further
RESOLVED, that the League urge the National League of Cities to sponsor or support
federal legislation that achieves these same purposes.
Resolutions Referred to Committee on Housing, Community and Economic Developmenl
15. RESOLUTION RELATING TO AMORTIZATION OF POLE SIGNS
Source: Los Angeles County Division
Referred to: Housing, Community and Economic Development Policy Committee
Preliminary Recommendation to General Resolutions Committee: Amend and Refer
Final Recommendation to General Resolutions Committee:
WHEREAS, litigation currently is pending over whether Section 5499 of the Business and
Professions Code preempts local governmental agencies under certain circumstances from enacting
legislation that requires the removal of on-premise advertising (also known as "pole signs") on the
basis of height or size, even after a reasonable period of amortization; and
WHEREAS, regulation of the location, appearance and concentration of pole signs, including
the requirement to remove them on the basis of height or size after a reasonable period of
amortization, is an essential part of the local zoning power to improve the visual appearance of local
communities; and
WHEREAS, the League of California Cities supports laws that provide and clarify local
authority over the regulation of unsightly advertising signs; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 14, 1997, that the League support legislation that
clarifies and provides that local governmental agencies have the authority to require the removal,
after a reasonable period of amortization, of on-premise advertising signs on the basis of height or
size.
16.
RESOLUTION RELATING TO PERSONAL WIRELESS SERVICE FACILITIES
Source: City of Cerritos
Referred to: Housing, Community and Economic Development Policy Committee
Preliminary Recommendation to General Resolutions Committee: Approve as Amended
Final Recommendation to General Resolutions Committee:
WHEREAS, on January 31, 1996, the 104th Congress of the United States of America
adopted the Telecommunications Act of 1996, amending and repealing various sections and
provisions of the Communications Act of 1934, Title 47 of the United States Code section 332(c),
13
which was amended by adding the new subparagraph (7), entitled "Preservation of Local Zoning
Authority"; and
WHEREAS, the new section of the National Wireless Telecommunications Siting Policy,
entitled "Preservation of Local Zoning Authority," provides for the retention of local decision-
making authority over the placement, construction and modification of personal wireless service
facilities subject to certain limitations; and
WHEREAS, under the principles of federalism, the ability and authority of the states to
determine the zoning and land uses within their borders, and the ability and authority of counties,
cities and other local entities within the state to determine the zoning and land uses within their
jurisdiction has long been upheld by the court; and
WHEREAS, the United States Conference of Mayors, at its 1997 Annual Conference, also
adopted a resolution affirming the authority of local governments to determine the placement,
construction and modification of personal wireless service facilities within their jurisdictions; now,
therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 14, 1997, that based upon the authority provided for
and the limitations on that authority contained within the Telecommunications Act of 1996 and the
traditional and long-standing authority of state and local governments and instrumentalities thereof
to determine and decide the appropriate land uses, zoning and placement of businesses and facilities
within their jurisdictions, the League finds as follows:
1. Title 47 of the United States Code section 332(c)(7) Preservation of Local Zoning
Authority of the Telecommunications Act of 1996 clearly defines the authority of state and local
governments and instrumentalities thereof to regulate the placement, construction and modification
of personal wireless service facilities subject to the limitations contained above.
2. Further, Title 47 of the United States Code section 332(c)(7) Preservation of Local Zoning
Authority of the Telecommunications Act of 1996 provides that an individual who is adversely
affected by any final action or failure to act by a state or local government or any instrumentality
thereof that is inconsistent with subparagraph (7), may, within 30 days after such action or failure to
act, commence an action in any court of competent jurisdiction. The court shall hear and decide such
action on an expedited basis.
3. Finally, Title 47 of the United States Code section 332(c)(7) Preservation of Local Zoning
Authority of the Telecommunications Act of 1996 clearly specifies the role of the Federal
Communications Commission (FCC) as an appeal body only in those instances in which the action
or failure to act by a state or local government or instrumentality thereof is based upon substantial
evidence contained in a written record which is inconsistent with clause (iv) concerning radio
frequency emissions; and be it further
RESOLVED, that the League of California Cities urge the National League of Cities to:
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1. Oppose the recent action of the FCC to tentatively preempt and preclude local siting
moratoria that do not specify a fixed length of duration, because according to the FCC such
moratoria are not "decisions" regarding the placement, construction and modification of personal
wireless service facilities which, pursuant to Title 47 of the United States Code section 332(c)(7)(A)
Preservation of Local Zoning Authority of the Telecommunications Act of 1996, are subject to
review by the courts and therefore are either impermissible Commercial Mobile Radio Service
(CMRS) entry regulation in violation of Section 332(c)(3) or a barrier to entry under Section 253(a),
either of which are subject to preemption by the FCC.
2. Oppose any further actions of the FCC to preempt local siting moratoria that are of a fixed
length of duration or that are imposed only against the siting of new CMRS facilities but that permit
existing CMRS operators to construct or modify facilities.
3. Support the legislative and judicial actions of local governments to retain their traditional
and essential zoning and land use authority over the placement, construction and modification of
personal wireless service facilities within their jurisdiction, as provided in the Telecommunications
Act of 1996, and in particular, decisions regarding facilities whose siting, scope, scale or design may
result in undue impacts, whether aesthetically or otherwise, to adjacent businesses and residents.
Resolutions Referred to Committee on Public Safety_
17.
RESOLUTION RELATING TO THE IMPACT OF DEPORTABLE CRIMINALS ON
LOCAL GOVERNMENT
Source: Public Safety Policy Committee
Referred to: Public Safety Policy Committee
Preliminary Recommendation to General Resolutions Committee: Approve as Amended
Final Recommendation to General Resolutions Committee:
WHEREAS, the League of California Cities issued a report of the Immigration and
Naturalization Task Force in May 1995, which addressed the broad range of immigration impacts on
state and local government; and
WHEREAS, among the various recommendations for policy development included in the
task force report is the issue of deportable criminals and the costs to the state of California and its
cities and counties of incarcerating deportable criminals, including the direct cost associated with
processing and booking at the time of arrest; and
WHEREAS, in 1995, an estimated 18,000 deportable felons were incarcerated in state prison
and approximately 7,000 deportable criminals were incarcerated in county jails, with early estimates
for 1997 at substantially higher numbers; and
WHEREAS, tens of thousands of additional deportable criminals commit crimes that
endanger the public safety and violate property rights of law-abiding legal residents; and
15
WHEREAS, California cities' jails and detention centers are the criminal's "point of entry"
into the criminal justice system, and are often overlooked as the critical apprehension juncture of
deportable criminals; and
WHEREAS, the Immigration Bill, HR 2202, clarified the intent of the Congress in the 1995
Crime Bill to reimburse local government for incarceration costs; and
WHEREAS, criminal activity by deportable criminals has increased the costs to local
government and the demands for public services; and
WHEREAS, local public safety personnel are endangered and there have been incidents in
which deportable criminals have seriously injured or killed police officers; and
WHEREAS, local government has borne the burden of incarcerating, housing and
prosecuting deportable criminals in addition to putting local police officers in danger; now,
therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 14, 1997, that the League support legislation seeking
reimbursement by the federal government to local agencies, specifically cities, for the costs
associated with incarcerating deportable criminals, including the direct costs associated with
processing and booking at the time of arrest; and be it further
RESOLVED, that the League urge the National League of Cities to join in this effort and
urge the federal government, especially the Immigration and Naturalization Service to institute a
city-based program to reduce cities' costs of booking, processing and incarcerating deportable
criminals, and to minimize repeat offenses by deportable criminals by assigning INS personnel,
where requested, to cities and counties operating jails and detention centers in order to coordinate
deportation proceedings with criminal prosecution.
18. RESOLUTION RELATING TO EMERGENCY MEDICAL SERVICES
Source: City of Santa Clara
Referred to: Public Safety Policy Committee
Preliminary Recommendation to General Resolutions Committee: Policy Committee will
make recommendation at October 12 meeting.
Final Recommendation to General Resolutions Committee:
WHEREAS, the Emergency Medical Services System and the Prehospital Emergency
Medical Care Personnel Act, the "EMS Act," was enacted by the California Legislature in 1980; and
WHEREAS, one result of the EMS Act has been to reduce the accountability of some
emergency medical service providers to the individuals receiving their care; and
WHEREAS, cities and fire districts provide essential paramedic and emergency medical
technician services at the scenes of health emergencies and accidents and are therefore in a unique
16
position to closely monitor the level and quality of service provided to their citizens and visitors by
emergency medical transport providers (ambulances); and
WHEREAS, cities and fire districts have a public safety driven motivation to ensure that their
citizens and visitors receive prompt and high quality emergency medical services; now, therefore, be
it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 14, 1997, that the League sponsor legislation to
authorize cities to have an increased role in the selection and monitoring of emergency medical
service providers; and authorizing cities and fire districts to increase the level of emergency medical
services delivered to their citizens, to and including the provision of emergency medical transport or
ambulance services; and requiring emergency medical transport providers to compensate cities and
fire districts for the emergency medical services rendered by cities and fire districts.
19. RESOLUTION RELATING TO SHOPPING CART RETRIEVAL
Source: Orange County Division
Referred to: Public Safety Policy Committee
Preliminary Recommendation to General Resolutions Committee: Approve as Amended
Final Recommendation to General Resolutions Committee:
WHEREAS, shopping cart retrieval legislation enacted in 1996 (AB 317 - Granlund) placed
onerous provisions on cities requiring a three-day notice requirement to grocers, among other
restrictions, for the retrieval of shopping carts; and
WHEREAS, neighborhood concerns regarding the number of abandoned or stolen shopping
carts and the contribution to blight has elevated with the passage of AB 317; and
WHEREAS, Assembly Member Curt Pringle introduced legislation, AB 1427, on behalf of
the city of Anaheim to amend existing law dealing with the notice provisions and local government
charges relating to cart retrieval that was supported by the Grocers Association and the League of
California Cities; and
WHEREAS, despite virtually no opposition to AB 1427, the legislation did not pass in the
Assembly Local Government Committee due to the Chairman's concerns regarding the questionable
intent of this issue as a matter of statewide concern and the fiscal impact to cities and counties; and
WHEREAS, the League of California Cities has indicated an analysis of fiscal impact to
cities would vary significantly under the provisions of AB 1427 due to the subjectivity or voluntary
nature of the legislation; and
WHEREAS, since the issue remains a matter of statewide concern under current state law
and has restricted cities and counties from addressing shopping cart retrieval issues at the local level,
17
it is most appropriate for the League of California Cities to sponsor legislation in 1998 to repeal or
amend the applicable section of existing law dealing with cart retrieval; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 14, 1997, that the League and the city of Anaheim
co-sponsor legislation in 1998 to amend or repeal the onerous provisions in current law dealing with
city and county restrictions surrounding cart retrieval.
20.
RESOLUTION RELATING TO DRUG AND ALCOHOL REHABILITATION
PROGRAMS
Source: Orange County Division
Referred to: Public Safety Policy Committee
Preliminary Recommendation to General Resolutions Committee: Approve as Amended
Final Recommendation to General Resolutions Committee:
WHEREAS, Sober Living Homes are defined as any house, institution, hotel or other similar
place that supplies room and board, or rooms only, and operates as a drug- and alcohol-free
residential facility; and
WHEREAS, the Fair Housing Act was established in 1968 to prohibit housing discrimination
based on race, color, religion, national origin or sex, and was subsequently amended to extend its
protection to include individuals participating in rehabilitation programs as well as persons suffering
from chemical dependency; and
WHEREAS, Sober Living Homes, under the protection of the Fair Housing Act, provide
housing facilities for persons suffering from chemical dependency as well as persons with extensive
criminal backgrounds; and
WHEREAS, the number of Sober Living Homes is growing at a significant rate, with the vast
majority of such homes being located in residential neighborhoods; and
WHEREAS, only 25 percent of Sober Living Homes are licensed by the California
Department of Alcohol and Drug Programs, with the remaining 75 percent of Sober Living Homes
being unlicensed and exempt from any regulatory guidelines, monitoring procedures, occupancy
limits, requirement to notify local authorities about their location and/or requirement to disclose to
local authorities the criminal histories of their residents; and
WHEREAS, attempts, to date, by local and state governments to limit, license, remove or
regulate unlicensed Sober Living Homes have been prevented by actions taken by HUD under the
regulations preventing discrimination against the disabled; and
WHEREAS, crime statistics associated with the residents of unlicensed Sober Living Homes
vary from misdemeanors to serious felonies such as burglary, armed robbery and murder; and
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WHEREAS, unlicensed Sober Living Homes are not required to provide treatment services
and, as such, serve only as an alternative to prison without providing structured care, supervision or
rehabilitation services; and
WHEREAS, while licensed Sober Living Homes provide professional and comprehensive
treatment services, it is believed that unlicensed facilities housing those under court jurisdiction
subject a significant and unnecessary risk to the health, welfare and safety of the populace; now,
therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 14, 1997, that the League sponsor legislation that
requires any person under court jurisdiction, who is released on probation, parole, conditional
sentence or a suspended sentence on the condition that he or she participate in a residential drug or
alcohol abuse rehabilitation program, to participate in a licensed alcoholism or drug abuse recovery
or treatment facility.
21.
RESOLUTION RELATING TO THE ELIMINATION OF ALL NUCLEAR WEAPONS
Source: Council Member Susie F. Boyd, City of Davis
Referred to: Public Safety Policy Committee
Preliminary Recommendation to General Resolutions Committee: Withdrawn by Sponsor
Resolutions Referred to Committee on Revenue and Taxation
22. RESOLUTION RELATING TO LOCAL GOVERNMENT FUNDING STRUCTURE
Source: North Bay Division
Referred to: Revenue and Taxation Policy Committee
Preliminary Recommendation to General Resolutions Committee: Approve as Amended
Final Recommendation to General Resolutions Committee:
WHEREAS, local government has been subjected to significant reductions in revenue due to
state actions during the economic recessions of the 1980s and 1990s; and
WHEREAS, the burden of the above-mentioned reductions fell on local governments in
addition to the revenue reductions they suffered as a result of the last two recessions' impact on
economic activity; and
WHEREAS, there is no indication of any change in the state's revenue picture that would
prevent this pattern from being repeated in future recessions; and
WHEREAS, the earmarking of funds for K-14 education mandated by Proposition 98 has
resulted in the state shifting funding from local government as exemplified in the property tax take-
away for the Educational Revenue Augmentation Fund (ERAF); and
19
WHEREAS, local governments statewide suffer from a lack of a stable, predictable revenue
stream and further suffer from the difficulty of funding capital projects that are necessary for
balanced economic development even when these projects are desired by a majority of their
communities; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 14, 1997, that the League support the establishment of
a constitutionally protected funding structure for local government.
23. RESOLUTION RELATING TO PROPERTY TAX ADMINISTRATION FEES
Source: Cities of Ceres and Modesto
Referred to: Revenue and Taxation Policy Committee
Preliminary Recommendation to General Resolutions Committee: Approve as Amended
Final Recommendation to General Resolutions Committee:
WHEREAS, AB 818 (Vasconcellos), signed by the governor in October 1995, created a
State-County Property Tax Administration Program, which offers state loans to eligible counties to
assist county assessors' offices in their enhancement of property tax administration systems; and
WHEREAS, the established program required that certain predetermined operational goals be
met by each participating county or the state would require repayment of the loan limited to
supplanting the current level of funding within each county assessor's office; and
WHEREAS, on July 16, 1997, California Department of Finance Director Craig Brown
deemed all participating counties in said program met the terms of their contracts with the state and
that all loans for fiscal year 1995-96 were considered repaid [forgiven]; and
WHEREAS, some counties are including the costs of the additional staff and resources
incurred through this program in the calculation of their respective property tax administration fees
to be paid by cities and special districts under state mandate SB 2557 (Chapter 466, Statutes of
1990), despite the fact the state has already paid for those supplemental expenses through the loan
program, subsequently forgiven; and
WHEREAS, such practices in this manner by some counties constitute "double taxation"
upon residents and businesses located within cities and special districts when the state of California
and local agencies must pay for the very same added costs of property tax administration through
this program; and
WHEREAS, such practices in this manner are the equivalent of a special revenue "windfall"
to counties; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 14, 1997, that the League sponsor legislation to
20
prohibit counties participating in the State-County Property Tax Administration Program from
passing on their supplemental property tax administration expenses to cities and special districts in
the form of SB 2557 fees (section 95.3 of the Revenue and Taxation Code) when the participating
county has satisfied its predetermined performance criteria and received state notification the loan
has been paid.
24. RESOLUTION RELATING TO RETURN OF PROPERTY TAX REVENUE
Source: City of Lafayette
Referred to: Revenue and Taxation Policy Committee
Preliminary Recommendation to General Resolutions Committee: Disapprove
Final Recommendation to General Resolutions Committee:
WHEREAS, in response to its own severe budget deficits, the state of California has since
1992 redirected one-sixth of all property taxes from counties, cities, and special districts; and
WHEREAS, these property tax shifts total approximately $2 billion and have caused local
governments to reduce many programs and continue to strain local budgets; and
WHEREAS, the state's August 1997 repayment of $1.2 billion owed to PERS for loans made
to relieve the state's budget deficits firmly establishes a state policy to responsibly repay debts owed;
now, therefore, be it
RESOLVED, by the General Assembly of the League of Califomia Cities assembled in
Annual Conference in San Francisco, October 14, 1997, that the League use all reasonable means to
ensure that property tax debts owed to cities by the state of California be repaid in a timely manner
and consistent with state policy and precedent.
Resolutions Referred to Committee on Transportation, Communications and Public Works
25. RESOLUTION RELATING TO ISTEA REAUTHORIZATION
Source: City of Los Angeles
Referred to: Transportation and Public Works Policy Committee
Preliminary Recommendation to General Resolutions Committee: Approve
Final Recommendation to General Resolutions Committee:
WHEREAS, the authority for the Intermodal Surface Transportation and Efficiency Act
(ISTEA) has expired and the U. S. Congress is currently considering reauthorization of the Act; and
WHEREAS, ISTEA provides California with significant fiscal resources for funding
transportation programs and programs that reduce congestion and improve air quality; and
21
WHEREAS, it is in the interest of cities and counties within California to continue to have
flexible use of ISTEA funds for transportation programs and programs to reduce congestion and
improve air quality; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 14, 1997, that the League request the National League
of Cities to work to ensure that local flexibility in the use of ISTEA funds be enhanced, that funds
for Congestion Management and Air Quality (CMAQ) be retained, and that funds continue to be
made available for multi-modal transportation programs.
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