Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
1997-05-21 Packet
MEMORANDUM DATE: May 20, 1997 TO: FROM: SUBJECT: Honorable Mayor Malone and Members of City Council Candace Horsley, City Manager Miscellaneous Items for May 21, 1997 City Council Meeting Attached please find several miscellaneous items for your review prior to this Wednesday night's meeting, as follows: 1. AGENDA ITEM 5c As mentioned in the original staff report on this item, Roe Sandelin is providing additional information regarding the purchase of an ambulance for the Fire Department, along with a detailed analysis of the bids received. Please do not hesitate to contact either myself or Roe Sandelin, at 463-6263, if you have any questions regarding this item. 2. AGENDA ITEM 7a Relative to the Public Hearing on the issue of Herbicide Spraying by Caltrans inside City limits, I have attached an April 9, 1997 Ukiah Daily Journal article, regarding the County supervisors recent actions on this item. 3. AGENDA ITEM 9d You will also find two letters attached regarding the Covenant with Mendocino Solid Waste Management Authority. The first is from Patrick McAIlister, and the second is from Al Beltrami. CH:ky Atts. 4:Can:mcc73 ITEM NO. MEETING DATE 5c May 21, 1997 AGENDA SUMMARY REPORT SUBJECT: PURCHASE OF ONE 1996 OR NEWER DEALER OR FACTORY DEMONSTRATOR TYPE-3 AMBULANCE The purchase of a replacement ambulance was authorized by the City Council in the 1996/97 fiscal year. The estimated cost of this purchase was projected to be $88,200. In the process of preparing bids for this purchase it was determined that a significant amount of savings might be realized if the department could purchase a late model dealer or factory demonstrator ambulance instead of a brand new one. Further exploration and review of this option by staff revealed that considerable savings could be realized, with no significant divergence from City of Ukiah design specifications. Three bids were received from three vendors. The bid opening was performed at 2:00 p.m., Thursday, May 15, 1997. A comparison of the bids was made to determine if there were significant deviations from specifications, additional costs due to terms of delivery, discounts for timely payment and other factors that would be applicable in determining the bid that will best serve the needs and requirements of the City of Ukiah. This detailed comparison is contained within the attached memorandum dated May 19, 1997. Con~i~ on oaoe 2. RECOMMENDED ACTION: Award bid to Ackerman Emergency Equipment in the amount of $79,150.50 and approve loan from Reserve Fund 910 to Fund 698 in an amount not to exceed $80,000 at an annual interest rate of 5.956%. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject all bids and request re-submittal. (This option would likely increase cost of purchase due to unavailability of demonstrator ambulances at time of re-submittal; increase estimated at $1,000 to $4,000.) Acct. No.: N/A Acct. No.: (if NOT budgeted) Appropriation Requested: N/A Citizen Advised: N/A Requested by: Fred W. Keplinger, Director of Public Safety Prepared by: Roe M. Sandelin, Operations Commander/Deputy Chief Coordinated with: Candace Horsley, City Manager Attachments: Memorandum Summary of Ambulance Bids 100-2101-255-006 APPROVED BY AGENDA SUMMARY REPORT (ITEM NO. 5C) PURCHASE OF ONE 1996 OR NEWER DEALER OR FACTORY DEMONSTRATOR TYPE-3 AMBULANCE MAY 21, 1997 PAGE 2 The fiscal year 1996/97 budget planned for the lease purchase of an ambulance. The financing was expected to be for 100% of the purchase cost of the ambulance. Proposals for financing the purchase ranged from 5.84% plus a $300 underwriting fee (equivalent to a 5.956% interest rate) to 6.25%. The City's investments are currently yielding returns in this range. Lease purchase financing normally contains a fixed schedule (buy-out option) for paying off the lease in advance of the regular schedule. This buy-out option amounts to a prepayment penalty. Financing through a City fund would not need any prepayment penalty. The City has resources in reserve accounts which could be made available on a loan basis which would approximate the terms of an externally financed lease without the prepayment penalty. This method of financing the ambulance would allow for early payment of the loan at the time additional funds became available to the Fire Department. Therefore, staff recommends the approval of a loan from reserve fund #910 to fund #698 in the amount necessary to purchase the ambulance otherwise described herein, in the amount not to exceed $80,000. This loan is to be repaid on a five year schedule with payments in arrears at an annual interest rate of 5.956%. Unpaid interest, if any, will be compounded annually. The first payment will be due June 1, 1998, with subsequent payments due each June 1st until fully paid. It is important to proceed quickly in this matter of ambulance purchase because the supply of demonstrator ambulances is subject to change without notice. MEMORANDUM Date: May 19, 1997 To: Chief Sandelin From: Engineer Clark Subject: SUMMARY OF AMBULANCE BIDS BIDS Bids were received from three venders, Braun Northwest, Ackerman Emergency Equipment and Rescue Safety Products. The prices shown below include California sales tax. Bid 1. Braun Northwest. a. This bid is the third lowest bid. b. This bid contains a few minor exceptions and one significant exception to specifications. $85,973.13 Bid 2. Ackerman Emergency Equipment. a. This bid is the second lowest bid. b. This bid contains one minor and one significant exception to specifications. $79~150.50 Recommend award of bid to this vendor Bid 3. Rescue Safety Products. a. This bid is the low bid. b. This bid contains several significant exceptions to specifications. $78,029.84 * *It is recommended this bid be declined. See detailed analysis within the following pages. BID ANALYSIS Bid 1. Braun Northwestern Due to the extreme difference of cost the Braun Northwest bid will not be analyzed is great detail. The following key points should be noted: a. This bid takes one significant exception to bid specifications: The unit offered is a GMC cab and chassis. A Ford cab and chassis was specified because the fire department has experienced very good performance from that manufacturer's equipment currently in front line ambulance service. Standardization makes maintenance more cost effective. b. The unit would need to be inspected prior to award of bid. Personnel would have to travel to Chehalis Washington at a cost to the City of Ukiah. Co Bidder does offer an option of a drive out allowance of $500.00. This means the purchase price would be reduced by $500 if the City were to take delivery at Chehalis, Washington. This option would not actually reduce the price because the cost to the City for transportation, lodging and per diem would be at least that much. Bid 2. Ackerman Emergency Equipment a. This bid was substantially compliant with bid specifications. Each deviation from specifications was clearly noted and explained. b. There were two points of deviation. No Spahn 0-2 minder was provided and the cab and chassis warranty somewhat less than specified. These will be explained in detail below. c. This bidder brought the ambulance to Ukiah for inspection at the time of bid submittal. The ambulance was inspected and approved by fire department staff. d. This bidder will deliver the ambulance to Ukiah upon acceptance of bid. e. This bidder will perform all vehicle registration and documentation at no f. This bidder is located in the Sacramento area. Bid 3. Rescue Safety Products a. This bidder did not list deviations as required by bid instructions. b. Significant deviations do exist with this bid. c. This bidder does not have a licensed dealer in California. The nearest dealer is located in Reno, Nevada. It is the opinion of staff that these three items alone provide good reason to decline this bid. However, further comparison of the two lowest bids follows. Comparison information looks at deviations from bid specifications and, where appropriate, the cost to add equipment considered necessary to compare bid value and the desired performance of the ambulance. Rescue Safety Products Ackerman Emergency Equipment 1. No H size oxygen tank. M size oxygen tank. This smaller size tank is not adequate for long transports. This is essential equipment. It is unknown if modification for larger tank is a valid option. Cost would be significant. Yes comply. 2. No 3 radio coax cable. One radio coax cable. is provided, three are required. $200.00 value. Yes comply; 3 radio coax cables. 3. No invertor. 12 volts DC to 120 Volts AC. Required for Critical Care Transport.. Provides power for miscellaneous equipment. $800.00 value. Yes comply. 4. No battery conditioner Provides optimum battery voltage, helps avoid dead batteries and extends battery life. $500.00 value. Yes comply. 5. No 120 volt AC receptacles in patient area. Would have to be added along with inverter. Yes comply. 6. No wig wag headlights. Provides added visibility during emergency response. This is a safety issue. Estimated cost is $300.00. Yes comply. 7. No bandage compartment above squad bench. This is a quick access storage compartment. $300.00 value. Yes comply. 8. No Span Oxygen Minder No Span Oxygen Minder a viewing window is provided as an alternative. 9. No Electric solenoid oxygen valve. Shuts off oxygen valve when the batteries are off. This insures that oxygen will not leak from the tank when not in use. $150.00 value. Yes comply. 10. No Analog clock in patient area. A clock provides time for recording medication administration. $50.00 value. Yes comply. Rescue Safety Products Ackerman Emergency Equipment 11. No PDC-500 or Sof-Touch electronic controls. This is the main control head and the major electrical system for the unit. This equipment is installed on current front line ambulance with no down time or malfunction. Yes comply. 12. Yes 36,000 miles or 36 months. No partial warranty of 24,500 miles or 26 Months. Dealer will apply for full warranty. Outcome is doubtful. OTHER CONSIDERATIONS Bid 2. Ackerman Emergency Equipment: a. Will deduct $400.00 if the unit is paid upon delivery. The City would take advantage of this option. b. Will deliver the ambulance to Ukiah at no cost. c. Does have a dealer located nearby (Sacramento area). d. Has been inspected and approved by staff. e. A Life Line ambulance was purchased from Ackerman Emergency Equipment in 1993 and the unit now has 3400 hrs or the equivalent of 204,000 miles and has given little trouble. Standardization of like manufacturer for parts and service is cost effective. Bid 3. Rescue a. bo C. d. e. Safety Products: After delivery the ambulance will be partially repainted to match existing Ukiah Fire Department ambulances and to remove unwanted dealer markings. According to a local auto painting vendor, this paint scheme will cost an additional $840.00 more to do the Rescue Safety Products ambulance. This ambulance has not been inspected. It will be necessary to drive to Reno, Nevada to do. Total personnel (2) wages, transportation, lodging and per diem is estimated at $980.00. Rescue Safety Products does not have a dealer in California which could impact future service needs. No DMV registration services are included with this bid. Costs for registration may be an additional $300.00. An unknown amount of personnel time will be required to perform this task. This ambulance is F.O.B. Reno, Nevada. Additional cost would be incurred to deliver the ambulance to Ukiah. COST SUMMARY Rescue Safety Products Base price $72,755.10 Deduct for payment on delivery Ackerman Emergency Equipment $74,200.00 -400.00 Radio coaxes added 200.00 Inverter 800.00 Battery conditioner 500.00 Wig wag headlights 300.00 Bandage compartment 300.00 Span Oxygen Minder 150.00 Analog clock 50.00 Additional paint cost 840.00 Sub total $75,895.51 $73,800.00 CA sales tax 5,502.39 5,350.50 Inspect prior to award 980.00 TOTAL $82~377.90 $79~150.50 To conclude it is my opinion that the Life Line ambulance from Ackerman Emergency Equipment would best suit our needs and is the lowest cost overall to the City of Ukiah. (.ontinued f'o~ Fage I whe:-e the 9ubli¢ doesn't have direct a¢cesq such at the vegeta- tive ~:ap over the Caspar landfill and ~gri~:ult ~ral General Services Director Pete Halstad told the supervisors the county departments are will- ing to do whatever the board decides in this matter. "If the board considers this a threat to the public health," he said the departments will carry out its directives. Agricultural Commission Dave Bengston, Cooperrider, and the supervisors also talked about the need to develop an Integrated Pest Management Policy for the county. The county uses between two to four gallons a year of the con- centrated herbicide Round-up. But that amount is diluted at the rate of about eight tablespoons to the few gallons of water that fit in the reservoir of a backpack spraying unit, said Al Bazzani, the manager of Buildings and Grounds. Building and Grounds employees, he said, spend about 90 hours a year spraying. Max' 19, 1997 Council Members Cit)., of Ukiah 300 Seminary Avenue L~iah, CA 95482 Dear Council members, The purpose of this letter is to revisit the garbage issue once again. May 21 st you will be asked to consider obligating Ukiah rate payers to a 20 year contract that provides no flexibility, does not consider the likelihood of advancements in the technology of garbage disposal, and incurs costs that are excessive well beyond the need. I became involved in this issue as a NIMBY, but have since progressed through environmentalist, social critic, and now business analyst; I remain all of them. As you are aware, the business community is very concerned that this matter has progressed to this point: a proposal to spend rate payer's money on land that is well beyond the needs of the project in both costs, size and location; improvements that far exceed those necessary to dump garbage on the ground and in turn load it for transport; a 20 year contract, supposedly necessary so that these excessive costs can be amortized over a lengthy term so that the pa~xnents aren't too high. The business community is not alone in expressing its concem about recent disclosures on this issue, however. The rate payers in all jurisdictions are making themselves heard, as witness the recent debate and decision by the city council of Willits to not sign the covenant, and Fort Bragg's decision to further review its options; the reason for those votes was consideration of cost to rate payers, and the restrictions of a 20 year contract. As you read the attached summary, of EIR deficiencies you will become aware, if you are not already, why the cost of development is so high: mitigation of environmental impacts that would not be an issue elsewhere, and a very expensive piece of property. How we got to this point is summarized in a review of MSWMA decisions that have shaped the blind focus on the North State street property. Though these decisions may have seemed appropriate at the time, some of them do not stand up to the test of time, while others need to be reconsidered in light of new information, technology, changes in the garbage marketplace, and competition from new sources. The one decision however that was obviously illogical, even as it was made, was restricting the siting of the garbage transfer station to industrial properly; a very limited resource in a rural county, and one that was bound to generate environmental conflicts. Low yield ag or unclassified land would have been the logical choice, away from population centers. This is a rural county, with no need for placement of obnoxious facilities in the midst of residential and business neighborhoods. ASSOCIATES Fax: 707.~6;3.O465 at: CRy Of UKlaPl PATRICK MCALLISTER Page 2 of 2 Mon(lay, May 19,19~T 3:;3,3:2;3 PM TO: MIKe Harris This latter summar3., also deals with a viable option that needs to be explored See if you don'! agree. ' ' I hope you will find the time to review the attached summaries before the council meeting of May 21st. I will be presenting further comments at that time, if permitted, and will be available for and appreciative of your questions. Sincerely, Patrick McAllister North Forks Improvement Group 87 Malaga Court, Ukiah 463-0465 SUMMARY OF GARBAGE STATION EIR DEFICIENCIES THE EIR DID NOT REQUEST REVIEW AND COMMENT FROM THE SCHOOL DISTRICT, CHP OR SHERIFF. CHP REVIEWED THE EIR, AFTER THE FACT, AND DOES NOT SUPPORT TRAFFIC STUDY. CHP STATES THAT IT HAS SERIOUS RESERVATIONS, A COMMENT THAT THE CHP CONSIDERS TO BE ONE STEP BELO'W OPPOSITION BECAUSE THE STUDY IS INCOMPLETE IAND DRAWS FALSE ASSUMPTIONS. THE CHP FURTHER STATES THAT THE CONCLUSION WOULD HAVE BEEN THE SAME IF REVIEWED DURING THE COMMENT PERIOD. CHP STATES THAT NORTH STATE STREET HAS THE HIGHEST COLLISION RATE OF ANY 3 MILE STRETCH OF ROAD IN MENDOCINO COUNTY. COUNTY DEPARTMENT OF PUBLIC WORKS HAS WITHDRAWN ITS SUPPORT FOR THE EIR TRAFFIC STUDY, AFTER IT DISCOVERED THAT THE STUDY LIMITED ITSELF TO THE 3 INTERSECTIONS NEAR THE SITE. AFTER BEING INFORMED BY PLrBLIC WORKS THAT THE STUDY WAS TO INVOLVE THE ENTIRE NORTH STATE STREET CORRIDOR(CITY LIMIT TO CALPELLA). COUNTY DEPARTMENT OF PUBLIC WORKS STRONGLY RECOMMENDS SOUTH STATE STREET AREA LOCATION FOR TRANSFER STATION. NORTH STATE STREET IS OVERBURDENED. THE EIR DID NOT DISCLOSE THAT THERE ARE 67 SCHOOL BUS STOPS AND 267 SCHOOL CHILDREN ON ROADSIDE AWAITING BUSES, OF WHICH 41 ARE RED-LIGHT CROSSO1.~RS IN THAT 3MILE STRETCH OF NORTH STATE STREET. EIR DID NOT STUDY IMPACT ON HEALTH AND QUALITY OF LIFE OF THOSE RESIDENTS RESIDING IN THE 400 HOMES WITHIN 1500 FEET OF THE SITE, AND THE HUNDREDS OF COMMERCIAL AND INDUSTRIAL EMPLOYEES WORKING IN THE IMMEDIATE NEIGHBORHOOD OF THE SITE. EIR DID NOT STUDY IMPACT ON PRESENT AND FUTURE LAND USE. EIR DID NOT STUDY THE FUTURE OF RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL GROWTH. EIR DID NOT STUDY IMPACT ON RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL PROPERTY VALUES IN THE AREA. EIR DID NOT STUDY POTENTIAL FOR NIGHT TIME NOISE FROM RAIL SWITCHING. EIR DID NOT STWDY IMPACT ON VISUAL ENVIRONMENT AND AESTHETICS. EIR DID NOT STUDY THE PERILS OF CONTAMINATION BY UPSET OF SELF-HAUL HAZARDOUS AND TOXIC CARGOON ROADWAY ENROUTE TO THE TRANSFER STATION. EIR DID NOT STUDY IMPACT ON RECREATIONAL TRAFFIC TO AND FROM LAKE MENDOCINO, NOR DID IT CONSIDER THE HEAVY RECREATIONAL BICYCLE TRAFFIC 8 MONTHS OF THE YEAR CONCLUSION: ABOVE THE EIR MUST BE REDONE, ADDRESSING ALL OF THE ISSUES INDEPTH. REALISTIC SOLUTION: THE GARBAGE TRANSFER STATION SHOULD BE ISOLATED IN AN UNPOPULATED AREA OF THE COUNTY, AS THEY ARE EVERY RURAL COUNTY IN WHICH NEW GARBAGE TRANSFER STATIONS HAVE BEEN DEVELOPED IN THE PAST 5-10 YEARS; IT SHOULD NOT BE LOCATED IN THE VERY CENTER OF A GROWING AND VIABLE RESIDENTIAL, COMMERCIAL, INDUSTRIAL NEIGHBORHOOD. IY'OF1CIIy, May "1S~ '1~7 ,~:a'1:2'~ PM TO: MIKe S[~fMARY OF MSWMADECISIONS THAT GOT US HERE PHIL IS 0 PHI CA L D E CISI O ~N ~ : TO NOT DEVELOPE A NEW COUNTI~,'IDE LANDFILL, BECAUSE IT WAS TOO CONTROVERSIAL CONSOLIDATE ALL OF THE COUNTY'S GARBAGEIN A SINGLE TRANSFER STATION FOR TRANSPORT OUT OF THE COUNTY RESTRICT THE TRANSFER STATION SITING STUDY TO INDUSTRIAL PROPERTY, THE LEAST AVAILABLE, AND MOST EXPENSIVE, ZONING CLASSIFICATION IN THE COUNTY, WHILE OTHER RURAL COUNTIES ARE LOCATING THEIR TRANSFER STATIONS ON LOW YIELDING AG AND UNCLASSIFIED LANDS (FOR REASONS OF ECONOMY AND LOW ENVIRONMENTAL IMPACT). INSIST ON SITING ON THE RAIL LINE. ACTION DECISIONS: SELECTED A SITE WITH HAS THE IN AN AREA WHICH IS PREDOMINANTLY RESIDENTIAL, COMMERCIAL AND INDUSTRIAL INFILL, AND THAT POTENTIAL FOR FURTHER SUBSTANTIAL RESIDENTIAL DEVELOPMENT. IN AN AREA THAT WILL REQUIRE SEVERAL MILLIONS OF DOLLARS TO BE SPENT IN AN ATTEMPT TO MITIGATE IMPACTS ON THE NEIGHBORHOOD AND ROADWAY ON AN ROADWAY THAT IS ONE OF THE VALLEY'S MOST OVERUTILIZED, AS DEFINED BY PUBLIC WORKS, IGNORING PUBLIC WORK'S STRONG PROTEST. ON A ROADWAY THAT HAS THE HIGHEST COLLISON RATE OF ANY 3 MILES OF ROADWAY IN THE ENTIRE COUNTY. ON A ROADWAY WITH 67 SCHOOL BUS STOPS ACCOMODATING 268 STUDENT TRIPS DAILY; A CONCERN THAT MSWMA HAS RESPONDED TO IN THE PAST WITH AN ASSURANCE THAT THE GARBAGE TRANSFER STATION OPERATOR AND MSWMA TOGETHER WILL HAVE $6MM LIABILITY INSURANCE COVERAGE, THEREFORE THERE IS NO NEED TO WORRY ABOUT THE DANGER POSED BY 200 GARBAGE TRUCKS BEING INTRODUCED DAILY TO THE ROADWAY. AT AN INTERSECTION THAT ACCOMODATES PARDUCCI WINERY TASTING ROOM CUSTOMERS AND COMMERCIAL VEHICLES. AT AN INTERSECTION THAT IS ENTERED FROM THE NORTH BY VEHICLES IMMEDIATELY EXITING WHAT FOR DECADES HAS BEEN KNOWN AS DEAD MAN'S CURVE. EXPENSIVE RIGHT-OF- AT AN INTERSECTION THAT WILL REQUIRE VERY SIGNALLING AND PURCHASE OF ADDITIONAL WAY TO MAKE IT EVEN MINIMALLY ACCEPTABLE, AND POSSIBLY NOT EVEN THEN. PAID $550M FOR A PROPERTY TO BE USED FOR A GARBAGE FACILITY EMPLOYING 6 PEOPLK A PRICE THAT IS 5 OR 10 TIMES MORE THAN NECESSARY. REMOVED FROM INVENTORY 9.4 ACRES OF PRIME INDUSTRIAL LAND, A COMMODITY THAT IS BECOMING MORE SCARCE BY THE DAY, HALqNG THE POTENTIAL TO PRODUCE A XrERY LARGE PAYROLL. PURCHASED THE PROPERTY WITH NO CERTAINTY THAT IT COULD EYER BE USED FOR A GARBAGE TRANSFER STATION, BECAUSE OF THE PETITION FILED BY NORTH FORKS IMPROVEMENT GROUP TO HAVE THE EIR DECERTIFIED AND REDONE. MSWMA IGNORED THE OPPORTUNITY TO OPTION THE PROPERTY IN LIEU OF PURCHASE, FOR A REASON THAT HAS NOT BEEN DISCLOSED. SPENT MONEY ON A FAST TRACKED EIR THAT PRO~ED TO BE SO INADEQUATE THAT IT BEGGED FOR A LAW SUIT, ONE THAT PROBABLY IS COSTING THE TAX PAYERS MORE IN LEGAL COSTS THAT DID THE EIR ITSELF. SEEKS TO ENTER INTO A 20 YEAR CONTRACT WITH SOLID WASTE SYSTEMS, A REPUTABLE AND PROVEN HAULER, TO BUILD AND OPERATE THE TRANSFER STATION AT THE NORTH STATE STREET SITE, THE COST OF WHICH IS LARGELY DICTATED BY THE LOCATION: LAND COST, $550 THOUSAND., VERY HIGH COST OF MITIGATIONS MADE NECESSARY DLrE TO THE PROXIMITY OF RESIDENCES AND BUSINESSES; VERY HIGH COST OF MITIGATIONS MADE NECESSARY BY TRAFFIC IMPACTS, INCLUDING SIGNALLING OF PARDUCCI ROAD. From: PATRICK MCALLISTER PATIRICI,'[ A~OCIATE~ Pax: ?074~-04~ al:: CR'y OT UKlarl PATIRICK MCALI. I~'I-~I~ Page ;30T;3 Monoay, M.,y lg, I~JT ;3:44:07' PM TO: MIKe Plarrls IGNORES THE POTENTIAL FOR USE OF THE SOLID WASTE SYSTEMS PROPERTY ON TAYLOR ROAD, WHICH HAS ALL THE ATTRIBUTES OF THE NORTH STATE STREET SITE, BUT WITHOUT THE NEED FOR EXTENSI~ AND EXPENSlX~ MITIGATIONS. THIS PROPERTY OFFERS THE POSSIBILITY OF AS MUCH AS 50% TO 65% REDUCTION IN DEVELOPMENT COST, WHICH TRANSLATES TO $4 TO $6 PER TON. MSWMA HAS NOT ASKED SOLID WASTE SYSTEMS TO SUBMIT SUCH A PROPOSAL THE MSWMA STATES THAT THE NEED FOR A 20 YEAR CONTRACT IS TO ALLOW FOR A TERM LONG ENOUGH TO KEEP THE PAYBACK TO HAULER FOR HIS $4 MILLION+ INVESTMENT IN DEVELOPMENT INCLUDING $550 THOUSAND FOR THE LAND, AT A TONNAGE cOsT BELOW $10. WITH THE CONTRACT APPROVED BY MSWMA CALLING FOR A $9 PER TON DEVELOPMENT FEE, THAT EQUATES TO A PRINCIPAL AND INTEREST PAYBACK OVER THE 20 YEARS OF $8.46 MILLION. THAT NOT IN CONTRAST, DEVELOPMENT ON TAYLOR STREET, SOLID WASTE SYSTEM'S PROPERTY, WOULD LIKELY COST ABOUT ONE HALF OF THE NORTH STATE STREET SITE, FOR THE OBVIOUS REASONS~ LAND COST, LOW ENVIRONMENTAL MITIGATION COSTS. A $2 MILLION DEVELOPMENT COST AND THAT IS PROBABLY A HIGH ESTIMATE, COULD BE AMORTIZED OVER A MUCH SHORTER PERIOD OF TIME, SAY 10 YEARS, AT A TONNAGE DEVELOPMENT FEE OF ABOUT $6, FOR A PRINCIPAL AND INTEREST PAYBACK OF $2.98 MILLION; A SAVINGS TO THE 1L&TE PAYERS OF $5.48 MILLION. A SMALL SUM. Location Cost Ton Fee* Term Payback Savin~s N. State $4.0mil $9 20y $8.46mil ($5.48~nil) Taylor Dr. $2.0mil $6 10y $2.98mil $5.48mfl * Assumed interest rate 8.0% MENDOCINO COUNTY EMPLOYERS COUNCIL 245-A East Perkins Street · Ukiah, CA 95482 · Tel (707) 462-5021 City of Ukiah Council Members 300 Seminary Ave. Ukiah CA 95482 Dear Council Members: Fax (707) 462-0318 May 19, 1997 : UKIAH : 2 0 1991 The very important issue of long term solid waste handling for Mendocino County will soon be coming before you for decision. Because of the basic economic impact of your decision on M.C.E.C. members, as well as all county residents, the directors have reviewed the issue in detail. Following their review, they adopted the following position at their meeting of May 16... 1) The proposed requirement for a 20 year commitment to a guaranteed streams flow to a specific facility, without a release provision, is too long in a time of rapidly changing technology and regulation. Therefore, the Council opposes this provision in the proposed agreement and recommends a change to provide reasonable flexibility for member agencies. 2) The Council's previous position emphasizes as much private sector involvement as possible in every phase of solid waste management, exclusive of rate regulation, was restated. 3) All available sites for distribution points need to be considered and evaluated for overall environment and economic factors. 4) ALL modes of transportation need to be available depending on future economic situations; redundancy is an obvious requirement in case of system failure. We urge you, as key members of the Mendocino Solid Waste Authority government, to provide as much long term protection for your constituency as possible with the information currently available to you. Thank you for you studied and informed decision on this issue. Al Beltrami Executive Director AB:ph cc: Mendocino County of Board of Supervisors MEMORANDUM DATE: May 21, 1997 TO: FROM: SUBJECT: Honorable Mayor Malone and Members of City Council Candace Horsley, City Manager C~~ Additional Information Relative to May 21, 1997 City Council Meeting 1. AGENDA ITEM 7c- VEHICLE ABATEMENT- 495 FORD STREET, UKIAH The applicants in this public hearing called the City today and requested continuance of this item as there was a medical emergency in their family. 2. AGENDA ITEM 9b - CONSIDERATION OF REQUEST BY THE UKIAH VALLEY MEDICAL CENTER FOR THE CITY OF UKIAH TO PROVIDE THE TRANSFORMER FOR THE OBSTETRICS WING Val Devitt, President of the Ukiah Valley Medical Center, has contacted the City regarding the subject transformer in the above Agenda Item. Apparently, he was unaware of the situation until just recently. He has agreed to pay 1/2 of the transformer, which was one of the negotiating offers previously made by City staff. He felt this was more than fair and asked to pull this item. CH:ky 4:can:mcc75 MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting. May 7, 1997 A regular meeting of the Ukiah City Council, the agenda for which was legally noticed and posted, convened at 6:34 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were PRESENT: Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. ABSENT: None. Staff Present: Public Utilities Director Barnes, Community Services Director DeKnoblough, Finance Director Elton, Assistant City Manager Harris, City Manager Horsley, Public Works Director Kennedy, Associate Planner Lohse, City Attorney Rapport, Public Works Deputy Director Seanor, Senior Planner Stump, Police Captain Williams, and City Clerk Henderson. 2. Pledge of Allegiance Councilmember Mastin led the Pledge of Allegiance. .,::!?:~. 3. Special Order of Business ..:-i'i'? 3a. proclamation for"Ukiah Tourism Week.,' May 4-10, 199'7 .... Mayor Malone presented the Proclamation declaring the-week beginning May 4, ~1997 as "Ukiah Tourism Week" to Elizabeth Brazil, Executive.Director of the Ukiah'Chamber of Commerce. ':'-'-::' ": ...::. :..: .......... -~i::??:::':' .... Elizabeth Brazil addressed the Council noting the Cinco'de'iMaY°'festivities, a Special Olympics competition, and the Performance Coatings Jazz Festival were taking place in :: .: Ukiah during "Ukiah Tourism Week." ....... ::' .::: ': 3b. Proclamation Designating "Bike to WOrk Day." MaY 20. 1997 ·. : .,-:~.i: ..i':i::: Mayor Malone presented the P~oclamatiO~' designai:ing "Bike to Work Day" to Valerie Lawe and Rick Seanor who spoke to the activities of ~Bike to Work Day" in Ukiah, outlined some of the.problems of bike driers on Ukiah streets, and urged the Council to participate in "Bike .[~'Wo.rk Day" and to .keep bicyclists in :mind in future planning. 3c. Pi:6clamafion for National Association of Letter Carriers National Fo~d Drive Day. MaYt0,1997 : ...... . ............. Mayor Malone presented the Proclamation for the National Association of Letter Carriers (NALC.)National Food .Drive .Day on May 10, 1997 to Terry Poplawski, President of Branch 1563:Of the NALC in Ukiah :and Willits. Mr. Poplawski thanked the Council for the City's Participation in this effort.' hd, Proclamatioli Declarin_a May 12-16, 1997 as "Try_ Transit Week" in the City of ii!.!:;.~!:~i ~!iiiiUkiah .... ~ :~i:~:-:E~i:~:~::**: .:: .:-": .~F'i:[ii::::.::' . . MayorMalone presented the Proclamation declaring May 12-16, 1997 as "Try Transit Week" in the City of Ukiah to Councilmember Mastin in his capacity as Chairman of the Board of Directors of the Mendocino Transit Authority. 4. Approval of Minutes 4a. Adjourned Regular Meeting - April 14. 1997 MIS KellylMastin to approve the Minutes of the Adjourned Regular Meeting of April 14, 1997, with an amendment to the third sentence in the second paragraph of item 3a, so that the sentence reads: "A utility must create a fund to be used in one or more of the following Regular Meeting - May 7. 1997 Page I areas: conservation programs, renewable technology, research and development, and Iow income assistance." The motion carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 4b. Regular Meeting. A.oril 16, 1997 M/S Mastin/Chavez to approve the Minutes of the Regular Meeting of April 16, 1997, as submitted, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 5. RIGHT TO APPEAL DECISION Mayor Malone explained the appeal process. .:!:i:!::!i!:! .:~': :'~ . ::::,::.:.:.::: :: .:~ MIS Mastin/Ashiku to approve Consent Calendar it"~ns 6a-d a~'::'~'}~i~Si:i::::'.: .. a. Awarded the bid for the purchase of transfOrmers to WESCO in-an amount not to exceed $47,117.45; ':!'~ 2 i !.: :'.:F:.!~'[~ :':': .-" b, Approved the application to demolish two residential structures over 50 years old located at 586 North State Street; ...... . '%.:!;:.;!:. :.:: c. Acproved the application to demolish a moto~mpi'ex::(.~l:7 rooms) over 50 years old located at 623 South State Street and - d. ,~proved the Notice of Completion for the'Leachate BOoster.Station Project at the Ukiah Landfill, Specification No. ~17!~':'~i ;.i:~i:~'ii::-i:?ii:i~:: .... :.....i!' !' :: i.:~iL;:.: ..:: ..... :. : .::: T,e motion carried by the following roll:call vote:AYE$:ic0uncilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 'i: - . . ?. AUDIENCE COMMENTS'ON NON'AGEND~ Mayor Mal~ne asked forl;~b~ments fr~:theaU'dience on non-agenda items No one c~i~:f°rward. "%i.i:iiii ,,,,::::,. ':': -:. .... 9. UNFINISHED:BUSINESS :.:..:::::". 9a. Discussion"~tnd :'ACtion ¢oncemin~ Closure of Marlene Street at Orchar~l .. .... ...... venue ':~i i!.i il. ::.!! il' .... .... Publi¢ Works Directo~:!Kennedy explained the County of Mendocino is preparing traffic c°i~nts on the streets at issue in this matter and those counts will not be available until the COUnCil Meeting o~:May 21, 1997. Mr. Kennedy outlined the correspondence received in ~smatter and r~mmended making Marlene Street one way eastbound so traffic leaving th~iia~ea'will l:~'f~nneled to the interse~ion of Orchard Avenue and Gobbi Street to relieve the'~'~estion at Waugh Lane and Gobbi Street. Police Captain Williams noted he observed the site during one lunch time period. Although not a Public Hearing, Mayor Malone asked for audience comments. Elaine Burgess, 41 Lorraine Street, spoke to the positive effect of the one-way street. Bill Morrell, 911 Marlene Street, preferred to be able to exit Orchard going south via Marlene. Regular Meeting - May 7, 1997 Page 2 8c. Ado_orion of Resolution Establishing Capital Imprpvement Fees to be Imposed on Development within Airport Industrial Perk Public Works Director Kennedy introduced Steve Weinberger, P.E., of Whitlock & Weinberger Transportation Inc., authors of the Airport/Redwood Business Park Traffic Analysis for the City. Mr. Kennedy outlined the two Resolutions before the Council for consideration: one would adopt the fees, while the other was necessary to put the first into effect immediately. He reviewed the development of the Airport Industrial Park (ALP), outlined its boundaries, emphasized the proposed fees covered post Wal-Mart development within the AlP, and addressed the need for improvements to traffic flow into, within, and surrounding the AlP. The traffic analysis by Whitlock & Weinberger Transportation Inc. addressed the impacts of off-site intersections at South State Street at Talmage Road, Talmage Road at Airport Park Boulevard, southbound Highway 101 at Talmage Road, and Washington Street/Hastings Road at South State Street. Costs for the necessary improvements to these intersections, due to the increase inlraffic caused by buildout of the Airport Industrial Park, were estimated by Boyle E~ginee!~ing Corporation to be ,$731,036. Mr. Kennedy outlined the percentage of improvements attribUted:tO ~each land .use designation, how the fees would be prorated over :the parcelS, and how the fee per:acre charge was established. He also compared thes~ charges to the National average for Capital Improvement Fees. Since these proposed fees are based on future value, the amounts paid at this time will be discounted. Councilmember Mastin inquired about any exce~;s property.acqUired for, but not totally used by, the improvements at Hastings Road and .South State Street. City Attorney Rapport replied the house on the property wout~"~ave to be demolished. Airport zoning would not allow a replaCement.structure to :be built, and it is prudent to assume the City would not get value from the remaining 'land'. If the excess property were sold, the proceeds would be used for unforeseen costs or returned to the property owners in the AlP. - .. Mr, Kennedy submitted steve Weinberger's letter of May 6, 1997 for the record. Steven Weinberger,. Whitlock'& Weinberger Transportation Inc., 2200 Range Avenue, Suite 102, "Santa 'Rosa, outlined 'his background and experience and explained the procedure used byhis firm to produce the Airport/Redwood Business Park Traffic Analysis. He noted he'is comfodable with the data collection and the numbers generated, having been very conservative with'the numbers. The firm's analysis was based on conditions, exclusive of Friedman'S.traffic, .to determine buildout of the Park. Traffic was evaluated on a movement-by-movement basis. The firm also considered the Park will be a regional a~aCtion. Large truckusage was also taken into account. The Hastings Road entrance t~i:i.it!~e Park is not..:.SUfficient to provide for traffic expected at buildout, and it is very important to have ah'~'adequate secondary entrance. He cautioned capacity improvements ~:e!:::~eeded .oni:.entrances to the Park. If they are not provided, the Park will become u:~tttacti~e rOUsers ":';~:i ~:i.i...i ~.~ ::: :.:i ~." In response to questioning, Mr. Weinberger replied the Hastings Road improvements will accommodate large trucks, while timing is used primarily to achieve General Plan service levels on the side streets. His data is based on peak-hour notations of actual counts, not on unobserved possible traffic flows. Mr. Kennedy noted the improvements suggested to be carried out on Waugh Lane are resultant of the Wal-Mart project and are not included herein, as these improvements are only to correct post Wal-Mart impacts. Mayor Malone opened the Public Hearing at 10:03 p.m. Regular Meeting - May 7, 1997 Page 5 10b. Proposed Amendment tO ~;olid Waste Franchise Agreement with ~;olid 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 proiect, 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 onMarch 23, 1992 The motion was carried by the following roll call vote: AYES: Councilmenibers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: No~e;ABSENT: None. 9b. Approval of Agreements Relative to the K~'~rt Proiec~:::':'"~::~!i~!iiii:i.i i i !;i?ii:!;:~.~ .... I. Agreement with Kmart for Orchard Avenue/Brush 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 Avenueto.BrUsh Street) carried by the following roll call vote: AYES: Counc~members Chavez, ASh'iku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAINi 'None. ABSENT:None. :~!. .,:, .:'i~. ======================== 10a. Adoption of Resolution Co~'mencin:~° Sale 0f"$'~mlus Property Community Services Direct0r'DeKno~i~ugh nOt:~d the three City owned properties recommended to be declared Surplus propertywere 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't0 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~.:~t.80-08, carried by'.the-following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin,:'and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: NOne .:::., .... .. ;.:-:::: ::: ::' :.:,. ..::?'i :' lOc,:~i 'Approval of Loan to Rural Communities Housina Development Comoratior ':iiiiii?:il;ilifrom Fund 335 for LOW and Moderate Income Ho-using 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 1Od. Ado.Dtion of Resolution Revising and U.Ddating the City of Ukiah Guideline: for Implementation of the California Environmental Quality Act {CEQA) MIS Mastin/Malone to adopt Resolution 97-73 Revising the City CEQA Guidelines carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 11. CITY COUNCIL REPORTS Councilmember Chavez reported the Cinco de Mayo festivities went well over the weekend; she received positive comments on the event. Councilmember Ashiku had nothing to report. ..::.'?."~i::. Councilmember Kelly reported she met with Assemblywoman Virginia:;!~i~om.Martin, attended a meeting of the Redwood Empire Division of the Leagu~Of~lifornia Cities at Benbow, met with the City/County Committee on Air Qub~lity Issues; :aPPeared before the Board of Supervisors on behalf of the Mendocino Council of Governments (MCOG), and met with the Committee for the Arts and Recreatior~iCenter. Councilmember Mastin reported the Mendocinc~?:i:iSc)tid .Waste Manag~:~i::.AUihority reviewed four proposals for the Transfer Stationi':~ihe.attended an MCOG"Heeting as Chairman of the Mendocino Transit Authority, MTA hasPurchased a trolley which should soon be ready for use, attended his last Economi¢~:Dev~lopmeni:Financing Corporation meeting, and related the Big Brothers and Sisters.group is Sponsoring a beer and cigars fund raiser at the Hopland Brewery on Friday?:i Mayor Malone noted he attended a-G'~0d M;ining'i~iah:~::eeting several Northern California Railroad Authority meetings, and the Oakland'Museum is sponsoring a train excursion to Ukiah in order to visit the Grace:HudsonMuseum. 12. ,CITY MANAGER/DEPARTMENT-HEAD RE~0RT City Manager Horsley-'~:eported the'ilCommissioner Appreciation Dessert has been scheduled'for ;Saturday,.:June 7, ..1997, at the Grace Hudson Museum. 13. CLOSED SESSION ':"'~.i;:. G.C. Section ',54956.9 -:'Conference with Legal Counsel Regarding Existing, ..... a. Ukiah V, First MerChant, et al. San Mateo Sur)erior Court No. 398401 Th~i~iCouncil adjoumed:t© Closed Session in regard to the above-entitled matter at 12:31 ~i:i!:.May 8, 1997. NO action was taken. :iii!i~i:::::::.; ::::: ~?: ...... ,~'::!:.:~.. m~i~ili~CJil:"'readjoumed in open session to adjourn the meeting at 12:47 a.m., May 8, 1997. Colleen B. Henderson, City Clerk Regular Meeting - May 7, 1997 Page 9 AGENDA SUMMARY ITEM NO. DATE REPORT Sa May 21, 1997 SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF APRIL 1997 Payments made during the month of April 1997, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedules of Bills, representing the four (4) individual payment cycles within the month. Accounts Payable check numbers: 96016-96124, 96262-96450, 96588-96650, 77440-77441 Payroll check numbers: 96125-96261,96451-96587 Direct Deposit numbers: 1052-1162 Void check numbers: None This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1. RECOMMENDED ACTION: Approve the Report of Disbursements for the month of April 1997. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Gordon Elton, Director of Finance Coordinated with: Kim Sechrest, Accounts Payable Specialist Attachments: Report of Disbursements APPROVED! ' ' Candace Horsley, City ~,xnager AGENDA.WPD/krs CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF APRIL 1997 Demand Payments approved: Check No. 96016-96124, 96262-96450, 96588-96650, 77440-77441 FUNDS: 100 General Fund $80,757.05 660 140 Park Development $607.29 661 141 Museum Grants 663 142 National Science Foundation 9480.00 665 150 Civic Center Fund 975,531.23 670 200 Asset Seizure Fund 9834.06 675 201 Asset Seizure (Drug/Alcohol) 678 220 Parking Dist. Rev. Fund 9282.70 679 260 Downtown Business Improv. 911,260.78 693 300 2106 Gas Tax Fund 94,053.75 695 301 2107 Gas Tax Fund 92,001.00 696 312 Airport Master Plan Grant 697 332 Federal Emergency Grant 98,508.77 698 334 EDBG 94-333 Revolving Loan 95,010.00 800 405 Youth Services Ukiah 805 410 Conference Center Fund 910,211.92 820 550 Lake Mendocino Bond 900 555 Lake Mendocino Bond Reserve 910 575 Garage 97,242.63 920 600 Airport 91 6,841.23 940 610 Sewer Service Fund 950 611 Sewer Construction Fund 9275,207.07 960 612 City/District Sewer 9178,763.89 962 618 Flood Damages 965 652 REDIP Sewer Enterprise Fund 966 PAYROLL CHECK NUMBERS 96125-96261 DIRECT DEPOSIT NUMBERS 1052-1107 PAYROLL PERIOD 3/23/97 - 4/5/97 PAYROLL CHECK NUMBERS 96451-96587 DIRECT DEPOSIT NUMBERS I 108-11 62 PAYROLL PERIOD 4/6/97 - 4/19/97 TOTAL TOTAL TOTAL TOTAL Sanit. Disp. Site Sanitary Disposal Replace Countywide JPA Refuse/Debris Control U.S.W. Billing & Collections Contracted Dispatch Services Public Safety Dispatch MESA (Mendo Emerg Srv Auth) Clubhouse Renovations Golf Warehouse/Stores Billing Enterprise Fund Fixed Asset Fund Electric Street Lights Water Special Deposit Trust Worker's Comp. Fund Liability Fund Payroll Posting Fund General Service Community Redev. Agency Redev. Housing Fund Redevelopment Cap Imprv. Fund Redevelopment Debt Svc. DEMAND PAYMENTS PAYROLL VENDOR DEDUCTION CHECKS PAYROLL CHECKS DIRECT DEPOSIT TOTAL PAYMENTS VOID CHECK NUMBERS 938,124.43 91,407.73 9124,796.95 9740.43 9347.75 914,528.18 913,890.87 913,317.83 9499,589.90 99,086.50 923,441.70 918,200.92 9192,489.46 91,488.69 91,467.54 94.99 953.78 91,630,571.02 959,250.85 9215,515.56 9118,228.93 92,023,566.36 CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on City Clerk APPROVAL OF CITY MANAGER I have examined this Register and approve same. CERTIFICATION OF DIRECTOR OF FINANCE I have audited this Register and approve for accuracy and available funds. City Manager Director of Finance O~ I.-i ,~ rD . > I ~o UO 0 oooooo~o~o~ o~o~o~~ O'~u'~,D~.O0000C~4 ~ [---0~0~0~o~o,~)~o 0 0 00000 00000 00000 0000 0000 0000 0000 000 000 000 000 ooo oo oO oo oo oo 0 ~..-4 O0 o o oo OC~ 00000 00000 00000 00~0~ ~0~0 0~~ 0~000 0~~ z z~ o o 0 00~0 00.0 ZZ oomo uum~ Ii io ~~0 oo~0~ UU 00~0~ 00~0~ oo~o~ oo~o~ ooo 00o 000 . 0 ooo · ~0 000~ 0 0 .0 r-I . Ou"~ O0 O0 O0 ~U 0~ 0~0 ('q ~'-~ o oo o o O0 . o o · oo · oo OO U ~o OO ~ 0 0 ~ ~ ~0000 ~U~ ~U~ >~ HU 0 uzz ~ ~ ZZ O~ ~ 0~ OhO 0 ~-~ 0 0 O0 O0 oo o© oo o o oo I I oo 000000 000000 000000 o o o · o ,~o .o o . o 0 (DO 4c~4 o o o om .o co , 0'~o · o o c~o ~H · . oooooo oooooo oooooo ~oo~o ~o~o ooo~oo ooo~oo 0 0 ~ ~ ~ u ~ 0 u Oo Z 0 c~ ocr} Z~ > mm 0 O~ 0 Z u O0 mm ~~ O~ ~ ~0 ~ ~ u~ 0 0 ~XXXXXX ~o~~ oooooooo oooooooo OOOOOOO0 OOOOOOOO ~0 u"~ oo oo oo ~o~ 000 0 00000 00000 0000000 0000000 0000000 ~0~0 00~00~ 00~000~ ~000~ ~0 ~ ZZZ ZZ ~ 0 ~ UUU~ UUO 0 < >>> > o~oooo~o oooooooo oooooooo ~oooo~ ~oooo~ ~oo~ ooo~ooo o~oo~o ooo~ooo oo~~oo oo oo oo · , oo , · , o o o o ooooo 00000 00000 ~0~ 00~ 00~0~ ~0~0 ~00 ~0~0~ ~00~0~ ZH O~ © ZZZZO000 ~HHHH~~ ~~0000 ~0000~~ U ~~ HHHHH ~UUU~U > I ooo o ~ o o o ooo o o o ooo o o ooo o o 04 O OO O 04 {-... {.,.. ~ [-. [,.. o ooo ~ ~] ~ ~ ~ U oo oo oo o o oo oU u~ o o O ~ U ~ U · ~: o 000 0 0 0 ~0 0 0 ~ 0 000 0 0 0 000 0 0 0 0 000 0 0 0 000 0 0 0 0 0 O0 0 ~ 0 ~ ~ 0 ~ ~ 0 ~ ~ 0 ~ 00~ ~ ~ 0 ~ ooo o o o ooo o o o o ~ 0 0 ~ 000 0 ~ 0 0 HHHO H H 0000 ~ 0 ~ OOO~ ~ O O HHH~ ~ H I ~ 0000 0~ o~ oo o o o o · o~ oho · o co ('q o · ~ o U O~ ~o UO 0 ~u O~ Z~ > Z~ OZ Z~ 0 0 U H 0 0 ~0 ~0~ ~ZZZ >oou ~O · ~ © Z~ ~ 0 ~ ~m~ oo o Z~ ~ ~ 0 O~ 0~ ~000 ~ ~ H~ ~ H~ oo Oo o o o o 0404 [... [-. O0 ::~:: :~ f'q ,c~ i.n ~.D [-. 0404040404 00000 00000 00000 0 0 O0 O0 0000 0000 0000 0000 0000 0 0 0 04 U ~ U . o o O · i © ~> 00000 00000 00000 ~~0 oooo~ oooo~ o mmmm~o 0 ~ ~0 Z ~o 0 ~ o H o ~ ~ oooo ooo0 oooo oooo oooo 0000 ZZZZ 0000 U ~0~ O~ ~o Z 0 ~O ~ ~HHHHH ~Z Z H 'Z ~ Z O~ 0~~ ~M ~ HO0 0~ 000000 ~ >~ ~ ~ ~0 ~ ~ ~ ~~ ~ ~< ~ ZD O0 ~ O0 ~ ~ H H O ~ ~ ~ 0 HZ:' z 0 ZZ © mZ ZZZ UUUU ~0000 U~~ U~~ ~o > I 00000000000000000000000000000000000000000 00000000000000000000000000000000000000000 00000000000000000000000000000000000000000 00000000000000000000000000000000000000000 00000000000000000000000000000000000000000 00000000000000000000000000000000000000000 00000000000000000000000000000000000000000 0~00~0000~~~~~0~0~00~0~00~~ ~00~0000000000000000000000000000~0~0000 ~0~0~~00000000000000000000~~~0~ 000 000000000000000000000 00000000000000000 U o ~000 > 000000000000000000000 ZZZZZZZ~ZZZZZZZZ 0000000000000000 0 O0 OO oo O0 o o 0oo 0oo 000 00000 00000 00000 00000 oo~ 0000 0000 0 0 0 · .0 0 . 00 CD 0 Z I--1 Ur. nO U oo~ oo0 00o · 0 · o 00000 0 00000 0 00000 0 oo0oo ~ o0ooo o 000oo 0 ~H~ >>~>>> o U o o · o 0ooo o ~0 o0~ ~ o 00o~ o 0000 d 0 mmm o ~DD D 0 QQO0 0 Z U ~o~o~ o 0 ~ o o 0 o o o 0 o ~1 o · u') 0 0 0'~ ~ ~ 0 ~ · , 0 0 0 0 0 0 0 "~ ~ u) 0 r-a 0 CO {'"- ~ 0 0 u~ ~U O~ O~ ~Z Z 0~ ZOO ~ O~ Z U i 0 > I (DO O0 00 [-.. [-. 000 000 000 00 O0 00 00 o o o o oo o o D- D... co o o o o o o o o o oo o o oo oo 0'101 oo o o o o oo · o cD © · 000 0 O0 0 0 O0 ~ 000 0 O0 0 0 O0 0 000 0 O0 0 0 O0 0 0 000 0 O0 0 0 O~ 0 0 000 0 O0 0 0 ~ ~ 0 ~ ~ ~ ~ ~ O0 0 0 ~ o od ~ o ~ o o ~ 0 O0 0 0 ~ ~ 0 UH ~U O© 0 ~ o o 4~ ~ x ~0 ~ ~0 ~ ~ ~0 ~H~O ~ 0 ~ ~ 0 ~> ~ ~> ~ ~ m~> ~ ~o ~ ~ ~ ~ ooo ~ ~~ ~ ~ ~ ~ 000 ~ ~ ~ ~ ~ 0 O0 ~ o o ~ o · o ~1 , o ~ rq o © H oo o o oo · oo · · Z 0 ~O O~ > 000 H \ ~ o o OO oo oo oo 0o0oo0000 oooooo000 oooooo000 OO OO oo 0oo o00 ooo o o o o o o O~ o o o o o oo · o o o o o o OO o o o o UU© © ~00000000 000000000 000000000 0~00~00~0 ~o~ooo0o~ 0~~~o ooooooo~ oooooo~ ~ ~ ~ 0 0 0~0~ o o o 0 · o o · o o · o o o o ooo ooo · 0 ooo · 0 000 ~0~ · 0 ooo ooo ~U~ 0000 0~0 o o o o o o o o o 0 o o · o 0 0 · 0 ~ o o · ~UO >>> ooo ooo · U b0~ O~ ~o H "~ UO 0 > d U I U~ 0 o ~0 ~U O~ ~OOO ~OO o0o o00 ooo oo0 oo0 0000000000000000000 0000000000000000000 0000000000000000000 0000 O0 O0 O0 00 00 00 ooo ooo o0o ~ 0oo ooo 0 ~ ooo ~0~ 000 z ~d ~o~ oo~ U ~ ~> ~000~000000000000 000000000000000000 000000000000000000 ~000~0000~0000~00 ~~0~~00~~0~ 0~~00~0~0~~. 0~000~00~00~00~ ~0~~00~~~0 0000000000~00~00000 o ~0 mOO ~ om ~o ~mmm 0 ~ ~ o o o o o o o 0 · o O0 0 ~ ~U~ 000000000000000000 000000000000000000 oo ~Z zz Z o ~o o~ > I ~~0~ 00000000 00000000 00000000 0000 00000 00000 0~000000 0000~0~ 0~00~0~ 00000000 00~0~00 00000000 ~ z zz o oo 0 ~ ~ ~o~ ~ 0 ooooo o ooo0o 0 ooooo o 00oo0 ~ooo ~ooo0 o~ooo o o~0oo ~ o o~~ ~ zZZ ~ HHHHH0 ~ ~o (Jo 0 O~ E~o U . o > ~ 0 o 0 ~ . 0 co or~ i '~ 0 ' 0 > I ZO DO 0 ooo ooo ooo ooo ooo ooo u-) u"~ ~.~ ,,~ ,,~ ,~ ~om oo~o oooo oooo oooo ~o~ oo~ 0 oooo o ~~o~ oooooooo oooooooo oooooooo o o o Z 0 o o Z 0 0 ,,~ o o ,,~ oooo ~ o o o oooo o o o oooo o o o o oooo ~ ~ o ~0~ ~ ~ 0 0~00 0 0 ~ 0.0. · , . 0~00 ~ 0 0 0 ~~ ~ 0 ~ 0 OOOO ~ 0 0000~ ~ ~ 00000 0 0 0 ~ 00000 0 0 0 ~ 00~00~0~ 00000000 00~00~0~ 00000000 ~000000 000~000 o o o ~o~o~o 0 ~ 0 o 0 ~ O~ ~0 ~O ~000 0 o01 OZZZZ ZO d O~ 0 H ~ U ' 0 > I 0404 O CD O O CD O ~O~~~O~ OOOOOOOOOOOOO©OO 0000000000000000 0000000000000000 ,~ ~ OO o o oo 0~~ oo00oo o00ooo 0ooooo o 0 o · 0 · · 0 0 ~0 0000000000000000 0000000000000000 0000000000000000 0000000000000000 ~00~000~~~ ~0~0~~000~ 00000~00000000 0000~~000~00 000000000000000~ 00000000000000~0 oO O0 o o · oo (DO O0 00 © 0oo 0oo O o o · o · o · o o00 ooo 0oo .., ~ooo ~... 0000~ 0000~ 0000~ 0 Ou~ 0 O0 ~0 0 U H 0 ~H 0 0 0 0 · 0 > I ~~o oo00o0 oo0oo0 00oo00 o o o o o o 00 o o o o I I ~ ('~ OD CO CO CO ~~~0~~ 000000000~~ 000000000000000 000000000000000 000000000000000 ~ ~00~00 ~ ~o0~o o ~ D- 0 0 0 0 0 0 0 0 · o o , , o D o o o o o · o o o · o · o o · ~-~ 0 o ~00~00~00000000 000000000000000 000000000000000 ~0~0000~00~0 ~000~~00~0~ 0~0000~0000~ 0~00~~00~~ ~0~~00~0~ 0000000000~~0 0000000000~~0 O~ o ~o ZZZZZZ ~ mO00000 Z ~ ~ 0~ OH ~0 >~ ~o ~ ~ o ~ ~ d o ~000000000000000 ~o 0000000000 IIIIIIlill 0000000000 0 O0 0 CD 0 O0 0 0 0 (DO 0 0 ~~o oooooo oooooo Z 0 ~ t,.o o ,,~ o 0 oh o ,~ 0~ ,w, o o ooooooooooooo ooooooooooooo ooooooooooooo ooooooooooooo oo~o~o~~ ~oo~oo~oooo ~oooo~ooooooo ~oooo~oo~o 0000000000000 oooooo oooooo ~oo~ 0~000 0~000 ~00~ ~00~ O~ Z~UOUUUUUUUU O00~HH~~H 000~~~~ 0000000000000 000~~~~ ~UUUUUUUOUO000 H ~0 > I O0 o o oo oo0 oo0 ooo 0 c',,l ~.-I ["- 00 Oh u-) u") ~0 ~') ',.D k.O ~.0 0 0 000 0 ~-t r---I t--.I 0 C~ Oh 0'~ t"- CO 00'~ 0 0 0 CD 0 0 00 0 0 00 ~'~ o') ~'~ ~ p,. [--, O0 00 00 ('~ ["- o~~ ~0o0o 0o0o0 ooooo o0ooo ooooo o0o0o 00000 0 0 0 · 0 · ~-~ ,-I0 000 0 0 000 0 0 000 0 0 · 000 0 ~ ~ ~ o 000 g 0 ~ 0 0 zz~o m oo o 0 o 0 o o o o o r-t · 0 0 m> D o 0 © c~ © 00000 00000 00000 ~0000 0~00 00000 00000 ~ ~0 ~0~ mm ~ o ~" ~0 ~M ~ m O~ O~ · , ~ ~ ~ ~ oz o~ o. o O~ ~ ~M ~ ~ Z ~ 0 Do ~ H ~ ~ OHHH ~ ~ H~ ~ ~H~ ~ d zo o o u~ H O~ n~O Om or.4 H ~~0~ 000000000 000000000 ,~ ~'~ 00 00 (DO O0 000000 0 O0 0 000000 0 O0 0 000000 0 O0 0 00000 00000 000000000 ~00~00 00000~~ 000000000 000000000 ~ 000000 0 O0 0 0 000000 0 O0 0 0 000000 0 O0 0 0 000~00 0 O0 0 ~ ~O~O~ O ~ O O~O~O~ ~ O~ O o ooo®~o ~ ~o ~ 000~0 ~ ~0 ° ~OOOO OOOOO OOOOO 0~000 ~0~ 00~ ~OOO O O o ~00 OZZ ~00 O~ ~ ~ ~ .~ IHHHHHH ~H ~HH O~ 0~~ ~ 0~ ~ ~000000 ~ ~ ~ ~ o o ZOO000 ~0 H ~ L) > I ~0~~~~0~ 00000000000000000 00000000000000000 00000000000000000 0 0 t-4 ~ 0 0 0 0 0 0 0 0 0 0 0 0 ~0~0~~~ 000000000000000 000000000000000 000000000000000 ~0~000~00~000~00~ 0000000000000~0~ 000000000~000~0~ 000~0000000000000 0~00~0~00~00~0 000~0000~000~00~ 000000000000~0 000000000000000 000000000000000 000000000~00~0 ~~~00~0~ 00000~00~0000 ~00~~0~~0~0 000000000000000 ~00~~0~00~000 0'~ o 00000000000000 HHH~HHH H ~ >~ 000~000~00 O~ H~ H oo (Do cD o 0 0 0 0 0 0 oo oo oo oo oo oo o o o o oo o oo ~ oo o o o o o oo o oo o oo o o o o o ~ oo o oo o oo o o o o o ~ ~o o oo o oo o o o ~ o 0 ~ ~ ~ ~ ~ ~ ~ o o ~ oo o oo o ~ ~ ~ ~ ~ ~ ~ oo o ~o o oo o o o o ~ ~ o~ o ~ o oo ~ o o o ~ ~0 ooo , 0 ~0 0 U o o o · o · o o · o o o o o o o o o · 0 o o · oo · o o ~0 z o u'~ o o ~ o oo o D- o o u-~ ~ ooo o · . · o o 0 u Z 0 ~o > ou H U O~ > ~ z 0 ~ > ~ ~ 0 o o (DO (DO OO oo [-,.. p. 0000 0000 0000 0000 000 000 000 ¢~ 0 (:00 OhO 00~ 0000 0000 0000 ~0 00~ 0000 IIII ~'~ 00 O0 O0 00 O0 O0 00~ 0 0 0 0 Ohm kD r-.4 · 0 r.-..I · ou~ OO oo o o H H~ Oreo 0~ -lc 0000 0000 0000 0000 00~0 ~0~ 0000 00~0 ~~0 OO~O0 ooo ooo o0o ooo 0oo 00~ oo~ 00~ ~0 oooo oooo oooo 0o~o ~o~ oooo 0o~o ~~0 ["~ i o o ~0 [-40 On~ OD H ~ 0 O0 ~H OP~ O~ ~H o~~ 0~0~ 0 H~ 0 ZO O~ ~oooo O~ i '~ U ' > I 000000000000000000 000000000000000000 ~ ~:~ ~:~ ~ ~:~ ~ ~:~ 0 0 0 0 0 0 0 0 O0 0 0 0 0 O0 0 0 0 0 o o ooo o00 ooo~o~oo~oooooo~o oooo00ooo0ooo0o000 oooooooooooooooooo ~~~00~00~0~ 00~oo~0~~o~~ ~o00~0~00o~oooo 0~0000o0~ooo0~0000 o~ooooo~oo~o~oo U ~ U ~ m ,~mO r.z.1 ~ U 0 0'~ Oh 0 0 ~ ¢Nl 0 0 r-I ~D u'~ LD 0 (~ 0 ~ r-I ~-t 0 0 000 000 000 · , · · o 00~ 0~ ~oo O~ o oo O~ 0 -H 0 L) 0 < ~0 0 . o > I U 0 OU~O4¢~-I[~O~qOk¢[~[~[~O~O~(7~O040~:~;} 0 ,< OO oO o o CD 0 0 0 [-- [~ ooo oo0 oo0 o0o oo0 o ~"~ c~ oo~ 0o0 ooo0oo o00oo0 o0ooo0 ~0'~o o 0 ~--I o0o ooo oo0 ooo l~ u'~ ~"~ 00o OtOU o 0 o o o o o ~'~ ~~o~ o0ooo0 o0ooo0 0ooo0o o0oooo o 0 00 o o · . · . o o · . O0 O0 © ~> o0o · . ooo ooo 0o0 · . oc~o O~ 00'~ · 0 · ooooo 0oo0o ~o0~. oo~~ 0~~o o~00 ~~H O00~b ~ 0 U o 00 o o · o o . 0 ~ o o0"~ ~00000 000000 000000 00~000 000000 ~0000~ U Z 0 ~O O~ > O0 © U~ 0 lDO O~ ~ O0 0 ~ZZ~ZZ~ z>>>>>~ Z 0 Z~ 0 © ~UUUUU 000000000000 000000000000 000000000000 "~ ',~ ~ ~,D 0'~ ['-, ~ ~ ~'~ ~ ~'~ ~ {:DO 0 o 0 o 0 o 0 0 o o 0 o 0 o o o o 0 oo 000000000000 000000000000 ~000~000~000 ~0~00~000 o o o o ~ ,-I ,-~ ~1 o ~,D o o ~,~ 0 ~UUUUUUUUUUUU 0 > u 000000 000000 000000 000000 O0 O0 O0 O0 00~ 000 000 000 ~{~ 000 000 >>> UUU 0oo ooo oo0 oo0 00o o~0~o0 o00o0o 00o00o o0o00o oo00o0 ~0~o0 oooooo ~oo0oo ~ 0 O0 E~ U UU oo oo oo · o o · 0 OO H E~ ~E~O 0oo o00 0 o 000 000 000 ~00 ~ 000 000 000 ~ ~UU 000 D~ ooo~ UO o~ ~0~o o~ ~0 0~o~ ~~ z o O~ > ~HHHHHH 0~ ~z .0 ~ Z U O~ ~L1 z~ i ~U © 0000000 0000000 O0 O0 O0 ,-t u~ u~ O0 O0 O0 ,--t ~,'~ ~'~ O0 O0 O0 0 0 Oh 0 0 © ~~0~ 0000000 0000000 0~00~ ~o~oo0 o0o0o~o o~0o~ 0o0oooo ooooooo ~O~O ~ o~o0~o~ 0~0o~o~ o~oo~o~ o o 0 · o o o o CD O0 OO · 0 oo · H I 0 > > o o 0 · o · o 0,,I . oo · oo oo I-I U . 0 o o o .o ~-I . '4D o OO o o r,~ H U U O~ Oo 0 > 0 ~000000~ OU ~> 0 ~0 ~0 On~ 0 0 · ~ D-1H ~o 0 ' o I 0 0000 0000 IIII 0000 0000 00000000000000000000 00000000000000000000 00000000000000000000 00000000000000000000 00000000000000000000 00000000000000000000 0 0000000 000 0 00000000000000000000 0000 0000 0000 0000 0000 0000 0000 0000 0000 0000 oo~© U U 0~oo~ o~00~ ~~o 0000000000000000 000 0000000000000000 000 0000000000000000 000 0000000000000000 ~00 ~~~~000~0000~ 0000000000~0~~0~ 0~~0~00~~0~~ 000000000000~0~~0 00000000000~~~0 0 0 u'~ 0 0000 04040404 0000 ZZZZ ~0~ 00~0 ~0~ ~U~ ~ ~0 o00o0 000oo ~o~ o~o~ U {Jo 0 ~O Or~ > O~ ~> 0 0 0 UUUUUUUU~UUUUUUUUUUU ~00000000000000000000 0 ~UU 0 UO 0 0 000000000000000000000000000000000000000000000000 000000000000000000000000000000000000000000000000 000000000000000000000000000000000000000000000000 000000000000000000000000000000000000000000000000 000000000000000000000000000000000000000000000000 000000000000000000000000000000000000000000000000 000000000000000000000000000000000000000000000000 ~~~~~0~0~00~0~00~~0~~0~00~00~ 00000000~0000~0~~0~00~0~000~0~000~0~000~0 0000000000000000000000~0~0000000~000000~0~00 00000000000000 z z × × 0000000000000000000000000000000000 o o~ > ZZZZZZZZZZZZZZ 00000000000000 0000000000000000000000000000000000 E~O l...4 ,,~ U . > 000000000000000000000 000000000000000000000 000000000000000000000 000000000000000000000 O0 O0 O0 O0 ~~0 0000000 0000000 0000000 0000 0000 0000 000000000000000000000 000000000000000000000 000000000000000000000 00000000000000000000~ ~~~~00000~0~ ~0000~0000~~00~0 00~0~00~0~00~00000~0 0~~00~~00~000~0 000000000000000000000 oo oo oo · , oo , , · . oo oo ooooooo ooooooo ooooooo ooooooo ooooooo oooooo~ oooooo~ u 0 ~H > ~ZZZZZZZZZZZZZZZZZZZZZ ~000000000000000000000 ~0~ om 0~ ~ZZ U~H O4O4 00 O0 00 0~~~0~~~0~~ ~~~~0000000000~~ 0000000000~~~~~~ 00000000000000000000000000 00000000000000000000000000 00000000000000000000000000 UUUUUUUUUUUUUUUUUUUUUUOUUU O0 O0 00 0 · o . Z oo oo oo oo~ooooooooooooooooooooooo oooooooooooooooooooooooooo oooooooooooooooooooooooooo ~o~o~o~oo~oo~~o~ooo~ o~o~oo~o~~ooooo~o~oo~ ~~oo~~~oo~oo~o~ ooooo~ooooooo~ooo~~oo ooooooooo~~o~ooo~oooo~ ooooooooo~~o~~~ooo~ U o~ · oo ~0 ooo U 0 ~O O~ U 0 Z 0 O~ ~UUUUDUDUUUUUUDDUUUUDUUUUUD ~>>>>>>>>>>>>>>>>>>>>>>>>>> MUU 0 ~ O O Z 0 0 0 L) 0 i ~ rD · 0 > I O~ 0 00 o o o o 00 0000 0000 O0 O0 O0 O0 O0 ooo ~2~ ~ 000 0 000 O0 0 000 00000 000 0 000 00000 000 0 III ~ o~ ~~ ~ ~0 ~o~ ~ ~ oo~o ~ ~ 00000 ~ ~ ~ooo ~ ~ o0ooo ~ UUU ~~ U t~ ~ · 0 '~ o o o o · o o · 0 o · o o U U© © ooo o0o ooo o000 oooo oo00 0000 00~ ~000 ~000 00~0~ ~00~0 0~ OO oo oo · oo · ~0 00000 00000 00000 00000 000 ~~ 0~ 000 ~~ 0~ ~ 000~0 ~00 0 000 00000 000 0 ~ 00000 000 ~UU ~ ~ 000 ~0 ~~0 ~0 > ~~> ~> uu ~o~ ~oooo~ o~o~ u o ~o O~ > 0 O0 0 OUUHU O A oo ~ ~ Z 0~0~ UU O O > I 000000 000000 000000 000000 ~~0 ~ ~ ~ ~ 00000 0 O0 0 0 00000 0 O0 0 0 00000 0 O0 0 0 O0 000 O0 000 ~ O0 000 ~ o~ ~o U ~0~ 00~000 000000 U~UHU ~U~U~ ~U~U~ 00~000 ~ ~ 0 0 ~0~~ ~oo~ 00000 0 0 00000 0 0 00000 0 0 ~oo~ ~ o ~oo~ ~ o ooooo o o oooo~ o o U H HHHHH ~ ~ 0 ~ H o o o · o o · o o U © 0 co o'~ co H ~ ~0 d ~O00~U 0 000~ ~H HHHHH Z ~00000 O~ OD U~ oo oo oo 0~ o o o o o o o o o o o ¥¥ ~JO OOZ u Z 0 ~O O~ > Z 0 ~O mu ~0 O ~0 ~U ~U U~ ~ ~ OU U ~ ZZ ZOO .~ ZH ~ ~ ~ 0 Z ~H~ p-. u 0 ~O > 0000 0000 0 0 0 0 00 0 0 0 0 00 0 0 0 0 00 0 0 0 0 00 ~0~~ 000000 000000 000000 00 00 00 o o o o o o oooo oooo oooo oooo 0000 0 0 0 00 0 0 0 00 0 0 0 00 · . 0 0 ~ 00 0 u% ,-I u") ~ · 0 0 [" u~ 0 ["' .~ 0 01 ['- 00'% 0 ~ m ~ ~ 0 © 00~ ~ ~ ~ ~ ~ 00000 00000 0 ~0 0 0 0 000 02 0 0 r.4 000 "~ 0 LO ~ 0 O0 000000 000000 0 000000 0 o~o~ ~o~ooo ~ 000~00 ~ 0~00~ 0 ~~ 0 0 H H HZZ~ ~U~ ~0 UHU~R ~ U o o o o o o ~ i 0 o o (D 0 0 0 · 0 · 0 OX mZ u z > 0 ~o fo . o > I o o oo oo c00~ 0404 (DO (DO OO ooo ooo ooo o o o o o o ~0 ~ ~ ~H~ 0 ~ ~ ~ ~ 0 00~ ooo ooo o i..~ u-~ ~oo o~ · 0 ~UUO 0~ oooo oooo ~o~ ~ o o o o o o o o > o ~ ooo o o o o ooo o o o ¢q i.¢) o i.¢~ 00 o u O~ ~o ~ 0ol Z 0~ u ~Z 0 i © O Z ~OOO 0 ~ mm O~ O~ ~ii ~H HH ~ ~ Z~ ~ OZ ~ Z ZO Z~ ~u U . 0 > 0 o CD O O O O O O 0'10'1 P.D',- o o o o o o ~.-~ ~.--I ~.1 ~.-.I OOOO OOOO OOOO ~~0~~~ 0000000000000 0000000000000 IIIIIIIIIIIII OOOOOOOOOOOOO OOOOOOOOOOOOO XXXXXXXXXXXXX o 0 o o · o o oo OO O0 0oo ooo 0 o o o OO · O0 · 0 oo o0~o oooo 000o 00oo ~o~ 00oo 00o0 ~H~ 0 ~ 0000000000000 0000000000000 0000000000000 ~000000000000 0~00~0000~ ~00~000~~0 ~00~~0~~ ~0000000~00 ~00000~0~~ 0 Or4 > HHHH HHHHHHHHHHHHH 0000000000000000000000000 0000000000000000000000000 0000000000000000000000000 O0 O0 O0 O0 O0 00 00 O0 O0 O0 Z 00000000000000000000000~0 000o000000000000000000000 0000000000000000000000000 o00o000000000000000000~00 ~00~000~0~0000~~~ ~0~00~0~00~~00000~ 00000000000~0~~0~0000~0 000o00000~0~~00~~0 HHHHHHHHHHHHHHHHHHHHHH~H 0 oo oo · o o oo oo o o oo o o ~OUOOUUUUUOUUUUUUUUUUUUUUU HHHHHHHHHHHHHHHHHHHHHHHHH ~'~ kg o 0 o o o o o o o o L.o t-.-~ cN cq oo0 oo0 o00 ooo t-t t-.-I rH 000 I I I 000 I I I 000 I I I t-t ~1 t--t 000 000 000 000 00 00 00 00 ~0~~ 0000000000 0000000000 0000000000 0000000000 0 0 0 ~ ~-I , 0 ~-t . 0 u') 00 oo ~> ~-~ Oh o cqk0o · , o o 0 OOk.g O0 , · , 0 · , 0 m~ o ooo o00 o0o o o o 0 00 · 0 0 m 0 o o o 0 · o oooo~ooooo 0ooooooooo oooo00oooo o~ooo0oo~ ~~0~oo oooo00~o~ o~~o~o~ 0oooo0ooo~ ooo00ooo0~ O~ u~ ~0 H a~ D.10 O~mO~O~O~ ~~0~0~ Z 0 O~ 0 ~ o z O~ :>4 ~O rD , O I O ['- co oo oo (DO oo [... [... ooo ooo ooo ooo ooo I I I c0 m r-4 kD ~ c'4 I I I OOOOO OOOOO OOOOO 00000 HHH~ ~o~ ooooooo ooooooo ooooooo OOO00OO ,~ ,~ ,~ ooo ooo ooo ooo o oo oo o o ~. [-.. oo oo oo · . o o Dr._) 0 O40~0 · , r-~ o o o o o · o o · o o o o o o o · o · o · o u© OOOOO OOOOO OOOOO OOOOO OOO~O ~00~0 OOOOO HHHHH ~OOOOO~ OOOOOOO OOOOOOO OOOOOO~ ~O~O 00~0~ ~OO~OO O~OO~OO O~O~O U 0 U ~ ~ ooo ooo ooo oooo oooo oooo o o o · o .o o . ~.-{o o o oo H U O00h · 0 z z I d <00 l..,d D ~ 000 ~H- ~ ~ HUUU U 0 ~0 © L) Z 0 n~ Z~ > ~Z 0 00000000 00000000 00000000 00000000 00000000 0~0~000 00~0~000 ~0~0~ 0~000000 0~000000 ~0~0~ ~o > I U © ~U 0O3 > ITEM NO. 5b DATE: May 21, 1997 AGENDA SUMMARY REPORT SUBJECT: AWARD OF BID TO RINEHART OIL, INC. FOR SUPPLY OF PETROLEUM PRODUCTS FOR CITY FACILITIES SUMMARY: The City distributed bid documents to 5 petroleum jobbers for providing fuel to various City facilities. The City publicly advertised this bid in the Ukiah Daily Journal on April 27 and May 4, 1997. Three sealed bids were received and opened by the City Clerk on May 14, 1997. The lowest responsive, responsible bidder is Rinehart Oil, Inc. of Ukiah, California with a total bid of $27,274.12. The bid package indicates an estimated quantity of red-dyed (off-highway) diesel fuel to be burned during a one year period at the solid waste disposal site, the civic center (auxiliary generator), the water treatment plant, the waste\water treatment plant, and well no. 4. The price of fuel purchased under this bid will fluctuate with the average fuel rate per gallon as listed on the Oil Price Information Service (OPIS) for the San Francisco region. The OPIS rate for the week of April 17, 1997 was used as a base price for bidding purposes, continued on page 2 RECOMMENDED ACTION: Award the bid to Rinehart Oil, Inc. to provide petroleum products to the City for a one-year period. The estimated dollar amount of the fuel purchase is $27,274.12. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject all bids and direct staff to re- advertise for bids. Acct. No. (if NOT budgeted): N/A Acct. No.: various Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: Rick Kennedy, Director of Public Works/City Enginee_r, ,~-~' Prepared by: Rick Seanor, Deputy Director of Public Worksj~~ Coordinated with: Candace Horsley, City Manager Rick Kennedy, Director of Public Works/City Engineer Attachments: 1. Bid tabulation 2. FY 1996/1997 budget sheet APPROVED:~.. RJS:AGD~ESEL.sUMCandaco Horsley, City i~nager PAGE 2 AWARD OF BID TO RINEHART OIL, INC. FOR SUPPLY OF PETROLEUM PRODUCTS FOR CITY FACILITIES MAY 21, 1997 The petroleum jobber's markup price will not change throughout the duration of the contract. Please refer to the attached bid tabulation (which does not include taxes) for a comparison of the bids. Fuel purchased through this bid is either for landfill equipment or stationary equipment and therefore would not be purchased through a card lock facility. The total diesel fuel usage at the aforementioned facilities is 32,300 gallons per year. The solid waste disposal site is the single largest consumer of diesel fuel at 30,000 gallons per year. In reviewing the bids, Eel River Fuels, Inc. made an error in computing the total bid. The correct total for their bid is $30,504.12 as opposed to the sum of $30,534.80 on their bid form. Diesel Fuel Bid Tabulation Vendor Bid Amount Total Bid (per gallon) (for 32,000 gallons) Rinehart Oil Co. $0.8444 Ukiah, CA Redwood Oil Co. Ukiah, CA $27,274.12 Eel River Fuels, Inc. Ukiah, CA $0.8894 $28,727.62 $0.9444 $30,504.12 Lightel Petroleum No Bid Ukiah, CA No Bid Redwood Tree Service Station Ukiah, CA The above bids do not include applicable taxes. ITEM NO. 5c MEETING DATE May 21, 1997 AGENDA SUMMARY REPORT SUBJECT: PURCHASE OF ONE 1996 OR NEWER DEALER OR FACTORY DEMONSTRATOR TYPE-3 AMBULANCE The purchase of a replacement ambulance was authorized by the City Council in the 1996/97 fiscal year. The estimated cost of this purchase was projected to be $88,200. In the process of preparing bids for this purchase it was determined that a significant amount of savings might be realized if the department could purchase a late model dealer or factory demonstrator ambulance instead of a brand new one. Further exploration and review of this option by staff revealed that considerable savings could be realized, with no significant divergence from City of Ukiah design specifications. Three bids were received from three vendors. A comparison of the bids was made to determine if there were significant deviations from specifications, additional costs due to terms of delivery, discounts for timely payment and other factors that would be applicable in determining the bid that will best serve the needs and requirements of the City of Ukiah. Continued on page 2. RECOMMENDED ACTION: Award bid for purchase of the ambulance. ALTERNATIVE COUNCIL POLICY OPTIONS' Reject all bids and request re-submittal. (This option would likely increase cost of purchase due to unavailability of demonstrator ambulances at time of re-submittal; increase estimated at $1,000 to $4,000.) Acct. No.: N/A Acct. No.: 100-2101-255-006 (if NOT budgeted) Appropriation Requested: N/A Citizen Advised: N/A Requested by: Fred W. Keplinger, Director of Public Safety Prepared by: Roe M. Sandelin, Operations Commander/Deputy Chief i~,,._~... Coordinated with: Candace Horsley, City Manager Attachments: Bid Tabulation; Quotations (3); and, Bid Analysis (to ¢o'l'iow) APPROVED BY AGENDA SUMMARY REPORT PURCHASE OF ONE 1996 OR NEWER DEALER OR FACTORY DEMONSTRATOR TYPE-3 AMBULANCE MAY 21, 1997 PAGE 2 Initially, staff intended that purchase of this ambulance be made as a lease/purchase. Funding for this lease/purchase was set aside in Fund 698. After review by Finance Department staff, outright purchase of the ambulance utilizing internal funding sources saved the cost of financing and provides a better choice for this purchase. Specific information pertaining to outright purchase utilizing internal funding sources is being prepared. The bid opening was performed at 2:00 p.m., Thursday, May 15, 1997. Analysis of bids is still being prepared. Additional information about purchase funding and bid analysis will be delivered to each Councilmember at the beginning of next week. It is important to proceed quickly in this matter of ambulance purchase because the supply of demonstrator ambulances is subject to change without notice. ITEM NO. 5D DATE- May 21, 1997 AGENDA SUMMARY RE PQRT SUBJECT- CONSIDERATION AND APPROVAL OF AGREEMENT WITHMANAGEMENT UNIT FOR TEMPORARY REDUCED (TIERED) LEVEL OF WORK SCHEDULE, SALARY, AND BENEFITS Two Management Unit employees have requested that they be allowed to reduce their work schedule, salary, and benefits due to personal reasons on a temporary basis. Due to the current budget constraints of the City, the City Manager has met and conferred with representatives of the Management Unit regarding an agreement for a temporary "tiered" level plan. The Management Unit has ratified the agreement and the agreement is being submitted to Council for its review and consideration. Staff recommends that the City Council approve the agreement and authorize the City Manager to enter into the agreement with the Management Unit. RECOMMENDED ACTION- Consider and Approve Management Unit Agreement and Authorize City Manager to Execute Agreement. ALTERNATIVE COUNCIL POLICY OPTIONS- 1. Do not approve agreement. 2. Refer to Staff for amendments. Appropriation Requested- N/A Citizen Advised- N/A Requested by- N/A , ~j Prepared by- Kari Revheim, Personnel Officer Coordinated with- Candace Horsley, City Manager Attachments' Proposed Agreement APPROVED- 3: MOU\ASR .AGREE Candace Horsley, ~ity Manager ITEM NO. 5e DATE: May 21, 1997 AGENDA SUMMARY REPORT SUBJECT: REPORT OF PROPOSAL RECEIVED FOR PROVIDING FUEL CARD LOCK SERVICES AND AWARD OF SERVICE AGREEMENT FOR SAME SUMMARY: On February 19, 1997 the City Council awarded service agreements to both Eel River Fuels and Rino Pacific to provide fuel purchase through card lock facilities. Since then both service agreements have been executed. Staff has obtained vehicle and driver information as well as card lock vendor preference from the various City departments. The Public Safety department has requested that card lock facilities be re-evaluated to allow single-card lock systems the option to compete for a fuel card lock service agreement. In particular, this would allow Redwood Oil Co., with facilities at 50 Lake Mendocino Drive and 1099 South State Street to be considered. By allowing a single card system to be utilized, Public Safety Department staff would not experience the commute times necessary to utilize the Eel River Fuels and Rino Pacific card lock facilities. The other card lock vendors are Continued on Page 2 RECOMMENDED ACTION: Award service agreement to Redwood Oil Co. to provide fuel card lock services for purchase of fuel products through June 30, 1998 and authorize the City Manager to execute the service agreement. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Reject the proposal, terminate the service agreements with Rino Pacific and Eel River Fuels, and continue with providing fuel at the City corporation yard, including proposed upgrades to the underground fuel storage tank system. Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: Prepared by: Coordinated with: Attachments: Acct. No.: 575-5801-450-000 (if budgeted) Rick Kennedy, Director of Public Works/City Engineer Rick Seanor, Deputy Director of Public Works~,J[.. Candace Horsley, City Manager Rick Kennedy, Director of Public Works/City Engineer 1. Card lock proposal tabulation 2. Fiscal Year 1996/1997 Budget Sheet (~andace Horsley, City 5anager RJS:AGCRDLOK. SUM Page 2 May 21, 1997 Report of Proposals Received for Providing Fuel Card Lock Services and Award of Service Agreement (s) for Same located north of Ukiah. Eel River Fuels is located at 3371 North State Street and Rino Pacific is located at 2401 North State Street. At the request of the City Manager, staff mailed Requests for Proposal (RFP), revised to allow single card lock systems, to 5 petroleum jobbers on April 30, 1997. One sealed proposal was received and opened on May 14, 1997. Please refer to Attachment "1" which compares the new proposal from Redwood Oil Co. with the two prior proposals from Eel River Fuels and Rino Pacific. Please note that Eel River Fuels and Rino Pacific are evaluated with the same fuel quantities and Oil Price Information Service (OPIS) base rates as Redwood Oil Co. Eel River Fuels and Rino Pacific did not respond to the April 30, 1997 RFP since they already have signed agreements with the City for fuel purchase through their card lock systems. All three vendors have indicated that they can meet the City's performance criteria as listed in the RFP. Eel River Fuels and Rino Pacific can operate their card lock systems with either single or double cards. Redwood Oil Co. operates with a single card system. With a single card system, the fuel card stays with the vehicle and can be used by an employee with access to the security code. The two card system allows for greater security and allows the City to determine which employee actually made the fuel purchase. With a two card system both cards must be used together which provides added security in the event that a card is misplaced. A single card system can be monitored for security by comparing a vehicle's fuel consumption with its known mileage rate per gallon. Utilizing a fuel card lock system will allow the City to proceed with its plans to remove its underground fuel storage tanks prior to December 1998 rather than implement costly upgrades. Due to the high groundwater in the vicinity of the corporation yard and the expense to upgrade the storage tanks, staff is recommending that the City contract for fueling at card lock facilities and contract for the removal of its underground fuel tanks. The proposal package indicated an estimated quantity for each of three petroleum products for the remainder of the current fiscal year and the entire fiscal year of 1997/1998, thirteen months. The price of fuel purchased under this bid will fluctuate based on the average fuel rate per gallon as listed in the OPIS for the San Francisco region. The OPIS rates for the week of April 17, 1997 were used as base prices for this recent proposal. The dealer's markup will not change throughout the duration of the contract. RECOMMENDATION Staff recommends that the City Council award a service agreement to Redwood Oil for purchase of fuel through a card lock system. This will allow departments the greatest flexibility in choosing their security requirements as well as convenience of fueling locations. ITEM NO. DATE - 5F May 21, 1997 AGENDA SUMMARY REPORT SUBJECT- RECEIVE REPORT REGARDING ESTIMATED COSTS FOR EMPLOYEE RETIREMENT Staff has been researching various options to reduce expenditures in the General Fund. As the Council is aware, personnel costs make up a large percentage of the General Fund. In an attempt to avoid or reduce the number of employee lay-offs, staff is recommending that the City offer an early retirement ("golden handshake,,) to one employee at this time. We are currently proposing that a golden handshake be offered to the classification of Building Official. There is only one employee in this classification. The retirement offer would increase the employee's years of service by two years. We propose to reclassify our current Code Compliance Officer/Plan Checker to Building Inspector and eliminate both the Building Official and Code Compliance Officer/Plan Checker positions. The code compliance and plan checking duties would then be integrated into the duties and responsibilities of the Building Inspector position. The estimated annual savings of eliminating two positions and reclassifying one employee would amount to $64,807. The City's estimated one-time cost to PERS for the additional two years of service credit included in the employee's retirement benefits would be $27,794. (Continued on next page) RECOMMENDED ACTION- Receive and file report. ALTERNATIVE COUNCIL POLICY OPTIONS- 1. Do not receive and file report. 2. Refer to Staff for additional information. Appropriation Requested- N/A Citizen Advised- N/A Requested by- N/A ' Prepared by- Kari Revheim, Personnel Officer~0~ Coordinated with- Candace Horsley, City Manager Gordon Elton, Finance Director Attachments- 1. Estimated cost analysis. Candace Horsley, ~ity Manager 3: PER\ASR. COSTS SUMMARY (Continued) We have agendized consideration of the golden handshake for the Building Official classification for the June 4, 1997 Council meeting. Additional information will be provided at that time. To comply with Government Code Section 7507, the City is required to provide the estimated costs of the proposed golden handshake to the public at a public meeting two weeks prior to the adoption of a resolution. The estimated cost analysis prepared by the Finance Director is attached for your review and for the purpose of providing public information. No action by the Council is necessary at this t~om~t. Staff recommends only that the Council accept the estimated analysis which is provided. The proposed resolution will be provided to the Council for its review and consideration at your June 4 meeting. 3: PER\ASR. COSTS O0 Z --.,4 0 0 0 0 0 ITl Z --I AGENDA SUMMARY ITEM NO. 5g DATE' MAY 21, 1997 REPORT SUBJECT: ESTABLISHMENT OF A TWO HOUR LIMITED PARKING ZONE ALONG THE SOUTH SIDE OF MILL STREET BETWEEN SOUTH STATE STREET AND MAIN STREET Submitted for the City Council's adoption is a resolution which would, if adopted, establish a two hour limited on-street parking zone along the south side of Mill Street between South State Street and Main Street. The Traffic Engineering Committee received a request from Lillian Welch, proprietor of Lillian's Day Spa located at 125 East Mill Street, for a two hour limited parking zone in front of her business. This request was made because other businesses in the immediate area are utilizing the sparce on-street parking for long-term parking. This according to the requestor is impacting the parking needs of her patrons. Because of the narrow curb to curb width of this section of Mill Street, on-street parking on the north side has been prohibited. Public Works Staff recommended that the entire south side of Mill Street between South State Street and Main Street be restricted to two hour parking. After considering the land uses and parking needs of all the businesses along this portion of Mill Street, the Traffic Engineering Committee recommends to the City Council that the entire block on the south side of Mill Street be restricted to two hours on Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. excluding Holidays. The cost of the sign posting will be absorbed by the Street Department budget account for General Supplies, 100-3110-420. RECOMMENDED ACTION. Adopt Resolution Establishing a Two Hour Limited Parking Zone along the South Side of Mill Street between South State Street and Main Street. ALTERNATIVE COUNCIL POLICY OPTIONS: 1) Return matter to Staff for the preparation of a resolution establishing a two hour limited parking zone along the frontage of 125 East Mill Street. 2) Make no change to existing long-term parking situation on this locale. Appropriation Requested: Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Account No.: 100-3110-420 All businesses in the vicinity of this portion of Mill Street. Traffic Engineering Committee Rick H. Kennedy, Director of Public Works/City Engineer Candace Horsley, City Manager 1. Resolution Establishing a Two Hour Limited Parking Zone along the south side of Mill Street between South State Street and Main Street APPROVED: .... ' n ,./~ Candace Horsley, Cit R: 1 \PW:kk ALILLIANS Manager 1 5 6 ? 8 9 10 11 12 13 14 15 16 19 20 21 25 27 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAtl ESTABLISHING A TWO HOUR LIMITED PARKING ZONE ALONG THE SOUTH SIDE OF MILL STREET BETWEEN SOUTH STATE STREET AND MAIN STREET WHEREAS, the Ukiah City Council may establish restricted on-street parking on certain streets or portions thereof during all or certain hours of the day pursuant to the provisions of Section 22507 of the California Vehicle Code; and WHEREAS, the Traffic Engineering Committee received and reviewed a request from the owner of the business located at 127 East Mill Street for a two hour limited parking zone in front of the business; and WHEREAS, the Traffic Engineering Committee recommends that the entire block on the south side of East Mill Street between South State Street and Main Street be restricted to two hour parking, Monday through Friday between the hours of 8:00 a.m. to 5:00 p.m., excluding Holidays. NOW, THEREFORE, IT IS HEREBY RESOLVEi~ by the Ukiah City Council that the on-street parking along the south side of Mill Street from South State Street to Main Street be limited to two hours on Mondays through Fridays between the hours of 8:00 a.m. to 5:00 p.m., excluding Holidays. /// /// /// /// /// /// 1 9. 5 ? 9 10 11 19. 13 14 15 16 17 18 19 20 21 9.2 25 9.6 9.7 PASSED AND ADOPTED this roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Colleen B. Henderson City Clerk B:I kRF~! :KK MILL,$T.LP day of , 1997, by the following Sheridan Malone Mayor ITEM NO. 7a DATE: May 21, 1997 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION OF HERBICIDE SPRAYING BY CALTRANS At the April 2, 1997 meeting, the City Council requested that a public hearing be scheduled to discuss herbicide spraying of the freeway rights of ways within the city limits. Rick Knapp, District Director of Caltrans District 1, will be in attendance at the meeting to discuss the current vegetation program and future use of herbicides by Caltrans on the state highway system. I am including in this report, information from Mr. Knapp regarding the Caltrans Vegetation Management Program for Council's review before the public hearing is held. In addition, there is a letter attached for your review from Dave Bengston, Agricultural Commissioner, to the Board of Supervisors, regarding state mandates on Agricultural Commission duties and the requirement for prevention and abatement of certain plants and pests. It should be noted that Caltrans currently sprays two times a year along the Hwy. 101 corridor, and applies .2% (.002) of the poundage of pesticides applied in Mendocino County. (Continued on Page 2) RECOMMENDED ACTION: Council conduct public hearing and provide direction relative to herbicide use in Caltrans' Rights of Ways ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine public hearing should be held, and continue matter to future meeting for final resolution. Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: Caltrans Prepared by: Attachments: Acct. No.: (if budgeted) Candace Horsley, City Manager 1. "Presentation to Mendocino County Board of Supervisors Meeting" of January 28, 1997 2. Letter, dated February 19, 1997, from Dave Bengston 3. Information regarding Geotextile Roadside Weed Control Mat 4. Notification, dated March 10, 1997, from Department of Transportation 4/Can. ASRHerbl.Cal Can-Eace Horsley, Oit~"M~ager The following information is a summary on the Distdct Vegetation Management Program as provided by Rick Knapp. "Caltrans has prepared a comprehensive EIR on its Vegetation Management Program. The EIR included an analysis of all viable vegetation control methods in order to establish a comprehensive program that is safe. We are following the program certified in that EIR and use only herbicides licensed by the Federal and State EPA's. Even though the analysis showed there is no risk in the use of the chemicals we use and the way we use them, as part of the EIR, Caltrans committed to a 50% reduction in herbicide use by the year 2000, and an 80% reduction by the year 2012. Statewide chemical use has been reduced 32%, and in Distdct 1 alone, reduction is approximately 36%. The Vegetation Management Program is one that focuses on safety. It is intended to reduce potential for fire; to improve the visibility of safety devices; and improve site distance, making it safer for the traveling public and highway workers. The Management Program is an integrated program that involves manual, mechanical, cultural, and chemical methods. We do a segment-by-segment analysis for every route, using specific criteria to determine where vegetation management is required and the appropriate methods. Approximately 70% of vegetation control is by non-chemical means. It is important to recognize that it is impractical to control vegetation in some areas by manual or mechanical means; e.g., around signs and guardrails. Each year, each District prepares an annual Vegetation Control Plan in which proposed methods are delineated. The approach is flexible because we consider the full range of options, constraints, and concerns when establishing the strategy to use. In establishing the strategy we consider local issues and work with local agencies, water districts, school districts, and citizens, to determine if there are specific areas of concern that require special treatment; e.g., bus stops, watersheds to wells, drainage ditches, etc. Caltrans is committed to an 80% reduction by the year 2012. The reason for the phased reduction is to allow development and implementation of alternatives to reduce the need to control vegetation and to experiment with and develop Iow-growing native species in the rights of ways. To respond to the need for alternative strategies, Caltrans, on a state-wide basis, has been working with a consultant and two advisory committees to development strategies to reduce the need for vegetation control. Approximately 50 strategies have been evaluated. We have a public advisory liaison committee assisting with representatives of virtually every type of interest group with a stake in our Vegetation Management Program. Implementation of these strategies will take place but will take some time. The idea is to reduce the inventory of acreage requiring vegetation control. To better respond to the concerns in District 1, I have established a District Roadside Vegetation and Management Advisory Committee, which will serve as a way to better respond to areas of concern and to provide mutual education and facilitate the discovery and use of the best possible vegetation management techniques. This idea was suggested to me by the organization, Californians for all Alternatives to Toxics. The committee will have a wide range of interests and geographical areas represented, including opposition groups, agricultural, WQCB, state parks, CDF, Native Americans, Native Plant Society, watershed management, etc. There are 14 members and all counties in District 1 are represented." Also included for Council's information is the Ukiah Daily Journal article of April 9, 1997, which discusses the County Supervisor's return to herbicide spraying with some conditions. The letter to the Board from the Agricultural Commissioner basically states that he has a responsibility, not only under the Mendocino County Code but also the California Food and Agricultural Code, regarding plants and pests which are public nuisances and are subject to prevention and abatement. Within the County there are several sites which are infested with noxious weed pests and they must destroy the weeds in order to control the infestation. Their current problem is with the skeleton weed, which can only be controlled by herbicides. If you attempt to dig up the plant, each plant will multiply ten- fold because any root fragment left in the ground will produce a new plant. These are all considerations that must be determined and alternative methods or procedures carefully calculated and analyzed before action is taken. Caltrans appears to be working diligently with their committees and their studies to produce such an effect in the Caltrans' rights of ways. Also included for the Council's information, is an article on a geotextile roadside weed control mat, which is an alternative to spraying, which is being considered by the Texas Department of Transportation. Caltrans Director Rick Knapp will be bringing additional information to the Council and will be prepared to discuss any questions you may have on his presentation. 05t14/97 WED 11'03 FAX 445 6314 RSK 1/27/97 EXEC OFFICE DRAFT Presentation to Mendocino County Board of SUpervisors Meeting January 28, 1997 I appreciate the opportunity to respond to concerns of your Board regarding the Caltrans Vegetation Management Program, specifically on the use of herbicides. I think this is a better place for an exchange of information or debate than the newspapers. And, hopefully, we can separate some of the fact from fiction. I have had the pleasure of discussing this subject with some of you already. And, I also encourage you to call me any time you wish to discuss this subject or any other issues. By letter dated December 10, 1996, your Board asked that I discontinue use of herbicides in Mendocino County. in responding to your letter, I indicated that I was not prepared to discontinue use of herbicides. In doing so, i hope you will not conclude that I am insensitive to your concerns or your constituents that oppose the use of herbicides. I'd like you to consider the following points. For some of you, I know a portion of this will be redundant as Marry Van Zandt addressed your Board on this subject in $uly 1996. Since a voluntary suspension on the use of herbicides was instituted in 1989, Caltrans prepared a comprehensive EIR on its Vegetation Management Program. The EIR included an analysis of all viable vegetation control methods in order to establish a comprehensive 05/14/97 WED 11:04 FAX 445 6314 EXEC OFFICE E -2- 003 program that is safe. We are following the program certified in that EIR and use only herbicides licensed by the federal EPA and State EPA. Even though the analysis showed there, is no risk in the use of the chemicals we use .in the way we use them, as part of the EIR, Caltrans committed to a 50% reduction in herbicide use by the year 2000 and an 80% reduction by the year 2012. Statewide chemical use has been reduced 32 % from pre-EIR usage. In District 1., reduction is approximately 36%. [Show Copy of EIR] · Should individuals have a concern about any of the licensed chemicals or their applications, I urge them to raise their concerns to the Department of Pesticide Regulation. The Roadside Vegetation Management Program is a program with a focus on safety. It is intended to reduce potential for fire, to improve the visibility of safety devices, and to improve sight distance making it safer for the traveling public and highway workers. It is ironic that it is also 'a safety concern that causes herbicide use to be so controversial. I would like to clarify that we reinstituted herbicide use in 1993, contrary to some reports that we just started spraying again last year. I'd like to point out that manual and mechanical methods are not without health risks. Equipment emissions, particulates, allergens, as well as vehicle traffic, all contribute to the health and safety risks of manual and mechanical methods. 05/14/97 WED 11'05 FAX 445 6314 EXEC OFFICE E ~004 -3- The District Vegetation Management Program is an integrated program that involves manual, mechanical, cultural, and chemical methods. We do a segment by segment analysis for every route, using specific criteria to determine where vegetation management is required and the appropriate methods. Approximately 70% of our vegetation control is . F" ~ol3 , by non-chemical means, t~V~,.~ "~a ~ [~,.e_ 14 ~.~t~5 'ta~.t. ~ It is important to recognize that it is impractical to control vegetation in some areas by manual or mechanical means (e.g., around signs, guard rail). Each. year, each District prepares an Annual Vegetation Control Plan in which proposed methods are delineated. [Show Plan] I say our approach is flexible because we consider the full range of options, constraints and concerns when establishing the strategy to use. In establishing the strategy, we eonsidei' local issues - - we work with local agencies, water districts, school districts, and citizens to determine if there are specific areas of concern that require special treatment (e.g., bus stops, watersheds to wells, drainage ditches, etc.) The Caltrans Vegetation Management Program is not a County by County Program; it is a Statewide program, involving all State highways. It is a flexible program where the most appropriate strategy for each segment of highway is applied. Some have suggested that if Caltrans is committed to an 80% reduction by the year 2012, why not cut it to that level now? The reason for the phased reduction is to allow development and implementation of alternatives to reduce the need to control vegetation (i.e., pave Under 05/14/97 WED 11'05 F~ 445 6314 EXEC OFFICE E ~]005 guard rail and around sign posts; experiment with and develop low growing native species, refinement of intelligent spray equipment, etc.) We have experimented with steam, which didn't work. We are increasing our use of mulches to reduce areas .requiring spraying. To respond to the need for alternative strategies, Caltrans, on a statewide' basis, has been working with a Consultant,/ones & Stokes Associates, and two advisory committees to develop strategies to reduce the need for vegetation control. Approximately, 50 strategies have been evaluated. I am serving as the Chairman of the Caltrans Roadside Vegetation Management Committee developing this. We have a Public Advisory Liaison (PALs) Committee assisting, with representatives of virtually every type of interest group with a stake in our vegetation .management program. This report will be completed by the end of this. month. [Show "New Perspective"] Implementation of these strategies will take time. The idea is to reduce the inventory of acres requiring vegetation control. To better respond to the concerns in District 1, I have established a District Roadside Vegetation Management Advisory Committee which will serve as a way to better respond to areas of concern and to provide mutual education, and to facilitate the discovery and use of the best possible vegetation management techniques. The idea was suggested to me by the organization Californians for Alternatives to Toxics. The Committee will have a wide range of interests and geographical areas represented, including opposition groups, agriculture, WQCB, State 05/14/97 WED 11:06 FAX 445 6314 E ~006 EXEC OFFICE -5- Parks, CDF, Native Americans, Native Plant Society, water shed management, etc. There are 14 members, and all counties in District 1 are represented. I want to emphasize that if Mendocino County and its residents want reduced herbicide use, there are ways to help. For one, for the last 2 years, we have not been able to get the Mendocino County Sheriff's Ofrice to participate in an inmate work crew program, even though Caltrans pays for the Deputy, equiPment and materials. All of our other counties in District 1 are participating. This .is critical if we are to. reduce areas requiring chemical application. I have been quoted as saying this would eliminate the need for herbicide spraying. I did not say this. I said it would reduce the need. Another method - Residents can get a no cost encroachment permit to permit them to control vegetation in the Caltrans right of way a~butting their property. As I indicated in my letter to you, I do not agree with the concept presented in the form letter sent to 1500 residents in Mendocino County suggesting applicants would only control vegetation if Caltrans sprays. Otherwise, they would not. That is a self-defeating approach. If One is opposed to spraying, it does not appear that requiring it as a prerequisite is at all appropriate. [Add information to date to Encroachment Permits] · At this point, I would like to respond to any questions you may have. 05/1'4/97 WED 11'07 FAX 445 6314 EXEC OFFICE E TAI,KING POI~'r$ For Mendocino County Board of Supervisors Presentation 1/28/97 007 According to Cai-EPA, DPR, Caltrans applies 0.2 of 1% of the poundage of active ingredients of pesticides applied in Mendocino County in 1995. Caltrans maintains approximately 4700 acres of roadside vegetation in our right of way. The 96/97 plan calls for 1500 acres (32%) to be treated with herbicides. Caltrans herbicide applicators are trained and certified (by CDPR). Every person on spray crew is required to go through 16 hours of training annually. We have state-of-the-art equipment (computerized injection systems). We spray only the amount required to wet the vegetation with no runoff. Caltrans takes serious its obligation to use only State-approved herbicides and to apply them in the way prescribed. We have received several letters from people taking issue with Charles' Peterson's form letter, asking that we increase use of herbicides.. If I were to agree not to spray along our highways in Mendocino County, how do I respond to someone in Humboldt or Lake County that asks the 0511419? .: ~.' WED 11'07 FAX 445 65L4 EXEC OFFSCE Talking Point~ (Cont'd) same question? it must be recognized that like other agencies, we do not have unlimited resources. Manual methods along 'guardtails on narrow 24ane roads would require labor intensive 'efforts and t/'affic control which is not practical, affordable, or acceptable. Procedure: Drive through before applying, review list of exclusions, review for pedestrians, flowing water, etc. Have 4 vehicles; moving operation at 10'mph or less. No traffic control required.' Mechanically, requires one month to mow all of Route 1, while chemically Would take one week. Contrary to reports, we. did not "just start spraying again." District 1 began herbicide applications in May, 1993, following certification of the EIR. We began spray operations on Route 1 in May, 1994. Caltrans has a special Spray Hotline, _441-5834, with information provided at least one week in advance. We try to provide longer notice, but can't ac. curately predict in winter. Safety concerns of chemical use, report to: California Department of Pesticide Regulation. 1020 "N" Street, Room 100 Sacramento, CA 95814 MAY-IJ-1997 ! 09:14 MENDOCINO COUNTY P. 02×04 February 19, 1997 TO: Charles Peterson, Chairman, 5th District Supervisor Michael Delbar, 1st District Supervisor Richard Shoemaker, 2nd District Supervisor John Pinches, 3rd District Supervisor Patti Campbell, 4th Distict Supervisor SUBJECT: COUNTY HERBICIDE MORATORIUM, the MENDOCINO COUNTY CODE and STATE MANDATES REGARDING AGRICULTURAL COMMISSIONER DUTIES The sixty-day County herbicide moratorium is in conflict with Mendocino County Code, Chapter 10A.08, Protection Again.q Plant Pests (attached) and my state mandated duties as they pertain to the control and eradication of pests (California Food and Agricultural Code, Several sections, but in particular, Sec 5401, Chapter 6.) The County Code is based in large part upon state mandates. What county law and state laws both state, is that any pest (pest includes: plants, animals, viruses, bacteria, etc.) is a "public nuisance" and shall be treated as such. This means it shall be subject to prevention, abatement and prosecution, etc. Keep in mind that these mandates are not simply for the protection of agriculture. My powers and duties extend to protecting the natural environment, native plants and wildlife, etc. For your information, the last significant era&cation project that we conducted, we used herbicides to eradicate plants that were harboring mites which were the main vector of a virus which threatened some native species of plants. There was no agricultural industry involved. There are currently several sites along county and state roads and in other parts of the county infested with noxious weed pests. There are no emergencies at this time for which cause my office needs to spray during the moratorium. Beyond the sixty day moratorium, if the moratorium were to be extended, there could be major conflicts between it and the legislative mandates. One example of an existing problem is an infestation of Skeleton Weed, LYgodesrnia.iuncea, along one of the state highways. It can only be controlled by the use of herbicides. One more year is probably all that it will take to eradicate. If we were attempt to dig up these plants, each plant would multiply approximately tenfold because each root fragment left in the ground would pro duce a new plant. Last year, my department used about a quart of material countywide to eradicate noxious weeds not established in the county. If left unchecked, agencies and private property owners would use thousands of times more herbicides to fight these weeds. Several federal and state agencies, the Agricultural Commissioners Association and private parties recently entered into a Memorandum of Understanding for the purpose of controlling noxious weeds (see attached first page of MOU only). Some of the participants in this endeavor include the California Native Plant Society (CNP$), and the California Exotic Pest Plant Council (CalEPPC). These agencies and groups are present in Mendocino County and have a vested interest in any final decision. MENDOCINO COUNTY P.03/04 April 29, 1997 TO: Charles Peterson, Chairman, Supervisor District 5 Michael Delbar, Supervisor District I Richard Shoemaker, Supervisor District 2 John Pinches, Supervisor District 3 Patti Campbell, Supervisor District 4 SUBJECT: IPM Grant Program Report as per April 8, 1997 Meeting At the April 8th BOS's meeting it was reported by Els Cooperrider that the Department of Pesticide Regulation (DPR) has an Integrated Pest Management (IPM) Orant Program, and in addition, that DPR currently has a huge surplus of money. The BOS requested that staff investigate these monies and report back to the Board. There are surplus funds, but they are not available for the IPM Grant Program. It is not possible to apply for a grant at this time. The next RFP will probably go out in August with a due date of November for proposals. DETAILED EXPLANATION: It is mae, and no secret, that DPR currently has a reserve of approximately $10.4 million and it is projected to be higher by the end of the fiscal year. However, these monies are not available for activities not authorized within the Department's baseline budget without an appropriation by the Legislature through the annual budget process. The primary source of this fund is the pesticide mil1 fee, set at a rate of 22 mills, and due to sunset on July l, 1997. I anticipate that DPR will use the reserve to continue funding pesticide enforcement activities until a bill is passed. The IPM Grant Program is one that I am intimately familiar with because I am a member of a statewide Biological Control Commitee. In 1995-96, this committee, under my chairmanship, was expanded to include IPM. Ms. Jenny Broome, DPR, overseer of the IPM Grant Program, gives updates to the Committee whenever it meets. There are also akeady two active grants in Mendocino County, Areawide Management of Codling Moth in Mendocino Orchards', (pheremone confusion) and Controlling Coyote Predation on Sheep in California. The IPM Grant Program is authorized under Sec. 12536 of the Calitbmia Food & Agriculture Code which created the Pest Management Advisory Committee (PMAC). The grants are funded out of the Food Safety Account. The grants are intended for agriculture, but the Federal Government has added to the pot for non-agricultural grants, however, this funding is not expected to continue in 1997. In 1996, there were eighty-one proposals. Twenty-five projects were funded for a total of $594,183. Two of the projects were in Mendocino County. Although geography is not a criterion, two grants are more than our fair share, and I do not think the PMAC would grant another one to Mendocino County. In addition, the grants themselves are intended for programs that would inspire others to follow their example. It is not intended for correcting or retrofitting projects. If Mendocino County were to embark upon a county IPM policy and program, we might be able to qualify for a grant, but only if the Federal Government continues funding their portion. There may be other grants which are available through the University of California's IPM Program or the Sustainable Agriculture Program. I have not explored these possibilities, but I think they are primarily for agricultural and/or research projects. If the county really wants to pursue grants, then my recommendation would be to hire a staff grant writer who is adept at this sort of thing, or fred a department that already has a grant writer and make that department part of the group. Sincerely, Dave Bengston Agricultural Commissioner/Sealer copies: Mike Scannell Pete Halstad Joyce Beard Paul Cayler Allen Ba?~arti Els Cooperrider TOTAL F'. 04 ISSUES & TRENDS INFORMATION TECHNOLOGY Scanner helps speed property tax payments If paying taxes is one of the "sure things" in life, cashiers for Cook County (I11.) Treasurer Edward Rosewell know that a twice-yearly crush of property owners who pay their tax bills in person is just as certain. Some 170,000 taxpayers m 10 percent of the 1.5 million total -- pay in person each year. Long-standing mail delivery problems made many resi- dents leery of putting their payments in the mail. Taxpayers' procrastination also contributed to the last-minute crowds. Under the old system, Cook County tax bills were passed throt,gh a station- . ~ ary mechanical optical character An employee passes the scanning wand r e ¢ o g n i t i o n over a tax form. The new processing (~CR) scanner method has dramatically reduced at the cashier's customer waiting time. work station. Each bill carries a line of type that identifies the parcel number, the six-month period the bill represents and the amount due. The bills often required several passes through the scan- ner for a good "read," and even then information could be missing from the printout if the scanner failed to read the data. Cashiers often had to manually enter the data, which slowed down the process and lengthened the lines. So the treasurer's office spent less than $14,000 to replace the mechanical OCR scanners with seven scanning stations made by Caere Corp., Los Gatos, Calif. Each consists of a hand-held scanning wand and Model 833 reader. The cashier passes the wand over the scan line rather than rely- ing on a scanner to read it. The nearly 100 percent first-pass read rate has improved accuracy, speeded up the process and reduced taxpayers' waiting time. The cashiers' terminals connect to a mini- computer in each office, which uploads a day's transactions overnight to a mainframe. Three laser printers produce the tax bills from the data stored on the mainframe. Purchasing the new wands and readers cost less than what the treasurer's office had spent maintaining the old scan- ners, says Assistant Treasurer Barbara Gorell. The treasurer's office eventually plans to implement a bar code system for handling delinquent tax bills, and the new scanners recognize several bar code symbols, she says. 16 March 1997 // // "You can see the difference in how quickly the lines move," says Gorell. "They (property owners) don't want t~ stand in line, but it seems they all want to wait until the last day to come in to pay. Now the cashier only has to scan bills once, take the money, give a receipt and the taxpayers are on their way." The Cook County Department of Revenue, which issues and collects fees for six different types of permits, plans to use the same type scanners to improve efficiency and cus. to~ner service. GROUNt0S & ROADSIDE MAINTENANCE Texas DOT tests geotextiles for roadside weed control Guardrails are important £or both preventing cars from leaving the road and maintaining easements, but xvccds and grasses frequently grow under them. This is not tn~ly sightly, it also creates a hazard, since tall weeds and can obstruct a driver's view ~f approaching vehicles, l)urin~ dry weather, they can als~ bca fire hazard. State transportation departments frequently deal with the problem by having employees mechanically trim the weeds or spray them with herbicides. But the Texas Department of Transportation (TDOT) realized that these solutions might not be feasible when it prepared to tackle a roadside project near Austin in 1993. The project site was a large, multi-level, high-speed inter- change at U.S. Highway 183 and Loop 1 which encompass- es approximately 100 acres including road surface. A worker operating a hand-held weed trimmer in such a location risks being struck by a passing vehicle, and the weed trimmer could also throw gravel through open win- dows of passing vehicles, leading to injuries and lawsuits. TDOT decided against spraying herbicides because it ex- poses workers to traffic, can harm adjacent foliage, has a short life and requires repeated applications. Spraying is also becoming increasingly unpopular with the public. Other options considered for weed control included paving with asphalt or concrete. Unfortunately, asphalt cracks as it weathers, offering new opportunities for grass and weeds to germinate. Concrete is less likely to crack, but weeds eventually grow in joints against existing curbs or guardrail posts. The high cost of concrete or asphalt repair in the event of guardrail damage is another drawback. The Texas Transportation Institute (TTI), which over- saw the project for TDOT, decided that prevention of grass- es and weeds was the solution and pilot-tested a geotextile fabric product, Biobarrier II by Reemay, Old Hickory, Tenn. The product is studded with small nodules ilnpregnated with the herbicide trifluralin, which is nearly non-toxic. The herbicide works its way out of the nodules and biode- grades over a period of one to six months. The chemical is AMERICAN CITY ~t COUNTY ISSUES & TRENDS released from the nodules as a vapor and adheres to soil particles, working to prevent root-tip cell division for as long as 10 years. TTI, a transportation research insti- tution affiliated with Texas A&M University in College Station, estab- lished six study plots, each about 100 feet long. Two soil types were used: crt,shed limestone road base and the native soil, ~vhich is black, cohesive clay. The material was installed under- neath selected guardrails at depths of two and four inches, after which the plots were compacted with a plate vi- brator. The plots were not seeded. The test plots had unequal begin- ning points -- different amounts and types of grass were growing near them when they were installed. The results showed that at the two-inch depth un- der limestone gravel, the plot was very clean with virtually no grass growing. Workers from the Texas Transportation Institute install a geotextile matting to prevent weeds from growing underneath a guardrail. Isolated individual weeds were present at some guardrail posts. The two-inch native clay soil plot had some herba- ceous weeds present but no grasses. The four-inch deep limestone gravel plot had no grass rooted in it, although there were some grass runners extend- ing over it from the edges. There were no herbaceous weeds. TTI officials are continuing to monitor them to deter- mine if there are any differences in how each responds to encroaching vegetation. TTI is preparing preliminary results of the study for TDOT. Jim Schutt, TTI landscape architect, says he found that the geotextile product should not be buried deeper than four inches, and limestone aggregate is the most effec- tive material to put on top of it. "I think it's going to work pretty well," says Schutt. "I anticipate that most of its use will be in urban areas along high-speed roads." The Texas Parks and Wildlife Department, the Austin Parks Department, local environmental interests and TTI landscape architects all participated in the project. ~ FLEET MANAGEMENT EPA, DOE agendas differ but have same bottom line In recent years, an ever-increasing number of centrally fueled vehicle fleets, many of them municipal, have been converting to alternative fuel vehicles (AFVs). It is essential that municipal fleet managers be well-in- formed about the root of this movement ~ the incentives and regulatory requirements mandated under the Clean Air 18 March 1997 Act (CAA) amendments of 1990 and the Energy Policy Act (EPAct) of 1992. Fleets covered under these programs include those with at least 10 centrally fueled vehicles owned by the same entity. The CAA amendments are administered by EPA, where- as the EPAct is administered by the Department of Energy. Although they impose similar requirements and effects, their goals are quite different. While the CAA's alternative fuel program seeks to reduce vehicular pollutant emissions, the primary goal of EPAct is to reduce U.S. dependency on imported fuels, specifically petroleum. As a result, petroleum-based low emission fuels such as reformulated gasoline and clean diesel can be used to meet CAA requirements but are not allowed under the EPAct. The CAA requires states containing certain ozone non- attainment areas to have a program promoting use of clean- fuel fleet vehicles. The AFVs must be capable of meeting stringent emission standards. Not all states currently have these programs in place, and the requirements vary from state to state. All programs, however, will contain a required phase-in of AFVs into cov- ered fleets and an AFV credit program. Under the CAA's phase-in program, a percentage of new vehicle purchases must be AFVs. Typical percentages start at 30 to 50 percent AFVs in model year 1998, increasing to 70 percent two years later. The EPAct also establishes an AFV phase-in program, as well as a credit program for early AFV purchases or purchas- es in excess of the number required. The EPAct's phase-in schedule is somewhat different from that under the CAA, typically starting with 20 percent AMERICAN CITY & COUNTY ' ~R~ OF TRANSPORTATION ,ASTI~ICT 1, P.O. BOX ~700 EUREKA, CA 95502-3700 TDD Phone 707/445-6463 ne: 707/445-6445 3/10/97 LOCAL AGENCY PROCESS FOR CONSIDERING HERBICIDE USE IN CALTRANS HIGHWAY RIG.S OF WAY This process rosy be followed by a city or county wishing to consider whether or not herbicide use should be discontinued for any or all State highway route segments within its jurisdictioa. 1. Board of Supervisors or City Council schedules hearing on agenda in cooperation with Caltrans. , At heahng, Calms describes its Vegetation Management Program to the Board or Council, including the benefitz of the program and the potr. nflal impacts of discontinued h~rbicide .use. Board or Council takes public testimony, then considers adoption of formal resolution. Resolution needs to address: Which routes and limits apply. If any specific herbicides are permitted or excluded. Whether issuance of encroachment permits for pesticide applications ia Caltrans fight of way should be prohibited for contiguous private property owners, utility companies, etc. (Note: Caltrans will not attempt to prohibit the State Department of Agriculturc and County Agricultural Commissioners from carrying out their responsibilities to eradicate pests und~ State law,) Any special programs to be offered by the local agency to resPond to the vegetation control need. 3. Upon receipt of the resolution, Caltrans will comply. e Caltrans will consider resolutions received as valid through the fiscal year. To perpetuate the direction, thc Board or Council is asked to reconsider the issue prior to the next fiscal year, offering Calms an opportunity to appear as indicated under Paragraph 2 above. IleWsreleilse #9?-O56 Contact: Debra G/ma, Public Aff~irs Officer C.~tmu - (?0'O 4¢5-6444 California Dtpartme/~t of Tran.~rtation District 1, Eureka Rick Knapp, District Dlr~or March 10, 1997 Hl~,hway Into. 1-~00-427.9623 (ROAD) Interact http://www.doL ca.$ov/hq/roadinfo htrp'.//www.smart-trav¢ler.com CALTRANS TO BE RESPONSIVE TO LOCAL GOVERNMENTS REGARDING HERBICIDE SPRAY PROGRAM , ~uU~ EURE .IC4 - Caltrans Director Rick Knapp, in an effort to resolve the · controversy that exists in some areas of the north coast over herbicide spraying, has unveiled a new process wtdch will provide the opportunity for local government to decide whether Caltrans District 1 should discontinue the use of herbicides in State highway fights of way within its jurisdiction. "By proposing this niw process, out hope is to create a climate of cooperation so that we can make decisiom regarding vegetation control that take into account the public's wishes while addressing the safety concerns for the motorists that use the highways,~' K. napp said. The new process calls for the local agency to provide Caltrans District 1 the opportunity to explain the implicati'ons of no longer using herbicides to control vegetation, along with accepting public testimony on the subject before considering passage of a fo _rm_ ~! resolution on flae subject. Resolutions could be considered by cities or counties. Resolutions by County Boards of Supervisors would apply to the unincorporated areas. Incorporated areas would be considered by City Councils. Resolutions would apply for only one fiscal year. This "sunsetting" element of the process will give Caltrans and the public an opportunity to testify on the subject annually. In enacting these resolutions, consideration may be given to all routes, specific routes or portions thereof; or specific herbicides. -MORE- /¥ MON 16'48 Ft~ 445 6314 EXEC OFFICE E ~003 -.2- Knapp said that Caltrans has been steadily reducing its use of herbicides in conjunction with a goal established by the department in 1992. In Caltrans District I, which covers Del Notre, Humboldt, Lake and Mendocino Counties, herbicide use has been reduced ~6% in the past five years. Approximately, 70% of vegetation is controlled by m~nual and 'm~chanical means.. The department is committed to reduction in herbicide use of 50% statewide by the year 2000 and an 80% reduction by the year 2012 Knapp, who choirs Caltrans' ~tatewide Roadside Vegetation Management Corem ttee, said "The reason for the phased reduction is to allow time to develop other alternatives, including improvements to the highway system to reduce the need for he to control vegetation in and arot At this time, it is prohibitively e · without the use of herbicides. rbicides." Chuvenfly, much of the herbicide use is~ ad guardrail, guide posts, signs, and landscaping. ~pensive to control vegetation in these areas Knapp cautioned that ce~,sing the use of herbicides with no alternative 1 control measures in ~lace will be counterproductive to the vegetation safety 1 objectives of the program. The '~rogram is intended to provide improved visibility of safety devices, improved sigh reduced risk of fires. Knapp sai effectively control vegetation wi state highway miles in the four ~ w!11 have the opportunity to wei herbicides within their jurisdicti be cautious in taking these attic: distance for motorists and highway workers, and t the District does not have sufficient resources to thout using herbicides along the more than 1,000 ,orth coast counties. Nevertheless, local agencies ;h the pros and eons of discontinuing the use of ~ns. Knapp said that he will urge local agencies to Ilk >pray ng Cont~uedfromPage I where the public doesn't have direct access, such as the vegeta- tive cap over the Caspar landfill and agricultural lands. General Services Director Pete Halstad told the supervisors the county departments are will- ing to do whatever the board decides in this matter. "If the board considers this a threat to the public health," he said the departments will carry out its directives. Agricultural Commission Dave Bengston, Cooperrider, and the supervisors also talked about the need to develop an Integrated Pest Management Policy for the county. The county uses .between two to four gallons a year of the con- centrated herbicide Round-up. But that amount is diluted at the rate of about eight tablespoons to the few gallons of water that fit in the reservoir of a backpack spraying unit, said Al Bazzani, the manager of Buildings and Grounds. Building and Grounds employees, he said, spend about 90 hours a year spraying. ITEM NO. 7b DATE: May 21, 1997 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION ADJUSTING FEES FOR THE UKIAH MUNICIPAL GOLF COURSE The Golf Course has incurred an operational deficit since the purchase of the back eight holes from the County in FY 93/94. The Council adopted minor fee increases in July, 1994 and August, 1995 in an effort to balance the golf budget, however, these increases have been inadequate to fully service the debt from the back eight purchase and the Todd Grove Clubhouse remodel. Prior to FY 96/97 these deficits had been balanced through transfers from the enterprise fund reserves which are now depleted. The current budget projects a deficit in the form of a General Fund subsidy of $105,057. Through reductions in maintenance staff and programs, that deficit should be reduced to approximately $65,000. (Continued on Page 2) RECOMMENDED ACTION: Revise Resolution to include five year fee adjustment program and adopt. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Revise Resolution to include first year only of five year adjustment program and adopt. 2. Adopt Resolution as recommended by Golf Committee. Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: Prepared by: Coordinated with: Attachments: Acct. No.: (if budgeted) Larry W. DeKnoblough, Community Services Director~~d0 Candace Horsley, City Manager Golf Advisory Committee . 2. 3. 4. 5. 6. 7. . Draft Resolution F/Y 96/97 Golf Fund Summary April 17, 1997 Staff Memorandum Regional Golf Course Comparison Chart Five Year Fee Proposal By Staff One Year Fee Proposal By Golf Advisory Committee Fee Alternatives Submitted By Golf Committee Members Rones, Hefty, and Nielsen Golf Advisory Committee Minutes, April 28,1997 Public Hearing Notice APPROVED: {~~') C~nda-ce Horsley, City ~anager LD:ASRGolf. Fee Staff has met with the Golf Advisory Committee in an effort to develop a long term resolution to the operational deficit and strengthen the enterprise funds financial position by increasing revenues significantly enough to allow the fund to build adequate reserves. Should the course experience a major maintenance problem such as turf disease, irrigation breakdown, or mechanical failure the current budget would require a further significant subsidy from the General Fund. In addition to accruing reserves as a safety net, there are currently no funds available for much needed course improvements to the drainage system, greens or cartpaths. Of additional concern to staff is that the reduction of the current years operational deficit has been through the elimination of 50% of maintenance positions. There are currently only two full time regular and one 34 hour, year round personnel on the course. Three seasonal positions are added as temporaries with a maximum of 1000 hours each in order supplement the course's summer needs. The issue of financially supporting adequate staffing levels necessary to maintain the course and complete key improvement projects is paramount to the long term health of the course. The lack of reserves in the Golf Enterprise Fund and the resulting financial inability to improve, or even properly maintain the course, seriously jeopardizes its competitiveness. Funds are inadequate to properly maintain and improve cartpaths, greens, irrigation, and drainage. All four of these areas currently require major improvements to be at industry standard and create significant, unnecessary maintenance problems due to their inadequacy. Projected revenues for the coming year based on the new fees and assuming all conditions are exactly the same as this year, which has been an exceptional year due to unusually good weather, will exceed expenditures by approximately $15,000. This also requires that maintenance expenditures remain at their current absolute minimum. At this rate it will require four or five years to repay the projected Fiscal Year 1996/97 deficit of $65,000 to the General Fund before reserves can begin to accrue. It will be crucial to the Golf Course's future and competitive viability in an increasingly demanding golf market, to complete key improvement projects to the problem areas identified above and increase maintenance levels. In order to accomplish this, revenues will need to be significantly increased. Staff has completed a survey of the market rate for golf fees in our region which indicates Ukiah's charges are the lowest overall in relation to our competitors. The agenda packet which was provided to the Golf Committee includes a comparison chart (Attachment # 4) which provides a comparison of seven surrounding courses and their respective fee structures. As the survey indicates, Ukiah's rates are lower than all of these courses and significantly lower than our primary competitors in Sonoma County. The survey also indicates there are three pdmary rate categories which are having the greatest impact on our revenue when compared to the other courses. Ukiah is the most below market on senior discounts, annual memberships, and private cart use fees. Senior discounts are offered in Ukiah at an average rate of 35%, seven days per week, which greatly exceeds anything offered on most other courses. Also, no other courses in our area offer senior discounts on weekends. The Golf Committee has recognized the need to reduce the discount provided seniors and has recommended larger increases in this area and eliminating the senior discount for weekend play. The Committee's recommendation would increase senior memberships from $360 to $450. Staff recommends a greater increase from $360 to $555 with further increases over the next four years. The Council may also wish to consider eliminating the senior discount for memberships entirely as few courses within our region offer a discount in this category. Annual membership fees for Ukiah are dramatically below the surveyed courses and when compared to Hidden Valley, Oakmont, and Mt. Shadows, that differential approaches 50%. Memberships offer unlimited play, seven days per week, which is a convenient fee option for avid golfers. The advantage to the City of offering memberships, is guaranteed annual revenue regardless of conditions. However, memberships do impact available playing time for daily rate payers which are the pdmary source of revenue to the Course. Current yearly membership enrollment includes; 63 adult, 8 adult couples, 90 seniors, 25 senior couples, and 12 juniors for a total of 198. Memberships generate approximately 25% of the total revenue, yet compdse 65% of weekday play and 40% of weekend play. These numbers evidence a sizable gap between the fees charged for this service versus the value the golfer receives. Currently, 162 pdvate carts are allowed on the course for an annual fee of $120 for a double ridership and $140 for a family. In an Apdl 17,1997 memorandum to the Committee, staff provided an analysis which identified that an annual member, with a private cart averaging only 1.5 rounds per week, could play a round of golf with a cart for $8.71. Of that amount, $7.18 is greens fees and $1.53 is for the cart. This compares to the average walk-on player at $16.50 for greens fees and $19.00 for cart, totaling $35.50. That represents a $26.79, or 75% reduction. If that player is a senior, the total is $6.15 representing a $29.35 or 83% reduction. Staff's memorandum states to the Committee that private carts represent a significant loss of revenue and the number of allowable carts should be limited. The Committee expressed very strong sentiments regarding their support for the continued use of private carts on the course. While not disagreeing with their recommendation, staff believes the fee for this privilege, as well as annual memberships, should be commensurate with the comparative market rate. The fee adjustment proposal prepared by staff and presented to the Committee at their Apdl 28, 1997 meeting, provided for a five year program of incremental increases. This proposal would improve the balance between the various fee categories and provide a basis for long term financial planning. While supporting the need for regular increases, the Committee voted to approve no more than a one year increase based on their desire to review the need for adjustments annually. Staff agrees with the Committee that fees should not be increased arbitrarily, however, we do believe the Council should consider the above concerns and the need to ensure long term revenues for the Enterprise Fund. Should unforseen events occur which would require additional adjustments in the schedule, either up or down, the Committee and the Council could reconsider the matter at the time. Staff's concern is that the fees proposed by the Committee will not generate adequate revenues to build reserves and repay the General Fund subsidy from FY 96/97. Attachment #6 outlines the fee adjustments as approved by the Golf Committee at their April 28 meeting. Also attached to this report is the entire packet which was presented to the Committee and includes the five year proposal submitted by staff. Should Council wish to proceed with multiple year increases, staff would recommend revising the draft resolution to include the five year proposal. If Council determines to proceed with increases for a single year at a time, staff would recommend adopting the first year fee schedule identified in the five year proposal. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADJUSTING FEES FOR THE UKIAH MUNICIPAL GOLF COURSE WHEREAS, the City of Ukiah operates and maintains the Municipal Golf Course for the use of the Ukiah community and regional area; and WHEREAS, the City Council may from time to time consider fee adjustments in order to continue operation of the Golf Course in a fiscally responsible manner; and WHEREAS, The City of Ukiah Golf Committee has considered fees at a special meeting of April 28, 1997, at 6:00 p.m.; and WHEREAS, the following fee adjustments have been legally published and made available for public review. NOW, THEREFORE, IT IS HEREBY RESOLVED that the following rates are hereby established for the Ukiah Municipal Golf Course: Golf Course Category Daily Fees Daily Fees Monday-Thursday Friday-Sunday Annual Membership Fees A. 9 Holes $11.00 $13.00 Senior $10.00 $13.00 Bi 18 Holes $16.00 $18.00 Senior $12.00 $18.00 Junior* $ 6.00 $ 8.00 C. /// Twilight $ 9.00 $10.00 (3:00 P.M.) Super Twilight $ 7.00 $ 8.00 (5:30 P.M.) Junior Twilight $ 4.00 $ 6.00 (2;00 P.M.) /// 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 9.2 23 24 25 9.6 9.7 28 Golf Course Category Daily Fees Daily Fees Monday-Thursday Friday-Sunday D. Annual Membership Adult Adult Couples Senior Senior Couples Junior El Monthly Membership Adult Senior Junior *Junior - 18 years and under F. Punch Cards G. Yearly Cart-Path He Monthly Cart Storage Fees Gas Electric PASSED AND ADOPTED this following roll call vote. AYES: NOES: ABSENT: day of ABSTAIN: Annual Membership Fees $6OO $925 $450 $75O $175 first child and $150 per additional child $85 $77 $4O $140 plus $2 per round on weekends $160 $20 $25 , 1997, by the ATTEST: Sheridan Malone, Mayor Colleen B. Henderson, City Clerk B:RF~I FEE~.GC ul >.. o° ,,, ~ .:.~ "· · ::i '::': ! ~ .: . :: . :: ~ :'.~: ....: ::: ;:::::,: ::::::; ~:: ::;::¥::: :: :. ·. · ; ::::::::::::::::::::::: . ~'~:~ ?~::::::~ :~:~:~ ~'~ ;:.'; ~'.: ~ , ..::" ' . ~ i · 0 . · :: .:~ :::y . : ~:..~: ~:.~ 0 0 I',- I'-- 03 (1:) 0 0 v- v- 0 00 !'- I'- O~ (000 wi' bO 0 eO 000 ~1 ~000 000000 0 ~ ~ ~0 ~1' 0 M .E .M .0 .R .A .N .D .U .M DATE: April 17, 1997 TO: FROM: Golf Course Committee Members Larry W. DeKnoblough, Community Services Director PROPOSED GOLF FEE INCREASE At the March 20, 1997 meeting'staff discussed the upcoming budget hearings and concerns regarding the financial future of the course. While we have made significant progress in reducing the operating deficit through program and staffing cuts, expenditures will continue to exceed revenues. Of particular concern to staff is the continued inability of the course to build financial reserves which will be badly needed to provide for essential maintenance programs and equally essential course improvements to the greens, drainage and cart paths. The need to improve the course's physical condition and financial position become even more paramount as the potential for new golf facilities to be developed in the Ukiah area increases. As a result of that meeting and these issues, the Committee recommended staff bring forward a proposal for a comprehensive fee increase. In response staff has completed a proposal which addresses the primary concerns expressed by the Committee to implement increases in gradual increments, reduce the gap between adult and senior fees, eliminate out-of-county fees and encourage youth golf. Staffs proposal has been constructed within our existing fee structure to allow gradual increases over a five year period. No new fees categories have been introduced. Staff has proposed a fee structure which over the next five years attempts to provide a better balance between the various options for payment. The emphasis of the proposal has been placed on providing reasonable discounts where appropriate, encouraging youth and family use, and encouraging new play through the retention of affordable daily greens fees. The proposed fee structure would gradually reduce the senior discount to a consistent 10% throughout the range of fee options. Should the Committee wish to provide a deeper discount to seniors, staff would strongly recommend low income qualifications be applied. The senior contingent is a valued contributor to the golf course, however, members of this group come from broad economic backgrounds with greatly varying income levels. The application of low income qualifications ensures that discounts can be provided to seniors who truly merit one and in is keeping with the spirit and intent of the "senior discount" concept. It is difficult to determine the amount of discount provided to annual memberships as no specific number of rounds is described for them. However, it is relatively safe to assume at least one or two rounds per week is the average. If we assume an average of 1.5 rounds per week the average cost per round for an adult member is $7.18, which equates to a 51% discount during the week and a 57% discount on weekends. If we apply this formula to the couples memberships the discounts are 62% and 67% respectively. Should the increases proposed over the next five years be approved, a discount of 38% on weekdays and 49% would be retained for adult memberships. Couples memberships would retain a 56% discount on weekdays and 64% on weekends. As the Committee can see, the gap between daily greens fees and memberships is slightly reduced over the five years, yet remains significant enough to induce the golfer to invest in long term membership. Staff's proposal also includes increases for private cart access to the Golf Course. Currently these fees are $120 for a double ridership and $140 for a family. Assuming the same 1.5 rounds of play per week as for memberships, this equates to a cart fee of $1.53 per round compared to the current cart rental fee of $19.00 per round. Staff recognizes the costs associated with purchasing, maintaining, operating and storing a private cart, however, this player option represents a considerable loss of revenue to the Golf Course. It is essential that the fees charged for this amenity are adequate to mitigate the financial impact on the course. On this basis staff has recommended a gradual increase and restructuring of the licensing fees for private carts. As proposed the fee would be assessed as a "Double" with additional charges per family members, not to exceed four additional persons. The "Family" designation would be eliminated. Staff is also proposing to establish the maximum number of licenses issued each year at 150 with the intent of eventually limiting the number of private carts to 100. Currently there are 162 private carts which are permitted on the course. These carts would be grand fathered and licenses would be reduced only upon failure to renew. In summary staff would state our position that the necessity of adjusting the fee schedule, in order to provide revenues for the future financial solvency of the course, is essential at this time. The community of Ukiah has changed significantly and is going to continue to change. The market viability for retail and leisure services is being proven over and over again as we see large scale retail successfully entering our market and proving that the economics and disposable dollars are here to support expanded services. The Ukiah Municipal Golf Course will be facing many challenges in the next few years as the market demand for newer and better golf facilities results in a competitive arena in which we will be forced to compete. It is staffs belief that this course can and will compete in that market, however, it is essential that preparation for that effort begin now. LDhngolffee 'l- Z Z 0 0 UKIAH GOLF COURSE COMMITTEE PROPOSED FEES FOR THE UKIAH MUNICIPAL GOLF COURSE EFFECTIVE JUNE 1997 II GOLF COURSE II CURRENT FEES PROPOSED FEES MON - THURS CURRENT PROPOSED CATEGORY II MON - FRI FEES SAT - FEES FRI o SUN SUN 9 Holes $10.00 $11.00 $12.00 $13.00 9 Holes- Senior $ 9.00 $10.00 $11.00 $13.O0 18 Holes $14.50 $16.00 $1 6.50 $18.00 18 Holes - Senior $ 9.00 $12.00 $11.00 No Discount Junior $ 6.00 $ 6.00 $ 8.00 $ 8.00 Twilight (3:00 PM) $ 8.00 $ 9.00 $ 9.00 910.00 Junior $ 4.00 $ 4.00 $ 6.00 $ 6.00 Super Twilight-5:30 PM $ 6.00 $ 7.00 $ 7.00 $ 8.00 Junior $ 6.00 MEMBERSHIP II CURRENT PROPOSED Adult 9560 9600 Adult Couples 9850 9925 Senior 9360 9450 Senior Couples $ 640 9750 Junior $175 $175 Plus $150 per additional Child Monthly-Adult $ 78 $85 Monthly-Senior Monthly-Junior Junior-18 Years & Under $ 62 $77 $ 40 940 Punch Cards Jl9120 9140 Plus $2 additional on Weekends Yearly Cart Use Fee II$120 Double $140 Family $160 Open ridership Gas $ 16 920 Electric $ 19 925 THERE ARE NO OUT-OF-COUNTY FEES AND LAKE COUNTY FEES B:GOLF2 FEES2.97 Proposed tees Ibr the Ukiah Municipal Gott' Course 1997 Golf Course Current/Proposed % Revenue Revenue category membership 1997 inerea~ Current/Proposed ~ 10% ~fi'lq~ increm~e Yearly-adult $560 $650 16% $35,280 $40,950 $38,808 (63) Yearly-Adult $850 $925 8% $ 8,500 $ 9,250 $ 9.350 couple (10) Yearly-Semor $360 $555 54% $34,200 $52,725 $37,620 (95) Yearly-Senior $640 $750 17% $16,000 $18,750 $17,600 couple (25) Yearly Junior $175 $200 + 14% $ 350 $ 400 $ 385 (2) $150 per Addt'l child Yearly Cart Double $175 first 46% $19,440 $28,350 $21,384 License $120 2 players- ( 162 ) $25 each Family Addt'l $140 Family Member not to exceed 4 Total revenue $113,770 $150,425 $125,147 Increase $36,655 $11,377 Proposed fees for the Ukiah Municipal Golf Course t-999' Golf Course Current/Proposed % Revenue 1997 10% Revenue category membership 1998 increase Current/Proposed increase 10% increase using City proposed from ' 97 current rates Yearly-adult $650 $715 10% $40,950 $45,045 $616 $42,714 (63) Yearly-Adult $925 $1,015 9% $ 9,250 $10,150 $ 935 $10,285 couple (10) Yearly-Senior $555 $645 16% $52,725 $61,275 $396 $41,420 (95) Yearly-Senior $750 $914 22% $18,750 $22,850 $704 $19,375 couple (25) Yearly Junior $200 $250 + 25% $ 400 $ 500 $192.50 $ 424 (2) $150 per Addt'l child Yearly Cart $175 fa-st No 0% $28,350 $ 0 $132 $23,490 License 2 players- Change (162) $25 each Addt'l Family Member not to exceed 4 Total revenue $150,425 $I39,820 $137,708 Increase $(10,605) $ 12,561 This proposal is generated from known figures only (actual yearly fees) and only takes into account the minimum fees for cart license. I would also like to propose that the senior single and semor couple tees be tbr Monday-Friday only. ff any semor plays on the weekend they would pay for full fee for 9 or 18 holes. GOLF FEE INCREASE PROPOSAL Submitted by Elsie Nielson To Larry D. FOR 1997-98 April 28, 1997 Based on the figures available to me, consideration. 60 Adult yearly 5~-0-~00 33,600 90 Senior " 360.00 32.400 8 Adult Couple 850.00 6,800 25 Senior Cple 640.00 16,000 12 Junior 175.00 2,100' 90,900 I submitt the following for ~.00 585.00 Inc. 1500.00 40.00 400.00 Inc. 3600.00 25.00 875.00 Inc. 200.00 40.00 680.00 Inc. 1000.00 to remain the same Total 6300.00 97,200.00 Cart Path Use Fees 142 x 120.00 17,040 20 x 140 2,800 19,840 Increase Cart path use fees to !40.00 accross the board 162x140 19,840 2,840~NCo Daily & weekly Fees Mon-Fri 14.50 x 5 days Sat-Sun 16.50 x 2 days This would be an If you average 25 Storage Carts even keep the 72.~0 33.00 105.50 increase of tee times per day Mon-Thur 15.50 x 4 62.00 Fri-Sun 17.50 x 3 52.50 114.50 9.00 per week times 4 players $36.00 Increase of 900.00 45.weeks Total 40,500.00 as nothing has been done 200.00~average. 10,400 should remain the same shed swept out. 52 x to Revenue: Cart storage 10,400 Yearlys 97,200 Cart Path use22,680 130,280 + Proposed Inc. in daily & wkend 40,500.00 MINUTES UKIAH GOLF COURSE COMMITTEE April 28, 1997 MEMBERS PRESENT STAFF PRESENT Don Crawford Faye Hefte Elsie Nielson Don Rones Perry Ramsey, Chairman Larry DeKnoblough, Director of Community Services Chuck Watson, Lead Worker Marge Giuntoli, Recording Secretary MEMBERS ABSENT None The Ukiah Golf Course Committee meeting was called to order by Chairman Perry Ramsey at 6:00 p.m. in the Ukiah Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken with the results listed above. II. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one from the audience came forward. III. APPROVAL OF MINUTES - None IV. NEW BUSINESS N/A OLD BUSINESS a. Golf Course Fees A brief discussion ensued regarding clarification of which individuals were included in the term "staff" as mentioned in the report relative to the proposed fee increases, wherein it was determined those individuals were Community Services Director DeKnoblough, Lead Worker Chuck Watson, Golf Pro Jeff McMillen (and his staff), and Administrative Secretary Kathy Kinch. Community Services Director DeKnoblough advised that primarily due to staff cutbacks, the City has been able to reduce the original deficit for the Golf Course by $54,000; however, an operating deficit of $50,000 is projected for this year. He briefly reviewed the revenues and expenses, as well as the comparison cost sheet for other golf courses, which indicates that Ukiah's fees are less expensive than other similar regional facilities. He further advised that the proposed fee increases are staged in five-year increments, reflecting the Committee's desire that the increases occur gradually over a period of time. Minutes of the Ukiah Golf Course Committee Page I April 28, 1997 Member Crawford clarified that Tayman Park and Davis Municipal are nine-hole golf courses, and stated that the Ukiah course, although competitive with the others, is sorely in need of a raise in fees. Discussion followed during which Committee members offered their own rationale and subsequent suggestions relative to fee increases. They expressed their concern regarding taking action to approve the proposed five-year plan, stating that they preferred considering the increases on a one-year basis only at this time. Further discussion followed relative to allocated costs, senior discounts, week-end assessments, greens fees, and cart fees. ON A MOTION by Member Rones, seconded by Member Nielson, it was carried by an all AYE voice vote to consider the proposed fees on a one-year basis only. Member Crawford abstained from voting. Mr. DeKnoblough expressed his concern at the Committee's action, stating it was his understanding from prior discussion that it was their desire to consider incremental increases. Chairman Ramsey replied that consideration of the fee increases on an annual basis precludes the occurrence of a physical calamity on the course, and that at this time anticipation of five years of increases creates anxiety within the Committee. Member Crawford clarified his abstention, stating that he did not believe there should be a reactive fee structure or an annual fee analysis that is based on past expenses. Mr. DeKnoblough explained the rationale behind staff's proposal of the five-year projections, stating that if the situation were that the golf course was operating at a profit, staff would be more comfortable with the shorter term increase. However, good business practices mandate long-term planning, and it is impossible to do that type of planning without any method of determining revenue projections. There will be major staffing changes and improvements to the course in the future, and staff is seeking some degree of stability in the revenue base so they can ascertain what kind of reserves the golf course will have; the City General Fund will not continue to cover the golf course deficit. He further stated his desire that the Committee consider a plan which would encompass more than one year, since he was genuinely concerned for the future of the golf course, primarily due to the upcoming competitive market and the City's ability to continue to accept and absorb the debt. He explained that the final jurisdiction over fees is in the hands of the City Council, and that the revenue base must be stabilized. Member Crawford commented it was time to look at the situation with reality in mind, and that he felt Mr. DeKnoblough was attempting to protect the golf course from being faced with larger problems in the future. Member Hefte stated she preferred to reach a break-even point before considering any long- term planning, although she recognizes the value of thinking farther into the future. Minutes of the Ukiah Golf Course Committee Page 2 April 28, 1997 Mr. DeKnoblough stated staff is not planning any additional major improvements in this budget year because even if the fees are increased this year, the budget will possibly only reach a break-even point. Discussion followed relative to telephone charges, allocated costs, the operational deficit, and the impact the purchase of the back eight holes created on the golf course budget. Mr. DeKnoblough reminded the Committee that their recommendations must be brought before the City Council for approval, and that if after looking at the comparison sheets they still desire that the fees stay at the lower end, they should then include in their recommendations ways to produce additional revenue in the other areas of golf course operations. Discussion followed as the Committee attempted to arrive at a consensus relative to the proposed fee increases. Suggestions included: 1 ) that the fees be raised a dollar "across the board;" 2) that the dates be changed to reflect weekdays to mean Mondays through Thursdays, and weekends to mean Fridays through Sundays; and 3) that all junior golfers fees remain as is. Further discussion followed regarding cart use fees, and whether a charge should be leveled for extra riders on the carts. It was noted that many of the golf courses listed on the comparison chart do not allow private carts, and that currently the City has a contract with Mr. McMillen that cannot be arbitrarily opened up for discussion. The Committee then recommer~ded the following fee increases on a one-year basis only, as follows: 9 Holes-Weekday, increase from $10 to $11; Weekend, increase from $1 2 to 913:9 Holes-Senior-Weekday, increase from 99 to 910; Weekend, increase from 911 to 913:18 Holes-Weekday, increase from 914.50 to 916; Weekend, increase from 916.50 to 918:18 Holes-Senior-Weekday, increase from 99 to 912; Weekend, increase from 911 to $18: Juniors-no increase Weekdays or Weekends, feesto remain 96 and 98, respectively: Twili_~ht-Weekday, increase from 98 to 99; Weekend, increase from 99 to 910; no increase for Juniors Weekday or Weekend, fees to remain 94 and 96, respectively: Super Twili_~ht- Weekday, increase from 96 to 97; Weekend, increase from 97 to 98; no increase for Juniors, fees to remain at $6. Yearly-Adult-increase from 9560 to 9600; Yearly-Adult Couples-increase from 9850 to 9925; Yearly-Senior-increase from 9360 to 9450; Yearly-Senior Couples-increase from 9640 to 9750; Yearly-Junior-9175 plus 9150 per additional Child. Monthly-Adult-increase from 978 to 985; Monthly-Senior-increase from 962 to 977; Monthly-Junior-no increase, fees to remain at 940. Punch Cards-increase from 9120 to 9140 plus 92 per round additional on Weekends; Yearly Cart Use Fees-increase from 91 20 Double/9140 Family to Minutes of the Ukiah Golf Course Committee Page 3 April 28, 1997 $160; Monthly Cart Storage Fees-Gas, increase from $16 to $20; Electric, increase from $19 to $25. RECESS: 8:14 p.m. RECONVENE: 8:21 p.m. Chairman Ramsey opened the meeting to public comment. Marilyn Watkins, 1070 Maple Avenue, commented she had always understood there would be good golf cart paths because of the fees. During the Committee's discussion this evening was the first time she had heard the fees are not to be used for cart path repair. Mr. DeKnoblough replied he was not aware of the kind of verbal promises that were made to golfers in the past; however, the existing Resolution refers no portion of revenues to any specific maintenance function, and the adopted budgets do not establish any particular function or correlation to fees and cart paths. Chairman Ramsey explained that in the past the fees were called "cart path fees." When the enterprise fund was established, the term was changed to "cart use fees," so that the funds could be accessed for necessary items such as a new lawn mower, and not limited solely to cart path maintenance. Member Rones further explain.ed that the intention was for the funds to be available to maintain the cart paths. Unfortunately, due to the lack of revenue, the money had to go for other maintenance items in order t(~ keep the golf course operating, so as a result approximately 35% of the money received for cart path fees went for the cart paths and the rest towards maintenance. Mr. DeKnoblough advised that this year's proposed budget shows no specific maintenance programs except aeration for the greens, and minor patching for the cart paths. He commented that the condition of the cart paths is a disgrace, contributes to severe wear on the carts, and is becoming a liability in certain circumstances. Discussion followed relative to past difficulties encountered in communicating information between the City, the Committee, and the golfers, wherein it was agreed that there would be multiple copies of meeting agendas and minutes available in the pro shop, and that staff would regularly attend both the Men's and Women's Club meetings in order to answer concerns or clarify information. Member Crawford suggested that for special items such as the proposed fee increases, the minutes and newsletters were not adequate means of communication, and that what was needed was a forthright, concise, and specific announcement and definitive statement by City staff, with posting in a designated location available to the public. He further suggested that golf course maintenance must be prioritized, and although cart paths enter into the matter, they are further down on the list of the other things that need to be done to keep the course viable, such as the upkeep of the greens, tees, and fairways. Minutes of the Ukiah Golf Course Committee Page 4 April 28, 1997 Member Nielson commented it is helpful to have an individual attend meetings of the golfing community to answer questions and help resolve problems, and stated she had done so with a group of women golfers. Shirley Anderson, 3801 Road B, Redwood Valley, offered her comments regarding the fee increases, specifically noting that she felt the increases in the senior fees to be way out of proportion. Tom Goforth, 981 St. Francis Way, stated that although he understood staff's desire to have a five-year pro forma and their need to be organized, he also understood the Committee's feelings that it is too difficult at this time. In the last few years play has been hindered, but with the increases there will be an increase in play and revenue. He voiced his concern relative to the amount of raise in the yearly senior fees, and urged the consideration of giving seniors more of a break in the future. ON A MOTION by Member Crawford, seconded by Member Hefte, it was carried by the following roll call vote, to recommend to the City Council the proposed 1997 fee increases as listed above, on a one-year basis only, and with the dates changed to reflect weekdays to mean Mondays through Thursdays, and weekends to mean Fridays through Sundays. AYES: NOES: ABSTAIN: ABSENT: Members Crawford, Hefte, Rones, and Chairman Ramsey. Member Nielson. None. None. Mr. DeKnoblough advised the Committee's recommendations for the fee increases will go before the Council at their May 21, 1997 regular meeting. Member Hefte commended the staff and stated the golf course looked wonderful. Chairman Ramsey thanked the audience for their comments. V. ADJOURNMENT There being no further business, the meeting adjourned at 8:47 p.m. Perry Ramsey, Chairman Marge Giuntoli, Recording Secretary b:meg\gc42897.min Minutes of the Ukiah Golf Course Committee Page 5 April 28, 1997 NOTICE OF PUBLIC HEARING NOI'ICE IS HEREBY GIVEN that the City Council of the City of Ukiah, California, will hold a public hearing to consider an adjustment In the fees for the Uklah Municipal Golf Course on at its regular meeting of Wednesday, May 21, 1997, at 7:00 p.m., or as soon hereafter as may be heard, in the Council Chambers, Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA, at which time and place all persons interested may appear and be heard. The proposed fees to be established by Resolution are as follows: Cateqory Mon.-Thurs. Frl., Sat., Sun. 1.9 holes $11.00 $13.00 9 holes-Senior 10.00 13.00 (60 yrs. old or older) 2. 18 holes 16.00 18.00 18 holes-Senior 12.00 18.00 18 holes-Junior 6.00 8.00 (18 yrs. old or younger) 3. Twilight (3:00 p.m.) 9.00 10.00 Super Twilight (5:30 p.m.) 7.00 8.00 Junior Twilight (2:00 p.m.) 4.00 6.00 4. Annual Membership: Adult. $600; Adult Couples, $925; Senior, $450; Senior Couples, $750; and Junior, $175 and $150 per additional child. 5. Monthly Membership: Adult, $85; Senior, $77; and Junior, $40. 8. Punch Cards: $140 plus $2 per round on Fri., Sat., and Sun. 7. Yearly Cad-Path: $160. 8. Monthly Cart-Path Storage Fees: Gas, $20; and Electric, $25. Anyone wishing the City Council to consider a document exceeding 250 words must submit the original document and seven (7) legible copies to the City Clerk not less than six (6) calendar days prior to the scheduled meeting date. If you challenge the above matter in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice, or in written correspondence delivered to the Council at the time of the hearing. Please pass this notice on to your neighbors, friends, or other interested parties. Copies of the proposed Resolution with fee schedule are available for inspection at the Civic Center, located at 300 Seminary Avenue, in Ukiah, CA, from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding City recognized holidays. SI Colleen B. Henderson, City Clerk. Publish: May 9, 1997 and May 15, 1997. ITEM NO. 7c MEETING DATE May 21,1997 AGENDA SUMMARY REPORT SUBJECT: VEHICLE ABATEMENT- 495 FORD STREET, UKIAH In response to complaints from neighbors in the area of Ford, Myron and Sidney Streets, the Police Department initiated a vehicle abatement program. Numerous vehicles were identified as being either abandoned, non-operable or dismantled. On April 12, 1997, a "Letter to Residents" was hand delivered to residents in the area (attached). In response to this letter, many of the identified vehicles were voluntarily moved by the owners. Some owners were unable to move a vehicle belonging to them in the time allotted but worked with the Police Department to ensure the vehicles would be moved in a timely manner. On May 3, 1997, residents which had made no effort to move or otherwise care for their vehicles were hand delivered a "Notice of Intent to Abate" letter (attached). Per Ukiah City Code, Section: 7610, the owner of the vehicle or land upon which it is parked may request a public hearing regarding the abatement. The owner of a vehicle being abated at 495 Ford Street has requested a public hearing. RECOMMENDED ACTION: Allow the abatement process to continue until the vehicle is either removed by the owner or towed by the Police Department. ALTERNATIVE COUNCIL POLICY OPTIONS: The City Council may exercise its options as outlined in the Ukiah City Code, Section: 7611. Acct. No.: N/A Acct. No.: (if NOT budgeted) Appropriation Requested: N/A Citizen Advised: N/A Requested by: Fred W. Keplinger, Director of Public. Saf. ety Prepared by: John Williams, Operations Captain /~z2 Coordinated with: Candace Horsley, City Manag~ APPROVED BY §7600 CHAPTER 8 ABANDONED VEHICLE REMOVAL §7601 SECTION: §7600: §7601: §7602: §7603: §7604: §7605: §7606: §7607: §7608: §7609: §7610: §7611: §7612: §7613: §7614: Title Nuisance Definitions Exclusions Application of Provisions: Administration of Ordinance: Contract or Franchise Authority: Administrative Costs: Abatement Action: Notice Required: Request for Hearing; Hearing Unnecessary Hearing Removal; Time Limits Required Department of Motor Vehicle Notices Lien §7600: TITLE: This Chapter shall be known as the ABANDONED VEHICLE REMOVAL ORDINANCE OF THE CITY. (Ord. 617, §1, adopted 1971) §7601: NUISANCE: In addition to and in accordance with the determination made and the authority granted by the State of California under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the City Council hereby makes the following findings and declarations: 8O85 §7601 §7603 The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property, not including highways, is hereby found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects an to be injurious to the health, safety and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof, on private or public property not including highways, except as expressly hereinafter permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this ordinance. (Ord. 617, §1, adopted 1971) §7602: DEFINITIONS: Except where the context otherwise requires, the definitions given in this Section govern the construction of this ordinance: A, The term "vehicle" means a device by which any person or property may be propelled, moved or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks. Bo The term "highway" means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street. C. The term "public property" does not include highway. D, The term "owner of the land" means the owner of the land on which the vehicle or parts thereof is located, as shown on the last equalized assessment roll. Ee The term "owner of the vehicle" means the last registered owner and legal owner of record. (Ord. 617, §1, adopted 1971) §7603: EXCLUSIONS: This ordinance shall not apply to: A. A vehicle, or parts thereof, which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or Be A vehicle, or parts thereof, which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, a junk dealer, or when such storage or parking is necessary to the operation of a lawful conducted business or commercial enterprise. 8086 §7603 §7608 Nothing in this Section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code, and this ordinance. (Ord. 617, §1, adopted 1971) §7604: APPLICATION OF PROVISIONS: This ordinance is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the City. It shall supplement and be in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the City, the State or any other legal entity or agency having jurisdiction. (Ord. 617, §1, adopted 1971) §7605: ADMINISTRATION OF ORDINANCE: Except as otherwise provided herein, the provisions of this ordinance shall be administered and enforced by the Chief of Police or his designated representative. In the enforcement of this ordinance the Chief of Police or his designated representative may enter upon private or public property to examine a vehicle or parts thereof, or obtain information as to the identity of a vehicle declared to be a nuisance pursuant to this ordinance. (Ord. 617, §1, adopted 1971 ) §7606: CONTRACT OR FRANCHISE AUTHORITY: The City Council may contract with or grant a franchise to any person or persons for the removal of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof. If such a contract or franchise is granted, such person or persons shall be authorized to enter upon private property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this ordinance. (Ord. 617, §1, adopted 1971) §7607: ADMINISTRATIVE COSTS: The City Council shall, from time to time, determine and fix an amount to be assessed as administrative costs (excluding the actual cost of removal of any vehicle or parts thereof) under this ordinance. Said costs of administration may be expressed as a fixed sum per removal or as a percentage of the actual cost of removal. (Ord. 617, §1, adopted 1971) §7608: ABATEMENT ACTION: Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private property or public property within the City, the Chief of Police or his designated representative shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein. (Ord. 617, §1, adopted 1971) 8O87 §7609 §7609 §7609: NOTICE REQUIRED: A ten (10) day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by registered mail to the owner of the land and to the owner of the vehicle unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notice of intention shall be in substantially the following forms: NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE (Name and address of owner of the land) As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned pursuant to §7605 of the Ukiah City Code has determined that there exists upon said land an, (or parts of an) abandoned, wrecked, dismantled or inoperative vehicle registered to , license number , which constitutes a public nuisance pursuant to the provisions of Division 8, Chapter 8, of the Ukiah City Code. You are hereby notified to abate such nuisance by the removal of said vehicle (or said parts of a vehicle) within ten (10) days from the date of mailing of this notice, and upon your failure to do so the same will be abated and removed by the City and the costs thereof, together with administrative costs, assessed to you as owner of the land on which said vehicle (or said parts of a vehicle) is located. As the owner of the land on which said vehicle (or said parts of a vehicle) is located, you are hereby notified that you may, within ten (10) days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the City Clerk within such ten (10) day period, the Chief of Police or his designated representative shall have the authority to abate and remove said vehicle (or said parts of a vehicle) as a public nuisance and assess the costs as aforesaid without a public hearing. You may submit a sworn written statement within such a ten (10) day period denying responsibility for the presence of said vehicle (or said parts of a vehicle) on said land, with your reasons for denial, and such statement shall be construed as a request for hearing at which your presence is not required. You may appear in person at any hearing requested by you or the owner of the vehicle or, in lieu thereof, may present a sworn written statement as aforesaid in time for consideration at such hearing. Notice Mailed s~ NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE (Name and address of last registered and/or legal owner of record of vehicle - notice should be given to both if different) 8O88 {}7609 §7611 As last registered (and/or legal) owner of record of (description of vehicle - make, model, license, etc.) you are hereby notified that the undersigned pursuant to §7605 of the Ukiah City Code has determined that said vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled or inoperative vehicle at (describe location on public or private property) and constitutes a public nuisance pursuant to the provisions of Division 8, Chapter 8 of the Ukiah City Code. You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within ten (10) days from the date of mailing of this notice. As a registered (and/or legal) owner of record of said vehicle (or said parts of a vehicle), you are hereby notified that you may, within ten (10) days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the City Clerk within such ten (10) day period, the Police Chief or his designated representative shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing. Notice Mailed s~ (Ord. 617, § 1, adopted 19 7 I) §7610: REQUEST FOR HEARING; HEARING UNNECESSARY: Upon request by the owner of the vehicle or owner of the land received by the City Clerk or her designated representative within ten (10) days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the City Council on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the administrative costs and the cost of removal of the vehicle or parts thereof against the property on which it is located. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such ten (10) day period, said statement shall be construed as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed, by registered mail, at least ten (10) days before the hearing to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. If such a request for hearing is not received within said ten (10) days after mailing of the notice of intention to abate and remove, the City shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing. (Ord. 617, §1, adopted 1971) §7611: HEARING: All hearings under this ordinance shall be held before the City Council which shall bear all facts and testimony it deems pertinent. Said 8O89 {7611 {7613 facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the said private property or public property. The City Council shall not be limited by the technical rules of evidence. The owner of the land may appear in person at the hearing or present a sworn written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial. The City Council may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this Municipal Code Chapter. It may delay the time for removal of the vehicle or parts thereof if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the City Council may find that a vehicle or parts thereof has been abandoned, wrecked, dismantled or is inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as hereinafter provided and determine the administrative costs and the cost of removal to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle or parts thereof and the correct identification number and license number of the vehicle, if available at the site. If it is determined at the hearing that the vehicle was placed on the land without the consent of the owner of the land and that he has not subsequently acquiesced in its presence, the City Council shall not assess the costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such owner of the land. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land but does not appear, or if an interested party makes a written presentation to the City Council but does not appear, he shall be notified, in writing, of the decision. (Ord. 617, { 1, adopted 1971 ) {7612: REMOVAL; TIME LIMITS: Five (5) days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, five (5) days from the date of mailing of notice of the decision if such notice is required by {7611, or fifteen (15) days after such action of the governing body authorizing removal following appeal, the vehicle or parts thereof may be disposed of by removal to a scrap yard or automobile dismantler's yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operable. (Ord. 617, {1, adopted 1971) {7613: REQUIRED DEPARTMENT OF MOTOR VEHICLE NOTICES: Within five (5) days after the date of removal of the vehicle or parts thereof, notice 8O9O §7613 §7614 shall be given to the Department of Motor Vehicles identifying the vehicle or parts thereof removed. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title and license plates. (Ord. 617, §1, adopted 1971) §7614: I.,;[EN: If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to §7611 are not paid within thirty (30) days of the date of the order, such costs shall be assessed against the parcel of land pursuant to section 38773.5 of the Government Code and shall be transmitted to the Tax Collector for collection. Said assessment shall have the same priority as other City taxes. (Ord. 617, §1, adopted 1971) 8091 UKIAH POLICE DEPARTMENT 300 SEMINARY AVE., UKIAH, CA 95482 ABANDONED VEHICLE REPORT CASE NUMBER OBS ( ) B/C ( ) DETAIL (~ RDDRESS TELEPHONE LOCATION H~~ ~' ~2~J~J~ VIN ~~ WHICLE LIC NS ODOM T R REGISTERED OWNER ADDRESS ( ) MARKED 72 HOUR PARKING _._,~~~ ( ) REGISTERED OWNER CONTACTED ( ) TELETYPE MVS ~[ ( ) CHP AUTO - STATUS CHECK ( ) UNABLE TO LOCATE REGISTERED OWNER IMPOUND AUTHORITY DATE ( ) MOVED ( ) REGISTERED OWNER CONTACTED ( ) CITED ( ) STORED NARRATIVE (reason for abatement) PRIVATEPROPERTY ( ) PUBLIC PROPERTY DISPOSITION HEARING REQUESTED? REQUESTED BY DATE OF HEARING DECISION ( ) RELEASED ( ) TO BE DESTROYED ( ) OTHER POUCE 300 NT UKIAH, CAg5482 FRED W. KEPLINGER DIRECTOR OF PUBUC SAFETY POLICE 707/463-6242 FAX 707/462-6068 4/12/97 Dear Resident, The Ukiah Police Department has recently received complaints regarding abandoned, wrecked, dismantled or inoperable vehicles parked on the streets and on private property in your area. Vehicles found on public or private property in this condition are subject to abatement pursuant to City Ordinance and the California Vehicle Code. The Ukiah Police Department has identified at least 25 vehicles that may be considered abandoned, wrecked, dismantled or inoperable parked on public and private property on Sidnie Ct., Myron Pl., and Ford St. If you own or maintain one of these vehicles, the Ukiah Police Department is asking that you take steps to remove or dispose of the vehicle or vehicles during this grace period ending May I, 1997. If after May 1, 1997, vehicles in this condition are located in the area, abatement proceedings will be commenced and the vehicles will be removed at the expense of the owner, if on the street, or the owner of the property where it is located, if on private property. If'you have any questions about this matter, contact Sergeant Trent Taylor or Captain John Williams at 463-6242. Thank you for your cooperation in this matter. FRED W. KEPLINGER DIRECTOR OF PUBLIC SAFETY CITY OF UKIAH POLICE POUCE 300 qT UKIAH, CA 95482 FRED W. KEPLINGER DIRECTOR OF PUBUC SAFEr POUCE 707/463-6242 FAX 707/462-6068 NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE As the last registered (and/or legal) owner of record for the vehicle listed on attachment "A", or as the owner shown on the last equalized assessment roll of the land listed on attachment "A", you are hereby notified that the undersigned, pursuant to Section 7605 of the Ukiah City Code, has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled or inoperative vehicle registered to the person and/or persons listed on attachment "A", which constitutes a public nuisance pursuant to the provisions of Division 8, Chapter 8 of the Ukiah City Code. You are hereby notified to abate said nuisance by the removal of said vehicle (or parts of vehicle) within 10 days from the date of receiving this notice. Failure to do so will result in the Nuisance being abated and removed by the City and the costs thereof, together with administrative costs, assessed to you as the owner of land and/or the vehicle on which the said vehicle (or parts of a vehicle) are located. As the registered and/or legal owner of the vehicle (or parts of a vehicle) and/or the owner of the land on which it is located, you are hereby notified that you may, within 10 days after receiving this notice, request a public hearing and if such a request is not received by the City Clerk within this 10 day period, the Director of Public Safety or his designated representative shall have the authority to abate and remove said vehicle (or parts of a vehicle) without a hearing. Notice delivered on .~1~1~9~' To By: Sergeant T.N.Taylor #S-10 FRED W. KEPLINGER DIRECTOR OF PUBLIC SAFETY CITY OF UKIAH POLICE ATTACHMENT "A" LOCATION OF NUISANCE VEHICLE OF PART OF VEHICLE: DESCRIPTION OF NUISANCE VEHICLE OR PART OF VEHICLE: REGISTERED OR LEGAL OWNER OF NUISANCE VEHICLE OR PART OF VEHICLE: II MENDOCINO COUNTY SECURED ROLL C~LES CL~B~, ASSESSOR II PARCEL NO: 002-134-08-00 TYPE :A TRA: 003031 USE: O~R/MA~L~C ~ORESS OWNER: RAMOS RAUL & TERRY LEE C~E OWNER:RAMOS RAUL & TERRY LEE ,O~R 1- R2 ZIP:95482 ZIP4: SITUS ADDRESS/DESCRIPTION/ACRES CITY CODE:UK LOT: BLOCK: SUFF: ACRES: EXEMPTIONS CODES OTHER HO-EX: 7000 EXE: 4 APPR DT: 1990 OTHER: VET: AG NO: TOTAL: 7000 C-MISC: LOT SQFT: IMP%: 72 SALES HISTORY IIREC_NO: 4774 DATE:19880301 IIRE¢ '~: IIRE¢ Ii CLEAN:Ramos Raul & Terry Lee II SWAP:Raul Ramos II STR#: 49s OXR: IISTREET:Ford Ii CITY:Ukiah II STATE:CA ZIP:95482 ZIP4: IISTRT #: 495FPJ%: IISTREET:FO~ DIR: DTT: DTT AMT: SPLIT CODE:9 SPLIT 1: MAIL ADDRESS AOL: TYPE: S t CONDO: SITUS ADDRESS STRT#2: TYPE:ST End of Record SPLIT 2: SPLIT 3: SPLIT 4: II cAL:YII USA:YII II II II CONDO: AGENDA SUMMARY ITEM NO. 8a DATE' MAY 21, 1997 REPORT SUBJECT: RATIFICATION OF THE FINAL INDEMNIFICATION AGREEMENT WITH THE CITIES OF WlLLITS AND FORT BRAGG SUMMARY Submitted for the City Council's consideration is the final version of the proposed Indemnification Agreement to be offered to the cities of Willits and Fort Bragg. The disposal of their waste at the Ukiah Landfill is predicated on Ukiah indemnifying the cities of Willits and Fort Bragg against any claim or liability for hazardous or toxic waste contamination related to the Ukiah Landfill which may be alleged to result from the deposit of their waste at the landfill. This final version of the Agreement has been submitted to and approved by the City Councils of Willits and Fort Bragg and they have conditioned their approval to direct their waste to Ukiah's Landfill if the Agreement as written is ratified and executed by the Ukiah City Council. CONTINUED ON PAGE 2 RECOMMENDED ACTION: Consistent with previous City Council actions and directives, ratify the Landfill Agreements which provide specific indemnification to the cities of Willits and Fort Bragg should they direct their solid waste to the Ukiah Landfill, and authorize the Mayor to execute the agreements on behalf of the City. ALTERNATIVE COUNCIL POLICY OPTIONS: Not ratify the agreements. This action will undoubtedly cause the cities of Willits and Fort Bragg not to direct their solid waste to the Ukiah Landfill. The action could also jeopardize the progress made with the Regional Transfer Station. Appropriation Requested: Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Candace Horsley, City Manager Rick H. Kennedy, Director of Public Works/City Engineer Candace Horsley, City Manager 1. . . J Proposed Landfill Agreement between the cities of Willits and Ukiah. Proposed Landfill Agreement between the cities of Fort Bragg and Ukiah. Portion of City Council meeting minutes of December 7, 1994. Portion of City Council meeting min,utes of February 1, 1995. APPROVED:!~ Candace Horsley, City ~,X~nage R:I\LANDFILL:kk AINDEMNIFICATION Ratification of the Final Indemnification Agreements with the cities of Willits and Fort Bragg May 21, 1997 Page 2 Authorization and direction regarding the offer of an indemnification to the cities were provided by the City Council on December 7, 1994 and February 1, 1995. Authorization from the City Council to have the Mayor execute the final version of the Indemnification Agreement on behalf of the City is requested. BACKGROUND The City of Ukiah has been an active participant in County-wide solid waste issues and it has acknowledged that a team approach is needed to solve and meet our future solid waste needs. It is evident that a unified waste stream is needed to achieve reasonable and affordable transportation and tipping fees which all jurisdictions within Mendocino can enjoy. The Mendocino Solid Waste Management Authority (MSWMA) is pursuing the construction of a Regional Transfer Station to be located within the Ukiah Valley. It is proposed that all waste except that waste generated within Point Arena and the South Coast area be delivered to this Regional Transfer Station for ultimate disposal to an out-of-county landfill. Proposals for the construction and operation of the Transfer Station have been received and evaluated by MSWMA staff and on May 1 the MSWMA Board authorized a contract with Solid Waste Systems, Inc. Should the contract be approved by the four agency members and executed, it is anticipated that the Transfer Station would be completed and ready to receive waste by fall or early winter of 1998. Since the Willits Landfill is projected to close by June 30, 1997, 15 to 18 months prior to completion of the Regional Transfer Station, an interim-disposal location is needed for their wastestream of approximately 14,000 tons per year of compacted waste and 47,500 cubic yards per year of uncompacted waste. In the interest of keeping the entire County wastestream intact in order that all jurisdictions within Mendocino may enjoy the benefits of volume, the City of Ukiah has supported making the Ukiah Landfill available for the disposal of waste from Willits, Fort Bragg and the remaining County areas. Should these jurisdictions elect to dispose their waste at the Ukiah Landfill, the City's landfill will reach capacity at the time the Transfer Station is projected to begin operations. The acceptance of the additional wastestream at the Ukiah Landfill is also consistent with previous City Council policy that the landfill capacity be utilized and maximized, required pre-closure projects be completed, and sufficient funds for closure be collected prior to the City's utilization of an alternative solid waste disposal facility. Ratification of the Final Indemnification Agreements with the cities of Willits and Fort Bragg May21, 1997 Page 3 Because of the potential for litigation related to off-site and on-site contamination originating or caused by landfills and the subsequent responsibility for cleanup by those individuals or agencies who deposited waste in the contaminated site under the Resource Conservation and Recovery Act (RCRA) and the Clean Water Act (CWA), and because of two civil actions against the City of Ukiah which have not reached conclusion at this time, the cities of Willits and Fort Bragg have conditioned their approval to direct their waste to the City of Ukiah's Landfill to the execution of an Indemnification Agreement. By this Agreement, the City of Ukiah would agree to indemnify each city against any claim or liability for hazardous or toxic waste contamination in or originating from the Ukiah Landfill which is alleged to result from the deposit of Willits and Fort Bragg waste in the landfill. At their regular meeting of December 7, 1994, the City Council directed the City Manager "to offer to hold harmless and defend the cities of Willits and Fort Bragg against any claims from off-site contamination at the Ukiah Landfill in the event that municipal solid waste from those cities is disposed of at the Ukiah Landfill, provided: I , Those cities or their agents or employees or contractors do not participate in or condone the disposal of prohibited hazardous materials at the Ukiah Landfill. 1 Their disposal of prohibited hazardous waste at the Ukiah Landfill does not result from the neglected or willfully wrongful act or omission by the cities or their officers, agents, employees or contractors. e Those cities continue to participate in the household hazardous waste collection programs of MSWMA." At their regular meeting of February 1, 1995, the City Council agreed to move forward with the hold harmless policy and directed the City Attorney to prepare a draft indemnification agreement. The attached landfill agreements submitted for the Council's ratification and approval for the Mayor to execute same on behalf of the City of Ukiah provide the indemnification to the cities of Willits and Fort Bragg as sought by them and as set forth by the Ukiah City Council. The agreements have been submitted to and approved by the City Council's of Willits and Fort Bragg and they have conditioned their approval to direct their waste to Ukiah's Landfill if the agreement as written is ratified and executed by the City of Ukiah. LANDFILL AGREEMENT This Agreement is made and entered in Ukiah, California this day of , 1997, by and between the City of Ukiah ("Ukiah"), a general law municipal corporation, and the City of Willits ("Willits"), a general law municipal corporation. The parties hereby agree as follows: 1.1 Indemnification. Willits hereby notifies Ukiah that it is Willits' intent to dispose of all of Willits' compacted garbage at the Ukiah landfill. However,~the parties understand that Willits does not have flow control and cannot require its franchise hauler to dispose of all of Willits' compacted solid waste at any landfill. For the period of time that the company franchised by Willits to collect municipal solid waste inside its city limits disposes of all that municipal solid waste ("Willits waste") at Ukiah's licensed solid waste disposal facility ("landfill"), Ukiah agrees to indemnify Willits and its officers and employees against any claim or liabiIity for hazardous or toxic waste contamination in or originating from the landfill which is alleged to result from the deposit of Willits waste in the landfill, unless Willits or its franchised garbage hauler: a. Knowingly dispose of hazardous or toxic substances in Ukiah' s landfill; b. Failed to exercise the due care reasonably expected of municipalities the size of Willits in collecting municipal solid waste and as a direct and proximate result of such negligence, disposed of toxic or hazardous substances in Ukiah's landfill; or c. Failed to participate fully in any household hazardous waste disposal programs available through MSWMA to Willits and its residents. It is the intent of the parties that the indemnification shall apply in perpetuity as to Willits waste which is deposited at the landfill during any period of time in which Willits' franchised hauler is disposing of all Willits waste at Ukiah's landfill. The exceptions stated above shall not apply, if the sole evidence offered to hold Willits responsible for contamination in Ukiah's landfill consists of expert testimony or other evidence showing, attempting to show or tending to show the municipal solid waste, such as Willits waste, as a general matter contains a certain percentage of hazardous or toxic substances. 1.2 Gilbert Ashoff and Marjorie Ashoff, dba Vichy Springs Resort, Miles Crail, and the Friends of the Russian River (collectively, "plaintiffs") have filed two actions against the City of Ukiah and other defendants: 1) Ashoff et al. v. City of Ukiah et al., Mendocino County Superior Court No. 74102 ("CEQA case"), and 2) Ashoff et al. v. City of Ukiah (N.D. Cal) C-96-1302 ("RCRA case"). The CEQA case challenges the City's approval of the Environmental Impact Report ("EIR") prepared in connection with the most recent amendment to the City's Solid Waste Facilities Permit for its solid waste disposal site ("Landfill"). The RCRA case was filed as a "citizens suit" under the federal Resource Conservation and Recovery Act and the Clean Water Act. In the RCRA case the plaintiffs claim that the City is operating the Landfill in violation of its permits and various state regulations. The CEQA case is pending in Mendocino County Superior Court. The RCRA case has been dismissed by the federal district court for the Northern District of California. Plaintiffs have appealed that dismissal to the Ninth Circuit federal court of appeals. Neither action seeks money damages from Ukiah. Ukiah agrees to indemnify, defend and hold harmless Willits, and its officers and employees, from and against any expense, liability or cost, including all necessarily incurred defense.costs and attorneys' fees, if plaintiffs in the CEQA case or the RCRA case attempt to name Willits or its officers or employees as defendants ~n either of those cases or in any similar case. "Indemnify" as used herein shall mean that Ukiah will fully defend Willits against any claim covered by this Agreement and pay all of the costs of that defense, including, but not limited to, attorneys' fees, litigation expenses, expert witness fees, and the professional fees and expenses of other experts whose services are used in defending the claim. It also means that Ukiah will pay all costs of any settlement or judgment resulting from a claim covered by this Agreement. "Hazardous or toxic substances" as used herein means any chemical or substance that is classified as hazardous or toxic by any state or federal statute or regulation. 2. Acceptance of Waste Upon Payment. Ukiah shall have no obligation to accept Willits waste at its landfill, if Willits or its franchise fails to pay disposal fees when due under Ukiah's rules, regulations and policies. Ukiah's ordinances, rules and regulations pertaining to the landfill and payment for Ukiah services, as they now read or as they may be amended from time to time, are incorporated herein by reference. 3. Franchise Hauler Only. Only the commercial waste hauler for Willits may use the Ukiah landfill pursuant to this Agreement. -2- 4. Entire Agreement. This Agreement contains the entire agreement between Willits and Ukiah regarding Ukiah's indemnification of Willits for the disposition of Willits waste in the landfill. It replaces any other agreement, representations, or understandings between the parties. 5. Effective Date. This Agreement-becomes effective upon the date first written above, provided that it is accompanied by written evidence that the Ukiah and Willits city cOuncils have approved the agreement and authorized the appropriate city official to sign it on each city's behalf. CITY OF UKIAH CITY OF WILLITS By: By: ATTEST: ATTEST: Ukiah Clerk Willits Clerk -3- LANDFILL AGREEMENT This Agreement is made and entered in Ukiah, California, this day of , 1997, by and between the City of Ukiah ("Ukiah"), a general law Municipal Corporation, and the City of Fort Bragg ("Fort Bragg"), a general law Municipal Corporation. The parties hereby agree as follows: 1.1 Indemnification. Fort Bragg hereby notifies Ukiah that it is Fort Bragg's intent to dispose of all of its compacted garbage at the Ukiah Landfill. However, the parties understand that Fort Bragg does not have flow control and cannot require its franchise hauler to dispose of all of its compacted solid waste at any landfill. For the period of time that the company franchised by Fort Bragg to collect municipal solid waste inside its City limits disposes of all that municipal solid waste ("Fort Bragg") waste at Ukiah's licensed solid waste disposal facility ("landfill"), Ukiah agrees to indemnify Fort Bragg and its officers and employees against any claim or liability for hazardous or toxic waste contamination in or originating from the landfill which is alleged to result from the deposit of Fort Bragg waste in the landfill, unless Fort Bragg or its franchised garbage hauler: a. Knowingly disposes of hazardous or toxic substances in Ukiah's Landfill; bi Failed to exercise the due care reasonably expected of municipalities the size of Fort Bragg in collecting municipal solid waste and as a direct and proximate result of such negligence, disposed of toxic or hazardous substances in Ukiah's Landfill; or C, Failed to participate fully in any household hazardous waste disposal programs available through Mendocino Solid Waste Management Authority (MSWMA) to Fort Bragg and its residents. It is the intent of the parties that the indemnification shall apply in perpetuity as to Willits waste which is deposited at the landfill during any period of time in which Fort Bragg's franchised hauler is disposing of all Fort Bragg waste at Ukiah's Landfill. The exceptions stated above shall not apply, if the sole evidence offered to hold Fort Bragg responsible for contamination in Ukiah's Landfill consists of expert testimony or other evidence showing, attempting to show or tending to show the municipal solid waste, such as Fort Bragg's waste, as a general matter contains a certain percentage of hazardous or toxic substances. 1.2 Gilbert Ashoff and Marjorie Ashoff, dba Vichy Springs Resort, Miles Crail, and the Friends of the Russian River (collectively, "plaintiffs") have filed two actions against the City of Ukiah and other defendants: 1) Ashoff et al. v. City of Ukiah et al., Mendocino County Superior Court No. 74102 ("CEQA case"), and 2) Ashoff et al. v. City of Ukiah (N.D. Cai) C-96-1302 ("RCRA case"). The CEQA case challenges the City's approval of the Environmental Impact Report ("EIR") prepared in connection with the most recent amendment to the City's Solid Waste Facilities Permit for its solid waste disposal site ("Landfill"). The RCRA case was filed as a "citizens suit" under the federal Resource Conservation and Recovery Act and the Clean Water Act. In the RCRA case the plaintiffs claim that the City is operating the Landfill in violation of its permits and various state regulations. The CEQA case is pending in Mendocino County Superior Court. The RCRA case has been dismissed by the federal district court for the Northern District of California. Plaintiffs have appealed that dismissal to the Ninth Circuit Federal Court of Appeals. Neither action seeks money damages from Ukiah. Ukiah agrees to indemnify, defend and hold harmless Fort Bragg, and its officers and employees, from and against any expense, liability or cost, including all necessarily incurred defense costs and attorneys' fees, if plaintiffs in the CEQA case or the RCRA case attempt to name Fort Bragg or its officers or employees as defendants in either or those cases or in any similar case. "Indemnify" as used herein shall mean that Ukiah will fully defend Fort Bragg against any claim covered by this Agreement and pay all of the costs of that defense, including, but not limited to, attorneys' fees litigation expenses, expert witness fees and the professional fees, and expenses of other experts whose services are used in defending the claim. It also means that Ukiah will pay all costs of any settlement or judgment resulting from a claim covered by this Agreement. "Hazardous or toxic substances" as used herein means any chemical or substance that is classified as hazardous or toxic by any state or federal statute or regulation. 2. Acceptance of Waste upon Payment. Ukiah shall have no obligation to accept Fort Bragg waste at its landfill, if Fort Bragg or its franchised hauler fails to pay disposal fees when due under Ukiah's rules, regulations and policies. Ukiah's ordinances, rules and regulations pertaining to the landfill and payment of Ukiah services, as they now read or as they may be amended from time to time, are incorporated herein by reference. 3. Franchise Hauler Only. Only the commercial waste hauler for Fort Bragg may use the Ukiah landfill pursuant to this Agreement. 4. Entire Agreement. This Agreement contains the entire agreement between Fort Bragg and Ukiah regarding Ukiah's indemnification of Fort Bragg for the disposition of Fort Bragg waste in the landfill. It replaces any other agreement, representations, or understandings between the parties. 5. Effective Date. This Agreement becomes effective upon the date first written above, provided that it is accompanied by written evidence that the Ukiah and Fort Bragg City Councils have approved the Agreement and authorized the appropriate City Official to sign it on each City's behalf. CITY OF UKIAH CITY OF FORT BRAGG BY: BY: Mayor of Ukiah Mayor of Fort Bragg ATTEST: ATTEST: City Clerk of Ukiah City Clerk of Fort Bragg B:AGREEMENT FORTBRAGG 168 prefers. He indicated Option 2a will work. Councilmember Malone explained the past rotation of Mayor made a difference, but now the Mayor stays for only two years. He indicated Council can state their case for nomination requested from Mayor. Discussion ensued regarding possible scenarios and political ramifications. Councilmember Shoemaker stated we should wait for Mastin before vote, and requested the Council table this matter. Councilmember Malone indicated he is willing to table. M/S Wattenburger/Schneiter to approve option la. Mayoral nomination with Council vote is retained, but ordinance is amended to require Mayor receipt of public input from City Council members regarding candidates. Councilmember Shoemaker noted he has problem with the staff report that poses the question if Council still wants to do this, after a majority vote had taken place to do that. The City Manager replied the staff report explained that staff required further direction on the type and means of rotations, and staff was unaware that there would be less than a full Council present at this meeting. Mayor Schneiter called for the question. The motion failed for lack of a majority by the following roll call vote: AYES: Councilmembers Wattenburger and Mayor Schneiter. NOES: Councilmembers Shoemaker and Malone. M/S Malone/Shoemaker to table this matter until Councilmember Mastin can provide input. The motion failed for lack of a majority vote with the following roll call vote: AYES: Councilmember Malone and Shoemaker. NOES: Councilmember Wattenburger and Mayor Schneiter. Councilmember Shoemaker expressed his displeasure at this outcome when Council had voted to amend this process and return with modifications. 7b. Discussion Regarding Memorandum Received From Deputy County Counsel Jeanine Bauman, Concerning Indemnification of City Land fill, with Possible Direction to City Staff The City Attorney reported on the memorandum received from Deputy County Counsel Jeanine Bauman concerning Comprehensive Environmental Response, Compensation,- and Liability Act of 1980 (CERCLA) regarding potential claims against municipal landfills. He explained the hazardous waste legislation in comparison to .CERCLA. He advised the intent of congress controls or for the disposition of hazardous waste is for equal responsibility for clean up costs. Discussion ensued regarding potential liability and different scenarios with accepting waste from other agencies, and our load checking procedures. The City Attorney advised he does not recommend an indemnification agreement with anyone bringing waste into the landfill. He explained that Council may need to weigh the business factors against the risk factors, which Council is entitled to make policy decisions based on conducting City business. Discussion ensued regarding options and alternatives. Councilmember Shoemaker noted 'the reason for this item, this is supposedly the last issue keeping other citys from using our landfill. He indicated he wants the Council to take as strong of a position as possible, to make an important business decision to Reg. Mtg. December 7, 1994 Page 3 take other garbage. Me explained our loading checking procedures are excellent and we are attempting to make every effort to protect our landfill. Bob Wattenburger, 611 West Clay Street, stated he does not feel we should take garbage from outside our area. He commented that garbage waste is contaminated from Laytonville, Ft. Bragg, Casper, Pt. Arena, and the risk is too g~eat to the city of Ukiah. He stated the City of Ukiah has no business taking care of their garbage. Mayor Schneiter explained we need some variation or wording which will benefit both the City of Ukiah while achieving the necessary results for the other agencies. Councilmember Shoemaker requested this matter of business be tabled until some wording can be proposed later in the meeting by the City Attorney and himself. Recess - 7:35 Reconvened - 8:43 p.m. M/S Wattenburger/Malone to table this matter of business to later in the agenda. The motion was carried by an unanimous voice vote of all AYE. Councilmgmber Shoemaker was absent from meeting. NEW BUSINESS aa. Consideration and Approval of Requested Changes to Airport Hangar Rental Master Agreement The Airport Manager reported after the last Airport Commission meeting it was determined there is a need to amend the Airport Hangar master agreement to reflect the fact that some aircraft do not have registration numbers and there is a need to allow for the insertion of an alternative Identification number such as an engine or kit serial number. He noted the ultralights or a kit plane or a Canadian plane could not be based at our airport due to no N number. He explained this will allow him to better enforce the terms of the master rental agreement. Councilmember Shoemaker returned to the meeting at this time. Councilmember Malone noted one reason for this agreement in the first place was due to avoiding improper usage, or rental other than aviation, as there is a waiting list for these spaces. He indicated he feels any ultralight should not be using airplane hangars and all aircraft should be on the lease Councilmember Wattenburger noted there are many different types and sizes hangars which can accommodate everyone. Mayor Schneiter noted it would be inappropriate for other usage. Chuck Simon, 1100 Riverside Drive, Vice-chairman of Airport Commission noted this started 18 months ago as the Airport Commission received complaints of people needing hangars when people were building kit planes in hangars while expensive planes stay out. He indicated there is no problem with flying machines renting hangars, if bonafide airplane, not building kits that can't fly, repair ok, but not construction type activities. He noted a plane that flys vs. building is appropriate use and feels a kit number is not ok. He noted Ken Fowler cannot use a hangar for his new plane. The City Manager noted Mr. Fowler desires to build a hangar. The Airport Manager reported there are only 4 to 6 on the waiting list compared to 15 years ago when we had a waiting list of 100. Councilmember Wattenburger questioned how many hangars are being used for construction? He needs facts before address this perceived problem. If several then maybe the City could build an enterprise for this activity. 171 Reg. Mtg. December 7, 1994 Page 4 173 jurisdiction with Ukiah billed 18.71 percent of the total $12,000. M/S Malone/Wattenburger authorized budget adjustment of $2,180.40 to accommodate payment for Poison Control assessment. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Mastin. Sd. Consideration and &doption of Resolution ~pproving Memorandum of Understandings for Employee Bargaining Units of ; i. Electric, ii. Miscellaneous, iii. Police, iv. Fire, and v. Management Mayor Schneiter this item of business will be addressed after Closed Session. Se. Rejection of Bids for One Ton Heavy Duty Truck with Cab and Chassis Truck The City Engineer/Public Works Director reported on the bid quotes, and noted if the specification for air conditioning is waived we need to go back to the two lowest bidders. He explained the primary recommendation for rejection is that these bids were over budget. Councilmember Shoemaker noted his only question is why air conditioning with small trips. The City Engineer noted closed vehicles get hot and need to be cooled before driving. Councilmember Malone noted that required large fuel tank capacity it is just for range, and explained with in town trips he feels large capacity is not necessary. The City Engineer noted the bid proposals were over budget. M/S Shoemaker/Wattenburger to reject bids for one ton heavy duty truck with cab and chassis. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, and Mayor Schneiter. NOES: Councilmember Malone. Absent: Councilmember Mastin. Continued from 7b. Discussion Regarding Memorandum Received From Deputy County Counsel Jeanlne Bauman, Concerning Indemnification of City Landfill, with Possible Direction to city staff M/S Shoemaker/Malone to take this item of business off of the table to further discuss the matter. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Mastin. M/S Shoemaker/ Malone the City Manager is directed to offer to hold harmless and defend the cities of Fort Bragg and Willits against any claims from off-site contamination at the Ukiah landfill in the event that municipal solid waste'frAm those cities is disposed of at the Ukiah landfill, provided: (1) Those cities or their agents , or employees, or contractors participate in or condone the disposal of prohibited hazardous materials at the Ukiah Landfill; (2) Their disposal of prohibited hazardous waste at the Ukiah landfill does not result from the negligent or willfully wrongful act or omission by the cities or their officers, agents, employees or contractors; and (3) Those cities continue to participate in the household hazardous waste collection programs of the Mendocino Solid Waste Management Authority. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Mastin. CITY COUNCIL/REPORTS Councilmember Malone Reported the tree lighting ceremony and the truckers parade was well attended even though it was raining. Reg. Mtg. December 7, 1994 Page 6 196 Councilmember Malone questioned whoever has those historical skills may be limited to a few who do not have private property land use public hearing experience. The Planning Director noted this board would only be advisory related to thls subject, not land use planning. Councilmember Shoemaker noted he is not comfortable with a permit automatically issued after 60 days. He indicated he wants to see what other cities are doing. Councilmember Wattenburger favors alternatfveNo, i for a group of experts. It was the consensus of Council for staff to develop alternative No 1 with more information as to Council's expressed concerns. 94. Discussion Concerning City of ~illits Request for Indemnification for Ukiah Landfill The city Manager reported on the request from the City of Willits to prepare a draft indemnification agreement based on the City of Ukiah's proposal which was submitted before the holidays. He reported the City has offered a proposal to other County agencies to accept their solid waste into the Ukiah landfill at a rate of $64 per ton. He' eRplained the City of Willits is considering four different proposals fDr their future solid waste. He reviewed other City actions and concerns. He noted the City of Willits in order to respond, require an ~ctual agreement for consideration. He reviewed the Mendocino Solid Waste Management Authority meeting held today in Willits. Ft. Bragg was not represented. Councilmember Wattenburger explained he previously stated his concerns at the last meeting, and does not want to waste time. Vice-Mayor Shoemaker explained approval is needed by Council to move forward. It was the consensus of Council to move forward and for the City Attorney to prepare a draft indemnification agreement. Recess - 7:55 p.m. Reconvened - 8:00 p.m. i0a. Receive Resignation Letter From Planning Commissioner Richard Howland, Authorize the city Clerk to Advertise Vacancy, and Review Applicatlon Questionnaire Council discussion ensued regarding past lack of response for vacancies, interviews in afternoon of March 15 with appointment at the regular meeting, and then only two possible general plan review meetings to attend by new members. M/S Wattenburger/Malone to authorize the City Clerk to advertise the vacancy with paid advertisement, and accept the resignation letter received from Planning Commissioner Richard Howland. The motion was carried by a unanimous voice vote of all AYE. Vice-Mayor Shoemaker requested a letter of appreciation be sent to Mr. Howland. 10b. Consideration and Adoption of Resolution Amending Resolution No. 90-34 Authorizing the Prohibition of Skateboard Use on Public Property at Various Locations Throughout the City of Ukiah Background material received from audience participants was distributed to Council. Assistant Redevelopment Director reviewed the past history of the issue of skateboarding, explained receiving formal complaints from Savings Bank for relief from damage by skateboards. He noted damage to awnings, walls, streetscape damage, is increasing in the downtown area due to skateboarding. He explained the City has embraced idea of skateboarding in a specific location, which has Reg. Mtg. February 1, 1995 Page 5 AGENDA SUMMARY ITEM NO. 8b DATE: May 21, 1997 REPORT SUBJECT: DISCUSSION AND ACTION CONCERNING THE CLOSURE OF MARLENE STREET AT ORCHARD AVENUE SUMMARY: At the regular City Council meeting of May 7, 1997 the Council adopted a resolution continuing designation of Marlene Street as one-way for eastbound traffic. Staff was further directed to report back to the Council with traffic count data relating to the one- way opening at Marlene Street. ACTIONS TAKEN: On February 6, 1997 the Public Works Street Maintenance crew removed one-half of the temporary barricade at the east end of Marlene Street at South Orchard Avenue to allow one-way traffic to exit Marlene Street eastbound. Appropriate signage was installed which clearly indicated that the opening to Marlene Street at Orchard Avenue was one-way for eastbound only. Continued on Page 2 RECOMMENDED ACTION: Adopt Resolution Permanently Establishing the Opening of Marlene Street at Orchard Avenue as One-way for Eastbound Traffic ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Open Marlene Street at Orchard Avenue to both directions of traffic; 2. Direct staff to close the south end of Lorraine Street or to prohibit through movements across Talmage Road to and from Airport Park Boulevard. Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: Prepared by: Coordinated with: Attachments: Acct. No.: (if budgeted) Kennedy, Director of Public Works/City En,~g,,[neer Rick Seanor, Deputy Director of Public Works ,~/~ Rick Candace Horsley, City Manager Rick Kennedy, Director of Public Works/City Engineer 1. Resolution Permanently Establishing the Opening of Marlene Street at Orchard Avenue as One-way for Eastbound Traffic 2. Traffic Count Data 3. Location Map APPROVED: ' ~") Candace Horsley, City nager Page 2 Discussion and Action Concerning the Closure of Marlene Street at Orchard Avenue May 21, 1997 TRAFFIC INFORMATION: Traffic count data has been tabulated for all traffic counts collected in the neighborhood since 1992. Please refer to Attachment "2". On Attachment "2", Page 6, a summary of all traffic counts is presented. For the most recent count in May 1997 there has been a small increase in traffic volume on Lorraine Street caused by the opening of one-half of the barricade on Marlene Street at Orchard Avenue. The traffic volumes for Lorraine Street and Marlene Street (east of Lorraine St.) on the most recent count are still below the traffic volumes prior to the placement of the full barricade. RECOMMENDATIONS: From a traffic circulation perspective, the complete opening or partial opening of Marlene Street at Orchard Avenue is superior to a full closure at this intersection. A full closure at Marlene Street and Orchard Avenue requires the residents west of Orchard Avenue to utilize Waugh Lane as a route to Gobbi Street. The intersection of Waugh Lane and Gobbi Street is partially controlled for the south leg of Waugh. The delay to vehicles stopped at this leg waiting to make a left turn during peak periods can be considerable. Because of its proximity to the intersection of Leslie Street and Gobbi Street, approximately 350 linear feet, an all way stop (3 ways) at Waugh and Gobbi Street is not desirable because stopped vehicles on Gobbi Street during peak hours will block the Leslie intersection. The four way stop intersection of Gobbi Street and Orchard Avenue is by far the superior and preferred intersection. The complete or partial opening of Marlene Street at Orchard Avenue allows access for Public Safety and emergency vehicles. A full closure is therefore not advised. Staff is recommending that the opening of Marlene Street at Orchard Avenue remain open to eastbound traffic only. Although the traffic volumes have increased with the partial opening, traffic levels are still below the volumes previously experienced with the full opening of Marlene Street. Staff also believes that the traffic humps discourage the use of Lorraine Street as a through route to the Airport Industrial Park despite the fact that residents are reporting some vehicles are "gutter running" around the humps. Improvements can be incorporated to reduce "gutter running" such as the installation of pipe bollards. The adoption of the resolution labeled Attachment 1 will establish the permanent opening of Marlene Street at Orchard Avenue as one-way for eastbound traffic. ALTERNATIVE RECOMMENDATION: Should the City Council prefer to open the entrance to Marlene Street at Orchard Avenue to both directions of traffic in response to a perceived safety hazard resulting from the disobedience of traffic control devices by some vehicle operators, staff is recommending that either the southerly terminus of Lorraine Street at Old Talmage Road be completely closed to traffic or the through north/south movements across Talmage Road to and from Airport Park Boulevard be eliminated. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING THE OPENING OF MARLENE STREET AT ORCHARD AVENUE AS ONE-WAY FOR EASTBOUND TRAFFIC WHEREAS, the City Council may by resolution designate one-way streets pursuant to Article 6, Chapter 1, Division 8, of the Municipal Code; and WHEREAS, the extension of orchard Avenue to Marlene Street creates a continuous vehicular route from Gobbi Street to Talmage Road via Lorraine Street, a residential street; and WHEREAS, Wal-Mart generated traffic has impacted Lorraine Street as evidenced by traffic counts, visual inspections, and public testimony from the residents; and WHEREAS, the City is obligated to provide means to divert the additional traffic from the Lorraine Street and Marlene Street residential neighborhood; and WHEREAS, the City Engineer has reviewed the merits of a either a full closure or partial closure of the opening to Marlene Street at Orchard Avenue including a review of needed traffic circulation for the entire residential neighborhoods; and WHEREAS, the City Engineer recommends the superior alternative which is the partial closure of the Marlene Street opening at Orchard Avenue to westbound traffic. NOW, THEREFORE, BE IT RESOLVED by the Ukiah City Council that the opening of Marlene Street at Orchard Avenue be established as one-way for eastbound traffic. III III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED this following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Colleen B. Henderson City Clerk B:I ~RF~I :KK MARLENE.4 day of ,1997, by the Sheridan Malone Mayor LORRAINE ST., BETTY ST., MARLENE ST. TRAFFIC COUNT DATA, AUG. - SEPT. 1992 CITY OF UKIAH Data Received from Mendocino Co. Public Works on September 1 5, 1992 Traffic data before Orchard Avenue was opened from Gobbi Street south NB - Northbound Traffic; SB - Southbound Traffic EB = Eastbound Traffic; WB = Westbound Traffic Prepared By: Rick Seanor Betty Street Marlene Street (south of Marlene Street) (east of Lorraine St.) Date Day NB SB TOTAL EB WB TOTAL 24-Aug-92 Monday 363 276 639 237 241 ,t-78 25-Aug-92 Tuesday 386 331 717 285 255 54-0 26-Aug-92 Wednesday 445 333 778 0 0 0 27-Aug-92 Thursday 413 337 750 278 270 54-8 Daily Traffic 402 319 721 267 255 522 Average Waugh Lane Waugh Lane (just south of Cooper Lane) (south end) Date Day NB SB TOTAL NB SB TOTAL 31-Aug-92 Monday 1,773 1,118 2,891 81 2 1,862 2,674- 1-Sep-92 Tuesday 0 0 0 811 1,924 2,735 2-Sep-92 Wednesday 1,707 1,216 2,923 845 1,777 2,622 3-Sep-92 Thursday 1,626 1,170 2,796 844 1,789 2,633 Average Daily Traffic 1,702 1,168 2,870 82_.8 1,838 2,666 Lorraine Street Marlene Street Cooper Lane (south of Marlene Street) (west of Lorraine St.) Date Day NB SB TOTAL EB WB TOTAL EB WB TOTAL 8-Sep-92 Tuesday 356 345 701 143 80 223 648 812 1,4-60 9-Sep-92 Wednesday 323 347 670 151 77 228 593 790 1,383 10-Sep-92 Thursday 386 381 767 1 53 84 237 567 714 1,281 Avera,~e Daily Traffic 355 358 713 149 80 229 603 772 1,375 Date Time Printed: 5/16/97 at 11:03 AM TTfl £ rd T 1, Z ~ o ,~ o o~ r-- o~ ~ ~ 133 03 (30 03 cO 0 0 ~ (3-, 0 ~ ~ ~ 0 ~ 0 ~ ~ o ~ ~ o ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 LU LI.I U.J LL! 0 0 0 0 w w 0 LORRAINE ST., BETTY ST., MARLENE ST. TRAFFIC COUNT DATA, JANUARY 1997 CITY OF UKIAH I I I I I I Summary of Traffic Counts - Lorraine St., Betty St., Marlene St. Neighborhood Data Received from Mendo¢ino Co. Public Works on .January 22, 1997 I I I I ~IB = Northbound Traffic; SB = Southbound Traffic EB = Eastbound Traffic; WB = Westbound Traffic Prepared By: Rick Seanor j Date & Time Printed: 2/24/97 9:19 I Waugh Lane Waugh Lane Cooper Lane (south end) (just south of Cooper Lane) Date Day NB SB TOTAL NB SB TOTAL EB WB TOTAL 15-Jan-97 Wednesday 1,240 1,462 983 1,086 2,069 1 6-Jan-97 Thursday 1,703 1,210 2,913 1,288 1,458 2,746 958 1,087 2,045 -- 1 7-Jan-97 Friday 1,853 1. ,395 3,248 1,365 1,569 2,934 903 1,249 2,152 18-Jan-97 Saturday 1,261 865 '2,126 1,046 1,110 2,156 883 1,117 Z, O00 1 9-Jan-97 Sunday 1,041 767 1,808 833 1,023 1,856 769 921 1,690 20-Jan-97 Monday 1,491 1,028 2,519 1,083 1,245 2,328 851 1,010 1,861 21 -Jan-97 Tuesday 1,698 1,240 7,938 1,228 1,483 2,711 572 760 1,332, Avera,~e Daily Traffic 1,so8 1,o84 2,592, 1,155 1,336 2,455 846 1,o33 1,878 Marlene Street Lorraine Street Betty Street (west of Lorraine St.) Date Day NB SB TOTAL NB SB TOTAL EB WB TOTAL 7-Jan-97 Tuesday 189 227 230 457 61 88 149 8-Jan-97 Wednesday 369 236 605 248 245 493 86 82 168 9-Jan-97 Thursday 41 5 227 642, 231 269 500 77 90 167 10-Jan-97 Friday 375 243 618 260 269 52,9 83 70 153 11 -Jan-97 Saturday 219 85 91 176 12-Jan-97 Sunday 178 59 47 106 13-Jan-97 Monday 186 66 86 152, Average Daily Traffic 386 211 622 242 253 495 74 79 153 LORRAINE ST., BETTY ST., MARLENE ST. TRAFFIC COUNT DATA, MAY 1997 CITY OF UKIAH I I I I I I t I Summary of Traffic Counts - Lorraine St., Betty St., Marlene St. Neighborhood I Data Received from Mendocino Co. Public Works on April 30, 1997 & May 15 & 16, 1997 NB = Northbound Traffic; SB = Southbound Traffic fiB = Fastbound Traffic; WB = Westbound Traffic Preparec[ By: Rich Seanor I Waugh Lane {just north of Cooper Lane) Date Day NB SB TOTAL 24-Apr-97 Thursday 1,587 2,101 3,688 25-Apr-97 Friday 1,780 2,301 4,081 26-Apr-97 Saturday 1,455 1,830 3,285 27-Apr-97 Sunday 1,208 1,504 2,712 28-Apr-97 Monday 1,659 2,228 3,887 Averadje Daily Traffic 1,538 1,993 3,491 Waugh Lane Marlene Street (just south of Cooper Lane (east of Lorraine St.) Date Day NB SB TOTAL EB WB TOTAL 30-Apr-97 Wednesday 1,336 1,661 2,997 586 0 586 1-May-97 Thursday 1,487 1,901 3,388 587 0 587 2-May-97 Friday 1,582 2,086 3,668 720 0 72.0 3-May-97 Saturday 1,259 1,667 2,926 608 0 608 4-May-97 Sunday 1,004 1,204 2,208 579 0 579 Average Daily Traffic ~,334 1,704 3,048 616 0 616 Lorraine Street Betty Street (south of Marlene St.) (south of Marlene St.) Date Day NB SB TOTAL NB SB TOTAL 6-May-97 Tuesday 584 283 867 269 256 525 7-May-97 Wednesday 519 309 82.8 293 254 547 8-May-97 Thursday 559 280 839 311 270 581 9-May-97 Friday 615 333 948 326 284 610 1 O-May-97 Saturday 609 291 900 300 292 592 11-May-97 Sunday 472 252 724 296 249 545 Averad~e Daily Traffic 56O 291 851 299 268 567 Waugh Lane Marlene Street Cooper Lane (south end) (west of Lorraine St.) Date Day NB SB TOTAL EB WB TOTAL EB WB TOTAL 13-May-97 Tuesday 1,149 1,489 2,638 275 64 339 941 139 1,080 14-May-97 Wednesday 1,300 1,382 2,682 275 46 321 1,013 109 1,122 15-May-97 Thursday 1,251 1,490 2,741 263 55 318 967 115 1,082 Average Daily Traffic 1,233 1,454 2,687 271 55 326 974 121 1,095 Date Time Printed: 5/16/97 at 11:46 AM ~ ~ I-- Z D 0 0 SUN IOUSF. I~AITK GnACE L LUMK. VEL P;. I'EACII MUS. I. ANCI lC Df. I. r;F Y I,M. tt.P. PLUM S1. cir. c, 111. V. DEPr. lOMAS Sl,~ DEBO RUPE 'ALMAGE r'- IIASIlNOS'! AV. COMMERCE DR. U.S.G.S. YOSEMITE EL RIO ST. OAK MANOR Cl. ~ 1~116 }WANOI3 OAKS MOB. ESTS. ~C^LOW~ FRNI'. fl, RD. LIMIT S'l. F ITEM NO. 9a DATE: May 21, 1997 AGENDA SUMMARY REPORT SUBJECT: REPORT REGARDING COMMISSION AND BOARD MEMBER TERMS EXPIRING JUNE 30, 1997 AND SET DATE TO INTERVIEW APPLICANTS Attached for the Council's information is the current list of terms for City of Ukiah Board and Commission Members. Please note the expiration of the terms of Planning Commissioner Joe Chiles (his recent appointment was to fulfill the remainder of an existing term), Golf Course Committee members Don Rones (Parks and Recreation Commission Representative), Perry Ramsey (Public Member) and Don Crawford (Men's Golf Club Representative), and Demolition Permit Review Committee Members Thom Parducci (Design Review Committee Chairman), Clif Shepard (City of Ukiah Building Official) and Judy Pruden (Ukiah Resident). Also note that of this group, Joe Chiles, Don Rones and Don Crawford are eligible for reappointment. Continued to page 2) RECOMMENDED ACTION: Receive report of Commission and Board Member vacancies, authorize City Clerk to advertise the open positions, and set date to interview applicants ALTERNATIVE COUNCIL POLICY OPTIONS: Determine not to interview Planning Commission and/or other applicants. Acct. No. (if NOT budgeted): Acct. No. (if budgeted) Appropriation Requested: Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Colleen B. Henderson, City Clerk Larry DeKnoblough, Director of Community Services, and Candace Horsley, City Manager 1. Terms of City of Ukiah Board and Commission Members; 2. Resolution 95-48. Candace Hor~ley, C~ty I~anager c:asr.cbh/521 According to City of Ukiah Resolution No. 95-48, and with the Council's concurrence, the vacancies will be advertised thirty days prior to appointment, each member eligible to serve again will be notified it is necessary to reapply, and committees and/or clubs will be asked to nominate a representative for the Council's consideration. If the Council chooses to hold interviews of the applicants for Planning Commissioner and/or other positions, a date for such interviews should be established. Interviews should take place before the first meeting in July so that the appointments may be made at the July 2 meeting. , TERMS OF CITY OF UKIAH BOARD AND COMMISSION MEMBERS - FEBRUARY 3, 1997 Airport - 3 year term - Mastin Ken Fowler* Matthew Froneberger Allan Hunter Bob Webb Mark Davis* Present Term Last Date Expires to Serve 6/30/98 6/30/01 6/30/98 6/30/01 6/30/98 6/30/98 6/30/98 6/30/01 6/30/99 6/30/99 *TWO Commissioners may reside in the City's Sphere of Influence Planning - 3 year term - Malone Eric Larson Mike Correll Jennifer Puser Judy Pruden Joe Chiles 6/30/98 6/30/98 6/30/98 6/30/99 6/30/97 6/30/01 6/30/04 6/30/01 6/30/02 6/30/03 Parks and Recreation - 3 year term - Malone Angela Hooper Allen Carter John W. Meier Jeffery Anderson Susan Johnson Donald Rones Michael Woskow** 6/30/98 6/30/98 6/30/98 6/30/98 6/30/98 6/30/98 6/30/99 6/30/02 6/30/99 6/30/02 6/30/99 6/30/02 6/30/99 6/30/02 **Two Commissioners may reside within City's sphere of influence Civil Service Board Albert Beltrami (reappointed by Council 9/6/95) Gary Bruchler (appointed by employees 1991/reapplied 8/31/95) Dan Saylor (appointed by two other members) City Representative on the Library Advisory Commission Ann Fatch 6/30/92 Cultural Arts Advisory Board - Malone Currently Inactive Golf Course Committee - 2 year term - Malone Don Rones - Parks Representative 6/30/97 Perry Ramsey - Public Member 6/30/97 Elsie Nielson - Public Member 6/30/98 Faye Hefte - Women's Golf Club 6/30/98 Don Crawford - Men's Golf Club 6/30/97 6/30/01 6/30/97 6/30/02 6/30/02 6/30/99 Demolition Permit Review Committee - 2 year term Thom Parducci - Design Review Comm Chr. 6/30/97 Clif Shepard - Building official 6/30/97 M. Giuntoli resigned 9/94 - Hist. Soc. 6/30/95 Judy Pruden - Resident 6/30/97 Director of Public Works/City Engineer 6/30/97 6/30/97 6/30/97 6/30/97 Investment Oversight Committee - Public Member 2-year term - Malone Candace Horsley - City Manager Gordon Elton - Finance Director Jim Mastin - City Council Member Monte Hill - Public Member 6/30/98 N/A Allen Carter - City Treasurer, Chair 6: ky\~nns 6:ci~ clcrk:b:\~nns RESOLUTION NO. 95- 48 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING PROCEDURE FOR FILLING VACANCIES ON CITY COMMISSIONS AND BOARDS. WHEREAS, 1. Ukiah City Code §1151 provides that members of the Planning Commission shall be appointed in accordance with a procedure established by resolution of the City Council; and 2. The City Council has not adopted a procedure for filling vacancies on the City's boards and commissions, including the Planning Commission; and 3. The City Council has determined that using a uniform procedure will insure fair and consistent treatment of candidates and councilmembers; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts the following procedure for filling vacancies on the City's commissions and boards, including the Planning Commission. PROCEDURE FOR FILLING VACANCIES ON COMMISSIONS AND BOARDS The City Council shall fill vacancies on City boards and commissions, using the following procedure. 1. Applicant pool. The City Council shall develop an available pool of candidates for a vacancy by advertising the vacancy at least once in a newspaper of general circulation in Ukiah not less than thirty (30) days prior to the council meeting at which the vacancy is to be filled. The advertisement shall specify a deadline for submitting applications. All completed applications received prior to the deadline shall be included in the pool of available applicants, provided the applicant: a. meets the minimum qualifications for the position as established in the applicable Ukiah City Code section or resolution, establishing the commission or board; and b. participates in a personal interview, if the City Council conducts personal interviews for the position. Applications included in an available pool may be used as a source of nominations for a period of one (1) year from the application deadline. s:\u\resos95\vacancy.pro May 30, 1995 2. Nominations. Each councilmember, including the Mayor, shall have the right to nominate a candidate from the available pool of candidates. a. The right to place a name before the City Council for consideration shall rotate among the councilmembers based on seniority with the most senior councilmember going first. made. b. The Council shall vote on each nomination as it is c. A councilmember's right to make a nomination shall terminate and the right to nominate candidates shall rotate to the next most senior councilmember, when a councilmember's nomination is approved by a majority vote of the councilmembers present or the councilmember agrees to pass the nomination to the next most senior councilmember, whichever occurs first. d. This process for rotating the right to nominate candidates among councilmembers to fill vacancies shall be followed for each separate commission or board. (1) The City Clerk shall maintain a record of the last councilmember to make a nomination for each commission or board. (2) When another vacancy must be filled on that commission or board, the next councilmember in line to make nominations for that commission or board shall make the first nomination to fill the vacancy. PASSED AND ADOPTED this 7 th day of J~me following roll call vote: , 1995, by the AYES: Co~mcilmembers ' Wattenburger, Shoemaker and Mayor Schneiter NOES: Councilmember Malone ABSTAIN: None ABSENT: Councilmember Mastin ATTE: Ca S: \u\resos95\vacancy. pro May 30, 1995 Clerk Fred er, Mayor Item No. 9b Date: May 21. 1997 AGENDA SUMMARY REPORT SUBJECT: Consideration of a request by the Ukiah Valley Medical Center for the City of Ukiah to provide the transformer for the Obstetrics Wing. REPORT: On April 19, 1996 the City of Ukiah provided to the Ukiah Valley Medical Center's engineering representative, Mr. Naum Goldman of Tower Engineering, the electric utility connection fees for the obstetrics wing project. These fees did not include the cost of a transformer for the project, since at that time the city was providing the transformer to commercial developments. On April 18, 1996 Mr. Goldman was provided the data for a 1000 kva transformer, which the City had determined would be the proper size to service the project. On May 13, 1996 Mr. Goldman requested information for a 1500 kva transformer and indicated that the project might want to increase the transformer size for this project. Attached is the City of Ukiah's fax transmittal to Mr. Goldman providing information relative to a 1500 kva transformer and indicating the City of Ukiah's intent to install a 1000 kva transformer. It was the staff's position that should Tower Engineering require the installation of a 1500 kva transformer, the developer would be required to purchase the increased capacity by paying the difference in cost between a 1000 kva and a 1500 kva transformer. ( Continued on page 2 ) RECOMMENDED ACTION: Deny Ukiah Valley Medical Center's Request for City to provide transformer for their obstetrics wing project. ALTERNATIVE COUNCIL POLICY OPTIONS: Approve Ukiah Valley Medical Center's request. Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Coordinated with: Candace Horsley, City Manager Attachments:l) April 18, 1996 letter. 2) April 19, 1996 letter. 3) May 13, 1996 Fax Transmittal. 4) January 21, 1997 letter. 5) April 2, 1997 letter. .Candace Horsley, City M~,,nager (page 2 ) It is standard practice for the Electric Department to order transformers only after all electric construction fees have been paid. In this case, a transformer could not be order for this project since their construction fees had not been paid and the transformer size had not been specified. On January 21, 1997 it was again requested by the contractor, Busch Construction and Electric, that the City provide transformer information for a 1500 kva unit. The City was not informed of their final decision to go with the City's recommendation until the week of April 9, 1997. During this time no connection fees were paid for this project and no transformer could be ordered. On March 5, 1997 the City Council approved changes that would require developers to pay for their transformers, rather than the City providing them at no cost. Those developers that had not paid their fees at the time of the policy change were sent a letter indicating that the transformer fee would now be added to the utility construction fees. The connection fees for this project had not been paid at that time and the fees are still outstanding for this project. It is my understanding, that the developer of this project believes that they should be given the transformer and should pay only the initial connection fees quoted them of $8,457.37. The cost of a 1000 kva transformer would be $14,797.28 as indicated in our April 2, 1997 letter to Mr. Paul Casler of the Ukiah Valley Medical Center. It is staff's position that the final transformer requirements were not finalized until after the policy change and that electric connection fees for the project have not been paid, therefore this developer should comply with the City's March 5th policy. 300 UKIAH, CA 95482-5400 · ADMIN. 707/463-6200 · PUI31_IC SAFETY 463-6242/6774 · FAX # 707/463-6~04 - April 18, 1996 Naum Goldman 103 Camino Omga Napa, CA 94558 Dear Mr. Goidman: The available fault current for the proposed Obstetrician Wing(2000A panel) in Ukiah is as follows: 1000 KVA 480Y/277V %Z=5.5 21,900 A This is the available fault current at the transformer secondary terminals. The City plans to install five sets of 4-750 MCM aluminum cable in five 5" conduits. I hope this. information is helpful to you. If you have any questions, please contact me at 707-463-6296. Sincerely, artin Woblg ~./ Electrical Distribution Engineer 'We Are Here To Serve" 300 UKIAH, CA 95482-5400 · ADMIN. 707/463.6200 · PUBLIC SAFELY 463-6242/6274 · FAX # 707/463-6204 April 19, 1996 Nauru Goldman 103 Camino Oruga Napa, CA 94558 Dear Mr. Goldman: Enclosed is a marked-up copy of the electric utility service for the proposed Ukiah Hospital Obstetrician Wing. Also enclosed axe the Electric Department's General Notes and other detatils. The electric utility connection fee for this project is $8,457.37. This fee includes primary and secondary cables, the labor to install the cables and two 30" x 48" pull boxes. This fee is paid when the project is submitted for a building permit. If you have any questions, please contact me at 707-463-6296. Sincerely, Electrical Distribution Engineer 'We Are Here To Serve" · 300 SE,~i~i~VE., UKI^H, CA 95482 · ^DMIN. 707/463-6200 · · FAX # 707/463-6204 · PUBUC SAFETY · .. 463-6242/6274 FROM: _ ~5-7- ~/fV (FAX TELEPHONE NUMBER) NUMBER OF PAGES, INCLUDING COVER SHEET ~-- 8PIECL~L IilNSTRUCTI]O~]$: ,/~ /.900 IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL (707) 463-6213 THANK YOU. 300 S~VE., UKIAH, CA 95482-5400 · ADMIN. 707/463-6200 · PUBLIC SAFETY 463-6242/6274 · FAX # 707/463-6204 · January 21, 1997 Mr. Korla Busch Busch Construction and Electric 2020 Industry Road Ukiah, California 95482 Subject: Ukiah Medical Center As you requested, the following is the data you requested relative to a 1500 kva transformer: A) %Z for a 1500 kva transformer is 5.5. B) Fault current of a 1500 kva transformer is delivering 480 v is 33.0 kA. The X/R ratio cannot be provided since this data is specific to a given transformer. The City of Ukiah does not currently have a 1500 kva transformer for your project. Based on Tower Enterprises letter of April 10, 1996 the total connected load for the project is 986 kva. The City of Ukiah believes that this load can be served with a 1000 krva transformer, unless the project load has increased significantly since that information was issued. If we can be of further help to you relative to the utility requirements, please give me or John Yoast a call. Sincerely; Darrylq_,. Barnes Director of Public Utilities cc: Start Bartolomei John Yoast 'We Are Here To Serve" 300 VE., UKIAH, CA 95482-5400 · /~DMIN. 707/463-6200 · PUBLIC S,~cETY 463-6242/6274 · · FAX # 707/463-6204 · April 2, 1997 Paul Casler Manager of General Services Ukiah Valley Medical Center 275 Hospital Drive Ukiah, CA 95482 Subject: Electric Utility Connection Fee. Dear Paul' In our conversation at the Medical Center last week, I reminded you the electric utility connection fee had never been paid. We sent a letter to Nauru Goldman of Tower Engineering on April 10, 1996 requesting a fee of $8457.37. Unfortunately, the City council has recently passed Resolution No. 97-21 which requires the transformers be paid for by the developer. The additional cost for this transformer is $14,797.28. The total electric utility connection fee is $23,254.65. The total fee must be paid before the City will schedule crew time and order materials. The City will reconcile the account at the end of the project and present either a refund or an invoice for the additional cost. If you have any questions about these matter, please contact me at (707) 463-6298. Sincerely, lan JY:jy R:uvmcl .wpd CC: Director of Public Utilities Electric Supervisor Are Here To Serve" Item No. 9~ Date: May 21. 1997 AGENDA SUMMARY REPORT SUBJECT: Approval to Issue a Request for Proposals Relative to Examining the Electric Utility's Options under Utility Restructuring. REPORT: Restructuring within the Electric Utility Industry in California will require the City of Ukiah to examine various options relative to the operation of it's Electric Utility. This Request for Proposals will ask for an industry consultant to define options that will be available to the City, and will define actions that could be taken to provide the best long term results for our electric customers. These options will be used to formulate an action plan, and to verify staff's understanding of possible solutions to the problems facing the City of Ukiah under, electric restructuring. It is staff's desire that this study be performed for under $10,000. Proposals will be brought to Council for review and approval of staff's recommendation for award of bid. RECOMMENDED ACTION: Approval to Issue a Request for Proposals Relative to Examining the Electric Utility's Options under Utility Restructuring. ALTERNATIVE COUNCIL POLICY OPTIONS: Deny Approval. Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Coordinated with: Candace Horsley, City Manager Attachments: None Candace Horsley, City M~er ITEM NO. 9d MEETING DATE: 5/21/97 AGENDA SUMMARY REPORT SUBJECT: Approval of Covenant with Mendocino Solid Waste Management Authority SUMMARY: The Mendocino Solid Waste Management Authority ("MSWMA") has entered an agreement with Solid Waste Systems, Inc. ("Solid Waste") to construct and operate a regional transfer station for MSWMA on North State Street ("the Contract"). Under the Contract Solid Waste will accept and process garbage from the unincorporated areas of Mendocino County (except for the South Coast) and the three incorporated cities. It will haul the garbage by rail to Portrero Hills landfill. The Contract has a term of 20 years from the date MSWMA accepts the completed transfer station (no later than March 1, 1999) with an option to extend the term by 5 years, exerciseable exclusively by MSWMA. The Contract fixes the gate fees Solid Waste can charge in the first year for this service at $52.01 per ton for commercial haulers and $8.58 per cubic yard for self-haulers with automatic annual increases in the fee based on 75% of the annual increase in the Consumer Price Index ("CPI"). Solid Waste is only obligated to perform under the contract if the County and the incorporated cities sign an agreement to use their best efforts to send all of their solid waste to its transfer station. The jurisdictions must also agree not to participate in a competing facility as owners or operators. The Covenant attached as Attachment 1 has been submitted to the City to satisfy this provision in MSWMA's contract with Solid [Continued on page 2] RECOMMENDED ACTION: Adopt motion approving proposed Covenant ALTERNATIVE COUNCIL POLICY OPTIONS: Approved revised version of proposed Covenant or reject Covenant. Acct. No. (if NOT budgeted): N/a Citizens Advised: N/A Requested by: City Manager Prepared by: David J. Rapport, City Attorney Coordinated with: Candace Horsley, City Manager, Rick Kennedy, City Engineer Attachments: (1) Covenant, (2) MSWMA/Solid Waste Systems Contract, (3) Letter from Shoemaker to Mayor, and (4) Letter from Sweeney to City Manager ~~~ ! Approved ~~ _~ S: \u~agenda97 \mswma. cov ~ May 16, 1997 1 [Continued from Page 1] Waste. Staff is satisfied that the Covenant in the attached form complies with the requirements in the Contract between MSWMA and Solid Waste and protects the City's interests. In particular, the Covenant will bind the City only if (1) the County and the other cities approve the Covenant and (2) the contract between MSMA and Solid Waste goes into effect. A copy of the Contract is attached. (Attachment 2.) Staff is in the process of reviewing the Contract and will make a recommendation concerning the Contract at the meeting on May 21. The Council should also review the Contract. The Council should not approve the Covenant until it is satisfied with the terms of the Contract. As the City Council knows the City staff has discussed with Solid Waste systems an amendment to its franchise agreement with the City. Under that amendment Solid Waste Systems would construct a transfer station at its Taylor Street site or at another approved site. At that transfer station Solid Waste would accept solid waste from within the City, after the landfill closes, but only if the MSWMA transfer station is not open and operating in accordance with its contract with Solid Waste by that time. The last sentence in Paragraph B makes clear that the Covenant will not prevent the City from amending the franchise agreement as proposed. Paragraph C obligates the City to close its solid waste landfill by March 1, 1999, but only under the following conditions: 1. The MSWMA transfer station is open and operating in accordance with the Contract by March 1, 1999, and 2. The City landfill has received and been paid for all of the solid waste currently delivered to the Willits landfill (Willits, Fort Bragg and County) from July 1, 1997 to March 1, 1999. The Public Works Director has determined that if the City landfill receives that waste stream for that time period, the City will have sufficient funds for closure For these reasons, staff recommends approval of the Covenant, provided the City Council approves the Contract. s:\u\agenda97\mswma.cov May 16, 1997 2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH PROVIDINa A COVENANT REaARDINGTHE USE OF SOLID WASTE TRANSFER STATION WHEREAS, the closure of existing landfills necessitates that solid waste form the County of Mendocino be exported to a remote landfill for disposal; and WHEREAS, the Mendocino Solid Waste Management Authority, a joint powers authority formed by the County of Mendocino, City of Ukiah, City of Fort Bragg, and City of Willits, has issued a competitive Request for Proposals and conducted extensive negotiations to obtain the lowest qualified price for solid waste export; and WHEREAS, the Mendocino Solid Waste Management Authority has agreed to enter into an agreement for solid waste export entitled, "Contract between the Mendocino Solid Waste Management Authority and Solid Wastes Systems, Inc. ("Contractor") for Transfer Station Construction and Operation and Solid Waste Transportation and Disposal, dated , 1997 ("Contract");" and WHEREAS, the terms and conditions of the Contract that the low cost of disposal provided for in the Contract is predicated upon the agreement of the local government jurisdictions to take such measures as are available to these entities to direct the solid waste collected inside their respective jurisdictions to the Transfer Station identified in the Contract; so NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah covenants that: A. During the term of the Contract, the City of Ukiah ("Ukiah") will enforce any applicable provisions in existing and future contracts with franchised or permitted solid waste haulers to direct all solid waste collected within its boundaries by said haulers to the transfer station identified in the Contract. If necessary and upon Contractor's request, Ukiah will cooperate with the Contractor by instituting actions for injunctive relief aqainst its franchised waste hauler in a court of competent jurisdiction to enforce said provisions; provided, that the Contractor (1) fully indemnifies and defends Ukiah against any cross-claim or counterclaim by the waste hauler against Ukiah for money damages arising from the contractual provision Contractor has requested Ukiah to enforce; and (2) Contractor makes arrangements satisfactory to Ukiah to advance all costs associated with such enforcement action, including, bUt not limited to, court costs and fees, litigation expenses, and fees of attorneys, experts, Page 1 of 2 consultants, and investigators. B. During the term of the Contract, Ukiah will not participate as owner or operator of any competing large-volume transfer stations or transfer systems for out-of-county export of solid waste, nor will Ukiah issue requests for proposals for such competing facilities or systems; provided, however, that nothing in this paragraph B prevents Ukiah from entering agreements with its franchised waste hauler for out-of-county export of Ukiah's solid waste if there is a substantial likelihood that the transfer station identified in the Contract will not open and operate in accordance with the terms of the Contract by the time Ukiah's landfill closes. C. Provided Contractor has opened and is operating the MSWMA transfer station in accordance with the Contract, Ukiah shall stop receiving refuse at its landfill by March 1, 1999, if it begins receiving no later than July 1, 1997, and continues receiving and is paid its gate fee for all of the solid waste currently received and disposed of at the Willits landfill, including all of the solid waste from the cities of Willits and Fort Bragg and from the unincorporated areas within the County of Mendocino. D. This Covenant is conditioned and limited by the following: (1) The terms of Ukiah's existing garbage franchise; (2) The fact that existing or future federal or state judicial or legislative actions may affect the ability of Ukiah to direct solid waste flow, and, therefore, no warranty is made as to the success of Ukiah's efforts to enforce contractual provisions directing solid waste flow; (3) This covenant is binding on Ukiah only if it is approved in substantially this same form by the Cities of Fort Bragg and Willits and the County of Mendocino; (4) This Covenant is effective and binding upon the City of Ukiah only if the aforesaid Contract goes into effect. Page 2 of 2 Approved on the following roll call vote: AYES: NOES: ABSENT: day of , 1997, by the Mayor ATTEST: Date: Page 3 of 2 CONTRACT FOR TRANSFER STATION CONSTRUCTION AND OPERATION AND SOLID WASTE TRANSPORTATION AND DISPOSAL This Contract is made and entered into, as of the later of the dates of execution, by and between the Mendocino Solid Waste Management Authority CMSWMA"), a joint powers agency organized under the laws of the State of California, and Solid Wastes Systems, Inc. CContractor"), a California corporation, who shall collectively be referred to as the "Parties." RECITALS WHEREAS, the County of Mendocino, City of Ukiah, City of Fort Bragg, and City of Willits are each obligated to provide for reliable and economical disposal of solid waste for their citizens; and WHEREAS, MSWMA was formed by the County and Cities to assist them in fulfilling their obligations regarding solid waste; and WHEREAS, MSWMA purchased a site for future construction of a Transfer Station in 1996, and solicited competitive proposals from private industry for development and operation of the Transfer Station; and WHEREAS, following competitive procurement with a widely distributed Request for Proposals, and extensive analysis of the terms and conditions available from different private concerns, the MSWMA Board of Directors has determined that the public interest will be served by awarding to Contractor this Contract for Transfer Station Construction and Operation and Solid Waste Transportation and Disposal; NOW, therefore, be it agreed by MSWMA and Contractor as follows: ARTICLE 1. DEFINITIONS For purposes of this Contract, the following terms shall be def'med as: 1.01 Accept or Acceptance' means acceptance of the Transfer Station in accordance with Section 2.04. RAIL SWS: MSWMA: Paee 1 1.02 Acceptable Waste means all putrescible and nonputrescible solid waste including but not limited to garbage, rubbish, refuse, paper and cardboard; plant and grass clippings and leaves; commercial, industrial, demolition and construction wastes; mixed wood waste; septage screenings, discarded home and industrial appliances; vegetable or animal solids and semisolid wastes, but excluding source separated recyclable or compostable materials intended for diversion from solid waste disposal or those materials defined herein as Unacceptable Waste. 1.03 Applicable Law means all law, statutes, rules, regulations, guidelines, Permits, actions, determinations, orders, or requirements of the United States, State of California(or any other state having jurisdiction over solid waste transportation and disposal services), County, regional or local government authorities, agencies, boards, commissions, courts or other bodies having applicable jurisdiction, that from time to time apply to or govern Performance Obligations, the transfer station, transport services, disposal services, or the performance of the parties' respective obligations hereunder, including any of the foregoing which concern health, safety, fire, environmental protection, labor relations, mitigation monitoring plans, building codes, zoning, non-discrimination, and payment of minimum wages. 1.04 Change in Law means the occurrence of any event or change in Applicable Law as follows: (1) the adoption, promulgation, modification, or change in judicial or administrative interpretation occurring after the date hereof which adoption, promulgation, codification, or change in judicial or administrative interpretation relates to any Applicable Law, other than laws with respect to taxes based on or measured by net income, or any unincorporated business, payroll, franchise taxes levied by any tax board or employment taxes; or (2) any order or judgment of any federal, state or local court, administrative agency or governmental.body issued after the date hereof if: (i) such order or judgment is not also the result of the willful misconduct or negligent action or inaction of the Party relying thereon or of any third party for whom the Party relying thereon is directly responsible; and RAIL SWS: 'MSWMA: Pa~,e 2 (ii) the Party relying thereon, unless excused in writing from so doing by the other Party, shall make or have made, or' shall cause or have caused to be made, Reasonable Business Efforts in good faith to contest such order or judgment (it being understood that the contesting in good faith of such an order or judgment shall not constitute or be construed as a willful misconduct or negligent action of such Party); or (3) the imposition by a governmental authority or agency of any new or different material conditions in connection with the issuance, renewal, or modification of any Permit after the date hereof. 1.05 Construction Costs means Contractor's costs arising from the design, engineering, permitting, site preparation, off-site improvements, construction, paving, utilities and fixed equipment acquisition and installation for the Transfer Station, including MSWMA land debt reimbursement in accordance with Article 4 of this Contract. Construction Costs shall not include Contractor's costs in preparation of its proposals to MSWMA prior to execution of this Contract, or costs of mobile equipment, office equipment, supplies, or any item which does not constitute a fixture of the Transfer Station. 1.06 Consumer Price Index (CPI) means 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. 1.07 Contract means this Contract for Transfer Station Construction and Operation and Solid Waste Transportation and Disposal between Contractor and the Mendocino Solid Waste Management Authority. 1.08 Contractor means Solid Wastes Systems, Inc. Reference to "Contractor" refers to Contractor's subcontractors as well, unless explicitly provided otherwise. 1.09 Direct Costs means the sum of (a) payroll costs directly related to the performance, or management or supervision of any obligation pursuant to the provisions hereof, comprised of compensation plus fringe benefits comprised of vacation, sick leave, holidays, retirement, Workers Compensation Insurance, federal and state unemployment taxes and all medical and health insurance benefits, plus (b) the costs of materials, services, direct rental costs and supplies; which Direct Costs are substantiated by (i) a certificate signed by the principal financial officer of Contractor setting forth the amount of such cost and the reason RAIL SWS: MSWMA: Paee 3 why such cost is properly chargeable and stating that such cost is a competitive price, if there are competitive prices, secured in an arm's length transaction for the services or materials supplied; and (ii) if MSWMA requests, such additional backup, documentation to substantiate any such Direct Cost including invoices from suppliers. 1.10 Disposal Facility means the fully-permitted solid waste landfill, approved by MSWMA, to which Contractor will transport Acceptable Waste received at the Transfer Station. 1.11 Franchised Waste Haulers means companies which possess a permit, license or contract from a public agency authorizing them to collect and transport solid waste from residences and/or businesses. 1.12 Hazardous Waste means a type of Unacceptable Waste which by reason of its quality, concentration, composition or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious illness or pose a substantial threat or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise mismanaged; or any waste which is defmed or regulated as a hazardous waste, toxic waste, hazardous chemical substance or mixture, or asbeStos under Applicable Law, excluding Recyclable Household Hazardous Wastes but including: (1) "Hazardous Waste" pursuant to Section 40141 of the California Public Resources Code; regulated under Chapter 7.6 (commencing with Section 25800) of Division 20 of the California Health and Safety Code; all substances defmed as hazardous waste, acutely hazardous waste, or extremely hazardous waste by Sections 25110.02, 25115, and 25117 of the California Health and Safety Code (the California Hazardous Waste Control Act), California Health and Safety Code Section 25100 et seq., and future amendments to or recodification of such statutes or regulations promulgated thereunder, including 23 California Code of Regulations Sections 2521 and 2522; and (2) materials regulated under the Resource Conservation and Recovery. Act, 42 U.S.C. Section 6901 et seq., as amended (including, but not limited to, amendments thereto made by the Solid Waste Disposal Act Amendments of 1980), and related federal, State and local laws and regulations; RAIL SWS: MSWMA: Paee 4 (3) materials regulated under the Toxic Substance Control Act, 15 U.S.C. Section 2601 et seq., as amended, and related federal, State of California, and local laws and regulations, including the California Toxic Substances Account Act, California Health and Safety Code Section 25300 et seq.; (4) materials regulated under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601, et seq., as amended, and regulations promulgated thereunder; and (5) materials regulated under any future additional or substitute federal, State or local laws and regulations pertaining to the identification, transportation, treatment, storage or disposal of toxic substances or hazardous waste. If two or more governmental agencies having concurrent or overlapping jurisdiction over hazardous waste adopt conflicting definitions of "hazardous waste", for purposes of collection, transportation, processing and/or disposal, the broader, more restrictive definition shall be employed for purposes of this Contract. 1.13 Including means including without limitation. 1.14 Independent Engineer is the engineer named in Section 11.01 or thereafter' chosen in accordance with such Section. 1.15 MSWMA means the Mendocino Solid Waste Management Authority, a joint powers agency organized in 1990 by the County of Mendocino, City of Ukiah, City of Fort Bragg and City of Willits. 1.16 Operating Ratio means Contractor's costs of meeting Performance Obligations, less landfill and processing tipping fees, divided by operating revenues. Operating revenues include sales of recyclables collected at the Transfer Station. Costs of operation do not include facility capital debt service. Any related party payments included in costs of operation shail be not greater than the existing market value for those goods or services. . 1.17 Performance Obligations means each and every obligation and liability of the Contractor hereunder, including Transfer Station design, permitting, construction, and testing, Transfer Station operation, transportation of Acceptable Waste, Wood Waste, Yard Waste and recyclables, disposal at a MSWMA- RAIL SWS: MSWMA: Paee 5 approved landfill, and sectmng and maintaining performances bonds, insurance .and any other performance assurances hereunder. 1.18 Permits means all federal, State, other local and any other governmental unit permits, orders, licenses, approvals, authorizations, consents and entitlements of whatever kind and however described which are required under Applicable Law to be obtained or maintained by any person with respect to the performance of any obligation hereunder or matters covered hereby, as renewed or amended from time to time. 1.19 Plans and Specifications means the detailed construction drawings and specifications for construction of the Transfer Station and site, prepared in accordance with accepted industry practice for comparable facilities and signed and stamped by a professional engineer and/or architect, as required by Applicable Law. 1.20 Reasonable Business Efforts means those efforts a reasonably prudent business person would expend under the same or similar circumstances in the exercise of such person's business judgment, intending in good faith to take steps calculated to satisfy the obligation which such person has undertaken to satisfy; provided that such person and/or any enterprise by which such person is employed would not incur a fmancial loss (other than time expended or unless otherwise compensated for such efforts herein) by reason of having expended or expending such efforts. 1.21 Self Haulers means persons delivering Acceptable Waste on their own behalf, and not as a Franchised Waste Hauler. 1.22 Service Area means all of Mendocino County, LESS the County of Mendocino Solid Waste Franchise Collection Area #4, encompassing the South Coast (Gualala-Point Arena-Elk). 1.23 Service Fee means the charge levied on users of the transfer station to dispose of Acceptable Waste. 1.24 Site or Transfer Station Site means the parcel of land at 3401 N. State Street, Ukiah, California, 9.3 acres in size more or less, also known as Mendocino County Assessor's Parcel Number 169-080-01. 1.25 Ton or tonnage means a short ton of 2,000 pounds. RAIL SWS: MSWMA: Paee 6 1.26 Transfer Station means the Transfer Station located on the Site, as described in the Plans and Specifications, including furnishings, building, equipment, parking, signs, fencing and landscaping. 1.27 Uncontrollable Circumstances means any act, event or condition, whether affecting the Transfer Station or either Party or the Contractor's subcontractors, beyond the reasonable control of such Party and not the result of willful or negligent action or inaction of such Party (other than the contesting in good faith or the failure in good faith to contest such action or inaction), which materially and adversely affects the ability of either Party to perform any obligation hereunder comprised of: (1) an act of God, landslide, lighming, earthquake, fire, flood, (other than reasonably anticipated weather conditions for the geographic area of the Transfer Station, primary transpoitation routes,, backup transport routes, primary Disposal Facility and backup Disposal Facility), explosion, sabotage, acts of a public enemy, war, blockade or insurrection, riot or civil disturbance; (2) the failure of any appropriate federal, state, or local public agency or private utility having operational jurisdiction in the area in which the Transfer Station is located, to provide and maintain utilities, services, water, sewer or power transmission lines to the Transfer Station which are required for Transfer Station develoPment or Transfer Station operation; (3) a Change in Law other than (a) any Change in Law with respect to any taxes based on or measured by net income, or any unincorporated business, payroll, franchise or employment taxes, or (b) with respect to MSWMA, any Change in Law adopted by the MSWMA, unless such Change in Law is mandated by State, federal or other governmental agency law, regulation or directive. (4) any failure of title to the Site; any enforcement of any encumbrance on the site or on any improvements thereon not consented to in writing by, or arising out of any action or agreement entered into by the Party adversely affected thereby; (5) governmental pre-emption of materials or services in connection with a public emergency or condemnation or other taking by eminent domain of any portion of the Transfer Station Site. In event of any RAIL SWS: MSWMA: Pane 7 condemnation, neither party waives its fights to assert claims in such condemnation proceedings; (6) failure of the California Integrated Waste Management Board to approve a Solid Waste Facilities Permit provided that Contractor submits a complete application by August 1, 1997 and provided that the Authority to Construct has been issued by the Mendocino Air Quality Management District by August 1, 1997; (7) freight embargoes, shortages of materials, labor, fixtures or equipment (provided that Contractor furnishes proof that it has made diligent attempts to obtain same) or delays of subcontractors due to such causes, provided that Contractor shall within ten (10) days from the beginning of such delay notify MSWMA in writing of the delay. MSWMA's reasonable fmdings of fact thereon shall be conClusive. (8) an order of a state or federal court that prohibits MSWMA from developing, building or operating the Transfer Station. Uncontrollable Circumstances exclude, without limitation: (i) either Party's own breach of its obligations hereunder; (ii) adverse changes in the financial condition of either party, Contractor's subcontractors, or the Guarantor; (iii) the consequences of errors, neglect or omissions with respect to Transfer Station development, transfer services, transport services or disposal services or any other Performance Obligations on the part of the Contractor, its employees, agents, subcontractors or affiliates, including errors in Plans and Specifications or the operations plan or failure to comply therewith; (iv) the failure of the Contractor to secure patents, licenses, trademarks, and the like necessary to meet its Performance Obligations; (v) as to the Contractor, the failure of any Transfer Station technology to perform, in accordance with Performance Guaranties, unless caused by Uncontrollable Circumstances; and RAIL SWS: MSWMA: Paee 8 (vi) general economic conditions, interest or inflation rates or currency fluctuation; (vii) union or labor work rules, requirements or demands which have the effect of increasing the number of employees employed by Contractor or its subcontractors hereunder or otherwise increasing the cost or burden of the Contractor or its subcontractors of meeting its Performance Obligations; (viii) failure of equipment or any technology used or relied upon in satisfaction of Performance Obligations; (ix) any impact of prevailing wage Contractor's Performance Obligations; law, customs or practices on (x) any increase for any reason in premiums charged by the Contractor's or its subcontractors' insurers or the insurance markets generally; (xi) any act, event or circumstance occurring outside of the United States; (xii) the failure of any subcontractor or supplier to furnish labor, services, materials or equipment. 1.28 Unacceptable Waste means wastes that the Transfer Station may not receive under this Contract, including: (1) animal manures; (2) fhable asbestos materials that can be crumbled with pressure and are therefore likely to emit fibers, being a naturally occurring family of carcinogenic fibrous mineral substances, which may be a Hazardous Waste if it contains more than one percent asbestos; (3) ash residue from the incineration of solid wastes, including municipal waste, infectious waste described in item (8) below, wood waste, sludge, and agricultural wastes described in item (1) above; (4) auto shredder "fluff' consisting of upholstery, paint, plastics, and other non-metallic substances which remains after the shredding of automobiles; (5) dead animals; (6) Hazardous Wastes, explosi-ves, ordinance, highly flammable substances and noxious materials; RAIL SWS: MSWMA: Paee 9 (7) industrial solid or semi-solid wastes resulting from industrial processes and manufacturing operations, including cement kiln dust and ore process residues; (8) infectious wastes which have disease transmission potential and are classified as Hazardous Wastes by the State Department of Health Services, including pathological and surgical wastes, medical clinic wastes, wastes from biological laboratories, syringes, needles, blades, tubings, bottles, drugs, patient care items such as linen or personal or food service items from contaminated areas, chemicals, personal hygiene wastes, and carcasses used for medical purposes or with known infectious diseases; (9) liquid wastes which are not spadeable, usually containing less than fifty percent solids, including cannery and food processing wastes, landfill leachate and gas condensate, boiler blowdown water, grease trap pumpings, oil and geothermal field .wastes, septic tank pumpings, rendering plant byproducts, sewage sludge, and those liquid wastes which may be Hazardous Wastes; (10) radioactive wastes under Chapter 7.6 (commencing with Section 25800) of Division 20 of the State Health and Safety Code, and any waste that contains a radioactive material, the storage or disposal of which is subject to any other State or federal regulation; (11) sewage sludge comprised of human (not industrial) residue, excluding grit or screenings, removed from a waste water treatment plant or septic tank, whether in a dry or semidry form; (12) special wastes designated from time to time by the California Integrated Waste Management Board, including contaminated soil; (13) bulky items which cannot fit within standard roll-off containers or municipal refuse collection vehicles; (14) concrete slab material exceeding 2 feet on a side and 6 inches thick; (15) tree stumps exceeding 18 inches in diameter; (16) other wastes which are prohibited as a condition of the Transfer Station's Solid Waste Facility Permit or wastes excluded by written agreement between Contractor and MSWMA. 1.29 Wood Waste means unpainted lumber and boards separated from mixed solid waste. 1.30 Yard Waste means grass clippings, brush, garden trimmings, leaves and similar natural vegetative materials separated from mixed solid waste. ARTICLE 2. CONTRACTOR RESPONSIBILITIES RAIL SWS: MSWMA: Paee 10 2.01 Facility Design, Permitting and Construction (a) Design. A copy of preliminary Plans and Specifications is attached hereto as Exhibit "A". Contractor shall prepare final Plans and Specifications in compliance with Applicable Law, including Mendocino County Building Code, with sufficient detail to secure firm construction bids. Contractor shall submit such f'mal Plans and Specifications to MSWMA for review and approval on or before the date provided in Section 2.02. MSWMA may comment on such Plans and Specifications and Contractor shall use Reasonable Business Efforts to incorporate such comments. Any.disputes with respect to finalization and approval of the Plans and Specifications shall be resolved by the Independent Engineer in accordance with Section 17.03. If MSWMA, or in the event of a dispute, the Independent Engineer, does not approve the Plans and Specifications within forty-five (45) days of Contractor's submission thereof to MSWMA, then each succeeding date in Section 2.02 shall be extended one day for each day of delay. (b) Permitting and Construction. Contractor will design, permit, construct, equip, start-up and test the Transfer Station on the Site in accordance with Applicable Law and the final Plans and Specifications approved by MSWMA in accordance with subsection (a). Contractor intends to implement this project utilizing a design/build process, and incorporating into the final design the input of the most qualified Class A general construction contractor determined by the following method: (i) Contractor will issue a Request for Qualifications(RFQ) to general contractors by placement at the North Coast Builder's Exchange and in anewspaper of general circulation. (ii) Respondents to the RFQ will indicate relevant project experience including but not limited to, transfer station construction projects, similar industrial projects, experience with preengineered steel structures including identification of manufacturers, experience with similar construction projects in'Northem Califomia and in Mendocino County, the estimated amount or method of computation of the general contractor's fee, and other pertinent information to assist in the selection process. (iii) Contractor, subject to approval by MSWMA, will select the most qualified general contractor with which to complete the project, and will enter into an appropriate agreement with the selected general contractor. Selection will be based on a combined RAIL SWS: MSWMA: Pa~e 11 evaluation of contractor's fee, relevant direct experience and services to be offered by the general contractor to assist in completion of the final design. (iv) Any agreement for construction services between Contractor and the selected most highly qualified general contractor shall require that all subcontracted components of the work be subject to competitive bids within the trades, and the award of all contracts between the general contractor and apparent low bidder subcontractors shall be subject to the review and approval by the Contractor and MSWMA. (c) Unused Portion of Site. Any portion of the Site not designated in the Plans and Specifications for buildings, landscape screen, roadways, parking, storage or other activities required by Contractor's Performance Obligations, may be utilized by MSWMA for any purpose. 2.02 Development Schedule. Contractor will complete the following development obligations on or before the indicated dates: September 1, 1997: Plans and Specifications submitted to MSWMA for approval. June 1, 1998: Site preparation completed. August 1, 1998: Transfer Station foundation completed. October 1, 1998: Transfer Station building walls and roof completed. January 1, 1999: Transfer Station construction work and equipping completed, commence trial operations. February 15, 1999: Achieve Acceptance by MSWMA. 2.03 Trial Operations. Following completion of Transfer Station construction, Contractor will promptly begin trial operations to weigh, receive, crush, load and transfer test loads of Acceptable Waste, Yard Waste, and Wood Waste to ensure that all facilities and equipment will function properly under regular operating conditions, and to ensure that employees are fully trained. All scales at the Transfer Station shall be certified accurate by State inspectors prior to trial operations. Contractor will allow all Franchised Waste Haulers to make trial runs to familiarize their drivers with the Transfer Station. MSWMA's representative will be notified of the schedule for all trial operations. All of the trial operations, tests and inspections described in this section shall collectively be referred to as the Acceptance Tests. Contractor will continue trial operations until all facilities, equipment and employees are performing satisfactorily, and will thereupon request Acceptance of the Transfer Station by MSWMA. RAIL SWS: MSWMA: Pa~,e 12 2.04 Acceptance. (a) Upon completion of the Acceptance Tests described in Section 2.03, Contractor will submit a report thereon, and will cooperate with MSWMA, its designees and the Independent Engineer in inspecting the Transfer Station and related operations. Upon notification by MSWMA that the Transfer Station has not been constructed and equipped in accordance with the Plans and Specifications approved by MSWMA, Contractor will remedy such defects as soon as practicable, but in no event later than the scheduled Acceptance Date provided in Section 2.02 and warrant'that the Transfer Station has been completed in accordance with such Plans and Specifications in such manner that Contractor can comply with all its Performance Obligations. (b) Upon demonstration to its satisfaction that (1) Contractor has passed the Acceptance Test, (2) the Transfer Station has been constructed and equipped in accordance with such Plans and Specifications, (3) no liens against Contractor or the Transfer Station remain outstanding and undischarged, (4) all permits required by Applicable Law for Contractor to meet its Performance Obligations are secured and valid, and (5) Contractor submits evidence satisfactory to MSWMA that all performance bonds, insurance and guaranty required hereunder are in place, then MSWMA shall Accept the Transfer Station. Any disputes with respect to Acceptance shall be resolved by the Independent Engineer in accordance with Section 11.03. If MSWMA, or in event of a dispute, the Independent Engineer, does not Accept the Transfer Station within fifteen (15) days of Contractor's submitting evidence of compliance with such five Acceptance criteria to MSWMA, then the scheduled Acceptance Date provided in Section 2.02 shall be extended one day for each day of delay. 2.05 Start of Operations. Following acceptance by MSWMA, Contractor will begin full operations of the Transfer Station on the date designated by MSWMA, which will correspond to the cessation of landfill operations at the City of Ukiah's landfill, which will occur not later than March 1, 1999. 2.06 Waste Transfer, Transportation and Disposal, Recycling. Contractor will receive Acceptable Waste delivered to the Transfer Station during receiving hours in accordance with Section 2.09 by Self Haulers and Franchised Waste Haulers. Contractor will conduct buy-back, drop-off, household hazardous waste, Yard Waste, and Wood Waste recycling and operate the reuse facility, in accordance RAIL SWS: MSWMA: Pane 13 with Sections 2.14-2.18, including marketing and transportation thereof, as applicable. Contractor will transfer and transport Acceptable Waste to the Disposal Facility. Contractor will be responsible for all activities at the Transfer Station and associated with its Performance Obligations, including collecting Service Fees, traffic control, inspection of solid waste, exclusion of Unacceptable Waste, temporary storage of Hazardous Waste removed from other wastes, and distributing informational materials supplied by MSWMA to Self Haulers. Contractor will be responsible for any errors, deficiencies or failure of its officers, employees, and subcontractors to fully and timely meet Performance Obligations. 2.07 Operation by Contractor. Contractor will directly operate the Transfer Station, including solid waste crushing and loading and recycling buy-back and drop-off services, using Contractor's own employees, unless MSWMA, at its sole discretion, gives prior approval in writing to use of a subcontractor for those services, which approval shall not be unreasonably withheld. 2.08 Operational Standards Contractor will: (a) Remove all Acceptable Waste from the tipping floor of the Transfer Station at the end of each day of operation and place it in transfer trailers or containers. (b) Remove all trailers or containers of Acceptable Waste from the Site as soon as possible, but not more than 24 hours from time of loading, unless the Acceptable Waste has been placed in sealed containers. (c) Sweep the tipping floor clean following each day of operation. (d) Wash the tipping floor not less than once per week. (e) Remove any litter from the Site each day of operation. (f) Keep all recyclables contained in bins or bunkers except as may be otherwise provided for specific items in this Contract. (g) Keep the Site secure from unauthorized entry. (h) Use best management practices to prevent the transmission of detectable odors across the Site boundaries. (i) Ensure that vehicles do not queue onto North State Street. 2.09 Hours of Operation. Contractor will receive Acceptable Waste and recyclables at the Transfer Station only between the hours of 7 A.M. and 4 P.M. on each Monday through Saturday throughout the year, except for the following holidays- New Year's Da Thanks 'vin D ' · y, gl g ay and Chrislxnas Day. No Acceptable Waste or recyclables will be allowed to enter the Site except during the above- listed hours. Contractor may conduct loading and clean-up activities between the hours of 6 A.M. and 6 P.M. daily. Additional loading and clean-up hours will be RAIL SWS: MSWMA: Paee 14 allowed under emergency conditions with prior approval from MSWMA's representative. 2.10 Maintenance. Contractor will be responsible for all repair, maintenance and replacement of the Transfer Station in order to keep it in sound working order, including, without limitation: the tipping floor surface, driveways, gates, fences, electrical distribution systems, ventilation and heating, fire sprinklers, floor drains, walls, doors, roof, restrooms, fixed equipment, and landscaping. Contractor will keep the tipping floor free of major cracks, holes and breaks. Contractor will keep any tractor not equipped with rubber tires or rubber tracks from coming in contact with the tipping floor or driveways. All repairs made by Contractor will be with an identical article or material or an equal approved by MSWMA. 2.11 Mobile Equipment. Contractor will supply at a minimum the mobile equipment for use in operating the Transfer Station as described in Exhibit "B", Operations Plan, attached hereto. Contractor will further supply, or cause its subcontractors to supply, equipment to meet its Performance Obligations with respect to transport of Acceptable Waste, Yard Waste, Wood Waste and recyclables, and disposal of Acceptable Waste at the Disposal Facility. 2.12 Staffing. Contractor shall assign sufficient staff to the Transfer Station to meet the Performance Obligations. Contractor shall assign only competent personnel who are qualified to perform the assigned tasks. Ail personnel will possess the required licenses, permit or training for the tasks they perform. Contractor will use its best efforts to remove any personnel who are incompetent, disorderly, intoxicated, or abusive to the public. Ail personnel will be able to communicate clearly in the English language. Contractor will assign, at a minimmn, the staff described in Exhibit "B", Operations Plan, attached hereto. Contractor shall assign a Station Manager/Supervisor with overall responsibility for management of the Transfer Station who is authorized to accept notices from MSWMA and to act for Contractor. 2.13 Operational Procedures. Contractor will receive, load and transport Acceptable Waste as set forth in the attached Exhibit "B", "Operational Plan," with the following additional provisions: Traffic Management. Signs at least 3-foot by 3-foot in size will direct Self-Haulers to remove recyclable materials in the recycling drop-off area prior to entering the transfer building. Gate attendant will turn back Self- Haulers with recyclables to the recycling drop-off area. Self-haulers and Franchised Waste Haulers will be directed to separate areas in the transfer building for dumping. RAIL SWS: MSWMA: Pace 15 Vehicle turnaround. Contractor shall ensure that vehicles delivering Acceptable Wastes will be able to begin unloading within 30 minutes of arriving at the entrance to the Site, absent vehicle breakdown or driver negligence. Scalehouse. Cashier in scalehouse will charge all incoming vehicles according to volume or weight of solid waste, and will keep daily records of all receipts and solid waste volumes in a manner approved by MSWMA. Traffic spotter. An attendant inside the transfer building will direct customers to the correct location to dump, will enforce safety rules, and will check loads for Unacceptable Waste. Safety. Safety procedures will be developed by Contractor for all employee activities, customer recycling, and customer waste dumping, and submitted to MSWMA for review and approval. Fueling. Contractor will fuel all transfer trucks off-Site. 2.14 Buy-back Recycling. Contractor will operate a California Certified Redemption Center at the Transfer Station under permit from the California Department of Conservation which will provide redemption buy-back from the hours of 10 a.m. to 4 p.m. Monday through Saturday. 2.15 Drop-off Recycling. Contractor will provide and service separate bins to receive the following segregated recyclable items from the public: aluminum cans, fin cans, glass bottles and jars, newspaper, corrugated cardboard, magazines, office paper, box board, plastic containers, milk and juice cartons, foam padding, appliances, tires and scrap metals. No charge will be made to the public for drop- off recycling of the specified recyclables, except for appliances and fires as stated herein. Contractor will accept additional recyclable items when a buyer is identified that will pay a price sufficient to cover the handling cost and transportation cost to get the recyclable to the market. Contractor may cease accepting a recyclable item upon written agreement by MSWMA, which shall not be unreasonably withheld, that a satisfactory recycling market no longer exists. Contractor will ensure that all recyclables received will be sold or donated to bona fide recyclers who will divert the materials from disposal. Contractor will retain all revenues from sale of recyclable materials. 2.16 Household Hazardous Waste Recycling. Contractor will provide and service a tank for recycling of used motor oil, at no charge to the public for up to ten (10) gallons per customer per day. Contractor will accept used oil filters and store them in an appropriate container. Contractor will provide and service a tank for recycling of used antifreeze. Contractor will provide and service a container RAIL SWS: MSWMA: Pa~,e 16 for recycling of used vehicle batteries, which will be accepted from the public without charge. 2.17 Yard & Wood Waste Recycling. Contractor will accept recyclable and compostable Yard Waste and Wood Waste from customers at a designated area. Contractor will ship the Yard Waste and Wood Waste to processors apProved by MSWMA for composting or recycling. 2.18 Reuse Facility. Contractor will provide a reuse area where salvageable items such as doors, windows, furniture, appliances, toys, and tools may be donated by the Self-Haulers and made available for give-away or sale to others by Contractor. Contractor will maximize the recovery of reusable items, subject to the constraints of customer demand and storage space. Any reuse item for which Contractor sets a price for sale will nevertheless be given away without charge if it is not sold within 90 days. Contractor will keep the reuse area in a neat and orderly condition and provide bins, 'Walls or enclosures as necessary to contain reuse items. Contractor shall provide clear notice to customers that Contractor and MSWMA disclaim any. warranty for use or fitness of reuse items. 2.19 Unacceptable Waste Prohibited. Contractor shall not knowingly accept Unacceptable Waste at the Transfer Station, except for those recyclable household hazardous wastes accepted in the drop-off recycling area. Contractor shall continuously inspect customer vehicles and the tipping floor for presence of Unacceptable Waste. Unacceptable Waste shall be refused and returned to customer, unless the Unacceptable Waste is already dumped on the tipping floor nd the vehicle of origin is unknown. Contractor shall accept title to any nacceptable Waste received at the Transfer Station and safety segregate, contain, store and dispose of it in accordance with Applicable Law. 2.20 Refusal of Waste. On every occasion where Contractor refuses Unacceptable Waste of any description which is brought to the Transfer Station by a customer, Contractor will inform the customer of the most convenient and economical legal option available for disposal of that waste. Written information on such disposal options will be kept available at all times in the scalehouse. 2~21 Title to Waste. Contractor shall accept ownership and title to all waste materials and recyclables at the time of unloading of such materials at the Transfer Station. Ownership shall have no implication with respect to revenue sharing agreements, if any, or Disposal Facility designation provisions, which shall be governed by specific provisions herein. RAIL SWS' MSWMA: Paee 17 2.22 Subcontractors (A) Contractor will transport, or cause to be transported, all Acceptable Waste to the Disposal Facility using railhaul whenever possible in accordance with Exhibit "B," Operations Plan, attached hereto. Contractor acknowledges that transportation is a critical portion of the Performance Obligations hereunder. Contractor may subcontract for such transportation subject to approval by MSWMA of subcontractor and/or terms of the subcontract, which shall not be unreasonably withheld, but Contractor shall remain liable to MSWMA for its Performance Obligations with respect to transportation hereunder. Any subcontract for transportation shall be assignable to MSWMA in event of termination of this Contract or use of the Transfer Station and equipment under Section 9.04. MSWMA shall be named a third party beneficiary of Contractor's rights under any such subcontract. Such subcontract shall require the subcontractor to provide MSWMA with notice of any breach or default by Contractor theretmder or the termination thereof. (B) Contractor will dispose of all Acceptable Waste at the Disposal Facility and shall secure rights as necessary and sufficient to provide for disposal of such Acceptable Waste for the term thereof, in accordance with the Subcontract with Potrero Hills Landfill, Inc., attached hereto as Exhibit "C". Contractor shall not amend the Subcontract without prior consent of MSWMA, which shall not be unreasonably withheld. (C) Contractor will not direct or transport any Yard Waste received at the Transfer Station to any processor or user that has not been approved by MSWMA. (D) Contractor will not direct any Wood Waste received at the Transfer Station to any processor or user that has not been approved by MSWMA. (E) Contractor will notify MSWMA of the names and addresses of all subcontractors undertaking any work arising from the construction or operation of the Transfer Station. 2.23 Title. MSWMA shall remain owner of record of the Site and all improvements. Contractor acknowledges that MSWMA is the owner of the Site and upon expiration or sooner termination of this Contract, Contractor must vacate and return the Transfer Station to MSWMA. 2.24 Permits. Contractor will obtain and keep in effect all permits required for the Transfer Station at its own expense, including but not necessarily limited to: Authority to Construct and Permit to Operate from the Mendocino Air Quality Management District; Notice of Intent for Construction Activity Stormwater RAIL SWS: MSWMA: Pa~,e 18 Permit from California Water Resources Control Board; Solid Waste Facilities Permit from Local Enforcement Agent; and Building Permit from Mendocino County Planning & Building Depamnent? Contractor will copy to MSWMA all permit correspondence, permit notices, draft permits and permits. 2.25 .Records & Access. Contractor will maintain accurate and daily records of expenditures and revenues arising from this Contract separate from other business activities of Contractor. Contractor will keep and preserve records of all loads of Acceptable Waste, Yard Waste, Wood Waste, Recyclables and household hazardous waste received at and shipped from the Transfer Station, and will report the total quantities and payments received in each month to MSWMA not later than the tenth day of the following month. Contractor shall record and report to MSWMA the local government jurisdiction of origin of all Acceptable Waste, Yard Waste, and Wood Waste received from Franchised Waste Haulers, and will conduct origin surveys of Self Haulers sufficient to satisfy all origin reporting requirements of the California Integrated Waste Management Board. MSWMA's designated representative shall be allowed acces§ to the Site at all times when the Transfer Station is open, and shall be allowed to inspect any and all records upon request to verify the record-keeping procedures of Contractor. MSWMA's designated representative shall be allowed access to the Site during non-operating hours upon notification of Contractor's designated representative. Contractor shall keep records of hazardous waste disposal as required by Applicable Law. 2.26 Applicable Law. Contractor shall perform all its Performance Obligations under this Contract, and shall cause all its Subcontractors to perform Performance Obligations, in accordance with Applicable Law, including Permits. Contractor shall be solely liable for all fines and penalties that may be imposed on Contractor for violations of Applicable Law, including permits. 2.27 MSWMA Literature. Contractor's cashier will distribute to all Self Haulers any flier or booklet provided to Contractor by MSWMA for purposes of public education on solid waste handling or diversion. 2.28 Sign. Contractor will post adjacent to the cashier window, in clear view of all Self Haulers, a sign with the following statement in letters not less than 1-1/2" in height: "Comments regarding the operation of this facility may be directed to the Mendocino Solid Waste Management Authority at 468-9704". The telephone number on this sign will be changed as directed by MSWMA. ARTICLE 3. MSWMA RESPONSIBILITIES RAIL SWS: MSWMA: Pa~e 19 3.01 Waste Flow to Transfer Station. MSWMA and its member agencies make no gu.arantee, explicit or implied, concerning the specific tonnage of Acceptable Waste which will be delivered to the Transfer Station. However, MSWMA and its participating member jurisdictions will utilize and enforce existing and future contractual agreements with solid waste haulers to direct all solid waste generated in the Service Area to the transfer station, and will cooperate with Contractor in instituting actions for injunctive relief in the Superior Court and/or Federal District Court, upon request of Contractor with Contractor reimbursement of MSWMA's and participating member jurisdictions' costs thereof. Future judicial rulings or legislative actions may affect the ability of MSWMA and its participating member jurisdictions to direct waste flow, and therefore no warranty is made on success in enforcing contractual provisions. 3.02 Competing Facilities. MSWMA and its participating member jurisdictions will not participate as owners or operators of any competing large-volume transfer stations or transfer systems for out-of-county export of waste from the Service Area, nor will they issue requests for proposals for such competing facilities or systems. Existing and planned self-haul transfer stations that direct solid waste to the Transfer Station are not considered to be competing facilities. 3.03 Covenants by MSWMA Participating Jurisdictions. This Contract will not become effective until and unless the County of Mendocino, City of Ukiah, City of Fort Bragg, and City of Willits have each entered into a binding covenant on waste flow and competing facilities as described in Sections 3.01 and 3.02, and if any of them fail to approve said agreement within 60 days of the execution of this Contract, the Contract shall be null and void. 3.04 Hazardous Waste Locker Service. MSWMA, at no cost to Contractor, will remove and dispose of Hazardous Waste which Contractor has stored on Site in the hazardous waste locker and which MSWMA's household hazardous waste collection vehicle is authorized to transport. Contractor will not place any recyclable household hazardous materials in the hazardous waste locker which can be received in the Transfer Station's drop-off recycling area. Contractor shall not place ~eaking or open containers in the hazardous waste locker and will not place incompatible materials in proximity to one another. Contractor shall be responsible for removal and disposition of any Hazardous Waste which MSWMA's vehicle cannot transport. ARTICLE 4. PAYMENTS RAIL SWS: MSWMA: Pane 20 4.01 Components of Service Fee. COntractor will collect the Service Fee from the public for use of the Transfer Station. Contractor will not be entitled to any other payments by MSWMA or the public for performance of the work described in this Contract, except as stated herein. The Service Fee shall be stated and charged in dollars per ton, except as noted herein. The total Service Fee for solid waste shall consist of the sum of the following components: (a) Operating & Disposal Component, which shall be the sole compensation to Contractor for operation of the Transfer Station, transportation of Acceptable Waste to the Disposal Facility, and disposal at the Disposal Facility. The Operating & Disposal Component will initially be set at and remain at $45.06 until July 1, 2000. (b) Construction Cost Component, which shah reimburse Contractor for the capital costs incurred in construction of the Transfer Station, pursuant to the terms of this Contract. The mount of the Construction Cost Component will be set pursuant to Section 4.06, "Construction Costs." (c) MSWMA Surcharge Component, which shall be set by the Board of Directors of the Mendocino Solid Waste Management Authority and shall be collected by Contractor and paid monthly to the MSWMA to fund certain solid waste services to the public. The existing level of the MSWMA Surcharge is $6 per ton and may be increased or decreased at the sole discretion of MSWMA. 4.02 CPI Adjustment. On July 1, 2000, and each July 1 thereafter, the Operating & Disposal Component of the Service Fee will be increased or decreased by a factor equal to 75% of the percentage change in the CPI during the previous calendar year, except that this CPI Adjustment will not exceed 5% for a single year. 4.03 Adjustment for Low Tonnage. In the event that the tonnage of Acceptable Waste received at the transfer station is less than 40,000 tons for two successive calendar years, not including the first partial year of operation, Contractor may RAIL SWS: MSWMA: Pane 21 elect to request an audit to revise the Operating & Disposal Component of the Service Fee. The audit will be carded out at Contractor's expense by an auditor approved by MSWMA who will determine Contractor's Operating Ratio. In the event that the Contractor's Operating Ratio is more than .95 for the previous calendar year, the Operating & Disposal Component will be temporarily increased effective July 1 of the following year to a level sufficient to allow a .95 Operating Ratio. If, in a subsequent calendar year, the tonnage exceeds 40,000 tons, the temporary adjustment will be ended effective July 1 of the following year and the Operating & Disposal Component will be restored to the level which would have existed had no temporary adjustment been made. 4.04 Taxes or Fees. Contractor is solely responsible for payment of all taxes, fees, and utilities charges associated with Contractor's Performance Obligations and use of the Site as of the date hereof. Contractor shall increase or decrease the Operating & Disposal Component of the Service Fee to offset changes in Contractor's operating costs which result from the imposition or change after the date hereof in the rates of federal, state or local taxes and fees imposed upon and paid by Contractor for the transfer, transport or disposal of Acceptable Waste provided that such taxes or fees apply only to solid waste facilities or solid waste management activities. Any such adjustment shall be separate and in addition to any adjustments pursuant to Sections 4.02 or 4.03. 4.05 MSWMA Land Purchase Debt. At any date selected by Contractor, but not later than acceptance of Transfer Station completion by MSWMA, Contractor will pay to MSWMA a sum equal to the outstanding principal on a $550,000.00 loan made to MSWMA on May 17, 1996 by Westamerica Bank, which MSWMA shall immediately pay to Westamerica Bank for the purpose of paying off this loan in full. MSWMA shall keep payments on the loan current and any penalties or penalty interest shall be paid by MSWMA up until the date of pay off of the loan by Contractor. 4.06 Construction Costs. Contractor will keep a separate record of all Construction Costs. Upon acceptance of the Transfer Station bY MSWMA, Contractor will present to MSWMA an accounting of all Construction Costs, as documented by receipts and other records, which shall allow calculation of the Construction Cost Component of the Service Fee as follows: Construction Costs will be level-payment amortized over 20 years at an interest rate of 8.0'/q~and [~e Construction Cost Component of the Service Fee will be fixed for the term of the Contract and will equal the lesser of (1) the annual payments of principal and interest divided by 45,000 tons or (2) $8.95(per ton). RAIL SWS: MSWMA: Paee 22 4.07 Addition of Traffic Signal. No costs related to installation of a traffic signal at the project entrance, onto North State Street have been included by Contractor in estimating total facility construction costs. If MSWMA, in its sole discretion, determines that such a traffic signal is necessary, Contractor shah pay any portion of the traffic signal installation costs that cannot be funded from other sources, and those costs of Contractor will be added to the total Construction Costs of the project as described herein. In the event that such additional traffic signal costs cause Contractor's total Construction Costs to exceed $4,100,000.00, the Construction. Cost Component shall be increased to allow amortization of the additional amount above $4,100,000.00. 4.08 Financing Documentation. Contractor shall not enter into any financing agreement for the capital costs of construction of the Transfer Station that involves use of the Transfer Station as collateral for financing, without the prior consent of MSWMA. 4.09 ASsumption of Capital Costs. MSWMA shall retain the right, at any time during the term of the contract, to reimburse Contractor for the outStanding principal of the Construction Cost and thereby eliminate the Construction Cost Component of the Service Fee. The outstanding principal of the Construction Cost shall be calculated using level-payment monthJy amortization over 20-year term at an interest rate of 8.0%. ?~r~ ~,v~u~ ~ a 4.10 Self Haul Service Fee. Contractor may elect to levy a charge for delivery of Acceptable Waste from Self Haulers which is based on volume, instead of weight. The minimum charge based on volume will be for a quantity of not more than one-half cubic yard. To establish the volume-based fee, Contractor will apply a weight-density ratio of 300 pounds per cubic yard and will apply this ratio to the Service Fee per ton to calculate the equivalent cost per cubic yard, which may be increased by 10% to set the Service Fee per cubic yard, in recognition of Contractor's additional costs in handling small loads. Any customer may elect to be charged by Weight, rather than volume, unless the Acceptable Waste falls into a particular category for which MSWMA has approved in writing a special charge schedule. 4.11 Yard Waste & Wood Waste Fees. Contractor may charge and collect a fee" approved by MSWMA per cubic yard of Yard Waste or Wood Waste, respectively, delivered to the Transfer StatiOn, in amounts equal to Contractor's Direct Costs of transporting such materials to MSWMA-approved processing facilities and paying processing fees thereof. RAIL SWS: MSWMA: Pa~e 23 4.12 Recycling Fees. Contractor may charge and collect fees approved by MSWMA per item of appliances, tires, used oil filters and antifreeze, respectively, delivered to the Transfer Station, in amounts equal to Contractor's Direct Costs of transporting such materials to processing or recycling facilities and paying processing or recycling fees thereof. MSWMA shall have the option to provide refrigerant and oil removal from appliances received at the Transfer Station at no cost to Contractor. 4.13 Change orders. (a) MSWMA may direct a Change Order to the final Plans and Specifications both before and after the Acceptance of the Transfer Station. The total of Construction Costs shall be adjusted to reflect any such Change Order, and the required completion date may be extended if required to carry out the Change Order. (b) MSWMA may direct a Change Order in the scope of Performance Obligations, including Transfer Station operations, transport services and/or disposal services, at any time. The Operating & Disposal Component of the Service Fee shall be adjusted if necessary to offset any increased costs to Contractor arising from such a Change (~rder. (c) Any disputes between Contractor and MSWMA concerning the impacts of a Change Order on costs or completion date shall be decided by the Independent Engineer as provided by Section 11.03. ARTICLE 5. ALLOCATION OF RISK; UNCONTROLLABLE CIRCUMSTANCES 5.01 Contractor reliance. Contractor warrants that prior to entering into this Contract, it has examined carefully and acquainted itself with: (a) all Contract documents (b) the Transfer Station project (c) all applicable federal, state, and local laws, regulations, ordinances, codes and rules, and (d) any and all other matters necessary to the performance of this Contract. 5.02 Uncontrollable Circumstances. Breach of Contractor's Performance Obligations and MSWMA's obligations hereunder are excused by Uncontrollable Circumstances that necessarily and unavoidably prevent performance of any component of the project, provided the party claiming prevention exerted due diligence to prevent the occurrence and mitigate the effects of such Uncontrollable Circumstances. RAIL SWS' MSWMA: Paee 24 5.03 Notification. The party with knowledge of the occurrence of an Uncontrollable Circumstance shall notify the other of the event and its effect on its Performance Obligations promptly, but in no case more than twenty-four (24) hours after the discovery of the event. Notice shall again be given when the effect of the occurrence of an Uncontrollable Circumstance has ceased. 5.04 Alternative Service Arrangements. Notwithstanding the provisions of Section 5.02, in the event that Contractor fails or is unable to fully and timely meet its Performance Obligations because of an Uncontrollable Circumstance, Contractor shall use its Reasonable Business Efforts to make available to MSWMA feasible alternative arrangements meeting its Performance Obligations, at the prevailing fees then in effect at such services, for the period during which such event continues. Failure of Contractor to secure alternative arrangements as provided in this Section shall not be deemed a breach of this Contract, provided that Contractor has exercised good faith efforts to make such alternative arrangements. MSWMA has the right to make such alternative arrangements independent of Contractor. 5.05 Insurable Uncontrolled Circmnstanceo Tr .....,,~,_ · . . ~v .... ,,___ ,,... ~, _ . o. ~ any o, me eqmpment at the ~xas~,er ,tanon or contractor's vehicles are damaged or destroyed due to explosion, floods, fire or other events for which the Contractor is obligated to carry insurance pursuant to Article 1 O, Contractor shall act diligently to promptly collect and apply insurance proceeds to the correction or reconstruction of the equipment or vehicles. ARTICLE 6. INDEMNIFICATION 6.01 Hold Harmless. Contractor shall assume the defense of, and indemnify and save hamfless, MSWMA, County of Mendocino, City of Uldah, City of Fort Bragg, and City of Willits, and t~eir officers, officials and employees, from all suits, actions, costs, damages, claims, judgments or losses arising from Contractor's performance, acts, errors, or omissions under the Contract, but excluding liability due to the active negligence or willful misconduct of MSWMA. In addition, Contractor shall be liable to MSWMA for any loss or damage to MSWMA transfer station property arising from or in connection with Contractor's performance hereunder. ARTICLE 7. SURETY RAIl. SWS: MSWMA: Paee 25 7.01 Performance Bond. Within fourteen (14) days following the adoption of the Covenant described in Section 3.03 by the County of Mendocino, City of Ukiah, City of Fort Bragg, and City of Willits, Contractor shall deliver to MSWMA and continue in force an irrevocable letter of credit with MSWMA designated as sole payee, or a cash deposit, or a performance bond issued by a corporate surety company authorized by the State of California and approved by MSWMA, to insure the faithfifl performance by Contractor of each and every term of the Contract, in the amount of $500,000.00. 7.02 Payment Bond. Prior to commencement of construction of the Transfer Station, Contractor will provide to MSWMA an estimate of total labor and material costs of construction. Contractor will provide to MSwMA a labor and material payment bond in the amount equal to 100% of projected labor and material costs to guarantee payment to suppliers and subcontractors. The payment bond will be issued by a corporate surety company authorized by the State of California and approved by MSWM& and will remain in force until released by MSWMA upon completion of the facility and payment of all suppliers and subcontractors. 7.03 Personal Guaranty. Contractor is a California corporation that is wholly owned by James Ratto, who agrees to personally guarantee the obligations and liabilities of Contractor under the Contract. ARTICLE 8. ASSIGNMENT 8.01 Assignment. Contractor shall not directly or indirectly, voluntarily or involuntarily assign, mortgage, pledge or encumber any interest in all or a part of the Contract and shall not transfer any controlling stock or ownership interest in Contractor without prior written consent of MSWMA, which MSWMA shall not withhold except for cause following a review by MSWMA of the fmancial means, experience, capabilities and the history of governmental relations of the party to which the ownership interest would be transferred. Any assigmnent made without the consent of MSWMA shall be void. ARTICLE 9. DEFAULT 9.01 Contractor Default. There shall be three classes of default by the Contractor in its performance under this Contract: (a) Class A Default includes: RAIL SWS: MSWMA: Paee 26 (i) Contractor's failure to procure and/or maintain any performance bond, payment bond, or insurance required hereunder; (ii) Contractor files a voluntary claim for debt relief under any applicable bankruptcy, insolvency, debtor relief, or other similar law now or hereafter in effect, or shall consent to the appointment of or taking of possession by a receiver, liquidator, assignee, trustee, or custodian of Contractor for any part of Contractor's operating assets or any substantial part of Contractor's property, or shall make any general assignment for the benefit of Contractor's creditors; (iii) A court having jurisdiction enters a decree or order for relief in any involuntary case brought under any bankruptcy, insolvency, debtor relief or similar law now or hereafter in effect, or Contractor consents to or fails to oppose any such proceeding, or any such court enters a decree or order appointing a receiver, liquidator, assignee, custodian, or trustee of Contractor for any part of Contractor's operating equipment or assets, or orders the winding up or liquidation of the affairs of Contractor; (iv) Contractor's failure to transfer all Acceptable Waste from the tipping floor of the Transfer Station in accordance with Section 2.08 and transport such Acceptable Waste to the Disposal Facility on more than three occasions of three or more days' duration in any calendar year. (b) Class B Default includes: (i) Contractor's failure to meet its Performance Obligations with respect to Transfer Station development by the times provided in Section 2.02; (ii) Contractor's breach or default under any subcontracts relating to Contractor's Performance Obligations, including subcontracts for transportation and disposal; Contractor's failure to secure provisions in such subcontracts requiring the subcontractor to promptly notify MSWMA of such breaches or defaults; and Contractor's failure to promptly notify MSWMA of such breaches or defaults; (iii) Contractor's failure to deliver Acceptable Waste to the Disposal Facility in accordance with Section 2.22 and Yard Waste and Wood RAIL SWS: MSWMA: Pane 27 Waste to MSWMA approved facilities in accordance with Section 2.17; (iv) Contractor's direct or indirect change of control or transfer of a direct or indirect controlling interest in the beneficial ownership of Contractor in violation of Section 8.01. (c) Class C Default includes any other failure by Contractor to fully and timely meet its Performance Obligations. 9.02 Consequences of Contractor Default. (a) Class A Default. In the event of a Class A default, MSWMA may at its sole discretion: (i) be released from its obligations under this Contract and use any other method or person to operate the Transfer Station and to transport and/or dispose of solid waste, including direct operation of the Transfer Station by MSWMA or its agents, and may sue for actual damages; (ii) seek judicial remedy of specific performance;' (iii) pursue any combination of the foregoing or any other remedy provided under this Contract; or (iv) foreclose on the performance bond required by Section 7.01, "Performance Bond." (b) Class B Default. In the event of a Class B default, the Contractor or Surety shall be permitted to remedy the default within fifteen (15) days' from notice by MSWMA and shall pay to MSWMA, from the date of that notice to the date the default is remedied, liquidated damages in the amount of $7,500.00 per day. If the Class B default is not remedied within the time stated in the notice, MSWMA may, at its sole option, exercise the remedies provided in subsection (a). (c) Class C Default. In the event of a Class C default, the ContractOr or Surety shall be permitted to remedy the default within thirty (30) days from notice by MSWMA and from ten days after the date of that notice to the RAIL SWS: MSWMA: PaRe 28 date that the default is remedied shall pay to MSWMA liquidated damages in amotmt of $500 per day. If such default is not timely remedied, MSWMA may, at its sole option, exercise the remedies provided in subsection (a). (d) The amount of liquidated damages stipulated in this Section shall be adjusted annually by the CPI in the same manner as the Service Fee. (e) The parties acknowledge that consistent, efficient Transfer Station Operation is of utmost importance to MSWMA, and MSWMA has considered and relied upon Contractor's representations as to its quality of service commitment in entering into this Contract. The parties further recognize that quantified standards of performance are necessary and appropriate to ensure consistent and reliable service. The parties further recognize that if Contractor fails to meet its Performance Obligations, Self Haulers, Franchised Waste Haulers and MSWMA and the public will suffer damages and that it is and will be impracticable and extremely difficult to ascertain and determine the exact amount of such damages. Therefore, the parties agree that the above-stated liquidated damages represent a reasonable estimate of the amount of such damages. 9.03 Default Procedure. (a) Notice. To initiate default proceedings under this Section, MSWMA's representative shall give written notice to Contractor's representative and its Surety of MSWMA's intention to declare the Contractor in default. Unless the Contractor promptly shows cause t° MSWMA's satisfaction why it should not be declared in default under the Contract, MSWMA shall declare the Contractor in default and notify the Surety of such declaration. (b) Performance by Surety.. In the event that MSWMA orders the Contractor to discontinue further performance under the Contract and transfers Contractor's obligation to perform to the Surety, the Surety shall, within twenty-four (24) hours, assUme performance of the Contract and, as soon thereafter as possible, but no later than seventy-two (72) hours after MSWMA transfers Contractor's obligations to the Surety, take possession of all vehicle and equipment necessary to perform the work in accordance with applicable law. The Surety's' action under this Section shall not relieve it of its obligations under the Contract and the bond. RAIL SWS: MSWMA: Paee 29 (c) Failure by Surety.; MSWMA Substitution. If the Surety fails to effectively and competently assume or continue performance within four (4) days of the effective date of notice from MSWMA, MSWMA may exercise its rights to foreclose on the performance bond. (d) Uncontrollable Circumstances. A delay or interruption in the performance of all or any part of the Contract resulting from Uncontrollable Circumstances shall not be deemed a default under this Article, except that, if an Uncontrollable Circumstance occurs and prevents MSWMA or Contractor from performing the Contract for a period in excess of ninety (90) days, then each Contractor and MSWMA shall have the fight, in its sole discretion, to terminate this Contract. 9.04 MSWMA Use of Contractor Equipment. If the Contract is terminated for cause by MSWMA, MSWMA or its agents may utilize all or any portion of Contractor's equipment as is appropriate to operate the Transfer Station. Contractor hereby grants to MSWMA; at no cost to MSWMA, an irrevocable offer to a one year lease, or portion thereof in monthly increments, of any or all of Contractor's equipment at a fair market lease rate in the event MSWMA terminates this Contract for cause. At the time of termination, MSWMA shall give written notice to Contractor of its desire to lease all or a portion of Contractor's equipment by specifying the item of equipment MSWMA desires to lease. With respect to each item of equipment specified, MSWMA may immediately begin using such equipment and may take physical possession of it. The equipment of Contractor shall be returned to Contractor in the same condition as existed at the time when MSWMA obtained the same, with the exception of ordinary and reasonable wear and tear. 9.05 Remedies Not Exclusive. MSWMA's rights and remedies in event of Contractor's breach and default hereunder are not exclusive. MSWMA's exercise of one such remedy is not an election of remedies. ARTICLE 10. INSURANCE. 10.01 Insurance Requirements. Contractor and all Subcontractors will continuously maintain insurance in the following amounts: $1,000,000 combined single limit general liability for bodily injury, personal injury and property damage; $1,000,000 combined single limit automobile liability for bodily injury and property damage; $1,000,000 worker's compensation. Any deductibles or self- insured retentions must be declared to and approved by MSWMA in writing. RAIL SWS: MSWMA: Paee 30 MswMA, its officers, officials, and employees are to be named as additional insured on all insurance policies except worker's compensation, with an endorsement that states that coverage shall not be suspended, voided, reduced in amounts or in limits except after 30 days' written notice to MSWMA, as stated in Certificates of Insurance which shall be provided to MSWMA. The insurance policies shall be issued by an insurance company or companies authorized to do business in the State of California and with a rating in the most recent edition of Best's Insurance Reports of size category VII or larger and a rating classification of A- or better. 10.02 MSWMA Property. MSWMA shall maintain property coverage insurance for MSWMA-owned improvements at the Site. ARTICLE 11. DISPUTE RESOLUTION. 11.01 Independent Engineer. As of the date hereof, the Independent Engineer is CH2M Hill, 111 Broadway, Suite 1200, Oakland, CA 94607. In the event the Independent Engineer resigns or is otherwise unable to perform services hereunder or either party wishes to select a different engineer, each Party shah prepare a separate list of five independent engineers having experience in the design, construction, acceptance and operation of transfer stations, material recovery facilities and yard waste processing facilities, in numerical order with the first preference at the top, and exchange and compare lists. The independent engineer ranking highest on the two lists by having the lowest total rank order position on the two lists shall be the Independent Engineer. In case of a fie in scores, the Independent Engineer having the smallest difference between the rankings of the two parties, shall be selected; other ties shall be determined by a coin toss. If no' independent engineer appears on both lists, this procedure shall be repeated. If selection is not completed after the exchange of three lists or sixty days, whichever comes first, then each Party shall select one independent engineer having experience described above and the two engineers so selected shall together select an Independent Engineer. 11.02 Independent Engineer Costs. Parties shall pay the costs of the Independent Engineer in accordance with the provisions hereof; pxo._Eid~ that if no provision is specifically made, the Parties shall share the costs of the Independent Engineer equally for the first three arbitrations or mediations brought in any Contract Year, and thereafter shall be borne by the loser, as determined by the Independent Engineer. RAIl; SWS- MSWMA: Paee 31 11.03 Arbitration for Specified Disputes Only. Following the Parties mutual good faith efforts to resolve disputes listed in thi.'s paragraph below for a period of no less than flfil-ty days, or prior to the acceptance of the Transfer Station in accordance with Section 2.04, ten days, the Parties shall each give the Independent Engineer Notice detailing the dispute together with a written statement of each Party's position thereon. Parties shall simultaneously exchange' copies thereof. The determination of the Independent Engineer with respect to these specific disputes shall be binding: (a) MSWMA approval of final Plans and Specifications for Transfer Station construction. (b) MSWMA acceptance of Transfer Station. (c) Contractor accounting of actual Construction Costs of Transfer Station (d) adjustments in Construction Costs, Service Fee or completion date due to Change Orders directed by MSWMA (e) any other disputes which both Parties agree to submit to the Independent Engineer for determination on a binding basis. Both Parties shall, in good faith and in writing, promptly provide the Independent Engineer with any and all information and documentation the Independent Engineer requires or requests in order to make its determination. Each Party shall simultaneously provide the other Party with copies thereof. Neither Party shall colmnunicate orally with the Independent Engineer unless the other Party is privy thereto. Neither Party shall communicate in writing with the Independent Engineer ualeaa it simultaneously sends copies of such communication to the other Party, in the same manner that it sends such communication to the Independent Engineer. 11.04 Determination. The Independent Engineer shall make its determination based on the submissions of the Parties, the provisions hereof, and other factual determinations it may make regarding the matter in dispute. 11.'05 Studies and Surveys. The Parties may request the Independent engineer to conduct studies and surveys with respect to breaches or disputes hereunder. Cost of such surveys and studies shall be paid as the Parties may agree. RAIL SWS: MSWMA: Paee 32 11.06 Optional Arbitration. In addition to the specified disputes that will be submitted to the Independent Engineer, any other dispute may be referred to binding or non-binding arbitration trader procedures that the parties shall adopt, if Contractor and MSWMA mutually agree to conduct such arbitration. ARTICLE 12. TERMINATION 12.01 Contractor Will Vacate Upon Termination. Upon termination of this Contract for any reason, including termination by MSWMA due to Contractor's default, Contractor shall immediately vacate the Transfer Station and deliver possession thereof to MSWMA together with all fumis~gs, equipment, spare parts, patents, licenses, and all personalty acquired with proceeds of the Service Fee; maintenance and'supply contracts, permits; and then current Plans and Specifications, operations and maintenance manual and all records relating to Transfer Station development and Transfer Station operations. "Delivery" includes physical delivery, transfer, assignment or similar relinquishment by Contractor to MSWMA. Contractor's and Contractor's affiliates, employees and' subcontractors shall cooperate with MSWMA and regulatory authorities in effectuating the transfer of permits to MSWMA including executing documents, attending meetings and providing administrative support. Contractor shall further leave the Site and Transfer Station, including all furnishings and equipment inside and outside the Transfer Station, in clean and functional condition, operable by other persons in accordance with the operation and. maintenance manual, subject to ordinary wear and tear. This Section shall survive the termination of the Contract. ARTICLE 13. GENERAL PROVISIONS 13.01 Governing Law. This Contract is made in and shall be construed under the laws of the state of California, and any actions filed hereunder shall be filed in the County of Mendocino, State of California. 13.02 Severability. If any Contract provision is held void, invalid, or unenforceable under any applicable law, the remaining provisions of the Contract shall remain in effect and bind the parties; however, the parties shall negotiate in good faith to amend the Contract to effectuate the intent of any void, invalid, or unenforceable provision, if permissible under applicable law. 13.03 Time of the Essence; No Waiver. Time is of the essence in this Contract. MSWMA's or Contractor's failure to object to a breach of any Contract provision is not and shall not be construed as a waiver of that provision. The payment or RAIL SWS' MSWMA: Paee 33 acceptance of compensation to any breach is not and shall not be deemed an acceptance of that breach. Any waiver must be in writing. 13.04 Construction of Terms. Unless otherwise specified in the Contract, words describing material or work that have a well-known technical or trade meaning shall be construed in accordance with the well-known meaning generally recognized by solid waste professionals, engineers and trades. 13.05 Personal Liability. This Contract is not intended to create or result in any personal liability for any public official or MSWMA employee or agent, nor shall the Contract be construed to create that liability. 13.06 Subsidiary Contracts. No contract between Contractor and its subcontractors, officers, employees-or agents, including all contracts relating to construction, use, operation of the Transfer Station, transportation vehicles or disposal site, shall prevent, expressly or in effect, the Contractor fi.om performing its obligations under this Contract. 13.07 Independent Contractor. Contractor shall perform all work under this Contract as an independent contractor. Contractor is not and shall not be considered an employee, agent, subagent, or servant of MSWMA for this Contract or otherwise; Contractor's subcontractors, employees, or agents are not and shall not be considered employees, agents, subagents, or servants of MSWMA for this Contract or otherwise. Nothing in this Contract shall be construed as creating a partnership or joint venture between Contractor and MSWMA or as giving MSWMA a duty to supervise or control the acts or omissions of anY person performing services or work under the Contract. 13.08 Dissolution of MSWMA. In the event that MSWMA is dissolved or its functions and power relative to this Contract are taken from MSWMA by legislative act, or by referendum of the people, or by agreement, all of the duties, rights and remedies of MSWMA under the Contract, including, but not limited to, any bonds executed for this Contract, shall remain in full force and effect and shall be transferred to the successor to MSWMA as specified by the legislative act, agreement, or referendum by which MSWMA is dissolved. 13.09 Notices. All demands, directions, selections, option exercises, orders, requests, proposals, comments, acknowledgments, approvals, consents, certifications, waivers and other communications made hereunder shall be in writing and deemed served when: (a) delivered in person to the person to whom it was intended; (b) if sent by certified mail or other carrier, return receipt requested, RAIL SWS: MSWMA: Paee 34 to that person at the person's last known business address; or (c) if sent by facsimile (confirmed promptly by the means described in clause (a) or (b) of this paragraph). The date or time of service shall be three (3) business days after the date or time the relevant document was mailed to that address; one (1) business day after the relevant document was faxed to that fax number; and the same day if personally delivered to the specified person and/or address. Contractor shall address all notices and correspondence to MSWMA to MSWMA's representative as follows: General Manager Mendocino Solid Waste Management Authority 101 W. Church Street, Room 9 P.O. Box 123 Ukiah, CA 95482 Phone: (707) 468-9710 Fax: (707) 468-3877 MSWMA shall address all notices and correspondence to Contractor to Contractor's representative as follows: Smart Katte c/o Novato Disposal P.O. Box 768 Novato, CA 94948 Phone: (707) 765 2082 Fax: (707) 765 9103 The addresses and phone numbers for the rePresentatives of the Parties may be updated by written notice as necessary. 13.10 Article, Section and Subsection References. Any Articles, Sections or subsections mentioned in this Contract by number only, without reference to another document, refer to those Articles, Sections or subsections contained in this Contract. All Article, Section or subsection headings contained in this Contract are for convenience and reference only. They are not intended to define or limit the scope of any provision of this Contract. RAIL SWS: MSWMA: Pace 35 13.11 Amendment or Waiver. Neither this Contract nor any provision hereof may be changed, modified, amended or waived except by written instrument signed by the parties. 13.12 Integration. This Contract contains the entire agreement between the parties with respect to the transactions contemplated hereby. This Contract shall completelY and fully supersede all prior understandings and agreements between the parties with respect to such transactions, including those contained in MSWMA's Request for Proposals for services hereunder, and Contractor's proposal in response thereto. 13.13 Execution in Counterparts. This Contract may be executed in any number of original counterparts. All such counterparts shall constitute but one and the same Contract. ,. 13.14 Compliance with CEQA. This project will comply with the California Environmental Quality Act before construction commences. Neither the act of selecting Contractor nor the execution of this Contract shall require prior compliance with CEQA. 3.15 Security for Construction. This Contract prowdes adequate security for the construction of the Transfer Station to ensure its completion, and provides for the protection of the revenue stream of the project. 13.16 Adequate Financial Resources. Contractor possesses adequate financial resources to design, build, and operate the Transfer Station after the date of this Contract. 13.17 User Fees. This Contract sets forth the terms for Contractor's imposition of user fees. MSWMA will not exercise independent fee setting authority throughout the term of this Contract except as set forth in Section 4.0 l(c), "MSWMA Surcharge Component." User fee revenues are in an amount sufficient to protect the revenue stream necessary for the project. User fees are dedicated exclusively to payment of Contractor's direct and indirect capital outlay costs for the project, direct and indirect costs associated with operations, direct and indirect user fee collection costs, direct and indirect administration of the Transfer Station, reimbursement for the direct and indirect costs of maintenance, and a reasonable return on investment to Contractor. ARTICLE 14. TERM RAIL .SWS: MSWMA: Paee 36 14.01 Term of Contract. The term of the Contract shall continue for twenty (20) years beginning on the date of the Acceptance of the Transfer Station by MSWMA in accordance with Section 2.04, unless terminated earlier pursuant to terms of the Contract. MSWMA shall have the right to extend the term of the Contract for an additional five (5) years, at MSWMA's sole discretion, provided that notice is given to Contractor not less than six (6) months prior to expiration of the Contract. IN WITNESS WHEREOF, this Contract was executed by the parties hereto as of the latter of the dates written below: MENDOCINO SOLID WASTE MANAGEMENT AUTHORITY By: Richard Shoemaker, Chairman of the Board of Directors DATE: ATTEST: By: DATE: SOLID WASTES SYSTEMS. INC. By: ames Ratto, President DATE: I personally guarantee the performance of the obligations and payment of the liabilities of Solid ~~ems, Inc., pursuant to this Contract. JAM O Date: RAIL SWS: MSWMA: Paee 37 04/09/97 10:55 9707 544 0866 EBA/MEA ~oo2 EXIHBIT 'A' FACILITY DESIGN- RAIL OPTION Preliminary Development Plans (Figures 1, 2, 3 and 4) show the site layout, transfer building floor plan and transfer building elevations. Detailed Site Plan Figure I is the pw. liminary facility Site Plan that shows thc property boundary, general layout for buildings, access roads, mil spur, paved areas, materia~ load out area, recycling and drop-off area and proposed lan~ areas. The site (Harvey Dak Site) is a vacant 9.3 acre parcel of flat land in an industrial and commercial district at 3401 North State Street, north of the City of Ukiah. The site will be enclosed by a 6 foot high perimeter chain link fence. An asphalt paved entry drive will be located at the northwest corner of the site across from Parducci Road. The North State Strut/Parducci Road intersection will be improved to provide a northbound deceleration lane for traffic entering the transfer station and a dedicated left and straight/right turn lanes to provide exiting traffic with space to maneuver 'and accelerate into roadway traffic. Tipping Areas: Tipping areas in the Transfer Building (Figure 2) will be separated for commercial haulers, public non-processable loads and loads for processing. Non-proccssable loads will be unloaded on the tipping floor and moved by rubber-tired loader to tim top loading area. The tipping area for wood and yard waste, will be a separated area on the tippLag floor where it will be stored, crushed by the track loader, and.pushed into transfer trailers for transport to a processing facility. The same tunnel for rail car loading will be u~ for trailer loading of the wood and yard waste. No grinding of yard or wood waste is proposed at this facility. Public drop off for recyclables and a re-use area is located on the north end of the site as shown on Figure 1. Storage Areas: Storage for waste awaiting loading for transfer will be on the tipping floor adjacent to the top loadout area. Yard waste will be stored on the tipping floor until a trailer load is available. Recyclable materials wilI'be stored in bins or bunkers at the recycling/drop-off area. Parking Areas: Employee parking is av~_J!_sble in the paved area south of the Administration Building. Additiona!~ parking areas are available in the paved recycling/drop-off area for visitors. Ramps and parking designations will be provided in accordance with the Uniform Building Code. Access: Ali vehicles will enter and exit the facility from the North State Strect/Paxducci Road intersection at the northwest comer of the property. Identification Signs: Signs identifying the facility will be placed at the entrance to the facility. The signs will at a minimum identify the facility operator and will conform with Meadocino 04/09/97 10:56 'r~'707 544 0866 EBA/MEA 1~003 County zoning requirements and sign ordinances. Entry Sign~: Entry signs depicting the schedule of charges, bouts of operation, and listing of materials accepted and not accepted will be placed at the main entrance. Station Secure.:. A..6 foot chain link fence will be placed along the perimeter of the sS. re. Csa~ will be locked during non-operating hours. Roads: All on-site roads and vehicle mutes will be paved with either asphalt concrete or Portland cement concrete and will provide all-weather access. Visual Screening: The areas open to the public at the station will be aesthetically acceptable through landscaping and station eleaning and other dust and litter control activities. Lan~g will consist of trees and shrubs using select low maintenance vegetation as much as possible. Visual scn~eming in the form of landscaping will be installed along North State Street and at the fadh'ty entrance. Station cleaning includes loose materials and litter cleanup, container cleaning and housekeeping activities. Station controls which help maintain an aesthetically acceptable environment include dust, vector and bird, and litter control activities. Transfer Building An approximately 26,000 square foot transfer building will provide for the dumping of waste and loadout to rail cars for disposal as shown on Figure 2. Two tipping floor openings will provide the capadty to top4oad two rail car containers simultaneously. Rail eazs will back into position in the runnel and the waste will be loaded by gravity from the tipping floor. The flexible transfer station design will be both mil and truck compatible.. Trucking is available as a back-up in case the rail goes out for whatever reason. The building pad will be built approximately 17 feet above grade to accommodate the differeaee in ele~ttion needed to load the r-ail car containers from the top. Building height will be up to 35 feet and door heights will be up to ~25 feet. The u'ansfer building will consist of metal siding and roof on concrel~ stem walls. Hose reels will be provided for fire protection and wash down of the tipping floor. Floor drains or U'enches will connect to the sanitary sewer system. A building sprinkler system will be provided for additioe~l fire protection. To control dust in the m'ea of the loadout chutes, a water mist system will be installed. A positive roof ventilation system consisting of electrical exhaust fans will provide a minimum of 4 air changes per hour to mitigate vehicle fumes and waste odors collecting in the building. Lighting for the transfer building will be provided by translucent panels and ,sodium lights. .-' 04/09/97 10:57 ~'707 544 0866 EBA/MEA ~004 Scale house/Admin~ration Building An appro~y 1,500 square foot Sealehouse and Administration Building is shown on Figure I along the entrance road. All transfer building incoming traffic will stop at the scale for weighing, inspection and fee processing. .-. The building will be equipped with heating, ventilation and air conditioning and will-include an employee lunch/break room with lockers, two offices for the general manger and the buy-back at~dant, a unisex handicapped restroom for employees and the public, a weighmaster room with space for records storage, a storage room and telephones. The scale may be equipped with uaffic signals so that incoming traffic can be stopped to allow the weighing of outbound traffic, as needed. Rag/Car Loa&'ng A railroad spur will be extended through the transfer building az shown on Figure 1. Pail switching and scales under the rail. cars will be installed as necessary. Buy-back./Drop-off Area A comprehensive buy-back and drop-off recycling area. for self haulers together with a re-use and resale area will be provided on the north end of the site aa shown on Figure 1. Reeyelables will be stored in bunkers or containers within this area. The buy-back attendant will be housed in the Administration Building. During final design, the layout of this area may be reconfigured to allow for drop-off of recyclable material into bins that are below grade, utili:,ing retaining wails. Wood and yard waste grinding will not be performed at the site. Yard and wood waste will be collected, stored in the transfer building and transported off site for processing. Traffic Flow Traffic flow is shown on Figure 1 for ali vehicles that will access the site. All traffic will enter and exit at the main entrance off of North State Street a~ indicated on Figure I. All incoming vehicles utilizing the transfer building will be required to stop at the scalehouse for weighing and/or inspection. Exiting vehicles may also be required to stop at the scale house and be weighed.. Vehicles using the re-use and drop-off areas and employees wil not have to pass through the scale area~ Waste Stream and Design Capac~ Per MSWMA estimates, the transfer station is anticipated to initially receive an average of 1415 tons per day of waste for a 6-day operation and could receive up to 200 tons per day in the 94/09/9? 10:58 9707 544 0866 EBA/MEA OO5 foreseeable future. The transfer station and transportation and disposal system, capability to handle up to 400 tons per day, Loading will have the 'Ft~ facility ~ be designed to aecomm~te the total number of vehicles and the expecte~ peak arrival rates as contained in the Draft Environmental Impact Report dated Dec~mber 1995. Su~ace Drainage and Runoff Control Outside of the transfer building, su~ce drainage will be managed as non-contact storm water. The drainage plan will use. swales and culverts to drain water to the existing drainage swale which flows south along the eastern property line. Utilitie~ .Wastewater from the restroorns and Wash-down water from the transfer Ixfilding will be piped to the sanitary sewer line along North State Street. Water from the rail car loading area and building floor drains will be directed to an oil/water separator before entering the sanitary sewer system. Pacific Gas and Electric will Provide electric power from lines along North State Street. On-site electric will be installed underground. Telephone service will be provided by Pacific Bell. Water for eyewashes, drinking, sanitary purposes and fire protection will be provided by the l~rdlvi~v County Water District' from the existing water main along North Stale Street. The existing water main will need to be extended north to the project site. Equipment Fueling A 500 gallon, double wail, above ground diesel fuel tank is proposed for the fueling ofthe loaders only. L:L~ROI'gC'p~3~DESiGN. OPB NORTH STATE STREET o o o o SPUR 8'×25' Doors 4'×14' Doors Public/ Self-Haul L Commercial 75' 75' 50' Max 0 52+ 52'! 0 17' 0 0 0 Z 50' Max 35' EXHIBIT "B" FACILITY OPERATIONS - RAIL OPTION Hours of Operation The facility will accept commercial and self haul loads between 7:00 a.m. and 4:00 p.m., Monday through Saturday. The facility will be closed on Sunday and major holidays. Station Personnel Availability: The station operator will provide the necessary number of fully trained personnel to accommodate the operations at all times, including daily and seasonal fluctuations in waste flows. The table below identifies the number and qualifications of employees at the station. Title General Manager ;onsibilities Every day operation of the facility, staff scheduling and safety rams Equipment >erators Everyday operation of heavy equipment Gate Attendant Buy-back Attendant Responsible for weighing in and weighing out all refuse vehicles on site Responsible for fee collection and operation of buy-back and drop- off area Spotter/Operator Maintenance/ Laborer Assist in traffic control, inspection and sorting of incoming material, clean-up and wash down of facilities, litter collection, and janitorial services and assist with e~eration as needed Maintenance of station and equipment, spotter and general ~erations Day to day operation and general management of the station will be performed by the General Manager. His duties will include the on-site activities associated with the transfer station operation, including recycling, fee collection, green waste and wood waste management, tipping activities by commercial and private users, and the proper loading of rail car containers. Training: Facility personnel will be trained in the safe operation of equipment. Equipment operators will be licensed as required. Regular safety meetings will be held to discuss operating procedures, identification of waste materials, accident reporting, and safety awareness, and any other safety related issues. Facility personnel will complete a hazardous waste materials L APROJECT~63\OPERS. OPA management training program. The training program will familiarize personnel with emergency procedures, equipment, and systems. Personnel will complete an annual hazardous materials management refresher training program. Emergency Contact List: An emergency contact list in the format of the table below will be posted at the gatehouse, and the administration building. It will identify the personnel to be contacted in the case of an emergency at the facility. The list will be revised as necessary and will be provided to the LEA, County Health Department, and the local fire authority. · '::::::::::: ::i: Title Name Phone # Address Owner & Operator Solid Wastes Systems, (707) 462-8621 P.O. Box 60 Inc Ukiah, CA 95482 General Manager Bruce McCracken Operator: Solid Wastes Systems, Inc will operate the facility. The Company has operated a refuse collection service in the city of Ukiah for 5 years servicing residential and commercial accounts and currently collects refuse and recyclables from approximately 4,500 accounts. Additionally, Solid Wastes Systems, Inc. operates a drop-off center at the Ukiah Landfill and a buy-back center in Ukiah. Station Equipment Type, Capacity and Number of Units: The stationary and mobile equipment the facility will utilize is listed below. Stationary Equipment' 1 - Truck Scale 2 - Platform Rail Scales Mobile Equipment: 1 - Rubber tired loader 1 - Cat 977 track loader A brief description of some of the equipment to be used in the transfer operations follows: Truck Scales: One 10-foot by 70-foot truck scale will be installed in the main access road at the scalehouse. The scale will be 60 ton capacity and installed in a concrete pit so the top of the scale is flush with the pavement. Scale instrumentation will include a digital truck weighing system with a software package, digital weight indicator and surge voltage protection system that meets or exceeds all requirements of the National Bureau of Standards for commercial weighing. L:XPROJECT~563\OPERS.OPA Platform rail scales will be installed in the rail car loading area along with digital readouts installed on the wall above the loading pit opening. ~ A rubber tired loader will be used for pushing material into the open top rail car containers. This loader will be either a Case W36, Ford A64, International 530 Dresser Payloader or equal. A Caterpillar 977 track loader will be used to crush any bulky waste before pushing it into the rail car containers. This is done to increase the density of the material in the trailers to obtain optimal weight. The loaders will be equipped with heavy-duty diesel engines, automatic bucket controls and sealed linkages to extend lube intervals and reduce maintenance time. Equipment Maintenance: The wear and tear of machinery and equipment is high due to the non- uniformity and characteristics of municipal solid waste. Thus all equipment will be inspected and maintained at the company's Taylor Road equipment yard in Ukiah, in accordance with manufacturer recommendations and OSHA requirements. Operators and supervisors will monitor the operation of equipment they are using and if any problems are identified or suspected the equipment will be identified to the maintenance shop manager. A maintenance program will be established prior to the start of operation. The program will be based on the actual equipment and on equipment supplier recommendations. This program will include, but is no limited to the following' Training all mechanics and maintenance personnel in the maintenance of the type of equipment to be utilized at the station. Lubrication schedule for all equipment. Equipment service program based on hours of operation. Establish a program for equipment and machinery replacement based on hours of operation and service. Standby Equipment: Equipment breakdowns will be minimal due to preventative maintenance measures. Mechanics are available daily to make repairs to material handling equipment, structures or facilities. Standby equipment to assure ongoing operations will be obtained, if necessary, from the company's other operations in Sonoma County. Materials Handling Activities Materials check in and weighing: Wastes will arrive at the transfer station via commercial or self-haul vehicles. All incoming loads will be screened at the scalehouse. A 70-foot scale will be located adjacent to the scalehouse and each vehicle will be weighed and/or inspected to determine the gross weight or volume and can be reweighed upon exiting the site, if required, to determine the tare weight. Tare weight will be kept on record for most commercial vehicles so L :kr'ROIECl'~563\OPERS OPA that exit weighing will typically not be required for these vehicles. Incoming vehicles will be directed to the following areas based on their contents: Collection vehicles (residential and commercial packer truck loads) will be directed to the south side of the Transfer Building for unloading on the tipping floor. Self haul vehicles containing recyclables will be directed to the buy-back and drop-off recycling area. Self-haul loads consisting only of yard and wood waste will be directed to the Wood and Yard Waste storage area on the tipping floor. Self-haul vehicles with only waste to be disposed will be directed to the north end of the Transfer Building for unloading on the tipping floor. Any load believed to contain unacceptable waste will be directed to a separate area where the load can be inspected. Hazardous Waste Screening Program: Discharge of hazardous waste will be prohibited at the facility. A Hazardous Waste Screening Program for the facility will be prepared. The screening program will consist of the following activities: Inspection of random in-coming loads. Regular visual inspection of the wastes deposited at the facility. Training of facility personnel in hazardous waste recognition and proper hazardous waste handling procedures. Reporting incidents of unlawful disposal to appropriate agencies. Installation of signs at the facility entry way indicating that no hazardous waste are accepted. Unloading: Following inspection and weighing at the scalehouse, haulers will be directed to the appropriate area to unload their material. Figure 2 in Exhibit "A" identifies the unloading locations for commercial, and self haul vehicles. Self haul vehicles discharging buy back material will unload at the buy back center. Commercial, and self haul vehicles, excluding self hauls discharging buy back material, will discharge material in discrete unloading areas within the Transfer Building. On one side of the tipping floor, commercial trucks will unload and on the other side of the tipping floor, sel-haulers will be directed by a spotter to unload their wastes in a designated area. The unloading areas will be separated by K-rail, signage and a spotter. The unloading areas will be separated by a loading slot through which waste will be pushed into containers in the tunnel below. Wind blown-material will be reduced and controlled by unloading material inside the Transfer Building, a perimeter fence surrounding the site and a litter collection program. L:XPROIECT%63\OPERS.OPA Incoming Materials Storage: Incoming material will be processed as soon as possible and long term storage of incoming material will not occur. The tipping floor will be able to store approximately 250 tons in emergency situations. Hazardous Materials Storage: Hazardous material, generated as a result of the hazardous waste screening program or from on-site activities, will be stored in an approved hazardous material storage container. The area will be constructed and operated to prevent water infiltration into the material and the release of liquids from the designated area. Storage times will be limited to less than 90 days. Buy-Back/Drop-Off Area: A comprehensive buy-back and drop-off recycling area as well as a reuse and resale area, will be provided for self haulers. A paved area will be provided for recyclable bins and container storage. The buy-back area will be open with the option of adding a roof available in the future. The attendant for this area will be housed at the adjacent Administration Building. Recyclable material to be accepted will include: cans, bottles, plastic containers, newspaper, cardboard, magazines, office paper, paperboard, scrap metals, appliances, yard waste, wood waste, tires, foam padding, motor oil, auto and household batteries and antifreeze. Materials Separation and Sorting: Selected commercial and self haul loads will be separated and sorted in the processing area of the Transfer Building. Separation and sorting will take place manually on the tipping floor. Only loads rich in clean recyclable material will be selected for sorting. The material will be placed in bins and transported to the main recycling storage area. The self-haul buy back center will not accept unseparated loads. No sorting will take place at the buy back center. Storage of Salvaged or Recyclable Materials: Recyclables will be stored until there is enough material to fill the container used for transport either by volume or weight. Recovered yard waste material will be temporarily stored at the designated area on the tipping floor and pushed into transfer trailers for transport to processing for recycling. Salvageable wood material not suitable for recycling will be deposited at the re-use area. Storage of Non-recoverable Residuals Destined for Disposal: The Transfer Building tipping floor has capacity to store all non-recyclable materials for a minimum of 1.7 days. All residual waste storage will be inside the Transfer Building. Size Reduction Operations: Size reduction of bulky items will be done by crushing on the tipping floor with the track loader. Transformation Processes: There will be no transformation processes at the facility. L:lPROJECT~563\OPERS.OPA Compaction and/or Baling Operations: There are no compaction or baling operations planned at the facility. Recovered Materials Facilities, Procedures, and Frequency of Removal: Paper, cardboard, glass, plastic, aluminum and other recyclables will be stored outside in containers or bunkers until transfer off-site. Each type of material will be shipped when enough material is stored to make a truck load. Non-Recoverable Materials Facilities, Procedures, and Frequency of Removal: Typically residual solid waste will not be stored at the facility for more than a few hours at a time, with overnight or one business day being the normal maximum. Material will be compacted on the floor with a track loader and loaded into rail containers through two 18' long slots in the transfer station floor. The rail containers are 20' long by 12' high by 8.5' wide, and have a capacity of 62 cubic yards each. The containers are top-loading, configured with solid metal or plastic lids which have heavy-duty hinges on one side and which may be manually opened with a picking hook. Containers travel four to a single flatcar. They are single-stacked and clear all tunnel heights without problems. Rail containers will have their tops opened prior to moving the cars into the loading tunnel. Containers on flatcars will be pushed along the rail spur in the tunnel underneath the transfer station building for loading. Movement of the railcars under the tunnel will be achieved by either a cable/electrical motor system or a diesel-powered trackmobile railcar mover. All loading activity will take place inside the building. As properly loaded containers exit the building, the solid lids will be placed back over the top of each container and secured into place with clamps and straps. Wood and yard waste will unloaded in a separate area on the tipping floor and loaded into a transfer trailer through the same floor opening and tunnel utilized by the rail cars. Trailers will be loaded when enough material has accumulated for a full load. Hazardous Materials Facilities, Procedures, and Frequency of Removal: Hazardous material separated as a result of the hazardous waste screening program will be temporarily stored in I · [.o. rage times will be c~lit P azardous waste ~ ~.^,,, ....... ,, y by a contractor . Th,~ ,~u, suactor Wlll remove, transport and dispose of the material in compliance with all federal, state, and local regulations. Station Maintenance General: The station will be maintained to provide a clean and safe facility for the public and employees. The maintenance program will include: L:~PROJECT~563\OPER$.OPA Equipment and machinery maintenance Inspections and cleaning, if required, of storm drains and sewers Daily janitorial services for offices, restrooms and scalehouse Scheduled building maintenance Maintenance of entrance and directional signs Proper pavement maintenance and striping of roadways Landscape maintenance Cleaning activities discussed below Loose Materials and Litter Cleanup: Station personal will pick up litter on a daily basis. The extent of litter pick up will be within the 9.3 acre site. Adjustments to the limits of the litter patrol may be adjusted based on actual experienced which arise after the facility is in operation. In addition, a tarping policy will be developed to inform all haulers of the requirements to bring only covered loads to the facility. Container Cleaning: Recyclable material collection bins and the rail tunnel will be cleaned as necessary to prevent the creation of nuisances and the attraction of vectors. At a minimum these will be cleaned on a weekly basis. Housekeeping: The Transfer Building will be cleaned daily by sweeping and periodic washing of the tipping floor. No residual waste material will be stored outside the building. Health and Safety Program Sanitary Facilities: The sanitary facilities consisting of one restroom are located in the Administration Building. Wastewater from the restrooms and wash-down water from inside the transfer building will be piped to the sanitary sewer line along North State Street. Wastewater from the rail tunnel and building floor drains will first be directed to an oil/water separator. Water Supply: Domestic water for eye washes, drinking and other sanitary purposed will be provided by the Millview Water District from the existing water main along North State Street. Fire suppression water will also be provided from this water main. Communications Facilities: Telephones will be located in the Administration Building, and the Transfer Building. The station manager will carry a pager when the station is not operating so he can be reached if an event takes place that needs immediate attention. Lighting: Operational lighting will be provided since the station will operate in times of darkness. Inside lighting will be provided in all buildings. Outside lighting will be provided for security and for on-site traffic circulation and parking areas. Fire Fighting Equipment: Fire hydrants will be provided for the facility. Fire extinguishers will be located in all buildings and operational equipment. The Transfer Building will be equipped L:~PROJECT~563\OPERS. OPA with an automatic sprinkler system. Protection of Users: The facility has been designed and will operate with the safety of the public and the facility personnel as a primary goal. The general manager will be assigned as safety coordinator. It will be his responsibility to establish a safety manual and safety training program to be in effect at all times during the facility's operation. The general manager is responsible for conducting regularly scheduled safety meetings and monitoring safety procedures in the facility. The Safety Manual and Safety Training Program established prior to operation will include, but not necessary be limited to, the following: First aid instruction for all personnel. Proper signage of safety hazards and safety bulletins. Adherence to OSHA standards and procedures. Thorough program for personnel on the types, identification procedures, and handling methods for all suspicious and/or unacceptable wastes delivered to the facility. Regularly scheduled safety meetings. A spotter will be located on the tipping floor during unloading operations· The spotter will assist the drivers of vehicles in backing into the unloading area and observe for general safety hazards and the unloading of any hazardous waste. Safety Equipment: The station operator will provide safety equipment, such as safety glasses, safety shoes, gloves, coveralls, hard hats, and hearing protection per state and federal safety agencies and the County Health Department. Emergency shower and eye stations are located at the Transfer Building. Transportation System to Potrero Hills Landfill Proposed Short-Haul Transport Plan: Enough containers on rail cars will be dedicated to this project such that there will be container/rail car sets continually available on the track at the transfer station to be loaded during transfer station operating hours. The transfer station will be designed for rail cars and containers to be pulled on track in a "tunnel" beneath openings in the tipping floor so that the residual waste can be pushed by loaders through those openings into the containers below. This will minimize any impact on sensitive receptors in the vicinity of the transfer station by confining virtually an noise and equipment operations to the inside of the building. No heavy equipment will needed to operate outside of the building envelope. Once all four containers on a rail car are loaded with waste, an electric motor car mover or trackmobile will push the loaded car out of the way, and push an empty car into position in the tunnel. The loading and rail car positioning process will continue throughout the day until all of that day's waste has been loaded from the tipping floor into containers. The tipping floor will then be cleaned and prepared for the next day's waste stream. L:~PROJECTX563\OPERS.OPA -5¢ - Each weekday the local ~ train will bring empty containers on rail cars to the transfer station track and will pull the loaded containers and rail cars from the facility for the trip to the landfill. The loaded rail cars will be placed out along the transfer station track adjacent to the NWP mainline, where the train will connect them with the California Northern at NWP's yard along Hwy 12 in Schellville. From there, the California Northern will carry the railcars approximately 20 miles from the interchange in Schellville to a container offioading track near the landfill in Solano County. At the offioading track, a heavy duty forklift or "piggy-packer" will take loaded containers off the flatcars and place them onto low-bed trucks for the 4-6 mile trip to the landfill. At the landfill, the truck trailer will drive onto an existing Columbia Tipper, the door will be opened and the contents of the container dumped into the working face of the landfill. The container will then be cleaned, inspected, and driven back to the offioading track for loading back onto the flatcars and the return trip to Ukiah. Any maintenance to the containers will be done at the landfill by trained personnel. Railhaul Route To The Potrero Hills Landfill: From the transfer station storage track, the loaded rail cars will be pulled by an NWP engine onto the adjacent mainline. The rail cars will then be pulled south along the mainline through Santa Rosa and southeast to Schellville for interchange with the California Northern Railroad. The total trip on the NWP is approximately 120 miles. From Schellville, the California Northern Railroad will pull the railcars, to the container offloading track nearby the landfill in Solano County. The trip on the California Northern Railroad will be approximately 20 miles. Contingency Route from the Transfer Station: As a secondary route, in the unlikely event of disruption in rail service, the facility utilize either the same 62-cubic yard, 20-foot long, 12-foot high containers transfer trailers. The containers would be loaded in the transfer station tunnel while on low-boy or drop-deck truck trailers. Containers would then be driven to the Potrero Hills Landfill where the contents would be environmentally disposed. The same trucks would then deliver the empty container back to the transfer station. A "standby pool" of tractor/trailer rigs or transfer trailers will be available and be sufficient to continue undisrupted service in the event they are needed to do so. Should rail service be unavailable for any reason, each truck/trailer combination will be able to make two trips to the landfill and two empty containers back from the landfill to the transfer station each day. With these procedures, each truck/trailer rig will be able to transport approximately 40 tons per day of municipal waste. Enough tractor/trailer rigs will be available, on contingency standby, to accommodate the maximum daily tonnage expected from the transfer station. Type and Number of Rolling Stock: Three or four 62-yard metal containers are proposed per rail car. These 12-foot high containers are manufactured by Accurate Corporation. Each container will be top-loaded and will have secure lids to provide a secure seal of waste inside. L:~PROIECTX563\OPERS.OPA Each 62-yard container has a tare weight of 4 tons and can hold a payload of 22 tons of municipal solid waste. Each rail car would hold a maximum of 88 tons of waste materials in the four container configuration. Based upon a 5-day round-trip time and average loading of 200 tons per day, an estimated 50 containers will be needed. Allowing for four containers per flatcar, approximately 13 flatcars will be required in the railcar pool. Alternatively, if the NWP is able to take the train from Ukiah to the end of the line in Schellville, and should for any reason the California Northern not be able to haul the railcars from Schellville to Suisun, containers can be readily lifted from the train onto truck trailers at the Schellville yard at Hwy 12 for the 20-mile shuttle along Hwy 12 into the landfill. Frequency & Length of Trips: At this time, it is estimated that loaded railcars will depart from the transfer station every weekday or five times per week. The estimated one-way-trip time from Ukiah to Potrero Hills Landfill for regularly scheduled freight service is one day. The total round-trip including travel to Solano County, unloading, container inspection and maintenance, travel back to Llkiah, loading at the transfer station, and pick up by the NWP is 5 days. L:XPROIECTX563\OPERS.OPA 10 EXHIBIT C This Agreement is made and entered into, as of the later of the dates of execution, by and between SOLID WASTES SYSTEMS, INC., ("SWS"), a California corporation, and POTRERO HILLS LANDFILL, INC., ("Po%rero ~ills"), a California corporation, who shall collectively be referred to as the "Parties.,, 1. Potrero Hills warrants and represents that it owns and operates the Potrero Hill~ Landfill ("Landfill.), a fully-permitted solid waste landfill in SUisun, California, and has't~tle therein sufficient ~o perform its obligations hereunder. 2. ~otrero Hills acknowledges that, pur&uant to a contract ("MSWMA contract"] with the Mendocino Solid Waste Management Authority ("MSWHA"), SWS will operate a solid waste transfer station at 3401 N. State Street, Ukiah, California ("Transfer Station"), serving a portion of Mendocino County, California,. and will provide for transportation of the solid waste to Landfill, and that this Agreement form~ an essential suDplement to the MSWMA Contract, a~d without t~is Agreement MS~ would not enter into the MSWMA Contract. ' 3. SWS will deliver all Acceptable Waste accepted at the Transfer Station pursuant to the MSWHA Contract to the Landfill. · SWS shall inspect waste delivered to the Transfer Station as required by Applicable law and the MSWMA Contract to exclude hazardous wastes. 4. Commencing with Trial Operations, start-ups and Acceptance Testing of the Transfer Station in accordance with the MSWMA Contract. Potrero Hills 'shall accept and dispose through landfilling all solid waste delivered by SWS at the Landfill in accordance with Applicable Law, the Landfill's permits and accepted industry practices. ' 5. Potrero Hills shall make available and reserve sufficient fully-permitted Landfill capacity to accommodate all Acceptable Waste generated in the Service Area of MSWMA for the entire term of this Agreement including an}, extensions that may be exercised by SWS at the direction of MSW~. 6. Landfill shall be open to receive deliveries of solid waste by SWS between the hours of 6:00 a.m. and 10:00 p.m. 7 days per week, 365 days per year. ' 7. Effective January 1, 1999, the total tipping fee charged by Potrero ]{ills to sw$ for receiving and disposing of solid waste shall be $2~.00 per ton. Beginning on July 1, 2000, and on each July i thereafter, the fee shall be increased or decreased by a percentage equal to 75% of the percentage change within the previous calendar year in the san Francisco-Oakland-San Jose Consumer Price Index, Ail Items Index, All Urban Consumers published by the U.S. Bureau of Labor Statistics. %00C\F'0059021 \1B9670 1 APR-- 9--9-F L-JE1] 1 1 : (D~.~. · 8. sws shall pay Potrero Hills within thirty (30) days of receiving an acceptable invoice from Potrero Hills for the preceding month. 9. The total tipping fee charged by Potrero Hills to SWS shall include ail taxes, license fees or host fees imposed by any government entity upon Landfill and a change in those fees shall not be cause for a change in the fee charged to Contractor, except that the imposition or increase in federal or sta~e taxes or fees which apply only to solid waste disposal facilities, above the level of such fees as of the date herein, shall be added to the tipping fee. 10. Potrero Hills shall provide and operate a tipper machine to empty SWS's transfer trailers or rail containers by elevating them so that solid waste falls by force of gravity through the ~ear opening in the transfer trailer. Potrero Hills shall ensure that the tipper is available to SWS and functioning during all hours that Landfill is open to receive SWS's deliveries. 11. Potrero Hills shall indemnify, hold harmless and defend SWS, MSWMA, County of Mendocino, City of Ukiah, City of Fort Bragg, and City of Willits, and their officers, agents and employees, from and against any and all losses, damages, costs, charges, expenses, suits, actions, claims, judgments, liabilities and attorney's fees directly or indirectly resulting from, arising out of, or related to pOtrero Hills' ownership, operation, remediation, closure or post-closure of Landfill, 'including, but not limited to, environmental impairment and any liabilities under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). This indemnity of SWS, MSWMA, County of Mendocino, City of Ukiah, City of Fort Bragg and City of Willits by Potrero Hills is intended to operate as an agreement pursuant to 42 U.S.C. Section 9607(c) and California Health and Safety Code Section 25364 to insure, protect, hold harmless and indemnify said indemnities from liability in accordance with this Section. Said indemnities do not hereby waive or surrender any other indemnity available to all or any of them under any Applicable Law. 12. Potrero Hills shall comply with all Applicable Law pertaining to operation and closure of Landfill and its Performance Obligations hereunder, including closure and post-closure financial assurance through maintenance of dedicated funds as required by Applicable Law. Potrero Mills shall continuously possess and comply with all permits required by Applicable Law for operation of Landfill. Potrero Hills shall provide to SWS, or to MSWMA0 evidence of compliance with all such permits laws and regulations promptly upon request. ' 13. In the event of termination of the MS~AZA Contract for any reason, this Agreement shall also terminate unless MSWMA, within thirty (30) days of receiving notice of such termination, gives notice to Potrero Hills of its intent to keep this Agreement in effect, in which case this Agreement shall remain in effect and \D0C\P0059021%159670 2 ~'PR .... D --9]' ~EB ~ I : 04 P- 04 MSWMA shall succeed to all the rights and assume all the obligations of SWS under this Agreement as of the date the MSWMA Contract terminates. 14. Potrero Hills shall notify. MSWMA immediately in writing of any payment delinquency, default or termination of this Agreement. ' 15. No amendment or waiver of the terms of this Agreement shall be made by either potrero Hills or SW$ without written consent of MSWMA, given at its sole discretion which consent shall not be unreasonably withheld. Potrero Hills hereby acknowledges and declares that MSWMA, County of Mendocino, City of Ukiah, City of Fort Bragg and city of Willits are and shall be third party beneficiaries of this Agreement, including, without limitation, indemnification hereunder, and may enforce their rights against Potrero Hills hereunder directly, as if parties hereto. 16. A fully-executed copy of this Agreement bearing original signatures shall be provided to MS~%~A. All communiCations to MSWMA shall be addressed to the address below, or such other address provided from time to time by MSWMA: General Manager MENDOCINO SOLID WASTE MANAGEMENT AUTHORITY 101 w. Church Street, $9 P. O. Box 123 Ukiah, CA 95482 Telephone: 707-468-9704 Facsimile: 707-468-3877 17. Time is Of the essence in this Agreement. Parties, failure to object to a breach of any provision is not and shall not be construed as a waiver of that provision. The payment or acceptance of compensation to any breach is not and shall not be deemed an acceptance of that breach. Any waiver must be in writing. 18. Ail terms not defined herein, including, without limitation, Acceptable Waste, Applicable Law, Direct Costs, Service Area, Yard waste, Wood Waste, recyclables and hazardous waste, whether or not capitalized, shall have the meanings defined in the MSWMA Contract.. 19. This Agreement shall not become effective until and unless all of the following occur within 120 days. of the execution of this Agreement: a. MSWMA executes the NSWMA Contract; b. MS~A member jurisdictions adopt covenants as required by the MS~.~ Contract concerning waste flow to the Transfer Station; and, \DOC \P0059021 \ 159670 C. MSWMA delivers written notice to SWS that Landfill shall be the designated disposal site under the MSW~ Contract. 20. The term of this Agreement shall be ten (10) years, beginning with the first delivery of waste to the Transfer Station in 1999. SWS may extend this Agreement for two successive terms of five (5) years each with the concurrenc~ of MSWV~. day of __ ~ California. -. .. - ....... , 1997, at SYSTEMS, INC FIRST ADDENDUM TO CONTRACT FOR TRANSFER STATION CONSTRUCTION AND OPERATION AND SOLID WASTE TRANSPORTATION AND DISPOSAL (Rail Haul~ This Addendum to the Contract for Transfer Station Construction and Operation and Solid Waste Transportation and Disposal is made and entered into, as of the later of the dates of execution, by and between the Mendocino Solid Waste Management Authority, a joint powers agency organized under the laws of the State of California ("MSWMA"), and Solid Wastes Systems, Inc., a California corporation ("Contractor,,). MSWMA and Contractor agree as follows: in Article 4, Section 4 01, "Components of Service Fee, is hereby amended to read in its entirety as follows: 4.01 Components of Service Fee. Contractor will collect the Service Fee from the public for use of the Transfer Station. Contractor will not be entitled to any other payments by MSWMA or the public for performance of the work described in this Contract, except as stated herein. The Service Fee shall be stated and charged in dollars per ton, except as noted herein. The total Service Fee for solid waste shall consist of the sum of the following components: constru, adl 4/22/97 a. Operatinq & Disposal Component, which shall be the sole compensation to Contractor for operation of the Transfer Station, transportation of Acceptable Waste to the Disposal Facility, and disposal at the Disposal Facility. The Operating & Disposal Component will initially be set at and remain at $ L/~.O~ until July 1, 2000. b. Construction Cost Component, which shall reimburse Contractor for the capital costs incurred in construction of the Transfer Station, pursuant to the terms of this Contract. The amount of the Construction Cost Component will be set pursuant to Section 4.06, "Construction Costs." c. MSWMA Surcharqe Component, which shall be set by the Board of Directors of the Mendocino Solid Waste Management Authority and shall be collected by Contractor and paid monthly to the MSWMA to fund certain solid waste services to the public. The existing level of the MSWMA Surcharge is $6 per ton and may be increased or decreased at the sole discretion of MSWMA. 2. Article 4, Section 4.03, "Adjustment for Low Tonnage" is hereby deleted. constru, adl 2 4/22/97 3. The following is added as a new Article 4, Section 4.14, "Adjustment for Additional Wastestream": 4.14 A4justment for Ad4itional Wastestream. If during the term of this Contract, solid waste originating from Humboldt County, California, is transported by railroad to an intermodel facility in or near Suisun, California, that is used pursuant to this Contract, and such solid waste is thereafter transported to and disposed of at the Landfill, then beginning on the July 1 next following and for as long as such solid waste continues to be so transported to and disposed of at the Landfill, the Operating and Disposal Component of the Service Fee shall be reduced. The amount of the reduction shall be One Dollar Thirty-eight Cents ($1.38) per ton; provided, however, that if, as of the July 1 that the reduction first becomes effective or as of any July 1 thereafter, the amount of solid waste from Humboldt County, California, that is reasonably expected to be so transported and disposed of at the Landfill during the next following twelve (12) months (based upon delivery contract and/or previous 12 months wasteflow or other reasonable measures) is less than Eighty-five Thousand (85,000) tons, then the reduction during that 12-month period shall be decreased to an amount equal to One Dollar Thirty-eight Cents ($1.38) multiplied by a fraction, the numerator of which is the number of tons of solid waste from Humboldt constru, adl 3 4/22/97 County, California, that are reasonably expected to be so transported and disposed of at the Landfill during that 12- month period and the denominator of which is Eighty-five Thousand (85,000). On July 1, 2000, and each July 1 thereafter, the reduction in the Operating and Disposal Component of the Service Fee under this Section 4.14 shall be subject to the same adjustment for changes in the Consumers Price Index set forth in Section 4.02. IN WITNESS WHEREOF, this Addendum was executed by the parties hereto as of the latter of the dates written below: MENDOCINO SOLID WASTE MANAGEMENT AUTHORITY by: Richard Shoemaker Chairman of the Board of Directors Date: , 1997 ATTEST: Date: , 1997 SOLID WASTES SYSTEMS, INC. , a California cor~p~qr/~tion President Date: ;'"'/'-~3 , 1997 constru, adl 4 4/22/97 SECOND ADDENDUM TO CONTRACT FOR TRANSFER STATION CONSTRUCTION AND OPERATION AND SOLID WASTE TRANSPORTATION AND DISPOSAL (Rail Haul) This Second Addendum to the Contract for Transfer Station Construction and Operation and Solid Waste Transportation and Disposal is made and entered into, as of the later of the dates of execution, by and between the Mendocino Solid Waste Management Authority ("MSWMA"), and Solid Wastes Systems, Inc. ("Contractor"). MSWMA and Contxactor agree as follows: Article 4, "Payments", is amended to add the following new Section 4.14: 4.14 Change in Landfill. In the event that (a) a reduction in the disposal tipping fee charged to Contractor by Landfill subcontractor is available at any time during the term of this Contract, or (b) MSWMA and Contractor mutually agree not to extend the term of the Landfill subcontractor beyond the initial ten years, because an acceptable less-costly alternative disposal site is available, or an alternative method of disposal is available, any savings realized by Contractor from reduced disposal tipping fee and/or transportation costs shall be deducted from the Operating & Disposal Component of the Service Fee. Agreement of Contractor to use of a less-costly disposal site shall not be'unreasonably withheld. IN WITNESS WHEREOF, this Addendum was executed by the parties hereto as of the latter of the dates written below: MENDOCINO SOLID WASTE MANAGEMENT AUTHORITY By: Richard Shoemaker, Chairman of the Board of Directors DATE: ATTEST: DATE: SOLID WA:STES/~S~~MS' INC. By: ~~1~-~ James Ratto, President DATE: ADDENDUM TO AG~MENT FOR LANDF.~L DISPOSAL SERVICES This Addendum is attached to and made part of the Agreement for Landfill Disposal Services (the "Agreement") between SOLID WASTES SYSTEMS, INC., a California corporation ("SW$"), and POTRERO HILLS LANDFILL, INC., a California corporation ("Potrero Hills"). 1. The following is added at the end of Paragraph 7 of the Agreement: · ',Notwithstanding the foregoing, if during the term of this Agreement, solid waste originating from Mumboldt County, California, is transported by railroad to an intermodal facility in or near the City of Suisun, . $olano County, california (hereinafter referred to as "Humboldt Waste"), that is used to handle a~% or substantially all of the solid waste which is delivered to the Landfill under this Agreement, and such Humboldt Waste is thereafter transported to and disposed of at the Landfill, then beginning on the July 1 next following and for as long as such Humboldt Waste and the solid waste to be delivered to the Landfill hereunder continue to be so ~ransported to and disposed of at the Landfill, the total tipping fee set for%h in this paragraph for the solid waste ~o be delivered to the Landfill hereunder from Mendocino County shall be reduced as hereafter provided. The amount of the reduction shall be One Dollar ($1.00) per ton from the ~iPq'-~7-1qq? ......1.~: 51 NIT~,~)ATF~- - DI~=,PdoA~_c l-~- price established pursuant ko Paragraph 7, above; provided, however, tha~ if as of the date the reduction first becomes effective or as of any July 1 thereafter, the amount of Humboldt waste that is reasonably exPected to be so transported and disposed of at the Landfill during the next following year (based upon delivery contract, previous year waste flow, or other reasonable measures) is less than 85,000 tons, then the reduction during that year shall be decreased to an amount equal to One Dollar ($1.00) multiplied by a fraction, the numerator of which is the number of tons of Humboldt Waste that are reasonably expected to be transported and disposed of at the Landfill during the year and the denominator of which is 85,000. On July 1, 2000, and each July 1 thereafter, the reduction in the total tipping fee based on the disposal of waste originating from Humboldt County shall be subject to the annual adjustment based on changes in the consumer price index as set forth above." 2. Paragraph 9 of the Agreement is amended to read in its entirety as follows: "The total tipping fee charged by Potrero Hills to SWS shall include all taxes, license fees, or host fees imposed by any governmental entity upon Landfill and. a change in those fees shall not be cause for a change in 13:50 NOVATO DISPOSAL 7~? the fee charged to sws, except that the imposition or increase in federal or state taxes or fees which apply only to solid waste disposal facilities from the level of such fees as of the date herein shall cause an equal increase in the tipping fee, and, if any fee imposed on solid waste by the California Integrated waste Management Board is divided so that the fee imposed on the Landfill is reduced with a commensurate increase in the fee imposed on the Transfer Station, then the tipping fee shall be decreased by the same amount that the fee on the Landfill is so decreased." In all other respects, the agreement is ratified, confirmed and approved. Executed this ~0 day of ~?1~ .... .~M~ ~O_~._ , California. , 1997, at SOLID WASTES SYSTEMS, INC., a California corporation POTRERO HELLS LANDFILL, INC., '~1A{-13-1997 1~:27 ~'4OJATO DISPOSAL 70? 765 91~3 P.01 FIRgT ~%DDSNDUM TO itGREEHENT FOR DIIIPOII~., IIBRVICEB II~-~IIIEN IIOLID W~STElt SYIiITF~S, ~ POTRERO ~LLtl I,~DF~LL~ INC. This First Amendment to the Agreement for LandfAll Disposal Services is made and entered into as of the later of the dates of execution, by and between Solid Wastes Systems, Inc. ("SWS"), a California corporation, and Potrero Hills Landfill, Inc. ("POTRERO HILLS"), a California corporation. Sws and POTRERO HILLS agree as follows: Paragraph 7 of the Agreement is amended to read as follows: "7. Effective January 1, 1999, the total tipping fee charged by POTRERO HILLS to SWS for receiving and disposing of solid waste shall be $21.00. Beginning on July 1, 2000, and on each July 1 thereafter, the fee shall be increased or decreased by a percentage equal tc 75% of the percentage change within the previous calendar year in the San Francisco - Oakland - San Jose Consumer Price Index, All Items Index, All Urban Consumers, published by the U.S. Bureau of Labor Statistics. If at any time during the term of this Agreement POTRERO HILLS accepts solid waste from any other entity, excluding affiiiated companies Solano Garbage Company, Richmond Sanitary Service, and West County Resource Recovery, Inc., at a tipping fee lower than the tipping fee charged to SWS hereunder, net of POTRERO HILLS' cost of pick up, transportation, and delivery of waste from the rail road container off loading site to POTRERO HILLS, the SWS tipping fee shall be reduced so that it equals th~ lower tipping fee." IN WITNESS WHEREOF, this Addendum was executed by the parties hereto. POT~RO }{ILLS LkND C. SOLID WASTES SYSTEMS, INC. ~DOC~pO0590~ 1~ 1,~0~ 10 TOTAL P. 01 NORTH COAST RAILROAD AUTHORITY NORTHWESTERN PACIFIC RAILROAD May 7, 1997 Mr. Mike Sweeney General Manager Mendocino Solid Waste Management Authority 102 W. Church St. Ukiah, CA 95482 RE: RAIL RATES FOR THE MSWMA SOLID WASTE TRANSFER STATION PROJECT Dear Mike: ! Congratulations on MSWMA's decision to utilize the NWP railroad to transport containers loaded with municipal solid waste from the planned transfer station on North State Street in Ukiah. We understand that last week the MSWMA Board selected Solid Wastes Systems of Ukiah and their rail subcontractor, Waste Solutions Group, to transport containerized garbage to the Potrero Hills Landfill in Solano County. This letter is to inform you that the NWP will commit that the rail rate offered by the NWP to Waste Solutions Group on the long-term contract for rail services of municipal wastes from the North State Street transfer station is the lowest rate offered to anyone for similar services. Should the NWP reduce its rate in the future for similar service along the same route from Ukiah, that rate reduction will be passed on to Waste Solutions Group and, in turn, to MSWMA. Thus, MSWMA and its' member jurisdictions can rest assured that they will be getting the most competitive rate available. The NWP sincerely looks fonNard to a truly fruitful ongoing relationship with MSWMA. Your decision to commit to use rail as the means of transportation will help guarantee the long-term viability and health of the NWP. Please contact me with any questions you may have or if I can be of assistance in any way. Sincerely, Dan Hauser Executive Director Northwestern Pacific Railroad 4 West 2nd Street, Eureka, CA 95501 Phone: (707) 444-8055 Fax: (707) 441-1324 Mendocino Solid Waste Management Authority P.O. Box 123 Ukiah, CA 95482 May 5, 1997 Sheridan Malone, Mayor City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Dear Sheridan, On May 1, the MendOcino Solid Waste Management Authority Board of Directors voted to authorize a transfer station contract with Solid Wastes Systems, Inc. This contract will meet tile City of Ukiah's preference for rail haul of solid waste. In all respects, the contract will provide a high-quality system for fi~ture export of solid waste. The transportation method, facility design, and landfill destination are all elements that Mendocino County will be proud of. The disposal cost incurred by Ukiah will decline t?om $57.00 to $52.01 per ton for hauler collections, and $11.90 to $8.58 per cubic yard for self-haulers, and remain at a low level in real dollars due to a limit on annual increase equal to only 757o of the consumer price index change. Like many high-quality projects, this one involves a higher level of capital investment by the private operator compared to certain alternatives. To justify the investment and the risks incurred by the operator in commiting toga fixed tipping fee, there must be a reasonable assurance of waste flow to the transfer station.' Without this assurance, tile contract as it is presently written cannot go into effect. particular, the choice of rail haul could not be sustained. In The form of the attached covenant was was developed by MSWMA in consultation with County Counsel Peter Klein and it is derived from the contract language regarding assurance of flow. The consideration by the City Council of this covenant would be welcome. I will be available if requested, along with MSWMA ~nanager Mike Sweeney, to discuss this matter with you and the Council. Thanks for your consideration. Si n..cqre, ly, t , Richard Shoemaker Chairman of'the Board of Directors Mendocino Solid Waste Management Authority enclosure COVENANT BY THE CITY COUNCIL OF THE CITY OF UKIAH REGARDING USE OF SOLID WASTE TRANSFER STATION WHEREAS, the closure of existing landfills necessitates that solid waste from the County of Mendocino be exported to a remote landfill for disposal; and . WHEREAS, the Mendocino Solid Waste Management Authority, a joint powers authority formed by the County of Mendocino, City of Ukiah, City of Fort Bragg, and City of Willits, has issued a competitive Request for Proposals and conducted extensive negotiations to obtain the lowest qualified price for solid waste export; and WHEREAS, the Mendocino Solid Waste Management Authority has agreed to enter into an agree~nent for solid waste export entitled, "Contract between the Mendocino Solid Waste Management Authority and Solid Wastes Systems, Inc. for Transfer Station Construction and Operation and Solid Waste Transportation and Disposal;" and WHEREAS, the terms and conditions of aforesaid Contract offer a substantial benefit to all residents of the City of Ukiah; and - WHEREAS, it is a condition of the aforesaid Contract that the low cost of disposal provided for in the Contract is predicated upon the agreement of the local government jurisidictions to take such measures as are available to these entities to direct the solid waste collected inside their respective jurisdictions to the Transfer Station. identified in the Contract; so IN CONSIDERATION OF THE FOREGOING, the City Council of the City of Ukiah covenants that: (1) During the term of aforesaid Contract, in consideration of its terms and conditions, the City of Ukiah will utilize and enforce existing and future contractual agreements with franchised or permitted solid waste haulers to direct all solid waste collected within its boundaries to the transfer station identified in the Contract, including cooperating if grounds exist with the Contractor in instituting actions for injunctive relief in the Superior Court and/or Federal District Court, upon request of Contractor with Contractor reimburse~nent of City's costs thereof; Page I of 2 (2) The City of Ukiah will not, during the term of aforesaid Contract, participate as owner or operator of any competing large-volume transfer stations or transfer systems for out-of-county export of solid waste, nor will the City of Ukiah issue requests for proposals for such competing facilities or systems; and This Covenant is conditioned and limited by (1) the terms of City's existing garbage franchise contract, and (2) the fact that future federal or state judicial or legislative actions may affect the ability of the City of Ukiah to direct solid waste flow, and therefore no warranty is made as to the st/ccess of City's efforts to enforce contractual provisions in directing solid waste flow. This Covenant is effective and binding upon the City of Ukiah only if the aforesaid Contract goes into effect. Approved on the~ day of vote: , 1997, by the following roll call AYES: NOES: ABSENT: Mayor Attest: Date: Page 2 of 2 Mendocino Solid Waste Management Authority A Joint Powers Public Agency Michael E. Sweeney General Manager P.O. Box 123 Ukiah, CA 95482 Telephone (707) 468-9710 Fax [707] 468-3877 May 6, 1997 Candace Horsley City Manager City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Dear Candace: At the time when the City Council takes up consideration of the covenant regarding waste flow to the transfer station, could the matter of the closure date for the landfill also be considered? You will recall that Solid Wastes Systems seeks an assurance that the landfill will definitely close on March 1, 1999. The only exception would be the failure of SWS to complete the transfer station and have it accepted by MSWMA by that date. ,... regards, ike Sweeney ITEM NO. 9e DATE: May 21, 1997 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION OF PENDING FEDERAL AVIATION ADMINISTRATION FLIGHT SERVICE STATION CLOSURE AND AUTHORIZATION FOR MAYOR TO SIGN LETTER TO FRANK RIGGS IN SUPPORT OF MAINTAINING FAA SERVICE AT UKIAH AIRPORT Since 1948, the Federal Government has operated a Flight Service Station (FSS) at the Ukiah Airport. The FSS has served the aviation and general public by providing weather reports and forecasts, opening and closing flight plans, giving aircraft traffic advisories, and providing emergency assistance to local government agencies during search and rescue operations, as well as natural disasters. In 1980, Congress directed the Federal Aviation Administration to begin a consolidation of the nearly 400 existing FSS facilities into a group of 61 automated FSS's. The Ukiah FSS area was designated to be added to the Oakland Automated Facility. All FSS information will be generated at the Oakland facility and sent via radio or telephone to the pilot requesting Ukiah area weather information. All traffic advisories and related FSS services will be discontinued on June 6, 1997. This discontinuation of airport traffic advisories will reduce the level of flight safety to aircraft operating in the Ukiah area. (Continued on Page 2) RECOMMENDED ACTION: After discussion, Council authorize Mayor to sign letter of support to Congressman Riggs for his efforts to continue operation of the Ukiah Flight Service Station. ALTERNATIVE COUNCIL POLICY OPTIONS' 1. Determine additional methods for handling this matter are appropriate in addition to sending letter of support. Acct. No. (if NOT budgeted): N/A Acct. No.: Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: The aviation community and Airport staff Prepared by: Candace Horsley, City Manager Attachments: 1. H.A. 1454 2. Resolution No. 92-51 3. Draft letter of support to Congressman Riggs APPROVED~ ~~ Candace horsley, City I~anager 4/Can. ASR. CCInt Congressman Frank Riggs has introduced H.R. 1454 to the House of Representatives that would protect certain types of FSS's. The Ukiah FSS would qualify as one of those to be protected. The aviation community and Mendocino County local citizens will all feel the effect of the FSS closure. A current community effort to keep the Ukiah FAA station open has resulted in local hearings on the matter and letters of support being sent to Congressman Riggs. In 1992, the City Council adopted Resolution No. 92-51 Supporting Continued Operation of the Federal Aviation Administration Flight Service Station at the Ukiah Municipal Airport. The general aviation community and Airport staff is asking the Ukiah City Council to again show support and authorize the Mayor to sign a letter to Congressman Riggs showing support of his efforts to continue operation of the Ukiah FSS. May-16-97 10:00 UKIAH REGIONAL AIRPORT 707 467-2853 P.03 VERSION As Introduced m the House 105th CONGRESS 1 ~t Session B" ' H. IL. !454 TITLE To prohibit the Ad~st~tor of the F~e~l A~ation Administration from closing ce~ain flight se~ice station~ ,N T~-m HOUSE OF REPRESENTATIVES ~.RIL 24, 1997 Mr, Riggs introduced the following bill; which was referred to the Committee on Transportation and Infrastructure TEXT A BILL To prohibit the Administrator of the Federal Aviation Administration from closing certain flight service stations. Be it enacted by the Senate and Rouse of Representatives of the United Sta~es of America in Congress a~semhled, SECTION 1. SHORT TITI.E. This Act may 0e cited ~.s the 'Community Flight Safety Act of 1997'. SEC. 2, PROHTRITION ON CLOSING OF CERTAIN FI.IGHT SERVICE STATIONS~ Notwithstanding any other provision of'law, the Administrator of the Federal Aviation Administration may no~ clo~e 8ny flight service station that - (1) is located in the contiguous United States and within 50 miles from the Atlantic or Pacific Ocean, the Gulf of Mexico, or one of the Ca'eat Lakes; (2) on an aversge of 180 or more dsys in a calendar year, as determined by the Administrator, provides services to aircraft operatins under imtrument flight rules; or (3) meets the requirements of both paragraphs (1) and 1 2 3 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 RESOLUTION NO. 92-51 RESOLUTION SUPPORTING CONTINUED OPERATION OF THE FEDERAL AVIATION ADMINISTRATION FLIGHT SERVICE STATION AT UKIAH MUNICIPAL AIRPORT WHEREAS, a flight Service Station was established at the Ukiah Municipal Airport in 1948; and WHEREAS, the Flight Service Station has provided general aviation aircraft in this area of California with information and advisories for weather, hazardous weather, flight precautions, flight planning, notices to airmen and airport closures; and WHEREAS, the expertise and knowledge of the specialists at the Flight Service Station prove necessary information relative to the unique weather in Ukiah and surrounding areas; and WHEREAS, the services provided by the Flight Service Station have been a major factor for the continued efficient and safe operations of aircraft on and around the Ukiah Municipal Airport. THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah hereby supports the continued operation of the Flight Service Station at existing service levels, by the /// /// /// /// /// ill Federal Aviation Administration at the Ukiah Municipal . Airport.. :. PASSED AND May / , ATTEST: /? ]] Cathy ~Kay // 19~ ,: 9.5 ADOPTED this 6th day , 1992, by the following roll call vote. of AYES: Councilmembers McMichael, Schneiter and Mayor Henderson NOES: None ~SENT: Councilmembers Wattenb/m~r, and Shoema~ ~STAIN- None~ C~leen B. Henderson Mayor 300 SEMIN,~RYAVE., UKIAH, CA 95482-5400 · ADMIN. 707/463-6200 · PUBLIC SAFETY 463-6242/6274 · FAX # 707/463-6204 · May 22, 1997 Honorable Congressman Frank Riggs 1714 Longworth Building (HOB) Washington, D.C., 20515 Dear Congressman Riggs, The Ukiah City Council strongly supports your efforts to keep the Ukiah Flight Service Station (FSS) open. The City of Ukiah has long championed the continued operation of the Ukiah FSS, including adoption of a resolution in 1992 and attempts to generate local funds to assist its retention. Aviation safety is the most important factor in maintaining the FSS operations. The weather conditions at Ukiah are often unique, and the geography surrounding the airport requires weather observations by a specialist in case of an emergency. The large number of private aircraft activities at the airport and the fact that Ukiah is an important air attack facility for the California Department of Forestry emphasize the necessity for on site personnel and not a remote radio relay to Oakland. The Ukiah CitY Council urges approval of your current proposal H.R. 1454. Thank you for your efforts on behalf our community to insure continued aviation safety. Sincerely, Sheridan Malone Mayor, City of Ukiah mfh:letters 0522RIGGS '~Ve Are Here To Serve"