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HomeMy WebLinkAbout1997-02-19 Packet (2)MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING - February 5, 1997 The Ukiah City Council convened in regular session, the agenda for which was legally noticed and posted, at 6:30 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were PRESENT: Councilmembers Chavez, Ashiku, Kelly and Mayor Malone. Councilmember Mastin arrived at 6:33 p.m. ABSENT: None. Staff Present: Customer Service Supervisor Archibald, Public Utilities Director Barnes, Community Services Director DeKnoblough, Finance Director Elton, Recording Secretary Giuntoli, Assistant City Manager Harris, City Manager Horsley, Public Works Director Kennedy, Public Works Supervisor Looney, City Attorney Rapport, Planning Director Sawyer, Deputy Director of Public Works Seanor, Senior Planner Stump, and Senior Civil Engineer Woods and City Clerk Henderson. 2. Pledge of Alleqiance CounCilmember Ashiku led the Pledge of Allegiance. City Manager Horsley announced that Public Hearing item 8a, Adoption of Resolution Establishing Capital Improvement Fees to be Imposed on Development Within the Airport Industrial Park (continued from January 15, 1997), would be continued to the Regular Meeting of the Ukiah City Council of February 19, 1997. 3. Special Order of Business 3a. Presentation by Jeff Davis. General Manager of REMIF Jeffrey J. Davis, General Manager of the Redwood Empire Municipal Insurance Fund (REMIF) addressed the Council, giving Councilmembers an overview of the operations of the City's self-insurance program. He explained to Council that REMIF was established as a Joint Powers Authority (JPA) to pool the resources of member cities to handle claims, insurance, risk management, safety oversight and risk transference needs in an economical and cost effective manner. Mr. Davis spoke to the history of the organization since its inception in 1976 as well as the to evolution of REMIF's changing needs in the intervening two decades. Mr. Davis outlined the services provided by REMIF to member cities, the association of REMIF with the California Joint Powers Risk Management Authority (CJPRIVIA) for excess liability coverage, and to the various levels of coverage the City of Ukiah enjoys through REMIF, CJPRMA and commercial reinsurance carriers. In conclusion, Mr. Davis emphasized that the City of Ukiah is very well protected with insurance coverage and is the regular recipient of REMIF premium refunds, which are profits returned to member cities. In response to questioning, Mr. Davis replied that REMIF is not currently looking at cafeteria-type coverage for employees; that type of coverage is presently cost prohibitive. 3b. Presentation by Mike Sweeney, General Manager of Mendocino Solid Wast( Management Authority_ {MSWMA) Mike Sweeney, General Manager of the Mendocino Solid Waste Management Authority (MSWMA) made a presentation to the Council regarding the status of current proposals for handling the Mendocino County waste stream once the Ukiah Landfill site is permanently closed. Seven proposals for disposition of the waste have been put forth by competing companies. Mr. Sweeney provided the Council with written summaries of and a cost comparison table for the seven 'Transfer Station Proposals." Mr. Sweeney further stated cost was not the only consideration MSWMA would entertain when choosing a transfer hauler. MSW1VIA was interested in choosing a hauler who would provide reliable, clean service, who was financially stable and who would deliver the waste Regular Meeting - February 5, 1997 Page I to a landfill which has high standards of operation. Mr. Sweeney addressed the Council's concerns about siting problems for a transfer station in Mendocino County and assured the Council that the current feasibility study regarding siting being prepared by Mendocino County was being done at no cost to the City of Ukiah. 4. A~_ _oroval of Minutes 4a. Special Meetinp - January_ 15. 1997 M/S Ashiku/Kelly to approve the minutes of the Special Meeting of January 15, 1997 was carried by the following roll call vote: AYES: Councilmembers Ashiku, Kelly, Mastin and Mayor Malone. NOES: None. ABSTAIN: Councilmember Chavez. ABSENT: None. 4b. Repular Adioumed Meetinq - January_ 15. 1997 MIS Ashiku/Mastin to approve the minutes of the Regular Adjourned Meeting of January 15, 1997 was carried by the following roll call vote: AYES: Councilmembers Ashiku, Kelly, Mastin and Mayor Malone. NOES: None. ABSTAIN: Councilmember Chavez. ABSENT: None. 4c. Regular Meeting. January_ 15. 1997 MIS Ashiku/Mastin to approve the Minutes of the Regular Meeting of January 15, 1997 was carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 4d. Regular Ad_ioumed Meetinq. January_ 16. 1997 MIS Ashiku/Kelly to approve the Minutes of the Regular Adjourned Meeting of January 16, 1997 with the following addition regarding the Brown Act: 'No violation to the Brown Act would occur in the instance of 'car-pooling,' in which three or more Councilmembers travel together to a certain destination. In such an instance, the conversation must remain purely of a social nature." The motion was carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 5. RIGHT TO APPEAL DECISION Mayor Malone explained the appeal process. 6. CONSENT CALENDAR MIS MastinlAshiku to approve the Consent Calendar as follows: a. Denied the Claim for Damages Received from David Rowe, and Referred It to the City Insurance Carrier, REMIF; b. Adopted Ordinance No. 986 Amending the City Zoning Map for the City of Ukiah, California; c. Adopted Ordinance No. 987 Amending Section 430 of the Ukiah City Code to Authorize the City Engineer to Appoint a Designee to Serve in His or Her Absence; d. Received and Filed 1996 Annual Recycling Report from Solid Waste Systems, Inc.; e. Adopted Resolution No. 97-49 Designating Agent for Filing Financial Assistance Application for December, 1996 Flood Disaster; Regular Meeting - February 5, 1997 Page 2 g, Adopted Resolution No. 97-50 Approving Qualified Contractors List for 1997 Calendar Year; Approved of Budget Amendment for a Community Development Block Grant (CDBG) Planning and Technical Assistance Grant on Behalf of Ukiah Community Center; Awarded Bid to Kemwater for Ferric Chloride Product, in the Estimated Amount of $40,500; Awarded Bid to All Pure Chemical Company for Liquid Chlorine, in the Estimated Amount of $30,140; and Awarded Bid to West Star Distributing for the Lease Purchase of Toro Model 6500 D Fairway Mower in the Amount of $39,342.76. The motion was carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Mayor Malone explained the procedure for audience comments. address the Council at this time. No one wished to , UNFINISHED BUSINESS. Consideration of Report of Traffic Findings Relative to the Temporary Traffic Barricade on Marlene Street at Orchard AYenue and Adoption of Resolutioi- Establishing Marlene Street as One Way Eastbound Public Works Director Kennedy presented this item to the Council. Mr. Kennedy reviewed the history of the traffic congestion and traffic flow problems in the Lorraine, Betty, Marlene Streets area since the opening of Wal Mart in the Redwood Business Park. Traffic diversion and calming techniques were addressed as were City surveys on traffic volume and various measures meant to mitigate the excessive traffic. Mr. Kennedy recommended making Marlene Street between Lorraine Street and South Orchard Avenue a one-way street for eastbound traffic by signage and removal of one-half of the present barricade. Mr. Kennedy also reviewed several pieces of written communication from the public which had been received by the City regarding this traffic situation. Mayor Malone asked for audience comments on this matter. A number of residents of this neighborhood shared their thoughts on the traffic congestion of the area. Some residents favored the barricade to remain as is, others would like to see the barricade removed and some preferred the proposal to make Marlene Street one-way eastbound. Public Works Director Kennedy explained City staff has reviewed many options to facilitate the traffic flow, felt the present proposal to make Marlene Street one-way eastbound was favored by much of the neighborhood, and indicated the issue was before the Council again so that the preference of the neighborhood might be determined. Residents, City staff and Council reviewed and queried many possible solutions to the traffic flow through this area. Signalization possibilities for crossing Talmage Road and for the Gobbi Street and Waugh Lane intersection were also discussed. MIS Mastin/Kelly to replace the temporary barricade at Marlene Street and Orchard Avenue with a permanent barricade. Discussion followed as to how this would close off other options and overload the Waugh Lane and Gobbi Street intersection. After further discussion, Councilmember Kelly withdrew the second to the motion. Regular Meeting - February 5, 1997 Page 3 MS Ashiku/Chavez to adopt staff"s recommendation to remove the barricade at Marlene Street and Orchard Avenue in order to make Marlene Street one-way between Lorraine Street and South Orchard Avenue for a three-month trial period. The motion was carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku and Kelly. NOES: Councilmember Mastin and Mayor Malone. ABSTAIN: None. ABSENT: None. MIS Ashiku/Chavez to adopt Resolution No. 97-51 Establishing Marlene Street as a One-Way Street Eastbound Between Lorraine Street and Orchard Avenue for a three-month trial period. The motion was carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku and Kelly. NOES: Councilmembers Mastin and Mayor Malone. ABSTAIN: None. ABSENT: None. RECESS: 8:54 p.m. RECONVENE: 9:00 p.m. PUBLIC HEARING*~ Ado_~tion of Resolution Establishing CaDital ImDrovement Fees to be Imoose~l on Develo_oment Within the Airoort Industrial Park fcontinued from January 15 1997) As per City Manager Horsley's announcement at the beginning of the meeting, this item was continued to the Regular Meeting of February 19, 1997. 8b. I~troduction of Ordinance Amendinc~ the City_ Zoning MaD to Rezone 34 Lot,, in the Miscellaneous Area No. 1 Re~oning Area Senior Planner Stump outlined this item for the Council. This proposed rezoning was prepared in order to make the City's zoning consistent with the updated General Plan. The rezoning area is generally bounded by Clara Avenue on the north, Observatory Avenue on the south, Pine Street on the west, and Orchard Avenue on the east. The General Plan assigned medium and high density residential as well as some commercial land use designations to parcels in this area. These designations have been assigned to reflect existing development and to facilitate the logical evolution of inappropriate land uses. Mr. Stump outlined each of the five rezoning groups: C-2 to R-2 (consisting of 7 parcels along the south side of Clara Avenue between the Northwestern Pacific (NWP) railroad tracks and Hamilton Street), R-3 to C-N (consisting of 13 lots, 7 lots in subgroup #1 situated along the east side of Pine Street between Perkins Street and Stephenson Street and 6 lots in subgroup #2 situated along the east side of Oak Street between Mill Street and Seminary Avenue), R-1 to C-N (consisting of 5 parcels situated along the west side of Oak Street between Mill Street and Seminary Avenue), C-1 to R-3 (consisting of 7 parcels, 2 lots in subgroup #1 located along the eastern side of Leslie Street south of Peach Street and 5 parcels in subgroup #2 fronting along both Observatory Avenue and Luce Avenue), and C-1 to R-2 (consisting of 22 parcels, 3 lots in subgroup #1 situated along the east side of Oak Street north of Freitas Avenue and 19 parcels in subgroup #2 situated along privately owned Cherry Court. Mayor Malone opened the Public Hearing at 9:10 p.m. Jim Morris, property owner on Cherry Court, addressed the Council regarding his concerns for the rezoning of the Cherry Court area. He believed such rezoning would down zone his property. Tara Willis, Director of the Ukiah Senior Center, addressed the Senior Center's Board of Directors' concerns for changing the zoning on the parcel which the Center occupies on Leslie Street. The Center's Board prefers the zoning to remain C-1. She also relayed the similar concerns of Mr. and Mrs. Sanchez, owner of the parcel on Leslie Street adjacent to the Senior Center, regarding their property. Regular Meeting - February 5, 1997 Page 4 Burgess Williams, 591 Watson Road, Ukiah, property owner in the Clara and Hamilton Streets area, outlined the historical development of this particular area and urged the Council not to rezone this area at this time. Mr. Williams stated neighboring commercial development had negatively impacted this residential area. The Public Hearing was closed at 9:37 p.m. Councilmembers had questions of staff regarding rezonin9 in various areas, especially in the Cherry Court area. Staff addressed the Council's questions and particularly compared the Cherry Court rezonin9 to the rezonin9 of the Dora Street area in order to recognize the coexistence of residential and commercial development. MIS AshikulKelly to approve the rezoning as proposed for the C-2 to R-2 group, consisting of 7 parcels along the south side of Clara Avenue between the NWP railroad tracks and Hamilton Street. The motion carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. MIS Malone/Kelly to approve the rezoning as proposed for the R-3 to C-N, subgroup #1 area consisting of 7 lots situated along the east side of Pine Street between Perkins Street and Stephenson Street. The motion was carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin and Mayor Malone. NOES: None. ABSTAIN: None. NOES: None. MIS Mastin/Ashiku to approve the rezoning as proposed for the R-3 to C-N, subgroup #2 lot on which the Ukiah Daily Journal is located, no action to be taken on the other five lots. The motion w as carried by the following roll call vote: Councilmembers Chavez, Ashiku, Kelly, Mastin and Mayor Malone: NOES: None. ABSTAIN: None. ABSENT: None. MIS Mastin/Malone to retain the R-1 zoning in the R-1 to C-N group, consisting of 5 parcels situated along the west side of Oak Street between Mill Street and Seminary Avenue. The motion was carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. MIS MastinlAshiku to retain the C-1 zoning in the C-1 to R-3, subgroup #1 area, consisting of 2 parcels located along the eastern side of Leslie Street south of Peach Street. The motion was carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. MIS Malone/Masfin to approve the rezoning as proposed for the C-1 to R-3, subgroup #2 area only on the 2 parcels on Observatory Avenue and to reconsider the parcels on Luce Avenue for a C-N designation at a later time. The motion was carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. No action was taken on the C-1 to R-2, subgroup #1 area, consisting of 3 parcels situated along the east side of Oak Street just north of Freitas Avenue. These parcels are not to be included in this rezoning ordinance. MIS Mastin/Ashiku to retain the C-1 zoning of the C-1 to R-2, subgroup #2 area, consisting of 19 parcels situated along Cherry Court, these parcels to be reconsidered in the future for C-N zoning. The motion was carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. Regular Meeting - February 5, 1997 Page 5 M/S KellylAshiku to introduce by title only the Ordinance of the City Council of the City of Ukiah Amending the Official Zoning Map for the City of Ukiah, California as outlined above. The motion was carried by a voice vote of all AYE of the Councilmembers present. City Clerk Henderson read the Ordinance of the City Council of the City of Ukiah Amending the Official Zoning Map for the City of Ukiah, California, said Ordinance making the rezoning as outlined above. MIS AshikulMastin to introduce the Ordinance of the City Council of the City of Ukiah Amending the City Zoning Map for the City of Ukiah, California as previously outlined herein. The motion was carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 8c. AdoDtion of Resolution Modifying Resolution 95-8 Regarding Fees. Charges and Policy Changes at the Ukiah MuniciDal Solid Waste Site, Public Works Director Kennedy emphasized to Council the importance of making these three modifications to Resolution No. 95-8 regarding fees, charges, and policy changes at the Ukiah Municipal Solid Waste Facility and particularly highlighted the importance of provision number 3 which would change the charge rate for loose refuse from a determination by weight to a determination by volume. The Public Hearing on this item was opened at 10:06 p.m. No one came forward. The Public Hearing was closed at 10:07 p.m. MIS Mastin/Kelly to approve Resolution No. 97-52 Modifying Resolution 95-8 Regarding Fees, Charges, and Policy Changes at the Ukiah Municipal Solid Waste Facility was carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. RECESS: 10:07 p.m. RECONVENED: 10:12 p.m. 10. NEW BUSINESS 10a. A_~Droval of Schedule for Fiscal Year 1997-98 Budget Council reviewed and approved by consensus the Schedule for the Fiscal Year 1997-98 Budget. lOb. 10c. 1Od. 10®. Authorize ImDlementation of Budget Billing for Utility_ C~j.~tomem Authorize Implementation of Electronic Funds Transfer for Utili~ and Miscellaneous Customer~ Authorize Pilot Program to Offer Credit Card Payment for Utility_ and Miscellaneous Customers AdoDtion of Resolution AD_Droving Program Regarding Use of Electric Service Items 10b, 10c, 10d and 10e were reviewed as one item. MIS Masfin/Malone to authorize implementation of budget billing for utility customers, to authorize implementation of electronic funds transfer for all customers with recurring monthly bills, to authorize a pilot program to offer credit card payment for utility and miscellaneous customers, and to adopt Resolution No. 97-53 Approving Use of Service Limiter Adapters for Electric Meters. The motion carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. Regular Meeting - February 5, 1997 Page 6 10f. Set Date for Planning Topic and Process Orientation Council set the date and time of February 19, 1997 at 5:00 p.m. for the Planning Topic and Process Orientation Session. 10g. Adoption of Foyer Display Policie_~ City Attorney Rapport explained to the Council the content and selection of displays in the Civic Center Foyer must comply with Constitutional requirements. These guidelines proposed are meant to help the City avoid the situation the County of Mendocino recently faced regarding censorship by removal of artwork in the foyer of the County Administration Building. Appeals to the proposed policy would be to a trained professional not to the Council. MIS Kelly/Mastin to adopt Resolution No. 97.54 Adopting Display Policies for the Civic Center was carded by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 10h. Report on City_ Councilmembers' Reguest to Lower City_ Councilmembers' Salaries on a Temporary_ Bas|,~ City Manager Horsley explained if Councilmembers chose to have their individual salary lowered by 10 percent for a three-month period to reflect the recently imposed employees' furlough program, they may do so by individual contract with the City. It was the consensus of Council to proceed accordingly. 13. 13a. CLOSED SESSION G.C. Section 54957.6 - Confer with City of Ukiah Labor Ne(~otiator, City Manager (~andace Horsley, Regarding City of Ukiah Employee BarcjaininE Unit i. Fire The Council went into closed session at 10:33 p.m. to discuss item 10i, Consideration and Adoption of Resolution Approving Memorandum of Understanding for Employees Bargaining Units, Fire. The Council reconvened in open session at 10:38 p.m. 10i. Consideration and Adoption of Resolution Approving Memorandum of Understanding for Employees Bargaining Unit," MIS Mastin/Malone to Adopt Resolution No. 97-55 Adopting the Memorandum of Understanding Between the City of Ukiah and Fire Unit was 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 on the Mendocino Wellness Grant. Councilmember Ashiku reported he had attended a Northern California Power Agency (NCPA) meeting. He felt there were major changes coming by virtue of the association of NCPA and Enron and felt the possibility of Ukiah becoming a purveyor of natural gas was worth pursuing. He also noted the Electric Director from the City of Healdsburg is initiating a meeting between the staffs of Healdsburg and Ukiah to determine the feasibility of cost reductions to the two electric departments by means of sharing of personnel, equipment and the like. Regular Meeting - February 5, 1997 Page 7 Councilmember Kelly reported she will be taking Councilmember Mastin's place as Ukiah's representative to the Economic Development & Financing Corporation (EDFC) in April, she attended her first Mendocino Council of Governments meeting, the committee to establish a skateboard park in Ukiah is proceeding well as is the group of citizens interested in development of the Arts and Recreation Center. She also stated she would like a new format for the City's financial reports and would like to see the Council agenda published in the Ukiah Daily Journal. Councilmember Mastin praised City staff and Mayor Malone for the success of the recent League of California Cities meeting held in Ukiah. He attended an EDFC meeting; the group is very pleased with the consultants it has hired. Mayor Malone reported on the Local Agency Formation Commission (LAFCO) meeting, agreed that the League of California Cities meeting went well, and noted he attended the Ukiah Chamber of Commerce retreat on the Mendocino Coast. Councilmember Ashiku asked for an update of the design review standards for the Redwood Business Park. 12. CITY MANAGER/DEPARTMENT HEAD REPORTS City Manager Horsley noted Mike McDonald of NCPA will address the Council at its March 5, 1997 Regular Meeting. The City of Ukiah General Plan is now being reviewed by the County of Mendocino. The Redwood Empire Municipal Insurance Fund (REMIF) Board of Directors has approved skateboard facility liability coverage when parks are supervised and with a $25,000 deductible per city. 14. ADJOURNMENT MIS Mastin Malone to adjourn the meeting was carried by a voice vote of all AYE of the members present. The meeting was adjourned at 11:05 p.m. Colleen B. Henderson, City Clerk Regular Meeting - February 5, 1997 Page 8 ITEM NO. 5A DATE February 19, 1997 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF JANUARY 1997 Payments made during the month of January 1997, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedules of Bills, representing the five (5) individual payment cycles within the month. Accounts Payable check numbers: 93964-94145, 94287-94435, 94589-94669, 77434-77435 Payroll check numbers: 93767-93907, 94146-94286, 94436-94588 Direct Deposit numbers: 694-846 Void check numbers: 93908-93963 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 January 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: (~~ Canda--'~ce Horsley~' City ~anager AGENDA.WPD/krs CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF JANUARY 1997 Demand Payments approved: Check No. 93964-94145, 94287-94435, 94589-94669, 77434-77435 FUNDS: 100 General Fund 9106,267.10 660 120 Capital Improvement 661 141 Museum Grants 663 142 National Science Foundation 94,300.00 665 150 Civic Center Fund 9547.82 670 200 Asset Seizure Fund 911,154.21 675 201 Asset Seizure (Drug/Alcohol) 91,000.00 678 220 Parking Dist. Rev. Fund 9848.16 679 260 Downtown Business Improv. 91,192.37 693 301 Gas Tax Fund (2107) 91,662.38 695 303 2105 Gas Tax Fund 91,688.00 696 310 Special Aviation Fund 920,152.19 697 332 Federal Emergency Grant 98,617.64 698 334 EDBG 94-333 Revolving Loan 800 405 Youth Services Ukiah 805 410 Conference Center Fund 919,402.95 820 550 Lake Mendocino Bond 91,530.00 900 555 Lake Mendocino Bond Reserve 910 575 Garage 9494.47 920 600 Airport 925,821.98 940 610 Sewer Service Fund 950 611 Sewer Construction Fund 960 612 City/District Sewer 934,938.62 962 618 Flood Damages 965 652 REDIP Sewer Enterprise Fund 966 Sanit. Disp. Site Sanitary Disposal Replace Countywide JPA Refuse/Debris Control U.S.W. Billing & Collections Contracted Dispatch Services Public Safety Dispatch MESA (Mendo Emerg Srv Assoc 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 Redev. Capitol Imprv. Fund Redevelopment Debt Svc. PAYROLL CHECK NUMBERS 93767-93907 DIRECT DEPOSIT NUMBERS 694-745 PAYROLL PERIOD 12/15/96-12/28/96 PAYROLL CHECK NUMBERS 94146-94285 DIRECT DEPOSIT NUMBERS 746-796 PAYROLL PERIOD 12/29/96-1/11/97 PAYROLL CHECK NUMBERS 94286, 94436-94588 DIRECT DEPOSIT NUMBERS 797-846 PAYROLL PERIOD 1/12/97-1/25/97 TOTAL DEMAND PAYMENTS TOTAL PAYROLL DED. CHECKS TOTAL PAYROLL CHECKS TOTAL DIRECT DEPOSIT TOTAL PAYMENTS 923,103.08 91,668.42 9395.09 9124,845.53 93,299.69 $562.26 96,038.75 96,090.42 $9,285.96 $617,833.49 99,142.48 937,600.82 $21,700.55 9209,728.00 9616.12 936,895.46 $ 2,409.14 $25,350.80 $1,500.53 $1,377,684.48 ~70,543.44 9355,735.16 $171,018.73 81,974,981.81 VOID CHECK NUMBERS 93908-93963 CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on City Clerk APPROVAL OF CITY MANAGER I have examined this Register and approve same. CERTIFICATION OF DIRECTOR OF FINANCE I have audited this Register and approve for accuracy and available funds. 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SlOl Z ~ auozaJ ol dem §u~uoz X1!O aql I~u!pua~e aoueu!pJo eql aonpoJ~u! o~ 0-g pa~OA I!ounoo /~1!O eq~ 'Z66~ 'g ~enJqa_-I uo :A~lVI~I~I'IS ¥3~¥ ~)NINOZ3~I ~ 'ON ¥3~1¥ SFIO3N¥-1'13OSII/~ 3HI NI SIO-I Z~ 3NOZ3~I Ol d¥1/~ 9NINOZ AIIO 3H1 9NIQN31AI¥ 3ONYNIQ~IO :lO NOIldOQ¥ :,o rens /~lOd=lbl xuv~ns VQN:I~DV Z66 ~ '6 ~ /~enJqa_-I qc3 'ON IAI311 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING THE OFFICIAL ZONING MAP FOR THE CITY OF UKIAH, CALIFORNIA The City Council of the City of Ukiah does hereby ordain as follows: SECTION ONE Pursuant to the procedures set forth in Section 9009 of the Ukiah City Code, the Official Zoning Map for the City of Ukiah is amended to change the zoning on 17 parcels in the Miscellaneous Area No. 1 rezoning area of the community as identified in the General Plan Rezoning Program. Specifically, the City Zoning Map is amended to rezone 7 parcels from "C-2" (Highway Commercial and Restricted Industrial) to "R-2" (Multiple Family Residential); 8 parcels from "R-3" (General Multiple Residential) to "C_-..N"., and 2 parcels from "C-1" to "R-3." The listing of the specific parcels involved in this rezoning action, along with detailed rezoning information is attached as Exhibit "A." SECTION TVVO This ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. SECTION THREE This rezoning action and amendment to the Official Zoning Map of the City of Ukiah is necessary to bring the zoning for the subject properties listed in Exhibit "A" into conformance with the new General Plan adopted on December 6, 1995. SECTION FOUR This ordinance shall become effective thirty (30) days after adoption. Introduced by title only on February 5, 1997, by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone NOES: None ABSENT: None ABSTAIN: None 1 Passed and adopted on , by the following role call vote' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AYES: NOES: ABSENT: ABSTAIN: ATTEST: Colleen Henderson, City Clerk Sheridan Malone, Mayor 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT "A" Miscellaneous Area No. 1 Rezoning Project (96-52) Assessor's Current General Plan New Parcel No. Zoning Designation Zoning 2-126-3 2-126-4 C-2 MDR R-2 2-126-5 2-137-1 2-137-3 C-2 MDR R-2 2-137-21 2-137-22 2-219-1 2-219-3 R-3 C C-N 2-219-4 2-256-1 2-256-2 2-256-4 R-3 C C-N 2-256-8 2-271-16 R-3 C C-N 3-074-11 3-074-12 C-1 HDR R-3 EXHIBIT "A" - Page 1 of 2 ITEM NO. 5c DATE: FEBRUARY 19, 1997 AGENDA SUMMARY REPORT SUBJECT: ADOPT RESOLUTION CONFIRMING EXISTING SPEED ZONES ON VARIOUS STREETS SUMMARY Submitted for the City Council's consideration is a resolution which if adopted, confirms the existing speed zones on the indicated sections of streets as being reasonable and safe and justified by an Engineering and Traffic Survey. To allow the use of radar for the enforcement of these speed zones and the presentation of evidence in a Court of law which was obtained from the use of radar, the speed limit must be justified by an Engineering and Traffic Survey conducted within five years prior to the date of the alleged violation. The speed zones for the sections of streets indicated on the resolution were last confirmed in 1987 (Resolution No. 88-7, adopted August 5, 1987). CONTINUED ON PAGE 2 RECOMMENDED ACTION: Adopt the Resolution Confirming Existing Speed Zones on Various Streets. ALTERNATIVE COUNCIL POLICY OPTIONS: Not adopt the recommendation presented in the Engineering Survey and Traffic Investigative Report. Appropriation Requested: Citizen Advised: Requested by:~(C~Rick Prepared by: Coordinated with: Attachments: N/A H. Kennedy, Director of Public Works/City Engineer Rick H. Kennedy, Director of Public Works/City Engineer Candace Horsley, City Manager 1. Resolution 2. Speed Zone Summary Table 3. Engineering Survey Report for a) Dora Street - Gobbi Street to south City Limits b) Observatory - Helen to Dora c) Observatory - Dora to State d) State Street - north City limit to Norton 4. Copies of Traffic Manual pertaining to Engineering and Traffic Survey. R:l\PW:k.k Candace H[rsley, City Manager ASPEED.SUR Adopt Resolution Confirming Existing Speed Zones on Various Streets February 19, 1997 Page 2 Attached to this Staff Report is a Speed Zone Summary Table which summarizes the information gathered in the traffic surveys and included in the Engineering reports. Staff has included copies of the Report for four sections of streets where the existing and recommended speed is more than 5 MPH below the 85th percentile speed. It is the opinion of the City Engineer, that there are roadside conditions which warrant a speed more than 5 MPH below the 85 percentile speed and which are not readily apparent to the driver. A complete set of the Reports are on file in the City Engineer's office. The four road sections are: . 2. 3. 4. Dora Street from Gobbi Street to south City limits. Observatory Avenue from Helen Avenue to Dora Street. Observatory Avenue from Dora Street to State Street. State Street from North City limits to Norton. Observatory Avenue has been classified as a local street and Dora Street and State Street have been classified as minor arterials on the Federal Highway Functional Usage System Maps. The recommended speed limit changes for the three sections of Gobbi Street as shown on the Speed Zone Summary Table will be presented to the City Council for consideration at a latter date. The change will be submitted in the form of an ordinance. BACKGROUND Various Code Sections contained in the California Vehicle Code (CVC) Permit "local authorities" to establish speed limits upon any street other than a State Highway within its jurisdiction or change prima facia speed limits set forth in Section 22352 of the CVC ifjustified by an Engineering and Traffic Survey. The speed limits must be established by ordinance. To prohibit the establishment of unreasonable speed zones and the use of radar or other electronic devices for measuring the speed of vehicles within speed zones, provisions prohibiting "speed traps" have been included in the CVC. A "speed trap" is defined as either of the following, (CVC 40802(a) and (b)): o "A particular section of a highway measured as to distance and with boundaries marked, designated, or otherwise determined in order that a speed of a vehicle may be calculated by securing the time it takes the vehicle to travel the known distance." Adopt Resolution Confirming Existing Speed Zones on Various Streets February 19, 1997 Page 3 o "A particular section of a highway with a prima facia speed limit provided by the CVC or by local ordinance, which speed limit is not justified by an Engineering and Traffic Survey conducted within five years prior to the date of the alleged violation and where enforcement involves the use of radar or other electronic devices which measures the speed of moving objects." The s~ond definition above does not apply to local streets and roads which are defined as follows: ao Local streets and roads defined on the latest functional usage and federal aid system maps as submitted to the Federal Highway Administration. b. When these maps have not been submitted, the following definition shall be used: A local street or road primarily provides access to abutting residential property and shall meet the following three conditions: 1. Roadway width of not more than 40 feet. . Not more than one-half mile of uninterrupted length. Interruptions shall include official traffic control devices. 3. Not more than one traffic lane in each direction. The CVC defines an "engineering and traffic survey" as a survey of highway and traffic conditions in accordance with methods determined by the Department of Transportation for use by the State and local authorities. An engineering and traffic study shall include, among other requirements deemed necessary by the Department, consideration of all of the following: o Prevailing speeds as determined by traffic engineering measurements. Accident records. Highway, traffic and roadside conditions not readily apparent to the driver. Attached is a copy of the applicable portions of the State Traffic Manual pertaining to the requirements and items to be considered in an engineering and traffic survey as determined by the Department of Transportation. The Department has determined that speed limits should be established preferably at or near the 85 percentile speed, which is defined as that speed at or below which 85 percent of the traffic is moving. It is rationalized that a majority of the drivers comply with the basic speed limit which states that no person shall drive at a speed greater than is reasonable or prudent. They also disregard regulations which they consider unreasonable. Adopt Resolution Confirming Existing Speed Zones on Various Streets February 19, 1997 Page 4 The guidelines acknowledge that at times speed limits below the 85 percentile are warranted when roadside development results in traffic conflicts and unusual conditions which are not readily apparent to the drivers. Copies of the Engineering Survey and Traffic Investigation Report for each of the road sections listed in the attached resolution are on file in the City Engineer's office. Included in this Staff Report are copies of the reports for four sections of roadways where the existing and recommended speed zone is more than 5 MPH lower than the 85th percentile speed measured. Those conditions which in the opinion of the City Engineer warrant a speed limit more than 5 MPH lower than the 85th percentile speed are indicated in the report just prior to the conclusion section. The four road sections and their Federal Highway Functional classification are as follows: · Dora Street between Gobbi Street and south City Limit - minor arterial. · Observatory Avenue - between Helen Avenue and Dora - local street. · Observatory Avenue - between Dora Street and State Street - local street. · State Street between north City limit and Norton - Minor arterial. There are three roadway sections indicated on the Speed Zone Summary Table which are not included in the confirming resolution and they are: 1. Gobbi Street between State Street and Railroad - minor arterial. 2. Gobbi Street between Railroad and Leslie Street - minor arterial. . Gobbi Street between Leslie and Oak Manor Drive - minor arterial to Highway 101 - local road between 101 and Oak Manor. These sections have been omitted because of Staff's recommendation that the existing speed limits be reduced by 5 MPH based on the 85 percentile speed measured. As recommended in the Department of Transportation's procedures, "the speed limit normally should be established at the first five mile per hour increment below the 85 percentile speed." The proposed speed zone changes will be presented to City Council at a latter date in the form of an ordinance pursuant to the provisions of the CVC. R:IXPW ASPEED.SUR RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH CONFIRMING EXISTING SPEED ZONES ON VARIOUS STREETS WHEREAS, the Ukiah City Council, consistent with the California Vehicle Code Section 40802, has reviewed the Engineering Survey and Traffic Investigation Report, and has determined that the speed limits which have been established for the indicated street sections are confirmed as reasonable and safe and have been justified by an engineering and traffic survey; NOW THEREFORE, BE IT RESOLVED that the existing speed limits on the streets described herein shall remain in effect: STREET: Observatory Ave. Observatory Ave. Bush St.(N) Dora St.(S) Dora St.(N&S) Gobbi St.(W) Grove Ave. Helen Ave. Leslie St. Perkins St.(E) State St.(N) State St.(S) Washington Ave. Perkins St.(E) State St.(S) 25 MILES PER HOUR BETWEEN: Dora St. and State St. Helen Ave. and Dora St. 30 MILES PER HOUR No. City Limit and Low Gap Rd. Gobbi St. and So. City Limit Grove St. and Gobbi St. Dora St. and State St. Live Oak Ave. and Pine St. Doolin Canyon and Mendocino Dr. Perkins St. and Gobbi St. State St. and Hwy. 101 No. City Limit and Norton St. Gobbi St. and Talmage Rd. Helen Ave. and State St. 35 MILES PER HOUR Hwy. 101 and Oak Manor Dr. Talmage Rd. and Beacon Ln. PASSED AND ADOPTED this AYES: NOES: ABSENT: day of ,1997, by the following roll call vote: MAYOR ATTEST: CITY CLERK CiTY OF UKIAH, ENGINEERING DIVISION SPEED ZONING ENGINEERING SURVEY AND TRAFFIC INVESTIGATION 5/95 STREET: DORA STREET (S) - W. GOBBI ST. TO SOUTH CITY LIMIT DATA 1. Classification of terrain: Flat 2. Roadside development: R,B 3. Surface type: asphalt 4. Road width: 56' 5. Surface condition: good 6. Shoulder or parking width: 8' 7. Sight distance: good 8. Average daily traffic volume: 5736 9. Reported no. of accidents (36 months): 15 10. Existing Speed Limit (mph) 30 11. 85th percentile speed: 36 MPH 12. Pace range: 27-37 MPH CONDITIONS WHICH WARRANT A SPEED LIMIT LESS THAN THE 85th PERCENTILE SPEED: Because of intense land uses and the numerous amount of driveways fronting Dora Street, it is appropriate that a speed of not more than 30 mph be established for this portion of Dora Street. Land uses include neighborhood commercial, public and private elementary schools, churches, medical offices, senior housing, convalescent homes, and a hospital. CONCLUSION: On the basis of an engineering survey and traffic investigation, as reported above, and in accordance with the provisions of the California Code Sections 22357, 22358, and 40802, the reasonable speed of the street described above has been established. RECOMMENDATION: It is hereby recommended that the Ukiah City Council determine and declare the speed limit to be 30 miles per hour. A95-03.XLS SPEED SURVEY NUMBER OF VEHICLES PERCENT CUMULATIVE S I0 IS ?0 M.P.H., ~ OF TOTAL PERCENTAGE ,o II , ,, II ~ ' - II .. _ ,1 ~ ? /.~ ,, II l ,, Il _ ,, Il - :: Il :: Il ~ :, Il ~ :, Il .... II ,, Il Il ] 6 i I NOTES: 15 PCT. OVER M.P.H. :: Ii ,i :: II ii i Wl~lte - CR FILE CanarYmnk · OTI-IF_R' SPEED ZONE FIL. E TOTAL NUMBER OF VEHICLES ENGINEERING SURVEY AND TRAFFIC INVESTIGATION REPORT 12/6/95 CUMULATIVE SPEED CURVE DORA ST. (S) - GOBBI ST. TO SOUTH CITY LIMIT 100 90 80 70 60 50 40 30 20 10 0 SPEED RANGE (MPH) ...... 36 MPH 8$TH PERCENTILE SPEED CURVE 10 MPH PACE REPORT NO.:A95-03.XLS CITY OF UKIAH, ENGINEERING DIVISION SPEED ZONING ENGINEERING SURVEY AND TRAFFIC INVESTIGATION 5/95 STREET: OBSERVATORY AVE. - HELEN AVE. TO S. DORA ST. DATA 1. Classification of terrain: Flat 2. Roadside development: R,B 3. Surface type: asphalt 4. Road width: 44' 5. Surface condition: good 6. Shoulder or parking width: 8' 7. Sight distance: good 8. Average daily traffic volume: 1,377 9. Repoded no. of accidents (36 months): 0 10. Existing Speed Limit (mph) 25 11. 85th percentile speed: 34.2 MPH 12. Pace range: 20-30 MPH CONDITIONS WHICH WARRANT A SPEED LIMIT LESS THAN THE 85th PERCENTILE SPEED: Observatory Avenue from Helen Avenue to State Street is classified as a local street pursuant to the provisions of Section 40802 (d) of the CVC. Because of the residential land use of properties fronting this portion of Observatory Avenue, Jt is appropriate that a speed limit of 25 mph be established. CONCLUSION: On the basis of an engineering survey and traffic investigation, as reported above, and in accordance with the provisions of the California Code Sections 22357, 22358, and 40802, the reasonable speed of the street described above has been established. RECOMMEND.~,TION: It is hereby recommended that the Ukiah City Council determine and declare the speed limit to be 25 miles per hour. City Engineer A95-11.XLS .OAD -o.1~-':2. SPEED SURVEY i NUMBER OF VEHICLES M.P.H. $ l0 15 ~0 PEFiCENT CUMULATIVE I l, OF TOTAL PERCENTAGE ,= !1 II '" ' _., I! ,o I! !1 . _- I! I! _,, *11 I! , · ~ !! Ii . ·.. I! I! , _,, !! II - ~,, II Ii -. -'= !1 II ' ' ;,~ 11. II -'~ !1 I I 'o ,1_1 II . ' ~ - .I~! '11 ' - -- ',~, x ~ I ! I1 _ ~' ~ II i I ~ ~-' ,o~xx~li II ,, ~ ~ - ,,II II .,.II !1 ,,II ,,ii I1 ,,II II ' ,,Ii II ,,!1 i i ~ ,~ II Ii " ' tNIIlll - Cl:l FILE ..../~ ~ Canlry - SPEED ZONE FILE TOTAL NUMBER OF VEHICLES ENGINEERING SURVEY AND TRAFFIC INVESTIGATION REPORT 12/7/95 CUMULATIVE SPEED CURVE OBSERVATORY AVE. - HELEN TO DORA 100 90 80 70 60 5O 40 30 20 10 0 SPEED RANGE (MPH) ...... 84.2 MPH 85TH PERCENTILE SPEED CURVE ' 10 MPH PACE REPORT NO.:A95-11.XLS CITY OF UKIAH, ENGINEERING DIVISION SPEED ZONING ENGINEERING SURVEY AND TRAFFIC INVESTIGATION 5/95 STREET: OBSERVATORY AVE. - S. DORA ST. TO S. STATE ST. DATA 1. Classification of terrain: Flat 2. Roadside development: R,B,C 3. Surface type: asphalt 4. Road width: 38' 5. Surface condition: good 6. Shoulder or parking width: 8' 7. Sight distance: good 8. Average daily traffic volume: 3,363 9. Reported no. of accidents (36 months): 18 10. Existing Speed Limit (mph} 25 11. 85th percentile speed: 33.8 MPH 12. Pace range: 24-34 MPH CONDITIONS WHICH WARRANT A SPEED LIMIT LESS THAN THE 85th PERCENTILE SPEED: Observatory Avenue from Helen Avenue to State Street is classified as a local street pursuant to the provisions of Section 40802 (d) of the CVC. Because of the residential and business land uses of properties fronting this portion of Observatory Avenue, it is appropriate that a speed limit of 25 mph be established. CONCLUSION: On the basis of an engineering survey and traffic investigation, as reported above, and in accordance with the provisions of the California Code Sections 22357, 22358, and 40802, the reasonable speed of the street described above has been established. RECOMMENDATION: It is hereby recommended that the Ukiah City Council determine and declare the speed limit to be 25 miles per hour. R~ck H. Kennedy City Engineer A95-12.XLS ROAD ~o./~-( SPEED SURVEY ~,' c tZ. ev_: ~7~..c. DATE ~-~ ~--?F NUMBER OF VEHICLES M.P.H. S lO IS ?0 PERCENT CUMULATIVE ,, ~ OF TOTAL PERCENTAGE I , . ,, I! ~ - II -. -" II ~ ' -:'. ''; ~, II ~ ~.. '"~ _ I I ~ ~_.. '- !. " ~ I I ~ ~ ' ' -. ~" ~~:~~- J I ~ ,,~ - ,' ~~ ~~ I I - ~ ~ ,, I ! ~ I ' ,, il " il L ~* J J ~c*. or,, *.~... ~ ~J J " II ', II ,, II Canary - SPEED ZONE FILE TOTAL NUMBER OF VEHICLES I~lnk · OTHER · ENGINEERING SURVEY AND TRAFFIC INVESTIGATION REPORT 12/7/95 CUMULATIVE SPEED CURVE OBSERVATORY AVE. - DORA ST. TO STATE ST. 100 9o 8O 7o 60 50 40 3O 2O 10 0 SPEED RANGE (MPH) ...... 33.8 MPH 85TH PERCENTILE --.e---SPEED CURVE ~ 10 MPH PACE REPORT NO.:A95-12.XLS CITY OF UKIAH, ENGINEERING DIVISION SPEED ZONING ENGINEERING SURVEY AND TRAFFIC INVESTIGATION 5/95 STREET: STATE ST. (N) - NORTH CITY LIMIT TO NORTON ST. DATA 1. Classification of terrain: Flat 2. Roadside development: B,C 3. Surface type: asphalt 4. Road width: 64' 5. Surface condition: good 6. Shoulder or parking width: 8 7. Sight distance: good 8. Average daily traffic volume: 19,487 9. Reported no. of accidents (36 months): 65 10. Existing Speed Limit (mph) 30 11. 85th percentile speed: 35.6 MPH 12. Pace range: 29-39 MPH CONDITIONS WHICH WARRANT A SPEED LIMIT LESS THAN THE 85th PERCENTILE SPEED: Because of intense land uses and the numerous amount of driveways fronting this portion of State Street, it is appropriate that a speed of not more than 30 mph be established for State Street from Norton Street to the North City Limit. State Street is former route 101, has four lanes of travel (two each didrection) and has been classified as a Minor Urban Arterial Street in the Federal Highway System. Numerous left turns from the inside lane("fast lane") for each direction are made to access abutting commercial properties. CONCLUSION: On the basis of an engineering survey and traffic investigation, as reported above, and in accordance with the provisions of the California Code Sections 22357, 22358, and 40802, the reasonable speed of the street described above has been established. RECOMMENDATION: It is hereby recommended that the Ukiah City Council determine and declare the speed limit to be $0 miles per hour. A95-15.XLS NUMBER OF VEHICLE~ M~.H S ]0 IS ~0 PERCENT CUMULATIVE OF TOTAL PERCENTAGE 50 49 ~ i /~ 46 ' " ~ ~.. ~ o ~-. - , . 18 16 ~1 NOTES: ]5 -- PCT. OVER · M.P.H. ]4 ]2 ,, '~" ' ,, i White- CR FILE __~~/ C4nlry - SPEED ZONE FILE TOTAL NUMBER OF VEHICLES /O(~) Iqnk · DTHER ~_ 0~' ~ ENGINEERING SURVEY AND TRAFFIC INVESTIGATION 12/7/95 100 CUMULATIVE SPEED CURVE STATE ST. (N) - NORTH CITY LIMIT TO NORTON 90 80 70 ~: 60 ~ 50 ~ 40 ...... 35.6 MPH 8$TH PERCENTILE SPEED CURVE 10 MPH PACE 20 10 0 SPEED RANGE (MPH) A95-15.XLS Traffic Manual TRAFFIC REGULATIONS 8-5 12-1988 Figure 8-1B SPEED ZONE SURVEY SHEET * 1.00~rl~ '~ ,3.50~ STATE OF CALIFORNIA J // / ~ SOLID BUSINESS ~SOLID RESIDENTIAL[[SCATTERED RESIDENTIAL ~,AR,.N, ~ e 2~ ~H Si~ In~tall mA~,C // ~7 ~jj~" 4.2 ,_ SPEED ZONE SURVEY // / - ,,, 1 " City Hail ~.~ ~ ENO ~0 UP. Sign' R3 , NONE FIXEO ~ J ~ 6500 29-39 20-30 23-33 23'33 ~s-as LEGEND ROAD OIONe R 1 ~ ..................... 30 Mm ....................... ~ :::::"PHREGULATORY A WA"NI"O ........................................ , ......................... :::1:::::1:::1: '~1:1::~ :::::::::::::::::::::::::::::::::::: ~]~;~ ::~{~ {~{~}} {:}~::::f ~:::::~:: ~:~:: I ::::::::::::::: ::::::: ::::::::::::::::::::::::::::::::::: .... ::::::::::::::::::::::::::::::: :::::45 C.,T,C~L ~i~;i~;~ ~;;~ ~i;~;;~;~;;;~;i~;~;;~;;~;~ ~[~ ::::::::::::::::::::::::::::::: ;::;: ' .................................... .............. , ..................... ,,,.., ,,,,,, ,,,,.,,.,.,,,,.,,., =,,,. .................. ~::::: ................................... iiiii{ i}iiii iiiiiiiiiiiiiiiiiii iiii LOWER LIMIT OF PACE :: 11 PUBLIC BUILDINGS, AUDITORIUMS. :: :1 2~ PUBLIC PARKa, 8CHOOLB. ~ GREEN-EXISTING ZONE8 ~ 3.~ Ic~VM --~ I Se I 2 3 4 5 6 7 8 9 60 I 2 3 4 6 6 7 8 9 70 1 2 3 4 5 Form D~T 8.2 Rev. 1-74 The District's requests for 60 or 65 mile per hour speed limits must include the exact description of the limits of the zone with ties to easily identifiable fea- tures such as structures or stream crossings. The District Director of each transportation dis- trict is authorized to issue orders regulating the speed of traffic on State highways as described in a, b, d and e. 7. Speed Trap- Section 40802(b) provides that prima facie speed limits established under Sections 22352 (b) (1), 22354, 22357, 22358 and 22358.3 may not be enforced by radar unless the speed limit has been justified by an engineering and traffic survey within the last five years. An "Engineering and Traffic Survey" is required where enforcement involves the use of radar or other electronic speed measuring devices, under CVC 40802 (b). Local streets and roads, as defined in the second paragraph of CVC 40802(b), primarily serving abutting residential property, are exempt from this requirement until January 1, 1993. This ex- emption is subject to deletion or extension. B. Engineering and TraFFic Surveys Section 627 of the Vehicle Code defines the term "Engineering and Traffic Survey" and lists require- ments therefor. Following are two methods of con- ducting engineering and traffic surveys to be used to establish or justify prima facie speed limits. These methods are presented as required by the Vehicle Code. 1. Statb Highways- The engineering and traffic survey for State highways is made under the direc- tion of the District Traffic Engineer. The data shall include: a. One copy of the Standard Speed Zone Survey Sheet (See Figures 8-lA and 8-lB) showing: · A north arrow. · Engineer's station or post mileage. · Limits of the.proposed zones. · Appropriate notations showing type of road- side development, such as "scattered busi- ness'', "solid residential", etc. Schools adja- cent to the highway should be shown, but other buildings need not be plotted .unless Traffic Manual TRAFFIC REGULATIONS 8-7 12-1988 t they are a factor in the speed recommenda- tion or the point of termination of a speed zone. · Accident rates for the zones involved. · Average daily traffic volume. · Location of traffic signals, signs and markings. · If the highway is divided, the limits of zones for each direction of travel. · Plotted 85 percentile and pace speeds at loca- tion taken showing speed profile. b. A report to the District Director shall: · State the reason for the initiation of speed zone survey. · Give recommendations and reasons therefor. · List the enforcement jurisdictions involved and the attitude of these officials. · Give the stationing or mileage at the begin- ning and at the end of each proposed zone and any intermediate equations. Ties must be given to readily identifiable physical features. In determining the speed limit which is most ap- propriate to facilitate the orderly movement of traf- fic and is reasonable and safe, important factors are prevailing speeds, unexpected conditions, and acci- dent records. Speed limits should be established preferably at or near the 85 percentile speed, which is defined as that speed at or below which 85 percent of the traffic is moving. The 85 percentile is often referred to as criti- cal speed. Pace speed is defined as the 10-mile incre- ment of speed containing the largest number of vehi- cles (See Figure 8-2). The lower limit of the pace is plotted on the Speed Zone Survey Sheets as an aid in determining the proper zone limits. Speed limits higher than the 85 percentile are not generally con- sidered reasonable and safe and limits below the 85 percentile do not facilitate the orderly movement of traffic. Speed limits established on this basis conform to the consensus of those who drive highways as to what speed is reasonable and safe, and are not de- pendent on the judgement of one or a few individu- als. The basic speed law states that no person shall drive at a speed greater than is reasonable or pru- dent. The majority of drivers comply with this law, and disregard regulations which they consider un- reasonable. It is only the top fringe of drivers that are inclined to be reckless and unreliable, or who have faulty judgement and must be controlled by enforce- ment. Speed limits set at or slightly below the 85 percentile speed provide law enforcement officers with a means of controlling the drivers who will not conform to what the ~najority considers reasonable and prudent. Only when roadside development results in traffic conflicts and unusual conditions which are not readi- ly apparent to drivers, are speed limits somewhat below the 85 percentile warranted. Concurrence and support of enforcement officials are necessary for the successful operation of a re- stricted speed zone. Section 22358.5 of the Vehicle Code states that it is the intent of the Legislature that physical conditions such as width, curvature, grade and surface condi- tions, or any other condition readily apparent to the driver, in the absence of other factors, would not require special downward speed zoning. Speed zones of less than half a mile and short tran- sition zones should be avoided. 2. City and County Through Highways, Arterials, Collector Roads and Local Streets. a. Introduction o This is a short method of. speed zoning based on the premise that a reasonable speed limit is one that conforms to the actual behavior of the majority of motorists, and that by measuring motorists' speeds, one will be able to select a speed limit that is both reasonable and effective. Other factors that need to be con- sidered are the most recent two year accident record, roadway design speed, safe stopping sight distance, superelevation, shoulder condi- tions, profile conditions, intersection spacing and offsets, commercial driveway characteris- tics, pedestrian traffic in the roadway without sidewalks, etc. In most situations, the short form will be adequate, but the procedure used on State highways may be used at the option of the agency. b. Determination of Existing Speed Limits - These speeds will either be verified, increased or de- creased depending on the results of the investi- gation. Figures 8-3 and 8-4 show samples of data sheets which may be used to record speed ob- servations. Specific types of vehicles may be tal- lied by use of letter symbols in appropriate squares. The speed limit normally should be estab- lished at the first five mile per hour increment below the 85 percentile speed. However, in matching existing conditions with the traffic safety needs of the community, engineering judgement may indicate the need for a further reduction of five miles per hour. The factors justifying such a further reduction are the same factors mentioned above. Whenever such fac- tors are considered to establish the speed limit, they should be documented on the speed zone survey or the accompanying engineering re- port. The Engineering and Traffic Survey should contain sufficient information to document that the conditions of CVC Section 627 have been 8-10 12-1988 TRAFFIC REGULATIONS Traffic Manual complied with and that other conditions not readily apparent to a motorist are properly iden- tiffed. The establishment of a speed limit of more than 5 miles per hour below the 85 percentile (critical) speed should be done with great care as this may make violators of a disproportionate number of the reasonable majority of drivers. c. Speed Zone Survey- . The intent of the speed measurements are to determine the actual speed of the unimpeded traffic. The speed of traffic should not be al- tered by concentrated law enforcement, or other means, just prior to, or while taking the speed measurements. · Only one person is required for the field work. Speeds can be read directly from a ra- dar meter. · Devices, other than radar, capable of accu- rately distinguishing and measuring the unimpeded speed of free flowing vehicles unaffected by platoon movement may be used. Special application of devices other than radar are particularly appropriate on low volume facilities. · A location should be selected where prevail- ing speeds are representative of the entire speed zone section. If speeds vary on a given route, more than one speed zone section may be required, with separate measurements for each section. Locations for measurements should be chosen so as to minimize the effects of traffic signals or stop signs. · Speed measurements should be taken during off-peak hours on weekdays. If there is dif- ficulty in obtaining the desired quantity, speed measurements may be taken during any period with free flowing traffic. The weather should be fair with no unusual condi- tions prevailing. It is important that the sur- veyor and his equipment be so inconspicuous as not to affect the traffic speeds. For this reason an unmarked car is recommended, with radar speed meter located as inconspicu- ously as possible. It should be placed so as to be able to survey traffic in both directions, and should not make an angle greater than 15 degrees with the roadway eenterline. · In order for the sample to be representative of the actual traffic flow, it is desirable to have a minimum sample of 100 vehicles in each survey. In no ease should the sample for any survey contain less than 50 vehicles. · Short speed zones of less than half a mile should be avoided, except in transition areas. · Speed zone changes should be coordinated with changes iii roadway conditions or road- side development. · Speed zoning should be in 10 mile per hour increments except iii urban areas where 5 mile per hour increments are preferable. · Speed zoning should be coordinated with ad- jacent jurisdictions. C. Truck Speed Zone on Descending Grades Primarily, the grades which will require posting for downhill trucks are those grades on which there is some record of runaway commercial vehicles. In general, it is not considered that grades shorter than one mile require posting since braking alone can generally provide sufficient control on so short a grade. To establish a downhill truck speed limit, a physi- cal profile showing length and gradient in addition to a downhill speed profile for three or more axle com- mercial units with a gross rating of 10,000 pounds or more will be provided. Speed profiles for truck limits shall be prepared on the same form as other speed surveys. An analysis of accidents involving trucks shall be prepared as part of the study. Posted speeds should be on the low side of the scale, generally with- in the pace of loaded units. A standard speed zone order will be issued, when warranted. Posting of the regulation will be by placement of a standard 36" x 45" R2 speed limit sign with an R4 truck plate above. A standard R3 sign with au R4 truck plate shall be posted at the end of the truck zone when appropriate. D. Construction Speed Zones Construction speed zones are established on roads under construction where reduced speed is neces- sary for safety of the traveling public during all hours of the day and night. Where traffic obstructions exist only during the hours of construction, the speed zone signs shall be covered during nonworking hours. Pro- tection of workmen during working hours is pro- vided for under CVC Section 22362. Construction speed zones should be avoided if traffic can be con- trolled by other means. The traveled way should be signed and delineated 'to communicate all physical conditions to the motorists such as curvature, narrow roadway, detour, rough road, dip or hump, etc. The advisory speed plate (W6) may be used iii combina- tion with various warning type signs to indicate need to decrease speed at a particular location. To pre- serve the effectiveness of this sign, it should not be used unless the condition to which it applies is im- mediate and will be experienced by all motorists. The Boad Work-Speed Limit sign (C17) should only be used when needed to protect workers on the highway. It should be placed within 400 feet of work and removed whenever the workers leave the area. ITEM NO. 5d DATE: February 19, 1997 AGENDA SUMMARY REPORT SUBJECT: REPORT OF PROPOSALS RECEIVED FOR PROVIDING FUEL CARD LOCK SERVICES AND AWARD OF SERVICE AGREEMENT(S) FOR SAME SUMMARY: The City mailed Requests for Proposal (RFP) to 5 petroleum jobbers on December 18, 1996. Three sealed proposals were received and opened on January 22, 1997. The proposals received varied in price. Proposals for card lock fueling were distributed since the City's underground fuel storage tanks do not meet current regulations. In addition new underground storage tank regulations require all tanks to be removed by December 1998 if Continued on Page 2 RECOMMENDED ACTION: Award service agreements to Eel River Fuels, Inc. and to Rino Pacific to provide fuel card lock services for purchase of fuel products from February 20, 1997 through June 30, 1998 and authorize the City Manager to execute the service agreements. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject all proposals 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 Acct. No.: 575-5801-450-000 Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: Rick Kennedy, Director of Public Works/City Enginee_r,, i~_,~------ Prepared by: Rick Seanor, Deputy Director of Public Works,~)l~~' Coordinated with: Candace Horsley, City Manager Rick Kennedy, Director of Public Works/City Engineer Attachments: 1. Request for Proposals 2. Eel River Fuels, Inc. proposal 3. Redwood Oil Company proposal 4. Rino Pacific proposal 5. Fiscal Year 1996/1997 Budget Sheet APPROVED: ~,. RJS:AGFUEL.SUM Candace Horsley, City Mana~er'~ Page 2 February 19, 1997 Report of Proposals Received for Providing Fuel Card Lock Services and Award of Service Agreement (s) for Same the tanks are not upgraded to the new regulations. Due to the high groundwater in the vicinity of the corporation yard and the expense to upgrade the storage tanks, staff has decided to contract for fueling at card lock facilities and contract for the removal of its underground fuel tanks. Two of the proposals met all of the performance criteria indicated in the RFP. The proposal from Redwood Oil Company was based on the single card lock system. This system does not meet the City's requirements since a single card system cannot provide the security needed that a two card system can provide. Of the proposals received the Eel River Fuels and Rino Pacific were able to meet the performance criteria indicated in the RFP. Both provide a two card system which will enable the City to monitor and maintain security in fuel purchases. With a one card system, the fuel card stays with the vehicle and can be used by anyone. 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. In reviewing the proposals staff noted some discrepancies. The proposal form submitted by Eel River Fuels was not signed. Rino Pacific (Rinehart Oil) did not submit a proposal utilizing the required City proposal form and chose to utilize a different Oil Price Information Service (OPIS) rate than that specified in the proposal. Staff considers these items to be of minor concern and recommends that the City Council waive the irregularities with the proposals and enter into service agreements with both firms. The card lock fueling facility for Eel River Fuels, Inc. is located at 3371 North State Street. The card lock fueling facility for Rino Pacific is located at 2401 North State Street. 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. 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 December 5, 1996 were used as base prices for proposal purposes. The dealer's markup will not change throughout the duration of the contract. Staff also indicated in the RFP the need to have fuel billing statements provide subtotals by department number. Both Rino Pacific and Eel River Fuels card lock systems are able to comply with this requirement. For these reasons along with fueling flexibility staff is recommending that service agreements be signed with Rino Pacific and Eel River Fuels. City of Ukiah December 16, 1996 REQUEST FOR PROPOSALS FUEL PURCHASE THROUGH CARD LOCK SYSTEM INTRODUCTION The City of Ukiah desires to remove its three underground fuel storage tanks located at the City Corporation Yard. At present all vehicles with the exception of landfill equipment are fueled at the Yard. The City is seeking proposals from firms capable of allowing fuel purchase through a fuel card lock system. The City of Ukiah requests proposals for fuel purchase through a card lock system and related billing services for the period February 6, 1997 through June 30, 1998. The City at its option, may enter into a service agreement with one or more fuel vendors should it be in the best interest of the City. PERFORMANCE CRITERIA . Fuel vendor must have the resources and ability to provide fuel purchase through a card lock system on a 24 hour basis. Fueling facility must be able to accommodate 10 wheel dump trucks, fire engines, boom trucks, and backhoes as well as standard size vehicles. . Fuel vendor must be capable of providing accurate monthly billings based on fuel usage. As a minimum, the monthly billings shall include: vehicle number, employee identification number, date and time of fueling, quantity and type of fuel purchased, odometer reading of vehicle fueled, and vehicle fund/department number (7-digits). The monthly billing shall provide, as a minimum, sub-totals of fuel usage by vehicle; subtotals per department for all vehicles within the respective department; subtotals of diesel fuel purchased for off-road vehicles; and an overall total billing per month. The billing format shall be approved by the City prior to executing a service agreement. , Fuel vendor shall provide approximately 278 cards for City vehicles. In addition, approximately 10 general use cards shall be provided to departments for non- driveable equipment (chainsaws, push mowers, etc.) and off-road vehicles. 4. Fuel vendor must possess necessary operational permits for the fueling facility. Page 2 RFP- Fuel Purchase Through Card Lock System A. PROPOSAL REQUIREMENTS Due Date and Number of Copies Proposals shall be submitted no later than $:00 p.m. on Wednesday, January 22, 1997. Proposals received after this deadline will not be considered. Proposal documents received by the City will become the property of the City and the documents will not be returned to the fuel vendor. One (1) camera ready copy of the proposal shall be submitted to the City for review. B, Proposals shall be sealed, labeled and delivered to: City of Ukiah Department of Public Works 300 Seminary Avenue Ukiah, California 95482-5400 Proposals shall be clearly marked: FUEL PURCHASE THROUGH CARD LOCK SYSTEM DUE DATE: JANUARY 22, 1997, 5:00 PM Proposal Contents 1. Qualifications and Resources. . A summary of Fuel vendor's qualifications pertaining to expertise and practice in card lock fueling facilities. This would include providing copies of operational permits and a listing of names, background and experience of individuals managing the card lock system. Demonstrate Understanding of Service Requirements. Fuel vendor shall demonstrate that it has a full understanding of the performance criteria and the need for a reliable card lock fueling facility. Page 3 RFP- Fuel Purchase Through Card Lock System . Proposed Compensation. . Compensation shall be based on the attached proposal form. The fuel vendor shall base his proposal cost on a fixed mark-up cost above the weekly average Oil Price Information Service (OPIS) rate for the San Francisco Bay Area. For the basis of this proposal the average OPIS rate for the week of December 5, 1996 has been indicated on the proposal form. Throughout the life of the service agreement, the only variable for the fuel rate shall be the average OPIS rate for the respective fuel. References . . Proposal shall include a list of references. Reference list shall include name of contact person, telephone number and number of years utilizing the card lock system. Sample Invoices Fuel vendor shall submit a sample of the proposed billing statement to indicate the ability to provide subtotals by vehicle; subtotals by department; subtotals of off-road diesel fuel; and total monthly billing. Other Information. C. Please identify the name and phone number of the individual in responsible charge in the event of an emergency. Please indicate whether a back-up power source is available in the event of power failure on the electrical grid. Fuel vendor shall indicate whether manual fueling through above ground tanks is an option in the event of power failure. Respondent Selection Criteria Proposals received on or prior to January 22, 1997 at 5:00 p.m. will be reviewed and ranked based on the following criteria: . Adequate resources to perform the work in accordance with the performance criteria. 2. Knowledge and experience with fuel card lock systems. Page 4 RFP- Fuel Purchase Through Card Lock System . Proposed Compensation. Are rate and fees reasonable and within the City of Ukiah's budget? 4. Fuel vendor's past record of performance with fuel card lock systems. The ranking will be performed by the Director of Public Works/City Engineer and discussed with the City Manager. Award of the service agreement will be scheduled for the City Council's meeting of February 5, 1997. SCHEDULE Proposals for card lock fuel purchase received until 5:00 pm January 22, 1997 Review of Proposals - January 22 - February 5, 1997 City Council Awards service agreement(s) - February 5, 1997 Fuel vendor signs service agreement and prepares card lock system - February 6 - 14, 1997 Fuel vendor distributes fuel cards to City - February 14, 1997 City utilizes card lock system for fuel purchase- February 17, 1997 through June 30, 1998 BILLING AND INVOICES All invoices shall be sent to: City of Ukiah - Accounts Payable 300 Seminary Avenue Ukiah, CA 95482-5400 Invoices shall include all applicable Federal, State and local sales taxes and fees. At a minimum, invoices shall be submitted on a monthly basis. Fuel vendor's verification of OPIS price change to supplier shall be furnished to the City of Ukiah - Accounts Payable upon each change which affect billings. The successful fuel vendor must provide copies of the current Report of the Oil Price Page 5 RFP- Fuel Purchase Through Card Lock System Information Service (OPIS) Publication quoting the average price for Market Area (San Francisco Bay Area) with each invoice submitted to the City of Ukiah. Delivery tag (invoice) must have corrected pricing. SAMPLES The oxygenated compounds in all gasoline sold to the City must contain methyl tertiary butyl ether. No alcohols such as ethanol will be accepted. VVhere the fuel vendor quotes on a brand named as a standard of the quality and utility desired, a sample of the item will not be required unless specifically requested. If the proposal submitted is on any other brand or make than so named, a sample thereof must be furnished if requested, or the proposal on the item will not be considered. The sample shall be the exact item the fuel vendor intends to furnish. SERVICE AGREEMENT Fuel vendor(s) selected will be required to enter into a service agreement with the City prior to providing the fuel services. The City reserves the right to enter into more than one service agreement for fuel purchase through card lock systems to meet its needs. The City has estimated its fuel needs for a 17 month period as indicated on the proposal form. However, the City will not guarantee these quantities as a minimum fuel usage. QUESTIONS Any questions regarding this proposal shall be directed to Mr. Rick Seanor, Deputy Director of Public Works, City of Ukiah, 300 Seminary Avenue, Ukiah, CA 95482-5400, phone (707) 463-6296. PROPOSAL INSTRUCTIONS ALL PROPOSALS MUST BE SIGNED and OPENING DATE and TIME MUST BE SHOWN ON SUBMITTING ENVELOPE. Quantities shown are approximate and in no way obligate the City of Ukiah to purchase the full amount specified. Fuel vendor guarantees his fuel mark-up price if fewer gallons are purchased. The City of Ukiah reserves the right to accept or reject any or all proposals and waive any Page 6 RFP- Fuel Purchase Through Card Lock System irregularities not germane to price. The weekly "average" price quoted for Market Area in the San Francisco Bay Area in the Report of the Oil Price Information Service (OPIS) Publication published during the week confirmed through December $, 1996 is to be used as the BASE price for all proposals and is indicated on the proposal form. The fee covering all other elements of price to City of Ukiah must be identified separately. The OPIS gasoline and diesel base fuel prices shall be firm for the proposal opening. Only the fuel vendor's total price per gallon may fluctuate according to the weekly average OPIS price for the respective fuel. All prices to be quoted shall exclude State and local sales tax, Federal and State excise taxes, and applicable fees. Service agreement shall cover a period of approximately 17 months from the date of Award. NO PROPOSALS WILL BE CONSIDERED UNLESS MADE UPON FORM FURNISHED BY THE CITY OF UKIAH. In the event of a discrepancy in figures on the proposal form, the fuel vendor's mark-up price shall prevail for calculations made to obtain total prices. Page 7 RFP- Fuel Purchase Through Card Lock System DETAILED SPECIFICATIONS - PETROLEUM PRODUCTS PROPOSAL FORM Specification Estimated OPIS Base pdce Fuel Vendor's Mark-upTOTAL PRICE TOTAL COST Quantity (gallons) (fixed for week ofPdce (includes freight) (per gallon; not Dec, 5, 1996) including taxes or fees) (A) (B) (C) (D) = (a) + (C) (E) = (D) X (A) DIESEL FUEL, AUTOMOTIVE ASTM D 975 Clear, CA ARB No. 2, Non-Dyed 29,000 0.6877 REGULAR UNLEADED GASOLINE ASTM D 439 EPA, CA ARB, Minimum Octane of 87 Must contain M.T.B.E. 54,500 0.6661 UNLEADED PLUS GASOLINE Minimum Octane of 89 Must contain M.T.B.E. 14,000 0.7122 TOTAL PROPOSAL > STATE REFINERY NAME(S): The undersigned declares he is familiar with the items specified and has carefully checked all of the figures stated on the above DETAILED SPECIFICATIONS and accepts full responsibility for any error or omission in the preparation of this proposal. This proposal is submitted by (check one): Individual Owner Partnership Corporation Other (Specify) Legal Name of Fuel vendor: Address of Fuel vendor: Phone Number: By: Dated: (Signature) C:\OFFICE\VVPVVIN~RICKDOCS\CARDLOCK. RFP 3371 NORTH STATE STREET · UKIAH, CALIFORNIA 95482 ° (707) 462-5554 ° FAX (707) 462-2337 "CA TCH OUR' SPIRIT" January 21, 1997 Mr. Richard J. Seamer, We are pleased to have the opportunity to provide this service for you. I believe you will find Eel River Fuels very knowledgeable and understanding to the cardlock fueling needs of the City of Ukiah. Item # 1 Eel River Fuels cardlock is open 24 hours a day, 7 days a week. We have 8 gasoline pumps available, 4 Regular (87 Oct.), 2 Midgrade (89 Oct.), 2 Premium (91 Oct.) and 9 high volume diesel pumps. Three of the diesel pumps have satellite nozzles, for fueling tanks on both sides of the equipment at the same time. All fuel islands are more than adequate to accommodate trucks with 52 foot trailers as well as trucks with 2 trailers. We are proud to be one of the largest and cleanest cardlocks in Northern California. Our CFN (Conm~ercial Fueling Network) cards can be used at over 200 locations state wide and over 1000 locations nation wide. You will receive your itemized bill from our office here in Ukiah. Item #2 Regarding the billing requirements, we can bill semi-montldy or monthly. Each card will have a separate ID and PIN number which can be issued to each driver or etnployee, the individual can punch in the odometer reading and the computer will ask for a miscellaneous nmnber wlfich they can punch in your velficle fund/department number. The cards can be programmed, when ordered, as an all product card, Diesel only, Premium only, Midgrade only, Regular only, all gases only, or no Diesel, the choice is yours. Also availabe is a two card system, one card for each velficle and once card for each employee if e~nployess drive a variety of vehicles. The monthly statetnent will show, date, time, cardlock location, type of fuel, gallons and price. Each card will have a separate section on the invoice, with a total for each card as well as an overall total of products purchased. See attached smnple. The number of CFN cards can be added to at anytime, also provided with your cards will be a booklet, listing all fueling sites with complete description and maps to each fueling site. Item/t4 We have on display all operational and business licenses and permits pertaining to our fuel site, all of Milch we have attached copies. Ite~n #B- 1 Item #C-4 Eel River Fuels has been in the cardlock business for 7 years with a large, state of the art, cardlock that has several enviromnental devices not found in other cardlocks and are not required, but were installed because of our concern for our communities environment. Our cardlock is supervised by Russ Oakley, he has been involved with our cardlock since its inception and has been involved, for over 11 years, in all aspects of the fuel business, fi'om personal relations to delivering petroleum products. Itetn #6 Our cardlock is maintained and serviced by David Bryant and Gage Ferguson. David has worked all seg~nents of the cardlock for 4 1/2 years. Russ and David are on call 24 hours a day, 7 days a week. Both carry pagers and have cell phones for contact purposes, should a problem arise at any time. Contact personnel and numbers are as follows: Russ Oakley can be reached at home, 462-7675, paged 468-7618 or called on his cellular phone 489-7857. Dave Bryant, who lives five minutes from our fueling facility, is available, at home 485-8662, pager 491-0814, cellular phone 489-0796. Eel River Fuels is available and willing to serve during local disasters or emergencies i.e. fires, floods, electric power failures etc. We do have vehicles on site that function independent of public utilities and are available at any time local or state agencies feel the need for our services. LaCrisha Pogue has been with us for 3 years and is in charge of the cardlock computer and cardlock billing. LaCrisha has been to special training seminars by CFN and takes care of all office practices pertaining to our cardlock customers. Our General Manager, Bill Harris is the former manager of Cardlock Fueling Inc., wlfich was one of the first partnerslfip driven cardlock fueling systems, which, paved the way for the standards that present day cardlocks are operated. Cardlock Fueling Inc. operated fueling cardlocks from Oregon to Texas. Mr. Harris is currently chairman of the Northwestern Regional Board of Directors for Commercial Fueling Network (CFN) and is also presently serving as Director on the California Independent Oil Marketers Association, wlfich oversees petroleum lnarketing and practices associated with the petroleum industry. If you have any questions regarding pernfits, personnel, references etc., please call 462- 5554. Thank you, Russ Oakley Page 7 RFP- Fuel Purcha.se Through Card Lock System DETAILED SPECIFICATIONS - PETROLEUM PRODUCTS PROPOSAL FORM Specification Estimated OPIS Base pdce Fuel Vendor's Mark-upTOTAL PRICE TOTAL COST Quantity (gallons) (fixed for week ofPdce (includes freight) (per gallon; not Dec. 5, 1996) including taxes or fees) (A) (B) (C) (D) = (a) + (C) (E) = (D) X (A) DIESEL FUEL, AUTOMOTIVE ASTM D 975 Clear, CA ARB No. 2, Non-Dyed 29,000 0.6877 .161 .8487 24612.30 REGULAR UNLEADED GASOLINE ASTM D 439 EPA, CA ARB, Minimum Octane of 87 Must contain M.T.B.E. 54,500 0.6661 .1 56 .8221 44804.45 UNLEADED PLUS GASOLINE Minimum Octane of 89 Must contain M.T.B.E. 14,000 0.7122 .1 56 .8682 1 21 54.80-' TOTAL PROPOSAL > STATE REFINERY NAME(S): HNOCAL The undersigned declares he is familiar with the items Specified and has carefully checked all of the figures stated on the above DETAILED SPECIFICATIONS and accepts full responsibility for any error or omission in the preparation of this proposal. This proposal is submitted by (check one): Individual Owner Partnership Corporation x Other (Specify) Legal Name of Fuel vendor: EEL RIVER FUELS, INC. Address of Fuel vendor: ~71 NORTH STATE STREET, UKIAH Phone Number: (707) 4~?-5~54 By: Dated: (Signature) C:\OFFICE\WPWIN~ICKDOCS\CARDLOCK. RFP REFERENCES AS REQUESTED Viking Freight Contact: Phone: Joined Cardlock: Darrel Martin (707) 463-2845 10-29-91 Evergreen Enviromental Contact: Chuck Moore Phone: (510) 795-4400 Joined Cardlock: 1-29-96 Cal- Trans Contact: Bruce Wheeler Phone: (707) 463-4748 Joined Cardlock: 4-7-95 Shuster's Transportation Contact: Phil Shuster Phone: (707) 459-4131 Joined Cardlock: 7-94 Department of Interior Bureau of Land Management Contact: Linda Stewart, Contracting Officer Phone: (707) 468-4000 Joined Cardlock: 6-92 date: 01/15/97 EEL l- iIVE] FUELS, 3371 NORTi ! SI'A]'E STREET tJ K IAH, CALl FO RNIA 95482 (707) 462-5554 . (800) 343-8354 acct#: 007800 invoice#: 6106 rerms: NET ,. 10/FI~N CHO 8~' PER MO All all mmmm m m~ mm ~ · :~te time mite d~ive~' keyboard mpg edom Vehiclew 0000003-7688-00930 't/O1 1958 URIAH .~698568. 1./13 0851UKIAH "'698566 1 Vehicle Summaryt Vehicle: 0000015~48~4-00804 t/02 0844 Vehicle~Summ~vym. i',il ~. '. , · ~/02 1733 UKIAH';,~698937~-. "' ~/06 0986 URIAH 698937 ~/08 0945 URIAH.~{698937 invoiced prices include applicable taxes prod units price amount 7 DIESE c- , _ Ed.27 1 15543 2~,.89 7 DIESE 12.00 1.15542 ~3.87 35.27 40.7E, .. UNL 5.01 1. 04871 5.25 5.01 5.25 * - DIESE i .::~.,,* ~"~ D I ESE , .,~.'~ ! ,I i!.~"'~. ........ DIESE , :''~* g DIESE D I ESE ~/13 0804;i:UKIAH -6.98568 : . ~ , ~ , , UNL ' ~ .~... , . . ,~ , .. . , ,.i~ '~ ..v~. .'~a ~ .,'. ' ','~..'~ .... , *; ~."';, V eh i c 1 · I".' 0000089-6644~--:~ '0093:1 ' ~,~ ~'~'"'~".' :~:~~'~i,~,~,r,~.,, :~,..' :~,- ?:. ,~: ' ' ' '/S1 0889,'~UK~14 "~:698667' :['~',,~ ~ ~'t "':":'" .... ~"~d:~'~li;~t~':';;:'li'~;'$~: !~w~"~"P~'/': ...... '" ' '/31 I~E7 URIAH '1133414 j ~"~,, .... ... ~ ..... ;.b~:~,:.,,,::~:~,, :...~.DIESE '/~1 le51 ~UNIAH 1133414L-;' ,:;;. * DIESE 'DIESE DIESE DIESE DIESE DIESE DIESE DIESE DIESE DIESE '/02 071~'.'UKIAH .'1133414 '/03 0754,iUKIAH' 1133414 '/o3 19191URIAH ~.9~3448 '/04 1930~URIAH'.,~983448 '/05 0014";UKIAH,:~'~189~189 ~/06 1610!:URIAH ~.698544 /09 le35'URIAH:.983448~:' /10 1555 URIAH 92344~'. /14 zeet URIAH 9~344E 1183 10.33 1.15547 11.94 18.59 1.15545 21.48 12,49 1.15544 14.43 14.86 1.15546 17,17 9.34 1.15540 10,79 23,12 1.15545 2G.71 11.90 1,15542 13.75 100.63 rIG. 27 30,96 1.04868 32.47 .16.71 1.04869 17,52 13,49 1.04869 14.15 30.24 1.04869 31,71 31.68 1.04868 33.22 123.08 129,07 24.67 1.15545 28.50 13.71 1.15544 15.84 14.55 1.15542 16.81 13.67 1.15542 I5.79 21.77 1.15544 25.15 26.92 1.15543 31.10 12.88 1.15541 14.88 15,63 1,1.5546 18.06 12,01 1,15542 13,88 16,50 1.15545 19.06 9,23 1,15540 10.6fi 24.04 1.15543 2'7.78 27.50 1.15544 31,77 dater 01/15/97 EEL R. IVER FUELS, 3371 NORTH STATE STREET IJKIAH, CAI.IFORNIA 95482 (7¢}7) 462-5554 ,, (800) 343-8354 acct#: 007800 invoice#: 6106 'ate time site .driver-keyboard 'I/09 1451UKIAH-'69266? ,I./15 1005 UKIAH 1133414 Vehicle ~umma~yl . i c 1 e t; 0000169-6575-03323 0106 ~''' UR I AH -.'~,~ 12951 i~9 0853:,UKIAHi ~I 1133414 · 0928 UKIAH:.,,'. 692545"' 0715 UKIAH:', ~693545 ,. 0758 URIAH :~'~'693545 ' 0657 URIAH ,'% 693545: 161 ~ UR I AH ;:.f:693544 ~ '~ icle 8umma~y~ , Veh '1/O5 't/O6 '1/O7 't/lO '1/11 't/14 1./15 Veh V '1/08 Veh Veh 1./01 1./08 l/09 I/' 15 mpg .. page 00 * 0 * 456 '* odom prod units price amount DIESE 34.79 1.15544 .40.2~a DIESE 27.00 1.15545 31.20 187.11 216.20 DIESE 36.74 DIESE 50.95 DIESE 26.64 DIESE 31.99 DIESE 16.01 DIESE 32.17 DIESE 30.82 225.32 1. 15545 42.45 1. 15544 58.87 1. 15544 30.78 1. 15543 36.96 1. 15543 18.50 1. 15544 37. 17 1 . 15544 35.6.1. ,:: 60.34 i c 1 · ~ ",.0000171-68~ 1-35204 1426".';URIAH~.~69~560 ~' 'i ,' . ~* DIESE icl e-:BUmma~'Y I' ':'i~' ,......~; 19~6'~UR:IAH.~;~4'l~951~9~~ ,~.. _ ,, ..::~,:~",. ',' "~;0'' I,.~v~',{.~t~.~.,,~.. DIESE9.38 · .. :~. v"', .~.. '" ~. i' DIESE 20.93 1536'~:URi'AH :~:~1395130,'}i:~,:"; 0000 : ..~{'.~ ~,, ~?'" :.{~">' ~ DIESE 8.99 -.,,..,:, ,;:' ,,,~- .. DIESE 19 39 "5'??' ,~- : · ,~ ~ ........, ,,,,,.' ~-~ ~ 58.69 Vehicle~ ~:0000.174-C71 aa.oo35o / 15 1 ~ 16 ';:'UR gehicle-.'Summat, y~ ..~ 1 , - ' i ~: '". ,;:~ ~.,., 13.07 · !: .... i~,.~.h.:...~;' .'.:' '. ; .i t . . '.,.~v. '.. ::.. ..~ ;. ~ : : ~, 4 I ~ ~ ~ '7'~ ~; '?? '"; . 102 -165~':i{URIAH:.?~69~S37,j.'3j(?' "e=aae ' "' '"' '"' ' ..... 00000000 104 07~0:' FORT~:',B'.;~:1133414" ' .";i~'.'~~ ~:%:,,~,h~.~'-,:~::,.,:DIESE 80.94 t/lO 1523'UKIAH '"11334t4~:"~.' 1/10 1589 URIAH 1133414 "', . i~ 0 ,~i¥~'~':,:~.';~C.~'i::.,I;',.',.'.'i.~.~' 27, 11 Vehielei>O69a102-alM MOORE 1./07 090~URIAH '-!JIM MOO " 9342 Vehicle.~Bum. ma~y.~ ' ''; ':.CPM .000 Vehicle~-:0692103-JOHN'MILLER 3003 :'/31 l120(URIAH'i.~JOHN MI'-~,' 9014 '~:, ~ , ~ ~/02 0921~UR'IAH ~i'JOHN;MI ~' 9014 ~/07 0920 UKIAH~'"JOHN:MI 9014 ~/09 0831 URIAH JOHN MI 9014 43.03 43.03 = :! 1054 66. 5 "' 607 UNL 12.97 '66, 5 999553. · 12.97 : 1080 * 607 DIESE * 607 DIESE * 607 DIESE * 607 DIESE 49.72 49.72 21.55 1.15544 24.90 17.32 1.15543 20.01 22.44 1.15544 25.93 27.26 1.15543 31.50 1.04869 13.71 1.3.71. 1.15544 87.22 1.15651 76.85 1.15543 93.52 1.15545 31.32 1.15544 120.50 409.41 I. 04868 I=.60~ 13.60 1.15543 10.84 1.15545 2.4.18 1.15547 10.39 1.15546 22.40 67.81 date: 01/15/97 EEL ifil[VEIl4: FUELS, .3371 NORTtl ST^'rE STREEI UKIAH, CALII;ORNIA 95482 (707) 462-5554 · (800) 343-8354 acct#: 007800 invoice#: 6106 page '1/13 '1/15 Veh Veh '~t/01 ,1/02 ~1/03 ,t/04 ',1./08 Veh 1001 UKIAH ' JOHN iMI 1533 UKIAH !JOHN MI icle Summary iclew 1295926-~JM ;BROW 0730 0638 U~IAH 0~8 UKIAH 0549 UKIAH 1341~ UK I AH ;~ 1 ~9~9~6 icl~ BummaPy .; , llmlmmmmli~mlmlImlmm..--mm..mmmmmmlimmmmmmmm~ time site driver!' keyboard mpg odom mmmmmm,~.mmmmmmmm W 9014 9014 Veh ,1/01 't/02 '1/07 't/10 Veh 5496 * 1131 * 1131 * 1131 * 5496 * 'RODUCT ,,; ' IESEL '~ ":;,:',4037.: 340: '~'~L ":--"i"' ::363,910 . .REM . ::," 23.000 l. 0617 · . ; · . ,, . . prod units price amount 607 DIESE 18.67 1.15544 ;-71.57 607 DIESE 17.66 1.15543 20.40 124.90 144.3! 25204 607 DIESE 18.66 1.15543 2t.56 607 DIESE 27.39 1.15544 31.65 607 DIESE 23.91 1.15545 27.63 607 DIESE 24.00 1.15545 27.73 607 DIESE 27.73 1.15544 32.04 121.69 14.0.61 icle:.1413411-MARTIN SILLS 1348 UK I AH .'~i''' MARTIN:' { 05300 * 607 DIESE 1049 UKiAH i~MARTIN~ i~' 05300 , 607 DIESE 13~7,~EUREKA-I MARTIN 05300 - * 607 DIESE t~r · ,~ ' · 0841 UKIAH ';MARTIN/~ ' 05300 ~ :,:,:.,~*,.~ 607 DIESE icle.' SUmmaryw , , , ::"~ . ~ ", , ,t t~'~,:~ ' ', ' '""". :' "~: ', '~ ~' ~;~ ' ' INVOI~E,.SUMMARY ........ - ...... UNIT8 PRICE:~:~; SUBTOTA~ ~}?~.~ETAX'" ...... '"TAX 72.54 1.15544 83.82 73.23 1.15544 84.61 108.06 1.16960 126.39 89.79 1.15544 103.75 343.62 398.57 TO'TAL 4667.04 385.76 30.63 $5,083.43 DAVID FAULKNER Air Pollution Control Officer PHILIP W. TOWLE' **' Air Quillty Specllllot: ~ ,~ . COUNTY OF! MENDOCINO AIR QUALITY MANAGEMENT DISTRICT 308 En.~t qobbl Str~e! Uklnh. Callforffia (707) 453-4,154 Fax: (707) 4634707 UKIAH, CALIFORNIA 95482 Operithl under thif perlit lust he,collected in e,~tpliance with all data and specifications inelu~ w~th the ~p~)~ic~tion ~nJ~r ~ ~me~. ~le'equ~paea~mt;?be ~ope~ly .intai~,ed ,,:~d kept ie pod operating condition at all ti~es. ' ..':~::'~. [POST~:THIS'PERMIT IN A CONSPICUOUS PLACE NEAR T[IE E~UIEM~]NT. PERMIT NUHBER..~ ,::~:.4225., 3711-75-32-1 · .:.:: .. Thi~:per~it.,:.is~'~ali~;from~*auly 1, 1996 .through June 30, 1997. ~ · ,~ . ~. . , , , . '*~~ *"i' ' ~ :~ ' ~' ' Permtttee:~ ~:, ?,' ;:..' EEL~RIVER FUELS, INC." gquipaent ':: ,.-. ,, :.., ::~:.. , : . .,..: ... ..~.? ..,. ~: loeated~ at::~:t'".':'. :~:' : :'~' 3371".NORTH STATE '~TREET ~ ~ UKIAH , .: ~.~ . .:, ,~' :,.?,, ~: , ; '.' . . . ~,':, '" ,'' '? -,'" -:~-' ' '~ t ' ' , , , '...:'::= :: ..'i~'.. ~ .~ :,.'gasoline Storage Tank and Dispensing · ' ,~ ,* , · r. ,. . : · .~-~;: .. :*~:: .~~: ~:....:: (see equipment ~,pages for details) ,:.. ',?':,...'* ",.;.,,~::(/' a~'.j t':, '/. ...¥.' ;: ,:. .. . )'~ '. ~ : ' "l,: ': ~ ,.~ g '.: ~ , , . ~.,.% ,: ~ ,, .::i. . , : : THIS PERMiT':BEOOMES .VOID Yhi~ pe~att ,jge~'~ot:aeth0rize the eaissioa:o[ air co~haiun~s itexce, of those allo~ed by the h~lth and hfe~F C~e of the or the le~jli[t~J~'~[:'th~:]e~ciao:Coe~ty lit ~e~lity ~au~eaeat,~htfict. Yhis perait c~ ~ be considered pereission to viola~e ,¥ ,.: ,, ,,/ ~~, :~, : .. '.. : CONDITIONS · (see condition pages) ,,, . UPON ANY ~HANGE OF OWNERSHIP OR ADDRESS OR ANY AI.,Ti;:i~ATION. ;'" ,~? :',i' Air PollUtion Control: Off -','~,!-",: :," :, ' .;~:.; '.;;, ;~ : .....~':" '"' ':O':' '" ::~:. .... '-~ .:':.':':', "- ':c- , :.;'- ~ t:cer · .i - Date DAVID FAULKNER* Air Pollutlofl Control PHILIP W. TOWLE All' Quality , .,.'. ,~ ' · ' · ; ~' ": ;- .) .-- : ~ ,', , . Operation .utel. tits ;'perm: COUNTY: OF'!'MENDOCiNO !~,:AIR QUALITY MANAGEME.T DISTRICT ,,, UKIAH, CALIFORNIA 95482 ,. , -.., PERMIT.J This'" pe · ',~* Permittee Equipne located: · . PERMIT'. ., /TO OPERATE ., , .~ ~:.~f/,j~-:., - IN A CONSPiC.U.OUS PLACE NEAR TIlE ;~3-90.54 '-~?:,.., ~,- ~ . 1, 1996 thro.Ug~ January 31 1997. STATE STREE~ [~ ' ::/',~;i;.'5:,. · , ': .?;;;,,:?y!,, ?, Vapor ReCovery System ;.. , ';,' f :jl;(see: equ~pmen~'~.~;pages: lot detail, s) . ~: ... ~: " , .' (see?~conditi:on Pages) · ,.'=: ' ;.~j'. : ~ .:,~ c { , · "!iL/;'~, ~,.,.':'; '." ~!*'! , :'/i ', '".'~ ,i".' :".' :'~ ~ ' ' .... '~ ' ' ' ~ C ~JV~ID~U] ON ANY CHAN~E OF OWNERSBIP OR ADI)RE,;2 ()1~ ANY a~r.contaumts rt.'excesS o[ those allo,d b~ the Sea~t~ ~,d S.~f~t~ ~:o~ ,'.f ~.e St~t~. '. ~ ~ ';~ T.r~F:~': '.~. '. ° BUSINESS LICENSE of Ukiah This Is to certify thet the persoh(s) nemed below required by the City of Uklah Municipal Code end all Amendments thereto. FORPERIOD 1/01/9,'5" ** 'tO LOC: ~USINESS/LICENSE NO. TYPE OF BUSINESS 'r R~N~F'(:)I:;~'I' ~ T I E)t,I NOT 'tRANSFERABLE · POSt' If,I ~, CONSPICUOU.~ r'IACc. .1. 09 :l Issued to: :.~i,'i'~'.,', . · ........ .,.~, .-:, ;,. ;,~1~'~ .... .~ . . ,.. .~, .95482., x :~,,.,',~.,;:: ;,.'.;~: ,':..,~ ;"'~ ;": "' · ~, ~uM~: P.O, ~X~15 ~~; CA 95812 7. Morgestcr, Chief Complim~ce Division ' Chuck Bcddow,!~mgcr Field Enforcement Soctioh (916) 322q5033 ' .~ ................. ii iii ~ 1/1/89 iiiii I i iii i i iii i . _ ~d__ CALIFORNIA STATE BOARD OF EQUALIZATION BROKER'S LICENSE ACCOUNT NUMBER F' MB HQ 08-006018 EEL RIVER FUELS INC. 3371N STATE UKIAH, CA 95482 IS HEREBY LICENSED PURSUANT TO THE MOTOR VEHICLE ·" FUEL LICENSE TAX LAW TO CONDUCT THE BUSINESS OF · BROKER OF MOTOR VEHICLE FUEL. STATE BOARD OF EQUALIZATION iTH;8 LICENSE I$ VALIO UNTIL CANCELLED 'Off REVOKED AND 18 NO1 TRANSFERABLE. '- - i i i ii I I I ii iii I i IIi ii i ii i 8T~42-B REV. 8 (9-86) r,I 0 '1' A U %' 1'4 C, r~ ! RE. TAIL (This nurnl~r Board uso only.) CALIFORNIA STATE BOARD OF EQUALIZATION CONSOLIDATED PERMIT SY JHE 27-792164 EEL RIVER FUELS, 195 BRUSH ST. !CA INC. IS HERESY AUTHORIZED PURSUANT TO THE RULES AND REGULA- TIONS OF THE BOARD TO FILE CONSOLIDATED SALES AND USE TAX RETURNS UNDER THE ABOVE CONSOLIDATED ACCOUNT NUMBER. STATE BOARD OF EQUALIZATION THIO PERMIT IS VALID UNTIL REVOKED ,'OR CANCELLED. BUT Ig NOT TRANIFER- . i' ;i ABLE AB TO OWNERSHIP ...... · ,~. ·~. BT-44R,.M Rsv. ? ~4-82) .;. ,' ' i ~'' DISPU~Y CONSPICUOUIIt IN t#l OFFICl FOR WHICH I$$UID R§ 40~I')4 :t REDWOOD OIL COMPANY January 17, 1997 Mr. Richard Seanor City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Request for Proposal: FUEL PURCHASE THROUGH CARD LOCK SYSTEM Due Date: January 22, 1997, 5:00 p.m. Dear Mr. Seanor, Performance Criteria: 1. We have the resources and the ability to provide 24 hour card lock fuel service as requested. , We currently mail monthly customer billing statements, including all of the items needed, except for an employee identification number. . We are able to supply as many cards for the client as necessary; we would only request proper notification and approval of the amount to issue. 4. We always possess and post all of the proper permits to operate our card" locks and stations. Proposal Contents: Redwood Oil Company has been in the petroleum business for 39 years, and in the key lock/ card lock business for 18 years. The General Manager, Ric Piffero, has over 5 years experience monitoring and operating the Ukiah Facility. Also, Bun Richardson is the inside person that handles all card processing and billing problems. Burt has 3 years experience. Redwood Cards also operate at our service station at 1099 South State Street, Ukiah. . There is no doubt that Redwood Oil understands your service requirements. We vow that service is and will always be important. As previously stated, we also have a site at 1099 South State Street, Ukiah, for your easy fueling accessibility. 3. Compensation amounts are listed on the enclosed Proposal Form. CORPORATE OFFICE: 455 YOLANDA AVENUE · P.O. BOX 428 · SANTA ROSA, CA 95402 . (707) 546-0766 City ofUkiah, R.F.P. January 17, 1997 Page 2 4. References are as follows: Federal Express, 1329 South State Street, Ukiah Phone: 800-463-3339, Contact: Dave Adams Weeks Drilling, 3460 North State Street, Ukiah Phone: 462-9080, Contact: ThermanAdams M & M Feed, 74540 Hill Road, Covelo Phone: 983-6273, Contact: Martin Melick Campbell Logging, 77825 Mendocino Pass Road, Covelo Phone: 983-6121, Contact: Jack or Claudina Mendo Lake Honda, 1400 Hastings Road, Ukiah Phone: 468-9215, Contact: Sharon Barker 5. Please find the enclosed sample of our invoice/billing statement, as requested. . In the event of an emergency, the contact person is Ric Piffero at 707-463-3100. We do not have any back up power in the event of a power outage. Although, what we have done in the past in any system failure is post a bobtail truck and operator to serve our accounts. Thank your for the opportunity to submit our proposal. If you have any questions or need any further information, please feel free to call me at 707-546-0766 extension 125. We look forward to heating from you. ROBERT BARBIERI President, Redwood Oil Company Enclosures Page 7 RFP- Fuel Purchase Through Card Lock System DETAILED SPECIFICATIONS - PETROLEUM PRODUCTS PROPOSAL FORM Specification Estimated OPIS Base pdce Fuel Vendor's Mark-up TOTAL PRICE TOTAL COST Quantity (gallons) (fixed for week of Pdce (includes freight) (per gallon; not Dec. 5, 1996) including taxes or fees) (A) (B) (C) (D) = (B) + (C) (E) = (D) X (A) DIESEL FUEL, AUTOMOTIVE ASTM D 975 Clear, CA ARB No. 2, Non-Dyed 29,000 0.6877 ,4~ <~ 7 , '~ c//7 .;22,, 7.~(~ ,~ (~, ~" REGULAR UNLEADED GASOLINE ASTM D 439 EPA, CA ARB, Minimum Octane of 87 Must · contain M.T.B.E. 54,500 0.6661 ,(~c~7 , · UNLEADED PLUS GASOLINE Minimum Octane of 89 Must contain M.T.B.E. 14,000 0.7122 ,0~77 TOTAL PROPOSAL > STATE REFINERY NAME(S): The undersigned declares he is familiar with the items specified and has carefully checked all of the figures stated on the above DETAILED SPECIFICATIONS and accepts full responsibility for any error or omission in the preparation of this proposal. This proposal is submitted by (check one): Individual Owner Partnership Corporation X Legal Name of Fuel vendor: Other (Specify) Address of Fuel vendor: Phone Number: (Signature) Dated: C:~OFFICE\VVPWIN~ICKDOCS\CARDLOCK. RFP ACCT~ 004l 16 / Xfer#: 116451 Date REDWOOD OIL COMPANY, INC. P.O. BOX 488 SANTA KOSA., CA 95402 (?0?) 546-0?66 CARDLOCK INVOICE No ~ 367 Pg. ! NET DAYS. PI. EASE h,=MIT FEOM THIS INVOICE ALL DIESEL PURCHASED FROM THE Pt;MF'~ AT OUR S~ATiONS AND CARD!.OC'K SITES iS CI.EAF' DIESEL Al:ID CONTAINS NL', VISIBLE ~/IDENCE OF D:/E. Dai;e 't'ime P:'::.Juc~ Qty ==:: CAED ~: ',--39:).S? t2 :'~'~ ':::~ t.,t :'~'" Di,:,,~-,~ 4:215 .... , : '. . ........ ~ · Rate Sate Site H~ Vehi=le [.0~6,) 51.48 CSnl 06 000,) Odom MPG CFM 000000 subtota[ 47.815 Ti, fa] New ,q.a]es 51.4~ 1t/15/96 ~*-***~ Sa] es Summary Diese! 49.88 $51.48 SLS TX D ';50 4.43 **FET DIESEL ii.96 ~SET DIESEL 8.86 Th~ ~ax n.a,n~(s) p, ...... ~.t by ar~ tax(es) being exempted INVOIt_~E TOTAL a'/erag_: 0.0 0.000 0.00 ACCT# 009983 / Xfer#: 100611 Date 01-15-97 REDWOOD OIL COMPANY., INC. P.O. BOX 488 SANTA ROSA, CA 95408 (707) 546-0766 CARDLOCK INVOICE REDWOOD OIL COMPANY L/ 455 YOLANDA AVE, 8~,~- SANTA ROSA CA 9540 -'-- No: 83 Pg. 1 TERMS NET !0 DAYS. PLEASE REMIT FROM THIS INVOICE ALL DIESEL PURCHASED FROM THE PUMPS AT OUR STATIONS AND CARDLOCK SITES IS CLEAR DIESEL AND CONTAINS NO VISIBLE EVIDENCE OF DYE. Date Time Product Qty === CARD #: 704055 ==CARD 01/08/97 14:81 Diesel 01/03/97 16:39 Diesel 01/06/97 18:19 Diesel 01/0?/97 18:57 Diesel 01/08/97 06:44 Diesel 01/08/97 !4:38 Diesel 01/09/9? 16:88 Diesel 01/10/97 15:43 Diesel 01/13/97 06:46 Diesel 01/13/77 18:88 Diesel 01/14/97 18:81 Diesel 01/15/97 13:84 Diesel 01/15/97 19:34 Diesel Rate Sale Site H# Vehicle Odom Desc: ROC-4OS-T#143-F'ROF'ANE ) ......... 303731 8!.695 1.3890 88.560 1.3890 31.930 1.3890 80.370 1.3890 18.670 1.3890 88.940 1.3290 88.975 1.3890 16.985 1.3890 16.096 1.3890 88.140 1.3890 87.780 1.3890 15.035 1.3890 83.480 1.3890 MPG CPM 88.83 C481 11 0143 29.98 C481 18 0143 48.44 C481 11 0143 87.07 C481 0? 0143 16.84 C48! 11 0143 30.49 C481 11 0143 38.51 C481 11 0143 88.57 C481 11 0143 81.39 C481 07 0143 3?.40 C481 11 0143 36.98 C481 11 0143 19.98 C48! 1i 0143 31.81 C481 11 0143 303981 8.8 0.158 304071 6.6 0.800 30438? 8.0 0.166 304480 7.5 0.177 304586 8.4 0.159 3047?5 8.8 0.161 305008 7.8 0.170 305111 6.4 0.807 305834 7.6 0.174 305477 8.6 0.154 305667 6.8 0.194 305884 10.4 0.127 306008 7.6 0.175 sub to tm 1 888.656 383.63 === CARD #: 711887 ==CARD Desc: ROC-405-T#144-F'ROF'ANE 01/08/97 07:09 Diesel 60.055 1.3890 79.81 C481 11 0144 01/09/97 14:!8 Diesel 84.795 1.38~0 38.95 C481 11 0144 01/15/97 14:59 Diesel 39.105 1.3890 51.97 C481 11 0144 average 7.9 0.!70 ...... :===282942 883396 7.6 0.176 883618 9.0 0.148 883985 9.4 0.148 sub to tal 183. 955 164.73 === CARD #: ?38308 ==CARD Desc: ROC-40~-T#14J-F'ROPANE 01/06/97 06:84 Diesel 48.100 1.3890 63.93 C481 11 0145 01/07/77 18:16 Diesel 57.145 !.3890 75.95 C481 11 0145 average 8.6 0.155 107730 108157 8.9 0.150 108688 8.8 0.161 ACCT# 009983 / Xfer#: 100611 Date 01-15-99 REDWOOD OIL COMPANY, INC. P.O. BOX 488 SANTA ROSA, CA 95408 (707) 546-0?66 CARDLOCK INVOICE No: 83 Pg. 8 Date Time Product 01/09/97 18:53 Diesel 01/14/97 07:31 Diesel Qty Rate 50. ,.}85 1. 329,.) 50.390 1. 3890 Sale Site H# Vehicle Odom MPG CPM 66.48 C48i 11 ,.)145 66.97 C48! 11 0145 !09108 9.5 0.!40 109500 ?.9 0.168 sub to tel 805.660 893.33 average 8.6 0.155 === CARD #: 941889 ==CARD Desc: ROC-405-T#136-PROPANE =========003698 01/04/99 15:33 Diesel 81.096 1.3890 88.,.)4 C481 09 0136 003988 10.6 0.185 01/06/99 16:19 Diesel 84.303 1.3890 38.30 C481 10 0136 004814 18.0 0.111 01/09/99 19:49 Diesel 14.191 1.3890 18.86 C481 09 0136 004403 13.3 0.100 01/10/97 15:43 Diesel 85.?30 1.3290 34.80 C481 10 0136 00466? 10.3 0.130 sub to ta 1 85.380 113.40 === CARD #: 748369 ==CARD Desc: ROC-405-T#806-PROPANE 01/06/99 10:58 Diesel 18.791 1.329,.] 84.9? C481 10 0806 0!/!5/99 08:18 Diesel 83.417 1.3890 31.18 C481 10 0806 average 11.6 0.116 098?06 099018 16.3 0.088 099444 18.4 O.0?E 18/31/96 subtotal 48.808 56.09 Total New Sales 991.18 average 17.4 0.077 0.00 ****** Sales Summary Diesel ?45.80 $991.18 ****** Tax Summary ****** FET DIESEL 181.85 SET DIESEL 134.89 SLS TX D ?85 61.46 INVOICE TOTAL $ ACCT# 009989 / Xfer#: 100611 Date F)1-15-97 REDWOOD OIL COMPANY, INC. P.O. BOX 488 SANTA ROSA~ CA 95408 (70?) 546-0?66.. CARDLOCK INVOICE No: 87 Pg. 1 REDWOOD OIL COMPANY 455 YOLANDA AVE SANTA ROSA CA 95408 *** TERMS NET 10 DAYS. PLEASE REMIT FROM THIS INVOICE *** ALL DIESEL PURCHASED FROM THE PUMPS AT OUR STATIONS AND CARDLOCK SITES IS CLEAR DIESEL AND CONTAINS NO VISIBLE EVIDENCE OF DYE. Date Time Product Qty Rate Sale Site H# Vehicle Odom MPG CPM === CARD #: 704085 ==CARD Desc: ROC-141-RANDY PARKER =========478581 01/08/97 07:17 Unlead 15.856 1.8890 19.49 C801 07 0141 488311 **** ***** 01/06/97 14:88 Unlead 15.015 1.8890 18.45 C801 08 0141 484558 **** ***** 01/10/97 10:59 Unlead 18.135 1.8890 14.91 C801 0? 0141 486811 **** ***** subtotal 43.006 58.85 Total New Sales 58.85 average 0.0 0.000 18/31/96 0. O0 ****** Sales Summary Unlead 43.01 $58.85 ****** Tax Summary ****** FET GAS 7.87 SET GAS 7.73 SLS TX G 750 3.90 INVOICE TOTAL $ 52. 85 RINO PACIFIC An Independent Franchisee o~ THE COMMERCIAL FUELING SYSTEM P.O. BOX 328 WILSONVILLE, OREGON 97070-0328 503 · 682-3865 WATS 1-800-367-5077 FAX 503 · 682-8726 City of Ukiah Department of Public Works 300 Seminary Ave. Ukiah, CA 95482 Fuel Purchase Through Card Lock System Due Date: January 22, 1997, 5:00 PM RINO PACIFIC An Independent Franchisee of THE COMMERCIAL FUELING SYSTEM P.O. BOX 328 WILSONVILLE, OREGON 97070-0328 503 · 682-3865 WATS 1-800-367-5077 FAX 503 · 682-8726 City of Ukiah Department of Public Works 300 Seminary Ave. Ukiah, CA 95482 1.-3-97 FUEL PURCHASE THROUGH CARDLOCK SYSTEM DUE DATE: JANUARY 22, 1997, 5:00 PM Rino Pacific, Inc. is a franchise of the Pacific Pride Cardlock -fueling network, with over 1100 cardlock fueling facilities throughout the US and Canada. Rino Pacific, Inc. is owned in partnership 'by Rinehart Oil, Inc. out of Ukiah, CA., Rinehart Oil has 'been in the Ukiah area since 1959 and has been in the cardlock business for well over 11 + years. Prior to using cardlock 'facilities they also had keyiock stations, and with the changing times upgraded to the cardlock business. If you have any questions or concerns, contact Bob Rinehart, Reed Rinehart or Mike Babcock located in the Ukiah, CA office, 707-462-8811 or Joy Williams at 1.-800-367- 5077, Ext. 1 (Cardlock Sales) located in Wilsonville, OR office of Rino Pacific, Inc. who has worked in cardlock sales for 11 years. All are very knowledgeable in this field. Rino Pacific, Inc. also has a Customer Service Department at 800-367-5077, Ext. 2 for card replacements, emergencies, etc. Rino Pacific, Inc. has several long time cardloc'k customers utilizing the network: 1. Penske Truck Leasing (West Sacramento) Gail Laws 916-371-1450 Customer since 1990 2. Western Farm Center (Santa Rosa) Louis Bertolino 707-545-0721 Customer since 1987 RINO PACIFIC An Independent Franchisee of THE COMMERCIAL FUELING SYSTEM P.O. BOX 328 WILSONVILLE, OREGON 97070-0328 503 · 682-3865 WATS 1-800-367-5077 FAX 503 ° 682-8726 o Bar Ale (Petaluma) Paul Lewis 707-763-4171 Customer since 1989 , East Bay Clarklifi, Inc. (Oakland) Abraham Shewarged 510-534-6566 Customer since 1992 . Sierra Detroit Diesel Allison (San Leandro) Peggy Hetlage 510-635-8991 Customer since 1993 More references are available upon request. Enclosed is our safety brochure, which is provided with each card, along with a copy of our billing brochure, which explains the enclosed example billings. Rino Pacific, Inc. offers two types of card systems, a one-card system and a two-card system. (See .Enclosures). In case of an emergency, please notify Rinehart Oil, Inc./Rino Pacific, Inc. in. Ukiah ~ 707-462-8811, or, Joy Williams ~ 1-8700-367-5077, Ext. 1, or Customer Service (~ 1- 800-367-5077, Ext. 2. '( STAT~NT OF ACCOUNT as of 12115/96 Date 12/09/96 12109196 12115/96 Balance Forward Discount Payment Invoice Total REMITTAl{CE Reference ... Detach Here ... Hake Check Payable To Balance 24,838.19 Discount (if paid by 12/27/96) 10309.15 gals. @ .070 721.64 Net A~ount Due 24,116.55 )aount ~closed Balance Due On Ot Before 12/31/96 Charges Credits Balance 14,781.70 24,451.96 603.45CR 23,848.51 13,792.02CR 10,056.49 24,838.19 Pay I24,116.55 by 12/27/96 to take advantage of I721.64 discount. If remittance made after 12/27/96, please pay I24,83B.19 Please DETACH ~II2AEE PONTIOH ~ Retm With Your Check Ikde Payable To Rind Pacific Please Keep Bottom Portion For Your Records. Please List Any Change In Company Name, Address Or Phone Number On Back Of Remittance. Balance due on or before 12/31/96 A LATE CHARGE OF 1.5% per month 4181 ANNUAl, PERCENTAGE RATE) is charged on 30 day balances (minimum charge f.50). You may be held responsible for legal fees and costs if legal action is required for collectiou. Discount Schedule 100 - 499 gals = .010 Your Customer Number Is 500 - 999 gals = .020 1000 - 1499 gals = .030 1500- 1999 gals = .040 2000 - 2499 gals = ,050 2500 ~ over gals = .060 Beginning Balance 24,451.96 Charges 14,781.70 Ending Credits Balance 14,395.47CR 24,838.19 INVOICE mit 12/15/96 Page 1 \ Card ! Nm ~ation Date Tine Odo~ Product Quantity Discounts Price ~unt 514959-1 514961-1 1170260-1 1170261-1 ~ -3022 Evergreen, I. Sacr~nto, CA l~ -3022 Evergreen, i. Sacranento, CA Card Total l~ -3022 Evergreen, I. Sacramnto, CA 1~ -3022 Evergreen, #. Sacr~nto, CA Card Total ~ -5777 S. French Camp Road, French Camp, CA U2 -2709 Teagarden, San Leandro, CA ACK-1330 Pacheco Blvd., Los Banos, CA UZ -130 East Robertson Blvd., Chowchilla, CA UZ -130 East Robertson Blvd., Chowchilla, CA UZ -130 East Robertson Blvd., Chowchilla, CA UZ -130 East Robertson Blvd., Chowchilla, CA UZ -130 East Robertson Blvd., Chowchilla, CA UZ -130 East Robertson Blvd., Chowchilla, CA ACK-1330 Pacheco Blvd., Los Banos, CA Card Total AA6-34243 S. Chrisman Road, Tracy, CA AA6-34243 S. Chrisman Road, Tracy, CA AA6-34243 S. Chrism Road, Tracy, CA AA6-34243 S. Chrism Road, Tracy, CA AA6-34243 S. Chrism Road, Tracy, CA ACK-1330 Pacheco Blvd., Los Banos, CA AA6-34243 S. Chrism Road, Yracy, CA UZ -130 East Robertson Blvd., Chowchilla, CA AA6-34243 S. Chrism Road, Tracy, CA UZ -130 East Robertson Blvd., Chowchilla, CA AA6-34243 S. Chrism Road, Tracy, CA ACK-1330 Pacheco Blvd., Los Banos, CA 0 - Ope~ng Od~ter 12/11/96 21:24 DIESEL GALS FULL TAX 12/14/96 20:39 DIESEL GALS FULL TAX M.P.G. Can't be Calculated 0 - Opening Odometer 12/12/96 12:14 88795 12/15/96 23:18 8937 42.85 162.99 D 1.42900 232.91 154.98 D 1.42900 221.47 317.97 454.38 DIESEL GALSFULL TAX 117.43 D 1.42900 167.81 DIESEL GALSFULL TAX 91.13 D 1.42900 130.22 M.P.G 208.56 298.03 441948 - Opening Odometer 11/30/96 15:25 442650 DIESEL GALSFULL TAX 95.00 12/02/96 0:45 443313 DIESEL GALSFULL TAX 89.00 12/03/96 23:09 443930 DIESEL GALSFULL TAX 80.03 12/05/96 18:52 444543 DIESEL GALSFULL TAX 79.08 12/07/96 18:53 445252 DIESEL GALSFULL TAX 89.98 12/10/96 19:02 445955 DIESEL GALSFULL TAX 91.86 12/11/96 18:45 446309 DIESEL GALSFULL TAX 45.94 12/13/96 18:59 447027 DIESEL GALSFULL TAX 90.11 12/14/96 18:43 447381 DIESEL GALSFULL TAX 47.88 12/15/96 19:11 447709 DIESEL GALSFULL TAX 37.02 7.72 M.P.G 745.90 113712 - Opening Odometer 11/30/96 4:11 114078 DIESEL GALS FULL TAX 53.07 11/30/96 15:18 114H6 DIESEL GALSFULL TAX 58.20 12/01/96 3:51 19 DIESELGALSFULL TAX 52.79 12/01/96 21:30 19 DIESELGALSFULL TAX 58.54 12/02/96 14:40 115562 DIESEL GALSFULL TAX 57.80 12/03/96 3:05 115841 DIESEL GALSFULL TAX 46.42 12/03/96 14:09 116303 DIESEL GALSFULL TAX 63.43 12/03/96 23:27 116514 DIESEL GALSFULL TAX 31.29 12/04/96 13:48 117045 DIESEL GALSFULL TAX 78.86 12/04/96 23:35 117514 DIESEL GALSFULL TAX 34.20 12/05/96 13:56 117778 DIESEL GALSFULL TAX 81.35 12/06/96 2:04 118047 DIESEL GALSFULL TAX ~6.46 D 1.42900 135.76 D 1.43900 128.07 D 1.42900 114.36 D 1.44900 114.59 D 1.44900 130.38 D 1.44900 133.11 D 1.44900 66.57 D 1.45900 131.47 D 1.45900 69.86 D 1.43900 53.27 1077.44 D 1.41900 75.31 D 1.41900 82.59 D 1.41900 74.91 D 1.41900 83.07 D 1.41900 82.02 D 1.42900 66.33 D 1.41900 90.01 D 1.44900 45.34 D 1.41900 111.90 D 1.44900 49.56 D 1.41900 115.44 D 1.43900 66.86 INVOICE ..t 12/15/96 Page Card !#ame kntion 116-34243 S. Chrisman Road, Tracy, CA AA6-34243 S. Chrisman Road, Tracy, CA AA6-34243 S. Chrism Road, Tracy, CA AA6-34243 S. Chrism Road, Tracy, CA AA6-34243 S. Chrism Road, Tracy, CA AA6-34243 S. Chrism Road, Tracy, CA AA6-34243 S. Chrism Road, Tracy, CA UZ -130 East Robertson Blvd., Cho~chilla, CA 1t6-34243 S. Chrism Road, ?racy, CA ACK-l]30 Pacheco Blvd., Los Banos, CA 1t6-34243 S. Chriaan Road, Tracy, CA UZ -130 East Robertson Blvd., Cho~chilla, CA 116-34243 S. Chris,an Road, Tracy, CA ACK-1330 Pacheco Blvd., Los Banos, CA 1t6-34243 S. Chriaan Road, Tracy, CA UZ -130 ~st Robertson Blvd., Chowchilla, CA 116-34243 S. Chrism Road, Tracy, CA 116-34243 S. Chrism Road, Tracy, CA tl6-34243 S. Chrism Road, Tracy, CA UZ -130 East Robertson Blvd., Cho~chilla, CA Card Total 1170262-1 .. 116-34243 S. Chrisman Road, Tracy, CA AA6-34243 S. Chrisman Road, Tracy, CA 116-34243 S. Chrism Road, Tracy, CA 116-34243 S. Chrism Road, Tracy, CA AA6-34243 S. Chrism Road, Tracy, CA AA6-34243 S. Chrism Road, Tracy, CA AA6-34243 S. Chrisman Road, Tracy, CA UZ -130 East Robertson Blvd., Chowchilla, CA 116-34243 S. Chrisman Road, Tracy, CA UZ -130 East Robertson Blvd., Chowchilla, CA 116-34243 S. Chrisman Road, Tracy, CA AA6-34243 S. Chrisman Road, Tracy, CA 116-34243 S. Chrisman Road, Tracy, CA UZ -130 East Robertson Blvd., Chowchilla, CA AA6-34243 S. Chrisman Road, Tracy, CA 116-34243 S. Chrisman Road, Tracy, CA 116-34243 S. Chrisman Road, Tracy, CA Date ?ime Odo~ Product Quantity 12/06/96 14:00 118519 DIESEL GALS FULL TAX 61.26 12/07/96 5:30 118887 DIESEL GALSFULL TAX 47.92 12/07/96 14:14 119254 DIESEL GALSFULL TAX 59.55 12/08/96 4:21 119621 DIESEL GAI4FULL TAX 48.10 12/08/96 14:34 119989 DIESEL GALSFULL TAX 55.61 12/09/96 3:18 120354 DIESEL GALSFULL TAX 49.28 12/09/96 14:38 120772 DIESEL GAI~S FULL TAX 61.40 12/09/96 23:00 120933 DIESEL GALSFULL TAX 33.45 12/10/96 14:45 121465 DIESEL GALSFULL TAX 86.86 12/11/96 1:45 121783 DIESEL GALSFULL TAX 47.92 12/11/96 14:22 122207 DIESEL GALSFULL TAX 64.60 12/11/96 22:47 122419 DIESEL GALSFULL TAX 32.41 12/12/96 14:10 122941 DIESEL GALSFULL TAX 77.19 12/13/96 2:13 123260 DIESEL GALSFULL TAX 45.78 12/13/96 13:57 123683 DIESEL GALSFULL TAX 66.50 12/13/96 22:55 23894 DIESEL GALSFULL TAX 31.01 12/14/96 14:16 124418 DIESEL GALSFULL TAX 81.49 12/15/96 4:07 124785 DIESEL GALSFULL TAX 48.71 12/15/96 13:26 125521 DIESEL GALSFULL TAX 56.71 12/15/96 23:17 125365 DIESEL GALSFULL TAX 29.59 6.66 M.P.G 1747.75 90303 - Openin9 Odometer 11/30/96 16:56 90669 DIESEL GALS FULL TAX 52.95 12/01/96 9:58 91039 DIESELGALS FULL TAX 52.46 12/01/96 22:48 91408 DIESELGALSFULL TAX 58.84 12/02/96 17:18 20 DIESEL GALSFULL TAX 52.38 12/03/96 14:49 20 DIESEL GALSFULL TAX 59.42 12/04/96 15:14 92523 DIESELGALSFULL TAX 56.12 12/05/96 6:38 93125 DIESELGALSFULL TAX 86.50 12/05/96 19:46 93413 DIESELGALSFULL TAX 42.99 12/06/96 6:33 93861 DIESELGALSFULL TAX 60.56 12/06/96 15:24 94071 DIESELGALSFULL TAX 27.99 12/07/96 5:35 20 DIESEL GALSFULL TAX 76.80 12/07/96 20:08 94974 DIESELGALSFULL TAX 53.91 12/08/96 5:08 20 DIESEL GALSFULL TAX 53.61 12/08/96 17:57 95639 DIESELGALSFULL TAX 45.01 12/09/96 5:10 20 DIESEL GALSFULL TAX 65.68 12/09/96 20:55 96462 DIESELGALSFULL TAX 55.01 12/10/96 5:15 20 DIESEL GALSFULL TAX 58.52 Discounts Price 1.41900 1.41900 1.41900 1.41900 1.41900 1.41900 1.41900 1.44900 1.41900 1.43900 1.41900 1.44900 1.41900 1.43900 1.43900 1.45900 1.43900 1.43900 1.43900 1.45900 1.41900 1.41900 1.41900 1.41900 1.41900 1.41900 1.41900 1.44900 1.41900 1.44900 1.41900 1.41900 1.41900 1.44900 1.41900 1.41900 1.41900 Amount 86.93 68.00 84.50 68.25 78.91 69.93 87.13 48.47 123.25 68.96 91.67 46.96 109.53 65.88 95.69 45.24 117.26 70.09 81.61 43.17 2494.77 75.14 74.44 83.49 74.33 84.32 79.63 122.74 62.29 85.93 40.56 108.98 76.50 76.07 65.22 93.20 78.06 83.04 INVOICE ~ 12/15/96 Page 6 \ Card I Name Location 5Y -I-5 ~ VZ -19845 VZ -19845 Main Street VZ -19845 Main Street VZ -19845 Main Street VZ -19845 Main Street VZ -19845 Main Street VZ -19845 Main Street VZ -19845 Main Street VZ -19845 Main Street VZ -19845 Main Street VZ -19845 Main Street VZ -19845 Main Street VZ -19845 Main Street Card Total Highway 20, Williams, CA Main Street Cottonwood, CA Cottonwood, CA Cottonwood, CA Cottonwood, CA Cottonwood, CA Cottonwood, CA Cottonwood, CA Cottonwood, CA Cottonwood, CA Cottonwood, CA Cottonwood, CA Cottonwood, CA Cottonwood, CA Invoice Total Date Time Odo~ Product 12/03/96 21:22 17 DIESEL GALS FULL TAX 12/04/96 20:02 17 DIESEL GA~S FULL TAX 12/05/96 19:57 17 DIESEL GALS FULL YAX 12/06/96 19:59 17 DIESEL GALS FULL TAX 12/07/96 20:00 17 DIESEL GALS FULL TAX 12/09/96 12:06 428800 DIESEL GALS FULL TAX 12/09/96 12:08 428800 DIESEL ~ FULL TAX 12/10/96 4:25 429160 DIESEL GALS FULL TAX 12/10/96 4:29 42 DIESEL C, ALS FULL TAX 12/11/96 4:36 429811 DIESEL GALS FULL TAX 12/12/96 4:35 430461 DIESEL GALS FULL TAX 12/13/96 4:29 431111 DIESEL GALS FULL TAX 12/14/96 4:30 431762 DIESEL GALS FULL TAX 12/15/96 2:46 10 DIESEL GALS FULL TAX M.P.G. Can't be Calculated 9.96 M.P.G. Quantity 89.10 69.00 92.01 75.66 88.01 36.86 16.52 45.73 6.97 85.00 80.42 81.39 89.00 80.00 994.67 Discounts Price 1.46900 1.42900 1.42900 1.43900 1.43900 1.43900 1.43900 1.43900 1.43900 1.43900 1.43900 1.44900 1.44900 1.44900 Amount 130.89 98.60 131.48 108.87 126.65 53.04 23.77 65.81 10.03 122.32 115.72 117.93 128.96 115.92 1434.30 Type "D" tzansactions: Total Fuel Purchases Total Non Fuel Purchases Total ALL Purchases Fuel Purchases Included in Volume Discount 10,309.15 .00 10,309.15 10,309.15 14,781.70 .00 14,781.70 Vehicle Sugary Report ~*~ 12/15/96 Page 0514959-1 0514961-1 1170260-1 1170262-1 1170263-1 1170264-1 State Product tax Type Fuel Units N/Fuel Unit of Federal State Units Measure Excise Excise DIESEL FULL tAX 317.97 GALS Driver Total 317.97 DIESEL FULL TAX 208.56 GALS Driver Total 42.85 ~ 208.56 DIESEL FULL TAX 745.90 GALS Driver Total 7.72 MPG 745.90 DIESEL FULL TAX 1,747.75 GALS Driver Total 6.66 MPG 1,747.75 DIESEL FULL TAX 1,557.30 GALS Driver Total 6.76MPG 1,557.30 DIESEL FULL TAX 739.01 GALS Driver total 739.01 DIESEL FULL TAX 639.03 GALS Driver Total 7.78 MPG 639.03 State State I~cal Other Sales Excise 77.27 77.27 57.24 57.24 26.84 26.84 50.68 50.68 37.54 37.54 17.60 17.60 181.27 134.26 181.27 134.26 67.67 67.67 424.72 424.72 314.60 314.60 155.81 155.81 378.47 378.47 280.32 280.32 139.38 139.38 179.58 179.58 133.02 133.02 62.91 62.91 155.29 155.29 115.03 115.03 56.52 56.52 I~oice Amount 454.38 454.38 298.03 298.03 1,077.44 1,077.44 2,494.77 2,494.77 2,221.67 2,221.67 1,063.81 1,063.81 918.24 918.24 1170265-1 1441221-1 DIESEL FULL TAX 814.43 GALS Driver Total 7.35 MPG 814.43 197.92 146.60 197.92 146.60 75.05 75.05 1,169.85 1,169.85 Vehicle Sugary Report ~"~ 12/15/96 Page Card 1441222-1 1441223-1 1441224-1 1441225-1 State Product DIESEL Driver Total DIESEL Driver Total DIESEL Driver Total DIESEL Driver Total DIESEL Driver Total Tax Type FULL YAX 5.O4 MPG FULL TAX 32.17 FULL YAX 7.70 FULL TAX Fuel Units N/Fuel Unit of Federal State State Units Measure Excise Excise Other 775.77 GALS 188.51 139.65 775.77 188.51 139.65 State Sales 65.54 65.54 Iz, cal Excise 648.03 GALS 157.49 116.66 648.03 157.49 116.66 55.51 55.51 668.66 GALS 162.48 120.36 668.66 162.48 120.36 56.43 56.43 452.07 GALS 109.84 81.37 452.07 109.84 81.37 38.22 38.22 994.67 GALS 241.72 179.03 994.67 241.72 179.03 84.84 84.84 Invoice Amount 1,109.17 1,109.17 937.78 937.78 955.51 955.51 646.75 646.75 1,434.30 1,434.30 DIESEL FLEET TOTAL FULL TAX 10,309.15 GALS 9.96 MPG 10,309.15 2,505.24 1,855.68 2,505.24 1,855.68 902.32 902.32 14,781.70 14,781.70 RINO PACIFIC THE COMMERCIAL FUELING SYSTEM P.O. Box 607 Wilsonville, Oregon 97070-0607 TWO CARD SYSTEM DEFINITION: A Two Card system requires a DRIVER CARD and a VEHICLE CARD. In order to get authorization for fuel, both Cards must be used. The system then will record both card numbers to indicate which vehicle was fueled by which driver. OPERATION: 1. Insert nozzle in vehicle tank. Do not lock triger on nozzle in "on" position at this time. 2. Insert DRIVER (card #1) Card in reader. Remove card immediately. 3. Enter 4 digit security number. Press ENTER. 4. Insert VEHICLE (card #2) card in reader. Remove card immediately. 5. Enter 5 digit odometer or other number. Press ENTER. 6. Enter pump number. Press ENTER. 7. Activate nozzle. If the nozzle is activated too quickly, a leak detector will auto- matically slow pumping to a trickle. If this happens, release the trigger on the nozzle and wait 10 seconds. Turn the trigger back on and pumping should be normal. DO NOT PUT YOUR SECURITY NUMBER ON OR WITH YOUR CARDS. FEATURES: 1. Itemizes record-keeping per vehicle. 2. Itemized record-keeping per driver. 3. One Card cannot be used without the other. ,J 3 Hake Check Payable To S' STATE~T OF ACCOONT as of 12/15/96 Oate 12115196 R E M I T T A I C E ... Detach Here ... Refemce Balance Forward Invoice Total ~ual Safety ~raining: aeninder to all card holders to please reviev the safety training brochm that vas encloded in the previous billing. Happy llolidaN. ttitiiiiiillliititililittiiiililittilllitilitilitili Please ~llC~ REMITTANCE ~TIO! And Return ~ith ~ lair Check Made Payable To ~trofueling Inc. t Please Keep Botto~ ~rtion For Your Records. t Please List Any Change In Company i~e, ~ddress Or Phone lumher On Back Of Remittance. Balance 10,305.64 Discount (if paid by 12/27/96) 2874.76 gals. 8.000 .00 ~et ~unt Due 10,305.64 3-28657 ~unt Enclosed Bal~e Due On Or Belore 12/30/96 Charges Credits Balance 6,724.86 3,500.78 10,305.64 Balance due on or before 12/30/96 A LATE CHARGE OF 1.5% per month (IH ANNUAL PERCENTAGE RATE) is charged on 30 day balances (minimin charge $.50). You may he held responsible for legal fees and costs if legal action is required for collection. Your Customer Number Is Beginning Balance 6,724.86 Charges 3,580.78 Ending Credits Balance .00 10,305.64 INVOICE .m 12/15/96 Page 1 \ Card J mame ~ation -'~ 0'/000 11-335 .~ 41264 159169~-1 JO~ S~UgLSON 64 WG -706 Cedar, Marysville, WA WG -706 Cedar, Marysville, WA WG -706 Cedar, Marysville, WA Card Sub-total 1591710-1 ~PH LANE 63 WG -706 Cedar, Mary~ville, WA Card Sub-total 1594019-1 TIM CONNER 63 WG -706 Cedar, Marysville, WA WG -706 Cedar, Marysville, WA Card Sub-total Card Total 07001 11-329 41264 1591697-1 CHRIS DALGARN 64 ~-3104-116th Street N.E., Marysville, WA WG -706 Cedar, Marysville, WA Card Total 07002 11-349 41264 1591698-1 DOUG LEHNING 64 WG -706 Cedar, Marysville, WA WG -706 Cedar, Marysville, WA WG -706 Cedar, Marysville, WA Date Time Odom Product 18568 - Opening Odometer Quantity Discounts Price ~unt 12/02/96 12:09 27631 NO LEAD GALS FULL TAX 11.00 D 1.12900 12.42 12/06/96 11:33 27505 NO LEAD GALS FULL TAX 11.93 D 1.13900 13.59 12/11/96 12:43 27816 NO LEAD GALS FULL TAX 13.00 D 1.13900 14.81 35.93 40.82 12/05/96 6:51 54925 NO LEAD GALS FULL TAX 12/04/96 6:40 27843 NO LEAD GALS FULL TAX 12/07/96 6:21 28062 NO LEAD GALS FULL TAX M.P.G. Can't be Calculated 94416 - Opening Odometer 20.00 D 1.12900 22.58 20.00 22.58 16.20 D 1.12900 18.29 12.20 D 1.13900 13.90 28.40 32.19 84.33 95.59 12/02/96 16:24 94722 NO LFa~D GALS FULL TAX 12.96 D 1.18900 15.41 12/06/96 12:24 95083 NO LEAD GALS FULL TAX 14.20 D 1.13900 16.17 24.56 M.P.G 27.16 31.50 90388 - Opening Odometer 12/02/96 15:02 90644 NO LEAD GALS FULL TAX 10.95 D 1.12900 12.36 12/05/96 10:32 90096 NO LEAD GALS FULL TAX 11.70 D 1.12900 13.21 12/10/96 17:09 91253 NO LEAD GALS FULL TAX 12.00 D 1.13900 13.67 Card Total 24.96 M.P.G 34.65 39.24 RINO PACIFIC An Independent Franchisee of THE COMMERCIAL FUELING SYSTEM P.O. BOX 328 WILSONVILLE, OREGON 97070-0328 503 · 682-3865 WATS 1-800-367-5077 FAX 503 · 682-8726 Pricing Proposal. Cardlock Fuel Pricing through the card'lock is very different than bulk fuel pricing. Here is a break down. of costs and our proposal to supply the City of Ukiah. These prices are based on Dec. 5th, 1996. Per your request. Base Prices; U/L Dsl. Midgrade .61810 .68160 .65810 Example: (Formula for cardiock pricing) Base Price + Fed. Tax + State Tax + Freight + Other + Sales Tax + Mark-up= Price Cardlock Prices ( Full Tax ) Dec. 5th, 1996 U/L 1.26/9 Discount Your Price/w-Tax .07 1.19/9 Diesel 1.42/9 .07 1..35/9 U/L + 1.32/9 .07 1.25/9 Rino Pacific, Inc. prices fluctuate with the open market. Our prices are generally good throughout the week, unless there is substantial movement during the week whiCh would warrant a change. Page 7 RFP- Fuel Purchase Through Card Lock System DETAILED SPECIFICATIONS - PETROLEUM PRODUCTS PROPOSAL FORM Specification Estimated OPIS Base pdce Fuel Vendor's Mark-upTOTAL PRICE TOTAL COST Quantity (gallons) (fixed for week ofPdce (includes freight) (per gallon; not Dec. 5, 1996) including taxes or fees) (A) (B) (C) (D) = (S) + (C) (E) = (O) X (A) DIESEL FUEL, r~(~¢. ~,~ -,~% AUTOMOTIVE ASTM D 975 Clear, CA ARB No. 2, O. ~/~ Non-Dyed 29,000 0.6877 REGULAR UNLEADED GASOLINE ASTM D 439 EPA, CA ARB, Minimum . Octane of 87 Must O. ~/~'/ contain M.T.B.E. 54,500 0.6661 UNLEADED PLUS GASOLINE Minimum Octane of 89 Must ~, ~6 ~'! contain M.T.B.E. 14,000 0.7122 TOTAL PROPOSAL > checked all of the figures stated on the above DETAILED SPECIFICATIONS and accepts full responsibility for any error or omission in the preparation of this proposal. This proposal is submitted by (check one): Individual Owner ... Partnership ."~orporation Other Legal Name of Fuel vendor: (Specify) Address of Fuel vendor: Phone Number: Datod: N~ICKDOCS~CARDLOCK. RFP .... ~..' ~,.~',:~.' "~'. ,?.' ,'? ".':'~ ';,,'"~'.'r'AI ii;nl~NIA '"S~'~TF *BOARD 'OF ,EOUALIZ~TION .~.~.~., ?~ . ..... ~ .~ ~~.. ,,. ........ ~,. ., , . ,... .. .,.~, ~ ,,.. ~ ~;~..;~,, ,~ .. . . . ,. .... , ..... . ........ .. .... ..... ~' '.'..'. ':-'~'" .... '":~..; "~'-"~' A~OuNT NUMBER' ATE ANY ILLEGAL":; '~' · '." ': DEVICE. -:'i:' :': i . .-::.: ?:: ' :!. ?. ".. ,. "~'.. -. ?:... :;"~ .'~.~:',' ~!.'.,?' ' ,, '. , ' :, ':~., '. ;',' ,, TO"[NGAGE IN;~:THE'' BUSINESS OF "SELLING TANGIBLE~;PE~ ;.J'.~' ~ .q'"'.~'.. '*~T,~ ~ '.",./; /~'?,?'1 ~::',~"i~'~."iT.is .VAu~ ' *~ *~:~' ~ I ~-'~;~'~.rrH rn * IUT *" IS * 'NOT~TRANSFERABLE ',"/>: *~'~: '. :'.:; :~ ';";~ ~'~': ': ''~ "."<;;"?:~, {~';/?::~:::~:.' ' ~ ~'' "*: ' ~ .~' ...... ~ ~ ~ ~ ~, .. ........ . . , _. , , ~; ........ ~ ..... ., . ~ . ~..~ .~ <. ~> ~ ~. · ~ . . , ..... -,'. an ofher~addres .... ... ~. , ~ ,~, . -~ ~ ., ....... ~. ..... ~ ........ .,,~:.:~ :,..:~?.~ ~.,~.,t~... ~-,- .~,...~?,;~,,~. ,.,. .~,. :?,~.~,.,~:,~,~,~ :...,, .. . .~ .... ,, .,, .... . . .... , ---~ _ ...... ~ __ ~( , ..- ~ .,, . ,'~:' ~ ·, ~ ..~..: ,~:.. ~, .,:~ .... , · . _ .. . ...... ~%~ ~---:T~._ ,,.,.._~. , .~, , ,,., ~..: · . .. ,> ,., .: . , . :S:PERMIT . ~.:~; ..,,- ',;~,, .-;,':'.~:,...i':'.~:::, ! :~, ~:.. ~' '";::~ ~'.,? . ,::.:,.;:~',':~'~?~;~?~.'~ '?: AccOUNT ] .' '~ ~ ,~ , ~. ' '. .,',"'. :. · ....': .;'~, ..,~:~'~'.~../'~'.:/:,.~."~-: ,;,:~;{:;;;,".~,~'k., :~.' -,...', ~. ~ : ' *. '. -,' · ~ '~" . . . THIS PERMIT DOE5~ .~, ,, ,~ ?,,./':.. :? ,{ :,, .~. ~.~.';,~.~,.:,,--?';,.;.~{'..~..,~?~..?. ~.~,;'~.: ' , ~:..'..~: ,. :;', . . . .'* ~.'.. , . "' '. . '; ;" NOT ~UTHORIZE THE.;~:. :. ;:' :~.. /;{,'. ~,:. ~;",~'~::'~=;:~'~'~?';;.~," "~.-~:;.~ ;"' / '.~'~.~.' . . , .'*', .. · '- ', ' ' IN .ANY BUSINESS" :/ "'" '">'"' ~'~',~' ; .... e. :...:.- ....... ,,' . ' '~-' - REGULATING '~HAT:;': "./~:~'~'~"'~."~'~ ~.v~., ~...:~ ~ ,. ' ~ .~ · . :,.:;. ~:..:',~ .-':..~:." . ....'. . ' BusINE~S OR TO":'"'~'~;;''''~::'':'''~: ' ~i'~'~'~'~'~'~/~:~".~ ~'~'~ ~*' .... - ' ' - ..... ~ ~ n~ER .*~4~. ~*":'~, ~~ ~.~'-. :~ * ',.. ' : ~ '' ~ .... .~:..--~:~,:~,~,:,;~,.~/,~.,~..,~-,: ..:.~,..:...~... , .. ,:. ~ . ,- :~ .... , , .,. ,., >. ; :. ~,,:, ?.~';.:,f ~*,,.::~ ~..- ... .., . .:> , . .~.~ ..... .: I'':~'. ...... .~ :*,~ ......... ~.-~; '-'~ ....... ?;t;L :,~ .... "".'..' .... '/'/.~ ,.' '. ~,r.~ ..?:.~:.~:?..:;.:..,. __.. ,:.:~ .. '. .' . . · ~ ~,,:.......:. ~,.,' '~ ' kLES AND USE'T~X~LAW '~''' ~G TANGIBLES;PErSONAL :'~*' ': ,. California Environmental Protection Agency # 05350 AIR RESOURCES BOARD Expires: 6/30/97 "o' ' · "' ' '. ~ '.~' ·~ · Motor Vehicle Fuel Dis~ cateOf Corn:~ [iance ~h~ ~omp~ny o~ indi~idu~' ~m~d ~,~i'has'~c;mp~i~ :~ii~:~e~Id'~:~a s~u, s~ion 4302~ ~nd is registered with the Ak Reso~ces Bo~d as 'a motor vehicle fuel ~sfbutor. Issued to: RINEHART OIL TNO. ..~ P.O. BOX 725 '"' · CA 95482-0725 For inquiries: P.o. Box 2815 Sacramento, CA 95812 s J. Morgcstcr, Chicf Compliancc Division Chuck Bcddow, Managcr Field Enforccmcnt $cction (916) 322-6033 NON TRANSFERABLE klC EXP 91301 96 NUMBER 415Z5 1101011961 44519 BUSINESS CLASS WHOLESALE MERCHANT BUSINESS LOCATION 2401 ~ N ' STATE ST UKIAH ' NON REFUNDABLE BUSINESS LICENSE FEE PAID QUARTER ANNUAL Ifz/M~l $ ,.:,.oo PENALTY $ PHONE 462-881 1 TOTAL $ 42. O0 BUSINESS: ADDRESS: LICENSEE PETROLEUi~ DISTRIBUTOR PO 801 725 UKIAH :' CA RINEHART OIL, INC' 95482 09-27-96 BY I ""'.":' ,....¢'~(._ L k.--'1~- DEPUTY TREASURER-TAX CO~ECTOR ITEM NO. 5e MEETING DATE: 2/19/97 AGENDA SUMMARY REPORT Suso~CT: Joining amicus brief in Johanna Trevino v. Daryl Gates, et al. SUMMARY: As the attached letter from the City Attorney in Los Angeles explains, cities are being asked to join a "friend of the court" brief in the above-referenced case. 42 U.S.C. Section 1988 is a federal statute that allows the plaintiffs to recover their attorneys fees from the defendants, if the plaintiffs prevail in a federal civil rights action under 42 U.S.C. Section 1983. Section 1983 gives a citizen who has been deprived of a right provided by federal law a right to sue in federal court, if that federal right was abridged under color of state law; that is, by an employee or official of a city or county. Generally, Section 1983 is used to sue cities and counties for constitutional violations. In the Trevino case, the plaintiffs sought attorneys' fees based on hourly rates paid to private lawyers handling "comparable litigation," even though the city was able to hire defense lawyers at a substantially lower hourly rate. The Ninth Circuit federal court of appeal, consistent with earlier holdings, held that the trial court could not consider this evidence in determining a reasonable hourly rate. Since the plaintiffs are seeking review in the U.S. Supreme Court, the City of Los Angeles wants the Supreme Court to address this issue as well. Under the current rule, plaintiffs in these cases sometimes recover compensation at rates of $300-$500 per hour, which, of course, must be paid by taxpayers in cities and counties. Los Angeles argues that a court should be free to consider the rates the defendant paid its lawyers in determining a reasonable fee to pay the plaintiffs' lawyers. If the City Council authorizes it, the City of Ukiah would be [Continued on page two.] RECOM~=~ED ACTION: Approve authorization to join amicus brief. ALTERNATIV= COUNCIL POLICY OPTIONS: Do not approve authorization. Acct. No. (if NOT budgeted): N/a Citizens Advised: N/A Requested by: David J. Rapport, City Attorney Prepared by: David J. Rapport, City Attorney Coordinated with: N/a Attachments: Letter from Katherine,_~. Hami~n Approved: ~/~ '.~l~-n ~ [Continued from page one.] listed on the amicus brief. It will not cost the City anything to join the brief, but it will show its support for the request by Los Angeles that the Supreme Court review this issue. s:\u\agenda96\amicus.tre February 12, 1997 JAMES K. HAHN CITY ATTORNEY ( ffice o{ c ttorne ~o~ c~ngele~, ~alifornia January 27, 1997 CRIMINAL BRANCH (2 ! 3) 485-5452 CIVIL BRANCH (213) 485-6370 W~ITER'S DIRECT DIAL (213) 485-7400 NUMBER TO ALL CALIFORNIA CITY ATTORNEYS. RE: Johanna Trevino v. Daryl Gates, et al. I am writing to urge you to join in the amicus brief which is being authored by Timothy T. Coates of Greines, Martin, Stein & Richland in support of the City of Los Angeles' Cross-Petition for Writ of Certiorari in the above case. The City, and various municipal defendants including City Councilmembers, were defendants and appellees in the Ninth Circuit opinion which affirmed the judgment on the merits but reversed as to the 42 U.S.C. § 1988 attorney's fee award. See Trevino v. Gates, 99 F.3d 91 1 (gth Cir. 1996). Mr. Stephen Yagman, plaintiff's counsel, has filed a Petition for Writ of Certiorari challenging the Ninth Circuit's holding that City Councilmembers were entitled to qualified immunity for voting to indemnify defendant police officers for punitive damages pursuant to California Government Code § 825. The City will file a response to the Petition, but has also decided to file a Cross-Petition on the attorney's fee issue. The district court judge, in fixing an appropriate hourly rate, had considered evidence submitted by defendants that the City paid private counsel retained to represent municipal defendants hourly fees ranging from $130 to $175 per hour. The Ninth Circuit held that this was error, noting that not only are defense counsel not in the same "legal market" as plaintiff's counsel for purposes of ascertaining an appropriate hourly rate, but also that they are no longer considered "private" counsel once representation of a public entity or employee is undertaken. Trevino is the first Ninth Circuit case which has ruled directly that evidence of rates paid by public entities to retained private defense counsel are not admissible when calculating § 1988 fees. This is obviously of concern to public entities across the state, since such evidence is critical to counterbalance the inflated rates requested by plaintiff's counsel (now $400-$500 per hour in Los Angeles) when courts limit the relevant legal market to only plaintiff's civil rights attorneys. The City of Los Angeles will ask the Supreme Court to define the relevant market community more broadly to include private defense counsel representing public entities and thus allow evidence of hourly rates paid to defense counsel to be admitted and considered by the court when awarding § 1988 fees. AN EQUAL EMPLOYMENT OPPORTUNITY-- AFFIRMATIVE ACTION EMPLOYER TO ALL CALIFORNIA CITY ATI'ORNEYS January 27, 1997 Page Two We would be very grateful for your participation in the amicus brief in this case. Enclosed is an "Authorization to Join Amicus Brief" which we would request you complete and return at your earliest convenience to Mr. Timothy T. Coates. The Cross-Petition for Certiorari will be filed by the City on January 31, 1997, and your Authorization should be returned to Mr. Coates no later than February 2:1, 1997. Please feel free to call me with any questions, or you may contact Mr. Coates directly at (310) 859-7811. Thank you in advance for your anticipated support. KJH:wp Enclosure Very truly yours, JAMES K. HAHN, City Attorney KATHERINE J. HAMILTON, Assistant City Attorney AUTHORIZATION TO JOIN AMICUS BRIEF TO: Timothy T. Coates Greines, Martin, Stein & Richland 9601 Wilshire Boulevard, Suite 544 Beverly Hills, California 90210-5215 I hereby authorize you to include the City of , California as an amicus party in the amicus brief that is being prepared in support of the City of Los Angeles' Cross-Petition for Writ of Certiorari in the case of Johanna Trevino v. Dar¥1 Gates, et al., U.S. Supreme Court case number 96-1079. I hereby represent and warrant that I have the authority to grant this authorization on behalf of said City. CITY A~ ~ORNEY (Printed Name) Address- ITEM NO. 5f DATE: _February 19, 1997 SUBJECT: Notification to Council Relative to Award of Bid for Trenching Services to Wipf Construction in the amount of $7,210.75. REPORT: In order to complete the Electric Department' s plan for a redundant feed to serve the Redwood Business Park, the Mendocino Brewery and the City Wastewater Treatment Facility, it was necessary to rebuild the distribution line from the Corporation Yard to the Mendocino Brewery property along Airport Road. Due to the number of poles and conductor that would require replacement, and since there are no obstacles to trenching in this area, the cost of undergrounding the lines appears to be a prudent alternative. Therefore, bids were requested of three contractors to perform the trenching work. The bids were as follows: Wipf Construction $ 7,210.75 Valley Paving $11,400.00 Ferranti Construction $ 7,700.00 This work was budgeted in account 800-3646-250. As required by the City of Ukiah purchasing policy, staff is noticing Council of the bid award. RECOMMENDED ACTION: Receive Report Relative to Award of Bid for Trenching Services to Wipf Construction in the amount of $7,210.75. ALTERNATIVE COUNCIL POLICY OPTIONS: Direct Staff as to Alternative. Citizen Advised: None Requested by: Darryl L. Barnes, Director of Public Utilities Prepared by: Stan Bartolomei, Electrical Operations Supervisor Coordinated with: Candace Horsley, City Manager Attachments: None APPROVED~_~ '~ ca~ce Horsle~, City~anager ITEM NO. 7a DATE: February 19, 1997 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION ESTABLISHING CAPITAL IMPROVEMENT FEES TO BE IMPOSED ON DEVELOPMENT WITHIN THE AIRPORT INDUSTRIAL PARK (CONTINUED FROM FEBRUARY 5, 1997) SUMMARY: Staff requests that this Public Hearing be terminated. At a recent meeting with the major developer of the Airport Industrial Park staff became aware of additional issues that are to be addressed in the report. Since there is insufficient time to revise the report and provide the required public notice, staff is proposing that the public hearing be terminated and a new public hearing be noticed when the report revisions have been made. RECOMMENDED ACTION: Terminate the public hearing and direct staff to notice a new public hearing upon revision of the Airport Industrial Park Capital Improvement Fee Engineering Report. ALTERNATIVE COUNCIL POLICY OPTIONS: None. Acct. No. (if NOT budgeted): N/A Acct. No.: Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: Rick Kennedy, Director of Public Works/City Engineer Prepared by: Rick Seanor, Deputy Director of Public Works Coordinated with: Candace Horsley, City Manager Rick Kennedy, Director of Public Works/City Engineer Attachments: None. APPROVED: Ca n-'d-~ce Horsley, ger RJS:AGClF6.SUM AGENDA SUMARY 7b ITEM NO. DATE: February 19, 1997 REPORT SUBJECT: INTRODUCTION OF ORDINANCE AMENDING THE CITY ZONING MAP TO REZONE 10 LOTS IN THE MISCELLANEOUS AREA NO. 2 GENERAL PLAN REZONING AREA SUMMARY: In December of 1995, the City Council formally adopted a new General Plan for the City. One of the first tasks of implementing the new General Plan is to revise ordinances and other regulatory "tools" to be consistent with the Plan. Accordingly, over the past year, staff has initiated a series of zoning map and ordinance revisions based upon the direction provided in the new General Plan. Phase No. 8(B) of the city-wide General Plan rezoning program involves 154 lots situated in what is referred to as the Miscellaneous Area No. 2 rezoning area (see map attached to the draft ordinance). This rezoning area involves 10 parcels just north of Low Gap Road; 34 parcels situated along El Rio Street and Yosemite Drive; 104 parcels in the Marlene/Betty/Lorraine Street neighborhood; 3 parcels along Caldwell Frontage Road east of Highway 101; and 3 parcels between Mulberry Street and Dora Avenue just north of Washington Street. (continued on page 2) RECOMMENDED ACTION: Introduce by title only the ordinance amending the City Zoning Map rezoning 10 lots in the Miscellaneous Area No. :2 General Plan rezoning area. ALTERNATIVE COUNCIL POLICY OPTION: 1. Do not introduce the proposed ordinance, and provide direction to staff. Citizen Advised: All affected and adjoining properties owners duly noticed Requested by: Planning Department Prepared by: Charley Stump, Senior Planner Coordinated with: Candace Horsley, City Manager and Bob Sawyer, Planning Director Attachments: 1. Ordinance amending the City Zoning Map 2. Planning Commission Staff Report, dated January 22, 1997 3. Planning Commission Minutes, dated January 22, 1997 APPROVED: Candace Horsley, City IV~nager Planning Commission Hearing On January 22, 1997, the Planning Commission conducted a public hearing and discussed the issues concerning the possible rezoning actions. After public testimony and considerable discussion, the Commission deviated from the General Plan on a significant number of the parcels, and is recommending that only 10 of the 154 parcels be rezoned consistent with their new General Plan Land Use Designations. They are recommending that the remaining 144 lots be included in the General Plan Amendment and Rezoning package for consideration at the conclusion of the City-wide rezoning program. The rezoning groupings, and the Planning Commission's recommendations are discussed below. ITEM #1: P-D to P-F This item consists of 3 parcels separated into 2 subgroups. Subgroup #1: This 15.55 acre parcel is owned by the Russian River Cemetery District, and is situated adjacent to the existing cemetery along Despina Drive east of the High School. It is currently used as a vineyard, and single family residential development is situated adjacent to the north. The Planning Commission and staff recommend this rezoning because the parcel is "surplus" property owned by the Cemetery District, and is intended for future public facility use. Subgroup #2: This subgroup consists of 2 parcels comprising the southern portion of the 12th District Agricultural Association Fairgrounds. The northern portion is situated outside the City Limits and has been assigned the "P-F" zoning classification by Mendocino County. Based upon the existing and anticipated future use of the site, the Planning Commission voted unanimously to recommend this rezoning action. Staff supports this recommendation. ITEM #2: R-3 to R-2 These 7 parcels are located on the northwest corner of Low Gap Road and Bush Street, and are developed single family residences, a duplex structure, the Even Start Family Literacy program building (School District), and a portion of the Cemetery. Based upon the location of the parcels, and their close proximity to public services, commercial land uses and major transportation routes, the Planning Commission concluded that the "R-3" zoning classification is more appropriate than the "R-2" suggested in the General Plan. Accordingly, they are recommending no rezoning action on these parcels. Staff supports this recommendation. ITEM #3: C-1 to A-E These 3 parcels are located along Caldwell Frontage Road, which parallels the north side of Talmage Road just east of Highway 101. One of the parcels is developed with a single family residence, one is vacant, and one is developed with Bob's Trading Post. These parcels were prezoned from "AG-40" (Agricultural- 40 acre minimum) to "C-1" (Light Commercial) and annexed to the City in 1984. During the General Plan revision process, there was considerable discussion regarding the appropriate land use designation for the parcels, and the Steering Committee voted to recommend that the land use designation/zoning revert back to agriculture. That recommendation was supported by the Planning Commission and City Council, and the "AG" Land Use Designation was assigned to the parcels. The property owner for the Bob's Trading Post parcel interacted with the Planning Commission, and strongly requested that the "C-1" zoning be retained. He has also submitted a packet of material to the City Council supporting his request. After discussing the matter, the Planning Commission voted 3 to 2 to down-zone all 3 parcels from "C-1" to "A-E" (Agricultural Exclusive). Staff disagrees with the Planning Commission's recommendation. Based upon the small size of the parcels, their independent ownership, their close proximity to both Highway 101 and Talmage Road, and to existing commercial land uses, staff believes that the 1984 City decision to assign the "C-1" zoning classification was reasonable and appropriate. Moreover, we respectfully disagree with the Planning Commission's conclusion that retaining the "C-1" zoning represents a loss of agricultural land. On the contrary, rezoning the parcels to "A-E" represents a loss of commercially zoned land. Additionally, we disagree that maintaining the "C-1" zoning could lead to the conversion of nearby agricultural land to commercial land uses, because the subject parcels are small and designed for commercial or residential land uses, they have frontage on major roadways, and are a component of the small highway serving commercial corridor along East Talmage Road. It should be noted that during the General Plan revision process, a theme to preserve agricultural land was developed, and unanimously supported by the community and decision makers. However, the lands targeted by this theme were those parcels zoned for agricultural use and/or that were in agricultural production, and those parcels large enough to be agriculturally viable. The subject lots do not fulfil any of these "criteria." Those that do, such as the "McCarty" property to the north, were strongly designated "AG" by the General Plan Steering Committee, Planning Commission, and City Council, in deference to the forceful request of the property owner to designate it "C" (Commercial). The Planning Commission recommends rezoning the 3 parcels to the "A-E" zoning classification, while staff recommends no rezoning action on these parcels. ITEM #4: R-2 to R-'I These 34 parcels are located along El Rio Street and Yosemite Drive in the Oak Manor Subdivision area. The small lots are developed with duplex structures. Based upon the existing land uses, and the close proximity to major transportation routes and commercial land uses, the Planning Commission and staff recommend against the rezoning of these parcels from "R2" to "RI." If the City Council agrees with this recommendation, these parcels will be included in the General Plan Amendment and Rezoning project at the conclusion of the Citywide rezoning program. ITEM #5: R-1 to R-2 This grouping consists of 104 parcels situated along Marlene Street, Lorraine Street, Betty Street, and Henderson Lane. These parcels have been separated into 2 subgroups to simplify the review process. Subgroup #1: This subgroup consists of 103 parcels that range in size from 6,000 square feet to 19,000 square feet, and are developed with single family residences. This residential neighborhood is well established and nicely maintained. The Medium Density Residential General Plan Land Use Designation was applied to this area similarly to the way it was applied to the Empire Gardens neighborhood north of Low Gap Road. It was a broad brush application partially intended to describe the area as a "dense" single family residential neighborhood. However, the corresponding "R-2" zoning classification would potentially allow densities to increase, which, in staff's opinion, would adversely affect the character of this neighborhood. Moreover, the area has been experiencing a dramatic increase in traffic, and to assign a new zoning classification that would potentially allow an increase in density and associated traffic congestion seems very inappropriate. Accordingly, the Planning Commission and staff are recommending aqainst the rezoning of these lots from "R-I" to "R-2." If the City Council agrees with this recommendation, these parcels will be included in the General Plan Amendment and Rezoning project at the conclusion of the Citywide rezoning program. Subgroup #2: This large parcel is located adjacent to Highway 101 at the eastern end of Old Talmage Road, and is currently developed with a single family residence. Based upon the pattern of existing development to the north, and the close proximity of commercial land uses and major transportation routes, the Planning Commission and staff recommend the rezoning of this parcel from "R-I" to "R-2." ITEM #6: P-D to C-N This 2.72 acre parcel is located at the corner of Dora Street and Washington Avenue and is developed with the Brookside Retirement Residence. Situated to the north is a grouping of medical offices, and across Dora Street are single family residences. To maintain consistency with the recent rezoning of the Dora Street corridor from "R-3" to "C-N", the Planning Commission and staff recommend this rezoning action. It should be noted that the existing retirement/medical care facility is a permitted use in the "C-N" district. ITEM #7: P-D to R-3 These 2 vacant parcels total approximately 5 acres, and are located along Mulberry Street between Observatory Avenue and Washington Avenue. Surrounding land uses include single family residential, multiple family residential, and commercial. The northernmost parcel is currently developed with high density apartments, and the adjacent parcel to the south is currently vacant. The General Plan identified these parcels as High Density Residential because of the of existing use of the northern parcel, and the size and location of the vacant parcel. The Planning Commission concluded that the rezoning makes sense given the existing land use on the one parcel, the surrounding land uses, and the close proximity to major transportation routes and commercial services. The larger vacant parcel appears to be well suited for future high density residential or professional office development because of its location in relation to surrounding land uses. The Planning Commission and Staff recommend the rezoning of these parcels from "P-D" to "R-3." CONCLUSIONS The newly adopted City General Plan provides new Land Use Designations for a number of properties in the Miscellaneous Area No. 2 rezoning area of the community. The purpose of redesignating some properties is to acknowledge and protect important existing land uses, and to help facilitate the evolution of land uses that have become out of context with their surroundings. The Planning Commission supports a number of the rezonings, but recommends against others, because of existing development, or concerns about the preservation of neighborhood character. Accordingly, they are recommending 10 of the 154 rezoning actions. The attached ordinance reflects the Planning Commission's recommendation. Staff disagrees with the rezoning of the Caldwell Frontage Road parcels from "C-1" to "A-E", and therefore is recommending only 7 parcels be rezoned. If the City Council concurs and excludes these parcels from the rezoning action, the ordinance will be revised accordingly prior to adoption. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING THE OFFICIAL ZONING MAP FOR THE CITY OF UKIAH, CALIFORNIA The City Council of the City of Ukiah does hereby ordain as follows: SECTION ONE Pursuant to the procedures set forth in Section 9009 of the Ukiah City Code, the Official Zoning Map for the City of Ukiah is amended to change the zoning on 10 parcels in the Miscellaneous Area No. 2 rezoning area of the community as identified in the General Plan Rezoning Program. Specifically, the City Zoning Map is amended to rezone 3 parcels from "P-D" (Planned Development) to "P-F" (Public Facilities)); 1 parcel from "R-I" (Single Family Residential) to "R-2"; 2 parcels from "P-D" to "R-3"; 1 parcel from "P-D" to "C-N" (Neighborhood Commercial); and 3 parcels from "C-1" to "A-E" (Agricultural Exclusive). The listing of the specific parcels involved in this rezoning action, along with detailed rezoning information is attached as Exhibit "A." SECTION 'I'VVO This ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. SECTION THREE This rezoning action and amendment to the Official Zoning Map of the City of Ukiah is necessary to bring the zoning for the subject properties listed in Exhibit "A" into conformance with the new General Plan adopted on December 6, 1995. SECTION FOUR This ordinance shall become effective thirty (30) days after adoption. Introduced by title only on ., by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Passed and adopted on AYES: NOES: ABSENT: ABSTAIN: , by the following role call vote: ATTEST: Sheridan Malone, Mayor Colleen Henderson, City Clerk EXHIBIT "A" Miscellaneous Area No. 2 Rezoning Project (96-52) Assessor's Current General Plan New Parcel No. Zoning Designation Zoning 1-020-63 1-360-36 P-D P P-F 2-010-1 180-040-6 180-040-7 C- 1 AG A-E 180-040-8 3-530-22 3-530-23 P-D HDR R-3 3-530-24 P-D C C-N 3-160-57 R-1 MDR R-2 EXHIBIT "A" - Page 1 of 2 MISCELLANEOUS REZONING AREA NUMBER 2 PD TO PF (1 parcel) PD TO PF (2 parcels) RETAIN R3 (7 parcels) ~ MUNICIPAL GOLF COURSE RETAIN RI (103 parcels) RI to R2 (1 parcel) SCHOOL RETAIN R2 (34 parcels) PD to CN (1 parcel) C1 to AE (3 parcels) PD to R3 (2 parcels) EXHIBIT "A" - Page 2 of 2 CITY OF UKIAH PLANNING REPORT AGENDA ITEM: DATE: 7C. o1-22-97 DATE: TO: FROM: SUBJECT: APPLICANT: January 22, 1997 City of Ukiah Planning Commission City of Ukiah Planning Department Miscellaneous #2 Rezoning Project (96-52b) City of Ukiah PROJECT SUMMARY: Phase No. 8b of the city-wide General Plan rezoning program involves 154 lots situated in what is referred to as the Miscellaneous #2 rezoning area (see map on page 2 of this Planning Report). This portion of the community is predominantly comprised of residential and Planned Development zoning classifications, as well as some commercial. The General Plan assigns Iow, medium and high density residential, public, commercial, and some agricultural land use designations to parcels in the Miscellaneous #2 rezoning area. These designations have been assigned to reflect existing development, to facilitate the logical evolution of inappropriate land uses, and to guide the development of existing vacant land. This project is quasi-legislative in nature and does not require City Planning Commissioners to visit the site prior to formulating a recommendation to the City Council. PROJECT LOCATION: The Miscellaneous #2 rezoning area is generally bounded by Garrett Drive on the North, Talmage Road on the south, Dora Street on the west, and Oak Manor Drive on the east. DEPARTMENT RECOMMENDATION: The Planning Department recommends that the Planning Commission recommend City Council APPROVAL of the rezonings and ADOPTION of the ordinance amending the City Zoning Map. ENVIRONMENTAL DOCUMENTATION: The City Council has adopted a programmatic Negative Declaration for the General Plan rezoning project. GENERAL PLAN DESIGNATIONS: "LDR" (Low Density Residential) "MDR" (Medium Density Residential), "HDR" (High Density Residential), "AG" (Agriculture) and "C" (Commercial). MISCELLANEOUS REZONING AREA #2 UKIAH HIGH SCHOOL P-D TO P-F P-D TO P-F R-3 TO UK1N'I uUNICIPN. GOLF COURSE R-2 TO R-1 GAK MANOR SCHOOL P-D TO R-3 R-1 TO R-2 P-D TO C-N C-1 TO A-E ZONING DISTRICT: "R-I" (Single Family Residential) "R-2" (Multiple Family Residential), "R-3" (General Multiple Residential), "AE" (Agricultural Exclusive), "C-N" (Neighborhood Commercial), and "P-F" (Public Facilities). PROJECT DESCRIPTION: The project involves the rezoning of 3 parcels from "P-D" (Planned Development) to "P-F" (Public Facilities), located at the Fairgrounds and Cemetery; 7 parcels from "R-3" (General Multiple Residential) to "R-2" (Multiple Family Residential) located along the northwest intersection of Low Gap Road and Bush Street; 3 parcels from "C-1" (Limited Commercial) to "A-E" (Agricultural Exclusive) located at the northeast corner of the Talmage Road/Highway 101 intersection; 34 parcels from "R-2" to "R-I" (Single Family Residential), located along Yosemite Drive and El Rio Street; 104 parcels from "R-l" to "R-2" located along Betty, Marlene and Lorraine Streets, and Henderson Lane; 1 parcel from "P-D" to "R-3", located at the northeast corner of Dora Street and Washington Avenue; and 2 parcels from "P-D" to "R-3", located along Mulberry Street between Washington Avenue and Observatory Avenue. A map(s) indicating the locations of the subject properties, and their current and proposed zoning is included with the attached draft ordinance. STAFF ANALYSIS: The parcels proposed to be rezoned have been grouped according to what the existing and proposed zoning classifications are, as described in the project description above. ITEM #1: P-D to P-F This item consists of 3 parcels separated into 2 subgroups. Subgroup #1: This 15.55 acre parcel is owned by the Russian River Cemetery District, and is situated adjacent to the existing cemetery along Despina Drive east of the High School. It is currently used as a vineyard, and single family residential development is situated adjacent to the north. The City Council recently rezoned the main cemetery property to "P-F" (Public Facilities), and it is staff's opinion that the rezoning of this "surplus" cemetery property to the same classification is reasonable and appropriate. Therefore, we recommend the rezoning of these 3 parcels from "P-D" to "P-F." Subgroup #2: This subgroup consists of 2 parcels comprising the southern portion of the 12th District Agricultural Association (Fairgrounds). The northern portion is situated outside the City Limits and has been assigned the "P-F" zoning classification by Mendocino County. Based upon the existing and anticipated future use of the site, staff is able to conclude that the "P" (Public) General Plan Land Use Designation is appropriate, and therefore recommends the rezoning of the 2 parcels from "P-D" to "P-F." ITEM #2: R-3 to R-2 These 7 parcels are located on the northwest corner of Low Gap Road and Bush Street, and are developed single family residences, a duplex structure, the Even Start Family Literacy program building (School District), and a portion of the Cemetery. Surrounding land uses include the Mendocino County government complex to the south, Frank Zeek School to the north, Bush Street to the east, and the cemetery to the west. Based upon the location of the parcels, and their close proximity to public services, commercial land uses and major transportation routes, staff is able to conclude that the "R-2" zoning is reasonable and appropriate. Accordingly, we recommend that these 7 parcels be rezoned from "R-3" to "R-2." ITEM #3' C-1 to A-E These 3 parcels are located along Caldwell Frontage Road, which parallels the north side of Talmage Road just east of Highway 101. One of the parcels is developed with a single family residence, one is vacant, and one is developed with Bob's Trading Post. Surrounding land uses include commercial to the south, and agricultural to both the north and east. Highway 101 is adjacent to the west. These parcels were prezoned from "AG-40" (Agricultural- 40 acre minimum) to "C-1" (Light Commercial) and annexed to the City in 1984. During the General Plan revision process, there was considerable discussion regarding the appropriate land use designation for the parcels, and the Steering Committee voted to recommend that the land use designation/zoning revert back to agriculture. That recommendation was supported by the Planning Commission and City Council, and the "AG" Land Use Designation was assigned to the parcels. However, based upon the small sizes of the parcels, their independent ownership, their close proximity to both Highway 101 and Talmage Road, and their close proximity to existing commercial land uses, staff is able to conclude that the existing "C-1" zoning is not illogical or inappropriate. Accordingly, we recommend a~ainst the rezoning of these 3 parcels from "C-1" to "A-E." ITEM ~4: R-2 to R-1 These 34 parcels are located along El Rio Street and Yosemite Drive in the Oak Manor Subdivision area. The small lots are developed with duplex structures. Based upon the existing land uses, and the close proximity to major transportation routes and commercial land uses, staff recommends against the rezoning of these parcels from "R2" to "R 1 ." ITEM #$. R-1 to R-2 This grouping consists of 104 parcels situated along Marlene Street, Lorraine Street, Betty Street, and Henderson Lane. These parcels have been separated into 2 subgroups to simplify the review process. Subgroup #1' This subgroup consists of 103 parcels that range in size from 6,000 square feet to 19,000 square feet, and are developed with single family residences. This residential neighborhood is well established and nicely maintained. The Medium Density Residential General Plan Land Use Designation was applied to this area similarly to the way it was applied to the Empire Gardens neighborhood north of Low Gap Road. It was a broad brush application partially intended to describe the area as a "dense" single family residential neighborhood. However, the corresponding "R-2" zoning classification would potentially allow densities to increase, which, in staff's opinion, would be inappropriate for this neighborhood. Moreover, the area has been experiencing a dramatic increase in traffic, and to assign a new zoning classification that would potentially allow an increase in density and associated traffic congestion seems very inappropriate. Accordingly, staff is recommending aqainst the rezoning of these lots from "R-I" to "R- 2". Subgroup #2: This large parcel is located adjacent to Highway 101 at the eastern end of Old Talmage Road, and is currently developed with a single family residence. Based upon the pattern of existing development to the north, and the close proximity of commercial land uses and major transportation routes, staff recommends the rezoning of this parcel from "R-1" to "R-3." ITEM #6: P-D to C-N This 2.72 acre parcel is located at the corner of Dora Street and Washington Avenue and is developed with the Brookside Retirement Residence. Situated to the north is a grouping of medical offices, and across Dora Street are single family residences. To maintain consistency with the recent rezoning of the Dora Street corridor from "R-3" to "C-N", staff recommends this rezoning action. It should be noted that the retirement residence/medical care facility is a permitted use in the "C-N" zoning district. ITEM #8: P-D to R-3 These 2 vacant parcels are located along Mulberry Street between Observatory Avenue and Washington Avenue, and total approximately 5 acres. Surrounding land uses include single family residential, multiple family residential, and commercial. The northernmost parcel currently developed with high density apartments, and the adjacent parcel to the south is currently vacant. The General Plan identified these parcels as High Density Residential because of the of existing use of the northern parcel, and the size and location of the vacant parcel. In staff's opinion, the rezoning makes sense given the existing land use on the one parcel, the surrounding land uses, and the close proximity to major transportation routes and commercial services. The larger vacant parcel appears to be well suited for future high density residential or professional office development because of its location in relation to surrounding land uses. Staff recommends the rezoning of these parcels from "P-D" to "R-3." ZONING DISTRICT INFORMATION ZONING DISTRICT R-1 R-2 R-3 MINIMUM LOT SIZE 6,000 / 7,000 on a comer lot 6,000 / 7,000 on a corner lot 6,000 / 7,000 on a comer lot DENSITY REQUIREMENT 1 unit per 6,000 square feet (7 units per acre) 1 unit per 3,000 square feet (14 units per acre) 1 unit per 1,500 square feet (28 units per acre) C-1 None None C-N 7,000 1 unit per 7,000 square feet CONCLUSIONS: The newly adopted City General Plan provides new Land Use Designations for a number of properties in the Miscellaneous #2 rezoning area of the community. The purpose of redesignating some properties is to acknowledge and protect important existing land uses, and to help facilitate the evolution of land uses that have become out of context with their surroundings. Staff supports a number of the rezonings, but recommends against most of them, because of existing development, or concerns about the preservation of neighborhood character. Accordingly, staff is recommending 13 of the 155 rezoning actions. ATTACHMENTS: 1. Draft Ordinance Amending the City Zoning Map ACKNOWLEDGMENTS: The following personnel prepared and reviewed this Planning Report, respectively: ~ ,,~ l~a ~m P' ~e n ~,,~//~'hner Bob S r AYES: NOES: ABSTAIN: ABSENT: Commissioners Larson, Chiles, Puser, Correll, and Chairman Pruden None ~,,, \ . None ' ~ \ None ,.NEW & AMENDED CONDITIONS OF APPROVAL: 27. 29. 32. The location of any existing groundwater monitoring wells on the project site shall be deafly marked to ensure that none of these wells is covered by stored materials, structures or other surfacing materials. (Amended) Access to any existing groundwater monitoring wells shall be permitted to Regional Water Quality Control Board staff or monitoring contractors; the frequency of access shall be determined by RWQCB staff. (Amended) A Parking and Circulation Plan shall be reviewed and approved by the Planning Director prior to the approval of building permits or the issuance of a certificate of occupancy. (New) Chairman Pruden announced the approval of Use Permit #96-54, emphasizing that it is a Use Permit, and is subject to the applicant being a good neighbor. RECESS: 8:53 p.m. RECONVENE: 9:04 p.m. Gl Rezoning Application 96-52(b), as filed by the City of Ukiah Planning Department to rezone 3 parcels from "P-D" (Planned Development) to "P-F" (Public Facilities), located at the Fairgrounds and Cemetery; 7 parcels from "R-3" (General Multiple Residential) to "R-2" (Multiple Family Residential) located along the northwest intersection of Low Gap Road and Bush Street; 3 parcels from "C-1" (Limited Commercial) to "A-E" (Agricultural Exclusive) located at the northeast corner of the Talmage Road/Highway 101 intersection; 34 parcels from "R-2" to "R-l" (Single Family Residential), located along Yosemite Drive and El Rio Street; 105 parcels from "R-I" to "R-2" located along Betty, Marlene and Lorraine Streets, and Henderson Lane; 1 parcel from "P-D" to "R- 3", located at the northeast corner of Dora Street and Washington Avenue; and 2 parcels from "P- D" to "R-3", located along Mulberry Street between Washington Avenue and Observatory Avenue. Chairman Pruden stated Item #5 - Sub-Group #1, covedng parcels in the Lorraine and Betty Street area, will be considered first by request of the audience. Senior Planner, Charley Stump, presented an overview of the Staff Report for Phase #8 of the General Plan Rezoning Program, which captures parcels throughout the City that were not included in earlier rezoning phases. He described the eight different geographical areas and the proposed rezonings covered by this particular project. ITEM #5 - Sub-Group #1 Marlene, Lorraine & Betty Streets and Henderson Lane: Mr. Stump stated the Betty Street / Lorraine Street grouping involves a rezoning from R-1 to R-2. As noted in the Staff Report, Staff is opposed to the proposed rezoning, for reasons similar to those encountered in the Empire Gardens neighborhood. This is a stable, single family residential neighborhood and it appears that it will remain as such. The neighborhood is currently experiencing traffic problems and Staff has determined rezoning the area to R-2 would be inappropriate and detrimental. Mr. Stump noted the southern most residential lots in this grouping are owned by Mr. Jack Cox, who also owns the largest parcel on the Talmage frontage road adjacent to the two residential parcels. Mr. Cox believes his two residential parcels should be rezoned to commercial, rather than R-1 or R-2, because they adjoin his commercial lot on Talmage Road. Commissioner Puser inquired as to the lot sizes in the subject neighborhood. MINUTES OF THE PLANNING COMMISSION Page 12 JANUARY 22, 1997 Mr. Stump stated they range from 5,000 to 10,000 square feet, which is slightly larger than the Empire Gardens lots, and he noted 6,000 square feet is the minimum lot size required for R-1. PUBLIC HEARING OPENED - ITEM #5:9:11 p.m. Elaine Burgess, 41 Lorraine Street, expressed concem relative to the proposed rezoning from R1 to R2, citing the existing traffic problems in the neighborhood. She indicated the neighborhood is surrounded on Waugh Lane and Orchard Avenue by apartment buildings. The majority of parcels in the neighborhood are not large enough to house an R-2 dwelling, and it would increase parking and traffic. School buses and public transportation would also be an impact. She stated she and other neighbors are opposed to the rezoning from R-1 to R-2. Jack Cox, 551 Poma Lane, specifically addressed the property closest to Talmage Road off of Betty & Lorraine. He stated he previously appeared before the General Plan Steering Committee and the Planning Commission regarding the parcels. He noted he does not have current plans for the residential parcels at this time, but wants to address the zoning issue which will affect his future plans. He described the process by which he acquired the two residential lots to the north of his commercial lot. He expressed his opinion that from a planning standpoint the two residential parcels need to be zoned commercial. He requested that the Commission take no action on the rezoning of these two parcels at this hearing, but give them further consideration and research and include them with other corrections to the General Plan. Mr. Cox also asked the Planning Commission to consider the traffic flow relative to Lorraine and Betty Street. He noted that at such time he is able to develop his property he would envision the traffic flowing directly back out towards Talmage Road with no exits onto Lorraine or Betty Street, and therefore additional traffic would not be generated for those two streets. He stated this could be accomplished more adequately by the inclusion of his two parcels as commercial. He asked that the Planning Commission give special consideration to his request for separate evaluation of his two residential parcels. Chairman Pruden clarified with Mr. Cox that he does not want to consider R-2 for his R-1 parcels, he only wants to consider C-1 to match his adjacent parcel on Talmage Road. Commissioner Puser asked Mr. Cox what is currently developed on his C-1 parcel. Mr. Cox stated the property zoned C-1 consists of four single-story fourplexes. Mr. Stump added there are currently single family dwellings located on Mr. Cox's two residential lots. Arlene Shiefly, 43 Lorraine, expressed her agreement with Staff to retain the R-1 zoning for this neighborhood. The neighborhood consists of single family dwellings and has no empty lots that need infilling, so there is no reason to go R-2. PUBLIC HEARING CLOSED: ITEM 5 - Sub group #1 - 9:25 pm Commissioner Puser stated she agrees with Staff's recommendation to retain the R-1 designation because it is an established residential neighborhood and due to the increased traffic problems R-2 zoning could cause. Chairman Pruden expressed her agreement with Staff's recommendation. She noted the General Plan Steering Committee looked at land use, which is different than zoning, and they viewed this neighborhood as medium density, with tight infill and average sized lots. She noted with the lot sizes as they are they could accommodate second units with R-I. If there is any increase in density it would probably be through second units on some of the larger lots. Commissioner Larson stated the neighborhood already has several second units and it is, in fact, a medium density neighborhood, though it has a Iow density character and is very stable. He also concurred with Staff's recommendation. He indicated before he could consider Mr. Cox's request he would want to see a specific MINUTES OF THE PLANNING COMMISSION Page 13 JANUARY 22, 1997 project related to the parcels. He stated he doesn't like the idea of commercial property backing up to residential property. If there was consolidation those two parcels and a specific project in mind that would not be detrimental to the neighborhood, he would be willing to consider it, but not at this time. Commissioner Correll concurred with Commissioner Larson in terms of Mr. Cox's proposal, and agreed with Staff's recommendation to retain R-I. ON A MOTION by Commissioner Puser, Seconded by Commissioner Larson, it was carried by the following roll call vote to recommend that the City Council support Staff's recommendation to retain R-1 zoning for Item #5, Sub- Group #1: AYES: NOES: ABSTAIN: ABSENT: Commissioners Larson, Chiles, Puser, Correll, and Chairman Pruden None None None Chairman Pruden inquired if anyone present in the audience had a request to hear a particular rezoning group next to avoid having to sit through the entire project. It was agreed that Item 5 would first be concluded, then they would proceed to Item #3, at the request of a property owner in attendance. ITEM 5- Sub-Group 2 Charley Stump, Senior Planner made a correction to the Staff Report for this sub-group, indicating Staff's recommendation is to rezone this parcel from R-1 to R-2 to be consistent with the entire item. Chairperson Pruden inquired as to what is located on the mid and northern end of the parcel, asking if it was part of the apartment complexes. Mr. Stump stated the mid and northern end of the parcel consists of vacant land. It is one parcel with single ownership. PUBLIC HEARING - Item 5, Sub-Group 2:9:34 p.m. No one came forward. PUBLIC HEARING CLOSED: 9:34 p.m. Chairman Pruden expressed concern about the continuing depletion of the housing element by bringing some R-3 recommendations to R-2, and stated this large parcel will help meet the housing quota mandated by the State. She stated it would be appropriate to zone to a higher density in view of its location near the freeway. With proper screening and soundproofing the apartment buildings developed along the freeway seem to be functioning well. In light of housing element requirements and the location, she agrees with Staff's recommendation for R-2. Chairman Pruden voiced her preference for having one driveway service a series of apartments, as. opposed to a commercial business locating there. She stated R-3 zoning might present a problem with egress. Commissioner Larson stated egress and ingress would not be a problem because the parcel is accessed from old Talmage Road, and would not impact the neighborhood traffic. He noted the problem with developing this parcel residentially is the costly sound mitigations from the freeway. He indicated it may be more prudent to consider higher density there in lieu of the higher cost of development. If it is zoned R-3, the density trade-off may allow the City to provide a more extensive sound buffer from the freeway, whereas R-2 may not make it as cost effective. He stated he would agree to R-2, but would also consider R-3, given the accessibility of the parcel and the difficulty in developing, along with the need to increase the City's housing numbers. MINUTES OF THE PLANNING COMMISSION Page 14 JANUARY 22, 1997 Chairman Pruden inquired of Staff the square footage of the subject lot. Mr. Stump indicated the parcel is approximately one-half acre, or more. He stated in relation to the noise factor, he referenced the properties to the north along the freeway that have been developed in higher densities, stating Staff had envisioned a similar type of development though not as dense. He noted the noise factor has been addressed with fencing and construction techniques, and they would anticipate the same type of approach with the property. Commissioner Puser asked what the existing development is to the north of this parcel. Mr. Stump indicated it is developed as higher density R-3. Commissioner Larson inquired about density bonuses and whether they are allowed in R-2, as well as R-3, such as for self-help housing. Mr. Stump stated density bonuses are potentially possible, according to the new housing element, with all multi- family development intended for Iow and moderate level income citizens. ON A MOTION by Commissioner Correll, Seconded by Commissioner Chiles, it was carried by the following roll call vote to recommend the City Council support Staff's recommendation to rezone from R-1 to R-2 on Item #5, Sub-Group #2: AYES: NOES: ABSTAIN: ABSENT: Commissioners Larson, Chiles, Puser, Correll, and Chairman Pruden None None None ITEM #3 - C-1 to A-E Chairman Pruden identified this grouping as three parcels located along the Caldwell Frontage Road, which runs parallel the north side of Talmage Road east of Highway 101. The General Plan calls for a rezoning from C-1 to A-E (Agricultural). Staff is recommending against the proposed rezoning for these three parcels. Commissioner Puser asked for clarification of the size of the parcels in question. Charley Stump, Senior Planner, stated the parcel furthest to the east, developed with "Bob's Trading Post", is one acre; the parcel to the far west is approximately 1.25 acres and developed with a single family residence; and the parcel in between the two is probably just under one acre and is currently vacant. PUBLIC HEARING OPENED - ITEM #3:9:40 p.m. Tom Caldwell, 1045 Mt. Veeder Road, Napa, California, stated this proposed rezoning is very important to him, and to his family. He indicated his family owns the parcel where Bob's Trading Post is located. They bought the property in 1957 and have operated as a trading post for 32 years, through different leases. He requested that this parcel remain C-1, stating if the parcel is rezoned to A-E (agricultural) it may impact any future commercial plans they have. If they were to lose their lease and the property remained vacant for two years, they could not replace the business. He would like the opportunity and privilege to remain commercial, because that is the only way he can maintain a commercial venture in that location. He cited the commercial businesses currently located across Talmage Road from the Trading Post. He noted the Talmage Road exit is the first right hand turn into any businesses as you enter Ukiah from the south. He also stated his family does not have any other street with their family name on it and they would like to retain this location for that reason. He requested the Planning Commission leave the C-1 zoning in place and not zone to Agricultural Exclusive, for his family's benefit and the MINUTES OF THE PLANNING COMMISSION Page 15 JANUARY 22, 1997 benefit of the City. He stated it may not be as good a location for a second hand store as it was 32 years ago, but it will have to remain as such if they zone it to Agricultural. By retaining the commercial zoning it will give him the latitude to potentially sell or improve the property commercially. Commissioner Puser inquired of the zoning'on the property when it was purchased in 1957. Mr. Caldwell stated to his knowledge it was zoned agricultural in 1957, but in the mid-80's it was zoned C-1. Chris Fetzer, 341 Jones, recommended these parcels be rezoned to agricultural exclusive. He expressed dismay with the commercial businesses currently located in the area and voiced concerns about water level for flooding, and losing more agricultural land. Mr. Caldwell indicated the property, to his knowledge, has never flooded since his family purchased it. While it may have flooded prior to their ownership, it has since been raised. The pear orchard behind his parcel has water, and he assumes it is zoned agricultural. To zone his one acre parcel agricultural would give him no use. Because his property is six feet higher than the pear orchard behind him, it wouldn't be useful to sell and combine the two properties either. One acre is not a viable agricultural circle. PUBLIC HEARING CLOSED - Item #3 - 9:51 p.m. Commissioner Puser stated she is against Staff's recommendation on this item. If the parcels are retained as Commercial the potential for fast food restaurants and gas stations exists, such as on the other side of Highway 101. Agricultural farming is important to our community and we should retain as much agricultural land as possible. She noted the commercial business currently located in that area may be better suited to another location. Chairman Pruden expressed concern regarding drainage and commercial development in that area. She related strong concerns expressed by farmers to make this area legally nonconforming use, anticipating that it would eventually fade out in time. She stated the reason there is water in the orchard to the north is because it blocks the drainage. When the freeway was constructed it created severe hydrology problems for the east side of the highway. After listening to extensive hearings on hydrology and the farming community on this she is aware of what can and can not be done on this property. She stated you may have a single family residence on ag land, and the property can be developed with farming related businesses, such as a food stand or packing shed. Chairman Pruden stated she objects to Staff's recommendation, and stated A-E is the appropriate zoning. She does not want to see future commercial development in agriculturally zoned parcels, or contiguous to them. Commissioner Larson stated all development that has occurred between the freeway and the river has been a mistake, including Oak Manor. He stated the line has been drawn by Cai Trans, and recent hearings by this Commission and the City Council have reinforced that line, that agriculture is the mainstay of this valley, and everything we can do to protect and enhance it is appropriate. He stated he would oppose any commercial development east of the freeway. He strongly supports agricultural development in this area and businesses that enhance farming. Commissioner Correll stated he can envision this property remaining C-1 and some nice development occurring, though he is unsure that developing agricultural related businesses is going to rectify the drainage problems addressed. He noted he is familiar, because of cabling for the phone company out there, that the area retains a tremendous amount of water. In the long term vision, he tends to agree with Staff's recommendation to retain C-1. ON A MOTION by Commissioner Puser, Seconded by Commissioner Larson, it was carried by the following roll call vote to recommend the City Council rezone Item #3 from C-1 to A-E: MINUTES OF THE PLANNING COMMISSION Page '16 JANUARY 22, '1997 AYES: NOES: ABSTAIN: ABSENT: Commissioners Larson, Puser, and Chairman Pruden Commissioners Chiles and Correll None None ITEM #2 - R-3 to R-2 Chairman Pruden identified this item as consisting of seven parcels located on the northwest corner of Low Gap Road and Bush Street developed with single family residences, a duplex structure, the Even Start Family Literacy Program and a portion of the cemetery. Commissioner Larson inquired of Staff why a portion of the cemetary parcel is designated for medium density instead of P-F (public facility), and he questioned if the parcel would still be useable as a cemetary if it is rezoned R-2. Mr. Stump stated General Plan Steering Committee discussions on this parcel indicate it was not a key parcel of the cemetary operation. It was not envisioned that way or planned for, and it was determined it would logically fit with the remainder of the R-2 lots in the area, and would be legal nonconforming. Discussion followed among the Commission and Staff relative to the density of the cemetary parcel and the surrounding area. PUBLIC HEARING OPENED - ITEM 2 - 10:03 P.M. Peter Dolan, 541 S. School Street, #2000, Ukiah, indicated his company owns one of the seven parcels which is currently developed as a duplex, directly across from the County Administrative Center. He stated this area has already been severely impacted by government efforts with the widening of Bush Street and the widening of Low Gap when the high school went in, which pruned off the access to most of those parcels from the east. He stated the enclave that is left can provide some unacknowledged potential, such as unique access to the existing educational facilities without the use of automobiles. He stated under normal planning guidelines you attempt to minimize trips, minimize pollution and he stated this is one area where you can walk to and from public facilities, and yet we're proposing to downzone from R-3 to R-2 to put more single family dwellings in when perhaps we're a little short of high density. He stated he would think this is one area the City would want to encourage consolidation into a higher density. The intent to downzone this area doesn't reflect the current usage. The housing stock in the area is modest to poor, with Iow square footage units. If left to R-3 you could put some affordable housing units in the area that would be accessible to everything. He noted the Commission's actions to upzone Empire Gardens to an R-2 are not going to help the affordable housing, especially in areas that can easily be accessed by walking and handicap access. Mr. Dolan requested removal of these seven parcels from consideration at this hearing and requested further research before recommending a change in the zoning. Commissioner Larson inquired if Mr. Dolan knows anything about the cemetary property and inquired if his property is adjacent to it. Mr. Dolan stated the cemetary property is not adjacent to his. Chris Fetzer, 341 Jones Street, stated he agrees with Mr. Dolan, and stated it would be an excellent area for public facilities. He indicated he has worked at the intersection of Low Gap and Bush as a school crossing guard and noted it is a traffic nightmare. He agreed it should be removed from consideration at this hearing and researched more thoroughly. PUBLIC HEARING CLOSED - 10:10 p.m. MINUTES OF THE PLANNING COMMISSION Page 17 JANUARY 22, 1997 Commissioner Chiles inquired if C-N zoning was ever considered for this area prior to the construction of the County Administration Center, and he questioned if it would be a more appropriate zoning for these parcels, in view of the discussions about trip reductions. He stated it seems that the neighborhood could benefit from a sandwich shop. Chairman Pruden noted at the time the administration building was constructed the C-N zoning text was inadequate, and it is has just recently been revised. She stated the original intent behind the zoning of that area was to get people closer to their work, and she described the evolution of housing as originating in the 20's and 30's as Iow income housing for county hospital workers. She indicated the greatest fear about the County administration center relocating to Low Gap was the potential for commercial development in that area. Mr. Stump added in the discussions about the potential rezoning of the south side of Low Gap, east of Bush Street, that the Planning Commission entertained with the Empire Gardens neighbors, was highly contentious. The neighborhood was very much opposed to any commercial zoning on the south side of Low Gap, east of this property. Mr. Stump stated Mr. Dolan made some good arguments, that this property does fit the criteria outlined in the General Plan for high density residential, and noted in view of the amount of R-3 lost through the rezoning program that Staff is leaning towards retention of the R-3, based on the discussions at this hearing. Commissioner Puser inquired about the potential impact of increased density and the associated traffic with the lack of access points to the existing parcels. Mr. Stump stated if the property is rezoned R2 or R3 the property is likely to be redeveloped and possibly reconfigured. PUBLIC HEARING RE-OPENED 10:16 P.M. Peter Dolan, 541 S. School, Ukiah stated in relation to the parcels at Low Gap and Bush this is a situation where down zoning to R-2 might backfire. He said he recently learned through the Minnie McQueary lot split that there is no deeded access to some of the parcels to the street and seven or eight of the units currently share a common driveway, though no easements are indicated on the parcel maps. He stated in the long run reconsolidation, and the idea of having one driveway versus five or six, points toward a higher density. The mitigating factor is there would be fewer trips because it is located in an area where people could come to it for service or walk to the services they need. PUBLIC HEARING CLOSED - 10:17 P.M. Chairman Pruden stated she has no problem retaining the R-3, though she has serious doubts that it can be developed at R-3. They are allowed to develop at a lower density, which may be what they will have to do. Commissioner Larson stated he is not inclined to increase densities in this area because of the congestion along Low Gap Road and the infiltration of Empire Gardens with pass-through traffic. He agreed that Mr. Dolan makes a compelling and logical argument for lower trip generation that high density residential development would likely experience, given the proximity of schools and government services. He stated he sees the potential for a high density project in that location without the customary volume of trip generation that the density would normally generate. He supports the retention of R-3. Commissioner Correll concurred with Commissioners Larson and Pruden, being familiar with the area and knowing the predominantly heavy traffic is timed to coincide with the schools around the area. ON A MOTION BY Commissioner Correll, Seconded by Commissioner Chiles, it was carried by the following roll call vote to recommend that the City Council retain the R-3 zoning on Item #2: MINUTES OF THE PLANNING COMMISSION Page 18 JANUARY 22, 1997 AYES: NOES: ABSTAIN: ABSENT: Commissioners Larson, Chiles, Puser, Correll, and Chairman Pruden None None None ITEM #1 - Sub-Groups 1 and 2 PUBLIC HEARING OPENED - 10:22 P.M. No one came forward. PUBLIC HEARING CLOSED - 10:22 P.M. ON A MOTION BY Commissioner Larson, Seconded by Commissioner Puser, it was carried by the following roll call vote to recommend the City Council support Staff's recommendation to rezone Item #1 - Sub-Groups #1 and 2 from P-D to P-F: AYES: NOES: ABSTAIN: ABSENT: Commissioners Larson, Chiles, Puser, Correll, and Chairman Pruden None None None ITEM #4 - R-2 to R-1 Charley Stump, Senior Planner, briefly described this item as a group of 34 parcels located along El Rio Street and Yosemite Drive in the Oak Manor subdivision developed with duplex structures. Staff believes it was an error in the General Plan Steering Committee process to designate these as Iow density residential, similar to what they did on Oak Manor Court, in which this Planning Commission subsequently recommended retaining the R-2 zoning on and City Council unanimously supported. Staff is recommending the retention of R-2 on these lots as well. PUBLIC HEARING OPENED - Item ~4 - 10:24 P.M. Chris Fetzer, 341 Jones Street, Ukiah, asked for clarification that the motion is to retain the R-2 zoning. PUBLIC HEARING CLOSED - Item ~ - 10:25 P.M. ON A MOTION BY Commissioner Puser, Seconded by Commissioner Correll, it was carried by the following roll call vote to recommend that City Council support Staff's recommendation to retain the R-2 zoning on Item #4: AYES: NOES: ABSTAIN: ABSENT: Commissioners Larson, Chiles, Puser, Correll, and Chairman Pruden None None None ITEM #6 - PD to CN Mr. Stump stated this item consists of the Brookside Retirement Residence and indicated Staff is suggesting the C-N zoning district, consistent with the actions to rezone the Dora Street corridor to C-N. He noted the development would be a conforming facility to the C-N district. Chairman Pruden inquired if rezoning this parcel to C-N would remove the Planned Development designation from this facility and nullify any of the conditions that were required under the Planned Development. MINUTES OF THE PLANNING COMMISSION Page 19 JANUARY 22, 1997 Mr. Stump clarified the facility would lose its Planned Development designation through this rezoning but the facility has already complied with all the conditions of the original P-D, in view of the fact that it has been there for a number of years. C-N is a reflection of what is existing, and if the property were to evolve several years from now the C-N designation would provide flexibility and opportunity for that property that the original P-D would not. Discussion followed relative to removal of P-D designations and their attached ordinances. Staff indicated that Planned Developments have been previously used as a zoning designation and a tool to deviate from development standards. PUBLIC HEARING OPENED - ITEM #6 - 10:29 PM No one came forward. PUBLIC HEARING CLOSED - ITEM #6 - 10:29 PM ON A MOTION BY Commissioner Larson, Seconded by Commisioner Puser, it was carried by the following roll call vote to recommend that the City Council support Staffs recommendation to rezone Item #6 from P-D to C-N: AYES: NOES: ABSTAIN: ABSENT: Commissioners Larson, Chiles, Puser, Correll, and Chairman Pruden None None None ITEM #8 - P-D to R-3 PUBLIC HEARING OPENED - ITEM #8 - 10:31 P.M. No one came forward. PUBLIC HEARING CLOSED - ITEM #8 - 10:31 P.M. ON A MOTION BY Commissioner Chiles, Seconded by Commissioner Correll, it was carried by the following roll call vote to recommend that the City Council support Staffs recommendation to rezone Item #8 from P-D to R-3: AYES: NOES: ABSTAIN: ABSENT: Commissioners Larson, Chiles, Puser, Correll, and Chairman Pruden None None None PLANNING DIRECTOR REPORTS City Council and Redevelopment Agency Actions Future Planning Commission Agenda Items Status Reports Chairman Pruden questioned Staff about upcoming Planning Commission actions scheduled for February 12, 1997. Mr. Stump stated there will be a rezoning project, as well as a tentatively scheduled Jack-in-the-Box drive-through restaurant, Shell Service Station and convenience store site development permit and ordinance amendment. MINUTES OF THE PLANNING COMMISSION Page 20 JANUARY 22, 1997 ITEM NO. 8a DATE: February 19, 1997 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION REGARDING FISCAL YEAR 1996/97 FUNDING FOR NON-PROFIT COMMUNITY GROUPS In the 1996/97 Council approved Budget, $20,000 was reserved in the General Fund under Account 100-1945-690, Community Outreach/Public Information, for support to community non-profit group activities or a special economic development project. During the Budget Session, the Council determined that they would wait until a later date, depending on the fiscal restraints of the current budget, to decide what they would do with the community activities funding. In a subsequent review on August 21, 1996, Council once again discussed various options for the funds. The Council considered returning the funds to the General Fund and also putting the decision on hold until a later date. The final action was to hold the funds and bdng the issue back for review and discussion after the Council had made concrete budgetary decisions as part of the financial strategic plan. Historically, before 1987, the City received revenue sharing funds from the federal government which were distributed to local non-profits according to need. When these funds were no longer available, the City allocated monies from the General Fund for non-profit, community-based groups. The procedure for award of monies required the non-profit group to complete an application, which described its project and financial situation. (Continued on Page 2) RECOMMENDED ACTION: Council discuss annual funding monies for non-profit community groups. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. None. Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: Prepared by: Attachments: Acct. No.: 100-1945 (if budgeted) Candace Horsley, City Manager 1. Fiscal Year 1994/95 Budget sheets for Department 100-1945 2. Resolution No. 96-9 Authorizing 1995/96 Grant Funding 3. Staff Report, dated August 21,1996, regarding Funding for Non-Profit Groups 4. City Council minutes of August 21, 1996 meeting 5. Letter, dated November 20, 1996, from Louisa Gibson 6. Letter, dated September 13, 1996, from Terr B. Willis 4/Can. ASRCoFund Candace Horsley, citY N'~nager Past recipients of the organizational support funding have included the Mendocino County Library, Youth Project, Ukiah Senior Center, Chamber of Commerce, Ukiah Community Center, Ford Street Project, Big Brothers/Big Sisters, Community Care, Held-Poage Research Library, Nuestra Casa, Plowshares, and Project Sanctuary. The total annual funding has ranged between $30,000 and $90,000. The County Library has consistently received financial support from the City with funding going from $2,000 a year to $25,000 in FY 1992/93. This is when the Library budget was cut by the County and they came to the City requesting monies to support a part-time Reference Librarian. The funding amount for two part-time Reference Librarians went up to $47,000 in FY 1993/94, $45,000 in FY 1994/95, and then back to $23,000 in FY 1995/96. A letter from Louisa Gibson, from the Ukiah Valley Friends of the Library, was sent to the City on November 20, 1996, requesting that the Library be allocated the entire $20,000 in the CitY's current Budget for community funding, to support the part-time Reference Librarian. The Friends of the Library are allocating $10,000 to help fill this position. Aisc attached is a letter from the Ukiah Senior Center requesting that the City Council continue to support the non-profit organizations in this area. Due to fiscal constraints, the City has lowered its budget allocation for community funding from a high of $90,000 in FY 1993/94, to a FY 1996/97 budgeted amount of $20,000. It should also be noted that recent funding for the Chamber of Commerce for economic development activities has come primarily out of Redevelopment Agency fUnds. This item is once again before the Council to reView and discuss what will be done with the $20,000 reserved under the Community Outreach/Public Information Service account. Options for Council's discussion include: · Retain the funds in the General Fund budget balance account; Direct staff to request applications from non-profit organizations; Grant the entire amount to the County Library. As evidenced by the audit, which is slated for discussion at this Council meeting, the City has a higher ending year General Fund balance than was estimated for the FY 1995/96 year. Unfortunately, our annual expense versus reven!ue is still in a deficit range of $900,000, and we will have to face difficult decisions in the upcoming budget sessions to bring this deficit into a balanced General Fund position. The City cut positionS, drastically reduced departmental budgets, and furloughed employees, to reach this better state of General Fund reserve. Staff recommends that the community group fUnding be held until the budget is in a better fiscal position. i o o !:i~ :: :i: :!:i:!:i: :~:i:i: :i: fll .... _ :::::::::::::::::::::::::::: :i::: :i:!:: 0.::::: l0 11 12 14 15 17 18 20 2?. 23 ?-5 26 27 RESOLUTION NO. 96-9 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING 1995-96 GRANT FUNDING FOR COMMUNITY BASED, NON-PROFIT ORGANIZATIONS WHEREAS, within the City of Ukiah there are many non-profit, community-based organizations which provide significant services to the citizens; and WHEREAS, during these difficult economic times, those organizations are in need of financial assistance to continue serving their targeted populations; and WHEREAS, the City of Ukiah City Council desires to aid these agencies in light of their substantial contribution to the welfare of the City; and WHEREAS, the City of Ukiah General Fund has adequate capacity to fund $30,000 toward this effort; and WHEREAS, the City received 12 applications for funding under the "Non-Profit, Community Based Organization Grant Assistance Program" for 1995-96. NOW THEREFORE, BE IT RESOLVED that the City of Ukiah City Council does hereby authorize grant funding for 1995-96 in the following amounts to the following organizations: ORGANIZATION PROGRAM FUNDED FUNDING Big Brothers/Big Sisters of Mendocino County Kids = V.I.P. $3,000 Community Care Linkages Program $3,000 Ford Street Project Shelter Food Preparation $3,000 Held-Poage Research Library Newspaper Microfilm $1,500 matching grant Nuestra Casa Four Treasurers Marketing $3,000 Project Plowshares Peace and Justice Center Health Screening Program $3,000 Police Activities League (PAL) Character Counts Training $3,000 Project Sanctuary Domestic Violence/Shelter $3,000 Services Ukiah Community Center Emergency Service Program $3,000 Ukiah Senior Center Home Delivered Meals $3,000 Program TOTAL 28,500 l0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED this 16th day of August, 1995 by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. ABSENT: None. ABSTAIN: None. Fred Schneiter, Mayor November 20, 1996. The Ukiah City Council 300 Seminary Ave., Ukiah, Calif. 95482 Dear Mayor Fred Schneiter, The Board of The Ukiah Valley Friends of the Library thank you for the city councils support for the library in the past. We feel, and know you will agree, that a library needs a re- ference librarian. However, the library's budget for the last few years does not allow for this. At present we have only three full time paid employees to run our library which serves as the reference back-up for the Men- cino County Library System. In order to have even a part-time reference librarian, we hope you will allocate at least twenty thousand dollars to the library. The Friends of the Library are reserving ten thousand dollars which together with your twenty-thousand dollars will help fill this position. We understand the cities financial problems and yet hope we can form this partnership to better our library services. Si~cgrely YO~s, ~ouisa Gibson President of The Ukiah Valley Friends of the Library 105 No h Main Street · Ukiah, California 95482 Ukiah Senior Center September 13, 1996 Candace Horsley City Manager 300 Seminary Ave. Ukiah, CA 95482 REFERENCE: COMMUNITY OUTREACH FUNDING Dear Candace- I am writing to you on behalf of the Ukiah Senior Center to request that you and the City Council seriously consider in your budget proposal to continue supporting the non-profit organizations in our community. The Ukiah Senior Center is one of the local non-profit organizations whose funding has been severely cut by the Federal government. We urge you to continue to support your Senior Center. I want to thank you and the City of Ukiah for the great support that you have given to our agency in the past. If you have any questions, please feel free to give me a call at (707) 462-4343. Sincerely, Terr B. Willis Executive Director cc: File TBW/gt 499 Leslie Street · Ukiah, CA 95482 · 707-462-4343 Wired in the Woods Online: The world of modems, e-mail and bulletin boards has been a mostly urban phenomenon. Now a few local cyberjunkies are changing that. BY KATIE HAFNER SYLVESTER, GA., A COM- munity of 5,000, is the quintessential t small thrming to~vn. The main thoroughthre consists of a Itardees, a Dairy Queen and a couple of diners. "We're such a small hump in Ihc road thai drivin~ Ihrough ~vlvesler is like hitting an armadillo at 60 miles an hour," drawls local businessman Da- vid Begisten "You'd hard- ly notice." Bump or no, Sylvester is in the vanguard of the informa- tion revolution. Since last September, the tom has had in place its own community computer network, called the Wox~h County-Sylvester Free- Net. With some 400 regulars, the local network ofl~rs every- thing tYom USA Today to the latest news on federal thrming legislation to information on the movies playing in theaters in Albany, a half-hour drive awa3: Throughout the nation, rural com~nunities determined not to be sidelined in the Intbrmation Age are getting wired. About a dozen networks like the ~vlves- ter system have gone online in the past year, and 30 more will be up by the fall. Unlike the commercial services, these net- works tend to be stafl~d by vol- unteers, and are free. The Free-Net concept is the br~nchild of Tom Gmndner, the 49-year- old president of the Cleveland-based Na- tional Public Telecomputing Network, a nonprofit organimtion that promotes non- commercid online semites. An educator by training, Gmndner sta~ed his first commu- nity network in 1986, in response to local demand for hedth-care infomation. Called the Cleveland Free-Net, it mi~ored a city's in~astmcture, complete with "school house," "tom h~" and "post office." Free of charge, the network was an instant ~t. Since then, in addition to the mrM projects, Gmndner has assisted in the fomation of Don't place Ill )¢ ;Ell M ASTII¢ )I ANN I your ad here: Founding father of the Free-Net phenomenon, Tom Grundner some 39 urban Free-Nets, including sever- al in Europe. Grundner and others liken the effort to wire the nation's remote pockets to the ru- ral electrification program of the 1930s. But unlike FDR's ambitious federal effort, the cyberwiring of rural America is largely grass-roots. Communities that start Free- Nets are often responding to frustration over the expense of subscribing to a com- mercial service, or just hoping to spark awareness of the potential of new commu- nications technology. "People in rural areas are just beginning to understand what a modem is and what it can do," says Kent Guske, a high-school social-studies teacher turned tech specialist. Guske started the Sylvester network with $11,000 in local do- nations after hearing about Grunduer's project. Large commercial online services have stepped up their efforts to bring rural America up to speed. Logging on to a com- mercial service from a small town often requires a toll call. America Online, CompuServe and Prodigy recently began offering an 800 number, charging from $4.80 to $6 per hour for calls. But add that JUNE 26, ~995 NE~'S~VEEK Logging On RURAL COMMUNITIES ARE USING local electronic networks to chat with each other, send e-mail to the world out there and learn about tech- nological changes that city dwellers take for granted. Some pioneers: Redwood Free-Net Ukiah, Calif. Modem: 707-465-6527 Automatic registration Worth County-Sylvester Free-Net :Sylv~ster, Ga. '~M~odem: 912-776-1255 Visitor login: GUEST Panhandle Free-Net Sandpoint, Idaho Modem: 208-263-6336 Automatic registration Big Sk~ TeleBraph Dillon, Mont. Modem: 406-683-7680 Visitor login: BBS ) Kearney Nebraska Free-Net Kearney, Neb. Modem: 308-236-7267 Automatic registration Almont Expression Free-Net Almont, Mich. Modem: 810-798-8290 Automatic registration Medina County Free-Net Medina, Ohio Modem: 216-723-6732 Automatic registration Great Lakes Free-Net Battle Creek, Mich. Modem; 616-969-4536 Visitor login: vIsrroR Some Urban Free-Nets: Cleveland Free-Net Cleveland, Ohio Modem: 216-368-3888 Telnet: freenet-in-a, cwru.edu Visitor login: #2 at first menu Buffalo Free-Net Buffalo, N.Y. Modem: 716-645-3085 Telnet: freenet.buffalo.edu Visitor login: FREEPORT Greater Columbus Free-Net Columbus, Ohio Modem 614-292-7501 Visitor login: GUEST Seattle Community Network Modem: 206-386-4140 Telnet: scn.org Visitor login: VISITOR to the regular user fees and the costs can mount. Signing on for straight Internet service is even harder. Netcom, for exam- ple, an Internet service provider based in San Jose, Calif., decides where to operate based on population density and local com- puter sales. Most rural communities, it appears, are interested in more than simply going on- line. "Just setting up an Internet connection out in the middle of nowhere doesn't do anything for you," says Grundner. "It has to serve as a collection point to interact, to do things." Everything from building the net- work to using it and maintaining it brings JAMES D. WILSON--NEWSWEEK Grass-roots gabfest: Red~vood Free-Net's Pat Hunt local citizens together. "I call it an electron- ic barn-raising," says Steve Cisler, a senior scientist at Apple who manages the compa- ny's Library of Tomorrow program. "Peo- ple getting together for a common good." Ken Bandelier, a 70-year-old retired bi- ology professor in the tiny town of Dillon, Mont., was diagnosed with prostate cancer in 1994. Frustrated by the dearth of local support groups, he discovered an online group through Big Sky Telegraph, the local Free-Net. At the same time, his wife, Nellie, a 65-year-old former elementary- school teacher, grew fascinated with the Internet. Before long, she was spending five hours a day online. The Bandeliers are now Internet crusaders, spreading the good word like religious witnesses. Nellie writes a column for the local paper called "Nellie's Internet Notes." Many rural Free-Nets have close ties to the local library, which usually maintains public-access machines for residents who don't own computers. In 1990 Apple Com- puter gave the Mendocino County (Calif.) Public Library a grant for a multimedia CD-ROM project on Native American cul- tural history. From that project, Pat Hunt, a 57-year-old reference librarian in the li- brary's branch in Ukiah, a town cradled in a mountain valley, got the idea to set up a local network. News of the service traveled quickly, mostly by word of mouth. "People were logging on so fast that all my plans for publicity fell apart," says Hunt. The most popular parts of the system are e-mail and discussion groups. on volunteers. The nets depend heavily *" Hunt estimates that he spends 15 unpaid hours a week on the care and feeding of the Red- wood Free-Net. In the six months since the network start- ed, Hunt has seen the system run the gamut from flamefests to gender wars. One 15-year- old provocateur calling himself Bubba X. Huhuna caused tem- porary anarchy with his rude comments, while some women who started an exclusive group sparked retaliation from a fa- ther-son contingent. In both cases, Hunt lost considerable amounts of sleep. "I've gone from information provider to community builder," he says. Small towns: Few rural Free- Nets have Internet connections that give them 24-hour access. To keep costs down, most re- ceive their Internet "feeds"- electronic mail and Usenet newsgroups-in batches peri- odically throughout the day. Grundner's Free-Nets are by no means the only rural datafication proj- ects. Similar networks have been estab- lished independently elsewhere-among rural libraries in upstate New York, in small towns in the Rocky Mountains and in the desert towns of California. Funding the rural nets is a growing prob- lem. Grundner's shrink-wrapped model system, complete with a Power Macintosh and modem cables, costs about $13,000 to set up. The Commerce Department's Na- tional Telecommunications and Informa- tion Administration has supplied grants for rural computing projects, which have helped start the Free-Nets coming online this fall. But the NTIA program isn't likely to endure past next year. To sustain their networks, communities will likely be forced to begin charging users. And the users seem willing to pay, at least a few dollars a year. They're learning that at this feast, there's no such thing as a free byte. With JENNIFER TANAKA and TORIANO BOYNTON © 1995 Newsweek, Inc., 251 West 57th Street, NY NY 10019. All rights reserved. Newsweek reprints may not be sold or offered as a premium. To order reprints call (212) 445-4870 or fax (212) 445-4929. For smaller quantities of back copies of entire Newsweek issue, call (201) 316-2229. ITEM NO. ~b DATE: February 19, 1997 AGENDA SUMMARY REPORT SUBJECT: AWARD OF CONTRACT TO COLD CREEK COMPOST, INC. FOR THE REMOVAL OF WOOD WASTE AND YARD WASTE FROM THE UKIAH LANDFILL AND REQUIRE A FAITHFUL PERFORMANCE BOND IN THE AMOUNT OF $68,000 SUMMARY: At the January 15, 1997 meeting the City Council rescinded its award to Reuser, Inc. for removal of wood waste and yard waste through June 1997 and authorized a month to month contract with Reuser, Inc. Continued on Page 2 RECOMMENDED ACTION: Award and authorize City Manager to execute a service contract with Cold Creek Compost, Inc. for the Removal of Wood Waste and Yard Waste from the Ukiah Landfill at the following annual rates: fiscal year 1997/1998, at 3.30 per cubic yard; fiscal year 1998/1999 at $3.30 per cubic yard plus CPI adjustment (maximum rate = $3.43 per cubic yard); partial fiscal year 1999-2000 at the fiscal year 1998/1999 rate plus CPI adjustment (maximum rate = $3.57 per cubic yard) for each respective waste and require a faithful performance bond in the amount of $68,000. City will pay the premium of the bond up to a maximum of $1,020.00. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Award a month to month contract with Cold Creek Compost; 2. Award a contract per City Municipal Code section 4483; 3. Award a contract to either Reuser, Inc. or Cold Creek Compost, Inc. Acct. No. (if NOT budgeted): N/A Acct. No.: 660-3401-250-006 Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: Rick Kennedy, Director of Public Works/City Engine~.[~/~ 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. Proposal from Cold Creek Compost, Inc. 2. Proposal from Reuser, Inc. 3. Fiscal Year 1996/1997 Budget Sheet 4. Court order regarding Cold Creek Compost (M&M Feed) EIR APPROVED:i._.. --Gr City~ Candace R~S:AGWDYD2.SUM , ,o,sley,- nager Page 2 February 19, 1997 Award of Contract to Cold Creek Compost, Inc. for the Removal of Wood Waste and Yard Waste from the Ukiah Landfill and Require a Faithful Performance Bond in the Amount of $68,000 At that meeting the Council directed staff to obtain proposals for wood and yard waste removal for the period beginning July 1, 1997 and concluding with the landfill closure, currently projected as March 31, 2000. Proposals were received from Reuser, Inc. and Cold Creek Compost, Inc. and opened on February 7, 1997. The tabulation below is a comparison of the proposals. Time Period Fiscal Year 1997 - 1998 (July 1, 1997 through June 30, 1998) Fiscal Year 1998 - 1999 (July 1, 1998 through June 30, 1999) Fiscal Year 1999 - 2000 (partial year) (July 1, 1999 through March 31, 2000) Cold Creek Compost, Inc. Yard Waste / Wood Waste Removal Fee (per cubic yard) $3.30 $3.30 (plus CPI adjustment, maximum rate = $3.43) Fiscal year 1998-1999 rate (plus CPI adjustment, maximum rate = $3.57) Reuser, Inc. Yard Waste / Wood Waste Removal Fee (per cubic yard) $3.75 $4.00 $4.25 Both proposals meet the requirements of the Request for Proposals (RFP) which was distributed. Reuser, Inc. has been providing yard and wood waste removal from the landfill on a regular basis since 1993. The City has been very pleased with their service. The Cold Creek Compost, Inc. proposal is $0.45 per cubic yard less (for fiscal year 1997/1998) than the Reuser, Inc. proposal. With this differential rate the City would realize approximately $8,000 in savings for fiscal year 1997/1998 based on the projected volumes of yard waste and wood waste, by contracting with Cold Creek Compost, Inc. Staff has learned that the Superior Court has received the Cold Creek Compost, Inc. Administrative Draft of the Environmental Impact Report (EIR). Upon receipt of this EIR the court would do one of the following: 1) allow the permit to remain in place; 2) order the County to withdraw the permit until completion of the EIR; and 3) set the matter for hearing before the Court. To date, Assigned Superior Court Judge Frank S. Peterson has taken no action on Page 3 February 19, 1997 Award of Contract to Cold Creek Compost, Inc. for the Removal of Wood Waste and Yard Waste from the Ukiah Landfill and Require a Faithful Performance Bond in the Amount of $68,000 the EIR. There are a number of options available to the City Council regarding this contract. 1) Award the contract to Cold Creek Compost, Inc. based on their very competitive proposal. Due to uncertain Court action surrounding the Cold Creek Compost permit, staff recommends that Cold Creek Compost be required to obtain a faithful performance bond for a one year period or until the permit issue is resolved. Since the bond was not required in the Request for Proposals, staff proposes that the City pay the cost of obtaining the bond. The faithful performance bond amount will be $68,000 which represents the annual cost of the City's yard waste/wood waste removal program. This amount is based on the annual volume multiplied by the rate of the other proposer. In making this offer, the City proposes to pay the bond cost up to 1.5% of $68,000 or $1,020.00. Considering the savings of $8,000 by considering the Cold Creek Compost proposal over the Reuser proposal, staff believes that the cost of the faithful performance bond is warranted. The faithful performance bond would be enforced and would cover any extra costs should Cold Creek Compost be unable to remove wood waste and yard waste from the City's landfill due to Court or other actions. 2) Award the contract to whichever firm the City determines has performed satisfactorily. Chapter 6, Division 5, "Recycling and Anti-Scavenging" (Section 4483 et seq) of the City of Ukiah Municipal Code permits the City Council to award exclusive contracts with any responsible individual, association, or firm, organization or other business entity for the collection of some or all recyclable materials within the City without inviting bids or proposals or without giving notice either prior to or after the expiration of any such contract, if Council determines that the service provider has performed satisfactorily in the past. At the recommendation of the Director of Public Works, the City Council on November 20, 1996 determined that the collection and removal of yard waste and wood waste from the City owned and operated landfill complies with the provisions of this code section. The City Council may therefore extend the service agreement with Reuser, Inc. with or without the consideration of the proposals or may award a service contract to Cold Creek Compost, Inc. 3) Award a month to month contract to either Reuser, Inc. or Cold Creek Compost, Inc. for removal of wood waste and yard waste. RECOMMENDATION Of the three options, staff recommends number one in light of the positive financial proposal by Cold Creek Compost. tee ompos , M & M Feed and Supply, Inc: February 7, 1997 Mr. Richard J. Seanor Deputy Director of Public Works City of Ukiah Ukiah, CA 95482-5400 Re.' City of Ukiah Request for Proposals (RFP) for Removal of Wood and Yard Waste -Ukiah Landfill Dear Mr. Seanor: The enclosed proposal is revised with additional and updated information from our proposal of November 12, 1996. This cover letter is to provide you with some background information about our company. The Ukiah City Council 'has recognized the local benefits of our recycling facility by resolution. The enclosed letter from the City Council, written in 1994 in support of our efforts to secure additional funding for facility development, details the reasons the City has supported development of Our operation. Cold Creek COmpost's facility is a fully Permitted mixed solid waste compost facility on the Guntly Ranch in Mendocino County near.the entrance to Potter Valley. Our service area includes the counties of Humboldt, Lake, Mendocino, Napa, Sonoma and Yolo, although our market area is primarily focused in Lake, Mendocino and Sonoma. Our facility is currently permitted to receive municipal green material, manures, agricultural materials, wood waste, restaurant and grocery waste and fishery waste. In addition to our compost products, we are one of the largest suppliers of agricultural minerals in the area. We also offer soil analysis, blending and spreading services. Cold Creek Compost President, Martin Mileck, has owned and operated M & M Feed and Supply in Covelo since 1983. Cold Creek Compost, Inc., assumed the compost operations of M & M Feed & Supply in 1994. We are a member of the California Resource Recovery Association, California Organic Recycling Council, Composting Council, Association of Compost Producers, Farm Bureaus of Lake and Mendocino counties and the California NOrth Coast Grape Growers Association. Cold Creek Compost has all of the necessary equipment and facilities to provide all of the services required for diverting and recycling Mendocino County's green and wood waste. We are pleased to be able to provide the City of Ukiah with a local alternative for organic material diversion services. Our ability to provide diversion services pursuant to AB 939 and the soundness of our company was recognized by the California Integrated Waste Management Board' s award of a $565,000 loan under their Recycling Market Development Zone Loan Program in January of this year. ..~,~]' "Fertilizer and Soil Amendments for'Sustainable Agriculture" 74540 Hill Road · Covelo, CA 95428 ° (800) 524-4284 · (707) 983-6273 · Fax (707) 983-6785 We appreciate the opportunity to submit our proposal for services and look forward to your response. Please do not hesitate to call if you have any questions or require any further information. Yours truly, Eric Anderson General Manager Encl. ~" 300 SEMI ".~.,J~Y.-..~VE., UKIAH, ~ 95482-5400 :~ · ~MIN. 707/463-62OO · PU~C ~ 463-6242/6274 · ~ · F~ · 707/463-6204 · ~ Option g Funding Program ~ To Whom It May Concern: ~ At our meeting of July 20, l gg4 the City Council of the City of Ukiah considered and endorsed the ~ proposal by Matin Mileck, owner of M&M Feed and Supply, fcr Option g fundiAg. Attached is ti~e :~ resolution of suppo, adopted by the Council. ~ The project has significant merit and meets several of the City's economic development and related ' goals and objectives. We realize the proposed business site is outside of the City limits, but believe the se~ices provided will be positive to the City's residents. The retention of jobs, continuation of a , viable repository for local organic wastes, alternative to chemical fe~ilizers and pesticides, and maintenance of related businesses and employment make this project an effo, deserving of funding through this program. July 26, 1994 The proposal should not be viewed as merely a job creation/retention endeavor, but an opportunity to address several other issues of high priority to this community. The solid waste disposal matter, with composting and recycling as two of its most significant components, will be severely impacted without this business. The local agriculture industry will lose convenient/effective options at both ends of the operational spectrum. The elimination of a responsible disposal site (other than the already heavily burdened public landfills), combined with the loss of a supply of alternative soil amendments, will necessitate extensive travel out of the County or material imports to meet the current demands. These are in direct conflict to statewide goals of maintaining high air quality, reducin fuel consumption, and in general, improving the environment. -r.~,~..... ~.,,~-',;""*..j..... is to be fully permitted and must meet the requirements of the ~,~,,,ul,'""':' .... ,ia Environmental Quality Act (CEQA), thus insuring compliance with local, regional, and State regulations. Its location is suitable for a long term commitment to meet this Iocale's needs. The City Council of the City of Ukiah endorses this project and recommends funding through the Option 9 program. r-rea ~cnn~'er Mayor attachment mfh:adrrin:L OPTION 9 Mr. Martin Mileck City Council City Manager Board of Supervisors, County of Mendocino "We Are Here To Serve" Mr. Lukkasson has worked for M & M Feed and Supply since 1991. He is qualified and experienced in the operation of the equipment required to load the material for removal from the Ukiah Landfill site. He holds a valid California Class A vehicle license and will be one of the drivers responsible for hauling the material to our facility. · Randy Bloom, Truck Driver/Equipment Operator Mr. Bloom has worked as an independent trucker for many years. Prior to joining M & M Feed and Supply on a full-time basis in April of this year he had worked for the company on an occasional, pm-time basis. He is qualified and experienced in the operation of the equipment required to load the material for removal from the Ukiah Landfill site. He holds a valid California Class A vehicle license and will be one of the drivers responsible for hauling the material to our facility. Permits · County Use Permit All operations are conducted pursuant to, and in accordance with, our Use Permit #U 26- 93 as issued by the County of Mendocino. The permit allows us to receive a maximum of 400 tons per day/50,000 tons per year of incoming feedstock. Permitted feedstocks include manures, agricultural wastes, wood waste, municipal green waste, restaurant and grocery waste and fishery waste. The facility, has ample unfilled capacity more than adequate to receive the estimated amount of material contemplated by this Request for Proposals. Permitted days and hours of operation are Monday through Saturday, 7:00 AM to 6:00 PM. · Solid Waste Facility Permit Our Solid Waste Facility Permit is te23-AA-0029. · Storm Water Permit The facility has filed its Notice of Intent to Comply, paid the required fee, is registered as a general permittee with the State Board of Water Resources and has filed an approved Storm Water Pollution Prevention Plan and Storm Water Monitoring Plan with the California Regional Water Quality Control Board, North Coast Region. The facility's WDID identification number is 1B23S011534. · Air Quality Permit We are currently operating under the terms and conditions of Authority to Construct, permit #AC-94-33. While the copy of the permit enclosed with this proposal has an expiration date of May 1, 1996, our permit is current. We have paid our permit fee for the current year but have not yet received our newly dated permit. Should you have any questions regarding this matter, please contact Mr. Phil Towle, Air Pollution Control Inspector, County of Mendocino Air Quality Management District at 463- 4354. · Fire Clearances The project has been granted "Final Clearance" and "Approved for Occupancy" by the Department of Forestry and Fire Protection. 2. Demonstrate Understanding of Service Requirements Our company has the loading and hauling equipment necessary to provide the requested services. Based on the material volume figures provided by the City, monthly service requirements for the first three quarters of 1996 ranged from 1173 cubic yards to 2056 cubic yards. Based on the volume load capacity of our two trucks (one at 80 cubic yards and one at 60 cubic yards), loading time, round-trip time to our facility and landfill operating hours, we estimate at the highest reported monthly volume we could remove the material to our facility within 3 working days. Our trucks and equipment are available to us seven days a week, twenty-four hours per day. We understand the City's need for prompt service and we have the capability to provide the services as stipulated in the RFP, whether on a monthly or more frequent basis. 3. Proposed Compensation (see also ATTACHMENT "A") Cold Creek Compost, Inc. will provide the enumerated services at the following prices for the designated time periods: Fiscal Year 1997 -1998 (July 1, 1997 through June 30, 1998) Yard waste: $3.30 per cubic yard. Wood waste: $3.30 per cubic yard. Fiscal Year 1998 -1999 (July 1, 1998 through June 30. 1999) Yard waste: $3.30 plus an adjustment calculated by taking seventy-five percent (75%) of the net percentage change in the CPI* over the preceeding twelve (12) months and increasing the rate by the same percentage; provided, however, that in no event shall the adjustment in rate exceed four percent (4%). Wood waste: $3.30 plus an adjustment calculated by taking seventy-fix/e percent (75%) of the net percentage change in the CPI over the preceeding twelve (12) months and increasing the rate by the same percentage; provided, however, that in no event shall the adjustment in rate exceed four percent (4%). Fiscal Year 1999 -2000 (July 1. 199 through June 30, 2000) Yard waste: The Fiscal Year 1998 - 1999 rate plus an adjustment calculated by taking seventy-five percent (75%) of the net percentage change in the CPI over the preceeding twelve (12) months and increasing the rate from the prior Fiscal Year by the same percentage; provided, however, that in no event shall the adjustment in rate exceed four percent (4%). Wood waste: The Fiscal Year 1998 - 1999 rate plus an adjustment calculated by taking seventy-five percent (75%) of the net percentage change in the CPI over the preceeding twelve (12) months and increasing the rate from the prior Fiscal Year by the same percentage; provided, however, that in no event shall the adjustment in rate exceed four percent (4%). Under these terms the maximum rate charged for Fiscal Year 1998 - 1999 would be $3.43 per cubic yard; the maximum rate charged for Fiscal Year 1999 - 2000 would be $3.57. *(CPI shall mean the Consumer Price Index for All Urban Consumers for San Francisco- Oakland based on the year 1982-1984 = 100 as published by the U.S. Department of Labor' s Bureau of Labor Statistics.) 4. Proposed Sub-consultants and Contractors Cold Creek Compost, Inc. has all of the equipment and personnel required to provide the enumerated services and will not require the use of sub-consultants or contractors. (Our trucks are owned by M & M Feed and Supply, Inc. which also pays the drivers. Mileck is the majority owner and president of both corporations.) 5. Other Information. Mr. Equipment for loading and removal International 3 axle truck tractor with knuckle loader with grapple. Michigan 175 B series loader with 9 yard bucket. Peterbilt truck transfer unit. Volume capacity - 60 cubic yards. Weight capacity - 23 tons. Freightliner truck tractor with walking floor trailer. Volume capacity - 80 cubic yards. Weight capacity - 25 tons. (We ordered a new walking floor trailer on January 15, 1997. ) As noted above, our company has extensive experience over the past 15 years in loading and hauling a variety of waste materials. Through October of this year we have loaded and hauled more than 15,000 tons of material, including wood and yard waste, grape pomace, dairy and poultry manure, compost and firewood. End use of oroduc! 1. The removed material will be ground at our site or the end users location and used as feedstock for our compost products or as other soil amendment products such as mulch. The material will be ground xvith our WHO 12-foot tub grinder. This machine has a 500 horsepower engine and has the capacity to grind up to 25 tons per hour of material. We have been in operation at our Guntly Ranch facility since July 1, 1995 and have all of the equipment necessary to process the material into finished products for the end uses we propose. The material end uses we propose fully qualifies the wood waste and green material we receive as diverted material pursuant to AB 939. In addition to the materials handling experience noted above, we ground approximately 50,000 cubic yards of wood waste and yard debris in 1996. We also receive transfer station green and wood waste and curbside green material from Fort Bragg and the coastal area of Mendocino County. Cold Creek Compost, Inc. meets the insurance requirements as stipulated in the RFP and will provide the required documentation should we be the selected proposer. Attachmen[~ 1. ATTACHMENT "A" 2. The City has on file copies of our Use Permit gU 26-93, Solid Waste Facility Permit #'23-AA-0029 and County of Mendocino Air Quality Management District, Authority to Construct, permit #AC-94-33. Them have been no changes in our permitting and those documents reflect the current status of our operations. ATTACHMENT "A" Proposal Form Removal of Wood Waste and Yard Waste from Ukian Solid Waste Disposal Site Compensation for wood waste and yard waste removal from Ukiah SoLid Waste Disposal Site shall be indicated on the table below. Different fees may be quoted for each waste provided that the hauler removes each waste in separate trucks. Quoted fees shall remain firm throughout the respective fiscal year. Time Period Fiscal Year 1997 - 1998 (luly 1, 1997 through June 30, 1998) Fiscal Year 1998- (luly i, 1998 through June 30, 1999) Fiscal Year 1999 - 2000 (partial year) (July 1, 1999 through March 31, 2000) Wood Wastc Removal Fee (p~r cubic yard) Name of Firm: _ C~Ic[ C. ce,e..[~ ~.o-'s~[~,~4'1 "[;nc,: Address of Firm: Phone Number: ^u ,ur : Print Name: Date Signed: ~3 Yard Waste Removal Fcc (per cubic yard) REUSER '* ~INC.~ City of Ukiah Department of Public Works 300 Seminary Avenue Ukiah, California 95482-5400 Wood and Yard Waste removal Ukiah Landfill 370 Santana Drive · Cloverdale, Oalilornia 95425 · 707/431-1111 · FAX 707/894-2916 Reuser, Inc. Proposal for Wood and Yard Waste Removal Page 2 February 3, 1997 l, Firm Qualifications and Resources. Reuser, Inc. has performed the wood and yard waste removal for the City of Ukiah landfill since 1993. We have necessary permits and are in good standing with environmental and water quality agencies. Bruce and John Reuser have performed the work in a reliable and professional manner that has proved satisfac- tory in the past to the City of Ukiah. We have over 20 years experience in dealing with waste from the timber industry. We handle over 34,000 yards of soil condi- tioner and mulch on average per month. e Understanding of Service Requirements. Several years ago the City of Ukiah needed a company to provide an effective way to dispose of green waste and scrap wood to help comply with AB939. Reuser, Inc. did so by setting up a program that removes all green waste and wood scrap in a timely manner from the Ukiah landfill for off-site processing where we grind material into finished product ready for shipment into several different markets. We are prepared to respond to a request from the City of Ukiah for wood and waste removal within 5 working days of the call requesting such removal. 3, Proposed Compensation. Reuser, Inc. will load and remove both wood and yard waste as listed on Attach- ment A. The gate attendant and a Reuser employee will, on a daily basis tally all the wood and yard waste. We cannot accept any material contaminated or associated with hazardous materi- als (i.e, treated, painted lumber or any metals), if we receive such material it will be returned to the disposal site at no cost to Reuser, Inc. Material mixed with excessive quantities of dirt is unacceptable and will be left on site. We require all weather access to the material. Reuser, Inc. Propo,s. al for Wood and Yard Waste Removal Page 3 February 3, 1997 4. Proposed Sub-consultants and Contractors. None. . Other Information. Reuser, Inc. uses a Michigan L-160 loader and 2 1993 Freightliner tractors equipped with live floor trailers. One hundred percent of material that we pick up at the landfill is recycled; no material goes back to the landfill and none goes to power plants for fuel. ATTACHMENT "A" Proposal Form Removal of Wood Waste and Yard Waste from Ukiah Solid Waste Disposal Si'te Compensation for wood waste and y~rd waste removal from Ukiah Solid Waste Disposal Site shall be indicated on the table below. Different fees may be quoted for each waste provided that the hauler removes each waste in separate trucks. Quoted fees shall remain firm throughout the respective fiscal year. .: Time Period Fiscal Year 1997- 1998 (July 1, 1997 through June 30, 1998) Fiscal Year 1998 - 1999 (July 1, 1998 through June 30, 1999) Fiscal Year 1999 - 2000 (partial year) (July 1, 1999 through March 31, 2000) Wood Waste Removal Fee " (pe~'~ubic yard) ' 3.75 4.00 4.25 Yard Waste Removal Fee (per cubic yard) 3.75 4 ..00 4.25 Name of Firm: Address of Firm: Reuser,Inc. .' 370 Santana Drive, Cloverdale, CA 95425 ;: t~~~, zNeUdm~i; rl a t u rTe~7 Print Name: John Re 'u~ser Date Signed: January 30, 1 997 m ii ii i ii i . iii i ii 7 -3 ..... TO: FROM: County of $on0ma Depart:,enc of Planning SUBJ£CT: Fllin$ of Notice of Oete:~inacion in compliance with Section 2~[08 of 21!12 the Public Resources Code: 5cate Clearinghouse Nm:beT (if submit:ed to Scale Clearinghouse) dontact Person: Carol Whi tmire ~-otect Location: Santa Aria Lane~ Cloverdale, California AP 116-310-30 Telephone . 527-2911 ?ro,ec: Description: ~~ Wood by-products processtnR and scoraf, e facility ~ 5ante Ko::;, '~" ~/ Uocd ~gh9 v ~ This ~s co advise cha~ the Sonoma County .Board of Zoning Adju~n:s on Februn~' ~,., ?~ approved the above described project and has made the following determtna~ Tn.. :::gardin~ the above described project: l. The proJect/~,~,~/?'~ill not have a significant efft. ct on environmc~:. I. ~ Environmental l=9ac: Reporc was prepared for :his project pursuant :~ the provisions of CEQA. _ X A Negative Declaration ~'as prepared fo~ :his project pursuan: :~ :kc :re- visions of CEQA. The. ElK or ::egative Declarer: n and recorC of proJec: a=proval ~a': be exam:nec at the County Planning Devar:ment, !75 Administration Drive, Zoom Administration gui'ding. 5ante Rosa, CA. 3. Mitigation measures uere////ff#ff//ff~ff/! .~ade a condition of :. A statement of Overriding Canslduraclcns////v~//,'/.;as ]Ail ~CZ!~D FOR FILING: / ~'~'f / "'~' T}IO~S E. SOIKE SECRETARY, SONOHA {R~UN'I'Y ,.ON N(: ILl US'I'HI.iN'I'5 BOARD OF" 'I A ~:CTE: Authority cited Sec:ions 1]O83 and 2~O87 Public Resources Code. 5ec'i.:ns "OOO- ' [ 174 Public Re~ourcef Code. Re.,olut ion 9566 February 24, 1983 UP 10480 RESOLUTION OF THE BOARD OF ZONING AOJUSTMENTS, COU~ITY OF SONOMA, STATE OF CALIFORNIA, ADOPTING A NEGATIVE DECLARATIOll AND GRANTING A USE PERMIT TO MEPJ,E & BRUCE REUSE£ FOR A WOOD BY-PRGOUCTS PROCESSING AND STORAGE FACILITY ON SANTA ANA LANE, CLOVERDALE, 'C~LIFORN'IA, AP 116-310-30 14HE ~R.%AS the Sonoma County Board of Zoning Adjustments has considered the Use Per m ti Application of Herle and Bruce Reuser for a wood by-produzts processing and storage facility including bark, sawdust and chips, on Santa Ann Lane, Cloverdale, Cal£forn£a. AP 116-310-30, M2 District, Supervisorial District No.4, and WHE 'RJT. AS staff found and determined that the project, as described and subject co the attached conditions will have ~o adverse effects on the environment, and WHEREAS, in accordance with the provisions of law, one public hearing was held thereon, at which time ail interested persons were given an opportunity to be heard, and WHEREAS the u~e, as described and conditioned, .is fully consistent with the goals and policies':of the General Plan, with the land use designation of the Cloverdale Plan and with the exinting t 2 ~oning, and is compatible with surrounding uses, now ~iEREFORE BE IT RESOLVED that this Board of Zoning Adjustments does hereby adopt the Negative Declaration and approve the Use Permit for a wood by-products process- ing and storage facility includ~ng bark, sawdust and chips, and BE IT FURTHER RESOLVED thac said Board of Zoning Adjustments action shall be final on the 13th da; after the date of the resolution ,~nless an appeal [s take~. THE FOREGOING RESOLUTION was [ntrod.ced by Commissioner BoJanowski who moved its adoption, seconded by Commissioner Nichols:; ;,~d adopted on roll caJl by the following vote: Commissioner Nicholas Commissioner Marquardt Comm~ssioner Senneff Commlssioner BoJanowski CommOn, sinner Mills Ayes: 5 Noes: 0 Absent/Abscain: 0 ..\ve Aye Ave Ave Aye WlIEREUPON, the Chairma:l declared the above' and foregoing resolugion dulv adopted, and SO I)RDERED Re,olution # - S amta Rosa Wood Shavings0. KXHI3/T Conditions of Approval Use Permit File.~UP 10480 Date of ~earing: Feb. 24, 1983 Health' Deoart~nt : 1. Toileu facilities shall be maintained at ~oPe existing offic-~ fur employee.~ · 2. Prior ~o iss~ce of. b~lding per~, ~he fol!~'ing info,at, on rela~ =o ~he ~nia storage area will be provided =o ~he Dept. of Heal~: a. A d~cri~cion of =Pe &forage area and ccn=ai~nc in ~%e event', of spillage. b. Ammuntm gensra'l!y an sits. c. A .d~scri.oticn of ~Pe storage c~n=airier. Piles of stored, processed .~ateria! shush be ke.o¢ covered lea=king of nitrogen. The storage area shal- be on an i .mpermeab:e base. Noise shall be contro!ied so a~ nou ca ~.xc~-.d 65 dBA between 7::~0 A..~.. and 7:~0 P.M. nor 50 dBA between 7:00 P..~:. and 7:00 A.M. No~se .,-~asure- ~ntm co be ~ade au che 'nearest ne,_ghboring residenc~. Calif. Recl. Water Qualicu Con=rul ~oard: - 5. The applicant proposes co store 8,000 gallons of aqua ammonia and gallon~ of diesel fuel on site. £n order to do c.~-i$ ~he applicant com.olg with TitLe 40 Code of Federal Regulations, Pa?C 112 (40 C.~R, Parc which requires: a. T,hat t. he .'anks be !oca=ed on a non-oerrneable substraue surrounded - by a ber~. The bers~d area mu~t have a con~.ainm~nt capacity equal co or greater c.~an ~.~e largesu storage car3~. 6. A S.oill Prevenuion Control and founcer~sasur~ (SPUC] plan ..~us~ ~reoared. The SPUC u!an musu be'prepared within six (6) ..~nc.hs . . . facility completlc~, and cert.!find by a professional engineer. The applicant shal~ comply w£~h ra~guire~nrm set forth by c.~e Regional watur Qualicy Control Board (Staue of California), Santa Rosa. ".'ne Regional Board should be co~acted (576-2220.). Fi.re DeDart.-'~nt : 7. A diked ar~a adequate enough c~ handl~ co~al conusnus, shall surround diesel and ,~m~nia tanks. 8. A barrier on eam~: .oropercy £ir.,: co prohibit sawdusu from spliling ;nco n,iqhboring property shall be .:c~struc~ed.:. UR. 10480 -- Wacar Acenc~: 9. .A building setback lflu~, ~/ong ~ ~ay r~all be ~~d from ~he .c:e of ~e str~~ ou~ar~ a ~sta ~ ~s ~e height of the stre=~ p~'us 30 fr.. mr 30 ft. ou, ' f~m ~e Cop of be applied =o storage of ~i ~ta~ procasmed'. . . !0. Agplic~c ~h~l obta~ ~i hpp~l~ pa~ f~ Building Oa)a~nr, ~~0= of Envir~ntal Keal~, No~h Coast Regional C~n=Jc! BcFrd ~d. No~e~ Sono~ Co~ty Air Pollution Dis~ricc. I1. A~ ~tarials stood on-si~ =h~l be cuv~d wi~ ~ or prorated'~ 4eca~ned by NO~ Co~C Regional Water Quality Concro! Boa=d co grain= iaac.~ng of nitrogen. !2. A'pplic~= sh~! s~= o!~s co and receive approval from :ha Scno~ . Co~cy ~sl~ ~e';:~. Said pl~s. shali ~nc!uda but no= be stature, 7including =~s) l~caglng, par,~ng, clrculaczon'. approval. ' 13. This ~= shall ba s~jec= co rav~acion or ~dificati~n of ~o~nc Adjusc=~n=s if: (a) ~h= $uard fin~ ~ar chafe has been non- co~li~ca wi~ anu sf =~a fore~ing c~ditio~ or (b) the Board finds . ,~a~ the ~ for whic.9 chis ue~c is hereby gr~d is . Co be s~sr~al!y de=rich=al co oa~ons or p~y in c.~a naigP~or- ho~ =o ~e ~a. ~y su~' re,cation sh~l be preceded by a o~lic ha~ing no,cad ~d heard pu~C =o Sec. 26-20T ~d 26-207.2 of C~a ....................................... Sac. 26-20T. i (Ra~ca~cn for f~lu~ =o ~a or ~ando~nc of in any r~ ~,hara a'zcn~ng pa~c, use pe~r =~r variance uer~c has ~een ~ad '~ '.9In one year ~ter Lha date of ~ grating =.%areof .;r for such ad~tional ~riod ~ ~y be s~clfiad in ~a parC, suc.~ beco~ auto~clcally ~d ~d of no fu_~.gar affect, p~v~dad, u~n written requms= by ~a appllc~r prior =o the axp~Jaclon .ur :he 3ne year period ~a parc approval ~Y be ~andad for hoc ~re than 3ne ya~ by ~a au~mr~ty w~c.9 gr~tsd the oriq~al ~c. -2-- This is to certify that the person(s) named below has {have) registered and pa~d the fee for Bus~ness Ucensq.as CONSPICUOUS Pt. ACE required by the City of Ukiah Municipal Code and all Amendments thereto. "~ FOR PERIOD 1/01/96 TO1Z/31/96' BUSINESS/LICENSE NO." LOC: ~370 'SANTANA"Oi~' REUSER' INC, ' RELtSER~ ~' BgUC~ 370 :SANTANA. ~..':--:- . :'~.CLOVERDALE · -' ..-,,,-... r?..';-..J ;-':~ .... .: ..,.:....~...,.~,..,: ....... .-. ..... .-.~,~.,,=,-~. .... :: ........ ~'' . . ' ' ...:'..TYPEOFBUSINESS ' ' , · . FOOD/KINDRED':~ PRODUCTS" ~ ;.,'. ..: .': '...:,' .'~: ..' .... :..,:' : -: . I~': 954.z5 ~ · '-'- ', .'.. ;:,~..':... -..., --: · -:,-,.;:.. ':..-";-I zP, R 000000 ~0~00 ~0~~ C n, 0 .-- z C c c 0 2 3 4 6 7 9 11 12 13 14 16 17 18 19 22 ;4 sUP~zoR .COURT STATE OF CALZFO~ COUNTY OF PRESERV~ COUNTRY NEIOHBORHOODS, et al., V~ No. CV91886 COUNTY OF MENDOCIN0, et al.., N & M FA~D, et al., STATUS C~ONF~ ,~NCE ~ULIN~ ~eal Parties in Interest. The Court mt this time is not chan~ing it's ~uling, but U~n ~v~ew, 'th~ ~urt will do one of thee ~h~n~e, . 1. All~ ~It to remain in effect; . 2. ;OrSer ~ty to withdraw ~1% until =~mp/e~ton :of 3. 'Se= =he mar. tar ~or hearinD. Dated: D~cembor. 23, ~996. , . .: .-, ;., ...... OFFICE ITEM NO. 9a DATE: February 19, 1997 AGENDA SUMMARY REPORT SUBJECT: RECEIVE AND FILE THE AUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR 1995/96 Stephen Herr, CPA of Davis Hammon & Co., Certified Public Accountants, conducted the audit of the City of Ukiah's financial statements for the year ended June 30, 1996. Davis Hammon & Co. has audited the City's financial statements for a number of years and therefore has a good understanding of the City's operations. This continuity also provides the financial statements with a similar presentation from year to year. Mr. Herr will attend the Council meeting and answer any questions the Council may have. The financial report is divided into several sections: REPORT Table of Contents Independent Auditors' Report (opinion) Combined Financial Statements Notes to Financial Statements Enterprise Funds Combining Statements Single Audit Information Supplemental Information Ukiah Redevelopment Agency Audit Report Pages i 3 4-9 10-21 23-30 32-48 50-52 53-62 Independent Auditors' Report The auditors' opinion, titled "Independent Auditors' Report," is unqualified. This means the overall financial statements present fairly, in all material respects, the financial position of the City as of June 30, 1996. In prior years an exception was noted regarding lack of adequate fixed asset records. The valuation of (Continued on page 2) RECOMMENDED ACTION: Receive and file the City of Ukiah financial statements for the year ended June 30, 1996, audited by Davis Hammon & Company, CPA's. ALTERNATE COUNCIL POLICY OPTIONS: None Acct. No. (if NOT budgeted): N/A Acct. No. (if budgeted) : N/A Appropriation Requested: N/A Requested by: Candace Horsley, City Manager Prepared by: Gordon Elton, Finance Director Attachments: 1. City of Ukiah Financial Statements - FY 1995-96 2. Schedule of Combining Funds APPROVED: ~ ~ ~ Can~ace Horsley,~Ci~y Manager the fixed assets was completed and was integrated into the financial records for FY 95/96. This integration resulted in changes to the fixed asset amounts in the financial statements. Combined Financial Statements As a whole, the City is fiscally sound. The audited financial statements present a summary level for the General Fund, Special Revenue Funds, Debt Service Funds, Capital Project Funds, Enterprise Funds, Internal Service Funds, and Trust and Agency Funds as well as listing the totals for the General Fixed Assets and General Long- term Debt Account Groups. This summary is as an overview from which only generalized conclusions should be drawn. In addition, Combining Statements of the Enterprise Funds are included on pages 23-30. The general ledger maintains many more funds than are identified in the audited financial statements. Attached is a schedule of the funds that are combined into the funds as identified in the audit report. Ukiah Redevelopment Agency The Ukiah Redevelopment Agency financial records are included in the statements labeled "City of Ukiah" as well as presented separately at the end of the audit booklet. This presentation is required under the generally accepted accounting principle of "reporting entity" which states that any entity that the City Council controls a majority of must be included in the City financial statements (Note iA, page 10). Notes to Financial Statements Other than the numbers in the financial statements themselves, the "Notes to Financial Statements", which begin on page 10, provide important additional information about the financial condition of the City and the manner in which business is conducted. Note 7, Capital Leases, and Note 8, Long-term Debt, beginning on page 15, identify the commitment for future lease and debt obligations. Note 10, Interfund Assets/Liabilities, lists amounts owed between funds. This listing includes the amount funds have overdrawn cash and loans between funds. Note 11, Other Required Individual Fund Disclosures, lists funds that have deficit fund balances and the portion of fund balances that are reserved or designated for specific purposes. Landfill Closure and Post-closure Costs, Note 13, discusses the calculation of the City's future obligation for these costs. Note 15, Joint Powers Agreements, page 18, identifies the joint powers agreements the City has entered into. Note 18, Prior Period Adjustments, page 20, identifies adjustments made to the fund balances as of July 1, 1995 and the reasons for the adjustments. Single Audit (Audit of Federal Funds) The Single Audit section is the area where the auditors report on compliance in accordance with government auditing standards, compliance with general federal requirements, and on internal control structure. The areas identified as potential problems are: 1) Some investment maturities do not comply with state law or City policy. 2) Cash and investment accounts were not routinely reconciled to the primary accounts and records of the City. 3) Fixed Asset records were not updated as accurately and timely as GE:AUDIT96.AGN Page 2 they should be. 4) Grant reimbursement requests were not always prepared based on sufficient documentation. Plans are either in place or under way to address all of these concerns. Management responses are included with each issue the auditors raised. There is money in the FY 96/97 budget to obtain the services of a consultant to prepare the initial reconciliation of cash and investments to the general ledger and establish the procedures that will facilitate ongoing reconciliations as well as maintenance of the fixed asset records. Recommended action Staff recommends receiving and filing the audited financial statements for the year ended June 30, 1996. GE:AUDIT96.AGN Page 3 CITY OF UKIAH SCHEDULE OF COMBINING FUNDS JUNE 30, 1996 GENERAL FUND 100 General 110 Special General 115 General Reserve 130 Replacement Reserve 131 Equipment Reserve SPECIAL REVENUE 140 Park Development 141 Museum Grants 142 Narl Science Foundation 200 Asset Seizure 201 Asset Seizure (Alcohol/Drug) 210 Traffic Safety 270 Signalization 280 Storm Drain 300 2106 Gas Tax 301 2107 Gas Tax 302 2107.5 Gas Tax 303 2105 Gas Tax 332 Federal Shelter 333 C.D.B.G. Grant 335 C.D.B.G. 340 SB 325 Reimbursement 341 S.T.P. 345 Off System Road 960 Community Redevelopment 962 RDA Housing DEBT SERVICE 150 Civic Center 966 RDA Debt Service CAPITAL PROJECTS 120 Capital Improvement 361 High School Park Project 698 Fixed Asset Replacement 965 RDA Capital Projects INTERNAL SERVICE 575 Garage 678 Public Safety Dispatch 696 Stores 697 Billing Enterprise TRUST & AGENCY Trust 900 Special Deposit 940 Payroll Posting 920 Liability 910 Workers' Compensation 260 Business Improvement Agency 640 UVSD Revolving 650 UVSD Special 651 REDIP Reserve 652 REDIP Enterprise 663 MSWMA Countywide JPA 670 USW Billing 950 General Services ACCOUNT GROUPS 980 General Long-Term Debt 990 General Fixed Assets ENTERPRISE Electric 550 Lake Mendo Redemption 555 Lake Mendo Reserve 800 Electric 801 Electric Revenue 810 Electric Reserve Street Lighting 805 Street Lighting Water 820 Water 840 Special Water Disposal Site 660 Disposal Site 661 Disposal Replacement 664 Landfill Postclosure 665 Disposal Replacement Sewer 500 Sewer Bond Redemption 610 Sewer Service 611 Sewer Construction 612 Sewer 613 Sewer Construction 615 Sewer Replacement 618 Flood Damages 620 Special Sewer Airport 310 Special Aviation 312 Master Plan 315 Capital Improvement 320 Airport Clearzone 600 Airport 601 Runway Construction 602 Runway Repair 603 Hanger Site Improvement Parking District 220 Parking Operations 230 Parking Revenue 530 Parking Redemption Golf 693 Golf Course Clubhouse 694 Golf Course Capital 695 Golf Ambulance 680 Ambulance Youth Community Services 405 Youth Community Services Recreation 400 Recreation Conference Center 410 Conference Center 2:\96-97Budget~schdfund.wpd ITEM NO. 9b MEETING DATE: 2/19/97 AGENDA SUMMARY REPORT SUBJECT: Adopt resolution amending Section 21 of the Procedures of Conduct of the City Council Meetings relating to abstentions SD-MMARY: At the conclusion of the legal workshop for the City Council, the City Attorney was asked to draft a proposed amendment to the City Council voting procedures. During the workshop councilmembers learned that under the current rule in Section 21 of the City Council voting procedures, an abstention is counted as a "yes" vote. Councilmembers routinely abstain from voting on measures for a variety of reasons. For example, councilmembers who did not attend a meeting usually abstain from approving minutes of that meeting, because they weren't there and can't verify that the minutes accurately reflect what happened at that meeting. Similarly, in continued public hearings, councilmembers frequently abstain from voting, if they did not attend the prior meeting and, for that reason, did not hear the testimony at the prior meeting. In those instances the councilmembers do not want their abstentions counted as "yes" votes. The revised rule provides that failures to vote or abstentions are not counted. It adds that a measure will not pass unless it receives a yes vote from a majority of the councilmembers present, provided a quorum is established. It counts the abstaining councilmembers in determining whether a quorum is present. The current city council voting rules do not address how many votes it takes to pass a measure. In the past the council has passed measures by a majority vote of the councilmembers present, which could result in a measure passing by a vote of 2 in favor, where [Continued on page 2.] RECOM~=NDED ACTION: Adopt resolution approving amendment. ALTERNATI~= COUNCIL POLICY OPTIONS: Revise the proposed amendment limiting the situations in which a councilmember can abstain or change the number of votes needed to pass a measure. Acct. No. (if NOT budgeted): N/a Citizens Advised: N/A Requested by: City Council Prepared by: David J. Rapport, City Attorney Coordinated with: Candace Horsley, City Manager Attachments: Proposed Resolution ~ ',~ / Approved:~ ~'%~4_~ [Continued from page one.] only three councilmembers attended the meeting. The Brown Act discusses voting indirectly in Government Code Sections 54952.2 and 54952.6. Government Code Section 54952.2 defines "meeting" as ". . . any congregation of a majority of the members of a legislative body . . . ,, Government Code Section 54952.6 defines "action taken" to mean " . . . a collective decision made by a majority of the members of a legislative body . · "[C]ollective decision" may refer to a vote among the members of the legislative body and not only the "yes" votes by a majority of the members. A contrary interpretation is, of course, possible. If the Council were to take the conservative approach, interpreting these Brown Act provisions as requiring measures to pass by a majority of the full council, this would require a minimum of three votes to pass a measure. At meetings with less than all councilmembers present measures may have to pass by a 3/4 or unanimous vote. In those situations an abstention might effectively defeat a measure. No court decisions have interpreted this Brown Act language. While a small risk exists that a council action passed on a 2-1 vote might be challenged on the basis of these Brown Act provisions, practical considerations argue in favor of continuing the council's past practice, but making that practice explicit in the council's procedural rules. s:\u\agenda96\voting February 13, 1997 RESOLUTION NO. 97-11 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTION 21 OF THE PROCEDURES OF CONDUCT OF THE CITY COUNCIL MEETINGS FOR THE CITY OF UKIAH WHEREAS, 1. Section 21 of the Procedures of Conduct for City Council Meetings currently requires city council members to vote unless disqualified due to conflict of interest and counts any abstention as an "aye" vote; and 2. Councilmembers abstain from voting on matters for other valid reasons and do not believe those abstentions should be counted as a vote in favor of a motion or other action submitted to a vote of the City Council; NOW, THEREFORE, BE IT RESOLVED as follows: 1. Section 21. Failure to Vote is hereby amended to read as follows: SECTION 21. Failure to Vote Councilmembers present at a City Council meeting shall vote unless disqualified by reason of a conflict of interest or where the councilmember in good faith believes that he or she should not vote on a measure for good cause, such as, but not limited to, not having attended a prior meeting essential to an informed vote on the measure. A failure to vote or an abstention shall not be counted. A measure shall pass only if it receives "aye" votes from a majority of the councilmembers present at the meeting, provided a quorum is established. Councilmembers abstaining shall be counted in determining whether a quorum is present. 2. The City Clerk may republish the Procedures of Conduct of the City Council Meetings with this amended version of Section 21. s:\u\resos97\voting February 13, 1997 PASSED AND ADOPTED this 19th day of February 1997, by the following roll call vote: AYES: NOES: ABSENT: ATTEST: Sheridan Malone, Mayor Colleen B. Henderson, City Clerk s:\u\resos97\voting February 13, 1997 ITEM NO. 9c DATE' February 19, 1997 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION CREATING ORCHARD PARK AND APPROVING CONSTRUCTION BUDGET NOT TO EXCEED $20,000 Approval of the major subdivision creating Marlene Estates in 1990 provided a park dedication of 31,941 square feet, at the intersection of Orchard Avenue and Cindee Drive. Since that time some improvements such as grading, tree planting, and initial irrigation have occurred. A detailed site plan and cost estimate in the amount of $17,002 for the complete construction of the park has now been completed by Parks Supervisor, Larry Wise. The plans, as proposed, provide for a passive park which will enhance the adjacent creek and create a much needed green space within the subdivision. Details of the design include a mounded oak grove with ground cover to form a barrier to the freeway, and concrete based picnic area with barbecue pits, tables, and drinking fountain. The remainder of the park is turf with a small landscape area to screen the irrigation backflow devices. All improvements are ADA compliant. The plans were submitted to and approved by the Parks and Recreation Commission at their January meeting. Should Council approve the project, Parks staff will commence construction in May 1997. Funds for the park construction are designated as $20,000 in the Park Development Fund, 140-6050. Staff is requesting adoption of the resolution creating Orchard Park and approval of construction costs at an amount not to exceed the $20,000, as budgeted, to allow for contingencies. RECOMMENDED ACTION' Adopt resolution creating Orchard Park and approve construction budget, not to exceed $20,000. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine park design and budget require revisions and adopt resolution as revised. 2. Determine creation of park is inappropriate at this time and do not adopt resolution. Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: Prepared by: Coordinated with: Attachments: 1. 2. 3. Acct. No. :140.6050.800 (if budgeted) Larry W. DeKnoblough, Community Services Director Candace Horsley, City Manager Draft Resolution Park Site Plan and construction estimate Excerpt from Fiscal Year 1996/97 Budget APP ROVE D~:_.~._(~'~ ~1~~,~ LD/ORCHRDPK.^SR-Candaco Horsley, Cit~Manager 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH CREATING ORCHARD PARK WHEREAS, the City of Ukiah is in receipt of 31,941 square feet of parklands fronting OrChard Avenue dedicated through Subdivision No. 90-21, Marlene Estates; and WHEREAS, the City of Ukiah General Plan has identified this property as Orchard Park and calls for its development within the Parks and Recreation Element; and WHEREAS, the City Council has allocated $20,000 for the development of Orchard Park in the Fiscal Year 1996/97 budget, Account No. 140.6050.800 NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah does hereby adopt the 31,941 square feet of land dedicated through Subdivision No. 90-21 as Orchard Park. PASSED AND ADOPTED this 19th day of February, 1997 by the following roll call vote: AYES: NOES: ABSENT: ATTEST: 'Colleen B. Henderson, City Clerk Sheridan Malone, Mayor :~q pa.~o~ddv :,~q City Of Ukiah - Parks Division Orchard Park Larry Wise~~Park Supervisor 300 Seminary Ave Phone: 467-2805 2/7/97 Ukiah, CA 95482 Extension Quanity Unit Price $200 2 $100 Barbeque Pits $1,950 3 $650 Picnic Table 65"x92" (model 100s) Outdoors Creations Inc. (shipping at 2450 lbs. each not included) $290 I $290 Bench 12"x96" (model 403) Outdoors Creations Inc. (shipping at 500 lbs. not included) Anahiem, CA $683 1 $683 Street Light Standard __ _ Fixture provided through the Electical Deptment $1,240 I $1,240 Drinking Fountain (model 440) Most Dependable Fountains ~ (shipping at 150 lbs. not included) Memphis, TN _ $2,732 i Irrigation $1,171 Plant Material (including seed) ! tAdd $3,500 for sod - $3,294 ~ I Concrete slabs (including base rock) $5,037 Soil amendments $406 Fencing and Gate $17,002 Total -- -- __ _ City Of Ukiah - Parks Division Orchard Park Larry Wise~~Park Supervisor 300 Seminary Ave Phone: 467-2805 2/7/97 Ukiah, CA 95482 Description ~Extension Quanity Unit Cost Barbeq ue 100 1 100 - lOOi i _ Picnic Tablet 650 1 650 65"x92" (model 100s) Outdoors Creations Inc. 6501 (shipping at 2450 lbs. each not included) Bench ~ 290 1 290 12"x96" (model 403) Outdoors Creations Inc. 290 '(shipping at 500 lbs. not included) Anahiem, CA 599 Light street light fixture _ 682.7175 58.7175 0.75 78.29 cu. yd. of concrete 25 1" conduit & fittings Drink Fou 1240 1 1240 (model 440) Most Dependable Fountains 1240 (shipping at 150 lbs. not included) Memphis, TN _ Irrigation 1980.3 ..... Wyatt price quote 2732.3 227 10% mark up 175 vandal resistant controller box 350~ trencher/day @ Big4Rents _Plants 3798.52 0.22 17266 Turf Sod 17,266 sq. ft. (.22/sq.ft. Park Avenue Turf, Sebastopol) 1170.6028 302.155 17.5 17.266 Turf Seed ~17,266 sq. ft. (10lbs. per 1000sq. ft. (~ $1.75/Ib) 172 lbs _ 250 1 250 Wildflower 11,700 sq, ft, 470 I 470 Tree & Shrubs (5-15ga1. trees; 26-5gal.shrubs; 15-1gal.shrubs) _ 76.4478 3 25.4826 Tree root barriers 37.5;8.95;2.75 (Dennis) 72 14i 3 Fertilizer ( Endur Starter 15-15-15 [ 8lbs. per 1000; 50lb bags @$14]) Ag. Tablets I - ~Concrete 1859.715 24 77.48813 5 sack crete, 6+yds.per drop rate 3293.5757 1080 24 45 colorant $3/Ib. @ 3lbs./sack @ 5 sack mix (3'5'$3=$45yd) 353.8607 18 19.65893 ~ base rock _ Amends 2797.731 17.5 159.8704 0.25 4316.5~ 159.8704 Nitrolized sawdust for seed cover __ 5036.6204 3,, -17266 /27 t I-ROC 2238.889 31 72.22222 0.166667 1950 72.22222 ! Wood Chips 2" '11700 /27 Kirtley Fencing 67.4076 0.87 ~, 77.48 concrete for posts 406.4076 134 ___.1 134 fencing m_aterial/hardware/railin_g - .......... 205 1 205 heavy duty gate Z 0 rn Ill ITEM NO. 9d DATE: February 19, 1997 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION REGARDING COUNCIL COMMITTEE ASSIGNMENTS AND DETERMINATION REGARDING ALTERNATES FOR THE MENDOCINO COUNCIL OF GOVERNMENTS AND MENDOCINO COUNTY INLAND WATER AND POWER COMMISSION At the January 15, 1997 meeting, Council made appointments to the various Boards, Committees, and Commissions that require City representation. Since that time, the Mendocino Council of Governments (MCOG) has indicated a necessity to have an alternate for Councilmember Kelly, and the Mendocino County Inland Water and Power Commission (MCIWPC) has stated a similar need for an alternate for Mayor Malone. The alternates need only attend the meetings that the City's appointed member is unable to attend. Additionally, I wish to inform Council that at the February 1, 1997 Quarterly meeting of the League of California Cities, Councilmember Kelly submitted her name to Division President, Carol Chase, to forward to the League of California Cities nominating her to the Parks and Recreation Policy Committee. Jim Mastin also agreed to sit on the Transportation, Communications, and Public Works Policy Committee. We recommend the City Council determine alternates for MCOG and MClWPC. RECOMMENDED ACTION: After discussion, Council make appointments of alternates to the Mendocino Council of Governments and Mendocino County Inland Water and Power Commission. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. None. Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: Requested by: Prepared by: Attachments: Acct. No.: (if budgeted) N/A Mendocino Council of Governments and Mendocino County Inland Water and Power Commission Candace Horsley, City Manager 1. Council Committee Assignments aPPROVED:, ~ ~~~ 4/Can. ASRAItor Can"-~dace horsley, Cit~/I~nager COUNCIL COMMITTEE ASSIGNMENTS JANUARY 16, 1997 Chamber of Commerce Liaison City/County Leadership Group (was Mayor/Manager Committee) City Selection Committee Council/County Supervisor Committee (on hold) Investment Oversight Committee League of California Cities Division Delegate (approx. 5 out-of-town meetings) League of California Cities Policy Committees (quarterly meetings) Local Agency Formation Commission (LAFCO) (Rotational City Membership) Mendocino Transit Authority (MTA) Board of Directors Main Street Board of Directors Mendocino Council of Governments (MCOG) Mendocino County Inland Water and Power Commission Mendocino Solid Waste Management Authority - JPA (MSWMA) Mayor Malone Mayor/City Manager Mayor (required) Mayor & Councilmember Kelly District I & II Supervisors Mayor/Councilmember Ashiku Vice-Mayor Mastin Councilmembers Kelly/Mastin Councilmember Ashiku is Alternate Vice-Mayor Mastin Councilmember Chavez and City Manager or her designee Councilmember Kelly (Alternate - Mayor Malone (Alternate - Vice-Mayor Mastin North Coast Railroad Authority (NCRA) · Northern California Power Association (NCPA) Mayor Malone Councilmember Ashiku and · Transmission Agency of Northern California (TANC) SunHouse Guild ex officio liaison Ukiah Valley Sanitation District (UVSD) Alternate - City Manager or Electric Utility Director Councilmember Kelly Mayor or his designee (Councilmember Chavez) Downtown Master Plan Committee (on hold) Economic Development & Financing Corporation (EDFC) Finance Review Committee Commissioner Chavez Commissioner Kelly Agency Chairman and Ashiku Alternate - Vice-Mayor Mastin 4:CC:CommAss.97:Rev. 1/16/97 ITEM NO. 9e DATE: February 19, 1997 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION OF FINANCIAL STATEMENT FORMAT Financial information relative to the current year revenue and expenses, presented on a regular basis, are important to both department heads and Council. The interim reports distributed to individual departments contain a level of detail that they need to monitor their operations. This level of detail, while valuable to department heads, may provide excessive detail to the Council without providing a real overview of operations. Staff has worked on potential financial report formats over the past several months. Initially a format similar to the reports distributed to the department heads, but at a summarized level was developed. This format presented revenue and expenses on separate schedules. While it provided more detail than the attached format, it covered 15 pages, 8 pages for revenue and 7 pages for expenses. Council member Kelly suggested that a schedule which presented both revenue and expenses together for individual funds would be more appropriate and helpful for Council's review. The attached format was developed based on the "Fund Summary" schedule in the budget. One line shows the total year-to-date revenue and the total year-to- date expenditures compared to the adopted budget for each fund. The financial software that the City uses to record all financial transactions is limited in its capability to produce reports. Production of summary level reports is one of its more limited capabilities. To produce the information on the two attached pages, the computer generated reports total 136 pages. The attached report is prepared by re-entering the totals for each fund into a spreadsheet document and printing in the format you see before you. Staff can readily produce a report in the attached format since it deals only with the totals for each fund. (Continued on page 2) RECOMMENDED ACTION: Determine the format for financial reports to Council. ALTERNATE COUNCIL POLICY OPTIONS: None Acct. No. (if NOT budgeted): N/A Acct. No. (if budgeted) : N/A Appropriation Requested: N/A Requested by: Candace Horsley, City Manager ~4~ Prepared by: Gordon Elton, Finance Director. Attachments: City of Ukiah Interim Financial Statement (Draft) APPROVED: C~nd~ce ~orsley, ~y Manager Financial reports can be prepared in almost any format that the Council desires, however, the staff time required to produce the report will vary with the complexity of manual gyrations required for the desired result. Also interpretation of the financial activities of the City at any point in time may require significant time from each department. The value of the result must be weighed against the impact on ongoing services when determining the composition of the report. Staff recommends adoption of a financial report format, such as the attached, that provides the necessary information for Council without adding unnecessary complexity and detail. 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Z -I rTl -n Z Z o · -n 0 C~ i-n o 0 -I rtl Z rTl Item No. 9f Date: February 19. 1997 AGENDA SUMMARY REPORT SUBJECT: Authorize the Mayor to Execute a Letter of Agreement with the Northern California Power Agency for the development and filing of an Integrated Resource Plan with the Western Area Power Administration for an amount not to Exceed $1,807. REPORT: As a condition of our purchase power contract with the Western Area Power Administration, the City of Ukiah along with all power customers of Western, are required to conduct and file with Western on an annual basis, an Integrated Resource Plan (IRP). The Northern California Power Agency will develop an IRP for the NCPA Power Pool and determine a combined plan for each interconnected member that will meet the pooling requirements. NCPA will supply Western with a combined Power Pool plan. This plan will recommend demand side management ( DSM ) and supply side resource acquisition strategies, if needed. The action plans will develop an inventory of resources on a comparative cost basis which will be updated on an annual basis. In addition, NCPA will develop an IRP evaluation methodology to track the implementation and effectiveness of the City of Ukiah's IRP submittal. The evaluation will focus on the results of both the two- year and five-year action plans. The methodology would cover: (1) load forecast performance, (2) supply side investments and costs, (3) DSM investments, costs, and savings, and (4) wholesale market prices. This study will assist the City in determining future alternatives for satisfying our load requirements. This activity is budgeted in 800- 3733-250. RECOMMENDED ACTION: Authorize the Mayor to Execute a Letter of Agreement with the Northern California Power Agency for the development and filing of an Integrated Resource Plan with the Western Area Power Administration for an amount not to Exceed $1,807. ALTERNATIVE COUNCIL POLICY OPTIONS: Deny Authorization and Define Alternative. Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Coordinated with: Candace Horsley, City Manager Attachment: 1) Letter Agreement for Services (~ndace Horsley; Ci~ Manager LETTER OF AGREEMENT FOR SERVICES BETWEEN CITY OF UKIAH AND THE NORTHERN CALIFORNIA POWER AGENCY The Preamble of the Member Service Agreement states that from time to time, the Northern California Power Agency (NCPA) may provide services relating to the supply of electric power and energy to some or all of the Members upon their request. The Letter of Agreement between the City of Ukiah, and NCPA acknowledges such a request for service. NCPA agrees to provide assistance to the Member as detailed in Appendix A attached hereto. NCPA warrants that all work will be completed in a timely manner and on a best-effort basis. NCPA and the Member may terminate this Agreement prior to completion of the tasks described in Appendix A at any time upon five days written notice to NCPA. The Member agrees to allow access to those records that NCPA deems necessary for successful completion of all tasks. When the tasks specified in Appendix A are completed, NCPA and the Member will jointly review each task for completeness and acceptability. Member acceptance of the results of each task will release NCPA from further responsibility for the task. NCPA and the Member mutually agree that the Member shall assume any and all responsibility for costs or penalties that may arise from the Member's use of the work, or any part of the work done by NCPA for the Member pursuant to the terms of this Letter Agreement and the Member shall hold NCPA, its officers, employees, agents and assigns harmless from the consequences of such use. NCPA agrees to provlde, and the Member agrees to pay within thirty (30) days after presentation thereof, a monthly itemized bill for services including but not limited to labor, materials, and the use of facilities and related overhead. Compensation for services and costs to NCPA shall not exceed $1,807 without further written agreement of the parties. APPENDIX A Agreement for Project Management Services for the WESTERN Integrated Resource Plan (IRP) This Agreement dated , 1997, by and between the Northern California Power Agency, a joint-powers agency of the State of California, hereinafter called "NCPA", and City ofUkiah, a member of NCPA, hereinafter called "Ukiah" shall provide for payment to NCPA for services defined below. SECTION I - RECITALS Ukiah desires that NCPA will serve as overall coordinator in the production and submittal of its IRP to Western providing the related services and data as described in Section II below. SECTION II - NCPA TASKS Task 1 - Load Forecast NCPA will assist Ukiah in preparing or updating the load forecast requirement for the IRP. This effort includes providing any demand side data required for the evaluation of DSM programs. Task 2 - Determination of DSM/Resource Options and Costs NCPA will develop a list of both DSM and Resource Options to be used in the least cost resource evaluation. NCPA staffwill design three or four standard and simplified DSM programs each for the Residential and Commercial sector, based on the CEC's DEER database. Supply side options will be drawn from market alternatives. Task 3 - Determination of Least Cost Options NCPA will cohduct a comparison of all supply and demand side options, using both the Total Resource Cost (TRC) test and the Rate Impact Measure (RIM) test. Comparable benefit-cost tests will be performed for all resource options. Task 4 - Qualitative Analysis of Environmental Impacts NCPA will conduct a qualitative estimate of environmental impacts for the options examined in Task //3. NCPA will not quantify the environmental impacts in dollar amounts, but rather make relative comparisons between the various resource options. Task 5 - Development of Two-Year and Five-Year Action Plans NCPA, in conjunction With Ukiah, will develop two and five year actions plans. The action plans will recommend DSM and supply side resource acquisition strategies (if needed). The action plans will develop an inventory of resources on a comparative cost basis which will be updated regularly. These resources include supply-, demand-side, distributed generation, renewables, and purchases. Task 6 - Public Involvement and Participation NCPA will assist Ukiah in creating a public participation and comment effort for the two and five year actions plans. NCPA staffwill be available to Ukiah for public meetings or discussions that Ukiah wishes to undertake. NCPA staff'will prepare any requisite documents or overhead displays for such meetings. Task 7 - Develop IRP Evaluation Methodology NCPA will develop an IRP evaluation methodology to track the implementation and effectiveness of City ofUkiah's IRP submittal. The evaluation will focus on the results of both the two-year and five- year action plans. The methodology would cover: (1) load forecast performance, (2) supply side investments and costs, (3) DSM investments, costs, and savings, and (4) wholesale market prices. SECTION III - Ukiah Requirements Ukiah agrees to provide any data related to: (1) loads, (2) customer usage, (3) financial or rate levels, (4) supply resources, or (5) Ukiah DSM program data that is necessary for NCPA to complete the tasks described above. SECTION IV- COMPENSATION Ukiah shall pay to NCPA an amount not to exceed $1,807 for the services herein. NCPA shall invoice Ukiah monthly for the services performed during the preceding month, which invoices shall be authorized for payment from Ukiah's Phase 2A funds currently on account with NCPA within thirty (30) days after receipt. IN WITNESS HEREOF, the parties hereto have entered into this Letter of Agreement effective as of the day and year first herein above written. NORTHERN CALIFORNIA POWER AGENCY CITY OF UKIAH By: By: Title: Title: Page 2 This Agreement sets out the procedure for establishing a Governance Board in order to effectively plan and monitor the O&M program. This Agreement clarifies and sets forth the details of the O&M program by which the customers may contribute funds for Western and Reclamation to perform the O&M activities required by this Agreement. The funds received from the customers shall be available for expenditure for the specific purpose for which contributed funds have been appropriated. However execution of this Agreement does not obligate the customer to make contributions. The City of Ukiah's share of funding is outlined in Exhibit C of the Agreement. The City of Ukiah appears to have four options relative to this Agreement: Option 1- Do not Execute the Agreement for Funding Option 2- Execute the Agreement without a Commitment for Funding Option 3- Execute the Agreement and Commit to Board Participation Funding Level Option 4- Execute the Agreement and Commit to a Lower Level of Funding The City of Ukiah is currently negotiating with Western to return our share of Western's CVP power back to Western for the possible duration of the our contract, which expires on December 31, 2004. If this agreement is finalized the City of Ukiah would be funding our share of Western's O&M for which we will not be receiving power. In addition, under this contract the larger participants in the CVP projects will control the O&M plan, which could cause the commitment level to increase significantly as larger projects are planned. This would place an increased pressure on the City of Ukiah's financial needs at a time when all resources should be used to increase competitiveness. Therefore, it is staff's recommendation that the City Council approve Option 2. This will allow our support for the process without committing any funding. UNrl'ED STATES DEPARTMENT OF ENERGY WF_.~TERN AREA POWER ADI'41NSTRATION $1~.~.~ NEVADA REOION I 14 PAI~IK~HORF.. DII~IVE FOL~O., C..~Jron.~ gSH30-47 I O UN ri'ED STATES DEPARTMENT OF THE INTE;RIOR SURF_AU OF RECl..ANIATION HID PACIFIC REOIONAi_ OFF'iCE 2800 Co'n"AOE WAY ..~ACI~ad,4ENTO, C~4JFOI~NI~ ~5825-I 8~O Mr. Darryl Barnes Public Utilities Director City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 DEC 13 1996 Dear Mr. Barnes: A tremendous effort has been put forth over the past several months by a team of customers, the Bureau of Reclamation and the Westem Area Power Administration culminating in an Agreement which provides for Central Valley Project preference power customers to fund a portion of Western's and Reclamation's (Agencies) operation and maintenance of the CVP power facilities. Enclosed is an original copy of the Agreement, No. 96-SNR-00110, among Westem, Reclamation and the CVP preference customers, three signature pages for the Agreement, and three copies of Exhibit C to the Agreement. We would like to thank the customers and their representatives who participated in the negotiations or gave us comments on the draft documents. We attempted to accommodate all concerns. We request you sign the Agreement so you can participate in the selection of the customer representative on the governance board for your customer group and for you to participate in the O&M Program, whereby customers provide contributions and input concerning the Agencies O&M work plans. Signing the Agreement does not commit you to make contributions; however, we hope that each customer will be willing to contribute funding by signing Exhibit C to insure that all customers share equally in the funding and to insure the long-term viability of the CVP power resources. In order to form the governance board and begin the process for establishing funding, it is important that customers sign the Agreement and Exhibit C, as appropriate, and return them to Western by February 14, 1997. Also, most customers must be Contributors to qualify to be elected as a member of the Governance Board, as defined in Section 5.4 of the Agreement prior to an election. To meet the qualifications of a Contributor, a 1/12 contribution commitment is required as specified in Column 2 of Exhibit C. If you enter that amount or a greater amount in Cohman 3 of Exhibit C and you sign the Exhibit, you will meet the qualification of a Contributor. The initial elections will take place prior to the first governance board meeting, which is scheduled to take place within 90 days after the Agencies execute the Agreement. Page 2 If the terms of the Agreement are acceptable, please: 1) sign and date all three signature pages of the agreement, have the signatures attested, and apply the appropriate seal; 2) sign Exhibit C and enter the amount you agree to commit in Section 3, Column 3, of Exhibit C; and 3) include the information for your designated contact and designated representative as required by Sections 7.5 and 7.6 of the Agreement. Please return all originals to Sandee Peebles, N6213, at this office. The Agreement will be executed by the Agencies after 50 percent of the customers have signed the Agreement and the Agencies determine there are enough contributors to form the Governance Board. Upon signature by Westem and Reclamation, an executed original will be sent to you for your records along with a completed copy of Exhibits A and B containing the appropriate customer information. If you have any questions, please contact Vicki Page at (916) 353-4561. J~nes C. Feider Regional Manager Western Area Power Administration Sierra Nevada Region Sincerely, Roger K/. Patterson Regional Director Bureau of Reclamation Mid-Pacific Region 3 Enclosures 1 Original Agreement 3 Agreement Signature pages 3 Exhibit C 1 Contract No. 96-SNK-00110 10 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed the day and year first above written. The signatories hereto represent that they have been appropriately authorized to enter into this Agreement on behalf of the Party for whom they sign. (Seal) City of Ukiah Attest: By: Title: By: Title: Address: 35 Contract No. 96-SNR-00110 1 Contract No. 96-SNR-00110 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1N WITNESS WHE~OF, the Parties have caused this Agreement to be executed the day and year first above written. The signatories hereto represent that they have been appropriately authorized to enter into this Agreement on behalf of the Party for whom they sign. (Seal) City of Ukiah Attest: By: Title: By: Title: Address: 35 Contract No. 96-SNR-00110 1 Contract No. 96-SNR-00110 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed the day and year first above written. The signatories hereto represent that they have been appropriately authorized to enter into this Agreement on behalf of the Party for whom they sign. (Seal) City of Ukiah Attest: By: Title: By: Title: Address: 35 Contract No. 96-SNR-00110 Exhibit C City of Ukiah Contract No. 96-SNR-00110 Exhibit C (Individual Customer Commitment and Contribution) 1. This Exhibit C, to be effective under and as a part of Contract No. 96-SNR-00110 (hereinafter called the Agreement) shall become effective upon execution, and shall remain in effect until either superseded by a revised Exhibit C or upon termination of the Agreement. 2. The City of Ukiah agrees to make a Contribution pursuant to Section 8 of the Agreement for the Fiscal Year and in the amount specified in Section 3 below. The minimum Contribution commitment level required to qualify as a Contributor pursuant to Section 5.4 of the Agreement is indicated in Colunm 2 of the table shown in Section 3 below. 3. Please specify the Contribution commitment level(s) in the appropriate row(s) for the applicable FY(s). Colunm ! Column 2 Column 3 Column 4 Column 5 FY Section 5.4 Contribution Revision No.O Revision No. O Qualifying Amount Commitment Level Contribution Contribution in Dollars Amount in Dollars Commitment Level Commitment Level Amount in Dollars Amount in Dollars 1998 N/A 1999 N/A 2000 N/A 2001 9,212.58 2002 9,212.58 The signature below commits the Customer named to make Contributions, for the specified Fiscal Year(s), up to but not greater than the level indicated in the latest revision of the Contribution commitment level for a specific FY. City of Ukiah Date of Execution: By: Title: Address: Exhibit C City of Ukiah Contract No. 96-SNR-00110 Exhibit C (Individual Customer Commitment and Contribution) 1. This Exhibit C, to be effective under and as a part of Contract No. 96-SNR-00110 (hereinafter called the Agreement) shall become effective upon execution, and shall remain in effect until either superseded by a revised Exhibit C or upon termination of the Agreement. 2. The City of Ukiah agrees to make a Contribution pursuant to Section 8 of the Agreement for the Fiscal Year and in the amount specified in Section 3 below. The minimum Contribution commitment level required to qualify as a Contributor pursuant to Section 5.4 of the Agreement is indicated in Column 2 of the table shown in Section 3 below. 3. Please specify the Contribution commitment level(s) in the appropriate row(s) for the applicable FY(s). Colunm ! Column 2 Column 3 Column 4 Column 5 FY Section 5.4 Contribution Revision No.O Revision No. O Qualifying Amount Commitment Level Contribution Contribution in Dollars Amount in Dollars Commitment Level Commitment Level Amount in Dollars Amount in Dollars 1998 N/A 1999 N/A 2000 N/A 2001 9,212.58 2002 9,212.58 The signature below commits the Customer named to make Contributions, for the specified Fiscal Year(s), up to but not greater than the level indicated in the latest revision of the Contribution commitment level for a specific FY. City of Ukiah Date of Execution: By: Title: Address: Exhibit C City of Ukiah Contract No. 96-SNR-00110 Exhibit C (Individual Customer Commitment and Contribution) 1. This Exhibit C, to be effective under and as a part of Contract No. 96-SNR-00110 (hereina~er called the Agreement) shall become effective upon execution, and shall remain in effect until either superseded by a revised Exhibit C or upon termination of the Agreement. 2. The City of Ukiah agrees to make a Contribution pursuant to Section 8 of the Agreement for the Fiscal Year and in the amount specified in Section 3 below. The minimum Contribution commitment level required to qualify as a Contributor pursuant to Section 5.4 of the Agreement is indicated in Column 2 of the table shown in Section 3 below. 3. Please specify the Contribution commitment level(s) in the appropriate row(s) for the applicable FY(s). Column I Column 2 Column 3 Column 4 Column 5 FY Section 5.4 Contribution Revision No.O Revision No. O Qualifying Amount Commitment Level Contribution Contribution in Dollars Amount in Dollars Commitment Level Commitment Level Amount in Dollars Amount in Dollars 1998 N/A 1999 N/A 2000 N/A 2001 9,212.58 2002 9,212.58 The signature below commits the Customer named to make Contributions, for the specified Fiscal Year(s), up to but not greater than the level indicated in the latest revision of the Contribution commitment level for a specific FY. City of Ukiah Date of Execution: By: Title: Address: Contract No. 96-SNR-00110 UNITED STATES DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION SIERRA NEVADA CUSTOMER SERVICE REGION CENTRAL VALLEY PROJECT, CALIFORNIA UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION MID-PACIFIC REGION CENTRAL VALLEY PROJECT CUSTOMERS AGREEMENT FOR THE FUNDING OF OPERATION AND I~dNTENANCE FOR CENTRAL VALLEY PROJECT POWER FACILITIES . . . . . . . . TABLE OF CONTENTS PREAMBLE ........................................................... 1 E .XPLANATORY RECITALS 2.1 Agencies Operation and Maintenance Needs ............................ 2 2.2 Adequate Funding Source ........................................... 2 2.3 Purpose of Agreement .............................................. 2 2.4 Agreement Description ............................................. 2 AGREEMENT 3 e e ' ' e e e e e e ' e · · * · · · · · · · · · · · · e e e e e . e . . e . e e e . . . e . e e e e e . e e . e e . TERM AND TERMINATION OF AGREEMENT ............................. 3 4.1 Term "...-....-..-.....-..-..-..-...............................3 4.2 Termination ...................................................... 3 DEFINITION OF TERMS ................................................ 3 AGENCIES' OBLIGATIONS .............................................. 8 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 Agencies' O&M Responsibilities ..................................... 8 Interagency Coordination ............................................ 8 O&M Standards ................................................... 8 Preliminary O&M Work Plans ....................................... 8 Capital Improvement Project ......................................... 8 Agencies' O&M Activities Budget .................................... 9 General Reporting Requirements ...................................... 9 CVP Power Facilities Reviews ....................................... 9 Accounting ....................................................... 9 CUSTOMER OBLIGATIONS ............................................ 10 7.1 7.2 7.3 7.4 7.5 7.6 Customer's Contribution Level ...................................... 10 Govemance Board Actions ......................................... 10 Contributions .................................................... 10 Funding Commitment ............................................. 10 Designated Contact ............................................... 10 Designated Representative .......................................... 10 O&M PROGRAM ...................................................... 11 8.1 ~terim Process for Customer O&M Funding ........................... 11 8.2 Customer O&M Funding Process .................................... 11 8.2.1 8.2.2 8.2.3 8.2.4 8.2.5 8.2.6 8.2.7 8.2.8 8.2.9 8.2.10 Preliminary O&M Work Plans ................................ 12 Prioritization of Preliminary O&M Work Plans ................... 12 Establishment of Proposed Customer O&M Funding Plan ........... 12 Determining Commitment Level ............................... 12 Development of the Approved Customer O&M Funding Plan ........ 13 Agencies' O&M Activities Budgets ............................ 14 Revision of O&M Work Plans and Customer O&M Funding Plans .... 14 Implementation of Customer O&M Funding Plan ................. 15 Congressional Actions ....................................... 15 Reprogrammed Items ........................................ 15 Contract No. 96-SNR-00110 . 10. 11. 12. 13. 8.3 8.4 8.2.11 Exigency Fund ............................................. 16 8.2.12 Achieved Savings ........................................... 16 8.2.13 Carryover ................................................. 16 8.2.14 Spending Limitations ........................................ 17 8.2.15 Changes to Customer O&M Funding Process ..................... 17 Financial Management ............................................. 17 8.3.1 Billing ................................................... 17 8.3.2 Contribution Credits on Power Bill ............................. 17 8.3.3 Escrow Account for Customer O&M Funding Plan ................ 18 8.3.4 Recording Contributions: ..................................... 19 8.3.5 Late Deposit Fee ........................................... 19 8.3.6 Trust Accounts for Customer O&M Funding Plan ................. 20 8.3.7 Refunds .................................................. 20 CIP Funding ..................................................... 21 TERMINATION OF INDIVIDUAL CUSTOMER PARTICIPATION IN THE AGREEMENT 22 GOVERNANCE BOARD ................................................ 22 10.1 Qualifications/Membership on Governance Board ....................... 22 10.1.1 Composition of Governance Board ............................. 23 10.1.2 Agencies Membership on Governance Board ..................... 23 10.1.3 Customer Membership on the Governance Board .................. 23 10.1.4 Election of Customer Membership on the Governance Board ........ 24 10.2 Quorum and Voting of Governance Board ............................. 25 10.2.1 Quorum .................................................. 25 10.2.2 Voting ................................................... 26 10.3 Designated Alternate .............................................. 26 10.4 Duties of the Governance Board ..................................... 27 10.4.1 General Powers ............................................ 27 10.4.2 Bylaws ................................................... 27 10.4.3 Committees ............................................... 27 10.5 Function of the Governance Board ................................... 27 10.5.1 Review of Annual Reports .................................... 27 10.5.2 Establishment of O&M Objectives ............................. 28 10.5.3 Review and Approval Rights .................................. 28 10.6 Officers and Secretary ............................................. 29 10.6.1 Chair and Vice-Chair ........................................ 29 10.6.2 Duties of the Secretary of the Governance Board .................. 29 DISPUTE RESOLUTION ................................................ 30 11.1 Informal Settlement ............................................... 30 11.2 Between Western and Reclamation ................................... 30 11.3 Between the Customers or the Customers and Agency(ies) ................ 30 AUDIT RIGHTS ....................................................... 31 12.1 Audit Request .................................................... 31 12.2 Information Concerning Work Performed .............................. 31 o SUCCESSORS AND ASSIGNS ........................................... 32 Contract No. 96-SNR-00110 14. 15. 16. 17. 18. 19. 20. 21. ENFORCEABILITY .................................................... 32 SEVERABILITY ....................................................... 32 GENERAL POWER CONTRACT PROVISIONS ............................. 33 RELATIONSHIP OF THE PARTIES ....................................... 33 OWNERSHIP RIGHTS .................................................. 33 LIABILITY ......................................................... ,. 33 ATTACHMENTS AND EXHIBITS MADE PART OF AGREEMENT ............ 33 EXECUTION IN COUNTERPART ........................................ 34 RESOLUTIONS GENERAL POWER CONTRACT PROVISIONS (August 15, 1995) EXHIBIT A EXHIBIT B EXHIBIT C ATTACHMENT 1 (Escrow Agreement) - Contract No. 96-SNR-00110 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 le UNITED STATES DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION SIERRA NEVADA CUSTOMER SERVICE REGION CENTRAL VALLEY PROJECT, CALIFORNIA UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION MID-PACIFIC REGION CENTRAL VALLEY PROJECT CUSTOMERS AGREEMENT FOR THE FUNDING OF OPERATION AND MAINTENANCE FOR CENTRAL VALLEY PROJECT POWER FACILITIES PREAMBLE: This Agreement is made this day of ., 1997, pursuant to the Acts of Congress approved June 17, 1902 (32 Stat. 388); March 4, 1921 (41 Stat. 1404); January 12, 1927 (44 Stat.957); August 26, 1937 (50 Stat. 844); August 4, 1939 (53 Stat. 1187); and August 4, 1977 (91 Stat. 565); and Acts amendatory or supplementary to the foregoing Acts; between the UNITED STATES OF AMERICA (United States), (i) acting by and through the Administrator, Western Area Power Administration, Department of Energy, represented by the Regional Manager, Sierra Nevada Customer Service Region, the officer executing this Agreement, or a duly appointed successor, and (ii) acting by and through the Commissioner, Bureau of Reclamation, Department of the Interior, represented by the Regional Director, Mid-Pacific Region; and the Central Valley Project (CVP) preference power customers signing this Agreement and set forth in Exhibit A, all collectively called Parties. Contract No. 96-SNR-00110 1 2 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 . EXPLANATORY RECITALS: 2.1 Agencies Operation and Maintenance Needs: Federal appropriations to finance Reclamation's Operation and Maintenance (O&M)Activities have been declining over the past several years. Federal appropriations to finance Westem's O&M Activities may also decrease in the future. 2.2 Adequate Funding Source: To properly maintain the CVP power facilities and avoid deferred maintenance, Western and Reclamation require an adequate and reliable source of funding for the O&M Activities. 2.3 Purpose of Agreement: In order to assure a predictable flow of funds for O&M Activities of the CVP power facilities, the Agencies and the Customers desire to establish an O&M Program that will provide a source of funds for the O&M of CVP power facilities and maximize the benefits from those facilities. This Agreement addresses only the power portion of the CVP facilities. Although CVP power O&M expenses are suballocated between the Customers and CVP water customers, contributed funding for the portion suballocated to water customers is not included in this Agreement. 2.4 Agreement Description: This Agreement sets out the procedure for establishing a Governance Board in order to effectively plan and monitor the O&M Program. This Agreement clarifies and sets forth the details of the O&M Program whereby the Customers may contribute funds for Western and Reclamation to perform the O&M Activities required by this Agreement pursuant to 43 U.S.C. §§ 395, 397a. The funds received from the Customers shall be available for expenditure for the specific purpose for which contributed in a like manner as if said funds had been specifically appropriated for said purposes. Contract No. 96-SNR-00110 l . 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 e e AGREEMENT: In consideration of the mutual benefits to be received through this Agreement, the Parties agree to the terms and conditions set forth herein. TERM AND TERMINATION OF AGREEMENT: 4.1 Term: This Agreement shall become effective upon execution by both Agencies and shall remain in effect until terminated. The Agencies will execute this Agreement upon signature by fifty percent (50%) of the CVP preference power customers and enough Contributors to form the Governance Board. 4.2 Termination: The Governance Board may vote to terminate this Agreement if, in its opinion Contributions are not at a level to provide an effective O&M Program; Provided, That the termination will not be effective until it is determined by the Agencies, through written notice, that all work has been completed under the last Customer O&M Funding Plan approved by the Governance Board; Provided Further, That after December 31, 2004, the Agencies may agree to terminate this Agreement if at any time there are not at least five (5) Customer members on the Governance Board. A one hundred twenty (120) day written notice to all Customers must be given by the Secretary of the Governance Board prior to termination pursuant to this Section. 5. DEFINITION OF TERMS;: As used herein, the following terms shall have the following meanings when used with initial capitalization, whether singular or plural: 5.1 Ageney(ies): U.S. Department of the Interior, Bureau of Reclamation, Mid-Pacific Region (Reclamation) and/or U.S. Department of Energy, Western Area Power Administration, Sierra Nevada Customer Service Region (Western). Contract No. 96-SNR-00110 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5.2 -Capital Improvement Projects (CIP): Replacements or additions of one or more units of property that are generally capitalized and amortized in Westem's power repayment study. These replacements or additions are generally: (a) items that will be replaced as a complete unit more than one time within the period of analysis as defined in the most recent Agencies' doctunent titled "Replacements Units, Service Lives, Factors"; and (b) items whose costs are significant compared to the Agencies' annual maintenance expense but are not ordinarily replaced as a part of the normal recurring O&M program. 5.3 Contribution: Monies provided by the Customers to fund a Customer O&M Funding Plan. 5.4 Contributor: A Customer who commits in writing to make contributions equal to or greater than 1/12th of such Customer's share of the estimated annual O&M cost for the FY that is four (4) years out from the current FY, which shall be determined by the formula: 1 CP *(EC-PU),. 12 TP Where: EC-- Estimated Annual O&M costs for each FY as set forth in the latest rate case power repayment study. PU= Project Use revenue as set forth in the latest rate case power repayment study. CP= The Customer's Power Entitlement from the latest Power Entitlement Report as prepared by Western. TP= The stun of all preference power customer's Power Entitlement from the latest Power Entitlement Report as prepared by Western. Contract No. 96-SNR-00110 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A Customer who has met this definition may fund at a level less than that committed to in meeting this definition only when the sum of all Customer Contributions in a given FY would exceed that needed for the Customer O&M Funding Plan for that FY. 5.5 Customer: CVP preference power customer(s) who sign this Agreement. 5.6 Customer O&M Funding Plan: The plan which defines the spending limits for O&M Activities and CIP approved for funding by Contributions for the FY under consideration. 5.7 Emergency: An unplanned or unanticipated event or circumstance that requires an Agency to take immediate action to preserve, maintain, or re-establish the safety, integrity, or operability of the CVP power facilities that have been affected. 5.8 Escrow Account: An interest bearing account established by the Program Treasurer at a Federally insured bank for the purpose of holding the Contributions until disbursements are made to Western and Reclamation, or the account is otherwise closed. 5.9 First Preference Customer: Those preference power customers in either Trinity, Tuolumne, or Calaveras Counties, as the case may be, which have satisfied the statutory requirements according to the Trinity River Division Act (69 Stat.719) and the New Melones Act of the Flood Control Act of 1962 (76 Stat. 1180). 5.10 Fiscal Year (FY): The Federal fiscal year that begins on October 1 of each calendar year and ends on September 30 of the following calendar year. Contract No. 96-SNR-00110 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 5.11 Governance Board: The board formed of Customers' and Agencies' representatives that will, among other things, approve the Customer O&M Funding Plan and govern the O&M Program. 5.12 Industry Standards: Guidelines and criteria established, maintained and published by entities such as the Institute of Electrical and Electronic Engineers, Inc., the National Electrical Manufacturers Association, and the American National Standards Institute. 5.13 O&M Activities: Those actions and work elements to be performed to continue the safe, economic, reliable, and environmentally acceptable operation of the CVP power facilities including power related programs such as marketing, rates, studies, billing and energy services. 5.14 O&M Activities Budgets: Itemized obligation plans developed by the respective Agencies that identify both the level of Federal appropriations and Customer Contributions that will be utilized to fund those actions and work elements performed by the Agencies in support of the operations, maintenance and capital improvement projects of the CVP power facilities, for specific fiscal years. 5.15 O&M Program: An arrangement between the Agencies and the Customers whereby Customers provide Contributions and input concerning the O&M Work Plans and CIP of the Agencies. The O&M Program does not include purchased power and CVP power O&M expenses suballocated between the CVP water customers. 5.16 O&M Work Plan: Projections of O&M Activities prepared annually by each Agency displaying priorities, costs, benefits and impacts of various alternatives for their respective annual O&M. Contract No. 96-SNR-00110 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 5.17 Power Entitlement: The value (in kilowatts (kW) or as defined in a subsequent marketing plan) of a Customer's contractual fight to purchase long-term power from the CVP on an annual basis. Currently this value is called the Contract Rate of Delivery. 5.18 Power Entitlement Report: A report prepared by Western that sets forth each preference power customer's CVP Power Entitlement. This report is currently called the Central Valley Project Contract Rate of Delivery Report. 5.19 Program Treasurer: The entity selected by the Governance Board to establish and perform all financial duties related to the Escrow Account. 5.20 Prudent Utility Practice: Those practices, methods and procedures, as modified from time to time, that are currently and commonly used by electric utilities and other power providers to design, engineer, select, construct, operate, and maintain electric power facilities and equipment dependably, reliably, safely, efficiently, and economically, with due regard to the state of the art in the electric power industry. 5.21 Reclamation Fund: The fund established in the U.S. Treasury by Congress under the Reclamation Act of June 17, 1902. 5.22 Senior Manager: The Regional Director for Reclamation, the Regional Manager for Western, or the ranking official of each elected Customer member on the Governance Board. Contract No. 96-SNR-00110 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5.23 Small Customer: A Customer with a long-term firm allocation of 20 megawatts or less from Western and a maximum load of 40 megawatts or less. e AGENCIES' OBLIGATIONS: 6.1 Agencies' O&M Responsibilities: The Agencies shall remain solely responsible for developing their respective O&M Activities Budgets, including setting the amount of the appropriations request, and for the O&M Activities of their respective CVP facilities. 6.2 Interagency Coordination: The Agencies will coordinate budget and financial transactions in accordance with current budgetary, fiscal, and accounting regulations and policies. 6.3 O&M Standards: The Agencies will perform their O&M Activities using Prudent Utility Practice, Industry Standards, Agency standards, guidelines, and policies; and any applicable laws, regulations, orders, permits, and licenses. The Governance Board may recommend standards for consideration by the Agencies. 6.4 Preliminary_ O&M Work Plans: Preliminary O&M Work Plans shall be prepared by each Agency, and presented to the Governance Board as set forth in Section 8.2. The preliminary O&M Work Plans shall include, among other things, the minimum level of O&M Activities needed to sustain safety and reliability of the power system, and may include additional O&M Activities which will prevent deterioration, enhance system performance, or improve reliability. 6.5 Capital Improvement Project: A list of prioritized CIP in excess of the predetermined threshold will be maintained by each Agency. CIP items below this Contract No. 96-SNR-00110 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 6.6 6.7 6.8 6.9 predetermined threshold, as determined by the Governance Board, may be included in the Agency's respective preliminary O&M Work Plan(s). Agencies' O&M Activities Budget: The Agencies will prepare their O&M Activities Budgets using the O&M Work Plans and the approved Customer O&M Funding Plan. General Reporting Requirementn: The Agencies shall prepare and submit a report to the Governance Board summarizing their respective annual O&M Activities for the preceding FY which provides a general description of the work that was performed. The report will include deviations between planned work and actual work completed, and deviations from forecasted expenditures and costs actually incurred and paid. This report will be prepared and submitted to the Governance Board in accordance with the format and schedule requested by the Governance Board. CVP Power Facilities Reviews: CVP power facilities may be reviewed on a periodic or as needed basis, as defined by the Agencies or as requested by any Customer member on the Governance Board. The purpose of the CVP facilities reviews will be to assist the Governance Board in evaluating the O&M Program. These reviews will be coordinated, to the extent practicable, through the Governance Board and will be conducted by qualified representatives independent from the work group directly responsible for the O&M Activities. Accounting: The Agencies will maintain appropriate accounts and follow generally accepted accounting principles. Contract No. 96-SNR-00110 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 , CUSTOMER OBLIGATIONS: 7.1 Customer's Contribution Level' Each Customer shall remain solely responsible for determining the magnitude of its respective Contribution level and will indicate such commitment in Exhibit C by specifying the amount to be contributed for the appropriate FY and signing Exhibit C. 7.2 7.3 7.4 Governance Board Actions: Customers who contribute will act, in a timely manner, on the approval of or revisions to the Customer O&M Funding Plan in order to facilitate the actions of the Govemance Board. ,. Contributions: Customers who contribute will allow their Contribution to be . expended by the Agencies pursuant to the Customer O&M Funding Plan as approved and revised by the Governance Board. All Contributions will be deposited into an Escrow Account pursuant to Section 8.3. · Funding Commitment: Any Customer who contributes will make their Contributions available, as requested by Western pursuant to Section 8.3. 7.5 Designated Contact: For purposes of this Agreement, each Customer shall provide the name, title, and address of an employee withip, the organization who shall be specified as a designated contact of the Customer's organization. Customers may also provide the name, title, and address of any additional individual(s) to receive copies of all distributions. All contact information will be set forth in Exhibit A. 7.6 Designated Representative: For purposes o_f this Agreement, each Customer shall provide the name, title, and address of an employee within the organization who shall be specified as a designated representative of the Customer's organization. The 10 Contract No. 96-SNR-00110 1 2 3 4 5 6 7 $ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e Customer's representative will be authorized to represent the Customer in all matters involving the Agreement including the exercise of the Customer's rights and the performance of the Customer's duties under the Agreement and may participate in all elections and percentage votes. The Customer's representative may designate an individual to vote on behalf of the Customer's representative in all elections and percentage votes. Such designation shall be furnished in writing to the Secretary of the Governance Board prior to any election or vote. O&M PROGRAM: 8.1 Interim Process for Customer O&M Fundilt_~: The Governance Board will not be established in time for a complete four-year O&M funding cycle as set forth in Section 8.2 for FY98 through FY2000. It is anticipated that to the extent practicable, the process set forth in Section 8.2 will be followed for FY98 through FY2000. The Agencies will present lists of O&M Activities, instead of O&M Work Plans, to the Governance Board. Based on the information provided by the Agencies, the Governance Board may develop and approve Customer O&M Funding Plans for FY98 through FY2000. The Governance Board for this interim process shall be that Governance Board established within 60 days following the effective date of this Agreement. 8.2 Customer O&M Funding Process: The Agencies will continue to pursue appropriations for their respective O&M Activities. The Governance Board will determine the level of funding to be contributed through the development of the Customer O&M Funding Plan. The following process will be utilized in developing the Customer O&M Funding Plan: 11 Contract No. 96-SNR-00110 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 8.2.1 Preliminary O&M Work Plans: Each Agency will prepare a preliminary O&M Work Plan describing their respective O&M Activities and CIP. The Agencies will include an estimate of the anticipated level of appropriations. 8.2.2 Prioritization of Preliminary O&M Work Plans: The Governance Board or a committee designated by the Governance Board will work with the Agencies in the prioritization of the specific elements within the preliminary O&M Work Plans. Additional elements that could be funded with Contributions may be included in the prioritization of the specific elements. This step culminates in proposed O&M Work Plans for each Agency including the specific elements which could be funded with Contributions. 8.2.3 Establishment of Proposed Customer O&M Fundin~ Plan: The Governance Board will review the proposed O&M Work Plans developed pursuant to Section 8.2.2 and will accept or modify the specific elements for funding with Contributions. This step culminates in the proposed Customer O&M Funding Plan. 8.2.4 Determining Commitment Level: Following the establishment of a proposed Customer O&M Funding Plan, each Customer will individually establish, retain, or increase, as appropriate, its Contribution commitment level. In order to facilitate the Customers timely commitment of Contributions, the following funding guidelines are defined. 8.2.4.1 Fair-Share Funding Level:- A fair-share funding level is determined as the ratio of the Power Entitlement for the individual Customer as listed in Exhibit B, divided by the total Power Entitlement for all the 12 Contract No. 96-SNR-00110 1 2 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 Customers listed in Exhibit B, multiplied by the proposed Customer O&M Funding Plan level. The Power Entitlements will be that set forth in the latest Power Entitlement Report. 8.2.4.2 Maximum Contribution: An individual Customer's Contribution shall not exceed Westem's ability to credit the Contribution against the annual power payment obligation of the Customer. 8.2.4.3 Redistribution of Contribution Commitments: Any redistribution in the level of Contribution commitments required to fund the Customer O&M Funding Plan may be distributed among other concurring Customers. 8.2.4.4 Total Contributions Available: The sum of all individual Contribution commitments shall be the total Contribution commitments available to fund the Customer O&M Funding Plan. 8.2.4.5 Commitment: Prior to the Governance Board approving the Customer O&M Funding Plan, each contributing Customer shall commit in writing, pursuant to Section 7.1, to the amount such Customer is willing to contribute. 8.2.5 Development of the Approved Customer O&M Fundin~ Plan: The -- Govemanee Board will revise, as necessary, the proposed Customer O&M Funding Plan and will approve the Customer O&M Funding Plan which will specify the Contributions available for expenditure by each Agency by September 1st, three (3) years prior to the FY under consideration. 13 Contract No. 96-SNR-00110 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 The approved Customer O&M Funding Plan shall include the deposit requirements for each contributing Customer, If' the total Contribution commitment level would exceed that needed for the Customer O&M Funding Plan, the individual Customer deposit requirements will be based on the pro rata distribution of the commitments made pursuant to Section 8.2.4.5. 8.2.6 Agencies' O&M Activities Budgets: The Agencies will use their proposed O&M Work Plans and the approved Customer O&M Funding Plan to develop their respective O&M Activities Budgets. The Agencies' O&M Activities Budgets shall be submitted through the Federal appropriation process and ultimate release of the President's Budget. 8.2.7 Revision of O&M Work Plans nd Customer O&M Funding Pl.ans: Upon release of the President's Budget, the Agencies will compare their submitted O&M Activities Budgets to the funding level identified in the President's Budget. As necessary, the Agencies will analyze and recommend modifications to their O&M Work Plans to avoid conflict with Congressional appropriation language while maintaining the original intent of the previously developed O&M Work Plans. If the Agencies determine that Contributions are no longer needed to maintain the program elements identified in the O&M Work Plans, the Agencies will recommend a reduction in the Contribution level. The Governance Board will then review the recommendations and make appropriate changes to the Customer O&M Funding Plan subject to Section 8.2.8. The Customer O&M Funding Plan will not be increased without the approval of the Governance Board and each contributing Customer who elects to increase its Contribution commitment by revising its Contribution commitment level in Exhibit C. 14 Contract No. 96-SNR-00110 1 2 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 8.2.8 8.2.9 8.2.10 Implementation of Customer O&M Funding Hail: To ensure the Agencies' continued operations, and to allow the Agencies time to incorporate the Governance Board's decisions into their respective O&M Work Plans, the Governance Board's final approval of the Customer O&M Funding Plan must occur no later than August 1st, prior to the FY of implementation to facilitate the steps outlined in Section 8.3. If the Governance Board does not approve a final Customer O&M Funding Plan by August 1st prior to the FY of implementation, the Agencies will operate under the Congressionally approved appropriations level and at the Customer O&M Funding Plan level equal to seventy-five percent (75%) of the Customer O&M Funding Plan approved for that FY pursuant to Section 8.2.5. The Agencies will follow, to the extent practical, the intent of the original Customer O&M Funding Plan in spending at the seventy-five percent (75%) funding level. Subsequent adjustments to the Customer O&M Funding Plan may be made only at~er the Governance Board's approval. Confessional Actions: Congressional actions may modify the President's Budget. Should such action significantly impact the O&M Work Plans, the affected Agency and the Governance Board will review and/or modify the Customer O&M Funding Plan pursuant to Sections 8.2.4 and 8.2.5. Repro~ammed Items: Latitude to reprogram items within the Customer O&M Funding Plan may be necessary in the overall management of power facilities, or due to unforeseeable circumstances. The threshold for reprogramming will be established_by the Governance Board. Reprogramming in excess of the predetermined threshold will be presented by the Agency(ies) for Governance Board approval prior to execution. All 15 Contract No. 96-SNR-00110 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 reprogramming changes made by the Agencies will be documented and reported to the Governance Board within ninety (90) days of occurrence. 8.2.11 Exigency Fund: An exigency fund may be established by the Governance Board and may be included in the Customer O&M Funding Plan. The level of this fund will be determined based upon exigency requirements, as presented by the Agencies, and/or in the event of an Emergency or other requests brought to the Governance Board. Within this exigency fund, the threshold for Emergency expenditures will be established by the Governance Board. Latitude to make Emergency expenditures within the O&M Work Plans may be necessary in the overall management of power facilities, or due to unforeseeable circumstances. Within ninety (90) days, any Emergency expenditures, within the predetermined threshold made by the Agency(ies), will be documented and reported to the Governance Board. Emergency expenditures in excess of the predetermined threshold will be presented by the Agency(ies) to the Governance Board for approval. Expenditures from the exigency fund, for other than Emergencies, will be approved by the Governance Board on a case-by-case basis. 8.2.12 Achieved Savings: In order to encourage greater efficiencies in O&M Activities, any savings in the use of the Customer O&M Funds may be directed by the Agencies subject to Governance Board approval. 8.2.13 Carry_over: Unobligated funds in the trust account(s), otherwise known as carryover, will be committed to projects and activities as approved by the Governance Board. 16 Contract No. 96-SNR-00110 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 8.2.14 Spending Limitations: The Agencies will ensure that spending does not exceed the combined fimding level of the appropriations approved for its O&M Activities by Congress and the Customer O&M Funding Plan approved by the Governance Board. 8.2.15 Changes to Customer O&M Funding Process: Changes to the Customer O&M Funding Process set forth in this Section 8.2 shall be approved by the Governance Board. 8.3 Financial Manaeement: 8.3.1 ]3_iIlillg: Western will be responsible for all billing of the Contributions under the approved Customer O&M Funding Plan or the default Customer O&M funding level of seventy-five percent (75%). Western will request the contributing Customers to deposit Contributions into an Escrow Account, based on the Customer O&M Funding Plan level determined pursuant to Section 8.2.5 and Section 8.2.8, and guidance provided by the Governance Board in accordance with the terms of this Agreement. Billing for Contributions which includes Escrow Account reserves for a FY will begin in August immediately prior to commencement of the FY. The Governance Board may change the month for the first billing for the FY. 8.3.2 Contribution Credits on Power Bill' Customers will receive credits on their monthly power bills equal to their previous month's Contribution to be used to finance Agency O&M Activities; Provided, That Customers will not receive credits on their power bills-for Escrow Account reserve deposits until Escrow Account reserve funds are withdrawn from the Escrow Account by 17 Contract No. 96-SNR-00110 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 the Agencies. If the entire credit cannot be applied to a monthly power bill, the credit balance will be carried forward and applied to future power bills. 8.3.3 Escrow Account for Customer O&M Funding Plan: Under the direction of the Governance Board, an Escrow Account will be established for depositing the Contributions. Fees associated with the Escrow Account will be deducted from the Escrow Account balance. The Governance Board will select a Program Treasurer to manage and administer the Escrow Account. All funds advanced by the Customers into the Escrow Account will only be used by the Agencies for expenses identified in the Customer O&M Funding Plan approved by the Governance Board and for payment of fees associated with the Escrow Account. 8.3.3.1 Escrow Account Reserve: The purpose of the Escrow Account reserve is to ensure adequate cash flow for the Agencies expenditure of Contributions. The initial Escrow Account reserve level shall be established by the Governance Board at their first meeting. An initial Escrow Account reserve of at least 1/12 (estimated to be $2 million) of the total annual O&M Program cost is needed prior to any expenditures by the Agencies. With the approval of the Customer O&M Funding Plan, the Governance Board shall determine the appropriate Escrow Account reserve level. It is anticipated that the Escrow Account reserve needed will be approximately 25% of the greater of the current or the next FY Customer O&M Funding Plan. 18 Contract No. 96-SNR-00110 ; 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 8.3.3.2 Interest Earned in the Escrow Account: Interest will be earned on the funds in the Escrow Account. The interest will be credited to each Customer listed in Exhibit B in proportion to the individual Customer's annual deposits of funds into the Escrow Account. 8.3.3.3 End of FY Escrow Account Reconciliation: After the close of the FY, the Program Treasurer shall reconcile the Escrow Account, by Customer, to reflect the actual deposits, Escrow Account fees, credits pursuant to Section 8.3.2, interest earned and late deposit fees. The Program TreaSurer will use this Escrow Account balance to prepare a statement of reconciliation for each Customer. The Customer may request a refund of its reconciled balance. If no requests for a refund is received from the Customer within thirty (30) days at~er receipt of the annual statement of reconciliation, the balance will be carried forward and credited to that Customers Contribution for the next FY.' 8.3.4 Recording Contributions: Contributions used to finance Agencies O&M expenses during any FY will be recorded in the CVP power repayment study for that FY. 8.3.5 Late Deposit Fl~e: Contributing Customers who deposit their requested Contribution later than the due date indicated on the bill, will be aSsessed a late deposit fee on the amount unpaid. Bills not paid in full by the due date shall bear a charge of.05 percent (.05%) of the amount unpaid for each day payment is delinquent. The late deposit fee will not be considered to be a 19 Contract No. 96-SNR-00110 I 2 3 4 $ 6 7 8 9 10 11 12 '13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 part of any Contribution. The Govemance Board may change the level and mechanism for application of the late deposit fee. 8.3.6 Trust Accounts for Customer O&M Funding Plan: Funds from the Escrow Account will be transferred into two trust accounts, one for Western and one for Reclamation, within the United States Treasury, where funds will be held prior to commitment, obligation, and expenditure for O&M Activities. Agencies' requests for transfer of funds, will be accomplished in a manner approved by the Governance Board. No interest will be earned on the funds in the trust accounts. Each Agency will administer its respective trust account. 8.3.7 Refuncls: Refunds of Escrow Account balances shall be returned to the Customers as follows: 8.3.7.10&M Program Termination: Should the O&M Program terminate, the balance of funds remaining in the Escrow Account, plus interest earned, less credits received pursuant to Section 8.3.2 and less any Escrow Account fees, will be returned to each Customer proportionate to its level of Contributions. 8.3.7.2 Individual Termination from the Agreement: Individual termination of participation in the Agreement can occur in two ways and refunds will be made as follows: 8.3.7.2.1 Termination from Agreement: Should the Customer terminate its participation in the Agreement with the ninety 20 Contract No. 96-SNR-00110 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1.6 17 18 19 20 21 22 23 24 25 26 27 28 (90) day notice pursuant to Section 9, the. Customers share of the balance of funds remaining in the Escrow Account, plus interest earned, less credits received pursuant to Section 8.3.2, and less any Escrow Account fees, will be returned to the Customer after the Customer's Contribution commitment(s) have been satisfied. 8.3.7.2.2 Termination as a Western Preference Power Customer: Should a Customer terminate its electric service contract (primary contract) with Western pursuant to Section 9, the Customer's share of the balance of funds remaining in the Escrow Account, plus interest earned, less credits received pursuant to Section 8.3.2, and less any Escrow Account fees, will be returned to the Customer within ninety (90) days of contract termination. 8.3.7.3 Change in level of Contribution: At the change of FY's, Customers who have reduced their Contribution commitment level for the next FY may request a refund of their surplus Escrow Account reserve funds, calculated pursuant to Section 8.3.3.3. 8.4 CIP Funding: Unless otherwise agreed to by the Govemance Board, the Agencies will continue to seek appropriations for funding CIP. When appropriations are used, repayment of CIP will be in accordance with repayment requirements set forth in the Agencies' policies on repayment of investment. CIP funding below the threshold established by the Governance Board, will be treated and repaid in the same manner as an annual expense. If any Customer(s) desires to fund CIP in excess of the established 21 Contract No. 96-SNR-00110 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 threshold, such voluntary funding will be subject to the individual Customer's approval and will be performed through a separate agreement with the appropriate Agency. , TERMINATION OF INDIVIDUAL CUSTOMER PARTICIPATION IN THE AGREEMENT: An individual Customer may terminate its participation in this Agreement upon a ninety (90) day written notice to the Secretary of the Governance Board. When a Customer terminates its participation in this Agreement, all ContribUtion commitments and all other obligations made by that Customer under this Agreement Shall remain in effect until satisfied. After satisfying all Contribution commitments and other obligations made by the Customer pursuant to this Agreement, the Program Treasurer shall return the Customer's share of the remaining Escrow Account balance pursuant to Section 8.3.3.3. Provided, That if such Customer terminates its electric service contract (primary contract) with Western, all of its obligations under this Agreement shall terminate concurrently with the termination of the electric service contract. Provided further, That any late deposits and fees due to the Escrow Account must be fully satisfied prior to termination. 10. GOVERNANCE BOARD: A Govemance Board will be eStablished within sixty (60) days following the effective date of this Agreement. Western will notify the Customers of the date of the first Governance Board meeting by giving a thirty (30) day written notice to all Customers. 10.1 Qualifications/Membership on Governance Board. Western, Reclamation, and any Customer meeting the qualifications set forth in this Section 10.1 is eligible to be a member of the Governance Board. The Agencies will represent their respective interests, and the elected Customer membemshall represent the interest of their respective Customer group as defined under the following sections. 22 Contract No. 96-SNR-00110 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 10.1.1 10.1.2 10.1.3 Composition of Governance Board: The Governance Board will be comprised of twelve (12) members. The overall composition of the Governance Board will be: (a) Customers 10 (b) Reclamation 1 (c) Western 1 Agencies Membership on Govemance Board' The Agencies shall appoint and designate in writing their respective member(s) to the Governance Board. Customer Membership on the Governance Board: To ensure equitable and diverse participation of the Customers, Customer membership on the Governance Board shall be grouped as follows: (a) Municipal/Public Utility Districts/Rural Electric Cooperatives (6 (b) (c) (d) Governance Board members) Federal/State/Other (2 Governance Board members) Water and/or Irrigation Districts (1 Governance Board member) First Preference Customers (1 Governance Board member) At least one (1) Small Customer shall be a member in groups (a) and (b) above, and no Customer will have more than one (1) member on the Governance Board. The Contributor in group (a) with the largest annual Contribution commitment shall be deemed a Governance Board member. The preference power customers and their respective groupings are as set forth in Westem's Central Valley Project Contract Rate of Delivery Report dated May 31, 1996. Any new grouping of preference power customers, or changes to the classification of existing preference power customers, will be proposed by Western and approved by the Governance Board. 23 Contract No. 96-SNR-00110 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 10.1.4 Election of Customer Membership on the Governance Board: Each Customer group shall select and designate in writing their members to the Governance Board. To be elected a Customer Governance Board member in Customer groups (a), (c), and (d) as defined in Section 10.1.3, a Customer must be a Contributor. A Governance Board member from Customer group (b) in Section 10.1.3 is only required to be a Customer. Any Customer may nominate a qualified candidate for election to the Governance Board. 10.1.4.1 Initial elections, by the Customer groups, for membership to the Governance Board will be held on the day of or prior to the first Governance Board meeting. Subsequent elections for all Customer Governance Board members will be held in February 2000 and every three (3) years thereafter. 10.1.4.2 A Customer Governance Board member may remain on the Governance Board until the member resigns, is replaced in an election, is no longer qualified to be a Customer Governance Board member, or is otherwise removed. 10.1.4.3 An election to fill any Customer Governance Board member vacancy shall be held prior to or at the next scheduled Governance Board meeting. 10.1.4.4 Each Customer representative may vote once for each of the available Governance Board positions within its Customer group as outlined in Section 10.1.3. The candidates receiving the most votes are awarded the positions available. 24 Contract No. 96-SNR-00110 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 10.1.4.5 To vote in an election, any Customer employee or designated representative may vote on behalf of the Customer. A Customer may choose to submit a written vote to the Secretary of the Governance Board. Provided, That if a dispute arises regarding who is representing the Customer only the representative designated in writing may vote. 10.1.4.6 Western will notify all Customers within each Customer group of the date of the Customer group's first election by giving a thirty (30) day written notice to all Customers. Thereafter, the Secretary of the Governance Board will provide notification of elections. 10.1.4.7 The election procedures specified in Section 10.1.4 for each Customer group may be changed by a two-thirds (2/3) vote of Customers in that Customer group. 10.1.4.8 An elected Customer member of the Governance Board may be removed by its respective Customer group subject to a two-thirds vote of Customers in that Customer group. 10.2 Quorum and Voting of Governance Board: 10.2.1 ~tOXllal: A majority of the Governance Board members in attendance shall constitute a quorum necessary for the transaction of business at any meeting of the Governance Board. Such quorum must include the Agencies' members on the Governance Board. 25 Contract No. 96-SNR-00110 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 10.2.2 Voting: All matters coming before the Governance Board for approval shall require the affirmative vote of Western, Reclamation, and two-thirds (2/3) of the Customer Governance Board members present; Provided, That an Agency member shall not vote on the other Agency's O&M Work Plans or the other Agency's proposed expenditure of Contributions. The Customer Governance Board member approval shall be based on one vote per Customer Governance Board member, except, after having a vote based on one-member one-vote basis, a Customer Governance Board member or both Agencies jointly may call for a percentage vote on Customer O&M Funding Plan issues only, whereby all Customers listed in Exhibit B and whose designated representative is present at the meeting, may participate in the voting and may represent only its own interests; Provided, That an Agency may not represent a customer in percentage votes. The percentage vote of each Customer listed in Exhibit B will be based upon that Customer's annual commitment percentage level listed in Exhibit B for the FY under consideration. An affirmative vote representing two thirds (2/3) of the total Contribution commitment, for the FY under consideration, as set forth in Exhibit B is required for passage under the percentage vote and shall override the Customer Governance Board member vote taken on a one-member one- vote basis. If less than two-thirds of the percentage level of the Customers listed in Exhibit B are present, a Governance Board member may call for the vote to be held over until the next Governance Board meeting. 10.3 Designated Alternate: A Governance Board member may designate an alternate to attend any Governance Board meeting by a written notice to the Secretary of the Governance Board, and such alternate shall have full authority to act and vote in place 26 Contract No. 96-SNR-00110 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of the absent Governance Board member. An Agency may not serve as an alternate for a Customer Governance Board member. 10.4 Duties of the Governance Board: 10.4.1 General Powers: The Governance Board shall take such actions as it may deem appropriate in exercising all of the powers contemplated and conferred by this Agreement. 10.4.2 l~l~: The Governance Board shall develop and adopt bylaws within forty five (45) days after its first meeting for circulation to all Parties. An appropriate comment period will be afforded to all Parties prior to its adoption by the Governance Board. 10.4.3 Committees: The Governance Board may create, direct, and terminate committees as it may deem appropriate. The Governance Board shall set forth the duties and responsibilities of each committee. Each committee shall be subject at all times to the direction and bylaws of the Govemance Board. 10.5 Function of the Governance Board: The Governance Board will monitor and provide oversight of the O&M Program and establish general O&M objectives. The Governance Board will have the following powers, duties, and responsibilities in regard to the overall monitoring and oversight of the O&M Program. 10.5.1 Review of Annual Reports: Review of annual reports on the O&M Program is performed to: 27 Contract No. 96-SNR-00110 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (~) (2) Determine that Governance Board approved work is completed as planned; and Direct any necessary audits. 10.5.2 Establishment of O&M Objectives: The Govemance Board shall establish the objectives for activities related to the expenditure of Contributions as they relate to: (1) (2) (3) (4) (5) Annual O&M Activities for the fiscal year under consideration; Capital Improvement Projects; Strategy for scheduling O&M Activities; New or improved goals and/or indices to be accomplished during the FY then under consideration, based upon the previous years' experiences and results; and Reporting requirements of the Agencies and Governance Board. 10.5.3 Review and Approval Rights: The Governance Board shall review and approve changes to the Governance Board by-laws and items related to the Customer Contributions, such as: (~) (2) (3) (4) (5) (6) Customer O&M Funding Plan; Exigency Fund level; Expenditure thresholds for Emergency, reprogramming, and CIP; Escrow Account administrative duties; Escrow Account reserve level; and Proposed procedures and schedules for the Contribution collections. 28 Contract No. 96-SNR-00110 i ...... 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 10.6 Officers and Secretary_: 10.6.1 Chair and Vice-Choir: The Governance Board Members shall elect a Chair and a Vice-Chair from the Governance Board Members. The Chair and Vice-Chair may be removed from office by the Governance Board whenever, in its judgement, the best interests of the Governance Board will be served thereby. Vacancies shall be filled by the Governance Board at that meeting or the next meeting. 10.6.1.1 Duties of the Chair: The Chair shall: (1) (3) preside over all meetings of the Governance Board; perform duties established in the bylaws; and perform all duties that may be reasonably required by the Governance Board. 10.6.1.2 Duties of the Vice-Chair: In the absence of the Chair, the Vice-Chair shall: (1) (2) (3) perform the duties of the Chair; perform duties established in the bylaws; and perform all duties that may be reasonably required by the Governance Board. 10.6.2 Duties of the Secre_~__rv of the Governance Board: Unless otherWise determined by the Governance Board, the secretary of the Govemance Board shall be provided by Western. The secretary of the Governance Board shall: record all votes and keep a complete record of all meetings of the GoVernance Board; 29 Contract No. 96-SNR-00110 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 (2) (3) distribute copies upon request to interested parties, and perform duties that may be reasonably required by the Governance Board. Unless designated to be Western's representative, the secretary of the Govemance Board shall not be a voting member of the Governance Board. 11. DISPUTE RESOLUTION: 11.1 Informal Settlement: The Parties will use good faith efforts to settle all disputes arising under, or in relation to, this Agreement. 11.2 Between Western and Reclamation' Should any dispute arise between the Agencies concerning the O&M Program, the duties or obligations of the Parties, or the implementation or interpretation of the O&M Program, remain unresolved for a period of twenty (20) days, such dispute shall be forwarded to the Agencies' Senior Managers for resolution. 11.3 Between the Customers or the Customers and Agency(ies): Should any dispute arise among the Customers or between the Customers and the Agency(ies) under or in relation to the O&M Program, the duties or obligation of the Parties, or the implementation or interpretation of the O&M Program, that remains unresolved for a period of thirty (30) days (or such shorter or longer time as agreed by the Parties), such dispute shall be forwarded by written notice to the Chair of the Governance Board for resolution by the Governance Board members. The written notice shall set forth the nature of the dispute and the resolution and relief sought. Should the Governance Board be unable to resolve such dispute by unanimous decision, within a period of thirty (30) days from submission of the dispute to them, such dispute shall be forwarded to the Senior Managers, who shall meet within thirty (30) days (or such 30 Contract No. 96-SNR-00110 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 12. 13. shorter or longer time as agreed by the Senior Managers) to discuss and attempt to reach a resolution of the dispute. Should all attempts at resolution by the Senior Managers prove unsuccessful, with the written consent of all Parties which are parties to such disputes, the dispute will be submitted to mediation which shall be conducted using any procedures agreed to by such Parties. The mediator will not render a decision, but will assist the Parties in reaching a mutually satisfactory agreement. The Parties to the dispute agree to equally split the costs of the mediation. AUDIT RIGHT~: 12.1 Audit Request: A Party may request the Program Treasurer to cause an audit to be conducted of the Escrow Account established in accordance with this Agreement. Such audits shall not be conducted more oi~en than every two (2) years. Such audit may examine records which relate to work associated with Contributions including, but not limited to, the financial and contractual records of the Program Treasurer, Western, and Reclamation. The costs, including reasonable costs incurred by the Program Treasurer, Western, and/or Reclamation in the performance of the audit, shall be paid by the Party(les) requesting the audit. 12.2 Information Concerning Work Performed: A Party shall be afforded the opportunity to obtain information concerning work performed under this Agreement through reasonable requests to the Governance Board. If the amount of information desired becomes excessive, as determined by the Governance Board, the Governance Board shall inform the requesting Party(ies) of same, and shall make arrangements to provide the information requested at the sole expense of the requesting Party(ies). SUCCESSORS AND ASSIGNS: This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors. No Party shall assign its 31 Contract No. 96-SNR-00110 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 14. 15. interest in this Agreement, in whole or in part, without the prior written consent of the other Parties. In no event, shall any Party assign this Agreement to any Party that is not financially responsible or which cannot perform its obligations pursuant to this Agreement, nor shall any Party assign this Agreement on any terms at variance from those set forth in this Agreement. No permitted assignment or transfer shall change the duties of the Parties, or impair the chances of obtaining performance under this Agreement, except to the extent set forth in such permitted assignment and approved in writing by the Parties. ENFORCEABILITY: It is not the intent of the Parties that this Agreement convey any rights to third Parties to enforce the provisions of the Agreement. This Agreement can only be enforced by the Parties or their successors. SEVERABIL!Ty: If any clause, sentence, paragraph, or part of this Agreement should for any reason be finally adjudged by any court of competent jurisdiction to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this Agreement but shall be con.fined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which the judgment is rendered. If such judgment modifies or holds invalid any material terms or conditions of this Agreement in such a manner that any Party is required to incur new or different obligations not expressly provided herein or forego benefits which it was otherwise entitled to, the Parties shall in good faith renegotiate the terms and conditions affected by the judgment so as to restore the original balance of benefits and burdens contemplated by the Parties as of the effective date of this Agreement. Such renegotiated terms and conditions shall be in the form of an amendment to this Agreement which shall be effective upon execution by the Parties. The original Agreemem shall remain in full force and effect, as modified by said judgment, until the negotiation process for the amendment is complete. 32 Contract No. 96-SNR-00110 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 16. 17. 18. 19. 20. GENERAL POWER CONTRACT PROVISIONS': Articles 1, 28, 29, and 31 through 43 of the General Power Contract Provisions, effective August 15, 1995, attached hereto, are hereby made a part of this Agreement, the same as if they had been expressly set forth herein. RELATIONSHIP OF THE PARTIES: The covenants, obligations, and liabilities of the Parties are intended to be several and not joint or collective, and nothing herein contained shall ever be construed to create an association, joint venture, trust or partnership, or to impose a trust or partnership covenant, obligations and liabilities under this Agreement. No Party shall be under the control of or shall be deemed to control any other Party. No Party shall be the agent of or have a right or power to bind any other Party without its express written consent, except as expressly provided in this Agreement. OWNERSHIP RIGHTS: The ownership of, the title to, and the operation and maintenance responsibility for any equipment procured with Contributions under the terms of this Agreement shall be in the name of the UNITED STATES. LIABILITY: This Agreement does not confer any liability upon the Customers for any claim, action or judgment, arising out of or in connection with the work generally described in this Agreement. ATTACHMENTS AND EXHIBITS MADE PART OF AGREEMENT: Inasmuch as the signatories, their contacts and representatives, contributing Customers, and individual Customer commitments and Contribution(s) under this Agreement may change during the term hereof, they will be set forth in Exhibits A, B and C respectiv, ely. Each of said exhibits shall become a part of this Agreement during the term fixed by its provisions. Exhibits A, B and C are attached hereto, and each shall be in force and effect in accordance 33 Contract No. 96-SNR-00110 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 with its terms until respectively superseded by a subsequent exhibit. Upon signature by the Agencies and the Program Treasurer, the Escrow Agreement will become a part of this Agreement and copies will be distributed by Western to all Parties. 21. EXECUTION IN COUNTERPART: This Agreement may be executed in a number of counterparts and shall constitute a single document with the same force and effect as if each Party had signed all other counterparts. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed the day and year first above written. The signatories hereto represent that they have been appropriately authorized to enter into this Agreement on behalf of the Party for whom they sign. Western Area Power Administration By: By: Title: Regional M_an_a_ger Address: 114 Parkshore Driv~ Folsom. CA 95690 Bureau of Reclamation By: Title: Re~onal Director Address: Mid-Pacific Re,on 2800 Cottag~ Way - Sacr_amento. CA 95825 34 Contract No. 96-SNR-00110 Contract No. 96-SNR-00110 RESOLUTION NO. BE IT RESOLVED BY THE OF The is authorized, on behalf of to execute this Agreement with the Western Area Power Administration entitled Contract No. 96-SNR-00110. Adopted: Contract No. 96-SNR-00110