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1997-01-15 Packet
MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - December 18, 1996 The City Council convened in a regular meeting, of which the agenda 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 Ashiku, Kelly, Mastin, and Mayor Malone. ABSENT: None. Staff Present: Public Utilities Director Barnes, Community Services Director DeKnoblough, Compliance Officer Gooddck, Finance Director Elton, Assistant City Manager Hards, City Manager Horsley, Public Works Director Kennedy, City Attorney Rapport, Planning Director Sawyer, Deputy Public Works Director Seanor, Senior Planner Stump, Police Captain Williams, and City Clerk Giuntoli. 2. InvocationlPlede_e of Alleeian;e Councilmember Kelly led the Pledge of Allegiance. 3. S_~ecial Order of Busirles~ a. Proclamation Supportin_~ the January 19, 1997 Martin I.uther Kine Day Events Mayor Malone read and presented the proclamation to Jay Holden, who thanked the City for its support and accepted the proclamation on behalf of the Martin Luther King Day Celebration Committee. b, Status Report on the Mendocino Transit Authority Intermodal Transportation Center Planninq Effo~s Mayor Malone announced that Item 3b had been pulled from the agenda. 4. Ap;)roval of Minutes - Repular Meetinq - December 4, 1996 MIS MastinlKelly to approve the Minutes of the Regular Meeting of December 4, 1996, with the following correction: Councilmember Kelly suggested the following correction to the Minutes: PaQe 5. Paragraph 7, amend the first sentence to read: "Councilmember Kelly stated she wanted to acknowledge that the Ukiah Valley Arts and Recreation Center received a commitment of $25,000 a year for four years from the County Board of Supervisors." The motion carried by the following roll call vote: AYES: Councilmembers 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 KellylMastin to approve the Consent Calendar as follows: d. Received Report of Disbursements for the month of November; Cancelled the regular City Council meeting of January 1, 1997' Accepted the work performed by Ferranti Construction and aut'hodzed the City Clerk to file a Notice of Completion for the Leachate Piping Improvements at the Ukiah Municipal Landfill, Specification No. 96-14; Accepted the resignation of Phillip Ashiku from the Ukiah Planning Commission and authorized the City Clerk to advertise for applications; Awarded bid for high voltage line clearing and tree trimming services at various locations within the City of Ukiah to Family Tree Service in an amount not to exceed $11,000; Awarded bid to Rinehart Oil, Inc. for the supply of petroleum products for the City garage. The motion carded by the following roll call vote: AYES: Councilmembers Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. Regular Meeting - December 18, 1996 Page I 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMR No one came forward. MIS Malone/Mastin to hear Item 10A, Appointment of City Clerk, at this time since it was not yet the 7:00 p.m. hour scheduled for the public headng, carded by an all AYE voice vote of the Councilmembers present. 10. 10a. NEW BUSINESS Adopt Resolution Makin_;i Appointment of City_ Clerk to Fill the Term ExpirinQ November 2000. City Manager Horsley advised that the recruitment process had been completed and the interview conducted with applicant Colleen Henderson for the position of City Clerk. MIS Malone/Kelly to adopt Resolution No. 97-40 Making Appointment To Fill The Vacant City Clerk Position with Colleen B. Henderson, carded by the following roll call vote: AYES: Councilmembers Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 9. UNFINISHED BUSINESS 9a. Adoption of Ordinance Amendinq the City_ Zoninq Map to Rezone 28 Lots in the East ~ide Rezonin§ Area Senior Planner Stump advised no verbal staff report would be given since the ordinance had been introduced with a public hearing at the Council meeting held on December 4, 1996. Mayor Malone invited public comments at this time. No one came forward. MIS AshikulKelly to adopt Ordinance No. 984 Amending the Official Zoning Map for the City of Ukiah, California, rezoning 28 parcels in the East Side Area, carded by the following roll call vote: AYES: Councilmembers Ashiku, Kelly, and Mayor Malone. NOES: Councilmember Mastin. ABSTAIN: None. ABSENT: None. 9b. Approve [~evelopment of a Special Aqreement with Mendocino Brewin_~ Company (_MBC) Under Ukiah Municipal Code Section 3706.?{i) Relative to the Characteristics of Their Waste System City Manager Horsley briefly reviewed the staff report, and advised that Mendocino Brewing Company was requesting a Special Agreement under Code Section 3706.7(i) to allow for the discharge of a small amount of rainwater that will be combined with effluent from their brewing process. Public Utilities Director Barnes advised that this item was brought back in response to the Council's request for more information. He further advised that Mendocino Brewing Company had agreed to cover the drains in the two splash pads during the rainy season, which will reduce the amount of rain water discharged to the sewer system by 11,000 gallons per year. In addition, MBC is restricted by the City of Ukiah to a daily discharge of 55,000 gallons per day, and will pay for the treatment of all wastes discharged, including any rainwater that is included in their 55,000 gallons. Staff believes that with the technical and cost information provided by Summit Engineering and the agreement to mitigate the inflow of rainwater where possible, MBC will meet the intent of the Municipal code. Staff, therefore, recommends approval of the agreement, the conditions of which shall be included in the Operating Permit issued by the City of Ukiah to MBC as required by the State Water Resource Control Board. Mayor Malone invited public comments at this time. Bill Phillips, President, Summit Engineering, stated that his firm felt Mendocino Brewing Company had worked with City staff to satisfy the intent of the provision of the ordinance. Councilmember Mastin inquired regarding the aesthetics of the new plan. Mr. Phillips replied that by changing the discharge constituents through the Special Agreement, MBC was able to avoid both the additional expense and aesthetic impact of the roof cover. Regular Meeting - December 18, 1996 Page 2 MIS Mastin/Kelly to accept the Special Agreement with Mendocino Brewing Company under Ukiah Municipal Code Section 3706.7(i) relative to the characteristics of their waste stream, carded by the following roll call vote: AYES: Councilmembers Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 8.5 8.5a PETITIONS AND COMMUNICATION*~ Request for Reconsideration of the Award Of Contract to Provide services for the City of Ukiah's Yardwaste and Woodwaste Diversion Program City Manager Horsley advised staff had received a request from Cold Creek Compost to reconsider the award of contract on November 20, 1996, to Reuser, Inc. to provide services for the City's yardwaste and woodwaste diversion program. At that meeting, the item was pulled from the consent calendar by the Council to be discussed separately on the agenda. Since they were not in attendance at that meeting and therefore unable to participate in the ensuing discussion, Cold Creek Compost has asked they be allowed to speak on their behalf regarding Council's concerns relative to the project. Eric Anderson, General Manager, Cold Creek Compost, reviewed his pdor conversations and meetings with staff regarding Cold Creek Compost's ability to perform the contract and deliver the required service. He advised they were presently fully permitted, and that regardless of the status of the use permit, they would still be able to fulfill the contract. Since he had been aware there were concerns surrounding Cold Creek's ability to operate, he advised Deputy Public Works Director Rick Seanor that although he had a schedule conflict, he would change his plans and attend the November 20, 1996 Council meeting, if staff had any outstanding questions or concerns, and at that time was assured by Mr. Seanor staff had none and the item had been placed on the Consent Calendar for approval. He was, therefore, surprised to learn of the Council's decision to award the contract to Reuser, Inc., and was upset upon listening to the tapes of the meeting to hear his company discussed without an opportunity for rebuttal. He stated there was no pending litigation relative to their facility. The matter has been adjudicated; the court issued an order, and Cold Creek is currently undergoing environmental review. All of the issues have been scrutinized by the California Integrated Waste Management Board pursuant to an application for a $565,000 loan from the State, and Cold Creek has spent a great deal of time demonstrating to the State they were capable of performing in the event the permit were suspended or revoked. After extensive review, the loan was approved. Mr. Anderson further commented he thought the Council would have chosen the contractor who was able to perform the service at the lowest cost, thus saving the City money and helping the local economy. All Cold Creek Compost has asked is an opportunity to fairly compete to provide this service. He considers Council's actions and the negative message sent regarding his company to have the potential to be harmful to his business, and felt the staff findings to be incorrect and Council's decision to be based on bad information. It was his hope that Council would take public action to correct the misinformation in the staff report and the language in the findings. Mary Goodwin, Box 321, Calpella, voiced her disagreement with Mr. Anderson's narrative, and spoke against the Council reversing their prior decision to award the contract to Reuser, Inc. Eric Sunsweet, Potter Valley, spoke regarding the Cold Creek loan, the draft environmental impact document, and the inaccuracies relative to their composting process. Mr. Anderson reiterated his stance that should there be a problem with their facility, they have other sites and other markets for selling the waste material. He again stated there is no pending litigation and no formal complaint with the Regional Water Quality Control Board. The court order regarding the Environmental Impact Report (EIR) occurred in Apdl, and the only further dealings with the court have involved reviewing the progress of the EIR that is currently being conducted. Councilmember Ashiku inquired regarding Cold Creek's capacity if the permit is revoked and whether it was a secondary or primary use on that site. Mr. Anderson replied they have alternative sites where the material could be processed, and that they are fully permitted. Councilmember Mastin asked what the use of alternative sites would do to the cost for services, both now and after July 1, 1997. Mr. Anderson replied there would be no change since they would perform on the contract entered into with the City. After July 1, services could probably be provided at a similar price. Regular Meeting - December 18, 1996 Page 3 City Manager Horsley clarified with Mr. Anderson that Cold Creek could continue to mulch even if there was difficulty with the composting permit. John McCowen, PO Box 454, Ukiah, commented that since there apparently are two qualified entities competing for the same service and one is demonstrating a lower price, unless there is a clear indication that one party cannot perform, the Council should award the contract to the lowest bidder, especially since it is a local company. He further stated he was present at the meeting when Reuser, Inc. gave their presentation, but that he had not had the opportunity to hear the opposing side since representatives from Cold Creek Compost were not present. Ms. Goodwin refuted Mr. Anderson's comments, and stated the California Environmental Quality Act (CEQA) litigation is by no means fully resolved. Councilmember Ashiku stated he did not feel comfortable with taking action on this matter at this time. City Attomey Rapport advised the item could be agendized for another meeting, and reviewed the Council's previous discussion and action relative to matter. Discussion followed regarding the legal status of the contract with Reuser, Inc., wherein it was determined said company had agreed not to sign the contract and to put the matter on hold until the issue was resolved. Further discussion followed relative to the City's liability in the matter, and the issues to be considered by the judge at the December 23 hearing regarding the Cold Creek litigation. It was determined that even if Cold Creek loses its permits, it can still accept green waste and mulch it without a permit. Councilmember Kelly stated she felt the technical issues needed to be researched and presented in a cohesive form, and asked if there was a staff consensus relative to a recommendation. City Manager Horsley replied the information staff has is that Cold Creek can mulch even if it is not allowed to compost. She further clarified that individuals are advised that their items may be pulled from the Consent Calendar and discussed as regular agenda items if the Council so desires. Discussion followed relative to the current state of removal of the green waste from the landfill, wherein it was noted the need for removal is immediate, and that the budgeted funds were available. Councilmember Mastin stated he was the maker of the motion to award the contract to Reuser, Inc. at the previous meeting. At that time Council listened to Mr. Reuser and, in order to be fair, should have recommended the item be brought back for reconsideration so that both sides could be heard. MIS MastinlAshiku to reconsider the matter at the January 15, 1997 regular Council meeting, carded by the following roll call vote: AYES: Councilmembers Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. Discussion followed regarding what additional information was needed prior to discussion of the item at the next meeting, with Councilmember Mastin requesting an update on the upcoming Cold Creek headng. 8. PUBLIC HEARING -7;00 p,M, 8a. Adoption of Final Draft of AB 939 Mendocino County_ Sitina Element Prepared by ,Mendocino Solid Waste Manac~ement Authority Compliance Officer Goodrick advised pursuant to Public Resources Code Section 41700-41721.5, Mendocino County is required to prepare a County-Wide Siting Element which ensures that future solid waste disposal needs will be met in an environmentally and fiscally sound manner. The Siting Element is part of the County Integrated Waste Management Plan, which also includes the Source Reduction and Recycling Element (SRRE), the Household Hazardous Waste Element, and the Non- Disposal Facility Element. Staff recommends the Council conduct a public hearing on the Siting Element, accept input from citizens and Council members, adopt the resolution approving the Siting Element and establish the document as a part of the City°s Solid Waste Management Plan, and transmit Council's comments and recommendations to the Mendocino Solid Waste Management Authority. Mike Sweeney, Manager for the Mendocino Solid Waste Management Authority, was present to answer questions and offer additional information. Regular Meeting - December 18, 1996 Page 4 Council had no questions regarding the Siting Element. PUBLIC HEARING OPENED: 7:37 p.m. Eric Sunsweet, PO Box 363, Potter Valley, commented regarding the public headng held in July before the Mendocino Solid Waste Management Authority. PUBLIC HEARING CLOSED: 7:38 p. m. MIS MastinlAshiku to adopt Resolution No. 97-41 Approving and Adopting the Final Draft Siting Element for Mendocino County, carded by the following roll call vote: AYES: Councilmembers Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. RECESS: 7:40 p.m. RECONVENE: 7:45 p.m. 9c. Consideration of Proposal by Parking and Business Improvement District Adviso~ Board for Disbursement of District Funds for 1997 Community Services Director DeKnoblough advised that in its capacity as the Distdct Advisory Board for the Downtown Parking and Business Improvement District, the Ukiah Main Street Program is required to annually submit for Council approval recommendations on the programs and promotions for which the District funds will be expended. Pdor to the adoption of Resolution 97-31, these funds had been released to Main Street at their request, based upon budget approval only. The Main Street Program has now provided a specific proposal for release of the funds and identifies the programs and promotions which Main Street engages in and are supported by the assessment distdct funds. The proposal also provides a timetable for release of the funds on a quarterly basis. Main Street utilizes the funds as seed money, leveraging nearly $60,000 in additional pdvate contributions and earnings. Staff supports the programs submitted by Main Street for 1997 as being beneficial to the participants in the Assessment Distdct and recommends approval of the proposal as submitted. Kris Rasmussen, Manager, Main Street Program, offered a summary of the Main Street Program and its annual programs and events, and identified the plans to use the funds. Upon query by Council, Ms. Rasmussen advised that Main Street may not participate in activities which are time- consuming yet produce no revenue for the Program. Mayor Malone commented that the AB 1693 money was basically self-imposed by businesses who pay a double business license fee up to a cap of $250; that contribution on their license supports the Main Street Program. MIS Malone/Kelly to approve the proposal submitted by the Ukiah Main Street Program for utilization of the Parking and Business Improvement District Funds, carded by the following roll call vote: AYES: Councilmembers Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 10b. Introduction of Ordinance Amending Section 7030 Relative to the Composition of th~': Traffic Engineerin_= Commiftee City Manager Horsley advised that the Traffic Engineering Committee is comprised of five City staff members and three citizens appointed by the City Council. Steve Ford, one of the citizen members, has resigned and staff has evaluated the composition and responsibilities of the Committee in order to increase its effectiveness and efficiency. Staff recommends the replacement of the City Attorney position on the Committee with that of the Director of Planning, the continuation of representatives from the Mendocino Transit Authority and Automobile Club, and the recruitment of a third public member, who would be a City resident and of legal ddving age, to fill the position vacated by Steve Ford's resignation. MIS Mastin/Ashiku to introduce by title only the Ordinance Amending Article 2, Chapter 1, Division 8 of the City of Ukiah Municipal Code Relative to the Composition of the Traffic Engineering Committee, carded by an all AYE voice vote of the Councilmembers present. City Clerk Giuntoli read the Ordinance by title only. Regular Meeting -December 18, 1996 Page 5 MIS KellylAshiku to introduce the Ordinance Amending Article 2, Chapter 1, Division 8 of the City of Ukiah Municipal Code Relative to the Composition of the Traffic Engineering Committee, carded by the following roll call vote: AYES: Councilmembers Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. MIS AshikulMastin to accept Steve Ford's resignation from the Traffic Engineering Committee, carded by an all AYE voice vote of the Councilmembers present. MIS KellylAshiku to authorize the City Clerk to advertise the vacancy for the public member on the Traffic Engineering Committee, carded by an all AYE vote of the Councilmembers present. 10c. Adopt Resolution Authorizin;i the IDirector of Public Safety to Determine Public Convenience end Necessity for Alcoholic Beveraqe Control License~ Assistant City Manager Harris advised a change in the State law has required that there be a determination at the local level when an Alcoholic Beverage Control license is applied for, for the public convenience and necessity. State law also provides that the local governing body can delegate the authority to make the determination to any department within the jurisdiction. Staff believes the City's law enforcement agency is the most appropriate to make the determination, which must be made for "public premise" applications; a restaurant application need not come to the local agency. Discussion followed relative to what types of businesses would fall in this category, wherein it was noted that bars, liquor stores, and convenience stores would be the most common. Further discussion followed relative to the application process the businesses would follow, and whether the law enforcement agency's findings could be subject to appeal if an applicant's request were denied. No public headng would be held; the application would be made to the policy, and the determination made on the information given them. Mayor Malone invited public comment at this time. Diana Van Phyle, 819 North Oak Street, spoke in support of the resolution and stated she represents a group who meets monthly to address youth access to alcohol issues. She stated their desire to work closely with the Police Department in recommending some additional strategies that would cover issues such as proximity to schools and other areas where youth gather, and the incidence of alcohol-related cdme. Councilmember Ashiku stated he had concerns regarding the police department making the final decision, and that he felt there should be an appeal process included in the resolution where the applicant could appeal to Council should their application for a license be denied. Discussion followed regarding the appeal process. MIS Mastin/Malone to adopt Resolution No. 97-42 Authorizing the Director of Public Safety to Determine Public Convenience or Necessity Where a Finding of Undue Concentration Has Been Made by the Department of Alcoholic Beverage Control, with the inclusion of language relative to an appeal process and a 15-day waiting period, carded by the following roll call vote: AYES: Councilmembers Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 1Od. Authorize Mayor to Execute an A.qreement with KennedylJenk~ Consultants for thc Preparation of the City's 1995 Urban Water Manaqement plan, in an Amount Not to Exceed $15,000 Public Utilities Director Barnes advised that the California Urban Water Management Planning Act requires both pdvate and publicly owned water agencies to prepare and adopt an Urban Water Management Plan every five years if they provide water, either directly or indirectly, to more than 3,000 urban customers. According to Department of Water Resources records, the City of Ukiah submitted a management plan in 1985, but did not submit an updated plan in 1990 as required by the Act. The 1995 Urban Water Management Plan was to have been submitted by January 31, 1996. The Department of Water Resources has indicated that drought assistance funding would be withheld if the 1995 updated plan is not submitted by February 15, 1997. No extensions beyond this date will be granted. Since Kennedy/Jenks Consultants developed the Urban Management Plan that was submitted in 1985 and the time to complete the 1995 plan is extremely short, staff is requesting approval be given to allow Kennedy/Jenks to proceed with preparing the 1995 update at a cost of $15,000. Regular Meeting - December 18, 1996 Page 6 Discussion followed regarding the failure to file the 1990 report. It was noted a computer list is now maintained by staff pertaining to renewals so that situations such as this will no longer occur. Further discussion followed regarding the need to amend the plan again in the year 2000 and when the process would be initiated. It was noted that pdmary funding would be applied for in the next few years. It was further noted the possibility existed of not submitting the 1995 plan and focusing instead on the 2000 plan, with the acknowledgment of the consequence that the City would not be eligible for the drought funds if they were applied for. City Attorney Rapport commented that Council was discussing whether or not to comply with a state mandate. Councilmember Ashiku stated he was not suggesting the City not comply with the mandate, but to prepare the report with a view for the future plan due in the year 2000. Councilmember Mastin commented that the State has exhibited little concern for six years, and that he was concerned about the City spending the funds if it was not necessary now. He suggested the State be informed the City will comply with the 2000 plan. City Manager Horsley replied that a letter of intent could be sent to the State indicating that since there were only three years left to the time the 2000 plan is required, the City would start toward that process immediately and possibly submit the plan early. MIS AshikulMastin to deny authorization for the Mayor to execute an agreement with Kennedy/Jenks Consultants for the preparation of the City's 1995 Urban Water Management Plan, and to write a letter to the State indicating the City intends to submit a plan that will be in compliance with the prior plan as well as the plan for the year 2000, and direct staff to initiate steps to secure the information necessary to develop the plans as described, incorporate the General Plan, and seek bids for a Water Management Plan, carded by the following roll call vote: AYES: Councilmembers Ashiku, Mastin, and Mayor Malone. NOES: Councilmember Kelly. ABSTAIN: None. ABSENT: None. 10e. ADDroval of New Department and Budget Amendment for Abatement of Abandoned Vehicles Assistant City Manager Harris advised the State has a program that will reimburse the costs for this program, which must be accounted for in a separate budgeting and accounting procedure. Staff feels the best way to accomplish this is to establish a new department within the General Fund. The changes that would occur include reducing the current Police Department budget and redistributing funds to the new department, which would result in a net increase in revenue to the City. Staff recommends the creation of an Abandoned Vehicle Abatement Department, the approval of the budget amendment reducing the Police Department budget by $24,779, and the authorization of $27,653 in expenditures in the Abandoned Vehicle Department, and also increasing the General Fund Revenue by $19,353. Captain Williams, Ukiah Police Department, explained the program and how the officers will be hired specifically to do abandoned vehicle abatement within the City, both on public and private property. Discussion followed relative to the determination of funds, the number of hours necessary to carry out the program, duties of the abatement officers, and neighboring cities' experience with similar situations. MIS KellylAshiku to approve the creation of an Abandoned Vehicle Abatement (AVA) Department (100.2002) and the budget amendment, reducing the Police Department budget (100.2001) by $24,779, authorizing $27,653 of expenditures in AVA (100.2002), and increasing General Fund Revenue (0800.632) by $19,353, carded by the following roll call vote: AYES: Councilmembers Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 10f. Selection and Appointment of Vice-Mayor MIS MalonelAshiku to appoint Councilmember Jim Mastin as Vice-Mayor of the City Council of the City of Ukiah, carded by the following roll call vote: AYES: Councilmembers Ashiku, Kelly, and Mayor Malone. NOES: None. ABSTAIN: CouncilmemberMastin. ABSENT: None. Regular Meeting - December 18, 1996 Page 7 11. CITY COUNCIL/REPORTS Councilmember Ashiku gave no report. Councilmember Kelly reported there will be a meeting regarding the skateboard issue at 7:00 p.m. at Ukiah High School on January 21. A "Name the Skateboard Park" contest is being held, with the winner to be announced at that meeting. The Ukiah Arts and Recreation Center is moving ahead; funds have been applied for from North Coast Opportunities to be able to develop and apply for non- profit status. On January 7, there will be a short tdp to Rohnert Park to observe their Arts Center. After the first of the year, a meeting will be held regarding the scientific aspect of Observatory Park and the development of a park. Councilmember Mastin had no report. Mayor Malone reported on the Christmas tree lighting and the Trucker's Parade. He also attended a North Coast Railroad Authority meeting, and reported the excursion companies are looking at stopping in Ukiah as well as Hopland. 12. CITY MANAGER/DEPARTMENT HEAD REPORTS city Manager Horsley reported applications for the vacant City Council seat had been distributed to the candidates' pool and that a notice had gone to the media regarding the vacancy. 13. CLOSED SESSION No closed session was held. 14. ADJOURNMI~NT MIS MalonelMastin to adjourn the meeting carded by an all AYE voice vote. There being no further business, the meeting was adjourned at 9:14 p.m.. Marge Giuntoli, City Clerk b:meg~cc~c 121896.reg Regular Meeting - December 18, 1996 Page 8 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - December 18, 1996 The City Council convened in a regular adjourned meeting, of which the agenda was legally noticed and poeted, at 5:47 p.m. in Conference Room 3, Ukiah Civic Canter. 300 Seminary Avenue, Ukiah, California. Roll was taken with the following Councilmembare PRESENT: Councilmembera Ashiku, Kelly, Mastin, and Mayor Malone. ABSENT: None. Staff ~nt: City Manager HorsJey and City Clerk Giuntoli. 2. INTERVIEW ORIENTATION City Manager Hordey briefly reviewed the information ~ubmitted by City Clerk applicant Colleen Henderson, and advised the Councilmembers that this interview provided a good opportunity for a mutual dialogue and disc,_.~on regarding expecta~ for the position. CITY CLERK APPLICANT INTERVIEW i. Colleen Henclers~n Colleen Hender. on, applicant, commented on her background aa a legal ~ecretary, and the years she had served in local politics, including being elected as the Mayor of Ukiah. In response to Council's questions, she indicated it was her desire to work part-time, but was willing to spend whatever time was needed to complete her tasks, and that she considered · et office hours a priority. She further indicated she was looking forward to learning how to operate the records management optical imaging system, and that the only drawback to the position she could see at this time was that she was not permitted to speak on egendized items during Council meetings. Ms. Henderson further responded that, as Mayor, .he had campaigned to have the City Clerk position become an appointed one. Although the stipulated salary was not an issue for her at this time, she had not experienced the actual demands of the job, and would make the decisions whether to run for re-election or pursue a salary increase at a future date. She stated she would be willing to avail herself of various educational opportunities to increase her knowledge of City Clerk job requirements and legislative updates as needed. Discussion followed relative to the recent history of the City Clerk position, with Council explaining the pest rationale for the amount of salary paid, the need for public office hours, and the government mandated requirements of the City Clerk. 4. ADJOURNMENT Malone/Mastin to adjourn the regular adjourned meeting of December 18, 1995, carried by an all AYE vote. There being no further business, the meeting was adjourned at 6:21 p.m. to the regular meeting of December 18, 1996. Merge Giuntoli, City Clerk b:meg~cc~:c121896.rain DRAFT, MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - December 18, 1996 The City Council convened in a regular adjourned meeting, of which the agenda was legally noticed and posted, at 5:47 p.m. in Conference Room 3, Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California. Roll was taken with the following Councilmembers PRESENT: Councilmembers Ashiku, Kelly, Mastin, and Mayor Malone. ABSENT: None. Staff Present: City Manager Horsley and City Clerk Giuntoli. 2. INTERVIEW ORIENTATION City Manager Horsley briefly reviewed the information submitted by City Clerk applicant Colleen Henderson, and advised the Councilmembers that this interview provided a good opportunity for a mutual dialogue and discussion regarding expectations for the position. 1 CITY CLERK APPLICANT INTERVIEW i. Colleen Henderson. Colleen Henderson, applicant, commented on her background as a legal secretary, and the years she had served in local politics, including being elected as the Mayor of Ukiah. In response to Council's questions, she indicated it was her desire to work part-time, but was willing to spend whatever time was needed to complete her tasks, and that she considered set office hours a priority. She further indicated she was looking forward to learning how to operate the records management optical imaging system, and that the only drawback to the position she could see at this time was that she was not permitted to speak on agendized items during Council meetings. Ms. Henderson further responded that, as Mayor, she had campaigned to have the City Clerk position become an appointed one. Although the stipulated salary was not an issue for her at this time, she had not experienced the actual demands of the job, and would make the decisions whether to run for re-election or pursue a salary increase at a future date. She stated she would be willing to avail herself of various educational opportunities to increase her knowledge of City Clerk job requirements and legislative updates as needed. Discussion followed relative to the recent history of the City Clerk position, with Council explaining the past rationale for the amount of salary paid, the need for public office hours, and the government mandated requirements of the City Clerk. 4. ADJOURNMENT Malone/Mastin to adjourn the regular adjourned meeting of December 18, 1995, carried by an all AYE vote. There being no further business, the meeting was adjourned at 6:21 p.m. to the regular meeting of December 18, 1996. Marge Giuntoli, City Clerk b:meg\cc\cc 121896.min ITEM NO. 6a DATE January 15, 1996 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF DECEMBER 1996 Payments made during the month of December 1996, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedules of Bills, representing the four (4) individual payment cycles within the month. Accounts Payable check numbers: 93235-93375, 93377-93488, 93658-93766, 77432-77433 Payroll check numbers: 93081-93232, 93233-93234, 93376, 93511-93657 Direct Deposit numbers: 588-693 Void check numbers: 92928-93080, 93489-93510 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 December 1996. 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: ((~~ t/~,-J~L/ Candace Horsley, City M~a~ager AGENDA.WPD/krs CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF DECEMBER 1996 Demand Payments approved: Check No. 93235-93375, 93377-93488, 93658-93766, 77432-77433 FUNDS: 100 General Fund $176,904.50 661 120 Capital Improvement 663 150 Civic Center Fund $168.14 665 141 Museum Grants 670 142 National Science Foundation $3,550.00 675 200 Asset Seizure Fund $1,612.00 678 205 Sup Law Enforce Svc Fund (SLESF) 931,000.00 679 220 Parking Dist. Rev. Fund $346.01 693 260 Downtown Business Improv. 695 300 Gas Tax 696 301 Gas Tax Fund (2107) 94,999.56 697 303 2105 Gas Tax Fund 92,205.07 698 332 Federal Emergency Grant 98,623.47 800 334 EDBG 94-333 Revolving Loan 805 405 Youth Services Ukiah 820 410 Conference Center Fund 99,496.81 920 550 Lake Mendocino Bond 910 575 Garage 94,171.15 900 600 Airport $32,886.45 940 618 Flood Damages 950 611 Sewer Construction Fund 960 612 City/District Sewer 943,452.77 962 610 Sewer Service Fund 965 652 REDIP Sewer Enterprise Fund 924,345.51 966 660 Sanit. Disp. Site (95,476.09) 555 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 Liability Fund Worker's Comp. Fund Special Deposit Trust Payroll Posting Fund General Service Community Redev. Agency Redev. Housing Fund Redev. Capitol Imprv. Fund Redevelopment Debt Svc. Lake Mendocino Bond Reserve PAYROLL CHECK NUMBERS 93081-93232 DIRECT DEPOSIT NUMBERS 588-642 PAYROLL PERIOD 11/17/96-11/30/96 PAYROLL CHECK NUMBERS 93233-93234, 93376, 93511-93657 DIRECT DEPOSIT NUMBERS 643-693 PAYROLL PERIOD 12/1/96-12/14/96 TOTAL DEMAND PAYMENTS TOTAL PAYROLL DED. CHECKS TOTAL PAYROLL CHECKS TOTAL DIRECT DEPOSIT TOTAL PAYMENTS VOID CHECK NUMBERS 92928-93080, 93489-93510 9821.17 9121,777.68 92,241.14 $396.35 $3,590.59 $12,193.55 94,744.63 9461.18 9629,326.80 99,086.50 927,268.77 943,852.30 99,601.91 9127,303.07 9540.44 94,423.93 $3,421.17 $85,187.92 943,662.40 $1,468,186.85 9110,795.47 237903.34 9106,228.56 91,923,114.22 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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It is now appropriate to adopt the ordinance. Staff recommends adoption of the ordinance setting the composition of the Traffic Engineering Committee. RECOMMENDED ACTION: Adopt Ordinance Amending Article 2, Chapter 1, Division 8 of The Ukiah Municipal Code Relative to The Composition of the Traffic Engineering Committee ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine ordinance should be amended, identify proposed changes, and reintroduce ordinance by title only. 2. Determine composition is not appropriate and do not adopt ordinance. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Michael F. Harris, AICP, Assistant City Manager Candace Horsley, City Manager 1. Ordinance for adoption, page 1. APPROVED:._~'~. I.~._~"~~,..,A Candace Horsley, C~ty I~lanager mfh:asrcc 11597tec ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING ARTICLE 2, CHAPTER 1, DIVISION 8 OF THE CITY OF UKIAH MUNICIPAL CODE RELATIVE TO THE COMPOSITION OF THE TRAFFIC ENGINEERING COMMITTEE The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE Section 7030 of Article 2, Chapter 1, Division 8 of the Ukiah City Code is hereby amended to read as follows: §7030: CITY TRAFFIC ENGINEER; OFFICE ESTABLISHED: The office of City Traffic Engineer is hereby established. The office of City traffic Engineer shall consist of a committee who shall serve without additional compensation, consisting of the City Manager, the Chief of Police, the City engineer, the Planning Director, the Supervisor of Public Works or their duly appointed representatives, together with a representative of the local transit authority, a representative of the regional automobile club, and a city resident of driving age, each of whom may from time to time be determined and appointed by the Council. The chairman shall be chosen by vote of the committee. Any member of such committee, whether appointed by this Chapter or by action of the Council, may be removed by the Council at any time. SECTION TVVO This Ordinance shall be published as required by law and shall become effective thirty (30) days after it is adopted. INTRODUCED by title only on December 18,1996, by the following roll call vote: AYES: NOES' ABSENT: Councilmembers Ashiku, Kelly, Mastin, and Mayor Malone None None ADOPTED on January 15, 1997, by the following roll call vote: AYES: NOES: ABSENT: ATTEST: Sheridan Malone, Mayor Colleen Henderson, City Clerk mfh:resord TECREV ITEM NO. 3a DATE: JANUARY 15, 1997 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION APPOINTING COUNCILMEMBER TO FILL THE UNEXPIRED TERM OF SHERIDAN MALONE At their December 4, 1996 meeting the City Council directed that interviews be conducted of interested persons to fill the vacant Council seat. Interviews of four applicants are to be conducted early January 15. Appointment is confirmed by resolution. Staff recommends adoption of the resolution appointing a Councilmember to complete the unexpired term of Sheridan Malone. RECOMMENDED ACTION: Adopt Resolution Appointing a Councilmember to Complete the Unexpired Term of Sheridan Malone. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine none of the candidates is to be appointed and identify the selection process the Council desires. 2. Determine vacant postion is to be filled through a special election and direct staff to initiate the election process. Citizen Advised: Requested by: Prepared by: Attachments: N/A City Council Candace Horsley, City Manager 1. Resolution for adoption, page 1. APPROVED' t (~ Candace Horsley, City mfh:asrcc97 0115COUNCIL ,,lanager RESOLUTION NO. 97- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH MAKING APPOINTMENT TO FILL THE UNEXPIRED COUNCIL TERM OF SHERIDAN MALONE WHEREAS, Councilmember Sheridan Malone was elected to a two year term as City of Ukiah Mayor on November 5, 1996; and WHEREAS, the swearing in of Sheridan Malone as Mayor on December 4, 1996 created a Council vacancy whose term expires in November, 1998; and WHEREAS, on January 15, 1997 the City Council interviewed four candidates who applied for this vacancy. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah does hereby appoint to fill the unexpired term of Councilmember Sheridan Malone, which expires in November 1998. PASSED AND ADOPTED this 15th day of January, 1997 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Sheridan Malone, Mayor ATTEST: Colleen Henderson, City Clerk mfh:resord appointment MEMORANDUM DATE: TO: FROM: SUBJECT: January 10, 1997 Honorable Mayor Malone and Members of City Council Candace Horsley, City Manager ~--~ Agenda Item 4(ii) - Approval of Minutes of Regular Meeting of December 18, 1996 Due to Marge Giuntoli not being able to come to work due to illness, the minutes for the Regular Meeting of December 18, 1996 are not included in your packet. They will be hand delivered to you at our earliest opportunity the beginning of next week. CH:ky 4:Sec:MCC56 ITEM NO. 6c DATE: January 15,1996 AGENDA SUMMARY REPORT SUBJECT: REPORT TO CITY COUNCIL REGARDING PURCHASE ORDER FOR RESURFACING OF CIVIC CENTER FACADE As required by Section 1522 of the Municipal Code, staff is filing with the City Council this report regarding the purchase of contract services for the resurfacing of the Civic Center Facade. The project consisted of an application of elastomedc paint to the Oak Street face of the building. Bids were received from Cruse Construction, $4,500; H.L. Weaver Co., $7,650; and Ron Strate Painting, $12,400. As Cruse Construction later pulled their bid, the project was awarded to and completed by H.L. Weaver, in the amount of $7,650. RECOMMENDED ACTION: Council receive and file report. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Acct. No. (if NOT budgeted): N/A Acct. No.: 100.1915.800.000 Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: Prepared by: Larry W. DeKnoblough, Community Services Director Coordinated with: Candace Horsley, City Manager Nora Kennedy, Purchasing Officer Attachments: 1. Project Bids 2. Purchase Order APPROVED:(_(~'~_ ~ ~$ ~,,~, Candace Horsley, City ~anager 4/LD:Asrpaint Lic. # 608968 . ., ....... Free Estimates Lic. # 608968 CRUSE CONSTRUI! CRUSE CONSTRUCTION General Building and Painting Contractor Custom Home Remodels Randy Cruse (707) 462-5917 INVOICE ADDRESS: ADDRESS: INVOICE NO. . 00191 CITY: PHONE NO. CITY: PHONE NO. flCS.LOAD[D FC$.O/~D. SIZE: L[NGTH D I[ S C R I I) T I O N DIr/,T TOTAL FEET ..... · AMOUNT I I I'~ '' I -- - -- dELIVERY SALESMAN ' [DEL,O' iS'ORE I DATE aY NO. DELIVERY CHGS. I :IEMARKS: I-'-1 r'--1 CHARGE DRIVER I WILL CALL SALE NET SALE I COLLECT I r-'l SPECIALoRDER CUSTOMERREQUEST SALES TAX I -- $ I r'-] DELIVERY J--'"l SEE REMARKS SUB TOTAL t I IT IS UNDERSTOOD AND AGREED THAT MERCHANDISE ON THIS ORDER IS THE PROPERTY CASHIER CASH DOWN PAYMENT I UNTIL FULLY PAID FOR. MERCHANDISE HELD LONGER THAN 30DAYS VALIDATION .~ANNOT BE CANCELLED BY CUSTOMER, · RECEIVED ABOVE MERCHANDISE IN GOOD CONDITION. · BALANCE DUE. I I Hi._ I.~Jea',,/er-' F:'tg. H~N Entr-'. Fa::< : 707-~65-0596 3a.F~ 09 21:56 STATE LICENSE NO. 476225 P.O, Drawer 937, Uklah, CA 95482 Phone (707) 462.4898 Proposal and Co-ntract TO City of Ukiah .us,,.z$s ^Od.[Ss.,, ]00..Se_m_i_nary Ave, , Uki.ah ........ Joe~0,[ss 300 Seminary ~e., Ok~ah owN[.(s) . __ C~tv nE []klah - I~1[ Pl"tS tNT A?IV~'/¢ONTRACTOIR [] OWNE~ []Lcsszc O^TC Oct. 8 T£~-~.,~ON~ 463--6221 ~'~..o.~ FAX 463-62,04 APP~,.I(~A~,I~ IF THI~i GONTRAGT IS WITH Larry DeKnoblough 96 THIS PROPOSAL IS VOID UNLESS ACCEPTED WITHIN THIRTY DAYS We propose to Iumlsh the lollowing: Labor and materials to powerwash exterior surfaces, apply two(2) coats elastomeric sealant to stucco surfaces and paint gutter, soffits and downspouts with one(l) coat flat latex. Each area below is broken out with and without prevailing wage. Colors to be matched to existing - two(2) colors used. 1. Tower at entry including 2 towers and entry: Prevailing wage: Thirty- seven hundred dollars. ($3700.) Non-prevailing wage: Twenty-six hundred ninety-five dollars. ($2695.) 2. Walls extending to south and north office wing. Work to stop at front Corner of building= Prevailing wage: Thirty-nine hundred fifty dollars. ($3950.) Non-prevailing wage: Three thousand eighty dollars. ($3o8o.) ALL OFTHE ABOVE WORKTO 8E COMPLETEDiN A 8UBSTANTIALAND WORK~AN-[IKE ~ANNER FOR THEsum of. refer to abQ¥~ , Oollars($ ), Payable The entire amount Of COntract to be paid within 3 0 days after completion. Any addition, alteration from the above specifications will become an extra charge over the sum mentioned in this con[tact and owne~ shall pay for same weekly as such additional work, alteration Or deviation progresses. Contractors are required by law to be licensed and regulated by the Contractor's State License Board. Any queslions concerning a contractor may be referred to the Registrar, Contractor's State License Board, 9835 Goethe Road, Sacramento, CA 95827. Mailing Actdress: P.O, Box 26000, Sacramento. CA 95826. H, L, Weaver Painting P.O. Drawer 937 Uklah, CA 95482 707-462-4898 Lie, NO, 476225 Respectfully SubmiHed, % ..,.,.-! You are authorized to furnish all materials and labor required to complete the work mentioned in the above proposal, for which i/VVs agree to pay the amount in said proposal, and according to the terms hereof. I have read the condilions O! proposal and contract on the reverse Side hereof and a~ree to same, ACCEPTED .. The lender is: NAME ADDRESS 40% Pre-Consumer Content · 10% Post-Consumer Content RON STRATE PAINTING L~ ~6~5245 1135 Melior 'Dr. LAKEPORT, CA 95453 (707) 263-1829 · (707) 462-9180 PROPOSAL SUBMI'I-rED TO /' t PHONE Page No. of Pages STREET CITY, STATE AND ZIP CODE DATE OF PLANS DATE JOB NAME JOB LOCATION ~...~ We hereby submit specifications and estimates for: . .. . tltle ~Iropose hereby to furnish material and labor --complete in accordance with above specifications, for the sum of: C.~.(,~.~,,, - dollars ($ ] ~,,,-/YOO'' / Payment to be made as follows: , All material'is guaranteed ,o be as specified. All work to be completed in a workmanlike ,..:_~. .... ~"~-""~ .~'~ ~'fi manner according to standard practices. Any alteration or deviation from above specifica- ~Authorized ~'_ / ) ~ tions involving extra costs will be executed only upon written orders, and will become an :~ignature . ~_. "' (.~-~- extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance, Note: This proposal may be Our workers are fully covered by Workmen's Compensation Insurance. with,dr,awn by us if not accepted within days. ' A eptan e of Iroposal- . above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do ~he work as specified. Payment will be made as outlined above. Date of Acceptance: Signature Signature PRODUCT II 8 ~ln~., Gmton. Mass, 01471. To O~de~ PHONE TOLL FREE t + 800-225-6380 FILE 12175 CITY OF UKIAH PURCHASE ORDER UKIAH, CALIFORNIA 95482 PHONE (707) 463.6233 FAX (707) 462-4281 DATE No.28 06 12-2-96 g.L. NF. AVI:R FAZIF'~ZLqG P.O. Box 937 ITIr:Lah, CA 95&82 L_ / SUBMIT DUPLICATE INVOICES TO: PURCHASING DEPT. 1320 AIRPORT RD. PURCHASE ORDER NUMBER MUST APPEAR ON ALL INVOICES AND PACKAGES. DELIVER TO DELIVERY DATE ACCOUNT ITEM QUANTITY DESCRIPTION UNIT PRICE TOTAL 0-1915-800 Resurfaci~8 of front exterior of Civic Center 7,650.00 O0 APPL TAX ', TOTAL 7.650. OO No other terms and conditions will be accepted unless agreed to and signed by both parties. .PU RCI-IA~NG / WARCFf-IOUSE SUPERVISOR AGENT DEPARTMENT COPY- ITEM NO. kd DATE: lanuary 15, 1997 AGENDA SUMMARY REPORT SUBJECT: REPORT OF THE ACQUISITION OF HEAVY EQUIPMENT REPAIR SERVICES SUMMARY: In compliance with Section 1522 of the City of Ukiah Municipal Code, this report is being submitted to the City Council for the purpose of reporting the acquisition of heavy equipment repair services costing more than $5,000 but less than $10,000. The City obtained an estimate in the amount of $3,500 from Peterson Tractor for the repair of the Caterpillar 955 track loader at the landfill. During the repair process it became apparent that several other components also needed to be replaced. As such, the total repair bill for the work is $6,975.87. Repair of this equipment was necessary to enable the landfill to continue its operations without undue interruption. Costs for miscellaneous repair services are included in the approved FY 1996/1997 landfill budget. RECOMMENDED ACTION: Receive and file report. Report is submitted pursuant to Municipal Code. ALTERNATIVE COUNCIL POLICY OPTIONS: None. Acct. No. (if NOT budgeted): N/A Acct. No.: 660-3401-303-000 Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: Rick Kennedy, Director of Public Works/City En/~i~eer ~ Prepared by: Rick Seanor, Deputy Director of Public Works ~J~,k~ Coordinated with- Candace Horsley, City Manager Rick Kennedy, Director of Public Works/City Engineer Attachments: 1. FY 1996/1997 budget sheet APPROVED: Candace Horsley, Cit~/IV~nager RJS:AGLFOVER.SUM ~ ITEM NO. 6e DATE: JANUARY 15, 1997 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF BUDGET AMENDMENT FOR $2,000 CONTRIBUTION TO MENDOCINO COUNTY INLAND WATER AND POWER COMMISSION At their August 21, 1996 the City Council approved the Joint Powers Agreement for the Mendocino County Inland Water and Power Commission, culminating many months of negotiation and consideration by several local entities. With the execution of the agreement, the City committed itself to contribute $2,000 to the Commission to assist in its initial formulation. These funds were not budgeted and thus Council action is required for their distribution. No specific direction as to the source of these funds was determined during the discussion of this matter in August. Staff recommends that since the City as a whole is participating in this JPA that the monies be reported in account 100.1990.260.000, "Dues and Subscriptions", under Miscellaneous General Government Expense "Department" in the General Fund. Payments to other entities the City participates in, including the League of California Cities and Mendocino Emergency Services Association JPA are recorded in this account. The amendment will reflect the funds coming from the beginning fund balance in the General Fund. Staff recommends approval of the budget amendment to allow for the distribution of the $2,000 contribution in the Commission as stipulated in the JPA agreement. RECOMMENDED ACTION: Approve Budget Amendment for Contribution to Mendocino County Inland Water and Power Commission by increasing account 100.1990.250.000 by $2,000 from Beginning Fund Balance of the General Fund (Fund 100). ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine modified amount is to be contributed, identify that amount, and approve revised budget amendment. 2. Determine contribution will not be made and do not approve budget amendment. Acct. No. (if NOT budgeted): Appropriation Requested: Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: 100.1990.250.000 Acct. No.: N/A $2,OOO N/A Mendocino County Inland Water and Power Corn, mis.s~on f%--..,,, ~ Michael F. Harris, AICP, Assistant City Manager ~ L,~~ Candace Horsley, City Manager 1. Excerpt of the August 21, 1996 City Council meeting minutes, page 1. 2. Excerpt of the JPA agreement, pages 2-3. 3. Budget amendment worksheets, pages 4-5. APPROVED: ~ (~ ~"~-dace Horsley, Cit'~anager mfh:asrcc97 0115baco · . be installed betw,~en the curb and sidewalk; however, it is not being enforced. It was fu'ther notecl that either the trees should be installed according to Ordinance, or the Ordina,~ce Should be changed. , I~' ';" ~, :.~ ,~.,t;~. ,.',' ,~ L Councilmembbr Shoemaker recommended the following changes to Appendix F, Master Tree List. Page 3, change the spelling of "Crepe Myrtle" to "Crape Myrtle." Page 8, relative to the Chinese Tallow Tree, note in the Comments column that an annual pruning is recommended. He further recommended the Strawbem/Tree and the Eucalyptus be eliminated from the Master Tree List. He referred to Chapter 5, Article 2, Section 5421, B. and E. of the Ukiah Municipal Code relative to the definitions of "Planting Stdp" and "Tree," and suggested revisions be made to incorporate the City Engineer's guidelines. He further referred to Section 5424, C., describing street trees, and commented there were many trees listed on the street tree list that do not meet that description. He suggested the modification of the Master Tree List and elimination of those trees which do not meet Ordinance requirements. Discussion followed regarding planting street trees on pdvate property rather in the public right-of- way, and the use of plants indigenous to Mendocino County. Council suggested the following change to the Guidelines: Page 3, Chapter 1, A.5. Delete from Guidelines. City Manager Horsley suggested an option would be to approve the Resolution adopting the Landscaping Guidelines with the suggested changes, and then change the Ordinance at a later date. MIS Malone/Mastin to adopt Resolution No. 97-14 Adopting the Ukiah Landscaping and Streetscape Design Guidelines, with the changes as previously proposed by Council, carded by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: CouncilmemberWattenburger. SC. Adoption of Resolution Approving Joint Powers Aqreement for the Formulation and Implementation of the Mendocino County Inland Water and Power Commission and Authorizing Mayor to Execute Aqreement Mayor Schneiter explained the Redwood Valley County Water Distdct is now a member of the group considering the Commission, and advised that each of the five entities have been asked to contribute $2,000 startup funds. When the Board is selected and the members in place, the plan for financing will be determined at that point. Discussion followed regarding from which account in the budget the $2,000 would be drawn. MIS Mastin/Malone to adopt Resolution No. 97-15 Approving Joint Powers Agreement for the Formulation and Implementation of the Mendocino County Inland Water and Power Commission and Authorizing the Mayor to Execute the Agreement, carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: CouncilmemberWattenburger. 8d. Discussion Reqarding Annual Fundinq for Non-Profit Groups City Manager Horsley reviewed the staff repod and outlined the possible actions Council could take. Councilmember Mastin stated he was a strong supporter of these funds, but recommended the funds be held for the time being and see how things progress dudng the course of the fiscal year. Councilmember Shoemaker stated he agreed ihat the funds should be held. Regular Meeting - August 21, 1996 Page 3 .. t, '- JOINT EXERCISE OF POWERS AGREEMENT FOR THE FORMULATION AND IMPLEMENTATION OF THE MENDOCINO COUNTY INLAND WATER AND POWER COMMISSION (COMMISSION) THIS JOINT EXERCISE OF POWERS AGREEMENT, is made and entered into by and between the following Public Agencies within the State of California, that is, Mendocino County Water Agency, (Water Agency), Mendocino County Russian River Flood Control & Water Conservation Improvement District (Flood Control), Redwood Valley County Water District (Redwood), the Potter Valley Irrigation District (PVID), and City of Ukiah (Ukiah). The foregoing parties are collectively referred to herein as "the signatories". RECITALS: This Agreement is made with reference to the following facts: A. WHEREAS, the Russian River and its tributaries are valuable resources vital to economic development, environmental quality and general well being of the signatories and their constituents. B. WHEREAS, the Eel River diversions into the Russian River Watershed are absolutely vital to that economic development, environmental quality and general well being; C. WHEREAS, the signatories recognize that a united voice is required of all of the signatories when it comes to issues relating to (1) the continued Eel River Diversion; and (2) the viability of the PG&E Potter Valley Project; and (3) the potential SECTION 8.01. Assumption of Responsibilities. Upon completion of the initial organization of the Commission and the selection of a Chairman and Vice Chairman, and the appointment of the Secretary and Engineering and Legal Advisor, the Commission shall proceed to carry out its duties and responsibilities as set forth in this agreement. ARTICLE IX - FINANCIAL .AND INSURANCE PROVISIONS SECTION 9.01. Fiscal Year. The fiscal year of the commission shall be from July 1 of each year to and including June 30 of the following year. SECTION 9.02 Insurance . The Commission shall secure and maintain insurance for personal injury in the minimum amount of $1,000,000 per person and $3,000,000 per incident, or more, and for damage to property of the Commission and others in the minimum amount of $1,000,000 per incident, or more. SECTION 9.03. Contributions. The parties hereto shall each contribute to the Commission within 30 days of approval of this agreement by all five member agencies the sum of $2,000.00. Any financial contributions other than set forth above shall be made only upon approval of the board of the Commission and ratification by the boards of the member agencies. The expenditure of funds contributed to the Commission by the parties hereto shall be used only for ordinary administrative and operating expenses of the Commission and for payment Of fees and costs incurred or to be incurred by the Commission in connection with the execution of its purpose. 2 I-- Z LU Z Z 0 i o~ ITEM NO. 6f MEETING DATE: January 1 5. 1 997 AGENDA SUMMARY REPORT SUBJECT: NOTIFICATION TO COUNCIL REGARDING PURCHASE OF LIQUID POLYMER Liquid polymer is an essential chemical used to aid the filtering of the effluent water at the wastewater treatment plant. Two 275 gallon totes of liquid polymer were needed to treat the anticipated inflow from the heavy rains. Requests for Quotations through the informal bid process for were sent to the two suppliers that have demonstrated that their product is compatible with our filter process. The two bids were returned and evaluated by staff. The Iow bidder is Ecochem, Inc. with atotal bid of $5,666.66. A purchase order has been issued to Ecochem, Inc. Based on our purchasing policies, we are giving the City Council the required notification of this action. RECOMMENDED ACTION: Receive and file report regarding the purchase of liquid polymer product. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Acct. No. (if not budgeted): Acct. No.: 612-3580-520 Appropriation Requested: N/A Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Prepared by: George Borecky, Water/Sewer Operations Superintendent Coordinated with: Candace Horsley, City Manager Attachments: 1. Bid Tabulation Candace Horsley, City l~a nager ITEM NO. DATE: 6q January 15, 1997 AGENDA SUMMARY REPORT SUBJECT: NOTIFICATION TO COUNCIL REGARDING THE PURCHASE OF A USED FORKLIFT REPORT: Included in the 1996/97 budget is $15,000 to purchase a used forklift for use at the wastewater treatment plant. The forklift will be used to off-load and position chemicals used at the plant, and be used for general lifting and maintenance functions. Three forklift dealers were contacted and given general specifications to follow. All three dealers submitted bids which were evaluated by staff. The lowest bid from Accurate Forklift Inc., for the total sum of $9,116.25, was found to be an excellent machine. Accurate forklift Inc. has been issued a purchase order. Based on purchasing policies, we are giving the City Council the required notification of this action. RECOMMENDED ACTION: Receive and file report regarding the purchase of a used forklift. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Acct. No. (if not budgeted): N/A Acct. No.: 612-3580-800 Appropriation Requested: N/A Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Prepared by: George Borecky, Water/Sewer Operations Superintendent Coordinated with: Candace Horsley, City Manager Attachments: Tabulation of Bids Candace Horsley, Cit~ Manager ITEM NO. 6h DATE: January 15, 1997 AGENDA SUMMARY REPORT SUBJECT: ACCEPTANCE OF RESIGNATION OF PLANNING COMMISSIONER JOHN McCOWEN SUMMARY: A letter of resignation from Planning Commissioner John McCowen was received on January 9, 1997, effective immediately. Mr. McCowen's term expires on June 30, 1997, although a new appointee will be eligible for two additional terms, through June 30, 2003. With this resignation, two vacancies exist on the Planning Commission, and candidate interviews and Commission appointments are respectively scheduled for a special meeting and the regular meeting of January 15, 1997. RECOMMENDED ACTION: Receive Commissioner McCowen's resignation letter; consider filling this vacancy from the pool of candidates currently established. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Direct staff to establish a new candidate pool, and bring this appointment back at a future Council meeting. Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Robert Sawyer, Planning Director Coordinated with: Candace Horsley, City Manager, and Mike Harris, Asst. City Manager Attachments: McCowen Letter of Resignation Candace Horsley, Cit~Manager Ukiah City Council 300~ Seminary Avenue, Ukiah, CA 95482 Re: Resignation from Planning Commission Janu~.ry 9, 1997 Dear Mayor Malone and Councilmembers, I hereby resign from the City of Ukiah Plsnning Commission. effective immediately. Thank you for the opportunity to serve in this capacity. It has been a pleasure to work with Planning Department staff. Sincere~ly, OO.h~ McOowen P.O. Box 454 Ukiah, CA 95482 AGENDA SUMARY ITEM NO. 6 i DATE: January 15. 1007 REPORT SUBJECT: Receive Report Regarding award of bid for 5,000 feet of 750 MCM Aluminum, 600V single conductor cable to G.E. Supply in the amount of $6,810.38 REPORT: A Request for bids for 5,000 feet of 750 MCM Aluminum, 600V single conductor cable was requested to provide material for current Electric Department construction projects. The City sent a Request for Bids to fifteen (15) vendors and received eight (8)bids which were opened on December 18, 1996. The results of the bids and any exceptions noted are listed as follows: BIDDERS UNIT PRICE SUBTOTAL TAX TOTAL 1. G.E. Supply $1.27 per ft. $6,350.00 $460.38 $6,810.38 2. ACPC Inc. $1.472 per ft. $7,360.00 $533.60 $7,893.60 3. Champion Wire & Cable $1.41 per ft. $7,050.00 $511.13 (Alternate Bid at 6,000 ft.) $1.21 per ft. $7,260.00 $526.35 $7,561.13 $7,786.35 . Manco (Alternate Bid at 20,000 feet minimum) $1.537 per fi. $30,740.00 $2,228.65 $32,968.65 5. Davis Gregory & Doll NO QUOTE 6. Maydwell & Hartzell NO QUOTE 7. Pirelli Cable NO QUOTE 8. The Okonite Company NO QUOTE The bids were evaluated by Staff and although Champion Wire & Cable has an alternate bid that is lower per unit than G.E. Supply, the quantity is higher by 1,000 feet, and the Electric Department is reducing stock, so the additional 1,000 feet is not necessary at this time. Therefore, the bid was awarded to G.E. Supply for the amount of $6,810.38. This bid represents total cost, including tax and shipping. It is budgeted in Account No. 800-3646-420. RECOMMENDED ACTION: Receive and file report per City of Ukiah Municipal Code, Section 1522. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Acct. No. (If not budgeted):N/A Acct. No.: 800-3646-420 Appropriation Requested: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Prepared by: Stan Bartolomei, Electrical Supervisor Coordinated with: Candace Horsley, City Manager Attachments: None C~mdace HorSily, ~Cit~ lllanager a:\750.wpd ITEM NO. 8a DATE: January 15, 1997 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION APPROVING NEGATIVE DECLARATION AND INTRODUCTION OF ORDINANCE AMENDING THE CITY ZONING MAP TO REZONE 49 LOTS FROM C-N (NEIGHBORHOOD COMMERCIAL) TO C-1 (LIGHT COMMERCIAL) SUMMARY: This proposed rezoning project involves changing the zoning on 49 lots from "C-N" (Neighborhood Commercial) to "C-1" (Light Commercial). Subsequent to the City Council's recent adoption of an ordinance revising the provisions of the "C-N" zoning making it a truly Neighborhood Commercial district, it became apparent that the parcels currently zoned "C-N" do not reflect the spirit and intent or fulfill the criteria for the district. Accordingly, this rezoning action is intended to assign the proper zoning classification to these parcels. (continued on page 2) RECOMMENDED ACTION: 1) Adopt Resolution approving the Negative Declaration; and 2) Introduce by title only the ordinance amending the City Zoning Map rezoning 49 lots from C-N to C-1. ALTERNATIVE COUNCIL POLICY OPTION: 1. Do not introduce the proposed ordinance. 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. 2. 3. 4. CEQA Resolution with attached Negative Declaration Ordinance amending the City Zoning Map Planning Commission Staff Report, dated December 11, 1996 Planning Commission Minutes, dated December 11, 1996 APPROVED: Candace Horsley, The parcels are generally situated along Orchard Avenue from Ford Street to Gobbi Street, and along Gobbi Street between Orchard Avenue and the NWP railroad tracks. The project also involves the parcels comprising the Pear Tree Shopping Center (see map and table attached to the ordinance). The subject parcels are currently developed with a wide variety of high intensity commercial land uses, ranging from the shops and large retail stores in the Pear Tree Shopping Center to the convenience store, professional offices, and paint store situated along Gobbi Street east of the railroad tracks. These types of commercial uses are inconsistent with the new provisions for the "C-N" district. They are, however, consistent with the spirit and intent, as well as the allowed and permitted uses of the "C-1" (Light Commercial) zoning district. Staff provided a detailed analysis of the proposal to the Planning Commission on December 11, 1996. After public input and considerable discussion, the Commission concluded that the rezoning is logical and appropriate. Accordingly, they unanimously voted to recommend that the City Council approve the Negative Declaration and adopt the ordinance rezoning the subject properties. GENERAL PLAN CONSISTENCY: All of the proposed parcels are designated as "C" (Commercial) in the Ukiah General Plan, and both the C-N and C-1 zoning classifications are consistent with this land use designation. CONCLUSIONS: The newly adopted provisions for the C-N zoning district make it indisputably neighborhood serving commercial by restricting allowed and permitted land uses, and providing residential type development standards. As a result of these major changes in the C-N text, the parcels currently zoned C-N become inconsistent with the spirit and intent of the district. Moreover, many of the existing developed parcels in the C-N now have non-conforming land uses and buildings, which inhibits their ability to expand, evolve, and function as they have in the past. Accordingly, staff and the Planning Commission have concluded that the rezoning is both reasonable and appropriate. ENVIRONMENTAL REVIEW: The City of Ukiah as lead agency has determined that no significant environmental effects are associated with the project, and has prepared a Negative Declaration. Prior to introducing the Ordinance to rezone the 49 parcels, the City Council must first adopt the Resolution approving the Negative Declaration. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR THE C-N TO C-1 REZONING PROJECT WHEREAS, on November 20, 1996, the City Council adopted Resolution No. 980, formally revising the provisions of the C-N (Neighborhood Commercial) zoning district for the City; and WHEREAS, the new provision for the C-N (Neighborhood Commercial) zoning district are more restrictive in terms of purpose and intent, allowed and permitted uses, and development standards than the previous C-N provisions; and WHEREAS, the parcels currently zoned C-N (Neighborhood Commercial) are situated along major arterial and collector streets in established commercial corridors, and are generally developed with high intensity commercial land uses; and WHEREAS, the new provisions for the C-N (Neighborhood Commercial) zoning district are intended to provide Iow intensity commercial services, such as medical offices, small retail stores, and personal services to an adjacent and integrated residential community, rather than high intensity commercial land uses; and WHEREAS, the City Planning Department initiated a rezoning of the C-N (Neighborhood Commercial) zoned parcels to the more appropriate C-1 (Light Commercial) zoning district, and conducted an initial study to ascertain if the proposed rezoning would have significant adverse impacts on the environment; and WHEREAS, based on the analysis contained in the Initial Study, staff is able to conclude that the proposed C-N to C-1 Rezoning project would not have a significant adverse effect on the environment; and WHEREAS, based on the conclusions reached in the Initial Study, staff is recommending the adoption of a Negative Declaration for the C-N to C-1 Rezoning Project; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 WHEREAS, on December 11, 1996, the City Planning Commission reviewed, discussed, and approved the Negative Declaration for the C-N to C-1 Rezoning Project and is recommending final adoption by the City Council; and WHEREAS, on January 15, 1997, the City Council conducted a public hearing and discussed the Negative Declaration for the C-N to C-1 Rezoning Project; and WHEREAS, the City Council finds, based upon the conclusions reached in the Initial Study, that the adoption of a Negative Declaration is appropriate for the C-N to C-1 Rezoning Project. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Ukiah hereby adopts the Negative Declaration for the C-N to C-1 Rezoning Project. PASSED AND ADOPTED this 15th day of January, 1997, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Sheridan Malone, Mayor ATTEST: Colleen Henderson, City Clerk CITY OF UKIAH PLANNING DEPARTMENT NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT DATE: APPLICANT: PROJECT: LOCATION: November 28, 1996 City of Ukiah C-N to C-1 Rezoning Project (96-48) The parcels are generally situated along Orchard Avenue from Ford Street to Gobbi Street, and along Gobbi Street between Orchard Avenue and the NVVP railroad tracks. The project also involves the parcels comprising the Pear Tree Shopping Center. DESCRIPTION OF PROPOSAL: The proposed project involves the rezoning of 49 parcels from the "C-N" (Neighborhood Commercial) zoning classification to the "C-1" (Light Commercial) zoning classification. The purpose of the project is to make the zoning of these properties conform to their actual use. Specifically, the existing commercial uses on the parcels are consistent with the C-1 classification, and do not fulfill the purpose and intent of the C-N classification. The existing commercial uses are not representative of the allowed or permitted land uses listed for the Neighborhood Commercial zoning district, nor do they, in many cases, comply with the development standards for the C-N district. ENVIRONMENTAL SETTING: The project area is characterized as a densely urbanized City setting with a mix of typical land uses, including residential, commercial retail, commercial services, and professional offices. The setting of individual properties recommended for rezoning include both densely developed and vacant land. ENVIRONMENTAL ANALYSIS: The Initial Study of potential environmental impacts prepared by City staff does not identify any potentially significant environmental impacts resulting from the proposed rezoning project. Topics include earth, air, water, plant & animal life, noise, land use, natural resources, risk of upset, population, housing, transportation, public services, energy, and recreation. FINDINGS SUPPORTING A NEGATIVE DECLARATION: Based upon the analysis, findings, and conclusions contained in the Initial Study, the project does not have the potential to degrade the quality of the local or regional environment. Based upon the analysis, findings, and conclusions contained in the Initial Study, the project will not result in short-term impacts that will create a disadvantage to long-term environmental goals. Based upon the analysis, findings, and conclusions contained in the Initial Study, the project will not result in impacts that are individually limited, but cumulatively considerable. . Based upon the analysis, findings, and conclusions contained in the Initial Study, the project will not result in environmental impacts which will cause substantial adverse effects on human beings, either directly or indirectly. STATEMENT OF DECLARATION: After appraisal of the possible impacts of this project, the City of Ukiah has determined that there is no substantial evidence that the rezoning project will have a significant effect on the environment, and further, that this Negative Declaration constitutes compliance with the requirements for environmental review and analysis required by the California Environmental Quality Act. This document may be reviewed at the City of Ukiah Planning Department, Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California. (707) 463-6200. STUD POTENTIA ENVi'RONMENTAL: IMPACTS BACKGROUND INFORMATION 1 1 m 1 5. Se e Name of Project Proponent City of Ukiah Planning Department Address of Project Proponent 300 Seminary Avenue, Ukiah Name of Project "C-N" to "C-1" Rezoning - Project No. 96-48 Assessors Parcel Number(s) Various (see attached list) Date of Initial Study Preparation October 23, 1996 Name of Lead Agency Ukiah Planninc~ Department Address and Phone Number of Lead Agency 300 Seminary Avenue, Ukiah (707) 463-6200 8. Brief Project Description (see attached) 9. Person Responsible for Preparing Initial Stud~. ~se,~'rl r~P~nme rl~/~ PROJECT DESCRIPTION "C-N" to "C-I" REZONING PROJECT NO. 96-48 The proposed project involves the rezoning of 49 parcels from the "C-N" (Neighborhood Commercial) zoning classification to the "C-1" (Light Commercial) zoning classification. The purpose of the project is to make the zoning of these properties confrom to their actual use. Specifically, the existing commercial uses on the parcels are consistent with the "C-1" classification, and do not fulfill the purpose and intent of the "C-N" classification. The existing commercial uses are not representative of the allowed or permitted land uses listed for the Neighborhood Commercial zoning district. The following is a list of the properties proposed for rezoning as a part of this project: AP Number Location Existing Land Use (1) 2-030-6 North of Mervyn's Vacant (2) 2-193-15 400 East Perkins St. Vacant (3) 2-193-45 404 East Perkins St. Mendocino-Steak & Salad Restaurant (4) 2-200-39 Orchard Avenue and Penny's Department Store Hospital Drive (5) 2-247-1 605 East Perkins St Chevron Station (6) 2-247-2 Perkins & Orchard Denny's Restaurant (7) 2-247-3 Orchard Plaza Shopping Center (8) 2-247-4 Orchard Plaza Shopping Center (9) 2-247-5 Orchard Plaza Shopping Center (10) 2-247-6 Orchard Plaza Shopping Center ('11) 2-247-7 Orchard Plaza Shopping Center (12) 2-290-48 640 Orchard Avenue Holy Trinity Church (13) 2-290-51 540 Orchard Avenue Dept Motor Vehicles (14) 2-312-9 350 East Gobbi St Professional Offices (15) 2-312-10 376 East Gobbi St Professional Offices (16) 2-312-11 Leslie & Gobbi St Convenience Store (17) 2-312-12 300 East Gobbi St Professional Offices (ptn) ('18) 2-320-4 648-652 Orchard Ave Single Family Residence (2?) (19) 2-320-28 696 Orchard Avenue Single Family Residence (20) 2-320-30 654-656 Orchard Ave Acorn Realty Company (21) 2-320-31 668 Orchard Avenue Montessori School/Happy Tails Dog Grooming (22) 2-320-32 676 Orchard Avenue Hometown Shopper (23) 2-320-35 490 East Gobbi Street Single Family Residence (24) 2-320-37, 38 400 East Gobbi Street Professional Offices (25) 2-340-24 Orchard & Peach St. Vacant (26) 2-340-25 425 Orchard Avenue Agricultural Service Center (27) 2-340-26 427 Orchard Avenue Kings Office Supply (vacant) (28) 2-340-27 620-630 Kings Court PIC / Professional Offices (29) 2-340-28 655 Kings Court Professional Offices (30) 2-340-29 625 Kings Court Professional Offices (3'1) 2-340-30 601 Kings Court CA State Auto Assoc (32) 2-340-31 545 Orchard Avenue Vacant (33) 2-340-34 No address Vacant (Future Post Office) (34) 2-340-38 551 Orchard Avenue First American Title (35) 2-340-39 Behind 2-340-38 Vacant (36) 2-340-42 631 Orchard Avenue Blue Shield Building (1) (37) 2-340-43 631 Orchard Avenue Blue Shield Building (2) (38) 2-340-44 No address Vacant (39) 2-370-25 Orchard & Hospital Dr Mervyns Department Store (40) 3-581-22 237 East Gobbi Street RCHDC Offices (41) 3-581-29 VVaugh & Gobbi Kelly Moore Paint Co. (42) 3-582-1 455 East Gobbi Street Professional Offices (43) 3-582-4 (ptn) Gobbi & Orchard Ave Vacant (44) 2-200-35 420 East Perkins St. Savings Bank (45) 2-200-36 410 East Perkins St. Wendy's Restaurant (46) 2-242-17 Orchard Avenue & Beacon Gas Station Perkins Street (SVV) (47) 2-200-29, 30 Orchard Avenue & Pear Tree Shopping Center Perkins Street C-N' TO:.... C..1. REZO NI N G P R OJE CT' (.9 6:~8)!:ili'i:iiiili!!ii!i!iii:.!iiiiii:ili.:iliiiii!iii~'i::.?.,i.'..:':'.'<~ .. WILL THE PROJECT RESULT No Not Significant Significant Cumulative IN THE FOLLOWING Significant Unless No Impacts Mitigated Apparent ENVIRONMENTAL EFFECTS: Mitigation 1. EARTH: a. Unstable earth conditions or changes [~ [~ [~ [~ [~ in geologic structures. b. Disruptions, Displacements, [~ Compaction, or overcovering of soil.__ [~ [~ [~ [~ c. Change in topography or ground [~ surface relief features. [~ [~ [~ [~ d. The destruction, covering, or ~ modification of any unique geologic or__ [~ [~ [~ ~ physical features. e. Any increase in wind or water erosion [~ [~ [~ [~ [~ of soils, either on or off the site. f. Changes in deposition or erosion of beach sands, or changes in siltation, [~' [~ [~ [~ [~ deposition, or erosion that may modify the channel of a river, stream, inlet, or bay? g. Exposure of people or property to [~ geologic hazards such as__ [~ [~ [~ [~ earthquakes. 4 2. AIR: deterioration of ambient air quality. b. The creation of objectional odors. c. Alteration of air movement, moisture, or temperature, or any change in climate, either, locally or regionally? 3. WATER: a. Changes in the currents, or the course of water movements, in either fresh or marine waters. b. Changes in the absorption rates, drainage patterns, or the rate and amount of surface runoff. c. Alterations to the course or flow of flood waters. d. Change in the amount of surface water in any water body. e. Discharge into surface water, or any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity. f. Alteration of the direction or rate of flow of ground water. g. Change in the quantity of ground water, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations. h. Change in the quality of ground water. i. Substantial reduction in the amount of water otherwise available for public water supplies. j. Exposure of people or property to water related hazards such as flooding or tsunamis. 4. PLANT LIFE: a. Change in the diversity of species, or numbers of any species of plants including trees, shrubs, grass, crops, and aquatic plants. b. Reduction of the numbers of any unique, rare, or endangered species of plants. c. Introduction of new species of plants [~ [~ into an area, or in a barrier to the normal replenishment of existing species. d. Reduction in acreage of any agricultural crop. 5. ANIMAL LIFE: a. Change in the diversity of species, or number of any species of animals including birds, land animals, reptiles, fish, insects, and bethnic organisms. b. Reduction in the number of any unique, rare, or endangered species of animals. c. Introduction of new species of animals into an area, or in a barrier to the migration or movement of animals. d. Deterioration of existing fish or wildlife habitat. 6, NOISE: a. Increase in existing noise levels. b. Exposure of people to severe noise 6 7. LIGHT AND GLARE: a. Production of new light and glare. b. Reduction of solar exposure or adverse impacts to existing solar collection facilities. 8. LAND USE: a. Substantial alteration of the present or planned land use of a given area. 9. NATURAL RESOURCES: a. Increase in the rate of use of any natural resources. 10, RISK OF UPSET: a. A risk of an explosion or the release of hazardous substances, (including oil, pesticides, chemicals, or radiation) in the event of an accident or upset conditions. b. Possible interference with an emergency response plan or evacuation plan. '1'1. POPULATION: a. Alterations in the location, distribution, density, or growth rate of human populations. 12. HOUSING: a. VVill the proposal effect existing housing or create a demand for new housing? 7 13. TRANSPORTATION: a. Generation of substantial additional vehicular movement? b. Effects on existing parking facilities, or demand for new parking facilities? c. Substantial impact upon existing transportation systems? d. Alterations to present patterns of circulation or movement of people and/or goods? e. Alterations to waterborne, rail, or air traffic? f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? '14. PUBLIC SERVICES: a. Will the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: 1. Fire protection? 2. Police protection? sc oo,s 4. Parks & recreation facilities? 5. Maintenance of public facilities? 6. Other governmental services? '15. ENERGY: a. use of substantial amounts of fuel or energy? B. Substantial increase in demand upon existing sources of energy, or require the development of new energy sources? 8 16. UTILITIES: a. Will the project result in a need for new systems or substantial alterations to the following: 3. Transmission lines? '17. HUMAN HEALTH: a. Creation of any health hazard or potential health hazard? b. Exposure of people to any existing health hazards? 18. AESTHETICS: a. Obstruction of any scenic vista or view open to the public, or create an aesthetically offensive site open to public view? 19. RECREATION: a. Impact upon the quality or quantity of existing recreational opportunities? 20. CULTURAL RESOURCES: a. Alteration or destruction of a prehistoric or historic archaeological site? b. Adverse physical or aesthetic effects to a prehistoric or historic building or structure? c. Cause a physical change that would [~ [~ effect the unique ethnic cultural values? DISCUSSION OF :POTENTIAL! :iENVIRONMENTAE!IMPACTS :. : ' · : : ::: ': : : : · .:: :. ::i · :: :"::: '' ;' ' 'i: :. : '. ': 'SUGGESTED MITIGATION: MEASURES.-.':' i . DISCUSSION OF POTENTIAL IMPACTS: It is not anticipated that the proposed rezoning of the subject "C-N" zoned parcels to the "C-1" (Light Commercial) zoning classification would have an adverse effect on the environment for the following reasons: ao co The majority of the parcels are fully developed with commercial land uses allowed or permitted in the "C-1" zoning district. The few vacant parcels are situated within the urban commercial core of the City, have generally been disturbed and/or prepared for development, are devoid of sensitive environmental habitats, are served by major or minor collector streets, and all infrastructure is available to serve them. Both the "C-1" and "C-N" zoning districts are commercial classifications that allow or permit certain commercial land uses. While the "C-1" district is less restrictive than the "C-N" in terms of development standards and the types of allowed and permitted uses, it is more appropriate in terms of both land use patterning and environmental quality, because the parcels are situated within a main commercial corridor on collector streets, rather than within or in close proximity to residential neighborhoods and residential streets. At the time the existing commercial land uses were established, the "C-N" zoning district was extremely similar to the "C-1" district, in terms of allowed and permitted land uses, and development standards. Because of forthcoming revisions to the "C-N" zoning district to make it truely "neighborhood commercial," the rezoning of these properties to the "C-1" classification is logical. From an environmental impact perspective, the rezoning would not significantly change the opportunities for the type and intensity of commercial development from that which has existed during the evolution of develoment on the subject parcels. a 3~ DISCUSSION OF POTENTIAL CUMULATIVE IMPACTS: It is not anticipated that the project will have adverse cumulative impacts on the environmental, because "C-1" type commercial development is already existing on the majority of the subject parcels, and has been assumed to eventually occur on the vacant parcels in both the old and revised the City General Plan, as well as in their associated environmental documents. CONCLUSIONS: After careful review and analysis, staff is able to conclude that the proposed rezoning of the 49 parcels from "C-N" to "C-1" will not have a significant adverse impact upon the environment. 10 . MANDATORY FINDINGS OF SIGNIFICANCE: ae Potential to degrade: Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal species, or eliminate important examples of the major periods of California history or prehistory? YES [~ NO b. Short Term: Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environments one which occurs in a relatively, brief, definitive period of time. Long-term impacts will endure well into the future). YES [~ NO Cumulative: Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect on the total of those impacts on the environment is significant). YES [~ NO d. Substantially Adverse: Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? YES [~ NO 11 5. DETERMi~IATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described within the initial study have will be incorporated into the design of the project or required by the City of Ukiah. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT shall be required. Senior Planner/Environmental Coordinator Title Charles Stump Print Name Date 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING 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 49 parcels in the C-N to C-1 Rezoning Area of the community generally situated along Orchard Avenue from Ford Street to Gobbi Street, and along Gobbi Street between Orchard Avenue and the NWP railroad tracks. The project also involves the parcels comprising the Pear Tree Shopping Center. The project area is depicted on page 3 of Exhibit "A." The listing of the specific parcels involved in this rezoning action is attached as Exhibit "A." SECTION TWO 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 assigned the most reasonable and appropriate zoning classification to the subject parcels, and to conform to the provisions of the Ukiah General Plan, adopted on December 6, 1995. This ordinance shall become effective thirty (30) days after adoption. Introduced by title only on , by the following roll call vote: SECTION FOUR AYES: NOES: ABSENT: ABSTAIN: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Passed and adopted on AYES: NOES: ABSENT: ABSTAIN: ATTEST: Colleen Henderson, City Clerk , by the following role call vote: Sheridan Malone, Mayor EXHIBIT "A" C-N TO C-1 REZONING PROJECT (96-48) AP Number Location Existing Land Use (1) 2-030-6 North of Mervyn's Vacant (2) 2-193-15 400 East Perkins St. Vacant (3) 2-193-45 404 East Perkins St. Mendocino Steak & Salad Restaurant (4) 2-200-39 Orchard Avenue and J.C. Penny's Department Store Hospital Drive and other shops/retail stores (5) 2-247-1 605 East Perkins St Chevron Station (6) 2-247-2 Perkins & Orchard Denny's Restaurant (7) 2-247-3 Orchard Plaza Shopping Center (8) 2-247-4 Orchard Plaza Shopping Center (9) 2-247-5 Orchard Plaza Shopping Center (10) 2-247-6 Orchard Plaza Shopping Center (11) 2-247-7 Orchard Plaza Shopping Center (12) 2-290-48 640 Orchard Avenue Holy Trinity Church (13) 2-290-51 540 Orchard Avenue Dept Motor Vehicles (14) 2-312-9 350 East Gobbi St Professional Offices (15) 2-312-10 376 East Gobbi St Professional Offices (16) 2-312-11 Leslie & Gobbi St Convenience Store (17) 2-312-12 300 East Gobbi St Professional Offices (ptn) (18) 2-320-4 648-652 Orchard Ave Single Family Residence (2?) (19) 2-320-28 696 Orchard Avenue Single Family Residence (20) 2-320-30 654-656 Orchard Ave Acorn Realty Company (21) 2-320-31 668 Orchard Avenue Montessori School/Happy Tails Dog Grooming (22) 2-320-32 676 Orchard Avenue Hometown Shopper (23) 2-320-35 490 East Gobbi Street Single Family Residence (24) 2-320-37, 38 400 East Gobbi Street Professional Offices (25) 2-340-24 Orchard & Peach St. Vacant NOTE: Bold numbers correspond with numbers on attached map EXHIBIT "A" - Page t of 3 (26) 2-340-25 425 Orchard Avenue Agricultural Service Center (27) 2-340-26 427 Orchard Avenue Kings Office Supply (vacant) (28) 2-340-27 620-630 Kings Court PIC / Professional Offices (29) 2-340-28 655 Kings Court Professional Offices (30) 2-340-29 625 Kings Court Professional Offices (31) 2-340-30 601 Kings Court CA State Auto Assoc (32) 2-340-31 545 Orchard Avenue Vacant (33) 2-340-34 No address Vacant (Future Post Office) (34) 2-340-38 551 Orchard Avenue First American Title (35) 2-340-39 Behind 2-340-38 Vacant (36) 2-340-42 631 Orchard Avenue Blue Shield Building (1) (37) 2-340-43 631 Orchard Avenue Blue Shield Building (2) (38) 2-340-44 No address Vacant (39) 2-370-25 Orchard & Hospital Dr Mervyns Department Store (40) 3-581-22 237 East Gobbi Street RCHDC Offices (41) 3-581-29 Waugh & Gobbi Kelly Moore Paint Co. (42) 3-582-1 455 East Gobbi Street Professional Offices (43) 3-582-4 (ptn) Gobbi & Orchard Ave Vacant (44) 2-200-35 420 East Perkins St. Savings Bank (45) 2-200-36 410 East Perkins St. Wendy's Restaurant (46) 2-242-17 Orchard Avenue & Beacon Gas Station Perkins Street (SW) (47) 2-200-29, 30 Orchard Avenue & Pear Tree Shopping Center Perkins Street EXHIBIT "A" - Page 2 of 3 C.N.:.TO:'c_I:::REZONiNG PROJECT (96'48)! :::::::::::::::::::::: ~? /o EXHIBIT "A" - Page 3 of 3 CITY OF UKIAH PLANNING REPORT AGENDA ITEM: DATE: DATE: December 11, 1996 TO: City of Ukiah Planning Commission FROM: City of Ukiah Planning Department SUBJECT: CN to C1 Rezoning Project (96-48) APPLICANT: City of Ukiah PROJECT SUMMARY: This proposed rezoning project involves changing the zoning on a number of parcels from "C-N" (Neighborhood Commercial) to "C-1" (Light Commercial). Subsequent to the City Council's recent adoption of an ordinance revising the provisions of the "C-N" zoning making it a tFuly Neighborhood Commercial district, it became apparent that the parcels currently zoned "C-N" do not reflect the spirit and intent or fulfill the criteria for the district. Accordingly, this rezoning action is intended to assign the proper zoning classification to these parcels. 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 parcels are generally situated along Orchard Avenue from Ford Street to Gobbi Street, and along Gobbi Street between Orchard Avenue and the NWP railroad tracks. The project also involves the parcels comprising the Pear Tree Shopping Center. DEPARTMENT RECOMMENDATION: The Planning Department recommends that the Planning Commission recommend City Council APPROVAL of the Negative Declaration and rezonings and ADOPTION of the ordinance amending the City Zoning Map. ENVIRONMENTAL DOCUMENTATION: The City of Ukiah as lead agency has determined that no significant environmental effects are associated with the project, and has prepared a Negative Declaration. GENERAL PLAN DESIGNATION: "C" (Commercial). ZONING DISTRICTS: "C-N" (Neighborhood Commercial) and "C-1" (Light Commercial). PROJECT DESCRIPTION: The proposed project involves the rezoning of 49 parcels from the "C-N" (Neighborhood Commercial) zoning classification to the "C-1" (Light Commercial) zoning classification. The purpose of the project is to make the zoning of these properties conform to their actual use. Specifically, the existing commercial uses on the parcels are consistent with the C-1 classification, and do not fulfill the purpose and intent of the C-N classification. The existing commercial uses are not representative of the allowed or permitted land uses listed for the Neighborhood Commercial zoning district, nor do they, in many cases, comply with the development standards for the C-N district. STAFF ANALYSIS: Staff has analyzed the proposed rezoning project and has concluded that the C-1 zoning district is most appropriate for the subject parcels. The analysis consisted of ascertaining the locations of the subject properties, determining the existing land uses on the parcels, conducting a General Plan compliance review, and comparing the allowed and permitted uses, and development standards of the C-1 and C-N districts to the existing land uses. The following table lists the subject parcels, their locations, and existing land uses. Each parcel is assigned a number, which corresponds to the numbered parcels depicted on the map on page 4 of this Planning Report. 1. Location and Existing Land Uses AP Number Location Existing Land Use (1) 2-030-6 North of Mervyn's Vacant (2) 2-193-15 400 East Perkins St. Vacant (3) 2-193-45 404 East Perkins St. Mendocino Steak & Salad Restaurant (4) 2-200-39 Orchard Avenue and J.C. Penny's Department Store and other retail Hospital Drive stores (5) 2-247-1 605 East Perkins St Chevron Station (6) 2-247-2 Perkins & Orchard Denny's Restaurant (7) 2-247-3 Orchard Plaza Shopping Center (8) 2-247-4 Orchard Plaza Shopping Center (9) 2-247-5 Orchard Plaza Shopping Center (10) 2-247-6 Orchard Plaza Shopping Center (11) 2-247-7 Orchard Plaza Shopping Center (12) 2-290-48 640 Orchard Avenue Holy Trinity Church (13) 2-290-51 540 Orchard Avenue Dept Motor Vehicles (14) 2-312-9 350 East Gobbi St Professional Offices (15) 2-312-10 376 East Gobbi St Professional Offices (16) 2-312-11 Leslie & Gobbi St Convenience Store (17) 2-312-12 300 East Gobbi St Professional Offices (ptn) (18) 2-320-4 648-652 Orchard Ave Single Family Residence (2?) (19) 2-320-28 696 Orchard Avenue Single Family Residence (20) 2-320-30 654-656 Orchard Ave Acorn Realty Company (21) 2-320-31 668 Orchard Avenue Montessori School/Happy Tails Dog Grooming (22) 2-320-32 676 Orchard Avenue Hometown Shopper (23) 2-320-35 490 East Gobbi Street Single Family Residence (24) 2-320-37, 38 400 East Gobbi Street Professional Offices (25) 2-340-24 Orchard & Peach St. Vacant (28) 2-340-25 425 Orchard Avenue Agricultural Service Center (27) 2-340-26 427 Orchard Avenue Kings Office Supply (vacant) (28) 2-340-27 620-630 Kings Court PIC / Professional Offices (29) 2-340-28 655 Kings Court Professional Offices (30) 2-340-29 625 Kings Court Professional Offices (31) 2-340-30 601 Kings Court CA State Auto Assoc (32) 2-340-31 545 Orchard Avenue Vacant (33) 2-340-34 No address Vacant (Future Post Office) (34) 2-340-38 551 Orchard Avenue First American Title (35) 2-340-39 Behind 2-340-38 Vacant (35) 2-340-42 631 Orchard Avenue Blue Shield Building (1) (37) 2-340-43 631 Orchard Avenue Blue Shield Building (2) (38) 2-340-44 No address Vacant (39) 2-370-25 Orchard & Hospital Dr Mervyns Department Store (40) 3-581-22 237 East Gobbi Street RCHDC Offices (41) 3-581-29 Waugh & Gobbi Kelly Moore Paint Co. (42) 3-582-1 455 East Gobbi Street Professional Offices (43) 3-582-4 (ptn) Gobbi & Orchard Ave Vacant (44) 2-200-35 420 East Perkins St. Savings Bank (45) 2-200-36 410 East Perkins St. Wendy's Restaurant (46) 2-242-17 Orchard Avenue & Beacon Gas Station Perkins Street (SW) (47) 2-200-29, 30 Orchard Avenue & Pear Tree Shopping Center Perkins Street ~? Staff is able to conclude that the majority of the existing parcels zoned C-N are located along major arterial and collector streets, and are developed with the types of commercial land uses typical of the C-1 zoning district. 2. General Plan Compliance All of the proposed parcels are designated as "C" (Commercial) in the Ukiah General Plan, and both the C-N and C-1 zoning classifications are consistent with this land use designation. A key circulation strategy in the General Plan involves the establishment of High Intensity Development Corridors along a number of major arterial and collector streets within the City, including Orchard Avenue. These corridors are intended, in part, to accommodate higher intensity development to facilitate the use of alternative transportation. Additionally, the corridors are intended to provide development opportunities for higher noise producing land uses, and associated noise contributors such as the noise produced from automobiles, trucks, buses, and large groups of people. The C-1 zoning classification is more appropriate than the C-N for these corridors, because it is intended, and provides opportunities for high intensity commercial land uses. Staff is able to conclude that in terms of the Ukiah General Plan, the C-1 zoning district is the appropriate zoning for the subject properties. 3. Allowed and Permitted Land Uses in the "C-1" and "C-N" Districts The C-1 zoning district is intended to provide opportunities for a broad range of commercial land uses in the primary commercial corridors of the City. The C-N zoning district is intended to provide Iow intensity commercial services, such as medical offices, small retail stores, and personal services to an adjacent and integrated residential community. Compared to the C-1 district, the C-N is very restrictive, and does not allow or permit the high intensity commercial land uses that are already existing on many of the subject parcels. Accordingly, staff is able to conclude that in terms of allowed and permitted uses, the C-1 zoning district is the appropriate zoning for the subject parcels. 4. Development Standards in the "C-1" and "C-N" Districts The table below provides an illustrated comparison of the C-1 and C-N development standards: DEVELOPMENT STANDARD Height Front Yard Setback "C-1" DISTRICT 50 Feet None on interior parcels; 10 feet on corner parcels "C-N" DISTRICT 30 feet 5 feet / 10 on both sides of a corner lot Side Yard Setback Rear Yard Setback Floor Area Ratio None, except if abutting an R1, R2, or R3 parcel - then equal to adjoining zone None, except if abutting an R1, R2, or R3 parcel - then equal to adjoining zone None 5 feet for single story buildings and 10 feet for two-story buildings 10 feet 30% for commercial developments The "C-1" zoning district development standards are less restrictive than those for the "C-1" district. They are intended to encourage and provide more flexibility for higher intensity commercial land uses. Accordingly, the development standards for the C-1 zoning distdct are more appropriate for the subject parcels, because of the nature of existing commercial land uses, as well as their current siting and layout. CONCLUSIONS: The newly adopted provisions for the C-N zoning district make it truly neighborhood serving commercial by restricting allowed and permitted land uses, and providing residential type development standards. As a result of these major changes in the C-N text, the parcels currently zoned C-N become inconsistent with the spirit and intent of the district. Moreover, many of the existing developed parcels in the C-N now have non-conforming land uses and buildings, which inhibits their ability to expand, evolve, and function as they have in the past. Alternatively, the uses comply with the purpose and intent, allowed and permitted uses, and development standards of the C-1 district, Finally, staff is able to conclude that the C-1 zoning district is the most appropriate zoning for the subject parcels in terms of the goals and policies of the newly adopted General Plan, because of their existing development, and locations along identified High Intensity Development Corridors. ATTACHMENTS: 1. Initial Study/Negative Declaration 2. Draft CEQA Resolution 3. Draft Ordinance Amending the City Zoning Map ACKN~:)~LEDGMENTS~ The fo,~l~wing personnel prepared and reviewed this Planning Report, · Bob Sawyer, Pla~ing Director 6 Side Yard Setback Rear Yard Setback Floor Area Ratio None, except if abutting an R1, R2, or R3 parcel - then equal to adjoining zone None, except if abutting an R1, R2, or R3 parcel - then equal to adjoining zone None 5 feet for single story buildings and 10 feet for two-story buildings 10 feet 30% for commercial developments The "C-1" zoning district development standards are less restrictive than those for the "C-1" district. They are intended to encourage and provide more flexibility for higher intensity commercial land uses. Accordingly, the development standards for the C-1 zoning district are more appropriate for the subject parcels, because of the nature of existing commercial land uses, as well as their current siting and layout. CONCLUSIONS: The newly adopted provisions for the C-N zoning district make it truly neighborhood serving commercial by restricting allowed and permitted land uses, and providing residential type development standards. As a result of these major changes in the C-N text, the parcels currently zoned C-N become inconsistent with the spirit and intent of the district. Moreover, many of the existing developed parcels in the C-N now have non-conforming land uses and buildings, which inhibits their ability to expand, evolve, and function as they have in the past. Alternatively, the uses comply with the purpose and intent, allowed and permitted uses, and development standards of the C-1 district, Finally, staff is able to conclude that the C-1 zoning district is the most appropriate zoning for the subject parcels in terms of the goals and policies of the newly adopted General Plan, because of their existing development, and locations along identified High Intensity Development Corridors. ATTACHMENTS: 1. Initial Study/Negative Declaration 2. Draft CEQA Resolution 3. Draft Ordinance Amending the City Zoning Map AC KN~::)~/LE DGMENTS~ The fo,~wing · Bob Sawyer, Pla~/~;~ting ~ personnel prepared and reviewed this Planning Report, MINUTES CITY OF UKIAH PLANNING COMMISSION December 11, 1996 MEMBERS PRESENT Edc Larson John McCowen Jennifer Puser Judy Pruden, Chairperson OTHERS PRESENT Chris Fetzer MEMBERS ABSENT None STAFF PRESENT Charles Stump, Senior Planner Dave Lohse, Associate Planner Melody Harris, Recording Secretary The regular meeting of the City of Ukiah Planning Commission was called to order by Chairperson, Judy Pruden, at 7:02 p.m. in the Council Chambers of the Civic Center, 300 Seminary Avenue, Ukiah, California. Roll was taken with the results listed above. SITE VISIT VERIFICATION Due to the quasi-legislative nature of this project, site visits were not required. APPROVAL OF MINUTES -October 23, 1996 & November 13, 1996 ON A MOTION BY Commissioner McCowen, Seconded by Commissioner Puser, it was carded by an all aye voice vote to approve as amended the minutes of October 23, 1996 and November 13, 1996: Minutes of October 2~, 1996 Commissioner McCowen corrected Page 2, Paragraph 5 to read '...Conditions of Approval #1-21..."; amended Page 7, Paragraph 4 to reverse the 2nd and 3rd clauses for better clarity; Page 11, Paragraph 1 to read, '...questioning the recommendation of R-2 on one side of the street, C-2 for one parcel, and the retention of "M" (Manufacturing) on the east side of the atreet.'; Page 17, Paragraph 2 to correct 'bike path" to read 'flight path'; Page 21, Paragraph 6 to read, '... except for Item F which listed...'; Page 21, Paragraph 11 replace the word "laundermat" for 'laundry-mat"; and Page 22, Paragraph 7 to read, '...regarding building height limits of 30 feet in R-1 and an average in the proposed C-N which seem to be more restricted.' Commissioner Lareon corrected Page 2, Paragraph 8,2nd Sentence to replace the word 'sight' with "aPe"; and corrected all uses of the word 'heliport" on Pages 4-6 to read 'helipad'; Page 8, Paragraph 2, 1st Sentence was corrected to read, '...at the southwest comer of the parcel.' Chairpereon Pruden corrected Page 11, Paragraph 7, 3rd Sentence to mad, 'She further objects because thia makes this a transitional neighborhood.'; and to the end of the last sentence added, 'of commercial zoning'; Page 18, Paragraph 5 to read, '...three parcels at the back half of the recently regraded strip.'; and Page 20, Paragraphs 9 and 11 were amended replacing 'commercial store(s)' with 'convenience store(s)". Minutes of Novemb,;r 13. 1996 Commissioner McCowen corrected Page 2, Paragraph 2 to read, '...will be conducted during the Planning Director reports.' ( COMMENTS FROM THE AUDIENCE ON NON-AGENDA ITEMS · . No one came forward. MINUTES OF THE PLANNING COMMISSION Page 1 December 11, 1996 APPEAL PROCESS Chairperson Pruden read the appeal process to the audience. For matters heard at this meeting, the final date for appeal is December 23, 1996. PUBLIC HEARINGS 8A. Rezoning Application 96-48, as filed by the City Planning Department to rezone 49 parcels from "C-N" (Neighborhood Commercial) to "C-1" (Light Commercial). The purpose of this rezoning project is to assign the appropriate zoning classification to these commercially developed parcels. The provisions of the "C-N" zoning classification were recently amended to make it a truly "Neighborhood Commercial" zoning district, and more restrictive in terms of allowed and permitted uses, as well as the density and intensity of development. The parcels are generally situated along Orchard Avenue from Ford Street to Gobbi Street, and along Gobbi Street between Orchard Avenue and the NWP railroad tracks. The project also involves the parcels comprising the Pear Tree Shopping Center. Senior Planner, Charley Stump described the project and referenced the wdtten Staff Report. He noted this item is a result of the recent action by the City Council to formally amend the text for the Neighborhood-Commercial Zoning District, which now requires the rezoning of these 49 parcels to "C-1" to bring them into conformance to a zoning district that is reflective of their use. Planning Staff advises recommendation for approval of the Negative Declaration and adoption of the Ordinance by City Council for the proposed rezoning changes from C-N to C-1, and amendment of the City Zoning Map. Commissioner McCowen advised he would be recusing himself from taking action on the parcels located along the Gobbi Street corridor, due to a possible conflict of interest. These parcels were identified in the Staff Report as #14, 15, 16, 17, 23, 24, 40, 41, 42, and 43. The Planning Commission agreed to take separate action on the Gobbi Street parcels to accommodate Commissioner McCowen's request to recuse himself. Commissioner McCowen left the meeting at this time. PUBLIC HEARING OPENED: 7:21 P.M. No one came forward. PUBLIC HEARING CLOSED: 7:22 P.M. Chairperson Pruden invited discussion among the Commission on Parcels #14, 15, 16, 17, 23, 24, 40, 41,42, and 43. It was determined the Commission was in consensus for support of Staff recommendation on these parcels. ON A MOTION BY Commissioner Larson, Seconded by Commissioner Puser, it was approved by the following roll call vote to recommend approval by the City Council of the Negative Declaration for Rezoning Project No. 96- 48: AYES: NOES: ABSTAIN: ABSENT: Commissioners Larson, Puser, and Chairperson Pruden None None Commissioner McCowen MINUTES OF THE PLANNING COMMISSION Page 2 December 11, 1996 APPEAL PROCESS Chairperson Pruden read the appeal process to the audience. For matters heard at this meeting, the final date for appeal is December 23, 1996. PUBLIC HEARINGS 8A. Rezoning Application 96-48, as filed by the City Planning Department to rezone 49 parcels from "C-N" (Neighborhood Commercial) to "C-1" (Light Commercial). The purpose of this rezoning project is to assign the appropriate zonin[~ classification to these commercially developed parcels. The provisions of the "C-N" zoning classification were recently amended to make it a truly "Neighborhood Commercial" zoning district, and more restrictive in terms of allowed and permitted uses, as well as the density and intensity of development. The parcels are generally situated along Orchard Avenue from Ford Street to Gobbi Street, and along Gobbi Street between Orchard Avenue and the NWP railroad tracks. The project also involves the parcels comprising the Pear Tree Shopping Center. Senior Planner, Charley Stump described the project and referenced the wdtten Staff Report. He noted this item is a result of the recent action by the City Council to formally amend the text for the Neighborhood-Commercial Zoning District, which now requires the rezoning of these 49 parcels to "C-1" to bring them into conformance to a zoning district that is reflective of their use. Planning Staff advises recommendation for approval of the Negative Declaration and adoption of the Ordinance by City Council for the proposed rezoning changes from C-N to C-1, and amendment of the City Zoning Map. Commissioner McCowen advised he would be recusing himself from taking action on the parcels located along the Gobbi Street corridor, due to a possible conflict of interest. These parcels were identified in the Staff Report as #14, 15, 16, 17, 23, 24, 40, 41, 42, and 43. The Planning Commission agreed to take separate action on the Gobbi Street parcels to accommodate Commissioner McCowen's request to recuse himself. Commissioner McCowen left the meeting at this time. PUBLIC HEARING OPENED: 7:21 P.M. No one came forward. PUBLIC HEARING CLOSED: 7:22 P.M. Chairperson Pruden invited discussion among the Commission on Parcels #14, 15, 16, 17, 23, 24, 40, 41, 42, and 43. It was determined the Commission was in consensus for support of Staff recommendation on these parcels. ON A MOTION BY (~ommissioner Larson, Seconded by Commissioner Puser, it was approved by the following roll call vote to recommend approval by the City Council of the Negative Declaration for Rezoning Project No. 96- 48: AYES: NOES: ABSTAIN: ABSENT: Commissioners Larson, Puser, and Chairperson Pruden None None Commissioner McCowen MINUTES OF THE PLANNING COMMISSION Page 2 December 11, 1996 ON A MOTION BY Commissioner Larson, Seconded by Commissioner Puser, it was carried by the following roll call vote to recommend approval by the City Council of the proposed rezonings and adoption of the Ordinance amending the City Zoning Map for Parcel Nos. 14, 15, 16, 17, 23, 24, 40, 41, 42, and 43, as denoted in the Staff Report for Rezoning Project No. 96-48, from C-N to C-1: AYES: NOES: ABSTAIN: ABSENT: Commissioners Larson, Puser, and Chairperson Pruden None None Commissioner McCowen Commissioner McCowen rejoined the Commission after the vote. ON A MOTION BY Commissioner Puser, Seconded by Commissioner Larson, it was carried by the following roll call vote to recommend approval by the City Council of the proposed rezonings from C-N to C-1 and adoption of the Ordinance amending the City Zoning Map for the remainder of the 49 parcels, as denoted in the Staff Report for Rezoning Project No. 96-48: AYES: NOES: ABSTAIN: ABSENT: Commissioners Larson, McCowen, Puser, and Chairperson Pruden None None None PLANNING DIRECTOR REPORTS - City Council and Redevelopment Agency Actions - Future Planning Commission Agenda Items - Status Reports Senior Planner, Charley Stump reminded the Commission that the next regularly scheduled Planning Commission meeting would fall on December 25, 1996. He recommended the cancellation of this meeting due to the Christmas holiday. Mr. Stump noted Staff did not agendize the previously recommended joint City Council - Planning Commission meeting in order to wait for the final council appointment and a full Planning Commission. PLANNING COMMISSION REPORTS Commissioner McCowen expressed his appreciation for the condensed minutes prepared for the November 13, 1996 meeting. He noted that the Conditions of Approval were still included in the October 23, 1996 minutes and requested that only those Conditions added, corrected or deleted by the Planning Commission be included in the minutes, with reference to the Staff Report. Mr. Stump agreed with Commissioner McCowen's suggestion and stated the complete Conditions of Approval would not be reiterated in the minutes, but referenced in the Staff Report, with any changes to the proposed Conditions of Approval by the Planning Commission duly noted in the corresponding motion, and articulated in the Minutes. Commissioner Larson read an excerpt from K.C. Meadows' "Commerce File" news column, dated 12/11/96, which expressed her preference for the retention of more detailed Planning Commission minutes. ON A MOTION BY Commissioner Larson, Seconded by Commissioner McCowen, it was carried by an all aye voice vote to cancel the December 25, 1996 Planning Commission meeting. MINUTES OF THE PLANNING COMMISSION Page 3 December 11, 1996 ADJOURNMENT There being no further business, the meeting was adjourned at 7:30 p.m. Judy Pruden, Chairperson Melody Harris, Recording Secretary 2:~:~ninutesH 21196. pc MINUTES OF THE PLANNING COMMISSION Page 4 December 11, 1996 ADJOURNMENT There being no further business, the meeting was adjourned at 7:30 p.m. Judy Pruden, Chairperson Melody Harris, Recording Secretary 2:~ocmlnutes~121196.pc MINUTES OF THE PLANNING COMMISSION Page 4 December 11, 1996 ITEM NO. 8b DATE: lanuary 15, 1997 AGENDA SUMMA,RY REPORT SUBJECT: ADOPTION OF RESOLUTION ESTABLISHING CAPITAL IMPROVEMENT FEES TO BE IMPOSED ON DEVELOPMENT WITHIN THE AIRPORT INDUSTRIAL PARK SUMMARY: Submitted for the City Council's consideration is an Engineering Report (Attachment 2) for the establishment of Capital Improvement Fees to be imposed on development within the Airport Industrial Park (ALP.) The report identifies off-site improvements which are needed to mitigate impacts created by project traffic generated by development within the AlP. The capital improvement fee (CIF) report was prepared in accordance with the City of Ukiah Municipal Code, Division 9, Chapter 5, Article 2, Sections 9542 through 9544, included as Attachment 3. Several environmental documents and traffic reports have been prepared to Continued on Page 2 RECOMMENDED ACTION: 1. Approve the Engineering Report and adopt the resolution establishing capital improvement fees to be imposed on development within the Airport Industrial Park. ALTERNATIVE COUNCIL POLICY OPTIONS: Not adopt the resolution establishing capital improvement fees and return to staff for development of alternative measures. 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 En/~ipeer Prepared by: Rick Seanor, Deputy Director of Public Works Coordinated with: Candace Horsley, City Manager Rick Kennedy, Director of Public Works/City Engineer Attachments: 1. Resolution for adoption 2. Engineering Report 3. Excerpt from Municipal Code 4. W-Trans Airport/Redwood Business Park- Additional Traffic Analysis 5. Excerpt entitled Revised Traffic Study from the Final Subsequent EIR APPROVE D.~ ~ Canda~'--~e Hors'l~y, Cit~//V~anager RJS:AGCAPFEE.SUM Page 2 Adoption of Resolution Establishing Capital Improvement Fees to Be Imposed on Development Within the Airport Industrial Park January 15, 1997 address mitigations that will result from the proposed build-out of the AlP. The Draft Environmental Impact Report (EIR), Redwood Business Park, dated February 1995, prepared by Leonard Charles & Associates, was the first report to address traffic issues related to the development within the major portion of the AlP excluding the Walmart project. The Draft Subsequent EIR, Airport Business Park, dated March 1995, prepared by Leonard Charles & Associates addressed traffic issues related to the Airport Business Park which includes lot numbers 28, 29, 30, 31, and 32. The Final Subsequent EIR, Airport Business Park and Redwood Business Park, dated July 1995, prepared by Leonard Charles & Associates is a summary of the two aforementioned EIR's. This Final Subsequent EIR contains the Revised Traffic Study which was the basis of the CIF report presented at the September 18, 1996 City Council meeting. Because of issues raised by Mr. Gary Akerstrom, developer of the Redwood Business Park, an outside review of the Final Subsequent EIR Revised Traffic Study was performed. The City selected Whitlock and Weinberger, Inc. (W-Trans) for an independent review of the EIR Revised Traffic Study. W-Trans prepared the Airport/Redwood Business Park EIR Independent Traffic Analysis dated March 6, 1996. In summary, this report confirmed the conclusions of the Final Subsequent EIR Revised Traffic Study. The W-Trans Independent Traffic Analysis used the LOS methodologies identified in the updated 1994 Highway Capacity Manual. This methodology is essentially based on traffic delay. The Final Subsequent EIR Revised Traffic Study was based on the Intersection Capacity Utilization methodology. The day prior to the City Council meeting of September 18, 1996, Mr. Gary Akerstrom, Redwood Business Park, and Mr. Kenneth Finney, Attorney for Redwood Business Park, met with City staff to discuss the traffic volumes used in the CIF report. Mr. Akerstrom disagreed with the traffic volumes and stated that he believed the volume of vehicles using Airport Park Boulevard and Commerce Drive as a "short cut" to the usual routes accounted for a significant portion of the total traffic volume. This type of movement is known as pass-through traffic. Staff obtained professional traffic engineering services from W-Trans to verify the amount of pass-through traffic. In addition staff requested W-Trans to calculate new traffic volumes based on the rezoning from industrial to auto parts/auto care/auto dealership/industrial of the 16.36 acres shown as lot numbers 26 and 27 on Attachment A of the CIF report. These lot numbers were rezoned by City Council action on October 30, 1996. The W-Trans analysis also recalculated the Levels of Service for the respective intersections based on the existing traffic plus project traffic volumes. Please refer to the W-Trans report dated December 13, 1996 (Attachment 4) which addresses these issues. In the analysis of the improvement fees staff utilized the most current data for the assignment of fees to respective land uses. This data is shown in Table IV, page 8, of Attachment 4. As identified in the Revised Traffic Study presented in the Final Subsequent Environmental Impact Page 3 Adoption of Resolution Establishing Capital Improvement Fees to Be Imposed on Development Within the Airport Industrial Park January 15, 1997 Report (SEIR) for the Redwood Business Park and the Airport Business Park (Attachment 5), off- site intersection improvements will be needed at the South State Street and Washington Avenue/Hastings Avenue and the Talmage Road and Airport Park Boulevard intersections by reason of the projected AlP project traffic. In addition, widening of the north side of Talmage Road immediately west of the southbound US 101 exit ramp is needed to provide a protected right turn for traffic turning west onto Talmage Road. This last mentioned improvement is an alternative to the signalization of the southbound US 101 exit ramp as recommended by the consultant firm of W-Trans. The SEIR recommends improving the US 101 Northbound and Southbound exit ramps. These improvements have not been included in the construction cost estimates for the CIF report. Staff does not believe work on these ramps will be warranted within the projected 5-year build out of the AlP. If warranted City staff will propose an assessment district to obtain funds necessary to construct improvements to the ramps. Staff is of the opinion that construction of the US Highway 101 ramp improvements would be at a high cost that would unduly impact the AlP with little benefit to the overall improvement of traffic flow in the area. The estimated cost of improvements to the US 101 Northbound and US 101 Southbound exit ramps, including signalization, is $458,420.00 (in 1997 dollars). The CIF report identifies improvement fees per acre based on the land use and corresponding traffic generation indicated in the W-Trans, Airport/Redwood Business Park - Additional Traffic Analysis dated December 13, 1996. The fees per acre of developable land based on proposed land use are as follows: Restaurant $22,894.06; Office/Retail $9,039.01; Retail $22,683.70; Wal- Mart Expansion $21,772.54; Industrial $3,153.26; Auto Dealership $9,792.85; and Auto Parts/Auto Care $14,890.50. The fees identified in this CIF report will be charged upon and paid prior to the issuance of any building permit for all new development within the AlP. The Friedman Brothers Store has entered into a prior agreement with the City and therefore is the only existing development which will be assessed the fees indicated in this CIF report. Attachment "K" of the CIF report indicates that Talmage Professional Center, Talmage Office Park, North Cai Wood Products, Redwood Coast Regional Center, Walmart store (existing), and US Geological Survey will not be assessed capital improvement fees because the traffic volumes generated by these developments are components of the existing traffic volumes. In preparing the CIF report, staff utilized projected traffic volumes from the W-Trans, Airport/Redwood Business Park - Additional Traffic Analysis dated December 1 3, 1996. Traffic volumes for the PM Peak Hour for each of the seven land uses were divided by the total PM Peak Hour traffic volume to obtain a percentage of the total traffic volume per land use. This Page 4 Adoption of Resolution Establishing Capital Improvement Fees to Be Imposed on Development Within the Airport Industrial Park January 15, 1997 percentage was then multiplied by the total improvement cost to obtain the required improvement cost per land use. Please refer to Attachment "1" of the CIF report for a comparison of the required capital improvement fees per land use. Staff then established a per acre fee for each of the seven land use categories and prepared a spreadsheet which represents the total fee to be assessed to each parcel as it currently exists within the AlP. Please refer to Attachment "K" of the CIF report for a listing of the capital improvement fees to be assessed to each parcel within the Airport Industrial Park. Staff recommends that the AlP developments fund the entire offsite capital improvements at the three locations identified in the CIF report. Since the three locations identified for improvements all operated with satisfactory level's of service under existing traffic prior to development of the AlP, staff does not recommend that existing development be required to pay for the improvements. In addition the improvements presented in the CIF report will not restore the level's of service at the three locations to the level's enjoyed prior to the addition of project traffic from the AlP. Please refer to Attachment "B" of the CIF report for a comparison of the level's of service. Also please note pages 12 and 13 of the Attachment "4" which indicate the level's of service after construction of the proposed improvements Public notice for the CIF report and resolution was printed in the Ukiah Daily Journal on January 5, 1997. In addition, staff mailed copies of the public notice to all AlP property owners on January 3, 1997. SUMMARY With the adoption of the attached resolution, the City will financially be able to construct public works improvements required as a result of the build-out of the AlP. The improvement projects as identified will enable the orderly movement of traffic into and out of the AlP, when fully developed, and will mitigate the impacts to the existing infrastructure. Without some means to set aside funds for these improvements, it is unlikely that the City will ever afford the traffic system mitigations necessary because of the development of the AlP. If this were the case, the unfortunate losers would be the public, the AlP employees, the AlP developments, and the City. The three locations discussed in the CIF report would most likely see an increased level of driver frustration resulting in a greater vehicle accident rate. 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 9.7 28 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING THE AIRPORT INDUSTRIAL PARK CAPITAL IMPROVEMENT FEES WITHIN THE CITY OF UKIAH WHEREAS, the Ukiah City Council has adopted Ordinance No. 882 creating and establishing the authority for imposing and charging off-site capital improvement fees within the City of Ukiah; and WHEREAS, a Subsequent Environmental Impact Report (SEIR) entitled "Redwood Business Park and Airport Business Park Final Subsequent EIR" was prepared by Leonard Charles and Associates which identified and assessed the impacts that would result from the buildout of the Airport Industrial Park (AIP); and WHEREAS, the Engineering Report for the Establishment of Airport Industrial Park Capital Improvement Fees (hereinafter "Report") has examined the impact of contemplated future development on existing public facilities identified in the Report along with an analysis of the need for new public facilities and improvements required by this new development. The Report sets forth the relationship between new development in this study area, the needed facilities, and the estimated costs of those improvements. The Report was prepared by the Public Works Department of the City of Ukiah, is dated January 3, 1997, and is attached herein and incorporated herein by this reference as Exhibit "A". WHEREAS, the Report was available for public inspection and review ten (10) days prior to the public hearing on this resolution; and WltEREAS, the City Council finds as follows: a. The purpose of these fees is to finance off-site capital improvements as described in the Report in order to reduce the impacts of increased vehicle and pedestrian traffic caused by new development within the Airport Industrial Park 1 2 3 ,i 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 23 25 26 27 28 be Ce do e. fo which is identified and described in the map of the study area, attached hereto as Attachment "A" of Exhibit "A" and incorporated herein by reference. The capital improvement fees collected pursuant to this resolution shall be used to finance only the public facilities described or identified in Exhibit "A", attached herein. After considering the Report and the testimony received at the public hearing, the Council approves the Report, and incorporates such herein, and further finds that the new development in the area identified in Attachment "A" will generate additional vehicle and pedestrian traffic and require the identified off-site capital improvements. New development in the Airport Industrial Park has or will create the need for off-site capital improvements to service project traffic generated by the development with the Airport Industrial Park. The facts and evidence presented establish that there is a reasonable relationship between the need for the described public facilities and the impacts of the types of land use for which fees are established in Paragraph 2 below, for which the corresponding fee is charged. There is a reasonable relationship between the fee' s use and the type of land use for which the fee is charged. The fee charged to each development bears a reasonable relationship to the need for the public improvement contributed by the development. All of these relationships are in more detail described in the Report. The cost estimates set forth in Exhibit "A" are reasonable cost estimates for constructing these facilities, and the fees expected to be generated by new development will not exceed the total of these costs. 1 2 3 5 6 7 8 9 10 11 19. 13 14 15 16 17 18 19 20 21 9.2 23 9.4 25 9.6 27 28 NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Ukiah that: o Airport Industrial Park Capital Improvement Fees shall be charged upon and paid prior to the issuance of any building permit for all new development in the Airport Industrial Park depicted and described on the map attached hereto as Attachment "A" of Exhibit "A" except as otherwise specifically provided in Ukiah City Code Section 9543. No certificate of occupancy or building permit, as appropriate, shall be issued until the required fees are paid. "Building Permit", "Final Inspections", and "Certificate of Occupancy", as used in this Section, have the same meaning as described in Sections 301, 305, and 307 of the Uniform Building Code, International Conference of Building Officials, 1985 Edition. 2. Fee. The fees for constructing the off-site capital improvements are identified on Attachment "I" of Exhibit "A". The fees per acre of developable land based on proposed land use are as follows: Restaurant $22,894.06; Office/Retail $9,039.01; Retail $22,683.70; Wal-Mart Expansion $21,772.54; Industrial $3,153.26; Auto Dealership $9,792.85; and Auto Parts/Auto Care $14,890.50. 3. Use of Fee. The fee shall be used solely to pay (1) for the described public facilities to be constructed by the City; (2) for reimbursing the City for the development's fair share of those capital improvements already constructed by the City; or (3) to reimburse other developers who have constructed public facilities described in Exhibit "A" attached hereto, where those facilities were beyond that needed to mitigate the impacts of the other developer's project or projects. 1 9_ 5 6 ? 8 9 10 11 19. 13 14 15 16 17 18 19 20 21 9.2 23 25 9.6 27 Fee Review. If any fees collected pursuant to this resolution remain unexpended five (5) years after collecting any such fees, the City shall review the fees if and as required by Government Code Section 66001(d) or any amendments thereto. If some, but not all, fees collected pursuant to this resolution are expended as authorized herein, it shall be conclusively presumed that the fees first received are the fees first expended. 5. Judicial action to Challenge this Resolution. Any judicial action or proceeding to attack, review, set aside, void, or annul this resolution shall be brought within 120 days from the date this resolution is adopted. PASSED AND ADOPTED this following roll call vote: day of , 1997, by the AYES' NOES' ABSTAIN: ABSENT: Sheridan Malone Mayor ATTEST: Colleen Henderson City Clerk B: IkRESI :K.K IMPFEES.AIP ENGINEERING REPORT FOR THE ESTABLISHMENT OF AIRPORT INDUSTRIAL PARK CAPITAL IMPROVEMENT FEES January 3, 1997 Executive Summary The proposed capital improvement fees will be established in accordance with the City of Ukiah, Municipal Code Division 9, Chapter 5, Article 2, Section 9543. The fees are required to provide necessary off-site capital improvements resulting exclusively from the development of the Airport Industrial Park (ALP) as shown within the boundary on Attachment "A." The fees will be assessed to those properties within the AlP as development occurs. Due to the increased traffic volumes resulting from development of the AlP, off-site improvements will be needed at three intersections: Talmage Road and US 101 southbound exit ramp, Talmage Road and Airport Park Boulevard, and South State Street/Washington Avenue/Hastings Avenue. As each parcel within the AlP is developed, fees will be assessed and collected at the time the building permits are applied for. Since each parcel developed within the AlP will generate additional traffic, the City will see a corresponding impact in traffic conditions at the three intersections identified in this report for improvement. At this time, City staff does not propose that fees be collected for the construction of off- site improvements to the US 101 Northbound exit ramp to Talmage Road and the US 101 Southbound exit ramp to Talmage Road. City staff does not believe work on these ramps will be warranted within the projected 5-year build out of the AlP. If warranted City staff will propose an assessment district to obtain funds necessary to construct improvements to the ramps. Staff is of the opinion that construction of the US Highway 101 ramp improvements would be at a high cost that would unduly impact the ^IP with little benefit to the overall improvement of traffic flow in the area. The estimated cost of improvements to the US 101 Northbound and US 101 Southbound exit ramps, including signalization, is $458,420.00 (in 1997 dollars). Staff has, however, included improvements to Talmage Road in the vicinity of the southbound US 101 exit ramp. In addition, correspondence from Ms. Linda Goff Evans, Caltrans, dated November 2, 1995 states that Caltrans does not recommend installing a second right-turn lane on the Southbound off ramp for US Highway 101 at Talmage Road until a traffic signal is constructed. Ms. Evans indicates that standard practice for traffic signal construction involves meeting signal warrants. Ms. Evans also stated that selection of a traffic signal for an intersection should also be based on the net overall impact of the signal to the intersection. Traffic signals may, in fact, increase the overall delay at an intersection as well as certain types of accidents. Page 2 Engineering Report for the Establishment of Airport Industrial Park Capital Improvement Fees January 3, 1997 The Capital Improvement Fees within the AlP have been calculated based on the addition of project traffic only for all improvements except the exclusive right hand turn lane for northbound traffic on Airport Park Boulevard at Talmage Road. This exclusive right turn lane will be required under project plus cumulative traffic volumes. Table VII of the W-Trans Airport/Redwood Business Park, Additional Traffic Analysis dated December 13, 1996, page 11, Attachment "B," specifies the Level's of Service (LOS) for the intersections affected by project traffic. With existing traffic volumes, the intersection of South State Street and Talmage Road operates at an LOS of C. With the addition of project traffic, this intersection is projected to operate at LOS C. Although the SEIR recommends mitigations for the South State Street/Talmage Road intersection, the City has subsequently adopted its Revised General Plan which accepts LOS D (as a minimum) for intersections. With existing traffic volumes, the intersection of Talmage Road and Airport Park Boulevard operates at an LOS of B. With the addition of project traffic, this intersection is projected to operate at LOS E with the northbound left turn lane operating at a LOS F. With existing traffic volumes, the intersection of South State Street and Washington Avenue/Hastings Avenue operates at an LOS of B. With the addition of project traffic, this intersection is projected to operate at LOS F. The northbound through/right turn lane on Airport Park Boulevard at Talmage Road is projected to operate at LOS E under project plus cumulative traffic volumes. Although the US 101 southbound exit ramp at Talmage Road currently operates (with existing traffic) at a LOS A, the southbound right turn lane from this ramp is projected to operate at a LOS F with the addition of project traffic. As such, the City is proposing the widening of Talmage Road on the northbound side to allow a "free" right turn from this ramp. Although the SEIR considered a southern access to the AlP by extending a read south to Norgard Lane, staff does not envision this access being needed. Staff has therefore assumed that projected, project Norgard Lane traffic will utilize the Hastings Avenue to access the AlP. The City did not experience a reduction in service levels at the two intersections prior to initial development of the AlP and all improvements recommended in this report will only benefit the AlP traffic. For this reason City staff has determined that the developers of the AlP shall be the sole contributors of funds needed to improve the three identified intersections. The AlP developments generate the impacts identified in the Final Subsequent Environmental Impact Report to the City's existing intersections through increased traffic. City staff does not propose to require the developers to pay Page 3 Engineering Report for the Establishment of Airport Industrial Park Capital Improvement Fees January 3, 1997 for improvements resulting from cumulative traffic except for the exclusive northbound through/right turn lane on Airport Park Boulevard at Talmage Road. This improvement would only benefit the AlP. Amount of Fee The fee is established based on the total estimated capital costs needed to construct the identified improvements. As shown on Attachment "1" the total fee is distributed to each land use as a percentage of the respective land use's boundary PM peak hour traffic volume compared to total boundary traffic. The total fee needed to construct the following capital improvements in the year 2002 with full build out of the AlP is projected to be $1,071,000. This amount is based on cost estimates prepared by Boyle Engineering Corporation, April 12, 1996, and updated by staff in December 1996. Please refer to Attachments "C, D, E, F, G, and H." The cost estimate for South State Street and Washington Avenue/Hastings Avenue (Attachment "H") has been modified to include structure demolition and land acquisition. Capital Improvements to be Constructed with these Fees The Final Subsequent Environmental Impact Report (SEIR) for Redwood Business Park and Airport Business Park, Revised Traffic Study dated June 22, 1995 identifies mitigations beginning on page 98 for the proposed AlP. Staff has determined that at present the identified mitigations for the US 101 northbound exit ramp/Talmage Road and the traffic signal with the second left turn lane for the US 101 southbound exit ramp at Talmage Road will not need to be constructed within the next five years. The three locations requiring improvements are: Talmage Road/US 101 Southbound Exit Ramp, Improvements at this location will involve the widening of Talmage Road on the north side for a length of 320 feet west of the intersection of Talmage Road/US 101 Southbound Exit Ramp. This improvement will enhance traffic flows by allowing a free right turn from the exit ramp onto Talmage Road. Please refer to Attachment "C" for the proposed layout of the intersection. This will mitigate the projected LOS F (with project traffic) for the right turn movement at this intersection. Talmage Road/Airport Park Boulevard. This intersection will be modified to provide two westbound left turn lanes. The northbound lanes will be restriped to allow four separate lanes: two left turns, a single through, and a right turn. This Page 4 Engineering Report for the Establishment of Airport Industrial Park Capital Improvement Fees January 3, 1997 project would also allow the relocation of the traffic signals at the southeast corner. In addition road widening would be required on the east side of the Airport Park Boulevard approach to the intersection. Please refer to Attachment "E" for the proposed layout of the intersection. South State Street/Washington Avenue/Hastings Avenue. Improvements to this intersection would require the construction of a separate left turn lane, a separate through lane and a combined through-right turn lane on the northbound approaches on South State Street. A separate right turn only lane, a separate through lane, and a separate left turn lane will be constructed on the Hastings Avenue westbound approach. Construction of the right turn lane would require land and structure acquisition and demolition of a structure located at the northeast corner of this intersection. The curb return at the southeast corner will be reconstructed to allow for truck turning movements. The Washington Avenue approach would be restriped to allow for a combined through-right turn lane and a separate left turn lane. Please refer to Attachment "G" for the proposed layout of the intersection. Estimated Cost of Capital Improvements Costs were taken from estimates prepared by Boyle Engineering Corporation, Attachments "D," "F," and "H." Talmage Road/US 101 Southbound Exit Ramp Talmage Road/Airport Park Boulevard South State Street/Washington Avenue/Hastings Avenue SUBTOTAL Engineering, Administration, & Project Inspection at 32% Contingencies at 20% TOTAL in 1997 dollars $ 62,42O $106,175 $373,65O $542,245 $173,518 $108.449 $824,212 Calculate amount needed for construction in the year 2002 assume average annual inflation rate of 5% for 5 years per formula, Future Value = Present Value (1 + i)n Present Value = $824,212 Page 5 Engineering Report for the Establishment of Airport Industrial Park Capital Improvement Fees January 3, 1997 i= 5% = 0.05; n = 5 years Therefore, future value = $1,051,926.58 Add $ 5,000.00 Add $ 10,000.00 Add $ 3,750.00 Total Fee $1,070,676.58 Rounded To: $1,071,000.00 (Traffic Studies, Oct.-Dec. 1996) ($2,000 per year traffic volume counts & intersection LOS analysis) (annual administration fee) Application of Fee These capital improvement fees shall be applied to all development within the AlP excluding the existing Walmart, the US Geological Survey (lot id #19), the Redwood Coast Regional Center (lot id #8), the Talmage Professional Center (lot id #2), the Talmage Office Park (lot id #3), and North Cai Wood Products (lot id ~4). The Talmage Professional Center, the Talmage Office Park, and North Cai Wood Products have been previously developed and do not contribute to project traffic. The US Geological Survey and the Redwood Coast Regional Center were developed prior to the traffic counts which were taken for the revised traffic study and are already included in existing traffic volumes and will not add to project traffic volumes. The total cost of the capital improvements will be distributed according to six land uses in the AlP. Please refer to Attachment "1" for the percent distribution based on land use. This distribution is based on data from Table IV of the W-Trans, Additional Traffic Analysis dated December 13, 1996, page 8, Attachment "J." Although traffic projections were not indicated for the vineyard at the south end of the AlP it is assumed that this land (which is zoned industrial) will generate the same percentage of traffic as the Redwood Business Park and Airport Business Park industrial land. The fee totals per land use from Attachment "1" were divided by the total acreage for each land use to obtain a fee per acre for the respective land use. On Attachment "K" the parcel's within the AlP have been identified with their respective fees. The fees have been calculated based on "developable" acreage. This is defined as that land which can be developed and utilized by prospective land owners including any proposed roadways other than Airport Park Boulevard and Commerce Drive from Page 6 Engineering Report for the Establishment of Airport Industrial Park Capital Improvement Fees January 3, 1997 Airport Road to its terminus at US Highway 101. Attachment "K" lists "developable" land acreage by Assessor's Parcel Number for each of the properties within the AlP. The acreages identified are those which can be developed. The Environmental Impact Reports for the AlP indicate some "wetland" and "riparian" areas. For the purposes of this report, staff has assumed that there is a total of 3.0 acres of wet meadow/riparian habitat, a total of 1.05 acres of pond area, and a total of 1.38 acres for the extension of Airport Park Boulevard as currently approved and under construction within a portion of lot number 30 identified on Attachment "A." Summary As identified on pages three and four of this report the capital improvements recommended for construction (with the exception of the through/right turn lane on Airport Park Boulevard at Talmage Road which benefits cumulative AlP traffic) will only mitigate the traffic impacts created by the addition of project related traffic. The proposed improvements at each of the three locations do not restore the LOS to the existing LOS prior to construction of the AlP. Therefore, the existing traffic (not project traffic) will not see a return to the LOS at the respective locations prior to project construction at the AlP. l® ATTACHMENT "B" Table VII (updated) Summary of Intersection Operation - With Alternate Project Volumes (P.M. Peak Hour) Intersection Existing Existing plm Project Cumulative Delay LOS D~lay LOft Delay LOS 1. South ~zte Str~t/Talmage Road 21.6 ~ 24.9 C_. 28.2 D Northbound Through/Right 17.7 C I 8.5 C ! 9.0 C 8outhbound L~R/Through 25.5 D 33.6 D 41.6 E Westbound LeR 26.7 D 26.7 D 27.2 D Westbound Right 16.3 C 17.9 C 17.9 C 2. South State Street/Hastings Avenue ]0.0 B ~52.8 F 470.6 F Northbound LeR 18.2 C 18.2 C 18.3 C Northbound Tlzrou~ght 11.3 B . 63.0 F 69.2 F Southbound Left 18,0 C 20.4 C. 20.6 C Southbound Through/Right 7.1 B 1 !. 1 B 11.3 B Eastbound Approach ! 4.3 B 18.1 C 59.3 F Westbound Approach 14.3 B 999+ F 999+ F 3. Airport Park Drivefl'almage Road 13.2 B 49.1 E 70.3 l~ Northbound LeR 22.2 C 79.5 F 122.5 F Northbound TErough/Right 15.5 C 25.7 D 55.2 E Southbound Left 24.6 C 24.6 C 24.7 C Southbound Through/Right 19.1 C 19.6 C 19.9 C Eastbound Left '23.8 C 21.2 C 2 !.3 C Eastbound Through/Right 11.2 B 14,5 B 14.9 B Westbound Left 24.9 C 165.2 F 219.3 F Westbound Tlzrough/Right 7.3 B ' 8.4 B 8.4 B 4. U.S. I01 SB-Rampsfl'almage Road 4.3 A ]3.6 C ~7.2 D Southbound Right 15.2 C 46.8 F 97.4 F Notes: Delay = average delay l~r ve~icle in seconds LOS = level of ~rvic~ ~pcx = overall intersection love] of service Airport/Reth~ood Business Park Additional Traffic Analysis Whitlock & Weinberger Transportation, Inc. Page 11 City of Ukiah December 13, 1996 " ATTACHMENT "C" TALMAGE ROAD ~:"' __--Z- DESCRIPTION SHEET NO. CITY OF UKIAH INTERSECTION P-4 IMPROVEMENTS ~¢3~, DATE '-"~'"'~'-' ' ""' ~EV~S~ONS 4 / 1 2 / 9 6 ATTACHMENT "D" CITY OF UKIAH I Cost Estimate for Talmage Road and Southbound US 101 Based on Cost Estimates Prepared by Boyle Engineering on April 12, 1996 Reference Boyle Engineering Drawing No. P-4 I Prepared By: Rick Seanor Date & Time Printed: 12/27/96 10:44 Item Estimated Unit of No. Item Quantity Measure Unit Price Total Price 1 Clearing & Grubbing I LS $5,000.00 $5,000.00 2 Sawcut AC 400 LF $2.00 $800.00 3 Roadway Excavation 150 CY $25.00 $3,750.00 4 Remove Concrete Sidewalk, C&G 2,000 SF $2.00 $4,000.00 5 Construct Wheelchair Ramp 1 EA $2,400.00 $2,400.00 6 Construct Curb & Gutter 320 LF $20.00 $6,400.00 7 Construct Sidewalk 300 LF $25.00 $7,500.00 8 Aggregate Base 100 CY $50.00 $5,000.00 9 Asphalt Concrete 70 TON $75.00 $5,250.00 10 Place Traffic Stripe 400 LF $2.00 $800.00 11 Place Pavement Marking 130 SF $4.00 $520.00 12 Install Safety Lighting 1 LS $20,000.00 $20,000.00 13 Right of Way and Permits 1 LS $1,000.00 $1,000.00 Subtotal $62,420.00 ATTACHMENT "E" ~ , I m : .~..-.-. LOOPS NB ~PROACH I:::::: , i ~ :~'" ~, i'~.-. I [ i~,... ,i'~ · · · , C~ OF UKaH INTERSECTION P-3 iMPROVEMENTS ' DATE , ATTACHMENT "F" CITY OF UKIAH I Cost Estimate for Talmage Road and Airport Park Boulevard Based on Cost Estimates Prepared by Boyle Engineering on April 12, 1996 Reference Boyle Engineering Drawing No. P-3 Prepared By: Rick Seanor Date & Time Printed: 12/27/96 10:42 Item Estimated Unit of No. Item Quantity Measure Unit Price Total Price I Clearing & Grubbing 1 LS $2,500.00 $2,500.00 2 Sawcut AC 250 LF $2.00 $500.00 3 Roadway Excavation 80 CY $25.00 $2,000.00 4 Construct Wheelchair Ramp 1 EA $2,400.00 $2,400.00 5 Construct Curb & Gutter 230 LF $20.00 $4,600.00 6 Construct Sidewalk 180 LF $25.00 $4,500.00 7 Aggregate Base 40 CY $50.00 $2,000.00 8 Asphalt Concrete 41 TON $75.00 $3,075.00 9 Place Traffic Stripe 3000 LF $1.00 $3,000.00 10 Place Pavement Marking 400 SF $4.00 $1,600.00 11 Modify Traffic Signal & Highway Lighting I LS $60,000.00 $60,000.00 12 Right of Way & Permits 1 LS $20,000.00 $20,000.00 Subtotal $106,175.00 ATTACHMENT "G" i i , RELOCATE TRAFFIC i 510NAL LOOPS i J APPROX. SCALE: 1"-40' RELOCAIE TR~FIC .L~I ~ n A A /i , / REM~ 5TRUCTURE~ __:.=:_ _ .......... _/ ......... : .......... ~ .......... .%., -- / , ~ INSTALL ...... L:_L ........ .L___~/ ~~ TM EXIST FIRE ~D "' I ~ ~ ..:.: "' "7~ ' ~---~ ' ~ ~~ ~~~~~/~-R[L~IE SIGN~ ST'~'D ~iELE Mil WB ~PROAC'LINSTALL~E~---~ SIG. LOOP~ ~~~--REL~TE T~ I S~ L~PS NB ~PR~H C~ OF UKaH INTERSECTION , P-1 IMPROVEMENTS , D~IE ~ ,,4/~ 2/~ ATTACHMENT "H" CITY OF UKIAH I Cost Estimate for South State Street and Washington Ave./Hastings Ave. Based on Cost Estimates Prepared by Boyle Engineering on April 12, 1996 Reference Boyle Engineering Drawing No. P-1 Prepared By: Rick Seanor Date & Time Printed: 12/27/96 10:38 Item Estimated Unit of No. Item Quantity Measure Unit Price Total Price 1 Clearing & Grubbing I LS $2,500.00 $2,500.00 2 Sawcut AC 300 LF $2.00 $600.00 3 Relocate Utilities 1 LS $10,000.00 $10,000.00 4 Reset Water Valve to Grade 3 EA $400.00 $1,200.00 5 Roadway Excavation 200 CY $25.00 $5,000.00 6 Construct Wheelchair Ramp 2 EA $2,400.00 $4,800.00 7 Construct Curb & Gutter 500 LF $20.00 $10,000.00 8 Construct Sidewalk 500 LF $25.00 $12,500.00 9 Aggregate Base 100 CY $50.00 $5,000.00 10 Asphalt Concrete 150 TON $75.00 $11,250.00 11 Place Traffic Stripe 6,500 LF $1.00 $6,500.00 12 Place Pavement Marking 400 SF $4.00 $1,600.00 13 Modify Traffic Signal & Highway Lighting 1 LS $100,000.00 $100,000.00 14 Structure Acquisition 1 LS $70,000.00 $70,000.00 15 Land Acquisition 1 LS $127,700.00 $127,700.00 .,, 16 Demolition of Structure 1 LS $5,000.00 $5,000.00 Subtotal l $373,650.00 Z ~Z P.l¥ ATTACHMENT "J" Table IV - Project Trip Generation Summar)' Land Use Number P.M. Peak Hour of Unit~ Trip Rate h Out Total Per Unit R~taurant 5.0 kd' 12.92 36 28 64 Primary/Diverted Trips (60%) 22 17 39 (Internal Trips) (3) (3) (6) Pass-by Trips (40%) 14 11 25 O flick/Retail 67.0 kd 1.50 15 85 100 Industrial Park 373.5 kd 0.91 74 266 540 Auto Dealership (4.09 Acres) 33.9 kd 2.62 37 52 89 Primary/Diverted Trips (72%) 27 37 64 (Internal Trips) (7) (9) (16) Pass-by Trips (28%) 10 15 25 Auto Parts/Auto Care (12.27 Acres) I01.6 kaf 4.00 178 228 406 Primary/Diverted Trips (72%) 128 164 292 (Internal Trips) (32) (41) (73) Pass-by Trips (28%) 50 64 114 Retail 304.1 ksf 3.98 605 605 1,210 Primary/Diverted Trips (72%) 436 436 872 (Internal Trips) (144) (144) (288) Pass-by Trips (28%) 169 169 338 Wal-Mart Expansion 18.0 kd 6.06 55 55 110 Primary/Diverted Trips (72%) 40 40 80 (Internal Trips) (5) (5) (10) Pass-l~y Trips (28%) 15 15 $0 Lot #12 Retail 8.3 kd 3.98 17 17 54 Primary/Diverted Trips (72%) 12 12 24 (Internal Trips) (4) (4) (8) Pass-by Trips (28%) 5 5 10 Total Tripa 1,017 1,;~36 2,;~53 Total Primary/Diverted Trips 754 1,057 1,811 (Internal Trips) (195) (206) (401) Total Pass-by Trips 263 279 542 Source-' Trip Generation, 5th Edition, Institute of Transportation Engineer~, 1991 and the 1995 Update k.s.f. = 1000 square f~et (Internal Trips) = Tho~ "Primary/Divert~l Trips" which stay within the Airpo~'dRedwood Business Park Building Floor Araa to Lind Araa Coverage = 8,274 square f, et/acre Airport/Redwood Business Park Additional Traffic Analysis Whitlock & Weinberger Transportation, Inc. Page 8 City of Ukiah December 13, 1996 ATTACHMENT "K" CITY OF UKIAH I SUMMARY OF CAPITAL IMPROVEMENT FEES BY PARCEL NUMBER AIRPORT INDUSTRIAL PARK I Prepared By: Rick Seanor Date & Time Printed: 12/27/96 9:07 Lot Assessor's ID Parcel No. Land Use Acreage Fee No. I 180-070-36 a Restaurant 1.39 $31,822.75 SUBTOTAL (RESTAURANT) 1.39 $31,822.75 2 180-070-01 Talmage Prof. Ctr. 0.00 $0.00 3 180-070-02 Talmage Office Pk 0.00 $0.00 4 180-070-03 North Cai Wood 0.00 $0.00 6 180-070-29 Office/Retail 1.22 $11,027.59 7 180-070-28 Office/Retail 1.53 $13,829.69 8 180-070-27 R.C. Regional Ctr. 0.00 $0.00 9 180-070-26 Office/Retail 1.21 $10,937.20 10 180-070-25 Office/Retail 1.09 $9,852.52 11 180-070-24 Office/Retail 1.02 $ 9,219.79 SUBTOTAL (OFFICE/RETAIL) 6.07 $ 54,866.80 5 180-070-38 Walmart (Existing) 0.00 $0.00 12 180-080-41 Retail 1.00 $22,683.70 13 180-080-49 Retail 6.52 $147,897.74 14 180-080-43 Retail 4.90 $111,150.14 15 180-080-44 Retail 7.35 $166,725.21 16 180-080-45 Retail 3.16 $ 71,680.50 SUBTOTAL (RETAIL) 22.93 $520,137.30 I 5 180-070-38 I Walmart (Expansion) 2.52 $54,866.80 SUBTOTAL (WALMART EXPANSION) 2.52 $54,866.80 17 180-080-16 Industrial 2.96 $9,333.66 18 180-080-25 Industrial 3.54 $11,162.56 19 180-080-26 U.S. Geol. Survey 0.00 $0.00 20 180-080-19 Industrial 1.00 $3,153.26 21 180-080-22 Industrial 2.23 $7,031.78 22 180-080-27 Industrial 4.49 $14,158.16 23 180-080-28 Industrial 4.59 $14,473.48 24 180-080-29 Industrial 4.60 $14,505.02 25 180-080-30 Industrial 5.56 $17,532.15 28 180-110-02 Industrial 4.62 $14,568.08 29 180-110-07 Industrial 9.00 $28,379.38 30 180-110-06 Industrial 9.57 $30,176.74 31 180-120-04 Industrial 5.80 $18,288.93 32 184-080-01 Industrial 1.20 $3,783.92 SUBTOTAL (INDUSTRIAL) 59.16 $186,547.13 26/27 Portion of 180-080-46/47 Auto Dealership 4.09 $40,052.77 26/27 Portion of 180-080-47/46 Auto Parts/Auto Care 12.27 $182,706.45 SUBTOTAL (AUTO DEALERSHIP/AUTO PARTS/AUTO CARE) 16.36 $222,759.22 §9542 CHAPTER 5 DEDICATIONS AND CAPITAL IMPROVEMENTS ARTICLE 2. OFF-SITE CAPITAL IMPROVEMENTS FEES §9543 SECTION: §9542: §9543: §9544: Purpose Establishment of Capital Improvement Fees Limited Use Of Fees §9542: PURPOSE: in various locations throughout the City public facilities such as streets, bridges, traffic signals, storm drains and sewer lines must be constructed or improved in order to accommodate the impacts from or provide access to new development in those areas. The City Council has determined that capital improvement fees must be established in order for that new development to contribute its fair share toward financing the construction of these improvements. (Ord. 882, §2, adopted 1988) §9543: ESTABLISHMENT OF CAPITAL IMPROVEMENT FEES: A. Creation by Resolution: By resolution the City Council shall establish such capital improvement fees as it determines are necessary to contribute toward the financing of public facilities. Each such resolution shall: 1. Establish and describe the benefit and impact area within which the fee shall 'apply; 2. Set forth the specific amount of the fee; 3. List the specific public improvement or improvements to be financed; .: 9183 §9543 {}9543 A) o, Bi 4. Describe the estimated cost of these facilities, and associated costs such as necessary engineering services and administrative costs; 5. Describe the reasonable relationship between the fee and the types of new development to which it will apply; 6. Set forth the time when the fee must be paid as follows: a. As to residential development that time shall not be sooner than the date of final inspection or the date the certificate of occupancy is issued, whichever occurs first. The City shall not furnish utilities to occupants of any such residential development prior to final inspection and the issuance of a certificate of occupancy. The City shall disconnect utilities furnished to a residential development if that development is occupied prior to final inspection and the issuance of a certificate of occupancy. In accordance with the §§2136 to 2137, the City shall revoke the business license issued pursuant to Division 2 of this Code to any person (as defined in §2100) engaged in a business (as defined in §2101), if such person participates as seller, broker or otherwise in the sale of a residential development to an occupant of that development before final inspection and issuance of a certificate of occupancy. The City shall not issue a new business license to a person whose license is revoked as provided herein for a period of two (2) years. . b. As to all other development that time shall be at the time a building permit is issued. c. No certificate of occupancy or building permit, as appropriate, shall issue until the required fees are paid. "Building permit," "final inspections," and "certificate of occupancy," as used in this Section, have the same meaning as described in Sections 301, 305, and 307 of the Uniform Building Code, International Conference of Building Officials, 1985 Edition; 7. Set forth the method for reviewing or modifying the fee or its use. · . Procedure: The City Council shall adopt each resolution according to the following procedure: 1. The resolution shall be adopted at a public hearing at which any person may appear in person or in writing. 2. A fee study establishing the reasOnable relationship between the fee and each parcel of property to which it will apply shall be available for public inspection for at least ten (10) days prior to the hearing. 9184 ~.~ p, ~ {}9543 B) {}9544 3. Notice of the hearing shall be published in a newspaper of general circulation within the City ten (10) days prior to the hearing. The notice shall describe the public facilities to be financed with the fee, the area within which the fee will apply, the amount of the fee, and the times and location where the fee study is available for public inspection. (Ord. 882, {}2, adopted 1988) {}9544: I. IIV[ITED USE OF FEES: The revenues raised by payment of this fee shall be placed in a separate and special account and such revenues, along with any interest earnings on that account, shall be used solely to: A. Pay for the City's future construction of facilities described in the resolution enacted pursuant to {}9543, and all associated costs, such as engineering and administrative costs attributable to such facilities or to reimburse the City for those described or listed facilities constructed by the City with funds advanced by the City from other sources, or ' Reimburse developers who have been required or permitted to install such listed facilities which are oversized for their development for such supplemental size, length or capacity. (Ord. 882, {}2, adopted 1988) 9185 W. TRA NS December 13, 1996 Mr. Rick Seanor City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 AirportfRedwood Business Park- Additional Traffic Analysis Dear Rick, As requested, we have completed additional traffic engineering services related to the our previous report, Airport/Redwood Business Park EIR Independent Traffic Analysis dated March 6, 1996. The first issue was to determine the volume of pass-through traffic at the Airport Industrial Park. This determination was made through an origin and destination study which we reviewed with you prior to initiating the surveys. The second issue was to determine any new traffic impacts due to any change in trip generation from new development approved for construction in the Redwood Business Park and a recent zoning change for a 16.36 acre parcel from industrial to industhal/automotive commercial. The results of this additional analysis are attached. Please let me know if you have any questions. ~Steve Weinbbr~er, P.E. SJW/UKI005.L2 DEC 1 O 199 CITY OF UKIAH DEPT, OF PUBLIC WORKS WHITLOCK ~LWEINBERGER TRANSPORTATION INC 2200 Range Avenue, Suite 102, Santo Rosa, California, 95403, (707) 542-9500, FAX (707) 542-9590 Introduction This report is an addendum to a previous report, Airport/Redwood Business Park EIR Independent Traffic Analysis dated March 6, 1996. The study areais located west of U.S. 101 along South State Street and Talmage Road. The analysis focused on four study intersections, South State Street/Talmage Road, South State Street/Hastings Avenue, Talmage Road/Airport Park Boulevard, and Talmage Road/U.S. 101 SB Ramps. The first issue was to determine the volume of pass-through traffic at the Airport Industrial Park. This determination was made through an origin and destination study which the consultant reviewed with City staff prior to initiating the surveys. The second issue was to determine any new traffic impacts due to any change in trip generation bom new development approved for construction in the Redwood Business Park and a recent zoning change for a 16.36 acre parcel fi.om industrial to industrial/automotive commercial. Airport/Redwood Business Park Additional Traffic Analysis Whitlock & Weinberger Transportation, Inc. Page 1 City of Ukiah December 13, 1996 Study Parameters Study Area The study area includes the following intersections. . 2. 3. 4. South State StreeffTalmage Road South State Street/Hastings Avenue Talmage Road/Airport Park Blvd. Talmage Road/U.S. 101 SB Ramps All of the study intersections are controlled by a traffic signal except for Talmage Road/U.S. 101 SB Ramps which is controlled by a stop sign on the southbound off-ramp approach to Talmage Road. The locations of the study intersections are shown in Figure 1. Study Period Similar to the EIR analysis, the weekday p.m. peak hour conditions were analyzed. Evaluation Criteria The traffic analysis was completed based on methodologies and criteria contained in the following references. Highway Capacity Manual, Special Report No. 209, Transportation Research Board, 1994 Traffic Manual, California Department of Transportation Highway Design Manual, California Department of Transportation Left-Turn Channelization Design Guide, Transportation Research Board I~tersection Level of Service Methodologies "Level of Service" (LOS) is used to rank traffic operation on various types of facilities based on traffic volumes and roadway capacity using a series of letter designations ranging from A to F. Generally, Level of Service A represents free flow conditions and Level of Service F represents forced flow or breakdown conditions. The methodology used for the intersection analysis in the Airport/Redwood Business Park EIR was the Intersection Capacity Utilization method. This method is described in Circular 212, "Interim Materials on Highway Capacity," Transportation Research Board, 1980. The Circular 212 methodology determines the movement which is critical, or controls the amount of green time necessary, on each approach. The critical movements for each approach are divided by their respective theoretical capacities and these volume-to-capacity (v/c) ratios are added together to obtain an intersection v/c ratio. The v/c ratio for the entire intersection is then related to a level of service, with av/c of 1.0 considered to be at capacity and the upper limit of LOS E. This v/c approach is a theoretical ranking difficult for people to understand and relate to. By contrast, the intersection analysis in this evaluation utilizes methodologies from the 1994 Highway Capacity Manual. There are different methodologies for signalized intersections, two-way stop controlled intersections, and all-way stop controlled intersections. These methodologies are more data intensive, but also provide more understandable results. The signalized intersection methodology is based on average vehicular delay expehenced at the intersection and takes into account factors such as pedestrian activity, flow characteristics, and actual signal timing. The new unsignalized methodology measures delay for each intersection approach or movement, Airport/Redwood Business Park Additional Traffic Analysis Whitlock & Weinberger Transportation, Inc. Page 2 City of Ukial~ December 13, 1996 as well as providing weighted average of vehicular delay for the entire intersection. Following is a summary of the Level of Service methodologies. The intersection Level of Service criteria are shown in Table I. The intersection Level of Service thresholds for both signalized and unsignalized intersections are shown in Table Il. More complete descriptions of the methodologies and the Level of Service criteria are provided in Appendix A. Signalized Intersection Level of Service Analysis Methodology The study intersections which are currently signalized were analyzed using the Operations Method contained in the Highway Capacity Manual, Transportation Research Board, Special Report No. 209, 1994. This methodology is based on factors including traffic volumes, green time for each movement, phasing, whether or 'not the signals are coordinated, track traffic, and pedestrian activity. Average stopped delay per vehicle in seconds is used as the basis for evaluation in this LOS methodology. Unsignalized Intersection Level of Service Analysis Methodology The level of service for the unsignalized study intersection, or one which is controlled by a stop sign on the minor street approaches, was analyzed using the unsignalized intersection capacity method from the Highway Capacity Manual, Transportation Research Board, Special Report No. 209, 1994. This method determines a level of service for each minor turning movement by estimating the level of average delay in seconds per vehicle. The through movements on the main street are assumed to operate essentially without delay. The methodology also determines an average delay and level of service for the intersection as a whole. Table I Intersection Level of Service Criteria Level of Type of Delay Maneuverability Service Flow A Stable Very slight or no delay. If signalized, no Turning movements are easily made, and Flow approach phase is fully utilized and no driver nearly all drivers find freedom of operation. waits through two red signals. B Stable Shght delay. If signalized, an occasional Vehicle platoons are formed. Many drivers Flow approach phase is fully u 'tffized- begin to feel somewhat restricted within groups of vehicles. C Stable Acceptable delay. If signalized, a few drivers Back-ups may develop behind turning Flow arriving at the end of a queue may vehicles. Most drivers feel somewhat occasionally wait through one cycle, restricted. D Approaching Tolerable delay. Delays may be substantial Maneuverability is severely limited during Unstable during short periods, but excessive back ups short periods due to temporary back ups. Flow do not occur. E Unstable Flow Intolerable delay. Delay may be great--up to There are typically long queues of vehicles several signal cycles, waiting upstream of the intersection. F Forced Flow Excessive delay Jammed conditions. Back ups from one movement may restrict or prevent other movements. Reference: Highway Capacity Manual, Special Report No. 209, Transportation Research Board, 1994. Airport/Redwood Business Park Additional Traffic Analysis Whitlock & Weinberger Transportation, Inc. Page 3 City of Ukiah December 13, 1996 Table H Intersection Level of Service ThreshOlds Level of Service Signalized Intersection Delay Unsignalized Intersection Delay (seconds per vehicle, average) (seconds per vehicle, average) A B C D E F ~ 5.0 5.1 to 15.0 15.1 to 25.0 25.1 to 40.0 40.1 to 60.0 > 60.0 a 5.0 5.1 to 10.0 10.1 to 20.0 20.1 to 30.0 30.1 to 45.0 > 45.0 Level of Service Standards The level of service standard used in the Airport/Redwood Business Park EIR traffic analysis was a minimum of Level of Service C. This analysis considers three alternative standards, Level of Service C, a mid Level of Service D, and a Level of Service D. The maximum allowable delay for these alternatives is shown in Table m. Table HI Level of Service Standard Alternatives Level of Service C mid D D Signalized Intersections Maximum Delay (seconds per vehicle, average) 25.0 32.5 40.0 Unsignalized Intersections Maximum Delay (seconds per vehicle, average) 20.0 25.0 30.0 Using a standard of a Level of Service D threshold is very common in most urbanized areas of California. There are some communities who use the slightly more maneuverable standard of mid LOS D. It is not unusual for smaller communities in Califomia to utilize a LOS C standard. However, this level of operation becomes harder to achieve as more urbanized type development occurs. Airport/Redwood Business Park Additional Traffic Analysis Whitlock & Weinberger Transportation, Inc. Page 4 City of Ukiah December 13, 1996 Pass-Through Traffic Pass-through traffic in the Airport/Redwood Business Park is defined as traffic which does not have an origin or destination in the business park such as at Wal-Mart and Friedman's Brothers but travels on Airport Park Boulevard. In order to quantify the actual volume of pass-through traffic, the following field methodology for an origin and destination (O&D) study was used. 1. Field crew recorded vehicle license plates in both directions at the following locations. Airport Park Boulevard, immediately south of Talmage Road Commerce Drive, immediately east of entrance to lumber yard at Northeast comer of Airport Road/Commerce Drive. . The O&D study was performed for one two hour period between 4:00 and 6:00 p.m. on Wednesday, November 6, 1996. There did not appear to be any special events or nearby construction which might have affected the data collection. . The resulting database included vehicle license plate every five minutes for four locations - Airport Park Boulevard arrival (southbound), Airport Park Boulevard departure (northbound), Commerce Drive arrival (eastbound) and Commerce Drive departure (westbound). 4. The database was evaluated to determine matches between: · Airport Park Boulevard arrival (southbound) and Commerce Drive departure (westbound) · Commerce Drive arrival (eastbound) and Airport Park Boulevard departure (northbound) License plate matches were done for a 15 minute increment. For example, if a license is recorded at Airport Park Boulevard Southbound between 4:00 - 4:05 p.m. and is matched at Commerce Drive Westbound between 4:00 - 4:20 p.m., the vehicle was considered as pass-through traffic. However, ifa license is recorded at Airport Park Boulevard Southbound between 4:00 - 4:05 p.m. and is matched at Commerce Dhve Westbound later than 4:20 p.m., the vehicle was not considered as pass-through traffic. The data revealed that during the p.m. peak hour there are approximately 9 vehicles traveling in the northbound direction on Airport Park Boulevard approaching Talmage Drive which are travehng through and not related to land uses within the new commerdal area and 24 vehicles traveling in the southbound direction on Airport Park Boulevard leaving Talmage Drive which are travehng through and not related to land uses within the new commercial area. These volumes are shown in Figure 1. This pass-through traffic volumes represents approximately 3 to4 percent of the total traffic on Airport Park Boulevard, south of Talmage Road. This volume of traffic is very minor. Therefore, any updated intersection level of service calculations which follow have not removed these volumes due to their insignificant level. Airport~edwood Business Park Additional Traffic Analysis Whitlock & Weinberger Transportation, Inc. Page 5 City of Ukiah December 13, 1996 (101' · Norgard Lane LEGEND .... Future Roadways North x:x ~ P.M. peak hour through volume ~ ~ 11 Figure 1 Existing Pass-Through Traffic Volumes Airport/Redwood Business Park Additional Traffic Analysis ~. ~, ·, ~ Whitlo~k & Weinberger Transportation In~. City of Ukiah UKIOO~.DRW 12/~6 Updated Project Volumes The trip generation assumptions Transportation Engineers, 1991. have been obtained, bom Trip Generation, 5th Edition, Institute of The City of Ukiah has indicated that several developments have either been constructed or been approved for construction. Projects which have been constructed include Friedman Brothers and WalMart. Planned projects include United Grocers and Staples. The floor area for these uses total 304,060 square feet. All of these uses are within the retail category originally designated. The trip generation characteristics for the entire project area are shown in the attached Table IV (updated). The City of Ukiah has also indicated that 16.36 acres of industrial zoned land has been rezoned to automotive commercial uses. The automotive commercial uses were assumed to consist of four acres of an auto dealership and 12 acres of automotive parts/auto care uses. The resulting trip generation estimates with these change for the project are shown in Table IV. Note that the internal trips shown are subtracted from the primary/diverted trips. The resulting re-assigned project traffic volumes are shown in Figure 2. Airport/Redwood Business Park Additional Traffic Analysis Whitlock & Weinberger Transportation, Inc. Page 7 City of Ukiah December 13, 1996 Table IV - Project Trip Generation Summary Land Use Number P.M. Peak Hour of Units Trip Rate In Out Total Per Unit Restaurant 5.0 ksf 12.92 36 28 64 Primary/Diverted Trips (60%) 22 17 39 (Internal Trips) (3) (3) (6) Pass-by Trips (40%) 14 11 25 O ~c.~Retail 67.0 kal 1.50 15 85 100 Industrial Pa rk 373.5 ksf 0.91 74 266 340 Auto Dealership (4.09 Acres) 33.9 ksf 2.62 37 52 89 Primary/Diverted Trips (72 %) 27 37 64 (Internal Trips) (7) (9) (16) Pass-by Trips (28%} 10 15 25 Auto Parts/Auto Care (12.27 Acres) 101.6 ksf 4.00 178 228 406 Primary/Diverted Trips (72%) 128 164 292 (Internal Trips} (32) (41} (73) Pass-by Trips (28%) §0 64 114 Retail 304.1 ksf 3.98 605 605 1,210 Primary/Diverted Trips (72%) 43~ 436 872 (Internal Trips) (144) (144) (288) Pass-by Trips (28%) 169 169 338 Wal-Mart Expansion 18.0 ksf 6.06 55 55 110 Primary/Diverted Trips (72%) 40 40 80 (Internal Trips) (5) (5) (1 O) Pass-by Trips (28%) 15 15 30 Lot #12 Retail 8.3 ksf 3.98 17 17 34 Primary/Diverted Trips (72%) 12 12 24 (internal Trips) (4) (4) (8) Pass-b), Trips (28%) 5 5 I0 Total Trips 1,017 1,336 2,353 Total Primary/Diverted Trips 7.$4 1,057 1,811 (Internal Trips) (195) (206) (401) Total Pass-by Trips 263 279 542 Source: Trip Generation, 5th Edition, Institute of Trmsportation Engineers, 1991 and the 1995 Update k.s.f. = 1000 square feet (Internal Trips) = Those "Primary/Diverted Trips" which stay within the Airport/Redwood Business Park area. Building Floor Area to Land Area Coverage = 8,274 square feet/acre Airport/Redwood Business Park Additional Traffic Analysis Whitlock & Weinberger Transportation, Inc. Page 8 City of Ukiah December 13, 1996 P, 9 Talmage Road Washington Avenue 2 Hastings Avenue ! I I Norgard Lane ~_ 82 LEGEND ~J Study Intersections .... Fulure Roadv~ys ~x ). P.M. peak hour through Figure 2 Updated Alternate Project Traffic Volumes Airport/Redwood Business Park Additional Traffic Analysis Whitlock & W. inb~rg.r Tr. nsport~tion In~. City of Ukiah UKIOOS.DRW I :?,Jr6 Evaluation of Intersection Operations Existing Plus Project Conditions Using the calibrated intersection level of servii:e parameters and the alternate project traffic volumes described in the previous section, the "Existing plus Project" levels of service were recalculated. The resulting conditions are shown in Table VII (updated) and are identified as ''Existing plus Project". Based on the updated methodology and assuming existing lanes and signal timing under the Existing plus Project volumes, the intersection of South State Street/Talmage Road would be expected to operate with an average delay of 24.9 seconds per vehicle at the LOS C/D threshold. The intersection of South State Street/Hastings Avenue would be expected to operate with an average delay of 252.8 .seconds per vehicle and a LOS F. The intersection of Talmage Road/Airport Park Drive would be expected to operate with an average delay of 49.1 seconds per vehicle and a LOS F. The southbound off-ramp movement at the intersection of Talmage Road/U.S. 101 Southbound Off-Ramp would be expected to operate with an average delay of 46.8 seconds per vehicle and a LOS F. Cumulative Conditions Using the calibrated intersection level of service parameters and the alternate project traffic volumes deschbed in the previous section, the Cumulative levels of service were recalculated. The resulting conditions are shown in Table VII (updated) and are identified as "Cumulative". Based on the updated methodology and assuming existing lanes and signal timing, the intersection of South State Street/Talmage Road would be expected to operate with an average delay of 28.2 seconds per vehicle and a LOS D. The intersection of South State Street/Hastings Avenue would be expected to operate with a delay of 470.6 seconds per vehicle and a LOS F. The intersection of Talmage Road/Airport Park Drive would be expected to operate with an average delay of 70.3 seconds per vehicle and a LOS F. The southbound off-ramp movement at the intersection of Talmage Road/U.S. 101 Southbound Off-Ramp would be expected to operate with an average delay of 97.4 seconds per vehicle and a LOS F. Airport/Redwood Business Park Additional Traffic Analysis Whitlock & Weinberger Transportation, Inc. Page 10 . City of Ukiah December 13, 1996 Table VII (updated) Summary of Intersection Operation - With Alternate Project Volumes (P.M. Peak Hour) Intersection Existing Existing plus Project Cumulative Delay LO S Delay LO S Del ay LO S 1. South State Street/Talmage Road ;~1.6 C ~24.9 C ~28.2 D Northbound Through/Right 17.7 C 18.5 C 19.0 C Southbound Left/Through 25.5 D 33.6 D 41.6 E Westbound Left 26.7 D 26.7 D 27.2 D Westbound Right 16.3 C 17.9 C 17.9 C 2. South State Street/Hastings Avenue !0.0 B ~52.8 F 47,0.6 FF_ Northbound Left 18.2 C 18.2 C 18.3 C Northbound Through/Right 11.3 B - 63.0 F 69.2 F Southbound Left 18.0 C 20.4 C 20.6 C Southbound Through/Right 7.1 B 11.1 B 11.3 B Eastbound Approach 14.3 B 18.1 C 59.3 F Westbound Approach 14.3 B 999-t- F 999-t- F 3. Airport Park Drive/Talmage Road 13.2 B 49.1 ~ 70-3 _E Northbound Left 22.2 C 79.5 F 122.5 F Northbound Through/Right 15.5 C 25.7 D 55.2 E Southbound Left 24.6 C 24.6 C 24.7 C Southbound Through/Right 19.1 C 19.6 C 19.9 C Eastbound Left 23.8 C 21.2 C 21.3 C Eastbound Through/Right 11.2 B 14.5 B 14.9 B Westbound Left 24.9 C 165.2 F 219.3 F Westbound Through/Right 7.3 B 8.4 B 8.4 B 4. U.S. 101 SB-Ramps/Talmage Road 4.~3 A 13,6 C 27.2 D Southbound Right 15.2 C 46.8 F 97.4 F Notes: Delay = average delay per vehicle in seconds LOS = level of service Xxx = overall intersection level of service Airport/Redwood Business Park Additional Traffic Analysis Whiflock & Weinberger Transportation, Inc. Page 11 City of Ukiah December 13, 1996 Mitigation Alternatives Based on the alternative operational thresholds and the updated level of service conditions presented, optional mitigation measures were developed which would be required to meet each of the altemative thresholds. The mitigation investigation included the evaluation of additional lanes and traffic signal operations. Existing Plus Project Conditions Intersection # 1 - South State Street/Talmaee Road -- Level of Service D ThreshoM (40. 0 seconds per vehicle) - No additional mitigation beyond existing conditions would be required to achieve this level of delay. Mid Level of Service D ThreshoM (32.5 seconds per vehicle) - No additional mitigation beyond existing conditions would be required to achieve this level of delay. Level of Service C ThreshoM (25. 0 seconds per vehicle) - In order to achieve this level of delay, the two southbound lanes could be striped as one through lane and one left turn lane. The north-south signal phasing could then operate without the split phasing. It should be noted that this restriping would create a "trap" lane from the southbound left tum lane. An altemative would be to eliminate parking in order to stripe a southbound left mm lane in addition to the two through lanes. .Intersection #2 - South Stote Street/Ha~ting$ Avenue Level of Service D ThreshoM (40. 0 seconds per vehicle) - Add a westbound right mm lane and a northbound right mm lane.. Mid Level of Service D ThreshoM (32.5 seconds per vehicle) - In addition to the LOS D mitigations, add an eastbound left mm lane. Level of Service C ThreshoM (25.0seconds per vehicle) - In addition to the mitigation described above, extend the two northbound through lanes to Talmage Road · Intersection #3 - Airport Park DfiveFFalmage Road Level of Service D ThreshoM ('40.0 seconds per vehicle) -Reassign the westbound lane as one through lane and two left mm lanes. Mid Level of Service D ThreshoM (32.5 seconds per vehicle) - Same as LOS D threshold. Level of Service C ThreshoM (25. 0 seconds per vehicle) - In addition to improvements to achieve the LOS D threshold, split the north-south signal phasing and reassign the northbound lanes as one left, one through/left, and one right mm lane. Intersection #4 - U.S. 101 SB Offramp/Talmage Road The first recommended mitigation alternative would be to either modify the ramp design/location and/or modify the concrete barrier in order to increase the sight distance. If the sight distance could be increased by approximately 100 to 150 feet, the southbound right turn would operate with LOS D conditions or better. Airport/Redwood Business Park Additional Traffic Analysis Whitlock & Weinberger Transportation, Inc. Page 12 City of Ukiah December 13, 1996 P,t If the increased sight distance could not be physically achieved, the second recommended alternative would be to extend the two westbound through lanes on Talmage Road back to the southbound offramp and allow the offramp traffic turning right to mm into its own lane without conflict. Cumulative Conditions Intersection #1 - South Stlate Streeffralmage Road Level of Service D ThreshoM (40.0 seconds per vehicle) - No additional mitigation beyond existing conditions would be required to achieve this level of delay. Mid Level of Service D ThreshoM (32.5 seconds per vehicle) - No additional mitigation beyond existing conditions would be required to achieve this level of delay. Level of Service C Threshold (25. 0 seconds per vehicle) - The recommendations shown for the Existing plus Project Conditions Would achieve this level of delay. Intersection #2 - South State Street/Hastings Avenue Level of Service D ThreshoM (40. 0 seconds per vehicle) - Add a westbound right mm lane, an eastbound left mm lane and a northbound right mm lane. Mid Level of Service D ThreshoM (32.5 seconds per vehicle) - Same as LOS D threshold. Level of Service C ThreshoM (25.0 seconds per vehicle) - For the alternate project volumes, the recommendations would include the addition of a westbound right turn lane, an eastbound left turn lane and a northbound through lane extending the two northbound through lanes to Talmage Road. Intersection #3 - Airport Park Drive/Talmage Road Level of Service D Threshold (40.0 seconds per vehicle) - Reassign the westbound lane as one through lane and two left mm lanes, and split the north-south signal phasing and reassign the northbound lanes as one left, one through/left, and one right mm lane. Mid Level of Service D ThreshoM (32. 5 seconds per vehicle).- Same as the LOS D threshold. Level of Service C ThreshoM (25.0secondspervehicle) - In addition to the LOS D mitigation, add an exclusive eastbound right mm lane. Intersection #4 - U.S. 101 SB Offramp/Talmage Road See discussion under "Existing plus Project" conditions. Airport/Redwood Business Park Additional Traffic Analysis Whitlock & Weinberger Transportation, Inc. Page 13 City of Ukiah December 13, 1996 0 --- 0.0 0.0 2~1 1.1 1.0 --- 335 W+E 56 35 ~345678 LT ~ ~ ~ ~U ~ 0 0 0 N 0.0 0 2 2 2 2 1.00 1.00 1.00 1700 0 0 0 N 0.0 0 2 2 2 2 1.00 1.00 1.00 1700 175 0 0 N 0.0 0 2 2 2 3 1.00 1.00 1.00 1700 ...... ===================================================mzm====c=m~=m== ~ (~.) ~ ~ ~ V/S ~34S~TS ~/C ~ V/C ~S a~ ~-%--'~;-'[~ ................. i ......................... ~ .... ;"l'i;~ ~ .o ~$~ ~ / ~ ~.o 85~ ~ ~7o ~.28~ ~ o.~ ~ o.72~~ 18.$ ~ ~-J--iY;-q¢; .................. ~ ................................ i';~ ~ .o $~o ~ I D ~ ~.o 85~ ~ ~ o.~75 ~ o.~ ~$8 o.~~ ~.$ DI ~.o ~7~ [~7 1~ o.~8 $ o.28~ ~o~ o.~o ~7.~ ~[ ~ 1OS Sofi:~.t~ by T, IIiN ?za~$poztatio~ Oa~ult~t~ 8S H~ ~t~ ~,~-~ 145 663 ~6 67-~C ~ ~E .... 3 ~-L~ 23 4 l.O 30 --- 1.1 1.0 1:1 1.1 1.1 --- 155 N #+E :3 51 0 12345678 LT ~ RI' ~ 0 0 0 N 0.0 0 2 2 2 3 1.00 1.00 1.00 1700 ~ 0 0 0 N 0.0 0 2 2 2 3 1.00 1.00 1.00 1700 ~ 0 0 ' 0 N 0.0 0 2 2 2 3 1.00 1.00 1.00 1700 ~ 0 0 0 N 0.0 0 2 2 2 3 1.00 1.00 1.00 800 T ~. o s~ 2 I R ~ .0 ~0 2 : ~ ~.0 7~1 711 16~7 0.440 2 0.403 660 1.093' 63.0 T ~ .o $63 2 [ B R ~. 0 145 2 ~ ~.0 808 848 ~275 0.259 2 0.40~ ~20 0.~3 ~.1 B ....................... ~ ................................................ ~ L ~.0 145 3 ] 18. 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Peak Hour: Existing Plus Project Volumes Whitlock & Weinberger Transportation. Inc. (W-TranB) Level Of Service Computation Report 1994 HCM Unsignalized Method (Base Volume Alternative) ******************************************************************************** Intersection %4 U.S. 101 Ramps/Talmage Road ******************************************************************************** Average Delay (sec/veh): 13.6 Worst Case Level Of Service: F ******************************************************************************** Approach: Movement: Control: Rights: Lanes: North Bound L - T - R South Bound L - T - R East Bound L - T - R West Bound L - T - R Stop Sign Ignore 0 0 1! 0 0 Unc ont rol 1 ed Ignore 0 0 1 0 0 Stop Sign Include 0 0 0 0 i Uncontrolled Ignore 0 0 1 0 0 Volume Module: Base Vol: 0 0 0 0 0 462 0 787 0 0 450 0 Growth Adj: 1.00 1.00 0.00 1.00 1.00 1.00 1.00 1.00 0.00 1.00 1.00 0.00 Initial Bse: 0 0 0 0 0 462 0 787 0 0 450 0 User Adj: 1.00 1.00 0.00 1.00 1.00 1.00 1.00 1.00 0.00 1.00 1.00 0.00 PHF Adj: 1.00 1.00 0.00 1.00 1.00 1.00 1.00 1.00 0.00 1.00 1.00 0.00 PHF Volume: 0 0 0 0 0 462 0 787' 0 0 450 0 Reduct Vol: 0 0 0 0 0 0 0 0 0 0 0 0 Final Vol.: 0 0 0 0 0 462 0 787 0 0 450 0 Adjusted Volume Module: Grade: 0% % Cycle/Cars: % Truck/Comb: PCE Adj: Cycl/Car PCE: Trck/Cmb PCE: Adj Vol.: I 0% 0% 0% 1.10 1.10 1.10 1.10 1.10 1.10 1.10 1.00 1.00 1.10 1.00 1.00 0 0 0 0 0 II Critical Gap Module: MoveUp Time:xxxxx xxxx xxxxx xxxxx xxxx Critical Gp:xxxxx xxxx xxxxx xxxxx xxxx Capacity Module: Cnflict Vol: xxxx xxxx xxxxx xxxx xxxx Potent Cap.: xxxx xxxx xxxxx xxxx xxxx 508 0 787 0 0 450 0 450 xxxx xxxx xxxxx xxxx xxxx xxxxx 529 xxxx xxxx xxxxx xxxx xxxx xxxxx Adj Cap: xxxx xxxx xxxxx xxxxxxxx 1.00 xxxx xxxx xxxxx xxxx xxxx xxxxx Move Cap.: xxxx xxxx xxxxx xxxx xxxx 529 xxxx xxxx xxxxx xxxx xxxx xxxxx Level Of Service Module: Stopped Del:xxxxx xxxx xxxxx xxxxx xxxx 46.8 xxxxx xxxx xxxxx xxxxx xxxx xxxxx LOS by Move: * * * * * F * * * * * * Movement: LT - LTR - RT LT - LTR - RT LT - LTR - RT LT - LTR - RT Shared Cap.: xxxx xxxx xxxxx xxxx xxxx xxxxx xxxx xxxx xxxxx xxxx xxxx xxxxx Shrd StpDel:xxxxx xxxx xxxxx ~ ~ ~ ~ ~ xxxxx xxxxx xxxx xxxxx Shared LOS: * * * * * * * * * * · · ApproachDel: 0.0 46.8 0.0 0.0 Traffix 6.'8.1511 (c) ~995 Dowling Assoc. Licensed to W-Trans, Santa Rosa, CA , ~~ 1 ~ S~te St./~ ~d City of ~i~ ........................................................................ 0 ' ~ ~ Y+R ~ .... ~ v ~--, ~ F~:~" '~ 0 0.0 0.0 2.1 1.~ Z.0 --- 372 2 S-6T 23 · ~.0 3 ~-~ 23 3 ~.0 0 ---~ 0.0 (~, O~ ~) 0.0<--- 0 12345678 LT ~A RT I~ ~SRU RGHT ~ 0 0 0 N 0.0 0 2 2 2 2 1.00 1.00 1.00 1700 SB 0 0 0 N 0.0 0 2 2 2 2 1.00 1.00 1.00 1700 ~ 175 0 0 N 0 . 0 0 2 2 2 3 1.00 1.00 1.00 1700 ~ ~ ~ ~ ~ ~O~Y ~O~ (~.) ~ ................................................................... . ..... ~ T ~.0 ~6 1 19.0 R ~ .0 340 I C ~ ~.0 886 930 3172 0.293 1 0.393 ~47 0.746* 19.0 C ................................................................... , ..... ~ L ~.0 2~ 2 41.6 T ~ .0 620 2 LT ~.0 914 960 R ~.0 372 197 1431 0.138 3 0.281 402 0.490 17.9 C C *=CR/T/C~L ~ GROOP DEI~.Y= 28.2 SEC/V~ V/C =0.82 LOS=D LOS Software by TJ~N Transportatic~ 0ormultant$ (km~ditic~: P.M. P~ Hour o Cu~ativm Plus PxDjec~ 12/13/96 ........................................................................ 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T 12.0 206 3 I F R 12.0 178 3 [ LTR 12.0 534 534 S99 0.891 3 0.388 232 2.297* 999+ F/ ========================================================================= *~CILTTICRL~GROUP DIEI.J~=470.6 SEC/VE~ V/C ~1.49 LI3S=F LOS Softwaxa by TJ~M Transportatic~ Ocru~tants ================================================================= (kmd/tic{l: P.M. Peak Hc~r - Cu~ati~ Plus Project 12/13/96 Count Date Ti~ Peak ........................................................................ 85 HCl~ Operations 47 83 40 82-SEC CYCLE CHa, N Y+R II:L%"T 35--- 1.o ~1-~ 1.1 1.o 1.1--- 2o 2 ~-,.~ 6 o ~.o 394 ---> 2.1 II~. OF ~1 2.1<--- 429 % EW-L 12 % 1.0 $ W-L'IR 3 0 1.0 271 --- 1.1 1.0 2~1 1.1 1.0 --- 453 6 EW-~ 26 % 1.0 ; < ...... > W + E 35 1 36 S RI'DR~ ~ W/ MIN ~ % BUS %}~/Y H 1~ ~ 1234S678 I'.T TH RT LEFT THRU }~8 0 0 0 N 0.0 0 2 2 2 3 1.00 1.00 1.00 1700 SB 0 0 0 N 0.0 0 2 2 2 3 1.00 1.00 1.00 1700 I~ Softwars by TJKM Tl-~tion C~nsultants ~ti~: P.M. ~ ~ - ~ati~ Plus ~ject ~/13/96 ~ ~P. <250,000 85 H~ ~i~ 48 0 0 N/S ~OL: ~P E/W ~L: ~ · S~:N/~2S, E/W=40 I I (--- v o ...... o.o z.o o.o o-o' o.o' o .................... ~87 ---> 1.0 (~. OF ~) 1.0<--- 480 ~ ~U ~ SB ...... 0.8 0 --- 0.0 0.0 0z0 0.0 0.0 --- 0 ~ ......... I ~ ....... I ~ ......... v W + E 0 ~Y, ~Y S % ~ ~ ~ % ~ ~ ..... ~ .... ........................................................................ ~ 0.0 N N N 0 0 0 1.00 1.o0 1.0o ~ 0.0 - 0 0 0 1.00 1.o0 1.0o EB 0 0 WB 0 0 0 N 0.0 0 2 2 2 4 1.00 1.00 1.00 1700 ========================================================================= L~ ~ PHASE LANE Y, APRCH LANE ~ ADJ SAT O~DE~ ' G~OUPODELA.Y GROUP (FT.) %K1L %K3L FI~ V/S 12345678 O/C CAPAC V/C DELAY S & ~ T 12.0 121 23 F R 12.0 636 23 T~ 12.0 75? 795 29%2 0.270 T'I 0.256 753 1.055 $$.2 ~-- ~'£"-5%-"i;"-i;-G;;-;~;;;'i ........ ;.'G~"i;;' T 12.0 83 3 C 'IR 12.0 1.~0 1.~0 1.~92 0.082 3 0.183 2~1 0.446* 19.9 C /~-£"-G%"--~;"'~'G;;';'.~ .... i ..... ~.'G~-q;~";~;"~i~ T 12.0 394 6 C R 12.0 271 6 ~ 12.0 665 698 3160 0.221 6 0.354 1118 0.625* 14.9 B T 12.0 429 56 F R 12.0 20 56 TR 12.0 449 471 3344 0.141 56 0.390 130S 0.3618.% B ========================================================================= *=(~-ITICAL LANE GROUP DELAY= 70.3 S~C/VEH V/C =0.83 LOS=F 0 N 0.0 0 2 2 2 3 1.00 1.00 1.00 1700 WB 0.0 - 0 0 0 1.00 1.00 1.00 ======================================================================== CRIG ~ ~ P~ AL~ RESERVE ~',i/&iS' l~['--;4~-"~i; .... ~T~; ....... i;;'"' .... ;;; ........ :4; ..... ~--- MITIG8 Fri Dec 13, 1996 15:45:30 Page 1-1 City of Ukiah P.M. Peak Hour: Cumulative Plus Project Volumes Whitlock & Weinberger Transportation Inc. (W-Trans) Level Of Service Computation Report 1994 HCM Unsignalized Method (Base Volume Alternative) ******************************************************************************** Intersection %4 U.S. 101 Ramps/Talmage Road ******************************************************************************** Average Delay (sec/veh): 27.2 Worst Case Level Of Service: F ******************************************************************************** Approach: North Bound South Bound East Bound West Bound Movement: L - T - R L - T - R L - T - R L - T - R Control: Stop Sign Stop Sign Uncontrolled Uncontrolled Rights: Ignore Include Ignore Ignore Lanes: 0 0 1! 0 0 0 0 0 0 I 0 .0 1 0 0 0 0 1 0 0 Volume Module: Base Vol: 0 0 0 0 0 482 0 887 0 0 480 0 Growth Adj: 1.00 1.00 0.00 1.00 1.00 1.00 1.00 1.00 0.00 1.00 1.00 0.00 Initial Bse: 0 0 0 0 0 482 0 887 0 0 480 0 User Adj: 1.00 1.00 0.00 1.00 1.00 1.00 1.00 1.00 0.00 1.00 1.00 0.00 PHF Adj: 1.00 1.00 0.00 1.00 1.00 1.00 1.00 1.00 0.00 1.00 1.00 0.00 PHF Volume: 0 0 0 0 0 482 0 887 0 0 480 0 Reduct Vol: 0 0 0 0 . 0 0 0 0 0 0 0 0 Final Vol.: 0 0 0 0 0 482 0 887 0 0 480 0 Adjusted Volume Module: · Grade: 0 % % Cycle/Cars: xxxx xxxx % Truck/Comb: xxxx xxxx 0% 0% PCE Adj: 1.10 1.10 1.10 1.10 1.10 Cycl/Car PCE: xxxx xxxx Trck/Cmb PCE: xxxx xxxx Adj Vol.: 0 0 0 Critical Gap Module: MoveUp Time:xxxxx xxxx xxxxx xxxxx xxxx Critical Gp:xxxxx xxxx xxxxx xxxxx xxxx Capacity Module: 0 0 530 1.10 1.10 1.00 1.00 0 887 0 0% 1.10 1.00 1.00 0 480 0 · . 2.6 xxxxx ~ ~ ~ ~ ~ 9.0 xxxxx ~ ~ ~ ~ ~ Cnflict Vol: xxxx xxxx xxxxx xxxxxxxx' 480 xxxx xxxx xxxxx xxxx xxxx xxxxx Potent Cap.: xxxx xxxx xxxxx xxxx xxxx 496 xxxx xxxx xxxxx xxxx xxxx xxxxx Adj Cap: xxxx xxxx xxxxx xxxx xxxx 1.00 xxxx xxxx xxxxx xxxx xxxx xxxxx Move Cap.: xxxx xxxx xxxxx xxxx xxxx 496 xxxx xxxx xxxxx xxxx xxxxxxxxx Level Of Service Module: Stopped Del:xxxxx xxxx xxxxx xxxxx xxxx 97.4~xxxxx xxxx xxxxx xxxxx xxxx xxxxx LOS by Move: * * * * * F * * * * * * Movement: LT - LTR - RT LT - LTR - RT LT - LTR - RT LT - LTR - RT Shared Cap.: xxxx xxxx xxxxx xxxx xxxx xxxxx xxxx xxxx xxxxx xxxx xxxxxxxxx Shrd StpDel:xxxxx xxxx xxxxx xxxxx xxxx xxxxx xxxxx xxxx xxxxx xxxxx xxxx xxxxx Shared LOS: * * * * * * * * * · · · ApproachDel: 0.0 97.4 0.0 0.0 Traffix 6.8.1511 (c) :1995 Dowling Assoc. Licensed to W-Trans, Santa Rosa_, C~ REVISED TRAFFIC STUDY REDWOOD BUSINESS PAKK I. SETTING Regional access is provided by the State Route (S.R.) 101 freeway, while local access is provided by Talmage Road (S.R. 222), Airport Park Boulevard, South State Street, Hastings Avenue, Airport Road, Commerce Drive. and Norgard I~tne. Access through nearby residential streets to the north is possible via Old Talm:~ge Road, which connects to residential struts such ~ Betty. Lorraine and Marlene streets. A. ROADWAYS The S.R. 101 freeway has two travel lanes in each direction through Ukiah. The interchange at Tnlmage Road is a wide diamond design with two cloverleaf ramps. All ramps have single travel lanes. The two cloverleaf loop ramps provide access from eastbound Talmage Road to ~:~rthbound S.R. 101 and from southbound S.R. 101 to eastbound Taimage Road. The northbound off-ramp is stop sign controlled at Talmage Road. Both east- and westbound movements to Talmage Road from the northbound off-ramp are controlled at this location. The southbound off-ramp, however, splits into two separate lanes, one merging traffic omo eastbound Talmnge Road (via a cloverleaf ramp) and one providing westbound access only (i.e., only right tums allowed) to Talmage Road from a stop sign controlled 'Tee' intersection. This southbound off-ramp 'Tee' intersection centerline is located about 575 feet east of the centerline of the signalized Talmage Road/Airport Park Boulevard intersection. Within the 575-foot distance, there are two left turn lanes in sequence (end to end) for westbound traffic, providing about 90 feet of stacking space (3-4 car lengths) for westbound T~mage Road traffic mining left onto the S.R. 101 southbound on-ramp, and about 250 feet of stacking space (10 car lengths) for westbound Tnlmnge traffic turning left onto Airport Park Boulevard. Ali Talmage Road traffic accessing northbound S.R. 101 uses right turn access to two separate on-ramps. Talmaee Road (State Route 222) is for most of its length a well-paved, arterial roadway extending easterly from its 'Tee' intersection at State Street in Ukiah to its terminus at its intersection with F, astside Road/Sarfford l~nch Road east of the city limits. Talmage Road is signal controlled at Airport Park Boulevard and South State Street: otherwise it is not signal or sign controlled throughout its length. Taimage Road has two wide through travel lanes through its interchange with the S.R. 101 fi'~way. Its overpass of the freeway is 45 feet wide. At the interchange, the Talmage Road eastbound curb-travel lane becomes an exclusive right turn lane accessing the S.R. 101 freeway southbound on-ramp. The Talmage Road intersection with Airport Park Boulevard is just west of the freeway. Left turn lanes are provided on both approaches to the Airport Park Boulevard intersection. The T~mage Road at-grade railroad crossing is protected by ~utomatic gates ~1 flashing lights. Just west of the railroad crossing, Ta~mage Road wide-s to four travel lanes, two e~s'tbouad ~d two westbound. Further west, T~mage Road mrrows to two 12-foot lanes with intermittem curb, gut~r ~ sidewalk, then widens again at its intersection with South Sate Street where the roadway e~ls. At this si~Lized imersection, there are two westbouad app~ hines, o~e for left turns ~d one for right tufas, ~xl one 12-foot wide e~stbound depamu~ lane. Ain:~on Park Boulevard is a wall-paved, four-lane arterial roadway with raised media~, extending south from Talmage Road to its terminus just south of Commerce Drive. It is the major roadway serving the existing and future land uses in Redwood Business Park. At present, it serves the Wnl-Man store and ~ other developed parcels. Airport Park Boulevard is signal controlled at Talmage Road, but is not sign controlled at its intersection with Commerce Drive. Travel lanes on Airport Park Boulevard are 12 mad 14 feet wide (center mad curb lanes, respectively), while the raised landscaped medians are ~)out 16 feet wide, narrowing on two of the three (the north .nd south) Wal-Mart driveway approaches to provide room for southbound left mm lanes. At its intersection with T. lm. ge Road, Airport Park Boulevard has three northbound approach lanes, one of which is ~n I l-foot wide left 88 6/22195 CTG Page 1 Redwood Business Park turn lane with room for 6 to 7 cars to stack. There are numerous median breaks along Airport Park Boulevard to allow left tums to and from driveways of future'businesses. However, except for the Wal-Mart driveways, there are no left turn lanes on the approaches to these median breaks, other than at the Commerce Drive intersection. There is storage within median breaks for one to two cars only. Curbs and gutters and intermittent sidewalks atz in place fronting developed parcels: otherwise on both sides of the boulevard only curb and gutter is provided. Parking is not prohibited along the street, however, should on-street parking occur in the 14-foot wide curb travel lane, it would effectively reduce Airport Park Boulevard traffic flow to one lane only. There is no posted speed limit.I South State Street is a two- to four-lane, well-paved, north-south arterial wadway. It extends from its intersection with State Highway 253 (Ukiah-Boonville Road) and the S.R. I01 freeway, south of Ukiah. northward to East Perkins Street. where it becomes North State Street. State Street is the major north-south roadway serving downtown Ukiah. It is intersected by frequent driveways tlu'oughout its route. South of the project area. in the vicinity of its intersection with Norgard l~ne, South State Street has two travel lanes, with wide, paved shoulders and a centerline stripe. The posted speed is 45 mph; there are no curbs, gutters or sidewalks and on-street parking is allowed along the roadway shoulders. South State Street widens to three travel lanes, two southbound an done northbound, just south of the Washington-Hastings Avenue intersection. North of this intersection. South State Street widens to four lanes and continues as a four-lane street to the northern pan of town. The Washington Avenue-Hastings Avenue intersection is signalized, and left rums are provided on both State Street approaches to the intersection. At its signalized intersection with Talmage Road, South State Street has tour travel lanes with curbs, gutters and sidewalks on both sides of the street. There are 1 l-foot inside travel lanes and 20-foot curb lanes in both directions. There is no southbound left turn lane on the South State Street approach to. Taimage Road. Parking is allowed on both sides of the street, except immediately adjacent to the intersection's northwest corner. Hastiniz~ Avenue is a two-lane wadway extending approximately 1,200 feet easterly from its intersection with South State Street to an intersection with Airport Road. It is signal controlled at South State Street. The pavement is in good condition, having recently been repaved, and curb and gutter have been provided on both sides of the roadway. There is a 90-degree curve where Hastings Avenue meets Airport Road. Fronting uses along Hastings Avenue are residential (north side) and industrial (south side) near South State Street. To the east. lands are kept vacant to pwvide adequate clearance for airplane landings and takeoffs at the Uldah Municipal Airport. Hastings Avenue is within the Airport's Clear Zone acquisition area (in the roadway vicinity, the maximum height of structures is 17 feet), as determined by the Federal Aviation Administration (FAA). Airport Road is a two-lane road extending southward about three-quarters of a mile from its connection to Hastings Avenue. It dead-ends after turning eastward and crossing the California Northern Railroad tracks. Airport Road has recently been repaved between Hastings Avenue and Commerce Drive, however, south of Commerce Drive the roadway has average to poor pavement and no curbs, gutters or sidewalks. Fronting use are light industrial parcels (at the north end of the street), open lands surrounding the Ukiah Municipal Airport runways farther south along the west side of the roadway, and the California Northern Railroad right-of-way paralleling the east side of the roadway. For most of its length, the roadway maintains about a lO0-foot separation from the railroad. C0mmcrce Drive is a two-lane, 44-foot wide roadway extending eastward from its intersection with Airport Road to its dead-end near the S.R. 101 freeway. Commerce Drive cwsses the California Northern Railroad tracks at grade just east of Airport Road. There are ma automatic crossing gates or warning lights for this crossing, only two wooden 'railroad crossing' warning signs, however, installation of crossing gates and lights are pi:tuned to be in place sometime in 1995. They are one of the conditions of approval of the Wal-Mart pwject.: Commerce Drive ~The City Engineer states that Airport Park Boulevard is envisioned w have a posted speed of 35 mph. :Rick Kennedy, City Engineer, personal communication. 89 6/22/95 CTG Page 2 Redwood Business Park is well paved, with curbs and gutters on both sides and sidewalks on the nor,.h side of the street adjacent to newly developed parcels. Fronting properties are vacant lands within the Redwood Business Park with the exceptions of the previously mentioned business on the west side of Airport Park Boulevard (on the north side of Commerce Drive) and the Wal-Mart store on the east side of Airport Park Boulevard. Commerce Drive is proposed to be extended southward parallel to S.R. 101 to provide the easterly access to businesses within the Redwood Business Park development. It would then curve west and eventually intersect Airport Park Boulevard near the south end of the project site. NorgarO Da.ne is a two-lane roadway that extends easterly from its 'Tee" intersection with south State Street. It passes under the S.R. 101 freeway where the freeway bridges the California Northern Railroad tracks, and then dead-ends. It crosses the railroad at grade: there is a railroad crossing sign with warning lights at this location. Norgard Lane is stop sign controlled at South State Street. Pavement is in average to good condition: there are no curbs, gutters or sidewalks. The posted speed is 25 mph. Fronting uses are a church and light industrial uses near South State Street, with residential uses on both sides of the road to the east. Norgard Lane is level for the majority of its length: the exception is a short, steep, east-to-west incline on its approach to South State Street. Norgard I. mne does not presently serve the Redwood Business Park or Airport Business Park properties, however, the City's long-range plans are to connect Airport Road to South State Street via Norgard l.~ne, possibly with Norgard Lane realigned to intersect South State Street northerly of the existing intersection. 0Id Talmae¢ Road is the fourth (northerly) leg of the Airport Park Boulevard/'ralmage Road intersection. It connects to a network of two-lane residential streets (Betty, Lorraine, Marlene streets) located north of Talmage Road. B. RAILROAD The California Northern Railroad is oriented north-south through the City of Uldah. It is grade separated from S.R. 101 at two locations: in the vicinity of Norgard lame, south of the project site area: and in the vicinity of Ford Road. well north of the site area. The railroad track lies just west of the project site. paralleling its western boundao'. It crosses Talmage Road. Commerce Drive, and Norgard Lane at grade: the Talmage crossing has gates and flashing lights: the Norgard crossing has flashing warning lights only. C. TRAFFIC VOLUMES PM peak period volumes were counted by Crane Transportation Group staff on July 23 or August 15 or 16. 1991 and on November 17 and 18, 1994 at the Talmage Road/South State Street, Talmage Road/Airport Park Boulevard. and South State Street/Norgard I~ne intersections. The S.R. 101 on- and off-ramps at T:~lmage Road were counted on February 1, 1991 and November 17, 1994 and were adjusted to represent n~mmertime conditions. Current counts for S.R. 101 were obtained from Caltrans. Crane Traxsportation Group also conducted PM peak hour turn movement counts on November 18, 1994 at the South State Street/Hastings Avenue-Washington Avenue intersection, the Airport Park Boulevard/Commerce Drive intersection, and the Wal-Mart driveways along Airport Park Boulevard. The weekday PM peak traffic hour at all locations was found to occur between 4:30 and 5:30 PM. Figure I presents weekday PM peak hour volumes along local roadways providing ava:ess to the project site. D. INTERSECTION OPERATION Intersections, rather than roadway segments between intersections, are almost always the capacity controlling locations for any circulation system. Signalized intersection operation is graded based on a system called Level of 6/22/95 CTG Page 3 Redw~ Business Park Service (LOS) which ranges from Level A. indicating nncongested flow and mlnimuln delay to drivers, down to Level F. indicating significant congestion and delay on most or all intersection approaches. LOS C is the poorest level tolerated by the City of Ukiah. The Level of Service scale is also associated w/th a Volume to Capacity (V/C) ratio (TRB Circular 212) at each intersection. The V/C ratio allows a more detailed ex:am/nation of the impacts of a particular pwject. Detailed information about sigmlized analysis is presented in Appendix A. Unsignalized intersection operation is also graded using the Level of Service A through F scale. All-way stop intersections receive one letter designation reflecting operation of the entire intersection, with delay values calculated. Intersections with side streets only stop sign controlled also are evaluated using the LOS scale, although unlike signalized or all-way stop amlysis where the LOS designations pertain to the entire intersection, in side street stop sign control analysis LOS designations m computed for individual turn and through movements rather than for the entire intersection. Appendix A provides greater detail about umignalized amlysis methodologies. Table I shows that from a capacity standpoint, all but one study intersection is operating acceptably during the weekday PM peak traffic hour. Talmage Road at South State Street is on the borderline of acceptability by the City's standard, operating at LOS CID. E. SIGNALIZATION NEEDS Traffic signals are used to provide an orderly flow of traffic through an intersection. Many times they are needed to offer side street traffic an opportunity to access a major road where high volumes and/or high vehicle speeds significantly delay crossing or mining movements. They do not, however, increase the capacity of an intersection (i.e.. increase the intersection's overall ability to accommodate additional vehicles) and, in fact. often slightly reduce the number of total vehicles that can pass through an intersection in a given period of time. Signals can also cause an increase in traffic accidents if installed at inappropriate locations. The warrant criteria used in this report is shown in Appendix A (Caltram Peak Hour Warrant #11). Currently, the Talmage Road/S.R. 101 southbound to westbound off-ramp intersection exceeds the Caltram Rural Warrant # 11 and approaches meeting (is 90 percent of the way toward meeting) the Urban Wanam # 11. This is considered a l;ignificant impact. All other analyzed unsignaJized intersections have peak volumes well below warrant levels. F. PLANNED IMPROVEMENTS There are cumenfly no planned or pwgrammed impwvements in the project vicinity by the County~ or Caltrans,~ although both the City and Caltrans have recognized the need to reconfigure the Talmage Road/S.R. 101 interchange at some time in the future. The City of Uldahs has plans for the following impwvements to City streets: · Talmage Road (a prax of which is presently under Caltrans jurisdiction) will eventually be transferred to the City's jurisdiction. The City states that Tahnage Road will potentially be widened to a continuous four-lane roadway from the S.R. 101 interchange to South State Street at some time in the future. No time frame has been 3Mr. Stan Townsend, County of Mendociao Public Works Department, personal communication. 'Mr. Dick Carstensen. Tramportation Planner, Caltrans District 1, personal communication. SMr. Rick Kennedy, City Engineer, City of Ukiah, personal communication. 6/22/95 CTG Page 4 Redwood Business Park 91. set for this project. As a condition of approval of the Wal-Mart pwject, cwssing gates and warning lights will be installed at the California Northern R,xilroad crossing with Commerce Drive sometime in 1995. · Airport Road will eventually be extended soutlm'~to Norgard I.rme. Nofgard I.,xne will be realigned and widened and will potentially have a new (mo~ connection to South State Street. Norgard Lane would be the designated route for heavy trucks serving the entire Airport Industrial Park (of which Redwood Business Park is a part). It would be constructed as a wide, two-lane street. As yet, there is no time frame for this project. however, this traffic study assumes a southern connection to the Redwood Business Park via Norgard Lane, Airport Road. and Airport Park Boulevard (see Figure 1). · Airport Park Boulevard will be extended southward, to terminate near the southern end of the Redwood Business Park. · Commerce Drive will be extended south to serve Redwood Business Park properties near the S.R. 101 freeway, then curve we.ste.rl_)~ to termi~t.e_Rt an inte~e.c3j_o..l!.with Airport Park Boulevard. G. TRANSIT SERVICE The Mendocino Transit Authority (MTA) coordinates service in the project vicinity, currently, the Willits-Ukiah Express Route (Route 21) serves South State Street, with a bus stop at the South State Street/Taimage Road intersection. 'lifts is the closest bus service to the project site. H. OBSERVED SAFETY CONCERNS · The Commerce Drive at-grade rmlro~smg has no automauc crossing gates or warmng hghts. This presents an existing safetyconcern that. ~fill--hicrease as traffic increases on this road. (As stated above, gates and warning lights are scheduled to..Ig4~talled in 1995.) · The pavement condition is poor on Talmage Road through the California Northern Railroad crossing. The pavement is buckled and cracked, in-between and on both sides of the treks, ~using traffic to slow significantly tl~rough this segment of the roadway, and raising traffic safety concerns. · West of the California Northern Railroad crossing there is a deep drainage ditch along the south side of Talmage Road adjacent to the airport runway. There is no curb, gutter or sidewalk along the south side of the road. Due to the narrow width of the roadway and intermittent, narrow, unpaved shoulders, conditions are poor for bicyclists and pedestrians through this section. This is ~n existing safety concern. · Based upon Caltrans criteria, the viewing sight distance for southbound vehicles stopped at the Talmage Road/S.R. 101 southbound-to-westbound off-ramp intersection stop bar (and the stopping sight distance for Talmage Road westbound vehicles approaching the [same] S.R. 101 southbound-to-westbound off-ramp intersection) is limited to approximately 180 feet to the east of the intersection. This is due to the combination of the vertical curve of the overpass and the concrete walkway barrier separating the pedestrian overcrossing's walkway from the travel way. Drivers ai the stop bar are unable to see oncoming (westbound) vehicles for a sufficient distance to safely judge when to turn right from the off-ramp onto Talmage Road, and westbou~ drivers do not have sufficient stopping 92 6/22/95 CTG Page 5 Redw~ Busine~ Park sight distance,s Off-ramp drivers must pull the front of their vehicle into the intersection to obtain better sight lines. This safety issue will be of increasing concern as growth results in traffic volume increases at this intersection. II. ,IMPACTS A. CRITERIA FOR DETERMINING SIGNIFICANCE OF IMPACTS For purposes of this report, Crane Transportation Group has employed the following criteria for determining the need for mitigation of impacts. A traffic impact would require rniti~tion if: · The existing Level of Service (LOS) of an intersection is A. B, or C, and the addition of project- or cumulative-related traffic results in a change to LOS D or poorer peak hour operation: · The existing LOS of an intersection is D, and the addition of project- or cumulative-related traffic results in a change to LOS E or poorer peak hour operation: · Project- or cumulative-related traffic volume increases cause an intersection to meet one or more signal wa. rt'a$1ts; or · The addition of project- or cumulative-related traffic would, in the opinion of the EIR traffic consultant. create a major safety problem. B. PROJECT TRIP GENERATION The proposed Redwood Business Park consists of office, retail, industrial and restaurant uses. as well as the expansion of the existing Wal-Mart store. The gross daily traffic volume from all uses is projected to be 22.490 two-way trips with 965 inbound and 1,220 outbound vehicle trips during the PM peak traffic hour (see Table 2). Not all project-generated traffic (as detailed in Table 2) would be expected to reach the local arterial roadway system (Talmage Road, South State Street or beyond) as there would be some internal back and forth travel between project land uses. As shown in Table 3, during the PM peak traffic hour some project employee trips would be expected to access project shopping/restaurant uses on their way home, as well as stopping at the existing Wal-Mart store. Likewise. there would be back and forth trips between the existing and expanded Wal-Mart store and the project's proposed shopping/restaurant uses. The total amount of internal trip capture is a function of the logical (realistic) number of potential customers that can be captured from the total internal supply of vehicles. Based upon historical research by the Institute of Transportation £ngineers,7 inmmal or "passby' capture is a function not only of the size of a particular r~tail development but also the amount of traffic on the street system adjacent to the 6Adequate stopping sight distance at a design speed of 45 mph would be 325-400 feet, according to the American Association of State Highway and T~rtation Officials' (AASHTO) Policy on Geometric Design of Highways and Streets, 1990, Table IH-l, page 120. The Caltrans Highway Design Manual, February 13, 1995, Table 201.1, Sight Distance Standards shows the minimum stopping sight distance to be 360 feet. ?Trip Generation, 5th Edition, Institute of Transportation Engineers, 1991. 6/22/95 CTG Page 6 Redwood Business Park 93 development. Based upon both factors, about 18.percent of traffic generated by the proposed project and the existing Wal-Mart store would be expected to remain within the project site. In addition to interml ~ps, the proposed project's reail/resaurant uses would be expected to am-act a portion of their total ~astomer base from vehicles already traveling on Talmage Road ('at Airport Park Boulevard) and on South Sate Str~: tat Hastings Avenue). Such attraction is referred to as a diverted linked trip. Negative numbers presented ~n Figure I for project trip distribution at various intersections along Tglmage Road and South Sate Street indicate d~version of existing traffic volumes into the site. Overall, about 15 percent of total project gross trip generation was projected to come from existing local traffic along Talm~ge Road and South Sate Street. C. PROJECT TRIP DISTRIBUTION , ~ Project traffic was distributed to the local roadway system as shown in Figure.. 1¥ Distribution patterns were based upon the ex.isting Wal-Mart traffic patterns, the EIR traffic engineer's knowled/ge of existing patterns of travel in the local ic~ during the PM peak traffic hour, as well as upon the distribution of regional population. Counts conducted -~t the Wal-Mart driveways were used as indicators of the distribution of retail trips. Additionally, the City Engin~r provided observations of local traffic patterns. Consideration was given to each type of land use proposed wi~n the Business Park, and the differences in the number and direction of employee and customer trips amving anj departing in relation to each land use proposed. It should a/so be noted that a small increment of existing area traffic flow was projected to use the new through route com:v:tion from Talmage road to South Sate Street (via Airport Park Boulevard-Commerce Drive-Airport Road-Nor.card Lane) and divert away from the alternative South Sate 5treet-Talmage Road routing. D. PROJECT TRAFFIC IMPACTS Traffic going to and from the project site would turn onto Airport Park Boulevard from Talmage Road on the north and from Hastings Avenue. Commerce Drive and Norga.rd ~ on the south. The largest percentage of to~ project traffic, about 63 percent, would use the Talmage Road access, arriving from central Ukiah via South State Street, or the neighborhood immediately north of the Business Park, or via the S.R. 101 freeway. Of the 63 percent using Talmage Road, 31 percent would use the freeway, with slightly over three-quarters traveling to/from the north and slightly under one-quarter traveling to/from the south on S.R. 101. Smaller amounts of project traffic, about 31 percent, v,'ould use Hastings Avenue-Airport Road-Commerce Drive to access the site, and about 6 percent would use Norgasci Lane-Airport Road-Commerce Drive-Airport Park Boulevard. a) - Traffic Volumes "4 Figure I ~ows the evening peak traffic hour(4:30-$:30) uaffic increases from the proposed project on study area roadways. b) ]met'section Or, ration As shown in Table 1, traffic from the proposed project would result in unacceptable operating conditions during the PM peak traffic hour at the following intersections: 1) Operation of the signalized South State Street/Talmage Road intersection would deteriorate from LOS C/D ~V/C .80) to LOS D (VIC .88) during the PM peak hour. This would be a sitmificant imvact. 2) The signalized Talmage Road/Airport Paxk Boulevard intersection would deteriorate from LOS 94 6/22/95 CTG Page 7 Redwood Business Park A (V/C .45) to an unacceptable LOS E (V/C .96) during the PM peak hour. This would be a significant impact. 3) Both the Talmage Road unsigmlized intersections with the $.R. 101 off-ramps (southbound-to- westbound and northbound ramps) would have turning movements operating unacceptably at LOS D. The southbound-to-westbound off-ramp intersection would be on the borderline of meeting the Caltrans Urban Signal Warrant # 11 criteria and the northbound off-ramp intersection would meet the Caltrans Rural Signal Warrant gl 1 criteria. The northbound off-ramp intersection would not, however, meet Urban Signal Warrant g I 1. These would be significant imt~acts. 4) The South Sate Street/Hastings Avenue-Washington Avenue signalized intersection operation would deteriorate from LOS B (V/C .65) to an unacceptable LOS E (V/C .93) during the PM peak hour. This would be a significant imt~act. 5) The Airport Park Boulevard/Commerce Drive unsignalized intersection would have stop sign controlled taming and through movements from Commerce Drive operating unacceptably (from Level of Service D to F). Volumes at this imersection would be on the borderline of meeting Caltrans Urban Signal Warrant g I 1 criteria. These would be ~ienificant imt~acts. Turning movements at the remaining study intersections, South Sate Street/Norgard Lane and Talmage/S.R. 101 Southbound On-Ramp, would operate acceptably, at or better than LOS C. Sign,xl warrant criteria would not be exceeded at either location. c. Roadway Impacts and Safety Concerns 6) The existing stopping sight distance safety concern at the stop sign controlled S.R. 101 Southbound Off-Ramp/Talmage Road intersection would be aggravated with the addition of project traffic. This would be a significant impact. As sated, traffic volumes at this location would exceed Caltrans Rural Signal Warrant gl 1 criteria and meet Urban Signal Warrant gl I criteria. These would be ~i~nificant imt~acts. 7) The 250-foot long left mrn lane on the westbound T:almage Road approach to Airport Park Boulevard has a current demand of about 120 vehicles during the weekday ambient PM peak traffic hour. The length of the existing turn lane is adequate for this demand. However, the project would increase vehicular demand for use of the left mm lane to about 435 vehicles. The existing 250-foot left turn lane is not long enough to accommodate this demand. Therefore, left-turning vehicles would be expected to back up into the westbound through traffic lane during peak traffic periods. This would be a ~ignificant impact (safety and ooerafional concern. 8) With the connection of Airport Road to Norgard Lane, the South State Street/Norgard Lane intersection taming movements would operate acceptably at LOS C during the PM peak traffic hour. However, operation of the left mm movement from Norgard Lane would be close to LOS D conditions. As the designated heavy truck route, the lack of left or right turn deceleration lanes on the South State Street approaches to this intersection would create significant safety concerns, as would the gradient on the westbound Norgard I~ane approach. The existing steep grade would presem significant problems for large trucks to accelerate from Norgard Lane to turn left or right onto South State Street. (The degree of difficulty for trucks to accelerate and complete this mm would, of course, depend upon the steepness of the grade at the location of the future Norgard I~ne connection to South State Street.) These would be si~ficant imtncts. Note: The connection of Airport Road to Norgard Lane is not essential to Redwood Business Park traffic access and circulation. If all traffic projected to use Norgard Lane were shifted to the South State Street/Hastings Avenue intersection, the intersection could function acceptably (although it would require improvements [widening] to accommodate the increased traffic volume and heavy truck turning movements). However, provision of this third major access to the business/industrial area represents good planning practice for overall cixculation into and out 6/22/95 CTG Page 8 Redwood Business Park of the Business Park.. It is recognized that construction of this roadway connection would introduce existing-plus- project PM peak hour two-way traffic volumes as high as 180 vehicles, or 295 vehicles (cumulative total), many of which would be heavy trucks. These volumes would be added to an existing residential area with very iow level traffic volumes. This volume of traffic, especially the truck component, would raise noise and traffic safety concerns for residents of the neighborhood. These would be significant imf)acts. There is no established route for the southward extension of Airport Road or widening and realignment of Norgard Lane. Wherever the extensions occur, existing housing will be adversely affected by the additional traffic. especially by the noise and traffic safety concerns presented by the heavy truck component of traffic. These would be ~ignificant impacts. There is no site plan for any land use component of the proposed project. However, based upon the generalized categories of land use, expected traffic volumes and types of vehicles anticipated, the following impacts have been identified. It is assumed that flashing warning lights and crossing gates will be installed at the railroad crossing on Commerce Drive within the year (1995). Thus. this is not considered to remain a significant safety concern. 9) As described in the setting section, Airport Park Boulevard has been constructed with raised medians and frequent median breaks. These breaks generally correspond with the lot division pattern, to provide a median break and access driveway for every fronting lot, or to be shared by two lots at the lot line along the boulevaxd throughout the Redwood Business Park area. The present configuration of the roadway is of concern. however, due to the potential frequency of driveways, especially on the west side of the street between Talmage Road and Commerce Drive. Project vehicles would be making right turns directly to or from the 14-foot wide curb travel lanes, or would be crossing at least two lanes to complete outbound left turns through a median break. While this configuration of Airport Park Boulevard would function acceptably with iow levels of traffic, as the Business Park develops and traffic increases, vehicles slowing to turn into driveways, or causing disruptions to through traffic when exiting driveways, will be a major factor in preventing an efficient flow of traffic in and out of the project site, especially during pea3: traffic periods. These would be significant impacts. 10) For many businesses within the Redwood Business Park, truck traffic would be a component of the overall volumes generated by the development. If sufficient curve radii are not provided at driveways, the existing 12- and l~-foot lane widths along Airport Park Boulevard would not provide sufficient maneuvering room for large trucks to enter and exit driveways without swinging wide to consume most or all of both lanes. In addition, truck turn movements to/from driveways along Commerce Drive could disrupt traffic flow along this street. These would be simaificamt imvacts. 1 I) If the southern portion of Airport Park Boulevard is designed to the same dimensions as the northern (in-place) portion, significant t~roblems will result from: 1) vehicles stacking in the median lane to mm left at median breaks lacking left turn deceleration lanes, 2) curb lane thi'ough traffic being forced to slow due to right-turning vehicles entering and existing at numerous driveways along the boulevard, and 3) large trucks slowing through uaffic while making tums in and out of driveways - these turns would require use of both through lanes, unless adequate curve radii are provided. These would be si~t, nific~mt imt~acts. The extension of Commerce Driveway (as a U-shaped road to terminate at a [southerly] 'Tee' intersection with Airport Park Boulevard) should function acceptably for access to the proposed land uses if constructed to its full 4~l-foot curb.to-curb width (with no on-street parking allowed). 12) For Lot Ala (thc property between Wal-Mart and Talmage Road where a resmuant is propose), the location of driveways and internal roadways cannot be aaal~, m no site plan is available. However, there are several site planning considerations that should be addressed at this initial stage. If the primary site entrance 6/22/95 CTG Page 9 Redwood Business Park is located at the southwest corner of the lot, it would share the Wal-Mart driveway near the Talmage Road/Airport Park Boulevard intersection. This would further add to turning movements at this driveway, introducing the potential for disruption of through traffic flow in Airport Park Boulevard in close proximity to the Talmage intersection. This would be a sitmificant imvact. Also of concern is the need for more than one access driveway for Lot A la for safety reasons, such as emergency access. It would not be advisable to introduce driveway aiming movements directly onto Talmage Road for the same reasons as have been detailed for Airport Park Boulevard. Turn movements to/from any driveway access along Talmage Road between Airport Park Boulevard and the freeway would obstruct traffi: flow onto the S.R. 101 southbound on-ramp. It would also result in left turn in- and outbound movements, even if signed as illegal. This would be a sitmificsnt imvact. If a second driveway is provided along the southern perimeter of Lot Ala, opening onto the Wal-Mart parking lot, while it would affect the Wal-Mart site plan it would provide the least disruptive secondary connection from a traffic standpoint. 13) The extensions of Commerce Drive. Airport Road and redesign of Norgard Lane would have to be of sufficient width to accommodate heavy truck turning movements. The same safety and design concerns at intersections and driveways would apply to these roads as are listed for Airport Park Boulevard. These are ~i.~nificant safety concerrgs. III. CUMULATIVE IMPACT~; A. CUMULATIVE PROJECTS Table 4 lists developments considered in the cumulative analysis. The list of cumulative projects was obtained from the City of Ukiah planning Department. B. TRAFFIC VOLUMES Figure I shows the cumulative total PM peak hour (4:30-5:30) two-way traffic volumes on study area roads. C. INTERSECTION OPERATION-CUMULATIVE CONDITIONS As shown in Table 1, cumulative traffic would result in unacceptable operating conditions at the following intersections: 14) Operation of the signulized South State Street~almnge Road intersection would deteriorate from LOS D (V/C .88) with total buildout of the proposed project, to LOS E (V/C .91) with the cumulative traffic volume increment. This would be a silmificant imvact. 15) The Talmage Road/Airport Park Boulevard intersection, operating at LOS E (V/C .96) with buildout of the proposed project, would operate at LOS F (V/C 1.07) with cumulative traffic volumes (and existing geometrics). This would be a sit, nJficant immact. 16) Both the Talmage Road unsigmlized intersectiom with the S.R. 101 off-ramps (southbound-to- westbound and northbound ramps) would have turning movements operating unacceptably at LOS D (the same as with buildout of the proposed project). Volumes ax the northbound ramps intersection would be on the borderline of urban peak hour signal wan'ant criteria levels and would exceed rural peak hour signal warrant criteria levels. Volumes at the southbound-to-westbound off-ramp intersection would exceed both urban and rural peak hour warrant 6~22/95 CTG Page 10 Redwood Business Park criteria levels. These would remain si~)nificant imv~c~. 17) The South State Street/Hastings Avenue-Washington Avenue signalized intersection operation would deteriorate from LOS E (V/C .93) to LOS ElF (VIC 1.00). This would be a siunificam impact. 18) The Airport Park Boulevard/Commerce Drive unsignalized intersection would have stop sign controlled naming and through movements operating unacceptably at LOS E to F. Voltunes would exceed urban peak hour signal warrant criteria levels. These would be si~nificam imDacts. 19) The South State Street/Norgard Lane unsignalized intersection westbound left turn movement would operate unacceptably at LOS D. Volumes would exceed rural peak hour signal warrant criteria levels. These would be ~ignificant impacts. D. ROADWAY IMPACTS-CUMULATIVE CONDITIONS 20) The range of roadway impacts and safety concerns cited for buildout of the proposed project would also apply to cumulative conditions. IV. MITIGATIQNS A. EXISTING-PLUS-PROJECT CONDITIONS Table 4 shows mitigated intersection levels of service. 1. The South State Street northbound approach to the Talmage Road intersection should be changed from a single through lane and a combined through-right lane, to two thxough lanes and a separate right turn lane. This improvement will require modifying the curb and relocating the signal on the southeast comer of the intersection in order to provide adequate pavement area for safe truck turn movement. Resultant existing-plus-project PM peak hour operation would be LOS C (V/C .76). This would mitigate impact gl. 2. Two westbound left turn lanes should be pwvided at the Tahnage Road/Airport Park Boulevard intersection. The second lane should be as long as the existing 250-foot lane to accommodate traffic generated by buildout of the proposed project.I the northbound approach lanes should be restripecl from a single left lane, a single through and a combined through-right turn lane, to separate left, through and right turn lanes. Provision of the second turn lane on the westbound approach will potentially also necessitate modifications to the Talrnage Road/U.S. 101 Southbound On-Ramp intersection. Resultant existing-plus-project PM peak hour operation would be LOS C (VIC .73). Signal phasing priority should be given to westbound (dual left-turning) traffic. The signal at Talmage Road/Airport Park Boulevard should be coordinated with the signal at the Talmage Road/S.R. 101 southbound-to-westbound ramp intersection so that the westbound Talrnage Road approach to Airport Park Boulevard is allowed to clear when approaching storage capacity. Thus, the signal system will require monitoring as growth occurs in the Redwood *Based upon 90-second signal cycle at Talmuge RoM/Airport Park Boulevard. Assumes a 50 % safety factor. Source: Caltrans Highway Design Manual, Section 405.2, Left Turn Chanaelization, February, 1992. 6/22/95 CTG Page 11 Redwood Business Park (. Business Park to maintain this signal phasing priority. These measures would mitigate impact g2. Note: This mitigation assumes that the heavy truck route to/from the Business Park is via Norgard La.ne. 3. a) The Talmage Road/S.R. 101 southbound-to-westbound off-ramp intersection should be si.tn~alized. when warranted. Volumes at this location (off-ramp and westbound Talmage Road only) would exceed Caitmns Rural Warrant #11 and be on the borderline of Urban Wan-ant #1 ! with traffic volumes from the proposed project. The following improvements are also tecornmended in addition to the southbound off-ramp si.t, nal: The southbound-to-westbound off-ramp should be widened to two lanes. °A second westbound lane (extending. as a through lane through the ~ Pad~ Boulevard intersection) would be needed starting at the southbound-to-westbound off-ramp. b) The Talmage Road/S.R. 101 northbound off-ramp intersection should be signalized, when warranted. Volumes at this location would exceed Caltrans Rural Warrant #11 with traffic volumes from the proposed project. The rural warrant is used because of the existing high speeds at this location (greater than 40 mph). However, if under future conditions, such as due to signalization at the S.R. 101 southbound off-ramp, speeds are not greater than 40 mph at this location, a signal would not be needed but provision ora separate left turn lane on the off-ramp approach would be necessary. These measures would mitigate impact #3. If si.t, nalized, timing at the northbound off-ramp intersection should be coordinated with that at the southbound off-ramp 'and Airport Park Boulevard intersections. Resultant existing-plus- project PM peak hour operation would be LOS A (V/C .59) [southbound-to-westbound off-ramp], and LOS A (V/C .42) [northbound off-rampI. 4. The South State Street/Hastings Avenue-Washington Avenue intersection would require provision of a second th.rough lane on the South State Street northbound approach, and a separate right turn lane on the Hastings Avenue westbound approach. With these mitigations, the intersection would operate acceptably at LOS C (VIC .74) with existing-plus-project PM peak hour traffic volumes. This would mitigate impact #4. 5. The Airport Park Boulevard/Commerce Drive intersection should be signed as an all-way stop. Resultant existing-plus-project PM peak hour intersection operation would be LOS C. This would mitigate impact 6. Signalization of the 'lain'age Road/S.R. 101 Southbound Off-Ramp intersection, as recommended in mitigation measure #3, would also mitigate the viewing and stopping sight distance safety, concern identified in impact *'ti. It is recommended that flashing warning lights and signs be posted on the overcrossing to alert westbound drivers to the upcoming signal. Additionally, as an interim roeasm~ (until the si.t, nal is installed), it is recommended that warning lights and signs be posted on the overcrossing to alert westbound drivers to the upcoming off-ramp intersection. These measures would mitigate impact ~. 7. Provision of the second 250-foot long westbound left turn lane at the Talmage Road/Airport Park Boulevard intersection, as recommended in mitigation measm'e g2, would mitigate the safety concern described in impact #7. 8. When Airport Road is extended to Norgard I~me, left and right mm deceleration lanes should be provided on the South State Street intersection approaches to Norgard lane to accommodate heavy truck turning movements. In addition, Norgard Irene should have n two-lane approach to South State Street, one for left tums and one for right turns. The vertical aligmamat of the Norgard Lane approach to South State Street should also be changed to provide a minimulll of' 100 feet of grade level with the South State Street intersection. (Note: There would be an impact resulting from this mitigation: If constructed along the present Norgnrd I.,me right-of-way, the fion~ lots along Norga.,xt I.,me near the intersection would be below [at a lower elevation than] Norge-d Lane. Acceptable am to these lots would have to be considered in the planning stages of the Norgard I~ne improvements.) Depending upon the prominence of the Norgard l~e access to the Business Park (i.e.. freeway signing, signs on South State Street, etc.), actual traffic volumes could be higher or lower than are projected in this study. Although not warranted by the traffic volumes projected for this intersection, consideration should be given to provision of a signaJ at the South State StreeffNorgard I~.ne intersection. The signal could be actuated by Norgard I~ne traffic approaching South State Street. This would facilitate the slow movement of outbound trucks turning onto South State Street. increasing safety at this intersection by stopping relatively high speed through traffic on South State Street while trucks are turning out of the Business Park area. This would provide additional mitigation for the safety concerns cited under impact #8 regarding truck turning movements at the Norgard Lane/South State Street intersection. It is recommended that a wute be chosen for the Airport Road southerly extension that is least disruptive to existing residents, such as adjacent and parallel to the existing California Northern Railroad tracks. This alignment would minlmi:,e the number of homes directly impacted by the Airport Road portion of the route. Design of the route should emphasize measures that would protect pedestrians, bicyclists, and children at play. These measures would mitigate impact #8. 9. Mitigations to impacts #9, #10 and #11 are as follows: · Access driveways along Airport Park Boulevard should be minimized throughout the Business Park. In addition, fight turn deceleration lanes should be provided on Airport Park Boulevard approaches to all major driveways. At median breaks or at intersections where U-tums would occur, the roadway should be widened to facilitate these movements (including the mining movements of large trucks). · Separate left mm deceleration lanes should be installed on the approaches to all Airport Park Boulevard median breaks. · Throughout the Business Park, driveway and intersection curve radii should be designed to accommodate heavy truck mining movements, consistent with the requiremems of the City Engineer. · The Airport Park Boulevard southward extension should be a wide, four-lane roadway, incorporating all of the above-listed mitigations (in mitigation #9). 10. The northerly driveway intersection on Airport Park Boulevard to be used for access to Lot A la (now used by Wal-Mart) should be channelized to allow fight turns in and out and left turns in only. Left turn outbound movements should be prohibited. This would reduce conflicting traffic movements near the Airport Park Boulevardrralmage Road intersection. No au'ns into or out of Lot Ala should be allowed along Talmage Road. A secondary access should be considered from Lot Ala into the Wal-Mart parking area (at the east end of the site) to provide for emergency access a~l better traffic flow to/from LOt Ala. These measures would mitigate impact #12. 11. The extensions of Commerce Drive, Airpon Road, and the redesign of Norgard Lane should be constructed as wide, two-lane facilities of sufficient width to accommodate heavy truck turn movements. The design principles listed in mitigation measure #9 should be applied to the planning and design for these facilities. These measures would mitigate the safety concerns raised under impact #13. B. CUMUlaTIVE CONDITIONS 12. The South State Street northbound approach w the Talmage Road intersection should be restriped as described for the proposed pwject: two through lanes and a separate fight turn lane. The resultant PM peak hour intersection operation would be LOS C (VIC .79).. This would mitigate impact #14. 100 6F22/95 CTG Page 13 Redwood Busine~ Park 13. The dual westbound left mm lanes and signal phasing priority required for existing-plus-project conditions at the Talm:~ge Roact/A~ort Park Boulevard intersection would provide acceptable operation for cumulative conditions (LOS C, V/C .79). This would mitigate impact #15. Caluans has also recommended provision of a second northbound left mm lane in order to cie, ar traffic more quickly through the intersection from Airport Park Boulevard and allow more green time for the westbound Talm~ge Road approach (thereby reducing the potential f6r backups to the freeway ramp ir~tersections). Provision of a second northbound left turn lane would produce LOS B (V/C .69) PM peak hour existing-plus-project operation and LOS C (V/C .76) PM peak hour cumulative operation. The reason for only a sm:~il increment of improvement with this second northbound turn lane is that right turns quickly become the critical northbound movement at the intersection after the reduction in green time for left turns obtained due to the second northbound left Pain lane. 14. Mitigation measure #3 described for existing-plus-project conditions at the Talmage Road intersections with the S.R. 101 southbound-to-westbound and S.R. 101 northbound off-ramps would also apply to cumulative conditions. Resultant PM p.ak hour intersection operation would be LOS B (V/C .61) and LOS A (V/C .45). respectively. This would mitigate impact #16. 15. The South State Street/Hastings Avenue-Washington Avenue intersection would require, in addition to the separate westbound right rum lane and second northbound through lane required for existing-plus-project conditions. a separate eastbound left rum lane for cumulative conditions. The resultant PM peak hour intersection operation would be LOS B/C (V/C .70). This would mitigate impact #17. 16. The Airport Park Boulevard/CoMmerce Drive (existing-plus-project) all-way stop controlled intersection would require provision of separate eastbound and westbound right turn lanes with cumulative traffic volumes. Resultant PM peak hour intersection operation would be LOS C. The cumulative total volumes at this intersection would meet Caltrans Urban Signal Warrant gl 1: signalized intersection operation would be LOS B (V/C .61). The City should monitor growth in traffic volumes at this intersection to determine the appropriate time for installation of a signal. These measures would .~gado~ impact t/18. 17. The South State Street/Norgard Lane unsignalized intersection should be signalized, when warranted. Resultant PM peak hour operation would be LOS A (V/C .33) with inclusion of deceleration lanes on the north- and southbound intersection approaches as well as left and right mm lanes on the Norgard intersection approach. This would mitigate impact #19. The measures recommended to mitigate existing-plus-project roadway impacts (measures #6 through #l I) would also apply to cumulative conditions. 101 6/22/95 CTG Page 14 Redwood Business Park TABLE 1 Redwood Business Park Intersection Level of Service Existing Existing + Project Cumulative Intersection Volumes Volumes Volumes Taimage:State Street C/D -. 80' D -. 88 E - .91 Talmage.Airpon Park Boulevard A - .45~ E - .96 F - 1.07 Talmage.'S.R. 101 Southbound On-Ramp Aa A B Talmage.'S.R. 101 Southbound-to- A3 D D Westbound Off-Ramp . Talmage'S.R. 101 Northbound Off-Ramp C" D D South State Street/Hastings Avenue B - .65~ E - .93 ElF- 1.00 Airport Park Boulevard/Commerce Drive AA/AAs FD/ED FE/EE South State Street/Norgard Road C/As C/A D/A level of service, volume/~pacity ~tio Unsigmaliz~ level of service - westbound leR mm Unsign~lized level of service - southbound fight turn Unsign~iized level of service - northbound left turn Unsignaliz~ level of service - ~stbound lell-through/westbound left-through Umignalized level of service - westbound left/southbound left MITIGATED RESULTS Existing Existing + Project Cumulative Intersection Volumes Volumes Volumes Talmage,'State Street C- .76~ C- .79 Talmage'Airpon Park Boulevard C - .73: C - .79 Taimage:S.R. 101 Southbound On-Ramp B - .69a C - .76 Talmage:S.R. I01 Southbound-to- A- .59" B- .61 Westbound Off-Ramp , Talmage/S.R. 101 Northbound Off-l~amp A- .42" A - .45 South State Street/Hastings Avenue C - .74s B/C - .706 Airport Park Boulevard/Commerce Drive A - .55' ,B - .61 South State Street/Norgard Road A - .33'a Northbound approach clinked from T/TR to T/T/R Westbound from I...T,TR to 2L,T,TR Westbound from L,T,TR to 21..,T,TR - northbound from t.,T,TR to 21.,T,R Signalized Westbound from LTR to LT, R - northbound from L,TR to L,T,TR Eagbound from LTR to L, TR - northbound from L, TR to L,T,TR - westbound from LTR to LT,R 'rum lanes on aU approaches T - Through Im~ R - Exclusive rig~ mm l~ne L - Exclusive left mm I~g S~ree: Cr-~e Transportation Group 102 6/22/95 CTG TABLE 2 Project Trip Generation Redwood Business Park PM Peak Hour Daily In Out Size Use (so. ft. ~ Rate Vol Rate Vol Rate Vol I I Parcel ,MA Restauraat 5.000 205.36 1.030 8.78 45 7.48 40 Parcels A2-A7 Office/Retail 67.000 11.42 770 0.23 15 1.28 85 Parcels West of Airport Park Blvd, Industrial Park 373,500 6.97 2,610 0.19 75 0.72 270 Parcels East of Airport Park Blvd, Retail 400,000 *' 16,810 *~ 795 ,a 795 Wal-Mart Expansion 18,000 70.13 1,270 1.78 35 1.65 30 Total Project 22,490 965 1,220 ~ Ln(T) = 0.625 Ln(X) + 5.985 2 Ln(T) = 0.637 Ln(X) + 3.553, 501/ In, 50% Out Trip Rate Source: Trip Generation, 5th Edition, Institute of Transportation Engineers, 1991. Compiled by: Crane Transportation Group 6/22/95 CTG Redwood Busineas Park · TABLE 3 Redwood Business Park PM Peak Hour Internal Trip Allocation Retail Shopping Center (400,000 sq. ft.) Inbound Trips Gross Total ?95 To/From Restaurant - 5 - I0 To/From Wal-Mart Expansion - 10 - 10 To/From Existing Wal-Mart - 45 - 45 To/From Employment - 50 - 10 Net New Trips External to Site 685 720 Restaurant (5,000 sq. ft.) Outbound Trips 795 Inbound Trips Gross Total 45 To/From Shopping Center - 10 - 5 To/From Wal-Mart Expansion - 5 - 5 To/From Existing Wal-Mart To/From Employment Trips External to Site 20 Net New Outbound Trips ~0 -5 -5 20 Wal-Mart Expansion (18.000 sq. fi.) Gross Total To/From Shopping Center To/From Restaurant To/From Employment Net New Trips External to Site Inbound Trips 3S - 10 -5 1S (continued next page) 104 , , Outbound Trips 30 - 10 0 15 6/'22/95 CTG Redwood Business Park tv. TABLE 3 (continued) Redwood Business Park PM Peak Hour Internal Trip Allocation Employment I'Office/Industrial Park) (400,000 sq. ft.) Inbound Trips Total To/From Restaurant - 5 5 To/From Shopping Center - 10 - 50 To/From Wa-Man Expansion 0 - 5 To/From Existing Wal-Man - 5 - 20 Net New Trips External to Site 70 27S Outbound Trips 355 Existing Wal-Man Inbound Trips 245 Gross Total To/From Shopping - 45 - 45 To/From Restaurant - 5 - 5 To/From Employment - 20 - 5 Net New Trips External to Site 175 210 Outbound Trips 265 Gross Trips Two-Way Total Total Net New Trips External to Site Percent Net New Two-Way Trips External to Site (when including existing Wal-Mart) 2,695 2,205 82% Source: Crane Transportation Group 105 6/22/95 CTG Redwood Business Park TABLE 4 Cumulative Project Trip Generation Redwood Business Park ,m Weekday PM Peak Hour In Out Rate Volume Rate Volume Buddhist Facility Expansion __ m 2 m 16 Lovers Lane Specific Plan 1,000 s.f. units 0.66 660 0.35 350 Vichy Springs Subdivision 200 s.f. units 0.66 135 0.35 70 Marlen¢ Estates 104 s.f. units 0.66 70 0.35 40 Brookside Estates 37 s.f. units 0.66 25 0.35 15 K-Mart Store 100.000 sq. ft. 3.39 340 3.27 330 RCHDC Project 15 s.f. units 0.66 10 0.35 6 Airport Business Park (includes 219,000 sq. ft. 0.19 45 0.72 160 brewing and bottling facility) industrial 7-acre (Airport Business Park 89,000 s.f. 0.19 20 0.72 65 bulldout) industrial Trip Rate Source: Trip Generation. 5th Edition. by the Institute of Transportation Engineers. 1991 Source of land Use Data: City of Ukiah Compiled by: Crane Transportation Group 106 6/22195 CTG 'Redwood Business Park P, 19 Table 5 Redwood Business Park Percent Traffic Contribution to Intersection Volume~ (PM Peak flour Volumes) Intersection S. State/Norgard lane S. State S treet/Hastings-Washington S. State Street/Talmage Road Talmage Road/Airport Pa~k Boulevard Talmage Road/U.S. 10 ! Southbound On-ramp Tal ma~e Road/U.S. 101 Southbound-to-Westbound Off-ramp Talrnage Road/U.S. 101 Northbound Off-ramp Airport Park Boulevard/Commerce Drive Percent of Percent of Total Existing + Cumulative Project Volumes Volumes 15% 13% 21% 20~ 11% 102 40~ 36~ 34~ 31 ~ 29% 27~ 12~ l lC/c 90c/c 74~ Source: Crane Transportation Group Note: This table shows the percent of PM peak hour traffic at study intersections that is generated by the Redwood Business Park. The first column shows the percent of RBP traffic at an mte~tion as a percent of the combined volume of existing traffic plm the traffic generated by RBP. The second column shows the RBP traffic as a percent of the total traffic including existing traffic, RBP, aad cumulative traffic. 107 1625l pool |50] [95] 140i lSOOl {45) {60) {-5}{35) {0), , {]?ol/' j\ ~ 290(75)[365] i J J , 4~ ~ 3~ ~951[~] _~0~ 0~,-~1 ~ T 335(10)[3501 ~ T ~i ~ ,,, 120 (315)[ ] ~ 0JI3151 . T~mage Road ~ ~ ~ ~ ~ 1920]~305J.~~ ~ J4~1~40~420 ' ' ~(-50)[415] ~ ~J ' ~X ~.~ {O} (265i,"~/~ 465 335 9 ~, ~20 5,) i~55]{0) 17~] 1120' 95(140)[ ~l [3501[1201 [6301 ~ i - / {65} {o} 2 ~ ¢ ~ 30( '40)[2101 ~ ~DWOOD was~a~ton Ave., ~35{ 45~[ 851 ~ BUS~SS state Route ' ~J~ A~r ~ PA~ ~o~ [155]{ O} 145~[~~ [140] [180] [1~] {80}~140}{110} [145]~1~} 20 = 35 ~0 45 50 5 10 t ~{2~}[230] [35]{ O} 30~ {0}{-35}{75} 1401[6,011,~1 ~ $ ~- 20{,~}[1~] ~ O{ 20}1 201 : Commerce ~ve ~ [1~1{70}45 ~ ~ f r.' = 1~51{75}~ ~ 2 5 0 : ~ [ 901{70} 1~ ~{1~}{2~}{10} 7 ' [155][380] [~l .-'" I ., I I I I I ' ' Bmmess ~ Bo~ I I . x ........... Ai~n Business P~k ~ Only provMed with de~p~m ~t-west mad ~ often Bmi~ss Cemer I , I I ~ AI~RT BUSINGS P~K {-20} {51 T 5 {~}[]201 ~ m mmmmmmmmmmmmmmmmmmmmmmm mmmm m, 3ffi 5 {10} {~} ~ mS.NO r[3151[]~1 {~} PR~~C ~C~~T [~] TOT~ C~~~E ~C Sou~ State S~t FIGURE 7: PM PEAK HOUR T~FFIC VOLUMES , (4:30,5:30) ITEM NO. 9a DATE: January 15, 1997 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION OF LETTER OF SUPPORT TO REMIF BOARD OF DIRECTORS REQUESTING COVERAGE OF SKATEBOARD PARKS The issue of developing a skate park in the Ukiah area has been a topic of discussion between the Council, staff, and the community for several years. Historically, interest has waxed and waned for the project dependent upon the commitment provided by the group participating in the sport at that time. Often, participants outgrow the sport and move on to other interests making it very difficult to secure continuous support from both the youth and their parents. There are several other significant issues such as available property, fundraising, and primarily, insurance, which have also impeded progress on development of a facility. Just recently, insurance has become available through the PAL Program and they are reviewing potential sites. Currently, REMIF, the City's insurance carrier, has exempted skateboard parks from liability coverage making it impossible for the City to participate in any way with the development or operation of a park. As a result, youth who wish to participate in this sport are left to skate in public areas and private property which is often inappropriate, results in property damage, and is potentially dangerous. The inherent conflict between skateboards, pedestrians, and vehicles represents a serious hazard and has resulted in ill feelings towards this youth activity. (Continued on Page 2) RECOMMENDED ACTION: City Council approve letter of support requesting REMIF include coverage of skate park facilities for liability insurance. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine letter of support requires revisions and approve as revised. 2. Determine letter of support is inappropriate and deny. Acct. No. (if NOT budgeted): N/A Acct. No.: N/A Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: Mr. Don Dolan Prepared by: Larry W. DeKnoblough, Community Services Director Coordinated with: Candace Horsley, City Manager Attachments: , January 8,1997 letter from Mr. Don Dolan Draft letter of support Skate Park Town Meeting Agenda and Panel Roster. A PP ROVE D: '~~.~ .,~-~"'~ ~ Candace HorsieSt, ~it¥~lanager 4:LD:ASRskate In spite if these issues and impediments, the sport has continued to grow in popularity not only in Ukiah but neighboring communities as well. Healdsburg and Santa Rosa, for example, currently have very active ad-hoc organizations which include youth, parents, and business and civic leaders. While Santa Rosa successfully operates the area's only existing skate park, Healdsburg residents are aggressively pursuing development with active support of the City and local business. Participation and support by the businesses, as well as strong parental support, have been integral to Healdsburg's success to date and have contributed greatly to the credibility and continuity of their effort. In recent months the issue of developing a park in Ukiah has resurfaced. This has been spawned in part by recent actions taken by the City and School District to restrict locations where this activity may occur, and inspiration by the Healdsburg citizen group's success. Based on past Council direction, staff has been participating with the Ukiah community groups and the efforts currently underway. This renewed attempt is being spearheaded by Mr. Don Dolan, a local resident involved in a number of youth development programs, and several parents of interested youth. Mr. Dolan has initiated a community meeting which is scheduled for January 21, 1997, in the Cafetorium of Ukiah High School, to discuss impediments and determine support for development of a park. A panel of eight community members, including Councilmember Kelly, will be present to answer questions and provide information to attendees. The agenda for the event and roster of panel members is provided in attachment #3 to this report. As indicated earlier, a primary impediment has been the acquisition of liability insurance for such a facility. At the November 1996 REMIF Board of Directors meeting, the General Manager was asked to bdng back a proposal for coverage of skate parks among the facilities covered for liability. A vote on this issue will take place during the Board meeting of January 31,1997. Mr. Dolan has submitted a letter (attachment #1 ) requesting a letter of support from the City of Ukiah urging the Board to approve coverage of skate parks for REMIF members. Staff has attached a draft letter over the Mayor's signature for the Council's consideration. Based on the demand for and potential public benefit which could be derived from an appropriate facility for this activity, staff believes it is appropriate for REMIF to reconsider their position and recommends issuance of the attached letter of support. January 8, 1997 Dear Larry DeKnoblough, Director of Community Services, City of Ukiah, In wanting to meet with the mayor and the city council of Ukiah I would like to bring to their attention the efforts that are going on in and around Ukiah regarding skateparks, particularly the groundswell movement to build a skatepark here in Ukiah, both in terms of the Skatepark Town Meeting and the ensuing comnittees that will form. In times past (I am aware of efforts going back to 1989 to build a skatepark in Ukiah) ~ · he biggest obstacle was the insurance issue. This obstacle is about to finally be overcome. I would like to shed some light on this issue and to bring the council up to speed on the matter. It is becoming very apparent that the time is finally right to do this project! Finally, I am seeking a resolution from' the city council that says the city council supports the idea of a skatepark being built here in Ukiah, AND, regarding the insurance issue that the council supports the idea of doing away with the exclusion (not insuring skateparks) that REMIF has regarding skateparks. This will be elaborated on both by my speaking and my h~ndouts when I meet before the council. I look forward to meeting.with the council on Wednesday January 15, 1997. Most Sincerely, 300 · POMIN. 707/463-6200 · FAX # 707/463-6204 UKIAH, CA 95482-5400 · PUBLIC SAFE-IY 463-6242/6274 · January 16, 1997 REMIF Board of Directors P.O. Box 885 Sonoma, CA 95476 · RE: Liability Coverage of Skate Park Facilities within Member Cities Dear Board Members: Please accept this letter on behalf of the City Council of the City of Ukiah as our support in favor of the Board's pending vote to provide coverage of skate park facilities within member cities. It is the opinion of this Council that a facility of this nature will be of significant public benefit to our community and minimize the current risks of this activity. Should you have any questions regarding this endorsement please contact me personally or City Manager, Candace Horsley at 463-6213. Sincerely, Sheridan Malone Mayor SM:ld 4.'LD:LSkat~ 'We Are Here To Serve" UKIAH' S SKATEPARK MEETING JANUARY 21, 1997 AT 7:00 P.M. ON TUESDAY EVENING. IN THE CAFEIDRIUM AT UKIAH HIGH SCHOOL. A TOWN MEETING IO BRING ATIF/qTION TO AND UNIFY T~E COMITY IN RALLYING BEHIND THE BUILDING OF A SKATEPARK IN UKIAH. TO FORM CfI~ITTEES 'FRflM NAMES OF VOLUNTEERS "AT THE SKATEPARK TOv~ MFAq~NG IN WORKING TOWARD THE MAKING OF A SKATEPARK'IN UKIAH, SUCH AS A FUND-RAISING COMMIITEE, A SITE-PROL~ COb~TrEE, A SKATEPARK DESIGN COM~ITiV~E, A~ A PUBLICITY COMMITIEE. KRISTEN VASQUEZ--- SPEARHEADING THE MOVEMENT TO' BUILD A SKATEPARK IN HEALSBURG. SHE IS A .FORMER CALIFORNIA HIGHWAY PATROLWOMAN. KRI STY KELLY ...... NEWLY ELECTED UKIAH CITY COUNCILWOMAN. LARRY DeKNOBLOUGH- DIRFLqDR OF' C~ITY SERVICES FOR THE CITY OF UKIAH. WAYNE McBRIDE ..... CAPTAIN, UKIAH POLICE DEPARTMF/qT AND PRESIDENT OF THE POLICE ACTIVITIES LFAGUE FOR THE CITY"OF UKIAH. MIKE IAU~A ..... PRINCIPAL OF POMOLITA-MIDDLE SCHOOL, AND ALSO REPRESENTING THE UKIAH 'UNIFIED SCHOOL DISTRICT. JIM MAYFIE~.D ...... OWNER/PRESIDENT OF RAINBOW 'AG AND' PRESIDENT OF THE CHAMBER OF COMMERCE FOR THE CITY OF UKIAH. RONNIE COMPOS ..... SMITH PUGET ....... Ok~ OF THE ONLY 'SKATEBOARD SHOP IN TOWN, "RONNIE' S BASICS". OUR "SKATER" ON THE PANEL, AND OUR "KID'' WHO WILL BE SHARING A SPOT WITH RONNIE REPRESENTING SKATERS. FOR MORE INFORMATION PLEASE CAIJ. (707) 467-9065. ITEM NO. 10a DATE: January 15, 1997 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION MAKING APPOINTMENT(S) TO THE PLANNING COMMISSION SUMMARY: As the Council is aware, two vacancies currently exist on the Planning Commission, including the unexpired terms of Phillip Ashiku and John McCowen. Dr. Ashiku's term expires on June 30, 1998, and Mr. McCowen's term expires on June 30, 1997, and the new appointees will be eligible for two additional terms, respectively extending to the years 2004 and 2003. Accordingly, the City Council has the opportunity to appoint up to two candidates to the Commission at this time. (continued on page 2) RECOMMENDED ACTION: Appoint two new Planning Commissioners from the current pool of candidates. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Do not make appointment(s) at this time, and direct staff to re-open the recruitment process. 2. Appoint one candidate to fill the term of Phillip Ashiku from the current pool of candidates, and develop an expanded pool to consider for filling the unexpired term of John McCowen. Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Robert Sawyer, Planning Director Coordinated with: Candace Horsley, City Manager, and Mike Harris, Asst. City Manager Attachments: List of Board and Commission Members Resolution of Procedure for Filling Vacancies on Commissions and Boards Resolution Confirming Appointment to the Planning Commission APPROVED' ~, ~. C~ndace Horsley, City ~anager Page 2 The current pool of candidates consists of Derek Fridley, Mike Correll, Paul Eveleth, and Christopher Fetzer. Additional candidates may emerge, as the extended deadline for filing an application will occur on January 13, 1997, and after the publication of this report. In any event, the applications associated with the cited pool of candidates previously has been distributed to the Council as part of Special Meeting agenda of January 15, 1997, being held at 5:30 p.m. for the purpose of interviewing the candidates. Attached to this report, the Council will find standard Resolutions for confirming an appointment to the Planning Commission, which will be filled in with the appropriate name after the Council acts on this item. Two separate Resolutions are attached addressing each of the vacant seats, and confirming the appointment of a new Planning Commissioner to each term. The procedures for nominating and appointing a candidate are attached for the benefit of the new Councilmembers. According to the procedures, Mayor Malone will make the first nomination, followed by Vice Mayor Mastin. TERMS OF CITY OF UKIAH BOARD AND COMMISSION MEMBERS - DECEMBER 16, 1996 Airport - 3 year term - Mastin Ken Fowler* Matthew Froneberger Allan Hunter Bob Webb Mark Davis* Present Term Last Date Expires to Serve 6/30/98 6/30/01 6/30/98 6/30/01 6/30/98 6/30/98 6/30/98 6/30/01 6/30/99 6/30/99 *Two Commissioners may reside in the city's Sphere of Influence Planninq - 3 year term - Malone Eric Larson Vacant Jennifer Puser Judy Pruden John McCowen 6/30/98 6/30/98 6/30/98 6/30/99 6/30/97 6/30/01 6/30/04 6/30/01 6/30/02 6/30/03 Parks and Recreation - 3 year term - Malone Angela Hooper Allen Carter John W. Meier Jeffery Anderson Susan Johnson Donald Rones Michael Woskow** 6/30/98 6/30/98 6/30/98 6/30/98 6/30/98 6/30/98 6/30/99 6/30/02 6/30/99 6/30/02 6/30/99 6/30/02 6/30/99 6/30/02 **Two Commissioners may reside within city's sphere of influence civil Service Board Albert Beltrami (reappointed by Council 9/6/95) Gary Bruchler (appointed by employees 1991/reapplied 8/31/95) Dan Saylor (appointed by two other members) City Representative on the Library Advisory Commission Ann Fatch 6/30/92 Cultural Arts Advisory Board - Malone Currently Inactive Golf Course Committee - 2 year term - Malone Don Rones - Parks Representative 6/30/97 Perry Ramsey - Public Member 6/30/97 Elsie Nielson - Public Member 6/30/98 Faye Hefte - Women's Golf Club 6/30/98 Don Crawford - Men's Golf Club 6/30/97 6/30/01 6/30/97 6/30/02 6/30/02 6/30/99 Demolition Permit Review Committee - 2 year term Thom Parducci - Design Review Comm Chr. 6/30/97 Clif Shepard - Building Official 6/30/97 M. Giuntoli resigned 9/94 - Hist. Soc. 6/30/95 Judy Pruden - Resident 6/30/97 Director of Public Works/City Engineer 6/30/97 6/30/97 6/30/97 6/30/97 Investment Oversiqht Committee - Public Member 2-year term - Malone Candace Horsley - City Manager Gordon Elton - Finance Director Jim Mastin - City Council Member Monte Hill - Public Member 6/30/98 N/A Allen Carter - city Treasurer, Chair 6:ky\tcnus RESOLUTION NO. 95- 48 RESOLUTION OF THE CITY COUNCIL OF T~E CITY OF U~I~ ESTABLISHING PROCEDURE FOR FILLING VACANCIES ON CITY COMMISSIONS AND BOARDS. W~EREAS, 1. Ukiah City Code §1151 provides that members of the Planning Commission shall be appointed in accordance with a procedure established by resolution of the City Council; and 2. The City Council has not adopted a procedure for filling vacancies on the City's boards and commissions, including the Planning Commission; and 3. The City Council has determined that using a uniform procedure will insure fair and consistent treatment of candida.res and councilmembers; NOW, T~EREFORE, BE IT RESOLVED that the City Council hereby adopts the following procedure for filling vacancies on the City's commissions and boards, including the Planning Commission. PROCEDURE FOR FILLING VACANCIES ON COMMISSIONS AND BOARDS The City Council shall fill vacancies on City boards and commissions, using the following procedure. 1. Applicant pool. The City Council shall develop an available pool of candidates for a vacancy by advertising the vacancy at least once in a newspaper of general circulation in Ukiah not less than thirty (30) days prior to the council meeting at which the vacancy is to be filled. The advertisement shall specify a deadline for submitting applications. All completed applications received prior to the deadline shall be included in the pool of available applicants, provided the applicant: a. meets the minimum qualifications for the position as established in the applicable Ukiah City Code section or resolution, establishing the commission or board; and b. participates in a personal interview, if the City Council conducts personal interviews for the position. Applications included in an available pool may be used as a source of nominations for a period of one (1) year from the application deadline. s:\u\resos95\vacancy.pro May 30, 1995 2. Nominations. Each councilmember, including the Mayor, shall have the right to nominate a candidate from the available pool of candidates. a. The right to place a name before the City Council for consideration shall rotate among the councilmembers based on seniority with the most senior councilmember going first. made. b. The Council shall vote on each nomination as it is c. A councilmember's right to make a nomination shall terminate and the right to nominate candidates shall rotate to the next most senior councilmember, when a councilmember's nomination is approved by a majority vote of the councilmembers present or the councilmember agrees to pass the nomination to the next most senior councilmember, whichever occurs first. d. This process for rotating the right to nominate candidates among councilmembers to fill vacancies shall be followed for each separate commission or board. (1) The City Clerk shall maintain a record of the last councilmember to make a nomination for each commission or board. (2) When another vacancy must be filled on ~hat commission or board, the next councilmember in line to make nominations for that commission or board shall make the first nomination to fill the vacancy. PASSED AND ADOPTED this 7 th day of ~me following roll call vote: , 1995, by the AYES: Councilmembers Malone, Wattenburger, Shoemaker and Mayor Schneiter NOES: None ABSTAIN: None ABSENT: Councilmember Mastin ATTES~: /) - Ca~y".~c~a'y, Cit~; C1 s: 5uSresos 955vacancy. pro May 30, 1995 erk Fred Schneidler, Mayor RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH CONFIRMING APPOINTMENT TO THE PLANNING COMMISSION WHEREAS, the existing vacancy on the Planning Commission occurred with the resignation of Phillip Ashiku in November, 1996; and WHEREAS, the vacancy was duly advertised until the close of applications on January 8, 1997, with one qualified application received and this applicant was interviewed by the Council at a special meeting held on January 15, 1997; and WHEREAS, the City Council has chosen to also consider previous Planning Commission qualified applicants who were also interviewed and considered by Council on January 15, 1997. NOW, THEREFORE, BE IT RESOLVED, that the Ukiah City Council on January 15, 1997, approved the nomination submitted per procedures outlined in Resolution No. 95-48, and does hereby appoint the following person to the Planning Commission to fill the unexpired term of Phillip Ashiku: to fill the unexpired term to June 30, 1998. PASSED AND ADOPTED this 15th day of January, 1997, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Sheridan Malone, Mayor ATTEST: Colleen Henderson, City Clerk RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH CONFIRMING APPOINTMENT TO THE PLANNING COMMISSION WHEREAS, the existing vacancy on the Planning Commission occurred with the resignation of John McCowen in January, 1997; and WHEREAS, a vacancy was duly advertised until the close of applications on January 8, 1997, with one qua!ified application received and this applicant was interviewed by the Council at a special meeting held on January 15, 1997; and WHEREAS, the City Council has chosen to also consider previous Planning Commission qualified applicants who were also interviewed and considered by Council on January 15, 1997. NOW, THEREFORE, BE IT RESOLVED, that the Ukiah City Council on January 15, 1997, approved the nomination submitted per procedures outlined in Resolution No. 95-48, and does hereby appoint the following person to the Planning Commission to fill the unexpired term of John McCowen: to fill the unexpired term to June 30, 1997. PASSED AND ADOPTED this 15th day of January, 1997, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Sheridan Malone, Mayor ATTEST: Colleen Henderson, City Clerk AGENDA SUMMARY ITEM NO. 10b DATE: JANUARY 15, 1997 REPORT SUBJECT: RECONSIDERATION OF THE AWARD OF CONTRACT TO PROVIDE SERVICES FOR THE CITY OF UKIAH'S YARDWASTE AND WOODWASTE DIVERSION PROGRAM At the regular Council meeting of December 18, 1996, the City Council received a request from Mr. Eric Anderson, General Manager of Cold Creek Compost, Inc., that the City Council rescind the contract award made to Reuser, Inc., on November 20, 1996, for the removal of yardwaste and woodwaste from the Ukiah Landfill. Mr. Anderson was deeply disturbed that Council made the award which was contrary CONTINUED ON PAGE 2 RECOMMENDED ACTION: Uphold the award of contract to Reuser, Inc., and accept Reuser's unsolicited proposal to extend the proposed fee of $3.75 per cubic yard to June 30, 1998. ALTERNATIVE COUNCIL POLICY OPTIONS: Rescind award to Reuser, reject all proposals, and direct Staff to reissue a Request for Proposals to provide yardwaste and woodwaste removal for three (3) years or until the Landfill is projected to close. Authorize Staff to hire Reuser on a month-to-month basis until a new proposal is accepted and awarded. Appropriation Requested: N/A Citizen Advised: N/A Requested by: City Council Prepared by: Rick H. Kennedy, Director of Public Works/City Engineer Coordinated with: Candace Horsley, City Manager Attachments: 1. Agenda Summary Report for Item No. 4b for Regular Meeting of May 1, 1996, and copy of Council Minutes pertaining to item. 2. Agenda Summary Report for Item No. 6g for Regular Meeting of May 15, 1996, and copy of Council Minutes pertaining to item. 3. Agenda Summary Report for Item No. 6e for Regular Meeting of September 4, 1996, and copy of Council Minutes pertaining to item. 4. Agenda Summary Report for Item No. 6i for Regular Meeting of November 20, 1996, and copy of Council Minutes pertaining to item. 5. Copy of Daily Journal News article concerning Cold Creek Compost Facility. 6. Letter from Eric Anderson to Candace Horsley dated November 25, 1996, with attachments. 7. Various correspondence from Mary Goodwin. 8. Correspondence from Eric Anderson to Candace Horsley dated December 19, 1996. 9. Correspondence from Rick H. Kennedy to Eric Anderson dated December 20, 1996 in response to Item No. 8 above. 10. Correspondence from Eric Anderson to Candace Horsley dated January 7, 1997. 11. Copy of Judgement from Judicial Hearing conducted on December 23, 1996. ,r'-""~. Candace Horsley, City Ma ger Reconsideration of the Award of Contract to Provide Services for the City of Ukiah Yardwaste and Woodwaste Diversion Program January 15, 1997 Page 2 to the recommendation contained in the Staff Report and he was not aware of any concerns Staff may have had on the award to Cold Creek Compost. He also expressed his confusion as to why the City would award a contract to a service provider who proposed to charge a fee which was $0.50 per cubic yard higher than Cold Creek's proposed fee of $3.25 per cubic yard. He also stated that the Council's action of November 20, 1996, was not consistent with the Resolution of Support for Cold Creek adopted by the City several months ago. Mr. Anderson stated that there was a fairness issue and that he should be afforded the opportunity to address concerns that were brought forth during the meeting of November 20, 1996, prior to any action taken in the award of the contract. The City Council referred the matter back to Staff to produce additional information and history on this issue for the Council's review prior to taking any action on Mr. Anderson's request. Attached for the Council's review are copies of documents which provide background and current information regarding this matter. On January 7, 1997, Bruce Reuser confirmed with the Director of Public Works that if Cold Creek Compost was awarded the contract for the remaining six (6) months of the 1996/97 fiscal year, Reuser would be forced to seek other reliable suppliers of yardwaste and that Reuser would not be available to submit a proposal for the next fiscal year. It is imperative that Reuser, as well as, any processor have a reliable source of product for processing. It has been Ukiah's reliability that has interested Mr. Reuser and has allowed him to hold the same rate of $3.75 per cubic yard for the past 2-1/2 years. Mr. Reuser wishes the Council to know that his firm has worked diligently with the Landfill Staff to insure that the yardwaste and woodwaste removal process has not been disruptive to the Landfill operations and its neighbors. They continue to provide excellent service at a fee that is just about at cost and much lower than the City used to pay. He was somewhat distressed when the City decided to award the service based on bids or proposals submitted in May 1996 because the competition knew the price they had to beat. Mr. Reuser has offered to hold the fee of $3.75 per cubic yard until June 30, 1998 (1-1/2 years). Mr. Eric Anderson has stated verbally and in writing that Cold Creek could continue to provide the service to the City even if their Use Permit for composting and their Solid Waste Facility Permit are voided by the Courts or Regulatory Authorities. This would be accomplished by mulching and spreading the yardwaste at agronomic rates on property under their control. The City Attorney has confirmed with the County of Mendocino Local Enforcement Agency (John Morley) that the spreading of mulch at agronomic rates does not require permits. The following items are of importance to the City regarding the service provider selected: Provider has adequate resources to remove yardwaste and woodwaste within a short period of time upon demand of the City without assistance from Landfill personnel and without disrupting Landfill operations and with minimal disruption to Landfill neighbors. 2. Provider can provide adequate insurance pursuant to City requirements. 3. Provider has permitted facility to receive City's yardwaste and woodwaste. The above items of importance summarize the seven performance criteria outlined in the Request for Proposals. Reconsideration of the Award of Contract to Provide Services for the City of Ukiah Yardwaste and Woodwaste Diversion Program January 15, 1997 Page 3 SUMMARY There are several factors to be considered in the evaluation of this contract. The landfill is projected to close in three years, between October 1999 and March 2000, based on the current waste stream. Removal of the yard and woodwaste is an essential function that must be performed on a reliable and quick response basis. Since the recycling effort was initiated, the City has found only two businesses who will provide yardwaste and woodwaste removal services in our area. If our current contract is not renewed, Reuser will contract with another organization to replace their source of supply. In light of the stated facts, staff recommends that the City continue to contract with a known service provider who continues to perform satisfactorily at reasonable rates. If the City Council should elect not to renew, then staff would recommend that a Request for Proposals be reissued for a period of 3 years, starting July 1, 1997 through landfill closure. This will insure a known expense to the landfill for future budgeting and cost control purposes. R: ! ~LANDFILL:KK AREUSER.7 AGENDA SUMMARY ITEM NO. 4b DATE: MAY 1, 1996 REPORT SUBJECT: AWARD CONTRACT TO REUSER, INC. FOR WOOD AND YARDWASTE REMOVAL AT UKIAH SOLID WASTE DISPOSAL SITE FOR THE 1996/97 FISCAL YEAR AND AUTHORIZE CITY MANAGER TO EXECUTE LETTER OF AGREEMENT For the past three years, the City has contracted with Reuser, Inc. from Cloverdale for the removal of wood and yardwaste from the Ukiah Solid Waste Disposal Site, and the current Service Agreement will expire on June 30, 1996. For the 1996/97 fiscal year, Reuser proposes to remove clean woodwaste and yardwaste from the disposal site at the rate of $3.75 per cubic yard, which is the same rate under the current Agreement. Refer to the attached letter dated April 5, 1996. Based on historical information, Staff recommends that an allowance of 15,800 cubic yards for yard and wood waste removal be established at a budget cost of $59,250. For the 1995 calendar year, the City was charged for the removal of 13,865 cubic yards of yard and wood waste. For the current fiscal year as of March 1996, the City has been charged for the removal of 10,710 cubic yards. Based on last year's removal quantities for the last three months of the fiscal year (April, May, June) we can expect an additional 4,100 cubic yards for a total fiscal year quantity of 14,810 cubic yards. CONTINUED ON PAGE 2 RECOMMENDED ACTION: Authorize the City Manager to execute a letter of agreement on behalf of the City of Ukiah with Reuser Corporation for the 1996/97 fiscal year for the removal of wood and yardwaste at the Ukiah Disposal Site at $3.75 per cubic yard. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Proceed with formal bid process. 2. Refer back to staff for additional information. Appropriation Requested: Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Rick Kennedy, Director of Public Works/City Engineer ~ Sue A. Goodrick, Public Works Administrator Rick H. Kennedy, Director of Public Works/City Engineer and Candace Horsley, City Manager 1. Letter of Agreement dated April 5, 1996 Candace Horsley, R:I'~LANDFILL:kk I~ AREUSER.4 Award Contract to Reuser, Inc., for Wood and Yardwaste Removal at Ukiah Solid Waste Disposal Site for the 1996/97 Fiscal Year and Authorize City Manager to Execute Letter of Agreement May 1, 1996 Page 2 Under the provisions of the Municipal Code, Section 1522C, the removal service is defined as a public works project. As authorized by Section 1522C, Public Works contracts may be awarded pursuant to the provisions of Section 1521 (formal bidding), or 1540 (informal bidding) of the Municipal Code and Section 22032 of the State Public Contracts Code (PCC). Section 22032 of the PCC authorizes the letting of public projects costing $75,000 or less to contract by the informal bidding procedures. The City's informal bidding procedure was adopted pursuant to the provisions of the State Code. The estimated cost of the removal service for the 1996/97 fiscal year is $59,250, and, therefore, this service can be let to contract by the informal bidding procedures. However, the City Clerk does not have a list of qualified bidders who can provide the services required nor are there known contractors within the County area or within reasonable distance from Ukiah who can provide the service except for Reuser, Inc. Staff contacted the following local firms to inquire if they could provide the service needed; the responses to Staff's inquires are noted. BIO-WASTE COMPOSTING FACILITY Staff contacted Jerry Ward, Bio-Waste Composting Facility, regarding use of his facility located in Talmage. Although the Facility is now permitted, it is limited to a maximum of 1,000 cubic yards on the site at any given time. The facility currently services the unincorporated area of the County and the City of Willits. In addition, the City's street sweepings (once a year in January) are processed at this facility. Jerry stated he was not interested in receiving the City's yardwaste at this time. COLD CREEK COMPOST FACILITY At present, this facility can only accept manure for composting. Preparation of an EIR is forthcoming to allow acceptance of yardwaste at the site. EMPIRE WASTE MANAGEMENT The County stored its yardwaste for an entire year at the Caspar Transfer Station and the South Coast Landfill, and then contracted with Empire Waste Management to grind it on-site. The bi- product from the Caspar Transfer Station was hauled to such locations as Masonite and Georgia Pacific. The bi-product from the South Coast Landfill remained on site. The unit cost was approximately $5.35 per cubic yard. The County charges a tipping fee equal to regular garbage for its yardwaste ($11.25 per cubic yard at South Coast and $15.00 per cubic yard at the various transfer stations). Award Contract to Reuser, Inc., for Wood and Yardwaste Removal at Ukiah Solid Waste Disposal Site for the 1996/97 Fiscal Year and Authorize City Manager to Execute Letter of Agreement May 1, 1996 Page 3 RECOMMENDATION Staff has reviewed the sources available and associated processing costs for wood and yardwaste removal/recycling for this area. Staff recognizes the importance in maintaining expeditious collection and removal of wood and yardwaste (pursuant to the City's Stipulated Agreement with the Local Enforcement Agency, Environmental Health Department) and believes the most efficient and cost effective method is to continue the City's contractual relationship with Reuser Inc. for the next fiscal year. Staff has been extremely satisfied with Reuser's dependability and performance. It is therefore recommended that the contract be awarded and the City Manager be authorized to execute Letter of Agreement. R: IkLANDFILL:KK AREUSER.4 EU ~SER C. April 5, 1996 City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Letter of agreement for the removal of wood and yard waste for the City of Ukiah solid waste disposal site. Reuser Inc. will continue to remove wood and yard waste from the disposal site at a rate of $3.75 per cubic yard. Because of things going smoothly and good co-operation we are able to keep our cost from increasing. This agreement is good through June 30, 1997. The gate attendant and Reuser employee will, on a daily basis tally all the wood and yard waste. We will not be able to accept any material contaminated or associated with hazardous materials (i.e, treated, painted lumber), if we receive such material it will be returned to the disposal site at no cost to Reuser. If you have any questions please call. Sincerely, 370 Santana Drive · Cloverdale, California 95425 ° 707/431-1111 · FAX 707/894-2916 ITEM NO. DATE: MAY 15, 1996 AGENDA SUMMARY REPORT SUBJECT: RESCIND AWARD OF CONTRACT TO REUSER, INC. FOR WOOD AND YARDWASTE REMOVAL AT THE UKIAH SOLID WASTE DISPOSAL SITE AND DIRECT STAFF TO SOLICIT BIDS FOR THE SERVICE PURSUANT TO THE MUNICIPAL CODE On May 1, 1996, the City Council waived bidding procedures and awarded a contract to Reuser, Inc. for wood and yardwaste removal at the Ukiah Solid Waste Disposal Site based on information and a recommendation provided by staff. The information presented to City Council was outdated and incorrect. Staff presented to the City Council that there were no known contractors within the County area or within reasonable distance from Ukiah which could provide the required service except for Reuser, Inc. of Cloverdale. Contrary to what was presented by staff, the Cold Creek Compost Facility is permitted to provide the services according to its proprietors. Since the waiver of bid requirements and the subsequent award were made based on incorrect information provided by staff, staff is recommending that the award to Reuser, Inc. be rescinded and that bids be solicited for the service pursuant to the Municipal Code. RECOMMENDED ACTION: Rescind award of contract to Reuser, Inc. for wood and yardwaste removal at the Ukiah Solid Waste Disposal Site and direct staff to solicit bids for the service pursuant to the Municipal Code. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Appropriation Requested: N/A Citizen Advised: Reuser, Inc. Requested by: Prepared by: Coordinated with: Attachments: Cold Creek Compost Rick Kennedy, Director of Public Works/City Engineer [~-- Rick H. Kennedy, Director of Public Works/City Engineer Candace Horsley, City Manager N/A Candace Horsley, Ci~Manager R: I\LANDFILL:kk AREUSER.5 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - May 15, 1996 The City Council convened in a regular meeting, of which the agenda was legally noticed and posted, at 6:31 p.m. Roll was taken and the following Councilmembers were present: Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter. Absent: None. Staff present: Public Utility Director Barnes, Assistant Redevelopment Director DeKnoblough, Assistant City Manager Harris, City Attorney Rapport, Planning Director Sawyer, and Executive Assistant Yoast. 2. Invocation/Pledge of Allegiance Councilmember Shoemaker gave the invocation, and Mayor Schneiter led the Pledge of Allegiance. 3. Commendation/Proclamation i. Commendation Honoring Don Denham on His Retirement Mayor Schneiter read the commendation to Don Denham, and Don Denham accepted it. ii. Proclamation Regarding Russian River Run Day - June 2, 1996 Mayor Schneiter read the proclamation. Dottle Deerwester, on behalf of North Coast Striders, accepted the proclamation and thanked the Council for recognizing this community event. She explained the significant support received from the businesses and volunteers involved, the process for making the event possible, and encouraged Council and City staff to participate in the event. . Approval of Minutes Special Meeting of April 17, 1996 M/S Shoemaker/Malone to approve the minutes of the April 17, 1996 special meeting, as submitted, carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, and Shoemaker. NOES: None. ABSTAIN: Councilmember Schneiter. ABSENT: None. ii. Regular Meeting of April 17, 1996 M/S Wattenburger/Mastin to approve the minutes of the April 17, 1996 regular meeting, as submitted, carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: None. iii. Regular Meeting of May 1, 1996 Councilmember Malone questioned whether the City Clerk's entire letter should be in the minutes. City Attorney Rapport noted the minutes are usually action only, so identifying the letter and noting it was read would be sufficient. After discussion, it was determined the second paragraph under agenda item 9d on page 5, shall be changed to read, "Cathy McKay CMC/AAE, Ukiah City Clerk since 1988, read her memorandum indicating her intent to resign, dated May 1,1996, into the public record. The remainder of her letter, which is italicized, was deleted to the top paragraph on Page 6 where Councilmember Shoemaker began to speak. M/S Wattenburger/Malone to approve the minutes of the May 1,1996 regular meeting, as amended, carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: None. 5. RIGHT TO APPEAL DECISION Mayor Schneiter explained the appeal process. 6. CONSENT CALENDAR Councilmember Malone pulled item 6e, which then became item 10g. M/S Shoemaker/Mastin to approve the consent calendar, as follows: a. Approved Report of Disbursements for the Month of April 1996 Adopted Resolution No. 96-63 Declaring Results of the Special Municipal Election Consolidated with the Direct Primary Election of March 28, 1996 Denied Claim for Damages Received from Paula Shermer on Behalf of Christopher J. Shermer, and Referred to City Insurance Carrier, REMIF Awarded Contract to S.D. Meyers for Disposal of Transformers for $4,700.77 Adopted Resolution No. 96-64 Authorizing Signatories on City of Ukiah Bank Accounts Rescinded Award of Contract to Reuser, Inc. for Wood and Yardwaste Removal at Ukiah Solid Waste Disposal Site and Direct Staff to Solicit Bids Pursuant to the Municipal Code The motion carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: None. 7, AUDIENCE COMMENTS ON NON-AGENDA ITEMS Steve Turner, Mendocino Transit Authority, gave a report on CalACT's spring conference held at the Ukiah Valley Conference Center. He noted it was a huge success and thanked the Conference Center staff and Kris Rasmussen of the Main Street Program for all their hard work, and noted the popularity of the trolley that was transporting attendees throughout the event. Councilmember Mastin thanked Mr. Turner for all his work on the event. Judy Pruden, 304 S. Hortense, noted she would like to see the trolley during PumpkinFest. She also advised that she would like the clock at the Alex R. Thomas, Jr. Plaza to remain facing the east/west direction. Mayor Schneiter moved agenda item 9a to this time since it was not yet time for the public hearing. 9a. Discussion Reqardin,q Reconsideration of Demolition Permit Application for Structure Located at 400 East Perkins Street City Manager Horsley introduced Planning Director Bob Sawyer and Senior Planner Charley Stump. Mr. Stump gave a brief history of this Demolition Permit Application and noted at Council's April 17 meeting, staff was asked to work with the parties involved to seek an alternative to demolition. At this time no interested buyers, site, or reliable funding sources have been found to save the structure. Staff recommends that Council determine the structure is no longer historically significant and approve the demolition permit. Judy Pruden, 304 S. Hortense, Chairman of Demolition Review Committee, advised that some positive things have occurred over the last year and a half about designating this property as historical and it shows the community that the City wants to restore our historical resources. She also thanked everyone who looked for alternatives to save the structure and requested the owner continue to work with anyone wanting to move the structure right up to the point of demolition. She noted there have been a few last minute inquiries, but no permanent solution as of tonight. David Ryan, 495 E. Perkins Street, speaking for property owner, Mr. Quan, said he appreciates Judy Pruden's work to try to save the house and noted Mr. Quan is more than willing to postpone demolition if there is a project available to salvage the house. Mr. Bafia, owner of Sizzler Restaurant, 404 E. Perkins St., expressed concern over the delay relative to cleaning up this property, as well as for the safety of his employees and the community. He requested a speedy resolution so that he does not have to take further action for a remedy. Jim Mayfield, representing Chamber of Commerce, advised there was a unanimous vote by the Chamber Board to recommend approval of the demolition permit. He noted there has been significant effort to try to save the structure but now it is now time to take action. Mr. Rapport advised the building has historical value, but the question remains if it is historically significant enough to warrant preservation when considering all the facts and circUmstances. Council has put forth extra efforts to find a way to preserve the structure, and must be careful not to infringe on the property owner's rights as well. It was noted the owner hopes to begin construction in 1996, if the demolition permit is approved. Mayor Schneiter indicated he appreciates the Mr. Bafia's concerns, and feels the circumstances justify Council allowing issuance of a demolition permit, and Councilmember Wattenburger agreed. Mr. Malone advised he attended a meeting regarding the train depot site and noted it would be a long time before any consideration could be made relative to the structure being moved to that site. Regular Meeting - May 15, 1996 Page 2 AGENDA SUMMARY ITEM NO. 6~ DATE: SEFFEMBER 4, 1996 REPORT SUBJECT: AUTHORIZE MONTH TO MONTH SERVICE FROM REUSER, INC., FOR THE REMOVAL OF YARDWASTE AND WOODWASTE AT THE UKIAH LANDFILL UNTIL NOVEMBER 7, 1996 Reuser's Inc., contract with the City for the removal of yardwaste and woodwaste at the Ukiah Landfill was to expire on June 30, 1996, but was extended for an additional one year period on May 1, 1996, by action of the City Council based on a recommendation of Staff. Because of incorrect information provided by Staff in their report to City Council concerning available service providers, it was necessary that the contract award be rescinded. On May 15, 1996, the City Council rescinded the award and directed Staff to solicit bids for the yardwaste and woodwaste removal pursuant to the Municipal Code. On June 13, 1996, after a draft Request for Proposals was prepared, discussions between the City Attorney and Director of Public Works occurred concerning the appropriateness of a Proposal process or a bid process for this type of service. Discussions continued the week of August 26, 1996, and it was determined that either a bid or proposal process was appropriate pursuant to the provisions of Section 4483 of the Ukiah Municipal Code (UMC) pertaining to the collection of recyclable materials. It is also noted, that this Code Section permits the City Council to award exclusive contracts with any responsible individual, association, 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. Continued on Page 2 RECOMMENDED ACTION: Authorize month to month service from Reuser, Inc., for the removal of yardwaste and woodwaste at the Ukiah Landfill until November 7, 1996. ALTERNATIVE COUNCIL POLICY OPTIONS: Not'authorize month to month service, but authorize payment to Reuser in the amount of $8,775 for services already rendered during the month of July. It may be necessary to landfill yardwaste and woodwaste if quantity stored at landfill exceeds allowed quantity until a recommendation of award is presented to City Council. Appropriation Requested: Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A $59,250 Rick H. Kennedy, Director of Public Works/City Engineer Rick H. Kennedy, Director of Public Works/City Engineer Candace Horsley, City Manager None Acct. No.: 660-3401-250-006 R:,,~'~,F~.L'~ Cand~ce Hor~fey, City~nager AREUSER.6 ~ ~d) , ~ Authorize Month to Month Service from Reuser, Inc., for the Removal of Yardwaste and Woodwaste at the Ukiah Landfill until November 7, 1996 Of previous concern to the Director of Public Works, was inviting bids pursuant to Sub-section C of Section 1522 of the UMC. This Section pertains to the contracting for services, either as a Public Works contract (C.1.B.) or Personal Services contract (C.2.b.). Since the collection of recyclable materials does not apply to the Personal Services contract provisions, it would default to the Public Works contract provisions. The Director of Public Works was concerned that if the proposed contract was advertised and awarded pursuant to Section 1522, the selected service provider would be required to pay prevailing wages. If bids or proposals are requested pursuant to the provisions of Section 4483 of the UMC, it is the Director's opinion that prevailing wages would not be an issue. Staff is requesting Council's authorization to utilize Reuser's services for the removal of yardwaste and woodwaste until November 7, 1996, on a month to month basis at the unit cost of $3.75 per cubic yard of waste removed. This unit cost is the same amount charged by Reuser, Inc., for their services under their previously expired contract. This extension will allow Staff to complete the proposal process and submit a recommendation of award no later than City Council's first regular meeting in November. There are current outstanding invoices from Reuser, Inc., for services performed after June 30, 1996, that cannot be paid until Council's authorization is provided. R:I 'd..AN DFILL:Idr AREUSER.6 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - September 4, 1996 The City Council convened in a regular meeting, of which the agenda was legally noticed and posted, at 6:31 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were PRESENT: Councilmembers Mastin, Malone, Wattenburger (with a 7:31 p.m. arrival), Shoemaker, and Mayor Schneiter. ABSENT: None. Staff Present: Community Services Director DeKnoblough, Assistant City Manager Harris, City Manager Horsley, Public Works Director Kennedy, Administrative Secretary Kinch, City Attorney Rapport, Planning Director Sawyer, Senior Civil Engineer Woods, Community Services Supervisor Weselsky, and City Clerk Giuntoli. 2. InvocationlPledqe of Alleqiance Mayor Schneiter gave the Invocation, and Councilmember Malone led the Pledge of Allegiance. 3. Proclamation - Pollution Prevention Week Mayor Schneiter noted the Proclamation relative to "Pollution Prevention Week" of September 16-22, 1996. 4. Approval of Minutes 4a. Special Joint Meeting of City Council and Golf Course Committee - August 21,199~ MIS MastinlMalone to approve the Minutes of the Special Joint Meeting of City Council and Golf Course Committee of August 21, 1996, with the following correction: Councilmember Shoemaker made the following correction: Pa.qe 2, Paragraph 10, amend to read: "Councilmember Shoemaker offered a personal comment, encouraging those present not to leave the meeting and insinuate to other members of the community that Council has insulted the volunteers, thus doing both them and the Council a disservice. The staff, golf course volunteers, and volunteer Councilmembers are a highly dedicated group of people, and none of them need to have their persons defamed or attacked about the efforts they have all put in on this." The motion carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: Councilmember Wattenburger. 4b. Regular Meetin~ - August 21~ 1996 MIS MalonelMastin to approve the Minutes of the Regular Meeting of August 21, 1996, as submitted, carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: Councilmember Wattenburger. 5. RIGHT TO APPEAL DECISION Mayor Schneiter explained the appeal process. 6. CONSENT CALENDAR MIS MastinlMalone to approve the Consent Calendar as follows: a. Adopted Resolution No. 97-17 Waiving the 60-Day Notification Requirement for Establishing a County Facility Within the City Limits; Denied Claims Received from Carl Barker; Nancy Lee; Steven Grams; Michelle McKay; and Pacific Bell; and Referred to City Insurance Carrier, REMIF' Received Notification Regarding the Annual Purchase of N;)n-lonic Dry Polymer Product; Received Report Regarding Tree Stump Removal at Todd Grove Park Performed by Timber Lake Tree Service, and Authorized Budget Amendment in the Amount of $5,040; Authorized Month to Month Service From Reuser, Inc., for the Removal of Yardwaste and Woodwaste at the Ukiah Landfill Until November 7, 1996; and Approved Budget Amendment for Special Legal Counsel for Ashoff, et al, v. City of Ukiah. Regular Meeting - September 4, 1996 Page 1 The motion carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: Councilmember Wattenburger. 7. AUDIENCE COMMENTS NON-AGENDA ITEMS No one came forward. Mayor Schneiter advised that Item 9a would be heard at this time, since it was not yet the 7:00 p.m. hour scheduled for the Public Hearing. 9. UNFINISHED BUSINESS 9a. Adopt Report of the Amended Gas Mitiqation Corrective Action Plan for Perimeter Gas Migration at the Ukiah Landfill, Prepared by Lawrence and Associates, and Authorize the Director of Public Works to Submit Report to the Local Enforcement Agency and the California Inteqrated Waste Manaqement Board Public Works Director Kennedy gave a brief summary of the Amended Gas Mitigation Corrective Action Plan for Perimeter Gas Migration at the Ukiah Sanitary Landfill, and stated that the purpose of the Plan is to present measures or conceptual designs which can be implemented for the purpose of reducing migrating methane gas at the perimeter of the landfill boundary to levels below the compliance level of 5 percent by volume. He described the two conceptual designs, a perimeter extraction system and an infill extraction system, and outlined the advantages and disadvantages of each, as well as their budgetary level cost estimates. Discussion followed regarding the costs of each system. Mr. Kennedy explained the precautions, requirements, and new source performance standards and emission guidelines for existing landfills regarding non-methane organic compound (NMOC) emissions through the landfill surface. He emphasized that the perimeter system immediately reduces perimeter gases which migrate laterally through the soil mass, whereas an infill extraction system involves a longer process. Council queried staff regarding methane production in wet weather, air quality test results, acceptable levels of detection, and cost and control of flares. Mr. Kennedy stated that although the perimeter extraction system would not control surface emissions of NMOC gases as required by the new EPA guidelines, he did not feel the Ukiah landfill would reach emission levels which exceed the compliance level of 55 tons of NMOC gases per year. Mr. Kennedy believed that the gas work performed by Mr. Suder of Precise Environmental for the recent landfill EIR confirmed this assumption and statement. MIS Shoemaker/Malone to adopt the Report of the Amended Gas Mitigation Corrective Action Plan for Perimeter Gas Migration at the Ukiah Landfill, dated August 27, 1996 and prepared by Lawrence and Associates, and authorize the Director of Public Works to submit the Plan to the Local Enforcement Agency, the California Integrated Waste Management Board, and the Mendocino County Air Quality Management District, carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: CouncilmemberWattenburger. 8. PUBLIC HEARING Adopt Negative Declaration of Environmental Impact for the Realiqnment/Relocation of an Intermittent Creek to Accommodate the Enlargement of the East Sedimentation Basin at the Ukiah Landfill Public Works Director Kennedy explained the necessity to enlarge the east sedimentation basin at the Ukiah landfill to accommodate a 100-year, 24-hour storm event, by realigning approximately 500 linear feet of an adjacent, unnamed, and intermittent creek located along its north side. He further explained that an Initial Study of Potential Environmental Impacts was prepared by City staff, which identified a number of potentially significant environmental impacts resulting from the proposed project. Mitigation measures were developed, including measures required by the Department of Fish and Game and the Army Corps of Engineers and incorporated into the project, that will eliminate or reduce the identified impacts to a level of insignificance. After appraisal of the possible impacts of the project, City staff has determined that there is no substantial evidence that Regular Meeting - September 4, 1996 Page 2 ITEM NO. 6i DATE: November 20, 1996 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 SUMMARY: At the September 4, 1996 meeting the City Council authorized a month to month contract with Reuser, Inc. through November 7, 1996 for the removal of wood and yard waste from the landfill. At that meeting the Council directed staff to prepare a Request for Proposals for wood and yard waste disposal and return to the Council with a recommendation for award in November. Continued on Page 2 RECOMMENDED ACTION: Award a service contract to Cold Creek Compost, Inc. For the Removal of Wood Waste and Yard Waste from the Ukiah Landfill at the rate of $3.25 per cubic yard for each respective waste. Authorize the City Manager to execute said service contract on behalf of the City. ALTERNATIVE COUNCIL POLICY OPTIONS: Award the contract to Reuser, 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 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: 1. Proposal from Cold Creek Compost, Inc. 2. Proposal from Reuser, Inc. 3. Fiscal Year 1996/1997 Budget Sheet APPROVED: Candace Hoisley, C~y ~nager RJS:AGWDYARD.SUM Page 2 November 20, 1996 Award of Contract to Cold Creek Compost, Inc. For the Removal of Wood Waste and Yard Waste from the Ukiah Landfill The City distributed proposals to four local firms for the removal of wood and yard waste from the landfill. Two sealed proposals were received and opened on November 12, 1996. Cold Creek Compost Inc., Covelo, CA submitted a proposal in the amount of $3.25 per cubic yard each for wood waste and yard waste removal from the landfill. Reuser, Inc., Cloverdale, CA submitted a proposal in the amount of $3.75 per cubic yard each for wood waste and yard waste removal from the landfill. Both proposals meet the requirements of the 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 $0.50 per cubic yard less than the Reuser, Inc. proposal. With this differential rate the City would yield approximately $5,200 in savings for December 1996 through June 1997 (7 months) based on the projected volumes of yard and wood waste by contracting with Cold Creek Compost, Inc. In light of the provisions of Chapter 6, Division 5, "Recycling and Anti-Scavenging" (Section 4480 et seq) of the Municipal Code, it is the Public Works Director's opinion that the City Council may, with or without having invited bids or proposals, enter into an exclusive contract or contracts with any responsible individual, association, firm or other business entity for the collection of wood waste and yard waste which is diverted at the landfill and which will be processed and re-used in an altered form. The City Council may, without inviting bids or proposals and without giving notice to do so, either prior to or after the expiration of any such contract, extend or renew the contract for such a period and on such terms and conditions as the City Council shall deem necessary and appropriate if in the determination of the City Council the contractor has performed the requirements of the contract in a satisfactorily manner. The City Council may 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. Staff has contacted Ft. Bragg Disposal as a reference on Cold Creek Compost, Inc. Ft. Bragg Disposal hauls directly to the Cold Creek Compost facility in Potter Valley and, to date, has been pleased with the facility operations. Staff also contacted Petaluma Farms and Santa Rosa Egg for a reference on Cold Creek Compost. Both companies spoke highly of Cold Creek Compost. At present a pending lawsuit has required Cold Creek Compost to do a focused Environmental Impact Report (EIR) covering five issues. According to Mr. Eric Anderson of Cold Creek Compost the courts have left Cold Creek Compost's permits in place allowing the company to operate while completing the focused EIR. Should the City enter into a contract with Cold Creek Compost it is possible that the EIR may limit operations at Cold Creek Compost. This may in turn affect Cold Creek Compost ability to perform under a contract with the City. At the same time, if the City chooses not to contract with Reuser, Inc., it is likely that Reuser may seek alternate Page 3 November 20, 1996 Award of Contract to Cold Creek Compost, Inc. For the Removal of Wood Waste and Yard Waste from the Ukiah Landfill sources of wood waste and yard waste to satisfy their operational needs. The City might then be without the disposal service should Cold Creek Compost not be able to continue accepting additional waste and should Reuser, Inc. find replacement sources and therefore no longer be interested or in need of Ukiah's wood and yard waste. If this situation occurs the only likely alternative would be to place the wood and yard waste directly into the landfill thus reducing the landfill's ultimate capacity. Despite the fact that Cold Creek Compost has limited experience in the immediate area of Ukiah Valley for disposal of waste and despite the fact that there is a pending lawsuit, staff recommends that the City Council award a service contract to Cold Creek Compost, Inc. for the removal of wood waste and yard waste from the landfill for the period of December 1996 through June 1997 due to the $5,200 estimated savings by the reduced rate. Staff recommends that the City Council authorize the City Manager to execute a service contract with the service provider. ree om , I.e. M & M Feed and Supply. Inc. November 12, 1996 Mr. Richard J. Seanor Deputy Director of Public' Works City of Ukiah Ukiah, CA 95482-5400 CITy OF UKIAH DEPT. OF PUBLIC WORKS Re: City of Ukiah Request for Proposals (RFP) for Removal of Wood and Yard Waste- Ukiah Landfill Dear Mr. Seanor: The purpose of this cover letter is to provide you with some background information about our company. Cold Creek Compost operates 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. I have owned and operated M & M Feed and Supply in Covelo since 1983. Our new company, 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 necess~ 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 "Fertilizer and SoiI Amendments for Sustainable Agriculture" 74540 Hill Road · Covelo, CA 95428 · (800) 524:4284 · (707) 983-6273 · Fax (707) 983-6785 Board's award of a $565,000 loan under theirfRecycling Market Development Zone Loan Program in January of this year. 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. I will be traveling on business from 11/12 through 11/17. Please contact our general manager, Eric Anderson, at (707) 579-4744, should .you have any questions during that time. Yours truly, Martin Mileck President Encl. old_reek ompost, Inc, M & M Feed and Supply, Inc. November 12, 1996 City of Ukiah Department of Public WOrks 300 Seminary Avenue Ukiah, CA 95482-5400 qtr¥ or DaPT. OF PUBLIC W;~RKS PROPOSAL FOR WOOD AND YARD WASTE REMOVAL ° UKIAH LANDFILL 1. Firm Qualifications and Resources Pronoser' s oual i fi earl on s Company president, Martin Milex:k, has been producing 5,000 to '10,000 tons of compost on an annual basis since 1985..The company has always provided its own tracks and equipment for loading and hauling feedstocks from the waste generator's site, as well as loading and hauling all finished product to customers. Following completion of all permitting requirements, Cold Creek Compost began operations at its new facility located on the Guntly Ranch on Potter Valley Road in July of 1995. The new facility allows for a significant expansion of our composting operations. We have also provided grinding services to the green and wood waste landfill diversion programs in Lake and Sonoma counties. Company personnel are experienced in loading and hauling a wide variety of materials inCluding ground and unground wood and yard waste. Permnnel · Martin Mileck, President Mr. Mileck is qualified and experienced in all aspects of the operations required by this Proposal. He has been operating all of the equipment required for the performance of the required services for the past fourteen years. He holds a valid California Class A vehicle license. · Jim Guntly, Facility Manager Mr. Guntly is responsible for all of the operations at our compost facility, including materials handling. He has been operating the types of heavy equipment necessary to perform the required services for more than twenty years. · Brad Lukkasson, Track Driver/Equipment Operator "Fertilizer and Soil Amendments for Sustainable Agriculture" 74540 Hill Road · Covelo, CA 95428 · (800) 524-4284 · (707) 983-6273 ° Fax (707) 983-6785 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 Uldah 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 macker 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, part-time basis. He is qualified and experienced in the operation of the equipment required to load the material for removal from the Uldah 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. Permi~ · County Use Permit All operations are conducted pursuant to, and in accordance with, our Use Permit gU 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 g23-AA-0029. · Storm Water Permit The facility has filed its Notice of Intent to Comply, paid the required fee, is registered as a general pemaittee 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_ According to the Air Quality Management District, the reason we have not been issued a newly dated permit is the time lag between billing for the new permit year and the issuance of the renewed 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 Occu~cy" by the Department of Forestry and Fire Protection. 2. Demonstrate Understanding of Service Requirements Our company has the loading and hauling equipment neces~ 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 rapacity 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 Cold Creek Compost, Inc. will provide the enumerated services at the following prices: Yard waste: $3.25 per cubic yard. Wood waste: $3.25 per cubic yard. 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. Mr. Mileck is the majority owner and president of both corporations.) Other Information. 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 track tractor with walking floor trailer. Volume capacity - 80 cubic yards. Weight capacity - 25 tons. 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 product All of the removed material will be ground at our site and used as feedstock for our compost products. The material will be ground with 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 m operation at this site since July 1, 1995 and have all of the equipment necessary to process the material into finished compose The material end use 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 have 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 Bmgg 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. Attachmentq Please find included with this proposal copies of our Use Permit #U 26-93, Solid Waste Facility Permit ~9.3-AA-0029 and County of Mendocino Ak Quality Management District, Authority to Construct, permit #AC-94-33. 4 5010 HIC~INA¥ 20 UKIAH, CA 95482 M & M FEED - ~ H'~.~ 74540 I. rrr.r. NDAD (IZ,'m.~, C~ 95428 Via a t='/.vate zDml, i 1/4+- mile rsc='tt,,~a~ of ~ /ntersect/cn of Fast S/c~ ~L-ter Valley ~oed (C:~ 2e e ma/rd./ned /n ccnformanoe with the prov/sic~s of Title 20, Div/sic~ I of the Mendoc/n~ County Code. · ... · .:< · -1- February 13, 1995 4e e e ge Co De ~ecla~ed c~e (1) c~ ~ c~xiitic~s t~ be ~ c~ ine~f~ve, (A (B) (c) Priar to ccmm~mme~t of ¢~erat/cn, applicsnt ~ su~mit tu and Buil~ Se~lces ~%ts permit is a~ f~r five (5) ~ t~ms, fiv~ (5) ~ ~ Site Repot, at ~ time the PXmming end wi~h the re=ms m~ ~-~Lt/crm of this pe~m/t. If D/zectar s~ ~et t~e m~t~e= f= a ~ ~ P~~~~~~t ~~y~~~t f~~ P=q~r~ ~mer =ha.U, w'J. th/n UU.rLT' (3O) c~aTs of t~ effective date of pezmit al;~=oval, fl/e with the County a r~cice of ~ of Agr~cm~r~ ~serve ~ntr~ct (x~so3.~ ~o. TJ.-34) ~ u,a project si~ (8~out :La..', 8=e~), 8s ~ b~ the ~ Assessor. with J~~ shall be a cc,-~lt.ticn of this pe~it. -2- .- ... 10. 11. 2e 14. 15. 16. 17. o~liance with $a/d permits and all auplicable regulat~ of the Di~t~£ct. AI~. licant shall sub=It to t~e County Divis/cn of ~ (5) feet. Pursuant to e~t l~-rmit ~ ~ by t~e De~srtm~nt of Public Works, a~d /n ac~ with /m~t plans prepared by a civil eng/neer and approved by the Department of road ap~ c~to East Side Potter Valley ~oad, CR 240. Prior tO. /~:~t plan su~, the _~__~ign eng/neer shall provide for safety /m~, and will provide for the safe cc~ of traffic through the area of the /ntersecticn. In preparat/~n of the Dep~cb~t of PubLic Works cc~ coord/rmticn of road approach 240, and State Bridge No. 10C-102. ApDlicaut ahall suhntt to the County Divis/cn of Emvirc~r~ml Health ~nd California Integrated Waste M~ Board a P~ of a Solid Waste F_~c-~I ~ty Permit. ~l:urt of (Tml:ost:i~ s£te Informa~_,'~, project documents and omxliticns, and as follows: Ae Feedstock shall be strictly 1/m/ted to rear, res (such ~s The percentage of feedstock may vary cna daily Or weekly basis, ex=ept that ash, fishery, grocery and restaurant waste shall not exceed ten (10) percent each. Sewage sludge is specifically exclt~e~__ as a feedstuck. The facil/ty site shall s~_~-tantially oooform to the ~ Site Plan filed October S, 1994 such that the f~e~ 1 ity site is 1/mired to an a~t~ size of 12.5 acres, the ccmpost pad is 1/mired to an approximate size of 5.5 ~cres, and the finish product storage ~,~di~g (100' X 150') may be relocated pro--re to the equ/~ment lab a~d office bulld/~. Facility o~erat/c~s shall ~ot exceed design capacity of an average of 200 to~s per day /nccming feedstock. Operatio~s shall not exceed facil/ty des/gn capacity of a ~ of -3- February l3, 1995 19. Je Li~ sl~ r=fl: accumla~. ~ r~'x:cmpcstahte ~ sl~ be ~ a ~ _r~ce__~e(s) ~ s~ F~ It fac/l/fy and its o~era~ may be z~ju.la~ c~nges, be~t . Di~ ~ of ~t 1994). ~~ ~ofm~ ~a~~~ 20 (-6) ~~4 ~ ~ ~t. Surface. dra/nago f/hal h~t plans and cct~-~¢/o~ ~ be i=e~ e~u su~en,~Md ~, a ~ ~~.r, h~or~~ (A) -4- Fe~13, 1995 :i. %::. .. ..: o.. .-.. .. ? ..'.; rmqu/xe~e~ts of the Report of ~ $~te Infon~ation, (B) div~-~_~ ~:.uctures shall ex=lude clean runoff water from the sed~mentatUm ~d ~ ~=~s, (C) U~ ~ ~ sha~ be direct all runoff to per/me~ drainage collect/c~ ditc~s, and (D) the sit/r~j, ~esign and cc~structic~ of all dams shall be perfomm~ under the direct superv~s~_r~_ of a r~j/stmred eng/neer. Ail plans Fire a~ hazard protection measures set forth /n ~he Report of x~--~e~ts of the Potter Valley Fire District District. B. C~%_<~Lin~ f~e_-~ ] ~ ty des/gn and o;~x-aticn shall ccm~ly w/th Cat/fz=nta D~mc~ent of Forest~ State Fire Sar. m~jula~ De~a~uent of Forever Case ~23-94, and ~ required /n diszu~c~n of ve~etatkn root ~uctures a~ soil~ D. CkmDly with _-~· rmcAnLrements of the ~ Div/s/c~ of ApD1/cant shall take all ;xmcaut/~ ~o prevent the receipt of ~_~ous materials as part of the /nccm/n~ f~. If unauthorized or ~ su~tance~ are er~ountered, such as a Team will be cc~tacted via 911 tD ident/fy the ~__hstance and .in a seo.=ed ~ unt/.1 a tmarst:x:="cer .ts contracted (.~ water for ~,. for ccmpli~ with the r~TEme~ts of the Cbunty Div~_ of ~n~J-ror~ental Health or North Ooast Regtooal Wate~~ Quarry ~ntro~ Board. Air Qual/ty Manac~ement District. laws and regulations, /nclud/ng speed, we/ght ar~ 'waste ccn~t ': -5- resturat/cn of the s~te ~o its natural state, to ~ mmcL~m extant reasor~b_~y fe=_~e, /ncl~_~j r~oval of all fee~s~3ck, a~]/t/~, g=-ad/r~ a~d er~_ ¢_~ standards set forth/n ~ ~ Ooc~ ~ 20.492.010 a~ 20.492.015. · - · · -6- SOLID WASTE FACILITY PERMIT ~. Facility/l~rmit Number: 23-AA-(X)29 4. Name and Mailing Address of Owner: 2. Facility Name and Street Address: Cold Creek Compost, Inc. Guntley Ranch Potter Valley Rd. Potter Valley, CA 95469 3. Name and Mailing Address of Operator: Cold Creek Compost, Inc. 74540 Ma Rd. Covelo, CA 95428 Cold Creek Compost, Inc. 74540 I-rdl Road Covelo, CA 95428 5. Specifications: Operations shall not exceed a maximum of 50,000 tons of incoming feedstock per year. a. Permitted Operations: Composting Facility (mixed waste) b. Permitted Hours of Operation: Monday. Saturday 7.'00 a.m. - 6.'00 p.m. c. Permitled Tons Per Operating Day: Non-Hazardous- General Non-Hazardous- Sludge Non-Hazardous- Separated or commingled recyclables Non-Hazardous- (Permit Section 14) Designated- (Permit Section 14) Hazardous- (Permit Section 14) d. Permitted Traffic Volume: Incoming waste materials Outgoing waste materials (for disposal) Outgoing materials from material recovery operations Total Total ......... 400 .............. Tons/Day ...... 400 ........... Tons/Day .......... 0 ............Tons/Day .......... 0 ............Tons/Day .......... 0 ............Tons/Day .......... 0 ............Tons/Day .......... 0 ............Tons/Day ........... N/A ............ Vehicles/Day ......... N/A ............ Vehicles/Day ......... N/A ............ Vehicles/Day ......... N/A ............ Vehicles/Day e. Key Design Parameters (Detailed parameters are shown on site plans bearing LEA and CIWMB validations): Total Disposal Permitted Area (in acres) Design Capacity (avg. tons/day) Max. Elevation (Ft. MSL) Max. Depth (Ft. BGS) Estimated Closure Date Transfe r MRF Compostin g Transformat ion 10 a a a a 5.5a a tpd tpd 20Qpd cy ft ft tpd This permit is granted so!ely to the operator named above, and is not transferable. Upon a change of operator, the permit is no longer valid. Further, upon a significant change in design or operation from that described herein, this permit is subject to revocation or suspension. The attached permit findings and conditions are integral parts of this permit and supercede the conditions of any previously issued solid waste facility permits. 6. Approval: ppN~'ng Officer Signature John P. Morley, R.E.H.S. II Name/Title 8. Received by CIWMB: 10. Permit Review Due Date: 1'1 I~95 7. Enforcement Agency Name and Address: Mendocino County Dept. of Public Health Environmental Health Division 880 North Bush Street Ukiah, CA 95482 9. CIWMB Concurrence Date: tO- t ; oo o 11. Permit Issue Date: I-SOLID WASTE FACILITY PERMIT 12. Legal Description of Facility (attach map with RFI}: SW quarter of SW quarter of SE quarter of section 8, T16N R1 lW Facility/Permit Number: 23-AA-0029 13. 14. Findings: The LEA has determined that the facility has met the requirements of Public Resources Code (PRC) 50000 {e} (3}. Please see addendum on review and approval pursuant to PRC 50000. b. This permit is consistent with standards adopted by the California Integrated Waste Management Board {ClWMB). Public Resources Code, Section 44010. c. The facility has been designed to comply with the State Minimum Standards for Solid Waste Handling end Disposal as determined by the LEA. d. The California Department of Forestry end Fire Protection (CDF) has determined that the facility is in conformance with requirements of PRC 4290. CDF has granted final clearance for the project. a. An environmental determination {Notice of Determination} is f'dad with the State Clearinghouse (~ 94103025) pursuant to Public Resources Code, Section 21081.6. f. A County-wide Integrated Wests Management Plan has not been approved by the California Integrated Waste Management Board. g. The following authorized agency has made a determination that the facility is consistent with. end designated in, the applicable general plan: County of Mendocino Department of Planning & Building Services. Public Resources Code, Section 50OO0.5(e). h. The County of Mendocino Department of Planning & Building Services has made a writ'ten finding that rdrrounding land use is compatible with the facility operation, es required in Public Resources Code, Section 50OOO.5(b}. I Prohibitions: The permit"tee is prohibited from accepting any liquid sludge, non-hazardous waste requiring special handling, designated waste, or hazardous waste unless such waste is specifically listed below, and unless the acceptance of such waste is authorized by all applicable permits. The permittee is additionally prohibited from the following items: sludge contaminated soil construction/demolition debris dead animals drilling muds mixed municipal waste bio-hazardous waste 15. The following documents also describe and/or restrict the operation of this facility (insert document date in spaces): _X~ Report of Facility Information (RCSI) _X._. Land Use Permits end Conditional Use Permits _X_. Air Pollution Permits end Variances _X__ EIR or Negative Declaration X Lease Agreements - owner and operator 5-g4 2-g4 2-94 Preliminary Closure/Post Closure Plan , Closure Financial Responsibility Document Contract Agreements - operator end contract Waste Discharge Requirements , Local & County Ordirmncel Final Closure & Postclosure Maintenance Plans _X~ Amendment to RFI (RCSI}. Original RCSI has been modified _X~ Other (list): Storm water pollution prevention plan Date: 4-18-95 I995 'VlEND. CO. HEALTH DEP' '.. 'ISOLID WASTE FACILITY PERMIT Facility/Permit Number: 23-AA: 0029 ,, 16. Self Monitoring: 1. 2. a. Results of all self-monitoring programs as described in the Report of Facility Information (RCSI), will be reported as follows: Program Reporting Frequency Agency Reported To Keep on site and available upon request of AQMD and LEA 3. A record of weather conditions shall be maintained. The records shall meet AQMD specifications. 4. A record of quantities of waste received and finished product removed shall be kept. The quantities shall be recorded in tons. Also recorded will be the number of trucks entering and leaving the site. The records shall be eubmitted to the LEA by the 15th day of the subsequent month. Windrows shall be monitored and recorded to meet pathogen reduction requirements specified in CCR Title 14 Section 17887 So Finished product shall be screened to meet requirements specified in CCR Title 14 Section 17885. 7. Finished product shall be analyzed for metals as specified in CCR Title 14 Sections 17887 and 17889. One sample of leacher, shall be taken from each of the first five composfing batches of feedstock and analyzed to meet the requirements specified in CCR Title 14 Section 17876 A 1. Windrow temperature shall be monitored as specified in CCR Title 14 Section 17876 A 5. A log of special occurrences must be kept on site to document accidents, fires, and ali unusual events. 9. A program for monitoring ash shall be developed by the LEA 10. A storm water pollution prevention plan for the site will be followed LEA and AQMD QUARTERLY Keep on site end available upon the request of ~ LEA Keep on site and available upon the request LEA LEA LEA of LEA MONTHLY As determined by LEA LEA LEA LEA Keep on site and available upon the request of LEA Keep on site and available upon the request of LEA As determined by LEA Keep on site and available upon the request of the LEA and NCRWQCB LEA LEA NCRWQCB and LEA SOLID WASTE FACILITY PERMIT I Facil~y~ Number: 23-AA-0029 17. LEA Conditions: · 2. 3. 7. 8. 9. 10. 11. 12. 13. 14. 16. 17. 18. g* The design am:l operatiOn of this facility must comply with all federal, state, and local requirements and enactments, including all mitigation measures given in any certif'md environmental document r~ed pursuant PRC. SectiOn 21031.6. The facility shall meet'the design and operatiOnal standards Of the California Code of RegulatiOns, Title 14, Chapter 3.1, Article 1, Section 17851. The f',~t phase of constnJction on the roof to shelter compost operations must be completed by October 1, 1995. If the roof is not complete the fob)wing contir~ency ii to be fob)wed: 1} The site shall stop receiving material. 2) All finished product shall be removed from site. 3) Any material left I~ the site shall be tarped. 4) Once constructiOn on the roof is completed operatiOns may once again coflYnence. Feedstock shall be rimitod to rnanurel, agricultural wastes, municipal green waste, wood waste, fishery waste, and grocery and restaurant foQd waste. The proportion of feedstocks is specified on page 3 of the RCSI. All incoming feedstock shal be processed within 48 hours of delivery. Al compost material, feedstock, and f'~ished product, must be stockpiled, processed, and stored on the footprint of the ¢ornpost pad. Piles of rmished product shal not exceed 20 feet in height. All winter operatiOns, October 1 through May 15, shall be conducted under shelter of I roof. Operations include material stockpiang, processing, ¢ompostlng. Storage of f'~iished product may be outside of the roof but must be done in I manner that will prevent the generation of leachers. Best management practices must be followed to minimize the generation of akt)orne particulates. Best management practices must be followed to rnk~nize the growth of espergalosis and to protect employees from aspergib)sis spores. Access road shaU be properly maintained to facilitate al weather traffic. A fortce will be constructed arid mo~r. tala~od to prohibit livestock from feeding on compost material. AppGcant shall maintain the cornlx)sting fac~ity and conduct its operations in full compliance with OccupstiOnai Safety and Heaith Administration Standards. · A change in operator for this facility win require I new solid waste facility permit. Waste water and/or leachers shall not be allowed to discharge off the property or into any waterway. All incoming green waste shall be screened for hazardous waste. In the event hazardous waste is inadvertently received it shall be managed, stored, and disposed of in In appropriate manner. AB finished product that exceed the STLC or TTLC i~rnit$ shall be managed as I biz&talons waste. This permit is subject to review by the LEA and may be modified, suspended, or revoked for sufficient cause fob)wing I hearing. Wood ash is classif'~d as an ~dditive and amendment. The volume of wood ash on site at any one time ~ not exceed 4,850tons. Storage and use of wood ash must be done in a manner that will minknize the generation of airborne partk:ulates. Storage of wood ash shall be restricted to the compost pad. The Cold Creek Compost Facility must also comply with the fob)wing standards: Maximum allowable davy tonnage of incoming feedstock is 400 tons. OperatiOns shall not exceed facility design capacity of a maximum of 50,000 tons per year incoming feedstock. Litter: Ut~er shall not be ab)wed to accumulate on site. Noncompostable material shall be provided I storage receptacle(s) and shall be disposed of et · permitted solid waste facility It I minknum frequency of once per week. Noise: Noise resulting from facility operations shall comply with conditions established in Use Permit IU 26-93. Odors: W~u~drowe shall be turned as frequently as necessary to prevent anaerobic: degreda~on. Vectors: W~ndrows and static piles shall be maintained to prevent the attraction or establishmont of flies, rats, or other vectors. Fire: VVindrows will be monitored for internal temperatures and aerated Ippropristely to prevent f'yes. A minknum 30 foot clearance setback shall be maintained between buildings and active compost. The operator shall maintain a copy of this permit at the facility. PI&, DAVID FAULKNER Air PolluUon Control Officer PHiLiP W. TOWLE Air Pollution Control inspector COUNTY OF MENDOCINO AIR QUALITY MANAGEMENT DISTRICT COURTHOUSE UKIAH, CALIFORNIA 95482 OFFICE LOCATION: 306 East Gobbl Street Uklah, California ~07) 463-4354 OpeFation under this permit hast be comducted ih complhnce with all hti amd specifications hchded with the application under which this peFmit is issued, The equipment Lust be pgoperl! taimtahed and tept it good operating conditiom it all tiles, PoST THIS PERMIT IN A CONSPICUOUS PLACE NEAR THE EQUIPMENT PERMIT NUMBER: AC-94-33 This permit is valid from l~ay 1. 1995 through ~y 1. 1996. Permittee Martin Mileck M & M Feed 74540 Hill Road Covelo, CA 95482 Equipmen~ located at: .. 6000 Potter Valley Road Ukiah, CA 95482 Commercial Composting See Equipment Page i CON-DITIONS See Conditions Pages ~hen construction is complete, and upon written notice to the District and inspection, by District Personnel, at the District's discretion, this Authority to Construct will become a temporary Permit to Operate the equipment liste4 above. THIS PERMIT BECOMES VOID UPON ANY CHANGE OF O~1~ERSHIP OR ADDRESS OR, ANY ALTERATION This peFmit does hot a~tlorhe the emission of air contaminants ih ezcess of those alloyed h! the iealth am~ bret! Code of the State of California G~e lqfla~io~s of ~he ~endocino County liF Nllufio~ Con~Fol Dh~Fic~. This per~i~ ca ~o~ be consNeFe~ peF~ission ~o Davia-~au[~---r- ~i~ Poll~c~ co~c~ol O~ice~ Equipment Page I M & M Feed F~~n~t Desc_~iption P~_~n~it N~ AC-94-33 One, 300 H.P. Hammer Hog One, 85 H.P. Trommel Screen One, 425 H.P. Windrow Turner Two, Bucket Loaders One, 4000 Gallon Water Truck Condition Page 2 VI. TRANSFER OF OWNERSHIP This Authority to Construct is not transferable. In the event of any change in control or ownership of the facilities operated pursuant to this Authority to Construct, the Authority to Construct shall be deemed null and void, and PERMITTEE shall surrender it to the District. PERMITTEE shall notify the succeeding owner/operator .of the existence of this Authority to Construct and its conditions by letter, a copy of which shall be sent to the Air Pollution Control Officer. (The new owner will be responsible to arrange for re-issuance of this Authority to Construct in his name.). VII. SEVERABILITY The provisions of this Authority to Construct are severable, and, if any provision of this Authority to Construct is held invalid, the remainder of this Authority to Construct shall not be affected thereby. VIII. OTHER APPLICABLE REGULATIONS PERMITTEE shall construct and operate the proposed stationary source in compliance with all other applicable provisions of Regulation 1 of the California North Coast Air Basin and all other applicable Federal, State and local air quality regulations. IX. PROJECT MODIFICATIONS This Authority to Construct is valid only for the equipment specified on page 2. Any additions, changes or modifications to this equipment, or to the process in which it is used and any other changes having an actual or potential impact upon any air quality issue relative to this project shall be initiated only after consultation with, and approval from the District. X. ACCEPTANCE Operation under the-provisions of this Authority to Construct shall be deemed as acceptance of all conditions specified herein. XI. VIOLATIONS The violation of any of the above terms and conditions shall be deemed grounds for immediate revocation of the Authority to Construct, and shall be considered a violation of the District Rules and Regulations including Regulation l, Rule 230 and/or Rule 240. Condition Page 3 XII. VIOLATIONS The violation of any of the above terms and conditions'shall be deemed grounds for immediate revocation of the Authority to Construct, and shall be considered a violation of the District Rules and Regulations including Regulation 1, Rule 230 and/or Rule 240. XIII. EMISSIONS TESTING If at any time the District requires tests to be made or samples of the emissions to be taken such testing and/or sampling will be the responsibility of the PERMITTEE. The District shall have'approval authority in such instances in regards to testing protocol and source testing operator. XIV. PERMIT SUSPENSION ,The Air Pollution Control Officer may suspend this permit for cause, .as set forth in the regulations of the District or in state law. This permit shall become invalid upon suspension for cause by the Air Pollution Control Officer, or upon revocation by the hearing Board or ~ny. court. C°ntinued operation of the facility described in this permit after the permits' suspension or revocation is a violation of Regulation 1, Rule 240 of the District, and is punishable in accordance with Health and Safety Code Section 42400 et seq. XV. SPECIAL CONDITIONS EXCAVATION AND SCREENING OPERATION a. Air Pollution Control Equipment · Upon completion of a compliance determination by the District, PERMITTEE shall install, continuously maintain, and operate a water spray system sufficient to prevent fugitive dust emissions from the trommel screen and compost turner from exceeding the limits set in special condition B. 1. and 2., if required by the District. · PERMITTEE shall install and operate such other dust control equipment as may be required to meet the emission limitations specified in special condition B. · A minimum of one water truck of 4000 gallon capacity shall be assigned for dust control purposes. This truck shall be at all times available to, and when required for use, under the sole control of the Dust Control Officer appointed pursuant to Special Condition D. The water.truck shall be considered emissions control equipment, and any failure of this equipment shall be considered a breakdown and reportable to.the District as required by MCAQMD Reg 1, Rule 540. Conditions Page 4 B. Emission Limits · Emissions of fugitive particulate matter from the operations of the permitted equipment shall not obscure an observer"s view to a degree equal to or greater than twenty percent (204) opacity at transfer points, screens, and all other emissions points. · · · Particulate matter emissions shall not exceed 0.20 grains per actual cubic foot. · Air emissions of the below listed compounds shall not exceed the following daily and annual limits. Daily '(24 hours) Annual TSP PM-10 NOx SOX COx VOC 135 lb/day 25.0 tons 80 lb/day 15.0 tons 220 lb/day 40 tons 220 lb/day 40 tons 550 lb/day 100 tons 220 lb/day 40 tons C. Dust Mitigation Measures PERMITTEE shall at all times operate the plant and all supporting activities in such a manner as to minimize fugitive dust emissions and ensure compliance with Mendocino County Air Pollution Control District Regulation 1, Rule 430 (fugitive dust emissions). This requirement shall include but not be limited to: · Paving or chip sealing the first 600 feet of roadway leading from the Potter Valley Road to the compost site. · The prompt removal of earth or other material from paved streets onto which earth or other material has been transported by trucking or earth moving equipment,' erosion by water or other means. · The application of asphalt, water or suitable chemicals on dirt roads, materials stockpiles, and other surfaces which can give rise to airborne dust. Limiting vehicle speed to not more than 5 mph in the immediate area of the processing plant and 10 mph on haul roads. D. Dust Control Officer ,. PERMITTEE shall appoint and designate by name a Dust Control Officer. This person shall have the responsibility and requisite authority to ensure that plant operations including control of fugitive dust in oo.p anoe egu a on, PEP~MITTEE shall provide to the District in writing, the name of t~e Person appointed by May 15, 1995 and thereafter upon change. Condition Page 5 Fe Dust-Control Officers Responsibilities i · To ensure compliance with the limits set in Special Condition B.3. the Dust Control Officer shall ensure that all haul roads, vehicle operations areas and other exposed surfaces are watered in accordance with the following schedule. me Rain days. On those days when visible precipitation is present the Dust Control Officer shall rely upon his/her discretion to ensure compliance with the limitation set in Special Condition B.3. The guiding principles shall be that all road and operating surfaces are visibly moist and that no observable emissions of fugitive dust from the movement of vehicles be present at any time. b® Non-rain days. On those days when visible precipitation is not present the Dust Control Officer shall ensure the watering.of all active road and operating surfaces in accordance with the following minimum schedule: I · Haul roads. Water shall be applied every two (2) hours at an' application intensity of 0.04 gallons per square yard (950 gallons per application). · Operating Pad. Water shall be applied every two (2) hours at an application intensity of 0.06 gallons per square yard (1600 gallons per application). Production Limits To ensure operation within the emission limitations set in Special Condition XV (B) (3): i · Facility throughput shall be limited to a maximum of 250 tons per day with an average throughput of 200 tons per day calculated on an annual basis. (50,000 tons per year) · · Haul truck traffic shall not exceed 15 round trips per day. Operation of the Hammer Hog, Trommel Screen, and Compost Turner shall be limited to a maximum of 4 hours each per day. · Operation of the front loaders (2) shall be ~imited to four hours each per day or a combined total of not more than eight hours per day. PZL Condition Page 6 I · Reporting · PERMITTEE shall keep a daily log of its operations at each site, including hours of operation of each piece of equipment for which a daily limit has been established and amounts of material processed (tons). The log shall show amounts of material processed and hauled. PERMITTEE shall make this log available upon request to the Air Pollution Control, Executive Officer of the Air Resources Board, and the Regional Administrator of the United States Environmental Protection Agency or their designated representatives. This record shall be maintained for a period of not less than two (2) years. · Not later than February 28, 1996, PERMITTEE shall provide the Air Pollution Control Officer with a certified summary of operations at each site during the year 1995. This summary shall include total days of operation, total hours of-operation and total amount of material processed. A responsible officer of PERMITTEE shall certify the truth and accuracy of this summary. PERMITTEE shall provide this summary on a form which will be sent to you in December 1995. Permits & Licensina i · PERMITTEE shall maintain a valid use permit from the County of Mendocino for this operation. This permit to operate is void upon expiration, suspension or revocation of County use permit #U 26-93. Operation after such expiration, suspension, or revocation is prohibited under the conditions of this permit to operate. PERMITTEE shall maintain a valid business license from the County of Mendocino or from a city within Mendocino County for this operation, or a valid contractors license from the State of California. This permit to operate is void upon expiration, suspension or revocation of business license, issued by the County of Mendocino. Operation after such expiration, suspension, or revocation is prohibited under the conditions of this Authority to Construct. Demonstration of Compliance Before issuance of a final Permit to Operate, PERMITTEE must demonstrate compliance with applicable District regulations. The District will not issue a Permit to Operate until PERMITTEE thus demonstrates compliance. · Condition Page 7 · Within 10 days after achieving maximum production rate or in no case later than 30 days after initial start up, PERMITTEE shall perform or cause to be performed a source test or source tests which demonstrate compliance with particulate emission limits in Special Condition B. 1. PERMITTEE shall report initial start up, and attainment of maximum production rate dates, to the District within two days of achieving these milestones. ' J. Good ManaGement Practices and Odor Control I · All arriving green wastes and animal manures shall be processed, treated and amended into compostable windrows within 48 hours of receipt such that anaerobic decomposition is prevented. All measures including, but not limited to, proper housekeeping and management practices, frequent windrow turning and dust minimization shall be implemented to control and abate odor from this facility· · Windrowed and composting material shall be maintained at a moisture content of between 40 and 60 percent by weight· · Fly ash storage piles shall be watered as necessary to prevent airborne fugitive emissions. · K. Complaints i · If the District receives verified odor complaints from three (3) or more distinct households in any 24-hour period, or six (6) or more verified odor complaints from at least four (4) households in any 30 day period, the District will consider that a violation of Health and Safety Code 41700 has occurred· In this event M & M Feed shall submit to the District within 10 days after notification, a plan to control off site odors· If the plan is unsuccessful or deemed inadequate by the District, the District will seek an Order for Abatement in accordance with Health and Safety Code 42450 et. seq. and Mendocino County Air Quality Management District Regulation 1, Rule 510. Such Order for Abatement may include but not be limited to, a limitation on hours of operation, limiting operation to certain wind speed/wind direction criteria, complete enclosure of all operations in a warehouse-like building, other as yet unspecified process modifications and/or limitations, or an order requiring closure of the facility if it cannot be brought into compliance with State and local regulations· Condition Page 8 Monitoring Equipment I · Within 60 days after start-Up of operations PERMITTEE shall. obtain and install a District approved meteorological monitoring station. At a minimum the station shall do all of the following; A. Measure and record windspeed and wind direction. B. Measure and record rainfall. C. The station shall provide for real time remote polling of wind speed, wind direction and rainfall by the District. D. The station data logger shall have a minimum of three (3) day storage capacity for all data collected. NOTE: THIS DOES NOT GIVE PERMITTEE THE AUTHORITY TO VIOLATE APPLICABLE FEDERAL, STATE OR DISTRICT REGULATIONS, OR ANY PERMIT CONDITION. AAP\94-33AC I~U~~SER C.~ City of Ukiah Department of'Public Works 300 Seminary Avenue Ukiah, California 95482-5400 Wood and Yard Waste removal Ukiah Landfill CITY OF UKIAH DEPT. OF PUBLIC WORKS 370 Santana Drive · Cloverdale, California 95425 · 707/431-1111 · FAX 707/894-2916~ Reuser, Inc. Proposal for Wood and Yard Waste Removal Page 2 November 12, 1996 o Firm Oualifications 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. . 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. . Proposed Comoensation. ! Reuser, Inc. will load and remove both wood and yard waste for $3.75 per cubic yard. The gate attendant and a Reuser employee will, on a daily basis tally all the wood and yard waste. We cannot accept any material contaminated or associated with hazardous materi- als (i.e, treated, painted lumber or any metals), if we receive such material it will be returned to the disposal site at no cost to Reuser, Inc. Material mixed with excessive quantities of dirt is unacceptable and will be left on site. We require all weather access to the material. Reuser, Inc. Proposal for Wood and Yard Waste Removal Page 3 November 12, 1996 . Proposed Sub-consultants and Contractors. None. 5. Other Information. Reuser, Inc. uses a Michigan L-160 loader and 2 1993 Freightliner tractors equipped with live floor trailers. One hundred percent of material that we pick up at the landfill is recycled; no material goes back to the landfill and none goes to power plants for fuel. ! , o ,- ................. ,,.,;,,o,= .a CONSPICUOUS PLACE required by the City of Ukiah Municipal Code end all Amendments thereto. FOR PERIOD 1/01/96 TO 12/31/96 BUSINESS/LICEb!,.SE NO. 2335 LOC= 370 SANTANA*OR CLOVERDALE 5 [- -] REUSER INC. TYPEOFBUSINESS REUSER~ .* BRUC FOOD/K[NDRED PRODUCTS 370 SANTANA CLOVERDALE 95~25 . , i ii i i i i ii i TO: Secretary fo~ Resources 1~16 9th S~, Roam l]ll Sacramento, CA 95~1& or County Clsrk, County of Sonoma ~ROH: County of Scnoma Depa:t:,enc of ?kenning SUBJECT: F~n$ of Notice of Deter'~lnation Cn compliance utth Section 21108 of 21!3£ a£ the Public Resources Code: Project Ti:Is: Scare Clearinghouse Number (if sub=i=ted co State Clearinghouse) Contact Person: Carol l~ht tmire Project Location: .. Santa Aaa Lane~ Cloverdale, California AP 116-310-30 Telephone 527-2931 ?:o:ect Descr~ption: ~..-- -- ~ood hv-nroducts processinR and storage facility (~UT 106 ~'-~.___._~' ~ocd'glj~v~ T~zs is to advise that the Sonoma County Board ~f Zonin8 Adjustments on Februnr', ,.., approved the above described project and has made the folZo~ing determiner ~n.. the above described pro~ect: 1. The proJect/~/7//~yvill aec have a signi:icanc e££ect on environ~c=:. A~ ~nvironmencaL :=~ac: Report vas prepareo ~or :h~s pro'et: ;ursu.~: :~ the provisions of CEOA. _ ~ A Negative Declaration ~as prepnre~ for :his project pursua~: :~ :he :rt.- visions of C~QA. The.£IR or ::esative Dec!afar: n and recorJ of project .~7rcval ia'.' :e e×~:~e: at the County Planning Department, ~75 Administration Drive, Room :O~A. ,:~u~:'.' Administration Build:hq, Santa Rosa, CA. 3. MltCgatlon measures vere//~##~///ff~/#/uade a condition of :he ap.ire,ia' .::' the / ~, DATE .~ECZ!VED FOR FILING: / /,c-Y~8-: / " T]IOMAS E. SO1KI( SECRETARY, SONOHA Ct)UNI'Y BOARD OF ZON1N(; ,\I).IU.~T?~I-~:~'I'.~: ::CT--_: Auchortt:; cited Sec:ions 2:0P, 3 and 21087 ?ubi!c Rescurces Code. 5ect~.:.-.s ''.OOO- 2il~& Public Resources Code. _J Resolution 9566 February 24, {983 UP 10~80 RESOLUTION OF THE BOARD OF ZONING ADJUSTMENTS, COUNTY OF SONOMA, STATE OF CALIFORNIA, ADOPTING A NEGATIVE DECLA~TION AND GRANTING A USE PERMIT TO M~PJ.E & BRUCE REUSE£ FOR A WOOD BY-PR~OUCTS PROCESSING AND STORAGE FACILITY ON SANTA ANA LANE, CLOVERDALE, '~-ALIFORNIA, AP 116-310-30 WHE ~R3.~S the Sonoma County Board of Zoning Adjustments has considered the Use Permit Application of Merle and Bruce Reuser for a wood by-produ:t8 processing and storage facility including bark, sawdt~st and chips, on Santa Ama Lane, Cloverdale, California. AP 116-310-30, M2 District, Supervisorial District No.&, and ~rHE 'KF. AS ~caff found and determined that the project, as demcrtbed and subject to the attached conditions will have no adverse effects on the environment, and WHEREAS, in accordance with the provisions of law, one public hearing was held thereon, at which time all interested persons were given an opportunity to be heard, and WHEREAS the u~e, aa described and conditioned, is fully consistent with the Roals and pollcie$-'of the General Plan, with the land use designation of the Cloverdale Plan and with the existing ~ 2 ,~onlng, and is compatible with surrounding uses, now ~iEKEFORE 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 including bark, sawdust and chips, and BE IT FURTHER RESOLVED that said Board of Zoning Adjustments action shall be final on the 13th da~ after the dat~ of the resolution ,~nless an appeal £s taken. THE FOREGOING RESOLUTION was introd.ced by Commissioner BoJanowskt who moved its adoption, seconded by Commissioner Nicholas and adopted on roll ca]l by the following vote: Commissioner Nicholas Commissioner Marquardt Commissioner Senneff Commissioner Bojanowski Commi~stoner Mills Ayes: 5 Noes: 0 Absent/Abstain: 0 Ave Aye Ave Ave Aye WliEREUPON, the Chairman tlct:l;~red the abow. and foregoing resolution duly adopted, and SO ~)RDERED C 0 attempting to minimize the aesthetic factor of the plant itself, a considerable sum was spent to sink it into the ground. The development of a roof system to divert water into the basin would mean an additional expenditure and further discussion with the City relative to visual factors. All of those things could adversely impact the opening of the brewery, itself. He further commented he hoped that the current positive relationship with the City would continue. Mayor Schneiter questioned Mr. Barkley's statement that the scheduled opening of the brewery was in jeopardy, and reinforced the fact that the City also has a large stake in this project. He stated he felt the ordinance was appropriate, and had not heard anything that would cause him to change the motion on the floor denying the application for waiver. Mr. Barkley replied he felt they had presented information clearly indicating that by eliminating the rainwater in the system, the City wastewater plant will actually be receiving more water annually than what it would receive if the roof system was not in place. If it is the Council°s inclination, at this point, that a denial is the proper action, perhaps that action could be postponed until additional discussion with staff could occur. Mayor Schneiter withdrew his motion, and Councilmember Mastin withdrew his second. Councilmember Mastin referenced Item No. 5 in the Summit Engineering letter, and inquired whether the indicated 11,600 gallons of rainfall to be captured by the pads was a figure that staff agreed with. Mr. Barnes replied he thought the figure to be fairly accurate based on the information given. Insurge is not a problem, because the brewery is only allowed to discharge 55,000 gallons. Staff has a problem with granting the exception to the ordinance. Mr. Phillips is correct relative to the influx; the problem is that it is rainwater. Councilmember Mastin asked if Item 1 in the Summit Engineering letter relative to covering treatment basins was accurate. Mr. Barnes replied, in his opinion, it was not accurate. He would imagine any type of covering would be practical. Staff has never taken the position that a hard covering was necessary; a removable or tarp covering would be acceptable. It was the consensus of the Council to bring the item back at a future meeting, together with staff's recommendations for alternative covers for the basins. MIS SchneiterlMastin to take no action on Item 10e, the request for a waiver by Mendocino Brewing Company, carried by an all AYE voice vote of the Councilmembers present. 10f. Award of Contract to Cold Creek Compost For The Removal of Wood Waste and Yard Waste From the Ukiah Landfill, in the Amount of $3.25 Per Cubic Yard Councilmember Malone advised he recommended the item be pulled from the Consent Calendar because he had concerns with the proposal after discussions with community members. Public Works Director/City Engineer Kennedy stated he was somewhat uncomfortable with staff's recommendation, and in his opinion, Council does not have to seek proposals or send out an invitation for bids for woodwaste and yardwaste if, at Council's discretion, it is determined that the current provider is performing satisfactorily, Council can extend the contract. Cold Creek Compost is being litigated, and the courts required them to perform an Environmental Impact Report (EIR), which they are currently doing for their proposed expansion. The City°s wood waste and yard waste landfill materials may be a part of this expansion. Cold Creek has offered an attractive rate, less than what the current contractor is charging, which would result in a seven-month total savings of $5,200; however, there is no guarantee the same rate would prevail upon renewal of the contract. He further stated he was extremely pleased with the performance Reuser, Inc. has provided the City for over two years. His concern is that if, for any reason, any contractor does not perform and the wood waste and yard waste pile exceeds a certain dimension, the City will be in violation of its state permit. The only alternative would be to landfill the waste, at additional expense to the City. At most, the landfill will only be in existence for three more years. It is his opinion that the City has a good provider of these services, and he would like to continue with the company for the remaining period until the landfill closes. Regular Meeting - November 20, 1996 Page 8 Mayor Schneiter confirmed that in the past there has only been one application received for the provision of those services, and inquired regarding the Iow bidder being able to perform. City Attorney Rapport stated that the Public Works Director is relying on Section 44E.3 of the City Code concerning recycling. That section authorizes the City, with or without having invited bids, to enter into an exclusive contract or contracts with any responsible individual, whether or not said entity is operated for profit, for the collection of some or all recyclable materials within the City. The Public Works Director is treating this service that picks up recycled material at the landfill and takes it to his place of business, as a contract for the collection of some recyclable materials from within the City. Mr. Rapport further stated he was uncertain whether a contract to go to the landfill, which is not within the City, to pick up materials which have been stockpiled there for transport somewhere else, is a contract for recycling materials within the City. If it is, then this Section would not require the City to solicit formal bids or even award to the lowest bidder. If it is not, then it is probably in the category of a public works contract, and subject to the City's public bidding requirements. Mayor Schneiter asked if the Council were to award the contract to other than the Iow bidder and it were challenged, what defense action would the City take. Mr. Rapport replied it was a matter of interpretation, and the City Council is responsible for interpreting City ordinances. The courts defer if the interpretation is reasonable and consistent. This ordinance is capable of being interpreted in more than one way. Assistant City Manager Harris asked if findings should be made if Council did award to other than the lowest bid. Mr. Rapport replied if Council could make a finding that the lowest bidder is not responsible, that moots the issue of interpretation. Mr. Harris asked if "not responsible" would include potential risk, such as not knowing if the EIR would be certified or whether the same price for service would be quoted in the future. Mr. Rapport replied those items might be taken into consideration; however, he personally was not familiar enough with the contents of the judgment and what Cold Creek is allowed or not allowed to do and what it may or may not be allowed to do in the future depending on the outcome of the EIR that is being prepared. Councilmember Mastin stated he had also spoken with Bruce Reuser and Mr. Kennedy, and his concern relates to the EIR that is being prepared as well as the potential litigation around that issue. Mayor Schneiter invited public comments at this time. Bruce Reuser, Reuser, Inc., gave a history of his Cloverdale company, and stated the City had approached him to help them develop a cost effective program to deal with AB 939 after several locally based contractors had failed. Several programs were attempted that seemed to be more cost effective; however, there were some problems at the landfill and dealing with the public, and that off-site processing seemed the best alternative. He further stated they were not a composting company, and that they process the waste through machinery so that it leaves his facility ready to go to market. This program represents 1.5 per cent of their gross, so it is not a big percentage of what they do, but it is very important to them because of the effort they put forth into making the programs work and developing the different markets for the area. Part of their ability to provide price is what they can get in the market. If the market is stable, their price would remain stable. Reuser uses modern, quiet equipment and have had no complaints from neighbors. They also use high capaqity trucks, which helps to make fewer trips in and out of the landfill. Mary Goodwin, Box 321, Calpella, commented on the Cold Creek litigation issue and urged the Council not to take action until the outcome of the litigation is known. MIS MastinlMalone to award the contract to Reuser, Inc. for the removal of wood waste and yard waste from the Ukiah landfill, with the findings that Council believes this is a recycling contract within the terms of Section 44E.3 of the City Code, and that Council is concerned about the long-term relationship with the Cold Creek site because of the pending litigation and the possibility that the City could be adversely affected in some way by the outcome of that litigation, carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: Councilmembers Wattenburger and Shoemaker. Regular Meeting - November 20, 1996 Page 9 14. ADJOURNMENT MIS SchneiterlMastin to adjourn the regular meeting of November 20, 1996, carried by an all AYE voice vote of the Councilmembers present. There being no further business, the meeting adjourned at 8:04 p.m. Marge Giuntoli, City Clerk b:cc\ccl 12096.min Regular Meeting - November 20, 1996 Page 10 compost ..' · · ' slte IS :reinstated i.Judg, e.is still. :reqmrmg a new :EIR for project "By K.C. MEADOWS "fh'e Dally Journal POTTER VALLEY -- A con- tr6versial compost facility in Potter 'Valley has had its permit reinstated ..by the same judge who ruled ~t null and void in December. ..The judge, however, declined to rethink his decision to impose an ', . .environmental review of the project. .Visiting Superior Court Judge Frank Petersen ruled Tuesday that '.thc Cold Creek compost operation · bwned by Martin Mileck of Covelo [o · can continue to operate while an enviromnental impact statement he ordered is completed. "The rainy-season is ending"mad the heat of summer is about to descend upon the Ukiah area, thereby alleviating some of the concern with the leachate prob- lem,'' Petersen wrote in his opinion. Pcterscn had ruled in December in favor of the neighbors of the pro- ject, who had complained that a proper environmental impact Ir. cport had not been done when the county Board of Supervisors i!.:: approved file compost operation. · : At that time, Petersen said poten- I r iai mn-off from the project was "fl~e moSt significant unanswered question." . ' In Tuesday's ruling, Petersen amended his December edict rein-. l stating Mileck's operating permit I while the EIR is completed and ;certified. -..~'sYhat permit' was' ,formally ! i~e~cinded by the Board of Supervi- · s6rs this spring because of the judge's ruling. County Counsel Peter Klein said this morning he believes the jtidge's order overturns the board's action because the board's only motivation for rescinding the per- mit was the judgoes .December order.' "" "It's very meaningful for us, it's , a major victory," said Cold Creek spbkesman Eric Anderson. 'Ander- ~lon said the compost operation never really ~;topped because the ~ompany never received officiall n6tice from the county that the per-! rhit had been rescinded. :, He"s~aid Cold Creek is workingi on "the second batch 'of' compost fro-m:' grape pomace and animal n~anures collected last fall. He said the comp,my just received the first load of green wastes from Fort l and that compost sales this l B?gg spring have been brisk. I' The recent court decision was als9 a victory for the neighbors, since Petcrsen denied the motion frown the cotmty and Mileck for a new trial on the EIR, saying he f6und no irregularity in the previ- ous proceedings and found that everyone had had a fair trial. ~,. ~ ~I'he compost project is located on.2the 4,000-acre Ountley Ranch 'i eta a site once ,considered for a I county landfill. . :- Neighbors say it will pollute area x0ater and send aspergillis fumiga- tis particles into the air. · · ", They also object to added trucks o'n their road and the noise and smell they claim wafts from the property. . ;. old' "'os t reek. , M & M F~ed and Supply, inc. COLD CREED< COhlF'OST-$R 5"79 37.33 P.e,~ November 25, 1996 Ms. Candace Horsley City Matra§er City of Uld~h 300 Seminary A venue Ukiah, CA 95482 Re: Contract for removal of yard and wood waste from Uldah Landfill; my conversation with Rick Kennedy on 11122/96. Dear Ms. Horsley: Last Wednesday, November 20, I spoke with Rick Seanor of the Public Works Department who was designated as .the. staff contact person regarding the Request for Proposals for the above- referenced contract. I called Mr. Seanor because I had a prior commitment for Wednesday, evening which, however important, I was willing to forgo to attend the City Council meeting that evening ii' there were outstanding questions regarding the award of the contract to our firm. Mr.' Seanor responded that all of their questions had been answered, the staff reix~rt recommended award of the contract to Cold Creek Compost and the item had been placed on the consent calendar. You can imagine my surprise when informed Friday morning the contract had been awarded to another firm. I then phoned Mr. Kennedy who had been at the City Council meeting. He informed me the stall' report suggested them was a "Cloud" on our permit, the city attorney had opined there was.no legal requirement this contract go to bid and the Coundl had voted to simply extend the contract, with Reuser. I pointed out to Mr. Kennedy that ~vhen we met with you, Mr. Kennedy and Ms. Sue Goodrick on May 10 of this year the permit issue had been discussed and we had assured those present we could perform the required services regardless of the status of our use permit. (To reiterate: if for some reason we lost our permit as a result of the additional environmental review tlmt is currently being conducted we would, rather than comlx)sting the material, grind it as mulch and apply it to farmland we have available for such purposes. We reiterated this important point in our letter to the City Council on May 15th (copy attached.) I also Ixfin. ted out to Mr. Kennedy, as we discussed in May, that this issue had been raised a~s a concern during the review process for our $565,('.)00 Recycling and Market Development Zone loan from the California Integrated Waste Management Board. After extensive review by their loan staff, loan committee, legal staff and full Board, they concluded we had demonstrated we could perform diversion services regardless of the status of our use permit and approved the loan.) At the conclusion of that meeting staff informed us they had made a mistake, based on the information we presented we could perform and that staff would return to Council and recommend "Fertilizer and Soil Amendments for Sustainable Agriculture" 74540 Hill' Road -.Coyelo, CA 95428 · (800) 524-4284 · (707) 983-6273 · Fax (707) 9. 83~.6785 putting tho contract out to bid. COLD CREEK COMPOST-SR 787 579 3733 P. 83 Regardless of any "cloud" on our tmrmit we have successfully demonstrated we can r~erform the reo?ired services and Mi'. Kenn_ed'.v "was aware oI' t.h.at fact. "' " I told Mr. Kennedy it seemed strange the Council would not award us the contract gi yen we had bid a lower price and the contract award would benefit a Mendocino County finn and the local economy rather than sending money outside the area. He responded that we were "only" talking about $5,300 and this contract was for Ukiah, not Mendocino County (9.). He also said the city attorney told the Courmil they were not legally required to go out to bid on this service. Ret~ardless of any leeal remfi rement why would the City choose not to save money9 Why would the City choose to se~d bu.~iness out,~ide'the County esoeeiallv when in .addition to sur/t~,i-fine the local c~..nomy 'they could save money.9 ' What is perhaps most troubling to me about my conversation with Mr. Kennedy are his final comments. As I continued to press him for answers to the issues as discussed above, he suggested to me he had concerns about our company's president, Martin Mileck, to wit: ! 1, Mr. Reuser told Mr. Kennedy that Mm'fin had "threatened" him. As you may recall this issue was discussed at our 5/10/96 meeting. To repeat, Mr. Mileck contacted Mr. Reuser and offered to buy his contract with the city for $3.50 per yard. Mi'. Reuser declined. Regm'dless of any other facts, why would Mr. Kem~edy give credence to disparaging remarks made by a competitor and why would Mr. Kennedy again raise this issue after we met with him and were aqsured the issue had been satisfactorily resolved'! (That Mr. Rouser chooses to conduct his business in tiffs maturer is unlbrtunate. Although I am not an attorney, making unsupported statements intended to damage a competitoF s reputation seems very close m slander. It also seems to me Mr. Kennedy puts the City on · very shaky ground in repeating such'statements.) , Mr. Kennedy 'also sated Mr. Mileck had contacted Bruce McCmcken lyilho, akhi~ gflmlJsiJ, o~ to discuss hauling the city' s curbside directly to our facility raffler than the landfill. Earlier this year in discussing the city' s diversion program with Sue Ooodrick, Ms. Goodrick mentioned the Landfill permit restricted incoming tonnage at the Landfill. Mr. Mileck suggested the possibility of muting the curbside program' s franchise hauler' s trucks directly to our facility. We felt this might be cheaper than hauling to thc Landfill ,and reloading and rehauling off-site trod that given Ms. Goodrick' s concerns regarding tonnage at the Landfill we would investigate alternatives. (Please see attached correspondence which shows Mr. Mileck discussed this issue with city staff.) Dt, private comp0nies need r~ermission fro_m_ city slaff prior to speaking with other pri~_'ate ' companies that do business ,with the_ City_'/ lC so_ r~lease r}rovide us with a .c..o__py of the City's r~olicv in this regar_d so we are aware of the City' s roles.' (Mi', ~ennedy to[d__me that he would hhve~givc/~ pem~ission foyMr_ Mileck if asked but that permisiion should have been requested prior to. The at .inched correspondence clearly shows Mr. _Mileek did discuss this issue with City st,iff. 12:18 COLD CREEK COMPOST-SR 787 579 375~ P.OW ~What does '_,my of this have_to do with_the contract i.~,~u¢, before thC Council? Mr. Mileck h~ __been a sUCCeSsful businessman in Men&x:ino County for .almost fifteen vears, That a mem. bet of city staff would quest~ion our commny's credibility especially on the g~ounds aa pre~nted hyMr, ' Kcnne_Ay is deeply troubling; We con 'tacted city staff earlier this year because we understood this wa,; an annual contract.and we were very' interested in bidding on this service. As noted alx}ve, we subsequently met with you and Public Works staff to discuss our ability to provide such services. 'We were told following that meeting and after the next City Council meeting that the contract renewal had been tabled and the City would be preparing a Request for Proposals. On June 12, Mr. Mileck received a phone message from Ms. Ooodrick that the RFP would be issued "by the end of the week." As the RFP ~vas not forthcoming Mr. Mileck attempted to contact Mr. Kennedy a number or' times. to find out the status of the RFP. Mr. Mileck was unable to get his phone calls returned, so I placed a call to. Mr. Kennedy, He returned my call and said he was very busy, this was a complex bid to prepare but that he would get to it after the Landfill permit issue was resolved. Had the City prepared and issued this relatively simple RFP timely (at the end of the fiscal :year), the City, based on the volume figures presented with the current RFP, would have saved $2,302 for the period 7/1/96'9/30/96, in addition to the $5,300 savings estimated for 12/1/96-6/30/97 ,and whatever savings would have accrued for the months of October m~d November for which I do not have volume figures. I mn understand the Council's decision if they were not given good information. However, based on the information made available to staff the City Council should have been aware that oui- ability to perform this service was not imptfired by any questions regarding our use permit for composting at our Potter Valley facility. Thank you for your attention to this matter. As I said we will present this information to Council as soon aq possible so they can be made aware they have a reliable local company that can provide good service and cost savings aa well a,s providing significant benefits to the local economy and local agriculture. Erie AndersOn General Manager ce: Martin Mileck Attachments. NOU-~-19_6 12:19 COLD CREEK COMPOST-SR $olM Wsmes 5ys~ms, Inc. ?0? 5?9 .]955 P.85 P.o. l~lox 60 - Uicl~, CA 9~4~2 Tel: ('707') 462-8621 · Pax: ~07) 462-0112 300' r ~0U-25-1996 12:20 $o~ ~ Syste~, inc. COLD CREEK COMPOST-SR 707 579 3753 P. 06 :P.O. l~x 60 · UI~, CA 9~482 Tel: ('/0"/3 462~621 . F'~; C/07) 462-0112 May t~ ~r si~e in addjti~ to t~ current ~rent wSth t~ City. 0U-25-1996 12:20 COLD CREEl( COMPOST-SR 707 579 3733 P.07 r~_', ~.r~ .)...',J) Re: CoaNIql caleeclar item regarding the contraot for green and wood material dlvmlon senim at the Ukiah landfill. ~ we are uaIble ti) a~,~d to~. ~g't o~ml¢il me~:ting but want to let you koow much we ~i your reconsl~tion of tl~ abovc-r~fcr~nc~xl contract for servicnn ~ hope you proceed with a derision to put this item out for bid. Wc also al;~i ~ time ~ energy ~ty s..odY has already expellded atto we would like to commend IJmm.for ~eir.ar~c~ regardzng this matter. It l$ eetilIly tmderJlmtda~e, given the unforeanale controversy surrounding our pto',j~ that tbe~ might be questions regarding our ability to provide the required Al ~ II~.blt twig. puls_It lO a mo.tion we filed with the court our conditional uae pe~..'t bm beee .reies~! by the judge In our case and we are proce.eding as quickly as po~le lo complete the malldated enviroruncatal review. It is most important Io no{e rt"~l~I ~f the atltus of lhe use permit for our com~fing facility be are. and will eoefl~ to be, Id:de to ptovicb: such services. ,,~A~., ~ to your st~_ _for their decision to bri0_g this back for your reo0nsideration. _w_~~me__0~.~ ol .Om ,.b.idding p.n~m it will l~ovide an opportunity for a lucal ~om~y m I:nIfti~~ an~ wi, most probably result m a lower cost for the diversion You have been most generous in your l:~t support for our project. Wc arg very pleased ,o lmve I~ opportunity to provide your city with aaoflzcr almraafiv¢ for achieving your AB ~'J9 dlver~on goals. 'lrern'tlzer and Soil Amendments for Sustaingtble Agriculture" 74:540 i.IIg Ro~I · Covelo, CA 95428 · (800) $2~.~28a - (707) 983-6273 - Fax (707) 983-6785 TOTRL ~.~1 .~~t0U-25-1996 1~: 21 old tee , ek COLD CREEK COMPOST-SR 787 579 3733 P. 88 October 10, 1996 Ukiah .City Council 300 Seminary Ave. Ukiah, CA 95482 Dear Councilmembers: You have been most generous in your past support for our project. We are writing to thank you again for that support and to reiterate our interest in the opportunity to provide the City of Ukiah with solid waste diversion services. Our facility is fully rmitted and we are available to provide a competitive alternative for handling your ivcrted green and wood material, as well as any other decomposable organics tlmt may be currently landfilled. Earlier this year we began accepting Fort Bragg's green and wood waste on a trial basis and with the recent implementation of their new curbsidc program we are now rec. eiving all of their curbside and drop-off material. In addition to providing a new local alternative for such services, c.~0ntmcting with Cold Creek provides direct benefiis to the local economy. Ag.sin, th. ank you for .your past suppo,rt We look forward to tl)e opportunity to provide Ukiah with another alternative for achieving its AB 939 divermon goals at the lowest possible cost to your ratepaycrs. Yours truly, Martin Mileck President "Fertilizer and Soil Amendments for Sustainable Agriculture'" 74540 Hill. Road · Covelo. CA 95428 - (800) 52A-4284 * (707) 983-6273 · Fax (707) 983-6785 /!0U-25-1 $ 7 8 10 11 18 ~'B6 12: 22 C:OLD CREEl< O-~MPOST-SR 787 579 3733 PJ~O~UTION NO. 95-6 ItI~OLIT~IOII OF TI~ CITY OF ~ M & N ~o ~~T FACI~ ~E~AS~ com~o~ting of yard waste and other organic divereion plans of Mendocino county~ and ~ i~ortant b~nefit to ~endocino County'~ agricul=u=e; and ~EAS~ co~e~oial compo~ing will create Jobs and ~C~e for ~e local economy~ and ~E~S~ ~here ie a critlcal need in Mend~ino C~nty for ~anent com~stin~ faci~ities that ~11 operate In c~pl~ance w~th all local and ~tate regulatlons~ a~d ~~AS~ M & M Feed ~ am experienced local compo~t ~aker; and WHEREAS; M & M Feed has proposed a commercial co~postiag facility at the Guntley Ranch in Hendoclno County, submitted de~a~led plans for this facility, and &ppliod for the necessary perm~ts~ THEREFORE ~E IT ~SOL~D that the Uki~ Ci~y Council co.ends the initiative shown by M & M Feed in it~ pro.sa1, support~ the project in concept, and urge~ local, state and federal regulato~ and financial agencies to p~oceed wi%h all possible spe~ in processing the necessa~ ~[ts and appllcations for this pro~ect. IIII '-2~-1 .. B 15 996 12:22 COLD CREEl< COHPOST-SR 787 579 3?33 P.10 PASSED AND ADOPTED this 20th day of July, 1994 by the following roll call vote: W&~tenburger and ~ayo~ $chneiter. Nalone, Shoemaker. NO~ None. None. ;mth~ l~TaY FROM: Mary Goodwin 468-0802 TO: Rick Kennedy Director of Public Works City of Ukiah DATE: December 20, 1996 Dear Mr. Kennedy: Enclosed is a copy of our complaint to the California Regional Water Quality Control Board and related documents. This complaint concerns the illegal practice of land-spreading of imported waste materials, including green waste, by Martin Mileck. As can also be seen in the enclosed documents, Mileck is currently restricted by the Water Quality Control Board to operating under a roof during the wet season, defined by Water Quality as October 15 through April 15. A CEQA lawsuit is also pending on the Mileck Facility with a status hearing before the Court scheduled for Monday, December 23, 1996. The CEQA litigation is far from over, contrary to mis- statements by Mileck and Eric Anderson, his lobbyist. We'll advise you of any updates on the status of this and other proceedings. We hope this will be of help in the ongoing deliberations of the City of Ukiah on awarding of a contract to haul waste materials. Thanks for your interest in this matter. Sincerely, MaT~,.~oodwi n -/_ X P.O. Box 321 Calpella, CA 95418 December 20, 1996 Bob Tancreto Senior Operations En§ineer California Regional Water Quality Control Board North Coast Region 5550 Skylane Blvd., Suite A Santa Rosa, CA 95403 Re:.· Our Complaint on Martin Mileck Solid Waste Facility (aka "M&M Feed," aka "Cold Creek Compost") with attached documents, dated September 22, 1996. Dear Mr. Tancreto: Please let me know today if you have received the duplicate copy of this complaint which you requested on December 18, 1996, and which was mailed to you that same date. If you have not received the complaint by today, arrangements will be made to deliver it directly to you. Our complaint was chiefly directed at Mileck's current and past practice of land-spreading imported waste materials on the Guntly Ranch property, which lies on a ridge above the Russian River in Potter Valley, Mendocino County. Mileck and his full-time salaried lobbyist Eric Anderson have approached many public representatives, municipalities and governing bodies in an effort to procure waste and greenwaste hauling contracts. Both have consistently stated that the Water Quality Control Board has approved of their land-spreading of waste materials far beyond the perimeters of any written use permits or boundaries of their 10-acre "compost" facility. Most recently, on December 18, 1996, Eric Anderson stated before the Ukiah City Council that he had spoken personally with you and that you had received no complaint pertaining to Water Quality, and that the practice of land-spreading (which he euphemized as "mulching") of waste materials was perfectly legal and acceptable to your agency and all others. As a result of his misstatements before this body and many others including the Integrated Waste Management Board, he has procured contracts and permits for what, so far as we can tell, is a completely illegal and dangerous activity for which he has no permits whatsoever. With specific reference to Ukiah, as a result of his prevarications, the City Council is now reconsidering their former decision to deny him their waste hauling contract. They will probably agendize this matter for their meeting of January 8, 1997, and Mileck will Probably succeed in persuading one more municipality to grant them a large sum of money and a binding contract to haul waste which will be Bob Tancreto -2- December 20, 1996 land-spread without permit. Again, their public and behind- scenes statements of support from the Water Quality Control Board and you personally will have been instrumental. With this letter and the complaint itself, we hope you will comprehend the seriousness of this problem and will issue a statement clarifying that Mileck has not. received the approval of Water Quality for land-spreading green waste or any other materials and that his statements as such have been false. As described in our complaint, we further request that Water Quality issue a statement prohibiting land-spreading of imported waste, greenwaste, or any other materials by Mileck on the Guntly ranch site or any other. This letter is being transmitted by FAX with copy by U.S. mail this date. Thank you for your immediate attention to these matters. Sincerely, cc: Susan Brandt-Hawley, Attorney-at-law; Mendocino Environmental Center, et. al. P.O. Box 321 Calpella, CA 95418 December 18, 1996 Bob Tancreto Senior Operations En§ineer California Regional Water Quality Control Board North Coast Region 5550 Skylane Blvd., Suite A Sant~' Rosa, CA 95403 'Re: Our Complaint~ on M~rtin Mileck Solid Waste Facility (aka "M & M Feed," aka "Cold Creek Compost") with attac~ed documents, dated September 22, 1996. Dear Mr. Tancreto: Per our conversation this date, enclosed is a copy of our complaint and the return receipt showing your agency received it on September 26, 1996. In addition to our originally requested actions on this complaint, we request construction of leachate test wells and regularly scheduled monitoring of leachate in the vicinity of this site, which is on top of a precipice draining into the Russian River. Thank you for Considering our complaint and all the documents contained herein. Sincere~Y, ! Mar~~~oodwin 468~/(J802 cc: Mendocino Environmental Center; Susan Brandt-Hawley, Esq.; Pano Stephens, Esq.; Patty Clary, CATS; Trout Unlimited; Friends of the Russian River; Russian River Watershed Protection Committee; Save McKee Parkway; et al. P.O. Box 321 Calpella, CA 95418 September 22, 1996 Bob Tancreto Senior Operations Engineer California Regional Water Quality Control Board North Coast. Region 5550 Skylane Blvd., Suite A Santa Rosa, CA 95403 · Dear Mr. Tancreto- This is a complaint of non-compliance with requirements and restrictions placed by the Water Quality Control Board on the Mileck Regional Solid Waste Facility, aka "M & M Compost," aka "Cold Creek Compost," located on a precipice above the Russian River in Potter Valley, Mendocino County, California. On June 13, 1995, your agency wrote a letter to the Masonite Corporation effectively eliminating all requirements for a leachate disposal system for the Mileck waste facility (copy attached). In return for eliminating leachate disposal requirements, your agency restricted Mr. Mileck to requirement of keeping all operations under a roof during the "wet season." defined by your agency as October 15th through April 15th. However, Mileck's legacy to the thousands of citizens of Potter Valley -- a huge, hideous, industrial, metal-reflective roof on a formerly treed mountaintop in a formerly natural landscape -- covers only 4850 tons of material. This raises a serious question of where the remaining amount of his proposed annual volume of 50,000 tons will be stored during the wet season. Mileck has answered this question by illegally land-spreading waste materials over hundreds of acres of adjacent land on the Guntly Ranch, in effect creating an open-air dump and cess-pile far exceeding the permitted boundaries of his Use Permit(s), and draining directly into the Russian River. As you may be aware, this portion of the Russian River is the major source of potable water for Sonoma, Mendocino and Marin Counties. As remedial action to this Complaint I request that your agency issue a letter and Order as follows- 1. Mileck must not land-spread Masonite ash waste, pomace, greenwaste, or any other material on the Guntly site, surrounding land, or on any other site. 2. Mileck must keep all operations under cover of r00fin§ and on an impermeable pad during the wet Season, which is defined as October 15th through April 15th of each year. Water Quality Complaint -2- September 22, 1996 3. To facilitate monitoring and satisfy the public's Right to Know under provisions of the Clean Water Act, CEQA, and Proposition, 65, Mileck must complete and submit monthly to Water Quality accurate "Daily Volume Reports" showing volumes, types and sources of each and every material imported to the "Cold Cree~" site, and the same for outgoing materials. ~. ~ The approval of Mileck's Waste Facility by Water Quality was and remains contingent upon the original proposed use as a "composting" facility. Water Quality approves no other use. 5. Mileck is'not authorized to carry out any operation beyond the perimeters of his 12-acre use permit, including land- spreading. I request your response to this complaint in writing. I additionally request that your agency rigorously monitor Mileck's operation because of his documented record of illegal and non- permitted activities and because, unlike any other "compost" waSte facility in California, Mileck's waste facility is uniquely sited on a precipice draining into the water supply of over a half million people. I additionally request that you respond to this complaint in writing and that you send me copies of any further documents related to this complaint. Accompanying this complaint are documents requested by Scott Gergus relative to this complaint. Thank you. Sincerely, M.Goodwin cc: Benjamin Kor; Scott Gergus; Susan Brandt-Hawley, Attorney at Law; Pano Stephens, Attorney at Law; Mendocino Environmental Center; California Integrated Waste Management Board; Carlette Southern-Robert; ESA; Patty Clary, CATS; Trout Unlimited; Friends of the Russian River; Russian River Watershed Protection Committee; et al. June 13, 1995 JUN U ]995 Mr. Robert A. Scagl ione Masonite Corporation 300 Ford. Road Ukiah, CA 95482 Dear Mr. Scaglione: 'Subj.ect- Boiler Aih, M & M F, eeds of Covelo This letter pertains to your letter dated May 30, 1995. In your letter, we were made aware of M & M Feeds' desire to use your boiler ash as a compost amendment. Our agency has been working with M & M Feeds for sometime now on several issues regarding the compost'site, water quality concerns and permitting. ' . Issues concerning composting's~te location and groundwater concerns have been resolved. Our agency had water quality concerns regarding the generation and control of leachate during the wet weather season'. M & M Feeds has addressed these concerns by proposing to move all composting operations under a roofed area during the wet weather season to avoid the generation of leachate. M & M Feeds (Cold Creek Compost) has filed a Notice of Intent to comply with the terms of an Amended General Industrial Activities Storm Water Permit. M & M Feeds has satisfied our water quality concerns Mr. Snetsinger provided me with laboratory analysis of your boiler ash for my review.. Accompanying the laboratory data was a letter dated January 6, 1986 from Dr. David J. Leu with the California Department bf Health Services. Aside'from have a high pH, I did not observe any d~ta that would raise ...concerns. Additionally, it was Dr. Leu's opinion the boiler ash was ~".~nonhazardous. Proper handling and storage of this material should avoid any potential problems. We suggest Masonite research the.potential for liability associated with the transportation and use of its boiler ash by another company, if problems.. should develop. ~hould you'h~iYe any questions, pl.ease contact me at (707) 576-2685. Sincerely, 'Scott A: Gergus . . · - '-?£ngineering Geologist "SAG'lmf/mileck35 cc- Sonoma Compost, ~r~ ~i]l gakx, 550 ~eacham Road, Petaluma, C~- 9495~ -.-' ~r. Ken ~ells, 5onoma County ~epartment of Public ~orks, 575 '~.- .....gdministrat~on Drive, Room 117~, S}nta Rosa, C~ 95403 . . .. ..'- ...... .... . .:.- ...... ..... .... .... ............. .... · . ~,.~:~,.. &.~,~:;~,..' ..... ;; · . ..... ... . .'". . . ¢ ...... :~:~-~'~:..'~c:/:~?~2:~,,.7 "-.-':'~?'.: ...~-':'~-. · ]-..','.~r..;'...,' ,;~..'-":"'~.,',;h,p,::.,-~,~%M;r~-:.-~ =,.t.----:: : :-::,v~.:.::~:;=% .... +.. ..... :.. ::.. _.,-.-, ' ~-,~"~k'rk~;~:-', ~ $;:aI~', '~2'~% . .., '"~. - .... ,:': ~..; ....' Z.r ~ ,.:.~ ';,L.S~;,~.%'- -~;:'~5~.,~',. ' ~-~'~¢ · :~,~,. - ',~.~:'..',:.::~:~-,:~-¢:~:::;~r-~,:_;"~Z~'~'. 'i. ~.'~ ' '":' ~ ~ ~.~'j ~i.. ~ ~ · . .:-.~ I:.- -* · ' . i -.-ft.' f~, .( -.~.* "l:Tt--~-.~j ~j,~' ' --~ ~.r'.' .:~*~ .... 7~.;.J: :.x' ."~ ' . '; . ~.~y-:;~, , ....... ~L.'.; ? ~'. ]~l;~v$.;~-~);':':. 7' ~t""' .' · .. ~'~"~-~r.~ '.,~ ~':,<~' .. ~P-, .- ,'-~i :,..Lq~.,~.~g~'l~;~.~k,:,r.:~[~ ~ %'_..;:-' ':':ii: ~>2,[.~ ~.~:..':..' .'~.~;,-.,' --'~tr .... .~. ~ ~.'~. ~y~ '(¢~~~f~-:~'~ ~,,. .... . ~ · .. : .... ;.., ........ ~.~ - . ,.. .. _ . ....... . ...... .. ¢... ~ ~~~--~ >~,%'~:~ :~... . .. · . . .. . . ....: ~ ..... .: . _ _~.~.~ ;..;.,~, . . . . - . -- . ~__ ' ...... ":.",,,~"~k,¢;.':,,.;"~":'.,:" ' .... EC-19-1996 16:JJ fax from: COLD CREEK COMPOST-SR Cold Creek Compost, Inc. Santa Rosa office 776 Wyoming Drive · Santa Rosa · CA · 95405 · (707) 579-4744 Date: 12/19/96 From: Eric Anderson'/~ (707) 579-3733 To: Ms. Candace Horsley City Manager Mr. Rick Kennedy Director of Public Works/City Engineer City of ukiah Fax: (707) 463-6204 # of pages (including cover): Message: As the City is currently operating on a month-to month basis and Mr. Kennedy said there is a current need to move material from the Landfill, Cold Creek Compost offers the following for your consideration: 1. %t any time the City is in need of removal services, Cold creek Compost will respond with the equipment and personnel to provide service within 48 hours at the rate presented in our proposal. 2. To reduce the impacts of the diversion program at the Landfill we again suggest the City explore the option of directing the curbside pick-up program trucks directly to our facility. This would reduce traffic and storage needs at the Landfill. We currently receive green material and wood waste from Fort Bragg Disposal at a tipping fee of $18 dollar per ton. Based on your estimate of 7 yards per ton of material, this would provide the City with approximately $1.18 per yard (at the City's current cost of $3.75 per yard) for any additional transportation charges for the curbside hauler. We hope this offer is helpful to your efforts in providing a successful diversion program at the Landfill. TOTAL P. 01 300 · ~)MIN. 707/463-6200 · FAX # 707/463-6204 December 20, 1996 LJKIAH, CA 95482-5400 · PUBLIC SAFETY 463-6242/6274 Mr. Eric Anderson General Manager COLD CREEK COMPOST, INC. Santa Rosa Office 776 Wyoming Drive Santa Rosa, California 95405 Dear Mr. Anderson: Thank you for your faxed message of December 19, 1996, which offers Cold Creek Services on a month-to-month basis until a final decision is made by the City Council concerning the award of an annual service contract, and your offer to receive yardwaste from the City's hauler at a tipping fee of $18.00 per ton or approximately. $2.57 per cubic yard based on your estimated unit weight of 285 pounds per cubic yard. Concerning the month-to-month service offer, Reuser is currently removing the yardwaste and woodwaste this week. I estimate that we will not need another pickup until after the next Council meeting of January 15, 1997. I am hopefid that the issue regarding the award of a service contract will be resolved at this meeting and a month-to-month arrangement will no longer be necessary. Regarding the City hauler tipping directly at your facility, this is an attractive option for reducing some traffic to the Landfill, however, there are issues such as the reimbursement of tipping fees and additional transportation costs to the City's hauler that must be addressed and included in their contract. Currently, the City's hauler is not charged a greenwaste tipping fee at the Landfill for greenwaste generated and collected within the City. Revenue's needed to offset greenwaste removal costs are included in the garbage collection fee charged to the rate payers. The hauler's greenwaste collection costs are included in their overall operational cost which, in theory, is reimbursed by the balance of the garbage fees paid to the hauler after frandhise fees, billing fees, and greenwaste fees are deducted from the fees collected. Any additional expense incurred by the hauler would not be reimbursed until the Council modified the garbage collection fees which is usually done annually. From previous discussions with the hauler, it was my perception that the City hauler prefers to tip the greenwaste at the Landfill to keep vehicle miles down to a minimum and shorter routing times. Are Here To 5c, rv(~" Mr. Eric Anderson December 20, 1996 Page 2 Keeping diversion program impacts to the Landfill at a minimum such as traffic trips is a high priority to Staff. I encourage you to advertise a competitive greenwaste and woodwaste tipping fee that would be applicable to the public. Approximately 44 percent of the greenwaste and most of the woodwaste is brought to the Landfill by self-haulers which are charged a $3.75 per cubic yard tipping fee. With your permission, Landfill Staff can advise self-haul customers of your lower tipping fee and we would be pleased to install your sign at the Landfill advertising your facility and fees. .. Again, thank you for your correspondence and offers. Sincerely, Director of Public Works/City .~gineer cc: Jim Salyers RIIK:lr.k R: I ~LAN DFILL LANDERSON.3 JAN-07-1997 12:~5 A fax from: COLD CREEK COMPOST-SR ?07 579 J?33 P.01 Cold Creek Compost, Inc. Santa Rosa Office 776 Wyoming Drive * Santa Rosa * CA · 95405 · (707) 579-4744 From: Eric Anderson/l! ' Fax: (707) 579-3733 ! Fax: Candace Horsley city Manager city of Ukiah (707) 463-6204 # of pages (including ('over): Message: Please find following our response to your request for information as to what alternatives we have available should our permitting to conduct composting operations at our Potter Valley site be compromised. In such an event we would market the material to local farmers as a mulch product for organic soil amendment purposes. Grinding would be conducted on the customer's property. Should we encounter any difficulty in marketing the product, we would grind and landspread the material on Guntly Ranch property or on Mr. Mileck'S farm property in covelo. No permitting is required for these operations as they are accepted agricultural practices incidental to normal farming operations. The only restriction on such landspreading is that such applications be performed at agronomic rates. Application rates for similar operations which use these materials for organic soil amendment purposes are up to 100 tons per acre. Mr. Mileck has approximately 175 acres of his 400 acre ranch property available for such purposes. While not all of the 3,700 acre Guntly property is readily accessible for such purposes, based on the material volume figures provided by the City, Cold Creek Compost has more than adequate capacity at these two locations to absorb all of the material generated at the Ukiah Landfill should it be necessary. Should you have any questions please let me know so we can address them prior to the council meeting on the 15th. Thank you for your attention to this matter. _-7i- TOTAL P.OI 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ~4 :26 27 PQat',,tt" FeX Note. 7B71, [C .... i i-i '. , , · ,, .COURT STATE OW CALIFORNIA COUNTY O~ ~0~XNO: PRE~ERV~ COUNTRY NEIGHBORHOODS , et al., Pet itionors, No. CV9188~ V~ COUNTY OF MENDOCINO, et al.., Reapondents. M & M FE~D~ et al., Parties in Interest. STATUS CONFERENCE RULI.N~I The Court, at this time is not changing it's have the m. dmtili~tral.:lve draft f~z- ~t's r~view by ~~ 15~ U~on ~view, 'the ~urb wall do one of three ghin~s, . 1. Allow permit to remain in effect; 2. Or~ez- Cowry to withdraw pe~ni~ until cCmpletton =ultn~, but ~ Sen the matt:er for hearin.g. st ~XX~TY couNs~t. OFRc£ i IOIFiL ~. El2 ITEM NO. 10c DATE: JANUARY 15, 1997 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION APPOINTING NEW MEMBER TO THE TRAFFIC ENGINEERING COMMITTEE The ordinance to modify the composition of the Traffic Engineering Committee will be adopted at the January 15 meeting. That ordinance retains the public member position which is currently vacant due to the resignation of Steve Ford. In response to the vacancy announcement two applicants, Anthony Carbone and Donna Roberts, met the application deadline of 5:00pm, January 8. It is now appropriate for the Council to consider the applicants and determine who will sit on the Committee. Pursuant to current Council practice of rotating appointments, the Mayor will initiate the nomination procedures. Appointment is confirmed by resolution. Staff recommends adoption of the resolution appointing a new member to the Traffic Engineering Committee. RECOMMENDED ACTION: Make Nomination of Citizen and Adopt Resolution Appointing New Member to the Traffic Engineering Committee ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine neither applicant is appropriate and direct the City Clerk to readvertise for applications with a deadline of January 29 for consideration at the February 5 meeting. 2. Determine public member position is not desired and direct staff to revise ordinance and return to Council for action. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Applicants have been notified City Council Michael F. Harris, AICP, Assistant City Manager ~ Candace Horsley, City Manager 1. Resolution for adoption, page 1. 2. Application from Anthony Carbone, pages 2-3. 3. Application from Donna Roberts, pages 4-6. APPROVED: mfh:asrcc97 0115APPT Ca~ndace Hor:~ley, City'~Mqa, xnager RESOLUTION NO. 97- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH CONFIRMING APPOINTMENT TO THE TRAFFIC ENGINEERING COMMITTEE WHEREAS, the existing vacancy for the public member on the Traffic Engineering Committee occurred with the resignation of Steve Ford in November, 1996; and WHEREAS, the vacancy was duly advertised until the close of applications on January 8, 1997, with two qualified applications being received by the deadline; and WHEREAS, the City Council has reviewed and considered both applicants for this position. NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of Ukiah approved the nomination submitted per procedures outlined in Resolution No. 95- 48, and does hereby appoint as the At Large Public Member of the Traffic Engineering Committee to fill the vacancy created by the resignation of Steve Ford. PASSED AND ADOPTED this 15th day of January, 1997 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Sheridan Malone, Mayor ATTEST: Colleen Henderson, City Clerk rnfh:resord APPTTEC CITY OF UKIAH APPLICATION FOR TRAFFIC ENGINEERING COMMITTEE APPOINTMENT Date ~-"'~ ~ . / :¢ ~F/_.. I am applying for an appointment to the City of Ukiah's Traffic Engineering Committee. 1. Name ~('~¢,,'Z/-')¢~,.. ,,~24~¢~ .~ 2. Residence Address ~Z'¢ ~/~¢_ ¢..~ ,..,.~ 3. Business Address-~,,..,~-~~ Res. Phone Bus. Phone 4. Employer - - Job Title ---'-" Employed since 5. How long have you resided in Ukiah? ~ years; Mendocino County? O¢ California? 4~ + · . /, 6. Please list community groups or organizations you are affiliated with. Indicate office held. Please answer the following questions on separate sheets of paper and attach. . o 10. 11. 12. 13. Why are you applying to serve on the City of Ukiah's Traffic Engineering Committee? What is your understanding of the purpose, role and responsibility of the Traffic Engineering Committee? How do you believe your own skills, experience, expertise and perspectives will be beneficial to the work of the Traffic Engineering Committee? What do you believe is the single most important traffic related issue facing our community? and why? In your opinion, what other transportation issues/problems should the City expend its... limited resources to resolve? What kind of ideal community do you envision for Ukiah? Are there any other City of Ukiah Committees/Commissions in which you are interested and on which you would be willing to serve? Your name will be kept in an applicants' pool for one year from the date of your application, and we will notify you of vacancies as they occur. For more information or if you have questions, please contact the City Clerk's office at 463-6217. Thank you for your interest in serving the City of Ukiah. RECE~VED CITY OF UKtAH commtec.wpd 1 8,1996 crrY CLERK DEPAR I'MEI~t'T #7 I have an acute awareness of the need for a more complete approach to streets (or the lack of them) their planning - identity - neighborhood and need for thru and thorough traffic flow. #8 My understanding of the role - responsibility of the Traffic Engineering Committee is very sparce - Ultimately I feel it is to research, review and comment constructively on the ingress - egress, speed limits, safety etc. of our streets. #9 My skills and experience with Rohnert Park Public Safety, Vice Chairman of Rohnert Park Committee to update the city's master plan, Member of Mendocino County Grand Jury in review of the County Master Plan, as well as a resident who can actually feel the change of street direction, including closure - oneway, and speed bumps, I feel I can relate. #10 I believe we must address North - South, South - North and East- West, West - East traffic. We have stop signs which stop traffic but at tremendous expense of time to citizens. We have North - South traffic which just dumps traffic on a main artery. We have South - North traffic dumping onto a East - West major artery. We have tremendous vacuums in highway over crossings which just leave traffic congested and very aggravating situation. We have created a locked in city and a need for immediate cures. #11 We must come to some conclusion with Orchard and Low Gap Road. We cannot have traffic congesting our down town when there is ample roads to solve the movement of traffic East of town. #12 More low cost housing - more parks and schools integrated into residential - sectional development. A solution to the Courthouse - its safety, the security of citizens and people using the facility. A great train station with parking, shops and malls? Reconstruction of old motels to modern motels. A general cleanup and remoderization of downtown without harm to the historical culture and character of our city. #13 What others are out there? Mostly planning and building. I am honestly unaware of other Committees and or Commissions. I'm sure there are Art and Historical and Health Commissions as well as Disaster Committees. Donna Roberts 781 Sidnie Court Ukiah, CA 95482 January 7, 1997 Mr. Rick Kennedy, Director of Public Works City of Ukiah 300 Seminary Ave. Ukiah, CA 95482 RECEIVED CITY OF UKIAH 1997 CiTY CLERK DEPARTMENT Subject: Traffic Engineering Committee Dear Mr. Kennedy: I am writing to express my interest in the vacant position on the Traffic Engineering Committee. I would like to be considered for this position. As a founding member of the Wagensellers Neighborhood Group and a driving force behind the Traffic Calming Pilot Project, I have made traffic management within neighborhoods a priority. I believe that I could learn a great deal from the other members of this committee and in mm bring new ideas for managing traffic problems to this committee. Thank you for this opportunity. If you have any questions or would like to discuss this, please call me at 463-5708. Sincerely, Donna Roberts CITY OF UKIAH APPLICATION FOR TRAFFIC ENGINEERING COMMITTEE APPOINTMENT Date January_ 8, 1997 I am applying for an appointment to the City of Ukiah's Traffic Engineering Committee. 1. Name Donna Roberts 2. Residence Address 781 Sidnie Court, Ukiah Res. Phone 468-1173 3. Business Address 306 E. Gobbi St., Ukiah Bus. Phone 463-4354 4. Employer Mendocino County Air Quali _ty Management District Job Title Officer Manager Employed Since October, 1991 5. How long have you resided in Ukiah? 42 years; Mendocino County? 42 years; California? 42 years 6. Please list community groups or organizations you are affiliated with. Indicate office held. The Wagensellers Neighborhood Committee, Chairperson The Traffic Calming Design Committee, Member 7. Why are applying to serve on the City of Ukiah's Traffic Engineering Committee? I am applying to serve on this committee so that I might gain more experience regarding City of Ukiah processes and procedures. 8. What is your understanding of the purpose, role and responsibility of the Traffic Engineering Committee? The Traffic Engineering Committee reviews proposed projects which will effect the flow of traffic within the City limits. The Committee also listens to citizens requests for relief from traffic problems and makes recommendations regarding the type of relief they deem necessary. 9. How do you believe your own skills, experience, expertise and perspectives will be beneficial to the work of the Traffic Engineering Committee? For the past 3 years, I have been an integral part of the designs for the Traffic Calming Pilot Project destined for construction in the Wagensellers Neighborhood. I have participated in and commented on several commercial projects proposed for essentially residential neighborhoods. I believe that my experience as a neighborhood advocate would assist me in making informed decisions. RECEIVED CITY OF UKIAH tj/XN o fi 1997 .~:5'op.~ · CiTY CLERK DEPARTMENT Application for appointment to the Traffic Engineering Committee. Donna Roberts January 8, 1997 10. What do you believe is the single most important traffic related issue facing our community and why? The City's main streets are at and above capacity, an example of this is Perkins Street. It is extremely expensive to find and implement alternatives for this problem. At the present time the only alternative for drivers wishing to avoid these crowded streets is to cut through residential streets which were not designed for the kind of traffic they are experiencing. 11. In your opinion what other transportation issues/problems should the City expend its limited resources to resolve? The new General Plan contains a Circulation Element which includes traffic management, and a pedestrian and bicycle plan. This element is critical to the future growth in this :valley. 12. What kind of ideal community do you envision for Ukiah? This is an extremely difficult question to answer. I was born and raised here, I have seen the changes over the years. I would like the small town atmosphere to be preserved. This is a wonderful place to raise kids. I believe that we can preserve what we have and ultimately make it better by careful environmental design. 13. Are there any other City of Ukiah Committees/Commissions in which you are interested and on which you would be willing to serve? I have expressed my interest in the Historical and Archaeological Committee which is part of the new General Plan. Thank you for the opportunity to apply for this position. ITEM NO. 11a DATE' January 15, 1997 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION OF COUNCIL COMMITTEE, COMMISSION, AND BOARD ASSIGNMENTS Councilmembers represent the City through participation in a variety of committee and board assignments. A list of the current active Council and Redevelopment Agency committees is attached for Council discussion and appointment. Staff has also put together a description of the purpose of each committee along with when and how often the meetings are held. Council should note that an appointment to one committee may equal the time commitment of three other committees combined. In addition, some committees such as the Local Agency Formation Commission (LAFCO), North Coast Railroad Authority (NCRA), and League policy committees are recommendations for appointment that are sent on to the appointing agency. Several of the committees will be meeting in the next few weeks, so staff will provide you with the agendas and past minutes as soon as possible after the appointments are made. RECOMMENDED ACTION' After discussion, Council determine assignments to various Council Committees and Boards. ALTERNATIVE COUNCIL POLICY OPTIONS' 1. Council make revised Committee assignments. Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: Prepared by: Attachments: Acct. No.' N/A (if budgeted) Candace Horsley, City Manager 1. Council Committee Assignments 2. Committee Information 3. League Policy Committee List 4. 1996 Council Appointment List APPROVED- 4/Can. ASRComm.97 Cahd~/:e Iqorsley, CitylManager COUNCIL COMMITTEE ASSIGNMENTS January 16, 1996 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 Mayor/City Manager Mayor (required) Mayor & Councilmember District I & II Supervisors Mayor/Councilmember and City Manager or her designee Mendocino Council of Governments (MCOG) Mendocino County Inland Water and Power Commission Mendocino Solid Waste Management Authority - JPA (MSWMA) North Coast Railroad Authority (NCRA) Malone Northern California Power Association (NCPA) Alternate - City Manager or Electric Utility Director Ukiah Valley Sanitation District (UVSD) Mayor or his designee Agency Chairman and Alternate - Downtown Master Plan Committee (on hold) Economic Development & Financing Corporation (EDFC) Finance Review Committee 4:CC:CommAss.97:Rev. 1/8/97 _/_ PUBLIC SAFETY Attendan~e:~'996 / 1997 Replacement: Name 2: Attendance: 1996 1997 Replacement: , 1995 City: , 1995 City: '7~~ First apptd. / ~ ~7~ Reappoint 1997 - Yes ?~ No Title: City: First apptd. Reappoint 1997 - Yes No Title: City: REVENUE AND TAXATION Attendance: ~96 / ~ q , 1995 ,.~ ~ ~ 1997 Replacement: Name 2: ~/~ Attendance: 1996 ., 1995 City: '~/~.~~ First apptd. Reappoint 1997 - Yes No ~ Title: City: City: First apptd. Reappoint 1997 - Yes No Title: City: 1997 Replacement: ,,as not ,~ble to secure re~)].acen,en~(s) for ebove t:.o seats by deaaline. TRANSPORTATION. COMMUNICATIONS. AND PUBLIC WORKS Attendance: 1996 1997 Replacement: Name 2: ~~.~ City: Attendance: 1996 , , 1995 1997 Replacement: City: _{~~~,~ First apptd. Reappoint 1997 - Yes Title: City: First apptd. Reappoint 1997 - Yes Title: !~.;9~rr~ r, ./~ Vq T~m City: Please return by Monday. November 18, 1996 to: Lea, gue of California Cities Attn: M .arian Avila 1400 K Street, Sacramento, CA 95814 FAX: (916) 658-8240 policy\divform COUNCIL COMMITTEE ASSIGNMENTS COMMITTEE Mcndocino Council o1' Governments (MCOG) Economic Develop~nent Finance Corporation MTA Board of Directors Local Agency Formation Commission (Willits/Pt. Arena) Ukiah Valley Sanitation District City Selection Committee Mendocino Solid Waste Management Authority (JPA) County Overall Economic Development Northern California Power Association (NCPA) Redwood Empire Municipal Ins. Fund (REMIF) Alternate Redwood Empire Financing Authority (REFA) Chamber of Commerce Liaison League of Calil'ornia Cities Liaison League of California Cities Housing Subcommittee Sun House Guild Mayor/Managers Committee Valley Wide Task Force Valley Wide Water Task Force Downtown Master Plan Committee Redevelopment Finance Review Comlnittee Main Street Board of Directors North Coast Opportunities Board May 15, 19~6 ASSIGNED TO Shoemaker/Malone as alternate Mastin Mastin Wattenburger (Alternate) Mayor or Vice-Mayor Mayor (Required) Shoemaker City Manager or her designee Schneiter City Manager or Electric Utility Director - Alternate City Manager Asst. City Manager City Manager (By Resolution) Malone Malone Shoemaker Malone Mayor/City Manager Shoemaker/Schneiter City Manager Shoemaker/City Manager or her designee Mastin Agency Chairman and Wattcnburger Mastin-Alternate Malone/City Manager or her designee Schneiter/Alternate - City Manager or her designee ITEM NO. 11b DATE: January 15, 1997 AGENDA SUMMARY REPORT SUBJECT: SET DATE FOR BUDGET ORIENTATION The next phase of the City Council orientation is to review and discuss the budget format and how to easily find and understand the information contained in both summary and detail form. Time will also be provided for Councilmember questions and any suggestions you may have pdor to the preparation of the Fiscal Year 1997/98 budget document. Staff will have their schedules available at the Council meeting to determine a time and date that is convenient for the Council. RECOMMENDED ACTION' Council determine appropriate date and time to conduct Budget Orientation. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine a Budget Orientation is not necessary at this time. Acct. No. (if NOT budgeted)' N/A Acct. No.' N/A Appropriation Requested' N/A (if budgeted) Citizen Advised' N/A Requested by: Prepared by: Candace Horsley, City Manager Attachments: 1. None. APPROVED: Candac(~ Horsley, CityI Manager 4/Can. ASRorien AGENDA SUMMARY ITEM NO. 1 lc DATE: JANUARY 15, 1997 REPORT SUBJECT: INTRODUCTION OF ORDINANCE AMENDING UCC ~,30 TO AUTHORIZE CITY ENGINEER TO APPOINT DESIGNEE TO ACT IN HIS OR HER ABSENCE It recently became apparent that the City Code makes no provision for approving subdivision maps or taking other official actions that are the responsibility of the City Engineer, when the Engineer is unavailable, because of illness, vacation, or other reasons. The City Engineer is the only city official, for example, who can sign required certifications of parcel maps approved for minor subdivisions within the City. It will better serve the public, if the City Engineer has the authority to designate another city employee to act in his or her absence. The attached ordinance amends Section 430 of the City Code to authorize the City Engineer to appoint a designee to serve in his or her absence. The person so designated must be a city employee who possesses the necessary qualifications to perform the duties of the City Engineer. Staff recommends introduction of the ordinance by title only. RECOMMENDED ACTION: Introduce Ordinance by Title Only. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Decide not to introduce the ordinance or propose changes before introduction. Citizen Advised' Requested by: Prepared by: Coordinated with: Attachments: N/A City Manager David J. Rapport, City Attorney Rick Kennedy, City Engineer and Candace Horsley, City Manager 1. Ordinance for introduction, pages 1-2. APPROVED: Candace Horsley, City M~nager mfh:asrcc97 0115CTEN LEAGUE POLICY COMMITTEE APPOINTMENTS FOR 1997 Appointing Official: .Division: ADMINISTRATIVE SERVICES Attendance: 1996 ~ ~ff 6/. , 1995 1997 Replacement: (7~ Name 2: Attendance: 1996 , 1995 1997 Replacement:' City: ~~e~_~ First apptd. /~'~, Reappoint 1997 - Yes No X Title: City: City: First apptd. Reappoint 1997 - Yes No Title:. City: Was not able to secure replacements for the above positions COMMUNITY SERVICES Name l:~,~~[.&ffO-,~ City: ~ Firstapptd. Title: Title: Reappoint 1997 - Yes 7_ City: First apptd. Reappoint 1997 - Yes City: No No by deadline. Attendance: 1996 ~. 04 aZ/, 1995 1997 Replacement: Name 2: Attendance: 1996 , 1995 1997 Replacement: City: Attendance: 1996 tO !~-~/ , 1995 1997 Replacement: Attendance: 1996 1997 Replacement: , 1995 EMPLOYEE RELATIONS City: ~~/)tg~ First apptd. I Reappoint 1997 - Yes Title: City: City: First apptd. Reappoint 1997 - Yes Title: City: No No Attendance: 1996 o~. ,~ ~. (:7' 1995 3 eJ.~ 1997 Replacement: d- 0~ Name 2: ~~~ Ci~: A~end~ce: 1996 , 1995 1997 Replacement: ~.~ ~ ~ a c~-.~ 3. z~ Title: Title: First apptd. Reappoint 1997 - Yes City: First apptd. Reappoint 1997 - Yes Council Nember City: /gq/ No No Ft. Bra~E HOUSING. COMMUNITY. AND ECONOMIC DEVELOPMENT Attendan¢~:"lb~6 ~,~ o/~ ~ 199~.,~ ~.. ~' 1997 Replacement: °~ ~)arrell C~flif- N~e 2: W/~~ Ci~: A~en~ce: 1996 , 1995 1997 Replacement: ~-. .... ~ ;. Reappoint 1997 - Yes Title: C,~,unc±l Member City: First apptd. Reappoint 1997 - Yes ·, .... . .... City: Title: ,, ....... _ _~ .-._ .., .... ,, ,.._. ,:- ,'. '--3'-- No ;{ 7m BragK, No i,mreka PUBLIC SAFETY Attendan~e:~96 / go~ 6/ , 1995 1997 Replacement: ~' Name 2: 7/~~ A~en~ee: 1996 1997 Replacement: , 1995 City: -7~~.~-~ First apptd. Reappoint 1997 - Yes Title: City: City: First apptd. Reappoint 1997 - Yes Title: City: No No REVENUE AND TAXATION Name 1:~~ ~~d~ City: ~62.;f'Z~ First apptd. Attendance: ~96 / ~ ~ '~'1995 ~ ~ ff Reappoint 1997- Yes 1997 Replacement: ff' t/ Title: City: Name 2: ~/~ City: First apptd. Attendance: 1996 , 1995 Reappoint 1997-Yes 1997 Replacement: Title: City: ,,a~ not ~ble to a~cure re~].acer, enr~(s) for ~.bove t;.o seats by deackline. TRANSPORTATION. COMMUNICATIONS. AND PIJBL!C WORKS Attendance: 1996 / o.~ , 1995 o~er/ ~' Reappoint 1997 - Yes X 1997 Replacementi °a (~ Title: City: Name 2: '7/~ City: First apptd. Attendance: 1996 __, 1995 Reappoint 1997-Yes 1997Replacement: ~ ~. ~y F~t~rs Title: ?:oy~r Fr~ T~m City: No ~ No No No Please return by Monday, November 18. 1996 to: League of California Cities Atto: Marian Avila 1400 K Street, Sacramento, CA 95814 .FAX: (916) 658-8240 policy\divform ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTION 430 OF THE UKIAH CITY CODE TO AUTHORIZE THE CITY ENGINEER TO APPOINT A DESIGNEE TO SERVE IN HIS OR HER ABSENCE The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE Section 430 of the Ukiah City Code is hereby amended to read as follows: §430: DUTIES OF CITY ENGINEER: The City Engineer, or, in his or her absence, his or her designee, shall perform all of the duties now or hereafter required of the City Engineer by any law of the State of California, ordinance of the City, or order of the City Council. He shall establish, mark and make a record of the grades and locations of all public streets, sidewalks, alleys, parks, sewers, gutters and water ways and do such engineering work on public works and property of the City as may be necessary or required by the City Council. With the approval of the City Council, he shall employ such labor and engage such vehicles, equipment, implements, and facilities as may be necessary in the performance of his duties and direct the operation of the same. (Ord. 346, §1, adopted 1941) The City engineer shall appoint a designee to serve in his or her absence. The person so designated must be a City employee who possesses the necessary qualifications to perform the duties of the City Engineer. SECTION TWO This Ordinance shall be published as'required by law and shall become effective thirty (30) days after it is adopted. Introduced by title only on January 15, 1997, by the following roll call vote: AYES: NOES: ABSENT: s:\u\ords97\ce January 9, 1997 Adopted on , 1997, by the following roll call vote: AYES: NOES: ABSENT: ATTEST: Sheridan Malone, Mayor Colleen Henderson, City Clerk s:~u~ords97\ce January 9, 1997 AGENDA SUMMARY ITEM NO. 11d DATE: JANUARY 15, 1997 REPORT SUBJECT: ADOPTION OF RESOLUTION ESTABLISHING A TIERED PAYMENT PLAN FOR ELECTRIC UTILITY CUSTOMERS In 1995 the City Council adopted the City of Ukiah meter change out program as a response to staff's report concerning electric meter accuracy. The result of testing older meters demonstrated that some customers were consuming more electricity than was being registered. The intent of the meter change out program is to test every city meter and calibrate or replace the meters that were not registering accurate electric usage. This program is designed to ensure that the City's electric meters are accurately recording electric energy consumed by businesses and residents within the city limits. The implementation of this program started with the commercial business accounts that are on the E7 rate schedule, the City of Ukiah's highest users, and will continue through to the residential customer accounts. Of the 100 meters replaced, 74 meters were found to be inaccurate. The vast majority of these tested had an inaccuracy factor of 1 to 5%. However, one customer actually experienced an increase in electric usage of 62% after replacement of the meter, which can obviously adversely affect any business' budget. While the electric energy is undoubtedly consumed, the City of Ukiah has been attempting to maintain flexibility by offering payment arrangements to these customers. (Continued on page 2) RECOMMENDED ACTION: Adoption of Resolution Establishing a Tiered Payment Plan for Electric Utility Customers ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Do not authorize this Tiered Payment Plan and take no action. 2. Determine a revised Tiered Plan is appropriate, identify the desired modifications, and direct staff to implement changes and place this matter on the next agenda for final action. Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Acct. No.: N/A N/A N/A Patsy Archibald, Customer Service Supervisor Gordon Elton, Finance Director, Darryl Barnes, Director of Public Utilities, and Candace Horsley, City Manager 1. Resolution for adoption, page 1. 2. Exhibit A, Summary of Plan Procedures and Qualifications, page 2. 3. Exhibit B, Example of Plan Calculations, page 3. APPROVED: Candace I~orsley, City ~anager PA:TIERED.AGN Our efforts to accurately record and bill for all electric energy consumed can only serve to enhance revenue and thereby maintain stable rates. The recording of higher electric usage though accurate, could create an undue hardship on a business that is already struggling to make ends meet. In an effort to ease the burden of this increased cost of electricity, staff proposes a "tiered percentage payment plan" as a transition to higher bills that can be offered to affected customers. Only customers who's account has been active for twelve consecutive months of usage and who has experienced at least a 30% increase from their previous usage would qualify for this program. At this time, based on the present statistics, only one business qualifies for this plan. This plan would gradually ease a customer into paying their increased electric usage over a period of four (4) months. Exhibit A summarizes the procedure. The billing change would be implemented from the first full month of usage after the meter was replaced. The customer would be billed the difference between the current bill and the 1995 usage in the same month multiplied by 20% as shown in the table in Exhibit B. The second month's difference multiplied by 40%, the third month by 60% and the fourth month by 80%. The fifth month of full registered usage is then expected to be paid with no credit. Higher expected revenues would still be realized, after the initial four months, allowing the customer an opportunity to adjust their budget to accommodate the increased usage costs. The four (4) month period is based on a 20% per month progression and a realistic transitional period toward full and complete payment of the accurate registration of usage. The 30% increase threshold was established based on the meter testing results and consideration of the financial impact to a customer. The amounts of credit would be absorbed by the City in the form of a write off. Of the E7 rate schedule, our city's highest users, only one customer is eligible for credit of approximately $5,900. The total difference between the credit to be absorbed by the City and the additional revenue derived from the accurate registration of the usage for all schedules is not known at this time. It is expected that very few customers will experience such a dramatic increase in their electric usage as occured in the E7 group which is now complete. The testing of the meters in the E6 group, comprised of smaller commercial business accounts, is underway. Once the initial phase of the replacement program is complete, the City of Ukiah electric meters will then be tested every few year's. Page 2 EXHIBIT A PROCEDURE FOR THE TIERED PAYMENT PLAN Qualifications and Implementation: Ao a. Co Do Eo F. The account shall have a minimum of twelve (12) months prior usage by the same party at the location where the meter has been replaced. The registered electric usage shall have increased at least 30% over the usage registered in the same month the previous year. The credit to be applied to the account will be determined from the first full month the meter was replaced to the next expected meter reading. Each full month will be calculated independently from the others. Usage will be calculated into a daily consumption amount to avoid discrepancies in differences in the number of days in meter reading cycles. The difference between the registered electric usage for a month after meter replacement will be compared to the same month of the previous year and, if the difference is at least 30% greater, the amount of electric usage for that month to be paid for by the customer will be based on the previous year's usage plus the portion of the difference as defined in letter G. G. H. J. The program will be available for the first four months after the meter is replaced with the customer paying only 20% of the first month's registered difference, 40% of the second month's difference, 60% of the third month's difference, and 80% of the fourth month's difference. The customer is to pay the full amount of the registered monthly electric usage in the fifth and subsequent months. If one months' usage falls below the minimum 30% difference, the customer will be expected to pay the full amount. When the complete four (4) month period is calculated, if the average of the overall difference is more than 30%, the month with the lowest usage will also be credited by the actual percentage of difference. The credit will be applied to the next month's bill for service and not refunded in the form of a rebate payment to the customer. The amount of money billed, but not collected, as a result of this program shall be considered as a one time "uncollectible bill" and recorded in account 800.3765.696.XXX. J ,__ Page 3 III 0 RESOLUTION NO. 97- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING A TIERED PAYMENT PLAN FOR ELECTRIC UTILITY CUSTOMERS WHEREAS, the City of Ukiah has embarked upon a meter change out program to insure the electric meters throughout the City are accurately recording electric energy consumed by businesses and residents; and WHEREAS, this program may result in substantial changes to a customer's bill if the meter is significantly inaccurate and the replaced meter registers the true, but increased amount of electricity used; and WHEREAS, the City Council desires to provide a means whereby in extreme cases of increased electricity usage registration, a plan is available to customers allowing a progressive transition to full payments after a defective meter is replaced. NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of Ukiah establishes a "Tiered Payment Plan for Electric Utility Customers" subject to the following criteria and procedures: A. The account shall have a minimum of 12 months prior usage by the same party at the location where the meter has been replaced. B. The registered electric usage shall have increased by at least 30% over the usage registered in the same month the previous year. C. The credit to be applied to the account will be determined from the first full month the meter was replaced to the next expected meter reading. D.Each full month will be calculated independently from the others. E. Usage will be calculated into a daily consumption amount to avoid discrepancies in differences in the number of days in meter reading cycles. F. The difference between the registered electric usage for a month after meter replacement will be compared to the same month of the previous year and, if the difference is at least 30% greater, the amount of electric usage for that month to be paid for by the customer will be based upon the previous year's usage plus the portion of the difference as defined in letter G. G. The program will be available for the first four months after the meter is replaced with the customer paying only 20% of the first month's registered difference, 40% of the second month's difference, 60% of the third month's difference, and 80% of the fourth month's difference. The customer is to pay the full amount of the registered monthly electric usage in the fifth and subsequent months. vote: Ho Jo If one month's usage falls below the minimum 30% difference, the customer will be expected to pay the full amount of the new registered reading. When the complete four month period is calculated, if the average of the overall difference is more than 30%, the month with the lower usage will also be credited as noted in G. The credit will be applied to the next month's bill for service and not refunded in the form of a rebate payment to the customer. The amount of money billed, but not collected, as a result of this program shall be considered as a one time "uncollectible bill" and recorded in account 800.3765.696.XXX PASSED AND ADOPTED this 15th day of January, 1997 by the following roll call AYES: NOES: ABSENT: ABSTAIN: ATTEST: Sheridan Malone, Mayor Colleen Henderson, City Clerk m~:re~)rd PAYPLAN 2 AGENDA SUMARY ITEM NO. 1 le DATE: JANUARY 15, 1997 REPORT SUBJECT: CONSIDER AND APPROVE AN ADDENDUM (CHANGES TO PROJECT TRAFFIC) TO THE CERTIFIED CITY OF UKIAH LANDFILL PERMIT REVISION FINAL EIR AND INCORPORATE ADDENDUM INTO THE EIR ADMINISTRATIVE RECORD SUMMARY Submitted for the Council's review and consideration is an Addendum to the Final EIR which was prepared for the Project entitled "City of Ukiah Landfill Permit Revision." This Addendum evaluates a proposed revision to the types of vehicles that would bring additional waste to the Ukiah Landfill from the cities of Fort Bragg and Willits and their environs. CONTINUED ON PAGE 2 RECOMMENDED ACTION: After review of the Proposed Addendum to Change Project Traffic Composition; (1) make text changes to the Addendum as indicated in this agenda report, and (2) approve and adopt the Addendum to the Certified City of Ukiah Landfill Permit Revision Final EIR and incorporate the Addendum into the EIR Administrative Record after making the final findings: 1. No new additional significant environmental effects will occur. 2. No previously identified significant effects will be substantially more severe than indicated in the Certified EIR. 3. The proposed revision will not substantially affect the circumstances under which the Project is to be undertaken. 4. No new information of substantial importance is available that would affect the conclusions of the EIR. 5. No previously infeasible mitigation measures or alternatives have become feasible and no appropriate new mitigation measures or alternatives have been identified. and (3) Adopt the revised Mitigation Monitoring Program. ALTERNATIVE COUNCIL POLICY OPTIONS: Do not adopt Addendum and return item to Staff for additional information. Appropriation Requested: Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: 1. N/A N/A Rick H. Kennedy, Director of Public Works/City Engineer Rick H. Kennedy, Director of Public Works/City Engineer Candace Horsley, City Manager . City of Ukiah Landfill Permit Revision Environmental Impact Report Addendum. Proposed Revised Mitigation Monitoring Program. Copy of Revised Solid Waste Facilities Permit. APPROVED:~ ~ Horsley, Candace Ci~ -~anager Consider and Approve an Addendum (Changes to Project Traffic) to the Certified City of Ukiah Landfill Permit Revision Final EIR and Incorporate Addendum into the EIR Administrative Record January 15, 1997 Page 2 For purposes of identifying traffic impacts in the EIR, it was assumed that the additional waste would be delivered to Ukiah's Landfill in transfer trucks having load capacities of 25 tons. The current commercial refuse collector for Willits (Solid Waste of Willits) is requesting permission to deliver solid waste to Ukiah's Landfill in garbage collection trucks and drop boxes in-lieu of large transfer trucks. The proposed change in vehicle types will result in a maximum of approximately 14 additional daily round trips by trucks somewhat smaller than the assumed transfer trucks. It is demonstrated in this Addendum that the proposed changes to the types of vehicles delivering the additional waste to the Landfill will not result in any substantial changes requiring major revisions to the EIR. No new significant environmental effects will occur and no previously identified significant effects would be substantially more severe than indicated in the EIR. The proposed revision will not substantially affect the circumstances under which the project is to be undertaken and no new information of substantial importance is available that would affect the conclusions of the EIR. No previously infeasible mitigation measures or alternatives have become feasible and no appropriate new mitigation measures or alternatives have been identified. BACKGROUND On February 7, 1996, the Ukiah City Council certified the Final EIR which was prepared in consideration of a Project involving a Landfill Permit Revision for the City's Landfill located at the terminus of Vichy Springs Road. The City desired to have its Solid Waste Facilities Permit modified to-allow it to accommodate waste disposal needs while alternative disposal programs of a regional significance were being developed by the Mendocino Solid Waste Management Authority (MSWMA). To accomplish this end, it was necessary that the Landfill be allowed to accept an average of 190 tons per day with a daily maximum of 295 tons. The 190 tons per day coverage is equal to the total volume of waste generated within Mendocino County. With the closure of the Casper Landfill, the communities of Fort Bragg and Point Arena have elected to haul their waste to the City of Willits Landfill. The Willits Landfill is projected to close in May or June 1997 which will force Willits, Fort Bragg and other communities along the Mendocino Coast to seek other disposal sources. Since the proposed regional Solid Waste Transfer Station being planned by MSWMA will not be ready to receive waste for long haul shipment until the Fall of 1998, the City of Ukiah has elected, by actions of the previous City Council, to offer its Landfill as a destination for the waste currently being diverted to the Willits Landfill. City Staff and members of the former City Council are of the opinion that it is to Ukiah's advantage to encourage all communities within Mendocino County to participate in MSWMA's Regional Transfer Station and that Ukiah's Landfill is a key to keeping the region together. If Ukiah's Landfill is not available to Willits, Fort Bragg and their environs during the interim period between Willits Landfill closure and the opening of the Regional Transfer Consider and Approve an Addendum (Changes to Project Traffic) to the Certified City of Ukiah Landfill Permit Revision Final EIR and Incorporate Addendum into the EIR Administrative Record January 15, 1997 Page 3 Station, these communities will be forced to seek other long-term solid waste handling measures. Should each community be forced to construct and operate its own long haul transfer facility, the rate payers will be charged higher fees because of lower waste volumes at each facility. During the preparation of the EIR for the Landfill Permit Revision, it was assumed that the waste from Fort Bragg and Willits would be delivered to Ukiah's Landfill in large transfer trucks having capacities of 25 tons each. Since it was also assumed that the daily waste generation from these communities ranged from 70 to 85 tons a day, it was estimated that four (4) additional truck round trips would occur at the Landfill. The analysis of the environmental effects due to additional traffic was based on these four (4) additional round trips. The Mitigation Monitoring Program was also established to allow only the use of large transfer trucks to deliver the additional waste to Ukiah's Landfill. Solid Waste of Willits, the commercial franchised refuse collector for the City of Willits and portions of the County, has requested that they be permitted to deliver waste collected within Willits and its environs in garbage collection trucks and large drop boxes. This method of delivery is preferred by Solid Waste of Willits because it will not necessitate the need to procure transfer equipment. This request would require a change or revision to the Certified EIR and corresponding Mitigation Monitoring Program. The attached draft report entitled "City of Ukiah Landfill Permit Revision Environmental Impact Report Addendum" dated June 13, 1996, has been prepared to evaluate the proposed revision. CEQA allows a lead agency to prepare an addendum to a previously certified EIR if some changes or additions to it are necessary provided that none of the conditions that require a subsequent EIR exist. CEQA requires a subsequent EIR when the lead agency determines that one or more of the following apply: o Substantial changes in the proposed project require major revisions of the EIR due to a new significant environmental effect or a substantial increase in the severity of a previously identified significant effect; . Substantial changes in the circumstances under which the project would be undertaken require major revisions of the EIR due to a new significant environmental effect or a substantial increase in the severity of a previously identified significant effect; or . New information of substantial importance, which was not known and could not have been known at the time the EIR was certified, shows that (a) the project would have a significant effect not discussed in the EIR; (b) a previously examined significant effect would be substantially more severe than indicated in the EIR; (c) mitigation measures or alternatives previously found to be infeasible would, in fact, be feasible, but the project Consider and Approve an Addendum (Changes to Project Traffic) to the Certified City of Ukiah Landfill Permit Revision Final EIR and Incorporate Addendum into the EIR Administrative Record January 15, 1997 Page 4 proponent declines to adopt them; or (d) mitigation measures or alternatives that are considerably different from those analyzed in the EIR would substantially reduce one or more significant environmental effects, but the project proponent declines to adopt them. The EIR Addendum reflects the proposed revision to the project, while demonstrating that none of the conditions requiring the preparation of a subsequent EIR apply. The proposed revision addressed in the Addendum involves only minor technical changes and does not substantially alter conclusions presented in the EIR. The Addendum has not been circulated for public review since CEQA does not require its circulation. Staff recommends that the following text changes be made to the draft of the Addendum dated June 13, 1996. le Page 1, insert the following sentences after the first sentence of the second paragrah, "On July 30, 1996, the CIWMB concurred with the proposed Revision to Ukiah's Solid Waste Facilities Permit to allow an average daily disposal rate and maximum disposal rate of 190 tons. On August 8, 1996, the LEA issued the Revised Permit." o Page 1, delete second sentence from second paragraph which reads "The maximum disposal rate would be 295 tons per day." R:I~ANDFILL ALPR.EIR City of Ukiah Landfill Permit Revision Environmental Impact Report Addendum June 13, 1996 DRAFT INTRODUCTION The City of Ukiah owns and operates a municipal solid waste landfill in the Mayacamas Mountains, about three miles northeast of the City. Each day, the City accepts an average of about 98 tons of refuse at the landfill. Recently, the City submitted permit revisions to the California Integrated Waste Management Board to raise the average disposal rate indicated on the City's Solid Waste Facilities Permit from 50 tons per day to 190 tons per day. The City did not propose any other changes to the physical characteristics of the landfill (e.g., height or footprint). Prior to approving this project on February 7, 1996, the City certified a Final Environmental Impact Report (EIR) (State Clearinghouse g93102051) in accordance with the California Environmental Quality Act (CEQA). The Final EIR comprised a Draft EIR, a Supplemental Draft EIR, EIR Appendices, and a Response to Comments Addendum. PROPOSAL TO REVISE THE PROJECT As part of the project approved February 7, 1996, the City may increase the average disposal rate at the landfill, as necessary, to about 190 tons per day, after the California Integrated Waste Management Board approves the revised Solid Waste Facilities Permit. The maximum disposal rate would be 295 tons per day. This increase would allow additional jurisdictions within Mendocino County to use the Ukiah landfill. Because most waste from these jurisdictions would travel relatively long distances to reach the Ukiah landfill, these jurisdictions would be required, as a condition of the project evaluated in the EIR, to ship their waste in transfer trucks capable of carrying up to 25 tons in each load. This requirement was adopted during the project approval process, particularly because the EIR analysis relied on this assumption. At this time, the City of Willits and the City of Fort Bragg have requested to ship some of their refuse to the Ukiah landfill. Willits is roughly 25 miles from the Ukiah landfill, and Fort Bragg is roughly 55 miles from the landfill. These cities would prefer not to transport their waste in the type of large transfer truck (25 ton capacity) previously proposed as part of the project. Instead, they propose to send various smaller tracks to the landfill. As indicated in Table 1, this modification to the proposed project would result in a maximum of about fourteen additional daily round trips by trucks somewhat smaller than previously anticipated. Because the revision would not affect the average daily volume of waste permitted at the landfill, it would decrease the volume of waste shipped in transfer trucks. Table 1 indicates the typical loads to be carried by the trucks. Consequently, the average number of large transfer trucks arriving at the landfill each day could be fewer than the four evaluated in the EIR. To ensure a conservative analysis, 1 DRAFT TABLE 1: DAILY VEHICLES ASSOCIATED WITH THE REVISED PROJECT Service Area Number of Truck Trips (round trips) Type of Truck Total Load (tons) Willits 7 garbage packer 6 to 7 4 roll-off 3 to 8 Fort Bragg 1 transport 14 to 18 2 roll-off 1.5 to 45 Elsewhere in 4 transfer up to 25 Mendocino County/a/ /a/ These trips were included in the EIR analysis. Some may be unnecessary if smaller trucks from Willits and Fort Bragg are used, but they are included here to ensure a conservative analysis. SOUCE: City of Ukiah, 1996 this document does not assume that the additional trucks from Willits and Fort Bragg would necessarily decrease the number of transfer trucks considered in the EIR. No other changes to the previous project are proposed. As stated in the EIR, no self-haul vehicles would be permitted to use the Ukiah Landfill other than those associated with the existing service area. PURPOSE OF ADDENDUM Allowing refuse from new service areas to arrive at the Ukiah Landfill in trucks smaller than transfer trucks would be inconsistent with the project previously evaluated in the EIR. This Addendum is intended to reconcile this difference. Under CEQA, a lead agency is to prepare an addendum to a previously certified EIR if some changes or additions to it are necessary, provided that none of the conditions that require a subsequent EIR exist. CEQA requires a subsequent EIR only when a lead agency determines one or more of the following (CEQA Guidelines, § 15162): 2 DRAFT substantial changes in the proposed project require major revisions of the EIR due to a new significant environmental effect or a substantial increase in the severity of a previously identified significant effect; . substantial changes in the circumstances under which the project would be undertaken require major revisions of the EIR due to a new significant environmental effect or a substantial increase in the severity of a previously identified significant effect; or . new information of substantial importance, which was not known and could not have been known at the time the EIR was certified, shows that (a) the project would have a significant effect not discussed in the EIR; (b) a previously examined significant effect would be substantially more severe than indicated in the EIR; (c) mitigation measures or alternatives previously found to be infeasible would, in fact, be feasible, but the project proponent declines to adopt them; or (d) mitigation measures or alternatives that are considerably different from those analyzed in the EIR would substantially reduce one or more significant environmental effects, but the project proponent declines to adopt them. This EIR Addendum reflects the proposed revision to the project, while demonstrating that none of the conditions above apply to the revisions. To decide whether to allow the Ukiah Landfill to accept refuse not delivered in transfer tracks, the City of Ukiah will consider this Addendum. To this end, documents included in the City of Ukiah Landfill Permit Revision Final EIR (the Draft EIR, Supplemental Draft EIR, EIR Appendices, and Response to Comments Addendum) are hereby incorporated into this Addendum by reference. Each is available for review at the City of Ukiah Public Works Department. Because, as explained below, the proposed revision addressed in this Addendum involves only minor technical changes and does not substantially alter the conclusions presented in the EIR, CEQA does not require the City to circulate this Addendum for public review. IMPACTS AND MITIGATION As shown in Table 2, the proposed revision to the project would primarily affect traffic, air quality, noise, and historic and cultural resources. These effects would not be substantial, as explained below. TRAFFIC Table 3 presents the EIR assumptions regarding existing and cumulative traffic volumes on roads in the vicinity of the landfill. It also presents the project-related traffic assumptions used in the EIR analysis and the assumptions that would apply under the revised scenario. The following discussion addresses the effects the revision would have on nearby road segments, the intersection of Vichy Springs and Redemeyer Roads, traffic safety, and road conditions. 3 DRAFT TABLE 2: EFFECTS OF THE REVISED PROJECT Project Impact Land Use Policies and Plans The project would be consistent with the Mendocino County General Plan. The project is consistent with the Mendocino County Zoning Code. Traffic and Circulation Project-related landfill truck traffic on Vichy Springs Road would increase by about four trucks per day over the existing traffic volume. Increased truck traffic at the intersection of Vichy Springs Road and Redemeyer Road could deteriorate the level of service (LOS) from LOS A to LOS B. Project-related truck traffic could affect traffic safety. Project-related traffic could affect road conditions. Project-related traffic, combined with existing traffic and traffic generated by foreseeable new development, could deteriorate the level of service at the intersection of Vichy Springs Road and Redemeyer Road to LOS C. Plants and Wildlife The project could contribute to the continued transport of sediment-bearing water into Russian River fisheries and spawning areas. The project could, in the near-term, increase the amount of leachate produced by the landfill, which could contribute to the potential for leachate to escape from the existing containment ponds, where it could enter the Russian River. Air Quality The project would not substantially affect the amount of landfill gases emitted from the landfill. Due to the relatively little additional traffic that would result from the project, emissions of criteria air pollutants (i.e., ozone, carbon monoxide, nitrogen oxides, sulfur oxides, and lead) would not substantially increase (see discussion of particulate matter, below). Effect of PrOject Revision The revision would not affect land use at the project site; therefore, it would not affect consistency with the Mendocino County General Plan. The revision would not affect zoning; therefore, it would not affect compliance with zoning. Effects are discussed in this Addendum. Effects are discussed in this Addendum. Effects are discussed in this Addendum. Effects are discussed in this Addendum. The revision would not affect the volume or rate of waste deposited in the landfill or the landfill design; therefore, it would not affect water-related erosion. The revision would not affect the volume or rate of waste deposited in the landfill; therefore, it would not affect leachate generation. The revision would not affect the volume or rate of waste deposited in the landfill; therefore, it would not affect landfill gas generation. Effects are discussed in this Addendum. (Continued) 4 DRAFT TABLE 2: EFFECTS OF THE REVISED PROJECT (Continued) Project Impact Project related increases in particulate matter (dust) emissions would not exceed state standards. The project would not substantially increase odors associated with the landfill. Geologic, Seismic, Erosion, and Soil-Related Impacts The project would not substantially affect the probability that a landslide could occur during an extreme seismic event. The project could contribute to the transport of sediment-bearing water (water that contains colloidal matter that does not settle out in the sedimentation basin) into Russian River fisheries and spawning areas (see "Plants and Wildlife," above). Water Quality The project could contribute to the potential escape of ieachate into local groundwater. Data indicate that the landfill may lie over a separate groundwater system than the Vichy Springs and that the project would be unlikely to substantially affect the potential for leachate to enter the groundwater system that serves the springs. Noise Project-related increases in track traffic would raise the noise level at the Vichy Springs Resort less than 5.0 dB above existing noise levels. As the construction of the landfill approaches closure, some activities will take place at a higher elevations, closer to the Vichy Springs Resort. With or without the project, noise levels from operations at higher elevations would increase by about 1.0 dB. This increase could occur sooner with the project. Historic and Cultural Resources Project-related traffic, noise, dust, and other real and perceived effects associated with the landfill could exacerbate existing conditions that threaten the viability of the Vichy Springs Resort, a California State landmark. Effect of Project Revision Effects are discussed in this Addendum. The revision would not affect the volume or rate of waste deposited in the landfill; therefore, it would not affect landfill odors. The revision would not affect the volume of waste deposited in the landfill or the landfill design; therefore, it would not affect seismic hazards. The revision would not affect the volume or rate of waste deposited in the landfill; therefore, it would not affect water-related erosion. The revision would not affect the volume or rate of waste deposited in the landfill; therefore, it would not affect leachate generation. The revision would not affect the volume or rate of waste deposited in the landfill; therefore, it would not affect leachate generation. Effects are discussed in this Addendum. The revision would not affect the volume or rate of waste deposited in the landfill or the landfill design; therefore, it would not affect operational noise levels. Effects are discussed in this Addendum. SOURCE: Environmental Science Associates DRAFT TABLE 3: EXISTING, CUMULATIVE, AND PROPOSED TRAFFIC VOLUMES Previous Revised Road Segment Existing Cumulative/a/ Project Project/b/ Vichy Springs East of Perkins East of Redemeyer Redemeycr North of Vichy Springs Peak Peak Daily Hour/c/ Daily Hour/c/ Daily Daily (veh/day) (veh/hr) (veh/day) (veh/hr) (veh/day) (veh/day) 3,137 314 5,420 559 8 36 778 64 3,070 318 8 36 2,347 258 2,400 265 0 0 /a/ These cumulative traffic volumes do not include the project and are exaggerated by assuming that landfill traffic will increase proportionally with anticipated population growth for the existing landfill service area over the next 20 years (Draft EIR p. IV. 14). This assumption is conservative because the landfill will close within the next few years, and landfill traffic will. cease to contribute to cumulative traffic. /b/ The estimated 36 daily vehicle trips for the revised project include the eight trips evaluated in the EIR for the previous project and the 28 trips that would result from the project revision. Because the landfill would not accept more waste each day than described in the EIR, some trips of the original eight transfer truck trips may not occur. /c/ Peak hour values are estimated for weekday afternoons. SOURCE: Draft EIR pp. IV.8 and IV. 14; Environmental Science Associates Road Segments Traffic on roads at or beyond capacity results in unstable flows, or restricted speeds or ability to maneuver (Draft EIR p. IV.5). The EIR compares existing peak traffic volumes on various roads with the capacity of the roads (Draft EIR p. IV.8). Vichy Springs Road currently operates at acceptable levels (level of service [LOS] A and LOS B) between Perkins Street and the landfill. Because substantial capacity remains for additional traffic, traffic associated with the proposed 6 DRAFT revision would not decrease capacities to an unacceptable level (LOS D or worse), and the impact would be less than significant. Although cumulative traffic conditions on studied road segments are expected to result in lower, yet still acceptable, levels of service (i.e., LOS B and LOS C), the relatively few additional trips associated with landfill operations under the revised scenario would not be sufficient to result in conditions of LOS D or worse (Draft EIR p. IV. 14); therefore, the cumulative impact would also be less than significant. Intersection The significance of impacts to intersection operations is measured in terms of reserve capacity (Draft EIR p. IV.5). The intersection of Vichy Springs and Redemeyer Roads currently operates at LOS A, and under cumulative conditions, it would also operate at LOS A (Draft EIR pp. IV. 11 and IV. 15). Because the project, either as previously proposed or as revised, would involve relatively few additional trip~, it would not substantially affect the reserve capacity for any intersection movements. The level of service would not drop below LOS C, and the traffic impact would be less than significant. Traffic Safety The project would not affect existing traffic safety hazards, but because increasing the volume of traffic would increase the probability that a vehicle accident could occur, revising the project to include additional truck trips would result in an incremental increase in accident probability. However, as explained in the EIR (Response to Comments Addendum p. 2.93, response I4), the potential for accidents is believed to be relatively low, and the relatively small increase in traffic proposed as part of the revision would not alter this conclusion. Therefore, this impact would remain less than significant. Road Conditions The EIR states that the project would pose a significant impact to road conditions in the vicinity of the landfill (Response to Comments Addendum pp. 1.6 and 2.55, response El5, Draft EIR p. 1II.2). Heavier trucks cause more damage to roads. Because the revision essentially redistribu~ome of the incoming waste among smaller tracks, the resulting wear and tear on Vichy Springs Road may be similar to or less than that anticipated in the EIR. Mitigation DRAFT identified in the EIR and adopted as a condition of project approval would adequately address this impact by requiring the City to contribute its fair share of the costs to maintain Vichy Springs Road. As part of this mitigation, the City and Mendocino County will restore Vichy Springs Road to acceptable standards following the closure of the landfill. Therefore, with or without the revision, this impact would be less than significant when mitigation is implemented. Revising the project could result in vehicle trips in addition to those evaluated in the EIR and, in turn, would result in additional pollutant emissions. Table 4 reviews the emissions data presented in the EIR and compares emissions that would result from the previous project to those that would occur with the revision. As shown in Table 4, with or without the proposed revision, project-related emissions of carbon monoxide, reactive organic gases, nitrogen oxides, and sulfur oxides would not exceed significance standards. The additional emissions were estimated on the basis of emissions factors obtained from the California Air Resources Board's on-road motor vehicle emission factor model EMFAC7F (version 1.1) and account for the distances the additional vehicles would travel to reach the landfill (ESA, 1996a). These calculations do not subtract the baseline emissions of existing Willits and Fort Bragg truck trips to the Willits landfill (e.g., trucks already transport refuse from Fort Bragg to Willits); therefore, the estimated revised project emissions in Table 4 are somewhat overstated. Existing Fort Bragg and Willits truck trips would continue if the project revision were not approved, but when the Willits landfill closes, these trips could travel substantially farther than they do now or than they would be if transporting waste to Ukiah. The EIR indicates that the previously proposed project would increase particulate emissions (PM10) from about 5.7 tons per year to about 11.5 tons per year, an increase of about 5.8 tons per year (Supplemental Draft EIR p. llI. 10). On the basis of emissions factors obtained from EMFAC7F, the proposed revisions would add about 0.7 tons per year to the previously reported increase of 5.8 tons per year, for a total project-related increase of about 6.5 tons per year (ESA, 1996a). The EIR estimates particulate emissions primarily in the context of the landfill site, and uses a concentration-based significance standard; however, the particulate emissions resulting from the proposed revisions would principally occur off site; therefore, this Addendum considers a different standard: an overall project-related increase in particulate emissions of 14.6 tons per 8 DRAFT TABLE 4: PROJECT-RELATED AIR EMISSIONS Pollutant/a/ Existing Emission Rate (tons/year) Previous Revised Project Project/b/ Standard Carbon Monoxide (CO) 1.78 Reactive Organic Gases (ROG) 0.38 Nitrogen Oxides (NOx) 5.50 Sulfur Oxides (SOx) 0.60 1.77 4.20 100.38 0.39 0.94 1.15 lc/ 5.50 9.36 27.38 0.61 2.25 27.38 /a/ Aldehydes are not included in this analysis because they are not criteria air pollutants and would not be expected to pose substantial environmental effects, particularly in light of the relatively minor criteria air pollutant emissions considered here. /b/ Emissions for the revised project are estimated on the basis of 18 trucks per day, which include the four trucks evaluated in the EIR and the 14 additional trucks anticipated with the proposed revision. Because the landfill would not accept more waste each day than described in the EIR, some of the trips by the original four transfer trucks may be unnecessary if packer and roll-off trucks transport some waste. /c/ Although ozone is of concern in Mendocino County and reactive organic gases are ozone precursors, this significance standard appears to be low. The source of the 1.15 tons per day standard is unknown, but because neither the previous project nor the revised project would exceed this standard, it is of little consequence. Mendocino County uses a threshold of 220 pounds per day (about 40 tons per year, assuming 365 operating days) to distinguish major sources from minor sources of volatile organic compounds (many of which are reactive organic compounds) (Towle, 1996). SOURCE: Supplemental Draft EIR p. 1II. 10; Environmental Science Associates year would be significant. This standard is derived from Mendocino County's Source Review Rule, which uses an emissions rate of 80 pounds per day to distinguish major sources of particulate emissions from minor sources (Towle, 1996). On the basis of this standard, neither the previously proposed project nor the project revisions would result in a significant increase in particulate emissions. NOISE The EIR uses the following significance thresholds for noise impacts: (1) a noise increase of 5.0 dB above the existing noise level would be significant, and (2) a noise increase of 0.5 dB or more would be significant if the existing noise level already exceeds applicable noise standards 9 DRAFT (Response to Comments Addendum p. 2.67, response Gl). The EIR estimates noise levels at four locations: Vichy Springs Road at the landfill side of the Vichy Springs Resort entrance, at the Redemeyer Road side of the Vichy Springs Resort entrance, and at Redemeyer Road; and Redemeyer Road north of Vichy Springs Road (Draft EIR p. IV.87). In each case, the existing noise level was less than 60 dB Ldn when measured; therefore, a noise increase of 5.0 dB would constitute a significant impact. The Federal Highway Administration noise prediction model was used to estimate how the proposed revision would affect the noise levels estimated for the previously proposed project (ESA, 1996b). To complete these calculations, several assumptions were made. First, all new vehicles were assumed to be heavy trucks, which create the most noise. These vehicles were assumed to travel at the speed limit of 35 miles per hour, and changes in noise levels were estimated for locations 100 feet from the road. None of the additional 28 one-way trips that would result from the revised project would occur between 10:00 p.m. and 7:00 a.m. (i.e., the noise level need not be adjusted to account for nighttime noise). As shown in Table 5, the results of the calculations indicate that, with the additional traffic that could occur under the revised conditions, the noise levels estimated in the EIR could increase by between 0.2 to 1.7 dB. However, after adding this incremental noise increase to the noise levels stated in the EIR (Draft EIR p. IV.87), no change in noise level would exceed the 5.0 dB significance threshold. Therefore, revising the project to include the additional truck trips would not result in substantially greater noise impacts, and as concluded in the EIR, the impact of increased traffic noise would be less than significant, with or without the revision. HISTORIC AND CULTURAL RESOURCES The EIR discusses the potential effects of the project on historic and cultural resources. According to the EIR, the project could have a significant and unavoidable impact on the Vichy Springs Resort, a significant historic resource (Response to Comments Addendum pp. 1.11; 2.27, response D5; and 2.185, response N50). The existing landfill may currently adversely affect the viability of the resort through undesirable traffic, dust, noise, or effects to groundwater, and the project could exacerbate these already adverse conditions. Because the proposed revision would incrementally increase project-related traffic, traffic noise, and vehicle emissions of criteria air pollutants, it could also incrementally increase the severity of the impact to the Vichy Springs Resort. 10 DRAFT TABLE 5: PROJECT-RELATED NOISE Location Vichy Springs Road -- at Landfill Side of Vichv Springs Resort Entrance Existing Existing plus Project Existing plus Revised Project Vichy Springs Road -- at Redemeyer Road Side of Vichy Springs Resort Entrance Existing Existing plus Project Existing plus Revised Project Cumulative Cumulative plus Project Cumulative plus Revised Project Vichy Springs Road -- at Redemeyer Road and Russian River Existing Existing plus Project Existing plus Revised Project Cumulative Cumulative plus Project Cumulative plus Revised Project Redemeyer Road -- at North of Vichv Springs Road Existing Existing plus Project Existing plus Revised Project/b/ Cumulative Cumulative plus Project Cumulative plus Revised Project/b/ Estimated Change in Noise Level Noise Level (dBA Ldn) (dBA Ldn) la/ 50.1 50.2 0.1 51.9 1.8 55.3 55.3 0.0 55.9 0.6 59.3 59.3 4.0 59.5 4.2 57.9 57.9 0.0 58.2 0.3 60.3 60.3 2.4 60.5 2.6 56.8 56.8 0.0 57.2 0.4 56.9 56.9 0.1 57.3 0.5 la/ The change in noise level is given with respect to existing conditions. /b/ These estimates are inflated because few, if any, of the vehicles associated with the proposed revision would be likely to use Redemeyer Road north of Vichy Springs Road. SOURCE: Draft EIR p. IV.87, Environmental Science Associates 11 DRAFT The possible increase in the severity of this previously identified significant effect would not be substantial, particularly considering the relatively small increases in traffic, air emissions, and noise as analyzed and described in this Addendum. Traffic, noise, and air quality effects would all be less than significant when adopted mitigation is implemented. No new significant effects have been identified, and the proposed revision would not result in impact conclusions substantially different from those presented in the EIR. Furthermore, all measures to mitigate the potential impact to the Vichy Springs Resort have been adopted to the extent feasible. SUMMARY As explained above, the proposed revision would not result in any substantial changes requiring major revisions to the EIR. No new significant environmental effects would occur, and no previously identified significant effects would be substantially more severe than indicated in the EIR. Furthermore, the revision would not substantially affect the circumstances under which the project is to be undertaken in any that would require any major revision of the EIR, and at this time, no new information of substantial importance is available that would affect the conclusions of the EIR. Finally, no previously infeasible mitigation measures or alternatives have become feasible, and no appropriate new mitigation measures or alternatives have been identified. For these reasons, preparation of this Addendum is appropriate under CEQA, and preparation of another EIR is unnecessary. REFERENCES City of Ukiah, Public Works Department, letter, May 22, 1996. Environmental Science Associates (ESA), noise calculations, May 1996a. Environmental Science Associates (ESA), air quality calculations, May 1996b. Towle, Philip, Air Quality Specialist, Mendocino County Air Pollution Control District, telephone conversation, May 28, 1996. DOCUMENT PREPARERS Rick Kennedy, Public Works Director, Public Works Department, City of Ukiah. Paul Miller, Project Manager; Bill Johnson, Deputy Project Manager; Paul Mitchell, Jeff Wehling, Key Staff, Environmental Science Associates. 12 DRAFT INFORMATION ON COUNCIL COMMITTEES CITY SELECTION EDFC INVESTMENT OVERSIGHT LAFCO MCOG MENDOCINO INLAND WATER & POWER MSWMA MTA NCPA NCRA UVSD Selection of representatives for LAFCO and other committees Meeting Called by the Clerk of the Board as Required Federal funds - economic development, revolving loans Location rotates - 1st Wednesday - afternoon Review city investments, policies, & strategies Quarterly Funded by county, required by legislation - planning - oversee spheres of influence, annexation, service areas, special districts 1st Monday of every month - morning Plan & fund infrastructure and transportation 1st Monday of every month - afternoon Develop water resources & protect current water rights, Potter Valley project- Eel River Diversion Bi-Monthly Solid Waste JPA 3rd Wednesday of every month 9:00 a.m. - Willits County-wide transportation issues & funding Location rotates - 4th Thursday of every month - afternoon Pool of public utilities 4th Thursday of every month- Roseville Public agency board for rail system from Sonoma County to Eureka. Location rotates - 4th Wednesday every month 3:30 p.m. Reviews & determines policy for sewer systems in city and district area 3rd Wednesday of every month 1:30 p.m. - Called by the Utility Director (only if there is business to conduct) whep, llunler- .,d w(, to the with a ually eeks and ,r ~vhen ,dule for ~veather. · consis- then be ever had obvious- )ncc a vears ago ompost- RM's ap- .i boxes Leucaena s placed )st and roi piles, nd the e compost. e was al- ~post and ~. The thout the to decom- } quantity nitrogen rtia ) ~ve tv and )duce has Manage- .ase less .,nts that ~ reduced t ne :m last of design- :e. Space ill not be ,toa benefits, vpe of oper- of compost us to look n systems. t effective ween sue- i ts the ed to be in- f Shimonski nd Gardens ~mi, Florida HANDS-ON RECYCLING CENTER Sedona Recycles was created in 1989 to encourage community recycling et: forts. Supported by volunteers and fundraisers, we originally established two dropot'f sites for the greater Sedona area. Initially collecting and recycling up to 10 tons a month, we continued to expand into new and ongoing programs tbr six years with minimal financial and maximum volunteer resources. Today, we process upwards of 50 tons of recy- clable materials per month -- all of it collected, sorted and packaged for tran- sit by hand. Our to~vn still sends over 40 tons of resources to the landfill each day, so for all our efforts, we currently recvcle just over one ton per day. Our goal is to recycle 25 percent of all waste. Sedona Recycles solicited and re- ceived a $75,000 Arizona Department of Environment Quality grant to partially fund the construction of a community recycling center. Local businesses con- tributed over $80,000 in cash and in- kind services and many hundreds of hands from the community provided the labor. The center itself was built using salvaged and recycled content materi- als, and demonstrating energy efficient concepts in construction. At present, the winds of community eflbrts are blowing open the doors. More and more people are believing that "it is only ~vaste if we waste it." Adam Wayne Sedona Recycles Sedona. Arizona COMPOSTING IS NOT DISPOSAL .An article on the status of "degrad- able plastics" in the November 1995 is- sue of BioCvcle quoted two people who referred to composting as a "disposal" method. In addition, the American Soci- etv tbr Testing and Materials' new defi- nition of biodegradable refers to "available disposal conditions," imply- ing that composting is a disposal method. Other articles in the July and September 1995 issues of BioQvcle also referred to composting as a "disposal" method. These are not isolated exam- ples -- there are many others in the lit- erature and they regrettably appear to be increasing. Words create an image tbr the com- post industry, as noted in my previous commentaries on the impacts of our choices of vocabulary I BioQvcle, August 1994 and Ap,'il 1993). For several years, much hard work has gone into defining composting as a form of recycling and to properly place it in the resource and discard (or maybe "waste") management hierarchy. This hard work is eroded when eomposting is referred to as "disposal" and its feedstock materials are referred to as "waste," "debris," "trash," "garbage," etc. Composting is not disposal; it is a management practice that recovers and recycles organic materials. Thankfully, there have been some positive signs of improvement in the vocabulary used. For example, in an article about Cana- da's wet/dry eolleetion/eomposting programs IBioCyde, November 1995), one person said: "If you treat [organics] as waste, it becomes waste. If you treat it as part of na- ture, you can produce a good quality compost that earl be reintroduced into the natural environment." The words we use help shape how we manage potential compost feedstock materials. The use of neutral or positive words has a greater chance of leading to positive behavior than does the use of negative words. Until the compost in- dustry understands that it is involved in marketing itself and its products, it will fall short on these issues. Richard Kashmanian Senior Economist Office of Policy, Planning and Evaluation U.S. Environmental Protection Agency BRITISH COMPOSTING ASSOCIATION I ~vanted to write about activities of the Composting As- sociation in the United Kingdom since its launch last year, as well as bring you up to date on the very significant re- cent changes in British Government policy with regard to sustainable waste management. The Composting Association aims to oversee the devel- opment of all aspects of composting at municipal, commu- nity and home levels in the UK. We also hope to establish strong links with other European and USA organizations to share expertise and knowledge. Since its launch last year, the Association has grown substantially. Today, it has over 275 members drawn from both the public and private sectors, as well as academics, researchers and in- dividuals. The British Government published a draft national strategy on sustainable waste management in January, 1995. It included a number of worthy, but not specific tar- gets for composting. The Composting Association subse- quently tbrmulated an official response on behalf of its members, which has now been included in the final edi- tion of the national strategy, published in December 1995. The strategy -- the first ever integrated approach to waste management to be adopted in the UK- covers household and industrial wastes, and has increased the UK recycling target from 25 percent to 40 percent by the year 2005. Michael Walker The Henry Doubleday Research Association Conventry, United Kingdom Editor's note: The Jane, 1996 International issue of BioCvcle will feature a more detailed report from The Composting Association on the UK's integrated waste m a nogemen t strate,gy. O:', [ANIES'that supply wood ch .: to the biomass power plants · in ~' lifornia used to haul woody a~:' 'i, altural waste for free. How- e, :r prices for wood chips have f~ .{ .q dramatically. Growers now h. v: to pay if they want orchard wood remo,, ,~,:. As the economics shift, or- chardists , r.; finding ways to use wood residuals - : nd municipal yard trimmings -- in their r bards. For exa: : e, on his 30-acre citrus orchard south of S ~a Barbara, owner Bill Barrels has been. c '~ing with the city of Fillmore since Se~~ r ocr, 1993 to provide a home for its resic nti .i yard trimmings. As part of a shift to .... r, sustainable farming practices, Bartels ~ :n experimenting with orchard mulchfl:." '.:tee years ago. He receives a small ti: :i: ,g fee from the city to help cover the cost ..r :)rocessing the material into an. orchard ~n ich. ("I'm more comfortable than most far,,m rs would be with the idea of con- tracting :5 :h a municipality," he says. "My father x~- ,.s a city manager.") The ci::z ffFil~more works with its hauler, Harrism. I ~dustries, in an intensive educa- tion, insr:~e :don and enforcement system to minim/ .~ contaminants. "The collection crew h:, ~ 'three strikes and you're out' pro- gTam,' ~rtels points out. "They give two warnir, , :o residents who put contaminat- ed trir' ~ ngs our ibr curbside collection. If conta: .~ rots are found a third time, the "Tree, he mulched area are dramatically healtE · ' says Bill Bartels (right), who has been , ; ying residential yard trimmings to his o ~ 'd for the past two years. B/oCYCLE K~arin Grobe is an organics recycling specialist based in Santa Cruz, California. B~oC¥cLE MULCHING IN CALIFORNIA ORCHARDS Shifting economics for disposal take woody materials out of fuel markets and onto orchard rows. Result: Growers benefit from improved soil health and lower chemical inputs. Karin Grobe Pholos by Steve McClary city stops collecting yard trimmings from that individual." Compactor collection trucks dump the yard trimmings between the orchard rows. After obvious nondegradable contaminants (mostly tennis balls and plastic bags) are re- moved by hand, the trimmings are pushed to a depth of 12 to 14 inches ~vith a track laying skip loader and contaminants uncovered in the pro- cess are removed. Every few month.~, the material is chopped down depth of six to eight inches using $100,000 attachment called "the chopper," a hammer chipper de- ' signed to chop avocado and citru.~ prunings on the orchard floor. ~. ~:, Barrels, who estimates he presently .- is applying about 350 tons per acr~. has been surprised by the speed at ~vhich the yard trimmings break down. "The mulch seems' to evapo- rate in the hot, windy summer, espe- cially the spring material, which ha.s a high percentage of grass clippings," he says. "My goal was to cover all 30 aces in five years, but it may take longer ban that. Inmally he began concentrating the mulch in g-ravell'~ areas or where the soil has tested high in boron. Since 1993, he points out that the orchard's erosion and runoff problems have been brought under control, while adding two or three inches topsoil per year. Rartels also has been able to decrease of chemical fertilizer in mulched areas. "[ stopped foliar sprays, and haven't fertilized for two years," he says. "The soil looks good and trees in the mulched area are dramati- cally healthier." Weeds haven't been a prob- lem either. "Squash and tomatoes are the most frequent offenders," he says. "I mow the weeds, but I've harvested some pretty crazy looking squash." Unlike most southern Cali- DECE.XlBER 1995 [)E¢'I':\II:I-.I: J' ' r · -sa~oX' o~1 lxou eLI1 t,! uo!l~Jodo ~u!lsodmoa oql oaom el olq~ oq ,,~ sodo~ o~ ~Jo~a s~aolspooj s!~ jo soaanos ,u~u-O~ ao~a~I ~ 1~ ~u[~ooI si ~e~al~ ,,'suop -au~ a~o~l u~ lnd el lsodmoa ~nq el lue~ pue .~a~o omoa lso~. 'saoqq~[ou moaj la~ slU~Uld ..'Xap aae suolllpuoa uaqa lsnp saanpoad II os -~nu a~, s~s~q ~I}~p, uo smoapu}~ aql ~u~ -uanl pu~ si~[aol~m ~u~pupD. 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'JoUJOM sA~s ,,'sqluom Jommns ~p oql lo ~els aql eaeq Aero qalnm ]epun I~oS,, 'uoB~a!llno UeelO leUO!1UeaUOO qu~ peBeu~m l~ql s~oolq ol s5u!mm~l pJel pouemos jo seqou~ x~s ol lnoj qU~ peqolnm sMoolq pJeqoJo eJedLuoo 'pJeo8 luemafie -UelAI elseM pelmfielUl eluJoJlle9 Aq pepunj loe!oJd uo!lmlsuomap uem6 ueqm ue 'esop ues ql!M d!qs~eu~ed SCIUVH)IiO VINUOlllV) HI :lUff/SlOW 1lOS SilfiU:lSNO) H3111W Z 0 Z Z © .,go ~ ~ 0 · - - .- ~ ~ · .~ o .~ ~ '~ ~ ~- ~" .~ ~~ · _ WASTE' FACILITY PERMIT 1. Facility/Permit Number: 23-AA'001 9 2. Name and Street Addres of facilitys: Ukiah Solid Waste Disposal Site 3100 Vichy Springs Road Ukiah, CA 95482 3. Name and Mailing Address of Operator: City of Ukiah 300 Seminary Ave. Ukiah, CA 95482 4. Name and Mailing Address of Owner: City of Ukiah 300 Seminary Ave. Ukiah, CA 95482 5. Specifications: a. Permitted Operations: Composting Facility (mixed waste) Composting Facility (yard waste) Landfill Disposal Site Transformation Facility Material Recovery Facility Other: Processing Facility Transfer Station b. Permitted Hours of Operation: Open to public 8:00 a.m. to 4:00 p.m. Tuesday-Saturday. Open to commercial haulers 7:00 a.m. to 4:00 p.m. Wednesday-Friday, 8:00 a.m. to 4:00 p.m. Saturday, 6:00 a.m. to 4:00 p.m. Tuesday and days following holidays. Total 190 Tons/Day 190 Tons/Day 0 Tons/Day 4 Tons/Day Total 34 Tons/Day o Tons/Day 0 Tons/Day 210 Vehicles/Day 190 Vehicles/Day 10 Vehicles/Day 10 Vehicles/Day c. Permitted Tons Per Operating Day: Non-Hazardous - General Non-Hazardous - Sludge Non-Hazardous - Separated or commingled recyclables Non-Hazardous - (see Section 14 of Permit) Designated (See Section 14 of Permit) Hazardous (See Section 14 of Permit) d. Permitted Traffic Volume: Incoming waste materials Outgoing waste materials (for disposal) Outgoing materials from material recovery operations Key Design Parameters (Detailed parameters are shown on site plans bearing LEA and ClWMB validations): I Total Disposal I Transfer MRF Compost 283 a 40 aI a a a 3,700,000cy tpd tpd tpd Transformation tpd 950 ft 80 ft 9/98 -10/99 Permitted Area (in acres) Design Capacity Max. Elevation (Ft. MSL) Max. Depth (Ft. BGS) Estimated Closure Date This permit is granted solely to the operator named above. Upon a significant change in design or operation from that described herein, this permit is subject to revocation or suspension. The attached permit findings and conditions are integral parts of this permit and supersede the conditions of any previously issued solid waste facility permits. 6. Approval: A~ing'Officer Signaturt~g.~ John P. Morley, REHS III Name/Title 8. Received by CIWMB: '~U..L I 5 lc~96 lO.Permit Review Due Date: AUGUST 8, 2001 7. Enforcement Agency Name and Address: Mendocino County Division of Eqvironmental Health 880 North Bush Street Ukiah, CA 95482 9. CIWMB Concurrence Date: [~JL 3 0 l~.~6J 11 .Permit Issue Date: AUGUST 8, 1996 WASTE.FACILITY PERMIT Facility/Permit Number: 23-AA-0019 /~,[II2. Legal Description of Facility ~(attach map with RFI): southeast 1/4 of.section 10, Township 15 North, Range 12 West Mount Diablo Base and Meridian 13. Findings: a. This permit is consistent with the County Solid Waste Management Plan. Public Resources Code, Section 50000 (a)(l). b. This permit is consistent with standards adopted by the California Integrated Waste Management Board (CIWMB), Public Resources Code, Section 44010. c. The design and operation of the facility is in compliance (except for 14CCR Section 17258.23 ) with the State Minimum Standards for Solid Waste Handling and Disposal as determined by the LEA. The City of Ukiah has entered into a Stipulated Order of Compliance and Agreement with the Local Enforcement Agency to establish compliance dates for construction of perimeter gas monitoring wells and implementation of corrective action pursuant 14CCR Section 17258.23. A pre permit inspection was conducted by the California Integrated Waste Management Board on June 11, 1996. d. The City of Ukiah fire protection district has determined that the facility is in conformance with applicable fire standards as required in Public Resources Code, Section 44151. e. An environmental determination is filed with the State Clearinghouse. State Clearinghouse # 93102051 f. A County-wide Integrated Waste Management Plan has not been approved by the California Integrated Waste Management Board. g. The following authorized agent has made a determination that the facility is consistent with, and designated in, the applicable general plan: Mendocino County Department of Planning and Building Services. Public Resources Code, Section 50000.5(a). h. The Mendocino County Department of Planning and Building Services has made a written finding that surrounding land use is compatible with the facility operation, as required in Public Resources Code, Section 50000.5(b). 14. Prohibitions' a. The permittee is prohibited from accepting any liquids, non-hazardous waste requiring special handling, designated waste, or hazardous waste unless such waste is specifically listed below, and unless the acceptance of such waste is authorized by all applicable permits: Scrubber ash and boiler ash generated at Masonite Corporation, tires, scrap metal, appliances, green waste, construction/demolition debris. b. The permittee is additionally prohibited from the following items: Infectious wastes, automobiles, dead animals, batteries, well drilling muds. 15. The following documents also describe and/or restrict the operation of this facility (insert document date in spaces): Date: X Rcport of Facility Information 1996 Land Usc Permits and Conditional Use Pcrmits Air Pollution Permits and Variances X EIR or Negative Dc¢laration 1996 __ Lease Agreements - owner and operator _ _ Preliminary Closure/Post Closure Plan 1994 X X Closure Financial ResponsibiliW Document __ Contract Agreements - operator and contract X Waste Discharge Requirements __ Local & County Ordinances Final Closure & Postclosurc Maintenance Plans Amendment to RFI __ Other (list): 1994 /ID WASTE FACILITY PERMIT i -~.r,, ....... :, ................ - 23-AA.'0019 / l[ a. Results of all self-monitoring programs as described in the Report of Facility Information, will be reported as II follows: A ,orted To Pro__g. ram Weight/volume records Municipal solid waste Green waste Wood waste Metals Recyclables Ash Groundwater monitoring Upon request Quarterly Local Enforcement Agency North Coast Regional Water Quality Control Board (NCRWQCB) Landfill gas monitoring Special occurrences Quarterly Upon request Local Enforcement Agency Local Enforcement Agency and NCRWQCB Hazardous waste load screening Complaints Leachate monitoring pursuant to WDR 94-123 Alternative Daily Cover Upon request Within 24 hours of receipt of complaint Available for review Available for review Local Enforcement Agency Local Enforcement Agency Local Enforcement Agency and NCRWQCB Local Enforcement Agency ID WASTE F~CILITY PERMIT ,/11, ondi on : Facility/Permit Number: 23-AA-0019 , , . . o o . o o 10. 11. 12. The design and operation of the facility must comply with all federal, state, and local requirements and enactments. The facility shall meet the design, operational, and closure/post closure standards of the California Code of Regulations, Title 14, Chapter 3. This permit is subject to review by the LEA and may be modified, suspended, or revoked for sufficient cause following a heating. All landfill operations shall conform to the 1996 Report of Disposal Site Information. The operator shall comply with the monitoring and repo:ting program established in item 16 Self Monitoring of the Solid Waste Facility Permit. The facility has a permitted peak daily capacity of 190 tons, average daily capacity of 190 tons, and a maximum annual tonnage of 49,400. Materials to be accepted at the site include municipal solid waste, green waste, wood waste, scrap metal, appliances, recyclables, wood ash, tires, construction/demolition debris. The operator shall not make any change that would cause the design or operation of the facility not to conform with the terms or conditions of the permit; such a change may require a permit revision or modification. The use of synthetic tarps as alternative daily cover has been approved for the site. Compacted soil shall be applied as daily cover at least once every seven days or on the day preceding closed days of operation. The synthetic tarps must be applied in a manner that will minimize the development of nuisances. The LEA has the authority to instruct the operator to apply compacted soil as daily cover in response to nuisance violations attributed to the use of synthetic tarps. City landfill maintenance hours include Mondays 7:30 a.m. - 4:30 p.m., and Tuesday - Saturday 4 p.m. - 6 p.m. Maintenance hours may be extended due to emergency. The landfill may be open to commercial haulers on Monday upon approval of the LEA. The landfill operator will adhere to the proposed mitigations outlined in Table 1 of the Environmental Impact Report, Response to Comments Addendum. A final contour map of the borrow areas will be provided in the Final Closure/Post Closure Maintenance Plans. ITEM NO. 11 f DATE: January 15, 1997 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION AND ADOPTION OF RESOLUTION APPROVING MEMORANDUMS OF UNDERSTANDING FOR EMPLOYEE BARGAINING UNITS OF: i. Electric; ii. Miscellaneous; iii. Department Head; iv. Management; and v. Police. The City Manager has met with representatives of the Electric, Miscellaneous, Management, Department Head, and Police Units to discuss negotiation items for the 1996-97 fiscal year. The Units were very understanding of the fiscal issues which the City is currently facing and were willing to make concessions to meet the City's budgetary needs. These negotiations have resulted in tentative agreements which some units have ratified. All agreements are being submitted for Council's review and discussion in closed session with the City Manager. If the City Council approves the agreements in closed session, then adoption of the attached resolution in open public session would be necessary. RECOMMENDED ACTION: Consideration of MOU's and adoption of MOU resolution. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Do not adopt resolution. 2. Refer to Staff for amendments. Appropriation Requested: N/A Citizen Advised: N/A Requested by' N/A Prepared by- Kari Revheim, Personnel Officer ~03~ Coordinated with- Candace Horsley, City Manager Attachments: Proposed resolution. Candace Horsl~, ICity Manager 3 :MOU\ASR .MOU 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 25 26 27 28 1 2 3 4 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING MEMORANDUMS OF UNDERSTANDING BETWEEN THE CITY OF UKIAHAND THE ELECTRIC, MISCELLANEOUS, DEPARTMENT HEAD, MANAGEMENT, AND POLICE UNITS WHEREAS, the Employee/Employer Relations Officer has met and conferred in good faith with representatives of the Electric, Miscellaneous, Department Head, Management, and Police Units; and WHEREAS, Memorandums of Understanding have been arrived at; and WHEREAS, said Memorandums of Understanding have been presented to the City Council for its consideration. NOW, THEREFORE, BE IT RESOLVED that the Memorandums of Understanding for the Electric, Miscellaneous, Department Head, Management, and Police Units are hereby adopted and the Employee/Employer Relations Officer is authorized to enter into these Agreements for the fiscal year 1996-97. PASSED AND ADOPTED this 15th day of January, 1997, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Sheridan Malone, Mayor Colleen Henderson, City Clerk 3: PER\MOU. RES2 when ~lUlller- ~d we to the with a ually eeks and ,r when · dule for weather. - consis- then be ~ver had obvious- race a years ago ompost- RM's ap- .~ boxes Leucaena s placed ~st and roi piles, ad the e compost. e was al- ~post and .~. The thout the to decom- ~ quantity nitrogen ~ia ) we .ty and )duce has Manage- ase less rots that reduced ne :~e last ,)f design- e. Space ill not be .toa benefits, :pe of oper- of compost us to look a systems. t effective ween suc- i ts the cd to be in- ;' Shimonski nd Gardens ,~mi, Florida HANDS-ON RECYCLING CENTER Sedona Recycles was created in 1989 to encourage community recycling ef- forts. Supported by volunteers and fundraisers, we originally established two dropoff sites for the greater Sedona area. Initially collecting and recycling up to 10 tons a month, we continued to expand into new and ongoing programs for six years with minimal financial and maximum volunteer resources. Today, we process upwards of 50 tons of recy- clable materials per month -- all of it collected, sorted aad packaged for tran- sit by hand. Our town still sends over 40 tons of resources to the landfill each day, so for all our efforts, we currently recycle just over one ton per day. Our goal is to recycle 25 percent of all waste. Sedona Recycles solicited and re- ceived a $75,000 Arizona Department of Environment Quality grant to partially fund the construction of a community recycling center. Local businesses con- tributed over $80,000 in cash and in- kind services and many hundreds of hands from the community provided the labor. The center itself was built using salvaged and recycled content materi- als, and demonstrating energy efficient concepts in construction. At present, the winds of community efforts are blowing open the doors. More and more people are believing that "it is only ~vaste if ~ve waste it." Adam Wayne Sedona Recycles Sedona, Arizona COMPOSTING IS NOT DISPOSAL An article on the status of "degrad- able plastics" in the November 1995 is- sue of BioCvcle quoted two people who referred to composting as a "disposal" method. In addition, the American Soci- ety for Testing and Materials' new defi- nition of biodegradable refers to "available disposal conditions," imply- ing that composting is a disposal method. Other articles in the July and September 1995 issues of BioCycle also referred to composting as a "disposal" method. These are not isolated exam- ples -- there are many others in the lit- erature and thev regrettably appear to be increasin.. Words create an image tbr the com- post industry, as noted in my previous commentaries on the impacts of our choices of vocabulary I BioCycle, August 1994 anti April 1993). For several years, 1996 much hard work has gone into defining composting as a form of recycling and to properly place it in the resource and discard (or maybe "waste") management hierarchy. This hard work is eroded when composting is referred to as "disposal" and its feedstock materials are referred to as "waste," "debris," "trash," "garbage," etc. Composting is not disposal; it is a management practice that recovers and recycles organic materials. Thankfully, there have been some positive sig-ns of improvement in the vocabulary used. For example, in an article about Cana- da's wet/dw collection]composting programs iBioCycle, November 1995), one person said: "If you treat [organics] as waste, it becomes waste. If you treat it as part of na- ture, you can produce a good quality compost that can be reintroduced into the natural environment." The words we use help shape how we manage potential compost feedstock materials. The use of neutral or positive words has a greater chance of leading to positive behavior than does the use of negative words. Until the compost in- dustry understands that it is involved in marketing itself and its products, it will fall short on these issues. Richard Kashmanian Senior Economist Office of Policy, Planning and Evaluation U.S. Environmental Protection Agenqv BRITISH COMPOSTING ASSOCIATIOH I wanted to write about activities of the Composting As- sociation in the United Kingdom since its launch last year, as well as bring you up to date on the very significant re- cent changes in British Government policy with regard to sustainable waste management. The Composting Association aims to oversee the devel- opment of all aspects of composting at municipal, commu- nity and home levels in the UK. We also hope to establish strong links with other European and USA organizations to share expertise and knowledge. Since its launch last year. the Association has grown substantially. Today, it has over 275 members drawn from both the public and private sectors, as well as academics, researchers and in- dividuals. The British Government published a draft national strateg3t on sustainable waste management in January, 1995. It included a number of worthy, but not specific tar- gets for composting. The Composting Association subse- quently tbrmulated an official response on behalf of its members, which has now been included in the final edi- tion of the national strategy, published in December 1995. The strategy -- the first ever integrated approach to waste management to be adopted in the UK -- covers household and industrial wastes, and has increased the UK recycling target from 25 percent to 40 percent by the vear 2005. Michael Walker The Henw Doubleday Research Association Conventry, United Kingdom Editor's note: The dune, 1996 International issue of BioCvcle will feature a more detailed report from The Composting Association on the UK's integrated waste management strategy. BI{ ~CYt'I.E DIRECT APPLICATION ()~',;~'.\.;q[ES that supply wood cn:~- ', t:ne biomass power plants ::~ f.;,.~ :/~rnia used to haul ~voody a~:cuitural waste for free. How- ever, prices for ~vood chips have fallen dramatically. Growers now have to pay if they ~vant orchard w~? d ::emoved. As the economics shift, or- ch~rd:ists are finding ways to use wood residuals -- and municipal yard trimmings -- in their orchards. For example, on his 30-acre citrus orchard sou~h of Santa Barbara, owner Bill Bartels has been working with the city of Fillmore since September, 1993 to provide a home for its residential yard trimmings. As part of a shift to mere sustainable farming practices, Barrels began experimenting with orchard mulching three years ago. He receives a small tipping fee from the city to help cover the cost of processing the material into an orchard mulch. ("I'm more comfortable than most farmers would be with the idea of con- tracting with a municipality," he says. "My father was a citv manager.") The city of Fillmore works with its hauler, Harrison Industries, in an intensive educa- tion, inspection and enforcement system to minimize contaminants. "The collection crew has a 'three strikes and you're out' pro- gram," Barrels points out. "They give two warnings to residents who put contaminat- ed trimmings out for curbside collection. If contaminants are found a third time, the "Trees in the mulched area are dramatically healthier," says Bill Barteis (right), who has been applying residential yard trimmings to his orchard for the past two years. 74 BIOCYCLE MULCHING IN CALIFORNIA ORCHARDS Shifting economics for disposal take woody materials out o/fuel markets and onto orchard rozvs. Result: Growers benef, it from improved soil health and lower chemzcal inputs. Karin Grobe Photos by Sieve McClary city stops collecting yard trimmings from that individual." Compactor collection trucks dump the yard trimmings between the orchard rows. After obvious nondegradable contaminants (mostly tennis balls and plastic bags) are re- moved by hand, the trimmings are pushed to a depth of 12 to 14 inches with a track laying skip loader and contaminants uncovered in the pro- cess are removed. Every few months. the material is chopped down to a depth of six to eight inches using a $100,000 attachment called "the chopper," a hammer chipper de- signed to chop avocado and citrus prunings on the orchard floor. ~ ..'.~,, Bartels, who estimates he presently is applying about 350 tons per acre, has been surprised by the speed at which the yard trimmings break ',: .. down. "The mulch seems' to evapo- ,~ ~' rate in the hot, windy summer, espe- cially the spring material, which has a high percentage of grass clippings," he says. "My goal was to cover all 30 aces in five years, but it may take longer than that." Initially, he began concentrating the mulch in gravelly areas or where the soil has tested high in boron. Since 1993, he points out that the orchard's erosion and runoff problems have been brought under control, while adding two or three inches of topsoil per year. Bartels also has been able to decrease use of chemical fertilizer in mulched areas. "I stopped foliar sprays, and haven't fertilized for two years," he says. "The soil looks good and trees in the mulched area are dramati- cally healthier." Weeds haven't been a prob- lem either. "Squash and tomatoes are the most frequent offenders," he says. "I mow the weeds, but I've harvested some pretty crazy looking squash." Unlike most southern Call- DECEMBER 1995 fornia composting and mulching operations. Bartels accepts cactus and stringy green ma- terials. "The tub grinders can't handle the palm fronds, but a certain amount of those materials are no problem in my operation, especially if they're mixed with some high ni- trogenous materials like grass clippings." PRUNINGS AS ALMOND MULCH Further north in Merced and Stanislaus counties, over 50 farmers and orchardists are participating in the Biologically Inte~ grated Orchard Systems (BIOS) demonstra- tion project, which is funded primarily by the U.S. EPA and administered by Commu- nity Alliance with Family Farmers in Davis. Cindy Lashbrook, with Four Seasons Ag Consulting in Denair, has been working with almond and walnut growers in both counties over the past few years and has seen the effect of cost increases for prunings removal. "Chippers used to come in and take the wood for free," she says. "Two years ago, they started charging $5 per ton to remove prunings, and last year the charges had risen to $20 per ton." During 1994 and 1995, Lashbrook ana- lyzed the economics of chipping the prunings and leaving them to decompose in the or- chard instead of removing them. "Last year (1994) it cost the growers about $30 per acre to chip the brush and spread it on the or- chard floor," she says. "Since they already were paying about $20 per acre to get the prunings hauled away, it needed to be worth $10 per acre to the grower to keep it on the orchard." Markets for wood fuel have contin- ued to drop, and Lashbrook estimates that this winter the cost of chipping the prunings on the orchard floor will be very competitive with the cost of hauling them away. About eight of the BIOS-project growers shredded the prunings in 1994, and more growers will follow the practice this year. Al- monds and walnuts are harvested from the orchard floor after the trees are shaken, so the wood pieces need to be small in order not to interfere with the harvest process. Most growers plant cover crops in fall (or !et the resident vegetation grow), prune in winter, and use heavy duty flail mowers to mow the cover crop/vegetation and chip the prunings all at once in the spring. "Cover crops and sprinkler irrigation provide a high-moisture environment for speedy breakdown. It's slower if herbicides are used, and on or- chards that use drip irrigation or dry farm," Lashbrook explains. Composting is another option being con- sidered by orchard growers. Almond shells used to be burned bv the cogeneration plants, but no longer a[-e in demand as fuel. "There is interest in composting the shells," says Lashbrook. "Some hulling operations may use the shells as a carbon source and mix them with biosolids or manures. Either way, organic matter really is needed in these orchards." · Karin Grobe is an organics recycling specialist based in Santa Cruz, California. BIOCYCLE ANNUA [) E( 'l.:.~l m..n 7,3 MULCH CONSERVES SOIL MOISTURE IH CALIFORNIA ORCHARDS APPLICATION of a surface mulch may be saving water for or- chardists in the San Jose, Califor- nia area. Will Gehr, a soil scientist, and Matt Werner, a soil ecologist/earth- worm specialist, are working with farm- ers to evaluate the economic and agro- nomic impacts of mulch use. The field trials are sponsored by Agriculture in When sampling earthworms in the orchard, Matt Werner saturates the soil inside the ring with a water and mustard powder solution. Earthworms that surface are then counted, weighed and identified. Partnership with San Jose, an urban green demonstration project funded by the California Integrated Waste Man- agement Board. Trials compare orchard blocks mulched with four to six inches of screened yard trimmings to blocks that are managed with conventional clean cultivation. "Soil under mulch may have a higher percentage of soil moisture at the start of the dry summer months," says Werner. "In one trial, dght before the first irrigation in May, soil under the mulch was at 18 percent moisture, while soil under the conventional clean orchard floor was at nine percent. It's a little early to make conclusions, but it looks like a mulched orchard could re- ceive its first irrigation later in the sea- son; and the following irrigations could be spaced further apart." Nightcrawlers (Lumbricus terrestris I.) introduced by the researchers are thriving in the moist conditions. "Earthworms were abundant under the mulch," says Werner. "There were many juveniles, indicating high rates of reproduction. Sampling didn't turn up any worms in the no mulch blocks." Nightcrawlers -- a muscular species that create deep, vertical burrows -- are relatively rare in California, but they can be introduced successfully into or- chards, vineyards, and other no-till crop systems. Another mulching trial is underway in a block of young, nonproducing walnut trees. It is hoped the mulch will con- serve soil moisture by shading the soil until the trees create their own canopy. It will decompose by the time the or- chard reaches a bearing age to allow for smooth orchard floor mechanical harvesting. Soil moisture levels are monitored with gypsum blocks placed at depths from one to four feet and compared with those in a control block under conventional clean cultivation. Phil Cosentino of San Jose applied mulch to his stone fruit orchard three years ago. "I've found I can start irriga- tion later in the summer, and when I do irrigate I apply less water," he says. "The trees look lush, and they're not stressed for water." The mulch also provides a dry surface during the wet weather. "The trimmings form a nice mat on the orchard floor," Cosentino adds, "so I can prune right after the rains when other orchards are too mud- dy." He used processed yard trim- mings collected curbside as well as chipped prunings delivered by local tree trimmers. "The prunings are wood- ier and I expect they'll last longer," he says. "The curbside material has a lot of grass and leaves, which tend to break down quicker." Southern California growers also are experimenting with mulch for orchards. Tom Wilson of Fillmore plans to spread yard trimmings mulch under his citrus and avocado trees. "1'11 put the materi- al right under the trees, where it's too dark to grow a cover crop," says Wil- son. "1 expect to see some soil im- provement as the mulch breaks down. There also may be less evaporation un- derneath it." -- Karin Grotoe "I couldn't be organic and do the job I'm doing without compost. It is a big part of keeping everything afloat and is our whole soil fertilization I! program. weeks to keep temperatures between 125° and 145°F. After that period, they are mon- itored on a daily basis and turned if temper- atures get too high or carbon dioxide levels rise above eight percent. Moisture levels are kept at 50 percent. The results of using compost on the or- chard's trees have been positive. "The fruit is larger, sweeter, firmer and crisper," says Stewart. "There also is better growth and in- creased tree vigor and worm activity in the soil." The amount of organic matter in the orchard's soil has increased from 1.5 percent to 3.0 percent since he began reg-ular appli- cations of compost. Stewart reports fewer problems with mites and other pests since he began using compost, but can't attribute it solely to the compost because he uses other organic tech- niques for pest control (i.e., botanical sprays, pheromones and beneficial preda- tors). The orchard also has a $5,000 com- puterized weather station that tracks de- gree days to predict when certain pests will emerge and lay their eggs. Although he uti- lizes a variety of organic techniques. Stew- art emphasizes: "I couldn't be organic and do the job I'm doing without compost. It is a big part of keeping evecything afloat and is our whole soil fertilization program." Stewart expects to produce 2,000 tons compost in 1996. Land use regulations pr(t- hibit him from marketing large amounts the compost, but he sells approximately t5 pickup truck loads each year at $35 per ton. Though he needs a larger composting site, Stewart doesn't want to expand the current site at.the orchard because it is close to a res- idential area. "Grinding materials and turn- lng the windrows on a daily basis are nui- sances, and there's no gravel base at the site so it produces dust when conditions are dry.' he explains. He hasn't gotten any com- plaints yet from neighbors. "Most come over and want to buy compost to put in their gar- dens." Stewart is looking at a larger 40-acre site with a 10-acre buffer that is closer to sources of his feedstocks where he hopes be able to move the composting operation the next two years. · OCTOBER 19! ',; P.O. Box 321 Calpella, CA 95418 September 22, 1996 Bob Tancreto Senior Operations Engineer California Regional Water Quality Control Board North Coast Region 5550 Skylane Blvd., Suite A Santa Rosa, CA 95403 Dear Mr. Tancreto: This is a complaint of non-compliance with requirements and restrictions placed by the Water Quality Control Board on the Mileck Regional Solid Waste Facility, aka "M & M Compost," aka "Cold Creek Compost," located on a precipice above the Russian River in Potter Valley, Mendocino County, California. On June 13, 1995, your agency wrote a letter to the Masonite Corporation effectively eliminating all requirements for a leachate disposal system for the Mileck waste facility (copy attached). In return for eliminating leachate disposal requirements, your agency restricted Mr. Mileck to requirement of keeping all operations under a roof during the "wet season." defined by your agency as October 15th through April 15th. However, Mileck's legacy to the thousands of citizens of Potter Valley -- a huge, hideous, industrial, metal-reflective roof on a formerly treed mountaintop in a formerly natural landscaPe -- covers only 4850 tons of material. This raises a serious question of where the remaining amount of his proposed annual volume of 50,000 tons will be stored during the wet season. Mileck has answered this question by illegally land-spreading waste materials over hundreds of aCres of adjacent land on the Guntly Ranch, in effect creating an open-air dump and cess-pile far exceeding the permitted boundaries of his Use Permit(s), and draining directly into the Russian River. As you may be aware, this portion of the Russian River is the major source of potable water for Sonoma, Mendocino and Marin Counties. As remedial action to this Complaint I request that your agency issue a letter and Order as follows: 1. Mileck must not land-spread Masonite ash waste, pomace, greenwaste, or any other material on the Guntly site, surrounding land, or on any other site. 2. Mileck must keep all operations under cover of'roofing and on an impermeable pad during the wet season, which is defined as October 15th through April 15th of each year. Water Quality Complaint -2- September 22, 1996 3. To facilitate monitorinG and satisfy the public's RiGht to Know under provisions of the Clean Water Act, CEQA, and Proposition 65, Mileck must complete and submit monthly to Water Quality accurate "Daily Volume Reports" showinG volumes, types and sources of each and every material imported to the "Cold Creek" site, and the same for outgoinG materials. 4. The approval of Mileck's Waste Facility by Water Quality was and remains contingent upon the original proposed use as a "compostinG" facility. Water Quality approves no other use. 5. Mileck is'not authorized to carry out any operation beyond the perimeters of his 12-acre use permit, includinG land- spreadinG. I request your response to this complaint in writinG. I additionally request that your agency rigorously monitor Mileck's operation because of his documented record of illegal and non- permitted activities and because, unlike any other "compost" waste facility in California, Mileck's waste facility is uniquely sited on a precipice draininG into the water supply of over a half million people. I additionally request that you respond to this complaint in writinG and that you send me copies of any further documents related to this complaint. AccompanyinG this complaint are documents requested by Scott GerGus relative to this complaint. Thank you. Sincerely, M.Goodwin cc: Benjamin Kor; Scott GerGus; Susan Brandt-Hawley, Attorney at Law; Pano Stephens, Attorney at Law; Mendocino Environmental Center; California InteGrated Waste ManaGement Board; Carlette Southern-Robert; ESA; Patty Clary, CATS; Trout Unlimited; Friends of the Russian River; Russian River Watershed Protection Committee; et al. NORTH COAST flEGIC)~I . :. 555o ~K'~L.ANE ~LVD. SUIIE A SANTA ROSA.~CA ~5,403 PHOf{E: (707~ 576-2220 June 13, 1995 JUN i 5 1995 Mr. Robert A. Scaglione Masonite Corporation 300 Ford Road Ukiah, CA 95482 Dear Mr. Scaglione- Subject: Boiler A~h, M & M Feeds of Covelo This letter pertains to your letter dated May 30, 1995. In your letter, we were made aware of M & M Feeds' desire to use your boiler ash as a compost amendment. Our agency has been working with M & M Feeds for sometime now on several issues regarding the compost site, water quality concerns, and permitting. · Issues concerning composting's~te location and groundwater concerns have been resolved. Our agency had water quality concerns regarding the generation and control of leachate during the wet weather season'. M & M Feeds has addressed these concerns by proposing to move all composting operations under a roofed area during the wet weather season to avoid the qeneration of leachate. M & M Feeds (Cold Creek Compost) has filed a Notice of'Intent to comply with the terms of an Amended General Industrial Activities Storm Water Permit. M & M Feeds has satisfied our water quality concerns~ Mr. Snetsinger provided me with laboratory analysis of your boiler ash for my review.. Accompanying the laboratory data was a letter dated January 6, 1986 from Dr. David j. Leu with the California Department bf Health Services. Aside'from have a high pH, I did not observe any d~ta that would raise ,concerns. Additionally, it was Dr. Leu's opinion the boiler ash was ',~nonhazardous. Proper handling and storage of this material should avoid any potential problems. We suggest Masonite research the.potential for liability associated with the transportation and use of its boiler ash by another company, if problems . should develop. ~hould you'h~ve any questions, pl.ease contact me at (707) 576-2685· Sincerely, . · Scott A: Gergus '.Engineering Geologist : ~ SAG-lmf/mileck35 cc' Sonoma Compost, Mr.. Will Bakx, 550 Meacham Road, Petaluma, CA- 94952 -..' Mr. Ken Wells, Sonoma County Department of Public Works, 575 ~...' Administration Drive, Room l17A, S~nta Rosa, CA 95403 , ' ','~' ~i:'.. ~ - .- ......... .... .' '~5, ~:'~+--~ - ~ '!~Z ~.-', .. ~ :; , :, -' --7...---::. _ __~ ~--.-.~"~ ~; :~; .:..~ -~~.-~ .... ..~ .... -: ;""'N'~""''' ;:'"~'T ':" "' :'4 ' '' ..-_-.: ' .-_'~ :- '.. .-: ' .~.,- . L- .~.,~.- --i:.-r~.~- ..~-'-· .- -~ · - ..... L -. · .-. . · -~-'-~.':-. .... k:.~ '--",~;.~::- -:.F~,' ' '-., - ' .:' -' '~ -:~':; "':~ :"'-? ,'; .' ~"-',~*':';:~:J~]:.!~'~':::.' ': '!' ." .': ;~ ':':' ,:L~-;5: ~ ".~: : : -~::::?':.-_::~::::~:..:--±~_,T_;"-'-,~-., .?,.- .. , .,', ..'-~ '~,.-:~.r .,'~,,';- , ,:L,..- · -'~-~-~: -' -~ ...... :: '-'- '...~ . - -~ -'-..-.'~,F-)~;.~, ~-~' :~-~?'-~;i~;'-~--"u-:· :~.-:. -, ':.-Li __ :-_::'~-:L':~:: :~:!F~'i~ . >v..'~-..:,-..~.-~.-_L;-~---:':.:,:_-~..~,' P.O. Box 321 Calpella, CA 95418 September 22, 1996 Scott Gergus, Engineering Geologist California Regional Water Quality Control Board North Coast Region 5550 Skylane Blvd., Suite A Santa Rosa, CA 95403 Dear Mr. Gergus: Per our telephone conversation enclosed are the following documents: #1: Volumes of ash waste from Masonite Corporation deposited at the Ukiah Landfill from 1994 - 1995 (Prior years available on request). The source of these documents was the City of Ukiah. The source for the conversion table on the ash waste from cubic yards to tonnage was Sue Goodrick, City of Ukiah Public Works Department. The ash waste totalled from 20 to 30 tons per day and constituted the largest proportion -- well more than half by weight -- of all "special material" buried in the Ukiah Landfill. #2: Documents showing volume and type of waste materials burned in Masonite's co-generation boilers to 1992, which are the source of the ash waste now disposed of at the Mileck Facility. The source of these documents was a volume entitled HISTORICAL EMISSIONS EVALUATION FOR MASONITE CORPORATION'S UKIAH MILL and a volume entitled ASSEMBLY BILL 2588 AIR TOXIC EMISSION INVENTORY REPORT FOR 1989, 1991, AND 1992 FOR MASONITE CORPORATION, UKIAH, CALIFORNIA, MILL, complete copies of which are on file at the Mendocino County Air Quality District Office and the Environmental Protection Agency. The County Air Quality Office refused our request for an update on fuel materials burned by Masonite. However, as can be clearly seen the largest proportion of emissions as well as ash waste derives from burning petroleum products, i.e., Fuel Oil #6 (a sludge by-product of the refining process) and natural gas, rather than "wood" waste. Masonite additionally fires its co-generation boilers with 10 to 15% waste from their own formaldehyde-chip waferwood product lines. Thus the ash is not innocuous "wood ash," but a chemical stew deriving from' many toxic sources. Masonite's boiler and scrubber ash waste has never been randomly sampled and/or tested by any independent agency, including yours. #3. Documents showing that during the winter rainy season, 1995- 1996, thousands of tons of accumulated Masonite ash waste, as well as many other materials, were hauled to the Mileck site which at that time had received a court ruling suspending its Use Permit. John Morley of County "Public Health" quickly acted to unilaterally designate the ash as an accepted "soil amendment." Mileck then land-spread the ash outside the perimeters of his Use Permit, on other parts of the Guntly land, all of which sits on a Water Quality-Gergus -2- September 22, 1996 precipice draining directly into the Russian River. Neither Mileck's Use Permit nor any other document permits land-spreading of Masonite ash or any other material. #4: Minutes of the Integrated Waste Management Board during which Mileck's full-time lobbyist, Eric Anderson, stated he had approval of your agency in all matters, and which also show his intent to land-spread the ash and other materials on a continuing basis, rather than incorporate these materials into "compost." This document also shows Mileck's doubling of daily volume from his original stipulation of 200 tons per day to 400 tons per day. Mr. Mileck has additionally eliminated all stipulations for percentages of "feedstocks" and "amendments" in the composition of his "compost" product. His original Use Permit stipulated that no material would exceed 10% of the finished volume of the "compost." His current planning documents eliminate this provision. A compilation of the vast number of violations of Mileck's original planning documents, Use Permit, Revisions of same, and revisions of revisions of revisions of same, will be compiled in the near future. Your Agency will receive a copy on completion. Thank you for your attention to all the enclosed. Sincerely, M. Goodwin cc: Susan Brandt-Hawley, Attorney-at-Law; Pano Stephens, Attorney-at-Law; Mendocino Environmental Center; California Integrated Waste Management Board; Carlette Southern-Robert;ESA; Patty Clary, CATS; Trout Unlimited; Friends of the Russian River; Russian River Watershed Protection Committee; et al. 13 5~ c O,l~l c. oq. OO 0 T'-'o FzGGj--- /o~ q "7 ~. 27 .,-/.'-/ftc.-? /./'c 9 Y. 7L ,'-/"t //- $ o -r~M-s o,~ y -- SPECIAl_, WASTE VOLUM ,F_,S - CUBIC YARD JANUARY 1995 THI:(U DECEMBER 1995 I)! V E IVI'i,:I) FI LLED MONTil YARD WOOl) SCRAP TIRES C(}NCR~I'E SC)il. ~x BOIl.ER .~RUBBER FURa\'ITURE DF.3 IO WA.~i'F~ WAS'I'F~ M 1.71'A !. ~ ~~ASI i I ~ ~ ~ CON~.; JAN 552.30 28.89 47.40 5.52 4.80 36 FEB 1029.70 31.00 39.90 i !. 80 3.40 192 MARCII 751.20 25.40 28.75 5.86 .50 ...... 68.40 235.1 APR~ 1084.~ 84.65 68.05 27.79 1 !.24 197 --- 25.17~ 202.39~ MAY*: _. 1416.34 176.31 259.36 69.4~_ 22.31 389 --- 62.88~ 181.44~ JUNE 1275.79 62.68 61.72 10.88 3.96 110.7 437 JULY 1204.17 55.83 65. I I 6.4 81.8 333.5 476 AUG 1343.30 104.6 126.49 3.36 14.59 3.10 226 SE~ 1170.09 42.10 39.10 5.24 11.82 281 OCT 10~.66 22.15 80.34 5.77 3.72 248 NOV 1450.45 31.92 69.81 23.65 13.32 140 DEC 1183.36 49.68 33.41 2.01 15.68 73 TOTAL 13,470.36 715.21 919.44 177.70 187.14 447.3 2,695 156.45 618.93 NOTE: I NOTE: 2 NOTE: 3 · ONE TIME SURVEY - IDENTIFYING FURNITURE AND DEMO/CONSTRUCTION MATERIALS IN SELF- HAUL/LOOSE LOADS MARCH 28, 1995. SURVEY PERIOD APRIL 25 - 19, 1995 SURVEY PERIOD MAY 2 - 6, 1995 * MAY I - 6, 1995 COMMUNITY PRIDE WEEK R:I ~IoANDFILL w/L~'r E BLES JAN FEB MAR APR* MAY WOOD WASTE (LUMBER) 1294.82 68.34 873.96 119.36 1048.90 101.30 1155.00 238.90 988.89 ·86.36 SPECIAL WASTE VOLUMES - CUBIC YARD JANUARY, 1994 THRU DECEMBER, 199¢ (~) SCRAP \, BOILER METAL TIRES CONCRETE 45.70 12.68 5.20 47.52 15.20 6.80 67 60.92 23.76 7.47 379 209.70 93.94 21.18 532 83.29 25.72 7.09 399.5 SCRUBBER ASH axsc(2) JUNE 1308.36 180.25 55.74 15.68 3.10 508.0 --- JULY 1091.72 153.35 80.81 11.80 500 296 AUG 1072.29 135.66 72.05 9.04 3.40 SEPT 1056.14 143.00 41.59 7.32 .80 I OCT 1087.00 98.70 49.37 11.18 1.20 263.5 241 56 NOV 1107.94 66.54 43.39 7.06 1.20 104 DEC 901.8 35.10 58.68 8.89 86.3 161 TOTAL 12,986.82 1,426.86 848..76 242.27 643.74 3,007 Includes "Community Pride Week." (95 C.Y. yardwaste, metal, 14 C.Y. concrete, and 64 C.Y. tires). · 105 C.Y. woodwaste, 140 C.Y. .. . "..' - . ~,~:.~.. '. .. · . .[[ ;.2....-. .. . - . · . o. HISTORICAL EMISSIONS EVALUATION FOR MASONITE CORPORATION'S UKIAH MILL February 3, 1992 OCT 7' 1993 Acurex Project 9565 Prepared For Masonite Corporation 300 Ford Road Ukiah, California 95482 By Acurex Corporation Environmental Systems Division 555 Clyde Avenue P.O. Box 7044 Mountain View, California 94039 ACUREX Corporation THI~ RESPONSE TO THE DECEMBER 17, 1991 LETTER FROM THE UNITED S~TATF.,S ENVIRONMENTAL PROTECTION AGENCY TO MASONITE CORPORATION Acurex Environmental Corporation (Acurex) was retained to assemble, review, and develop emissions data as requested by the U.S. Environmental Protection Agency ('EPA") in its December 17, 1991 letter to Masonite Corporation, ('Masonite"). The request for information pertains to Masonite's hardboard facility in Ukiah, California (the 'Facility'). The information in t~is document is presented in response to Request Nos. 4, 5, 6, 7, 8, 26, 27, and 29 as set forth in EPA's December 17, 1991 letter. In addition, partial responses to Request Nos. 11, 12, and 13 are provided herein to the extent such responses support each of the EPA's substantive requests for information that are addressed in this report. In preparing this report, Acurex has reviewed files of the Facility and files of the Mendocino County Air Pollution Contro~ District ("MCAPCD'). Acurex also has interviewed certain current Masonite employees at the Facility, including Mr. Lauren Beuving, Engineering Manager; Mr. Jim Pollitz, Controller; Mr. Robert Scaglione, Environmental Engineer; and Mr. David Tucker. Environmental Engineer to obtain information with which to prepare this report. Acufex has received direction from the law firm of McCutchen, Doyle, Brown & Enersen regarding the appropriate presentation of the responses. The Facility consists of various point sources that are grouped for emission evaluation purposes lato the following categories: · BOILERS--Operation of three boilers and associated fuel storage and transfer equipment ;.~ · FIBER PREP--Wood processing, digestion and resin addition · PRESDWOOD--Siding and roofing products line, including forming and presses *** ill · Door products line, including forming, drying, treating, and tempering: -- DUOLUX--In operation prior to November 1990 -- Molded Products Line (MPL)--Initial shakedown commencing November 1989; initial operation commencing in February 1990 · COATING--Coating, buffing, and painting operations · CUTTING--Sawing equipment and dust collection systems The air contaminants of interest are those identified in MCAPCD Rule 130 that are present in emissions from the Facility. These contaminants are carbon monoxide (CO), oxides of nitrogen (NOx), sulfur dioxide (SO~_), particulate matter (PM), particulate matter less than 10 micrometers aerodynamic diameter (PMI0), and volatile organic compounds (VOCs). Data or emission factors were generally unavailable for the evaluation of PMI0 emissions. Engineering judgment suggests that the PM emissions from the Facility will include PM10 emissions. The responses to Request Nos. 4 through 8 generally are organized as follows: 1. MCAPCD Calculations 2. Acurex Evaluations 3. Comparison between MCAPCD and Acurex results iv Q 0 ~ I., i I I , I ! , i , i ! i i i i i i i i i i L ..) 0 0 l/ .I 0 ASSEMBLY BILL 2588 AIR TOXIC EMISSION INVENTORY REPO-RT FOR 1989, 1991, AND 1992 FOR MASONITE CORPORATION, UKIAH, CALIFORNIA, MILL Volume ! September 22, 1992 SEP ~ ? Acurex Environmental Project 6655 Prepared For Masonite Corporation 300 Ford Road Ukiah, California 95482 By Acurex Environmental Corporation 555 Clyde Avenue P.O. Box 7044 Mountain View, California 94039 fROI)UC~XO# J~ID/OR FU~,L U3~GK For 19~ Calendar Year Company Name Masonite Corooration ::- ~-. · )OILEE ~team production (pounds) No. Days Operated I I ] No. 1 ! No. 2 1' I I ! 95,917,000 I 230,552,000 I I I I I 72 I 148 I I I i I I I I 1 NO, ~ No. 4 1,370,265,000 I 350 t Fuels Used Natural Gas (Ncr) I I Oil (Gallons) type # 16 % Sulphur <1% 754.175 I I I 1,812,791 I ! I '~ood I I (Bone-dry Tons) I 0 I .:. PRODUCTION: Species Doors 45,000,000 S i d ing 354,000,000 I 0 MBF MBF MBF 48,012 1,232,607 26,923 Dust 51,685 Bark 142 Operating Daya 343 Operating Days Operating Daya .Operating Days oAPCD 207.7.02 d MENDOCINO COUNTY AIR POLLUTION CONTROL DISTRICT STEAH PRODUCTION AND/OR FUE~ USEAGE IBOIL£R Steam Production (pounds) No. Days Operated For ,~91 . Calendar Year 1st Quar~:er ~ ~ Company Name HASONITE CORPORATION I I I ~ NO, I ' NO 2 ' 16,238,D56 I 9,663,072 . . NO. 3 1 ' NO 4 ' 347,577,600, : I,,. Fuels Used I I Natural Gas I (HCF) ! ! I 1 I I I I Oil (Gallons) type # 6 % Sulphur Wood 1% (Bone-dry Tons) PRODUCTION: Species PWD 24,737,000 I I I I I I ,-- ._ ---' , ; : : I I I 60,9.7~ I l 40 ,.6~ I I , Bark ' ft2 Doors 6,643,000 ft2 ~ MBF 81 29 Operating Days Operating Days Operating Days HBF Operating Days MCAPCD 207.7.02 H~NDOClNO COUNTY AZR pOLlUTION CONTROL DZSTRICT STEAM PRODUCTION AND/OR FUEL USEAGE For _J.g.ql--C&landar Year Second Quarter company Name MASONIIE CORPORAl.ION ~ · I B ER I I Steam P oduct o I I (pounds) | 24 730,680 I 2,628,160 ' I No. Da s O crated ----I 325,928 400 ' I I ~ I ~ I 3,600 ' I ............. ! 9. 340 I I I 1,167,514 0 I ............. I I I I T'~uels Used __1 I I Natural Gas . | 38,888 I (MCF) I I ~ I I I Oil (Gallons) I 0 I I type # 6 & Recycled I I I ~ Sulphur 0.4~ I J ; I I Wood I I (Bone-dry Tons) I 0 I PRODUCTION: Species PWD 20,306,000 ft2 ~:; Molded Press/ · Tempe~tn0 16:615:000 ft2 _)ll~ _ f2 Coe Dryer 16 724 800 t ~ _ I Bark I 6,812 I I ........ OG~f.' I 4,550 ... MBF -- --Operating Dayf ~Operating Day: Operating Day --Operating Day MCAPCD 207.7.02 HENDOCINO COUNTY AIR POI~LUTION CONTROl- DISTRICT STEAIt PRODUCTION AND/OR FUEL USEAGE For ~ Calendar Year Thi rd Quarter m Company Name ~asonite Corporation.______.-- --------- I steam Producti°n t I (pounds) | 18,074,256 No. Da s O prated I Natural Gas (HCF) ___L_ 0il (Gallons) type # 6 & Recycled ~ Sulph~ur ~ l_---- Wood I IBone-dry Tons) I .:. PRODUCTION: Species MOLDED ; .i',~ PRESS/KILN z .- ' C0£ DRYER , No I I : 4,334,936 I I I I I I ! ........... ! 309,207,500 l ii 49,125 I I I I I I I I I _ , -- I 441,682 0 I O , ......... , ~ m I , / __ L - I ! I ! BARK t 2,707 0 22.04g.000 -- - ~0_753.000 21.392.000 HBF ~operet:Lng Day _Operating Da~ HCAPCD 207.7.02 ?, 2/2 I~L'DOC ~NO COUIITT AYe. I'OI~I, UTZON CO~iTILOI, DZSTLTCT For ~ CaLendar Year Conp~u! Na~n ,l~s_onlt. n conx~-_ orlon _ No, 2 4.528.312 _ · · · I,, ~10. 3 I .No, 4 ..... _ _ I ! I 1314,375,80Q -- I I fRODUCT20H: Wood (Bone-d~:~, Tons ) I .,. P~d Linl · · 3S,202 ! I I I 8,491,000 · I ~01ded 6.261,000 I I I I I I I ! I I I ,, ] I I I I I I I I 27.469 I I I I I I I 1,~3,769 I I .l I S,80Q est I I _ - · __ 25.5 16.4 ., Operating Operat:ing Day , Operating Da~ Operating Day NOTE: #4 Na'cural Gas in 3rd Quarter -- 30.958 HCAPCD 207 · 7 · 02 4 3Z, F. 2/2 ~~o COUIIT~ ITL~ P]~0DUCTZON AND/OX ~ USZAGE For ~ Calet~da~ Yetr 4th Quarter COapLnT I¢L~e -~son_ lt.e C0nx~tfoq _ ! I I ' t 4,2,20~,/,7~ ' I 4,6~8,31;Z I 35,202 · I I 0[.1. (O&llonsl I I type It I I I I Vood I I (Bone-dr7 Tons) I I ~RODUCTZON~ · I II ~ 8,¢91,000 I Holcled 6,261,000 NOTE: #4 Nal:ural Gas in 31'd Quarter. 30,958 ILl/' }'LBF :)5.5 16.4 I 5,8043, _OPeracLng"l _Operating l , OpernC~ng l _Operating I HCAPCD 207.7.02 .nt.!u-.cU-a.' 14[..u 10. 1', l'Lft, bU[~l IF_ Ut, inn I'MA bU. IUl~l~,jq{J ~. Ur' ', , 2;/..,3 'Z_ / 6~'5 - .,. Lc/,,,, 10::22 0 ~ i ~-,¢ ~-~~"' ~, .,, ,, i., ... ............~~~ ~~~~i~--. '~ ~~ ~~!~ ................ ~ : ~ ~~~~~ ................. ~~ ~ ~ ~~~~~--~'~ ~ ~~~~~,i ..... ..... ~ ............ ~'_ ~ ~ z ~.-~ ¢~ ~ .?~ i~'__ : ~ <%..: -- ~ -:~ -: -~ ~ ~ ~{ ~: .- : ,.. -. : ..... ~ ..... . =.= .= , .... , ~ .... ¢ , : , , ........ : ........ , .................................. i ............. :" ................. ~ ....... ~ ........ ........ ; ........ i .......................... : ........ & .................................. i ................. .~ . ,_.. } , ~ .- o MEETING STATE OF CALIFORNIA CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD MARKET DEVELOPMENT COMMITTEE --o0o-- BOARD ROOM 8800 CAL CENTER DRIVE SACRAMENTO, CALIFORNIA --o0o-- FRIDAY, JANUARY 19, 1996 9:30 A.M. --o0o-- Vicki L. Medeiros, C.S.R. License No. 7871 PETERS SHORTHAND REPORTING CORPORATION 3336 B~DS~W ROAD, SUITE 240, SAC~MENTO, CA 958~ / (916) 362-~5 Proceedings Call to order and roll call Agenda Item 1 Agenda Item 2 Agenda Item 3 Agenda Item 4 Agenda Item 5 Agenda Item 6 Adjournment Certificate of Reporter INDEX --o0o-- --o0o-- iii page 1 11 13 53 63 98 99 PETERS SHORTHAND' REPORTING CORPORATION 3336 BRADSHAW ROAD, SUITE 240, SACRAMENTO, CA 95827 / (916) 362-2345 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 21 Committee recommend to the Board approval of items A, C, D and E. COMMITTEE CHAIRMAN RELIS: Okay. COMMITTEE MEMBER PENNINGTON: With the understanding that the covenant should say 40 percent with their approval, with the applicant's approval. COMMITTEE MEMBER CHESBRO: I second. MS. CARR-MORRISON: Point of clarification. If there isn't approval of the 40 percent, it will be 30 percent. COMMITTEE CHAIRMAN RELIS: Correct. Okay. We will substitute the prior roll call. Consent. Okay. Good. Now, let's hear about the Cold Creek loan. MR. CAPUTI: Cold Creek is located in the Sonoma-Mendocino County. The amount of the loan is $565,000. It'~efinahces owner's debt, provides funds for the purchase of machinery and equipment and working capital. The Cold Creek project was originally submitted to the Loan Program as greenwaste composting operation in 1994. Because of permitting problems, the project was revised and resubmitted. The revised project submitted to the January 10, 1996 Loan Committee had four main operating components. PETERS SHORTHAND REPORTING CORPORATION 3336 B~DS~W ROAD. SUTTE 240. SAC~MENTO, CA 958~ / (916) 362-2345 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 22 The first component is new greenwaste grinding operation, which is the subject of the Board's loan request. The application requests the purchase of mobile grinding equipment which will be taken to landfill, MRF and other sites to grind greenwaste into mulch. The mulch will be sold by Cold Creek as a soil amendment. Any mulch not sold as a soil amendment will be taken to the applicant's M and M Ranch, or the Guntly Ranch, and spread at agronomic rates on designated acreage. The greenwaste ground by this project will be diverted from landfills. The second revenue source is derived from the tip fees for the disposal of fly ash under a contract with Masonite Corporation. The fly ash will be sold by Cold Creek as a soil amendment either separately or as a component of manure, compost or greenwaste mulch. Any fly ash not sold will be applied a~'%gronomic rates at the applicant's M and M Ranch. The fly ash would be landfilled if not for this project. The third revenue source is the sale of lime and gypsum as soil additives, and the final and major revenue source representing approximately 50 percent of the company's projected revenue is a manure composting operation located on a 12-acre leased site on the Guntly Ranch. The manure composting operation will consist of PETERS SHORTHAND REPORTING CORPORATION 3336 B~DS~W ROAD, SUITE 240, ~CRAIvlENTO, CA 958~ I (916) 362-2345 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 various animal manure, grape pumice, and a variety of soil amendments, including the masonite fly ash. Board counsel has advised staff that the composting of manure and grape pumice can be accomplished under a Notification Permit. It is unclear from the documentation submitted by Cold Creek if the manure composting operation will be limited to these feedstocks. The LEA has informed Loan staff that Cold Creek has applied for a Registration Permit for the manure composting operation. At this time, I would like to ask Chairman Relis to request that a representative from Cold Creek state for the record exactly what feedstocks will be involved in the manure composting operation and under what type of permit, Registration or Notification, Cold Creek intends to operate the manure composting site. COMMITTEE CHAIRMAN RELIS: second here. 23 Let's just'b~kk-traCk a We have a number of issues that have come up regarding this loan request. One of them concerns the description of the project and that becomes important for our understanding what our permitting framework is here. So, that is why the request is being made, as I understand it. That's part of the reason we want to know what materials will be processed in the compost or grinding PETERS SHORTHAND REPORTING CORPORATION 3336 B~DS~W ROAD, SUITE 240, ~CRAMENTO, CA 95~ I (916) 362-2~5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 operation. 24 So, perhaps, Eric Anderson, if you could explain to this Committee what specifically the project is. MR. ANDERSON: Sure. I would note that, of course, as you probably are aware, a very specified, specific and detailed project description and business plan was provided to Loan staff. So, I believe that they are very clear as to what this project is. First of all -- COMMITTEE CHAIRMAN RELIS: Actually they are not. MR. ANDERSON: We are in some wonderment regarding that. MS. CARR-MORRISON: Could you just identify for the record your position with Cold Creek? MR. ANDERSON: I'm General Manager of Cold Creek Compost Incorporated, located in Covelo, Califorhi~. My' office is in Santa Rosa, California. The project as presented is a project, and I want to make it clear that we are proceeding with the environmental documentation, and then we will, of course, reapply for our full permit, probably sometime later this year. So, we consider this an interim project, and that is how it was described to staff and to the Loan Committee. PETERS SHORTHAND REPORTING CORPORATION 3336 B~DS~W ROAD, SUITE 240, SACRAMENTO, CA 958~ I (916) 362-2~5 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 25 The project during this interim period will consist of a manure-only composting operation at the Cold Creek facility, in Potter Valley, near Ukiah, California. The feedstocks we will use will be a variety of agricultural manures, dairy, turkey, chicken. We will compost those manures on-site. Those manures will be custom blended, depending on customer specifications, with various agricultural minerals for spreading on farm land. In addition, we are adding to the compost, the wood ash, and I want to make that very clear, we have been explaining this for almost a year now, this is wood ash from the Masonite facility. They buy clean wood chips to fire their production facility there. COMMITTEE CHAIRMAN RELIS: .That's been referenced to the fly ash. MR. ANDERSON: Yes. I'm not sure what fly ash is. We are accepting wood ash, which has been examined by the Water Quality Con{rol Board, local Public Health Department, the State Department of Public Health and received all regulatory approvals. It's a wonderful, wonderful agricultural soil amendment of high nutrient values and trace minerals and so on. So, we are very pleased to have this product available PETERS SHORTHAND REPORTING CORPORATION 3336 B~DS~W ROAD, SUTTE 240, ~CRAMENTO, CA 95~ I (916) 362-95 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 for our agricultural customers. In addition to the composting operation, we are purchasing a grinder and, as described by staff, that grinder will be used at a variety of locations to grind greenwaste, which we will then, as described, sell to various markets, whether those be agricultural or to CalTrans for erosion control, landscaping, so on and so forth and will also be used one again as a soil amendment for agricultural enterprises. I would also note that it has always been our intent to grind off-site. We have estimated -- we have always projected that something in the neighborhood of 90 percent of our grinding will take place off-site. So, it really isn't a major change in that regard in terms of the project as it has been approved previously by the Loan Committee. In terms of the permitting, I spent abo~t 45 " minutes on the phone on Tuesday morning with Kathryn Tobias and Elliot and Deb, your legal counsel. We went very carefully over the Board's position regarding permitting. We have discussed it extensively with our LEA, particularly since this is an interim measure. We felt it just didn't make sense, and there was no need to go through the registration process. We spoke with our LEA again yesterday. We are PETERS SHORTHAND REPORTING CORPORATION 3336 B~DS~W ROAD, SUITE 240, SAC~MENTO. ~ 95~ I (916) 362-2~$ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 notifying him pursuant to Title 14 that we will be conducting an animal material composting operation on the Guntly Ranch, and so we are ready to go. I hope you do all understand that we are currently under full operation. We currently have a full and valid permit both from the County of Mendocino, a CUP, and a full permit from this Board. So, our status as of today is we are 'a fully permitted operation. We are composting. We are selling compost. As we sit here, we are turning compost in Potter Valley, and we will continue until the final order has been issued by the court. For your information, the EIR process is underway. We have paid the initial fees to the county, and all of that is moving forward. We deeply appreciate all the work that staff and the Loan Committee has done on the project. And 'crf course, as you well-know, this project is essential to the waste diversion goals of Mendocino County. Those communications have been forwarded to you, I believe, and we would really like to get to work composting. We have spent a lot of time dealing with other issues, and we would just like to make some compost and divert some solid waste from the local landfills. COMMITTEE CHAIRMAN RELIS: Before we go further, PETERS SHORTHAND REPORTING CORPORATION 3336 B~DS~W ROAD, SUITE 240, SACRAMENTO, ~ 95827 / (916) 362-2345 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 28 let's review then what we have heard regarding what the activities are. As you presented it, it's a manure-only composting operation, apparently with the amendments, being agricultural manures, chicken, turkey and wood ash? MR. ANDERSON: Currently we are composting in addition to that grape pumice. COMMITTEE CHAIRMAN RELIS: Do you want to add that to the mix? MR. ANDERSON: No. Because we are permitted by right, okay, under the Mendocino County Zoning Ordinance, we are permitted by right to do manure composting. If we bring other feedstocks onto the site, we trigger the need for CEQA review and a use permit. So, this was the course that was suggested to us, and pursuant to County Counsel's opinion and determinations made 'by the" Department of Planning and Building Services, this is the course we are pursuing. COMMITTEE CHAIRMAN'RELIS: Okay. So, then we have the grinding operation, as you describe, it is mostly mobile in nature, and that is to grind greenwaste for a variety of markets, which would include land applications and other erosion control, other activities. MR. ANDERSON: Correct. PETERS SHORTHAND REPORTING CORPORATION 3336 B~W ROAD, SUITE 240, ~CRAMENTO. CA 95827 1 (916) 362-2345 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 29 COMMITTEE CHAIRMAN RELIS: Now, let's just stop. Counsel, do you have any questions at this point regarding the description of the project? MS. CARR-MORRISON: I would defer to Elliot Block who is very familiar with all the composting regulations, and I think that from his nod it seems he's comfortable with their description. MR. BLOCK: Just for the record, I'll say that having heard the description and some discussion, I'm very comfortable'that this operation fits in the Notification. COMMITTEE CHAIRMAN RELIS: Notification, okay. MR. BLOCK: I guess I should say for the record that Notification tier is actually not considered a Solid Waste Facility Permit. It's what is referred to as a Notification Permit, and it's somewhat lesser than that in terms of the tiering scheme. . ..... COMMITTEE CHAIRMAN RELIS: Okay. Then I would ask you to sit down at this point, because we are going to have some testimony or discussion, and then we will probably have you back up here, not very long. MR. CAPUTI: I did want to make a point. They are talking about this project as interim financing or interim project. The Loan Committee and the staff did not look at this as an interim project because PETERS SHORTHAND REPORTING CORPORATION 3336 B~DS~W ROAD, SUITE 240, SACRA~O, ~ 958~ / (916) 362-2~5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 30 we're looking at a seven-year term loan. This is a project that will stand on its own. The greenwaste composting component that is tied up with their full permit application is a value added. It will add value. Instead of mulch, they will be selling the compost. But the project, as we describe it here, will stand alone and will repay the loan based on projections and the credit that we reviewed. COMMITTEE CHAIRMAN RELIS: Let's stop there. What we are talking about is that we had -- a special meeting actually was convened of our Loan Committee because of complications regarding this and scheduling where we had our Loan Committee review this application specifically for its normal credit worthiness, and you are saying that in that review that the project as just described to us as an interim project would be th~ basis'for the fiscal security for the loan? MR. CAPUTI: For the loan. Right. If anything happens, because there is uncertainty with the greenwaste composting operation, that value added piece to this, we did not consider that. We are only considering this as an ongoing operation. COMMITTEE CHAIRMAN RELIS: So, what Mr. Anderson is referring to as an interim, for purposes of our loan PETERS SHORTHAND REPORTING CORPORATION 3336 B~D$~W ROAD. SUITE 240, SAC~MENTO, CA 95827 / (916) 362-~5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 making, it's permanent. MR. CAPUTI: Right, and it's self-sustaining. MS. CARR-MORRISON: The entire valuation. MR. CAPUTI: Right. Their long-term objective, they are considering this an interim project, but from our standpoint, it's a self-sustained project. 31 COMMITTEE CHAIRMAN RELIS: We need to look beyond it. MR. CAPUTI: Right, and when we do look beyond it, then we get into the credit uncertainty that stopped this process before. COMMITTEE MEMBER CHESBRO: But it stands on its own as an interim project. MR. CAPUTI: If they did not get the full permit, they could not go the extra step, and the value added, that would not effect this project or the repayment ability of this project as has been reviewed by staff. COMMITTEE CHAIRMAN RELIS: Mr. Anderson, do you have anything to add on that? MR. ANDERSON: Yes, just briefly. I'm not sure how much you all know about this process, but when we appeared before the Loan Committee in December, that was their concern. They said that what they wanted to see was a cash flow analysis and credit analysis PETERS SHORTHAND REPORTING CORPORATION 3336 B~DS~W ROAD, SUITE 240, SAC~MENTO, ~ 95827 1 (916) 362-2~5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 32 based on our company never receiving a permit to do greenwaste composting. So, I apologize for the confusion. I said interim because that's how we view it. In other words, we feel very confident that over the next few months we are going to complete our CEQA process, get our use permit, we will be doing that project as originally proposed. But this project stands alone and was recommended by the Loan Committee on that basis and a review of the financials on that basis. COMMITTEE CHAIRMAN RELIS: So, I'm just going to look to staff right now and say we all understand this. There is no confusion on this point? MR. ANDERSON: Right. COMMITTEE CHAIRMAN RELIS: Okay. Well, we don't have anyone signed up to speak against this project. We do have a letter which I feel I should ~' summarize at least. This is from Eric Sunsweet. I referred to it at the opening, and he has concerns about this loan related to the composting side of it, the registration -- whether this is a Registration permit, whether it is a permit. The status of that is whether mulching is consistent with our objectives, which this project would grind up grain material and directly land-apply it as opposed to going directly through a PETERS SHORTHAND REPORTING CORPORATION 3336 B~DS~W ROAD, SUrE 240, SAC~MENTO, CA 95827 / (916) 362-2~5 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 33 composting operation. He had questions about whether this fits high in our priority list. So, that's just a rough summary of the letter. I guess the maker of the letter is not here. So, I will leave it at that. Is there anyone else in the audience that wishes to sPeak to this item? Okay. Hearing none, we will have discussion. COMMITTEE MEMBER CHESBRO: There is another issue I wanted to raise, and before you get too excited, let me tell you that it's not one that I see as preventing us from approving this. But I do have some questions about it, and it relates to not just this project but also precedents and our upcoming loan priority discussion. The project, as it's being considered'~e, iS'a project to essentially do a lower value activity than what I know the operator wants to attain if all the other hurdles can be cleared, and I want to make it clear that I have great confidence in this company and the individuals involved and their intention to do the maximum value activity and are committed to high quality composting. So, my question in no way undermines their credibility in that regard. But we are faced with a project PETERS SHORTHAND REPORTING CORPORATION 3336 B~DS~W ROAD, SUITE 240, SAC~MENTO, CA 95827 / (916) 362-2~5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 34 that's before us right now, which is essentially a low value land spreading type of activity that we are being told is market development that we are loaning money in order to divert. The questions came up during the compost permitting discussions and a number of people raised over the years, I guess Mr. Sunsweet touches on the question of the borderline essentially between segregated disposal and land spreading that has some value to the soil. We have been told in the past is defined by what's called agronomic rates, in other words, when are you applying materials that actually are creating a benefit to the soil and when are you -- where is the line drawn between that and essentially disposal of a segregated material that really doesn't create any benefit, so it's just another form of disposal, and so is it really recycling. I guess that's the question. ' ..... So, I have a question first for Mr. Anderson, or someone from Cold Creek about to ask you how you looked at that from the standpoint of assuring us that the land that this would be applied to, that you've taken into account the question not just of -- since you are dependent on tipping fees essentially rather than revenue from high value product, how you take into account the question of making sure that'these materials are used in a beneficial way so PETERS SHORTHAND REPORTING CORPORATION 3336 B~DS~W ROAD. SUrrE 240, SAC~MENTO. CA 958~ I (916) 362-2~$ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 35 that we can say that we have used this loan money to create recycling, and then after I've asked you that, I'm going to ask the staff about how we've looked at it from that standpoint and how this might fit into our loan priority discussion, because I do think we ought to -- and I'm more concerned, I want to say, about the potential precedent than -- like I said, I have a great deal of confidence in this operation and this proposal, but if someone comes in next month and says we're going to land spread, and you didn't put any criteria on those people as to value that is created for the soil, so why are you doing it to us -- COMMITTEE CHAIRMAN RELIS: If I could just go on from what Wesley just said, this whole discussion of land application of greenwaste was front and center in our compost regulations. So, this was not a small matter. We had months of discussion and debate over what constituted prope~ controls over greenwaste directly applied to land. So, we are not singling you out. This is a very fundamental issue in our regulatory system, and the Board has a strong interest in successful land application and no confusion between land enrichment and enhancement and dumping, so to speak, of greenwaste. I just want you to understand that it is broad interest. PETERS SHORTHAND REPORTING CORPORATION 3336 B~DS~W ROAD, SUITE 240, SAC~MENTO, CA 95827 / (916) 362-2~5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 36 MR. ANDERSON: First of all, I do understand, and I appreciate it. This is the first time that it's been presented to us in this way, and it is an important issue. I will go ahead and respond, and then if Martin would like to say a few words, because Martin is the farmer in the company, but let me say a few things about it. First of all, I think you all know that Mr. Millick has been and is a farmer and has been selling his products to farmers for many years. We have a great interest. We don't view ourselves as a waste disposal company. We view ourselves as an agricultural soil amendments supplier and fertilizer supplier, and we are very involved in field testing and all sorts of activities, and we want to produce products that add value to the soil. Certainly in our area we have seen situations" where greenwaste programs are simply land spreading, and we don't necessarily think that's appropriate. So, yes, it is our intent -- first of all, it is our intent to market this product to land spread. We felt it was necessary to have, if you will, a fallback if we couldn't sell it all, but we are located on a 4,000-acre ranch, approximately 4,000 acres. Mr. Jim Guntly, who is the son of the owner of the PETERS SHORTHAND REPORTING CORPORATION 3336 B~DS~W ROAD. SU1TE 240, SAC~MENTO, CA 95827 / (916) 362-2345 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 37 ranch, is our facility operator, and when this discussion of greenwaste came up, he expressed a great deal of interest. They have approximately 600 acres on their ranch that they are very interested in improving the organic contents of the soil. So, we are looking at -- we are not looking at this in terms of just finding a place to put it. Mr. Millick -- COMMITTEE CHAIRMAN RELIS: Is that grazing land, or do they do something else? MR. MILLICK: The Guntly Ranch has grazing land. For the record, I'm Martin Millick, Cold Creek Compost. They have approximately 600 acres of farm land, and they would love to put it on there. But what I want you to understand is I've been in the compost business for a long time. · ..... I've been producing this for 10 or 15 years, and I farm, too. I know the value of it. I don't get enough compost for my place, because it always gets sold. Some day I will have enough to spread on my own place. So, if you are concerned about spreading compost on land or spreading greenwaste on land as a form of disposal, I don't think you see this project the way that it PETERS SHORTHAND REPORTINGCORPORATION 3336 B~DS~W ROAD, SUITE 240, SACRAMENTO, CA 95827 / (916) 362-2345 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 38 is. I anticipate being able to sell it. I've always sold my compost, and there has never been enough for me, and it would be nice if I had some. COMMITTEE CHAIRMAN RELIS: You are describing it as compost. MR. MILLICK: Compost to greenwaste. What we are talking about right now is ground greenwaste. COMMITTEE MEMBER CHESBRO: That's what the question is. It isn't so much that the compost, which clearly has a -- MR. MILLICK: I would like to have ground greenwaste to put on my farm land, as would the Guntlys, but like I say, if sales go the way they are going -- COMMITTEE MEMBER CHESBRO: Let me go ba~ and Ray that the purpose of my raising this question wasn't because I have stronger doubts about your particular project, but our previous Board Chairman used to use the term, Lucky Acres, referring to the next person to come along who will say, yes, I'm a composter or a recycler or a farmer, buys a piece of land and puts themselves in the business of spreading segregated material with no intention of creating a value. PETERS SHORTHAND REPORTING CORPORATION 3336 B~DS~W ROAD, SUrE 240, SAC~MENTO, CA 95827 / (916) 362-2345 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 39 So, it's more of a precedential question, the idea that we approve you, and then we have a loan application that comes in next month that doesn't have the same kind of reputation and history that you have had. That's why I am asking the question. It's not like create some doubt about what you are intending to do so much as -- we are going to be having a loan priority discussion to establish our loan priorities coming up, and I'm looking at it more from the broader implications if we go ahead and loan whether we have raised this question and figured out how we are going to deal with it in the future. That's more my concern. MR. ANDERSON: Can I just add that, I think I speak for the company when I say this, that we really support what you are doing. We support -- what I think I'm hearing 'i~ that"you are insistent that this does add value to land. It certainly isn't going to do us any good to have people competing for greenwaste feedstock who are just going to go out and in essence dump it somewhere. It certainly doesn't do any good for our company, and I don't think it does any good in terms of developing markets for recycled product. So, we certainly support the course you seem to be taking in regard to that issue. PETERS SHORTHAND REPORTING CORPORATION 3336 B~DS~W ROAD, SUITE 240, SAC~MENTO. CA 95827 / (916) 362-2~5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 40 COMMITTEE MEMBER CHESBRO: Thanks. Let me ask staff next, I guess this is the second loan that we have had that involves some land spreading. I think there is one in San Luis Obispo County. MR. CAPUTI: Rossi. COMMITTEE MEMBER CHESBRO: Rossi, that does some spreading of lawn composted organic materials. MR. CAPUTI: Right. They grind on the farm site itself. They intercept it, then it's spread back on the same farmer's land. The intake on this loan a year and a half ago, this is the third time through to the Loan Committee. If -- there is no precedent, because it was a composting project with value added. The evolution caused by outside forces has brought the project to this point. COMMITTEE CHAIRMAN RELIS: Is that ev~h~ion o~ de-evolution? MR. CAPUTI: I would like to use the word, but I can't. Consequently, it wasn't the original intake, wasn't and decision was not based on the spreading operation. COMMITTEE MEMBER CHESBRO: Understood. COMMITTEE CHAIrmAN RELIS: Okay. PETERS SHORTHAND REPORTING CORPORATION 3336 B~DS~W ROAD, SUITE 240, SAC~MENTO, CA 95827 / (916) 362-2~5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 41 MR. CAPUTI: Had this project as it is now come in and been evaluated, it would have been under a different evaluation consistent with what the Board's policy is. COMMITTEE CHAIRMAN RELIS: But the point is the project before us is the project as understood now by our staff and by the Loan Committee in making its recommendation. MR. CAPUTI: Yes, and the spreading and the value added question is legitimate. COMMITTEE MEMBER CHESBRO: Well, there are two things I would like to see grow out of this. One would be, and I'm not interested in us setting up some kind of bureaucratic measurement where we are out there trying to monitor what they are doing, but I would like some kind of language in the loan that refers to agronomic rates just as a general agreement that that's the intention. Then secondly, if the rest of the Committee agrees to just direct staff in the upcoming loan priority discussions to bring that issue forward about how we might with recommendations about how we might deal with it in the future for land spreading operations that are proposed for loans. So, that would be two suggestions that I would make. PETERS SHORTHAND REPORTING CORPORATION 3336 B~DS~W ROAD, SUITE 240, SAC~MENTO. CA 95827 / (916) 362-2345 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 42 COMMITTEE CHAIRMAN RELIS: What was the second one? COMMITTEE MEMBER CHESBRO: The second one was that we ask staff to prepare a discussion during our loan priority discussion about how we take into account the question of land spreading operations. COMMITTEE CHAIRMAN RELIS: Okay. Thank you, Mr. CheSbro. Mr. Gorfain, do you have anything? MR. GORFAIN: I don't have anything to add. COMMITTEE CHAIRMAN RELIS: Mr. Pennington? COMMITTEE MEMBER PENNINGTON: I think I'm okay. COMMITTEE CHAIRMAN RELIS: Okay. I have -- COMMITTEE MEMBER PENNINGTON: What is the situation on the lawsuit? COMMITTEE CHAIRMAN RELIS: The lawsuit, well, there is an existing lawsuit. Go ahead. Identify yourself again for the record. MR. ANDERSON: Eric Anderson, Cold Creek Composting. We are expecting the judge's final order to be issued probably around the end of this month. The order as drafted and presented by the petitioner simply asks that our use permit be rescinded. As I said a few moments ago, we have already PETERS SHORTHAND REPORTING CORPORATION 3336 B~DS~W ROAD. SUITE 240, SAC~MENTO. CA 95827 / (916) 362-2345 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 43 started the process of putting together the RFP for our EIR. It's a limited -- it's a focused EIR on a limited number of issues as identified by the judge. We have come to the end of that legal process, and we have been directed to do an EIR, which we will do and take that through the process. COMMITTEE CHAIRMAN RELIS: I would like to comment and maybe clarify a little further. Mr. Chesbro, you mentioned this reference to agronomic rates, and I'm wondering, would this be in the form of like a covenant we do with the, let's just say, the matter that we heard earlier, we wouldn't prescribe a number, per se, because we don't know what that number is as opposed to post-consumer 40 percent with paper? We are looking at an agronomic measure that's going to depend on the site -- but would that be the nature of the ....... MS. CARR-MORRISON: That's correct. We could put that in the loan agreements that required the borrower to operate within the ag rates established by an agency. COMMITTEE MEMBER CHESBRO: We have to write it as a statement of a general intent. COMMITTEE CHAIRMAN RELIS: We are not the experts in agronomics. PETERS SHORTHAND REPORTING CORPORATION 3336 B~DS~W ROAD, suTrE 240, SAC~MENTO, CA 95827 / (916) 362-2~5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 44 COMMITTEE MEMBER CHESBRO: No. I want to stay away from that. I just want a general agreement from the operator that that's their intent. MS. CARR-MORRISON: I think we could identify that as parameters set by the relevant control agencies. COMMITTEE CHAIRMAN RELIS: Then on the matter of -- the earlier matter of the relevant permitting requirements, we have cleared that up, I believe. Was there anything further? MS. CARR-MORRISON: Well, we would need to know that that notification letter was received by the LEA. That's a confirmation that needs to be made. COMMITTEE CHAIRMAN RELIS: Okay. So, there are two points that I hear related to a motion. One is a covenant, and one is a formal, not a verbal, but a formal receipt of the notificatio~ 'l%tter." All right. Would someone wish to -- MR. CAPUTI: There are two other items that we need to clarify on the loan. One, the Loan Committee at its meeting thought or recommended that the Cold Creek interest rate be set at 4.5 percent, that's based on when Cold Creek's original application was made. At its request, Cold Creek was notified by staff, in writing in September of 1995, that on PETERS SHORTHAND REPORTING CORPORATION 3336 B~DS~W ROAD, SUITE 240, SAC~NfENTO, CA 95827 / (916) 362-2345 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 45 advice of counsel the interest rate would be 4.5 percent if the loan was approved prior to December 31, 1995. Thereafter, the rate would reflect the rate in force at the time the loan was approved by the Board. Staff recommends that the interest rate be set at the same rate of six percent as the other four loans contained in the Agenda Item. COMMITTEE CHAIRMAN RELIS: So, 5.25 versus 6? MR. CAPUTI: ~4.5 versus 6. COMMITTEE MEMBER PENNINGTON: So, you are talking a point, a point and a half simple interest? MR. CAPUTI: Correct. COMMITTEE MEMBER CHESBRO: Mr. Chairman, we haven't talked about this, but one of my concerns about this whole situation is that the CEQA process can be used essentially to scare off the Board as a lending agency, 'and that's been one of my fears. There are legitimate CEQA issues, and I'm not criticizing or undermining CEQA, but the question of how we respond to that, and I'm not in favor of penalizing an applicant because of a CEQA lawsuit, I think probably the Loan Committee was thinking that when they recommended that they be allowed to proceed with the previous loan rate. COMMITTEE CHAIRMAN RELIS: Could you convey what the Loan Committee understood? PETERS SHORTHAND REPORTING CORPORATION 3336 B~DS~W ROAD, SUITE 240, SAC~MENTO, CA 95827 ! (916) 362-2345 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 46 MR. CAPUTI: It would be hard to say. I don't know if they tied it to that reason. I think what they were looking at in their recommendation, as they were with adopting the 565 versa staff's 250 funding level, is that it was consistent with what they had seen in prior submissions of this package, and they didn't feel that the applicant should be penalized by the length of the process. was 4.5? COMMITTEE MEMBER PENNINGTON: Sounds like he is. Let me ask you this, when they applied our rate MR. CAPUTI: Correct. COMMITTEE MEMBER PENNINGTON: When the other applicants that we just approved, what was the rate when they applied? MR. CAPUTI: 6 percent. COMMITTEE MEMBER PENNINGTCN~. It seems"~ogical" that the rate should apply when they applied. MR. ANDERSON: It could be a strong argument. A lot of what has happened to the company has been outside of their control. There would be no negligence of their own in this process. COMMITTEE MEMBER CHESBRO: Do we have any pre-existing policy about when there is a change in the loan rate which loan rate is supposed to apply? PETERS SHORTHAND REPORTING CORPORATION 3336 B~DS~W ROAD. SUITE 240. SAC~MI~ITO. CA 95827 / (916) 362-2~5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6 to 5.8. 47 COMMITTEE CHAIRMAN RELIS: I don't think we do. COMMITTEE MEMBER PENNINGTON: We have lowered the We could though -- MR. YOUNG: This is Calvin Young. If I could interject for a moment. The idea, for those who have been around for awhile, you may remember that for the longest time the interest rate didn't change. It was 4.5 for a year and a half time period there, and then we decided to change the interest rate as things went along. There had been discussions in the Agenda Item back, I do believe, in May or June of '95, when they were talking about changing the interest rate instead of annually to do it semi-annually. There was in there discussion of when the interest rate would be set, but that portion was never adopted formally by the Committee or the B0~d. ~' So, it left a gray area. This again will be coming forward next month, or in one of the coming months, as additional discussion when the interest rate is determined. The Loan Committee does not approve loans. They recommend approval to the Committee and Board. The Board is the only body.that makes any formal approval. We have several applicants that have applied over PETERS SHORTHAND REPORTING CORPORATION 3336 B~DS~W ROAD, SUITE 240, SAC~MENTO, CA 95827 / (916) 362-2~5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 48 the last six months, year or two years. The concern would be when is that interest rate picked? Is it when they first talk to us? Is it when they first apply, back in '94 or '95, and when -- how long do we hold an interest rate, and is that fair to newer borrowers or newer applicants that maybe applied sometime in '95 that they be charged six percent while somebody that happened to have an application in two years earlier is 4.5 percent? No decision has been made on that. I want to make that clear, so that is a gray area at this point. But there is also no formal commitment one way or the other, be it 4.5 or be it 6. COMMITTEE MEMBER CHESBRO: What is the private lending industry practice in terms of when a loan is locked, a rate that's locked in? MR. YOUNG: Typically in the private sector applications don't go on for a year and a half 6~'~wo years. Typically there is not a big difference between a discussion with the potential borrower and when a rate is committed, subject to when it may be changed by further loan review. There may be a difference of a quarter point or something of that nature, but typically it will be what is discussed. But that's also typically taking place over a two- or three-month time frame not a year and a half to two PETERS SHORTHAND REPORTING CORPORATION 3336 B~DS~W ROAD, SUITE 240, SAC~MENTO, CA 95827 / (916) 362-2~$ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 49 years. But there is no commitment of the rate until the Board approves. COMMITTEE MEMBER PENNINGTON: As you know, I just got my car totalled, and I'm about to buy another car, and I went a week ago and got a preapproved loan at a specific rate, and it's set. I haven't gotten the money or signed anything, but when I go to get it, I expect to get the rate that I talked about a week and a half ago. Of course, he's right that it was not two years ago. I would be for setting it at 4.5. COMMITTEE MEMBER CHESBRO: I think we need to remember that we are in the business of trying to help these businesses get going and divert materials. So, we are not trying to be unnecessarily rigid. Although, I can also imagine situations about w~e~ the ~' responsibility for dragging out the loan might be at least in part the applicant's fault in terms of not meeting criteria that have been approved ~for their loan and dragging things out over a long period of time. That might be a little harder for us to decide in favor of the applicant than this one where it seems like the factors are things that have been beyond the control of the applicant, the things that have delayed the project. I PETERS SHORTHAND REPORTING CORPORATION 3336 B~DS~W ROAD, SUITE 240, SAC~MENTO, CA 95827 / (916) 362-2345 5O 1 mean, if it were up to the applicant, he would have had the 2 loan and be operating a long time ago. 3 COMMITTEE CHAIRMAN RELIS: I think we have 4 probably spent enough time on the interest rate issue. We will hear how it comes out in the motion. 6 MR. CAPUTI: There is one more provision that 7 needs to be -- 8 COMMITTEE CHAIRMAN RELIS: Yes, you have one more 9 point. 10 MR. CAPUTI: I'm going to let Calvin address it. 11 MR. YOUNG: In the original credit write-up back 12 in August of '94, when we were looking at taking the M and M 13 Ranch property as collateral, consistent with Board adopted 14 policy, when we take commercial or industrial or 15 agricultural properties, we also require a Phase 1 16 Environmental Report. 17 Because the proposal before the Loan C~ittee' 18 this last week or two ago was looking at the reduced dollar 19 amount and not taking the M and M property, that basically 20 was omitted at the time, I just wanted for clarification 21 sake that, since we are looking at the higher dollar amount 22 of $565, and they are looking at taking agricultural 23 property that the Board previously adopted Board policy of 24 requiring Phase 1 Environmental Reports satisfactory to the 25 Board would be in place in this particular situation. PETERS SHORTHAND REPORTING CORPORATION 3336 B~DS~W ROAD, SUrE 240. SAC~MENTO, CA 95827 / (916) 362-2345 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 51 COMMITTEE CHAIRMAN RELIS: I think I understand that. COMMITTEE MEMBER PENNINGTON: That doesn't have to be a part of the motion. COMMITTEE CHAIRMAN RELIS: Right. Any other points? MR. CAPUTI: Thankfully, no. COMMITTEE CHAIRMAN RELIS: Okay. We have three qualifiers or clarifiers. We have the covenant, the notification letter and the relevant interest rate. So, if we could hear a motion. COMMITTEE MEMBER PENNINGTON: I move that we approve the Cold Creek Compost loan and that staff be directed to include in the loan documents a covenant requiring the borrower to comply with the relevant agronomic rates for land spreading as set by the control agency, a~d two, a provision that the loan will not go forward to the full Board for approval until the borrower's demonstrate that his project is in compliance with the relevant permit and that the loan rate be set 4.5 percent simple interest. COMMITTEE MEMBER CHESBRO: I'll second. COMMITTEE CHAIRMAN RELIS: We will call the roll on this one. MS. WADDELL: Board Members Chesbro. PETERS SHORTHAND REPORTING CORPORATION 3336 B~DS~W ROAD. SUrE 240, SAC~NfENTO, CA 95827 / (916) 362-2~5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 52 COMMITTEE MEMBER CHESBRO: Aye. MS. WADDELL: Pennington. COMMITTEE MEMBER PENNINGTON: Aye. MS. WADDELL: Chairman Relis. COMMITTEE CHAIRMAN RELIS: Aye. This will be on the Board Agenda because there has been some controversy. It will not be a Consent item. COMMITTEE MEMBER CHESBRO: Can we, by either motion or consensus of the Committee or direCtion of the Chair or something, ask staff to examine the question of land spreading and agronomic rates as a part of their analysis for the upcoming loan priority discussion? MR. GORFAIN: It's on the Agenda. COMMITTEE CHAIRMAN RELIS: Okay. That completes the loan business. MR. ANDERSON: Just one quick question'~-egarding the confirmation~of our notification, and that's all been clarified. You just want a communication from our LEA that that has been met? MS. CARR-MORRISON: Yes. The LEA will probably just fax us a copy of whatever you give them. MR. ANDERSON: Thank you for your time. PETERS SHQRTHAND REPORTING CORPORATION 3336 B~DS~W ROAD, SUTrE 240, SAC~MENTO, CA 95827 / (916) 362-2~5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 53 COMMITTEE CHAIRMAN RELIS: I would just like to note before we close this discussion of the compost loan, it's likely, given what we have seen around the State, that a number of compost facilities or related facilities will be subject to contests of, you know, CEQA or local opposition, and we respect that. At the same time, for the record, I just wish to state that it's this Board's objective, and this Committee and under AB-939,..under our mandate to pursue all feasible diversion activities and recycling activities, and that's what the loan program was set up to do, and composting and greenwaste management are a priority area of the Board. So, this probably won't be the last time we will see matters like this, but it's not a basis strictly for this Board if there is a suit or a pending suit to withhold evaluations and even actions on pending loans even where those situations exist, because that's what we a~ in ' business to do. Okay. We have one other item. Mr. Gorfain, the Recycling Market Development Zone Program Evaluation Report. MR. GORFAIN: Yes. Mr. Chairman, Members of the Committee, I would like to present to you the staff report, the draft staff report evaluating the Recycling Market Development Zone Program and make a recommendation at the end of the PETERS SHORTHAND REPORTING CORPORATION 3336 B~DS~W ROAD, SUFFE 240, SAC~MENTO, CA 95827 / (916) 362-2~5 .CERTIFICATE OF SHORTHAND REPORTER I, VICKI L. MEDEIROS, a Certified Shorthand Reporter of the State of California, do hereby certify: That I am a disinterested person herein; that the foregoing hearing was reported in shorthand by me, Vicki L. Medeiros, a Certified Shorthand Reporter of the State of California, and thereafter transcribed into typewriting. I further certify that I am not of counsel or attorney for any of the parties to said hearing nor in any way interested in the outcome of said hearing. IN WITNESS WHEREOF, I have hereunto set my hand this twelfth day of February, 1996. VICKI L. MEDEIROS Certified Shorthand Reporter License No. 7871 PETERS SHORTHAND REPORTING CORPORATION 3336 B~DS~W ROAD, SUITE 240, SACRAMENTO, CA 95~ / (91~ 362-2345 MEMORANDUM DATE: TO: FROM: SUBJECT: January 13, 1997 Honorable Mayor Malone and Members of City Council Candace Horsley, City Manager Miscellaneous Agenda Items Re.qular Adiourned Meetinq - 5:30 p.m. We received one additional Planning Commission application from Mr. Joe Chiles, which you will find attached. Christopher Fetzer withdrew his application on January 13, 1997, so the schedule for interviews will be as follows: 5:40 p.m. Mike Brown 5:50 p.m. Mike Correll 6:00 p.m. Joe Chiles 6:10 p.m. Paul Eveleth Regular Meetinq - 6:30 p.m. Attached you will find the draft minutes from the December 18, 1996 Regular Meeting, Item 4ii of your packet. If you have any questions regarding any of these items or any other items on any of our agendas, please do not hesitate to call me at 463-6213. CH:ky Atts. 4:Sec:MCC57 January 11, 1997 Application from Joe Chiles 7. I'm applying for the Ukiah Planning Commission because I want to be an integral part of the decision making process of my community. 8. The role and responsibility of the Planning Commission is one of thorough investigative and proper decision making based upon current laws and codes. 9. The relationship, or role, of the Planning Commission to City Council is one o{ advisory only. The relation between staff and commission is for staff to provide useful information so that the right and proper decisions can be made. 10. I served on the Planning Commission of the City of Galt, California from April 1992 to June 1994. During that term, I sat on the committee that outlined the city's Parks Master Plan. I also was on the committee that oversaw the development of the Lincoln Way Project. This was a major redevelopment project on the city's main street. I also attended the California League of Cities Planners Institute in 1993 and 1994. 11. I believe that the most important land use issue right now for this city is it's Sphere of Influence. My biggest concern is the county ignoring or not including the city in it's development projects that would affect the city. 12. By collecting enough information possible to enable members of the city council to make a sound decision based upon the facts. 13. The type of growth that would be beneficial to this city would be the type that would be long term with good paying jobs and be sensitive to the environment. 14. Any industry or business that would not provide a positive revenue base to the city. 15. At this point I do not have sufficient information on the review process to comment on it's overall effectiveness. 16. A place where businesses prosper, safety is foremost, education is a top priority and recreation is abundant. 17. Yes. STORM WATER POLLUTION PREVENTION PLAN COLD CREEK COMPOST, INC. 74540 Hill Road Covelo, California for the · GUNTLY RANCH FACILITY Potter Valley Road Mendocino County, California WA'i~H CONTROL ' NAY 19 '95 TABLE OF CONTENTS CHAPTER 1 INTRODUCTION 1.1 Purpose of the SWPPP 1.2 BMP Implementation Personnel 1.3 Implementation Schedule 1.4 Protocol on Public Access to the SWPPP 1.5 Updating the SWPPP CHAPTER 2 SITE LOCATION AND GENERAL ENVIRONS 2.1 Description of the Facility's Business 2.2 Map of the General Environs 2.3 Map of Facility Layout 2.4 Description of Storm Drainage System and Outfalls CHAPTER 3 DESCRIPTION OF POTENTIAL SOURCES OF POLLUTION 3.1 Compost Pad . 3.2 Loading and Unloading Activities 3.3 Materials Processing 3.3 Maintenance and Repair Area CHAPTER 4 POTENTIAL POLLUTANTS 4.1 Significant Materials That May Come in Contact With Storm Water 4.2 Types of Pollutants' by Potential Source 4.3 Existing Data on Quality of Storm Water from Site . 4.4 Spills of Significant Materials after November 19, 1988 CHAtrrER 5 STEPS TO REDUCE POLLUTION 5.1 What are Best Management Practices 5.2 Assignments to Implement the BMPs 5~3 Facility Design 5.4 Facility Operations 5.5 Good Housekeeping 5.6 Employee Training CHAPTER 6 MONITORING AND RECORD-KEEPING 6.1 Checking on BMP Implementation 6.2 Monitoring of Storm Water 6.3 Record Keeping CHAPTER 7 CERTIHCATIONS AND SIGNATURES APPENDICES A Maps B Notice of Intent PAGE CHAPTER 1 INTRODUC~ON Federal regulations, administered by the California Regional Water Quality Control Board, North Coast Region (RWQCB), requires the Cold Creek Compost Facility at the Guntly Ranch to have a General Industrial Storm'Water Permit (Permit.) The purpose of the regulations is to protect water quality by reducing the amount of pollutants in storm water. The permit covers the entire facility. A copy of the permit is included at the back of this Storm Water Pollution Prevention Plan (SWPPP.) The original is kept at the facility. This SWPPP was prepared pursuant to the guidelines and format provided in CALIFORNIA STORM WATER BEST MANAGEMENT PRACTICE HANDBOOKS~ March, 1993 and in conformance with the State Water Resources Control Board, ..FACT SHEET FOR NATIONAL POLLUTANT DISCHARGE ~oLI,_,M~I~N~A~T.I .O.N. PERMIT (NPDES) GENERAL PERMIT (AS AMENDED SEPTEMBER 17, 1992) c.,t~ ~ItOI4M WATER DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIVITIE,,; EXCLUDING CONSTRUCTION ACTIVITIES. 1.1 Purpose of the SWPPP The regulations require us to prepare a SWPPP. It describes the measures we will take, as specified in our permit. This plan is to be kept on the premises at the office of the facility Manager. . 1.2 BMP Implementation Personnel The Permit r..e. qEires that the SWPPP identify personnel to oversee implementation of any measures to reduce pollution (Best Management Practices (BMP)) and to modify the SWPPP over time. The responsible personnel for this facility will be~th-e facility operator, 'Mr. Martin Mileck and the on-site facility Manager. 1.3 Implementation Schedule All BMPs will be implemented as the facility is built and beComes operational. All BMPs will be implemented by October 1, 1995, excepting construction of phase two of the roof structure, scheduled for October 1, 1996. Should phase one of the roof construction not be completed by October 1, 1995, all uncompoSted feedstock will be removed from the compost pad, no additional feedstock will be accepted and any finished compost on the pad will be wet-weather stored as described elsewhere in this plan. 1.4 Protocol On Public Access to the SWPPP Although this is a Company plan, meant for the use of our employees, it is a public document. Representatives of the RWQCB or other responsible agencies are allowed direct access to the plan when on site. Any request for a copy of the plan by the RWQCB, or other government agency, should be directed to the facility Operator at 74540 Hill Road, Covelo, CA, 95428. 1.5 Updating the S~rppp The RWQCB can require changes to the plan. We are required to change the plan whenever a change in our activities occurs that may significantly affect the discharge of pollutants. We may also change the plan if we determine that there are more economical BMPs to reduce pollutants than the ones currently identified in-the SWPPP. The facility operator is responsible for determining if the SWPPP is to be changed. CHAPTER 2 SITE LOCATION AND GENERAL ENVIRONS 2.1 Description of the Facility's Business The facility's primary purpose is composting green waste, manures and other organic waste material. Facility operations include receiving and unloading incoming material, placement of materials in windrows for composting, turning windrows, and loading finished compost for delivery. Some mixing of additional material with finished compost will occur for custom orders. The loading, turning and grinding equipment and miscellaneous vehicles are maintained on site. This includes engine maintenance, lubrication and washing. Material delivery vehicles are not maintained on site. , · 2.2 Map of .the General Environs Map 1 shows the facility and the immediate surrounding area. The site covers a 10 acre portion of the 4000 acre Guntly Ranch. The Facility where all operations activity occurs covers approximately 5.5 acres of the 10 acre site. Storm water discharges are via roof gutter drains and sheet flow from the uncovered portion of the compost pad. Storm water flows into natural drainages and seasonal streams and ultimately to the Russian River. 2.3 Map of Facility Layout .. ~-' The location of structures and the compost pad are shown on the site plan (Map 2.)' There is a large roof structure. Composting and all vehicle maintenance will occur under the roof. During dry weather periods composting activity will also occur on the uncovered portions of the pad. During wet weather periods, activity on the uncovered portions of the pad will be limited to storage of finished compost material. 2.4 .D~scription.of Storm Drainage System and Outfalls , The roof storm drain outfalls are depicted on Map 2. As depicted, the storrq water runoff from the roof with be carried beyOnd the pad perimeter and released to natural ~lrainages. Storm water sheet flow will occur in all directions from the uncovered portions of the pad which will be contoured to slope at approximately 2% from the center outward in all directions. A buffer of perennial grass will be planted around the perimeter of the pad to trap and retain any soil sediment from the pad. .- There will be no contact of composted or uncomposted material with storm water. There is no storm water run-on to the pad. CHAPTER 3 DESCREPTION OF POTENTIAL SOURCES OF POLLUTION 3.1 Compost Pad Runoff from the uncovered portions of the compost pad may contain some sediment. A perimeter grass buffer will be planted to prevent sediment loads from entering receiving waters. ~3.2 Loading and Unloading Activities During the dry season, loading and unloading of incoming raw materials and loading of finished product will occur on both covered and uncovered portiofis of the ~ad. During the rainy season these activities will be confined to the covered portion of the pad. The high moisture content of the raw and finished materials ensures these activities will geherate insignificant quantities of dust or particulate matter. 3.3 Materials Processing The primary materials processing activities that will occur on-site are the turning of the compost windrows and screening finished compost product. The high moisture content of the material and the design of the windrow turning equipment ensures these activities will generate insignificant quantities of dust or particulate matter. However, equipment for spray water dust control will be maintained and available near these activity areas should dust suppression be necessary. Some grinding of incoming yard waste will occur on-site, although most grinding activity will occur prior to material delivery to the site. The high moisture content of the material will - minimize generation of any dust or particulate matter. As noted above, dust control equipment will be readily available should it be needed. 3.4 Maintenance and Repair Area All maintenance and repair activities will take place under the roof, preventing storm water contact with potential pollutants. All vehicle oil and fluid servicing will be conducted by mobile service truck. Used oilS'and · fluids will be removed from the site at time of servicing. Fueling will be done by an on-site f~el truck and all fueling activities will take place under the roof. CHAPTER 4 POTENTIAL POLLUTANTS 4.1 Significant Materials That May Come in Contact With Storm Water The materials at the facility that have the potential to come in contact with storm water are composting feedstocks, finished compost, certain amendmefits or additives stored on-site and mixed with finished compost for custom orders and sediment from the uncovered portions of the compost pad. Compost feedstocks will consist of manures (such as chicken, turkey, dairy), agricultural waste (including grape pornace), wood waste, municipal green waste, ash, restaurant and grocery waste, and fishery waste. Amendments and additives may include ash, lime, rock phosphate, gypsum, or other commercial fertilizers. All amendments and ad~es will be.,_._...~stored under the roof structure, r.. _ 4.2 Types of Pollutants by Potential Source Total suspended solids Small floatable debris Nutrients, including nitrogen and phosphorus Bacteria and viruses Oxygen demanding substances 4.3 Existing Data on Quality of Storm Water from Site Prior to development of the compost pad, this property was undeveloped range land, except for a one lane unimproved dirt road used for ranch access purposes. The only storm water data available for the site is from one .day of sampling conducted in early February of 1995. The reasons for the sampling and the test results are detailed in the following section. 4.4 Spills of Significant Materials after November 19,1988 In the summer of 1994, the facility operator delivered approximately 7,000 tons of materials to the site for storage on the completed portion of the compost pad pending permit approval for the composting operations. The materials consisted of approximately 50% grape pomace, 25% dairy manure, and 25% chicken manure as measured by Weight. Due to significant delays in the permitting process, the materials remained in their uncomposted state into the winter rainy season. · The facility operator, following visual observations of leachate production from the material piles, collected grab samples from a number of locations and submitted them for testing to A & L Agricultural Laboratories on February 7, 1995 (see results below.) Representatives of the local enforcement agency and the RWQCB visited the site a short'time later and based on their visual observations directed the operator to securely cover the manure, collect the leachate runoff from the pad and distribute the leachate, using the on'site water truck, to various portions of the ranch property. Sample collection point Itl "South Silver Creek" Pad runoff at point where it entered southern drainage, approximately 300 feet from pad. Total Nitrogen COD ECw mg/L mg/L mmhos/cm 12.50 682 0.53 #2 "Bear Creek Quarry*' Pad runoff in northern drainage at approximately 1.25 miles from compost pad; .25 mile from Russian River. #3 "Silver Creek/River" Approximately 1/3 of distance from #1 to #4. 2.60 72 0.11 1.20 72 0.08 #4 "First Culvert" 1.20 Southern drainage entry to Russian River..,, tt5 "Russian River" 0.60 Russian River approximately .25 mile above point where affected drainage enters the river. 72 0.09 36 0.11 Note: Compost pad is approximately 1.5 miles from the Russian River. All referenced drainages are seasonal flow streams. CHAFFER 5 STEPS TO REDUCE POLLUTION 5.1 What are Best Management Practices . Best Management Practices are implemented to reduce the contamination or potential for contamination of storm water. The following sections of this chapter identify the BMPs this facility will implement in facilit[ design, operations, Kg~_~ho_usekeepinl~ [~ractices and employee'~ to red-u~e t~e potential for Conf~mina~i~on of'~;~o~'~ v~te~. 5.2 Assignments to Implement the BMPs The facility Operator will be responsible for ensuring the facility is in compliance with all pertinent rules and regulations governing operation of the facility. The facility Manager will assign and direct employee activities, schedule all facility maintenance activities and ensure good housekeeping practices are adhered to, review daily logs and data to ensure daily logs of incoming and outgoing materials and other logs are proper~/y recorded and maintained, perform or supervise all r'equired on-site testing and monitoring and act as the point of contact for all regulatory agencies. The Manager will report directly to the facility Operator. The facility Mechanic will be responsible for performing all primary facility and equipment maintenance tasks. All facility personnel will be responsible for good housekeeping activities. $.3 Facility Design The compost pad, currently covering approximately 4.3 acres of the 10 acre site, has been lined with one foot of material having a maximum permeability of 1 x 10-6 cm/s. When completed the compost pad will be approximately 5.5 acres. A 6"-12" layer of native rocky material will be placed over the impermeable layer to prevent damage to this layer. The pad is being constructed with a minimum 2% slope in all directions from the center of the pad.' Approximately 2.6 acres of the compost pad area will be covered with an all metal roof structure to prevent storm water contact with feedstocks, composting materials, finished compost and vehiCle maintenance areas. Storm water runoff from the roof will be carried beyond the pad perimeter and released to natural drainages. $.4 Facility Operations During wet months, all facility operations, including loading and unloading, windrow ~ placement and processing, and mixing, will occur under the roof. Utilization of the uncovered [ portions of the compost pad area during the rainy season will be limited to storage of finished compost product. Any such material stored on the uncovered portions of the pad will be securely'.. tarped to prevent contact with rain water and perimeter bermed to prevent contact with storm - water runoff from the pad. ~ During the dry season, some portion of the uncovered area of the compost pad may be utilized for composting. Prior to the first runoff event of the rainy season, the uncovered portions of the pad will be cleared of all material except finished product which will be secured from contact with storm water as described above. All vehicle maintenance operations will ocCur only on the covered portion of the pad. Incoming feedstock deliveries will be scheduled to maintain average facility loading. While some grinding of municipal green' waste will occur on-site, most grinding operations will occur off-site. Although dust generation from the grinding operation will be minimal due to' the high moisture content of the incoming material, the grinding operations will be closely monitored and moisture suppression will be employed to minimize any excessive dust generation. Screening operations for finished product will be conducted on uncovered portions of the pad during the dry season and will be moved entirely under the roof following commencement of the rainy season. As with the grinding operations,, screening operations will be closely monitored for excessive dust generation and spray water Will be used for dust suppression. Incoming material will be delivered directly to the windrow area that is receiving new compost material or to the grinding area, if required, prior to placement in windrows. As required by the facility use permit, incoming feedstocks will be placed in windrows within 48 hours of receipt. 5.5 Good Housekeeping All materials necessary for the daily operations of the facility will be stored in a neat and orderly fashion in the structures identified onthe site plan. Other materials and supplies will either be covered or placed in designated areas dedicated to storage or stockpiling. No accumulations of undesirable materials will be kept at the site. Debris receptacles will be provided at material sorting locations and pick-up for off-site disposal will be regularly scheduled no less than once a week. Facility personnel will also regularly patrol the site to control litter. Hazardous materials will be rejected, returned to the generator if practicable or temporarily .stored on-site in appropriate containers for prompt removal to an approved disposal site. It.-' will be the policy of this facility to reject any hazardous materials. Employees will be trained to recognize potentially hazardous materials and facility policy will require personnel to treat any unknown or unidentifiable material as if it were a hazardous material. 5.6 Employee Training ~ New employees will be provided copies of this SWPPP, the facility's Report of Composting Site Information and the facility use permit and will be familiarized with the requirements of all regulatory agencies, including, but not limited to, the Regional Water Quality Control Board, the Mendocino County Air Quality Management District and the Local Enforcement Agency (LEA), by the facility Manager or Operator. All employees will be familiarized with facility operations. This cross-training will facilitate higher levels of control with respect to efficiency of operations, regulatory compliance, identifying problems and responding to emergency situations. The facility will comply with ali CalOSHA health and safety regulations and any other applicable worker health and safety regulations. The facility Manager will schedule regular monthly health and safety meetings to ensure regulatory 'compliance and update facility personnel regarding any changes or new information pertaining to worker health and safety. All personnel with be familiarized with facility good housekeeping practices and appropriate responses in emergency situations. All workers will be encouraged to propose methods to impro0,e operational efficiency, provide for worker health and safety and ensure compliance with ~11 environmental regulations. CHAPTER 6 MONITORING AND RECORD-KEEPING 6.1 Checking on BMP Implementation As required by our permit, visual observations of the faCility during both wet and dry seasons will be performed. Dry season observations will be performed to verify there are no non-storm water discharges from the facility. Wet season observations will be performed to evaluate the effectiveness of the SWPPP. ' An annual facility inspection will be performed by the facility Operator and/or Manager to determine compliance with the permit. 6.2 Monitoring of Storm Water Storm water runoff from the compost pad will be tested twice per year, once in October after, the first runoff event of the wet season and again in April during or after a storm event that causes noticeable runoff. Two composite grab samples will be taken, one from just beyond the pad perimeter and one from just beyond the outside perimeter of the giaSs buffer surrounding the pad. Samples will be tested for electrical conductivity, pH, combined nutrient series, and BOD. 6.3 Record Keeping The results of the.annual inspection and storm water monitoring data will be documented by the facility Manager and kept on file as required by the permit. CHAPTER 7 CERTIFICATIONS AND SIGNATURES 'I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted, is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." Facility Operator Title P.O. Box 321 Calpella, CA 95418 January 12, 1997 The Honorable Sheridan Malone, Mayor, and Members of Ukiah City Council 300 Seminary Ukiah, CK 95418 Re: Ukiah's Yard Waste Contract with reference to the Mileck Waste Facility aka "M&M Feed," aka "Cold Creek Compost" Dear Mayor Malone and Council Members' At the Council's meetin§ on December 18, 1996, Mr. Mileck's full- time salaried lobbyist Eric Anderson stated that "litigation was over" and that our Complaint before the California Regional Water Quality Control Board did not exist. Lest any doubt persist as to the veracity of his statements or lack thereof, a copy of our Water Quality Complaint is enclosed. That Complaint was received by the Water Quality Control Board on September 26, 1996. As can be seen from the enclosed documents, Mileck is currently restricted by the Water Quality Control Board to operating under a roof during the wet season, defined by Water Quality as October 15 through April 15. A CEQA lawsuit is also pending on the Mileck Facility with further litigation under consideration, any or all of which might curtail or completely close down Mileck's operation. Contrary to Eric Anderson's statements, this and other litigation are far from over. At your December 18, 1996 Council meeting Eric Anderson also stated your decision would affec~ local employment. The facts are that for the three years of Mileck's illegal operation, only three persons have been employed by Mileck, none of whom are residents of Ukiah. These three employees are: Martin Mileck of Covelo, Maqager; Eric Anderson of Santa Rosa, full-time lobbyist; and Jim Guntly of Potter Valley, son of landowner where facility is located. Mileck also claims to have employed his wife, also of Covelo, as part-time bookkeeper. Mileck has not projected any further need for employment in any statements or planning documents to date. We hope this, as well as other materials presented at your December 18 meeting, will be of help in your ongoing deliberations on awarding of .a contract to haul waste materials. In light of current restrictions on Mileck's operation as well as litigation which might well result in shutdown, we urge you to reject Mileck's request for reconsideration of the Council's decision of November 20, 1996, tO award the City's contract to its existing hauler. Thank you. Sincerely, Ma~y/Goodwin (I/~ive and vote in the City of Ukiah.)