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1996-12-18 Packet (2)
MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - December 4, 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. PRESENT: Councilmembers Mastin, Malone, Watlenburger, Shoemaker, and Mayor Schneiter. ABSENT: None. 8taft Present: Customer Service Supervisor Archibald, Airport Manager Bua, Assistant City Manager Harris, City Manager Horsley, Associate Planner Lohse, Personnel Officer Revheim, Planning Director Sawyer, Senior Planner Stump, Senior Civil Engineer Woods, Executive Assistant Yoast, and City Clerk Giuntoli. 2. Invocation/Pledge of Alleaianc,? Mayor Schneiter gave the Invocation, and Councilmember Shoemaker led the Pledge of AJlegiance. 3. Approval of Minutes _L ReQular Meeting - November 20, MIS MalonelMaatin to approve the Minutes of the Regular Meeting of November 20, 1996 as submitted, carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, and Mayor Schneiter. NOES: None. ABSTAIN: Councilmember Shoemaker. ABSENT: None. 4. Special Order of Bu$ines,- a. Adoption of Resolution Declaring Results of Municipal Election of Nov'ei~ber 5, 1996 and Swearin9 in Ceremony for Mayor Sheridan Malone, Councilmembe, Kristy Kelly, Councilmember Phillip Ashiku, and City Treasurer Allen Carte, II,US Shoemaker/Wattenburger to adopt Resolution No. 97-39 Declaring Results of November 5, 1996 Municipal Election, camed by the following mil call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: None. City Clerk Giuntoli performed the sweadng in of Mayor Sheridan Malone, Councilmembers Kristy Kelly and Phillip Ashiku, and City Treasurer Allen Carter. The new Council assumed their seats at 6:40 p.m., and roll was taken. PRESENT: Councilmembers Ashiku, Kelly, Mastin, and Mayor Malone. ABSENT: None. 5. RJGHT TO APPEAL DECISION Mayor Malone mad the appeal process. 6. ~CONSENT CALENDAR Mayor Malone noted staff had requested that the meeting time indicated in Item 6c be changed from 5:30 p.m. to 5:15 p.m. for the City Clerk interviews scheduled for December 18, 1996. MIS Mas'tin/Kelly to approve the Consent Calendar as follows: a. Adopted Ordinance No. 982 Amending the City Zoning Map to Rezone 21 Lots in the State 8treat Central rezoning area; b. Approved amendment to the Fiscal Year 1996/97 Budget for Solid Waste Disposal Site litigation expenses; c. Set date to interview City Clerk applicants for December 18, 1996 at 5:15 p.m. The motion carried by the following roll call vote: AYES: Councilmembem Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 7. [AUDIENCE COMMENTS ON NON-AGENDA ITEM~ No one came forward. Mayor Malone recornmended that Item 10a be heard at this time, since it was not yet the 7:00 p.m. hour scheduled for the Public Hearing. Regular Meeting - December 4,1~96 Page I MIS Ashiku/Kelly to move Item 10a, regarding the vacant City Council seat, to the front of the ·genda, carried by an all AYE voice vote of the Councilmembers present. 10. NEW BUSINESS 10a. Discussion Reg~rdina Vacant Council Seat, the Nomination Proci~s, end Adoption o. _Risolution Appointing Councilmember to Fill the Unexpired Term of Sheridan Melee: City Manager Homley advised that it was necessary for tl~ Council to determine the process for filling the v~cant Council seat created by Councilmember Malone's election ·s Mayor. She defined the alternatives, which include the calling of a Special Election at an approximate cost of $8,000 to $10,000, appointing an individual selected from the existing candidate pool, or soliciting applications from the general public. She further advised regarding the nomination process, whereby the Mayor begins by nominating an individual, and if that nominee is not selected, the choice for nomination would then pass on to the next senior Councilmember. The Council may instead choose to follow the procedures for filling vacancies on City Commissions ·nd Committees, whereby the Mayor moves to appoint a candidate and if that person is not chosen the Mayor continues to nominate candidates until a selection is made. Should the Council choose to nominate ·nd select a Councilmember at this meeting, it must also adopt a resolution appointing the new member to the Council, with the sweadng in ceremony to occur at the December 18, 1996 City Council meeting. Mayor Malone stated that, although this item did not require a public hearing, he would provide an opportunity for comments from the audience. No one came forward. Mayor Malone gave a brief review and history of the appointment process since the position of mayor became an elected one. He stated he felt the primary function of the Council is policy sailing, and that the obligation to filling the vacant seat is to the larger community of 16,000 people. His personal opinion, based on his experience, is that the Council has no obligation to appoint a candidate who received the next highest number of votes in ·n election. Councilmember Mastin commented there were candidates who ran in the recent election who were not the top two vote getters, but were capable of filling a seat on the Council. He stated that he prefers to go forward after this meeting with a Council of five members, not four. Although there had been mention of opening applications to the general public, there ·re people who have made the effort, put their name and checkbook on the line, ·nd the selection should be made from that candidate pool. Councilmember Kelly stated she did not support the idea of a special election. Although she was interested in having the Council at full strength, she preferred that an interviewing process occur prior to the selection, and would support soliciting applications from the public if there was significant support for that idea. However, she would also support keeping the selection to within the candidate pool. Councilmamber Ashiku stated he was in agreement with Councilmember Kelly, ·nd that he felt the need for the interviewing process with the candidates, since he did not consider he knew ·Il of them well enough to make a decision at this meeting. He further stated he was not open to having the Mayor select consecutive nominees, but would prefer to have the selection on a rotating basis. Discussion followed ·s the Council attempted to reach · consensus relative to making the appointment at this time or instituting an interview process prior to making a selection. Mayor Malone asked if the interview process would also include applicants from the general public. Councilmember Ashiku stated his prefer·ftc· would be to interview only the candidates; they made the effort and deserve the first opportunity. It the Council cannot reach consensus among that group, then the process can be opened to the public. Councilmember Mastin stated if there was · potential for not reaching consensus on the people who ran in the election and · possibility of seeking public applications, there could be a six week or longer period in which they would be functioning with a four person Council. He further stated he wes still unclear what was to be gained by prolonging the selection process; any questions should have been asked in the public forums. Councilmember Ashiku ctarif-~:l that the candidates did not have the opportunity to question each other in the forums; they only responded to questions from the public. The interviewing process Regular Meeting. December 4,1996 Page 2 would take place with the public in attendance. M/S Ashiku/Malone to interview the candidates who submit themselves from the candidate pool for an appointment to the city Council. Councilmember K~lly spoke to Councilmember Mastin's concerns relative to delaying the selection process. 4' City Manager Homley explained that customarily during the public application process for City commissions, a set of questions is given to the applicants prior to their interviews, which they respond to in written form in Preparation for discussion. A minimum of three weeks should be considered if the Council chooses this process to allow the vacancy to be publicized and applications to be taken. Discussion followed relative to what action the Council should take regarding the appointment, and the time frame involved. Councilmember Ashiku amended his motion to include opening the process to the public so that the selection for the vacant seat could be made from the largest possible pool of applicants. Mayor Malone seconded the amended motion. Councilmember Mastin slued he would support that position if the election had occurred more than a year ago. However, having just had an election last month, it would seem that if the public were able to selec~ two people, Coundl should be able to select one parson out of the existing candidate pool. The amended motion carried by the following roll call vote: AYES: councilmembers Ashiku, Kelly, and Mayor Malone. NOES: councilmemberMastin. ABSTAIN: None. ABSENT: None. Fred Schneiter, 700 West Perkins Street, was granted parmission to speak, and voiced his concerns regarding the council's decision. He stated he felt that opening the application process to the public was unfair to the candidates who ran in the election, and that the council showed a lack of fortitude in decision-making. City Manager Homley advised that staff will create an application for submittal to the public, advertise the Council vacancy, and set a three week deadline for return of the completed applications. She requested that Council submit questions they would like inciuded on the application to her office as soon as possible. Mayor Malone urged the audience to participate in the City's governing process by making application to the various Commissions/Committees within the City. Discussion followed relative to how the nomination process would occur, wherein it was determined the current process of the Mayor making the nomination would continue unless the Council decided to change it. Chuck Williams, 3 Betty Street, suggested elimination balloting for the selection process. Ksth~ Schapmire, $16 Leslie, urged the Council to make the appointment for the vacant Council seat based on the recent election results. 8. _PUBLIC HEARING -7:00 P.M. aa. _lnb'oduction of Ordinance Amending the ¢itv Zoning Mep to Rezone 30 Ps;-,~ts in St_ E~-st Side Area, as Part of the City-Wide Rezoning Proorem Assoc;~d w;;.; Im_mpleme~;Jtion of the Ukiah Valley General Plan · enior Planner Stump advised that Phase No. 7 of the city-wide General Plan rezoning program involves amending the C)ffK~I Zoning Map to rezone 28 lots in the East Side area. Thirty lots were originally recommended for rezoning; however, it is now recommended that lwo of the lots be remanded back to the P~anning commission for further discussion. On November 13, 1996, the Planning commission considered this phase of the rezoning program, and developed I series of recommendations for the Coum='l. These recommendations include rezoning 27 parcels from' R-2" (Multiple Family Residential) to 'R-3' ( General Multiple Residential), and rezoning the southern portion of Assessor's Parcel 3-582-27 from 'R-2" to 'R-3", and the northern portion of Assessor's Parcel 3-582-27 from 'C-N' (Neighborhood commercial) to 'R-3.' Regular Meeting - hr. ember 4,11g6 Page 3 Councilmember Mastin inquired regarding the Oak Manor Trailer Park, which the Planning Commission recornmended not be rezoned from 'R-3" to 'R-2,' and whether an 'R-3" designation would be appropriate if there were no mobile home perk on the percel. Mr. Stump replied the mobile home perk is compatible with the surrounding land uses. If another owner desired to develop the property with high density residential, the Planning Commission could do a good job of site planning for I high density project that would be as compatible to the parcel as the trailer perk is. - Councilmember Mastin clarified ltmt during the Growth Management hearings, the East Side area was designated as 'R-2,' and inquired why it was not designated 'R-3.' Mr. Stump replied the Minutes of the hearings do not reflect detailed discussion on the matter. PUBUC HEARING OPENED: 1':20 p.m. Judy Pruden, 304 South Hortense, answered Councilmember Mastin, and explained that dudng the formulation of the General Plan, the land use was designated by how it was currently functioning. There were no future projections made, except regarding a few empty parcels. Discussion followed regarding land use designation m~d zordng issues relative to affordable housing. Phil Baldwin, 627 Willow Avenue, stated he was in support of the staff recommendations, since in the future there will be less urban land available for development within the City, and creative ideas for high density residential should be encouraged. PUBLIC HEARING CLOSED: 7:25 p.m. M/S KellylAshiku to introduce by title only the Ordinance Amending the Official Zoning Map for the City of Ukiah, California, rezoning 28 parcels in the East Side Area, carried by a unanimous voice vote of the Councilmembers present. City Clerk Giuntoli read the Ordinance by title only. MIS KellylAshiku to introduce the Ordinance Amending the C)ff'~al Zoning Map for the City of Ukiah, California, rezoning 28 parcels in the East Side Area, carried by the following roll call vote: AYES: Councilrnembers Ashiku, Kelly, and Mayor Malone. NOES: Councilmember Mastin. ABSTAIN: None. ABSENT: None. 9. UNFINISHED BUSINESS 9a. _Set Date for Legal Workshop to Discuss City Council Legal !_~_-ues and M==tinf C-onduct and Protocol It was the consensus of the Coundl to schedule the legal workshop for Thursday, January 16, 1997 at 8:00 a.m., after a fifth Council member is seated following appointment at the regular scheduled meeting of the Council on Wednesday, January 15, 1997. 9b. Adoption of Ordinance Amending Section 1101 of the Uklah Municipal Code ReducinI. the Number of Airport Commissioners from Seven to Fly- City Manager Homley stated lhat on November 20, 1996, Ihe City Cc,__,ncil introduced the ordinance to reduce the number of Airport Commissione~ from seven to five, and that it is now returned to the Council for adoption. Mayor Malone invited comments from the audience. No one came fomrard. MIS Mastin/Ashiku to adopt Ordinance No. 983 Amending Section 1101 of the Uldah City Code Changing the Number of Members on the AIrport Commission. Mayor Malone voiced his lack of support for the ordinance, and explained the new policy of having applications available to the public at all times for appointment to the City's Commissions and Committees. He stated he felt that the more individuals are involved in the Commissions, the more exposure It provides to the community at-large. Although it has been difficult to secure volunteers for these positions, it is within the realm of this Council to solicit individuals who are willing to serve. Even though the larger number of members make conducting business unwieldy, it is more inclusive of community perspectives. Regular Meeting. December 4,1~6 Page4 Councilmember Mastin voiced his support for the ordinance, end at·ted he felt all of the City's commissions should be reduced to five members. Councilmember Ashlku expressed his agreement with Councilmember Mastin, and stated he felt commissions of fewer numbers are more efficient and likely to be composed of well qualified individuals who are not appointed merely to fill a vacancy. The motion carried by the following roll call vote: AYES: Councikllen. tbe~ Ashiku, Kelly, and Mastin. NOES: Mayor Malone. ABSTAIN: None. ABSENT: None. 11. ..CITY COUNCIL/REPORTS Councilmember Kelly advised that Dr. Marvin Trotter, Public Health Office for Mendocino County, tins been active in gathering community groups together ·nd developing funding for the proposed LJkiah Valley Arts and Rec:mat~ Genter. The General F~n mentions a public non-profit corporation being formed to construct the buiiding~ however, the formation of a private non-profit corporation is now being consiclered, with the idea being that it might continue to oversee the operation of the Center. Councilmember Mastin advised the two new council members that this portion of the agenda wes · n appropriate time to report o~ the other Council appointed C~lmi~sions and Committees on which Ihey will be serving. He then reported that Mendocino Transit Authority (MTA) had met in Fort Bragg on November 21, ·nd discussed Transportation Development Act ('TDA) ·xcess funds of approximately $171,000. MTA put in a claim for the entire amount, ·nd submiffed a revised list of unmet needs to Mendocino Council of Governments (MCOG), which included more funding for the senior centers. MCC~ funded approximately $66,000 for the Ukiah, Redwood Coast, Willits, South Coast, and Anderson Valley centers, but did not fund the $88,000 requested for redoing MTA's underground fuel tank, orthe $18,000 to reinstate services in Ukiah, Fort Bragg, ·nd VVillits that were eliminated during prior budget cuts. There is a move to support the cities turning ·Il of the funds over to MTA, which Fort Bragg and Willits have already done, and there will be a request coming to this Council that it assign the money to MTA to use for transportation projects. He further reported that Economic Development and Financing Corporation (EDFC) met, and will be looking for an intedm director to complete the balance of the fiscal year. The expectation is that EDFC will be continuing, and looking to other cities within the county to contract for services. Mayor Malone advised that on February 1, 1997 there will be a joint division meeting ·nd rail workshop at the Ukiah Valley Conference Center, with the Northern California Redwood and North Bay Regions of the League of California Cities, the North Coast Railroad Authority Board, and other interested transportation bodies. He further advised that former Council members Schneiter and Shoemaker ·re meeting with new Counciimember Kelly to discuss the Council appointments on vadous local boards and commissions. Councilmember Kelly stated she wanted to acknowledge that the Uki·h Community center received a commitment of $25,000 a year for four years from the County Board of Supervisors. She further advised there will be a forum regarding a proposed skateboard perk at 7:00 p.m. on Tuesday, January 21, 1997, in the Ukish High School cafetodum. She recommended scheduling a financial workshop for the entire Council, ·nd adding a review of the City's finances as a regular monthly agenda item. City Manager Horeley requested that staff be apprised of the questions Council wished to ask regarding the finances, so the answers could be researched ·nd staff prepared for the Council's discussion at · meeting. 12. CITY MANAGER/DEPARTMENT HF_~.D REPORT~, City Manager Homley distributed the Council/Committee A~signments list ·nd suggested the Council wait until the new Councilmember wes seated before making the various appointments. · upervisor, elect Shoemaker was recognized at the podium, end offered his congratulations to the new Council. He stated that as Supervisor of the 2nd District, he hopes to have · working relationship with the Council as no other supervisor has had in this area. He has enjoyed serving on the Council, and has great faith that these individuals will do ·n excellent job. 13. CLOSED SESSION No ciosed session was held. Regular Meeting - December 4,1~6 Page S 14. ~d~JOURNMENT M/S M~lorm/Ma~tin to ~ljoum the regular meeting of ~r 4, 1996 carried by ~n all AYE voice vote of the Councilmembers present. There being no further business, the meeting was adjourned It 7:52 p.m. to the regular adjourned meeting scheduled for December 18, 1996. b:cc120496.min Marge Giuntoli, City Clerk Regular Meeting. December 4,1~6 Pega 6 CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 December 18, 1996 6:30 p.m. 1. Roll Call 2. Invocation/Pledge of Allegiance 3. Special Order of Business a. Proclamation Supporting the January 19, 1997 Martin Luther King Day Events b. Status Report on the Mendocino Transit Authority Intermodal Transportation Center Planning Efforts 4. Approval of Minutes - Regular Meeting - December 4, 1996 . RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure which generally limits to ninety (90) days the time within which the decision of the City Boards and Agencies may be judicially challenged. , CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Report of Disbursements for the Month of November b. Cancellation of Regular City Council Meeting of January 1, 1997 c. Accept Work Performed by Ferranti Construction and Authorize the City Clerk to File a Notice of Completion for the Leachate Piping Improvements at the Ukiah Municipal Landfill, Specification No. 96-14 d. Accept Resignation of Phillip Ashiku from the Ukiah Planning Commission and Authorize the City Clerk to Advertise for Applications e. Award of 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 f. Award of Bid to Rinehart Oil, Inc. for the Supply of Petroleum Products for the City Garage . . AUDIENCE COMMENTS ON NON-AGENDA ITEM~ The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. Any member of the public who desires to address the Council on any item that is to be discussed by the Council at this meeting, should advise the Mayor when the item is announced and they will then be given an opportunity to comment. PUBLIC HEARING - 7:00 P.M a. Adoption of Final Draft of AB939 Mendocino County Siting Element Prepared by Mendocino Solid Waste Management Authority 8.5 PETITIONS AND COMMUNICATIONS a. Request for Reconsideration of the Award of Contract to Provide Services for the City of Ukiah's Yardwaste and Woodwaste Diversion Program 9. UNFINISHED BUSINESS a. Adoption of Ordinance Amending the City Zoning Map to Rezone 28 Lots in the East Side Rezoning Area b. Approve Development of a Special Agreement with Mendocino Brewing Company Under Ukiah Municipal Code Section 3706.7(i) Relative to the Characteristics of their Waste System c. Consideration of Proposal by Parking and Business Improvement District Advisory Board for Disbursement of District Funds for 1997 10.NEW BUSINESS a. Adopt Resolution Making Appointment of City Clerk to Fill the Term Expiring November 2000 b. Introduction of Ordinance Amending Section 7030 Relative to the Composition of the Traffic Engineering Committee c. Adopt Resolution Authorizing the Director of Public Safety to Determine Public Convenience and Necessity for Alcoholic Beverage Control Licenses d. Authorize Mayor to Execute an Agreement with Kennedy/Jenks Consultants for the Preparation of the City's 1995 Urban Water Management Plan, in an Amount Not to Exceed $15,000 e. Approval of New Department and Budget Amendment for Abatement of Abandoned Vehicles f. Selection and Appointment of Vice Mayor 11. 12. 13. 14. CITY COUNCIL/REPORTS CITY MANAGER/DEPARTMENT HEAD REPORTS CLOSED SESSION (None) ADJOURNMENT ITEM NO. 3a DATE: DECEMBER 18, 1996 AGENDA SUMMARY REPORT SUBJECT: SPECIAL ORDER OF BUSINESS - PROCLAMATION SUPPORTING THE JANUARY 19, 1997 MARTIN LUTHER KING DAY EVENTS On January 19, 1997 the fourth annual local celebration of Martin Luther King Day will be held. The City has supported this effort in the past, and a proclamation of the observance is only one, of several ways, we continue to participate in this event. Since the next Council meeting will be only four days before the festivities, reading of the proclamation at this time is appropriate. Staff recommends that the Mayor read and present the proclamation. RECOMMENDED ACTION' Mayor read and present the proclamation. ALTERNATIVE COUNCIL POLICY OPTIONS' 1. Modify the proclamation as desired and Mayor read revised proclamation. 2. Mayor not read the proclamation. 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 Martin Luther King Day Celebration Committee Michael F. Harris, AICP, Assistant City Manager Candace Horsley, City Manager 1. Proclamation. AP P ROVE D :', _~;"\'~~~ ,.~ Candace Horsley,-Ci~ mfh:asrcc ~ 121896PROCLAMATION Manager January 19, 1997 will be Ukiah's fourth annual observance of Dr. Martin Luther King day; and This event was established in Ukiah in 1994 to promote human harmony, and encourage the elimination of prejudice and discrimination of all people; and Racism continues to be a challenging social issue confronting America today; and Dr. King had a vision and devoted his life to bringing about human unity; and We are all responsible for the achievement of racial peace, equality, and unity in this Nation {f we are to make Dr. King's dream a reality. NOW, THEREFORE, I, Sheridan Malone, Mayor of the City of Ukiah, on behalf of my fellow City Councilmembers, Jim Mastin, Kristy Kelly, and Phillip Ashiku, do hereby officially recognize the special observance of Dr. Martin Luther King's birthday that is being planned by a local citizens committee, and enthusiastically offers its support of MARTIN Li)THER KING DAY EVEN'I being held at the Seventh Day Adventist Church on January 19, 1997, at 5:30 p.m., and urge all citizens to actively participate in the scheduled activities and programs to honor the memory and ' ' · · szgnificant contributions of this outstanding human being. Sheridan Malone, Mayor ITEM NO. 6a DATE December 18, 1996 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF NOVEMBER 1996 Payments made during the month of November 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: 92306-92379, 92531-92621, 92623-92703, 92850-92927, 77427-77431 Payroll check numbers: 92300-92305, 92381-92530, 92622, 92704-92849 Direct Deposit numbers: 487-587 Void check numbers: 92380 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 November 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 Candace Horsley, City M~nager AGENDA.WPD/krs CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF NOVEMBER 1996 Demand Payments approved: Check No. 92306-92379, 92531-92621, 92623-92703, 92850-92927, 77427-77431 FUNDS: 1 O0 General Fund 997,086.68 661 120 Capital Improvement 663 150 Civic Center Fund 911,998.64 665 141 Museum Grants 670 142 National Science Foundation 9893.00 675 200 Asset Seizure Fund 678 201 Asset Seizure (Drug/Alcohol) 92,000.00 679 220 Parking Dist. Rev. Fund 9471.39 693 260 Downtown Business Improv. 695 300 Gas Tax 696 301 Gas Tax Fund (2107) 946.12 697 303 2105 Gas Tax Fund 9439.00 698 332 Federal Emergency Grant 916,138.50 800 334 EDBG 94-333 Revolving Loan 805 405 Youth Services Ukiah 820 410 Conference Center Fund 92,341.30 920 550 Lake Mendocino Bond 910 575 Garage 98,019.46 900 600 Airport 932,029.13 940 618 Flood Damages 950 611 Sewer Construction Fund 960 612 City/District Sewer 927,986.50 962 610 Sewer Service Fund 965 640 San Dist Revolving Fund 966 660 Sanit. Disp. Site 972,520.37 555 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 92300-92305, 92381-92530 DIRECT DEPOSIT NUMBERS 487-534 PAYROLL PERIOD 10/20/96-11/02/96 PAYROLL CHECK NUMBERS 92622, 92704-92849 DIRECT DEPOSIT NUMBERS 535-587 PAYROLL PERIOD 11/3/96-11/16/96 TOTAL DEMAND PAYMENTS TOTAL PAYROLL DED, CHECKS TOTAL PAYROLL CHECKS TOTAL DIRECT DEPOSIT TOTAL PAYMENTS VOID CHECK NUMBERS 92380 941,076.93 9599.95 9130,298.59 9899.36 9652.70 977,729.09 99,335.92 98,609.74 99,999.01 9561,486.47 912,240.29 959,455.40 913,360.17 9118,688.93 92,030.96 9259,272.73 9289,715.19 91,867,421.52 9152,222.88 9251,817.60 9100,461.26 92,371,923.26 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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M oo ~ M~ OM 0 o ~0 ~ ~oo oo o ~ .M 0 ,MM ~0 M 0 O. 0 ..... 0 ~ 0 MO O0 ~ 0 , 0, ,. , 0 0 0 O0 O0 0 0 0 0 0 O0 O0 0 0 ~ 0 0 O0 O0 0 0 , . . OH~ ©© ©© O0 ©© , , ©© , o o~ ~~OOO~ 0 ~~ooo C ~oooo~oo ~ ... ~OOOOO~ OMOOOOOO C oooooooo ~ OOOOOOOO MOOOOOOO HH OO I 6JO (D O(D O OO I 1 oo O0 00000 0 00o 0 oo o 00o O0 o 0 oo o 0 ooo ooooo o ooo o oo o ooo oo o o oo o o ooo 0o000 o ooo o OO o ooo oo o 0 oo o 0 ooo 00oo000o oooooooo o0ooo0oo 08 ~o H m 0 [~ o 0 o H [~ n ~ b~ U Ht~t4 2' [~H~ ~ H- OHOHO0 ~ e o~o~0o ~ o~o~Ho ~o~oo~ ~ oooo~ 0 ~OO ~ OOOOOO ~ OOOOOO ooHooo o o o o o o O o o o o o o o o o 0 0 0 0 0 0 0 0 O0 o oo o O0 o 0 I ~ < O ~H o00ooo ~ C oooooo H X 00ooo0 ~ H 0 0 ~ o 0 t~ , o 0 0 0 ITEM NO. 6b DATE: December 18, 1996 AGENDA SUMMARY REPORT SUBJECT: CANCELLATION OF REGULAR CITY COUNCIL MEETING OF JANUARY 1, 1997 City Staff is requesting Council's cancellation of the January 1, 1997 City Council meeting, due to the legal holiday. The cancellation of this meeting will not impact any pending business before the City. The next regular meeting will be January 15, 1997. RECOMMENDED ACTION: City Council cancel Regular City Council meeting of January 1, 1997. ALTERNATIVE COUNCIL POLICY OPTIONS: . Do not cancel Regular City Council Meeting of January 1, 1997. Determine alternate date in January to conduct a second City Council meeting. Acct. No. (if NOT budgeted): N/A Acct. No.' Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by' Prepared by: Candace Horsley, City Manager Attachments: 1. None. Candace Horsley, City, Manager 4/Can/ASRCanc. 197 AGENDA SUMMARY ITEM NO. DATE: 6c DECEMBER 18, 1996 REPORT SUBJECT: ACCEPT THE WORK PERFORMED BY FERRANTI CONSTRUCTION AND AUTHORIZE THE CITY CLERK TO FILE A NOTICE OF COMPLETION FOR THE LEACHATE PIPING IMPROVEMENTS AT THE UKIAH MUNICIPAL LANDFILL, SPECIFICATION NO. 96-14 On September 18,1996 the City Council awarded a unit price contract to Ferranti Construction in the amount of $99,807.00 for leachate piping at the City's Landfill. The work of the contract was completed on Nov 15, 1996, in substantial conformance with the approved plans, specifications and four Contract Change Orders. The total contract cost of the base contract before change orders was $97,485.00. This amount is based on actual measurements of the CONTINUED ON PAGE 2 RECOMMENDED ACTION: 1. City Council accept the work as complete, and direct the City Clerk to file the Notice of Completion with the County Recorder for Construction of LEACHATE PIPING IMPROVEMENTS, SPECIFICATION NO. 96-14. 2. Authorize the expenditure of the additional $65.93 to facilitate payment of the final contract amount of $107,554.80 for LEACHATE PIPING IMPROVEMENTS, SPECIFICATION NO. 96-14. ALTERNATIVE COUNCIL POLICY OPTIONS: None Acct. No. (if NOT budgeted): Acct. No.: 660-7301-250-011 Appropriation Requested: N/A (If Budgeted) Citizen Advised: N/A Requested by: Rick H Kennedy, Director of Public Works/City En~gineer ~ Prepared by: Larry J'. Woods, Senior Civil Engineer 463-6284c/~/~ Coordinated with: Candace Horsley, City Manager Rick H. Kennedy, Director of Public Works/City Engineer Attachments: 1. Notice of Completion 2. Progress Payment No. 3 - Semi-final 3. Agenda Summary Report #5b, Nov. 6, 1996 APPROVED: Candace Horsley, Cityl~lanager CONTINUED FROM PAGE 1 contract items completed. Four change orders were issued for an estimated total of $9,130.00. A major portion of the change order work issued to Ferranti was to be incorporated into Phase II of the project (Leachate Booster Station). The estimated cost of change order work was within the limit of 10% of the original contract sum, as authorized for routine change orders by Policy Resolution Number 13. However, based on actual measurements of the change order items completed, the total cost of change order work was $10,063.00. This amount exceeds the 10% limit for routine change orders by an amount of $65.93. The total of all contract costs, including both base cost and change order cost, was $107,548.00. Authorization for the expenditure of the amount over the 10% limit for change orders ($65.93) is requested. The Final Payment of the 10% retention, in the amount of $10,754.80, will be made to the Contractor 30-days after the Notice of Completion is filed with the County Recorder. The total approved revised budget amount for this Phase I, and Phase II which has been awarded to Stiles Construction, is $345,235.00. Actual costs should remain within that approved total. Staff's Agenda Summary Report submitted to Council on Nov. 6, 1996 is submitted for information and background purposes. Staff recommends acceptance of the work, filing of the Notice of Completion, and authorization of the additional funds for final payment. Please return to: CITY OF UKIAH 300 Seminary Avenue Ukiah, California 95482 (707) 463-6200 NOTICE IS HEREBY GIVEN: NOTICE OF COMPLETION o That the real property described is owned by the following whose address or addresses are: City of Ukiah, a Municipal Corporation 300 Seminary Avenue, Ukiah, California 95482 . That the nature of the title to the LEACHATE PIPING IMPROVEMENTS, SPECIFICATION NO. 96-14, of all said owners is that of fee simple. 3. That on the day of November 15,1996, the Contractor was actually completed. , That the name and address of the Contractor is FERRANTI CONSTRUCTION, P. O. BOX 259, Redwood Valley, CA 95470 o That the real property herein referred to is situated in the County of Mendocino, State of California, and is described as City-owned property located at 3100 Vichy Springs Road, Ukiah, CA 95482. CITY OF UKIAH, a Municipal Corporation BY: CITY CLERK STATE OF CALIFORNIA) COUNTY OF MENDOCINO) MARGE G1UNTOLI, being duly sworn says: That she is the Clerk of the City of Ukiah City Council, that she has read the foregoing Notice of Completion and knows that content thereof and the same is true of her own knowledge. MARGE GIUNTOLI, City Clerk Subscribed and sworn to before me this day of , 1996. Notary Public in and for the County of Mendocino, State of California c:\projects\land fill\leachate, pip\noti-com.wpd CITY OF UKIAH, ENGINEERING DIVISION PROGRESS PAYMENT NO. 3 - SEMI-FINAL LEACHATE PIPING IMPROVEMENTS SPECIFICATION NO. 96-14 CONTRACTOR: FERRANTI CONSTRUCTION PURCHASE ORD 28490 P.O. BOX 259 ACCOUNT NO. 660-7301-250-011 REDWOOD VALLEY, CA 95470 WORK COMPLETED AS OF 11/15/96 BID ACTUAL ITEM NO. QUANTITY UNIT DESCRIPTION % COMPLETE QUANTITY UNIT PRICE AMOUNT 1 I LS SURVEYING I00 1 $8,038.00 $8,038.00 2 I LS TESTING AND QUALITY CONTROL 35 0.35 $2,032.00 $720.00 3 5580 +420 LF 4" PVC PIPE 100 5997 $11.00 $65,967.00 4 90 +50 LIt 6" PVC PIPE 100 140 $14.00 $1,960.00 5 10 + 75 LF 10" PVC PIPE 100 95 $26.00 $2,470.00 6 95 + 35 LF 12" PVC PIPE I00 122 $38.00 $4,636.00 7 3 + 1 EACH 4" GATE VALVE 100 4 $360.00 $1,440.00 8 2 EACH 6" GATE VALVE 100 2 $460.00 $920.00 9 1 EACH 10" GATE VALVE 100 I $760.00 $760.00 10 2 EACH 12" GATE VALVE 100 2 $890.00 $1,780.00 11 2 EACH AIR RELEASE VALVES 100 2 $1,130.00 $2,260.00 12 3 EACH MANHOLES 100 3 $5,209.00 $15,627.00 13 I LS CITY MANHOLE TIE-IN 100 1 $800.00 $800.00 (1) Increase in estimate of quantifies by reason CCO g 1 or CCO g 3 TOTAL BASE CONTRACT COMPLETED CCO g 1 O 100% of Item gl Portion CCO g 2 O 100% 3 ~ $450.00 CCO g 3 ~ 100% of Item g 2 Portion CCO g 4 ~ 100% TOTAL WORK COMPLETED LESS 10 % RETENTION SUB-TOTAL LESS PREVIOUS PAYMENTS TOTAL AMOUNT DUE THIS PAYMENT $107,378.00 ($1,260.00) $1,350.00 $750.00 ($670.00) $107,548.00 ($10,754.80) $96,793.20 $95,240.70 $1,552.50 Rick Sands ENGINEERING ASSOCIATE RE~NDED FOR PAYMENT: Larry J. Woods SENIOR CIVIL ENGINEER DATE DEPARTMENT APPROVAL: Rick H. Kennedy DATE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER C:\PROJECTS\LANDFILL\LEACHATE.PIP~PROGPAY3.XLS ITEM NO. qh DATE: NOVEMBER 6. 19~ SUBJECT: AGENDA SUMMARY R~EPORT AWARD CONTRACT TO STILES CONSTRUCTION FOR THE CONSTRUCTION OF LEACHATE BOOSTER STATION IMPROVEMENTS AT THE UKIAH LANDFILL, SPECIFICATION NO. 96-17, IN THE AMOUNT OF $136,960 AND AU2~O~ZE THE TRANSFER OF FUNDS WITHIN THE LANDFILL BUDGET ACCOUNT NO. 660-7301-250 In response to the City's Notice Inviting Bids dated October 2, 1996, the City Clerk received and opened four (4) sealed bid proposals on October 30,1996, for the Construction of Leachate Booster Station Improvements at the Ukiah Landfill. The lowest responsible bidder is Stiles Construction of Windsor, California, with a total bid amount of $136,960. The Engineers cost estimate is $122,000. Bid summary results are provided on the attached Bid Tabulation sheet. The Leachate Booster Station Improvements project is the second phase of the Alternative Leachate Containment System required to be installed at the Landfill by the Regional Water Quality Control Board. The System Plan was approved by the City Council on July 17, 1996. Funds for the complete system were budgeted under the Landfill Account No. 660-7301-250- 011, "Reconstruct Leachate Pond", in the amount of $329,000. CONTINUED ON PAGE 2 RECOMMENDED ACTION: 1. Award the contract for the Leachate Booster Station Improvements at the Ukiah Landfill, Specification No. 96-17 to Stiles Construction in the amount of $136,960.00. Authorize the transfer of budgeted funds in the amount of $16,235 from budget account No. 660-7301-250-017 to 660-7301-250-011. ALTERNATIVE COUNCIL POLICY OPTIONS: None. Construction of the Alternative Leachate Containment System is required by order of the Regional Water Quality Control Board. Appropriation Requested: Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Budget Transfer Requested: $16,235.00 from N/A 660-7301-250-017 to 660-7301-250-011 Rick H. Kennedy, Director of Public Works/City Engineer,,- Rick H. Kennedy, Director of Public Works/City Engineer~"h Candace Horsley, City Manager 1. Bid Tabulation Sheet 2. Bid Proposal from Stiles Construction 3. Fiscal Year 1996/97 Budget Sheet Candace Horsl~ey, City- II :l'4..~t~lLL:klt Award of Contract to Stiles Construction for the Construction of Leachate Booster Station Improvements at the Ukiah Landfill, Specification No. 96-17 in the amount of $136,960 and authorize the transfer of funds within the Landfill budget Account No. 660-7301-250 November 6, 1996 Page 2 Phase I of the Project which involved the construction of the leachate force main and gravity line from the leachate ponds to the public sewer in Vichy Springs Road and the construction of the wet well and sedimentation basin was awarded to Fen'anti Construction on September 18, 1996, in the amount of $99,807. The work of Phase I is approximately 90 percent complete and three (3) change orders have been issued totaling an estimated cost of $9,800, bringing the total contract amount to $109,607. The work of Change Orders 1 and 3 included work that originally was to be included in Phase II. Phase II of the project is the last phase of the complete system. The work of this phase involves the installation of the at grade leachate storage tanks, pump installation for the wet well, booster pump installation for the storage tank, electrical work, and water level controls. Originally, Phase II work included the earthwork required to construct the tank pad and the reconfiguration and conversation of the existing primary and secondary unlined leachate ponds to an emergency overflow pond. Because of the approaching winter rains and the lateness in the bidding of Phase II work, it was necessary that the grading work be performed with in-house labor and equipment. The grading work was completed the week of September 23, 1996. As stated previously, the Alternative Leachate Containment System was budgeted at $329,000 which included construction, design, geotechnical services, surveying, permitting, construction administration and the extension of power by PG&E. To date the following dollar amounts have been either expended or encumbered: WORK DESCRIPTION CONTRACTOR/VENI~R AMOUNT Project Design Contract Boyle Engineering Corp. $36,000.00 Design Survey and Mapping Rau and Associates 7,200.00 Geotechnical Services Kleinfelder, Inc. 6,000.00 Power Line Extension PG&E 21,812.71 Extension Rule Liability PG&E (estimated) 1,900.00 Deposit for Preliminary Electric Design PG&E 2,000.00 Reproduction of Phase I Plans Blueprints Plus 280.00 Construction Survey and Compact Testing for Earthwork Rau and Associates Service Pole Installation Wipf Construction 4,000.00 Leachate Piping Improvements Ferranti Construction 99,807.00 Award of Contract to Stiles Construction for the Construction of Leachate Booster Station Improvement~ at the Ukiah Landfill, Spexification No. 96-17 in the amount of $136,960 and authorize the transfer of funds within the Landfill budg~ Account No. 660-7301-250 November 6, 1996 Page 3 WORK DESCRIPTION CCO No. 1 - Pipe Line Extensions Ferranti Construction CCO No. 2 - Check Valves Ferranti Construction CCO No. 3 - Pipe Line Extension Ferranti Construction Encroachment Permit Construction Review Services Reproduction of Phase II Plans CONTRACTO~VENDOR County of Mendocino Boyle Engineering Corp Blueprints Plus Amount Encumbered To-Date Project Budget Balance Remaining for Phase H Construction Proposed Award for Phase H Difference AMOUNT 2,720.00 1,350.00 5,730.00 125.00 7,000.00 ~50,00 $203,275.00 $329,000,00 $125,725.00 $136.900.00 $11,235.00 As indicated above, project costs would exceed the project budget by $11,235.00 with the award of Phase II work. Since this project must go forward, the Director of Public Works requests that the deficit amount of $11,235 plus an additional amount of $5,000 for potential change order work and contact item overruns be taken from project savings in Account No. 660-7301-250-017, the installation of the remaining five (5) gas monitoring wells. Because of a very competitive proposal from Lawrence and Associates, the remaining five (5) gas monitoring wells were installed at a price of $25,764 leaving a positive balance of $54,236 in this budget account. If awarded, compensation for the performance of the work will be based on unit prices bid for contract item quantities actually installed. Bid total are based on unit prices bid for contract items at estimated quantifies and, therefore, the actual total paid to the contractor may be lower or higher than the bid total indicated. It: I ~..Al~l:lLL:kk ITEM NO. 6d DATE: December 18, 1996 AGENDA SUMMARY REPORT SUBJECT: ACCEPTANCE OF RESIGNATION OF PLANNING COMMISSIONER PHILLIP ASHIKU AND AUTHORIZATION FOR CITY CLERK TO ADVERTISE VACANCY SUMMARY: At the regularly scheduled Planning Commission meeting of November 13, 1996, Chairman Phillip Ashiku verbally tendered his resignation from the Planning Commission, and on December 8 he verified this action in writing. Dr. Ashiku's resignation was predicated on his recent election to the Ukiah City Council. Accordingly, the City Council must now accept the subject resignation, and authorize the City Clerk to advertise the vacancy with the intent of expediently establishing an active list of candidates for Council's consideration and appointment. Commissioner Ashiku's present term expires on June 30, 1998, and the new appointee may serve until June 30, 2004. RECOMMENDED ACTION: Accept Planning Commissioner Ashiku's resignation, and authorize the City Clerk to advertise this vacancy. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Mike Harris, Assistant City Manager Prepared by: Robert Sawyer, Planning Director Coordinated with: Candace Horsley, City Manager and Mike Harris, Assistant City Manager Attachments: Letter of Resignation App ROVE D. ~ ,~'~,~¢~..~~_.~ Candace Horsley, City ~anager 12/10/1B% 0B'5B 7074620486 ELIZABETH ASHIKU DDS PAGE 01 As of December 8, 1996, I, Phillip Ashiku, to hereby resign my position on the Ukiah City Planning Commission. Item No. 6e, Date: December 18. 1996 AGENDA SUMMARY REPORT SUBJECT: Award bid for High Voltage Line Clearing and Tree Trimming at Various Locations within the City of Ukiah to Family Tree Service in an Amount not to Exceed $11,000. REPORT' A request for bids was solicited from nine (9) companies to perform tree trimming around high voltage power lines at various locations within the City of Ukiah. Bids were received from only two (2) companies on November 19, 1996. Bids were based on an hourly rate for a three person crew. Following is a summary of the bid responses: Family Tree Service Marvins Garden Davey Tree Surgery Landscape West Inc. Lake Tree Design Timberline Tree North Coast Tree Care Timber Lake Tree Reliable Tree Experts $80.00 per hour $84.00 per hour NO BID NO BID NO BID NO BID NO BID NO BID NO BID All bids were under the budgeted amount of $100.00 per hour. Family Tree has provided all required documentation to verify high voltage line clearing experience as required in the request for bid. The appropriate insurance will be provided prior to contract execution. Therefore, staff recommends that the bid be awarded to Family Tree Service in an amount not to exceed $11,000. Funds for this work have been budgeted in account 800-3728-250. RECOMMENDED ACTION: Award bid for High Voltage Line Clearing and Tree Trimming at Various Locations within the City of Ukiah to Family Tree Service in an Amount not to Exceed $11,000. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject Recommendation and Define Alternative. Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Coordinated with: Candace Horsley, City Manager Attachments: None APP ROVE .I],~~"~~ '~~L~,~J_,./I Candace Horsley, City ~,anager ITEM NO. 6f. DATE: December 18, 1996 AGENDA SUMMARY REPORT SUBJECT: AWARD OF BID TO RINEHART OIL, INC. FOR THE SUPPLY OF PETROLEUM PRODUCTS FOR CITY GARAGE SUMMARY: The City distributed bid documents to 5 petroleum jobbers. The City publicly advertised this bid on December 1 and 6 , 1996 in the Ukiah Daily Journal. Two sealed proposals were received and opened by the City Clerk on December 11, 1996. The lowest responsive, responsible bidder is Rinehart Oil, Inc. of Ukiah, California with a total bid of $25,974.02. The bid package indicates an estimated quantity for each of three petroleum products for the remainder of the fiscal year, approximately 6.5 months. The price of fuel purchased under this bid will fluctuate based on the average fuel rate per gallon as listed in the Oil Price Information Service (OPIS) for the San Francisco region. The OPIS rates for the week of November 21, 1996 were used as base prices for bidding purposes. The dealer's markup will not change throughout the duration of the contract. Please refer to the attached bid tabulation (which does not include taxes) for a comparison of the bids. Continued on Page 2 RECOMMENDED ACTION: Award the bid to Rinehart Oil, Inc. to provide fuel products to the City for the remaining portion of the fiscal year. The estimated dollar amount of the fuel purchase is $25,974.02. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject all bids and direct staff to re-advertise bids. Acct. No. (if NOT budgeted): N/A Acct. No.: 575-5801-450-000 Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: Rick Kennedy, Director of Public Works/City En_gipeer ~,~ Prepared by: Rick Seanor, Deputy Director of Public Works ~)~/k~ Coordinated with: Candace Horsley, City Manager' ¥""~1 Rick Kennedy, Director of Public Works/City Engineer Attachments: 1. Bid Tabulation Sheet; 2. Fiscal Year 1996/1997 Budget Sheet RJS:AGFUEL.SUM Candace Horsley, Cit~ Manager Page 2 December 18, 1996 Award of Bid to Rinehart Oil, Inc. For the Supply of Petroleum Products for City Garage The City is currently planning to remove its underground fuel storage tanks at the Corporation Yard. As such, a request for proposals for purchase of fuel through a fuel vendor's card lock system has been prepared. Bidders were advised of this situation in the bid documents and therefore the fuel purchase through this bid may only be up to the transition time for the fuel card lock system. At this time of year it is essential to maintain the tanks at a half-full level due to high groundwater levels. The bid quantities of petroleum products (fuel only) are estimated amounts needed for the remaining 6.5 months of the fiscal year. The bid tabulation does not include state excise tax nor local sales tax. CITY OF UKIAH I I I I BID TABULATION FOR SUPPLY OF PETROLEUM PRODUCTS FOR CITY GARAGE Prepared By: Rick Seanor J Date & Time Printed: 12/11/96 15:21 Estimated OPIS Dealer's Total Total Cost Petroleum Quantity price per Mark-up Cost Jobber Product (gallons) gallon per gallon per gallon Redwood Oil Co. Diesel 11,000 0.6919 0.0482. 0.7401 $8,141.10 Redwood Oil Co. Unleaded (87 Octane) 21,000 0.6420 0.0462 0.6882 $14,452.20 Redwood Oil Co. Unleaded (89 Octane) 5,200 0.6881 0.0462 0.7343 $3,818.36 TOTAL BID $26,411.66 Rinehart Oil, Inc. Diesel 11,000 0.6919 0.047 0.7389 $8,127.90 Rinehart Oil, Inc. Unleaded (87 Octane) 21,000 0.6420 0.03 0.672 $14,112.00 Rinehart Oil, Inc. Unleaded (89 Octane) 5,200 0.6881 0.03 0.7181 $3,734.12 TOTAL BID $25,974.02 3/t ITEM NO. DATE: DECEMBER 18, 1996 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION APPROVING FINAL DRAFT AB 939 "MENDOCINO COUNTY SITING ELEMENT" PREPARED BY MENDOCINO SOLID WASTE MANAGEMENT AUTHORITY 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 Nondisposal Facility Element. A copy of the Siting Element is attached as Exhibit B. CONTINUED ON PAGE 2 RECOMMENDED ACTION: The City Council conduct the public hearing on the Siting Element; accept input from citizens and Council members; adopt the resolution approving the Siting Element and establishing 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. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Continue the public hearing. 2. Refer the Siting Element back to the MSWMA. 3. Make modifications and conduct another public hearing after document is amended. Appropriation Requested: N/A Citizen Advised: N/A Requested by: Mike Sweeney, Manager, MSWMA Prepared by: Sue Goodrick, Compliance/Customer Service Officer '5 ~ Coordinated with: Candace Horsley, City Manager Attachments: Exhibit A - Draft Resolution Adopting Siting Element Exhibit B - Siting Element Exhibit C - MSWMA "Question and Answer" Flyer Exhibit D - City of Ukiah Council Meeting Minutes of August 21, 1996 Exhibit E - LTF comments on Final Draft Siting Element Exhibit F - State Siting Element Regulations Candace Horsley, City Manag~ B:COMPLIANC~ OFFICER ~ Adoption of F'mal Draft AB 939 "Mendocino County Siting Element" Prepared by Mendocino Solid Waste Management Authority December 18, 1996 Page 2 BACKGROUND - PRELIMINARY DRAFT SITING EI.EMENT The Preliminary Draft Siting Element was prepared by the Mendocino Solid Waste Management Authority (MSWMA) on behalf of Mendocino County. A "Questions and Answers" flyer explaining the MSWMA and its purpose is attached as Exhibit C. The Preliminary Draft Siting Element was noticed, a public hearing held, and the draft element approved by the MSWMA Board on July 17, 1996. Copies of the initial draft were distributed to participating jurisdictions on July 18, 1996. Th6 AB 939 Local Task Force (LTF) completed its review of the Preliminary Draft Siting Element at its July 25, 1996 meeting. The LTF's comments were submitted to the California Integrated Waste Management Board (CIWMB), as required and the revised draft incorporating the LTF's comments forwarded to each of the participating jurisdictions. OVERVIEW OF CITY COMMENTS ON PRELIMINARY DRAFT SITING ELEMENT Upon review of the Preliminary Draft Siting Element at the August 21, 1996 City Council meeting, comments were returned to the MSWMA. Those comments and MSWMA's response to those comments are identified below. A copy of the letter to the MSWMA from the City Council and the meeting minutes are attached as Exhibit D. Page 4, Table 2. Comment: The City Council suggested that the funding source for the Leggett transfer station be described as "permitted hauler" or "franchise/permitted" hauler. Response: MSWMA did not change the wording as suggested by the Ukiah City Council because it was anticipated that the hauler would, in the very near future, be "franchised". Final agreements between the County and hauler are in process. Page 4, Table 2. Comment: The City Council recommended that the South Coast Landfill "implementation date" give a more detailed explanation than "undetermined" as is currently written. Response: This recommendation was made on page 1, Table 1 with an asterisk stating: *official projected closure date is 2026, but County may seek earlier closure if possible. Page 5, Table 3. Comment: Since the SRRE tonnage projections were made a few years ago, the Council recommended that the disposal tonnage should be revised Adoption of lCrmal Draft AB 939 "Mendocino County Siting Element" Prepared by Mendocino Solid Waste Management Authority December 18, 1996 Page 3 Page 8, Item 7. to reflect the most recent estimates. Response: Since the CIWMB had already accepted the tonnage projections identified in the SRRE, and additional information had not been given to the State to justify a revision to the initial projections, the Siting Element could not be used as a basis for making such an adjustment. Comment: "Local Landfill Expansion Options". Ukiah landfill acreage currently landfilled is 40 acres not 80. Response: This has been revised to reflect accurate acreage. FINAL DRAFT SITING ELEMENT The MSWMA revised the Preliminary Draft Siting Element taking into consideration all comments made by the participating jurisdictions, and produced a Final Draft. The MSWMA then sent the Final Draft Siting Element to the LTF for review and comment. On October 30, 1996, the LTF met and determined that the document was adequate, submitting their written comments to the MSWMA and CIWMB. A copy of those comments and the comments made on the Preliminary Draft Siting Element are attached as Exhibit E. A public hearing is now required by each participating jurisdiction to allow comments from the public and members of the governing body on the Final Draft. After considering all comments regarding the Final Draft Siting Element, the City is to, by resolution, approve and establish it as a part of the City of Ukiah's Solid Waste Management Plan. The City does have the option of disapproving the Siting Element. Exhibit A is a draft resolution approving the Final Draft Siting Element. A copy of the resolution approving or disapproving the Siting Element will be given to the MSWMA for submittal to the CIWMB, along with the document and resolutions from the other participating jurisdictions. Final adoption of the Siting Element requires approval by the Board of Supervisors and a majority of the cities containing a majority of the population of the incorporated areas. The specific state regulations for the preparation and review of the Siting Element are defined in Exhibit F. Adoption of F'mal Draft AB 939 "Mendocino County Siting Element" Prepared by Mendocino Solid Waste Management Authority December 18, 1996 Page 4 The County of Mendocino Board of Supervisors held a public hearing and approved the Siting Element on December 3, 1996. The Fort Bragg City Council held a public hearing and approved the Siting Element on December 9, 1996. Willits' public hearing on the Siting Element is scheduled for January 8, 1997. The Notice of Public Hearing for adoption of the Siting Element was published in the Ukiah Daily Journal on Wednesday, November 13, 1996, thirty days' prior to the meeting, as required by law. The document has been available for public review in the office of the City Clerk. Mike Sweeney, Manager for the Mendocino Solid Waste Management Authority, will be present at the December 18, 1996 City Council meeting to answer any questions about the Siting Element and its development. Staff recommends adoption of the resolution approving the Siting Elemenlx B:COMPLIAN(~ OPFICER S1TINGF_&.WPD EXHIBIT A 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 RF~OLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING AND ADOPTING THE FINAL DRAFT SITING ELEMENT FOR MENDOCINO COUNTY WHEREAS, the Public Resources Code of the State of California requires each county to prepare and adopt a Siting Element that states how solid waste will be disposed of in the future; and WHEREAS, a preliminary draft and final draft Siting Element was prepared on behalf of the County of Mendocino by the Mendocino Solid Waste Management Authority, and submitted to the AB 939 Local Task Force for review; and WHEREAS, a Negative Declaration of Environmental Impact was prepared and approved for the Siting Element by the Mendocino Solid Waste Management Authority; and WHEREAS, the City Council for the City of Ukiah has conducted a public hearing to receive comment on the final draft of the Siting Element on December 18, 1996; NOW THEREFORE BE IT RESOLVED THAT THE City Council for the City of Ukiah approved the final draft of the Siting Element attached as Exhibit A and establishes it as a part of the City of Ukiah's Solid Waste Management Plan. /// III III III III I!1 III 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED this 18th day of December, 1996, by the following roll call vote: AYES: NOTES: ABSENT: ABSTAIN: ATTEST: Sheridan Malone Mayor Marge Giuntoli, City Clerk B:COMPLIANCE OFFICER SITINGEL.WPD EXHIBIT B Mendocino County Siting Element 1. Introduction Public Resources Code Section 41700-41721.5 requires each county to prepare a countywide Siting Element which identifies areas to be used for disposal capacity for solid waste which cannot be reduced, recycled, or composted. The Siting Element is intended to be a planning document which ensures that the need for future solid waste disposal will be met in an environmentally and fiscally sound manner. Following review by the Local Task Force and public hearings, the Siting Element must be approved by the County of Mendocino and a majority of the cities within the county that contain a majority of the population of the incorporated area [Public Resources Code Section 41721]. 2. Background Mendocino County covers a large geographical area and has a widely- dispersed population. Historically, the County used many small landfills for municipal solid waste. By 1995, there were only three landfills remaining in operation: Table 1--Mendocino County municipal landfills, 1995 Landfill Operator Annual tonnage of Projected closure solid waste date Willits City of Willits 19,000 1997 Ukiah City of Ukiah 25,000 1998-99 South Coast County of 1,150 undetermined* Mendocino * Official projected closure date is 2026, but County may seek earlier closure if possible. The Ukiah and South Coast landfills are operating on the "footprint" of previously-landfilled areas. The Willits landfill is operating on a 2.5 acre expansion FINAL DRAFT- SITING ELEMENT- PAGE 1 October 30, 1996 area with a Title 23, Chapter 15 liner that was constructed next to the older, unlined landfill. The need to secure additional disposal capacity has been recognized for many years. In 1990, the county and the three largest cities formed a joint powers agency known as the Mendocino Solid Waste Management Authority(MSWMA). One of its purposes was to address the disposal problem. In 1992, MSWMA commissioned Anderson Consulting Group to survey the entire county to identify and evaluate possible locations for new landfill development. After reviewing 450 sites, the study concluded in 1992 with a finding that construction of a new landfill, conforming to the latest federal and state regulations, would be most feasible at either the existing 282-acre Ukiah landfill property, or at the Guntly Ranch near Potter Valley. Anderson Consulting Group also noted that capital costs of a new landfill would be high in comparison to the small Mendocino County wastestream. Since 1993, MSWMA has been investigating the alternative of export of solid waste to some larger, out-of-county landfill. 3. Goals & Policies Mendocino County seeks to minimize the amount of solid waste which requires disposal, and has set forth a strategy for achieving this in the Source Reduction & Recycling Element jointly adopted by the County of Mendocino and cities of Ukiah, Fort Bragg and Willits. Solid waste which does require disposal should be handled in the least costly method which complies with environmental regulations. There are six key factors which determine the choice of disposal system: (1) (2) (3) (4) (5) (6) the size of the county disposal wastestream the availability of in-county landfill sites the cost of in-county landfill development & operation the economics of long-haul transportation the availability of out-of-county landfill destinations the tipping fee at out-of-county landfill destinations As discussed further in this Siting Element, these factors currently weigh against new landfill development in Mendocino County. FINAL DRAFT- SITING ELEMENT- PAGE 2 October 30, 1996 The central policy of this Siting Element is that solid waste will be exported out of county following closure of the principal remaining landfill (Ukiah & Willits), which is projected to have occurred by 1998-99. A system of small-volume transfer stations and a large-volume transfer station will be completed to provide infrastructure for waste export. Proposals from out-of-county landfills will be sought to achieve the lowest cost. Small-volume self-haul transfer stations already exist at Albion, Boonville, Caspar, Covelo and Potter Valley. The hauler in the Fort Bragg area uses a modular collection vehicle that provides a short-to-medium range transfer capability. In order to implement the siting goals, additional infrastructure development is necessary. Mendocino County's local jurisdictions will cooperate to implement the policies listed in Table 2 below. FINAL DRAFT- SITING ELEMENT- PAGE 3 October 30, 1996 Table 2--Mendocino County Siting Policies I~pleme~tation Responsible Funding Sources Policy Date Agency Acquire site in Ukiah area for large-volume transfer 1996 MSWMA MSWMA surcharge station MSWMA borrowing Select site in Willits area for small-volume self-haul 1996 City of Willits franchise hauler transfer station Construct very small-volume transfer station at site of 1996 County of permitted hauler former Laytonville landfill in Mendocino conjunction with recycling center Cease landfilling at Willits landfill. Construct small- 1997 City of Willits franchise hauler volume self-haul transfer station in Willits area Construct very small-volume transfer station in Leggett in 1997 County of franchise hauler conjunction with recycling Mendocino center Receive proposals from solid waste operators for 1997 MSWMA MSWMA surcharge transportation & disposal of waste at out-of-county landfill Construct large-volume transfer station in Ukiah 1998 or 1999 MSWMA MSWMA borrowing area or solid waste operator's funds Cease landfilling at Ukiah landfill. Begin out-of-county 1998 or 1999 City of Ukiah, Tipping fee at waste export. MSWMA transfer station funds export cost Cease landfilling at South Coast landfill. Construct undetermined County of permitted hauler small-volume transfer Mendocino station and send waste to Ukiah transfer station or Annapolis transfer station, if available FINAL DRAFT- SITING ELEMENT- PAGE 4 October 30, 1996 5. Disposal Capacity Requirements The joint Source Reduction & Recycling Element of the Mendocino County jurisdictions made the following projections for solid waste disposal, assuming the recycling programs outlined in the Element were fully implemented: Table 3--Projected disposal tonnage from SRRE Year 1991 1992 1993 Disposal Tons 52,416 48,322 44,716 1994 4O,969 1995 37,34O 1996 36,012 1997 36,373 1998 36,718 1999 37,070 2000 37,717 2001 38,587 2002 39,285 2003 39,986 2004 40,722 2005 41,459 As of 1994, these goals had not been met. The estimated disposal for 1994 was 44,596 tons. A conservative estimate of disposal needs for the future would be 45,000 tons per year, based on the assumption that increased waste diversion efforts will balance the inherent growth of the wastestream due to population increase. Over a 15 year period, this equals 675,000 tons. As noted earlier, the Willits landfill will close in 1997 and the Ukiah landfill in 1998 or 1999. At that time, an export destination will be required for the entire'county wastestream, except for the relatively small volume landfilled at South Coast. Closure of the South Coast landfill could also occur in upcoming years, meaning that disposal capacity will have to be found for the entire county disposal wastestream. 6. Criteria for Establishing New or Expanded Solid' Waste Facilities FINAL DRAFT- SITING ELEMENT- PAGE 5 October 30, 1996 The 1993 landfill siting study by Anderson Consulting Group used basic criteria approved by MSWMA. These constitute the landfill siting criteria specified in Section 18756 of the California Code of Regulations for purposes of the Siting Element. These included: · Avoid floodplains. No siting within 100-year floodplain. · Earthquake faults. No siting within 200 feet of known Holocene fault. · Precipitation. No siting where annual rainfall exceeds 55 inches. · Biological resources. No siting in areas designated as Biological Reserve in County General Plan. · Cultural resources. No siting with 200 feet of archaeological resource site. · Airport proximity. No siting within 10,000 feet of airport with jet aircraft use. · Incompatible land use. No siting within California Coastal Commission land, incorporated city boundaries, or RR-1 or greater density zones. · Groundwater aquifer recharge. No siting on known acquifer recharge zone or area having groundwater within 5 feet of surface. · Depth to groundwater. Comparative evaluation of sites with greater depth to groundwater desired. · Groundwater usage. Comparative evaluation of sites with absence of nearby wells desired. · Water facility proximity. Comparative evaluation of sites with greater distance from water supply facilities desired. · Surface water runoff. Comparative evaluation of sites with less on-site surface runoff desired. · Precipitation. Comparative evaluation of sites with lower precipitation desired. · Floodplains buffer. Comparative evaluation of sites with greater separation to 100-year floodplains desired. · Permeability. Comparative evaluation of sites with lower soil permeability desired. · Faulting. Comparative evaluation of sites with greater distance from earthquake faulting desired. · Capacity. Comparative evaluation of sites with greater solid waste capacity desired. · Landslides. Comparative evaluation of sites with lower potential for landslides desired. FINAL DRAFT- SITING ELEMENT- PAGE 6 October 30, 1996 · Seismic impact. Comparative evaluation of sites with lower potential for ground acceleration from earthquake desired. · Topography. Comparative evaluation of sites with moderate slopes desired. · Natural setting. Comparative evaluation of sites with lack of undisturbed natural habitat desired. · Sensitive species. Comparative evaluation of sites with absence of rare, threatened, or endangered species desired. · Cultural resources. Comparative evaluation of sites with greater distance from cultural resource sites, archaeologically significant sites, or known sacred sites desired. · Nearby land uses. Comparative evaluation of sites with less sensitive land uses like range land or forest land desired. · Buffer areas. Comparative evaluation of sites with greater distance from closest residences desired. · Land ownership. Comparative evaluation of sites with greater ease in acquiring land deSired. · Land costs. Comparative evaluation of sites with lower potential land costs desired. · Supplemental water sources. Comparative evaluation of sites with presence of on-site water supply for operations desired. o · Telephone and electricity. Comparative evaluation of sites with access to telephone and electricity desired. · Existing road improvements. Comparative evaluation of sites with less need for improvement of existing access roads desired. · Bridges. Comparative evaluation of sites with less need for improvement of existing bridges on access routes desired. · Site access costs. Comparative evaluation of sites with lesser cost for new road access development desired. · Traffic. Comparative evaluation of sites, with lower number of intersections on access route between site and nearest highway and lesser potential for congestion desired. · Haul distance. Comparative evaluation of sites with closer proximity to major cities desired. · Access road gradient. Comparative evaluation of sites with lower access road gradient desired. FINAL DRAFT- SITING ELEMENT- PAGE 7 October 30, 1996 · Lighting & visibility. Comparative evaluation of sites with lack of visibility from nearest sensitive land use desired. · Noise. Comparative evaluation of sites with separation of 1,600 feet or more from nearest sensitive land use desired. · Emissions & dust. Comparative evaluation of sites with lesser impact on air quality desired. · Odor. Comparative evaluation of sites with absence of'sensitive receptors within 1 mile desired. The above criteria were presented at meetings of a locally-appointed technical advisory task force, at public workshops in Fort Bragg and Ukiah, and at noticed meetings of the Mendocino Solid Waste Management Authority. Written public comment was solicited, and accepted by the Board of Directors of the Mendocino Solid Waste Management Authority. 7. Local landfill expansion options The Anderson Consulting Group study, and the associated hearings and meetings, confirmed that siting a new landfill in Mendocino County would be difficult and costly. Anderson concluded its study by identifying two sites as most promising for' "construction of a new landfill: the Guntly Ranch near Potter Valley, and the surplus acreage on the existing 282-acre Ukiah landfill property, only 40 acres of which has been used for landfilling so far. Since 1993, part of the Guntly Ranch has been developed as a composting facility in the same area that was identified as a potential landfill site. The Ranch owners are unwilling to sell for landfill purposes. The City of Ukiah, owner of the Ukiah landfill property, has no plans to continue disposal operations there following closure of the historical landfill footprint. · 8. Options for waste export A strong competitive market has developed among regional landfills in northern California and nearby western states. MSWMA has identified the following landfills that may be possible export destinations for Mendocino County solid waste: FINAL DRAFT- SITING ELEMENT- PAGE 8 October 30, 1996 Table 4--Possible waste export destinations Facility Altamont landfill Anderson landfill Arlington landfill B&J landfill Butterfield Station landfill East Carbon City landfill Keller Canyon landfill LaPaz County landfill Lockwood Regional landfill Potrero Hills landfill Redwood landfill Location Livermore, CA Owner Waste Management Anderson, CA Gillam County, Oregon Waste Management Vacaville, CA Norcal Butterfield Station, AZ East Carbon City, UT Pittsburg, CA LaPaz County, AZ Republic Waste Industries Roosevelt, WA Roosevelt Regional landfill Yolo County landfill Yolo County, CA Waste Management East Carbon Development Corporation Browning-Ferris Industries County of LaPaz Disposal Services Story County, NV Suisun, CA Richmond Sanitary Novato, CA Sanifill Rabanco County of Yolo The advantage of these landfills results from economies of scale in operation that occur when 1,000 to 10,000 tons per day of solid waste are received. In addition, the landfills are generally sited in favorable terrain with Iow rainfall and abundant cover soil. By comparison, the total daily waste output of all of Mendocino County is only about an average of 170 tons per day for a 5-day week. Through the Mendocino Solid Waste Management Authority, a request for proposals will be issued to determine costs of transportation and disposal at all qualifying out-of-county landfills. By this competitive bidding process, the lowest cost of disposal for all Mendocino County waste will be achieved. 9. Transfer Station network To export Mendocino County's solid waste to an out-of-county landfill, a comprehensive transfer networks required. This is projected to include seven small volume transfer stations, one modular collection-transfer truck system, and one large- volume transfer station. A summary of the facilities appears in Table 5 below: FINAL DRAFT- SITING ELEMENT- PAGE 9 October 30, 1996 PROOF OF PUBLICATION STATE OF CALIFORNIA, COUNTY OF MENDO'CINO- I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of The Willits News, a .newspaper of general cir- culation, printed and published Every Wednesday and Friday in the City of Willits, California, County of Mendocino, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Mendocino, State of California, in the year 1903, Case Number 9150; that the notice of which the annexed is a printed co'py (set in type not smaller than non-pareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: ....... · , all in the year 19...q.~. ..... I certify (or declare) under penalty of perjury that the foregoing is true and correct. .Dated at Willits, California, this fl.q./.~..day This space is for County Clerk's Filing Stamp Proof of p'~lication of , · ...... ....... Paste Clipping of Notice SECURELY In This Space ' ?-? ~P.UBLiC}NO¥i'C'E' -PUBUC HEARING ^ public hearing will be held by the Board of Directors' of the Mendocino Solid Waste Management Authority on-July ]7, 1996 at 9 a.m. at the Willits City Council Chamber, 1 ] ! E:. Commercial .Street, Willits, Ca 95490, for the purpose of receiving public comment on the preparation of a Siting E:lement for Mendocino County pursuant to State Law ^B 939. " 6/14,/96 ·~ PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA COUNTY OF MENDOCINO I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of the Ukiah Daily Journal, a newspaper of general circulation, printed and published daily except Satur- day in the City of Ukiah0 County of Mendocino and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the Cotnty of Mendocino, State of California, under the date of September 22, 1952, Case Number'9267; that the notice, of which the annexed is a printed copy (set in type not smaller than non-pareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: I certify (or declare) under penalty of perjury that the foregoing is true and correct, Dated at'Ukiah, California, this I~) ' day of Signature This space is for the County Clerk's Filing Stamp . Proof of Publication of I "111 I NOTICE OF puBLIc HEARING ON NEGATIVE i DECLARATION Th~ Board of Directors of the. Mendocino Solid Waste Management Au- thority will hold a public hearing on October 16, 1996 at 9 a.m. at the Wil, lits Ci~ Hall, 111 E. Com- mercial Street, Willits, to consider adoption of Neg- ative Declaration of Envi- ronmental Impact for the Mendocino County Siting Element, a planning docu- ment required by A.B. 939. For'-'further Information;* call 707-468-9710 ':.-~-' ' 679-96 , 9/13/96 PROOF OF PUBLICATION NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PROJECT NAME Mendocino County Siting Element, a planning document required to be prepared pursuant to State Law A.D. 939. LEAD AGENCY Mendocino Solid Waste Management Authority, P.O. Box 123, Ukiah, CA 95482, (707) 468-9710. PROJECT DESCRIPTION Siting Element describes plan to phase out solid waste landfills and begin export of waste through one or more transfer stations to an existing remote landfill, not yet selected. The Siting Element is available for inspection at the Mendocino Solid Waste Management Authority, 101 West Church Street, #14, Ukiah, CA 95482. PROJECT EVALUATION Siting Element is primarily descriptive in nature and is not in itself a project that directly incorporates changes in the physical environment. Siting Element takes note of selection of site at 3401 N. State Street, Ukiah, for development of large-volume transfer station to serve as export depot for Mendocino County solid waste. An environmental impact report [SCH #95083015] was adopted and certified for that site by the Mendocino Solid Waste Management Authority on April 2, 1996, and the environmental impact report is incorporated by reference with this Negative Declaration pursuant to CCR Section 15150. ENVIRONMENTAL IMPACTS The Siting Element will have no significant adverse impact on the environment. INITIAL STUDY The recommended environmental checklist was reviewed and "No Impact" answers applied to all questions. Date: September 18, 1996 .~~~~~ ~ Michael E. Sweeney ~ General Manager Mendocino Solid Waste Management Authority California Department of Fish & Game Certificate of Fee Exemption De Minimis Impact Finding Project Title: Mendocino County Siting Element, a planning document required to be prepared pursuant to State Law A.B. 939 Project Description: Siting Element describes plan to phase out solid waste landfills and begin' export of waste through one or more transfer stations to an existing remote landfill, not yet selected. Finding of Exemption: The Mendocino Solid Waste Management Authority finds that an initial study has been conducted evaluating the potential for adverse inipacts and when considering the record as a whole there is no evidence before the Mendocino Solid Waste Management Authority that the proposed project will have potential for an adverse effect on wildlife resources or the habitat upon which wildlife depends. Therefore, the Mendocino Solid Waste Management Authority rebuts the presumption set forth in subdivision (d) of Section 753.5. Certification: I hereby certify that the public agency has made the above finding that ~h:.the project will not individually or cumulatively have an adverse effect on wildlife. resources as defined in Section 711.2 of the Fish and Game Code. · Micl~ael E. Swe96ey General Manager Mendocino Solid Waste Management Authority October 30, 1996 NOTICE OF DETERMINATION TO' County Clerk County of Mendocino 501 Low Gap Road Ukiah, CA 95482 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or Section 21152 of the Public Resources Code. PROJECT NAME Mendocino County Siting Element, a planning 'document required to be prepared pursuant to State Law A.B. 939. LEAD AGENCY Mendocino Solid Waste Management Authority, p.O. Box 123, Ukiah, CA 95482, (707) 468-9710. PROJECT LOCATION- Mendocino County PROJECT-DESCRIPTION · . Siting Element describes plan to phase out solid waste landfills and begin export of waste through one or more transfer stations to an existing remote landfill, not- yet selected. The Siting Element is available for inspection at the Mendocino Sol'id Waste Management Authority, 101 West Church Street, #14, Ukiah, CA 95482. This is to advise that the Mendocino Solid Waste Management Authority has approved the above described project on October 16, 1996 and has made the following determinations regarding the above described project' 1. The project will not have a significant effect on the environment. 2. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures were not made a condition of the approval of the project. 4. A Statement of Overriding Considerations was not adopted for this project. The Negative Declaration is attached. Michael E. Sweeney, Gen~'ral Manager" October 18, 1996 EXHIBIT C Mendocino Solid Waste Management Authority 300 $erninary Avenue Ukiah, CA 95482 April 16, 1992 Dear concerned citizen, The Mendocino Solid Waste Management Authority, Joint Powers Authority (JPA), has received and deserves a great deal of public attention. Many worthwhile questions have been raised about the MSWMA. There have also been some misconceptions about its structure and purposes. The enclosed "Questions & Answers about the Mendocino Solid Waste Management Authority" is our effort to provide the citizens of Mendocino County with accurate information on this subject. Together with the other members of the MSWMA board, I am available to provide any other information upon request. Sincerely, Richard Shoemaker Chairman A joint powers authority of the County of Mendoclno and the Cities of Uklah, Fort Bragg, and Willtts Some questions & answers about... The Mendocino Solid Waste Management Authority (solid waste JPA) 1. Why was this organization created? In recent years, solid waste disposal has become too big of a challenge for each of our cities and the county to approach separately. It made sense for these local governments to cooperate closely to advance certain goals, especially in providing disposal capacity for the future and in meeting the state- mandated AB 939 requirements for source reduction, recycling and composting. To bring about this cooperation, the four governments entered into a joint powers agreement in October, 1990 to create a new agency that would carry out certain specified functions on behalf of its members. It is called the Mendocino Solid Waste Management Authority (MSWMA). 2. How is the MSWMA governed? Each city council selects one of its members to represent it. The county board of supervisors selects one coastal supervisor and one inland supervisor. These five elected officials together comprise the governing board of the MSWMA. Each of the members of this board can be replaced by his or her city council or board of supervisors at any time. The current members of the governing board are: Liz Henry, supervisor, County of Mendocino. Nelson Redding, supervisor, County of Mendocino. Patricia Campbell, council member, City of Fort Bragg. Ed Scott, council member, City of Willits. Richard Shoemaker, council member, City of Ukiah. -1- 3. What is a "joint powers authority"? It's an agreement between local governments that allows them to establish programs of mutual benefit. There are many joint powers agreements in Mendocino County. One example is the Mendocino Transit Authority, which was formed by the county and three cities to own and operate our public transportation system. It's a simple and efficient way for local governments to get things done with a minimum of expense and bureaucracy. 4. Why not choose MSWMA board members by direct popular election? That would create an independent government entity that isn't accountable to the cities and the county (the agencies that currently hold responsibility for solid waste). Instead of cooperation, there would be competition between the new agency and the existing local governments over solid waste management. The cities, in particular, would not be willing at this time to give up any responsibility over solid waste to a new agency on which they had no representation. It's important to remember that the MSWMA is a voluntary alliance between local governments that already have independent solid waste responsibilities. The MSWMA could only be created on terms that were acceptable to each local government and its citizens. All authority remains in the hands of elected officials representing both the public and their own local government. In the future, it's certainly possible that the structure of the MSWMA could be changed, perhaps being converted to a special district. But that's likely to occur only after basic policies have been developed about what kind of solid waste recycling and disposal system we will have and how it will be paid for. 5. Does the MSWMA have an Executive Committee? Yes. It presently consists of the three city managers and the county administrator. This committee provides staff work for the governing board. It has no authority or decision-making power except as delegated to it by the -2- governing board. All activities of the Executive Committee are controlled by the elected officials on the governing board. 6. What has the MSWMA accomplished so far? First, the MSWMA undertook to prepare the state-mandated AB 939 plan for all of the local governments. By preparing one joint plan instead of four separate ones, a large cost savings was realized. Further savings were realized by retaining a local consultant instead of an outside company. The total cost of $78,000 for this project compares to $150,000 or more that has been spent in similar counties around the state. The AB 939 plan, which covers source reduction, recycling and composting, has been submitted in draft form to each of the local governments. After public hearings, they have reviewed and revised sections that pertain to their jurisdictions. The revised document will be submitted to the state and be the subject of further local public hearings. The second major project of the MSWMA is analyzing future solid waste disposal options for Mendocino County. Answers are being sought to two questions: (1) Is there a suitable site in Mendocino County for a new landfill? (2) Are there options which would make construction of a new landfill unnecessary? Searching for a new landfill site is technical work that must be done with extreme care and professionalism. Numerous geotechnical consultants were interviewed for the project, and a $164,000 contract was awarded to Anderson Consulting Associates for the first phase of the work.. This includes a study on alternatives to such a landfill, including out-of-county export, incineration, municipal solid waste composting, increased recycling, and other measures. Public participation is being emphasized in all phases of the project. The studies should be done in late 1992. Then a decision will be made on how to proceed. 7. Have there been other MSWMA accomplishments? Definitely. Without the existence of the MSWMA, it would probably be impossible to close the Caspar landfill in the near future. That's because there wouldn't be anywhere to take the Caspar wastestream. But because of the -3- existence of the MSWMA, the cities of Ukiah and Willits believe that new solid waste disposal capacity will be developed in the future. So Ukiah and Willits are willing to accept Caspar-area waste into their landfills even though it will fill them up faster. None of these accomplishments would have been likely without the structure provided by the joint powers agreement. The record of cooperation established by the MSWMA stands in dramatic contrast to a history of inter. jurisdictional strife over solid waste in previous years. 8. What will the MSWMA be doing in the'future? Functions that have proposed for the MSWMA include household hazardous waste collection and information, recycling public information, and AB 939 monitoring and reporting. If a decision is made to build a new solid waste facility, it would be owned and operated by the MSWMA. The county government has also raised the possibility that the MSWMA could operate the existing county-owned landfills under contract. This could save money by reducing personnel costs. The MSWMA would hire a general manager who would supervise MSWMA activities and the county's landfills. No final decision has yet been made on this idea, nor on what such a manager would be paid. 9. Will the MSWMA take over garbage collection service? No such role has been proposed. The cities want to keep the power to control their garbage haulers. If the county asked the MSWM^ to administer franchise agreements with the haulers in the unincorporated area, however, the MSWMA could do so. 10. Can the MSWMA condemn land by eminent domain? Yes, but only with the consent of the member government in whose territory the land lies. For example, if the MSWMA wanted to take land in the unincorporated area for a transfer station, the board of supervisors would have to consent to eminent domain proceedings. -4- 11. Does the MSWMA have any employees? Not at this time. Staff work has been donated by the City of Ukiah. In the future, employees may be hired. What they will do and how much they will be paid will depend on particular functions that the MSWMA undertakes. One of the key goals of the MSWMA is to reduce the overall personnel costs of the four member governments by avoiding duplication. 12. Who pays the MSWMA expenses? Each member government contributes in proportion to its population. The split is 68.2% county, 18.1% Ukiah, 7.5% Fort Bragg, and 6.2% Willits. These contributions have been made so far out of each government's general fund. 13. Can the MSWMA levy taxes .or parcel assessments? No. Only the cities and the county have this power. A city or' the county may choose to levy an assessment in order to raise funds to pay its share of the MSWMA budget. If, in the future, the MSWMA operates a solid waste facility, the MSWMA would decide what fees to charge at the gate. 14. Do the cities and the county have to go along with MSWMA decisions? Any member government can withdraw from the MSWMA upon 4 months notice. If the MSWMA has gone into debt, for example by selling bonds to build a new solid waste disposal site, the government that is withdrawing from the MSWMA will keep the responsibility for its proportional share of the indebtedness. The MSWMA can be dissolved by decision of any three of the member governments. The MSWMA will succeed only if all four governments are willing participants in its programs, in practice, we believe that all important decisions -.5- will be made by consensus among the four member jurisdictions, as they have been to date. 15. Are MSWMA meetings open to the public? Yes. If you would like to receive advance notice of the agendas, contact Sue Goodrick at 463-6286. Usually the MSWMA meets on the third Wednesday of each month at the Willits city hall. All meetings are noticed. The public is welcome to attend and public comment is heard. If you have any further questions or comments concerning the MSWMA, please contact one of us. MSWMA Governing Board members Liz Henry, County of Mendocino Nelson Redding, County of Mendocino Patricla Campbell, City of Fort Bragg Ed Scott, City of Willits Richard Shoemaker, City of Ukiah -6- EXHIBIT D Mayor Schneiter stated for the first time since he has been a member of the Council he supports returning these funds to the General Fund. MIS SchnelterlMalone to return the funds to the General Fund. Discussion followed with con<ems expressed regarding what City employees facing potential layoffs would say relative to the City giving money to various community groups, and the message many non-profits with limited resources may receive relative to their worthiness to the community should the funds be eliminated. It was noted that the various recipient agencies had been informed every year that the funding might be discontinued in the future. The motion failed by the following roll call vote: AYES: Councilmember Malone and Mayor Schneiter. NOES: Councilmembers Mastin and Shoemaker. ABSTAIN: None. ABSENT: councilmember Wattenburger. Coun¢ilmember Mastin moved to hold the funds for review until February, 1997. The motion died for lack of a second. M/S Shoemaker/Malone to hold the funds and bring the item back for review and discussion after Council makes some concrete budgetary alteration decisions as part of the strategic plan, carded by the following roll call vote: AYES: councilmembers Mastin, Malone, and Shoemaker. NOES: Mayor Schneiter. ABSTAIN: None. ABSENT: councilmember Wattenburger. _Approval of Agreements Between the City of Ukiah and Redwood Business Park Owners, et al, for Extension of Airport Park Boulevard Mayor Schneiter advised that if this item is to be acted upon, it will occur after Closed Session. 9. NEW BUSINESS ga. Discussion of Preliminary Draft AB939 "Mendocino County SEinE Element" Pre=areal bY Mendocino Solid Waste Management Authority Compliance/Customer Service Officer Goodrick explained the Preliminary Draft Siting Element and reviewed the comments which staff suggests be forwarded to the Mendocino Solid Waste Management Authority (MSWMA), which include: 1) Page 4, Table 2, relative to the transfer station in Leggett, the Funding Sources identified as the 'franchise' hauler should be 'permitted' hauler; 2) Page 4, Table 2, South Coast Landfill Implementation Date be changed from 'undetermined" to reflect a more detailed explanation; 3) Page 5, Table 3, Projected Disposal Tonnage from SRRE should be revised to reflect most recent estimates; and 4) Page 8, Item 7, Ukiah Landfill acreage currently landfilled is 40 acres, not 80. Discussion followed regarding the above comments and the use of "franchise' versus 'permitted.' It was suggested the comment be noted that the City Council of Ukiah had a question of whether the column that reads 'hauler" is intended to be 'permitted' or 'franchise,' and specifically so. If that is the case, at the public hearing the appropriate language can be determined and inserted and the Council will support that language as determined at that time. It was further noted it should be clarified whether the waste output figures, as stated on Page 9, of 150 tons per day for Mendocino county, were for a five or seven day week. MIS Shoemaker/Malone to approve, with comments, the Preliminary Draft AB939 'Mendocino County S~Jng Element' prepared by Mendocino Solid Waste Management Authority, carried by the following roll call vote: AYES: Coun~lmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: councilmember Wattenburger gb. Invoke Provisions of Section 1530 of the Uklah Municipal Code and Award a Consultant Service Agreement to Dames and Moore for the Implementation of the Limited Action Alternative and Risk Assessment Related to VOC Impact to On-Site Groundwater at the Ukiah Landfill At a Maximum Compensation of ~50,995 Public Works Director Kennedy gave a brief review of the staff report and explained why this project has become an emergency situation. Mayor Schneiter asked City Attorney Rapport if the Council could take the recommended action. City Attorney Rapport replied in the affirmative. Regular Meeting - August 21, 1996 Page 4 300 S~I~,~VE., UKIAH, CA 95482-5400 · ADMIN. 707/463-6200 · PUBLIC SAFEI'Y 463-6242/6274 · FAX # 707/4636204 · EXHIBIT D August 22, 1996 Richard Shoemaker Chairman Mendocino Solid Waste Management Authority P.O. Box 123 Ukiah, CA 95482 RE: Comments to Preliminary Draft Siting Element Dear Richard, On Wednesday, August 21, 1996, the City Council for the City of Ukiah reviewed and made the following comments on the Preliminary Draft Siting Element. -Page 4, Table 2. Leggett transfer station. Funding Sources. Identified as the "franchise" hauler, at present time should read "permitted" hauler or "franchise/permitted" hauler. The Council questioned the need for specifically identifying the funding source as franchise or permitted hauler. This seems to limit other options which might eventually be available, such as "private ownership". -Page 4, Table 2. South Coast Landfill. Implementation Date. States: "undetermined". The City Council recommended giving a more detailed explanation. -Page 5, Table 3. Projected Disposal Tonnage from SRRE. Since the SRRE tonnage projections were made a few years ago, the Ukiah City Council recommended that disposal tonnage should be revised to reflect most recent estimates. The Ukiah Landfill approximate tonnage for 1994 was 27,400 tons and 1995 was 26,330 tons. Estimates on the remainder of the county waste stream should also be reevaluated, and the projected disposal tonnage appropriately revised. '~/e Are Here To Serve" -Page 8, Item 7. Local landfill expansion options. Ukiah Landfill acreage currently landfilled is 40 acres not 80. -Page 9, Table 4. The first paragraph after the table identifies the total daily waste output of the entire county as 150 tons per day. This conflicts with the City's permit and EIR which assumes 190 tons per day based on a five-day operation. The City Council requested further information on how the 150 tons per day was determined (i.e., based on a seven day per week operation). The Ukiah City Council approved the preliminary draft with the changes and clarifications identified above. Attached are the minutes of the City Council Meeting dated August 21, 1996 reflecting the discussion held on the Preliminary Draft Siting Element. The Ukiah City Council wishes to thank you for the opportunity to comment on the Preliminary Draft Siting Element. Sincerely, t.. Candace Horsley City Manager EXHIBIT E Mendocino Solid Waste Local Task Force (A.B. c/o Clerk of the Board of Supervi'sors CountY of Mendocino 501 Low Gap Road Uldah, Ca 95482 939) Comments of the Local Task Force on Preliminary Draft of .Siting Element, Mendocino County The Local Task Force has reviewed the Preliminary Draft of the Siting Element for Mendocino County and has the following comments: We concur with the policy of the Siting Element that the remaining landfill capacity should be used up, followed by an orderly changeover to waste export. Since Mendocino County is distant from potential export destinations, it is essential that waste export be well planned in order to minimize costs. Economies of scale can be realized if our entire wastestream is available as a unit to negotiate for the lowest transportation costs, the lowest tipping fee, and the most secure and environmentally- sound landfill destination. Realizing these objectives requires that: 1. The Ukiah landfill be available' as an interim disposal site for the entire Mendocino County wastestream following the closure of the Willits landfill in mid- 1997. 2. Waste export will begin following closure of the Ukiah landfill. 3. A transfer station be developed at the MSWMA site on North State Street, Ukiah, following a vigorous competitive, proposal process to determine the most qualified private industry contractor. This will allow future export by either truck or rail, with rail export having the coincidental benefit of supporting the rail line between Schellville and Eureka. Adopted by roll call vote on July'25, 1996. AYES: Madrigal. 'NOES: None. ABSTAIN: None. July 30, 1996 Altaras, Galli, Copeland, Goodrick, Ward, Cayler, Steffen, and Darrell Galli, Chairman EXHIBIT E Mendocino Solid Waste Local Task Force (A.B. 939) cio Clerk of the Board of Supervimrs County of Mendocino 501 Low Gap Road Ukiah, CA 95482 Comnlent o1' the Local Task Force on Fimti Dral't o1' Siting Element, Mendocino County The Local Task Force has reviewed the Final Draft of the Siting Element for Mendocino County and has,the following conunents: The xCritten com~nents dated July 30, 1996 on the Preliminary Draft are still valild and are attached and incorporated herein. in addition, tl~e LTF comments that there may be additional very small volu~ne transfer stations established at l'emote communities. Adopted by roll call vote on November 14, 1996. ' AYES: Altaras, Skezas, Beebe, Healy, Ward, Madrigal, and Galli. NOES- None. ABSTAIN: None. Darrell Galli, Chairman November 15, 1996 enclosure EXHIBIT BARCLAYS C&LIFORN1A CODE OF REGULATIONS · ales that the criteria specified in PRC section 41781,2 have been met. Within 60 days of receipt of the additiontl information, the Board shah determine wbether diversion of ali or a p:~on of the excluded waste will be allowed for the purposes of compliance with the diversion require. meats of PRC section 41780. (c) Based on the Board's detennmtion in subsection (b), tbs jurisdic. tion shall revise its SRRE to c~t any inadequacy and shah re.bruit it to the Board within 120 days of the Board's determination. Ifa Jurisdic- tion is unable to resubmit its revised SRRE within 120 days. the Board may, on a case by case basis, extend the deadline for resubmlttal. Upon ~ceipt of a resubmitted element, the Board shall follow tbs procedures specif'~,.d in section 18770 of this article. ~ Au~orfly c~d: Section d0502, Public Reso~oes Code. Referem~ Sec- t/on, 4 ! 780. 4 i '/81.2, 41801 $ and 41811.5, Public Re~o~ees Code. Hlrrc~v I. New section filed 1 -.q-94 as an emergency~ operative 1-3-94 (Register 94, No. dS). A Certificate of Compliance must be ~'ansmined to OAt. by 1=3-97 or emerttency language will be repealed by operetio~ oflaw on the folk)win[day. 2. Editorial oorrection nddin~ section and l.b~¥ I (Register 94, No. dS). Il Article 8. Procedures for Preparing and I:tevlsing Siting Elements, Summary Plans, and Countywide and Regional Agency Integrated Waste Management Plans 1 187"J'~, Proo~dur~ for the Pru~)amtlon lad Submittal of the 81ting El~'n~nt lad ~ummlry Plan. (a) Except. provided in subsection (b)(3)(B) of this section, each county shtll preptrt and adopt a Siting Element and s S~mma~y Plan wbicb shall be pa~ of the Countywide Integrated Waste Management Plan (CIWMF), pursuant to Public Resources Code sections 41700 throuSb 4J 82~. (b) Where a regions] agency has been formed, the following require. meats shall apply: (1) Each regional agency composed of member agencies tha! do not extend beyond the boundaries of a single county and does include the unincorporated area of the county, shah prepare and submit to the Board a Siting Element end a Summary Plan which shall be part of the CIW~. (2) Each regional agency composed of member agencies thai do not extend beyond the boundaries ora single county, but does not include the unincorporated area of the county, shall be included in the documents prepared pursuant to subsection (a)of this section for the preparation and submittal of the Siting Element and Summary Plan. (3) Each regional agency composed of two or more counties and all ci- ties within those counties, shall prepare and submit to the Board one of tbs following as part of the RegionaJ Agency Integrated Waste Manage. meat Plan (RAF~MP): (A) a countywide Siting Element and Summary Plan for each county within the regiontl agency;, or (B) a regionwide Siting Element and Sutnmary Plan for the regional agency. (4) Each regional agency composed of more than one county, but which does not include aH of the cities within those cc~m~, shall be in- cluded in the documents prepared pursuant to subsection (a) of ibis sec. tion for tbs preparation and submittal of the Siting Element and Summary Plan for each county of the regional aSency. ($) Each regional agency composed of more than one cotmty, and which includes all of tbs cities and the unincorporated area within at least on~ of those counties, but not all of the cities within the other county(les), shall prepare and submi~ to the Board a Siting Element and Summary Plan Is part of the RADVMP for each county tbs! is wholly encompassed in the regional agency. (c) Eacb county and regional a~,ncy shall designate tbs agency re- spons~le for preparing ~ Siting Element and Summary Plan; and shah notify tbs Board, in writing, within 30 days of the effective date of this article or the formation of a regional agency. Eacb co~mty an~ regional agency shall notify the Board, in writing, of any cbange in tbs desi]gnation of a responsible agency within 30 days of tbs change. (d) For the Imrposes of this article, "countywide" shell be defined as including the in--ted cities within tbs county and the tmincorpo- rated areas of.the county. For purposes of this article, "cotmty" shtll in- clude the Board of Supervisors es the legislative and executive body of county government, and any designated agency resixms~le for solid waste management. (e) For tbs purposes of this article, "~gionwide" shall be del'mad as including tbs member aeencies of a regional agency. For the purposes of 'this article, "regional agency" shall be the governing entity created by a voluntary agreement between cities and/or counties to carry out ~ man. dates of Public Resources Code section 41780. A city or county which is a party to such an agreement dull be comiden~ a "member agency" of the regional agency. No~ Autlx~ity cited= Section 40502, Public Re,ureas Code. Reference: Sec. tions 400~1, 40990 - 40975, 41'/00, 41701, 41702, 41'/03, 41./O4, 41./50, 41750.1,41751 md 41791, Public Resom~el Code. I..N.e,~ section fi .l~l..~-~9-90 as an. emqencg-, operat;-ve 3-19-90 (Re~st~ 90. ~o. 14)..4 ~J~ate of C. ompllan~ must be Ittnlmjtted to OAL within 120 2- New section re fi]e.d ./-.6-90 as an en)etsoney~ opeta0ve '/- !./-90 (Register 90. Nc). 3./). ^ Ce,'tirJcate of Comptiance must be IransmJn,.d lo OAL by 11-14-90 or emerBeney hnguase wL1] be r~)ealad by operation ofla,¥ on the foLlowin~ da),. 3. F.,dhot~l! CX:nTP..Cfi~ ofC. ertif~le of Comp~lnea due dale in l-b~¥ 2 (Regis- ler 91, No. 13). $. New section refii~d 2-15--91 as an emerttency~ operative 2-1 $-91 (Register 91, No. 13). A Certit'~te of Compliance must be ~ansmitled to OAt. by 6-1./-91 or emergency language will be repealed by operation of law on t~e following day. 6. Certificate of Comp~oe as to 2-15-gl order, includine amendment of sub. sections (b) and (c}, tmn~nitted to OAL ~-29-91 and Fried ~-29-91 (Register 91, No. 37). 7. Chan~e without regulatory effect mnendin[ subeecOon (c) filed '/-I 1-91 pur- suant to section 100, title 1, California Code of Reguhtions (Register 92, No. 12). subsecOon (b) an~ new suMecuons (b)=.(bX$ k ~nendment of subsection (c), Fre~=7,2r ofsubse, ction (d} and new subse, etions (d)-.(e} and amendment of NCrl~ -94; operative 8=22=-94 (Register 94, No. 29). I 1~777, Mole of the Look ?e~k Foroe, (a) Tbs role of the Local Task Force (LTF) shah be to assist and advise tbs agency(tea) respons~le for preparation of the Siting Element and the Summn~ Plan. Tbs LTF shall guide the preparation and review of these documents prior to their circulation to reviewing agencies and to the Board, to aid in ensuring that tbs county or regional agency adequately plans for meeting future solid waste bandling and dispostl needs. (b) Within 30 days of' its establishment, the LTF shtll determine and verify the remaining perm/tied combined disposal capacity of existing solid waste disposal facilities in the county or regional a~ncy. (c) If tbs county and tbs cities within the county daterm~e that the re- presentation of the eurrmt LTF is not adequately addressing the needs of the county, cities, or public, ·new LTFmaybe established. The new LIT membership shall be approved as ~ in Public Resomces Code Section d0950. Within 30 days of tbs establishment of the new LIT, a membership roster containing tbs ntmes, phone numbers, and member r~.~entat~m ~ be sent t~ tbs Board. Ncn~ ~y che~ SecOot~ d0502, Public Remurees Code. Reference: Sec. tiom 40001, a0950, 41751 and 41791, Public Resources Code. 1. New section filed 3-19-90 as an omergencF, operative .'~.lg-gO (Ret. aster 90. No. 14). A Certificate of Compliance must be tran~nined to OAL within 120 2. New sect/on raffled '/=6--90 as an emer[ency: operative '~-I"/-90 (Register 90, No. 3?). A Cer~i.'fi~te ofCompliance musl be transmitted to OAL by 1 ! = 14-90 or emergmcy language will be repealed by operation ofkw on the following day. Page ~}6.1~0 18'/80 3.F~lieritl corn, orion ofCenifimte ofC. omplimoe due date in l. lmmv 2 (Re~i~- ter 91. No. 13). ,l...R~q.ue~ .for ~ of. '/=6=90 emergency _r~,ulS_ tions approvM by OAL ot~ovmm~m ~one section 11M6.1{e) U~egister 91, No. 13). $. New w. ction re fi.led 2-15-91 as aa emergency, operative 2-15-9 1 (Regis~ 91, No. ! 3). A C~. 'ficate of Compliance must be IrannnJued to OAL by 6--I'/=91 or emergency anguage wA1 be repealed by operation of'law on the fo~owin~ da),. $. ~te of CompUanee as to 2-15-91 order, ineludin~ amendment of sub- sections (a). u'annniur, d to OAt. a--29-91 and film 5--29-91 (Relister 91. No. 3'/). '/. Cleanse wiOmut regulatory effect amendint subsection (a} filed ./=11-91 put. auaat to se4aion 100, t~tle 1, C. aldomia Code of Regulations (Ret, ism' 92, No. 12). .~.~end~e_ m of'se~, ion .beading and subsections (a)--(bLrepealerof~s 1 ~=(2), new. subsecx~on (c) and amendment of NOT~ fried -/-22-94; opera- live $=22-94 (Register 94. No. ! 18778, Public Participation In the Preparation of tim Pr~limlnary Draft 81ting EMmm~t and · umrrmry Plan. (a) Tbe general public, affected govemmema] entities, and private in- dustries shaU be given sm opportunity to ca~nment on the davelopmen! and implementation of tbe prelir,,i~ary Siting Elem~nl and Summary Plan al informative meetings and public hearings. (1) Tbe agency(les) respc~$~le for preparing the Mtliminary Siting Element and Surr~sry Plan shall hold at lean one pub~ meeting to re- ceive public comment on these preliminary draft documents. Notice of tbe public meeting shall be provided pursuant to section I g'/ltl ofthis ar- ~ Authority cited: Section 40502. Public Resourw. s Code. Refurmce: Sec- lions dO900 and 41793. Public Resour~s Code. 1..N. ew se..ction._fil~ 3-19-90 as an emergency', operative 3-19-90 (Re~. t~r 90, r~o. 14}. A C. ert~cate of Compliance must be lransminexl to OAL within 120 days or emergency language wLU be ~ on -/-17--90. 2. Ne~' section refiled '/-6--90 as an emerteeney, operative '/-I'/-90 (Register 90, No. 3'/~. A Certi~cate of Compliance must be tranmfiu~ to OAL by 11- l&-90 or emergency language will be repealed by operation oflnw tm Ibc foBowin~ day. ~. F, diu~ri~l correction of C. enif'zate of Complianoe due date in I'ln~s~x 2 (Regis- tar 91. No. 4. Request for readoption of '/--6-90 emer~pmcy regulations approved by OAL 1 I.-6-90 but neve~ filed wit~ Secretary of Stair. ,~ction repea.~d by operation of Government Code section 11.x46.1 (e) (Register 91, No. 13). tho. I. ). ^ c.;emt~c-at¢ mc.omptanee must ~e eannmtted to OAL by 6-1'/--9I or emergency language will be repeal~ by operation of law on Ihe foBowin$ day. 6. Certifi~te of Compliance as to 2-15-91 ord~ Irmsmitazl to OAL 4--29-91 and fried 5-.'29-91 (Register 91. No. 3'/). '/. Change without, regulatory effect mnending subaection (aXl) filed '/-11-91 ~ to ~.cuon lO0. tit~ ~, Ct~orni, Code oraegulaUons (Re~r 92, I. Amendmem of' section heading, text and Nolx filed '/-22--94; operative $--22-94 (Reg. ister 94. No. 29). t 1877~. Prooedum~ for the Pml~mtlon md Review of the Preliminary Draft Siting Element end lumnmry Plnn. (a) Preparation of ibc l~l~,~ary D~a~ Siting Eiemmt and Smnmary Plan. Each county and regional agency shall pregare a preli,~a~y ofits $itin~ Element and Summary Plan.'f~¢ aL~n~c~m) ~~i~ for l~eparntion ofth~ l~eli~.,~ntry ~tft(s) s~l! consider LTF mcotnmenda. ~ and public .;xtput during th~ ~valolxnent and revision l~ases. prelim~ary draft(s) shall be sent to th~ LTl:, inc, mgon~! cities ~in ~ county, member a~-nci~s within th~ regional agency, end th~ Board. (b) R~vi~w byLTF. The p~liminary ~ $itin~ Elemeal and ~nnma. ry Pian shall be ~viewed bythe LYF. Within 45 days of receipt of~r~h i~elimi~ary draft, tbe LTF shalJ ~end w~itten conunmu to th~ Board and to the ~8,mcy preparinil ~h !~~ ~ ~c · (.c) Review by Incortxnltod Cities. Within 45 days ofrec~,ipt oftbe pre- liminary draft Sitinil Element and S~nmary Plan, ~acb inc3rporated city witbin the county and regional a~ency, sb~U review each prelimlr, ary draft and send written conunents to tbe asency responsible for preparing (d) Review by M~mber Agencies. Within 45 days ofr~ceipt oftbe pre- ~ draft Sitinil Element and Summary ~ ~acb member agency within the r~iona] a~ncy, shall review each preliminary d~fi and send written comments to ~ agency responsible for preparing eaah preEmi- (e) Review by the ~ 'l'nne hard~opies of the the p~laninary draft Siting Elemenl and ,~t~mm~r'~/Fla~ or IWO h~es and two magneti. eaUy ~! disks in · Board approved fcs'mat shall be mbmitt~d to the Board. Within 45 days of receipt ofthe m:iuir~ copies oflbe the p~limi. nary dra~ Siting Element and Sununary Plan. Ibc Board shah send wri~- ~ comments on the ad~lmcy of mcb prelimi~n~y draft to n~et ~e re- quirements of the int~rat~d Waste Managemen! Act of 1989. amended, to the agency respons~le for lX~parinil ucb draft d~umen~. A copy of the Board's pmlimina~ draft Siting Element and Summary Plan cc~-,ents shall be simulanec~dy sent to the LTF. (f) Other Apmcies. A copy of~e the l~li-,i,,-,-y draft Sitinil Element and Sununary Plan shah be submitted to all associations of govemmenu and to any Local En~orcemmt A~ncy located within the boundaries of Ibc cxnmt ¥ or regional agency. Within 45 days of recei~ of the ~be prelim. inary draft Siting Element md Sun,nary Plan. eacb of those agencies re. ceiving a copy may send wrin~n cotmnenu to the asency responsible for tions dO900. 40950, 41'/00, all./01,417{23, 41'/04. 41'/10. dl'/$0, ~1'/$1 and 41791, Public Raaourees 1. ~e? .s~ction_fi~ ~!9-90 as aa. ~ Wentive 3-~9-90 (Rel~?ter 90. ~o. ~4). A ~te of Complianee must be n~m~.ine, d to OAL wi~ttin 120 ~o. ~}. ~ r~rtttz:ate oz~ompmnce taus! ~ gammitted to OKI. by l ! -14-90 or emerlmncy hn~uage wfiJ be rNw..aled by ope~tkm of law on the folk, wing day. 3. Editorialootrec. t~ ofCertifimte efGnenpliance due date in HIsT~¥ 2 (Regis- ter 91. No. 13). ,I. Requ~ for readoption of.~ _-~-90 emerlmcy _r~lstions alvro,~ b~ OAL I I--6-90 but never filed wzm aecretary of Stete. Section relxaled by operat~ efC, ovennent Code section 11346.1(e) (Re~ister 91. No. ~. N_ew section refiJed 2-15--91 as aa emerteency:, operalJve 2-1 $-91 (Register 91. No. 13}. A~te of CompUance must be eannnitted to OKI. b¥6-1-/-91 ot em~cy iantn~e w~ll be repealed by operation of Is,.' on the followin~ day. 6' ~s~s ~te ~Co~. ~ as to 2-1~J! order, includin~ amendment of sub. laz~an), t to sac~m !00, titk 1, C.,aUfomia C_~__ of Regulatiom (Register 92, No. ~. [~~_~t of section heading and subsections (a)--(c}, new subsections ~ )-(t-) and mmsdmeat of Natt filed '/-22-94; operative $=22--94 (Register 94. No. 29). ~ lr/80. IS~u~ ~or~ Ptsoamtton ortho Ffnnl Draft No later than 105 days after the close of the 45 day review period for the lWelhninm'y draft Sit~g Element and ~nnmary Plan, the agency re- sponsible for p, epa~g aacb draft document sball respond in writing e, acb comment recziv~d on ~acb prelimimry draft, and prepare the final draft Siting Ek, mmt and Summary Plan. (a) A copy of the final draft eountyw~ Siting Element and Summary Plan, includin~ a copy of tbe writum responses to comments received. shall be sent to the LTF, aacb incorpora~ city in the county, each Local F:nf~t Agency (LEA) in the county, applicable associations of ~ovemments, and any regional agencies in the courtly. (b) A oopy of the final draft regionwide $itinil Element end Plan, includinil a copy of tbe written responses to cotmnents received, BARCLAYS CALIFORNIA CODE OF REG~A~ONS ~ be eml to each member agency of·he region·] agency fom~ put. ~ a~y, ~d ~p~bk a~~s of ~v~~. ~s ~. ~50. d]?~. 41701, 41703.417~, 41710, 417~ ~ 417~1, ~ ~ Re~s ~e. No. id). A C~ ofc~~ mini ~ ~~ m U~ w~m 120 No. ~?). A ~~ of~p~ mini ~ ~~ ~y. ~ 91, No. 1~). o~v~ent ~ ~n 1 l~.l(e) ~e~ 91, No. S.~ew~~ 2-1s-91 .s~~~e 2-1~91 ~91. No. 12). ~ ~~ of~~ mu~ ~ ~ md ~ S-29~1 ~e~ 91. No. ~ ~~ ofN~ ~ ~-~-~; ~e ~ ~e~ · t 18781. ~cal T~k Fore Ro~ ~~o. (3) ~cb ~o~] agency w~b ~e ~ ~d (4) ~ ~d. I. New ~ ~ ~l~ u ~ ~mc~ ~ ~!~ ~.~ ~ New ~ ~ ~ ts ~ ~n~ ~ve 7-1~ ~ ~ncy ~ w~ ~ r~ by ~~ of bw ~ Ae fo~wbS ~y. ~ 9]. No. 4. R~st f~ r~O~ of 7~ ~e~ncy ~h~ ~v~ by O~ of~v~em C~e ~n 1 ]~.l(e) ~e~r 91, No. S.New ~n ~ 2-1S~1 u n ~~ ~e ~-1~] No. 13). A ~~ of~p~ mu~ ~ ~ &y. 91, No. 37). 12). ~ ~, No. 29). (a) At ~ ~ b adv~ of~e ~~ ~b~cb~ m ~ ~~ b ~ ~6~ 18778 of ~is ~cle, ~e ~ ~ ~b~ a no~ of ~e ~b~c b~g b a i~ news~ of ~ c~~. ~) At lint ~ ~ ~ adv~ of~e ~b~ ~b~c b~ f~ ~e ~ ~~ b ~ ~ 18783 of ~ ~b, ~ withio the county and the oounty or desisnee th&Il publi~ a notic~ of the publi~ bem-ing in a ~ newspaper of 8mera] circuhtion. (c) At Jeast 30days in sdvance ofthe scbeduled public betting to t&ke ~ts on the pretlmlntry drift Siting Element and Summ,ry Plan, as speciJ'~d in CCR section ] 8'/78 of this trticle, the regionL1 a~ncy formed pursuant to ~ 18776(bX3) of this articJe th&U publis~ a no- tice of the public bearing in a loci] newspaper of ~neri] circulation, (d) Al least 30 days in Klvance of the scheduled public bearing for the puq~ose of idopting the f'mi] draft Siting Element and ~ummary Plan, as specif'~d in CC~ section 18783 of this irtkle, each member agency wig- in the ~e~iona] agency and the regionaJ agency shtU publ~h a notice of the public bearing in a iocaJ newspe~r of ~ NOT~ Author~ ~ Section 40502, Public Re·our.s Code. Refer·ce: Sec. titm 41'/93, Public Reaom~J Code. Hm~y I. New eK'tiOn filed 3-19-~) as an ~erlency; operative 3-19-90 (Regisl~r 90, No, 14), A Cm'tificate of Compliance must be rannnit~d to OAL wilhin 120 :2. New ~-fion refile, d 7-4)-90 as an emergency: operatic 7-17-90 (Regis~r gO. No. 3';). A ~te of Ceeq~oe must be Ir~nmnJued to OAL by ! i-I ~-90 M emergency hnfuqe wR1 be tepe.&ied by operation of bw o~ Ibc foBowing day. 3. F, diuria] axtectioe of~ of Complbnm due date in HLrrotY 2 (Regis- let 91. No. 13). 4. Reque~ for rudoption of ?-6-90 emerleocy relubtions q~proved by OAL 11--6-90 bm never filed with SecretmT of State. Section repe~ed by operation of Oo~! Code Mc6on 11346.1(e) (Relister 91. No. 13). $.New section tefiJed 2-18091 ast~ emerlency% operutive 2-18-91 (Regislergl. No. 13). A ~te of Compliance must be rm~ta~le.d to OAL by 6-I?-91 or emelency J~n~uase w;11 be j~2ealed by ope~tion ofkw on ·be foUow~g day. 6. Ceflibte of Complisnce as to 2-18-91 order, incJuding 8mendment of f'rst ).~rq~ r~,_'m~_ to OAL ,L-29-91 md fibd S-29-91 (Re~is~ 91. No. ?. Amendment ofoec6~ bMding, detilntfion md tmandment of sub·ce·ion uew mbsectiom (b)-(c) end ~nmdmmt of NOTE filed ';-22-94; operative 8-~-9,1 (Res·set 9~. No. 29). ! 1878a. Loool Adoption of tho Fine1 Draft 81ting Elomont ~d Summery Pl~fl, m~d tho Oountywido end Roglorml Agono¥ In·ogre·od Wmto Idaflogomont (a) L,or~ adoption of·be C1WMP wilJ occur whm the fin~! drift Siting Element and Summary Plan are adopmd by·he ooumy and the cities wi·b- in the co, may as de·ch'bed in Public Re·otto:es Code section 41721 and ,Il 760. A final draft Siting Element and SummmT Phn sub~ for lo- ci] KIoption ·hah be ~ccomj~nied by environmental documentation ver- ifying complince with Ibc Ca]if~ Eavimnmm~ Quality Act (CEQA), purauant Io Public Resources Code sections 21000 et seq. (1) Each incorporated city in the county, and the coumy, shi]! conduct a public bearing fo· the purpose ofadopting the frei] dr~ Siting Elemen~ end SumnmT Plan. Aher considering &L1 public comments, the ¢oumy 8od each city within tb.e county sh&u. by resolution, either approve or dis- ~prove the fin~ drill Siting Element and Suture&fy PLen. Fli]ute by a city to lake action on ~)e Siting Element or Sam~mtry Phn shi]l be deemed ~n approval of the Siting Plan ot Sum~ Plan by tha~ city. (2) If' the fin·] drtR Siting Elem~t and SummmT Plan ~ra not proved by the ooumy and the cities within the cam~. pursuant to PRC · ructions dj '/21 and 41760, then the coLmty Shill revise the daficien t ire. as within 90 days of the close of the loci]Jurisdiction review period speci. f'sK! in i~C section 41721 and recircuhte them for loci] aPIx'ovLL put- suam to sections 18780thmuit~ 18785 of this trticle.'rnese revised docu- ments shah be aplx~ved as d~ in Public Resouroes Code sections 41"/21 and 41760. (b) Loci] adolxi~ of Ibc RA]WlVlP for a regics~l a~mcy prepe.,~g docmnents pttrsuam to section 18776(b)(3XA) and (5) of this article will occur when the t'mi] clraft Sitin8 Element and Summiry Plan from each r. oumy that makes up the region·] aS~mcy have been adopted by ~e oounty and cities within the co~mty.'fbese revised clocuments shah be ap- proved as de~ in Public Resouroes Code sections al 721 and ~1760. A f'mi] draft Siting Element and Summary Plan th.il be accompm~ed by Rqinar 06. Ho. I !; J 187~ envimnmen~ documentation verifying oomph·ce with CEQA, put- sram to Public Resourees Code sections 21000 et seq. (1) Each incorl~ramd city in the county, and each county, shall con- duct a public bearing for the purpose ofacbpting ~be final draft SitingEle. mere and Suture, fy Plan. After consic~ring tU public commen~ each comty and each city within the county shaH, bytesoluti~ eitber approve et disapprove the £ma! draft Siting ~t and Sunnnaty Pl~u. (2) If the f'ma! &afl Siting EJemmt and Sumzna~ Plan ate not ap- proved by each county and the cities within ead~ county as de~-r~eed in Public Resou~es Code sextons 41721 and 41760, then the county re- spons~le for preparing the fin·! draft Siting Element and Sununary Plan shall revise the deficient treas within 90 deys ofthe close of the iocalju- tiMiction review period specified in PRC section 41721 and recital·re them for local approval, pursuant to aections 18780 thron~ 18785 of this article. (c) Local adoption of the ~ for a regret1 a~mcy ptepe'ing do. me·ts pursuant to sectic~ 18776(bX3)(~) of this trticle will occur when the final draft siting Elemen! and Summary ~ have been ap- proved by tbe regional agency and by a majority of the member agencies within the regional agency except in Ibose regional agencies v/nid~ have only two member agencies, in wkicb cue the Siting ~t and Sum. mary Plan are sub.iec~ to approval oftbe member qency ~nicb contains · majorily of the population oftbe member agencies of the county. Each member agency s~all act upon tbe Siting Elem~! and the Summary Plan · eitbin 90 days after receipt of the documents. Ifa member a~ncy fails Io act upon the Siting Element and ~ Plan wietin 90 days after te~eipt of tbe eJemen! and plan, the member agency shtll be deemed to have approved tbe Siting Element and Suznmary P~ as subnzitled. A fi- mi draft Siting Element and Suture.fy PLa= submitted for local adoption shah be acccrmpanied by env~tal docmnmta6on verifying pti·ncc witb CEQA, pursuant to Public Resources Code sections 21000 ets~;1. (1) Each member agency, and the reg~enal agency, shtll conduct a public bearing for tbe purpose of adopting the f'n~tl cb'aR Siting Element and Stlmmn~ plan, After considering all public r~mwnen1.~ the regiol~al agency and each member agency within the regionaJ agency shtlL byres- olution, eitbe~ approve or disapprove the f'mal draft Siting Element and Summar~ PLan. (2) If the £ma! draft Siting Element and Sunn~ PLan a~ not ap- proved as provided in subsection (c) of this s~'tion, then the regional a~,enc y responsible for preparing the f'mal chaff Siting Element and Sum- mary Plan sbaU revise the deficient treas within 90 days of the close of the iocaJ jurisdictic~ review period specified in PRC section 41721 and ~ecitculale them for iocaJ approval pursuant to sections 18780 thton~b 18785 of this article. Tbese revised documents shall be approved as de- s~ribed in subsection (c) above. (d) Local approv~! oftbe RAIWlVlP for a regional agency formed pur- suant to section 18776(b)(a) oftbis article wLU oocur when tbe £mal draft Siting Element and S~mmary pln~ for each r.,OLlZlty where the &~ncy exisu have been adopted by the cities and each county. 'me f'mnl draR Siting Element and Summar~ Plan f~al] be approved u de~.'Ti'bed in Public Resou~es Code sections 41721 and 41760. A f'mal draft Siting Element and Summ.~T PLan subn~md for local adoption shah be lmzded by environmenta! docun2entation verLfy~g r. omp~ce with CF.,QA, pursuant to Publk Resources Code sections 21000 et seq. (Il Each incorporated city in each county, and each county, shaU cee. duct a public bear~g for the purpose of·dopting 1be f'mtl draft Sitin~ Ele- county and city within each county shall, by resolu~on, eitter approve or dmpprove the £ma! draft SJ'dng Element and Summary Phn. (2) If the f'ma] draft SiLing Elen:en! and Summary plm~ m~ not ap- proved by each county and cities within eac:b county, ~ eer. b county shall revise the deficient areas within 90 days ofthe close ofthe loca]ju. r4.scti~on review period spec b"w,d in PRC sectmu a! 721 of*this article and recb'culate them for local apWovLL pm'mant to sections 18780 18..'/~. of this article. Tbese documents shall be approved ~ descn~ in Public Resourees Code section 41721 and 41760. 'rnese revised docu- menu shall be approved as descn'bed in this subsection (d) above. (el Ifa jurisdiction ot member agency disapproves the Siting Element et the Summary PLan, the,jurisdiction or member agency sh&ll give writ. I~ nolification to the LTF, the County Boa~! of Supervisors and the Board of the deficient e'eas in the Siting Elemmt or the Summary ~tbin 30 days of disapprovtl. flare ~R)9~), dO9'71, 41000, 41720, d1721, d1751 md 41760, Public Resom'ees Code. ~o. ~. ~ ~t'rtmca. te of Cemp.~.l~n, ce mus~ be e'ansmined ~o OAL w~in 120 rays ot emergency lan$,m~e ~iL! be repealed on '/-1'/-90. 2. Ne~ section tefiled '/-.6=90 as an emerlmcy, operative %1'/-.90 (Regisler 90, No. 37). A Certif~ate ofCompUanoe mus~ be wan~nine~ m OAL by 1 i-!~-90 ar eme~ency language wRI be repealed by operntion ofhw en Ibc following day. 3. ~ eotteetim ofC, m~cate ofC, omp~nee due dine i~ Hmmtv 2 m' 91. No. 13). d. Requesl fer teadoption of'7--6=90 emetlency regulations approved by OAL ~t C..o~e aec-uen 113~6.1(e)(Re,sm' 91. No. 13). no. a.~. A- .~t~x:a~e m~mpuanee mus~ ~ Ira·sm·ned Io OAL by6=-l'/-91 6. ~C~s~~ of'_ C. oa~litnce ~s ~. 2-~S-9~ order, bclud~ smendment of mb. '/..,_C~ e ..' .wi~. regulatory e.ffeet amendes submaion (¢) and referm:e ~/_? ~9--~.:..~_. t Io sectaon 100, title 1, CMifernia Code of Regulatiem ~eLt:mer ~ , ~o. ;$7). 8. Amendment of ~ction heading md subsection (al. new subsections (al{1)-(2), eepealer of mbseetimu (b)-(bXl) taxi new' subsections (b)-(b)(2}. repealer and new subsection (c), redesignation and ammdmen! of subsection (c)(l) Io sub- ~ection (e), new ~.lbsections (c)(l)--(dX2) and ~mendment of NOTE filed '/-22-94; operative 8-22-94 (Regism 94, No. 29). ~ 1~?~4. ~abmlttal of Oountywld~ md Rogiorml Intsqlrmed W~te I~n~gement Plan to the · oard for Approval. (al Within 30 days of the ioctl adoption of the CIWMP, as provided in section 18783 of this article, the county shall subndt, unlera any of these docummts have been submitted pursuant to the requirements of this c~apter, three hardcopies, et two harde, opies and two magnetically coded disks in a format approv~ by Board sttt'f, of the foUowing to the Board: (1) for a {xamty with no region&] agency within its boundaries, a C/WMP consisting of the -_e~_ ,_ree Reduction and Recycling Elements (SRRE'a), Housebokl Hazardous Waste Eiemmu (HHWE's). and Non- dispom] Facility Elements (NDF'E's) for the county and eada city within the county, and the Siting Elemmt and Summary PLan. (2) for a county whirl: contaim one or more re$iom] agencies the OWMP shall include: (Al · SRRE, HHWE, and Nt:8:E for md: city that is not a member agency of 1be regional agency and for the county if it is not a member agency of the regiontl agency;, (B)a SRRE, HHWE, and NDFE let sar, b city that isa member ~cy ofthe regieral a~ncy and for the county Eit is a member ·$ency of the re~ontl a~mcy, et the SRRE, HNWE, and NDFE for ~be regional agency, if the regicm] agencyhas eleeted to preptre one or more of these documents as · tegiontl agency: (C) · countywide Siting Element and Summary PLan. O) · copy of the agreem~t forming · regional age·cyst to Pub. i~ Reso~rees Code section (4) a copy ofeac~ ju~on's resolution adopting iu SRRE. I-IHWE. and NDF~ and approving or ci~~ing the Sit·ns Element and Sum- mary P~: Pale 806.153 Raj~tm' g6. No. I1; 3,=15-~6 B&RCLAYS CAt.~IF'ORMA CODE OF Bir&ULATIONS (5) · copy of the public notices for each juriKliction's public bearb~ on the SRRE, HHWE, NDFE, Siting Element and S-mm. fy Plan; (6) a copy oftbe Notice of De·n-ruination, for ~e Irc)ject's CEQA doc. ument(s), which bas been filed with the State Ckarinsbome in the Office of Phnninf and Research; (7) a tabutntion showing that the Siting Element md Summary Plan were approved by the county mci the cities within the county in 8ccor* dance with sections ,~]72] and 41760 of the Pubtic Resources Code. (b) Within 30days of'the Jocil salomon of the RA]WMP, as provided in aoction 18783 of this irt·cie, the r~g~on·l qency th&Ii submit, unJess ~bese documents have ilrudy been sulxniuod pursuant to the require- me·ts of this chapter, ~ bardcopies, or two hare·copies and two mas- MticalJy coded disks in a format ·pix·red by Board staff, of the follow. (1) for · Feb·nil agency composed of·w· or more counties and all of the cities within those counties, the RAIWMP shah include either: (A) · SRRE, HHW~ and NDFE for each city and county which are member ·Sen cies of the rani·nil agency and the Siting Element and Sum- mary Phn for eac~ cottony:, or (B) · SRRE, ~ NDFE, Siting ElemenL and Sunnnary Plan for fie ref~uil qency. (2) for a r~on·l a~nc y composed ofmo~ than one county, but which does nm encompass ill of the cities within those counties, a RAIW~ consisting of a SRRE and H]-IWE, and · NDFE for the regional (3) for · regionil ·8ency camp·sod of more than one county, and which includes ill of the cities and the Lmin~It, d aru within at Lust erie of those count·eL but not all of the cities within the mbe~ county(·es), the RAIWMP shah include a SRRE and HHWE for the re~ional &~ncy, · NDFE for each city and the county that i~ · member a~cy of the gionil ·~ncy, and a Siting Element and Sun22na,-'y Plan for each county · hal is wbolJy encompassed by the regional a~ncy. (4)& copy of·he agreement formi~ g a rag··nil agmcy pursuant to Pub- lic Resources Code section 40975; (5) a copy ofea~ jurLq~ction's resolution adopting ~ SRRE, and approvin8 or disapproving the Siting Element and Summary Plan; (6) · copy of the public notices for each juriMiction's public bearing on the applicable preli3ninary draft and Frail draft SRRE, H]TWE, and Siting EJemenl and Summnry pla~ ('7)a copy of the Notice of De·annie·ion, for the lt~oject's CEQA doc- ument(s~ which has been f'tlecl wi~ the Sma ~ouse in the Office of Ph]:min~ and Research; (g) · tabulation ~owing that the Siting Element and Summary Plan were approved by the county and the cities within the county in accor. dance wi~ sections 41721 and d7160 of the Public Resources Code or by each member ·Sency o£a reg~onal a~ency in w',.cordance with ·oct·on 18783(c) of this afL·cie. (c) The Board's 120 day review period for cousideration of approvil of the Siting Eiemem and the S~ Plan will commenoe upon deter- mina·ion by·he Board th·! the accompanying documm~ r~lui2~d in sec- t~on 18784 of thi~ a,-t~le have been subminod and are included or r~for- encod by the su~~ .htr·sd·ct·on. (1) Within 30 days of receip~ of the Siting Element and the Sunmary Phn submitted for approvil, the Board shah indicate to·he su~g~u. risdicti~ whether ~ requirements in section 18784 of~is anicJebave been fulf'dJed. 1~ the.jurisdiction is notifbd bt the ruquir~ docummts have nm been submiu~L the.kn'isdiction shttl mbmit the rum·s2' ~ doc. nme··(s) within 30 days ofnotification. ~ions dO~'/$, 41720, all'/21, 41'/~)0, 41'/90, 41'/91 and a1'/93, Publi~ J~o, l~J}. A Ca-tificat~ of CompLiance must ~ ~ to ·AL ~ 120 days ot ~ lanLruqe will be rape·kd on ?-17=90. ~"- ~' ~ _q-~u?uanoemust. be lransmJtted to OAL by l~l _14=90 ~ay.uncr~n~ mn~uase ,-~ ne mpubd Dy operution ofb, on the 3. ~dJtor~l OotTectkm ofClertifios2 of Complim~ due date in HISTORy 2 (Resis. Mr 91. No. 13). .pS o,.d by ·AL ofGovn3nn~mCodemcuon ll3~6.1(e)(Ke~ner91.No. 13). )'opera ~. ~;;. A ~.,~Eur ax ~nnptm~e must be t"ansmitl~d to ·AL by 6--1'/-91 ~ay.mner~ency ]nn~ua~ will be re~ by operation oflaw on Ibc folJowin~ 6. Cerl~Eate of Compliance as to 2-1S-.9! ot6er, includh8 smendmem of'sub. me6ons (aXI). (a)(2), (a)O). (aX$} and soction beadi~ ransmiued to OAL d-29-91 and fibd S-29-91 (Re~iM 91, No. 3?). 7. Chanse without rqm.h, tory effect ameodinl ~ (a) flirt! '/-1 i.-91 put. mare to mc·ion i00, title 1. ~ Code of Rqulatiom (Regis~ 92, No. 12). t Ammdmmt oft~'tion bending and subeeetion (aL repeakr of mb·action (a)(l) and ne~' subeeetiom (aXl)-(3}, rudesi[Mtion and amendment of mbsections (aX2)=-(S) to mbeeetions (aX4)-(?), new subsections (b)-(c)(l) and amend- men· of Nar· flbd 7-22=94; opera~ve 8--22=~1 (Rattan' 94, No. 29). ! ~87BS. Board Appmva! of Ooun~rwJdo 8nd Rogional &00flc¥ tn·ogre·od Waoto Manogomont Ptnn. (a) FoLlowing mbmitta] ·fa locally adoptod CIWMP or RAI~ to the Bolrct, the Board shall bare ·t least 90 dayL but not more than 120 days, with a mod·an of 10~ days, to revkw and act upou the CrWMP or RAJWMP. The Board, at · public belting, shtlJ det~-rmh~e whether the CIWA~ or RAJWMP mu the mqu~ts of the C. alifomia Inte- nt·tod Was~ Man·gemini A~t of 1989 as amended. Afi~ considering public testimony, input from the LTF, and ~ comments, the Board shall approve, omdition~y approve, or dinpprove the CI'WMP or .tion~y ·pproving the ~ or RAIWMP, or issue a Notice identify. mg deficiencies in the CIWMP or RAIWMP. (b) Within 30 days of aplTovaL conditkx~ approv&L or disapprovil · fa C3WMP or RA1WP, the Board wLH send · copy of the resolution of approval or conditionaJ approval, or · No~e i6entifying the deficiencies to the jurisdic~(s) responsible for pruparation of the CIWMP or ~ and any Element contain·n8 deficiencies. (1) In · Notice of Deficiency, the Bo·rd shilJ identify the deficient areas in a CIWMP or RAIWMP and provide a written an&lysis of why these al~as are deflci~t and provide recommendations to correct deft. cient ns. JbrrotY 1..N. ew soc~on fikd ~19=90 as an ~ operatic ~!9-90 (Re·imf 90 Jqo. 14). A Certif'm~te of Comp~ must be ratmnitl~d to ·AL W~l~in 1~.~ days ot emajencg, isnfuqe will be rupeabd on ?=17-90. J~o. 37). A Certifi~at of _C0mplianoe must be'l~'r'unmniuod to ·AL hv ~. ~ a._~'~ $. F, ditm"hl ~ ofCbrtifs:nM of Complim~ due date in HISTOry 2 (R~,is. tsr 9J, ~o. 13). ta;,ne sutmeum 0~XI ) and new soetion be·dbms, trnmtined to ·AL d--29-~1 ·nd fdhd ~-29-91 (Re,is·er 91. No. 37). 7. Amendment of section beading, text and NoT· ~ 7-22-94; opeutive 1-22-94 (Re·ism, 94. No. 29). BARCLAYS CALIFORNIA CODE OF REGUlaTIONS (5) a copy of the public nogces fat ~ac~ ju~i~licfion's ~bhc (6) a ~py of~e Nofi~ of~~nfim, f~ ~ ofP~$ ~d Re--h; ~) a ~fi~ ~ow~g ~a~ ~ Sing El~mt ~d ~ P~ ~ a~ov~ by ~e ~ty ~d ~e ci~s ~ ~ ~ty ~ a~- ~ce ~ ~s ~1721 ~d 417~ of~e ~bhc ~) Wi~ ~ ~ of~e ~g ~~ of~ R~~, ~ ~i~ ~ ~ 187~3 of ~is ~ck, ~e ~al ~cy ~e~ ~nu have ~dy ~ m~t~ ~l w ~ ~- ~u of~is c~r, t~ hv~p~s, ~ two h~p~s md mo (1) f~ a ~! a~cy ~~ of mo ~ ~ ~s ~d ~ of ~e c~ wi~ ~o~ c~t~s. ~e ~~ ~aH ~c~ e~: (A) a S~, ~ ~d ~ fm ~h c~y ~d ~ a~c~s of ~e ~g a~cy~d ~e Si~ E~t ~d S~- ~ P~ f~ ~& c~ or ~) for a ~nl ag~cyc~~ ofm~ ~ ~s~l of a S~ ~d ~, ~d a ~ for ~e ~1 a~c~ (3) for a ~g a~cy c~~ of ~ ~ ~e ~ty, md ~b ~clu~s gl of~e cites ~ ~e ~i,~~ ~e ~~ ~nH ~c~ a ~ ~d H~ for ~e ~nl a~cy, n ~ f~ ucb c~y ~d ~e ~ ~a~ ~ a ~ ~g a~cy. ~d a Sing Elem~i ~d ~~ P~ f~ ~al is wholly ~com~s~ by ~e ~1 a~cy. (d) a ~py of~e a~m~ fang a ~~ (6) n c~y of ~e ~bhc notices f~ ~ ~c~n S~g Ekm~l ~d Summn~ P~; ~) a copy of~e Nofi~ of ~l~afi~, f~ ~t(s). which h~ ~ fd~ wi~ ~e S~ ~~ ~ ~e Off~e ofP~g ~d Re~h; ~) a ~bu~g~ ~ow~g ~al ~ Sing El~mt ~d ~ P~ ~ce ~ ~g~s ~1721 ~d 471~ of~e ~b~c Re~s C~ by ~ch ~m~r agency ora ~1 agency ~ 1878~c) of ~is ~cle. (c) ~ ~d's 120 ~y ~v~w ~ f~ ~~ of~vg of~e Sing El~l ~d ~e S~ P~ wffi ~~ u~ ~r- ~m 187~ of~ ~cle have ~ m~ ~d ~ ~cb~ mmf~- ~ by ~e m~g ~ic~. (1) Wi~ ~ ~ys of~ip of~ Sing ~i ~d P~ ~~ for ~vg, ~e ~d ~H ~ ~e m~g~- ~ve not ~ ~~ ~e ~g~c~ ~ m~ ~t(s) ~ ~ ~ of nonage. I. New ~ ~ ~I~ as ~ ~m~. ~e No. la}. A C~ ofC~p~ m~ ~ ~~ mO~~ 120 2. New ~ tel:tied 7-6-90 as an mnerl:mcy; operative 7-17-90 (Re. gisler 90. No. 37). A ~t ofC. amp~ee taus! be IransmJt2d ~o OAL by Il - ]4-~0 or enm-gmcy langu~e will be ~ by operation of law an Ibc following day. ~. F~li~2rixl ~ of~t of C4nnplian~ due dar in I-i~ rrmY 2 (Regis. ~t 91, No. 13). 4. a,que~ f~ t~t~,~ of.?-~-90 en~Sency ~SU~. t~n, ~,~o,~d by OAt. I I-6-90 b~ never fikd wilh $ecs-etary of Sta~. ~ecoon s~:e. tled by aim'arian of Govenm~nt Cock smc6an 11~46.1 (e) (Re,islet 91, No. 13). $. New sectian refiled 2-15-9 ] as an efn~cy, operative 2-15-91 (Regimr 91. No. 13). A CeilS2 of C.~xnplianc~ taus1 be ~ansmit~ to OAL b¥6-17-91 or eaM~iene¥ Janluqe wa] be ~ by operation ofbw an tbe follo~ day. 6. Cert~_~,- of Coo~lhn~ ts M 2-15-91 on~r. ineludinS unendrnent of sub* sectkms (a)(I). (a)(2). (a)O). (aX5) and sect~n bendin~ ransmiueA u~ OAL 4-29-91 and filed 5-29-91 (Re,imf 91. No. 37). '/. Chan~e without retmhtory effec~ sfnendin~ u,l~ (.a) fi_l~d 7-1 i-91 put. suant to section 100. ~ 1. Cnlifm~a ~ of Relulatmm 0~e~imr 12). t Amandmmt of~'6ou beading and subsec6m (aL repe~Jer ofmbeectian (a)(!) and ne~' sul~ (aX!)-(2). redesi~nati~ and amendment of subsections 0)(2)-($) to subee, c',ions (ag4l-CT). new suboee6ons Co)--(c)(l) and s~nend- meat o; NOTt mod ?-22-9~; operu~e 8-22-~ 0~es~ ~. No. 29). 1 18785. Board Approval of OountywJdo end Regional Aoenoy Integruted Wooto Idanegom4nt Plan. (a) Following submitttl ofa k)caJJy adopted CIV('MP or RAIWMP to the BOtTd, tjx BoLd sh~l have it least 90 day~ but not mc~ th~n 120 days, with a median of 105 days, to review and ncr upcm the ~ or ~. The Board. it a public betT~S, shill 6etmnJne whether the grated Warn Mt~geznent Act of 1989 tt mnencl~d. After consi~rins public t~st~nony, input from the LIT, and wriutn comments, the BoLd thal] approve, conditionally approve, or diJapprove the ~ OT tion&lly ippToving the CTWlV[P or ~, or issue a Notice ici=ntify- ins deficimcies in the ~ or RAIW~. (b) Within 30 days of approv&l, c(x]~ll ipprov&t, or ctisapprovtl of · CIWMP or RAj'WP, the BOtTd will send · copy of the r~soludon of approval or cond~tioml iplxovll, or a Notice idtn~yins ~ ~ficiencies to the Jurisdic~(s) responsibk for prepera~ of RAJW~ and any Eiemem conttining deficiencies. (l) In a Notice of Deficiency, the Boe,-d sh&l] identify the 4ef'Jcien~ areas in I ~ or RA3WMP and provide · writtm anJ]ysis of these areas ire da~cimt and provide recotnmendati(xis to cormcl deft- cient areas. NOT~ Authori~ ch~: Sectio~ 40~)2. Pubi~ Resou-ees Code: and Section 15736, Governmen! C. ods. Rcf,~nee: Sections 41790, 41800. 41801 and 41810, Public Resom~s C(xle. i'bs'ToeY I. New section fi]t.d._~lg--90 as ,n anerL, ene~., operati, e ~19-90 (Re~r,L.T 90, No. 14). A Certif'Jca2 of CompiJanc~ mus~ be Irunlmiur. d to OAL wilhin 120 day~ or emertenc)' bn~uaF wa] be re~ on ?-17--90. 2. New soction reft]rd ?.~,-90 as an emerlenc~, opeu~¢ ?-!?-90 (Re~s~ 90. No. 3'/}. ^ ~t ofC. an~lianc~ mus~ be u-anm, nJur. d to OAL by 1 !- 14-90 or ema'lf~ lanl, a~ wa] be re~ by operaLion ofla~v m d~ folk,win~ day. 3. Edit3iil (X,rTectim ofCh~ifi~s~ ofComplMn~ d~ dst in tlr 91. No. 13). 4. Request for ~ of ?--6-90 emerl~ocy re~ulatians si3,K)ved by OAL 1 I-6-90 but neve~ fibd wilh Secreta~ of Stat. Section r~ by operatim of GQv~t Code soc~ ll3d6.1(e) (Rejister 91. No. 13). $.New mlc6m reft]od 2-15-91 as an emerp~cy% operative 2-15-91 (Registr9 l, No. 13). A Cert~t~ of C(xnpLiar)ee nu2st be IransW to OAL by 6-17-91 er flntrlfo~ knsua~ wi]] be repMbK! by operation of kw an tbe foLIowin~ 6. ~ of Complb,,(z ts to 2-1S.J)! order, including m~]rnent of sul>- soc6on (a). new subtectian (bXI) md new, section beadinL rannniuod to OAL 4-29-91 and 61ed 5-29-91 (Rel~sw 91, No. 3?). ?. Ameodme, t of section beJdin&, uzt and No~rt fikd ?-:Z2.-94: operative 1-22-94 (Rer, isw t)4, No. 29). No. I 1; 3.-15-06 BARCLAYS CALIFORNIA CODE OF RF, G~TIONS '7. Chan~e withom re. Iai·r), effect amending ~ (a) filed '7-11-91 par- suant to section 100, titk 1, C.&ifomia Code ofRe~ulatiom (Rf4jstn' 9L No. 12). t Ammdment of s~-tien headin~ ~ of ~s (al(c), new subm~ tiom (a)-(aX4) and amendment of NOT~ film '7-22--~1; olm'ativ~ g--22=~1 (i~4imer 94, No. 29). ! le7~2. Notfo~ Requlrementl for Publk~ H~ftngo. (&) At ~ 30 days in advance of the scl~dulM public l~aring to take omnn~ta on the prellmlntry drafl Siting Element and ~mamary Plan ns Sl~cif'wd in O~ sec:ti~ 1S775 of this article, the onunty shll publish · notice of the public bearing in a local newspaper of pmertl oim~lion. (b) At least 30 days in advance of the r~beclubd public boating for the purposes of adopting the f'n~l draft Siting Elen~nt and Summary Plan, as spacifiK! i,, CCR soction 18'/83 of Ikis arti~k, ~ inc~ oity within the county and Ibc oounty or dasisnee shall publish a notic~ of the public boating in a Joc&l newspaper of smeral cimulation. (c) At kest ~0 days in sdvance of the r. bedulK! pub~ betting to oomments on the prellmi~,~ draft Siting PJemeat and S~_ *m~,,*y Plan, as sp~it'~d in CCR s~tion 18778 of this arti:le, the regim~l a~cy fannM pursumt to sooti~ 18776(bX3) of Rtis a~ick shall publish a no- ~ of the public bearing in a local newspaper of general oir~lation. (d) At least 30 days in advance ofthe schMulod public boating for the puqx~ of Mopting the f'm] draft Siting Elemm! and Summary Plan, as sp~ in CCR sacticm 1 $753 of this article, asch Wr agency with. in the reliom] alency and the re~onal a~ncy shall publish a notice of the publi~ hearing in a loc, si newSpalX'r of ieneral ~culation. No. 14). A Certif'~ of Complianee must be Irannnita~d to OAL wilhin 120 ~. Ne~ a~tien ~filecl '7-4=90 as m em~ency: ol~rative '7-1.7-90 (Rcgis~r 90. No. 3'7~. A C~k~ of Cc~limoe must be ulnsminM mt ~ ~ will be re,kd by a~ ofbw m Ihe followin~ da),. ~sr ~1. No. 13). 4. Ra~em for madol~ of.'7-6=-90 mer~ te~Jiatlms aM~ov~ by OAL ofOmmnnml ~ s~ 11~46.1(e) (Re~' ~1. No. 13). $.Ne~ s~icm re~iBd 2=1~1 asan sl~n~ Ol~rative 2=1S=~ 1 No. 13). A Cer~l~ of Cmnplilnoe musl be ~ to OAL by 6-1'7=91 m mne~ ~ will be ~d by qm'ation of kw m tl~ folJo~in~ 6. C. ertifiml~ of Comp. limee as to 2-15=91 ar6er, includin~ mnendment of frst ).~r~ ~ W OAL &-29-91 and film ~-29~ 1 (Re~ter 91, No. 7. Ammdment ofaectien ~ d~ation and an~Mment of subsmctien (a). ne~,. sub~ (b)-(c) md ammdment of NOTt ~ .7-22.-~1; operative &-22-.~ (Rqis~ 94. No. 29). ! le?&l. Lo(mi Adoption of tho Final Draft 81ting EIMnent end Summery Plen, end the Oountywido end Neglon~ Agency Inlagral~l Man~gern~t Pl~n·. (a) Local adoption of the CIWMP will ocmr whm the f'n~l draft Siting Ei~nmt and Summary Plan are adOl~d by the oounty and the cities with. in the oomty as das~n'b~d in PubLic Resources Code s~'tion 41721 and d1760. A final draft Siting ~t and Stm~n~y Plan subn~t~l for lo- oat ~doption shah be accompanied by envircmm~tal documentation ver- ifying onmpli~ce wi~h the C, tlifomia Envimnmm~ Quality Act (C~,QA), pursuant to Public Resources Coda s~'tions 21000 et seq. (1) Each incorporate! city in the county, and the county, shall conduct · pub~ bearing for the ~ of adopting the final draft Siting Element nnd Sun~a~ Plan. ~ omsidering all public oommmts, the county and ~ city within the oomty shall, by resolutim, either approve or dis- approve the f'ma] &afl Siting Ektnem and Summary Plan. Failure by a city to ake aotion on the Siting Elommt or Sunnnsry Plan shall be d~tned an approval of the Siting Plan or Summ~y Plan by that city. (2) If the final dr~ Siting ~t and Summary Plan are not ap- proved by the oounty and the oities within the omnty, pumsant to PRC s~'tims d1721 and 41760, then ~ oounty shall revise tl~ daficient areas within 90 days of lbo close of the local ~tion review period speci- fic! in PRC ~ d1721 and r~iroulate them for local approv~ put- sumt to mctims 18780 through 1878~ of this article. These revisod do~- n~nts shall be apwovM as descrR~l in Public Resouro, Coda soctions 41721 md 41760. (b) ~ ndopti~ of the RAIWMP for docummts pursuant I~ s~'tkm 18776(b)(3XA) and (S) of this article will ooumy that makes up the regional agancy have bom adop~d by oountyand citi~ within the eoumy.'fbes~ revimd documents shall be ap- provod as da~ in Public R~souroes Cod~ s~tkms 41 72 1 and 41760. A final draft $it~g Elmam and ~-,,,~-y Plan shall be m:oonqm~ed by ITEM NO. 8.5a DATE: December 18, 1996 AGENDA SUMMARY REPORT SUBJECT: REQUEST FOR RECONSIDERATION OF THE AWARD PROVIDE SERVICES FOR THE CITY OF UKIAH'S WOODWASTE DIVERSION PROGRAM OF CONTRACT TO YARDWASTE AND A request to reconsider the subject award of contract has been received by the City Manager. A fax from Cold Creek Compost, expressing their position and concerns is to be received on Monday, December 16. That document will be distributed immediately to the City Council. Cold Creek representatives desire to discuss this matter with the Council at this meeting. The City Council may wish to direct Staff to research any of the issues brought up at the meeting and present the findings at the January 15 meeting. RECOMMENDED ACTION' Council receive comments from Cold Creek Compost and provide direction to Staff. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine reconsideration is not appropriate at this time. Acct. No. (if NOT budgeted): N/A Acct. No.: Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: Cold Creek Compost Prepared by: Candace Horsley, City Manager Attachments: None Candace ~orsley, City"l~anager 4/Can. ASRCold Susan Brandt-Hawley Rose M. Zoia Bx'andt-Hawley & Zola An Association of Attorneys Chauvet House Post Oftlce Box 1659 Glen Ellen, California 95442 (707) 938-3908 · 576-0198 Fax (707) 576.0175 econet: bhz@igc.apc.org Legal Assistant Sm'a Hews December 18, 1996 By Mail and Fax 463-6204 Mayor Sheridan Malone and Councilmembers Ukiah City Council 300 Seminary Avenue Ukiah CA 95482 199[; CITy CL£'R~ D£.pANT,.ME. N7 Re: M&M Feed Dear Mayor Malone and Councilmembers: I represent a number residents of Potter Valley and also the Mendocino Environmental Center who remain very concerned about composting activities at M&M Feed, which I understand is requesting receipt of Ukiah's green waste. I further understand that Mr. Mileck has represented to the City of Ukiah, and others, that the CEQA litigation against the County of Mendocino and M&M Feed has concluded. That is untrue. About a year ago, Judge Frank Peterson (visiting judge from Del Norte county) ruled that the County's approval of the composting facility failed to comply with CEQA, and required preparation of an EIR. Following many months of delay due to Mr. Mileck's failure to pay for the EIR, the draft EIR was begun late this fall. The draft has not yet been published, and the last estimate my clients have been given is early January 1997. In the meantime, Judge Peterson allowed the facility to continue its operations during the summer. He noted that the facility's documented leachate problems should not be a problem in the summertime, and so allowed continued operations while the EIR was being prepared. A status conference in the court case is scheduled for next Monday, September 23, and the court may well stop the unpermitted composting activities for the winter. At our last court hearing last summer, Judge Peterson indicated his great concern about the ongoing operations. He has ongoing jurisdiction over the case, until the County and M&M are determined to be in full compliance with CEQA. In light of the above, the City's approval of a green waste contract with M&M is premature at best, and should be denied. The County's approval of the facility is not certain. My Ukiah City Council Re: M&M Date: December 18, 1996 Page 2 understanding is that in light of Judge Peterson's ruling requiring an EIR, the state waste facility permit has also been suspended. Thank you very much. Sincerely, Susan Brandt-Hawley M&M\Council. it 12/15,'96 15'09 '~707 468 1660 5{ECEEF December 18, 1996 The Honorable Sheridan Malone, Mayor and Members of the Ukiah City Council Ukiah Civic Center ~00 Seminary Avenue Ukiah, CA 95482 (VIA FAX: 463-6204) Dear Mayor Malone and Members of the City Council: it is our understanding that the City Council will be reconsidering the request by Mra'tin Mileck to contract with the City for green waste removal during its course of business this evening. We regret that we will be unable to be there to hear and paticilmr~- in the discussion. !!~-~wever, we wish to inform you that the Mendocino Environmental Center is one o£ the plaintiffs in a lawsuit against Mr. Mileck to compel an EIR on his proposed compost facility in Potter Valley. We have many major environmental concerns and questions regarding this proposed compost facility, and believe these concerns and questions can only begin to be addressed through a thorough EIR. The Judge in ~:he case concurred with us, and an EIR is now in progress, through not completed. It is our understanding that Mr. Mileck is alleging that the lawsuit is complemd. We wish to inlbrm you [hat this is not the ease. In fact, there is a hearing in this case before Judge Peterson on Monday, December 23rd. I believe you will also be receiving a nora to this effect from our attorney, Susan Brandt-Hawley. Thm~k you for your attention to this matter. Feel free to contact us st~ould you have questions regarding this matter, Sincerely, ~ . w Betty a~ Gary Ball, Qf;~CoordinaWrs RECEIVED CITY OF UKIAH DEC 1 9 1996 CITY CLERK DEPARTMENT ITEM NO. DATE: December 18, 1996 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF ORDINANCE AMENDING THE CITY ZONING MAP TO REZONE 28 LOTS IN THE EAST SIDE REZONING AREA SUMMARY: On December 4, 1996, the City Council voted 3-1 to introduce the ordinance amending the City zoning map to rezone 28 lots in the East Side rezoning area consistent with the recommendations of the City Planning Commission. The ordinance has been prepared in final form for adoption, and is attached to this Agenda Summary Report. The purpose of the rezonings in the East Side rezoning area is to bring zoning classifications of a number of privately owned properties into conformance with the Land Use Designation assigned in the new General Plan. RECOMMENDED ACTION: Adopt the ordinance amending the City Zoning Map rezoning 28 lots in the East Side rezoning area. ALTERNATIVE COUNCIL POLICY OPTION: 1. Do not adopt the ordinance, and provide direction to staff. Citizen Advised: Affected and adjoining property owners individually noticed Requested by: Planning Department Prepared by: Charley Stump, Senior Planner Coordinated with: Candace Horsley, City Manager and Bob Sawyer, Planning Director Attachments: 1. Ordinance amending the City Zoning Map rezoning 28 lots in the East Side rezoning area. Candace Horsley,~..~,ity Manager 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING THE OFFICIAL ZONING MAP FOR THE CITY OF UKIAH, CALIFORNIA The City Council of the City of Ukiah does hereby ordain as follows: SECTION ONE Pursuant to the procedures set forth in Section 9009 of the Ukiah City Code, the Official Zoning Map for the City of Ukiah is amended to change the zoning on 28 parcels in the East Side Area of the community as identified in the General Plan Rezoning Program. Specifically, the City Zoning Map is amended to rezone 27 parcels from "R-2" (Multiple family Residential) to "R-3" (General Multiple Residential); and to rezone the south portion of AP 3-582-27 (425 Gobbi Street) from "R-2" to "R-3"; and to rezone the northern portion of AP 3-582-27 (425 Gobbi Street) from "C-N" (Neighborhood Commercial) to "R-3." The listing of the specific parcels involved in this rezoning action, along with detailed rezoning information is attached as Exhibit "A." SECTION 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 bring the zoning for the subject properties listed in Exhibit "A" into conformance with the new General Plan adopted on December 6, 1995. SECTION FOUR This ordinance shall become effective thirty (30) days after adoption. Introduced by title only on December 4, 1996, by the following roll call vote: AYES: Councilmembers Ashiku, Kelly, and Mayor Malone NOES: Councilmember Mastin ABSENT: None ABSTAIN: None 1 Passed and adopted on , by the following role call vote: 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 AYES: NOES: ABSENT: ABSTAIN: ATTEST: Marge Giuntoli, City Clerk Sheridan Malone, Mayor 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT "A" The East Side Rezoning Project (96-49) Assessor's Current General Plan New Parcel No. Zoning Designation Zoning 3-581-15 3-581-17 3-581-18 R2 HDR R3 3-581-20 3-581-25 3-582-27 (ptn) R2 HDR R3 3-582-27 (ptn) CN HDR R3 2-093-6 2-093-7 2-093-8 2-093-12 2-093-17 R2 HDR R3 2-093-18 2-093-20 2-093-21 2-137-18 2-137-19 R2 HDR R3 2-137-23 2-137-24 2-290-1 R2 HDR 1:{3 3-574-5 3-574-7 3-574-9 3-574-10 3-574-17 R2 HDR R3 3-574-19 3-574-20 3-574-21 3-574-22 NOTE' Ptn. -- Portion of parcel EXHIBIT "A" - Page 1 of 2 EAST SIDE AREA REZONING (96-49) R2 TO R3 R2 TO R3 R2 to RETAIN R2 C1 TO R3 (Remand back to Planning Commission Not included in Ordinance) 1 I i~..~.. ,i....-. , CN TO R3 (The Planning Commission is recommending against this rezoning. They recommend a future General Plan amendment ("C"), and a · "C-1" zoning. OAK MANOR ELEMENTARY SCHOOL RETAIN R3 MAYA WAY yA~UI DR. ~ DR. lllllJ potlo D~. CN TO R3 I TO R3 EXHIBIT "A" - Page 2 of 2 Item No. 9b Date: December 18, 1996 AGENDA SUMMARY REPORT SUBJECT: Approve Development of a Special Agreement with Mendocino Brewing Company under Ukiah Municipal Code Section 3706.7(i) relative to the Characteristics of their Waste Stream. REPORT: City of Ukiah Municipal Code Section 3706.4(a) states that rainwater or uncontaminated water shall not be discharged into any sewer facility which directly or indirectly discharges to facilitates owned by the City of Ukiah. The intent of this section is to acheive two goals. The prohibition of rainwater is to reduce the amount of flow into the sewer system during high flow periods, and limit the cost of treating rainwater at the Wastewater Treatment Plant. Mendocino Brewing Company's facility design calls for the effluent storage tanks to be uncovered in order to increase the amount of evaporation, which will reduce the total annual amount of discharge to the Wastewater Treatment Plant. However, the open tanks will allow rainwater to be captured and discharged to the sewer system. Summit Engineering is designing the facility for Mendocino Brewing Company and has demonstrated that covering the effluent storage basins would be cost prohibitive based on the amount of additional water put into the discharge as a result of the captured rain. Therefore, Mendocino Brewing Company is 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. ( Continued of Page 2 ) RECOMMENDED ACTION: Approve Development of a Special Agreement with Mendocino Brewing Company under Ukiah Municipal Code Section 3706.7(i) relative to the Characteristics of their Waste Stream. ALTERNATIVE COUNCIL POLICY OPTIONS: Deny Development of a Special Agreement with Mendocino Brewing Company. Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Coordinated with: Candace Horsley, City Manager Attachment: 1) Section 3706.4(a) of Ukiah Municipal Code 2) Section 3706.7(i) of Ukiah Municipal Code 3) Summit Engineer Letter of December 10, 1996 Candace Horsley, Cityt~anager ( Page 2 ) Mendocino Brewing Company has 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 addtition, they are restricted by the City of Ukiah to a daily discharge of 55,000 gallons per day and Mendocino Brewing Company pays 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 their agreement to mitigate the inflow of rainwater were possible, they will meet the intent of the Municipal Code. Therefore staff recommends approval for the development of a Special Agreement with Mendocino Brewing Company under Section 3706.7(i) for the discharge of their effluent storage tanks into the City of Ukiah sewer system. The conditions of this Agreement will be included in the Operating Permit issued by the City of Ukiah to Mendocino Brewing Company as required by the State Water Resource Control Board. §3706.3 §3706.4 Waste Characteristics Grease Toxicity (TLm Bioassay) Detergent (MBAS) Ammonia Phosphate (Total) Boron Chloride Sulfate (Ord. 845, §4, adopted 1985) Maximum Concentration 75 Milligrams/Liter 25% 10 Milligrams/Liter 60 Milligrams/Liter 25 Milligrams/Liter 1 Milligram/Liter 250 Milligrams/Liter 250 Milligrams/Liter §3706.4: PI~OtI];I~];TED WASTES; Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following water or wastewaters into public sewers. Rainwater or Uncontaminated Water: No person shall discharge or cause to be discharged any rainwater, storm water, ground water, street drainage, subsur- face drainage, yard drainage, water from yard fountains, geothermal well water, ponds or lawn sprays or any other uncontaminated water into any sewerage facility which directly or indirectly discharges to facilities owned by the City. The provisions of this Section shall apply only to sanitary sewers. Explosive or Flammable Substances: Any gasoline, benzine, naphtha, fuel oil, or other flammable or explosive solid, liquid, or solvent with a flash point less than one hundred degrees (100°) Fahrenheit. C, Corrosive Materials: Any waste having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel of the City. Bi Obstructions and Intederences: Solids or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interferences with the proper operation of the sewerage works, such as, but not limited to, ashes, cinders, sand, rocks, gravel, mud, straw, shavings, sawdust, oil, grease, metal, glass, rags, hair, hides, wool, feathers, tar, plastics, wood, unground garbage, paper dishes, cups, containers, etc., either whole or ground by garbage grinder. El Garbage: Any garbage excepting properly shredded garbage from dwellings or restaurants engaged in preparation of foods and beverages for consumption. Properly shredded garbage shall contain less than five percent (5%) (dry weight basis) of material and able to pass a three eigths inch (3/8") screen. 4O65 §3706.7 §3706.7 F) Ge He wastes, containing grease in excessive amounts, or any flammable wastes, sand and other harmful ingredient; except that such interceptors shall not be required for buildings used for residential purposes. All interceptors shall be of a type and capacity currently designated by the Uniform Plumbing Code, and shall be so located as to be readily and easily accessible for cleaning and inspection. In addition, commercial or industrial waste discharges may be required to provide holding tanks with provision for neutralization, temperature control or rate-of- discharge control to avoid slug loadings or excessive flow rates. The Director of Public Works may require screening of any flow of commercial or industrial sewage as is required to protect the usefulness of the sewage system of the District/City. Such screens shall have the equivalent to twenty (20) meshes to the linear inch, both directions. No insoluble material of such size that will not pass through the screen herein required, may be discharged or permitted to enter the sewage system of the City. Maintenance of Interceptors: All grease, oil and sand interceptors shall be maintained by the owner at his expense, in continuously efficient operation at all times, and corrected immediately on notice of deficient operation. Measurements and Tests: All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this ordinance shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater", or EPA Standard Procedures, and shall be determined at the control manhole provided for, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control shall be considered to be the nearest downstream manhole in the public sewer to the point at which the side sewer is connected. Special Agreements: No statement contained in this Article shall be construed as preventing any special agreement or arrangement between the City and any industrial concern whereby an industrial waste of unusual strength or character may be accepted for treatment, subject to City payment therefor by the industrial concern and subject to such terms and conditions as might be required by the District/City. Right of Entry: The Director of Public Works, and other duly authorized employees of the District/City bearing proper credentials and identification, shall be permitted to enter all properties served by the City for the purpose of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this ordinance. (Ord. 845, §4, adopted 1985) 4O72 WILLIAM J. PHILLIPS II President Reg. Engr. C24978 SUMMIT ENGINEERING, INC. Consulting Civil Engineers CH ET ADAMICK Vice President Reg. Engr. C22857 1400 North Dutton Avenue #22 Santa Rosa, California 95401-7152 (707) 527-0775 FAX: (707) 527-0212 December 10, 1996 City of Ukiah 300 Seminary Ave. Ukiah, CA 95482 Attention: Mr. Darryl Barnes Director of Public Utilities Re~ Mendocino Brewing Co. Ukiah Brewery Request for Revised Discharge Constituents Dear Mr. Barnes: As you know, the request from Mendocino Brewing Company regarding the Ukiah Sewer Ordinance requirement for rainfall elimination was continued at the November 20, 1996 City Council meeting. The following represents information supplemental to our initial request letter of November 8, 1996, for consideration at the upcoming meeting December 18. Mendocino Brewing Company (MBC) and Summit Engineering, Inc. concur with the purpose of the Sewer Ordinance provision and the Staff's discussion of the intent as stated in the Agenda Summary Report for the November 20 meeting. MBC has applied for a revision to the discharge constituents because the process wastewater treatment facility (PWTF) uniquely satisfies the stated intent of this provision for the following reasons: 1. The MBC facility has a 55,000 gallon per day discharge limitation; rainwater will not affect this limitation. , The MBC PWTF has been constructed with a 55,000 gallon effluent storage basin which discharges to the City sewer system via a low, consistent flow rate pump. This approach eliminates "... increased inflow to the sewer system during peak flow periods..." o As net annual evaporation exceeds average annual rainfall by over 15 inches, the MBC PWTF would result in a reduced flow to the City system of 27,000 gallons per year if the aeration basin and effluent storage basin remain uncovered. This reduction in load in the City's Wastewater Treatment Plant would not occur if the basins were covered. Planning · Permitting ° Site Development · Structural Design · Wastewater Systems Wineries · Geothermal ° Industrial · Commercial Mr. Darryl Barnes Project No. 95026.73 December 10, 1996 Page 2 SUMMIT ENGINEERING, INC. Consulting Civil Engineers 4. The drains in the two splash pads can be covered during the rainy season thus eliminating a 11,000 gallon per year inflow to the City sewer system. Staff stated in the Agenda Summary Report that "Although the points in their letter may have merit, staff believes the currently designed operation will not comply with the ordinance." MBC acknowledges the language and the intent of the rainfall provision of the ordinance, but feels that the MBC facility as designed clearly addresses and satifies the intent of the ordinance as defined by Staff. Thus the reason for this request. When the intent of the ordinance is satisfied, what is gained by requiring compliance with the letter of the regulation-especially considering the significant additional expense to MBC and an increase in annual flows (and related costs) to the City's wastewater facility? (Costs for a cover or roof for the basins at MBC are on the order of $30,000 to $100,000.) Again, on behalf ofMBC, we hereby request your assistance in placing this item on the agenda of the December 18, 1996 City Council meeting for consideration. Further calculations on the evaporation and rainfall impacts are available if desired. Please contact me at (707) 527-0775 or Mr. Don Barkley at (707) 744-1015 should you have any comments or questions. Sincerely, CC~ Candace Horsly, City of Ukiah Don Barkley, MBC Dan Moldenhauer Rick McClish, BDM Construction Co. George Borecky, City of Ukiah BP Bi'Il Phillips, PEr. PRESIDENT Route: GAR Section 3706.4 Settleable Solids Sulfide Grease Toxicity (TLm Bioassay) Detergent (MBAS) Ammonia Phosphate (Total) Boron Chloride Sulfate tO Milliliters/Liter/Hour 0.5 }lilligrams/Liter 75 Milligrams/Liter 25% lO Milligrams/Liter 60 Milligrams/Liter 25 Milligrams/Liter ! Milligram/Liter 250 Milligrams/Liter 250 Milligrams/Liter Prohibited Wastes. .Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following water or wastewaters into public sewers. A. Rainwater or Uncontaminated Water. No person shall discharge or cause to be discharged any rainwater, storm water, groundwater, street drainage, subsur- face drainage, yard drainage, water from yard fountains, geothermal well water, ponds or lawn sprays or any other uncontaminated water into any sewerage facility which directly or indirectly discharges to facilities owned by the City of Ukiah. The provisions of this Section shall apply only to sanitary sewers. Explosive or Flammable Substances. Any gasoline, benzine, naptha, fuel oil, or other flammable or explosive solid, liquid, or solvent with a flashpoint less than 100 degrees F. C. Corrosive Materials. Any waste having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel of the City of Ukiah. D. Obstructions and Interferences. Solids or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interferences with .the proper operation of the sewerage works, such as, but not limited to, ashes, cinders, sand, rocks, gravel, mud, straw, shavings, sawdust, oil, grease, metal, glass, rags, hair, hides, wool, feathers, tar, plastics, wood, unground garbage, paper dishes, cups, containers, etc., either whole or ground by garbage grinder. E. Garbage. Any garbage excepting properly shredded garbage from dwellings or restaurants engaged in preparation of foods and beverages for consumption. Properly shredded garbage shall contain less than five percent (dry weight basis) of material and able to pass a 3/8-inch screen. F. Petroleum Products. Any mineral oils, greases or products of a petroleum origin or any excessive concentrations of nonbiodegradabl~ oil, petroleum oil or refined petroleum products, or cutting oils, commonly called soluble oil, which form persistent water emulsions. G. Suspended Solids. Any industrial process water or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant. Suspended solids discharged in industrial process wastewater shall have a dimension no larger than that of a I/4-inch mesh. ., .... 228 Section 3706.8 Section 3706.9 I. Special A~reements. No statement contained in this Article shall be construed as preventing any special agreement or arrangement between the City of Ukiah and any industrial concern whereby an industrial waste of unusual strength or character may be accepted for treatment, subject to City of Ukiah payment therefor by the industrial concern and subject to such terms.and conditions as might be required by the Di~tr~ct/City. J. Right of Entry. The DireCtor of Public Works, and other duly authorized employees of the District/City bearing proper credentials and identification, shall be permitted to enter all properties served by the City for the purpose of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this Ordinance. Accidental Discharges A. Each discharger shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this Ordinance. ~ere necessary, or as directed by the District/City, retention basins, dikes, storage tanks or other facilities designed to eliminate, neutralize, offset or otherwise negate the effects of prohibited materials or wastes discharged in violation of this Ordinance shall be installed. B. Dischargers shall notify the Director of Public Works immediately when accidental discharges of wastes in violation of this Ordinance occur so that counter-measures may be taken by the District/City to minimize damage to the sewer system, treatment plant, treatment processes and the receiving waters. Such notification will not relieve dischargers'of liability for any expense, loss or damage to the sewer system, treatment, or treatment process, or for any fines or judgments imposed on the District/City on account thereof under Section 13000 et seq. of the California Water Code or violation of Section 5650 of the California Fish and Game Code. C. In the event of accidental discharge in violation of this Ordinance, discharger shall furnish the Dis- trict and City, within fifteen (15) days of the date of occurrence, a detailed written statement describ- ing the causes of the accidental discharge and the measures being taken to prevent future occurrence. D. In order that employees of dischargers be more fully informed of City of Ukiah requirements, copies of this Ordinance shall be permanently posted on bulletin boards of dischargers together with such other industrial waste information and notices which may be furnished by the City of Ukiah from time to time directed toward more effective water pollution control. ~ E. Sewer connections within the discharger's plumbing or drainage system shall be appropriately labeled to warn operating personnel against discharge of any substance in violation of this Ordinance. Chan~es in Pretreatment and Waste DischarRe Requirements The provisions contained herein relating to pretreatment and to prohibited waste discharges and as to limitations and restrictions on waste discharges are subject to regulations by State and Federal authorities and are .subject to the terms and conditions of th~ ;~ational Pollution Discharge Elimination System Permit heretofore ,} ITEM NO. 9c DATE: December 18, 1996 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION OF PROPOSAL BY PARKING AND BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD FOR DISBURSEMENT OF DISTRICT FUNDS FOR 1997. On October 16, 1996, the City Council adopted Resolution 97-31 appointing The Ukiah Main Street Program's Board of Directors as the Advisory Board for the Downtown Parking and Business Improvement District. A brief history of the special assessment district is provided in the staff report, which was also provided to the Council for that meeting (attachment #1). In its capacity as the District Advisory Board, Main Street is required to annually submit for Council approval recommendations on the programs and promotions for which the assessed funds will be expended. Prior to the adoption of Resolution 97-31, these funds had been released to Main Street at their request based upon budget approval only. The purpose in adopting the resolution and establishing this process was to provide a more specific mechanism for Council approval beyond regular Budget adoption and to better comply with state statute requirements. (Continued on Page 2) RECOMMENDED ACTION: Approve proposal submitted by Ukiah Main Street Program for utilization of the Parking and Business Improvement District Funds. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine proposal requires revision and adopt as revised. 2. Determine proposal requires further consideration and remand to staff with direction. Acct. No. (if NOT budgeted): N/A Acct. No.: 260.3701 Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: Ukiah Main Street Program Prepared by: Larry W. DeKnoblough, Assistant Redevelopment Director Coordinated with: Candace Horsley, City Manager Attachments: 1. October 16, 1996 Staff Report 2. Resolution 97-31 3. Main Street Packet 4. Budget Sheet Candace Horsley, Cit~Manager LD:ASRMAIN In addition to the October 16 staff report, staff has attached a packet provided by the Ukiah Main Street Program. The packet includes 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 district funds. The proposal also provides a timetable for release of the funds on a quarterly basis. The majority of funds are received in the first quarter as business licenses are billed at the first of each calender year. Additional funds are accrued in subsequent quarters due to delinquencies and issuance of new business licenses. District monies are identified in the current budget under Fund 260 and projected for FY 1996/97 as $13,500. Main Street does utilize the funds as seed money, leveraging nearly $60,000 in additional private contributions and earnings. The Main Street Program has been an essential partner to the City of Ukiah and Ukiah Redevelopment Agency in revitalizing the downtown. As a primarily privately- supported organization, Main Street is an excellent example of how a public/private partnership can function to accomplish community goals. Staff supports the programs submitted by Main Street for 1997 as being beneficial to the participants in the assessment district and recommends approval of the proposal as submitted. ITEM NO. 9c DATE: October 16, 1996 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION APPOINTING THE UKIAH MAIN STREET PROGRAM BOARD OF DIRECTORS AS THE ADVISORY BOARD FOR THE PARKING AND BUSINESS IMPROVEMENT DISTRICT WITHIN THE CITY OF UKIAH On April 21, 1982 the City Council adopted Ordinance No. 777 which established the Parking and Business Improvement District and Benefit Zone within the area bounded by Henry, Clay, Oak and Main Streets. The purpose in establishing this district was to generate funds for the following: , Decoration of any public place in the area. Promotion of public events which are to take place in public places in the area. The general promotion of business in the area. Although not defined in the Ordinance, it was the City's intent to utilize these funds to establish a local Main Street Program which would implement the goals stated in the Ordinance. Revenues are generated by a 100% assessment on Business Licenses authorized by the majority of businesses within the District. (Continued on Page 2) RECOMMENDED ACTION: Adopt resolution appointing the Ukiah Main Street Program Board of Directors as The Advisory Board for the Parking and Business Improvement District within the City of Ukiah. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine Appointment of Main Street Board of Directors is inappropriate and remand matter to staff with further direction 2. Determine continuation of assessment district is no longer necessary and take action to discontinue the Parking and Business Improvement District. Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: Prepared by: Coordinated with: Attachments: Acct. No.: (if budgeted) Ukiah Main Street Program Larry W. DeKnoblough, Assistant Redevelopment Director Candace Horsley, City Manager 1. Ordinance 777, Establishing Parking and Business Improvement District 2. 1988 Petition requesting expansion of District 3. Ordinance 883, Expanding Boundaries of District 4. Resolution for adoption APPROVED: t, ~.-~'-~~~_.,~ 4:LD:ASRMAIN Candace ~orsley, (~itylManager An expansion of the area was prompted in 1988 by a petition signed by 28 businesses located outside the established boundaries wishing to participate in the Main Street Program. The district area was subsequently expanded in December 1988 to include all the properties identified in the amended Ordinance No. 883 (attached). It is necessary for the City Council to appoint an Advisory Board in accordance with the provisions of the State of California, Streets and Highways Code· The purpose of the Board, according to Section 36531 of the Code, is to provide recommendations through an annual report to the Council as to how funds should be expended. The City Council may approve the report as filed or modify any particular part of the report. The report shall contain the following information: · 2. 3. 4. . Any proposed changes in the boundaries of the District. The improvements and activities to be provided for that fiscal year. An estimate of the cost of providing the improvements and activities. The method and basis of levying the assessment in sufficient detail to allow each business to estimate the amount of the assessment to be levied against their business. The amount of any surplus or deficit revenues to be carried over from the previous fiscal year. The amount of any contributions to be made from sources other than assessments. A resolution appointing the Ukiah Main Street Board of Directors as the Advisory Board is attached. Should the Council wish to continue funding the Main Street Program through the assessment, staff recommends adoption of the resolution which would then require Main Street to prepare and present to the Council the required report prior to disbursement of future funds. 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 2.3 2,1 25 26 27 28 ORDINANCE NO. 777 ORDINANCE OF TIlE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING A PARKING AND BUSINESS DISTRICT AND BENEFIT ZONE. The City Council of the City of Ukiah does ordain as follows: Section 1. Division 2 of the Municipal Code of the City of Ukiah is hereby amended to add Chapter 7 thereto, to read as follows: Section 2604 - Establishment of District. There is hereby established a Parking and Business Improvement District and Benefit Zone pursuant to Part 6, Division 18 (Sections 36500 et seq.) of the Streets and Highway Code of the State of California. Section 2605 - Area of District. The district shall comprise the area described as follows: Beginning at the intersection of the centerline of Oak Street with the centerline of Henry Street; thence Easterly along the centerline of Henry Street and the Easterly extension of said centerline to its inter- section with the Easterly line of State Street; thence Southerly along the Easterly line of State Street to an iron pin designated as "J" as shown on map of a portion of Block 6 in the Town of Ukiah City, made by R. E. Donohue and recorded March 6, 1908 in _the Offi~ce of the Recorder of Mendocino County in Book 2 of Maps and Surveys, Page 2, Mendocino Records; said iron pin "J" being a point in the Easterly extension of the Southerly line of Henry Street; thence Easterly along said Easterly extension of said Southerly line of Henry Street to a point in the centerline of Main Street; thence Southerly along the centerline of Main Street to its intersection with the centerline of Clay Street; thence Westerly along the centerline of Clay Street to its intersection with the centerline of Oak Street; thence Northerly along the centerline of Oak Street to its intersection with the centerline of Henry Street, and the point of beginning. 4 5 6 7 9 I0 I1 13 14 15 16 17 18 19 20 21 23 24 25 ~7 Section 2606 - Assessment. An assessment shall be made upo'n the annual business license tax normally imposed upon each business in the Distric and shall be inme amount equal to 100% of each business license. Section 2607 - Revenue Uses. Revenue shall be put to the following uses: 1. Decoration of any public place in the area. 2. Promotion of public events which are to take place in public places in the area. 3. The general promotion of business in the area. Section 2607 - Benefit Zone. There shall be just one benefit zone which shall com- prise the entire area of the district. Section 2608 - Collection. 1. Assessments shall be due and payable at the time City business licenses are due and payable. 2. The Finance Officer of the City of Ukiah is charged with collection of the assessments. Section 2609 - Enforcement Provisions. Enforcement provisions as provided in Article 6 of the Municipal Code shall apply to the enforcement of this ordinanc including the penalties for violation thereof provided in Sec- tion 2175 of this Code. Section 2610 - Severability. If any section, subsection, paragraph, clause or phras, of this chapter is for any reason held to be invalid or uncon- stitutional by the decision of any court of competent 4 6 7 9 i0 I1 13 14 15 16 17 18 19 21 23 24 25 ~7 jurisdiction, such decision shall not effect the validity of the remaining portion of this chapter. 'The City Council of the City of Ukiah declares that it would have passed the re- maining portions of this chapter if any. Section 2. This ordinance shall be published as re- quired by law in a newspaper of general circulation published in the City of Ukiah. Section 3. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED this 2]$t day of April , 1982, by the following roll call vote: AYES: Councilmembers Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: N0ne ATTEST: fl t City Clerk Mayo '~":~'~ ~"'.~,,-6-.,~..,~ e ~ ~demi~ed merc~u ~d bus~e~ people hereby ~fiti'on ~e ~~ Ci~ :.~. :: '~.~.:,,~.., ~ Co.cfi ~d ~e M~ S~et Bo~ of D~ctom to ~ ~cluded ~ ~e ~ 1693 Do.tom .~pmvement Disfficu We ~demmd ~s c~ge of ~e ~nt ~p ~ m~e us auto- ' ~ ¥,.'~.' ...' · ~fic mem~m of ~e M~ S~et Pm~ ad ~t o~ ~uM ~sessment ~ ~ a dou- }Y-~' . ~ '-. · : b~g of o~ c~nt bus.ess ~ce~e fee (rage is $~-250) co~ected by ~e Ciw of ~~ ,~.~ ·, .,. ' ~d split M~ ~e Ma~ Sxeet Prog~. ~ .~ ~. · .. · .. · - . Address Phone Rf res ed by , i i iii iii i ii i ' i i ScA,B3', . . .: W e the undersigned merchants and business people hereby petition the U'kiah City. Council and The Main Street Board of Directors to be included in the ,,-kB 1693 Downtow'n Improvement District. We understand this change of' the current map will make us auto- matic members of the Main Street Program and that our annual assessment will be a dou- bling of our current business license fee (range is $25-250) collected by the City of Ukiah and split with the Main Street Program. Business Address Phone Represented by , i .. , _ ' iii i I I i i i W e the undersigned merchants and business people hereby petition the UMah City Council and The Main Street Board of Directors to be included in the AB 1693 Downtown Improvement District. We understand this change of the current map will make us auto- matic members of the Main Street Program and that our ,annual asses'sment will be a dou- bling of our current business license fee (range is 5;25-250) collected by the City of Ukiah and split with the Main Street Program. Business Address Phone Represented by ,o i i l~lll _ .33- '" Oh.,4-... r-,--, [0' "~'- ' ' · · · · · · O1',I) I I'IANC E NO. 883 ORD1. NANCE OF 'FILE CITY COUNCIl, OF Tile CITY OF UKIAI1 AHENDINO SECTION 2605 OF UKI^II CITY CODE TO EXPAND TIlE BOUNDARIES OF TIIE PARKING AND BUSINESS IMPROVEHENT DISTRICT WITltlN TIlE CITY OF UKIAII The City Council of the City of Ukiah hereby ordains as follows: FINDINGS: 1. On December 7, 1988, the City Council adopted Resolution No. 89-18, entitled: Resolution of Intention of the City Council of the City of Ukiah to Change Boundaries of Parking and Business Improvement Area. 2. On January 4, 1989, at 7:00 p.m. at the City Council Chambers located at the Ukiah Civic Center, 300 Seminary Avenue, the City Council held its public hearing on the expansion of the boundaries of the Parking and Business Improvement District. 3. Only one written protest was filed prior to closing the public hearing on January 4, 1989, and that protest did not represent a majority of the fees to be generated within the expanded boundaries. 4. In the opinion of the City Council businesses lying within the expanded boundaries of the Parking and Business Improvement District as described herein will be benefited by the expenditure of the funds raised by the assessments or charges to be levied therein. Section One. Chapter 7, Division 1, Section 2605 of the Ukiah City Code is hereby amended to read as follows: Section 2605 - Area of District The district shall comprise the area described as follows: Beginning at the intersection of the centerline of Oak Street with the centerline of Henry Street; thence easterly along the centerline of Henry Street to its intersection with the southerly extension of the west property line of parcel 002-184-18; thence northerly along the west property line of said property to its northwest corner; thence easterly along its north property line to the intersection with the west property line of parcel O02-184-26; thence northerly along the west property line of said property to its northwest corner; thence northerly and westerly along the west property line of parcel 002-184-11 to the northwest corner of said parcel; thence northerly along the west property line of parcel 002-184-31 to its northwest corner; thence easterly along the north property line of said parcel to its intersection with the west propertly line of parcel 002-184-O2; thence northerly and westerly along the west property line of said parcel to its intersection with the centerline of Scott Street; thence easterly along the centerline of Scott Street to its intersection with the centerline of State Street; thence northerly along the centerline of State Street to its intersection with the centerline of Norton Street; thence easterly along the centerline of Norton Street to its intersection with the northerly extension of the east property line of parcel O02-153-28; thence southerly along the east property line of said parcel to the southeast corner of said parcel; thence easterly along the north property line of parcel 002-153-30 to the northeast corner of said property; thence southerly along the east property line of said parcel to its southeast corner; thence southerly along the east property line of parcel 002-153-34 to its southeast corner; thence southerly along the east property line of parcel 002-150-33 to its southeast corner; thence southerly along the east property line cf parcel 002-153-29 to its southeast corner; thence southerly along the east property line of parcel 002-153-27 to its intersection with the north property line of parcel O02-191-14; thence easterly along said north property line of said property to its northeast corner; thence southerly along the east property line of said property to its southeast corner; thence westerly along the south property line of said parcel to its intersection with the east property line of parcel 002-191-08; thence southerly along the east property line of said parcel to its southeast corner; thence a straight line southerly across Smith Street to the northeast corner of parcel O02-192-01; 3'/O thence southerly along the east property line of said parcel, to it.", southeast corner; thence southerly along the east property line of parcel 002-192-02 to its southeast corner; thence southerly alon~, the east property line of parcel 002-192-03 to its southeast corner; thence a straight line southerly across Standley Street to the northeast corner of parcel 002-192-18; thence southerly alon§ the east property line of said parcel to its southeast corner; thence a straight line southeasterly across Perkins Street to the northeast corner of parcel 002-231-01; thence southerly along tile east property line of said property to its southeast corner; thence southerly along the east property line of parcel 002-231-02 to its southeast corner intersecting the north property line of parcel 002-231-09; thence easterly along tile north property line of said parcel to its northwest corner; thence southerly along the east property line of subject parcel to its southeasterly corner; thence westerly along the south property line of said parcel -to its intersection with the east property line of parcel 002-231-27; thence southerly along the east property line of said parcel to its southeast corner; thence westerly along the south property line of said parcel to its intersection with the east property line of parcel 002-231-25; thence southerly along the east property line of said parcel to its intersection with the north property line of parcel 002-231-16; thence easterly along the north property line of said parcel to its northeast corner; thence .~outherly along the east property line of said parcel to its southeast corner; thence a straight line southwesterly across Clay Street to the northeast corner of parcel 002-281-27; thence southerly and easterly along the north and east property lines of said parcel to its southeast corner; thence westerly and southerly to the southwest corner of said property intersecting the northwest corner of parcel 002-281-24; thence ,~outherly along tile east property line of said parcel to its southeast corner; thence southerly along the east property line of parcel 002-281-21; thence a straight line southwesterly across Cleveland Lane to the northeast corner of parcel 002-311-01; thence southerly along tile east property line of said parcel to its southeast corner; thence southerly along the east property line of parcel 002-311-12 to its southeast corner; thence southerly along the east property line of parcel 002-311-05 to its southeast corner; thence easterly along the north property line of parcel 002-311-06 to its northeast corner; thence southerly along the east property line of said parcel to its southeast corner; thence easterly along the north property line of parcel 002-311-07 to its northeast corner; thence southerly along the east property line of said parcel to its southeast corner; thence westerly along the south property line of ,~aid parcel to its southwest corner; thence westerly along tile south property line of parcel 002-302-36 to its intersection with the southeast corner of parcel 002-302-29; thence northerly along the east property line of said parcel to its northeast corner; thence westerly along the north property line of said parcel to its northwest corner; thence a straight line westerly across Main Street to the southeast corner of parcel 002-302-27; thence westerly along the south property line of said parcel to its southwest corner; thence westerly and northerly along the south property line of parcel 002-302-26 to its southwest corner; thence westerly along the south property line of parcel 002-302-17 to its southwest corner; thence a straight line southwesterly across South State Street to the southeast corner of parcel 002-301-03; thence westerly along the south property line of said parcel to its southwest corner; thence northerly along tile west property line of said parcel to its intersection with tile south property line of parcel 002-301-37; thence westerly along the south property line of said parcel to its southwest corner;, thence in a straight line northwesterly across Oak Street to the southeasterly corner of parcel 001-304-03; thence westerly along the south property line of said parcel to its southwest corner; thence westerly along the south property line of parcel 001-304-02 to its southwest corner; thence northerly along a west property line of said parcel to its northwest corner; thence a straight line northerly across Mill Street to the southwest corner of property 001-294-26; thence northerly along the west property line of said parcel to its northwest corner; thence northerly along the west property line of parcel 001-294-27 to its northwest corner; thence easterly along the north property line of said parcel to its intersection with the west property line of parcel 001-294-11; thence a straight line northeasterly across Jones Street to the southwest corner of parcel 001-293-12; thence northerly along tile west property line of said parcel, to its northwest corner; thence northerly along the west property line of parcel 001-293-11 to its northwest corner; thence westerly along tile north property line of parcel 001-293-10 to its northwest corner; thence we..;terly alo,e, the north property line of parcel 001-293-09 to its northwest corner; thence westerly along the north property line of parcel. 001-293-08 to Its northwest corner; thence westerly along the north property line of parcel 001-293-13 to its northwest corner; thence westerly :~long the north property line of parcel 001-293-06 to its northwest corner; thence westerly along the north property line of parcel 001-293-05 to l.t.", northwest corner; thence westerly along the north property line of parcel 001-293-06 to its northwest corner; thence westerly along the north property line of parcel 001-293-03 to its northwest corner; thence westerly along the north property line and property line extension of parcel 001-293-01 to its intersection with the centerline of Dora Street; thence northerly along said centerline of Dora Street to its intersection with the centerline of Clay Street; thence easterly along said centerline of Clay Street to its intersection with the centerline of Oak Street; thence northerly along the centerline of Oak Street to its intersection with the centerline of llenry Street and the point of the beginning. 371 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 Ordinance shall become effective on June 30, 1989. PASSED AND ADOPTED this 1St day of February , 1989, by the following roll call vote: AYES: Councilmembers Wattenb~r~er, Shoemaker, Hickey and Vice-Mayor Schneider. NOES: None ABSENT: Mayor Henderson V i ce- Mayo'r 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPOINTING THE UKIAH MAIN STREET BOARD OF DIRECTORS AS THE ADVISORY BOARD FOR THE PARKING AND BUSINESS IMPROVEMENT DISTRICT WITHIN THE CITY OF UKIAH WHEREAS, in Ordinance No. 777, adopted in 1982, the City Council created the. Parking and Business Improvement District and Ordinance No. 883, adopted in 1988, expanded the boundaries of the District; and WHEREAS, the City Council has established and expanded the District with the ,. purpose of establishing a Main Street Program to assist with downtown revitalization; and WHEREAS, Ukiah Main Street Program, Inc. has appointed a Board of Directors to oversee and direct its operations; and WHEREAS, Section 36531 of the State of California Streets and Highways Code requires an Advisory Board be appointed by the City Council to advise the Council as to expenditure of funds collected within the District; NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby appoint the Board of Directors if Ukiah Main Street Program, Inc. as the Advisory Board to the City Council for the Parking and Business Improvement District. PASSED AND ADOPTED this 16th day of October, 1996, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Fred Schneiter, Chairman ATTEST: Marge Giuntoli, City Clerk 4:Rea:MainSt 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 97-31 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPOINTING THE UKIAH MAIN STREET BOARD OF DIRECTORS AS THE ADVISORY BOARD FOR THE PARKING AND BUSINESS IMPROVEMENT DISTRICT WITHIN THE CITY OF UKIAH WHEREAS, in Ordinance No. 777, adopted in 1982, the City Council created the Parking and Business Improvement District and Ordinance No. 883, adopted in 1988, expanded the boundaries of the District; and WHEREAS, the City Council has established and expanded the District with the purpose of establishing a Main Street Program to assist with downtown revitalization; and WHEREAS, Ukiah Main Street Program, Inc. has appointed a Board of Directors to oversee and direct its operations; and WHEREAS, Section 36531 of the State of California Streets and Highways Code requires an Advisory Board be appointed by the City Council to advise the Council as to expenditure of funds collected within the District; NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby appoint the Board of Directors of Ukiah Main Street Program, Inc. as the Advisory Board to the City Council for the Parking and Business Improvement District. vote: PASSED AND ADOPTED this 16th day of October, 1996, by the following roll call AYES: NOES: ABSENT: ABSTAIN: ATTEST:~M: Councilmembers Malone, Wattenburger, Shoemaker, and Mayor Schneiter. None. Councilmember Mastin. Fred Schncqter, Mayor 4:Rm:Main~t To: From: Date: Ukiah City Council Ukiah Main Street Program · December 13, 1996 Request to Ukiah City Council for Distribution of AB(Assembly Bill) 1693 Funds Table of Contents Proposal Introduction to Ukiah Main Street Program Use of AB 1693 Funds Projects for 1996-1997 Budget 1996 Budget 1997 Current Board of Directors Attachments Page I Page I Page 2 Page 3 Page 7 Page 8 Page 9 Page 10 Proposal to City Council As the advisory board for the AB 1693 District (Parking and Business * Improvement District, resolution 9731) ,The Ukiah Main Street Program proposes that fees collected from the AB 1693 District be used to support the Projects of the Ukiah Main Street Program. If the proposal is accepted, we additionally propose that the City of Ukiah distribute the AB 1693 fees that have been collected by the City of Ukiah on behalf of the Parking and Business Improvement District in the following manner: A check should be sent to the Ukiah Main Street Program at 200 South School Street two weeks after the end of each calendar quarter. The amount of the check should equal all monies collected within that calendar quarter. In addition, an itemized breakdown of each business and amount paid should accompany the check. Introduction to Ukiah Main Street Program The Ukiah Main Street program is a private, non-profit organization which serves the downtown merchants and the Ukiah community by helping to create a thriving social and commercial center in downtown Ukiah. We accomplish this by hosting festive events regularly, enhancing downtown's physical image, preserving its historical buildings and operating from a sound organizational structure. Thriving downtowns are important for an entire community because a vital downtown creates and retains jobs. It increases the tax base and serves as a focal point of community pride all of which increase the qualify of life in the area. Downtowns are the first and strongest impression visitors get of an area. These factors influence personal and corporate decisions to locate in an area. The Ukiah Main Street Program, incorporated in 1986, is part of a network of over 30 California towns and cities and over 1000 towns and cities nationwide. The organization is entirely community funded. The success of our program is evident by the number of volunteer hours (5,400 volunteer hours annually), in- kind & dollar donations ($66,180) and downtown merchant support. We have one full-time staff person and 12 volunteer directors. We maintain 4 working committees: a design review committee (a committee reviewing projects in the City's Redevelopment District), an economic redevelopment committee, a promotions committee and an organization committee. Our office is located in the Ukiah Valley Conference Center and is open every day from 9-5 pm. Our yearly program includes · The Fabulous Flashback Antique Car Show · Holiday Trolley · Tree Lights on School Street · Planter Triangle Program -Shade Trees in the Plaza · Monthly Comedy Shows at Main Street Comedy Club · New Year's Eve Dinner and Dance · Annual Membership Dinner · Cinco de Mayo Street Faire · Memorial Day Downtown Winetasting -Promotional Events for Farmer's Market · Bi-annual newsletter to all Main Street members · A Spring Awning Cleaning · Welcoming new businesses to downtown · Sponsoring other downtown program such as "Visions of Recovery:' & The Pear Cook-off · Quarterly California Main Street Networking meetings and seminars · Concert in the Park Fundraiser Use of AB 1693 Fees The fees from. the AB 1693 District vary slightly each year and amount to between $14,500 and $16,.000/year. This amount accounts for approximately 1/2 the program manager's salary. Therefore this money is used to support 1/2 of her time towards each of the following projects. 10% 10% 2% 2% 15% 6% 3% 15% 5% 5% 2% Program Manager's Time directed towards projects (40 hours per week) · The Fabulous Flashback Antique Car Show · Holiday Trolley · Tree Lights on School Street · Planter Triangle Program · Shade Trees in the Plaza · Monthly Comedy Shows at Main Street Comedy Club · New Year's Eve Dinner and Dance -Annual Membership Dinner · Cinco de Mayo Street Faire -Memorial Day Downtown Winetasting -Promotional Events at/for Farmer's Marke.~ · Bi-annual newsletter to all Main Street members 'Spearheading a Spring Awning Cleaning 2 1% 1% 2% 1% 5% · Welcoming new businesses to downtown · Sponsoring other downtown program such as "Visions of Recovery" & Pear Cook-off · Quarterly California Main Street Networking meetings and seminars · Yearly National Town Meetings '.Concert in the Park Fundraiser Ukiah Main Street Program's Projects 1996-1997 The 6th Annual Fabulous Flashback Antique Car Show & Poker Run The Ukiah Main Street Program, Early Iron Car Club & The Downtown Merchants Association have organized and sponsored 6 Antique car shows in downtown Ukiah. Activities throughout Ukiah are held for 3 full days; Friday, Saturday and Sunday in September. 300 cars entered the show in 1996 and approximately 5,000 people attended the Saturday downtown show. 30% of the attendees were out-of-towners, booking every motel room in Ukiah. This show is known as one of the more fun, hometown shows in the Western US. In the past, there has been discussion about holding the show at the fairgrounds though organizers and showgoers say that much of the success of the show is the fun atmosphere of being downtown amongst shops. The show is in the downtown to stay. Businesses downtown claim this is a big' business weekend for them. · Holiday Trolley This year, The Ukiah Main Street Program, Mendocino Transit Authority (MTA) and The Chamber of Commerce have organized a holiday antique trolley to run for 22 days during the holiday season to shuttle shoppers and riders throughout the downtown, Long's Plaza and the Pear Tree Center. Over 75 businesses pitched in to make this happen. Two weeks into its service, the ridership has surpassed our expectations. An average of 150 people ride the trolley on weekdays and almost 500 every Saturday. About half of the riders are shopping and getting on and off at different locations. The purpose of the trolley is to increase retail sales in Ukiah, stem some of the retail leakage from the area and add to the holiday spirit. An after-holiday evaluation with participating businesses and organizations will determine if we will do this project'again next year. · Tree Lights on School Street Each year the Ukiah Main Street Program purchases white lights for the Chinese Pistachio trees which line School Street. The City of Ukiah's electrical department has strung the lights for the last few years. These lights have gone up for 8 years and have become a tradition in downtown Ukiah. It is truly a striking sight in the evening to see School Street lit up for the holidays. Many merchants and Ukiah residents have asked that the lights remain lit year around. 3 · Planter Triangle Program In 1986 some downtown merchants organized and built 18 cement planter triangles lining School Street and planted them with junipers. These boxes were not maintained and have overgrown to become unsightly. In the fall of 1996 Main Street took on the responsibility of organizing a maintenance program for 6 of these triangles, organized volunteers and replanted the boxes with attractive Iow maintenance shrubs, bulbs and grasses. Money for the plants was donated by the Garden Club of Ukiah. In Spring 1997, Main Street will determine how the maintenance plan is w. orking and decide at that point how to carry on with the remaining 12 triangles. · Shade Trees in the Plaza Main Street board members determined after a very hot summer through observation and discussions with Ukiah residents, that shade trees in our new plaza would increase the use of the plaza therefore increase number of people using our downtown. Main Street sought donations for the purchase of the trees. Six families who have lost children or young adults participated in the program. A memorial plaque is being placed in the plaza dedicating the trees to these children and young adults. Six Raywood Ash trees were planted in November 1996 by the City of Ukiah. · Monthly Comedy Shows at Main Street Comedy Club In 1996 The Ukiah Main Street Program organized 12 top quality comedy shows at the Main Street Comedy Club (Ukiah Valley Conference Center). This event has served as a fundraiser for the program as well a stimulator of our evening businesses such as restaurants and bars. More than one half of the 150-300 attendees eat dinner out in downtown before the event or visit downtown bars after the event. Six downtown restaurants have sponsored the shows by offering free coupons for dinners for two, coupled with tickets for two to the next comedy show. Non-profit organizations have sold raffles tickets for this prize to raise money for their organizations. In addition, the event shows off our new conference center. In 1997 Main Street will hold 7 comedy shows and not open the club during the summer months. .. · New Year's Eve Dinner and Dance 1996 marks the third year that Main Street has organized a black tie, 5 course New Year's Eve Gala in the Conference Center. This is our biggest fundraiser of the year. This year's theme is Greece with dining and dancing on the Acropolis Iookincj over the city of Athens. Many businesses come together to sponsor this event to make it a very special evening out. It has sold out for the past 2 years and we anticipate selling out this year as well. 4 · Annual Membership Dinner We will hold our annual membership dinner in February 1997 at which we will announce our newly elected officers, introduce new board members and inform ali of our members about new and ongoing programs that benefit them. · Cinco de Mayo Street Faire This free downtown festival draws approximately 2,000 people downtown to celebrate a Mexican Holiday the first week of May, enjoy live music, food, free children's activities and to buy arts/crafts etc. The Concilio Latino-American of Mendocino County and the Main Street Program band together to make this a fun street faire. · Memorial Day Downtown Winetasting The Main Street Program has organized and sponsored a downtown winetasting every year since the program's existence. The event has grown in popularity and more merchants than could be accommodated requested wineries to pour in their stores in 1996. The event is well-supported by merchants who look forward to showing off their stores as well as making sales after the slow winter months. Participants buy a commemorative wine glass which enables them to taste the wine from 23 Wineries who pour their wine inside of 23 merchant's stores. Music and talent stroll the street's along with 1000 Ukiahians and visiting tourists. · Promotional Events at/for Farmer's Market The Redwood Regional Farmer's Market Association approached Main Street Program in 1996 asking for help in making the downtown farmer's market more popular. We organized two cooking demonstrations by famous chef Giovanni Leoni who brought an additional two hundred people to market. We also helped the market develop a mailing list and blocked off the street for them each week. Although beneficial to the downtown bring at least 350 people downtown each week, Main Street has not yet decided if it can afford to continue promoting the market for 1997. · Bi-annual newsletter to all Main Street members The Ukiah Main Street Program produces and distributes a newsletter twice a year which is hand delivered to all members. This is also an opportunity to chat with merchants about their concerns and needs. · Spring Awning Cleaning In Spring of 1996 Main Street spearheaded a Spring Awning cleaning for downtown property owners. We negotiated a deal with local cleaners who offered a discount to ali Main Street Members. Thirteen dusty, stained awnings were cleaned this year. · Welcoming new businesses to downtown Alongside Madelin Holtkamp of the City of Ukiah Business Development Center, The Main Street Program manager welcomes new businesses to our downtown, informs them of our programs, and lets them know about ways to get involved. · Sponsoring other downtown programs such as "Visions of Recovery" & Pear Cook-off In 1996, The Main Street Program worked with Visions of Recovery a group of Ukiah dedicated to bringing entertainment and workshops to the individuals in the community recovering from Drug, alcohol and other addictions. In addition we sponsored the 1st annual Pear cook-off held inside a downtown bakery. · Quarterly California Main Street Networking meetings and seminars Each year the Main Street Manager and board members attend quarterly networking meetings of the California Main Street Program, a network of over 30 towns and cities. Workshops and seminars about downtown issues fill-up the three day conference. · Concert in the Park Fundraiser Each year, the Main Street program sells beer and wine at the 6 Concert-in-the -Park held at Todd Grove park in Ukiah. This serves as a fundraiser for our program. · Yearly National Town Meetings In April 1997, the Main Street Manager will attend a national Town Meeting in Portland Oregon. This is a networking meeting of over 1,000 Main Street towns and cities in the Nation. The theme of this year's meeting is "Livable Communities" and will feature many West Coast examples of revitalization strategies that work. 12/11/96 Budget 1996 Budget Report January through December 1996 Jan - Dec ... __ Income AB 1693 16.000.00 ANNUAL DINNER 1,227.00 BANK INTEREST 210.00 CAR SHOW ! '~nr, CONCERT / PARK 8.000. MAIN STREET COMEDY 30.000 0O MARK L 75u.uu MEMBERSHIP 1.000.00 NEW YEAR'S EVE 17.000.00 PROPERTY OWNERS 2,000.00 STREET FAIRE 4,600.00 TROLLEY 6,600.00 WINE TASTING Total Income 90.1,97.00 Gross Profit 90 Expense ACCOUNTING FEES ANNUAL DINNER EXPENSE BANK CHARGES BONUS SALARY BROCHURE EXPENSE CAR SHOW EXPENSE CONCERT ! PARK EXPENSE DUES / SUBSCRIPTIONS FEES INSURANCE MAIN STREET COMEDY CLUB MEDICAL INSURANCE NEW YEAR'S EVE EXPENSE OFFICE SUPPLIES PAC BELL Payroll Expenses PAYROLL TAX PAID POSTAGE / COPY RENT sales tax SEMINAR EXPENSE STREET FAIRE / CINCO DE ... TRAVEL TROLLEY EXPENSE WINE TASTING EXPENSE Total Expense 1,300.00 765.47 25.00 1.500.00 243.46 ! ~300 O0 1,70000 ~. ~'~ 465.00 I. 150.00 21.80O.OO 948. O0 11 500 aO00 26,215.00 2.600."'"' !, 700.00 ,..,. , -'0. O0 840.00 868.00 3.684...,,~ i kJ,..J. ~'~.~ 5.200 O0 1,300.00 89.453 93 Net Income 733.07 ~ge? , ~, 12/11/96 Budget 1997 Budget Report January through December 1997 Income AB 1693 ANNUAL DINNER BANK INTEREST CAR SHOW CONCERT / PARK FOWLER MOTORS SPONSORSHIP MAIN STREET COMEDY MEMBERSHIP NEW YEAR'S EVE PROPERTY OWNERS STREET FAIRE TROLLEY WINE TASTING Total Income Gross Profit Expense ACCOUNTING FEES ANNUAL DINNER EXPENSE BANK CHARGES CAR SHOW EXPENSE CONCERT / PARK EXPENSE DUES / SUBSCRIPTIONS FEES INSURANCE MAIN STREET COMEDY CLUB MEDICAL INSURANCE MISCELLANEOUS EXPENSE NEW YEAR'S EVE EXPENSE OFFICE SUPPLIES PAC BELL Payroll Expenses PAYROLL TAX PAID POSTAGE / COPY RENT sales tax SEMINAR EXPENSE STATE COMPENSATION INSURANCE STREET FAIRE / CINCO DE MAYO TRAVEL WINE TASTING EXPENSE Total Expense Net Income Jan - Dec '97 16,000.00 1,300.00 170. O0 2,552.00 6,000.00 2,400.00 17,150. O0 590.00 17,0O0.00 2,000.00 4,640.00 1,500.OO __4,000.00 75,302.00 75,302.00 1,000.00 765.00 25.00 1,500.00 1,775.00 315.00 275.00 1,200.00 11,865.00 869.00 150.00 11,340.00 1,000.00 120.00 28,125.00 2,900.00 2,000.00 3,182.00 500.00 1,000.00 256.00 3,185. O0 250.00 688.00 74,285.00 1,017.00 Page I 1996 · . 462-8649 Sheridan Malone Marathon Auto 213 S Main Street Ukiah, CA 95482 1997 463-5359 Thom Parducci, ~ie~. 501 Parducci Road Ukiah, CA 95482 1998 468-0985 Donna Berry ~Z)/~ Cononiah Vineyards 2701 Mill Creek Road Ukiah, CA 95482 263-7377 Pat Harbin PO Box 437 Ukiah, CA 95482 462-1157 463-6221. Larry DeKnoblough/'~-D 300 Seminary' Ave. Ukiah, CA 95482 468-O23 t Rick Hansen, Pres. The Palace Place 102 S State Street Ukiah, CA 95482 463-6613 Paul Shimmin, Treasurer PO Box 3600 Ukiah, CA 95482 462-1072 Dennis Denny 1601 Deerwood Drive Ukiah, CA 95482 463-6729 Kris Rasmussen, manager 200 S School Street Ukiah, CA 95482 468-1421 265435 Guillermo Zazueta Kathy Fowler, promotion chr. Rack 'em Up Billiards & Darts Kathy Fowler Chevrolet 401 S State Street 325 20th Street Ukiah, 'CA 95482 Lakeport, CA 95453 462-6296 Dede Ledford / D lq, PO Box 190 Talmage, CA 95481 263-1551 Kenn Cunningham KNTI 75 4th Street Lakeport, CA 95453 THE UKIAH MAIN STREET PROGRAM presents New Year's Eve Gala-Greece DECEMBER 31, 1996 UKIAH VALLEY CONFERENCE CENTER Dine on the Acropolis overlooking the beautiful city of Athens Event Design and Impl'ementation by Grivette Interiors Fountains courtesy of Friedman Bros., Ukiah Fine Wines compliments of Mendocino Wine Grower's Alliance Fine Alambic Brandy compliments of Germain-Robin Ales provided by Mendocino Brewing Company Shuttle Bus- MTA Ukiah New Car Dealer's Association Menus and invitations produced and distributed by Fetzer Vineyards R.S.V.P. 463-6729 The Ukiah a]4am Street 2Vro~ram and the Co££ee ~riric present a cooking demonstration by Tuesday, August 6 at 4:00 pm at the downtown Farmer's Market :¢ Tomato salad with goat cheese :~tuffed oriental eggplants with bell ~ peppers Free! . .eta.aU tomato with tuna fish Tasting too! .Qu~c~ ~oma~o ~auce =~Strawberries with honey and ~balsamic vinegar MUSIC BY THE STRING CREEK BAND -BROU6HT TO YOU BY KNTI RADIO Alex R Thomas, Jr Plaza Downtown Special thanks to Rossavick Family Farms Sky Hoyt Speciality Growers Cinnamon Bear Farms Richard Wood Marimax Farms El Sombrero Restaurant Pico De Gallo #1 &//2 Super Taco · Nuestra Casa Mendocino Brewing Company Mascarn entre Sombras Mariposa School · Potter Valley School Frank Zeek School ° Ukiah High School Oak Manor School Forks Theatre Navaho-Churro 4H Capoiera Yokayo All About LooksTM California Conservation Corps Ukiah Solid Wnste And =nfts Traditional Mexican food gnowcones organic fruit shakes hot dogs Kids are important Activities for kids include: FREE mask making petting zoo balloon tying face painting carnival games. KBBF Sonido Jacinto Mafia Fincher Cunningham family & Mike Andrade Ukiah Valley Community Arts The Mexican Consulate, San Francisco 3:30- Winnen of SahaTas~ Con.at i i -- i '~?~': ': .:~ ,~-.:,~ r.~, ~ .on[ at o :e :'. eno oc!no,,~rograma cie ~l~ain Street, Asociad6n de Comerciantes Del Centro De Ukiah presenta. · ,. de El Sombrero Restaurant Pico De Gallo tgi & tg2 Super Taco · Nuestra Casa Mendocino Brewing Company Mascara entre Sombras Mariposa School · Potter Valley School Frank Zeck School · Ukiah High School Oak Manor School Forks Theatre Navaho-Churro 4H Capoiera Yokayo All About LooksTM California Conservation Corps Ukiah Solid Waste Sonido Jacinto Maria Fincher Cunningham family & Mike Andrade Ukiah Valley Community Arts El Consulado Mexicano, San Francisco 10:.30- Desfil~ de Cinco de Mayo I 1:30- Festival Opening Mayor Schneider 11:45- Frank Zeek Ballet Folldorico 12:00- Concurso de Salsa & lntroduccioo de Concursantes a Srta. Mexico 12:15- Mariachi .lalisco 2:00- All About Looks Show de talenfo y Trajes Tipicos Mendocino Ballet Folkiorico 3:00- Ballet Folklorico de Ninos 3:30- Ganadores del Concurso de Salsa Actividades para Ninos: Hechura de Mascaras mini zoo juegos de carnival y balloons KBBF KNTi 99.5 FM _ ~ ............ ' ~ · ~ ~: ~'. ;: ; ':~ :.- '~'~"'"'::~ : .' ~ Po~ler~ ~ Co.efta ~e Su.inu~ Bunk Good Ne~s from the Lf~ah Main Street Program Fall 1996 200 South School Street Ukiah. CA 95482 707-463-6729 (Upcoming Events ) ..... A Holiday Tlleme fo~' 6th Annual Fabulous Flashback Car show and Poker Run See over 350 antique cars on historic School Strcct in downtown Ukiah September 20, 21, & 22. Pumpkin Fest October 26 & 27 This is a big downtown street faire celebrating Fall and pumpkins. The Chmnber of Commerce encourages business to stay open on Saturday and Sunday ! Farmer's Market Ever3' Tuesday from 3-6 pm in the Alex R Thomas Jr. Plaza through October. Spec~al Thanks Main Street would like to especially thank Giovanni & Micheilc Leonni and The Coffee Critic for the fabulous cooking demonstrations at thc Farmer's market this year. Thank you ! ThankS' to Don Knight at Speedy Signs for his work on Comedy Club signs and Holiday Trolley signs! Street Closures Saturday September 21. School Street will be closed from Smith Street to Seminary Ave from 5 am until 5 pm.. Saturday & Sunday October 26 & 27.School Street will be closed from'Perkins to Seminary from 5am until 5pm. Please remember that strcct closures means that 'all side streets arc closed from State Strcct to Oak Strcct. Holiday Trolley Would you like to have thc cute antique trolley that camc to town in May back for thc holiday season'! Read other side for details! Downtown Retailers Main Street has invited marketer Rcne Chappellc to Ukiah on October 17, Thursday (5:30-7:30) to give a presentation on how to unite our downtown theme of "Small Town Christmas & There's no place like home for the holidays". The focus of her presentation will be on visual merchandising and using window displays to create the small town theme for Uldah. The following day she will offer 8 one hour site visits to individual merchants offering suggestions for 5'our store. Using creative merchandising and great customer ser¥ice. downtown can compete with the "Big Guys" and quickls' come out on top. In the current retail market Rcne Chappcllc knmvs you need more than a nice store with nice displays. You NEED TO STAND OUT IN THE CROWD OF RETAILERS WITH A LOOK calling targeted customers to spend moncy in 5'our store. Rene has been in the retail gift and clothing business over twenty years as a small store buyer, store owner, consultant and nationally recognized display designer and merchandiser. She has given presentations at the Seattle Gift show, Dallas gift show and Chicago Women's and Children's Market. In her presentation Rene will show us how to dramaticalls' change the look of a window display using the same merchandise over 15 times! All her displays can be created for under $40 and sometimes only $5. Call now if you will be attending the presentation or would like a hands-on site visit of your store. 463-6729. Tickets to the presentation arc $7 and the cost for a one-hour site visit is $35. Deadline is September 20! New Business Corner Welcome to the new businesses who have located in our downtown. Drcam Weaver's 'Candy and Gifts fealunng Mrs. Burden's Gourmet Chocolates Chris and Melissa Phillips, oxvners 541 South School Garden Court John Ryan and Mm'in Butler ! 16 North School Strcet Garden Court is a beauty ,'~don, boutique and antique store. John and Marxin have the largest beauty store in Lake County' and arc h~_~king forward to their second ltx:ation. John hnq 9 cosmetology licenses and has been the Styles Director for Neiman Marcus. Charles Ri~ and Eli~,abeth Ardcns. Stop by. inmxtucc yourself and .sa5' hello! __.--- Holiday Trolley Mendocino Transit Authority and The Main Street Program received an overwhelming positive response to the trolley that visited town in May for the CALAct conference. Along with the Chamber of Commerce we are arranging for a Ukiah Holiday Trolley that would run 6 days a week, 4-$ hours a day for 4 weeks beginning November 29th and ending December 24th. The route would include Downtown Ukiah (Scott to Clay Streets), Pear Tree Shopping Center & Orchard Plaza and would pass in front of your store 2 times an hour or 8 times a day. The trolley would be free for riders. This will add fun and excitement to the holiday season, create a sense of community pride and attract retail business to Ukiah. The cost of the trolley will be covered entirely by sponsors. Sponsorship opportunities include a $35 donation, $100 donation, $500 & $1000 donations. Call now if you would like to pitch in to make this happen. If we don't hear from you, you will see Kris Rasmussen (Main Street) and Elizabeth Brazil (Chamber) soon! What ever happened to the Block Captain? Block captains used to distribute flyers to downtown businesses .in their block informing businesses of upcoming events and downtown news. Not all block captains could distribute all the time so as a result, only half of our downtown businesses got their information. And of those half, only half read it. We are now going back to newsletter format distributed by one group or person to get the news out. Read it! It contains important information about your downtown. There is no excuse for not knowing what is going on downtown! Thank you to former block captains for carrying out their duties: Bethany Prader, Kathy Starbuck, Galen Fife, Guillermo Zazueta, Alice Higginbottem, Joey Thompson, Frank Short, Chris Swan, Wynn Nelson, Judy Waterman, & Tdcia McCurdy Planter Triangles on School Street The Planter triangles on School Street need attention. Main Street is working with Dave Cooper, Boy Scout troop #46 and local nurseries. We will begin planting 6 triangles in the Fall. We are planning on removing the junipers m~d planting attractive plants such as lavenders, ground covers and bulbs. Of course these triangles will require maintenance including annual trimming back, weekly picking up of cigarette butts and other trash and occasional watering during the hot season. (The drip system does work.) Kris is asking those who have triangles in front of their businesses if they will agree to a long term maintenance contract. A brass plaque will be screwed into each triangle stating the business who has "adopted" the triangle. Thus far, Incognito/Hot Potato, Hiram Jewelers, Poma TV, Main Street Program and Mendocino Bounty have agreed to maintain the planter triangles in front of their respective stores. Please let Kris know if you would like to maintain the planter in front of your store or if there are special plants in the planter that you would like to keep. Main Street Comedy Club Main Street Comedy Club Saturday, September 28 at 8:00 pm at the Ukiah Valley Conference Center. Tickets $10 in advance or $12 at the door available at Mendocino Bounty, 200 S. School Street. Guess the name of this comedian and win two free tickets to the. next Main Street Comedy Club September 28. First caller wins. 463-6729. Got News????? Any information you would like included in the newsletter, call Kris at Main Street 463-6729. -I 0 3: ~ - 0 ~ ~ o 0 ~ 0 U1 HO I"11 :Z """1 I'll ~3 - 0 Z id U Ul Z Z s~ 0 U U m z ~1 m UKIAH MAIN STREET PROGRAM 200 South School Street Ukiah, CA 95482 Main treet Come Club A stand up co,nedy show presented by the UIdah Main Street Program, a non-profit for downtown revimliTation Mature audience suggested Ukiah Valley Conference Center Saturday, October 26, 8:00 pn~ Comedy Club Dinner Special for 2 Rm., .,,enuoc~no Steak and Salad only Doors open at 7:00 2 Steak and Chicken Dinners plus FREE bottle of champagne plus discount tickets to comedy show Call 468-0975 for resv. 404 E Perkins~ Stop by early for "Jesse Crumb and the Crumb Family Show" at The Moonlight Framer & Gallery, 200 South School St Three Great Comedy Acts Carla Carmonv Shvama Lord Carrett Opener Feature Headliner Ticke[s available al Mendocino Boun[y 200 SouH~ School Sweet (~;all 463-671 I or 463-6729 SI 0 in aOx'mme. S 12 ,~r ri~e door AUTO CENTERS ~ FOWLER AUTO CENTER I~ N.~ ~. · U~I.%i{ 468-0101 · 14]00-287-0107 Special Thanks to our sponsors!!! Ken Fowler Auto Center Mendocino Steak & Salad Main Street News KNTI, Q106. KUKI & KWINE The Ukiah Main Street Progranl presents Downtown Ukiah 6rnhd l he b Beer Tndlhg Kveht Friday May 24, 1996 Enjoy wine, beer, waters, food and hosl)Itality from Anderson Valle~l Brewing ~ompan9 I Above tastes Inside at [. corresponding merchants!!![ Glasses & maps available for $12 the'day of tasttng outside of Toppers at 301 North School Street and outside of Incognito/Hot Potato 290 South School, Call 463-6729 for more information THE DAWG POUND DELIGHT WILDBERGER'S MARKET HABITAT THE RUBY SLIPPERS TOPPERS MENDOCINO OPTICAL COMPANY HEIDI'S YARN HAVEN THE GARDEN BAKERY MAKING WAVES INCOGNITO / HOT POTATO HIRAM JEWELERS THE BOOKWORM SCHA'I"S COURTHOUSE BAKERY ESPRESSO ~P CAFE TRIPLE .S CAMERA TiE ~NO BOOK C:C~PANY THE PALACE PLACE BRAHMA BULL MUSIC POMA TV CREATIVE GLASS THE PALACE PLACE M~nbool / C°L~rI I -~IUItE MUSIC DONdMO ~Y 'Singing & Swinging" Sweet Adelines Quartet Keith Kinder singer songwriter Ivory Palace Piano The Jazz Gtuartet Ukiah I-rgh School MIME_ AND_ M~$1¢ SIXTH ANNUAL · : !'abulous 24ashback Car Sh AND Poker Ru SEPTEMBER 20, 21 & 22, 1996 DOwNTOwN UKIAH'S NOSTALGIC SCHOOL STREET PRE-1970 VEHICLES ONLY . Pre-registered entries only. No day of event entries will be accepted. ' -- ! REGISTRATION INFORMATIONca(u.70:' J~746 3-248 3 FOR MOTEL/LODGING INFORMATION L: (.7 ). 462-4705 · : If you've Entered before, or Are on our Mail list, y~J'll.rec£iv[ your Entry IollM in may. FRIDAY ~CRUZIN' FOR BURGERS" · Fosters'Freeze Parking Lot Extravaganza SATURDAY ~CAR SHOW" · Ukiah Host lions Club Pancake Breakfast Ukiah' California 95482'~ '-.'Miracle Mile'Cruise · · BBo Dinner .. ~i,~,. ~: POKER RUN" e.o. Box ~0~~ ' "-' ~'' · Prizes ACTIVITIES SCH EDU LE FRIDAY, SEPTEMBER 20t" ~ ' "CRUZIN' FOR BURGERS" ~' · McDonald's Classic Car Kickoff 4:00-6-30 p.m. Newly opened N. State St. location ! 310 N. State St., corner of State and Empire Hospitality check, in, featuring a live oldies DJ, raffle and contest prizes, photo of your car, plus much more. · Fosters Freeze Parking Lot Extravaganza 6-30-10:00 p.m. I~e~e, ~o parking before 5:30 p.m.) 749 South State Street, Yokayo Shopping Center Live music and dancing, trophies and dash plaques, T-shirts and much more. SATURDAY, SEPTEMBER 21 St "CAR SHOW" r,~ s'r~t,¥ ~ -Ukiah HOsT Lions Club Pancake Breakfast ~ ,~~,.~, 7:00-11:OOa.m. _ ~ l! ~ ~'" Parking LoT, N.W. corner, Smith and School Streets u.~. a r~aor~ ~, ~~,~ ~ Pre- Registered Check, In 7:00-10..00 a.m. £:~T_E_]~_I'_~~? ~.~'xN 500 Block SOuth SchOOl Street (NO parking priorto 7:OO. '°~'~°~- ~°~'o ~~* ~ ~ · Show and Shine 10 a.m.- 2:30 p.m. HOT COUNTRY. BIG 8AND ~, SWING 'O,D,~S ~ut oooo,~s.,- ~ Downtown's Nostalgic School Street oEntertainment/Costume Contest 11.45 a.m.- 12-30 p.m. Newly completed Alex R. Thomas Jr. Downtown Plaza Contests open to the public ~ prizes. · Judg!ng 2.. 30- 3:30 p.m. Dealer s Choice, Car/Costume and Car Hop Tray ~- ~~-'~~----'~h Participant Ballot, Deadline 1:30 · Awards and Prizes 3-30,4.45 p m ~:~(~ ~ .... ._._~._~,~_.. so/~o r~,~ .... -~~,~j~~,,"miracle Mile Cruise 4:45-6:00 p.m. ~l~~i~ State S, tr,,e, et -- Tune to KUKI ,} 400 A,M on your radio dial for Chuck Savage s Blast From The Past cruzin oldies special. :~=d~x I)o~0,~ M:~~ ~BBQ Dinner 6:00-8.00 p.m. Todd Grove City Park SUNDAY, SEPTEMBER 22 REDWOOD TREE . SERVICE STATIONS, INC. "POKER RUN" 859 N. State St. Ukiah, CA U KIAH · Pre- Registered Check-In 8:00-9:00 a.m. Raley's Crossroad Shopping Center · Continental Breakfast 8:00-9:00 a.m. Free donuts, coffee and juice Sponsored by Ukiah AuTO Dismantlers · Poker Run 9:00 a.m.-12:00 Noon Additional Poker Hands $ 5.OO each. s and Prizes 12:00 Noon Grand Prizes valued over $1,OOO.OO. U.KI.AN...MAINST.REET..PROGRAM.pre~en.ts .................. ' ...... ............... _ _ _ : :::::::::::: .............. " ............................................................. at the "~-~::~'~.-~:: NEW~ YEAR'S EVE GALA CELEB~T!~ON'"'::-:~:.:~.~::.::: ..~:?.:.~. '?:':." :~ESDAY, DECEMBER 31, 1996. ". :' .~ ........... ~.~ .. ':' .. AT'THE. UK~H VALLEY CONFERENCE CE~ER'.:~:~:.~.:.:'~'~:~ '::::~.:.:: ..... :-..~..:.::~:~: ....... ..... : :~ ::~.. :::::::::::::::::::::::: . Fi~ Wi~ & S~nu -- 6:30 p.m. ~:::: ': ~ :. :: ? ~ Five C~=e Dining ~ 8:30 p.m. ~. :':::~:'""'::~:~::~::~ .'.. ...": ~t~' · ~ .: Ring In the New Year Midnight to ?? ' ::~: ~::: "'::' ::::::' . LI~ MUSIC ALL E~~G :~ '~" '"' :.?::~':. ~:~ F~E MTA RIDES · ~ :"~:~:'.'. ?:':':~::~':':.:~::'::'~ .'.- ~'?: · SINGLES T~LES AV~~LE :.~::'~:.::~:' "~?-~:-'::~::~ ~'~::~?:"". :.-:"~: ::: '... :..%::':.:..:... TICKETS: $60.00 p~ person* .::~'" ?:":~:': '": ..........' .......~ "~:~ 'D=ss: B~CK~IE O~IONA~?~:~:~':' .......................................................... ..... -....:..-...:-:..:-:': :': :':: :-:..-.-:'.:.:... ...... ...:.2.......-....-...-.:.-.-...-.... :... :: .~..:.: :. ........ ~u.m.'-O~..E~.-M~u~.....-..:...-.-.-..::-:....-.-.-~-.:....: :. ......... ...:::.:....: .................................................. :..:-. :~....:::-:.:......~..:..-~.¥...;. ~. :..:~....~.::~:..:..:~ .:.~.:..:.::::.:.?..~..:::.~:.::::.:.:(:::~:?:.:.~':::':t.:::..:.:'::. ~. ~.' .:: :~: .~..~¥::. ~:~ .~..:~:~.::.::~::..~.~::.:..~..:.::::~..::.:.:.::'.::.:::.:~.:.~:.~.~::.~.~::~:~.:~.:.~..:~...:.:.::~.::~'?..:~..:.~:.''¥.:?~:.:;..:.:~:~. ================================================== Hors d' oeuvres ~ Hopland Sho-ka-wah Casino Appetizers ~ National-Bank of the Redwoods Greek Salad Doug Denny Bicycles Cha~mpagne Sorbert ~ Redwood Valley Cellars Filet & Lobster ~ Rainbow Construction Assorted Desserts ~ KXBXoQ 106 Gourmet Coffees ~ The Coffee Critic Sparkling Wine Served at Midnight (No host bar) Event Design and Implementation by Grivette Interiors Fountains courtesy of Friedman Bros. Ukiah Fine Wines compliments of Mendocino Wine Grower's Alliance Fine Alambic Brandy compliments of Germain-Robin Ales provided by Mendocino Brewing Company Shuttle Bus-MTA ~ Ukiah New Car Dealer's Association Menus and invitations produced and distributed by Fetzer Vineyards MAIN STREET'S NEW YEAR'S EVE GALA 6:30 p.m. TUESDAY, DECEMBER 31, 1996 UKIAH VALLEY CONFERENCE CENTER--UKIAH, CALIFORNIA Yes, I will attend. Enclosed is my check for.____ tickets at $60 per person. I will be joining the .party/table. (tables of eight) No, I will not be attending; however, keep me on the Main Street mailing list. NAME ADDRESS CITY STATE ,ZIP For more information, please call Kris at (707) 463-6729 The Mendocino Transit Authority The Uktah Chamber of Commerce & The Uktah Main Street Program t'?c.~ent t/~c 1996 Holiday Trolley FREE RIDES! Paid for by the following businesses. T'lcase cons/der them/n y,,ur l~alida~.' shapp/na. Long's Plaza All Merchants of Pear Tree Shopping Center Under~vr /rers Downtown Merchant's Assn. Rainbow Ag Ukiah Valley Medical Center Louisiana Pacific 5ubsranri.al fundln~ Allied Bank Savings Bank Uklah Daily Journal .3faiar Sponsors City of Ukiah The Coffee Critic Espresso Stop Cafe Hiram's Jewelers Incognito/Hot Potato The Palace Place Mendocino Steak & Salad KUKI National Bank of the Redwoods KNTI Visual Identity Pnnting Wendy's Sponsor,s,, The Bookworm The Dragon's Lair Fantasy Stills by Kimarie Hiatt Consulting Mason & Morrison Mendocino Book Company Moonlight Framer Mendocino Power Company The Ruby Slippers Rack 'em Up Bilhards & Darts Castle, Siege, Games Garden Bakery Habitat Making Waves McNab's Men's Wear Mendocino Bounty The Paper Cottage POMA TV Ukiah Pawn Shop Yester-Days :.. :.:.:.:: ;.:.:.:.: ..:.:. ':i:i:i:!:i ============================ ::::::::::::::::::::: ~ ::i:2:i:':i;:: i.:; i · ............... ..... ........... ;.:-: :.:.:.:.:-'..t. ,:.:.:.:.:.:~:.:.:.:. : :.:.:,. .:::: ~ :::;:': :.: ::':: ;::' ITEM NO. DATE: December 18, 1996 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION APPOINTING CITY CLERK TO FILL THE TERM EXPIRING NOVEMBER, 2000 Staff has completed the personnel recruitment process for the City Clerk position. We had two applicants for the position, both of whom were very well qualified. One applicant has withdrawn for personal reasons. The remaining applicant, Colleen Henderson, is scheduled to participate in an interview with the City Council on December 18, 1996, at 6:00 p.m. The screening process for this position consisted of an oral board interview and a practical minute-taking test. The test was included in the process to allow the City the opportunity to screen the applicants based on their ability to perform the essential function of taking meeting minutes. The minutes which were submitted by Mrs. Henderson are attached for the Council's review and consideration. Additional information will be provided to the Council during the interview session. Staff recommends that the City Council, after having conducted its interview of the applicant, consider her appointment to the City Clerk position. In the event the City Council desires to appoint this applicant as City Clerk to fill the term expiring November, 2000, Staff recommends adoption of the attached resolution. RECOMMENDED ACTION: Consider City Clerk Applicant and Adopt Resolution for Appointment. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Do Not Adopt Resolution. 2. Refer to Staff for additional information. Appropriation Requested: N/A Citizen Advised: N/A Requested by: N/A Prepared by: Kari Revheim, Personnel Officer ~ Coordinated with: Candace Horsley, City Manager Karen Yoast, Executive Assistant Attachments: 1. Proposed Resolution for adoption. 2. Applicant's submittal of minutes. APPROVED: 3:P~RXC,.~RK2 Candace Horsley, ~ity Manager 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH MAKING APPOINTMENT TO FILL THE VACANT CITY CLERK POSITION WHEREAS, there were no candidates submitting nomination papers for the vacant City Clerk position for the November 5, 1996 General Election; and WHEREAS, the City Council directed Staff to conduct a personnel recruitment process to fill the vacant City Clerk position at its October 30, 1996 meeting; and WHEREAS, the personnel recruitment and screening process has been completed and the City Council has conducted its interview with the City Clerk applicant; NOW, THEREFORE, BE IT RESOLVED that Colleen B. Henderson is hereby appointed to the four-year term of City Clerk which expires in November, 2000, effective January 6, 1997. PASSED AND ADOPTED this 18th day of December, 1996, by the following roll call vote: AYES: NOES: ABSENT: ATTEST: SHERIDAN MALONE, MAYOR MARGE GIUNTOLI, CITY CLERK 3:PER\RE$.CL~RK MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH- December 4, 1996 The City Council convened in a regular meeting in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California, the agenda for which having been legally noticed and posted. Mayor Schneiter called the meeting to order at 6:30 p.m. 1. Roll Call Roll was taken by City Clerk Giuntoli. PRESENT: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. ABSENT: None. Staff present included but was not limited to: Public Utilities Director Barnes, Community Services Director DeKnoblough, City Clerk Giuntoli, Assistant City Manager Harris, City Manager Horsley, Public Safety Director Keplinger, City Attorney Rapport, Personnel Officer Revheim, Planning Director Sawyer, and Senior Planner Stump. 2. Invocation/Pledge of Allegiance Mayor Schneiter gave the invocation. Allegiance. Councilmember Shoemaker led the Pledge of 3. Approval of Minutes - Regular Meeting - November 20:1996 M/S Malone/Mastin to approve the Minutes of the Regular Meeting of November 20, 1996 as presented. The motion carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger and Mayor Schneiter. NOES: None. ABSTAIN: Councilmember Shoemaker. ABSENT: None. . St~ecial Order of Business · a. Adoption of Resolution Declaring Results of Municipal Election of November 5, 1996 and Sweating in Ceremony for Mayor Sheridan Malone, Councilmember Kristy Kelly, Councilmember Phillip Ashiku, and City Treasurer Alan (sic) Carter City Manager presented the Resolution for Council action. M/S Shoemaker/Schneiter to adopt the Resolution. The motion carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: None. Mayor Schneiter, Councilmembers Wattenburger and Shoemaker stepped down from the dais. Regular Meeting - December 4, 1996 Page 1. City Clerk Giuntoli administered the oath of office to Mayor-elect Sheridan Malone, Councilmembers-elect Kristy Kelly and Phillip Ashiku and City Treasurer-elect Allen Carter. The new Mayor and Councilmembers took their designated places on the dais. Mayor Malone opened the meeting of the new City Council. Roll was taken by City Clerk Giuntoli. PRESENT: Councilmembers Ashiku, Kelly, Mastin and Mayor Malone. ABSENT: None. 5. RIGHT TO APPEAL DECISION Mayor Malone read the Right to Appeal Decision. Mayor Malone asked for a motion to move item 10a forward for action at this time. No motion was offered 6. CONSENT CALENDAR Mayor Malone outlined Consent Calendar items a-c. City Manager Horsley noted that regarding item c, the time to interview city clerk applicants set therein should be changed from 5:30 p.m. to 5:15 p.m. on December 18, 1996. M/S Ashiku/Kelly to approve Consent Calendar items a-c with the one change noted above: a. bo c. Adoption of Ordinance Amending the City Zoning Map to Rezone 21 Lots in the State Street Central Rezoning Area; Approval of Amendment to the Fiscal Year 1996/97 Budget for Solid Waste Disposal Site Litigation Expenses; Set Date to Interview City clerk Applicants. The motion carried on the following roll call vote: AYES: Councilmembers Ashiku, Kelly, Mastin and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Mayor Malone outlined the audience comments procedure. No one came forward to speak. Regular Meeting - December 4, 1996 Page 2. Mayor Malone again asked the Council's pleasure in bringing forward item 10a at this time. M/S Ashiku/Kelly to bring item 10a. forward at this time. The motion passed on the following vote: AYES: Councilmembers Ashiku, Kelly, Mastin and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 10. NEW BUSINESS a. Discussion Regarding Vacant Council Seat, the Nomination Process and Adoption of Resolution Appointing Councilmember to Fill the Unexpired Term of Sheridan Malone City Manager Horsley outlined the need ibr Council to discuss and determine the process it wishes to follow to fill the vacancy of the unexpired term of former Councilmember Malone created upon his election to the position of Mayor. The Council's choices include participation in a special election in March, 1997 with a cost to the City of between $8,000 and $10,000, or the appointment of a new member, either from the candidate pool of those who ran for a Council position in the November, 1996 election or from applications accepted from the general public. If appointing a new member, the Council will also have to determine a nominating process, the historic procedure being to use the seniority system, the Mayor having the first right to nominate. If the Mayor's nominee does not receive a majority vote, following seniority order, further nominations would be made from Councilmembers until a nominated candidate receives a majority vote. Mayor Malone entertained comments from the audience. No one came forward. The Council had a lengthy discussion regarding the possible choices and procedures. Mayor Malone outlined the history of filling such vacancies. He felt a policy should be set and that the appointment should not automatically go to the next highest vote getter. Councilmember Mastin preferred selection from the pool of candidates who ran in the November election. Councilmember Kelly gave no support to another election, wanted to be deliberate in the process and would like to see an interview process. She still has questions of those who ran in November. Regular Meeting - December 4, 1996 Page 3. Councilmember Ashiku concurred with Councilmember Kelly, wanting to use the interview process to determine the best possible candidate and did not feel he could make an educated decision at this point. Councilmember Mastin had concerns that if the process were open to the general public, too much time would elapse before a candidate could be seated. Councilmember Ashiku preferred public, open interviews of all candidates. M/S Ashiku/Malone to interview only from the candidate pool of those who ran in the November, 1996 election. Discussion followed on the process to be use. City Manager Horsley felt the process would take three weeks if opened to citizens other than those who ran in the November election. Mayor Malone felt that time was an issue because it is important to give committee assignments to Councilmembers soon, so that the City will continue to have representation on those various boards and committees. Councilmember Kelly stated her preference of opening the appoint to anyone, not just those who ran in November. Councilmember Ashiku agreed to amend his motion to include all interested citizens. Mayor Malone accepted the amendment and let his second stand. Councilmember Mastin stood firm in his support of applicants from the November election candidate pool only. The motion as amended passed on the following roll call vote: AYES: Councilmembers Ashiku, Kelly and Mayor Malone. NOES: Councilmember Mastin. ABSTAIN: None. ABSENT: None. Regular Meeting - December 4, 1996 Page 4. Fred Schneiter, 700 W. Perkins Street, Ukiah addressed the Council, indicating his disapproval of this action, his preference being to have made a selection from the November election candidate pool at this Council meeting. City Manager Horsley outlined the next step would be to advertise for the position and make up a list of questions for the candidates. It would be three weeks before the pool of applicants would be established. Mayor Malone encouraged all interested to apply. Councilmember Ashiku inquired as to the policy of nominating. Mayor Malone suggested a rotating system based on seniority, beginning with the Mayor. Council concurred with this process. Chuck Williams, 3 Betty Street, Ukiah addressed the Council, asking them to consider a different process of selection. No action was taken on his proposal City Manager Horsley asked if candidates from the November election should be asked to submit the same application form and written questions and answers that non-candidates would go through. Mayor Malone stated yes, so that there would be common ground among all applicants Kathryn Schapmire, 660 Leslie Street, Ukiah addressed the Council, stating that an election was just held and urging them to take action to appoint the third highest vote getter to this vacancy. Mayor Malone reminded Ms. Schapmire that the Council had made its decision. o PUBLIC HEARING h. Introduction of Ordinance Amending the City Zoning Map to Rezone 30 Parcels in the East Side Area, as Part of the City-Wide Rezoning Program Associated with Implementation of the Ukiah Valley General Plan Senior Planner Stump outlined the history and sections, together with the subgroups, of the proposed Ordinance. In response to the City's adoption of a new General Plan in December of 1995, the Planning Commission at its November 13, 1996 meeting conducted a public hearing. From that discussion, the Planning Commission is recommending that 28 of these possible 58 lots be rezoned. Rezoning groups and Planning Commission recommendations are as follows: Regular Meeting - December 4, 1996 Page 5. 1. R2 to R3 Subgroup #1 - Waugh Lane: 15 parcels located along the east side of Waugh Lane south of Gobbi Street, most are developed into apartment complexes, the area is close to transportation and viable for high density use. The Planning Commission voted unanimously to recommend the rezoning of these parcels. Subgroup #2 - Ford Street: 8 parcels situated along the north side of Ford Street east of Orr Creek, 4 parcels are already apartment complexes, the parcels are near transportation corridors, and the Planning Commission voted unanimously to rezone. Subgroup #3 - Clara Avenue: 4 parcels in the southwest comer of Clara Avenue and Orchard Avenue, developed with single family residences. High density residential apartments are across Clara Avenue. The Planning Commission voted unanimously to rezone. Subgroup #4 - Leslie Street: 1 parcel on the southwest corner of Orchard and Peach which is vacant, but abuts a large apartment complex to the south. The Planning Commission is recommending the rezoning. 2. CN to R3 Subgroup #1 - Orchard Avenue: 3 parcels on Orchard Avenue just north of the intersection with Gobbi Street, developed with a single family residential and two professional offices. Based upon the existing land uses on these parcels, as well as the zoning to the north and south along Orchard Avenue, the Planning Commission unanimously disagreed with the general Plan Land Use designation, and recommends against the rezoning of the 3 parcels on Orchard Avenue from "CN" to "R3". The Planning Commission recommends that these parcels be revisited at the conclusion of the General Plan rezoning program, and the General Plan be amended to designate them as commercial. Subgroup #2 - Gobbi Street: The proposed rezoning applies to the front portion of a large flag-shaped parcel developed with a residential retirement facility on the south side of Gobbi Street. The Planning Commission recommends rezoning to eliminate "split" zoning of this parcel. 3. R3 toR2 This 16.42-acre parcel is located on the eastern end of Gobbi Street and is developed with the Oak Manor Trailer Park. The Planning Commission recommends against this rezoning. Regular Meeting - December 4, 1996 Page 6. 4. R2 toCl These 10 parcels are located along the eastern side of Leslie Street north of Peach Street and are developed with small single family residences. The Planning Commission does not envision a commercial strip along Leslie in the future and recommends against this rezoning. 5. C1 toR3 These 2 parcels are located along the eastern side of Leslie Street south of Peach Street and are developed with the Ukiah Senior Center and the Real Goods Trading Company corporate offices. Due to confusion over the present uses of these parcels, staff is recommending these parcels not be included in the East Side rezoning area and be included in the next rezoning phase for the Planning Commission's consideration. 6. R2 toR1 These 14 parcels are located along Oak Manor Court south of East Perkins Street. They are developed with duplexes and apartment buildings. Based upon existing land uses and close proximity to major transportation routes and commercial land uses, the Planning Commission recommends against the rezoning of these parcels. Staff recommended introduction of the Ordinance by title only. Council Mastin questioned the best use for the property on which Oak Manor Trailer Park sits, should the mobile home park no longer exist. Senior Planner Stump believes the best use would be another mobile home park. PUBLIC HEARING OPENED: 7:20 p.m. Judy Pruden, Planning Commissioner, 304 S. Hortense, Ukiah stated that the Planning Commission looked at currently land use on the Oak Manor Trailer Park but did not look to the future of that parcel. Councilmember Ashiku asked Commissioner Pruden if consideration had been given to preserving the land for use as a mobile home park, which is a low income use. Regular Meeting - December 4, 1996 Page 7. Commissioner Pruden replied that yes, it is perceived as mobile home density, which is lower income housing. Phil Baldwin, 627 Willow, Ukiah supported not down zoning these housing parcels, but preserving options for being creative with high density housing. PUBLIC HEARING CLOSED: 7:25 p.m. M/S Kelly/Ashiku to introduce the Ordinance by title only. The motion passed on the tbllowing vote: AYES: Councilmembers Ashiku, Kelly, and Mayor Malone. NOES: Councilmember Mastin. ABSTAIN: None. ABSENT: None. City Clerk Giuntoli read the Ordinance by title only. M/S Kelly/Ashiku to introduce An Ordinance of the City Council of the City of Ukiah Amending the Official Zoning Map for the City of Ukiah, California. The motion passed by the following roll call vote: AYES: Councilmembers Ashiku, Kelly and Mayor Malone. NOES: CouncilmemberMastin. ABSTAIN: None. ABSENT: None. . UNFINISHED BUSINESS a. Set Date for Legal Workshop to Discuss City Council Legal Issues and Meeting Conduct and Protocol City Manager Horsley advised the Council to make the meeting available to its fifth member, perhaps setting the date at the January 15, 1997 meeting. City Attorney Rapport thought the meeting would take one hour. Mayor Malone asked the Council's pleasure as to the date and time. Discussion followed. The Council agreed on January 16, 1997 at 8 a.m. as the date and time for the Legal Issues Workshop. bo Adoption of Ordinance Amending Section 1101 of the Ukiah Municipal Code Reducing the Number of Airport Commissioners from Seven to Five Regular Meeting - December 4, 1996 Page 8. City Manager Horsley announced that this Ordinance was introduced at the November 20, 1996 Council Meeting and that it was now back before the Council for adoption. Mayor Malone asked for comments from the audience on this item. No one came forward. M/S Mastin/Ashiku to adopt the Ordinance Amending Section 1101 of the Ukiah Municipal Code Reducing the Number of Airport Commissioners from Seven to Five. Mayor Malone stated his disagreement with this Ordinance and expressing his desired to have as many people as possible participate in the government process. Councilmember Mastin stated his agreement with the Ordinance and his belief that large commissions and boards get too unwieldy. Councilmember Ashiku concurred. The motion passed on the tbllowing roll call vote: AYES: Councilmembers Ashiku, Kelly and Mastin. NOES: Mayor Malone. ABSTAIN: None. ABSENT: None. (7:35 p.m. - Jill and I agreed to stop taking notes.) Submitted by: Colleen B. Henderson Regular Meeting - December 4, 1996 Page 9. AGENDA SUMMARY ITEM NO. 10b DATE: NOVEMBER 20, 1996 REPORT SUBJECT: TRAFFIC ENGINEERING COMMITTEE MATTERS: I. INTRODUCTION OF ORDINANCE AMENDING SECTION 7030 OF THE UKIAH MUNICIPAL CODE RELATIVE TO COMMITTEE COMPOSITION II. ACCEPTANCE OF RESIGNATION OF COMMITTEE MEMBER STEVE FORD III. AUTHORIZATION OF CITY CLERK TO ADVERTISE VACANCY The function of the City Traffic Engineer is performed through a committee established by City Code (Section 7030). The Committee is comprised of five City staff members and three are citizens appointed by the City Council. One of the citizen members, Steve Ford, has resigned and staff has evaluated the makeup and responsibilities of the Committee, with a view of increasing its effectiveness and efficiency. The last change to the Committee was made in 1971, after its inception in 1963. Staff believes that the City Attorney position should be replaced by the Director of Planning. When the Committee was initiated, the City Attorney was a full time employee of the City and the City Manager's representative was actually the Community Development Director. In light of the current contract arrangement with the City Attorney, and the fact that the Committee is mostly advisory to the City Council relative to substantial legal matters, the necessity for the Attorney's presence has decreased significantly. Representation by the Planning Department, however is critical. (Continued on page 2) Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: RECOMMENDED ACTION: 1. Introduce ordinance amending section 7030 of the Ukiah Municipal Code relative to committee composition by title only. 2. Accept resignation of committee member Steve Ford. 3. Authorize City Clerk to advertise "public member" vacancy. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine ordinance should be modified, identify proposed changes, and introduce revised ordinance by title only. 2. Determine new composition is not appropriate, do not introduce ordinance, and do not authorize City Clerk to advertise for vacancy. N/A Traffic Engineering Committee [t.~~"~' '~ ~ "'~'~ Michael F. Harris, AICP, Assistant City Manager o.~,._,.._~,.. Rick Kennedy, City Engineer and Candace Horsley, City Manager 1. Ordinance for introduction, page 1. 2. Article 2 of the Ukiah City Code, pages 2-3. 3. Excerpt of draft December 10 Traffic Engineering Committee meeting minutes, page 4. Candace Horsley, City I~/lanager AGENDA SUMMARY REPORT-DECEMBER 18, 1996 TRAFFIC ENGINEERING COMMITTEE MATTERS Page 2 The present code provides for "...such other persons...appointed by the Council." The City is fortunate to have representatives from the Mendocino Transit Authority and Automobile Club to provide valuable expertise in addition to staff. We recommend that this proficiency be maintained and solidified in the committee composition. A third public member can furnish the consumer's perspective. This person should be a City resident of driving age. Mr. Ford's resignation creates a vacancy for this latter position. The resignation and proposed composition were considered by the Traffic Engineering Committee at their December 10 meeting. Their unanimous recommendation was to modify the composition as recommended by staff and accept the resignation. Though discussion was had relative to particular qualifications appropriate for the public member, none other than age and residency were deemed necessary. Staff recommends that the City Council introduce, by title only, the ordinance amending the Traffic Engineering Committee composition, accept the resignation of Steve Ford, and authorize the City Clerk to advertise for applicants to fill the vacant "public member" position. The appointment would be placed on either the January 15 or February 5, 1997 meeting agenda depending upon success in the recruitment process. mfh:asrcc 1218TEC 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 COMPOSTION 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: ADOPTED on , by the following roll call vote: AYES: NOES: ABSENT: ATTEST: Sheridan Malone, Mayor Marge Giuntoli, City Clerk mfh: resord TECREV §7030 CHAPTER 1 REGULATION OF TRAFFIC AND STREETS ARTICLE 2. TRAFFIC ADMINISTRATION §7031 SECTION: §7030: §7031: §7032: §7033: §7034: City Traffic Engineer; Office Established Use of Term "City Traffic Engineer" Powers and Duties Under this Chapter Powers and Duties Generally; Delegation of Authority Meetings; Records §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 City Attorney, the Supervisor of Public Works or their duly appointed representatives, together with such other persons as 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. (Ord. 553, §1, adopted 1963) §7031: USE OF TERM "CITY TRAFFIC ENGINEER": Whenever in this Chapter the designation or term "City Traffic Engineer" is used it shall mean the committee comprising the office of City Traffic Engineer acting through a majority of the members thereof, or a duly authorized representative of the office of City Traffic Engineer. All references to the office of City Traffic Engineer in the masculine gender shall include the feminine and neuter and the singular shall include the plural. (Ord. 553, §4, adopted 1963) 8OO7 §7032 §7034 §7032: POWERS AND DUTIES UNDER THIS CHAPTER: The City Traffic Engineer shall exercise the powers and duties as provided in this Chapter and in the traffic laws in this City. Whenever the City Traffic Engineer is required or authorized to place or maintain official traffic-control devices or signals, he may cause such devices or signals to be placed or maintained. (Ord. 553, §4, adopted 1963) §7033: POWERS AND DUTIES GENERALLY; DELEGATION OF AUTHORITY: It shall be the general duty of the City Traffic Engineer to determine the installation and proper timing and maintenance of traffic-control devices and signals, to conduct engineering analyses of traffic accidents and to devise remedial measures, to conduct engineering and traffic investigations of traffic conditions and to cooperate with other City officials in the development of ways and means to improve traffic conditions, and to carry out the additional powers and duties imposed by ordinances of this City. Whenever, by the provisions of this Chapter, a power is granted to the City Traffic Engineer or a duty imposed upon him, the power may be exercised or the duty performed by his deputy or by a person authorized in writing by him. (Ord. 553, §1, adopted 1963) ' §7034: MEETINGS; RECORDS: The City Traffic Engineer shall hold at least one regular meeting each month. It shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record. (Ord. 610, §1, adopted 1971) 8008 OLD BUSINESS c'~ '~\ a. Acceot Resienation of Steve Ford ~"~AT~)~nein~rine Committee.~ and Authorize City ~lerk ~o Advertise for "At-L~_ ~ember" - I~formati~nal Only r Member Harris stated Staff has discussed the possibility of restructuring the Traffic Engineering Committee with the City Manager. Ideas included changing the City Attorney position to the Director of Planning, reducing the Committee from eight members to seven members by eliminating the current Public Member vacancy created by Stephen Ford's resignation, and establishing criteria for the public members. The City Code designates the City Attorney as a member of the Committee. He noted the Public Member positions do not have expiration of terms and serve on the Committee until their resignations are accepted. Member Kennedy advised City Manager Horsley supports retention of the three Public Members. Member Turner expressed he would like to have the Committee comprised of five Staff members and three public members. The combination of public and staff members is very important. Public members bring new ideas, and Staff has knowledge of the vehicle codes. He stated he supports the three Public Members. Member Harris questioned whether there should be criteria or other type of expertise identified for the Public Members. Member Turner expressed he believes criteria should include a willingness to serve, interest, a driver's license, City of Ukiah residency, and regular meeting attendance. Vice-Chairman Dewey expressed he would like to see a youth on the Committee to represent another part of the community. He suggested establishing a program so the youth could educate other students about the vehicle code. The position could be a two year term for a high school student. Member Kennedy noted he believes two of the three Public Members should be representatives of a traffic/transportation agency and the automobile club. Discussion was had regarding the potential for a handicap person or a youth, the willingness to serve and attend meetings, motivation, and whether a driver's licencse would be necessary. ON A MOTION by Member Harris, seconded by Member Kennedy, it was carried by an all AYE vote, that the Traffic Engineering Committee recommend to the City Council restructuring of the Traffic Engineering Committee changing the City Attomey position to Director of Planning, two Public Members be specific representatives of a transportation agency and automobile club, and one Public Member be a resident of the City of Ukiah of driving age. ADJOURNMENT There being no further business, the meeting adjourned at 4:30 p.m. MINUTES OF THE TRAFFIC ENGINEERING COMMITTEE Page 3 December 10, 1996 AGENDA SUMMARY ITEM NO. 10c DATE: DECEMBER 18, 1996 REPORT SUBJECT: ADOPTION OF RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO DETERMINE PUBLIC CONVENIENCE AND NECESSITY FOR ALCOHOLIC BEVERAGE CONTROL LICENSES California Business and Professions Code (B&PC) Sections 23958 and 23958.4 require local review and determinations relative to off- and on-sale liquor licenses when the Alcoholic Beverage Control Department (ABC) finds that an "undue concentration" of licenses exist in the area of the prospective licensee. A determination is to be made by the local governing body that the public convenience and necessity are met in granting a license in these situations. This is a relatively new statute provision and we have been presented with the first case with respect to a downtown restaurant. City Councils and Boards of Supervisors are permitted to authorize specific departments to make these determinations and complete the documentation required by the local ABC office; otherwise each case must be considered by the City Council. Sonoma and Napa have both assigned this duty to their respective Police Departments. Staff believes delegation of this responsibility provides that the decision is made by the segment of local government with the most expertise in these matters and allows the most efficient and effective response to the applicant and ABC. "Undue concentration" is defined in B&PC § 23958.4 and the applicable calculations compare business ratios in the "urban" city environment with the very rural county at large. Obviously in such a comparison, city license locations will be more closely massed, i.e. more highly concentrated. The actual impact of these clusters are best evaluated by the law enforcement section of the local entity. If the granting of such a license will have a negative effect on the community, the Police Department can conclude the public convenience and necessity are not served and not provide the necessary documentation. Staff believes the Director of Public Safety should be authorized to perform the functions related to public convenience and necessity and recommends the City Council adopt the subject resolution. RECOMMENDED ACTION: 1. Adopt resolution authorizing Director of Public Safety to make determinations of public convenience and necessity for certain Alcoholic Beverage Control licenses. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine resolution should be modified, identify proposed changes, and adopt revised resolution. 2. Determine delegation of authority is not desired, do not adopt resolution, and stipulate that each determination shall be made by the City Council at a regular meeting. Citizen Advised: N/A Requested by: N/A Prepared by: Michael F. Harris, AICP, Assistant City Manager ~ ~..,..,,.~ Coordinated with: Fred Keplinger, Director of Public Safety and Candace Horsley, City Manager Attachments: 1. Resolution for adoption, page 1. 2. California Business and Professions Code Sections 23958 and 23958.4, pages 2-4. APPROVED: ~ Candace horsley, City M~nager mfh:asrcc 1218abc RESOLUTION NO. 97 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH 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 WHEREAS, California Business and Professions Code Sections 23958 and 23958.4 require issuance of all off-sale liquor licenses and certain on-sale liquor licenses, to include a determination by the local governing body that public convenience or necessity will be served by issuance of a license, where the Department of Alcoholic Beverage Control has found that there is an undue concentration of such licenses, based upon county-wide averages, in the census tract in which the proposed license would be located; and WHEREAS, the City Council, as the local governing body of the City of Ukiah, finds the appropriate expertise for determining such convenience and necessity lies within the City's Public Safety Department; and WHEREAS, the City Council desires to place the required authority for such determinations within the Police Department to insure the most efficient and effective local review and consideration of Alcoholic Beverage Control licenses. NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of Ukiah hereby authorizes the City of Ukiah Director of Public Safety to determine whether public convenience or necessity will be served by the issuance of an on-sale or off-sale liquor license where the Department of Alcoholic Beverage Control has found that there is an undue concentration of such licenses and to prepare the necessary and appropriate documentation in accordance with State statutes. PASSED AND ADOPTED this 18th day of December, 1996 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Sheridan Malone, Mayor Marge Giuntoli, City Clerk mfh: resord resabc BUS & PROF § 23958, Investigation; denial of application; grounds *25690 West's Ann. Cai.Bus. &Prof. Code§ 23958 (Amended by Stats. 1994, c. 630 (A.B. 2897), ,q 1.) Page 1 WEST'S ANNOTATED CALIFORNIA CODES BUSINESS AND PROFESSIONS CODE DIVISION 9. ALCOHOLIC BEVERAGES CHAPTER 6. ISSUANCE AND TRANSFER OF LICENSES ARTICLE 1. APPLICATIONS FOR LICENSES Current through 1995 legislation. § 23958. Investigation; application; grounds denial of Upon receipt of an application for a license or for a transfer of a license and the applicable fee, the department shall make a thorough investigation to determine whether the applicant and the premises for which a license is applied qualify for a license and whether the provisions of this division have been complied with, and shall investigate all matters connected therewith which may affect the public welfare and morals. The department shall deny an application for a license or for a transfer of a license if either the applicant or the premises for which a license is applied do not qualify for a license under this division. The department further shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except as provided in Section 23 95 8.4. CREDIT(S) 1985 Main Volume (Added by Stats. 1980, c. 1194, p. 4033, 3~ 2. Amended by Stats. 1982, c. 1189, p. 4244, ~ 2.) HISTORICAL NOTES HISTORICAL AND STATUTORY NOTES 1996 ELECTRONIC UPDATE 1992 Legislation Section 12 of Stats. 1992, c. 838 (A.B.2858), provides: "On or before July 1, 1993, the Department of Alcoholic Beverage Control shall report to the Legislature recommendations for revisions to the Alcoholic Beverage Control Act in the following areas: "(a) The use of local conditional use permit process and approval as qualification of a proposed premises pursuant to Section 23958 of the Business and Professions Code. "(b) The appropriateness of summary revocation procedures for chronic violators of the Alcoholic Beverage Control Act." 1985 Main Volume The 1982 amendment changed "January 1, 1983" in the third paragraph, to "January 1, 1984". Former § 23958, added by Stats. 1953, c. 152, p. 981, § 1, amended by Stats. 1955, c. 447, p. 911, § 62; Stats. 1963, c. 1642, p. 3232, § 2; Stats. 1980, c. 445, p. 934, § 1; Stats. 1980, e. 1194, p. 4033, § 1; Stats. 1982, c. 1189, p. 4273, § 1, relating to similar subject matter, was repealed by force of its own terms on Jan. 1, 1984. '25691 Derivation: Former § 23958, added by Stats. 1953, c. 152, p. 981, § 1, amended by Stats. 1955, c. 447, p. 911, § 62; Stats. 1963, c. 1642, p. 3232, § 2; Stats. 1980, c. 445, p. 934, § 1; Stats. 1980, c. 1194, p. 4033, § 1; Stats. 1982, c. 1189, p. 4243, § 1. Former section 23961 as added by Stats. 1953, c. 152, p. 981,§ 1. Stats.1935, c. 330, p. 1129, § 11; Stats. 1937, c. 758, p. 2139, § 13 1/2; Stats. 1945, c. 1401, p. 2631, § 9.5; Stats. 1949, c. 1348, p. 2361, § 6. Stats. 1935, c. 330, p. 1123, § 21.1 as added by Stats. 1945, c. 1401, p. 2633, § 13.1. REFERENCES CROSS REFERENCES 1996 ELECTRONIC UPDATE Areas forbidden to sale of intoxicating liquor, see Penal Code Copyright (c) West Publishing Co. 1996 No claim to original U.S. Govt. works. BUS & PROF § 23958.4, Undue concentration; licensure for public convenience or necessity; definitions; exclusions; Los Angeles premises destroyed by civil disturbances Page 1 *25700 West's Ann. Cai. Bus. &Prof. Code§ 23958.4 WEST'S ANNOTATED CALIFORNIA CODES BUSINESS AND PROFESSIONS CODE DIVISION 9. ALCOHOLIC BEVERAGES CHAPTER 6. ISSUANCE AND TRANSFER OF LICENSES ARTICLE 1. APPLICATIONS FOR LICENSES Current through 1995 legislation. 23958.4. Undue concentration; iicensure for public convenience or necessity; definitions; exclusions; Los Angeles premises destroyed by civil disturbances census tract or census division in which the applicant premises are located exceeds the ratio of off-sale retail licenses to population in the county in which the applicant premises are located. (b) Notwithstanding Section 23958, the department may issue a license as follows: (1) With respect to a nonretail license, a retail on-sale bona fide eating place license, a retail license issued for a hotel, motel, or other lodging establishment, as defined in subdivision (b) of Section 25503.16, a retail license issued in conjunction with a beer manufacturer's license, or a winegrower's license, if the applicant shows that public convenience or necessity would be served by the issuance. (2) With respect to any other license, if the local governing body of the area in which the applicant premises are located determines that public convenience or necessity would be served by the issuance. (a) For purposes of Section 23958, "undue concentration" means the case in which the applicant premises for an original or premises-to- premises transfer of any retail license are located in an area where any of the following conditions exist: (1) The applicant premises are located in a crime reporting district that has a 20 percent greater number of reported crimes, as defined in subdivision (c), than the average number of reported crimes as determined from all crime reporting districts within the jurisdiction of the local law enforcement agency. (2) As to on-sale retail license applications, the ratio of on-sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of on-sale retail licenses to population in the county in which the applicant premises are located. (3) As to off-sale retail license applications, the ratio of off-sale retail licenses to population in the (c) For purposes of this section, the following definitions shall apply: (1) "Reporting districts" means geographical areas within the boundaries of a single governmental entity (city or the unincorporated area of a county) that are identified by the local law enforcement agency in the compilation and maintenance of statistical information on reported crimes and arrests. *25701 (2) "Reported crimes" means the most recent yearly compilation by the local law enforcement agency of reported offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. (3) "Population within the census tract or census division" means the population as determined by the most recent United States decennial or special census. The population determination shall not Copyright (c) West Publishing Co. 1996 No claim to original U.S. Govt. works. BUS & PROF § 23958.4, Undue concentration; licensure for public convenience or necessity; definitions; exclusions; Los Angeles premises destroyed by civil disturbances Page 2 operate to prevent an applicant from establishing that an increase of resident population has occurred within the census tract or census division. (4) "Population in the county" shall be determined by the annual population estimate for California counties published by the Population Research Unit of the Department of Finance. (5) "Retail licenses" shall include the following: (e) The enactment of this section shall not affect any existing rights of any holder of a retail license issued prior to April 29, 1992, whose premises were destroyed or rendered unusable as a result of the civil disturbances occurring in Los Angeles from April 29 to May 2, 1992, to reopen and operate those licensed premises. (f) This section shall not apply if the premises have been licensed and operated with the same type license within 90 days of the application. (A) Off-sale retail licenses: Type 20 (off-sale beer and wine) and Type 21 (off-sale general). (B) On-sale retail licenses: All retail on-sale licenses, except Type 43 (on-sale beer and wine for train), Type 44 (on-sale beer and wine for fishing party boat), Type 45 (on-sale beer and wine for boat), Type 46 (on-sale beer and wine for airplane), Type 53 (on-sale general for train and sleeping car), Type 54 (on-sale general for boat), Type 55 (on-sale general for airplane), Type 56 (on-sale general for vessels of more than 1,000 tons burden), and Type 62 (on-sale general bona fide public eating place intermittent dockside license for vessels of more than 15,000 tons displacement). (6) A "premises to premises transfer" refers to each license being separate and distinct, and transferable upon approval of the department. (d) For purposes of this section, the number of retail licenses in the county shall be determined by the most recent yearly retail license count published by the department in its Procedure Manual. CREDIT(S) 1996 ELECTRONIC UPDATE (Added by Stats. 1994, c. 630 (A.B. 2897), .~ 2. Amended by Stats. 1995, c. 91 (S.B. 975), .,6 12.) HISTORICAL NOTES HISTORICAL AND STATUTORY NOTES 1996 ELECTRONIC UPDATE 1995 Legislation Subordination of legislation by Stats. 1995, c. 91 (S.B.975), to other 1995 legislation, see Historical and Statutory Notes under Business and Professions Code § 35. *25702 REFERENCES LAW REVIEW AND JOURNAL COMMENTARIES 1996 ELECTRONIC UPDATE Review of selected 1994 California legislation. 26 Pac.L.J. 202 (1995). Copyright (c) West Publishing Co. 1996 No claim to original U.S. Govt. works. 1'/14/1986 16:47 7074626136 OII¥ OF UKiAH P~6~ 82 STATE OF CALIFORNIA--THE R~SOURCES AGENCY DEPARTMENT OF WATER RESOURCES 'PETE W1LSOhl. ~mvtrnor November 6, 1996 George Borecky City of Ukiah 300 Seminary Avenue Ukiah, California 95482 The'California Urban Water Management Planning Act (Water Code Section 10610, et seq.) requires both public and privately 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 or supply more than 3,000 acre-feet of water per year for urban use. Based on this criteria, Department of Water Resources' staff believe that your agency is.required to prepare a 1995 Urban VVater Management Plan. The 1995 updated plans were due to be filed with DWR by January 31, 1996. However, according to our records, your agency has not yet filed a 1995 plan with us. If your age-~cy submiffed a 1995 plan or you believe your agency is exempt, notify me in writing as soon as possible. To c:ate, over 220 water agencies have submitted 1995 plans. DWR sta..h; are in the process of evaluating each plan. A status report with detailed informatio~-~ about each plan will be prepared for the California Legislature. We would like to acknowledge your agency's compliance with the Act and include information ab,uut your water planning and water conservation efforts in the legislative report. Howevei', to be included, we must receive your agency's plan no later than February 15, 1997. Prior to adopting a plan, an agency must make the plan available for public inspection and hold a public hearing. Government Code Section 6066, referenced in the Act, requires that public notices must be published once a week for two successive weeks prior to the hearing. Please consider this when planning the schedule to complete tiaa plan. In September 1995, you were sent an informational packet which included a sample urban water management plan and other materials to assist your agency in preparing a plan. For your convenience, attached is a copy of the Act as it pertains to plans that were due to be prepared by December 1995. (Recent legislation made changes to the Act for plans due in December 2000.) 1~/14/i996 10'47 ?074626136 CITY OF UKIAH PAGE November 6, 1996 Page Two If you need additional copies of the materials or have questions, please contact Deborah Braver of my staff at (916) 327-1770 or the appropriate DWR district staff shown on the attached list. Thank you for your cooperation. Sincerely, '~-Ed Craddock, Chief Water Conservation Office Division of Local Assistance Attachment~ 1!/1~/1996 ?~74626126 CiTY OF UKIAH PAGE California. Department :of Water Resources District Staff:for Urban Water Management Planning October 1996 Mr. Eugene Pixley Northern District Department of Water Resources 2440 Main Street Red Bluff, California 96080 (916) 529-7392 Ms. Holly Sheradin Central District Department. of Water Resources 3251 S Street Sacramento, California 95816-7017 (916) 227-7585 Mr. Kent Frame San Joaquin District Department' of Water Resources 3374 East Shields Avenue Fresno, California 93726-9660 (209) 445-5428 Mr. David Inouye Southern District Department of Water Resources 770 Fairmont Avenue Glendale, California 91203-1035 (818) 543-4622 ext. 295 Item No. 1Od. Date: December 18. I AGENDA SUMMARY REPORT SUBJECT: Authorize the Mayor to Execute an Agreement with Kennedy/Jenks Consultants for the Preparation of the City's 1995 Urban Water Management Plan in an amount not to Exceed $15,000. REPORT: The California Urban Water Management Planning Act requires both private and public 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 Fedruary 15, 1997. No extentions beyond this date will be granted. Kennedy/Jenks Consultants developed the Urban Management Plan that was submitted in 1985. Since the time to complete this plan is very short, a proposal from Kennedy/Jenks to update the 1985 plan to comply with the 1995 requirements by the February 15, 1997 deadline was requested. Their estimate to do this work is $15,000. The Agreement and Scope of work for this project is attached. The Department of Water Resources indicated that their requirement would be satisfied if a draft report was submitted by February 15, 1997. The final report could be submitted at a later date after the public hearings and review have been completed. Staff recommends that approval be given to allow Kennedy/Jenks to proceed with preparing the 1995 update for the City of Ukiah's Urban Water Management Plan. Funds are available for this effort in Account 820-3908-250. RECOMMENDED ACTION: Authorize the Mayor to Execute an Agreement with Kennedy/Jenks Consultants for the Preparation of City's 1995 Urban Water Management Plan in an amount not exceed $15,000. ALTERNATIVE COUNCIL POLICY OPTIONS: Deny Authorization and Define Alternative. Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Coordinated with: Candace Horsley, City Manager Attachment: 1) Department of Water Resource Letter 2) Urban Water Management Planning Act 3) Agreement and Scope of Work AP P ROVE D.~, '\~I~:_.~;.~.~ ~_,._~ ca-ndace i--Iorsleyl Ci~ Manager 1!/]4/1996 1~'47 707482813~ CIYY OF UKI~H PAGE ~5 CALIFORNIA URBAN WATER MANAGEMENT PLANNING ACT E~tablished: AB 797, Klehs, 1983 Amended: AB 2661~ Klehs, 1990 AB IIX, Filante, 1991 AB 1869, Spcier, 1991 AB 892, Frazee, 1993 SB 1017, McCorquodale, 1994 AB 2853. Cortesc, 1994 CALIFORNIA WATER CODE DIVISION 6 ' PART 2.6. URBAN WATER MANAGEMENT PLANNING CHAPTER 1. GENERAL DECLARATION AND POLICY 10610. This part shall be known and may be cited as the "Urban Water Management Planning Act." · 10610.2. The Legislature finds and declares as folloWs: (a) The waters of the state are a limited and renewable resource subject to ever increasing demands. (b) Thc conservation and efficient use of urban water supplies are of statewidc conce?n: however, the planning for that use and the implementation of those plan~ can best be accomplished at the local level. 10610.4. The Legislature f'mds and declares that it is thc policy of thc state as follows: (a) The conservation and efficient use of water shall be actively pursued to protect both the people of the state and their' water resources. Co) The conservation and efficient use of urban water supplies shall be a guiding criterion in public decisions. (c) Urban water suppliers shall be required to develop water management plans to achieve conservation .and efficient use. 11/14/1996 16'4V 7874626136 CIY¥ OF UKIAH PAGE 06 CHAPTER 2. DEFINITIONS 10611. Unless the context otherwise requires, the definitions of this chapter govern the construction of this part. , 10611.5. 'Conservation" means those measures that limit the amount of water used only to that which is reasonably necessary for the beneficial use to be served. 10612. "Customer' means a purchaser of water from a water supplier who uses thc water for municipal purposes, including residential, commercial, governmental, and industrial uses. 10613. "Efficient use" means those management measures that result in thc most effective usc of water so as to prevent its waste or unreasonable use or unreasonable method of use. 10614. "Person" means any individual, firm. association, organization, partnership. business, trust, corporation, company, 'public agency, or any agency of such an entity. 10615. "Plan" means an urban water management plan prepared pursuant to this part. A plan shall describe and evaluate reasonable and practical efficient uses and reclamation and conservation activities. The components of the plan may vary according to an individual community or area's characteristics and its capabil!ties to efficiently use and conserve water. The plan shall address measures for residential, commercial, governmental, and industrial water management as set forth in Article 2 (commencing with Section 10630) of Chapter 3. In addition, a strategy and time schedule for implementation shall be included in the plan. 10616. "Public agency" means an), board, commission,.county, city and county, eib'. regional agency, district, or other public entity. 10617. "Urban water supplier" means a supplier, either publicly or privately owned. providing water for municipal purposes either directly or indirectly to more than 3,000 customers or supplying more than 3,000 acre-feet of water annually. An urban water supplier includes a supplier or contractor for water, regardless of the basis of right, which distributes or sells for ultimate resale to customers. This part applies only to water supplied from public water systems subject to Chapter 7 (commencing with Section 4010) of Part I of Division 5 of the Health and Safety Code. il/id/iRS6 i6:47 7074625i35 CiTY OF UKIAH PAGE ~7 CHAFI'ER 3. URBAN WATER MANAGEMENT PiANS Article 1. General Provisions 10620. (a) Every urban water supplier shall prepare and adopt an urban water managcment plan in the manner set forth in Article 3 (commencing with Section 10640) . Co) Every person that becomes an urban water supplier after December 31, 198i$, shall adopt an urban water management plan within one ye, ar after it has become an urban water supplier. (c) An urban water supplier indirectly providing water shall not include planning elements in its water management plan as provided in' Article 2 (commencing with Section 10630) that would be applicable to urban water suppliers or public agencies directly providing water, or to their customers, without the consent of those suppliers or public agencies. (d) (I) An urban water supplier may satisfy thc rcquircmcnts of this part by participation in areawide, regional, watershed, or basinwide urban water management planning where those plans will reduce preparation costs and contribute to the achievemcm of conservation and efficient water use.' (2) Each urban water supplier shall coordinate thc prcparation of its urban .~atcr shortage contingency plan with other urban water suppliers and public agencies in the area, to the extent practicable. (e) The urban water supplier may prepare thc plan with its own staff, by contract, or in cooperation with other governmental agencies. 10621. (a) Each urban water supplier shall periodically update its plan at least once ever): five years. After thc review, it shall make any amendments or changes to its plan which are indicated by the review. Cb) Thc amendments to, or changes in, the plan shall be adopted and fred in the manner set forth in Article 3 (commencing with Section 10640). Article 2. Contents of Plnns 10630. It is the intention of the I.tgislature, in enacting this part, to permit levels of water management planning commensurate with the numbers of customers served and thc volume of water supplied. ~L/~4/~996 ~8'47 7074626~36 CZTY OF UK~AH PAGE 08 1063 I. A plan shall be adopted in accordanc~ with this chapter and ~all do all of the following: (a) Include an estimate of past, current, and projected potablc and recycled water ur and, to the extent'records are available, segregate those uses between reside~, industrial, commcrciaJ, and governmental uses. (b) (!) Identify conservation and reclamation measures currently adopted and being practic_,~_.. (2) Urban' water suppliers that are members of the California Urban Water Conservation Council and submit annual reports to that council in accordance with the 'Memorandum of Understanding Regarding Urban Water Conservation in California,' dated September 1991. may submit the annual repon~ for the purposes of identifying conservation measures as required by paragraph (1). (c) Describe alternative cor~ervation measures, including, but not limited to, con.yarner education, metering, water saving fixtures and appliances, pool covers, lawn and garden irrigation techniques, and low water use landscaping, that would improve the efficiency of water use with an evaluation of their costs and their environmental and other significant impacts. , .- (d) Provide a schedule of implementation for proposed actions as indicated by the plan. (e) Provide an urban water shortage contingency plan that includes all of the following elements that are within the authority of the urban water supplier: (1) Past, current, and projected water use and,' to the extent records arc available, a breakdown of those uses on the basis of single-family residential, multifamily residential, commercial, industrial, governmental, and agricultural use. (2) An estimate of thc minimum water supply available at the end of 12, 24, and 36 months. assuming the worst case water supply shortages. (3) Stages of action to be undertaken by thc urban water supplier in response to water supply shortages, including up to a 50 percent reduction in water supply, and an outline of specific water supply conditions that are applicable to each stage. (4) Mandatory provisions to reduce water use that include prohibitions against specific wasteful practices, such as gutter flooding. 16:47 7874626136 CITY OF UKIAH PAGE (5) Consumption limits in the most restrictive stages. Each urban water supplier may use any type of consumption limit in its water shortage contingency plan that would reduce water use and is appropriate for its area. Examples of consumption limits that may be used include. but are not limited to, percentage reductions in water allotments, per capita allocations, an increasing block rate schedule for high usage of water with incemives for conservation, or restrictions on specific u.s.s. (6) Penalties or charges for excessive use. (7) An analysis of the impacts of the plan on the revenues and expenditures of the urban water supplier, and proposed measures to overcome those impacts, such as the development of reserves and rate adjustments. (8) A draft water shortage contingency resolution or ordinance to carry out the urban water shortage contingency plan. (9) A mechanism for determining actual reductions in water use pursuant to the urban water shortage contingency plan. ~ (f) Describe the frequency and magnitude of supply deficiencies, based on available historic data and future projected conditions comparing water supply and demand, including a description of deficiencies in time of drought and emergency and the ability to meet deficiencies. (g) To the extent feasible, describe the method which will be used to evaluate the effectiveness of each conservation measure implemented under the plan. (h) Describe the steps which would be necessary to implement any proposed actions in the plan. (i) Describe fundings, actions, and planning relating to' all of the following: (1) The use of internal and external water audits for single-family residential, multifamily residential, institutional, comm6rcial, industrial, and governmental customers, and the use of incentive programs to encourage customer audits and program participation. (2) The use of distribution system water audits. (3) Leak detection and repair. (4) The use of large landscape water audits. PAGE 10 (.j) De. scribe actions and planning to eliminate the use of once-through cooling systems, nonrecirculating water systems, and nonrecycling decorative water fountains, and t'o encourage the recirculalion of water if proper public h~lth and safety standards are , . (k) Describe actions and plans to enforce conservation measures. (1) To the exient feasible, describe the mount of water saved through water conservation measures employed by user groups. (m) Describei actions and planning to ensure the involvement of community members within the service area with regard to water management planning. 10632. (a) .In addition to the elements required pursuant to Section 10631, a plan projecting a future use which indicates a need for expanded or additional water supplies shall be adopted in accordance with this chapter and shall include an evaluation of the following alternatives: (1) Recycled water. The plan's evaluation of this alternative shall provide information on recycled water and its potential for Use as a water source in the service area of the urban water suppl'ie'i and:'~hall ihcludc .all 'o'f'ihb following information: ....... : · .~ .. ......... (A) A description of the waste water collection and treatment systems in the supplier's service area, .including a quantification of thc amount of waste water collected and treated and the methods of waste water disposal. (B) A description of the recycled water currently being used in the supplier's service area. including, but not limited to, the type, place, and quantity of u~e. (C) A description and quantification of.the potential uses of recycled water, including, but not limited to, agricultural irrigation, landscape irrigation, wildlife habitat enhancement, wetlands, industrial reuse, groundwater recharge, and other appropriate uses, and a determination with regard to the technical and economic feasibility of serving those uses. (D) The projected use of recycled water within the supplicr's service area at the end of 5, 10, 1:5, and 20 years. . . . (E) A description of actions, including f'mancial incentives, which may be taken to encourage the use of recycled water where fresh water is not necessary, and the projected results of these actions in terms of acre-feet of recycled water used per year. 1,1/14/19B6 1B:47 7074625136 CITY OF UKIAH PAGE 11 (F) A plan for optimizing the use of recycled water in the supplier's servi¢c area, including actions to facilitate thc installation of dual distribution systems and to promote rccirculating U$~$. (2) Exchanges or transfer of water on a short-term or'long-term basis. (3) Management of water system pressures and peak demands. (4) Issues relevant to meter retrofitting for al/uses. (5) Incentives to alter water use practices, including fixture and appliance' retrofit programs. (6) Public information and educationa! programs to promote wise use and eliminate waste. · (7) Changes in pricing, rate structures, and regulations. (b) The preparation of the plan shall be coordinated with local water, waste water, and planning agencies. 10633. The plan shall contain an evaluation' of the alternative water management practices identified in Sections 10631. and...,10632,, taking into::account eaonomic and noneconomic factors, including environmental, social, health, customer impact, and te.ctmological factors. Evaluation o,f the elements in Section 10632 shall include a comparison of the estimated' cost of alternative water management practices with the incremental costs of expanded or additional water supplies, and in the course of the evaluation first consideration shall be given to water management practices, or combination of practices, which offer lower incremental costs than expanded or additional water supplies, considering all the preceding evaluation factors. Article 3. Adoption and Implementation of Plans 10640. Every urban water supplier required to prepare a plan pursuant to this part shall prepare its plan pursuant to Article 2 (commencing with Section 10630). The supplier, shall likewise periodically review the plan as required by Section 10621. and any amendments or changes required as a result of that review shall be adopted pursuant to this article. '.7 PAGE 12 10641. (a) An urban water supplier required to prepare a plan may consult.with, and obtain comrnents from, any public agency or state agency or any person who has special expertise with rr. spect to water conservation and management methods and techniques. (b) In order to assist urban water suppliers in obtaining needed expertise as provided for in subdivision (a), the department, upon request of an urban water supplier, shall provide the supplier with a list of persons or agencies having expertise or experience in the development of water management plans. 10642. Prior to adopting a plan, the urban water supplier shall make' the plan available for public inspection and shall hold a public hearing thereon. Prior to the hearing, notice of the time and place of hearing shall be published within the jurisdiction of the publicly owned water supplier pursuant to Section 6066 of'the Government Code. A privately owned water supplier shall provide an equivalent notice within its service area. After the hearing, the plan shall be adopted as prepared or as modified after the hearing. 10643. An urban water supplier shall implement its plan adopted pursuant to this chapter in accordance with the schedule set forth in its plan, 10644. An urban water supplier shall file with the department a copy of its plan no later than 30 days after adoption. Copies of amendments or changes to the plans shall be filed with the department within 30 days after adoption. Plans filed under this section shall describe the basis for the decision of the urban water supplier to add. change, or retain conservation measures. ...,, The department shall annually prepare and submit to the Legislature a report surnmarizing the status of the plans adopted pursuant to this part. The report prepared by the department shall highlight the outstanding elements of individual plans. The department shall previde a copy of the report to each urban water supplier which has filed its plan with the department. The department shall also prepare reports and provide data for any. legislative hearings designed to consider the effectiveness of plans submitted pursuant to this part. 106a5. Not later than 30 days after filing a copy of its plan with the department, the urban water supplier and the department shall make the plan available for public review during normal business hours. !1/'1~/1996 15:47 7074626136 GIT¥ OF UKIAH PAGE CHAPTER 4. MISCELLANEOUS PROVISIONS ._: 10650. Any actions or proceedings to attack, review, set aside, void, or annul the acts or decisions of-an urban water supplier on the groumis of noncompliance with this pan shall be commenced as follows: (a) Aa. action or proceeding alleging failure to adopt a plan shah be commence~ wifhin 18 moaths after that adoption is required by this part, or within 18 months after commencement of urban water service by a supplier commencing that service after January 1, 1984. Co) Any action or proceeding alleging that a plan, or action taken pursuant to thc plan, does not comply with this part shall be commenced within 90 days after filing of the plan or amendment thereto pursuant to Section 106~.~. or the taking of that action. 10651. In tiny action or pr6ceeding to attack, review, set aside, void, or annul a plan, or an action taken pursuant to the plan by an urban water supplier on the grounds of noncompliancc with this part, the inquiry shall extend only to whether there was a prejudicial abuse of discretion. Abuse of discretion is established if the supplier has not proceeded in a manner required by law or if the action by the water supplier is not supported by substantial evidence. 10~$2. The Caiiforni~ Envi~-0nm~tal (~Ualit~ ~,ct (Division 'i'~"(C~unencmg 'with Se~'~ion 21000) of the Public Resources Code) does not apply t~ the preparation and adoption of plans pursuant to this part or to the implementation of subdivision (c) of Section 1'0631. Nothing in this part shall be interpreted as exempting from the California Environmental Quality Act any project that would significantly affect water supplies for fish and wildlife, or any project for implementation of thc plan. other than projects implementing subdivision (e) of Section 10631, or any project for expanded or additional water supplies. 10653. The adoption of a plan shall satisfy any requirements of state law, regulatio~l, or order, including those of the State Water Resources Control Board, for the preparation of water management plans or conservation plans; provided, that if the State Water Resources Control Board requires additional information concerning water conservation to implement its ' existing authority, nothing in this part shall be deemed to limit the board in obtaining that information. The requirements of this part shall be satisfied by any water conservation plan prepared to meet federal laws or regulations after the effective date of this part, and which substantially meets the requirements of this part, or by any existing water management or conservation plan which includes the contents of a plan required under this part. 11/14/1B9~ ig'47 7074B2613B CiTY OF UKIAH PAGE 14 10654. An urban watcr supplier may recover in its rates the costs incurred in preparing its plan and iinplementing thc reasonable water conservation measures included in thc plan. Any best watcr management practice that is included in the plan that is identified in thc "Mcmorandum of Understanding Regarding Urban Water Conservation in California" is deemed to be rcasormble for thc purposes of this section. 10655. If a~ly provision of this part or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of this part which can be given effect without the invalid provision or application thereof, and to this end thc provisions of this part are severable. · management Chapter 3. 10656. An urban water supplier that does not submit an amendment to its urban water management plan pursuant to subdivision (a) of Section 10621 to the depamnent by January 31. 1992, is ineligible to receive drought assistance from the state until the urban water plan is submitted pursuant 1o Article 3 (commencing with Section 106a0) of .' SEC. 2, No appropriation is made and no reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution or Section 1231 or 2234 of the Revenue and Taxation Code because the local agency or s~hool district has the authority levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act. uwmplan, cur.-- revised 1/95 10 Kennedy/Jenks Consultants 9 December 1996 Engineers and Scientists Marathon Plaza, Tenth Floor 303 Second SIreet San Francisco. Cahfornia 94107 415-243-2150 FAX 415-896-0999 Mr. George Borecky Public Utilities Department City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Subject: Proposal for Engineering Services 1995 Urban Water Management Plan Update K/J A96074W Dear Mr. Borecky: Kennedy/Jenks Consultants (Kennedy/Jenks) is pleased to submit this proposal for the preparation of a 1995 Urban Water Management Plan Update for the City of Ukiah (City). This proposal has been prepared in response to your request and is based on review of the previous 1985 Urban Water Management Plan and current Department of Water Resources (DWR) guidelines. SCOPE OF WORK The proposed scope of work for the preparation of the City's 1995 Urban Water Management Plan Update is as follows: Phase I - Data Review Task l' Attend Kick-Off/Coordination Meeting Kennedy/Jenks will meet with City staff to discuss the workplan for the project including data needs, project deliverables and project schedule. Also, any modifications, additions or updates to the policies and ordinances described in the City's 1985 Urban Water Management Plan Update (1985 Plan) will be discussed. Task 2: Obtain and Review Available Data Kennedy/Jenks will review the City's 1985 Plan as well as policy changes and/or new ordinances which may have been adopted by the City since then. The following data also will be collected and reviewed: Mr. George Borecky Public Utilities Department City of Ukiah 9 December 1996 Page 2 Kennedy/J enks Consultants · Historic, existing and projected (to the year 2015) water supply quantities for the City; · Historic, existing and projected (to the year 2015) water demands and population estimates; · Current water demands by customer type; · Water rate structure and current rates; · Projected worst case water supply quantities for each supply source for 1996, 1997 and 1998; · Update on the City's water conservation program including annual budget, implementation schedules, and BMP's; · Update on the City's water rationing program; · Current water system budget information; · Evaluation of water reuse potential to supplement water supply; · Review of water rights and withdrawal capabilities from the Russian River; and · Assessment of existing groundwater sources and potential for expansion. This information will be incorporated into the 1995 Plan (see Task 6). Phase II - Evaluation and Report Task 3: Evaluate Water Supply vs. Demand Kennedy/Jenks will evaluate water supply capabilities to meet historic, current, and projected water demands and identify deficiencies. This evaluation will include a review of the potential for water reuse to meet a portion of the City water demands. Task 4: Evaluate Water Conservation Programs Kennedy/Jenks will review and evaluate the City's water conservation program and update the information contained in the 1985 Plan. Changes and updates to the 1985 Plan will be incorporated into the 1995 Plan. Task 5: Develop Water Shortage Contingency Plan Kennedy/Jenks will develop a Water Shortage Contingency Plan based on current City policies for inclusion in the 1995 Plan. Task 6: Prepare Draft Report Based on results of the previous tasks, a draft report of the 1995 Plan Update will be prepared. The draft report will be an update of the City's 1985 Plan and will be in the format recommended by DWR for the 1995 Plan. A "preview" copy of the draft report will be provided to City staff for review and comment. Upon the City's approval of the draft report, ten (10) Mr. George Borecky Public Utilities Department City of Ukiah 9 December 1996 Page 3 Kennedy/J enks Consultants copies of the draft report will be submitted to the City for public review, after which a public hearing must be held. Task 7: Prepare Final Report Following the City and public reviews and the public hearing, comments on the draft report will be incorporated into a final report of the 1995 Urban Water Management Plan Update. The plan shall then be adopted and implemented by the City. Ten (10) copies of the final report will be submitted to the City; three (3) copies of which must be filed by the City with DWR. CITY-FURNISHED SERVICES The City will provide the following services: · Required data as described in Task 2 and · As-needed coordination with and data collection from other area water suppliers. · Conduct City review, coordinate public review, conduct the public review hearing, and compile review comments and submit to Kennedy/Jenks. ADDITIONAL SERVICES The following services are not included in this agreement and will be considered as additional services: · Work not specifically described in Tasks 1 through 7; · Additional coordination meetings with City staff and/or other agencies; and · Attendance at the public hearing to receive public comments on the draft report. If requested and authorized by the City, these additional services will be performed by Kennedy/Jenks on a time-and-materials reimbursement basis in addition to the proposed budget. We propose that compensation for our services as described above be provided on a time and expense reimbursement basis in accordance with our attached Schedule of Charges dated January 1, 1996. It is proposed that Kennedy/Jenks Consultants be authorized to proceed with this work as directed by the City of Ukiah for a reimbursable budget of $15.000. This budget will not be exceeded without authorization. Budgets by phase are as follows: Phase I (Tasks 1-2) Phase II (Tasks 3-7) $ 4,000 $11,000 Mr. George Borecky Public Utilities Department City of Ukiah 9 December 1996 Page 4 Kennedy/J enks Consultants This proposal is based on current staff availability projections and costs and, therefore, is valid for 90 days following the date of this letter. SCHEDULE In recent discussion with DWR submittal of a draft report by 15 February 1997 will be acceptable in lieu of a final adopted plan. If a submittal is not made by this date the City would not be eligible for drought relief funds should they be needed. A final plan would then be submitted upon public review and adoption by the City. On this basis we have developed the following compliance schedule: Phase I December 4, 1996 December 6, 1996 December 10, 1996 December 16-20, 1996 December 20, 1996 Authorization to proceed Submit list of needed data and information Pick up assembled data from City Conduct kickoff meeting with City Phase I complete; Phase II work authorized Phase II January 27, 1997 February 10, 1997 February 15, 1997 March 10, 1997 Early March, 1997 Mid March, 1997 Kennedy/Jenks submits draft report to City for staff review Approved draft plan filed with DWR; public notice issued Draft plan received by DWR Kennedy/Jenks submits final report to City for adoption Plan adoption by City Adopted plan filed with DWR The above schedule is aggressive in order to meet the DWR February deadline and is based upon the availability of data and information, and verbal authorization of 4 December 1996 to proceed with the Phase I work in accordance with our 25 November 1996 draft proposal. PROJECT TEAM The project team will be as follows: Project Manager, Joel Failer. Mr. Failer has worked with the City of Ukiah on several projects for the public utilities department. He is familiar with the area and is knowledgeable of City policies and procedures. Joel will work directly with the City and coordinate all the tasks on the project. Project Engineer, Kelly Lavino. Ms. Lavino from our Sacramento office has completed 1995 Urban Water Management Plans for the City of Stockton and for Arcade Water District. Ms. Lavino will work closely with Mr. Failer to assist with completion of the 1995 Plan. Mr. George BoreckY Public Utilities Department City of Ukiah 9 December 1996 Page 5 Kennedy/J enks Consultants Quality Assurance/Quality Control, Bill Bardin. Mr. Bardin has over 35 years of water related activities and has worked on numerous Urban Water Management Plans including the QA/QC for the City of Stockton and Arcade Water District 1995 Plans. He has a solid understanding of regulatory agencies and their requirements as they relate to Urban Water Management Plan Updates. To assure a clear understanding of all matters related to our mutual responsibilities, the attached Standard Conditions dated 1 January 1993 are made a part of our agreement. We have found these terms to be appropriate for use with agreements for the provision of engineering services, and accordingly, should any conflict exist between the attached terms and the form of any purchase order or confirmation issued, the terms of this proposal and the attached Standard Conditions shall prevail in the absence of our express written agreement. If this proposal meets with your approval, please sign where noted below and return a copy to our office to serve as our authorization. Thank you for considering us for this work. We look forward to working with you. Very truly yours, KE EDY/JE S C SULTANTS · Project Manager JAF/dw g:\busdev~proposal~ 1996~,letters~a96074w. doc Enclosure AUTHORIZED: CITY OF UKIAH By Title Date ITEM NO. 10e MEETING DATE: December 18, 1996 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF NEW DEPARTMENT AND BUDGET AMENDMENT FOR ABATEMENT OF ABANDONED VEHICLES. The Department of Public Safety receives numerous complaints from the community regarding suspected abandoned vehicles. The Department currently utilizes uniformed officers to assist in abating these vehicles from both public streets and private property. Prior to fiscal year 1996/97, the Department of Public Safety utilized the services of a Community Services Officer (CSO) who devoted a great deal of time to the abatement of abandoned vehicles. The CSO saved the officers a significant amount of time that they could then devote to other police services. The process of budget reductions caused the Department to leave the vacated CSO position unfilled. The State of California has instituted a program for reimbursement of costs incurred by local jurisdictions in the process of this abatement program. A portion of the revenues collected by the Department of Motor Vehicles is returned to the County of Registration. The County of Mendocino distributes the State funds according to the percentage of vehicles abated by the jurisdiction. (Continued on page 2) RECOMMENDED ACTION: 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. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine budget amendment should be modified, identify those changes, and adopt revised budget amendment. 2. Determine new department is not appropriate and do not adopt budget amendment. Account Number: 100.2002.XXX Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Appropriation Requested: $27,653 N/A Fred W. Keplinger, Director of Public Safety Wayne R. McBride, Captain Michael Harris, Assistant City Manager, Gordon Elton, Director of Finance, and Candace Horsley, City Manager 1. Proposed budget narrative page, page 1. 2. Budget amendment worksheet, page 2. Manager Agenda Summary Report- December 18, 1996 Abandoned Vehicle Abatement Department and Budget Amendment Page 2 Part-time Abandoned Vehicle Abatement Officers will be able to devote their efforts toward this abatement program and relieve the uniformed officers of these additional tasks. Revenues reimbursed by the State are currently adequate to fund the costs of personnel, uniforms, equipment, and administration. Changes in the State guidelines require that the funds received from the State be accounted for in a trust account and any unexpended funds returned to the State at the end of the fiscal year. The trust account will receive the funds from the County and the monies are then transferred to the General Fund to cover the expenditures in the new department as appropriate. The proposal of an Abandoned Vehicle Abatement Department is an effort to insure that this program and it's funding is managed effectively and that the citizens of Ukiah receive the maximum benefit from the reimbursements. Almost all of these expenses had been included in the originally adopted budget. The budget amendment actually reduces the Police Department expenditures by $24,779, authorizes expenditures of $27,653 in the new General Fund department, and increases budgeted revenue by $19,353 to a total of $27,653. The attachments include the applicable budget narrative pages and the specific budget amendment worksheet which lists the changes to the General Fund fund balance. Staff recommends approval of the new Abandoned Vehicle Abatement Department and the necessary budget amendment. asrcc: 1218AVA 0 GENERAL FUND #100 Budgeted amounts: Beginning fund balance 7/1/96 Revenue budgeted Expenses budgeted Transfers In/(Out), at net Loans to other funds Budgeted ending fund balance 6/30/97 $ 471,911 $ 5,971,344 $ (6,907,873) $ 701,973 $ (220,813) $ 16,542 Adjustments made during the fiscal year: Date Proposed Account No. Vehicle abatement program: 12/18/96 Additional program revenue 100.0800.632 $ 19,353 12/18/96 Salaries, non-regular 100.2002.111 $ (12,480) 12/18/96 Salary charged by other Depts (Police) 100.2002.120 $ (800) 12/18/96 Retirement 100.2002.141 $ (2,586) 12/18/96 Workers' Comp ins 100.2002.152 $ (874) 12/18/96 Medicare 100.2002.154 $ (181) 12/18/96 Unemployment 100.2002.155 $ (37) 12/18/96 Vehicle towing 100.2002.250 $ (3,570) 12/18/96 Equipment rental 100.2002.255 $ (1,500) 12/18/96 Equipment maint. & repair 100.2002.302 $ (150) 12/18/96 Vehicle maint. & repair 100.2002.303 $ (800) 12/18/96 Postage 100.2002.411 $ (250) 12/18/96 General supplies 100.2002.420 $ (325) 12/18/96 Fuel & Lubricants 100.2002.450 $ (500) 12/18/96 Special supplies 100.2002.690 $ (600) 12/18/96 Computer equipment 100.2002.800 $ (3,000) Police Dept #2001 reductions: 12/18/96 Salaries, regular 100.2001.110 $ 13,196 12/18/96 Retirement 100.2001.141 $ 2,734 12/18/96 Workers' Comp ins 100.2001.152 $ 923 12/18/96 Medicare 100.2001.154 $ 191 12/18/96 Unemployment 100.2001.155 $ 40 12/18/96 Uniform allowance 100.2001.157 $ 300 12/18/96 Vehicle towing 100.2001.250.007 $ 3,570 12/18/96 Lease purchases 100.2001.255 $ 1,500 12/18/96 Equipment maint. & repair 100.2001.302 $ 150 12/18/96 Vehicle maint. & repair 100.2001.303 $ 800 12/18/96 Postage 100.2001.411 $ 250 ~2/~8/96 General supplies 100.2001.420 $ 325 12/18/96 Fuel & Lubricants 100.2001.450 $ 500 12/18/96 Special Supplies- photographic supplies 100.2001.690.001 $ 100 12/18/96 Special Supplies- Code books 100.2001.690.005 $ 100 12/18/96 Special Supplies- forms 100.2001.690.008 $ 100 Revised Budgeted Ending Fund Balance 6/30/97 $ 33,021 RESERV97.XLS 12/13/96 Page 1 Funds 100; 110; 115; 130; 131 ITEM NO. 1 Of MEETING DATE' December 18, 1996 AGENDA SUMMARY REPORT SUBJECT: SELECTION AND APPOINTMENT OF VICE MAYOR Past City Council practice has been to formally select the Vice Mayor. Motion and vote of the Council is the method of appointment. Staff recommends that formal action be taken to appoint the Vice Mayor. RECOMMENDED ACTION: By motion make nomination and appointment of Vice Mayor. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine other procedure is appropriate for selection of Vice Mayor, identify those changes, and proceed with new process. 2. Determine Vice Mayor position is not to be identified and take no action. Account Number: N/A Appropriation Requested: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Michael Harris, Assistant City Manager ~J~~ Candace Horsley, City Manager None Approved by: acrcc 1218VM Candac-e"Horsley, C~ly Manager