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Home My WebLink About1996-04-17 PacketCITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminao' Avenue Ukiah, CA 95482 April 17, 1996 6:30 p.m. . Approved 4. w/corredtions to RAM 4/3/96 RM 4/3/96 Roll Call Invocati on/Pl edge of Allegiance Proclamation Declaring April 23 as Second Annual Youth Service Day in Coordination with National Youth Service Day Approval/Correction of Minutes a. Regular Adjourned Meeting of April 2, 1996 b. Regular Adjourned Meeting of April 3, 1996 c. Regular Meeting of April 3, 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 days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. 6. 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. Approved a. Receive Report Regarding March 1996 Disbursements ~Approved b. Deny Claim Received from Mark Sparso, and Refer to City Insurance Carrier Approved c.-Award of Bid for High Voltage Line Clearing and Tree Trimming at Various Locations within the Pul led to be City, to Marvins Garden in an Amount Not to Exceed $30,000 considered by URAd. Adopt Plans, Specifications, and Engineer's Cost Estimate for the Extension of Airport Park Blvd. Within the Airport Industrial Park and Authorize the Notice Inviting Bids for the Performance of the Work ' /i' Receive Proposed Budget and Funding Request from Mendocino Transit Authority to Mendocino Council of Governments · Approve Budget Amendment in the Amount of $6,000 for Unanticipated Training Expenses of Approved Sponsoring Two Police Recruits Through the Basic Police Academy Rest96-53 g. Adopt Resolution Abolishing On-Street Parking Spaces and Establishing a No Parking ~ Loading Zone on the South Side of Mill Street Along the Frontage of 209 Mill Street and the Adjacent Parcel to the West ~i' Waive Irregularity in Bid N°t Material t° C°st °r Perf°rmance and Award C°ntract t° T&T Paving, Inc, dba Valley Paving of Redwood Valley, in the Amount of $13,088.98 for the Construction of ADA Curb Ramps (Phase I) Near Main Street Library and Low Gap Courity Buildings, Spec. No. 95-20 Declare Public Safety Department Vehicles Surplus and Approve Sale AUDIENCE CO_'VL-MENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is an item 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. . Res. 96-54 Denied Appeal Approved ApPeal Approved Appeal Read by Title only as revised PUBLIC HEARINGS - 7:00 p.m. * As this is a quasi-judicial hearing, Councilmembers are required to view the sitc prior to Council meeting a. Adoption of Resolution Approving The Nondisposal Facility Element, Dated March 22, 1996, as Prepared by The Mendocino Solid Waste Management Authority (MSWMA) Pursuant to AB 939 As Mandated by The State of California, And Accept City's Solid Waste Management Plan b. Appeal of Planning Commission's Denial of Variance Application No. 96-05, as Filed by Friedman Brother's Hardware, to Exceed the Building Height Limit Required for a Structure in the Airport Industrial Park Planned Development, from 50 to 70 Feet, for the Purpose of Constructing a 70 Ft. High Flagpole on a Property Located in the Airport Industrial Park, at 1235 Airport Park Blvd c. Appeal of Planning Commission's Denial of Use Permit 96-02, as Filed by Buck Ganter, to Allow The Construction ora 1,293 Sq. Ft. Second Unit on a .38 Acre Parcel Within the R-1 Zoning District, Located at 725 Walnut Avenue d. Appeal of Planning Commission's Denial of Use Permit Application No. 96-08, as Filed by Axt & Mitchell for Robert Sandelin, to Allow a 379 Square Foot Residence and a 1,208 Square Foot Residence Located on a Parcel in the R-3 (General Multiple Residential) Zoning District to Be Converted into Professional Office Buildings, on Property Located at 311 West Perkins Street e. Introduction of Amended Ordinance for the Airport Industrial Park (AIP) Planned Development (Pd), as Initiated by City Staffand Recommended by the City Planning Commission. The Proposed Amendments Include Describing the Circulation Plan for the Aip Within the Text; Providing a Circulation Plan Map; Adding Language to Permit Retail Commercial Land Uses in the Highway Commercial Designation with the Securing of a Site Development Permit; and Other Minor Changes 9. PETITIONS AND COMMUNICATIONS Referred to Staffa. Petition to Reconsider Demolition Permit Application for Structure at 400 East Perkins Street Uenied request b. Discussion Concerning Letter Received from Mendocino Council of Governments Requesting to patti ci pate _, Support for Eel River Pump Project 10. Res. 96-55 - OOhn McCowen ., UNFINISHED BUSINESS a. Adopt of Resolution Approving Joint Powers Agreement for Mendocino Emergency Services Authority, Approve Budget, and Appointment of City Manager to Board of Commissioners b. Nomination to Fill the One Vacancy on the Planning Commission, and Adoption of Resolution Making Appointment Res. 96-56 a. Recei"ved rpt/ 6. letter to be sent Res. 96-57 Approved 11. NEW BUSINESS Adopt Resolution Approving Budget Amendment and Loan for Ukiah Valley Conference Center Discussion of Proposed Land Purchase by MSWA for Purpose of Countywide Transfer Station as per R. Shoemaker c. ~ Adopt Resolution Authorizing Mayor to Execute Agreement for City Manager Services with Candace Horsley d. Review and Approval of Staff Restructuring Proposal Due to Vacancy at Assistant City Manager Position 12. CITY COUNCIL/REPORTS 13. CLOSED SESSION - a. Government Code Section 54957 - PUBLIC EMPLOYEE PERFORMANCE EVALUATION - City Manager 14. ADJOURNMENT The Ci0, of Ukiah complies with .4D,4 requirements and will attempt lo reasonabi), accommodate individuals with disabilities upon request. CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 April 17, 1996 6:30 p.m. o Approved 4. w/corredtions to RAM 4/3/96 RM 4/3/96 Roll Call Invocation/Pledge of Allegiance Proclamation Declaring April 23 as Second Annual Youth Service Day in Coordination with National Youth Service Day Approval/Correction of Minutes a Regular Adjourned Meeting of April 2, 1996 b. Regular Adjourned Meeting of April 3, 1996 c. Regular Meeting of April 3, 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 days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. 6. 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. Approved a. Receive Report Regarding March 1996 Disbursements 'ApproveO b.,Deny Claim Received from Mark Sparso, and Refer to City Insurance Carrier Approved_ c. Award of Bid for High Voltage Line Clearing and Tree Trimming at Various Locations within the Pul led to be City, to Marvins Garden in an Amount Not to Exceed $30,000 c~nsi dered by URAd. Adopt Plans, Specifications, and Engineer's Cost Estimate for the Extension of Airport Park Blvd. Within the Airport Industrial Park and Authorize the Notice Inviting Bids for the Performance of the Work i ' Receive Proposed Budget and Funding Request from Mendocino Transit Authority to Mendocino Council of Governments Approve Budget Amendment in the Amount of $6,000 for Unanticipated Training Expenses of Approved Sponsoring Two Police Recruits Through the Basic Police Academy ~ P,e . Adopt Resolution Abolishing On-Street Parking Spaces and Establishing a No Parking ~ Loading Zone on the South Side of Mill Street Along the Frontage of 209 Mill Street and the Adjacent Parcel to the West ~ · Waive Irregularity in Bid Not Material to Cost or Performance and Award Contract to T&T ~i' Paving, Inc, dba Valley Paving of Redwood Valley, in the Amount of $13,088.98 for the Construction of ADA Curb Ramps (Phase I) Near Main Street Library and Low Gap County Buildings, Spec. No. 95-20 Declare Public Safety Department Vehicles Surplus and Approve Sale . AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is an item of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. . Res. 96-54 Deni ed Appeal Approved ApPeal Approved Aplbeal Read by Title only as revised PIj-BLIC HE~G$- 7;00 p.m. As this is a qua.~i-judicial hearing, Councilmembers are required to view the site prior to Council meeting a~ Adoption of Resolution Approving The Nondisposal Facility Element, Dated March 22, 1996, as Prepared by The Mendocino Solid Waste Management Authority (MSWMA) Pursuant to AB 939 As Mandated by The State of California, And Accept City's Solid Waste Management Plan b. Appeal of Planning Commission's Denial of Variance Application No. 96-05, as Filed by Friedman Brother's Hardware, to Exceed the Building Height Limit Required for a Structure in the Airport Industrial Park Planned Development, from 50 to 70 Feet, for the Purpose of Constructing a 70 Ft. High Flagpole on a Property Located in the Airport Industrial Park, at 1235 Airport Park Blvd c. Appeal of Planning Commission's Denial of Use Permit 96-02, as Filed by Buck Ganter, to Allow The Construction ora 1,293 Sq. Ft. Second Unit on a .38 Acre Parcel Within the R-1 Zoning District, Located at 725 Walnut Avenue d. Appeal of Planning Commission's Denial of Use Permit Application No. 96-08, as Filed by Axt & Mitchell for Robert Sandelin, to Allow a 379 Square Foot Residence and a 1,208 Square Foot Residence Located on a Parcel in the R-3 (General Multiple Residential) Zoning District to Be Converted into Professional Office Buildings, on Property Located at 311 West Perkins Street e. Introduction of Amended Ordinance for the Airport Industrial Park (AIP) Planned Development (Pd), as Initiated by City Staffand Recommended by the City Planning Commission. The Proposed Amendments Include Describing the Circulation Plan for the Alp Within the Text; Providing a Circulation Plan Map; Adding Language to Permit Retail Commercial Land Uses in the Highway Commercial Designation with the Securing of a Site Development Permit; and Other Minor Changes 9. PETITIONS AND COMMUNICATIONS Referred to Staffa. Petition to Reconsider Demolition Permit Application for Structure at 400 East Perkins Street ]enied requesl; ' b'. Discussion Concerning Letter Received from Mendocino Council of Governments Requesting to participate , Support for Eel River Pump Project 10. Res. 96-55 John McCowen .UNFINISHED BIj$INES$ a. Adopt of Resolution Approving Joint Powers Agreement for Mendocino Emergency Services Authority, Approve Budget, and Appointment of City Manager to Board of Commissioners b. Nomination to Fill the One Vacancy on the Planning Commission, and Adoption of Resolution Making Appointment Res. 96-56 a. Recei'ved rpt/ b. letter to be sent ,, · Res. 96-57 c. Approved 11. NEW BUSINESS Adopt Resolution Approving Budget Amendment and Loan for Ukiah Valley Conference Center Discussion of Proposed Land Purchase by MSWA for Purpose of Countywide Transfer Station as per R. Shoemaker Adopt Resolution Authorizing Mayor to Execute Agreement for City Manager Services with Candace Horsley d. Review and Approval of Staff Restructurin~ Proposal Due to Vacancy at Assistant City Manager Position 12. CITY COUNCIL/REPORTS 13. CLOSED SESSION - a. Government Code Section 54957 - PUBLIC EMI~LOYEE PERFORMANCE EVALUATION - City Manager 14. ADJOURNMENT The Ci0, of Ukiah complies with .-1D, q requirements and will atle,lpt to reasonabl), accommodate individuals with disabilities upon request. CITY OF UKIAH CITY COUNCIL MINUTES Regular Adjourned Meeting COUNCIL WORKSHOP REGARDING INVESTMENT STRATEGY DRAFT April 2, 1996 9:00 a.m. The City Council convened at 9:08 a.m., in a regular meeting, of which the agenda was legally noticed and posted, in the Ukiah Civic Center Council Chambers, 300 Seminary Drive, Ukiah, California. Roll was taken and the following Councilmembers were present: Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter. Staff present: City Clerk McKay, City Treasurer Coyne, City Manager Horsley, Finance Director Elton, Assistant to the City Manager Harris, Assistant Redevelopment Director DeKnoblough, and Executive Assistant Yoast. The presentation was by Nancy Jones, Managing Director of Public Financial Management, Inc. in the San Francisco Office. 2. AUDIENCE COMMENTS ON NON-AGENDA ITEMS None. NEW BUSINESS 3a. Council Workshop Regarding Investment Strategy Ms. Jones introduced herself to Council and explained her role in her company and how they specialize in public investment management. She presented slides regarding new law changes in January of 1996, regarding Treasurer and Chief Financial Officer reporting requirements, investment policy development, and the Council's role and responsibility in reviewing financial documents. She answered questions from Council and staff regarding our current portfolio, security, current yields, maturity distribution, portfolio diversification, and evaluation of purchases. She proceeded to present to Council how a professional financial firm manages portfolios for public agency funds, reviewed services and fees, and her perspectives regarding policy development, portfolio management, LAIF investments, maturity, measurement processes and explained she will forward copies of her presentation to Council in the near future. Mayor Schneiter and Council expressed their appreciation to Ms. Jones for her thorough presentation. Councilmember Wattenburger briefly reported to Council on his sub- committee meetings with Gary Akerstrom. ADJOURNMENT There being no further business, the meeting was adjourned at 10:40 a.m., to April 3, 1996, at 5:30 p.m. in the Council Chambers of the Ukiah Civic Center, for a Council workshop regarding the Electric Utility of Ukiah and the current electric industry. CCMIN.224 Cathy McKay CMC/AAE, City Clerk Reg. Adj. Mtg. April 2, 1996 Page 1 CITY OF UKIAH CITY COUNCIL MINUTES Regular Adjourned Meeting COUNCIL WORKSHOP REGARDING ELECTRIC UTILITY April 3, 1996 5:30 p.m. D2AFT The City Council convened at 5:31 p.m., in a regular meeting, of which the agenda was legally noticed and posted, in the Ukiah Civic Center Council Chambers, 300 Seminary Drive, Ukiah, California. Roll was taken and the following Councilmembers were present: Mastin, Malone, Wattenburger, and Mayor Schneiter. Councilmember Shoemaker was absent at roll call. Councilmember Shoemaker then joined the meeting at 5:34 p.m. Staff present: City Clerk McKay, City Manager Horsley, Public Utility Director Barnes, Electric Supervisor Bartolomei, Electrical Distribution Engineer Wobig, Electrical Technician Yoast, Water/Sewer Operations Superintendent Borecky, Engineering Technician Kaye, Finance Director Elton, Assistant to the City Manager Harris, and Assoc. Civil Engineer Woods. AUDIENCE COMMENTS ON NON-AGENDA ITEMS - No one came forward. NEW BUSINESS 3a. Council Workshop Regarding Electric Utility Industry Restructuring and Its Relationship to the City of Ukiah Electric Utility The Public Utility Director Barnes presented overhead slides and information to Council regarding electric retail wheeling, direct access and the recent deregulation of the electric industry. He addressed issues surrounding restructuring, transition charges, the process of deregulation, and the challenges in the coming competitive market. He reported on how stranded costs will affect us and outlined the total debt and noted areas that are risk. Council queried staff regarding electric markets, stranded costs of investments recovery by 2005, independent power companies, transition charges of the CTC, declining future revenues, the City's electric utility total debt of $79,309,740, and potential consequences if defaults occur. The Public Utility Director continued with his presentation regarding debt, revenue projections, power sales prices, generation and transmission costs, upgrades, system O & M, distribution overhead costs, interdepartmental charges, total costs, systems costs, potential aggregating of retail stores within Ukiah, and possible competitive strategies. Peter Caden, PG&E District Representative, stated PG&E has been preparing for this deregulation, the past 5 years. He explained it started in 1990's with the California recessions and energy costs were high. He spoke to issues such as the Federal regulation process is too long, gas competition is needing fast decisions, and that this deregulation presents a wide open field, and everyone is going through this process. He agreed with the Public Utility Director that there is a need to be customer focused. Mayor Schneiter questioned Mr. Caden regarding large companies. Mr. Caden explained that the utilities and independent power producers are ready to sign up large users, and the political process is still in the formation stage as there are pending bills in the legislature, and agreed that service areas are threatened. Council expressed their appreciation to the Public Utility Director for his informative presentation and noted we should keep abreast of this issue. There being no further business, the meeting was adjourned at 6:31 p.m. CCMIN.225 Cathy McKay CMC/AAE, City Clerk Reg. Adj. Mtg. April 3, 1996 Page 1 MEMO To: Agenda Packet and Mail Subscribers From: Cathy McKay, City Clerk Subject: Council agenda Item 4c Date: April 17, 1996. The minutes of the regular Council meeting of April 3, 1996 are not finalized for distribution with this agenda packet late Friday afternoon. You will find a finalized Copy of these draft minutes in the Council Chalnber foyer in the Ukiah Civic Center by 10:00 a.m. on Monday, April 15, 1996. Of course, receivers of the full Council .agenda packet, will be delivered their copy at that time. MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - April 3, 1996 P. 1 DRAFT The City Council convened at 6:52 p.m., in a regular meeting, of which the agenda was legally noticed and posted, in the Ukiah Civic Center Council Chambers, 300 Seminary Drive, Ukiah, California. Roll was taken and the following Councilmembers were present: Mastin, Malone, Wattenburger, Shoemaker. and Mayor Schneiter. Staff present: City Clerk McKay, City Manager Horsley, Public Utility Director Barnes, Finance Director Elton, Assistant to the City Manager Harris, and Assistant Redevelopment Director DeKnoblough. 2. Invocation/Pledge of Allegiance Councilmember Malone delivered the Invocation and Councilmember Shoemaker led the Pledge of Allegiance. 3. Proclamation Declaring May 11, 1996 as National Association of Letter Carriers Food Drive Day Mayor Schneiter read the Proclamation, and as there was no one present to receive it he requested staff to deliver it tomorrow to the appropriate people. 4. Approval/Correction of Minutes of Regular Meeting of March 20, 1996 M/S Wattenburger/Malone to approve the minutes of the regular meeting of March 20, 1996, as submitted. The motion was carried by the following roll call vote: AYES: Malone, Wattenburger, and Mayor Schneiter. NOES: None. Abstain: Councilmembers Mastin and Shoemaker. 5. RIGHT TO APPEAL DECISION Mayor Schneiter reviewed Government Code Section 1094.6 of the California Code of Civil Procedures. 6. CONSENT CALENDAR Councilmember Shoemaker noted it is significant step forward where Item 6D. on this agenda, authorizes the first household hazardous waste pickup for Mendocino Solid Waste Management Authority at Ukiah's North Fire Station. Councilmember Wattenburger questioned staff regarding mounting costs associated with the non-delivery of the new CAT scraper. Staff noted this proposal is a contingency plan, and the CAT dealer has agreed to honor the original agreement. Councilmember Wattenburger requested Item 6h. Authorize Expenditure of Gas Tax Fund Balance in Fund 301 (2107), Not to Exceed $5,000, for the Purpose of Funding the Preparation of Engineering Cost Estimates for Needed Of£site Capital Improvements Related to the Airport Industrial Park Development, be pulled from the Consent Calendar. This item of business then became New Business Item 9c. M/S Wattenburger/Mastin approved the Consent Calendar as follows; 6a. Adopted Resolution No. 96-50 authorizing the City Manager to submit, execute and accept Federal Emergency Shelter Grant from the California State Department of Housing and Community ~Development. 6b. Received report regarding purchase of Pool Chlorinator from Aquatic Commercial Industries, in the amount of $5,607, to be funded from Acct. 100-6130-800, including additional $237 over budgeted amount. 6c. Authorized the Mayor to send letter to State Legislature Supporting SB 1590 (O'Connell). 6d. Authorized the City Manager to execute site use agreement for temporary household hazardous waste collections to be carried out by Mendocino Solid Waste Management Authority. 6e. Authorized budget transfer of $21,920 from landfill account Reg. Mtg. April 3, 1996 Page 1 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - April 3, 1996 P. 2 660-7301-250-005 to landfill account 660-3401-250-001 for providing needed scraper services under a contingency plan; 2) authorized the extension of the scraper service contract with Wipf Construction from April 30, 1996 to May 31, 1996; and 3) authorized the City Manager to execute service contract amendment. 6f. Authorized budget transfer of $9,900 from Landfill Acct. 660- 7301-250-005 to Landfill Acct. 660-3401-250, for the purpose of funding a Preliminary Engineering report related to the City's proposed corrective action program to mitigate VOC impacts to on- site groundwaters at the Ukiah Landfill. 6g. Authorized payment to the Redwood Business Park in amount of $6,158.60 for the .City of Ukiah's share of increasing water main capacity within the Business Park, with payment to be made from Acct. 820-3850-690. The motion on the floor was carried by the following roll call vote: AYES: Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Abstain: None. 7. None AUDIENCE COMMENTS ON NON-AGENDA ITEMS · UNFINISHED BUSINESS 8a. Adoption of Resolution Creating and Adopting The Oak Street Parking Facility Landscape Area as "Gardner Pocket Park" Mayor Schneiter reported Ms. Judy Pruden explained earlier she would have liked to attend this meeting regarding this matter, but regrets she is unable to attend due to health reasons. The Assistant Redevelopment Director reported on the proposal received by the Council previously and referred to a subcommittee. He explained the subcommittee's deliberations and recommendation to Council. Mayor Schneiter stated he would like to see this small area maintained better than in the past. M/S Malone/Mastin to adopt Resolution No. 96-51, creating and adopting Gardner Pocket Park. The motion was carried by the following roll call vote: AYES: Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Abstain: None. NEW BUSINESS 9a. Set Time and Date for Dedication of Advanced Wastewater Treatment Facility The Public Utility Director reported this large project is now completed and is requesting a date and time for a dedication ceremony. It was the consensus of Council to approve the time.and date of 9:30 a.m. on April 30, 1996, for a dedication ceremony for the newly upgraded and improved Advanced Wastewater Treatment Facility. Mayor Schneiter questioned if the plant is functioning. The Public Utility Director reported the plant's testing has met with approval for river discharge and technicians are now fine tuning, with the contractor moving offsite. He noted the wastewater is testing cleaner than drinking water. 9b. Adoption of Resolution Authorizing Loan Agreement to Ukiah Redevelopment Agency The Finance Director reported the final numbers have been finalized and explained the need to formalize previous outstanding loans for the Redevelopment Agency. He explained cash flow, principle and Reg. Mtg. April 3, 1996 Page 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - April 3, 1996 P. 3 interest calculations. The City Manager noted a Redevelopment workshop in May will address more specific details. M/S Shoemaker/Malone to adopt Resolution No. 96-52 approving the loan agreement between the Ukiah Redevelopment Agency and the City of Ukiah. The motion was carried by the following roll call vote: AYES: Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: Councilmember Wattenburger. Abstain: None. Councilmember Wattenburger explained that his no vote is his statement of protest of running a negative budget, as he does not agree with continued debt operations. 9c. Authorize Expenditure of Gas Tax Fund Balance in Fund 301 (2107), Not to Exceed $5,000, for the Purpose of Funding the Preparation of Engineering Cost Estimates for Needed Offsite Capital Improvements Related to the Airport Industrial Park Development Councilmember Wattenburger explained he is on a committee regarding the Redwood Business Park and has met with Gary Akerstrom, who continues to have concerns regarding the capital improvement fees, traffic engineering counts, and this item of business affects developer Akerstrom who continues to have contentions regarding bad traffic counts. Council queried staff regarding the traffic highway ramp, traffic counts prepared for the park's EAR by independent engineers, further engineering review services to determine best and least costly mitigation with the City Engineer, capital improvement fees determination from mitigation recommendations, and least costly mitigation versus proper protections for future use. The City Manager offered to bring the engineering recommendations back to Council. Council member Shoemaker stated he wants to see how the City is going to do this, as he is concerned with lane width narrowing, because consistency of roadways throughout our City is important. Mr. Akerstrom stated he wants the most for the money to address these issues, and is concerned that using the subsequent EAR traffic counts will result in wasted money, and noted his traffic counts differ from the independent engineering firm used in the most recent EAR. Mayor Schneiter reminded Mr. Akerstrom that the City Engineer is asking to hire an outside expert for analysis of mitigation, not redo the traffic counts. He noted it appears Mr. Akerstrom is still complaining about the EAR's figures, as he has in the past. He explained this matter on agenda tonight is only for acquiring outside engineering regarding mititgations options, for future determination and assignment of impact fees. Council member Mastin noted the City is going to take these figures and do what the City feels is best for a worst case scenario, as there is no specific plan for what businesses will~ come to the Redwood Business and Industrial Park. Mayor Schneiter explained as we have a certified EAR and its supplemental, he feels it is prudent to let the City Engineer hire an engineer to help him make the best decisions. This is the best thing the City can do to move the Park's development in a timely manner. M/S Shoemaker/Wattenburger to authorize the expenditure of Gas Tax Fund balance in Fund 301, not to exceed $5,000, for the purpose of funding the preparation of engineering cost estimates for needed off-site capital improvements related to development within the Airport Industrial Park, as stated and described in the EAR and none of the recommendations are different than any standards Reg. Mtg. April 3, 1996 Page 3 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - April 3, 1996 P. 4 required from any other development in the City of Ukiah. Discussion ensued regarding road standards in the city and future processing of capital improvements. Council member Shoemaker noted he does'not want to be included in the review process but does want us to use standards in the upcoming estimate. He explained he has seen things in this community not done right in the first place due to lack of money and he does not want to see it happen again. The motion on the floor was approved by the following roll call vote: AYES: Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: Council member Wattenburger. Abstain: None 10. CITY COUNCIL/REPORTS Councilmember Mastin - Reported on his meeting today with Congressman Riggs; noted he was judge for the County science fair for grades 1 - 12 in Willits; and noted a MTA block party is set for April 13 at the new Plaza. Councilmember Malone - Reported on the first steering committee for train depot site he attended and meetings he had with Congressman Riggs in addition to Hauser; noted he attended a LCC committee meeting regarding media education. Councilmember Wattenburger - Complimented the Ukiah Police SWAT team operations he witnessed this morning. Councilmember Shoemaker - Reported on the Mendocino Solid Waste Management Authority public hearing regarding certification of the transfer site EAR; reported on the league meeting he attended in Burbank; updated the Council on current legislative pending bills; reported he met with Senator Thompsen; and noted he will be out of town next week. Councilmember Malone - Requested Council to not consider the sister city request via letter as the writer called him to advise this matter is tabled; reported on a complaint he received regarding overflow of garbage cans in the Downtown district which needs to be addressed by staff; noted he is receiving a lot of the public's concerns regarding protection of the new Plaza and he hopes Chief Keplinger will be the protector and suggested we get surveillance video cameras; and he congratulated Councilmember Shoemaker on his March 26 victory for election to Mendocino County 2nd District Supervisor. Mayor Schneiter - Nothing to report. 11. CITY MANAGER/DEPARTMENT HEAD REPORTS - None. CLOSED SESSION 12a. Government Code Section 54957 - PUBLIC EMPLOYEE PERFORMANCE EVALUATION - city Manager Council adjourned to Redevelopment Agency at 8:38 p.m. Council reconvened in City Council Closed Session from Redevelopment Agency Closed Session at 8:44 p.m. Council came out of Closed Session at 9:00 p.m. and adjourned to Redevelopment Agency. Council reconvened at 9:04 p.m. ADJOURNMENT - There being no further business, the meeting was adjourned at CCMIN.226 Cathy McKay CMC/AAE City Clerk Reg. Mtg. April 3, 1996 Page 4 O~ THE CITY The City Council convened at 6:52 p.m., in a regular meeting, of which the agenda was legally noticed and posted, in the Ukiah Civic Center Council Chambers, 300 Seminary Drive, Ukiah, California. Roll was taken and the following Councilmembers were present: Mastin, Malone, Wattenburger, Shoemaker. and Mayor Schneiter. Staff present: City Clerk McKay, City Manager Horsley, Public Utility Director Barnes, Finance Director Elton, Assistant to the City Manager Harris, and Assistant Redevelopment Director DeKnoblough. 2. Invocation/Ple4ge of Allegiance Councilmember Malone delivered .the Invocation and Councilmember Shoemaker led the Pledge of Allegiance. 3. Proclamation Declaring May 11, 1996 as National Association of Letter Carriers Food Drive Day Mayor Schneiter read the Proclamation, and as there was no one present to receive it he requested staff to deliver it tomorrow to the appropriate people. 4. Approval/Correction of Minutes of Regular Meeting of March 20, 1996 M/S Wattenburger/Malone to approve the minutes of the regular meeting of March 20, 1996, as submitted. The motion was carried by the following roll call vote: AYES: Malone, Wattenburger, and Mayor Schneiter. NOES: None. Abstain: Councilmembers Mastin and Shoemaker. 5. RIGHT TO APPEAL DECISION Mayor Schneiter reviewed Government Code Section 1094.6 of the California Code of Civil Procedures. 6. CONSENT CALENDAR Councilmember Shoemaker noted it is significant step forward where Item 6D. on this agenda, authorizes the first household hazardous waste pickup for Mendocino Solid Waste Management Authority at Ukiah's North Fire Station. Councilmember Wattenburger questioned staff regarding mounting costs associated with the non-delivery of the new CAT scraper. Staff noted this proposal is a contingency plan, and the CAT dealer has agreed to honor the original agreement. Councilmember Wattenburger requested Item 6h. Authorize Expenditure of Gas Tax Fund Balance in Fund 301 (2107), Not to Exceed $5,000, for the Purpose of Funding the Preparation of Engineering Cost Estimates for Needed Offsite Capital Improvements Related to the Airport Industrial Park Development, be pulled from the Consent Calendar. This item of business then became New Business Item 9c. M/S Wattenburger/Mastin approved the Consent Calendar as follows; 6a. Adopted Resolution No. 96-50 authorizing the City Manager to submit, execute and accept Federal Emergency Shelter Grant from the California State Department of Housing and Community 'Development. 6b. Received report regarding purchase of Pool Chlorinator from Aquatic Commercial Industries, in the amount of $5,607, to be funded from Acct. 100-6130-800A including additional $237 over budgeted amount. 6c. Authorized the Mayor to send letter to State Legislature Supporting SB 1590 (O'Connell). 6d. Authorized the City Manager to execute site use agreement for temporary household hazardous waste collections to be carried out by Mendocino Solid Waste Management Authority. 6e. Authorized budget transfer of $21,920 from landfill account Reg. Mtg. April 3, 1996 Page 1 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - April 3, 1996 P. 2 660-7301-250-005 to landfill account 660-3401-250-001 for providing needed scraper services under a contingency plan; 2) authorized the extension of the scraper service contract with Wipf Construction from April 30, 1996 to May 31, 1996; and 3) authorized the City Manager to execute service contract amendment. 6f. Authorized budget transfer of $9,900 from Landfill Acct. 660- 7301-250-005 to Landfill Acct. 660-3401-250, for the purpose of funding a Preliminary Engineering report related to the City's proposed corrective action program to mitigate VOC impacts to on- site groundwaters at the Ukiah Landfill. 6g. Authorized payment to the Redwood Business Park in amount of $6,158.60 for the City of Ukiah's share of increasing water main capacity within the Business Park, with payment to be made from Acct. 820-3850-690. The motion on the floor was carried by the following roll call vote: AYES: Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Abstain: None. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS None UNFINISHED BUSINESS Sa. Adoption of Resolution Creating and Adopting The Oak Street Parking Facility Landscape Area as "Gardner Pocket Park" Mayor Schneiter reported Ms. Judy Pruden explained earlier she would have liked to attend this meeting regarding this matter, but regrets she is unable to attend due to health reasons. The Assistant Redevelopment Director reported on the proposal received by the Council previously and referred to a subcommittee. He explained the subcommittee's deliberations and recommendation to Council. .> Mayor Schneiter stated he would like to see this small area maintained better than in the past. M/S Malone/Mastin to adopt Resolution No. 96-51, creating and adopting Gardner Pocket Park. The motion was carried by the following roll call vote: AYES: Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Abstain: None. NEW BUSINESS 9a. Set Time and Date for Dedication of Advanced Wastewater Treatment Facility The Public Utility Director reported this large project is now completed and is requesting a date and time for a dedication ceremony. It was the consensus of ·Council to approve the time.and date of 9:30 a.m. on April 30, 1996, for a dedication ceremony for the newly upgraded and improved Advanced Wastewater Treatment Facility. Mayor Schneiter questioned if the plant is functioning. The Public Utility Director reported the plant's testing has met with approval for river discharge and technicians are now fine tuning, with the contractor moving offsite. He noted the wastewater is testing cleaner than drinking water. 9b. Adoption of Resolution Authorizing Loan Agreement to Ukiah Redevelopment Agency The Finance Director reported the final numbers have been finalized and explained the need to formalize previous outstanding loans for the Redevelopment Agency. He explained cash flow, principle and Reg. Mtg. April 3, 1996 Page 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - April 3, 1996 P. 3 interest calculations. The City Manager noted a Redevelopment workshop in May will address more specific details. · M/S Shoemaker/Malone to adopt Resolution No. 96-52 approving the loan agreement between the Ukiah Redevelopment Agency and the City of Ukiah. The motion was carried by the following roll call vote: AYES: Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: Councilmember Wattenburger. Abstain: None. Councilmember Wattenburger explained that his no vote is his statement of protest of running a negative budget, as he does not agree with continued debt operations. 9c. Authorize Expenditure of Gas Tax Fund Balance in Fund 301 (2107), Not to Exceed $5,000, for the Purpose of Funding the Preparation of Engineering Cost Estimates for Needed Offsite Capital Improvements Related to the Airport Industrial Park Development Councilmember Wattenburger explained he is on a committee regarding the Redwood Business Park and has met with Gary Akerstrom, who continues to have concerns regarding the capital improvement fees, traffic engineering counts, and this item of business affects developer Akerstrom who continues to have contentions regarding bad traffic counts. Council queried staff regarding the traffic highway ramp, traffic counts prepared for the park's EAR by independent engineers, further engineering review services to determine best and least costly mitigation with the City Engineer, capital improvement fees determination from mitigation recommendations, and least costly mitigation versus proper protections for future use. The City Manager offered to bring the engineering recommendations back to Council. Council member Shoemaker stated he wants to see how the City is going to do this, as he is concerned with lane width narrowing, because consistency of roadways throughout our City is important. Mr. Akerstrom stated he wants the most for the money to address these issues, and is concerned that using the subsequent EAR traffic counts will result in wasted money, and noted his traffic counts differ from the independent engineering firm used in the most recent EAR. Mayor Schneiter reminded Mr. Akerstrom that the City Engineer is asking to hire an outside expert for analysis of mitigation, not redo the traffic counts. He noted it appears Mr. Akerstrom is still complaining about the EAR's figures, as he has in the past. He explained this matter on agenda tonight is only for acquiring outside engineering regarding mititgations options, for future determination and assignment of impact fees. Council member Mastin noted the city is going to take these figures and do what the City feels is best for a worst case scenario, as there is no specific plan for what businesses will,come to the Redwood Business and Industrial Park. Mayor Schneiter explained as we have a certified EAR and its supplemental, he feels it is prudent to let the City Engineer hire an engineer to help him make the best decisions. This is the best thing the City can do to move the Park's development in a timely manner. M/S Shoemaker/Wattenburger to authorize the expenditure of Gas Tax Fund balance in Fund 301, not to exceed $5,000, for the purpose of funding the preparation of engineering cost estimates for needed off-site capital improvements related to development within the Airport Industrial Park, as stated and described in the EAR and none of the recommendations are different than any standards Reg. Mtg. April 3, 1996 Page 3 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - April 3, 1996 P. 4 required from any other development in the City of Ukiah. Discussion ensued regarding road standards in the City and future processing of capital improvements. Council member Shoemaker noted he does'not want to be included in the review process but does want us to use standards in the upcoming estimate. He explained he has seen things in this community not done right in the first place due to lack of money and he does not want to see it happen again. The motion on the floor was approved by the following roll call vote: AYES: Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: Council member Wattenburger. Abstain: None 10. CITY COUNCIL/REPORTS Councilmember Mastin - Reported on his meeting today with Congressman Riggs; noted he was judge for the County science fair for grades i - 12 in Willits; and noted a MTA block party is set for April 13 at the new Plaza. Councilmember Malone - Reported on the first steering committee for train depot site he attended and meetings he had with Congressman Riggs in addition to Hauser; noted he attended a LCC committee meeting regarding media education. Councilmember Wattenburger - Complimented the Ukiah Police SWAT team operations he witnessed this morning. Councilmember Shoemaker - Reported on the Mendocino Solid Waste Management Authority public hearing regarding certification of the transfer site EAR; reported on the league meeting he attended in Burbank; updated the Council on current legislative pending bills; reported he met with Senator Thompsen; and noted he will be out of town next week. Councilmember Malone - Requested Council to not consider the sister city request via letter as the writer called him to advise this matter is tabled; reported on a complaint he received regarding overflow of garbage cans in the Downtown district which needs to be addressed by staff; noted he is receiving a lot of the public's concerns regarding protection of the new Plaza and he hopes Chief Keplinger will be the protector and suggested we get surveillance video cameras; and he congratulated Councilmember Shoemaker on his March 26 victory for election to Mendocino County 2nd District Supervisor. Mayor Schneiter - Nothing to report. 11. CITY MANAGER/DEPARTMENT HEAD REPORTS - None. CLOSED SESSION 12a. Government Code Section 54957 - PUBLIC EMPLOYEE PERFORMANCE EVALUATION - City Manager Council adjourned to Redevelopment Agency at 8:38 p.m. Council reconvened in City Council Closed Session from Redevelopment Agency Closed Session at 8:44 p.m. Council came out of Closed Session at 9:00 p.m. and adjourned to Redevelopment Agency. , Council reconvened at 9:04 p.m. ADJOURNMENT - There being no further business, the meeting was adjourned at CCMIN.226 Cathy McKay CMC/AAECity Clerk Reg. Mtg. April 3, 1996 Page 4 CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 April 17, 1996 6:30 p.m. . . . Roll Call Invocation/Pledge of Allegiance Proclamation Declaring April 23 as Second Annual Youth Service Day in Coordination with National Youth Service Day Approval/Correction of Minutes a. Regular Adjourned Meeting of April 2, 1996 b. Regular Adjourned Meeting of April 3, 1996 c. Regular Meeting of April 3, 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 days (90) 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 Staffand/or Planning Commission recommendations. a. Receive Report Regarding March 1996 Disbursements b. Deny Claim Received from Mark Sparso, and Refer to City Insurance Carrier c. Award of Bid for High Voltage Line Clearing and Tree Trimming at Various Locations within the City, to Marvins Garden in an Amount Not to Exceed $30,000 d. Adopt Plans, Specifications, and Engineer's Cost Estimate for the Extension of Airport Park Blvd. Within the Airport Industrial Park and Authorize the Notice Inviting Bids for the Performance of the Work e. Receive Proposed Budget and Funding Request from Mendocino Transit Authority to Mendocino Council of Governments f. Approve Budget Amendment in the Amount of $6,000 for Unanticipated Training Expenses of Sponsoring Two Police Recruits Through the Basic Police Academy g. Adopt Resolution Abolishing On-Street Parking Spaces and Establishing a No Parking ~ Loading Zone on the South Side of Mill Street Along the Frontage of 209 Mill Street and the Adjacent Parcel to the West h. Waive Irregularity in Bid Not Material to Cost or Performance and Award Contract to T&T Paving, Inc, dba Valley Paving of Redwood Valley, in the Amount of $13,088.98 for the Construction of ADA Curb Ramps (Phase I) Near Main Street Library and Low Gap County Buildings, Spec. No. 95-20 i. Declare Public Safety Department Vehicles Surplus and Approve Sale . AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is an item 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. . PUBLIC HEARINGS - 7:00 p.m. * As this is a quasi-judicial hearing, Councilmembers are required to view the site prior to Council meeting a. Adoption of Resolution Approving The Nondisposal Facility Element, Dated March 22, 1996, as Prepared by The Mendocino Solid Waste Management Authority (MSWMA) Pursuant to AB 939 As Mandated by The State of California, And Accept City's Solid Waste Management Plan b. Appeal of Planning Commission's Denial of Variance Application No. 96-05, as Filed by Friedman Brother's Hardware, to Exceed the Building Height Limit Required for a Structure in the Airport Industrial Park Planned Development, from 50 to 70 Feet, for the Purpose of Constructing a 70 Ft. High Flagpole on a Property Located in the Airport Industrial Park, at 1235 Airport Park Blvd c. Appeal of Planning Commission's Denial of Use Permit 96-02, as Filed by Buck Ganter, to Allow The Construction ora 1,293 Sq. Ft. Second Unit on a .38 Acre Parcel Within the R-1 Zoning District, Located at 725 Walnut Avenue d. Appeal of Planning Commission's Denial of Use Permit Application No. 96-08, as Filed by Axt & Mitchell for Robert Sandelin, to Allow a 379 Square Foot Residence and a 1,208 Square Foot Residence Located on a Parcel in the R-3 (General Multiple Residential) Zoning District to Be Converted into Professional Office Buildings, on Property Located at 311 West Perkins Street e. Introduction of Amended Ordinance for the Airport Industrial Park (AIP) Planned Development (Pd), as Initiated by City Staff`and Recommended by the City Planning Commission. The Proposed Amendments Include Describing the Circulation Plan for the Alp Within the Text; Providing a Circulation Plan Map; Adding Language to Permit Retail Commercial Land Uses in the Highway Commercial Designation with the Securing of a Site Development Permit; and Other Minor Changes . PETITIONS AND COMMUNICATIONS a. Petition to Reconsider Demolition Permit Application for Structure at 400 East Perkins Street b. Discussion Concerning Letter Received from Mendocino Council of Governments Requesting Support for Eel River Pump Project 10. UNFINISHED BUSINESS a. Adopt of Resolution Approving Joint Powers Agreement for Mendocino Emergency Services Authority, Approve Budget, and Appointment of City Manager to Board of Commissioners b. Nomination to Fill the One Vacancy on the Planning Commission, and Adoption of Resolution Making Appointment 11. NEW BUSINESS a. Adopt Resolution Approving Budget Amendment and Loan for Ukiah Valley Conference Center b. Discussion of Proposed Land Purchase by MSWA for Purpose of Countywide Transfer Station as per R. Shoemaker c. Adopt Resolution Authorizing Mayor to Execute Agreement for City Manager Services with Candace Horsley d. Review and Approval of Staff Restructuring Proposal Due to Vacancy at Assistant City Manager Position 12. CITY COUNCIL/REPORTS 13. CLOSED SESSION - a. Government Code Section 54957 - PUBLIC EMPLOYEE PERFORMANCE EVALUATION - City Manager 14. ADJOURNMENT 77~e Cia, of Ukiah complies with .hlD..q requirements ami will alle#tt~t lo reasonabh, accommodate individtta[s with disabilities upon request. and call upon all citizens to recognize the special contributions of YSU members who community. National YoUth Servi~ Day celebrates and honors a national ~ treasure: America's young people involved in programs and projects to improve their communities and country. National Youth Service Day communicates to policy makers, business and community leaders, educators, parents, and young people the idealism and vast potential of organized youth service. It's a coordinated e~ort on one day, April 23, sign{fying the hundreds of thousands of hours young people give each year to address our country's most pressing problems. . Developed, administered, and funded by the City of Uklah, Youth~ Service Ukiah (YSU) is an ambitious program that enables local youth to -- voluntarily serve their community. YSU focuses on the belief that young people today are a valuable, yet untapped, resource and challenges them to take on leadership, responsibility, and ownership for the community in which they live. YSU provides opportunities for youth to gain a better understanding of their community and encourages respect, compassion, and care for all people. YSU's first teams were organized in January 1995. Since then, service members have contributed more than 4,000 hours of community service to the Greater Ukiah Area. The activities include intergenerational work with Ukiah seniors, assisting elementary school students, environmental clean-up projects, cultivating and donating 80 pounds vegetables to the Ukiah community food bank, and putting the finlshing touches on more than 200 wooden toys distributed during the Ukiah Christmas e.~o~. NOW, THEREFORE, I, Fred Schneiter, Mayor of the City of Ukiah, on beha]f of my fellow City Councilmembers Richard Shoemaker, James ~ Wattenburger, Sheridan Malone, and Jim Mastin, do hereby proclaim April 23, 1996, in coordination with National Youth Service Day, as the second annual: work to improve the quality of l{fe in their ~ Fred Sehneiter, Mayor ITEM NO. DATE April 17~ 1996 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF MARCH 1996 Payments made during the month of March 1996, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedules of Bills, representing the five (5) individual payment cycles within the month. Accounts Payable check numbers: 75932 to 76471 Payroll check numbers: 63661 and 65228 to 65858 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 March 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: Kimberly Sechrest, Accounts Payable Specialist Attachments: Report of Disbursements ^G~-~^.~D~ Candace Horsley, City M~nager CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF MARCH 1996 Demand Payments approved: Check No. 75932 to 76471 inclusive. FUNDS: 100 General Fund $103,037.84 120 Capital Improvement 150 Civic Center Construction 141 Museum Grants 142 National Science Foundation $2,803.20 200 Asset Seizure Fund $558.60 220 Parking Dist. Rev. Fund $251.94 230 Parking Dist. #1 Rev. Fund $26.00 260 Downtown Business Improv. 300 Gas Tax $1,130.00 312 Airport Master Plan Grant 320 Airport Clear Zone Fund 332 Federal Emergency Grant $4,526.00 335 Comm. Dev. Comm. Fund 405 Youth Services Ukiah $836.69 410 Conference Center Fund $11,583.91 550 Lake Mendocino Bond 575 Garage $18,402.69 600 Airport $16,861.58 618 Flood Damages 611 Sewer Construction Fund $89,567.37 612 City/District Sewer $133,607.28 620 Special Sewer Fund (Cap Imp) 650 Spec San Dist Fund (Cap Imp) $2,000.00 660 Sanit. Disp. Site ($1,304.62) 662 663 665 67O 675 678 68O 693 695 696 697 698 8O0 8O5 820 920 910 900 940 950 960 962 965 966 310 JPA/LTF Fund Countywide JPA Refuse/Debris Control U.S.W. Billing & Collections Contracted Dispatch Services Public Safety Dispatch Ambulance Service 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. Special Aviation Fund PAYROLL CHECKS NO. 63661 and 65228 to 65442 PAYROLL PERIOD 2/11/96 to 2/24/96 PAYROLL CHECKS NO. 65443 to 65653 PAYROLL PERIOD 2/25/96 to 3/9/96 PAYROLL CHECKS NO. 65654 to 65858 PAYROLL PERIOD 3/10/96 to 3/23/96 TOTAL TOTAL TOTAL DEMAND PAYMENTS PAYROLL DED. CHECKS PAYROLL CHECKS TOTAL PAYMENTS CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on $324.85 $169,923.72 $4,478.60 $6,788.13 $3,436.9O $77,758.13 $8,536.07 $11.87 $603,031.99 $8,108.81 $122,568.31 $18,040.08 $1 34,382.43 $1,036.82 $13,844.57 $127,241.50 $1,683,401.26 $205,193.86 $544,681.20 $2,433,276.32 City Clerk APPROVAL OF CITY MANAGER I have examined this Register and approve same. City Manager CERTIFICATION OF DIRECTOR OF FINANCE I have audited this Register and approve same for accuracy and available funds. 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OO oo . . oo oo oo oo U~ 0e~ 8H oo oo 00 OO ~o , O, o o o H~ H oo oo , , o~ · o O. o o O o 0~ NN ~/,.~ oo . . OO . 0 oo OO oo 0 U00 0N88 00o , , , 000 , , , k~oo o to (j1 N N H~0H~ HHM~HM~ ~H ~HH ~ H~ HH H ~00~00 ~00~00 ~O~H~ OOO~OOO o0~0o~ ~o~0o 00ooooo ooo00oo 0oooo00 N N N © 0 0 O0 0 0 O0 0 0 O0 0 O0 0 O0 O0 000 0 O 0 OO 0 0 O0 0 0 O0 O O0 0 O0 O0 000 0 0 0 O0 0 0 O0 0 0 O0 0 O0 0 O0 O0 000 0 0000000 0000000 0000000 OO ~o H U0 0 ~H H HHH ooo~ HHH~ HHH 8H H ¢ H~ ~ ~0 ~ ~0 HH~ DH H ~ ~ ~ HH X ~0 HH O OOOOOO 0~ ~o q~o ooo HH o~ o00 H~H~H HHH HHH ~ ~ H ~ ~ H ~ ¢ H ~ ~ H HH ~ ~ P ~ ~ ~ 0 ~ X % X ~ x O0~O0 ~ HO0 000 H ~ ~ O~ 0 ~H 0 ~ O0 C ~ 00000 0 000 000 0 M ~ O~ 0 ~H 0 d O0 ~ ,,,,, , ,,, ,,, . ., , ,, , . ,, ~ OOOO~ O ~HO ~ ~ O O ~H O MM O O O~ PMPPO 0 O~M 00© 0 ~ M o' M O0 M ~ ~0 ~ .............. O0 ..... ~ 00000 ~ 000 000 ~ H 0 0 O0 0 0 O0 ~ 00000 0 000 000 0 0 0 0 O0 0 0 O0 ~ OHO00 O 000 000 0 0 0 0 O0 0 0 O0 0~0~0 ~ 000 000 0 0 O 0 O0 0 0 O0 o o 00o0 o o oooo o o 0ooo ~ H o~ HHH ~o 00.4 ~o~ oo 00000 0 000 000 0 0 0 O0 0 O0 O O O0 00000 0 000 000 0 0 0 O0 O O0 0 0 O0 00000 0 000 000 0 0 0 O0 0 O0 0 0 O0 0 0 , ~J ~H \ OH OUU~ qoon o 0 mO ~ H 0 ~ H oo h 0 ~ ZOO 0~ ~ 0 × 0~ 0 o ~ 0~ o o ~ ..0 , .. ~oo ~ ~ ,, ..... O0 ~ N ~ O0 000 0 0 000 0 0 000 0 0 000 0 0 O0 oo oo 000 ooo ooo .J .J .J 0 o . ~H \ 0~] C H 0 0 c.~ " S1 0 c~ U , o 0 t'q o o o 0 o 0 ~ o , N ~ oH ITEM NO. 6b. DATE: April 17, 1996 AGENDA SUMMARY REPORT SUBJECT: Deny Claim for Damages Received from Mark Sparso, and Refer to City Insurance Carrier REMIF The claim from Mark Sparso was received March 22, 1996, for alleged damages occuing February 16, 1996. from vandalism to his personal golf cart stored at the Ukiah Golf Course. RECOMMENDED ACTION: Deny Claims for Damages Received from Mark Sparso; and Refer to City Insurance Carrier REMIF ALTERNATIVE COUNCIL POLICY OPTIONS: Alternative action not advised by City Risk Manager. Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: Claimant Prepared by: Cathy McKay, City Clerk Coordinated with: Candace Horsley, City Manager Attachments: Clai~ of(,~rk Sparso Candace Horsley, City M ager Acct. No. N/A (if budgeted) NOTICE OF CLAIM AGAINST THE CITY OF UKIAH CALIFO This claim must be presented, as prescribed by Parts 3 and 4 of Division 3.6, of Title 1, of the Government Code of the State of California, by the claimant or by a person acting on his/her behalf· RETURN TO: City Clerk's Office i · · City of Ukiah 300 Seminary Avenue Ukiah, California 95482 Number/Street and Post Office Box City State Zip Code Home Phone Number Work Phone Number · NAME AND ADDRESS OF PERSON TO WHOM NOTICES REGARDING THIS CLAIM SHOULD BE .SENT (if different than above): · · · GENERAL DESCRIPTION OF THE ACCIDENT OR qCCU~ENC~ (A~tach additional page~ ~f more space is needed): [~ O [ + (~-~'~' · NAMES, IF KNOWN, OF ANY PUBLIC EMPLOYEES CAUSING THE INJURY OR LOSS: · NAMES AND ADDRESSES OF WITNESSES (optional): NAME ADDRESS A. TELEPHONE Be · NAMES AND ADDRESSES OF DOCTORS/HOSPITALS WHERE TREATED: NAME ADDRESS TELEPHONE A. Be 10. GENERAL DESCRIPTION OF THE LOSS, INJURY, OR DAMAGE SUFFERED: 12. THE BASIS OF COMPUTING THE TOTAL ~OUNT C~IMED IS AS FOLLOWS: Damages incurred to date: Expenses for medical/hospital care: Loss of earnings: Special damages for: General damages Estimated prospective damages as far as known: Future expenses.for medical and hospital care: Future loss of earnings: Other prospective special damages: Prospective. general damages: The claim shall be signed by the claimant or bY some person on his/her behalf. A claim relating to a cause of action for death or for injury to the person or to personal property or growing crops shall be presented not later than six (6) calendar months or 182 days after the accrual of the cause of action, whichever is longer. Claims relating to any other causes of action shall be presented not later than one (1) year after accrual of the cause of action. SIGtA~/'0F CLAIMANT (S) Received in city Clerk's Office this , convenience ~y y NOTE: This form of claim is for your , and other type of form may be used if desired, so long as it satisfies the requirements of the Government Code. The use of this form is not intended in any way to advise you of your legal rights or to interpret any law. If you are in doubt regarding your legal rights or the interpretation of any law, we suggest that you seek legal counseling of your choice. 3:FORlV~CLAIM R~v: 3/10/95 [~cm No. 6 c Date: April 17. 1996 AGENDA SUMMARY REPORT SUBJECT: Award Bid for High Voltage Line Clearing and Tree Trimming at Various Locations within the City of Ukiah to Marvins Garden in an Amount not to Exceed $30,000. REPORT: A Request for Bids was submitted to Four (4) Companies to perform High Voltage Line Clearing and Tree Trimming Services at Various Locations within the City of Ukiah. Bids were received from only two (2) companies on March 26, 1996. Bids were as follows for a three person crew: Timber Lake Tree Service Marvins Garden Davey Tree Surgery Family Tree Service $80.00 per hour $84.00 per hour NO BID NO BID All bids were under the Budgeted Amount of $100.00 per hour. However, one of the requirements specified in the request for bids, was that the Contractor must have been engaged in energized electric power line clearance, under the present business name for a minimum of three (3) consecutive years. Although, Timber Lake Tree Service has conducted business for the required length of time, they were not able to demonstrate that they have performed High Voltage Line Clearance Work. Marvins Garden has provided all required documentation to verify High Voltage Line Clearing experience as required in the request for bid. Therefore, staff requests that the bid submitted by Timber Lake Tree Service be Rejected and that Council Award the bid for High Voltage Line Clearing to Marvins Garden. RECOMMENDED ACTION: Award Bid for High Voltage Line Clearance to Marvins Garden in an Amount not to Exceed $ 30,000 as Budgeted in 800-3728-250. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject Staff's recommendation and Award Bid to Another Contractor. Acct No. (If not budgeted) Acct. No. 800-3728-250 Appropriation Request: Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities ~i;?~?~':t~--~ .~:,~.~ ~.~.. Prepared by: Darryl L. Barnes, Director of Public Utilities ~ ' Coordinated with: Candace Horsley, City Manager Attachment: None APPROVED,r,._~ --"~..~~~.~ Cand'ace Horsley, City ~anager ITEM NO. 6d DATE: APRIL 17, 1996 AGENDA SUMARY REPORT SUBJECT: ADOPT PLANS, SPECIFICATIONS AND ENGINEER'S COST ESTIMATE FOR THE EXTENSION OF AIRPORT PARK BOULEVARD WITHIN THE AIRPORT INDUSTRIAL PARK AND AUTHORIZE THE NOTICE INVITING BIDS FOR THE PERFORMANCE OF THE WORK Submitted for the City Council's adoption are the Plans, Specifications and Engineer's Cost Estimate (PS & E) for the Extension of Airport Park Boulevard (the Project) within the Airport Industrial Park. City Council's authorization to publish the Notice Inviting Bids in accordance with the State Public Contract Code is also requested. Airport Park Boulevard is the designated collector street for the Airport Industrial Park (AIP) and it will provide primary access to the parcels within the AIP. It is City Staff's opinion that it is necessary to construct the Extension of Airport Park Boulevard to facilitate access to undeveloped parcels within the AIP thereby accommodating the development of these parcels in conformance to Ordinance No. 929, the Airport Industrial Park Development Plan adopted in January of 1981, and the certified Airport Industrial Park Final Environmental Impact Report. Continued on Page 2 RECOMMENDED ACTION: Adopt the Plans, Specifications and Engineer's Cost Estimate for the Extension of Airport Park Boulevard within the Airport Industrial Park and authorize the Notice Inviting Bids for the Performance of the Work. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Adopt Plans, Specifications and Engineer's Cost Estimate for the Extension of Airport Park Boulevard and not authorize Notice Inviting Bids until some latter date. . Not adopt Plans, Specifications and Engineer's Cost Estimate for the Extension of Airport Park Boulevard. Appropriation Requested: Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Rick H. Kennedy, Director of Public Works/City Engineer Rick H. Kennedy, Director of Public Works/City Engineer Candace Horsley, City Manager 1. Plans 2. Specifications 3. Engineer's Cost Estimate APPROVED: R:IWW:kk AAIRPORT.PER Candace Horsley, City Manager Adopt Plans, Specifications and Engineer's Cost Estimate for the Extension of Airport Park Boulevard within the Airport Industrial Park and Authorize the Notice Inviting Bids for the Performance of the Work April 17, 1996 Page 2 The City of Ukiah has obtained easements for street and public utility purposes which will accommodate the Project. The Project will involve road work consisting of the import of soils for road sub-grade, a 22 foot wide road structural section of aggregate base and asphalt concrete, three (3) foot wide aggregate base shoulders, new culverts for the drainage of surface storm waters, traffic stripping, marking and signage, a looped water main for water supply consisting of 12" and 10" diameter pipes, valves, hydrants and other water line appurtenances and other related work necessary to complete the construction of the Project from the south line of Lot C (Friedman Brothers) to a point on Airport Road approximately 100 feet westerly and northerly of the Northwestern Pacific Railroad tracks as measured along a circular arc having a radius of 99.99 feet. The Project also includes the extension of a new 10" water main from an existing 6" water main within the Ukiah Municipal Airport to the planned 12" water main within Airport Park Boulevard. Although not a part of the Project, other work will be performed such as the construction of overhead power lines and a gas utility connection that are specific to a development project, 0VIendocino Brewery), currently in progress within the Airport Business Park component of the AIP. Upon completion, the Project will provide a two lane public road providing direct access to the undeveloped parcels within the AIP excluding the southern portion beyond the Airport Business Park. The excluded portion is currently a vineyard and access to this parcel will be obtained through the future construction of a frontage or local road connected to Airport Park Boulevard. As each undeveloped parcel is developed, the developer will be required to widen Airport Park Boulevard and construct median islands along the parcel's frontage in accordance with the AIP Development Ordinance and Plan. Funds for the construction of the Project have not been allocated in the 1995/96 fiscal year budget. The City is pursuing a loan from the State of California Trade and Commerce Agency under the Rural Economic Development Infrastructure Program (REDIP) to fund the Project and other related projects specific to the development of the Mendocino Brewery Facility. The Engineer's Cost Estimate for the construction of the Project is $579,423. An additional $121,000 is estimated for related work to the Project which will be performed by others, including monumentation and record of survey, construction engineering and inspection and contingencies. These estimated costs are as follows: 1. Casing work under Railroad tracks $20,000 2. Monumentation and Record of Survey $ 3,500 3. Survey work performed by Rau and Associates $ 3,300 4. Construction Engineering (5 % of construction cost) $31,400 5. Contingencies $ 62,800 TOTAL $121,000 Adopt Plans, Specifications and Engineer's Cost Estimate for the Extension of Airport Park Boulevard within the Airport Industrial Park and Authorize the Notice Inviting Bids for the Performance of the Work April 17, 1996 Page 3 Pursuant to provisions of the Streets and Highways Code, upon completion of the project Staff will be submitting to the City Council for their consideration a Resolution of Intention to form a 1911 Assessment District for the purposes of establishing and collecting assessments from the owners of the undeveloped parcels which will benefit from the Project. These assessment fees would be used to make principal and interest payments on a portion of the REDIP loan. R:l~aNVXkk AAIRPORT.PER CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA SPECIAL PROVISIONS FOR AIRPORT PARK BOULEVARD EXTENSION Specification No. 96-1 CITY OF UKIAH ENGINEERING DIVISION 300 Seminary Avenue Ukiah, California 95482 Bids Open: May 7, 1996 2:00 p.m. Pacific Daylight-Saving Time Office of City Clerk CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA CITY COUNCIL: FRED SCItNEITER - MAYOR RICHARD SHOEMAKER JIM WA'I'rENB~GER StIERIDAN MAIX)NE JIM MASTIN CAN'DACE HORSLEY - CITY MANAGER RICK H. KENNEDY - DIRECTOR OF PUBLIC WORKS / CITY ENGINEER LARRY J. WOODS - SENIOR CIVIL ENGINEER CATHY MCKAY - CITY CLERK PATRICK COYNE - CITY TREASURER CITY OF UKIAH ENGINEERING DIVISION MARCH 1996, TABLE OF CONTENTS PAGE NOTICE TO BIDDERS .................................................... xi INSTRUCTIONS TO BIDDERS .............................................. xv GENERAL CONDITIONS SECTION 1. CONTRACT DEFINITIONS AND REQUIREMENTS .............. 1 1-01. 1-02. 1-03. 1434. 1-05. 1-06. 1-07. 1-08. 1-09. 1-10. Definitions Examinations of Plans, Special Provisions and Site of Work Proposal Withdrawal of Bids Public Opening of Bids Bid Guaranty Qualification of Bidders Disqualification of Bidders Identification of Subcontractors General Provisions of the Standard Specifications SECTION 2. AWARD AND EXECUTION OF CO--CT ........................... 5 2-01. 2-02. 2-03. Award of Contract Return of Proposal Guaranties Execution of Contract SECTION 3. SCOPE AND INTENT OF CONTRACT ................................ 7 3-01. 3-02. 3-03. 3-04. 3-05. 3-06. 3-07. Effect of Inspection and Payments Effect of Extension of Time Extra Work Assignment of Contract Subcontractors Interpretation of Special Provisiom and Drawings Liability of City Officials SECTION 4. BONDS ...................................................... 9 4-01. 4-02. 4-03. 4-04. Faithfifl Performance Bond Material and Labor Bond Defective Material and Workmanship Bond Notification of Surety Companies SECTION 5. INSURANCE REQUIIIEMEN~ FOR CONTRAC'I~RS ................... 11 5-01. Minimum Sc~pe of Insurance 5-02. Minimum Limits of Insurance 5-03. Deductibles and Self-lnsured Retentiom C:\projecu\str~ts~b3~b.ext\extsp~s v ~.c. No. 96-1 8-05. Storage of Materials 8-06. Drawings, Samples and Tests SECTION 9. PROSECUTION OF WORK ....................................... 25 9-01. 9-02. 9-03. 9-04. 9.05. 94)6. 9.07. 9.08. 9-09. Equipment and Methods Time of Completion Avoidable Delays Unavoidable Delays Notice of Delays Extension of Time Unfavorable Weather and Other Conditions Saturday, Sunday, Holiday and Night Work Hours of Labor SECTION 10. PAYMENT .................................................. 27 10-01. 10-02. 10-03. 10-04. 10-05. 10.06. 10.07. 10-08. 10-09. 10o10. Certification by Engineer Progress Estimates and Payment Substitution of Securities Acceptance Final Estimate and Payment Delay Payments Extra Work and Work Omitted Compensation for Extra Work or Work Omitted Compensation to the City for Extension of Time Liquidated Damages for Delay SECTION 11. MISCELLANEOUS ............................................ B 1 11.01. Notice 11.02. Computation of Time 11.03. Litigation and Forum Selection 11-04. Waiver TECHNICAL SPECIFICATIONS SECTION 12. GENERAL INFO~TION ...................................... 33 12-01. 12-02. 12.03. 12-04. 12.05. 12-06. 12.07. 12-08. 12-09. 12-10. 12-11. Arrangement of Technical Specifications Arrangement of Drawings Business Licenses Permits Standard Specifications and Standard Plans Temporary Facilities Existing Utilities Public Convenience and Safety Maintaining Traffic Cooperation Dust Control C:~projects~ts~Jrprtpb.ext\extspecs vii Spec. No. 96-1 13-29. Street Barricade 13-30. Sand-filled Modules for Crash Cushion 13-31. City Monuments SECTION 14. EXCLUSIONS FROM GENERAL CONDmONS ....................... 55 14-01. Provisions to be Excluded from General Conditions SECTION 15. AMENDMENTS TO GENERAL CONDmONS ......................... 55 15-01. Provisions of General Conditions to be Amended CERTIFICATES AND DOCUMENTS PROPOSAL ............................................................ 57 FAIR EMPLOYMENT PRACTICES CERTIFICATION ............................... 65 WORKER'S COMPENSATION CERTIFICATE .................................... 67 CERTIFICATE OF NONDISCRIMINATION IN EMPLOYMENT ........................ 69 LIST OF PROPOSED SUBCONTRACTORS ....................................... 71 STATEMENT OF EXPERIENCE OF BIDDER ..................................... 73 SIGNATURE OF BIDDER .................................................. 75 BIDDER'S BOND ........................................................ 77 NON-COLLUSION AFFIDAVIT .............................................. 79 AGREEMENT .......................................................... 81 INDEMNIFICATION AGREEMENT INSURANCE CERTIFICATES AND ENDORSEMENTS EXAMPLE BOND FORMS APPENDICES APPENDIX "A" - CITY STANDARD DRAWINGS APPENDIX "B" - STREAM BED ALTERATION AGREEMENT APPENDIX "C" - RAILROAD AGREEMENTS APPENDIX "D" - SAMPLING AND TESTING C: ~projects\$tre~ts~irpnpb .ext\extspecs ix Spec. No. 96-1 CITY OF UKIAtl ~CINO COUNTY, CALIFORNIA NOTICE TO BIDDERS FOR AIRPORT PARK BOULEVARD EXTENSION Specification No. 96-1 NOTICE IS HEREBY GIVEN that sealed standard proposals for AIRPORT PARK BOULEVARD EXTENSION Specification No. 96-1 will be received at the Office of the City Clerk, Ukiah Civic Center, 300 Seminary Avenue, Ukiah California until 2:00 p.m. on May 7, 1996, at which time, or as soon thereafter as possible, they will be publicly opened and read. Bids shall be addressed to the City Clerk and shall be endorsed, 'AIRPORT PARK BOULEV~ EXTENSION Specification No. 96-1". Bids are required for the entire work described herein. No fax bids will be accepted. ENGINEER'S ESTIMA~ OF QUAN'IITIES Item Description Quantity Unit No. 1. Surveying Lump Sum LS 2. Testing Lump Sum LS 3. Clearing and Grubbing Lump Sum LS 4. Demolition Ltm~p Sum LS 5. Subgrade Preparation Lump Sum LS 6. Roadway Excavation 2107 CY (F) 7. Imported Borrow for Roadway Subgrade and Embankment 2403 CY (F) 8. Class 2 Aggregate Base 3760 Tons 9. Type B Asphalt Concrete 1005 Tons 10. Curb and Gutter 322 LF 11. 6" PVC Water Main 20 LF 12. 8" PVC Water Main 79 LF 13. 10" PVC Water Main 1140 LF 14. 12" PVC Water Main 1P,30 LF 15. 12" Ductile Iron Water Main 194 LF C: ~-ojectsL~rcets~airprtpb. cxt\¢xtspecs Spec. No. 96-1 16. 6" Gate Valve 1 EACH 17. 8" Gate Valve 3 EACH 18. 10" Gate Valve 3 EACH 19. 12" Gate Valve 6 EACH 20. 2" Blowoffs 3 EACH 21. 15" PVC Storm Drain 55 LF 22. 18" PVC Storm Drain 104 LF 23. 36" Class 4 RCP Storm Drain 195 LF 24. 4" Electrical Underground Conduit 50 LF 25. 6" Electrical Underground Conduit 165 LF 26. Concrete Headwall Lump Sum LS 27. Ditch Excavation 418 CY (F) 28. Rock Rip Rap Light 33 CY 29. Rock Rip Rap 1/4 Ton 22 CY 30. Concrete for Concreted-Rock Slope Protection 7 CY 31. Pavement Striping and Marking Lump Sum LS 32. Reflective Raised Pavement Markers 26 EACH ,, 33. Signs 11 EACH 34. Street Barricade 14 LF 35. Sand filled Modules for Crash Cushion 6 EACH 36. City Monuments 3 EACH Drawings and Special Provisions may be inspected and/or copies obtained for a non refundable fee of $25.00 at the City Engineer's Office, Civic Center, 300 Seminary Avenue, Ukiah, California. No bid will be considered unless it is made on the forms furnished by the City Engineer and is made in accordance with the details of the Special Provisions. Each bidder must be hcensed as required by law. The City Council reserves the fight to reject any or ali bids and to determine which proposal is, in its opinion, the lowest responsible bid of a responsible bidder and that which it deems in the best interest of the City to accept. The City Council also reserves the right to waive any information not material to cost or performance in any proposal or bid. Spec. No. 96-1 xii C:Xproject~rprtpb.ext\¢xtspecs Pursuant to provisions of Section 1770, including amendments thereof, of the Labor Code of the State of California, the Director of the Department of Industrial Relatiom, State of California, has ascertained the general prevailing rate of wages for straight time, overtime Saturdays, Sundays and Holidays including employer paymem for health and welfare, vacation, pension and similar purposes. Copies of the General Prevailing Wage Determination (applicable to the work), for the locality in which the work is to be done are on file in the office of the City Engineer. The prime contractor for the work herein shall possess a valid State of California, Class A (General Engineering) license. Pursuant to Section 4590 of the California Government Code, this contract includes provisions that allow substitutions of certain types of securities in lieu of the City withholding a portion of the partial payments due the Contractor to insure performance under this contract. Bidders are advised that the Contractor to which the work is awarded must begin work of the contract no later that June 1, 1996 and must complete designated portions of the work for partial acceptance by the City prior to July 31, 1996. That portion of the work not required for completion prior to July 31 shall be completed prior to August 30, 1996. By order of the City Council, City of Ukiah, County of Mendocino, State of California. Dated: ,19 /s/ Cathy McKay, City Clerk City of Ukiah, California PUBLISH TWO TIMES: April 21, 1996 and April 26, 1996 C:\proj~ts~str~ts~airprtpb.~xflextsp~s o.. yau Spec. No. 96-1 INSTRUCTIONS TO BIDDERS AIRPORT PARK BO~ARD EXTENSION Specification No. 96-1 shall be performed in accor~ce with the Plans and Special Provisions therefor adopted, to which special reference is hereby made. Each bidder must supply all the information required by the bid documents and Special Provisions. Minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated again.st on the grounds of race, color or national origin in consideration for an award of any contract entered into pursuant to this advertisement. Women will be afforded equal oppornmity in all areas of employment. However, the employment of women shall not diminish the standards of requirements for the employment of minorities. All proposals or bids shall be accompanied by a cashier's check or certified check payable to the order of the City of Ukiah amounting to 10 percent of the bid, or by a bond in said amount and signed by the bidder and a corporate surety, payable to said City. Said check shall be forfeited, or said bond shall become payable to said City in case the bidder depositing the same does not, within fifteen (1:5) days after written notice that the contract has been awarded to him: (a) enter into a contract with the City and Co) furnish certificates of insurance and endorsements, a bond of faithflfl performance and a payment bond as described in the Special Provisions. Bidders are advised that a Defective Material and Workmanship Bond in an amount not less than 5 % of the total contract price is required prior to the Contractor receiving the final payment for the work of the contract. No bidder shall withdraw his or her bid for a period of thirty (30) calendar days after the date set by the City for the opening thereof. The Contractor and any subcontractors shall each possess a valid City of Uldah Business License prior to the start of any work. The Contractor shall furni.~h a project schedule to the Engineer prior to the start of any work and shall start work as scheduled. Portions of the work as designated herein shall be completed for partial acceptance by the City prior to June 30, 1996, and the remaining portion of work as designated herein shall be completed prior to July 31, 1996. Roadway clearing, demolition, excavation, borrow import, subgrade and roadway embankment compaction, waterline and culvert construction, road structural section consisting of 3" asphalt concrete on 12" aggregate base, shoulder construction, curb and gutter construction, asphalt overlay, pavement marking and striping, road signage, and cleanup from Airport Park Boulevard Extension joining at Station 28+55 to Station 44+00.41 and from Station 0+00 to Station 6+52.67 for Airport Park Boulevard East/West shall be completed prior to July 31, 1996. Waterline construction shown on sheets 4 and :5 of 11 from Station 0+00 to the 10' valve at Station 13+35 to be comtructed just west of the railroad crossing, reinforced concrete culvert headwall, and rock rip rap aprons shall be completed prior to August 30, 1996. The Contractor will pay to the City the sum of five hundred ($500.00) dollars per day for each and every calendar day's delay beyond the time prescribed. C:\projects\streets~irprtpb.ext\extspecs xv Spec. No. 96-1 Examination of Site, Dra~, Etc. - Each bidder shall visit the site of the proposed work and fully acquaint him~lf with local conditions, construction and labor requh-ed so that he or she may fully understand the facilities, difficulties and restrictions attending the execution of the work under the Contract. Bidders shall thoroughly examine and be familiar with the Drawings and Special Provisions. The failure of any bidder to receive or examine any form, instnmaent, addendum, or other document, or to visit the site and acquaint himself with conditions there existing, shall in no way relieve the bidder from any obligation with respect to his or her proposal or to the contract. The drawings for the work show conditions as they are supposed or believed by the Engineer to exist; but, it is neither intended nor shall it be inferred that the conditions as shown thereon constitute a representation by the Engineer, the City or its officers that such conditions are actually existent, nor shall the City, the Engineer or any of their officers or representatives be liable for any loss sustained by the Contractor as a result of a variance between the conditions shown on the drawings and the conditions actually revealed during the progress of the work or otherwise. The bidder's attention is directed to the possible existence of obstructions and public improvements within the limits of the work or adjacent thereto, which may or may not be shown on the Drawings. The bidder shall investigate to his or her satisfaction the conditions to be encountered, the character, quality and quantities of work to be performed and materials to be furnished and the requirements of the Plans, Standard Specifications, Standard Plans, Special Provisions, and Contract Documents. The submission of a proposal shall be considered conclusive evidence that the bidder has made such examination and has accepted the project workplace as a safe workplace to perform the work of the Contract. Prospective bidders may visit the site of the work during normal working hours, 8:30 a.m., to 4:00 p.m., Monday through Friday. A ~walk through" at the site with City Engineering staff is scheduled for 10:00 a.m. Friday, April 26, 1996. Contact Rick Sands (707)463-6282 to confu'm "walk through" arrangements. Location of the Work The work site is a seventy-foot wide street and utility easement located within the Airport Industrial Park in the City of Uldah. The Airport Industrial Park is bounded on the north by Talmage Road, on the east by the US 101 Highway, and on the west by the Railroad right of way. The work site is delineated on the Contract Plans. Bidders are advised that there are no lands adjacent to the work site and under the control of the City that are available for use by the Contractor as an office, staging, or storage area. Spec. No. 96-1 xvi C :~projects~rprtpb.¢xt\¢xtspecs GENERAL CONDmONS SECTION 1. PROPOSAL REQUIRIilbfl~ITS AND GENERAL CONDITIONS 14)1. Def'mitions. Whenever any word or expression defined in this section, or pronoun used in its stead, occurs in these contract documents, it shall have and is mutually understood to have the meaning given: ao 'City of Ukiah" or 'City' shall mean the City of Ukiah, Mendocino County, California, acting through its City Council or any other board, body, official or officials to which or to whom the power belonging to the Council shall by virtue of any act or acts, hereafter pass or be held to appertain. bo 'Engineer' shall mean the Engineer duly and officially appointed by the City to supe~ and direct the work of construction under this contract, acting personally or through agents or assistants duly authorized by him, such agents or assistants acting within the scope of the particular duties entrusted to them. Co "Inspector' shall mean the engineering or technical inspector or inspectors duly authorized or appointed by the Engineer, limited to the particular duties entrusted to him or her or them. d. "Contractor" shsll mean the party entering into contract with the City of Ukiah for the performance of work covered by this contract and his or her authorized agents or legal representatives. e. 'Date of sit, ming of contract' or words equivalent thereto, shall mean the date upon which this contract, with the signature of the Contractor affixed, together with the prescribed bonds, shall be or shall have been delivered to the City or its duly authorized representatives. 'Day' or 'days', unless herein otherwise expressly defined, shall mean a calendar day or days of twenty-four hours each. g, 'The work' shall mean and include all the work specified, indicated, shown or contemplated in the contract to construct the' improvement, including all alterations, amendments or extensions thereto made by contract change order or other written orders of the Engineer. ho "Contract drawings", "drawings", "plans" shall mean and include 1) all drawings or plans which may have been prepared by or on behalf of the City, as a basis for proposals, when duly signed and made a pan of this contract by incorporation or reference, 2) all drawings submitted in pursuance of the terms of ~ contract by the successful bidder with his or her proposal and by the Contractor to the City if and when approved by the Engineer and 3) all drawings submitted by the Engineer to the Contractor during the progress of the work as provided for herein. Where 'as shown', 'as indicated', 'as detailed' or words of similar import are used, it shall be understood that reference to the drawings accompanying these Special Provisions is made unless stated otherwise. Where 'as directed', 'as permitted', 'approved' or words of similar import are used, it shall be understood that the direction, requirements, permission, approval or acceptance of the Engineer is intended unless stated otherwise. As used herein, 'provide' or 'install' shall be understood to mean 'provide or install complete in place', that is, 'furnish and install'. 'Shall' is mandatory; 'may' is permissive. C:~:~rojects\streets~-prl~b.ext~xtspecs 1 Spec. No. 96-1 1-02. Examination of Plans, Special Provisions and Site of Work. The bidder shall examine carefully the Proposal, Plans, Special Provisions, Contract forms and the site of the work contemplated therefor. It will be assumed that the bidder has investigated to his or her satisfaction the conditions to be encountered and the character, quality and requirements of all Plans, Standard Specifications, Standard Plans, and Special Provisions involved. 1-03. Proposal. Bids shall be made on the blank form prepared by the City without removal from the bound Special Provisions. All bids shall give the prices bid, both in writing and in figures and shall be signed by the bidder or his or her authorized representative, with his or her address. If the bid is made by an individual or partner, his or her name and the post office address of his or her business or partnership, along with his or her signature or the signature of one or more partners must be shown; if made by a corporation, the bid shall show the name of the state under the laws of which the corporation is chartered, the name of the corporation and the title of the person who signs on behalf of the corporation. Each proposal shall be enclosed in a sealed envelope, endorsed as specified in the notice to bidders. Bidders are warned against making erasures or alterations of any kind and proposals which contain omissions, erasures, conditions, alterations, additions not called for, additional proposals or irregularities of any kind may be rejected. 1-04. Withdrawal of Bids. Any bid may be withdrawn at any time prior to the hour fixed in the notice to bidders for the openings of bids, provided that a request in writing, executed by the bidder or his or her duly authorized representative, for the withdrawal of such bid is fried with the City. The withdrawal of a bid will not prejudice the right of a bidder to file a new bid. 1-~. Public Opening of Bids. Bids will be opened and read publicly at the time and place indicated in the notice to bidders. Bidders or their agents are invited to be present. 146. Bid Guaranty. Each bid must be accompanied by a certified check, cashier's check or bidder's bond executed by an admitted surety insurer, payable to the order of the City of Ukiah in an amount not less than 10 percent of the bid as a guarantee that the bidder will enter into a contract, if awarded the work. 1-07. Qualification of Bidders. Each bidder shall be licensed under the provisiom of Chapter 9, Division 3 of the Business and Professions Code and shall be skilled and regularly engaged in the general class or type of work called for under this contract. A statement setting forth this experience and business standing shall be submitted by each bidder on the form provided herewith. It is the intention of the City to award a contract only to a bidder who furnishes satisfactory evidence that he or she has the requisite experience and ability and that he or she has sufficient capital, facilities and equipment to enable him or her to prosecute the work successfully and promptly within the time and in the manner agreed. In determining the degree of responsibility to be credited to a bidder, the City may weigh evidence that the bidder or his or her personnel charged with the responsibility in the work, has performed satisfactorily other contracts of like nature and magnitude or comparable difficulty at similar rates of progress. 1.08. Disqualification of Bidders. More than one bid from an individual business, partnership, corporation or association, under the same or different names, will not be considered.. Reasonable grounds for believing that any bidder is fin~ncially interested in more than one bid for the work will cause the rejection of all bids in which he or she is so interested. If there is reason to believe that collusion exists among the bidders, none of the participants in such collusion will be considered. Bids in which the prices obviously are unbalanced may be rejected. 149. Identification of Subcontractors. All bids shall comply with the Sublett~ and Subcontracfng Fair Practices Act (Government Code Section 4100 and following) and shall set forth: Spec. No. 96-1 2 C:~projects~Olx~.ext\extspecs (a) The name and the location of the place of business of each subcontractor who will perform work or labor, or render service to the prime contractor in or about the construction of the work, or to a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work according to detailed drawings contained in the plans and Special Provisions, in an amount in excess of one-half of 1 percent of the prime contractor's total bid. Co) The portion of the work which will be done by each such subcontractor. The prime contractor shall list only one subcontractor for each such portion defined by the prime contractor in his or her bid. 1-10. General Provisions of the Standard Specifications. All provisions of the General Provisions, Sections 1 through 9, of the Standard Specifications, shall be applicable to the contract except as modified by these Special Provisions. The Standard Specificatiom are set forth in Section 12.05 of these Special Provisions. C:\projects\streets~irprtpb.ext\extspecs 3 Spec. No. 96-1 SECTION 2. AWARD AND EXECUTION OF CONTRACT 2-01. Award of Contract. Award of the contract, if it is awarded, will be to the lowest responsible bidder whose bid complies with all the specified requirements. The award, if made, will be made within thirty (30) days after opening of the bids. The City reserves the fight to reject any and all bids. 2-02. Return of Proposal Guaranties. All bid guaranties will be held until the contract has been fully executed, after which they will be returned to the respective bidders whose bids they accompany. 2-03. Execution of Contract. The contract agreement shall be executed in duplicate by the successful bidder and returned, together with the contract bonds, insurance certificates and endorsements, within fifteen (15) days after written notice of the award of the contract. After execution by the City, one copy shall be filed with the City and one copy shall be returned to the Contractor. If the bidder fails or refuses to enter into the contract agreement within the required time, then the bid guaranty accompanying the bid shall be forfeited to the City. C:~projectskstreets~irprtpb.¢xt\¢xtspecs S Spec. No. 96-1 SECTION 3. SCOPE AND INTENT OF CONTRACT 3-01. Effect of Inspection and Payments. Neither the inspection by the Engineer nor an inspector, nor any order, measurement or approved modification, nor certificate or payment of money, nor acceptance of any part or whole of the work, nor any extension of time, nor any possession by the City or its agents, shall operate as a waiver of any provision of this contract or of any power reserved therein to the City, or of any right to damages thereunder; nor shall any breach of this contract be held to be a waiver of any subsequent breach. All remedies shall be construed as cumulative. 3-02. Effect of Extension of Time. The granting of any extension of time on account of delays which, in the judgement of the City, are avoidable delays shall in no way operate as a waiver on the pan of the City of its rights under this contract. 3-03. Extra Work. If extra work orders are given in accordance with provisions of this contract, such work shall be considered a pan hereof and shall be subject to each and all of its terms and requirements. 3-04. Assignment of Contract. The contract may be assigned or sublet in whole or in pan only upon the written consent of the City acting through its authorized agents. Consent will not be given to any proposed assignment which would relieve the original contractor or its surety of their responsibilities under the contract nor will the Engineer consent to any assignment of a pan of the work under the contract. 3-05. Subcontractors. The Contractor shall be as fully responsible for the acts and omissions of his or her subcontractors and of persons either directly or indirectly employed by them, as he or she is for the acts and omissions of persons directly employed by him. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the terms of this Contract which are applicable to the work of subcontractors. Nothing contained in this contract shall be construed to create or shall be relied upon to create any contractual relationship between any subcontractor and the City and no action may be brought by any subcontractor against the City based on this contract. 3-06. Interpretation of Special Provisions and Drawings. The Special Provisions and the Contract Drawings are intended to be explanatory of each other. Any work indicated in the Contract Drawings and not in the Special Provisions, or vice versa, is to be executed as if indicated in both. In case of a discrepancy or conflict between the Technical Specifications and Contract Drawings the Technical Specifications shall govern. All work shown on the Contract Drawings, the dimensions of which are not figured, shall be accurately followed to the scale to which the drawings are made, but figured dimensions are in all cases to be followed, where given, though they differ from scaled measurements. Large scale drawings shall be followed in preference to small scale drawings. Should it appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in these comract documents, including the contract drawings, the Contractor shall apply to the Engineer for such further explanations as may be necessary and shall conform thereto as pan of this contract, so far as may be consistent with the terms of this contract. In the event of any doubt or questions arising respecting the true meaning of the Special Provisions, reference shall be made to the Engineer and his or her decision thereon shall be final. If the Contractor believes that a clarification or interpretation justifies an increase in the contract price or contract time, the Contractor must comply with the written notice provisions of Sections 9-05 and 10-07 of these Special Provisions. Contractor's attention is directed to Section 12-05 of the Technical Specifications regarding the Standard Specifications and Standard Plans. ~07. Liability of City Officials. No city official, nor the Engineer, nor any authorized assistant of any of them, shall be personally responsible for any liability arising under this contract. C:\pmjectskstreets~rtpb.¢xt~xtspecs 7 Spec. No. 96-1 SECTION 4. BONDS 4-01. Faithful Performance Bond. As a pan of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit, or certificates of deposit, acceptable to the City, conditioned upon the faithful performance of all covenants and stipulations under this contract. The amount of the bond shall be 100 percent of the total contract price, as this sum is set forth in the agreement. 4-02. Material and Labor Bond. As a pan of the execution of this contract, the Contracwr shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit or certificates of deposit acceptable to the City in a sum not less than 50 percent of the total contract price, as this sum is set forth in the agreement for the payment in full of all persons, companies or corporations who perform labor upon or furnish materials to be used in the work under this contract, in accordance with the provisions of Sections 3247 through 3252 inclusive of the Civil Code of the State of California and any acts amendatory thereof. 4-03. Defective Material and Workmanship Bond. As a condition precedent to the completion of this contract, the Contractor shall furnish a bond of a surety company acceptable to the City in an amount not less than 5 percent of the total contract price, to hold good for a period of one (1) year after the completion and aceep~ce of the work, to protect the City against the results of defective materials, workmanship and equipment during that time. This bond shall be delivered to the City before the final payment under this contract will be made. 4-04. Notification of Surety Companies. The surety companies shall familiarize themselves with all of the conditions and provisions of this contract and they waive the right of special notification of any change or modification of this contract or of extension of time, or decreased or increased work, or of the cancellation of the contract, or of any other act or acts by the City or its authorized agents, under the terms of this contract; and failure to so notify the aforesaid surety companies of changes shall in no way relieve the surety companies of their obligation under this contract. C:kuroj~ts~str~eu~airprtpb.ext~extspecs 9 Spec. No. 96-1 SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS (wrrlt CONSTRUCTION RISKS) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or ia connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. 5.01. Minimum Scope of Insurance Coverage shall be at least as broad as: lo , Insurance Services Office Commercial Liability Coverage (occurrence form CG 0001). Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Course of Construction insurance covering for "all risks" of loss. .%02. Minimum Limits of Insurance Contractor shall maintain limits no less than: 1. General Liabili _ty: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Em~lover's Liability: $1,000,000 per accidem for bodily injury and property damage. 4. Course of Construction: Completed value of the project. 5-03. Deductibles and Serf-insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or e~te such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. .~.04. Other Insurance Provisions The general liabiliw and automobile liability policies are to contain, or be endorsed to contain, the following provisions: The City, its officers, officials, employees and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor, and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, pans or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of aa endorsement to the Contractor's insurance, or as a separate owner's policy. C: \projects~streets~ai~prtpb. cxt~extspecs 11 Spec. No. 96-1 . For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees or volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. . Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Course of construction policies shall contain the following provisions: . The City shall be named as loss payee. The insurer ,hall waive all fights of subrogation again.~t the City. 5-05. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. 5-06. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements shall be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received within 15 days from written notice of contract award, and the work shall not commence until the certificates and endorsements have been approved by the City. The City reserves the right to require complete certified copies of all required insurance policies, including endorsements effecting the coverage required by these Special Provisions at any time. 5-07. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors .~hall be subject to all of the requirements stated herein. Spec. No. 96-1 12 C:~rojects~irprtpb.ext\¢xtspecs SECTION 6. RESPONSIBH2rlES AND RIGHTS OF CONTRACTOR 601. Legal Address of Contractor. Both the address given in the proposal and the Contractor's office in the vicinity of the work are hereby desJ~tmated as places to either of which drawings, samples, notices, letters or other articles or communications to the Contractor may be mailed or delivered. The delivery at either of these places of any such thing from the City or its agents to the Contractor .~hall be deemed sufficient service thereof upon the Contractor and the date of such service shall be the date of such delivery. The address named in the proposal may be changed at any time by notice in writing from the Contractor to the City. Nothing herein contained shall be deemed to preclude or render inoperative the service of any drawing, sample, notice, letter or other article or communication to or upon the Contractor personally. 602. Office of Contractor at Site. During the performance of this contract, the Contractor shall maintain a suitable office at the site of the work which shall be the headquarters of a representative authorized to receive drawings and any such thing given to the said representatives or delivered at the Contractor's office at the site of work in his or her absence shall be deemed to have been given to the Contractor. 603. Attention to Work. The Contractor shall give his or her personal attention to and shall supervise the work to the end that it shall be prosecuted faithfully and when he or she is not personally present on the work, he or she shall at all reasonable times be represented by a competent superintendent or foreman who shall receive and obey all instructions or orders given under this contract and who shall have full authority to execute the same and to supply materials, tools and labor without delay and who shall be the legal representative of the Contractor. The Contractor shall be liable for the faithful observance of any instructions delivered to him or her or to his or her authorized representative. 6-04. Liability of Contractor. The Contractor shall do all of the work and furnish all labor, materials, tools and appliances, except as otherwise herein expressly stipulated, necessary or proper for performing and completing the work herein required in the manner and within the time herein specified. The mention of any specific duty or liability imposed upon the Contractor shall not be consumed as a limitation or restriction of any general liability or duty imposed upon the Contractor by this contract, said reference to any specific duty or liability being made herein merely for the purpose of explanation. The right of general supervision by the City shall not make the Contractor an agent of the City and the liability of the Contractor for all damages to persons or to public or private property, arising from the Contractor's execution of the work, shall not be lessened because of such general supervision. Until the completion and final acceptance by the City of all the work under and implied by this contract, the work shall be under the Contractor's responsible care and charge. The Contractor shall rebuild, repair, restore and make good all injuries, damages, re-erections and repairs, occasioned or rendered necessary by muses of any nature whatsoever, excepting only acts of God and none other, to all or any portions of the work, except as otherwise stipulated. To the fullest extem permitted by law, Contractor shall indemnify and hold harmless the City and its officers, directors, agents and employees from and again.qt all claim.q, damages, losses and expenses including but not limited to attorneys' fees, costs of suit, expert witness fees and expenses and fees and costs of any necessary private investigators arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, other than the work itself, including the loss of use resulting therefrom and (2) is mused in whole or in part by any act or omission of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is mused in part by a party indemnified hereunder, or by the negligence or omission of a l~arty indemnified herein. In any and all claims against the City or any of its agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be c: ~projects~av. ets~irprtpb, ext~xtsp~s 13 Spec. No. 96-1 liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts, or other employee benefit acts. The obhgation to indemnify shall extend to and include acts of the indemnified party which may be negligent or omissions which may cause negligence. The City shall have the fight to estimate the amount of such damage and to cause the City to pay the same and the amount so paid for such damage shall be deducted from the money due the Contractor under this contract; or the whole or so much of the money due or to become due the Contractor under this contract as may be considered necessary by the City, shall be retained by the City until such suits or claims for damages shall have been settled or otherwise disposed of and satisfactory evidence to that effect furnished to the City. 6-05. Protection of Persons and Property. The Contractor shall furnish such watchman, guards, fences, warning signs, walks and hghts as shall be necessary and shall take all other necessary precautions to prevent damage or injury to persons or property. All property line fences and improvements in the vicinity of the work shall be protected by the Contractor and, if they are injured or destroyed, they and any other property injured by the Contractor, his or her employees or agents, shall be restored to a condition as good as when he or she entered upon the work. 6-06. Protection of City Against Patent Claims. All fees, royalties or claims for any patented invention, article or method that may be used upon or in any manner connected with the work under this contract shall be included in the price bid for the work and the Contractor and his or her sureties shall protect and hold the City, together with all of its officers, agents, servants and employees, harmless against any and all demands made for such fees or claims brought or made on account of this contract. The Contractor shall, if requested by the Engineer, furnish acceptable proof of a proper release from all such fees or classes. Should the Contractor, his or her agents, servants or employees, or any of them be enjoined from furnishing or using any invention, article, material or appliance supplied or required to be supplied or used under this contract, the Contractor shall promptly substitute other articles, materials or appliance, in lieu thereof, of equal efficiency, quality, finish, suitability and market value and satisfactory in all respects to the Engineer. Or, in the event that the Engineer elects, in lieu of such substitution, to have supplied and to retain and use, any such invention, article, material .or appliance, as may by this contract be required to be supplied, in that event the Contractor shall pay such royalties and secure such valid licenses as may be requisite and necessary for the City, its officers, agents, servants and employees, or any of them, to use such invention, article, material or appliance without being disturbed or in any way interfered with by any proceeding in law or equity on account thereof. Should the Contractor neglect or refuse to make the substitution promptly, or to pay such royalties and secure such licenses as may be necessary, then in that event the Engineer shall have the right to make such substitution, or the City may pay such royalties and secure such licenses and charge the cost thereof against any money due to the Contractor from the City or recover the amount thereof from him or her and his or her sureties notwithstanding final payment under this contract may have been made. 6-07. Protection of Contractor's Work Property. The Contractor shall protect his or her work, supplies and materials from damage due to the nature of the work, the action of the elements, tresp~rs, or any cause whatsoever under his or her control, until the completion and acceptance of the work. Neither the City nor any of its agents assumes any responsibility for collecting indemnity from any person or persons causing damage to the work of the Contractor. 6-08. Regulations and Permits. The Contractor shall secure and pay for all permits, give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the drawings and Special Provisions are at variance therewith, he or she shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided in the contract for chav.ges in the work. The contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business License. Spec. No. 96-1 14 C :~rojec~s~rt~.ex~\extspecs The City of Ukiah will issue a no fee encroachment permit to the Contractor allowing him or her to perform work within City right of way or within City property after the Contract Documents have been executed and insurance certificates and endorsements have been approved by the City. The City shall obtain at its expense a Fish and Game permit for the construction of the triple pipe culvert. 6-09. Construction Utilities. The Contractor .~h~ll be responsible for providing for and in behalf of his or her work under this contract, all necessary utilities, such as special connection to water supply, telephones, power lines, fences, roads, watchmen, suitable storage places, etc. 6-10. Approval of Contractorts Plans. The approval by the Engineer of any drawing or any method of work proposed by the Contractor in accordance with paragraph 8-06 shall not relieve the Contractor of any of his or her responsibility for his or her errors therein and shall not be regarded as any assumption of risk or liability by the City or any officer or employee thereof and the Contractor shah have no claim under this contract on account of the failure or partial failure or inefficiency of any plan or method so approved. Such approval sh:~ll be considered to mean merely that the Engineer has no objection to the Contractor's using, upon his or her own full responsibility the plan or method approved. 6-11. Suggestions to the Contractor. Any plan or method of work suggested by the Engineer to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor; and the Engineer and the City shall assume no responsibility thereof. 6-12. Termination of Unsatisfactory Subcontracts. Should any subcontractor fail to perform in a satisfactory manner the work undertaken by him, such subcontract shall be termin:~ted immediately by the Contractor upon notice from the Engineer. 6-13. Preservation of Stakes and Marks. The Contractor shall preserve carefully bench marks, reference points and stakes and in case of destruction he or she shall replace his or her stakes, reference points and bench marks and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. Contractor's attention is directed to Section 7-03 of these Special Provisions. 6-14. Assistance to Engineer. At the request of the Engineer the Contractor shall provide men from his or her force and tools, stakes and other materials to assist the Engineer temporarily in making measurements and surveys and in establishing temporary or permanent reference marks. Payment for such materials and assistance will be made as provided for under the caption 'Extra Work,' provided, however, that the cost of setting stakes and marks carelessly lost or destroyed by the Contractor's employees will be assessed to the Contractor. 6.15. Removal of Condemned Materials and Structures. The Contractor shall remove from the site of the work, without delay, ali rejected and condemned materials or structures of any kind brought to or incorporated in the work and upon his or her failure to do so, or to make satisfactory progress in so doing, within forty-eight (48) hours after the service of a written notice from the Engineer, the condemned material or work may be removed by the City and the cost of such removal shall be taken out of the money that may be due or may become due the Contractor on account of or by virtue of this contract. No such rejected or condemned material shall again be offered for use by the Contractor under this Contract. 6.16. Proof of Compliance with Contract. In order that the Engineer may determine whether the Contractor has complied with the requirements of this contract, not readily enforceable through inspection and tests of the work and materials, the Contractor shall, at any time when requested, submit to the Engineer properly authenticated documents or other satisfactory proofs as to his or her compliance with such requirements. 6-17. Errors and Omi.~qions. If the Contractor, in the course of the work, finds any errors or omissions in plans or in the layout as given by survey points and instn~cfion, or if he or she finds any discrepancy between the plans and the physical conditions of the locality, he or she shall imm*~Iiately inform the Engineer, in writing and the Engineer C: ~projectskm'eets~rtirprtpb.exflextspecs 15 Spec. No. 96-1 shall promptly verify the same. Any work done after such discovery, until authorized, will be done at the Contractor's risk. 6-18. Cooperation. The Contractor shall cooperate with all other contractors who may be performing work in behalf of the City and workmen who may be employed by the City on any work in the vicinity of the work to be done under this contract with the work of such contractors or workmen. He shall make good promptly, at his or her own expense, any injury or damage that may be sustained by other contractors or employees of the City at his or her hands. Any difference or conflict which may arise between the Contractor and other contractors, or between the contractor and workmen of the City in regard to their work shall be adjusted and determined by the Engineer. If the work of the Contractor is delayed because of any acts or omissions of any other contractor or of the City, the Contractor shall on that account have no claim against the City other than for an extension of time. 6-19. Right of Contractor to Stop Work. Under the following conditions the Contractor shall have the fight, if he or she so desires, to stop the work and terminate the contract upon ten (10) days written notice to the Engineer and recover from the City payment for all work actually performed and for all satisfactory materials actually delivered to the site of the work for permanent incorporation therein, all as may be shown by the estimate of the Engineer. (1) If the work be stopped under an order of any court or other competent public authority for a period of time of three (3) months through no act or fault of the Contractor or of anyone employed by him. (2) If the Engineer fails to issue the monthly certificate for payment in accordance with the terms of this contract. (3) If the City fails to pay the Contractor within sixty (60) days after it shall have become due, as provided by the terms of this contract, any sum certified by the Engineer or awarded by the City. All provided that if such action to terminate the contract be not instituted by the Contractor within ten (10) days after the alleged existence of such condition and if written notice of such action be not at that time dehvered to the City and the Engineer, then such right shall lapse until another occasion arises according to this section. 6-20. Hiring and Dismissal of Employees. The Contractor shall employ only such foremen, mechanics and laborers as are competent and skilled in their respective lines of work and whenever the Engineer shall notify the Contractor that any person on the work is, in his or her opinion, incompetent, unfaithful, intemperate or disorderly, or refuses to carry out the provisions of this contract, or uses threatening or abusive language to any person on the work representing the City, or is otherwise unsatisfactory, such person shall be discharged immediately from the work and shall not be reemployed upon it except with the consent of the Engineer. 6-21. Wage Rates. Contractor shall pay all mechanics and laborers employed or working upon the site of the work unconditionally and without subsequent deductions or rebate on any account the full amounts due at the time of payment at wage rates not less than those contained in the apphcable prevailing wage determination, regardless of any contractual relationship which may be alleged to exist between the Contractor and subcontractors and such laborers and mechanics. , Contractor shall comply with the California Labor Code Section 1775. In accordance with said Section 1775, Contractor shall forfeit as a penalty to the Owner, $50.00 for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for such work or craft in which such workman is employed for any work done under the Contract by him or her or by any subcontractor under him or her in viohtion of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. Spec. No. 96-1 16 C :~projects~'prtpb. ext\extspecs In addition to said penalty and pursuant to Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than the stipulated prevailing wage rate shall be paid to each workman by the Contractor. , Pursuant to the provision of Section 1770 of the Labor Code of the State of California, Owner has ascertained the general prevailing rate of wages (which rate includes employer payments for health and welfare, vacation, pension and similar purposes) applicable to the work to be done, for straight time work. The holiday wage rate listed shall be apphcable to all hohdays reco~,niTed in the collective bargaining agreement of the particular craft, classification or type of workmen concerned. Copies of the General Prevailing Wage Determination are on file in the office of the City Engineer and are available to the Contractor on request. The Contractor shall post the wage determination at the site of work in a prominent place where it can easily be seen by the workers. . City will not recognize any claim for additional compensation because the Contractor has paid any rate in excess of the prevailing wage rate obtained by the Engineer. The possibility of wage increases is one of the elements to be considered by the Contractor in determining his or her bid and will not in any circumstances be considered as the basis for a claim against the City. 5. Travel and Subsistence Payments. Contractor shall make travel and subsistence payments to each workman needed to execute the work in accordance with the requirements in Section 1773.8 of the Labor Code (Chapter 880, Statutes of 1968). 6. Apprentices. Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1968) and 1777.6 of the California Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Contractor and any subcontractor under him or her shall comply with the requirements of said sections in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 6-22. Cleaning Up. The Contractor shall not allow the site of the work to become littered with trash and waste material, but shall maintain the same in a neat and orderly condition throughout the construction period. The Engineer shall have the right to determine what is or is not waste material or rubbish and the place and manner of disposal. On or before the completion of the work, the Contractor shall without charge therefor carefully clean out all pits, pipes, chambers or conduits and shall tear down and remove all temporary structures built by him or her and shall remove rubbish of all kind from any of the grounds which he or she has occupied and leave them in first class condition. '. 6-23. Guaranty. All work shall be guarantied for a period of one year from the date of acceptance by the City. The Contractor shall promptly make all needed repairs arising out of defective materials, workmanship and equipment. The City is hereby authorized to make such repairs if within ten days after the mailing of a notice in writing to the Contractor or his or her agent, the Contractor shall neglect to make or undertake with due diligence the aforesaid repairs, provided, however, that in case of an emergency where, in the opinion of the City delay would cause serious C:\projects\str~ets~irprtpb.ext~xtspecs 17 Spec. No. 96-1 loss or damage, repairs may be made without notice being sent to the Contractor and the Contractor shall pay the costs thereof. Pursuant to the provisions of Section 4-03 of these Special Provisions, the Contractor shall furnish a Defective Material and Workmanship Bond in an amount not less than 5 percent of the total contract price, which shall be - effective for a period of one (1) year after the completion and acceptance of the work. SECTION 7. RESPONSIBIL~ AND RIGHTS OF CITY 7-01. Authority of the Engineer. All work done under this contract shall be done in a workmanlike manner and shall be performed to the reasonable satisfaction of the Engineer, who shall have general supervision of all work included hereunder. To prevent disputes and litigation, the Engineer (1) shall in all cases determine the amount, quality, acceptability and fitness of the several kinds of work and materials which are to be paid for under this contract, (2) shall decide all questions relative to the true construction, menning and intent of the Special Provisions and Drawings, (3) shall decide all questions which may arise relative to the classifications and measurements of quantities and materials and the fulfillment of this contract and (4) shall have the power to reject or condemn all work or material which does not conform to the terms of this contract. His estimate and decision in all matters shall be a condition precedent to an appeal for arbitration, or the right of the Contractor to receive, demand, or claim any money or other compensation under this agreement and a condition precedent to any liability on the part of the City to the Contractor on account of this contract. Whenever the Engineer shall be unable to act, in consequence of absence or other came, then such engineer as the Engineer or the City shall designate, shall perform any and all of the duties and be vested with any or all of the powers herein given to the Engineer. 7-02. Inspection. The City will provide engineering personnel for the inspection of the work. The Engineer and his or her representatives shall at all times have access to the work whenever it is in preparation or progress and the Contractor shall provide proper facilities for such access and impection. If the Special Provisions, the Engineer's instruction, laws, ordinances, or any public authority require any work to be specially tested or approved, the Contractor shall give the Engineer timely notice of its readiness for inspection and, if the impection is by an authority other than the Engineer, of the date fixed for such inspection. Inspections by the Engineer shall be promptly made at the source of supply where practicable. If any work shall be covered up without approval or consent of the Engineer, it must, ff required by the Engineer, be uncovered for examination and properly restored at the Contractor's expense. Reexamination of any work may be ordered by the Engineer and, if so ordered, the work must be uncovered by the Contractor. If such work is found to be in accordance with the contract documents, the City shall pay the cost of reexamination and replacement. If such work is not in accordance with the contract documents, the Contractor shall pay such cost. Properly authorized and accredited inspectors shall be considered to be the representatives of the City limited to the duties and powers entrusted to them. It will be their duty to inspect materials and workmamhip of those portions of the work to which they are assigned, either individually or collectively, under instructions of the Engineer and to report any and all deviations from the Drawings, Special Provisions and other contract provisions which may come to their notice. Any ~tor may be comidered to have the right to order the work entrusted to his or her supervision stopped, if in his or her opinion such action becomes necessary, until the Engineer is notified and has determined and ordered that the work may proceed in due fulfillment of all contract requirements. 7-03. Surveys. Contractor shall furnish all land surveys, establish all base lines and bench marks and make sufficient detailed surveys needed for working points, lines and elevations. The Contractor shall develop all slope stakes and batter boards. Contractor shall also develop all additional working points, lines and elevations as he or she may desire to facilitate his or her methods and sequence of construction. 7-04. Rights-of-Way. The City will provide all rights-of-way and easements in or beneath which pipes and other structures will be constructed by the Contractor under this contract. 7-05. Retention of Imperfect Work. If any portion of the work done or material furnished under this contract shall prove defective and not in accordance with the Special Provisions and Drawings and if the imperfection in the same shall not be of sufficient magnitude or im.nortance to make the work dangerous or undesirable, the Engineer shall have C:\projects~ztreets~irprtpb.ext\extspecs 19 Spec. No. 96-1 the fight and authority to retain such work instead of requiring the imperfect work to be removed and reconstructed, but he or she shall make such deductions therefor in the payments due or to become due the Contractor as may be just and reasonable. 706. Changes in the Work. The Engineer shall have the fight, in writing, to order additions to, omissions from, or corrections, alterations and modifications in the line, grade, form, dimensions, plan, or kind or amount of work or materials herein contemplated, or any pan thereof, either before or after the beginning of construction. However, the arithmetical sum of the cost to the City of additions and subtractions from the work under this contract shall not exceed 10 percent of original contract amount or $25,000, whichever is the lesser, unless based upon a supplementary agreement to be made therefor. The order of such additions, omissions, corrections, alterations and modifications sh~]] be in writing and signed by the Engineer and, in order, shall then be binding upon the Contractor. The Contractor shall proceed with the work as changed and the value of such change shall be determined as provided for in section 10-07 of these Special Provisions. Such alterations shall in no way affect, vitiate, or make void this contract or any pan thereof, except that which is necessarily affected by such alterations and is clearly the evident intention of the parties to this contract. 7-07. Additional Drawings by City. The drawings made a pan of this contract at the time of its execution are intended to be fairly comprehensive and to indicate in more or less detail the scope of the work. In addition to these drawings, however, the Engineer shall furnish such additional drawings from time to time during the progress of the work as are necessary to make clear or to define in greater detail the intent of the Special Provisions and the contract drawings and the Contractor shall m~ke his or her work conform to all such drawings. 7-08. Additional and Emergency Protection. Whenever, in the opinion of the Engineer, the Contracwr has not taken sufficient precautions for the safety of the public or the protection of the works to be constructed under this contract, or of adjacent structures or property which may be injured by the processes of construction on account of such neglect and whenever, in the opinion of the Engineer, an emergency shall arise and immediate action shall be considered necessary in order to protect public or private, personal or property interest, then and in that event, the Engineer, with or without notice to the Contractor may provide suitable protection to the said interests by causing such work to be done and such material to be furnished as shall provide such protection as the Engineer may consider necessary and adequate. The cost and expense of such work and material so furnished shah be borne by the Contractor and, if the same shall not be paid on presentation of the bills therefor, then such costs shall be deducted from any amounts due or to become due the Contractor. The performznce of such emergency work under the direction of the Engineer sh_nll in no way relieve the Contractor from any damages which may occur during or after such precaution has been taken by the Engineer. 7-09. Suspension of Work. The City may at any time suspend the work or any pan thereof by giving five (:5) days written notice to the Contractor. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor so to do. The City shall reimburse the Contractor for expense incurred by the Contractor in connection with the work under this contract as a result of such suspension. If the work, or any pan thereof, shall be stopped by the notice in writing aforesaid and if the City does not give notice in writing to the Contractor to resume work at a date within ten (10) days of the date fixed in the written notice to suspend, then the Contractor may abandon that portion of the work so suspended and he or she will be entitled to the ezfimates and payments for all work done on the portions so abandoned, if any, plus 5 percent of the value of the work so abandoned, to compensate for loss of overhead, plant expense and anticipated profit. Spec. No. 96-1 20 CAprojects~'prtpb.exflextspecs 7-10. Right of City to Terminate Contract. If the Contractor should be adjudged a bankrupt, or if he or she should make a general assi~ment for the benefit of his or her creditors, or if a receiver should be appointed on account of his or her insolvency, or if he or she should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply sufficient properly skilled workmen or proper materials, or if he or she should fail to make prompt payments to subcontractors or for material or labor, or persistently disregard laws, ordinances or the instructions of the Engineer, or otherwise be guilty of a substantial violation of any provision of the contract, then the City, upon the certificate of the Engineer that sufficient cause exists to justify such action, may, without prejudice to any other fight or remedy and after giving the Contractor seven days written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances and finish the work by whatever method the City may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expense of finishing the work, including compensation for additional m~nzgerial and administrative services, such excess shall be paid to the Contractor. If such expense .~hal! exceed such unpaid balance, the Contractor shall pay the difference to the City. The expense incurred by the City as herein provided and the damage incurred through the Contractor's default, shall be certified by the Engineer. 7-11. Use of Completed Portions. The City shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions which may not have expired; but such taking possession and using shall not be deemed an acceptance of any work not completed in accordance with the contract documents. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra compensation, or extension of time or both, as the Engineer may determine. C:~projects\streets~irprtpb.ext\extspecs 21 Spec. No. 96-1 SECTION 8. WORKMANSHIP, MATERIAL5, AND EQUHSMENT 8-01. General Quality. Materials and equipment shall be new and of a quality equal to that specified or approved. Work shall be done and completed in a thorough and workmanlike manner. 8-02. Quality in Absence of Detailed Specifications. Whenever under this contract it is provided that the Contractor shall furnish materials or manufac~ed articles or shall do work for which no detailed specifications are set forth, the materials or manufactured articles shall be of the best grade in quality and workmanship obtainable in the market from f'u'ms of established good reputation, or, if not ordinarily carried in stock, shall conform to the usual standards for first-class materials or articles of the kind required, with due consideration of the use to which they are to be put. In general, the work performed shall be in full conformity and harmony with the intent to secure the best standard of construction and equipment of the work as a whole or in part. 8-03. Materials and Equipmem Specified by Name. Whenever any material or equipment is indicated or specified by patent or proprietary name or by the name of the manufacturer, such specification shall be considered as used for the purpose of describing the material or equipment desired and shall be considered as followed by the words approved equal'. The Contractor may offer any material or equipment which shall be equal in every respect to that specified, provided that written approval first is obtained from the Engineer. 8-04. Source of Materials. Price, fitness, and quality being equal, preference shall be given by the Contractor for supplies grown, manufactured or produced in the State of California and, next, for such products partially produced in this State in accordance with Government Code Section 4332. 8-05. Storage of Materials. Materials shall be so stored to ensure the preservation of their quality and fitness for the work. They shall be so located and disposed that prompt and proper inspection thereof may be made. 8-06. Drawings, Samples and Tests. As soon as possible after execution of the contract, the Contractor shall submit to the Engineer, in quintuplicate, sufficient information including, if necessary, assembly and detail drawings to demonstrate fully that the equipment and materials to be fiimished comply with the provisions and intent of these Special Provisions and Drawings. If the information thus submitted indicates the equipment or materials is acceptable, the Engineer will return one copy stamped with his or her approval; otherwise, one copy will be returned with an explanation of why the equipment or material is unsatisfactory. The Contractor shall have no claim.~ for damages or for extension of time on account of any delay due to the revision of drawings or rejection of material. Fabrication or other work performed in advance of approval shall be done entirely at the Contractor's risk. After approval of equipment or material, the Contractor shall not deviate in any way from the design and specifications given without the written consent of the Engineer. When requested by the Engineer, a sample or test specimens of the 'materials to be used or offered for use in connection with the work shall be prepared at the expense of the Contractor and furnished by him or her in such quantities and sizes as may be required for proper examination and tests, with all freight charges prepaid and with information as to their sources. All samples shall be submitted before shipment and in ample time to permit the making of proper tests, analyses, or examination before the time at which it is desired to incorporate the material into the work. All tests of materials furnished by the Contractor shall be made by the Contractor. Samples shall be secured and tested pursuant to Section 13-03 Testing and Quality Control and Appendix "D" of these Special Provisions. C:\projects~'treetsV~-prtpb.ext~extspecs 23 Spec. No. 96-1 SECTION 9. PROSECUTION OF WORK 9-01. Equipment and Methods. The work under this contract shall be prosecuted with all materials, tools, machinery, apparatus and labor and by such methods as are necessary to the complete execution of everything described, shown, or reasonably implied. If at any time before the beginninE or during the progress of the work, any part of the Contractor's plant or equipment, or any of his or her methods of execution of the work, appear to the Engineer to be unsafe, inefficient, or inadequate to insure the required quality or the rate of progress of the work, he or she may order the Contractor to increase or improve his or her facilities or methods and the Contractor shall comply promptly with such orders; but, neither compliance with such orders nor failure of the Engineer to issue such orders shall relieve the Contractor from his or her obligation to secure the degree of safety, the quality of the work and the rate of progress required of the Contractor. The Contractor alone shall be responsible for the safety, adequacy and efficiency of his or her plant, equipment and methods. 902. Time of Completion. The Contractor shall promptly begin the work under this contract and shall complete and make ready for full use all portions of the project made the subject of this contract within the time set forth in the agreement bound herewith. 9.03. Avoidable Delays. Avoidable delays in the prosecution or completion of the work shall include all delays which might have been avoided by the exercise of care, prudence, foresight and diligence on the part of the Contractor. The City will consider as avoidable delays within the meaning of this contract (1) delays in the prosecution of parts of the work, which may in themselves be unavoidable, but do not necessarily prevent or delay the prosecution of other parts of the work nor the completion of the whole work within the time herein specified, (2) reasonable loss of time resulting from the necessity of submitting plans to the Engineer for approval and from the making of surveys, measurements, inspections, and testing and (3) such interruptions as may occur in the prosecution of the work on account of the reasonable interference of other contractors employed by the City which do not necessarily prevent the completion of the whole work within the time herein specified. 9-04. Unavoidable Delays. Unavoidable Delays in the prosecution or completion of the work under this contract shall include all delays which may result, through cause beyond the control of the Contractor and which he or she could not have provided against by the exercise of care, prudence, foresight and diligence. Orders issued by the City changing the amount of work to be done, the quantity of material to be furnished or the manner in which the work is to be prosecuted and unforeseen delays in the completion of the work of other contractors under contract with the City will be considered unavoidable delays, so far as they necessarily interfere with the Contractor's completion of the whole of the work. Delays due to normally adverse weather conditions will not be regarded as unavoidable delays. However, truly abnormal amounts of rainfall, temperatures or other weather conditions for the location of the work and time of year may be considered as unavoidable delays if those conditions necessarily cause a delay in the completion of the work. 9-05. Notice of Delays. Whenever the Contractor foresees any delay in the prosecution of the work and, in any event, immediately upon the occurrence of any delay which the contractor regards as an unavoidable delay, he or she shall notify the Engineer in writing of the probability of the occurrence of such delay and its cause, in order that the Engineer may take immediate steps to prevent, if possible, the occurrence or continuance of the delay, or, if this cannot be done, may determine whether the delay is to be considered avoidable or unavoidable, how long it continues and to what extent the prosecution and completion of the work are to be delayed thereby. 906. Extension of Time. Should any delays occur which the ~n~neer may consider unavoidable, as herein defined, the Contractor shall, pursuant to his or her application, be allowed an extension of time proportional to said delay or delays, beyond the time herein set forth, in which to complete this contract; and liquidated damages for delay shall not be charged against the Contractor by the City during an extension of time granted because of tmavoidable delay or delays. ' c: ~projects\str~ts~airprtpb .ex,\ex,specs 23 Spec. No. 96-1 Any claim by Contractor for a time extension based on unavoidable delays shall be based on written notice delivered to the Engineer within 1S days of the occurrence of the event giving rise to the claim. Failure to file said written notice within the time specified shall constitute a waiver of said claim. Notice of the full extent of the claim and all supporting data must be delivered to the Engineer within 45 days of the occurrence unless the Engineer specifies in writing a longer period. All claim~ for a time extension must be approved by the Engineer and incorporated into a written change order. 9-07. Unfavorable Weather and Other Conditions. During unfavorable weather and other conditions, the Contractor shall pursue only such portions of the work as shall not be damaged thereby. No portions of the work whose satisfactory quality or efficiency will be affected by any unfavorable conditions shall be constructed while these conditions remain, unless, by special, means or precautions approved by the Engineer, the Contractor shall be able to overcome them. The Contractor shall be granted a time extension of one day for each unfavorable weather day ~hich prevents him or her from placing concrete forms or placing and finishing concrete or asphalt concrete. Such unfavorable weather day is defined as a rain day where precipitation prevents the contractor from performing the work more than four (4) continuous hours within the authorized work period or a temperature day where the ambient temperature is below that specified for the placement of materials associated with the controlling work item for more than four (4) continuous work hours of the authorized work period. 908. Saturday, Sunday, Holiday and Night Work. No work shall be done between the hours of 6:00 p.m. and 7:00 a.m., nor on Saturdays, Sundays or legal holidays except such work as is necessary for the proper care and protection of work already performed, or except in cases of absolute necessity and in any case only with the permission of the Engineer. It is understood, however, that night work may be established as a regular procedure by the Contractor if he or she first obtains the written permission of the Engineer and that such permission may be revoked at any time by the Engineer if the Contractor fails to maintain at night adequate force and equipment for reasonable prosecution and to justify inspection of the work. 9-09. Hours of Labor. Eight (8) hours of labor shall constitute a legal day's work and the Contractor or any subcontractor shall not require or permit more than eight hours of labor in a day from any person employed by him or her in the performance of the work under this contract, unless paying compensation for all hours worked in excess of eight (8) hours per day at not less than 1 m~ times the basic rate of pay. The Contractor shall forfeit to the City, as a penalty, the sum of twenty-five dollars ($25.00) for each workman employed in the execution of the contract by him or her or by any subcontractor, for each calendar day during which such laborer, woricmsn, or mechanic is required or permitted to labor more than eight hours in violation of the provisions of Section 1810 to 1816, inclusive, (Article 3, Chapter 1, Part ?, Division 2) of the Labor Code of the State of California and any acts amendatory thereof. Spec. No. 96-I 26 C:~projects~rprt~.ext~extspecs SECTION 10. PAYMENT 10-01. Certification by Engineer. All payments under this contract shall be made upon the presentation of certificates in writing from the Engineer and shnll show that the work covered by the payments has been done and the payments thereof are due in accordance with this contract. 10-02. Progress Estimates and Payment. The Engineer .~hnli, within the first seven (7) days of each month, make an estimate of the value of the work performed in accordance with this contract during the previous calendar month. The first estimate shall be of the value of the work satisfactorily completed in place and meeting the requirements of the contract. And every subsequent estimate, except the final estimate, shall be of the value of the work satisfactorily completed in place since the last preceding estimate was made; provided, however, that should the Contractor fail to adhere to the program of completion fixed in this contract, the Engineer shall deduct from the next and all subsequent estimates the full calculated accruing amount of the liquidated damages to the date of said estimate, until such time as the compliance with the program has been restored. The estimate shall be signed by the Engineer and, after approval, the City shall pay or cause to be paid to the Contractor in the manner provided by law, an amount equal to 90 percent of the estimated value of the work satisfactorily performed and complete in place. 10-03. Substitution of Securities. 1. At such times that Government Code Section 4590 is in effect Contractor may propose the substitution of securities of at least equal market value for any moneys to be withheld to ensure performance under the Contract. Market value shall be determined as of the day prior to the date such substitution is to take place. Such substitution shall be made at the request and expense of the Contractor. The securities shall be one or more of the following types: (a) Bonds or interest-bearing notes or obligations of the United States, or those for which the faith and credit of the United Sates are pledged for the payment of principal and interest. Co) Bonds or interest-bearing notes on obligations that are guaranteed as to principal and interest by a federal agency of the United Sates. (c) Bonds of the Sate of California, or those for which the faith and credit of the Sate of California are pledged for the payment of principal and interest. (d) Bonds or warrants, including, but not limited to, revenue warrants, of any county, city, metropolitan water district, California water district, California water storage district, irrigation district in the Sate of California, municipal utility district, or school district of the State of California, which are rated by Moody's or Standard and Poor as A or better. (e) Bonds, consolidated bonds, collateral trust debentures, consolidated debentures, or other obligations issued by federal land banks or federal intermediate credit banks established under the Federal Farm Loan Act, as amended; debentures and consolidated debentures issued by the Central Bank for Cooperatives and banks for cooperatives established under the Farm Credit Act of 1933, as amended; bonds, or debentures of the Federal Home Loan Bank Board established under the Federal Home Loan Bank Act; and stock, bonds, debentures and other obligations of the Federal National Mortgage Association established under the National Housing Act as amended and bonds of any Federal Home Loan Mortgage Corporation. (f) Commercial paper of 'prime' quality as defined by a nationally recognized organization which rates such securities. Eligible paper is further limited to issuing corporations: (1) organized and operating within the United Sates; (2) having total assets in excess of five hundred million dollars ($500,000,000); and (3) C:\projects\stre~ts~.-'~rtpb.ext~xtsp~s 2'/ Spe~. No. 96-1 approved by the Pooled Money Investment Board of the State of California. Purchases of eligible commercial paper may not exceed 180 days' maturity, nor represent more than 10 percent of the outstanding paper of an issuing corporation. (g) Bills of exchange or time drafts on and accepted by a commercial bank, otherwise known as bankers acceptances, which are eligible for purchase by the Federal Reserve System. (h) Certificates of deposits issued by a nationally or state-chartered bank or savings and loan association. (I) The portion of bank loans and obligations guaranteed by the United States Small Business Admini.~'ation or the United States Farmers Home Aamim.~' tration. (j) Student loan notes insured under the Guaranteed Student Loan Program established pursuant to the Higher Education Act of 1965, as amended (20 U.S.C. 1001, et seq.) and eligible for resale to the Student Loan Marketing Association established pursuant to Section 133 of the Education Amendments of 1972, as amended (20 U.S.C. 1087-2). (lc) Obligations issued, assumed or guaranteed by International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, or the Government Development Bank of Puerto Rico. (1) Bonds, debentures and notes issued by corporations organized and operating within the United States. Such securities eligible for substitution ~hzll be within the top three ratings of a nationally reco~ynized rating service. 2. The securities shall be deposited with City or with any commercial bank as escrow agent, who shall arrange for transfer of such securities to the Contractor upon satisfactory completion of the contract. Any interest accrued or paid on such securities shall belong to the Contractor and shall be paid upon satisfactory completion of the contract. The market value of the securities deposited shall at all times be maintained in an amount at least equal, in the sole judgment of City, to the moneys to be withheld pursuant to the Contract Documents to ensure performance of the Contract. In order to comply with th~ condition, Contractor -~h911 deposit additional securities as necessary upon request by City or the escrow agent. 3. Upon acceptance of any Proposal that includes substituting securities for amounts withheld to ensure performance, a separate escrow agreement satisfactory in form and substance to City shall be prepared and executed by City, the Contractor and the escrow agent, which may be City. The escrow agreement shall specify, among other matters, value of securities to be deposited; procedures for valuing the securities and for adding or withdrawing securities to rnaintaJI1 the market value of the deposited securities at least equal to the amount of moneys which would otherwise be withheld; the terms and conditions of conversion to cash in case of the default by the Contractor; and terms, conditions and procedure for terminstion of the escrow. City shall have no obligation to enter any such Agreement that does not provide the City with the unilateral right to convert securities to cash and to gain immediate possession of the cash.' 10-04. Acceptance. The work must be accepted by vote of the City Council of the City of Ukiah when the whole shall have been completed satisfactorily. The Contractor shall notify the Engineer, in writing, of the completion of the work, whereupon the Engineer sh~li promptly, by personal inspection, satisfy himself as to the actual completion of the work in accordance with the terms of the contract and shall thereupon recommend acceptance by the City Council. Spec. No. 96-1 28 C:~projects~irprtpb.¢xt\extspecs 10-05. Final Estimate and Payment. The Engineer shall, as soon as practicable after the final acceptance of the work done under this contract, make a final estimate of the amount of work done thereunder and the value thereof. Such final estimate shall be signed by the Engineer, and after approval, the City shall pay or cause to be paid to the Contractor, in the manner provided by law, the entire sum so found to be due hereunder, after deducting therefrom all previous payments and such other lawful amounts as the terms of this contract prescribe. In no case will final payment be made in less than thirty-five (35) days after the filing of the notice of completion with the County Recorder. 10-06. Delay Payments. Should any payment due the Contractor or any estimate be delayed, through fault of the City beyond the time stipulated, such delay shall not constitute a breach of contract or be the basis for a claim for damages, but the City shall pay the Contractor interest on the amount of the payment at the rate of 6 percent per annum for the period of such delay. The terms for which interest will be paid shall be reckoned, in the case of any monthly or progress payment, from the twentieth day of the month next succeeding the month in which the work was performed to the date of payment of the estimate; and in the case of the final estimate, from the forty-fifth day after acceptance to the date of payment of the final estimate. The date of payment of any estimate shall be considered the day on which the payment is offered or mailed as evidenced by the records of the Treasurer of the City. If interest shall become due on any delayed payment, the amount thereof, as determined by the City, shall be added to a sung payment. If the interest shall become due on the final payment, it shall be paid on a supplementary voucher to interest or any sum or sums which, by the terms of this contract, the City is authorized to reserve or retain. 10-07. Extra Work and Work Omitted. Whenever corrections, alterations, or modifications of the work under this contract ordered by the Engineer and approved by the City increase the amount of work to be done, such added work shall be known as "extra work"; and when such corrections, alterations, or modifications decrease the amount of work to be done, such subtracted work shall be known as "work omitted". When the Contractor considers that any changes ordered involve extra work, he or she shall immediately notify the Engineer in writing and subsequently keep him or her informed as to when and where extra work is to be performed and shall make claim for compensation therefor each month not later than the first day of the month following that in which the work claimed to be extra work was performed and he or she shall submit a daily complete statement of materials and labor used and expenses incurred on account of extra work performed, showing allocation of all materials, labor and expenses. All such claims shall state the date of the Engineer's written order and the date of approval by the City authorizing the work on account of which claim is made. Unless such notification is made in writing within the time specified and unless complete statements of materials used and expenses incurred on account of such extra work are furnished as above required, the Contractor shall not be entitled to payment on account of extra work and Contractor shall be deemed to have waived the right to make any future c]aim.~ for compensation for such extra work. When changes decrease the amount of work to be done, they shall not constitute a claim for damages on account of anticipated profits on the work that may be omitted. 10-08. Compensation for Extra Work or Work Omitted. Whenever corrections, additions, or modifications in the work under this contract change the amount of work to be done or the amount of ~on due the Contractor, excepting increases or decreases in contract items having unit contract prices for each measurable quantity installed in place, and such changes have been ordered in writing by the Engineer and approved by the City prior to the Contractor performing the extra work, then a price may be agreed upon. Failing such au. agreement in price, the Contractor shall be compensated for performing extra work pursuant to the provisions of Section 4-1.03 D, "Extra Work", and Section 9-1.03, "Force Account Payment" of the Standard Specifications. · 29 Spec. No. 96-1 This method of determining the price of work shall not apply to the performance of any work which is required or reasonably implied to be performed or furnished under this contract. 10-09. Compensation to the City for Extension of Time. In case the work called for under this contract is not completed within the time limit stipulated herein, the City shall have the fight as provided hereinabove, to extend the time of completion thereof. If the time limit be so extended, the City shall have the right to charge to the Contractor and to deduct from the final payment for the work the actual cost to the City of engineering, inspection, superintendence and other overhead expenses which are directly chargeable to the contract and which accrue during the period of such extension, except that the cost of final unavoidable delays shall not be included in such charges. 10-10. Liquidated Damages for Delay. It is agreed by the parties to the contract that time is of the essence and that, in case all the work is not completed before or upon the expiration of the time limit as set forth, damage, other than those cost items identified in section 10-09, will be sustained by the City and that it is and will be impracticable to determine the actual amount of damage by reason of such delay; and it is therefore agreed that the Contractor will pay to the City the sum of five hundred dollars ($.~30.00) per day for each and every calendar day's delay beyond the time prescribed. Spec. No. 96-1 30 C:\pmjects~ai~p~b.ext\¢xtspecs SECTION 11. MISCELLANEOUS 11-01. Notice. Whenever any provision of the contract documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. If mailed, the notice .~hall be deemed received on the date of delivery stated in the return receipt. 11-02. Computation of Time. When any period of time is referred to in the Contract Documents by days, it shall be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation. 11-03. Litigation and Forum Selection. Contractor and City stipulate and agree that any litigation relating to the enforcement or interpretation of this contract, arising out of Contractor's performance or relating in any way to the work shall be brought in Mendocino County and that venue will lie in Mendocino County. The parties waive any objections they might otherwise have to the propriety of jurisdiction or venue in the state courts in Mendocino County and agree that California law shall govern any such litigation. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto and, in particular but without limitation, the warranties, guaranties and obligations imposed upon the Contractor and all of the rights and remedies available to the City thereunder, shall be in addition to and shall not be construed in any way as a limitation of, any rights and remedies available to any or all of them which are othecvvise imposed or available by law or contract, by special warranty or guaranty, or by other provisions of the contract documents and the provisions of this paragraph shall be as effective as if repeated specifically in the contract documents in connection with each particular duty, obligation, right and remedy to which they apply. All warranties and guaranties made in the contract document shall survive final payment and termination or completion of this contract. 11..04. Waiver. The Contractor shall strictly comply with all notices and other contract requirements. Waiver by the City of any failure of the Contractor to comply with any term of the contract, including the notice provisions, shall not be deemed a waiver of a subsequent breach. C: \projects\streets~irprtpb. ext\extspec s 31 Spec. No. 96-1 TECHNICAL SPECIFICATIONS SECTION 12. GENERAL INFORMATION 12-01. Arrangement of Technical Specifications. The Technical Specifications are arranged in sections covering the various phases of work as follows: Section No. Title 12 13 14 15 General Information Construction Details Exclusions from General Conditions Amendments to General Conditions 1202. Arrangement of Plans. The plans consist of 11 sheets, A through 10 of 11, and are hereby made a part of the contract documents. 12-03. Business Licenses. The Contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business License prior to the start of any portion of the work. 12-04. Permits. See Section 13-04 of these Special Provisions. 12-05. Standard Specifications and Standard Plans. The Standard Specifications and Standard Plans of the California State Department of Transportation, July 1992, are hereby made a part of these Special Provisions and are hereinafter referred to as "California Standard Specifications' and "California Standard Plans." Whenever in the California Standard Specifications and the California Standard Plans the following terms are used, they shall be understood to mean and refer to the following: Department of Transoortation - The City Council. Director of Public Works - The City of Uldah Director of Public Works. ~ - The Engineer, designated by the City Council, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. ~ - The designated laboratory authorized by the City of Ukiah to test materials and work involved in the contract. State - The City of Ukiah Other terms appearing in the California Standard Specifications and the California Smd Plans .~hnl! have the intent and meaning specified in Section I, Definition of Terms of the California Standard Specifications. In case of discrepancy between the contract documents, the order of precedence from the highest to lowest is as follows: 1. (City) Special Provisions 2. (City) Project Plans C:~projects~reets~zirprtpb.exflextspecs 33 Spec. No. 96-1 3. City Standard Plans and Details 4. California Standard Plans 15. California Standard Specifications 12-06. Temporary Facilities. All temporary facilities are the responsibility of the Contractor. The removal of said facilities shall be the responsibility of the Contractor. The Contractor shall be responsible for any and all damages to existing facilities which are a result of the work. 12-07. Existing Utilities. In general, the locations of existing utilities are indicated on the drawings and/or will be marked on the ground at the site. The accuracy of completeness of this information is not guaranteed, however and unless otherwise indicated on the Project Plans or in these Special Provisions, or unless otherwise cared for by the owner thereof, all water, gas or sewer lines, lighting, power or telephone conduits, structures, house connections, lines, and other surface or subsurface structures of any nature that may be affected by the work shall be maintained by the Contractor and shall not be disturbed, disconnected or damaged by him or her during the progress of the work; provided, that should the Contractor in the performance of the work disturb, disconnect or damage any of the above, all expenses of whatever nature arising from such disturbance or the replacement or repair thereof shall be borne by the Contractor. In case it should be necessary to move permanently or to maintain temporarily the property of any public utility or other property, the cost must be borne by the Contractor. However, the City reserves the right, if requested by the owner, to permit the owner to move or maintain the utility at the Contractor's expense. All existing utilities shall be kept in service during the progress of the work. Where protection is required to insure support located substantially as shown on the Project Plans, the Contractor shall furnish and place the necessary protection at his or her expense. The right is reserved to the State, the County or the City therein and to the owners of public utilities and franchises, to enter upon any street, road, right-of-way or easement for the purpose of maintaining or of malting Ilecessary repairs or changes in their property made necessary by the work. 12-08. Public Convenience and Safety. The Contractor shall conduct operations so as to cause the least possible obstruction and inconvenience to public traffic. The Contractor ~hall, at his or her expense, furnish such flag persons and furnish, erect, construct and maintain such fences, barriers, lights, signs, detours, pedestrian walkways, driveway ramps and bridging as may be necessary to give adequate warning to the public that work is in progress and that dangerous conditions exist, to provide access to abutting properties and to permit the flow of pedestrian and vehicular traffic to safely and expeditiously pass the work. 12-09. Maintaining Traffic. Attention is directed to Section 7-1.08, 'Public Convenience,' 7-1.09, "Public Safety," 7-1.092, "Lane Closure," and 7-1.095, "Flagging Costs," of the California Standard Specifications. Streets shall be open to through vehicular traffic during non-working hours. All public traffic shall be permitted to pass through the work with as little inconvenience and delay as possible. Full costs for 'Maintaining Traffic", including 'Flagging Costs', ~:~11 be considered as included in the various items of work and no additional compensation will be made. 12-10. Cooperation. Attention is directed to Section 7-1.14 of the California Standard Specifications. Other construction work by other forces relocating power lines, telephone lines and pipe lines, and constructing other improvements, may be in progress within and adjacent to the limits of this contract at the time work under these Special Provisions is being performed. Spec. No. 96-1 34 C:\pmjects~irprtpb.ext\extspecs The Contractor for the work herein specified shall cooperate with the force engaged in performing other work as above described to the end that such forces may conduct their operations with as little inconvenience and delay as possible, and the Contractor shall permit such forces passage through the work as is reasonable and necessary to transport their materials and equipment to the site of their operations. Full compensation for conforming to the requirements of this article shall be considered as included in the prices paid for the various contract items of work and no additional allowance will be made therefor. 12.11 Dust Control. Dust control shall conform to the provisions in Section 10 of the Standard Specifications and these special provisions. Full compensation for dust control shs]l be considered as included in the prices paid for the various contract items of work, and no additional compensation will be allowed therefor. 12.12 Stream Pollution. The Contractor ~h~ll exercise every reasonable precaution to prevent muddying or silting of live streams, and the Contractor's attention is called to the fact that the terms of this contract do not relieve him or her of responsibility for compliance with Sections 5650 and 12015 of the Fish and Game Code or other applicable statutes relating to pollution prevention or abatement. 12-13. Existing Highway Facilities. The work performed in connection with various existing highway facilities shall conform to the provisions in Section 15 of the Standard Specifications and these special provisions. All existing highway facilities to be removed shall be disposed of at locations outside the highway right-of-way. Such disposal shall conform to the provisions in Section 7-1.13, 'Disposal of Material Outside the Highway Right-of-Way. ' 12-14. Notification of Underground Service Alert (USA). The Contractor shall notify Underground Service Alert (USA) two (2) working days prior to any excavation. Dial (toll free) 1 (800) 227-2600. C:\projectskstreetsVairprtpb.¢xt~extspecs 3S Spec. No. 96-1 SECTION 13 - CONSTRUCTION DETAILS 13-01. Location and Scope of Work. The work is an extension of Airport Park Boulevard from a point approximately 1600 feet southerly of Commerce Drive to a point 1545 feet further south where it roms westerly across the northerly frontage of the Mendocino Brewery project and across the Railroad tracks where it connects with Airport Road. The northerly end of this extension of Airport Park Boulevard .~hall begin at the southerly end of the full width improvements that is to be completed as part of the Friedman Brothers site development. In addition, the work includes the construction of a water main for the full length of this project's section of Airport Park Boulevard together with a connecting water main from the westerly terminus of Airport Park Boulevard to a point on the westerly side of the Ukiah Regional Airport. All work will be within either a 70-foot wide Roadway and Public Utility Easement, a Drainage Easement, a Public Utility and Slope Easement, Airport Road fight of way, the Ukiah Regional Airport property or the Railroad right of way. This work will not include the installation of the overhead power line or the installation of the 40-foot long sections of casing for water and power crossing under the railroad tracks. This work will be done at the same times that site development construction will be in progress at the Mendocino Brewery site. Access to the Brewery site shall be maintained at all times. 13.-02. Surveying. Construction surveying including horizontal and vertical control and staking shall be the responsibility of the Contractor. Survey control shall be in accordance with the control diagram shown on Drawing Number 2 of the Plans and in accor~ce with the maps and documents which are referred to on the diagram. Vertical control shall be established using the City datum from the bench mark shown on Drawing Number 2 of the Plans. A Record of Survey will be filed to document the placement of City Monuments. This Record of Survey will be done by others and will not be the responsibility of the Contractor. Payment. The contract lump sum price paid for Surveying shall include performing all vertical and horizontal establishment and control together with construction staking necessary for the layout and construction of the work to the lines and grades specified, and no additional compensation will be allowed therefor. 13.03. Testing and Quality Control. The Contractor shall be responsible for controlling the quality of the materials incorporated into the work and of the work performed, and he or she shall perform the necessary sampling and testing as specified in Appendix "D' to these Special Provisions. Soil and aggregate sampling and testing shall be performed by an independent Geoteclmical Engineering firm licensed to perform such tests. Other required sampling and testing ,hal! be performed by an independent laboratory certified to perform the type of sampling and testing assigned to or requested of them. The Engineer shall be provided with one copy of the test report within the time frames as specified in Appendix "D". Should any test result indicate a noncompliance with the requirements of the Contract Documents, the Contractor shall either perform a retest on the non complying item of work or remove and reconstruct or rework the non complying portion of work. Should a retest indicate non compliance with the requirements of the Contract Documents, the non conforming item of work shall be removed, reconstructed, or reworked. All reconstructed and reworked items of work .~hall be tested in the same manner as required for the initial work. Prior to any removal, reconstruction or rework of any work item already incorporated into the project, the Contractor shall first obtain the approval of the Engineer as to the Contractor's proposed methods for removal, reconstruction, and rework. The City reserves the right to inspect at its own cost any portion of the project that has been tested by the Contractor and any independent testing performed by the City shall not relieve the Contractor of his or her responsibility for ~mpling, testing, reporting and overall quality control required by the Contract Documents. Should any independent tests of the work indicate non compliance with the Contract Documents, upon notice of the Engineer, the Contractor ·ha]! retest that portion of the work not in compliance pursuant to the independent test. The Contractor's retest shall C:~projects~treets~irprtpb.ext~xtspecs 37 Spec. No. 96-1 be closely monitored by the City. Should the Contractor's retest indicate compliance with the Contract Documents, direct costs related to the retest shall be paid for by the City pursuant to the force account provisions provided in Section 9-1.03 of the Standard Specifications. Should the Contractor's retest indicate non compliance, the Contractor shall remove, reconstruct, or rework the non complying portion of work, and the cost of the retest shall be borne by the Contractor. ~ Full compensation for performing sampling, testing, reporting, retesting, if required, and overall quality control shall be considered as included in the contract lump sum price paid for Testing and Quality Control and no additional compensation will be allowed therefor, except for a retest on a portion of the work ordered by the Engineer that confirms compliance as indicated by the Contractor's initial test on the same portion of work. 1~44. Permits. The City of Ukiah will obtain an Agreement with the Railroad to construct the water main as shown through the existing casing crossing the railroad fight of way. The Contractor shall obtain at his or her expense, a Right of Entry Permit from the Railroad to do this work. They will require that the Contractor give 5 days notice before beginning work in the railroad right of way and will also require that the Railroad be named as additional insured on the Contractor's Insurance Policy. The limits of insurance are as indicated in the Right of Entry document included in Appendix "C" of these Special Provisions. The Contractor shall pay all costs related to the Right of Entry Agreement. Work within the Ukiah Regional Airport property will not require a special permit. However, the Contractor shall comply with all Federal Aviation Agency regulations concerning work near the runway and taxiway. This shall include but not be limited to the use of proper equipment and giving proper notification to airport personnel of equipment and construction operations in the area. The City of Ukiah will also obtain a Stream bed Alteration Agreement with the Department of Fish and Game for removal and installation of storm drainage pipes near Station 41 + 50 of Airport Park Boulevard and related channel excavation and slope protection. The Contractor shall comply with all provisions of this Agreement. Payment. Full compensation for obtaining the Right of Entry Permit and complying with both the Right of Entry Permit and the Stream bed Alteration Agreement shall be considered as included in the prices paid for the various contract items of work, and no additional compensation will be allowed therefor. 13-05. Cooperation and Collateral Work. The Contractor shall conform to the provisions of Section 7-1.14, 'Cooperation" of the Standard Specifications and to these Special Provisions. During the time that this project is under construction, work will be under construction at the Mendocino Brewery site that is immediately to the south of this project. In addition there is likely to be work under construction building overhead power lines and underground telephone conduits in or adjacent to this project site together with other roadway construction at the northerly terminus of this project site. The Contractor shall ascertain the nature and extent of any simultaneous collateral work and shall coordinate his or her operations and cooperate to minimi~'.e interference. 13-06. Preservation of Property. The Contractor shall conform to the provisions of Section 7-1.11, 'Preservation of Property" of the Standard Specifications and to these Special Provisions. All costs to the Comractor for protecting, removing, modifying, relocating and restoring existing improvements shall be considered as included in the contract prices paid for the various items of work and no additional allowances will be made therefor. 13-07. Clearing and Grubbing. This work shall consist of removal and replacement of fencing near STA 10+75 and 13+65 of the water line, removing specified fences, trees, brash and stripping of all grassy or otherwise Spec. No. 96-1 .- 38 C:~mjects~.-prtpb.ex6extspecs unsuitable material from the roadway construction area. Disposal of material shall be in accordance with Section ?- 1.13 'Disposal of Material Outside the Highway Right-of-way' of the Standard Specifications. Clearing and grubbing shall conform to the provisions in Section 16, 'Clearing and Grubbing" of the Standard Specifications and to these Special Provisions. Tree removal shall include removing the stump and any surface roots within six (6) feet of the think. The use of blasting or burning is not permitted. Clearing and grubbing shall be paid for at a lump sum price. Payment. The contract lump sum price paid for clearing and grubbing shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in clearing and grubbing as specified in these special provisions including removal and replacement of fences, removal and disposal of fences, trees, and brush, together with stripping and removal of grass and other unsuitable material, and no additional compensation will be allowed therefor. 13-08. Demolition. This work shall consist of removal of an existing building together with concrete slabs, and building foundations at the locations shown on the plans between STA 42-1-00 and STA 43+00. Disposal of material sh~!l be in accordance with Section 7-1.13 "Disposal of Material Outside the Highway Right-of-way" of the Standard Specifications. Demolition shall conform to the provisions in Section 16, 'Clearing and Grubbing" of the Standard Specifications and to these Special Provisions. Demolition shall be paid for at a lump sum price. Payment. The contract lump sum price paid for Demolition shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in demolition as specified in these special provisions including removal and disposal of building materials, concrete slabs, building foundations, and no additional compensation will be allowed therefor. 134)9. Subgrade Preparation. For purposes of this section, subgrade shall be defined as including the natural ground surface upon which im.norted borrow is to be placed and compacted for roadway fill/embankment and, in the case of roadway excavation, subgrade shall be the natural ground surface upon which the Class II aggregate base is to be placed and compacted, together with the extensions of those areas as further described herein. The limits of work for subgrade preparation are as follows: Airport Park Boulevard, North-South Direction The entire area to receive im?orted borrow material for roadway fill/embankment including the area between the west right of way line of Airport Park Boulevard, North-South to five feet beyond(east of) the toe of fill/embankment on the east side and in areas of excavation/cut, between the outer limits of the roadway cut which is defined as 6 feet beyond the edge the roadway to receive asphalt concrete. Airport Park Boulevard, East-West Direction The entire area to receive imported borrow material for roadway fill/emb~ent including the area between the limits that are five feet beyond the southerly toe to five feet beyond the northerly toe and in areas of excavation/cut, between the limits that are two feet beyond the curb face on the south side to six feet beyond the planned north edge of the roadway to receive asphalt concrete. After the removal of vegetation, roots, and other objectionable materials within the roadway construction area as required by the provisions of Section 13-07, "Clearing and Grubbing", of these Special Provisions, the Contractor shall scarify the top six inches of the subgrade, moisture condition if required, grade, and recompact the scarified C:\projects\slreets~-prtl~.ext~extspecs 39 Spec. No. 96-1 subgrade to a minimum relative compaction of 90 percent prior to the placement of any imported borrow or Class II aggregate base. Should the subgrade contain excess moisture which would inhibit the required compaction, the Contractor shall aerate the subgrade, dewater and/or apply to and uniformly mix into the subgrade material a commercial and dry hydrated lime or portland cement to stabilize the excessively wet subgrade material. The amount of hydrated lime or portland cement to be apphed to the subgrade material and the methods by which these materials are to be uniformly applied and mixed into the subgrade shall be determined by the Contractor. After achieving optimum moisture conditions, the subgrade shall be graded and compacted to the required relative density. ~ Subgrade Preparation shall be paid for at a lump sum price. Payment. The Contract lump sum price paid for subgrade preparation shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all work involved in Subgrade Preparation as specified in these Special Provisions including but not limited to scarifying, moisture conditioning, grading, aerating, dewatering, applying and mixing lime or portland cement, if needed, and compacting the subgrade material as specified within the limits specified, and no additional compensation will be allowed therefor. 13-10. Roadway Excavation. Roadway excavation shall conform to the provisions in Section 19-2 'Roadway Excavation" of the Standard Specifications except as provided herein. Measuremem. Cubic yards of roadway excavation are an estimated quantity as defined by Section 9-1.015, 'Final Pay Quantifies' of the Standard Specifications. Payment, The contract price paid per cubic yard for Roadway Excavation shall be a final pay quantity as del'reed by Section 9-1.015, 'Final Pay Quantities' of the Standard Specifications, and shall include full compensation for all excavation, sloping, rounding tops and ends of excavation, loading, hauling, depositing, spreading and compacting the material complete in place, and fill, compacting, grading, disposing of any materials for constructing to finished grade the embankxnent indicated in the plans, and no additional compensation will be allowed therefor. 13-11. Imported Borrow. Imported Borrow for Roadway Subgrade and Embankment shall conform to the provisions of Section 19-7 'Borrow Excavation"of the Standard Specifications and to these Special Provisions. Import borrow material shall be provided in accordance with Section 19-7.02 'Im?ort Borrow' of the Standard Specifications. Import borrow material is not available on the project site. Material for Import Borrow shall be located and obtained by the Contractor at his or her own expense. Each borrow site shall be identified by the Contractor to the Engineer and at least three Sand Equivalent tests shall be conducted and submitted to the Engineer. All tests shall show a sand equivalency of not less than ten (10), or the material shall be considered as unsuitable. The method of calculating the number of cubic yards of Import Borrow material is as follows: A. The total number of cubic yards of Cut and Fill were determined using the average areas and distances between these areas as determined from the cross sections shown on the Plans. B. The total Fill of 4,088 Cubic Yards was reduced by the total Cut of 2,107 Cubic Yards after the total cubic yards of cut was reduced by a compaction factor of 1.25. C. The resulting net Fill volume of 4,088 - (2,107/1.25) = 4,088 - 1,685 = 2,403 Cubic Yards of Import Borrow material in place. This is the quantity that shall be paid. Spec. No. 96-1 C :\proj~etskairprtpb.ext~xtspecs D. This quantity does not include any volume lost from stripping unsuitable material or any volume gained by the use of any structural excavation, trench or ditch excavation, which may be used if these materials are determined to be suitable as specified in these Special Provisions. Measurement, Cubic yards of Imported Borrow for Roadway Subgrade and Embankment are an estimated quantity as defined by Section 9-1.015, 'Final Pay Quantities' of the Standard Specifications and as described in these Special Provisions. ~ The contract price paid per cubic yard for Imported Borrow for Roadway Subgrade and Embankment shall be a final pay quantity, as defined by Section 9-1.015, 'Final Pay Quantities' of the Standard Specifications, and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in obtaining and placing imported borrow, complete in place, as shown on the plans, and as specified in these special provisions, and as directed by the Engineer. 13-12. Watering. This work shah consist of developing a water supply and furnishing all water required for the work, including water used in the performance of work paid for as extra work, and applying all water. Watering shall conform to the provisions in Section 17 of the Standard Specifications and these special provisions. ~ Full compensation for developing and applying water and conforming to the above requirements shall be considered as included in the prices paid for the various contract items of work requiring water, and no additional compensation will be allowed therefor. 13-13. Aggregate Base. Aggregate base shall be Class 2 Aggregate Base and shall conform to the provisions in Section 26 of the Standard Specifications for 3/4 inch maximum size aggregate. Aggregate base shall be placed in the structural section of the roadway, in the shoulder areas, and under the curb and gutter, to the lines and grades shown on the plans, and in accordance with the details shown on the plans. Aggregate base placed in areas outside of those described herein will be considered "Import Borrow' and will not be paid for as Class 2 aggregate base. Measurement. Quantities of Class 2 Aggregate Base will be determined from Public Weighmaster Certificates. Duplicate load slips .~haH be furnished to the City's impector at the sole expense of the Contractor. Payment. Aggregate base will be paid for at the contract price per ton of Class 2 Aggregate Base, which price shall include full compensation for furnishing all labor, materials, equipment, and tools necessary to complete this item including supplying Public Weighmaster Certificates, and no additional compensation will be allowed therefor. 13-14. Prime Coat (Liquid Asphalt) nnd Paint Binder (Tack Coat). Prime coat is not required to be applied on the Aggregate base. Paint binder shall be furnished and applied in accordance with the provisions of Section 39-4.02 and Section 94 of the Standard Specifications and shall be applied to aH vertical surfaces of existing or newly constructed pavement, curbs, gutters, and construction joints in the surfacing against which additional material is to be placed, and to a pavement to be overlaid. The exact rate of application of paint binder will be determined by the Engineer during construction. CAprojects\streets~irprtpb.ext\extspecs 41 Spec. No. 96-1 Payment. Full compensation for paint binder shall be considered as included in the price paid per ton for asphalt concrete, which price shall include full compensation for furnishing all labor, materials, equipment, and tools necessary to apply the paint binder as specified. 13.1S. Asphalt Concrete. Asphalt concrete for asphalt concrete pavement to be constructed under this contract shall conform to the requirements for Type B, 3/4" maximum, medium for the first lift (base course) and ~/i" maximum, medium for the second lift (surface course) for asphalt overlay as set forth in Section 39 of the Standard Specifications. Asphalt binder shall be steam-refined paving asphalt Grade AR-40(X) conforming to the provisions in Section 92 of the Standard Specifications. Asphalt concrete shall be placed in two lifts. The first lift shall have a compacted thickness of. 17 feet and the second lift shall have a compacted thickness of .08 feet. Measurement. Quantities of asphalt concrete will be determined from Public Weighmaster Certificates. Duplicate load slips shall be furnished by and at the sole expense of the Contractor. Payment. Asphalt Concrete will be paid for at the contract price per ton of Type B Asphalt Concrete Surfacing, which price shall include full compensation for furnishing all labor, materials, equipment, tools, and incidentals necessary to complete this item including supplying duplicate Public Weighmaster Certificates load slips. 13-16. Curb and Gutter. This work shall consist of constructing concrete curb and gutter to the lines and grades shown on the plans, and in accordance with the details shown on the plans. The Contractor's attention is directed to the requirements of City of Ukiah Standard Drawing No. 101, 'Score Mark Details for Sidewalk, Curb and Gutter', a copy of which is in Appendix "A" of these Special Provisions. All concrete shall be Class B (470 lbs./c.y.) concrete as specified in Section 90 of the Standard Specifications. Portland Cement shall be Type II Modified. Forming, placement, stripping, and curing for concrete curb and gutter shall conform to the provisions of Sections 73 and 90-7 of the Standard Specifications. Curing shall be achieved with a non pigmented curing compound with fugitive dye. Curb and Gutter shall be measured by the linear foot, in place along the face of curb. ~ Furnishing and placing aggregate base uader the C'urb and Gutter shall be paid for at the contract price paid per ton for Class 2 Aggregate Base. The contract price paid per linear foot for Curb and Gutter shall include full compensation for furnishing all labor, materials, tools, and equipment, and doing all the work involved in constructing curb and gutter as specified, and no additional compensation will be allowed therefor. 13.17. WATER FACILITIF_3 CONSTRU~ON 13-17.1. Description. All water mains and related appurtenances shall be consm~ted in accordance with the City of Ukiah Standard Plans for Public Improvements, copies of which are in Appendix "A" of these Special Provisions. All water main materials and appurtenances shall be of domestic origin. Foreign water main materials and appurtenances are not acceptable. spec. No. 96-1 42 C:~projects~airpnpb.ext\extspecs 13-17.2. Pipe. The pipe, except where otherwise specified on the plans, can be either Ductile Cast Iron or Polyvinyl Chloride (PVC) all in accordance with the following: A, Ductile Iron pipe shall be cement lined, new pipe conforming to A.N.S.I. A 21.:51 1976 or most recent issue, if any, as sponsored by the American Water Works Association (AWWA) for thickness Class 53 Ductile Iron pipe. The pipe shall be furnished with either bell and spigot, "Tyton" joints or mechanical joints except where otherwise specified on the plans. Bi Polyvinyl Chloride (PVC) pipe shall be new pipe, minimum Class 200, or as shown on the plans and conforming to the requirements of AWWA C900 "Standard for Polyvinyl Chloride Pressure Pipe, 4 inch through 12 inch for Water" and shall be furnished with either bell ends or couplings designed to effect an elastomeric pressure seal. Each and every length of pipe and coupling shall be marked with the manufacturer's name, lot number, and the date the pipe was tested. The pipe shall be tested in accordance with the most recent American Water Works Standard Specifications and amendments thereto for the pipe furnished. The testing shall be performed in a State licensed materials testing laboratory where the testing standards meet or exceed State of California testing standards. Accompanying or preceding each load of pipe delivered, a certificate shall be furnished to the City certifying that the pipe which is (to be) delivered has been tested and meets the requirements of the American Water Works Association Standard Specifications. The certificate shall identify the pipe by manufacturer's name, lot number, and date tested by a State certified materials testing laboratory. Number 12 insulated copper wire shall be laid on top of and along the entire length of all nonmetallic service laterals and mains, and shall be extended to the surface at all valve location blow-offs and meter boxes sufficiently for locator equipment to be attached. C. Measurement. &-inch, 8-inch, 10-inch, and 12-inch PVC Water Main and 12-inch Ductile Iron Water Main pipe shall be measured by the linear foot, in place, as measured on the horizontal plane. D, Payment. The contract price paid per linear foot of Water Main Pipe shall include full compensation for furnishing all labor, materials, tools, and equipment, and doing all the work involved in furnishing and installing the pipe in place as specified including all trenching, backfill, bracing and shoring, acceptance tests, sterilization or disinfection, fie-ins, connections, tees, bends, retainer glands, reducers, fittings, thrust backing, caps, plugs, harnesses, copper tracer wire, skids, end seals, as specified, and no additional compensation will be allowed therefor. 13-17.3. Laying and Handling Pipe Materials. Proper implements, tools, and facilities satisfactory to the Engineer shall be provided and used by the Contractor for safe, convenient, and workmanlike prosecution of the work. All pipe fittings and valves shall be carefully lowered into the trench in such a manner as to prevent damage to pipe coatings, Under no circumstances shall pipe or accessories be dropped or dumped.into the trench. Before lowering and while suspended, the pipe shall be inspected for defects and the cast iron pipe rung with a light hammer to detect cracks. Any defective, damaged, or unsound pipe shall be rejected and sound materials furnished. Ctnxing of pipe for inserting valves, fittings, or closure pieces shall be done in a neat and worhnanlike manner without damage to pipe. All pipe stockpiled on the job shall be stored with the ends covered to prevent the entrance of foreign matter. Whenever it is necessary either in a vertical or horizontal plane to avoid obstructions or when long radius curves are permitted, the amount of deflection shall not exceed the maximum recommended by the pipe manufacturer or that required for satisfactory jointing. c: ~orojectsL%'trects~irprtpb. ext\extspecs 43 Spec. No. 96-1 Each length of pipe shall be free of any visible evidence of contamination, dirt and foreign material before it is lowered into its position in the trench, and it .shall be kept clean by approved means during and after laying. At times when pipe laying is not in progress, the open ends of any pipe which have been laid shall be closed by approved means to prevent the entrance of small animals or foreign material. Trench water shall not be permitted to enter the pipe. 15-17.4. Laying PVC Pipe. Individual pieces of pipe, valves, and fillings shatl be joined by placing the rubber rings on the machined ends of the pipe and pulling the couplings, valves, or fittings in accordance with the manufacturer's recommendations. The rings .shall be checked to be sure they are in the proper position after the coupling is in place. Care shall be taken to insure proper sealing of the rings, and adapters shall be utilized for connections as required by the manufacturer. Fittings for PVC pipe shall be either the mechanical joint type or push-on type. PVC pipe shall be as specified in and installed per AWWA C900 of latest revision and in accordance with the manufacturer's recommendations. 15-17.5. Laying Ductile Iron Pipe. The flame cutting of pipe by means of an oxyacetylene torch shall not be allowed. Ductile iron pipe shall be as specified in and installed per AWWA C600 of latest revision and in accordance with the manufacturer's recommendations. All construction work needed to lay Ductile Iron pipe in the Railroad right of way shall conform and comply with all provisions of the Right of Entry Permit that is to be obtained by the Contractor at his or her expense. Ductile Iron pipe laid in the casing within the railroad right of way shall be fitted with skids before pushing the pipe into the casing and once it is in place the casing shall be sealed at both ends using a water fight seal that is to be approved by the Engineer. Ail Ductile Iron pipe within the railroad right of way shall be pipe with mechanical joints with retainer glands. The casing will be installed by others. 15.17.6. Fittings. Ductile iron fittings shall be cement mortar lined in accordance with AWWA C104 of latest revision and shall have a petroleum asphaltic coating conforming tO AWWA C 110. Ductile iron fittings shall have a minimum pressure rating of 250 p.s.i, and shall othewvise meet or exceed the pressure rating of the pipe to be installed and shall have a minimum Class 53 thickness rating. 15.17.7. Gate Valves. Gate valves shall conform to AWWA Standard C509 of latest revision and shall be the resilient seat type with non rising stem opening counter clockwise with O-ring stem seal and suitable ends for connections to type of pipe or fitting used. The working pressure rating of gate valves shall meet or exceed the pressure rating the pipe specified on the plans. External bolts and nuts shall be stainless or poly wrapped per standard. Gate valves shall be in accordance with City Standard Drawings Numbered 305 "Fire Hydrant" and 307 "Gate Valve and valve Box Detail", copies of which are in Appe~ "A" of these Special Provisions. A. Measurement. 6-inch, 8-inch, 10-inch, and 12-inch Gate Valves shall be measured as each. Bo ~ The contract price paid each for Gate Valves shall include full compensation for furnishing all labor, materials, tools, and equipment, and doing all the work involved in furnishing and installing the Gate Valves in place as specified, and no additional compensation will be allowed therefor. 15-17.8. 2-inch Blowoff. Blowoffs ahall be in accordance wi~ City Standard Drawing Numbered 309 "Water Main Dead-end - Blowoff', a copy of which is in Appendix "A" of these Special ProvisJons. Spec. No. 96-1 44 C :~=~rojects~h'prtpb.ext\extspecs A. Measurement. 2-inch Blowoffs shall be measured as each. Bo Payment, The contract price paid each for 2-inch Blowoffs shall include full compensation for furnishing all labor, materials, tools, and equipment, and doing all the work involved in furnishing and installing the 2-inch Blowoffs in place as specified, and no additional compensation will be allowed therefor. 13-17.9. Excavation and Backf'dl. All water main trenches shall be backfilled in accordance with City Standard Drawing Numbered 320 'Trench Detail for Water Line", a copy of which is in Appendix 'A" of these Special Provisions. Trenching in paved areas within the Ukiah Regional Airport shall be comidered as within street fight of way. The Contractors attention is directed to the existence of an asphalt concrete swale that crosses the water line at approximately STA 6+ 25. Asphalt concrete shall be saw cut and the backfill .~hall be in accordance with the street right of way condition in City Standard Drawing Number 320. Excess material from excavation shall become the property of the Contractor and shall be disposed of to the satisfaction of the Engineer. Prior to disposal of any materials or operation of any equipment on sites provided by the Contractor for disposal of excess trench excavation owned by him, the Contractor shall submit to the Engineer written authorization for such disposal of materials and entry permission signed by the owners of the disposal site and the required permits. Payment: Full compensation for furnishing all labor, materials, tools, and equipment, and doing all the work required to comply with this section of the Special Provisions shall be considered included in the contract price paid per lineal foot of Water Main, and no additional compensation will be allowed therefor. 13-17.10. Thrust Backing. All tees, bends, and plugs shall be provided with thrust backing and/or harness as shown on the plans or in accordance with City Standard Drawings Numbered 305, 307, 309, 311, and 312, copies of which are in Appendix "A" of these Special Provisions. 13-17.11. Acceptance Tests. A. General. The following procedure is based on the assumption that the pressure and leakage tests will be performed at the same time, however, separate tests may be made if desired. If separate tests are made, the pressure test shall be made first. The duration of the pressure test may be reduced to one hour, and the test pressure for the leakage test may be reduced to the maximum working pressure that will occur on the portion of the line being tested. After the pipeline has been laid, it shall be fried with water for a minimum of 24 hours and then subjected to a hydrostatic pressure test. The test pressure shall be 175 psi. When, in the opinion of the Engineer, local conditions require that the trenches be backf'flled immediately after the pipe has been laid, the pressure test may be made after backfilling has been completed and at least 72 hours after the last concrete thrust or reaction backing has been poured. The duration of the test shall be two (2) hours unless otherwise directed by the Engineer. ]L_l~.Iilf, t, IlllI~ Each section of pipeline shall be slowly filled with water, and the specified test pressure sh_~ll be applied by means of a pump connected to the pipe in a manner satisfactory to the Engineer. The pump, pipe connection, and all necessary apparatus shall be furnished by the Contractor. During the filling of the pipe and before the application of the specified test pressure, all air shall be expelled from the pipeline, if necessary, by means of taps at points of highest elevation, and, after completion of the test, the taps shall be tightly plugged, unless otherwise specified, During the test, all exposed pipe, fittings, valves, hydrants, and couplings shall be carefully examined. Any joint at which the accumulated leakage exc__-eds the rate specified in Table 1 shall be rejected. All cracked or defective elements shall be removed and replaced by the Contractor at his or her expense. The test shall then be repeated until the results are satisfactory to the Engineer. C: \projects\stre~ts~-pr~. ext\¢xtspecs 45 Spec. No. 96-1 C. Overall Leakage. No pipe installation will be accepted until or unless the leakage for the section of line tested is less than the rate of leakage specified in Table 1 below. If the test leakage in any section is greater than that permitted, the Contractor shall locate and repair the defective joints at his or her own expense until the leakage is within the permitted allowance. MAXIMUM ALLOWABLE LEAKAGE PER 100 COUPLINGS AT 175 PSI REQUIRED TEST PRESSURE. PIPE DIAMETER 411 611 11 12" GAL/HR 1.33 1.96 2.65 3.96 13.17.12. Sterilization or Disinfection. Before the pipeline is placed in service and before certification of completion by the Engineer, all new water systems, extension to the existing systems, valved sections of extensions, replacements in the existing system, and any exposed section of the existing system shall be disinfected in accordance with AWWA C601, "Disinfection of Water Mains," or to the satisfaction of the Engineer. 13-18. Bracing and Shoring. All bracing and shoring .~hall conform to Section 5-1.02A, "Trench Excavation Safety Plans" and Section 7-1.01E, "Trench Safety" of the Standard Specifications and of the Division of Industrial Safety Construction Safety Orders which are currently in use. The Contractor shall take all necessary measures to protect the workmen and adjacent areas and structures from the hazards of the trenching or excavation operations. Sheet piling and other sheeting shall be withdrawn in such a manner as to prevent caving at the walls of excavation or damage to'piping or other structures. Except as may be hereinafter modified, no sheeting shall be left in the trench and no backfill shall be made agnimt the sheeting before it is removed. Any sheeting extending below the invert of the pipe shall be left in place by ~ off in a manner satisfactory to the Engineer. Safe and suitable ladders shall be provided for all excavations more than five (5) feet in depth. The ladders shall project two (2) feet above the top of the trench and one such lsdder shall be provided for each one hundred (100) feet of open cut. P.a.Ylllf~: Full compensation for bracing and shoring as herein specified shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. 13-19. Storm Drain Piping. The pipe, except where otherwise specified on the plans, can be either Reinforced Concrete or Polyvinyl Chloride (PVC) all in accordance with the following: Spec. No. 96-1 46 C:~projects~'prtpb.extXextspecs A. Bo Co D, Reinforced Concrete Pipe as shown on the plans shall be Class 4, and shall conform to the provisions of ASTM C-76. Reinforced Concrete Pipe shall be installed on the alignment and grade as shown on the plans and in accordance with the applicable provisions of Section 65, "Reinforced Concrete Pipe" of the Standard Specifications and these Special Provisions and as directed by the Engineer. The pipe shall be laid in a trench excavated to the planned lines and grades. The bottom of the trench shall be graded and prepared to provide a firm and uniform bearing throughout the entire length of the pipe. Backf'fll of culvert pipe trenches may be partially completed or completed while the joint mortar is still plastic. Should the joint mortar become set before the backfdl is placed, backfilling of the pipe trenches shall not be commenced within 16 hours ofjointing the pipe sections. No pipe shall be laid which is cracked, checked, spalled, or damaged and which, in the opinion of the Engineer, is unsuitable for use. Where ground water occurs, pumping shall continue until backfilling has progressed to a sufficiem height to prevent flotation of the pipe. Water shall be disposed of in such a manner as to cause no property damage or be a hazard to public health. Unless otherwise specifically permitted by the City Engineer, all pipe shall be laid up grade. Polyvinyl Chloride (PVC) storm drain and pipe shall be SDR35 shall be installed on the ali~tmment and grade as shown on the plans and in accordance with Special Provisions and as directed by the Engineer. The 15-inch PVC storm drain to be installed at STA 39+.50 shall include a 90-degree bend and minor ditching within the roadway easement for a distance of approximately 50 feet northerly on the west side of the roadway. Where ground water occurs, pumping shall continue until backfilling has progressed to a sufficient height to prevent flotation of the pipe. Water shall be disposed of in such a manner as to cause no property damage or be a hazard to public health. Measurement, 15-inch, and 18-inch PVC Storm Drain Pipe and 36-inch Class 4 RCP Storm Drain shall be measured by the linear foot, in place, as measured on the horizontal plane. Payment. The contract unit prices paid per lineal foot of 15-inch, and 18-inch PVC Storm Drain Pipe and 36-inch Class 4 RCP Storm Drain shall include full compensation for furni.qhing all labor, materials, tools, equipment, incidentals, and for doing all the work involved in installing of pipe, including excavation, minor grading near STA 39+50, 90-degree pipe bend, backfill, disposal of excess material, and removal of water from the trenches by pumping, complete in place, as shown on the plans, as specified in these special provisions and as directed by the Engineer. 13-20. Storm Drain Trench Backfffi. All storm drain trenches shall be backfffied in accordance with City Standard Drawing Numbered 420 "Trench Detail, Storm Drain Pipe", a copy of which is in Appendix "A" of these Special Provisions. Excess material from excavation shall become the property of the Contractor and shall be disposed of to the satisfaction of the Engineer. Prior to disposal of any materials or operation of any equipment on sites provided by the Contractor for disposal of excess trench excavation owned by him, the Contractor shall submit to the Engineer C:\projects~treets~irprtpb.ext\extspecs 47 Spec. No. 96-1 written authorization for such disposal of materials and entry permission signed by the owners of the disposal site and the required permits. 13-21. Electrical Underground Conduit. This work shah consist of furnishing and installing 4 inch and 6 inch diameter electrical underground conduit at the locations and in accordance with the trench details as shown on the Plans and also in accordance with these Special Provisions. 13-21.1. Materials. Trade Names and Equipmem All materials furnished shall be in accordance with these specifications and shah be new and of the best quality. Deviations from these specifications shall be requested by the contractor in writing from the City. A. Polyvinyl Chloride (PVC) Conduit AH PVC conduit, except riser conduit, shall be Schedule DB 120, UL-listed, in 20-foot lengths with molded couplings. Conduit lengths shall be cemented together with cement recommended by conduit manufacturer. B. PVC Conduit Couplings Couplings shall be approximately two times the conduit diameter in length and schedule 40, UL- listed. C. PVC Conduit Bend(s) The The The The 1' diameter PVC Conduit Bend(s) shall be 12 inch Minimum radius, Schedule 40 UL-listed. 2" diameter PVC Conduit Bend(s) shall be 24 inch Minimum radius, Schedule 40 UL-listed. 4' diameter PVC Conduit Bend(s) shall be 36 inch Minimum radius, Schedule 40 UL-listed. 6' diameter PVC Conduit Bend(s) shall be 12 foot Minimum radius, Schedule 40 UL-listed. D. Riser Conduit AH Riser Conduits shall be Schedule 80 UL-listed above the ground line. The 6 inch diameter Riser Bend(s) saw be 5 foot radius, Schedule 40 UL-listed. E. Marking Tape Marking tape shall be a minimum of 5.5 mils thick composed of a minimum of .3 mils thick metal foil backing and a plastic protective jacket. The width shah be a minimum of 3". The tape shall be red in color, printing shall be black ink with a minimum letter size 1" tall and shall state: 'CAUTION Electric Line Buried Below'. An acceptable manufacturer of the above marking tape is Terra Tape "Sentry line 620', or equal. The tape sha!l have a method of connecting multiple rolls of tape to maintain electrical continuity. 13-21.2 Installation A. Conduit Spec. No. 96-1 C: ~ojects~llirprtpb. ext~extspecs All conduits shall be cleaned by using brushes and swabs as required and tested with 90% conduit size mandrel for clear bore by a method approved by the City. All testing shall be done in the presence of the City inspector. Any conduit which does not pass the test shall be replaced until conduit tests clear. If during the testing of the conduit systems with the mandrel, or at any other time until acceptance by the City, in the sole opinion of the representative of the City, there is reason to be suspicious of the condition of the conduit, the Contractor shall excavate conduit at the suspected location to determine the conduit condition and replace or repair as necessary. Any conduits installed for future use shall have a plug or cap at termination. When conduit-laying is not in progress, the open ends of installed conduit shall be dosed by approved means to prevent entrance of trench water into the line. Whenever water is excluded from the interior of the conduit, enough backfill shall be placed on the conduit to prevent floating. Any conduit that has floated shall be removed from the trench and re-laid as directed by the Engineer. No conduit shall be laid in wet trench conditions that preclude proper bedding, or on a frozen trench bottom. B. Conduit Coupling Each conduit joint shall be sealed with a coupling cemem. At each conduit coupling joint, the conduit shall not be deflected either vertically or horizontally more than the limits recommended by the manufacturer. C. Plastic Conduit Bends The 6' diameter, 12' Minimum radius conduit bends shall be encased with 6" minimum concrete around circumference for the length of the bend. The smaller bends do not need to be concrete encased. D. Trenches Where ground water occurs, pumping shall continue until backfilling has progressed to a sufficient height to prevent flotation of the pipe. Water shall be disposed of in such a manner as to cause no property damage or be a hazard to public health. Excess material from excavation shall become the property of the Contractor and shall be disposed of to the satisfaction of the Engineer. Prior to disposal of any materials or operation of any equipment on sites provided by the Contractor for disposal of excess trench excavation owned by him, the Contractor shall submit to the Engineer written authorization for such disposal of materials and entry permission signed by the owners of the disposal site and the required permits. 13-21.3 Measurement. The 4-inch, and 6-inch Electrical Underground Conduit shall be measured by the linear foot, in place, as measured on the horizontal plane. 13-21.4 ~ The contract unit prices paid per lineal foot for 4-inch, and 6-inch Electrical Underground Conduit shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals, and for doing all the work involved in installing of pipe, including excavation, backfill, disposal of excess material, and removal of water from the trenches by pumping, complete in place, as shown on the plans, as specified in these special provisions and as directed by the Engineer. C:kproje, ctskstre~tsl,tirprtpb.exfiextspecs 49 Spec. No. 96-1 13-22. Concrete Headwall. This work .~hall consist of constructing a concrete headwall at the upstream end of the three 36-inch storm drain pipes crossing Airport Park Boulevard near Station 41+50. This portland cement concrete structure shall be constructed to the planned lines and grades and in accordance with the designs and details shown of the plans and as specified in Section 51 "Concrete Structures" and these Special Provisions. Concrete shall conform to the provisions of Section 90, "Portland Cement Concrete". Concrete shall be Minor Concrete and shall contain not less than 564 pounds of portland cement concrete per cubic yard. Reinforcement shall conform to the provisions in Section 52, 'Reinforcement'. Concrete Headwall shall be measured as Lump Sum. ~ The Lump Sum price paid for Concrete Headwall shall include full compensation for furnishing all labor, materials, tools, and equipment and incidentals, and doing all the work involved in constructing the concrete headwall in place as shown of the plans as specified, including all structural excavation and structural backf'fll and for furnishing and placing all bar reinforcing steel, and no additional compensation will be allowed therefor. 13-23. Ditch Excavation. This work shall consist of regrading the chanruq downstream of the outlet of the three 36- inch storm drain on the east side of the roadway near STA 414-50 and upstream of the headwall at the inlet of the three 36-inch storm drain on the west side of the roadway near STA 414-60 as shown of the plans and the cross sections. Ditch Excavation shall conform to the provisions in Section 19-4 "Ditch Excavation" of the Standard Specifications except as provided herein. Measurement, Cubic yards of Ditch Excavation are an estimated quantity as defined by Section 9-1.015, 'Final Pay Quantities' of the Standard Specifications. Payment. The contract price paid per cubic yard for Ditch Excavation shall be a final pay quantity as defined by Section 9-1.015, 'Final Pay Quantifies' of the Standard Specifications, and shall include full compensation for all hauling, excavation, grading, disposing of any materials indicated in the plans, and no additional compensation will be allowed therefor. 13-24. Rock Rip Rap. Rock Rip Rap shall be either "Light" or "1/4 Ton" Rock Rip Rap and shall conform to the provisions of Rock Slope Protection at Sections 72-2.01 'Description', 72-2.02, 'Materials', and 72-2.03 "Placing' of the Standard Specifications all in accordance with the following: Ao Material. Material shall be 'Light' class or '1/4 Ton' class slope protection in accordance with the grading in Section 72-2.02, 'Materials' of the Standard Specifications. B. ~. Placing shall be by Method B Placemem in accordance with Section 72-2.03 "Placing" of the Standard Specifications. Ce ]~~2~III. Rock Rip Rap Light and Rock Rip Rap 1/4 Ton shall be measured by the Cubic Yard as determined from the dimensions shown on the plans or the dimensions directed by the Engineer. This shall also include the rock in the Concreted-rock Slope Protection. Rock slope protection placed in excess of these dimensions will not be paid for. Do ~. The contract price paid per Cubic Yard of the various classes of Rock Rip Rap shall include full compensation for furnishing all labor, materials, tools, and equipment, and doing all the work involved in $1~c. No. 96-1 C:kl~'ojects~'prlpb.ext\¢xtspecs constructing the rock slope protection, complete in place, including excavation, and backfilling footing trenches, as shown on the plans, and as specified in these specifications and special provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor. 13-2~. Concreted-Rock Slope Protection. This work shall consist of constructing Concreted-Rock Slope Protection at the upstream end of the three 36-inch storm drain pipes crossing Airport Park Boulevard near Station 41 +50. Concreted-Rock Slope Protection shall conform to the provisions of Section 72-5 'Concreted-Rock Slope Protection' of the Standard Specifications and in accordance with the following Special Provisions: A. Material. The concrete to be placed in rock rip rap shall be minor concrete containing not less than 564 pounds of portland cement concrete using 1' maximum aggregate conforming to the provisions of Section 90, "Portland Cement Concrete" of the Standard Specifications B. P. lgg. iag. Placing of concrete shall be in accordance with Section 72-5.04 'Placing Concrete' of the Standard Specifications. C. Measurement. Rock Rip Rap "Light" shall be measured by the Cubic Yard as determined from the dimensions shown on the plans or the dimensions directed by the Engineer. Rock slope protection placed in excess of these dimensions will not be paid for. Concrete shall be paid for by the cubic yard as measured at the mixer as provided in Section 90-11, "Measurement and Payment" of the Standard Specifications. Do Payment. The contract price paid per Cubic Yard of Rock Rip Rap 'l~ght' shall include full compensation for furnishing all labor, materials, tools, and equipment, and doing all the work involved in constructing the rock slope protection, complete in place, including excavation, and backfilling footing trenches, as shown on the plans, and as specified in these specifications and special provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor. The contract price paid per Cubic Yard of Concrete for Concreted-Rock Slope Protection shall include full compensation for furnishing all labor, materials, tools, and equipment, and doing all the work involved in fumishm~ and placing the concrete for Concreted-Rock Slope Protection, complete in place, as specified in these specifications and special provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor. 13-26. Pavement Striping and Marking. This work shall consist of pavement striping and marking of the type and at the locations as shown on the plans and in accordance with Section 84 "Traffic Stripes and Pavement Markings" of the Standard Specifications, the latest edition of Chapter 6, "Markings" of the State of California Department of Transportation Traffic Manual, and these Special Provisions. Measurement. Pavement striping and marking shall be measured as Lump Sum. Payment. The Lump Sum price paid for pavement striping and marking shall include full compensation for furnishing all labor, materials, tools, and equipment and incidentals, and doing all the work involved in striping and marking as shown of the plans as specified, and no additional compensation will be allowed therefor. 13-27. Raised Pavement Markers. Reflective Raised Pavement Markers ,hall conform to Section 85, "Pavement Markers", of the Stau. dard Specifications and these specifications. c: \projects\str~ts~airprtpb .ext~xtspecs Spec. No. 96-1 The adhesive material used in the installation of pavement markers will cause severe dermatitis if it is allowed to come in contact with the skin or eyes. Use gloves and protective creams on the hands. Should this material contact the skin, wash thoroughly with soap and water. Do not attempt to remove this material from the skin with solvents. If any adhesive material gets in the eyes, flush for 10 minutes with water and secure immediate medical attention. Measurement; The quantity of Reflective Raised Pavemem Markers to be paid for will be determined by count, complete in place. Payment: The contract price paid for Reflective Raised Pavement Markers shall include full compensation for furnishing all labor, materials (including adhesives), tools, equipment and incidentals, and for doing all the work, including traffic control, involved in furnishing and placing pavement markers, complete in place, as shown on the plans, as specified herein, and as directed by the Engineer. 13-28. Signs. This work shall consist of installing roadside signs conforming to the provisions of Section 56-2, "Roadside Signs" of the Standard Specifications, the latest edition of Chapter 4, "Signs" of the State of California Department of Transportation Traffic Manual, and these Special Provisions. Posts shall be metal posts in accordance with Section 56-2.02A, "Metal Posts" of the Standard Specifications except for the Stop Signs which shall be in accordance with City Standard Detail No. 120 "Sign Detail", a copy of which is in Appendix "A" of these Special Provisions. Roadside Signs include one new each of a W-75 "LANE ENDS MERGE LEFT" 30", W-11 pavement width reduction from the left symbol 30', R-63 "DO NOT PASS" 24"x30', W-25 divided road symbol 30', W-44 two way traffic symbol 30", W-17 stop ahead symbol 30", two new W-47 railroad advanced warning symbol signs 30", and three new R-1 'STOP"signs 30" (one new stop sign and two replacing existing stop signs). Measurement, Roadside signs shall be measured as each. Where two signs are to be placed on one post, two signs are to be paid for. Where two posts are required for one sign, one sign will be paid for. ~ The contract price paid each for Signs shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved in installing signs complete in place, at the locations shown on the project plans together with foundations and the removal of existing signs, as specified in these special provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor. 13.29. Street Barricnde. This work shall consist of constructing a street barricade at the location shown on the plans, and in accor~ce with City of Uldah Standard Drawing No. 130 'Barricade Detail", a copy of which is in Appendix "A" of these Special Provisions. Street Barricade shall be measured by the linear foot, in place along the face of the barricade. ~ The contract price paid per linear foot for Street Barricade ,hall iaelude full compensation for furnishing all labor, materials, tools, and equipment, and doing all the work involved in constructing the Street Barricades as specified, and no additional compensation will be allowed therefor. 13-30. Sand-fflied Modules for Crash Cushiom. This work shall consist of furnishing and installing Sand Filled Modules for Crash Cushions of the type and location as shown on the plans and in accordance with State Standard Plan AS1, "Crash Cushion, Sand Filled" including the fill'ninhing ~ installation of the Type R Marker panel on each of the front modules. Spec. No. 96-1 C:~urojects~airprtpb.¢xfiextspecs At the Contractor's option, modules shall be either of the following types or equal: Manufacturer: Distributor (Northern) Energy Absorption System's Inc. One East Wacker Drive Chicago, IL 60601-20?6 Telephone (312)467-6750 Traffic Control Service, Inc. 8585 Thys Court Sacramento, CA 95828 Telephone'(800) 884-8274 FAX (916) 387-9734 Distributor (Northern) Traffic Control Service, Inc. 1881 Betmor Lane Anaheim, CA 92805 Telephone (800) 222-8274 FAX (714) 937-1070 Or Fitch Intertial Modules: National Distributor Distributor Roadway Safety Service, Inc. ?00-3 Union Parkway Ronkonkoma, NY 11779 Singletree Sales Company San $ose, CA 95112 Telephone (800) 822-??35 Modules contained in the crash cushion ~hnll be of the same type at each location. The color of modules shall be the standard yellow color as furnished by the vendor, with black lids. The exterior components of the modules shall be formulated or processed to resist deterioration from ambient ultraviolet rays. The modules shall exhibit good workmanship free from structural flaws and objectionable surface defects. The Contractor shall provide the Engineering with a Certificate of Compliance form the manufacturer in accordance with the provisions of Section 6-1.07, "Certificates of Compliance", of the Standard Specifications. Said certificate shall certify that the crash cushions comply with the contract plans and specifications, conform to the pre-qualified design and material requirements, and were manufactured in accordance with the approved quality control program. Sand f'flling the modules shall be clean washed concrete sand of commercial quality. At the time of placing in the modules, the sand shall contain not more thnn 7 percent water, as determined by California Test 226. Module cylinders shall be filled with sand in accordance with the manufacturer's directions, and to the sand capacity in pounds for each module as shown on the plans. Lids shall be securely attached as recommended by the manufacturer. A Type R or P marker panel shall be attached to the front of the crash cushion as shown on the plans, when the closest point of crash cushion array is within 12 feet of the traveled way. The marker panel, when required, shall be firmly fastened to the crash cushion with commercial quality hardware or by other methods approved by the Engineer. Sand filled crash cushions, regardless of the number of modules required in each sand filled crash cushion, will be measured and paid for by the unit as crash cushion, sand filled.. The quantity to be paid for will be determined from actual count of the units in place in the completed work. CAprojects~a~ets~-prtpb.ext\extspecs 53 Spec. No. 96-1 Measurement. Sand Filled Modules for Crash Cushions shall be measured as each. Pavmem. The contract price paid each for Sand Filled Modules for Crash Cushions shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved in furnishing and installing the Sand Filled Modules for Crash C~hions complete in place, at the locations shown on the project plans, as specified in these special provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor. 13-31. City Monuments. This work shall consist of constructing City Monuments at the locations shown on the plans, and in accordance with the details on the plans. Once the brass marker is in place the surveyor shall be notified to punch the exact mark in the brass. Measuremem, City Monuments shall be measured as each. Pavmem. The contract price paid each for City Monuments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved in installing the monuments complete in place, at the locations shown on the project plans, as specified in these special provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor. Spec. No. 96-1 C:~projects~airprtpb.ext\extspecs SECTION 14. EXCLUSIONS FROM GENERAL CONDmONS 14-01. Provisions to be Excluded from General Conditions. The following designated provisions of the General Conditions are hereby determined to be inapplicable to the proposed work and, therefore, are hereby excluded from the terms of the Notice to Bidders, Proposal, Agreement and other contract documents as though entirely omitted from said General Conditions: (1) Section 6-02. Office at the Site No other exclusions. SECTION 15. AMENDMENTS TO GENERAL CONDITIONS 1.%01. Sections of General Conditions to be Amended. The following designated sections of the Special Provisions are hereby amended to read as follows: No amendments. C:~projccts\strcets~irprtpb.exr\ext3pecs Spec. No. 96-1 CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA PROPOSAL FOR AIRPORT PARK BOULEVARD EXTENSION Specification No. 96-1 The undersigned, as bidder, declares that he or she has examined thoroughly all of the contract documents herein contained, that this proposal is made without collusion with any other person, firm or corporation and that all laws and ordinances relating to the interest of public officers in this contract have been complied with in every respect. AND he or she proposes and agrees, ff this proposal is accepted, 1) that he or she will contract with the City of Ukiah, Mendocino County, California, in the form of the copy of the agreement herein contained a) to provide all necessary machinery, tools, apparatus and other means of construction; b) to furnish all materials; c) to provide all superintendence, overhead expenses and all labor and expenses of whatever nature necessary to complete the job in conformity with the specifications and drawings and other contract provisions herein or reasonably implied hereby or as necessary to complete the work in the manner and within the time named herein and according to the requirements and to the reasonable satisfaction of the City Engineer; d) to pay all charges of freight transportation and hauling; 2) that he or she indemnifies the City again~ any loss or damage arising from any act of the undersigned as Contractor; and 3) that he or she will accept as full payment therefor the following sums: BIDDING SCIIEDULE In case of discrepancy between words and figures, the words shall prevail. Item Quantity Description and Unit Price Bid Amount for Item No. 1. Lump Sum Surveying for the lump sum price of .($ ) $ i CAprojects\streets~prtpb.ext\¢xtspecs 57 Spec. No. 96-1 2. Lump Sum Testing and quality control for the lump sum price of ($ 3. Lump Sum Cleating and Grubbing for the lump sum price of ($ 4. Lump Sum Demolition for the lump sum price of 5. Lump Sum Subgrade Preparation for the lump sum price of _($ 6. 2107 CY (F) Roadway Excavation for the price per cubic yard of i 7. 2403 CY (F) Imported Borrow for Roadway Subgrade and Embsnkment for the price per cubic yard of _($ 51~.~. No. 96-1 $8 C:kpmjoctskairprtpb.¢xt\extspecs 8. 3760 Tons Class 2 Aggregate Base for the price per ton of .($. ) 9. 1005 Tons Type B Asphalt Concrete Surfacing for the price per ton of _($ ) 10. 322 LF Curb and Gutter for the price per linear foot of .($ ) 11. 20 LF 6" PVC Water Main for the price per linear foot of .(s. ) 12. 79 LF 8" PVC Water Main for the price per linear foot of .($. ) 13. 1140 LF 10' PVC Water Main for the price per linear foot of C: ~projec~s~a-eets~airprtpb. ext\¢xtspecs ~9 Spec. No. 96-1 14. 1830 LF 12" PVC Water Main for the price per linear foot of ($ i 15. 194 LF 12" Ductile Iron Water Main for the price per linear foot of ($ , 16. I EACH 6" Gate Valve for the price each of ($ 17. 3 EACH 8" Gate Valves for the price each of ($ 18. 3 EACH 10" Gate Valves for the price each of ($. 19. 6 EACH 12" Gate Valves for the price each of Spec. No. 96-1 C:~projects~b.¢xt\exl~uecs 20. 3 EACH 2" Blowoffs for the price each of .($ ) , 21. 55 LF 15" PVC Storm Drain for the price per linear foot of 22. 104 LF 18" PVC Storm Drain for the price per linear foot of (s. 23. 195 LF 36" Class 4 RCP Storm Drain for the price per linear foot of ($ ) 24. 50 LF 4" Electrical Underground Conduit for the price per linear foot of ($ ) 25. 165 LF 6" E]ectrical Underground Conduit for the price per linear foot of ($ ) C: \proj~ts\streets~irprtpb. cxt\ext3p~s 61 Spec. No. 96-1 26. Lump Sum Concrete Headwall for the lump sum price of (S. 27. 418 CY (F) Ditch Excavation for the price per cubic yard of .($ ) 28. 33 CY Rock Rip Rap Light for the price per cubic yard of .($ ) 29. 22 CY Rock Rip Rap 1/4 Ton for the price per cubic yard of iS ) 30. ? CY Concrete for ConcrctecI-Rocl~ Slope Proration for the price per cubic yard of (S ) · Spec. No. C: ~projectsV~-prtpb.ext\¢xtspecs 31. Lump Sum Pavement Striping and Marking for the lump sum price of ..._._~($, ) 32. 26 EACH Reflective raised pavement markers for the price each of .($ ) 33. 11 EACH Signs for the price each of ($ ) 34. 14 LF Street Barricade for the price per linear foot of , 35. 6 EACH Sand filled Modules for Crash Cushion for the price each of ($ ) C:\projects~-eets~izprtpb.ext~extspecs 63 Spec. No. 96-1 36. 3 EACH City Monuments for the price each of ,($ ) TOTAL AMOUNT OF BID I; In case of discrepancy between words and f~ures, the words shall prevail. We, the undersigned, further agree, if this proposal shall be accepted, to sign the agreemem and to furnish the required bonds with satisfactory surety, or sureties, within fifteen (15) calendar days after written notice that the contract is ready for signature; and, if the undersigned shall fail to contract, as aforesaid, it shall be understood that he or she has abandoned the contract and that, therefore, this proposal shall be null and void and the proposal guaranty accompanying this proposal, or the amount of said guaranty, .~h:~il be forfeited to and become the property of the City. Otherwise, the proposal guaranty accompanying this proposal shall be returned to the undersigned. Wimess our hands this day of ,19 . Licensed in accordance with an act providing for the registration of Contractor's License No. date , expiration THE CONTRACTOR'S UCENSE NUMBER AND EXPIRATION DATE STATED HEREIN ARE MADE UNDER PENALTY OF PERJURY. Signature of bidder or bidders, with business addresses: Notice: In the case of a corporation, give below the addresses of the principal office thereof and names and addresses of the President, Secretary, Treasurer. Spec. No. 96-I 64 C:~projects~'prtpb.ext\extspecs FAIR EMPLOYMENT PRACTICES CERTIFICATION TO: The undersigned, in submitting a bid for performing the following work by Contract, hereby certifies that he or she has or will meet the standards of aff'u'mative compliance with the Fair Employment Practices requirements of the Special Provisions contained herein. AIRPORT PARK BOULEVARD EXTENSION Specification No. 96-1 (Signature of Bidder) Business Address: Place of Residence: (The bidder shall execute the certification of this page prior to submitting his or her proposal.) C: \projects~streets~-prtpb. exfiextspecs Spec. No. 96-1 WORKEWS COMPENSATION CERTIFICATE I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or undertake self-insurance in accordance with the provisions of that code and I will comply with such provisions before commencing the performance of the work of this contract. Witness my hand this dayof ,1996 Signature of Bidder, with Business Address: C: ~projects~xeets~tirprtpb. cxt\¢xl3pecs 67 Spec. No. 96-1 CERTIFICATION OF NONDISCRIMINATION IN EMPLOYMENT The bidder represents that he or she or she has/has not, participated in a previous contract or subcontract subject to either the equal opportunity clause herein or the clause contained in Section 301 of Executive Order 10925; that he or she or she has/has not, filed all required compliance reports; and that representations indicating submission of required compliance prior to subcontract awards. Signature and address of Bidder: Date (This certification shall be executed by the bidder in accordance with Section 60-1.6 of the Regulations of the President's Committee on Equal Employment Opportunity for implementing Executive Orders 10925 and 11114.) C:~projectskntreets~airprtpb.ext~extspecs 69 Spec. No. 96-1 LIST OF PROPOSED SUBCONTRACTOR~ In compliance with the provisions of Sections 4100-4108 of the State Government Code and any amendments thereof, each bidder shall set forth (a) the name and location of the place of business of each subcontractor who will perform work or labor or render service to the Contractor in or about the construction site in an amount in excess of one-half of 1 percent of the total bid and (b) the portion of the work to be done by each subcontractor. C :~proj~s~ts~rprq~b.¢x~x~cs 71 Spec. No. 96-1 STATEMENT OF EXPERIENCE OF BIDDER The bidder is required to state below what work of similar magnitude or character he or she or she has done and to give references that will enable the City Council to judge of his or her experience, skill and business standing and his or her or her ability to conduct work as completely and rapidly as required under the terms of the contract. C:\projects\streets~tirprtpb.¢xt\extspecs 73 Spec. No. 96-1 SIGNATUREfS} OF BIDDER Accompanying this proposal is (insert the words "cash ($)", "cashier's check" or "bidder's bond", as the case may be) in an amount equal to at least 10 percent of the bid. The names of all persons interested in the foregoing proposal as principals are as follows: IMPORTANT NOTICE: If bidder or other interested person is a corporation, provide the legal name of corporation and also the names of the president, secretary, treasurer and manager thereof. If a co- partnership, provide the true name of firm and also the names of all individual copartners composing the f'um. If bidder or other interested person is an individual, provide the first and last names in full. Licensed in accordance with an act providing for the registration of Contractors: License No. . Signature(s) of Bidder: NOTE: If bidder is a corporation, the legal name of the corporation .~h~ll be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a co-partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts in behalf of the co-partnership; and if bidder is an individual, his or her signature shall be placed above. If a member of a parmership, a Power of Attorney must be on file with the Department prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized. Business address: Place of residence: Dated C:~projects~streets~airprtpb.ext\extspecs 75 Spec. No. 96-1 CITY OF UKIAH Mendocino County, California BIDDER' S BOND KNOW ALL MEN BY THESE PRESENTS, , as PRINCIPAL and are held and firmly bound unto the City of Ukiah in the penal sum of 10 PERCENT OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of Uldah, as the case may be, for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, to the City Clerk to which said bid was submitted, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of $ THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the above-mentioned bid to the City of Uldah, as aforesaid, for certain construction specifically described as follows, for which bids are to be opened at the Office of the City Clerk, Uldah Civic Center, Uldah, California, on April 23, 1996 for Airport Park Boulevard Extension Specification No. 9641. NOW, THEREFORE, If the aforesaid Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him or her for signatures, enters into a written contract, in the prescribed form, in accordance with the bid and fries two bonds with the City of Ukiah, one to guarantee faithfixl performance and the other to guarantee paymem for labor and materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 19 ~day of ,A.D. ~Seal) .(Seal) Principal ~Seal) .(Seal) .(Seal) Surety ~Seal) Address: C:\projects\streets~irprtpb.exfiextspecs b~,e. No. 96-1 NON-COLLUSION AFFIDAVIT Note: Bidder shall execute the affidavit on this page prior to submitting his or her bid. To City Council, City of Ukiah: The undersigned in submitting a bid for performing AIRPORT PARK BOULEVARD EXTENSION Specification No. 96-1 by contract, being duly sworn, deposes and says: That he or she has not, either directly or indirectly, entered into any agreemcm, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract. Business Address: Signature(s) of Bidder Place of Residence: NOTARIZATION Subscribed and sworn to before me this ~day of ,19 Notary Public in ~ for the County of My Commi.ssion Expires , ,19 · Slate of C~fomia. C:\projects~u~ets~,prtpb.ext\extspecs 79 Spec. No. 96-1 CITY OF UKIAH Mendocino County, California AGREEMENT FOR AIRPORT PARK BOULEVARD EXTENSION Specification No. 96-1 THIS AGREEMENT, made this ~ day of Mendocino County, California, hereinafter called the City and ,19 , by and between the City of Ukiah, hereinafter called the Contractor, WITNESSETH: WHEREAS, the City has caused to be prepared in accordance with law, specifications, drawings and other contract documents for the work herein described and shown and has approved and adopted these contract documents, specifications and drawings and has caused to be published in the manner and for the time required by law a notice to bidders inviting sealed proposals for doing the work in accordance with the terms of this contract and WHEREAS, the Contractor, in response to the notice to bidders, has submitted to the City a sealed proposal accompanied by a proposal guaranty in an amount of not less than 10 percent of the bid price for the construction of the proposed work in accordance with the terms of this contract and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the proposals submitted and as a result has determined and declared the Contractor to be the lowest and best regular responsible bidder for the work and for the sums named in the proposal, NOW, THEREFORE, THIS AGREEMENT WITNESSETH: Article 1. Work to be Done and Contract Days Allowed. That the Contractor shall provide all necessary machinery, tools, apparatus and other means of construction; shall fumhh all materials, superintendence, overhead, expenses, all labor and expenses of whatever nature necessary for completion of the work in conformity with the Special Provisions and other contract documents hereto attached and according to such instructions as may be given by the Engineer. The Contractor shall complete the designated portions of the work for partial acceptance by the City prior to July 31, 1996 and that portion not required for completion prior to July 31 shall be completed prior to August 30, 1996, said portion .being as described in the "Instructions to Bidders". In no event shall the Contractor start work without giving notification to the Engineer at least 72 hours prior to the start of work, without obtaining an encroachment permit from the City, or without having submitted certificates of insurance that have been accepted and approved by the Engineer. Anicl~ II. Contract Prices. That the City shall pay the Contractor the prices stated in the 'proposal submitted by the Contractor, for complete performance of the contract by the Contractor. The Contractor hereby agrees to accept the prices as full compensation for all material and appliances necessary to the work, for all labor and use of tools and other implements necessary to execute the work contemplated in this contract; for all loss or damage arising out of the nature of the work or from the action of the elements, or from any unforeseen obstructions or difficulties which may be encountered in the prosecution of the work; for all risks of every description connected therewith; for all expenses of the work, as herein C:~proj~ts~t~ts~rprtpb.exr~xtspecs 81 Spec. No. 96-1 specified; for all liability and other insurance, for all overhead and other expenses incident to the work; all according to the contract drawings, the special provisions, the details, the instructions and the requirements of the City. Article III. Labor Discrimination. Attention is directed to Section 1735 of the Labor Code, which reads as follows: 'No discrimination shall be made in the employment of persons upon public works because of the race, color, national origin or ancestry, or religion of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter.' In connection with the performance of work under this contract, the Contractor agrees as follows: (a) The Contractor will not willfully discriminate again.~t any employee or an applicant for employment because of race, color, religion, ancestry, or national origin. The Contractor will take affu-mative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, ancestry, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the awarding authority setting forth the provisions of this Fair Employment Practice section. (b) The Contractor will send to each labor union or representative of workers with whom he or she has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the awarding authority, advising the said labor union or worker's representative of the Contractor's commitments under this section, to employees and applicants for employment. (c) The Contractor will permit access to his or her records of employment, employment advertisements, application forms and other pertinent data and records by the Fair Employment Practices Commission, City of Ukiah or any other appropriate agency of the State of California designated by the awarding authority, for the purposes of investigation to ascertain compliance with the Fair Employment Practices section of this contract. (d) A finding of willful violation of the Fair Employment Practices section of this Contract or of the Fair Employment Practices Act shall be regarded by the awarding authority as a basis for determining the Contractor to be not a 'responsible bidder' as to future contracts for which such Contractor may submit bids, for revoking the Contractor's pre-qualification rating, if any and for refusing to establish, reestablish or renew a pre-qualification rating for the Contractor. The City of Uldah shall deem a finding of willful receipt of written notice from the Fair Employment Practices Act to have occurred upon that it has investigated and determined that the Contractor has violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429. Upon receipt of such written notice fi'om the Fair Employment Practices Commission, the City .~hall notify the Contractor that unless he or she demonstrates to the satisfaction of the awarding authority within a stated period that the violation has been corrected, his or her pre-qualification rating will be revoked at the expiration of such period. (e) The Contractor agrees that should the City determine that the Contractor has not complied with the Fair Employment Practices section of this Contract, then pursuant to Labor Code Section 1735 and 1775 the Contractor shall, as a penalty to the City, forfeit for each calendar day or portion thereof, for each person who was denied employment as a result of such noncompliance, the penalties provided in the Labor Code for violation of prevailing wage rates. Such monies may be recovered from the Contractor. The City may deduct any such damages from any monies due the Contractor. Spec. No. 96-1 C: yrojects~'prtpb.ext~extspecs (f) Nothing contained in this Fair Employment Practices section shall be construed in any manner of fashion so as to prevent the City or the State of California from pursuing any other remedies that may be available at law. (g) Prior to awarding the Contract, the Contractor shall certify to the awarding authority that he or she has or will meet the following standards for affirmative compliance, which shall be evaluated in each case by the awarding authority: (1) The Contractor shall provide evidence, as required by the City that he or she has notified all supervisors, foremen and other personnel officers in writing of the content of the anti-discrimination clause and their responsibilities under it. (2) The Contractor shall provide evidence, as required by the City, that he or she has notified all sources of employees referrals (including unions, employment agencies, advertisements, Department of Employment) of the content of the anti-discrimination clause. (3) The Contractor shall file a basic compliance report, as required by the City. Willfully false statements made in such repons shall be punishable as provided by law. The compliance report shall also spell out the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire. (4) Personally, or through his or her or her representatives, the Contractor shall, through negotiations with the unions with whom he or she has agreements, attempt to develop an agreement which will: a. Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and training. b. Otherwise implement an a.Wu'mative anti-discrimination program in terms of the unions' specific areas of skill and geography to the end that qualified minority workers will be available and given and equal opportunity for employment. (5) The Contractor shall notify the City of opposition to the anti-discrimination clause by individuals, firms or organizations during the period of its pre-qualification. The Contractor will include the provisions of the foregoing paragraphs 1 through 5 in every first tier subcontract so that such provisions will be binding upon each such subcontractor. (i) The "Fair Employment Practices Certification' must be completed and signed at the time of submitting the bid. C:~aroj¢ctsksmmts~-prtpb.¢xt~xtspecs 83 Spec. No. 96-1 Article IV. Parts of the Contrach That the complete contract consists of the following documents, all of which shall be considered a pan of this agreement. . 2. 3. 4. 5. 6. ?. 8. 9. 10. 11. Notice to Bidders Wage Scales General Conditions Technical Specifications Proposal Fair Employment Practices Certification Agreement Contract Bonds Contract Drawings and Construction Details Standard Drawings Indemnification Agreement IN WITNESS WHEREOF, this contract being executed in duplicate and the parties having caused their names to be signed by authority of their duly authorized office this ~ day of , 19 . CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA By: Attest: MAYOR, CITY OF UKIAH CITY CLERK, CITY OF UKIAH By: Attest: Title: CONTRACTOR The foregoing contract is approved as to form and legality this day of ,19 . CITY ATTORNEY, CITY OF UKIAH Spec. No. 96-1 C:~rojecu~h'prtl~.ext\ext3pecs · INDEMNIFICATION AGREEM'F. NT This Indemnification Agreement is made and entered in Ukiah, California, on , 19 , by and between the City of Ukiah ("Ukiah") and ( "Contractor" ) . Contractor is for Ukiah. As a condition of issuing the work order, attached hereto, Ukiah requires assurance that Contractor will protect Ukiah from damage or damage claims which arise from its performance of the work. Accordingly, Contractor agrees as follows: 1. Indemnification. Contractor shall indemnify and hold harmless Ukiah and its officers, agents, and employees from and against any claim, loss, or d~age, including the legal and other costs of defending against any claim of damage or loss which arises out of the Contractor's negligent or wrongful performance under the work order attached hereto, except for claims, losses, or damages resulting from the sole and exclusive negligence or other wrongful conduct of Ukiah or its officers, agents, and employees. CONTRACTOR By: Title: 3:PP.R~IHDF. M CI-7 ,,i . CERTIFICATE OF INSURANCE ,, City of Ukiah (the "City") Department of Enofneeripq THIS C~R~;ICAI[ OF INSURANC~ IS NOT AH INSURANCE POLICY AND DOES NOT AMEFO PRODUCER EX1TND OR AL1TR THE COVERAGE AFFORDED 1¥ TH~ POUOES BELOW. B COMPANIES RATING COMPANY · ,m, A , __ COMPANY m' ' INSURED LITTER , __ COMPANY COMPANY trm~ D., · COMeANY t[m~ E 11#$ IS ?O CERTIFY ?IIA! THE POLICIES or INSURANC~ tl$1~D 8EtOW HAVE 8[[N ISSUED ~O 1tte INSUI~D NAMED ABOV~ FOR TH[ POI, ICY PERIOD INDICAIED. NOTWlTHSTANEXNG ANY REQUIREM[N?, 1[ILM OR COND~llON OF ANY CONTRAC1 OR OTltER DOCUMENT WITH I~$PECT TO WHICH THIS CERTIFICATE MAY 8[ ISSUED OR MAY PERTAIN. 1HE INSUII. ANC~ ~¥ TIlE POUCIL5 D[$CRIB~D HER~IN I$ SUBIECT 10 ALt THE TERMS. EXC3.U$1ON$ AND CONDitIONS OF SUCH POLICIES. UMIT$ SHOWN MAr HAVE aEEN REDUC2D I1' PAID CLA/M$. [I1 1~1~ o wsa~ P~'Y I~BII F~KT t/flCt~ PO~ OAll (MM/DOllY) I)AT! (Idld ~C~)~'1') ~ Ui4TI IN GENEIAt L~M~I~ CEN[~iL AC~I[C~11. $ 13 COMMIICIAL GENUAL UAIIUTY ,,,elOOUC1$.cOMp/op$ ACClIGA11. O OYeS i COe~tlAC1~'S riOT, L~ OCCURKENCE, $ O OTHLK Yll~ OA~E (A~ em ~rt) ~ S AU~OM~I R~ UA1 [fry COMIINEO D ANY AUTO SINGIl UMIT 0 ALL OWNED AUTOS BODILY INIURY I 13 ~.HEDULED AU10$ (Pe~ O Ham AUTOS ' IOcxLY I~U~ B I I . · a NO~LOgV~O AUIOS , (Pa 0 C4JU~ UAIILII~ I' , , PIOPLqTY DAMAGE $ i I~CUS UAJlUlT EACH OCCURRENC~ a UMI IELLA C) Ol)rdl THAN Uldllll LA FOItd AGGREGAT~ ' ,. i 0 WOim'SCOM~U~SArIO~ I STAI~TORY AXD LAOt ACOOLH! I lU~LCr~IS' L~T~ OlSLASr}OUCY UI~IIT , , OfSLAS~-LAOf UaPLOYEt PROPEJITY IN~URAHC! O COUM[ O~ CON$11UCl~N AMOUNT O~ INSUIU~CE $ OU431iFi-~,l O; OP[IIAT~ONN'LOCAIION~YIJ. IICUJIIIL%'~k.-i-iON~/$PKIAL ~ .. TI-IE FOLLOWING PROVISIONS APPLY: I. N~ne e! lhe ~bave..desc~ polkies ~11 be cmctle4 unlil ~le~ ~0 d~l' ~ttttm mlkt h~ been ~ le the C#y M the ~ld~e~ tna'ic~ below. 2. The CMy, IU oflkbls, o/IkeeL employees end ~)lun~t~n Ire added ~s tmmeds off iii liabilit), Immmce policies t~ed above. 3. It is ag,ced II~t are/imurance or se#Jmurmnce maimiined by the Cdy ,,m a~y ~ uceu d,,~,~ comibu~e wi~h, the insurance clesuibed above. 4. The City is mined a loss payt~ on the properly insufa~e policies ducfibed above, i~ my. S. Al I eights o! subrogation under the ~oped), insufmce policy listed ibov~ hav~ been wi/yeti l(~lins( Ihe C~y. i. The wofkers' compensation Insurer nlm~d Ibove. if In)', agrees Io wlivl iii rights of subrogation Igiinst the City for injuries lo emplo),ees ol the imured tesul~mg horn wMk fm Ihe C#y o~ use o/Iht Ot)/s pfeff~su m h~ilk~ i CERTIFICATE liOLDER/ADDITIONAL INSURED AUTIIORIZED REPRESENTATIVE (CITY) SIGNATURE TITLE PHONE NO. Rev. 1193 , , CI-1 ~NDORSEM£NT NUMB£R: ISO FO~tM CC 20 10 22 65: (HODIFI£D! COMM~I~CIAL CRNEIIAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-- OWNERS, LESSEES OR CONTRACTORS ( FORM B ) This endorsement modifies insurance provided under the following: CO~IMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Organization (If no entry appears above, the information required' to complete this endorsement will be shown in the Declarations as applicable to this endorsement. ] WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. M_odifications to ISO .form CG 20 10 ll 85: 1. The insured scheduled above includes the Insured's officers, officials, employees and volunteers. 2. This insurance shall be primary as respects the insured shown in the schedule above, or if excess, shall stand in an unbroken chain of cover- age excess of the Named Insured's scheduled underlying primary coverage. In either event, any other insurance maintained by the Insured scheduled above shall be in excess of this insurance and shall not be called upon to contribute with it. 3. The insurance afforded by this policy shall not'be canceled except after thirty days prior written notice by certified mail return receipt requested has been given to the City. Signature-Authorized Representative Address ,, CG 20 10 11 85 Insurance Services Office, Inc. Form (Modified] AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT ~o.~E~o.' FOR ,, City of UKiah (the "City") PRODUCER POLICY INFORMATION: Policy No~ P~ P~ prom) (to) LOSS ~US~ ~NSE ~ ~ in L~ ~ In ~tbn to i TW ~ ~~ ~ S~r~ M~ (c~ ~) of S , , NAMED INSURED ' APPLICABILITY. ~k b~e ~to We ~mM IM~M tenih~e t~ ~ ~K ~~ ~ ~m~ dh I~ ~ty ire co~: ~PE OF INSURANCE OTHER PROVISIONS CO~ER~ A~O ~LI~ O~R ,, , LIMIT OF LIABILI~ C~IMS: ~~,,~~ ~ c~,~,~ ~o ~s ~,. , , i In consideraUon of the p~mium ~lrg~ I~ ~~nding ~y ~ombtent s~t~t ~ t~ ~ to ~ ~b e~o~ement is at~ch~ or any en~t~ment I. INSURED. The Ci~, i~ olF~, o[~lb, ~o~ I~ ~lunteen ate ~d~ u ~ur~ ~lh t~atd to dlmlg~ I~ defense o~ cbims arhing horn: the o~hip operat~n, mlinlenl~e, use, ~ldi~ or un~i~ of ~y lulo oK, k~, ~ or ~ff~d ~ I~ Hl~ Imured, or for ~h ~e Nlmff Imutff is tu~mib~. 2. CO~TRIB~ION NOT REQUIRED. ~ t~pecU work peffo~ed by the Named Imut~ for or on behaff of the City, t~ ~suti~e ilfotd~ by Ihis policy shall: p~iml~ insurance as ~pec~ the Ci~, iU oll~s, olfictils, employ~ and volunleers; or (b) sta~ ~ in unbroken ~in ol co~t~ge exc~s of the Nam~ Imur~'s ptima~ coverage. Any insurance or sell-insurance mainlaJned by the Ctly, i~ ollice,, oll~iab, employeu and volunlee, shall be excess ol the Named Insured'~ im~a~e and ~t cont~bule ~(h iL 3. ~C~TION ~O~CE. ~ ru~ to ~ int~ub of t~ Ci~, ~b ~suri~e ~dl ~t ~ c~ceH~, except ~1~ ~ (30) da~ prior ~llen ~t~e ~ hu b~n g~en to Ihe Cily. 4. SCOPE OF CO~GE. Thh ~li~ alfords cov~ it kut is ~oad u: (1) If primal, Imu~e ~c~ OWKe f~m ~m~t CA~I ~d. 1~8~, C~e 1 ('l~ lulo'); or (~) If exc~s, affor~ corette ~ b at kutu broad u ~e ~ima~ ~sura~e forms rel~ ~ I~ ~K~l~ s~l~n (1). Except u s~t~ abo~ ~thing ~rein ~dl ~ he~ lo w~, aller ~ ext~ a~ of ~ HmiU c~di~ns, ~r~menU or exc~siom ol lhe policy to ~ thh b at~. EHDORSEME~ HOLDER , .. I (pfint/~pe name), wi.ant thlt I have authority to bind the Ib~e-~nU~ed insurance complny and by h~ do so bhd t~ ~lny to t~s ~emenL * ,, Tele~: ( ) Date S~ned. ii i i i i WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY SPECIAL ENDORSEMENT FOR City of Ukiah , PRODUCER Te~phone NAMED INSURED CLAIMS: Unc~vr~s ~lxesentative Im c¼ims pursuant to this insurance. N~me: Tdep~,m: ( ) (the 'City') SUBMIT IN DUPLICATE POLICY INFORMATION: inwmnce Cempany: ~rmj, No.: (to) OTHER PROVISIONS EMPLOYERS LIABILITY LIMITS " S (F.,K:h ~:cJc:l~) S (DisMse - Pot, c). Limit) $ (DiseAse - [.d~ In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which thb endorsement is attached or any endorsement now or hereafter attached thereto, it is agreed as Ioliows: I. CANCELLATION NOTICE. Thb Insurance shaft not be cancelled, except after tl~rty (30) drys prim written noUce by receipted delivery has been given lo Ihe City. 2. WAJV~R OF SUBROGATION. This Insurance Company agrees to waive all rights of subrogation against the City, its officers, officiab, employees and voluntee~ for losses paid under the terms of this policy which arbe from the work performed by the Named Insured for the City. Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, condiUons, agreemenU or exclusions of the policy to which this endorse. merit b atfJched. ENDORSEMENT HOLDER CITY ItEV. I/t3 AUTHORIZED 13 BmkeriAgent 13 Unden~lter !-1 REPRESENTATIVE I (print/type name), warrant that I have authority to bind the above.mentioned insurance company and by my signatme hereon do so bind thb company to thb endorsement. Signatme Telephone: ( ) Date. Signed. ,' CI-6 CITY OF UKIAH Mendocino County, California FAITHFUL PERFORMANCE AND PAYMENT (MATERIAL AND LABOR~ BOND KNOW ALL MEN BY TItF_,SE PRESENTS, that we the undersigned, , AS PRINCIPAL, and , AS SURETY, are held firmly bound unto THE CITY OF UKIAH, hereinafter called the "City", in the penal sum of dollars ($ ) for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. WHEREAS, the Principal has entered into a certain Contract with the City, dated a copy of which is hereto attached and made a part hereof, ,19 , NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the prosecution of the work under the Contract, in default of which such persons shall have a direct right of action hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification, extension, or forbearance is hereby waived. IN WITNESS WtlEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals hereto, this day of ,19 . In the presence of: (SEAL) Ondividual Principal) (Business Address) (City/State/Zip Code) (Corporate Principal) (SEAL) (Business Address) (City/State/Zip Code) (Corporate Principal) Afl'tx Corporate Seal (Business Address) (City/State/Zip Code) A'ITEST: (Corporate Surety) Affix Corporate Seal (Business Address) (City/State/Zip Code) The rate of premium on this bond is $ per thousand. The total amount of premium charges is $ .. (The above is to be f'flled in by Surety Company). (Power of Attorney of person signing for Surety Company must be attached). (CERTIFICATE AS TO CORPORATE PRINCIPAL) I, , certify that I am the Secretary of the corporation named as Principal in the foregoing bond; that , who signed the said bond on behalf of the Principal, was then of said corporation; that I know his signature, and that his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of its governing body. Affix Corporate Seal . 3, o o 9. 10. 11. 12. DIRECTIONS FOR PREPARATION OF PERFORMANCE AND PAYMENT BOND Individual sureties, partnerships, or corporations not in the surety business will not be acceptable. The name of the Principal shall be shown exactly as it appears in the Contract. The penal sum shall not be less than required by the Specifications. If the Principals are parmers or joint venturers, each member shall execute the bond as an individual and state his place of residence. If the Principal is a corporation, the bond shall be executed under its corporate seal. If the corporation has no corporate seal, it shall so state and affix a scroll or adhesive seal following the corporate name. The official character and authority of the person(s) executing the bond for the Principal, if a corporation, shall be certified by the Secretary or Assistant Secretary thereof under the corporate seal, or copies attached to such records of the corporation as will evidence the official character and authority of the officer signing, duly certified by the Secretary or Assistant Secretary, under the oorporate seal, to be true copies. The current power-of-attorney of the person signing for the surety company must be attached to the bond. The date of the bond must not be prior to the date of the Contract. The following information must be placed on the bond by the surety company: a. The rate of premium in dollars per thousand; and b. The total dollar amount of premium charged. The signature of a wimess shall appear in the appropriate place attending to the signature of each party of the bond. Type or print the name underneath each signature appearing on the bond. An executed copy of the bond must be attached to each copy of the Contract (original counterpart) intended for signing. CITY OF UKIAH Mendocino County, California DEFECTIVE MATERIAL AND WORKMANSHIP flVIAINTENANCEI BOND KNOW ALL MEN BY THESE PRESENTS, that we, and are held and firmly bound unto the City of Ukiah as Obligee, in the penal sum of ($ ), (5 PERCENT OF THE TOTAL AMOUNT OF THE BID) to which payment well and truly to be made, we do bind ourselves, our and each of our heirs, executors, administrators successors and assigns jointly and severally, £u'mly by these presents. WHEREAS, the said Principal entered into a Contract with the City Of Ukiah dated for WHEREAS, said Contract has been completed, and was approved on the ~ day of NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall guarantee that the work will be free of any defective materials or workmanship which become apparent during the period of one (1) year following completion of the Contract, then this obligation shall be void, otherwise to remain in full force and effect, provided however, any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only, and the surety assumes no liability for such a guarantee. Signed, sealed, and dated this dayof ,19 . BY: .(Seal) (Seal) Principal .(Seal) (Seal) BY: (Seal) (Seal) Surety APPENDIX "A" Airport Park Boulevard Extension 101 120 130 305 307 309 311 312 320 420 City of Ukiah Standard Drawings Score Mark Details for Sidewalk, Curb, Curb and Gutter Street Name and Stop Sign Detail Barricade Detail Fire Hydrant Lateral Gate Valve and Valve Box Detail Water Main Deadend - Blowoff Thrust Block Areas Required Thrust Block Locations Trench Detail for Water Line Trench Detail Storm Drain Pipe ~XPA IV SION SO' lO ' See STD. Ot~G. NO. I0~.) I. We~henod Plane- .I/.~" W/de a I' Deep In ILO" W/de a I. IIR ' Oeep in cur'b Dad futter. (IOr on center) R. Ezpanoion Jo/nfo - Materiel to be I/~ ~ fh/c~ pcumolded edjocen~ lo the ~urb and ~uf~er, unle~ otherwise directed by · . Score Mocks- In a/dewel~ ~' on cenfe~. In aidewol~ wal~. In acmes with mxtmling o/demo/h, mcocm me~ka mx/ml/n~, or mh~ll meet the ~pprov~l of the City 4. Cloture ~" conc~elm mhell be umed. .~tch bas/ns f~om boc~ of curb fo boc~ of s/dewalt. CITY OF UKIAH SCORE MARK DETAILS .FOR SIDEWALK, CURB, CURB & GUTTER is..,.: .o.. io,....,:.,i~~.f,..- .L~/i~"-'- '"'- l°'t':'-":" l"..'..,:.-~_---,-~--~ ., NOTES. I. 2. . U~,e Caltrans RI sign I. 30" .__1 I0 white Series C r- ~'~.~ -I letters on 30" i''----~'' ....1~ red octagon _ L__ _~ .'r. .... ~ ~ F ,/'-~ -, -I~ % /, I/ ", I %, I · STREET NAME sign (see no~e 2) 2*" Diameter STANDARD GALV PIPE RU.E. varies 36" min. clear space (see note 4) FINISHED GRADE Back of S/W t 3 1/2" / · · · · · , liB" ~ss concrete :3 . . (see note 3) '-- 14" -' SIGN LOCATION TO BE DETERMINED BY CITY ENGINEER· NAME PLATES AND MOUNTING ASSEMBLIES TO MEET THE REQUIREMENTS OF THE CITY ENGINEER. WHEN SIGN POST IS LOCATED IN SIDEWALK, USE CEMENT-TREATED SUBBASE AND TAMP. SIGN POST MAY BE LOCATED NEAR BACK OF SIDEWALK OR WITHIN ADJACENT P.U.E., WHEN 36" CLEAR SPACE IS NOT POSSIBLE. CItY OF UKIAH STREET NAME E~ StOP SIGN DETAIL ,-,..,. , TYPE N-4 SIGN 4"X 6" PRESSURE TREATED FIR POSTS. · 2- I/2" GALVANIZED BOLT S _NOTE: BARRICADE COATS WHITE · 9 ' MIN. SHALL RECEIVE PAINT. 6~! FIR CONCRETE TWO CITY 0 F KIAH SCOII: BARRICADEDETAIL ^ppro,,4 B 130 TO 20" TO ~.. SECTION $" 8u~' sEc~'lotv · · · · · · · · 6" GATE see below end STD. DI~. 307 6"PVC AWWA C900, or ol~roved equol VALVE BOX ~ RISER-see below end STD. DRG. $07 TEE r~vfcusr 8~oc~r,txr~/vo ro u#o/s. ~.~$ ru~a&o ~ouNo FLANGE C~NECr/~ (SEE STD. DR~ ~11) C~CRE~E P~D I ~ ~/N GATE VALVE: VALVE BOX: FIRE HYDRANT: AMERICAN DARLING CRS OR APPROVED EQUAL. REFER TO STD. DRG. 307 FOR CONSTRUCTION DETAILS. CHRISTY GS, or opproved equol. Specify two(Z) 2-1/2" hose outlets ond one(I) 4-1/2" steomer outlet when ordering. Use the following types; JONES J-3760, RICH N0.76 or equols specificolly opproVed. 6" curb 4 I/'z"~te~mer NOTES I. WHEN HYDRANT IS AT STREET CORNER, PLACE 14"- 18" INSIDE CURB RETURN. 2. FOR LOCATION IN PLANTER STRIP~ CENTER F.H. IN 4" CONCRETE SLAB, ,48"L x WIDTH OF.STRIP. 3. APPLY A SINGLE, FULL STRENGTH COAT OF PAINT TO ENTIRE HYDRANT_, PREVENT I:~INT FROM ENTERING THE TREADS AT OUTLET CAPS. USE FULLER 0 BRIEN BRAND, GLOSS WHITE OIL BASE P~INT (STOCK #$12-91); RUST-O-LEUM BRAND, {STOCK ~769Z); OR AN APPROVED EQUAL. PLAN VIEW % \ \ CITY OF UKIAH FIRE HYDRANT LATERAL fo leak Dr*w. If: IL If: III? R*~,i.I :T-lO 305 ~OTES I. GATE VALVES SHALL BE OF THE TYPE, RESILIENT SEAT WITH MODIFIED WEDGE, AND SHALL MEET AWWA 509-87 STANDARD. USE AMERICAN DARLING CRS OR APPROVED EQUAL. 2. VALVE BOXES SHALL BE SET FLUSH WITH FINISH STREET GRADE. BOX COVER SHALL INDICATE "WATER" ON TOP. VALVE BOXES SHALL BE CHRISTY G-St OR APPROVED EQUAL. ~,. VALVE CONNECTIONS SHALL BE PUSH-ON WHEN USING AWWA C900 PVC PIPE. CONNECTIONS SHALL BE MECHANICAL JOINT FOR PIPE OTHER THAN PVC. ~.VE BOX ~ F · ! ~ ~"to e" ~" PVC GATE VALVE MAIN WATER MAIN BARS. PAD CITY OF UKIAH GATE VALVE AND VALVE BOX DETAIL CHRISTY BOX B-.q W/METAL LID /IV ROADWAY 2"P41.15 2"GATE VALVE GRADE GALVANIZED PIPE TAPPED IJ TEMPORARY THRUST BLOCKING, AS APPROVED BY THE CITY SHAI. L BE ALLOWED ON TEMPORARY DEAD- ENDS. ~ PERMANENT DEAD-ENDS ~HALL BE CONCRETE THRUST ~I. OCKED. CITY OF UKIAH WA TER MA IN Icale: N~ Io~ ~:~lA~oved ~ :~ :~ i owl~ -,.:,~,,., !,.,...,, .I~,P~~,,,,I 3~ i , REQUIRED AREA IN SQ. FT. PIPE TEE 90' 45° 22 1/2° II I/4°e ,, SIZE DEADENDS SEND BEND BEND BEND VALVE 4" 3 4 2 I I 2 6" 6 9 5 2 2 4 8" II 16 8 4 2 7' 6 3 . 12" 26 37 20 I0 5 15 * For bends less than II I/4°, use thrust areas shown for II I/4'~unless otherwise approved by the engineer. NOTES Thrust Blocking Table calculated for soll bearing copicify of 1,000 Ibs./sq. ft. and 175 lbs./sq, in. test pressure. Any greater soil bearing capicify than 1,000 lbs./sq, ft.,shall be determined by an engineer, and approved by the City. Concrete blocking shall be Class B concrete 2,000 lbs./sq, in.. Concrete blocking,cast in place,to extend from bells of fittings lo undisturbed ground. For plugged leg(s) of tee or cross with 90" flow pattern,use data I~sted for 90' bend. CITY OF UKIAH Drowln! No. WYE TEE OFFSET VALVE CITY Of UKIAH 77'IRUST BLOCK I..OC,4T/OIV$ Scole.' No~ Drown By.~N D~owing No. ~,,.: ,/~G/?, ...,,.,; 312 i i iii ! iii TRENCH IN STREET RIGHT OF WAY TRENCH OUTSIDE STREET RIGHT OF WAY EXISTING PAVING 2" MINIMUM TYPE B- I/'~" MEDIUM-1 ASPHALT CONCRETE / VERTICAL SAWCUTi TACK'-I EDGES WITH ASPHALTIC! EMULSION RS- I / CLASS IT AGGREGATE BA~E iRECTI,~)N TO MATCH EXISTING 12 MIN. WHICH EVER IS GREATER 950/0 RELATIVE COMPACTION. · I'RirFTS UNDER CONSTRUCTION SEE NOTE 4 SUEIGRADE ~ TRENCH BACKFILL(SEE NOTE UNIMPROVED AREAS --$0" NATIVE MATERIAL (SEE NOTE 6) NATIVE OR IMPORT MATERIAL RELATIVE COMPACTION UNPAVED AREAS CLASS Tr AGGREGATE BASE UP TO F IN I SH GRADE, PLACE TRENCH BACKFILL PER NOTE I MPROV£O AREAS TRENCH BACKFILL (SEE NOTE 5) £d PIPE BEDOING (SEE NOTE 7) WATER PIPE ORAIN ROCK FOR UNSTABLE TRENCH (SEE NOTE 3) NOTES: -- si[ .o~[ a I. When exco~otion is in rocky ground, use the greoter of I/4 pipe o.d. or 4"minimum. 2. For 18" dio~ pi~ ~ less, use minimum, 9" me~um; for greeler thon 18 dle. use 9" minimum~ 12 mo[imum. ~. For unstobe trench provide droin rock for width of trench~ ~h ~ specified on the ~mprovement plons or bx the engineer. 4. New street section per ~mprovem~t plons. 5. Trench bockfill~ 95% relotive compocti~, within ~0' of finish grode. R~oining Sieve size % possi~ ~fill~ 90% relotive c~poction. 5/4" 95 % No. 4 65 % mira No. I00 15 % 6. Bockfill with native m~eri~l removed fr~ up~r 30", 85~ relotiv~ compoction. 7. Pipe bedd~g, ~ relotive compoct~. e Sieve size % ~ssin9 ~4" ~ - I~ % Ho. 4 ~ - I00 % ' 8. Compoctlon: h~d ond ~chonicol tomping ' in 8" moxlm~ lifts. CITY OF UKIAH TRENCH DETAIL FOR WATER LINE ISeele: rio tcale [o,.w. ly:MLlie~.e, ed 17: d/./~ lc),'e,,t,,e Ne. toe,e: P L , iL I 32o TRENCH IN STREET _TRENCH OUTSIDE STREET · RIGHT OF WAY ,., EXISTING PAVING 2" MINIMUM TYPE B- I/2"' ASPHALT CONCRETE, VERTICAL SAWCUTi TACK"'"! EDGES WITH ASPHALTIC/ EMULSION RS-I. CLASS1T AGGREGATE BASE SECTI,ON TO MATCH EXISTING OR 12 MIN. WHICH EVER IS GREATER COMPACTION. STREETS UNDER CONSTRUCTION SEE NOTE 4 SUBGRADE TRENCH BACKFILL(SEE NOTE UNPAVED AREAS CLASS Tr AGGREGATE BASE UP TO FINISH GRADE, PLACE: TRENCH BACKFILL PER NOTE RIGHT OF WAy UNIMPROVED AREAS NATIVE MATERIAL (SEE NOTE 6) NATIVE OR IMPORT MATERIAL RELATIVE COMPACTION IMPROVED AR[AS TRENCH BACKFILL (SEE NOTE 5) d PIPE BEDDING (SEE NOTE 7) STORM DRAIN PIPE DRAIN ROCK FOR UNSTABLE TRENCH (SEE NOTE 3) NOTES: -- SEE #OTE E I. When excavation is in rocky ground, use the greater of I/4pipe o.d. or 4"minimum. 2. 'For 18" diameter pipe~ or less, use minimum, maximum; for greater than 18" dlo. . use 9" minimum~ 12-maximum. 3. For unsfobe trench provide drain rock for width of trench~ ~h os specified on the improvement plans or by the engineer. 4. New street section per improvement plans. 5. Trench bockfill~ 95% relative compaction, within ~0" of finish grade. R~oining Sieve size % possi~ ~fill, 90% relative compaction, 5/4" 95 % No. 4 65 % min. No. I00 15 %mae 6. Backfill with native m~eriol removed k~ upper 30"~ 85% relative compoctlon. 7. Pipe bedding, 90% relative compaction. · Sieve size % passing ,, 3/4" 95 - I00 % No. 4 55- I00% 8. Compaction: hand and mechanical tamping in 8" maximum lifts. CITY OF UKIAH. TRENCH DETAIL STORM. DRAIN'- PIPE:, ".- ' sc.le:nolcole l~.-.ly:MLlae~.d ly: ~/~ il)~-~l Ne. I I"""": I 420 ! APPENDIX "B" Airport Park Boulevard Extension STREAM BED ALTERATION AGREEMENT (Pending results offish and Game Review) STATE OF CALIFORNIA -THE RESOURCES AGENCY PETE WILSON, Governor DEPARTMENT OF FISH AND GAME POST OFFICE BOX 47 YOUNTVILLE. CALIFORNIA 94599 (707) ~4.s5oo RICK KENNEDY CITY OF UKIAH PW 300 SEMINARY AVE UKIAH CA 95482 Notification No.: 201-96 Date Received: 3/25/96 THP Number: Work Order No.: ,, We have received your Notification of proposed operations on Unnamed Trib to Russian River, Mendocino County. Your proposed operation has been assigned to a Department representative who will contact you within 30 days from the above date. Under provisions of the Fish and Game Code, you may not begin work on your proposed project until the Department has conducted an inspection and its recommendations (or if an agreement cannot be reached, the decision of an arbitration panel) have been incorporated into your project. These provisions of the Fish and Game Code are intended to protect and conserve California's fish and wildlife resources.' If you have any questions regarding this Notification, please feel free to give me a call at (707) 944-5546. Sincerely, Kay~e.~Scho1 ' Office Technician Region 3 APPENDIX "C" Airport Park Boulevard Extension RAILROAD AGREEMENTS (Pending Agreement with the Railroad) APPENDIX "D" Airport Park Boulevard Extension SAMPLING AND TESTING (To be inserted when final text is complete.) ITEM NO. 6e DATE: April 17. 1996 AGENDA SUMMARY REPORT SUBJECT: RECEIVE PROPOSED BUDGET AND FUNDING REQUEST FROM MENDOCINO TRANSIT AUTHORITY TO MENDOCINO COUNCIL OF GOVERNMENTS Mendocino Transit Authority (MTA) has submitted their claim for Transportation Development Act, State Transit Assistance and Transit Capital Reserve Funds to the Mendocino Council of Governments (MCOG) for Fiscal Year 1996/97. Attached to their request is the proposed MTA 1996/97 budget. These documents are being submitted to Council for your information and review as City of Ukiah Council members sit on both the MTA and MCOG Boards. Please note the Ukiah Senior Center's request on Page 18 for a cost of living increase as well as an additional budget amount for service expansion to Redwood Valley and Potter Valley. This specialized service request is discussed on Page 31. In speaking with Terr Willis, Director of the Ukiah Senior Citizen's Center, she explained that only one bus per day goes to the Redwood Valley area and, many times, has to turn down clients who want to ride to Ukiah, as the bus is full and cannot take more passengers. This proposal requests an additional bus so there will be two round trips to Redwood Valley a day, as well as additional new service to Potter Valley, since they receive no bus service at this time. The estimated subsidy required for these services is $21,759.00. RECOMMENDED ACTION: Receive the proposed budget and funding request from Mendocino Transit Authority and comment if desired. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Acct. No. (If NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: Requested by: Prepared by: Candace Horsley, City Manager Coordinated with: Attachments: MCOG Proposed Budget and Funding Request Acct No. (If budgeted): N/A APPROVED: 4/Can:ASRmcog Candace Horsley, City ~,nager 1976 Mendocino Transit Authority 20 Years of Count?,..-'W,'de Service Mr. Bruce Alfano, Chairman Mendocino Council of Governments 215 West Standley St. Ukiah, CA 95482 1996 April 1, 1996 Dear Mr. Alfano, Attached is MTA's claim for Transportation Development Act, State Transit Assistance and Transit Capital Reserve funds for Fiscal Year 1996/97. The claim is incorporated in and supported by a detailed Proposed Budget dated April 1, 1996.- The MTA Board of Directors has authorized submittal of this document which specifically requests the following amounts: $1,596,917 in Transportation Development Act funds, 111,050 in State Transit Assistance funds, and 414,750 from the Transit Capital Reserve The County Auditor/Controller has submitted his official estimate of TDA revenue for FY 1996/97 as $1,761,502. That amount is said to include carryover from 1995/96. Based on actual receipt of TDA revenue through March 1996, the State Controller's programming for April and May, and the Auditor/ Controller's own estimate for June, total new TDA revenue for 1995/96 will be $1,761,000. That is an increase of nearly 7% over actual receipts in 1994/95. This income would generate carryover (an amount not yet allocated) in excess of $148,000. Therefore, MCOG should be looking at $1.9 to 2.0 million for transportation allocations, depending on growth. Due to this potential large carry over, MTA formally requests a revised estimate of both 1995/96 and 1996/97 TDA revenue. MTA's claim for TDA is $189,725 more than the amount that MCO~ allocated for 1995/96 (including the supplemental allocation in October 1995). The primary reasons for this increase include: + a loss of $84,361 in State and Federal operating assistance, + a 3% across the board wage increase, which follows a 2% cut, + the addition of one person in the maintenance department for both janitorial and mechanic work, replacing a mechanic position cut in 1994, 241 Plant Road Ukiah" .... ~;482 - ~-.,r~7~ ~,~-o '-"" ~ · , ..... a, forni,~ ........ ,.~, .... ; ~.~.~:..~::~/6~ Fax (707) 462-1760 Bruce Alfano, April 1, 1996 page two the addition of a half-time Supervisor to help provide greater assistance for Senior Center contracts, a $65,600 increase in the deposit to the Transit Capital Reserve, based on a realistic estimate of declining federal support. With regard to State Transit Assistance, MTA intends to claim the full amount included in the final State budget which will be revised in May. Although MTA is eligible to use this source for operating assistance, all funds are budgeted for capital acquisitions. To the extent that STA revenue exceeds the amount claimed, we claim that increase which would be used to reduce the draw from the Capital Reserve. If final revenues are less than budgeted, the draw from the Reserve would increase by that amount. Finally, the request from the Transit Capital Reserve shows a huge increase, corresponding to the Capital Budget. MTA will buy eleven, and Senior Centers two vehicles in 1996/97. We also plan to perform the required upgrade of our fueling facility this summer. Consequently, the Capital budget increases dramatically to over $1 million. However, most of the revenue is already secured. The actual amount required from the Reserve depends on MTA's success in competition for federal grants. Budgeted federal funds include $120,400 for MTA, plus $74,400 for Senior Centers which are not yet approved. Those decisions should be made in August or September, at which time MTA may propose a significant change to the Capital Program, and would file an amended claim for Reserve funds. As you know, MTA has not received any claims for rail projects. MTA has managed to maintain a quality, dependable, effective transit service to the citizens of Mendocino County for twenty years now. Relative to MCOG and MTA performance measures, our accomplishments have been truly impressive. We believe this is the year to improve service delivery, as the county now moves solidly out of the recession. Sincerely, n, Chairman ~-B~rd of Directors, Mendocino Transit Authority c.c. see attached distribution list DISTRIBUTION: (Letter to Bruce Alfano dated April 1, 1996 from- James W. Mastin, Chairman, Mendocino Transit Authority) MCOG BOARD OF DIRECTORS Bruce Alfano, Willits Richard Tanis, Point Arena Charles Cliburn, County Liz Henry, County Patty Campbell, Fort Bragg Frank McMichael, County Richard Shoemaker, Ukiah Linda Evans, CalTrans (PAC) Mary Hiatt, Executive Secretary Liz Henry, Chair and Mike Scannel, Chief Administrative Officer County of Mendocino Fred Schneiter, Mayor and Candace Horsley, City Manager City of Ukiah Bruce Burton, Mayor and Gordon Logan, City Manager City of Willits Patty Campbell, Mayor and Gary Milliman, City Manager City of Fort Bragg Raven Earlygrow, Mayor and Fred Patton, City Clerk City of Point Arena MTA BOARD OF DIRECTORS James W. Mastin, Chairman, City of Ukiah Lindy Peters, Vice-Chair, City of Fort Bragg Diana Stuart, County Charles Peterson, County Johanna Burkhardt, County Sam Kingsley, City of Point Arena Tom Lucier, City of Willits MENDOCINO TRANSIT AUTHORITY P R O P O S E D 1996/97 BUDGET April 1, 1996 MENDOCINO TRANSIT AUTHORITY PROPOSED 1 9 9 6/9 7 BUDGET · · Table of Contents 1. Introduction and Summary .......................... 1 2. Status of Revenues ................................ 4 3. MTA Operations .................................... 6 4. Senior Center Budget Request Analysis ............. 15 Capital - MTA and Senior Center .................... 25 6. Transit Capital Reserve ........................... 29 7. Unmet Transit Needs ............................... 30 1 . Introduction and Summary This Proposed Budget is built from four parts, each of which is described in detail in this document: + MTA Operations + Senior Center Contract Operations + MTA and Senior Center Capital + Transit Capital Reserve Also, four Unmet Transit Needs are described and analyzed, but funding for these needs is not included in this Proposed Budget. The "bottom line" of the budget is shown at the bottom of the next page in the table Summary of 1996/97 Claim for Funds. That table summarizes the amounts of Local Transportation Funds (also known as Transportation Development Act or TDA), State Transit Assistance (STA) funds and Transit Capital Reserve funds that are required to support the spending included in the budget. Specifically, MTA is claiming a total of $2,122,717. That includes $1,596,917 in TDA funds. After accounting for $18,367 in supple- mental TDA funds awarded by MCOG in October 1995 (which are not included in the 1995/96 figures), the TDA request increases by $189,725 or 13.5%. The claim for STA actually declines by $5,418 or 4.7% to $111,050. The biggest change for 96/7 is the withdrawal from the Transit Capital Reserve which would leap $305,350 or 279% to $414,750. The table on page 3 summarizes both revenues and expenditures, for each of the'four budget components. It also compares approved 1995/96 budgets (July/August 1995) to the current 1996/97 proposal. Total 96/7 spending, excluding Reserve activity, would increase by $528,576 or 17.3% compared to the 95/6 budget. The MTA and Senior Operating budgets increase by a total of $173,076 or 7.9%, The largest increase is in the Capital budget which rises $355,500 or 41.8%. Note that Transit Capital Reserve revenue is actually TDA funds deposited into the Reserve. Expenditures from the Reserve are actually transfers (i.e. revenue) to the Capital program. This Draft Budget is balanced, but requires $143,511 more TDA funds than were expected to be available as of March 1, 1996. Mendocino Transit Authority Summary of 1996/1997 Claim for Funds I Source Authority Purpose Local Transportation Fund: Date' 01 -Apr-96 FY 1995/96 Amount FY 1996/97 Amount PUC, Sec. 99260(a) MTA Operations $1,137,805 $1,264,937 PUC, Sec. 99400(c) Senior Center Operations $216,620 $231,980 PUC, Sec. 99260(a) MTA & Senior Capital $0 $0 CCR, Sec. 6648 Transit Capital Reserve $34,400 ! , Total $1,388,825 $100,000 $1,596,917~ State Transit Assistance Fund: CCR, Sec. 6730(a) CCR, Sec. 6731(b) MTA Operations Senior Center Operations $28,018 $0 $0 $0 CCR, Sec. 6730(b) MTA & Senior Capital $88,450 $111 ,O5O CCR, Sec. 6648 Transit Capital Reserve I Total $0 $116,4681 $0 $1~1,o5oi Transit Capital Reserve CCR, Sec. 6648 MTA & Senior Capital $109,400 $414,750 I Total $109~400[ $414~7501 $1 C (D C er) 0 t'O '" I I · I · ,'- 0,10'; I 0 (0 · ~1' 00 ~ o~ 0 0 0000 0000 00 ~t' 0 0 o 0 8888 0 00000 ~ tO0 tO00 0 0 2 . Status of Revenu~es !.~ Since transit budgets must be prepared so far in advance, most revenue sources are highly uncertain. The most important sources are listed below with some description of their current status and potential for change. Local Transportation Development Act (TDA): The County Auditor makes the official estimate of the annual revenue to be derived from this quarter-cent, county-wide sales tax. He has pegged 96/7 TDA revenues at $1,761,502, which includes an Unknown amount estimated to be carried forward from 95/6. That estimate is $78,353 or 4.7% above the comparable figure for 95/6 (the original 95/6 estimate plus excess 94/5 TDA revenue). As of mid March, actual TDA revenue is on track to reach $1,761,000 for 1995/96. That would generate a carry over of $148,000. Growth of sales tax receipts over the past year is nearly 7%, and Friedman Brothers opening this month in Ukiah will add to that. Use of later data could increase the estimate to as high as $2 million including the 1995/96 carry over. Fare Revenue: The fare increase of 1996 has produced a strong in- crease in revenue which we expect to hold. An increase of 8.5% is budgeted. Transit Capital Reserve: Major vehicle purchases produce a huge Capital Budget requiring a $414,750 draw from the reserve. No problems are expected, except that the balance will drop near zero at times. See the Capital budget tables for Reserve activity. State State Transit Assistance (STA): The estimate of this fuel tax related source varies from $109,014 to $112,778 depending on the source. The figure will be revised in May. The budget uses $111,050, entirely for Capital. To the extent that actual STA income exceeds the amount budgeted, that increase should be used to reduce the draw on the Reserve. Federal Section 18 Apportionment: This strictly population driven formula grant, which is available for both capital and operating, (we use it for operating) is expected to decline more than 7% to $50,000. Section 18 Discretionary and Intercity: MTA has relied on these competitive grants quite successfully for a very large part of the capital program for over a decade. The creation of the Intercity program and reduction of the broader Discretionary grants however, restrict the types of projects that can be funded. The Capital Program table later in this document shows the use of $302,700 from Intercity. Only $182,300 has been approved so far. Staff will apply for grants for all eligible projects, but it is unlikely we will be awarded the full amount. If applications are less successful than the budget, the requirement for Reserve funds will ~'increase, or capital projects(s) will be deferred. Section 16 Elderly/Disabled: Although the rules have changed for this competitive source, two more senior center vehicles were funded in 95/6. Additional applications will be submitted by Redwood Coast and Ukiah Senior Centers for 96/7 with a fair chance of success. The 20% match will come from the Reserve. Technical Assistance (Planning): The major Planning project for the year, Willits & Fort Bragg Transit Service Study, is smaller than usual at $ 33,330. It is included in MCOG's first draft OWP and an application has been submitted for $26,664 in federal funds. That amount is expected to be approved. Surface Transportation Program: These federal funds are allocated by MCOG who has already approved all of the $182,400 budgeted for MTA Capital projects, including $116,000 from the previous year. However, revenue during 1996 has fallen far short of projections. Some plans and~'previous approvals may have to be reconsidered. Summary For operating in FY 1995/96, MTA will use $28,018 in STA, plus $10,522 in State Planning, plus $131,317 in Federal operating assistance. For 1996/97, those figures will drop to $0, $9,016, and $76,664 respectively. That is a loss of $84,361 in State and Federal support for operations. That loss, plus operating cost increases must be made up from increases in all other sources. TDA revenue required for this budget is $1,587,616. MCOG staff's March 1 estimate of TDA fUnds available after administration, ~pedestrian/bicycle and planning is $1,453,406. That is a shortfall of $134,210. This claim and budget include the full amount of funding needed to appropriately support existing services. After MCOG's allocations are complete, and many cost and revenue items are more certain, the MTA Board would make any necessary budget adjustments at their May or June meeting. 3 . MTA Operations By far the largest part of the budget is operating public transit services. Included in this component are the profitable Contract services that MTA runs exclusively for clients of the Redwood Coast Regional Center, and Saint Helena Hospital. Also in this budget are non public transit, money making or break-even activities: maintenance of non MTA vehicle fleets and dispatch of Willits Senior Center operations. A detailed line item budget is shown on pages 8 and 9 compared to the 95/6 budget. · It is Services The public transit services included in this budget are exactly the same that are run today. The extension to Community Clinic in Ukiah and daily operation of CC Rider are in. Page 10 shows 96/7 operating statistics and Page 11 shows perform- ance for each route. Both tables compare with the same from the 95/6 budget (before the addition of Community Clinic and CC Rider change). Descriptions of services are tabulated on page 12. The 96/7 Holiday schedule is the same as for this year (page 13). Waqes and Salaries This budget includes an across the board increase of 3.0% The 1996/97 Wage and Staffing Table is included on page 14. Every employee is included. Those workers who are not at the top of their wage range would receive this adjustment plus a step increase on their anniversary date. Remember that the 95/6 budget eliminated part of employee income, equating to an average 2% cut in pay. O_ther Assumptions and Details Increases are included in this budget for: o Medical insurance rates + 10% effective in January o Dental insurance rates + 8% o Vision insurance rates + 5% o Workers compensation costs are up an estimated 16% o Liability insurance increases 8% Reserve Status: For $25,000 deductible vehicle liability, the reserve stood at $65,000 on 12-31-95, a $12,000 addition is planned for 96/7. For vehicle physical damage, the fund balance was $38,445 on 12-31-95. An $18,000 addition is budgeted. For unemployment insurance, the balance was $7,340 at 12-31 An $ 11,000 addition is budgeted. ' , Some specific new items that are included in the budget: + An Employee Assistance Plan (EAP) that would provide assistance when counseling is needed, which is not covered by health insurance. The cost is $3,600. Access to the Internet, just the basic link, is included at $25/montn. $800 is in the budget to develop an improved driver training program. Training for Maintenance staff is increased by $500 for additional needs. TV advertising is slightly higher in this budget. Many specific activities appear in different accounts this year. Total publicity/printing/advertising costs increase $3,350 or 7%. The existing in-house labor plus outside labor required for cleaning of buses, shelters and the office, plus fueling, fluid checks and vault changing cost about $32,000. Staff has identified an important need to increase maintenance labor in the shop (ie Mechanics Helper) and to improve the cleaning of the office plus new shelters. The Budget Committee agreed to the concept of dropping the office janitorial contract, rearranging all the above duties, and having two full-time positions (one new) at appropriate pay rates. The estimated new cost is $51,300 for an increase of $19,300. The current positions of Fort Bragg Dial-a-Ride supervisor and CC Ride~ lead driver are consolidated into one new North Coast Supervisor. Additional Half-Time Supervisor: This half time position would primarily supervise the operating contracts performed and purchased by the MTA, and secondarily, provide evening and weekend supervision and vacation coverage for the other supervisors. The total cost included in this proposed budget is approximately $14,000. The combined services already operated under contract (St Helena & Redwood Coast Regional Center) or contracted for (Senior Centers and Mendocino Stage), are worth over $450,000 and represent over 20,000 hours of service, roughly equal to all Dial-A-Rides and just a little less than all public fixed routes. To manage these services properly requires about 600 hours per year. The other 400 hours per year would provide Saturday and evening supervision when we have 8 employees in service scattered around the county, and coverage for two other supervisors during their vacations. Mendocino Transit Authority Income Statement Budget FY 1 996/1 997 Fares 361,536 Contract Se~ice Revenue 36,000 _. Chaders 0 Display Ads 0 .... Sonoma Coun~ Pa~icipation 80,000 Total Operating Revenue 477~536 TDA - Operations 1.,137,805 STA - Operations 28,018 State Planning Grant 10,522 Fed Sect 18 Operating Grant 53,973 Fed Sect 18i Operating Grant 37,860 Fed Sect 26a Planning Grant 39,688 Senior Center Admin/Dispa_tch 18,000 -~aintenance Labor Revenue 21,720 Rental'Income , 5,100 Other Revenue 1 ~352~686 Date: 03/29/96 392,393 103,284 0 0 80,000 575,6771 30,857 67,284 0 0 0 98~ 141 8.5% 186.9% ERR ERR 0.0% 20.6% 1,264,937 0 9,016 50,000 0 26,664 25,000 20,000 5,1 O0 1,400,71 7 127,132 (28,0L~) __(~,5_o6) .... (3,973) (37,860) (13,024) 7,000 (1 ,_Z720) 0 48,031 11.2% - 100. O% -14.3% -7.4% - 100. O% -32.8% 38.9% -7.9% 0.0% 3.6% [Total Revenue I 1,830,2221 1 1,976,3941 1 ~46,172] l 8.0% I Transportation 1,237,961 Maintenance 267,266_ Administration 332,995 1,395,299 263,615 325,480_ 157,338 (3,651_) (7_,51_~_) I T(~tal Operatin.q Expenses ' I 1,838,222"l I 1,984,3941 I ~46,1721 I INet Gain/(Loss) Operations I (8,ooo:~ I ce,oool I (o]i I 12.7% -1.4% -2.3% 8.o%1 o.0%I J Interest (Income)/Expense I (8,-bo--0~ I oll o.o%] [Net Income/Loss) before Depr I File: (Budget97\INCSTMT) 0 Om 'ID /0 0 t.= // Mendocino Transit Authority 01 -Apr-96 Public Transit Service Descriptions for fiscal year 1996/97 Dial-a-Rides 2 Willits 3 Ukiah 4 Fort Bragg OPEN HOURS 8 am to 6 pm 7 am to 7 pm 7 am to 7 Saturday~ 10 am to 3 pm 10 am to 3pm 10 am to 3pm Sundays closed closed closed Inland Bus Routes ONE-WAY TRIPS PER DAY Saturdays none none none none Weekdays 31 12 3 - 5* 2 9 Ukiah Local 20/21 Willits- Ukiah 30 Redwood Valley - Ukiah 40 Potter Valley - Ukiah * Lower in Summer Sundays _, none none none none Coast Bus Routes 65 Mendocino - Willits - Santa Rosa 75 Gualala- Ukiah 95 Point Arena - Santa Rosa ONE-WAY TRIPS PER DAY Weekdays___ Saturdays ___ 2 2 2 none 2 2 __Sundays 2 none 2 User- Side Subsidy Ara 60 Fort Bragg - Navarro River Jct, Fort Bragg - Mendocino Fort Brag_g_- Ukiah ngement - Mendocino Stage ONE-WAY TRIPS PER DAY Weekdays__ Saturdays _ 4 none 4 none 5 1 Sundays none none 1 Mendocino Transit Authority 1 996/1 997 Holiday Schedule APPENDIX B Independence.Day) 04-Jul-96 Effective: 01 -Jul-96 03/29/96 Labor Day I 02.Sep'96lM°ndaY' 'ii X Thanksgiving t 28-Nov-96 I Thursday ~ :' X .i .~.: ;, ...... [ 29.Nov-g61~Frid-~~'i: -"i-'~t X Christmas X I25-DEC-96 IWednesday l ": ....... ~"-1 ~,~-- '~1 New Years ' J. 01'-Jan-97 ..... ,, tWednesday fx Martin Luther King)13-Jan- 971 Monday X X _J X ]OP I :OP .I .: X .i: x x 1x X X - Holiday, No service, Holiday Pay (see Personnel Policy) OP - Operate normal schedule, Holiday Pay (see Personnel Policy) * - Reduced Service (1) - Observed Holiday Mendocino Transit Authority lWage Increase: 1996/97 WAGE & STAFFING TABLE Effective duly 1, 1996 | 3.0% APPENDIXA ' i ',"' (1) ~ Manager 49,767 .... b~9onl act 55,~3 40 1.6% (1) Rn~ce & Personal Manger 14,61 15.05 15.48 15.91 16.35 16.78 17.22 17,~ 40 2.5% (1)" M~keting & Planning ........ Manager 14.61 15.05 15,48 15.91 16.35 16.78 17.22 17,~ 40 2.5% , Rn~ & P~sonn~ As~s~t 10.53 1~:~ __1~,4~._ 11.~ 12,28 12.71 13.14 13.~ 9 3.2% Mmketing & Planning ~sis~t 10.~ 10,96 11.40 11,83= 12.28 12.71 13.14 13.~ 0 3.2% Adminis~aWe ~=eta~ 9.87 10.31 10,74 ~_ 11,19 11.62 _ 12.05 12.48 1~,.93 ~ 3.4% C~hier 8.48 8.91 9.34 9.79 ~ 10,22 10,65 11 .~ 11 .~ 18 3.8% (,1) Maintenance Supervisor 15.71 16.15 !6758 , ,17.02 _1_7_.4,5 17.89 18.33 18:77 40 2.3% Mechanic 11.97 12.40 12.83 13.28 13.71 14.14 14.57 15.02 80 2.9% -- __ Mechanics Helper 9.70 10.15 10.58 .,,11.01 11.45 11.90 12.33 12.76 40 3.4% · ,, Servicer ., 7.15 7.58 8.03 __ 8.47 8.90 9.33 9._ 77' 10.21 40 4.3% Shelter Inspector 6.13 6,57 7.00 7.44 7.87 8,32 8.76 9.19 4 4.8% Data Entr~ Clerk~ 8.48 8.91 9.34 9.79 10.22 10.65~ 11.09 11.54 5 3.8% (1) Opera,s M~_ger 20.52 ~.95 21.4~ 21 .~ 22.27 22.~0 23.13 23.~ ~ 1.9% (1) ~sist~t O~r~ons M~ger 15.44 15.87 16.~ _ 16.74: 17.18 17.61 18.05 18.~ 40 2.4% Opera, OhS ~upe~isors 10.~ 11 .~: 11.76 12.21 12.~ 13.07 1 ~.50 13.95 69 ~.1% Es~mate Dispatchers 8.48 8.91 9.94 9.79 10.22 10.65 11.09 Dispatcher - Bilingu~ 9.12' 9.58 10.04 10.52 10.98 11.45 11.93 ~ 12.~ 40 a.8% ~sist~l Dis~lc~r 7.~5: 7.79 8.22 8.65 9.11 9.54 9.97 10.40 0 4.2% DRIVERS: ~' !i~ Estimate Bus/Van Drivers 8.48 8.91 9.34... 9.79 10.22 10.65 .... 11 .____~_ 11.54; 432 3:8__%_ Estimate Cab Drivers 7.90 8.34 8.78 9.21 9.64 10.08 10.52: 10,96 4401 4.0% Same as Same as 'S~le as Same as Same as Same as Same as Same as inclu~l~'~ Substitute Drivers Above Above Above Above Above Above Above Above Above ERR Driver Trainer 9.63 10.06 10,51 10,94 11,38 11.81 12,26 ! 2..69 8 3,4% " Included Driver in Tr~ninl~l 5,00 :lat Rate ~ Above (1) Exempt Position Pm/Differential for Driving AND Dispatching at the same time: $1.00 per hour. 4. Senior Center Budget Request Analysis Introduction TDA funding requests have been received from the 6 Senior Centers and the Long Valley Health Center for fiscal year 1996/97. These requests are for Existinq Service Levels. Requests to add service are specified separately. Because of MCOG's agreement to allow Senior Centers to be eligible for capital matching funds from the Transit Capital Reserve, we asked for a Five Year Capital Plan from each Center. These Capital needs are shown in Chapter 5. The requests for TDA funding for Existing Service Levels included in this packet total $227,400, (excluding Administration) an increase of $13,738 over the current fiscal year. Three Centers are requesting increases in funding Anderson Valley ($1,686 or 15.1%), Redwood Coast ($6,931 or 9.5%) and Ukiah ($2,637 or 2.3%). Service increases requested by the Ukiah Senior Center and the Long Valley Health Center are discussed and analyzed in Chapter 7, Unmet Transit Needs. Summary and Analysis: Ail Senior Center services are classified as "Specialized 'hands-on' demand responsive or subscription services", some within and some outside the three largest communities, according to the priorities established in the MTA Five Year Plan. Each Center's historical ability to perform the service they propose and their demonstrated ability to reach the performance standards established by the MCOG is also included in the analysis. Remember that these performance standards are applied to the group by the MCOG but are provided here as a benchmark. The analysis that follows usually focuses on the five Senior Centers with operating contracts. This year the Ukiah Indian Center and the Long Valley Health Center have been added to the text and to some of the tables because they are or will in the future request more funds and the character of their programs has changed. They are becoming very similar to the services operated by the other Centers. Each Center's proposal is described below using Financial, Service and Performance measures (Refer to the Senior Center Budget Comparison Tables 1- 4). Description of Tables Table I compares the Operating Budgets of each Center. The two primary sources of Revenue, Fares/Matching Funds and TDA Funding, and the Total Operating Cost are compared for the completed 94/95 Fiscal Year, the 95/96 budget, an estimated year end for 95/96 and the proposed budget for 96/97. The 96/97 proposed budget is shown in two forms. The proposal received from the Centers and the MTA Board approved proposal. The right hand column shows the funding difference between each proposal and the existinq budqet. /5- Table 2 compares the Operating Statistics of each Center. The three primary statistics Passengers, revenue service hours and miles are again compared for the completed 94/95 fiscal year, the current 95/96 budget, the estimated year end 95/96 performance and the Centers proposal. Since these three statistics are not affected by the differing Senior Center and MTA TDA funding levels, the right hand columns compare the change from 95/96 to 96/97 proposed budget and estimated 95/96 year end to proposed budget. These estimates of year end performance are based on information available through March 19, 1996. Table 3 compares the Service Performance of the Centers using the Passengers per Hour, Fare Revenue to Operating Cost Ratio and Operating Cost per Hour. Standards each of these measures are established by the MCOG for the Senior Center group. They are calculated here by Center and shown in group form at the bottom. Again, the past year, current budget and projected year end and proposal for next year are shown. Since the Indian Senior Center and Long Valley Health Center are providing slightly different kinds of service, they are not included in this table. Table 4 is a Funding Source Comparison for the five major Centers. On table 1, Fares and Matching funds are combined. Here they are separated to show the percentage of the transportation service cost paid by the Customer, the Center and by the MTA, using TDA funds. This table allows useful budget to actual comparisons as well. Please note that in the estimated year end column, a total over 100 percent indicates that the Center's program is under budget on expenses. Since the TDA percentage is fixed in our contract, the total percentage of TDA funding in the current fiscal year cannot exceed the budgeted amount without an amendment to the contract. Historically, only Centers that are meeting two of the three MCOG standards are allowed to exceed this percentage limit and use all the budgeted TDA funds if their expenses are below their original estimate. Budget Committee Recommendation On March 13, the MTA's Board level Budget Committee reviewed and discussed these proposals. Their conclusion was to hold TDA funding for all seven agencies at the level approved for 1995/96. On March 28, the full Board agreed to include the cost of living increases requested by Anderson Valley and Ukiah, but not the funding shift requested by the Redwood Coast Senior Center. Tables 1 and 4 include 2 columns for the 1996/97 budgets, one as proposed by the Centers and one as proposed by the MTA Board. The latter shows the Board approved TDA subsidy and uses the Total Operating Costs proposed by the Centers. Tables 2 and 3 Operating Statistics and Performance Measures also use data as proposed by the Centers. Anderson Valley Senior Center The Center serves the entire Anderson Valley, Yorkville to Navarro. Their single vehicle provides demand responsive service, on a prearranged basis, to their Center and other community services. Requests for service are telephoned to the Center's answering machine or directly to the driver's home. The bus operates locally on Tuesday and Thursday, between 10am and 2pm. On Fridays, a trip is provided to Ukiah for medical, shopping and other purposes, with the bus in service from 9am to 5pm. The Center is proposing a 15% increase ($2,360) in its operating budget, requesting a 15% increase ($ 1,686) in TDA funding and projecting a similar increase in Fare and Senior Center Revenue. Nearly all of the expense increase is anticipated maintenance and fuel cost hikes. The fare revenue projection is based on a 14% increase in ridership. The Center's proposed service level (see Table 2) is slightly higher than in previous years. The Center is averaging 6.75 trips per day. Estimated 95/96 year end ridership will be less than half of their budget (1064 estimated vs. 2486 budget) due to the illness of their driver earlier this year. Last year's total ridership was also about half of that proposed (1234 actual vs. 2486 budget), down considerably from the previous year (2,050 for 93/94). If current performance continues, Anderson Valley will fail to meet two of the three MCOG performance goals for this fiscal year. Only Cost per Hour is projected to be met, just as last year. In 1993/94 they did much better, reaching two and nearly all three goals. Anderson Valley does not operate enough hours per week to receive high scoring under the most recent Federal Section 16 eligibility criteria (Reviewed March 19, 1996). Their applications for replacement vehicles have been rejected twice recently. Indications are that these minimums will continue and any replacement vehicles will need to be funded locally. Their vehicle is in good condition, but is currently eleven years old and approaching 100,000 accumulated miles. Redwood Coast Senior Center The Redwood Coast Senior Center provides service along the north Mendocino Coast from AlbiQn to nearly Ten Mile bridge and within the city of Fort Bragg. Three vehicles operate Monday through Friday, 8am to 10am and 2pm to 4pm, primarily picking up passengers on prearranged routes. From 10am until 2pm two vehicles are in service and available for demand responsive and prearranged transportation. The Center employs a part time dispatcher and part time coordinator. As of March 15, 1996, the Adult Day Health Care program will be discontinued. The Center will continue their Alzheimer's program and re institute their Social Day Care p~ogram. Their transportation routes will be in flux until the new programs stabilize. The MTA staff will work with the Center staff to optimize the new service. The Center may revise their budget to reflect the ultimate changes. The Center is proposing to reduce their financial contribution to the transportation program by over 70% ($13,682) through a combination of reduced costs, primarily fringe benefits, and increased TDA revenue from the MTA. This change would increase the portion of TDA funding for this program from 68.2% to 79.6%. Table 4, the Funding Source Comparison, includes these percentages for all Centers. /7 The Center carries an average of 54 passengers per day, with a relatively high percentage requiring specialized assistance. Current estimates are that the program will carry the projected number of passengers this year, and meet two of the three MCOG goals. However, the change in program ridership produces some new uncertainty in projections. The Center expects to receive a new vehicle by July 1, 1996. This will be the second new vehicle in a little more than a year funded by Section 16. Funding for another replacement vehicle is included in the Five Year Capital Plan. South Coast Senior Center The South Coast Center provides service along the southern Mendocino coast from Irish Beach to Gualala with a wheelchair accessible van. On Senior Nutrition days, Monday and Wednesday, they operate from approximately 9am to 3pm. Nine Fridays per year they will transport seniors to Santa Rosa, Fort Bragg or Ukiah. The destination is based on people's needs and subject to an adequate number of passengers signing up for the trip. This is rural specialized service as defined by the MTA Five Year Plan. The Center is budgeting a 3% cost increase to be covered by increased Senior Center funding. The Center is proposing to continue the same service it has provided for a number of years. It has been working very hard to bounce back from its poor performance last year (caused by vehicle mechanical problems). The estimated year end ridership will be the highest in three years. The Center is expected to meet only the Cost per Hour goal by year end. They will exceed their budgeted productivity of 2 passengers per hour, but not meet the standard of 3.0. This performance is consistent with last year. The proposed budget would meet two of the three goals. The South Coast'Senior Center does not operate enough service hours per week or carry enough passengers to rank within the eligibility range of the Federal Section 16 program. Their 11 year old vehicle has accumulated 71,000 miles. It is in good shape, in spite of the corrosive coastal environment, but the only apparent method of replacement is local funding. Ukiah Senior Center The Ukiah Senior Center operates three vehicles, 8am to 4 pm, Monday through Friday, serving the greater Ukiah area. A limited number of passenger trips from and returning to Redwood Valley for Adult Day Health Care (ADHC) and Senior Day Care (SDC) clients are also provided. The Center currently averages 75 trips per day, down from 94 trips per day last year. The Center's budget includes funding for a part time supervisor and half of their dispatcher/receptionist position. The Existing Service Level Budget as revised by the Center contains some cost of living increases. An additional budget for service expansion to Redwood Valley and Potter Valley was received and is discussed in Chapter 7. The Ukiah Center provides service that is primarily within the Ukiah area. They carry a mix of passengers, some requiring specialized assistance, and some not. They report an increase in wheelchair rides, and are averaging about 15 per day. The Center's estimated year end performance is well below the 95/96 budget in miles and hours of service as well as operating cost. The latter is partly due to a significant cut in driver wages for part of the year. Fares are expected to exceed budget by 65%, while the Center's financial contribution will be less than half the budgeted amount. The Ukiah Center is expected to exceed all three MCOG standards this year as they have done for the last two years. Ukiah is anticipating the arrival of another Section 16 van in July. That will be the second in less than two years. They also plan to apply for funding in the next Section 16 cycle, for a replacement van to operate their existing service and had anticipated applying for an expansion van for the expansion service proposal to Potter Valley and Redwood Valley. Only the replacement van is included in the Five Year Capital Plan. Willits Seniors Inc. The Willits Seniors Inc. operate two vehicles, 8 and 8:30am to 4 and 4:30pm, Monday through Friday, transporting an average of 54 passengers per day, down from 59 per day last year, primarily within the Willits-Brooktrails area. They carry a mix of passengers, some requiring specialized assistance, and some not. They operate service three days per week for ADHC from Golden Rule on the south side of Ridgewood Summit. Willits Senior Transportation is funded for a part time supervisor and is dispatched by MTA dispatchers. The Center has submitted a proposal that provides the same level of service with no increase in TDA funding. The Willits Senior's estimated year end performance will meet the service levels described in their current contract. They have the highest productivity of all the Centers, over 4 passengers per hour, year-to-date (See Table 5 Combined Senior Center Statement of Operations). They are expected to · meet or exceed all three MCOG standards this year. Willits would qualify for consideration for replacement vehicle funding under the current Section 16 eligibility criteria. Indian Senior Center The Indian Senior Center operates two vehicles, a minivan and a sedan, Monday through Friday, from 10 am to 3 pm. The Center's fixed route covers Redwood Valley south to Hopland, including the Rancherias at Pinoleville, Guideville, Yokayo and Hopland. Last year we asked the Center to improve their ridership, which had dropped to a very low level, in order to assure that they would still be eligible for funding. We will know in July if the Center has met their goal of improving ridership. MTA currently only funds a small portion of their operating costs. Our contract is a simple annual grant. The Center reports their performance at year end. TDA funding at the current level is included in the proposed budget. The Center has submitted a budget that documents their rising costs to provide this traditional level of service. They have indicated that next year they would seek a larger percentage of their actual costs. I would anticipate their return to a more detailed contract with monthly reporting requirements if increases in funding are granted. The Center has also expressed an interest in potential future capital assistance from the Transit Capital Reserve. /~ Lon~ Valley Health Center The Long Valley Health Center provides transportation to the general public for medical trips. A majority of their trips are between local residences and the Health Center, but they will take people as far a Eureka for specialized treatment. What began as a volunteer mileage reimbursement program has grown to a service with paid staff and significant overhead costs. The budget proposed for the 96/97 fiscal year approaches the budget of the smaller Senior Centers in cost, miles and hours. Estimated ridership for the Health Center service is expected to exceed that of Anderson Valley and the South Coast Seniors. I have been unable to find a similar service, funded with TDA, in the State. I am continuing to look for comparable examples in other areas. This contract is a very simple grant with annual reporting requirements. If the funding level grows, I would expect to have a detailed budget and monthly reporting similar to the Senior Centers. Administration These seven contracts require a fair amount of attention. During the last two years, I have spent 200-300 hours per year on basic contract administration. This typically represents budget analysis, annual contract revision, training of senior center directors and supervisors, and contract monitoring. I also spend time providing technical support. Only 200 hours per year are budgeted and reimbursed from Article 8 funds. This is the bare minimum of time that can be spent. The budget includes doubling the Administrative line item. This will achieve several additional goals. These include: · Annual performance audits. Observing and reviewing the operation including riding their,services, verifying report accuracy and familiarity with their customer's needs, and suggesting more effective ways of providing service if they exist. I have only had time to do this once in four years. Estimated time required is 2-3 days each or 16-24 hours times 7 centers = 112-168 hours per year. · More budget analysis and review. Each of these last two years, I have spent about 14 extra hours on the Ukiah Center's budget alone due, to supervisor turnover. This was not special analysis or planning, just basic budgeting. More time needs to be spent on basic budgeting with the other Centers as well. Estimated additional time is 8 hours per year per center or 72 hours per year. · More oversight of vehicle maintenance program. Our Maintenance Supervisor attempts to inspect each Senior vehicle every six months to assure compliance with basic preventive maintenance practices included in our contract. To perform this adequately requires about 80 hours per year. He also reviews the maintenance records sent to MTA, and recommends changes in the Center's programs for more cost-effective operation. All these hours should be reimbursable. At the budget subcommittee meeting, the Board members suggested that MTA staff work with the Senior Center Directors to try and find a less contentious method for determining annual Center funding, perhaps a simple formula of some kind, and a simpler, less labor intensive contract administration process. I'~ 0 ,-- C 0 > ._{-2 E O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~1.~ ~1 ' 000 000 000 000 UUU UUU UUU UUU ~000 000 000 000 5. Capital -- MTA & Senior Center The 96/7 Capital program was discussed and approved at the December Board meeting. Since then, staff has created two versions of the program: Full Funding and Fall Back. These two Five Year Programs, are provided on the following pages, along with the Fall Back program for 1996/97. The Full Funding version assumes that all possible federal and state grants are approved. It serves as a blueprint for staff submittal of grant applications. The Fall Back version attempts to be realistic, and assumes limited success with grants. This provides a more dependable tool for programming capital projects and funds. The most important conclusion is that, in order to remain prudent over the five year period, contributions to the capital reserve fund must increase to $100,000 for 1996/97 and grow to $160,000 by 1998/99. Each year, as grant applications are approved or denied, and as needs change, both programs will be updated. The 1996/97 Fall Back Program includes three changes from the program approved in December. One bus shelter was dropped and the cost of a copy machine has been increased. Most important, replacement of the fuel facility has been moved up from 97/8 to 96/7, and the cost has been cut about in half. Rather than replacing both 8,000 gallon tanks, the regulations only require an improvement in safety and detection equipment. A firm quote of $80,000 has been received for that work. Another $8,000 is budgeted for engineering and preparation of bid specifications. Although not required to be in place until January 1, 1998, our research suggests advantages to earlier construction. At least one contractor expects a flood of work in the summer and fall of 1997. That would tend to increase the cost and could result in delays. The 1996/97 program is huge, breaking the $1 million mark for the first time, mainly due to the purchase of eleven MTA vehicles plus two Senior Center vans. Despite its size, however, revenues are mostly approved already. Still subject to approval are $110,400 plus $10,000 from Section 18 Intercity for three large vans and for design of the Ukiah Transit Center. The application due on June 14, 1996 will request $165,600 for the three vans. The fall back assumption is that only two of those will be approved. From STP, $8,000 for bus stops and $8,000 for design of the fuel facility were not approved, so that revenue has been deleted. For 96/7, the other equipment projects include some replacement mobile radios, a replacement base radio in Fort Bragg and a new emergency power system in Fort Bragg. For Maintenance, a new freon recovery system, a wheel balancer and yard repairs are budgeted. MTA FIVE YEAR CAPITAL F u'n d i n g Estimate Source ,,,4/,5 ,,,5/,s Federal, Section: 18 Discretionary 68,360 0 18 Intercity 48,323 0 16 Senior/Disabled 23,955 0 State Transit Assistance* 90,000 139,140 Transport Development Act 0 0 Surface Transport, Program 0 30,450 Other 0 0 Misce Ilaneous 4,322 3,000 Transit Capital Reserve 18,.300 3,0..00 PROGRAM - FULL FUNDING 1996/97 1997/98 1998/99 1999/2000 2000/01 0 539,200 0 0 0 357,900 60,000 344,800 214,400 201,600 0 0 0 0 0 Five Year FederalTotal- - > 210,350 97,800 119,320 72,600 122,400 0 0 0 0 0 182,400 24,000 64,000 0 0 0 36,000 0 0 0 20,800 28,000 32,000 0 0: 260,950 . 0 160,~80 0 14,000~ Total Revenue 253~260 175,590 1,032r400 * 1994/95 figures include $10,000 in STA funds carried forward from 1993/94. * 1995/96 figures include $50,690 in STA Funds carried forward from 1994/95. * 1996/97 figures include $99,300 in STA Funds carried forward from 1995/96. Purchase/ Expense Replacement Vehicles: Minivans Vans- Paratransit Large Vans Buses, Used, Rebuilt Buses, 35'heavy duty Miscellaneous Actual Estimate 1994195 1995/96 0 0 89,990 0 60,870 3,000 0 0 0 0 2,987 0 Transportation 63,678 0 Maintenance 5,613 3,000 Office 3,400 1,390 Bus ~ops 0 68,900 785,000 721,000 287,000 338~000 Replace Fuel Facility - 0 Ukiah Transfer Center - 0 Total Expense 226r538 76~290 -Gain / (Loss) 26,722 99,300 1996/97 0 141,000 207,000 15o,0oo 464,ooo 1997/98 ! 998/99 1999/2000 2000/0 140,000 0 0 0 60,000 0 0 70,000 0 231,000 0 252,000 225,000 0 0 0 244,000 256,000 268,000 0 Five Year Vehicle Total- - > 7,600 5,000 2,000 3,000 2,000 10,800 21,000 17,000 5,000 3,000 16,000 2,000 7,000 3,000 3,000 8,000 8,000 8,000 8,000 8,000 8,000 20,000 - - 80,000 0 0 0 200,000 0 0 1~032~400 785~000 721,000 287,000 338~000 0 (0) 0 0 0 Senior Center Capital Funding Source: Federal: Section 16, Senior/Disabled Transit Capital Reserve 72,000 18,000 Expense: Facilities & Equipment 0 Vehicles 90r000 Gain / (Loss) 0 Transit Capital Reserve' Beginning Balance 336,539 331,701 Deposit 0 34,400 Interest 13,462 13,268 Withdrawl (18,300) (21,000) End Balance 331 r701 358r369 74,400 92,800 80,000 83,200 86,400 18,600 23,200 20,000 20,800 21,600 3,000 20,000 0 0 0 90r000 96r000 100r000 104r000 108r000 0 0 0 0 0 358,369 146,737 180,874 59,038 9{,189I 50,000 50,000 50,000 50,000 50,0001 17,918 7,337 9,044 2,952 4,559J (279,550) (23,200) (180,880) (20,800) (35,600)~ 146r 737 180r874 59r038 91 ~ 189 110r 149! / 03/29/96 5 Year Total 539,200 1,178,700 0 1,717,900 622,470 0 270,400 36,000 80,800 435,830 3; 163; 400 5 Year Total 140,000 271,000 690,000 375,000 1,232,000 2,708,000 19,600 56,800 31,000 40,000 88,000 220,000 3~ 163~400 (0) 416,800 104,200 23,000 498r000 0 250,000 41,810 (540,030) MTA FIVE YEAR CAPITAL Funding ^=,u., ~=,,=~,~ Source ~,~/,~ ,,,~/,~ Federal, Section: 18 Discretionary 68,360 0 18 Intercity 48,323 0 16 Senior/Disabled 23,955 0 State Transit Assistance* 90,000 139.140 Transport Development Act 0 0 Surface Transport. Program 0 30,450 Other 0 0 Miscellaneous 4.322 3,000 Transit Capital Reserve 18,300 3,000 PROGRAM - FALL BACK 1996/97 ! 997/98 ! 998/99 1999/2000 2000/01 0 303,200 0 0 0 302,700 60,000 223.200 0 134,400 0 0 0 0 0 Five Year Federal Total- - > 210,350 118,900 119,320 118,200 123,200 0 0 0 0 0 182,400 74,250 154,040 80,400 0 0 0 0 0 0 20,800 28,000 32,000 8,000 16,000 396,150 112,650 192,440 80 400 64,400 Total Revenue 253~260 175,590 11112~400 * 1994/95 figures include $10,000 in STA funds carried forward from 1993/94. * 1995/96 figures include $50,690 in STA Funds carried forward from 1994/95. * 1996/97 figures include $99,300 in STA Funds carried forward from 1995/96. P u r c h a s e / ^=,u=, Estimate E x p e n s e 1 994195 995/96 Replacement Vehicles: Minivans 0 Vans- Paratransit 89,990 0 Large Vans 60,870 3,000 Buses, Used, Rebuilt 0 0 Buses, 35'heavy duty 0 0 Miscellaneous 2,987 0 · Transportation 63.678 0 Maintenance 5,613 3,000 Office 3,400 1,390 Bus ~ops 0 68,900 Replace Fuel Facility - 0 Ukiah Transit Center - 0 697~000 7211000 287,000 3381000 1996/97 1997/98 1998/99 1999/2000 2000/01 0 141,000 207,000 150,000 464,000 140,000 0 0 0 60.000 0 0 70,000 0 231.000 0 252.000 225.000 0 0 0 244,000 256,000 268,000 0 Five Year Vehicle Total- - > 7,600 5.000 2,000 3,000 2.000 10,800 21.000 17,000 5,000 3,000 16,000 2,000 7,000 3.000 3,000 8,000 0 8,000 8.000 8,000 88,000 0 0 0 0 0 200,000 0 0 20,000 Total Expense 226,538 Gain/(Loss) 26,722 76,2901 1,112,400 99,300 (0) 697,000 721,000 287.000 338,000 .~0) (~ 0 (C 03/29/96 5 Year Total 303,200 720,300 0 1,023,500 689,970 0 491,090 0 104.800 846r040 3,155~ 400 5 Year Total 140,000 271,000 690,000 375.000 1,232.000 2,708,000 19,600 56,800 31,000 32.000 88,000 220,OOO 3,155,4OO (o) Senior Center Capital Funding Source: Federal: Section 16, Senior/Disabled Transit Capital Reserve 72.000 18,000 Expense: Facilities & Equipment 0 Vehicles 901000 Gain \ (Loss) 0 Transit Capital Reserve' Beginning Balance 336,539 331,701 Deposit 0 34,400 Interest 13,462 13,268 Withdrawl (18,300) (21,000) End Balance 331 r701 358r369 74.400 76,800 80,000 83,200 86,400 18.600 39,200 20,000 20,800 21,600 3,000 20,000 0 0 0 90~000 96~000 100~000 104~000 1081000 0 0 0 0 0 358,369 100.000 17,918 (414,750) 61~537 61,537 140,000 3,077 (151,85~ 52~764 52,764 2,962 61,910 160,000 160,000 160,000 2,638 148 3,096 (212,440) (101,200) (S6,000)~ 2r962 61 r910 139r006j 400,800 120,200 23.000 498~000 0 720.000 26,877 (966,24~ Z7 qC) .-.I 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ oOoOoOoOoo. . _ . . ~O~OoOo oo ~ a~ 0 .,.- r.. oa~a~ r-.c::F~ 00oc~ 0 ~ ,, ooooo ,,oo,, · c'q u) 0 0 ',~' I I 0 O_ ._e I I I I I I I ~0o I I I 0 ~ I I I o I I I I I I I o o ~ I I I I I I I I I ~-~- I~I I o°' ,, ,o OOoOo 0'~ ~ o I I I I o ~ tt) .~. ~~ ~ ~ ,~ I I I I I I I I I I I I o t'~ I I I I I I I I I I I I < 18~', °°o o o° ,'°°o°'~ I.- ,,::1' o o c~ co o o I co q::) I I I I I I I I I I I I o "" I I I I I I I I I I I I ~ " ~I I°o ,, ~ "- I I ,q. co I I I I I O m'-. t~ I I I I I I I I I I I I o a3 I I I I I I I I I I I I .mini 0 ooooo ~0~oo oo~ o ~ ~ o ~ .. ~ o ~ ~ ~ 0 ~ ~00 ~ / m ~0 0 0 0 The Senior Center section has now been slightly expanded. This was required by MCOG as they approved use of Transit Capital Reserve funds for the Centers. The new version now shows total cost of proposed projects, the value of federal grants and the amount requested from the Reserve. For 1996/97, both Redwood Coast and Ukiah Senior Centers anticipate acquiring one new van, and the Indian Senior Center requires communication equipment. In 1997/98, two more vans are requested, plus $20,000 for a garage for the Willits Senior Center. If MCOG approves the fourth Unmet Transit Need, Ukiah Senior Center's expansion of specialized service from Redwood Valley and Potter Valley to Ukiah, one additional new van would be needed that is not included here. The significant growth in the Capital Program over the next three years is mainly caused by a compression of the time frame for replacing the heavy duty fleet. Grant funding delays and long lead times for production have pushed the delivery date of the first replacement to August 1996. Two new 35 foot Gilligs will arrive then. In addition, inclusion of the Senior Center capital needs, which was strongly requested by MTA, requires additional capital funding. That money must come from TDA, and therefore, the growth of operating funds will be slower. 6 . Transit Capital Reserve This Reserve fund is actually held and controlled by MCOG for future Capital needs. Consistent with the Five Year Plan, MCOG has expanded its use to become a permanent source to match grants for vehicle replacement, to match grants for other large construction projects, and to supplement financial resources when grant applications are not successful or are inappropriate. Also, Senior Center vehicles and facilities may now receive funding. Deposit and withdrawal activity for the Reserve is shown at the bottom of both Five Year Capital Programs. Under the Full Funding Program, the annual deposits can be as low as $50,000. That would still leave a comfortable balance, falling below $60,000 only in 1999. Under the Fall Back Program, annual deposits must grow to $100,000 in 96/7, and must increase to $160,000 a year starting in 98/9. The Reserve balance would drop to practically nothing in 1999. For 1996/97, the Reserve is expected to have a beginning balance of $358,369. Using the Fall Back Program in this Draft Budget, additions include $100,000 in TDA funds plus interest, but $414,750 is budgeted for expenditure, leaving a July 97 balance of just $62,137. 7_ Unmet Transit Needs The following three new or expanded services have been selected by the MTA Board and MCOG's Transit Productivity Committee for consideration for funding in 1996/97 if sufficient money is available. In addition, the MTA Board has included the Ukiah Senior Center's request for expansion of their specialized service from Redwood and Potter Valley to Ukiah. A brief description is provided below. The numbers reference previous analyses of these needs. The table on the following page provides estimated operating statistics and performance measures to assist in MCOG's determination of whether these services can be found reasonable to meet. Costs include variable costs (drivers wages and fringes plus fuel and maintenance etc.) plus one-time start up costs for public information and promotion. Costs do not include a prorated share of administration or overhead. All other items on the unmet needs list will remain to be reconsidered in the next cycle. 1. North Coast Commute Service would originate in Mendocino and would serve Caspar, Boatyard Center and College of the Redwoods enroute to Fort Bragg, ending at the Footlighters stop. Run CC Rider seven minutes earlier in the morning to allow arrival in downtown Fort Bragg slightly before 8 am. Use a Dial-a-Ride vehicle and driver at end of the shift, leaving downtown Fort Bragg slightly after 5 pm. The afternoon service would run weekdays only, except holidays. Service would begin, if approved in May, on July 1, 1996. The estimated subsidy required for this service is $9,477. · 13b. Saturday service in greater Ukiah Run Route 9 LOCAL, excluding Mendocino College and Community Clinic on Laws, with a one hour headway from 10 am to 5 pm Saturdays. The bus would serve Dora between Laws and Washington. Service to WalMart and Friedman Brothers would not be included at this time. Service would begin on August 19 with the Fall bus schedule change. The estimated subsidy required for this service is $9,852. 56. Willits / Ukiah Saturday Bus Service Use Route 20, serving Willits, Redwood Valley, Calpella, the Forks and end at Crossroads Transit Center in Ukiah, running three round trips each Saturday. The one bus would originate in Willits. Each southbound trip would meet the 9 LOCAL at Crossroads, layover for just a few minutes, and then return to Willits. This arrangement maximizes options for riders throughout the corridor. Service would begin on August 19. The estimated subsidy required for this service is $7,075. 18. Specialized Service from Redwood & Potter Valley to Ukiah Ukiah Senior Center proposes to expand existing specialized service for their clients who live in Redwood Valley, because the bus is full, and to add new service from Potter Valley. One new round trip per day is planned. The Center plans to use an existing van, which had been scheduled to be retired in May 1996. An additional new van would be applied for from the Section 16 program which is not included in the Capital budget. If awarded, it would not be delivered until May 1997. The estimated subsidy required for this service is $21,759. mm 0 ~D I ~ .r- 0') 0 Or) 0 ,q- q5 ~ ~- 0 0 ~ CD 0 ~0 0 - ~0 0 ~0 ~ ITEM NO. 6 f MEETING DATE April 17, 1996 AGENDA SUMMARY REPORT SUBJECT: APPROVE BUDGET AMENDMENT IN THE AMOUNT OF $6,000 FOR UNANTICIPATED TRAINING EXPENSES OF SPONSORING TWO POLICE RECRUITS THROUGH THE BASIC POLICE ACADEMY In January, 1996 the Police Department filled two existing Police Officer vacancies with Reserve Police Officers at Entry Level. These two officers were the best candidates on the Entry Level eligibility list, have strong family ties to our community, and had served us well as Reserves. One candidate is bilingual. The costs of sending employees through the basic academy was unplanned and unbudgeted. These expenses will be more than 100% reimbursed by P.O.S.T. at the completion of the academy May 10, 1996, but current expenses must be addressed through the budget process. The quality of these two candidates makes our training investment very warranted. Therefore, we request an increase of $6,000 to the Police Department Training Account raising that total from $18,000 to $24,000. An intra-fund transfer of $1,875 from unexpended Polygraph Training Funds is being processed through the City Manager. It is expected that our P.O.S.T. reimbursable training revenues (Account #100-0600-487) will reach the $27,000 projected in the budget, thereby covering the increased expenditures. RECOMMENDED ACTION: Authorize budget amendment in the amount of $6,000 to account 100-2001-640 from the General Fund, Fund Balance. ALTERNATIVE COUNCIL POLICY OPTIONS: Deny request. Acct. No.: Acct. No.: Appropriation Requested: N/A ~ Citizen Advised: N/A Requested by' Fred W. Keplinger, Director of Public Safet Prepared by: Fred W. Keplinger, Director of Public Safety Coordinated with: Candace Horsley, City Manager Attachments: Budget Amendment Worksheet 100-2001-640 APPROVED BY Ca~ace Horsley, City I~anager ITEM NO. 6g DATE: APRIL 17, 1996 AGENDA SUMMARY REPORT SUBJECT: ADOPT RESOLUTION ABOLISHING ON-STREET PARKING SPACES AND ESTABLISHING A NO PARKING ZONE/BUS LOADING ZONE ON THE SOUTH SIDE OF MILL STREET ALONG THE FRONTAGE OF 209 WEST MILL STREET AND THE ADJACENT PARCEL TO THE WEST At the request of George Mayers with Ukiah Valley Association for Habilitation (UVAH), Adult Programs, the Traffic Engineering Committee reviewed the request for the removal of three (3) existing on-street parking spaces along the frontage of 209 West Mill Street and the adjacent undeveloped parcel to the west and the establishment of a loading zone and bus loading zone between the driveway of 209 Mill Street and the driveway of the adjacent westerly parcel, approximately 70 linear feet. UVAH has acquired the structure at 209 Mill Street for their new Day Care facility for adults with developmental disabilities and there is a need to load and unload their clientele from vans throughout the day. Mendocino Transit Authority (MTA) will also have a bus stopping at this location twice a day. Continued on Page 2 RECOMMENDED ACTION: Adopt the resolution abolishing on-street parking spaces and establishing a no parking zone/bus loading zone on the south side of Mill Street along the frontage of 209 West Mill Street and the adjacent parcel to the west. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Deny the request. e Direct Staff to return item for the establishment 'of a restricted parking zone in combination with a yellow loading zone directly in front of 209 West Mill Street. Appropriation Requested: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Traffic Engineering Committee Rick H. Kennedy, Director of Public Works/City Engineer Candace Horsley, City Manager 1. Resolution Candace Horsley, City Mana R:IWW:kk Adopt Resolution Abolishing On-street Parking Spaces and Establishing a No Parking Zone/Bus Loading Zone on the South Side of West Mill Street along the Frontage of 209 West Mill Street and the Adjacent Parcel to the West April 17, 1996 Page 2 To facilitate a bus loading zone, it is necessary to establish a red curb zone posted as a bus loading zone. A restricted parking zone in combination with a yellow loading zone could also accomplish the objective if the arrival and departure times for the MTA bus are consistent and all drivers of vehicles parked in this restricted zone excluding the yellow loading zone portion observe the restricted hours. The Traffic Engineering Committee recommends to the City Council that the three (3) existing on-street parking spaces along the frontage of 209 Mill Street and the adjacent westerly parcel be abolished and a red curb zone/bus loading zone be established between the driveways of these two (2) parcels. UVAH vans which transport their clientele to this location are to be considered as buses and may load and unload persons within the bus loading zone. R:lklr~:kk AMILL.209 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 ABOLISHING ON-STREET PARKING SPACES AND ESTABLISHING A NO PARKING ZONE/BUS LOADING ZONE ON THE SOUTH SIDE OF MILL STREET ALONG THE FRONTAGE OF 209 WEST MILL STREET AND THE ADJACENT PARCEL LOCATED TO THE WEST WHEREAS, the City Council may by resolution designate portions of streets upon which the standing, parking, or stopping of vehicles is prohibited or restricted pursuant to Article 11, Chapter 1, Division 8, of the Municipal Code; and 'WHEREAS, the Traffic Engineering Committee (Traffic Engineer) considered the request for the elimination of three on-street parking spaces and the establishment of a bus loading zone on the south side of Mill Street in front of 209 West Mill Street; and WHEREAS, a bus may stop in a no parking zone or red zone if marked or signed as a bus zone pursuant to the California State Vehicle Code; and WHEREAS, the Traffic Engineer recommends that the request for a bus loading zone in front of 209 West Mill Street for the purpose of benefiting adults with developmental disabilities be approved. NOW, THEREFORE, BE IT RESOLVED by the Ukiah City Council that the three existing on-street parking spaces on the south side of Mill Street along the frontage of 209 West Mill Street and the adjacent parcel to the west are abolished and a no-parking zone/bus loading zone shall be established in the location of the abolished on-street parking spaces between the existing driveway of 209 West Mill Street and the existing driveway of the adjacent parcel to the west of 209 West Mill Street, approximately 70 linear feet. For the purposes set forth herein, a vat', owned and operated by or operated on the behalf of the Ukiah Valley Association of Habilitation for the purposes of transporting adults with developmental disabilities shall be considered as a bus. 1 4 5 6 ? 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 17th day of April, 1996, by the following roll call vote. AYES: NOES: ABSENT: ABSTAIN: Fred Schneiter, Mayor ATFEST: Cathy McKay, City Clerk B:RE$1 MILL.209 ITEM NO. ~ J~ DATE: APRIL 17, 1996 AGENDA SUMMARY REPORT SUBJECT: WAIVE IRREGULARITY IN BID NOT MATERIAL TO COST OR PERFORMANCE AND AWARD CONTRACT TO T AND T PAVING, INC., dba VALLEY PAVING OF REDWOOD VALLEY, IN THE AMOUNT OF $13,088.98 FOR THE CONSTRUCTION OF A.D.A. CURB RAMPS (PHASE I) NEAR MAIN STREET LIBRARY AND LOW GAP ROAD COUNTY BUILDINGS, SPECIFICATION NO. 95-20 In response to the City's Notice Inviting Bids dated March 21, 1996, the City Clerk received and opened five (5) sealed proposals on April 9, 1996, for the A.D.A. Curb Ramps, Phase I, project. The project provides for the construction of A.D.A. curb ramps at six (6) locations. The lowest responsible bidder is T and T Paving, Inc., dba Valley Paving of Redwood Valley, however, their bid contains an CONTINUED ON PAGE 2 RECOMMENDED ACTION: 1. Waive the irregularity in the bid of T and T Paving, Inc., dba, Valley Paving which is not material to cost and performance of the work; and 2. Award the contract to T and T Paving, Inc., dba, Valley Paving in the amount of $13,088.98 for the construction of A.D.A. Curb Ramps (Phase I) near Main Street Library and Low Gap Road County Buildings, Specification No. 95-20; and 3. Authorize the use of unobligated funds within Account No. 300-9631, Curb, Gutter, Sidewalk Repair, in the amount of $3,789 of which $2,489 is to be utilized to fund the contract above the funding level approved by MCOG and $1,300 is to be reserved for cost overruns by reason of actual quantities exceeding estimated quantities and/or for unforseen work. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Not waive irregularity in the bid of T and T Paving, Inc., aba, Valley Paving and award bid to Arcadian Enterprises, Shasta Lake in the amount of $13,980 and authorize use of adequate funds from Account No. 300-9631. 2. Not award project and instruct Staffto downsize project to the funding level approved by MCOG and re-advertise the project. Appropriation Requested: N/A Citizen Advised: N/A Requested by: Rick H. Kennedy, Director of Public Works/City Engineer Prepared by: Coordinated with: Attachments: Rick H. Kennedy, Director of Public Works/City Engineer Candace Horsley, City Manager 1. 2. 3. 4. 5. 6. Bid proposal from T and T Paving, Inc., dba, Valley Paving Bid Summary Tabulation. Listing of locations to receive A.D.A. ramps under the contract. Funding approval from MCOG. Quarterly Report for Project. Expenditure Guideline for Fund 300 as of February 29, 1996. APPROVED: ~...~ dace orsley, City Mana R:i~V:kk ATTPAVING Waive Irregularity in Bid not Material to Cost or Pertbrmance and Award Contract to T and T Paving, Inc., dba Valley Paving of Redwood Valley, in the Amount of $13,088.98 for the Construction of A.D.A. Curb Ramps (Phase I) near Main Street Library and Low Gap Road County Buildings, Specification No. 95-20 April 17, 1996 Page 2 irregularity to the bid requirements that is not material to cost or performance. The second lowest responsible bidder is Arcadian Enterprises of Shasta Lake with a bid of $13,980. The Engineer's Cost Estimate is $13,082.50. If awarded, compensation for the performance of the work will be based on unit prices bid for contract item quantities actually installed. Bid totals are based on unit prices bid for contract items at estimated quantities, and, therefore the actual total paid to the contractor may be lower or higher than the bid total indicated. Bid Summary results are attached. Regarding the irregularity in the bid received from T and T Paving, Inc., dba, Valley Paving, the bid instructions require all bidders to indicate in both writing and in numerals the unit price bid for each contract item. The low bidder indicated unit prices bid in numerals only. It is StafFs opinion that this irregularity is not material to cost or performance of the work and may be waived by the City Council. This project was to be funded in its entirety with grant funds from the Mendocino Council of Governments (MCOG) Bike and Pedestrian 1995/96 Fiscal Year Program. On August 7, 1995, the MCOG Board approved the Project for funding in the amount of $10,600. Because of complexities not foreseen at the time of the application for these funds, the work contemplated exceeds the funding level approved by MCOG. Staff proposes to the City Council that remaining and unobligated funds in account 300-9631, Curb, Gutter, Sidewalk Repair, be utilized for that portion of the contract exceeding the MCOG funding level or approximately $2,489. The current balance in this fund as of February 29, 1996 is $14,780. As with all construction projects there are cost overruns by reason of unforeseen work and/or because actual quantities installed exceed estimated quantities. Policy Resolution No. 13, authorizes the responsible Department Head with approval of the City Manager to issue change orders not exceeding 10% of the original contract sum or $5,000 whichever is greater provided that no change exceeds the amount budgeted for the Project. The Director of Public Works requests that an additional $1,300 for prospective cost overruns be allocated to this Project from Account No. 300-9631 for a total reallocation from this account of $3,789. R:l~,V:kk AFl'PAVING CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA PROPOSAL FOR A.D.A. CURB RAMPS (PHASE I) NEAR MAIN ST.~ LIBRARY AND LOW GAP RD. COUNTY BUILDINGS Specification No. 95-20 The undersigned, as bidder, declares that he has examined thoroughly all of the contract documents herein contained, that this proposal is made without collusion with any other person, firm or corporation and that all laws and ordinances relating to the interest of public officers in this contract have been complied with in every respect. AND he proposes and agrees, if this proposal is acc_,~pted, 1) that he will contract with the City of Uldah, Mendocino County, California, in the form of the copy of the agreemen! herein contained a) to provide all necessary machinery, tools, apparatus and other means of construction; b) to furn!.~h all materials c) to provide all superintendence, overhead expenses and all labor and expenses of whatever nature necessary to complete the job in conformity with the specifications and drawings and other contract provisions herein or reasonably implied hereby or as necessary to complete the work in the manner and within the time named herein and according to the requirements and to the reasonable satisfaction of the City Engineer; d) to pay all charges of freight transportation and hauling; ' 2)' ' that 'he indemnifies the City against any loss or damage arising from any act of the undersigned as Contractor; and 3) that he will accept as full payment therefor the following sums: R:rtm~proj 4~ Spec. No. 95-20 / BIDDING SCHEDULE ITEM QUAN'HTY DESCRHrHON AND UNIT PRICE BID AMOUNT FOR NO. ITEM 1. 84 LF Saw Cut Concrete Sidewalks, Curb and Gutter and Valley Gutters for a price per linc'ar foo~f /. 5'(o r :2. 180 LF footSaw ofCut A~phalt Concret~ for a price per ~ 3. 131 LF Remove PCC Curb and gutter for a price per linear foot of .i 4. 635 SQFT Remove PCC Sidewalk for a price per ~quar¢ foot of $1~c. No. 95-20 46 R:r~n~proj 5. 78 SQFT Remove PCC Valley (]utter for a price per square foot of 6. 2:56 SQFT Remove Asphalt Concrete Pavement for a price per ~quare foot of ,,, $ ~-~q.~4~ 7. 131 LF Concrete Curb and (]utter for a price per linear foot of · /~: ~ 8. 78 SQFT Concrete Valley Gutter for a price per square foot of ,, ._ /~.¢~ 9. 63:5 SQFT Concrete Sidewalk and Wheelchair Ramps for a price per Ii,esr-foot of · · R:rampproj 47 Spec. No. 95-20 10. 256 SQFT Type B Asphalt Concrete Pavement for a price per square foot of , ! In case of discrepancy between words and figures, the words shall prevail. We, the undersigned, further agree, if this proposal shall be accepted, to sign the agreement and to furnish the required bonds with satisfactory surety, or sureties, within fifteen (15) calendar days after written notice that the contract is ready for signature; and, if the undersigned shall fail to contract, as aforesaid, it shall be understood that he has abandoned the contract and that, therefore, this proposal shall be null and void and the proposal guaranty aCCOmpanying this proposal, or the amount of said guaranty, shall be forfeited to and become the property of the City. Otherwise, thc proposal guaranty accompanying ~ proposal shall be returned to the undersigned. Witness our hands this day o · u~ ~ ~r~ ~*,~ ~. p~o~ fo~ ,~ .~g o~ ~~or', U~ ~o./~ 7 ~/¢//. ,~on date ~~'~/· '~/91 /C/7 THE CONTRACTOR'S LICENSE ~ER AND EXPIRATION DATE STATED HEREIN ARE MADE UNDER PENALTY OF PEIUURY. Signature of bidder or bidders, with business addresses: Notice: h ~e ~ of a w~r~, ~ve ~low &e ~~ of &e ~~ o~ &e~f ~ ~es ~ ~ses of ~e ~esident, S~~, Tr~er. Spec. No. 95-20 FAIR EMPLOYMENT PRAI~TICES CERIqFICATION TO: The undersigned, in submitting a bid for performing the following work by Contract, hereby certifies that he has or will meet the standards of affirmative compliance with the Fair Employmem Practices requirements of the Special Provisions contained herein. A.D.A. CURB RAMPS (PHASE I) NEAR MAIN ST. LIBRARY AND LOW GAP RD. COUNTY BUH. DINGS (Signature of Bidder) Business Address: (The bidder shall execute the certification of thiz page at the time of ~ubmitting his proposal.) R:rtmppro~ 49 Spec. No. 9~-20 WORKEWS COMPENSATION CERTWICATE I am aware of the provisiom of Section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or undertake self-insurance in accordance with the provisions of that code and I will comply with such provisions before commencing the performance of the work of this contract. Witness my hand this ~ day of ,1993 Signature of Bidder, with Business Address: R:rampproj $1 Spec. No. 95-20 CERTWICATION OF NONDISCRIMINATION IN EMPLOYMENT The bidder represents that he has--t, participated in a previous contra~t or subco~act subject to either the equal oppommity clause herein or the clause contained in Section 301 of Executive Order 10925; that he has/has, or, filed all required compliance reports; and that representations indicating submission of required compliance prior to ~bcontract awards. Signature and address of Bidder: fl'his certification stroll be executed by the bidder in accordance with Section 60-1.6 of the Regulations of the President's Committee on Equal Employment Opportunity for implementing Executive Orders 10925 and 11114.) R:rampproj ~3 Spec. No. 95-20 LIST OF PROPOSED SUBCONTRACTOR8 In compliance with the provisions of Sections 41004108 of the State Government Code and any amendments thereof, each bidder shall set forth (a) the name and location of the place of business of each subcontractor who will perform work or labor or render service to the Contractor in or about the construction site in an amount in excess of one-half of 1 percent of the total bid and (b) the portion of the work to be done by each subcontractor. R:r~mpproj Spec. No. 95-20 STATEMENT OF EXPERIENCE OF BIDDER The bidder is required to state below what work of similar magnitude or character he has done and to give references that will enable the City Council to judge of his experience, skill and business standing and his ability to conduct work as completely and rapidly as required under the terms of the contract. R:mn~roj 57 Spec. No. 95-20 SIGNATURE¢S~ OF BIDDER Accompanying this proposal is j~..~~ ~ ~ (insert the words 'cash ($)', '~er's check' or 'bidder's bond', as the case may be) in an amount equal to at least 10 percent of the bid. The names of all persons interested in the foregoing proposal as principals are as follows: IMPORTANT NOTICE: If bidder or other interested person is a corporation, provide the legal name of corporation and also the names of the president, secretary, treasurer and manager thereof. If a co- partnership, provide the true name of firm and also the n:~mes of ali individual co-partners composing the firm. If bidder or other interested person is an individual, provide the first and last names in full. Licensed in accordance with an act providing for the registration of Contractors: License No. Signature(s) of Bidder: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a copartnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts in behalf of the coparmership; and if bidder is an individual, his signature shall be placed above. If a member of a parmership, a Power of Atwrney must be on £Lie with the Department prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized. Business address: Place of residence: R:r~mpproi Spec. No. 9~-20 A AMERICAN CONTRACTORS INDEMNITY COMPANY 9841 AIRPORT BOULEVARD. SUITE 916. LOS ANGELES. CALIFORNIA 90045 (310) 649-0090 BOND NO. 1729-6 PREMIUM BBSU BID DATE: BID BOND KNOW ALL MEN BY THESE PRESENTS, Thatwe, T & T Pavinq Inc., DBA Valley Paving (hereinafter called Principal), as Principal, and AMERICAN CONTRACTORS INDEMNITY COMPANY, a corporation, organized and existing under the laws of the State of California and authorized to transact a general surety business in the State of C a 1 i f o r n i a (hereinafter called Surety), as Surety, are held and firmly bound unto the City of Ukiah (hereinafter called Obligee) in the penal sum of ?eh percent (. 1 0 %) not to exceeed One_ Thousand Five Hundred and No/100--- Dollars($ 1,500.00-- ) for the payment, of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly ~nd severally, firmly by these presehts. THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for ADA curb ramps (Phase I), concrete curbs, gutters, asphalt pavement ., NOW, THEREFORE, if the said contract be awarded to the Principal and the Principal shall, within such time as may be Specified, enter, into the contract in writing, and give bond, with surety acceptable to the Obligee for the faithful .. performance of the said contract; or if the Principal shall fail to do so, pay the Obligee the damages which the Obligee may · suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALEDAND DATEDTHIS 3rd DAYOF April ,19 96 . T & T Paving Inc., DBA Valley Pavinq _ Principal AM~RIC~ CONTRACTORS INDEMNITY COMPANY Nah~y~: Wallis ~ Attorney-in-Fa~~, AMERICAN CONTItACTORS INI)EMNITY COMPANY Los Angeles. California i~)WER OF A'i'I~RNEY KNOW Al, l, MEN ilY 'I'llESi~ I)RESI.:N'I~: 'that AMERICAN CONTI{ACI'ORS INI)I.:MNITY COMPANY. a California Carl)oration (lis(: 'Company"). and having its principal office in Los Angeles. California does here. I)y constitute and appoint: Nancy L. Wallis of Santa Rosa, California as its tmie_ and lawful Atto'rncy(s)-in-fact, in amount of $ ! ;200 ;00O ~00to execute, seal and deliver for and on ils behalf as surely, any altd ali bonds atttl underlakings, recognizances, contracts of in¢lemnily and ()liter writings obligatory in the nature - Ilmreof. whiclt are or lnay be allowcxl, required or permitled by law. statute, nde. reg'ulalion, contract or otherwise, and the execution of suclt instrument(s) in pursuance of these presents, shall be as binding upon lhe said AMERICAN CONTI{ACTORS INI)I.:MNrI'Y COMPANY. as fully and amply, to all intents and imrposcs, as if lite same had been duly executed al~tl acknowledged by its regularly elecled officers at ils principal office. This Power of Attorney is execuled, and may be certified to and may be revoked, pursuant to and by authority of resolutions adopled by lite Board of Direclors of AMERICAN CONVFRACI'OIIS INDEMNITY COMPANY. al a meeting called and held on lite 6lit day of December. 1990. I{ESOI.VEI) Ihal Ihe Chief Exeoflive Officer. President or any Vice Presidenl. Exeoflive Vice Presidenl. Secretary or Assistant Secretary. slmll ltave power and aulhorily. I. 'lk) al)point Attorney(s)in-facl and to authorize lhem lo exec'~te on lmitalf of lite (~,nlmny, and attad~ the ~ of the Company Ilm,x:to. bonds and un(le~akingm, contrads of indesnnily and other wrilin{~,~J obligmlory itt lite ltaltlFe thereof and. 2. '1'o remow.,, at any lime, any such Altorney-in-fact and revoke lite aulhority g4ve~t. I~I']SOI.VI';I) FUIVI'IlElt. tlmt the signature of such officers and lite seal of the Company may I)e affixed to any such power of attorney or any certificate relating Iherlo by facsimile, and any such power of altorney or certificate bearing such facsimile signalures or facsmile seal sltall be valid arid binding upon the Company and any such power so execuled and cerlified by facsimile signatures and facsimile seal shall be valid and binding upon tim Company in lite future wilh respect lo any bond or underlaking to wlticlt it is allached. IN WITNESS WIIEltl'X)F, AM i'.'RICAN CONTRACTORS INI)EMNITY COMPANY has caused lids instrumenl lo be signed and ils c~poratc seal Io be affixed by its authorized officer this 1 day of March 19 ............. . gl'A'l'l'~ O F CA 1.1 FO R N I A COUNTY OF !.()."; ANGEI.I'.'S Skipper O. Ba,u.m~gaYt~n, l'.'esident / ~ On March 1, !996 i,efore me. Deborah Reese personally api.:ared Skipper G. Baumgarten ][Yq)ers~)nally known lo me - ()R - ~ i)roved Io me on the basis of satisfaclo~ evidence Io l)e the i)erson(s) whose name(s) is/are subscribc~l Io lite willdn inslnunenl and acknowl~lged Io me lhal he/she/they execuled II~e same in lfis/her/Iheir authorized caimcily(ies), nnd Ilml by l~is/her/Iheir sigmalure(s) on lhe insln~menl Ihe imrsm~(s), or lhe enlily upon behalf of which the i)ersofl(s) acted, executed tim insln~menl. CI'~I{'I'! FICATI()N COMM. · I{M&~J~ Nolfl~ Pt~lic -- California LOS ANGELES COUN~ ~-- C~m. Expi~ JAN 16. ..... ~,VI'I'N ! I st:al. I':SS ~t~y Itatt(! ;sit( ()ffi(:ia 1. Ill(: undersiglte~! officer of AMElilCAN C()NTI{ACTOItS INI)EMNITY (:()MI)ANY do hercl)y certify that I have colnpared the foregoi~tg copy of lite Power of AIIorney and affidavil, and the copy of lite rcsolulio~t adoplcd by lite Board of l)ireclors of stti¢l (:o~ttpany as set forllt in sat(! Power of Allorney. willl the ORIGINAI.S ON l:lI.E IN TIlE I IOME OFFICE OF SAIl) COMPANY, aitd II,ti Sallie are corrccl Iranscrii)ls Iltereof aitd of the wllole of lite said originals, and Ilutt lite said Power of Attorney has nol beel~ revoked uitd is ltow iii full force and effecl. IN 'I'I';N'I'IM()NY %VI II'~I{E()F, I lmv(: lu:rultlo se! Iny ltnll(I titis__.._3.~ .C]_ ....... (lay ()f 1:~96 _. ~pril ................................ Assistant John S. Su. git9 / NON-COLLUSION AFFIDAVIT Note: Bidder shall execute the affidavit on this page at the time of submittin_~ his bid. To City Council, City of Uidah: The undersigned in submitting a bid for performin~ A.D.A. Curb Ramps (Phase I) Near Main St. Library and Low Gap Rd. County Buildings by contract, being duly ~vorn, deposes and says: That he has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract. Business Address: Signature(s) of Bidder Place of Residence: NOTARIZATION Subscribed and sworn to before me this,,,,(~ Spec. No. 95-20 i mcrt'ooctno council ot: c3oveea nene$ uktah, c~k~Fo~n~ 954 8 ~ (707) 463-4470 August 11, 1995 Rick Kennedy City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 RE: 1995/96 Bike & Pedestrian Applications Dear Rick: I am pleased to inform you that at their meeting of August 7, 1995, the Mendocino Council of Governments accepted the TAC's recommendation to approve the following Bike & Pedestrian application for 1995/96: City of Ukiah ADA Curb Ramps (Phase I) $10,600 Please begin your activities as soon as possible to assure completion of this project before June 30, 1996. If you should have any questions, please feel free to ca].l me at the above number. Sincerely, Mary Hiatt MCOG Executive Secretary MH/ct cc: Ed Collins, Auditor's Office 300 S~I~,~A~VE., UKIAH, CA 95482-5400 · ADMIN. 7071463-6200 · PUBLIC SA/:EIY 463-6242/6274. · · FAX # 707/46~J-6204 · January 12, 1996 Mary Hiatt, Executive Secretary Mendocino Council of Governments Mendocino County Courthouse Ukiah, California 95482 RE: QUARTERLY OVERALL WORK PROGRAM STATUS REPORT Dear Ms. I liatt: Enclosed are the quarterly reports for work items No. 5, "Traffic Sign Reflectorization Survey", No. 16, Ukiah Airport CLUP", and No. 19, "Signal Coordination Feasibility for State Street". Regarding the City's ADA Curb Ramp Project (Phase I) approved for funding under the 1995/96 Bike and Pedestrian Program, I am pleased to report that we are approximately 60% complete with the design and contract documents. This project will be ready for construction in April of 1996, and should be completed prior to the end of May. Sincerely, . · ~ Y En/eeg~n Director of Public Works/City r cc: Candace Horsley, City Manager Larry Woods, Senior Civil Engineer IIIIK:kk R:I~/ UHATI'.I3 'We Are Here To .Serve" ;I I ITEM NO. MEETING DATE AGENDA SUMMARY REPORT April 17, 1996 SUBJECT: DECLARE PUBLIC SAFETY DEPARTMENT VEHICLES SURPLUS AND APPROVE SALE The Ukiah Police Department currently has two vehicles we are requesting be declared surplus property. We are seeking authorization to sell the vehicles through advertisement or trade-in. One vehicle is a 1991 Chevrolet Caprice, #4192, which has been cycled out of the Patrol fleet; and, the other is a 1987 Monte Carlo, #4270, which was a Detective Unit that we purchased from the State for one dollar in 1990. The proposal is to deposit the proceeds from our sale of the surplus vehicles to the Ukiah Police Department's account in the Fixed Asset Fund (698-275-201) and purchase a newer, used, mid-sized car to be assigned to the Detective Division, replacing the Monte Carlo. This flexibility will allow us to defer the purchase of any new Police Patrol vehicles this year at substantial savings to the City. RECOMMENDED ACTION: Declare vehicles surplus property and allow Department of Public Safety to sell or trade these vehicles for a newer, serviceable Detective vehicle. (If sold, proceeds to be deposited in Account 698-275-201 until replacement can be secured.) ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Declare vehicles surplus property and dispose of them through the Purchasing Department. 2. Declare vehicles surplus property, authorize sale, and direct proceeds to the General Fund. 3. Deny request. Acct. No.: (if NOT budgeted) Appropriation Requested: N/A Citizen Advised: N/A Requested by: Fred W. Keplinger, Director of Public Safety Prepared by: Fred W. Keplinger, Director of Public Safety Coordinated with: Candace Horsley, City Manager Attachments: Surplus Property Form Acct. No.: APPROVED b(~ Candace Horsley, City h~anager £ITV OF UK!RH SRL. E OF SURPLUS 300 SEMINARY AVE. OR OBSOLETE MATERIALS/USED EQU]PNENT AND UKIAH, CA 95482 SUPPLIES_ -.. DATE:. i REVENUE ACCOUNT NUMBER: COMPLETE THIS FORM AND SUBMIT TO THE DIRECTOR OF FINANCE. QUANTITY QUANTITY ESTIMATED SALES ON HAND SOLD DESCRIPTION VALUE PRICE ,, PROCEDURES FOR SALES OF SURPLUS OR OBSOLETE MATERIALS, USED EQUIPMENT, AND SUPPLIES In order to process materials or equipment found to be surplus or obsolete within each City Department, the following procedure is established: 8 On a quarterly basis (July 1, October 1, January 1, Apdl 1), each City Department Head completes and submits a prescribed form listing all materials and equipment found to be surplus or obsolete to the Director of Finance for approval. Copies of the completed form are distributed to the City Manager and Purchasing/Warehouse Supervisor. . Those items listed as surplus will continue to be housed within the Department requesting disposition until a sale is completed or date of auction. . Copies of the items listed as surplus are distributed by the Director of Finance to all Department Heads for possible recycling. . Surplus item forms are attached to a resolution for presentation to the City Council for approval of the surplus sales within the same month received by the Director of Finance. . Upon City Council approval, the Purchasing Department will follow City Code Section 1533, Procedures for Sale of the Surplus Items. a. Purchasing Department will solicit bids on surplus wire and scrap iron from local and outside dealers of these commodities. b. Purchasing Department will coordinate public auctions with the County of Mendocino, joining with them for the sale of surplus items. The auctioneer will publicize the date of auction and items available for sale. 0 Purchasing Department will coordinate the moving of surplus items to the auction site during the week immediately preceding the auction. d. Following the auction, the auctioneer will provide a list of items sold, the selling pdces, and the funds received to the Purchasing Department. e. Specialty items (i.e., electric transformers) or extremely large items which cannot be moved to the auction site, will be advertised for sale in the local newspaper or through direct contact with governmental agencies or purchasers appropriate to the specialty surplus items by the Purchasing Department. Dudng those times of the year that items are declared as surplus by the City Council that do not coincide with the annual public auction conducted by the County, items for sale will be advertised by the Purchasing Department and closed bids will be accepted by the City Clerk. Bids will be opened at a designated time and the high bidder will be notified by the Purchasing Department. In the event of the high bid ending in a tie for any item, all bids will be rejected and the bid process will be repeated, with the tie bid as the new minimum bid. 6. If after completing steps 1-5 above, any item is not sold or recycled, and it is not reasonable to assume that the item can be sold or recycled, the purchasing agent is authorized to dispose of such item by any safe and lawful method. 4:Fin:SUrl~US ITEM NO. Oa DATE: APRIL 17, 1996 AGENDA SUMMARY REPORT SUBJECT: ADOPT RF_$OLUTION APPROVING THE NON-DISPOSAL FACILITY ELEMENT (NDFE) AS REQUIRED BY THE CALIFORNIA INTEGRATED WASTE MANAGEMENT ACT OF 1989 (AB 939) Pursuant to AB 939, the City is required to prepare and adopt a "Non-disposal Facility Element" (NDFE) identifying the non-disposal facilities which shall be used by the City to assist in reaching the diversion mandates of its Source Reduction and Recycling Element (SRRE). A non-disposal facility is defined as a facility which recovers for reuse or recycling at least five percent (5 %) of the total volume of material received by the facility. A comprehensive NDFE has been prepared by the Mendocino Solid Waste Management Authority (MSWMA) on behalf of all the participating jurisdictions. The MSWMA board and AB 939 Local Task Force have reviewed and approved the NDFE. CONTINUED ON PAGE 2 RECOMMENDED ACTION: The City Council conduct the public hearing on the NDFE; accept input from citizens and Council members; and adopt the resolution approving the NDFE including recommendations 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 NDFE 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, Public Works Administrator Coordinated with: Rick Kennedy, Director of Public Works/City Engineer and Candace Horsley, City Manager Attachments: 1. Letter from Mike Sweeney, Manager, MSWMA, March 22, 1996 2. Public Hearing Notice 3. Resolution adopting NDFE (NDFE is Exhibit A) dated APPROVED: x_.~ Candace Horsley, City Manage[ R:I ~ANDFILL:kk Resolution Approving the Non-disposal Facility Element (NDFE) as Required by the California Integrated Waste Management Act of 1989 (AB 939) April 17, 1996 Page 2 This informational document was initially presented to Council on December 6, 1995 for review and comment. On March 22, 1996, the City Manager received a letter (attached) from Mike Sweeney, Manager of MSWMA, requesting the City schedule a public hearing for adoption of the NDFE. This same request was made of the County of Mendocino and the Cities of Willits and Fort Bragg. A copy of the revised NDFE is attached as Exhibit A to the Resolution. The only changes made to the document from the NDFE previously reviewed by Council are as follows: UKIAH TRANSFER STATION, PAGE 6 Type of Facility - "The facility will be owned by the Mendocino Solid Waste Management Authority and operated by a private company, not yet determined." is revised to read: "The site will be owned by the Mendocino Solid Waste Management Authority and operated by a private company, not yet determined." Participating jurisdictions - "The facility will serve the unincorporated County of Mendocino, the City of Ukiah, the City of Willits, and, possibly, the City of Fort Bragg." is revised to read: "The facility may serve any portions of the unincorporated County of Mendocino, the City of Ukiah, the City of Willits, and the City of Fort Bragg which elect to use it." WILLITS TRANSFER STATION, PAGE 6 T._vpe of Facility - "It will receive self-haul waste in a roll-off box, and will be integrated with a drop-off and buy-back recycling center. It will be owned and operated by Solid Wastes of Willits." is revised to read: "It will receive waste in a roll-off box or compactor, and will be integrated with a drop-off and buy-back recycling center. Ownership and operation is still undetermined." The Notice of Public Hearing for adoption of the NDFE was published in the Ukiah Daily Journal on Sunday, April 7, 1996. The document has been available for public review in the office of the City Clerk since April 8, 1996. If the NDFE is approved by the City Council, a resolution adopting the document as part of the City's Solid Waste Plan is required. Attached is a resolution for adoption. Mike Sweeney, Manager, for the Mendocino Solid Waste Management Authority will be present at the April 17, 1996 City Council meeting to answer any question about the NDFE and its development. R: 1 ~NDFILL:kk AANDFE Mendocino Solid Waste Management Authority A Joint Powers Agency Michael E. Sweeney Manager P.O. Box 123 Ukiah, CA 95482 Telephone (707) 468-9710 Fax [707] 468-3877 March 22, 1996 Candace Horsley City Manager City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 RE: Nondisposal Facility Element Dear Candace: Enclosed is the proposed multi-jurisdictional Nondisposal Facility Element for consideration and adoption by the City of Ukiah. This Element is part of the mandatory Integrated Waste Management Plan for the county and its cities. As you can see, it is strictly informational in nature. The preliminary draft of the NDFE has already been circulated to the Local Task Force and the four jurisdictions. The LTF had no written comments on the NDFE and expressed its approval. The procedure for adoption by your jurisdiction is the following: 1. Schedule a public hearing for adoption of the NDFE. [CCR 18766] 2. Give 10 days advance notice in a newspaper of general circulation of the public hearing. [CCR 18766]. 3. Consider all comments of public on the NDFE and adopt it by resolution. Upon adoption of the NDFE by all four jurisdictions, I will submit it to the California Integrated Waste Management Board for their approval and we will have completed one more task required by AB 939. Please call me if you need any additional information. I would be-happy to attend the public hearing when it is scheduled. If you wish, I can be available to discuss any other MSWMA-related topics at the same time. Sincerely, Mike Sweeney enclosure P.S. The NDFE is copied single-sided for your convenience in making duplicate copies. MSWMA encourages double-sided copying whenever it is feasible. -2- NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Ukiah, California, will hold a public headngregarding: ADOPTION OF THE NONDISPOSAL FACILITY ELEMENT (NDFE) dated March 22, 1996 AS PREPARED BY THE MENDOCINO SOLID WASTE MANAGEMENT AUTHORITY (MSWMA) PURSUANT TO AB 939 AS MANDATED BY THE STATE OF CALIFORNIA. The NDFE is available for review in the Office of the City Clerk, Civic Center, 300 Seminary Avenue, Ukiah, California. Said hearing is to be held on April 17, 1996 at 7:00 p.m., or as soon thereafter as the same may require, in the Council Chambers, 300 Seminary Ave., Ukiah, CA., at which time and place all persons interested may appear and be heard. Anyone wishing the City Council to consider a document exceeding 250 words must submit the original document and seven (7) tegible copies to the City Clerk not less the six (6) calendar days prior to the scheduled meeting date. If you challenge the above matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or m written correspondence delivered to the Council at the time of the hearing. Please pass this notice on to your neighbors, friends, or other interested parties. You are encouraged to discuss this informational document with, express any view you may have, or request additional information from the Public Works Administrator at the Civic Center, 300 Seminary Avenue, 463-6286 s/Cathy McKay CMC/AAE, City Clerk Publish: April 7, 1996 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 23 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF UKIAH ADOPTING THE NON-DISPOSAL FACILITY ELEMENT (NDFE) AND ESTABLISHING IT AS A PART OF THE CITY OF UKIAH'S SOLID WASTE MANAGEMENT PLAN WHEREAS, the California Integrated Waste Management Act of 1989 (AB 939, SliER) requires each city and county in California to prepare a Non-disposal Facility Element (NDFE); and WHEREAS, the cities of Ft. Bragg, Willits, and Ukiah and the County of Mendocino joined together through the Mendocino Solid Waste Management Authority (MSWMA) to have a single document prepared which incorporates transfer stations, recycling processing facilities, and composting facilities as facilities necessary to implement the jurisdictions' waste diversion goals; and WHEREAS, the document has been approved by the AB 939 Local Task Force and the Mendocino Solid Waste Management Authority; and WHEREAS, the required Public Hearing has been held on April 17, 1996 and public comment received; and WHEREAS, appropriate modifications have been incorporated into the Non- disposal Facility Element to reflect the hearing process; and WHEREAS, the City Council or the City of Ukiah has determined that the document meets the requirements set forth in the California Integrated Waste Management Act of 1989 (AB 939, SHER); and appropriately identifies the needs and implementation measures for the City of Ukiah. NOW THEREFORE, BE IT RESOLVED, that the Non-disposal Facility Element III Nondisposal Facility Element County of Mendocino City of Ukiah City of Fort Bragg City of Willits 1. Introduction California Public Resources Code Sections 41730 et. seq. require every California city and county to prepare and adopt a Nondisposal Facility Element (NDFE) for all new nondisposal facilities, and any expansions of existing nondisposal facilities, which will be needed to implement local Source Reduction & Recycling Elements (SRREs). A nondisposal facility is defined as any solid waste facility required to obtain a state solid waste facility permit except a disposal facility or a transformation facility (PRC Section 40151). This multi-jurisdictional NDFE is prepared on behalf of the County of Mendocino and the cities of Ukiah, Fort Bragg and Willits by the Mendocino Solid Waste Management Authority, a joint powers agency formed by those jurisdictions in 1990. It identifies transfer stations, recycling processing facilities, and composting facilities as facilities necessary to implement the jurisdictions' waste diversion goals. 2. Mendocino County's waste diversion strategy In the multi-jurisdictional SRRE, a strategy of source separation was adopted to divert solid waste from disposal. This includes curbside recycling, commercial recycling, and drop-off recycling to allow waste generators to separate out recyclables from trash. In order to implement this strategy, a variety of nondisposal facilities are needed. These include: · Transfer stations with extensive drop-off recycling services. NDFE - PAGE I · Composting facilities to process yard waste and wood waste. · Recycling processing facilities to prepare recyclables for shipment to market. 3. Transfer stations As a rural area, Mendocino County has a high proportion of self-haulers who bring their own trash to transfer stations or landfills. Extensive recycling opportunities must be provided at transfer stations. As of November, 1995, there were five small-volume transfer stations operating in Mendocino County: Albion, Caspar, Covelo, Boonville and Potter Valley. Three additional small-volume transfer stations are planned: Laytonville, Willits and South Coast. A large-volume transfer station is planned for Ukiah. Albion Transfer Station Type of Facility Location Facility capacity Expected diversion rate Participating jurisdictions The Albion Station is a small-volume transfer station using a roll-off container to receive self-haul waste, together with smaller containers for source-separated recyclables. Owned and operated by the County of Mendocino. Albion Ridge Road, Albion Receives approximately 650 tons per year of waste and 222 tons per year of recyclables. 25 percent of material received is recycled. The facility serves the unincorporated County of Mendocino. NDFE - PAGE 2 Boonville Transfer Station Type of Facility Location Facility capacity Expected diversion rate Participating jurisdictions The Boonville Transfer Station is a small-volume transfer station using a roll-off container to receive self-haul waste, together with smaller containers for source-separated recyclables. Owned and operated by the County of Mendocino. Mountain View Road, Boonville Receives approximately 650 tons per year of waste and 332 tons per year of recyclables. 34 percent of material received is recycled. The facility serves the unincorporated County of Mendocino. Caspar Transfer Station Type of Facility Location Facility capacity Expected diversion rate Participating jurisdictions The Caspar Transfer Station is a small-volume transfer station using small stationary compactors and transportable pods to receive self-haul waste, together with other containers for source-separated recyclables. Co-owned by the County of Mendocino and the City of Fort Bragg and operated by the County of Mendocino. End of Prairie Way, Caspar Receives approximately 1,000 tons per year of waste and 800 tons per year of recyclables. 44 percent of material received is recycled. The facility serves the unincorporated County of Mendocino and the City of Fort Bragg. NDFE - PAGE 3 Covelo Transfer Station Type of Facility Location Facility capacity Expected diversion rate Participating 'jurisdictions The Covelo Transfer Station is a small-volume transfer station using a roll-off container to receive self-haul waste, together with smaller containers and buy-back for source- separated recyclables. Owned by the County of Mendocino and operated by Solid Wastes of Willits. End of Covelo Refuse Road, Covelo Receives approximately 250 tons per year of waste and 265 tons per year of recyclables. 51 percent of material received is recycled. The facility serves the unincorporated County of Mendocino. Laytonville Transfer Station Type of Facility Location Facility capacity Expected diversion rate Participating jurisdictions The Laytonville Transfer Station is planned to open in 1996 as a small-volume transfer station using a rear-load containers to receive self-haul waste, and be integrated with a drop-off and buy-back recycled center. The site will be owned by the County of Mendocino and operated by Solid Wastes of Willits. Branscomb Road, Laytonville Expected to receive approximately 312 tons per year of waste and 480 tons per year of recyclables. 60 percent of material received is recycled. The facility will serve the unincorporated County of Mendocino. NDFE - PAGE 4 1 2 3 4 5 6 7 8 9 10 11 19. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 attached as Exhibit A is adopted and established as a part of the City of Ukiah's Solid Waste Management Plan. PASSED AND ADOPTED this 17th day of April, 1996, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Fred Schneiter Mayor ATTEST: Cathy McKay, City Clerk B:I~ES1 NDFE Potter Valley Transfer Station Type of Facility Location Facility capacity Expected diversion rate Participating jurisdictions The Potter Valley Transfer Station is a small-volume transfer station using a roll-off container to receive self- haul waste, together with smaller containers for source- separated recyclables. Owned and operated by the County of Mendocino. West end of Main Street, Potter Valley Receives approximately 300 tons per year of waste and 149 tons per year of .recyclables. 33 percent of material received is recycled. The facility serves the unincorporated County of Mendocino. South Coast Transfer Station Type of Facility Location Facility capacity Expected diversion rate Participating jurisdictions The South Coast Transfer Station will be a small-volume transfer station using a roll-off container to receive self- haul and commercial waste, together with smaller containers for source-separated recyclables. Ownership and operation is not yet determined. Undetermined. Will receive approximately 800 tons per year of waste and 800 tons per year of recyclables. 50 percent of material received will be recycled. The facility will serve the unincorporated County of Mendocino upon closure Of South Coast landfill. NDFE - PAGE 5 Ukiah Transfer Station , Type of Facility Location Facility capacity Expected diversion rate Participating jurisdictions This facility is planned to be a large-volume transfer station receiving both commercial hauler and self-haul waste, together with transfer loads from the small volume transfer stations. It will include a buy-back and drop-off recycling center for self-haulers. Projected opening date is 1998 or 1999. The site will be owned by the Mendocino Solid Waste Management Authority and operated by a private company, not yet determined. .3401 N. State Street, Ukiah The facility is expected to receive approximately 45,000 tons per year of waste and 2,000 tons of recyclables. 4 percent of material received is expected to be recycled, from the self-haul drop-off and buy-back service The facility may serve any portions of the unincorporated County of Mendocino, the City of Ukiah, the City of Willits, and the City of Fort Bragg which elect to use it. Willits-Area Transfer Station Type of Facility Location Facility capacity Expected diversion rate Participating jurisdictions This facility is planned to open upon the closure of the Willits landfill in mid-1997. It will receive waste in a roll-off box or compactor, and will be integrated with a drop-off and buy-back recycling center. Ownership and operatiOn is still undetermined. Undetermined. Expected to receive 1,500 tons of waste and 675 tons of recyclables. 30 percent of material received recycled. The facility will serve the unincorporated County of Mendocino and the City of Willits. NDFE - PAGE 6 5. Composting facilities A substantial portion of the municipal wastestream in Mendocino County is yard waste and wood waste, which is separated by generators for recycling through curbside pick-up, commercial pickup, or drop-off. The ultimate use of these materials is normally mulching or composting {nto a soil amendment, although woody materials are also used for boiler fuel. Mendocino County has two permitted composting facilities. There are also two out-of-county processing facilities where green waste is taken. Additional composting facilities would be desirable on the Mendocino Coast so that organic materials can be composted and used locally without large hauling expense. Bio-Waste Composting Type of Facility Location Facility capacity Expected diversion rate Participating jurisdictions Facility Composting facility for yard waste and agricultural waste such as grape pomace. Uses open-air windrows. Permitted by state as small-scale facility. 5801 Eastside Road, Talmage 1000 tons per year 99 percent of material received is composted. The facility serves the unincorporated County of Mendocino and the City of Willits COld Creek Compost Facility Type of Facility Location Facility capacity Expected diversion rate Participating jurisdictions This facility composts yard wastes, grape pomace, manure, and other materials. Ash is added as an amendment. Potter Valley Road at Highway 20, Potter Valley 50,000 tons per year, of which the projected quantity of yard waste will be 2,500 tons and ash 3,000 tons. 99 percent of material received will be composted. The facility may serve the unincorporated County of Mendocino, the City of Ukiah, and the City of Fort Bragg. NDFE - PAGE 7 Reuser, Inc. Type of Facility Location Facility capacity Expected diversion rate Participating jurisdictions This facility receives yard waste and wood waste, which it uses for composting, mulch, boiler fuel, and fiber board )roduction. 370 Santana Drive, Cloverdale The facility reports receiving 2,000 tons of municipal wood waste and yard waste from Mendocino County. This is a small portion of the facility's overall production. Not available. The facility serves the unincorporated County of Mendocino and the City of Ukiah. Grab & Grow Soil Products Type of Facility Location Facility capacity Expected diversion rate Participating jurisdictions This facility was used by Empire Waste Management as destination for yard waste collected at its drop-off facility in Fort Bragg in 1995. The material was composted. 2759 Llano Road, Santa Rosa Material sent to the facility from Mendocino County is believed to be less than 15 tons per month. This is a small ~ortion of the facility's overall capacity. Not available. The facility serves the unincorporated County of Mendocino and the City of Fort Bragg. 6. Recycling Processing Facilities Recycling Processing Facilities (sometimes referred to as materials recovery facilities or MRFs) are an essential part of Mendocino County's recycling strategy. Large quantities of recyclables collected in curbside and commercial pickup need to be further sorted, cleaned and baled prior to shipment to market. These activities are conducted at recycling processing facilities. NDFE - PAGE 8 The Source Reduction & Recycling Elements of the Mendocino County jurisdictions place the responsibility for efficient handling of recyclables on the franchised and permitted haulers, which are the primary recycling agents. As of 1995, local recycling processing facilities did not yet exist and recyclables from Mendocino County were being sorted at curbside to the greatest extent possible, and then generally shipped out-of-county for processing. Three out-of-county recycling processing facilities are known to be destinations for Mendocino County recyclables. One in-county recycling processing facility has been proposed. Recycle America Materials Recovery Facility Type of Facility Location Facility-capacity Expected diversion rate Participating jurisdictions Processes source-separated recyclables for shipment to market. 3400 Standish Avenue, Santa Rosa 200 tons per day of recyclables Not available The facility serves the unincorporated County of Mendocino, the City of Willits, and the City of Fort Bragg. Marin Resource Recovery Facility Type of Facility Location Facility capacity Expected diversion rate Participating jurisdictions This facility combines a transfer station, mixed waste materials recoVery' facility, and recycling processing center. It is sometimes used by Mendocino County haulers as destination for commingled recyclables or paper. 535 Jacob)/Street, San Rafael Not available. Not available. The facility serves the unincorporated County of Mendocino, the City of Ukiah, and the City of Willits. NDFE - PAGE 9 Novato Disposal Service Type of Facility Location Facility capacity Expected diversion rate Participating jurisdictions This facility has a sorting line and baler. Recyclables are processed and shipped to market. 2543 Petaluma Boulevard South, Petaluma Not available. Not available. The facility serves the uninco~:porated County of Mendocino, the City of Ukiah, and the City of Willits. Solid Waste Systems Type of Facility Location Facility capacity Expected diversion rate Participating jurisdictions This facility is planned to be recycling processing facility with a sorting line and baler. The Ukiah hauler has announced plans for construction at its existing truck yard. 3151 Taylor Drive, Ukiah Not available. Not availa~ble., The facility will serve the unincorporated County of Mendocino, the City of Ukiah, and the City of Willits. NDFE - PAGE 10 AGENDA SUMMARY ITEM NO.: 8b DATE: April 17, 1996 REPORT SUBJECT: APPEAL OF THE PLANNING COMMISSION'S DENIAL OF VARIANCE APPLICATION NO. 96-05 (FRIEDMAN BROS.) SUMMARY: On March 27, 1996, the Planning Commission denied Variance Application No. 96-05, as filed by Friedman Bros. Hardware, by a vote of 4-0, based on the following (SUMMARY continued on next page) RECOMMENDED ACTION: City Council deny the applicant's appeal, and uphold the actions of Planning Commission. ALTERNATIVE COUNCIL POLICY OPTION: 1. Approve the appeal and allow a Variance for a seventy-foot high flagpole that would exceed the building height limit for structures on properties located in the Airport Industrial Park. Appropriation requested: N/A Citizen advised: Legal Notice posted and advertised Requested by: Ed Sohl, for Friedman Bros. Hardware Prepared by: Dave Lohse, Associate Planner Coordinated with: Bob Sawyer, Planning Director, and Candace Horsley, City Manager Attachments: 1. Request for Appeal of Planning Commission action to City Council. Planning Commission Minutes from March 27, 1996, meeting. 3. Planning Report to Planning Commission (dated March 13, 1996). APPROVED: Candace Horsley, City Mai~ger PROJECT SUMMARY (continued): concerns that the approval of the Variance to allow the construction of a seventy-foot high flagpole would constitute a grant of special privilege inconsistent with the structural height limitations required for other properties located in the Airport Industrial Park. The Commission also indicated that there are no special circumstances applicable to the subject property that would require a flagpole be constructed in excess of the required height limit, and expressed concern that the approval of this project could establish a precedent for owners of other properties to request variances to allow similar flagpoles. The Planning Commission also noted the project site's proximity to Ukiah Municipal Airport and discussed concerns about the potential for aircraft colliding with the proposed flagpole. Planning Department staff, however, have determined that the proposed seventy-foot high flagpole is well within the height criteria established by the Federal Aviation Administration (FAA), and would, therefore, not constitute a hazard to the safe avigation around the Ukiah Municipal Airport. This determination was made after staff consulted with Mr. Don Bua, the Airport Manager, and reviewed land use criteria established in the Ukiah Master Plan for the airport, which showed that the flagpole would not encroach into any restricted area or avigation space. In deference to the concerns expressed by the Planning Commission, however, staff also double-checked this conclusion with the airport planning firm of Shutt & Moen (formerly Hodges & Shutt). According to their calculations, the FAA criteria would allow an object or structure at the subject site to be approximately 150 feet high, which further confirms staff's assertion that the proposed flagpole does not represent a safety problem or encroach into restricted air space. The Commission made the following Findings to support the denial of Variance No. 96-05: 1. The seventy-foot height of the proposed flagpole would be a grant of special privilege inconsistent with the limitations required of other properties in the industrial park; . The seventy-foot height of the proposed flagpole is not required due to any circumstances applicable to the property and would not deprive the applicant of any use enjoyed by other properties in the industrial park; and . Any variance in the height limitations within the industrial park would potentially create safety problems in relation to the airport. A full analysis of this project, including the Findings recommended by Planning staff, was prepared by Planning Department staff. Please refer to the attached Planning Report for this analysis. The Planning Department recommends that the Planning Commission's decision to deny the proposed Variance to allow the building height limit in the Airport Industrial Park to be exceeded, based on the Findings listed above. 2 4055 SANTA ROSA AVENUE April 8, 1996 · PHONE (707) 584-7811 FAX (707) 584-5010 Kathy McKay, City Clerk City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Planning ConTnission Appeal Request Friedman Bros. Hardware Flagpole Variance Variance Application No. 96-05 · SANTA ROSA, CALIFORNIA 95407-8292 1996 C~I ¥ CL~2it~ DI:PAft]'IV1ENT Dear Ms. McKay: We would like to request an appeal to the City Council of the recent decision of the Ukiah Planning Co~mission on March 27, 1996, for denial of the variance request indicated above. Please schedule us for the next City Council Meeting if possible. There are a variety of reasons that we wish to appeal this decision to the City Council. They include the following: 1. We feel it is important to both Friedman Bros. and the City of Ukiah that we be able to fly the large flag requested in our Variance Application ( see attached letter dated January 16, 1996). 2. Discussion of the ability to have penthouses to 60 feet within the business park and the fact that these types of building elements have a much greater visual impact. Note that the requested flagpole is only 10 feet higher than the allowable penthouse heights and far less obtrusive. 3. The Planning Ccnxnission voiced a concern regarding the proximity of the flagpole to the airport. The proposed flagpole is well within the maximum height allowed by calculating the site slope criteria of 7:1 ratio for establishing clearance requirements for natural and man-made features near the airport runway. We believe that the staff report did not mention the airport because of the fact we were well below the site slope criteria requirements for the area. Thank you, and we' 11 look forward to your response to our request. Sincerely, Harry Friedman Chairman of the Board HF:s enc AYES: NOES: ABSTAIN: ABSENT: Commissioners Baker, Larson, Pruden and Chairman Ashiku None None None COMMENTS FROM THE AUDIENCE ON NON-AGENDA ITEMS None. APPEAL PROCESS; Chairman Ashiku read the Appeal Process to the audience. For matters heard at this meeting, the final date for appeal is April 8, 1996. PUBLIC HEARINGS 6A. Variance Application No. 9605. as filed by Friedmao Bros. H_axdware. to exceed the b!!!.!diqg height limit required for a structure in the Airport Industrial Park Planned Develooment -- area. from fifty_ to seventy feet. for the purpose of con~ructin? a seventy-foot high flagpole on a property located in the industrial park. at ! 235 Airpo_ rt Park Boulevard (A~essor Porcel Nos. 180-080-33.34. 35 and 36, Chairman Ashiku polled the Commissioners regarding the required project site visitation. The Commissioners confirmed they had visited all of the sites prior to the evening's convened meeting. Associate Planner Dave Lohse advised the proposed application, if approved, would allow the construction of a seventy-foot high flagpole on a parcel in the Airport Industrial Park, where structures are restricted to a height limit of fifty feet, as stipulated in Section B(4) of the Ordinance (No. 959) that governs developmem in the industrial park. The applicant has indicated that the purpose of this oversized flagpole is to allow the use of a 20-foot by 30-foot "holiday" flag that would be flown only on "special occasions and holidays." A smaller flag measuring 15 feet by 25 feet would be flown on other days. In its review, the Planning Department reviewed the request for a higher flagpole to determine if the request is consistent with the findings for the approval of a variance that are contained in Zoning Code Section 9232. It is the opinion of staff that the project is not consistent with the required findings since it would: a. be a grant of special privilege not enjoyed by other properties in the AIP and other similarly zonea parcels; bo is not restricted by special circumstances that the strict application of the height limit would deprive the applicant of; and c. would be detrimental to the public due to the increased visibility of the flagpole, which would IVflNUTES OF THE PLANNING COMMISSION Page 2 March 27, 1996 disrupt viewsheds that have been protected as much as possible during the development of the industrial park. It is also the opinion of staff that the increased height of the proposed flagpole will distinguish the site, and could generate, and be precedent for, additional variance requests for flagpoles of similar height on other parcels in the industrial park. Due to its analysis and conclusions, the Planning Department is recommending DENIAL of Variance Application No. 96-05, based on Findings 1-3 on Pages 3 and 4 of the Planning Report. PUBLIC HEARING OPENED: 7:08 p.m. Harry Friedman, applicant, 4055 Santa Rosa Avenue, referenced his letter to the City of Ukiah of January 16, 1996, and read the following excerpts: The Friedman family has always respected the United States flag and all that it represents. Our family was quite poor in the early thirties, and we are extremely thankful to live in a country where we have the opportunity to succeed with perseverance and hard work. We feel we have succeeded as a family and as responsible business leaders. We dedicated our flag, pole, and monument at the opening of our Santa Rosa store in 1971. We have continuously flown an American flag since that time, excepting for bad weather, of course, and always receive favorable comments from the public, including veterans organizations. We also had flag raising ceremonies at our Sonoma store opening, with local community involvement. We fly only one flag at a time, which is a 15' x 25' "winter" and a 15' x 25' nylon flag during the spring/summer season. We also fly a 20' x 30' nylon flag on special occasions and holidays. This "holiday" flag will be only one of five that I have seen flown from San Francisco to the Oregon border. It is recommended that a 20' x 30' flag be flown on an 80' above-ground flagpole, but we believe a 70' pole would suffice. We are not asking for a 70' pole to fly a large and beautiful American flag for any commercial benefit, for we will give our written promise that we will never fly any other flag and that we will fly the very large flag when appropriate. We do remove the flag every night and keep it in good repair, and we promote lending our alternate or holiday flag to schools or public functions whenever possible. We feel displaying a large and beautiful American flag is not only our duty, but an honor and a privilege, which we all need to promote. Your letter mentions the fact that a large pole might affect the aesthetics of the community. A large American flag, flying near the entrance to the community of Ukiah can only be an asset and a reminder of who all of us really are. Mr. Friedman further advised that he and his two brothers started the business right after serving in the army in World War II. One brother served in the European theater, through Anzio and other major battle MINUTES OF THE PLANNING COMMISSION Page 3 March 27, 1996 zones, with the 8th Army through 1945. The other served in the Pacific theater until 1946, contracting malaria along the way. He, himself, was too young for World War II, but volunteered for the National Guard, serving for nearly ten years. The American flag, therefore, has a greater meaning to their family than some, and its beauty goes far beyond what the eyes behold. They do not have rubber stamps with the American flag carved in it; that is not their agenda. As you can tell, they like to do things in a big way, and they believe that to be proper. They only wish to display a flag large enough to be seen and enjoyed by tourists entering Ukiah via the freeway, and they will see for themselves that people in this community still believe in the American dream, as they do. He noted a correction to the staff report relative to measurements for the flag pole, which should be 12" at the bottom and 4" at the top. Commi.~,sioner Pruden asked what size flag Friedman Bros. would fly at 50 feet if the Commission set a reduced size for the pole. Mr. Friedman replied the maximum allowable size would be 10' by 15'; they do not own a flag of that size. PUBLIC HEARING CLOSED: 7:14 p.m. Commi.~sioner Pruden stated her feelings on the variance have nothing to do with patriotism or pride. However, the Planning Commission has traditionally held variances to a tight parameter. In looking at the circumstances it was nice to see the flagpole base in place, as it made it much easier to visualize the pole with that. She further stated she agreed with staffs analysis that 50' would be the more appropriate height, thus eliminating the need for a variance. She cannot find the findings to support the variance, and felt they would be granting special privilege for the extended height in the business park. By law they are prohibited from granting the special privilege for an extension; 50 feet would make a sufficient and admirable display of the flag. She noted Friedman Bros. is located very close to the airport. Commissioner Baker stated she is in agreement with staff recommendations, although the major reason she has a problem with the variance is Friedman Bros.' location in the airport zone, and the major reason for the height limitations is for air traffic safety and the safety of the people on the ground, including Friedman Bros. employees and customers. She further stated her viewshed is not impacted; some individuals feel the flag enhances the viewshed. She does not want to impinge on Friedman Bros. desire to fly the flag. Commi.~ioner Larson commented he was not prepared to set any precedents for variances on height limits in the business park. Chairman Ashiku stated he concurred with staff's analysis and does not want to establish precedents regarding variances in the park. The applicant must establish hardship or necessity beyond the arguments that have already been made. He further stated he also has airport concerns; Friedman Bros. location is of primary consideration. He consulted staff relative to FAA regulations. Mr. Lohse replied the application does not technically conflict with the criteria, since it is approximately 1,000 feet lineal distance from the flagpole to the nearest runway, which would give it a height envelope of approximately 143 feet. MINUTES OF THE PLANNING COMMISSION Page 4 March 27, 1996 Commissioner Pruden asked staff for clarification that a variance will not be needed for the 50' flagpole. Senior Planner Charley Stump replied that a variance was not necessary for a pole of that height. ON A MOTION by Commissioner Pruden, seconded by Commissioner Baker, it was carried by the following roll call vote, to deny Variance Application No. 96-05, as filed by Friedman Bros., to construct a 70 foot flagpole on property located in the Airport Industrial Park, based on Finding Nos. 1 and 2 contained in the staff report, the deletion of Finding No. 3, to be replaced with a new Finding No. 3, which shall read: "Any variance in the height limitations within the industrial park would potentially create safety problems in relation to the airport." AYES: NOES: ABSTAIN: ABSENT: Commissioners Baker, Larson, Pruden and Chairman Ashiku None None None Be Use Permit Application No. 96-02. as ~ed by Buck Ganter. to allow the construction of ? 1,293 s~_uare foot Second Unit on a 0.38 acre parcel loch_ted in the R-1 (Sin_~!e F.amily Residential) Zoning District, on pro_oerty located at 725 Walnut Avenue (Asses__$or Parcel NO l 001-151-22), Associate Planner David Lohse advised approval of this project would allow the development of a 1,293 square foot Second Unit residential structure on a parcel located in the R-1 District. This parcel has been developed with a single family residence and attached garage that are approximately 2,125 square feet in area. The majority of this building is located on the front of the parcel. The ground floor of the proposed second units would be approximately 22 feet long by 37.5 feet wide, with a smaller second floor that would be a maximum of 23 feet high. The total area of both floors is approximately 1,293 square feet. This building would be located approximately 55 feet south of the existing residence, on the rear half of the site. Building walls would also be located approximately 5 feet from the western property line, 20 feet from the eastern property line, and 15 feet, or more, from the southern property line. Proposed building materials include Masonite wall siding and composition shingle roofing, which will be colored similarly to those used on the primary residential structure. Building entrances would be located on the north, east and west sides and there would be windows on all elevations, including the north, west and south sides of the second story. Planning staff reviewed the project and determined that it complies fully with the use and development standards of the R-1 District, including those contained in Section 9024. These standards contain 13 specific standards relating to second units, including requirements for occupancy and use of the unit, minimum lot and building sizes, and the number of off-street parking spaces. The project does comply with all applicable standards, and staff has recommended that Conditions 19-21 be adopted if the project is approved to ensure continued compliance. MINUTES OF THE PLANNING COMMISSION Page 5 March 27, 1996 CITY OF UKIAH PLANNING REPORT DATE: March 13, 1996 TO: City of Ukiah Planning Commission FROM: City of Ukiah Planning Department SUBJECT: Variance (#96-05) APPLICANT: Friedman Bros. Hardware PROJECT SUMMARY: Approval of the proposed Variance would allow the construction of a seventy-foot high flagpole on a parcel in the Airport Industrial Park Planned Development area, where structures are restricted to a maximum building height of fifty feet. The discretionary action associated with this project is quasi-judicial in nature; therefore each decision-maker must physically and personally visit the site prior to participating in the vote to approve, disapprove, or modify the proposed project. PROJECT LOCATION: The proposed site is located at 1235 Airport Park Boulevard, on the east side of Airport Park Boulevard, approximately 275 feet south of its intersection with Commerce Drive, in the Airport Industrial Park (Assessor Parcel Nos. 180-080-33, 34, 35 and 36). DEPARTMENT RECOMMENDATION: The Planning Department recommends DENIAL of Variance No. 96-05 on the grounds that the approval of the Variance would constitute a grant of special privilege that is inconsistent with the limitations upon other properties in the Airport Industrial Park; there are no special circumstances applicable to the project site that would deprive the applicants of the opportunity to display a flag on a flagpole that is consistent with the permitted structural height in the Airport Industrial Park; and the approval of the Variance could establish a precedent, without the benefit of a hardship finding, that could result in any number of other properties in the Airport Industrial Park establishing similar overheight visual features, which, in turn, would result in viewshed degradation. ENVIRONMENTAL DOCUMENTATION: The City of Ukiah as Lead Agency has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15303, Class 3(e), which permits construction of accessory structures. GENERAL PLAN DESIGNATION: Master Plan ZONING DISTRICT: PD (Airport Industrial Park Planned Development) PROJECT DESCRIPTION: The project consists of a Variance to allow the construction of a seventy foot high flagpole on the project site, which is restricted by standards outlined in the recently adopted PD ordinace for the industrial park to a building height limit of fifty feet. The project site consists of a 10.5 acre parcel that is being developed with an 80,000 square foot hardware store, a four acre self-service supply yard and a large parking area. The hardware store, which is located on the western half of the property, is the tallest structure on the site with a roofline that is between twenty-five to thirty-four feet high. The proposed flagpole would be located in a pedestal base that has been constructed in an existing sidewalk located approximately fifteen feet west of the southwestern corner of the structure. The lower portion of the flagpole base is approximately two feet high and six feet wide on all sides, and has been constructed with red brick and concrete. The upper portion of this base is two and a half feet high, and consists of a concrete column composed of ten individual concrete blocks that measure between two to four feet wide. The flagpole would be a metal pole that would be at least seventy feet long and approximately two to three feet in diameter. STAFF ANALYSIS: Planning staff reviewed the requirements for development in the Airport Industrial Park Planned Development area, as outlined in Ordinance No. 959, and determined that the proposed flagpole is consistent with all of the applicable standards except the requirement for maximum building height. Section B(4) of the ordinance requires that the maximum height of any building or structure shall be fifty feet and comply with side slope criteria from the Federal Aviation Administration. The only exception to this height requirement is for mechanical penthouses and equipment, which may be permitted to have a maximum height of sixty feet. As noted above, the proposed flagpole would be seventy feet high, or twenty feet higher than the maximum building height allowed by the PD ordinance. The applicants have indicated that they intend to regularly display an American flag that would be fifteen feet high by twenty-five feet wide on this pole, but that the extended flagpole height is necessary to support a "holiday" flag that would be twenty feet high by thirty feet wide. This flag would be flown on special occasions and holidays. Staff's analysis also included a review of the materials submitted to determine if they provide evidence of the specific findings required for approval of a variance, as outlined in Zoning Code Section 9232. Planning staff determined that the excess height of the proposed flagpole would not be necessary due to any special circumstances applicable to the subject property, and that the strict application of the building height requirements would not deprive the applicant of any right or privilege enjoyed by other persons and business operations located in the industrial park. The project site is relatively large and has been graded almost flat, and a flag displayed on a fifty-foot high flagpole would not blocked by any man-made or natural obstructions. In fact, a flag displayed on a fifty-foot high flagpole would be visible from all directions since it would be at least fifteen feet higher than the hardware store, which is the tallest structure on the site. It is the opinion of staff that the approval of the proposed flagpole extension would also be a grant of special privilege since no other structures in the industrial park have been permitted to exceed the required building height limit. The applicant has indicated that no advertising would be displayed on this flagpole, but the use of a taller flagpole and larger flag than those used by other businesses in the industrial park could be used by potential customers as an indicator of where the hardware store is located. Furthermore, the approval of a variance to allow this use could be construed by owners or developers of properties in the industrial park as a precedent for the approval of additional variance requests to extend the building height limit for flagpoles or other structures located on these properties. It is also staffs opinion that the approval of a variance to allow a flagpole higher than fifty feet would be detrimental to the public welfare since the increased visibility of the flagpole and flag would affect the aesthetic qualities of the area. The display of a flag on this pole may not be as objectionable to most persons as a sign or building, but a structure of this height would stand out among other structures, substantially altering the visual characteristics of the area and disrupting the hillside to hillside viewshed of the Ukiah Valley that is currently available. CONCLUSIONS: Planning Department staff conclude that the variance to allow the proposed flagpole to exceed the building height limit in the Airport Industrial Park by twenty feet would constitute a grant of special privilege inconsistent with the limitations imposed on other properties in the industrial park; that the excess height is not required due to any special circumstances applicable to the property; and that the granting of this variance would be detrimental to the public welfare due to its increased visibility and associated impacts to the aesthetic qualities of the Ukiah Valley. Moreover, and more importantly, staff is concerned with the precedent setting nature of this proposal and the cumulative visual degradation which could result from other nearby properties erecting similar overheight features. FINDINGS: The Planning Department's recommendation for the denial of this project is based, in part, on the following findings: , The seventy-foot height of the proposed flagpole would be a grant of special privilege inconsistent with the limitations required of other properties in the industrial park; . The seventy-foot height of the proposed flagpole is not required due to any circumstances applicable to the property and would not deprive the applicant of any use enjoyed by other properties in the industrial park; and . The seventy-foot height of the proposed flagpole would be detrimental to the public welfare due to its high visibility within the industrial park and surrounding environs, and its impact to the hillside to hillside viewshed that is currently available in the Ukiah Valley. ATTACHMENTS: 1 2 3 4. 5 6 7 8 Location Map Site Plan Elevations of Flagpole and West Side of Existing Hardware Store Building Plans for Flagpole Base Artist's Rendering of View of Flagpole from Highway 101 Artist's Rendering of View of Flagpole from Highway 101 West Side Elevation with Comparison of 50-foot and 70-foot Flagpoles Applicant's Statement (addressed to Senior Planner Charles Stump on 1/16/96). ACKNOWLEDGEMENTS: The following personnel prepared and reviewed this Planning Report, respectively: Dave Lohse, Associate Planner Robert Sawyer, Planning Director DL:C:~,V#96-O5.PC LOCATION MAP 1235 Airport Park Boulevard (Assessor Parcel Nos. 180-080-33 throu.qh 36) , , , , , ,,,, % ! t t I .t t t ! 0 I I I t I I I I ~ ! ! t I . I ' I ' \ ' i I .../ t 5oo IOO0 15oo 2000 2500 Feet o. iai[iii liii ]11[ Jill !]UJill llil ii]]~][ lill [Iii Illl' 0 0 0 (i O~ 0 l) 0 0 0 0 ~ lllllRltn (lllllllllll [nlllltmlllll m[l~~ FRIEDMAN BROS. HOME IMPROVEMENT CENTER ~r,,, ..... ~-~-~ .,.~ ...... ,, ~,, rn ..-I rn rn 0 Z 4055 SANTA ROSA AVENUE · PHONE (707) 584-7811 January 16, 1996 City of Ukiah 300 Seminary Avenue Ukiah, CA 95482-5400 Attention: Mr. Charley Stunp Senior Planner · FAX (707) 584-5010 · SANTA ROSA, CALIFORNIA 95407-8292 Dear Mr. Stlm~: In reply to your letter of October 30, 1995, to Ed Sohl, architect, concerning the flagpole at Frie~nan Bros. Hone ~mprovement Center site, please accept the following information. The Friec%nan f~nily has always respected the United States flag and all that it represents. Our family was.quite poor in the early thirties, and we are extrenely thankful to live in a country ~]ere w~ have the opportunity to succeed with perseverance and hard work. We feel w~ have succeeded as a family and as responsible business leaders. We dedicated our flag, pole, and monunent at the opening of our Santa Rosa store in 1971. We have continuously flown an ;¥nerican flag since that time, excepting for bad weather, of course, and always receive favorable coNnents fron the public, including veterans organizations. We also had flagraising ceremonies at our Sonoma store opening, with local cormunity involvement. We fly only one flag at a time, which is a 15' x 25' "winter" and a 15' x 25' nylon flag during the spring/suwner season. We also fly a 20' x 30' nylon flag on special occasions and holidays. This "holiday" flag will be only one of five that I have seen flown fr~n San Francisco to the Oregon border. It is reccnxnended that a 20' x 30' flag be flexon on a 80' above-ground flagpole, but we believe a 70' pole would suffice. We are not asking for a 70' pole to fly a large and beautiful American flag for any comnercial benefit, for we will give our written promise that we will never fly any other flag and that we will fly the very large flag when appropriate. We do remove the flag every night and keep it in good repair, and we prc~note lending our alternate or holiday flag to schools or public functions whenever possible. Mr. Charley St~l~p City of Ukiah January 16, 1996 Page 2 of 2 We feel displaying a large and beautiful American flag is not only our duty, but an honor and a privilege, ~]ich we all need to pr~note. Your letter mentions the fact that a large pole might affect the aesthetics of the cc~m~unity. A large ~nerican flag, flying near the entrance to the c~n~unity of Ukiah can only be an asset and a reminder of ~]o all of us really are. We would like to dedicate the flag at our opening (sc~netime in early April) wit]] possibly a local school band and scout troop being a part of this stimulating, but much too rare, event. We understand that t~ning may be an issue and look forward to your positive response to our request. Please feel free to call me at any time, and I thank you for your time and consideration. Sincerely, ~... ~.~,. · ~/ Harry Friedman Chairman of the Board HF:s AGENDA SUMMARY ITEM NO.: 8c DATE: April 17, 1996 REPORT SUBJECT: APPEAL OF THE PLANNING COMMISSION'S DENIAL OF USE PERMIT APPLICATION NO. 96-02 (GANTER) SUMMARY: On March 27, 1996, the Planning Commission voted 2-2 to approve Use Permit Application No. 96-02, as filed by Buck Ganter based on Findings and subject to Conditions of Approval. It was subsequently determined that the tie vote constitutes a procedural error and results in no action on the project. Consequently, the use permit was not approved and has been appealed by the applicant. (SUMMARY continued on next page) RECOMMENDED ACTION: City Council approve the applicant's appeal for a second unit on the subject property, based on the Findings and subject to the Conditions of Approval recommended in the attached Planning Report. ALTERNATIVE COUNCIL POLICY OPTION: 1. Deny the appeal and deny the proposed Use Permit to allow a second unit. Appropriation requested: N/A Citizen advised: Legal Notice posted and advertised Requested by: Buck Ganter Prepared by: Dave Lohse, Associate Planner Coordinated with: Bob Sawyer, Planning Director, and Candace Horsley, City Manager Attachments: 1. Request for Appeal of Planning Commission action to City Council. 2. Planning Commission Minutes from March 27, 1996, meeting. 3. Planning Report to Planning Commission (dated March 13, 1996). 4. Letter of Support for the project from Dr. E. Regina Widman (dated 4/5/96). APPROVED: . . ..~.~.~ Candace Horsley, CityManager PROJECT SUMMARY (continued): In general, the Planning Commission shared the concerns of the owners or purchasers of adjacent parcels that the size and the height of the proposed unit presented a visual impact, and the size and location of the windows that would be used on the structure would affect their privacy. The Commission also discussed the increase in residential density that the addition of the second residential structure would cause in the neighborhood. However, as the split vote implies, the Planning Commission had divergent opinions and viewpoints on the project and the potential impacts it would cause. In general, the Commissioners who voted to deny the project expressed their general concerns with the invasion of privacy that the structure would cause for adjacent property users, and cited specific impacts in support of their vote. Specific impacts that were discussed by the Commission included the potential for the future division of the subject property; the size of the second unit; the use of a second story on the unit; the size and location of windows on both floors of the structure; the location and type of perimeter fencing on the subject property; and the number and location of additional parking spaces on the site. Commissioners who voted in favor of the project shared some of the concerns relating to privacy and other impacts, but supported the use of second units in the single family district as a means to provide additional housing in the community. They also recognized that the proposed structure is in full compliance with the Zoning Code provisions for second units (e.g. size, setbacks, parking, etc.). The Planning Department recommendation for the approval of the proposed second unit is based on its opinion that it must follow the provisions of the Zoning Code in analyzing and recommending actions on such projects, and the fact that this particular project complies fully with both the general development standards for the R-1 Zone and the specific standards outlined for second units. While staff acknowledges that the discretionary review process for Use Permits allows decision makers greater flexibility in their review of such projects, it is the opinion of Planning staff that this particular project would present no greater impacts to the neighboring parcels than any other permitted use in the R-1 Zone due to its compliance with adopted standards for residential development. A full analysis of this project, including the Findings and Conditions of Approval recommended by Planning staff, is presented in the attached Planning Report to the Planning Commission. The Planning Department recommends that the applicant's appeal be upheld and the request for a Use Permit to allow a second unit on the subject property be approved, subject to the Findings and Conditions of Approval recommended in the attached Planning Report. RECEIVED F1AR 2 8 1996 CITY OF UKIAfl PLANNING DEPT. Commi.qsioner Pruden asked staff for clarification that a variance will not be needed for the 50' flagpole. Senior Planner Charley Stump replied that a variance was not necessary for a pole of that height. ON A MOTION by Commissioner Pruden, seconded by Commissioner Baker, it was carried by the following roll call vote, to deny Variance Application No. 96-05, as filed by Friedman Bros., to construct a 70 foot flagpole on property located in the Airport Industrial Park, based on Finding Nos. 1 and 2 contained in the staff report, the deletion of Finding No. 3, to be replaced with a new Finding No. 3, which shall read: "Any variance in the height limitations within the industrial park would potentially create safety problems in relation to the airport." AYES: NOES: ABSTAIN: ABSENT: Commissioners Baker, Larson, Pruden and Chairman Ashilm None None None 6B. Use Permit Application No. 96-02. as ~ed by Buck Ganter. to a_!!ow the construction of a 1.293 square foot Second Unit on a 0.38 acre parcel loc_a_ted in the R-1 (Single Family Residential} Zoning_ District, on property located at 725 Walnut Avenue (A_~_e~s_sor Parcel No. 001-151-22}. Associate Planner David Lohse advised approval of this project would allow the development of a 1,293 square foot Second Unit residential structure on a parcel located in the R-1 District. This parcel has been developed with a single family residence and attached garage that are approximately 2,125 square feet in area. The majority of this building is located on the front of the parcel. The ground floor of the proposed second units would be approximately 22 feet long by 37.5 feet wide, with a smaller second floor that would be a maximum of 23 feet high. The total area of both floors is approximately 1,293 square feet. This building would be located approximately 55 feet south of the existing residence, on the rear half of the site. Building walls would also be located approximately 5 feet from the western property line, 20 feet from the eastern property line, and 15 feet, or more, from the southern property line. Proposed building materials include Masonite wall siding and composition shingle roofing, which will be colored similarly to those used on the primary residential structure. Building entrances would be located on the north, east and west sides and there would be windows on all elevations, including the north, west and south sides of the second story. Planning staff reviewed the project and determined that it complies fully with the use and development standards of the R-1 District, including those contained in Section 9024. These standards contain 13 specific standards relating to second units, including requirements for occupancy and use of the unit, minimum lot and building sizes, and the number of off-street parking spaces. The project does comply with all applicable standards, and staff has recommended that Conditions 19-21 be adopted if the project is approved to ensure continued compliance. MINUTES OF THE PLANNING COMMISSION Page 5 March 27, 1996 Based on this determination, staff is recommending that Use Permit No. 95-06 be approved, based on the Findings included by staff on Page 3 of the Planning Report, and subject to Conditions 1-21, which can be found on Pages 3-5 of the report. Commi.k~ioner Baker stated Nos. 20 and 21 of the Conditions of Approval tie to the ordinance in the back and asked if the language relative to limiting the occupancy of the second unit to two persons was at City discretion or a state statute. Senior Planner Charles Stmnp replied the City's ordinance was crafted after the state regulations in 1983. Commi.~sioner Baker stated she visited the site and did not observe an alley, which is shown on the location map. Also, on the actual plot map, the Stearns home looked to her to be almost directly behind the unit, and staff's map indicates it is located more to one side. There are two walnut trees designated for removal. One is located where the house pad would be, but the other is right on the edge of the driveway and turnaround. She expressed her desire to save that tree; it seems to her the trees create a nice canopy, and with the additional density on the parcel, trees help keep the noise contained. Mr. Stump replied staff concurred, and that if the application is approved, they will do everything they can to preserve the tree. PUBLIC HEARING OPENED: 7:30 p.m. Harold Garnham, 727 Grove Avenue, stated he opposed the proposal because the City is granting a variance on property which is zoned for single family residences in an R-1 residential zone. Every time something like this is approved, it makes it easier for someone else in the future to put a second house on their lot. He further stated he understands he cannot control the neighbors or the fact there will be a second house ~.., on this property. He asked if the proposed unit would have its own individual sewer and water and electric service all the way to the street, so that this house is charged at the same rates and on the same basis as every other house in the area, including the street light charge on the utility bill. In New York, where he lived, a person had to claim a hardship to get such a matter approved; he sees no hardship in this case. If someone wants to divide the property in the future, problems may arise regarding easements and zoning ordinances. Apparently, if the law states under some conditions you must grant two houses on every lot, there is probably not much that can be done about it, except then the Planning Commission has to set the restrictions to conform. If, at some future date the property is divided, then it will be divided in some sensible form. Ed Haynes, 780 Walnut Avenue, stated he and his wife think the character of the neighborhood is important, and they are afraid the construction of the second unit will set a precedent on the west side. They have concerns relative to street parking and an increase in traffic. In the 600 block of Walnut Avenue there are cars parked there throughout the day and night; in the 700 block that is not the case, and they would like to keep it that way. He further stated they are concerned regarding the increase in the property density in the neighborhood. He asked staff if the general land use plan as it is currently set up takes away low density, single family zoning. MINUTES OF THE PLANNING COMMISSION Page 6 March 27, 1996 Mr. Stump replied that was not the case. Mr. Haynes stated he would prefer to keep low density single family zoning in their neighborhood, and has concerns regarding future rentals and possible subdivision. There may need to be mitigation of some of these aspects such as changing the location of the building or attaching it to the existing house. He further stated he does not want the building to be a two story structure; there are no two stories on the 700 block of Walnut Avenue. There would also be privacy considerations that a tall building in the neighborhood would generate; he would like to see that mitigated if the project is approved. For aesthetic reasons, he would like to see that the building materials match the existing house on the lot and similar houses in the neighborhood. It would be nice to have the windows on the second story not overlook neighbors' back yards. He is not sure what could be done relative to permit considerations regarding fence designs. He would like to see the trees remain, if possible. Craig Emerson, 710 Willow Avenue, distributed copies of his letter to the Commissioners and read it aloud, as follows: I am opposed to the Beth Ganter Rental Unit project for the following reasons: A rental unit does not fit into the character of the neighborhood. The surrounding area is filled with large lots, with single family homes. The beauty of the west side is unique and should be preserved. The proposed rental unit is just like a new house on the back of an existing single family residence lot. The proposed unit will be almost as large as my house on 710 Willow. There is a chance that the lot can be split in two in the future. This would further crowd the neighborhood, and an easement would have to be created to allow access to Walnut Street. The area is for single family homes. A rental unit would allow two families to live on a lot which is zoned for a single family residence. Mr. Emerson thanked Commissioner Pruden for responding to his invitation to visit his property to viewthe project site from Willow Avenue and from his back yard. The project site looks completely different if viewed from Walnut Avenue only. The project affects his lot and other Willow Avenue residences due to its location. A true sense of the beauty of the area and the impact of the rental unit on the surrounding area cannot be gained unless viewed from the perspective Commissioner Pruden had. He asked the Commission to rely on Commissioner Pruden's advice relative to the effects of the project. He asked if there was a stipulation on the alley abandonment to leave the area as is. Commissioner Pruden stated Mr. Emerson had contacted her to inquire whether she was desirous of obtaining access to his property so that she could get a view of the back end of the project site, and also related his concerns. She had not expressed an opinion relative to his comments. She asked Mr. Emerson what he would f'md acceptable on that back piece of property. Mr. Emerson replied he would like to see an in-law unit as opposed to a rental unit, a single story residence, fencing to match the existing fence between the Emerson/Hawkes residences, leaving the walnut MINUTES OF THE PLANNING COMMISSION Page 7 March 27, 1996 tree closest to the SE comer of the Ganter lot, and leaving as many of the cherry tree saplings as possible to act as a vegetative screen. He noted another aspect is that this is a two bedroom unit; there is only enough parking for two vehicles. Construction of the unit would lead to more cars on Walnut Street as more people are using the area for parking. Chairman Ashiku advised he had also been contacted by Mr. Emerson, and had expressed no opinion relative to the project. He further advised the Commission had received a letter from neighbors William B. McMorris and Jo A. McMorris. Buck Ganter, applicant, stated he and Associate Planner Dave Lohse had conferred in order to follow the project guidelines. Originally the house was going to be located against the Emerson lot; he then moved it when he found they were going to object and tried to mitigate the impact on their property. He also talked to the Ottos. He further stated his parents bought the property in 1965. His father had always said a little house could be built on the back of the lot. He needs a second room in case his mother would ever need full time live- in care; if the unit were one-story, it would expand further back on the property. He cited examples of multi-story homes in the neighborhood, and commented that it would not be a precedent for him to construct a two-story unit. His mother is still fairly independent, but she would like to have her own house if she comes to live there. He has followed all the guidelines. The sewer, which is easily accessible, runs in the back, and he will bring in independent utilities; the unit will have its own services. He would prefer not to see the two person occupancy stipulation for both of the units. Commissioner Baker asked if it was possible to save the walnut tree near the driveway. Mr. Ganter replied he would certainly try to do so. Richard Shoemaker, 115 Brush Street, stated he currently has an offer pending on the Emerson house located at 710 Willow Avenue. He stated he thinks a second unit on a large lot is appropriate, and taking care of elderly relatives and furnishing low-cost, low-impact housing is important, but that he cannot think of a granny unit that has been approved that is two story, with both floors habitable. A two story would be necessary if the unit were proposed over the garage, but a granny unit is usually one bedroom, and this one is going to be a two bedroom. The aesthetics and the privacy of the Emerson property will be greatly affected by this two story unit. He questioned whether there would be adequate parking for a two bedroom unit. If the project is approved, and he would like to see it approved, he would suggest moving the unit north to within the 10 foot limit allowed from the existing home, the requirement of a vegetative screen, and the elimination of windows on the south side or the installation of 12" windows at the ceiling line. He further suggested only one bedroom be allowed. PUBLIC HE~G CLOSED: 7:52 p.m. Chairman Ashilm queried staff relative to a conflict of interest regarding Mr. Shoemaker speaking to the issue and also being related to patients of his. Mr. Stump replied that, in his opinion, it was not a conflict of interest since Chairman Ashiku was not deriving any financial benefit from the situation, but it was his decision to make. MINUTES OF THE PLANNING COMMISSION Page 8 March 27, 1996 Mr. Lohse stated the contractor for the project had advised the second story would be a bonus room, and not technically a bedroom, although at some time it could be converted Commissioner Larson stated he desired to speak to the citizens' concerns, and asked staff to address the parameters of a lot split. Mr. Lohse replied the size of the lot would allow a split. At the current time the portion of the existing dwelling that juts off from the northern portion of the end of the western setback would preclude it from having the 20' access. Both the Fire Department and City Engineer feel that under the current code requirements and City staff policies, they would not allow a reduced entry there, so to divide that lot would require the removal of at least a portion of that building. Dividing the lot would be a possibility, not a probability. Chairman Ashiku queried staff regarding the alleyway and whether it was encumbered by any easements or restrictions. Mr. Lohse replied he was not aware of any restrictions. Generally when the alleys are abandoned the land is deeded back to the occupant of one or both of the adjacent properties to use as they would any other property. Commissioner Pruden stated she viewed the project site from Walnut Street, and then from the Emerson's property, which gave her a different perspective. On the site plan the north comer of the Emerson property is about where the property line is for the Ganter's south boundary. The entire project will be visible from the Emerson's back yard. Currently the area is heavily vegetated and aesthetically very appealing. She agrees the density needs to be increased in the neighborhoods to keep from expanding onto undeveloped land. At the same time, there are some pretty tight spaces back there, and this is a very large second unit. She further stated she has listened to what would be acceptable to several individuals, and she thinks the project might be workable if a couple of those suggestions are incorporated. As it currently stands, it is too large a project sitting too close to another person's back yard. She would like to see the elimination of the second story and the unit moved further to the north, creating a larger back yard for the second unit. Commissioner Baker stated that Mr. Emerson had also contacted her. She is acquainted with a lot of the people involved; she once had an interest in purchasing the property at 710 Willow Avenue. This is a huge lot and the project is completely in keeping with the neighborhood and also with City housing goal desires, consistent with state law, and nicely designed. She would like to see approval of the project as presented, saving the one walnut tree, and adding some nice fencing around the back to maintain the neighbors' privacy. A nice fence and landscaping will enable the project to be totally in keeping with the neighborhood. Commissioner Larson commented his only real concern is the second story. He would like to see a ground floor unit in an effort to scale the project back to more reasonable proportions for the intended use. If the time came when an additional room were necessary, and there was a compelling reason for it, the Commission may look favorably on an expansion. It is a large lot and can accommodate an additional unit; vegetative screening would be an advantage. MINUTES OF THE PLANNING COMMISSION Page 9 March 27, 1996 Chairman Ashiku commented that the size of the second unit is rather large, and he is uncertain whether the privacy issues have been sufficiently mitigated. He could support the application if some type of compromise could be worked out that would address the issues of privacy and mitigate some of the aesthetic aspects of the project. He stated he would be open to having the applicant work with the adjacent property owner and bringing the application back and maybe continuing with this item, if clear direction can be given relative to what might be acceptable. Commi~ioner Pruden MOVED that the east elevation windows on the first floor be removed to provide privacy for the Emersons. Mr. Stmnp asked if the motion was to approve the project with additional conditions and findings to support the conditions. Commissioner Pruden replied that it was. Discussion followed relative to the windows and location of the proposed unit, wherein Commissioner Pruden rescinded her motion. Further discussion followed relative to privacy issues and the projected partial second story on the unit. Chairman Ashiku asked Mr. Ganter what compromises he was willing to make on his project to address the privacy issues raised by the public. Mr. Ganter stated he may be willing to change the location of the east elevation windows with that of the closets which are on the north elevation; he would not like to see 12" windows located so high on the wall a person would be unable to see out of them. It will be necessary for him to discuss the issue with his contractor. The Stearns have indicated they are unconcerned whether the unit looks down into their yard. He is amenable to building any kind of fence acceptable to the neighbors, and adding shrubbery. They are allowed to go to 11% of the lot, and they are well below that figure. He thinks it is a good project. Commi.~sioner Pruden indicated to Mr. Ganter there must be discussion and decisions made regarding whether this is an appropriate use; it isn't all just a given even though the applicant has conformed to zoning and setbacks. Commissioner Baker asked what kind of fencing plans Mr. Ganter had discussed with his neighbors. Mr. Ganter replied he had informed the neighbors he would cooperate with them to make everything work for everyone. Commi~sioner Pruden stated she cannot support the project with the second story the way it is designed. The only way she could support inclusion of the second story is if the unit were moved forward on the lot. She still feels it is too large a project. She has some concerns regarding the design and the way it is laid out; long narrow lots pose problems. She is not opposed to the second unit itself. Chairman Ashiku asked for public input relative to the Commission's discussion. MINUTES OF THE PLANNING COMMISSION Page 10 March 27, 1996 PUBLIC HE~G REOPENED: 8:16 p.m. Mr. Emerson stated they can work out the fencing arrangemem and identified which walnut tree he would like preserved. He further stated he would like the building to be considered an in-law unit as opposed to a rental unit. Mr. Ganter replied the solution to the trees and fence issues were acceptable to him. He inquired regarding the "granny unit" versus a rental unit. That would take an entirely different permit. Chairman Ashiku advised that recommendation will be taken under advisement. Commi.*~ioner Larson asked if Mr. Ganter would consider installing skylights or high/non-view windows on the west and south elevations, where it would be possible to view a neighbor's back yard. Discussion followed regarding what constitutes a "non-view" window, wherein Mr. Ganter agreed to install the windows with concern for the neighbor's privacy. PUBLIC HEARING RECLOSED: 8:21 p.m. Commissioner Pruden asked staff if a def'mition of a "mother-in-law" unit was available. Mr. Lohse replied the only definition staff had was for a second unit or guest cottage. Mr. Stump advised if an elimination or a reduction in the size of windows on the upper floor was to be considered, there was a need to be concerned with the access and exit requirements in the building codes. ON A MOTION by Commissioner Baker, seconded by Chairman Ashiku, it was carried by the following roll call vote, to approve Use Permit Application No. 96-02, as filed by Buck Ganter, based on the following Findings and subject to the following Conditions, which include additional fencing, the preservation of the trees on the property, and the installation of windows on the second story that will least affect the adjoining properties and still comply with building code requiremems. Chairman Ashiku stated the neighbors to the south have not presemed themselves in opposition to this project, and have not claimed any hardship in regards to violations of privacy. FINDINGS: o The proposed Second Unit, as conditioned, is consistent with the General Plan and with Municipal Code standards for Second Units in the R-1 Zoning District, including those for permitted uses and occupancy requirements; building site area; building sizes and height limits; front setback lines and yard areas; and required parking; . The location of the proposed Second Unit in the R-1 Zoning District is complementary to policies and laws of the State of California, which require local agencies to adopt a second unit ordinance for the purpose of increasing the stock of affordable housing; 3. The project generates no significant adverse impacts, pursuant to the California MINUTES OF THE PLANNING COMMISSION Page 11 March 27, 1996 Environmental Quality Act, which, in fact, exempts such projects according to Categorical Exemption Class 3(b), Section 15303; and . The establishment, maintenance, or operation of the proposed Second Unit will not be detrimental to the health, safety, comfort or general welfare of persons residing or working within the neighborhood, or be detrimental to property or improvements around the site, or be harmful to the general welfare of the City, because the proposed structure would conform with the use and development standards for second units in the R-1 District. CONDITIONS OF APPROVAL: o All use, construction, or occupancy shall conform to the application and to any supporting documents submitted therewith. (SC #1) . Any construction, and the location thereof, shall conform to any maps, sketches, or plot plans accompanying the application or submitted by applicant in support thereof. (SC #2) o Any construction shall comply with the "Standard Specifications" for such type of construction now existing or which may hereafter be promulgated by the Engineering Department of the City of Ukiah; except where higher standards are imposed by law, rule, or regulation or by action of the Planning Commission such standards shall be met. (SC #3) . In addition to any particular condition which might be imposed, any construction shall comply with all building, fire, electric, plumbing, occupancy, and structural laws, rules, regulations, and ordinances. (SC #4) . Applicant shall be required to obtain any approval which is required by law, regulation, or ordinance. (SC #5) , Building permits shall be issued within two years after the effective date of the use permit or same shall be null and void. In the event the building permit cannot be issued within the stipulated period from the project approval date, a one year extension may be granted by the Director of Planning if no new circumstances impact the project. (SC #6) . If any condition, special or standard, is violated or if any required approval is not obtained, then the use permit granted shall be null and void; otherwise to continue in full force and effect indefinitely until otherwise terminated and shall nm with the land. (SC #8) o Except as otherwise specifically noted the use permit shall be granted only for the specific purposes stated in the action approving such use permit and shall not be construed as eliminating or modifying any building, use, or zone requirements except as to such specific purposes. (SC #9) MINUTES OF THE PLANNING COMMISSION Page 12 March 27, 1996 . 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. AYES: NOES: ABSTAIN: ABSENT: All curb, gutter, sidewalk, and street paving which are broken or damaged or driveways which will not be used are to be removed and replaced as required by the City Engineer. (SC #10) All on-site paving shall be a minimum of 2" of asphalt concrete with a 6" aggregate base, or an approved option. (SC #11) On-site drainage shall be to the approval of the City Engineer. (SC #12) All work within the City right-of-way shall be performed by a properly licensed Contractor with a current City of Ukiah Business License. Contractor must submit copies of proper insurance coverage (Public Liability, $1,000,000; Property Damage, $1,000,000) and current Workman's Compensation Certificate. (SC #13) An encroachment permit from the Public Works Department is required to perform all work within the street right-of-way. (SC #14) Stockpiled soil shall be protected from erosion, and drainage from all disturbed and stockpiled soils shall be directed on site to a disposal location approved by the City Engineer. (SC #15) Sewer, water, and electric service shall conform to the specifications of the City Department of Public Utility. (SC #16) Street improvements, including curb, gutter, sidewalk, and street trees shall be as per the City Engineer's recommendations. (SC #17) Hours of construction be limited to 7:00 a.m. to 7:00 p.m., Monday through Saturday. (SC #23) All conditions be completed prior to release of final inspection and issuance of use and occupancy permit. (SC #24) One of the units on the parcel must be occupied by the property owner. The second unit shall only be used for rental purposes. The rental unit shall be limited to two (2) occupants. Commissioner Baker and Chairman Ashiku Commissioners Larson and Pruden None None MINUTES OF THE PLANNING COMMISSION Page 13 March 27, 1996 Point of Correction and Clarification: The action by the Planning Commi~ion to approve Use Permit No. 96-02 (Ganter), based on the motion to approve and the resultant tie vote (2-2), constitutes a procedural error and improper closure to the subject application. In fact, tie votes shall always constitute lost motions, resulting in no action on the application. Consequently, Use Permit No. 96-02 was not approved, and the application has been appealed to the City Council. RECESSED: 8:22 p.m. RECONVENED: 8:34 p.m. 6C. Use Permit Application No. 96-08. as ~ed by Axt & Mitchell for Robert Sandelin, to _al_low a 379 square foot residence and a 1.208 square foot residence located on a parcel in the R-3 (General-Multiple Residential} Zoning District to be converted into professional office buildings, on progerty located at 311 West Perkins Street (Assessor Parcel No. 002-219-01}. Associate Planner David Lohse advised that approval of the project would allow the conversion of two residential structures located on a parcel in the R-3 District into separate office buildings. The areas of the structures are 379 and 1,208 square feet, respectively. The buildings are located on a 9,000 square foot lot located in dowmown Ukiah, and are surrounded by a single family residence to the south, a parking lot to the north, similar office conversions to the east and to the west, and a two-story commercial building. The buildings are single-story wooden structures that are both located on the east portion of the parcel, approximately 7 feet from each other. The proposed buildings would not be modified or expanded, although the applicant has indicated that exterior improvement, such as painting, would be included. The remaining areas of the lot are undeveloped, except for small lawn areas and landscaped trees. The western half of the site, which currently consists of a gravel parking area, would be improved with a paved parking area. There would be a gravel-surfaced service driveway along the southern boundary line. Planning staff reviewed the use and developmem standards for the R-3 District and determined that the project is consistem with all applicable standards. Staff also reviewed the project's compatibility with the standards for the C-1 District since the General Plan land use designation for the site has been changed to Commercial, and it is probable that the site will be rezoned to C-1. Again, the project is consistem with all of the applicable use and developmem standards for this district. Based on this analysis, it is staff's opinion that the project would be a substantial improvement over the existing developmem of the site. Therefore, the Planning Department recommends the approval of Use Permit No. 96-08, based on the Findings included on Page 3 of the Planning Report, and subject to Conditions 1-22, which are included on Pages 3-5. MINIJTES OF TI-IE PLANNING COMMISSION Page 14 March 27, 1996 CITY OF UKIAH PLANNING REPORT DATE: March 13, 1996 TO: City of Ukiah Planning Commission FROM: City of Ukiah Planning Department SUBJECT: Use Permit (#96-02) APPLICANT: Buck Ganter PROJECT SUMMARY: Approval of the proposed Use Permit would allow the construction of a 1,293 square foot Second Unit on a 0.38 acre parcel in the R-1 Zoning District. The discretionary action associated with this project is quasi-judicial in nature; therefore each decision-maker must physically and personally visit the site prior to participating in the vote to approve, disapprove, or modify the proposed project. PROJECT LOCATION: The proposed site is located at 725 Walnut Avenue, on the south side of Walnut Avenue, approximately 275 feet west of its intersection with Spring Street (Assessor Parcel Nos. 001-151-22). DEPARTMENT RECOMMENDATION: The Planning Department recommends APPROVAL of Use Permit No. 96-02 on the grounds that the use is compatible with the goals and policies of the Ukiah General Plan and with the use and development standards for the R-1 Zoning District. ENVIRONMENTAL DOCUMENTATION: The City of Ukiah as Lead Agency has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15303, Class 3(b), which permits construction of a second residential unit on a single family residential lot located in an urban area where full public services are available. GENERAL PLAN DESIGNATION: LDR (Low Density Residential). ZONING DISTRICT: R-1 (Single Family Residential) PROJECT DESCRIPTION: The project consists of a Use Permit to allow the construction of a second residential unit on a parcel located in the R-1 Zoning District. This parcel is currently developed with a 2,639 square foot single family residence that is located on the northern half of the lot and a 540 square foot detached garage located near the western property line. Both the detached garage and a double-wide garage attached to the rear of the existing residence are accessed by a 133 foot long, single- wide driveway that terminates at a twenty-foot wide parking area. The rest of the project site is landscaped with grass lawns and mature trees, including a Redwood tree and five Walnut trees. The proposed unit would be located on the southern, or rear, half of the parcel, approximately fifty-five feet south of the existing residential unit. This building would be twenty-three feet high, and forty-eight feet long by twenty-eight feet wide. It would be constructed with Masonite board siding painted beige, and roofed with dark-brown composition materials. These materials and colors match those used on the existing building. Access to the proposed second unit would be provided by the extension of the existing driveway to the building's north side. A full-size parking space would be constructed to provide parking and a turn-around area for vehicles. The construction of the second unit and the driveway extension will require the removal of two Walnut trees and three smaller trees located along the western property line. It would also require that a fence that crosses the parcel near the southern property line be removed or relocated. STAFF ANALYSIS: Planning Department staff reviewed the project and determined that it is consistent with all use and development standards for residential development in the R-1 Zoning District. These standards include general requirements for building height limits, building site area, front setbacks, required yards and parking. Section 9024 of the Zoning Code (attached) also outlines thirteen specific standards for the development of a second unit, including requirements for occupancy and use of the second unit, minimum lot and building sizes, parking spaces and compliance with zoning standards and applicable building and fire codes. Based on its review of the project, staff has determined that the proposed second unit complies fully with all of the applicable standards, and has recommended that Conditions 19-21 be adopted to ensure that continued compliance with these standards is made part of the approval for this project. The City Fire Marshal has indicated that the existing driveway is too narrow and too long to allow its use by City fire trucks in the event of a fire. However, the proposed second unit would comply with Fire Code standards if a residential sprinkler system is included in the construction of the house. This system would require approval by the Fire Marshal prior to the issuance of building permits for the site, and the Fire Marshal has requested that these requirements not be included in the Conditions of Approval. CONCLUSIONS: Planning Department staff conclude that the proposed Second Unit complies fully with applicable goals and policies of the General Plan, and with adopted Zoning Code standards for Second Units in the R-1 Zoning District. FINDINGS: The Planning Department's recommendation for the approval of this project is based, in part, on the following findings: , The proposed Second Unit, as conditioned, is consistent with the General Plan and with Municipal Code standards for Second Units in the R-1 Zoning District, including those for permitted uses and occupancy requirements; building site area; building sizes and height limits; front setback lines and yard areas; and required parking; . The location of the proposed Second Unit in the R-1 Zoning District is complementary to policies and laws of the State of California, which require local agencies to adopt a second unit ordinance for the purpose of increasing the stock of affordable housing; . The project generates no significant adverse impacts, pursuant to the California Environmental Quality Act, which, in fact, exempts such projects according to Categorical Exemption Class 3(b), Section 15303; and . The establishment, maintenance, or operation of the proposed Second Unit will not be detrimental to the health, safety, comfort or general welfare of persons residing or working within the neighborhood, or be detrimental to property or improvements around the site, or be harmful to the general welfare of the City, because the proposed structure would conform with the use and development standards for second units in the R-1 District. CONDITIONS OF APPROVAL: The following Conditions of Approval shall be made a permanent part of Use Permit #96-02, shall remain in force regardless of property ownership, and shall be implemented in order for this entitlement to remain valid: . All use, construction, or occupancy shall conform to the application and to any supporting documents submitted therewith. (SC #1) . Any construction, and the location thereof, shall conform to any maps, sketches, or plot plans accompanying the application or submitted by applicant in support thereof. (SC #2) . Any construction shall comply with the "Standard Specifications" for such type of construction now existing or which may hereafter be promulgated by the Engineering Department of the City of Ukiah; except where higher standards are imposed by law, rule, or regulation or by action of the Planning Commission such standards shall be met, (SC #3) . In addition to any particular condition which might be imposed, any construction shall comply with all building, fire, electric, plumbing, occupancy, and structural laws, rules, regulations, and ordinances. (SC #.4) , Applicant shall be required to obtain any approval which is required by law, regulation, or ordinance. (SC #5) o Building permits shall be issued within two years after the effective date of the use permit or same shall be null and void. In the event the building permit cannot be issued within the stipulated period from the project approval date, a one year extension may be granted by the Director of Planning if no new circumstances impact the project. (SC #6) , If any condition, special or standard, is violated or if any required approval is not obtained, then the use permit granted shall be null and void; otherwise to continue in full force and effect indefinitely until otherwise terminated and shall run with the land. (SC #8) , Except as otherwise specifically noted the use permit shall be granted only for the specific purposes stated in the action approving such use permit and shall not be construed as eliminating or modifying any building, use, or zone requirements except as to such specific purposes. (SC #9) o All curb, gutter, sidewalk, and street paving which are broken or damaged or driveways which will not be used are to be removed and replaced as required by the City Engineer. (SC #10) 10. All on-site paving shall be a minimum of 2" of asphalt concrete with a 6" aggregate base, or an approved option. (SC #11) 11. On-site drainage shall be to the approval of the City Engineer. (SC #12) 12. All work within the City right-of-way shall be performed by a properly licensed Contractor with a current City of Ukiah Business License. Contractor must submit copies of proper insurance coverage (Public Liability, $1,000,000; Property Damage, $1,000,000) and current Workman's Compensation Certificate. (SC #13) 13. An encroachment permit from the Public Works Department is required to perform all work within the street right-of-way. (SC #14) 14. Stockpiled soil shall be protected from erosion, and drainage from all disturbed and stockpiled soils shall be directed on site to a disposal location approved by the City Engineer. (SC #15) 4 15. Sewer, water, and electric service shall conform to the specifications of the City Department of Public Utility. (SC #16) 16. Street improvements, including curb, gutter, sidewalk, and street trees shall be as per the City Engineer's recommendations. (SC #17) 17. Hours of construction be limited to 7:00 a.m. to 7:00 p.m., Monday through Saturday. (SC #23) 18. All conditions be completed prior to release of final inspection and issuance of use and occupancy permit. (SC #24) 19. One of the units on the parcel must be occupied by the property owner. 20. The second unit shall only be used for rental purposes. 21. The rental unit shall be limited to two (2) occupants. ATTACHMENTS: 1. Location Map 2. Site Plan 3. Elevations of Proposed Second Unit ACKNOWLEDGEMENTS: The following personnel prepared and reviewed this Planning Report, respectively: Dave Lohse, Associate Planner Robert Sawyer, Planning Director DL:C:~,U P#96-02.PC LOCATION MAP USE PERMIT NO. 96-02: GANTER 725 Walnut Avenue (Assessor Parcel Nos. 001-151-22 MUNICIPAL COURSE POMOLITA SCHOOL ANTON STADIUM TODD GROVE NUMICIPAL PARK O 500 ,looo 15oo 2000 2500 Feet §9024' SECOND UNITS: In Single-Family Residential (R-l) Districts, second units may be allowed with an approved use permit subject to the following minimum criteria: Ae B. One of the units on the parcel must be occupied by the property owner.. The second unit shall only be used for rental purposes. Ce The construction of a new unit or alteration of existing structures shall be considered by the Planning Commission during the use permit process and have design continuity with existing homes in the neighborhood. De The minimum lot size upon which a second unit may be placed is six thousand (6,000) square feet. E. Parking requirements for the second unit shall be one off-street independently accessible parking space. ,, F. The second unit must meet all applicable building and fire code's, and zoning setback and yard requirements .per §§9020 and 9021. The unit shall have electric, water and sewer service provided through the City with the type of meter arrangement at the property owner's option. G. In any event, a second and/or separate entrance to the new' unit is required. H,, This provision is applicable to all existing second units as well as those proposed after the effective date of this ordinance. Existing units must have an approved use permit to be considered as a legal use. The maximum size of a new unit or addition to an existing structure for the purpose of rental as prescribed here is six hundred sixty (660) square feet for a six thousand (6,000) square foot lot or eleven percent (11%) of the lot size for larger parcels. J. Mobile homes are explicitly precluded for use as a second unit. K. These regulations do not allow the division of property upon which a second unit is located unless all requirements of the R-1 zoning district are met. L. The rental unit shall be limited to two (2) occupants. U. Any home constructed after the effective date of this ordinance is ineligible for the creation of a second.unit. (Ord. 813, §2, adopted 1983) ~ t~C/L Walnut Avenue - / Planter Area Sidewalk 75.00' N 78015' E 275'+ TO FIRE HYDRANT CORNER WALNUT/SPRING LLI Z w n 0 EXlSTIN~ CARPORT TO BE REMOVED North STEARNS SINGLE FAMILY RESIDENCE EXISITNG DRIVE NEW f DRIVE~ LU GARAGE I o 0 16' Walnul/J lo be 20' ,PROPOSED 2nd UNIT 1293 sq. ft. 15' N 76°48'20" E Beth Ganter 725 Walnut Avenue Ukiah, CA 95482 A.P.# 001-151-22 SITE PLAN SCALE' 1"= 25' LU O z LU 23'± April 5, 1996 To: City Council of the City of Ukiah ~Jil Y L;Lbh'K DEPAI~'I'MEN'r Re: Appeal of Planning Commission's Denial of Use Permit 96-02, as filed by Buck Ganter, to allow the construction of a 1,293 sq. fl. second unit on a .38 parcel located in the R-1 Zoning District, located at 725 Walnut Avenue, Ukiah, Ca. I will be out of town on April 17, 1996 and thus, will not be able to attend the public hearing regarding the above issues. I reside at 707 Walnut Avenue and am quite familiar with the proposed project. I would like to give my complete support for this proposed project. I live just two houses away from Mrs. Ganter and would look forward to the completion of this project and do not feel that this project would in any way disrupt or disturb the neighborhood nor would it disrupt anyone's views of the hills. All conditions listed for variance applications are completely satisfied, and in fact, there is no need for a variance at all!! All the requirements for setbacks are completely satisfied and are actually much more than required by city rules and regulations. The Ganter family has resided on this huge property for many, many years and I feel it is their right to build a second unit as long as they are following all city guidelines. In fact, they are proposing to build a second unit with even more distance from neighbors than is required by law. The issue of a second floor with only one room is entirely witlfin the code of the law, and 1 support this aspect of the project, also. If Mrs. Betl~ Ganter required live-in nursing care or assistance with activities of daily living, then this room would be an ideal solution and offer this person close, but private quarters. Again, since I will not be able to attend this very important hearing, I wish to express my complete support for the proposed project. JMost sincerely, ~ E. Regina Wiffman, M.D. EXISTIN(~ CARPORT -- TO BE REMOVED Norttt LU ..... C/L Walnut Avenue- 275'+ TO FIRE HYDRANT CORNER WALNUT/SPRING EXISITNG DRIVE Planter Area Sidewalk 16" Walnul 75,00' N 78°15' E GARAGE 16' Walnu¢ :ledwood ~c LLI walnut to be removed STEARNS SINGLE FAMILY RESIDENCE 20' 1293 sq. ft. 15' 75.04' '~' N 76048'20" E Beth Ganter 725 Walnut Avenue Ukiah, CA 95482 A.P.# 001-151-22 SITE PLAN SCALE' 1"= 25' 8 \-o 0 tll ,,, C/L Walnut Avenue Planter Area Sidewalk N 78°15' E · . 275'+ TO FIRE HYDRANT CORNER WALNUT/SPRING .-H UJ O Z EXISTIN~ CARPORT TO BE REMOVED Norlt~ STEARNS SINGLE FAMILY RESIDENCE 20' EXISITNG DRIVE ' O I !6' Walnu GARAGE O ,PROPOSED 2nd UNIT 1293 sq. ft. .. walnut to be removed 15' N 76"48'20" E Beth Ganter 725 Walnut Avenue Ukiah, CA 95482 A.P.# 001-151-22 SITE PLAN SCALE: 1"= 25' ! AGENDA SUMMARY ITEM NO.: 8d DATE: April 17, 1996 REPORT SUBJECT: APPEAL OF THE PLANNING COMMISSION'S DENIAL OF USE PERMIT APPLICATION NO. 96-08 (SANDELIN) SUMMARY: On March 27, 1996, the Planning Commission denied Use Permit Application No. 96-08, as filed by Robert G. Sandelin, by a vote of 2-2, based on (SUMMARY continued on next page) RECOMMENDED ACTION: City Council approve the applicant's appeal, and approve the proposed conversion of two residential units to office buildings, based on the Findings included in the attached Planning Report, and subject to the Conditions of Approval recommended in this Report. ALTERNATIVE COUNCIL POLICY OPTION: 1. Deny the appeal and uphold the actions of the Planning Commission. Appropriation requested: N/A Citizen advised: Legal Notice posted and advertised Requested by: Robert G. Sandelin Prepared by: Dave Lohse, Associate Planner Coordinated with: Bob Sawyer, Planning Director, and Candace Horsley, City Manager Attachments: 1. Request for Appeal of Planning Commission action to City Council. 2. Planning Commission Minutes from March 27, 1996, meeting. 3. Planning Report to Planning Commission (dated March 13, 1996). APPROVED.~ '~. , Candace Horsley, City I~anager PROJECT SUMMARY (continued): concerns that the approval of the Use Permit would allow the conversion of existing residential structures to commercial office uses, contributing to a decline in the amount of housing in the downtown area. The motion that was adopted to deny the use permit also cited the project's inconsistency with the General Plan and its detrimental effects to the general welfare to the city (due to the loss of residential units), and requested that the applicant work with City staff to retain the residential and historical/architectural nature of the buildings. Planning Department staff do not concur that the project would cause, or contribute in a significant manner to, a decline of housing in the area since there are only two single family residences on the site. In addition, the subject property was reclassified to a Commercial land use designation when the revised General Plan was adopted on December 6, 1995, and it is probable that the site will be rezoned to the C-1 (Light Commercial) zoning district or a zoning designation designed to encompass the varied needs of the downtown area. Furthermore, it is staff's opinion that either of these zoning categories could allow joint commercial/residential development projects on this site and other sites in the downtown area if requested by an applicant. Planning Department staff also reviewed the General Plan to ensure that the proposed conversion to office uses is consistent with adopted goals and policies, and could find no inconsistencies relevant to the use of the site for commercial purposes. In fact, the existing residential uses would become legal, but nonconforming, structures once the site is rezoned to a zoning district that is consistent with the adopted land use classification. The proposed office use is, therefore, the more consistent use of the site, in the opinion of staff. The Housing Element of the General Plan does contain goals that encourage the City of Ukiah to participate with agencies that purchase or rehabilitate properties for Iow to moderate income persons. These goals, however, do not require that participation by landowners in such programs be mandated, or done in preference to the development of commercial buildings. Therefore, it is the opinion of staff that participation in one of these programs by the owners of the subject property should be entirely voluntary, and should not be used as a rationale for the denial of this project. The Planning Department has prepared an analysis of the project in the attached Planning Report that further explains its recommendation for the approval of this project. This Report includes both Findings in support of the project, and recommended Conditions of Approval. The Planning Department recommends that the applicant's appeal be upheld and the request for a Use Permit to allow the conversion of two residential units in the R-3 District into office buildings be approved. March 29, 1996 Cathy McKay, City Clerk 300 Seminary Avenue Ukiah, CA 95482 Dear Mrs. McKay, On March 27, 1996, the City of Ukiah Planning Commission denied Use Permit Application 96-08 to establish a commercial office use in an R-3 zone. I wish to appeal this decision to the Ukiah City Council at the earliest possible time. I am appealing the Planning Commission action for the following reasons: a. The proposed use does not pose any threat to the general safety and welfare of the community. b. The proposed change of use involves two buildings that are in character with the neighborhood but in a deteriorating condition. The proposed change of use will make it economically practical to repair and renovate these structures, and develop the present gravel parking lot to city standards. This will result in extending the useful life of the buildings and improving the general appearance of the property on the whole. c. All other properties located at this intersection (Pine and Perkins), including one owned by the City of Ukiah, are allowed to conduct commercial business uses. Granting the proposed use permit will allow me to do the same. This application would not grant special privilege. If you require any additional information, or if I am required to take any further action in pursuit of this appeal, please call me at 462-5209. Respectfully, Robert G. Sandelin 318 Jones Street Ukiah, CA 95482 AT 6:30 ¥, Point of Correction and Clarification: The action by the Planning Commi~ion to approve Use Permit No. 96-02 (Ganter), based on the motion to approve and the resultant tie vote (2-2), constitutes a procedural error and improper closure to the subject application. In fact, tie votes shall always constitute lost motions, resulting in no action on the application. Consequently, Use Permit No. 96-02 was not approved, and the application has been appealed to the City Council. RECESSED: 8:22 p.m. RECONVENED: 8:34 p.m. 6C. Use Permit Application No. 96-08. as ~ed by Axt & Mitchell for Robert Sandelin. to allow a 379 square foot residence and a 1.208 square foot residence located on a parcel in the R-;~ (General-Multiple Residential) Zoning District to be converted into professional buildings, on pro_t~erty located at 311 West Perkins Street (Assessor Parcel No. 002-219-01), Associate Planner David Lohse advised that approval of the project would allow the conversion of two residential structures located on a parcel in the R-3 District into separate office buildings. The areas of the structures are 379 and 1,208 square feet, respectively. The buildings are located on a 9,000 square foot lot located in downtown Ukiah, and are surrounded by a single family residence to the south, a parking lot to the north, similar office conversions to the east and to the west, and a two-story commercial building. The buildings are single-story wooden structures that are both located on the east portion of the parcel, approximately 7 feet from each other. The proposed buildings would not be modified or expanded, although the applicant has indicated that exterior improvement, such as painting, would be included. The remaining areas of the lot are undeveloped, except for small lawn areas and landscaped trees. The western half of the site, which currently consists of a gravel parking area, would be improved with a paved parking area. There would be a gravel-surfaced service driveway along the southern boundary line. Planning staff reviewed the use and development standards for the R-3 District and determined that the project is consistent with all applicable standards. Staff also reviewed the project's compatibility with the standards for the C-1 District since the General Plan land use designation for the site has been changed to Commercial, and it is probable that the site will be rezoned to C-1. Again, the project is consistent with all of the applicable use and development standards for this district. Based on this analysis, it is staff's opinion that the project would be a substantial improvement over the existing development of the site. Therefore, the Planning Department recommends the approval of Use Permit No. 96-08, based on the Findings included on Page 3 of the Planning Report, and subject to Conditions 1-22, which are included on Pages 3-5. MINUTES OF THE PLANNING COMMISSION Page 14 March 27, 1996 Commissioner Pruden inquired regarding a landscaping plan for the project. Mr. Lohse replied the landscaping proposed has been included on the site plan itself, designated as new plamings. However, the specific plant species have not been identified. Senior Planner Charley Stump stated staff has required a final landscape plan as one of the project's conditions of approval. Commissioner Pruden asked for clarification relative to the parking area and lot boundaries. Mr. Lohse replied the parking lot will be paved and striped; there will be a gravel driveway for service vehicles only. The vacant lot on the comer, including the two houses, is a single parcel and will serve as parking for both houses. Commissioner Larson asked if the R-3 land use designation was in conflict with the new general plan designation. Mr. Lohse replied in the affirmative. Mr. Stump stated that issue will be resolved with the change to the C-1 Commercial designation. Mr. Lohse replied that fact was indicated to the applicants and they wished to proceed now. Commi,~ioner Baker stated she does not agree with the statement that this will probably be a C-1 zone; they have yet to do the zoning for the new general plan. Discussion at the growth managemem steering committee evidenced the desire to keep a residemial zoning within the commercial land use designation. With that concept in mind, they were able to approve the high level of commercial land use that they did; the intent in the discussion for the land use and zoning at the growth management steering level was to retain a residential zoning in commercial land use. Mr. Stump replied Commissioner Baker is correct regarding the general plan vision for mixed commercial and residemial uses in the downtown, and that the property is designated commercial in the general plan. They are considering various options for the rezoning on that property to be consistent with that designation, including the possibility of a dowmown commercial zoning district, which would include mixed uses. Discussion followed relative to the zoning indicated in the new general plan. PUBLIC HEARING OPENED: 8:44 p.m. Lawrence Mitchell, 1400 Madrone, representing the owners of the property, stated they had prepared an application which they thought met all of the City's design criteria. They have addressed the parking issue, and do not anticipate the proposed use will generate any increase in the noise or traffic impacts on the adjoining properties. They are of the opinion they have designed a compatible project since there are other commercial and office properties in the area. It is important to his clients to keep the residential appearance of the buildings even though the use is for offices. The buildings will still maintain the residential character which would be in keeping with the visual character of the neighborhood although not MINUTES OF THE PLANNING COMMISSION Page 15 March 27, 1996 in keeping with the use mix of the general plan. They have attempted to make the view from the south compatible and pleasing by adding landscaping to screen the parking lot and improve the appearance of the gravel lot that is there now. They have no objections to the conditions, except No. 3, 1st Sentence, "or which may hereafter be promulgated by the Engineering Department of the City of Ukiah." They would like to see some additional wording added to that condition that would limit it to the time frame they are talking about here and not into the future. Commissioner Pruden asked if the buildings were going to be remodeled in such a way that it would allow a business owner to both live in the units and also operate a home business from them. Mr. Mitchell replied they are not taking out the kitchen; however, they are removing the bathing facilities from the bathroom. The interior floor plan does not lend itself to zoning private spaces versus public spaces. The rooms in the larger unit are like a pinwheel; it is difficult to maintain a living type privacy and still conduct a business there. Commissioner Pruden asked if they had considered whether the tenant might choose to operate a home business on the property and contemplated that as a design option for the interior. Robert Sandelin, applicant, stated it was their intention to rent office space. Mr. Mitchell indicated the project was designed for the proposed tenant's needs. Discussion followed regarding fire walls, wherein it was determined the building inspector did not indicate a need for a fire wall; however, it was indicated that building permits would be required for the remodeling of the interiors of the buildings. It was further determined neither the code nor the city ordinance requires the installation of fire sprinklers for this project. Commissioner Larson asked if the commercial building to the east of the project site was in the same ownership, and what the use was on the building's second story. Mr. Mitchell replied it was in the same ownership; he had no answer relative to the use. PUBLIC HEARING CLOSED: 8:53 p.m. Commissioner Baker stated she was in favor of all of the improvements to the property with the exception of the gravel road leading to the back. She walked the entire neighborhood and observed only one other commercial use on that block, which is the building to the east. One of the major discussions they had in the growth management steering process was concerned with creating and maintaining a downtown area that supported a variety of uses and retained its residential character as well. She has a difficult time with the conversion of residential units to commercial uses. There are no unique characteristics to this property that cannot be filled by other locations. She is concerned about the loss of residential uses in the downtown area; she cannot support this loss of two residential units. Commissioner Pruden stated she liked the improvements, and recognizes the responsible attitude the Sandelin family has shown in all their properties, both residential and commercial. She is appreciative that they are keeping the exteriors which will be restored and enhanced. However, she is fearful of the loss of two residential units, and turning the downtown into a "no man's land"; there is no affordable housing MINUTES OF THE PLANNING COMMISSION Page 16 March 27, 1996 in the downtown core. She was hoping to see that should the business move out of the buildings, they could then be used as residential rentals. She is concerned regarding the extensive remodeling of the interiors; expensive remodeling may be required to mrn them back into residential units. She is struggling with the conversion of residential to commercial in that area. Chairman Ashiku stated the decision is difficult for him as well. He is assuming that the need for affordable housing outweighs the need for additional commercial office space at this point in time, yet he is unsure whether a 379 sq. ft. unit is a viable living unit. It may also be difficult to rent a piece of property adjacent to a large unit and located next to a parking lot and on a busy street. He is undecided as he does not know whether there is adequate evidence or compelling reason to presently change the use of this property; however, perhaps the best use of this property may be what is proposed. Commissioner Larson stated he shares the concerns regarding the housing situation; however, he also sees the state the property is in. He likes the fact that its appearance is being upgraded for commercial occupancy. It is a difficult decision for him also; he is aware that occupancy is a key issue. If the owners are not bringing in an income from the properties, they cannot maintain them in a way that would be a benefit to the rest of the community. If, then, that use is commercial, so be it. He would hope the potential remains to return the buildings to residential use if it should become economically viable to do SO. Chairman Ashiku requested that the applicants respond to their discussion. PUBLIC HEARING REOPENED: 9:00 p.m. Roe Sandelin, 214 North Dora, property owner, stated one of the reasons they came forward with this project was because the property is deteriorating. The buildings are in need of some major repair; the owners are at that time when if an income can be derived from the property, they will attempt to fix them up. All four corners of the intersection are currently commercial use; in the general plan the entire block the Catholic church is on has been zoned for high density residential. The two buildings on the project site are aesthetically pleasing and it is nice to have the blend of different architectural features in buildings in the neighborhood. They could tear them down and replace them with a more modern design; however, they would rather preserve the buildings. If they remodel them for residential use, the cost of the work versus the income would be prohibitive unless they considered a contract with the government for a subsidized situation. That would not be their choice. Chairman Ashiku asked if both buildings were presently occupied. Mr. Sandelin replied the small house will stay as it is for at least a year, perhaps longer. They do have a commercial tenant who would like to move into the larger building; the present tenants are considering moving. These houses would support a "live in the back, have a business in the front" type of space. The bathrooms will not be removed; actually, it is an advantage to have them there. Commissioner Pruden stated now she is hearing the applicant is willing to consider having a functional bathroom, and maybe a shower facility. Her concern is that irretrievable remodeling would occur, thus never allowing the residence to be converted back to residential. She asked if a design could be worked out so there would be some options for a home business. MINUTES OF THE PLANNING COMMISSION Page 17 March 27, 1996 Mr. Sandelin replied the tenant for the large house wants it to remain as it is currently, although it must be made handicapped accessible. The fireplace will also remain in place. Commigeioner Pruden asked if the applicant could afford to make the improvements to the parking if the property did not go to commercial use. Mr. Sandelin replied no, the rents are too low. They also want to put in improvements that will give the buildings another 20 years of life. Commi.~sioner Pruden queried the staff relative to whether it could be conditioned in the use permit that the alterations would not be so significant that the buildings could not be reverted back to residential use. Mr. Stmnp replied if the condition can be tied to the £mding that the project will be detrimental to public health and welfare, then it can be conditioned. Commissioner Larson asked if it was necessary for the applicant to convert both structures to commercial use to make the project economically viable. Mr. Sandelin replied, ultimately, yes. It will take the income from both buildings to make the expensive repairs. If they remove the bathtub and install a shower, it must be handicapped accessible. Any facilities related directly to a commercial use means that handicapped access requirements are activated; whether it will ultimately be a residence does not matter. PUBLIC HEARING RECLOSED: 9:15 p.m. Chairman Ashiku commented relative to preserving the architecture in that neighborhood. He does not like to see the loss of housing, but senses the economic necessity of doing so. Commi.~ioner Baker stated she has never seen commercial use reverting back to residential use. When the commercial property is vacant, it just sits there. She feels it is detrimental to the City to convert residential to commercial. The economics of the situation really are not a matter for the Commission's concern; that is the property owner's problem. There is no grave economic hardship happening here. She further stated she would be willing to work with the Sandelin family, free of charge, to try and find a mechanism to rehabilitate and retain this housing, perhaps through the City's low-income housing setaside funds, which purposely sets aside a percentage of all of the redevelopment funds for the retention, improvement and construction of housing in the redevelopment zone. She is of the opinion these properties would make a good application. Commi.~sioner Larson stated he currently lives in a house that has been transferred from residential to commercial and back many times; it does happen although it is not the norm. If preserving residential is the only priority, and commercial is the only economically viable solution, a logical solution would necessitate the buildings torn down and something new constructed. However, he does want to see the property maintained; in this case the transition is appropriate. If it is possible to return the property to residential use, nothing should be done to prevent that. MINUTES OF THE PLANNING COMMISSION Page 18 March 27, 1996 Discussion followed relative to the issue of preventing headlight glare from the parking lot, wherein it was determined the hedge that will be planted in that area will be a sufficient barrier and an adequate mitigation of that potential impact. Commi.~sioner Pruden asked if a use permit was required to operate a home business in an R-3 designation. Mr. Lohse replied it depends on the size of the business. A person can apply for a "home occupation," which has specific recommendations for the size and scope that allows a very small sign, and recommends clients appear on an "appointment only" basis. The intent is to keep the business the secondary use and not the primary use. Discussion followed relative to commercial versus residential use of the property. ON A MOTION by Commissioner Baker, seconded by Commissioner Pruden, it was carried by the following roll call vote, to deny Use Permit Application No. 96-08, as filed by Axt & Mitchell for Robert Sandelin, as the loss of housing, particularly in the downtown area, is contrary to the general plan and is detrimental to the general welfare of the City, and that it be requested that the City work with the applicant through the redevelopment/affordable housing process to retain the residential and historical or architectural nature of the property through whatever avenue may be appropriate. Chairman Ashiku stated he is uncertain whether the applicant has demonstrated all of the opportunities for rehabilitation of this property. However, he does not know what strings were attached and what this would mean to the applicant. Commi~sioner Baker replied the parameters under which those funds are granted are very open. The City Council has in the past supported the recommendations of the Committee. AYES: NOES: ABSTAIN: ABSENT: Commissioners Baker and Pruden Commissioner Larson and Chairman Ashiku None None Point of Correction and Clarification: The action by the Planning Commi~ion to deny Use Permit No. 96-08 (Sandelin), based on the motion to deny and the resultant tie vote (2-2), constitutes a procedural error and improper closure to the subject application. In fact, tie votes shall always constitute lost motions, resulting in no action on the application. Consequently, Use Permit No. 96-08 was not denied, and the application has been appealed to the City Council. At the request of staff, Agenda Item 7A was heard at this time. MINUTES OF THE PLANNING COMMISSION Page 19 March 27, 1996 CITY OF UKIAH PLANNING REPORT AGENDA ITEM: .... DATE: ,,, 6c March 27, 1996 IU DATE: March 14, 1995 TO: City of Ukiah Planning Commission FROM: City of Ukiah Planning Department SUBJECT: Use Permit (#96-08) APPLICANT: Axt & Mitchell, for Robed Sandelin PROJECT SUMMARY: Approval of the proposed Use Permit would allow two existing residential buildings located on a parcel in the R-3 (General Multiple-Residential) Zoning District to be used for professional offices. The areas of the structures are 379 and 1,208 square feet, respectively. The discretionary action associated with this project is quasi-judicial in nature; therefore each decision-maker must physically and personally visit the site prior to participating in the vote to approve, disapprove, or modify the proposed project. PROJECT LOCATION: The proposed site is located at 311 West Perkins Street, on the southeast corner of the intersection of Perkins Street and Pine Street (Assessor Parcel No. 002-219-01). DEPARTMENT RECOMMENDATION: The Planning Department recommends APPROVAL of Use Permit No, 96-08 on the grounds that the project is consistent with the goals and policies of the General Plan and the use and development standards for the R-3 (General-Multiple Residential) and C-1 (Light Commercial) Zoning Districts. ENVIRONMENTAL DOCUMENTATION: The City of Ukiah as Lead Agency has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15303, Class 3(c), which permits the conversion of commercial buildings in urbanized areas. GENERAL PLAN DESIGNATION: C (Commercial) ZONING DISTRICT: R-3 (General Multiple-Residential) PROJECT DESCRIPTION: The project consists of a Use Permit to allow the conversion of two existing residential buildings located on a parcel in the R-3 District to professional office buildings. There would be no expansiort or major exterior modifications of these structures, which are 379 and 1,208 square feet, respectively. The project site consists of a parcel that is approximately 9,000 square feet in area. This parcel has relatively even topography, with a distinct slope from the west to the east. The west half of the parcel contains no structures and no significant landscaping. It is currently used for private parking, with a driveway apron along the Perkins Street frontage. The residential structures are both located on the eastern half of the project site, approximately eight to twenty-three feet from the northern property line and five feet from each other. Both of these buildings are single story, and constructed with wood materials and composition shingle roofs. The larger structure has a covered porch along its north elevation. The structure would be remodeled internally to provide office space, but no significant exterior modifications or additions are included as part of this application. The rest of the parcel would be improved with a 2,200 square foot paved parking area on the west side of the parcel and extensive landscaping that would include five trees along the Perkins Street and Pine Street frontages. None of the existing landscaping would be removed. STAFF ANALYSIS: Staff reviewed the proposed expansion and determined that the proposed project complies with the use and development standards for the R-3 Zoning District, including standards for building height, front setback lines, required yards and parking. Staff also noted that the General Plan land use classification for this parcel was changed from High Density Residential to Commercial when the recently revised Plan was adopted by the City Council on December 6, 1995. Since it is probable that this parcel will be rezoned from the R-3 District to the C-1 District to conform with its land use designation, staff also reviewed the project's compliance with the use and development standards for the C-1 Zoning District. Based on this review, staff has determined that the proposed offices would be consistent with the applicable standards for the C-1 District, including building heights, front yard setbacks, required yard areas and parking. It should be noted, however, that the project site is bounded by a single family residence on its south side that has windows and a porch area that are in a direct line with the proposed parking area. This parking area has only seven parking spaces, and is not required by Zoning Code provisions to provide any screening between the spaces and adjacent residential properties. Staff, however, recommends that the proposed landscaping on the south side of the parking lot consist of a continuous hedge that would block vehicle headlights that otherwise might shine on the adjacent residence. The Code also requires that any security lighting that is installed in the parking area must be directed internally and away from residential uses. CONCLUSIONS: Planning Department staff conclude that the proposed office use, as conditioned, is consistent with the goals and policies of the General Plan and with the use and development standards for both the R-3 and the C-1 Districts. FINDINGS: The Planning Department's recommendation for the approval of this project is based, in part, on the following findings: o The project conforms to all use and development standards established in the Zoning Code for both the R-3 and the C-1 Zoning Districts that are applicable to the project site, including allowed uses, building height limits, building site areas, yard areas, setbacks and parking; o The project generates no significant adverse impacts, pursuant to the California Environmental Quality Act, which in fact exempts such projects, according to Categorical Exemption Section 15303, Class 3(c); and o The granting of the proposed Use Permit will not, as conditioned, materially affect the health, safety, comfort or general welfare of persons residing or working in the neighborhood, or be detrimental to property or improvements on or around the site, or be harmful to the general welfare of the City since the development proposed on the site has been designed in conformance with all applicable Municipal Code standards for the development of office uses in the R-3 and C-1 Districts. CONDITIONS OF APPROVAL: The following Conditions of Approval shall be made a permanent part of Use Permit #96-08, shall remain in force regardless of property ownership, and shall be implemented in order for this entitlement to remain valid. · All use, construction, or occupancy shall conform to the application and to any supporting documents submitted therewith. (SC #1) o Any construction, and the location thereof, shall conform to any maps, sketches, or plot plans accompanying the application or submitted by applicant in support thereof. (SC #2) · Any construction shall comply with the "Standard Specifications" for such type of construction now existing or which may hereafter be promulgated by the Engineering Department of the City of Ukiah; except where higher standards are imposed by law, rule, or regulation or by action of the Planning Commission such standards shall be met. (SC #3) o In addition to any particular condition which might be imposed, any construction shall comply with all building, fire, electric, plumbing, occupancy, and structural laws, rules, regulations, and ordinances. (SC #4) · Applicant shall be required to obtain any approval which is required by law, regulation, or ordinance. (SC #5) o . . o 10. 11. 12. 13. 14. 15. 16. Building permits shall be issued within two years after the effective date of the use permit or same shall be null and void. In the event the building permit cannot be issued within the stipulated period from the project approval date, a one year extension may be granted by the Director of Planning if no new circumstances impact the project. (SC #6) If any condition, special or standard, is violated or if any required approval is not obtained, then the use permit granted shall be null and void; otherwise to continue in full force and-effect indefinitely until otherwise terminated and shall run with the land. (SC #8) Except as otherwise specifically noted, any use permit shall be granted only for the specific purposes stated in the action approving such use permit and shall not be construed as eliminating or modifying any building, use, or zone requirements except as to such specific purposes. (SC #9) All curb, gutter, sidewalk, and street paving which are broken or damaged or driveways which will not be used are to be removed and replaced as required by the City Engineer. (SC #10) All on-site paving shall be a minimum of 2" of asphalt concrete with a 6" aggregate base, or an approved option. (SC #11) On-site drainage shall be to the approval of the City Engineer. (SC #12) All work within the City right-of-way shall be performed by a properly licensed Contractor with a current City of Ukiah Business License. Contractor must submit copies of proper insurance coverage (Public Liability, $1,000,000; Property Damage, $1,000,000) and current Workman's Compensation Certificate. (SC #13) An encroachment permit from the Public Works Department is required to perform all work within the street right-of-way. (SC #14) Stockpiled soil shall be protected from erosion, and drainage from all disturbed and stockpiled soils shall be directed on site to a disposal location approved by the City Engineer. (SC #15) Sewer, water, and electric service shall conform to the specifications of the City Department of Public Utility. (SC #16) Street improvements, including curb, gutter, sidewalk, and street trees shall be as per the City Engineer's recommendations. (SC #17) 4 17. All signing to conform to the City of Ukiah Sign Code and the Sign Program approved for the project site. 18. Any roof-mounted air conditioning, heating, and ventilation apparatus be aesthetically screened from view consistent with the architecture of the building on which it is located. (SC #19) 19. Any outdoor refuse/recycle containers be aesthetically screened from view. Garbage shall not be visible outside the enclosure. (SC #20) 20. Hours of construction be limited to 7:00 a.m. to 7:00 p.m., Monday through Saturday. (SC #23) 21. All conditions be completed prior to release of final inspection and issuance of use and occupancy permit. (SC #24) 22. A Landscaping Plan shall be reviewed and approved by the Director of Planning prior to the issuance of building permits for the proposed conversion of the existing residential strucutures to office uses. ATTACHMENTS: . 2. 3. 4. 5. Location Map Site Plan Building and Site Data Sheet Applicant's Statement Photographs of North and West Building Elevations ACKNOWLEDGEMENTS: The following personnel prepared and reviewed this Planning Report, respectively: Dave Lohse, Associate Planner ~)~ n D~rector 5 LOCATION MAP USE PERMIT # 96-08 311 West Perkins Street (Assessor Parcel Nos. 002-219-01) crlY OF UKIAH CMC CENTER 0 5oo looo 15oo 2ooo 25oo Feet o. / · ! · · ..5 STB:EET -(u) ~.o,-~ · ,,,, . ( (~'} 14ou~-~=- 7-, · o ~ · .~II TE PLAN ~, UILDING DATA PROJECT: ADDRESS: OWNER: GOVERNING CODES: Residential Alterations ( Conversion of 2 Slngl.e Family Residences to 2 Professional Offices ) 311 & 312 West Perkins Street Mr. Robert Sandelin, et al. 318 Jones Street. Ukiah, CA 95482 UNIFORM BUILDING CODE, LATEST EDITION UNIFORM MECHANICAL CODE, LATEST EDITION UNIFORM PLUMBING CODE, LATEST EDITION NATIONAL ELECTRIC CODE, LATEST EDITION CALIFORNIA CODE OF REGULATIONS, TITLE 24 LAND USE ZONES (S) : R-3 ( Residential, MulUple Family ) CONSTRUCTION TYPE : Type 6,N NUMBER OF UNITS : 2 NUMBER OF STORIES : One UBC OCCUPANCY : R-3 BUILDING AREA : 1470 SF total enclosed area · 379 SF + 1091 SF ASSESSORS PARCEL : 002-219-01 LOT AREA : 9,033.76 SF CLIMATE ZONE : 02 SEISMIC ZONE : 04 WIND EXPOSURE : B SITE DATA GROSS LAND AREA 9,033.76 SF BUILDING FOOTPRINT (E) HOUSE 1 1,364.00 SF (E) HOUSE 2 403.00 SF TOTAL ( Both Units) 1,767.00 SF TOTAL ENCLOSED BUILDING AREA 1,470.00 SF PAVED AREAS ASPHALT DRIVE/PARKING 2,027.00 SF CONCRETE WALKS/SLABS 620.00 SF SUBTOTAL 2,647.00 SF OFF SITE 704,00 SF TOTAL PAVED AREA 3,351.00 $F LANDSCAPED AREAS ON SITE (FRONT+ SIDE) 042.00 SF ON SITE (REAR+ SIDE) 3.677.7§ _SF SUBTOTAL 4,619.76 SF OFF SITE 482.00 ~F TOTAL LANDSCAPED AREA E,101.76 SF MISCELLANEOUS 000.00 TOTAL ~,033.75 SF 100.0% 10.6% 29.4% 61.0% 00,0% 100.0% OTHER DENSITY LAND AREA INFOMATION NUMBER OF UNITS, EXISTING NUMBER OF UNITS, PROPOSED PARKING REQUIRED RATIO (UNIT TO PARKING) NUMBER OF REQUIRED SPACES PROVIDED : 0033.76 SF ( 6000 SF min. per R-3 zone ) : 2 UNITS : 2 UNITS (No Change) : 1:250 SF of leasable space :6 :7 AXT & MITCHELL 135 West Gobbi Street, Ukiah, CA. 95482 (707) 462-8778 Sandelin Use Permit Application: City of Ukiah Change of Occupancy 311 and 331 West Perkins Street, Ukiah The subjects of this Use Permit application are two existing single family dwellings located at 311 and 331 West Perkins Street. Both dwellings are on one lot of approximately 9,033 square feet, which is situated at the southeast corner Perkins Street's intersection with Pine Street. The purpose of this permit application is to allow for the conversion of these two single family residences to professional offices. The owner believes that professional offices would be the best use for this property. Professional offices are in the category of conditionally permitted uses under the property's current R-3 zoning. The intention of this project is to change the occupancy of the buildings while maintaining the historical residential character of the property. Looking north from both residences, directly across Perkins Street, is a City operated automobile parking lot which generates traffic and some degree of noise at all hours of the business day. Commercial property is immediately adjacent to the east ( APN 002-219-'02), which is under the same ownership as the subject property. The area to the west is a mixture of residential and some professional uses. Engineering and forestry offices are in the northwest and southwest directions, respectively. The southeast area behind the subject property is a mixture of single family and multifamily housing. The general vicinity is a mixture of uses and clearly cannot be defined as one use in particular. Currently, both dwelling units on the subject property are rented as residences. There is an unimproved area on the westerly portion of the lot which is rented to individuals for automobile parking, and it also serves as on-site No exterior trash enclosures are proposed. The owner feels that the 12 square feet of trash storage required by the City can be housed within the existing structures. This change of use has many positive features such as: generally improving the property's appearance and promoting better neighborhood character; providing the opportunity for professional tenants to locate close to the center of town, thus adding to its vitality; and additional property taxes, and other associated business license fees for local governments. Generally, professional offices are only open during daytime hours, so night activities should be minimal and overall noise levels should not be increased. 'Upon completion of the permitting process, allowing for favorable weather, and construction plan preparation, construction could be completed within a six month time frame. Any noise, dust, and or vibrations from this activity will only be temporary. Since this property is of residential character it is not likely that any work will uncover any hazardous materials or toxic substances. Any such work will be subject to local, state, and federal environmental and safety laws. 3 Gail & Richard Shoemaker 115 Brush St. Ukiah, CA 95482 468-5779, 468-8021 RE: 2nd Unit application at 725 Walnut Dear Councilmembers, We are concerned about this project because we are currently in the process of purchasing the residence at 710 Willow. I met with the Buck Ganter prior to the planning commission meeting to get information about the project. I also met with he and his wife after the planning commission meeting in an effort to work through the issues we thought this project created. No resolution of those were accomplished. To Gall & I, the Ganter's request to build a second unit on this property is not necessarily a problem. The intent of this application is proper it is just too big and intrusive on neighborhood. Especially to the property at 710 Willow. The issue is the size, height and the buildings location on the property that cause us great concern. The square footage of the proposed structure is as large as the 3 bedroom residence at 710 Willow. This project is more in tune with a R-2 zoning rather than R-1. I don't believe it was the intent of the 2nd Unit regulations to promote two full size houses on R-1 lots. At least 4 council members with families of 2 to 5 members live in homes that are smaller or approximately the same size as this proposed two story "2nd unit". A two bedroom single story residence that would have the same foot print of this structure is would have ample room and make a very nice home for one or two people allowed. The proposed structure is located closer to neighboring residences than it is to the Ganter's living space. Their garage also creates another buffer between them and their rental unit. They will get the benefit of the unit and its placement while the neighbors will get the impacts. This should make neighbors concerns about these impacts the highest priority when granting this application. The full impact of the structure cannot be appreciated until viewed from 710 Willow. Even at the current placement of the structure the 23 foot height is very imposing and unnecessary. A 23 foot PVC pipe was placed showing the proposed height was available for viewing. I hope all Councilmembers viewed the project and that pipe from 710 Willow. Added to the shear bulk of the structure's south wall it will contain windows that look down into the windows of the living side of 710 Willow. This makes 710 Willow a fishbowl from the 2nd story. No other home in this area does that to its neighbors, even the two story structure to the east doesn't loom over its neighbors. My wife and I are absolutely opposed to the proposed project as a two story. We have little problem with it being a one story unit placed nearest the neighbors and the owners who have no problem with the project. The size of the parcel at 725 Walnut is big enough to accommodate the applicants needs as well as the neighbors. I've attached two proposals that I think are solutions for the Ganters being able to retain the square footage of the unit they want and gives them a nice usable backyard. It has their garage and carport as separators on their property and mitigates as well as possible the impacts this new full size residence will have on the concerned neighbors. It is a win/win for them and the adjoining neighbors. If the council does not find either of these proposals acceptable, I request you reopen the public hearing and take more input about the size, design, height and placement of the project. Sinc_er,ely, ,-, Richard Shoemaker AGENDA SUMMARY ITEM NO. 8e DATE: April 17, 1996 REPORT SUBJECT: INTRODUCTION OFAMENDED ORDINANCE FOR THE AIRPORT INDUSTRIAL PARK PLANNED DEVELOPMENT SUMMARY: The Planned Development (PD) ordinance for the Airport Industrial Park (ALP) is the adopted zoning that regulates growth and development within this 138 acre area. It is a zoning tool that is intended to coordinate and ensure compatible commercial, industrial and office development. Staff is proposing to amend the AlP Planned Development ordinance by added text describing the Circulation Plan for the AlP; deleting the southern access from the circulation plan: adding a Circulation Plan Map; adding language that would permit retail commercial land uses in the Highway Commercial designation with the securing of a Site Development Permit; and a few other minor changes. Adoption of the proposed amendments would increase the usefulness of the Ordinance, provide more certainty to developers, and enhance future development projects within the AlP. (continued on page two) NOTE: This project is quasi-legislative in nature and does not require City Council members to visit the site prior to action on the project. RECOMMENDED ACTION: Read by title only and introduce the amended Ordinance for the Airport Industrial Park Planned Development. ALTERNATIVE COUNCIL POLICY OPTIONS: Do not introduce the Ordinance and provide direction to staff. Appropriation Requested: N/A Citizen Advised: None Requested by: Planning Department Prepared by: Charley Stump, Senior Planner~/ Coordinated with: Candace Horsley, City Manager; and Bob Sawyer, Planning Director Attachments: 1. Amended Airport Industrial Park Planned Development Ordinance. 2. Planning Commission Staff Report, dated March 27, 1996 3. Planning Commission Minutes, March 27, 1996 Candace Horsley, Oily Manager ANALYSIS OF PROPOSED AMENDMENTS Amendment No. 1: On page 2 of the ordinance, staff is proposing to add a sentence referencing the new text discussion concerning the AlP circulation plan, as well as the new Circulation Map. This is considered a minor amendment constituting the reference of information, rather than a development standard, specific requirement, or design guideline. The Planning Commission generally agreed, and is recommending this amendment. Amendment No. 2: On page 6 & 7 of the ordinance, staff proposed that the Planning Commission add Retail Commercial as a permitted use in the Highway Orientated Commercial designation with the securing of a Use Permit. This would provide more options for the small parcel north of the WalMart store, and would not be incompatible with other surrounding land uses. Retail commercial land uses were previously possible on this property as a result of the actions on the WalMart project. However, the 1995 AlP PD ordinance amendment limited this parcel strictly to Highway Oriented Commercial land uses. This amendment would restore retail commercial as an allowed use, thereby increasing the likelihood that the property would get developed, and not remain vacant and unmarketable. The Planninq Commission generally agreed, but opted to recommend the requirement for a Site Development Permit rather than a Use Permit. Amendment No. 3: On page 10 of the ordinance, staff proposed the following change to the Planning Commission: "Class III Bicycle lanes shall be provided on all streets acccrd!ng to thc ,"~q~!,"~,,'T~,~,"ttS ,.,,t ,i.,,-. I lUi~h ~;,,, ~,-,,-l,-,[O:::I~::S~a[I~IO'F~::O~:~::~I~::~I~":::':'::i::'"':'i':':'::!:! .............. : ....... ' .................................... .:' ................. ,.':.:::-::":.': ..................................... it~eer..... " This change is vi ~,1 i~..~ vl~,l~,.~l i Vl~ vv,~l~..~. :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::: necessary because the City Code does not include requirements for Class III bicycle lanes. The Planning Commission generally agreed with this amendment, but chanqed the wordinq to read, "Class III bike lanes shall be provided on all streets accordinq to CalTrans standards". Amendment No. 4: On page 15 of the ordinance, staff preposed to add language describing the Circulation Plan for the AlP. The previous ordinance did not include any language describing the Circulation Plan, and we have concluded that it needs to be described for the benefit of decision makers, staff, land owners, and future developers. Within the text, the southern access road, shown on the original Specific Plan, and required as mitigation in the EIR when the AlP reaches fifty percent buildout, has been modified. With the agreement of the City Public Safety Department, the southern access read is now proposed to become an emergency access only. It would not involve the construction of a new road, but rather an encroachment onto Airport Road from the Ukiah Municipal Airport property. Emergency vehicles would access the airport grounds and reach the AlP through a locked gate encroachment onto the southern portion of existing Airport Road. This change is being proposed primarily to avoid the noise and safety impacts resulting from connecting to a residential street, such as Norgard Lane to the south. This change would not be inconsistent with the conclusions contained in the certified EIR, because the EIR found that while a southern access road made sense from a traffic circulation standpoint, it was not necessary to mitigate traffic impacts related to capacity and volume. Moreover, public safety concerns would still be satisfied with the new approach. (continued on page 3) However, the EIR did conclude that if the southern access was not constructed, certain improvements to existing intersections to the north may have to be accomplished sooner than anticipated. The City, as well as private developers are responsible for the cost of these off-site improvements. The Planninq Commission generally agreed with the deletion of the southern access and Circulation Plan language, and is recommendinq this amendment. Amendment No. 5: Staff proposed that the Planning Commission recommend the addition of a Circulation Map to illustrate the Circulation Plan discussion contained in the text. This addition to the ordinance is necessary to provide a full understanding of the overall Circulation Plan for the AlP. The Planninq Commission generally agreed, and is recommendinq this amendment. In addition, the Planning Commission recommends that the City Council consider the upgrading of Airport Road in conjunction with the development of the ^IP Circulation Plan. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING THE AIRPORT INDUSTRIAL PARK PLANNED DEVELOPMENT The City Council of the City of Ukiah hereby ordains as follows: Section One The purpose of this amendment to the Airport Industrial Park (ALP) Planned Development Ordinance is to provide for a coordinated development of compatible industrial, office, and commercial land uses. It details both allowed and permitted uses within each land use category, regulates nuisances, and provides development standards and design guidelines. It changes the land use designation terminology using clearer more concise terms to more accurately characterize existing development, and provide well-defined land use categories for future development in the Airport Industrial Park. The changes to land use designations are as follows: 1) Office Commercial to Professional Offices; 2) Industrial/Commercial to Retail Commercial; 3) Highway Oriented Commercial/General Commercial to Highway Oriented Commercial. No change to the Industrial designation term has been made. Section Two This ordinance also formally amends the Land Use Map that illustrates which land uses designations are assigned to the various properties throughout the Airport Industrial Park. The land use designations apply to the Airport Industrial Park in the following manner: 1. Professional Office: Applies to the northeast portion of the site, bounded by Talmage Road on the north, Airport Park Boulevard on the east, and Commerce Drive on the south (approximately 8 acres). 2. Highway Commercial: Applies only to the northeastern portion of the site, bounded by Talmage Road to the north, Airport Park Boulevard to the west, 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Highway 101 to the east, and the existing large commercial retail store property to the south (approximately 1.4 acres). 3. Retail Commercial: Applies to 14.83 acres north of Commerce Drive, and approximately 22 acres south of Commerce Drive, bounded by Airport Park Boulevard on the west, and Highway 101 on the east approximately (approximately 36.83 acres). 4. Industrial: Applies to the remainder of the Airport Industrial Park (approximately 77.4 acres). Section Three The Airport Industrial Park Planned Development was originally approved by City Council Resolution No. 81-59 on March 3, 1981, embodied in Use Permit No. 81-39. It was amended and further articulated in 1991 when the City Council adopted Resolution No. 91-4. In 1993, the City Council amended the ordinance to allow "General Commercial" in addition to the approved "Highway Oriented Commercial" land uses in the area bounded by Talmage Road on the north, Highway 101 on the east, Commerce Drive on the south, and Airport Park Boulevard on the west. Section Four Airport Industrial Park Planned Development, as amended herein, provides a mixture of industrial, commercial, and office land uses within a Planned Development (PD), consistent with the City of Ukiah General Plan. Section Five The Development Map (Generalized Land Use Map) for this Planned Development, as required by the Ukiah Municipal Code, and attached as Exhibit "A", is approved. The Traffic Circulation Plan for this Planned Development is discussed in Section "D" on page 15, and the Circulation Map is attached as Exhibit "B". 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Section Six Development standards not addressed in the Planned Development regulations shall be those specified in the City of Ukiah Zoning Code. Section Seven Amendment to this ordinance requires City Council action. All Use and Site Development Permits for proposed developments within the Airport Industrial Park require City Planning Commission review and action. Decisions on Site Development and Use Permits made by the City Planning Commission are appealable to the City Council by any interested party. Section Eight Some small commercial land uses may be permitted on the Industrial designated land if they are primarily intended to provide commercial type services to employees within the Airport Industrial Park. Section Nine The regulations for this Planned Development, as prescribed in Ukiah City Code Sections 9167(b) and 9166, and as amended, are as follows: A. INDUSTRIAL DESIGNATION 1. Allowed Uses The following industrial uses are allowed in the Industrial designation with the securing of a Site Development Permit. a. Manufacturing - activities or operations involving the processing, assembling, blending, packaging, compounding, or fabrication of previously prepared materials or substances into new products. b. Warehouse and Distribution Activities - includes warehousing, and storage not available to the general public; warehousing and distribution activities associated with manufacturing, wholesaling, 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Co do e, g, or business uses; delivery and transfer services; freight forwarding; moving and storage; distribution terminals for the assembly and breakdown of freight; or other similar use involving shipping, warehousing, and distribution activities. Wholesaling and Related Uses - establishments engaged in wholesale trade or warehousing activities including maintaining inventories of goods; assembling, sorting, and grading goods into large lots; breaking bulk and redistribution in smaller lots; selling merchandise to retailers, industrial, commercial, institutional, or business users, or other wholesalers; Contractor's offices - business office for building, plumbing, electrical, roofing, heating, air conditioning, and painting contractors including storage of incidental equipment and supplies. Agricultural: Allowed as a continuation of the existing land use, including all necessary structures and appurtenances. Research and development laboratories, and computer and data processing. Accessory Uses and Structures: Activities such as administrative offices and warehouses which are related and ancillary to an allowed use. Ancillary structures containing ancillary uses shall be located on the same parcel as the primary use/structure, and shall not exceed 25% of the gross floor area of structure(s) containing the primary use. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 g Permitted Uses The following small commercial, business support, and repair service land uses may be permitted in the Industrial land use designation with the securing of a Use Permit, provided they are situated on a parcel no larger than one-half acre in size: a. Delicatessen, sandwich shop, or small sit-down restaurant (no drive-thru restaurants shall be permitted). b. Small grocery or convenience store. c. Banking facility. d. Child day-care facility. e. Industrial and business support services - establishments primarily engaged in providing services to business and industry, such as blueprinting and photocopying, janitorial and building maintenance, equipment rental and leasing, medical labs, commercial testing laboratories, and answering services. f. Public Facilities - includes all public and quasi-public facilities such as utility substations, post offices, fire station, and government offices. g. Repair Services - includes repair services such as radio and television, furniture, automotive repair, body and fender shops. h. Communication Installations -includes radio and television stations, telegraph and telephone offices, cable T.V., and micro- wave stations. i. Mini-storage facility. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 a. Ce PROFESSIONAL OFFICE DESIGNATION 1. Allowed Uses The following uses are allowed in the Professional Office designation with the securing of a Site Development Permit: a. Professional and business offices such as accountants, engineers, architects, landscape architects, surveyors, attorneys, advertising, consultants, bookkeeping, medical and dental offices, and other similar activities. b. Business and office support services -includes services such as branch banks, savings and loan, credit unions, insurance brokers, real estate sales, blueprinting and photocopying and answering services. c. Child day-care facility. 2. Permitted Uses The following uses are permitted in the Professional Office Designation with the securing of a Use Permit: a. Delicatessen, sandwich shop, or small sit-down restaurant (no drive-thru restaurants). b. Small grocery or convenience store. HIGHWAY COMMERCIAL DESIGNATION '1. Allowed Uses The following uses are allowed in the Highway Commercial designation with the securing of a Site Development Permit: a. Businesses such as motels, sit-down restaurants (no drive-thru restaurants), service stations, and other similar uses that provide services and merchandise primarily to highway travelers. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Di El b. Retail commercial stores. RETAIL COMMERCIAL DESIGNATION 1. Allowed Uses The following uses are allowed in the Retail Commercial designation with the securing of a Site Development Permit: a. Retail commercial stores. b. Child day-care facility. 2. Permitted Uses The following uses are permitted in the Retail Commercial designation with the securing of a Use Permit: a. Delicatessen, sandwich shop, or small sit-down restaurant (no drive-thru restaurants). b. Small grocery or convenience store. c. Banking facility. NUISANCES No lot shall be used in such a manner as to create a nuisance to adjacent parcels. Proposed uses shall comply with the performance criteria outlined below. a. All activities involving the storage of inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion by adequate fire-fighting and fire suppression equipment and devices standard in industry. All incineration is prohibited. b. Devices which radiate radio-frequency energy shall be so operated as not to cause interference with any activity carried on beyond the boundary line of the property upon which the device is located. 1 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 c. The maximum sound level radiated by any use of facility, when measured at the boundary line of the property upon which the sound is generated, shall not be obnoxious by reason of its intensity or pitch, as determined by Standards prescribed in the Ukiah City Code and/or City General Plan. d. No vibration shall be permitted so as to cause a noticeable tremor beyond the property line. e. Any use producing emissions shall comply with all the requirement of the Mendocino County Air Quality Management District. f. Projects involving the use of toxic materials or hazardous substances shall comply with all Federal, State, and Ukiah Municipal Code regulations. 2. Prohibited Uses or Operations Industrial uses such as petroleum bulk stations, cement batching plants, pulp and paper mills, lumber mills, refineries, smelting plants, rendering plants, junk yards, auto wrecking, and similar "heavy industrial" uses which typically create external and environmental effects are specifically prohibited due to the detrimental effect the use may have upon the general appearance, function, and environmental quality of nearby uses. DEVELOPMENT STANDARDS The following standards have been established to ensure compatibility among uses and consistency in the appearance and character of development. These standards are intended to guide the planning, design, and development of both individual lots and the entire Airport Industrial Park. Projects shall be reviewed on a case-by-case basis for high quality design, efficient function, and overall compatibility with surrounding land uses. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 1 1 a Minimum Lot Requirement The minimum lot area shall be 20,000 square feet. Each lot shall have a minimum frontage of 100 feet on a public street. Except for lots fronting on Airport Park Boulevard, or other public streets shown on the Land Use Map, access easements to a public street may be authorized in lieu of public street frontage in the discretion of the appropriate decision-maker and with the approval of the City Engineer. Proposed access easements shall be consistent with the standards contained in Table 4-1. The Planning Commission may approve a public street frontage of less than 100 feet for lots located on cul-de-sacs, street curves, or having other extraordinary characteristics. Maximum Lot Coverage No more than 45 percent of the lot shall be covered by a building or structure. Parking lots and landscaping areas shall not be included in the calculation of lot coverage. Minimum Building Setbacks All buildings and structures shall be setback from the property line a minimum of 25 feet along the entire street frontage. Lots abutting U.S. Highway 101 shall maintain a 40 foot setback from the property line adjacent to the freeway. Side yard setbacks shall be determined in the Site Development Permit review process. Maximum Buildin.q Height The maximum height of any building or structure shall be 50 feet. Mechanical penthouse and equipment may extend an additional 10 feet beyond the maximum building height. Additionally, all development within the Airport Industrial Park shall comply with the Federal Aviation Administration side slope criteria. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 1 w 1 . . Screening Storage areas, loading docks and ramps, transformers, storage tanks, refuse collection areas, mechanical equipment, and other appurtenant items of poor visual quality shall be screened by the use of masonry walls, landscaping materials, or decorative fencing. All roof mounted electrical and mechanical equipment and/or ductwork shall be screened from view by an enclosure which is consistent with the building design. Fences exceeding six (6) feet in height may be appropriate for some commercial and industrial uses to screen the outdoor storage of building materials, supplies, construction equipment, etc. The Planning Commission may consider fences exceeding six (6) on a case-by-case basis during the review of Site Development and Use Permit applications. Public Utility Easement All lots shall provide a 5-foot easement in the required front setback for the provision of utilities. Sidewalk Requirements Lots with frontages along the primary street shall provide a 5-foot curvalinear sidewalk located within the required front setback. The sidewalk may be located over the public utility easement. Every effort shall be made to link developments with attractive and accessible pedestrian facilities. Bicycle Lanes Class III Bicycle lanes shall be provided on all streets according to CalTrans standards. Development Integration Every effort shall be made to "master plan" development within the Airport Industrial Park. Applicants shall be encouraged to coordinate development proposals to ensure compatible architectural themes, high quality site planning, 10 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 , 3. 4. 5. 10. Il. efficient and functional traffic circulation, coordinated pedestrian circulation, and compatible land uses. Required Public Streets Lot line adjustments, parcel maps, tentative and final subdivision maps, and site development and use permits shall not be approved, unless public streets identified on the Land Use Map serving the parcels covered by the lot line adjustment, map or permit have been or will be dedicated to the City of Ukiah upon approval of the lot line adjustment, map or permit. Street Width Standards The following street standards have been established by the Ukiah Department of Public Works. All primary and secondary streets shall be designed and constructed in accordance with these standards: Table 4-1: Minimum Street Standards Airport Park Boulevard and Commerce Drive Primary Secondary Access Easement Right-of-way 66 feet 44 feet Pavement 64 feet 40 feet a. travel lanes (2) 14 feet 20 feet b. left turn lane 12 feet 12 feet Curbs (both sides) 1 foot 1 foot Cul-de-sac (turn-arounds) 100 feet diameter Curb Returns Radius 35 feet 35 feet 32 feet 30 feet 15 feet Access Driveways and Deceleration Lanes a. Every effort shall be made to minimize access driveways along Airport Park Boulevard. All driveway and intersection radii shall be designed to accommodate heavy truck turning movements, consistent with the 11 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 13. requirements of the City Engineer. b. Every effort shall be made to design common driveways for individual developments. c. No Talmage Road access shall be permitted for Parcel A1A. d. All major driveways, as determined by the City Engineer, shall have left turn pockets in the median area where feasible. e. Deceleration and acceleration lanes shall not be required unless the City Engineer determines they are necessary to ensure safety and efficient traffic flow. Minimum Parking and Loading Requirements a. No loading or unloading shall be permitted on the street in front of the building. A sufficient number of off-street loading spaces shall be provided to meet the needs of the provided use. Adequate apron and dock space also shall be provided for truck maneuvering on individual lots. b. The number of entrance/exit driveways shall be limited to one per every 100 feet of street frontage with a maximum curb cut of 40 feet. The Planning Commission may relax these standards when a comprehensive plan for an entire block has been prepared and presented to the City Planning Commission for review and approval. c. Adequate off-street parking shall be provided to accommodate the parking needs of employees, visitors, and company vehicles. The minimum number of off-street parking spaces shall generally be provided according to the requirements of the Ukiah Municipal Code. d. The Planning Commission may deviate from the parking requirements contained in the Ukiah Municipal Code on a case-by-case basis. Any deviation must be supported by findings related to a unique use, such as 12 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 CI a mixed use development, or use not specifically described in the Ukiah Municipal Code, and findings that otherwise demonstrate no on-street parking congestion will result. 14. Siqnaqe Except as indicated below, building identification and other signs shall generally comply with the sign regulations for industrial, commercial and office land uses contained in the Ukiah Municipal Code. a. All proposed development projects shall include a detailed sign program. DESIGN GUIDELINES The following guidelines shall be used by the Planning Commission when approving a Site Development or Use Permit to ensure high quality design, and the coordination and consistency of development. 1. Landscaping and Open Space a. ^ comprehensive landscape plan shall be submitted for review and approval as a part of the Site Development or Use Permit process. b. Existing trees shall be retained whenever possible. c. A variety of tree species shall be used that provides diversity in form, texture, and color. d. Landscaping at corners should be arranged to maintain traffic visibility. e. Landscaping along an entire street frontage should be coordinated to achieve a uniform appearance. f. Landscaping shall be used to screen parking lots, loading docks, and storage areas. g. Landscaping in parking lots shall include a variety of tree species that will provide sufficient shading in the summer. The majority of parking lot trees shall be deciduous and fast growing. 13 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 1 m h. The exact number of parking lot trees shall depend upon the size of the parking facility, the type of land use, and the species of tree used. The Planning Director shall determine the appropriate number of trees for parking lots on a project-by-project basis. i. At a minimum, fifteen percent (15%) of the entire parcel shall be landscaped with planting materials. The Planning Commission may reduce this requirement if special circumstances applicable to the size or configuration of the property exists, or if unique circumstances associated with the use would preclude a fifteen percent (15%)landscaping coverage. j. Landscaping plans shall focus on drought tolerant plant species with varied flowering patterns. k. Large turf/lawn areas shall be discouraged in the overall landscaping plan. I. All landscaping shall be properly maintained. Orientation and Location of Buildings a. The location of buildings shall be coordinated with other buildings and open space on adjacent lots, and should include design elements, oriented to pedestrian usage, such as, linked walkways and sidewalks. b. Buildings should be sited to preserve solar access opportunities, and should include passive and active solar design elements. c. Buildings should be oriented to minimize heating and cooling costs. d. Buildings should be creatively sited to provide open views of the site and surrounding environment. e. Buildings shall not be sited in the middle of large parking lots. Architectural Design a. Individual projects shall exhibit a thoughtful and creative approach to site planning and architecture. 14 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 D. b. Projects shall be designed to avoid the cumulative collection of large structures with similar building elevations and facades. c. Buildings shall be limited in height, bulk, and mass, and shall be designed to avoid a box-like appearance. 4. Building Exteriors a. Colors and building materials shall be carefully selected, and must be compatible with surrounding developments, and shall be finalized during the Site Development or Use Permit process. b. The Planning Commission may permit exterior walls of architectural metal where it is compatible with adjacent structures, and the overall appearance and character of the Airport Industrial Park. 5. Liqhtina a. A lighting plan shall be submitted for review and approval with all Site Development and Use Permit applications. b. Lighting for developments shall include shielded, non-glare types of lights. c. Lighting shall not be directed towards Highway 101, the Ukiah Municipal Airport, or adjacent properties. 6. Design Amenities a. Bicycle parking facilities shall be provided near the entrance to buildings. One (1) bicycle space shall be provided for every ten (10) employees, plus one (1) space for every fifty (50) automobile parking spaces. b. Fountains, kiosks, unique landscape islands, outdoor sitting areas, and other quality design amenities are encouraged. CIRCULATION PLAN The Circulation Plan for the Airport Industrial Park is illustrated on the attached Exhibit "B". As shown, the plan includes points of access at Talmage Road at the north, 15 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 E,,, Hastings Avenue at the northwest, and an emergency access provided through the airport to a gated encroachment along the southern portion of Airport Road. Internal access includes an extension of Airport Road from the west into the southern portion of the site; Airport Park Boulevard from Talmage Road on the north, extending south to intersect with the Airport Road extension; and Commerce Drive from west to east in the northern portion of the AlP. All streets within the AlP shall be public. DISCRETIONARY REVIEW The discretionary permit review process for development projects within the Airport Industrial Park (ALP) is the same as for discretionary permits elsewhere in the City. As articulated in Section 9 of this ordinance, a Site Development permit or Use Permit is required for development projects proposed in the AlP. 1. Site Development Permits and Use Permits a. As articulated in Section Nine above, development projects within the Airport Industrial Park are subject to the Site Development or Use Permit process, depending upon the proposed use and its location. A Site Development Permit shall not be required for any development proposal requiring a Use Permit. Within the Use Permit review process, all site development issues and concerns shall be appropriately analyzed. b. All Use and Site Development Permits for proposed developments within the Airport Industrial Park require City Planning Commission review and action. c. Decisions on Site Development and Use Permits made by the City Planning Commission are appealable to the City Council by any interested party. d. Major modifications to approved Site Development Permits and Use Permits, as determined by the Planning Director, shall require the filing of 16 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 a new application, payment of fees, and a duly noticed public hearing before the Planning Commission. Minor modifications to approved Site Development Permits and Use Permits, as determined by the Planning Director, shall require the filing of a new application, payment of processing fees and a duly noticed public hearing before the City Zoning Administrator. e. The Zoning Administrator's decision on minor modifications to an approved Site Development Permit or Use Permit is appealable directly to the City Council. The Planning Commission's decision on major modifications to an approved Site Development Permit or Use Permit is appealable to the City Council. 2, Building Modifications a. Exterior modifications to existing buildings shall be designed to complement and harmonize with the design of the existing structure and surrounding developments. b. A Site Development Permit shall be approved by the Planning Commission for all exterior modifications to existing structures, site design, and landscaping within the Airport Industrial Park. The application procedure shall be that prescribed in the Ukiah City Code. Section Ten 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 AYES: NOES: ABSENT: ABSTAIN: , by the following roll call vote: 17 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Passed and adopted on AYES: NOES: ABSENT: ABSTAIN: ATTEST: Cathy McKay, City Clerk 18 , by the following roll call vote: Fred Schneiter, Mayor · Iii·I · IIIlill IIIllli iii · IIlIiiI · · · IIllIIi llIIIi II I 1 I~IiIii · · IIIIii II,Iii · II IIIIIi I I I I I II~ · I I~ I I I I I I Ill i i I I i I I i I I I I I I I I I I I~ I I I I I I,l I I I I I · i I I I I · AIRPORT INDUSTRIAL PARK Land Use Map l HIGHWAY COMMERCIAL ~ PROFESSIONAL OFFICE '~1 RETAIL COMMERCIAL IlIlIlli IlIIIllliii IllIIIlIiliii IlIlIIIliiiii IIIIlIlIl·lli IIlIIII~lIii IlIili · II IIIlIIIlilii IlIIIIIliiii IlIIIIIlIii .... :.: .... : ali· · leal IIIIIlIIIII --:.-.:...: mi iii ii IIiii~ilii iii Ill IllIIIII· , II II I1 IllliIII I~IIIIll · · · IIIIlIII IIIIIll IIIIIII IIlIIII IIlIII EXHIBIT "A" INDUSTRIAL PARK A third access point to the AlP provided across the airport to a gated encroachment along the southern portion of Airport Road ~. .o, Conceptual Alignment EXHIBIT "B" CITY OF UKIAH PLANNING REPORT AGENDA ITEM: 6d. II II DATE: March 27~ 1996 DATE: TO: FROM: SUBJECT: APPLICANT:' March 27, 1996 City of Ukiah Planning Commission City of Ukiah Planning Department Airport Industrial Park Planned Development Ordinance Amendment City of Ukiah PROJECT SUMMARY: The Planned Development (PD) Ordinance for the Airport Industrial Park (ALP) is the adopted zoning that regulates growth and development within this 138 acre area. It is a zoning tool that is intended to coordinate and ensure compatible commercial, industrial and office development. City staff has initiated an amendment to the AlP PD Ordinance that describes in text and graphic form, the long-term circulation plan for the park. Approval of this amendment would clarify and definitively establish the access points and internal roadway system within the AlP. This was not included in the recently amended version of the Ordinance, but has become necessary, given the currently anticipated pace of proposed development activities within the park. A number of smaller changes to the Ordinance are also proposed. These are described in the Project Description section on page 2 of this planning report. Adoption of the proposed amendments would increase the usefulness of the Ordinance, provide more certainty to developers, and enhance future development projects within the AlP. This project is quasi-legislative in nature and does not require City Planning Commission to visit the site prior to formulating a recommendation to the City Council. PROJECT LOCATION: The Airport Industrial Park (ALP) is located in the southern part of the City of Ukiah. It is approximately 1,350 feet wide at its northern end tapering to a point where the railroad tracks and Highway 101 intersect about 6,500 feet south of Talmage Road. It is bounded by the California Northern Railroad to the west, Highway 101 to the east, and Talmage Road to the north. DEPARTMENT RECOMMENDATION: The Planning Department recommends that the Planning Commission recommend APPROVAL of the proposed amendments to the City Council. ENVIRONMENTAL DOCUMENTATION: The City of Ukiah as Lead Agency certified an Environmental Impact Report for the buildout of the Airport Industrial Park according to specific development assumptions and projections. Staff's proposed Ordinance amendments do not invalidate the certified EIR, because they do not increase buildout projections or change buildout assumptions, nor do they significantly affect the analysis or conclusions regarding traffic and circulation, or other topics discussed in the document. Additionally, staff's proposed amendments do not introduce new environmental impacts not anticipated or evaluated in the EIR. GENERAL PLAN DESIGNATION: Airport Industrial Park Master Plan Area ZONING DISTRICT: PD (Airport Industrial Park Planned Development) PROJECT DESCRIPTION: Staff is proposing to amend the existing Airport Industrial Park (ALP) Planned Development Ordinance by added text describing the Circulation Plan for the AlP; adding a Circulation Plan Map; adding language that would permit retail commercial land uses in the Highway Commercial designation with the securing of a Use Permit; and other very minor changes (described and analyzed below). STAFF ANALYSIS: To assist the Planning Commission with discussing and formulating a recommendation to the City Council concerning the proposed amendments to the AlP Planned Development Ordinance, staff has prepared the following background information, and analysis of the proposed amendments: Back_~round -- In early 1981, the City Council approved a Specific Plan for the Airport Industrial Park. In March of that same year, they approved a Use Permit for the AlP Planned Development, and shortly thereafter the property was annexed into the City. A number of amendments to the Use Permit Planned Development has occurred since that time. Procedurally, the Use Permit "Planned Development" was appropriately converted into Ordinance form in 1993. In August of 1995, the City Council certified an Environmental Impact Report for the buildout of the Airport Industrial Park. One important mitigation measure contained in that document was the requirement for a southern access road when the AlP reached 50 percent buildout. Subsequent to.certification of the EIR and the conditional approval of a number of developments in the AlP, a detailed look at the southern access road has occurred, and a new approach to solving and mitigating the public safety issue has been developed. This new approach is described in proposed amendment No. 5 below. Analysis of Proposed Amendmen~ Amendment No. 1: On page 2 of the Ordinance, staff is proposing to add a sentence referencing the new text discussion concerning the AlP circulation plan, as well as the new Circulation Map. This is considered a minor amendment constituting the reference of information, rather than a development standard, specific requirement, or design guideline. Amendment. No. 2: On page 7 of the.Ordinance, staff is proposing to add Retail Commercial as a permitted use in the Highway Orientated Commercial designation with the securing of a Use Permit. We believe that this will provide more options for the small parcel north of the WalMart store, and would not be incompatible with other surrounding land uses. This change would not be inconsistent with the certified EIR, because even though the EIR assumed a large restaurant for this property, it also assumed more overall retail commercial within the AlP than the current Ordinance allows or permits. The change would simply relocate a portion of the EIR assumed retail commercial opportunity from south of the Friedman Brothers site to the small parcel north of WalMart. In terms of circulation, staff is able to conclude, based upon discussions with the City Engineer, that this change would not introduce new impacts not evaluated in the certified EIR. Amendment No. 3: On page 10, staff is proposing the following change: "Class III Bicycle lanes shall be provided on all streets '-'-'-,-"~I,,,', J~'~'%J ~"~fl~"~Z~ ':':::'i:i.'~ :::::::::::::::::::::::: :;:.::;':~:::i:'".i:i:'"'"' ::: '"":'"-'.:~::: '~ '.".:.: -.'".':::+:':';';::':'::;':':':':': I, · --,,~ ..... t~:::~he::satl~f~tlon:::~f~:::t~:~lty::En meet.: This change is necessary because :::::':':i:::!:i: :q::::::::: :!:!:i:':i:!: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .::i::.:.'.' ,::::::','.'.'.'.'.'.'g...:,:,:.::;...:::.,...:...i · the City Code does not include requir&~'e"~i'i'~'"~b~:"Class iii bicycle lanes· Amendment No. 4: On page 16, staff is proposing to add language describing the Circulation Plan for the AlP. The previous Ordinance did not include any language describing the Circulation Plan, and we have concluded that it needs to be described for the benefit of decision makers, staff, land owners, and future developers. Within the text, the southern access road, shown on the original Specific Plan, and required as mitigation in the EIR when the AlP reaches fifty percent buildout, has been modified. With the agreement of the City Public Safety Department, the southern access road is now proposed to become an emergency access only. It would not involve the construction of a new road, but rather an encroachment onto Airport Road from the Ukiah Municipal Airport property. Emergency vehicles would access the airport grounds and reach the AlP through a locked gate encroachment onto the southern portion of existing Airport Road. This change is being proposed primarily to avoid the noise and safety impacts resulting from connecting to a residential street to the south. This change would not be inconsistent with the conclusions contained in the certified EIR, because the EIR found that while a southern access road made sense from a traffic circulation standpoint, it was not necessary to mitigate traffic impacts related to capacity and volume. However, the EIR did conclude that if the southern access was not constructed, certain improvements to existing intersections to the north may have to be accomplished sooner than anticipated. The City, as well as private developers are responsible for the cost of these off-site improvements. Amendment No. 5: Staff is proposing to add a Circulation Map, identified as Exhibit "B," to illustrate the circulation plan discussion contained in the text. This addition to the Ordinance is necessary to provide a full understanding of the overall Circulation Plan for the AlP. CONCLUSIONS: Staff is proposing to amend the Airport Industrial Park Planned Development Ordinance to include a detailed Circulation Plan and Map, and to broaden the development opportunities for the small parcel north of Walmart. Additionally, a few other changes are proposed to provide information or clarify requirements. Staff is able to conclude that these proposed amendments to the Ordinance are reasonable and appropriate, and will enhance the future development of the Airport Industrial Park. ATTACHMENTS: 1. Draft revised Ordinance ACKNOWLEDGMENTS: The following personnel prepared and reviewed this Planning Report, respectively: ~_./~~~m p, ~9~'~,o~7 ner Bob~~lanningSawye Director AYES: NOES: ABSTAIN: ABSENT: Commissioners Baker, Larson, Pruden, and Chairman Ashiku None None None RECESS: 10:04 p.m. RECONVENE: 10:11 p.m. PUBLIC HE~G De Airport Industrial Park (AIP) Planned Development Ordinance Amendments No. 96-10, to amend the ordinance by adding a description of the Circulation Plan for the AlP within the text: chanaimg~ the general route and concept for a southern access~ providing a Circulation Plan Map~ prohibiting illuminated signs facing_ Highway 101~ addln~ lan_mince to permit retail commercial land uses in the Highway Commercial designation with the securing of a Use Permit~ and other minor changes. Senior Harmer Charley Stmnp advised the Planned Development (PD) Ordinance for me Airport Industrial Park (AIP) is the adopted zoning that regulates growth and development within this 138 acre area. It is a zoning tool that is intended to coordinate and ensure compatible commercial, industrial and office development. Last fall, the Planning Commissioner recommended, and the City Council approved major amendments to the Ordinance. City staff has now initiated additional amendments to the AIP PD Ordinance to clarify requirements and provide information. This has become necessary because of the currently anticipated pace of proposed development activities within the park. Analysis of Proposed Amendments Mr. Stump further advised the following: Amendment No. 1: Staff is proposing to add a sentence referencing the new text discussion concerning the AIP circulation plan, as well as the new Circulation Map. This is considered a minor amendment constituting the reference of information, rather than a development standard, specific requirement, or design guideline. Amendment No. 2: Staff is proposing to add "Retail Commercial" as a permitted use in the Highway Orientated Commercial designation with the securing of a Use Permit. We believe that this will provide more options for the small parcel north of the WalMart store, and would not be incompatible with other surrounding land uses. Amendment No. 3: Staff is proposing the following change:. "Class HI Bicycle lanes shall be provided on all streets acccr~ing · ...........................,.......,........... ....... :...:.;..;.:.:.:. ~iiii~ilili~i~iiiii~i This change is necessary because the City Code does not include requirements for Class HI bicycle lanes. MINUTES OF ~ PLANNING COMMISSION Page 26 March 27, 1996 Amendment No. 4: The previous Ordinance did not include any language describing the Circulation Plan, and we have concluded that it needs to be described for the benefit of decision makers, staff, land owners, and future developers. After a number of recent developments in the AIP, a new approach to solving and mitigating the public safety issue has been developed. With the agreement of the City Public Safety Department, the southern access road is now proposed to become an emergency access only. It would not involve the construction of a new road, but rather an encroachment onto Airport Road from the Ukiah Municipal Airport property. Emergency vehicles would access the airport grounds and reach the AIP through a locked gate encroachment onto the southern portion of existing Airport Road. This change is being proposed primarily to avoid the noise and safety impacts resulting from connecting to a residential street to the south. Amendment No. 5: Staff is proposing to add a Circulation Map, identified as Exhibit "B," to illustrate the circulation plan discussion contained in the text. This addition to the Ordinance is necessary to provide a full understanding of the overall Circulation Plan for the AlP. Staff is able to conclude that these proposed amendments to the Ordinance are reasonable and appropriate, and will enhance the future development of the Airport Industrial Park. The Planning Department recommends APPROVAL of the proposed amendments to the City Council. Commissioner Baker inquired relative to the Class 3 bicycle lanes. Mr. Stump replied the City Council specifically required Class 3 bike lanes. There is a marked route in place; the Council decided to require bike signage, which is a Class 3 bike route, that would go down Airport Park Boulevard. The Planning Commission has the ability to recommend changing this, but the Council grappled with the issue and decided to make it a Class 3; they went through that issue in detail last fall. Comm[qsioner Baker stated she is not comfortable with the discretion of the City Engineer relative to this matter; she is of the opinion there should be a standard. Mr. Stump replied that the Council required a Class 3 bike lane be developed on Airport Park Boulevard as the park builds out. The City Engineer relies on the Caltrans Standard for a Class 3 bike lane because there is no standard in the City code. Comm[qsioner Baker stated she agrees there are problems with the southern access, and asked why they did not recommend improving Airport Road, leaving it ungated, and allow it to be a circulation plan. Mr. Stump replied that Airport Road is not a part of the circulation plan within the AIP, and that it does not provide the access point in the southern portion of the park that the fire department believes they need. There will be a gate between the airport and Airport Road for emergency vehicle use only; there will be no gate on Airport Road itself. Comm[qsioner Larson inquired regarding the rationale for adding the words "to the satisfaction of the City Engineer" to Amendment No. 3. MINUTES OF THE PLANNING COMMISSION Page 27 March 27, 1996 Mr. Stump replied the Caltrans standard outlines the requirements for a Class 3 bike lane, and the City Engineer would rely on that. Discussion followed relative to whether the City Engineer should have the discretionary powers in this instance. PUBLIC HEARING OPENED: 10:26 p.m. Gary Akerstrom, 425 Talmage Road, stated that the amendment should state Maccording to Caltrans requirements" and not "satisfaction of the City Engineer." If there is a delay in the decision, it puts the applicant in a tough position. Mr. Stump indicated staff was supportive of the recommended language,, particularly because the City Engineer uses the Caltrans standards. Mr. Akerstrom then asked what the financial impact would be for mitigations that were semi or proposed in the last EIR. He declared he had been waiting for 7 months for the City to give him the numbers for the mitigations; they have got him in a position where escrows are getting held up. They have had a whole year's delay on the project; he cannot respond without any numbers relative to the number of additional vehicles coming from the north, the fmancial impact of that, and so forth. The City has done an absolutely lousy job on this traffic thing; he cannot respond without the information. Chuck Williams, 3 Betty Street, CA Native Plant Society, stated he wants to encourage dropping the south access which was proposed to go across the airport property from the brewery south. That pan of the airport was not included as a part of the EIR that was done for the industrial area down there, and it tums out the area has some sensitive plants on it. Commissioner Pruden asked if he would be willing to share his inventory with City staff for a general plan database. It is difficult to make determinations without that information. Mr. Williams replied he would, and that he had some recent discoveries. He stated he understood some of the other proposed circulation routes would extend Airport Park Boulevard and go along some of the wetlands down there that are proposed to be preserved at the present time. There are some proposals to use the treated water from the brewery to enhance the wetlands; he is supportive of those proposals. PUBLIC HE~G CLOSED: 10:32 p.m. Commi.qsioner Pruden advised the Commission appeared to be in agreement with Amendment 1. Discussion followed relative to Amendment No. 2, wherein it was determined the suggestion would be for the word "permitted" to be replaced with "allowable," and the addition of the phrase "with the securing of a site development permit." Discussion followed relative to Amendment No. 3, wherein it was determined that "to the satisfaction of the City Engineer" will be deleted and replaced with "according to the standards of Caltrans." MINUTES OF THE PLANNING COMMISSION Page 28 March 27, 1996 Discussion followed relative to Amendment No. 4, and concern expressed with the traffic circulation in the park when it reaches buildout. Further discussion followed regarding whether Airport Road needs to be addressed as part of the circulation plan. It was determined the Commission strongly recommends the City Council consider improvements on Airport Road in conjunction with the adoption of the Circulation Plan. Commissioner Pruden stated the Commission was in agreement with Amendment No. 5; it illustrates the circulation plan. ON A MOTION by Commissioner Larson, seconded by Commissioner Pruden, it was carried by the following roll call vote, to recommend approval to the City Council of Airport Industrial Park (AIP) Planned Development Ordinance Amendments No. 96-10 with the following modifications: In Amendment No. 2, the word "permitted" be deleted and replaced by the word "allowable" and add "with the securing of a site development permit;" in Amendment No. 3, the words "to the satisfaction of the City Engineer" be deleted and replaced with the words "according to Caltrans standards," and that the City Council consider the upgrading of Airport Road in conjunction with the developmem of the circulation plan. Commi.qsioner Baker declared she would not support the motion solely because of the issue of the improvement of Airport Boulevard not being appropriately addressed in the ordinance. She will not give up the concept of a southern access route without a viable road there. AYES: Commissioners Larson, Pruden and Chairman Ashilm NOES: Commissioner Baker ABSTAIN: None ABSENT: None PLANNING DIRECTOR REPORTS 8A. City Council and Redevelopment Agency Actions 8B. Future Planning Commi.qsion Agenda Items 8C. Status Reports See written repons. PLANNING COMMISSION REPORTS 9A. March 20-22, 1996 Planner's Institute Conference - Commi.qsioners Baker and Larson Commi.~sioner Larson reported he personally attended a number of workshops which were helpful relative to regional planning, including an excellent session on safety and design. Subject matter for other workshops included environmental design, "big-boxing" in America, small and liveable cities issues, and geographic information systems. MINUTES OF THE PLANNING COMMISSION Page 29 March 27, 1996 AGENDA SUMMARY ITEM NO. 9a DATE: April 17, 1996 REPORT SUBJECT: PETITION TO RECONSIDER DEMOLITION PERMIT APPLICATION FOR STRUCTURE AT 400 EAST PERKINS STREET SUMMARY: The City Council is being asked to reconsider an earlier decision that declared the structure located at 400 East Perkins Street to be historically significant, and thereby reconsider the owner's original request to demolish this structure. New information has been presented to the City which staff believes warrants a second hearing, and possibly a rescission of the historically significant status previously placed on this structure. (continued on page 2) RECOMMENDED ACTION: Reconsider the Demolition Permit application for 400 East Perkins Street at the next available Council session. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Affirm the previous decision declaring the structure historically significant, thereby denying the citizen petition to reconsider the Demolition Permit. Citizen Advised: Judy Pruden, Demolition Permit Review Committee Chairperson Requested by: Sizone Inc. and Jeff Trouette, owner's agent Prepared by: Robert Sawyer, Planning Director Coordinated with: Candace Horsley, City Manager; and David Rapport, City Attorney Attachments: Letters from Sizone Inc., dated 4~9~96 and 1/8/96 Letter from Jeff Trouette (owner's agent) dated 3~25~96 Council "Minutes" from 9/7/94 and 9/21/94 City Council meetings Excerpt from "Historic Resources Inventory" APPROVED:~ ~~-~~z..~. Candace Horsley, City h/~nager As Councilmembers will recall, on September 21, 1994, the City Council decided on a 3-1 vote to deny a Demolition Permit application for the structure located at 400 East Perkins Street. This decision was based on a finding that the structure is historically significant due to it having been the winter residence of a prominent, turn-of-the-century local businessman (J. A. Redemeyer), and due to it having been built in 1906 upon a parcel established by the City's first subdivision in 1868. (The attached materials fully describe the property, as well as past actions pertaining to it by the City Council and Demolition Permit Review Committee.) In the intervening 1~ years since the cited Council action on this property, the subject house has continued to deteriorate, remains abandoned and boarded up, and has been the source of numerous complaints by adjacent and nearby land owners. Complaints have focused on trespass activities, fire hazards, and general disuse, disrepair, and visual blight. Indeed, the Code Enforcement Officer and the Police and Fire Departments have received and responded to numerous such complaints, and while City staff required the owner to properly secure the property and board up the structure, and the trespass problem appears to have been abated, its abandoned, blighted, and deteriorating state remains a problem for nearby businesses. The attached letters from Sizone Inc. (Sizzler Restaurant), the petitioner in this case, fully describe the cited complaints, and the overall harm caused to this business by the condition of 400 East Perkins Street. Moreover, the owner has been unsuccessful in finding a willing and able party to move the structure to another site, as originally suggested by Council, despite seemingly legitimate efforts in this regard. The attached letter from the owner's agent, Mr. Jeff Trouette, expresses their efforts, which included placing an advertisement in the local newspaper that yielded three responses from parties not having the financial wherewithal to move the structure. According to the owner's agent, there have been other unsuccessful attempts in the past to find an interested party with the capability of moving the structure off the site, and the owner is now eager to resolve this problem. As the Trouette letter also indicates, the owner intends to salvage lumber and other materials from the house, should the Council reverse its earlier decision and allow the owner to demolish the structure. In conclusion, staff believes that the citizen petition to reconsider and possibly approve the Demolition Permit for 400 East Perkins Street has merit, and that the Council should schedule this item for an upcoming and available Council session. Specifically, if the Council agrees to reconsider the site's historical significance, and the attendant Demolition Permit application, staff would recommend that it be heard at the Council's regularly scheduled meeting of May 1, 1996. In the meantime, all those parties originally and currently involved in the disposition of this application will be notified of the subject and the meeting date. Sizone Inc. 404 E, Perkins · Ukiah, Ca 95482 · (707) 468-0975 · fax April 9, 1996 Ms. Candace Horsley Acting City Manager City of Ukiah 300 Seminary Avenue Ukiah, Ca 95482 'J.a]Q 9NINIIV'id 9661, 6- CI3AI30311 Re: Unoccupied Property at 400 E. Perkins Dear Candace · On January 8, we forwarded a letter to your expressing our concerns about the abandoned houses on the west side of the Sizzler restaurant This matter has not been satisfactorily resolved, even though dangers this property poses were de£med and are supported by public record. One house was demolishecL Even though this occurred over a month ago the debris remains where it fell. It poses a wondrous sight for tourists and prospective businesses. The second house remains standing, defended by a supposed historical significance. We should now like to point out dangers this house poses to the community and to Sizzler employees and customers. The property in question is abandoned and is not maintained. The surrounding vegetation ~ows high and, in the summer, is very dry,. Sizzler management has on numerous occasions asked the oxxmer to attend to the high weeds. Sizzler employees have on two occasions summoned the fire department and assisted in extinguishing fires on this property. Obviously, if the fires had reached the house people in adjacent properties would have been at risk. Surely, this is strong evidence supporting demolition. Risk to life and property are the major concern, but the hazard also affects business. The law requires us to purchase workers compensation insurance. We are inspected by the insurance company to determine conditions that ma)' be hazardous to customers and employees. In his report, the inspecting agent (enclosure) recommended something be done about the house at 400 E. Perkins. Failure to act on his recommendation may result in higher insurance rates. tt~,.~lllk/IlCl~_tll Illc- ~[lt)'J'v'.,,,L II~k)'[13l,- 13 ~, VTI./ llllYg, L/'vgll llll~.lllll'v~.l Ill(l.~ .L¥11, l{lllll, l ~ demolition request was disapproved because the house has historical significance. -Should a Ms, Candace Hori.z%,, April 9, 1996 Page 2 fire erupt on the subject property, resulting in loss of life and adjacent property, its historical significance increase dramatically. The paper trail, on this matter, is substantial enough to prove the city was informed of the possible danger. We are certain this matter can be resolved outside the courtroom. If necessary, a Sizone representative present its argument to the city council. However, if legal action is our only recourse, then it will be strongly pursued. Sincerely, General I{anager cc. Robert L. Bafia Paul Mantellino Andy Glatt, Attorney at Law John Reich, Attorney at Law Chamber of Commerce Carl Tuliback 0 4 ,' 10 ,' 9 6 o$'23 '~41.5 .541 05T5 WAUSAU SF CAS, ~002 WAUSAU GARY MAIN UKIAH SIZZLEH 404 E PERKINS .~ VE UKIAH CA 9548;: LOSS CONTROL SERVICES REPORT Propels~ Rel2ort March 25, 1996 RECEIVED APR 1 0 1996 CITY OF UKIAlt PLANglNG DER CONCERNING CONTACTS SER VICE B Y DA 7'£ OF CALl. Ukiah Si~ler 404 East Perkins Avenue - Ukiah, California 95482 ($izone Inc. DBA Ukiah Sizzler) Bob Bafia, Partner Gary Main, General Manager Heidi Dewey, Assistant Manager Mike Aldrich, CSP, Senior Safety Specialist 3-18-96 Gary, this letter comtfirms my recent loss control and safety, consultation call to your location on March 18, 1996. The purpose of the call was to introduce myself as your servicing safety consultant from ~;ausau Insurance Companies; to review your loss control programs; to provide information to you as it pertains to our workers compensation, general liability, product liability, property, c'ime, and liquor liability insurance policies; to review the services available to you from Wausau; and to conduct a physical survey of 1:he restaurant end property. "['he following specific cbjectives of my call were accomplished: Evaluated you~ · Provided you Discussed "Th management · Discussed me( · Conducted a · Provided loss s Discussed wo~ safety and occupational health program, copy of Wausau Insurance Companies Loss Control Services catalog. e Vital Few" and how our Technical Guides can be used as a proactive >ol for accident prevention. liicai cost containment and managed care policies. hysical survey of your operations,. :ontrol recommendations to improve your safety program, ker compensation fraud indicators in the workplace. This report covers omi,' conditions and practice~ observed and considered at the time of this call. It is not intended to indicate a i, at any hazards are adequale/y control/ed or that such condiEons or practices meet the requirements of t~y applicable federal, state, or iocat /ay/, regulation or oafinance. EMPLOYERS INSURANCE OF WAUSAU A Mutual Company ;QO0 WESTWOOD DR $ PO BOX 8017 · WAUSAU Wi 54402.8017 NATIONWIDE INSURANCE ENTERPRISE {:;4 ,' 10 ,' 96 '~415 .541 0575 UKIAH SIZZLER Page 2 WAUSAU SF CAS. March 25, 1996 ~003 L~o__s_s_A n_~_a I_ys i s and' You indicated that fact that material h. be lifted up high. V we suggest to red reviewed the varlet through the cataio! safety program. ?ends s;lips and falls were your major concern for injury. We also discussed the mdling injuries were a potential, especially if heavier items were needed to reviewed our Technical Guide for restaurants and the major loss controls ~ce or eliminate hazards associated with those classifications. We also of safety material that you can order from Wausau InsuranCe Companies provided you. I encourage you to use the material to Supplement your W___o_r_k e rs_.____C_Co_ m p e n st ,'ti on We reviewed your ~.mplovee safety program and your training programs- I conducted a walk- through of the em ire restaurant including the kitchen area, Housekeeping was excellent throughout. Sev,~ral minor suggestions were reviewed with you during the survey. Recommendations ;are listed below. _G_e..u_e ra I ..Liabil(tz We reviewed potet trial liability exposures and controls to include adequate exits; slip and falls that could be causl ~d by torn or worn carpet, food, or liquid that is spilled on the floors; proper lighting; rest room 'naintenance; and properly maintained parking lots. We also discussed your sponsorship of sp¢ rting events and the necessity to get signed releases from liability. Produ tLL_iabili.~i icl _C~~.a_tions We reviewed food ~=torage area, housekeeping in the kitchen, storage of cleaning materials, hot water supply for ~lish washing, pest control procedures, and frequency of inspection and maintenance of refrigeration equipment. No recommendations resulted from this portion of my survey. Pr op_e_ rt_Ly. We evaluated the fire exposures in the kitchen, ensured the fire extinguishing system in the local ventilation alld ducts was operating and was recently inspected, the automatic shutoff mechanisms for tt,~ gas, condition of smoke and fire alarms, the automatic sprinkler system and portable fire e,~inguishers, and the thermostatic control of the temperature system in the deep fat fryers. N~:~ recommendations resulted from this portion of the call, However, it was noted that a poteatial fire hazard does exist with the old, run down, vacant house in the adjoining lot to yet Jr property, If that property caught on fire, it could easily spread to your ' restaurant. !.,iauor L.__i_a ~. You indicated tha only beer and wine were served and that procedures are in place to deny service to custormrs including those that are potentially inebriated and to minors. No ,ecommendations resulted from this pon:ion of the call. 04,'10/96 08' 25 '~415 541 0575 wAUSAU SF CAS. [~004 UKIAH SIZZLER Page 3 March 25. 1996 We looked at your ,, t:orage and control of high-value items, your burglar-resistant safe, security of the facility, alarms, cash register locations, and control of access to the safe. No recommendations r~sulted from this portion of the survey. Recomme~n_s The following recon ~mendations were reviewed with you prior to my departure and you agreed to consider implem**nting them: 9__6-3-1 - Establish training procedures so all employees receive regular and ongoing training. Proper procedures f[~r slip and fall prevention should be a high priority in the training plan. 96-3-2 - Consider p,'ocuring a small A-Frame type ladder that locks when engaged by weight to use when putti~g ice in the soda machine or when lifting the boxes of wine to the dispensing area. A catalog was sent to you, under separate cover, that gives examples of these kinds of iadd~'s. 96-3-3 - Ensure an ~'ea of 36 inches clear space is maintained in front of all electrical panels. 96-@-4 - Consider pt'¢chasing some mats for the employees to stand on, especially by the cash registers and salad ~,reparation areas. 96-3-5 - Ensure cerlfficates of release from liability are received by participants in company- sponsored sporting t~vents. 96-3-6 - Remove an :t! replace the broken board on tt~e wooden floor mat in the cooler. Status of _Previous R~!:commendations Since this was my i~itial call [o your location, there were no previous recommendatfons to review. My next scheduled c;ldl to your location is for February 1997. However, I am available anytime should you need interim service, if there are any questions on this report or you need service before my next call, ,olease contact me at my home office, (707) 446-8234, or at our San Francisco office, (41 !~) 541-0144. I appreciate the courtesies extended to me during this call. SFR/ma NSC/krs cc; Paul Mantellin¢~ Mark Zwickel - Jardine Insurance Brokers $1ZONE INC. ................... IIIll ...................... 40,4 1:, PI-'NKtNS · UKIAli, CA 9M8~, - (?07) 468-.0g75 - fn~ January 8, 1996 Ms. Candace Hersley City of Ukiah 300 Seminary Avenue Ukiah, Ca 95482 RECEIVED JAN - 9 1996 CITY OF UKIAH PLANNING DEPT. Re: Health/Safe~__ltazard of Unoccu_pied Houses Dear Ms. Hersley: The houses at 326 and 400 E. Perkins have fallen into a serious state of disrepair. The houses have been abandoned and are now used by transients. 'l'hese people exo'ele on the floors and urhm(e outside, in public view. These activities pose a health hazard to the t commmfity, if not a danger. In fact, on two occasions, police have been called to the scene as a result of a man exposing himself to Sizzler employees. Public health and safety is a city responsibility. The safety of Sizzler employees, while on the job, is my responsibility. Should the city continue to take no action with regard to these houses, I will turn over all information to our corporate attorneys, llopefully, this will not be necessary. Please contact me if I can help expedite this matter. Sincerely yours, CC. Paul Mantellino Andy Glatt, Attorney at I,aw John Reich, Attorney at Law Chief of Police, City of Ukiah Mendoch~o County Depa~m~ent of ltealth Carl Tulidack, Buildh~g Code Inspector &IIEATING, WATER HEATERS JEFF G. TROUETTE PLUMBING CONTRACTOR 807 Maple Avenue, Ukiah, CA 95482 (707) 462-8216 CAL. CONTRACTORS LIC. 503677 NEW HOMES · REMODELS · INSTALLATIONS · REPAIRS · JOBBING tKiA PAz Y' ',. i ;:.~/.'~.~.~ ~b4-41 i:;'.Camper shell w/doors, full ~ ~l~n,,,,~ size, $25; 10 spd bike, $10; ~~L~II~U microwave, $25; rowing ~~~ machine, $25; canoe, .......... , ~ $~00. 4~0362 ~se to ~ m°v~. Ni~tor~ -~ house in Ukiah to be ~ ~n~m o~ ~ a. mov~ off Iotint~ ~, {~, I ur~sem, ~o,a wa ~1~ 4~-n~ ........ ~4 D~r $49, 5 D~r $59 ~~ ~,,~ ...... _~ Custom Cabine~ ~ ,; ..... v,,E Genes Cabine~, 3587 ~E, Kville, 27~2938 2 luxury electric Lift/ F:iecliner chairs-barely used-brown. $500/BO. 462-7175 DAY BED White/Brass with mattress. Excel. cond. $250 or BO. 462-3721 Nice dining room set, 6 chrs, 2 leafs, $100. Oak wood office desk, good cond, $100. 468-9085 Old dining rm set w/china cab, Ig older d~sk, numer- ous dressers, over stuffed chair, Icj older upright freezer, nding lawn mower, etc. All in good cond; make offers. For appt, 468-5220 ,, 450 wA. o TO BUY Highest pdce paid for 501 Levis. This SaL Ukiah Flea Market. For'info, call 263-1948 Corn King Cookie Jar. Soli- taire Diamond Wedding set, formal wedding gown & veil, elec. dryer. 462-2893. Crossfire bottom feed pellet stove. Used 2 yrs. $1200/BO. 462-5951. Lv name & phone number. Custom hitches installed, 7 days/week at U-Haul. Na- tionwide warranty. 468-0147. 1140 N. State St, Ukiah DP FIT FOR MFE AIR- GOMETER, like new, made in USA, $150. 485-0464. Firewood, dry oak $180 cord., d~y fir $140 cord, 8 hp chipper, like new $800. 462-0612. 460 ^PPu^.cEs ALMOST EKE NEW deluxe. Lrg. Cap. Washer & elect, dryer. $150 each. Free Delivery 838-8722. GOOD USED GAS DRYER PALLETS. large capacity, 1 yr. old. Ask for Richard $200. 462-4338. 462-4736 . Gas refrig, $400; diesel generator, $1,000; cat mo- tor grader, $3,500; MGB 1977, $2,000. 463-1229 am's before 9, or pin's after 8. Gas refrig, $400; diesel generator, $1,000; cat mo- tor grader, $3,500; MGB 1977, $2,000. 463-1229 am's before 9, or pm's aft 8 USED TRACTORS 1. FORD 2120 4HWD..35 PTO HP ......... 811,400 2 FORD 1710 4WD W/LOADER..24 PTO HP ..... ................................... . ........................... 83,900 3. FIAT 605 CRAWLER 66 PTO HP .......... 88,500 4. INTERNATIONAL 544 W/LOADER 54 PTO HP ....................... 86,500 5. KUBOTA L3350 4WD 32 PTO HP ....... $7,800 6. KUBOTA L345DT 4WD 30 PTO HP .... $6,000 7. KUBOTA M7500 4WD 90 PTO HP ....... $9,000 8. LANDINI CRAWLER 7830 72 PTO HP .......................................... $22,000 9. KUBOTA M5500 4WD 50 PTO HP ...... $7,500 USED IMPLEMENTS 1.6'TANDEM WHEEL DISC ..................... 83,500 2. VINEYARD HOE PLOWS (2) ........................... ............................................ 81,450 & $1,600 3. 42" BUSH HOG ROTARY CHOPPER ...... $550 4. 5'RHINO ROTARY CHOPPER ................. 8200 Lampson Tractor and Equipment Company announces 120 days interest free on ail repairs by our se~ice department. Ask any se~ce manager for delails. Lampson Tractor and Equipment Company...down/own Geysewille (707) 587-3443, 1131 Vintage Ave. in St. Helena (/07) 967-3550 & 285 Talmage Rd., Ukiah (707) 463-1210 FRI., MARCH 1-SAT., MARCH 2, 1996-- 13 Sat Only, Tam-?. 474 N. Oak. Clothing, baby items, household. Cancel I rain 500 SUPPLIES BEAGLE PUP MALE, AKC, 1ST SHOTS & WORMING. $400. ADULT BEAGLES/BO. 961-0588. CATS. All colors. Some Siamese & Manx. Long & .shrt hair. Some neutered/ spayed/shots. 462-3929 Cocker Spaniel pups, urebred, no papers. eady Now! $100 each. 4 females. 468-5518 Jack Russ Terr X, F, 3mo. McNab X, 3mo. Red Bdl, F, Staff Terr, 3yr, F, gd fam dog. Shots/wrmd, $50ea. .459-3339/459-1646 . ~~-"~ e LI~so cross, 6.5 yrs. 20#. Free for spec. own. Home alot. House brkn, leash trained, lovable, protective. Aft., 6 p.m. 463-5519. WANTED ROOSTERS WILL PICKUP 459-0511 Well-mannered orange neutered cat, 2 yrs, needs good home. For appt, ~.all 275-0726 510 LIVESTOCK i iii CHICKS Pullets (females) starting at 99¢! No roosters here[: RANINBOW AG. 235 E. Perkins, Ukiah JACOBS 4 homed sheep & Pygmy Goats. Herd reduc- tion. Various colors & ages. 462-6778. MORGAN Stallion Serv. 15.3 bay sport type. Old Gov't. bloodlines. $500'+ Care. 485-1214. : Must Sell! 3 Arabian Mares, 1 Arabian Black StalliOn. Best offer or trade. 2 stall horse trlr, $500. 743-2131 Registered Red Angqs Bull 4 yrs old. Proven Sire. $1200/BO or trade.? 743-1971 ~ 530 FEED/PASTURE! SUPPUES Clover & Rye Hay $5 balb. Garden tractor $450. Red cpr shell $375 fits 60x75' bed, w/carp, kit. 743-2818. 1, ~' PRIMO t, ~ Oregon Oat Hay ~ Cash & Carry ~, Days: 485-5201 ~ Eves: 485-7397 ~ BIKES.BIKES USED RECONDITIONED UKIAH SCHWINN; 178 E. GOBBI, UKIAHi 462-2686 [36 VOTE..- Judy Pruden to fill the unexpired term of Cindee Mayfield to June 1996. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, and Vice-Mayor Shoemaker NOES: None. Absent: Mayor Schneiter. Abstain: None. 9b. Consideration of Demolition Permit for 400 E. Perkins Street The Planning Director reported this matter of business was tabled from the September 7, 1994 regular Council meeting for further information regarding on the legal and procedural differences between Building Permits which 9uthorize demolition and building permits which authorize the moving of structures, as each permit pertains to local ordinances and building code provisions. He explained the memorandum received from the City Attorney explaining the procedures and process for each permit. Councilmember Malone questioned whether the building permit for moving can be conditioned and whether CEQA will apply is this structure is deemed historically significant. The City Attorney explained the Building Official has the discretion regarding the building permit provisions and compliance according to the Uniform Building Code. He explained moving the building cannot be conditioned to preserve it, if moved outside the City. David Ryan, applicant, 495 East Perkins Street, stated he is willing to salvage the materials if this demolition permit is approved. He explained the building is secure and being used by two men who will be relocated. He explained the siding is not wood and not salvageable. Councilmember Wattenburger stated he feels a structure is not historically significant just because a founding family lived in it and indicated that architecture and setting should be the criteria for determination, and not an owner. Councilmember Mastin stated this is the last remaining structure in the original subdivision of Ukiah and it's architectural style is one of the last remaining, and when do we start to preserve them? Judy Pruden, 304 South Hortense, stated there are 30 to 40 homes left that were of the same architecture as 326 East Perkins and there are only 6 - 10 left that are like 400 East Perkins, the structure in question now. She stated the Redemeyers have made significant contributions to Ukiah and their estate is responsible for the new publication regarding the historical downtown. She indicated this structure meets all criteria for National Historical registration. She noted the Held and Hoffman homes ar listed on the National register for meeting the same criteria. David Ryan, applicant, stated there is nothing in place to prohibit this structure's demolition if it is moved to the County. M/S Mastin/Malone to deny the demolition permit by finding the structure located at 400 East Perkins Street historically significant due to the Redemeyer family history and this home is the last structure left in Ukiah's first subdivision in Ukiah. Vice-Mayor Shoemaker asked the applicant if this motion passes will you actively look for someone to acquire or to try and move it out of the City? David Ryan, applicant stated there is somebody interested wants to move it out of City who wants to disassemble and then reassemble it. He indicated this structure needs to be removed to allow a proposed birthing center medical clinic to be constructed on the 1.5 acres on the corner. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, and Vice-Mayor Shoemaker NOES: Councilmember Wattenburger. Absent: Mayor Schneiter. Abstain: None. Reg. Mtg. September 21, 1994 Page 3 137 Vice-Mayor stated this demolition permit and historical process is in disarray and needs to be revamped. He encouraged City staff to be accommodating to any person who wishes to move and rehabilitate this structure within the City limits. The City Manager reaffirmed his statement from the previous Council meeting in which staff will be proposing a major overhaul of the demolition permit process in the Cityl PUBLIC HEARING - 7:00 p.m. Sa. Receive Public Comment on Proposed Change' by Caltrans to Reduce Speed Zone on Talmage Road Adjacent to 101 Overcrossing From 4Q M.P.H. to 35 M.P.HL The City Engineer/Public Works Director reported as per a request from the City, Caltrans is seeking a speed zone reduction along Talmage Road to 35 M.P.H. or the posting of a recommended speed reduction at the Talmage Road and Hwy. 101 Overcrossing. He noted this public hearing is being conducted pursuant to Section 22354.5 of the California Vehicle Code and Caltrans will take into consideration the results of the Public Hearing in their final determination. PUBLIC HEARING OPENED - 7:25 p.m. Richard Howland, 49 Betty Street, stated as he is a resident in the area. He expressed concern regarding the speed of traffic coming over the overpass towards the City. He stated he feels there is a major design problem by Caltrans regarding the angles and landscaping bushes which obscure signage. He feels that a reduction in speed should make a difference, but suggested speed bumps on the highway exit ramp will help warn of upcoming stop sign, as this exit length is too short. He indicated he is sure there will be a very bad accident there, and commented he has had close calls. He stated he feels Caltrans should redesign this area correctly before a bad accident occurs. No others came forward. CLOSED PUBLIC HEARING - 7:28 p.m. Councilmember Malone suggested posting warning signs regarding the upcoming decrease in speed. Councilmember Wattenburger stated after the new Hwy. 1010 southbound off ramp was constructed, he noticed the problem with the bushes and feels these bushes should be removed, even though he favors landscaping. M/S Wattenburger/Mastin to approve the reduction of speed from 40 m.p.h, to 35 m.p.h, on Talmage Road (Route 222) from South State Street to 264 feet east of Hastings Frontage Road and authorized staff to negotiate a safety discussion with Caltrans to improve the offramp exit onto Talmage Road by either modifying or removing those bushes, to post the reduction of speed by signage or with speed rumble spots. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, and Vice-Mayor Shoemaker NOES: None. Absent: Mayor Schneiter. Abstain: None. NEW BUSINESS 10a. Report Regarding Receipt of~National Science Foundation Grant for Grace Hudson Museum The Assistant City Manager/Community Services Director reported the City of Ukiah has been awarded a $75,000 grant from the National Science Foundation for documentation of the Grace Hudson Museum's Pomoan collections. She noted the project will be directed by Pomo scholar Sherrie Smith-Ferri, of the department of Anthropology, University of Washington, in addition to several others who expect to complete this project in two years. She reported computer Reg. Mtg. September 21, 1994 Page 4 128 Henry Bates, County Library Director reported on how the grant funding will be used and thanked the City Council for their five years of support. Roy Smith, President of the Greater Ukiah Chamber of Commerce, expressed his appreciation for continued city funding assistance to the Chamber. M/S Wattenburger/Mastin to adopt Resolution No. 95-14 authorizing 1994-95 grant funding for Mendocino County Library and Greater Ukiah Chamber of Commerce in the respective amounts of $45,000 and $21,000. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. Absent: None. Abstain: None. lob. Approval of Golf Course Long Ranqe Master Plan The Assistant City Manager/Community Services Director reported on the history of the Ukiah Golf Course since it's establishment in the 1930's and the current and future needs of the Golf Course. The Golf Course Committee's objective was to develop a five to ten year maintenance and capital improvement master plan guideline for the Golf Course. She reviewed the Golf Course Long Range Master Plan as approved by the Golf Course Committee this July. She explained the average number of player per year in the 1930's was less than 20,000 per year with over 60,000 players per year currently. Mayor Schneiter stated this was a very productive process that resulted in a good plan, and expressed his appreciation to the committee and the Golf Course staff for their fine efforts. Councilmember Shoemaker commented he is pleased to see the golfers concerns have been heard and addressed in the development of this plan to please the majority opinion of the golfers. Councilmember Wattenburger expressed his appreciation for everyone's hard work in this process. M/S Wattenburger/Shoemaker to approve the Golf Course Long-Range Master Plan, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. Absent: Councilmember Malone. Abstain: None. loc. Authorize City Attorney to Abate Violation of U.C.C. 9082 "Operation of an Amusement Arcade Without a Use Permit" at 203 S. State Street Council queried staff regarding the staff contacts with Mr. Frank Howard, and questioned the legal process. M/S Wattenburger/Shoemaker authorized the City Attorney to file law suit against Frank Howard DBA DEF-CON to prevent the operation of an amusement arcade at 203 South State Street without a Use Permit in violation of UCC Section 9082 (G). The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. Absent: Malone. Abstain: None. RECESS - 10:06 p.m. RECONVENED - 10:14 p.m. 10d. Consideration of Demolition Permit Application for 326 East Perkins Street ' Councilmember Malone rejoined the meeting at this time. The Planning Director reported the Demolition Permit Review Committee decided on a 3-1 vote to approve the application to demolish a vacant, single story structure at 326 East Perkins, which is also referred to as 320 East Perkins Street. The applicant, David Ryan has indicated the demolition will make way for a 15,000 square foot medical office complex planned for next Reg. Mtg. September 7, 1994 P~ ~ 129 .' spring. He noted this structure is listed in a secondary category in the City's Historic Resources Inventory and is considered historically significant by Ukiah History specialist Judy Pruden. He explained the majority opinion of the Demolition Permit Review Committee was that this structure is too dilapidated and out of context with newer commercial land uses in the vicinity, in addition to no unique architecture or any historical significance to preserve this structure. Council queried staff regarding CEQA regulations, historical requirements, and historical record. Judy Pruden, 304 South Hortense, Chairman of Demolition Permit Review Committee, reviewed the past process of developing the historical survey which met State guidelines for rating. She requested Council to deny both of these demolition requests as they both have strong history and noted there is no effort by the City to conduct historical preservation. Discussion ensued regarding ratings of specific properties, the Redemeyer House nest to the sizzler restaurant, and spoke to the numbers of homes currently left in the City which are similar to these two types of structures. David Ryan, applicant, stated these two structures are currently vacant and in dis-repair and are a public nuisance. He explained he agrees to the salvage of materials. He requested an opportunity to address Council at a later time to address any further concerns. Mayor Schneiter indicated this is the time in which he needs to address Council regarding this matter of business, then Council will make it's decision. Council queried staff regarding alternative conditions, historical significance enforcement procedures, and possible alternatives. M/S Malone/Mastin to approve the demolition permit for 326 East Perkins Street, with the request to the property owner to allow for relocation of the structure or salvage of the materials. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, and Shoemaker. NOES: Mayor Schneiter. Absent: None. Abstain: None. 10e. Consideration of Demolition Permit Application for 400 East Perkins Street M/S Mastin/Shoemaker to deny the demolition permit application for 400 East Perkins Street. Councilmember Malone and Mastin questioned staff regarding the process for requiring the moving of the structure instead of demolition. The City Attorney replied further research is needed to answer. M/S Mastin/Shoemaker to table this matter until the next meeting. The motion was carried by a unanimous voice vote of all AYE. M/S Shoemaker/Malone to withdraw the previous action taken on 10d. Consideration of Demolition Permit Application for 326 East Perkins Street. The City Attorney advised this is not the proper procedure and advised them on the process for reconsideration. M/S Shoemaker/Malone to reconsider previous action on Item 10d. Consideration of D~molition Permit Application for 326 Eas~ Perkins Street, The motion was carried by the following roll call vote: AYES: Councilmembers Malone, Shoemaker and Mayor Schneiter. NOES: Councilmembers Mastin and Wattenburger. 10d. Reconsideration of Demolition Permit Application for 326 East Reg. Mtg. September 7, 1994 Paa~ 9 130 Perkins Street. Councilmember Malone stated he would prefer this structure be relocated instead of demolished or the salvage materials and he would favor a motion to table this matter until staff can provide further clarification. The City Attorney explained only denial or approval of the demolition permit is before Council for action at this time. He stated as the maker of the original motion which passed for Item 10d., he will allow that motion to stand. He explained it still contains the request for the applicant to relocate or salvage materials with the approval of the demolition permit request. The City Manager stated it appears this process needs to be readdressed as it is to onerous in addition to revisiting the historical inventory list. It was the consensus of 'Council to revisit this process and to address possible revamping of the historical list, just to update the inventory on the historical list. 10f. Consideration of Recruitment and Appointment Process for City M/S Malone/Mastin to approve the recruitment and appointment process for selection of City Treasurer. The motion was carried by a unanimous voice vote of all AYE. 10q. Council Discussion of Solid Waste Proposal as Outlined bv R. ~ - _ Councilmember Shoemaker distributed an additional letter pertaining to his proposal in the agenda packet. He noted Council has approved the following policies concerning the landfill in past actions; 1) Use of our landfill till full; 2) The Ukiah landfill should be the destination for as much waste as possible if a local transfer station is developed; 3) Operate our enterprise funds in the black to the benefit of our residents; 4) Keeping our rates as low as possible; 5) Work cooperatively with other jurisdictions to secure the best possible solution to solid waste disposal; 6) Make sure a strategically placed transfer station is ready when needed; and 7) Operate local systems with as much independence and self determination as possible. Councilmember Shoemaker requested Council discussion regarding his proposal as it appears to be a simple economical solution that will affect the direction Mendocino Solid Waste Authority will take in the future. Councilmember Mastin questioned if the $76 figure per ton accurate closure at the landfill as further State and Federal regulations may keep coming in. Councilmember Shoemaker stated in his telephone conversation with the Water Quality Board today, they indicated they see nothing coming other than some clarification. Councilmember Malone stated it makes good sense to transfer solid waste to a transfer recycling facility if we receive the volumes needed to cover closure costs. , Discussion ensued regarding opening up the landfill to the entire County. Mayor Schneiter stated he does not want to fund closure costs of other agencies nor will he agree to indemnification of other agencies. Discussion ensued regarding tonnage figures and resultant per 30 gallon can prices, control of waste stream, and franchise Reg. Mtg. September 7, 1994 State of California -- The Resources Agency DEPARTMENT OF PARKS AND RECREATION HISTORIC RESOURCES INVENTORY IDENTIFICATION 1. Common name: 2. Historic name: Quan Property Redemever Property IHABS UTM' Ser. No. HAER~. NR 5 A 10/482620 B C ' D SH L Loc . 4333350 3. Street or rural address: 400 E. Perkins Street City, Ukiah Zip 95482 4. Parcel number: 002-193-15 . [~,ounty, Mendocino 5. Present Owner: JinE G. Quan Address: 400 E. Perkins City Uktah Zip 95482 Ownership is: Public Private X 6. Present Use: ~,e~idential Original use: Residential DESCRIPTION 7a. Ar~itectural style: Vernacular 7b. Briefly describe the present phys/cal description of the site or structure and describe any major alterations from its original condition: The two story structure has a gabled roof and is currently surfaced with composition siding. Two one-story windowed bays flank the entry. Decorative brackets and turned porch posts are the principal decorative elements. A brick chimney stands on the east. Additions have been made on the east and the building has been resurfaced. The rear porch, on the west, has been enclosed. The building stands on a busy street in a transitional area. It is one of three nearby remnants of this early neighborhood; 320 and 326 are others, and 401E. Perkins stands across the street..- _ 8. Construction date: Estimated Factual _,~ 9. Architect Unknov~rn 10. Builder Unkno~n 11. Approx. property size (in feet) Frontage 80 Depth ----~L~ or approx, acreage 12. Date(s) of enclosed photograph(s) Aug. 1985 13. Condition: Excellent Good ~ Fair_3;.._ Deteriorated ~ No longer in existence 14. Alterations- M-mpTn,,~_; ~rtrl~f'4nn~ ,~nrt enr'lr).ql~T'e, l'e.~llr:~aC~Lng 15, Surroundings: (Check more than one if necessary) Open land Scattered buildings X Densely built-up Residential ~lndustrial X Commercial ~Other: 16. Threats to site: None known__~Private development Public Works project ~ Other: Zoning ~ Vandalism 17. Is the structure: On its original site? .. 18. Related features: _ Moved? Unknown? SIGNIFICANCE 19. Brieflystatehistoricaland~rarchitecturalimportance(includedates, events, and personsassociated withthesite.) In 1890, Celia A. Benton sold this property to William H. Davidson. The property was improved at the time of purchase. Some time between 1898 and 1905 the early structure was removed and the home that is today at 400 East Perkins was erected. In 1906, John August Redemeyer bought the home. According to a local news article that ran at the time of the purchase, the home Was bought to use as a winter residence and was one of the prettiest homes in that section of the City at the time. J.A. was born in 1866 to a A.F. Redemeyer in Laytonville. In his early years J.A. was a stockholder in the First National Bank and served as one of the banks directors for many years. Later he and his wife, Martha, owned and operated the Vichy Springs Resort in the eastern hills of Ukiah. Both J.A.& A.F. were considered very shrewd businessmen, Mr.& Mrs. Redemeyer owned the home until 1945. Presently the home is empty and has fallen into grave disrepair. ~The structure is .the largest and most ornamental remenant still standing in this earliest subdivision. It was owned-by an individual of strong local note. 20. Main theme of the historic resource: (If more than one is checked, number in order of importance.) Architecture 2 Arts & Leisure Economic/Industrial 1 Exploration/Settlement Government Military Religion Social/Education 21. Sources (Lis~' books, documents, surveys, personal interviews and their dates). Title History Assessment. Roll History Sanborn Fire Maps Old newspaper clips 22. Date form prepared November 22, 1985 By (name) P._~oEhmm~mT~/Vr~]'. Cr~mm5 Organization H~ ~¢ _ Address: 203 S. Schoo~ City ~ Ukiah Zip95482 Phone:_ (707) ~2-297~ Locational sketch map (draw and label site and surrounding streets, roads, and prominent landmarks): NORTH ITEM NO. 9b DATE: APRIL 17, 1996 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION CONCERNING LE'i-I'ER RECEIVED FROM MENDOClNO COUNCIL OF GOVERNMENTS REQUESTING SUPPORT FOR EEL RIVER PUMP PROJECT The Mendocino Council of Governments (MCOG) has been pursuing water rights on the Eel River and has submitted an application to the State in this regard. The attached memorandum from MCOG staff indicates that modifications to the application are necessary which will entail additional costs to participating agencies. Evidently the Redwood Valley County Water District has also expressed an interest in taking part in this project. Council discussion of this matter is necessary to determine if the City will continue to support this project. If a positive direction is identified, staff will return at the May 1 meeting with the appropriate resolution to formalize Council action. This matter was briefly discussed during City Councilmembers Reports at a meeting last fall. RECOMMENDED ACTION: Discuss Eel River Pump Project and provide direction to staff. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine more information is necessary prior to any discussion and defer to the May 1 meeting. 2. Determine the Council does not support the project and no further action is desired. 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 Mendocino Council of Governments __ _~ Michael F. Harris, AICP, Assistant to the City Manager t~L~"~,..L~ -].~' ~ --, Candace Horsley, City Manager 1. April 8, 1996 Memorandum from MCOG, pages 1-8. Candace Horsley, City ~anager mfh:asrcc 41796eel mendo no Coun L OF Governments TO: FROM: RE: DATE' ./Wemorandum Cities of Fo~ Bragg, Ukiah, Willits and Point ~en~ [ ( Ua~ Hiaff, MCOG Exec~ve Secreta~ ~1 ~t Suppo~ of ~e Eel River Pump Proje~ :~ ~ ~ ~ril 8, 1996 As you know, MCOG has taken the position as lead agency for research and filing of water right _appropriations on the Eel River. An application has been submitted to the State Water ResourCes Control Board, Division of Water Rights; however, -. modifications to the application are necessary. MCOG, in the meantime, has researched whether transportation funds can be used on the project, and CalTrans has provided an opinion that we cannot. We have just received a letter from the State giving us sixty days to modify the application and pay the filing fees or the application will be withdrawn and returned. MCOG, at their May 6 meeting, will take action to I) continue to act as lead agency for this project, 2) agree to the 'water right' request (i.e. 50,000 ac/f), and 3) determine the source of the necessary funds for the permit. (Based on the revised calculations of county water needs, the fee would be around $6,000.) MCOG's JPA (excerpts enclosed) authorizes involvement in various issues if individually supported by the parties to the agreement with specific funding means. Due to the critical timeline, I am asking that each Board take a position of support or nonsupport of this project and formalize it by resolution. Redwood Valley County Water District is also interested and could be a part of the JPA for this specific purpose, and if so, the contribution of funding per agency would be around $1,000. · If support is evident, then other funds would be pursued for the required economic, feasibility, and environmental studies. I have enclosed a copy of an application for MCOG funds that was not supported; however, it does outline the project's intent in the various stages. Please respond by phone or fax of your Board's decision no later than May 3. The ~ actual resolution would be needed by May 30 for MCOG's response to the State. ~ I wish to thank you in advance for your consideration of support of the project, and if you have any questions, please feel free to contact me. cc: Redwood Valley County Water District encls MCOG JPA Amendment Page 2 Section 7. shall be deleted in its entirity and shall read as follows: The MCOG acting as the Regional Transportation Planning Agency for Mendocino County shall be administered in accordance with the Transportation Development Act. Funding for this function shall consist of Local Transportation Funds, State Transit -Assistance Funds and any federal or state grants. Any other function(s) identified in Section 3 of this agreement must have a correlating funding source for administrative. reimbursement. .- ;.. Section 8. shall replace the position of County Treasurer with County Auditor. All other terms and conditions set forth in the Agreement of 1972 as amended in 1978 shall remain in full force and effect. - CITY OF FORT BRAGG: DATE: Approved: - '~ ATTEST: City- May6r - - CITY OF POINT ARENA: Approved: ~ '~~~1 ATTEST: Cil~Atto~ey / DATE: eity Clerk Approved.~~ ~ ~~./~~ ATTES "' '~C~, mi ' - Deputy City~Clerk~7/ CITY OF UKIAH: ~ DAT~ ~proved: ~ A~ES,: _ /~,' ~~ COUN~ OF MENDOCINO DATE' ~., Chai~an, B~r~bf S~e~rs . . , ,. . Cou~ ~u~el .~ 2 - Cl~ ~,~e'B~.ar~ Joint Powers Agreement Mendocino Council of Governments / NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The Mendocino County and Cities Area Plannihg Council (MCCPC) is hereby reconstituted'as the MENDOCINO COUNCIL OF GOVERNMENTS (MCOG), which is hereby created and established pursuant to Sections 6500 et seq., of the California Government Code (Title 1, Division 7, Chapter 5, Article 1). 2. MCOG shall have the power to serve the following general purposes, which are advisory only: ae provide a regular forum to facilitate discussion and the exchange of information on matters of mutual interest to the parties to this agreement, be C · serve as a vehicle for the joint sponsorship of informational workshops and training programs related to problems for local governments in Mendocino County, and advise and'assist the parties to this agreement in their efforts to deal with problems which they have in common, or which transcend jurisdictional boundaries. 3. MCOG shall have the power to serve the following specific purposes: a. act as the transportation planning agency for Mendocino County, as designated by the Secretary of the Business and Transportation Agency of the State of California, b · undertake economic development planning for Mendocino County, and C · any other specific power, including regional planning in other functional areas besides transportation and economic development, which has been expressly authorized by Resolutions adopted by the respective bodies of each of the parties to this agreement. Nothing contained herein shall be construed as limiting in any manner the power of any of the respective parties or other public entities in the 'County to initiate and complete a local project within their repsective jurisdictions. It is understood, however, the recommendations of the MCOG may be considered by agencies of the State or Federal Government in providing financial or other assistance to such a project. The MCOG shall take no action to preclude or discourage any RECEIVED OCT 3 '] October 31, 1995 Overall Work Program Proposed Scope of Work AGENCY: Mendocino Council of Governments CONTACT: Mary Hiatt TITLE' Eel River Pump Project- Preliminary Studies GOAL/PURPOSE: To continue work on the water rights permit until accepted by the State Department of Water Resources, along with appropriate maps, including payment of fees. Second, to obtain an economic feasibility study and preliminary environmental review of the fisheries component'on the proposed Eel River Pump Project, which concept is to divert water at high flow months at Dos Rios and transmit along the railroad right of way for further transmission of water by various Mendoino County water providers. PREVIOUS WORK: Mendocino County does not have adequate water rights to meet current, let alone future water demands. Water rights to Mendocino County from the Russian River are extremely limited and the primary holder is Sonoma County. The Eel River is an alternate resource which Mendocino County is the point of origin. The Mendocino Council of Governments (our Regional Board) supported action to file a water rights appropriation on the Main Stem and Middle Fork of the Eel River to assure our rights to this resource. An initial permit was filed with the Department of Water Resources, however, it is in the process of being recalculated and filing is still under review. The permit process alone can be a minimum of two years. The first step will be to have an economic feasibility report prepared and an environmental report will also be required. TASKS' Continue to obtain necessary data to complete the water rights appropriation permit, including incidential uses, and fees, as filed with the DWR. Work includes final mapping, location of diversion points, color photographs, and CEQA require- ments. The CEQA components are intended to be phased over two years. . Preparation of a Request for Qualifications for an outside consultant's preparation of an economic feasibility study with tasks as outlined in Attachment A and the preliminary environmental tasks as outlined in Attachment B. Based on the funds available, both tasks may be achieved the first year. MCOG staff will prepare the RFQ and track consultant activity. PRODUCTS: Draft and Final Economic Feasibility Report, with a preliminary environ- mental fishery component if tasks of Attachment B are feasible. 1995 October 31, 1995 OWP Application MCOG/Eel River Page 2 TIME SCHEDULE: Consultant Studies: . January 1996 - preparation of RFQ by MCOG staff and advertisement. March 1996 - response period and review of responses. April 1996 - selection of consultant. ' ' April - October 1996 - consultant document preps, ration. October 1996 - receipt and review of draft documents. December 1996 - final documents accepted. Permit: e 1 January 1996 - provide final acre feet calculations on diversion request. April 1996 - provide necessarY color photos and maps for place of use. January - May - contact all direct affected agencies for overall coOrdination needs. ~ October 1996 - apply for second stage of funding for balance of environmental components. December 1996 - provide DWR with preliminary study reports. If second stage of funding is obtained, solicit bids for EIR and provide DWR with final documents for 'protest hearing'. ESTIMATED PERSON DAYS/COST BREAKDOWN MCOG Staff' Rau & Associates Consultant 50 days 25 days 180 days Permit Fees & direct Costs Direct Costs Total: Ae $17,500 11,250 30,000 10,500 7,000 3,000 $79,25O Proposed Funding: MCOG Staff = in kind Rau & Associates = ink, nd Local $50,500 POII~IT OF DIVERSIO FORK EEL RIVER WATERSHED · ANNUAL STORAGE CAJ'A~TY: ~vf.~ %.. · "'" . ~. .', · ~.' .~EL RIVER PUMPIN(~ PROdECT .' ? .... .-~;"' ..~_L_ ....................... SEPTEMBER 189S Attachment A Eel River Pump Project Tasks for Economic Feasibility Study 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) Operating budget Pu~ping~c'hem~ ~ high flow time of year Obtain maps of rail-roads Fly routes to identify a) bridges b) tunnels c) switch backs d) crossings ,,> e) downtown infrastructure: ie: Willits and Fort Bragg Quantify constraints ~ Pipeline estimates and intake civil costs Quantify power consumption Quantify power generation Reservoir needs - short term Funding options Total Estimated Cost: $30,000 Attachment B 1) 2) 3) Eel River Pump Project · Tasks Preliminary Environmental Development of Construction Related Constraints Direct' Agency-Involvement a) Railroads b) PG&E c) Caltrans d) Fish and Game e) U.S. Fish and Wildlife Referral Permit Agencies a) Corps of Engineers · b) c) Regional Water Quality Control Board Department of Water Resources $6,500.0G 1,500.00 Inter County Involvement a) b) c) d) e) f) 2,500.00 City of Willits - Public Works County of Mendocino - Public Works Russian River Flood Control and Water Conservation District Sonoma County Water Agency Humboldt County Water Agency Lake County Water Agency Total Est. Cost: $10,500.00 ITEM NO. 10a DATE: April 17, 1996 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION APPROVING JOINT POWERS AGREEMENT FOR MENDOClNO EMERGENCY SERVICES AUTHORITY, APPROVE BUDGET, AND APPOINTMENT OF CITY MANAGER TO BOARD OF COMMISSIONERS The cities and county have made efforts towards organizing emergency planning services since the early 1980's. There was limited coordination between the agencies for development and implementation of emergency plans, and training was always on the Iow priority list in comparison to other demands of the jurisdictions. The initial discussions regarding a County-wide Emergency Services JPA were held in 1992. Since that time, the state has mandated requirements for a standardized emergency management system (SEMS), which coordinates state and local emergency responses in California and brings the various local agencies in Mendocino County under one system. SEMS provides for a multiple level emergency response organization and is intended to facilitate the flow of emergency information and resources within and between local and regional levels. Under SEMS regulation, the County serves as the lead agency for the operational area, which manages and coordinates information, resources, and priorities among the local governments within the operational area and serves as the coordination and communication link between the local government level and the regional level. (Continued on Page 2) RECOMMENDED ACTION: Council review and adopt the resolution approving the Joint Powers Agreement, approve the proposed budget, and appoint the City Manager, or her designee, to the MESA Board of Commissioners. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Approve revised JPA Agreement and/or Budget Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Candace Horsley, City Manager . 2. 3. 4. Resolution for Adoption (JPA Agreement as Exhibit A) Budget for 1996/97 Emergency Preparedness Coordinator Job Description City of Ukiah Costs of Accounting APPROVED:LL-'"~,,, ca-n'~ce Horsley, O~ty ~anager 4/Can:ASRJPA1 The cities of Pt. Arena, Ft. Bragg, Willits, Ukiah, and the County of Mendocino have met at the staff level to formulate the JPA for the Mendocino Emergency Services Authority (MESA). Attached with this Agreement is the proposed budget in which the total cost is divided by cities and the County, based on population. The City of Ukiah is providing accounting and payroll services and, therefore, has reduced its gross share of $13,567 to a net share of $11,617 per year. There are two positions proposed for the Authority, one of which is an Emergency Preparedness Coordinator whose job description is attached. There is also an Office Assistant position proposed, which will provide secretarial support. The County is providing office space in their Annex building on School Street. The Agreement contains several significant items. , The Authority will coordinate disaster and other emergency preparedness planning and recovery programs and provide the training of employees and volunteers that is needed throughout the County for disaster preparedness. The Coordinator will also help each city and the County prepare their required Emergency Plans and help to administrate disaster recovery systems programs. This position is essential to provide the expertise needed to consult with the cities and to assure that our plans are efficient and complete. . The governing body of MESA will be comprised of the Director of Emergency Services or the Chief Administrative Officer of each of the participating agencies. 3. MESA will provide independent audits and insurance. . Any member terminating its participation in MESA will be obligated to pay its pro-rated share of all encumbrances and indebtedness of the MESA up to that point. . An annual proposed budget will be submitted to each member city and County for review and approval. Staff requests Council to review and adopt the resolution approving the Joint Powers Agreement, approve the proposed budget, and appoint the City Manager, or her designee, to the MESA Board of Commissioners. i RESOLUTION NO. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING JOINT POWERS AGREEMENT ESTABLISHING MENDOCINO EMERGENCY SERVICES AUTHORITY WHEREAS, there exists the possibility of natural or man-caused disasters such as earthquakes, fires, major storms, floods, oil spills, and other catastrophes which may affect the peace, comfort, health and security of large numbers of persons and extensive areas of the county; and WHEREAS, preparedness planning for such events can be most effective if the plans of all entities within the county are coordinated to produce an efficient operation and eliminate duplication and confusion in time of necessity; and WHEREAS, pursuant to Title 1, Division 7, Chapter 5, of the Government Code of the State of California, commonly known as the Joint Exercise of Powers Act, two or more public agencies may, by agreement, jointly exercise any power common to the contracting parties; and WHEREAS, the cities of Fort Bragg, Point Arena, Ukiah, Willits, and the County of Mendocino desire to establish an agency for the purpose of coordinating disaster and other emergency preparedness planning and recovery programs, training of employees and volunteers, administering disaster recovery programs, and such other related activities as the parties may deem appropriate. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Ukiah has determined that it is appropriate to participate in a Joint Powers Authority, to be known as the Mendocino Emergency Services Authority (MESA), as set forth in the attached Agreement (Exhibit 1); and the Mayor is authorized to execute said Agreement on behalf of the City of Ukiah. PASSED AND ADOPTED this 17th day of April, 1996, by the following roll call vote- AYES: NOES: ABSENT: ABSTAIN: Fred Schneiter, Mayor Attest - Cathy McKay, City Clerk 4: Re s \MESA · f . JOINT POWERS AGREEMENT CREATING THE MENDOCINO EMERGENCY SERVICES AUTHORITY THIS Joint Powers. Agreement ("AGREEMENT") is made and entered into this day of , 1996 by and between the signatories to this Agreement, which are local governments in Mendocino County, acting through their respective legislative bodies (collectively "PARTIES" and , t · · indiVidually "PARTY"), WITNESSETH: 'WHEREAS, each of the PARTIES to this AGREEMENT is a "public agency" as this term is defined in Section 6500 of the Government Code of the State of California; and WHEREAS, pursuant to Title 1, Division 7, Chapter 5, of the Government Code of the State of California, commonly known as the Joint Exercise of Powers Act, two or more public agencies may, by AGREEMENT, jointly exercise any power common to the contracting PARTIES; and WHEREAS, each of the PARTIES hereto has the power and legal : responsibility, in addition to other powers which are ~ommon to each of them, to undertake the management of local emergencies, prepare emergency plans, train employees and volunteers in emergency'management, and provide public information on disaster preparedness; and WHEREAS, there always exists the possibility of natural or man-caused disasters such as earthquakes, fires, major storms, floods, oil spills and other manifestations which may affect the peace, comfort, health and security of large numbers of persons and extensive areas of the county; and WHEREAS, the California Code of Regulations, Title 19, Division 2, provides for operational area emergency planning and coordination by local government agencies;, and WHEREAS, preparedness planning for such events can be most effective if the plans of all entities within the county are coordinated to produce an efficient operation and the elimination of duplication and confusion in time of necessity; and WHEREAS, such coordination can only be secured by cooperative action through competent ag~ncies"Pri0r"t'0 'need; and WHEREAS, the powers to provide for the common defense; to prepare for defense against natural disaster; and the power to act in case of emergency or disaster, are all powers common to the parties signatory hereto. WHEREAS, that in order to economically and adequately exercise the powers hereinabove referred to, it is essential that skilled personnel, charged with the duty of coordinating mutual effort, should be provided in order to obtain maximum benefits. Such contemplated service is more feasibly obtained through Joint action than by uncoordinated efforts by the respective agencies severally. WHEREAS, that in the opinion of the respective legislative bodies of the respective agencies signatory hereto, the arrangements and' provisions provided by this AGREEMENT will best serve the public peace, health, safety, comfort, convenience and general welfare of said respective agencies, and of the county generally. , WHEREAS, it is the desire of the PARTIES to use any power that they have in common which is reasonably necessary and appropriate to aid in the accomplishment of these goals; and WHEREAS, the PARTIES desire, by means of this AGREEMENT, to establish a separate agency and procedure to accomplish these goals; NOW THEREFORE, based upon the mutual promises contained herein, the PARTIES hereby agree as follows: 1. Purpose. The purpose of this AGREEMENT is to establish an agency to be known as the MENDOCINO EMERGENCY SERVICES AUTHORITY (herein alternatively "MESA" or "Aqenc¥") for the purpose of coordinating disaster and other emergency preparedness planning and recovery programs, training of employees and volunteers, administration of disaster recovery assistance programs, and such other related activities as the parties may deem appropriate. 2. Establishment of the Agency/Composition of the Commission. There is hereby established pursuant to the Joint Exercise Powers Act (Section 6500 et seq., of the Government Code of the State of California) an Agency which shall be a public entity separate from the PARTIES to this AGREEMENT. The name of the Agency shall be the MENDOCINO EMERGENCY SERVICES AUTHORITY. The governing body of MESA shall be a Commission composed of the Director of Emergency Services or the Chief Administrative Officer of each of the member agencies. All such representatives shall constitute a commission (the "Commission"). No PARTY'S representative to the commission shall be qualified to serve on the commission and the PARTY shall cease to have a representative on the commission if that PARTY terminates its participation in this AGREEMENT. The Commission shall be the governing body of the MESA and the administering agency of this Joint Powers AGREEMENT, and, as such, 3 shall be vested with the powers set forth in this AGREEMENT, and shall execute and administer this AGREEMENT in accordance with its terms, purposes and functions provided herein. AssumDtion of Responsibilities. Upon completion of the initial organization of the MESA and the selection of a Chair and Vice Chair, the MESA shall proceed to carry out its duties and responsibilities as set forth in this AGREEMENT. 3. Organization of the Commission. The Commissioners shall elect officers including a chair, a vice-chair, and a secretary, and such other officers as the Commission shall deem appropriate. All such officers shall serve the Commission at its pleasure or for such term as may be provided by Commission rule. The Commission may appoint such subcommittees as it deems appropriate in order to perform the functions of the MESA. 4. Officers. The Chair of the MESA shall preside at all meetings of the Commission and perform such other duties as the Commission shall instruct. The duties of the Vice-Chair and the Secretary shall be the usual and customary duties of such officers. 5. Treasurer and Controller. The Treasurer of the MESA shall be the Treasurer of one of the parties as designated by the Commission. The Auditor Controller of one of the parties as designated by the Commission shall be the Controller of the MESA. The Commission may at any time after the adoption of this AGREEMENT, appoint one of its officers or hire an employee to replace or fill either or both of these positions. The Treasurer of the MESA shall cause an independent audit of the MESA's finances to be made by a certified public accountant, or public accountant, in compliance with Section 6505 of the Government Code. The Treasurer of the MESA shall be the depositor and have custody 4 of all the money of the MESA from whatever source. The Controller of the MESA shall draw warrants to pay demands against the MESA when the · demands have been approved by the Commission or its designee pursuant to any delegation of authority adopted by the Commission. The Treasurer and Controller shall comply strictly with the provisions of the statutes relating to their duties found in Chapter 5, Division 7, Title 1 of the Government Code, beginning with Section 6500. The Controller and the Treasurer shall each file an official bond in the amount determined from time to time by the Commission. 6. Meetings. The Commission shall provide for regular meetings and special meetings in accordance with the Ralph M. Brown Act, Chapter 9, Part 1, Division 2, Title 5, of the Government Cod® beginning with Section 54950, or in accordance with such other regulations as the legislature may hereafter provide. The affirmative or negative vote of a majority of the entire Commission shall be necessary for it to take action, except that none of the terms and conditions set forth in this AGREEMENT, nor any of the procedures expressly provided for herein, may be altered, changed, or amended by such a vote, or by any means, except by written amendment to this AGREEMENT executed by all PARTIES hereto. 7. Powers and Functions. MESA shall have any and all powers authorized by law to all of the PARTIES hereto, and separately to the agency herein created, relating to emergency preparedness planning and administration of disaster assistance programs. Such powers shall include the common powers specified in this AGREEMENT and may be exercised in the manner and according to the method provided in this AGREEMENT. All powers common to the PARTIES are specified as powers of MESA. MESA is hereby authorized to do all acts necessary for the 5 exercise of such powers, including, but not limited to, any or all of the following: to make and enter into contracts; to employ agents and employees; to acquire, construct, provide for maintenance and operation of, or maintain and operate, any buildings, works or improvements; to acquire, hold or dispose of property wherever located; to incur debts, liabilities or obligations; to receive gifts, contributions and donations of property, funds, services and other forms of assistance from persons, firms, corporations and any governmental entity; and to sue and be sued in its own name. The MESA shall perform the following duties, any of which may be performed by employees or agents of the MESA appointed by and as directed by the Commission: a. Implement the Standardized Emergency Management System (SEMS) in accordance with state requirements. b. Serve as the SEMS local Operational Area for Mendocino County. c. Provide for public information and public relations services, including speeches, press releases and letter and telephone inquiries and replies in regard to disaster and emergency preparedness. d. Collect and analyze data on public and private resources within the area that could be used in the event of disaster. e. Provide consulting services to the public schools, other public agencies and the PARTIES hereto to assist in the preparation of disaster plans. f. To make services available for the general coordination of volunteer services in regard to disasters. g. Provide liaison with other disaster services offices and organizations. 6 h. Assist the PARTIES and other public agencies in applying for, and administering disaster assistance which may be provided by federal and/or state agencies. i. Prepare and maintain on behalf of the PARTIES all required emergency preparedness plans. J. Provide training to member agency officials and employees in the area of disaster preparedness and response. k. To apply for, accept, receive and disburse grants, loans and other financial assistance from any agency of the United States of America or of the State of California, or from any other public agency or from other sources, public or priVate, and expend such funds for the purposes set forth in this AGREEMENT. 1. To perform such duties and functions as may be necessary or appropriate for the coordination of federal or state assisted programs and projects within the geographical boundaries of this AGREEMENT. m. To do and perform any and all acts necessary to participate in federal or state assisted projects within the Jurisdictional boundaries of the MESA, including, without limitation, applying for, accepting and administering grants or other financial assistance from the federal government, the state, or other public agencies, or from any other sources, public or private, for such projects; to use and expend such funds for any of the purposes as described or referred to in this agreement; and to enter into and carry out contracts or agreements in connection therewith which are not inconsistent with the purposes and powers of the Authority as set forth in this AGREEMENT. n. Acquire and dispose of all kinds of property; o. Issue or cause to be issued bonded and other indebtedness, and pledge any property or revenue as security to the extent permitted 7 by law under Article 2, Chapter 5, Division 7, Title 1 (commencing with Section 6540) of the Government Code or otherwise including, but not limited to, bonds or other evidences of indebtedness of a nonprofit · corporation issued on behalf of MESA or any of its PARTIES. p. Obtain in its own name all necessary permits and licenses, opinions and rulings; q. Whenever necessary to facilitate the exercise of its powers, form and administer nonprofit corporations to do any part of what MESA could do, or to perform any proper corporate function, and enter into agreements with such a corporation; r. Accept in its own name any contribution or gift. s. Research, evaluate and make recommendations concerning the coordination and oversight of other services which may be improved through consolidation of effort, such as hazardous incident response and emergency communications. t. Provide such other services to the parties as are necessary or convenient to overall emergency preparedness coordination. 8. Exercise of Powers. The manner in which the MESA, shall exercise its powers and perform its duties is and shall be subject to the restrictions upon the manner in which a general law city which is a PARTY hereto or a county which is a PARTY hereto, as the case may be, could exercise such powers and perform such duties; and shall not be subject to any restriction applicable to the manner in which any other public agency could exercise such powers or perform such duties, whether such agency is a PARTY to this AGREEMENT or not. 9. Specific Restrictions. The following specific restrictions on the powers and functions of the Authority shall apply and be observed by the MESA: a. The MESA shall have no taxing powers. b. The MESA shall not interfere in the internal affairs of a member entity. c. The MESA shall have no veto power over grant applications submitted to state or federal agencies by a member entity. d. The MESA shall have no authority to incur any indebtedness without the unanimous approval of the parties. e. No MESA employee shall assume the role of Director of Emergency Services or exercise control over the resources of any of the agencies which are parties to this AGREEMENT. 10. Debts. None of the debts, liabilities or obligations of MESA shall be the debts, liabilities or obligations of any of the PARTIES of MESA unless assumed in a particular case by resolution of the governing body of the PARTY to be charged. 11. Claims. All claims and actions for money or damages against the MESA and its officers and employees are governed by Division 3.6 (commencing with Section 810) of Title I of the Government Code of the State of California. The MESA shall be deemed a "public entity" within the meaning of Division 3.6 of Title I of said Government Code. 12. Interests in Contracts. The provisions of Article 4 (commencing with Section 1090), Article 4.5 (commencing with Section 1100), and Article 4.6 (commencing with Section 1120), Chapter 1, Division 4, Title I, and Sections 87100 et seq. of the Government Code of the State of California prohibiting certain financial interests in public contracts and pertaining to conflicts of interest shall apply to the officers, directors, and employees of the MESA. 13. Records and Accounts. The MESA shall cause to be kept accurate and correct books of account, showing in detail the costs of administration, operation and maintenance, and all financial transactions of the MESA. Said books of account shall be open to inspection at all times during normal working hours by the public or any representative of any of the parties hereto, or by any accountant or other person authorized by any party hereto to inspect said books of account. In accordance with Section 6505 of the Act, the books of account and other financial records of the MESA shall be audited annually. 14. Membership. This AGREEMENT shall become effective on the date of its execution as hereinabove stated. The AGREEMENT between the PARTIES shall remain in effect as to any PARTY, unless and until it is terminated as to such PARTY by notice in writing to all other PARTIES given by the withdrawing PARTY at least one hundred twenty (120) days in advance of the effective date of such termination; provided that such termination by and as to any PARTY shall not terminate this AGREEMENT as to the remaining PARTIES or the existence of the MESA, or the Commission, herein created. Any PARTY so terminating its participation in this AGREEMENT shall be obligated to pay its pro-rata share of all encumbrances and indebtedness of the MESA (based on the population percentage of the PARTY in comparison with the total population of all PARTIES and the total indebtedness of MESA as of said date) as of the date of service of notice of termination on MESA, as a condition precedent to such termination and withdrawal; provided, however, that this obligation shall not extend to any indebtedness of MESA or any indebtedness of a nonprofit corporation created by MESA provided such indebtedness has been specifically assumed by contract between MESA and one or more 10 PARTIES or any public agency not a member of MESA. The liability for such indebtedness shall be determined pursuant to the terms of such , contracts. Notwithstanding the release from liability hereunder, the PARTY terminating shall remain contingently liable until payment in full of the interest and the indebtedness has been retired in full. 15. Staff. The staff of the Commission may be hired as full-time or part-time employees of MESA or the Commission may independently contract for the provision of professional services as required. 16. Term. This AGREEMENT shall remain in effect until terminated by a majority vote of the PARTIES. 17. Budget Process/Fundinq. It is the intent of this AGREEMENT that each PARTY shall jointly approve the MESA's proposed budget for each fiscal year's operation of MESA, in the following manner, namely: a. MESA shall once each year, during the months of March and April, prepare a proposed budget for the MESA. b. After preparation of the budget, MESA shall transmit a copy of the proposed budget to each PARTY. Each PARTY shall promptly review the proposed budget. c. In the event any PARTY has specific comments, objections, additions or deletions to the proposed budget for the forthcoming fiscal year, that PARTY shall notify MESA of same in writing on or before the 15th day of May of each year. A failure to respond by the 15th day of May shall be treated as a PARTY's approval of the proposed budget. d. In the event a PARTY is not in agreement with the proposed budget, the Commission shall notify that PARTY of the time and place of the MESA meetings and it shall be incumbent upon said PARTY to be present at such meetings so that a resolution of the matter can be 11 reached. The PARTY's failure to attend such meeting shall be treated as approval of the proposed budget. e. By no later than July 1 of each year, the Commission shall adopt the final budget. Upon final adoption of the budget by the MESA, each PARTY shall be so notified and each party shall immediately act to encumber or otherwise provide for that PARTY's share of applicable expense for the ensuing fiscal year. f. Each PARTY shall pay its share of the budget based on its population as a ratio of the total population of all the PARTIES as established and certified by the State Department of Finance. g. Each PARTY's share shall be due and payable in accordance with a schedule established by the Controller and approved by the Commission. In addition to the annual audits required by Government Code Section 6505, special audits may be called for and paid for by the Commission at any time. 18. Additional Funding. Upon the request or approval of MESA, any PARTY hereto may make payments, advances or contributions to MESA from its treasury for any and all purposes set forth herein, and upon request or approval of MESA, may contribute personnel, equipment or property, in lieu of other contributions or advances, to assist in the accomplishment of one or more of such purposes. a. All such payments, advances or contributions, whether in cash or in kind, shall be made to and may be disbursed or used by the agency herein created. b. Except as in this AGREEMENT otherwise provided, there shall be no repayment or return to any PARTY of all or any part of any payments, advances, or contributions in cash or in kind. 12 c. Any funds received by MESA for general financial support shall accrue to the benefit of all parties and, when used for general operating expenses, the per capita contribution of the parties shall be reduced proportionately. 19. Repayment or Return of Contributions. Repayment or return to any contributing PARTY of all or part of any payments, advances or contributions in cash or in kind may be authorized by the Commission from revenues produced from the operation of the MESA or from the proceeds of the issuance of bonds or other evidences of indebtedness by the MESA. Repayment or return of contributions shall be made on a pro-rata basis at the time specified by the Commission in conformity with Government Code Section 6512.1. 20. Accountability. MESA shall be held strictly accountable for all funds and shall make an annual report to all PARTIES to this AGREEMENT of all receipts and disbursements, all in accordance with Section 6505 of the Government Code and other applicable statutes, utilizing generally accepted accounting principles. The MESA shall retain title to all equipment and assets obtained or purchased under this AGREEMENT. Upon the sale or transfer of equipment or assets, their disposition shall be determined pursuant to Section 22 of this AGREEMENT. 21. Enforcement by Authority. The MESA is hereby authorized to take any or all legal actions necessary and permitted by law to enforce this AGREEMENT or to accomplish its purposes. 22. Dissolution. Upon dissolution of the MESA as a legal entity, all debts of and advances of MESA shall be paid, and then the property of MESA, whether real or personal, shall be divided among and distributed to all of the PARTIES who at any time during the existence 13 of MESA were PARTIES to this AGREEMENT in proportion to the costs borne by each such PARTY to the MESA during its legal existence by non-reimbursed contributions made pursuant this AGREEMENT. 23. Insurance. The Commission of MESA is authorized to and shall procure general comprehensive liability and other insurance by such means and in such amounts as it deems advisable to protect the MESA and each of the PARTIES hereto, charging the cost thereof to the operating costs of the MESA. 24. Immunity. All of the privileges and immunities from liabilities, exemptions from laws, ordinances and rules, all pension, relief, disability, worker's compensation, and other benefits which apply to the activity of officers, agents or employees of any such public agency when performing their respective functions within the territorial limits of their respective public agencies, shall apply to them in the same degree and extent while engaged in the performance of any of their functions or duties extraterritorially under the provision of Article 1 of Chapter 5, Division 7 of Title 1 of the Government Code of the State of California and as provided by law. 25. Breach. In the event that any PARTY to this AGREEMENT should at any time claim that another PARTY has in any way breached or is breaching this AGREEMENT, the complaining PARTY shall file with the governing body of the other PARTY, and with the Commission, a written claim of said breach, describing the alleged breach and otherwise giving full information respecting the same. The Commission shall thereupon, at a reasonable time and place specified by it, give all PARTIES full opportunity to be heard on the matter, and shall, upon conclusion of said hearing, give the legislative or governing bodies of all PARTIES a full report of its findings and recommendations. Said report, findings 14 and recommendations shall be deemed advisory only, shall not in any way bind any of the PARTIES hereto, and shall not be deemed to establish any facts, either presumptively or finally. Upon receipt of said report and recommendations, if any PARTY should be dissatisfied with or disagree with the same, the legislative or governing bodies of the PARTIES in disagreement shall Jointly meet with each other at a reasonable time and place to be determined by them, for the purpose of resolving their differences. No action for breach of this AGREEMENT, and no' action for any legal relief because of any such breach or alleged breach of this AGREEMENT, shall be filed or commenced, and nothing shall be done by any PARTY to rescind or terminate this AGREEMENT, except as provided in this AGREEMENT, unless and until such PARTY has first given to the other PARTIES a reasonable time, after the conclusion of said joint meeting of the legislative or governing bodies that have met to resolve their differences, within which to cure any breach or alleged breach. 26. Severabilit¥. It is hereby declared to be the intention of the signatories to this AGREEMENT that the paragraphs, sentences, clauses and phrases of this AGREEMENT are severable, and if any phrase, clause, sentence, or paragraph of this AGREEMENT shall be declared unconstitutional or invalid for any reason by a valid Judgment or decree of a Court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining paragraphs, clauses, phrases, and sentences of this AGREEMENT. 27. Notices. All notices required or given pursuant to this AGREEMENT shall be deemed properly served when deposited, postage prepaid, in the United States mail, addressed to each PARTY at the address indicated on this AGREEMENT adjacent to the signature line of each PARTY. 15 28. Duplicate Originals. This AGREEMENT can be executed in one or more duplicate originals, each bearing the original signatures of the parties, and when so executed each duplicate original shall be deemed an original of the AGREEMENT admissible in court as evidence of the terms of the AGREEMENT. . // // // // // // // // // // // // // // // // // // // 16 IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT on the date first above written. CITY OF UKIAH ATTEST: CITY CLERK ADDRESS BY: FRED SCHNEITER, MAYOR CITY OF FORT BRAGG ATTEST: CITY CLERK ADDRESS BY: PATRICIA A. CAMPBELL, MAYOR CITY OF POINT ARENA ATTEST: CITY CLERK ADDRESS BY: RAVEN EARLYGROW, MAYOR CITY OF WILLITS ATTEST: CITY CLERK ADDRESS BY: BRUCE BURTON, MAYOR COUNTY OF MENDOCINO ADDRESS ATTEST: BY: CLERK OF THE BOARD APPROVED AS TO FORM: LIZ HENRY CHAIRMAN, BOARD OF SUPERVISORS H. PETER KLEIN County Counsel C25DISAS.TER/GARY96 17 MESA PROPOSED BUDGET April 3, 1996 Prepared by Jim Andersen, Mend0¢ino County DESCRIPTION AMOUNT COMMENT8 Executive Director base salary Office Assistant Overtime Employee Health Insurance Employee Retirement OASDI Worker's Compensation Insurance Unemployment insurance 42,000 9,000 0 4,971 6,480 3,898 3,617 298 Total Salaries and Benefits 70,064 Services and Supplle~: Communications Facility Lease General Liability Insurance Office Expense Accounting/Audit Preparation Audit Expense (CPA) Education and Training Transportation and Travel Total Services and Supplies 750 7,500 3,000 2,500 1,400 3,000 2,000 ,, 4,000 -- 24,150 Office Equipment: Executive desk Executive computer table Executive chair Secretarial desk Secretarial chair Guest office chair (3) Telephone, two line (2) Calculator Computer, 486 minimum (2) Printer Mobile phone Pager Book case (2) File cabinet Conference table Conference chair, stackable (10) Total Office Equipment 250 150 200 275 125 375 160 125 4,$00 1,400 235 75 300 160 150 400 8,980 Total Expenditures Contingency Total Financing Requirements 103,194 5,000 t08,194 .5 FTE, full year cost subject to commission decision subject to commission decision County In-kind Uklah in.kind County In-kind Ukiah IR-kind County i~-klnd Uklah in-kind Uklah 10.kind County It~-kind County ia-kind County i~-klnd County i~-kind County i~-kind County l~l-kind County ir~-kind Revenue: EMA Funding Parties' Contribution 30,506 ,..77.688 1 based upon revised EMA formula Parties' gross shams: Fort Bragg Point Arena Uklah WIIIIts Unincorporated Total ~ 5,716 389 13,587 4,715 53~300 77,888 1/95 DOF population estimates 8,345 432 15,059 5,234 69,161 Parties flint year net shams: Fort Bragg Gross share In.Kind contributions 5,716 Net sham 6,7t6 Point Arena Uklah VVilllt$ ' Unincorporated Total ! 389 13,567 4,715 53,300 77,688 0 1,950 0 9,645 11 ,~.$ 389 11,617 4,715 43,656 66,003 MENDOCINO EMERGENCY SERVICES AUTHORITX JOB DESCRIPTION JOB TITLE: Emergency Preparedness Coordinator REPORTS TO: Mendocino Emergency Services Authority Commission POSITION SUMMARY: Under the direction of the MESA Commission, the Emergency Preparedness Coordinator has the responsibility for the day-to-day operation of the MESA office; acts as staff to the MESA Commission; plans, organizes and implements the emergency/disaster preparedness program within Mendocino County; coordinates emergency services activities with those of state and federal government consistent with the MESA role as Operational Area; plans and conducts training of emergency service personnel and volunteers; plans and conducts public information programs. ESSENTIAL FUNCTIONS: Provides effective leadership; works effectively in highly stressful environments which are politically influenced; problem solving; gives direction to other employees; reading with good comprehension and writing in a concise and understandable way; drive motor vehicle; ability to communicate effectively both orally and in writing. FAIR LABOR STANDARDS ACT EXEMPTION: The incumbent of this position spends more than 50 percent of his/her time in the overall management of the agency. ..The incumbent supervises two or more employees. This position is, therefore, "exempt" under the Fair Labor Standards Act as an "Executive Employee." TYPICAL DUTIES AND RESPONSIBILITIES: - Prepares agenda for meetings of Commission. - Attends meetings of Commission, furnishing information and recommendations regarding MESA policies, programs and analysis. - Provides SEMS and Incident Command System (ICS) training. - Develops, coordinates and conducts emergency exercises. - Provides FEMA/OES with quarterly reports and an annual work plan for EMA reimbursement. - Attends State, Regional, and local meetings and workshops. - Oversees the development of County and city resource directories. - Prepares State mandated After Action Reports following disasters. - Provides information and education to the public. JOB TITLE: Emergency Preparedness Coordinator - Develops continuity of government procedures and systems. - Coordinates and conducts tabletop, functional, and full-scale training exercises in the categories of national security, natural hazards, and technological hazards to evaluate EOC operations. Develops emergency plans (including Annexes, SOPs and Contingency), programs and policies for, and in coordination with, member jurisdictions using Federal, State and local guidance.. - Conducts Commission meetings/workshops on relevant subject matters. - Provides public information materials and programs to the general public, schools and businesses; responds to public inquiries; collects and analyzes data; maintains an audio visual library and maintains information on private and public resources available during a disaster. - Provides liaison with other disaster services organizations and provide coordination and communication links during disasters. - Assists in preparation and revisions of necessary ordinances and resolutions and other necessary paperwork required by FEMA/State _ OES.. - Attends pertinent Federal and State and other training programs, workshops and seminars as deemed necessary to improve emergency programs; conduct workshops as appropriate to brief member jurisdictions on disaster preparedness programs. - Assists member Jurisdictions in developing Emergency Operation Centers (EOCs) including information on appropriate displays, supplies, communications systems, etc. - Maintains the smooth functioning of the MESA office, including recordkeeping, County information file, correspondence, and all clerical and secretarial duties. - Prepares annual budget information; maintains all financial records. - Negotiates and oversees the management of contracts and agreements. - Studies systems and procedures and proposes improvements and simplifications. - Directs the personnel recruitment, examination, classification and pay programs of the MESA. - Directs the implementation, maintenance and enforcement of MESA personnel policies and practices. - Researches and identifies potential sources of revenue to fund MESA services. : - Prepares applications and administers grant programs. -- Other duties and functions as directed by the Commission. - 2 - JOB TITLE: Emergency Preparedness Coordinator MATERIALS, EQUIPMENT AND TOOLS: The incumbent of this position is required to utilize a computer for word processing and data base maintenance, other standard office equipment, slide projectors, overhead projectors, projection screens and video equipment, two-way radios, telephone, adding machine, and is required to drive an automobile. Occasionally moves and sets up tables and chairs for meetings. SPECIAL REQUIREMENTS: Possession of a valid Class C or higher California driver's license. DESIR~mLE SKIT.r.S, KNOWLEDGE AND ABILITIES: Knowledqe of: - Federal, state and local policies, plans and procedures for emergency preparedness. - Office administration. - Standard accounting principles, practices and procedures. - Principles and practices of publ'ic ~dministration, governmental budgeting/finance, and local government management practices. - Methods of analyzing, evaluating and modifying administrative policies and practices. - Principles of organization and management. - Thorough knowledge of the principles and effective practices of disaster management including conditions leading to major emergencies. - Considerable knowledge of the laws, rules, and regulations governing the establishment and maintenance of emergency services systems; emergency services activities and major aspects of civil defense and disaster organization and planning; the mitigation, preparedness, response and recovery responsibilities of local government in disaster operations; Federal and State policies and guidelines for emergency services and assistance. - Workinq knowledge of Federal and State emergency services program and funding procedures; the concepts of multi-hazardous functional planning; public personnel and budget administration; the principles and practices of supervision and training; written and oral communication, including language mechanics, syntax and English composition. Ability to: - Organize and conduct meetings, conferences and workshops. - Direct planning teams and work groups. - 3 - JOB TITLE: Emergency Preparedness Coordinator - Gather information; compile reports, guidance materials, plans, etc.; prepare correspondence and minutes. - Self initiate projects and manage time effectively. - Disseminate and interpret varied information to Commission members. - Perform financial and office duties. - Deal tactfully, courteously and knowledgeably with the public. Plan, organize and coordinate the activities of a county-wide emergency preparedness program which includes a variety of agencies and organizations. - Select, train, supervise and evaluate the work of subordinates. - Formulate and implement county-wide emergency plans. - Identify training needs and develop and coordinate the presentation of a comprehensive emergency preparedness training program to diverse County agencies and organizations. - Establish and maintain effective working relationships with Federal, State and Local officials and employees. - Coordinate emergency services activities with County/City departments, other governmental agencies and county-wide organizations. - Analyze emergency situations accurately and implement effective courses of action. - Analyze administrative problems to reach practical conclusions and institute effective changes. - Prepare and direct the preparation of comprehensive written reports and oral presentations containing alternate solutions and recommendations regarding specific resources, plans and policies. - Ensure proper compliance with Federal and State as well as MESA guidelines, policies, goals, rules and regulations. - Understand, interpret and apply rules, regulations and ordinances and Federal, State and local legislation. - Research, compile, and analyze comprehensive reports and statistical information. - Work under pressure, be subject to extended work hours, be on-call in case of emergencies. - Prepare clear and comprehensive written reports. - Speak effectively in public. - 4 - JOB TITLE: Emergency Preparedness Coordinator - Establish and maintain cooperative relationships with MESA officials, employees, news media, the general public and representa- tives of other agencies in the capacity of agent for the MESA. - Develop and conduct training programs. DESIRABLE EXPERIENCE/EDUCATION: Education: Academic course work and training which would provide the opportunity to acquire the knowledge and abilities listed. Normal, course work and training in public administration, business administration, fire or police management would provide such opportunity. Completion of the following courses is highly desirable: Radiological Monitoring Instruction Course, Hazardous Materials Planning Course, Exercise Development Course, Emergency Public Information Officer Workshop, and Federal Emergency Management Agency Professional Development Training Series including emergency planning. Experience: ~ Any combination of experience which would provide an opportunity to acquire the knowledge and abilities listed. Normally, two years of administrative, technical or operational experience in an emergency services related program, would provide such opportunity. Experience in planning and conducting training programs. PHXSiCAL REQUIREMENTS: Constant reading and listening; frequent sitting in an office chair; works longer than eight hours daily; occasionally works 12-20 hour shifts during disaster management; walk on uneven surfaces at emergency locations; operate motor vehicle. 3/96 - 5 - AGENDA SUMMARY ITEM NO. 1 Ob. DATE: April 17, 1996 REPORT SUBJECT: Nomination to Fill the One Vacancy on the Planning Commission, and Adoption of Resolution Making Appointment As per Council direction on March 20, 1996 the City Clerk readvertised for the Planning Commission vacancy. There have been four applications received by the City Clerk, from Michael Brown, Mike Correll, Derek Fridley, and Brian Carter, for the vacancy created by the resignation of Brent Smith in January, 1996. Council interviews and review of these applications are scheduled for a special meeting to be held just prior to this agenda. It is appropriate at this time for Council nomination and appointment to fill this vacancy. At the regular Council meeting of March 20, 1996, Councilmember Malone made a motion to appoint one previous applicant, but the motion died for lack of a second. Therefore it is staff's interpretation of Resolution 95-48, that Councilmember Malone still holds the right to make this nomination to fill the vacancy on the Planning Commission as there were no nominations voted on and Councilmember Malone did not agree to pass the nomination. (Please refer to 2c. of attached copy of Res. 95-48). After approval of a nomination, formal adoption by Resolution is requested. RECOMMENDED ACTION: 1. Nominations by Councilmember Malone; approval of nomination by majority vote of Council; then adoption of Resolution formally making the appointment to fill the unexpired term of Brent Smith on the Planning Commission until June 1997. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Table current applications and direct City Clerk to readvertise. Acct. No. (if NOT budgeted): N/A Acct. No. (if budgeted) Appropriation Requested: N/A Prepared by: Cathy McKay, City Clerk Coordinated with: Candace Horsley, City Manager Attachments: 1. Resolution Approving Appointment to Ukiah Planning Commission 2. Current list of City Commission and Board terms 3. Resolution No. 95-48 Establishing Procedure for Filling Vacancies on City Commissions and Boards_ :'~ ,.~,~ APPROVED: ,~ q~~ ~ Candace Horsley, City I~lanager · 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 THE PLANNING COMMISSION WHEREAS, the existing vacancy on the Planning Commission occured with the resignation of Brent Smith in January 1996; and, WHEREAS, the vacancy was duly advertised until the close of applications on March 13, 1996, with no applications received; and, WHEREAS, the City Council has chosen to reconsider previous Planning Commission qualified applicants who were interviewed and then considered by Council on July 5, 1995; and, NOW, THEREFORE, BE IT RESOLVED that the Ukiah City Council approved the nomination submitted as per procedures outlined in Resolution No. 95-48, and do hereby appoint the following person to the Planning Commission to fill unexpired term of Brent Smith; to fill the unexpired term to June 30, 1997. PASSED AND ADOPTED this roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: of April, 1996, by the following Fred Schneiter, Mayor Cathy McKay, City Clerk TERMS OF CITY OF UKIAH BOARD AND COMMISSION MEMBERS - March 20, 1996 Airport - 3 year term * - Mastin Howard Henley Ken Fowler * Matthew Froneberger Allan Hunter Bob Webb Dorleen McBride Mark Davis* Present Term Expires Last Date to Serve 6/30/97 6/30/00 6/30/98 6/30/01 6/30/98 6/30/01 6/30/98 6/30/98 6/30/98 6/30/01 6/30/96 6/30/96 6/30/96 6/30/99 Planning - 3 year term - Malone Eric Larson Philip Ashiku Cheryl Baker Judy Pruden Vacant 6/30/98 6/30/01 6/30/98 6/30/01 6/30/98 6/30/01 6/30/96 6/30/02 6/30/97 6/30/00 Parks and Recreation - 3 year term * Malone Angela Hooper Allen Carter John W. Meier Susan Johnson Allan Johnson Jeffrey Anderson Carlos Jacinto * 6/30/98 6/30/98 6/30/98 6/30/98 6/30/98 6/30/98 6/30/96 6/30/99 6/30/96 6/30/96 6/30/96 6/30/99 6/30/96 6/30/99 *Two Commissioners May Reside Within City's Sphere of Influence Civil Service Board - 4 year term Albert Beltrami (re-appointed by Council 9/6/95) Gary Bruchler (appointed by employees July, 1991) Dan Saylor (appointed by two other members) City Representative on the Library Advisory Commission Ann Fatch 6/30/92 Cultural Arts Advisory Board - Wattenburqer Currently Inactive Golf Course Committee - 2 year term Allen Carter - Parks and Recreation Allan Johnson - Public Member Perry Ramsey - Mens Golf Club Don Rones, Sr. - Public Member Betty Bassler - Womans Golf Club 6/30/96 6/30/97 6/30/95 6/30/96 6/30/96 6/30/98 6/30/97 6/30/97 6/30/98 6/30/98 Demolition Permit Review Committee - 2 year term Thom Parducci - Design Review Comm Chr. 6/30/95 Clif Shepard - Building Official 6/30/95 M. Guintoli resigned 9/94 - Hist. Soc. 6/30/95 Judy Pruden - Resident 6/30/95 Director of Public Works/City Engineer 6/30/97 6/30/97 6/30/97 6/30/97 RESOLUTION NO. 95- 48 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING PROCEDURE FOR FILLING VACANCIES ON CITY COMMISSIONS AND BOARDS. WHEREAS, 1. Ukiah City Code §1151 provides that members of the Planning Commission shall be appointed in accordance with a procedure established by resolution of the City Council; and 2. The City Council has not adopted a procedure for filling vacancies on the City's boards and commissions, including the Planning Commission; and 3. The City Council has determined that using a uniform procedure will insure fair and consistent treatment of candidates and councilmembers; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts the following procedure for filling vacancies on the City's commissions and boards, including the Planning Commission. PROCEDURE FOR FILLING VACANCIES ON COMMISSIONS AND BOARDS The City Council shall fill vacancies on City boards and commissions, using the following procedure. 1. Applicant pool. The City Council shall develop an available pool of candidates for a vacancy by advertising the vacancy at least once in a newspaper of general circulation in Ukiah not less than thirty (30) days prior to the council meeting at which the vacancy is to be filled. The advertisement shall specify a deadline for submitting applications. All completed applications received prior to the deadline shall be included in the pool of available applicants, provided the applicant: a. meets the minimum qualifications for the position as established in the applicable Ukiah City Code section or resolution, establishing the commission or board; and b. participates in a personal interview, if the City Council conducts personal interviews for the position. Applications included in an available pool may be used as a source of nominations for a period of one (1) year from the application deadline. s:\u\resos95\vacancy.pro May 30, 1995 i 2. Nominations. Each councilmember, including the Mayor, shall have the right to nominate a candidate from the available pool of candidates. a. The right to place a name before the City Council for consideration shall rotate among the councilmembers based on seniority with the most senior councilmember going first. made. b. The Council shall vote on each nomination as it is c. A councilmember's right to make a nomination shall terminate and the right to nominate candidates shall rotate to the next most senior councilmember, when a councilmember's nomination is approved by a majority vote of the councilmembers present or the councilmember agrees to pass the nomination to the next most senior councilmember, whichever occurs first. d. This process for rotating the right to nominate candidates among councilmembers to fill vacancies shall be followed for each separate commission or board. (1) ~.The City Clerk shall maintain a record of the last councilmember to make a nomination for each commission or board. (2) When another vacancy must be filled on that commission or board, the next councilmember in line to make nominations for that commission or board shall make the first nomination to fill the vacancy. PASSED AND ADOPTED this .7 th day of June following roll call vote: , 1995, by the AYES: Counci lmembers Wattenburger, Shoemaker and Mayor Schneiter NOES: Councilmember Malone ABSTAIN: None ABSENT: Councilmember Mastin ATTE~ Ca ~y'/M~c} Clerk s:\u\resos95\vacancy.pro May 30, 1995 2 ITEM NO. 11a DATE: APRIL 17, 1996 AGENDA SUMMARY REPORT SUBJECT: APPROVE BUDGET AMENDMENT AND LOAN FOR THE UKIAH VALLEY CONFERENCE CENTER The Ukiah Valley Conference Center is requesting that the City Council approve a budget amendment substantially revising the budget for the current 1995/96 fiscal year. Due to the overwhelming increase in bookings this year our revenues should increase by approximately 45 %. This figure was derived from the first eight months of invoiced revenue and is a conservative amount. Expenditures would correspondingly increase by approximately 43 95. At budget time last year we were prepared to handle an increase of 15-20% over fiscal year 1994/95. The 45 95 increase this year in bookings has taken the Conference Center and Staff by surprise. In fact, as of February 29, 1996, both revenue and expenses had exceeded the total budget amounts necessitating the budget amendment. The amendment encompasses each line item of the fund except Accounts 291 - General Governmental Charges and 340 - Insurance. Continued on Page 2 RECOMMENDED ACTION: Adopt resolution approving budget amendment and loan for Ukiah Valley Conference Center. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Do not approve budget amendment or loan. 2. Return proposal to Staff for modifications. Appropriation Requested: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Bruce Jenney, Conference Center Manager Bruce Jenney, Conference Center Manager Michael F. Harris, Assistant to the City Manager, Gordon Elton, Director of Finance, and Candace Horsley, City Manager 1. Resolution for adoption - Pages 1 2. Overview of Revenues and Expenditures 3. Budget Amendment Worksheet APPROVED: R:I\CM:kk ACONFC'rR Candace Horsley, City Manager Approve Budget Amendment and Loan for the Ukiah Valley Conference Center April 17, 1996 Page 2 As stated in our goals for the 1996/97 fiscal year we are diligently working on cost control and reorganization of Conference Center Staff. This will enable us to handle the bookings for the rest of the year and set the tone for next fiscal year. The amendment is summarized on the first page of Attachment No. 2. The budgeted revenue will increase from $130,847 to $234,804, as expenditures increase from $149,577 to $260,230. The current year's budget projects and ending fund deficit of $78,391 which is the cumulative total over the last three years. The new ending fund deficit (reflecting audit changes) is projected to be $98,882. As was noted during the City Council's consideration of the Redevelopment loan, deficits should not be maintained in any fund, but rather addressed through loans or transfers. Transfers are direct infusions of monies; loans formalize a debt to be repaid. The action recommended to the City Council includes a loan from the General Fund to the Conference Center to cover the existing negative balance as well as that identified in the budget amendment. This loan can be executed by Council motion since it is between City functions i.e., General Fund and Conference Center; an outside agency is not involved. A resolution is proposed since the amendment is complex, including almost all of the line items with the Fund. The amendment and loan are appropriate to maintain the vitality of and service provided by the Conference Center. As in any business enterprise, the initial years are characterised by high expense to establish the product and programs which develop a clientele for long-term sustainability. It is significant what the Conference Center has done in only its first full year of operation projected 79% growth in budgeted revenues. As word of mouth and more marketing spreads the word of the quality of service, as greater control of specific costs are gained in the operation, and as additional methods to increase net revenues are implemented, positive financial figures will result. Staff recommends adoption of the resolution. R:I\CM:kk ACONFC'I'R RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING BUDGET AMENDMENT AND LOAN FOR UKIAH VALLEY CONFERENCE CENTER WHEREAS, due to the overwhelming increase in bookings and activities, the revenues and expenditures of the Ukiah Valley Conference Center have significantly surpassed the figures adopted by the City Council for the 1995-96 budget; and WHEREAS, the City Council desires to maintain specific and responsible control over the financial transactions of its operations through current calculations and updated projections of actual revenues and expenditures; and WHEREAS, budget amendments verify the City Council' s authority for expenditure and revenue changes throughout the year; and WHEREAS, loans from the General Fund to operating functions specify the contribution to the particular activity and document the necessity for repayment when fund balances are positive. NOW, THEREFORE, BE IT RESOLVED by the Ukiah City Council that the Budget Amendment to the Ukiah Valley Conference Center (Fund 410) increasing 1995-96 Revenues from $149,577 to $260,230 and Expenditures from $130,847 to $234,804, more precisely described in the attached Exhibit A, is approved, and a loan of $98,882 at an interest rate of six percent (6%) compounded annually, from the General Fund (Fund 100) to the Ukiah Valley Conference Center (Fund 410) is approved. PASSED AND ADOPTED this 17th day of April, 1996 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN' ATTEST: Fred Schneiter, Mayor Cathy McKay, City Clerk mfh: resord o~ © g_9.o r-- > Zu- 0 (J § .,...:, 0 0 0 0 o 0 o CITY OF UKIAH ATTACHMENT NO. 2 UKIAH VALLEY CONFERENCE CENTER/PLAZA FISCAL YEAR 1995/96 SUMMARY OF BUDGET AMENDMENT ACCOUNT NAME REVENUES Lease Rentals Conference/Meeting Catering/Kitchen Fees Miscellaneous TOTAL REVENUE EXPENDITURES Salaries and Benefits Operations and Maintenance TOTAL EXPENDITURES Net Income (Loss) Beginning Fund Balance (Defici0 Ending Fund Balance (Defici0 [Before Loan from General fund] *Revised Per Fiscal Year 1994/95 Audit CITY COUNCIL APPROVED $32,189 $66,137 $25,975 6,546 $130,847 $78,955 $70,622 $149,577 <$18,730> CITY COUNCIL PROPOSED $37,698 $96,067 $83,253 $ 17~786 $234,804 $104,536 $155,694 $260,230 <$59,661 > < $25,426 > < $73,456 > * < $78,391 > < $98,882 > R:I\CM:kk ACONFCTR 0 0 r- r' O0 0 ~ __~ Eo 0 a~ 8 8 EXHIBIT "A" UKIAH VALLEY CONFERENCE CENTER OPERATIONAL STAFFING REQUIREMENTS A. Actual Hours Worked: 1. Daily Duties: Building Maintenance_ Clean restrooms, shops, offices, & hallways Vacuum offices Windows; Front & Church Street Buff; lobby & hallways Buff Micro Enterprise Shops 2. Daily Duties: Meeting Room Operations Room set up, tear down, & clean Catering Service; set up, bus, & clean Kitchen clean up Misc. meeting support . SubTotal Daily Duties: Event Coordinator / Receptionist / Host Basic Hours: Monday- Friday 7:30a- 5:00p Additional hours required for evening and weekend events. SubTotal 4. Manager's: (See note) 24 hours per week 3 hours per week 2 hours per week 12 hours Per week 1.25 hours per week 30 hours per week 30 hours per week 20 hours per week 5 hours per week 127.25 hours per week 47.5 hours per week 18 hours per week 65.5 hours per week 40 hOurs per week Total actual hours per week 233 hours per week B. Budget Allotment Custodial 2 persons at 20 per week Receptionist / Host / Event Coordinator 3 persons at 20 per week Custodial / Meeting Support 2 persons working 20 extra hours Conference Center Manager Total Budget Allotment Difference between Actual and Budgeted hours 40 hours per week 60 hours per week 40 hours per week 40 hours per week 180 hours per week 53 unbudgeted hours per week (covered by Manager, see note) NOTE: All above figures are based on Monday through Friday with an additional two (2) hours on Saturday for janitors. Conference Center Manager's hours range from a minimum of 40 per week, to over 99 per week, varying according to clients' requests. dtyhrs UKIAH VALLEY CONFERENCE CENTER SPECIAL SUPPLIES EXPENDITURES Exhibit B Expenditures: 1. Catering 2. Linen 3. Audio Systems 39,000.00 13,000.00 2,000.00 Subtotal 54,000.00 The balance is comprised of miscellaneous expenses such as miscellaneous office supplies, two overhead projectors, computer reservation upgrade and miscellaneous room rental support items. Subtotal 8,504.00 Total Expenditures 62,504.00 CONFERENCE CENTER - FUND #410 Bud,qeted amounts: Beginning fund balance 7/1/95 Revenue budgeted Transfers budgeted Expense Budgeted ending fund balance 6/30/96 $ (59,661) $130,847 $ - $(149,577) $ (78,391) Adjustments made durin.q the fiscal year: Date Approved 7/1/95 Change in beginning fund balance per audit 4/17/96 Increase in revenue 4/17/96 Increase in expenditures 4/17/96 Loan from General Fund Account No. $ (13,795) $103,957 $(110,653) $ 98,882 Revised ending fund balance 6/30/96 $ RESERVES.XLS 4/11/96 Page 2 Funds 405; 410; 500; 575 RESOLUTION NO. 11a REVISED 4/15~96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING BUDGET AMENDMENT AND LOAN FOR UKIAH VALLEY CONFERENCE CENTER WHEREAS, due to the overwhelming increase in bookings and activities, the revenues and expenditures of the Ukiah Valley Conference Center have significantly surpassed the figures adopted by the City Council for the 1995-96 budget; and WHEREAS, the City Council desires to maintain specific and responsible control over the financial transactions of its operations through current calculations and updated projections of actual revenues and expenditures; and WHEREAS, budget amendments verify the City Council' s authority for expenditure and revenue changes throughout the year; and WHEREAS, loans from the General Fund to operating functions specify the contribution to the particular activity and document the necessity for repayment when fund balances are positive. NOW, THEREFORE, BE IT RESOLVED by the Ukiah City Council that the Budget Amendment to the Ukiah Valley Conference Center (Fund 410) increasing 1995-96 Expenditures from $149,577 to $260,230 and Revenues from $130,847 to $234,804, more precisely described in the attached Exhibit A, is approved, and a loan of $98,882 at an interest rate of six percent (6%) compounded annually, from the General Fund (Fund 100) to the Ukiah Valley Conference Center (Fund 410) is approved. PASSED AND ADOPTED this 17th day of April, 1996 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Fred Schneiter, Mayor ATTEST: Cathy McKay, City Clerk ITEM NO. 11b DATE: April 17, 1996 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION OF PROPOSED LAND PURCHASE BY MENDOCINO SOLID WASTE MANAGEMENT AUTHORITY (MSWMA) FOR PURPOSES OF COUNTY-WIDE TRANSFER STATION It is anticipated that MSWMA will approve the purchase of the proposed property on Lake Mendocino Drive for the purposes of the County-Wide Transfer Station at their May 1, 1996 meeting. Vice-Mayor Shoemaker has asked that this item be agendized to update the Council on the status of the MSWMA project and to allow for Council discussion. Mike Sweeney, Director of MSWMA, will also be available to offer supporting documents and plans regarding this MSWMA project. RECOMMENDED ACTION: City Council receive report regarding MSWMA land purchase. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Acct. No. (if NOT budgeted): N/A Acct. No.: N/A Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: Richard Shoemaker, Vice-Mayor Prepared by: Candace Horsley, City Manager Coordinated with: Attachments: 1. None APPROVED:L (~ ' .~~. ~ ~,~~iC i;,_~anage r Candace Horsley, R:4/Can:ASRMSWMA 04/02/1994 MSWMA ,, Fax Transmittal . . .. '. "' 'To: ..candace H0r'siey'.'".. .. ..... '.City Manager . ;...'.... -'" .... """ City. of. LJkiah.". ',' :. · . '~ ."" From: Michael E ,swe'eney -. ". Mendocino .Solid:Waste Management" Authority · ..." P,O.' .B0x.123 ' "....: .... .,..... ". Ukiah, CA .95482.~' · " .·. '" Phonei~',,(707)' 468,.-97,,i'0 ... .. ~'' Fax: ,(707) 468~'3877 .. .. :'.'".'. '.'N~U'~ber.'of:.Pages' ' ding'.*'(~'vershoo't: ,~ ".." " . , ... Dear. Cand.acei . ..i/:.' .. :.......: .. · .. . . . . . . .. Here b~reS0me'backgr0~nd h0tes: .. . · ..' .. . . · .. "!The. I~le'nd0'(~'i'n0 'SOiid'Waste Management Authority . , , has completed its 'sit'e'sel~Ct'i'on PrOceSS for a transfer station to replace the'Ukiah landfill. On ' PAGE 01 Apr. il 2, the' MSWMABoar;d C.'.~rtified the EIR for the site at 3401 N. Staie'St'reet.': ,,,,' , ,,,The next step 'for iMSWMA is purchase of the 9.3 acre site, which will cost. '$550',000':" ,, "" . , · , '... Several" finanCing .0Pti°ns have been investigated by MSW. MA, including , . ce'itificates.0f'lSa~ticipatiO'n' through the California Special Districts finance pool, .. or.banE fin'a'nci"ng:.thr0ugh' a.'.tax, exemPt lease, The annual financing.cost is expected to be around $50,'0001 , . . , . . . , , , . . Page I . .. .. r"th o t POwers agreement, the MSWMA board of directors has ' · the power to PUrchase·iand'and incur debt, which is a liability of MSWM^ aiono .and.not'of'-the. member jari$.diciions. However, the member jurisdictions' have '.obligatiOns· u~'der'the' ji~A a'~"reement to..provide revenue t'0 MSWMA (which'"iS'""" ... curro'ntly'd°ne thr0Ligh"the"Surcharge .on Solid waste disposal); and to 'assume '"'":" Piop0rti0nal"Share;~'ofanY"'~)'utstanding MSWMA debt in the event that.the' ' ""..juriSdictiOn WithdrawS'from MSWMA or MSWMA dissolves,' ' ' "'" '..' .... Therefore, a"land;'pU~hase by MSWMA is a matter Of interest'th its '. mer~ber juri'Sd'iCtion~; 'i~i' re¢0gnition of this fact, the MswMA Board deferred' furthe:r..ac[ion'~.0n"'the' transfer: station until May 1 to allow the member "'. jurisdictions io'.,take uP"t.he issue if they chose, and discuss it With their MSWMA rePresent~t:ive,.:' The m'a:t{er is agendized before' the CountY' Board of ....SuperVisors on April:i6;".:bef0re. the Fort Bragg City Council April'22', and the ,.. , · Willits citY COUnCil 'April;.24.'.:' "... ,' ' "' .. '''" ".':The!Cit~'0i'Okiah':'haS'supported the MSWMA'sititlg.'Process from its .... ..' inception in'1994 bec;~uSe :it .provides an oPportunity for interjurisdicti0nal .~· '"..'. ""cooperatioh t6"m'det th'~ !ne'od'f0r future so'lid waste disposal.' By'directing th:e' ., ,, , "'"largosti'possible quantity'of .solid waste to a single facility, Unit costs .are kept:tO a ... :..minimum.:......,,..~;..., :..:. ;.........::..:..: .... . , . ...... . ".. '.". .... '. uki~,'h:'h:a~ a'.r'es~i3'nsi~ili'ty ~0 ensure that there'is a"solid waste'disposal. , , , · ..'." 'Site' aVailabieto" iis'franchise..waste hauler'and to its Citizens"(f°r'se~f-haui). The MSWMA.transfer stati0n:'pr°ject would fill t'his need and additionally reduce Ukiah's Costs'by increasing the waste flow through the 'facility' and thereby . red'~cing the costs.'6f, ojSeratibn. ' .... : :'" ' "i~×ten~iv~ infOrmation'has pro¥iOU~ly Deen OrovidOd to the Ci~g On. the .: ,. ., .MSWMA'project, This~in;cludes the draft EIR, the final 'EIR, ~and the .tiPping fee 'cO'Si Pr0ject'(letier to Wi'ii'itS ~ity Manager dated March i, 1'996). · .. Page 2 ....... ." :, .. · ITEM NO. 11c DATE: April 17, 1996 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION AUTHORIZING MAYOR TO EXECUTE AGREEMENT FOR CITY MANAGER SERVICES WITH CANDACE HORSLEY The City Council, at their April 3, 1996 Council meeting, offered the position of City Manager to Candace Horsley, which she accepted. The Council then requested that an Agreement for City Management Services with Ms. Horsley be returned to them on the April 17, 1996 Council meeting. An Agreement has been drafted but the City Attorney is on vacation until April 16, 1996, and it is being held for his review before being sent to Council. Upon review of the contract, if Council authorizes the Mayor to execute the Agreement, the attached resolution should be adopted by Council at that time. RECOMMENDED ACTION: City Council authorize Mayor to execute Agreement for City Management Services with Candace Horsley and adopt resolution. ALTERNATIVE COUNCIL POLICY OPTIONS' 1. Adopt resolution approving modified Employment Agreement. Acct. No. (if NOT budgeted): N/A Acct. No.' 100-1201-100 Appropriation Requested: N/A (if budgeted) Citizen Advised' N/A Requested by' Prepared by: Michael Harris, Assistant to the City Manager Coordinated with' Attachments' 1. Resolution APPROVED~ ~ ~ ,~'~~.~ 'c"a~ace Ho~sley, City,Manager R:4/Can:ASREmpl o.. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING MAYOR TO SIGN AGREEMENT WITH CANDACE HORSLEY WHEREAS, Candace Horsley is the appointed City Manager for the City of Ukiah; and WHEREAS, the City Council is satisfied that the terms of the Agreement, attached hereto as Exhibit A, are acceptable to the City Council. NOW, THEREFORE, BE IT RESOLVED, that the Mayor is authorized to sign the Employment Agreement attached to this Resolution as Exhibit A, and the City Council approves and accepts the terms of said Agreement. PASSED AND ADOPTED this 17th day of April, 1996, at a regular meeting of the Ukiah City Council by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Attest: Fred Schneiter, Mayor Cathy McKay, City Clerk PROJECTED COSTS OF ACCOUNTING FOR EMERGENCY SERVICES JPA Calculation of accounting costs New employee setup Bi-weekly payroll preparation Quarterly reports Annual reports (W-2s, etc.) Leave processing Benefit reporting Benefit advising Travel advance preparation Disbursement processing Cash receipt processing Interest income allocation Monthly financial reports Bank fees Disbursement review & reporting Financial statement review Budgeting Audit preparation Staff supervision Check signing & distribution Postage for checks Audit cost Forms, copying, supplies Minutes Estimated Cost Total minutes Cost of minutes (salary) Cost of minutes (benefits @45%) Other costs Total Costs Cost inflation factor Rounded total 2300.31311 $ 695.47 $ 312.96 $ 285.89 $ 1,294.32 5.00% $ 1,400.00 MESABUD.XLS Page 1 Accounting Cost llc EXHIBIT A EMPLOYMENT AGREEMENT This Agreement is made and entered in Ukiah, California on April 17, 1996, by and between the City of Ukiah, a General Law Municipal Corporation, hereinafter referred to as "City," and Candace Horsley hereinafter referred to as "HORSLEY". le SERVICES: City hereby agrees to employ HORSLEY as City Manager, effective April 17, 1996, to perform the duties and responsibilities of City Manager, as established by the Ukiah City Code and State law, to the satisfaction of the Ukiah City Council (hereafter "The Council"). Such Services shall include but not be limited to, the following: A. To perform all functions and duties of City Manager, as set forth in the Uldah City Code and State law. El To perform such services on an exclusive full-time service basis for the City, and to be available as needed to properly perform such services, including attendance at all regular or special City Council meetings and other meetings as needed for the conduct of City Business. Ce To direct and manage the staff of City; to assist and advise the City Council and to perform other specific duties as assigned from time to time by the Council. . TERMS: The term of this Agreement is two years from April 17, 1996, and may be terminated by either party as provided in paragraph 6. 1 COMPENSATION: HORSLEY shall receive compensation for all service rendered and hours worked pursuant to this Agreement. The salary and/or other benefits may be increased by the City as it determines appropriate, in view of the annual performance evaluation to be conducted by the City on or before the anniversary date of this Agreement. City, in and for consideration of the covenants, conditions, agreements, and stipulations of HORSLEY set forth herein, hereby agrees to provide, as total compensation to HORSLEY, the following: A. ANNUAL SALARY: During the term of this Agreement, City agrees to pay HORSLEY an annual salary which is 15% above E step of the top Director salary range, as compensation for the rendition of the services described in paragraph 1, and such salary thereafter as the Council from time to time, may determine. S. CAR ALLOWANCE: City shall provide HORSLEY with a monthly car allowance of $100 in lieu of providing and maintaining a City vehicle for her exclusive use in the Ukiah area during the term of this Agreement. Any trips outside of the Ukiah area will be reimbursed at the City mileage rate. Page 1 of 3 . 1 . 1 . . 10. Ce OTHER: All benefits, compensation and other provisions that are approved by the City for the Director Unit through the 1995/96 MOU shall continue in effect for HORSLEY unless otherwise amended by the City. BONDING: City shall bear the full cost of any fidelity or other bonds required of HORSLEY under any law or ordinance. STANDARDS OF PERFORMANCE: The City Council shall conduct an annual formal review and evaluation of HORSLEY'S performance. Informal reviews may be conducted on a semi-annual basis. RESIGNATION, TERMINATION AND SEVERANCE: City Council shall appoint the City Manager for an indefinite term and may remove her by a majority vote of its members upon ninety (90) days notice or, in the event by a majority vote of its members the Council peremptorily discharges her without such notice, she shall be entitled to an immediate cash payment equaling three (3) months salary and benefits. Severance payment shall be computed from and shall be payable on the last day of service. The last day of service shall be as determined by the City Council. In the event HORSLEY voluntarily resigns her position, HORSLEY agrees to give the Council at least, sixty (60) days notice, in writing, of her intention to resign. If the City Council determines to terminate Horsley without cause during the term of this Agreement or any renewal thereof, she shall have the right to assume her former position as Assistant City Manager or another equivalent position; provided, such a position exists and Horsley can fill it without causing the lay-off of another City employee. HORSLEY agrees to serve at the sole pleasure and discretion of the Council which may terminate her services pursuant to this paragraph without cause or explanation as to the reasons therefor. City may terminate this Agreement in accordance with the Ukiah City Code and no other procedures shall apply to such termination either expressly or by implication. INDEMNIFICATION: City shall defend, save harmless and indemnify HORSLEY against any tort, professional liability claim or demand or other legal action, to the extent permitted by State law. WAIVER OF MODIFICATION: No waiver, alteration, or modification of any of the provisions of this Contract shall be binding unless in writing and signed by a duly authorized representative of both parties to this Contract. GOVERNING LAW: This Contract shall be governed by the laws of the State of California. PREVIOUS AGREEMENT: Any and all existing statements or agreements, whether oral or written, or renewals thereof, between the parties hereto, covering the same subject matter, are hereby canceled and superseded by this Contract and such prior Agreement shall have no further force or effect. Page 2 of 3 11. 12. PARAGRAPH HEADINGS: The paragraph headings contained herein are for convenience and reference only and are not intended to define or limit the scope of this Contract. NOTICE: Whenever notice to a party is required by this Contract, it shall be deemed given when deposited with proper address and postage in the U.S. Mail or when personally delivered as follows: CITY: CITY OF UKIAH Civic Center 300 Seminary Avenue UkJah, CA 95482 CONTRACTOR: CANDACE HORSLEY Civic Center 300 Seminary Avenue UkJah, CA 95482 13. DUPLICATE ORIGINALS: This Contract may be executed in one or more duplicate originals beadng the original signature of both parties and when so executed any such duplicate original shall be admissible as proof of the existence and terms of the Contract between the parties. 14. FORUM SELECTION: HORSLEY and City stipulate and agree that any litigation relating to the enforcement or interpretation of this Contract, arising out of HORSLEY'S performance or relating in any way to the work shall be brought in Mendocino County and that venue will lie in Mendocino County. IN WITNESS WHEREOF, City of Uidah and Candace Horsley have executed this Contract on the day and year first written above. CITY OF UKIAH CONTRACTOR By: Fred Schneiter, Mayor Candace Horsley, City Manager ATTEST: Cathy McKay, City Clerk 4.'Can~at Page 3 of 3 EXHIBIT A EMPLOYMENT AGREEMENT This Agreement is made and entered in Ukiah, California on April 17, 1996, by and between the City of Ukiah, a General Law Municipal Corporation, hereinafter referred to as "City," and Candace Horsley hereinafter referred to as "HORSLEY". , . . SERVICES: City hereby agrees to employ HORSLEY as City Manager, effective April 17, 1996, to perform the duties and responsibilities of City Manager, as established by the Ukiah City Code and State law, to the satisfaction of the Ukiah City Council (hereafter 'q'he Council"). Such Services shall include but not be limited to, the following: A. To perform all functions and duties of City Manager, as set forth in the Ukiah City Code and State law. a. To perform such services on an exclusive full-time service basis for the City, and to be available as needed to properly perform such services, including attendance at all regular or special City Council meetings and other meetings as needed for the conduct of City Business. C. To direct and manage the staff of City; to assist and advise the City Council and to perform other specific duties as assigned from time to time by the Council. TERMS: The term of this Agreement is two years from April 17, 1996, and may be terminated by either party as provided in paragraph 6. COMPENSATION: HORSLEY shall receive compensation for all service rendered and hours worked pursuant to this Agreement. The salary and/or other benefits may be increased by the City as it determines appropriate, in view of the annual performance evaluation to be conducted by the City on or before the anniversary date of this Agreement. City, in and for consideration of the covenants, conditions, agreements, and stipulations of HORSLEY set forth herein, hereby agrees to provide, as total compensation to HORSLEY, the following' A, ANNUAL SALARY: During the term of this Agreement, City agrees to pay HORSLEY an annual salary which is 15% above E step of the top Director salary range, as compensation for the rendition of the services described in paragraph 1, and such salary thereafter as the Council from time to time, may determine. a. CAR ALLOWANCE: City shall provide HORSLEY with a monthly car allowance of $100 in lieu of providing and maintaining a City vehicle for her exclusive use in the Ukiah area during the term of this Agreement. Any trips outside of the Ukiah area will be reimbursed at the City mileage rate. Page 1 of 3 , . . . . . 10. C. OTHER: All benefits, compensation and other provisions that are approved by the City for the Director Unit through the 1995/96 MOU shall continue in effect for HORSLEY unless otherwise amended by the City. BONDING: City shall bear the full cost of any fidelity or other bonds required of HORSLEY under any law or ordinance. STANDARDS OF PERFORMANCE: The City Council shall conduct an annual formal review and evaluation of HORSLEY'S performance. Informal reviews may be conducted on a semi-annual basis. RESIGNATION, TERMINATION AND SEVERANCE: City Council shall appoint the City Manager for an indefinite term and may remove her by a majority vote of its members upon ninety (90) days notice or, in the event by a majority vote of its members the Council peremptorily discharges her without such notice, she shall be entitled to an immediate cash payment equaling three (3) months salary and benefits. Severance payment shall be computed from and shall be payable on the last day of service. The last day of service shall be as determined by the City Council. In the event HORSLEY voluntarily resigns her position, HORSLEY agrees to give the Council at least, sixty (60) days notice, in writing, of her intention to resign. If the City Council determines to terminate Horsley without cause during the term of this Agreement or any renewal thereof, she shall have the right to assume her former position as Assistant City Manager or another equivalent position; provided, such a position exists and Horsley can fill it without causing the lay-off of another City employee. HORSLEY agrees to serve at the sole pleasure and discretion of the Council which may terminate her services pursuant to this paragraph without cause or explanation as to the reasons therefor. City may terminate this Agreement in accordance with the Ukiah City Code and no other procedures shall apply to such termination either expressly or by implication. INDEMNIFICATION: City shall defend, save harmless and indemnify HORSLEY against any tort, professional liability claim or demand or other legal action, to the extent permitted by State law. WAIVER OF MODIFICATION: No waiver, alteration, or modification of any of the provisions of this Contract shall be binding unless in writing and signed by a duly authorized representative of both parties to this Contract. GOVERNING LAW: This Contract shall be governed by the laws of the State of California. PREVIOUS AGREEMENT: Any and all existing statements or agreements, whether oral or written, or renewals thereof, between the parties hereto, covering the same subject matter, are hereby canceled and superseded by this Contract and such prior Agreement shall have no further force or effect. Page 2 of 3 11. PARAGRAPH HEADINGS: The paragraph headings contained herein are for convenience and reference only and are not intended to define or limit the scope of this Contract. 12. NOTICE: Whenever notice to a party is required by this Contract, it shall be deemed given when deposited with proper address and postage in the U.S. Mail or when personally delivered as follows: CITY: CITY OF UKIAH Civic Center 300 Seminary Avenue Ukiah, CA 95482 CONTRACTOR: CANDACE HORSLEY Civic Center 300 Seminary Avenue Ukiah, CA 95482 13. DUPLICATE ORIGINALS: This Contract may be executed in one or more duplicate originals beadng the original signature of both parties and when so executed any such duplicate original shall be admissible as proof of the existence and terms of the Contract between the parties. 14. FORUM SELECTION: HORSLEY and City stipulate and agree that any litigation relating to the enforcement or interpretation of this Contract, arising out of HORSLEY'S performance or relating in any way to the work shall be brought in Mendocino County and that venue will lie in Mendocino County. IN WITNESS WHEREOF, City of Ukiah and Candace Horsley have executed this Contract on the day and year first written above. CITY OF UKIAH CONTRACTOR By: Fred Schneiter, Mayor Candace Horsley, City Manager ATTEST: Cathy McKay, City Clerk 4:Can:Aomt Page 3 of 3 AGENDA SUMMARY ITEM NO. 1 iD DATE: April 17, 1996 REPORT SUBJECT: REVIEW AND APPROVAL OF STAFF RESTRUCTURING PROPOSAL AND BUDGET AMENDMENT DUE TO VACANCY IN ASSISTANT CITY MANAGER POSITION At the Council's last meeting, Candace Horsley accepted the position of City Manager of the City of Ukiah. At this time, her former duties as Assistant City Manager, Community Services Director, Personnel Director, and Risk Manager need' to be reassigned. Therefore, we have proposed a restructuring plan for the Council's review and consideration. (Continued on next page) RECOMMENDED ACTION: 1. Approve Restructuring Proposal, dated April 9, 1996. 2. Approve associated job descriptions and respective salary ranges, as follows: a. Assistant City Manager Range 555 b. Asst. Redev./Comm. Svc. Dir. Range 575 c. Community Services Supervisor Range 745 d. Personnel Officer Range 690 e. Compliance Officer Range 750 f. Deputy Public Works Director Range 597 3. Authorize budget amendments necessary to implement the restructuring proposal. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Do Not Approve Restructuring Proposal. 2. Amend Restructuring Proposal. 3. Remand to Staff for additional information. Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Kari Revheim, Acting Personnel Officer Coordinated with: Candace Horsley, City Manager Michael Harris, Assistant to the City Manager Gordon Elton, Finance Director Attachments: 1. Restructuring Proposal, dated April 9, 1996. 2. Salary Range Proposal, dated April 9, 1996. 3. Current Salary Schedules - Misc., Management, and Dept. Head Units. 4. Proposed Job Descriptions. a. Assistant City Manager b. Assistant Redevelopment/Community Services Director c. Community Services Supervisor d. Personnel Officer e. Compliance Officer f. Deputy~blic Works Director Ca'dace ~6rsle~, ~ty Manager (Continued) Due to the fact that Candace had such a wide variety of responsibilities and duties, the restructuring proposal will affect several employees. As proposed, the majority of the duties will be reassigned to existing employees through reclassifications. One additional position has been proposed to accommodate not only duties left by the City Manager appointment, but also additional needs in the City. The restructuring proposal has addressed the redistribution of duties, such as assisting the City Manager with complex administrative duties, overseeing the Community Services Department, overseeing the Personnel Department, and performing all risk management and insurance-related activities. In addition, we have addressed other concerns, such as providing increased supervision of the golf and park divisions, ensuring compliance with the various Federal and State regulations which are becoming increasingly more difficult for various departments to address, and providing an additional high-level engineer for the Public Works Department. The attached restructuring proposal, dated April 9, 1996, outlines the existing and proposed positions and the respective salary ranges. We feel that this proposal addresses the necessary redistribution of duties and responsibilities with the least amount of impact to the associated budgets. The restructuring proposal will result in an overall monthly salary (excluding benefits) savings of $1,615 based on current salary steps. The budgetary distributions for the various departments will be provided at the meeting. Assistant City Manager/Risk Manager The City's designated "Risk Manager" administers all liability claims and ensures that insurance requirements are complied with in all departments. In addition, assistance to the City Manager with various complex administrative duties is necessary. To address these areas, the restructuring proposal includes the reclassification of the current Assistant to the City Manager position to the position of Assistant City Manager. In addition to the current duties of Budget Officer, Grant/Contract Administrator, and assistance in the coordination of the Council agenda packets, the duties of the current Assistant to the City Manager position would be expanded to include all risk management duties, administration of liability claims, and an increased level of assistance to the City Manager. Mike Harris has been performing many of these additional duties over the past several months. No salary increase is proposed for this reclassification as the existing position is currently included within a department head salary range. The proposed job description for the position of Assistant City Manager is attached for your review. -2- Community Services it is very important that the Community Services Department has direction and oversight on the day-to-day operations, particularly in the golf and park maintenance divisions. In addition, responsibility for the planning and promotion of special events needs to be delegated to an existing staff member. Performing staff assistance to various committees and the Park and Recreation Commission is also a duty that requires reassignment. As proposed, the Community Services Department would be restructured by reclassifying the Community Services Coordinator to the position of Community Services Supervisor. Tammi Weselsky has been serving in an acting capacity for the past several months performing the duties as outlined in the attached job description. In addition to all previous duties, the responsibilities include supervising all sports and Youth Service Ukiah employees, planning and promoting special events such as the Pumpkinfest and Concerts in the Park, and providing staff assistance to a variety of committees and the Park and Recreation Commission. Also, the Community Services Supervisor would be responsible for extensive community contact including answering a variety of questions and dealing with community concerns. Ail of the current supervision duties related to the recreation programs would continue to be performed by the Community Services Supervisor. We are proposing Salary Range No. 745 ($2,471 - $3,004) for this position. This would equate to a monthly salary increase of approximately $330. There would be no department change to the existing budget distribution for the salary of this position. In an effort to provide oversight to the entire Community Services Department, we are proposing to reclassify the Assistant Redevelopment Director position to the position of Assistant Redevelopment/Community Services Director. In addition to overseeing all redevelopment capital projects, this position would be responsible for overseeing all Community Services Department functions, particularly the golf and park maintenance activities which are areas where increased supervision is currently necessary. Larry DeKnoblough has been assisting in the direction of the Community Services Department for the past several months and has been doing an excellent job of improving relations with the golfing community, as well as daily interaction with the staff to increase productivity. The Assistant Redevelopment/Community Services Director would be responsible for supervising all Community Services and Conference Center staff, in addition to supervising the Civic Center Maintenance Custodian. The City Manager will retain direct supervision of the Grace Hudson Museum and its staff at this time. We are proposing Salary Range 575 ($4,050 - $4,923) for this reclassification, which is approximately a $188 monthly salary increase. This position would be funded 70% in the Redevelopment Fund and 30% in the Community Services Fund. The proposed job description is attached for your review. -3- Personnel The Personnel Department requires a staff member who is responsible for recruitment and selection activities, classification and compensation analysis, employee relations, workers compensation, administration of personnel policies and employee benefits, employee discipline, compliance with various Federal and State laws, and a variety of personnel-related activities and programs. The restructuring proposal includes the reclassification of the Personnel Assistant/Administrative Secretary to the position of Personnel Officer. Kari Revheim has been serving as the Acting Personnel Officer since last September. In addition to performing all personnel recruitment activities, the duties and responsibilities would be greatly increased to include those outlined above which involve program implementation and administration and a variety of sensitive personnel-related activities. The proposed job description is attached for your review and consideration. The proposed Personnel Officer position would be in the Management Unit and the City Manager's proposed salary range is Range 690 ($2,852 - $3,467), which is approximately a $612 monthly salary increase. This position would be funded entirely in the Personnel Department budget. PDblic Works Department Due to an increased number of requirements and significant projects which are impacting the Public Works Department, the Director of Public Works has defined the need for a high-level engineer position to assist in the day-to-day operations. In addition, the vacancy of the Assistant City Manager position has eliminated the staff person who was responsible for the City's safety training and compliance requirements imposed by Federal and State law. For example, we are required under SB 198 to have a designated "Safety Officer." The City is also required to comply with all aspects of the Americans with Disabilities Act (ADA), which includes all City facilities and programs. In an attempt to address the Public Works issues described above, we are proposing to replace the Public Works Administrator position with a Deputy Public Works Director position. This would provide the Public Works Department with necessary high-level engineering and public works project expertise. Requirements for this position would include certification as a Registered Civil Engineer. The proposed job description is attached for your review and consideration. If approved by the Council, we would commence a recruitment for this position immediately. We are proposing Salary Range 597 ($3,700 - $4,497) for this position, which would result in a monthly salary increase of $155 over the current Public Works Administrator position. This salary would continue to be budgeted entirely to the Public Works Department. -4- To address the compliance concerns as discussed above, we are proposing to reclassify the current Public Works Administrator (Sue Goodrick) to the position of Compliance Officer. This position would be responsible for ensuring City compliance with Federal- and State-mandated programs and requirements, of which compliance is becoming increasingly challenging to the various departments. This position would be the designated "Safety Officer" and the "ADA Coordinator," provide City-wide training, oversee programs and regulations concerning solid waste recycling (AB 939), perform public relations activities, investigate and respond to a variety of citizen inquiries, serve as the liaison to various committees and citizen groups, perform administrative support tasks, assist with budget preparation and special projects, research and prepare statistical reports, and perform other administrative duties. The job description is attached for your review and consideration. The monthly salary range proposed for the Compliance Officer position is Range 750 ($2,374 - $2,885). As the Public Works Administrator is currently in a higher salary range, she would receive the top step of the proposed salary range. This would mean an increased monthly salary of $2,885 to the budgeted funding, which would be charged to the Administration/City Manager budget. Recomendation For the Council's review and consideration, we have attached the applicable salary schedules and the proposed salary ranges. Staff recommends approval of the Restructuring Proposal, dated April 9, 1996, and the associated job descriptions and salary ranges. 3: PER\ASR. RES -5- RES~UC~ING PROPOSAL APRIL 9, 1996 Asst. City Manager/ Dir. of Comm. Svcs. Range 510E ($5,785) Asst. to the City M~r. Range 555E ($5,117) Personnel Assistant/ Admin. Secretary Range 332E ($2,383) N/A Public Works Admin. Range 655D ($3,545) Asst. Redev. Director Range 585C ($4,278) Comm. Serv. Coord. Range 785D ($2,395) N/A Asst. City Manager Range 555E ($5,117) Personnel Officer Range 690B ($2,995) Compliance Officer Range 750E ($2,885) Dep. Public Works Dir. Range 597A ($3,700) Asst. Redev./Comm. Services Director Range 575C ($4,466) Comm. Serv. Supervisor Range 745C ($2,725) < $5,785 > - 0 - + $ 612 + $2,885 + $ z55 + $ z88 + $ 330 APPROXIMATE MO1FI~ILY SALARY COST: (EXCLUDING BENEFIT COSTS) < $1,615 > PROPOSED SAT.~I~Y I~_~%I~IGES RES~I~UC'~'URING APRIT. 9, 1996 Asst. Redev./Comm. Services Director Community Services Supervisor Personnel Officer Compliance Officer Deputy Public Works Director 575 745 690 750 597 $4,050 $2,471 $2,852 $2,374 $3,700 - $4,923 - $3,004 - $3,467 - $2,885 - $4,497 3: PER\REST. SAL RANGE MISCELLANEOUS EMPLOYEES POSITION 15 Solid Waste Maint. Aide 20 Typist Clerk 21 Museum Assistant 22 Unassigned 23 Unassigned 24 General Services Attendant 25 Unassigned 26 Customer Service Rep. I 27 Unassigned 28 128 228 328 Police Records Clerk Customer Service Rep. II Community Service Code Officer Maintenance Custodian 29 Wastewater Operator-in-Training 30 130 230 330 Purchasing Assistant Administrative Secretary Accounts Payable Specialist Customer Service Rep. III 31 Landfill Maintenance Attendant 131 Disposal Site Attendant 231 Park Maintenance Attendant 331 Public Works Maint. I 32 132 232 332 Meter Reader Parking Enforcement Officer Water Sewer Attendant I (1) Personnel Asst./Admin. Sec. 33 Street Sweeper Operator 34 Museum Curator 35 135 235 335 36 136 236 Heavy Equipment Operator Water & Sewer Attendant II (1) Airport Assistant Public Works Maint. II Unassigned Treatment Plant Operator (1) Water & Sewer Service Attendant (1) 37 Water & Sewer Leadworker (1) 137 Golf Maintenance Leadworker 38 Equipment Mechanic 138 Utility Service Attendant 39 139 239 339 STEP: Engineering Technician I Water/Sewer Maintenance Supervisor (1) Landfill Supervisor Water Treatment Plant Operator/Mechanic 40 Senior Treatment Plant Operator (1) 41 Unassigned 42 Unassigned 43 Engineering Technician II 44 Water Treatment Plant Supervisor 144 Senior Wastewater Treatment Plant Operator 45 Unassigned 46 Unassigned 47 Unassigned 48 Unassigned 49 Unassigned 50 Engineer in Training 51 Unassigned 52 Unassigned 53 Unassigned 54 Unassigned 55 Unassigned 56 Senior Civil Engineer ATTtl C H E MONTHLY SALARY RANGE AS OF 1/1/96 1.00% Increase A B C D E 1 241.31 1 303.38 1,368.55 1,436.99 1,508.83 457.75 .494.20 .531.56 ,569.85 .609.09 ,649.32 1 530.64 1 568.91 1,608.13 1.648.33 1.689.55 1.731.79 1.775.09 1 607.16 1,687.52 1,771.90 1,729.73 1,816.22 1,772.97 1,861.62 1 647.36 1 688.54 1 730.75 1 774.03 1 818.39 1,863.84 1.910.43 1.958.18 1.958.18 1.958.18 1.958.18 1,817.30 1,908.16 1,862.73 1,955.86 1,909.30 2,004.77 1.690.55 1,957.02 2,054.87 1 732.81 1,819.46 2,005.95 2,106.24 776.13 1,864.93 776.13 1,864.93 776.13 1,864.93 776.13 1 864.93 2,056.10 2,158.90 2,056.10 2,158.90 2,056.10 2,158.90 2,056.10 2,158.90 1,820.54 1,911.57 2,007.15 2,107.51 2,212.88 1,866.05 1,959.36 2,057.33 2,160.20 2,268.21 1,866.05 1,959.36 2,057.33 2,160.20 2,268.21 1,866.05 1,959.36 2,057.33 2,160.20 2,268.21 1,866.05 1,959.36 2,057.33 2,160.20 2,268.21 1,912.70 2,008.33 2,108.74 2,214.18 2,324.89 1,912.70 2,008.33 2,108.74 2,214.18 2,324.89 1,912.70 2,008.33 2,108.74 2,214.18 2,324.89 1,912.70 2,008.33 2,108.74 2,214.18 2,324.89 1,960.52 2,058.54 2,161.47 2,269.54 2,383.02 1,960.52 2,058.54 2,161.47 2,269.54 2,383.02 1,960.52 2,058.54 2,161.47 2,269.54 2,383.02 1,960.52 2,058.54 2,161.47 2,269.54 2,383.02 2,009.54 2,110.02 2,215.53 2,326.31 2,442.63 2,059.77 2,162.77 2,270.91 2,384.46 2,503.68 2,111.27 2,216.83 2,327.68 2,444.05 2,566.25 2,111.27 2,216.83 2,327.68 2,444.05 2,566.25 2,111.27 2,216.83 2,327.68 2,444.05 2,566.25 2,111.27 2,216.83 2,327.68 2,444.05 2,566.25 2,164.05 2,272.24 2,385.86 2,505.15 2,630.40 2,164.05 2,272.24 2,385.86 2,505.15 2,630.40 2~164.05 2,272.24 2,385.86 2,505.15 2,630.40 2,218.15 2,329.06 2,445.51 2,567.78 2,696.17 2,218.15 2,329.06 2,445.51 2,567.78 2,696.17 2,273.60 2,387.27 2,506.63 2,631.96 2,763.56 2,273.60 2,387.27 2,506.63 2,631.96 2,763.56 2,330.43 2,446.95 2,569.30 2,697.76 2,832.65 2,330.43 2,446.95 2,569.30 2,697.76 2,832.65 2,330.43 2,446.95 2,569.30 2,697.76 2,832.65 2,330.43 2,446.95 2,569.30 2,697.76 2,832.65 2,388.69 2,508.12 2,633.52 2,765.20 2,903.47 2,448.40 2,570.83 2,699.37 2,834.35 2,976.06 2,509.61 2,635.08 2,766.83 2,905.17 3,050.42 2,572.35 2,700.97 2,836.01 2,977.81 3,126.71 2,636.66 2,768.50 2,906.92 3,052.26 3,204.88 2,636.66 2,768.50 2,906.92 3,052.26 3,204.88 2,702.58 2,837.71 2,979.60 3,128.58 3,285.01 2,770.14 2,908.65 3,054.08 3,206.79 3,367.12 2,839.39 2,981.37 3,130.43 3,286.95 3,451.31 2,910.37 3,055.88 3,208.68 3,369.11 3,537.58 2,983.14 3,132.29 3,288.90 3,453.34 3,626.01 3,057.72 3,210.60 3,371.13 3,539.67 3,716.67 3,134.16 3,290.87 3,455.42 3,628.20 3,809.61 3,212.51 3,373.14 3,541.79 3,718.88 3,904.84 3,292.81 3,457.46 3,630.33 3,811.84 4,002.44 3,375.13 3,543.89 3,721.09 3,907.14 4,102.51 3,459.51 3,632.48 3,814.10 4,004.80 4,205.03 3,546.00 3,723.30 3,909.46 4,104.93 4,310.18 MISC-MOU.XLS Printed 1/12/96 at 12:09 PM -8- Page 3 MANAGEMENT SALARY 'SCHEDULE 5% between steps No relationship between ranges 1/1/95 Base MONTHLY MANAGEMENT SALARY SCHEDULE - 10/1/95 Rate A Step A ' B C D E 580 Electrical Distribution Engineer 21.5237: 3,898.67 4,093.60 4,298.27 4,513.18 4,738.85 585 Assist. Redevelopment Dir. (Econ De 21.4207~ 3,880.00 41073.99 4,277.69 4,491.59 4,716.17 590 Police Captain 21.4207 3,880.00 4,073.99 4,277.69 4,491.59 4,716.17 595 Fire Deput¥Chief 21.4207 3,880.00 4,073.99 4,277.69 4,491.59 4,716.17 600 Building Official 19.4930 3,530.83 3;707.37 3,892.74 4,087.37 4,291.75 620 Electrical Supervisor 19.0203 3,445.21 3,617.47 3,798.34 3,988.26 4,187.68 630 Public WorksSuperintendent 18.2323 3,302.49 3,467.60 3,640.99 3,823.04 4,014.19 635 Water/Sewer Superintendent 18.2323 3,302.49 3,467.60 3,640.99 3,823.04 4,014.19 640 Senior Planner 18.2323 3,302.49 3,467.60 3,640.99 3,823.04 4,014.19 655 Public WorksAdministrator 16.9050 3,062.05 3,215.16 3,375.93 3,544.72 3,721.95 660 Airport Manager 16.5594 2,999.46 3,149.43 3,306.91 3,472.25 3,645.86 665 Controller 16.5594 2,999.46 3,149.43 3,306.91 3,472.25 3,645.86 670 Executive Assistant 16.5594 2,999.46 3,149.43 3,306.91 3,472.25 3,645.86 675 Golf& Parks Superintendent 16.5594 2,999.46 3,149.43 3,306.91 3,472.25 3,645.86 680 Treatment Plant Supervisor(I) 16.5594 2,999.46 3,149.43 3,306.91 3,472.25 3,645.86 ,690'EquipmentMaintenance Supervisor 15.74'~3 2,852.36 2,994.97 3,144.72 3,301.95 3,467.05 700 Purchasing Warehouse Supervisor 15.5351 2,813.93 2,954.62 3,102.35 3,257147 3,420.35 710 Accounting Supervisor/IntemalAudit 15.2199 2,756.83 2,894.67 3,039.40 3,191.38 3,350.95 720 Not used 15.2199 2,756.83 2,894.67 3,039.40 3,191.38 3,350.95 725 Conference Center/Plaza Manager 15.2199 2,756.83 2,894.67 3,039.40 3,191.38 3,350.95 730 Cultural Arts/Museum Director 15.2199 2,756.83 2,894.67 3,039.40 3,191.38 3,350.95 735 Associate Planner 15.2199 2,756.83 2,894.67 3,039.40 3,191.38 3,350.95 740 Payroll Officer 14.4441 2,616.31 2,747.13 2,884.47 3,028.71 3,180.15 745 MIS Coordinator C.~n~.~vc., _Srt..p_ v, , 13.6446` 2,471.49 2,595.06 2,724.82 2,861.06 3,004.11 747 Customer Service Supervisor CR'~) 13.6446 2,471.49 2,595.06 2,724.82 2,861.06 3,004.11 750 N~-used ~p[~,~¢_~ (Df;Fr~_r.¢/%~e¢~13.104'~ 2,373.66 2,492.34 2,616.95 .2,747.80 2,885.19 770 Park Maintenahce Supervisor ' 12.4317 2,251.79 2,364.39 2,482.60 2,606.73 2,737.05 '~80 Public Safety Office Supervisor 11.8438 2,145.31 2,252.57 2,365.20 2,483.47 2,607.64 785 Community ServiceCoordinator 11.4231 2,069.10 2,172.56 2,281.19 2,395.24 2,515.00 790 Unassigned 11.0255 1,997.08 2,096.93 2,201.78 2,311.87 2,427.46 MGMT-MOU.XLS Page 3 Mgmt FY95-96 LLI 5 ~-~.° · ..J o 'T' JOB DESCRIPTION ASS ISTANT CITY MANAGER DEFINITION; Under general direction of the City Manager, to Plan supervise, and initiate programs of an administrative nature; assist the City Manager on special projects and policy formulation; demonstrate a variety of professional, technical, analytical, and administrative skills in providing staff assistance to the City Manager; and perform other related duties as assigned. EXAMPLES OF DUTIES; (These examples are intended only as illustrations of the various types of work performed. The examples of work performed 'are neither restricted to nor all- encompassing of the duties to be performed under this job title.) (E = Essential Duty; M =Major Portion of Time) - Provides responsible and professional staff assistance to the City Manager on special projects and activities as assigned. (E-M) - Identifies problems, conducts research, analyzes data, and makes recommendations on a variety of administrative, fiscal, and operational issues. (E-M) - Serves as Budget Officer and coordinates with the Finance Director in thc development and administration of the annual budget. (E-M) - Serves as Risk Manager, administers liability claims, performs cost analysis, prepares required reports, and coordinates with various departments to assure compliance with insurance requirements. (E-M) - Serves as the Public Relations Officer and Contract/Grant Administrator. (E) - Assists with the preparation and review of the City Council agenda and staff reports. (E) - Organizes, coordinates, and implements various assigned programs and procedures requiring intradepartmental cooperation. - Prepares and presents staff presentations to the City Council. (E) - Represents the City in the community, at professional meetings, and to other governmental agencies as required. - Develops improved approaches to current management information systems. - Serves as the liaison and provides staff support to various committees, commissions, and citizen groups as assigned. (E) - Acts as the City Manager in his/her absence. (E) - Works flexible hours. (E) - Performs other duties as assigned. QUALIFICATIONS Knowledge of: - Principles, practices, and techniques of organizational administration and budget preparation. - City operations, rules, policies, and methods. - Research techniques and methods of report presentation. - Principals of analysis concepts and computer operation. - Applicable Federal, State, and local laws, regulations, ordinances, and policies. - Risk management and insurance programs. Ability to; - Establish and maintain effective working relationships with those contacted in the course of work. - Communicate and present ideas clearly and concisely, orally and in writing. - Properly interpret and make decisions in accordance with laws, regulations, and policies. - Evaluate extensive data effectively and objectively, and prepare oral and written reports and recommendations clearly, logically, and concisely. - Analyze administrative issues and situations and develop effective resolutions. - Comprehend various aspects of local governmental operations. - Usc and operate computer system which requires manual dexterity. EXPERIENCE/EDUCATION Any combination of education and/or experience equivalent to a Bachelor's Degree in Public or Business Administration or related field and five years of administrative experience. Computer experience preferred. SPECIAL REQUIREMENT Possession of a valid Class C California Driver's License. 31RECRUIT/ASST. CM JOB DESCRIPTION ASS ISTANT REDEVELOPMENT/ COMMUNITY SERVICES DIRECTOR DEFINITION: Under administrative direction, to assist in the planning, directing, supervising, and coordinating of a program of redevelopment and economic development activities, and a program of recreation activities, park and golf facilities, and special events; to provide highly responsible staff assistance to the City Manager, Redevelopment Agency, Design Review Board, and Recreation and Parks Commission, Golf Committee, and Golf Clubs; and to do related work as assigned. EXAMPLES OF DUTIES; (These examples are intended only as illustrations of the various types of work performed. The examples of work performed are neither restricted to nor all- encompassing of the duties to be performed under this job title.) (E-Essential Duty; M-- Major Portion of Time) - Participate in the development and implementation of departmental goals, objectives, policies, and priorities. (E-M) - Plan, supervise, and coordinate a comprehensive program of redevelopment and economic development activities. (E-M) - Identify community redevelopment and economic needs. (E-M) - Provide staff assistance to the City Council, Redevelopment Agency, Golf Committee, Park and Recreation Commission, Golf Clubs, and various commissions and committees as assigned. (E) - Direct the planning, design, and construction of Redevelopment projects. (E-M) - Plan, supervise, and coordinate a comprehensive program of recreation, park, and golf activities. (E-M) - Identify, plan, and implement community recreation and park programs based on community needs and long-range planning. (E-M) - Plan, supervise, and coordinate the design, construction, repair, and maintenance of recreation, park, and golf facilities. (E-M) - Perform detailed analysis and prepare a variety of required reports and statistical tabulations. - Supervise the maintenance staff and activities at the Civic Center. - Work with and respond to citizen concerns and requests for information. (E) - Prepare and administer the Redevelopment and Community Services budgets. (E) - Coordinate activities with other City departments and divisions, community groups, and outside agencies. (E) - Select, supervise, train, and evaluate assigned staff. (E-M) - Serve as the Acting City Manager or Acting Redevelopment Executive Director as assigned. - Work flexible hours. - Perform other duties as assigned. QUALIFICATIONS Knowledge of: - Principles, practices, and techniques of organizational administration, budget, and personnel management. - City and Redevelopment Agency operations, rules, policies, and methods. - Project planning, development, and construction. - Park and Golf Course planning, development, and maintenance. - Concepts, objectives, and requirements of parks and recreation programs. - Principles and procedures used in developing and administering a coordinated redevelopment and economic development program. Ability to: - Establish and maintain effective working relationships with those contacted in the course of work. - Communicate clearly and concisely, orally and in writing. - Properly interpret and make decisions in accordance with laws, regulations, and policies. - Analyze, interpret, and report research findings. - Provide advice regarding the acquisition, design, construction, and maintenance of various facilities. - Supervise, train, and evaluate staff. - Use and operate a computer system which requires manual dexterity. EXPERIENCE/EDUCATION Any combination of education and/or experience equivalent to a Bachelor's Degree in Public or Business Administration or related field, and three years of administrative or supervisory experience. Computer experience preferred. SPECIAL REQUIREMENT Possession of a valid Class C California Driver's License. JOB DESCRIPTION COMMUNITY SERVICES SUPERVISOR DEFINITION Under administrative direction, to supervise recreation program employees; to plan, coordinate, and supervise community services programs, activities, and events; to provide highly responsible staff assistance to the Assistant Director of Community Services and the Parks and Recreation Commission; and to perform related work as assigned. EXAMPLES OF DUTIES These examples are intended only as illustrations of the various types of work performed in positions allocated to this class. The examples of work performed are neither restricted to or all-encompassing of the duties to be performed under this job title. (E) Essential Duty; (M) Major Portion of Time - Supervises, evaluates, and trains recreation program employees. (E,M) - Plans, promotes, implements, supervises, and coordinates comprehensive municipal recreation programs and activities, including sports programs, summer day camp, and municipal pool activities. (E,M) - Proficiently operates computer and software programs in the design, preparation, and distribution of Recreation Division publicity, including the Recreation Brochures, press releases, flyers, and printed schedules. (E,M) - Promotes interest and participation in recreation activities and competitive sports through public relations and information programs. (E) - Assists in analyzing recreation needs of individuals, groups, and neighborhoods. (E) - Schedules the use of City recreational facilities. - Participates in the development and implementation of goals, objectives, policies, and priorities. - Provides staff assistance to the Parks and Recreation Commission. (E) - Responds to citizen inquiries and requests for information. (E,M) - Assists in coordinating recreation activities with other City departments and divisions, and with outside agencies. - Coordinates the State Street banner program. (E) - Actively researches new recreation classes and develops ways to contact and obtain the appropriate teachers. (E,M) - Actively solicits sponsorships and coordinates fundraising events. (E) - Recruits volunteers for recreational programs. (E) - Develops, coordinates, and implements various City and other Community Services programs, activities, and events. (E) - Prepares and administers the Recreation and Sports Division budgets and other budgets as assigned. (E) - Purchases necessary supplies and equipment. (E) - Speaks before community groups. - Works flexible hours. (E) - Performs other duties as assigned. (E) QUALIFICATIONS Knowledge of; - Principles, procedures, and requirements used in developing and administering a coordinated community recreation program adapted to the particular needs of the community, including youth and cultural activities. - Principles of organization, administration, budget, and personnel management. - Principles of supervision, training, and performance evaluations. - Pertinent Federal, State, and local laws, codes, and regulations. - Modern office procedures, methods, and computer equipment. - Business letter writing and basic report preparation. - Recent developments, current literature, and sources of information related to leisure services planning and administration. - Public relations principles and techniques. Ability to: - Communicate clearly and concisely, both orally and in writing. - Establish and maintain cooperative relationships with the general public and those contacted in the course of work. - Properly interpret and make decisions in accordance with laws, regulations, and policies. - Select, supervise, train, and evaluate staff. - Work well in a fast-paced, often hectic environment, and meet established deadlines. - Generate support and enthusiasm of leaders, participants, groups, and agencies in recreation programs. - Direct and implement recreation programs suited to the needs of the community. - Perform responsible and difficult work involving the use of independent judgment and personal initiative. - Coordinate and compile information and statistics into complete, clear, and concise records and reports. Operate and use a computer and appropriate software programs for long periods of time. Work cooperatively with other departments, City officials, and outside agencies to analyze issues, identify alternative solutions, project consequences of proposed actions, and implement recommendations in support of goals. Research analyze, and evaluate new service delivery methods, procedures, and techniques. Type 40 words per minute. Experience and Education: Any combination of education and experience which is equivalent to four years of responsible administrative or supervisory experience, preferably in recreation development and implementation, and educational work in recreation or a related field. Necessary Special Requirement: Possession of a valid Class C California Driver's license. 3: RECRUI'r~RECREATION JOB DESCRIPTION PERSONNEL OFFICER DEFINITION: Under general direction, to coordinate the City's personnel functions, including recruitment and selection, classification and compensation, affirmative action, employee performance rating and training, employee orientation and benefits, and workers compensation; to ensure compliance with applicable Federal and State regulations related to personnel functions; and perform other related duties as assigned. EXAMPLES OF DUTIES: (These examples are intended only as illustrations of the various types of work performed. The examples of work performed are neither restricted to nor all- encompassing of the duties to be performed under this job title.) (E = Essential Duty; M=Major Portion of Time) - Directs and coordinates the administration of the classification and compensation plan, recruitment and selection processes, employee relations and benefits, safety, training, affirmative action, and employee performance rating and orientation programs. (E-M) - Administers City personnel rules, regulations, and policies, and consults with department heads and the City Manager relative to employee relations and personnel issues. (E-M) - Develops and coordinates the implementation of personnel policies, procedures, ordinances, and resolutions. (E-M) - Ensures compliance with various Federal and State regulations as they relate to personnel functions, such as the American with Disabilities Act, Fair Labor Standards Act, Family and Medical Leave Act, California Family Rights Act, and Workers Compensation. (E-M) - Administers various personnel records. - Develops and updates classification descriptions. - Participates in negotiations during Meet and Confer Sessions with employee organizations. - Identifies problems, conducts research, analyzes data, and makes recommendations on a variety of personnel-related issues. (E) - Prepares and presents staff presentations to the City Council. (E) - Administers, coordinates, and researches employee benefit programs. (E-M) - Coordinates and directs the administration of the City's Workers Compensation program. (E-M) - Administers the Department of Transportation Drug and Alcohol Testing Program and ensures compliance with Federal guidelines. (E) - Coordinates with the Payroll Officer to ensure accurate interpretation of personnel policies and procedures as they relate to the payroll function. (E-M) - Responds to a variety of requests for employee recruitment and personnel policy or program information. - Prepares and monitors Personnel Department budget. - Develops, implements, and trains employees on new programs and procedures as required. - Works flexible hours. (E) - Performs other duties as assigned. QUALIFICATIONS Knowledge of: - Principles and practices of public personnel administration, including recruitment and selection, classification and compensation administration, employee relations, training, safety, benefits, affirmative action, and workers compensation. - Applicable Federal, State, and local laws, regulations, ordinances, and policies. - Principles and techniques of administrative analysis and statistics. - Principles and practices of organization, administration, budget, and personnel management. - Modern methods of public and employee relations. Ability to: - Establish and maintain effective working relationships with those contacted in the course of work. - Deal constructively with conflict and develop effective resolutions. - Analyze administrative problems and situations and recommend solutions. - Conduct research and prepare complex reports. - Communicate clearly and concisely, orally and in writing. - Properly interpret and make decisions in accordance with laws, regulations, and policies. - Maintain confidentiality of personnel-related information. - Evaluate and recommend changes to policies, programs, and practices. - Answer questions related to City personnel procedures and policies. - Use and operate computer system which requires manual dexterity and type at a minimum rate of 50 words per minute. - Manage a number of assigned tasks at any given time and meet established deadlines. - Work flexible hours. EXPERIENCE/EDUCATION Any combination of education and/or experience equivalent to a Bachelor's Degree in Public or Business Administration or a related field, and one year of municipal personnel experience. Computer experience preferred. SPECIAL REQUIREMENT Possession of a valid Class C California Driver's License. 3/RECRUIT/PERSONNEL JOB DESCRIPTION COMPLIANCE OFF ICER DEFINITION; Under general direction, to assure City compliance with various Federal and State regulations; direct safety training programs; perform a variety of management and administrative support tasks and assignments, including special projects, data analysis, budget preparation, and City operations; and perform other duties as assigned. EXAMPLES OF DUTIES: (These examples are intended only as illustrations of the various types of work performed. The examples of work performed are neither restricted to nor all- encompassing of the duties to be performed under this job title.) (E = Essential Duty; M =Major Portion of Time) - Assure City compliance with various Federal and State regulations. (E-M) - Serve as the City's Safety Compliance Officer under SB 198. (E-M) - Serve as thc City's American With Disability Act (ADA) Coordinator. (E-M) - Serve as thc City's liaison with Ukiah Solid Waste and oversee compliance with AB 939. (E-M) - Oversee the City's recycling and source reduction programs. (E-M) - Assure compliance with the State of California Biennial Inspection of Terminal (BIT) Program. (E) - Represent the City in the community, at professional meetings, and to other governmental agencies as required. (E) - Serve as the liaison and provide staff support to various committees, commissions, and citizen groups as assigned. (E) - Provide advice to City departments relative to various regulations, policies, and programs. (E) - Perform a variety of public relations duties as required. - Investigate and respond to citizen inquiries. (E-M) - Coordinate safety training for all City departments. (E) - Provide staff support on difficult work assignments and projects using independent judgment and decision making. (E-M) - Prepare professional staff reports of summarized data, conclusions, and recommendations on specific issues. (E-M) - Research and prepare periodic statistical reports and maintain records on the computer system. - Prepare correspondence, memoranda, and reports as directed. - Conduct studies of City operations and programs and recommend systems which will better meet the needs of the public. (E) - Work flexible hours. - Perform other duties as assigned. QUALIFICATIONS Knowledee of: - Applicable Federal and State regulations as they apply to City operations, including the American with Disability Act, SB 198, and AB 939. - Principles, practices, and techniques of organizational administration and budget preparation. - Recycling and source reduction. - Recordkeeping and reporting procedures. - City operations, rules, policies, and methods. - Research techniques and methods of report presentation. - Principals of analysis concepts and computer operation. Ability to: - Establish and maintain effective working relationships with those contacted in the course of work. - Communicate clearly and concisely, orally and in writing. - Properly interpret and make decisions in accordance with laws, regulations, and policies. - Use and design reports to extract data from computers. - Evaluate extensive data effectively and objectively and to prepare oral and written reports and recommendations clearly, logically, and concisely. - Interpret statistical analysis charts and diagrams. - Answer questions related to City procedures and policies. - Set and maintain operational recordkeeping systems. - Organize and supervise various City programs and events. - Sit for extended periods of time. - Use and operate computer system which requires manual dexterity. EXPERIENCE/EDUCATION Any combination of education and/or experience equivalent to a Bachelor's Degree in Public or Business Administration or related field and one year of administrative experience. Computer experience preferred. SPECIAL REQUIREMENT Possession of a valid Class C California Driver's License. PROBATIONARY PERIOD Employees serve a six-month probationary period. If performance is not satisfactory, an employee may be terminated without cause or recourse during this period. DE P~ PIJ-15~T · I C WORKS D I RE CTOR DEFINITIQN Under the administrative direction of the Director of Public Works/City Engineer, to assist in the planning, directing, managing, and coordinating of various Public Works facilities, field service programs, and activities; to provide highly responsible technical and staff assistance; to assist in the planning and designing of municipal construction and capital improvement projects and supervising their inspection; and to do related work as assigned. EXAMPLES OF DUTIES: (These examples are intended only as illustrations of the various types of work performed. The examples of work performed are neither restricted to nor all-encompassing of the duties to be performed under this job title.) (E) Essential Duty; (M) Major Portion of Time - Perform complex professional field and office engineering work in connection with the location, design, construction, and maintenance of Public Works projects. (E-M) - Prepare comprehensive written reports and statistical support data relating to public works projects and work programs. (E,M) - Participate in the development and implementation of goals, objectives, policies, and priorities of the Public Works Department. (E-M) - Assist in the planning, directing, supervising, and coordinating of professional engineering work in traffic engineering projects and the design and construction of streets, sidewalks, drainage structures, park or recreation facilities, and other public works. (E-M) - Supervise and conduct field inspections of municipal contract construction and repair work and provide assistance. (E-M) - Perform detailed analysis and prepare a variety of required governmental reports and statistical tabulations. (E) - Assist in the supervision of engineering staff in the preparation of plans, project specifications, public works inspections, legal descriptions, surveys, and other engineering work. (E-M) - Assist in the supervision of plan checks for adherence to codes and acceptable engineering standards, make various recommendations for improvements. (E) - Assist in the coordination of engineering activities and field service programs with other City departments and divisions and with outside agencies. - Work with developers and private engineering firms to coordinate the construction of new subdivisions and building. (E) - Assist in the supervision of work crews and the overall operations of the Street, Garage, Building Maintenance, and Landfill Divisions. (E-M) - Participate in the preparation and administration of all Public Works departmental budgets. (E) - Assist in the direction of the City's fleet management program, including vehicle replacement and maintenance scheduling. (E) - Represent the City in the community and at professional meetings as required. (E) - Work with the public to answer questions and provide technical information. - Assist in the selection, supervision, training, and evaluation of staff. (E) - Work flexible hours. (E) - Serve as the Director of Public Works/City Engineer in his/her absence. (E) - Perform other duties as assigned. OUALIFICATION$ KnowledQe of: - Engineering principles and practices as applied to municipal public works, including planning and development, design and construction, and operation and maintenance. - Methods of preparing designs, plans, specifications, estimates, reports, and recommendations relating to public works facilities. - Accepted methods of constructing, maintaining, and repairing streets, curbs, and gutters. - Recordkeeping and reporting procedures. - Principles and practices of organization, administration, budget, facility, and personnel management. - Fleet maintenance operations. - Solid waste disposal and landfill management. - Technical, legal, and financial issues involved in the conduct of a municipal public works program. - Applicable Federal and State regulations. Ability to: - Assist in the supervision of a City-wide program of public works activities. - Read and interpret construction plans and specifications. - Perform technical engineering work of a complex nature. - Communicate clearly and concisely, orally and in writing. - Properly interpret and make decisions in accordance with laws, regulations, and policies. - Assist in the supervision, training, and evaluation of staff. - Prepare comprehensive and complex technical reports. - Establish cooperative and effective working relations with subordinates, public groups and organizations, City officials, and other governmental agencies. - Work flexible hours. - Lift 20 pounds. - Traverse uneven or steep ground. - Work in extreme weather conditions. Experience -- Four years of progressively responsible professional work experience in the field of civil engineering, with at least two year experience of public works management in a municipal or county government. Education Equivalent to a Bachelor's Degree from an accredited college or university with major course work in civil engineering. Special Re_guirements Possession of a valid certificate of registration as a Civil Engineer issued by the State Board of Registration for Civil and Professional Engineers is required. Possession of a valid certificate of registration as a Land Surveyor is desirable. Possession of a valid Class C California Driver's License is required. -15- liD M E M O R A N D U M DATE: April 17, 1996 Candace Horsley, City Manager Kari Revheim, Acting Personnel 0ffice~,.~ SUBJECT' RESTRUCTURING PROPOSAL Pursuant to your request, I have reviewed the recommended salary range for the proposed Compliance Officer position which was included in the Council Staff Report. The monthly salary range which was originally proposed was Range 750 ($2,374 - $2,885). After further consideration of the duties and responsibilities of the proposed position and the current level of compensation of the employee who will be reclassified to this position, it is recommended that the proposed salary range be upgraded to Range 745 ($2,471 - $3,004) . I have attached a revised Restructuring Proposal and Proposed Salary Range sheet, dated April 17, 1996, which includes the upgraded salary for the Compliance Officer in the event you wish to present this information to the City Council. 3: PRR\M. CO RES~I~UC~ING PROPOSAT. APRIL 17, 1996 Asst. City Manager/ Dir. of Comm. Svcs. Range 510E ($5,785) Asst. to the City Mgr. Range 555E ($5,117) Personnel Assistant/ Admin. Secretary Range 332E ($2,383) N/A Public Works Admin. Range 655D ($3,545) Asst. Redev. Director Range 585C ($4,278) Comm. Serv. Coord. Range 785D ($2,395) N/A Asst. City Manager Range 555E ($5,117) Personnel Officer Range 690B ($2,995) Compliance Officer Range 745E ($3,004) Dep. Public Works Dir. Range 597A ($3,700) Asst. Redev./Comm. Services Director Range 575C ($4,466) Comm. Serv. Supervisor Range 745C ($2,725) $5,785 > - 0 - + $ 612 + $3, oo4 + $ 155 + $ 188 + $ 330 APPROXIMATE MONTHLY SALARY COST: (EXCLUDING BENEFIT COSTS) < $1,496 > PROPOSED RES~UC~ING APRIT. 17. 1996 Asst. Redev./Comm. Services Director 575 Community Services Supervisor Personnel Officer Compliance Officer Deputy Public Works Director 745 690 745 597 $4,050 $2,471 $2,852 $2,471 $3,700 - $4,923 - $3,004 - $3,467 - $3,004 - $4,497 3: PER\REST. SAL 1 icl April 15, 1996 Candace Horsley, City Manger TO: FROM: Gordon Elton, Finance Director~,~ RE: PERSONNEL COSTS RELATED TO THE PROPOSED REORGANIZATION I have prepared a spreadsheet projecting the costs of the reorganized positions based on the following assumptions: 1. Changes will be effective April 18, 1996, except for the Compliance Officer which will be effective June 1, 1996. 2. The Deputy Public Works Director will start June 1. 3. The Public Works Administrator will remain in the current position until the Deputy Public Works Director starts. 4. The period April 18, 1996 through June 30, 1996 is 5.2 pay periods. 5. None of the subject positions will receive any additional compensation adjustments before June 30, 1996. 6. The personnel cost before reorganization is based on the actual salaries paid for the listed positions, excluding any acting pay they may have been receiving in the interim. 7. The net savings for the stated time period is greater than the pro-rata annual savings would be, due to the time that will elapse before the Deputy Public Works Director position will be filled. (Estimated at 6 weeks). 8. The dates listed in the row descriptions in the spreadsheet do not apply to the calculations performed. 9. The calculated cost savings for the remainder of the fiscal year is $10,808 10. The change by fund and department is as follows: Projected Cost Fund & Dept. Increase (Decrease) 100.1201 (5,633.85) 100.1601 (3,739.53) 100.1905 (3,956.84) 100.1915 216.51 100.3001 (446.40) 100.3110 546.04 100.6001 2,622.93 100.6110 649.54 100.6130 144.34 100.6150 72.17 Total General Fund (9,525.09) 575.5801 992.44 660.3401 (593.88) 695.6120 2,406.42 960.5601 (4,087.65) 962.5603 - Total projected cost decrease . (10,807.76~) City Manager Personnel Secretarial Pool General Govt. Buildings Engineering Administration Street Maintenance Parks Recreation Aquatics Sun House Garage Solid Waste Disposal Golf Redevelopment - Administration Redevelopment- Housing PARKSTAF.XLS 4/17/96 Page I Reorg Memo April 15, 1996 TO: Candace Horsley, City Manger FROM: Gordon Elton, Finance Director RE: PERSONNEL COSTS RELATED TO THE PROPOSED REORGANIZATION I have prepared a spreadsheet projecting the costs of the reorganized positions based on the following assumptions: 1. Changes will be effective April 18, 1996, except for the Compliance Officer which will be effective June 1, 1996. 2. The Deputy Public Works Director will start June 1. 3. The Public Works Administrator will remain in the current position until the Deputy Public Works Director starts. 4. The period April 18, 1996 through June 30, 1996 is 5.2 pay periods. 5. None of the subject positions will receive any additional compensation adjustments before June 30, 1996. 6. The personnel cost before reorganization is based on the actual salaries paid for the listed positions, excluding any acting pay they may have been receiving in the interim. 7. The net savings for the stated time period is greater than the pre-rata annual savings would be, due to the time that will elapse before the Deputy Public Works Director position will be filled. (Estimated at 6 weeks). 8. The dates listed in the few descriptions in the spreadsheet do not apply to the calculations performed. 9. The calculated cost savings for the remainder of the fiscal year is $10,190. 10. The change by fund and department is as follows: Projected Cost Fund & Dept. Increase (Decrease) 100.1201 (5,525.51) City Manager 100.1601 (3,739.53) Personnel 100.1905 (3,956.84) Secretarial Pool 100.1915 216.51 General Govt. Buildings 100.3001 (395.43) Engineering Administration 100.3110 597.01 Street Maintenance 100.6001 2,622.93 Parks 100.6110 649.54 Recreation 100.6130 144.34 Aquatics 100.6150 72.17 Sun House Total General Fund (9,314.81) 575.5801 992.44 Ga rage 660.3401 (186.10) Solid Waste Disposal 695.6120 2,406.42 Golf 960.5601 (4,087.65) Redevelopment - Administration 962.5603 Redevelopment- Housing Total projected cost decrease (101189.70) .~ ,~ PARKSTAF.XLS 4/16/96 Page 1 Reorg Memo AIRPORT PARK BOULEVARD EXTENSION SPECIFICATION NO. 96-01 BID OPENING: MAY 7, 1996 ENGINEER'S ESTIMATE Item No. Quantity Unit Description UNIT PRICE AMOUNT I Lump Sum LS Surveying $5,000.00 $5,000.00 2 Lump Sum LS Testing and Quality Control $7,500.00 $7,500.00 3 Lump Sum LS Clearing and Grubbing $15,000.00 $15,000.00 4 Lump Sum LS Demolition $6,000.00 $6,000.00 5 Lump Sum LS Subgrade Preparation S67,000.00 $67,000.00 6 2107 CY (F) Roadway Excavation $15.00 $31,605.00 7 2403 CY (F) Imported Borrow for Roadway Subgrsde and Embankment $25.00 $60,075.00 8 3760 Tons Class 2 Aggregate Base $22.00 $82,720.00 9 1005 Tons Type B Asphalt Concrete $50.00 $50,250.00 10 322 LF Curb and Gutter $16.00 $ 5,152.00 11 20 LF 6' PVC Water Main $35.00 $700.00 12 79 LF 8' PVC Water Main $40.00 $3,160.00 13 1140 LF 10' PVC Water Main $50.00 $57,000.00 14 1830 LF 12' PVC Water Main $60.00 $109,800.00 15 194 LF 12" Ductile Iron Water Main $75.00 $14,550.00 16 I EACH 6' Gate Valve $700.00 $700.00 17 3 EACH 8' Gate Valve $900.00 $2,700.00 18 3 EACH 10' Gate Valve $1,250.00 $3,750.00 19 6 EACH 12' Gate Valve $1,800.00 $10,800.00 20 3 EACH !2' Blowoffs $450.00 $1,350.00 21 55 LF 15' PVC Storm Drain $28.00 $1,540.00 22 104 LF 18' PVC Storm Drain $34.00 $3,536.00 23 195 LF 36' Class 4 RCP Storm Drain $65.00 $12,675.00 24 50 LF 4' Electrical Underground Conduit $11.00 $550.00 25 165 LF 6' Electrical Underground Conduit $12.00 $1,980.00 26 Lump Sum LS Concrete Headwall $4,000.00 $4,000.00 27 418 CY (F) Ditch Excavation $25.00 $10,450.00 28 33 CY Rock Rip Rap Light $55.00 $1,815.00 29 22 CY Rock Rip Rap 1/4 Ton $65.00 $1,430.00 30 7 CY Concrete for Concreted-Rock Slope Protection $125.00 $875.00 31 Lump Sum LS Pavement Striping and Marking $1,500.00 $1,500.00 32 26 EACH Reflective Raised Pavement Markers $10.00 $260.00 33 11 EACH Signs $140.00 $1,540.00 34 14 LF Street Barricade $30.00 $420.00 35 6 EACH Sand-filled Modules for Crash Cushion $250.00 $1,500.00 36 3 EACH City Monuments $180.00 $ 540.00 TOTAL $579,423.00 C:~EXCE L~STRE ETS~AIRPORT.BLV~BIDTAB.XLS